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03/01/2017 AGENDA PACKET
CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337 - Phone (360) 473-5280 ***AMENDED*** MARCH 01, 2017 CITY COUNCIL MEETING AGENDA 1. BRIEFING: 5:00 — 5:30 P.M. in t:OUNCIL CONFERENCE ROOM 603 A. Review of Agenda B. General Council Business (As necessary...) 2. CALL TO ORDER: 5:30 P.M. in FIRST FLOOR CHAMBERS A. Pledge of Allegiance B. Invocation 3. MAYOR'S REPORT 4. KEDA QUARTERLY REPORT — By Kathy Cocus, KEDA Business Development Director 5. PUBLIC RECOGNITION 6. CONSENT AGENDA A. Claims & Check Register B. Minutes of Joint Planning Workshop — February 11, 2017 C. Minutes of Special Meeting — February 13, 2017 D. Minutes of Study Session — February 22, 2017 E. Contract Award to Utility Pipeline Contractors, Inc. of Gig Harbor, WA for the Kitsap Lake Interceptor Siphon Replacement Project F. Resolution No. 3285 to amend Right -of -Way Deed for Tahuyeh Lake Road NW & Gold Creek Road NW G. Amend Consulting Agreement with BMcConsulting, LLC to extend term through June 30, 2017 7. GENERAL BUSINESS A. Interlocal Agreement with the Kitsap Conservation District for the Rain Garden Project B. Amend the authorized Positions in the Department of Community Development; authorize the hiring of the Building Development Specialist III on May 1, 2017; and increase the 2017 Personnel Budget by $24,806 8. COUNCIL MEMBER REPORTS 9. EXECUTIVE SESSION 15 -Minutes to discuss Potential Litigation per RCW 42.30.110 (1) (i); and a Real Estate Acquisition per RCW 42.30.110 (1) (b) No action is anticipated... 10. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING ® Americans with Disabilities Act (ADA) accommodations provided upon request. Those requiring special accommodations please contact the City Clerk at (360) 473-5323 at least 24 hours prior to the meeting. ECONOMIC 411 Quarter 2016 Economic Development Report DECity of Bremerton DEVELOPMENT October 1, 2016 — December 31, 2016 KITSAPALLIANCE BUSINESS RETENTION, EXPANSION AND ATTRACTION (BRER) — Q4 Retain, Expand and Assist Primary Businesses in Kitsap County (all jurisdictions) BRER Assistance Q1 Q2 Q3 Q4 YTD Total YTD % Annual Goal Information Research & Referrals 51 40 45 44 180 72% 250 Companies Assisted 31 42 62 54 189 126% 150 Visits and Presentations 19 34 55 29 137 137% 100 Start-up Assistance 7 3 11 4 25 100% 25 Early Stage Technology Firms Contacted 4 1 1 1 7 70% 10 Early Stage Technology Assisted 3 1 1 1 6 110% 5 Areas that did not achieve 100% (or higher) were result of: ✓ Fewer inquiries than anticipated ✓ Increased assistance in other areas, such as Procurement Technical Assistance Center (PTAC) ■ BRE/PTAC 60 50 40 30 20 10 0 Page 1 1 Early State Tech Firms Contacted Early Stage Start-up Assistance Terh Assisted 5% 1 Bainbridge Islar Q4 2016 arch ■ Recruitment 0 PTAC classes/events (attendees by location) ■ Inquiries & Reports Kitsap County Port Orchard Poulsbo ECONOMIC }N DEVELOPMENT KITSAPALLIANCE 4th Quarter 2016 Economic Development Report City of Bremerton October 1, 2016 — December 31, 2016 BUSINESS ATTRACTION ACTIVITY Date Code Name Comments & Updates started 12/15/2016 Land Lease Q4 2016: consulting seeking green space site 30-700 acres for R&D firm; referred to PSIC-B property owners 11/2/2016 investment 5 Q4 2016: meeting with regional developer re Kitsap opps 10/25/2016 Project Atlantic Q4 2016: referral from former board member; marine manufacturing seeking Bremerton site; planning Feb site visit 10/18/2016 investment 6 Q4 2016: met with representative conducting due diligence for purchase of multifamily housing Q3: Commerce lead for food manufacturing 15 -acre site. Submitted 3 sites in PSIC-B Q4 2016: 9/29/2016 Project Bolt Per commerce, project on hold following presidential election 8/8/2016 Project Speedy Q3 2016: lead from state for aerospace engineering, flight test and final production. 100 jobs by 2020; up to 2,000 by 2030. Must be by runway. Sent POB proposal. Q4 2016: followed up with state Aerospace director; Kitsap still one of four WA sites in consideration 7/12/2016 Space Start-up Q3 2016: lead from partner for startup seeking test site. Site visit at Port of Bremerton Q4 2016: continued discussions; meetings with KEDA, POB and City of Bremerton 6/19/2014 Project GH Q2 2014: lead from KEDA board member; contact made re possible expansion site; meeting set for mid-July Q3 2014: follow up with potential office space in SK q4 2015: site tour and follow up for future expansion Q1 2015: worked with workforce development on potential special needs workforce for client Q2 2016: client notes they are taking over a second nonprofit in Everett and expansion plans on hold q4 20: checked at Aerospace Futures alliance conference OTHER RECRUITMENT ACTIVITY — 04 • Conferences ■ FullConTech ■ Regional Leadership Conference ■ New Space Dinner ■ NBAA (aerospace) ■ AFA Conference (aerospace) • Hosted and/or presented at PTAC (Procurement and Technical Assistance Center) workshops which draw attendees from outside the county • Provided data based on inquiries including the following: ■ Top employers ■ PTAC assistance ■ Demographics • Actively involved with Washington Military Alliance and other activities being coordinated by Kristine' Reeves • Actively involved with Washington Maritime Federation • Actively involved with Washington Aerospace Partnership • KEDA's PTAC (Procurement Technical Assistance Center) works with clients outside Kitsap and is always listening for potential expansion or relocation opportunities for follow up • Continued Kitsap promotion via news releases, KEDA blog, Twitter, Linkedln, Pinterest and Facebook Page 1 2 ECONOMIC }N DEVELOPMENT KITSAPALLIANCE 4th Quarter 2016 Economic Development Report City of Bremerton October 1, 2016 — December 31, 2016 BUSINESS RETENTION AND EXPANSION ACTIVITY SITE VISITS/COUNSELING SESSIONS: NOTE: In the following posts, PTAC stands for Procurement Technical Assistance Center Page 1 3 Date Started .d e Name Notes 12/14/16 Real Estate 17 Q4 2016: Met regarding SEAP and future plans 3/25/16 Construction 32 Q1 2016: worked with client for presentation to NAVFAC Whidbey (in April) Q2 2016: attended contracting coffee hour Q3 2016: attended contracting coffee hour; attended Overhead class. Client has added one staff person. Provided client info on office space searches; Q4 2016: completed quarterly PTAC survey 12/21/15 R&D Q4 2015: client requested assistance with GSA schedule; also review federal procurement certifications Q1 2016: continued meeting with client regarding RFI process and GSA schedules Q2 2016: worked with client on GSA schedule application; continued education on Govt contracting Q3 2016: attended contracting coffee hour and working as a subcontractor; worked with Client on GSA schedule requirements and other marketing options Q4 2016: Assisted client with GSA schedule; SAM and dual Dun and Bradstreet accounts 2/27/15 Real Estate 10 Q1 2015: meeting re current opportunities and growth plans Q4 2015 worked with client regarding project funding options Q1 2016 intros to contacts for potential tenants Q2 2016: supported client in research of maritime facility Q3 2016: update on expansion status Q4 2016: update re Bremerton developments; video work; presented at event 5/29/14 Financial Institution 3 Q2 2014: site visit with special department regarding services; provided referrals for potential client research Q4 2016: meeting re leasing of extra space 11/20/13 Education 5 Q4: Attended Government Contracting 101 workshop; provided names for potential on-site locations for CTE director meetings Q1: followed up on inquiry regarding SAM and Small Business status; attended Jan "selling to the Navy" workshop q2 2014: meeting