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HomeMy WebLinkAbout02/22/2017 AGENDA PACKETCITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337 I Phone (360) 473-5280 ***AMENDED*** FEBRUARY 22, 2017 CITY COUNCIL STUDY SESSION 5:00 PM in COUNCIL CONFERENCE ROOM 603 The Study Session is open to the public but there will be no opportunities for input or participation; no action is anticipated during the Study Session; and the content of these items is subject to change. If approved by Council, the items will be placed on the March 1, 2017 Council Meeting Agenda: A. INFORMATION BRIEFINGS 1. Update on Salvation Army Programs — Jim Adrian, The Salvation Army Board of Directors; Major Scott John Ramsey, with The Salvation Army; and Sheryl Ann Piercy, Social Services Director, The Salvation Army B. NO PRESENTATION PLANNED —The following items are budgeted items or subjects that have been raised with the appropriate Council Committee Members: 1. Interlocal Agreement with the Kitsap Conservation District for the Rain Garden Project 2. Contract Award to Utility Pipeline Contractors, Inc. of Gig Harbor, WA for the Kitsap Lake Interceptor Siphon Replacement Project 3. Resolution to amend Right -of -Way Deed for Tahuyeh Lake Road NW & Gold Creek Road NW C. BRIEFINGS AND FULL PRESENTATIONS 1. Amend the authorized Positions in the Department of Community Development from (2) Building Development Specialist II Positions to (1) Building Development Specialist II and (1) Building Development Specialist III; and increase the 2017 Personnel Budget by $6,350 2. Amend Consulting Agreement with BMcConsulting, LLC to extend term through June 30, 2017 D. EXECUTIVE SESSION 1. 10 -Minutes to discuss Potential Litigation per RCW 42.30.110(1)(i) No action anticipated... E. GENERAL COUNCIL BUSINESS Finance & Investment Committee Briefing (2/21/17 Meeting) — Chair Richard Huddy AWC City Action Days Conference Briefing (2/15/17 & 2/16/17) — Attendees Leslie Daugs, Jerry McDonald, Dino Davis, and Richard Huddy Joint Planning Workshop & Council Goals Briefing (2/11/17) — Council President Eric Younger Other General Council Business (As necessary...) F. ADJOURNMENT OF STUDY SESSION ® Americans with Disabilities Act accommodations provided upon request. Those requiring special accommodations should contact the City Clerk's Office at (360) 473-5323 at least 24 hours prior to the meeting. INFORMATION ONLY ITEM CITY OF BREMERTON Al CITY COUNCIL SUBJECT: Study Session Date: February 22, 2017 Update on Salvation Army Programs Presenters: Jim Adrian, The Salvation Army Board of Directors Major Scott Ramsey, The Salvation Army Sheryl Piercy, Social Services Director, The Salvation Army Phone: (360) 373-5550 The Salvation Army Main Office SUMMARY: An update will be provided on current Programs offered by The Salvation Army. HANDOUTS: N/A STUDY SESSION AGENDA: ❑ No Presentation o Full Presentation Form Created 5/4/15 2016 IN REVIEW Serving Those trt Need The Social Services Program provides many services to those in need from our community along with our Food Bank, Hygiene Center, Free Meals Program, Community Center and Church Services. Emergency PSE Energy Assistance In 2016, TSA provided $67,597.00 in Puget Sound Energy Emergency Assistance grants. This helped 387 people keep their power on/or turned back on during the winter months. Back -to -School Supplies & Backpacks In 2016, TSA provided 124 children with back -to -school supplies & back- packs. We also provided backpacks and school supplies for homeless and needy college students through Olympic College's SING Program (Students In Need Grant). Summer Camp at Camp Arnold In the summer of 2016, we were able to send 65 low-income children to The Salvation Army Camp Arnold in Eatonville, Washington for a week. Homeless Support Services Provided homeless clients with monthly bus passes, bus tokens, 30 -day mail services, gasoline assistance, motel, sleeping bags, back packs, tents, Washington ID cards (new/renewed), and tarps. Total provided in 2016 with an HHGP (Homeless, Housing Grant Program) grant $27,172.00 worth of assistance serving more than 750 homeless clients. The Kitsap Connect Program Starting in August 2016, The Kitsap Connect Program rented office space in The Salvation Army in order to provide intensive case management to fifty clients who are high utilizers of Kitsap Emergency & Public Services. DOING HE MOST GOOEY The Red Kettle/Bell Ringer Campaign in 2016 grossed $266,000.00 which will be used to financially support The Salvation Army Bremerton Corps in 2017. Page 2 Meats Program In 2015, The Salvation Army provided 58,808 meals to the hungry in Kitsap County. The list below shows the increase of need for the mals program at The Salvation Army over. 2012 - 40;528 meals served averaging 157 meals a. day. 2018 -r 39,319 meals served averaging 156 meals a day. 2014 - 44;545 meals served averaging 179 meals a day, 2015 - 45,097 meals served averaging 177 meals a day. 2016 - 58,888 meals served averaging 232 meals a day. �T. Meals Progmrn at The Salvation Array 71% Increase In Free Meals Served Over The Last Five Years 2015 to 2015 79% increase in Meals Served From 2015 to 2016 there was a 79% increase in the meals served for the whole year and a 76% increase in the number of meals served per day. Five Year Comparison From 2012 to 2016 there was a 71 % increase in the meals served for the whole year and a fib% increase in the number of meals served per day. Meals Served Over The last Five -Years 2012 2013 2014 2015 2016 WINTER HOMELESS °°'"° 40 rHE MOST SHELTER 2016-2017 Gooa The Homeless We Serve: The following are the statistics from the Winter The Salvation Emergency Homeless Shelter at The Salvation Army Army Winter from December 18, 2016 to February 14, 2017.* Shelter primarily serves Kitsap Total Number of Guests: 290 Residents who are without a Average Guests Per Night: 47 home: Total Bed nights: 2773 87i Guests reside in Kitsap County Bed nights for Kitsap Residents: 2.642 95% of bed nights are Bed nights for Non -Residents (5%) 131 from Kitsap County Guests from Kitsap County 251 residents. Non -Resident Guests (12%) 36 Homeless Children 8 Homeless Dogs and their families 10 Homeless Kittens and their families 2 What is a bed night? Hotel industry and agencies that provide homeless shelters measure of occupancy one person for one night. Client information collected on shelter guests was ascertained from HMlS/Clanty Database and The Salvation ArmylBridges Database 2-2017. tri► 2016 Highlights Page -- 3 SALLY'S PLACE, THE SVATlON a " BREMERTON CORPS / 832 bTH STREET Z� A.'w Security Services in 2016 A big change at The Salvation Army in 2016 was the addition of a security contractor service for the safety of our clients, staff and the community. We contracted with The Stephen Group which provides security staff during the day 9:00 AM to 2:00 PM and during the Winter Shelter 6:00 PM to 11:00 PM. Food Saving Program with Bremerton School Dist. & the EPA TSA partnered with the Bremerton School District to collect food dona- tions from the many elementary schools through a new food saving program supported by the EPA. We now are able to get hundreds of pounds of packaged and fresh food for our meals program that would oth- erwise end up in a local landfill. This partnership between TSA and the Bremerton School District is a pilot the EPA wishes promote across the United States. The Stephen Group International Security Team volunteered on Christmas Day during our free community dinner. The Bremerton School District Food Saving Program allows the children to be a part of the process by saving the food they would otherwise throw away. 2016 Holidays & Volunteers The "!o'tidlays., at The SaWation Army The holidays are a very busy time at The Salvation Army! In 2016, we provided hundreds of needy families with toys and holiday dinner assis- tance. Thanksgiving 2016: Food Boxes given to 125 families to provide a traditional Thanksgiving Dinner We hosted Thanksgiving Dinner for 250 people on Thanksgiving Day Christmas 2016: 264 Families Toys & Clothing for their children on Christmas Food Boxes for 150 Families for Christmas Breakfast and Dinner 45 Homeless Guests who stayed at the Winter Shelter on Christmas 300 people enjoyed a Holiday Dinner on Christmas Day niceersC`ne The Worll 47 Without the help of our dedicated VOLUNTEERS, we could not provide day -today services to our community. In 2016, volunteers provided an average of 1008 hours of work each month. This totals $150,837.12 in free labor. Volunteers are vital to the successful work we do at The Salvation Army. We operate our facility's Free Clothing Bank and Hygiene Center solely by the faithful work of our devoted volunteers! In 2016, our Clothing Bank gave away an average of 640 items per month. This equates to 7,676 items of clothing, shoes and costs for the year. Volunteers also support our Bell Ringer program, Holiday programs, Meal program, Food Bank, Social Services program, Winter Homeless Shelter and Emergency/Disaster Services Program. Contact Us Stop by or give us a call for more information about our programs and services. The Salvation Army Bremerton Corps 832 6th Street - P.O. Box 886 Bremerton, WA 98337 360373-5550 Fax 360-373-2134 Visit us on the web at :/lbrem rton. vationaUn .or & follow us on Facebook too! Look Up: The Salvation Army Bremerton Page - 4 TSA provided two holiday dinners for the whole family which also included getting to meet Santa, games, toys and dinner boxes for the parents to bring home for Christmas Day. Volunteers helped Serve Christmas Dessert at our Dinner with Santa party. TSA partnered with KOIWQ 4 News, Star 101.5 and Fred Meyer for a 'Fill the Truck' toy donation event at the Port Orchard Fred Meyer. SUBJECT: Interlocal Agreement with the Kitsap Conservation District for the Rain Garden Project AGENDA BILL CITY OF BREMERTON B1 CITY COUNCIL Study Session Date COUNCIL MEETING Date Department Presenter: February 22, 2017 March 1, 2017 PW&U Kathleen Cahall Phone: (360) 473-2315 SUMMARY: Bremerton's rain garden project will provide technical and financial support to property owners for installation of rain gardens and other low impact development in the Anderson Cove basin to avoid Combined Sewer Overflows during storm events using green infrastructure. The Kitsap Conservation District will be contracted to complete site visits, designs, and installations because of their extensive rain garden experience and proven success with similar programs. Selected recipients will receive rain garden excavation, construction, and materials. The landowner will contribute the cost of a portion of the plants and their own labor to the extent possible. The project will offer resources to teach people to care for their rain gardens and other plantings using natural methods. ATTACHMENTS: 1) Interlocal Agreement with the Kitsap Conservation District FISCAL IMPACTS (Include Budgeted Amount): The cost of this agreement will be an amount not to exceed $65,000 budgeted in the Wastewater Utility through December 31, 2018. STUDY SESSION AGENDA: o No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the Interlocal Agreement with the Kitsap Conservation District; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION Form Updated 01/07/15 ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action INTERLOCAL AGREEMENT 2017-2018 Between the City of Bremerton and the Kitsap Conservation District Regarding Rain Garden & Low Impact