HomeMy WebLinkAbout04/11/2018 STUDY SESSION PACKETCITY COUNCIL 345 6"' Street, Suite 600, Bremerton, WA 98337 I Phone (360) 473-5280
APRIL 11, 2018
CITY COUNCIL STUDY SESSION
5:00 PM in COUNCIL CONFERENCE ROOM 603
The Study Session is open to the public but there will be no opportunities for input or participation; no
action is anticipated during the Study Session; and the content of these items is subject to change. If
approved by Council, the items will be placed on the April 18, 2018 Council Meeting Agenda:
A. INFORMATION ONLY
1. Presentation on Kitsap Community Resources "Business Education Support & Training"
(BE$T) Program — Beth Shay on behalf of Dayna Ebersole, BEST Program Manager
B. NO PRESENTATION PLANNED - The following items are budgeted items orsubjects thathave
been raised by the appropriate Council Committee Members:
1. Staffing for Adequate Fire & Emergency Response (SAFER) Grant Federal Funding
Application
2. Mutual Aid & Assistance Agreement to establish a State of Washington Intrastate
Water/Wastewater Agency Response Network (WARN)
3. Goods & Services Agreement with L2 Systems, LLC for Water System "Supervisory Control
and Data Acquisition" (SCADA) Lifecycle Upgrade
4. Contract Award to NOVA Contracting, Inc. for Replacement of the Oyster Bay Avenue South
24 -Inch Transmission Main
5. Interlocal Agreement with Olympic College for Engineering and Architectural Design Services
for Improvements to the 16th Street Main Entrance to Olympic College and along SR303
6. Authorize Hiring of Kim Seibold, CPA to position of Public Works Fiscal Analyst at Pay Band
11 Rate 8 of the 2018 Management, Professional, Confidential & Fiduciary Salary Plan
7. Ordinance creating Chapter 6.12 of the Bremerton Municipal Code entitled "Unfit Dwellings,
Buildings, Structures, and Premises"; and amending BMC Sections 2.62.045 and 1.04.120
relating to Dangerous and Unfit Structures
C. GENERAL COUNCIL BUSINESS
1. Public Safety & Parks Committee Briefing (4/11/18 Meeting) — Chair Leslie Daugs
2. Council Goal No. 8: "Increase Public Outreach through Social Media" — President Younger
3. Other General Council Business
D. ADJOURNMENT OF STUDY SESSION
® Americans with Disabilities Act accommodations provided upon request. Those requiring special accommodations
should contact the City Clerk's Office at (360) 473-5323 at least 24 hours prior to the meeting.
INFORMATION ONLY ITEM
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Presentation from Kitsap Study Session Date:
Community Resources Business Education Presenter:
Support and Training Program
Phone:
Al
ril 11. 2018
Dayna Ebersole,
BEST Program Manager
(360) 473-2115
SUMMARY: For many years the City of Bremerton has invested its Community Development Block
Grant funding in the Kitsap Community Resources Business Education Support and Training
Program. This program is a training program for future entrepreneurs who are ready to start a new
business or improve an existing one. Dayna Ebersole, the Manager of this program will present along
with two business owners who have participated in the program.
HANDOUTS:
STUDY SESSION AGENDA
Form Created 5/4/15
❑ No Presentation 0 Full Presentation
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SUBJECT: Staffing for Adequate Fire &
Emergency Response (SAFER) Grant
Federal Funding Application
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
Study Session Date:
COUNCIL MEETING Date:
Department:
Presenter:
Phone:
B1
(Updated)
April 11, 2018
April 18, 2018
Fire
David Schmitt, Fire Chief
(360) 473-5381
SUMMARY: The goal of SAFER is to enhance the local fire departments' ability to comply with
staffing, response and operational standards established by the NFPA (NFPA 1710 and/or NFPA
1720).
ATTACHMENTS: Staff Report
FISCAL IMPACTS (Include Budgeted Amount):
Year 1 SAFER: $301,800; City $100,600
Year 2 SAFER: $301,800; City $100,600
Year 3 SAFER: $140,840; City $261,560
Year 4 SAFER: $0 ; City $402,400
STUDY SESSION AGENDA: 0 Limited Presentation ❑ Full Presentation
STUDY SESSION ACTION: ❑ Consent Agenda ❑ General Business ❑ Public Hearing
RECOMMENDED MOTION: Move to approve submittal of an application for SAFER Grant Federal
Funding Program; and authorize the Mayor to finalize and execute the application if required.
COUNCIL ACTION: ❑ Approve
Form Updated 01/02/2018
❑ Deny ❑ Table ❑ Continue ❑ No Action
Bremerton City Council Study Session
GEMT & SAFER Grant
David Schmitt, Fire Chief
April 11, 2018
In 2017 the Bremerton Fire Department (BFD) responded to over 9,000 calls for EMS, rescue and fire
emergencies within the city and neighboring jurisdictions. In 2018 the department has evaluated staffing
and response levels necessary to maintain adequate community risk reduction and fire protection
commensurate with the growing population, expansion and new construction in our community.
Research by the National Fire Protection Association (NFPA) provides standards for community fire
protection and staffing in the United States and is referenced in this report.
In many communities, the current and future demands for emergency services are outpacing the
resources available. Bremerton is no exception as emergency responses continue to increase while
staffing remains near 1967 levels. As the service demands escalate, the department must be prepared to
respond. To help provide appropriate staffing and service levels, there are federal grant programs
available to assist with hiring, training and maintaining an increased workforce.
FIRE DEPARTMENT STAF'F'ING
• 1967 BFD - 58 members - responded to 593 calls for service
■ 2017 BFD - 59 members -responded to 9,014 calls for service
2027 BFD - 7 � Members -responding to 10,642 calls (Using 20 year average: 1997-2017)
Staffing/Emergencies
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The BFD is seeking this alternative funding to increase service and response capabilities while minimizing
the burden on the General Fund. There are two funding sources available: Ground Emergency Medical
Transport (GEMT) and Staffing for Adequate Fire & Emergency Response Grant (SAFER).
The department is requesting to increase daily staffing from 13 to 14 members. This will augment
Ladder 1, taking it from 2 to 3 members, greatly enhancing their ability to provide EMS and perform
emergency operations such as vehicle extrication, fire ground ventilation and rescue procedures which
are primary functions of a Ladder Truck. With the upcoming hospital move, we anticipate fewer
firefighters available in the city at any given time due to increased EMS transport times. This staffing will
augment initial response crews and enable them to perform these vital functions. Mustering a minimum
of 14 FFs on scene of a first alarm structure fire is a benchmark of NFPA 1710.
Ground Emergency Medical Transportation Program (GEMT)
The BFD is developing a cost report for retroactive and future reimbursement for Medicaid patient
ambulance transportation. The report for retroactive costs is due by April 30, 2018.
The BFD is working closely with the Finance Department to develop this report which will determine our
Calculated Average Cost (CAC). Using the CAC and deducting both the current Average Medicaid
Transport (AMT) and Average Medicaid Mileage (AMM), we will arrive at a value per transport, for
reimbursement. This value, multiplied by annual Medicaid transports, will be the total reimbursed
amount.
Example: %2(CAC —AMT— AMM) = value/transport
Example: using $1,500 as CAC, $115 as AMT and $50 as AMM:
%2($1,500 - $115 - $50) = %2($1,335) = $667.50/transport
In this example, 350 Medicaid transports would equate to $234,960 per year in
reimbursements. This is a conservative estimate for annual reimbursement.
Reimbursement is retroactive to June 2, 2016 and applied for on a quarterly basis going forward.
Submission for the initial 13 month retroactive portion of the GEMT reimbursement (June 2, 2016 —June
30, 2017) is due by April 30, 2018.
Staffing for Adequate Fire & Emergency Response Grant (SAFER)
SAFER was created to provide funding directly to fire departments to help increase or maintain the
number of trained, "front line" firefighters available in communities. The goal of SAFER is to enhance the
local fire departments' abilities to comply with staffing, response and operational standards established
by the NFPA (NFPA 1710 and/or NFPA 1720).
In the first two years of the SAFER grant, 75 percent of the new firefighters' costs are covered. In the
third year, 35 percent of the cost is covered, with the city responsible from the fourth year on.
City of Bremerton Participation
Using the GEMT reimbursement and SAFER Grant programs to help fund these new positions,
Bremerton will achieve the 2018 Fire Department Budget Goals by providing funding through alternative
sources to increase staffing that has been eliminated or unsupported due to budgetary limitations.
Staffing Request
• Add three additional Firefighters to the Suppression Division (one per shift) on Ladder 1,
increasing daily staffing from 13 to 14 members on duty
FIRE DEPARTMENT STAFFING ESTIMATE
(Revised Estimate)
Positions
FF EMT (3 Positions)
Total Annual Cost
Funding Sources
GEMT
SAFER Grant (75%, 75%, 35%)
2018 2019 2020 2021
4/10/2018
2022
0.00 299,868.61 326,634.33 371,022.14 401,348.93
0.00 299,868.61 326,634.33 371,022.14 401,348.93
(234,961.00) (242,597.23) (250,481.64) (258,622.30) (267,027.52)
0.00 (216,962.67) (216,962.67) (101,249.25) 0.00
Annual Net Cost to City
(234,961.00)
(159,691.29)
(140,809.98)
11,150.60
134,321.41
Cumulative
(234,961.00)
(394,652.29)
(535,462.27)
(524,311.67)
(389,990.26)
Note:
GEMT funding estimate assumes 3.25% annual increase.
