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10/15/2014 AGENDA
;I L X07, V oc o 3i�lvq�I��fCo CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337 F, Phone (360)473-5280 ***AMENDED*** OCTOBER 15, 2014 CITY COUNCIL MEETING AGENDA 1. BRIEFING: 5:00—5:30 P.M. in COUNCIL CONFERENCE ROOM 603 A. General Council Business 2. CALL TO ORDER: 5:30 P.M. in FIRST FLOOR CHAMBERS A. Pledge of Allegiance B. Invocation 3. MAYOR'S REPORT 4. BPD BRIEFING—City of Bremerton Police Chief Steve Strachan 5. PUBLIC RECOGNITION 6. CONSENT AGENDA A. Claims & Check Register B. Minutes of Meeting —October 1, 2014 C. Minutes of Study Session —October 8, 2014 D. Confirm Appointment of Timothy Baker to the Parks & Recreation Commission E. Item pulled... F. Confirm Appointment of Richard Huddy to the Parks & Recreation Commission G. Amendment No. 1 to the Professional Services Agreement for Public Defense Services with Cross, LaCross & Murphy, PLLC H. Purchase of Variable Frequency Drives from L2 Systems, LLC for Water Pump Station #17 I. Construction Contract with Stellar J for the Biotower Media Replacement Project 7. PUBLIC HEARING A. [Quasi-Judicial] Hearing on a Resolution No. 3233 to recover,fees for abatement costs on the property located at 806 Cherry Court 8. GENERAL BUSINESS A. Contract with Trane, Inc. for the Wastewater Treatment Plant Phase II Energy Efficiency Project B. Kitsap County Human Services 1/10th of 1% Mental Health, Chemical Dependency, and Therapeutic Courts Contract 9. COUNCIL MEMBER REPORTS 10. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING A Special Meeting of the Bremerton Transportation Benefit District(TBD)Board will follow a brief recess ® Americans.with Disabilities Act(ADA) accommodations provided upon request: Those requiring.special .. . .accommodations.please contact the City Clerk at(360).473-5323 af.Ileast:24 hours prior:to the Meeting. I. BREMERTON CITY COUNCIL MEETING SPEAKERS LIST PLEASE PRINT YOUR NAME BELOW IF YOU PLAN TO COMMENT SO YOUR NAME CAN BE INCLUDED IN THE RECORD REQUESTS FOR INFORMATION MUST BE SUBMITTED IN WRITING TO THE CLERK THANK YOU I � !I �� THE CITY OF PRIDE AND OPPORTUNITY Mayor Patty Lent mayor�ci.bremerton.wa.us Tel 360-473-5266 Fox 360-473-5883 345 6th Street,Suite 600 Bremerton,WA 989$7-1873 �rocra�rtYa�tfort WHEREAS,Bremerton,Washington is a community that acknowledges that a special vibrancy exists within the entire community when its individual citizens collectively"go the extra mile"in personal effort,volunteerism,and service;and WHEREAS,Bremerton is a community that encourages its citizens to maximize their personal contribution to the community by giving of themselves wholeheartedly and with total effort,commitment,and conviction to their individual ambitions,family,friends,and community;and WHEREAS,Bremerton is a community that chooses to shine a light on and celebrate individuals and organizations within its community who"go the extra mile"in order to make a difference and lift up fellow members of their community;and WHEREAS,Bremerton acknowledges the mission of the Extra Mile America Foundation to create 500 Extra Mile cities and states in America and is proud to support"Extra Mile Day"on November 1,2014; NOW THEREFORE,I, Mayor Patty Lent of Bremerton,do hereby proclaim November 1,2014 to be Extra Mile Day. I urge each individual in our community to take time on this day to not only"go the extra mile"in his or her own life,but to also acknowledge all those around who are inspirational in their efforts and commitment to make their organizations,families, community,country,or world a better place. Signed this 15`h day of October,2014 of Mayor P ent s • Dedication of Dr ML King Way Save the Date!! You are cordially invited to a Historical Event in the City of Bremerton When: Friday October 24th @ Spm _Where: Corner of Pacific Ave and 7th Street(Downtown Bremerton) (In case of inclement weather the ceremony will be held at The Opal Robertson Youth Center at 802 7th Street) Commemorative signed copies of history can be ordered (All proceeds to offset cost of new signage) Light Refreshments @ Opal Robertson Youth Center directly after Ceremony Parking available at the Youth Center For Further info Contact: Faye Flemister 360-355-8122 r 4.. aum , .� • A Alb 1r i I µ � 1 • - t r. �•it � ,, t '_(��„ Forest Ridge Park Stewardship Days _" helping restore, beautify the t � --� - _ - trail maintenance, - .•,�����. -����--� • • ;. - -_ weed removal, �--'tr � - posting signage, updates, and more EVERYRD 3 SATURDAY OF MONTH PARK ADDRESS 110 Summit Avenue FOREST R R . PARK♦ R Bremerton, WA 98312 STEWARDSHIP R . P . ♦ YS EVENT DATES September 20, 9:00 am A croup of community volunteers,in collaboration with the CIty of Bremerton,have taken on creating a Forest Ridge Park Stewardship Group that will prioritize projects and carryout park beautification tasks an a monthly basis.The group is requesting donations from local businesses for project supplies and will provide coffee and pastries on work days. AJI are welcome to participate! Find us on Facebook OMEN October 18, 9:00 am November 1S, 9:00 am December 20, 9:00 am January 17, 9:00 am February 21, 9:00 am March 21, 9:00 am April 18, 9:00 am May 16, 9:00 am June 20, 9:00 am July 18, 9:00 am August 15, 9:00 am Ad/ NOVEMBER_1' 12'S—PM pUS 3030 WHEATN REM ON O _ WAy, BER YOU7N WELLNESS CAS J p7 THE � v� Proudly presented by the Bremerton Senior Center&Seniors Uncover Money Solutions r � N r 1' y ovtobtx117- j\ sr�m r ooor IT 9 A11Vf tm 4 PIM Sheridan Park Community Center 680 Lebo Blvd., Bremerton Hand-crafted items from over 9)o local vendors. Food, fun, festive holiday music.and free admission! Don't forget the annUpl $VM$ r Bake Sale-these delightful treats are;all,hand made by a variety of Bremerton Senior , Center members and are definitelyN . something you don't want to miss! Raffle tickets available at the door for Senior Center donated gift baskets.] Info line:360473-5357 'small TH[;S.lYlE-AR E � '' AVE SOMETHING- TO ETH - I' MWEDI.AI' i INTRODUCINGTHE ER GPEN TO THE PUBLIC_ ALL , i 'F IS t ,. NEWP E S :13.. ERS OME ASN'D: M IE ET T::H E TEAM, T FI E:DAN E THE, FRONT ^O.FFI E=AICD THE, FANS! 030SIN N WRY RRIMERIRRWA-9831 N ."DID..RIREMIRTRm,MINIM" .GAIPT s Valentinetti PuPpet Museum P r e s e n t s Clay Martin , n c and a s Saturday, Oct. 25th, 2014 o 2:00pm Olympic College Theater 15th and Ohio in Bremerton (across from Bremerton Nigh Stadium) Tickets: $7.00 each Available at the door or in advance at the Puppet Museum and Silverdale Antiques or online at brownpapertickets.com 257 Fourth Street, Bremerton, WA 98337 (360) 373-2992 ectandpuppets.org ..�t r 3'' r=• f �. r•-- 1e..r T,t 1 ,i T ,`RS �,.�� •�-. i.w.'t. t-•w.,s +' I ('-1r-a+.• a .pr > /.�'7'.1. a !.. Its !.�'f h,,. _a�.e f le. r t - f.,�.,.1 1 .air �' �` �•'+J.�-a,y+�►r-I.ex�' "'�L�•�,_t. I.T,•�� � „�e/� �.. R..�'..t �'.` � --i:t�,yw��,�'��;f�ai�•1 :',],f h0`-�"tr 11,ty:�����`a r, .�'�~^ J.¢,�.'..1{yy� t 1. �y'.�`(�'f�e'�*)�l-��'I� �'• v �?.i l� �1 -'� 1 _� �� _ y_ -ice•„ M e..rrr { ! '�.�+' � "^.il"'f'��_Mi`r_'1^^rrt�i•� ;may . _ _ !tom•,f f.,: _ T }��ti?t�!r a 1` T .h !C.�sn�. � +.-t,.:tom-��,.��V«;. I R•��F ftp. .-f... /-}�, i..�.Z-1 .� i ra- FA ti kit. ��'�--•+--1_.�.vim.-" �.�.i.i'u�'1 f_ t_��t�{•• � 1 / • 1 1 • • • 1 • • 1 J 1 F .� 7 - • -1 i3 41v:.�ty�,_ • 1 1 / 1 • 1 • / • 1 • 1 • 1 � • / 1 � • 1 �'b��Y.�� -1� �7w,r � • � / ��1'�r�Iij�ti. - - - � 1 • 1 • � Iti�t�Mi•7.!� • ;. v�.i t t T n Sposored by ;Kits'aP County'Boa4 o f•Go.i—n' oners _ www,WA1125.o`Yd - - 1 t t { r7 ._1 �L .t_ � .► � r - � _1 �Y - - _ _ T 'y � t -.. 1 j- •!+c ��. -- � �. 4__� Y.: �•R-/... t...4e-at_1•r•lr4N-.,. .. ,t t _ _ - .. _,. - -..' _ .. �., t �q•r-4-+:..l.i..•l_,�..i 1•.i��-1.}�2�10i8(411i.'�1�� Ki*d's Korner �►a�t� a "Im cra V 00MV63 ............................................................................................... at the Kitsap County Historical Society & Museum 2014 Schedule March 7 Create art work from a mold April. 4 Wheat Grass Easter Baskets . June 6 Japanese Origami Paper Folding September 5 Lunch sack mini album & scavenger hunt December 5 Snowflake Christmas Ornament w � a MGM Each Kid's Korner event is free and will be offered S-7 pm while supplies last 0-0=h KITSAP Program to. be held at: COUNTY Kitsap Historical Society & Museum 280 4th St Bremerton WA 98337 MUSEUM ' Call (360) 479-6226 11119 www.kitsaphistory.org • Speaker Series Kitsap County Historical Society & Museum Thursday, October 16, 2014 Reception: 6:OOpm Lecture: 6:30 pm with wine, cheese & desserts ■ f' - Nancy Martin "The Cover Story t ■ i' ■ I Women have recorded history in their stitching over the years, and quilts have been a great medium to document their stories. Nancy Martin will share some fascinating quilts whose pattern, color, or fabric relate to a story about the quiltmaker. Admission: $10 per person $5 KCHS Member Reservations are encouraged K I T S A P Program to be held at: ,9(, ,,Yca,G Kitsa Historical Society & Museum �`,jJC-!1etl/& 280 4 St. E' _ MUSEUM Bremerton, WA 98337 Call (360) 479-6226 ' www.kitsaphistory.org 1 i I A r, tir when: 4th Saturday - ` � of every month 9- 1 1 a m fr. Rain or Shine L ' where: � Kiwanis Park 1 701 5th Ste r Bremerton s tij Upcoming Event Dates: r April 26th :4 May 24th June 28th .,s July 26th August 23rd - - - - ' Sept. 27th ' Oct. 25th - - Nov. 22nd - . . . . . . • • — — — . • • • • • • • • • • - • • • For more information • - • • • - • • • • - • _ please call 473-5305. Z��lzif f �ID d (I NILS _ a • • ��NAT �� .,y.,_ BREMERTON Saturday,, October 25, - 2014 ( Every 4th Saturday ) 108@00 AM Meet up at the dock Point of Contact: Rick at (360) 373-0282 Case: 12-2213 Document: 006111784175 Filed: 08/14/2013 Page: 1 RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit I.O.P.32.1(b) C'_ / ry,� File Name: 13a0226p.06 TWO 7 C'kWcc10( UNITED STATES COURT OF APPEALS art FOR THE SIXTH CIRCUIT JAMES SPEET and ERNEST SIMS, Plaintiffs-Appellees, No. 12-2213 V. BILL SCHUETTE, Defendant-Appellant. Appeal from the United States District Court for the Western District of Michigan at Grand Rapids. No. 1:11-cv-00972—Robert J. Jonker, District Judge. Argued: June 13, 2013 Decided and Filed: August 14,2013 Before: MARTIN and SUTTON, Circuit Judges; ADAMS, District Judge.* COUNSEL ARGUED: Ann M. Sherman, OFFICE OF THE MICHIGAN ATTORNEY GENERAL, Lansing, Michigan, for Appellant. Miriam J. Aukerman, AMERICAN CIVIL LIBERTIES UNION FUND OF MICHIGAN, Grand Rapids, Michigan, for Appellees:ON BRIEF: Ann M.Sherman,OFFICE OF THE MICHIGAN ATTORNEY GENERAL, Lansing, Michigan, for Appellant. Miriam J. Aukerman, AMERICAN CIVIL LIBERTIES UNION FUND OF MICHIGAN,Grand Rapids,Michigan,Michael J. Steinberg,Daniel S.Korobkin,AMERICAN CIVIL LIBERTIES UNION FUND OF MICHIGAN, Detroit, Michigan, for Appellees. The Honorable John R.Adams,United States District Judge for the Northern District of Ohio, sitting by designation. 1 Case: 12-2213 Document: 006111784175 Filed: 08/14/2013 Page: 2 No. 12-2213 Speet, et al. v. Schuette Page 2 OPINION BOYCE F.MARTIN,JR.,Circuit Judge. This appeal involves a facial challenge to the constitutionality,under the First and Fourteenth Amendments to the United States Constitution, of a Michigan statute that criminalizes begging. This appeal poses two issues. The first issue is whether begging is a form of solicitation that the First Amendment protects. We hold that it is. The second issue is whether, as the district court concluded,the statute violates—on its face—the First Amendment. We agree with the district court that it does. Michigan's anti-begging statute cannot withstand facial attack because it prohibits a substantial amount of solicitation,an activity that the First Amendment protects, but allows other solicitation based on content. Therefore, we AFFIRM the district court's judgment. The Michigan anti-begging statute at issue in this case has existed since at least 1929. Mich. Comp. Laws § 900 (1929). The statute provides that "[a] person is a disorderly person if the person is any of the following: . . . (h)A person found begging in a public place." Mich. Comp. Laws Ann. § 750.167(1)(h)(West 2013). The statute criminalizes begging. A person convicted under section 750.167(1)(h) is "guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $500.00, or both." Mich. Comp. Laws Ann. § 750.168(1) (West 2013). According to the record, the police department in Grand Rapids, Michigan recorded four-hundred and nine reports of incidents of police enforcing this anti-begging ordinance from 2008-2011. Among those whom the Grand Rapids police arrested under the anti-begging ordinance are the plaintiffs: James Speet and Ernest Sims,two homeless adult residents of Grand Rapids,Michigan. In January 2011, Speet was arrested for begging in Grand Rapids. He was holding a sign saying:"Cold and Hungry,God Bless." The police gave Speet an appearance ticket,and he pleaded guilty to the charge. Unable to pay the$198 fine, Speet spent four days in jail. Then, in June 2011, Speet was holding a sign that Case: 12-2213 Document: 006111784175 Filed: 08/14/2013 Page: 3 No. 12-2213 Speet, et al. v. Schuette Page 3 said, "Need Job, God Bless,"while standing between a sidewalk and a street in Grand Rapids. The Grand Rapids police again arrested him for begging. After Speet secured pro bono counsel, the prosecution dismissed the begging charge. On July 4, 2011, Sims needed money for bus fare, and asked a person on the street: "Can you spare a little change?" A Grand Rapids police officer witnessed Sims asking for change and immediately arrested him. After Sims, a veteran,requested that he not be taken to jail because it was the Fourth of July,the officer agreed to give him an appearance ticket. Later, Sims appeared without counsel in court on the begging charge. He pleaded guilty and was sentenced to pay a fine of$100. Speet and Sims are not the only people that have been fined or jailed under Michigan's anti-begging statute. The Grand Rapids Police Department, during 2008-2011, initiated three-hundred and ninety-nine cases by arresting or citing people for begging. Speet and Sims sued Michigan Attorney General Bill Schuette,the City of Grand Rapids, and several of its police officers for declaratory and injunctive relief, alleging that Michigan's anti-begging statute violated—both facially and as applied—the First Amendment and the Fourteenth Amendment's Equal Protection Clause. The complaint's first count asserted that Michigan's anti-begging law was "facially invalid under the First Amendment[;]" likewise, the complaint's third count asserted that Michigan's anti-begging law was "facially invalid under the Equal Protection Clause." The complaint's second and fourth counts asserted that the statute violated the First and Fourteenth Amendments "as applied"to Speet and Sims. Instead of moving for summary judgment on the as-applied claims, Speet and Sims moved for summaryjudgment on the facial claims. Speet v.Schuette,889 F.Supp. 2d 969,972(W.D.Mich.2012). Michigan also moved for summaryjudgment on these claims. Id. In a published opinion and order, the district court granted Speet's and Sims'motion for partial summaryjudgment. Id.at 980. Michigan Attorney General Bill Schuette filed a timely appeal. Case: 12-2213 Document: 006111784175 Filed: 08/14/2013 Page: 4 No. 12-2213 Speet, et al. v. Schuette Page 4 We review de novo a district court's decision to grant summary judgment. Ohio Citizen Action v. City of Englewood,671 F.3d 564,569(6th Cir.2012)(citing Dillon v. Cobra Power Corp.,560 F.3d 591,595(6th Cir.2009)). A district court properly grants summary judgment when "`the pleadings, depositions, answers to interrogatories and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law."' Id. (quoting Estate of Smithers ex rel. Norris v. City of Flint, 602 F.3d 758, 761 (6th Cir. 2010)). Here, the "parties agree[d] that there [was] no genuine issue of material fact regarding the facial challenge and that judgment as a matter of law [was] appropriate." Speet, 889 F. Supp. 2d at 972. A facial challenge to a law's constitutionality is an effort"to invalidate the law in each of its applications, to take the law off the books completely." Connection Distrib. Co. v. Holder, 557 F.3d 321, 335 (6th Cir 2009) (en bane); see also Vill. of Hoffman Estates v.Flipside, Hoffman Estates, Inc:, 455 U.S. 489, 495, n-:5 (1-982) ("a `facial' challenge . . . means a claim that the law is `invalid in toto—and therefore incapable of any valid application."' (quoting Steffel v. Thompson, 415 U.S. 452, 474 (1974))). In contrast to an as-applied challenge, which argues that a law is unconstitutional as enforced against the plaintiffs before the court,a facial challenge"is not an attempt to invalidate the law in a discrete setting but an effort `to leave nothing standing[.]"' Connection Distributing Co.,557 F.3d at 335(en bane)(quoting Warshak v. United States,532 F.3d 521,528(6th Cir.2008)(en bane)). Sustaining a facial attack to the constitutionality of a state law, as the district court did, is momentous and consequential. It is an "exceptional remedy." Carey v. Wolnitzek, 614 F.3d 189, 201 (6th Cir. 2010). Generally,to"succeed in a typical facial attack,"a plaintiff must establish"`that no set of circumstances exists under which[the statute]would be valid."' United States v. Stevens, 130 S.Ct. 1577, 1587(2010)(quoting United States v. Salerno,481 U.S.739, 745 (1987)). Or, a plaintiff would have to establish that"the statute lacks any `plainly legitimate sweep[.]"' Id. (quoting Washington v. Glucksberg, 521 U.S. 702, 740 n.7 Case: 12-2213 Document: 006111784175 Filed: 08/14/2013 Page: 5 No. 12-2213 Speet, et al. v. Schuette Page 5 (1997) (Stevens, J., concurring)). Here, Attorney General Schuette argues that, to succeed in their facial attack, Speet and Sims must demonstrate that there is no conceivable manner in which the anti-begging statute can be enforced consistent with the First Amendment. While this is the general rule, an exception exists for facial challenges based on the First Amendment. Where a plaintiff makes a facial challenge under the First Amendment to a statute's constitutionality, the "facial challenge" is an "overbreadth challenge." Connection Distrib. Co.,557 F.3d at 335;see also City of Houston, Tex. v.Hill,482 U.S. 451, 458 (1987) ("Only a statute that is substantially overbroad may be invalidated on its face."(citing New York v.Ferber,458 U.S.747,769(1982);Broadrick v. Oklahoma, 413 U.S. 601 (1973))). Instead of having to prove that no circumstances exist in which the enforcement of the statute would be constitutional,the plaintiff bears a lesser burden: "to demonstrate that a`substantial number of instances exist in which the law cannot be applied constitutionally."' Glenn v. Holder,690 F.3d 417,422(6th Cir.2012)(quoting Richland Bookmart,Inc. v.Knox Cnty.,555 F.3d 512,532(6th Cir.2009)). Thus,"[t]he First Amendment doctrine of overbreadth is an exception to[the]normal rule regarding the standards for facial challenges." Virginia v.Hicks,539 U.S. 113, 118(2003)(citing Members of City Council of Los Angeles v. Taxpayers for Vincent, 466 U.S. 789, 796 (1984)). And in a facial challenge,a plaintiff must show substantial overbreadth:that the statute prohibits"`a substantial amount of protected speech both in an absolute sense and relative to[the statute's]plainly legitimate sweep[.]"' Carey v. Wolnitzek,614 F.3d 189, 208 (6th Cir. 2010) (quoting Connection Distrib. Co., 557 F.3d at 336). We have acknowledged that "[T]he concept of `substantial overbreadth"' has "some elusive qualities[.]" Connection Distrib. Co.,557 F.3d at 340;see also Taxpayers for Vincent, 466 U.S. at 800("[t]he concept of`substantial overbreadth' is not readily reduced to an exact definition."). But the doctrine of substantial overbreadth"involves an inquiry into the `absolute' nature of a law's suppression of speech." Connection Distrib. Co., 557 F.3d at 340. A facial challenge based on substantial overbreadth "describe[s] a Case: 12-2213 Document: 006111784175 Filed: 08/14/2013 Page: 6 No. 12-2213 Speet, et al. v. Schuette Page 6 challenge to a statute that in all its applications directly restricts protected First Amendment activity and does not employ means narrowly tailored to serve a compelling governmental interest." Secy of State of Md. v.Joseph H. Munson Co., Inc.,467 U.S. 947,966 n.13(1984)(citing Vill. of Schaumburg v. Citizens for a Better Env't,444 U.S. 620, 637-639 (1980)(rest of citation omitted)). As the Supreme Court has explained, the point of an overbreadth challenge "is that there is no reason to limit challenges to case-by-case `as applied' challenges when the statute on its face and therefore in all its applications falls short of constitutional demands." Joseph H. Munson Co., Inc., 467 U.S. at 966 n.13. If we determine that a statute is substantially overbroad, we have necessarily determined that there is "`a realistic danger that the statute itself will significantly compromise recognized First Amendment protections of parties not before the Court."' N. Y. State Club Ass'n v. City of N. Y., 487 U.S. 1, 11 (1988) (quoting Taxpayers for Vincent, 466 U.S. at 801). To succeed in an overbreadth challenge, therefore,a plaintiff must"demonstrate from the text of[the statute]and from actual fact that a substantial number of instances exist in which the [statute] cannot be applied constitutionally." N. Y. State Club,487 U.S. at 14. So the first step in reviewing a facial challenge to a law's overbreadth requires us"`to determine whether the enactment reaches a substantial amount of constitutionally protected conduct."' City of Houston, 482 U.S. at 458-59 (quoting Vill. of Hoffman Estates,455 U.S.at 494;Kolender v.Lawson,461 U.S.352,359 n.8(1983)). If the law does not reach a substantial amount of constitutionally protected conduct, "then the overbreadth challenge must fail." Vill. of Hoffman Estates, 455 U.S. at 494. In other words, the"first step in overbreadth analysis is to construe the challenged statute; it is impossible to determine whether a statute reaches too far without first knowing what the statute covers." Williams, 553 U.S.at 293. We must scrutinize"[c]riminal statutes . . . with particular care[.]" City of Houston, 482 U.S. at 459 (citing Winters v. New York, 333 U.S. 507, 515 (1948). Here, then, we must first determine whether the Michigan statute reaches a substantial amount of constitutionally protected conduct or speech. And,because it is a criminal statute,we must scrutinize the statute with particular care. Case: 12-2213 Document: 006111784175 Filed: 08/14/2013 Page: 7 No. 12-2213 Speet, et al. v. Schuette Page 7 On appeal,Attorney General Schuette argues that the anti-begging statute does not reach any conduct or speech that the First Amendment protects. But begging,by its very definition,encapsulates the solicitation for alms. Although neither the anti-begging section of the statute,nor another section of the statute,defines"begging,"according to Michigan law,"[w]hen a statute fails to define a term,we will construe it`according to its common and approved usage . . . ."' Jennings v. Southwood, 521 N.W.2d 230,237 (Mich. 1994)(quoting State ex rel. Wayne Cnty. Prosecutor v.Levenburg,280 N.W.2d 810, 812(1979),abrogated on other grounds by Michigan ex rel County Prosecutor v. Bennis,527 N.W.2d 483(Mich. 1994)). Michigan law further provides that"resort[ing] to the standard dictionary definition is an appropriate means of determining [a term's] common and approved usage." Shinkle v.Shinkle,663 N.W.2d 481,485(Mich.Ct.App. 2003)(citing Horace v.Pontiac,575 N.W.2d 762,767(1998)). Here,Attorney General Schuette resorted to a dictionary defmition of begging in his opening brief, defining begging,as "soliciting alms." The New American Heritage Dictionary 119 (5th ed. 1976). We see no reason not to use, for the purposes of this appeal,this commonsense definition of begging as"soliciting alms." While the United States Supreme Court has not,as Michigan correctly points out in its briefs, directly decided the question of whether the First Amendment protects soliciting alms when done by an individual, the Court has held—repeatedly—that the First Amendment protects charitable solicitation performed by organizations. In Village of Schaumburg v. Citizens for a Better Environment, 444 U.S. 620, 622 (1980), the Court addressed the validity, under the First and Fourteenth Amendments, of a municipal ordinance that prohibited charitable organizations from soliciting contributions unless they used at least seventy-five percent of their receipts for what the ordinance defined as charitable purposes. The plaintiffs challenged"the facial validity of the village ordinance on First Amendment grounds,"id. at 627,and the Court affirmed the Seventh Circuit's upholding of the district court's "judgment of facial invalidity"of the ordinance. Id. at 634. Case: 12-2213 Document: 006111784175 Filed: 08/14/2013 Page: 8 No. 12-2213 Speet, et al. v. Schuette Page 8 After summarizing its relevant cases,the Court held that its"[p]rior authorities, therefore,clearly establish that charitable appeals for funds,on the street or door to door, involve a variety of speech interests—communication of information,the dissemination and propagation of views and ideas, and the advocacy of causes—that are within the protection of the First Amendment." Id. at 632. The Court has repeatedly reaffirmed Schaumburg's holding that the First Amendment protects charitable solicitation. In 1984, the Court observed that Schaumburg had determined that"charitable solicitations are so intertwined with speech that they are entitled to the protection of the First Amendment." Joseph H.Munson Co., 467 U.S. at 959. Then, in 1988, the Court reiterated that Schaumburg and Munson, "teach that the solicitation of charitable contributions is protected speech[.]" Riley v. Nat'l Fed'n of the Blind of N.C., Inc., 487 U.S. 781, 789 (1988). In 1990, in United States v. Kokinda, 497 U.S. 720 (1990) (plurality opinion), while the Court held constitutional, as applied, a United States Postal Service regulation prohibiting the solicitation of alms and contributions on postal premises, the Court also stated that "[s]olicitation is a recognized form of speech protected by the First Amendment." Kokinda, 497 U.S. at 725 (citing Schaumburg, 444 U.S. at 629; Riley, 487 U.S. at 788-789). Thus, the First Amendment protects charitable solicitation performed by organizations. But does the First Amendment protect the solicitation of alms when performed by an individual not affiliated with a group? We hold that it does. We find persuasive the Seventh Circuit's reasoning in Gresham v. Peterson, 225 F.3d 899(7th Cir. 2000), in which a plaintiff mounted an as-applied challenge, on First Amendment grounds, to an Indianapolis ordinance that prohibited soliciting in public places. The Seventh Circuit acknowledged that "the Supreme Court has not resolved directly the constitutional limitations on [panhandling laws] as they apply to individual beggars,"but noted that the Court"has provided clear direction on how they apply to organized charities,not-for-profits,and political groups." Gresham,225 F.3d at 903 (citing Riley, 487 U.S. at 789; Joseph H. Munson Co., 467 U.S. at 959-60; Schaumburg,444 U.S. at 632). Case: 12-2213 Document: 006111784175 Filed: 08/14/2013 Page: 9 No. 12-2213 Speet, et al. v. Schuette Page 9 We agree with the Seventh Circuit's reasoning that "Shaumburg provides the appropriate standard to analyze" whether the First Amendment protects begging. Gresham, 225 F.3d at 904-05. Gresham analogized panhandlers to the charity in Shaumburg, saying that "[1]ike the organized charities, [the panhandlers'] messages cannot always be easily separated from their need for money." Id. at 904. The Gresham panel concluded by saying that"[w]hile some communities might wish for all solicitors, beggars and advocates of various causes be vanished from the streets, the First Amendment guarantees their right to be there, deliver their pitch and ask for support." Id. (citing Schaumburg,444 U.S.at 632). We further agree with Gresham's observation that"[i]ndeed,the Court's analysis in Schaumburg suggests little reason to distinguish between beggars and charities in terms of the First Amendment protection for their speech." Id. Our sister circuits—the Second,Eleventh,and Fourth Circuits—in cases decided before and after Gresham, have similarly held that begging is a type of solicitation protected by the First Amendment. We find these cases to be persuasive authority, as well, for our holding that begging is a form of solicitation that the First Amendment protects. The Second Circuit,in Loper v.New York City Police Department,999 F.2d 699, 706 (2d Cir. 1993), affirmed the district court's judgment that had declared unconstitutional, on First Amendment grounds, a state statute which stated that "[a] person is guilty of loitering when he: 1. [1]oiters,remains or wanders about in a public place for the purpose of begging. . . ." N.Y. Penal Law§ 240.35(1)(McKinney 1989). Loper, like Gresham, relied on