Development (LID) Education & Outreach, Technical Assistance, and Installation PRFAMRI F This Interlocal Agreement (hereinafter "agreement") is by and between the City of Bremerton (hereinafter "City") and the Kitsap Conservation District (hereinafter "District".) RFrITAI C WHEREAS, the City is committed to preventing stormwater runoff pollution and Combined Sewer Overflows (CSOs); and WHEREAS, the City and the District have a common goal to promote Best Management Practices to protect water quality, provide education to land owners on land use impacts, and support the use of Low Impact Development practices; and . WHEREAS, the services proposed under this agreement will promote improved water quality for local waterways and the mitigation of pollution impacts on fish and wildlife, including shellfish; and WHEREAS, the District's contribution of services can assist the City in compliance with Washington Department of Ecology CSO reduction requirements; and WHEREAS, the District's contribution of services can assist the City in compliance with its NPDES (National Pollutant Discharge Elimination System) Municipal Stormwater Permit in the areas of Runoff Control and Education/Outreach; and WHEREAS, the District has the expertise and experience to provide assistance to property owners on land management activities and impacts to water quality; and WHEREAS, the City and the District desire to enter into an agreement and continue to work collaboratively in providing information and services to property owners that will protect water quality; and WHEREAS, the Interlocal Cooperation Act, RCW 39.34, further authorizes the parties hereto to enter into this agreement; NOW, THEREFORE, in consideration of the mutual covenants herein contained, the City and Interlocal Agreement — City of Bremerton and Kitsap Conservation District, 2017-2018 Page 1 of 12 the District agree as follows: AGREEMENT 1. SERVICES BY DISTRICT The District shall perform such duties and services as are listed on the scope of work attached hereto as Exhibit A. Said services shall be performed in accordance with the approved scope of work and budget specified in Exhibit A. All services funded under this Agreement shall be provided exclusively within the boundaries of incorporated City of Bremerton. The District shall furnish all services, labor, and related equipment to conduct and complete the work, except as specifically noted otherwise in this Agreement. �111111111111:_vjITIIa01111 The City shall reimburse the District only for actual incurred costs upon presentation of a properly executed invoice in a form approved by the City. The sum of the District's reimbursement requests during the duration of this Agreement shall not exceed Sixty Five Thousand Dollars ($65,000) for technical assistance and installation for small-scale LID projects. The anticipated (budgeted) and actual distribution of funds will be reported by the District quarterly and monitored by the City. Reimbursement requests shall be submitted once a quarter. The City reserves the right to withhold payments pending timely delivery of progress reports or documents as may be required under this Agreement. The City shall reimburse the District within sixty (60) days of receipt of a properly executed District invoice. 3. GENERAL ADMINISTRATION AND MANAGEMENT The Water Resources Manager, or designee, shall be the City's representative and shall oversee and approve all services to be performed, coordinate all communications, and review and approve all invoices under this Agreement. The Chair of the Board of Supervisors for the Kitsap Conservation District, or his/her designee, shall represent the District in all matters pertaining to the services and materials to be rendered under this Agreement; all requirements of the City pertaining to the services or materials to be rendered under this Agreement shall be coordinated through the District's representative. The parties do not create through this Agreement a separate legal entity subject to suit. The parties will not jointly own real or personal property as part of this undertaking. Interlocal Agreement — City of Bremerton and Kitsap Conservation District, 2017-2018 page 2 of 12 4. REPORTING The District shall produce quarterly and year-end reports summarizing the work performed and evaluating the performance and results of the work performed pertaining to this Agreement. Progress reports shall include, but are not limited to, the following information: a. Status of the work plan. b. A description of work performed during the period and progress made to date, including performance indicators that reflect effectiveness of the program elements asset forth in Exhibit A. c. Description of any adverse conditions that have affected the program objectives and/or time scheduled, and actions taken to resolve these issues. d. Progress reports shall be submitted as follows: For each year, Quarterly reports are due the closest workday to May 15, August 15, and November 15; Year-end Report is due February 15. The Year-end Report shall contain a summary of major accomplishments realized during the year. This report shall include, but not be limited to, photographs, slides, and any other graphics that would enhance the content and/or appearance of the report. S. INSPECTION AND AUDIT The District shall maintain all books, records, documents, and other evidence pertaining to the costs and expenses allowable under this Agreement in accordance with generally accepted accounting practices. All such books and records required to be maintained by this Agreement shall be subject to inspection and audit by representatives of the City and/or the Washington State Auditor at all reasonable times, and the District shall afford the proper facilities for such inspection and audit. Representatives of the City and/or the Washington State Auditor may copy such books, accounts, and records where necessary to conduct or document an audit. The District shall preserve and make available all such books of account and records for a period of five (5) years after final payment under this Agreement. In the event that any audit or inspection identifies any discrepancy in such financial records, the District shall provide the City with appropriate clarification and/or financial adjustments within thirty (30) calendar days of notification of the discrepancy. F. INDEPENDENT CONTRACTOR A. The District and the City understand and expressly agree that the District is an independent contractor in the performance of each and every part of this Agreement. The District expressly represents, warrants, and agrees that its status as an independent contractor in the performance of the work and services required Interlocal Agreement — City of Bremerton and Kitsap Conservation District, 2017-2018 Page 3 of 12 under this Agreement is consistent with and meets the six -part independent contractor test set forth in RCW 51.08.195. The District, as an independent contractor, assumes the entire responsibility for carrying out and accomplishing the services required under this Agreement. The District shall make no claim of City employment nor shall claim any related employment benefits, social security, and/or retirement benefits. B. The District shall be solely responsible for paying all taxes, deductions, and assessments, including but not limited to federal income tax, FICA, social security tax, assessments for unemployment and industrial injury, and other deductions from income which may be required by law or assessed against either party as a result of this Agreement. In the event the City is assessed a tax or assessment as a result of this Agreement, the District shall pay the same before it becomes due. C. The City may, during the term of this Agreement, engage other independent contractors to perform the same or similar work that the District performs hereunder. 7. DISCRIMINATION AND COMPLIANCE WITH LAWS A. The District agrees not to discriminate against any employee or applicant for employment or any other person in the performance of this Agreement because of race, creed, color, national origin, marital status, sex, sexual orientation, age, disability, or other circumstance prohibited by federal, state or local law or ordinance, except for a bona fide occupational qualification. B. The District shall comply with all federal, state, and local laws and ordinances applicable to the work to be done under this Agreement. C. Violation of this Section 7 shall be a material breach of this Agreement and grounds for cancellation, termination or suspension by the City, in whole or in part, and may result in ineligibility for further work for the City. S. TERM AND TERMINATION OF AGREEMENT A. This Agreement shall become effective upon execution by both parties and shall continue in full force until December 31, 2018, unless sooner terminated by either party as provided below. B. This Agreement may be terminated by either party without cause upon thirty (30) days written notice to the other party. In the event of termination, all finished or unfinished documents, reports, or other material or work of the District pursuant to Interlocal Agreement -- City of Bremerton and Kitsap Conservation District, 2017-2018 page 4 of 12 this Agreement shall be submitted to the City, and the District shall be entitled to just and equitable compensation as set forth in Section 2 for any satisfactory work/services completed prior to the date of termination. 9. HOLD HARMLESS AND INDEMNIFICATION A. The District agrees to protect, defend, indemnify, and hold harmless the City, its elected officials, officers, employees, and agents from any and all claims, demands, losses, liens, liabilities, penalties, fines, lawsuits, and other proceedings and all judgments, awards, costs and expenses (including reasonable attorneys' fees and disbursements) caused by or occurring by reason of any negligent act, error and/or omission of the District, its officers, employees, and/or agents, arising out of or in connection with the performance or non-performance of the services, duties, and obligations required of the District under this Agreement. B. The City agrees to protect, defend, indemnify, and hold harmless the District, its officers, employees, and agents from any and all claims, demands, losses, liens, liabilities, penalties, fines, lawsuits, and other proceedings and all judgments, awards, costs and expenses (including reasonable attorneys' fees and disbursements) caused by or occurring by reason of any negligent act, error and/or omission of the City, its officers, employees, and/or agents, arising out of or in connection with the performance or non-performance of the services, duties, and obligations required of the City under this Agreement. C. In the event that the District and the City are both negligent, then the District's liability for indemnification of the City shall be limited to the contributory negligence for any resulting suits, actions, claims, liability, damages, judgments, costs and expenses (including reasonable attorneys' fees and disbursements) that can be apportioned to the District, its officers, employees and agents. D. The foregoing indemnity is specifically and expressly intended to constitute a waiver of the immunity of the District under Washington's Industrial Insurance Act, RCW Title 51, as respects the other parties only, and only to the extent necessary to provide the indemnified party with a full and complete indemnity of claims made by the employees of the District. The parties acknowledge that these provisions were specifically negotiated and agreed upon by them. E. The City's inspection or acceptance of any of the District's work when completed shall not be grounds to avoid any of these covenants of indemnification. F. Nothing contained in this section of this Agreement shall be construed to create a liability or a right of indemnification in any third party. Interlocal Agreement — City of Bremerton and Kitsap Conservation District, 2017-2018 Page 5 of 12 G. The provisions of this section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 10. INSURANCE The District shall maintain insurance as follows: [X1 Commercial General Liability as described in Exhibit B. [XI Automobile Liability as described in Exhibit B. The District shall comply with the provisions of RCW Title 51, Industrial Insurance. For the duration of this Agreement, the District shall provide or purchase industrial insurance coverage for its employees, as may be required of an "employer" as defined in RCW Title 51, and shall maintain full compliance with RCW Title 51. The City shall be named as an additional insured under the District's Commercial General Liability insurance policy with respect to the work performed under this Agreement using 150 Additional Insured endorsement CG 20 10 01 and Additional Insured -Completed Operations endorsement CG 20 37-10 901 or substitute endorsements providing equivalent coverage. 