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09/06/2017 AGENDA PACKET
CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337 - Phone (360) 473-5280 ***AMENDED*** SEPTEMBER 6, 2017 CITY COUNCIL MEETING AGENDA 1. BRIEFING: 5:00 — 5:30 P.M. in COUNCIL CONFercENCE ROOM 603 A. Review of Agenda B. General Council Business (As necessary...) 2. CALL TO ORDER: 5:30 P.M. in riKa i FLOOR CHAMBERS A. Pledge of Allegiance B. Invocation 3. MAYOR'S REPORT 4. PUBLIC RECOGNITION 5. CONSENT AGENDA A. Claims & Check Register B. Minutes of Meeting —August 16, 2017 C. Minutes of Study Session — August 23, 2017 D. Resolution No. 3293 to grant Consent and Approval of Owner Transfer from Wave Holdco, LLC to Radiate Holdings, L.P. E. Addition of a Part Time (0.5 FTE) "Producer" Position in BKAT for 2017 and 2018 F. Contract Modification No. 1 to the Professional Services Agreement with SAFEbuilt Washington, LLC for Plan Review and Examination Services; and authorize 2017 Budget Adjustment G. Acceptance of a $300,000 United States Environmental Protection Agency (US EPA) Brownfields Community -Wide Assessment and Area -Wide Planning Grant; and authorize 2017 Budget Adjustment H. Professional Services Agreement with Stantec Consulting Services, Inc. for administration of the US EPA Brownfields Community -Wide Assessment and Area -Wide Planning Grant 6. GENERAL BUSINESS A. Ordinance No. 5333 to amend Section 5.02.040 of the Bremerton Municipal Code entitled "Definitions" under Chapter 5.02 entitled "General Business Licenses" B. Ordinance No. 5334 to amend Section 7.08.030 of the Bremerton Municipal Code entitled "Commercial Pet Facilities, Grooming Parlors and Animal Welfare Facilities" C. Interlocal Agreement with Kitsap County for Traffic Engineering Services 7. COUNCIL MEMBER REPORTS 8. EXECUTIVE SESSION 4dded 15 -Minutes to consider the Minimum Price of Real Estate under RCW 42.30.110 (1)(c) No action anticipated... 9. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING ® Americans with Disabilities Act (ADA) accommodations provided upon request. Those requiring special accommodations please contact the City Clerk at (360) 473-5323 at least 24 hours prior to the meeting. +•11!11.11111111111.11111111.111111111.111111111111f1•I.111111.1•I.1• ••y 1 4 y E . • y, 0 • • a L j f3i o� G 0 ' L 1 X JZ 0 • u D 1 TA a� �oY L• 1 I L 3>• j 1 r. • 0 G • L �} LL • 1 o ILZ LL IL LU , 3 d Q — • o a u m0°�3Ho,c s� W c L 0� s CL J d � I f 3 V U IA 00 �> chip ; ©+' Wf a r u � c� �a� oy> F �� s m>I- • ��'io On _ m—.0N<.o c • v}, fn L• o U L 0 a ; I ;A rnQo 0 m N L C d • U 6t } N 4- 1 m 1 s/�/��i�irl• I `1.1••11!11.1111111.11111111••111111111.11111111111.11.1.111111•I.11/111.1111••11••� w I w. V 64 >1 U I a�V. wv,rvrs So -, 15 "IYOO'ki rg"mFU1. M=T: 'A BWOEW � 'Tooter nwm"Q Wisgot Imm mWWAS Imp VI 00 � MUM Jm uny; : m«. avows WEI ,W O# H ! Mot! I V A �,A i III MISS mm", A Ly 2 LLJ Lu =C6 CO 6A. 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REQUESTS FOR INFORMATION MUST BE SUBMITTED IN WRITING TO THE CLERK THANK YOU SUBJECT: Claims & Check Register SUMMARY: AGENDA BILL CITY OF BREMERTON CITY COUNCIL Study Session Date: COUNCIL MEETING Date: Department: Presenter: Phone: 5A N/A September 6, 2017 Financial Services Shannon Corin 473-5323 Approval of the following checks and electronic fund transfers: 1) Check #'s 374999 through 375264 and EFT's 17661 through 17714 in the amount of $3,442,685.45. 2) Regular Payroll for the pay period ending August 15, 2017 in the amount of $769,092.92. 3) Regular Payroll for the pay period ending August 15, 2017 in the amount of $24,953.17. 4) Retiree Payroll for the pay period ending August 31, 2017 in the amount of $49,507.09. ATTACHMENTS: FISCAL IMPACTS (Include Budgeted Amount): STUDY SESSION AGENDA: x❑ No Presentation ❑ Full Presentation STUDY SESSION ACTION: 0 Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the consent agenda as presented. COUNCIL ACTION: ❑ Approve Form Updated 01/07/15 ❑ Deny ❑ Table ❑ Continue ❑ No Action AGENDA BILL CITY OF BREMERTON 5B CITY COUNCIL SUBJECT: Minutes of Meeting — Study Session Date: N/A August 16, 2017 COUNCIL MEETING Date: September 6, 2017 Department: City Council Presenter: Council President Phone: (360)473-5280 SUMMARY: Attached is the summary of the City Council Meeting on August 16, 2017. ATTACHMENTS: Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount): N/A STUDY SESSION AGENDA: o No Presentation ❑ Full Presentation STUDY SESSION ACTION: o Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the Consent Agenda as presented. COUNCIL ACTION: ❑ Approve ❑ Deny Form Updated 12/15/15 ❑ Table ❑ Continue ❑ No Action DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wednesday, August 16, 2017 The weekly meeting of the City Council of the City of Bremerton was called to order Wednesday, August 16, 2017, at 5:00 PM in Council Conference Room 603 of the NORM DICKS GOVERNMENT CENTER, 345 6t" Street, Bremerton, Washington, with Council Vice -President Jerry McDonald presiding. Council Members present were Richard Huddy, Dino Davis, Greg Wheeler, Leslie Daugs, and Pat Sullivan. Council President Eric Younger was absent. Also present were City Attorney Roger Lubovich; City Clerk Shannon Corin; Legislative Assistant Lori Smith; and Kevin Matthew, Information Services Manager. A COUNCIL BRIEFING was held to discuss General Council Business at 5:00 PM in the Council Conference Room. At 5:30 PM the meeting moved to the Meeting Chambers. The Pledge of Allegiance was led by Council Member Pat Sullivan followed by the Invocation provided by Reverend Paul Meeker of Our Saviour's Lutheran Church. MAYOR'S REPORT — Mayor Lent announced the following... • The Farewell Party & Picnic for Japanese Exchange Students Minon Shimooka, Kanon Yamane, and Nonoka Fujita would he held this Friday, August 18; • To increase public awareness to those affected by brain injury, the public was invited to Walk, Run, & Roll for Thought on Saturday, September 9 starting at 1:00 PM at Lions Park; • Proclaimed August 26, 2017 as "Sinclair Missionary Baptist Church Community Give - Away Block Party" Day, and announced that the event will be held on Saturday, August 26 from 11:00 AM to 5:00 PM at Sinclair Missionary Baptist Church at 4900 Auto Center Blvd; • The Annual Blackberry Festival for 2017 would be from Friday, September 1 to Sunday, September 3 in downtown Bremerton and along the Boardwalk; • City residents are invited to participate in the Beautify Bremerton All City Clean -Up on Saturday, September 16 from 8:00 AM to 2:00 PM in the parking lot at Legion Field; • Was pleased to learn that over $28 million in permit revenue has been received to date; • The Annual City Employee Picnic was a big success; and • A day of Live Well Kitsap activities and workshops on wellness and fitness will be held on Saturday, September 16 at the Silverdale YMCA. PUBLIC RECOGNITION Barbie Iman expressed concerns about the focus of Community Development Block Grant funding in downtown; and hoped for code enforcement reform to help address blight conditions throughout the city. CONSENT AGENDA 5A — Claims & Check Register: Check Numbers 374761 through 374998 and EFT -17613 through EFT -17660 in the amount of $2,331,703.62; Regular Payroll for the pay period ending July 31, 2017 in the amount of $781,871.06; and Regular Payroll (Payout) for the pay period ending July 31, 2017 in the amount $409.05 5113— Minutes of Meeting —August 2, 2017 5C— Minutes of Study Session —August 9, 2017 5D — Confirm Appointment of Marwan Cameron to the Bremerton Housing Authority Board of Commissioners 5E — Set the Annual Compensation of the Municipal Court Judge for 2017 and 2018 City Council Reg. Mtg. Minutes Wednesday, August 16, 2017 Page 2of3 5F — Purchase of Retrofit Items for the Closed Circuit Television Van from Cues, Inc. 5G — Purchase of four (4) Fairbanks Morse Dry -Pit Submersible Pumps from Granich Engineered Products, Inc. 5H — Eliminate the Forestry Service Specialist Position (Pay Grade 10) from the 2017 Budget; and add an Environmental Technician Position (Pay Grade 15) 51— Public Works Agreement with Kemron Environmental Services for Modified Clean-up of the Small Arms Range located in the Bremerton Watershed 5i I final / geRG\/ t^'�r�stri inti�r� GG.Rtrant fer the \Alost Qolfair Valley Read ;-;Pd- TFaGYtGR Ro�nh Rn;r! IAAA-yatiye Safety Dr( ieG Pulled Marwin Cameron shared his background which includes teaching at Olympic College, and looks forward to this opportunity to serve on the Bremerton Housing Authority Board of Commissioners. 05:45:42 M/S/C/U (Huddy/Sullivan) Move to approve the CONSENT AGENDA as presented. GENERAL BUSINESS — There were no General Business Items tonight... COUNCIL MEMBER REPORTS Richard Huddy thanked the firefighters who battled the devastating blaze that destroyed a business and a home at the corner of 11th Street & N. Callow Avenue; thanked neighbors who offered assistance to the family who lost everything in the fire; reported on his attendance at the Navy League Luncheon which also included a Celebration for the US Coast Guard; enjoyed the Retirement Housing Foundation's Celebration Dinner at Pinewood Manor with Mayor Patty Lent and Council Members Greg Wheeler and Pat Sullivan; reported that problems with the fast ferry Rich Passage I, reservation system, and ferry communications are being addressed; and encouraged the public to attend a Public Hearing regarding Reconsideration of CHI Franciscan's Certificate of Need on Friday, September 8 at 10:30 AM in the Meeting Room at the Bremerton School District Office at 134 Marion Avenue. Dino Davis announced that volunteers are welcome for Stewardship Projects on Saturday, August 19 beginning at 9:00 AM at Forest Ridge Park; and expressed sentiments of sadness by events taking place in Charlottesville, emphasizing that Bremerton is not a place for hate. Greg Wheeler was proud to speak at an event organized in solidarity to Charlottesville on August 13 at Evergreen Rotary Park, adding that we should all continue to defy hatred, bigotry, and racism; invited volunteers to help with the next Kiwanis Park Work Party on Saturday, August 26 from 9:00 to 11:00 AM; and wished everyone a great week. Leslie Daugs announced that she would be co -hosting with Kitsap Transit for a "Rider Alert Public Meeting" on Thursday, August 24 from 5:00 to 7:00 PM at the Kitsap Habitat for Humanity Conference Room to discuss the Wheaton Way Transit Center; thanked staff who cooked or helped with the Annual Employee Picnic and Connection Credit Union for being the event sponsor; viewed an informative Property Tax Webinar offered by Municipal Research Services Center; and looked forward to the Kitsap County Fair & Stampede from August 23 through 27, including the 6th Annual Executive Pie Eating Contest on August 26 which raises funds for non-profit organizations; offered condolences to families affected by the tragedy at Charlottesville; and thanked Council Member Davis for his comments, affirming that we do not let hate grow in our City. City Council Reg. Mtg. Minutes Wednesday, August 16, 2017 Page 3 of 3 Pat Sullivan appreciated the improvements in East Bremerton that have recently been completed; and encouraged people to check out the recent chip seal work on Pearl Street, Sylvan Way, Rickey Road, Pine Road, and McClain Avenue. Jerry McDonald encouraged the public to attend the final summer concerts at Music in Manette on August 17 and 24, and Rock the Dock on August 19; looked forward to the "Kings of Kitsap" Alumni Basketball Tournament from Friday, August 18 through Sunday, August 20 at Bremerton High School; announced the 2nd Annual Pacific Islander Festival on Saturday, August 26 from 11:00 AM to 5:00 PM on the Bremerton Boardwalk; announced Manette Fest would be held this year on Saturday, September 9 from 10:00 AM to 4:00 PM; and shared that the City of Bremerton was selected as the "Location of the Month" for Washington Filmworks related projects. With no further business, Vice -President McDonald adjourned the Council Meeting at 6:16 PM. Prepared and Submitted by: LORI SMITH Legislative Assistant APPROVED by the City Council on the 6t" day of September, 2017. ERIC YOUNGER, City Council President ATTEST: SHANNON CORIN, City Clerk EY:SC:ls:cg AGENDA BILL CITY OF BREMERTON 5C CITY COUNCIL SUBJECT: Minutes of Study Session — Study Session Date: N/A August 23, 2017 COUNCIL MEETING Date: September 6, 2017 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: Attached is the summary of the City Council Study Session on August 23, 2017. ATTACHMENTS: Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount): N/A STUDY SESSION AGENDA: o No Presentation ❑ Full Presentation STUDY SESSION ACTION: o Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the Consent Agenda as presented. COUNCIL ACTION: ❑ Approve ❑ Deny Form Updated 12/15/15 ❑ Table ❑ Continue ❑ No Action DIGITAL RECORDING CITY COUNCIL STUDY SESSION MINUTES Wednesday, August 23, 2017 A Study Session of the City Council of the City of Bremerton was called to order in the Council Conference Room of the NORM DICKS GOVERNMENT CENTER, 345 6t" Street, Bremerton, Washington, Wednesday, August 23, 2017, at 5:00 PM, with Council President Eric Younger presiding. Council Members present were Richard Huddy, Dino Davis, Greg Wheeler, Jerry McDonald, Leslie Daugs, and Pat Sullivan. Legislative Assistant Lori Smith was present to provide staff support. President Younger emphasized that the Study Session was open to the public but there would be no opportunities for input or participation; no action is anticipated; and the content of these items is subject to change. It was further announced that items approved by the Council will be placed on the September 6, 2017 Council Meeting Agenda or as indicated. A. MAYOR'S "CITIZEN APPRECIATION" AWARD — Presentation to Michael Bencik in recognition for his years of service on the City of Bremerton ADA Committee — Mayor Patty Lent; and City Engineer and ADA Committee Coordinator Thomas Knuckey B. LIMITED PRESENTATION PLANNED —The following items are budgeted items or subjects that have been raised with the appropriate Council Committee Members: 1. Resolution to grant Consent and Approval of Ownership from Wave HoldCo, LLC to Radiate Holdings, L.P. ConsentAgenda 2. Addition of a Part Time (0.5 FTE) "Producer' Position in BKAT for 2017 and 2018 Consent Agenda 3. Ordinance to amend Section 5.02.040 of the Bremerton Municipal Code (BMC) entitled "Definitions" under Chapter 5.02 entitled "General Business Licenses" General Business 4. Ordinance to amend Section 7.08.030 of the Bremerton Municipal Code (BMC) entitled "Commercial Pet Facilities, Grooming Parlors, and Animal Welfare Facilities" General Business 5. Contract Modification No. 1 to the Professional Services Agreement with SAFEbuilt Washington, LLC for Plan Review and Examination Services; and authorize 2017 Budget Adjustment ConsentAgenda 6. Acceptance of a $300,000 United States Environmental Protection Agency (US EPA) Brownfields Community -Wide Assessment and Area -Wide Planning Grants; and authorize 2017 Budget Adjustment ConsentAgenda 7. Professional Services Agreement with Stantec Consulting Services, Inc. for administration of the US EPA Brownfields Community -Wide Assessment and Area -Wide Planning Grant ConsentAgenda 8. Interlocal Agreement with Kitsap County for Traffic Engineering Services General Business C. INFORMATION BRIEFINGS 1. Residential Street Program Expectations and Expenses — City Engineer Tom Knuckey 2. City of Bremerton Parking Plan for 2018 Budget — City Clerk Shannon Corin 3. Council Goal No. 8: "Increasing Regional Influence" (Update on Invitation from Kitsap Regional Coordinating Council (KRCC) to Rejoin) — President Eric Younger City Council Study Session Minutes Wednesday, August 23, 2017 Page 2 of 2 4. Update on City Hall Space Planning —Mayor Patty Lent; and Public Works Director Chal Martin D. GENERAL COUNCIL BUSINESS o Audit Committee Briefing (08/21/17 Meeting) — Vice Chair Leslie Daugs o Finance & Investment Committee Briefing (08/22/17 Special Meeting) —Chair Richard Huddy o Other General Council Business E. EXECUTIVE SESSION 10 -Minutes to discuss Pending Litigation under RCW 42.30.110 (1) (i) No action anticipated F. ADJOURNMENT OF STUDY SESSION President Younger adjourned the Council Study Session at 8:50 PM. Prepared and Submitted by: LORI SMITH, Legislative Assistant APPROVED by the City Council on the 6th day of September, 2017. Eric Younger, Council President ATTEST: Shannon L. Corin, City Clerk EY:SC:ls:cg AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Resolution No. 3293 to grant Consent and Approval of Owner Transfer from Wave Holdco, LLC to Radiate Holdings, L.P. 5D Study Session Date: August 23, 2017 COUNCIL MEETING Date: Seatember 6. 2017 Department: Presenter: Phone: Finance - BKAT Char Burnette (360) 473-5011 SUMMARY: WAVE Broadband holds a cable franchise agreement with the City of Bremerton. Section 15 Franchise Transfer of the agreement requires the Cable Company to notify the City of a change in ownership, that the buyer can show financial, legal and technical ability to continue the franchise, and City Council consents to the transfer of ownership by resolution. Radiate Holdings, L.P has entered in to an agreement to acquire all outstanding membership interests of WAVE Broadband's parent Company, WAVE Holdco, LLC. Legal, Finance and BKAT have reviewed the documents finding form FCC 394 to be in order. Radiate Holdings, L.P. intends to honor the current Franchise Agreement with no changes, and has the ability to continue cable service. Staff recommends approving the transfer of ownership. ATTACHMENTS: BKAT memo, Letter from Wave Holdco, LLC and Radiate Holdings, L.P Resolution No. 3293 granting consent and approval of the City of Bremerton to change ownership. FISCAL IMPACTS (Include Budgeted Amount): No Financial Impacts STUDY SESSION AGENDA: ❑x No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑x Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to adopt Resolution No. 3293 to grant consent and approval of owner transfer from Wave Holdco, LLC to Radiate Holdings, L.P. COUNCIL ACTION: ❑ Approve Form Updated 01/07/15 ❑ Deny ❑ Table ❑ Continue ❑ No Action i Bremerton* Kitsap access TELEVISION To: Charleen Burnett, Public Access Manager From: Jon Rauch, BKAT Production Administrator Re: Application for Transfer of Control from Wave Holdco, LLC to Radiant Holdco, LLC I have looked over the documents regarding the "Purchase Agreement" between Radiant Holdco, LLC and Wave Holdco, LLC. The item(s) that impacts BKAT is the franchise agreement currently in effect with WAVE and the City of Bremerton. WAVE, a subsidiary of Radiant, intends to honor all franchise agreements with no changes I recommend City Council approve this application. Jon Rauch Production Administrator Bremerton-Kitsap Access Television (360) 440-1993 (Cell) (360) 473-5012 (Office) 7266 Tibardis Road NW, Bremerton, WA 98311 • ph: (360) 308.0139 • fax: (360) 308.0239 • bkat.org June 16, 2017 Shannon L. Corin, City Clerk City of Bremerton, Washington 345 6th Street, Suite 600 Bremerton, WA 98337 Dear Ms. Corin: On May 18, 2017, Radiate HoldCo, LLC, a Delaware limited liability company and an indirect wholly-owned subsidiary of Radiate Holdings, L.P. ("Radiate"), entered into an agreement to acquire all the outstanding membership interests of Wave Holdco, LLC ("Wave") from the holders thereof (the "Transaction"). WaveDivision IV, LLC, a subsidiary of Wave, currently holds a franchise to offer video service in your community. Radiate and Wave believe that the Transaction offers tremendous prospects for continued enhancements to the system and services available to customers in Bremerton. When the Transaction is consummated, only the indirect control of your community's franchisee will have changed. Your community's franchise will continue to be held by WaveDivision IV, LLC, the same legal entity that holds the franchise today. Following the closing of the Transaction, WaveDivision IV, LLC agrees that it will continue to provide service pursuant to the terms of that franchise. However, it will do so under the ownership and indirect control of Radiate. Radiate is a holding company that is majority owned and controlled by the principals of TPG Global, LLC (together with its affiliates, "TPG"). TPG has extensive experience with global public and private investments and is one of the most active private equity investors in the Internet ecosystem. Radiate, through its indirect subsidiaries RCN Telecom Services, LLC and Grande Communications Networks LLC, provides digital television, high-speed Internet, and voice communications services to approximately 656,000 subscribers in the District of Columbia, Illinois, Massachusetts, Maryland, New York, Pennsylvania, Virginia, and Texas, led by an experienced management team from Patriot Media Consulting, LLC. The Transaction will bring three smaller independent, competitive providers of video, voice and Internet services under one roof, offering even stronger competition to the larger, well- established providers in the marketplace. Following closing, Radiate will combine its resources Wave Holdco, LLC 401 Parkplace Center, Suite 500 Kirkland, Washington 98033 Radiate Holdings, L.P. -- 301 Commerce Street, Suite 3300 ,JUN Fort Worth, TX 76102 "D 'v r� F Via Fedex June 16, 2017 Shannon L. Corin, City Clerk City of Bremerton, Washington 345 6th Street, Suite 600 Bremerton, WA 98337 Dear Ms. Corin: On May 18, 2017, Radiate HoldCo, LLC, a Delaware limited liability company and an indirect wholly-owned subsidiary of Radiate Holdings, L.P. ("Radiate"), entered into an agreement to acquire all the outstanding membership interests of Wave Holdco, LLC ("Wave") from the holders thereof (the "Transaction"). WaveDivision IV, LLC, a subsidiary of Wave, currently holds a franchise to offer video service in your community. Radiate and Wave believe that the Transaction offers tremendous prospects for continued enhancements to the system and services available to customers in Bremerton. When the Transaction is consummated, only the indirect control of your community's franchisee will have changed. Your community's franchise will continue to be held by WaveDivision IV, LLC, the same legal entity that holds the franchise today. Following the closing of the Transaction, WaveDivision IV, LLC agrees that it will continue to provide service pursuant to the terms of that franchise. However, it will do so under the ownership and indirect control of Radiate. Radiate is a holding company that is majority owned and controlled by the principals of TPG Global, LLC (together with its affiliates, "TPG"). TPG has extensive experience with global public and private investments and is one of the most active private equity investors in the Internet ecosystem. Radiate, through its indirect subsidiaries RCN Telecom Services, LLC and Grande Communications Networks LLC, provides digital television, high-speed Internet, and voice communications services to approximately 656,000 subscribers in the District of Columbia, Illinois, Massachusetts, Maryland, New York, Pennsylvania, Virginia, and Texas, led by an experienced management team from Patriot Media Consulting, LLC. The Transaction will bring three smaller independent, competitive providers of video, voice and Internet services under one roof, offering even stronger competition to the larger, well- established providers in the marketplace. Following closing, Radiate will combine its resources June 16, 2017 pg-�2 and expertise with Wave's knowledge of the local cable marketplace to build upon the successes of Wave and further enhance the customer experience in your community. In accordance with the terms of federal law, the rules of the FCC, and the franchise, we have enclosed for your review the required number of copies of FCC Form 394. FCC Form 394 is designed to provide you with the information necessary to assess the financial, legal, and technical qualifications of Radiate to hold indirect control of the franchise. As part of this filing, you are receiving a copy of the agreement, and financial, legal and technical information about Radiate, as well as all other required information. Certain of this information, as designated therein, is confidential and not routinely made available to the public, and its dissemination would be harmful to Radiate's business interests. Pursuant to FCC Form 394, these materials must be maintained as confidential by you and any or all of your agents. Also enclosed is a copy of the Public Interest Statement that was attached to our filing with the FCC for approval of the Transaction. Under the FCC rules, you have 120 days from the date you receive this information to consider the application. No action on your part is required; should you choose not to take any action within this 120 day period, under federal law the application will be deemed granted. In the event that you choose to act on the application, we have enclosed for your convenience a draft resolution for your use. Please let us know if you place the matter on your agenda for consideration. We look forward to working with you. If you have any questions, please call Jim Pemney at 425-896-1891 or Seth Davidson at 202-434-7447. Sincerely, James A. Penney General Counsel Wave Holdco, LLC 401 Parkplace Center, Suite 500 Kirkland, WA 98033 Enclosures: FCC Form 394 and associated exhibits Q-�Seth A. Davidson Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. 701 Pennsylvania Avenue NW, Suite 900 Washington, D.C. 20004 Counsel to Radiate Holdings, L.P. RESOLUTION NO. 3293 A RESOLUTION of the City Council of the City of Bremerton, Washington, granting consent and approval to change of control transaction. WHEREAS, WAVE Division IV, LLC d/b/a WAVE, a Washington limited liability company, currently holds a franchise (the "Franchise") granted by the City of Bremerton (the "City") to own and operate a cable system in the City; and WHEREAS, franchisee is a wholly-owned subsidiary of WAVE Holdco, LLC, a Washington limited liability company ("WAVE Parent"); and WHEREAS, on June 16, 2017, Radiate Holdings, L.P., a Texas limited liability company, owned and controlled by the principals of TPG Global, LLC, entered into an agreement to acquire all the outstanding membership interests of WAVE Division IV, LLC; and WHEREAS, WAVE Holdco, LLC and Radiate Holdings, L.P. have filed FCC Form 394 with the City and have provided the City with all information regarding the Transaction required by applicable law (collectively, the "Application"); and WHEREAS, the City has reviewed the Application and has determined that (i) Radiate Holdings, L.P. meets the legal, technical, and financial criteria to become the owner of WAVE Holdco, LLC and the indirect owner of franchisee, and (ii) the transaction is in the best interest of the City; and WHEREAS, pursuant to Section 15 of the Franchise, the City shall act by ordinance or resolution on the request for transfer of ownership or control within 120 days of receipt of the FCC Form 394 application, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION]. The City consents to and approves of Radiate Holdings, L.P. acquiring all the outstanding membership interests of WAVE Division IV, LLC to the extent required by the terms of the Franchise agreement between the City and WAVE and applicable law. SECTION2. To the best of the City's knowledge and belief, there are no existing facts or circumstances that with or without the giving of notice or the passage of time, or both, would constitute a default of any term or condition of the Franchise. SECTION 3. Effective upon the closing of the transaction, the franchisee shall remain responsible for any obligations and liabilities under the Franchise. Page 1 of 2 Resolution Rev. 08/2017 SECTION 4. This Resolution is adopted and approved in accordance with all applicable notices and procedure requirements under all laws applicable to City, and with all applicable notice requirements. SECTION 5. Severability. If anyone or more sections, subsections, or sentences of this resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this resolution and the same shall remain in full force and effect. SECTION 6. Effective Date. This resolution shall take effect and be in force immediately upon its passage. PASSED by the City Council of the City of Bremerton, Washington this day of 2017. APPROVED AS TO FORM: ROGER A. LUBOVICH, City Attorney Resolution Rev. 08/2017 ERIC YOUNGER, Council President ATTEST: SHANNON CORIN, City Clerk Page 2 of 2 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Addition of a Part Time (0.5 FTE) "Producer" Position in BKAT for 2017 and 2018 Study Session Date: COUNCIL MEETING Date: Department: Presenter: Phone: 5E August 23, 2017 September 6, 2017 BKAT Char Burnette (360) 473-5011 SUMMARY: BKAT is asking to add a Producer position on October 2, 2017. This is a new position to take on the duties of scheduling and preparing interviews, special segments and social media for BKAT. These duties are currently done by the Public Access Manager. The current Manager will be retiring at the end of December. Adding this part time position on in October, 2017 allows proper training/mentoring for seamless BKAT sustainability. This position will continue in the 2018 BKAT Budget as a .5 FTE. ATTACHMENTS: Job Description FISCAL IMPACTS (Include Budgeted Amount): $6,211.95 (2017) $24,847.82 (2018) STUDY SESSION AGENDA: 0 No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑x Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Authorize the addition of a Part Time (0.5 FTE) "Producer" Position in BKAT for 2017 and 2018. COUNCIL ACTION: ❑ Approve Form Updated 01/07/15 ❑ Deny ❑ Table ❑ Continue ❑ No Action City of Bremerton Classification Specification August 2017 Producer GENERAL FUNCTION The Bremerton Kitsap Access Television (BKAT) Producer schedules, organizes and interviews guests for BKAT programs. The Producer works closely with the BKAT staff in developing programs/PSAs and special content. The Producer works under the direction of the BKAT Public Access Manager. 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.) • Plans, organizes and schedules taping of interviews and/or PSAs for content on the BKAT channel. • Work with potential guests of a program on content, questions and location. • Work closely with BKAT technical staff on all phases of production. • Assist in developing photography projects, video productions, multimedia, and graphic productions for cable and social media. KNOWLEDGE, SHILLS AND ABILITIES (Entry requirements) • Confidence in public speaking • Ability to work with the public, elected officials, and community leaders • Excellent people skills and ability to communicate well with BKAT members and clients. • Ability to work independently with minimal supervision. • Flexible schedule, including evenings and weekends. • Commitment to public service. • Ability to lift and/or move up to thirty (30) pounds. QUALIFYING EDUCATION AND EXPERIENCE (Minimum Requirements) • Degree and/or experience in production work: theater, tv, etc. • Knowledge of the Kitsap community A valid Washington State driver's license is required. WORKING CONDITIONS • Office, studio and control room environment • Field (outside) or on location work for productions LEGAL and REGULATORY EMPLOYMENT CONDITIONS Fair Labor Standards Act: The classification is nonexempt under the laws of fair Labor Standards Act minimum wage and overtime provisions. Representation: This classification is non -represented. 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 current labor agreement. Page 1 of 2 City of Bremerton Classification Specification August 2017 Producer This classification specification does not constitute an employment agreement between the City and employee. It is subject to change by the City as the needs of the City and requirements change. Page 2 of 2 AGENDA BILL CITY OF BREMERTON CITY COUNCIL 5F SUBJECT: Contract Modification No. 1 to the Professional Services Agreement with SAFEbuilt Washington, LLC for Plan Review and Examination Services; and authorize 2017 Budget Adjustment Study Session Date: August 23, 2017 COUNCIL MEETING Date: September 6, 2017 Department: Community Development Presenter: Andrea Spencer Phone: 360-473-5263 SUMMARY: SAFEbuilt Washington, LLC has been assisting with our permit plan review and examination services on a six month contract that began in May 2017. The contract was initiated due to challenges of staff recruitment (vacancies) and continued assistance is needed with plan review services until the open Building Development Specialist (BDSIII) position is filled. Additionally, some plans submitted for permitting require structural engineering plan review that the City staff is not licensed to evaluate. SAFEbuilt provides these specialized engineering services. This structural engineering review would be on an as-needed/required basis. In 2018 Community Development is proposing an amendment to our fee schedule to collect revenue to off -set this cost. This contract modification allows the City to fulfill the current building standards for engineering review and prevent a back -log of plan reviews during heavy volumes and/or staffing shortages by creating an on-going service agreement with SAFEbuilt. The annual maximum compensation is not to exceed $60,000. ATTACHMENTS: Contract Modification #1 between the City of Bremerton and SAFEbuilt Washington, LLC; The original Professional Services Agreement between the City of Bremerton and SAFEbuilt Washington, LLC FISCAL IMPACTS (Include Budgeted Amount): The motion proposes to amend the 2017 Community Development budget as follows: Reduce the Building Personnel Expenditures by $75,000 and increase the Building Professional Services Expenditures by $75,000 due to position vacancies. There is no impact on the General Fund. STUDY SESSION AGENDA: o No Presentation ❑ Full Presentation STUDY SESSION ACTION: o Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve Contract Modification 1 to the Professional Services Agreement between SAFEbuilt Washington, LLC and the City of Bremerton and to amend the 2017 Community Development Building budget by increasing Professional Services expenditures by $75,000 and decreasing Personnel expenditures by $75,000 and authorize the Mayor to finalize and execute the modification with substantially the same terms and conditions as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/07/15 CONTRACT MODIFICATION AGREEMENT NO. 1 BETWEEN THE CITY OF BREMERTON AND SAFEbuilt Washington, LLC PROJECT Plan Review and Plan Examination Services CONSULTANT SAFEbuilt Washington, LLC DATE 2017 THIS CONTRACT MODIFICATION AGREEMENT SPECIFICALLY AMENDS THE PROFESSIONAL SERVICES AGREEMENT (the "Contract") entered into between the City of Bremerton and SAFEbuilt Washington, LLC on May 25, 2017. All provisions in the Contract shall remain in full force and effect except as expressly modified by this document. For valuable consideration and by mutual consent of the parties, the modifications to the Contract are as follows: I. Section 1. Scope , is modified as follows: NO Change. Section 5. Compensation , is modified as follows: The City shall pay the Consultant an amount not to exceed Sixty Thousand Dollars ($60,000.00) in a calendar year. The original contract amount was Twenty Thousand Dollars ($20,000.00). Section 6. Term , is modified as follows: This Agreement commences upon execution by the Parties and shall continue in full force and effect unless terminated pursuant to Section 7 of this Agreement. The original contract: "This agreement shall be effective on the latest date on which the Agreement is fully executed by both Parties. The term of this Agreement shall be six (6) months." II. Consultant accepts all requirements of this Contract Modification by endorsing below. Consultant further agrees that this Contract Modification constitutes full and final settlement of all of the Consultant's claims for contract time and for all costs of any kind, including without limitation, costs of delays related to any work either covered or affected by this Contract Modification, claims related to on-site or home office overhead, or lost profits. This Contract Modification does not limit the City's right to bring a claim for past performance. CONTRACT MODIFICATION #1 1 Contract Number: 5685 SAFEbuilt Washington, LLC — Plan Review & Exam Services The undersigned consultant approves the foregoing Contract Modification as to the changes, if any, in the contract price specified for each item, including any and all supervision costs and other miscellaneous costs relating to the change in work, and as to the extension of time allowed, if any, for completion of the entire work due to said Contract Modification. This document will become a supplement of the contract and all provisions will apply hereto. It is understood that this Contract Modification shall be effective when approved by the City of Bremerton. The parties whose names appear below warrant that they are authorized to enter into a contract modification that is binding on the parties of this contract. In addition, Consultant warrants that it has or will inform the surety of this change, and shall take appropriate action to modify any bonds required under the contract to address this change. IN WITNESS WHEREOF, the parties have executed this Contract Modification on the day and year first written above. CONSULTANT THE CITY OF BREMERTON By Its DATE: APPROVED AS TO FORM: Bremerton City Attorney NOTICES TO BE SENT TO: By Patty Lent Its Mavor DATE: ATTEST: City Clerk NOTICES TO BE SENT TO: Andrea L. Spencer Director of Community Development City of Bremerton 345 Sixth Street, Suite 600 Bremerton, WA 98337 360-473-5283 CONTRACT MODIFICATION #1 2 Contract Number: 5685 SAFEbuilt Washington, LLC — Plan Review & Exam Services PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF BREMERTON, WASHINGTON AND SAFEbuilt WASHINGTON, LLC This Professional Services Agreement ("Agreement•'), is entered into by and between the City of Bremerton, Washington, ("Municipality") and SAFEbuilt Washington, LLC, ("Consultant"). The Municipality and the Consultant shall be jointly referred to as the "Parties". RECITALS WHEREAS, the Municipality is seeking a consultant to perform the services listed in Exhibit A — List of Services and Fee Schedule, ("Services"); and WHEREAS, Consultant is ready, willing, and able to perform the Services. NOW THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged, the Municipality and Consultant agree as follows: 1. SCOPE OF SERVICES Consultant will provide the Services listed In Exhibit A to the Municipality using qualified professionals. Consultant will perform Services In accordance with State of Washington adopted codes and all applicable amendments and ordinances adopted by the Municipality. The professionals employed by the Consultant will maintain current certifications, certificates, licenses as required for the services that they provide to the Municipality. Consultant Is not obligated to perform services beyond what is contemplated by this Agreement. Consultant will perform work at a level of competency In accordance with industry standards. 2. CHANGES TO SCOPE OF SERVICES Any changes to Services that are mutually agreed upon between the Municipality and Consultant shall be made in writing which shall specifically designate any changes in compensation for the Services and be made as a signed and fully executed amendment to this Agreement. 3. FEE STRUCTURE In consideration of the Consultant providing services, the Municipality shall pay the Consultant for the Services performed in accordance with Exhibit A — List of Services and Fee Schedule. 4. INVOICE & PAYMENT STRUCTURE Consultant will invoice the Municipality on a monthly basis and provide all necessary supporting documentation. All payments are due to Consultant within 30 days of Consultant's Invoice date. The Municipality may request, and the Consultant shall provide, additional information before approving the invoice. When additional information is requested the Municipality will identify specific disputed item(s) and give specific reasons for any request. if additional information is requested, Municipality will submit payment within thirty (30) days of resolution of the dispute. S. As compensation for performance of the Services under this Agreement, the Municipality will pay Consultant for work performed, in accordance with the rates set forth in Exhibit A, a sum not to exceed $20,000.00. 6. TERM This Agreement shall be effective on the latest date on which the Agreement is fully executed by both Parties. The term of this Agreement shall be six (6) months. Page 1 of 7 7. TERMINATION Either party may terminate this Agreement, or any part of this Agreement upon thirty (30) days written notice, with or without cause and with no penalty or additional cost beyond the rates stated in this Agreement. In case of such termination, Consultant shall be entitled to receive payment for work completed up to and including the date of termination within thirty (30) days of the termination. All structures that have been permitted, a fee collected, and not yet expired at the time of termination may be completed through final inspection by the Consultant if approved by the Municipality. Consultant's obligation is met upon completion of final inspection or permit expiration, provided that the work to reach such completion and finalization does not exceed ninety (90) days. Alternately, the Municipality may exercise the option to negotiate a refund for permits where a fee has been collected but inspections have not been completed. The refund will be prorated according to percent of completed construction as determined by Consultant and mutually agreed upon by all Parties. No refund will be given for completed work. 8. MUNICIPALITY OBLIGATIONS The Municipality shall timely provide all data information, plans, specifications and other documentation reasonably required by Consultant to perform Services. 9. PERFORMANCE STANDARDS Consultant shall use that degree of care, skill, and professionalism ordinarily exercised under similar circumstances by members of the same profession practicing or performing the substantially same or similar services. Consultant represents and warrants to the Municipality that it will retain employees that possess the licenses, skills, knowledge, and abilities to competently, timely, and professionally perform the Services in accordance with this Agreement. 10. INDEMNIFICATION To the fullest extent permitted by law, Consultant shall be liable for and shall defend, save, indemnify, and hold harmless the Municipality, its elected and appointed officials, employees and volunteers and others working on behalf of the Municipality, from and against any and all claims, demands, suits, costs (including reasonable legal costs), expenses, and liabilities by reason of personal injury, including bodily injury or death and/or property damage with respect to any third party claim ("Claim(sr) to the extent that any such injury, loss or damage is caused by the negligence of or material breach of any obligation under this Agreement by Consultant or any officer, employee, representative, or agent of Consultant. The Municipality shall be responsible for and shall defend, save, indemnify, and hold harmless Consultant, its officers, employees, representatives, and agents, from and against any and all claims, demands, suits, costs (including reasonable legal costs), expenses, and liabilities by reason of personal injury, Including bodily injury or death and/or property damage with respect to Claims to the extent that any such injury, loss or damage is caused by the negligence or material breach of any obligation under this Agreement by the Municipality or any officer, employee, representative, or agent of the Municipality. If either Party becomes aware of any incident likely to give rise to a Claim under the above indemnities, it shall notify the other and both Parties shall cooperate fully in investigating the incident. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANTS 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. Page 2 of 7 11. ASSIGNMENT Neither party shall assign all or part of its rights, duties, obligations, responsibilities, nor benefits set forth in this Agreement to another entity without the written approval of both Parties, consent shall not be unreasonably withheld. Consultant Is permitted to subcontract portions of the Services provided that Consultant give Municipality prior written notice of the persons or entities with which Consultant has subcontracted. Consultant remains responsible for any subcontractor's performance or failure to perform. Subcontractors will be subject to the same performance criteria expected of Consultant. Performance clauses will be included in agreements with all subcontractors to assure quality levels and agreed upon schedules are met. 12. INSURANCE A. Consultant agrees to procure and maintain, at its own cost, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by the Consultant pursuant to this Agreement. Such Insurance shall be in addition to any other Insurance requirements imposed by law. B. At a minimum, the Consultant shall procure and maintain, and shall cause any subcontractor of the Consultant to procure and maintain, the minimum insurance coverages listed below. Such coverages shall be procured and maintained with forms and insurers acceptable to the Municipality. in the case of any claims -made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. C. 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 6A 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. D. Worker's compensation insurance to cover obligations imposed by applicable law for any employee engaged in the performance of work under this Agreement, and Employer's liability insurance with minimum limits of one million dollars ($1,000,000) bodily Injury each accident, one million dollars ($1,000,000) bodily injury by disease — policy limit, and one million dollars ($1,000,000) bodily Injury by disease — each employee. Worker's compensation coverage in 'monopolistic' states Is administered by the Individual state and coverage is not provided by private insurers. Individual states operate a state administered fund of workers compensation insurance which set coverage limits and rates. Monopolistic states: Ohio, North Dakota, Washington, Wyoming. E. Commercial general liability insurance with minimum combined single limits of one million dollars ($1,000,000) each occurrence and two million dollars ($2,000,000) general aggregate. The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form property damage, personal injury (including coverage for contractual and employee acts), blanket contractual, independent Consultant's, and products. The policy shall contain a severability of interest provision, and shall be endorsed to include the Municipality and the Municipality's officers, employees, and consultants as additional insureds. F. Professional liability insurance with minimum limits of five million dollars ($5,000,000) each claim and five million dollars ($5,000,000) general aggregate. G. The Municipality shall be named as an additional insured on Consultant's and subcontractors' insurance coverage. H. Prior to commencement of the Services, Consultant shall submit certificates of insurance and endorsements acceptable to the Municipality. Page 3 of 7 13. INDEPENDENT CONTRACTOR The Consultant is an Independent contractor, and neither the Consultant, nor any employee or agent thereof, shall be deemed for any reason to be an employee or agent of the Municipality. As the Consultant Is an independent contractor, the Municipality shall have no liability or responsibility for any direct payment of any salaries, wages, payroll taxes, or any and all other forms or types of compensation or benefits to any personnel performing services for the Municipality under this Agreement. The Consultant shall be solely responsible for all compensation, benefits, insurance and employment-related rights of any person providing Services hereunder during the course of or arising or accruing as a result of any employment, whether past or present, with the Consultant, as well as all legal costs Including attorney's fees incurred in the defense of any conflict or legal action resulting from such employment or related to the corporate amenities of such employment. 14. THIRD PARTY RELIANCE This Agreement is intended for the mutual benefit of the Parties hereto and no third party rights are Intended or implied. 15. OWNERSHIP OF DOCUMENTS The Municipality shall retain ownership of all work product and deliverables created by Consultant pursuant to this Agreement. All records, documents, notes, data and other materials required for or resulting from the performance of the Services hereunder shall not be used by the Consultant for any purpose other than the performance of the Services hereunder without the express prior written consent of the Municipality. All such records, documents, notes, data and other materials shall become the exclusive property of the Municipality when the Consultant has been compensated for the same as set forth herein, and the Municipality shall thereafter retain sole and exclusive rights to receive and use such materials In such manner and for such purposes as determined by it. If this Agreement expires or is terminated for any reason, all records, documents, notes, data and other materials maintained or stored in Consultant's secure proprietary software pertaining to the Municipality will be exported into a CSV file and become property of the Municipality. The Municipality and Its duly authorized representatives shall have access to any books, documents, papers and records of the Consultant that are related to this Agreement for the purposes of audit or examination, other than the Consultant's financial records, and may make excerpts and transcriptions of the same. 16. DISCRIMINATION & ADA COMPLIANCE Consultant will not discriminate against any employee or applicant for employment because of race, color, religion, age, sex, disability, national origin or any other category protected by applicable federal or state law. Such action shall include but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, Including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notice to be provided by an agency of the federal government, setting forth the provisions of the Equal Opportunity laws. Consultant shall comply with the appropriate provisions of the Americans with Disabilities Act (the "ADA"), as enacted and as from time to time amended, and any other applicable federal regulations. A signed certificate confirming compliance with the ADA may be requested by the Municipality at any time during the term of this Agreement. 17. PROHIBITION AGAINST EMPLQYING ILLEGAL ALIENS: Consultant is registered with and is authorized to use and uses the federal work authorization program commonly known as E-Verify. Consultant's federal work authorization user Identification number Is 254821; authorization date of September 23, 2009. Consultant shall not knowingly employ or contract with an illegal alien to perform work under this Agreement and will verify immigration status to confirm employment oage4of7 eligibility. Consultant shall not enter into an agreement with a subcontractor that fails to certify to the Consultant that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Consultant is prohibited from using the E -Verify program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. 18. SOLICITATION/HIRING OF CONSULTANT'S EMPLOYEES During the term of this Agreement and for one year thereafter, Municipality shall not solicit, recruit or hire, or attempt to solicit, recruit or hire, any employee or former employee of Consultant who provided services to Municipality pursuant to this Agreement ("Service Providers"), or who interacted with Municipality in connection with the provision of such services (including but not limited to supervisors or managers of Service Providers, customer relations personnel, accounting personnel, and other support personnel of Consultant). The Parties agree that this provision is reasonable and necessary in order to preserve and protect Consultant's trade secrets and other confidential information, its investment in the training of its employees, the stability of its workforce, and Its ability to provide competitive building department programs in this market. If any provision of this section is found by a court or arbitrator to be overly broad, unreasonable in scope or otherwise unenforceable, the Parties agree that such court or arbitrator shall modify such provision to the minimum extent necessary to render this section enforceable. 19. NOTICES Any notice under this Agreement shall be in writing, and shall be deemed sufficient when directly presented In person or sent pre -paid, first class United States Mail, addressed as follows: If to the Municipality: If to the Consultant: Andrea Spencer, Director Community Gregory Toth, CRO Development Department SAFEbuilt, LLC City of Bremerton 3755 Precision Drive, Suite 140 345 6a' Street, Suite 600 Loveland, CO 80538 Bremerton, WA 98337 20. DISPUTE RESOLUTION In the event a dispute arises out of or relates to this Agreement, or the breach thereof, and if said dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation, before resorting to litigation or some other dispute resolution procedure. 21. ATTORNEY'S FEES In the event of dispute resolution or litigation to enforce any of the terms herein, each party shall pay all its own costs and attorney's fees. 22. AUTHORITY TO EXECUTE The person or persons executing this Agreement on behalf of the Consultant represents and warrants that he/she/they has/have the authority to so executed this Agreement and to bind the Consultant to the performance of its obligations hereunder. 23. GOVERNING LAW AND VENUE This Agreement shall be construed under and governed by the laws of the State of Washington and all services to be provided will be provided in accordance with applicable federal, state and local law. Any litigation shall be brought in Kitsap County Superior Court. 23. COUNTERPARTS This Agreement and any amendments may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. For purposes of executing this Agreement, scanned signatures shall be as valid as the original. This Agreenw% akM with anadsed eddb1M omstiums. dw complete entb and finid agremrwd of the Parties hexads vwih I to the subim matter hued, and shall supersede any and all pmer'km c=,nmunicallons, P I P 1 P I kil k whether oQai or wry with r+ to the subject matter hexed. InvaBdadun of any of the prvulskns of this Amt or any paragraph sentence, clmae phrase, or mood herein or the application thereof In any ghm n circumsu nue shall not affect the dafidity of airy odurr proton of thisAM eement. WahFer: Faihme 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 gall not be deemed waiver of any other right or power. IN WITNESS HEREOF, the undersigned have caused this Agreement to be executed in their respective names on the dates hereinafter enumerated. Date45 1 2-5* !2�&o rvt�Givff7/ SAFEbuilt Washington, L Sig Name: Gregory Toth Title: CRO Date: g 1. 23 - ---/ 17 EXHIBIT A — LIST OF SERVICES AND FEE SCHEDULE 1. UST OF SERVICES As-Reauested Plan Review Services ✓ Provide plan review services electronically or in the traditional paper format ✓ Review all plans, ensuring they meet adopted building codes and local amendments and/or ordinances ✓ Determine type of construction, use and occupancy classification using certified plans examiner ✓ Be a resource to applicants on submittal requirements and be available throughout the process ✓ Work with other departments on the concurrent review process ✓ Be available for pre -submittal meetings as warranted ✓ Be a resource for team members and provide support to field inspectors as questions arise in the field ✓ Coordinate plan review tracking, reporting, and interaction with applicable departments ✓ Provide feedback to keep plan review process on schedule ✓ Interpret legal requirements and recommend compliance procedures as well as address any issues by documented comment and correction notices ✓ Return a set of finalized plans and all supporting documentation ✓ Provide review of plan revisions and remain available to applicant after the review is complete Reporting Services We will work to develop a reporting schedule and format that meets your needs. We can provide monthly, quarterly, and annual reports summarizing activity levels; adherence to our performance metrics; and other Items that are of special interest to you. 2. MUNICIPAL OBLIGATIONS ✓ All fees will be collected by the Municipality ✓ Municipality will intake permits, plans and related documents for Consultant and have them available for Consultant on premises of the Municipality 3. TIME OF PERFORMANCE Services will be performed during normal business hours excluding Municipal holidays. ✓ Consultants representative will be available by cell phone and email ✓ Consultants representative will meet with the public by appointment Deliverables PLAN REVIEW Provide comments within the following timeframes: TURNAROUND Day 1= first full business day after receipt of plans and all supporting documentation Pro*ectType: First Comments Second Comments TIMES ✓ Single-family within 5 business days 5 business days or less ✓ Multi -family within 10 business days 5 business days or less ✓ Small commercial within 10 business days 5 business days or less (under $2M in valuation) ✓ Large commercial within 15 business days 10 business days or less 4. FEE STRUCTURE Consultant fees for Services provided pursuant to this Agreement will be as follows: As -Requested Service Fee Schedule: Not -to Exceed $20 000.00 annually Plan Review Services - excludes engineer review fees $100.00 per hour-- one (1) hour minimum Structural Engineering Plan Review $150.00 per hour - one (1 ) hour minimum — requires 1prior approval from both Parties AGENDA BILL CITY OF BREMERTON CITY COUNCIL 5G SUBJECT: Acceptance of a $300,000 Study Session Date: August 23, 2017 United States Environmental Protection COUNCIL MEETING Date: September 6, 2017 Agency (US EPA) Brownfields Community- Department: Community Wide Assessment and Area -Wide Planning Development Grant; and authorize 2017 Budget Presenter: Andrea Spencer Adjustment Phone: (360) 473-5283 SUMMARY: In November 2016 City Council approved Community Development to move forward with a US EPA Brownfields Community -Wide Assessment grant application. On May 31, 2017 the City of Bremerton received Notification of US EPA Brownfields Community -Wide Assessment and Area -Wide Planning grant award for $300,000 ($150,000 petroleum and $150,000 hazardous). This grant award will allow the City to develop a Brownfield Revitalization Program that will begin with an inventory and assessment of sites in the areas comprised of the Anderson Cove Neighborhood, Wheaton Way Corridor, Callow Avenue Corridor, Downtown Designated Blight Zone and potentially other areas within City limits as directed by the City. This award in the course of the three (3) year grant period, will create a site inventory, prioritize activities, create site-specific clean-up planning activities, and could help our community with development plans in areas that have been left untouched due to potential, perceived or existing environmental hazards. There is no matching requirement with these awarded funds. ATTACHMENTS: 1) US EPA Award letter to Mayor Lent 2) EPA Region 10 Official News Release 3) Grant Work Plan FISCAL IMPACTS (Include Budgeted Amount): No fiscal impact. There is no match requirement with this award. The motion amends the 2017 Budget to reflect an increase of $75,000 in revenue and expenditures as a result of the grant award. STUDY SESSION AGENDA: 0 No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑x Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to accept the $300,000 grant from the United States Environmental Protection Agency (US EPA) and authorize the Mayor to finalize and execute all documents necessary to secure the award and amend the 2017 budget to increase Community Development Grant Revenues by $75,000 and Professional Services Expenditures by $75,000. COUNCIL ACTION Form Updated 01/07/15 ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D.C. 20460 May 31, 2017 The Honorable Patty Lent Mayor of Bremerton Norm Dicks Government Center 345 6th Street, Suite 600 Bremerton, WA 98337-1873 Dear Mayor Lent: OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE NOW THE OFFICE OF LAND AND EMERGENCY MANAGEMENT On behalf of the United States Environmental Protection Agency (EPA), I am pleased to congratulate you and confirm that the City of Bremerton was selected as one of the entities EPA will begin negotiations with to award cooperative agreements for two assessment grants. The City of Bremerton submitted an outstanding grant proposal, and we deeply appreciate the tremendous commitment of time and energy that went into its preparation. Through the Small Business Liability Relief and Brownfields Revitalization Act of 2002, EPA is working to help states and communities around the country clean up and revitalize brownfield sites. We fully expect that these brownfield projects will provide benefits to the environment and economy of local communities. Susan Morales, your Regional Brownfields Contact, will work closely with the City of Bremerton to negotiate the cooperative agreements prior to the grant awards. Please contact Susan Morales at 206-553-7299 or morales.susan@epa.gov. Again, congratulations on being selected! We look forward to working with you. Sincerely, David R. Lloyd, Director Office of Brownfields and Land Revitalization cc: Susan Morales Internet Address (URL) * hitp://www,epa.gov Recycled/Recyclable a Printed with Vegelable Oil Based Inkson 100% Postconsumer, Process Chlorine Free Recycled Paper City of Bremerton Selected for $300,000 in Brownfields Assessment Grants I U.S. EPA N... Page 1 of 2 � 4PniE,• i,1EM16 News Releases from Region 10 City of Bremerton Selected for $300,000 in Brownfields Assessment Grants Program helps return blighted properties to productive reuse 05/31/2017 Contact Information: Judy Smith (smithJudyneya.gov) 503-326-6994 EPA has selected the City of Bremerton for two brown -Fields environmental site assessment grants totaling $300,000. With this funding, Bremerton will conduct up to fourteen brown -Field site assessments as an initial step towards cleaning up and redeveloping vacant and underutilized properties, transforming them into an asset for both the community and the local economy while protecting public health and the environment. "EPA is committed to working with communities to redevelop Brownfields sites which have plagued their neighborhoods. EPA's Assessment and Cleanup grants target communities that are economically disadvantaged and include places where environmental cleanup and new jobs are most needed," said EPA Administrator Scott Pruitt. "These grants leverage considerable infrastructure and other investments, improving local economies and creating an environment where jobs can grow. I am very pleased the President's budget recognizes the importance of these grants by providing continued funding for this important program." The City of Bremerton's grant funding will include $150,000 to assess sites contaminated with hazardous substances, and $150,000 for sites contaminated with petroleum. Grant funds will also be used to support community involvement activities, maintain and update a brownfields site inventory, and conduct area wide planning activities. "The City is extremely pleased that our community was selected to receive Brownfields Assessment Grant funding from the EPA," said Bremerton Mayor Patty Lent. "This grant will allow our community to redevelop areas that would have otherwise been impossible and encourage private investment that will result in the revitalization of our city. We believe that this funding will facilitate private property sales and new construction in some of our most blighted neighborhoods which will help make our community an even healthier place to live work and play." https://www.epa.gov/newsreleases/city-bremerton-selected-300000-brownfields-assessmen... 5/31/2017 City of Bremerton Selected for $300,000 in Brownfields Assessment Grants I U.S. EPA N... Page 2 of 2 Following the end of WWII, Bremerton went from a busy city of military operations to a hollow city with miles of abandoned commercial, industrial and business districts along its corridors. While Bremerton has been successful in revitalization planning efforts, lack of capital resources has severely hindered the City's ability to create shovel -ready sites and bring community visions to life. The brownfields grant funding will aid Bremerton's ability to attract new employers, strengthen existing businesses, create jobs and generate new tax and utility revenues. In 2015, the Bremerton City Council designated a portion of the downtown area a "blight zone." Investors repeatedly express interest in redeveloping this area but are deterred upon learning of potential environmental issues. The EPA Brownfields Assessment Grants will provide funding for the city to address questionable site contamination aiding eventual redevelopment for mixed residential and commercial use. Brownfields assessment and cleanup grants target communities with significant distress. These communities are economically disadvantaged -- neighborhoods where environmental assessment, cleanup and new jobs are most needed for residents that have historically been left behind. Bremerton is one of 172 communities selected nationally for new brownfields assessment and cleanup funding in 2017. Across the country, $56.8 million in funding will be granted. For more information about Brownfields Cleanup and Assessment Grants: www.epa.gov/brownfields To view fact sheets about the 2017 grant recipients: https://www.epa.gov/brownfields/brownfields- list-fy 17 -grants -selected -funding LAST UPDATED ON MAY 31, 2017 https://www.epa.gov/newsreleases/city-bremerton-selected-300000-brownfields-assessmen... 5/31/2017 BROWNFIELDS COMMUNITY -WIDE ASSESSMENT COOPERATIVE AGREEMENT WORK PLAN FOR City of Bremerton, Washington Fiscal Year 2017 Brownfields Assessment Grant for Sites Impacted by Hazardous Substances and Petroleum Anticipated Project Period: September 1, 2017 to August 31, 2020 Submitted on: June 22, 2017 (Draft Work Plan) July 24, 2017 (Final Work Plan) Submitted by: Alyce Fierro, Project Assistant (Brownfields Project Coordinator) 345 6th Street, Suite 600, Bremerton WA 98337 Phone: (360) 473-5269 Email: alyce.fierro@ci.bremerton.wa.us Lead Contact: Andrea L. Spencer, Community Development Director (Brownfields Project Manager) 345 6th Street, Suite 600, Bremerton WA 98337 Phone: (360) 473-5283 Email: andrea.spencer@ci.bremerton.wa.us Website: https://ci.bremerton.wa.us City of Bremerton, Washington Cooperative Agreement Work Plan July 24, 2017 TABLE OF CONTENTS 1.0 INTRODUCTION.................................................•---...---------------------------------------------------- 1 1.1 Project Description, Goals & Objectives.................................................................................1 1.2 Organizational Structure & Responsibilities............................................................................1 1.2.1 Key Personnel.............................................................................................................................. 1 1.2.2 Regulatory Agencies..................................................................................................................2 1.2.3 Consultant Team........................................................................................................................2 1.2.4 Brownfield Advisory Committee (BAC)....................................................................................3 1.2.5 Summary of Roles and Responsibilities by Project Task.........................................................3 1.3 Project Outputs & Outcomes....................................................................................................4 1.3.1 Project Outputs............................................................................................................................4 1.3.2 Project Outcomes............................................................................................._........................5 2.0 PROJECT TASK DESCRIPTIONS...................................................................................................6 2.1 Task 1: Project Management, Reporting & Other Eligible Activities .................................... 6 2.1.1 Project Management & Reporting Activities..........................................................................6 2.1.2 Task 1 Budget Detail ............................... _.................................................................................. 7 2.2 Task 2: Public Involvement....................................................................................................... 7 2.2.1 Public Outreach & Involvement Activities ............................... _............................................. 7 2.2.2 Project Updates & Other Public Information Activities ............................... _........................ 8 2.2.3 Task 2 Budget Detail...................................................................................................................9 2.3 Task 3 - Site Inventory, Prioritization & Eligibility ..................................................................... 9 2.3.1 Site Inventory & Prioritization Activities.............................................................. _..................... 9 2.3.2 Site Eligibility Determination (ED) Request Activities ............................... _............................ 10 2.3.3 Task 3 Budget Detail ............................... _............................................................ _.................. 11 2.4 Task 4 - Phase I ESAs...............................................................................................................12 2.4.1 Phase I ESA Activities................................................................................................................12 2.4.2 Task 4 Budget Detail............................................................................................._..................12 2.5 Task 5 - Phase II ESAs..............................................................................................................13 2.5.1 Quality Assurance Project Plan (QAPP) Activities ............................... _............................. ..13 2.5.2 Phase II ESA Activities............................................................................................._................13 2.5.3 Task 5 Budget Detail.................................................................................................................15 2.6 Task 6 - Site -Specific Cleanup Planning & Area -Wide Planning.......................................16 2.6.1 Site -Specific Cleanup Planning Activities.............................................................. _.............. 16 2.6.2 AWP Activities............................................................................................._.............................16 2.6.3 Task 6 Budget Detail.................................................................................................................17 3.0 SCHEDULE AND DELIVERABLES...............................................................................................18 4.0 BUDGET.....................................................................................................................................19 4.1 Budget Tables by Funding Type.............................................................................................19 4.2 Budget Narrative - Combined Hazardous Substances & Petroleum.................................20 4.2.1 Budget Detail by Task...............................................................................................................20 4.2.2 Budget Narrative by Expenditure Category .........................................................................20 5.0 PRE -AWARD COSTS & ACTIVITIES...........................................................................................21 City of Bremerton, Washington Cooperative Agreement Work Plan July 24, 2017 1.0 INTRODUCTION 1.1 Project Description, Goals & Objectives During Fiscal Year (FY) 2017, the United States Environmental Protection Agency (EPA) selected the City of Bremerton, Washington (referred to as "the City") as a recipient of Brownfield Community -Wide Assessment (CWA) Grant funding in the amount of $300,000 ($150,000 for hazardous substances and $150,000 for petroleum) to be used within a three-year period. The City is working to strengthen the local economy by attracting new, diverse industries; however, a surplus of brownfield sites have impeded this vision of recovery. Grant funding will allow the City to develop a Brownfield Revitalization Program (referred to as the "Project") which will begin with an inventory and assessment of sites in the target areas comprised of the Anderson Cove Neighborhood, Wheaton Way Corridor, Callow Avenue Corridor, and Designated Blight Zone. The City will also examine sites outside of the target areas and within City limits, as appropriate, to further local economic goals. The City will engage the community throughout the Project to prioritize revitalization opportunities in accordance with established community plans and objectives. The Project will include assessment activities at priority brownfield sites, including Phase I Environmental Site Assessments (ESAs; up to 8) and Phase II ESAs (up to 4), which may include regulated building materials (asbestos/lead) surveys. The project will also include preparation of site-specific Analysis of Brownfields Cleanup Alternatives (ABCAs) and/or Cleanup Action Plans (CAPs) (up to 2) and area -wide planning (AWP) activities for up to one priority brownfield-impacted area. To get a quick -start on the project, the City requests the approval of $15,000 of pre -award costs and a project start date of September 1, 2017 for this Cooperative Agreement (CA). A detailed breakdown of pre -award costs and activities is provided in Section 5.0. 1.2 Organizational Structure & Responsibilities In the following sections we describe the roles and responsibilities of key personnel and organizations supporting this project. 1.2.1 Key Personnel The City will be responsible for all administrative and programmatic tasks, including preparing and submitting quarterly, annual, and final program reports in compliance with the program requirements and the CA. The City has identified two experienced project managers to fulfil the roles of Brownfields Project Manager (Ms. Andrea Spencer, Community Development Director) and Brownfields Project Coordinator (Ms. Alyce Fierro, Project Assistant). • Andrea SDencer, Community Develocment Director, City of Bremerton: Andrea will be the Brownfields Project Manager and main point -of -contact for this project. She has over 18 years of experience in local government planning, the last 11 of which have been at Bremerton. She manages the annual Community Development Block Grant (CDBG) federal funding program and all land use planning, building and environmental review Page 1 City of Bremerton, Washington Cooperative Agreement Work Plan July 24, 2017 for the City. She has led large planning efforts for interjurisdictional land use planning, engaged with citizens and special interest groups in the development of Comprehensive Plans, led changes to the City's Critical Areas Ordinance and Shoreline Master Programs without appeals, and spearheaded efforts to target the City's CDBG funding to abate downtown blight. Andrea's project management expertise is an asset to successful project execution and her role as the City's Community Development Director provides her with a comprehensive understanding of ongoing planning/redevelopment efforts and the ability to identify opportunities for leveraging concurrent grants and projects. • Alyce Fierro, Project Assistant, City of Bremerton: As the Brownfields Project Coordinator, Alyce will be responsible for overseeing administrative and financial reporting tasks (i.e. schedule/budget tracking, compliance reporting to EPA); executing outreach campaigns and organizing public events; ensuring the project webpage is maintained and informational materials are up-to-date; and serving as the public's primary point -of - contact for questions/comments. Alyce has over 15 years of project management experience and 12 years of experience managing municipal grants. She has extensive experience coordinating public outreach/involvement efforts and administrative tasks to comply with grant requirements (e.g. financial and progress reporting). Contact information for the individuals identified above is provided below. Personnel Name & Title Project Role Contact Info Andrea Spencer Project Manager (360) 473-5283 Community Development Director andrea.spencer@ci.bremerton.wa.us Alyce Fierro Project Assistant I Project Coordinator (360) 473-5269 alyce.fierro@ci.bremerton.wa.us 1.2.2 Regulatory Agencies The City will work closely with the EPA and Washington State Department of Ecology (Ecology) to achieve Project objectives, maintain budgets and schedules, and prepare plans and reports. The City will coordinate with EPA and Ecology to establish site eligibility and enroll hazardous substance and petroleum brownfield sites in appropriate cleanup programs (e.g. leaking underground storage tank [LUST] or Voluntary Cleanup Program [VCP]). The City will coordinate with Ecology and EPA (as needed) for technical support, resolution of regulatory/procedural issues, and interpretation of rules/guidance documents. Ecology will provide review and approval of Cleanup Action Plans (CAPs) for sites requiring remedial action. 1.2.3 Consultant Team The City routinely contracts engineering and consulting services and has management and procurement procedures in place to acquire these services through a competitive qualifications and evaluation and/or bidding process. In advance of the grant application, the City undertook a qualifications -based procurement and evaluation process, consistent with applicable federal procurement rules (2 CFR 200.317 - 200.326 and 2 CFR Part 1500). The City solicited qualified consulting firms through a competitive public Request for Qualifications Page 2 City of Bremerton, Washington Cooperative Agreement Work Plan July 24, 2017 (RFQ) seeking support for the Project. A panel of City staff reviewed the proposals. In the fall of 2016, a team led by Stantec Consulting Services Inc. ("the Consultant") was selected by the City to provide technical and project management assistance. 1.2.4 Brownfield Advisory Committee (BAC) The City has received commitment from community stakeholders for participation on a BAC. The BAC will serve as the Project steering committee and will be comprised of representatives from community organizations, state and local government agencies, environmental and health organizations, property/business owners, real estate professionals, community members, and other stakeholders. 1.2.5 Summary of Roles and Responsibilities by Project Task Brownfield assessment funding from EPA will be used to cover the costs of activities in direct support of brownfields sites as defined under CERCLA 101(39). The overall coordination of the Project will be carried out by Andrea Spencer with assistance from Alyce Fierro. Technical assistance and oversight will be performed by the Consultant and Ecology. An overview of the Project tasks and lead entities for each task is provided below. Task 1 - Project Management, Reporting & Other Eligible Program Activities: This task will be carried out by the City with assistance from the Consultant. • Task 2 - Public Involvement: This task will be carried out by the City with assistance from the BAC and Consultant. Task 3 - Site Inventory, Prioritization & Eligibility: This task will be facilitated by the Consultant with assistance from the City and BAC. The City and BAC will develop the prioritization criteria and approve the prioritization process. Eligibility Determination (ED) requests for use of hazardous substances grant funds will be submitted to EPA for approval. ED requests for use of petroleum grant funds will be submitted to Ecology for approval. • Task 4 - Phase I Environmental Site Assessments (ESAs): This task will be carried out by the Consultant with assistance from the City. Task 5 - Phase II ESAs: This task will be carried out by the Consultant with assistance from the City. Task 6 - Analysis of Brownfield Cleanup Alternatives (ARCA), Cleanup Action Plans (CAPs) & Area -Wide Planning (AWP): This task will be carried out by the Consultant with assistance from the City and BAC. Page 3 City of Bremerton, Washington Cooperative Agreement Work Plan July 24, 2017 1.3 Project Outputs & Outcomes 1.3.1 Project Outputs The City will inventory and assess hazardous substance and petroleum brownfields within the community to catalyze cleanup and revitalization of priority sites. The City anticipates specific outputs to include the following: Task 1 - Project Management Reporting & Other Eligible Program Activities • Prepare Quarterly Progress Reports (APRs). • Prepare annual Disadvantaged Business Enterprise (DBE) Reports. • Update property profiles in Assessment, Cleanup and Redevelopment Exchange System (ACRES). • Prepare final DBE Report, Federal Financial Report (FFR)and Project Close -Out Report. Task 2 - Public Involvement • Coordinate and conduct meetings with the BAC, developers, property owners, other stakeholders, and the general public. • Solicit, discuss and implement meaningful public input into the grant processes. • Prepare and publish public notices. • Prepare meeting materials, presentations and meeting minutes. • Prepare and distribute Project fact sheets and other informational materials. • Develop and regularly update a Project -specific webpage. Task 3 - Site Inventory, Prioritization L Eligibility • Complete an inventory of potential brownfield sites in the target areas. • Incorporate portions of the inventory into existing GIS database(s). • Prioritize sites for assessment and/or cleanup/reuse planning activities. • Prepare site-specific eligibility determination (ED) requests for priority sites for submittal to EPA (hazardous substance sites) and/or Ecology (petroleum sites). Task 4 - Phase I ESAs • Obtain Access Agreements for sites prioritized for Phase I ESAs. • Prepare Health and Safety Plans (HASPs) for sites selected for Phase I ESAs. • Complete Phase I ESAs in compliance with ASTM E1527-13 at up to 8 high priority brownfield sites (-4 each for hazardous substance and petroleum impacted sites). Page 4 City of Bremerton, Washington Cooperative Agreement Work Plan July 24, 2017 Task 5 - Phase II ESAs • Develop a comprehensive Quality Assurance Project Plan (QAPP). • Obtain Access Agreements for sites prioritized for Phase II ESAs. • Prepare HASPs, Site -Specific Sampling and Analysis Plans (SSSAPs) and Section 7 and 106 consultations for sites selected for Phase II ESAs. • Complete Phase II ESA and/or supplemental assessment activities at up to 4 high-priority brownfields sites (-2 each for hazardous substances and petroleum impacted sites). Task 6 - ABCAs. CAPS & AWP • Prepare site-specific analysis of brownfield cleanup alternatives (ABCAs) and/or cleanup action plans (CAPs) at up to 2 high-priority brownfields sites (-1 each for hazardous substances and petroleum impacted sites). • Conduct area -wide planning (AWP) for up to one priority brownfield area (impacted by hazardous substances and petroleum) identified through the inventory and outreach process. 1.3.2 Project Outcomes Grant funding will allow the City to build a Brownfield Revitalization Program. The City will develop the organizational infrastructure to enhance the processes for assessing, remediating, and catalyzing brownfield redevelopment. Other key objectives include raising awareness of brownfields and brownfield redevelopment tools; spurring private investment and creating jobs through development projects on brownfield sites; and reducing threats to human health and the environment. The following types of potential outcomes will be tracked on a quarterly basis for sites where EPA grant funds are used: • Number of potential brownfield sites identified/prioritized. • Number of sites and acres for which Phase I ESAs are performed. • Number of sites and acres for which Phase II ESAs are performed. • Incorporation of green and sustainable assessment and remediation (GSR) techniques that are applicable to Phase II ESA activities. • Number of sites and acres for which remedial planning is performed. • Numbers of sites for which property title transfers are facilitated. • Acres of land redeveloped and square footage of buildings positioned for adaptive reuse. • Acres of parks or green space created. • Amount of additional public and private investment leveraged. • Amount of other funding leveraged. • Number of jobs created or retained. • Number of community meetings held. Page 5 City of Bremerton, Washington Cooperative Agreement Work Plan July 24, 2017 2.0 PROJECT TASK DESCRIPTIONS In the following sections we include descriptions of the activities anticipated for each task as well as a detailed breakdown of the budget associated with each task. The budget includes an average rate of $150/hour for contractual services. As stated in our grant application, the City has elected not to use grant funding for personnel labor and fringe or other costs and will only use grant funding for contractual costs. A description of requested pre -award activities and costs is provided in Section 5.0. 