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11/01/2017 AGENDA PACKET
CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337 - Phone (360) 473-5280 NOVEMBER 1, 2017 CITY COUNCIL MEETING AGENDA 1. BRIEFING: 5:00 — 5:30 P.M. in COUNCIL CONFr-KENCE ROOM 603 A. Review of Agenda B. General Council Business (As necessary...) 2. CALL TO ORDER: 5:30 P.M. in FIKJ i FLOOR CHAMBERS A. Pledge of Allegiance B. Invocation 3. FIRE DEPARTMENT PROMOTION CEREMONY 4. MAYOR'S REPORT 5. PUBLIC RECOGNITION 6. CONSENT AGENDA A. Claims and Check Register B. Minutes of Meeting — October 18, 2017 C. Minutes of Study Session — October 25, 2017 D. Confirm Reappointment of Joan Hanten to the Bremerton Housing Authority Board of Commissioners E. Confirm Reappointment of Will Maupin to the Bremerton Housing Authority Board of Commissioners F. Lease Agreement between the City of Bremerton and Connection Credit Union, Inc. G. Interlocal Agreement for Technical Rescue Mutual Aid between the City of Bremerton and other local Fire Agencies H. Interlocal Agreement between the City of Bremerton and Kitsap County Administrative Services for Court Security Services I. Acceptance of 2018 - 2019 Office of Public Defense Grant J. Contract Modification No. 2 to the Professional Services Agreement with CodePros, LLC for Supplemental Building Division Services 7. GENERAL BUSINESS A. Resolution No. 3296 supporting Olympic Education Service District Inter -Agency School Safety and Security Plan 8. COUNCIL MEMBER REPORTS 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. 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ATTACHMENTS: FISCAL IMPACTS (Include Budgeted Amount): STUDY SESSION AGENDA: 0 No Presentation ❑ Full Presentation STUDY SESSION ACTION: N Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the consent agenda as presented. COUNCIL ACTION: ❑ Approve ❑ Deny Form Updated 01/07/15 ❑ Table ❑ Continue ❑ No Action SUBJECT: Minutes of Meeting — October 18, 2017 AGENDA BILL CITY OF BREMERTON 6B CITY COUNCIL Study Session Date COUNCIL MEETING Date Department Presenter Phone N/A November 1, 2017 City Council Council President (360) 473-5280 SUMMARY: Attached is the summary of the City Council Meeting on October 18, 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, October 18, 2017 The weekly meeting of the City Council of the City of Bremerton was called to order Wednesday, October 18, 2017, at 5:00 PM in Council Conference Room 603 of the NORM DICKS GOVERNMENT CENTER, 345 6th Street, Bremerton, Washington, with Council President Eric Younger presiding. Council Members present were Richard Huddy, Dino Davis, Greg Wheeler, Jerry McDonald, Leslie Daugs, and Pat Sullivan. Also present were City Attorney Roger Lubovich; City Clerk Shannon Corin; Council Assistant Christine Grenier; and Kevin Matthew, Information Services Manager. A COUNCIL BRIEFING was held to discuss General Council Business at 5:00 PM in the Council Conference Room. At 5:30 PM the meeting moved to the Meeting Chambers. The Pledge of Allegiance was led by Council Member Pat Sullivan followed by the Invocation provided by Pastor Eric Roberts of Discovery Fellowship. POLICE DEPARTMENT SWEARING-IN CEREMONY Captain James Burchett brought forward Municipal Court Judge James Doctor to administer the Oath of Office for new Police Officer Samantha Ortona. FIRE DEPARTMENT SWEARING-IN CEREMONY Chief David Schmitt brought forward Municipal Court Judge James Doctor to administer the Oath of Office for new Fire Fighters Carlo Celeste; Orlando Diaz; Spencer Erwin; Cody Hoefs; and Chris Ritter. MAYOR'S REPORT • Chal Martin, Public Works & Utilities Director, commended Chance Berthiaume, Water Resources, who was awarded a Certificate in Professional & Municipal Stormwater Management noting that there only 391 people in the world who have earned this certification; • Holly Peterson of the Bremerton Senior Center, encouraged people to attend the 451h Annual Senior Craft Fair on Friday, October 20 from 10:00 AM to 5:00 PM and on Saturday, October 21 from 9:00 AM to 4:00 PM at the Sheridan Park Community Center; • It was announced that the Lebo Boulevard Project is now complete; • October 20, 2017 was proclaimed as "Community Media Day'; with the proclamations presented to Charleen Burnette, Public Access Manager; Milenka Hawkins -Bates, BKAT Advisory Committee; and Sheldon Parr, West Sound Community Television; • The community was encouraged to attend the Peninsula Fruit Club's Fall Fruit Show on Thursday, October 28 from 10:00 AM to 4:00 PM at the West Side Improvement Club; and • In recognition of Cancer Awareness for the Month of October, the Haselwood Auto Group held "Drive for a Cause" to raise funds for cancer research at Fred Hutch Hospital; and the City's Police and Fire are wearing pink on their uniforms. POLICE DEPARTMENT BRIEFING Captain James Burchett outlined statistics from September to early October; and briefed the Council on "Operation Net Nanny". Comments were provided by Daugs and Huddy... President Younger added a special announcement to caution anyone planning to speak during Public Recognition that during the election period, beginning now through the November General Election, that they are prohibited from commenting on any candidate or ballot issues... City Council Reg. Mtg. Minutes Wednesday, October 18, 2017 Page 2of5 PUBLIC RECOGNITION Mike Walton, YMCA Community Relations, announced fall activities taking place at the Kitsap Family YMCA including the Halloween Hustle on Saturday, October 28 at 9:00 AM; followed by the Fall Festival from 10:00 AM to 1:00 PM. Jim Adrian announced that a Winter Shelter will be in place from November 1, 2017 to March 31, 2018 at the Salvation Army located at 832 6t" Street; and that there will also be a Community Meeting on November 2 at 6:00 PM to discuss further details of the planned shelter. Marji Singleton attempted to comment that she doesn't want to be charged by the City to park in front of her own house; but she was directed by President Younger to wait for Item 10A. Susan Mayer and Aimee Oien, Union Shop Stewards representing fellow employees at Harrison Medical Center, expressed their concerns, and asked City officials to join them in holding CHI Franciscan accountable for failing to live up to their mission; particularly after a recent incident where CHI Franciscan management used security guards to close food services to the community in an effort to silence their workers from advocating for themselves, their patients, and to improve hospital staffing. CONSENT AGENDA 8A — Claims & Check Register: Check Numbers 375708 through 375915 and EFT -17815 through EFT -17862 in the amount of $2,560,074.02; Regular Payroll for the pay period ending September 30, 2017 in the amount of $747,117.18; Regular Payroll (Pay out) for the pay period ending September 30, 2017 in the amount of $7,483.08 9B— Minutes of Meeting — October 4, 2017 8C — Minutes of Study Session — October 11, 2017 8D— Change Order No. 2 and Administrative Authorization for Closeout the Lebo Boulevard Roadway Improvement Project 8E— Purchase of Office Furniture and Installation Services from Staples Business Advantage for City of Bremerton Offices located on the of the Norm Dicks Government Center There were no comments or questions by members of the public... 06:10:50 M/S/C/U (McDonald/Huddy) Move to approve the CONSENT AGENDA as presented PUBLIC HEARINGS 9A — PUBLIC HEARING FOR ACCEPTANCE OF THE 2017 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT: Captain James Burchett summarized that the Bremerton Police Department is applying for the local solicitation of the Edward Byrne Memorial Justice Assistance Grant (JAG). Since 2010, JAGs have been used to help fund the salary of the Community Resource Specialist. The 2017 JAG will be used for the same purpose. This grant will allow the City of Bremerton to continue to sustain the Community Resource Unit and its crime prevention function and programs which include Neighborhood Watch, the Landlord Notification Program, Abandoned Property Program, crime analysis function, enforcement of the Chronic Nuisance Property Ordinance, and the Bremerton Citizen Auxiliary Volunteer Program. The grant is from the Department of Justice. No matching funds are required of the City. The total grant amount is $22,211.00. President Younger opened the public hearing... With no comments received, President Younger closed the Hearing to the public, and opened for discussion with the Council... SUBJECT: Claims & Check Register SUMMARY: AGENDA BILL CITY OF BREMERTON CITY COUNCIL Study Session Date: N/A COUNCIL MEETING Date: November 1, 2017 Department: Financial Services Presenter: Shannon Corin Phone: 473-5323 Approval of the following checks and electronic fund transfers: 1) Check #'s 375916 through 376149 and EFT's 17863 through 17912 in the amount of $1,985,239.38. 2) Regular Payroll for the pay period ending October 15, 2017 in the amount of $749,792.58. 3) Retiree Payroll for the pay period ending October 31, 2017 in the amount of $49,507.09. ATTACHMENTS: FISCAL IMPACTS (Include Budgeted Amount): STUDY SESSION AGENDA: 0 No Presentation ❑ Full Presentation STUDY SESSION ACTION: N Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the consent agenda as presented. COUNCIL ACTION: ❑ Approve ❑ Deny Form Updated 01/07/15 ❑ Table ❑ Continue ❑ No Action City Council Reg. Mtg. Minutes Wednesday, October 18, 2017 Page 4 of 5 It was further explained that this amendment has a housekeeping item as well. It moves on - street paid parking from BMC Title 11 entitled "Streets and Right -of -Way" to BMC Title 10 entitled "Traffic," and re-establishes and updates current on -street paid parking zones. 10B — RESOLUTION NO. 3295 ADOPTING MANAGEMENT POLICES FOR THE RESTRICTED PARKING ZONE PROGRAM IN SECTION 10.10.040 OF THE BREMERTON MUNICIPAL CODE INCLUDING NEW COMMUTER AND PAID PARKING: Shannon Corin, City Clerk, continued that based on the findings and recommendations of the Parking Study, Administration is recommending a Commuter Parking Permit Program for on -street parking. The resolution sets the policies for administering this program. This program balances the needs of both residential and commuters, while giving preference to residential parking. It meets two Council goals: 1) Improve Intra -City Traffic Flow and Reduce Parking Congestion; and 2) Secure Funding for Local Streets and Sidewalk Improvements Comments and questions were provided by Dale Magneson; Del Knauss; Jaime Forsyth; Tom Applewhite; Barbara Conley; Daniel Conley; Angela Flesher, Marie Vila; John Flesher, Paul Olsen; Glenn Hodge; Jeff Shipman; Chris Day; Joseph Gilman; Maggie Williams; Pastor Clint Collins; Michael Goodnow; Sharon Adams; Marii Singleton; and Mary Campbell... Additional information was provided by Mayor Lent and Jeff Aran -go, BERK Consulting... 10C — ORDINANCE NO. 5336 AMENDING SECTION 3.50.050 OF THE BREMERTON MUNICIPAL CODE ENTITLED "PERSONS SUBJECT TO TAX — AMOUNT" RELATING TO THE ALLOCATION OF STORMWATER FEES OR TAXES COLLECTED FOR STREET IMPROVEMENTS: Chal Martin, Public Works & Utilities Director, and DeWayne Pitts, Financial Services Director, emphasized that the proposed ordinance amends Section 3.50.050 of the Bremerton Municipal Code entitled "Persons Subject to Tax —Amount" relating to the assessments of the utility taxes for water, wastewater, and stormwater utilities in order to allocate stormwater fees or taxes collected to the Transportation Capital Fund for the purpose of funding street improvements within the City. There were no comments or questions by members of the public... 08:02:32 Motion was made by Huddy, and seconded by McDonald ...Comments and questions were provided by Huddy, Daugs, Davis, Wheeler, Sullivan, McDonald, Wheeler, and Younger; with responses provided by Mayor Lent, Mr. Pitts; and Mr. Martin... 08:20:17 M/S/C (Huddy/McDonald) Move to pass Ordinance No. 5336 amending Section 3.50.050 of the Bremerton Municipal Code entitled "Persons Subject to Tax — Amount" relating to the utility taxes for stormwater utilities. Voted in favor of Motion: Huddy, Sullivan, McDonald, and Younger Voted opposed to Motion: Wheeler, Davis, Daugs Motion carried: 4 -Yes; 3 -No COUNCIL MEMBER REPORTS Richard Huddy provided his support for Harrison Hospital and its workers; viewed the live broadcast of the USS Washington Commissioning Ceremony; attended The Arbor Memory Care Facility's Ribbon Cutting Ceremony & Grand Opening; and acknowledged the Navy's 242nd Birthday. City Council Reg. Mtg. Minutes Wednesday, October 18, 2017 Page 5 of 5 Dino Davis welcomed volunteers at the next Forest Ridge Park Work Party on Saturday, October 21 beginning at 9:00 AM; reminded Council to provide support to Departments who are working very hard; and also challenged the Council to find new revenue to fund street projects. Greg Wheeler announced that volunteers are needed for the next Kiwanis Park Work Party on Saturday, October 28 from 9:00 to 11:00 AM. Jerry McDonald reported on the recent Town Hall Meeting that featured the Police Department's Bike Patrol. Leslie Daugs shared sentiments offered by Mr. Davis; encouraged the community to come to the Annual Senior Craft Fair on Friday and Saturday; announced that Kitsap Community Resources is hosting the Super Saturday Financial Resource Fair on Saturday, October 21 from 10:00 AM to 2:00 PM; announced that volunteers are needed for the Christmas Angels Program through Kitsap Community Resources; wished a Happy Birthday to Legislative Assistant Lori Smith; offered her support to Harrison Hospital workers; announced the 1St Annual Home Helpers Resource Fair on Saturday, October 21 from 9:00 to 5:00 PM at the Fil-Am Building; reminded people to turn in their ballots by November 7; encouraged people to be safe since it is now dark when school is letting out; and offered condolences to the family members and neighborhood residents in Port Orchard where four family members were killed is a recent fire Pat Sullivan announced that applications are available on the City's website through Monday, October 23 for a volunteer CPA needed to serve on the City's Audit Committee; and looked forward to upcoming Albers Vista Tours on October 21 and 28 from 10:00 AM to 12:00 PM. President Younger hoped to plan a community meeting soon