Per SAFER Grant application, reimbursement is based on a first year firefighter (step 1) at the time the application is submitted
(2018).
Does not include cost for academy training, bunker gear and other supplies associated with adding personnel.
Assumes all positions will be hired at first step.
Cumulative total does not include 7 months of 2016 or 12 months of 2017 GEMT reimbursement
Recommendation
Support the Bremerton Fire Department and their request to seek alternative funding through the
Federal SAFER Grant program. This funding will assist with the hiring and retention of three new
Firefighter EMTs to increase daily staffing and improve emergency response capabilities.
SUBJECT: Mutual Aid Agreement to
establish a State of Washington Intrastate
Water/Wastewater Agency Response
Network (WARN)
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
Study Session Date: April 11, 2018
COUNCIL MEETING Date: April 18. 2018
Department:
Presenter:
Phone:
PW&U
Kathleen Cahall
(360) 473-2315
SUMMARY:
Recognizing that emergencies may require aid or assistance in the form of personnel,
equipment, and supplies from outside the area of impact, the signatories of the WARN
agreement establish an Intrastate Network for Mutual Aid and Assistance
through which members may coordinate response activities and share resources during
emergencies.
ATTACHMENTS:
1) Mutual Aid Agreement with Washington State Water/Wastewater Agency Response Network
(WARN)
FISCAL IMPACTS (Include Budgeted Amount):
There is no fiscal impact to this action. It is an administrative action included in the operations of the
Bremerton Water Utility. In the event of an emergency, this agreement could save the Water Utility
money by using the assistance of other Washington water systems to be more efficient and effective
responders.
STUDY SESSION AGENDA: 0 Limited Presentation ❑ Full Presentation
STUDY SESSION ACTION: ❑ Consent Agenda ❑ General Business ❑ Public Hearing
RECOMMENDED MOTION:
Move to approve the Mutual Aid and Assistance Agreement for Washington State for Intrastate
Water/Wastewater Agency Response Network (WARN) 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 01/02/2018
Mutual Aid and Assistance Agreement for Washington State for Intrastate
Water/Wastewater Agency Response Network (WARN)
As of: 04/13/09
This Agreement ("Agreement") is made and entered into by public water and
wastewater utilities that have executed this Agreement.
ARTICLE I
PURPOSE
Recognizing that emergencies may require aid or assistance in the form of personnel,
equipment, and supplies from outside the area of impact, the signatories hereby
establish an Intrastate Network for Mutual Aid and Assistance (the "Network").
Through the Network, Members (as further defined in this Agreement) may coordinate
response activities and share resources during emergencies.
ARTICLE II
DEFINITIONS
A. Authorized Official — An employee or officer of a Member agency that is
authorized to:
1. Request assistance;
2. Offer assistance;
3. Decline to offer assistance;
4. Decline to accept offers of assistance, and
5. Withdraw assistance under this Agreement.
B. Emergency — A natural or human -caused event or circumstance causing, or
imminently threatening to cause, loss of life, injury to person or property, human
suffering, significant financial loss, or damage to environment. For example,
Emergencies may include fire, explosion, flood, severe weather, drought, earthquake,
volcanic activity, spills or releases of oil or hazardous material, contamination, utility or
transportation emergencies, disease, blight, infestation, civil disturbance, riot,
intentional acts, sabotage and war that are, or could reasonably be beyond the
capability of the services, personnel, equipment, and facilities of a Member to fully
manage and mitigate by itself.
C. Member — Any public agency which provides supply, transmission or
distribution of water; or collection, conveyance or treatment services of storm water or
waste water that executes this Agreement (individually a "Member" and collectively the
"Members"). The Members are further classified as follows:
1. Requesting Member — A Member who requests aid or assistance under the
Network.
2. Responding Member — A Member that responds to a request for aid or
assistance under the Network.
D. Period of Assistance — The period of time when a Responding Member
Page 1 of 10
Mutual Aid and Assistance Agreement for Washington State WARN
assists a Requesting Member in response to a Request for Assistance. The Period of
Assistance commences when personnel, equipment, or supplies depart from
Responding Member's facility and ends when all of the resources return to the
Responding Member's facility (i.e., portal to portal).
E. National Incident Management System (NIMS): The national, standardized
system for incident management and response that sets uniform processes and
procedures for emergency response operations.
F. Associate — Any non-utility participant approved by the Statewide Committee
that provides a support role for the Network (such as the State Department of Health).
An Associate does not execute this Agreement.
ARTICLE III
ADMINISTRATION
The Network is administered through Regional Committees and a Statewide
Committee.
A. Regional Committees. The State is divided into regions that are
geographically the same as the existing Department of Health Office of Drinking Water
regions of the state, with the exception that the eastern region is divided to create a
central region. Each region has a Regional Committee. Each Member within a region
may appoint one person to be a member of its Regional Committee. Only those
Regional Committee members appointed by Members are entitled to vote on matters
before the Regional Committee. An Associate may be a non-voting member of a
Regional Committee. Each Regional Committee shall elect a Chair by majority vote of
the voting members of that Regional Committee and shall meet annually to review the
operations and procedures of the Network.
B. Statewide Committee. The Chairs of the Regional Committees are the
voting members of the Statewide Committee. An Associate may be a non-voting
member of the Statewide Committee. Further, the Statewide Committee also may
include as non-voting members representatives from the Washington State
Department of Health Office of Drinking Water, Washington State Department of
Ecology, Washington State Emergency Management Division, Rural Community
Assistance Corporation, Evergreen Rural Water of Washington, Washington State
Public Health Laboratory, EPA Region 10, Washington Association of Sewer and
Water Districts, and the Washington PUD Association. Under the leadership of a
Statewide Committee Chair elected by majority vote of the voting members of the
Statewide Committee, the Statewide Committee shall plan and coordinate emergency
planning and response activities for the Network.
C. Members' administrative activities shall be voluntary and members shall not
be required to finance the administration of the Network, nor shall the Network hold
real or personal property.
Page 2 of 10
Mutual Aid and Assistance Agreement for Washington State WARN
ARTICLE IV
PROCEDURES
In coordination with the Regional Committees, and emergency management and
public health systems of the State, the Statewide Committee shall develop and adopt
operational and planning procedures for the Network that are consistent with this
Agreement. The Statewide Committee shall review these procedures at least annually
and shall update them as needed.
ARTICLE V
REQUESTS FOR ASSISTANCE
A. Member Information: Promptly after executing this Agreement, the
signatory Member shall deliver the following to the Statewide Committee: (1) a
certified copy of the action of Member's governing body that authorized the signing of
this Agreement and (2) an original signed Agreement. Each Member shall identify an
Authorized Official and one alternate Authorized Official. Each Member shall provide
current 24-hour contact information for its Authorized Officials to the Statewide
Committee, which shall maintain a current list of all Members and the contact
information for their Authorized Officials. The Statewide Committee shall provide to all
Members an updated version of this list annually and whenever there is an addition or
withdrawal of a Member and whenever there is a change of Authorized Officials'
contact information.
B. Request for Assistance. In the event of an Emergency, a Member's
Authorized Official may request mutual aid and assistance from Members ("Request
for Assistance"). Requests for Assistance may be made orally or in writing, provided
that when a Request for Assistance is made orally, the Requesting Member shall, as
soon as practicable, identify and transmit in writing the personnel, equipment and
supplies requested. Requesting Members shall direct Requests for Assistance to
Authorized Officials. The Statewide Committee shall provide specific protocols for
Requests for Assistance as part of the procedures created pursuant to Article IV of this
Agreement.
C. Response to a Request for Assistance — Members are not obligated to
respond to a Request for Assistance. After a Member receives a Request for
Assistance, the receiving Member's Authorized Official shall evaluate whether to
respond to the Request for Assistance, whether resources are available to respond, or
if other circumstances would hinder response. Following the evaluation, the
Authorized Official shall inform, as soon as possible, the Requesting Member whether
the Member will respond to the Request for Assistance. If the Member is willing and
able to provide assistance, the Member shall inform the Requesting Member of the
type of available resources and the approximate arrival time of such assistance.
D. Discretion of Responding Member's Authorized Official — No Member has
any duty to respond to a Request for Assistance. When a Member receives a
Request for Assistance, the Authorized Official shall have sole and absolute discretion
Page 3 of 10
Mutual Aid and Assistance Agreement for Washington State WARN
as to whether or not to respond to the Request for Assistance, and if responding in the
affirmative, to determine the availability of resources to be made available to the
Requesting Member. The response of a Member's Authorized Official regarding the
availability of resources to a Requesting Member shall be final.