2.1 Task 1: Project Management, Reporting & Other Eligible Activities 2.1.1 Project Management & Reporting Activities Objective: Manage the Project in accordance with EPA requirements and CA terms and conditions. Lead: The City is responsible for overall project management and will direct all Consultant activities, regularly monitor the schedule and budget for each task, handle all correspondence with EPA, and host project check-in meetings (as needed) with the EPA Project Officer. The City will facilitate regularly scheduled, bi-monthly project check-in meetings with the Consultant to monitor project progress and ensure agreed upon activities are moving forward on schedule and within budget. (More frequent check-in meetings will be hosted as needed during times of high activity.) As directed by the City, the Consultant will assist with compliance reporting activities such as Quarterly Progress Reports, Annual Disadvantaged Business Enterprises (DBE/MBE/WBE) Reports, and Project Close -Out Reports. Milestones. Deliverables & Schedule: • The Brownfields Project Manager (Andrea Spencer) with support from the Brownfields Project Coordinator (Alyce Fierro) will coordinate grant activities with the Consultant and BAC and will serve as liaison to Ecology, EPA and other stakeholders. • Records will be created and maintained for each property that receives grant funds (i.e. documentation of where/how grant funds are used and property profiles updated in ACRES). Property profiles will be completed and updated quarterly in ACRES for each property where grant funds are expended. • Progress reports will be prepared and submitted to EPA on a quarterly basis [due within 30 days of the end of each federal fiscal quarter ending December, March, June, and September (i.e. reports will be submitted by January 30, April 30, July 30, and October 30)]. These reports will describe the progress made for each task defined in this Work Plan and additional information as required in EPA's CA Terms and Conditions. The reports will be submitted electronically to the EPA Project Officer unless another arrangement is discussed and approved by EPA. • Disadvantaged Business Enterprises (DBE/MBE/WBE) Reports will be prepared and submitted to EPA annually within 30 days of the end of the fiscal year ending in September (i.e. reports will be submitted by October 30). Page 6 City of Bremerton, Washington Cooperative Agreement Work Plan July 24, 2017 • A final Project Close -Out Report, DBE Report and Federal Financial Report (FFR) will be completed and submitted (electronically) to the EPA Project Officer within 90 calendar days (or sooner) following the expiration or termination of the award. The final report will contain the same information as the Quarterly Progress Reports, but will cover the entire Project period. In addition, the final performance report will specifically address lessons learned, successes achieved, and Project fact sheet and/or other information on project success stories. 2.1.2 Task 1 Budget Detail Task 1 Budget Detail by Activity Description Units Cost per Unit Total Project Management & Reporting -- -- -- Contractual (Hazardous Substances) 94 hours $150/hour $14,100 Contractual (Petroleum) 94 hours $150/hour $14,100 Hazardous Substances Budget -- -- $14,100 Petroleum Budget -- -- $14,100 Total Budget (Hazardous Substances & Petroleum) -- -- $28,200 Task 1 Budget Detail by Funding Type Funding Type Personnel Labor & Fringe Contractual Other Total Hazardous Substances Budget $0 $14,100 $0 $14,100 Petroleum Budget $0 $14,100 $0 $14,100 Total Budget (Hazardous & Petroleum) $0 $28,200 $0 $28,200 2.2 Task 2: Public Involvement 2.2.1 Public Outreach & Involvement Activities Objective: Ensure community concerns are considered and inform assessment planning and execution. Lead: The City will lead public outreach with support from the Brownfield Advisory Committee (BAC) and Consultant, as needed. Milestones & Deliverables: • Convene the BAC. • Coordinate and conduct at least six meetings with the BAC, stakeholders, and the public to solicit input, publicize the program and promote community and property -owner participation. Page 7 City of Bremerton, Washington Cooperative Agreement Work Plan July 24, 2017 • Prepare and make publicly available a Site Nomination Form to solicit community input regarding identification and prioritization of sites of concern and to identify sites where environmental contamination (real or perceived) may be limiting redevelopment/reuse and business expansion. Estimated Submittal/Completion Dates: • September 2017: Develop Site Nomination Form. • January 2018: Convene the BAC composed of community organizations and other stakeholders identified during the grant application process to plan and guide community outreach efforts. BAC meetings will be ongoing throughout the Project (with a minimum of one per year). • February 2018: Host the first Public Open House/Meeting. Public meetings will be ongoing throughout the Project (with a minimum of one per year). Note: The meeting dates provided above are estimates and may change to coordinate BAC and/or public meetings with other relevant project meetings hosted by the City. 2.2.2 Project Updates & Other Public Information Activities Objective: Ensure the community is kept informed of Project goals, methods, and progress and ensure the public is provided opportunity for meaningful participation. Lead: The City will lead this task with support from the BAC and Consultant. As directed by the City, the Consultant will prepare project fact sheets and other informational materials for the project webpage. Milestones & Deliverables: • Project webpage will be developed and updated throughout the life of the Project. • Fact sheets (specific to property owners and the general public) will be prepared and distributed at the beginning of the Project, if there are new developments, and after the assessment is complete. They will be distributed at the first community meeting and made available on the project webpage. • A Process Guide will be prepared to inform property owners of what to expect should grant -funded Phase I and/or II ESA activities be approved for their property. • Press releases will be used to inform the public of the project, announce key milestones, and upcoming meeting dates. • Meeting minutes, handouts and presentations will be prepared for all BAC and community outreach meetings and will be made available on the project webpage. Estimated Submittal/Completion Dates: • Summer 2017: Publish article/press release announcing EPA grant award. • September 2017: Develop Project fact sheets for community members and stakeholders, Process Guide for property owners, and webpage content. • Fall/Winter 2017: Publish Project webpage and update throughout the life of the Project. Page 8 2.2.3 Task 2 Budget Detail City of Bremerton, Washington Cooperative Agreement Work Plan July 24, 2017 Task 2 Budget Detail by Activity Description Unh Cost per Unit Total Public Outreach & Involvement -- -- -- Contractual (Hazardous Substances) 50 hours $150/hour $7,500 Contractual (Petroleum) 50 hours $150/hour $7,500 Project Updates & Other Public Information -- -- -- Contractual (Hazardous Substances) 30 hours $150/hour $4,500 Contractual (Petroleum) 30 hours $150/hour $4,500 Hazardous Substances Budget -- -- $12,000 Petroleum Budget -- -- $12,000 Total Budget (Hazardous Substances & Petroleum) -- -- $24,000 Task 2 Budget Detail by Funding Type Funding Type Personnel Labor & Fringe Contractual Other Total Hazardous Substances Budget $0 $12,000 $0 $12,000 Petroleum Budget $0 $12,000 $0 $12,000 Total Budget (Hazardous & Petroleum) $0 $24,000 $0 $24,000 2.3 Task 3 - Site Inventory, Prioritization & Eligibility 2.3.1 Site Inventory & Prioritization Activities Objective: Build a GIS -based inventory of brownfield sites in the target areas as a foundation for identifying priority cleanup and redevelopment opportunity sites, reaching out to owners, and selecting sites for assessment. The data may be integrated with other databases to better relate the presence of brownfields to various economic impacts and/or health data. The following activities may be completed as part of the inventory: • Identify environmental records for all sites in the target areas listed in EPA, Ecology and/or local environmental databases; • Review select City, County and State records that are potentially relevant to identifying brownfields (including occupancy and other permits, tax delinquency status, building code violations, Loopnet, assessors data, and sites identified in recent plans and studies); • Review available historical Sanborn Fire Insurance Maps, aerial photographs, topographic maps, city directories and/or other sources of information to identify historic sites which have a significant potential for impacts; Page 9 City of Bremerton, Washington Cooperative Agreement Work Plan July 24, 2017 • Survey local real estate industry representatives for information on sites in the target areas; • Conduct tours/inspections throughout the target areas to identify blighted or vacant potential Brownfield sites that are not recorded in existing databases or identified by recent plans/studies; and • Review other State and County records to verify that all sites with known or suspected impacts or threats to public health are included in the evaluation/prioritization process. Following inventory activities, sites will be prioritized for assessment and/or cleanup/redevelopment planning. The following criteria will be analyzed when prioritizing sites: • economic development potential/opportunities; • known or suspected threats to public health; • sites identified in existing community planning documents; • degree of known or suspected environmental impacts; • degree of blight or underutilization; • tax delinquency status; • community concerns; and • social, demographic and health data (as available) within the immediate vicinity of the site. Lead: At the direction of the City, the Consultant will lead technical activities associated with the inventory with support from the City and the BAC. The City will lead site prioritization activities with support from the BAC. Milestones & Deliverables: • GIS -based comprehensive inventory of potential brownfield sites within target areas. • GIS maps of potential brownfields sites, as needed, for planning and property redevelopment marketing. • Brownfield inventory report documenting inventory and prioritization methods. Estimated Submittal/Completion Dates: • Spring 2018: Initial inventory and ranking completed (to be updated throughout Project). 2.3.2 Site Eligibility Determination (ED) Request Activities Objective: The Consultant will prepare ED requests for sites prioritized for assessment and/or cleanup planning activities. Site ED requests will be submitted to the EPA Project Officer using the supplied request form. Site eligibility will be reviewed by the EPA Project Officer (for hazardous substance sites) and/or Ecology (for petroleum sites) for concurrence prior to initiating any site-specific work. Page 10 City of Bremerton, Washington Cooperative Agreement Work Plan July 24, 2017 Lead: The City will lead ED Request activities with support from the Consutlant to prepare ED Forms for submittal to EPA (for hazardous substances and petroleum sites) and Ecology (for petroleum sites). Milestones and Deliverables: Deliverables include completed/approved ED forms. Estimated Submittal/Completion Dates: ED requests will be prepared and submitted to EPA and Ecology throughout the grant period. The first ED request is estimated to be completed in winter of 2017/2018. 2.3.3 Task 3 Budget Detail Task 3 Budget Detail by Activity Description Units Cost per Unit Total Site Inventory & Prioritization -- -- -- Contractual (Hazardous Substances) 80 hours $150/hour $12,000 Contractual (Petroleum) 80 hours $150/hour $12,000 ED Requests for Priority Sites -- -- -- Contractual (Hazardous Substances) 30 hours $150/hour $4,500 Contractual (Petroleum) 30 hours $150/hour $4,500 Hazardous Substances Budget -- -- $16,500 Petroleum Budget -- -- $16,500 Total Budget (Hazardous Substances & Petroleum) -- -- $33,000 Task 3 Budget Detail by Funding Type FundingT Type Personnel Labor & Fringe Contractual Other Total Hazardous Substances Budget $0 $16,500 $0 $16,500 Petroleum Budget $0 $16,500 $0 $16,500 Total Budget (Hazardous & Petroleum) $0 $33,000 $0 $33,000 Page 11 City of Bremerton, Washington Cooperative Agreement Work Plan July 24, 2017 2.4 Task 4 — Phase I ESAs 2.4.1 Phase I ESA Activities Objective: Evaluate past and current site uses to assess potential for environmental contamination. Phase I ESAs will support property transfers and eventual redevelopment, and provide information for evaluating the need for Phase II ESAs and cleanup. The City anticipates conducting Phase I ESAs on up to 8 sites (-4 each at hazardous substance and petroleum impacted sites). The Consultant will complete Phase I ESAs in accordance with ASTM Practice E1527-13. The City will contact site owners and negotiate access agreements. The ACRES database will be updated following completion of each Phase I ESA. Lead: The City will execute Access Agreements with property owners. The Consultant will lead Phase I ESA technical activities at priority sites selected by the City and the BAC. The City will assist with data acquisition and report review and distribution. Milestones and Deliverables: Deliverables include site-specific Health and Safety Plans (HASPs) and Phase I ESA reports. Estimated Submittal/Completion Dates: Phase I ESA reports will be prepared throughout the grant period. The first Phase I ESA report is estimated to be completed in spring of 2018. 2.4.2 Task 4 Budget Detail Task 4 Budget Detail by Activity Description Units Cost per Unit Total Phase I ESAs Hazardous Substances Budget $0 $20,000 Contractual (Hazardous Substances) -4 sites $5,000/site $20,000 Contractual (Petroleum) -4 sites $5,000/site $20,000 Hazardous Substances Budget -- -- $20,000 Petroleum Budget -- -- $20,000 Total Budget (Hazardous Substances & Petroleum) -- -- $40,000 Task 4 Budget Detail by Funding Type FundingT Type Personnel Labor & Fringe Contractual Other Total Hazardous Substances Budget $0 $20,000 $0 $20,000 Petroleum Budget $0 $20,000 $0 $20,000 Total Budget (Hazardous & Petroleum) $0 $40,000 $0 $40,000 Page 12 City of Bremerton, Washington Cooperative Agreement Work Plan July 24, 2017 2.5 Task 5 - Phase II ESAs 2.5.1 Quality Assurance Project Plan (QAPP) Activities Objective: Establish quality assurance/quality control (QA/QC) procedures applicable throughout the life of the grant -funded Project. Before beginning Phase II ESA work, both the City and the Consultant will participate in a pre-QAPP conference call with EPA, if required. A draft comprehensive (i.e. not site-specific) QAPP be prepared and submitted to EPA and Ecology (if desired) for review and approval. The Consultant will finalize the QAPP once EPA has reviewed and provided comments on the draft. Lead: The Consultant will prepare the comprehensive QAPP and the City will review and approve the draft prior to submittal to EPA. Milestones & Deliverables: Draft and Final Comprehensive QAPP. Annual QAPP Revisions. Estimated Submittal/Completion Dates: • January 2017: Draft QAPP submitted to EPA for review. • March/April 2018: Final QAPP completed (pending EPA review time). 2.5.2 Phase II ESA Activities Objective: Collect environmental sampling data to assess conditions, evaluate risks to human health and the environment, prepare for cleanup planning, and facilitate property transfers and redevelopment. The City anticipates conducting Phase II ESAs on up to 4 sites (-2 each at hazardous substance and petroleum impacted sites) where the Phase I ESAs or other available information suggests that additional investigation is warranted. Phase II ESA activities are anticipated to include soil, groundwater, soil vapor, and regulated building materials sampling and analysis, and reporting. SSSAPs and HASPs addressing each property where Phase II ESA work is anticipated will be submitted to EPA for review prior to conducting any field activities. For each Phase II ESA to be conducted, the Consultant will also provide information to the City to help fulfill EPA's requirements under the Endangered Species Act Section 7 and the National Historic Preservation Act Section 106 (NHPA). The information will include the location of the Project, any threatened or endangered species or habitat that may be affected by the Project, whether a site is of concern to the State Historic Preservation Officer (SHPO), a list of Tribes who might believe the Project could disturb cultural resources, and an evaluation as to whether cleanup/redevelopment plans could have adverse effects on endangered or cultural resources. The ACRES database will be updated following completion of each Phase II ESA. Page 13 City of Bremerton, Washington Cooperative Agreement Work Plan July 24, 2017 Lead: The City will execute Access Agreements with property owners. The Consultant will lead Phase II ESA technical activities at priority sites selected by the City and the BAC. The City will assist with data acquisition and report review and distribution. Page 14 City of Bremerton, Washington Cooperative Agreement Work Plan July 24, 2017 Milestones and Deliverables: • EPA -approved SSSAPs • Site-specific HASPs • Phase II ESA Report(s) • Updated ACRES database • Green and sustainable efforts updates (included in quarterly reporting) • Section 7 and NHPA consultations (as necessary) Task 3 (Phase II ESA Subtask) Estimated Submittal/Completion Dates: • Summer/Fall 2018: Phase II ESA fieldwork underway at first site. • Fall 2018/Winter 2019: First Phase II ESA report(s) completed (ongoing throughout Project). 2.5.3 Task 5 Budget Detail Task 5 Budget Detail by Activity Description Units Cost per Unit Total Comprehensive QAPP -- -- -- Contractual (Hazardous Substances) 0.5 $6,000/QAPP $3,000 Contractual (Petroleum) 0.5 $6,000/QAPP $3,000 Phase II ESAs -- -- -- Contractual (Hazardous Substances) -2 sites $29,000/site $58,000 Contractual (Petroleum) -2 sites $29,000/site $58,000 Hazardous Substances Budget -- -- $61,000 Petroleum Budget -- -- $61,000 Total Budget (Hazardous Substances & Petroleum) -- -- $122,000 Task 5 Budget Detail by Funding Type Funding Type Personnel Labor & Fringe Contractual Other Total Hazardous Substances Budget $0 $63,000 $0 $61,000 Petroleum Budget $0 $63,000 $0 $61,000 Total Budget (Hazardous & Petroleum) $0 $126,000 $0 $122,000 Page 15 City of Bremerton, Washington Cooperative Agreement Work Plan July 24, 2017 2.6 Task 6 - Site -Specific Cleanup Planning & Area -Wide Planning 2.6.1 Site -Specific Cleanup Planning Activities Objective: Prepare site-specific ABCAs and/or CAPs for up to 2 sites (-1 each for hazardous substances sites and petroleum impacted sites) to address contamination, risks to human health and the environment, and support brownfield redevelopment. The City will conduct cleanup and redevelopment planning as required by Ecology and/or EPA for brownfields where redevelopment is imminent and such activities will move redevelopment forward. Planning may include preparation of ABCAs and/or CAPs. The plans/reports will describe detected contamination; conceptual site models; site-specific remedial action objectives; state and federal cleanup regulatory requirements; and evaluation of institutional and engineering controls. Stakeholder meetings will be held, as needed, to develop and review the most appropriate and effective remedial options for each selected brownfield site and redevelopment. The City and environmental Consultant will work closely with Ecology and EPA when considering options for cleanup planning. Grant funds may be used to manage the Public Notice and comment period for any ABCAs prepared using grant funding, including documentation of significant comments received and how they were/are being responded to. This task also includes site reuse planning, which may include a variety of activities to identify potential future uses. These eligible activities may include market research and a variety of community outreach activities (such as design charrettes), which are specifically referenced as eligible activities under EPA community -wide assessment grants. Any "site-specific" reuse planning activities will be performed only on those parcels confirmed to meet the eligibility requirements. Lead: At the direction of the City, the Consultant will lead technical activities for sites prioritized by the City and the BAC. The City will support data acquisition, planning, and deliverable review and distribution. Milestones & Deliverables: Deliverables for this task will be site-specific ABCAs and/or CAPS. Estimated Submittal/Completion Dates: • Summer 2019: First written site-specific ABCA/CAP complete. 2.6.2 AWP Activities Objective: Identify potential future uses for up to one targeted brownfields area (impacted by hazardous substances and petroleum) and develop strategies to facilitate the reuse of existing infrastructure, as well as identifying potential infrastructure investments needed to accommodate alternative future uses. With support from the City and the BAC, the Consultant will develop up an AWP document for up to one target area to be determined during outreach and inventory activities. AWP activities will be tailored to each focus area and may include market analysis, existing Page 16 conditions/infrastructure community visioning implementation plan. City of Bremerton, Washington Cooperative Agreement Work Plan July 24, 2017 evaluation studies, site-specific reuse planning for catalyst sites, and exercises to inform a common redevelopment strategy and AWP efforts may include a variety of community outreach activities (such as design charrettes), which are also specifically referenced as eligible activities under EPA Brownfields Assessment Grants. Any reuse planning activities that are "site-specific" will be performed only on those parcels that are confirmed to meet the eligibility requirements. Lead: At the direction of the City, the Consultant will lead technical activities for sites prioritized by the City and the BAC. The City will lead public outreach actvitivies with support from the BAC and Consultant. The City will review and distribute deliverables. Milestones & Deliverables: Brownfields AWP. Estimated Submittal/Completion Dates: e July 2020: Anticipated completion date for AWP. 2.6.3 Task 6 Budget Detail Task 6 Budget Detail by Activity Description Units Cost per Unit Total Site -Specific ABCAs/CAPs -- -- -- Contractual (Hazardous Substances) -1 site $9,000/site $9,000 Contractual (Petroleum) -1 site $9,000/site $9,000 AWP -- -- -- Contractual (Hazardous Substances) -0.5 area $34,800/area $17,400 Contractual (Petroleum) -0.5 area $34,800/area $17,400 Hazardous Substances Budget -- -- $26,400 Petroleum Budget -- -- $26,400 Total Budget (Hazardous Substances & Petroleum) 1-- -- $52,800 Task 6 Budget Detail by Funding Type Funding Type Personnel Labor & Fringe Contractual Other Total Hazardous Substances Budget $0 $26,400 $0 $26,400 Petroleum Budget $0 $26,400 $0 $26,400 [Total Budget (Hazardous & Petroleum) $0 $52,800 $0 $52,800 Page 17 City of Bremerton, Washington Cooperative Agreement Work Plan July 24, 2017 3.0 SCHEDULE AND DELIVERABLES The table below summarizes the anticipated deliverable schedule (assuming a project start date of September 1, 201 7) and the agency/office each will be submitted to. DUE DATE ITEM EPA PO STATE EPA EPA GRANTS FINANCE ■ Kick-off/pre-QAPP meeting with Consultant and EPA. ■ Preliminary inventory work. ■ Develop project fact sheets and webpage content. Months 1-4 ■ Develop Site Nomination Form and X (Sept. -Dec. 2017) Access Agreement Template. ■ Develop comprehensive QAPP. ■ Establish access into ACRES. (Property Profile Forms will be entered into ACRES as property specific projects are completed.) ■ BAC Kick -Off Meeting (meetings will be ongoing with a minimum of Month 5 one/year) (Jan. 2018) - Quarterly Progress Report (QPR) #1 for X period 09/01/17-12/31/17 (forpre- awardand 1 Q18 activities) - continue quarterly for as long as needed Month 5 (Jan. 2018) Submit Draft QAPP for approval X X Month 6 First public meeting (meetings will be X (Feb. 2018) ongoing with a minimum of one/year) Months 7-8 Finalize comprehensive QAPP per (Mar. -Apr. 2018) agency comments (a SSSAP will be X X prepared for each property assessed) Month 9 Inventory developed & Site Selection X (May 2018) Criteria set Month 10 (June 2018) Top sites selected X Ongoing - At least X 30 days before assessment is ED approval requested & confirmed X (for petroleum scheduled to begin sites only) ■ Site Access Agreements Before fieldwork ' HASP begins • Section 7/NHPA Letters (not required X for Phase I ESA) ■ SSSAP ■ Phase I & II ESA Reports X (CAPs for sites Ongoing ■ ABCA/CAP Reports X requiring remedial ■ AWP Report action) Page 18 City of Bremerton, Washington Cooperative Agreement Work Plan July 24, 2017 DUE DATE ITEM EPA PO STATE EPA EPA $0 $14,100 $0 $14,100 GRANTS FINANCE $12,000 DBE Report (MBE/WBE) $12,000 3) Site Inventory, Prioritization & Eligibility $0 $16,500 $0 Reports will be submitted annually by 4) Phase I ESAs $0 $20,000 $0 Annually October 30th of each year. x $61,000 x $61,000 6) ABCAs, CAPs & AWP For forms & more information, visit: (copy) $0 $26,400 Total Budget (Hazardous Substances) $0 https://www.epa.gov/resources-small- $0 $150,000 businesses As Needed Requests for Reimbursement - see x Administrative Terms & Conditions Month 38 Fact Sheet - Assessment results x Final DBE & Federal Financial Reports (FFR; SF425) & Final Drawdown Months 38 - 41 For forms & more information, visit: (� Py) (� Py) x https:/Iw�ww. ep a.gavlgrantslepa- grantee-farms Closeout: Final Performance Report with Months 38 - 41 Summary Fact Sheet, Photos, and x Lessons Learned 4.0 BUDGET 4.1 Budget Tables by Funding Type The tables in this section summarize the budget by expenditure category (i.e. personnel, travel, contractual, etc.). Hazardous Substances Budget Task Personnel Labor 8 Frin e Contractual Other Total 1) Project Management, Reporting & Other Eligible Activities $0 $14,100 $0 $14,100 2) Public Involvement $0 $12,000 $0 $12,000 3) Site Inventory, Prioritization & Eligibility $0 $16,500 $0 $16,500 4) Phase I ESAs $0 $20,000 $0 $20,000 5) Phase II ESAs $0 $61,000 $0 $61,000 6) ABCAs, CAPs & AWP $0 $26,400 $0 $26,400 Total Budget (Hazardous Substances) $0 $150,000 $0 $150,000 Page 19 City of Bremerton, Washington Cooperative Agreement Work Plan July 24, 2017 Petroleum Budget Task Personnel Labor & Fringe contractual Other Total 1) Project Management, Reporting & Other Eligible Activities $0 $14,100 $0 $14,100 2) Public Involvement $0 $12,000 $0 $12,000 3) Site Inventory, Prioritization & Eligibility $0 $16,500 $0 $16,500 4) Phase I ESAs $0 $20,000 $0 $20,000 5) Phase II ESAs $0 $61,000 $0 $61,000 6) ABCAs, CAPs & AWP $0 $26,400 $0 $26,400 Total Budget (Petroleum) $0 $150,000 $0 $150,000 4.2 Budget Narrative - Combined Hazardous Substances & Petroleum 4.2.1 Budget Detail by Task The budget includes an average rate of $150/hour for contractual services. As stated in our grant application, the City has elected not to use grant funding for personnel labor and fringe or other costs and will only use grant funding for contractual costs. Anticipated costs for each task are provided in the tables included in this section. A detailed description of the scope of work for each task along with a cost breakdown is provided in Section 2.0. 4.2.2 Budget Narrative by Expenditure Category (i) Personnel Labor & Fringe: none (ii) Contractual Task Number Amount Task 1 - Project Mgmt, Reporting & Other Eligible Activities $28,200 Task 2 - Public Involvement $24,000 Task 3 - Site Inventory, Prioritization & Eligibility $33,000 Task 4 - Phase I ESAs $40,000 Task 5 - Phase II ESAs $122,000 Task 6 - ABCAs, CAPs &AWP $52,800 Total Amount $300,000 (iii) Other: none Page 20 City of Bremerton, Washington Cooperative Agreement Work Plan July 24, 2017 (iv) Total Budget Description Amount Personal Labor $0 Personal Fringe $0 Travel $0 Equipment Supplies $0 $0 Contractual $300,000 Other $0 Total Amount $300,000 5.0 PRE -AWARD COSTS & ACTIVITIES To get a quick -start on the project, the City requests the approval of $15,000 of pre- award costs and a project start date of September 1, 2017 for this CA. A breakdown of pre -award costs and activities is provided in the table below. Description Anticipated Anticipated Anticipated Cost Completion Dates Consuffant Hours (Contractuan Prepare for and host project kick-off meeting/pre- QAPP call with the EPA Project Officer and 09/6/17 25 $3,750 Consultant to review project scope, goals, and strategies. Develop fact sheets, webpage content and other outreach materials to inform the community about 9/15/17-9/30/17 20 $3,000 the project. Develop Site Nomination Form and Access 9/15/17-9/30/17 10 $1,500 Agreement template. Gather data and develop site inventory work plan. 09/30/17 20 $3,000 Initiate preparation of the comprehensive QAPP 09/30/17 25 $3,750 (following kick-off meeting/pre-QAPP call with EPA). TOTALS -- 100 hours $15,000 Note: The estimated budget was calculated using an average rate of $150/hour for contractual services. Page 21 AGENDA BILL CITY OF BREMERTON 5H CITY COUNCIL SUBJECT: Professional Services Study Session Date: August 23, 2017 Agreement with Stantec Consulting COUNCIL MEETING Date: September 6, 2017 Services, Inc. for administration of the Department: Community US EPA Brownfields Community -Wide Development Assessment and Area -Wide Planning Grant Presenter: Andrea Spencer Phone: (360) 473-5283 SUMMARY: The Department of Community Development has selected Stantec Consulting Services, Inc. as a partner consultant to perform the work authorized by the FY2017 Environmental Protection Agency (EPA) Brownfields Community -Wide Assessment and Area -Wide Planning Grant which will allow the City to develop a Brownfields Revitalization Program. The work will begin with an inventory and assessment of sites in the areas comprised of the Anderson Cove Neighborhood, Wheaton Way Corridor, Callow Avenue Corridor, the Downtown Designated Blight Zone and possibly other areas within City limits as directed by the City. Stantec was selected in 2016 after an extensive process that adhered to Federal procurement guidelines. In November 2016 Community Development received City Council's approval to move forward with Stantec's no -cost option to the City to assist with the grant application and if successful in obtaining funding, Community Development was to bring Stantec's administrative professional services agreement to City Council for approval. With Stantec's assistance we were successful in obtaining $300,000 ($150,000 for hazardous substances and $150,000 for petroleum) in no -match grant funds with potential for added funding later in the project. This agreement with Stantec for administrative services is at no cost to the City as it precludes payments in excess of grant administrative allowances of $300,000 over the next three years (term of grant). ATTACHMENTS: Professional Services Agreement between the City of Bremerton and Stantec Consulting Services, Inc. for the administration the US EPA Brownfield Community -Wide Assessment and Area -Wide Planning grant. FISCAL IMPACTS: (Include Budgeted Amount): With the acceptance of the EPA Brownfields Grant the City Council amended the 2017 DCD Budget to authorize this expenditure. It is anticipated that $75,000 will be spent in 2017, $125,000 in 2018 and $100,000 in 2019. These expenditures will be reimbursed by EPA grant in full and there will be no impact to the General Fund. STUDY SESSION AGENDA: 0 No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑x Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the Professional Services Agreement with Stantec Consulting Services, Inc. in the amount of $300,000.00 for the administration of the US EPA Brownfield Community -Wide Assessment and Area -Wide Planning grant 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 PROFESSIONAL SERVICES AGREEMENT U.S. ENVIRONMENTAL PROTECTION AGENCY BROWNFIELD GRANT APPLICATION AND IMPLEMENTATION ASSISTANCE Between the City of Bremerton and STANTEC Consulting Services, Inc. The City of Bremerton ("City") and Stantec Consulting Services Inc. (Stantec) ("Consultant"), referred to collectively as the "Parties," enter into the following Agreement for professional services: L Scope: The Consultant agrees to perform the services more specifically described in the Scope of Work, dated October 26, 2016, including any attachments thereto, attached hereto as Exhibit A, which is incorporated by reference herein. The Scope of Work may be modified only pursuant to Section VII.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. As identified in the attached exhibits, the Scope of Work consists of two phases; Phase I - U.S. EPA Grant Application Services ("Phase P'), and Phase II - U.S. EPA Grant Implementation Services ("Phase IP'). II. Term: The City and the Consultant agree that work will begin on the tasks described in Exhibit A immediately upon execution of this Agreement. The parties agree that the work described in Exhibit A is to be completed as provided for in the work schedule attached hereto as Exhibit B; provided however, that additional time shall be granted by the City for excusable delays or extra work as provided for in Section IKA of this agreement. Consultant shall perform the services for Phase 11 only upon the following conditions: 1) grant funding is successfully obtained, 2) the grant award(s) and Stantec's services and fees are accepted and approved by City Council, and 3) EPA has approved Stantec's fees, services and schedule. If these conditions are not met, this Agreement shall terminate at the completion of Phase I and Consultants services will not be performed for Phase II. III. Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Consultant an amount not to exceed $0.00 (Zero Dollars) for Phase I services. If all of the conditions for implementation of Phase II are met as set forth in Section 11 above, the City shall compensate Consultant for services performed pursuant to the fee schedule attached hereto as Exhibit C and incorporated herein by this reference. The Consultant shall submit regular billing statements detailing work performed and amount charged on each task or portion thereof. The descriptions shall conform to and fall within the categories set out in the Scope of Work and/or Fee Schedule. Upon receipt of a conforming billing statement, the City shall promptly process payment. PROVIDED, HOWEVER, the City reserves the right to prioritize scoped work and accelerate and/or delay work tasks under the time frame set forth in Section II herein. The Consultant's labor rates and billing fees shall be as delineated in Exhibit C. Consultant shall not perform work beyond the Scope of Work, nor shall be compensated for such work, unless the Scope of Work or amount of compensation is modified pursuant to this Agreement. Consultant shall only be compensated for additional services if requested pursuant to Section I and, if not otherwise provided, such compensation shall be in accordance with Exhibit C. Stantec/USEPA Brownfield Grant Application & Implementation FY2017 Page 1 of 36 If a billing statement does not conform to this Agreement, the City may withhold payment until the statement is brought into compliance. Such withholding does not relieve Consultant of its obligations under this Agreement. IV. Relationship of Parties: Consultant represents that it is skilled in the matters addressed in the Scope of Work and is performing independent functions and responsibilities within its field of expertise. Consultant and its personnel are independent Consultants and not employees of the City. Consultant and its personnel have no authority to bind the City or to control the City's employees and other Consultants. None of the benefits provided by the City to its employees, including, but not limited to, compensation, insurance, and unemployment insurance are available from the City to the employees, agents, representatives, or sub -Consultants of the Consultant. Consultant will be solely and entirely responsible for its acts and for the acts of Consultant's agents, employees, representatives and sub -Consultants during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent Consultants to perform the same or similar work. As an independent Consultant, Consultant is responsible for its own management. The City's administration and enforcement of this Agreement shall not be deemed an exercise of managerial control over Consultant or its personnel. As an independent Consultant, Consultant is responsible for payment of all taxes and licensing fees necessary to perform its obligations under this Agreement. These 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. 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. 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 Stantec/USEPA Brownfield Grant Application & Implementation FY2017 Page 2 of 36 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. VI. Insurance: The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees, sub -consultants or sub -Consultants. Before beginning work on the project described in this Agreement, the Consultant shall provide a Certificate of Insurance evidencing: 1. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 2. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and 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 employer's liability; and 3. Excess Liability insurance with limits not less than 1,000,000 limit per occurrence and aggregate. 4. Professional Liability insurance with limits no less than $1,000,000 limit per occurrence/claim. Any payment of deductible or self insured retention shall be the sole responsibility of the Consultant. All required policies shall be provided on an "occurrence" basis except professional liability insurance (if required), which may be provided on a "claims -made" basis. The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Consultant and a copy of an endorsement that is acceptable to the City, which names the City as an additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all the required insurance policies and endorsements. The City further reserves the right to reject any unacceptable policies and/or endorsements. The Consultant's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. The Consultant's insurance shall be primary 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 6a' Street, Suite 600, Bremerton, Stantec/USEPA Brownfield Grant Application & Implementation FY2017 Page 3 of 36 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. VII. 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. Consultant shall maintain accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to substantiate all billed amounts. B. Ownership and Use of Records and Documents: Upon full payment of all monies owed to the Consultant, original documents, drawings, designs and reports ("Records and Documents"), 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, or is disclosed pursuant to the requirements of a governmental authority or judicial order, 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 Bellevue, Washington. Consultant shall make such data, documents, and files available to the City upon its request at all reasonable times for the purpose of editing, modifying and updating as necessary until such time as the City is capable of storing such information in the City's offices. Duplicate copies of this information shall be provided to the City upon its request, and at reasonable cost. All documents, including all reports, drawings, specifications, computer software or other items prepared or furnished by Consultant pursuant to this Agreement, are instruments of service with respect to the project and are the property of the City. Any reuse by the City for other than the specific purpose intended will be at City's sole risk. C. Use of Photographs 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. Stantec/USEPA Brownfield Grant Application & Implementation FY2017 Page 4 of 36 E. Place of Work: The Consultant shall perform the work authorized under this Agreement at its offices in Bellevue, Washington. Meetings with the City staff as described in Exhibit A, Scope of Work, shall take place at the City's offices, or at locations mutually agreed upon by the parties. F. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. 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 1st 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 City of Bremerton 3456 th Street, Suite 600 Bremerton, WA 98337 Consultant Address Stantec Consulting Services Inc. 11130 NE 33rd Place, Suite 200 Bellevue, WA 98004 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. 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. Stantec/USEPA Brownfield Grant Application & Implementation FY2017 Page 5 of 36 VIII. Nondiscrimination: Consultant shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status, disability, or sexual orientation except for employment actions based on bona fide occupational qualification. IX. Termination: This Agreement shall remain in force until completion and acceptance of the services, terminated by written instrument upon mutual consent, or by the City of Bremerton for convenience. This Agreement may be immediately terminated for cause by a Party if the other Party substantially fails to perform through no fault of the terminating Party, and the non-performing Party does not commence correction of the failure of performance within thirty (30) days of the terminating Party's sending notice to the non-performing Party. Any Notice by Consultant shall include a report showing the status of all items listed in the Scope of Work current through the termination date. If the City receives reimbursement by any federal, state, or other source for work described in Section I herein, and that funding is withdrawn, reduced or limited in any way, or the project is cancelled or substantially reduced after the execution date of this Agreement and prior to the completion of the work, the City may summarily terminate this Agreement. A. Excusable Delay The right of Consultant to proceed shall not be terminated nor shall Consultant be charged with liquidated damages for any delays in the completion of the work due to: 1) any acts of the federal government in controlling, restricting, or requisitioning materials, equipment, tools, or labor by reason of war, national defense, or other national emergency; 2) any acts of the City, its consultants, or other public agencies causing such delay; and 3) causes not reasonably foreseeable by the parties at the time of the execution of the Agreement that are beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God, fires, floods, strikes, or weather of unusual severity. PROVIDED, HOWEVER, that the Consultant must promptly notify the City within ten (10) calendar days in writing of the cause of the delay. If, on the basis of the facts and the terms of this Agreement, the delay is properly excusable, the City shall, in writing, extend the time for completing the work for a period of time commensurate with the period of excusable delay. B. Rights Upon Termination: In the event of termination, the City shall pay for all services performed by the Consultant to the effective date of termination, as described on a final invoice submitted to the City. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project which may be used by the City without restriction. Any such use not related to the project which Consultant was contracted to perform shall be without liability or legal exposure to the Consultant. X. Suspension & Debarment. For contracts involving Federal funding, Consultant hereby certifies, by signing this agreement, that neither it nor its principals are presently debarred, 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. Stantec/USEPA Brownfield Grant Application & Implementation FY2017 Page 6 of 36 CITY OF BREMERTON CONSULTANT Stantec Consulting Services Inc. its: its: Date: Date: Approved as to form: Bremerton City Attorney Attest: City Clerk Stantec/USEPA Brownfield Grant Application & Implementation FY2017 Page 7 of 36 EXHIBIT A SCOPE OF WORK October 26, 2016 Stantec Consulting Services Inc. (Stantec) will perform the following services for U.S. EPA Brownfield Grant Application Services (Phase I) and Implementation Services (Phase II). The project shall have two phases: • Phase I -U.S. EPA Brownfield Grant Application Services • Phase II - U.S. EPA Brownfield Grant Implementation Services PHASE I SCOPE - U.S. EPA GRANT APPLICATION SERVICES Stantec prepared a single application for hazardous and petroleum substance brownfield funding as a part of the FY17 EPA Brownfield Assessment Grant Competition, announced in October 2016 and due in December 2016. The successful grant application was prepared at no cost to the City. Stantec also assisted the City with pre -award tasks and administrative requirements to initiate the grant processes with EPA, including establishing a Cooperative Agreement (CA) Work Plan (provided as Attachment 1). Pre -award tasks commenced upon notification of funding award from EPA in May 2017 and will be completed in advance of the CA start date(September 1, 2017). Pre -award tasks will be completed at no cost to the City. PHASE II SCOPE - U.S. EPA GRANT IMPLEMENTATION SERVICES A brief description of the proposed scope of work for each of the six (6) main project tasks is presented below. The detailed scope of work and budget for each task were established via the EPA -approved CA Work Plan (provided as Attachment 1) and Bremerton City Council's approval to accept the grant funds and Stantec's Phase II fees, scope and schedule. Phase II Tasks Task 1- Project Management, Reporting and Other Eligible Activities The objective of this task is to properly manage the project per EPA and City requirements. At the City's direction Stantec will assist with the preparation of all quarterly and annual financial and progress reports and provide technical assistance and updates including site-specific information required to complete property profile updates in EPA's Assessment, Cleanup and Redevelopment Exchange (ACRES) database. Task 2 -Public Involvement The objective of this task is to ensure that community concerns are considered in assessment planning and execution and that the public is informed of project progress and provided opportunity for meaningful participation. Stantec will work with the City to conduct outreach tasks, including the following: • Coordinate and conduct meetings with the Brownfield Advisory Committee (BAC), stakeholders, and the public; Prepare meeting materials and presentations; and Stantec/USEPA Brownfield Grant Application & Implementation FY2017 Page 8 of 36 • Prepare and publish public notices, press releases, project information sheets and website materials, compatible with the City's brand and public information image. Task 3 - Site Inventory, Prioritization and Eligibility Site Inventory and Prioritization Stantec will create a comprehensive database of potential brownfield sites within the focus areas, which will be used by the City to prioritize opportunity sites for grant -funded activities (i.e., Phase I/II ESAs, cleanup planning, etc.). Various historical, environmental and county assessor data will be used to develop a Site Inventory Tool, a GIS -linked database of commercial and industrial parcels. Following initial inventory activities, sites will be prioritized for assessment and/or cleanup/redevelopment planning. The inventory will be further evaluated by the City, BAC and real estate strategists to identify and focus ESA and other cleanup reuse planning activities on those sites with the greatest redevelopment potential. Eligibility Determinations Stantec will complete Eligibility Determination (EDs) Forms for prioritized brownfield sites selected by the City in accordance with EPA requirements. Task 4 - Phase I ESAs Stantec will complete Phase I ESAs at select, eligible priority sites. All Phase I ESAs will be performed in accordance with the All Appropriate Inquired Final Rule and the standards set forth in the ASTM E1527-13 Phase I Environmental Site Assessment Process. Task 5 - Phase II ESAs QAPP. SAPS & HASPs EPA requires that an approved Quality Assurance Project Plan (QAPP) and site-specific Sampling and Analysis Plan (SAP) are approved by EPA before Phase II ESA activities are initiated. Stantec will prepare a comprehensive QAPP (covering both petroleum and hazardous substances brownfield sites) for approval by EPA. For each site approved for Phase II ESA activities, a SAP and a Health and Safety Plan (HASP) prior to initiating Phase II ESAs. Stantec will complete Phase II ESAs and/or other investigation/assessment activities at select eligible priority sites identified by the City. Stantec will also collect information necessary for Endangered Species Act, Section 7 and National Historic Preservation Act, Section 106, as applicable. Task 6 - Site -Specific Cleanup Planning and Area -Wide Planning Site -Specific Cleanup Planning At sites with significant documented environmental impacts, Stantec will prepare an Analysis of Brownfield Cleanup Alternatives (ABCA) and/or Cleanup Action Plan (CAP). The deliverable(s) will address detected contamination and risks to human health and the environment; provide a cost benefit analysis; evaluate feasible remedial actions/objectives and land re -use options; describe state and federal cleanup regulatory requirements; evaluate institutional and engineering controls; and support brownfield redevelopment. Stantec/USEPA Brownfield Grant Application & Implementation FY2017 Page 9 of 36 Area -Wide Planning Area -Wide Planning (AWP) may include a variety of activities to identify potential future use for brownfields -impacted area(s) and develop strategies to facilitate the reuse of existing infrastructure and/or identify potential infrastructure investments needed to accommodate alternative future uses. These activities may include market research, infrastructure and/or transportation analysis, urban planning and design, and/or other economic assessment plans to determine how to optimize reuse and attract development. The scope of this task will be determined based on a scoping meeting with the City. Stantec/USEPA Brownfield Grant Application & Implementation FY2017 Page 10 of 36 EXHIBIT B SCHEDULE Stantec Consulting Services Inc. (Stantec) has prepared the following schedule to perform the services outlined in Exhibit A for U.S. EPA Brownfield Grant Application Services (Phase I) and Implementation Services (Phase II). Per the scope of work described in Exhibit A, the project shall have two phases: • Phase I -U.S. EPA Brownfield Grant Application Services • Phase II - U.S. EPA Brownfield Grant Implementation Services Phase I Preliminary Schedule Phase I services included preparation of the City's successful EPA Brownfields Assessment Grant during Fall 2016 and preparation of the City's EPA -approved Cooperative Agreement (CA) Work Plan during July 2017. Continued assistance will be provided (as needed) until the Phase II begins. Phase II Preliminary Schedule Per the CA Work Plan (provided as Attachment 1) approved by EPA, Phase II activities will begin September 1, 2017 pending acceptance of the grant award and approval of Stantec's services and fees by Bremerton City Council. The schedule for Tasks 1-6 is not to exceed 3 years following the receipt of funds from EPA. Per the CA Work Plan, the anticipated project period is September 1, 2017 through August 31, 2020. Stantec/USEPA Brownfield Grant Application & Implementation FY2017 Page 11 of 36 EXHIBIT C BUDGET Stantec Consulting Services Inc. (Stantec) has prepared the following budget to perform the services outlined in Exhibit A for U.S. EPA Brownfield Grant Application Services (Phase I) and Implementation Services (Phase II). Per the work plan described in Exhibit A, the project shall have two phases: • Phase I - U.S. EPA Brownfield Grant Application Services • Phase II - U.S. EPA Brownfield Grant Implementation Services Phase I Preliminary Budget No cost to City. Phase II Preliminary Budget All costs to the City are outlined in the EPA -approved CA Work Plan (provided as Attachment 1) and assume Stantec's services and fees are accepted and approved by City Council. The total anticipated contractual costs for Tasks 1-6 is not to exceed the amount of EPA Brownfield Assessment Grant funding awarded to the City (totaling $300,000 [$150,000 for hazardous substance brownfield sites and $150,000 for petroleum impacted brownfield sites]. Services will be billed on a time and materials basis (not to exceed $300,000) in accordance with the rate schedule included in Stantec's proposal dated October 24, 2016. The cost estimate included in the EPA -approved CA Work Plan is provided as Table 1 below. The rate schedule included in Stantec's proposal is provided as Table 2 on the following page. Task 5 - Phase II ESAs $61,000 $61,000 $122,000 Task 6 - Site -Specific Cleanup $26,400 $26,400 $52,800 Planning & Area -Wide Planning PHASE H TOTAL ESTIMATED COST. $150,000 $150,000 $300,000 Stantec/USEPA Brownfield Grant Application & Implementation FY2017 Page 12 of 36 Table 1: Project Budget Hazardous Petroleum Total Task 1- Project Management, $14,100 $14,100 $28,200 Reporting & Other Eligible Activities Task 2 -Public Involvement $12,000 $12,000 $24,000 Task 3 - Site Inventory, $16,500 $16,500 $33,000 Prioritization & Eligibility Task 4 - Phase I ESAs $20,000 $20,000 $40,000 Task 5 - Phase II ESAs $61,000 $61,000 $122,000 Task 6 - Site -Specific Cleanup $26,400 $26,400 $52,800 Planning & Area -Wide Planning PHASE H TOTAL ESTIMATED COST. $150,000 $150,000 $300,000 Stantec/USEPA Brownfield Grant Application & Implementation FY2017 Page 12 of 36 Table 2: Rate Schedule for Grant Implementation Services Key Team Member Role Hourly Anticipated Project Tasks Rate Stantec Consulting Services Inc. Field Technician $105 Fieldwork, Reporting Junior Geologist/Engineer/Scientist (Andrea Schweiter) $113 GIS, Site Inventory, Phase I/II ESAs, HASPS, SSSAPs, Fieldwork GIS Technician (Joe Neville) Project Coordinator $122 Project Administration, Report Production Intermediate Geologist/Engineer/Scientist $131 Phase I/II ESAs, HASPS, SSSAPs, Fieldwork,Reporting Grant Specialist (Andrea Pedersen) $141 Compliance Reporting, QA/QC, Project Management Support Professional Geologist/Engineer/Scientist $166 Site Inventory, Phase I/II ESAs, QAPP, QA/QC, (Cyrus Gorman & Kim Vik) Cleanup Planning Senior Brownfield Grant Specialist (Chris Gdak) Site Inventory & Eligibility, QA/QC, Market Senior Urban Planner & Entitlements Specialist $201 Analysis, Cleanup/Reuse Planning, AWP, (Gary Maynard) Community Outreach, Permitting, Entitlements Project Manager (Bill Webb) Project Management, QA/QC, Site Inventory & $221 Eligibility, Cleanup/Reuse Planning, AWP, Senior Environmental Scientist (Wayne Wright) Community Outreach, Permitting BERK Associate Planner $125 Real Estate Strategy, Redevelopment Planning, Public Outreach Land Use Planning Lead (Lisa Grueter) $175 Greenworks Landscape Designer III $120 Landscape Architecture, Green Space Planning Senior Project Manager $140 Principal, Landscape Architect (Mike Faha) $165 Rates will be fixed for a period of 24 months (per Section 2 of the RFQ) and then subject to annual increase. Stantec will provide cost estimates for other fees/expenses including equipment rental and other reimbursable expenses as needed during the course of the project (in advance of performing such services). All subconsultanV subcontractor fees, equipment, and reimbursable expenses will be charged at cost 10% markup. Stantec/USEPA Brownfield Grant Application & Implementation FY2017 Page 13 of 36 ATTACHMENT 1 - STANTEC PROFESSIONAL SERVICE AGREEMENT BROWNFIELDS COMMUNITY -WIDE ASSESSMENT COOPERATIVE AGREEMENT WORK PLAN FOR City of Bremerton, Washington Fiscal Year 2017 Brownfields Assessment Grant for Sites Impacted by Hazardous Substances and Petroleum Anticipated Project Period: September 1, 2017 to August 31, 2020 Submitted on: June 22, 2017 (Draft Work Plan) July 24, 2017 (Final Work Plan) Submitted by: Alyce Fierro, Project Assistant (Brownfields Project Coordinator) 345 6th Street, Suite 600, Bremerton WA 98337 Phone: (360) 473-5269 Email: alyce.fierro@ci.bremerton.wa.us Lead Contact: Andrea L. Spencer, Community Development Director (Brownfields Project Manager) 345 6th Street, Suite 600, Bremerton WA 98337 Phone: (360) 473-5283 Email: andrea.spencer@ci.bremerton.wa.us Website: https://ci.bremerton.wa.us Stantec/USEPA Brownfield Grant Application & Implementation FY2017 Page 14 of 36 City of Bremerton, Washington Cooperative Agreement Work Plan July 24, 2017 TABLE OF CONTENTS 1.0 INTRODUCTION........................................................................................................................ 16 1.1 Project Description, Goals & Objectives...............................................................................16 1.2 Organizational Structure & Responsibilities...........................................................................16 1.2.1 Key Personnel................................................................................................................................ 16 1.2.2 Regulatory Agencies................................................................................................................... 17 1.2.3 Consultant Team.......................................................................................................................... 18 1.2.4 Brownfield Advisory Committee (BAC).................................................................................... 18 1.2.5 Summary of Roles and Responsibilities by Project Task ......................................................... 18 1.3 Project Outputs & Outcomes..................................................................................................19 1.3.1 Project Outputs............................................................................................................................. 19 1.3.2 Project Outcomes........................................................................................................................ 20 2.0 PROJECT TASK DESCRIPTIONS................................................................................................ 21 2.1 Task 1: Project Management, Reporting & Other Eligible Activities..................................21 2.1.1 Project Management & Reporting Activities..........................................................................21 2.1.2 Task 1 Budget Detail....................................................................................................................22 2.2 Task 2: Public Involvement.....................................................................................................23 2.2.1 Public Outreach & Involvement Activities...............................................................................23 2.2.2 Project Updates & Other Public Information Activities......................................................... 23 2.2.3 Task 2 Budget Detail.................................................................................................................... 24 2.3 Task 3 - Site Inventory, Prioritization & Eligibility...................................................................25 2.3.1 Site Inventory & Prioritization Activities..................................................................................... 25 2.3.2 Site Eligibility Determination (ED) Request Activities..............................................................26 2.3.3 Task 3 Budget Detail.................................................................................................................... 27 2.4 Task 4 - Phase I ESAs...............................................................................................................27 2.4.1 Phase I ESA Activities................................................................................................................... 27 2.4.2 Task 4 Budget Detail.................................................................................................................... 28 2.5 Task 5 - Phase II ESAs..............................................................................................................28 2.5.1 Quality Assurance Project Plan (QAPP) Activities..................................................................28 2.5.2 Phase II ESA Activities...................................................................................................................29 2.5.3 Task 5 Budget Detail.................................................................................................................... 30 2.6 Task 6 - Site -Specific Cleanup Planning & Area -Wide Planning........................................30 2.6.1 Site -Specific Cleanup Planning Activities................................................................................30 2.6.2 AWP Activities...............................................................................................................................31 2.6.3 Task 6 Budget Detail....................................................................................................................32 3.0 SCHEDULE AND DELIVERABLES............................................................................................... 33 4.0 BUDGET.....................................................................................................................................34 4.1 Budget Tables by Funding Type.............................................................................................34 4.2 Budget Narrative - Combined Hazardous Substances & Petroleum.................................35 4.2.1 Budget Detail by Task..................................................................................................................35 4.2.2 Budget Narrative by Expenditure Category...........................................................................35 5.0 PRE -AWARD COSTS & ACTIVITIES........................................................................................... 36 Stantec/USEPA Brownfield Grant Application & Implementation FY2017 Page 15 of 36 1.0 INTRODUCTION 1.1 Project Description, Goals & Objectives During Fiscal Year (FY) 2017, the United States Environmental Protection Agency (EPA) selected the City of Bremerton, Washington (referred to as "the City") as a recipient of Brownfield Community -Wide Assessment (CWA) Grant funding in the amount of $300,000 ($150,000 for hazardous substances and $150,000 for petroleum) to be used within a three-year period. The City is working to strengthen the local economy by attracting new, diverse industries; however, a surplus of brownfield sites have impeded this vision of recovery. Grant funding will allow the City to develop a Brownfield Revitalization Program (referred to as the "Project") which will begin with an inventory and assessment of sites in the target areas comprised of the Anderson Cove Neighborhood, Wheaton Way Corridor, Callow Avenue Corridor, and Designated Blight Zone. The City will also examine sites outside of the target areas and within City limits, as appropriate, to further local economic goals. The City will engage the community throughout the Project to prioritize revitalization opportunities in accordance with established community plans and objectives. The Project will include assessment activities at priority brownfield sites, including Phase I Environmental Site Assessments (ESAs; up to 8) and Phase 11 ESAs (up to 4), which may include regulated building materials (asbestos/lead) surveys. The project will also include preparation of site-specific Analysis of Brownfields Cleanup Alternatives (ABCAs) and/or Cleanup Action Plans (CAPs) (up to 2) and area -wide planning (AWP) activities for up to one priority brownfield-impacted area. To get a quick -start on the project, the City requests the approval of $15,000 of pre- award costs and a project start date of September 1, 2017 for this Cooperative Agreement (CA). A detailed breakdown of pre -award costs and activities is provided in Section 5.0. 1.2 Organizational Structure & Responsibilities In the following sections we describe the roles and responsibilities of key personnel and organizations supporting this project. 1.2.1 Key Personnel The City will be responsible for all administrative and programmatic tasks, including preparing and submitting quarterly, annual, and final program reports in compliance with the program requirements and the CA. The City has identified two experienced Bremerton/Stantec US EPA Brownfield Grant Application & Implementation Assistance FY2017 Page 16 of 36 project managers to fulfil the roles of Brownfields Project Manager (Ms. Andrea Spencer, Community Development Director) and Brownfields Project Coordinator (Ms. Alyce Fierro, Project Assistant). • Andrea Spencer, Community Development Director, City of Bremerton: Andrea will be the Brownfields Project Manager and main point -of -contact for this project. She has over 18 years of experience in local government planning, the last 1 1 of which have been at Bremerton. She manages the annual Community Development Block Grant (CDBG) federal funding program and all land use planning, building and environmental review for the City. She has led large planning efforts for interjurisdictional land use planning, engaged with citizens and special interest groups in the development of Comprehensive Plans, led changes to the City's Critical Areas Ordinance and Shoreline Master Programs without appeals, and spearheaded efforts to target the City's CDBG funding to abate downtown blight. Andrea's project management expertise is an asset to successful project execution and her role as the City's Community Development Director provides her with a comprehensive understanding of ongoing planning/redevelopment efforts and the ability to identify opportunities for leveraging concurrent grants and projects. • Alyce Fierro, Project Assistant, City of Bremerton: As the Brownfields Project Coordinator, Alyce will be responsible for overseeing administrative and financial reporting tasks (i.e. schedule/budget tracking, compliance reporting to EPA); executing outreach campaigns and organizing public events; ensuring the project webpage is maintained and informational materials are up-to-date; and serving as the public's primary point -of -contact for questions/comments. Alyce has over 15 years of project management experience and 12 years of experience managing municipal grants. She has extensive experience coordinating public outreach/involvement efforts and administrative tasks to comply with grant requirements (e.g. financial and progress reporting). Contact information for the individuals identified above is provided below. Personnel Name & Title Project Role Andrea Spencer Project Manager Community Development Director Alyce Fierro Project Coordinator Project Assistant 1.2.2 Regulatory Agencies Contact Info (360) 473-5283 andrea.spencer@ci.bremerton.wa.us (360) 473-5269 alyce.fierro@ci.bremerton.wa.us The City will work closely with the EPA and Washington State Department of Ecology (Ecology) to achieve Project objectives, maintain budgets and schedules, and prepare plans and reports. The City will coordinate with EPA and Ecology to establish site eligibility and enroll hazardous substance and petroleum brownfield sites in appropriate cleanup programs (e.g. leaking underground storage tank [LUST] or Voluntary Cleanup Program [VCP]). The City will coordinate with Ecology and EPA (as needed) for Bremerton/Stantec US EPA Brownfield Grant Application & Implementation Assistance FY2017 Page 17 of 36 technical support, resolution of regulatory/procedural issues, and interpretation of rules/guidance documents. Ecology will provide review and approval of Cleanup Action Plans (CAPs) for sites requiring remedial action. 1.2.3 Consultant Team The City routinely contracts engineering and consulting services and has management and procurement procedures in place to acquire these services through a competitive qualifications and evaluation and/or bidding process. In advance of the grant application, the City undertook a qualifications -based procurement and evaluation process, consistent with applicable federal procurement rules (2 CFR 200.317 - 200.326 and 2 CFR Part 1500). The City solicited qualified consulting firms through a competitive public Request for Qualifications (RFQ) seeking support for the Project. A panel of City staff reviewed the proposals. In the fall of 2016, a team led by Stantec Consulting Services Inc. ("the Consultant") was selected by the City to provide technical and project management assistance. 1.2.4 Brownfield Advisory Committee (BAC) The City has received commitment from community stakeholders for participation on a BAC. The BAC will serve as the Project steering committee and will be comprised of representatives from community organizations, state and local government agencies, environmental and health organizations, property/business owners, real estate professionals, community members, and other stakeholders. 1.2.5 Summary of Roles and Responsibilities by Project Task Brownfield assessment funding from EPA will be used to cover the costs of activities in direct support of brownfields sites as defined under CERCLA 101 (39). The overall coordination of the Project will be carried out by Andrea Spencer with assistance from Alyce Fierro. Technical assistance and oversight will be performed by the Consultant and Ecology. An overview of the Project tasks and lead entities for each task is provided below. • Task 1 - Project Management, Reporting & Other Eligible Program Activities: This task will be carried out by the City with assistance from the Consultant. • Task 2 - Public Involvement: This task will be carried out by the City with assistance from the BAC and Consultant. • Task 3 - Site Inventory, Prioritization & Eligibility: This task will be facilitated by the Consultant with assistance from the City and BAC. The City and BAC will develop the prioritization criteria and approve the prioritization process. Eligibility Determination (ED) requests for use of hazardous substances grant funds will be submitted to EPA for approval. ED requests for use of petroleum grant funds will be submitted to Ecology for approval. Bremerton/Stantec US EPA Brownfield Grant Application & Implementation Assistance FY2017 Page 18 of 36 • Task 4 - Phase I Environmental Site Assessments (ESAs): This task will be carried out by the Consultant with assistance from the City. • Task 5 - Phase II ESAs: This task will be carried out by the Consultant with assistance from the City. • Task 6 - Analysis of Brownfield Cleanup Alternatives (ABCA), Cleanup Action Plans (CAPs) & Area -Wide Planning (AWP): This task will be carried out by the Consultant with assistance from the City and BAC. 1.3 Project Outputs & Outcomes 1.3.1 Project Outputs The City will inventory and assess hazardous substance and petroleum brownfields within the community to catalyze cleanup and revitalization of priority sites. The City anticipates specific outputs to include the following: Task 1 - Project Management, Reporting & Other Eligible Program Activities • Prepare Quarterly Progress Reports (APRs). • Prepare annual Disadvantaged Business Enterprise (DBE) Reports. • Update property profiles in Assessment, Cleanup and Redevelopment Exchange System (ACRES). • Prepare final DBE Report, Federal Financial Report (FFR)and Project Close -Out Report. Task 2 - Public Involvement • Coordinate and conduct meetings with the BAC, developers, property owners, other stakeholders, and the general public. • Solicit, discuss and implement meaningful public input into the grant processes. • Prepare and publish public notices. • Prepare meeting materials, presentations and meeting minutes. • Prepare and distribute Project fact sheets and other informational materials. • Develop and regularly update a Project -specific webpage. Task 3 - Site Inventory, Prioritization & Eligibility • Complete an inventory of potential brownfield sites in the target areas. • Incorporate portions of the inventory into existing GIS database(s). • Prioritize sites for assessment and/or cleanup/reuse planning activities. • Prepare site-specific eligibility determination (ED) requests for priority sites for submittal to EPA (hazardous substance sites) and/or Ecology (petroleum sites). Bremerton/Stantec US EPA Brownfield Grant Application & Implementation Assistance FY2017 Page 19 of 36 Task 4 - Phase I ESAs • Obtain Access Agreements for sites prioritized for Phase I ESAs. • Prepare Health and Safety Plans (HASPs) for sites selected for Phase I ESAs. • Complete Phase I ESAs in compliance with ASTM E1527-13 at up to 8 high priority brownfield sites (-4 each for hazardous substance and petroleum impacted sites). Task 5 - Phase II ESAs • Develop a comprehensive Quality Assurance Project Plan (QAPP). • Obtain Access Agreements for sites prioritized for Phase II ESAs. • Prepare HASPs, Site -Specific Sampling and Analysis Plans (SSSAPs) and Section 7 and 106 consultations for sites selected for Phase II ESAs. • Complete Phase II ESA and/or supplemental assessment activities at up to 4 high- priority brownfields sites (-2 each for hazardous substances and petroleum impacted sites). Task 6 - ABCAs, CAPs & AWP • Prepare site-specific analysis of brownfield cleanup alternatives (ABCAs) and/or cleanup action plans (CAPs) at up to 2 high-priority brownfields sites (-1 each for hazardous substances and petroleum impacted sites). • Conduct area -wide planning (AWP) (impacted by hazardous substances inventory and outreach process. 1.3.2 Project Outcomes for up to one priority brownfield area and petroleum) identified through the Grant funding will allow the City to build a Brownfield Revitalization Program. The City will develop the organizational infrastructure to enhance the processes for assessing, remediating, and catalyzing brownfield redevelopment. Other key objectives include raising awareness of brownfields and brownfield redevelopment tools; spurring private investment and creating jobs through development projects on brownfield sites; and reducing threats to human health and the environment. The following types of potential outcomes will be tracked on a quarterly basis for sites where EPA grant funds are used: • Number of potential brownfield sites identified/prioritized. • Number of sites and acres for which Phase I ESAs are performed. • Number of sites and acres for which Phase II ESAs are performed. • Incorporation of green and sustainable assessment and remediation (GSR) techniques that are applicable to Phase II ESA activities. • Number of sites and acres for which remedial planning is performed. • Numbers of sites for which property title transfers are facilitated. Bremerton/Stantec US EPA Brownfield Grant Application & Implementation Assistance FY2017 Page 20 of 36 • Acres of land redeveloped and square footage of buildings positioned for adaptive reuse. • Acres of parks or green space created. • Amount of additional public and private investment leveraged. • Amount of other funding leveraged. • Number of jobs created or retained. • Number of community meetings held. 2.0 PROJECT TASK DESCRIPTIONS In the following sections we include descriptions of the activities anticipated for each task as well as a detailed breakdown of the budget associated with each task. The budget includes an average rate of $150/hour for contractual services. As stated in our grant application, the City has elected not to use grant funding for personnel labor and fringe or other costs and will only use grant funding for contractual costs. A description of requested pre -award activities and costs is provided in Section 5.0. 2.1 Task 1: Project Management, Reporting & Other Eligible Activities 2.1.1 Project Management & Reporting Activities Objective: Manage the Project in accordance with EPA requirements and CA terms and conditions. Lead: The City is responsible for overall project management and will direct all Consultant activities, regularly monitor the schedule and budget for each task, handle all correspondence with EPA, and host project check-in meetings (as needed) with the EPA Project Officer. The City will facilitate regularly scheduled, bi-monthly project check-in meetings with the Consultant to monitor project progress and ensure agreed upon activities are moving forward on schedule and within budget. (More frequent check-in meetings will be hosted as needed during times of high activity.) As directed by the City, the Consultant will assist with compliance reporting activities such as Quarterly Progress Reports, Annual Disadvantaged Business Enterprises (DBE/MBE/WBE) Reports, and Project Close -Out Reports. Milestones, Deliverables & Schedule: • The Brownfields Project Manager (Andrea Spencer) with support from the Brownfields Project Coordinator (Alyce Fierro) will coordinate grant activities with the Consultant and BAC and will serve as liaison to Ecology, EPA and other stakeholders. • Records will be created and maintained for each property that receives grant funds (i.e. documentation of where/how grant funds are used and property profiles updated in ACRES). Property profiles will be completed and updated quarterly in ACRES for each property where grant funds are expended. Bremerton/Stantec US EPA Brownfield Grant Application & Implementation Assistance FY2017 Page 21 of 36 • Progress reports will be prepared and submitted to EPA on a quarterly basis [due within 30 days of the end of each federal fiscal quarter ending December, March, June, and September (i.e. reports will be submitted by January 30, April 30, July 30, and October 30)]. These reports will describe the progress made for each task defined in this Work Plan and additional information as required in EPA's CA Terms and Conditions. The reports will be submitted electronically to the EPA Project Officer unless another arrangement is discussed and approved by EPA. • Disadvantaged Business Enterprises (DBE/MBE/WBE) Reports will be prepared and submitted to EPA annually within 30 days of the end of the fiscal year ending in September (i.e. reports will be submitted by October 30). • A final Project Close -Out Report, DBE Report and Federal Financial Report (FFR) will be completed and submitted (electronically) to the EPA Project Officer within 90 calendar days (or sooner) following the expiration or termination of the award. The final report will contain the same information as the Quarterly Progress Reports, but will cover the entire Project period. In addition, the final performance report will specifically address lessons learned, successes achieved, and Project fact sheet and/or other information on project success stories. 2.1.2 Task 1 Budget Detail Task 1 Budget Detail by Activity Description Units Cost per Unit Total Project Management & Reporting -- -- -- Contractual (Hazardous Substances) 94 hours $150/hour $14,100 Contractual (Petroleum) 94 hours $150/hour $14,100 Hazardous Substances Budget -- -- $14,100 Petroleum Budget -- -- $14,100 Total Budget (Hazardous Substances & Petroleum) I-- -- $28,200 Task 1 Budget Detail by Funding Type Funding Type Personnel Labor & Fringe Contractual Other Total Hazardous Substances Budget $0 $14,100 $0 $14,100 Petroleum Budget $0 $14,100 $0 $14,100 Total Budget (Hazardous & Petroleum) $0 $28,200 $0 $28,200 Bremerton/Stantec US EPA Brownfield Grant Application & Implementation Assistance FY2017 Page 22 of 36 2.2 Task 2: Public Involvement 2.2.1 Public Outreach & Involvement Activities Objective: Ensure community concerns are considered and inform assessment planning and execution. Lead: The City will lead public outreach with support from the Brownfield Advisory Committee (BAC) and Consultant, as needed. Milestones & Deliverables: • Convene the BAC. • Coordinate and conduct at least six meetings with the BAC, stakeholders, and the public to solicit input, publicize the program and promote community and property -owner participation. • Prepare and make publicly available a Site Nomination Form to solicit community input regarding identification and prioritization of sites of concern and to identify sites where environmental contamination (real or perceived) may be limiting redevelopment/reuse and business expansion. Estimated Submittal/Completion Dates: • September 2017: Develop Site Nomination Form. • January 2018: Convene the BAC composed of community organizations and other stakeholders identified during the grant application process to plan and guide community outreach efforts. BAC meetings will be ongoing throughout the Project (with a minimum of one per year). • February 2018: Host the first Public Open House/Meeting. Public meetings will be ongoing throughout the Project (with a minimum of one per year). Note: The meeting dates provided above are estimates and may change to coordinate BAC and/or public meetings with other relevant project meetings hosted by the City. 2.2.2 Project Updates & Other Public Information Activities Obiective: Ensure the community is kept informed of Project goals, methods, and progress and ensure the public is provided opportunity for meaningful participation. Lead: The City will lead this task with support from the BAC and Consultant. As directed by the City, the Consultant will prepare project fact sheets and other informational materials for the project webpage. Milestones & Deliverables: • Project webpage will be developed and updated throughout the life of the Project. Bremerton/Stantec US EPA Brownfield Grant Application & Implementation Assistance FY2017 Page 23 of 36 • Fact sheets (specific to property owners and the general public) will be prepared and distributed at the beginning of the Project, if there are new developments, and after the assessment is complete. They will be distributed at the first community meeting and made available on the project webpage. • A Process Guide will be prepared to inform property owners of what to expect should grant -funded Phase I and/or II ESA activities be approved for their property. • Press releases will be used to inform the public of the project, announce key milestones, and upcoming meeting dates. • Meeting minutes, handouts and presentations will be prepared for all BAC and community outreach meetings and will be made available on the project webpage. Estimated Submittal/Completion Dates: • Summer 2017: Publish article/press release announcing EPA grant award. • September 2017: Develop Project fact sheets for community members and stakeholders, Process Guide for property owners, and webpage content. • Fall/Winter 2017: Publish Project webpage and update throughout the life of the Project. 2.2.3 Task 2 Budget Detail Task 2 Budget Detail by Activity Description Units Cost per Unit Total Public Outreach & Involvement -- -- -- Contractual (Hazardous Substances) 50 hours $150/hour $7,500 Contractual (Petroleum) 50 hours $150/hour $7,500 Project Updates & Other Public Information -- -- -- Contractual (Hazardous Substances) 30 hours $150/hour $4,500 Contractual (Petroleum) 30 hours $150/hour $4,500 Hazardous Substances Budget -- -- $12,000 Petroleum Budget -- -- $12,000 Total Budget (Hazardous Substances & Petroleum) -- -- $24,000 Bremerton/Stantec US EPA Brownfield Grant Application & Implementation Assistance FY2017 Page 24 of 36 Task 2 Budget Detail by Funding Type Funding Type Personnel Labor & Fringe Contractual Other Total Hazardous Substances Budget $0 $12,000 $0 $12,000 Petroleum Budget $0 $12,000 $0 $12,000 Total Budget (Hazardous & Petroleum) j $0 1 $24,000 j $0 $24,000 2.3 Task 3 - Site Inventory, Prioritization & Eligibility 2.3.1 Site Inventory & Prioritization Activities Objective: Build a GIS -based inventory of brownfield sites in the target areas as a foundation for identifying priority cleanup and redevelopment opportunity sites, reaching out to owners, and selecting sites for assessment. The data may be integrated with other databases to better relate the presence of brownfields to various economic impacts and/or health data. The following activities may be completed as part of the inventory: • Identify environmental records for all sites in the target areas listed in EPA, Ecology and/or local environmental databases; • Review select City, County and State records that are potentially relevant to identifying brownfields (including occupancy and other permits, tax delinquency status, building code violations, Loopnet, assessors data, and sites identified in recent plans and studies); • Review available historical Sanborn Fire Insurance Maps, aerial photographs, topographic maps, city directories and/or other sources of information to identify historic sites which have a significant potential for impacts; • Survey local real estate industry representatives for information on sites in the target areas; • Conduct tours/inspections throughout the target areas to identify blighted or vacant potential brownfield sites that are not recorded in existing databases or identified by recent plans/studies; and • Review other State and County records to verify that all sites with known or suspected impacts or threats to public health are included in the evaluation/prioritization process. Following inventory activities, sites will be prioritized for assessment and/or cleanup/redevelopment planning. The following criteria will be analyzed when prioritizing sites: • economic development potential/opportunities; • known or suspected threats to public health; Bremerton/Stantec US EPA Brownfield Grant Application & Implementation Assistance FY2017 Page 25 of 36 • sites identified in existing community planning documents; • degree of known or suspected environmental impacts; • degree of blight or underutilization; • tax delinquency status; • community concerns; and • social, demographic and health data (as available) within the immediate vicinity of the site. Lead: At the direction of the City, the Consultant will lead technical activities associated with the inventory with support from the City and the BAC. The City will lead site prioritization activities with support from the BAC. Milestones & Deliverables: • GIS -based comprehensive inventory of potential brownfield sites within target areas. • GIS maps of potential brownfields sites, as needed, for planning and property redevelopment marketing. • Brownfield inventory report documenting inventory and prioritization methods. Estimated Submittal/Completion Dates: • Spring 2018: Initial inventory and ranking completed (to be updated throughout Project). 