where he looked forward to hearing ideas for a plan to address the algae blooms at Kitsap Lake. With no further business, President Younger adjourned the Council Meeting at 8:39 PM Prepared and Submitted by: CHRISTINE GRENIER Council Assistant APPROVED by the City Council on the 1 s'day of November, 2017. ERIC YOUNGER, City Council President ATTEST: SHANNON CORIN, City Clerk EY:SC:ls:cg SUBJECT: Minutes of Study Session — October 25, 2017 AGENDA BILL CITY OF BREMERTON CITY COUNCIL 6C Study Session Date COUNCIL MEETING Date Department Presenter Phone IMPT, 1, 2017 City Council Council President (360) 473-5280 SUMMARY: Attached is the summary of the City Council Study Session on October 25, 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, October 25, 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, October 25, 2017, at 5:00 PM, with Council President Eric Younger presiding. Council Members present were Richard Huddy, Dino Davis, Greg Wheeler, and Jerry McDonald. Council Members Pat Sullivan and Leslie Daugs were absent. Also present was Legislative Assistant Lori Smith. President Younger emphasized that the Study Session was open to the public but there would be no opportunities for input or participation except when deemed appropriate; and the content of these items is subject to change. It was further announced that the other items approved by the Council will be placed on the November 1, 2017 Council Meeting Agenda or as indicated. President Younger invited Wes Larson, Principal/CEO of the Sound West Group to provide a briefing on how the costs and benefits of the City's two available Multifamily Property Tax Exemption Program have been utilized; with additional information provided on a handout entitled "Future Value of Property Tax Improvements" and "Project Example — Seattle vs. Bremerton". A. LIMITED PRESENTATION PLANNED —The following items are budgeted items or subjects that have been raised with the appropriate Council Committee Members: 1. Confirm Reappointment of Joan Hanten to the Bremerton Housing Authority Board of Commissioners Consent Agenda 2. Confirm Reappointment of Will Maupin to the Bremerton Housing Authority Board of Commissioners Consent Agenda 3. Lease Agreement between the City of Bremerton and Connection Credit Union, Inc. Consent Agenda 4. Interlocal Agreement between the City of Bremerton and other local Fire Agencies for Technical Rescue Mutual Aid ConsentAgenda 5. Interlocal Agreement between the City of Bremerton and Kitsap County Administrative Services for Court Security Services ConsentAgenda 6. Acceptance of 2018 — 2019 Office of Public Defense Grant Consent Agenda 7. Contract Modification No. 2 to the Professional Services Agreement with CodePros, LLC for Supplemental Building Department Services ConsentAgenda B. BRIEFINGS & FULL PRESENTATIONS 1. Department of Economic Development Update— Jack Edwards, Department of Economic Development Manager Information Only 2. Resolution supporting Olympic Education Service District Inter -Agency School Safety & Security Plan General Business 3. Proposed Public Hearing and Ordinance to amend Chapter 3.78 of the Bremerton Municipal Code entitled "Multi -Family Property Tax Exemption" Amendments rejected by the Council... Item Cancelled City Council Study Session Minutes Wednesday, October 25, 2017 Page 2 of 2 C. GENERAL COUNCIL BUSINESS o Other General Council Business was discussed. President Younger announced a 15 -minute Executive Session starting at 6:35 PM; that was extended for 15 minutes for a total of 30 minutes; and concluded at 7:05 PM... D. EXECUTIVE SESSION 15 -Minutes to consider the Minimum Price of Real Estate under RCW 42.30.110(1)(c) Information Only; and 15 -Minutes to discuss Pending Litigation under RCW 42.30.110 (1)(i) With Action There were no comments from the public... 07:06:00 M/S/C/U (Wheeler/Davis) Move to approve Amendment to Settlement Agreement between the City of Bremerton, Kitsap County, and other parties to settle the lawsuit between the parties regarding the Settlement Agreement; and authorize the Mayor to execute the amendments. President Younger adjourned the Council Study Session at 7:07 PM. Prepared and Submitted by: LORI SMITH, Legislative Assistant APPROVED by the City Council on the 1 s'day of November, 2017. Eric Younger, Council President ATTEST: Shannon L. Corin, City Clerk EY: SC:ls:cg AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Confirm Reappointment of Joan Hanten to the Bremerton Housing Authority Board of Commissioners Study Session Date: COUNCIL MEETING Date: Department: Presenter: Phone: October 25, 2017 November 1, 2017 Executive Mayor Lent (360) 473-5266 SUMMARY: The Mayor is seeking confirmation of the reappointment of Joan Hanten to the Bremerton Housing Authority Board of Commissioners to another five year term. Her term expires on 11/27/17. Her new term will be 11/28/2017 and expire on 11/27/2022. ATTACHMENTS: Application to the Commission is available in the Mayor's Office. FISCAL IMPACTS (Include Budgeted Amount): None. STUDY SESSION AGENDA: 0 Limited Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑x Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to confirm the reappointment of Joan Hanten to the Bremerton Housing Authority Board of Commissioners with the term expiring November 27, 2022. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/07/15 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Confirm Reappointment of Will Maupin to the Bremerton Housing Authority Board of Commissioners Study Session Date: COUNCIL MEETING Date: Department: Presenter: Phone: 6E October 25, 2017 November 1, 2017 Executive Mayor Lent (360) 473-5266 SUMMARY: The Mayor is seeking confirmation of the reappointment of Will Maupin to the Bremerton Housing Authority Board of Commissioners to another five year term. His term expires on 12/31/17. His new term will be 1/1/18 and expire on 12/31/2022. ATTACHMENTS: Application to the Commission is available in the Mayor's Office. FISCAL IMPACTS (Include Budgeted Amount): None. STUDY SESSION AGENDA: 0 Limited Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑x Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to confirm the reappointment of Will Maupin to the Bremerton Housing Authority Board of Commissioners with the term expiring December 31, 2022. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/07/15 AGENDA BILL CITY OF BREMERTON CITY COUNCIL 6F SUBJECT: Lease Agreement between Study Session Date: October 25, 2017 the City of Bremerton and Connection COUNCIL MEETING Date: November 1, 2017 Credit Union, Inc. Department: Fire Presenter: David Schmitt, Fire Chief Phone: (360) 473-5381 SUMMARY: Connection Credit Union has established its presence in downtown Bremerton at Fire Station #1. The original Credit Union lease was established in 2011 and was renewed in 2012 with a 2 year term, and again renewed in 2014 with a 3 year term. This lease agreement will continue with a 3 year term and same conditions. The monthly rent was increased by 4%. ATTACHMENTS: Lease agreement between the City of Bremerton and Connection Credit Union FISCAL IMPACTS (Include Budgeted Amount): This agreement will generate $4,864.33 of revenue plus Lease Hold Excise Tax. STUDY SESSION AGENDA: 0 Limited Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑x Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to authorize the Mayor to finalize and execute the Lease Agreement with Connection Credit Union, Inc. with substantially the same terms and conditions as presented. COUNCIL ACTION: ❑ Approve Form Updated 01/07/15 ❑ Deny ❑ Table ❑ Continue ❑ No Action LEASE This Lease Agreement is entered into this day of , 2017, between THE CITY OF BREMERTON, a municipal corporation (hereinafter referred to as "Lessor"), and CONNECTION CREDIT UNION, INC., a not for profit corporation (hereinafter referred to as "Lessee"). WHEREAS, Lessor and Lessee desire to enter into a Lease Agreement on September 1, 2017 ("Lease"), for certain real property, building and improvements identified herein; and NOW, THEREFORE, for valuable consideration and by mutual consent of the parties, present this Lease as follows: 1. PREMISES. Lessor does, by these presence, owns a building and appurtenances ("Improvements") situated upon real property commonly known as the Bremerton Fire Station No. l located at 911 Park Avenue, Bremerton, Washington, and more particularly set forth in Exhibit "A" attached hereto and incorporated by reference (hereinafter collectively the "Premises"). The existing building consists of approximately 12,500 square feet of floor area. The proposed use to the existing building will consist of approximately 72 square feet of floor area. In addition, Lessee may schedule access to and use of common areas of the property such as kitchen area, conference room and training room identified on Exhibit "A." 2. TERM. This Lease shall commence on September 1, 2017 ("Commencement Date"), and shall end on August 31, 2020, unless otherwise extended or terminated. Either party may terminate this Lease at any time with sixty (60) days prior written notice. 3. CONSIDERATION. (a) Rent. In addition to other considerations of this Lease, Lessee agrees to pay Lessor, without notice or demand, the sum of Four Hundred Five and 36/100 dollars ($405.36) per month ("Rent") which is inclusive of utility costs, in advance, on or before the first day of the first full calendar month of the term hereof and a like sum on or before the first day of each and every successive calendar month thereafter during the term hereof. Effective September 1, 2018, and September 1, 2019, the Lease will be increased based upon 100% of the Seattle/Tacoma/Bremerton CPI -W. In addition Lessee is responsible for paying leasehold excise tax as set forth in Subsection (b) below. (b) Leasehold Excise Tax. In addition to the Rent, Lessee shall pay a leasehold excise tax, pursuant to RCW 82.29A.030, currently in the amount of 12.84 percent of the base Rent and as may be adjusted pursuant to Chapter 82.29A RCW. Lessee shall pay the Leasehold tax with the monthly payment. 1 Connection Credit Union (b) Overdue Rent. Unpaid installments of the monthly Rent or other sums due hereunder shall, if not timely paid, be subject to a late charge of Fifty and 00/100 dollars ($50.00) to cover the excess costs of administration and shall bear interest from the date due of 12 percent (12%) until all Rent and interest have been paid in full. Lessee hereby further agrees to pay any attorneys' fees and expenses incurred by Lessor by reason of Lessee's failure to pay monthly Rent or other charges when due hereunder. (c) Holding Over. If Lessee remains in possession of the Premises or any part thereof after the expiration of the term of this Lease without the express written consent of Lessor, such occupancy shall be a tenancy from month-to-month at a rate in the amount of 120 percent (120%) of the last monthly Rent, plus all other applicable charges and additional rent payable hereunder, and upon all the terms hereof applicable to a month-to-month tenancy. 4. USE OF PREMISES. Lessee's use and occupancy of the Premises shall be for an office or for banking purposes, as well as use of the Premises needed to conduct the Lessee's corporate activities. No other use shall be allowed without the express written consent of the Lessor. Lessee shall have access to the parking lot of the property for its employees and members usage as identified on Exhibit "A." Lessee shall not use said Premises or any part thereof for any illegal purpose. Lessee agrees to conform to municipal, county, and state codes, statutes, ordinances, and regulations concerning the use and occupation of said Premises. Lessee shall maintain the Premises in substantial conformance with all applicable provisions of municipal, county, and state codes, statutes, ordinances, and regulations governing maintenance or operation of such Premises. Lessee shall, at its sole cost, promptly comply with all such laws and governmental rules. Lessee shall not commit or allow to be committed any hazardous waste in or upon the Premises. At the expiration of the Lease, Lessee shall: (i) Remove all trade fixtures and personal property from the Premises; (ii) Remove all fixtures, additions, alterations, modifications or other improvements installed in or made to the Premises after commencement of the term by, through, at the request of or on behalf of Lessee and restore the Premises as they existed immediately prior to the making of improvements so removed; provided that Lessee shall not be required to so remove any improvements for which Lessor agreed in writing prior to the time said improvements were installed, that they would not need to be removed at the end of the term; and (iii) Surrender the Premises to Lessor in as good condition and state of repair as Lessor is required to keep and maintain them pursuant to the Lease, reasonable wear and tear expected. If Lessee fails to remove any Improvements or restore the Premises pursuant to (b) of 2 Connection Credit Union this Paragraph 4, within fifteen (15) days after receipt of written notice from Lessor, Lessor may, at Lessee sole risk and expense, perform such removal or restoration (by contract or otherwise) by the most expeditious means available to Lessor. Lessee shall reimburse Lessor for costs and expenses incurred by Lessor to accomplish such removal and restoration. Further, if Lessee fails to remove all personal property from the premises upon the expiration of the term, Lessor by remove and store such property in any place selected by Lessor at the sole risk and expense of the Lessee. ACKNOWLEDGEMENT OF LESSEE REGARDING USE OF PREMISES: Lessee agrees and understands that the premises subject to this Lease is a public facility used for emergency response purposes. As such, the Lessee acknowledges that any and all disturbances, including noise, smell, etc. created or as a consequence of the City of Bremerton Fire Department's use of the premises will not affect the Lessee's quiet enjoyment of the premises. 