E. No Liability for Failure to Respond — No Member will be liable to any other
Member for deciding not to respond to a Request for Assistance or otherwise failing to
respond to a Request for Assistance. All Members hereby waive all claims against all
other Members arising from or relating to any Member's decision to not respond to a
Request for Assistance or to any Member's failure to respond to a Request for
Assistance.
ARTICLE VI
RESPONDING MEMBER PERSONNEL
A. National Incident Management System -When providing assistance under this
Agreement, the Requesting Member and Responding Member are encouraged (but are
not obligated) to be organized and function under NIMS.
B. Coordination and Records — Employees of the Responding Member will
remain under the direction and control of the Responding Member to the fullest extent
possible. The Responding Member is an independent contractor at all times. The
Requesting Member's Authorized Official shall coordinate response activities with the
designated supervisor(s) of the Responding Member(s). The Responding Member's
designated supervisor(s) shall keep accurate records of work performed by personnel
during the Period of Assistance and for the equipment and supplies provided during
work.
C. Food and Shelter — Whenever practical, Responding Member personnel
must be self sufficient for up to seventy-two (72) hours. Whenever practical, the
Requesting Member shall supply adequate food and shelter for Responding Member
personnel. If the Requesting Member is unable to provide food and shelter for
Responding Member personnel, the Responding Member's designated supervisor is
authorized to secure the food and shelter necessary to meet the needs of its
personnel.
D. Communication — The Requesting Member shall provide Responding
Member personnel with communications equipment as available, radio frequency
information to program existing radios if appropriate, or telephone contact numbers, in
order to facilitate communications with local responders and utility personnel. Each
Requesting Member shall provide contact information for an individual with whom
Responding Member's personnel may coordinate while en -route for access, staging
instructions and other logistical requirements.
E. Status - Unless otherwise provided by law, the Responding Member's
officers and employees shall have the same powers, duties, rights, privileges, and
immunities as if they were performing their duties in the jurisdiction in which they are
Page 4 of 10
Mutual Aid and Assistance Agreement for Washington State WARN
normally employed.
F. Licenses and Permits — To the extent permitted by law, Responding
Member personnel that hold licenses, certificates, or permits evidencing professional,
mechanical, or other skills shall be allowed to carry out activities and tasks relevant
and related to their respective credentials during a Period of Assistance.
ARTICLE VII
RIGHT TO WITHDRAW RESOURCES
A. Right to Withdraw - A Responding Member may withdraw some or all of its
resources at any time for any reason, as determined in the Responding Member's sole
and absolute discretion. The Responding Member shall communicate written or oral
notice of intention to withdraw all or some of a Responding Member's resources to the
Requesting Member's Authorized Official as soon as practicable under the
circumstances. To the greatest extent possible, but without limiting in any way a
Responding Member's sole and absolute discretion, a Responding Member's
determination to withdraw some or all of its resources provided to a Requesting
Member should consider the status of the incident and incident stability, to minimize
any adverse impacts from the withdrawal of resources by a Responding Member.
B. No Liability for Withdrawal - No Member will be liable to any other Member
for first responding to a Request for Assistance by providing resources (such as
personnel, materials, and equipment) and later withdrawing or refusing to continue to
provide some or all of those resources. All Members hereby waive all claims against
all Members arising from or relating to such a withdrawal or refusal.
ARTICLE VIII
COST- REIMBURSEMENT
The Requesting Member shall reimburse the Responding Member for all costs
incurred by the Responding Member during a Period of Assistance, unless otherwise
agreed in writing by both Members.
A. Personnel — The Requesting Member shall reimburse the Responding
Member for personnel costs incurred for work performed during a Period of
Assistance. Responding Member personnel costs will be calculated according to the
terms provided in their employment contracts, hourly rate schedules or other
conditions of employment. The Responding Member's designated supervisor(s) shall
keep accurate records of work performed by personnel during a Period of Assistance.
The Requesting Member shall include in its reimbursement of the Responding
Member all personnel costs, including salaries or hourly wages, costs for fringe
benefits, and indirect costs.
Unless otherwise agreed in writing, the Requesting Member shall reimburse the
Responding Member for all reasonable and necessary costs associated with providing
food and shelter for the Responding Member's personnel, if the food and shelter are
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Mutual Aid and Assistance Agreement for Washington State WARN
not provided by the Requesting Member. The Requesting Member is not required to
reimburse the Responding Member for food and shelter costs in excess of State per
diem rates unless the Responding Member demonstrates in writing that the excess
costs were reasonable and necessary under the circumstances.
B. Equipment — The Requesting Member shall reimburse the Responding
Member for the use of equipment during a Period of Assistance, including, but not
limited to, reasonable rental rates, all fuel, lubrication, maintenance, transportation,
and loading/unloading of loaned equipment. The Requesting Member shall return all
equipment to the Responding Member in good working order as soon as is practicable
and reasonable under the circumstances. If equipment cannot be returned in good
working order, then Requesting Member shall either provide in-kind replacement
equipment to Responding Member at no cost to Responding Member or pay to
Responding Member the actual replacement cost of the equipment. Reimbursement
rates for equipment use will be no less than the Federal Emergency Management
Agency's (FEMA) Schedule of Equipment Rates. If a Responding Member uses rates
different from those in the FEMA Schedule of Equipment Rates, the Responding
Member shall provide such rates orally or in writing to the Requesting Member prior to
supplying the equipment. If reimbursement rates are to be different than those in the
FEMA Schedule of Equipment rates, Responding Member and Requesting Member
shall agree in writing on which rates will be used prior to dispatch of the equipment to
the Requesting Member. Requesting Member shall reimburse for equipment not
referenced on the FEMA Schedule of Equipment Rates based on actual recovery of
costs. If a Responding Member is required to lease equipment while its equipment is
being repaired because of damage due to use during a Period of Assistance,
Requesting Member shall reimburse Responding Member for such rental costs.
C. Materials and Supplies — The Requesting Member shall reimburse the
Responding Member in kind or at actual replacement cost, plus handling charges, for
use of expendable or non -returnable supplies by the Responding Member during a
Period of Assistance. The Responding Member shall not charge direct fees or rental
charges to the Requesting Member for other supplies and reusable items that are
returned to the Responding Member in a clean, damage -free condition. Reusable
supplies that are returned to the Responding Member with damage will be treated as
expendable supplies for purposes of cost reimbursement.
D. Payment Period — In order to be reimbursed, the Responding Member shall
provide an itemized bill to the Requesting Member no later than ninety (90) days
following the end of the Period of Assistance for all expenses incurred by the
Responding Member while providing assistance to a Requesting Member under this
Agreement. The Responding Member may request additional time to submit the
itemized bill, and Requesting Member shall not unreasonably withhold consent to such
a request. The Requesting Member shall pay the itemized bill in full on or before the
forty-fifth (45th) day following the billing date. The Requesting Member may request
additional time to pay the itemized bill, and Responding Member shall not
unreasonably withhold consent to such a request, but in no event will payment in full
occur later than one year after the date a final itemized bill is submitted to the
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Mutual Aid and Assistance Agreement for Washington State WARN
Requesting Member. If a Responding Member disputes a portion of an itemized bill,
the Requesting Member shall promptly pay those portions of the bill not under dispute,
pending the resolution of the payment of the disputed portion of the bill.
E. Records - Where a Responding Member provides assistance to a
Requesting Member under this Agreement, both Members shall provide the other
Member access to the books, documents, notes, reports, papers and other records
relevant to this Agreement for the purposes of reviewing the accuracy of a cost bill or
making or undergoing a financial, maintenance or regulatory audit. Both Members
shall maintain these records for at least three (3) years or longer where required by
law.
ARTICLE IX
DISPUTES
NEGOTIATION
Members shall first attempt to resolve any controversy, claim or other dispute arising
out of or relating to this Agreement by direct negotiation.
MEDIATION
To the extent not resolved by direct negotiation, Members shall mediate any
controversy, claim or other dispute arising out of or relating to this Agreement.
Mediation is a condition precedent to arbitration. Unless the disputing Members agree
otherwise, the mediation will be administered by the American Arbitration Association
(AAA) under its Construction Industry Mediation Procedures. The disputing Members
shall pay in equal shares the mediator's fee and any filing fees. Unless otherwise
agreed by the disputing Members, the disputing Members shall (1) hold the mediation
no later than thirty (30) days after a disputing Member delivers a request for mediation
to the other disputing Members and (2) hold the mediation at the location of the
Requesting Member. Agreements reached in mediation will be enforceable as
settlement agreements.
ARBITRATION
To the extent not resolved by mediation, Members shall arbitrate all controversies,
claims and other disputes arising out of or relating to this Agreement. Unless the
disputing Members agree otherwise, the arbitration will be administered by the AAA in
accordance with its Construction Industry Arbitration Rules in effect on the date a
disputing Member makes a demand for arbitration. A disputing Member may make a
demand for arbitration before negotiation or mediation if it appears that a claim might
be barred by a statute of limitations if the demand were made after the negotiation or
mediation. However, in such a case the arbitration will be stayed until the conclusion
of negotiation and mediation. The decision and award rendered by the arbitrator(s)
shall be final, and judgment may be entered upon it in accordance with applicable law
in any court having jurisdiction thereof.