2.3.2 Site Eligibility Determination (ED) Request Activities Obiective: The Consultant will prepare ED requests for sites prioritized for assessment and/or cleanup planning activities. Site ED requests will be submitted to the EPA Project Officer using the supplied request form. Site eligibility will be reviewed by the EPA Project Officer (for hazardous substance sites) and/or Ecology (for petroleum sites) for concurrence prior to initiating any site-specific work. Lead: The City will lead ED Request activities with support from the Consutlant to prepare ED Forms for submittal to EPA (for hazardous substances and petroleum sites) and Ecology (for petroleum sites). Milestones and Deliverables: Deliverables include completed/approved ED forms. Estimated Submittal/Completion Dates: ED requests will be prepared and submitted to EPA and Ecology throughout the grant period. The first ED request is estimated to be completed in winter of 2017/2018. Bremerton/Stantec US EPA Brownfield Grant Application & Implementation Assistance FY2017 Page 26 of 36 2.3.3 Task 3 Budget Detail Task 3 Budget Detail by Activity Description Units Cost per Unit Total Site Inventory & Prioritization -- -- -- Contractual (Hazardous Substances) 80 hours $150/hour $12,000 Contractual (Petroleum) 80 hours $150/hour $12,000 ED Requests for Priority Sites -- -- -- Contractual (Hazardous Substances) 30 hours $150/hour $4,500 Contractual (Petroleum) 30 hours $150/hour $4,500 Hazardous Substances Budget -- -- $16,500 Petroleum Budget -- -- $16,500 Total Budget (Hazardous Substances & Petroleum) 1-- -- $33,000 Task 3 Budget Detail by Funding Type Funding Type Personnel Labor & Fringe Contractual Other Total Hazardous Substances Budget $0 $16,500 $0 $16,500 Petroleum Budget $0 $16,500 $0 $16,500 Total Budget (Hazardous & Petroleum) $0 $33,000 $0 $33,000 2.4 Task 4 — Phase I ESAs 2.4.1 Phase I ESA Activities Obiective: Evaluate past and current site uses to assess potential for environmental contamination. Phase I ESAs will support property transfers and eventual redevelopment, and provide information for evaluating the need for Phase 11 ESAs and cleanup. The City anticipates conducting Phase I ESAs on up to 8 sites (-4 each at hazardous substance and petroleum impacted sites). The Consultant will complete Phase I ESAs in accordance with ASTM Practice El 527-13. The City will contact site owners and negotiate access agreements. The ACRES database will be updated following completion of each Phase I ESA. Lead: The City will execute Access Agreements with property owners. The Consultant will lead Phase I ESA technical activities at priority sites selected by the City and the BAC. The City will assist with data acquisition and report review and distribution. Bremerton/Stantec US EPA Brownfield Grant Application & Implementation Assistance FY2017 Page 27 of 36 Milestones and Deliverables: Deliverables include site-specific Health and Safety Plans (HASPs) and Phase I ESA reports. Estimated Submittal/Completion Dates: Phase I ESA reports will be prepared throughout the grant period. The first Phase I ESA report is estimated to be completed in spring of 2018. 2.4.2 Task 4 Budget Detail Task 4 Budget Detail by Activity Description Units Cost per Unit Total Phase I ESAs -- -- -- Contractual (Hazardous Substances) -4 sites $5,000/site $20,000 Contractual (Petroleum) -4 sites $5,000/site $20,000 Hazardous Substances Budget -- -- $20,000 Petroleum Budget -- -- $20,000 Total Budget (Hazardous Substances & Petroleum) -- -- $40,000 Task 4 Budget Detail by Funding Type Funding Type Personnel Labor & Fringe Contractual Other Total Hazardous Substances Budget $0 $20,000 $0 $20,000 Petroleum Budget $0 $20,000 $0 $20,000 Total Budget (Hazardous & Petroleum) $0 $40,000 $0 $40,000 2.5 Task 5 — Phase II ESAs 2.5.1 Quality Assurance Project Plan (QAPP) Activities Obiective: Establish quality assurance/quality control (QA/QC) procedures applicable throughout the life of the grant -funded Project. Before beginning Phase II ESA work, both the City and the Consultant will participate in a pre-QAPP conference call with EPA, if required. A draft comprehensive (i.e. not site-specific) QAPP be prepared and submitted to EPA and Ecology (if desired) for review and approval. The Consultant will finalize the QAPP once EPA has reviewed and provided comments on the draft. Lead: The Consultant will prepare the comprehensive QAPP and the City will review and approve the draft prior to submittal to EPA. Bremerton/Stantec US EPA Brownfield Grant Application & Implementation Assistance FY2017 Page 28 of 36 Milestones & Deliverables: Draft and Final Comprehensive QAPP. Annual QAPP Revisions. Estimated Submittal/Completion Dates: • January 2017: Draft QAPP submitted to EPA for review. • March/April 2018: Final QAPP completed (pending EPA review time). 2.5.2 Phase II ESA Activities Objective: Collect environmental sampling data to assess conditions, evaluate risks to human health and the environment, prepare for cleanup planning, and facilitate property transfers and redevelopment. The City anticipates conducting Phase II ESAs on up to 4 sites (-2 each at hazardous substance and petroleum impacted sites) where the Phase I ESAs or other available information suggests that additional investigation is warranted. Phase 11 ESA activities are anticipated to include soil, groundwater, soil vapor, and regulated building materials sampling and analysis, and reporting. SSSAPs and HASPs addressing each property where Phase II ESA work is anticipated will be submitted to EPA for review prior to conducting any field activities. For each Phase II ESA to be conducted, the Consultant will also provide information to the City to help fulfill EPA's requirements under the Endangered Species Act Section 7 and the National Historic Preservation Act Section 106 (NHPA). The information will include the location of the Project, any threatened or endangered species or habitat that may be affected by the Project, whether a site is of concern to the State Historic Preservation Officer (SHPO), a list of Tribes who might believe the Project could disturb cultural resources, and an evaluation as to whether cleanup/redevelopment plans could have adverse effects on endangered or cultural resources. The ACRES database will be updated following completion of each Phase II ESA. Lead: The City will execute Access Agreements with property owners. The Consultant will lead Phase II ESA technical activities at priority sites selected by the City and the BAC. The City will assist with data acquisition and report review and distribution. Milestones and Deliverables: • EPA -approved SSSAPs • Site-specific HASPs • Phase II ESA Report(s) • Updated ACRES database • Green and sustainable efforts updates (included in quarterly reporting) Bremerton/Stantec US EPA Brownfield Grant Application & Implementation Assistance FY2017 Page 29 of 36 • Section 7 and NHPA consultations (as necessary) Task 3 (Phase II ESA Subtask) Estimated Submittal/Completion Dates: • Summer/Fall 2018: Phase II ESA fieldwork underway at first site. • Fall 2018/Winter 2019: First Phase II ESA report(s) completed (ongoing throughout Project). 2.5.3 Task 5 Budget Detail Task 5 Budget Detail by Activity Description Units Cost per Unit Total Comprehensive QAPP -- -- -- Contractual (Hazardous Substances) 0.5 $6,000/QAPP $3,000 Contractual (Petroleum) 0.5 $6,000/QAPP $3,000 Phase II ESAs -- -- -- Contractual (Hazardous Substances) -2 sites $29,000/site $58,000 Contractual (Petroleum) -2 sites $29,000/site $58,000 Hazardous Substances Budget -- -- $61,000 Petroleum Budget -- -- $61,000 Total Budget (Hazardous Substances & Petroleum) -- -- $122,000 Task 5 Budget Detail by Funding Type Funding Type Personnel Labor & Fringe Contractual Other Total Hazardous Substances Budget $0 $63,000 $0 $61,000 Petroleum Budget $0 $63,000 $0 $61,000 Total Budget (Hazardous & Petroleum) $0 $126,000 $0 $122,000 2.6 Task 6 - Site -Specific Cleanup Planning & Area -Wide Planning 2.6.1 Site -Specific Cleanup Planning Activities Objective: Prepare site-specific ABCAs and/or CAPs for up to 2 sites (-1 each for hazardous substances sites and petroleum impacted sites) to address contamination, risks to human health and the environment, and support brownfield redevelopment. The City will conduct cleanup and redevelopment planning as required by Ecology and/or EPA for brownfields where redevelopment is imminent and such activities will Bremerton/Stantec US EPA Brownfield Grant Application & Implementation Assistance FY2017 Page 30 of 36 move redevelopment forward. Planning may include preparation of ABCAs and/or CAPs. The plans/reports will describe detected contamination; conceptual site models; site-specific remedial action objectives; state and federal cleanup regulatory requirements; and evaluation of institutional and engineering controls. Stakeholder meetings will be held, as needed, to develop and review the most appropriate and effective remedial options for each selected brownfield site and redevelopment. The City and environmental Consultant will work closely with Ecology and EPA when considering options for cleanup planning. Grant funds may be used to manage the Public Notice and comment period for any ABCAs prepared using grant funding, including documentation of significant comments received and how they were/are being responded to. This task also includes site reuse planning, which may include a variety of activities to identify potential future uses. These eligible activities may include market research and a variety of community outreach activities (such as design charrettes), which are specifically referenced as eligible activities under EPA community -wide assessment grants. Any "site-specific" reuse planning activities will be performed only on those parcels confirmed to meet the eligibility requirements. Lead: At the direction of the City, the Consultant will lead technical activities for sites prioritized by the City and the BAC. The City will support data acquisition, planning, and deliverable review and distribution. Milestones & Deliverables: Deliverables for this task will be site-specific ABCAs and/or CAPs. Estimated Submittal/Completion Dates: • Summer 2019: First written site-specific ABCA/CAP complete. 2.6.2 AWP Activities Objective: Identify potential future uses for up to one targeted brownfields area (impacted by hazardous substances and petroleum) and develop strategies to facilitate the reuse of existing infrastructure, as well as identifying potential infrastructure investments needed to accommodate alternative future uses. With support from the City and the BAC, the Consultant will develop up an AWP document for up to one target area to be determined during outreach and inventory activities. AWP activities will be tailored to each focus area and may include market analysis, existing conditions/infrastructure evaluation studies, site-specific reuse planning for catalyst sites, and community visioning exercises to inform a common redevelopment strategy and implementation plan. AWP efforts may include a variety of community outreach activities (such as design charrettes), which are also specifically referenced as eligible activities under EPA Brownfields Assessment Grants. Any reuse planning activities that are "site-specific" will Bremerton/Stantec US EPA Brownfield Grant Application & Implementation Assistance FY2017 Page 31 of 36 be performed only on those parcels that are confirmed to meet the eligibility requirements. Lead: At the direction of the City, the Consultant will lead technical activities for sites prioritized by the City and the BAC. The City will lead public outreach activitivies with support from the BAC and Consultant. The City will review and distribute deliverables. Milestones & Deliverables: Brownfields AWP. Estimated Submittal/Completion Dates: • July 2020: Anticipated completion date for AWP. 2.6.3 Task 6 Budget Detail Task 6 Budget Detail by Activity Description Units Cost per Unit Total Site -Specific ABCAs/CAPS -- -- -- Contractual (Hazardous Substances) -1 site $9,000/site $9,000 Contractual (Petroleum) -1 site $9,000/site $9,000 AWP -- -- -- Contractual (Hazardous Substances) -0.5 area $34,800/area $17,400 Contractual (Petroleum) -0.5 area $34,800/area $17,400 Hazardous Substances Budget $26,400 Petroleum Budget $26,400 Total Budget (Hazardous Substances & Petroleum) $52,800 Task 6 Budget Detail by Funding Type Funding Type Personnel Labor & Fringe Contractual Other Total Hazardous Substances Budget $0 $26,400 $0 $26,400 Petroleum Budget $0 $26,400 $0 $26,400 Total Budget (Hazardous & Petroleum) j $0 1 $52,800 j $0 $52,800 Bremerton/Stantec US EPA Brownfield Grant Application & Implementation Assistance FY2017 Page 32 of 36 3.0 SCHEDULE AND DELIVERABLES The table below summarizes the anticipated deliverable schedule (assuming a project start date of September 1, 2017) and the agency/office each will be submitted to. DUE DATE ITEM EPA PO STATE EPA EPA GRANTS FINANCE ■ Kick-off/pre-QAPP meeting with Consultant and EPA. ■ Preliminary inventory work. ■ Develop project fact sheets and webpage content. Months 1-4 ■ Develop Site Nomination Form and X (Sept. -Dec. 2017) Access Agreement Template. ■ Develop comprehensive QAPP. ■ Establish access into ACRES. (Property Profile Forms will be entered into ACRES as property specific projects are completed.) ■ BAC Kick -Off Meeting (meetings will be ongoing with a minimum of Month 5 one/year) (Jan. 2018) - Quarterly Progress Report (QPR) #1 for X period 09/01/17-12/31/17 (for pre- award and 1 Q18 activities) - continue quarterly for as long as needed Month 5 Submit Draft QAPP for approval X X (Jan. 2018) Month 6 First public meeting (meetings will be X (Feb. 2018) ongoing with a minimum of one/year) Months 7-8 Finalize comprehensive QAPP per (Mar. -Apr. 2018) agency comments (a SSSAP will be X X prepared for each property assessed) Month 9 Inventory developed & Site Selection X (May 2018) Criteria set Month 10 Top sites selected X (June 2018) Ongoing - At least X 30 days before ED approval requested & confirmed X (for petroleum assessment is sites only) scheduled to begin ■ Site Access Agreements Before fieldwork - HASP begins • Section 7/NHPA Letters (not required X for Phase I ESA) ■ SSSAP Bremerton/Stantec US EPA Brownfield Grant Application & Implementation Assistance FY2017 Page 33 of 36 4.0 BUDGET 4.1 Budget Tables by Funding Type The tables in this section summarize the budget by expenditure category (i.e. personnel, travel, contractual, etc.). Hazardous Substances Budget Task Personnel Labor & Fringe Contractual Other EPA EPA DUE DATE ITEM EPA PO STATE GRANTS FINANCE $12,000 ■ Phase I & II ESA Reports $12,000 x $0 $16,500 Ongoing ■ ABCA/CAP Reports x (CAPS for sites $20,000 $0 $20,000 ■ AWP Report $0 requiring remedial $0 $61,000 6) ABCAs, CAPS & AWP $0 $26,400 action) $26,400 Total Budget (Hazardous Substances) $0 DBE Report (MBE/WBE) $0 $150,000 Reports will be submitted annually by AnnuallyOctober 30th of each year. x x For forms & more information, visit: (copy) httr)s://www.er)a.gov/resources-small- businesses As Needed Requests for Reimbursement — see x Administrative Terms & Conditions Month 38 Fact Sheet - Assessment results x Final DBE & Federal Financial Reports (FFR; SF425) & Final Drawdown Months 38 — 41 For forms & more information, visit: x httr)s://www.er)a.gov/grants/er)a- � (copy) (copy) grantee-forms Closeout: Final Performance Report with Months 38 — 41 Summary Fact Sheet, Photos, and x Lessons Learned 4.0 BUDGET 4.1 Budget Tables by Funding Type The tables in this section summarize the budget by expenditure category (i.e. personnel, travel, contractual, etc.). Hazardous Substances Budget Task Personnel Labor & Fringe Contractual Other Total 1) Project Management, Reporting & Other Eligible Activities $0 $14,100 $0 $14,100 2) Public Involvement $0 $12,000 $0 $12,000 3) Site Inventory, Prioritization & Eligibility $0 $16,500 $0 $16,500 4) Phase I ESAs $0 $20,000 $0 $20,000 5) Phase II ESAs $0 $61,000 $0 $61,000 6) ABCAs, CAPS & AWP $0 $26,400 $0 $26,400 Total Budget (Hazardous Substances) $0 $150,000 $0 $150,000 Bremerton/Stantec US EPA Brownfield Grant Application & Implementation Assistance FY2017 Page 34 of 36 Petroleum Budget Task Personnel Labor & Fringe Contractual Other Total 1) Project Management, Reporting & Other Eligible Activities $0 $14,100 $0 $14,100 2) Public Involvement $0 $12,000 $0 $12,000 3) Site Inventory, Prioritization & Eligibility $0 $16,500 $0 $16,500 4) Phase I ESAs $0 $20,000 $0 $20,000 5) Phase II ESAs $0 $61,000 $0 $61,000 6) ABCAs, CAPS & AWP $0 $26,400 $0 $26,400 Total Budget (Petroleum) $0 $150,000 $0 $150,000 4.2 Budget Narrative - Combined Hazardous Substances & Petroleum 4.2.1 Budget Detail by Task The budget includes an average rate of $150/hour for contractual services. As stated in our grant application, the City has elected not to use grant funding for personnel labor and fringe or other costs and will only use grant funding for contractual costs. Anticipated costs for each task are provided in the tables included in this section. A detailed description of the scope of work for each task along with a cost breakdown is provided in Section 2.0. 4.2.2 Budget Narrative by Expenditure Category (i) Personnel Labor & Fringe: none 00 Contractual Task Number Amount Task 1 - Project Mgmt, Reporting & Other Eligible Activities $28,200 Task 2 - Public Involvement $24,000 Task 3 - Site Inventory, Prioritization & Eligibility $33,000 Task 4 - Phase I ESAs $40,000 Task 5 - Phase 11 ESAs $122,000 Task 6 - ABCAs, CAPS &AWP $52,800 Total Amount $300,000 Bremerton/Stantec US EPA Brownfield Grant Application & Implementation Assistance FY2017 Page 35 of 36 (iii) Other: none (iv) Total Budget Description Amount Personal Labor $0 Personal Fringe $0 Travel $0 Equipment $0 Supplies $0 Contractual $300,000 Other $0 Total Amount $300,000 5.0 PRE -AWARD COSTS & ACTIVITIES To get a quick -start on the project, the City requests the approval of $15,000 of pre -award costs and a project start date of September 1, 2017 for this CA. A breakdown of pre -award costs and activities is provided in the table below. Description Prepare for and host project kick-off meeting/pre- QAPP call with the EPA Project Officer and Consultant to review project scope, goals, and strategies. Develop fact sheets, webpage content and other outreach materials to inform the community about the project. Develop Site Nomination Form and Access Agreement template. Gather data and develop site inventory work plan. Initiate preparation of the comprehensive QAPP (following kick-off meeting /pre-QAPP call with EPA). Anticipated Anticipated Anticipated Cost Completion Dates Consultant Hours (Contractual) 09/6/17 25 $3,750 9/15/17-9/30/17 20 $3,000 9/15/17-9/30/17 10 $1,500 09/30/17 20 $3,000 09/30/17 25 $3,750 TOTALS -- 100 hours $15,000 Note: The estimated budget was calculated using an average rate of $150/hour for contractual services. Bremerton/Stantec US EPA Brownfield Grant Application & Implementation Assistance FY2017 Page 36 of 36 AGENDA BILL �� CITY OF BREMERTON CITY COUNCIL SUBJECT: Ordinance No. 5333 amending Study Session Date: August 23, 2017 Section 5.02.040 of the Bremerton Municipal COUNCIL MEETING Date: September 6, 2017 Code entitled "Definitions" under Chapter Department: Legal 5.02 entitled "General Business Licenses" Presenter: Kylie Purves Phone: (360) 473-2336 SUMMARY: The proposed ordinance amends Chapter 5.02 of the Bremerton Municipal Code entitled "General Business Licenses" by amending Section 5.02.040 entitled "Definitions" by modifying the definition of "ancillary rental'. The amendment of 2) and removal of 3) from the definition of "Ancillary rental' removes the Accessory Dwelling Unit ("ADU") exception from the definition of "Engaging in business" which triggers the General Business License requirement. ATTACHMENTS: Ordinance No. 5333 FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: ❑x No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda 0 General Business ❑ Public Hearing RECOMMENDED MOTION: Move to pass Ordinance No. 5333 amending Section 5.02.040 of the Bremerton Municipal Code entitled "Definitions" by modifying the definition of "ancillary rental' under Chapter 5.02 entitled "General Business Licenses". COUNCIL ACTION: Form Updated 01/07/15 ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action ORDINANCE NO. 5333 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Chapter 5.02 of the Bremerton Municipal Court entitled "General Business Licenses" by amending Section 5.02.040 entitled "Definitions." WHEREAS, the City Council desires to amend Chapter 5.02 of the Bremerton Municipal Court entitled "General Business Licenses" by amending Section 5.02.040 entitled "Definitions;" NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION]. Section 5.02.040 of the Bremerton Municipal Code entitled "Definitions" is hereby amended to read as follows: 5.02.040 DEFINITIONS. For the purposes of this chapter, the definitions set forth in Chapter 3.48 BMC shall apply to this chapter as applicable. In addition, the following definitions will apply: "Ancillary rental" means 1) the renting and/or leasing of real property by a person as secondary to the primary business use by said person for which a business license is issued pursuant to this chapter, or 2) the renting or leasing of a single portion of a residence that is within the structure of the primary residence of the landlord, such as the renting of a single bedroom, this does not include a separate or secondary dwelling unit which includes all accessory dwelling units. f KPI] "Casual rental" means the renting of the primary residence of the landlord for a period of four months or less in any given calendar year. "Engaging in business" shall also include the renting and/or leasing real property except for casual rentals or ancillary rentals. "License to use" means a personal privilege to do some particular act or series of acts on real property without possessing any estate or interest therein. "Possessory interest" means the right to exert control over specific real property, or a portion thereof, to the exclusion of others. "Renting and/or leasing of real property" means the creation of a possessory interest in residential, commercial and/or industrial real property in another party by lease, sublease, expressed or implied rental agreement, or tenancy from period to period, for the purpose of gain, General Business Licenses - Definitions and includes leases or rentals in mixed use structures. The renting and/or leasing of real property does not include the license to use real property. SECTION2. Severability. If any one or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 3.L ective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. PASSED by the City Council the Approved this day of ATTEST: SHANNON CORIN, City Clerk PUBLISHED the day of EFFECTIVE the day of ORDINANCE NO. day of )2017. ERIC YOUNGER, Council President 2017. PATTY LENT, Mayor APPROVED AS TO FORM: ROGER A. LUBOVICH, City Attorney 2017. 2017. 2 General Business Licenses - Definitions AGENDA BILL CITY OF BREMERTON 6B CITY COUNCIL SUBJECT: Ordinance No. 5334 amending Study Session Date: August 23, 2017 Section 7.08.030 of the Bremerton Municipal COUNCIL MEETING Date: September 6, 2017 Code entitled "Commercial Pet Facilities, Department: City Council Grooming Parlors and Animal Welfare Presenter: Leslie Daugs Facilities" Phone: (360) 473-5280 SUMMARY: The proposed ordinance amends Section 7.08.030 of the Bremerton Municipal Code entitled "Commercial Pet Facilities, Grooming Parlors and Animal Welfare Facilities." The added language includes operation requirements for commercial pet facilities and animal welfare facilities. ATTACHMENTS: Ordinance No. 5334 FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: 0 No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda 0 General Business ❑ Public Hearing RECOMMENDED MOTION: Move to pass Ordinance No. 5334 amending Section 7.08.030 of the Bremerton Municipal Code entitled "Commercial Pet Facilities, Grooming Parlors and Animal Welfare Facilities." COUNCIL ACTION: ❑ Approve Form Updated 01/07/15 ❑ Deny ❑ Table ❑ Continue ❑ No Action ORDINANCE NO. 5334 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Section 7.08.030 of the Bremerton Municipal Code entitled "Commercial Pet Facilities, Grooming Parlors and Animal Welfare Facilities." WHEREAS, the City Council desires to amend Section 7.08.030 of the Bremerton Municipal Code entitled "Commercial Pet Facilities, Grooming Parlors and Animal Welfare Facilities" by adopting reasonable regulations to reduce costs to the City and its residents, protect the citizens of the City who may purchase cats and dogs form a pet shop, promote community awareness of animal welfare, and foster a more healthy and humane environment in the City; and WHEREAS, current federal, Washington State, and Kitsap County regulations do not adequately address the sale of animals in pet shops; and WHEREAS, restricting the retail sale of cats and dogs to only those sourced from animal welfare organizations is likely to increase demand for animals from animal welfare organizations and thereby reduce the number of homeless animals and animal control costs; and WHEREAS, across the country, thousands of independent pet shops, as well as large chains operate profitably with a business model focused on the sale of pet services and supplies and not on the sale of cats and dogs. These shops collaborate with local animal welfare organizations to offer space and support for showcasing adoptable homeless pets on their premises; and WHEREAS, this ordinance will not affect a consumer's ability to obtain cats and dogs directly from an animal welfare organization or from a breeder where the consumer can see directly the conditions in which the cats and dogs are bred, or can confer directly with the breeder concerning those conditions; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION]. Section 7.08.030(b) of the Bremerton Municipal Code entitled "Commercial Pet Facilities, Grooming Parlors and Animal Welfare Facilities" is hereby amended to add sections (8), (9), (10) and (11) as follows: (b) Operation requirements for commercial pet facilities and animal welfare facilities: (1) Adequate food and water for each species, pursuant to Section 7.04.020(a), and proper habitat and medical attention, if needed, shall be provided during normal business hours and when the facilities are not open for business; (2) Food shall be stored in a fashion that prevents contamination or infestation; Page 1 of 3 Commercial Pet & Animal Welfare Facilities (3) The facilities shall be maintained and operated in a healthful and sanitary manner, free from disease, infestation, and foul odors; (4) Sick animals shall be isolated from healthy ones in quarters adequately ventilated to prevent contamination of healthy animals; (5) Sick or injured animals shall receive appropriate medical treatment by or under the auspices of a licensed veterinarian. Records shall be maintained reflecting treatment, care, dates of veterinary visits, and the name of the veterinarian and veterinary clinic providing treatment. Sick or injured animals shall not be sold, bartered, or otherwise transferred from a commercial pet facility or animal welfare facility to a new owner until the illness or injury is substantially healed, unless such transfer is to an animal welfare organization that assumed all responsibility for providing the appropriate medical treatment; (6) Cats and dogs shall receive age-appropriate vaccines and anthelmintics. Records of such shall be maintained for each animal and made available to the animal control authority and the Bremerton-Kitsap County Health District, including the name and address of the attending veterinarian, if applicable; (7) A copy of all medical records including, but not limited to, the records described in subsections (5) and (6) shall be provided to new owners at the time the ownership of the animal is transferred, or to the animal control authority upon request; (8) A pet shop may offer for sale only those cats and dogs that the pet shop has obtained from or displays in cooperation with an animal welfare organization; (9) A pet shop shall not offer for sale a cat or dog that is younger than eight weeks old, (10) A pet shop shall maintain records stating the name and address of the animal welfare organization that each cat and dog was obtained from for at least two years following the date of acquisition. Such records shall be provided to new owners at the time the ownership of the animal is transferred, and to the animal control authority upon request. Each pet shop shall display on each cage a label stating the name and address of the animal welfare organization of each cat or dog kept in a cage, and (11) Commercial pet facilities, grooming parlors, and animal welfare facilities shall comply with the veterinary certification requirements of WAC 16-54-170 when importing dogs, cats, and ferrets from outside Washington. Records documenting compliance with WAC 16-54-170 shall be maintained for at least two years following the date of acquisition of the animal and such records shall be provided to new owners at the time the ownership of the animal is transferred, and to the animal control authority upon request. SECTION 2. Severability. If any one or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 3.L ective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. Page 2 of 3 Commercial Pet & Animal Welfare Facilities PASSED by the City Council the day of 2017. ERIC YOUNGER, Council President Approved this day of )2017. PATTY LENT, Mayor ATTEST: APPROVED AS TO FORM: SHANNON CORIN, City Clerk PUBLISHED the day of EFFECTIVE the day of ORDINANCE NO. ROGER A. LUBOVICH, City Attorney 2017. 2017. R:\Legal\Legal\Ordinances\08.18.17 Animal Control Amendment Ordinance.docx Page 3 of 3 Commercial Pet & Animal Welfare Facilities From: kim siebens To: City Council Subject: Hello from new local Non -Profit "Their Voice" Date: Wednesday, July 12, 2017 12:08:19 AM To Dino Davis, Patricia Sullivan, Leslie Daugs, Jerry McDonald, Greg Wheeler, Richard Huddy, and Eric Younger, I am a Bremerton resident and founder of a new local non profit "Their Voice". We work in animal advocacy, education, and fundraising for companion animals. We were wondering if we could set up a time to meet with you? We are planning on meeting the Bremerton City Council as a group at some point as well. However, we would love to explain who we are and what we are trying to accomplish on a one on one basis to those of you who are interested. We are currently advocating for a ban on the retail sale of puppies and kittens. This ban does not affect responsible breeders and supports all other pet/feed stores and local shelter and rescue groups. Puppies/kittens sold in pet stores come from puppy mills, and we all know the horrors associated with that. There is one store left in Kitsap County that sells puppy -mill puppies (documented), and we want to make sure they cannot move or expand to the city of Bremerton. Currently, Bremerton does not have any stores that earn their profits off the back of puppy -mill puppies, and we want to keep it that way. My friends Karyn Moni and Terry Shuck were actively involved with Bainbridge Island's recent ordinance to ban the retail sale of puppies and kittens, and we would love to have a chance to talk to Bremerton about joining this movement. There are over 230 communities in the United States that have already passed this ban, and Bainbridge was the first in Washington. We know Bremerton is growing through revitalization, and we want to make sure its citizens are protected and ensure our city thrives through humane practices. Thank you for your consideration, and we look forward to hearing from you, Kimmy Siebens, President of Their Voice www.their-voice.org https://www.facebook.com/theirvoiceresource PS This link will direct you to more information regarding the recent ban placed in Bainbridge Island. There is also a letter from the Executive Director of the Kitsap Humane Society supporting a ban and a copy of the ordinance that recently passed. https:..L/bainbridge.novusagenda.com/agenda public/CoverSheet.aspx? ItemID=2370&MeetingID=378 A Kitsap Humane Society A'WUI, + REHABILHAPF . u};. Board of Directors August 3, 2017 Cynthia Bellas many parts of the country where more than 50% of the pets brought into shelters are Kern Bozeman Tina Chenevert Ms. Leslie Daugs Simon Douwes Bremerton City Council Holly Duggan Bremerton WA. Kay Fritchman In Kitsa P Coun ty, we also work with a large homeless pet population. in 2016, 3,008 stray Frank Gibbons animals were either picked up by our animal control officers or brought into the Kitsap Tony Hinson Dear Leslie: Scott Menard their owners. Fortunately, we have great support from our community in in the form of Kelly Morrow We are writing to advocate for the City of Bremerton passing an ordinance barring the sale Christine Newbry these factors, we effectively saved the lives of 96% of the animals entering our shelter, with Lori Oberlander of animals that are bred and sold through puppy mills. We supported such a measure that Emily Olson recently passed through the City of Bainbridge Island's City Council. Even though Bainbridge Ryan Ross did not have any such pet store operations, their ordinance will help prevent such sales David Sanders overpopulation of pets. Kathleen Schultz from occurring in the future. Sally Iellekson Erin Thomasson As you are aware, Kltsap Humane Society is by far the largest animal welfare organization in Kitsap County. Also, as the designated Animal Control authority for all of Kitsap County, Eric Stevens including Bremerton, Unincorporated Kitsap County and all the other incorporated cities Executive Director within the county, we also are the entity that has legal responsibility for enforcing local animal ordinances and for taking in stray domestic animals. So, this gives us some deep Emeritus Board Perspective on the plight of homeless pets. Cary Bozeman At the national level, shelters take in mill ions of homeless pets every year, and there are Lynn Fleischbern many parts of the country where more than 50% of the pets brought into shelters are Dr. Cary Hills euthanized, due to local overpopulation and the lack of adequate resources to care for and Shelley Knerp adopt all those pets Out. Dr. James Moore Gerry Porter Rosemary Shaw In Kitsa P Coun ty, we also work with a large homeless pet population. in 2016, 3,008 stray Kevin Sheehan animals were either picked up by our animal control officers or brought into the Kitsap Humane Society shelter by concerned citizens. Another 1,398 pets were surrendered by their owners. Fortunately, we have great support from our community in in the form of volunteers, adopters and donors, and we operate a highly progressive shelter. Because of these factors, we effectively saved the lives of 96% of the animals entering our shelter, with a euthanasia rate of under 3%. Over the years, we also have effectively reduced the number of stray animals over time with our aggressive spay/neuter efforts. We currently spay/neuter over 5,000 animals yearly, which helps to reduce the reproduction and overpopulation of pets. Despite this progress, homeless and abandoned pets remain a big issue locally, regionally and nationally. Finding homes for over 4,000 local homeless pets, and another 2,000+ pets that we bring in from other shelters (due to overpopulation in their areas) requires a great devotion of resources and community effort. The breeding and selling of animals via puppy mills needlessly adds to the overpopulation locally and nationally. 9167 DICKEY ROAD NW, SILVERDALE, WA 98383 % (360) 692-6977 % WWW.KITS.AP-HUMANE.ORG A Kitsap Humane Society RI':UE • AHA61(II ASI a 10.11.0M`, If puppy mills went out of existence, and all prospective adopters were to adopt homeless pets from animals shelters like ours, we would greatly reduce the homeless pet population in our country, save millions of lives, and reduce the devastating high euthanasia rates that occur in some shelters nationally and regionally. All of that said, we have little ability to track data locally on the impact of puppy mills. One might surmise that the frequent health and behavioral issues in the animals bred in those facilities causes more pet owners to later abandon their pets or fail to look for their lost pets. But when we find a lost or abandoned pet, including those with serious medical and/or behavioral conditions, we generally do not have any indication of whether that pet originally came from a puppy mill. What we do know is that because hundreds of pets are purchased locally from stores who get their supply of pets from puppy mills, it requires more resources and more time in our shelter for those animals who otherwise could have been adopted more quickly (assuming the people who bought their pets from places like Farmland would come and help rescue a pet from us instead). Certainly, a Bremerton ordinance could help raise awareness of this issue, and strengthen Kitsap Humane Society's ability and speed with which we could adopt out the more than 4,000 homeless pets that we take in locally each year. As the Animal Control authority, we would also work closely with City of Bremerton officials to enforce such an ordinance. Please let us know if there are other things we can do, including testifying, to aide this cause. Sincerely, Eric Stevens Eric Stevens Kitsap Humane Society I Executive Director 9167 Dickey Road NW Silverdale, WA 98383 e: executivedirector@ kitsav- humane.org p: (360) 692-6977 x1115 9167 DICKEY ROAD NW, SILVERDALE, WA 98383 S (360) 692-6977 1' WWW.KITSAP-HUMANE.ORG State of Washington House of Representatives STATg T a x �y'L 1RH4 a�1 April 11, 2017 To Whom It May Concern: Two concerned citizens, Karyn Moni and Terry Shuck, have visited me a few times regarding enacting an ordinance to ban the retail sale of puppies in Kitsap County pet and feed stores. These puppies come from puppy mills in the Midwest. During our discussions it was recommended that they pursue this issue at the local level because local government has more focused authority to enact this type of ordinance. I advised them to begin their quest by speaking with the Kitsap County Commissioners. They did follow this advice, but the County Commissioners decided against the ban in early 2016, primarily due to possible costs of legal action brought by the store in question. They are renewing their efforts by bringing the issue to individual cities within Kitsap County; locations that do not have stores that sell puppies. Therefore, the cities would not likely have the threat of legal action, and the ban would ensure a store selling puppy mill puppies would not be allowed in their communities in the future. I support this effort, but did not want to intrude unnecessarily in a matter that might be better dealt with at the local level. Sincerely, 1-16� 41014� Sherry Appleton Washington State Representative 23'd District 7/28/2017 Print Subject: Bremerton Puppy Sales Ban From: Donnelly, Theresa LCDR US NAVY, CVN68 USS NIMITZ (Theresa.Donnelly@cvn68.navy.mil) To: dino@windermere.com; Cc: their.voice@yahoo.com; Date: Sunday, July 23, 2017 4:33 AM Hello Mr. Davis, Not sure if you remember me, but I'm the PAO for USS Nimitz. We really enjoyed hosting you at sea last October. I'm writing to you today in a personal capacity for a cause I have a great amount of passion for. You may have seen recently that Bainbridge Island became the first city in Washington State to pass an ordinance that bans the sale of puppies. What wonderful history was made there! I'm wondering if you and the other city council members would consider passing a similar law in Bremerton. Given that there are already no pet stores there that sell cats/dogs, you'd be sending a great message to the surrounding cities and at the same time prevent puppy mill producers from placing their pets there. As many who have been in the breeding community know, responsible breeders care where their animals end up and would never sell to strangers through a pet store. The evidence is overwhelming that pet stores supply exclusively from puppy farms that sadly offer little to no regulations. And with the Administrations recent decision to take down USDA inspection records of high volume breeding facilities, there is so little we can do to make change at the highest level. But at your level, we can make a difference! I return home from deployment later this year and look forward to working on this unless hopefully it already gets passed. In the meantime, I'm cc'ing the founder of Their Voice, Kim Siebens, a nonprofit that's working very hard in Kitsap County to make it safer for animals there. She is working hard on this and has contacted many of the city council members there. I hope you will kindly consider this request. It would also give shelter animals another avenue to be seen. They could be there at pet stores to better facilitate adoptions. Thank you in advance for reading this email, and I look forward to hearing from you. Sincerely, Theresa Donnelly about:blank 1/1 Kristine Peters, DVM Port Orchard, WA 98367 ms.ryan.dvm@gmail.com Dear City Council members and otherconcerned parties, My name is Kristine Peters and I am a veterinarian living andworking primarilyin Kitsap County. I am a relief veterinarian which affords me the opportunity to work at multiple general practices, emergency clinics, shelters, and high-quality/high-volume spay and neuter clinics on the Olympic Peninsula and beyond. I also work domestically and internationally in disaster relief and spay and neuter. I am writing today in support of a ban on the sale of companion animals in retail settings. As a veterinarian, I examine pets of all sizes, types, species, and backgrounds and through conversations with owners, I learn about where the animal was obtained and by what means. Although I cannot share private client and patient information with the council, I will share some of the non-specific details and patterns rve observed. I have had the opportunity to examine many puppies purchased from stores in Kitsap County that sell companion animals and read the paperwork those pets arrive with. Many puppies have come with a brochure with the name of the kennel the dog came from that had a message from the owner of the kennel, pictures of the owner's children with many puppies/dogs, and the supposed lineage of each puppy through multiple generations. Each flier was basically identical with the only change being the breed of dog that was typed into that space (sometimes with white-out and re- typing) and sometimes the pictures would change if the breed changed drastically between dogs. There seem to be purebred puppies and designer breeds (such as Labradoodles, Malti-Poos, Bos-mal-tzus, etc.) in equal amounts. Almost every recently purchased puppy I have examined has been 5-7 weeks of age - this is underthe recommended re -homing age of 8-10 weeks, as recommended by the American Veterinary Medical Association (AVMA). Many patients I have examined were ill or suffered from behavioral concerns —the most common conditions appear to upper respiratory infections including kennel cough and pneumonia, parvovirus infection, dehydration, malnourishment, inability to eat solid food, inappropriate nursing on blankets, clothes, and people, biting and excessive vocalization. Some puppies are also found to have genetic abnormalities that a responsible breeder would not: 1) sell the puppies with that abnormality, 2) breed the bitch and sire again due to the poor genetic quality of the offspring, and 3) ask or pay a veterinarian to sign off on the health certificate with these known issues. The most common genetic abnormalities appear to be umbilical hernias, heart defects, cryptorchism (one or both testicles retained), severe brachycephalic complications (elongated palate, stenotic nares, etc...in flat -faced breeds) and portosystemic shunts (PSS - primarily in Yorkshire Terriers). Many patients require out-patient treatment and some require hospitalization. As an example, out-patient treatment could include antibiotics and fluid therapy at a cost of $50-$100, an umbilical hernia or cryptorchid surgery can cost $100+ in additional to the typical spay/neuter fee, a PSS surgery or heart defect surgery, if the patient is a candidate, can cost $5,000-$6,000+ and a parvovirus infection could cost $1,500-$3,000+ depending on severity. Some patients recover, some patients die from their illnesses or genetic abnormalities, and some patients are relinquished to Kitsap Humane Society (KHS) due to the overwhelming cost associated with treatment. There is no recourse against a puppy mill and no financial assistance to an ownerwith a pet who is adversely affected by theirgenetics and upbringing. I have also had the opportunity to examine older dogs that came from suspected or known puppy mills and the majority of cases are very similarto those seen in the newly purchased puppies but there are less upper respiratory infections and more behavior issues. Puppies that are raised in confinement, without proper socialization, and are removed from their mother and siblings too young can sufferfrom inhibition, biting, aggressiveness, fear -based aggression, and the inability to deal effectively with their environment in the face of new stimulus. Studies have shown that if early socialization with people and unfamiliar dogs does not occur by 5 weeks, the puppy can become waryon first presentation of the new stimulus and by 7 weeks theywill actively avoid the stimulus. This fear, if not aggressively managed by new owners, can become permanent by 14 weeks of age. I have observed many fearful, fear -aggressive, and dangerous dogs in practice that can trace their origins to puppy mills where socialization is not provided. These animals, and their owners, are usually overwhelmed and need extensive behavior management training and many still end up in shelters. Ina perfect world, the shelter provides the pet with the appropriate training and socialization and a specialized home where it can live safely but we don't live in a perfect world. The United States still euthanizes over 3 million shelter animals every year and although Kitsap Humane Society is a leader in behavior management and rehoming, they too can become overwhelmed with the sheer number of dogs with behavioral and medical issues that need help. Puppy mills not only cause suffering to the bitches, sires, and offspring at the facility and in the transportation of the animals to pet stores, but also places a burden on: 1) owners that have purchased the animals either believing (incorrectly) that they have received a superior animal from superior breeding stock or in a misguided attempt to 'rescue' the poor, sick pet store puppy and then are faced with extensive medical bills, 2) veterinary practices that must tell a new ownerthat their cute little puppy is dying or requires extensive or lifelong medical treatment/surgery from a preventable disease they contracted from their rearing environment or genetic abnormality due to poor breeding, 3) shelters that may accept the pet when the owner cannot afford medical treatment or behavior training, and 4) the community as a whole when a behaviorally compromised pet bites an unsuspecting community member and/or the place of business selling puppy mill pets comes under fire for promoting animal suffering for profit and selling sick puppies and kittens. Puppy mills are typically the focus of these bans but kitten mills also exist and place the same burdens on pets, their owners, and our communities for most of the same reasons. Many towns and cities across the nation have implemented a ban on the sale of companion animals in retail settings to prevent suffering, encourage education regarding pet ownership, promote responsible adoption of pets, decreased the shelter surrender rate, and decrease euthanasia rates with much success. Businesses that sell companion animals will initially have an aversion to this ban because it affects their bottom line, but ultimately they can become a champion in animal welfare and a pillarof the community in supporting responsible pet ownership and rescue adoption. In some areas, rescues and pet stores have partnered to provide rescue animals for adoption through the pet store in orderto benefit all parties; whether that is an option here or not remains to be seen. But for the sake of the pets born and raised in puppy and kitten mills and shipped here to be sold and then possibly suffer from illnesses, genetic abnormalities, behavioral issues, shelter surrender and/or euthanasia, I hope that this ban is initiated as soon as possible. Please contact me if I may be of service. Sincerely, l�,G Awc PC&W, LSM Kristine Peters, DVM Humane Society of the United States model language for an ordinance WHEREAS, a significant number of puppies and kittens sold at pet shops come from large-scale, commercial breeding facilities where the health and welfare of the animals are not adequately provided for ("puppy mills" and "kitten mills," respectively). According to The Humane Society of the United States, it is estimated that 10,000 puppy mills produce more than 2,400,000 puppies a year in the United States and that most pet shop dogs and cats come from puppy mills and kitten mills. WHEREAS, the documented abuses endemic to puppy and kitten mills include over -breeding; inbreeding; minimal to non-existent veterinary care; lack of adequate and nutritious food, water and shelter; lack of socialization; lack of adequate space; and lack of adequate exercise. WHEREAS, the inhumane conditions in puppy and kitten mill facilities lead to health and behavioral issues in the animals bred in those facilities, which many consumers are unaware of when purchasing animals from pet shops due to both a lack of education on the issue and misleading tactics of pet shops in some cases. These health and behavioral issues, which may not present themselves until sometime after the purchase of the animals, can impose exorbitant financial and emotional costs on consumers. WHEREAS, current Federal, State and County regulations do not properly address the sale of puppy and kitten mill dogs and cats in pet shops. WHEREAS, restricting the retail sale of puppies and kittens to only those that are sourced from shelters or rescue organizations is likely to decrease the demand for puppies and kittens bred in puppy and kitten mills, and is likely to increase demand for animals from animal shelters and rescue organizations. WHEREAS, due in large part to pet overpopulation, more than [insert local data] dogs and cats are euthanized in [insert state] animal shelters annually, including nearly [insert local data] in the [insert city/town/county]. Restricting the retail sale of puppies and kittens to only those that are sourced from animal shelters and rescue organizations will likely reduce pet overpopulation and thus the burden on such agencies and financial costs on local taxpayers. WHEREAS, across the country, thousands of independent pet shops as well as large chains operate profitably with a business model focused on the sale of pet services and supplies and not on the sale of dogs and cats. Many of these shops collaborate with local animal shelters and rescue organizations to offer space and support for showcasing adoptable homeless pets on their premises. WHEREAS, this Ordinance will not affect a consumer's ability to obtain a dog or cat of his or her choice directly from a breed -specific rescue organization or a shelter, or from a hobby breeder where the consumer can see directly the conditions in which the dogs or cats are bred, or can confer directly with the hobby breeder concerning those conditions. WHEREAS, the City Council believes it is in the best interests of this City to adopt reasonable regulations to reduce costs to the City and its residents, protect the citizens of the City who may purchase cats or dogs from a pet shop or other business establishment, help prevent inhumane breeding conditions, promote community awareness of animal welfare, and foster a more humane environment in the City. Section 1. Definitions Animal care facility means an animal control center or animal shelter, maintained by or under contract with any state, county, or municipality, whose mission and practice is, in whole, or significant part, the rescue and placement of animals in permanent homes or rescue organizations. Animal rescue organization means any not-for-profit organization which has tax-exempt status under Section 501(c)(3) of the United States Internal Revenue Code, whose mission and practice is, in whole or in significant part, the rescue and placement of animals in permanent homes. Cat means a member of the species of domestic cat, Felis catus. Dog means a member of the species of domestic dog, Canis familiaris. Offer for sale means to sell, offer for sale or adoption, advertise for the sale of, barter, auction, give away or otherwise dispose of a dog or cat. Pet shop means a retail establishment where dogs and cats are sold, exchanged, bartered or offered for sale as pet animals to the general public at retail. Such definition shall not include an animal care facility or animal rescue organization, as defined. Section 2. Restrictions on the Sale of Animals (1) A pet shop may offer for sale only those dogs and cats that the pet shop has obtained from or displays in cooperation with: (a) An animal care facility; or (b) An animal rescue organization. (2) A pet shop shall not offer for sale a dog or cat that is younger than eight weeks old. Section 3. Record Keeping and disclosure A pet shop shall maintain records stating the name and address of the animal care facility or animal rescue organization that each cat or dog was obtained from for at least two years following the date of acquisition. Such records shall be made available, immediately upon request, to [insert enforcement authority] and submitted annually, and no later than May 1 of each year, to [insert city/town/county]. Each pet shop shall display on each cage a label stating the name and address of the animal care facility or animal rescue organization of each animal kept in the cage. Section 4. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this Ordinance shall be declared invalid for any reason whatsoever, such decision shall not affect the remaining portions of this Ordinance which shall continue in full force and effect, and to this end the provisions of this Ordinance are hereby declared to be severable. Section 5. Effective Date. This ordinance shall become effective 90 days after passage. How you can help stop puppy mills 0 uestion breeders and pet stores. Urge pet stores to support shelters and rescues instead of dollar signs. Educate family and friends about puppy mills. Share the links. posts. tweets and stories to raise awareness. P vv 11111 Talk to legislators arid local authorities to strengtherrlaws an.1 penal -,,es aci in o PUPPY mills. I nspect breeders thoroughly. and report them if they raise a red flag. 0 rganize meetings. fundraisers or shelter ad,, pr. cris, to dPcr .a .guppy mill demands.. Int' o more profits for puppy mills and the pet stores that support them! PetsAdviser.com »'err-3't'e,/• --+a¢z�' =u� a7c .. -.^'— t. a � its y m {'` ! MINX `�"*�"3,P� e .Y !` ... r a� � ' � � d jjf U �. � -- I •-r�" q � •'- r I . 1 � r Lr I �(�,.� I ) a d� , 'ort ,+ i • Rig 051-02.1,2011 iv r ^• � F '..,i r i•'�r d+moi.=e ' ;r p�i�jlr� ..T,�..•.,.ti — `T ^"r fes' T,�, f"�v i ,`.' p {t , C+I+ x ';;Y gar, t � F{% • .t.`,. • ii' - �� i j�a� � ' 1 14 P&e Ve Dear Bremerton City Council, Dr. Shelby Watson 25297 Big Valley Rd NE Poulsbo, WA 98370 360.697.1650 August 8, 2017 I am writing to request your support of a ban on the retail sale of companion animals in stores in our community. My concerns, both for the health of the animals, and the well-being of our animal -centric community, include: 1. The sale of cats and dogs in this setting financially supports and legitimizes large-scale breeding operations with business models that promote the inhumane treatment of animals before and at the point of sale, breeding of genetically compromised animals with life-long medical issues, and introduction of infectious diseases into our community. This situation creates a financial and emotional burden for our populace, and does not reflect the values of our conscientious culture. 2. Our local community has developed a robust network to support animal well-being. Rescue and outreach organizations, led by Kitsap Humane Society, along with Progressive Animal Welfare Society, Rescue Every Dog, and Kitsap Animal Rescue & Education put great effort into improving animal health, preventing pet homelessness, providing education for the public, and, of course, matching pets with great homes. By banning retail sale of pets at stores, we will reinforce their important work (and the many citizens who donate their time and resources to them) by reducing the burden they face in caring for unhealthy and poorly -suited pets bought from stores. As a veterinarian in Kitsap County since 2004, I have witnessed many times the heartbreak of unsuspecting or misinformed pet owners, the suffering of the animals themselves, and the untold cost to the community. Well-meaning clients regularly come to the clinic with stories of how they felt compelled to "rescue" puppies from pet stores, buying them and nursing them to health. In this seeming act of compassion, they have reinforced the incentive structure for those who seek to profit from the production of defenseless lives in horrific conditions. The only way to change this paradigm is to make it impossible for these businesses to operate in our community, since as long as there are animals in need, there will be kind people eager to give them homes. Let's enact this ban so that our local laws reflect the spirit of our caring community. Sincerely, Shelby Watson, DVM From: kim siebens To: City Council Subject: Letter in support of pet store ordinance to ban the sale of puppies and kittens Date: Wednesday, August 9, 2017 12:24:25 AM Attachments: Watson Brem ertonPetSaleLetter. odf To the Members of the Bremerton City Council, I hope you are all enjoying your summer (even with all of this smoky "weather" we've been having). I wanted to send you this letter (attached) that was given to me by local Veterinarian, Dr Shelby Watson. She wanted to show her support of a ban on the sale of companion animals in pet stores in Bremerton, WA. I appreciate you taking the time to listen to her concerns regarding this matter. Also, I wanted to invite you to a community event my new Nonprofit, Their Voice, will be participating in on August 23rd from 6-8 pm at Dog Days Brewing in downtown Bremerton. A local painting instruction business called Rimbert Illustration will be teaching people (who sign up for the event) how to paint their pet while they enjoy a locally crafted pint of beer. Their Voice will also have some fun dog themed baskets up for raffle. A portion of proceeds of this event will be going to Their Voice to help us continue to provide community outreach events where we enjoy teaching the community about puppy mills and how pet stores are still allowed to sell their farmed puppies and kittens in WA state. Thanks again for all of your time, Kim Siebens President of Their Voice www.their-voice.org From: Lori Smith on behalf of City Council To: Karen Moni Cc: City Council; Patty Lent Subject: RE: Comments on Banning the Retail Sale of Puppies (Katyn Moni) Date: Wednesday, August 23, 2017 7:20:01 PM Ms. Moni, Thank you for your comments, which will be shared with the Council Members and Mayor Lent. Your comments will also be included as a part of the record when this item is before the City Council at their meeting on Wednesday, September 6, 2017. ��i 0 Legislative Assistant Bremerton City Council (360) 473-5280 City.Council(@ci.bremerton.wa.us www. Bremerton WA.gov From: Karyn Moni [mailto:krmonidiem@gmail.com] Sent: Wednesday, August 23, 2017 7:02 PM To: City Council <City.Council@ci.bremerton.wa.us>; Patty Lent <Patty.Lent@ci.bremerton.wa.us> Subject: Banning the retail sale of puppies Mayor Lent and Council members Eric Younger, Leslie Daugs, Greg Wheeler, Pat Sullivan, Dino Davis, Richard Huddy and Jerry McDonald, First, what a nice thing to do to bump our issue to the top of the meeting tonight, and thank you all for taking the time to discuss this amendment to the Bremerton Municipal Code. Also, thank you for your thoughtful questions regarding how this would effect local, responsible breeders as well as addressing how this would be enforced. Responsible breeders do not sell puppies in retail stores. Breeders want to maintain breed standards and better the breed. They value their dogs and generally prefer to approve the homes where their puppies will go. Responsible breeders of dogs that aren't purebred also want their dogs and puppies treated humanely for the entirety of their lives. In Washington State's RCW 16.52.310, our state has noted "The legislature finds that dogs are neither a commercial crop nor commodity and should not be indiscriminately or irresponsibly mass produced." Let's help enforce that and protect Bremerton's citizens from potential expenses and heartache. And, yada, yada, yada, the code should be amended:) (I love a good Seinfeld reference tool) Karyn Moni krmonidiem( gmail.com 360-509-5954 From: Christine Grenier on behalf of City Council To: Elizabeth Oreck Cc: City Council; Patty Lent; City Clerk; Legal Subject: Citizen Letter - Support for a Retail Pet Sales Ordinance (Elizabeth Oreck, Best Friends Animal Society) Date: Monday, August 28, 2017 11:27:18 AM Attachments: Responsible vs. Irresponsible Breedina.iog Bremerton Ordinance Su000rt Letter Aug 2017.odf Jurisdictions with Retail Pet Sales Bans (By State) Aug 2017.1)df AKC Breeders Code of Ethics re Pet Stores.odf Dr. Frank McMillan Executive Summary PM Studies.odf JAVMA Pet Store Puooies Study.odf What is a Puooy Mill brochure.odf imaae003.ona Ms. Oreck, This is to acknowledge that your e-mail was received and has been provided to the Council Members for their review and consideration. A copy of your email, letter, and attachments will be included as a part of the record for the September 6 Council Meeting under General Business Item 6B. Thank you for taking the time to submit your comments. Sincerely, Christine Grenier Council/Auditor Assistant Bremerton City Council (360) 473-5280 City.Council(Mci.bremerton.wa.us www.BremertonWA.gov From: Elizabeth Oreck[mailto:elizabetho@bestfriends.org] Sent: Monday, August 28, 2017 10:43 AM To: City Council <City.Council@ci.bremerton.wa.us>; Patty Lent <Patty.Lent@ci.bremerton.wa.us> Cc: City Clerk<City.Clerk@ci.bremerton.wa.us>; Legal <Legal@ci.bremerton.wa.us> Subject: Support for a retail pet sales ordinance from Best Friends Animal Society Honorable Mayor Lent, Council President Younger and Council members: Attached please find a letter from Best Friends Animal Society in support of an ordinance to restrict the retail sale of dogs and cats in Bremerton pet stores. Also attached are a few resource documents that may be of use to you. Best Friends is one of the leading animal welfare organizations in the United States. We are committed to fighting the cruelty of puppy and kitten mills, and we believe that an ordinance to restrict retail pet sales in Bremerton will be a positive step to that end. We have been proud to work with the majority of the more than 250 communities throughout North America that have enacted retail pet sales ordinances, and I hope you will not hesitate to contact me if you should have any questions. On a personal note, I had the privilege of embarking on a tour at sea on the USS Nimitz last year with Council member Davis. It was, without question, one of the highlights of my life. Thank you for your consideration this important proposal. Respectfully, Elizoucth Oreck National Manager, Puppy Mill Initiatives Best Friends Animal Society (818) 922-2445 bestfriends.ora facebook.com/bestfriendsanimalsociety I twitter.com/bestfriends A Together, we can Save Them All p . Gu {amu IBJ cu CL n LU ■� yy 4--` cu oL in❑ w .,, r O _ V) �--� - �ti >. 4-1 0 ra cu C. cu c cu r_ to to cu a) cu ru LM vi bo 4-J '.. �L7 Ln 0 c � c ai �_ �••+* w E Ja a) ro rE L Lp L2 (U _ CL C w u w LA . 03 cu to bo 0 0 6 k"v A h77 A Best Friends Animal Society 25 August 2017 Bremerton Mayor and Council 3456 Ih Street, Suite 600 Bremerton, WA 98337 SAVE THEM ALL"' Re: Support for a retail pet sales ordinance amending Municipal Code Section 7.08.030 Honorable Mayor Lent, Council President Younger, and Council members: On behalf of Best Friends Animal Society, a national animal welfare organization in its thirty-fourth year, I would like to offer support for an ordinance to restrict the retail sale of dogs and cats in Bremerton pet stores. We encourage you to join more than 250 municipalities that have made the change to no longer allow pet stores to sell commercially bred pets, unless the pets come from shelters or rescue groups. Pet mills, particularly puppy mills, are a serious problem in the U.S. These facilities, which supply nearly 100% of retail pet stores and online retailers, are cruel and inhumane breeding factories in which profit takes priority over the health, comfort and welfare of the animals. Although the USDA regulates these breeders, the minimum federal standards do not ensure a humane life for dogs. These types of kennels can legally have more than a thousand dogs in one facility, and these dogs are allowed to be confined to very small cages for their entire lives, breeding continuously in order to produce as many puppies as possible for the pet trade. And USDA inspection reports show that many USDA -licensed breeders continue to sell animals to local pet stores even after being cited for serious violations at their facilities. Pet stores rely on high-volume commercial puppy (and kitten) mills -- and their distributors -- to supply their stores because reputable breeders won't sell to pet stores for two simple reasons: it's not financially viable and they don't sell to third parties. And this pledge never to sell a puppy to a pet store can be found in every reputable breeder's code of ethics, including virtually all of the parent breed clubs on the American Kennel Club website. Because the goal is to make a profit, pet mill owners cut all possible corners to keep their overhead low, at the expense of the well-being of their animals. For the unsuspecting consumer, this frequently results in the purchase of a pet facing an array of immediate veterinary problems or harboring genetic diseases that surface down the line. This creates a financial burden on the consumer and results in many of these animals being surrendered to overcrowded shelters. Thus, this is not just an animal welfare issue but a consumer protection concern. Best Friends Animal Society Best Friends Animal Society - Los Angeles Best Friends Animal Society - Best Friends Animal Society - Utah 5001 Angel Canyon Road 15321 Brand Blvd. New York City 2005 South 1100 East Kanab, LIT 84741 Mission Hills, CA 91345 contactnyc@bestfriends.org Salt Lake City, UT 84106 • • Best Friends A)40 Socetvy SAVE THEM ALLTM It makes little sense to continue manufacturing dogs and cats when so many are being killed for lack of space. Public education has been effective, but until communities take the initiative to limit the supply of pets being imported from substandard commercial facilities, there can be no hope of preventing these unnecessary deaths. Those who benefit most from companion animal sales in pet stores are the retailers themselves. While they may profit from the practice of buying these pets at a low price from commercial brokers and then selling them (typically without first spaying or neutering them) at a high price, it is the taxpaying public who pays for animal control to house and kill unwanted animals in the community. Puppy mill -supplied pet stores can choose to be part of the solution rather than the problem by phasing out the sale of commercially bred pets in favor of other common revenue streams such as pet product sales, grooming and day care, and by offering space for animal rescue organizations to adopt out animals from those stores. Best Friends has partnered with several of the many pet stores that have transitioned from selling milled dogs and cats to offering rescued pets for adoption, and we have found this humane model to be both viable and embraced by the communities in which the stores are located. Thus, a restriction on the retail sale of pets would not preclude pet stores from doing business, but would, in fact, alleviate a significant burden on local shelters by increasing pet adoptions. Further, it would not prevent anyone from purchasing a pet directly from a private breeder. Best Friends and our members thank you in advance for taking a compassionate, common sense initiative to addressing the pet mill problem in your community and setting a positive example for the rest of the country to follow. We have been proud to work with the majority of municipalities throughout the U.S. (including Bainbridge Island, Los Angeles, San Diego, Boston, San Francisco, Las Vegas and Chicago) that have enacted similar ordinances, and we would be honored to help Bremerton do the same. Thank you for your consideration of this important reform. Respectfully, EZ3�e4g DAG Elizabeth Oreck National Manager, Puppy Mill Initiatives Best Friends Animal Society bestfriends.org/puppymills elizabetho(a)-bestfriends.org Best Friends Animal Society Best Friends Animal Society - Los Angeles Best Friends Animal Society - Best Friends Animal Society - Utah 5001 Angel Canyon Road 15321 Brand Blvd. New York City 2005 South 1100 East Kanab, LIT 84741 Mission Hills, CA 91345 contactnyc@bestfriends.org Salt Lake City, UT 84106 0 0 Best Friends Animal Society SAVE THEM ALL"' Retail Pet Sales Bans Enacted in North America (251) (Links to ordinances available at bestfriends.org/puppymills) (8-25-17) ARIZONA Phoenix, AZ - Enacted December 2013; effective January 2014 Tempe, AZ - Enacted February 2016; effective May 2016 CALIFORNIA South Lake Tahoe, CA - Enacted April 2009; effective May 2011 West Hollywood, CA - Enacted February 2010; effective March 2010 Hermosa Beach, CA - Enacted March 2010; effective April 2010 Turlock, CA - Enacted May 2010; effective June 2010 Glendale, CA - Enacted August 2011; effective August 2012 Irvine, CA - Enacted October 2011; effective immediately Dana Point, CA - Enacted February 2012; effective immediately Chula Vista, CA - Enacted March 2012; effective April 2012 Laguna Beach, CA - Enacted May 2012; effective immediately Aliso Viejo, CA - Enacted May 2012; effective immediately Huntington Beach, CA - Enacted June 2012; effective June 2014 Los Angeles, CA - Enacted October 2012; effective June 2013 Burbank, CA - Enacted February 2013; effective August 2013 Rancho Mirage, CA - Enacted February 2013; effective March 2013 San Diego, CA - Enacted July 2013; effective September 2013 Ventura County, CA - Enacted December 2013; effective December 2014 Chino Hills, CA - Enacted October 2014; effective November 2014 Oceanside, CA - Enacted January 2015; effective September 2015 Long Beach, CA - Enacted March 2015; effective October 2015 Garden Grove, CA - Enacted March 2015; effective March 2016 Best Friends Animal Society Best Friends Animal Society - Los Angeles Best Friends Animal Society - Best Friends Animal Society - Utah 5001 Angel Canyon Road 15321 Brand Blvd. New York City 2005 South 1100 East Kanab, LIT 84741 Mission Hills, CA 91345 contactnyc@bestfriends.org Salt Lake City, UT 84106 0 0 Best Friends Animal Society SAVE THEM ALL"' Encinitas, CA - Enacted July 2015; effective immediately Beverly Hills, CA - Enacted August 2015; effective September 2015 Vista, CA - Enacted September 2015; effective October 2015 Palm Springs, CA - Enacted October 2015; effective immediately San Marcos, CA - Enacted January 2016; effective February 2016 Cathedral City, CA - Enacted January 2016; effective February 2016 Truckee, CA - Enacted February 2016; effective immediately Indio, CA - Enacted April 2016; effective immediately La Quinta, CA - Enacted April 2016; effective May 2016 Carlsbad, CA - Enacted May 2016; effective June 2016 Colton, CA - Enacted June 2016; effective July 2016 Solana Beach, CA - Enacted July 2016; effective immediately San Francisco, CA - Enacted February 2017; effective March 2017 Sacramento, CA - Enacted May 2017; effective immediately South Pasadena, CA - Enacted June 2017; effective July 2017 Del Mar, CA - Enacted August 2017; effective September 2017 COLORADO Fountain, CO - Enacted May 2011; effective May 2011 FLORIDA Flagler Beach, FL - Enacted June 2009; effective immediately Lake Worth, FL - Enacted February 2011; effective February 2011 Coral Gables, FL (applies to dogs only) Opa-Locka, FL (applies to dogs only) North Bay Village, FL (applies to dogs only) Hallandale Beach, FL - Enacted April 2012; effective immediately Margate, FL - Enacted October 2013; effective immediately Pinecrest, FL - Enacted October 2013; effective immediately Best Friends Animal Society Best Friends Animal Society - Los Angeles Best Friends Animal Society - Best Friends Animal Society - Utah 5001 Angel Canyon Road 15321 Brand Blvd. New York City 2005 South 1100 East Kanab, LIT 84741 Mission Hills, CA 91345 contactnyc@bestfriends.org Salt Lake City, UT 84106 0 0 Best Friends Animal Society SAVE THEM ALL"' Palmetto Bay, FL - Enacted December 2013; effective immediately Coconut Creek, FL - Enacted January 2014; effective immediately Wellington, FL - Enacted January 2014; effective immediately Surfside, FL - Enacted February 2014; effective immediately Aventura, FL - Enacted March 2014; effective immediately Wilton Manors, FL - Enacted March 2014; effective immediately Greenacres, FL - Enacted April 2014; effective immediately North Lauderdale, FL - Enacted April 2014; effective immediately Bay Harbor Islands, FL - Enacted April 2014; effective immediately Pompano Beach, FL - Enacted May 2104; effective immediately North Miami Beach, FL - Enacted May 2014; effective immediately Miami Beach, FL - Enacted May 2014; effective January 2015 Bal Harbour Village, FL - Enacted May 2014; effective immediately Sunny Isles Beach, FL - Enacted May 2014; effective immediately Dania Beach, FL - Enacted June 2014; effective immediately Palm Beach Gardens, FL - Enacted July 2014; effective immediately Juno Beach, FL - Enacted July 2014; effective immediately Cutler Bay, FL - Enacted August 2014; effective immediately North Palm Beach, FL - Enacted August 2014; effective immediately Hypoluxo, FL - Enacted September 2014; effective immediately Jupiter, FL - Enacted October 2014; effective immediately Homestead, FL - Enacted October 2014; effective immediately Tamarac, FL - Enacted December 2014; effective immediately Palm Beach, FL - Enacted January 2015; effective immediately North Miami, FL - Enacted April 2015; effective immediately Lauderhill, FL - Enacted April 2015; effective immediately Fernandina Beach, FL - Enacted July 2015; effective immediately Jacksonville Beach, FL - Enacted August 2015; effective immediately Deerfield Beach, FL - Enacted November 2015; effective May 2016 Best Friends Animal Society Best Friends Animal Society - Los Angeles Best Friends Animal Society - Best Friends Animal Society - Utah 5001 Angel Canyon Road 15321 Brand Blvd. New York City 2005 South 1100 East Kanab, LIT 84741 Mission Hills, CA 91345 contactnyc@bestfriends.org Salt Lake City, UT 84106 0 0 , "T Best Friends Animal Society SAVE THEM ALL"' West Melbourne, FL - Enacted November 2015; effective immediately Casselberry, FL - Enacted November 2015; effective immediately Neptune Beach, FL - Enacted January 2016; effective February 2016 Sarasota County, FL - Enacted January 2016; effective January 2017 South Miami, FL - Enacted January 2016; effective immediately Delray Beach, FL - Enacted March 2016; effective immediately Hollywood, FL - Enacted June 2016; effective December 2016 St. Petersburg, FL - Enacted July 2016; effective immediately Key West, FL - Enacted August 2016; effective immediately Miramar, FL - Enacted August 2016; effective immediately Palm Beach County, FL - Enacted September 2016; effective November 2016 Safety Harbor, FL - Enacted November 2016; effective immediately Holmes Beach, FL - Enacted February 2017; effective immediately Fort Lauderdale, FL - Enacted June 2017; effective immediately DeSoto County, FL - Enacted July 2017; effective immediately GEORGIA Canton, GA - Enacted March 2017; effective immediately Holly Springs, GA - Enacted May 2017; effective immediately Waleska, GA - Enacted May 2017; effective immediately Woodstock, GA - Enacted June 2017; effective immediately ILLINOIS Waukegan, IL - Enacted June 2012; effective immediately Chicago, IL - Enacted March 2014; effective March 2015 Cook County, IL - Enacted April 2014; effective October 2014 Warrenville, IL - Enacted February 2016; effective immediately Best Friends Animal Society Best Friends Animal Society - Los Angeles Best Friends Animal Society - Best Friends Animal Society - Utah 5001 Angel Canyon Road 15321 Brand Blvd. New York City 2005 South 1100 East Kanab, LIT 84741 Mission Hills, CA 91345 contactnyc@bestfriends.org Salt Lake City, UT 84106 0 0 I I, 181.•.,.•, Best Friends Animal Society SAVE THEM ALL"' St. Joseph County, IN (unincorporated areas) - Enacted May 2017; effective immediately MAINE Portland, ME - Enacted September 2016; effective immediately MARYI ANIS Montgomery County, MD - Enacted March 2015; effective June 2015 MASSACHUSETTS Boston, MA - Enacted March 2016; effective immediately Stoneham, MA - Enacted May 2017; effective immediately Cambridge, MA - Enacted August 2017; effective November 2017 MICHIGAN Eastpointe, MI - Enacted September 2015; effective January 2016 Memphis, MI - Enacted September 2015; effective immediately Fraser, MI - Enacted December 2015; effective immediately MINNESOTA Roseville, MN - Enacted March 2017; effective September 2017 I 'Ll I =V%\ 871 Las Vegas, NV - Enacted January 2016; effective January 2018 Mesquite, NV - Enacted May 2016; effective June 2016 North Las Vegas, NV - Enacted December 2016; effective immediately Best Friends Animal Society Best Friends Animal Society - Los Angeles Best Friends Animal Society - Best Friends Animal Society - Utah 5001 Angel Canyon Road 15321 Brand Blvd. New York City 2005 South 1100 East Kanab, LIT 84741 Mission Hills, CA 91345 contactnyc@bestfriends.org Salt Lake City, UT 84106 0 0 Best Friends Animal Society SAVE THEM ALL"' NEW JERSEY Point Pleasant, NJ - Enacted May 2012; effective immediately Brick, NJ - Enacted July 2012; effective immediately Manasquan, NJ - Enacted September 2012; effective immediately Point Pleasant Beach, NJ - Enacted October 2012; effective immediately Hoboken, NJ - Enacted May 2013; effective immediately Oceanport, NJ - Enacted August 2013; effective immediately North Brunswick, NJ - Enacted October 2013; effective November 2013 Randolph, NJ - Enacted September 2014; effective immediately Camden County, NJ - Enacted September 2015; effective immediately Voorhees, NJ - Enacted October 2015; effective immediately Brooklawn, NJ - Enacted October 2015; effective immediately Audubon, NJ - Enacted October 2015; effective immediately Waterford, NJ - Enacted October 2015; effective January 2016 Cherry Hill, NJ - Enacted November 2015; effective immediately Merchantville, NJ - Enacted November 2015; effective immediately Runnemede, NJ - Enacted December 2015; effective March 2016 Somerdale, NJ - Enacted December 2015; effective March 2016 Laurel Springs, NJ - Enacted December 2015; effective March 2016 Oaklyn, NJ - Enacted December 2015; effective immediately Westville, NJ - Enacted December 2015; effective March 2016 Haddon Heights, NJ - Enacted December 2015; effective March 2016 Gloucester Township, NJ - Enacted December 2015; effective January 2016 Glassboro, NJ - Enacted December 2015; effective March 2016 Magnolia, NJ - Enacted December 2015; effective March 2016 Bellmawr, NJ - Enacted January 2016; effective immediately Berlin Township, NJ - Enacted February 2016; effective May 2016 Clementon, NJ - Enacted March 2016; effective June 2016 Pine Hill, NJ - Enacted March 2016; effective immediately Best Friends Animal Society Best Friends Animal Society - Los Angeles Best Friends Animal Society - Best Friends Animal Society - Utah 5001 Angel Canyon Road 15321 Brand Blvd. New York City 2005 South 1100 East Kanab, LIT 84741 Mission Hills, CA 91345 contactnyc@bestfriends.org Salt Lake City, UT 84106 0 0 Best Friends Animal Society SAVE THEM ALL"' Haddon Township, NJ - Enacted March 2016; effective immediately Winslow, NJ - Enacted March 2016; effective immediately Jackson, NJ - Enacted March 2016; effective immediately Collingswood, NJ - Enacted April 2016; effective immediately Audubon Park, NJ - Enacted April 2016; effective immediately Mount Ephraim, NJ - Enacted April 2016; effective immediately Barrington, NJ - Enacted April 2016; effective immediately Berlin Borough, NJ - Enacted April 2016; effective immediately East Brunswick, NJ - Enacted April 2016; effective May 2016 Gloucester City, NJ - Enacted April 2006; effective July 2016 Chesilhurst, NJ - Enacted May 2016; effective August 2016 Greenwich, NJ - Enacted May 2016; effective June 2016 West Deptford, NJ - Enacted May 2016; effective immediately Pennsauken, NJ - Enacted May 2016; effective immediately Beverly, NJ - Enacted May 2016; effective immediately Clayton, NJ - Enacted May 2016; effective August 2016 Mantua, NJ - Enacted May 2016; effective immediately Washington (Gloucester County), NJ - Enacted June 2016; effective July 2016 Gibbsboro, NJ - Enacted June 2016; effective September 2016 Little Ferry, NJ - Enacted June 2016; effective September 2016 Wyckoff, NJ - Enacted June 2016; effective immediately Lindenwold, NJ - Enacted June 2016; effective immediately Hackensack, NJ - Enacted June 2016; effective September 2016 Bordentown, NJ - Enacted June 2016; effective immediately Hi-Nella, NJ - Enacted June 2016; effective September 2016 Mount Holly, NJ - Enacted July 2016; effective October 2016 Pitman, NJ - Enacted July 2016; effective October 2016 Camden City, NJ - Enacted July 2016; effective August 2016 Maywood, NJ - Enacted July 2016; effective immediately Best Friends Animal Society Best Friends Animal Society - Los Angeles Best Friends Animal Society - Best Friends Animal Society - Utah 5001 Angel Canyon Road 15321 Brand Blvd. New York City 2005 South 1100 East Kanab, LIT 84741 Mission Hills, CA 91345 contactnyc@bestfriends.org Salt Lake City, UT 84106 0 0 , "T Best Friends Animal Society SAVE THEM ALL"' East Rutherford, NJ - Enacted July 2016; effective October 2016 Union City, NJ - Enacted July 2016; effective immediately Glen Rock, NJ - Enacted July 2016; effective October 2016 Woodlynne, NJ - Enacted July 2016; effective October 2016 Woodcliff Lake, NJ - Enacted August 2016; effective immediately Saddle Brook, NJ - Enacted August 2016; effective November 2016 Washington (Burlington County), NJ - Enacted August 2017; effective immediately Upper Saddle River, NJ - Enacted September 2016; effective immediately Eatontown, NJ - Enacted September 2016; effective December 2016 Swedesboro, NJ - Enacted September 2016; effective December 2016 Ridgefield, NJ - Enacted September 2016; effective December 2016 Fanwood, NJ - Enacted September 2016; effective immediately Fairview, NJ - Enacted September 2016; effective December 2016 Wallington, NJ - Enacted September 2016; effective immediately New Milford, NJ - Enacted September 2016; effective immediately Hamilton, NJ (Mercer County) - Enacted September 2016; effective October 2016 Ridgewood, NJ - Enacted October 2016; effective November 2016 Edgewater, NJ - Enacted October 2016; effective January 2016 Woodbury Heights, NJ - Enacted October 2016; effective immediately Marlboro, NJ - Enacted October 2016; effective January 2017 Fair Lawn, NJ - Enacted October 2016; effective immediately Ocean, NJ - Enacted October 2016; effective November 2016 North Arlington, NJ - Enacted November 2016; effective immediately Watchung, NJ - Enacted November 2016; effective immediately Frenchtown, NJ - Enacted December 2016; effective March 2017 Palisades Park, NJ - Enacted December 2016; effective immediately Union Beach, NJ - Enacted December 2016; effective immediately Cliffside Park, NJ - Enacted December 2016; effective immediately Bradley Beach, NJ - Enacted January 2017; effective immediately Best Friends Animal Society Best Friends Animal Society - Los Angeles Best Friends Animal Society - Best Friends Animal Society - Utah 5001 Angel Canyon Road 15321 Brand Blvd. New York City 2005 South 1100 East Kanab, LIT 84741 Mission Hills, CA 91345 contactnyc@bestfriends.org Salt Lake City, UT 84106 0 0 , "T Best Friends Animal Society SAVE THEM ALL"' Stratford, NJ -- Enacted February 2017; effective May 2017 Burlington, NJ - Enacted February 2017; effective March 2017 Haddonfield, NJ - Enacted February 2017; effective May 2017 Bound Brook, NJ - Enacted February 2017; effective immediately Livingston, NJ - Enacted March 2017; effective June 2017 Franklin, NJ (Somerset County) - Enacted March 2017; effective June 2017 Secaucus, NJ - Enacted March 2017; effective immediately Manalapan, NJ - Enacted April 2017; effective immediately Scotch Plains, NJ - Enacted April 2017; effective immediately Lodi, NJ - Enacted April 2017; effective April 2017 East Newark, NJ - Enacted April 2017; effective July 2017 Roselle Park, NJ - Enacted May 2017; effective immediately Harrison (Gloucester County), NJ - Enacted May 2017; effective immediately Brielle, NJ - Enacted May 2017; effective immediately Caldwell, NJ - Enacted June 2017; effective immediately Matawan, NJ - Enacted June 2017; effective immediately Maple Shade, NJ - Enacted June 2017; effective immediately North Plainfield, NJ - Enacted June 2017; effective July 2017 Asbury Park, NJ - Enacted June 2017; effective July 2017 Leonia, NJ - Enacted July 2017; effective immediately Hopewell Borough, NJ - Enacted August 2017; effective immediately NEW MEXICO Albuquerque, NM - Enacted June 2006; effective August 2007 Bernalillo County, NM - Enacted February 2013; effective August 2013 Rio Rancho, NM - Enacted April 2017; effective November 2017 Best Friends Animal Society Best Friends Animal Society - Los Angeles Best Friends Animal Society - Best Friends Animal Society - Utah 5001 Angel Canyon Road 15321 Brand Blvd. New York City 2005 South 1100 East Kanab, LIT 84741 Mission Hills, CA 91345 contactnyc@bestfriends.org Salt Lake City, UT 84106 0 0 Best Friends Animal Society SAVE THEM ALL"' NEW YORK Mamaroneck Village, NY - Enacted February 2016; effective immediately Mount Pleasant, NY - Enacted March 2016; effective immediately Yorktown, NY - Enacted July 2016; effective immediately Rye Brook, NY - Enacted August 2016; effective immediately Port Chester, NY - Enacted October 2016; effective immediately ()"I() Toledo, OH - Enacted December 2013; effective January 2014 Grove City, OH - Enacted March 2016; effective January 2017 PENNSYLVANIA Pittsburgh, PA - Enacted December 2015; effective June 2016 Philadelphia, PA - Enacted April 2016; effective July 2016 RHODE ISLAND East Providence, RI - Enacted June 2014; effective immediately Warwick, RI - Enacted July 2017; effective August 2017 TEXAS EI Paso, TX - Enacted October 2010; effective January 2011 Austin, TX - Enacted December 2010; effective December 2010 UTAH Salt Lake County, UT - Enacted October 2015; effective immediately WASHINGTON Bainbridge Island, WA - Enacted June 2017; effective July 2017 Best Friends Animal Society Best Friends Animal Society - Los Angeles Best Friends Animal Society - Best Friends Animal Society - Utah 5001 Angel Canyon Road 15321 Brand Blvd. New York City 2005 South 1100 East Kanab, LIT 84741 Mission Hills, CA 91345 contactnyc@bestfriends.org Salt Lake City, UT 84106 0 0 Best Friends Animal Society SAVE THEM ALL"' CANADA Richmond, British Columbia - Enacted November 2010; effective April 2011 Toronto, Ontario - Enacted September 2011, effective September 2012 Rosemont -La Petite-Patrie, Quebec - Enacted December 2011; effective immediately Mississauga, Ontario - Enacted July 2012; effective January 2013 New Westminster, British Columbia - Enacted November 2012; effective immediately Kingston, Ontario - Enacted August 2013; effective November 2013 Vaughan, Ontario - Enacted April 2014; effective immediately Hudson, Quebec - Enacted September 2014; effective immediately Waterloo, Ontario - Enacted September 2014; effective January 2015 Mount Royal, Quebec - Enacted May 2015; effective immediately Oakville, Ontario - Enacted November 2015; effective immediately Beaconsfield, Quebec - Enacted December 2015; effective immediately Ottawa, Ontario - Enacted April 2016; effective immediately Cambridge, Ontario - Enacted October 2016; effective immediately Best Friends Animal Society Best Friends Animal Society - Los Angeles Best Friends Animal Society - Best Friends Animal Society - Utah 5001 Angel Canyon Road 15321 Brand Blvd. New York City 2005 South 1100 East Kanab, LIT 84741 Mission Hills, CA 91345 contactnyc@bestfriends.org Salt Lake City, UT 84106 Best Friends Animal Society AKC Breeder Code of Ethics re: Pet Store Puppies If one visits the website of the American Kennel Club (AKC), one of the oldest and most respected breed club registries in the world, one can access the Breeder Code of Ethics on any of the websites listed in their national parent club directory for AKC-recognized breeds.