11. SUBLETTING OR ASSIGNING CONTRACT The District shall not assign or subcontract any portion of the services provided within the terms of this Agreement without obtaining prior written approval from the City. In the event that such prior written consent to an assignment is granted, then the assignee shall assume all duties, obligations, and liabilities of the District as stated herein. 12. EXTENT OF AGREEMENT/MODIFICATION This Agreement, together with Exhibits or addenda, represents the entire and integrated Agreement between the parties and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement may be amended, modified or added to only by written instrument properly signed by both parties. 13. SEVERABILITY A. If a court of competent jurisdiction holds any part, term or provision of this Agreement to be illegal or invalid, in whole or in part, the validity of the remaining provisions shall not be affected, and the parties' rights and obligations shall be construed and enforced as if the Agreement did not contain the particular provision held to be Interlocal Agreement --City of Bremerton and Kitsap Conservation District, 2017-2018 page 6 of 12 invalid. B. If any provision of this Agreement is in direct conflict with any statutory provision of the State of Washington, that provision which may conflict shall be deemed inoperative and null and void insofar as it may conflict, and shall be deemed modified to conform to such statutory provision. 14. FAIR MEANING The terms of this Agreement shall be given their fair meaning and shall not be construed in favor of or against either party hereto because of authorship. This Agreement shall be deemed to have been drafted by both of the parties. 15. NON -WAIVER A waiver by either party hereto of a breach by the other party hereto of any covenant or condition of this Agreement shall not impair the right of the party not in default to avail itself of any subsequent breach thereof. Leniency, delay or failure of either party to insist upon strict performance of any agreement, covenant or condition of this Agreement, or to exercise any right herein given in any one or more instances, shall not be construed as a waiver or relinquishment of any such agreement, covenant, condition or right. 16. NOTICES Unless stated otherwise herein, all notices and demands shall be in writing and sent or hand -delivered to the parties at their addresses as follows: City of Bremerton Kitsap Conservation District 100 Oyster Bay Ave N 10332 Central Valley Road Bremerton, WA 9831.2 Poulsbo, WA 98370 Attention: Kathleen Cahall, Water Resources Attention: Chair of the Board of Supervisors Manager Phone: (360) 473-2315 Fax: (360) 473-5018 Phone: (360) 204-5529 Fax: (360) 204-5519 or to such addresses as the parties may hereafter designate in writing. Notices and/or demands shall be sent by registered or certified mail, postage prepaid, or hand -delivered. Such notices shall be deemed effective when mailed or hand -delivered at the addresses specified above. 17. SURVIVAL Interlocal Agreement — City of Bremerton and Kitsap Conservation District, 2017-2018 Page 7 of 12 Any provision of this Agreement which imposes an obligation after termination or expiration of this Agreement shall survive the term or expiration of this Agreement and shall be binding on the parties to this Agreement. 18. GOVERNING LAW This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 19. VENUE The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Washington for Kitsap County, Washington. 20. COUNTERPARTS This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same Agreement. 21. FILING Pursuant to RCW 39.34.040, this Agreement shall be filed with the Kitsap County Auditor or listed by subject on the public website of the parties hereto or on another electronically retrievable public source. EXECUTED THIS DAY OF FEBRUARY, 2017. KITSAP CONSERVATION DISTRICT CITY OF BREMERTON 01'05J 6 Albert Allpress Patty Lent Chair, Board of Supervisors Mayor II Date Date Interlocal Agreement—City of Bremerton and Kitsap Conservation District, 2017-2018 Page 8 of 12 EXHIBIT A SCOPE OF WORK & BUDGET 2017-2018 Interlocal Agreement Between the City of Bremerton and the Kitsap Conservation District Regarding Rain Garden & Low Impact Development (LID) Education & Outreach, Technical Assistance, and Installation PURPOSE • Reduce Combined Sewer Overflows (CSOs), which is the overflow of sewage and stormwater into Puget Sound that occurs as a result of stormwater exceeding the hydraulic capacity of the sanitary sewer system ✓ Disconnect storm runoff from the sanitary sewer system at selected properties and use LID practices if possible to allow water to infiltrate into the ground instead of overwhelming the sewer system ■ Support NPDES permit compliance and environmental stewardship objectives through: ✓ Public education on LID principals and applications ✓ Increased use of LID practices to mitigate the effects of existing development ✓ Water quality improvements achieved from the LID retrofit projects ■ Provide an opportunity for private property owners within the City to obtain financial assistance for small-scale LID projects they might not otherwise construct ■ Provide cost reimbursement to private property owners s Provide funds for technical assistance for small-scale LID projects Within the City of Bremerton ("City"), some private properties still have downspouts and other stormwater runoff sources connected to the sanitary sewer. This can be a problem in large storm events because the extra stormwater can overwhelm the sanitary sewer and cause a CSO in that basin. Disconnecting these properties and directing the runoff to LID where possible will reduce CSOs and therefore improve water quality, protect marine habitats, and reduce risks to human health. In addition, directing this water into LID will treat the stormwater by removing metals, nutrients, and other pollutants before the water reaches Puget Sound. The City and the Kitsap Conservation District ("District") share a common goal to promote Best Management Practices (BMPs) to protect water quality, provide education to landowners on land use impacts, and support the use of Low Impact Development ("LID") practices. The District has the expertise and experience to provide education and technical assistance to property owners who are interested in learning about LID principals or employing stormwater BMPs on their property. The City and the District desire to enter into this agreement and work collaboratively. Interlocal Agreement — City of Bremerton and Kitsap Conservation District, 2017-2018 Page 9 of 12 SCOPE OF WORK The District will partner with the City to develop and accomplish the following tasks: • Task 1— Education and outreach • Task 2— Identify opportunities & locations for small-scale LID projects • Task 3— Implement District rain garden/LID program within City limits Task 4— Administration, documentation, and reporting TASK 1-- EDUCATION AND OUTREACH Objective: Promote public knowledge of LID practices and promote the rain garden/LID program. Scope: 1.1 The District shall work with the City to create outreach materials including but not limited to brochures, flyers, and letters to advertise the program. 1.2 The District shall conduct outreach to eligible property owners to recruit program participants. 1.3 The District shall present at least one rain garden workshop within the City during 2017. Additional workshops within the City may be presented. TASK 2--- IDENTIFY OPPORTUNITIES & LOCATIONS FOR SMALL-SCALE LID PROJECTS Objective: Develop a list of potential small-scale rain garden/LID sites based on CSO basins of concern, stormwater connection to the sanitary sewer, District analysis, and in consultation with City staff. Scope: 2.1 Develop a list of potential sites and facility types 2.2 Analyze potential sites for l3MP type and estimated costs TASK 3— IMPLEMENT DISTRICT RAIN GARDEN/LID PROGRAM WITHIN CITY LIMITS Obiective: The District will implement its existing rain garden/LID program for properties within the City limits. Scope: 3.1 Recruit property owners consistent with Task 2 and provide technical support for the design and installation of rain gardens or other small-scale LID projects. 3.2 The design of all projects shall be consistent with City codes and standards. 3.3 The agreement between the District and property owner shall not be inconsistent with City Interlocal Agreement — City of Bremerton and Kitsap Conservation District, 2017-2018 Page 10 of 12 codes and ordinances. 3.4 The agreement with the property owners shall include a requirement for on-going maintenance which is consistent with City standards. TASK 4—ADMINISTRATION, DOCUMENTATION, AND REPORTING Objective: To provide project management, including communication, documentation, and submittal of billing invoices, and reports. Scope : 5.1 Project management efforts shall include conducting, coordinating, and scheduling project activities, including quality control. 5.2 Communication with the City shall be through postal mail, email, consultation meetings and phone discussions. 5.3 Project documentation shall include a separate file for each project location which contains, at a minimum, a copy of: the signed landowner agreement; the design report; documentation of satisfactory completion; photo(s) of the completed project; and GPS location. Upon site completion, a copy of each file shall be submitted to the City with the subsequent quarterly report. 5.4 Billing invoices, progress reports, and supportive documentation shall be submitted to the City's Project Manager on a quarterly and annual basis. 