re upcoming RFP and best way to respond; follow up meetings re RFP as well as targeted research to support RFP; Q3 2014: client notified KEDA they did receive bid!!!; research for new program; provided link for previous research project Q3 2015: assisted client with small business sub -contracting plan Q1 2016: provided letter of support for grant application; attended coffee contracting hour Q2 2016: provided input regarding Small Business interaction for Govt contract; provided letter of support for grant application Q4 2016: followed up regarding subcontracting plan; provided potential vendor list; also counseled on outreach opportunities; attended Dec Contracting Coffee Hour 11/20/13 Maintenance Q4: Attended Government Contracting 101 workshop; Q12014: follow up regarding questions for SAM and WEBS, gave guidance on next steps. /Reviewed line card Q4 2016: talked with client regarding need for specialized marketing for government clients Page 1 3 ECONOMIC }N DEVELOPMENT KITSAP1 ALLIANCE 4th Quarter 2016 Economic Development Report City of Bremerton October 1, 2016 — December 31, 2016 7/3/12 PTAC21 Assisted with keywords for PTAC bid match search; Solved client's challenge with not receiving BiclMatch email notices Q3 2013: Client came to office for SAM assistance Q4: following up on query for name of sole contract award for PSNS ship preservation; attended Govt Contracting 101; provided input on research and marketing to expand client base; q1 2014: followed up with staff regarding NOVA lead for sub -contractors; client seeking opportunities outside government contracting. brainstormed options and referred to WorkSource for business development staff person; attended Jan "selling to the Navy" workshop Q3 2014: follow up re BiclMatch emails Q1 2015: provided info on Korte Construction subcontracting Q2 2015: attended Being a Subcontractor class part 1; assisted client with updating DSBS listing Q4 2015: client seeking assistance on 8a and HUB zone certification; follow up planned in Jan; attended small business participation plan class Q1 2016 met with client regarding 8a application and marketing Q2 2016: sent lead for IDIQ paint solicitation; attended contracting coffee hour Q3: 2016: attended contracting coffee; sessions 1 and 2 working as a subcontractor; provided assistance re DSBS listing Q4 2016: Educated client on how to access profile on DSBS listing; sent SAM guide as follow up; attended Nov Contracting Coffee Hour 6/6/12 Supplier 7 June: Attended PTAC class Govt 101 with emphasis on Woman Owned Business certification; goal is to increase Dol) contracts -- currently only selling in Kitsap Oct: client requested review of DIBBS contract; Mary Jo followed up Q2 2015: client ready to move from home to small warehouse; conducting search for sublease. Referred to SBA lender to purchase if no sublease found; attended May and June Contracting Coffee Hours; Q3 2015: one on one assistance with capability statement; attended PTAC events; referral for contract Q4 2015: provided bidmatch info; considering moving from home to commercial space - provided commercial real estate links to track; attended Nov contracting coffee hour Q1 2016: worked with client on 8a application and responded to inquiries re handling challenges on job site. talked with client about potential expansion; attended contracting coffee hour Q2 2016: worked with client on WOSB submission; forwarded appropriate leads from DLA; attended contracting coffee hour Q3 2016: attended contracting coffee hour; continued review of WOSB application Q4 2016: advised client on liability insurance brokers 5/1/12 Business Services 21 Meeting with client regarding current plans and challenges. Q2 2014: Meeting regarding potential partnerships and collaboration Q3 2014: research on ecommerce businesses Q4 2014: attended GEW social media workshop Q4 2016: requested meeting with new leadership; reviewed goals and Kitsap presence 9/27/11 Professional Services 7 PRE -2013: Worked with re business climate, needs and opportunities. Aided via PTAC for registrations and opportunities. Introduced to potential partners/clients. Q12013: sent info on relevant outreach opportunities. Q2 2013: New staff member attended Govt 101 class. Q2 2014: talked with client at SAME event; followed up with SAM info and DSBS link Q1 2015: researched commute patterns online and with state economist; Q3 2016: research re outside real estate investors in Silverdale medical sector Q4 2016: update meeting regarding specific product types Page 14 ECONOMIC DEVELOPMENT KITSAP` ALLIANCE 4th Quarter 2016 Economic Development Report City of Bremerton October 1, 2016 — December 31, 2016 9/9/11 Business Services 3 Met with client re business climate; growth needs. Follow up as needed Nov: follow up meeting Q4 2012: participated in focus group for client; Q1 2013: meeting with management re trends and 2013 forecast Q2: PTAC assistance re lien holdings Q3: client participated in briefing re regional climate Q2 2014: met with marketing dept. re social media and ways to connect with KEDA's outreach Q3 2014: worked with client on community event; provided referral for nonprofit research Q1 2015: provided input for resources to find new clients including Alliance Q2 2015: input and assistance for event benefitting local business; attend Small Business Finance for Govt Contractors workshop Q1 2016: introduced to potential clients Q4 2016: update meeting 10/12/10 Manufacturing 1 Site visit with WA Dept. of Commerce and Govt Office staff. Tour of facility and review of challenges with L&I. State following up with liaison contact at L&I to help resolve issues. 2011: Continued follow up. Dec 2011: Site visit with potential subcontractor. Q2 2012: Sent referral for potential business with aerospace OEM; Q3: site visit with electeds to determine needs; sent via partner details on workforce training incentives Q4: assistance with PR Q12013: Met re current business climate and how KEDA may assist Q3 2013: met re future plans and needs; continued follow up through the quarter Q2 2014: follow up re current growth plans 2015: worked with client on marketing, outreach; expansion; intros. Q1 2016: intros to exporting contacts to grow company Q2 2016: worked with client on Govt contracts; exporting increases Q3 2016: worked with client on grant resources; provided input on joint ventures; Q4 2016+: speaker at Decision Makers II; attended ceremony at facility 6/27/10 Defense 5 prior to 2012: PTAC client seeking contract assistance. 2012: Met with client regarding new proposal and provided input. June: sent email re upcoming Walsh construction bid seeking subs; Aug: Assisted client with Navy contracting questions Continued PTAC assistance Q1 2013: Sent info on prime outreach event; Worked with client on FAR interpretation and efficiencies on contracts Q2 2013: reviewed solicitation as requested to provide info for decision to bid or not Q3: worked with client on line cards and marketing; also advised re outreach for new business in Q4: met with NAVFAC small business officer at KEDA offices; provided input on marketing plan; client requested assistance on working contracting officers Q1 2014: review with client new teaming definitions; also reviewed sole source options Q2 2014: worked with client re labor questions and rights of contractor officer to change contract Q3 2014: attended HR and Personnel do's and don'ts class Q4: sent info to PTAC client seeking potential partners Q1 2015: assistance per request on 8A and teaming partners as well as marketing Q3 2015: provided list of local PTAC clients for computer maintenance q4 2015: worked with client on proposal reviews Q1 2016: attended 8a retreat where KEDA PTAC counselors