* One of the most common provisos is that breeders must agree never to sell their puppies to pet stores. Below are several examples. Airedale Terrier Club of America (airedale.org) Code of Ethics: In sale/placement transactions, we endeavor to refuse to sell an Airedale Terrier of any age to pet dealers, catalog houses, or any other commercial sources of distribution. Alaskan Malamute Club of America, Inc. (alaskanmalamute.org) Code of Ethics: No member shall knowingly be involved in the sale/placement of puppies/dogs through retail or wholesale outlets, mail order businesses, dog dealers/agents/brokers, or act as a finder for such operations. American Bloodhound Club (blood hounds.org) Code of Ethics: As a member of the American Bloodhound Club: I agree not to engage in the practice of providing any Bloodhound to any individual, commercial wholesaler, or retailer for the purpose of resale. American Cavalier King Charles Spaniel Club, Inc. (ackcsc.org) General Code of Conduct: I will not: 1. Knowingly falsify a pedigree, health screening or breeding information. 2. Sell Cavaliers to pet shops, brokers or third party dealers. 3. Supply or sell Cavaliers for auctions, raffles, flea markets or any other such enterprise. 4. Knowingly sell to unethical breeders, or sell to persons whose intention is resale. 5. Purchase any Cavalier or any litter for resale either to an individual or a commercial establishment. American Fox Terrier Club (aftc.org) Code of Ethics: Under no condition shall dogs be sold to pet dealers or any other source of commercial distribution. American Whippet Club, Inc. (americanwhippetclub.net) Code of Ethics: No member of this club shall engage in the wholesaling of litters of Whippet puppies, or the sale of breeding stock or individuals to pet shops or other commercial sources of distribution. Basset Hound Club of America (basset-bhca.com) Breeder Code of Ethical Conduct: No member of this club shall engage in the wholesaling of litters or the selling of breeding stock to commercial sales operations. American Maltese Association, Inc. (americanmaltese.org) Member Code of Ethics: 1 will not knowingly deal with dog wholesalers, commercial retailers, brokers or unethical dog breeders, nor supply dogs for raffles, "give away" prizes or other such projects. American Miniature Schnauzer Club, Inc. (amsc.us) Code of Ethics: The breeder will not sell or dispose of any dog through pet shops, wholesalers, commercial dealers or paid agents. American Pomeranian Club, Inc. (americanpomeranianclub.org) Code of Ethics: 1 will not sell my puppies to pet shops or commercial pet mill establishments, nor will 1 donate puppies for raffles or auctions. American Spaniel Club, Inc. (asc-cockerspaniel.org) Code of Ethics: Breeders shall refrain from selling puppies to pet shops either outright or on consignment, refrain from supplying puppies for auctions, raffles, or other such enterprises; refrain from selling to persons whose intention to resell is known or suspected, refrain from breeding litters primarily for the pet market. Australian Cattle Dog Club of America (acdca.org) Breeder Code of Ethics: As an ACDCA Code of Ethics Breeder, 1 agree that no puppies will be knowingly sold to franchised commercial facilities, puppy brokers, puppy mills or agents thereof. Boston Terrier Club of America, Inc. (bostonterrierclubofamerica.org) Code of Ethics: 1 will sell no Boston Terrier to a commercial facility, puppy broker, pet shop, puppy mill or their agent. Bulldog Club of America (bulldogclubofamerica.org) Breeder's Code of Ethics: Responsible breeders refuse to sell or recommend breeders who do not conform to the ideals and obligations expressed in this Code and shall not engage in wholesaling litters or in individual sales or consignments of pups or adults to pet shops, dealers, catalog houses or other commercial establishments, nor shall they be donated or given as prizes in contests, raffles, or fund- raising events, no matter how charitable. Chihuahua Club of America, Inc. (chihuahuaclubofamerica.com) Code of Ethics: 1 pledge to be responsible for all Chihuahuas that 1 have produced for their entire life- time by never buying, selling or trading my/our Chihuahuas to research laboratories, pet stores, or to auctions nor placing them in rescue groups. Chinese Shar-Pei Club of America, Inc. (cspca.com) Breeders Code of Conduct: 1 agree to never sell or give any puppy or dog to pet stores either on consignment or outright. Collie Club of America, Inc. (collieclubofamerica.org) Code of Ethics: No member shall knowingly sell or place, trade or give any Collie of any age to pet dealers, catalog houses, or other commercial sources; nor shall Collies be given as prizes, auctioned, or exploited to the detriment of the breed. Dachshund Club of America, Inc. (dachshund-dca.org) Code of Ethics: To never supply a Dachshund to pet shops, commercial brokers or dealers, raffles or similar projects. Dalmatian Club of America, Inc. (thedca.org) Ethical Guidelines: I hereby pledge to ensure that puppies and adults produced by my brood bitch or stud dog are never knowingly sold or consigned to pet stores, wholesalers, or commercial dealers. French Bull Dog Club of America (frenchbulldogclub.org) Code of Ethics and Sportsmanship: As a member of the French Bull Dog Club of America, 1 will not sell a French Bulldog to anycommercial facility, puppy brokers, pet shop, puppy mill or agent thereof. German Shepherd Dog Club of America (gsdca.org) Club Code of Conduct: No GSD will be sold to wholesalers or retail stores for the purpose of resale. Breeders Code: 1 hereby pledge to refuse to sell or recommend breeders who do not conform to the ideals and obligations expressed in this Code and refuse all sales to dog wholesalers and retailers. Golden Retriever Club of America (grca.org) Responsibilities as a Breeder: Members should not sell dogs at auction, or to brokers or commercial dealers. Greyhound Club of America (greyhoundcluboramericainc.org) Ethical Standards: Breeders shall not knowingly sell or consign puppies or adult dogs to pet stores, puppy brokers or other commercial dealers. Havanese Club of America (havanese.org) Code of Ethics: No Havanese will be sold to pet dealers, pet stores, pet wholesalers, or pet brokers either singly or in litter lots. Miniature Pinscher Club of America, Inc. (minpin.org) Code of Ethics: No Miniature Pinscher shall be sold to commercial facilities; research laboratories; pet shops; brokers who purchase litter lots or individuals for re -sale to pet shops or other commercial facilities, puppy mills or their agents. Newfoundland Club of America, Inc. (ncanewfs.org) Ethics Guide: Responsibilities of Members: To refuse to sell Newfoundland dogs to any pet shop, or any wholesale dealer in dogs, or knowingly to sell or aid or abet the sale of any Newfoundland to a person or agent who will sell the animal through a pet shop. Old English Sheepdog Club of America, Inc. (oldenglishsheepdogclubofamerica.org) Code of Ethics: Puppies may not be sold from any temporary marketplace or transient headquarters, no litters purchased or taken on consignment for resale, nor dogs wholesaled to pet shops, auctions, dealers, contest sponsors, raffles, etc. Papillon Club of America, Inc. (papillonclub.org) Code of Ethics: No member of the Papillon Club of America will sell at wholesale or to retail outlets, brokers, pet shops, mail order houses, or businesses of similar commercial enterprise, or donate a dog to be offered as a prize. Portugese Water Dog Club of America, Inc. (pwdca.org) Section 1 All PWDCA Members shall: Not sell, place or consign any Portuguese Water Dog to a commercial facility, business or agent thereof. Pug Dog Club of America, Inc. (pugs.org) Code of Ethics: No member shall EVER sell or donate dogs for auctions or raffles, or to pet shops, catalog houses, brokers or for resale purposes. Rhodesian Ridgeback Club of the United States (rrcus.org) Code of Ethics: Members will not knowingly furnish puppies or adult dogs for wholesale, pet shops, puppy brokers, commercial facilities, guard dog businesses or agents thereof, or dispose of them as "Give away" prizes or auction items; neither will they sell puppies to nor breed to dogs owned by those whom they have reason to believe may do so. Samoyed Club of America, Inc. (samoyedclubofamerica.org) Code of Ethics: The SCA member does not sell, consign, or transfer puppies, or adults to pet shops, wholesale dealers, contest sponsors, or anyone who is known to degrade the Samoyed breed or purebred dogs, or to individuals contemplating breeding and/or sale to the aforementioned. Scottish Terrier Club of America (stca.biz) Code of Ethics: Not knowingly sell a Scottish Terrier of any age to a pet shop, catalog house, laboratory or any wholesale dealer in dogs (a dealer being a person who regularly buys dogs for sale at profit), or to any person who sells to any of the above. Siberian Husky Club of America, Inc. (shca.org) Code of Ethics: 1 pledge that 1 will refuse to deal with dog wholesalers or to sell puppies or dogs to pet shops, and 1 will include in all stud contracts an agreement to be signed by the owner of the bitch that no puppies resulting from the mating will be wholesaled or sold to pet shops. Skye Terrier Club of America (clubs.akc.org/skye) Code of Ethics: To refrain from knowingly selling, trading, or giving Skye Terriers or providing stud service to a commercial breeder, pet shop, research laboratory or any person known to be unethical in his/her dealings in purebred dogs. Spinone Club of America (spinoneclubofamerica.com) Code of Conduct: Members will not sell, transfer or consign a dog to pet shops, unethical breeders, or other commercial ventures including lotteries, raffles or auctions. Staffordshire Bull Terrier Club of America (sbtca.com) Code of Ethics: Litters shall not be sold to a person en -bloc, to commercial sources, or for purposes of resale. St. Bernard Club of America, Inc. (saintbernardclub.org) Guidelines and Statement of Policy: No member shall buy or sell St. Bernards through commercial pet outlets, nor buy or sell in litter lots, nor sell to persons whose activities tend to degrade the Breed. Tibetan Terrier Club of America, Inc. (ttca-online.org) Guidelines for Responsible Breeders: A responsible breeder does not sell or consign Tibetan Terriers to pet shops or other commercial dealers, nor does he breed his animals to their animals. Weimaraner Club of America (weimaranerclubofamerica.org) Code of Ethics: The owner/breeder shall not breed, sell or consign puppies or adults to pet shops or other commercial dealers. * http://www.akc.org/clubs/search/index.cfm?action=national&display=on • • Executive Summary: Scientific studies of dogs 4Land puppies from commercial dog -breeding Animal Society establishments (puppy mills) BACKGROUND Commercial breeding establishments, or puppy mills, are large-scale facilities where dogs are confined in small enclosures for their entire reproductive lives with little to no exercise or positive human contact. The sole purpose of such facilities is to mass-produce puppies to sell them for profit through retail pet stores and via the Internet. SYNOPSIS In two large-scale studies of dogs from high-volume commercial breeding establishments (one study focusing on the adult breeding dogs and the other on the puppies sold through pet stores), the evidence showed conclusively that these breeding facilities are highly injurious to both groups of dogs, resulting in severe, extensive and long- term harm to the behavioral and psychological well-being of the dogs. Study 1: The adult breeding dogs WHAT THE STUDY LOOKED AT This study compared a wide array of psychological and behavioral characteristics of 1,169 dogs formerly kept for breeding purposes in commercial breeding establishments with pet dogs owned by members of the general public. RESEARCHERS Franklin D. McMillan, DVM, Best Friends Animal Society Deborah L. Duffy, PhD, University of Pennsylvania School of Veterinary Medicine James A. Serpell, PhD, University of Pennsylvania School of Veterinary Medicine THE PUBLISHED PAPER Mental health of dogs formerly used as `breeding stock' in commercial breeding establishments. FD McMillan, DL Duffy, JA Serpell. Applied Animal Behaviour Science 2011; 135: 86-94. WHAT THE STUDY FOUND • The results showed a broad range of abnormal behavioral and psychological characteristics in the former breeding dogs from large-scale commercial breeding establishments, including significantly elevated levels of fears and phobias; pronounced compulsive and repetitive behaviors, such as spinning in tight circles and pacing; house soiling; and a heightened sensitivity to being touched and picked up. • The psychological harm demonstrated in these dogs is severe and long-lasting. Much of the harm is irreparable and will remain a continued source of suffering for years after the dogs leave the breeding facility, in some cases for the entire lifetime of the dog. CONCLUSIONS • Current laws at both the national and state levels are not based on current scientific knowledge of animal psychology, quality of life, suffering, and welfare, and are thus inadequate to protect dogs from the psychological harm resulting from living in commercial breeding establishments. • Legislation to adequately protect the welfare of dogs in confinement needs to be updated to reflect current scientific knowledge. To obtain a copy of the published study, contact Dr. Frank McMillan (dr.frank@bestfriends.org). Study 2: The puppies WHAT THE STUDY LOOKED AT This study compared the psychological and behavioral characteristics of 431 adult dogs who were purchased as puppies from pet stores with adult dogs purchased as puppies from small-scale, private breeders. RESEARCHERS Franklin D. McMillan, DVM, Best Friends Animal Society James A. Serpell, PhD, University of Pennsylvania School of Veterinary Medicine Deborah L. Duffy, PhD, University of Pennsylvania School of Veterinary Medicine Elmabrok Masaoud, PhD, Atlantic Veterinary College, University of Prince Edward Island Ian Dohoo, DVM, PhD, Atlantic Veterinary College, University of Prince Edward Island THE PUBLISHED PAPER Differences in behavioral characteristics between dogs obtained as puppies from pet stores and those obtained from noncommercial breeders. FD McMillan, JASerpell, DL Duffy, E Masaoud, IR Dohoo. Journal of the American Veterinary Medical Association 2013; 242: 1359-1363. WHAT THE STUDY FOUND • Dogs obtained as puppies from pet stores received significantly less favorable scores than breeder - obtained dogs on most behavioral variables measured. Compared with dogs obtained as puppies from noncommercial breeders, dogs from pet stores had significantly greater aggression toward human family members, unfamiliar people and other dogs; greater fear of other dogs and typical life events; and greater separation -related problems and house soiling. • For no behavior evaluated in the study did pet store dogs score more favorably than noncommercial breeder dogs. • The chances of a dog developing serious behavior problems is much higher for dogs purchased as puppies from pet stores, as compared to dogs obtained from small, noncommercial breeders. CONCLUSIONS • On the basis of these findings, combined with findings from earlier small-scale studies of dogs obtained from pet stores, until the causes of the unfavorable differences detected in this group of dogs can be specifically identified and remedied, the authors of this study withhold any recommendation that puppies be obtained from pet stores. 2 • Dogs sold by pet stores are misrepresented to consumers as a high-quality product, because the data now shows that consumers are not receiving what they believe they are paying for. The increased risk of behavior problems that pet store customers face as their dog matures includes aggression issues, which pose a significant risk of human injury. Consumer protective legislation is urgently needed in this area. • Legislation to improve the conditions in the large-scale commercial breeding facilities supplying puppies to pet stores is needed to assure that the puppies are not at any increased risk of maturing into adult dogs with serious behavior problems. To obtain a copy of the published study, contact Dr. Frank McMillan (dr.frank@bestfriends.org). Overall Conclusions • Current laws provide inadequate protection against harm to breeding dogs and puppies associated with commercial breeding establishments. • Consumers purchasing puppies from pet stores are unknowingly assuming a risk of difficult and serious behavior problems in their dogs, including dog behavior that can endanger their own safety. • If dogs are to be bred to produce puppies for sale, all of the dogs and puppies should be assured a decent quality of life based on the most current scientific research. For More Information For more about Best Friends Animal Society, go to bestfriends.org. To learn about Best Friends' puppy mill initiatives and what you can do to help, visit puppymills.bestfriends.org. 3 Differences in behavioral characteristics between dogs obtained as puppies from pet stores and those obtained from noncommercial breeders Franklin D. McMillan, DVM, DACVIM; James A. Serpell, PhD; Deborah L. Duffy, PhD; Elmabrok Masaoud, PhD; Ian R. Dohoo, DVM, PhD Objective—To compare the owner -reported prevalence of behavioral characteristics in dogs obtained as puppies from pet stores with that of dogs obtained as puppies from noncommercial breeders. Design—Cross-sectional study. Animals—Dogs obtained as puppies from pet stores (n = 413) and breeder -obtained dogs (5,657). Procedures—Behavioral evaluations were obtained from a large convenience sample of current dog owners with the online version of the Canine Behavioral Assessment and Re- search Questionnaire, which uses ordinal scales to rate either the intensity or frequency of the dogs' behavior. Hierarchic linear and logistic regression models were used to analyze the effects of source of acquisition on behavioral outcomes when various confounding and intervening variables were controlled for. Results—Pet store–derived dogs received significantly less favorable scores than did breeder -obtained dogs on 12 of 14 of the behavioral variables measured; pet store dogs did not score more favorably than breeder dogs in any behavioral category. Compared with dogs obtained as puppies from noncommercial breeders, dogs obtained as puppies from pet stores had significantly greater aggression toward human family members, unfamil- iar people, and other dogs; greater fear of other dogs and nonsocial stimuli; and greater separation -related problems and house soiling. Conclusions and Clinical Relevance—Obtaining dogs from pet stores versus noncommer- cial breeders represented a significant risk factor for the development of a wide range of un- desirable behavioral characteristics. Until the causes of the unfavorable differences detected in this group of dogs can be specifically identified and remedied, the authors cannot recom- mend that puppies be obtained from pet stores. (JAm Vet Med Assoc 2013;242:1359-1363) It has long been an article of faith among veterinarians and canine professionals that dogs obtained as puppies from pet stores have a higher prevalence of health and be- havioral problems.' However, there has been a dearth of empirical studies to support this notion. In a retrospective survey of the owners of 737 adult dogs, Jagoe' found that dogs obtained from pet shops had a significantly higher prevalence of owner -directed (dominance -type) aggres- sion and social fears (fear of strangers, children, and unfa- miliar dogs) than did dogs from 5 other sources: breeders, animal shelters, friends or relatives, found or rescued off the streets, and home bred (ie, bred and reared in the cur- rent owner's home).2 However, the sample size of pet store dogs in that study' was small (n = 20). Bennett and RohIP investigated the frequency of potential problematic behavior patterns as reported From theBest Friends AnimalSociety, 5001 Angel Canyon Rd, Kanab, UT 84741 (McMillan); the Department of Clinical Studies -Phila- delphia, School of Veterinary Medicine, University of Pennsylva- nia, Philadelphia, PA 19104 (Serpell, Duffy); and the Department of Health Management, Atlantic Veterinary College, University of Prince Edward Island, Charlottetown, PE CIA 4P3, Canada (Masaoud, Dohoo). Supported by a grant from the Animal Welfare Trust. Address correspondence to Dr. McMillan (dr.frank@bestfriends.org). ABBREVIATIONS C-BARQ Canine Behavioral Assessment and Research Questionnaire CBE Commercial breeding establishment NCB Noncommercial breeder by owners in a convenience sample of 413 companion dogs, of which 47 were obtained from pet stores. Re- sults indicated that dogs purchased from pet shops or shelters were considered by their owners to be more unfriendly or aggressive than were dogs purchased from breeders and significantly more nervous than dogs bred by the present owner. However, by using broadly de- fined behavioral subscales rather than discrete behav- iors, the researchers were not able to ascertain whether pet shop dogs had specific problematic behaviors more frequently than did dogs from other sources. Mugford4 reported analyzing a sample of 1,864 dogs with various behavioral problems and determined that "only 10% of purebred dogs obtained directly from breeders presented separation -related problems, where- as 55% of purebred dogs originating from so-called `puppy farms' or `puppy mills' present such problems." Sample sizes and the way in which it was determined JAVMA, Vol 242, No. 10, May 15, 2013 Scientific Reports 1359 that the dogs came from puppy farms or puppy mills were not reported. Some inconsistent findings have also been reported. Pierantoni et a15 compared owner -reported behaviors be- tween 70 adult dogs separated from their litters at 30 to 40 days of age and 70 adult dogs separated from their litters at 2 months of age. Their analysis included the source of the dog classified into 3 categories: breeder, pet shop, or friend or relative. The researchers found no sig- nificant association between the source of the dog and the behavioral categories examined. In a study of the efficacy of a dog -appeasing pheromone in reducing stress associ- ated with social isolation in puppies recently acquired from pet stores, Gaultier et alb noted that their data did not seem to support the hypothesis that puppies from pet stores constitute a special, at -risk population for the development of behavioral problems. The researchers re- ported that the puppies in that study (n = 66) did not appear to disturb their owners any more than those in a previous study by Taylor and Mills? involving puppies acquired from local pedigree dog breeders. However, the breeders in the latter study included a semicommercial breeder and at least 1 puppy mill.' Most puppies sold by pet stores in the United States are purchased from brokers, who may themselves be breeders but overwhelmingly acquire their puppies from high-volume breeding facilities, or CBEs, located throughout the United States. Conditions in the CBEs, which supply tens of thousands of puppies to retail pet stores each year, vary widely. Conditions in CBEs range from modern, clean, and well -kept to squalid, noxious, and gravely detrimental to animal health and welfare." The purpose of the study reported here was to eval- uate the hypothesis that dogs obtained as puppies from pet stores would be reported to have an increased prev- alence of behavioral problems, compared with dogs ob- tained as puppies from NCBs. Materials and Methods Data collection—Behavioral evaluations of the dogs were obtained by use of the online version of the C-BARQ, a standardized survey instrument with es- tablished reliability and validity characteristics. 12 The C-BARQ is designed to provide quantitative assessments of a wide array of behavioral characteristics of dogs and has been widely used as a research tool for comparing behavior in different dog populations."-" The question- naire consists of 100 items that ask respondents to in- dicate on a series of 5 -point ordinal rating scales their dogs' typical responses to a variety of everyday situations during the recent past. The scales rate either the intensity (aggression, fear, and excitability subscales) or frequency (all remaining subscales and miscellaneous items) of the behaviors, with a score of 0 indicating the absence of the behavior and a score of 4 indicating the most intense or frequent form of the behavior. The C-BARQ currently comprises 14 behavioral factors or subscales and a fur- ther 22 miscellaneous stand-alone items. Higher scores are generally less favorable for all items and subscales, with the exception of trainability, for which higher scores are more desirable. Owners were also asked to indicate the dog's current age at the time the survey was com- pleted, whether there were other dogs living in the same household, and whether the dog was used for specific working or recreational roles, including breed- ing or showing, field trials or hunting, other sports (eg, agility, racing, or sledding), and working roles (eg, search and rescue, service, or sheep herding). To obtain information on the source from which the dog was acquired, owners were also asked to respond to the question, "where did you acquire this dog?" Possible responses included the following: bred him/her myself; from a breeder; from a shelter or rescue group; from a neighbor, friend, or relative; bought from a pet store; adopted as a stray; and other. Consistent with the 2 pre- vious studies',' that offered pet -owning participants the choice of breeder as the source of the dog, the question in the C-BARQ regarding the source of the dog does not define the term breeder. Sample—The online C-BARQ was advertised originally via an article in the newsmagazine of the Vet- erinary Hospital of the University of Pennsylvania and by notices sent to Philadelphia -area veterinary clinics and the top 20 US breed clubs, as determined on the basis of American Kennel Club registrations. Availabil- ity of the survey then spread via word of mouth. No geographic limitations were applied, and participation included residents of the United States as well as other countries. A subset of these data consisting entirely of pet dogs whose owners reported obtaining them either from breeders (n = 5,657) or pet stores (413) was used for analysis. Breeder -obtained dogs were selected as the comparison group for the following reasons: age at the time of acquisition would most closely match pet store– obtained dogs; for the most part, breeder -obtained dogs are purebred as are those from pet stores; and the life history of the dog prior to purchase in breeder -obtained puppies is relatively standardized, thereby reducing the amount of environmental variability among the dogs of this group. These assumptions apply to the United States and may have less validity in other countries. Statistical analysis—Two-level hierarchic linear or logistic regression models were used to analyze the data on behavioral measures." The outcome variables (at- tachment and attention seeking, chasing, trainability, excitability, and energy) in the hierarchic linear model were treated as normally distributed continuous vari- ables. All other behavioral variables were dichotomized (eg, 0 or > 0) because they were typically highly skewed and it was impossible to identify a suitable transfor- mation method to normalize their distribution. These were analyzed with 2 -level mixed logistic models. Both types of model aimed to assess the relationship between source of acquisition (eg, pet store vs breeder) and be- havior while controlling for various confounding vari- ables (other dogs in household, working or recreational roles, sex, and body weight) or intervening variables (neutered vs sexually intact and age at the time of eval- uation). All possible 2 -way interactions between source of acquisition and confounding and intervening vari- ables were explored and accounted for in the modeling process. Nonsignificant confounding and intervening variables and interaction effects were removed from the 1360 Scientific Reports JAVMA, Vol 242, No. 10, May 15, 2013 model. Breed was also included in both models as a ran- dom effect to account for clustering of dogs at the breed level. Linear and logistic models were fit via restricted and full maximum likelihood estimation procedures. The analysis was performed with statistical softwares' by use of subject -specific models. ,d For all compari- sons, a value of P < 0.05 was considered significant. Results According to the results of the multiple regression analyses, dogs acquired from pet stores differed signifi- cantly from those acquired from breeders on 12 of 14 of the C-BARQ behavioral subscales. In no category did pet store dogs have a more desirable score than breeder dogs (Tables 1 and 2). The strongest effects were observed in relation to aggressive behavior. For example, sexu- ally intact pet store dogs were 3 times as likely to have owner -directed aggression as were sexually intact dogs acquired from breeders, and pet store dogs were near- ly twice as likely to have aggression toward unfamiliar dogs (dog -directed aggression). Pet store dogs were also 30% to 60% more likely to have stranger -directed aggres- sion, aggression to other household dogs, fear of dogs and nonsocial stimuli, separation -related problems, and touch sensitivity. In addition, they were somewhat more excitable, energetic, and attention seeking and generally less trainable, although this was only true for dogs that did not participate in working or recreational activities. The only C-BARQ subscales that were not significantly different between pet store and breeder -derived dogs were chasing and stranger -directed fear. In addition, pet store -obtained dogs had a range of miscellaneous behav- ioral problems at significantly higher frequencies than did those acquired from breeders (eg, escaping from the home, sexual mounting of people and objects, and most forms of house -soiling). Discussion Results of this study supported the view that dogs obtained as puppies from pet stores are more likely to develop behavioral problems as adults, compared with dogs obtained from NCBs. The retrospective nature of the data used in this analysis did not permit determina- tions of causality. However, there are several potential explanations for the differences between pet store and NCB dogs. Table 1 -Results of linear regression models comparing behavioral variables in dogs obtained from pet stores versus dogs obtained from NCBs. Variable Other variables controlled Predictor Effect 95% C1 Pvalue Excitability 1,2,3,4,6 PS 0.204 0.12 to 0.29 <0.001 Energy 1,2,3,4,6 PS 0.109 0.004 to 0.21 0.043 Chasing 1,2,3,4,5,6 PS 0.002 -0.13 to 0.10 0.769 Attachment and 1,2,3,4,5,6 PS 0.204 0.12 to 0.29 <0.001 attention seeking 1.54 1.16-2.06 0.003 Trainability 1,2,3,4,5,6 PS -Not working dog -0.195-0.26to-0.13 <0.001 1.18-2.16 0.003 PS -Working dog 0.098 -0.07 to 0.27 0.262 PS = Acquired from pet store. 1.44 1.01-2.07 Other variables controlled were as follows: 1 = other dogs, 2 = dogs with working or recreational roles, 3 = sex, 4 = weight, 5 = neutered, 6 = age at time of evaluation (nonsignificant intervening variables [those variables that intervene the relationship between variable and predictor] were removed from the analyses). Table 2 -Results of logistic regression models comparing behavioral variables in dogs obtained from pet stores versus dogs obtained from NCBs. Variable Other variables controlled Predictor OR 95% C1 Pvalue Separation -related behavior 1,2,3,4,5,6 PS 1.58 1.19-2.11 0.002 Owner -directed aggression 1,2,3,4,5,6 PS -Not neutered 3.13 1.87-5.23 <0.001 1,2,3,4,5,6 PS -Neutered 1.54 1.16-2.06 0.003 Stranger -directed aggression 1,2,3,4,5,6 PS 1.59 1.18-2.16 0.003 Nonsocial fear 1,2,3,4,5 PS 1.44 1.01-2.07 0.047 Dog rivalry 1,2,3,4,6 PS 1.35 1.05-1.74 0.021 Dog -directed fear 1,2,3,4,5 PS 1.33 1.03-1.71 0.030 Dog -directed aggression 1,2,3,4,5,6 PS 1.96 1.44-2.67 <0.001 Touch sensitivity 1,2,3,4,5,6 PS 1.58 1.18-2.11 0.002 Escapes from home oryard 1,2,3,4,5,6 PS 4.14 1.75-9.83 0.001 Rolls in odorous material PS 0.86 0.67-1.09 0.214 Coprophagia 1.08 0.86-1.36 0.502 Chews objects 1.07 0.84-1.36 0.590 Mounts objects or people 1,2,3,4,5 1.39 1.1-1.75 0.006 Urinates against objects 1,2,3,4,5,6 PS 1.77 1.32-2.39 <0.001 or furnishings Submissive urination 1,2,3,4,5,6 PS 1.53 1.13-2.07 0.007 Urinates when left alone 1,2,3,4,5,6 PS 1.96 1.52-1.52 <0.001 Defecates when left alone 1,2,3,4,5 PS 1.68 1.31-2.16 <0.001 See Table 1 for key. JAVMA, Vol 242, No. 10, May 15, 2013 Scientific Reports 1361 The formative stages of the puppy's life in the CBE are periods where stress may exert an impact on brain development. Although no studies on sources of stress in CBEs or their potential effects on the well-being of the dogs have been published, sources of stress have been in- vestigated in dogs living in confinement in kennels,18-z1 animal shelters,..,.. and laboratories .14,11 Similar stressors have been documented in the CBE environment,10 and it is therefore reasonable to suggest that the effects applied also to the dogs in the present study, despite some differ- ences in background, housing, and husbandry Specific factors that have been determined to be associated with stress in dogs living in confined environments include spatial restriction,","," extreme temperatures,'," aver- sive interactions with kennel staff,"," lack of perceived control or the capacity to avoid or regulate exposure to aversive stimuli,20-23 and limited access to positive hu- man and conspecific social interactions. 11,24,2' A recent study" on the mental health of dogs formerly used as breeding stock in CBEs found severe and long-lasting ad- verse effects in dogs living in this type of environment, offering evidence of the magnitude of stressors in CBEs. The stressors in the CBE environment may have acted at 2 stages of the developing puppies' lives: the prenatal period and the first 8 weeks after birth. A large body of research in humans and other animals has con- vincingly determined that prenatal stress (ie, stress ex- perienced by a pregnant female) causes alterations to the hypothalamic -pituitary -adrenal axis of the develop- ing fetus that may manifest later in life as an impaired ability to cope with stress '22 abnormal social behav- ior,2s,29 and increased emotionality and fear -related be- havior.30 All of these outcomes are consistent with the differences detected in pet store— versus NCB -obtained dogs (ie, increased aggression, fear of dogs and nonso- cial stimuli, and excitability). Substantial evidence in humans and other animals indicates that stressful ex- periences in early life may have extensive and enduring effects with strong correlations to later development of behavioral abnormalities and psychopathologic abnor- malities 31-31 In dogs, Fox and Stelzner36 detected a short period at approximately 8 weeks of age when puppies are hypersensitive to distressing psychological or physical stimuli and during which a single unpleasant experience could result in long-term aversive or abnormal effects. Transport -related stress was suggested by both Mugford4 and Gaultier et ah to be a potentially critical factor in the early lives of puppies from CBEs as they are shipped to pet stores throughout North America. Mugford,4 Serpell and Jagoe,2 and Bennett and RohlP have each suggested that a reason for pet store and CBE puppies to have a high preva- lence of behavioral problems later in life is inadequate ear- ly socialization. In addition, genetic influences may play a role in the differences between pet store and NCB dogs, because a genetic basis for behavioral traits in dogs is con- sistent with findings observed in dogs of the present study, including fear, aggression, emotional reactivity, and non- specific alterations in temperament and personality. 21,31,38 The reported differences in the 2 groups of dogs in the present study could be attributable to a number of owner -related factors. It is possible that people who buy puppies from pet shops may use different degrees or methods of training than people who buy puppies from an NCB. The importance of training in the devel- opment of problem behaviors was recently elucidated in the study3 of the relationship of potentially problematic behaviors with other variables. The researchers found that for the 5 behavioral subscales, the strongest predic- tor for scoring undesirably in 3 of the 5 subscales was the level of training the dog received. The present study did not attempt to collect demographic or background information on the dog owners; therefore, the degree to which such factors may have contributed to the find- ings could not be assessed. An additional owner -related consideration is that it is possible that people who buy puppies from pet stores simply report potentially prob- lematic behaviors more readily than do others, irrespec- tive of the dog's actual behavior. The data support the notion that dogs obtained as puppies from pet stores have substantial adverse behav- ioral differences, compared with dogs obtained from NCBs. Taken individually, however, the specific factors that differ between the 2 groups are not readily attrib- utable to a single definitive explanation. For example, stranger -directed aggression may be attributable to inad- equate socialization, maltreatment by humans, genetic factors, and prenatal stress. Taken collectively, no single explanatory factor appears capable of accounting for the differences between the 2 groups. For example, although inadequate socialization may explain increased aggres- sion, the most prominent emotional consequence of in- sufficient socialization is fear '21,3' and whereas aggression toward humans (owners and unfamiliar people) was in- creased, fear toward humans was not. There were a number of limitations to the present study. The sample of dog owners was self-selected and therefore a potential source of bias. The question in the C-BARQ regarding the source of the dogs did not de- fine breeder, leaving the participants to define the term for themselves. Accordingly, a breeder source could have indicated either type of NCB (hobby breeder or backyard breeder), and the level and type of care differ between the 2 types. These differences are presumably minor in comparison to the differences between NCBs and CBEs. It is also conceivable that the source of some dogs specified by the owner as breeder was a CBE; how- ever, it is reasonable to conclude that there would be no overlap between breeder and pet store categories (ie, no owner with a dog coming from a pet store would select breeder as a source, and no owner with a dog coming from a breeder would select pet store as a source). Results of the present study indicated that com- pared with dogs obtained as puppies from NCBs, dogs obtained as puppies from pet stores had significantly greater aggression toward human family members, un- familiar people, and other dogs; fear of other dogs and nonsocial stimuli; separation -related problems; and urination and defecation problems in the home. On al- most all behavioral variables measured, pet store dogs received less favorable scores than breeder -obtained dogs. The diversity of behavioral differences between pet store—obtained and breeder -obtained dogs suggests a multifactorial cause and, accordingly, a multifactorial approach to correction; however, the data did not per- mit determination of the specific contributory factors and the degree of influence they exerted. In addition, 1362 Scientific Reports JAVMA, Vol 242, No. 10, May 15, 2013 because we did not compare the 2 groups of dogs in 15. Van den Berg SM, Heuven HCM, Van den Berg L, et al. Evalu- this study with other sources of dogs, the results should ation of the C-BARQ as a measure of stranger -directed ag- not be interpreted as an endorsement of any particular gression in three common dog breeds. Appl Anim Behav Sci source of dogs. On the basis of these findings combined 16. 2010;124:136-141. Dohoo 1, Martin W, Stryhn H. Veterinary epidemiologic research. with earlier findings regarding pet store -obtained dogs, 2nd ed. Charlottetown, PE, Canada: VER Inc, 2009. until the causes of the unfavorable differences detected 17. StataCorp. Stata 11 base reference manual. College Station, Tex: in this group of dogs can be specifically identified and Stata Press, 2009;242-278, 306-355. remedied, we cannot recommend that puppies be ob- 18. Beerda B, Schilder MB, van Hooff JA, et al. Chronic stress in tained from pet stores. dogs subjected to social and spatial restriction. I. Behavioral re- sponses. Physiol Behav 1999;66:233-242. 19. Beerda B, Schilder MB, Bernadina W, et al. Chronic stress in a. Jagoe JA. Behaviour problems in the domestic dog: a retrospective dogs subjected to social and spatial restriction. 11. Hormonal and prospective study to identify factors influencing their develop- and immunological response. Physiol Behav 1999;66:243-254. ment. PhD thesis, University of Cambridge, Cambridge, Eng- 20. Stephen JM, Ledger RA. An audit of behavioral indicators of land, 1994. poor welfare in kenneled dogs in the United Kingdom. J Appl b. Taylor K, Senior Science Advisor, Secretariat to the Interna- Anim Welf Sci 2005;8:79-96. tional Council for Animal Protection in Pharmaceutical Pro- 21. Taylor KD, Mills DS. The effect of the kennel environment on grames (ICAPPP), British Union for the Abolition of Vivisection canine welfare: a critical review of experimental studies. Anim (BUAV), 16a Crane Grove, London, England: Personal commu- Welf2007;16:435-447. nication, 2011. 