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Mutual Aid and Assistance Agreement for Washington State WARN
ARTICLE X
DUTY TO INDEMNIFY
To the extent of its fault, a Member shall defend, indemnify, and hold harmless all
other Members, their elected officials, Authorized Officials, officers, employees and
agents from any and all costs, claims, judgments, losses, awards of damage, injury,
death and liability of every kind, nature and description, including the reasonable cost
of defense and attorneys' fees, directly or indirectly arising from or relating to this
Agreement (collectively, "Indemnified Claims"). This indemnity obligation extends to all
Indemnified Claims against a Member by an employee or former employee of another
Member, and for this purpose, by mutual negotiation, each Member hereby expressly
waives, with respect to each other Member only, all immunity and limitation under any
applicable industrial insurance act, including Title 51 of the Revised Code of
Washington, other worker compensation acts, disability benefit acts or other employee
benefit act of any jurisdiction which would otherwise be applicable in the case of
Indemnified Claims.
ARTICLE XI
WORKER'S COMPENSATION AND SITE CONDITIONS
The Responding Member is responsible for providing worker's compensation benefits
and administering worker's compensation for its employees. The Requesting Member is
responsible for providing worker's compensation benefits and administering worker's
compensation for its employees.
Each Member shall promptly identify to the other Members concerns about site safety,
environmental concerns, and other working conditions. The Safety Officer appointed
within the Incident Command System during the Period of Assistance shall address
specific safety conditions and mitigations.
ARTICLE XII
NOTICE
Unless otherwise provided in this Agreement, all notices must be in writing. Notice to a
Member must be delivered to the Member's Authorized Official.
ARTICLE XIII
EFFECTIVE DATE
This Agreement shall be effective with respect to each Member when that
Member's authorized representative executes the Agreement. The Statewide
Committee shall maintain a master list of all Members.
ARTICLE XIV
WITHDRAWAL
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Mutual Aid and Assistance Agreement for Washington State WARN
A Member may withdraw from this Agreement at any time by providing to the
Statewide Committee Chair written notice of withdrawal signed by the withdrawing
Member's Authorized Official or other person authorized by the withdrawing Member's
governing body. Any withdrawal will be effective upon receipt by the Statewide
Committee Chair of the notice of intent to withdraw. If there is no Statewide
Committee Chair, the withdrawing Member shall provide written notice to each
Member in its region, and the withdrawal will be effective upon delivery of those
notices. Once withdrawal from this Agreement is effective, the withdrawing Member
will have no further obligations under this Agreement, except that withdrawal from this
Agreement will not affect any indemnification or reimbursement obligation under this
Agreement that arises prior to the effective date of the withdrawal.
ARTICLE XV
TERMINATION
This Agreement shall terminate in its entirety when there are less than two Members.
Termination of this Agreement will not affect any indemnification or reimbursement
obligation under this Agreement arising prior to the termination. The Statewide
Committee Chair shall provide written notice of termination to all remaining Members
of the Agreement.
ARTICLE XVI
AMENDMENT
This Agreement may be amended if, after written notice of a proposed amendment to
all Members, the proposed amendment is approved by a majority of Members in each
region. The Statewide Committee Chair shall provide written notice to all Members of
approved amendments. Approved amendments will take effect sixty (60) days after
the date the notice is sent to the Members.
ARTICLE XVII
SEVERABILITY
The parties agree that if any term or provision of this Agreement is declared by a court
of competent jurisdiction to be illegal or in conflict with any law, the validity of the
remaining terms and provisions shall not be affected, and the rights and obligations of
the parties shall be construed and enforced as if the Agreement did not contain the
particular term or provision held to be invalid.
ARTICLE XVIII
PROHIBITION ON THIRD PARTIES AND ASSIGNMENT OF RIGHTS/DUTIES
Notwithstanding rights of subrogation asserted by a Member's insurance provider, this
Agreement is for the sole benefit of the Members and no other person or entity shall
have any rights under this Agreement as a third party beneficiary nor shall any
Member owe duty to a third party not a signatory of this Agreement by virtue of this
Agreement. Assignments of benefits and delegations of duties created by this
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Mutual Aid and Assistance Agreement for Washington State WARN
Agreement are prohibited and of no effect.
ARTICLE XIX
GOVERNING LAW
This Agreement is governed by the law of the State of Washington, specifically RCW
39.34, Interlocal Cooperation Act.
ARTICLE XX
EXECUTION IN COUNTERPARTS
This Agreement may be executed in any number of counterparts and by different
parties in separate counterparts. Each counterpart when so executed shall be deemed
to be an original and all of which together shall constitute one and the same
Agreement.
The water and wastewater utility listed below executed this Agreement on this
day of 201 .
Water/Wastewater Utility:
Title:
Please Print Name
By:
Title
Please Print Name
Approved as to form
Attorney for Member
Please Print Name
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Mutual Aid and Assistance Agreement for Washington State WARN
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Goods and Services Agreement
with L2 Systems, LLC for Water System
SCADA Lifecycle Upgrade
Study Session Date: April 11, 2018
COUNCIL MEETING Date: April 18. 2018
Department:
Presenter:
Phone:
PW&U
Kathleen Cahall
(360) 473-2315
SUMMARY:
The City of Bremerton Water Utility Supervisory Control and Data Acquisition (SCADA) System
provides critical functions for the City's drinking water system through monitoring of water system
conditions as required by regulations, assuring operations per facility set points, alerting water
operators to alarm conditions, dispatching staff, and providing a database for analysis and report
preparation. This project will continue previous work to:
• Replace older server computers and field components
• Build electrical panels and provide configured programmable logic controllers
• Update communications
• Upgrade Electrical service
• Upgrade communications
• Provide other operational needs such as software programming, screen development, and
on-call troubleshooting
ATTACHMENTS: 1) Goods and Services Agreement with L2, LLC; 2) Justification for Sole Source
Provider
FISCAL IMPACTS (Include Budgeted Amount): The funds for this upgrade are currently identified
in the Water Utility capital and expense budgets for equipment and services. Total Project cost:
$225,000 between 2018 — 2020.
STUDY SESSION AGENDA: 0 Limited Presentation ❑ Full Presentation
STUDY SESSION ACTION: ❑ Consent Agenda ❑ General Business ❑ Public Hearing
RECOMMENDED MOTION:
Move to approve the Goods & Services Agreement with L2 Systems, LLC in the amount of $225,000
and authorize the Mayor to finalize and execute the agreement with substantially the same terms and
conditions as presented.
COUNCIL ACTION: ❑ Approve
Form Updated 01/02/2018
❑ Deny ❑ Table ❑ Continue ❑ No Action
GOODS AND SERVICES AGREEMENT
WATER SYSTEM SCADA LIFECYCLE UPGRADE
January 2018
THIS AGREEMENT, is entered into between the City of Bremerton, a Washington
Municipal Corporation ("City"), and L2 Systems, LLC ("Vendor"), whose mailing address is:
332216 1h Street, Everett, WA 98201
The parties agree as follows:
1. VENDOR SERVICES. The Vendor shall provide goods and materials and/or perform
the services for the City as described in attached hereto as Exhibit A, Scope of Work, which is
incorporated by reference herein.
2. TIME OF COMPLETION. Vendor shall complete the work and provide all goods,
materials and services by December 31, 2020 per Exhibit B.
3. COMPENSATION. The City shall pay the Vendor the total amount of not to exceed
$225,000, including applicable Washington State Sales Tax, for the goods, materials and services
contemplated in this Agreement. The City shall pay the Vendor the amounts according to the
schedule attached hereto as Exhibit C.
A. Defective or Unauthorized Work. The City reserves its right to withhold payment
from Vendor for any defective or unauthorized goods, materials or services. If
Vendor is unable, for any reason, to complete any part of this Agreement, the City
may obtain the goods, materials or services on its own or from a third party, and
Vendor shall be liable to the City for any additional costs incurred by the City.
"Additional costs" shall mean all reasonable costs, including legal costs and
attorney fees, incurred by the City beyond the maximum Agreement price
specified above. The City further reserves its right to deduct the cost to complete
this Agreement, including any Additional Costs, from any and all amounts due or
to become due the Vendor.
4. INDEPENDENT CONTRACTOR. Vendor is and shall be at all times acting as an
independent contractor and not as an employee of the City. The Vendor shall secure at its
expense, and shall be responsible for all payments of income tax, social security, state disability
insurance compensation, unemployment compensation, and all other payroll deductions for the
Vendor, officer, agents, employees and sub -contractors. The Vendor shall also secure all
applicable business licenses, if required, in connection with the contract services, including all
required licenses for Vendor's officers, agents, employees and sub -contractors.
5. TERMINATION. The City may terminate this Agreement for good cause. "Good
cause" shall include, without limitation, any one or more of the following events:
A. The Vendor's refusal or failure to supply a sufficient number of properly skilled
workers or proper materials for completion of this Agreement.