Schaumburg's holding that "`charitable appeals for funds, on the street or door to door, involve a variety of speech interests—communication of information, the dissemination and propagation of view and ideas, and the advocacy of causes—that are within the protection of the First Amendment."' Loper,999 F.2d at 704(quoting Schaumburg,444 U.S. at 632). Loper explained that "[flnherent in all the charitable solicitation cases revolving around the First Amendment is the concept that`[c]anvassers in such contexts are necessarily more Case: 12-2213 Document: 006111784175 Filed: 08/14/2013 Page: 10 No. 12-2213 Speet, et al. v. Schuette Page 10 than solicitors for money."' Id. (quoting Schaumburg, 444 U.S. at 632)). The Loper panel explained that"[b]egging frequently is accompanied by speech indicating the need for food, shelter, clothing,medical care or transportation." Loper, 999 F.2d at 704. It concluded that[,]"in regard to the message conveyed,"it saw"little difference between those who solicit for organized charities and those who solicit for themselves[,]"because those who solicit for organized charities "are communicating the needs of others[,]" while those who solicit for themselves "are communicating their personal needs." Id. According to the Loper panel,"[b]oth solicit the charity of others. The distinction is not a significant one for First Amendment purposes." Id. (citation omitted). The Eleventh Circuit, in Smith v. City of Fort Lauderdale, Fla., 177 F.3d 954, 955 (11th Cir. 1999),held that a city's regulation proscribing begging on a certain five- mile strip of beach and two attendant sidewalks was narrowly tailored to serve the city's legitimate interests. But the court began its analysis by stating that "[I]ike other charitable solicitation, begging is speech entitled to First Amendment protection." Id. at 956(footnote omitted) (citing,Loper 999 F.2d 699 at 704; Schaumburg,444 U.S. at 632). This year,the Fourth Circuit,in Clatterbuck v. City of Charlottesville, 708 F.3d 549,551 (4th Cir.2013),addressed the question of whether a municipal ordinance,that prohibited people from soliciting immediate donations in two streets near a downtown shopping area,unconstitutionally restricted the free speech of individuals who regularly begged there. The court noted, "[a]s a preliminary matter," that "the speech and expressive conduct that comprise begging merit First Amendment protection." Id. at 553. The court observed that the United States Supreme Court has "held that the solicitation of`charitable contributions' is protected speech." Id. (quoting Riley, 487 U.S.at 789). The court also observed that several other United States Courts of Appeals had "extended that holding to begging, which is simply solicitation on behalf of the speaker." Id. (citing Smith 177 F.3d at 956; Loper, 999 F.2d at 704). The court concluded by stating "[w]e agree that begging is communicative activity within the protection of the First Amendment." Id. Case: 12-2213 Document: 006111784175 Filed: 08/14/2013 Page: 11 No. 12-2213 Speet, et al. v. Schuette Page 11 Michigan relies on several authorities to argue that the First Amendment does not protect begging,or soliciting alms—but we find not one of these authorities persuasive. First,Michigan cites Part II of Justice Kennedy's concurrence in International Society for Krishna Consciousness, Inc. v. Lee, 505 U.S. 672, 703 (1992) (plurality opinion). In Part II of his concurrence,Justice Kennedy stated that he was"in full agreement with the statement of the Court that solicitation is a form of protected speech." Lee,505 U.S. at 704(citing Riley,487 U.S. at 788-89;Schaumburg,444 U.S. at 629)(rest of citation omitted)). But Justice Kennedy argued that an airport regulation that prohibited solicitation for the immediate payment of funds did not violate the First Amendment because the regulation"reache[d] only personal solicitations for immediate payment of money."' Lee, 505 U.S. at 704. Justice Kennedy hypothesized that,had the regulation "prohibited all speech that requested the contribution of funds,"then he"would[have] conclude[d]that it was a direct,content-based restriction of speech in clear violation of the First Amendment." Id. But, Justice Kennedy wrote, the "regulation d[id] not prohibit all solicitation[;]"rather,"it prohibit[ed]the`solicitation and receipt of funds."' Id. Justice Kennedy characterized the restriction as "directed only at the physical exchange of money, which is an element of conduct interwoven with otherwise expressive solicitation." Id. at 705. We decline to follow the reasoning in Part II of Justice Kennedy's concurrence in Lee for three reasons. First,to the extent that Part 11 of Justice Kennedy's concurrence argues that the "physical exchange of money" may be isolated from the act of solicitation, it runs contrary to Schaumburg's holding that solicitation of charitable donations is "characteristically intertwined with informative and perhaps persuasive speech[.]" Schaumburg, 444 U.S. at 632. Schaumburg does not suggest that the -physical exchange of money may be isolated; it is "intertwined" with speech that the First Amendment protects. Second, Part H of Justice Kennedy's concurrence is not Lee's holding. And third,Justice Kennedy wrote Part II without another Justice joining him. Case: 12-2213 Document: 006111784175 Filed: 08/14/2013 Page: 12 No. 12-2213 Speet, et al. v. Schuette Page 12 Michigan also cites the Second Circuit's decision in Young v. New York City Transit Authority,903 F.2d 146(2d Cir. 1990),as authority for the proposition that the First Amendment does not protect begging. Young initially framed the issue as"whether the prohibition of begging and panhandling in the New York City subway system violate[d] the First Amendment of the United States Constitution." Young,903 F.2d at 147(footnote omitted). The regulation provided that"`no person,unless duly authorized . . . shall upon any facility or conveyance . . . solicit alms, subscription or contribution for any purpose."'Id. at 148(quoting N.Y.Comp.Codes R.&Regs.tit.21, § 1050.6(b) (1989)). The Second Circuit opined that "[c]ommon sense" dictates that "begging is much more `conduct' than it is `speech."'Id. at 153. Therefore,the court reframed the issue as"whether begging constitutes the kind of`expressive conduct'protected to some extent by the First Amendment." Id. Young read Schaumburg's holding to be limited to appeals by organized charities; only these solicitations involve a variety of speech interests including communication of information, the dissemination and propagation of views and ideas, and the advocacy of causes. Id. at 155. Young asserted that"neither Schaumburg nor its progeny stand for the proposition that begging and panhandling are protected speech under the First Amendment." Id. Rather,the court said,Schaumburg,Munson and Riley "hold that there is a sufficient nexus between solicitation by organized charities and a `variety of speech interests' to invoke protection under the First Amendment." Id. Young displayed the panel's distaste for begging, writing that "[w]hile organized charities serve community interests by enhancing communication and disseminating ideas, the conduct of begging and panhandling in the subway amounts.to nothing less than a menace to the common good." Young, 903 F.2d at 156 (citing Taxpayers for Vincent, 466 U.S. at 805). We decline to follow the Young majority's reasoning. We find more persuasive Young's dissent, which held that there is no "legally justifiable distinction" between "begging for one's self and solicitation by organized charities." Young,903 F.2d at 164 (Meskill, J., dissenting). The dissent read Schaumburg—as we do— as holding that Case: 12-2213 Document: 006111784175 Filed: 08/14/2013 Page: 13 No. 12-2213 Speet, et al. v. Schuette Page 13 "charitable solicitation is protected because it`is characteristically intertwined with. . . speech seeking support for particular causes or for particular views on economic, political,or social issues."' Id. at 165(quoting Schaumburg,444 U.S.at 632). We agree with the dissent's'statement that Schaumburg"held that First Amendment protection attaches to all charitable solicitation, whether or not any speech incident to the solicitation actually takes place,because a sufficient nexus exists between a charity's expression of ideas and its fundraising." Id. We further agree with the dissent's conclusion that "if First Amendment protection extends to charitable solicitation unaccompanied by speech,as it apparently does,it must extend to begging as well." Id. And we agree that."begging is indistinguishable from charitable solicitation for First Amendment purposes. To hold otherwise would mean that an individual's plight is worthy of less protection in the eyes of the law than the interests addressed by an organized group." Id. at 167. Moreover, Loper overruled Young's holding that begging is not conduct that communicates.Loper stated that"[w]hile we indicated in Young that begging does not always involve the transmission of a particularized social or political message, see Young, 903 F.2d at 153, it seems certain that it usually involves some communication of that nature." Loper, 999 F.2d at 704. Based on the foregoing discussion, we hold that begging, or the soliciting of alms, is a form of solicitation that the First Amendment protects. We now consider whether Michigan's anti-begging statute is substantially overbroad. We will not apply the"`strong medicine' of overbreadth analysis where the parties fail to describe the instances of arguable overbreadth of the contested law." Wash. State Grange v. Wash. State Republican Party, 552 U.S.442,450 n.6(citing N. Y. State Club, 487 U.S. at 14). The plaintiff bears "`the burden of demonstrating . . . substantial overbreadth."' Connection Distrib. Co.,557 F.3d at 336(quoting Hicks,539 U.S. 113, 122 (2003)). A plaintiff"`must demonstrate from the text of the statute and from actual fact that a substantial number of instances exist in which the law cannot be applied constitutionally."' United States v. Coss, 677 F.3d 278, 289 (6th Cir. 2012) Case: 12-2213 Document: 006111784175 Filed: 08/14/2013 Page: 14 No. 12-2213 Speet, et al. v. Schuette Page 14 (quoting Am. Booksellers Found.for Free Expression v. Strickland, 601 F.3d 622,627 (6th Cir. 2010)). A plaintiff may not "leverag[e] a few alleged unconstitutional applications of the statute into a ruling invalidating the law in all of its applications." Connection Distrib. Co., 557 F.3d at 340. Sometimes plaintiffs have difficulty bearing this burden. For example,in one case we said that the record was"`utterly barren about whether some,many,indeed any,[other people][were]affected by...application of the statute."' Glenn,690 F.3d at 422(quoting Connection Distrib. Co.,557 F.3d at 338-39). We do not have that problem here. The record shows that the statute reaches a substantial amount of begging,which we have held that the First Amendment protects because it is a form of solicitation. Instead of a few instances of alleged unconstitutional applications,we have hundreds. The Grand Rapids Police Department produced four hundred nine incident reports related to its enforcement of the anti-begging statute. Thirty-eight percent of the people that the police stopped were holding signs requesting help, containing messages like "Homeless and Hungry:Need Work,""Homeless Please Help God Bless,""Lost My Job Need Help,"and"Homeless and Hungry Vet." The other sixty-two percent of the stops (two hundred fifty-five instances)involved people verbally soliciting charity. In forty- three percent of the cases,the police immediately arrested the people who were begging. In two hundred eleven cases,people convicted of begging were sentenced directly to jail time. The record in this case bolsters our"judicial prediction" that"the statute's very existence may cause others not before the court to refrain from constitutionally protected speech or expression." Broadrick,413 U.S. at 612. Thus,sustaining the facial challenge in this case is appropriate because the risk exists that, if left on the books,the statute would chill a substantial amount of activity protected by the First Amendment. We must provide"this expansive remedy"because "the threat of enforcement of an overbroad law may deter or `chill' constitutionally protected speech"—especially where,as here,"the overbroad statute imposes criminal sanctions." Hicks, 539 U.S. at 119 (citing Schaumburg,444 U.S. at 634;Bates v. State Bar of Ariz., 433 U.S. 350, 380 (1977);NAACP v. Button, 371 U.S. 415,433 (1963)). Case: 12-2213 Document: 006111784175 Filed: 08/14/2013 Page: 15 No. 12-2213 Speet, et al. v. Schuette Page 15 The reason for this is that "free expression may be inhibited almost as easily by the potential or threatened use of power as by the actual exercise of that power." N. Y. State Club,487 U.S.at 11 (citing Thornhill v.Alabama,310 U.S. 88,97-98(1940)). We are concerned that "[m]any persons, rather than undertake the considerable burden (and sometimes risk)of vindicating their rights through case-by-case litigation,will choose simply to abstain from protected speech, harming not only themselves but society as a whole,which is deprived of an uninhibited marketplace of ideas." Hicks, 539 U.S. at 119(citation omitted). Thus"[o]verbreadth adjudication,by suspending all enforcement of an overinclusive law, reduces these social costs caused by the withholding of protected speech." Id. As long as"the statute remains available to the State the threat of prosecutions of protected expression is a real and substantial one." Dombrowski v. Pfister, 380 U.S. 479,494 (1965). But"[f]acial overbreadth has not been invoked when a limiting construction has been or could be placed on the challenged statute." Broadrick,413 U.S. at 613 (citing Dombrowski, 380 U.S. at 491; Cox v. New Hampshire, 312 U.S. 569 (1941); United States v. Thirty-Seven Photographs, 402 U.S. 363 (1971); Breard v. Alexandria, 341 U.S. 622 (1951)). Therefore,we must consider any limiting construction of the statute that Michigan can present. Vill. of Hoffman Estates, 455 U.S. at 495 n.5 ("[i]n evaluating a facial challenge to a state law,a federal court must,of course,consider any limiting construction that a state court or enforcement agency has proffered.") (citing Grayned v. City of Rockford, 408 U.S. 104, 110 (1972)). We need not consider a limiting construction, however, if the statute"is not `fairly subject to an interpretation which will render unnecessary or substantially modify the federal constitutional question."' Bd. of Airport Comm'rs v. Jews for Jesus, Inc.,482 U.S. 569, 575 (1987) (quoting Harmon v. Fofssenius, 380 U.S. 528, 535 (1965)). Here, we cannot read the statute to limit its constitutional effect. The statute simply bans an entire category of activity that the First Amendment protects. We acknowledge that the statute serves "a sufficiently strong, subordinating interest that [Michigan] is entitled to protect." Schaumburg, 444 U.S. at 636. Here, Case: 12-2213 Document: 006111784175 Filed: 08/14/2013 Page: 16 No. 12-2213 Speet, et al. v. Schuette Page 16 Attorney General Schuette argues that Michigan's interest is in preventing fraud. He argues that not all those who beg are homeless and destitute, nor do all those who beg use the funds they receive from begging to meet basic needs. Instead, those who beg often spend that money on alcohol. The record contains an affidavit of an executive director of an agency that works with the homeless as saying that"the great majority of people panhandling for money are using the money for alcohol and drugs." Furthermore,panhandlers who display signs saying that they are homeless often are not. Rather,they use the signs"to elicit sympathy and money,often to feed a drug or alcohol problem." Even the United States Department of Justice has recognized"[t]his potential for fraud" and has put out a publication on panhandling which states that "some panhandlers pretend to be disabled and/or war veterans," and that the panhanders' "primary purpose is to immediately buy alcohol or drugs.." Attorney General Schuette also argues that the ordinance prevents duress. We agree with Attorney General Schuette that the prevention of fraud and duress are substantial state interests. In Schaumburg,the Village argued that its ordinance was intimately related to the substantial governmental interests in protecting the public from fraud, crime, and undue annoyance. Schaumburg, 444 U.S. at 636. The Court noted that,like here,"[p]revention of fraud[was]the Village's principal justification"for the ordinance. Id. The Court declared that,while these interests were substantial,they were "only peripherally promoted" by the ordinance and "could be sufficiently served by measures less destructive of First Amendment interests." Id. The Court said, "[t]he Village's legitimate interest in preventing fraud can be better served by measures less intrusive than a direct prohibition on solicitation." Id. Michigan's interest in preventing fraud can be better served by a statute that, instead of directly prohibiting begging,is more narrowly tailored to the specific conduct, such as fraud, that Michigan seeks to prohibit. Indeed, "'[b]ecause First Amendment freedoms need breathing space to survive,"'a state"`may regulate in the area only with narrow specificity."' Gooding v. Wilson, 405 U.S. 518, 522 (1972) (quoting Button, 371 U.S. at 433). A state must carefully craft the statute "to punish only unprotected Case: 12-2213 Document: 006111784175 Filed: 08/14/2013 Page: 17 No. 12-2213 Speet, et al. v. Schuette Page 17 speech and not be susceptible of application to protected expression." Gooding, 405 U.S.at 522. As the Supreme Court has warned,"statutes attempting to restrict or burden the exercise of First Amendment rights must be narrowly drawn and represent a considered legislative judgment that a particular mode of expression has to give way to other compelling needs of society." Broadrick,413 U.S.at 611-12(citations omitted). Where,as here,"the statute unquestionably attaches sanctions to protected conduct,the likelihood that the statute will deter that conduct is ordinarily sufficiently great to justify an overbreadth attack." Taxpayers for Vincent,466 U.S. at 800 n.19(citing Erzonznik v. City ofdacksonville,422 U.S.205,217(1975)). Michigan may regulate begging. As the Supreme Court has said, "[s]oliciting financial support is undoubtedly subject to reasonable regulation[.]" Schaumburg, 444 U.S. at 632. But Michigan must regulate begging"with due regard for the reality that solicitation is characteristically intertwined with informative and perhaps persuasive speech seeking support for particular causes or for particular views on economic,political, or social issues[.]" Id. Because the anti-begging ordinance violates the First Amendment in banning a substantial amount of activity that the First Amendment protects, we AFFIRM the district court's judgment. We need not, and so do not, consider whether the ordinance violates the Fourteenth Amendment. vote o r m e r a. a d r ia Goro�on '# rD ' M , , ' photogenic Peb Chose ,a w a rd, s 4 r � t: 1 v + fi K (oA AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Claims & Check Register Study Session Date: COUNCIL MEETING Date: October 15, 2014 Department: Financial Services Presenter: Shannon Corin Phone: 473-5323 SUMMARY: Approval of the following checks and electronic fund transfers: 1) Check#'s 360509 through 360634 and EFT's 14245 through 14275 in the amount of $1,857,336.07. 2) Regular Payroll for the pay period ending September 30, 2014 in the amount of$708,080.00. 3) Regular Payroll for the pay period ending September 30, 2014 in the amount of$14,995.66. ATTACHMENTS: FISCAL IMPACTS (Include Budgeted Amount): STUDY SESSION AGENDA: 0 No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑x Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve consent agenda as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/25/13 AGENDA BILL (015 CITY OF BREMERTON CITY COUNCIL ■■eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee SUBJECT: Meeting Minutes - Study Session Date: N/A October 1, 2014 COUNCIL MEETING Date: October 15, 2014 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: Attached is a summary of the City Council Meeting on October 1, 2014. ATTACHMENTS: Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount): N/A STUDY SESSION AGENDA: 0 No Presentation ❑ Full Presentation STUDY SESSION ACTION: N Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the Consent Agenda as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 11/02/12 DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wednesday, October 1, 2014 The weekly meeting of the City Council of the City of Bremerton was called to order Wednesday, October 1, 2014, at 5:00 PM in Council Conference Room 603 of the NORM DICKS GOVERNMENT CENTER, 345 6th Street, Bremerton, Washington, with Council President Greg Wheeler presiding. Council Members present were Eric Younger, Roy Runyon, Dino Davis, Jerry McDonald, Leslie Daugs, and Mike Sullivan. Also present were City Attorney Roger Lubovich; City Clerk Shannon Corin; Legislative Assistant Lori Smith; and Kevin Matthew, Information Services Manager. A COUNCIL BRIEFING was 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 Mike Sullivan followed by the invocation provided by Reverend Marta Schellberg of Bremerton United Methodist Church. MAYOR'S REPORT —Mayor Patty Lent... • Was pleased to join her husband at lunch with 104 attendees of his 60th High School Reunion; • Brought forward Caroline Tompson to present her with the "Distinguished Budget Presentation Award for the Budget Year 2014" from the Washington Finance Officers Association (W FOA); • Announced that the Senior Craft Fair will be held on Friday, October 17 from 10:00 AM to 5:00 PM, and Saturday, October 18 from 9:00 AM to 4:00 PM at the Sheridan Park Community Center; • Announced that Columbia Hospitality would be opening a satellite location for the Gold Mountain Golf Shop on Wednesday, October 15 at the Kitsap Mail (across from Macy's); • Announced that Washington Governor Jay Inslee will be the Guest Speaker at the All-Chamber Luncheon on October 21 from 11:30 to 1:00 PM at the Kitsap Conference Center; • Announced that the Youth Wellness Campus would be hosting a Winter Brewfest to raise funds for their sports scholarship program on Saturday, November 1 from Noon to 5:00 PM; • Announced two community events being held on Saturday, October 4 at the Sheridan Park Community Center, the Stand Down for Veterans event from 9:00 AM to 2:00 PM, followed by the "Oasis Encore Bremerton" event in support of youth in the community from 6:00 to 9:00 PM; • Brought forward Andrea Spencer, Director of Community Development to provide an overview of "Bremerton 2035"; and • Provided information on the Joint Land Use Study (JLUS). PUBLIC RECOGNITION Timothy Olsen spoke of his late father Dr. Terry Olsen, and invited the community to attend his service on Saturday, October 11 at 3:00 PM at Sylvan Way Baptist Church. Mike Walton, Community Marketing Director for the Kitsap Family YMCA, provided an update on the activities of the Y. Annette Atkinson announced there will be a Grand Opening and ribbon cutting at a new retail marijuana store called Highway 420 on Friday, October 10 at 4:20 PM. CONSENT AGENDA 5A— Claims & Check Register: Check Numbers 360305 through 360508, and EFT-14206 through EFT-14244 in the amount of $1,428,460.19; Regular Payroll for the pay period ending September 15, 2014 in the amount of $724,980.61; Regular Payroll (Pay Out) for the pay period ending September 15, 2014 in the amount of $16,039.12; and Retiree Payroll for the pay period ending September 30, 2014 in the amount of $54,326.62; 513— Minutes of Meeting — September 17, 2014 City Council Reg. Mtg. Minutes Wednesday, October 1, 2014 Page 2 of 3 5C— Minutes of Study Session —September 24, 2014 5D— Addition of 1 (FTE) Utilities Laborer (Grade 4) for the duration of the "Sensus Water Meters and MXU Transmitters Installation Capital Project' (eliminating need for 2 temporary part-time employee positions) 5E— Professional Services Agreement with Summit Law Group, PLLC There were no comments or questions from the public... 05:57:00 Motion was made by Sullivan and seconded by Daugs... Questions were asked by Runyon, with responses provided by Public Works& Utilities Director Chat Martin... 06:00:00 M/S/C/U (Sullivan/Daugs) Move to approve the CONSENT AGENDA as presented. GENERAL BUSINESS 6A— REAL ESTATE PURCHASE AND SALE AGREEMENT WITH BREMERTON/STEPHANUS II, LLC (JOHN STEPHANUS) FOR RIGHT OF WAY ON LOWER WHEATON WAY (LWW) PROJECT: Tom Knuckey, City Engineer, explained that in construction of the project, a CenturyLink vault was uncovered on the south side of East 18th Street. Lowering the vault and associated duct bank is possible, but the time required to do so could potentially delay the project. Staff, working with the project design consultant, identified an alternate roadway design that would allow the vault to remain, does not significantly alter the roadway grade, and still allows for large truck and bus turning movements at the intersection with Wheaton Way. The new alignment does require the purchase of 648 square-feet of private property from John Stephanus, which he has agreed to for $2,500. CenturyLink has agreed to reimburse the City for all costs related to this property purchase and re-alignment of the roadway. There were no comments or questions from the public... 06:04:00 Motion was made by Davis and seconded by Daugs... Comments and questions were asked by Davis and Runyon; with responses provided by Mr. Martin... 00:07:00 M/S/C/U (Davis/Daugs) Move to approve the purchase and sale agreement with Bremerton/Stephanus II, LLC (John Stephanus) for the additional right of way for the LWW project and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented, and to further finalize and execute any and all documents necessary to complete the transaction. COUNCIL MEMBER REPORTS Leslie Daugs reiterated information on the "Stand Down for Veterans and Their Families" event that will be held this Saturday from 9:00 AM to 2:00 PM at the Sheridan Park Community Center; invited the community to a Grand Reopening of the Red Apple grocery store at Perry Avenue Mall on Friday, October 3 at 4:00 PM; invited citizens to participate in the District Profile; and offered condolences to the family of Cecil McConnell. Jerry McDonald was pleased to share a video showing the progress at the Evergreen Pointe site near Evergreen Rotary Park. Dino Davis echoed the sentiments to the family of Cecil McConnell and thanked him for his service. Roy Runyon stated that he too will miss Cecil McConnell, and clarified that Columbia Hospitality will run the Gold Mountain Golf store in the mail, and not the City. City Council Reg. Mtg. Minutes Wednesday, October 1, 2014 Page 3 of 3 Eric Younger acknowledged Cecil as his mentor, who was proud of knowing more about the Bremerton City Charter than City Attorney Roger Lubovich! He also expounded on a little of Bremerton's contentious history during the time Cecil was in office, and regrets he never got around to meeting up with Cecil for lunch just one more time. Greq Wheeler acknowledged the newspaper article on Cecil McConnell, and believes it summed him up well. He was also pleased to be attending the PSNA & IMF 2014 Apprentice Graduation Ceremony on Friday; and shared that he attended Harrison Hospital's Community Healthcare Advisory Group yesterday. In closing, several photos were displayed to recognize and honor previous Council Member Cecil McConnell who served the City for 16-years, representing District 2 for 4 full terms from 1996 to 2011. Sadly he passed away on Monday, September 29, 2014 at the age of 84... With no further business, President Wheeler adjourned the Council Meeting at 6:16 PM. Pre red and Submitted b LORI SMITH Legislative Assistant Attest: SHANNON CORIN, City Clerk GREG WHEELER, City Council President GW:SC:is:cg AGENDA BILL co CITY OF BREMERTON CITY COUNCIL SUBJECT: Minutes of Study Session - Study Session Date: N/A October 8, 2014 COUNCIL MEETING Date: October 15, 2014 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: Attached is a summary of the City Council Study Session on October 8, 2014. ATTACHMENTS: Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount): N/A STUDY SESSION AGENDA: 0 No Presentation ❑ Full Presentation STUDY SESSION ACTION: 0 Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the Consent Agenda as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 11/02/12 DIGITAL RECORDING CITY COUNCIL STUDY SESSION MINUTES Wednesday, October 8, 2014 A Study Session of the City Council of the City of Bremerton was called to order in the Council Conference Room of the NORM DICKS GOVERNMENT CENTER, 345 6`h Street, Bremerton, Washington, Wednesday, October 8, 2014, at 5:00 PM, with Council President Greg Wheeler presiding. Council Members present were Eric Younger, Roy Runyon, Dino Davis, Jerry McDonald, Leslie Daugs, and Mike Sullivan; with Lori Smith, Legislative Assistant, present to provide staff support. President Wheeler emphasized that the Study Session was open to the public, but there would be no opportunities for input or participation; no action was anticipated; and announced that approved items by Council will be placed on the October 15, 2014 Council Meeting Agenda; or as indicated. A. NO PRESENTATION PLANNED— The following items are budgeted items or have been reviewed by the appropriate Council Committee... 