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HomeMy WebLinkAbout08/09/2017 AGENDA PACKETCITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337 I Phone (360) 473-5280 ***AMENDED*** AUGUST 9, 2017 CITY COUNCIL STUDY SESSION 5:00 PM in COUNCIL CONFERENCE ROOM 603 The Study Session is open to the public but there will be no opportunities for input or participation; no action is anticipated during the Study Session; and the content of these items is subject to change. If approved by Council, the items will be placed on the August 16, 2017 Council Meeting Agenda: A. INFORMATION BRIEFING Information Video on "Fire Ops 101 Training;" and Invitation to Participate — Bremerton Fire Chief David Schmitt and International Association of Fire Firefighters Local (IAFF) #437 2. Salvation Army Update — Robin O'Grady, Kitsap Connect Program Coordinator; and Sheryl Piercy, Social Services Director with the Salvation Army Addec B. NO PRESENTATION PLANNED — The following items are budgeted items or subjects that have been raised by the appropriate Council Committee Members: 1. Confirm Appointment of Marwan Cameron to the Bremerton Housing Authority Board of Commissioners 2. Set the Annual Compensation of the Municipal Court Judge for 2017 and 2018 3. Purchase of Retrofit Items for the Closed Circuit Television Van from Cues, Inc. 4. Purchase of four (4) Fairbanks Morse Dry -Pit Submersible Pumps from Granich Engineered Products, Inc. 5. Eliminate the Forestry Service Specialist Position (Pay Grade 10) from the 2017 Budget; and add an Environmental Technician Position (Pay Grade 15) 6. Public Works Agreement with Kemron Environmental Services for Modified Clean-up of the Small Arms Range located in the Bremerton Watershed 7. Local Agency Construction Contract for the West Belfair Valley Road and Tracyton Beach Road Innovative Safety Project Emp,40PAGR quaptal (Qest ReeeyeFy Pulled ' C. BRIEFINGS AND FULL PRESENTATIONS 1. Council Goal No. 8 "Increasing Regional Influence" (Invitation from Kitsap Regional Coordinating Council (KRCC) to Rejoin D. GENERAL COUNCIL BUSINESS • Public Works Committee Briefing (8/1/17 Meeting) — Chair Dino Davis • Public Safety & Parks Committee Briefing (8/9/17 Meeting) — Chair Leslie Daugs 0 Other General Council Business E. EXECUTIVE SESSION Added 30 -Minutes to discuss Pending Litigation under RCW 42.30.110 (1) (i) No action anticipated... F. ADJOURNMENT OF STUDY SESSION ® Americans with Disabilities Act accommodations provided upon request. Those requiring special accommodations should contact the City Clerk's Office at (360) 473-5323 at least 24 hours prior to the meeting. AUGUST 9, 2017 COUNCIL STUDY SESSION INFORMATION BRIEFING ITEM Al © Subscribe 2,023 views + Add to # Share ••• Mare 1611 #, 0 Published on Nov 20, 201 a Category News & Politics License Standard YouTube License https://www.youtube.com/watch?v=gV19eg0 kPE August 9, 2017 Council Study Session Information Briefing Item A2 Kitsap Connect Evaluation of Program to Date Kitsap Connect clients participated in the program between August 16, 2016 and July 31, 2017. Utilization comparisons are being reviewed for the nine-month period prior to program enrollment, to the nine -months after their initial engagement and enrollment into Kitsap Connect for clients enrolled after January 1, 2017 at which time data sharing capacity became available. Kitsap Connect Services and Care Coordination Planning are contingent upon the goals identified by the individual client in alignment with our therapeutic service models of Harm Reduction, Trauma Informed Care, and Motivational Interviewing. Usage comparisons include: emergency department visits and hospital admittance, EMS/911 utilization, incarcerations in the Kitsap County Jail, Law enforcement Encounters, AIU/Mental health admits, Chemical Dependency inpatient and outpatient admits. The majority of clients present to Kitsap Connect with very complex and primary medical conditions. Often, these medical conditions take precedence to other service referrals until medical stabilization can be achieved. Medical Conditions -j Complex, chronic medical needs Acute, non -life threatening medical needs No medical needs thus far Kitsap Connect prioritizes the engagement/re-engagement of our clients with medical conditions to Primary Care Physicians at Peninsula Community Health Services (PCHS) or other community providers. Engagement with Peninsula Community Health Svs. & Other Health Providers Already engaged with PCHS Re-engaged with PCHS Other PCP Lost to F/LI August 9, 2017 Council Study Session Information Briefing Item A2 WE ARE THE RESOLUTION" P.O. BOX 65429 University Place, Washington 98464 1- 233 - 861- 5570 Email - jstephen@usa.com July 2016 to Present Security/incident Reports The Salvation Army 8326 th Street Bremerton, WA 98337 August 9, 2017 Council Study Session Information Briefing Item A2 Incidents at t Salvation Army 2016 i 6/30 Trespassed one suspect dine to soliciting sex within the compound, by request of the client. 9/14 had visitor threaten to 0oot security officer. 9 9/16 Had one suspect, male, come into the Salvation Army heavily intoxicated, al -Nd waiked irPta the women's bathroflrn thinklmg he was in the Mems roo . Suspect had to be escorted offthe premises. 9/16.vW WMV trespasses by the pollce, at request by the client. 9/27 Broke up fight bet;Aieen visitors outside front door. 9/30 Visitor cut in l;anCh 're, and refused to follow instructions when confronted. He had to be escorted cff the premises. 14/21 had a visitor show signs of paving a seizure in the hygiene center, 911 was calved and an ambu ince vas dispatched. Visitor became aiert'.. before the ambulance arrived, and refused medical attention when trey did arrive. About 20 minutes laterthe same visitor showed similar symptoms again, +,vhera asked if he was on any kind of drugs the visitor became violent and had to be escorted cff the property. 1 10/25 A visitor called the police because she claimed to have been assaulted by someone who was spotted on the premises. Police informed us that the suspect had a warrant out for their arrest already, by this time the suspect had already left the premises, so security helped provide pictures and footage frorn ,fac Ity ca.reras. 20/26 delivered 2 trespasses to two different visitors at the client's request. One took it well, the other rnade a threatening remark before leaving. 10/28 helped an officer find a 16-year-oid ninaway, the officer carne by and gave a description and about ten minutes after he left security found the girl and called it in so they could pick her up. .1/8 delivered a trespass to a vis for at the request of the client. He has supposedly mistaken one of the Kistap mental health workers as his wife and was sending her some alarming messages. 12/Z visitor INMWIwas seen on property, was told to stay off property. August 9, 2017 Council Study Session Information Briefing Item A2 • 11/18 visitor[ was seen again on the property, poliece were called in response this time. • 11/23 visitor gave one of the managers of the Salvation Army the middle finger when asked by them to move their vehicle from a staff parking area. Security was then asked to get them to move. • 11/29 had a fight out in front of the building, a male and a female, after the fight was broken up, both participants were told to disperse, the male visitor refused to comply, and proceeded to follow the female visitor off property. When the male visitor returned he was trespassed. • 11/30 Sj2M is again seen on property, he proceeds to taunt security as police are called again. And again he is gone before they arrive, and he is not found. • 12/2 another trespass is delivered at client's request, due to drug usage from night prior. The visitor was caught by staff after security coverage hours. • 12/2 is again seen on property, same routine as reported on 30th of November • 12/13 had three younger visitors get upset when told that they had to wait outside for their friends to finish using the restroom. They made threats to start a fight and to kill the security officer whom confronted them, but ended up leaving without any physical confrontation. • 12/19 at approximately 21.45 an individual had a seizure and fell off of cot. 911 was called. Paramedics responded. Individual refused medical treatment. • 12/20 Was notified by a visitor that someone was outside revealing himself. Security went outside, and found that he was attempting to burn something. Security called police and informed them he was here. Security told him to leave numerous times. He left yelling as he walked away. • 12/20 Had a visitor check in and leave. One of the client's employees saw him at the bar next door. Individual received 48 hour trespass and was Escorts off Property by Security. • 12/21 had one individual whom didn't want to leave the premises, he was upset that he was too late to be let in the shelter due to the 21:00 cut off. It took two security officers to escort the visitor off property. August 9, 2017 Council Study Session Information Briefing Item A2 * 12/22 had one female visitor show up with a very bad black eye,..she. showed signs of a concussion so once she got settled in we called the paramedics to come check her out. She was taken by the paramedics to the hospital. • 12/25 had a fight breakout outside, while the visitors were waiting for the shelter to open. The visitor whom started the incident was heavily intoxicated, and aggressive towards one of the shelter workers. So he was trespassed, and escorted off the property. • 12/26 Security had asked a visitor whom was already trespassed to leave the vicinity, but refused to do so. Police responded and the visitor was placed ina squad car and removed. • 12/27 Had to have an ambulance called due to a visitor having difficulty breathing. He refused medical treatment and was asked to leave the shelter due to refusal of medical. Upon his exit he became very erratic and began throwing himself on.the ground and banging his fake leg on the ground. Security attempted to contact individual and ask him to leave property. Security Was ignored, so police were called and responded and had the individual leave the property, • 12/29 had one visitor ask security to stay by him, as he called the police to report that someone whom had assaulted him on an earlier date, was there at the Salvation Army for lunch. Security stayed with the visitor until his assaulter left the site because the visitor stated that he was threatened to be killed if he was caught calling the police on the one whom assaulted him, August 9, 2017 Council Study Session Information Briefing Item A2 Incidents at the Salvation Army FEBRUARY 2017 • 7th a used needle was found outside the main entrance. • 111h At approximately 2045, started having a seizure. security rushed to help, security told shelter employee ItAfimmoto call EMS. He immediately said no, stating that it was a waste of time for EMS and that it was a common occurrence for 18111110A security stayed with Rebecca until her seizure had passed and she was coherent. security then asked if she would like medical to come and check her out, she declined. • 13th called EMS for a visitor outside whom was unresponsive, potential drug overdose. • 13th Delivered trespass to visitor whom was caught drinking on property after being told repeatedly not to. • 15th had to call EMS for a visitor whom was having a seizure in the main lobby. • 15th deescalated a potential fight outside the front door, and had one visitor, and older woman, escorted off property because she was getting violent, both verbally and physically with anyone she encountered both in and outside the building. • 17th had one visitor whom was purposely insulting the other visitors, looking for confrontation. The visitor was escorted off property. • 26th 1825: As security arrived into Salvation Army parking lot they were approached by who was visibly upset. security asked her if she was ok and she replied that she had been in contact with , who's is the subject of a no -contact order with She said he was verbally abusive and told her to fuck off and die. 2210: after being informed by shelter staff of how long the no -contact order was in place authorities were notified and informed about the violation. was pulled aside and told that police were notified, she immediately became agitated and told security that they ruined her life, Ift life and her children's life's. August 9, 2017 Council Study Session Information Briefing Item A2 • 27th had a fight break out between two visitors outside, luckily a police officer was on scene to help, because both visitors in were not going to stop without show of force. The .reason for the fight was undetermined, so both visitors involved were trespassed until further notice. 2 August 9, 2017 Council Study Session Information Briefing Item A2 Incidents at the Salvation Army MARCH 2017 + 2"d had one visitor whom was heavily intoxicated and was being a disturbance towards both the client's employees and the other visitors. He was escorted off property. • 6th security was notified by one female visitor that one male visitor was offering money for sexual favors to the female visitor. She had denied him once, and notified me after the second time he tried, so security warned the male visitor to stop otherwise he would be trespassed. The visitor apologized and complied. • 91h assisted police whom were looking for a visitor whom supposedly assaulted another visitor outside the facility. Suspect was last seen walking towards the neighboring burger king. • 22"d Entered restroom to find still in the stall 30mins after I first watched him enter the restroom. I called his name and he opened the stall door with his pants undone and a hipodermic needle sticking out of his pocket. That along with the suspicion of him having a glass pipe and possibly acquiring dope from another client in the shelter I told him he needed to leave the shelter. After he was out the doors I checked the bathroom stall and found a white substance between the toilet and wall, also tips of cue tips and pieces of toilet paper with spots of blood. • 281 stopped a fight outside between two visitors. August 9, 2017 Council Study Session Information Briefing Item A2 Incidents at the Salvation Army APRIL 2017 * 17th had a visitor show up on a bicycle wearing a helmet with a swastika drawn on it, and had deescalated a fight between him and two other visitors. The visitor on the bike left without incident. Also had to escort out another visitor whom was already trespassed from a previous day, * 20" had to call the police due to ars already trespassed visitor coming in and trying to run out with a plate of food. 21st had to escort a younger female visitor off the premises twice due to being heavily under the influence of some kind of controlled substance. She cooperated, but had no ability to retain.any information given to her, as to why she "forgot"'. that she was asked to leave earlier. • 28t' had one male visitor go into the girl's bathroom, he claimed that he had to go badly and couldn't wait for the stall in the men's room to be available, he was told to ask next time instead of taking it upon himself to let himself in there. • 28th had another visitor whom I had to escort off the property because he was heavily under the influence of some form of narcotic. He threw his bag up a flight of stairs stating that he was staying there tonight, I had to inform him that the shelter was no longer happening. He then proceeded to try and light a cigarette inside the building. He was then escorted off the property. August 9, 2017 Council Study Session Information Briefing Item A2 Incidents at the Salvation Army MAY 2017 • 15th had one visitor escorted out due to him getting upset with the client (salvation army employee) • 10h kept watch on a visitor at the client's request until the cops arrived to talk with him. He had started a small fire under nest to the building on the side closest to the alleyway. And I had also caught him getting kicked out of the dumpster enclosure area on camera by the trash pickup workers. Visitor is working with Kitsap Kinect so he will not be trespassed. • 18th wrote up a trespass for one visitor whom continues to use the restroom for hygienic purposes when she has been warned numerous times not to, and according to the clients employee that caught her she raised her voice at him and continued to not listen to instructions. she did not show up during my shift, but will receive the trespass next time she arrives on client's property. • 23'd delivered a trespass to a visitor that I wrote for last week. • 231a There was an incident. in the cafeteria with one visitor whom got upset with one of the lady's in the kitchen and made threatening remarks towards her. As I was escorting him out he began to taunt me at the front entrance but still proceeded to leave slowly, a trespass was written up for him. • 24th had one visitor outside the building at approximately 1300 whom was throwing her stuff around the area and yelling at random people nearby, after asking her to pick up her stiff and move on, she screamed that it wasn't her fault and that I should do it. I then told her to just leave and she refused so I called the police. She proceeded to taunt me by tearing up the flowers by the main entrance while I was on the phone. After I made my request to 9111 followed her to the side of the building as I continued to warn her that police were on their way, and that she needed to leave. She pressed on with taunting me, calling me a "bitch" and to "fuck off". It got to the point where she was in front of me waving her hand and spitting at me below my waistline, she landed one of them on my shin. I then pulled out August 9, 2017 Council Study Session Information Briefing Item A2 my OC spray, showed her, and waned her to step back twice and she. moved closer, so I sprayed her. She started to wander towardthe street which was heavy with traffic, so I grabbed her and brought her to the ground as softly as I could, but with still maintaining control. On the way, down she Knocked her head on the pavement, but wasn't injured badly as she continued to scream and make threats towards me. A nearby volunteer made another call to the police after this, and they then finally arrived S minutes later, with a total 23 minutes from my first call. The police then took over she proceeded to scream and make threats, and started spitting at them as well. They put a spit guard on her, and finally had her transported via EMT. A trespass was established, and my report along with camera footage was padded on to the.officers, N August 9, 2017 Council Study Session Information Briefing Item A2 Incidents at the Salvation Army JUNE2017 • 81h stopped a fight in the cafeteria, aggressor was escorted out + 12th had a male visitor try to walk into the women's bathroom, because the men's was full. • 12th Had another visitor whom was already trespassed escorted off site. • 27th drove up and had two visitors (one male one female) yelling at each other in the parking lot. The male had a black eye from the female whom supposedly struck him. August 9, 2017 Council Study Session Information Briefing Item A2 Incidents at the Salvation Army JULY 2017 101h got notice that a visitor was caught using drugs in the men's restroom after the hours I wa.s on shift on Friday. This visitor is now trespassed and am looking for him to serve him his notice. Other than that easy day. • 1P had an intense verbal argument.that would have turned physical had I not intervened. All three visitors involved were instructed to leave the premises in separate directions. • 24th had a small dispute in the cafeteria during lunch, visitor left without problem, August 9, 2017 Council Study Session , Information Briefing Item A2 Usage data for Kitsap Connect clients engaged/re-engaged with community partner agencies and other community services supports the number of usage encounters of Emergency Department/Hospital, EMS/911. Episodes of incarceration at Kitsap County Jail have decreased for clients involved with Kitsap Connect. This further indicates a significant cost savings to our community. * Usage and cost savings data will continue to be compiled along with other programmatic findings and will be available for review at the end of this contract period, December 31, 2017. 