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Water System SCADA G&S 2018
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B. The Vendor's failure to complete this Agreement within the time specified in this
Agreement.
C. The Vendor's failure to make full and prompt payment to subcontractors or for
material or labor.
D. The Vendor's failure to comply with federal, state or local laws, rules or
regulations.
E. The Vendor's filing for bankruptcy or becoming adjudged bankrupt.
If the City terminates this Agreement for good cause, the Vendor shall not receive any further
monies due under this Agreement until the goods, materials, and services required by this
Agreement are completed and fully performed by the City or a third party of the City's choosing.
6. CHANGES. The City may issue a written change order for any change in the goods,
materials or services to be provided during the performance of this Agreement. If the Vendor
determines, for any reason, that a change order is necessary, Vendor must submit a written
change order request to an authorized agent of the City within fourteen (14) calendar days of the
date Vendor knew or should have known of the facts and events giving rise to the requested
change. If the City determines that the change increases or decreases the Vendor's costs or time
for performance, the City will make an equitable adjustment. The City will attempt, in good
faith, to reach agreement with the Vendor on all equitable adjustments. However, if the parties
are unable to agree, the City will determine the equitable adjustment as it deems appropriate.
The Vendor shall proceed with the change order work upon receiving either a written change
order from the City or an oral order from the City before actually receiving the written change
order. If the Vendor fails to require a change order within the time allowed, the Vendor waives
its right to make any claim or submit subsequent change order requests for that portion of the
contract work. If the Vendor disagrees with the equitable adjustment the Vendor must complete
the change order work; however, the Vendor may elect to protest the adjustment as provided
below:
A. Procedure and Protest by the Vendor. If the Vendor disagrees with anything
required by a change order, another written order, or an oral order from the City,
including any direction, instruction, interpretation, or determination by the City,
the Vendor shall:
1. Immediately give a signed written notice of protest to the City;
2. Supplement the written protest within fourteen (14) calendar days with a
written statement that provides the following information:
a. The date of the Vendor's protest.
b. The nature and circumstances that caused the protest.
C. The provisions in this Agreement that support the protest.
d. The estimated dollar cost, if any, of the protested work and how
that estimate was determined.
e. An analysis of the progress schedule showing the schedule change
or disruption if the Vendor is asserting a schedule change or
disruption.
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Water System SCADA G&S 2018
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3. The Vendor shall keep complete records of extra costs and time incurred
as a result of the protested work. The City shall have access to any of the
Vendor's records needed for evaluating the protest.
The City will evaluate all protests, provided the procedures in this section are
followed. If the City determines that a protest is valid, the City will adjust
payment for work or time by an equitable adjustment. No adjustment will be
made for an invalid protest.
B. Vendor's Duty to Complete Protested Work. In spite of any protest, the Vendor
shall proceed promptly to provide the goods, materials and services required by
the City under this Agreement.
C. Vendor's_ Acceptance of Changes. The Vendor accepts all requirements of a
change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not
protesting in the way this section provides. A change order that is accepted by
Vendor as provided in this section shall constitute full payment and final
settlement of all claims for contract time and for direct, indirect and consequential
costs, including costs of delays related to any work, either covered or affected by
the change.
D. Failure to Protest Constitutes Waiver. By not protesting as this section provides,
the Vendor also waives any additional entitlement and accepts from the City any
written or oral order (including directions, instructions, interpretations, and
determination).
E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the
procedures of this section, the Vendor completely waives any claims for protested
work and accepts from the City any written or oral order (including directions,
instructions, interpretations, and determination).
7. CLAIMS. The Vendor shall give written notice to the City of all claims other than
change orders within fourteen (14) calendar days of the occurrence of the events giving rise to
the claims. Any claim for damages, additional payment for any reason, or extension of time,
whether under this Agreement or otherwise, shall be conclusively deemed to have been waived
by the Vendor unless a timely written claim is made in strict accordance with the applicable
provisions of this Agreement; or, if (and only if) no such provision is applicable, unless that
claim is set forth in detail in writing and received by the City within seven (7) calendar days
from the date Vendor knew, or should have known, of the facts giving rise to the claim. At a
minimum, a Vendor's written claim must include the information set forth regarding protests in
Section 6(A)(2)(a)-(e).
FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN
THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING
IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR
CAUSED BY THAT DELAY.
Vendor must, in any event, file any claim or bring any suit arising from or connected with this
Agreement within 120 calendar days from the date the contract work is complete.
8. WARRANTY. The Vendor shall correct all defects in workmanship and materials
Bremerton/L2 Systems, LLC
Water System SCADA G&S 2018
Page 3 of 17
within one year from the date of the City's acceptance of the Contract work. When defects are
corrected, the warranty for that portion of the work shall extend for one year from the date such
correction is completed and accepted by the City. The Vendor shall begin to correct any defects
within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor
does not accomplish the corrections within a reasonable time, the City may complete the
corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the
correction.
9. INDEMNIFICATION. Vendor 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. Vendor's obligation to indemnify shall not extend to that
portion of damages caused by the City's sole negligence.
The City's inspection or acceptance of any of Vendor's work when completed shall not be
grounds to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of the Vendor and the
City, its officers, officials, employees, agents and volunteers, the Vendor's liability hereunder
shall be only to the extent of the Vendor's negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS
INDEMNIFICATION CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER
INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS
INDEMNIFICATION. THE PARTIES ACKNOWLEDGE THAT THEY HAVE MUTUALLY
NEGOTIATED THIS WAIVER.
The provisions of this section shall survive the expiration or termination of this Agreement.
10. INSURANCE. The Vendor shall procure and maintain for the duration of this
Agreement, insurance against claims for injuries to persons or damage to property that may arise
from or in connection with the performance of the Contract work by the Vendor, its agents,
representatives, employees or subcontractors.
Before beginning work on the project described in this Agreement, the Vendor 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
$2,000,000 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; and employer's
Bremerton/L2 Systems, LLC
Water System SCADA G&S 2018
Page 4 of 17
liability.
3. Excess Liability insurance with limits not less than 1,000,000 limit per occurrence
and aggregate.
4. Professional Liability insurance with limits no less than $1,000,000 limit per
occurrence/claim.
5. Workers Compensation insurance as statutorily required by the Industrial
Insurance Act of the State of Washington, Title 51, Revised Code of Washington
and employer's liability with limits not less than $1,000,000.
Any payment of deductible or self-insured retention shall be the sole responsibility of the
Vendor.
All required policies shall be provided on an "occurrence" basis except professional liability
insurance (if required), which shall 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 Vendor and a copy of the endorsement
naming the City as 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.
The Vendor'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 Vendor's insurance shall be primary insurance as respects the City and shall contain a waiver
of subrogation against the City for claims arising out of any operations, liabilities and obligations
to which coverage applies. It shall be an affirmative obligation upon Vendor to advise the City's
Risk Manager by fax at (360) 473-5161, or by certified mail, return receipt requested to City of
Bremerton, attn: Risk Management, 345 6th Street, Suite 600, Bremerton, WA 98337 within two
days of the cancellation, suspension or substantive change of any insurance policy set out herein,
and failure to do so shall be construed to be a breach of this Agreement.
The City 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.
11. MISCELLANEOUS.
A. Licenses and Taxes. Vendor shall possess a current Bremerton Business License
and any regulatory license required to fulfill Vendor's obligations under this
contract. B&O taxes shall be paid when due, and Vendor, by this agreement,
assigns any payments due under this contract to the City Clerk for payment of
such taxes which have been declared delinquent.
B. Conflict and Precedence. In the event of a conflict between the contract
documents, the document which rates higher on the following list shall take
precedence:
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Water System SCADA G&S 2018
Page 5 of 17
1. Addenda, if any,
2. Contract,
3. Specifications,
4. Terms and Conditions,
5. Contractor's proposal.
C. Documents Incorporated by Reference. The following documents are
incorporated by reference, to include, but not be limited to:
1. Terms and Conditions,
2. Specifications,
3. Proposal, and
4. Non -Collusion Affidavit.
D. Use of Photographs and Ima es. Vendor shall not use or distribute photographs
or images depicting City officials, personnel, property, or equipment whether
prepared by Vendor or provided by City without prior written consent of the City.
The City will not unreasonably withhold its consent.
E. Nondiscrimination. In the hiring of employees for the performance of work under
this Agreement the Vendor, its subcontractors, or any person acting on behalf of
Vendor shall not, by reason of race, religion, color, sex, sexual orientation,
national origin, or the presence of any sensory, mental, or physical disability,
discriminate against any person who is qualified and available to perform the
work to which the employment relates.
F. Compliance with Laws. Vendor shall comply with all federal, state and local
laws, rules and regulations throughout every aspect in the performance of this
Agreement.
G. Work Performed at Vendor's Risk. Vendor shall take all precautions necessary
and shall be responsible for the safety of its employees, agents, and subcontractors
in the performance of this Agreement. All work shall be done at Vendor's own
risk, and Vendor 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.