5.5 Maintain all records throughout the duration of the agreement and archive for an additional five years for audit purposes. BUDGET PROPOSED BUDGET Rain Garden & LID City Technical assistance and installation for small-scale LID projects & Up to $65,000 outreach/education Interlocal Agreement — City of Bremerton and Ktsap Conservation District, 2017-2018 Page 11 of 12 EXHIBIT B INSURANCE Insurance against claims for injuries to persons or damage to property arising out of or in connection with the performance of this Agreement by the District, its officers, employees and agents: A. Automobile Liability Insurance with limits no less than $1,000,000.00 combined single limit per accident for bodily injury and property damage. B. Commercial General Liability Insurance written on an occurrence basis with limits no less than $1,000,000.00 combined single limit per occurrence and $2,000,000.00 aggregate for personal injury, bodily injury and property damage. Coverage shall include, but not be limited to blanket contractual; products/completed operations; broad form property damage; explosion, collapse and underground (XCU) if applicable; and employer's liability. Before commencing work and services, the District shall provide to the person identified in Section 16 of the Agreement a Certificate of insurance evidencing the required insurance. City reserves the right to request and receive a certified copy of all required insurance policies. Any payment of deductible or self-insured retention shall be the sole responsibility of the District. City shall be named as an additional insured on the Commercial General Liability Insurance Policy, with regard to work and services performed by or on behalf of the District using ISO Additional Insured endorsement CG 20 10 01 and Additional Insured -Completed Operations endorsement CG 20 37-10 901 or substitute endorsements providing equivalent coverage. A copy of the endorsement naming City as an additional insured shall be attached to the Certificate of Insurance. The insurance policies (1) shall state that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability; (2) shall be primary insurance with regard to City; and (3) shall state that City will be given at least 30 days' prior written notice of any cancellation, suspension or material change in coverage. Interlocal Agreement -- City of Bremerton and Kitsap Conservation District, 2017-2018 Page 12 of 12 From: Lori Sm ikh on behalf of City Council Sent Tuesday, February 21, 2017 1 A PN1 To, City Council Subject; RE: Response to Citizen Cam ments - ILA with Kitsap Conservation District For the Rain Garden Project (Jim McDonal I Attn: Council Members (FYI) The citizen comments, along with the staff response will be included as a part of the record for this item. From: Chal Martin Sent: Tuesday, February 21, 2017 1:29 PM To: 'Jim McDonald' <iimmc90@amail.com>; City Council <City.Council@ci.bremerton.wa.us> Cc: Kathleen Cahall <Kathleen.CahallCa�ci.bremerton.wa.us>; Milenka Hawkins -Bates <Milenka.Hawkins- BatesC�ci.bremerton.wa.us>; Teresa Smith <Teresa.SmithCbci.bremerton.wa.us>; Chance Berthiaume <Chance.Berthiaume@ci.bremerton.wa.us>; Patty Lent <Patty.Lent@ci.bremerton.wa.us> Subject: RE: Interlocal Agreement with Kitsap Conservation District For the Rain Garden Project Good afternoon Jim, and thanks for your comment. This is a pilot program, the concept for which Teresa Smith and Chance Berthiaume put forward last year, following up on an internal staff discussion we had on ways to reduce sewer overflow incidents from those problematic overflows in this part of the City. This is one part of our response to reduce those overflows. We are also looking at other piping/pumping changes as well. We are funding this effort through the Wastewater capital fund. With regard to this contract, we had a great meeting with the Conservation District a couple of months back, and they are enthusiastic about this project. Our thought is that we would focus on this important basin, gain knowledge and data, then move to the rest of the City depending on how this works out. We wanted to start with baby steps and we do feel like we are constrained a bit by funding and staff time at this point. You are quite right, there is interest in this program throughout the City. We think this pilot program will inform our next steps. Of course we will be glad to share this information with you as we move forward. Chal Chal A. Martin, P.E. Director, Public Works & Utilities is City of Bremerton (360) 473-5758 1 (360) 473-5360 fax chal.martina-ci.bremerton.wa.us Working for and with our citizens to establish Bremerton as Puget Sound's most beautiful and livable waterfront city! Page 2 From: Jim McDonald [mailto:Jimmc90 gmail.com] Sent: Sunday, February 19, 2017 9:43 PM To: City Council Cc: Chal Martin Subject: Interlocal Agreement with Kitsap Conservation District for the Rain Garden Project Council President Younger and Council Members, I support the proposed Agreement with Kitsap Conservation District. While the project is focused on an area of special need (Anderson Cove), stormwater pollution is significant source of pollution to all our local waterways and there are potentially hundreds of sites within our City that could benefit from a partnership like this. As you know, projects are sometimes delayed or can't be completed as planned. This Agreement should acknowledge this possibility and be as flexible as possible. I request that the agreement be modified so that Anderson Cove is the primary focus of the Agreement but allow the funds to be used anywhere within the City based on funding availability and approval from the Public Works Director. Thank you for your service and your consideration! Respectfully, Jim McDonald Bremerton AGENDA BILL �� CITY OF BREMERTON CITY COUNCIL SUBJECT: Contract Award to Utility Pipeline Contractors, Inc. for the Kitsap Lake Interceptor Siphon Replacement Project Study Session Date COUNCIL MEETING Date Department Presenter: Phone February 22, 2017 March 1, 2017 PW&U, Engineering Tom Knuckey (360) 473-2376 SUMMARY: The work under this contract includes the installing of 1,415 lineal feet of 10" fused HDPE sewer main including all valves, fittings and appurtenances. Project site is located within an existing easement northwest of Pendergast Park in Kitsap County WA. There were nine (9) bids submitted which were opened on February 8, 2017. The lowest responsive, responsible bidder was Utility Pipeline Contractors, Inc. who submitted a bid in the amount of $180,413.53 (which includes estimated sales tax). ATTACHMENTS: 1) Bid Tabulation; 2) Agreement; 3) KLIS Site Plan FISCAL IMPACTS (Include Budgeted Amount): The project is fully funded in the 2017 Wastewater Budget. STUDY SESSION AGENDA: o No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the bid from Utility Pipeline Contractors, Inc. for the Kitsap Lake Interceptor Siphon Replacement Project in the amount of $180,413.53; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: ❑ Approve Form Updated 01/07/15 ❑ Deny ❑ Table ❑ Continue ❑ No Action Z OZ O W H W -J m Co LL H O� OO V ' �' o= m_ ro M f: R Q Z9- ,4 .g o W V uf, G U LL oLU 0 ' n \� m W Ix 0 W Iv � J z�'O � o� LJJ ¢ w F CONTRACT (Page 1 of 3) THIS AGREEMENT is dated the day of in the year 2017 by and between the City of Bremerton (hereinafter called CITY) and (hereinafter called CONTRACTOR). CITY 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 CITY's Contract Documents entitled KITSAP LAKE INTERCEPTOR SIPHON REPLACEMENT ARTICLE 2. CONTRACT TIMES. The WORK shall obtain Substantial Completion within 100 calendar days from the Notice to Proceed date. Time is of the essence as to each and every deadline set forth in this agreement. This provision has been specifically negotiated. ARTICLE 3. LIQUIDATED DAMAGES. CITY and the CONTRACTOR recognize that time is of the essence for this Agreement and that the CITY will suffer financial loss if the WORK is not completed within the time specified in Article 2 herein, plus any extensions thereof allowed in accordance with Section 1-08.8 of the Standard Specifications which may be modified by the Special Provisions. They also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by the CITY if the WORK is not completed on time. Accordingly, instead of requiring any such proof, the CONTRACTOR shall pay the CITY liquidated damages in the amount of $500 per day after the date of Substantial Completion for each phase. ARTICLE 4. CONTRACT PRICE. CITY shall pay CONTRACTOR for completion of the WORK in accordance with the Contract Documents in the amount set forth in the Bid Proposal, which shall include sales tax as provided in Section 1-07.2(2) of the Special Provisions. ARTICLE 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Section 1-09.9 of the Standard Specifications which may be modified by the Special Provisions. Applications for Payment will be processed by ENGINEER as provided in the Special Provisions Contractor Initials City of Bremerton CF -1 January 2017 Kitsap Lake Interceptor Siphon Replacement CONTRACT (Page 2 of 3) ARTICLE 6. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between CITY and CONTRACTOR concerning the WORK consist of this Contract and the following attachments to this Contract: • Notice Inviting Bids, • Bidders Checklist, • Bid Proposal including the Proposal Forms, Information Required of Bidder, Bid Bond, and all required certificates and affidavits, • Performance Bond, • Payment Bond, • Standard Specifications, • Amendments to the Standard Specifications, • Special Provisions, • Appendices • Contract Plans, • 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 Section 1-04.4 of the Standard Specifications which may be modified by the Special Provisions. ARTICLE 7. INDEMNIFICATION. The CONTRACTOR and CITY 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. To the fullest extent permitted by Laws and Regulations, the CONTRACTOR shall indemnify, defend, and hold harmless the CITY, ENGINEER, their consultants, subconsultants, and the officers, directors, employees, and agents of each and any of them, against and from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, all claims and liability arising under, by reason of, related, or incidental to the Contract Documents or any performance of the WORK, but not from the sole negligence or willful misconduct of the CITY and/or the ENGINEER as further defined in the Contract Documents. The provisions of this section shall survive the termination of the contract. Contractor Initials City of Bremerton CF -2 January 2017 Kitsap Lake Interceptor Siphon Replacement CONTRACT (Page 3 of 3) ARTICLE 8. 