5. UTILITIES. Lessor agrees to provide and pay all charges for heat, electricity, gas, water, sewer and for all other utilities which shall be used in the Premises during the full term of this Lease; provided, however, that Lessor shall not be responsible for failure of provision of these services if due to causes beyond its control and provided, further, that Lessor shall pay for any such charges as Lessor, in its reasonable discretion, may determine are the consequence of special equipment employed by or special requirements of Lessor. 6. ALTERATIONS AND ADDITIONS. Lessee shall not make or allow to be made any alterations, improvements, or changes to or of the Premises or any party thereof without the prior written consent of Lessor. With respect to such alterations, improvements or changes to the Premises requested by Lessee, Lessor's consent shall not be unreasonably withheld. In the event Lessor consents to the making of any alterations, additions, or improvements to the Premises by Lessee, the same shall be made by Lessee at Lessee's sole cost and expense, the Premises and Lessee's leasehold interest therein shall remain free from any lien of any kind whatsoever, and construction of such alterations, additions or improvements shall be done in compliance with all laws and governmental requirements. 7. MAINTENANCE AND REPAIRS. (a) Lessee's Obligations. By taking possession of the Premises, Lessee shall be deemed to have accepted the Premises as being clean and in good order, condition, and repair. Lessee shall, at Lessee's expense, keep the Premises and every part thereof in good condition and repair (except as hereinafter provided with respect to Lessor obligations set forth in paragraph 7(b) below). Lessee shall, upon the expiration or sooner termination of this Lease, surrender the Premises to Lessor in good condition, clean, excepting only ordinary wear and tear and destruction or damage by such conditions over which Lessee has no control, or such damage as may be due to the failure of Lessor to comply with any covenant herein contained to be performed by Lessor. Damage caused by Lessee's use of the Premises shall be repaired at the sole cost and expense of Lessee. 3 Connection Credit Union (b) Lessor Obligations. Lessor shall, at Lessor's expense, repair and maintain the structural portions of the building, including the roof, foundation, bearing and exterior beams and supports, flooring and subflooring, plumbing, pipes, electrical wiring and conduits within and serving the premises. There shall be no abatement of Rent and no liability of Lessor by reason of any injury to or interference with Lessee's business arising from the making of any repairs, alterations, or improvements in or to any portion of the building or the Premises or in or to fixtures, appurtenances, and equipment if Lessor shall have taken every reasonable measure to avoid any such injury and interference. 8. LIENS. Lessee shall keep the Premises, Lessee's leasehold interest therein and the building and land on which the Premises are situated free from any liens arising out of any work performed, materials furnished, or obligations incurred by Lessee. 9. INDEMNIFICATION. Lessee shall indemnify, defend and hold Lessor harmless from all loss damage, liability or expense resulting from any injury to any person or any loss of or damage to any property caused by or resulting from any act or omission of Lessee or any officer, agent, employee, guest, invitee or visitor of Lessee in or about the Premises or the building, but the foregoing provision shall not be construed to make Lessee responsible for injuries to third parties caused by the negligence of Lessor or any officer, agent, employee, guest, invitee or visitor of Lessor. Lessor shall not be liable for any loss or damage to person or property sustained by Lessee, or other persons, which may be caused by theft or any act of neglect of any Lessee or occupant of the building, or of any other person, or by any other cause, unless caused by the negligence of Lessor or its officers, licensees, agents, employees, guests, invitees or visitors. 10. LIABILITY INSURANCE. Lessee, at its own expense, shall provide and keep in force with companies acceptable to Lessor comprehensive general liability insurance in the amount of not less than One Million and 00/100 dollars ($1,000,000.00) per occurrence for bodily injury and property damage. Lessee shall furnish Lessor with a certificate of such policy within thirty (30) days of the Commencement Date of this Lease and whenever required shall satisfy Lessor that such policy is in full force and effect. Such policy shall name Lessor as an additional insured and shall be primary and noncontributing with any insurance carried by Lessor. The policy shall contain a waiver of subrogation against the City for claims arising out of any operations, liabilities and obligations to which coverage applies. The policy shall further provide that it shall not be canceled or altered without twenty (20) days prior written notice to Lessor. 11. PERSONAL PROPERTY. Where furnished by or at the expense of Lessee, all movable property, furniture, furnishings and trade fixtures, other than those affixed to the Premises so that they cannot be removed without material damage, shall remain the property of and be removable by Lessee, and in case of damage by reason of such removal, Lessee shall restore the Premises, building or common areas to good order and condition. Lessee shall pay or cause to be 4 Connection Credit Union paid before delinquency any and all taxes levied or assessed and which become payable during the term hereof upon all Lessee's Improvements, equipment, furniture, fixtures, and other personal property located in the Premises. 12. ASSIGNMENT AND SUBLETTING. Lessee shall not either voluntarily or by operation of law assign, transfer, mortgage, pledge hypothecate, or encumber this Lease or any interest therein and shall not sublet the Premises or any part thereof or any right or privilege thereto or allow any person (the employees, agents, servants, and invitees of Lessee excepted) to occupy or use the Premises or any portion thereof, without the prior written consent of Lessor. Any such assignment or subletting without compliance with the terms of this paragraph shall be void and shall, at the option of Lessor, constitute a default under the terms of this Lease. If Lessee is a corporation, any transfer of this Lease from Lessee by merger, consolidation, or liquidation or any change in the ownership or power to vote in the majority of the outstanding voting stock of Lessee shall constitute an assignment for purposes of this paragraph. Lessor's consent to one assignment, subletting, occupation, or use by any other person shall not be deemed to be a consent to any subsequent assignment, subletting, occupation, or use by another person. Consent to any such assignment or subletting shall in no way relieve Lessee of any liability under this Lease. Lessor may assign the Rent herein provided to any person, partnership, corporation, or bank, and Lessee agrees when notified in writing by the assignee of such assignment to make the Rent payments to assignee under the terms of said assignment. 13. LESSEE'S DEFAULT. The occurrence of any one or more of the following events shall constitute a default and breach of this Lease by Lessee. (a) Abandonment. Lessee vacates or abandons the Premises; (b) Failure to Pay Lease Payment. Lessee fails to make any payment of the Rent or any other payment required to be made by Lessee hereunder, as and when due; (c) Failure to Observe Other Covenants. Lessee fails to observe or perform any of the covenants, conditions, or provisions of this Lease to be observed or performed by Lessee where such failure shall continue for a period of thirty (30) days after written notice thereof by Lessor to Lessee; provided, however, that if the nature of Lessee's default is such that more than thirty (30) days are reasonably required for such cure, then Lessee shall not be deemed to be in default if Lessee commences such cure within said thirty (30) days and thereafter, diligently prosecutes such cure to completion; (d) Misrepresentation. Lessee makes or has made or furnishes or has furnished any warranty, representation or statement to Lessor in connection with this Lease, or any other agreement to which Lessee and Lessor are parties, which is or was false or misleading in any material respect when made or furnished; or 5 Connection Credit Union (e) Insolvency. Lessee shall become insolvent or go into bankruptcy. 14. REMEDIES ON DEFAULT. (a) Termination and Entry. In the event of any default or breach by Lessee, Lessor may, at any time thereafter with or without notice or demand in the exercise of a right or remedy which Lessor may have be reason of such default or breach, terminate this Lease by written notice to Lessee, reenter and take possession of the Premises without termination of this Lease, or pursue any remedy allowed by law. Lessee agrees to pay Lessor the cost of recovering possession of the Premises, the expense of reletting, and any other costs or damages arising out of Lessee's default including, without limitation, the costs of removing persons and property from the Premises, the costs of repairing or altering the Premises for reletting, brokers' commissions, and legal expenses and fees. Notwithstanding any termination, reentry, or reletting, the liability of Lessee for the Rent and additional Rent for the balance of the term of this Lease shall not be extinguished and Lessee shall pay and Lessor may recover from Lessee at the time of termination, reentry, or reletting, the excess, if any, of the amount of the Rent reserved in this Lease for the balance of the term hereof over the then reasonable lease value of the Premises for the same period. Reasonable rental value shall mean the amount of rental which Lessor does or could reasonably be expected to obtain as Rent for the remaining balance of the Lease term. In the event that Lessor relets the Premises or any part thereof without first terminating Lessee's right to possession pursuant to this Lease, Lessor reserves the right, at any time thereafter, to elect to terminate Lessee's right to possession to that portion of the Premises for the default that originally resulted in the reletting. (b) Removal of Personal Property. In the event of a retaking of possession of the Premises by Lessor, Lessee shall remove all personal property located thereon and upon failure to do so upon demand of Lessor, Lessor may remove and store the same in any place selected by Lessor, including but not limited to a public warehouse, at the expense and risk of Lessee. If Lessee shall fail to pay the cost of storing any such property after it has been stored for a period of thirty (30) days or more, Lessor may sell any or all of such property at a public or private sale and shall apply the proceeds of such sale first to the cost of such sale, secondly to the payment of the charges for storage, if any, and thirdly to the payment of any other sums of money which may be due from Lessee to Lessor under the terms of this Lease, and the balance, if any, to Lessee. Lessee hereby waives all claims for damages that may be caused by Lessor's lawfully reentering and taking possession of the Premises or lawfully removing and storing the property of Lessee as herein provided and will save Lessor harmless from loss or damages occasioned by Lessor thereby, whether such lawful reentry shall be considered or construed to be a forcible entry. (c) Remedies Cumulative. The remedies hereinafter described shall be cumulative and Lessor shall be entitled to pursue any other remedy now or hereafter available to Lessor under the law or judicial decisions of the State of Washington. 6 Connection Credit Union 15. LESSOR'S DEFAULT. Lessor defaults if it fails to observe or perform any of the covenants, conditions, or provisions of this Lease to be observed or performed by Lessor, where such failure shall continue for a period of thirty (30) days after written notice thereof by Lessee to Lessor; provided, however, that if the nature of Lessor's default is such that more than thirty (30) days are reasonably required for such cure, then Lessor shall not be deemed to be in default if Lessor commences such cure within said thirty (30) days and thereafter, diligently pursues such cure to completion. In the event Lessor fails to cure such default, Lessee may, at any time thereafter, terminate this Lease by written notice to Lessor. Lessee may also seek any other remedy provided by law. 16. HAZARDOUS SUBSTANCES. Lessee shall not generate, release, spill, store, deposit, transport, or dispose of (collectively "Release") any hazardous substances, sewage, petroleum products, hydrocarbons, radioactive substances, medicinal, bacteriological, or disease - producing substances, hazardous materials, toxic substances or any pollutants or substances defined as hazardous or toxic in accordance with applicable federal, state, and local laws and regulations ("Hazardous Substances") in, on or about the Premises. Lessee shall indemnify, defend and hold Lessor harmless from any and all claims, liabilities, losses, damages, cleanup costs, response costs, and expenses (including reasonable attorneys' fees) arising out of or in any way related to the Release by Lessee, or any of its agents, representatives, or employees, or the presence of such Hazardous Substances in, on or about the Premises occurring at any time after the Commencement Date and arising out of the activities of Lessee, or any of its agents, representatives or employees. The provisions of this paragraph shall survive termination or expiration of this Lease. 17. GENERAL PROVISIONS. Lessor and Lessee agree to the following general provisions: (a) Waiver. No waiver of default by either party of any of the terms, covenants and conditions hereof to be performed, kept and observed by the other party shall be construed as, or operate as, a waiver of any subsequent default of any of the terms, covenants and conditions herein contained, to be performed, kept and observed by the other party. The subsequent acceptance of Rent hereunder by Lessor shall not be deemed to be a waiver of any preceding default by Lessee of any term, covenant, or condition of this Lease other than the failure of Lessee to pay the particular rental so accepted, regardless of Lessor's knowledge of such preceding default at the time of the acceptance of such Rent. (b) Time. Time is of the essence of this Lease and each and all of its provisions in which performance is a factor. (c) Paragraph Headings. The paragraph or section headings of this Lease are not a part of this Lease and shall have no effect upon the construction or interpretation of any part hereof. 