H. Governing Law. This Agreement shall be governed and construed in accordance
with the laws of the State of Washington. If any dispute arises between the City
and Vendor under any of the provisions of this Agreement, resolution of that
dispute shall be available exclusively under the jurisdiction, venue and rules of
the Kitsap County Superior Court, Kitsap County, Washington.
I. Attorney's Fees. In any claim or lawsuit for damages arising from the parties'
performance of this Agreement, each party shall be responsible for payment of its
own legal costs and attorney's fees incurred in defending or bringing such claim
or lawsuit; however, nothing in this subsection shall limit the City's right to
indemnification under Section 9 of this Agreement.
J. Written Notice. All communications regarding this Agreement shall be sent to
the parties at the addresses listed below, unless otherwise notified. Any written
notice shall become effective upon delivery, but in any event three (3) calendar
days after the date of mailing by registered or certified mail, and shall be deemed
sufficiently given if sent to the addressee at the address stated in this Agreement.
Notices to be sent to: Notices to be sent to:
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Water System SCADA G&S 2018
Page 6 of 17
VENDOR:
Attn:
L2 Systems, LLC
3322 16th Street
Everett, WA 98201
CITY:
Attn:
City of Bremerton
100 Oyster Bay Ave N
Bremerton, WA 98312
K. Assignme . Any assignment of this Agreement by the Vendor without the
written consent of the City shall be void.
L. Modification. No waiver, alteration, or modification of any of the provisions of
this Agreement shall be binding unless in writing and signed by a duly authorized
representative of the City and Vendor.
M. Severability. If any one or more sections, sub -sections, or sentences of this
Agreement are held to be unconstitutional or invalid, that decision shall not affect
the validity of the remaining portion of this Agreement and the remainder shall
remain in full force and effect.
N. Entire Agreement. The written provisions and terms of this Agreement, together
with any attached Exhibits, supersede all prior verbal statements by any
representative of the City, and those statements shall not be construed as forming
a part of or altering in any manner this Agreement. This Agreement and any
attached Exhibits contain the entire Agreement between the parties. Should any
language in any Exhibit to this Agreement conflict with any language contained in
this Agreement, the terms of this Agreement shall prevail.
IN WITNESS WHEREOF, the parties below have executed this Agreement.
VENDOR:
L2 Systems, LLC
By:
Print Wrne: Glen D Lee II
Its: Sec/Treasurer
Date: 3/19/2018
R:\Legal\Legal\Contracts\FORMS\Goods and Services Agreement (2017).docx
Bremerton/L2 Systems, LLC
Water System SCADA G&S 2018
Page 7 of 17
CITY:
City of Bremerton
By:
Print Name:
Its:
Date:
APPROVED AS TO FORM:
By:
Bremerton City Attorney
ATTEST:
By:
City Clerk
EXHIBIT A
WATER SYSTEM SCADA LIFECYCLE UPGRADE
SCOPE OF WORK
January 2018
BACKGROUND
The City of Bremerton Water Supervisory Control and Data Acquisition (SCADA) System
provides a critical function for the City's drinking water system through real-time monitoring and
control of water system conditions as required by regulations, assuring the system operates per
facility set points such as reservoir levels and pump operations, alerting water operators to off -
spec and alarm conditions, notification of security breaches, graphing and analyzing system
data, and providing a database for regulatory reports. Without a SCADA system, it would take
three shifts of an increased number of operators to ensure the water system provided safe
water and met all regulations.
Recent upgrades to the SCADA system replaced Autocon brand remote telemetry units with
Allen Bradley brand programmable logic controllers (PLCs) and on-site PanelViews for local
operator control. Information is now relayed by a combination of radios (both licensed
frequency and cellular) and fiber optic. At the master, the data is fed to servers and a human -
machine interface (HMI) using Allen Bradley's RS View Factory Talk. Alarms are monitored and
communicated to water operators through their cell phones via the WIN911 program.
Technological changes continue to take place at a fast pace in the SCADA field that increase
the speed, flexibility, functionality, and capacity of SCADA systems at reduced costs. To keep
pace with this technology, Bremerton needs to continually upgrade and add to its SCADA
system components. This need is identified in the Water Utility capital budget. SCADA
operation and maintenance is identified in the Water Utility Water Resources Division expense
budget.
OBJECTIVE
The goal of this project is for the water system to continue to upgrade the Bremerton Water
Utility SCADA system by replacing outdated SCADA equipment with Allen Bradley
PLCs/PanelViews and to convert the communications to more robust and less expensive fiber
optic/radio/wireless. Standardization to a uniform SCADA system using ethernet
communications protocol streamlines operations and maintenance, allows better management
of lifecycle status, while improving security and data capabilities.
For security, integrity, and consistency, programming and coordination with the SCADA
server/HMI is only performed by a systems integrator selected by the City to have the best
qualifications — this is currently L2 Systems. This work will be managed through a goods and
services agreement with L2. The water system standard for control hardware is Allen Bradley
Bremerton/1_2 Systems, LLC
Water System SCADA G&S 2018
Page 8 of 17
components. L2 shall provide all labor, materials, tools, equipment, and services required to
complete the design, furnishing, wiring, connection, calibration, adjustment, testing and operation
of all SCADA equipment, devices, and components as indicated by this scope of work.
Installation will be performed by City staff as much as they are able.
The following tasks outline elements necessary to perform water system SCADA upgrades:
TASKS
TASK 1 PROJECT PROCESS
The project scope consists of upgrading specific components of Bremerton's SCADA system.
For each SCADA upgrade, the general process to be followed will be:
• City determines upgrade to be conducted
■ System control strategy will be mutually discussed and documented
■ City will provide set points and draft desired screen changes
• L2 provides submittals and drawings (See Task 6) for City review
• City approves submittals and drawings
• L2 purchases hardware, software, and radios
• L2 fabricates SCADA system components
• L2 performs factory demonstration test to ensure components function as required
• L2 delivers components to Bremerton
• City installs components or arranges to have installed
• L2 performs and documents operational readiness test in the field
• L2 integrates alarms into WIN911
• L2 updates Factory Talk screens
■ L2 updates operation and maintenance manual
• L2 provides documentation to accurately reflect the system as installed
• City and L2 perform site acceptance test to ensure component operation in the field
conducted separately or coordinated at same time as the Operational Readiness Test
(ORT)
• L2 provides documentation and any equipment manuals
• City documents as -built system
The SCADA system shall be designed and assembled by L2 to be an integrated system of
components specifically designed for use with control, monitoring, and operation of pumps,
meters, and other water system process equipment. All components shall be standard, listed
products, new (unless furnished by the City) and free of defects. L2 shall revise, modify, adjust
and reprogram the system as required to properly operate the water system. The SCADA
system shall be supplied by L2 as an integral, complete system with all required components. L2
shall define all requirements for interfacing equipment, standard mounting equipment, and
accessories, and shall supply all such devices as part of the SCADA system.
Bremerton/L2 Systems, LLC
Water System SCADA G&S 2018
Page 9of17
TASK 2 PROJECT MANAGEMENT
L2 will provide project management and prepare specifications for equipment upgrade.
This Contract involves upgrades to the SCADA for the Bremerton water system which must
continue to provide potable water and meet State and Federal regulatory requirements.
Connections and utility changes must be programmed to provide the least possible interference
with operation of the water system. The work under this Contract shall be conducted in a
manner which will minimize shutdowns. Planned water facility shutdowns shall be scheduled
during periods of minimum use so that water system operations will be restored in the minimum
possible time.1_2 shall notify the City in writing or email at least forty-eight (48) hours in advance
of any required water system shutdown and are subject to advance approval of the Water
Resources Manager.
L2 shall perform work in accordance with the following standards:
• Obtain all necessary permits (note — City will obtain electrical permits for their
installations)
• Be performed by authorized and qualified personnel
• Maintain a clean environment
• Be'performed in accordance with local, state, and federal codes, including WISHA
confined space entry regulations and respiratory protection program.
TASK 3 PROJECT SCHEDULE
The City and L2 shall mutually agree on project scheduling and will verify scheduling
expectations at progress meetings.
The following information shall be shown for each site:
• Date of initial submittal and City's review time
• Ordering dates for long lead time items
• Start work
• Work substantially complete
• Project meetings
• Testing
• Final completion
With every progress payment request (invoice) a written progress report shall be
submitted which shall include a summary of work performed during the previous period.
Bremerton/L2 Systems, LLC
Water System SCADA G&S 2018
Page 10 of 17
TASK 4 MEETINGS
Progress meetings shall be held on a periodic basis in person or by phone in accordance with an
agreed-upon schedule. All matters bearing on the progress and performance of the work since
the preceding progress meeting shall be discussed and resolved, including any previously
unresolved matters, deficiencies in the work or the methods being employed and problems or
delays which may be encountered, and ways to continuously improve project quality and
progress. Prior to starting each task, the City and L2 will discuss and agree upon a control
strategy.