presented Q2 2016: Assisted with long term business strategy and marketing. Q2 2016: Attended Overhead pricing class taught by KEDA instructors at Seattle SBA; Q3 2016: follow up on current and potential contracts Q4 2016: assisted with GSA submittal Page 1 5 ECONOMIC }N DEVELOPMENT KITSAP ALLIANCE 4th Quarter 2016 Economic Development Report City of Bremerton October 1, 2016 — December 31, 2016 1/12/10 Professional Services 1 1PTAC client 2012: Attended Kiewit Outreach event for EHW2; sent email re (2010) upcoming Walsh construction bid seeking subs Attended Keyport Industry Day; counseled re business succession planning Q1 2013: attended "selling to the Navy" workshop; met with Mary Jo for general session; referred client to regional transportation center for small business cert Q3: Met for follow up on status; reviewed talent needs; Q4: follow up on business plan and future growth Q12014: Sent client info on new WA State Small Business certification in response to prior inquiry Q2 2014: new staff member attended Govt 101 and line card class; follow up with client re Bid Match and marketing/research; made arrangements for intro to Whidbey Island small business folks; Introduced to prime contractor Q3 2014: attended being a subcontractor parts 2 and 3 q4: worked with client on RFP and helped determine areas to address Q1 2015: attended contracting coffee hour; forwarded info on SBIR website "down" time; worked with client on SAM challenges and review of capability statement. Attended Korte Outreach; Small MACC workshop; attended Feb contracting coffee hour Q2 2015: attended April contracting coffee hour; attended July contracting coffee hour Q3 2015: attended July Contracting coffee hour a and b; attended Meet the Buyers; attended NAVFAC NW Outreach Q4 2015: attended Small Business Participation Plan class Q12016: client seeking input on seaport -e task orders; reviewed proposals. recommended client for OEA pilot project; attended contracting coffee hour Q2 2015: continued work with client regarding Govt contracting; growth plan; worked with client on setting up BidMatch; Q3 2016: continued tweaking Bid Match; attended contracting coffee hour; continued work in OEA grant Q4 2016: Worked with client on updating Bid Match keywords; worked with client regarding agency relationships; reported subcontracting award from prime that attended Contracting Coffee Hour; completed PTAC quarterly survey 8/10/09 09 -Defense 6 Defense contractor (nonprofit status) seeking grants for new corporate HQ; preferred location Bremerton. Provided referrals on grant research; reviewed/provided site options. Reviewing sites now; still focused on grant opps. Client working on closing deal for new corporate HQ; followed up re potential biz opps in new space -- working with local architect and their preferred partners; contacted re potential partnership opp with recruitment client; introduced to recruitment client as potential assembly partner Site visit to update on client activity; now in 8 states; potential local expansion; q1 2013: site visit with Federal staffers Q3: met with client regarding joining presentation; followed up re sequestration; Q4: follow up regarding future plans Q3 2016: OEA survey re current status q4 2016: referred for news story Page 1 6 ECONOMIC }N DEVELOPMENT KITSAPALLIANCE 4th Quarter 2016 Economic Development Report City of Bremerton October 1, 2016 — December 31, 2016 OTHER BRE ACTIVITIES — Q4 • KEDA Tech committee ■ Represented small business at Governor strategy session ■ Met with state IT Director, Department of Commerce, regarding Kitsap's technology opportunities • Conferences ■ FullConTech ■ Regional Leadership Conference ■ New Space Dinner • Hosted and/or presented at PTAC (Procurement and Technical Assistance Center) workshops ■ Contracting Coffee Hour (2 total) • Hosted and/or presented at Kitsap events: ■ Leadership Kitsap ■ Decision Makers II ■ SEAP open house • Provided demographics and referrals for startups ■ Tourism counts ■ Funding resources ■ Business licensing • Provided data based on inquiries including the following: ■ Funding ■ Top Employers ■ Land use/permitting ■ Living wages ■ Zoning ■ Mineral Rights • Helped coordinate three (3) Kitsap Business Forums • Actively involved with Washington Military Alliance and other activities being coordinated by Kristine' Reeves • Actively involved with Washington Maritime Federation • Actively involved with Washington Aerospace Partnership • Continued Kitsap promotion via news releases, twitter and Facebook • Continued updates of KEDA website, KEDA Facebook page, KEDA Linkedln page, Pinterest boards and KEDA Twitter account MARKETING AND OUTREACH — Q4 • Coordinated Kitsap special edition (Oct) in Puget Sound Business Journal ■ Submitted photos, logos and text for Kitsap special edition in Puget Sound Business Journal • Placed KEDA and KADA ads in the Kitsap special edition in Puget Sound Business Journal (PSBJ) • Coordinated Kitsap's demographics and ad in 2017 PSBJ "Book of Lists" • Monthly columns on Kitsap economic development in Kitsap Peninsula Business Journal with links from KEDA blog (website), Twitter and Facebook • Monthly ads in Kitsap Peninsula Business Journal • Full color ad in West Sound Home and Garden magazine promoting Kitsap as place to live and work ■ November —December: Pacific NW Title ■ Submitted list for 2017 ads • Produced e -newsletters; sent to Kitsap businesses with timely business information and contracting opportunities • Continued posts on KEDA Facebook, Twitter, Linkedln and Pinterest accounts with new followers weekly Page 1 7 KITSAP ECONOMIC DEVELOPMENT ALLIANCE 4t" Quarter 2016 Economic Development Report City of Bremerton October 1, 2016 — December 31, 2016 KEDA SOCIAL MEDIA FOLLOWERs tFacebook (Twitter fLinked n 1200 1000 1023 800 -4 849 856 600 400 200 139 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC KEDA Social Media Activity - Q4 2016 106 "5 4r" 28 42 LINKEDIN TWITTER FACEBOOK New Likes/Followers Engagements (Clicks, Shares, Etc.) Q4 2016 KitsapConnected Videos FacebookVimeo 2% „r Unique Visitors Q4 2016 Kitsapeda.org Page 1 8 KITSAP ECONOMIC DEVELOPMENT ALLIANCE KITSAP REGIONAL PROFILE KITSAP ECONOMIC PROFILE JUNE 2016 SEAPORT -E INFO INDUSTRY DAY 2014 KEYPORT TOP EMPLOYERS PRIVATE 2013 BIZ OFFS WA STATE RAIL MAP ECONOMIC INDICATORS NAVFAC PRIME CONTRACTORS CAPABILITY STATEMENTS Page 1 9 4t" Quarter 2016 Economic Development Report City of Bremerton October 1, 2016 — December 31, 2016 Q4 2016 Top Downloads KitsapEDA.org ?s ARTS AND CULTURE KEY INDUSTRY: DEFENSE K-12 EDUCATION CONTACT US LOCATION AND CLIMATE QUALITY OF LIFE ENVIABLE QUALITY OF LIFE LIFE + WORK VIDEO GALLERY BLOG Page 1 9 4t" Quarter 2016 Economic Development Report City of Bremerton October 1, 2016 — December 31, 2016 Q4 2016 Top Downloads KitsapEDA.org ?s ECONOMIC KITSAPDEVELOPMENT ` ALLIANCE We Love the Sense of Community in Kitsap. Real esiate is a complex commodiry. Owning real aware u a precious hegdorn_ There are more right- and lays Thar govarn real aware Man any othar nem of value. We rake what we do seriously, We celehrare each rransacuoTr_ We probe and ask questions. We care personelhy abouT each nansacTion and maintain high irMegrity. We nunure, teamwork so The customer r always helped_ We are independent and professional and comrnined ro helping obis local economy. — Chris Rieland, President/CEO Phcmc Nora1-rtk sr 'A ry A 11.1; Pacific Northwest Title rok Tom._ • E__ s_. - R,,� Ede . Silverdale Branch KITSAP COUNTY I POSITIONED FOR PROSPERITY ECONOMIC DEVELOPMENT KITSAP ((ALLIANCE Cavalon 2, 2021 NW Myhre, Suite 100 • Silverdale 360-377-9499 • www.kitsapeda.org Ad in West Sound Home and Garden (November -December 2016) magazine