22. Tuber DS, Miller DD, Caris KA, et al. Dogs in animal shel- c. xtmixed, Stata Statistical Software, release 11, StataCorp, College ters: problems, suggestions, and needed expertise. Psychol Sci Station, Tex. 1999;10:379-386. d. xtmelogit, Stata Statistical Software, release 11, StataCorp, College 23. Wells DL, Graham L, Hepper PG. The influence of length of Station, Tex. time in a rescue shelter on the behavior of kennelled dogs. Anim Welf 2002;11:317-325. References 24. Hughes HC, Campbell S, Kenney C. The effects of cage size and pair housing on exercise of Beagle dogs. Lab Anim Sci 1. Fumarola AJ. With best friends like us who needs enemies? The 1989;39:302-305. phenomenon of the puppy mill, the failure of legal regimes to 25. Hubrecht RC. A comparison of social and environmental en - manage it, and the positive prospects of animal rights. Buffalo richment methods for laboratory housed dogs. Appl Anim Behav Environ Law J 1999;6:253-289. Sci 1993;37:345-361. 2. Serpell J, Jagoe JA. Early experience and the development of be- 26. Morgan KN, Tromborg CT. Sources of stress in captivity. Appl havior. In: Serpell J, ed. The domestic dog: its evolution, behavior Anim Behav Sci 2007;102:262-302. and interactions with people. Cambridge, England: Cambridge 27. Scott JP, Fuller JL. Genetics and the social behavior of the dog. University Press, 1995;79-102. Chicago: University of Chicago Press, 1965. 3. Bennett PC, Rohlf VI. Owner -companion dog interactions: rela- 28. Braastad BO. Effects of prenatal stress on behavior of offspring tionships between demographic variables, potentially problem- of laboratory and farmed mammals. Appl Anim Behav Sci atic behaviors, training engagement and shared activities. Appl 1998;61:159-180. Anim Behav Sci 2007;102:65-84. 29. Clarke AS, Schneider ML. Prenatal stress has long-term effects 4. Mugford RA. Canine behavioral therapy. In: Serpell J, ed. The do- on behavioral responses to stress in juvenile rhesus monkeys. mestic dog: its evolution, behavior and interactions with people. Cam- Dev Psychobiol 1993;26:293-304. bridge, England: Cambridge University Press, 1995;139-152. 30. Lehmann J, Stohr T, Feldon J. Long-term effects of prenatal stress 5. Pierantoni L, Albertini M, Pirrone E Prevalence of owner- experience and postnatal maternal separation on emotionality reported behaviors in dogs separated from the litter at two dif- and attentional processes. Behav Brain Res 2000;107:133-144. ferent ages. Vet Rec 2011;169:468-474. 31. Edwards VJ, Holden GW, Felitti VJ, et al. Relationship between 6. Gaultier E, Bonnafous L, Vienet-Legue D, et al. Efficacy of dog- multiple forms of childhood maltreatment and adult mental appeasing pheromone in reducing stress associated with social health in community respondents: results from the adverse child - isolation in newly adopted puppies. Vet Rec 2008;163:73-80. hood experiences study. Am J Psychiatry 2003;160:1453-1460. 7. Taylor K, Mills DS. A placebo-controlled study to investigate 32. Ladd CO, Huot RL, Thrivikraman KV, et al. Long-term behav- the effect of dog appeasing pheromone and other environmen- ioral and neuroendocrine adaptations to adverse early experi- tal and management factors on the reports of disturbance and ence. In: Mayer EA, Saper CB, eds. Progress in brain research: the house soiling during the night in recently adopted puppies (Ca- biological basis for mind body interactions. Amsterdam: Elsevier, nis familiaris). Appl Anim Behav Sci 2007;105:358-368. 2000;81-103. 8. Hunte Corp. Available at: www.huntecorp.com. Accessed Jun 5, 33. Gunnar M, Quevedo K. The neurobiology of stress and develop - 2011. ment. Annu Rev Psychol 2007;58:145-173. 9. USDA. Final rules: animal welfare; 9 CFR parts 1 and 2. Avail- 34. Tanapat P, Hastings NB, Rydel TA, et al. Exposure to fox odor able at: www.nal.usda.gov/awic/pubs/Legislat/awafin.shtml. Ac- inhibits cell proliferation in the hippocampus of adult rats via cessed Jun 4, 2011. an adrenal hormone -dependent mechanism. J Comp Neurol 10. USDA. Animal welfare reports and electronic freedom of informa- 2001;437:496-504. tion frequent requests. Available at: www.aphis.usda.gov/animal- 35. Dettling AC, Feldon J, Pryce CR. Early deprivation and behav- welfare/efoia. Accessed Feb 8, 2012. ioral and physiological responses to separation/novelty in the 11. McMillan FD, Duffy DL, Serpell JA. Mental health of dogs for- marmoset. Pharmacol Biochem Behav 2002;73:259-269. merly used as `breeding stock' in commercial breeding establish- 36. Fox MW, Stelzner D. Behavioral effects of differential early ex- ments. Appl Anim Behav Sci 2011;135:86-94. perience in the dog. Anim Behav 1966;14:273-281. 12. Hsu Y, Serpell JA. Development and validation of a question- 37. Saetre P, Strandberg E, Sundgren PE, et al. The genetic contribu- naire for measuring behavior and temperament traits in pet tion to canine personality. Genes Brain Behav 2006;5:240-248. dogs. J Am Vet Med Assoc 2003;223:1293-1300. 38. Svartberg K. Breed -typical behavior in dogs -historical remnants 13. Serpell JA, Hsu Y. Effects of breed, sex, and neuter status on or recent constructs? Appl Anim Behav Sci 2006;96:293-313. trainability in dogs. Anthrozoos 2005;18:196-207. 39. Horwitz DF, Neilson JC. BlachwelN five-minute veterinary con - 14. Duffy DL, Hsu Y, Serpell JA. Breed differences in canine aggres- sult clinical companion -canine and feline behavior. Ames, Iowa: sion. Appl Anim Behav Sci 2008;114:441-460. Blackwell Publishing, 2007. JAVMA, Vol 242, No. 10, May 15, 2013 Scientific Reports 1363 Why puppy mills still exist Puppy mills have been inhumanely breeding and selling dogs for decades. Although the federal government regulates most breeders who sell puppies online and to pet stores, the minimal standards imposed on breeders don't promote responsible breeding or ensure healthy puppies. For example, it's legal for licensed breeders to own 1,000 or more dogs, keep them in very small cages for their entire lives and breed them as often as possible. The standards set by the government aren't meant to ensure that the dogs have the good lives they deserve; they only require the bare minimum of care. Plus, there are only a few inspectors in each state for hundreds — sometimes thousands — of licensed breeding facilities. Where are puppy mill dogs sold? Pet stores: Nearly all pet stores that sell puppies are supplied by mills. More and more communities are banning the sale of mill -bred pets in stores, but many Americans are still unaware of the connection between pet stores and puppy mills. Just like pet stores, most websites that sell dogs are selling mill -bred pets, and most of these sites market the puppies as well-bred and lovingly raised. No matter how convincing a website is, though, never buy a pet online. Classified ads: For decades, classified ads have been the first place that puppy buyers go to look for a new pet. Irresponsible breeders tap into this market easily by placing classified ads on websites like Craigslist. Please beware of any ads that list several breeds for sale. And if the breeder won't let you see where the dogs and puppies live, please don't buy the puppy. Best Friends' puppy mill initiative, Through Best Friends' puppy mill initiatives, we are working to convince pet stores to offer pets for adoption instead of selling mill -bred pets, educate consumers about puppy mills, and create and lobby for humane legislation. Together, we're making an impact and saving lives. Join us and help bring about a time when every dog can feel safe, happy and loved. About Best Friendf, Best Friends Animal Society is the only national animal welfare organization dedicated to ending the killing of dogs and cats in America's shelters. A leader in the no -kill movement, Best Friends runs lifesaving programs in partnership with more than 1,800 rescue groups and shelters across the country, as well as regional adoption centers and the nation's largest no -kill sanctuary for companion animals. Founded in 1984, Best Friends has helped reduce the number of animals killed in shelters nationwide from 17 million per year to about two million. That means there are still nearly 5,500 dogs and cats killed every day in shelters, just because they don't have safe places to call home. We are determined to get that number to zero by the year 2025. Working together with you, we will end the killing and Save Them All. From: Christine Grenier on behalf of City Council To: "Jenna Jensen" Cc: City Council; Patty Lent; City Clerk; Legal Bcc: Dino Davis; Eric Younger; Greg Wheeler; Jerry McDonald; Leslie Daugs; Pat Sullivan; Richard Huddy Subject: Citizen Letter - Support for a Retail Pet Sales Ordinance (Jenna Jensen, Humane Society) Date: Wednesday, August 30, 2017 9:16:00 AM Attachments: Bainbridge Island net shop ordinance.pdf image004.ong Ms. Jensen, This is to acknowledge that your e-mail was received and has been provided to the Council Members for their review and consideration. A copy of your email and attached letter will be included as a part of the record for the September 6 Council Meeting under General Business Item 6B. Thank you for taking the time to submit your comments. Sincerely, CJ��YQi[�92C (�KB/2(BK Christine Grenier Council/Auditor Assistant Bremerton City Council (360) 473-5280 City.Council(@ci.bremerton.wa.us www.BremertonWA.gov 114 From: Jenna Jensen [mailto:jjensen@humanesociety.org] Sent: Wednesday, August 30, 2017 5:31 AM To: City Council <City.Council@ci.bremerton.wa.us> Subject: Bremerton pet shop ordinance Good morning, Could you please send the email below and attached letter of support to the Bremerton City Council. Honorable Council Members, On behalf of the Humane Society of the United States, the nation's largest and most effective animal protection organization, and our Stop Puppy Mills Campaign, I applaud Bremerton for considering an ordinance that would prohibit the sale of puppy mill dogs in pet stores. Puppy mills will continue to abuse animals until they have nowhere left to sell, which is where compassionate lawmakers like yourself come in. I've attached our letter of support which details why these ordinances are so important. Let me know if you have any questions. Kindly, Jenna Jensen Public Policy Coordinator, Puppy Mills Campaign No ensen0)humanesociety.ora t 301-258-1506 c 202-689-9621 The Humane Society of the United States 125523 d Street, NW, Suite 450 Washington, DC 20037 humanesociety.org Join Our Email List Facebook Twitter Bloa J- ' THE HUMANE SOCIETY OF THE UMITED STATES The Humane Society of the United States is the nation's largest animal protection organization, rated most effective by our peers. For 60 years, we have celebrated the protection of all animals and confronted all forms of cruelty. We are the nation's largest provider of hands-on services for animals, caring for more than 100,000 animals each year, and we prevent cruelty to millions more through our advocacy campaigns. The HSUS is approved by the Better Business Bureau's Wise Giving Alliance for all 20 standards for charity accountability, and was named by Worth Magazine as one of the 10 most fiscally responsible charities. To support The HSUS, please make a monthly donation, or give in another way. You can also volunteer for The HSUS, and see our 55 ways you can help animals. Read more about our 60 years of transformational change for animals, and visit us online at humanesociety.ora. t-,W:";0,Af ` -W THE HUMANE SOCIETY OF THE UNITED STATES Celebrating Animals I Confronting Cruelty Enc L. Bernthal, Esq. Chair of the Board JenniterLeaning, M.D., S.M.H. Vice Chair August 30, 2017 Jason Weiss Second vice Chair Honorable Council Members: Kathleen M. Linehan, Esq. Board Treasurer Wayne Pacelle On behalf of the Humane Society of the United States (HSUS), the nation's largest President and most effective animal protection organization, I am writing in support of a & Chief fxecUive Officer Bremerton ordinance that would prohibit the sale of puppy mill dogs in pet stores. Michael Markarian Chief Operating Officer We have worked directly with many of the 236 localities across the country that G. Thomas Waite III Treasr re< have enacted pet shop ordinances and are willing and eager to work with you. & Chief Finandal Officer Andrew N. Rowan, Ph.D. As of date pet shop ordinances have been upheld on constitutional grounds in 6 Chieflnternational Officer &ChiefScienti6cOfficer federal district courts (in Rhode Island, Florida, Arizona, New York, and twice in Katherine L. Kad Illinois) and once in Florida state court, and have never been struck down. General Counsel & Chief L egal Officer Bremerton should consider a pet shop ordinance for the following key reasons: Amy C. Rodgers Secretary DIRECTORS Pet stores ordinances protect consumers Jeffrey J. Arciniaco Eric L. Bernthal, Esq. The HSUS has conducted numerous hidden -camera investigations 123 which David Brownste n Enka Brunson consistently reveal that pet stores supply unsuspecting consumers with puppies Jerry Cesak from inhumane large-scale commercial breeders, despite claims by pet stores that Anita W Coupe, Esq. Neil B. Pang, Esq.• CPA they would "never obtain dogs from puppy mills." Jane Greenspun Gale Spencer B. Haber Amanda Hearst Across the board, pet stores claim that they obtain animals from small-scale Cathy Kangas > Paula A. Kislak, D.V.M. humane breeders. The reality is that pet stores do not have the option to obtain dogs Charles A. Laue Jenniter Leaning, M.D, S.M.H. from responsible breeders because responsible breeders do not sell puppies to pet Kathleen M. Linehan, Esq. John Mackey stores. The HSUS reviewed Codes of Ethics for the National Breed Clubs representing all dog breeds recognized by the AKC, and found that 96% of those kMax L.MCDonnell Pat�1. C. Thomas McMillen National Clubs include statements to the effect that their breeders should not and/or Judy Ney Sharon Lee Patrick do not sell to pet stores. Marsha R. Perelman Margaret Perenchio Marian G. Probst Pet store puppies are often sick and have behavioral problems Jonathan M. Ratner Joshua S. Reichert, Ph.D. WalteStewart, Esq. At the HSUS, we receive a constant stream of complaints from consumers who AndrewwWeinstein Jason Weiss have spent thousands of dollars in veterinary bills caring for their sick pet store Suzy Welch David 0. Wiebers, M.D. puppies. Puppies in pet stores are often sick because they are born into deplorable http://www.humanesociety.org/news/news/2011/11/ny_puppy_mill_110911. html#. UvkvXWJ dWAg z http://www.humanesociety.org/news/press_ releases/2012/12/puppy-mill-investigation-chicago-121012.html 3 http://www.humanesociety.org/assets/pdfs/pets/puppy_mills/investigation-report-texas.pdf 1255 23rd Street, NW, Suite 450 Washington, DC 20037 t 202.452.1100 f 202.776.6137 humanesociety.org conditions, taken from their mothers very early, exposed to a wide range of diseases, and very susceptible to genetic disorders. Yet, repeatedly, customers report that pet shops claim all their animals are healthy and came from only the highest quality breeders. A 2013 study published in the Journal ofAmerican Veterinary Medicine, entitled "Differences in behavioral characteristics between dogs obtained as puppies from pet stores and those obtained from noncommercial breeders,"4 concluded that obtaining dogs from pet stores versus noncommercial breeders represented a significant risk factor for the development of a wide range of undesirable behavioral characteristics, especially aggressive behavior and biting. Due to the results of the study, the authors stated that they cannot recommend that puppies be obtained from pet stores. Pet shop ordinances are business friendly Pet shop ordinances are designed to require pet shops to obtain animals from humane sources, not to put pet stores out of business. In fact, the largest and most successful pet store chains in the country (PetSmart and PetCo) do not sell puppies. The HSUS works directly with pet shops willing to switch to the humane model, where they only acquire dogs from shelters and rescues. We have seen many pet shops thrive on this new model. In fact, initial successes have led us to create specifically designed programs to assist pet store owners seeking transition to the humane model.5 Pets Plus Natural, with 8 stores throughout NJ and PA, used to sell commercially -raised puppies but switched to the humane model after learning of the high kill rates in some shelters. The owners decided to become part of the pet overpopulation solution rather than continuing to add to the problem. As of date, they have adopted out over 5,300 rescue animals and business is thriving. The owners credit their success to having a much better reputation in the community. Pet shop ordinances support responsible breeders Pet shop ordinances prohibit the sale of pet shop dogs acquired from puppy mills. Ordinances do not affect responsible breeders. We find that across the country responsible breeders are in favor of pet shop ordinances because they understand better than anyone how horrible the pet shop and puppy mill industries are for dogs and consumers. Responsible breeders would never sell their puppies to pet shops because responsible breeders want to know where their puppies will end up. The HSUS established a Breeder Advisory and Resource Council (BARC)6 , comprised of responsible dog breeders from around the nation who share an interest in curbing the mistreatment of dogs in puppy mills. Even the AKC, who is funded by the puppy mill industry, agrees with the HSUS and responsible breeders everywhere, that "the best way for a person to obtain a new pet is through personal interaction with the pet's breeder and the pet under consideration." When purchasing a puppy from a pet store, this is simply not possible. 4 McMillan, Franklin D, DVM, DACVIM; James A. Serpell, PhD; Deborah L. Duffy, PhD; Elmabrok Masaoud, PhD; Ian R. Dohoo, DVM, PhD, "Differences in behavioral characteristics between dogs obtained as puppies from pet stores and those obtained from noncommercial breeders," Journal of the American Veterinary Medical Association 242, No.10 (2013), 1359-1363. 5 http://www.humanesociety.org/issues/puppV mills/facts/puppy friendly pet stores.html#.Uql-ZXXTnVQ 6 http://www.humanesociety.org/issues/puppV mills/facts/breeders advisory resource council.html#.Ugl9lBXTnVQ (accessed 6 Dec. 2013). Pet shop ordinances support shelters and rescues Pet shop ordinances support shelters by encouraging consumers to adopt and requiring pet stores to obtain dogs from shelters and rescues, rather than from puppy mills. Also, ordinances lessen the burden on shelters that take in pet store dogs. Many pet store dogs end up in shelters because they come with a wide range of behavioral problemsa result of a lack of necessary socialization. Data shows that shelter intake and euthanasia rates decline in cities that prohibit the sale of puppy mill dogs. In some cities, such as Albuquerque, NM and Los Angeles, CA these declines are dramatic. Federal and state laws do not protect consumers or dogs Pet stores claim that they do not obtain dogs from puppy mills because they only source from USDA certified facilities. But, as the USDA explains on its website's FAQ page, "we do not `certify' establishments... a USDA license is not a `seal of approval' but rather a legal designation that a facility has successfully passed its pre -license inspection and is legally entitled to use regulated animals for regulated activities."7 The USDA has repeatedly asserted that their regulations and standards are minimum requirements that should be built upon by the states and that regulated businesses should exceed.$ Moreover, the last time the USDA audited itself, the Inspector General reported that the USDA does a horrible job of enforcing these minimum standards. The USDA "was not aggressively pursuing enforcement actions against violators" and "assessed minimal monetary penalties" against violators. 9 USDA standards allow commercial breeders to keep dogs in cramped, stacked, wire cages for their entire lives. The USDA does not require that dogs be regularly let outside of their cages for exercise, nor does it mandate socialization. Dogs can be kept in extreme temperatures for prolonged periods of time. Females are bred as early and often as possible and personnel without veterinary training often perform surgical births. Breeders are not required to vaccinate dogs from many highly infectious deadly diseases or to provide regular veterinary care. When dogs are no longer able to reproduce, breeders often abandon or inhumanely euthanize them. Thus, even if a breeder complies with all USDA requirements, a breeder can keep animals in extremely inhumane conditions. The HSUS, along with the Humane Society Veterinary Medical Association and the American Society for Prevention of Cruelty to Animals, recently submitted a petition to the USDA10, asking the agency to promulgate new rules to address all of the aforementioned welfare concerns. As of yet, not a single pet store has signed on in favor of this petition. https:Hacissea rch. a ph is. us da.gov/LPASea rch/faces/CustomerSea rch.jspx $ See 7 U.S.C. § 2143(A)(8), stating that the federal Animal Welfare Act does not preempt state laws; U.S. Department of Agriculture, Animal Plant and Health Inspection Service, "Fact Sheet: Animal Care. The Animal Welfare Act," in http://ca-biomed.org/pdf/media- kit/oversight/USDAAWA.pdf (accessed 5 Dec, 2013). 9 U.S. Department of Agriculture, Office of Inspector General, "Animal and Plant Health Inspection Service Animal Care Program Inspections of Problematic Dealers," Audit Report 33002 -4 -SF (May 2010), 1. 10 http://blog.humanesociety.org/wp-content/uploads/2015/09/HSUS-PuppV-Mill-Petition-for-Rulemaking-FINAL3625509 18 DC.pdf Conclusion The morals and values of Bremerton cannot be represented by allowing the sale of dogs from puppy mills — an industry so intrinsically linked to unnecessary animal suffering. Bremerton pet store customers should not be duped into supporting the cruel puppy mill industry and into buying puppies exposed to the unique set of physical and behavioral problems created by such a substandard upbringing. Bremerton residents should no longer have to accept the importing of puppies from puppy mills while their tax dollars are spent sheltering and euthanizing dogs for which there are no homes. Thank you for considering such an important ordinance. Sincerely, Jenna Jensen Public Policy Coordinator, Puppy Mills Campaign j j ensenghumanesociety. org t 301-258-1506 c 202-689-9621 The Humane Society of the United States 1THE HUMANE SOCIETY OF THE UWTE0 STATES 1255 23rd Street, NW,Washington, DC 20037 humanesociety.or2 From: Christine Grenier on behalf of City Council To: "Donnelly. Theresa LCDR US NAVY, CVN68 USS NIMITZ" Bcc: Dino Davis; Eric Younger; Grea Wheeler; Jerry McDonald; Leslie Dauas; Pat Sullivan; Richard Huddy Subject: Citizen Letter - Support for a Retail Pet Sales Ordinance (Theresa Donnelly, Kitsap Humane Society) Date: Friday, September 1, 2017 10:00:00 AM Attachments: imaae003.ona Ms. Donnelly, This is to acknowledge that your e-mail was received and has been provided to the Council Members for their review and consideration. A copy of your email will be included as a part of the record for the September 6 Council Meeting under General Business Item 6B. Thank you for taking the time to submit your comments. Sincerely, Christine Grenier Council/Auditor Assistant Bremerton City Council (360) 473-5280 City.Council(@ci.bremerton.wa.us www.BremertonWA.eov -----Original Message ----- From: Donnelly, Theresa LCDR US NAVY, CVN68 USS NIMITZ [mai lto:Theresa.Don nelly@cvn68.navy. mi l] Sent: Friday, September 1, 2017 8:49 AM To: City Council <City.Council@ci.bremerton.wa.us> Subject: Retail Pet Store Ordinance Dear members of the Bremerton City Counsel, My name is Theresa Donnelly. I am a resident of Bremerton and an active duty naval officer. I'm currently in the Middle East while my ship is performing combat operations to annihilate ISIS. But there's a different kind of annihilation I am writing to you today about. And that is to put a screeching halt to animal abusers. The pet store industry has a nasty secret that's been hidden from the public for far too long. And that is the sale of puppies. These puppies do not come from loving family farms. In fact, most pet stores won't even reveal their sources because this is a hidden, ugly industry predicated on greed and cruelty. Earlier this year, the Trump Administration sadly took down the USDA inspection records of large- scale breeders. Now this industry is even more deceptive and secretive. A responsible breeder cares deeply on where their animals end up, will take an animal back at any time, and would never sell through a pet shop to strangers. I know this because I used to breed and show boxers. I was surrounded by those that wanted to better the breed, not get rich off of defense less animals. And I kept in touch with the people that received our puppies, building a tie that remains to this day. In the military, we live by a code of honor. In a community as lovely as Bremerton, I feel a great sense of pride and ownership in making my community safer for animals and not stressing families emotionally and financially with the burden of purchasing sick dogs. Mother dogs languish for years in unsanitary kennels to support this seedy industry. When they are no longer needed, they are then killed. This is common practice where animals are simply livestock, not members of a family. They have a tiny cage with just enough space to turn around. Those mother dogs will never feel the grass on their paws, or the loving touch of an owner. This is the kind of business that proliferates when communities host a pet store that sells animals. Thankfully, Bremerton has no such stores, but currently there is nothing stopping these unscrupulous business owners from setting up a storefront. I humbly ask you to take a stand here and let Bremerton be a model city for other WA cities to emulate. There are hundreds of such cities already making this humane choice and CA is poised to pass a statewide bill regarding this issue. You will also pave the way for shelter animals to have another venue to be seen, giving these discarded pets a better opportunity for a second chance. Thank you for your time in reading this. I will be following this issue very closely, and only hope you find it in your hearts to do the right thing, in spite of the businesses that pressure you not to. The evidence is overwhelmingly clear that this industry thrives off of secrecy, cruelty and greed. Do not allow these pet store owners to set up shop in Bremerton. Thank you! Sincerely, Theresa Donnelly Volunteer Distruct Leader, Kitsap County Humane Society of the United States From: Christine Grenier on behalf of City Council To: "leslie davies" Bcc: Dino Davis; Eric Younger; Grea Wheeler; Jerry McDonald; Leslie Dauas; Pat Sullivan; Richard Huddy Subject: RE: Citizen Letter - Support for a Retail Pet Sales Ordinance (Leslie Davies) Date: Tuesday, September 5, 2017 9:18:00 AM Attachments: imaae003.ona Ms. Davies, This is to acknowledge that your e-mail was received and has been provided to the Council Members for their review and consideration. A copy of your email will be included as a part of the record for the September 6 Council Meeting under General Business Item 6B. Thank you for taking the time to submit your comments. Sincerely, Christine Grenier Council/Auditor Assistant Bremerton City Council (360) 473-5280 City.Council(Mci.bremerton.wa.us www.BremertonWA.gov From: leslie davies[mailto:nopuppymills59@gmail.com] Sent: Saturday, September 2, 2017 8:34 AM To: City Council <City.Council@ci.bremerton.wa.us> Subject: Please ban stores that sell animals from puppy mills Dear City Council -members, Dogs living in mills fall under the jurisdiction of the United States Dept. of Agriculture and are considered nothing more than livestock. The USDA considers the length of your body plus 6 inches to be an appropriate amount of living space for our companion animals. Mother dogs spend their lives existing inside these tiny cages, never having any human contact or ever having the opportunity to touch the ground. Although most puppy mills are licensed and inspected by the USDA, the existing USDA regulations offer no protection for the breeding mothers or their puppies. Thanks, Leslie Davies From: Christine Grenier on behalf of City Council To: "Jackie Perriaoue" Cc: City Council; Patty Lent Bcc: Dino Davis; Eric Younger; Grea Wheeler; Jerry McDonald; Leslie Daugs; Pat Sullivan; Richard Huddy Subject: RE: Citizen Letter - Support for a Retail Pet Sales Ordinance (Jackie Perrigoue) Date: Tuesday, September 5, 2017 9:25:00 AM Attachments: imaae003.nna Ms. Perrigoue, This is to acknowledge that your e-mail was received and has been provided to the Council Members and Mayor Lent for their review and consideration. A copy of your email will be included as a part of the record for the September 6 Council Meeting under General Business Item 6B. Thank you for taking the time to submit your comments. Sincerely, Christine Grenier Council/Auditor Assistant Bremerton City Council (360) 473-5280 City.Council(Mci.bremerton.wa.us www.BremertonWA.gov From: Jackie Perrigoue [mailto:j_star_53@hotmail.com] Sent: Tuesday, September 5, 2017 3:03 AM To: City Council <City.Council@ci.bremerton.wa.us> Cc: Kimmy Siebens <kimmysiebens@yahoo.com> Subject: 9-6-17 City Council Meeting/Addendum to Muni Code Banning Sale of Puppies & Kittens in Pet Stores To: Mayor Patty Lent; Council Members: Richard Huddy, Leslie Daugs, Jerry McDonald, Eric Younger, Pat Sullivan, Dino Davis, and Greg Wheeler I write as a concerned Washington state citizen, tax -payer & voter. As the nationwide Administrator of PAWS Across America Animal Advocacy, I am quite knowledgeable on most animal rights issues, including the dark side of breeding & sale of puppies and kittens in pet stores. We've been fighting to shut down these deplorable, cruel, brutal mill breeders, as well as back yard breeders for some time! In order to accomplish this, their incentive must be eliminated. Their incentive is, obviously, profiting from their inhumane breeding practices starting with sales to pet stores! As long as the sale of these poor creatures is allowed, they will continue to abuse and force endless procreation until they can no longer bear young, their suffering only stops then, and that's when their lives are ended. Up to that point they are kept in tiny wire cages (not big enough to stand up or turn around in) which are "built" on top of one another, typically 3 or 4 high, so the animals' defecation slips through wire cages onto animals below. Smaller animals are frequently impaled on broken wires, lascerating eyes, feet, legs caught & broken when attempting to free themselves from holes in cages, and jaws are often broken when hung up when trying in vain to chew their way out ... none of these animals ever sees a vet, and their injuries become filthy and infected, but no worries, they can still reproduce! The repeatedly bred animals (frequently inbred) produce seriously sickly and/or deformed offspring. A high percentage of these babies die enroute, in the petstores, or shortly after being purchased. They receive no vet care and poor nutrition the entire time from birth to sale. Torture at the hands of petstore owners and workers is also well known. Plus their short sickly lives cost loss of even more lives, because there is a serious overpopulation problem and healthy dogs & cats are destroyed by the thousands every day while people buy their pets from stores instead of adopting from shelters. Many laws need to be enacted, changed or enforced in order to get this overall problem under control. In the interim, we must address one aspect at a time. Ban the sale of puppies & kittens in pet stores now! Pass Addendum to current Municipal Code, banning sale of puppies and kittens in pet stores! Jackie Star-Perrigoue Administrator PAWS Across America Advocacy i star 53aa.hotmail.com Cinebar, WA From: Christine Grenier on behalf of City Council To: "kelly syhre" Bcc: Dino Davis; Eric Younger; Grea Wheeler; Jerry McDonald; Leslie Dauas; Pat Sullivan; Richard Huddy Subject: RE: Citizen Letter - Support for a Retail Pet Sales Ordinance (Kelly Syhre) Date: Wednesday, September 6, 2017 4:03:00 PM Attachments: imaae003.ona Ms. Syhre, This is to acknowledge that your e-mail was received and has been provided to the Council Members for their review and consideration. A copy of your email will be included as a part of the record for the September 6 Council Meeting under General Business Item 6B. Thank you for taking the time to submit your comments. Sincerely, Christine Grenier Council/Auditor Assistant Bremerton City Council (360) 473-5280 City.Council(Mci.bremerton.wa.us www.BremertonWA.gov From: kelly syhre [mailto:ksyhre@email.com] Sent: Wednesday, September 6, 2017 3:38 PM To: City Council <City.Council@ci.bremerton.wa.us> Subject: please consider a ban on the sale of companion animals in retail settings Hello, I am writing to ask that you please consider banning the sale of companion animals in retail settings. As a concerned citizen who has lived throughout Kitsap County since 1998, I am completely against retail stores who sell animals which are typically from irresponsible backyard breeders or from puppy mills. Businesses who adopt a humane business model and promote adoption in their stores will always get my support! Thank you for your time, Kelly Syhre AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Interlocal Agreement with Kitsap Study Session Date County for Traffic Engineering Services COUNCIL MEETING Date Department: Presenter: August 23, 2017 September 6, 2017 PW&U Chal Martin Phone: (360) 473-5758 SUMMARY: This Interlocal Agreement provides a mechanism for Kitsap County to provide traffic engineering services to the City on a reimbursable basis, for 10 years and can be terminated at any time by either party by providing 10 days written notice. Please note this agreement contains indemnification language not supported by the City Attorney. This agreement, included as a package request to Kitsap County, did not receive prior specific authorization by the Council as did the street striping and paving interlocal agreements. Therefore it is being brought forward here as a separate item. ATTACHMENTS: 1) Interlocal Agreement FISCAL IMPACTS (Include Budgeted Amount): No additional funds are required. This interlocal agreement will be used by the City for specific services only if the City has adequate funds budgeted and only if Kitsap County has staff time available to support the City's request. STUDY SESSION AGENDA: 0 No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda ❑x General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve an Interlocal Agreement with Kitsap County for Traffic Engineering Services; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION Form Updated 01/07/15 ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action INTERLOCAL AGREEMENT BETWEEN KITSAP COUNTY AND THE CITY OF BREMERTON FOR TRAFFIC ENGINEERING SERVICES THIS INTERLOCAL AGREEMENT (Agreement) is made and entered into pursuant to the Interlocal Cooperation Act, Chapter 39.34 of the Revised Code of Washington, by and between Kitsap County (County), a political subdivision of the State of Washington, and the City of Bremerton (City), a municipal corporation of the State of Washington, (the parties). WHEREAS, Revised Code of Washington Section 39.34.030 authorizes cooperative efforts between public agencies, and WHEREAS, the City of Bremerton requires traffic engineering services, and WHEREAS, the Kitsap County Public Works Department has the capability to provide this service to the City of Bremerton on a reimbursable basis. NOW, THEREFORE, in consideration of their mutual covenants, conditions and promises, THE PARTIES AGREE as follows: 1. PURPOSE OF AGREEMENT: The purpose of this Agreement is for Kitsap County to provide traffic engineering services to the City of Bremerton. 2. ADMINISTRATION OF AGREEMENT: The Kitsap County Department of Public Works will administer this Agreement for Kitsap County. The Bremerton Public Works Department will administer this Agreement for the City of Bremerton. 3. DURATION OF AGREEMENT: This Agreement shall take effect upon execution of the Agreement by both County and City and shall remain in effect until December 31, 2025. 4. TERMINATION OF AGREEMENT: Either the County or the City may terminate this Agreement by giving ten days written notice to the other party. 5. REQUEST BY THE CITY: Whenever the City desires to obtain traffic engineering services, the City shall make a request for said work in writing, upon the form shown as Exhibit A, or by other written means that includes the information indicated by the form at Exhibit A. 6. REVIEW OF REQUEST: The requested Exhibit A's scope of work will be reviewed by the County Public Works Director, or his/her designee, as applicable, to ensure that the requested work can be completed in a timely and efficient manner. The County Public Works Director has the final decision as to required manpower and equipment needs. 7. APPROVAL OF REQUEST: The County Public Works Director, or his/her designee, will decide whether to approve the work request. 8. FULLFILLMENT OF REQUEST: If the County Public Works Director approves the City's request, as set forth in this Agreement, the County will perform the work requested. The requested work will be done at the convenience of the County. 9. COUNTY EMPLOYEES: County employees assigned to projects pursuant to this Agreement remain employees of the County at all times and shall perform the work requested under the sole supervision of the County. 10. FINANCIAL RESPONSIBILITY: In accordance with RCW 43.09.210, the City shall be solely responsible for all costs of the City's project or requested work, and administration of all grant funds, if any, related to the City's project. 11. REIMBURSEMENT: In accordance with RCW 43.09.210, the City shall reimburse the County for all costs of direct and indirect labor, administration, equipment rental, engineering, materials and supplies for the work performed pursuant to this Agreement. The County shall submit a statement to the City after performance or delivery and within thirty (30) days the City shall remit thereon. 12. LEGAUADMINISTRATIVE ENTITY: No separate legal or administrative entity is created by or pursuant to this Agreement. 13. INDEMNIFICATION: A. To the fullest extent allowed by law, the City shall defend, indemnify and hold harmless at the City's sole expense, Kitsap County, its elected and appointed officials, officers employees and agents, from and against any and all claims, actions, demands, losses, damages, liabilities and costs, including, but not limited to, attorney fees and litigation costs, arising in connection with this Agreement, whether the demand, loss or claim is due to the negligence of the County, its elected and appointed officials, officers, employees, agents, or third parties, except that the City shall not be liable for injury or damages caused by the sole negligence or willful misconduct of Kitsap County, its elected or appointed officials, officers, employees or agents. B. Each party agrees to notify the other party within two weekdays of any claims made related to this Agreement. C. The indemnification provision shall survive the expiration or termination of this Agreement. 14. COMPLIANCE WITH REGULATIONS AND LAWS: The parties shall comply with all applicable rules and regulations pertaining to them in connection with the matters covered herein. 15. ASSIGNMENT: The parties shall not assign this Agreement or any interest, obligation Page 2 Interlocal Agreement Between Kitsap County and the City of Bremerton for Traffic Engineering Services or duty herein without the express written consent of the other party. 16. ATTORNEY 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 fees. 17. NOTICES: All notices and payments hereunder may be delivered or mailed. If mailed, they shall be sent to the following respective addresses: To Kitsap County: Andrew Nelson, Director Kitsap County Public Works Department 614 Division Street, MS -26 Port Orchard, WA 98366 Phone: (360) 337-4866 To Bremerton: City of Bremerton 345 6th Street, Suite 600 Attn: City Clerk Phone: (360) 473-5290 or to such other respective addresses as either party may hereafter designate in writing. All notices and payments mailed by regular post (including first class) shall be deemed to have been given on the second business day following the date of mailing, if properly mailed and addressed. Notices and payments sent by certified or registered mail shall be deemed to have been given on the day next following the date of mailing, if properly mailed and addressed. For all types of mail, the postmark affixed by the United States Postal Service shall be conclusive evidence of the date of mailing. 18. INSURANCE: Each party shall maintain insurance adequate to cover all its reasonably foreseeable activities under this Agreement. 19. FILING: This document shall be filed with the County Auditor pursuant to chapter 39.34 RCW. 20. ENTIRE AGREEMENT: This Agreement and its Exhibit constitute 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. 21. 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 Pierce County Superior Court. 22. SEVERABILITY: If any provision of this Agreement, or any provision of any document incorporated by reference, shall be held invalid, such invalidity shall not affect the other provisions of this Agreement that can be given effect without the invalid provision, if such remainder conforms to the requirements of applicable law and the fundamental purpose of this Agreement, and to this end the provisions of this Agreement are declared to be severable. Page 3 Interlocal Agreement Between Kitsap County and the City of Bremerton for Traffic Engineering Services Dated thisday of TGA[ , 2016 CITY OF BREMERTON Patty enAftyor st:� r Shannon Corin, City Clerk Approved as to form: Roger A. Lubovich, City Attorney Dated this ,day of 2016 BOARD OF COUNTY COM% ISSIONERS KITSAP COUNTY, WASHINGTON raw d E. Wolfe, Chair A 16 '-d-VtAl Al..--" Charlotte Garrido, Commissioner Rob Gelder, Commissioner Dana Daniels, Clerk of the Approved as to erheide, �ef Civil Deputy Attorney Page 4 Interlocal Agreement Between Kitsap County and the City of Bremerton for Traffic Engineering Services EXIiIBIT KA" REQUEST AND AGREEMENT FOR REIMBURSABLE WORK PERFORMED BY KITSAP COUNTY / CITY OF BREMERTON DEPARTMENT OF PUBLIC WORKS The undersigned hereby requests that the following described work and/or service be performed by the Kitsap County Department of Public Works for the City of Bremerton. It is understood that this work will be done at the convenience of the City or County Department of Public Works and that the undersigned agency will reimburse all costs, unless otherwise indicated. DESCRIPTION OF WORK OR SERVICES REQUESTED: Estimate Attached: Yes No Projected Completion Date: Total Cost Not to Exceed $ The undersigned certifies that sufficient budgeted funds are available to cover the cost of the requested work and/or services, and that payment to the Kitsap County Department of Public Works will be made promptly unless otherwise indicated in this Agreement. 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