1. [Quasi-Judicial] Hearing on a resolution to recover fees for abatement costs on the property located at 806 Cherry Court (Public Hearing) 2. Confirm Appointment of Timothy Baker to the Parks & Recreation Commission (Consent Agenda) 3. Confirm Appointment of Caroline Burton to the Parks & Recreation Commission (Consent Agenda) 4. Confirm Appointment of Richard Huddy to the Parks & Recreation Commission (Consent Agenda) 5. Amendment No. 1 to the Professional Services Agreement for Public Defense Services with Cross, LaCross & Murphy, PLLC (Consent Agenda) 6. Purchase of Variable Frequency Drives from L2 Systems, LLC for Water Pump Station #17 (Consent Agenda) 7. Contract with Trane, Inc. for the Wastewater Treatment Plant Phase II Energy Efficiency Project (General Business) 8. Construction Contract for the Biotower Media Replacement Project (Consent Agenda) B. BRIEFINGS & FULL PRESENTATIONS 9. Evaluation and Future of Kitsap Regional Coordinating Council (KRCC)— Robert Gelder, Kitsap County Commissioner(Information Only... Discussion will continue at the October 22 Study Session...) 10. United Way of Kitsap County 2014 Fundraising Campaign —Shannon Corin, City Clerk (Information Only) 11. Kitsap County Human Services 1/10th of 1% Mental Health, Chemical Dependency, and Therapeutic Courts Contract (General Business) C. GENERAL COUNCIL BUSINESS o Audit Committee Briefing (9/25/14 Meeting)— Leslie Daugs, Chair o Public Works Committee Briefing (10/07/14 Meeting) — Dino Davis, Chair o Public Safety & Parks Committee Briefing (10/08/14 Meeting)— Leslie Daugs, Chair o Other General Council Business was also discussed. City Council Study Session Minutes Wednesday, October 8, 2014 Page 2of2 With no further business, President Wheeler adjourned the Council Study Session at 7:00 PM. Prepared and Submitted by: LORI SMITH Legislative Assistant Attest: SHANNON CORIN, City Clerk GREG WHEELER, City Council President GW:SC:ls:cg AGENDA BILL CITY OF BREMERTON CITY COUNCIL ........................................................................................ SUBJECT: Confirm appointment of Timothy Study Session Date: October 8, 2014 Baker to the Parks and Recreation COUNCIL MEETING'Date: October 15, 2014 Commission Department: Executive Presenter: Mayor Lent Phone: (360) 473-5266 SUMMARY: There is a vacancy on the Parks and Recreation Commission due to the expired term of Robert Dollar. It is recommended the vacancy be filled by Timothy Baker. ATTACHMENTS: Timothy Baker's application for appointment is available in the Mayor's office. FISCAL IMPACTS (Include Budgeted Amount): No fiscal impacts. STUDY SESSION AGENDA: © No Presentation ❑ Full Presentation STUDY SESSION ACTION: © Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to confirm the appointment of Timothy Baker on the Bremerton Parks and Recreation Commission. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 11/02/12 AGENDA BILL CITY OF BREMERTON CITY COUNCIL ........................................................................................ SUBJECT: Confirm appointment of Study Session Date: October 8, 2014 Caroline Burton to the Parks and Recreation COUNCIL MEETING Date: October 15, 2014 Commission Department: Executive Presenter: Mayor Lent Phone: (360) 473-5266 SUMMARY: There is a vacancy on the Parks and Recreation Commission due to th resignation of Jeremiah Wiley. It is recommended the vacancy be filled by Caroline Burton. ATTACHMENTS: Caroline Burton's application fo ppointment is available in the Mayor's office. FISCAL IMPACTS (Include Budgeted ount): No fiscal impacts. STUDY SESSION AGEND © No Presentation ❑ Full Presentation STUDY SESSION ACT N: Z Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED OTION: Move to confirm the appointment of Caroline Burton on the Bremerton Parks and Recr tion Commission. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 11/02/12 AGENDA BILL CITY OF BREMERTON CITY COUNCIL ........................................................................................ SUBJECT: Confirm appointment of Richard Study Session Date: October 8, 2014 Huddy to the Parks and Recreation COUNCIL MEETING Date: October 15, 2014 Commission Department: Executive Presenter: Mayor Lent Phone: (360) 473-5266 SUMMARY: There is a vacancy on the Parks and Recreation Commission due to the expired term of John Larson. It is recommended the vacancy be filled by Richard Huddy. ATTACHMENTS: Richard Huddy's application for appointment is available in the Mayor's office. FISCAL IMPACTS (Include Budgeted Amount): No fiscal impacts. STUDY SESSION AGENDA: 0 No Presentation ❑ Full Presentation STUDY SESSION ACTION: 0 Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to confirm the appointment of Richard Huddy on the Bremerton Parks and Recreation Commission. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 11/02/12 AGENDA BILL CITY OF BREMERTON CITY COUNCIL ........................................................................................ SUBJECT: Amendment No. 1 to Study Session Date: October 8, 2014 Professional Services Agreement for Public COUNCIL MEETING Date: October 15, 2014 Defense Services with Cross, LaCross & Department: City Clerk Murphy, PLLC Presenter: Shannon Corin Phone: (360) 473-5323 SUMMARY: The current Professional Services Agreement with Cross, LaCross & Murphy, PLLC expires on October 31, 2014. This amendment will extend the current contract, as written, for an additional 4 years pursuant to an agreement with the City of Bremerton and Cross, LaCross & Murphy, PLLC. All terms from the original Agreement (including compensation) signed on October 23, 2012 will remain the same. ATTACHMENTS: Amendment and Original Contract FISCAL IMPACTS (Include Budgeted Amount): $275,000.00 annually ( $22,916.67 monthly) is included in the current budget. STUDY SESSION AGENDA: 0 No Presentation ❑ Full Presentation STUDY SESSION ACTION: 0 Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve Amendment No. 1 extending the contract with Cross, LaCross & Murphy, LLC for Public Defense Services; 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 Form Updated 01/25/13 AMENDMENT NO. 1 TO AGREEMENT FOR CITY OF BREMERTON PUBLIC DEFENSE SERVICES (Cross,LaCross & Murphy, PLLC) This Amendment No. 1 specifically amends the Agreement for City of Bremerton Public Defense Services ("Agreement") entered into by and between the City of Bremerton ("City"), a Washington municipal corporation and Cross, LaCross & Murphy, PLLC, a Professional Limited Liability Corporation("Public Defender") on October 23, 2012. WHEREAS, the City and Public Defender have entered into an Agreement for the provision of public defense services; and WHEREAS, the City and Public Defender now desire to extend the term of the Agreement for an additional four years; NOW, THEREFORE, in consideration of the mutual benefits to be derived, the promises and covenants contained herein, and other good and valuable consideration, the parties agree as follows: I. SECTION 3. TERM of the Agreement is amended as follows: The term of the Agreement is extended for an additional four years by extending the date of termination from October 31, 2014 to October 31, 2018, unless extended or terminated earlier pursuant to the terms and conditions of the Agreement. II. All provisions in the Agreement shall remain in full force and effect except as expressly modified by this document. IN WITNESS WHEREOF, the parties have executed this Amendment No. 1 to Agreement on the day and year fully executed below. CITY OF BREMERTON CROSS,LACROSS & MURPHY, PLLC PATTY LENT, MAYOR JOHN L. CROSS, MANAGING PARTNER Date: Date: APPROVED AS TO FORM: Roger A. Lubovich, City Attorney R Tegal"LegaffilesTurrent Active FilesTublic Defender ContractsTublic Defender 2014 Amend 1-Final.doc 1 Public Defense Services- 2014 Amendment AGREEMENT FOR CITY OF BREMERTON PUBLIC DEFENSE SERVICES Cross,LaCross&Murphy,PLLC This Agreement is made and entered into by and between the City of Bremerton("the City"),a Washington municipal corporation and Cross,LaCross&Murphy,PLLC,a Professional Limited Liability Corporation("Public Defender"),whose address is 559 Bay Street Port Orchard,Washington 98366 WHEREAS,the City desires to have legal services,as described in this Agreement, performed for indigent persons legally entitled to appointed representation in the City of Bremerton,by Public Defender as an independent contractor,and WHEREAS,the City and the Public Defender agree that any and all funds provided pursuant to flus Agreement are provided for the sole purpose of provision of legal services to indigent persons prosecuted with crines in Bremerton Municipal Court, NOW,THEREFORE, in consideration of the mutual benefits to be derived,the promises and covenants contained herem,and other good and valuable consideration,the parties agree as follows SECTION 1: DEFINITIONS A Case Assignment A case assignment is that particular case assigned by the Bremerton Municipal Court B Case Credit Case credit is a non-weighted case assignment C gft. City is the City of Bremerton D Client An indigent person who has been assigned to the Public Defender by the Bremerton Municipal Court E Completed Case A completed case involves all necessary legal action from arraignment through the end ofjunsdiction.This includes the filing of a notice of appeal upon the client's request,application to proceed in forma paupens on appeal,and a motion for appointment of appellate counsel but does not include the actual representation on appeal. F Contract Admunstrator: Contract Administrator is the City of Bremerton Municipal Court Administration G Court Court is the Municipal Court of Bremerton. H Criminal Case A case is any one charge or series of related charges under one cause number filed against one defendant/respondent. , 1 Public Defense Services I Criminal Case Disposition. The case assignment remains in effect to the end of jurisdiction of the case and shall include the filing of an appeal,if applicable J Discovery- Discovery consists of those reports,letters,memorandums,after-action reports,incidents reports,witness statements,officers' statements,expert witness reports which the City Prosecutor is obligated to provide on a continuing basis under the City or State code and pursuant to the State and Federal Constitutional requirements K Legal Service Legal service is legal representation provided by a licensed attorney and associated paraprofessional staff to an individual client,pursuant to a case assignment or court appointment The attorney will be required by the Public Defender to satisfy the Code of Professional Responsibility,the law of the State of Washington and the United States in the full discharge of the duties to each individual client under this Agreement L Indigent Defendant An indigent defendant is a person determined indigent by the Court, as being eligible for a court-appointed attorney,pursuant to RCW 10.101 M Mayor Mayor is the Mayor of Bremerton or designee N Misdemeanor Practice Area 1 Misdemeanor Case: Any criminal case filed by the Bremerton City Attorney or designee in Bremerton Municipal Court whether a misdemeanor or a gross misdemeanor 2 Misdemeanor Appeal: A misdemeanor appeal involves filing the notice of appeal,if necessary,perfecting the record following the filing of the notice of appeal,preparation of the transcript pursuant to Rule 6 3a RALJ,preparing such briefs and memoranda as are required,arguing the case in Superior Court,and handling such paperwork as the Superior Court's decision and orders direct 3 Misdemeanor Writ A writ involves filing notice,perfecting the record,preparing such briefs and memoranda as required,arguing the case in Superior Court and handling such paperwork as the Superior Court's decision and orders direct O Paraprofessional Staff Investigators,social workers and paralegals P Public Defender The Public Defender is Cross,LaCross and Murphy,PLLC SECTION 2: PUBLIC DEFENSE STANDARDS The City adopts the following standards for the delivery of Public Defense Services,pursuant to RCW 10.101 030 A Compensation of Counsel Compensation of counsel shall be in accordance with the provisions set forth in sections 4 and 6 of this agreement. B Duties and Responsibilities of Counsel The duties and responsibilities of counsel shall be in accordance with this agreement 2 Public Defense Services C Caseload Limits. Public Defender will accept all caseloads for Bremerton misdemeanor cases,except cases in which there is a conflict of interest,and following six to eight months after the beginning of the term of this Agreement, shall review the case assignments with the City to evaluate and establish caseload limits,whether on a weighted basis or not,to meet the new case limit requirements set forth in Exhibit A. Case assignments are anticipated to exceed 800 non- weighted cases per year D Responsibility for Expert Witness and Investigator Fees After approval by the Court, expert witness and investigator fees will be paid by the City E Attorneys and Staff The Public Defender shall provide,at a minimum,two full-time attorneys and one full-tune paraprofessional staff person to provide services pursuant to this Agreement F. Supervision The Public Defender shall provide supervising attorneys at the following standards one supervisor for every two attorneys. Supervisors shall ensure all new associates have been properly trained and are prepared to appear at the Bremerton Municipal Court and shall appear in court to assist in training of new associates as necessary. G New Standards The Public Defender shall comply with the new standards for Indigent Defense adopted by the Washington State Supreme Court by order dated June 15,2012,attached hereto as Exhibit A and incorporated herein by this reference. SECTION 3: TERM This Agreement shall commence on the first(1 st)day of November 2012 and terminate the. thirty-fust(31th)day of October 2014 unless extended or terminated earher pursuant to the terms and conditions of this Agreement SECTION 4: SCOPE OF WORK A R=ose The purpose of this agreement is to provide legal services through effective assistance of counsel to indigent persons Legal services shall be statutorily and constitutionally based B Professional Conduct. 1 ' The Public Defender shall provide the services of attorneys and staff members in compliance with all of the applicable laws and administrative regulations of the State of Washington,the United States,Bremerton Municipal Code,and the Washington State Rules for Professional Conduct(RPC) - 2 Nothing in this Agreement shall be construed to unpair or inhibit the exercise of independent,professional judgment by an attorney employed by the Public Defender with respect to any client wherein an attorney-client relationship has been established pursuant to the terms of this Agreement 3 Nothing in this Agreement shall require or permit,without the consent of the client,access to or disclosure of any confidential communication made by a client to any attorney employed by the Public Defender or any such confidential communications made to 3 Public Defense Services agents or employees of the Public Defender for such attorney,the advice given by an attorney to a client,or any other statements and materials privileged from disclosure in a court of law 4 Attorneys and staff employed by the Public Defender shall not solicit or accept any compensation,gifts,gratuities or services from any client C Eligible Population The population served shall be indigent persons legally entitled to appointed legal services in Bremerton Municipal Court,as assigned by the Court. D Case Assignment The Public Defender shall accept all case assignments,except for cases in winch there is a conflict of interest or other related issue that would prevent the Public Defender from accepting assignment of the case E Conflicts The Public Defender reserves the right to decline to advise or represent any client on the basis of actual legal,ethical,or professional conflict of interest The Public Defender shall be responsible for checking for conflicts and identifying if a conflict exists.The Public Defender shall have a written policy which explains how they define conflict cases.This policy must be approved by the Contract Administrator The Public Defender shall perform a conflicts check before any substantial work is done on the case F Duties and Responsibilities of the Public Defender In order to perform its responsibilities under the Agreement,the Public Defender shall have the power and duty to 1 Hire all Public Defender personnel, 2 Provide fiscal management;establish compensation of personnel;maintain payroll records and provide payments for all personnel including withholding of income taxes, payment of social security taxes,payment of worker compensation and industrial insurance taxes (where applicable),and fringe benefits, 3 Supervise and maintain the quality of staff and services received or performed, and provide internal evaluation sessions as necessary, 4 Suspend,remove,or terminate personnel not adequately performing the duties and responsibilities assigned,engaging in or condoning misconduct,or whose conduct or continued performance of duties is detrimental to the Public Defender program, 5 Accept and represent all cases and clients officially referred by the Court unless withdrawal from such representation is allowed in accordance with provisions as stated above, 6 In the event that tins Agreement is terminated or not renewed,the Public Defender shall continue to provide services pursuant to this Agreement for three(3)months after the termination date Public Defender shall not be assigned any new cases,however,Public Defender shall attempt to complete the representation of all clients who have been referred by the Court during the period in which the Agreement is in effect for the compensation received or receivable under the terms of the Agreement,provided that completed representation is not made impossible by a client's failure to appear 4 Public Defense Services G Duties and Responsibilities of Public Defender Attorneys In order to perform their duties under this Agreement,staff attorneys of the Public Defender shall 1 Counsel and represent in all ensuing criminal proceedings before appeal those clients who are officially referred by the Court. Such services include,but are not lunited to preparation for and representation of the client at the pretrial hearings,trial and at sentencing hearings or any other related proceedings 2 Appear at all in-custody and arraignment calendars 3 Counsel clients with regard to their rights to appellate review and file any necessary notice for appellate review when requested by a client SECTION 5: PERFORMANCE AND QUALIFICATIONS A Practice Standards and Records 1. The Public Defender shall ensure that all attorneys,paraprofessional staff and supervisors shall maintain contemporaneous records of all legal services provided on a specific case The records shall provide a factual description of the work done and shall be sufficiently detailed to allow monitoring of legal service activity by the Contract Administrator,subject to any ethical obligations of the Public Defender. 2 Upon closing a case,all attorney,paraprofessional and supervisor files associated with the case shall be cross referenced and accessible as a whole for monitoring by the Contract Administrator,subject to any ethical obligations of the Public Defender 3 The Public Defender shall establish practice standards to address the following substantive areas of Agreement compliance The practice standards shall set objective expectations for each position and shall be measurable by objective means With each practice standard,the Public Defender shall include a procedure for monitoring compliance with the standard Written practice standards are due to the Contract Administrator annually. Practice standards should address the following areas. a Attorney practice,including but not limited to, i Lawyer-client relationship,initial case actions,investigation and preparation,preliminary hearings,disposition without trial;trial, post conviction or fact finding and any other areas of attorney practice deemed appropriate by Public Defender ii Attorney use of paraprofessionals and expert service b Paraprofessional practice C Supervision of attorneys and paraprofessionals. 4 The Public Defender agrees that,within available resources,reasonable efforts will be made by the Public Defender to keep the initial attorney assigned to a client throughout any case in winch representation is undertaken The Public Defender is not prohibited from rotating attorneys or from assigning a single attorney to handle various aspects of legal 5 Public Defense Services proceedings for all indigent persons where such method of assignment is the most reasonable method of obtaining effective legal representation for indigent persons. 5 A member of the Public Defender staff shall visit any assigned in-custody criminal defendant and obtain basic contact and other fundamental intake information for a bond hearing within one(1)working day from notification to the Public Defender of the assignment of the case and the in-custody status of the client. This provision applies to clients in custody at any facility within Kntsap County 6 The Public Defender attorneys shall attempt to make contact with all assigned clients within five(5)working days from a case assignment or no later than the day prior to the first pretrial hearing whichever comes first 7 The Bremerton City Attorney's Office or designee is responsible for making a copy of discovery available to the Public Defender. The Public Defender shall request discovery as soon as possible after case assignment but no later than three(3)business days of the assignment,whether initial or subsequent,on any case The Public Defender shall obtain a copy of discovery at arraignment if available The Public Defender agrees that discovery may be provided in electronic format 8. Discovery shall be reviewed within five(5)days after receipt for purposes of determining any conflicts of interest. The Public Defender shall notify the Contract Administrator immediately of any conflict of interest as defined by the Washington State Rules of Professional Conduct. The Public Defender shall provide the Contract Administrator with a written explanation stating the basis for the conflict in its notification, in addition to the required oral or written request to withdraw presented to the court 9 The Public Defender shall establish and enforce policies and procedures to ensure that attorney time and other Defender resources funded by this Agreement shall only be used for work which is authorized by tins Agreement 10 The Public Defender shall ensure that a preliminary written response to any written complaints concerning services provided by the employees of the Defender or the Defender itself shall be submitted to the Contract Administrator within three(3)working days of the date the complaint is received by the Public Defender Written complaints include e-mail communications from the Contract Administrator. The Contract Administrator shall copy the supervising attorney on any complaints sent to the Public Defender 11 The Public Defender shall establish policies and procedures for pro-bono work provided by staff of the Public Defender These policies and procedures shall assure that any such pro bono work is not provided to the exclusion or detriment of legal services that are the subject of this Agreement 12 The Public Defender or his attorneys shall not provide transportation to any client assigned to the public defender pursuant to this Agreement 6 Public Defense Services . B. Minimum Attomey Qualifications 1 Every attorney providing indigent defense services must be a licensed member of the Washington State Bar and be a member in good standing of the Bar. 2 Every Public Defender attorney shall satisfy the minimum requirements for practicing law in Washington as determined by the Washington Supreme Court,seven(7)hours of each year's required continuing legal education credits shall be in courses relating to criminal law practice or other areas of law in which the Public Defender provides legal services to clients under the terms of this Agreement or as otherwise required by the Washington State Office of Public Defense. The Public Defender will maintain for inspection on its premises records of compliance with this provision 3 The Public Defender may employ interns pursuant to Admission to Practice Rule (APR)9 No more than 5%of the cases handled by the Public Defender may be assigned to Rule 9 interns However,Rule 9 interns may not be used to supplant the services of an attorney assigned by the Public Defender to perform the services of this Agreement 4 The Public Defender attorneys who supervise the misdemeanor attorneys must have at least three years of criminal defense experience in superior,district or municipal courts in Washington State. 5 Unless prior written approval has been granted by the Contract Administrator,no attorney may provide services under this Agreement if that attorney has been removed from representation in a case for failure to perform basic services necessary to the case or to the client, or in any manner has been found to be ineffective on appeal by either an ethics panel or by an appellate court I C Evaluations The Public Defender Supervisor,or his/her designee,shall evaluate the professional performance of Public Defender attorneys and paraprofessional staff annually. Attorney evaluations should include monitoring of time and caseload records,review of case files,quality of case preparation, as well as in-court observation. Paraprofessional evaluations shall be sufficiently comprehensive to assess the quality of the actual work performed The Contractor shall submit to the City a summary report of the annual attorney performance evaluations. The Contractor shall make available to the City its evaluation criteria and evidence evaluations were conducted,although all evaluations are to be confidential between the Contractor's director and the Contractor attorney I SECTION 6: PAYMENT A. The City shall pay the Public Defender for the services as specified in Section 4, Scope of Work,in the amount not to exceed$275,000 00 annually Payments will be made in equal monthly payments ++ I B The City will pay the Public Defender by the thirtieth(30)working day of the following month 7 Public Defense Services C - In the event of failure to comply with any items and conditions of this Agreement or to provide in any manner the work or services as agreed to herein,the City reserves the right to withhold any payment until the City is satisfied that corrective action has been taken or completed. This option is in addition to and not in lieu of the City's right to termination as provided in Section 13 of this Agreement. SECTION 7: REPORTING REQUIREMENTS Case Management System The Public Defender will use a case management system that will allow them to file the reports described below. Reporting The Public Defender will provide the Contract Administrator monthly reports within twenty(20)working days after the close'of each calendar month in acceptable format as follows Report Title Due Date Monthly Court activity reports including Monthly(by 20th day of the following month) attorney assignments and hearings held Year end reports,additional summaries,other Vanes reports or documents as requested by the Contract Administrator with reasonable notice These reports must contain • Defendant's name • Cause number(s) • Criminal charges filed • Disposition of each charge • Number of court hearings • Defendant's jail custody status prior to sentencing • Bench Trial,Jury Trial,Plea or Dismissal • Attorney(s)name(s) • Date case assigned • Hours spent by attorney The City of Bremerton,or any of its duly authorized representatives,shall have access to any such books,records and documents for inspection,audit and copying The report is due on or before the twentieth(20th)day of the following month for services of the prior month Payment may be withheld if reports are not submitted on time. The Public Defender will immediately notify the Contract Administrator in writing when it becomes aware that a complaint lodged with the Bar Association has resulted in reprimand, suspension,or disbarment of an attorney providing services under this Agreement. 