showcasing KitsapConnected: Life+Work Ad in Puget Sound Business Journal (October 21, 2016) —special Kitsap edition Page 1 10 4th Quarter 2016 Economic Development Report City of Bremerton October 1, 2016 — December 31, 2016 Kitsap: a compelling case - exceptlonal regional value for business TSAP(ALLIANCE ECL]fJD a�VELOPMh1ENT ECONOMIC }N DEVELOPMENT KITSAPlk ALLIANCE 4th Quarter 2016 Economic Development Report City of Bremerton October 1, 2016 — December 31, 2016 Puget Sound Business Journal — Oct 21, 2016 — Special Report: Kitsap County Articles Fast Fiber, trained talent and high affordability prime Kitsap for tech Ed Hallda imagines a future where Kitsap County is a hotbed of technology startups. That dream isn't as far-fetched as it might sound.... Kitsap Bank CEO: Military provides stability, but there's more to Kitsap County than that As Seattle bursts at the seams, Kitsap County business leaders are pitching the small community as a refuge from the big city's growing pains..... The Kitsap opportunity is a marketing opportunity Kitsap County has a reputation: It's a gateway to the Olympics, home to the Puget Sound Naval Shipyard and Bangor Submarine Base, and a mostly blue-collar workforce. It's time, says Sound West Group developer Wes Larson, to change that.... Kitsap fast ferry could boost fortunes on both sides of Puget Sound Jason Fukura is a super commuter. Every weekday, he leaves his Kingston home at 6:30 a.m. and doesn't arrive at his office in Pioneer Square until two hours later .... Tale of Two Mayors: John Powers and Cary Bozeman assess Kitsap's prospects Kitsap County, politically speaking, has punched above its weight for decades. Former Congressman Norm Dicks helped boost the fortunes of the area as ranking member of the House Appropriations Committee, as well as the Defense Appropriations Subcommittee. State Speaker of the House Frank Chopp hails from Bremerton .... Page 1 11 ECONOMIC DEVELOPMENT KITSAPALLIANCE KEDA PTAC Program Kitsap Clients' Assisted 2016: 58 Location Number of Clients Bainbridge Island 5 Bremerton 16 Port Orchard 4 Poulsbo 15 Silverdale 9 Unincorporated 25 Kitsap (incl Silverdale) 'Attending classes or receiving one-on-one assistance; some businesses may have more than one location. 4th Quarter 2016 Economic Development Report City of Bremerton October 1, 2016 — December 31, 2016 Types of 2016 Assistance: ➢ Workshops ✓ Being a Subcontractor- Parts land 2 ✓ Contracting Coffee Hour (11) ✓ Marketing to the Government ✓ Schedule Impacts ✓ SBA 8(a) retreat ✓ Overhead Pricing ➢ One on One Meetings ➢ Proposal Reviews ➢ Contract Assistance ➢ Interpret specs/requirements ➢ Line Card/Marketing Materials Review ➢ Set up BiclMatch ➢ Introductions to Prime Contractors and Partners Looking Ahead to 2017: ➢ Collaboration with Partners and Prime Contractors ✓ Boots to Business at NBK Bremerton and Bangor throughout the year ✓ Prime Contractor outreach events (i.e. CKSD new buildings with Korsmo Construction) ✓ Assistance with NAVFAC NW Industry Day ➢ Workshops including ✓ RPIs and PPIs — say what? ✓ SBA Certifications ✓ marketing to the Government ✓ Contracting Coffee Hour (monthly) ➢ Continuation of Core Services ➢ Addition of PTAC volunteer counselor (retired Small Business Liaison for Keyport) Page 1 12 SUBJECT: Claims & Check Register SUMMARY: AGENDA BILL CITY OF BREMERTON CITY COUNCIL Study Session Date: COUNCIL MEETING Date: Department: Presenter: Phone: N/A March 1, 2017 Financial Services Shannon Corin 473-5323 Approval of the following checks and electronic fund transfers: 1) Check #'s 372146 through 372509 and EFT's 16993 through 17083 in the amount of $3,909,194.88. 2) Regular Payroll for the pay period ending January 31, 2017 in the amount of $89,019.52. 3) Regular Payroll for the pay period ending February 15, 2017 in the amount of $765,999.21. 4) Regular Payroll for the pay period ending February 15, 2017 in the amount of $3,239.49. 5) Retiree Payroll for the pay period ending February 28, 2017 in the amount of $52,808.08. ATTACHMENTS: FISCAL IMPACTS (Include Budgeted Amount): STUDY SESSION AGENDA: x❑ No Presentation ❑ Full Presentation STUDY SESSION ACTION: 0 Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the consent agenda as presented. COUNCIL ACTION: ❑ Approve Form Updated 01/07/15 ❑ Deny ❑ Table ❑ Continue ❑ No Action AGENDA BILL CITY OF BREMERTON 6B CITY COUNCIL SUBJECT: Minutes of Joint Planning Study Session Date: N/A Workshop — February 11, 2017 COUNCIL MEETING Date: March 1, 2017 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: Attached is the summary of the Joint Planning Workshop on February 11, 2017. ATTACHMENTS: Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount): N/A STUDY SESSION AGENDA: x❑ No Presentation ❑ Full Presentation STUDY SESSION ACTION: x❑ ConsentAgenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the Consent Agenda as presented. COUNCIL ACTION: ❑ Approve Form Updated 12/15/15 ❑ Deny ❑ Table ❑ Continue ❑ No Action DIGITAL RECORDING CITY COUNCIL JOINT PLANNING WORKSHOP MINUTES Saturday, February 11, 2017 A Joint Planning Workshop between the City Council, Mayor, and Department Directors of the City of Bremerton was called to order at Gold Mountain Golf Course, Bremerton, Washington, on Saturday, February 11, 2017, at 9:10 AM, with Council President Eric Younger presiding. Council Members present were Pat Sullivan, Leslie Daugs, Jerry McDonald, Greg Wheeler, Dino Davis, and Richard Huddy. Also in attendance were Mayor Patty Lent, Assistant City Attorney Kylie Purves, Municipal Court Administrator Dawn Nelson, Code Enforcement Officer Janet Lunceford, Parks & Recreation Director Jeff Elevado, Public Works & Utilities Director Chal Martin, Assistant Financial Services Director Mike Riley, Police Chief Steven Strachan, Interim Fire Chief Pat McGanney, and Community Development Director Andrea Spencer. Lori Smith, Legislative Assistant was present to provide staff support. President Younger welcomed the Council Members, Mayor Lent, Department Directors, and staff; and thanked everyone for taking their time on a Saturday to attend the Joint Planning Session. The following is a list of the subjects and a summary of the key points that were discussed REVIEW OF 2016 CITY COUNCIL GOALS: 1) Performance AuditlReview of Fire De..,aFtment Removed as a 2017 Goal, Assigned to }he public Works Committee for follow-up.. 2) Social Media and Increase Public Outreach Cany over to 2017, Assigned to Council • Optimize use of City of Bremerton Facebook • Implement use of Twitter Account 3) c� Repair City Roads/Sidewalks Maintenance and Funding Canyover to 20017 • Secure funding is in place for future Councils 4) -� Economic Development Cany overto 20017 • Focus on Growing Sales Tax Revenues • Reach out to existing Business Owners for their Suggestions IMPF ,ve CiY aRG-i71 C1116tai »hility O f miry P�rLc �� �� �� MM « ?Pmoved as a 2017 Goal • Oorfrlrmanr•o AuP_* 4QP_WP_w of Ra*s epartmeni • l Remove as a 2017 Goal, and assigned to the PSP Committee... 