1.80 1.60 1.40 1.20 1.00 0.80 0.60 0.40 0.20 0.00 Average Utilization of Services 0.81 0.69 0.48 0.58 TOTAL use/mo TOTAL use/mo Ave ED/mo prior Ave ED/mo Ave EMS/mo Ave EMS/mo prior to intake Intake -4.30.17 to intake Intake -4.30.17 prior to intake Intake -4.30.17 100% of Kitsap Connect clients struggle with Behavioral Health conditions including mental illness, chemical dependency issues, or both. Many clients present with both. Mental Health and Chemical Dependency MH and CD MH CD August 9, 2017 Council Study Session Information Briefing Item A2 Every attempt is made by Kitsap Connect staff to engage/re-engage Kitsap Connect clients to mental health and chemical dependency services. The Kitsap Connect team continues to promote streamlined care coordination efforts with our Community Mental Health and Chemical Dependency treatment providers to increase successful outcomes and improve the health and wellness for our clients. Engagement with KMHS I 200/ Engaged in KMH Re-engaged with KMH Declined KMH Services Pending Engagement Lost to F/U One challenge for Kitsap Connect has been to successfully engage clients the necessary medical, mental health, chemical dependency treatment and other services while they continue to experience homelessness. Often our clients do not know where they will be sleeping on any given night and are more focused on safety, self-preservation, and survival which can make engagement with community resources difficult at best. Transportation issues, lack of adequate nutrition, physical and mental illness, and substance abuse contribute to our clients' intermittent engagement with Kitsap Connect and other services. Many clients do not have watches, cell phones, or alarm clocks which can also make structured appointment attendance difficult. Still others have traumatic brain injuries and cognitive impairment which contribute to their inability to make and show up for scheduled appointments without consistent prompting. The majority of Kitsap Connect clients are unhoused upon initial engagement with Kitsap Connect. Housed vs. Unhoused Clients at Intake In Homeless Upon Intake Housed (Temp and Perm) Upon Intake August 9, 2017 Council Study Session Information Briefing Item A2 Care Coordination Team Planning assists clients in the meeting of their identified goals and statistics reveal significant improvement in their knowledge, behavior and status (KBS) as evidenced below. The key areas of improvement include; Mental health, Residence (housing), Health Care Supervision, Income and Substance Use. Hea = _ Residence -M cn 3 282 2.59 -'-' 2.35 d / 2.12 2 n r,al l are St 7r Knowledge (0.069) r Behmnw (0-029'? is Sates 0.023'? + Clients included f 17) Health care supervision a 3.5 3 ' 3.2S r 2.7S 2.13 C 2 1 � :nat181 Latest ♦ Knowledge (0.216) f Behavior (0.036') ; Status (0.021'7 } Clients included (W, 3.2 -0- Knowledge (0.031'7 Y- Behavior (0.007") f Status (0-017') + Clients included !20) Income = 3.05 2.767 ^.. 2 1 9 r� 1.9 u 4 # r 1.43 �-- 'n'�bal � aEeit ♦ Knawkdge (0.11) + Behavior (0.014-) .1& Status (0-004`) + Clients included (21) 2.85 n i C/ 2.25 2.25 _ C' 1.45 -0- Knowledge (0.031'7 Y- Behavior (0.007") f Status (0-017') + Clients included !20) Income = 3.05 2.767 ^.. 2 1 9 r� 1.9 u 4 # r 1.43 �-- 'n'�bal � aEeit ♦ Knawkdge (0.11) + Behavior (0.014-) .1& Status (0-004`) + Clients included (21) August 9, 2017 Council Study Session Information Briefing Item A2 Substance use 35 3.07 3.07 3 0.- -- 2.73 2.73 � ar I rn"'' " LdTe9i ♦h Knowledge (T) � Behavior (0,2531 -a Status (0.009"') Clients included 11= *Note that the items in parenthesis with an asterisk indicate significant improvement According to Kitsap Connects' Quarterly Client Satisfaction Survey, on Average, 88% of Kitsap Connect clients report being "moderately to highly satisfied" with Kitsap Connect Services. 100% 80% 60% 40% 20% 0% Percentage of clients who are "Moderately to Highly Satisfied" with Kitsap Connect Services 42 R3 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Confirm Appointment of Marwan Cameron to the Bremerton Housing Authority Board of Commissioners Study Session Date: COUNCIL MEETING Date: Department: Presenter: Phone: August 9, 2017 August 16, 2017 Executive Mayor Lent (360) 473-5266 SUMMARY: The Mayor is seeking confirmation of the appointment of Marwan Cameron to the Bremerton Housing Authority Board of Commissioners. He will fill the unexpired term of Anna Laurie who resigned effective July 25, 2017. ATTACHMENTS: Application to the Commission is available in the Mayor's Office. FISCAL IMPACTS (Include Budgeted Amount): None. STUDY SESSION AGENDA: x❑ No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to confirm the appointment of Marwan Cameron to the Bremerton Housing Authority Board of Commissioners with the term expiring December 31, 2020. COUNCIL ACTION: ❑ Approve Form Updated 01/07/15 ❑ Deny ❑ Table ❑ Continue ❑ No Action AGENDA BILL B2 CITY OF BREMERTON CITY COUNCIL SUBJECT: Set the Annual Compensation Study Session Date: August 9, 2017 of the Municipal Court Judge for 2017 and COUNCIL MEETING Date: August 16, 2017 2018 Department: Municipal Court Presenter: Dawn Nelson Phone: (360)473-5242 SUMMARY: Pursuant to BMC 2.62.035(a), the Municipal Court Judge's salary is set by City Council action. The City is authorized to receive Trial Court Improvement grant money if the Judge's salary is set at 95% of the District Court Judge's Salary, effective September 1 of each year. That salary is set, by law, by the Washington Citizen's Commission on Salaries for Elected Officials. We are requesting to adjust the salary for the Judge to be effective September 1, 2017 to bring us into compliance with the grant conditions and allow us to continue to receive grant funding. Current salary $150,036.35, proposed new salary $153,037.40 as of September 1, 2017 and as of September 1, 2018 it will be $156,097.35 (these amounts include deferred compensation). ATTACHMENTS: Letter from the Administrative Office of the Courts regarding Salary Increase for Judges for 2017 and 2018. FISCAL IMPACTS (Include Budgeted Amount): For the 2017 budget cycle, the increase is $250.09 per month (total $1000.35). This amount was already factored into our 2017 budget. The 2018 amount will be included in our prepared budget later this year. STUDY SESSION AGENDA: 0 No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to set the annual compensation of the Municipal Court Judge at $153,037.40 (including deferred compensation) effective September 1, 2017 and to set it at $156,097.35 effective September 1, 2018 (including deferred compensation). COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/07/15 WA A S[ E I N V I. C) i V COURTS May 22, X01 ! TO: District Court, Judges, District Court AdniinfsItratcrs FROM: Ramsey Radvvan/�` Management Services Division RE; SALARIES TO INCREASE FOR JUDGES OF THE DISTRICT COURT As you knov.,. state lave requires the Washington Citizens' Commission on Salaries for Elected Officials to establish salary schedules for elected officinls in the Exeuut!We, Legislative. ar�d Judicial Branches of state 90vernment, The Commission published the sa€ar! schedules for the tvvo-year period (September 1. 2017 - August 31, 2018) folic%%,, ng ttleir meeting in 2017. Ari increase for judges of the appoliate, superior and district cc)urts =,vas granted in SeptGrnber 2Q17, and ap a�ditior�z�l ir7cre�s�; �Vil! UL iroplernented on September 1, 2018, The annual saiary for full-time judges of the district c;,aUr7 ,,;ill be as follows: c Effective from September 1, 2017 until August 31, 2018: S161,092 j 53, 03-7• y0 Effective from September 1, 2018, until updated: $154,313 15 Co, (21_7,3 5 The salary for a part-time district -court judge shall be the proportion of fall -time work for which the position is authorized muiiiplied by the salary far a full-time district court judge. If you have questions ab(�Lit the information provided here. please do not hesitate to contact me at .rams e r.radwan * courtq.VVa.g0 y or '3560)357-2406, Jenny Kropelnicki Sr. Administrative Assistant Administrative Office of the Courts 360-704-4020 httg://www,cOurts.wa,.ov/Mgmt Services Division 2 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Purchase of Retrofit Items for the Closed Circuit Television Van (CCTV) from Cues, Inc. Study Session Date: COUNCIL MEETING Date: Department: Presenter: Phone: August 9, 2017 August 16, 2017 PW&U Wayne Hamilton (360) 473-5207 1*3 SUMMARY: The video van was purchased in 2008 and has not had any major upgrades or retrofits to the video equipment. It is recommended that these items should be upgraded more often because of the continuing computer and software changes and upgrades. ATTACHMENTS: 1) Memorandum; and 2) Cost Estimate FISCAL IMPACTS (Include Budgeted Amount): This is budgeted through the 2017 Sewer Capital budget. STUDY SESSION AGENDA: 0 No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the purchase of retrofit items for the Closed Circuit Television van from Cues, Inc. in the amount of $26,638.00 plus Washington State sales tax, with substantially the same terms and conditions as presented. COUNCIL ACTION: ❑ Approve Form Updated 01/07/15 ❑ Deny ❑ Table ❑ Continue ❑ No Action Public Works and Utilities Department 100 Oyster Bay Ave. N. • Bremerton, WA 98312 • (360) 473-5920 • FAX (360) 473-5360 DIRECTOR MEMORANDUM Pursuant to BMC 2.76.090, City staff did not seek three bids for the purchase of CCN equipment for the video van. Instead, we sought a quote from Cues, which proposed sale of the equipment, licenses, installation, training and delivery at a cost of $26,638.00 plus Washington State sales tax. Obtaining three bids would not be in the City's best interest and direct negotiation is the more appropriate means of making the purchase. Cues provides the proper and proprietary products that work with the currently installed Cues equipment Using another company would require replacement of most or all of the surrounding equipment in the van, at a much greater cost to the City. Working for and with our residents to establish Bremerton as Puget Sound's most beautiful and livable waterfront city! CP'e6rRbng 40.tears 3600 Rio Vista Avenue Orlando, FL 32805 Toll Free: 800-327-7791 Phone: 407-849-0190 Fax: 407-425-1569 Web site: www.cuesinc.com Tuesday, July 18, 2017 Pat Jacobsen Bremerton, City of 100 Oyster Bay Ave. Bremerton, WA 98312 Dear Pat: Here is the pricing for several retrofit items for your Cues CCTV truck. See attached component lists for greater detail. Summit electronics upgrade • Summit CCU • Summit PCU • Wireless controller • Spare wired controller • 5" LAMP • Reel to Summit harness • Installation and training • Delivery Total $25,824 Less discount -$5,939 Grand total $19,885 + WA sales tax Sincerely, Gillian Wilson Cues NW Territory Manger 866.715.0896 Part# GraniteNet Software & Services Unit Price Qty. .. Discount Asset IDs are shown in italics below for reference. GN901 Premium Inspection Package including: $14,000 1 $14,000 ($14,000) $0 GraniteNet Basic, Core Basic, Core Advanced, Management Console, Main Inspection Module, Analog Video Recording Module Mainline, Video Indexing Module, Titling, Distance Acquisition, Still Image Capture Module, Data Transfer 500671 GN904 Office License 502282 $1,250 1 $1,250 ($1,250) $0 GN905 Indexing Viewer License $45 2 $90 ($90) $0 GN512 Lateral Module 500671 $2,950 1 $2,950 ($2,950) $0 GN509 LACP Module 500671 $0 1 $0 $0 GN538 Office Support Plan 502282 $350 1 $350 $350 GN550 Granite XP to GraniteNet Data Migration $1,600 1 $1,600 $1,600 *** Existing Granite XP data is to be delivered by the customer in a single, synchronized database that will be converted to GraniteNet at the standard flat rate of $1,600. On Site Training $703 1 $703 $703 Sut ,o,al for GraniteNet so .are Licenses $2,653 Rack Mount Computer $4,000 1 $4,000 $4,000 Shipping $100 1 $100 $100 Subtotal iorGronaieNet Hardwarel Hardware $4,100 Grand TotalT $6,753 This quote will provision the City of Bremerton WA with one Premium Field Inspection Licenses, one Office License, and two Viewer Licenses. ***Please ensure that firmware on all K2/Summit Systems is upgraded to R038 if not on this version already. Terms: Net 30 FOB: Destination Delivery: As Required This quote is valid for 60 days. Page 4 of 4 Bremerton WA GraniteNet Software Quote 07/17/2017 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Purchase of four (4) Fairbanks Morse Dry -Pit Submersible Pumps from Granich Engineered Products, Inc. Study Session Date: August 9, 2017 COUNCIL MEETING Date: Auaust 16. 2017 Department: Presenter: Phone: PW&U/WWTP Pat Coxon (360) 473-5448 SUMMARY: The existing dry -pit submersible pumps at pump station KL -3 & 4 and OB -3 & 4 have reached the end of their useful life, and need to be replaced. These pumps have been installed over sixteen years, and the required repairs to keep them on-line have reached the point to where it is no longer financially feasible. We requested a quote from Granich Engineered Products, Inc. for the direct replacement of these pumps at a cost of $15,000 each (includes WA State sales tax & shipping). This is an equipment purchase only, and staff will do the installation. Granich is the only provider of Fairbanks Morse pumps in Western Washington. Fairbanks Morse pumps are currently used and do not require modification to the surrounding equipment, whereas another brand of pump would require additional work. ATTACHMENTS: 1) "Sole Source Determination" Memo; and 2) Quote from Granich Engineered Products, Inc. FISCAL IMPACTS (Include Budgeted Amount): This is budgeted through the 2017 WW CIP, with a budget of $80,000.00. STUDY SESSION AGENDA: x❑ No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the purchase of four (4) dry -pit submersible pumps from Granich Engineered Products, Inc. for $60,000, including Washington State sales tax and shipping; with substantially the same terms and conditions as presented. COUNCIL ACTION: ❑ Approve Form Updated 01/07/15 ❑ Deny ❑ Table ❑ Continue ❑ No Action Public Works and Utilities Department 100 Oyster Bay Ave. N. . Bremerton, WA 98312 • (360) 473-5315 • FAX (360) 473-5360 MEMORANDUM DATE: July 9, 2017 r TO: Procurement File FROM: Chal Martin, Public Works & Utilities Director N17 SUBJECT: Sole Source Determination In accordance with Bremerton Municipal Code 2.76.090, Sole Source Purchases, the purpose of this memorandum is to document the necessity of sole source procurement methodology for the purchase four new Fairbanks Morse dry -pit submersible pumps for four pump stations, KL -3 & 4 and OB -3 & 4. These units are direct bolt -on replacements of the previous units, which have worked well during their service life. Any other type of pump would require mounting re -fit, adding to the complexity of installation and also potentially introducing system weaknesses that could reduce reliability. For this replacement, we received a quote from Granich Engineered Products, Inc. for the replacement of the currently -installed Fairbanks Morse pumps, at a cost of $15,000 each including Washington State sales tax and shipping. Granich Engineered Products, Inc. is the only provider of Fairbanks Morse pumps in Western Washington. Our staff believes this is a fair and reasonable price. In this case, direct negotiation for purchase is in the City's best interest and the more efficient method of purchasing the specific types of pumps needed to fulfill the City's needs. Our staff has extensive experience with many different pump brands and this experience indicates that Fairbanks Morse pumps are durable, reliable, and best for use under these specific circumstances. Therefore, it is my determination that it is in the City's best interests to purchase the pumps through direct negotiation, pursuant to BMC 2.76.090 and 2.76.010, and that sole source purchase of these pumps is justified for this procurement. Granich Engineered Products, Inc Quote Granich Engineered Products, Inc 1313 S 96`h Street Seattle, WA 98108 Phone: 866-859-2940 Fax: 206-315-2939 Website: www.granich.com To: City of Bremerton Attn: Robert Bennea E-mail: Phone: Robert.bermea ci.bremerton.wa.us 360-473-5449 From: Ken Hogan Date: 07/14/2017 Re: Fairbanks Morse duplicate pumps Pages: We are pleased to offer the following for your consideration. (4)- Fairbanks Morse model 4" D5432CWD, submersible dry pit non clog pump, standard fitted construction, SS wear rings, double mechanical seal, oil filled motor for continuous duty in air, 5 HP, 1165 rpm, 230 volt, 3-phase, UL listed explosion proof motor. Built to match the existing pump serial numbers: 381880, 1206505, 381880 Price: $13,262.00 Net Each Prices are F.O.B. factory. Sales tax is not included. Terms: Net 30 days on approved credit. This quote is based on GEP's standard terms & conditions of sale. Please allow aprox. 