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 CITY, 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 CITY 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. CITY 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, CITY and CONTRACTOR have caused this Agreement to be executed the day and year first above written. CITY : City of Bremerton CONTRACTOR as Attest go Attest [CORPORATE SEAL] Address for giving notices Address for giving notices License No. Approved as to Form: Agent for service of process: (Signature) (Title) City of Bremerton CF -3 January 2017 Kitsap Lake Interceptor Siphon Replacement z Cw G LU U Q n LU ry z O 0- U) O n LU U ry LU z W Q J n Q U) H z Q n LU U) AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Resolution No. to Amend the Right of Way Deed for Tahuyeh Lake Road NW & Gold Creek Road NW Study Session Date: COUNCIL MEETING Date: Department: Presenter: Phone: 3�? February 22, 2017 March 1, 2017 PW&U Knuckey 360.473.2376 SUMMARY: The City granted right-of-way to Kitsap County in 1962 for road construction. The County recently surveyed the roadway and has determined that the constructed road is not fully within the right-of-way. To correct this issue the County has requested the right-of-way deed be amended to match the constructed roadways (Gold Creek and Lake Tahuyeh Roads). ATTACHMENTS: 1. Resolution No. ; 2. Amended Right -of -Way Deed; 3. Right -of -Way Plan; 4. Original Deed FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: 0 No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to pass Resolution No. and Gold Creek Road NW. COUNCIL ACTION: ❑ Approve Form Updated 01/07/15 to Amend the Right -of -Way Deed for Tahuyeh Lake Road NW ❑ Deny ❑ Table ❑ Continue ❑ No Action RESOLUTION NO. A RESOLUTION of the City Council of the City of Bremerton, Washington, to amend the Right of Way Deed for Tahuyeh Lake Road NW and Gold Creek Road NW. WHEREAS, the City deeded right-of-way to Kitsap County in 1962 for construction of Tahuyeh Lake Road Northwest and Gold Creek Road Northwest; and WHEREAS, the County recently conducted a survey where they determined that the roads as constructed do not lie fully within the right-of-way as deeded; and WHEREAS, it is not practical or cost effective to reconstruct the roads within the deeded property; and WHEREAS, it is in the mutual interest of the City of Bremerton and Kitsap County that the deed be amended to describe the roads as constructed; now therefore, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION]. The deed for the roadway is amended to coincide with the roads as constructed, and the prior deed under Kitsap County Auditor's File Number 767375 is replaced and superseded. SECTION2. Severability. If anyone or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. SECTION 3. 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 )2017. APPROVED AS TO FORM: ROGER A. LUBOVICH, City Attorney ERIC YOUNGER, Council President ATTEST: SHANNON CORIN, City Clerk Deed Amendment for Roadway Construction —Resolution AMENDED RIGHT OF WAY DEED {Re-recorded to Correct Legal Description of Auditor's File No. 787375} RIGHT-OF-WAY DEED -- ROAD KNOWN AS TAHUYEH LAKE ROAD NW & GOLD CREEK ROAD NW KNOW ALL MEN BY THESE PRESENTS, THAT CITY OF BREMERTON, A MUNICIPAL CORPORATION for and in consideration of clearing title, hereby grants and conveys unto Kitsap County, a Political Subdivision of the State of Washington, and/or its assigns and successors, for the purpose of a public road forever, the following described property, said lands being situated in the Northwest Quarter, Section 17, Township 24 North, Range 1 West, W.M., Kitsap County, State of Washington and described as follows: Legal Description on EXHIBIT "A" Attached Hereto and Made a Part Hereof. Abbreviated Legal: NW1/4, EXC NW1/4 Thereof, Section 17, Township 24, Range 1 West, W. M., Kitsap County, Washington Tax Parcel No, 172401-2-001-1005 This deed shall replace and supersede the deed recorded under Kitsap County Auditor's File Number 767375. Dated: City of Bremerton, a municipal corporation L2 Patty Lent, Mayor Page 1 of 4 STATE OF WASHINGTON } ss COUNTY OF KITSAP I certify that I know or have satisfactory evidence that Patty Lent is the person who appeared before me, and said person acknowledged that she signets this instrument, on oath stated that she is authorized to execute the instrument, and acknowledged it as the Mayor of the City of Bremerton to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated Given under my hand and official seal the day and year last above written. Notary Public in and for the State of Washington. Residing at: My Appointment Expires: Page 2 of 4 EXHIBIT A CORRECTION RIGHT-OF-WAY DEED CITY OF BREMERTON 172401--2-001--1005 That portion of the Northwest quarter of Section 17, Township 24 North, Range 1 West, W,M., in Kitsap County, Washington, lying within a strip of land 60 feet wide, the center line of which is described as follows: Commencing at the Northwest corner of said Section 17; thence S87°46'05"E along the north line of said section 17 a distance of 2050.73 feet to the 'Prue Point of Beginning; thence S 07017157" W 101.27 feet to the beginning of a curve to the left having a radius of 299.95 feet; thence along said curve an arc distance of 4.89 feet through a central angle of 0°56100"; thence S 621156" W 849.32 feet to Point A, Point A also being the beginning of a curve to the left having a radius of 180.00 feet; thence along said curve an arc distance of 142.83 feet through a central angle of 45027'48"; thence S 39°05152" E 361.93 feet to the beginning of a curve to the left having a radius of 650.00 feet; thence along said curve an arc distance of 125.76 feet through a central angle of 11005'09"; thence S 50°11"01" E 116.57 feet to the beginning of a curve to the right having a radius of 330.00 feet; thence along said curve an arc distance of 123.19 feet through a central angle of 21°23118"; thence S 280471431' E 18.27 feet to the beginning of a curve to the right having a radius of 240.00 feet; thence along said curve an arc distance of 227.21 feet through a central angle of 54014135"; thence S 25°26152" W 124.87 feet; thence S 2602410411 W 165.23 feet; thence S 2802014711 W 385.13 feet; thence S 29°111551' W 98.74 feet to a point on the south line of said Northwest quarter of Section 17, said point being S 86056116" E 54.11 feet from a concrete monument with a Department of Natural Resources brass disc, and the Terminus of said centerline. The side lines of said 60 foot easement to be extended or shortened to meet at angle points and to terminate at the north .line of said Section 17 and the south line of the northwest quarter of said Section 17. Together with that portion of the Northwest quarter of said Section 17 lying within a strip of land 60 feet wide, the center line of which is described as follows: Beginning at the above described Point A; thence S 6021156" W 113.90 feet; thence S 12032120" W 107.52 feet to the beginning of a curve to the right having a radius of 232.00 feet; thence along said curve an arc distance of 414.94 feet through a central angle of 102°28'30; thence N 64059110" W 224.16 feet to the beginning of a curve to the left having a radius of 275,00 feet; thence along said curve an arc distance of 330.34 feet through a central angle of 68049129" to the beginning of a compound curve to the left having a radius of 772.36 feet; thence along said curve an arc distance of 123.80 feet through a central angle of 9011'01"; thence S 370001191' W 641.47 feet to the beginning of a curve to the left having a radius of 420.00 feet; Page 3, of q thence along said curve an arc distance of 259.33 feet through a central angle of 35022'400';thence S 1037140" W 79.61 feet; thence S 0°46134" E 115.09 feet to the beginning of a curve to the right hawing a radius of 263.79 feet; thence along said curve an arc distance of 137.52 feet through a central angle of 29°52'15" to a point on the south line of said Northwest quarter of Section 17, said point being S 86°56'41" E 434.33 feet from the southwest corner of said northwest quarter of Section 17, and the terminus of said centerline. Except any portion lying within the Northwest quarter of the Northwest quarter of said section 17. The side lines of said 60 foot easement to be extended or shortened to meet at angle points and to terminate at the south line of the northwest quarter of said Section 17. Page H of y 1 youT or WAY D££i) ROAD XNdWN A9 _Go1d...Gzeak. Read .... ...:.............. ,mow Am mm, 9Y Tins' P1SE;3EisTs. Tn(AT_., CZTX 0? BgBKEiT09 o a tauniCipal cozporati.on, s1� taSp. la the Stata of �Y............... I ......... I.... .........,.................. o[ the County n[ ... . ...... Washintttorn, In considerstion of the henrtlu and other yaluaolrronsldentlon.c and the sum al i,...:'.:...., +r.......... Dollary paid ............it,,,,,,,, the receipt wherear is hereby sclthe County ha.. a Iranted, bargained, abed and convoyed, and by these presents do Irani, bargain, self and Convey unto the County on lCtta.p the following described pstcel of land sltuated In ltitunp County. State ut Washsnt{ton, to -wit:• t7 hi 24 That portion of the northwest quarter d: asCtic _ ra e 1 feet W.M., which is eontainad wit in a etrip.of lend f5U rae� fel w t , be ng 30 feet on each side cf a.centerllnetownehibe4anortYslvrange 1 Beginning at the narthweet corner of eectiorl.l7, p Dint of beginning; west, W,M.; thence S 69009133".E 2054.24 feet,�to the true p theme S 6°44427" 'W 131.07 .Leet; thence on a curve to the left .haAag a 00 radius ct 300 fact, 1011n43al angle fae to of point�which ashall ben are designated�aseat; thence 8 548 27 Point "�►"; thence N 81441'57" E 22.50 feet; thence curvean the of hanngg a radius of 100 fetaeEn3t83192nteetle atthence on a Curve to the right 103.76 feet; thence's 38051103"of a t " an arc length of having.a radius of 300 feet, s central angle thence3on5arcurve to the left 7.26 lest-; thence 9 37027,48" B 138.66 feet; an arc length of hal a radius of 1.00 feet, a central angle Of 32050120",- 57.31 feet; thal;ce S 70°18'18" E 38.31 feet; thence on a varve to the right having a radium Of 100 feat, a central angle of 34°37'30"� an arc lengtthe h of 60.43 feet; thence S 35°4d' " 209.71 feet; thence on a curve arc length left having a radius of 300 tee,Ea5central 7.42 ar thsnca❑on3a4cU ve to the right of 4.63 feet; thence 3 36033148"an Of IM heviag a radius he ce1S0feet, a 25.47'12"oWn102 24tral nfaetgla gfthOA08.0n"a curve ctoethe hright 148.82 feet; an aro length of having a- radius of 200 fee , a ventral angle he ce On 15", 91t.76' feet;thence 3 52°04' 27" X feet; thence On 3 curvean arc tlength of having a radius of 200 feet, a centra angle or 2w 1�F 30 r 84.62 feet; thecae 27"49'57" W 224.47 rest; thelide 'on a curve to the right having a• radius of 300 feet, a central angle -L 1°51'00", curve are. length o 4A teen thence on a curve to the left 9.69 ,feet; thence S, 29°40' 57" W 201. , heaves a radius of 300 teat, 'a central angle of 3042115" . an are length tit 1,9.39 feet; thence S.25°58'42" W 316.43 feet; thence an a curve to the right =d r?°�tar...