8 Public Defense Services SECTION 8: ADDRESSES FOR NOTICES AND DELIVERABLE MATERIALS All official notices under this Agreement shall be delivered to the following addresses(or such other address(es)as either party may designate in writing)- If to City: CijX Clerk City of Bremerton 345 a Street,Suite 600 Bremerton,WA 98337 (360)473-5323 If to the Public Defender: John Cross Cross,LaCross&Murphy,PLLC 559 Bay Street Port Orchard,WA 98366 SECTION 9: OTHER EMPLOYMENT The Public Defender agrees that its legal staff assigned to the Bremerton Municipal Court shall have as their primary employment representation of indigent clients in Bremerton Municipal Court The Public Defender further agrees that it will abide by all provisions of this Agreement regarding Personal Performance of this Agreement. SECTION 10: CORRECTIVE ACTION If the City believes that a breach of thus Agreement has occurred,and if the City believes said breach to warrant corrective action,the following sequential procedure shall apply A The City will notify the Public Defender in writing of the nature of the breach, B The Public Defender shall respond in writing within three(3)working days of its receipt of such notification,which response shall indicate the steps being taken to correct the specified deficiencies,and the proposed completion date for bringing its performance under this the Agreement into compliance,which date shall not be more than ten(10)working days from the date of the Public Defender's response, C The City will notify the Public Defender in writing of the City's determination as to the sufficiency of the Public Defender's corrective action plan The determination of the sufficiency of the Public Defender's corrective action plan will be at the sole discretion of the City;however, the City's determination of the sufficiency of the Public Defender's corrective action plan shall take into consideration the reasonableness of the proposed corrective action,in light of the alleged breach In all cases where corrective action is determined by the City to be appropriate, the City shall work with the Public Defender to implement the plan, D In the event that the Public Defender does not respond within the appropriate time with the corrective action plan,or the Public Defender's corrective action plan is determined by the 9 Public Defense Services City to be insufficient,the City may commence termination of this Agreement in whole or in part pursuant to Section 11 (B)Termination and Suspension, E In addition,the City may withhold any payment owed the Public Defender and/or prohibit the Public Defender from incurring additional obligations of funds until the City is satisfied the corrective action has been taken or completed,and F Nothing herein shall be deemed to affect or waive any rights the parties may have pursuant to Section 11 Termination and Suspension SECTION 11: TERMINATION AND SUSPENSION A. Either party may terminate this Agreement for convenience upon one hundred twenty (120)days prior written notice B The City may terminate this Agreement in whole or in part upon ten(10)days'written notice to the Public Defender in the event• 1. The Public Defender substantially breaches any duty,obligation,or service required pursuant to this Agreement;or 2 The duties,obligations,or services herein become impossible,illegal,or not feasible,or 3 The City determines that the Public Defender Services are no longer necessary Before the City terminates this Agreement pursuant to subsection 1 I(B),the City shall provide the Public Defender written notice of termination,which notice shall include the reasons for termination and the effective date of tennmation The Public Defender shall have the opportunity to submit a written response to the City within(10)working days from the date of the City's notice If the Public Defender elects to submit a written response,the Contract Administrator will review the response and make a determination within ten(10)days after receipt of the Public Defender's response In the event this Agreement is terminated in whole or in part pursuant to Subsection B(1)of this Section,the Public Defender shall be liable for damages, including the reasonable costs of the procurement of sirnilar services from another source unless it is determined by the Contract Administrator that(r)no default actually occurred,or(n)the failure to perform was without the Public Defender's control,fault or negligence C Otherwise,this Agreement shall terminate on the date specified herein,and shall be subject to extension only by mutual agreement of both parties hereto in writing. D. Nothing herein shall be deemed to constitute a waiver by either party of any legal right or remedy for wrongful termination or suspension of the Agreement. 10 Public Defense Services E In the event of termination,suspension,or non-renewal of this Agreement,all cases not required to be completed by the Public Defender shall be returned to the Contract Admimstrator for reassignment. SECTION 12: DISPUTES(OTHER THAN SUSPENSION OR TERMNATION) The Public Defender shall address questions or claims regarding meaning and intent of the Agreement or ansing from this Agreement in writing to the City Clerk,within ten(10)calendar days of the date in which the Public Defender knows or should know of the question or claim The City will ordinarily respond to the Public Defender in writing with a decision,but absent such written response,the question or claim shall be deemed denied upon the thirtieth day following receipt by the City SECTION 13: EQUAL EMPLOYMENT OPPORTUNITY The Public Defender shall not discriminate against any employee or applicant for employment because of race,religion,creed,age,color,sex,marital status,sexual orientation,gender identity, political ideology,ancestry,national origin,or the presence of any sensory,mental or physical handicap,unless based upon a bona fide occupational qualification. SECTION 14 OTHER LEGAL REQUIREMENTS A General Requirement The Public Defender,at no expense to the City,shall comply with all applicable laws of the United States and the State of Washington;the Charter and ordinances of The City of Bremerton;and rules,regulations,orders,and directives of their administrative agencies and the officers thereof. Without limiting the generality of this paragraph,the Public Defender shall specifically comply with the following requirements of this section. B Licenses and Similar Authonzations The Public Defender,at no expense to the City, shall secure and maintain in full force and effect during the tern of this Agreement all required licenses,permits,and similar legal authorizations,and comply with all requirements thereof. SECTION 15: INDEMNIFICATION The Public Defender does hereby release and shall defend,indemnify,and hold the City and its employees and agents harmless from all losses,liabilities,claims(including claims ansing under federal,state or local environmental laws),costs(including attorneys' fees),actions or damages of any sort whatsoever ansing out of the Public Defender's performance of the services contemplated by this Contract to the extent attributable to the acts or omissions,misconduct or breach of this Agreement by the Public Defender,its servants,agents,and employees In furtherance of these obligations,and only with respect to the City,its employees and agents,the Public Defender waives any immunity it may have or limitation on the amount or type of damages imposed under any industrial insurance,worker's compensation,disability,employee benefit or similar laws. The Public Defender acknowledges that the foregoing waiver of immunity was mutually negotiated and agrees that the indemnification provided for in flus section shall survive any termination or expiration of flus Agreement. 11 Public Defense Services SECTION 16: INSURANCE A. Insurance certification required. The Public Defender must carry the following coverages and limits of liability: (1) Professional Liability(Errors,and Omissions)for attorneys with a mmimum limit of liability of$1,000,000 each claim (2) Workers' Compensation per statutory requirements of the Washington industrial insurance RCW Title 51 SECTION 17: ESTABLISIVENT AND MAINTENANCE OF RECORDS A All records required under this Agreement shall be maintained for a period of(6)years after termination hereof unless permission to destroy them is granted by the Office of the Archivist in accordance with RCW Chapter 4014 B Willful failure to maintain or produce records or other required documentation during the time for maintenance of records may result in specific,related costs being disallowed In the event the City has reason to believe that such a failure exists,notice shall be given to the Public Defender and the Public Defender shall respond in writing.The time for notification and response shall be the same as set forth in Section I I (A) SECTION 18: AUDITS,RECORDS,AND ANNUAL FINANCIAL STATEMENTS A The Public Defender must ensure that the City has full access to materials necessary to verify compliance with all terms of this Agreement. At any time,upon reasonable notice during business hours and as often as the City may deem necessary for a period of six(6)years,the Public Defender shall provide to the City right of access to its facilities,including those of any subcontractor,data,and other data relating to all matters covered by this Agreement Provided that if any such data,records or materials are subject to any privilege or rules of confidentiality the Public Defender must maintain such data in a form or manner to provide same to the City that will not breach such confidentiality or privilege. The Public Defender shall maintain such data and records in an accessible location and condition for a period of not less than six(6)years following the receipt of final payment under this Agreement,unless the City agrees in writing to an earlier disposition. The Public Defender agrees to cooperate with the City or its agent in the evaluation of the Public Defender's performance under this Agreement and to make available all information reasonably required by any such evaluation process or ongomg reporting requirements established by the City The results and records of said evaluations and reports shall be maintained and disclosed in accordance with RCW Chapter 4217 Notwithstanding any of the above provisions of this paragraph,all Constitutional,statutory, and common law rights and privileges of any indigent client are not waived Provided further that nothing in this section shall require the disclosure of the names of any client represented pursuant to RCW 13 34 et seq,or RCW 71.02 et seq,or RCW 7105 et seq 12 Public Defense Services B All such reports as are required under the terms of this Agreement shall be submitted to the City via electronic media(e-mail attachment or diskette)within the time luruts for each report SECTION 19: CONTRACTUAL RELATIONSHIP The relationship of the Public Defender to the City by reason of this Agreement shall be that of an independent contractor This Agreement does not authorize the Public Defender to act as the agent or legal representative of the City for any purpose whatsoever and neither the Public Defender nor its employees shall be deemed employees of the City. The Public Defender is not granted any express or implied right or authority to assume or create any obligation or responsibility on behalf of or in the name of the City or to bind the City in any manner or thing whatsoever. It is expressly understood and agreed that the Public Defender and the Public Defender's employees shall in no event be entitled to any benefits to which City employees are entitled,including,but not limited to overtime,any retirement benefits,worker's compensation benefits,and injury leave or leave benefits. The Public Defender shall complete this Agreement according to the Public Defender's own means and methods of work,which shall be in the exclusive charge and control of the Public Defender and winch shall not be subject to control or supervision by the City,except such requirements for performance as are specified in this Agreement. The Public Defender agrees that it has secured or will secure at the Public Defender's own expense,all persons,employees,and equipment required to perform the services contemplated/required under this Agreement. SECTION 20: ASSIGNMENT AND SUBCONTRACTING The Public Defender shall not assign or subcontract any of its obligations under this Agreement without the City's wntten consent,which may be granted or withheld in the City's sole discretion Said consent must be sought in writing by the Public Defender not less than fifteen (15)days prior to the date of any proposed assignment Any subcontract made by the Public Defender shall incorporate by reference all the terns of this Agreement The Public Defender shall ensure that all subcontractors comply with the obligations and requirements of the subcontract The City's consent to any assignment or subcontract shall not release the Public Defender from liability under this Agreement,or from any obligation to be performed under this Contract,whether occurring before or after such consent,assignment,or subcontract SECTION 21: INVOLVEMENT OF FORMER CITY EMPLOYEES A The Public Defender shall promptly notify the City in writing of any person who is expected to perforin any of the Work funded by this Agreement and who,during the twelve(12) months immediately prior to the expected commencement date of such work or subcontract,was a City officer or employee 13 Public Defense Services B. The Public Defender shall ensure that no Work or matter related to the Work funded by this Agreement is performed by any person(employee,subcontractor,or otherwise)who (1) was a City officer or employee within'the past twelve(12)months;and (2) as such was officially involved in,participated m,or acted upon any matter related to the Work SECTION 22: NO CONFLICT OF INTEREST The Public Defender confirms that the Public Defender does not have a business interest or a close family relationship with any City officer or employee who was,is,or will be involved in the Public Defender selection,negotiation,drafting,signing,administration,or evaluating the Public Defender's performance. As used in this section,the term "Public Defender"shall include any employee of the Public Defender who was,is,or will be involved in the negotiation, drafting,signing,administration,or performance of the Agreement. As used in this section,the term"close family relationship"refers to the following spouse or domestic partner;any dependent parent,parent-in-law,child,son-in-law,or daughter-in-law;or any parent,parent-m- law,sibling,uncle,aunt,cousin,mece or nephew residing in the household of a City officer or employee described above. SECTION 23: ERRORS&OMISSIONS; CORRECTION The Public Defender shall be responsible for the professional quality of all services furnished by or on the behalf of the Public Defender under this Agreement. The Public Defender,without additional compensation,shall correct or revise any Public Defender services immediately upon nobfication by the City The obligation provided for in this section with respect to any acts or omissions during the term of this Agreement shall survive any termination or expiration of this Agreement SECTION 24: CONFIDENTIALITY The parties agree that they will not permit the duplication or disclosure of any information designated in advance by the other party as"Confidential and Proprietary"to any person(other than its own employee,agent,or representative who must have such information for the performance of that party's obligations hereunder)unless such duplication,use or disclosure is specifically authorized in writing by the other party or is required by law. "Confidential and Proprietary"information does not include ideas,concepts,know-how or techniques related to information that,at the time of disclosure,is in the public domain unless the entry of that information into the public domain is a result of any breach of tins Agreement. Likewise, "Confidential and Proprietary"information does not apply to information that is independently developed,already possessed without obligation of confidentiality,or rightfully obtained from a third party without an obligation of confidentiality SECTION 25: EXTRA WORK The City may desire to have the Public Defender perform work or render services in connection with tins project other than that expressly provided for in the "Scope of Work" section of this Agreement. This will be considered extra work, supplemental to this Agreement,and shall not 14 Public Defense Services proceed unless authorized by an amendment Any costs incurred due to the performance of extra work prior to execution of an amendment will not be reimbursed under this Agreement or an amendment SECTION 26: MISCELLANEOUS PROVISIONS A Amendments- No modification of this Agreement shall be effective unless in writing and signed by an authorized representative of each of the parties hereto B Binding Agreement This Agreement shall not be binding until signed by both parties The provisions,covenants and conditions in this Agreement shall bind the parties,their legal heirs,representatives,successors,and assigns. C Applicable Law/Venue: This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington. The venue of any action brought hereunder shall be in the Superior Court for Kitsap County D Remedies Cumulative: Rights under this Agreement are cumulative and nonexclusive of any other remedy at law or in equity. E Captions The titles of sections are for convenience only and do not define or limit the contents F Severability If any term or provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable,the remainder of this Agreement shall not be affected thereby,and each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law G Waiver. No covenant,term or condition or the breach thereof shall be deemed waived, except by written consent of the party against whom the waiver is claimed,and any waiver of the breach of any covenant,term or condition shall not be deemed to be a waiver of any preceding or succeeding breach of the same or any other covenant,term or condition. Neither the acceptance by the City of any performance by the Public Defender after the time the same shall have become due nor payment to the Public Defender for any portion of the Work shall constitute a waiver by the City of the breach or default of any covenant,term or condition unless otherwise expressly agreed to by the City,in writing H Entire Agreement This document,along with any exhibits and attachments,constitutes the entire Agreement between the parties with respect to the Work. No verbal agreement or conversation between any officer,agent,associate or employee of the City and any officer, Public Defender,employee or associate of the Public Defender prior to the execution of this Agreement shall affect or modify any of the terms or obligations contained in this Agreement. I. Negotiated Agreement: The parties acknowledge that this is a negotiated agreement,that they have had the opportunity to have this Agreement reviewed by their respective legal counsel, and that the terms and conditions of this Agreement are not to be construed against any party on the basis of such party's draftsmanship thereof 15 Public Defense Services J. Political Activity Prohibited- None of the funds,materials,property,or services provided directly or indirectly under this Agreement shall be used in the performance of this Agreement for any partisan political activity or to further the election or defeat of any candidate for public office K Security Access- City shall provide Public Defender three(3)access codes for entry into the court facility after hours,except that the Public Defender shall provide the names of those individuals who will use the access codes. L Parking City shall provide up to four(4)parking spaces as needed near the Municipal Court for Public Defender Staff. IN WITNESS WHEREOF,in consideration of the terms,conditions,and covenants contained herein,or attached and incorporated and made a part hereof,the parties have executed this Agreement by having their representatives affix their signatures below. CITY OF BREMERTON ACR SS HY,PLLC PATTY L ,MA OR y: Its. Date Date- AS TO FO er A Lubovich,City Attom R U egalXl egalTiles\Current Acti ileslPublic Defender ContractsTubhc Defender 2012-Final 10-19-12 doc 16 Public Defense Services AGENDA BILL 414 CITY OF BREMERTON CITY COUNCIL SUBJECT: Purchase of Variable Frequency Study Session Date: October 8, 2014 Drives from L2 Systems, LLC for Water COUNCIL MEETING Date: October 15, 2014 Pump Station #17 Department: PW&U Presenter: Kathleen Cahall Phone: (360) 473-2315 SUMMARY: The existing motor controllers at water Pump Station #17 are over 20 years old, have had multiple failures, are difficult to work on, and the small control relays are no longer available. This project proposes to install variable frequency drives (VFDs) in place of the three motor controllers. VFDs are a proven technology used in many locations throughout the City and will allow motor speed and flow to be controlled in an energy-efficient manner. ATTACHMENTS: Staff memo FISCAL IMPACTS (Include Budgeted Amount): This purchase of $26,329.31 for the VFDs is budgeted in the 2014 Water Utility Capital Budget. STUDY SESSION AGENDA: 0 No Presentation ❑ Full Presentation STUDY SESSION ACTION: 0 Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Approve the purchase of Variable Frequency Drives from L2 Systems, LLC in the amount of $26,329.31 including sales tax. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/25/13 To: Bremerton City Council From: Chal Martin, Public Works Director Date: September 22, 2014 RE: Replacement of Water Pump Station 17 Motor Controllers with Variable Frequency Drives Motor controllers are the means for starting and stopping motors, regulating motor speed, regulating or limiting the torque, and protecting against overloads and faults. The existing motor controllers at water Pump Station 17 are over 20 years old and have had more failures than any other motor controller in the water system.They are difficult to work on, are undersized, and the small control relays are no longer available. The next step would be to replace all the control relays or I © use another method to control the pump motors. This project proposes to install variable frequency drives -3i (VFDs) in place of the three motor controllers.VFDs are _• a , used in many locations throughout the City of Bremerton " and are a proven technology.The VFDs will simplify troubleshooting and will allow the motor speed and flow to be controlled in an energy-efficient manner. Bremerton has standardized on Allen Bradley control components to simplify parts inventory, repairs, integration, asset management, and future upgrades. North Coast Electric is the local authorized Allen Bradley dealer. We received bids directly from North Coast and also from our integrator, L2 Systems (who purchases from North Coast and passes some of their discount on to the City): North Coast Electric$27,366.31 including tax L2 Systems $26,329.31 including tax Existing PS 17 Control Relays T We propose purchasing from L2 Systems for$26,329.31 Proposed VFD Replacement Installation will be performed by City Crews. This project is budgeted in the annual Water Resources Misc. Capital budget. Power,':1g( AGENDA BILL CITY OF BREMERTON CITY COUNCIL ........................................................................................ SUBJECT: Construction Contract with Study Session Date: October 8, 2014 Stellar J for the Biotower Media COUNCIL MEETING Date: October 15, 2014 Replacement Project Department: PW&U/WWTP Presenter: Pat Coxon Phone: (360) 473-5448 SUMMARY: The existing redwood media in the Biotower process (trickling filter) has failed, and needs to be replaced with new plastic media. The scope of this work encompasses the demolition of the existing media in the Biotower, and the installation of the new plastic media and media support system which also includes piping and duct work. The Engineers (Parametrix) estimate for this work is $1.3 Million. Three (3) bids were received for this project. Stellar J was lowest, responsive responsible bidder with a bid of $1,173,470.85 including sales tax. ATTACHMENTS: Agreement, Summary of Work, and the Bid Tally Sheet. FISCAL IMPACTS (Include Budgeted Amount): The Biotower Media Replacement Project is budgeted through the Wastewater Capital Improvement Program (CIP), and has a budget of $1,700,000. STUDY SESSION AGENDA: 0 No Presentation ❑ Full Presentation STUDY SESSION ACTION: 0 Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the submitted bid proposal from Stellar J, in the amount of$1,173,470.85 including sales tax for the Biotower Media Replacement Project, 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 Form Updated 01/25/13 R !` AGREEMENT SECTION 00500 THIS AGREEMENT is dated the day of in the year 2014 by and between City of Bremerton (hereinafter called OWNER)and (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1.WORK. CONTRACTOR shall complete the WORK as specified or indicated in the OWNER's Contract Documents entitled WESTSIDE WASTEWATER TREATMENT PLANT BIOTOWER IMPROVEMENTS. ARTICLE 2..CONTRACT TIMES. Substantial Completion for the WORK must be achieved within the days established in Spec'rfication 01010, "Summary of Work,"from the date as provided in paragraph 2.03 of the General Conditions.Final Completion and Acceptance of the Work must be achieved within the days established in Specification 01010,"Summary of Work." ARTICLE 3. LIQUIDATED DAMAGES. OWNER and the CONTRACTOR recognize that time is of the essence of this Agreement and that the OWNER will suffer financial loss if the WORK is not completed within the time spedied in Article 2 herein, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions and Supplementary Conditions. They also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by the OWNER N the WORK is not completed on time. Accordingly, instead of requiring any such proof, the OWNER and the CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) the CONTRACTOR shall pay the OWNER $1,200 for each day that expires after the time specified in Article 2. ARTICLE 4.CONTRACT PRICE. OWNER shall pay CONTRACTOR for completion of the WORK in accordance with the Contract Documents in current funds the amount set forth in the Bid Schedule(s). (Contractor Initials) AGREEMENT WESTSIDE WASTEWATER TREATMENT PLANT BIOTOWER IMPROVEMENTS 00500-1 JULY 2014 ARTICLE 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. ARTICLE 6. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the WORK consist of this Agreement (Section 00500) and the following attachments to this Agreement: • Notice Inviting Bids(Section 00030). • Instructions to Bidders (Section 00100). • Bid Forms including the Bid, Bid Schedule(s), Information Required of Bidder, Bid Bond, and all required certificates and affidavits (Section 00300). • Performance Bond (Section 00610). • Payment Bond(Section 00620). • General Conditions(Section 00700). • Supplementary General Conditions (Section 00800). • Technical Specifications as listed in the Table of Contents, including appendices. • Drawings as listed in the List of Drawings. • Addenda numbers to-, inclusive. • Change Orders which may be delivered or issued after Effective Date of the Agreement and are not attached hereto. There are no Contract Documents other than those listed in this Article 6.The Contract Documents may only be amended by Change Order as provided in Paragraph 3.04 of the General Conditions. ARTICLE 7.WAIVER OF IMMUNITY. The CONTRACTOR and OWNER acknowledge and agree that they have negotiated the following in accordance with the requirements of RCW 4.24.115 and the CONTRACTOR specifically waives his immunity under industrial insurance under Title 51 RCW.The CONTRACTOR and OWNER acknowledge and agree to the requirements for indemnification in Section 00800 SC-6.20.The provisions of this article shall survive the termination or expiration of this agreement. (Contractor Initials) AGREEMENT WESTSIOE WASTEWATER TREATMENT PLANT SIOTOWER IMPROVEMENTS 00500.2 JULY 2014 ARTICLE 8. SUSPENSION OF WORK AND TERMINATION The Contractor agrees to the right of the OWNER to suspend work or terminate this agreement as indicated in Article 15 of Section 00700 (Standard General Conditions) and Section 00800 (Supplementary Conditions). ARTICLE 9. ASSIGNMENT No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law),and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents.The OWNER, in its sole discretion, may refuse to allow the CONTRACTOR to assign any or all of its duties, rights and/or responsibilities under the Agreement, except with regards to an assignment of funds for security purposes. In the case of an assignment for security purposes the OWNER may condition its approval to the extent it deems necessary to assure that there will be adequate funds to complete the WORK and to pay a subcontractors and suppliers. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants,agreements and obligations contained in the Contract Documents. IN WITNESS WHEREOF, OWNER and CONTRACTOR have caused this Agreement to be executed the day and year first above written. OWNER : City of Bremerton CONTRACTOR By By [CORPORATE SEAL] Attest Attest Address for giving notices Address for giving notices License No. Approved as to Form: Agent for service of process: (Signature) (Title) AGREEMENT WESTSIDE WASTEWATER TREATMENT PLANT BIOTOWER IMPROVEMENTS 00500-3 JULY 2014 SECTION 01010 SUMMARY OF WORK PART 1 —GENERAL 1.01 SCOPE OF WORK A. The work covers: 1. Demolition of media in the existing Biotower and installation of new media and media support system including pipe and duct. B. There is currently utility power available at the WWTP. C. Bypassing of untreated and partially treated wastewater to surface waters or drainage courses is prohibited during construction. Penalties Imposed on the Owner as a result of any bypass caused by the Contractor, his employees or subcontractors, and legal fees and other expenses to the Owner resulting directly or indirectly from the bypass shall be borne in full by the Contractor. D. Interruption of any existing utilities requires prior Owner approval. 1.02 SCHEDULE AND WORK SEQUENCE A. Contractor shall adhere to the following schedule for construction of this project. 1. Subs I Substantial Completion: Project must be substantially completed within 203 calendar days after the date when the contract time commences to run as provided in Paragraph 2.03 of the General Conditions. Successful completion of commissioning,as specified in Section 01650, "Installation, Testing, Commissioning, and Training" for the entire facility must occur as a condition of substantial completion. 2. Final Project Completion: Contractor being ready for final payment must occur within 220 calendar days after the date of substantial completion of the project. B. Work Sequence: The Contractor shall be solely responsible for the means, manpower, methods,techniques,schedule,sequences,and procedures of construction,and all safety programs required to perform the work specified in the Contract Documents. There are construction limitations and phasing requirements for the work that the Contractor must adhere to: Contractor shall be responsible for determining the exact sequence of work required to meet the schedule dates specified in this section. 1.03 WORK COVERED BY CONTRACT DOCUMENTS A. The following is a general description of the work for this project. The items listed below are provided for the convenience of the Contractor only and do not represent a complete WESTSIDE WASTEWATER TREATMENT PLANT SIOTOWER IMPROVEMENTS SUMMARY OF WORK JULY 2014 01010.1 description of the work required for this project. All work shall be provided in accordance with the Contract Documents. 1. Sitework: a. Demolition of existing redwood media. b. Salvage Biotower redwood beams. c. Demolish concrete pier walls. d. Wood chipping of removed redwood media. 2. Biotower and Interior: a. Biotower media support system. b. Biotower media and grating. c. Biotower cross channel support beams. d. Non-potable water pipe and spray system inside Biotower. e. Air ducts in Biotower bottom channels. f. Concrete prep and coating system. g. Biotower dome cover removal and replacement. h. Temporary dam to block high water in Biotower pump station. 3. Other work necessary, including equipment O&M manuals, submittals, facility testing and commissioning, to provide a complete and functional system constructed in accordance with the Contract Documents. 1.04 CONTRACTOR'S DUTIES A. Except as specifically noted, provide and pay for: I. Labor, materials, and equipment. 2. Tools,construction equipment, machinery, and fuel. 3. Water, heat, and utilities required for construction. 4. Other facilities and services necessary for proper execution and completion of work. B. Give required notices. C. Comply with codes, ordinances, rules, regulations, orders, and other legal requirements of public authorities which bear on performance of work. WESTSIDE WASTEWATER TREATMENT PLANT BIOTOWER IMPROVEMENTS SUMMARY OF WORK JULY 2014 01010-2 D. Promptly submit written notice to Owner of observed variance of Contract Documents from legal requirements. It is not Contractor's responsibility to make certain that Drawings and Specifications comply with codes and regulations. E. Enforce strict discipline and good order among employees. F. Do not employ persons who are not skilled in assigned task. 1.05 CONTRACTOR FURNISHED A. Labor, materials, and equipment required for the project. B. Field offices and facilities for workers. C. All gates, barricades, fences, handrails, guardrails, and security required by the Contract or by laws and regulations. D. Guards, marks, shields, protective clothing, raingear, and other equipment required by law, ordinance, labor contracts, OSHA, and other regulations for the maintenance of health and safety. E. First aid kits and equipment required by law and regulations. F. Fencing to protect laydown area. 1.06 PERMITS AND LICENSES A. The Contractor shall acquire and pay for all permits not provided by Owner and all specialty permits, including but not limited to, electrical permits, plumbing permits, transportation permits, burning permits, wage and hour regulation permits, and all other permits of a temporary nature relating to the construction of the project as required. 1.07 USE OF PREMISES A. Limitations: 1. The Contractor's apparatus,storage of materials, and construction operations shall be confined to within the project site limits, as may be directed by the Owner. The Contractor shall enforce any instructions of the Owner regarding signs, advertising, fires,danger signals,barricades,and smoking;and shall require all persons employed on the Work to comply with all building, post, or institutional regulations while on the premises. 2. The Contractor shall not permit any part of any structure to be loaded with a weight that will injure its safety. B. Confine operations at site to areas permitted by: 1. Laws. 2. Ordinances. WESTSIDE WASTEWATER TREATMENT PLANT BIOTOWER IMPROVEMENTS SUMMARY OF WORK 01010.3 JULY 2014 3. Permits. 4. Contract Documents. 1.08 USE OF OFF-SHORE ITEMS A. Funding agencies may require that upon the completion of a public contract, the Contractor shall submit a certified statement to the Owner, setting forth the nature and source of off-shore items in excess of $2,500.00, which have been utilized in the performance of the Contract. B. Off-shore items are defined as those items procured from sources beyond the territorial boundaries of the United States, Including Alaska and Hawaii. 1.09 STANDARD SPECIFICATIONS A. References to"WSDOT"or"Standard" specifications shall mean the current edition of the Standard Specifications for Road, Bridge, and Municipal Construction including the standard drawings. Please note, however, that the Measurement and Payment sections of the Standard Specifications will not be part of this document. Those conditions are defined herein. PART 2—PRODUCTS(NOT USED) PART 3—EXECUTION (NOT USED) END OF SECTION WESTSIDE WASTEWATER TREATMENT PLANT SIOTOWER IMPROVEMENTS SUMMARY OF WORK JULY 2014 01010-4 CITY OF BREMERTON BID TABULATION BID Westside Wastewater Treatment Plant Biotower Improvements OPENED Pat Coxon TITLE: BY: DATE 10/13/14 TIME 12:00 p.m. RECORDED Shannon Corin OPENED: OPENED: BY: NAME OF BIDDER BONDBASE BID ALTERNATE ('incl. Sales Tax() (incl./Sales Tax) 2 794, OZ) 4173 9,z© , SUMMARY ENGINEER ESTIMATE(INCL. SALES TA)g $1,000,000-$1,200,000 S TE' L--,Ai?, J $ f 173, '-�--70. 8S� THIRD LUW BIDDER $ l 401 76.E AGENDA BILL 7A CITY OF BREMERTON CITY COUNCIL ■■rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr.■rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr SUBJECT: [Quasi-Judicial] Hearing on Study Session Date: October 8, 2014 Resolution No. 3233, regarding recovery of Quasi-Judicial fees for abatement costs on the property COUNCIL MEETING Date: October 15, 2014 located at 806 Cherry Court Department: DCD Presenter: Janet Lunceford Phone: (360) 473-5213 SUMMARY: Pursuant to a Kitsap County Superior Court Order, the City hired a contractor to demolish the fire-damaged building located at 806 Cherry Court. The work was completed on or about August 19, 2014. The owner of the property, James Freeman, was notified of the conditions on the property and failed to take action to remedy the unsafe conditions. The cost charged to the revolving abatement fund for this action totaled $10,456.50, which includes the administrative fees for dangerous building abatement actions specified in Rate Table C of the Bremerton Municipal Code. The Notice of Hearing was published in the Kitsap Sun on September 27, 2014, was posted on the property and was mailed by both regular and certified mail to the owner. Following a quasi- judicial hearing, the Council must decide if the fees are just and reasonable, and how they should be collected. ATTACHMENTS: Resolution No. 3233 Clerk's Memo, dated September 16, 2014 Declaration of Posting, dated September 24, 2014 Declaration of Mailing, dated September 24, 2014 FISCAL IMPACTS (Include Budgeted Amount): If not approved, the City's abatement fund would suffer the deficit of not collecting these funds. STUDY SESSION AGENDA: ❑x No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda ❑ General Business 0 Public Hearing RECOMMENDED MOTION: Move to adopt Resolution No. 3233, ordering that the fees incurred for demolition of the building on the property located at 806 Cherry Court be collected as reasonable abatement costs and become a lien against the property and assessed against the property pursuant to RCW 35.80.030. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/25/13 RESOLUTION NO. 3233 A RESOLUTION of the City Council of the City of Bremerton, Washington, reviewing charges for the demolition of a dangerous building on the property located at 806 Cherry Court and determining means of collection. WHEREAS, the City of Bremerton incurred costs for demolition of the fire- damaged building located at 806 Cherry Court; and WHEREAS, Section 1.04.120 of the Bremerton Municipal Code allows the City to recoup these costs by personal judgment against the property owner or as a lien against the property; and WHEREAS, BMC 1.04.120(c)(1) authorizes the lien to be assessed upon the County tax rolls pursuant to RCW 35.80.030(1)(h); and WHEREAS, the City Council is charged with holding a hearing to determine whether the fees are just and how they should be collected, and has considered the report of the charges filed by the Code Enforcement Officer of Community Development and any protests or objection filed; and WHEREAS, following the hearing, the City Council shall either confirm the report with charges therein, modify the report or reject the report; and WHEREAS, on September 24, 2014, the City caused notice of hearing to be 1) posted on the property involved, 2) served by certified mail, postage prepaid, addressed to the owner and on September 27, 2014, published by a legal advertisement in the Kitsap Sun; and WHEREAS, on October 15, 2014 the City Council conducted a hearing and considered all testimony; and WHEREAS, the Director of Community Development recommends the fees be collected pursuant to the Code Enforcement Officer Report of Charges as a lien against the property located at 806 Cherry Court, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS SECTION 1. The findings set forth in the recitals above are hereby adopted. 1 SECTION 2. The abatement charges, set forth in Exhibit A attached hereto, included in the report of the Code Enforcement Officer of the Department of Community Development for the property located at 806 Cherry Court, Bremerton, WA, are just and reasonable and therefore the report, and the abatement charges thereof, is hereby confirmed and approved. SECTION 3. The Mayor, or her designee, is authorized to file a lien and take any other legal action,to collect the abatement charges, and the City Treasurer may certify the abatement charges to the County Treasurer pursuant to RCW 35.80.030(1)(h). SECTION 4. Severability. If any one or more sections, subsections, or sentence of this resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. SECTION 5. 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 , 2014. GREG WHEELER, Council President APPROVED AS TO FORM ATTEST ROGER A LUBOVICH, City Attorney SHANNON CORIN, City Clerk 2 EXHIBIT A CONTRACTOR COST, $89152.50 ASBESTOS SURVEY AND REMOVAL $19029.00 ADMINISTRATIVE FEE $900.00 0 SUPERIOR COURT FILING FEES $240.00 PROCESS SERVICE $135.00 TOTAL $109456.50 3 r Department of Community Development 345 6th Street, Suite 600 i <f Bremerton, WA 98337-1873 _ - ---_ �= Telephone: 360-473-5213 -......... __- - ._........ --- = Fax: 360-473-5278 Janet.Lunceford@ci.bremerton.wa.us Janet Lunceford, Code Enforcement September 16, 2014 Memo To: Shannon Corin, City Clerk From: Janet Lunceford, Code Enforcement Officer Re: 806 Cherry Court Pursuant to a Warrant of Abatement issued by Kitsap Superior Court, the City hired a contractor to demolish the fire-damaged building located at 806 Cherry Court. The fees for this action, including the administrative fee set forth in Rate Table C of the Bremerton Municipal Code, total $10,456.50. I have attached the Warrant of Abatement, the contract and invoice for TRS (Trash Removal Services), as well as invoices for process service and asbestos survey and removal, a receipt for filing fees; and a copy of Rate Table C. I have scheduled a public hearing for approval of a lien for October 15, 2014. 1, w � e f 1 2 i 3 4 5 6 7 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR KI TSAP COUNTY 8 9 CITY OF BREMERTON,a Washington municipal corporation, Case No.: 13-2-02156-2 10 Plaintiff, ORDER OF ABATEMENT 11 VS. 12 JAMES P.FREEMAN and WELLS FARGO 13 BANK, 14 Defendants. 15 16 This matter came before the Court on Plaintiff City of Bremerton's motion for an 17 Order of Abatement to abate the nuisance property at 806 Cherry Court,Bremerton, 18 Washington("subject property"). The Court considered the pleadings filed in this matter, 19 the orders issued in this matter, the evidence presented at this hearing and the argument of 20 counsel for plaintiff,Mark E. Koontz.Based on the foregoing,the Court finds as follows: 21 1. This Court has issued an Order of Default against Defendant James P. 22 Freeman in this matter. 23 2. This Court has issued an Order dismissing Wells Fargo Bank from the case. 24 25 3. The subject property is a nuisance because the building on the property is 26 severely fire-damaged,uninhabitable,abandoned, unsecured and an attractive nuisance, each of which is declared a nuisance under the Bremerton Municipal Code. ORDER OF ABATEMENT- 1 ROGER A.LUBOVICH BREMERTON CITY ATTORNEY 345 6th Sheet,Suite 600,Bremerton,Washington 98337 Phone: 360-473-2345 Fax: 360473-5161 1 4. The City has adopted an ordinance that permits it to seek abatement of 2 nuisance properties. 3 5. RCW 7.48.020 authorizes this Court to issue an order of abatement to the 4 City allowing the City to enter the property to abate nuisance. 5 6 Based on the above findings,It Is Ordered: 7 1. Plaintiffs motion is GRANTED; 8 2. Plaintiff and its contractor or agent are hereby authorized to enter onto the 9 subject property to abate the nuisance as described herein and as described in the 10 Declaration of Mark E. Koontz in support of plaintiffs motion; 11 3. Defendant James P. Freeman shall bear the costs of the abatement; 12 4. This order does not bar plaintiff from seeking any other remedies that may 13 be available to plaintiff. 14 Entered this qh\day of April,2014. 15 16 SAW F.OL M 17 KITSAP COUNTY SUPERIOR COURT JUDGE 18 19 Presented by: 20 ROGER A. LUBOVICH 21 BREMERTON CITY ATTORNEY 22 N (� 23 Mark E.K ntz, SBA#26212 24 Attorney for Pla' tiff 25 26 ORDER OF ABATEMENT-2 ROGER A.WBOVICH BREMERMN MY A'IT®ORNEY 345 6th Strut,Suite 600,Branerton.Washington 98337 Phone: 360-473-2345 Fax: 360.473-5161 f GOODS AND SERVICES AGREEMENT THIS AGREEMENT,is entered into between the City of Bremerton,a Washington Municipal Corporation("City"),and TRS Trash Removal Services LLC("Vendor"),whose mailing address is: P.O. Box 5255,Bremerton,WA 98312. I The parties agree as follows: 1. VENDOR SERVICES. The Vendor shall provide the following goods and materials and/or perform the following services for the City: Vendor will disconnect any and all remaining utilities at the subject property and demolish, haul and dispose of fire I damaged house at subject property. The subject property is located at 806 Cherry Court,Bremerton,Washington. 2. TIME OF COMPLETION. Vendor shall complete the work and provide all goods, materials and services within 30 calendar days from the date all parties have signed this Agreement. j 3. COMPENSATION. The City shall pay the Vendor the total amount of$7,500.00, which includes applicable Washington State Sales Tax, for the goods,materials and services contemplated in this Agreement. , Defective or Unauthorized Work. The City reserves its right to withhold payment from Vendor for any defective or unauthorized goods, materials or services. If Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services by Agreement or otherwise, and Vendor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to I deduct the cost to complete this Agreement, including any Additional Costs, from any and all amounts due or to become due the Vendor. i 4. INDEPENDENT CONTRACTOR. Contractor is and shall be at all times acting as an independent contractor and not as an employee of the City. The Contractor shall secure at its expense, and shall be responsible for all payments of income tax, social ' I security, state disability insurance compensation, unemployment compensation, and all other payroll deductions for the Contractor, officer, agents, employees and sub-contractors. The Contractor shall also secure all applicable business licenses, if required, in connection with the contract services, including all required licenses for Contractor's officers,agents,employees and sub-contractors. 5. TERMINATION. The City may terminate this Agreement for good cause. "Good cause" shall include, without limitation, any one or more of the following events: A. The Vendor's refusal or failure to supply a sufficient number of properly skilled workers or proper materials for completion of this Agreement. B. The Vendor's failure to complete this Agreement within the time specified in this Agreement. C. The Vendor's failure to make full and prompt payment to subcontractors or for material or labor. D. The Vendor's failure to complete with federal,state or local laws,rules or regulations. E. The Vendor's filing for bankruptcy or becoming adjudged bankrupt. If the City terminates this Agreement for good cause, the Vendor shall not receive any further monies due under this Agreement until the goods,materials and services required by this Agreement are completed and fully performed. 6. CHANGES. The City may issue a written change order for any change in the goods, materials.or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that a change order is necessary, Vendor must 1 Rev.6/14 i submit a written change order request to an authorized agent of the City within fourteen(14)calendar days of the date Vendor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the change order work upon receiving either a written change order from the City or an oral order from the City before actually receiving the written change order. If the Vendor fails to require a change order within the time allowed, the Vendor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment the Vendor must complete the change order work;however,the Vendor may elect to protest the adjustment as provided below: A. Procedure and Protest by the Vendor. If the Vendor disagrees with anything required by a change order, another written order,or an oral order from the City, including any direction,instruction,interpretation, or determination by the City,the Vendor shall: 1. Immediately give a signed written notice of protest to the City; 2. Supplement the written protest within fourteen(14)calendar days with a written statement that provides the following information: i a. The date of the Vendor's protest. b. The nature and circumstances that caused the protest. C. The provisions in this Agreement that support the protest. d. The estimated dollar cost, if any,of the protested work and how that estimate was determined. e. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is i asserting a schedule change or disruption. i 3. The Vendor shall keep complete records of extra costs and time incurred as a result of the protested work. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all protests,provided the procedures in this section are followed. If the City determines that a protest is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. B. Vendor's Duty to Complete Protested Work. In spite of any protest, the Vendor shall proceed promptly to provide the goods,materials and services required by the City under this Agreement. C. Vendor's Acceptance of Changes. The Vendor accepts all requirements of a change order by: (1)endorsing it, (2) writing a separate acceptance,or(3)not protesting in the way this section provides. A change order that is accepted by Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations,and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions,instructions,interpretations,and determination). 2 Rev. 6/14 7. CLAIMS. The Vendor shall give written notice to the City of all claims other than change orders within fourteen (14) calendar days of the occurrence of the events giving rise to the claims. Any claim for damages,additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement;or, if(and only if)no such provision is applicable,unless that claim is set forth in detail in writing and received by the City within seven(7)calendar days from the date Vendor knew, or should have known, of the facts giving rise to the claim. At a minimum, a Vendor's written claim must include the information set forth regarding protests in Section 6(A)(2)(a)-(e). FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. i Vendor must, in any event, file any claim or bring any suit arising from or connected with this Agreement within 120 j i calendar days from the date the contract work is complete. i 8. WARRANTY. The Vendor shall correct all defects in workmanship and materials within one year from the date of the City's acceptance of the Contract work. When defects are corrected,the warranty for that portion of the work shall extend for one year from the date such correction is completed and accepted by the City. The Vendor shall begin to correct any defects within seven(7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. 9. INDEMNIFICATION. Vendor shall defend, indemnify and hold the City, its officer, 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. Vendor's obligation to indemnify shall not extend to that portion of damages caused by the City's sole negligence. The City's inspection or acceptance of any of Vendor's 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 Vendor and the City, its officers, officials, employees, agents and volunteers, the Vendor's liability hereunder shall be only to the extent of the Vendor's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS INDEMNIFICATION CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. 10. INSURANCE. The Vendor shall procure and maintain for the duration of this Agreement, insurance against claims for 3 Rev.6/14 injuries to persons or damage to property that may arise from or in connection with the performance of the Contract work by the Vendor, its agents,representatives,employees or subcontractors. Before beginning work on the project described in this Agreement, the Vendor shall provide a Certificate of Insurance evidencing: 1. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage;and 2. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and $2,000,000 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;and employer's liability. Any payment of deductible or self-insured retention shall be the sole responsibility of the Vendor. All required policies shall be provided on an "occurrence" basis except professional liability insurance (if required), which shall 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 Vendor and a copy of the endorsement naming the City as 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. The Vendor'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 Vendor's insurance shall be primary insurance as respects the City,and it shall be an affirmative obligation upon Vendor to advise the City's Risk Manager by fax at (360) 473-5161, or by certified mail, return receipt requested to City of Bremerton, attn: Risk Management, 345 6's Street, Suite 600, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy set out herein,and failure to do so shall be construed to be a breach of this Agreement. 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. 11. MISCELLANEOUS. A. Licenses and Taxes. Vendor shall possess a current Bremerton Business License and any regulatory license required to fulfill Vendor's obligations under this contract. B&O taxes shall be paid when due, and Vendor, by this agreement, assigns any payments due under this contract to the City Clerk for payment of such taxes which have been declared delinquent. B. Conflict and Precedence. In the event of a conflict between the contract documents, the document which rates higher on the following list shall take precedence: 4 Rev.6/14 I. Addenda, if any, 2. Contract, 3. Specifications, 4. Terms and Conditions, 5. Contractor's proposal. C. Documents Incorporated by Reference. The following documents are incorporated by reference, to include,but not be limited to: 1. Terms and Conditions, 2. Specifications, 3. Proposal,and 4. Non-Collusion Affidavit. D. Use of Photographs and Images Vendor shall not use or distribute photographs or images depicting City officials, personnel, property,or equipment whether prepared by Vendor or provided by City without prior written consent of the City. The City will not unreasonably withhold its consent. E. Nondiscrimination. In the hiring of employees for the performance of work under this Agreement the Vendor, its subcontractors, or any person acting on behalf of Vendor shall not, by reason of race, religion, color, sex, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. F. Compliance with Laws. Vendor shall comply with all federal,state and local laws,rules and regulations throughout every aspect in the performance of this Agreement. G. Work Performed at Vendor's Risk. Vendor shall take all precautions necessary and shall be responsible for the safety of its employees,agents,and subcontractors in the performance of this Agreement. All work shall be done at Vendor's own risk, and Vendor 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. H. Governing Law. This Agreement shall beoverned and construed in accordance with nth the laws of the State of � Washington. If any dispute arises between the City and Vendor under any of the provisions of this Agreement, i resolution of that dispute shall be available exclusively under the jurisdiction, venue and rules of the Kitsap County Superior Court, Kitsap County, Washington. i 1. Attorney's Fees. In any claim or lawsuit for damages arising from the parties'performance of this Agreement, each party shall be responsible for payment of its own legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit; however, nothing in this subsection shall limit the City's right to indemnification under Section 9 of this Agreement. J. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed below,unless otherwise notified. Any written notice shall become effective upon delivery,but in any event three(3) calendar days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement. Notices to be sent to: Notices to be sent to: VENDOR: CITY: 5 Rev.6114 Attn:_ a%&g-- City of Bremerton 345 Sixth Street,Suite 600 a Bremerton,WA 48337 K. Assignment. Any assignment of this Agreement by the Vendor without the written consent of the City shall be void. L. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Vendor. M. Severability. If any one or more sections, sub-sections, or sentences of this Agreement are held to be unconstitutional or invalid,that decision shall not affect the validity of the remaining portion of this Agreement and the remainder shall remain in full force and effect. N. Entire AgmMent. The written provisions and terms of this Agreement, together with any attached Exhibits, supersede all prior verbal statements by any representative of the City,and those statements shall not be construed as forming a part of or altering io any manner this Agreement This Agreement and any attached Exhibits contain the entire Agreement between the parties. Should any language in any Exhibit to this Agreement conflict with any language contained in this Agreement,the terms of this Agreement shall prevail. IN WITNESS WHEREOF,the parties below have executed this Agreement. VENDOR CITY: f City O merton SX/ / By: i RS �i"c,5.h 12ern ✓rte G t-C- By Print Name: e5 Se e,j nay- Its:- ntzrr, er- Its: 01C - p u N,t iZ= ,tii,rA,-7- Date: Date: APPROVED AS TO FO By: 7�/Bremerton Cdy Attorney 2� By. City Cleric R:1LegalUxgaAContmctslFORMS\Goods and Services Agreement.docx 6 Rev.6/14 ACORO" TRASREM-01 WADE �.