7 Connection Credit Union (d) Successors and Assigns. The covenants and conditions herein contained, subject to the provisions as to assignment, apply to bind the heirs, successors, executors, administrators, and assigns of the parties hereto. (e) Recordation. Neither Lessor nor Lessee shall record this Lease, but a short form memorandum hereof may be recorded at the request of Lessor. (f) Quiet Possession. Upon Lessee paying the Lease Payment reserved hereunder and performing all of the covenants, conditions, and provisions on Lessee's part to be observed and performed hereunder, Lessee shall have quiet possession of the Premises for the entire term hereof, subject to all the provisions of this Lease. The Premises are leased subject to any and all existing encumbrances, conditions, rights, covenants, easements, restrictions, rights-of-way, and any matters of record, applicable zoning and building laws, and such matters as may be disclosed by inspection or survey. (g) Prior Agreements. This Lease contains all of the agreements of the parties hereto with respect to any matter covered or mentioned in this Lease and no prior agreements or understandings pertaining to any such matters shall be effective for any purpose. No provision of this Lease may be amended or added to except by agreement in writing signed by the parties hereto or their respective successors in interest. This Lease shall not be effective or binding upon any party until fully executed by both parties hereto. (h) Inability to Perform. The time period within which any party is to fulfill an obligation of such the party under this Lease shall be extended by such time period that any party is unable to fulfill any of its obligations hereunder or is delayed in doing so, if such inability or delay is caused by reason of strike, labor troubles, acts of God, or any other cause beyond the reasonable control of such party. (i) Severability. Any provisions of this Lease which shall prove to be invalid, void, or illegal shall in no way affect, impair, or invalidate any other provision hereof and such other provision shall remain in full force and effect. (j) Cumulative Remedies. No remedy or election hereunder shall be deemed exclusive but shall whenever possible be cumulative with all other remedies at law or in equity. (k) Choice of Law. This Lease shall be construed under all of the applicable laws, statutes, ordinances, rules and regulations of the United States, the State of Washington, County of Kitsap, and the City of Bremerton. In the case of a dispute between the parties, venue over such dispute shall be with the Superior Court of Kitsap County, Washington. (1) Execution. This Lease may be executed in several counterparts, each of which shall be deemed an original instrument. 8 Connection Credit Union (m) Notices. All notices to be given hereunder shall be in writing and shall be personally delivered and receipt acknowledged, sent by United States certified mail, return receipt requested, sent by facsimile, with original delivered within three (3) days, or sent by overnight delivery through public or private service, delivery charge prepaid, and addressed to the party at the respective mailing address as herein set forth. To Lessor: Fire Chief City of Bremerton 911 Park Avenue Bremerton, WA 98337 To Lessee: Connection Credit Union. P.O. Box 3990 Silverdale, WA 98383 It is understood that each parry may change the address to which notice may be sent by giving a written notice of such change to the other party hereto in the manner herein provided. (n) Lessee's Corporate Authority. Lessee is a Washington corporation, and each individual executing this Lease on behalf of said corporation represents and warrants that he or she is duly authorized to execute and deliver this Lease on behalf of said corporation, in accordance with a duly adopted resolution of the board of directors of said corporation or in accordance with the bylaws of said corporation, and that this Lease is binding upon said corporation in accordance with its terms. Lessee further represents and warrants that it is fully registered and qualified to do business in the State of Washington. IN WITNESS WHEREOF, the parties hereto have executed this Lease the day and year first above written. LESSOR CITY OF BREMERTON LESSEE CONNECTION CREDIT UNION By: Patty Lent By: Its: Mayor Its: (Notary Acknowledgements on next page) 9 Connection Credit Union STATE OF WASHINGTON ) ) ss. COUNTY OF KITSAP ) I certify that I know or have satisfactory evidence that Patty Lent is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument, and acknowledged it as the Mayor of the City of Bremerton to be the free and voluntary act of such City for the uses and purposes mentioned in the instrument. DATED: NOTARY PUBLIC in and for the State of Washington, residing at My commission expires STATE OF WASHINGTON ) ) ss. COUNTY OF KITSAP ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument, and acknowledged it as the of Connection Credit Union to be the free and voluntary act of such Corporation for the uses and purposes mentioned in the instrument. DATED: NOTARY PUBLIC in and for the State of Washington, residing at My commission expires 10 Connection Credit Union 1 0 --IF 'F Fw7l'F--751r �II 11 R:\Legal\Legal\ContractsTIRE\Lease-Connection Credit Union 2017 - FINAL 10.04.2017.doc 11 Connection Credit Union AGENDA BILL 6 G CITY OF BREMERTON CITY COUNCIL SUBJECT: Interlocal Agreement for Study Session Date: October 25, 2017 Technical Rescue Mutual Aid between the COUNCIL MEETING Date: November 1, 2017 City of Bremerton and other local Fire Department: Fire Agencies Presenter: David Schmitt, Fire Chief Phone: (360) 473-5381 SUMMARY: This Agreement seeks to provide each Member Agency the benefit of mutual and automatic aid from the other Member Agencies in responding to incidents that require technical rescue skills to the end that each Member Agency's citizens may be provided with combined Member Agency expertise in such matters. ATTACHMENTS: Interlocal Agreement FISCAL IMPACTS (Include Budgeted Amount): The annual maintenance fee is $2,500.00. STUDY SESSION AGENDA: ❑x Limited Presentation ❑ Full Presentation STUDY SESSION ACTION: 0 Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the Technical Rescue Mutual Aid Interlocal Agreement between the City of Bremerton and other local Fire agencies; 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 TECHNICAL RESCUE MUTUAL AID INTERLOCAL AGREEMENT Summary for Recorder's Use (RCW 65.04.045): 1. Reference Number of documents being assigned or released: Not Applicable. 2. Grantors: 1. Bremerton Fire Department; 2. North Kitsap Fire & Rescue; 3. Central Kitsap Fire & Rescue; 4. South Kitsap Fire & Rescue; 5. Bainbridge Island Fire Department; 6. Poulsbo Fire Department; 3. Grantees: 1. Bremerton Fire Department, 2. North Kitsap Fire & Rescue; 3. Central Kitsap Fire & Rescue; 4. South Kitsap Fire & Rescue; 5. Bainbridge Island Fire Department; 6. Poulsbo Fire Department; 7. Navy Region Northwest; 8. The Public. 4. Summary Legal Description: Not Applicable. 5. Assessor's Property Tax Parcel Account Number(s): Not Applicable. THIS INTERLOCAL AGREEMENT ("Agreement") is entered into as of the day of , 2017, among the following governmental entities, acting pursuant to the authority provided by Washington State's Interlocal Cooperative Act, Chapter 39.34 RCW: the City of Bremerton Fire Department; North Kitsap Fire and Rescue; Central Kitsap Fire and Rescue; South Kitsap Fire and Rescue; Bainbridge Island Fire Department; Poulsbo Fire District 18; (hereinafter also generically referred to collectively as "Fire Departments" or "Member Agencies", and singularly as "Fire Department" or "Member Agency"). Each Member Agency named herein constitutes a Washington State municipal corporation. All Member Agencies are "Public Agencies" as defined in RCW 39.34.020(1). Washington State's Interlocal Cooperative Act encourages local government units to enter into agreements with one another on a basis of mutual advantage in order to make the most efficient use of their resources for the benefit of their respective citizens. 032510 TECHNICAL RESCUE MUTUAL AID INTERLOCAL AGREEMENT Page I of 14 This Agreement seeks to provide each Member Agency the benefits of mutual and automatic aid from the other Member Agencies in responding to incidents that require technical rescue skills to the end that each Member Agency's citizens may be provided with combined Member Agency expertise in such matters. NOW, THEREFORE, in consideration of the foregoing recitals, and the promises and covenants of the Member Agencies, they agree as follows: Purpose. The purpose of this Agreement is to provide a means for the Member Agencies, under certain circumstances, to collaborate and combine their technical rescue resources mutually and reciprocally in the form of personnel and equipment to respond to incidents within a Member Agency's service area that involve rescues requiring technical skills, such as: trench rescue; confined space rescue; rope rescue; structural collapse rescue; and other rescue situations, for which personnel have been specially trained. Nothing in this Agreement is intended to override or replace in any fashion the power and authority of the Kitsap County Sheriffs Office with respect to search and rescue activities described in RCW 38.52.400. Similarly, the Member Agencies recognize the authority of the Kitsap County Sheriffs Office with respect to water rescue and the regulation of watercraft. 2. Technical Rescue Personnel. Technical rescue personnel are defined as those individuals assigned by Member Agencies to train and respond, as part of a consolidated response effort, to rescue incidents identified herein within the Member Agency service areas. 3. Lead Atiency. Central Kitsap Fire & Rescue ("CKFR") shall serve as the Lead Agency in administering this Agreement. It shall assess an annual maintenance fee (which fee shall be determined yearly by the KCFCA Executive Board as hereinafter set forth) equally among the Member Agencies to pay for all costs incurred in implementing this Agreement, including but not limited to expenses covering joint training exercises, materials, supplies, and equipment used by the rescue team(s). It shall maintain these funds in segregated 'Technical Rescue Mutual Aid Account" and shall maintain an itemized accounting of all monies deposited into this account and all monies paid from it. The Lead Agency agrees not to charge an administrative fee and shall retain the right to bill for incurred cost for the services it provides under this Agreement. CKFR may be replaced as the Lead Agency by the KCFCA Executive Board as hereinafter set forth. 4. Effectiveness / Termination. This Agreement shall be effective when fully executed by all Member Agencies who are listed as signatory hereto and upon its filing with the Kitsap County Auditor as provided in RCW 39.34.040, and shall remain in effect on a year-to-year basis until terminated by the mutual written consent of all 032510 TECHNICAL RESCUE MUTUAL AID INTERLOCAL AGREEMENT Page 2 of 14 Member Agencies. If a Member Agency or Agencies terminates its/their participation hereunder, nevertheless, this Agreement shall remain in effect as to those remaining Member Agencies. 5. Termination of a Member Agency's Participation. A Member Agency may tenninate its participation under this Agreement by first providing 30 days advance written notice to the Lead Agency of its intent to terminate its participation hereunder as of a date certain set forth in its notice, which date certain shall be the last day of a calendar month. Provided, however, before a Member Agency may tenninate its participation hereunder, it must first pay all its obligations due hereunder to the date of termination. If a Member Agency terminates its participation prior to the end of a calendar year, that portion of its maintenance fee paid for that year that has not yet been utilized to pay expenses in the implementation of this Agreement, as determined by the Lead Agency, shall be returned to it within 60 days of its termination date. 6. Operational Guidance — Kitsap County Operations Chiefs. A. Operations Board /_Duties. The Kitsap County Operations Chiefs, a Division of the Kitsap County Fire Chiefs Association ("KCFCA"), shall serve as an Operations Board, responsible for operational guidance and issues involved in the implementation of this Agreement. B. Meetings. The Operations Board shall meet at those times as it shall determine so the terms of this Agreement may be effectively implemented. C. Duties / Admittance of New Member Agencies / Member Agency Support. The Operations Board shall review, make changes to as deemed necessary, and approve, the annual budget presented to it by the Lead Agency. The Operations Board may also establish (and disband) committees, as it deems appropriate from time to time, and provide any other guidance to the Lead Agency and/or Member Agencies reasonably required to adequately administer and implement this Agreement, including the ability to allow additional governmental entities to become a Member Agency to this Agreement upon its agreeing to all terms hereof. Any governmental agency admitted as a new Member Agency hereunder shall sign an agreement under which it agrees to be bound by all terms of this Agreement. Admittance of the governmental agency as a Member Agency hereunder shall then occur when the Operations Board approves the same. Each Member Agency shall provide ongoing support to the goals of this Agreement by providing knowledgeable representatives to attend scheduled committee meetings and perform assigned committee work in a timely fashion. 