-... the owner.........: of said property dae6... basert the above benefits bad other valua6la canaldeeatians aM Hiving a radius of 300 feet, 'a central angle of 7°5x'15", an arc length of 41.04 feet; thence S 33.4$157" W 80.11 feet to the to plat la said read, which at this point is located upon the property of the flat of a. Tahuya Lake-' on the eastern shore -Of eLake Tatuyoiat "A", ae designated in - AL30 IHC IUDII�O TIS FOLLOWIIiat- Cofer 5 a central angle of 43°�1d0" the above Legal- description; thence S b°57+27" W 85.33 feet; thence an a curse to the right having a'radiue.of•l00 feetK W 100.03 feet; thence on a an err; length of 76.21 feet; thence S 50037 27 of curve to the right havlfeet;rthenceafS-97°5300 142" wc65.871feetlathence°onT•et5" ast are length o2 5 curve to the right havigoa radiusfeat,.thence�-Na64.30r48"aW 222ft .32 feet; 27035'30", an are lengtha radius of 240 feet, a central dingle thence on a curve to. the left having of 27.11'04"r an aro length of 94.89 Leet; thence S 88418412" K 77.21 fee • foot, " x 94.87 fast; thence on a curve to the Is 2 feet,' thencel8�5'7"" 2 ventral angle of. 30'29'30"r an arc. length a radius of 200 fest, a centrale angle teener on a' ourve. to the left having thencof e o 00"� an arc 'Length of 74.99 feet; thence S us ofS°200fO W 7a central fret; thence an a curve to the left having festare. itnenae�3�20°45'35"olfntral ala of 15.34'07"•+ an aro lerigt 1 2 feat; theao#26'16tcurrv�eatoarc l the engtheft hof191.69rfeeti Shutes radius S'503012511 503Ar2511 211,24 flat; thence on a .curve to the richt haring-. of 100 feet , -a central angle of 42.47400". a>ti arc length at road, tett thence s 37.16'35" W 145.83 feet to the terminus of said road, which at thin: point ie looAted upon the property of the plat at ;shwa I,aYr ext the t+raeterzt Chore at Tahuy a Lake. Y vot f 7e 0 FIA81 a - ALSO That portion of the 0 of the HWjF of the S1t734= of the SE9 of the SW34; and of the So of the Swy, section 8, township 24 north, range 1 weet, W.M., which is contained within a strip of land 60 feet in width, being 30 feet gn'eaoh vide of a centerline described.ee fol'laws: Coaunenoing at the NW corner of said section 8; thence H 86012920" W 121.89 feet along the H section line of section 7, township 24 north, range 1 west, W.M.'; thence 17.79°17'25" E 951.50 .fee•t;'thence S 71-021105" S 1271.79 feet to the true point of beginning; thence S 16023'03" W 897.99 -toot; thence through a curve to tha right having aradius of 300 feet, a oentral angle of 3°49153" and an aro length of 20.06 feet; thence S 20012e56"•'d 714.76 feat; thence on a curve to the left having a radius of 2QU feet,.a central angle of 20007152", an arc length of 70.27 feet; thence S 0°05104" W 410.02 feet, -thence on a curve to the rignt having a raaius of 200 feet, a-centrai angle of 22.19'38" an ar[c, length of 78.02 feet; thence 8.22°24'4x" W 348.64, feet tc a point lying S ©8050',19" E 1439.31 feet: from the WA corner of section B, township 24 north, range 1 west-, W.M.; thence continuing S-22024142" W 686.97 feet; thence on a curve to the left'having-a radius of 100 feet; a central angle of 47014'00" en arc length of 82.44 feet; thence 5 24"49'18" S 291.53 feet; thence on a curare to'the left having a radius of 300 fiat, a central angle of 10°49115" an arc length of -56.79 feet; thence,S 35°38'33" S 282.54 feet; thence on "a curve to the left - having a radius. of 300 feet, a central'angle of 8050130" an•ard length of 46.29 feet; -thence -S 44029103" a 385.65 feet;.thence on a curve to:the right having a radius of 300 feet, a central angle of 13044'30" an aro length of 71.95 feet-; thence 5 30°44'33". S 208.92 feet; thence on a curve to the right. having a radius -of 200 feet, a central angle of 1.5009900"•an arc length of 52.88 feet; thence 8 15035-1-33" 250:34 feet;.thence on a curve -to the right having a radius of 200 feet, a central angle of 22°20'00', an arc length of .77. 96 feet; thence S 6044'27" W 450.74 feet to a point on the S line of section 8, township 24 north, range 1 treaty W.M.', said point lying S 89609133-" E 2054.24 feet from the SW corner of said section ,8. • the•aum off .... �... ............... in full settlement of all claims for darna;ts, tf any, or dams9*1 that may arlae, to abuttinr property in full paymenof all clalms to the property so conveyed. �e TO HAVX AND TO 14OLi3 the mama, unto the County of XiLump for the puspoae of a pubtle rad forever. IN ArrtN= WH .OF, have hereanto set .—AUX. hand.0....... and seal.[F........ 'CXTY 0P RREME8TON, ;� Mar.cis .....:........................- , 19:x.2.. a i,oipal co oration A AT....... 1�...•-... rLL.C�G� G .............. �� v Rutha . Gull,in, Aoting Mayor ........................ .... ............... ,....... ............ ....... ................. ........_.. CsICAI•) STA OF WASHtMOTON, 1 Caun1T ad1C[tmsip j Southerland _....................................:......., a Notary Public to and for the Slate of Washington, do hereby tettStr that on thla ...... �4?3................... day .............. ......... ...,................ ,.................... A.17.. t9 5 ....,, Pusaetally appeared' bran. tae rMut Cc_ CuZ1 n,•..Aatxnl .. &� ar.,.lind........ .....T::, Na a rar►,...GS.tY..Clerk.,..r. Ai Okla � ,tL..S�..Brerrse•rton ......... .......... ...... .....:,..,.........,................:............., to roe kneern sRA;�the UWl'iduals d"nibed in and who executed the wlthtn instrument, and titknowtedged that ..,..... May ......,...t+ �3`,iltivegat��ealed the amine as frw and Voluntary act and deed, for the purpose therein rnrrdlQ�� Dlwn under my hand and afftelal seal thJa .....n. day a[ ..,...... NO In in for a]:� ,j• r ice.......... Ramlding al :L . - 1... .......... .... .,. fffi rUW for record ' 4f/JeJL4 F..... ....., 19,.5E ., a! ...�`e :�. �.. . hd., 4 iaslaaetx AUD1T019. RtTRAPG(eUHTT, W,\Cee AGENDA BILL CITY OF BREMERTON C 1 CITY COUNCIL SUBJECT: Amend the authorized Positions in the Department of Community Development from (2) BDS-11 positions to (1) BDS-11 & (1) BDS-III; and increase the 2017 Personnel Budget by $6,350 SUMMARY: Study Session Date: February 22, 2017 COUNCIL MEETING Date: March 1, 2017 Department Presenter: Phone DCD Andrea Spencer (360) 473.5283 The Director of Community Development proposes to modify the authorized positions within the Building Division from (2) Building Development Specialist II (BDS-11) positions to (1) BDS-11 and (1) BDS-III. Please see the detailed explanation in the attached memo. ATTACHMENTS: Staff Memo. FISCAL IMPACTS (Include Budgeted Amount): This would eliminate (1) of (2) authorized BDS-11 positions and would add (1) BDS-III position as of July 1, 2017 equaling a total budget increase of $6,350.00. STUDY SESSION AGENDA: ❑ No Presentation o Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to amend the authorized positions in the Department of Community Development from (2) BDS-11 positions to (1) BDS-11 and (1) BDS-III; and increase the 2017 personnel budget by $6,350. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/07/15 a. . MEMO TO: Bremerton City Council FROM: Andrea Spencer, Director of Community Development SUBJECT: Attachment to Agenda Bill to amend the authorized positions within DCD and increase the 2017 personnel budget by $6,350 In the 2017 budget City Council authorized an additional Building Development Specialist II (BDS-II) position at mid -year, and as of July 1 there are (2) BDS-II positions authorized in DCD. The BDS-II position is commonly referred to as "Building Inspector / Plans Examiner" and this classification is an entry-level position in the inspection / plan review trade. The justification for the added position was to help in the economic development of the city and to deal with our significant increased permit load. Unexpectedly at the end of 2016 our existing BDS-II retired after 11 years with the City. We began recruitment immediately — the application window closed at the end of January and we conducted interviews the first week of February. The recruitment process that the city uses creates a hiring register that is good for a number of months. At the beginning of the recruitment we were hopeful that the hiring register would provide us with excellent candidates to replace the retired BDS-II immediately, as well as the opportunity to hire July 1 with our mid -year authority to hire the second position. Despite wide outreach, the City only had three qualified applicants. The interview process resulted in only two candidates on the hiring register. We offered the job to one candidate, and he declined because the pay was not commensurate with his expectations, certifications, and experience. We've offered the position to the second candidate; he has accepted and will join the City at the end of February. The new hire, while qualified for the entry-level position, does not have the length of time that our retired inspector had and there will be a period of time that the new hire will need to be trained in order to be at the same level of experience we had with our retired inspector. Historically, the department had a BDS-III position, which is a more experienced building inspector / plans examiner. When Ms. Vaughn was promoted from BDS-III to Building Official in 2012 we did not backfill the BDS III position in order to save money. With the retirement of the BDS-II at the end of 2016, we are now in need to fill a position with a more experienced person. The addition of a BDS III serves several City needs: • Recruitment for staff is extremely difficult. The addition of this BDS-III position would likely improve our ability to recruit more qualified applicants in this highly competitive job market. Having a tiered approach of staff within the City's organization (BDS-II, BDS-III, and Building Official) aids in the department's succession planning and will demonstrate to staff that there is growth potential within the organization and may potentially help us retain staff members. • The more experienced and trained position will allow us to deal with the increased volume of permit submittals and the fact that the City is getting more new commercial and multi -family buildings that require the experience of more highly experienced and certified inspector / plans examiner. The need for a more senior inspector was not anticipated at the time of the budget development because the incumbent in the BDS-II had not announced his retirement. • Finally, the more experience, education, and certifications that city staff possess can also have a positive impact with the City's rating by the Washington Survey and Ratings Bureau (WSRB). A highly educated, trained, and certified staff leads to a higher rating by WSRB, which in turn can equate to less expensive insurance for our citizens. AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Amend Consulting Agreement with BMcConsulting LLC to extend the term of the contract from January 1, 2017 through June 30, 2017 C2 Study Session Date: February 22, 2017 COUNCIL MEETING Date: March 1. 2017 Department: Executive Presenter: Michael Riley Phone: (360) 473-5303 SUMMARY: On September 21, 2016 the City entered into a consulting agreement with BMcConsulting LLC. to provide lobbying services through December 31, 2016. This amendment extends the term of the contract through June 30, 2017. Payment not to exceed $30,000 as identified in the 2017 approved budget. ATTACHMENTS: BMcConsulting LLC Agreement Original; First Amendment to Consulting Agreement FISCAL IMPACTS (Include Budgeted Amount): $30,000 General Fund Non Departmental (included in 2017 approved budget) STUDY SESSION AGENDA: ❑ No Presentation 0 Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the first amendment with BMcConsulting LLC in the amount of $30,000; and authorize the Mayor to finalize and execute the amendment with substantially the same terms and conditions as presented. COUNCIL ACTION: ❑ Approve Form Updated 01/07/15 ❑ Deny ❑ Table ❑ Continue ❑ No Action 6.161 b?e 6;1�_ �Z / I BMcConsulting Bryan McConaughy CONSULTING AGREEMENT BETWEEN THE CITY OF BREMERTON AND BMcCONSULTING This letter agreement (this "Agreement") will confirm that BMcConsulting LLC, located at 15 Marble Beach Dr NW, Gig Harbor, WA 98332 (hereafter referred to as the "Firm") agrees to advise, represent and render related services to the City of Bremerton, located at 345 6"Street, Suite 600, Bremerton, WA 98332 (hereafter referred to as the "Client") on state and regional matters as identified in Exhibit "A." The parties hereby agree as follows: 1. TERM - This Agreement is for the term September 1, 2016 through and including December 31, 2016. Either party may terminate this Agreement at any time for any reason upon thirty (30) days written notice, subject to those obligations set forth hereafter which arise upon or survive termination. This agreement can be extended by agreement of both parties for an additional period beyond the initial Term. 2. SERVICES AND REVIEW - During the term of this Agreement, the Firm, via Bryan McConaughy, shall perform the services described in the Scope of Work attached to this Agreement as Exhibit "A." The services performed by the Firm shall not exceed the Scope of Work without prior written authorization from the Client. 