10 weeks to ship Please call me if you have any questions or need additional information. Regards, Wt► H Ken Hogan GRANICN ENGINEERED PRODUCTS, INC AGENDA BILL CITY OF BREMERTON �� CITY COUNCIL SUBJECT: Eliminate the Forestry Service Study Session Date: August 9, 2017 Specialist Position (Pay Grade 10) from the COUNCIL MEETING Date: August 16, 2017 2017 Budget; and add an Environmental Department: PW&U/Forestry Technician Position (Pay Grade 15) Presenter: Pat Coxon Phone: (360)473-5448 SUMMARY: We are proposing the elimination of one Forest Service Specialist position from the budget and the addition of one Environmental Technician position. This change will not create an additional FTE. This change would require a promotional recruitment to fill the position. The proposed effective date is the date the successful candidate is promoted. ATTACHMENTS: 1) Forestry Service Specialist job description 2) Draft Environmental Technician job description FISCAL IMPACTS (Include Budgeted Amount): Approximately $3,000 for the remainder of 2017 which can be absorbed within the existing budget; approximately $9,600 per year thereafter. STUDY SESSION AGENDA: 0 No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to authorize the elimination of one Forest Service Specialist position at pay grade 10 from the 2017 budget and the addition of one Environmental Technician position at pay grade 15; effective on the date the successful candidate is promoted. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/07/15 City of Bremerton Classification Specification July 2014 FORESTRY SERVICE SPECIALIST GENERAL FUNCTION Assists with forestry maintenance tasks including road maintenance, culvert maintenance, bridge maintenance, hauling, and loading; cleaning, herbicide application, material/equipment/supplies pick-up, delivery and storage. Applies biosolids as instructed. Maintains or improves structures, access points, and facilities. Operates a variety of specialized equipment. Performs record keeping and reporting using computer. Occasionally assists other Public Works divisions with projects and maintenance tasks if assigned. DISTINGUISHING FEATURES The Forestry Service Specialist classification is characterized by the application of technical experience and skills to provide support for the City's forest and biosolids programs. Work will be accomplished both independently and in conjunction with employees of equal and higher grade. This position provides an opportunity to gain experience in the City's Forestry function, and an internship with promotion potential for candidates with a Forestry undergraduate degree. REPRESENTATIVE ESSENTIAL DUTIES and RESPONSIBILITIES (Note — this list is intended only to illustrate the various types of work that may be performed. The omission of specific statements does not exclude them from the position.) Operates heavy and specialized equipment such as front end loader, biosolids applicator truck, ten -yard trucks and backhoes. Operates chainsaws, weed eaters, spray equipment, mowers and other small equipment and hand tools to maintain forest roads, plantations, water systems, and park areas. Assists in operation of the City's Biosolids Program, including field application and record-keeping. Assists in maintenance of forest roads. Assists in operation and maintenance of Jarstad Park. Assists in watershed protection, including physical security and wildfire prevention and suppression. Flags traffic. Supervises temporary workers engaged in forestry maintenance activities. Performs other related duties as assigned. Other Duties — Regular attendance is an essential requirement — Performs related work as assigned and/or required PHYSICAL REQUIREMENTS This position requires physical strength and ability to perform heavy manual labor for extended periods under dirty and uncomfortable conditions in all kinds of weather. This includes ability to lift over 50 pounds. May require standing and walking for long periods. This position frequently Pagel 43 City of Bremerton Classification Specification July 2014 FORESTRY SERVICE SPECIALIST requires continuous hand and finger movement; also carrying, climbing, bending, crouching, kneeling, reaching, pushing, pulling and grasping. WORKING CONDITIONS Work is primarily performed outdoors in varying weather conditions. Employee risks physical hazard from mechanical and electrical equipment, traffic and exposure to noise, fumes and chemicals. Physical effort is required to perform heavy manual labor in uncomfortable, confined and dirty conditions; bending, stooping and reaching while traversing steep slopes is common. DESIRABLE SKILLS, KNOWLEDGE AND ABILITIES (Entry Requirements) Knowledge of: • Safe working methods. • Forest environment herbicide applications using hand methods & motorized applicators. • Forest road construction, stream crossing structures, and general road maintenance. Ability to: • Operate and become proficient on equipment such as backhoe, frontend loader, biosolids applicator, dump truck, and other more complex equipment. • Use computer or electronic devices to enter data, print reports, track information, and communicate with email or text. • Work safely when working with other employees or independently. • Interact with the Public effectively and courteously. • Basic mechanical ability and skill in using the hand tools and equipment. • Follow written and oral instructions. • Maintain and operate assigned tools safely. • Obtain traffic flagging certification within 6 months of hire. • Respond to emergencies on a 24-hour basis. • Communicate effectively both orally and in writing. QUALIFYING EDUCATION AND EXPERIENCE (Minimum Requirements) Any combination of education and experience equivalent to a high school diploma or G.E.D. and one year experience in park maintenance, forestry maintenance. A Public Operators License through the Washington State Department of Agriculture for herbicide application will be required within 1 year of employment. A valid Washington State Commercial Driver's License with a Class A endorsement will be required within nine months of employment. Traffic flagging certification will be required within 6 months of employment. First Aid /CPR certification must be obtained within 6 months of employment. Page 2 of 3 City of Bremerton Classification Specification July 2014 FORESTRY SERVICE SPECIALIST LEGAL and REGULATORY EMPLOYMENT CONDITIONS Fair Labor Standards Act: The classification is non-exempt under the laws of Fair Labor Standards Act minimum wage and overtime provisions. Representation: The classification is included in the bargaining unit pursuant to the Recognition Article of the current labor agreement between the City of Bremerton and the Teamsters Local 589. Civil Service: The classification is excluded from the City's Civil Service System. Appointment and Removal Authority: The position is filled by appointment by the Department Head. Removal is by action of the Department Head in conformance with Human Resources Policies. This classification specification does not constitute an employment agreement between the City and employee. It is subject to change by the City, with the approval of Human Resources, as the needs of the City and requirements change. Page 3 of 3 City of Bremerton Classification Specification May 16, 2017 ENVIRONMENTAL TECHNICIAN GENERAL FUNCTION Depending on assignment, cEonducts, coordinates and manages environmental monitoring for drinking water, wastewater, stormwater, streams, fresh and marine water, watershed health, and biosolids application to forest lands. Monitors, investigates, analyzes, and reports data for regulatory, legal, and special study purposes. Develops and implements environmental public education programs, -ate forest practice applications (FPA), biosolid application loadings, tree harvest surveys and coordinates City's Water Efficiency Program. REPRESENTATIVE ESSENTIAL DUTIES and RESPONSIBILITIES (Note — this list is intended only to illustrate the various types of work that may be performed. The omission of specific statements does not exclude them from the position.) Collects field data and samples coordinates and analyzes environmental monitoring data for drinking water, combined sewer overflows, biosolids application to forest lands, streams and stormwater. Operates and maintains monitoring systems to assure compliance with federal, state and legal requirements. Downloads and archives data from GIS, meters and rain gauges. Compiles statistical data; analyzes and prepares combined sewer overflow, biosolid and other water quantity/quality reports, and presentations as required. Develops and presents Public Education programs for water efficiency, drinking water quality, and stormwater pollution prevention. Evaluates field and laboratory data to ensure quality and regulatory l�atory standards are met. Develops and manages databases for water quality and quantity programs that will make for easy retrieval and quick analysis to verify compliance with regulatory and legal requirements. Makes recommendations for environmental pollution prevention and sediment control program efforts. Develop environmental monitoring programs and prepare monitoring plans to meet new or existing regulations. Compile biosolid application and nutrient loading rates for biosolid sites for reportingand nd application purposes. Survey tree stands for harvest and/or pre -commercial thinning. Conduct stream surveys for fish passage. Submit FPA to regulatory agency. Ability to conduct and coordinate multiple agencies for FPA review and onsite surveys for ID teams. Represents the City on advisory and education committees. Other Duties — Regular attendance is an essential requirement — Performs related duties and responsibilities as assigned and/or required KNOWLEDGE, SHILLS and ABILITIES (Entry Requirements) Pagel of 3 City of Bremerton Classification Specification May 16, 2017 ENVIRONMENTAL TECHNICIAN Knowledge of: • Environmental field monitoring procedures and methods, laboratory methods, maintenance and calibration of analytical equipment, water quality standards, and drinking water regulations. • Wastewater and stormwater collection systems, engineering design standards, regulations. • Operation and maintenance of specialized environmental monitoring equipment and associated software. • Basic understanding of math, statistics, hydraulics, and hydrology. • Safe working procedures, including confined space entry. Skill in: Computer systems and associated spreadsheet, word processor, GIS and database software. Performing environmental analyses. Maintaining field environmental monitoring equipment. Ability to: • Organize and interpret environmental data. • Perform tasks with minimal supervision. • Interact effectively with the public. • Follow technical instructions and procedures. • Communicate effectively both orally and in writing. • Perform basic environmental field analysis. • Perform math calculations needed for water quality/quantity applications. • Maintain accurate records. QUALIFYING EDUCATION and EXPERIENCE (Minimum Requirements) Associates Degree in Environmental Sciences or related technical field or two years of related college coursework or technical training and two years of experience working in the water quality field is required or any combination of experience and education which meets the requirements for skills, knowledge, and abilities required to perform the job. Depending on assignment, a Water Distribution Manager OIT or Level I certification must be obtained within one (1) year of employment. Special Requirements Technical coursework in algebra, statistics, chemistry, biology, and environmental studies is highly desirable. PHYSICAL REQUIREMENTS Work safely in tight uncomfortable environments such as sewer system manholesalid pipes. Must be able to lift 30 lbs and work below and above the knees in a stooped or standing position. Maneuver through construction sites, in forested land traveling up and down hills, near and/or through streams and creeks, and over logs. Climb ladders and stairs in and around wastewater liftstations, water treatment facilities and in sewer systems. Work for extended periods of time in a sitting position while working on a computer or calibrating equipment. Position requires visual acuity for both distance and close up work, ability to discern colors and frequently requires both finger and hand movement. WORKING CONDITIONS Work is performed in the field and in the office. Outside work is performed in various weather conditions, and in various locations such as residential and commercial areas, construction sites, marine beachfront, in storm and sanitary sewer systems, water reservoirs, forested watersheds and biosolids application sites. Work is performed out-of-doors approximately 50% of the time. Page 2 of 3 City of Bremerton Classification Specification May 16, 2017 ENVIRONMENTAL TECHNICIAN LEGAL and REGULATORY EMPLOYMENT CONDITIONS Fair Labor Standards Act: The classification is non-exempt under the laws of Fair Labor Standards Act minimum wage and overtime provisions. Representation: The classification is included in the bargaining unit pursuant to the Recognition Article of the current labor agreement between the City of Bremerton and the Teamsters Local 589. Civil Service: The classification is excluded from the City's Civil Service System. Appointment and Removal Authority: The position is filled by appointment by the Department Head. Removal is by action of the Department Head in conformance with Human Resources Policies. This classification specification does not constitute an employment agreement between the City and employee. It is subject to change by the City, with the approval of Human Resources, as the needs of the City and requirements change. Page 3 of 3 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Public Works Agreement with Study Session Date: August 9, 2017 Kemron Environmental Services for Modified COUNCIL MEETING Date: August 16, 2017 Clean-up of the Small Arms Range (SAR) Department: PW&U/Forestry located in the Bremerton Watershed Presenter: Pat Coxon Phone: (360) 473-5448 SUMMARY: In December 2016, we completed the Feasibility Study on a modified clean-up of the Bremerton Police Small Arms Range (SAR). The modified clean-up consists of the removal and recycling of approximately 10,000 tires, the mining of the soils for brass casings and lead slugs that will also be recycled, and the excavation and treatment of the soils within the SAR. Requests for proposals were sent to eight environmental firms that were selected from the MRSC Roster. We received one (1) proposal from Kemron Environmental Services in the amount of $139,368.00 plus WA State sales tax & shipping, which meets our required scope of work. ATTACHMENTS: 1) Public Works Agreement 2) Scope of Work 3) Proposal Cover Letter 4) Certification of Compliance 5) Certificate of Liability Insurance 6) Insurance Documents 7) Site Map 8) Purchase Quotation Sheets FISCAL IMPACTS (Include Budgeted Amount): $200,000 budget. STUDY SESSION AGENDA: 0 No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the Public Works Agreement with Kemron Environmental Services for Modified Clean-up of the Small Arms Range located in the Bremerton Watershed in the amount of $151,911.12 including Washington State sales tax and shipping; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/07/15 PUBLIC WORKS AGREEMENT THIS AGREEMENT, is entered into between the City of Bremerton, a Washington Municipal Corporation ("City"), and KEMRON Environmental Services ("Contractor"), whose mailing address is P.O. Box 274, Vaughn, WA 98394. The parties agree as follows: 1. CONTRACTOR SERVICES. The Contractor shall perform the following services for the City: All services described in the Scope of Work, attached hereto as Exhibit A and incorporated herein, and as further described in the KEMRON Environmental proposal cover letter dated August 2, 2017, attached hereto as Exhibit B and incorporated herein. 2. TIME OF COMPLETION. Contractor shall complete the work within one hundred & eighty( 180) calendar days from the date of issuance of the City's Notice to Proceed. 3. COMPENSATION. The City shall pay the Contractor the total amount of $139,368.00, plus any applicable Washington State Sales Tax, for the work and services contemplated in this agreement. The Contractor shall invoice the City monthly. The City will pay for the portion of the work described in the invoice that has been completed and approved by the City. The City's payment shall not constitute a waiver of the City's right to final inspection and acceptance of the project. A. Performance Bond. Pursuant to Chapter 39.08 RCW, the Contractor, shall provide the City a performance bond for the full contract amount to be in effect until forty-five (45) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue and the State Department of Labor and Industries and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. B. Retainage. The City shall hold back a retainage in the amount of five percent (5%) of any and all payments made to contractor for a period of forty-five (45) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue and the State Department of Labor & Industries and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. C. Defective or Unauthorized Work. The City reserves its right to withhold payment from Contractor for any defective or unauthorized work. Defective or unauthorized work includes, without limitation: work and materials that do not conform to the requirements of this agreement; and extra work and materials furnished without the City's written approval. If Contractor is unable, for any reason, to satisfactorily complete any portion of the work, the City may complete the work by contract or otherwise, and Contractor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including PUBLIC WORKS AGREEMENT —Page 1 of 10 between City of Bremerton and KEMRON Environmental Services legal costs and attorney fees, incurred by the City beyond the maximum Contract price specified above. The City further reserves its right to deduct the cost to complete the Contract work, including any Additional Costs, from any and all amounts due or to become due the Contractor. D. Final Payment: Waiver of Claims. THE MAKING OF FINAL PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY CONTRACTOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. 