6) -� Medical Care Services Succession Plan Gamy over to 20017 7) -� Annexation Cant' over to 2017, Assigned to Council Added for 2017: • Increase Communication with Department of Community Development • Increase Public Outreach ADDITIONAL ITEMS PROPOSED FOR 2017 CITY COUNCIL GOALS: c� Parking Study Implement when completed ... Cany over to 2017 • Improve Intra -city Traffic Flow and Reduce Parking Congestion Cany over to 20017 -� Public Works Staffing Levels Audit Assigned to the Publics Works Committee, with request to report back to the Council at the Apol 26 Study Session... President Younger called a break from 10:00 to 10:10 AM... City Council Joint Planning Workshop Minutes Saturday, February 11, 2017 Page 2 of 3 CODE ENFORCEMENT - A presentation was made by Andrea Spencer, Community Development Director; and Janet Lunceford, Code Enforcement Officer • Operation L. 1. F.T. - The BCAPS volunteers should focus on weeds this summer • Graffiti - Focus on perpetrator; quick removal is the key; and review the BMC (Forwarded to PSP Committee) • RV's - BMC 20.46.050(a) is difficult to enforce so Council is asking the Planning Commission to consider amendments to this section because occupancy of RV's is difficult for code enforcement... Chronic Nuisance Ordinance Updates - BMC 9.92 Legal will check with the City of Everett that has a more restrictive ordinance... Also, Legal, DCD/Code Enforcement, and Police Department to present amendments to the Chronic Nuisance Ordinance and bring to Council Study Session on April 26... • Garbage and Refuse BMC 6.04 - Clarify where cans can be stored between pickup days to specify that they be returned to the customer's property... Require that all areas with duplexes and multi -units label cans have identifying markings... Clarify when dumpsters can be utilized ... Responsibility is on property owner to have individual resident garbage service... • Jordan vs. Nation Star - Abandoned property ordinance and bank -owned property - Washington State Legislation is being proposed in a draft bill... President Younger called a recess for lunch from 12:00 to 12:50 PM... After discussion, the Council decided that it would best to focus first on the following two areas: Community Outreach and Education Program (Top 5 Issues) Work Toward Proactive Code Enforcement by first focusing on weeds with L.I. F.T. program c� PENDERGAST PARKS MASTER PLAN Agreement was reached to allow application to be submitted for a Washington State Youth Athletic Facilities Grant to finish the Pendergast Park Master Plan... But if the City is successful, time will be allowed for the Council to do their due diligence prior to accepting the grant. President Younaer called a break from 1:50 to 2:05 PM... ECONOMIC DEVELOPMENT MANAGER '-:)—/ n arfn 9n 17• dccinnarl fn ft ill (nrnnt-il Mayor Lent provided a Position Description for a proposed Economic Development Director/Manager or Director of Business Development for review... nwRi no n HIGH IMPACT ORDINnNCRno longer be propc as a 201- President Eric Younger raised the issue of businesses with significant impacts i.e. increased calls to 911, but looking for something more broad than what was attempted with the Ordinance from the City of Puyallup ... It was determined that the City's current Chronic Nuisance Ordinance may already cover the intended purpose... There will be further discussion will the Salvation Army at the next Study Session, and a future invitation will be provided to the Rescue Mission... HARRISON MEDICAL CARE CENTER - Certificate of Need Application Kylie Purves provided copies of WAC 246-310 "Certificate of Need" regarding the upcoming Public Hearing for the Certificate of Need Application that is scheduled in Poulsbo on Tuesday, February 21 at 11:00 AM... A suggested letter would indicate the City understands why the Medical Center is City Council Joint Planning Workshop Minutes Saturday, February 11, 2017 Page 3 of 3 moving to Silverdale, but would also emphasize that a certain number of beds are still required to serve the population of Bremerton, especially considering the City's demographics and the number of long-term care facilities... The letter could inquire how the City's concerns might be addressed... It was determined that Council Member Richard Huddy will work with the Mayor to draft a response... c� Medical Care Services Succession Plan Include as 20017 Goal, Assigned to gull Council... ADDITIONAL ITEMS PROPOSED FOR 2017 CITY COUNCIL GOALS: Continued discussion... c:� Local Streets & Sidewalk Policy Discuss ffui thar at a future Study Sassoon, Adel to 200117 Goals • An APWA Public Works Accreditation handout was provided with a brief description of a public works accreditation concept and what it offers; along with a proposed outline of potential Work Elements and Possible Options Increasing Regional Influence Discuss further at a fidura Study Sassoon, Add to 20117 Goals • Discuss rejoining KRCC with voting structure changes to increase Bremerton's presence and to establish partnerships with local area governments to ensure Bremerton's success AWC CITY ACTION DAYS — 2017 CITY PRIORITIES Bryan McConaughy presented the highlights of a `Bremerton Bill Status Report" in preparation for the 2017 AWC City Action Days Conference scheduled in Olympia, WA on February 15 & 16, 2017 FINAL COMMENTS Jerry McDonald proposed a plan for setting off fireworks off of the Manette Bridge on the weekend before the 4th of July, which will be presented to the PSP Committee. Due to State Law, an ordinance to allow this would not be in effect until 2018... With no further business, President Younger adjourned the City Council Joint Planning Workshop at 4:00 PM. Prepared and Submitted by: LORI SMITH, Legislative Assistant APPROVED by the City Council on the 1St day of March, 2017. ERIC YOUNGER, City Council President ATTEST: SHANNON CORIN, City Clerk EY:SC:ls:cg AGENDA BILL CITY OF BREMERTON 6C CITY COUNCIL SUBJECT: Minutes of Special Meeting Study Session Date: N/A — February 13, 2017 COUNCIL MEETING Date: March 1, 2017 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: Attached is the summary of the City Council Special Meeting on February 13, 2017. ATTACHMENTS: Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount): N/A STUDY SESSION AGENDA: x❑ No Presentation ❑ Full Presentation STUDY SESSION ACTION: x❑ ConsentAgenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the Consent Agenda as presented. COUNCIL ACTION: ❑ Approve ❑ Deny Form Updated 12/15/15 ❑ Table ❑ Continue ❑ No Action DIGITAL RECORDING CITY COUNCIL SPECIAL MEETING MINUTES Monday, February 13, 2017 A Special Meeting of the City Council of the City of Bremerton was called to order Monday, February 13, 2017, at 5:00 PM in Council Conference Room 603 of the NORM DICKS GOVERNMENT CENTER, 345 6th Street, Bremerton, Washington, with Council President Eric Younger presiding. Council Members present were Richard Huddy, Dino Davis, Greg Wheeler, Jerry McDonald, Leslie Daugs, and Pat Sullivan. Also present were City Attorney Roger Lubovich; City Clerk Shannon Corin; Council Assistant Christine Grenier; and Kevin Matthew, Information Services Manager. A COUNCIL BRIEFING was held to discuss General Council Business at 5:00 PM in the Council Conference Room. At 5:30 PM the meeting moved to the Meeting Chambers. The Pledge of Allegiance was led by Council Member Pat Sullivan followed by the invocation provided by Reverend David Stewart of Mt. Zion Missionary Baptist Church. MAYOR'S REPORT — Mayor Patty Lent • Proclaimed February 18, 2017 as "Arc Awareness" Day; which was accepted by Chris Tibbs, Executive Director for The Arc of Kitsap and Jefferson Counties; who introduced other members of the Board: Emily Meeks, President; Tracy Bushnell, Board Vice -President Tim Rogers, Treasurer; Cindy Ross, Secretary; and Gloria Moen, Board Member; • Wished everyone a Happy Valentine's Day; and reminded everyone that next Monday is the Presidents' Day holiday; • Mentioned that she will be attending the Association of Washington Cities (AWC) Action Days Conference in Olympia this week with several Council Members; and • Reported that the City has not only been very successful in locating housing for homeless veterans; but was proud to announce that a soft opening will be held in early March for the City's participation in the nationwide "America Serves" Program. POLICE DEPARTMENT BRIEFING Police Chief Steven Strachan used a