3. COMPENSATION - As full compensation for services rendered by the Firm during the term of this Agreement, the Client will pay the Firm $5,000 per month for the term contract period. 4. EXPENSES — In addition to the monthly payment, Client shall reimburse the Firm for reasonable and necessary expenses incurred by the Firm on duties relating to the scope of work outlined in Exhibit "A," provided that the total amount for expenses shall not exceed $500 per month without prior authorization from the Client. 5. CONFIDENTIALITY - The Firm agrees to protect in strictest confidence all non-public documents and proprietary information of Client, under this Agreement. This Section shall survive the termination or expiration of this Agreement. 6. INDEPENDENT CONTRACTOR — The Client and the Firm agree that this Agreement does not create an employment relationship between them and that the Firm is and shall remain an independent contractor. The Firm agrees that it does not have, and will not hold itself out as having, the authority to bind the Client or any of its affiliates in any way. 15 Marble Beach Dr NW • Gig Harbor, WA 98332 • (206) 953-6026 • bryan@bmcconsulting.net BMcConsulting Bryan McConaughy 7. INDEMNIFICATION — The Firm shall defend, indemnify and hold the Client, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the performance of this Agreement except for that portion of the injuries and damages caused by the Client's sole negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE FIRM'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. 8. INSURANCE — The Firm shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Firm, its agents, representatives, employees, or sub -contractors. Before beginning work on the project described in this Agreement, the Firm shall provide a Certificate of Insurance to the City's Risk Manager verifying the following coverage: 1. Professional Liability policy ("E&O") providing coverage of $1,000,000 for errors and omissions committed by the Firm while performing its obligations under this Agreement. 2. Workers Compensation insurance as statutorily required by the Industrial Insurance Act of the State of Washington, Title 51, Revised Code of Washington. All required policies shall be provided on an "occurrence" basis except professional liability insurance (if required), which may be provided on a "claims -made" basis. Insurance shall remain in full force and effect, and provide coverage for the full term of this Agreement. The Client reserves its unqualified right to require at any time and for any reason, proof of coverage. The Firm shall be solely responsible for the acts and failures to act of its personnel which arise in any way out of the Firm's performance of this Agreement. Any payment of deductible or self-insured retention shall be the sole responsibility of the Firm. 15 Marble Beach Dr NW • Gig Harbor, WA 98332 • (206) 953-6026 • bryan@bmcconsulting.net BMcConsulfing Bryan McConaughy It shall be an affirmative obligation upon Firm 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`h Street, Suite 600, Bremerton, WA 98337, thirty (30) days ahead 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. 9. GENERAL CONDITIONS - A. Reports and Information: When requested by the Client, the Firm shall furnish periodic reports and documents on matters covered by this Agreement. The reports and documents shall be furnished in the time and form requested. The Firm shall maintain accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to substantiate all billed amounts. B. Ownership and Use of Records and Documents: Original documents and reports, including those in electronic format, developed under this Agreement are the property of the Client. All written information submitted by the Client to the Firm in connection with the services performed by the Firm under this Agreement will be safeguarded by the Firm to at least the same extent as the Firm safeguards like information relating to its own business. If such information is publicly available or is already in Firm's possession or known to it, or is rightfully obtained by the Firm from third parties, Firm shall bear no responsibility for its disclosure, inadvertent or otherwise. C. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. D. Modification: This Agreement may only be modified by written instrument signed by both Parties. E. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power. F. Non -Waiver of Breach: The failure of the Client to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein conferred in one or more instances shall not be construed to be a waiver or relinquishment of said covenants, agreements or options, and the same shall be and remain in full force and effect. G. Choice of Law and Venue: This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. 15 Marble Beach Dr NW • Gig Harbor, WA 98332 • (206) 953-6026 • bryan@bmcconsulting.net BMcConsulfing Bryan McConaughy H Attorneys' Fees: In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney's fees. 10 NONDISCRIMINATION - The Firm shall not discriminate in employment or services to the public on the basis of race color, national origin sex religion, age, marital status, disability, or sexual orientation except for employment actions based on bona fide occupational qualification. 11. COMPLIANCE - In connection with the performance of services under this Agreement, the Firm will comply with all applicable federal, state and local laws and regulations including those laws applicable to lobbying. As required, the Firm shall register as a lobbyist and file periodic reports as required, all at its own expense, with the Washington Public Disclosure Commission and any local department executive services as may be necessary. The Client shall be responsible for any employer -related fillings that may arise. 12. COMMUNICATION — The Firm's primary point of contact is the Mayor. If representatives of the Client communicate with members of the Firm pertaining to the scope of work, they are to notify or "cc" the Mayor and Council President. 13. SEVERABILITY — If any term, provision, covenant or condition of this Agreement, or any application thereof shall be held by a court of competent jurisdiction to be invalid, void or unenforceable, by any rules of law or public policy, or otherwise, all provisions, covenants and conditions of this Agreement thereof not held invalid, void or unenforceable, shall continue in full force. B n McConaughy, Pri al BMcConsulting LLC AGREED TO AND ACCEPTED This 2-'54 day of September, 2016 By: Pa en , Mayor City o r merton 4 15 Marble Beach Dr NW - Gig Harbor, WA 98332 - (206) 953-6026 - bryan@bmcconsulting-net BMcConsulting Bryan McConaughy EXHIBIT A SCOPE OF WORK Consultant shall provide the City of Bremerton with the following governmental affairs services: • Work with the Mayor and City Council to develop a holistic legislative agenda. • Meet with Legislators to promote city legislative agenda items. • Develop 2017 legislative agenda in conjunction with the Bremerton Mayor and City Council. • Develop and lobby for Transportation and Capital Budget funding requests identified by the Council and the Mayor. • Lobby the Legislature on all issues developed under the legislative program. • Lobby defensively on legislation that is introduced that would negatively impact the City. • BMcConsulting would register as the City's lobbyist with the Public Disclosure Commission. • Attend and, as needed, help organize, West Sound Alliance meetings to ensure City of Bremerton interests are addressed. • Attend/monitor Puget Sound Coordinating Council to ensure City of Bremerton interests are addressed. If Consultant is hired to support the City of Bremerton during session, the following will be included to the scope of work: • Provide the Mayor and City Council with a weekly legislative report during the legislative session that includes weekly hearing schedules and a summary of bills important to the City. Identify legislation that would impact the City of Bremerton specifically. • Attend all relevant legislative hearings. • Develop talking points and testimony, as needed, for meetings with Legislators and testimony before legislative committees; help coordinate such visits with city officials. 9 15 Marble Beach Dr NW • Gig Harbor, WA 98332 • (206) 953-6026 • bryan@bmcconsulting.net FIRST AMENDMENT TO CONSULTING AGREEMENT BETWEEN CITY OF BREMERTON AND BMcCONSULTING THIS FIRST AMENDMENT, entered into on the date fully executed below, specifically amends the Consulting Agreement ("Agreement") entered into between the City of Bremerton and BMcConsulting LLC on September 1, 2016. WHEREAS, the parties desire to amend the Agreement, as set forth in this First Amendment, to extend the term of the Agreement for six additional months; NOW THEREFORE, for valuable consideration and by mutual consent of the parties, the Agreement is amended as follows: 1. Term Extension. Section I entitled Term of the Agreement, is modified to extend the term of the Agreement from January 1, 2017 through June 30, 2017. 2. This document will become a supplement of the Agreement and all provisions will apply hereto. All other terms of the Agreement not specifically amended herein shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Agreement on the day and year written below. BMcCONSULTING LLC By Bryan McConaughy Its Principal DATE: APPROVED AS TO FORM: Bremerton City Attorney R:\Legal\Legal\Contracts\EXECUTIVE\BMcConsulting Amend Ldoc CITY OF BREMERTON By Patty Lent Its Mayor DATE: ATTEST: City Clerk Advocacy Welcome to AWC's online library of Legislative Bulletin and CityVoice news articles and other updates. PUBLISHED ON FRIDAY, FEBRUARY 17, 2017 What 350+ city officials heard in Olympia During gatherings both on and off the Capitol campus, officials from 114 cities and towns heard some promising and not so promising news. Governor Inslee and numerous legislators from both parties and chambers shared their perspectives on what they consider key issues and their views on AWC's priorities. The conversations were cordial, respectful, and frank. There was general consensus that: • Little, if anything, gets settled unless they can reach agreement on adequately funding K-12 education; • Efforts to modernize the Public Records Act are headed in the right direction and as negotiations continue, legislation should keep moving forward; • Finding new ways to help fund local infrastructure remains critically important, but how to fund it continues to be a problem; • More housing is needed for a growing population and in particular, for those on our streets; • Mental health services need better focus and more funding; and • Elected officials at the local level are best situated to address local needs, but not all the right tools and resources are available to do so. Priority bills - Support Public records: • HB 1594 — Improving public records administration • HB 1595 — Concerning costs associated with responding to public records requests Homelessness, housing & human services: • HB 1570 — Concerning access to homeless housing and assistance • HB 1797 — Concerning encouraging affordable housing development and preservation by providing cities limited sales tax remittance