4. INDEPENDENT CONTRACTOR. Contractor is and shall be at all times acting as an independent contractor and not as an employee of the City. The Contractor shall secure at its expense, and shall be responsible for all payments of income tax, social security, state disability insurance compensation, unemployment compensation, and all other payroll deductions for the Contractor, officer, agents, employees and sub -contractors. The Contractor shall also secure all applicable business licenses, if required, in connection with the contract services, including all required licenses for Contractor's officers, agents, employees and sub -contractors. 5. TERMINATION. The City may terminate this agreement for good cause. "Good cause" shall include, without limitation, any one or more of the following events: A. The Contractor's refusal or failure to supply a sufficient number of properly skilled workers or proper materials for completion of the Contract work. B. The Contractor's failure to complete the work within the time specified in this agreement. C. The Contractor's failure to make full and prompt payment to subcontractors or for material or labor. D. The Contractor's persistent disregard of federal, state or local laws, rules or regulations. E. The Contractor's filing for bankruptcy or becoming adjudged bankrupt. If the City terminates this agreement for good cause, the Contractor shall not receive any further monies due under this agreement until the Contract work is completed. 6. PREVAILING WAGES. Contractor shall file a "Statement of Intent to Pay Prevailing Wages," with the State of Washington Department of Labor & Industries prior to commencing the Contract work. Contractor shall pay prevailing wages and comply with Chapter 39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate PUBLIC WORKS AGREEMENT — Page 2 of 10 between City of Bremerton and KEMRON Environmental Services provisions. The latest prevailing wage rate revision issued by the Department of Labor and Industries is attached. 7. CHANGES. The City may issue a written work change directive for any change in the Contract work during the performance of this agreement. If the Contractor determines, for any reason, that a change order is necessary, Contractor must submit a written change order request to the City's project manager within two (2) business days of the date the Contractor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Contractor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Contractor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Contractor shall proceed with the change order work upon receiving a written work change directive or change order from the City. If the Contractor fails to require a change order within the time allowed, the Contractor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Contractor disagrees with the equitable adjustment the Contractor must complete the change order work; however, the Contractor may elect to protest the adjustment as provided below: A. Procedure and Protest by the Contractor. If the Contractor disagrees with anything required by a work change directive or change order, including any direction, instruction, interpretation, or determination by the City, the Contractor shall: Immediately give a signed written notice of protest to the City; 2. Supplement the written protest within fourteen (14) calendar days with a written statement that provides the following information: a. The date of the Contract's protest. b. The nature and circumstances that caused the protest. C. The provisions in this agreement that support the protest. d. The estimated dollar cost, if any, of the protested work and how that estimate was determined. C. An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. The Contractor shall keep complete records of extra costs and time incurred as a result of the protested work. The City shall have access to any of the Contractor's records needed for evaluating the protest. The City will evaluate all protests, provided the procedures in this section are followed. If the City determines that a protest is valid, PUBLIC WORKS AGREEMENT —Page 3 of 10 between City of Bremerton and KEMRON Environmental Services the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. B. Contractor's Duty to Complete Protested Work. In spite of any protest, the Contractor shall proceed promptly with the work as the City has ordered. C. Contractor's Acceptance of Changes. The Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by Contractor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Contractor also waives any additional entitlement and accepts from the City any written order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Contractor completely waives any claims for protested work and accepts form the City any written order (including directions, instructions, interpretations, and determination). 8. CLAIMS. The Contractor shall give written notice to the City of all claims other than change orders within fourteen (14) calendar days of the occurrence of the events giving rise to the claims. Any claim for damages, additional payment for any reason, or extension of time, whether under this agreement or otherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this agreement; or, if (and only if) no such provision is applicable, unless that claim is set forth in detail in writing and received by the City within seven (7) calendar days from the date Contractor knew, or should have known, of the facts giving rise to the claim. At a minimum, a Contractor's written claim must include the information set forth regarding protests in Section 7.A.2.a.-e. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. Contractor must, in any event, file any claim or bring any suit arising from or connected with this agreement within 120 calendar days from the date the contract work is complete. 9. WARRANTY. The Contractor shall correct all defects in workmanship and materials within one year from the date of the City's acceptance of the Contract work. When PUBLIC WORKS AGREEMENT — Page 4 of 10 between City of Bremerton and KEMRONEnvironmental Services defects are corrected, the warranty for that portion of the work shall extend for one year form the date such correction is completed and accepted by the City. The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. 10. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its officer, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits including all legal costs and attorney fees, arising out of or in connection with the performance of this agreement, except for injuries and damages caused by the City's sole negligence. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officials, employees, agents and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS INDEMNIFICATION CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSE OF THIS INDEMNIFICATION. THE PARTIES ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this agreement. 11. INSURANCE. The Contractor shall procure and maintain for the duration of this agreement insurance of the types and in the amounts described below against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work by the Contractor, its agents, representative, employees, subconsultants or subcontractors. Before beginning work on the project described in this agreement, the Contractor shall provide a Certificate of Insurance evidencing: Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 2. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence PUBLIC WORKS AGREEMENT —Page 5 of 10 between City of Bremerton and KEMRON Environmental Services and $2,000,000 general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; explosion, collapse and underground (XCU); and employer's liability. 3. Excess Liability insurance with limits not less than $1,000,000 per occurrence and aggregate. Any payment of deductible or self-insured retention shall be the sole responsibility of the Contractor. The City, its officials, employees, agents and volunteers shall be named as an additional insured on the insurance policy, as respects work performed by or on behalf of the Contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Tn-.»rance The Contractor's insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. The Consultant's insurance shall be primary and non-contributory insurance as respects the City and shall contain a waiver of subrogation against the City for claims arising out of any operations, liabilities and obligations to which coverage applies. It shall be an affirmative obligation upon Consultant 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 6th Street, Suite 600, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy set out herein, and failure to do so shall be construed to be a breach of this Agreement. The City reserves the right to receive a certified copy of all the required insurance policies. 12. MISCELLANEOUS. A. Nondiscrimination. In the hiring of employees for the performance of work under this Agreement or any sub -contract hereunder, the Contractor, its sub -contractors, or any person acting on behalf of such Contractor or sub -contractor shall not, by reason of race, religion, color, sex, national origin, or the presence of any sensory, mental, physical disability, or sexual orientation discriminate against any person who is qualified and available to perform the work to which the employment relates. B. Compliance with Laws. Contractor shall comply with all federal, state and local laws, rules and regulations throughout every aspect in the performance of this agreement. PUBLIC WORKS AGREEMENT — Page 6 of 10 between City of Bremerton and KEMRON Environmental Services C. Work Performed at Contractor's Risk. Contractor shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of this agreement. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. D. Nonwaiver of Breach. The failure of the City to insist upon strict performance of any of the terms and rights contained herein, or to exercise any option herein conferred in one or more instances, shall not be constructed to be a waiver or relinquishment of those terms and rights and they shall remain in full force and effect E. Governing Law. This agreement shall be governed and construed in accordance with the laws of the State of Washington. If any dispute arises between the City and Contractor under any of the provisions of this agreement, resolution of that dispute shall be available only through the jurisdiction, venue and rules of the Kitsap County Superior Court, Kitsap County, Washington. F. Attorney's Fees. To the extent not inconsistent with RCW 39.04.240, in any claim or lawsuit for damages arising from the parties' performance of this agreement, each party shall be responsible for payment of its own legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit; however, nothing in this subsection shall limit the City's right to indemnification under Section 10 of this agreement. G. Written Notice. All communications regarding this agreement shall be sent to the parties at the addresses listed on the signature page of this agreement, unless otherwise notified. Any written notice shall become effective upon delivery, but in any event three (3) calendar days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated on this agreement. H. Assignment. Any assignment of this agreement by the Contractor without the written consent of the City shall be void. I. Modification. No waiver, alteration, or modification of any of the provisions of this agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Contractor. J. Severability. If any one or more sections, sub -sections, or sentences of this agreement are held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this agreement and the remainder shall remain in full force and effect. K. Entire Agreement. The written provisions and terms of this agreement, together with any attached Exhibits, supersede all prior verbal statements by any representative of the City, and those statements shall not be construed as forming a part of or altering in any manner this agreement. This agreement and any attached Exhibits contain the entire agreement PUBLIC WORKS AGREEMENT — Page 7 of 10 between City of Bremerton and KEMRON Environmental Services between the parties. Should any language in any Exhibit to this agreement conflict with any language contained in this agreement, the terms of this agreement shall prevail. IN WITNESS WHEREOF, the parties below have executed this agreement. CONTRACTOR — i�� Print m : An M. Dwyer Title. Executive Vice President DATE 8/2/2017 Notices to be sent to: CONTRACTOR: Mark Roberts, PMP KEMRON Environmental Services P.O. Box 274, Vaughn, WA 98394 R:\LEGAL\Contracts\FORMS\ShortForm.PW.Agr.doc Title: PUBLIC WORKS AGREEMENT — Page 8 of 10 between City of Bremerton and KEMRONEnvironmental Services THE CITY OF BREMERTON Print Name: DATE Notices to be sent to: CITY OF BREMERTON: Pat Coxon 1600 Oyster Bay Ave. S Bremerton, WA 98312 (360) 473-5448 (360) 473-5455 (facsimile) APPROVED AS TO FORM: Bremerton City Attorney ATTEST: Bremerton City Clerk PREVAILING WAGES EXHIBIT A SCOPE OF WORK — BREMERTON SMALL ARMS RANGE Introduction The City of Bremerton Police Department Small Arms Range (SAR) is located at 6851 West Belfair Valley Road in Bremerton, WA. This outdoor range of approximately three (3) acres is owned by the Bremerton Water Utility and operated by the Bremerton Police Department. The SAR has been in consistent use for over 50 years, since approximately mid -1960. Operation & Maintenance of the SAR is performed by the Bremerton Police Department. The typical small arms ammunition expended at the SAR are equal to or less than .45 caliber cartridges and non -exploding ammunition. There are approximately 4,500 tires filled with soil from the SAR and stacked in a "tire house" on the western side of the SAR that need to be removed. The main environmental concern is lead in the form of spent bullets and shot. It is important that the lead stay on-site at the SAR and does not impact the surface waters, groundwater or wildlife. The requirement of this scope of work is for the tires, brass casings and spent lead slugs to be recycled. Scope Area 1 (see attached map), Scrape, Treat, Move and Shape Side Berms/Backstop — Scrape an average of 6 inches in Area 1, the shotgun area, treat excavated soil with a potassium phosphate material and move the treated soil to Area 3 (shown as dirt storage area). Replace excavated area with 3" of clean soil and top with 3" of % -minus gravel. Grade the area south of the wells so that surface water drains away from the wellheads. 2. Area 2 (see attached map), Remove tires (approximately 4,500) and soil in the tires and utilize a tire shredder on-site. Shredded tires could then be compacted and landfilled off-site, sent off for reuse, or used as a tire derived fuel. Once tires are removed, scrape an average of six inches in Area 2 and treat excavated soil with a potassium phosphate material and move treated soil to Area 3. Replace the excavation area with 6" of clean soil and slope so that it drains to the east. There is approximately 370 cubic yards of material to be moved from Areas 1 & 2. 3. Areas 4 & 5 (see attached map), Mine the lead from the backstop of the pistol and rifle range. Excavate and sieve lead slugs from the soil. Collected rinse water from cleaning soil of lead slugs during the sieving will be applied to the soil during treatment with potassium phosphate. Sieved and treated soils could then be returned to the backstops. All recovered lead and brass casings will be washed and recycled. Ensure there are no live rounds in the mixture. Deliver lead and brass casings to recycler with payment made to the City of Bremerton. 