Power Point presentation to highlight trends, statistics, and police activity for the Months of January through early February. PUBLIC RECOGNITION Pam Crowe, Kitsap Regional Library Branch Manager, thanked the City Council for their support; and introduced Ruth Bond, Director of Public Services; and Anna Pastor, who earned 2nd Place in the Statewide VFW Voice of Democracy Contest. Nancy Doll thanked the City Council and Mayor for making this such a great place to live and call home; and personally thanked Council Member Daugs for responding to her so quickly. CONSENT AGENDA 6A — Claims & Check Register: Regular Payroll for the pay period ending January 31, 2017 in the amount of $783,286.79 6B— Minutes of Meeting — February 1, 2017 6C — Minutes of Study Session — February 8, 2017 6D— Confirm Re -Appointment of Harriette Bryant to the Bremerton Housing Authority Board of Commissioners City Council Special Mtg. Minutes Monday, February 13, 2017 Page 2 of 5 6E — Confirm Appointment of Joan Hanten to the Bremerton Housing Authority Board of Commissioners 6F — Purchase, Removal, and Installation of two (2) EIMCO C40HT Secondary Clarifier Drive Units from Ovivo USA, LLC of Salt Lake City, UT 6G — Purchase of 2017 Toro GM360 4WD Mower with Debris Blower for the Parks Department from Turf Star, Inc. of Hayward, CA 6H — Purchase of 2017 Ford F-250 Pick -Up for the Parks Department from Columbia Ford of Longview, WA 61— Purchase of 2017 Ford Escape 4WD Vehicle for the Community Development Department from Columbia Ford of Longview, WA 6J — Purchase of 2017 Ford F-350 4WD Pick -Up for the Forestry Division from Columbia Ford of Longview, WA 6K — Purchase of two (2) 2017 Chevrolet Silverado Y2 -Ton Pick -Ups for the Water Utility Department from Bud Clary Chevrolet of Longview, WA 61L — Purchase of five (5) Ford Interceptors for the Police Department from Columbia Ford of Longview, WA; and associated Safety Equipment from Systems for Public Safety, Inc. of Lakewood, WA 6M — Repair, Refurbishment, and Modification to the Fairbanks Morse Pump No. 3 at Pump Station WB -3 by Granich Engineered Products, Inc. of Seattle, WA 6N — Contract Award to Northern Land Development for Water Main Replacement on David Road There were no comments from the public... President Younger thanked appointees Ms. Bryant and Ms. Hanten for their service... 05:59:00 M/S/C/U (Davis/Daugs) Move to approve the CONSENT AGENDA as presented. PUBLIC HEARINGS 7A — PUBLIC HEARING ON ORDINANCE NO. 5317 TO VACATE EASEMENTS ADJACENT TO 3RD AVENUE, NORTH OF SUNN FJORD LANE: Chal Martin, Public Works & Utilities Director, stated that the owner of the property has petitioned the City to have utility and road easements vacated. The vacation will allow for development in the area. No street or utility improvements have been constructed in the area of the proposed vacation. President Younger opened the public hearing... With no further comments received, President Younger closed the Hearing to the public; and opened for discussion with the Council... 06:01:30 Motion was made by Sullivan and seconded by Davis... There were no comments or questions from Council Members... 06:01:46 M/S/C/U Move to pass Ordinance No. 5317 to vacate utility and road easements on property located adjacent to 3�d Avenue, north of Sunn Fjord Lane. 71B - PUBLIC HEARING (2 OF 2) ON AMENDMENT NO. 1 FOR A ONE-YEAR EXTENSION OF THE SUB -CONCESSION AND ASSIGNMENT OF CONCESSION AGREEMENT WITH OLYMPIC SOCCER & SPORTS CENTER (OSSC), LLC: Jeff Elevado, Parks & Recreation City Council Special Mtg. Minutes Monday, February 13, 2017 Page 3 of 5 Director explained that On June 27, 2014, the City entered into a Sub -concession and Assignment of Concession Agreement ("Sub -concession") with Olympic Soccer & Sports Center, LLC ("Olympic") and Keystone Financial Management, Inc. ("Keystone") authorizing Olympic to grant to Keystone a sub -concession of the Concession Agreement upon certain terms and conditions whereby Keystone would acquire all interest in the assets of Olympic in the future including the assignment of the Concession Agreement to Keystone. The term of the Sub - concession will expire on February 28, 2017. Olympic has requested a one (1) year extension to the Sub -concession to allow the parties to finalize financing and the assignment of the Concession Agreement to Keystone. Ownership of the underlying property upon which the improvements are located does not change and will remain with the City. The first public hearing for public comment was held on February 1, 2017. President Younger opened the public hearing... With no further comments received, President Younger closed the Hearing to the public, and opened for discussion with the Council... 06:03:32 Motion was made by Huddy and seconded by Daugs... Comments and questions were provided by Huddy and Daugs, with responses provided by Mr. Elevado and Mr. Lubovich... GENERAL BUSINESS 8A — ACCEPTANCE OF RIGHT-OF-WAY DEDICATION EASEMENT GRANTED BY CLEARVIEW SHELDON, LLC ON SHELDON BOULEVARD FOR THE EVERGREEN POINTE APARTMENT PROJECT: Chal Martin, Public Works and Utilities Director, summarized that Clearview Sheldon LLC is the property owner of Parcel No. 132401-2-085-2006 and 132401-2- 084-2007 which is the location of the proposed Evergreen Point Apartment Project. For the development to be constructed, the City requires frontage improvements to be constructed, and given site constraints a right-of-way dedication is necessary per BMC 11.12.090. The proposed dedication is generally for the north 5 -feet of their properties along Sheldon Boulevard. There were no comments from the public... 06:05:47 Motion was made by Huddy and seconded by Sullivan ... Comments were provided by Huddy... 06:06:33 M/S/C/U (Huddy/Sullivan) Move to approve the right-of-way dedication easement granted by Clearview Sheldon, LLC on Sheldon Boulevard for the Evergreen Point Apartment Project; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. 8B — LETTER OF AGREEMENT WITH THE BREMERTON HISTORIC SHIPS ASSOCIATION FOR THE USS TURNER JOY PRESERVATION PROJECT: Mike Riley, Interim Financial Services Director, explained that the Bremerton Historic Ships association has fundraised over the last several years to send the Turner Joy into dry dock for needed maintenance. The City is pledging $25,100 towards the $800,000 preservation project. BHSA has raised $350,000.00 towards the project. The Port of Bremerton has funded $100,000 and the State Legislature has funded $300,000 for the project. The City funded $24,900 in 2016 and Administration is asking for $25,100 for 2017 for a total of $50,000 towards the project. There were no comments from the public... 