for qualifying investments, providing cities and counties authority to use real estate excise taxes to support affordable housing, and providing cities and counties with councilmanic authority to impose the affordable housing sales tax • HB 2057/SB 5797 — Concerning services and processes available when residential real property is abandoned or in foreclosure Local infrastructure: • HB 1677/SB 5496 — AWC-led Public Works Trust Fund reform bill to retain remaining account resources and creating a program more focused on small communities. • HB 1392/SB 5265 — Authorizing funding for the public works board loan list (requires funding) • HB 1051 & 1324, SB 5033 & 5088 — Various approaches to creating a program to assist cities in accessing lower rates through the private bond market Local authority: • HS 1764/SB 5772 — Replacing the one percent property tax revenue limit with a limit tied to cost drivers • SB 5777 — Improving the business climate in this state by simplifying the administration of municipal general business licenses City-state partnership: • SHB 1113/SB 5240 — Gradually increasing the local government share of excess liquor revenues until the percentage -based method for distributions is restored HB 2076 — Increasing marijuana revenue distributions to local jurisdictions Other bills to support • HB 1047 — Establishing a statewide pharmaceutical take -back program • HB 1123/SB 5251 — Creating the Washington Tourism Marketing Authority • HB 1227 — Concerning correctional industries' insurance costs • HB 1343/SB 5135 — Allowing for greater participation in the Main Street Program by increasing the total amount of tax credits allowed • HB 1432/SB 5353 — Directs State Department of Health to continue the process of consolidating the state's physical and behavioral health systems • HB 1490 — Deferring pavement condition reporting and with a pending amendment, studying ways to consolidate various reporting requirements • HB 1663/SB 5501 — Creating a temporary tax surcharge on hazardous substances to stabilize funding in the account that funds local stormwater and toxic clean-up projects • HB 1885 and SB 5239 — Clarifying availability of water for growth and for municipal purposes — works in progress • SB 5005 — Identifying certain water rights held by municipal water suppliers as rights available for municipal supply purposes. • SS 5676 — Clarifying and equalizing public defense distributions to cities and counties Monitor (Bills noted with an *asterisk are ones we are hoping to support if our issues can be addressed. Others are of concern if not amended.) *HB 1017 & SB 5651 — School Siting outside urban growth areas SHB 1099 — Addressing local government's unofficial moratoria on state -licensed marijuana retain outlets SHB 1538 — Requiring prime contractors to bond the subcontractors portion of retainage upon request HB 1682/SB 5652 — Concerning actions by Boundary Review Boards Association of Washington Cities 1 1076 Franklin St SE, Olympia, WA 98501 1 awcnet.org 1 360.753.4137 Advocacy Welcome to AWC's online library of Legislative Bulletin and CityVoice news articles and other updates. PUBLISHED ON FRIDAY, FEBRUARY 17, 2017 City business license and tax bills heard in House and Senate, SSB 5777 moves out of committee Both city business license and tax proposals HB 2005 and SB 5777 were heard in their respective committees last week. Both bills implement the recommendations of the 2016 task force to increase the number of cities in the state's Business Licensing Service (BLS) and include a requirement that cities develop and implement a licensing threshold. The bills also create a work group of cities with a B&O tax and businesses to draft changes to the apportionment of service income under RCW 35.102.130. Thanks to Paul Roberts, AWC Immediate Past President and Everett councilmember, and Glen Lee, Seattle Finance Director, for testifying with Peter King, AWC CEO in the House Finance Committee on HB 2005. The panel expressed support for implementation of the task force recommendations and shared some concerns regarding provisions mandating participation in BLS, prohibiting additional cities to join FileLocal for licensing after July 1, 2017, and lack of partnership in BLS administration of local licenses. Thanks as well to Mayor Patty Lent, Bremerton, who testified with AWC the next day in support of SB 5777 in the Senate Commerce, Labor & Sports Committee. SB 5777 includes a different approach to requiring cities to administer their licenses through BLS, including additional flexibility for cities to determine when joining BLS would cause hardship and allowing cities to choose to participate in FileLocal. SSB 5777 moved out of committee later that day, with the expectation that there will be further changes to the bill language when the bill moves to the floor in the next few weeks. Finally, thanks to Patrick Connor, NFIB, who provided the small business perspective to cities on these proposals as part of a panel discussion at the City Action Days conference last week. We remain hopeful that we can work with the bill sponsors and stakeholders on potential amendments to ensure legislation moves forward implementing the task force recommendations while preserving local authority. A fact sheet outlining the main provisions of the bills is attached. The Legislature is considering two bills with impacts to city business licenses or taxes, HB 2005 and SB 5777. HB 2005 SB 5777 Licensing Nearly every city with a business license With certain exceptions, every city with a would be required to join BLS. DOR business license would be required to join would onboard at least six cities each BLS. DOR would onboard at least six cities year through 2021. The remaining cities each year through 2021. The remaining would be required to join by 2027 cities would be required to join by 2027 Exceptions A city can decline BLS if it participates in A city can decline BLS if it participates in FileLocal as of 7/1/17, or has a population FileLocal; determines partnering would less than 500 and the city determines cause hardship; or continuing to partner that partnering would cause significant with BLS is not practicable, with 60 days hardship due to lack of fiscal or technical notice. Hardship includes: lack fiscal or ability. DOR may delay if insufficient technical ability, lack support from city funds, unforeseen circumstances, or DOR legislative authority, preference for local determines delay necessary. system, or other hardships identified by the city. DOR may delay if insufficient funds, unforeseen circumstances, or DOR determines delay necessary. License fee A city's business license fee must be a Same as HB 2005 (but cities may leave BLS structure that BLS can accommodate under certain circumstances) according to DOR's sole discretion, and city licenses cannot be renewed more than once per year. Model ordinance for local Cities, with input from business Same as HB 2005 business licenses — associations, will develop and adopt a minimum threshold model ordinance for business licensing which must include a mandatory definition of "engaging in business" and a minimum threshold or occasional sale exemption to establish a threshold for when out of town or transient businesses will be required to be licensed. Advocacy Welcome to AWC's online library of Legislative Bulletin and CityVoice news articles and other updates. PUBLISHED ON FRIDAY, FEBRUARY 17, 2017 Bill crafted to increase cities share of marijuana excise taxes HB 2076 would increase the amount that would be distributed to cities and counties. The bill was introduced by Rep. Condotta (R — Wenatchee) and enjoys bi-partisan support. Marijuana excise tax is collected by the state and a portion is then distributed among various recipients, including cities and counties. Currently, the total amount distributed to local governments is capped at $15 million per year in fiscal years 2018 and 2019, and $20 million in years thereafter. The bill would increase the amount of the annual cap to $20 million in 2018, $30 million in 2019, and $40 million thereafter. AWC is supportive of this legislation and other measures to better share revenue from marijuana legalization. You can check out how much the Liquor and Cannabis Board has been allotted to your City for fiscal year 2017 on the attached. FY 2017 Distributions to Local Governments for Marijuana Enforcement CITY NAME FY17 DISTRIBUTION ABERDEEN $ 12,178.20 AIRWAY HEIGHTS $ 13,081.36 ANACORTES $ 9,799.48 ARLINGTON $ 54,991.20 AUBURN $ 39,326.68 BAINBRIDGE ISLAND $ 16,419.28 BATTLE GROUND $ 26,495.76 BELLEVUE $ 78,867.88 BELLINGHAM $ 74,442.92 BINGEN $ 8,216.16 BLAINE $ 3,834.76 BREMERTON $ 27,989.12 BUCKLEY $ 93,872.88 CHEHALIS $ 24,458.72 CLARKSTON $ 11,429.32 COLVILLE $ 9,463.32 COVINGTON $ 14,632.12 DES MOINES $ 50,429.48 EAST W ENATCHEE $ 8,114.20 ELLENSBURG $ 46,816.12 EPHRATA $ 5,695.08 EVERETT $ 137,097.92 FERNDALE $ 4,566.76 FORKS $ 2,726.60 GOLD BAR $ 3,439.76 GOLDENDALE $ 2,310.00 GRAND COULEE $ 718.44 GRANITE FALLS $ 18,997.80 HOQUTAM $ 11,841.04 ISSAQUAH $ 37,466.96 KENMORE $ 7,610.36 KIRKLAND $ 43,339.00 LACEY $ 26,731.20 LAKE FOREST PARK $ 3,330.80 LAKE STEVENS $ 20,491.60 LAKEWOOD $ 49.76 LONGVIEW $ 47,792.80 MILLWOOD $ 84,901.12 MOSES LAKE $ 11,350.68 MOUNT VERNON $ 30,273.88 MOUNTLAKE TERRACE $ 3,385.68 NORTH BONNEVILLE $ 4,731.72 OAK HARBOR $ 27,395.96 OCEAN SHORES $ 6,214.80 OLYMPIA $ 50,300.92 OMAK $ 6,630.04 PASCO $ 1,472.76 PORT ANGELES Is 15,938.76 COUNTY NAME ASOTIN BENTON CHELAN CLALLAM FY17 DISTRIBUTION $ 17,143.96 $ 35,644.68 $ 34,436.76 $ 37,416.16 COWLITZ $ 71,689.20 DOUGLAS $ 12,171.32 FERRY $ 4,993.88 GRANT $ 26,646.24 GRAYS HARBOR $ 45,351.08 ISLAND $ 41,093.92 JEFFERSON $ 22,705.8_4 KING $ 1 085 869.84 KITSAP $ 126,773.64 KLICKITAT $ 15,789.241 MASON $ 27,577.92 OKANOGAN $ 12,923.56 PACIFIC $ 6,046.24 SAN JUAN $ 7,861.76 SKAGIT $ 78,324.52 SKAMANIA $ 7,097.56 SNOHOMISH $ 357,605.92 SPOKANE $ 413,531.76 STEVENS $ 14,195.00 THURSTON $ 139,076.92 WHATCOM $ 124,266.60 WHITMAN $ 37,899.68 COUNTIES TOTAL 2,80 ,133.20 FY17 DISTRIBUTION TOTAL TO CITIES $ 3,195,866.80 TOTAL TO COUNTIES $ 2,804,133.20 TOTAL DISTRIBUTION 6,000,000.00 CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337 Phone (360) 473-5280 2017 City Council Goals & Priorities Established at the Joint Planning Workshop on February 11, 2017 1) Increase Public Outreach through Social Media (Entire Council) • Optimize use of City's Facebook Page • Implement use of Twitter Account 2) Local Streets and Sidewalks Improvements (Public Works Committee) • Develop a Sidewalk Policy and Work Plan • Action Plan for Local Street Repair • Secure Additional Funding 3) Economic Development (Entire Council) • Focus on Growing Sales Tax Revenues • Reach out to Existing Business Owners • Hire an Economic Development Manager 4) Medical Care Services Succession Plan (Entire Council) 5) Annexation (Entire Council) • Increase Communication with Department of Community Development • Increase Public Outreach 6) Improve Intra -City Traffic Flow and Reduce Parking Congestion • Implement Parking Study Recommendations(Entire Council) 7) Public Works Audit • Define Parameters (Public Works Committee) • Select Audit Organization to Commence Audit 8) Increasing Regional Influence (Entire Council) 9) Pendergast Parks Master Plan (Public Safety & Parks Committee) • Determine Feasibility and Funding Sources 10)Code Enforcement (Public Safety & Parks Committee) • Update Policies and Ordinances