� CERTIFICATE OF LIABILITY INSURANCE DATEIMM/DD/YYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE E INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the pollcy(les)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CON Sears 8 Associates,Inc. NAMEACT Gavin Jorde 115 Hall Brothers Loop NW PHONE 206 Suite 109 /uc No Ext:( )842-9091 FAX No)*(206)842-5125 Bainbridge Island,WA 98110 nRaess,gavin(cD-searsandassociates.com INSURER($)AFFORDING COVERAGE NAIC 0 INSURED INSURER A:Western National Assurance 24465 INSURER 8: Trash Removal Services LLC INSURER C: PO Box 5255 Bremerton,WA 98312 INSURER D: INSURER E: COVERAGESINSURER F CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF POLICY EXP A X COMMERCIAL GENERAL LIABILITY Do MW I/YYYY LIMITS CLAIMS-MADE 1�1 OCCUR X CPP1042826EACH OCCURRENCE $ 1,000,00 X Premises/Operations 06/22/2014 06/22/2015 PREMISES Ea occurrence $ 10,00 X Prod./Comp.Ops. MED EXP(Any one person) $ 5,00 GEN'L AGGREGATE LIMIT APPLIES PER, PERSONAL 8 ADV INJURY $ 1,000,00 X POLICY E]PRO- —I GENERAL AGGREGATE $ 2,000,00 JECT �J LOC OTHER PRODUCTS-COMP/OP AGG $ 2,000,00 AUTOMOBILE LIABILITY WA STOP GAP $ 1,000,00 A X Ea acaden SINGLE LIMIT $ 1,000,00 ANY AUTO X CPPI042688 06/22/2014 06/22/2015 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS X X NON-OWNED BODILY INJURY(Per accident) $ HIRED AUTOS AUTOS PROPERTY DAMA E Peracadent $ UMBRELLA LIAR $ OCCUR EXCESS LIAR CLAIMS-MADE EACH OCCURRENCE $ DED RETENTIONS AGGREGATE $ WORKER$COMPENSATION $ AND EMPLOYERS'LIABILITY PER ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N STATH- UTE OTOT OFFICER/MEMBER EXCLUDED? ❑ N/A E L.EACH ACCIDENT $ (Mandatory In NH) I/yes,describe under I E L DISEASE-EA EMPLOYE E DESCRIPTION OF OPERATIONS below E L DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,AddMonai Remarks Schedule,may be attached If more space Is required) RE:806 Cherry St,Bremerton WA&2106 7th St,Bremerton WA subject to policy conditions,exclusions and endorsements. Certificate holder is additional insured as respects named insured's operation. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Bremerton THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 345 6th St ACCORDANCE WITH THE POLICY PROVISIONS. Bremerton,WA 98337 AUTHORIZED REPRESENTATIVE 4_4 ft- " ACORD 25(2014/01) ©1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD TRS Trash Removal Services LLC Invoice PO Box 5255 Bremerton, WA 98312 Date Invoice# 360-373-2007 8/19/2014 J1074 Bill To Ship To Janet Lunceford Code Enforcement Officer City of Bremerton P.O. Number Terms Rep Ship Vi F.O.B. Project 8/19/2014 Quantity Item Code Description Price Each Amount Demo Demolish,haul,and dispose of fire damaged house at 806 Cherry Ct.,Bremerton(House did not appear to have a 7,000.00 7,000.00T foundation,post and beam) Demo Disconnect any remaining utilities. Bremerton 500.00 SOO.00T 8.70% 652.50 Total $8,152.50 i 1. F '7 ;5, r _ VEND R•= ' •� 0 NO• .r,i•� ,3 _ 5• By-chase:oigei _ - 2 - r-i= 4 .240 .t - s • - - .-kyr';. `i3,:" •.N"M L'>•.aL.�t.,.ar - - . _ .- 1,.: �•=,(i a..2. .-y - pry': Vit' :�. .-Fi�.Y�f',':' 47.}�^'4-::.•ern _ if:-. ;il.:..�.= - ;x- .i: '{'!1,`-:,t;<:Sv •..tr•.;ti%"C:.'::,tci S_•t . � . 3713 KITSAP COUNTY SUPERIOR COURT CLERK KITSAP COUNTY SUPERIOR COURT PORT ORCHARD WA DAVID W. PETERSON KITSAP COUNTY CLERK Rcpt. Irate: 09/27/2013 Po t. Date: 09/30/2013 Receipt #: 2013-02-17339 Cashier ID: KSK Time: 01:42 Ply iteral Case Number Amour& 01 13-2-0,'156-2 $240.00 1100: Fee-Civil Filing FFR i --------------- i Total Due: X240.00 Check Tendered: .240.00 --------------- Charge Due: $0.00 Paid BY: CITY, IREMERTON LA-Igaf Liaison: Ken's Process Professionat Inquiry Services, LLC 126 C11111owAve. No., Bremerton, JVa 98312 NO. _ (360) 405-0910 866-405-091() Fax 405-0912 D Firm. R E 41 Address: Return Date:-' 41 Last Day: Co n t ac t;. —C Tt y—bTffretWR.Phone: �, Statute RIORy Attorney's Office File No."�l�7 Court:—. —COLIFIty: Name: Cause No.: S-6- Case Nat Documents: .-Vs. 2 j 'J -21111� Delkery(mly ❑ E] Return copy Ej Other 0 ti lu File C unty Superior Y--N U s r),,irict Bench- Sea TieAppeals Aiiditor Trcas. Usher Copy— — or 11 finkipicy Crim Civil File First:_______ Serve First:_. Serve only: Service On: F E F;.4- Service Address: f Return MilesJ. Notcs:__ Special Other Served: 4? F77 /IJ e C/ /- BY No . TOTA 1, legal Liaison: q y , Ken s Process(',/'.-Professional In Inquiry Services LLC' 126 Callow Ave. No., Bremerton, Wa 98312 (360) 405-0910 566-405-0910 Fax 405-0912 Firm: r`! r�' 'r�'� ='tr N �i _ /�i '1 -, r7� Date: e Return Date: Address: Last Day: Contact J ' =r�.��/J Phone: �� 3' - `%S� �� : j �`� y, Statute Runs: File No. r''0— i ,, Aj �l l Court: ''->`'ty County: A./ Cause No.: Car C Name: r ,{ DoRments: i 701 4 fJ. �^ �A Delivery Only ❑ Leave Original ❑ Return Copy ❑ Other ❑ (Special Instructions) r✓ RECEIVE 0 c T 1 21)1 City of Bremerton - City Attorney File Count U S District Y_N Y Superior District Appeals Auditor/Treas. Other Bench Sea_ Tac_ I_or 11_ Copy_ Rnkrptcy Cnin Civil File First: 1Serve First: Serve Only: FESS Service On: I i, I /a �,,, f f� Service r � r Address: Return l`r�frIri7 Miles Notes: Messenger Special Other LDate.e: rved: Time By— No. 0 ro'rA L �� ENVIRONMENTAL SERVICES PHONE#(360)830-5022 FAX Al(360)830-5020 P.O. BOX 220 jtaylo ahoo.corn SEABECK,WA.98380 TMs amount is due upon receipt of this statement UW010E April 25, 2014 City of Bremerton Attention: Janet Lunceford 345 6th Street Re: 80tCherry Court, Bremerton Bremerton, WA 98337 Performance of a Certified AHERA Building Inspection on 4.15.14 at the above listed address: Site investigation and bound report........................ $ 350.00 7 suspect materials analyzed by Polarized Light Microscopy.........................$ 175.00 I additional layer extracted at the lab from a submitted sample and analy....zed.......$ 15.00 Amount due this invoice.........no sales tax on"services............. .............................$ 540.00 "Cele6ratine our 45A yea-r!' US EPA Certified AHERA Building Inspector #BfR-NAI-0108-14-02 ISTAaw APR 3 0 2014 City Of Bremerton, DCD ERT/F/C ED A3BE3TOB CONTRACTOR #1085 PHONE#(360)830-5022 FAX#(360)830-5020 P.O. BOX 220 M` SEABECK,WA. 98380 This amount is due upon receipt of this statement-we do not offer 30 dory accounts INVOICE May 6, 2014 City on Bremerton Project: 806 Cherry Court 345 6 Street Bremerton, WA 98311 Bremerton, WA 98337 Attention: Janet Lunceford Remediation of the discovered asbestos containing materials attached to this fire damaged structure were removed in strict compliance to the terms of the contract dated 4.25.14......$ 450.00 Sales tax at local rate of 8.6%.................... ..................................................... .............$ 39.00 Amount due.............. ............ ............................................... $ 489 00 ................................. . -Celebrating our 456 year) WA State General Contractor Registration:#KCB**+"922J5-WA State Certified Asbestos Contractor#1085 COMMUNITY DEVELOPMENT—RATE TABLE C All Rates Listed are 'Not To Exceed" Fees C. DEPARTMENT OF COMMUNITY DEVELOPMENT 1. SUBDIVISIONS RATE Preliminary Short Preliminary Formal Plat/Binding Site Plan $1000+$l50 per lot $2500+ $150/lot(1-100 lots) $100/lot(101-200 lots) Final Short $75/lot(201 + lots) Final Formal Plat/Binding Site Plan $630+$40/lot $945 +40/lot 2. SHORELINE MASTER PROGRAM Substantial Development Permit Conditional Use Permit—Type II $1,300 Conditional Use Permit—Type III $ Shoreline Variance $17750 0 Permit Revision $1750 Shoreline Exemption $325 SIM 3. STATE ENVIRONMENTAL POLICY ACT(SEPA) Checklist Environmental Impact Statement Review/Adoption $320 $650+additional cost of expertise 4. APPEAL(to Hearing Examiner) $350 5. PRE-APPLICATION CONFERENCE $100 6. ABATEMENTS Dangerous Building $900+Direct Service Garbage& Weed and Supply Cost $640+Direct Service and Supply Cost 7. ABANDONED PROPERTY FINES&PENALTIES Failure to Register Failure to Inspect, Maintain,and/or Secure $1,000+$100 per day $1,000+$100 per day 8. RENTAL PROPERTY REGISTRATION FINES& PENALTIES Failure to Register and File a Declaration of Compliance as Required $1,000+$100 per day Failure to Obtain a Certificate of Inspection When Required $1,000+$100 per day 9. BUILDING PERMIT FEES Refer to Exhibit 1 10. PLAN REVIEW FEE 65%of the building permit fee as set forth in Exhibit 1 11. ESTABLISHED"BASIC"PLAN REVIEW Pursuant to DCD policy 50%of Plan Review Fee Resolution No. 3209 CITY OF BREMERTON DEPARTMENT OF COMMUNITY DEVELOPMENT IN RE THE MATTER OF: DECLARATION OF POSTING James P.Freeman 806 Cherry Court #C12 0582 STATE OF WASHINGTON) ss. County of Kitsap ) I,Kelli Lambert,declare as follows: 1. That I am a citizen of the United States of America,a resident of the State Of Washington,over the age of eighteen(18)years,not a party to the above-entitled action,and competent to be a witness herein. 2. That on the 24th day of September,2014,I posted a true and correct copy of the above captioned Notice of Public Hearing issued September 22,2014,by stapling said notice to a post on the property located at 806 Cherry Court. Executed at Bremerton,Kitsap County,Washington on this 24th day of September,2014. I declare under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct to the best of my *ledge. Affiant: Kelli bent CITY OF BREMERTON DEPARTMENT OF COMMUNITY DEVELOPMENT IN RE THE MATTER OF: DECLARATION OF MAILING James Freeman 806 Cherry Court #C12 0582 STATE OF WASHINGTON) ss. County of Kitsap ) I,Kelli Lambert,declare as follows: 1. That I am a citizen of the United States of America,a resident of the State of Washington,over the age of eighteen(18)years,not a party to the above-entitled action,and competent to be a witness herein. 2. That on the 24th day of September,2014,I mailed a properly addressed and stamped envelope a true and correct copy of the Notice of Public Hearing issued September 22,2014,by depositing said envelope in a mail receptacle of the U.S.Postal Service,via U. S. Regular and Certified Mail for delivery to: James P. Freeman 9002 SE Southworth Drive Port Orchard, WA 98366 Executed at Bremerton,Kitsap County,Washington on this 24th day of September,2014. I declare under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct to the best ofmy knowledge. Affiant: elli bert AGENDA BILL 1B CITY OF BREMERTON CITY COUNCIL ........................................................................................ SUBJECT: Contract with Trane, Inc. Study Session Date: October 8, 2014 for the Wastewater Treatment Plant COUNCIL MEETING Date: October 15, 2014 Phase II Energy Efficiency Project Department: PW&U/WWTP Presenter: Pat Coxon Phone: (360) 473-5448 SUMMARY: RCW 39.35A provides a design-build process for constructing energy efficiency projects on public facilities. Pursuant to this process, the Public Works Department completed Phase I and is now working with Trane, Inc. an authorized energy services company, on Phase II. Because the City had already planned to replace the Return Activated Sludge (RAS) Pumps, Aeration Blower #4, Biotower Odor Control Fan and Headworks Odor Control Fan in the 2015 CIP, and because the State is offering a grant program for energy efficiency projects, an opportunity existed to pursue this Phase II project. Trane and the State have worked with City staff to define the project and develop the financial analysis. At this point, the Phase II project is ready for Council approval. We believe this project is an excellent candidate to receive a'$272,172 grant in addition to the PSE energy utility incentive of $98,246. We will know about the grant in November 2014. Approval is needed now in order to procure equipment and materials in time to complete construction by September 2015. The projected project payback is 8 years with both grants and 14.5 years without the State grant. ATTACHMENTS: 1. Summary Documents 4. Amendment#2, Interagency Agreement 2. Funding Approval for Construction 5. Construction Contract 3. Funding Approval for Design and Const. Mgt. FISCAL IMPACTS (Include Budgeted Amount): Expected total project cost (with $272,172 grant and PSE utility incentive of $98,246) is $1,715,499. Budgeted amount in 2015 is $1,745,000. In the event that the energy services grant is not awarded, the needed revenue will be provided under the 2015 WWTP/Pump Station Improvement Program (budgeted at $350,000). STUDY SESSION AGENDA: 0 No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda © General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve Amendment #2, Interagency Agreement with the Department of Enterprise Services; Energy Services Authorization Amendment#1; Funding Approvals for design and construction; and the Construction Contract for the Wastewater Treatment Plant Phase II Energy Efficiency Project, and authorize the Mayor to finalize and execute these documents with substantially the same terms and conditions as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/25/13 PSE Energy Efficiency Custom Grant Project Data Submittal Form PSE Account Holder's Name: City of Bremerton Project Sites/Buildings PSE Grant Estimates $ Bremerton WWTP, Phase II $ 98,246 Site 2 $ - Site 3 $Site 4 $ - Site 5 $ - Site 6 $ Site 7 $ Site 8 $ Site 9 $ Site 10 $ - Total $ 98,246 Notes 1. This is only a funding estimate and not a commitment of funds by PSE. This estimate is based upon the scope, costs, and savings provided and is subject to change if final scope, costs, or savings change in anyway. A formal project review by PSE and grant agreement will be necessaprior to any formal commitment of funds. I I Grant Project Data Submittal Form—Bremerton WWTP Phase 11_9-12-2014.xlsx 9/12/2014 PSE Energy Efficiency Custom Grant Project Data Submittal Form IMPORTANT-DO NOT DELETE ROWS Name of Account Holder,-City of Bremerton Eieebte eter ID. 2006916760 Bremerton W WTP. . Name of Sita'.Phase II Gas Meter ID: Service Address: iG00OvstsrBaYAve.Sou1h PSE Account Number. 200-012-291585 . For PSE Cells below to be completed by customer Representative - Measure Types t Baseline Use Use Only ECM Descriptions Measure Cost(S) Usage BaseOrre Usage Proposed savings Proposed savings PSE Grant (ki yr) (Therms" (kWh" (Thermstyr) Estimate($)s Packaged HVAC Equip Replacement Gas Water Heater Replacement Corot.Volume Fan to Variable Volume Fan Retrofit(VFD or similar) Const Volume Pumping to Variable Volume Pumping Retrofit fVFD or similar Bogor rebefft ' Extensive Controls Retrofit (Including from end upgrade) Adding controls features to ' existing DDC(Lo.DCV,fan VFD) Ughting Retrofit Insulation Improvement Windows Retrofit —Others Measures Blmw&Fan Roplacemem ECMECM.2 Replace(1)200 HP blower wall 100 HP blower,ECM-3Replace(1)50 HP fan with 2.4 s 277.1131 987.1211 327.488 s 9B 1 20 HP fan.ECM-4 Replace 1 25 HP fan with 1 10 HP fan Total s M.1131 987 121 0 MAN 0 $98,246 Notes 1.Use one application per PSE account(typlce0y per building or slur). 2.Measure cost shall only Include material costs,labor costs and local sake tax. Z This Is only a holding estimate and not a Commitment of funds by PSE.This estimate Is based upon the scope,costa,and savings provided and Is subject to change If final scope,costs,or savings change In anyway.Alamo{project review by PSE and arant a reamem still be necessary or to any formal commitment of funds. Contractor Name: Trane Inc Climate Solutions BM4f2014 Michael James ect Developinent Lea 425.4294475 PSE Representative Nacre: Jack Stpfla Date:9M212014 Jack SI iia EME 360-475.7077 ernrn vy.0 ore siarum rem�a.maom wean vim.n_atzaof+,a:tenarm+ i - 7f�..A•� .c.�f � {r� .� . .>:-fJ^.a•. ��v-a �.. .�,. ,. ... �..` -..�.- - ,,. r,n, .:,.. . c e - " ,�'� _ �- . - ii' •+ .' Jilt r .' h` .f s -.. _r. 1.1 PROJECT OVERVIEW Trane is pleased to provide the following Energy Services Proposal(ESP)for process and efficiency improvements at the City's wastewater treatment plant,located in Bremerton, Washington. The City of Bremerton selected Trane US Inc.to complete an Investment Grade Audit UGA)of their wastewater treatment plant through the State's Energy Savings Performance Contracting (ESPC) program. The ESPC program is administered by the Department of Enterprise Services (DES). The scope and costs herein reflect Trane's work to date and are proposed as the guaranteed maximum(GMAX)project cost and guaranteed minimum energy savings per the State ESPC contract. Trane has identified a $2,085,917 combination of initiatives that,via the State of Washington's Energy Services Contract,will generate the following benefits for the City of Bremerton: • Utility cost reductions totaling$33,153 based on 382,390 kWh saved annually • Qualify for energy conservation incentives from Puget Sound Energy(PSE) estimated at$98,246 • Qualify for the Department of Commerce energy efficiency grants estimated at $272,172 • Avoid capital replacement costs totaling$1,440,000 over the next ten years • Extend the life of critical systems and equipment within the WWTP The key objectives the City indicated they wanted to achieve with this project are: • Avoid capital costs the City will incur should existing equipment remain in service and maximize system life and reliability • Replace aging infrastructure • Reduce energy costs by using more efficient equipment and improving processes • Specified equipment maximizes operational efficiencies and requires less routine maintenance • Added controls infrastructure benefits plant operators • Position the City of Bremerton,as effectively as possible,to compete for the Department of Commerce grant funds • Maximize energy conservation incentives from Puget Sound Energy(PSE) Energy Services Proposal—Phase 11, City of Bremerton Trane has completed an Investment Grade Audit of the existing wastewater treatment plant Through this IGA,Trane has presented the City of Bremerton with a project solution that maximizes grant and utility incentive dollars,improves system operation,addresses capital improvement needs and maximizes energy efficiency. Trane's detailed IGA has confirmed that the best solution for meeting all of these objectives is by implementing the following Energy Conservation Measures(ECM): ECM 1. REPLACE RETURN ACTIVATED SLUDGE PUMPS ECM 2. REPLACE AERATION BLOWER#4 WITH NEW NEUROS TURBO BLOWER ECM 3. HEADWORKS FAN REPLACEMENT ECM 4. BIOTOWER FAN REPLACEMENT The guaranteed Maximum Project Cost of$1,867,449 includes project contingency and measurement and verification(M&V)costs as per Table 2.1, Budget Summary,and excludes the cost of DES fees and taxes.The guaranteed Maximum Project Cost with guaranteed energy savings of 344,151 kWh/year will result in a 10 year life cycle cost benefit in excess of$50,993. This project includes upgrades and renovation to various processes and systems within the wastewater treatment plant as outlined in Section 1.2.One ECM was studied during the course of the IGA but was not approved by the City for implementation. Please refer to Section 5.3 of this ESP for further detail. 1.2 SELECTED ENERGY CONSERVATION MEASURES (ECM) SUMMARY ECM 1. REPLACE RETURN ACTIVATED SLUDGE PUMPS The intent of this measure is to replace(3)existing return activated sludge(RAS) pumps with(2)new Flygt pumps with variable frequency drives and replace the existing flow meter.This measure will provide RAS pumps that are correctly sized for present and future operations,replace aging equipment,and maximize energy efficiency. ECM 2.REPLACE AERATION BLOWER#4 WITH NEW NEUROS TURBO BLOWER Replace(1)existing aeration blower#4 with(1)new Neuros Turbo blower. The intent of this measure is to provide an aeration blower that is correctly sized for present and future operations,replace aging equipment, and maximize energy efficiency while providing aeration and mixing in the aeration basins. ECM 3. HEADWORKS FAN REPLACEMENT Replace(1)existing constant speed fan serving the headworks odor scrubber with(1) Energy Services Proposal—Phase 11, City of Bremerton new Verantis fan and a variable frequency drive(VFD).This measure will replace aging equipment with a fan that is correctly sized for present and future operations and will maximize energy efficiency. ECM 4. BIOTOWER FAN REPLACEMENT Replace(1)existing constant speed fan serving the biotower odor scrubber with(1) new Verantis fan and a variable frequency drive(VFD).This measure will replace aging equipment with a fan that is correctly sized for present and future operations and will maximize energy efficiency. 1.3 CONCLUSION Trane appreciates the opportunity to present this ESP. The measures described in this proposal demonstrate that the City is actively working towards leveraging resources and revenue streams to optimize operation and minimize energy and operational costs. Trane looks forward to working with the City of Bremerton and the Department of Enterprise Services on the implementation of this project Energy Services Proposal—Phase!l,City of Bremerton Trane completed an Investment Grade Audit(TGA)of the wastewater plant at the City of Bremerton.This IGA was used to develop the costs for the proposed ECMs.Tables 2.1, Budget Summary, represent open book financials of the wastewater treatment plant.Table 2.2, Financial Proforma,demonstrates the Cash-flow Analysis of the project and incorporates annual energy savings, maintenance savings, and capital cost avoidance. 2.1 MAXIMUM PROJECT ALLOWABLE COST Trane guarantees that the Maximum Project Cost will not exceed $1,867,449.Sales tax, Department of Enterprise Services fees, Department of Commerce grant funds and utility incentives are not guaranteed nor are they incorporated in the Maximum Project Cost. Total Project Cost of$2,085,917 is inclusive of sales tax and Department of Enterprise Services fees. Refer to Table 2.1, Budget Summary, in this section of the ESP for further details. 2.2 ITEMS INCLUDED IN MAXIMUM PROJECT COST Maximum Project Costs include the following: 1. Investment Grade Audit 2. Engineering 3. Construction Management 4. Installation of Project Equipment include the following costs: a. All costs paid by Trane for the installation of the Project equipment This includes costs paid to subcontractors or directly to Trane personnel,when related to installation or system verification of Project equipment Sito Supervision ryisi on shall include all hours: i. when the project superintendent/site supervisor is on site,or coordinating the work when offsite ii. when the project manager is on site or coordinating the work when offsite iii: when the safety manager is conducting safety audits,developing the safety plan, or providing supervision on site Energy Services Proposal—Phase It,City of Bremerton b. The portion of reasonable travel, lodging, and meals expenses of Trane or of its officers or employees incurred while traveling in discharge of duties connected with the Work. c. Cost of all equipment, materials, supplies and equipment incorporated in the Work, including costs of transportation thereof. d. Cost or rental charges, including transportation and maintenance, of all materials, supplies,equipment,temporary facilities and hand tools not owned by the workers, which are consumed in the performance of the Work,and cost less salvage value on such items used but not consumed which remain the property of Trane. e. Cost of premiums for all bonds and insurance,which Trane is required to purchase and maintain. f. Permit fees, royalties,and deposits lost for causes other than Trane's negligence. g. Sales, use,or similar taxes related to the Work and for which Trane is required to purchase and maintain. h. Losses and expenses not compensated by insurance or otherwise, sustained by Trane in connection with the work, provided they have resulted from causes other than the fault or neglect of Trane.Such losses shall include settlements made with the written consent and approval of the Owner.If, however,such loss requires reconstruction and Trane is placed in charge thereof,Trane shall be compensated for such services. i. Minor expenses such as copies, long distance telephone calls,telephone service at the site, express mail services, and similar petty cash items. j. Demolition cost and cost of removal of all debris unless specifically excluded in the Scope of Work. k. Other costs incurred in the performance of the Work if and to the extent approved in advance in writing by the Owner. I. Contingency and Allowances as defined in Sections 2.3 and 2.4 of this ESP m. Cost of equipment startup, training,system verification, commissioning and balancing performed by Trane. n. Construction Bonds, Liability Insurance,and Builder's Risk Insurance. o. Trane fee.This includes Trane's remuneration for compensation of personnel, expenses, risks related to the project,overhead and profit.This is a fixed fee. p. Metering equipment costs for any permanent metering or monitoring equipment left on site. q. Trane shall provide a Schedule of Values at the end of construction bidding.The schedule of values will include all costs related to the installation of equipment,with the exclusion of fixed fee items. Energy Services Proposal—Phase ll,City of Bremerton 2.3 PROJECT CONTINGENCY A project contingency as identified in Table 2.1, Budget Summary, has been established for this project.Trane can expend the contingency after a change order has been approved by the Owner and DES for items necessary to complete the original scope of this project.The intent of the contingency is for"unforeseen conditions" beyond what was originally estimated.Any construction period financing costs shall also be paid from this fund. Trane shall be allowed to mark-up contingency funds expended for this project in accordance with the mark-ups in Table 2.1.Trane,the DES and the Owner will jointly manage any contingency left after the project scope is completed.All unused construction contingency funds shall reduce the overall project cost to the Owner. However,the owner may also elect to use these funds for additional scope not included in the initial proposal. 2.4 ALLOWANCES As agreed by the Owner and DES,Trane may set aside allowances that will be identified in Table 2.1, Budget Summary,for specific areas of work that are a potential cost impact but cannot be determined during the IGA. Should the agreed upon allowance not be adequate, the Owner and DES will be advised,and Trane will be compensated for any additional costs via Change Order to the Contract.If actual costs for scope identified as allowance are less than the allowance amount in Table 2.1,the difference will be allocated to Project Contingency.In extreme situations,Trane may request additional funds to cover cost overruns that could not have been foreseen by either party. No allowance value has been identified for this project. 2.5 ON-GOING SERVICES One year of Measurement and Verification (M&V)is included for this project as defined in Section 4.5 of this ESP.No other on-going services have been proposed. Energy Services Proposal—Phase ll,City of Bremerton 2.6 RECONCILIATION OF LABOR&MATERIAL COSTS The maximum project allowable cost is based on firm negotiated bids or estimated Labor& Material costs developed by Trane.In recognition that actual Labor&Material costs may vary from the estimate,the following procedures are established to reconcile this difference: 1. If actual total Labor&Material costs exceed the estimated Labor&Material costs the additional expense will be borne by Trane without affecting the Owner's payment. 2. If actual total Labor&Material costs are less than the estimated Labor&Material costs,the remaining funds will be retained by the Owner. 