06:08:55 Motion was made by Huddy and seconded by Sullivan... Comments and questions were provided by Huddy, McDonald, Davis, Daugs, Wheeler, and Younger, with responses provided by Mr. Riley and Mayor Lent... City Council Special Mtg. Minutes Monday, February 13, 2017 Page 4 of 5 McDonald established that he serves on the Bremerton Historic Ships Association Board of Directors and therefore will be recusing himself from the vote... 06:22:32 M/S/C (Huddy/Sullivan) Move to approve the Letter of Agreement with Bremerton Historic Ships Association in the amount of $25,100.00; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. Voted in favor of Motion: Davis, Huddy, Sullivan, Wheeler, Younger Voted opposed to Motion: Daugs Abstained: McDonald Motion carried: 5 -Yes; 1 -No; 1 -Abstention COUNCIL MEMBER REPORTS Richard Huddy reported on his attendance at the ribbon cutting ceremony for the new emergency generator at the Salvation Army; the Human Rights Conference last Friday at Olympic College; and the Developmental Disabilities Fair last Saturday. He enjoyed seeing his neighbors have fun in the snow last Monday; remembered Richard "Dick" J. Winder) - once called the "Mayor of Manette"; believed that the retreat held this past Saturday was very productive; and wished everyone a Happy Valentine's Day and a Happy Birthday to his wife Sabrina. Dino Davis announced the next Forest Ridge Park Work Party will be on Saturday, February 18 beginning at 9:00 AM and volunteers are always welcome; commended Bainbridge Island for becoming a "Welcoming City", was proud that Bremerton is inclusive, and emphasized that the Bremerton Police Department has had a policy "428-1" in place regarding immigration since 2014; and wished his wife Happy Valentine's Day and his dog Saphie a Happy Birthday. Greg Wheeler announced that volunteers are needed for the Kiwanis Park Monthly Work Party on Saturday, February 25 from 9:00 to 11:00 AM; reminded people that may not be aware of the "natural assets" located right here in the City, including Forest Ridge Park and the Madrona Trails; thanked his wife for all her support; and wished everyone a Happy Valentine's Day. Jerry McDonald provided an update on the project in the former Sears building; shared photos from the USS Turner Joy's journey to Seattle for maintenance and the placement of a temporary breakwater by the marina; and wished his wife a Happy Valentine's Day. Leslie Daugs announced that Ballroom Dance Lessons are being offered at the Filipino American Community Center every Friday; looked forward to going to Olympia to meet with Legislators on Wednesday and Thursday to ask for support for roads and capital projects; and thanked her husband for his support over the years. Pat Sullivan encouraged people to participate in the next Lions Park Work Party this Saturday from 10:00 AM to 12:00 PM. Eric Younger urged the public to attend a Public Hearing for the proposed relocation of Harrison Medical Center from Bremerton to Silverdale on Tuesday, February 21 at 11:00 AM at Poulsbo City Hall and emphasized that City leadership will also be in attendance; and reported on the Joint Planning Work Session held with the Mayor and City staff on Saturday, and thanked Gold Mountain Golf Course staff for hosting the event. With no further business, President Younger adjourned the Council Meeting at 6:46 PM City Council Special Mtg. Minutes Monday, February 13, 2017 Page 5 of 5 Prepared and Submitted by: CHRISTINE GRENIER Council Assistant APPROVED by the City Council on the 1St day of March, 2017. Eric Younger, Council President ATTEST: Shannon L. Corin, City Clerk EY:SC:ls:cg AGENDA BILL CITY OF BREMERTON D CITY COUNCIL SUBJECT: Minutes of Study Session — Study Session Date: N/A February 22, 2017 COUNCIL MEETING Date: March 1, 2017 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: Attached is the summary of the City Council Study Session on February 22, 2017. ATTACHMENTS: Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount): N/A STUDY SESSION AGENDA: x❑ No Presentation ❑ Full Presentation STUDY SESSION ACTION: x❑ ConsentAgenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the Consent Agenda as presented. COUNCIL ACTION: ❑ Approve ❑ Deny Form Updated 12/15/15 ❑ Table ❑ Continue ❑ No Action DIGITAL RECORDING CITY COUNCIL STUDY SESSION MINUTES Wednesday, February 22, 2017 A Study Session of the City Council of the City of Bremerton was called to order in the Council Conference Room of the NORM DICKS GOVERNMENT CENTER, 345 6th Street, Bremerton, Washington, Wednesday, February 22, 2017, at 5:00 PM, with Council President Eric Younger presiding. Council Members present were Richard Huddy, Dino Davis, Greg Wheeler, Jerry McDonald, Leslie Daugs, and Pat Sullivan. Lori Smith, Legislative Assistant, was present to provide staff support. President Younger emphasized that the Study Session was open to the public but there would be no opportunities for input or participation; and announced that approved items by Council will be placed on the March 1, 2017 Council Meeting Agenda or as indicated. A. INFORMATION BRIEFINGS 1. Update on Salvation Army Programs — Jim Adrian, The Salvation Army Board of Directors; 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 General Business 2. Contract Award to Utility Pipeline Contractors, Inc. of Gig Harbor, WA for the Kitsap Lake Interceptor Siphon Replacement Project Consent Agenda 3. Resolution to amend Right -of -Way Deed for Tahuyeh Lake Road NW & Gold Creek Road NW Consent Agenda C. BRIEFINGS & 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 General Business 2. Amend Consulting Agreement with BMcConsulting, LLC to extend the term through June 30, 2017 Consent Agenda President Younger called a recess from 6:27 to 6:40 PM... D. EXECUTIVE SESSION — 6:40 to 6:50 PM... 1. 10 -Minutes to discuss Potential Litigation per RCW 42.30.110 (1) (i) No action was taken... E. GENERAL COUNCIL BUSINESS o Finance & Investment Committee Briefing (2/21/17 Meeting) —Chair Richard Huddy o AWC City Action Days Conference Briefing (2/15/17 & 2/16/17) — Attendees Jerry McDonald, Dino Davis, Greg Wheeler, and Richard Huddy o Joint Planning Workshop & Council Goals Briefing (2/11/17) — Council President Eric Younger 2017 Council Goals were distributed... o Other General Council Business was briefly discussed including a follow up request for a response to be submitted on behalf of the City of Bremerton to correct inaccuracies published in a Kitsap Business Journal article by the Kitsap Building Association. City Council Study Session Minutes Wednesday, February 22, 2017 Page 2 of 2 With no further business, President Younger adjourned the Council Study Session at 8:10 PM. Prepared and Submitted by: LORI SMITH, Legislative Assistant APPROVED by the City Council on the 1St day of March, 2017. Eric Younger, Council President ATTEST: Shannon L. Corin, City Clerk EY:SC:ls:cg AGENDA BILL CITY OF BREMERTON 6E 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: February 22, 2017 March 1, 2017 PW&U, Engineering Tom Knuckey Phone: (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: oConsent 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 a 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 go 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 W U Q n W z O 0- U) O n LU U ry W z W Q J n Q Cn z Q n LU U) AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Resolution No. 3285 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: 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. 3285; 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: o Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to pass Resolution No. 3285 to amend the Right -of -Way Deed for Tahuyeh Lake Road NW and Gold Creek Road NW. COUNCIL ACTION: ❑ Approve Form Updated 01/07/15 ❑ Deny ❑ Table ❑ Continue ❑ No Action RESOLUTION NO. 3285 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 I. 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 with the Amended Right -of -Way Deed set forth in Exhibit 1, attached hereto and incorporated herein by this reference. SECTION 2. Severer If any one or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. .SECTION 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 Breme n, Washington this 1st day of March, 2017, ERIC YO GER, it President APPROVED AS TO FORM: R GER A. LUBOVICH, 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. 