032510 TECHNICAL RESCUE MUTUAL AID INTERLOCAL AGREEMENT Page 3 of 14 7. Responsibility for Day -to -Day Operations J Policy Board. This agreement does not establish a separate legal entity. The Lead Agency shall be the administrative authority charged with managing the day-to-day operations conducted pursuant to this Agreement. The KCFCA Executive Board shall serve as Policy Board under this Agreement. The Policy Board shall be responsible for formulating goals, policy, procedures, establishing annual budgets, and acquiring, holding, and disposing of any real or personal property purchased to implement this Agreement. In performing its duties hereunder, the Policy Board shall meet at least annually, and more frequently as it shall determine. The Policy Board shall determine the annual maintenance fee charged to each Member Agency. 8. Agency Dues and Maintenance. Each Member Agency agrees to remit its annual maintenance fee to the Lead Agency within sixty (60) days after receipt of such billing. Initially the annual maintenance fee charged to each Member Agency shall be $2,500.00, and shall be due during the second quarter of each year. The Policy Board, with cause, shall also have the right at any time to replace CKFR as the Lead Agency with another Member Agency who shall then assume the duties placed upon the Lead Agency hereunder. 9. Governing Authority. The Agreement seeks to set forth the authority of the three entities in charge of providing guidance, administration, and decisions under this Agreement, to wit: the Kitsap County Fire Chiefs Executive Board ("Policy Board"); the Kitsap County Operations Chiefs; and the Lead Agency. In the event a dispute shall ever arise as to which of these three entities is answerable to whom, or what authority one of them possesses, all said disputes shall be resolved by the Kitsap County Fire Chiefs Executive Board ("Policy Board"). 10. Member Agency Duties. On a continual basis, each Member Agency agrees to provide a minimum of three personnel qualified to, or who will become qualified to, the technician level in the rescue disciplines of trench rescue, rope rescue, confined space rescue, and structural collapse rescue. At a minimum, all qualifications shall be based on, and maintained, in accordance with NFPA 1006 entitled, "Rescue Technician Professional Qualifications" (most current edition). Agencies that do not maintain the minimum of three qualified and participating members will be invoiced for team responses. 11. Standard Delivery of Services. Upon request being made by a representative of a Member Agency ("requesting Member Agency") for any of the resources identified in section 1 hereof from another Member Agency ("responding Member Agency"), resources will be dispatched from the responding Member Agency in accordance with the request, subject however to the response limitations set forth herein, to that location within the requesting Member Agency's service area as requested. 032510 TECHNICAL RESCUE MUTUAL AID INTERLOCAL AGREEMENT Page 4 of 14 12. Responding Agency Dispatch Conditions. The dispatch of equipment and personnel by a responding Member Agency shall be subject to the following conditions: A. Rendering of Aid Not Mandatory. The rendering of assistance under this Agreement shall not be mandatory, but the Member Agency receiving a request to respond shall inform the requesting Member Agency as soon as reasonably possible, if for any reason the requested assistance will not be provided. The officer in charge of a responding Member Agency shall have the right to determine the ability and priority of providing assistance under this Agreement should his/her Fire Department already be committed to an emergency within its service area requiring the said resources and/or personnel requested by the requesting Member Agency. B. Information Accompanying Request / Use of ICS. Any request for aid hereunder shall include a statement of the amount and type of equipment and personnel sought, and shall specify the location where the equipment and personnel are to be dispatched. Provided, however, under all circumstances, the amount and type of equipment, and the number and type of personnel to be furnished, shall be determined by the responding Member Agency's representative. Each Member Agency shall use the Incident Command System ("ICS") for all mutual and automatic responses, and shall establish and maintain dispatch run cards personal to that Member Agency at Kitsap 911 to reflect the response obligations established in this Agreement. C. Reporting Requirements at Incident. The responding Member Agency shall report to the officer in charge of the requesting Member Agency at the location where the equipment and personnel are dispatched, and shall be subject to the orders of that official. Provided, however, the officer in charge of a responding Member Agency may, in the exercise of his/her best judgment and discretion, refuse to commit personnel, equipment, or both, to a position or task that he/she determines possesses the reasonable potential to unreasonably imperil his/her Fire Department's personnel and/or equipment. D. Requesting Agency Incident Release. A responding Member Agency shall be released by the requesting Member Agency when: its services are no longer reasonably required; or when the responding Member Agency must respond into its own service area. 032510 TECHNICAL RESCUE MUTUAL AID INTERLOCAL AGREEMENT Page 5of14 E. Patient Transport Rates. Emergency medical patients requiring transport to a medical facility for continued medical care shall be billed for the transport services provided, by the Member Agency providing the transport, at the established rate of such transporting Member Agency. 13. State or Federal Mobilization. The Kitsap County Technical Rescue Team may be requested to deploy on a State or Federal incident. a. The Team will deploy only if each of the responding members' respective Fire Chief or designee approves the response. b. Member agencies may seek reimbursement for mobilization hours from the appropriate State and Federal entities for wages, backfill, and/or apparatus from their own agency. c. Agencies' employees will maintain and provide upon return, the official documentation required by state or federal agencies in order to apply for the reimbursement of expenditures for mobilization. d. Equipment reimbursements applicable to the Team will go back into the Team account for repair, replacement, or replenishment of utilized equipment and/or materials. 14. Technical Rescue Services Provided to Non -Member Agencies. Once this Agreement is in effect, and the Member Agencies are providing technical rescue response to one another, they may begin providing technical rescue services to non- member municipal agencies. Provided, however, such services shall only be provided, and technical rescue personnel deployed, to such municipal agencies having an agreement in effect with the Lead Agency for such services, except as hereinafter permitted. Non-member municipal agencies shall be charged reasonable fees and charges in accordance with the most current schedule of charges adopted by the Washington Fire Chiefs Association for such rescue services. All funds received for services rendered to non-member agencies shall be paid to the Member Agency(s) performing the said services. Each Member Agency shall determine its willingness and level of commitment to make its equipment and personnel available to a non-member municipal agency. Each Member Agency also reserves the right to enter into a separate technical rescue agreement with a non-member agency so long as its services provided to such non- member agency do not take precedence over the exchange of services and equipment among Member Agencies provided herein. 15. Indemnification, Limitation of Liability, and Insurance. Each Member Agency shall, at all times, be solely and exclusively responsible for the acts or failure to act of its personnel that occur or arise in any way out of the performance of this 032510 TECHNICAL RESCUE MUTUAL AID INTERLOCAL AGREEMENT Page b of 14 Agreement. Each Member Agency's personnel shall be under the employment of its Fire Department for purposes of any injury, loss, claim, damage or liability arising out of or related to this Agreement. Each Member Agency further agrees to hold harmless, defend, and indemnify, the other Member Agencies and their personnel from all costs, expenses, losses, and damages, including cost of defense incurred as a result of any acts or omissions of the pertinent acting or non -acting Member Agency or its personnel relating to its performance or wrongful non-performance under this Agreement. Each Member Agency shall provide to all other Agencies, information regarding its personal injury, property damage, and other insurance pertinent to this Agreement, in the form of a Certificate of Coverage, that demonstrates good and adequate coverage for all its reasonably foreseeable activities hereunder. 16. Termination of Prior Agreements. This Agreement supersedes and replaces all prior agreements between the Member Agencies relating to or touching upon the matters contained herein. 17. Complete Agreement. This Agreement constitutes the full and complete agreement of the Member Agencies as to the matters contained herein. No other verbal or prior written understandings shall be provided with any legal effect whatsoever. Any amendments hereto shall be in writing and signed by all Member Agencies. 18. Compensation. No responding Agency shall seek or be entitled to compensation for services rendered under this Agreement from any requesting Member Agency, except as provided in 44 CFR, Part 151, "REIMBURSEMENT FOR COST OF FIREFIGHTING ON FEDERAL PROPERTY". As hereinbefore set forth, however, Member Agencies providing rescue services to non-member agencies shall be entitled to compensation for their services from such non-member agencies as herein set forth. 19. Execution in Counterparts. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 20. Agreement to be Filed with County Auditor. Pursuant to RCW 39.34.040, this Interlocal Agreement shall be filed by the Lead Agency with the Kitsap County Auditor as soon as reasonably practical after its execution. Thereafter, conformed copies, as to the date of filing and file number, shall be supplied by the Lead Agency to each Member Agency. IN WITNESS WHEREOF, the duly authorized representatives for each Agency have signed this Agreement to evidence their respective Agency's consent to all terms hereo: 032510 TECHNICAL RESCUE MUTUAL AID INTERLOCAL AGREEMENT Page 7 of 14 (Signing Agency signatures on subsequent pages) 032510 TECHNICAL RESCUE MUTUAL AID INTERLOCAL AGREEMENT Page 8of14 [11*1 FAWI) a 1-3111101041101IR I[$) Z By: Date of Signing: PATTY LENT, Mayor ATTESTED TO: By: Date of Signing: SHANNON CORIN, City Clerk APPROVED AS TO FORM: By: Date of Signing: ROGER LUBOVICH, City Attorney 032510 TECHNICAL RESCUE MUTUAL AID INTERLOCAL AGREEMENT Page 9 of 14 BAINBRIDGE ISLAND FIRE DEPARTMENT By: Date of Signing: TIM CAREY Board Chair By: Date of Signing: SCOTT ISENMAN Commissioner By: Date of Signing: YONGSUK CHO Commissioner By: Date of Signing: BRUCE ALWARD Commissioner By: Date of Signing: FRITZ VON IBSCH Commissioner ATTEST: By: Date of Signing: District Secretary 032510 TECHNICAL RESCUE MUTUAL AID INTERLOCAL AGREEMENT Page 10 of 14 CENTRAL KITSAP FIRE & RESCUE By: DICK WEST Board Chair r` By: BOB MUHLEMAN Board Vice Chair By: eat tit KEN ERICKSON Commissioner By: NAYE ANDREWS Commissioner By: GUY EARLE Commissioner ATTEST: By: / D strict S � retary 032510 TECHNICAL NJ TUAL AID INTLRLOCAI. _%(;RI-:I:\7L\"I Date of Signing: Date of Signing: Date of Signing q o C-7- Zc,p l Date of Signing: � �t Date of Signing: Date of Signing � oc r 2017 C)c Z©/7 Page 1 I of 14 By: Date of Signing: JAMES INGALLS Board Chair By: Date of Signing: DAVID ELLINGSON Commissioner By: Date of Signing: DARRYL MILTON Commissioner By: Date of Signing: CONRAD GREEN Commissioner By: Date of Signing: MARTIN SULLIVAN Commissioner ATTEST: By: Date of Signing: District Secretary 032510 TECHNICAL RESCUE MUTUAL AID INTERLOCAL AGREEMENT Page 12 of 14 NORTH KITSAP FIRE & RESCUE By: Date of Signing: GILLIAN GREGORY Board Chair By: Date of Signing: FERNANDO ESPINOSA Commissioner By: Date of Signing: WILSON STEWART Commissioner By: Date of Signing: STEVE NEUPERT Commissioner By: Date of Signing: PATRICK PEARSON Commissioner ATTEST: By: Date of Signing: District Secretary 032510 TECHNICAL RESCUE MUTUAL AID INTERLOCAL AGREEMENT Page 13 of 14 SOUTH KITSAP FIRE & RESCUE By: Date of Signing: 07 DAVE GELSLEICHTER By:/�j j4xvtis PAUL GOLNIK ,,---_Board Vice Chair DUSTY GERALD PREUSS Commissioner MIKE •ES—L�AVA Commissioner ATTEST: 032510 TECHNICAL RESCUE MUTUAL AID INTERLOCAL AGREEMENT Date of Signing: q - 2i, -t-1 Date of Signing: 9 Date of Signing: T -2S -Z017 Date of Signing: l /Z P//,? Date of Signing: 7,'2 ?, /7 Page 14 of 14 AGENDA BILL CITY OF BREMERTON 6H CITY COUNCIL SUBJECT: Interlocal Agreement between Study Session Date: October 25, 2017 the City of Bremerton and Kitsap County COUNCIL MEETING Date: November 1, 2017 Administrative Services for Court Security Department: Municipal Court Services Presenter: Dawn Williams Phone: (360)473-5242 SUMMARY: The Bremerton Municipal Court has an Interlocal Agreement with Kitsap County Administrative Services to provide security for the courthouse at 550 Park Avenue. The Court wishes to renew this agreement. ATTACHMENTS: Interlocal Agreement for Court Security Services #KC -354-17 with Attachment A FISCAL IMPACTS (Include Budgeted Amount): $69,665.00. This is an increase of $1,500.00 increase from 2017. This includes a step increase as well as a COLA. STUDY SESSION AGENDA: x❑ Limited Presentation ❑ Full Presentation STUDY SESSION ACTION: 0 Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the Interlocal Agreement for Court Security Services KC -354-17 between the City of Bremerton and Kitsap County Administrative Services; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: ❑ Approve Form Updated 01/07/15 ❑ Deny ❑ Table ❑ Continue ❑ No Action INTERLOCAL AGREEMENT FOR COURT SECURITY SERVICES KC -354-17 This Agreement is entered into by and between Kitsap County, a political subdivision of the State of Washington (hereinafter referred to as the COUNTY) and the City of Bremerton, a Municipal Corporation of the State of Washington, (hereinafter referred to as the CITY). WHEREAS, the parties are authorized to enter into agreements for the joint provision of governmental services pursuant to RCW 39.34, the Interlocal Cooperation Act, and WHEREAS the County presently employs court security officers pursuant to the authority found in RCW 9.41.300(b) and pursuant to Resolution Number 82295 of the Kitsap County Superior Court executed August 25, 1995, and WHEREAS the City desires to contract with the County for the furnishing of a full time Court Security Officer to provide security and screening services for the City's municipal court. Now, therefore the County and the City mutually agree as follows: Section 1 GENERAL TERMS 1.1 PURPOSE. The purpose of this Agreement is to provide by this contract the services of a full-time Court Security Officer by the County to the City under the terms and conditions specified in this Agreement. 