4. Remaining Tire Removal (Areas 4 & 5) Remove remaining tires (approximately 5,500) and soil in the tires, and utilize a tire shredder on-site. Shredded tires could then be compacted and landfilled off-site, sent off for reuse, or used as a tire derived fuel. The December 2016 Feasibility Study for Bremerton Small Arms Range, is available for review upon request. EXHIBIT B KeMROn ENViRONMENiAL SERVICES 3155 Blackhawk Drive, Building 379 ■ Fort Sheridan, IL 60037 E Telephone (847) 266-1350 E Fax (847) 266-3584 E http://www.kemron.com 2 August 2017 Patric J. Coxon Wastewater/ Forestry Manager Public Works & Utilities City of Bremerton 1600 Oyster Bay Ave. S Bremerton, WA 98312 Patric. coxon(o-)ci. bremerton.wa. us Reference: Request for Proposal City of Bremerton Police Department Small Arms Range (SAR) 6851 West Belfair Valley Road in Bremerton, WA Dear Mr. Coxon: KEMRON Environmental Services, Inc. (KEMRON) appreciates the opportunity to submit a cost proposal to support the City of Bremerton for modified clean-up of the City of Bremerton Police Department Small Arms Range. We have prepared our proposal in accordance with the Scope of Work, Site Map and the Feasibility Study prepared by KEMRON in 2016. We proposed to complete the work for a price of $ $139,368. We can provide more detail if requested. KEMRON's price includes: • Bonding for the project • Work Plan and Health and Safety Plan to identify, document, and communicate to project staff and client the details of the work to be performed, the health and safety risks associated with the site and scope of work, and safe work practices to be followed to minimize risks. • Daily oversight by a KEMRON Project Manager and a Site Safety and Health Officer. • Work will be performed by KEMRON staff that are HAZWOPER trained in accordance with 29 CFR 1910.120. • Daily field work safety meetings and dust monitoring (for associated lead dust) with information logged on daily field forms that will be provided to City of Bremerton at the end of the project. • Dust suppressions using water spray as necessary. • Decontamination pad for personnel and equipment. • KEMRON will spread 21 tons of EnviroblendTM (or equivalent) in Areas 1 and 2 prior to excavating to aid in the mixing of the treatment material into the soil prior to additional mixing and moving to Area 3. Soil from tires will be added and mixed in this step also. • KEMRON will use 1 ton of EnviroblendTM (or equivalent) to treat backstop soils after mining lead slugs with via power screen and prior to replacing treated soil in the backstop. An additional 10 yards of sand are included in the price to supplement the backstop as necessary. KEMRON Cost Proposal Small Army Range, Bremerton, WA 21 July 2017 Use of a shredder for an estimated 10,000 tires and disposal of tire material off-site via tire recycler. Note that only the estimated 4500 tires on the west side of the range (Area 2) were priced in the FS. The SOW adds another 5500 tires from the east side. Note that the current vendor quotes for taking tires directly (without shredding) may not justify the cost of renting the shredder. However, by shredding the tires, all soil (potentially lead contaminated) from the site will be treated and remain at the site and not be transported off-site to tire vendor who reportedly would shred them at their facility. Coordination and off-site transportation of lead slugs and mixed metal casings to a local metal recycler. Project Report documenting all work performed, testing and monitoring results, and disposal records. KEMRON's price does not include: • Sample collection or analyses of total lead or TCLP since sampling was not requested in the PWS. KEMRON can work with City of Bremerton staff regarding recommendations for sample collection and analytical services. • Credit/reduction for recycle value of lead slugs and brass/mixed metal casings. KEMRON will work with City of Bremerton to identify recyclers in the area and best values for recycling. Assumptions made in the cost proposal include: • All tires are rimless — in the event of finding tires with rims, KEMRON will work with City of Bremerton for a location on site to stage any tires found with rims. • Water is available at the site (hydrant or from the spigot on east side of range building). • The goal of `cleaning' slugs will be for acceptance by recycler. Water will only be used to rinse slugs if dry screening is insufficient to remove adequate amount of soil adhered for recycler acceptance. There may be opportunities to reduce these costs with changes in approach and would be happy to discuss those with you. Should you have any questions regarding this offer, please do not hesitate to contact Mark Roberts at (206) 225-3590 or via email at mrobertsa-kemron.com. We look forward to continuing our work at the site. Sincerely, KEMRON Environmental Services, Inc. ?; �. � L. 9.L., Mark Roberts, PMP Senior Project Manager Cc: L. Ehrhard - KEMRON Certification of Compliance with Wage Payment Statutes The bidder hereby certifies that, within the three-year period immediately preceding the bid solicitation date of 06/22/2017, the bidder is nota "willful" violator, as defined in RCW 49.48.082, of any provision of chapters 49.46, 49.48, or 49.52 RCW, as determined by a final and binding citation and notice of assessment issued by the Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction. I certify under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct. KEMRON Environmental Services, Inc. Bidder's Business Name Signat4z)rof AuthArized Official* John M. Dwyer Printed Name Executive Vice President Title 8/2/2017 Atlanta GA Date City State Check One: Sole Proprietorship ❑ Partnership ❑ Joint Venture ❑ Corporation 0 State of Incorporation, or if not a corporation, State where business entity was formed: New York If a co -partnership, give firm name under which business is transacted: * If a corporation, proposal must be executed in the corporate name by the president or vice-president (or any other corporate officer accompanied by evidence of authority to sign). If a co -partnership, proposal must be executed by a partner. KEMROA OP ID: KH ACORO CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 07/31/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Chris Wortham H&H Insurance Services, Inc. CONTACT Kim Haynes A/C, No Ext): 678-252-1469 FAX No): 866-348-8540 E-MAIL KHa nes hhinsur.com ADDRESS: Y 3160 Campus Drive, Suite 100 Norcross, GA 30071 INSURER(S) AFFORDING COVERAGE NAIC # Christopher B. Wortham INSURERA:Illinois Union Insurance Co. 27960 INSURED KEMRON Environmental INSURER B: Starr Indemnity & Liability Co 38318 Services, Inc 1359-A Ellsworth Industrial BI INsuRERc:StarSurplus Lines Insurance X INSURER D : 04/01/2017 Atlanta, GA 30318 INSURER E : DAMAGE TO RENTED PREMISES Ea occurrence $ 300,000 INSURER F: X CGL Ded. $25.000 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE DDL INSD UBR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE [XI OCCUR X X G24199575 007 04/01/2017 04/01/2018 DAMAGE TO RENTED PREMISES Ea occurrence $ 300,000 X CGL Ded. $25.000 PRIMARY AND MED EXP (Any one person) $ 10,000 X X,C,U NON CONTRIBUTORY PERSONAL& ADV INJURY $ 1,000,000 AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 GENT POLICY JjRO- ECT [::] LOC PRODUCTS - COMP/OPAGG $ 2,000,000 Emp Ben. $ 1,000,000 OTHER I AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1,000,000 BODILY INJURY (Per person) $ B X ANY AUTO X X 1000199022171 04/01/2017 04/01/2018 ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ NON -OWNED HIRED AUTOS AUTOS PROPERTY DAMAGE Per accident $ UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 10,000,000 C X EXCESS LIAB CLAIMS -MADE X X 1000336450171 04/01/2017 04/01/2018 AGGREGATE $ 10,000,000 DED X RETENTION $ -0- $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y ANY PROPRIETOR/PARTNER/EXECUTIVE � OFFICER/MEMBER EXCLUDED? (Mandatory in NH) N /A 100 0001220 04 EXCL MONOPOLISTIC STATES` 04/01/2017 04/01/2018 X PER OTH- STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE- POLICY LIMIT $ 1,000,000 A Professional and G24199575 007 04/01/2017 04/01/2018 $1MM/$2MM 25,000 Ded Pollution DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Additional insured status provided by Forms ENV3101 and ENV3226, copies attached. CERTIFICATE HOLDER CANCELLATION BREMERT SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Bremerton ACCORDANCE WITH THE POLICY PROVISIONS. 1600 Oyster Bay Ave. S AUTHORIZED REPRESENTATIVE Bremerton, WA 98312 ACORD 25 (2014/01) © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Named Insured Endorsement Number Kemron Environmental Services, Inc. Policy Symbol Policy Number Policy Period Effective Date of Endorsement GLW G24199575 007 04/01/2017 to 04/01/2018 04/01/2017 Issued By (Name of Insurance Company) Illinois Union Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED ENDORSEMENT — PRODUCTS -COMPLETED OPERATIONS HAZARD PRIMARY & NON-CONTRIBUTORY THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTOR'S POLLUTION LIABILITY COVERAGE PART SCHEDULE Any person or organization that is an owner of real property or personal property on which you are performing operations, or a contractor on whose behalf you are performing operations, as required by written contract executed prior to a claim or occurrence. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for bodily injury or property damage caused, in whole or in part, by your work performed for that additional insured and included in the products -completed operations hazard. Furthermore, the coverage provided hereunder shall be primary and not contributing with any other insurance available to those designated above under any other third party liability policy. All other terms and conditions remain the same. ENV -3226 (10-08) ©Chubb. 2016. All rights reserved. Page 1 of 1 C H U E3 E3" Named Insured Kemron Environmental Services, Inc. Policy girib-61F Policy Number GLW 1 G24199575 007 Issued By (Name of Insurance Company) Illinois Union Insurance Company Policy Period 04/01/2017 to 04/01/2018 04/01/2017 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED ENDORSEMENT - OWNERS, LESSEES OR CONTRACTORS (PRIMARY AND NON-CONTRIBUTORY) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE CONTRACTORS POLLUTION LIABILITY COVERAGE SCHEDULE: Name of Person or Organization: Any person or organization that is an owner of real property or personal property on which you are performing operations, or a contractor on whose behalf you are performing operations, as required by written contract executed prior to a claim or occurrence. (if nn antry nnnParc nhove infnrmatinn recniired to comnlete this endorsement will be shown in the Declarations as applicable to this endorsement.) SECTION II - WHO IS AN INSURED is amended to include: A. SECTION II - WHO IS AN INSURED is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. B. With respect to the insurance afforded to these additional insureds, the following exclusion is added: 2. Exclusions This insurance does not apply to bodily injury or property damage occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been completed; or (2) That portion of your work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. The coverage provided hereunder shall be primary and not contributing with any other insurance available to those designated above under any other third party liability policy. ENV -3101 (08-04) Includes copyrighted material of Insurance Services Office, Inc. with its permission Page 1 of 1 0 1, I t U) m Cr m m U7 m L CZ CD W W a Cl) m CL Z cc O E Q U O c W CO Q c = o � o a .. m r ro m w 0 0 0 v a r L Q _r 'U r m m m m r a ` a — o CT V+� c � ► Q �o 7 (D m m . c m m d' ❑ a . •9t IMS W C) — o CT V+� e v Q 7 h m m d x o � m o � � m � 0 v Q 7 �ggg SSS o a o � � � m Q VJ, w W H 83 •Qj ., L ki as o�or 83 •Qj ., t -- W W Z Vi Z O E- Ia- O cr W co Q U a m c CD m N cc t U CL m 0 r C13 CL m m E 0 0 CD m C13 N C O S 0 c m m m _L cr fD L 0 0 Q L O 3 3 N m N W U a AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Local Agency Construction Contract for the West Belfair Valley Road and Tracyton Beach Road Innovative Safety Project Study Session Date: August 9, 2017 COUNCIL MEETING Date: Auaust 16. 2017 Department: PW&U Presenter: Knuckey Phone: (360) 473-2376 SUMMARY: In December, 2016 the City was awarded a grant to construct safety improvements for Belfair Valley and Tracyton Beach Roads. The work includes construction of guardrail and high friction pavement surfacing at critical locations along the roadways. Bids were opened on August 11th; _ bids were received. The lowest responsive, responsible bidder was who submitted a bid in the amount of including WA State sales tax. ATTACHMENTS: 1) Local Agency Construction Contract; 2) Vicinity Map; and 3) Bid Tabulation FISCAL IMPACTS (Include Budgeted Amount): This project is fully funded by a $1,675,490 Federal Highway Safety Improvement Grant under the 2016 Innovative Safety Program. STUDY SESSION AGENDA: 0 No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the Local Agency Construction Contract with for the West Belfair Valley Road and Tracyton Beach Road Innovative Safety Project; 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 VICINITY MAP Local Agency Contract THIS AGREEMENT made and eiitered into this day of between the, and the under and by virtue of Title 47 RCW, as amended and hereinafter called the Contractor. WTTNESSETfl: That in consideration of the terms and conditions contained herein and attached and made a part of this ageement, the parties hereto covenant and agree as follows: The Contractor shall do all work and fiumsh all tools, matenals, and egiupwent for: m accordance with and as described in the attached plans and spec ificanons, and the standard specifications of the which are by this reference incorporated herein and made part hereof and, shall perform any changes in the work in accord with the Contract Docament y_ The Contractor shall provide and bear the e�cpense of all equipment. work and labor, of any sort %vU tsoever that may be required for the transfer of materials and for constntc.ting and complewig the wwk pronded for in these Contract Documents except those items mentioned therein to be furnished by _ II. hereby pronnses and agree. with the Contractor to employ, and does employ the C outractor to provide the materials and to do and cause to be done the above described work and to complete and Snish the same in accord with the attached plans and specifications and the terms and conditions herein contained and hereby contracts to pay for the same according to the attached specifications and the schedide of unit or ttenuzed prices at the time and in the manner and upon the conditions provided for in this contract. SR City of Bremerton West Belfair Valley Rd and Tracyton Beach Rd Innovative Safety pp7 Fain 7r2-U*AEF Mall HDR #10058164 Project June 2017 Bid Documents CD -15 M. The Contractor for hunsel.fberself and for hisIer heirs, executors, administrators, successors, and assim. does hereby agree to full perforr:=ce of all convenants required of the Contractor in the contract. IV. It is hither provided that no liability shall attach to the State by reason of enter= into this contract. except as pro6ded herein - IN WrrNESS VI=OF. the Contractor has executed this instrument. on the dry and year first below %%ntten and has caused this instru hent to be executed by and in the name of the day and year first above t►Titten. Executed by the Contractor Local Agency: Tette: By: Date: SR City of Bremerton West Belfair Valley Rd and Tracyton Beach Rd Innovative Safety Project Bid Documents CD -16 DOT FM ZU-CMA EF WFMI HDR #10058164 June 2017 AGENDA BILL B8 CITY OF BREMERTON CITY COUNCIL item pulled.. SUBJECT: Professional Services Contingency Fee Agreement with Restorical Research, LLC for Environmental Cost Recovery Study Session Date: A6ig6ist 9 !2017 COUNCIL MEETING Date: Department: Public Works Presenter: Tom Knuckey Phone: (360)473-2376 SUMMARY: Restorical Research is a firm that researches, locates and consults on historical insurance policies that address environmental contamination. Mayor Lent wishes to contract with Restorical Research, on a contingency fee basis (10% of all money recovered), to pursue recovery for the Chevron site but also for any other contaminated sites the City may identify. The Agreement does not obligate the City to make claims or suits, or to use a particular amount of staff time to assist Restorical Research in locating sites and documents. Public Works will facilitate the Agreement. ATTACHMENTS: 1 — Professional Services Contingency Fee Agreement 2 — Exhibit A to Agreement, Scope of Work FISCAL IMPACTS (Include Budgeted Amount): Up to $200 per site to reimburse Restorical Research for scanning and shipping fees, with pre -approval of City. STUDY SESSION AGENDA: ❑x No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the Professional Services Contingency Fee Agreement with Restorical Research, LLC for environmental cost recovery services; 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 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Professional Services Contingency Fee Agreement with Restorical Research, LLC for Environmental Cost Recovery Study Session Date: August 9, 2017 COUNCIL MEETING Date: Auaust 16. 2017 Department: Public Works Presenter: Tom Knuckey Phone: (360) 473-2376 SUMMARY: Restorical Research is a firm that researches, locates and consults on historical insurance policies that address environmental contamination. Mayor Lent wishes to contract with Restorical Research, on a contingency fee basis (10% of all money recovered), to pursue recovery for the Chevron site but also for any other contaminated sites the City may identify. The Agreement does not obligate the City to make claims or suits, or to use a particular amount of staff time to assist Restorical Research in locating sites and documents. Public Works will facilitate the Agreement. ATTACHMENTS: 1 — Professional Services Contingency Fee Agreement 2 — Exhibit A to Agreement, Scope of Work FISCAL IMPACTS (Include Budgeted Amount): Up to $200 per site to reimburse Restorical Research for scanning and shipping fees, with pre -approval of City. STUDY SESSION AGENDA: 0 No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the Professional Services Contingency Fee Agreement with Restorical Research, LLC for environmental cost recovery services; 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 PROFESSIONAL SERVICES CONTINGENCY FEE AGREEMENT For Environmental Cost Recovery The City of Bremerton ("City") and Restorical Research, LLC ("Consultant"), referred to collectively as the "Parties," enter into the following Agreement for professional services: I. Scope: The Consultant agrees to perform the services more specifically described in the Scope of Work, attached hereto as Exhibit A and incorporated herein. The Scope of Work may be modified only pursuant to Section VIII.H of this Agreement. If the Scope of Work provides for unspecified additional services such services shall only be performed upon the express written request of the City. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time such services are performed. Nothing in this Agreement shall be construed to require the City to make a demand or claim or bring suit against a third party or insurance carrier based on Consultant's work or recommendation. The City has sole discretion to determine whether to pursue a claim against a private party, an insurer, or any other entity. The City also has sole discretion to determine how much staff time it will utilize if Consultant requests City assistance for any part of Consultant's services. IL Term: This Agreement will be in effect for five (5) years from the date it is executed. Additional time may be agreed upon by the Parties in writing. III. Compensation: This is a contingency fee agreement. In consideration of the services provided pursuant to this Agreement, the City shall pay Consultant in an amount not to exceed ten (10) percent of Recovery. The term "Recovery" as used herein means all monetary payments, flowing to the City directly or indirectly, from any potentially responsible party discovered or identified by Consultant during the Term, or from any one or more of the insurers of the City or of any potentially responsible party, if the insurer is discovered or identified by Consultant during the Term, whether by collection, settlement, judgement or litigation, before consideration of any income tax matters. Recovery includes but is not limited to payments for investigation and remediation work, and sums attributable to interest, punitive damages or attorneys' fees. Recovery does not include payments received by the City from parties or insurance policies identified by the City independently of Consultant's consultation, research or investigation. When the City receives Recovery payment, City shall notify Consultant, and Consultant shall present City with an invoice which shall conform to the terms of this Agreement, including Scope of Work and Compensation. City shall pay the invoice promptly. Bremerton/Restorical Research Environmental Cost Recovery Rev 02-16 Page 1 of 7 Consultant shall not perform work beyond the Scope of Work, nor shall be compensated for such work, unless the Scope of Work or amount of compensation is modified pursuant to this Agreement. Consultant shall only be compensated for additional services if requested pursuant to Section I and, if not otherwise provided, such compensation shall be in accordance with this section. If an invoice does not conform to this Agreement, the City may withhold payment until the statement is brought into compliance. Such withholding does not relieve Consultant of its obligations under this Agreement. IV. Relationship of Parties: Consultant represents that it is skilled in the matters addressed in the Scope of Work and is performing independent functions and responsibilities within its field of expertise. Consultant and its personnel are independent contractors and not employees of the City. Consultant and its personnel have no authority to bind the City or to control the City's employees and other contractors. None of the benefits provided by the City to its employees, including, but not limited to, compensation, insurance, and unemployment insurance are available from the City to the employees, agents, representatives, or sub -contractors of the Consultant. Consultant will be solely and entirely responsible for its acts and for the acts of Consultant's agents, employees, representatives and sub -contractors during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent contractors to perform the same or similar work. As an independent contractor, Consultant is responsible for its own management. The City's administration and enforcement of this Agreement shall not be deemed an exercise of managerial control over Consultant or its personnel. As an independent contractor, Consultant is responsible for payment of all taxes and licensing fees necessary to perform its obligations under this Agreement. These taxes and fees include but are not limited to State industrial insurance, Business & Occupation, State professional licensing, and City business licensing. If any taxes or fees due the City have been declared delinquent, the City may withhold the delinquent amount, plus any additional charges arising from the delinquency, from any payments due Consultant. V. Expenses: City agrees to pay for all Consultant's expenses related to scanning and shipping of documents not to exceed $200 per site. City will be made aware of expenses before Consultant incurs any costs. VI. Indemnification: A. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the performance of this Agreement except for that portion of the injuries and damages caused by the City's sole negligence, unless Consultant is conducting work pursuant to Subsection B below. Bremerton/Restorical Research Environmental Cost Recovery Rev 02-16 Page 2 of 7 The City's review or acceptance of any of the work when completed shall not be grounds to avoid any of these covenants of indemnification. B. Architects, Engineers and Any Other Professional Listed In and Performing Services Defined in RCW 4.24.115. Should a court of competent jurisdiction determine that Consultant's services provided pursuant to this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. VII. Insurance: The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees, sub -consultants or sub -contractors. Before beginning work on the project described in this Agreement, the Consultant shall provide a Certificate of Insurance evidencing: 1. Automobile Liabilitv insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 2. Commercial General Liability insurance written on an occurrence basis with limits no less than $2,000,000 combined single limit per occurrence and general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; explosion, collapse and underground (XCU) if applicable; and 3. Professional Liabilitv insurance with limits no less than $1,000,000 limit per occurrence/claim; and 4. Workers Compensation insurance if statutorily required by the Industrial Insurance Act of the State of Washington, Title 51, Revised Code of Washington and employer's liability with limits not less than $1,000,000. Any payment of deductible or self-insured retention shall be the sole responsibility of the Consultant. All required policies shall be provided on an "occurrence" basis except professional liability insurance (if required), which may be provided on a "claims -made" basis. Bremerton/Restorical Research Environmental Cost Recovery Rev 02-16 Page 3 of 7 The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Consultant and a copy of an endorsement that is acceptable to the City, which names the City as an additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all the required insurance policies and endorsements. The City further reserves the right to reject any unacceptable policies and/or endorsements. The Consultant's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. The Consultant's insurance shall be primary and non-contributory insurance as respects the City and shall contain a waiver of subrogation against the City for claims arising out of any operations, liabilities and obligations to which coverage applies. It shall be an affirmative obligation upon Consultant 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 t Street, Suite 600, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy set out herein, and failure to do so shall be construed to be a breach of this Agreement. The City also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage. VIII. General Conditions: A. Reports and Information: When requested by the City, Consultant shall furnish periodic reports and documents on matters covered by this Agreement. The reports and documents shall be furnished in the time and form requested. 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 City. All written information submitted by the City to the Consultant in connection with the services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at least the same extent as the Consultant safeguards like information relating to its own business. If such information is publicly available or is already in Consultant's possession or known to it, or is rightfully obtained by the Consultant from third parties, Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise. All data, documents and files created by Consultant under this Agreement may be stored at Consultant's office in Mercer Island, Washington. Consultant shall make such data, documents, and files available to the City upon its request at all reasonable times for the purpose of editing, modifying and updating as necessary until such time as the City is capable of storing such information in the City's offices. Duplicate copies of this information shall be provided to the City electronically upon its request at no charge. Bremerton/Restorical Research Environmental Cost Recovery Rev 02-16 Page 4 of 7 All documents, including all reports or other items prepared or furnished by Consultant pursuant to this Agreement, are instruments of service with respect to the project and are the property of the City. Any reuse by the City for other than the specific purpose intended will be at City's sole risk. C. Use of Photogriraphs and Images Consultant shall not use or distribute photographs or images depicting City officials, personnel, property, or equipment whether prepared by Consultant or provided by City without prior written consent of the City. The City will not unreasonably withhold its consent. D. Work Performed at Consultant's Risk: Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and sub -consultants in the performance of the work hereunder and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. E. Place of Work: The Consultant shall perform the work authorized under this Agreement at its offices in Mercer Island, Washington and the State of Indiana. Meetings with City staff shall take place at the City's offices, or at locations mutually agreed upon by the Parties. F. Entire Agreement: This Agreement and its Exhibit 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. G. Severability: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. H. Modification: This Agreement may only be modified by written instrument signed by both Parties. I. Written Notices: All communications regarding this Agreement shall be sent to the parties at the addresses listed below by registered or first class mail, or by personal service, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. City Address Consultant Address City Engineer Benjamin S. Pariser City of Bremerton Restorical Research 3027 Olympus Dr. 7525 SE 24th Street, Suite 315 Bremerton, WA 98310 Mercer Island, WA 98040 J. 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. Bremerton/Restorical Research Environmental Cost Recovery Rev 02-16 Page 5 of 7 K. Non -Waiver of Breach: The failure of the City to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein conferred in one or more instances shall not be construed to be a waiver or relinquishment of said covenants, agreements or options, and the same shall be and remain in full force and effect. L. Compliance with Laws: Consultant shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. M. 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. N. 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. O. Assignment: Any assignment of this Agreement by the Contractor without the written consent of the City shall be void. IX. Nondiscrimination: Consultant shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status, disability, or sexual orientation except for employment actions based on bona fide occupational qualification. X. Termination: This Agreement shall remain in force until completion and acceptance of the services, termination by written instrument upon mutual consent, or termination by either Party for cause or convenience with sixty (60) days written notice. Any notice of termination by Consultant shall include a report showing the status of all items listed in the Scope of Work current through the termination date. In the event of termination, the City shall pay Consultant all Recovery and Expenses that accumulate to the effective date of termination, as described on a final invoice submitted to the City. Any demand, claim, legal action or collection action by the City upon which the City receives a Recovery, resulting from the work of Consultant under this Agreement, will require City to compensate Consultant per Section III of this Agreement for up to five (5) years past the Agreement termination date. EXAMPLE: If an insurance carrier or third party is paying fees to characterize/remediate a site as a result of the cost recovery process after this Agreement terminates or expires, Consultant would continue to receive payment per Section III of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project which may be used by the City without restriction. Any such use not related to the project which Consultant was contracted to perform shall be without liability or legal exposure to the Consultant. XI. Suspension & Debarment: For contracts involving Federal funding, Consultant hereby certifies, by signing this Agreement, that neither it nor its principals are presently debarred, Bremerton/Restorical Research Environmental Cost Recovery Rev 02-16 Page 6 of 7 suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Consultant shall provide immediate written notice to the City if at any time it learns that it is or has become ineligible for certification. Should Consultant enter into a covered transaction with another firm, Consultant agrees by signing this Agreement that it will verify that the firm with whom it intends to do business is not debarred, suspended, ineligible, excluded or disqualified. CITY OF BREMERTON By:— its:— Date: y:_its:_Date: Approved as to form: Bremerton City Attorney R:\Legal\Legal\Contracts\LEGAL\Restorical Research PSA 8.3.2017.docx Bremerton/Restorical Research Environmental Cost Recovery Page 7 of 7 CONSULTANT By:_ its:_ Date: Attest: City Clerk Rev 02-16 EXHIBIT A SCOPE OF SERVICES The scope of services to be provided by Restorical Research, LLC under this Agreement will be referred to as the "Cost Recovery Assistance," and will encompass consulting services to assist the City in preparing and undertaking an insurance recovery action against insurers who owe the City duties of defense and indemnification for the costs of environmental investigation and remediation pursuant to insurance policies, and/or a cost recovery/contribution action against third parties who have caused, contributed to, or exacerbated the contamination, and are liable to the City for some or all of the costs of environmental investigation and remediation. These actions collectively, or alone, are deemed the "Cost Recovery Action." Cost Recovery Assistance shall consist of: Performing such historical investigation of property records, transactional records, aerial photographs, sanborn maps, and other similar historical documents to identify potentially responsible persons; and b. Assist in managing the flow of information between the City, attorneys, and consultants. The City authorizes Restorical to receive copies of all invoices. The City understands that Restorical has a unique perspective that may be beneficial to the Cost Recovery Process. The City, at its sole discretion, may choose to include Restorical in all correspondence between the City, attorneys and consultants; and Performing such historical investigation of insurance records and related documents to identify insurance carriers and policies that may provide coverage for the environmental damage that is the subject of demands by the State, other government agencies, or third parties; and d. Preparing and submitting to the City one or more written summaries of all relevant information discovered while performing Cost Recovery Assistance. The written summary of information pertaining to an insurance policy shall include the name of the insurance carrier, the years of coverage, the policy number, if available, and legible copies of the policy or secondary evidence of coverage. Each written summary described in this paragraph l.d is referred to as "Cost Recovery Documentation." The Cost Recovery Documentation may be in the form of a letter, memorandum, and/or email. Cost Recovery Assistance does not include: Environmental investigation needed to fully delineate the nature and extent of contamination; Exhibit A - 1 b. Environmental remediation needed to address such contamination; Expert witness services in any cost recovery, contribution, or insurance coverage litigation that the City may hire counsel to initiate; and d. Legal Services. The City understands that Restorical does not perform legal services or provide legal advice. Exhibit A - 2 INFORMATION ONLY ITEM C 1 CITY OF BREMERTON CITY COUNCIL SUBJECT: Council Goal No. 8 "Increasing Study Session Date: August 9, 2017 Regional Influence" (Invitation from Kitsap Regional Coordinating Council (KRCC) to Presenter: Council President Rejoin Eric Younger Phone: (360) 473-5280 SUMMARY: Council President Eric Younger will lead a discussion with the Council Members to consider an invitation from the Kitsap Regional Coordinating Council to submit an application for membership. HANDOUTS: 1) Letter from Kitsap Regional Coordinating Council; 2) KRCC Interlocal Agreement; and 3) KRCC Bylaws STUDY SESSION AGENDA Form Created 5/4/15 ❑ No Presentation x❑ Full Presentation IE • Chair Councimernbeir Wayne Rath 0 City of saint> xW Wand vkv-cw cammissi m Charbile Garrido KApp C-* CNY of oairbdd r hand Mayor Val Tokbon Cound Member Kol Medna' City of Fait Orchard Mayor Rob Pulaarmu Coundmerdw Bak Ashby Cawed Mernber Clancy Dor4n' Chy of Poulsbo Mayor Becky Erickson 4 council Member Ed Slem Council MerNm Gary WsMP Kitsap Cntrrrty Commissioner Rob Gelder Commissions Ed Wolfe Kitsap Trans# Execa&e Director John Clauson Nayal Ba" ir*V " Captain Alan Schrader Lynn WaIr part Gwg& SUN= Tribe'" Cound Chat Jaromy Whran NooXayet CEO Chris Placenta' Part of 8aewuton Comrn#ssk er Axel Stakeon 4 Commissioner Larry Shakes' squamish True"" Council Char Leonard Fofsman Fdwries Director Rob Purser' ' Atdemabe "& OfrSdo Member — Assorcrate Member ,0 Ezemb" Corrmimee Mailing Address: 614 WSW Street - MS4 Port Orchard, WA 98M 360.337.4960 www Kitsap F�enicna4CoZQLQrn Betsy Daniels. Program Director Tnangle Associates, Inc. Kitsap Regional Coordinating Council July 11, 2017 Dear Council President Eric Younger, The Board of Kitsap Regional Coordinating Council (KRCC) invites you to submit an application for membership during the application period between July 1- August 31, 2017. Your membership would run from January 1- December 31, 2018. Each year jurisdictions are asked to recommit to the organization. Bremerton is an integral part of the Kitsap region. Membership in KRCC would be mutually beneficial and serve to strengthen a collaborative approach that will benefit our region. We encourage you to consider rejoining KRCC beginning in January 2018. sin r y Wayne Roth Chairman of KRCC, 2017 Enclosed: Application for Membership CC: City of Bremerton Leslie Daugs Dino Davis Richard Huddy Jerry McDonald Pat Sullivan Greg Wheeler Eric Younger .