2.7 ENERGY SERVICES COMPANY (ESCO) COMPENSATION PAYMENT TERMS Owner shall pay Trane or cause Trane to be paid for the Services as follows: 1. Initial Payment-Upon receipt of notice to proceed and an executed contract, Trane will invoice for the following: a. Investment Grade Audit fee b. Other fees as appropriate including a portion of design,construction management and bonding 2. Monthly Progress Billing a. All materials and equipment delivered to the Premises (or,as applicable,to an off-site storage facility) b. All installation,labor and services performed,less project retention (if applicable) 3. Final Payment-Project Retention DES will review all invoices,and forward them to the Owner. Owner shall pay all amounts due upon receipt of the invoice and any invoice not paid within thirty(30)calendar days of its date shall be past due. FINANCE CHARGES ON UNPAID BALANCES .All amounts outstanding thirty(30)calendar days beyond the due date shall bear interest payable to Trane at the maximum allowable legal rate, retroactive to the due date.Owner shall pay all costs(including attorneys'fees)incurred by Trane in attempting to collect amounts due from the Owner.Finance charges will be paid out of Project Contingency. SUBSTANTIAL AND FINAL COMPLETION Retention will be released within 45 days after receipt of all lien releases,L&I, Revenue and Employment Security certificates and releases by Owner. Energy Services Proposal—Phase N,City of Bremerton When Trane considers that the Services,or a portion thereof,are substantially complete,Trane will submit to Owner a proposed"punch list" listing items of the Services to be completed prior to final completion. Owner and Trane shall inspect the Services(or portion thereof)to determine if the same is substantially complete. Substantial Completion is defined as the stage in the progress of the Services(or designated portion thereof)when.the Owner is receiving beneficial use of Equipment/Services. Owner and Trane shall add to the punch list any item of work that has not been completed. When the Services(or designated portion thereof)are substantially complete,Owner, DES, and Trane shall execute a Certificate of Substantial Completion,setting forth the date of Substantial Completion and shall state the date by which Trane shall complete the items of work included on the punch list. 2.8 TERMS OF AGREEMENT The contract shall be effective and binding upon the parties immediately upon its execution and the period from contract execution until the Commencement Date shall be known as the 'Interim Period:'All energy savings achieved during the interim period will be fully credited to Owner, and may not be used to offset any loss of energy savings during the Guarantee Period. Energy Services Proposal—Phase Il,City of Bremerton TABLE 2.1-BUDGET SUMMARY ICITY OF R MERTON -WASTEWATER TREATMENT PLANT COSTS ECM-1 Replace.Retum.Activated Sludge,Pumps S 606,044 'ECM-2' Replace Aeration Blower ABI or AB4 with New Neuros'Turtio'Blower $ 236,258 ECW3 Headworks;Fan Replacement $ 107,573 ECM-4 Bio-Filter Fan Replacement $ 85,252 Safety/Site Conditions $ 10,351 Site Supervision $ 163,080 Subtotal:Labor and Materials Cost - $ 1,208,558 Construction Bond 1.2% $ 12,546 TOTAL CONSTRUCTION COST 1,221,104. • IGA S 69,795 Engineering Consultant Design Fee $ 191,044 Desi n Fee 1% $ 16,026 Construction Management(=7%of labor&Mat'I) 7.0% S 84,599 Overhead and Profit(=18%of Labor&MaYI) 18.0% $ 217,540. TOTAL ESCO FEES S 5791004' C. OTHER COSTS Project Contingency(Owner) 3%1$ 53,627 ESCO M&V Costs(Year 1) Lump I S 13,714 OTAL•'OTHER COSTS 67,341 D.TOTAL GU ,CONSTRUCTION&ESCO SERVICES 1,867,44 E. • • COSTS DES Fee $ S6,000 Tax 8.7% $ 162,468 TOTAL NON GUARANTEED COSTS 1218,468 F.JOTAL PROJECT COSTi Department Of Commerce Grant 272,172 Estimated Utility Incentives 98,246; Net Project Cost 1,715,499: TABLE 2.2-FINANCIAL PROFORMA ASSUMPTIONS Project Related Capital Costs $ 1081,687 Annual Baseline Electric VTC 3.653.100 kWh Escrosted Utility Incentives f 98.246 Animal Baseline Gas Use- . Therms Estimated Commerce Furtdmg 3 272,172 Annual Baseline Electric Cost' f 291.131 Project Related Capital Costs After Rebates S 718.269 Annual Basin Gas Cost- f - Unit 'No -- Guaranteed Electric Savings 294.740 kWh Customer Lown Payment!Contribution'3 - Projected Gas Sings (hearts Financed Interest Rata. ].am Projected Energy Savmgs $ 25,SS4 Loan Term IYearW 10 Cash Fbw Positive 7 Years Hurdle Rate; 8% Utility Escalation Rate'— 0.0%_ • • rear o 3 3 4 t 6 T a • 10 PERADN%costs Annual UbW Cat f 20L131 s 29L131 1 29L131 f 29L131 t 29LI31 f 291.111 f 29L131 f 29L131 S 29LI31 f 291131 PROJECT RELATED COSTS Deb[Smws•7CapealCa1r S f f f f S S f f f Repim __, Aeration Oliver ABI aA61wMt Nur '--.� J ( i _..... .. _.. •--�---�1 I Mean TWO Mary ----.._._..._.i i _--_--_, 3 3IM701 ----- -- . OWT- EYtea Fan Repl•mnesa -..:-' -1 ._--.-__-`-__� 11$753 _._ _.] _..____.7 C_=.: OP[Mr[CNAL1A9D301 Cub flow cf - -44Lsu »1;na f ua,w 3 351431 t aites2 f »3;144 t• 201331 3 » ua f 2.9&131 .t 29t.3sr Cub f w t t' 411.713 t 732.m t 1.34$347 t' IT 2As4.770 f t3O303 t' t t. ;•35,762 3 m 1:.Ls7;tA1 Year 0 1 2 3 4 3 0 7 4 0 10 OPERATING COSTS Annual UNrq Cat S f 265377 f 265.577 f 265.571 3 265,571 f 26S.S17 1 265,577 1 265.577 S 265377 265.577 f 265.577 PROJECT RELATED COSTS Dein Serwce/Captal Cour 1 7111269 S S f 1 f f f s f S rets 2 is 3 Maawamne aftn6cs.on 1 MUSS S 1%266 ANNUAL UTILM•MAINIENMCE Annual Erb Flow ti 71IL2p t 26"!77 3 273,14/ 1 2T",m t 201371 t 20%m t 261,377 t 205,11" 203.317 s Win awmbops Cash Flow { 7µ2N 3 f0.040 11 1.2"".70! IT 3533.372 I S Lot.IM 2.a4rn t 2.3)2.303 0 7307.000 t 2.063.436 I t RAM0113 t X2114610 s..bge t (71aJNl s 376.1"6 3 13.263 11 114631 s tff34 f 1s43 and t zi.5541 3 211,1154111 35.334 t 2113s4 OWAd•lsee 3 ("MUM t t34L (sµ6411 f (3.2.223) f p64v1t 136314 f 35.141 f titin f Mia 3 OLao t 117.4 Da 71% NPV to �s4tlb It6 $117.414 Nola:Ceplid Cant Avoidance and Operational Savings provided 0y lib of Elimination and will not be 1Wvsnived br Tam Nes•:Errs.,Savings shown in This proforma we based on 00%of sew cslnuleted enera sawkw to `TAT,O,p 4 f• n lly- e 15 9 STATE OF WASHINGTON DEPARTMENT OF ENTERPRISE SERVICES 15o0 Jefferson St.SE,Olympia,WA 98501 PO Box 41476,Olympia,WA 98504-1476 September 29, 2014 TO: Chal Martin, City of Bremerton FROM: Kim Obi, Contracts Specialist, (360) 407-8273 RE: Authorization No. 2013-111 B (2) Amendment No. 1 Project Title Bremerton WWTP Phase 2 Trane U.S., Inc. SUBJECT: Funding Approval The Department of Enterprise Services, E&AS, requires funding approval for the above referenced contract document(s). The amount required is as follows: Design & Implementation of Energy Conservation Measures $509,209.00 First Year Measurement&Verification $ 13,714.00 Sales Tax (8.7%) (includes tax on audit&proposal) $ 51,566.47 TOTAL $574,489.47 In accordance with the provisions of RCW 43.88, the signature affixed below certifies to the Facilities Division, Engineering & Architectural Services that the above identified funds are appropriated, allotted or that funding will be obtained from other sources available to the using client/agency. The using/client agency bears the liability for any issues related to the funding for this project. By Name/Title Date Please sign and return this form to E&AS. If you have any questions, please call me. 2013111Bamdifundko ssAIgo�. b v EA STATE OF WASHINGTON DEPARTMENT OF ENTERPRISE SERVICES 1500 Jefferson St.SE,Olympia,WA 98501 PO Box 41476,Olympia,WA 98504-1476 September 29, 2014 TO: Chal Martin, City of Bremerton FROM: Kim Obi, Contracts Specialist, (360)407-8273 RE: Contract No. 2013-111 H (2-1) Bremerton WWTP Upgrades - Phase 2 Trane U.S., Inc. SUBJECT: Funding Approval The Department of Enterprise Services, E&AS, requires funding approval for the above referenced contract document. The amount required is as follows: ESCO Contract Amount $ 1,221,104.00 Sales Tax (8.7%) $ 106,236.05 Contingency Amount(with Tax) $ 58,292.48 Total $ 1,385,632.53 In accordance with the provisions of RCW 43.88, the signature affixed below certifies to the Facilities Division, Engineering & Architectural Services that the above identified funds are appropriated, allotted or that funding will be obtained from other sources available to the using client/agency. The using/client agency bears the liability for any issues related to the funding for this project. By Name/Title Date Please sign and return this form to E&AS. If you have any questions, please call me. 2013111Hcontfundko INTERAGENCY Amendment Department of Enterprise Services Date: September 29,2014 Agreement No: KI 186 Project No.: 2013-111 H(2-1) _ Amendment No: 2 Interagency Agreement Between the State of Washington Department of Enterprise Services and City of Bremerton The parties to this Agreement,the Department of Enterprise Services,Facilities Division, Engineering&Architectural Services,hereinafter referred to as"DES",and City of Bremerton, hereinafter referred to as the"CLIENT AGENCY",hereby amend the Agreement as follows: 1. Statement of Work DES shall furnish the necessary personnel and services and otherwise do all things necessary for or incidental to the performance of the work set forth in Attachment"A-1"and Attachment"C-1",attach ed hereto and incorporated herein by reference. Unless otherwise specified,DES shall be responsible for performing all fiscal and program responsibilities as set forth in AttachmenY"A-I"and Attachment"C-1". Energy/Utility Cons I'ation projects shall be authorized by Amendment to this Agreement. 1.1 Bremerton Wastewater Treatment Plant Upgrades outlined in the Trane U.S.,Inc. Energy Services Proposal dated January 30,2013. 1.2 Bremerton Wastewater Treatment Plant Upgrades—Phase 2 outlined in the Trane U.S.,Inc IEnergy Services Proposal dated September 26,2014. Attachment"A"Scope of Work Energy/Utility Conservation Projects Management Services is revised to Attachment"A-1"and Attachment"C"Scope of Work Energy/Utility Conservation Projects Monitoring Services is revised to Attachment"C-1"to update the Statewide Energy Performance Contracting Program Master Energy Services Agreement number from Agreement No. 2011-169 to Agreement No. 2013-133,attached hereto and incorporated herein by ireference. 3. Period of Performance e Subject to its other provisions,the period of performance of this Agreement shall commence on September 12,20121 and be completed on December 31,2018 unless altered or amended as provided herein. Interagency Agreement No.K1186 Page 1 of 3 l 4. Consideration Compensation under this Agreement shall be by Amendment to this Agreement for each authorized project. Each Amendment will include a payment schedule for the specific project. For Project Management Services provided by DES under Attachment"A"of this Agreement,the CLIENT AGENCY will pay DES a Project Management Fee for services based on the total project value per Project Management Fees Schedule set forth in Attachment`B". If the CLIENT AGENCY decides not to proceed with an Energy/Utility Conservation project that meets the CLIENT AGENCY's cost effective criteria,then the CLIENT AGENCY will be charged a Termination Fee per Attachment"B". The Termination Fee will be based on the estimated Total Project Value outlined in the Energy Audit and Energy Services Proposal prepared by the Energy Services Company(ESCO). If measurement and verification services are requested by the CLIENT AGENCY and provided by DES under Attachment"C"of this Agreement,the CLIENT AGENCY will pay DES $2,000.00 annually for each year of monitoring and verification services requested. Compensation for services provided by the ESCO shall be paid directly to the ESCO by the CLIENT AGENCY,after DES has reviewed,approved and sent the invoices to the CLIENT AGENCY for payment. 4.1 Energy Project Management Fee for the work described in Section 1.1 is$60,000.00. Anticipated billing date for this Amendment is December 31,2013. 4.2 Energy Project Management Fee for the work described in Section 1.2 is 356,000.00. Anticipated billing date for this Amendment is August 1,2015. The new total Agreement value is.$116,000.00. This Amendment also,revises the Interagency Reimbursement Costs outlined in Attachment "B"of the Agreementy reflect the current DES project management fees. A new Attachment"B-1"is included with this Amendment. Interagency Agreement No.K1186 Page 2 of 3 All sections above have been fully amended and are shown in their entirety. All other terms and conditions of this Agreement remain in full force and effect. The requirements of RCW 39.34.030 are satisfied by the underlying Agreement and are incorporated by reference herein. Each party signatory hereto,having first had the opportunity to read this Amendment and discuss the same with independent legal counsel,in execution of this document hereby mutually agree to all terms and conditions contained herein,and as incorporated by reference in the original Agreement. City of Bremerton Department of Enterprise Services Facilities Division Engineering&Architectural Services William J.Frare,P.E. Public Works Administrator Title Date Title Date Kl 186amd2ko Interagency Agreement No.K1186 Page 3 of 3 ATTACHMENT A-1 Scope of Work Energy/Utility Conservation Projects Management Services Statewide Energy Performance Contracting Program Master Energy Services Agreement No. 2013-133 DES will provide the following project management services for each specific project for the CLIENT AGENCY. Each individual project shall be authorized by Amendment to this Agreement. 1. Assist the CLIENT AGENCY in the selection of an Energy Service Company(ESCO) consistent with the requirements of RCW 39.35A for local governments;or 39.35C for state agencies and school districts. 2. Assist in identifying potential energy/utility conservation measures and estimated cost savings. 3. Negotiate scope of work and fee for ESCO audit of the facility(s). 4. Assist in identifying appropriate project funding sources and assist with obtaining project funding. 5. Assist in negotiating the technical, financial and legal issues associated with the ESCO's Energy Services Proposal. 6. Review and recommend approval of ESCO energy/utility audits and Energy Services Proposals. 7. Provide assistance during the design,construction and commissioning processes. 8. Review and approve the ESCO invoice vouchers for payment. 9. Assist with final project acceptance. 10. Provide other services as required to complete a successful energy performance contract. . Interagency Agreement No.K1186 ATTACHMENT B-1 Fee Schedule 2013-15 Interagency Reimbursement Costs for Project Management Fees to Administer Energy/Utility Conservation Projects PROJECT TOTAL PROJECT VALUE MANAGEMENT FEE TERMINATION 5,000,001.......6,000,000.................................. $66,000................................ 25,700 4,000,001.......5,000,000................................... 65,000................................ 25,400 3,000,001.......4,000,000................................... 64,000................................ 25,000 2,000,001.......3,000,000................................... 60,000................................ 23,400 1,500,001.......2,000,000................................... 56,000................................ 21,800 1,000,00 1,500,000................................... 49,500................................ 19,300 900,001...... 1,000,000................................... 42,000................................ 16,400 800,001.........900,000................................... 39,600................................ 15,400 700,001.........800,000................................... 36,800................................ 14,400 600,001.........700,000:.................................. 35,000................................ 13,700 500,001.........600,000................................... 32,400................................ 12,600 400,001.........500,000................................... 29,000................................ 11,300 300,001.........400,000.:.................................. 24,800................................ 9,700 200,001.........300,000................................... 19,800................................. 7,700 100,001.........200,000.:.................................. 13,800................................. 5,400 .............. --,................. 7,500................................. 3,500 50,001.........100,000 20,001...........50,000:.................................... 4,000................................. 2,000 0...........20,000 .................................... 2,000................................. 1,000 The project management fee on projects over$6,000,000 is 1.1%of the project cost. The maximum DES termination fee is$25,700. 1. These fees cover project management services for energy/utility conservation projects managed by DES's Energy Program. 2. Termination fees cover the selection and project management costs associated with managing the ESCO's investment grade audit and proposal that identifies cost effective conservation measures if the CLIENT AGENCY decides not to proceed with the project through DES. 3. If the project meets the CLIENT AGENCY's cost effectiveness criteria and the CLIENT AGENCY decides not to move forward with a project,then the CLIENT AGENCY will be invoiced per Attachment B Termination or$25,700.00 whichever is less. If the CLIENT AGENCY decides to proceed with the project then the Agreement will be amended per Attachment B for Project Management Fee. 4. If the audit fails to produce a project that meets the CLIENT AGENCY's established Cost Effectiveness Criteria;then there is no cost to the CLIENT AGENCY and no further obligation by the CLIENT AGENCY. Interagency Agreement No.K1186 Rev.3/12/2012 ATTACHMENT C-1 Scope of Work Energy/Utility Conservation Projects Monitoring Services Statewide Energy Performance Contracting Program Master Energy Services Agreement No. 2013-133 If requested DES will provide the following monitoring services for each specific project for the CLIENT AGENCY. 1. Monitor actual energy'use and dollar costs,compare with the ESCO's annual Measurement and Verification(M&V)report and any ESCO guarantee,resolve differences,if needed,and approve any vouchers for payment. 2. Monitor facility operations including any changes in operating hours,changes in square footage,additional energy consuming equipment and negotiate changes in baseline energy use which may impact.energy savings. 3. Provide annual letter report describing the ESCO's performance,equipment performance and operation, energy savings and additional opportunities,if any,to reduce energy costs. Interagency Agreement No.K1,186 ESCO Contract No. 2013-111 H(2-1) Project Bremerton W W1P Upgrades- Phase 2 Agency City of Bremerton Date September 29, 2014 STATE OF WASHINGTON ENERGY SERVICE COMPANY(ESCO) CONSTRUCTION CONTRACT For the FACILITIES DIVISION. ENGINEERING&ARCHITECTURAL SERVICES This Energy Service Company(ESCO) Construction Contract,made and entered into this 29th day of September, 2014, shall be the agreed basis of performing the following work by and between the State of Washington, City of Bremerton acting through the Department of Enterprise Services, Facilities Division,Engineering&Architectural Services,hereinafter referred to as the Owner, and Trane U.S., Inc. 2333 158th Court NE Bellevue, WA 98008 Telephone (425) 586-1648 E-mail Michele.ableman cni irco.com hereinafter referred to as the ESCO or Contractor. i WITNESSETH: Whereas the parties hereto have mutually covenanted and by these presents do covenant and agree with each other as follows: FIRST: The said ESCO agrees to furnish all permits,material,labor,tools,equipment,apparatus, facilities, etc.,necessary to perform and complete in a workmanship like manner the work called for in the attached Scope of Work, Energy Services Proposal dated September 26, 2014 for: Energy Services Authorization No. 2013-111 B (2) Master Energy Services Agreement No. 2013-133 L(12) Audits and Proposals for this project were prepared by the ESCO according to the terms of the Contract Documents which include,but are not limited to,the Master Energy Services Agreement,Energy Services Authorization(s),the accepted Proposal, Conditions of the Master Energy Services Agreement, Instructions to Bidders/General Conditions/Supplemental Conditions For State Facility Construction, EPC Modifications to Instructions to Bidders/ General Conditions/Supplemental Conditions For State Facility Construction,Addenda, Specifications,Drawings,Bond, and this Construction Contract. SECOND: 'Time of Completion: The work to be performed under this contract shall commence as soon as the ESCO has been officially notified to proceed and shall be substantially complete within 270 consecutive calendar days after the date of Notice to Proceed. ESCO Construction Contract No.2013-111 H(2-1) Pagel of 3 THIRD: The apprenticeship labor hours required for this project are 15%of the total labor hours. The undersigned agrees to utilize this level of apprentice participation. Voluntary workforce diversity goals for this apprentice participation are identified in the Instructions to Bidders and I Supplemental Conditions. j i I FOURTH: In consideration of the Performance of the Work,herein contained on the part of the ESCO, the Owner hereby agrees to pay the ESCO for said work completed according to the Contract Documents, for not more than the sum of$1,221,104.00,plus 8.7% state sales tax consisting of the following: ESCO Contract Cost $1,221,104.00 The ESCO shall bond this contract at 100%of the construction contract cost,plus Washington State sales tax,per Section 2.04 of the General Conditions for Washington State Energy Savings Performance Contracting. The construction value plus contingency is a guaranteed maximum not-to-exceed cost and final payment to the ESCO shall be reconciled to reflect the actual installed cost provided it does not exceed the guaranteed maximum cost. FIFTH: ESCO payments to subcontractors and materialmen shall not be contingent upon the ESCO receiving payment from the Owner. Unless otherwise agreed upon, payment to the ESCO shall be made only after completion of the energy efficiency measure(s) and the ESCO has issued a Notice of Commencement of Energy Savings and the Owner has accepted such Notice. IN WITNESS WHEREOF: The said Department of Enterprise Services,Engineering& Architectural Services,has caused this ESCO Construction Contract to be subscribed in its i. behalf, and the said ESCO has signed this ESCO Construction Contract the day and year first above written. ESCO: Owner: Trane U.S., Inc. City of Bremerton acting through the Dept. of Enterprise Services,Facilities Division Engineering&Architectural Services By By Name Name William J. Frare,P.E. Title Title Public'Works Administrator Date Date WA State Contractor's License No. TRANE**934RE Federal Tax ID No. 25-0900465 UBI Number 409 002 086 MWBE Certification No. 201311 Mcontractko ESCO Construction Contract No. 2013-111 H(2-1) Page 2 of 3 i I September 29, 2014 i SCOPE OF WORK ESCO No. 2013-111 11 (2-1) Bremerton WWTP Upgrades - Phase 2 City of Bremerton Furnish and install the energy efficiency measures, including any and all necessary ancillary equipment, as described in the City of Bremerton Energy Services Proposal dated September 26, 2014. i i ESCO Construction Contract No.2013-111 H(2-1) Page 3 of 3 j AGENDA BILL 8S CITY OF BREMERTON CITY COUNCIL ........................................................................................ SUBJECT: Kitsap County Human Services Study Session Date: October 8, 2014 1/10th of 1% Mental Health, Chemical COUNCIL MEETING Date: October 15, 2014 Dependency and Therapeutic Courts Department: Police Contract Presenter: Pete Fisher Phone: (360) 473-5236 SUMMARY: Funding to provide training to commissioned personnel in Crisis Intervention and Triage. Training will aid law enforcement in contacting, evaluating, and assisting the large population of mentally ill which consists of all ages and genders. The proposal adds to the training of first responding law enforcement officers to help evaluate, deescalate, and obtain treatment services for subjects having mental and or substance abuse issues in the community. ATTACHMENTS: Agreement FISCAL IMPACTS (Include Budgeted Amount): Grant funding of $117,000 has been awarded to the City for this project and reimbursable at 100%. Training costs for 2014 is estimated at$40,000 and $77,000 for 2015. STUDY SESSION AGENDA: ❑ No Presentation 0 Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda 0 General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the contract with Kitsap County Human Services in the amount of $117,000 and authorize the Mayor to finalize and execute the contract with substantially the same terms and conditions as presented upon acceptance of the grant funding. Further move to adjust the budget to recognize the additional revenue from Kitsap County Human Services to reimburse the City's costs for the project for 2014. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/25/13 KITSAP COUNTY HUMAN SERVICES 1/10th of 1% Mental Health, Chemical Dependency and Therapeutic Courts Contract Contract Number: KC-206-14 Contractor: City of Bremerton Amount: $117,700 Contract Term: Sept. 1, 2014 —Aug. 31, 2015 CFDA#: Not applicable Purpose: This project will provide funding to provide training to all 324 commissioned law enforcement officers in Kitsap County in Crisis Intervention/Triage. The training will take place between 9/1/14 —8/31/15. The training will consist of eight eight-hour classes of Crisis Intervention Training (1St responders), two 40-hour Crisis Intervention Response Team training classes, and four two-hour Crisis Intervention Response Team meetings. Funding will cover the cost of the instructors, facilitators, incidentals and overtime for the attending officers/deputies. This contract is made between the City of Bremerton (hereinafter"Contractor") and the Kitsap County Human Services Department (hereinafter the "County"). This notification of contract including all material incorporated by reference contains all terms and conditions agreed to by the parties hereto. No other understandings, oral or otherwise, regarding the subject matter of this agreement shall be deemed to exist or to bind any of the parties hereto. The rights and obligations of the parties shall be subject to and governed by the terms and conditions contained herein and by the Statement of Work, General Agreement, Special Terms and Conditions, and the Budget. In the event of any inconsistency in this notification of contract including the items incorporated herein by reference, the inconsistency shall be resolved by giving precedence in the following order: (1) General Agreement; (2) Special Terms and Conditions; (3) Statement of Work; and (4) Budget. As evidenced by signatures hereon, the parties accept the terms and conditions of this contract. KC-206-City of Bremerton 9-9-14 KC-206-14 Dated this _day of ,2014. Dated this _ day of , 2014. CONTRACTOR KITSAP COUNTY BOARD OF CITY OF BREMERTON COMMISSIONERS Patty Lent, Mayor Charlotte Garrido, Chair Robert Gelder, Commissioner Linda Streissguth, Commissioner ATTEST: Dana Daniels, Clerk of the Board Approved as to form by the Prosecuting Attorney's Office KC-206-City of Bremerton 9-9-14 2 1/10TH OF 1% MENTAL HEALTH, CHEMICAL DEPENDENCY AND THERAPEUTIC COURTS CONTRACT GENERAL TERMS AND CONDITIONS SECTION 1. EFFECTIVE DATE OF CONTRACT The Contract will become effective on September 1, 2014 and terminate on August 31, 2015. In no event will the Contract become effective unless and until it is approved and executed by the Kitsap County Board of Commissioners. SECTION 2. SERVICES TO BE PROVIDED 2.1 A description of the services to be performed by the Contractor is set forth in Attachment B: Statement of Work, which is attached to the Contract. 2.2 The Contractor agrees to provide its own labor and materials. Unless otherwise provided for in the Contract, no material, labor or facilities will be furnished by the County. 2.3 The Contractor will perform the work specified in the Contract according to standard industry practice. 2.4 The Contractor will complete its work in a timely manner and in accordance with the schedule agreed to by the parties. 2.5 The Contractor will confer with the County from time to time during the progress of the work. The Contractor will prepare and present status reports and other information that may be pertinent and necessary, or as may be requested by the County. SECTION 3. CONTRACT REPRESENTATIVES The County and the Contractor will each have a contract representative. A party may change its representative upon providing written notice to the other party. The parties' representatives are as follows. Contractor's Contract Representative County's Contract Representative Steven Strachan Doug Washburn, Director Bremerton Police Chief Kitsap County Dept. of Human Services 1025 Burwell Street 614 Division St., MS-23 Bremerton, WA 98337 Port Orchard, WA 98366-4676 KC-206-City of Bremerton 9-9-14 3 SECTION 4. COMPENSATION 4.1 A description of the compensation to be paid to the Contractor is set forth in Attachment C: Budget Summary, which is attached to the Contract. 4.2 The total amount payable under the Contract by the County to the Contractor in no event will exceed $117,700. Any cost incurred by Contractor over and above the year-end sums set out in the budgets shall be at the Contractor's sole risk and expense. 4.3 Unless otherwise provided in the Contract, the Contractor may submit an invoice to the County once a month for payment of work actually completed to date. Contractor shall use the Human Services Department Contractor Invoice Form, available from the County. Subject to the other provisions of the Contract, the County generally will pay such an invoice within 30 days of receiving it. 4.4 The County will submit payments for work performed to; City of Bremerton 1025 Burwell Street Bremerton, WA 98337 4.5 The Contractor will be paid only for work expressly authorized in the Contract. 4.6 Payments shall not be construed as a waiver of the County's right to challenge the level of the Contractor's performance under this Contract and to seek appropriate legal remedies. 4.7 The Contractor 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. 