In general, the matters to be discussed or resolved and the instructions and information to be
furnished to or given by L2 at the preconstruction conference include but are not limited to:
• Personnel assignments and contact numbers
• Progress schedule submitted by L2
• Communication procedures between the parties, including emergency and
after-hours
• The names and titles of all persons authorized by L2 to represent and execute
documents. The names, addresses, and telephone numbers of all those
authorized by L2 to act for L2 in emergencies
• Forms and procedures for L2's submittals
• Change procedures
• Payment procedures
• Other administrative and general matters as needed
TASK 5 STANDARDS AND CODES
Electrical work shall be executed in strict accordance with the latest edition of the National
Electrical Code as adopted by the Washington State Department of Labor and Industries, local
ordinances and regulations, and the Bremerton Electrical Standard.
All electrical equipment, materials, construction methods, tests and definitions shall be in strict
conformity with the established standards of the following in their latest adopted revision:
• Underwriters' Laboratories, Inc. (UL)
• National Electrical Manufacturers Association (NEMA)
• Canadian Standards Association (CSA)
• Electrical Testing Laboratories (ETL)
Factory Mutual (F.M.)
• American National Standards Institute (ANSI)
• Institute of Electrical and Electronic Engineers (IEEE)
• Instrument Society of America (ISA)
• Washington State Rules and Regulations
Bremerton/L2 Systems, LLC
Water System SCADA G&S 2018
Page 11 of 17
All materials and equipment specified herein shall be listed by a nationally recognized testing
laboratory for the purpose for which they are used and shall bear the appropriate testing
laboratory label. All electrical equipment and materials, and the design, construction, installation,
and application thereof shall comply with all applicable provisions of the National Electrical Code
(NEC), the WISHA, and any applicable Federal, State, and local ordinances, rules and
regulations.
TASK 6 SUBMITTAL REQUIREMENTS
All submittals shall be made to the City with a letter of transmittal.
Submit a copy of each submittal to the City, electronically as a PDF file. One (1) reviewed copy
of submission will be returned to L2.
For project L2 shall submit to the City for approval the following:
• Materials and Parts List
• Schedule
• Enclosure Layout (shall include a wire color code legend, fuse list, and engraved label
list)
• Wiring Diagram
• Communications Layout
■ Detail drawings (as needed)
• Screen changes (as needed)
• Control logic
This documentation format shall be submitted prior to submitting any drawings and will be used
as the basis for the remainder of the project.
The City shall provide to L2 for each site:
• Tagname
• IP addressing
PLC status inputs
• PLC analog inputs and scaling
• PLC outputs
• Totalizer scaling
• Front panel indications required
■ Preliminary screen layout
• Other information as required per each site
• Communications type to be used (Licensed UHF radio, fiber optic, private wireless
network)
• Type of network switch to be used
Bremerton/1-2 Systems, LLC
Water System SCADA G&S 2018
Page 12 of 17
The City will review L2's submissions and return to L2 within 10 working days marked as follows:
A. No_E_xcegtions Taken. Accepted subject to its compatibility with future
submissions and additional partial submissions for portions of the work not
covered in this submission. Does not constitute approval or deletion of
specified or required items not shown in the partial submission.
B. Note Markings. (No Resubmissions Required). Same as A, except that minor
corrections as noted shall be made by L2.
C. Rejected - Resubmit. Submitted material does not conform to plans and
Specifications in significant respect (i.e., wrong size, model, capacity, or
material).
D. Comments Attached. Submitted material is either incomplete, or a favorable
review is not required.
Items A and B above (no resubmittal required) are considered "favorable review". Items C and D
above (correction and resubmittal required) are considered "unfavorable review." Favorable
review does not constitute acceptance of any responsibility for the accuracy, coordination, and
completeness or the items of equipment represented. Accuracy, coordination, and completeness
shall be the sole responsibility of L2, including responsibility to back check review comments,
corrections, and modifications before fabrication. Acceptance shall be considered to mean
merely that the City has no objection to L2 using, upon their own full responsibility, the plan or
method of work proposed, or furnishing the materials and equipment proposed.
TASK 7 TESTING
Factory Demonstration Test
L2 shall test the RTU prior to delivery to the City to ensure that the control panel is ready to have
power applied to it and to document the functions associated with the panel. All loop panel
meters shall be scaled and calibrated prior to delivery. The following shall be tested and
inspected:
■ All inputs
• All outputs
• Scaling of loops
• Proper wiring per submitted drawings
• Legends and documentation
• Control (PLC) Program
• PanelView Program (if installed)
Bremerton/1-2 Systems, LLC
Water System SCADA G&S 2018
Page 13 of 17
L2 shall be solely and completely responsible for the design, assembly and programming of the
entire RTU control system. The system shall be designed to provide control capabilities and to
provide trouble-free operation with minimum maintenance. Witnessing of these tests by City
personnel is at the option of the City. L2 will give the City 48 hours' notice of these tests. Written
documentation will be forwarded to the City.
L2 shall deliver the PLCs to the City of Bremerton Water Resources Division. One set of
drawings shall be provided. One spare fuse shall be provided for each size installed. City
installs RTUs, or arrange for the RTU to be installed.
Operational Readiness and Site Acceptance Tests
Once the RTU are installed, L2 will perform the operational readiness testing. Any deficiencies
shall be corrected by L2 prior to site acceptance testing.
All components of the control system shall be calibrated by L2 after completion of installation.
Each component shall be adjusted to be within the manufacturer's required range and for the
specific application. Components that cannot be properly calibrated or that are found to exceed
the manufacture's specified range or accuracy shall be removed and replaced.
Both L2 and City personnel will be present for the site acceptance test which will be performed in
the field once installation is completed.
WIN911 Test
L2 shall test WIN911 for acceptance of alarms and proper notification by pager and telephone.
TASK 8 INSTALLATION
Radio System Installation
L2 will be responsible for the programming of radios according to the radio path study provided
by the City. The City will install the mast, antenna and coax.
Cellular Wireless Installation
Where cellular wireless is being used, the City shall be responsible for ordering and having
installed the required equipment for each PLC.
Fiber Optic Communications
Where fiber optic communications is to be used, the City will have the fiber terminated in a patch
panel, with an empty conduit from the patch panel to the RTU. L2 will provide the fiber optic
patch duplex patch cord from the RTU network switch to the patch panel. If the City fiber optic
network is not functional at the desired time of RTU startup, there will be no penalty for L2.
Bremerton/L2 Systems, LLC
Water System SCADA G&S 2018
Page 14 of 17
PLC Installation
The City will install all PLCs and telemetry panels. L2 will provide a technician to assist in
startup. Reasonable efforts will be made to accomplish multiple startups at the same time.
Nameplates are to be black face, white core, 3/16" high engraving, and plastic laminate with
beveled edges.
TASK 9 START-UP
The control system shall be placed into operation by L2. L2 shall revise, modify, adjust and
reprogram the system as required during and following start-up to provide the operation required.
L2 shall anticipate that the City may delay acceptance of work under the contract if, in the
judgment of the City, malfunctions or failures in operation of the control system repeatedly occur
after start-up. L2 shall not be entitled to an extension of time or to any claim for damages
because of hindrances, delays or complications caused by or resulting from delay by the City in
accepting the work because of malfunctions or failures in operation of the SCADA.
The City will note changes to the drawings as appropriate to reflect actual field conditions. L2 will
revise these drawings at the end of each group of installations and will forward final copies to the
City.
TASK 10 GUARANTEE
L2 shall guarantee work and all components for a period of 1 year from date of acceptance of the
installation for each site. Acceptance is determined as 30 consecutive days of satisfactory
operation. Any defects in workmanship and repair or replacement of any faulty equipment which
shall occur within the guarantee period shall be remedied without additional cost to the City.
When defects are corrected, the guarantee for that portion of the work shall extend for one year
from the date such correction is completed and accepted by the City.
L2 shall make any and all repairs, replacements, modifications and adjustments required to
eliminate any and all defects in design, materials and workmanship which are disclosed within
the one year guarantee period. L2 shall begin all repairs, replacements, modifications and
adjustments within twenty four (24) hours of notification by telephone by the City and shall
complete such repairs, replacements, modifications and adjustments within forty eight (48) hours
of notification. Should L2 fail to begin the work within 24 hours or complete the work within 48
hours, the City may proceed to complete the work. Any overtime accrued by the City after 48
hours will be reimbursed by L2. In such event, L2 and its surety shall be liable for all costs
incurred by the City.
Bremerton/L2 Systems, LLC
Water System SCADA G&S 2018
Page 15 of 17
TASK 11 OPERATION AND MAINTENANCE MANUALS
L2 shall prepare operation and maintenance manual materials to be submitted to the City prior
acceptance of the task. Redundant information will be minimized.
Provide PDF copies for all equipment provided, with the following, if available:
• Brochures
• Instruction manuals
• Installation manuals
Each PDF shall have a descriptive name, such as VIPR Radio Programming Manual, and the
date the document was issued by the manufacturer. A PDF only has to be provided once for
each type of equipment
Provide drawings formatted for printing at 11" x 17", in a PDF format.