`11ES• Kitsap Regional Coordinating Council ti W KITSAP REGIONAL COORDINATING COUNCIL 000 5� INTERLOCAL AGREEMENT THIS AGREEMENT is made and entered into by and between the undersigned parties pursuant to provisions of the Interlocal Cooperation Act of 1967, Chapter 39.34 RCW. WHEREAS, the undersigned members recognize the need and desirability to participate in a forum for intergovernmental coordination, cooperation, and consultation among member agencies in order to bring about a continuous and comprehensive regional planning process and efficient service delivery; and WHEREAS, the undersigned members desire jointly to undertake continuous, cooperative study and planning of regional and governmental issues of mutual interest, including but not limited to development, land use, housing, capital facilities, service, utilities, finances, public buildings, water supply, water distribution and drainage, air and water pollution, parks and recreation, transportation planning, and economic development; and WHEREAS, it is the belief of the undersigned members that regional deliberations, planning, and review can best be achieved with the creation of a separate legal entity whose function and activities are subject to policy direction from the undersigned member agencies according to the provisions of this Agreement; and WHEREAS, the State Growth Management Act (GMA) requires local jurisdictions to coordinate and ensure consistency when developing comprehensive land use plans and the undersigned members desire to establish the Kitsap Regional Coordinating Council as a separate legal entity to facilitate coordination and consistency of comprehensive land use plans as required by the GMA; and WHEREAS, the undersigned members desire to use the Kitsap Regional Coordinating Council for developing County -wide Planning Policies (CPPB) under the GMA as a framework to guide Kitsap County and cities situated within the County in developing their comprehensive land use plans. agreed: THEREFORE, in consideration of mutual promises and covenants herein it is hereby L NAME This Agreement establishes the KITSAP REGIONAL COORDINATING COUNCIL ("Council"), a separate legal entity since 2001. II. DURATION The Agreement shall remain in force and effect perpetually or until terminated by majority vote of the member agencies. 2012 Amendments III. DEFINITIONS For the purpose of this Interlocal Agreement, the following terms have the meaning prescribed to them in this section unless the context of their use dictates otherwise: A. "Member agency" means a voting and dues paying municipal or other government entity located within Kitsap County which is a party to this Agreement. B. "State" means the State of Washington. C. "Region" means the territory physically lying within the boundaries of Kitsap County. D. "Kitsap Regional Coordinating Council' or "Council' means the separate legal entity established by this Agreement to represent member agencies to carry out those powers and managerial and administrative responsibilities delegated pursuant to the provisions of this Agreement. E. "Majority vote" means more than one-half of the votes cast when a quorum is present and must include a majority of votes from County commissioners and a majority of votes from the representatives of at least two separate cities. F. "Executive Board' shall mean the representatives of member agencies of the Kitsap Regional Coordinating Council identified in Article W.B. of this Agreement. G. "Cost Allocation" means annual dues (the annual allocation among Member agencies of the cost of Council operations determined by the Executive Board for the purposes of calculating members' obligations to contribute to the funding of Council operations for the year, and for the purposes of calculating obligations and distributions in the event of withdrawal or termination). H. "Ex Officio Member" means a non-voting, non -dues paying member of the Council. I. "Two-thirds majority vote" means a majority vote and also requires a majority of votes from County commissioners and a majority of votes from the representatives from at least two separate cities. J. "Associate Member" means a member of the Council which is not a party to this Agreement and who enters into a separate agreement with the Council that establishes the Associate Member's level of participation in Council activities. 2 2012 Amendments IV. MEMBERSHIP AND REPRESENTATION A. Membership. Membership (except for Associate Members and Ex Officio Members) is established by execution of this Agreement and payment of any required cost allocation as established by the Executive Board. B. Executive Board. The Executive Board is comprised of the following representatives of member agencies: County Government: three (3) members of the Kitsap County Board of Commissioners; 2. City Governments: The Mayor of each city having a population of 10,000 persons or less; b. The Mayor and one (1) member of the City Council of each city having a population between 10,001 persons and 30,000 persons; The Mayor and two (2) members of the City Council of each city having a population greater than 30,000 persons; d. A city with a Council/Manager form of government may select one (1) member of the City Council instead of a Mayor. The number of additional City Council members representing the city shall be as described in 2(a -c) above. 3. Port of Bremerton: one (1) representative consisting of a Port Commissioner. 4. City Council, and Port of Bremerton representatives may be selected by whatever means established by each specific member agency for a two (2) year term. C. The determination of the population of cities will be the most recent annual population estimate of cities and towns prepared by the Washington State Office of Financial Management. D. A municipal or government entity or a federally recognized Indian Tribe that desires to become a member of the Council must obtain permission to do so by majority vote of the Executive Board. The required permission applies to any entity that wishes to become a Member or Ex Officio Member. A municipal or government entity or a federally recognized Indian tribe that wishes to become an Associate Member must obtain permission to do so by a majority vote of the Executive Board, and must present a draft agreement for the Executive Board's consideration, establishing the proposed terms, duties, powers and privileges for Associate Member status. 2012 Amendments V. POWER, AUTHORITY, AND PURPOSE This Agreement does not confer additional substantive powers or authorities on member agencies. The powers and authorities conferred herein are limited to the powers that each member agency is authorized by law to perform. The Council has the following power, authority, and purpose: A. Provide a regional forum for regional deliberations and cooperative decision- making by the region's elected officials in order to bring about a continuous and comprehensive planning process, and foster cooperation and mediate differences among governments throughout the region. B. Consistent with the GMA, coordinate and ensure consistency when developing comprehensive land use plans. C. Consistent with the GMA, develop CPPB to be used as a framework to guide the County and the Cities in developing their comprehensive land use plans; D. Coordinate actions to provide for the distribution of state and federal grant funds, including but not limited to federal transportation funding, community development block grants, and low income housing grants. E. Undertake continuous, cooperative study and planning of regional and governmental problems of mutual interest, including but not limited to development, land use, housing, capital facilities, services, utilities, finances, public buildings, water supply, water distribution and drainage, air and water pollution, parks and recreation and transportation planning. F. Coordinate actions to provide for a sustainable economy and environment for the region. G. Carry out such other planning and coordinating activities authorized by majority vote of the Council including participation in other forums and organizations. H. Establish Bylaws, to be amended from time to time, that govern the procedures of the Council. The Bylaws, as may be amended, are incorporated into this Agreement by this reference as if fully set forth herein. L Contract for administrative services and enter into other agreements as deemed appropriate and/or necessary to implement this Agreement. J. Purchase, receive, lease, take by gift, or otherwise acquire, own, hold, improve, use and otherwise deal in and with real or personal property, or any interest therein, in the name of the Council. 4 2012 Amendments K. Sell, convey, mortgage, pledge, lease, exchange, transfer, and otherwise dispose of its property and assets. L. Sue and be sued, complain and defend, in all courts of competent jurisdiction in the Council's name. M. To engage in any other activity necessary to further the Council goals and purposes to the extent authorized by chapter 39.34 RCW. N. Apply for such federal, state, or private funding of any nature as may become available to assist the organization in carrying out its purposes and functions. O. Identify and examine issues such as governance, growth policies, development standards, service provision, revenue -cost sharing and municipal annexations in urban growth areas. P. Strive to represent the consensus of views on growth management and planning issues among member agencies. The Council makes recommendations on behalf of those jurisdictions to multi -county regional agencies and State government on behalf of member agencies, on proposed changes to multi -county regional plans, state plans and laws. Q. Represent the views or position of member agencies within the County on issues of consistency or the resolution of conflicts related to the multi -county regional growth strategy and transportation plan. R. Make appointments to committees and boards of multi -county regional organizations (e.g. Puget Sound Regional Council, Peninsula Regional Transportation Planning Organization) where appointments are requested to represent more than one member agency of the Council. Members appointed to such committees and boards shall represent the consensus of the views of the Council. If consensus is not reached on a particular issue, the members appointed to such committees and boards shall represent the majority and minority views of the Council, in order to accurately portray the status of discussions on that issue. S. Review this Interlocal Agreement no fewer than every 10 years with the assistance of legal counsel. VI. FINANCING A. Cost Allocation. All members shall pay the annual cost allocation as described in the Bylaws. If payment by a member is not paid timely after notice of the cost allocation is received, the member is subject to having its membership status revoked by majority vote of the Executive Board. B. Local Government Accounting. All services and transfers of property to the Kitsap Regional Coordinating Council shall be paid and accounted for in accordance with RCW 43.09.210. 2012 Amendments VII. FISCAL YEAR AND BUDGET A. The Fiscal Year. The fiscal year shall coincide with the calendar year. B. Adoption of Budget. By September of each year the Executive Board shall adopt a draft annual work program, budget, and cost allocation for the ensuing fiscal year that identifies anticipated activities, goals, revenues, and expenditures for completing the work program. The final work program, budget, and cost allocation for the ensuing year shall be adopted by the Executive Board no later than November of each year. No increase or decrease to the final budget shall occur without the approval of the Executive Board. C. Notice of Budget. On or before September 30, the Executive Board shall provide written notice of the ensuing year's draft budget, work plan, and cost allocation to the designated representative(s) of each member agency. On or before November 30, the Executive Board shall provide written notice of the final budget, work plan, and cost allocation adopted for the ensuing fiscal year to the designated representative(s) of each member agency. D. Accounting Budgeting, and Reporting. The Council shall Reporting. The Council shall be subject to the Budgeting Accounting & Reporting System (BARS) applicable to Category 1 local governments. E. Fiscal Agent. The Council may retain a fiscal agent. The fiscal agent may be a member agency who shall serve, and be subject to removal, pursuant to the terms and conditions as established by agreement between the fiscal agent and the Council. F. Contracting. All contracts made by or on behalf of the Council shall be in accordance with state law, including, but not limited to: Chapter 39.04 RCW, and Chapter 42.23 RCW, and Chapter 42.24 RCW. VIII. WITHDRAWAL FROM AGREEMENT Any member agency has the right to withdraw from this Interlocal Agreement by giving the Executive Board six (6) months prior written notice. Unless otherwise provided by future agreement, any member agency that withdraws shall remain responsible for its financial and other obligations with regard to Council activities until the effective date of withdrawal and with regard to agreements to which the Council is a party and which exist at the time of such notice of withdrawal. Withdrawal by one member agency to this Interlocal Agreement shall not terminate the Agreement as to any other remaining member agencies. Except as provided in Article IX of this Agreement, any member agency that withdraws from this Agreement forfeits any rights it may have to the Council's assets; provided, however, such forfeiture shall not take effect if the Council dissolves within one (1) year of the date of the withdrawal notice. IX. DISPOSAL OF ASSETS Upon dissolution of the Council, any Council assets, after payment of all liabilities, costs, expenses, and charges validly incurred under this Agreement, shall be distributed to member agencies which are members of the Council on the date of dissolution. Distribution of assets shall be in proportion to the funding formula for cost allocation as described in the Bylaws, in accordance with Article VI.B. of the Agreement, and existing at the time of dissolution. The 6 2012 Amendments debts, liabilities, and obligations of the Council shall not constitute a debt, liability, or obligation of any member agency. If assets cannot reasonably be distributed in proportion to the funding formula, the Council shall declare the assets to be surplus, and shall offer the assets for sale according to the requirements of chapter 43.19 RCW, and shall distribute the proceeds from the sale in proportion to the funding formula established by the Executive Board in accordance with Article VI.B. of this Agreement. X. LIABILITY AND INSURANCE A. Any loss or liability to third parties resulting from negligent acts, errors, or omissions of the Council, Member agencies (excluding Associate Members), Ex Officio Members, and/or employees while acting within the scope of their authority under this Agreement shall be borne by the Council exclusively, and the Council shall defend such parties, at its cost, upon request by the member agency, ex officio agency, and/or employee. B. The Executive Board shall obtain commercial general liability, and auto liability insurance coverage for the Council, Executive Board, and any staff employed by the Council, at levels no less than $1 million single occurrence and $2 million aggregate for each type of liability that is insured. The policy shall name each member agency, and their respective elected officials, officers, agents, and employees as additional insured's. The Executive Board shall annually evaluate the adequacy of the Council's insurance coverage. C. The Executive Board shall require that all contractors and subcontractors utilized by the Council obtain insurance coverage consistent with Article X.B. XI. LEGAL REPRESENTATION The Council may retain legal counsel. Legal counsel may be an employee of a member agency, an outside entity, or an individual. In the event of a conflict of interest, the Council may retain substitute or additional legal counsel. Additionally, Council may retain outside legal counsel concerning any matter the Council deems appropriate. Retained counsel shall serve, and be subject to removal, pursuant to the terms and conditions established by agreement between legal counsel and the Council. An adjustment in cost allocation to Members will be made if the Council retains outside legal counsel. XII. ENTIRE AGREEMENT This Agreement supersedes all previous Kitsap Regional Coordinating Council interlocal agreements and all prior discussions, representations, contracts, and/or agreements between the parties relating to the subject matter of this Agreement and constitutes the entire contract between the parties. XIII. MODIFICATION Except as provided by Article XIX, the terms of this Agreement shall not be altered or modified unless agreed to in writing by all member agencies and such writing shall be executed with the same formalities as are required for the execution of this document. 