4.8 If the Contractor fails to perform any substantial obligation and the failure has not been cured within 10 days following notice from the County, the County may, in its sole discretion and upon written notice to the Contractor, withhold all monies due the Contractor, without penalty, until such failure to perform is cured. 4.9 The Contractor shall pay no wages in excess of the usual and accustomed wages for personnel of similar background, qualifications and experience. 4.10 The Contractor shall pay no more than reasonable market value for equipment and/or supplies. KC-206-City of Bremerton 9-9-14 4 SECTION 5. AMENDMENTS AND CHANGES IN WORK 5.1 In the event of any errors or omissions by the Contractor in the performance of any work required under the Contract, the Contractor will make all necessary corrections without additional compensation. All work submitted by the Contractor will be certified and checked by the Contractor for errors and omissions. The Contractor will continue to be responsible for the accuracy of work even after the work is accepted by the County. 5.2 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, amendment or modification may not commence until the renewal, amendment or modification has been approved by the County and has become effective. 5.3 Either party may request that the Contract terms be renegotiated when circumstances, which were neither foreseen nor reasonably foreseeable by the parties at the time of contracting, arise during the period of performance of the Contract. Such circumstances must have a substantial and material impact upon the performance projected under this Contract and must be outside the control of either party. SECTION 6. HOLD HARMLESS AND INDEMNIFICATION Each party agrees to defend and indemnify the other party and its elected and appointed officials, officers, employees and agents against all claims, losses, damages, suits and expenses, including reasonable attorneys' fees and costs, to the extent they arise out of, or result from, the performance of the Contract by the indemnitor or its elected or appointed officials, officers, employees, volunteers, subcontractors and agents. The indemnitor's duty to defend and indemnify extends to claims by the elected or appointed officials, officers, employees, volunteers or agents of the indemnitor and by any contractor or subcontractor of indemnitor. The indemnitor waives its immunity under Title 51 (Industrial Insurance) of the Revised Code of Washington solely for the purposes of this provision and acknowledges that this waiver was mutually negotiated. This provision shall survive the expiration or termination of the Contract. Should a court of competent jurisdiction determine that this Contract 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 parties, their officers, officials, employees, agents and volunteers, the at-fault party's liability hereunder shall be only to the extent of the at-fault party's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS INDEMNIFICATION CONSTITUTES THE PARTIES' WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS .INDEMNIFICATION. THE PARTIES ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Contract. KC-206-City of Bremerton 9-9-14 5 SECTION 7. INSURANCE 7.1 Workers' Compensation and Employer Liability. The Contractor will maintain workers' compensation insurance as required by Title 51, Revised Code of Washington, and will provide evidence of coverage to the Kitsap County Risk Management Division. If the Contract is for over $50,000, then the Contractor will also maintain employer liability coverage with a limit of not less than $1 million. Any additional workers' compensation requirements can be found in Attachment A, Special Terms and Conditions. 7.2 Commercial General Liability. The Contractor will maintain commercial general liability coverage for bodily injury, personal injury and property damage, subject to a limit of not less than $1 million per occurrence. The general aggregate limit will apply separately to the Contract and be no less than $2 million. The Contractor will provide commercial general liability coverage that does not exclude any activity to be performed in fulfillment of the Contract. Specialized forms specific to the industry of the Contractor will be deemed equivalent provided coverage is no more restrictive than would be provided under a standard commercial general liability policy, including contractual liability coverage. 7.3 Automobile Liability. The Contractor will maintain automobile liability insurance as follows (check ONE of the following options): X Not Applicable. 7.4 Miscellaneous Insurance Provisions A. The Contractor's liability insurance provision will be primary with respect to any insurance or self.-insurance programs covering the County, its elected and appointed officers, officials, employees and agents. B. The Contractor's commercial general liability insurance and automobile liability insurance (if applicable) will include the County, its officers, officials, employees and agents as additional insureds with respect to performance of services. C. The Contractor's commercial general liability insurance and automobile liability insurance (if applicable) will contain no special limitations on the scope of protection afforded to the County as an additional insured. D. Any failure to comply with reporting provisions of the policies will not affect the coverage provided to the County, its officers, officials, employees or agents. E. The Contractor's insurance will apply separately to each insured against whom claim is made or suit is brought subject to the limits of the insurer's liability. KC-206-City of Bremerton 9-9-14 6 F. All coverage for subcontractors will be subject to all of the requirements stated in these provisions. G. 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. H. The Contractor will maintain all required policies in force from the time services commence until services are completed. Certificates, policies and endorsements scheduled to expire before completion of services will be renewed before expiration. If the Contractor's liability coverage is written as claims-made-policy, then the Contractor must evidence the purchase of an extended-reporting period or"tail" coverage for a three-year period after completion of the services. 7.5 Verification of Coverage and Acceptability of Insurers. A. The Contractor will 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. The Contractor will furnish the County with properly executed certificates of insurance or a signed policy endorsement which will clearly evidence all insurance required in this Section before work under this Contract shall commence. The certificate will, at a minimum, list limits of liability and coverage. The certificate will provide that the underlying insurance contract may not be canceled, or allowed to expire, except on prior written notice to the County. The Contractor is self-insured to $500,000; notice to the County shall be given according to Contractor's policy conditions. C. The Contractor will furnish the County 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 County as an additional insured, or a letter of self-insurance from a public entity risk pool which waives the requirement. D. Certificates of insurance will show the certificate holder as Kitsap County and indicate "care of the appropriate County office or department. The address of the certificate holder will be shown as the current address of the appropriate County office or department. E. The Contractor is self-insured and will provide verification to the County. KC-206-City of Bremerton 9-9-14 7 F. Evidence of such insurance, as required above, shall be provided to the County at the following address: Risk Management Division Kitsap County Department of Administrative Services 614 Division Street, MS-7 Port Orchard, WA 98366 G. Written notice of cancellation or change will be mailed to the County Risk Management Division as provided above. H. The Contractor or its broker will provide a copy of all insurance policies specified in the Contract upon request of the Kitsap County Risk Manager. SECTION 8. TERMINATION 8.1 Either party may terminate the Contract in whole or in part upon ten (10) days written notice whenever the party determines, in its sole discretion, that such termination is in its best interest. In that event, the County 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 effective, the County may summarily terminate the Contract notwithstanding any other termination provision in the Contract. Termination under this provision will be effective upon the date specified in the written notice of termination sent by the County to the Contractor, or upon receipt of the notice by Contractor, whichever is later. No costs incurred after the effective date of termination will be paid. 8.3 If the Contractor 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 County, the County may terminate the Contract. In that event, the County will pay the Contractor only for the costs of services accepted by the County. SECTION 9. ASSIGNMENT, DELEGATION AND SUBCONTRACTING 9.1 Contractor is authorized to hire instructors and related personnel to perform the duties under this Contract. 9.2 The Contractor is responsible for subcontractor compliance with applicable terms and conditions of this Contract and all applicable laws. 9.3 The Contractor 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 the Contractor, any fee, commission percentage, brokerage fee, gift or other consideration (i.e. "kickbacks") contingent upon or resulting from the award or making of the Contract. KC-206-City of Bremerton 9-9-14 8 SECTION 10. INDEPENDENT CONTRACTOR 10.1 The Contractor's services will be furnished by the Contractor as an independent contractor and not as an employee, agent or servant of the County. The Contractor will perform the services in strict accordance with the provisions of the Contract, but will be free from control or direction by the County over the performance of the services. 10.2 The Contractor warrants that it maintains a separate set of books or records that reflect all items of income and expenses of the business that the Contractor is conducting. 10.3 The Contractor acknowledges that the entire compensation for the Contract is set forth in the compensation provisions of the Contract and that the Contractor is not entitled to any County 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 County employees or agents. 10.4 In the event that any of the Contractor's employees, agents, servants or subcontractors, carry on activities or conduct themselves in any manner which may either jeopardize the funding of this Contract or indicates that they are unfit to provide those services as set forth within, the Contractor shall be responsible for taking adequate measure to prevent said employee, agent or servant from performing or providing any such services. 10.5 The Contractor will hold harmless, indemnify and defend the County, its officers, officials, employees and agents from and against any loss or expense, including, but not limited to, settlements, judgments, set-offs, attorneys' fees or costs, incurred or suffered by reason of claims or demands arising in connection with the provisions of this Section. SECTION 11. COMPLIANCE WITH LAWS 11.1 The Contractor, its employees, 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, veteran status or the presence of disability. 11.2 The Contractor, its employees, assignees, delegates and subcontractors will comply with all applicable provisions of the Americans With Disabilities Act and all regulations interpreting and enforcing such act. 11.3 The Contractor and its subcontractors, employees, agents, assignees and representatives will comply with all applicable federal, state and local laws, rules and regulations in their performance under the Contract. KC-206-City of Bremerton 9-9-14 9 SECTION 12. DOCUMENTATION AND OWNERSHIP OF MATERIALS 12.1 The Contractor will maintain readily accessible records and documents sufficient to provide an audit trail needed by the County to identify the receipt and expenditure of funds under this Contract, and to keep on record all source documents such as time and payroll records, mileage reports, supplies and material receipts, purchased equipment receipts, and other receipts for goods and services. 12.2 An electronic copy of all word processing documents will be submitted to the County upon request or at the end of the job using the word processing program and version specified by the County. SECTION 13. PATENT/COPYRIGHT INFRINGEMENT The Contractor will hold harmless, indemnify and defend the County, its officers, officials, employees and agents, from and against any claimed action, cause or demand brought against the County, where such action is based on the claim that information supplied by the Contractor or subcontractor infringes any patent or copyright. The Contractor will be notified promptly in writing by the County of any notice of such claim. SECTION 14. DISPUTES Differences, disputes and disagreements between the Contractor and the County arising under or out of the Contract will be brought to the attention of the County at the earliest possible time so that the matter may be settled or other appropriate action promptly taken. Any dispute relating to the quality or acceptability of performance or compensation due the Contractor will be decided by the County's contract representative or designee. All rulings, orders, instructions and decisions of the County's contract representative will be final and conclusive, subject to the right to pursue a judicial remedy pursuant to Section 16.2 below. SECTION 15. ATTORNEY'S FEES In any claim or lawsuit for damages arising from the parties' performance of this Contract, each party shall be responsible for payment of its own legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit; however, nothing in this subsection shall limit the parties' right to indemnification under Section 6 of this Contract. SECTION 16. CHOICE OF LAW, JURISDICTION AND VENUE 16.1 The Contract will be construed as having been made and delivered within the State of Washington, and it is agreed by each party that the Contract will be governed by the laws of the State of Washington, both as to its interpretation and performance. 16.2 Any action at law, suit in equity or other judicial proceeding arising under or out of the Contract may be instituted and maintained only in a court of competent jurisdiction in Kitsap County, Washington. KC-206-City of Bremerton 9-9-14 10 SECTION 17. MISCELLANEOUS 17.1 Authority. The Contractor certifies that it has the legal authority to apply for the funds covered under this Contract. 17.2 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. 17.3 Remedies. All remedies provided for in this Contract will be construed as cumulative and will be in addition to any other remedies provided by law. 17.4 Tax Payments. The Contractor will pay all applicable federal, state and local taxes, fees (including licensing fees) and other amounts. 17.5 Conflict of Interest. The Contractor will avoid organizational conflicts of interest or the appearance of a conflict of interest in disbursing contract funds for any purpose and in the conduct of procurement activities. The Contractor will ensure that its subcontractors, employees, agents or representatives avoid conflicts of interest or the appearance of a conflict of interest in disbursing contract funds for any purpose and in the conduct of procurement activities. 17.6 Records Inspection and Retention. The County may, at reasonable times, inspect the books and records of the Contractor relating to the performance of the Contract. The Contractor will retain for audit purposes all Contract-related records for at least six years after termination of the Contract. 17.7 Publication. The Contractor will not publish any results of the works performed under this Contract without the advance written permission of the County. 17.8 County Review. The County may, at reasonable times, review and monitor the financial and service components of the program as established by the Contractor by whatever means are deemed expedient by the Board of County Commissioners, or its respective delegates. Such review may include, but is not limited to, with reasonable notice, on-site inspection by County agents or employees, inspection of all records or other materials which the County deems pertinent to the Contract and its performance, except those deemed confidential by law. 17.9 Successors and Assigns. The County, to the extent permitted by law, and the Contractor each bind themselves, their partners, successors, executors, administrators and assigns to the other party to the Contract and to the partners, successors, administrators and assigns of such other party in respect to all covenants to the Contract. KC-206-City of Bremerton 9-9-14 17.10 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. 17.11 Attachments. The parties acknowledge that the following attachments, which are attached to this Contract, are expressly incorporated by this reference: Attachment A—Special Terms and Conditions Attachment B —Statement of Work Attachment C — Budget Summary Attachment D —Certification Regarding Debarment, Suspension, and Other Responsibility Matters In the event of an inconsistency between these General Terms and Conditions and the attachments, precedence shall be given in the following order: (1) General Terms and Conditions; (2) Statement of Work; (3) Budget Summary/Estimated Expenditures, (4) Certification Regarding Debarment, Suspension, and Other Responsibility Matters. 17.12 Whole 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. 17.13 Notices. Any notice will be effective if personally served upon the other party or if mailed by registered or certified mail, return receipt requested, to the addresses set out in the contract representatives 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. KC-206-City of Bremerton 9-9-14 12 ATTACHMENT A: SPECIAL TERMS and CONDITIONS 1/101h of 1% Mental Health, Chemical Dependency and Therapeutic Courts Purpose The purpose of funding provided through this contract is to augment state and federal funding of mental health, chemical dependency and therapeutic court programs and services with the goal of preventing and reducing the impacts of disabling chemical dependency and mental illness by creating and investing in effective, data driven programs for a continuum of recovery-oriented systems of care per RCW 82.14.460. Funding must be used solely for the purpose of providing for the operation or delivery of chemical dependency or mental health treatment programs and services and for the operation or delivery of therapeutic court programs and services. No funding provided under this contract may be used to supplant existing funding for these programs. Collaboration and Collective Impact The Contractor shall take the initiative to work with other systems to reduce fragmentation or duplication and to strengthen working relationships utilizing collective impact strategies. The Contractor will provide quarterly updates on collaborative efforts and outreach activities that will include issues mutually identified by the Contractor and respective systems that can be addressed through collective impact strategies. Examples of such systems include; criminal justice, corrections, juvenile rehabilitation, mental health, aging, veterans, child protection and welfare, adult protection and welfare, education, juvenile justice, housing, employment services, primary health care plans and other publicly-funded entities promoting substance abuse and mental health services. All agencies providing services to working age adults and youth shall establish a connection with the local WorkSource system to ensure people have access to employment training and placement services. Identification and Coordination of Available Funding Sources The Contractor is required to identify and coordinate all available funding resources to pay for the mental health and chemical dependency services funded by this contract, including Federal (Medicaid and Affordable Care Act, etc.), State, local, private insurance and other private sources. The 1/10th of 1% funding should be utilized as a Payor of Last Resort. Contractor will provide a report by December 31 and June 30 each year funding is received under this grant detailing what other funding sources have been investigated, what the outcome was and what the future potential for alternative funding. KC-206-City of Bremerton 9-9-14 13 Requirements. Background Checks (RCW 43.43, WAC 388-877 & 388-877B) The Contractor shall ensure a criminal background check is conducted for all staff members; case managers, outreach staff members, etc.; or volunteers who have unsupervised access to children, adolescents, and vulnerable adults. Services and Activities to Ethnic Minorities and Diverse Populations. The Contractor shall: Ensure all services and activities provided by the Contractor under this Contract shall be designed and delivered in a manner sensitive to the needs of all ethnic minorities. Initiate actions to ensure or improve access, retention, and cultural relevance of treatment, prevention or other appropriate services, for ethnic minorities and other diverse populations in need of treatment and prevention services as identified in their needs assessment. Audit Requirements If the Contractor is subject to OMB Circular A-133, the County shall require a copy of the completed Single Audit and ensure corrective action is taken for any audit finding, per A-133 requirements. KC-206-City of Bremerton 9-9-14 14 ATTACHMENT B: STATEMENT OF WORK Law Enforcement Crisis Intervention Training Project Description This project will provide funding to provide training to 324 commissioned law enforcement officers in Kitsap County in Crisis Intervention/Triage. The training will take place between 9/1/14 —8/31/15. The training will consist of: (A) Eight eight-hour classes of Crisis Intervention Training (1St responders) (B) Two 40-hour Crisis Intervention Response Team training classes. (C) Four two-hour team meetings of the Crisis Intervention Response Team. The goal of this project is to provide additional training to all law enforcement officers in crisis intervention and triage for the mentally ill. The training will provide additional training in communicating and de-escalating a subject in crisis with means other than physical or deadly force. The project will also add additional Crisis Intervention Response Officers with 40 hours of advanced training classes. The following law enforcement agencies in Kitsap County will participate in this project: • Bremerton Police Department (62 Commissioned personnel) • Kitsap County Sheriffs Office (114 Commissioned personnel) • Kitsap County Jail (83 Corrections Officers) • Port Orchard Police Department (24 Commissioned personnel) • Poulsbo Police Department (20 Commissioned personnel) • Bainbridge Island Police Department (21 Commissioned personnel) • Central Communications— CenCom (2 operators) The Contractor will be responsible for communicating with the other agencies involved in this project. The communication will be to structure the training and coordinate the instructors, times, dates and location of the training. The Project Budget Total for this project is found in Attachment C. The parties agree that the Contractor cannot control the attendance of the other agencies' personnel. Once the Contractor performs its duties of structuring training and coordinating instructors and trainings, the County shall not withhold payment based on other agencies' lack of attendance. The Contractor shall, to the best of its ability, coordinate dates, times and locations to accommodate as many agency personnel as possible. KC-206-City of Bremerton 9-9-14 15 Project_ The project has been documented a proven success in other cities and counties in Washington State. This type of project has also been a success in other states. The most successful crisis intervention training and Crisis Intervention Officer Response Team concept emerged from Memphis, Tennessee. The Crisis Intervention Officer Response Team concept that emerged from Memphis has become the national standard for law enforcement response training for subjects in crisis due to mental health and or substance abuse issues. This project will utilize the Memphis Model to train law enforcement professionals to help to improve the service to the community and subjects in crisis and provide additional tools to law enforcement. Project Outcomes and Measurements The outcome of this project is to provide every law enforcement officer in Kitsap County with training in crisis intervention and triage for subjects in crisis due to mental health issues, substance abuse or both and to train additional Crisis Intervention Officer Response Team members. The project training will help to decrease the physical conflicts and possible use of deadly force while trying to assist a subject in crisis due to mental illness by law enforcement officers. The county wide Crisis Intervention Officers will have scheduled meetings to discuss the outcome of contacts with subjects in crisis and different methods or learned themes that were applied to the situation. Each department will review the documented contacts with subjects in crisis due to mental illness and copies of the reports will be forwarded to the appropriate agency for review. Data collection, management, and analysis of data will be the responsibility of each individual agency once the training has been completed. The data on accomplishments of this project can be shared during regular scheduled public safety meetings and department head meetings. The City of Bremerton via its Police Department shall submit quarterly reports to the Department of Human Services detailing the progress on the training sessions and the number of law enforcement members that have completed training. Billing and Payment Contract payments to Contractor shall be requested using an invoice form, which is supplied by the County. Contractor invoices must be sent to the County by the fifteenth (15th) calendar day after the end of the month. The Contractor is authorized to receive payments in accordance with the cost reimbursable budget included under this contract. The Contractor will comply with the following standards as applicable. Reimbursement Request— Upon Completion of each month, the Contractor must provide to the County a written explanation of expenditures which are less than 90% of, or more than 115% of the year-to-date budgeted total. KC-206-City of Bremerton 9-9-14 16 All payments to be made by the County under this contract shall be made to: City of Bremerton 1025 Burwell Street Bremerton, WA 98337 The contract shall not exceed the total amount indicated on the cover sheet of this contract and any other modifications hereof. KC-206-City of Bremerton 9-9-14 17 ATTACHMENT C: BUDGET SUMMARY Contract: KC-206-14 Time Period: September 1, 2014—August 31, 2015 ................................ - Agency Name: City of Bremerton Department j Project Name: Crisis Intervention and Triage for Law Enforcement j Agreement: $117,700 ' Current Billing------------ I f Contract i Contract j Current I Life to Date Contract Line item Budget Billing Billed Balance Personnel Manager and Staff(Program Relatedl 43,920.00 1 43,920.00 Fringe Benefits - - Supplies &Equipment Equipment - - Office Supplies 3,200.00 3,200.00 Administration Advertising/Marketing - - Audit/Accounting - - Communication - - Fees and Taxes - - Indirect Administrative Expenses - - Insurance/Bonds - - Legal Services I - - Training/Travel 70,580.00 70,580.00 Transportation - - Ongoing Operations &Maintenance Janitorial Services - - Maintenance Contracts - - Maintenance of Existing - - Landscaping Repair of Equipment and Property - - Utilities I - - 0&M Staff Salaries &Benefits - - Other(Describe)IUA/Data MGT - I Other Debt Service i - - Contract with KMHS - - Other(Describe):Drug Testing - - Software I - - Program Incentives - - Project budget total $ 117,700.00 $ - $ - $ 117,700.00 KC-206-City of Bremerton 9-9-14 18 ATTACHMENT D: CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS Primary Covered Transactions 45 CFR 76 1. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principles: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency; b. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connections with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statement, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charges by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph 1.b. of this certification; and d. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. 2. Where the prospective primary participants are unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. This Certification is executed by the person(s) signing below who warrant they have authority to execute this Certification. CONTRACTOR: CITY OF BREMERTON Name: Patty Lent Title: Mayor DATE: KC-206-City of Bremerton 9-9-14 19