1.2 PAYMENT OF COSTS. The City shall reimburse the County the costs of providing the City with a full-time Step 11 Court Security Officer, the costs of which are as identified in Attachment A hereto. The costs subject to reimbursement shall be subject to such adjustments as may be provided for in the County's collective bargaining agreement covering its employees. Both the County and the City shall be bound by the terms and provisions of the County's collective bargaining agreement covering court services for Court Security Officers together with any future amendments or modifications thereto The City shall provide coverage for the Court Security Officer during the regular morning, lunchtime and afternoon breaks of the Court Security Officer with an individual designated by the City. 1.3 SUPERVISION OF COURT SECURITY OFFICER. At all times, the Court Security Officer shall remain an employee of the County and shall remain under the supervision and control of the Kitsap County Sheriff's Office. The supervisory contact within the Kitsap County Sheriff's Office shall be Support Services Sergeant or such other Kitsap County Sheriff's employee as may be designated. 1.4 MODIFICATION. The terms of this Agreement shall not be altered or modified unless agreed to in writing by the County and City and such writing shall be executed with the same formalities as are required for the execution of this document. 1.5 APPLICABLE LAW AND VENUE This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington and the venue of any action brought hereunder shall be in the Superior Court of Kitsap County. 1.6 WAIVER. The failure of either party to insist upon strict performance of any of the terms and conditions of this Agreement shall not be construed to be a waiver or relinquishment of same, but the same shall be and remain in full force and effect. 1.7 ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the City and County regarding the subject matter of the contract. Any oral or written representations not incorporated in the contract are specifically excluded. Section 2 DURATION 2 1 This Agreement shall take affect on January 1, 2018 and terminate on December 31, 2018. The City will have the option of extending the initial term by a period of an additional 12 month(s) by giving written notice to the County of its intention to extend as provided in Section 4.1 of this Agreement. Section 3 INDEMNIFICATION 3.1 The City will hold harmless, indemnify and defend the County, its officers, officials, employees and agents, from and against any and all claims, actions, suits, liability, ioss, expenses, damages and judgments of any nature whatsoever, including reasonable costs and attorneys' fees in defense thereof for injury, sickness, disability or death to persons or damage to property or business, caused by or arising out of the City's acts, errors or omissions in connection with the performance of the contract. 3.2 The County will hold harmless, indemnify and defend the City, its officers, officials, employees and agents, from and against any and all claims, actions, suits, liability, loss, expenses, damages and judgments of any nature whatsoever, including reasonable costs and attorneys' fees in defense thereof for injury, sickness, disability or death to persons or damage to property or business, caused by or arising out of the County's acts, errors or omissions in connection with the performance of the contract. 3.3 The obligations under Section 3 of this Agreement include, but are not limited to, investigating, adjusting and defending all claims alleging loss from action, error or omission, or breach of any common law, statutory or other delegated duty by the parties, the parties' employees, agents or subcontractors. Section 4 NOTICES 4.1 All notices required by this Agreement to be given to the County shall be made in writing and personally delivered or sent by first class mail, postage prepaid to: County: Amber D'Amato, Director of Administrative Services 614 Division Street, MS -7 Port Orchard, WA 98366 Tel. (360) 337-4504 adamato co.kitsa .wa.us City Dawn Williams, Court Administrator 550 Park Avenue Bremerton, WA 98337 Tel.. (360) 473-5242 dawn. williams(a?ci.bremerton.wa us 4.2 All notices required by this Agreement to be given to the City shall be made in writing and personally delivered or sent by first class mail postage prepaid to the address noted above. Section 5 TERMINATION 5 1 Either party of this Agreement may terminate this Agreement by providing 30 calendar days written notice to the other party as provided in Section 4 of this Agreement. 5.2 If funding for the underlying pro}ect or matter is withdrawn, reduced or limited in any way after the Contract is signed or becomes effective, the City may summarily terminate the Contract notwithstanding any other termination provision in the Contract. Termination under this provision will be effective upon the date specified in the written notice of termination sent by City to the County. No costs incurred after the effective date of the termination will be paid. Section 6 SEVERABILITY 6.1 In the event any provision of this Agreement is found invalid or contrary to law, the remainder of this Agreement shall not be affected thereby. Dated this day of , 2017 Dated this _ day of 2017 CITY OF BREMERTON KITSAP COUNTY, WASHINGTON BOARD OF COUNTY COMMISSIONERS Patty Lent, Mayor Bremerton City Attorney's Office CHARLOTTE GARRIDO, Chair ROBERT GELDER, Commissioner EDWARD E. WOLFE, Commissioner ATTEST: Dana Daniels, Clerk of the Board ATTACHMENT A TO INTERLOCAL AGREEMENT FOR COURT SECURITY SERVICES The City shall reimburse the County for the wages and employment -based benefits necessary and incidental to providing the City with a full-time Step 12 court security officer under the collective bargaining agreement covering court security officers. Those costs are as follows: • Wages, benefits, and employer's share of employment taxes (estimated to be $69,000 per year); • Uniform (estimated to be $400.00), and uniform cleaning (estimated to be $265.00 per year); • Overtime wages worked; • Cost of living increases (COLAs) authorized by the Kitsap County Board of Commissioners subsequent to this agreement; • Travel reimbursement, if applicable. In addition, in the event the court security officer assigned to the City is absent for personal reasons (e.g., sick and annual leave). the City will pay the County a per diem rate consisting of the annual wages and benefits of a Step 12 court security officer estimated to be $265.39 per day (annual salary of $69,000 divided by 260 work days per year) to cover the sick and annual leave absences. AGENDA BILL �� CITY OF BREMERTON CITY COUNCIL SUBJECT: Acceptance of 2018 -2019 Study Session Date: October 25, 2017 Office of Public Defense Grant COUNCIL MEETING Date: November 1. 2017 Department: Municipal Court Presenter: Dawn Williams Phone: (360)473-5242 SUMMARY: The Bremerton Municipal Court applied to the Office of Public Defense for a grant and was awarded a grant in the amount of $32,000.00 for a 2 year cycle. $16,000 will be sent in January 2018 for use in 2018 and another check will be mailed in January 2019 for use in 2019. This money is intended to be used for improvements including continuing to adjust pay compensation for contracted attorneys, adding attorneys to reduce public defense caseloads and complying with the new Supreme Court Public Defense Standards. ATTACHMENTS: Letter of Acknowledgment and Face Sheet FISCAL IMPACTS (Include Budgeted Amount): The OPD grant is a revenue source for $32,000 ($16,000 in 2018 and $16,000 in 2019) to be used directly for Public Defense costs in the City of Bremerton Municipal Court. These monies will be fully expended each year to assist with public defense. There are no matching funds required. STUDY SESSION AGENDA: 0 Limited Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑x Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to accept the Grant from the Office of Public Defense; and authorize the Court Administrator to finalize and execute the Grant Agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: ❑ Approve Form Updated 01/07/15 ❑ Deny ❑ Table ❑ Continue ❑ No Action Grant Agreement No. GRT18491 FACE SHEET WASHINGTON STATE OFFICE OF PUBLIC DEFENSE 1. Grantee 2. Grantee Representative City of Bremerton Dawn Williams 345 6th Street, Suite 600 Court Administrator Bremerton, WA 98337 550 Park Ave. Bremerton, WA 98337 3. Office of Public Defense (OPD) 4. OPD Representative 711 Capitol Way South, Suite 106 Joanne I. Moore PO Box 40957 Director Olympia, WA 98504-0957 Office of Public Defense 711 Capitol Way South, Suite 106 PO Box 40957 Olympia, WA 98504-0957 5. Grant Amount 6. Grant Period $32,000 January 1, 2018 through December 31, 2019 7. Grant Purpose The Chapter 10.101 RCW city grants are competitive grants for the purpose of improving the quality of public defense services in Washington municipalities. (See Chapter 10.101 RCW.) The Office of Public Defense (OPD) and Grantee, as defined above, acknowledge and accept the terms of this Grant Agreement and attachments and have executed this Grant Agreement on the date below to start January 1, 2018 and end December 31, 2019. The rights and obligations of both parties to this Grant are governed by this Grant Agreement and the following other documents incorporated by reference: Special Terms and Conditions of the City Grant Agreement, General Terms and Conditions of City Grant Agreement, and Exhibits A, B, and C. FOR THE GRANTEE FOR OPD Name, Title Joanne I. Moore, Director Date Date Grant Agreement GRT18491 Face Sheet Page 1 of 15 SPECIAL TERMS AND CONDITIONS OF THE CITY GRANT AGREEMENT I. GRANT MANAGEMENT The Representative for each of the parties shall be responsible for and shall be the contact person for all communications regarding the performance of this Grant. The Representative for OPD and their contact information are identified on the Face Sheet of this Grant. The Representative for the Grantee and their contact information are identified on the Face Sheet of this Grant. 2. GRANT AWARD AMOUNT The Grantee is awarded thirty-two thousand and 00/100 Dollars ($32,000) to be used for the purpose(s) described in the USE OF GRANT FUNDS below. One-half of the award amount shall be disbursed to Grantee in January, 2018 for use during calendar year 2018. The remaining one-half shall be disbursed to Grantee in January, 2019 for use during calendar year 2019. 3. PROHIBITED USE OF GRANT FUNDS as adopted in OPD Policy County/City Use of State Public Defense Fundingj a. Grant funds cannot be used to supplant local funds that were being spent on public defense prior to the initial disbursement of state grant funds. b. Grant funds cannot be spent on purely administrative functions or billing costs. c. Grant funds cannot be used for cost allocation. d. Grants funds cannot be used for indigency screening costs. e. Grant funds cannot be used for city or court technology systems or administrative equipment. f. Grant funds cannot be used for city attorney time, including advice on public defense contracting. 4. USE OF GRANT FUNDS Grantee agrees to use the grant funds for the following: i. Adding investigator services ii, Adding expert services iii. Increasing public defense attorney compensation iv. Providing public defense services at preliminary appearance calendars v. Providing interpreter services for attorney-client communications vi. Public defense attorney training b. Grantee agrees to obtain OPD's written permission before funds are used for any purpose other than those listed in Section 4a above, Grantee agrees to use the first disbursement of funds in calendar year 2018, and the second disbursement of funds in calendar year 2019. If Grantee is unable to use the funds in the year for which the funds are disbursed, the Grantee agrees to notify OPD to determine what action needs to be taken. d. Grantee agrees to deposit the grant check within fourteen days of receipt. S. OVERSIGHT Grant Agreement GRT18491 Special Terms and Conditions Page 2 of 15 Grantee agrees to submit written reports to OPD. The first report shall be submitted to OPD no later than June 30, 2018 using the template found in Exhibit A. The second report shall be submitted to OPD no later than December 15, 2018 using the template found in Exhibit B. The third report shall be submitted to OPD no later than June 30, 2019 using the template found in Exhibit C. Where indicated, reports must be submitted along with the Grantee City's public defense attorneys' contracts, certifications of compliance, and other required documentation. Over the duration of the grant term, OPD will conduct site visits for purposes of addressing improvements to public defense and ensuring the use of grant funds for their specified purposes. At OPD's request, Grantee will assist in scheduling such site visits and inviting appropriate attendees such as, but not limited to: public defense attorneys, judicial officers, and city representatives. 6. ORDER OF PRECEDENCE In the event of an inconsistency in this Grant, the inconsistency shall be resolved by giving precedence in the following order: • Applicable federal and state of Washington statutes, regulations, and court rules • Special Terms and Conditions Of the City Grant • General Terms and Conditions of the City Grant Grant Agreement GRT18491 Special Terms and Conditions Page 3 of 15 GENERAL TERMS AND CONDITIONS OF THE CITY GRANT AGREEMENT 1. ALL WRITINGS CONTAINED HEREIN This Grant contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Grant shall be deemed to exist or to bind any of the parties hereto. 