7 2012 Amendments XIV. WAIVER The failure of any party to insist upon strict performance of any of the terms and conditions of this Agreement shall not be construed to be a waiver or relinquishment of same, but the same shall be and remain in full force and effect. XV. NOTICE Except as provided in Article XVIII of this Agreement, any notice required by this Agreement shall be made in writing to the representative(s) identified in Article W.B. of this Agreement. Notice is effective on the third day following deposit with the U.S. Postal Service, regular mail. XVI. SEVERABILITY If any of the provisions of this Agreement are held illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect. XVII. CHOICE OF LAW AND VENUE This Agreement shall be governed by the laws of the State of Washington, both as to its interpretation and performance. Any action at law, suit in equity, or other judicial proceeding arising in connection with this Agreement may be instituted and maintained only in a court of competent jurisdiction in Kitsap County, Washington. XVIII. CLAIMS A. Any claim for damages made under chapter 4.96 RCW shall be filed with the Chair of the Kitsap Regional Coordinating Council, c/o the Clerk of the Kitsap County Board of Commissioners, 614 Division Street, MS -4, Port Orchard, Washington, 98366. B. Upon receipt of a claim for damages, or any other claim, a copy of the claim will be provided by the Clerk of the Board to each member of the Executive Board. XIX. EXECUTION AND FILING A. Counterparts. The parties agree that there shall be multiple original signature pages of this Agreement distributed for signature by the necessary officials of the parties. Upon execution, the executed original signature pages of this Agreement shall be returned to the Clerk of the Kitsap County Board of Commissioners, who shall file an executed original of this Agreement with the Kitsap County Auditor. The Clerk of the Board shall distribute duplicate conformed copies of the Agreement to each of the parties. Parties that sign on as Members at a later date will provide original signature pages of this Agreement to the Clerk of the Kitsap County Board of Commissioners, who shall file the signature pages provided with the Kitsap County Auditor. The Clerk of the Board shall distribute duplicate conformed copies of the 8 2012 Amendments signature pages filed later, to each of the parties. Addition of parties at a later date will not constitute a modification under Section XIII of this Agreement. B. Later Approval and Filing. Later approval and filing of this Agreement by additional parties as set forth in Article IV, Section D, shall be deemed an authorized amendment to the Agreement already on file with the Kitsap County Auditor, without the need for reconsideration and approval by parties that have already approved and executed the Agreement. XX. EFFECTIVE DATE This Agreement shall go into effect among and between the parties upon its execution by all of the parties, as evidenced by the signatures and dates affixed below and upon its filing with the County Auditor as provided in Article XIX. IN WITNESS WHEREOF, this Agreement has been executed by each party on the date set forth below: Executed this day of , 2012. CITY OF BAINBRIDGE ISLAND Doug Schulze, City Manager Executed this day of )2012. CITY OF BREMERTON Patty Lent, Mayor Executed this day of )2012. CITY OF PORT ORCHARD Tim Matthes, Mayor Executed this day of )2012. CITY OF POULSBO Becky Erickson, Mayor 9 2012 Amendments Executed this day of )2012. PORT OF BREMERTON Larry Stokes, President Executed this day of )2012. KITSAP COUNTY BOARD OF COMMISSIONERS JOSH BROWN, Chair CHARLOTTE GARRIDO, Commissioner ATTEST: Dana Daniels, Clerk of the Board ROBERT GELDER, Commissioner APPROVED AS TO FORM: Bremerton City Attorney Port Orchard City Attorney Poulsbo City Attorney Port of Bremerton Attorney Deputy Prosecuting Attorney for Kitsap County 10 2012 Amendments KITSAP REGIONAL COORDINATING COUNCIL BYLAWS (AMENDED) Section 1. PURPOSE: To establish the operating structure and procedures necessary to effect the intent of the Kitsap Regional Coordinating Council Interlocal Agreement. Section 2. NAME OF ORGANIZATION: The organization is a legal entity known as the Kitsap Regional Coordinating Council herein referred to as the "Council." Section 3. ESTABLISHMENT: The Council is established by an interlocal agreement, as amended from time to time, known as the Kitsap Regional Coordinating Council Interlocal Agreement. Section 4. DEFINITIONS: The following terms have the meaning prescribed to them in this section unless the context of their use dictates otherwise, and are the same terms and meanings set forth in the Kitsap Regional Coordinating Council Interlocal Agreement: 4.1 "Member agency" means a voting and dues paying municipal or other government entity located within Kitsap County, which is a parry to this Agreement. 4.2 "State" means the State of Washington. 4.3 "Region" means the territory physically lying within the boundaries of Kitsap County. 4.4 "Kitsap Regional Coordinating Council" or "Council" means the separate legal entity established by this Agreement to represent member agencies to carry out those powers and managerial and administrative responsibilities delegated pursuant to the provisions of this Agreement. 4.5 "Majority vote" means more than one-half of the votes cast when a quorum is present and must also include a majority of votes from County commissioners and a majority of votes from the representatives of at least two separate cities. 4.6 "Executive Board' shall mean the representatives of member agencies of the Kitsap Regional Coordinating Council identified in Article IV.B. of the Inter -Local Agreement (incorporated below and amended to clarify as to Council/Manager form of government, March 2, 2010). The Executive Board is comprised of the following representatives of member agencies: 1. County Government: three (3) members of the Kitsap County Board of Commissioners; 2. City Governments: a. The Mayor of each city having a population of 10,000 persons or less; b. The Mayor and one (1) member of the City Council of each city having a population between 10,001 persons and 30,000 persons; By -Laws of the Kitsap Regional Coordinating Council Page 1 Adopted December 20, 2007 (Section 4.6 revised Nov. 1, 2016) C. The Mayor and two (2) members of the City Council of each city having a population greater than 30,000 persons; 3. A city with a Council/Manager form of government may select one (1) member of the City Council instead of a Mayor. The number of additional City Council members representing the city shall be as described in 2a -c above. 4. Port of Bremerton: one (1) representative consisting of a Port Commissioner. 5. Kitsap Transit: one (1) representative consisting of a member selected by the Kitsap Transit Board of Commissioners. 6. City Council, Port of Bremerton, and Kitsap Transit representatives may be selected by whatever means established by each specific member agency for a two (2) year term. 4.7 "Cost Allocation" means annual dues (the annual allocation among Member agencies of the cost of Council operations determined by the Executive Board for the purposes of calculating members' obligations to contribute to the funding of Council operations for the year, and for the purposes of calculating obligations and distributions in the event of withdrawal or termination). 4.8 "Ex Officio Member" means a non-voting, non -dues paying member of the Council. 4.9 "Two-thirds majority vote" means a majority vote and also requires a majority of votes from County commissioners and a majority of votes from the representatives from at least two separate cities. 4.10 "Associate Member" means a member of the Council which is not a party to this Agreement and who enters into a separate agreement with the Council that establishes the Associate Member's level of participation in Council activities. 4.11 "Executive Director" is the person appointed by the Executive Board to accomplish the work plan adopted by the Executive Board. Section 5. DISPUTE RESOLUTION PROCEDURES: The Council acts to facilitate consistency among local plans and between local plans and the County -wide Planning Policies consistent with the Growth Management Act. In cases where the Council finds apparent inconsistency between a local comprehensive plan and the County -wide Planning Policies, it will notify the jurisdiction of the inconsistency and initiate a process of review to try to achieve consistency. If, after completion of this process, the inconsistency remains, the Council will, where appropriate, recommend specific changes to the jurisdiction to achieve consistency. In the event of conflict among member agencies regarding amendments to County -wide planning policies, which is not resolved after reasonable efforts, the conflict shall be brought to the attention of the Council in writing by one or more of the member agencies involved in the conflict. The written notice must inform the Council of the nature of the conflict, and the agency providing notice must justify its position for contesting the County -wide planning policies. The Council will use the notice to initiate a process for review, and recommend a resolution to the conflict. By -Laws of the Kitsap Regional Coordinating Council Page 2 Adopted December 20, 2007 (Section 4.6 revised Nov. 1, 2016) Section 6. PUBLIC PARTICIPATION: The Council provides for effective means of public participation in its deliberations. Section 7. ALTERNATE AND EX OFFICIO REPRESENTATION: 7.1. Alternate representatives to the Council may be designated by each member agency and by ex officio members. Alternate representatives for member agencies shall consist only of elected official(s). Only in the absence of a representative shall a designated alternate be entitled to voting privileges. Each designated alternate is entitled to the same voting privileges as the representative. 7.2. The Council can consider Ex Officio membership status for other government entities, at their discretion. This category of membership is designed to increase policy -level communication and collaboration among other public agencies within Kitsap County. 7.2.1 Ex Officio members do not vote. 7.2.2 Ex Officio members shall not pay membership dues. 7.2.3 Ex Officio members' representative may be selected by whatever means established by each specific member agency for a two (2) year term. Ex Officio members' representatives may have a designated alternate. 7.2.4 The Council's designation of Ex Officio members shall be by simple majority vote in conformance with Section 9.5 herein. SECTION 8. OFFICERS, ELECTION, TERMS AND DUTIES: 8.1 The officers of the Council are a Chair and a Vice Chair, who are elected by the Council at the last regularly scheduled meeting during each calendar year. The Chair and Vice Chair shall be from different member agencies. Ex Officio Members and Associate Members are not eligible to serve as officers. 8.2 The Chair and Vice Chair serve a one-year term from the first day of January through the last day of December of each year. 8.3 In the event there is a vacancy in the office of the Chair, the Vice Chair succeeds to the office of Chair for the unexpired portion of the term. In the event there is a vacancy in the office of Vice Chair, the Council elects a new Vice Chair at the next regular meeting to serve the unexpired portion of the term. In the event both offices become vacant, the Council elects a new Chair and Vice Chair to serve the unexpired portion of the terms. 8.4 Duties of the Chair: 8.4.1 The Chair is a member of the Executive Board, and presides at the meetings of the Council; 8.4.2 Create, appoint, and discharge Council committees unless otherwise provided in these By-laws; 8.4.3 Serve as Chair of the Executive Committee; By -Laws of the Kitsap Regional Coordinating Council Page 3 Adopted December 20, 2007 (Section 4.6 revised Nov. 1, 2016) 8.4.4. Call for the vote on all motions properly presented and seconded; 8.4.5 Enforce the procedural rules of the Council during meetings 8.4.6 Participate in deliberations of the Council; 8.4.7 Vote in all matters before the Council; 8.4.8 Ensure that the functions of the Council are carried out to the best of his or her abilities; 8.4.9 Make reports as necessary to the Council; and 8.4.10 Execute on behalf of KRCC all contracts, agreements, and other documents and papers duly authorized by the KRCC that may require signature. 8.5 The Vice Chair performs the duties of the Chair in the absence of the Chair and is a member of the Executive Committee. Section 9. MEETINGS, QUORUM, VOTING: 9.1 The Council meets monthly or as necessary to fulfill its purpose and function, to discuss issues of mutual interest, and to take action on items as necessary or appropriate. 9.2 Meetings of the Council and Standing Policy Committees created by the Chair shall conform to the Open Public Meetings Act, Chapter 42.30 RCW. 9.3 On items that are deliberative in nature, the Council strives for consensus. Procedures in the current edition of Robert's Rules of Order -The Modern Edition are adopted by the Council for its regular and special meetings unless they are inconsistent with these By-laws or any special rules of order the Council has adopted. 9.4 A quorum of the Council is a simple majority of representatives of member agencies. Each representative of a member agency who is present at the meeting shall be entitled to cast one vote. Designated alternatives are entitled to vote only in the absence of the representative as set forth in Section 7.1 herein. Telephonic participation is not authorized for regular meetings, but is authorized for special meetings pursuant to section 9.6.5. 9.5 Unless otherwise specified, actions by the Council are affirmed by a simple majority vote. A majority vote is more than one-half (1/2) of those present and voting. A majority vote and a two- thirds majority vote also requires a majority of votes from County commissioners and a majority of votes from the representatives from at least two separate cities. 9.6 Special Meetings may be called, pursuant to Chapter 42.30 RCW, at any time as follows: 9.6.1 The Chair, after a reasonable attempt to contact each of the other members of the Executive Committee and with concurrence of a majority of the Executive Committee, may call a special meeting of the Council. 9.6.2 Written notice must be delivered personally or by mail and by e-mail or fax, at least 24 hours before the time of the special meeting, to each member of the Council and to each local newspaper of general circulation and each local radio or television station By -Laws of the Kitsap Regional Coordinating Council Page 4 Adopted December 20, 2007 (Section 4.6 revised Nov. 1, 2016) that has on file with the Council a written request to be notified of that special meeting or of all special meetings. Written notice is not required when a member, prior to or at the meeting, files written notice of waiver of notice, or the member is telephonically present pursuant to section 9.4, or is physically present at the meeting. 9.6.3 The notice must specify the time and public place of the special meeting, and the business to be transacted. 9.6.4 The Council may take final action only concerning matters identified in the notice of the meeting. 9.6.5 Telephonic participation via speakerphone is allowed for special meetings. Any or all members may participate telephonically. The place selected for the meeting must be equipped with a speakerphone with conference call capability. Members participating telephonically must identify themselves while voting telephonically and as needed during discussion. 9.6.6 A quorum of the Council must participate, and voting majorities as described in Sections 9.4 and 9.5 are required for action. 9.7 The Council may organize, sponsor, and convene general assembly meetings of member agencies, Ex Officio members, and Associate members. 9.8 Staff or elected officials from municipal or government entities within Kitsap County that choose not to be a dues paying member of KRCC and are not voted in as an Ex -Officio or Associate member may not have a regular seat, but may make presentations to standing KRCC committees to ensure access to regional transportation funding and to support consistency with comprehensive plans and Countywide Planning Policies across the Kitsap County jurisdictions. Section 10. COMMITTEES: 10.1 At the first Executive Board meeting of each calendar year, the Chair appoints an Executive Committee. Members of the Executive Committee will include: one County Commissioner, and two representatives of two City governments and includes the Chair and Vice Chair, for a minimum of three members. The Executive Committee's responsibilities include: 10.1.1 Monitoring the annual work program and budget performance and recommending revisions, if necessary; 10. 1.2 General oversight of the executive director, consistent with the Council's contract with the executive director for such services; or, of any employee hired by the Council. The Executive Committee is responsible for reviewing and ensuring that all expenditures submitted for reimbursement by the executive director complies with the executive director's contract; 10. 1.3 Oversight of the Council's records retention requirements; 10.1.4. Recommending amendments to the Interlocal Agreement and By-laws; 10. 1.5 Preparing a recommended annual work program and budget for the succeeding year; and By -Laws of the Kitsap Regional Coordinating Council Page 5 Adopted December 20, 2007 (Section 4.6 revised Nov. 1, 2016) 10. 1.6 Undertaking such studies and activities as assigned by the Chair or Council. 10.2 The Chair may appoint or the Council may request that the Chair appoint other committees as needed to advise or assist the Council in fulfilling its functions. Committee composition should include, as appropriate, representatives of County, City and Tribal governments, the Port of Bremerton, or other members. Section 11. AMENDMENTS: These By-laws may be amended at a meeting of the Council by a two-thirds (2/3) majority vote of those present and voting, provided that a copy of the proposed amendment has been sent to each Council representative at least thirty (30) business days prior to the meeting at which the vote to amend is scheduled. Voting must be in conformance with Section 8.5 herein. By -Laws of the Kitsap Regional Coordinating Council Page 6 Adopted December 20, 2007 (Section 4.6 revised Nov. 1, 2016)