767375) 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: NW 1 /4, EXC NW 1 /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 NO Patty Lent, Mayor EXHIBIT 1 'age 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 signed 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: EXHIBIT 1 T,. .: 2 of 4 EXHIBIT A CORRECTION RIGHT -QF -WAY DEET} CITY OF BREMERTON 1724011-2--001-1005 That portion of the Northwest quarter of Section 17, Township 24 North, Range 1 West, w,M., in aNitsap County, Washington, Lying within a strip of .land 60 feet wide, the ce:iter line of which is described as follows: _'ommencinv at the Northwest corner of said Section 17; thence S87046'05"E along the north line of said section 17 a distance of 2050.73 feet to the True Point of Beginning; thence S 07017'57" W 1.01.27 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 0'56'00"; thence S 6021'56" W 849.32 feet to Paint 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 142.93 feet through a central angle of 45027'4$"; 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 11°05'09"; 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 21023'1811; thence S 28047143" E 18.27 feet to the beginning of a curare 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 54'14'35"; thence S 25°26152" W 124.87 feet.; thence S 26024104" W 165.23 feet; thence S 28°20'47" W 395.13 feet; thence S 29011'55" W 98.74 feet to a point on the south line of said Northwest quarter of Section 17, said point being S 86056'16" 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 Fort A; thence S 6021156" W 113.90 feet; thence S 12°32'20" 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 58°49'29" 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 9°11'01"; thence S 37000119" W 641.47 feet to the beginning of a curve to the left having a radius of 420.00 feet; Page 3 of y "hence along said curve an arc distance of 259.33 feet through a central angle of 35022'40";thence S 1°37`40" rW 79.51 feet; thence S 004613410 E 115.09 feet to the beginning of a curve to the right having a radius of 263.79 feet:; thence along said curve an arc distance of 1:37.52 feet through a central angle of 29152115" to a point on the south line of said Northwest quarter of Section 17, said point being S 86°56141" 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 5ec:tion 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 y 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 thea 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 CITY COUNCIL SUBJECT: Amend Consulting Agreement with BMcConsulting LLC to extend the term of the contract from January 1, 2017 through June 30, 2017 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: o 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 K:ALegal\Legal\Contracts\EXECUTIVE\BMcConsulting Amend Ldoc CITY OF BREMERTON By Patty Lent Its Mayor DATE: ATTEST: City Clerk SUBJECT: Interlocal Agreement with the Kitsap Conservation District for the Rain Garden Project AGENDA BILL �� CITY OF BREMERTON CITY COUNCIL Study Session Date: COUNCIL MEETING Date: Department: Presenter: February 22, 2017 March 1, 2017 PW&U Theresa Smith 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; 2) Project Summary; 3) Jim McDonald Letter 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: ❑ ConsentAgenda ❑ 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 Bremerton Rain Garden Program Reducing Combined Sewer Overflows Using Green Infrastructure Project Summary The rain garden project in Bremerton will provide technical and financial support to property owners for installation of rain gardens and other low impact development (LID). Approximately 15 rain gardens will be installed in 2017 in the Anderson Cove basin, which is susceptible to combined sewer overflows (CSOs) during very heavy rain events. Properties that have downspouts or stormwater drains still connected to the sanitary sewer will be the focus of this project. The goal is to avoid CSOs in the Anderson Cove basin by reducing peak sewer flows during storm events. Interested property owners will receive a free site visit to determine if the property is a good candidate for a rain garden or other LID option. 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. Rain garden recipients will be required to sign a maintenance commitment. The project will offer resources to teach people to care for their rain gardens and other plantings using natural methods. The Kitsap Conservation District will be contracted through an interlocal agreement (ILA) to complete site visits, designs, and installations because of their extensive rain garden experience and proven success with very similar programs. The maximum budgeted amount under the ILA is $65,000. The primary outreach method will be direct communication and mailings to the 103 property owners in the Anderson Cove basin with downspouts or stormwater drains still connected to the sanitary sewer. In addition to the primary goal of CSO reduction, this program will fulfill multiple stormwater education/outreach and stewardship requirements of the NPDES Stormwater Permit. Goals • Reduce combined sewer overflows in targeted areas, starting with And Cove basin in 20x7 • Reduce stormwater pollution entering Dyes Inlet and Port Washington Narrows, which are closed to shellfish harvest due to pollution • Activate community involvement in protecting water resources Specific Outcomes • Conduct targeted outreach to "100 property owners to encourage participation in the program • Conduct approximately 30 site visits and determine priority locations • Install 15 rain gardens by providing technical and financial support • Offer rain garden workshops, classes, or other resources on natural yard care, plant selection, and rain garden maintenance Schedule February 2017 — contract with Kitsap Conservation District though ILA Spring 2017 — begin outreach to recruit participants Summer 2017 — perform site visits and acquire landowner agreements Fall 2017 — install rain gardens and other LID February 2018 — annual report 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. In Director, Public Works & Utilities 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: Amend the authorized Positions in the Department of Community Development; Authorize the Hiring of the Building Development Specialist III on May 1, 2017; and Increase the 2017 Personnel Budget by $24,806 Study Session Date: February 22, 2017 COUNCIL MEETING Date: March 1. 2017 Department: DCD Presenter: Andrea Spencer Phone: 360.473.5283 SUMMARY: 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. Following the discussion of permitting inspection workload at the study session on February 22, 2017, the City Council directed staff to additionally modify the proposal to change the hire date of the BDS-111 at mid -year (July 1) to May 1, 2017. This modification resulted in a budget increase from $6,350 to $24,806 The cost breakdowns are as follows: The 2017 Budget authorized the hiring of a BDS-11 on July 1. The upgrade from BDS-11 to BDS-III will cost the City an additional $6,350. The monthly BDS-111 costs are estimated at $9,228. If the BDS-111 is hired two months earlier than anticipated (May 1 instead of July 1), then the additional cost will be $18,456. Total costs: $6,350 (position upgrade costs) + $18,456 (additional 2 months of BDS-III) _ $24,806 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, and authorize the hire of the BDS-III on May 1, 2017. This modification to the DCD personnel would be a total budget increase of $24,806. STUDY SESSION AGENDA: ❑ No Presentation x❑ Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda x❑ 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; authorize the hiring of the BDS-111 on May 1, 2017; and increase the 2017 personnel budget by $24,806. COUNCIL ACTION: ❑ Approve ❑ Deny Form Updated 01/07/15 ❑ Table ❑ Continue ❑ No Action 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 j oin 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-11, 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.