2. AMENDMENTS This Grant may be amended by mutual agreement of the parties. Such amendment shall not be binding unless it is in writing and signed by personnel authorized to bind each of the parties. 3. AMERCIANS WITH DISABILITIES ACT ADA OF 1990 PUBLIC LAW 101-336 also referred to as the "ADA" 29 CFR Part 35. The Grantee must comply with the ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunications. 4. ASSIGNMENT Neither this Grant, nor any claim arising under this Grant, shall be transferred or assigned by the Grantee without prior written consent of OPD. 5. ATTORNEY'S FEES Unless expressly permitted under another provision of the Grant, in the event of litigation or other action brought to enforce Grant terms, each party agrees to bear its own attorneys fees and costs. 6. CONFORMANCE If any provision of this Grant violates any statute or rule of law of the state of Washington, it is considered modified to conform to that statute or rule of law. 7. ETHICS CONFLICTS OF INTEREST In performing under this Grant, the Grantee shall assure compliance with the Ethics in Public Service, Chapter 42.52 RCW and any other applicable court rule or state or federal law related to ethics or conflicts of interest. 8. GOVERNING LAW AND VENUE This Grant shall be construed and interpreted in accordance with the laws of the state of Washington, and the venue of any action brought hereunder shall be in the Superior Court for Thurston County. 9. INDEMNIFICATION To the fullest extent permitted by law, the Grantee shall indemnify, defend, and hold harmless the state of Washington, OPD, all other agencies of the state and all officers, agents and employees of the state, from and against all claims or damages for injuries to persons or property or death arising out of or incident to the performance or failure to perform the Grant. 10. LAWS The Grantee shall comply with all applicable laws, ordinances, codes, regulations, court rules, policies of local and state and federal governments, as now or hereafter amended. Grant Agreement GRT18491 General Terms and Conditions Page 4 of 15 11. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS During the performance of this Grant, the Grantee shall comply with all federal, state, and local nondiscrimination laws, regulations and policies. In the event of the Grantee's non-compliance or refusal to comply with any nondiscrimination law, regulation or policy, this Grant may be rescinded, canceled or terminated in whole or in part. 12. RECAPTURE In the event that the Grantee fails to perform this Grant in accordance with state laws, federal laws, and/or the provisions of the Grant, OPD reserves the right to recapture funds in an amount to compensate OPD for the noncompliance in addition to any other remedies available at law or in equity. 13. RECORDS MAINTENANCE The Grantee shall maintain all books, records, documents, data and other evidence relating to this Grant. Grantee shall retain such records for a period of six (6) years following the end of the grant period. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been finally resolved. 14. RIGHT OF INSPECTION At no additional cost all records relating to the Grantee's performance under this Grant shall be subject at all reasonable times to inspection, review, and audit by OPD, the Office of the State Auditor, and state officials so authorized by law, in order to monitor and evaluate performance, compliance, and quality assurance under this Grant. The Grantee shall provide access to its facilities for this purpose. 15. SEVERABILITY If any provision of this Grant or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Grant that can be given effect without the invalid provision, if such remainder conforms to the requirements of law and the fundamental purpose of this Grant and to this end the provisions of this Grant are declared to be severable. 16. WAIVER Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of this Grant unless stated to be such in writing. Grant Agreement GRT18491 General Terms and Conditions Page 5 of 15 AGENDA BILL CITY OF BREMERTON WCITY COUNCIL SUBJECT: Contract Modification No. 2 to Study Session Date: October 25, 2017 the Professional Services Agreement with COUNCIL MEETING Date: November 1, 2017 CodePros, LLC for Supplemental Building Department: Community Development Division Services Presenter: Andrea Spencer Phone: (360) 473-5283 SUMMARY: CodePros, LLC has been providing building inspection and plan review services on an on-call basis for the City of Bremerton under their original contract agreement that was executed in July 2012 and modified in February 2014. The contract was initiated to cover for the department's only building inspector during absences for vacations or illness and to assist with plan review and inspection services when permit volumes are higher than staff can process in our expected turn- around times. This contract modification allows the City to fulfill the current building standards and prevent a back- log of plan reviews and inspections during heavy volumes and/or staffing challenges such as staff recruitment (vacancies). The annual maximum compensation is not to exceed $40,000 for 2017, which is a $15,000 increase to the current contracted amount of $25,000. Subsequent contract years return to the $25,000 annual maximum. ATTACHMENTS: 1) Contract Modification No. 2; 2) Original Professional Services Agreement; and 3) Contract Modification No. 1 FISCAL IMPACTS (Include Budgeted Amount): The Community Development existing 2017 and 2018 budget has $25,000 allocated annually for CodePros LLC's Professional Services contract. In September 2017 a budget adjustment was approved that reduced the Building Personnel Expenditures by $75,000 and increased the Building Professional Services Expenditures by $75,000 due to position vacancies. This CodePros LLC contract modification increase of $15,000 for 2017 is funded with the previously approved budget adjustment. There is no impact on the General Fund. STUDY SESSION AGENDA: 0 Limited Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑x Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to award the Contract Modification Agreement No. 2 to increase the 2017 contract by $15,000 for a total 2017 contract amount of $40,000 for Supplemental Building Division Services with CodePros, LLC; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: ❑ Approve Form Updated 01/07/15 ❑ Deny ❑ Table ❑ Continue ❑ No Action CONTRACT MODIFICATION AGREEMENT NO.2 BETWEEN THE CITY OF BREMERTON AND CodePros LLC PROJECT Supplemental Building Department Services CONSULTANT CodePros LLC DATE iA THIS CONTRACT MODIFICATION AGREEMENT SPECIFICALLY AMENDS THE PROFESSIONAL SERVICES AGREEMENT (the "Contract") entered into between the City of Bremerton and CodePros LLC on July 26, 2012 and previously modified on February 24, 2014. 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 I. Scope , is modified as follows: NO Change. Section II. Term , is modified as follows: NO Change Section III. Compensation, is modified as follows: The City shall pay the Consultant an amount not to exceed Twenty-five Thousand Dollars ($25,000.00) in a calendar year with the exception of year 2017 in which the City shall pay Consultant for additional hours as directed by the City in an amount not to exceed Forty Thousand Dollars ($40,000). Note: The original contract amount was (2012): Twenty Thousand Dollars ($20,000.00) Amended (2014): Twenty-four Thousand Nine Hundred Ninety-nine Dollars (24,999.00) H. 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 #2 Bremerton/CodePros LLC Supplemental Building Department 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 go DATE: APPROVED AS TO FORM: Bremerton Citytto l ey NOTICES TO BE SENT TO: CONTRACT MODIFICATION #2 Bremerton/CodePros LLC Supplemental Building Department Services 2 THE CITY OF BREMERTON By Patty Lent Its Mayor 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 PROFESSIONAL SERVICES AGREEMENT Supplemental Building Department Services The City of Bremerton ("City") and CodePros, LLC ("Consultant"), referred to collectively as the "Parties," enter into the following Agreement for professional services I. Scope: The Consultant agrees to perform the services more specifically described in the Scope of Work, dated August 1, 2012, 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 G 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 tlus Agreement will be performed in accordance with generally accepted professional practices in effect at the time such services are performed II. Term: This agreement commences upon execution by the parties and shall continue in full force and effect until terminated pursuant to Section IV of this agreement III. Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Consultant in an amount not to exceed $20,000 Consultant's charges and bills shall conform to the fee schedule attached hereto as Exhibit B 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 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 Bremerton/CodePros. LLC Supplemental Building Department Services Page 1 of 6 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: 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 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 Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4 24115, then, in the event of liability for damages ansing out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER The provisions of this section shall survive the expiration or termination of this Agreement 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 anse from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees, sub-consultants or sub-Consultants Bremerton/CodePros. LLC Supplemental Building Department Services Page 2 of 6 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. 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 refect 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 insurance as respects the City and it shall be an affirmative obligation upon Consultant to advise the City's Risk Manager by fax at (360) 473- 5161, or by certified mail, return receipt requested to City of Bremerton, attn Risk Management, 345 6`" Street, Suite 600, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy set out herein, and failure to do so shall be construed to be a breach of this Agreement The City also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage VII. General Conditions: Bremerton/CodePros, LLC Supplemental Building Department Services Page 3 of 6 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 Original documents, drawings, designs and reports, including those in electronic format, developed under this Agreement are the property of the City All written information submitted by the City to the Consultant in connection with the services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at least the same extent as the Consultant safeguards like information relating to its own business If such information is publicly available or is already in Consultant's possession or known to it, or is rightfully obtained by the Consultant from third parties, Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise All data, documents and files created by Consultant under this Agreement may be stored at Consultant's office in Allyn, 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 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 D Place of Work The Consultant shall perform the work authorized under this Agreement at its offices in Allyn, 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 Work involving the performance of inspections as described in Exhibit A, Scope of Work, shall take place at the properties within the city limits of Bremerton for which building permits are issued, as requested by the City of Bremerton, or at locations mutually agreed upon by the parties E 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 Bremerton/CodePros, LLC Supplemental Building_ Department Services Page 4 of 6 F Severability Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect G Modification This Agreement may only be modified by written instrument signed by both Parties H 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 Consultant Address City of Bremerton CodePros, LLC Dept of Community Development Attn Michael J Barth 345 6`h St, Ste 600 P O Box 185 Bremerton, WA 98337 Allyn, WA 98524 I 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 J 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 K Compliance with Laws Consultant shall comply with all applicable Federal, State, and local laws in performing its obligations under tins Agreement L 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 tins Agreement shall be brought in Kntsap County Superior Court M 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 N Assignment Any assignment of this agreement by the Contractor without the written consent of the City shall be void 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 Bremerton/CodePros. LLC Supplemental Building Department Services Page 5 of 6 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 wrtlun 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 Delays 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 seventy 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 CITY OF BREMERTON � l By PATfJ&6rr its —mA Yo R Date r,Z(.—(y Bremerton/CodePros, LLC Supplemental Buildmg Department Services Page 6 of 6 CONSULTANT A /�d By Micha Barth its Managing M be /President Date 7 JJ5 1 DL st bfty erk EXHIBIT A Scope of WorklUst of Services Provided by CodePros, LLC for the City of Bremerton, WA CodePros Professional Services Agreement dated August 1, 2012 Note This list of services can be updated and amended as necessary to ensure the Municipality's needs are met and the services provided satisfy the Municipality, property owners, and the building community Plan Review services provided as part of the agreement Perform plan review on select building projects in the Municipality on a non-exclusive, as -needed basis as requested by the Municipality's building official or administrator These may include any type of construction project, such as, without limitation single-family residential construction, multi -family residential construction, new commercial, industrial, and institutional construction, as well as tenant improvements and/or remodeling projects in any existing buildings Building plan review will, as directed by Municipality staff, include review of foundation systems, structural systems, plumbing and mechanical systems and energy code provisions to determine compliance with the Washington State Building Code, along with the Plumbing, Mechanical, Fuel -Gas and Energy Codes, and any local amendments adopted by the City of Bremerton Follow-up plan review of corrections of identified items is included Plan Review turn -around_ time -frame_ targets are follows Project Size based on Valuation ^T Plan Review Turnaround time to Goal i I first comments - IRC Residential Protects IBC Small Commercial Protect (Valuation less than $1M) IBC Large Commercial Protect (Valuation $1M to $10M) IBC Exceptionally Large Protect (Valuation sreater than S10M) S working days 10 working days 20 working days 25 working days Other Services provided as part of the agreement: 99% -- — - 999'0 _-- 100% i — - - 10096 - -- o Provide code interpretations and professional opinions as requested by the Municipality o On-call building inspections as requested by the Municipality (minimum 48 hours notice) o Communicate and coordinate efforts with professional partner employees, service providers, and other jurisdiction staff, elected officials and other agencies o Provide regular status and activity reports o Maintain proper legal records, provide document storage, and respond to public disclosure records requests By acceptance of the Professional Service Agreement and Exhibits A & B, the Municipality hereby authorizes the Company to perform supplemental building plan review services and/or building and structure inspections services within the incorporated boundaries of the Municipality on an as -needed, non-exclusive basis as directed by Municipality staff based upon the Washington State Building Codes and any other adopted codes and state and local amendments, or applicable State and Federal requirements, and other Municipality adopted regulations, standards, and requirements related to building construction (collectively, the "Municipality's Codes") COMM I.I.C. City of Bremerton - Service Agreement Exhibit A EXHIBIT B Fee Schedule for Building Department Services by CodePros, LLC. for the City of Bremerton. 11 CodePros Services Agreement dated August 1, 2012 CodePros' Plan Review Service Fees: o Building Plan Review Service Fee (Commercial > $1 M) 55°% of Bremerton's review fee o Building Plan Review Service Fee (Commercial = < $1 M) 60°% of Bremerton's review fee o Budding Plan Review Service Fee (1-2 Family Residential) 75°% of Bremerton's review fee o Attendance of Pre-Ap conference for projects > $1 M valuation no charge o Attendance of Pre-Ap conference for projects =<$1 M valuation $50 00 per hour (Plan review and permit fees that are the basis of this agreement shall be based on the fee schedule as adopted by the City of Bremerton, utilizing the fee table as shown in BMC 3 01040, Community Development - Rate Table C, as of the date of this agreement Plan Review fees are established as 65% of the permit fee Project valuations shall be defined as the total value of all construction work for which the permit is issued, and shall include but not be limited to roofing, electrical, plumbing, heating, air conditioning, elevators, fire extinguishing systems, and permanent equipment The valuation shall be, at a minimum, as determined by utilizing the most recently published 'Square Foot Construction Costs' table published by the International Code Council in its'Building Safety Journal° magazine) Other Fees: o Supplemental On -Call building Inspections $70 00 per hour o Project Support (upon specific request of jurisdiction) 65% of Bremerton's review and permit fee N, o Inspections outside of business hours $100 00 per hour, (2 hour minimum) o Investigative Services and/or testimony $125 00 per hour o Code Enforcement Activities (as requested by City) $85 00 per hour o Code consultation and/or code Interpretation, not associated with plan review services above $70 00 per hour o Analysis of alternate methods and/or materials $70 00 per hour o Structural engineering review by P E (projects<$4M) (actual costs) o Structural engineering review by P E (projects>$4M) no additional charge Terms: CodePros bills for the previous month, by the third business day of the month, payable within 30 days Pian review 60°% of fee due upon first comments, the remaining 40°% upon completion of the final review if billing discrepancies are identified by the Municipality, such discrepancy shall be brought to the attention of the Company prior to the payment due date ,IAB, City of Bremerton - Service Agreement Exhibd B CONTRACT MODIFICATION AGREEMENT NO.1 BETWEEN THE CITY OF BREMERTON AND CodePros LLC PROJECT Supplemental Building_ Department Services CONSULTANT CodePros LLC THIS CONTRACT MODIFICATION AGREEMENT SPECIFICALLY AMENDS THE PROFESSIONAL SERVICES AGREEMENT (the "Contract") entered into between the City of Bremerton and CodePros LLC. 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 III. Compensation is modified as follows: The original contract amount was in an amount not to exceed -Twenty Thousand Dollars ($20,000.00). The City shall pay the Consultant for additional work in an amount not to exceed Four Thousand Nine Hundred Ninety-nine Dollars ($4,999.00) for a total amended contract amount of $24,999.00 dollars ($24,999.00), including this Contract Modification. H. Consultant accepts all requirements of this Contract Modification by endorsing below. 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. CONTRACT MODIFICATION — CodePros LLC 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. CONSULTANT lAalkl'4 By Its ,Q2 DATE: J4qllq APPROVED AS TO FORM: Bremerton City Attorney NOTICES TO BE SENT TO: CONTRACT MODIFICATION — Codefts LLC THE CITY OF BREMER ON By Pa nt Its M o DATE: I"���lg ATTEST: City Clerk NOTICES TO BE SENT TO: Jeannie Vaughn Title: Building Official City of Bremerton, Community Development Address: 345 6" Street, Suite 600 Bremerton, WA 98337 Phone: 360-473-5212 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Resolution No. 3296 supporting Olympic Education Service District Inter - Agency School Safety and Security Plan Study Session Date: COUNCIL MEETING Date: Department: Presenter: Phone: 7A October 25, 2017 November 1, 2017 Police Chief Steven Strachan (360) 473-5224 SUMMARY: Resolution to support the rights of students and staff to attend colleges and schools that are safe and free from violence and harassment. ATTACHMENTS: Resolution No. 3296 supporting Olympic Education Service District Inter -Agency School Safety and Security Plan FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: ❑ No Presentation 0 Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda ❑x General Business ❑ Public Hearing RECOMMENDED MOTION: Move to adopt Resolution No. 3296 supporting Olympic Education Service District Inter -Agency School Safety and Security Plan. COUNCIL ACTION: ❑ Approve Form Updated 01/07/15 ❑ Deny ❑ Table ❑ Continue ❑ No Action OESD 114 Serving the ICfsap & Ot rmtc Peninsulas Olympic Educational Service District 114 105 National Avenue North • Bremerton, WA 98312 (360) 478-6880 • FAX (360) 405-5813 Office of the Superintendent Gregory J. Lynch .lune 29, 2017 Eric Younger, Council President Received by Bremerton City) Council Office g Dade' 3 City of Bremerton 345 6th Street, Suite 600 Bremerton wa98337 Dear President Younger, As part of a multi -county regional effort to enhance school safety and security (SSS) please see the attached proposed resolution. For three years now, the Olympic Educational Service District has periodically convened senior leadership meetings focusing on topics that would improve SSS, and coordination and. communications between stakeholders. Stakeholders included senior leaders from Kitsap, Mason, Clallam and Jefferson Counties as well as Emergency and Law Enforcement leaders covering school districts, community colleges and multiple jurisdictions at the Tribal, community, city, and county levels throughout the region. These stakeholders recently gathered during a May 2017 regional school safety and security breakfast in Silverdale, and reviewed the attached resolution. The purpose of the resolution is to: • Formalize our collective commitment to enhance SSS and build partnerships. • Highlight the need to continuously improve communications and coordination. • Raise public awareness about ongoing efforts to improve SSS between school districts, community colleges and multiple jurisdictions at the Tribal, community, city, and county levels. • Positively influence SSS related state legislation. • Use as a means to garner additional resources e.g. state and federal grants. ■ Work on a document highlighting SSS common terms of reference to enhance interagency communication and coordination during an emergency. In conjunction with the stakeholders listed above, we ask governing commissioners, boards, and councils to consider supporting the attached resolution and let us know your level of interest in participating by September 21 by contacting Tina Schulz at tsch_ulziR-oesd 1 14.org or 360-478-6880. If there is a preferred point of contact in your organization, please provide us with their contact information. An invitation will soon be coming your way with additional details for our next Regional SSS breakfast on September 25, 2017. All state legislators in our Region will receive a similar invitation. During the September 25 meeting, we will review several SSS initiatives, including an update on our resolution progress. Thank you in advance for your consideration and we look forward to hearing from you. Sincerely, Carl R. John n Board Chair GL/ts: Enclosure regoAndent Super Cc: (Kitsap, Mason, Clallam and Jefferson Counties) Law Enforcement and Fire Chiefs, Community Colleges and School District leaders, Mental Health professionals, County Emergency Management leaders, County Commissioners, Mayors, Tribal Council Leaders Board of Directors Elizabeth Drew • Carl Johnson • Shirley Johnson 0 Katie Proteau 0 Donn Ring 9 Conrad Green r Cliff Huenergard From: Steven Strachan Sent: Monday, August 07, 2017 3:29 PM To: Elaine Valencia Subject:. RE: Proposed Resolution I am fine with it- is a way to support state funding for school safety programs From: Elaine Valencia Sent: Friday, August 04, 2017 9:58 AM To: Steven Strachan Subject: Proposed Resolution Chief Let me know what you think about the attached requested Resolution. Elaine Elainc 1 alencia ExecutIvc Asst. CO the \laVor`Public Information Officer C-ity of l,'rcincrLoll 345 6"' Strcct, Suitc 60o Prcincrton WA 95337 36.0 473 5200 office 360 47 3 58S 3 fax elainc.\,alencia@ci.bremerton.wa.us RESOLUTION NO. 3296 A RESOLUTION of the City Council of the City of Bremerton, Washington, approving the Olympic Educational Service District Inter -Agency School Safety and Security Program for Clallam, Jefferson, Kitsap and Mason Counties. WHEREAS, the City of Bremerton supports the right of students and staff to attend colleges and schools that are safe and free from violence and harassment; and WHEREAS, establishing a strong senior leadership commitment at city, county, state, tribal, community college and school district levels where shared ownership for school safety is recognized by all leaders and a commitment to foster partnerships between local government including city/county government elected officials, tribal councils, community college boards, and school boards remains essential; and WHEREAS, providing a safe college and school environment that ensures both the physical and emotional safety of students and staff creates the conditions necessary to foster academic achievement; and WHEREAS, the most effective approach to creating safe college and school environment requires a comprehensive, coordinated effort including local government, community colleges, school districts, law enforcement, emergency services and communitywide strategies where all institutions, organizations and individuals accept responsibility for their critical roles and collaborate to establish a positive environment for teaching and learning in our colleges and schools; and WHERAS, during a large-scale emergency, natural or man-made, regardless of city, county, school district or reservation boundaries and jurisdictions, community colleges, school districts, law enforcement and emergency services will be required to work together to ensure student, staff and community member safety; and; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION]. City of Bremerton is committed to attend periodic joint/inter- agency senior leadership meetings hosted by the Olympic Educational School District including college, school district, law enforcement and emergency services and mental health senior leaders to review and discuss matters pertaining to community college, school and community safety. SECTION 2. City of Bremerton is committed to working on a memorandum of understanding outlining common vocabulary and procedures that could be adopted by community colleges, school districts, and first responders at the city and county levels in order to Resolution Rev. 05/2017 Page 1 of 2 Olympic Educational School District enhance planning, communications, coordination and response time during a natural or man- made crisis impacting community colleges and school districts. SECTION 3. Severability. If any one or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. SECTION 4. Effective Date. This Resolution shall take effect and be in force immediately upon its passage. PASSED by the City Council of the City of Bremerton, Washington this day of )2017. APPROVED AS TO FORM: ROGER A. LUBOVICH, City Attorney ERIC YOUNGER, Council President ATTEST: SHANNON CORIN, City Clerk R:\Legal\Legal\Resolutions\Police\Olympic Education Inter -Agency School Safety & Security.doc Resolution Rev. 05/2017 Page 2 of 2 Olympic Educational School District r*4 N fa C ik2; + N ❑ O N d N exp -a .M W �6 J R u t6 Z' v p O03 VV >U ,�_. 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