TASK 12 RECORD KEEPING
Vendor shall promptly furnish the City with such information related in the service as may be
requested by the City. Until the expiration of 72 months after final payment of the compensation
payable under this Agreement, vendor shall provide City access to (and City shall have the right
to examine, audit, and copy) all of vendor's books, documents, papers and records which are
related to the services or this Agreement.
TASK 13 CONFIDENTIAL INFORMATION
Vendor shall not, without the prior written consent of the City, disclose to third parties any
information received in connection with the service unless:
• Information is known to vendor before receiving the same directly or indirectly in
connection with the services;
• Information is in the public domain at the time of disclosure by vendor; or
• Information is received by vendor from third party who does not have an obligation to
keep the same confidential.
TASK 12 OTHER TECHNICAL ASSISTANCE
Other work that may be requested from L2 includes:
• Equipment selection assistance
• Training
• Software programming
• Report and data management assistance
• SCADA screen development
Bremerton/L2 Systems, LLC
Water System SCADA G&S 2018
Page 16 of 17
• Component Installation
• Calibration services
■ Troubleshooting
• Programming of RTUs, MTUs, and PLCs
• Integration of system components into the SCADA system
• Process control design
• Remote modem access for quick diagnosis and customer support
• Field service
• Emergency response
• Other similar work
EXHIBIT B
WATER SYSTEM SCADA LIFECYCLE UPGRADE
SCHEDULE
January 2018
Schedule for this contract will be from the date all signatures are received to December 31, 2020.
EXHIBIT C
WATER SYSTEM SCADA LIFECYCLE UPGRADE
LABOR RATES AND BILLLING FEES
January 2018
Work products will be considered on a time and materials basis and will be completed at the following
values:
1) Project management: $ 155.00
2) Panel Configuration —System Engineering: $ 145.00
3) Programming: $ 135.00
4) Drafting: $ 95.00
5) 0&M's: $ 85.00
6) Shop — Fabrication: $ 95.00
7) Field Service Scheduled $ 125.00
8) Emergency Service available 24-7-365 $ 180.00
Once a scope item is decided on between the City and L2, L2 will invoice the city for 2/3 of the
cost. One the ORT has been completed, the city will be invoiced for the remaining 1/3.
Bremerton/1_2 Systems, LLC
Water System SCADA G&S 2018
Page 17 of 17
TO: CHAL MARTIN, DIRECTOR PUBLIC WORKS AND UTILITIES
FROM: KATHLEEN CAHALL, WATER RESOURCES MANAGER
DATE: MARCH 15, 2018
e RE: STANDARDIZATION OF SCADA EQUIPMENT AND SERVICES
BMC 2.76.090 allows for the Public Works and Utilities Director to determine that requests for bids may be
waived when equipment involves special facilities or services and a bid would not be in the City's best interests
but rather a purchase may be best established by direct negotiation. RCW 39.04.280 (1)(a) allows sole source
purchasing for new equipment that must be compatible with existing equipment.
Bremerton's Water Supervisory Control and Data Acquisition (SCADA) system is the communication backbone
of the City's drinking water system. Water operators rely on the SCADA system to ensure proper
communications to all critical water system functions are carried out in a secure manner in compliance with
regulatory public health requirements.
Bremerton's SCADA system is a complex structure of servers, computers, software, controllers, and telemetry
units that turn pumps on and off, measure flows, ran times, and reservoir levels, and constantly communicate
water quality parameters. SCADA is integrated with the W IN911 alarming system which alerts water operators
through their cell phones when there is a problem in the water system or a set point is not met. Water
operators can also remotely access the SCADA system. A reliable SCADA system is economical for the
Water Utility by allowing a standby operator instead of costly second or third shift operations staff.
Bremerton's SCADA system currently has over 40 sites controlled through radio signals and fiber optic lines.
The SCADA equipment at these sites needs to be standardized, carefully coordinated, skillfully programmed,
consistently managed, and responsibly secured. In 2017 the Water Utility upgraded the SCADA with all
components standardized on Allen-Bradley Programmable Logic Controllers (PLC) Ethernet -based system.
The SCADA system with all its various components has a value of over $1 million and needs to be continually
updated as technology improves and components become obsolete.
This memo describes the reasons why standardizing the purchase of Water Utility SCADA equipment and
services is appropriate and how we recommend proceeding.
_Reasons for standardizing to Ethernet TCP11P:
Ethernet is a family of technologies that provides data -link and physical specifications for controlling access to
a shared network medium. A single cable can be used for video, voice and many different types of data. It is
fast, simple, inexpensive, and flexible. Ethernet has emerged as the dominant communication technology used
in SCADA networking.
Reasons for standardizing to Rockwell Automation/Allen Bradley hardware/software:
The Human -Machine Interface (HMI) currently used in the Bremerton Water System is Rockwell Automation
Factory Talk software. All SCADA components need to be able to reliably communicate with this HMI.
100% of Bremerton's SCADA system is currently Allen Bradley components and software. The Allen Bradley
control systems (PLCs and HMI) use Ethernet protocol, which has become the standard communications for
SCADA systems.
Other benefits of standardizing SCADA equipment and software include:
Spare Parts — Standardizing to Allen Bradley allows stocking spare parts for only one manufacturer. A
programmable logic controller (PLC) of the type used in the SCADA system costs about $$2,000 -
4,000. Stocking spare parts for more than one manufacturer would be an additional expense for both
labor and equipment.
• Software — Programming software is expensive, for example PLC programming software can be in
excess of $2,000 per user. Control equipment from other companies would require additional software
and programming time.
• Training — There is considerable time and expense for factory training on the SCADA system. Control
systems from other companies would require additional training.
• Lifecycle Management - As Allen Bradley products age, customers are provided options to help extend
the component's life as long as possible, and with enough advance notification to allow transition to the
next generation of equipment.
Standardizing all of Bremerton's SCADA components to the Rockwell Automation/Allen Bradley brand will
simplify parts inventory, repairs, integration, asset management, and future upgrades.
Reasons for standardizing radio components_:
The SCADA system uses two types of Radios
• ClaAmp ViPR —this UHF radio uses licensed frequencies from the FCC. Other makes of radios are not
compatible due to the radios' encryption of data.
• Digi Transport WR31 — this is a 4G cellular LTE radio, other makes of 4G cellular LTE radios may not
be compatible, and the Digi remote management software only works with like components.
Reasons to standardize SCADA, integration to services performed by L2 Systems in Everett,
Washinaton:
Maintaining a services contract with a single best -qualified systems integrator is critical to ensuring
consistency, reliability, and security for the Water SCADA system and its programming. To achieve this,
programming the SCADA server should be centralized, limited to a very few technicians, and consistently
documented.
L2 Systems has worked for the City of Bremerton for over 10 years and has provided consistently high level of
service. Prior to forming L2 Systems, the company's principal worked for our previous sole source integrator
when the SCADA system was primarily Autocon, a proprietary system. L2 has intimate knowledge of
Bremerton's SCADA system and has been involved in all aspects of its development. This knowledge allows
L2 to be timely and responsive at all hours when SCADA issues need immediate attention.
L2 Systems is allowed a secure "remote access" to the SCADA system via the City network which saves
considerable time and travel charges when trouble-shooting/programming can be done remotely. The City's IS
Division has strict policies on access to the City network since each outside computer access presents a
potential security risk. Limiting access to a single integrator reduces this risk.
Standardization of SCADA components, software, and integration services increases the security of the water
system, employee efficiency, and water system reliability while also reducing the time and costs associated
with SCADA maintenance and programming.
APPROVAL: Z r DATE:
Chal Martin, Public Works, and Otilities Director
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Contract Award to NOVA Study Session Date: April 11, 2018
Contracting, Inc. for Replacement of the COUNCIL MEETING Date: April 18, 2018
Oyster Bay Avenue South 24 -inch Department: Engineering
Transmission Main Presenter: Tom Knuckey
Phone: (360) 473-2376
SUMMARY: The Work to be completed under this contract includes replacement of approximately
2500 feet of existing 24 -inch steel water transmission main with 24 -inch ductile iron pipe. The
existing main is approximately 75 years old and is nearing the end of its useful life expectancy. This
is the primary transmission main that feeds the W256 zone and starts immediately downstream of
Reservoir 4.
Six (6) bids were submitted and were opened on March 29, 2018. The lowest, responsive,
responsible bidder was NOVA Contracting, Inc. in the amount of $1,084,124.90 including
Washington State sales tax.
ATTACHMENTS: 1) Site Plan; 2) Contract (blank); 3) Bid Tabulation
FISCAL IMPACTS (Include Budgeted Amount): The project is included in the 2018 Water Capital
budget at $2,400,000.
STUDY SESSION AGENDA: 0 Limited Presentation ❑ Full Presentation
STUDY SESSION ACTION: ❑ Consent Agenda ❑ General Business ❑ Public Hearing
RECOMMENDED MOTION:
Move to approve the bid for the contract for the Oyster Bay Avenue South 24 -inch Transmission Main
Replacement from NOVA Contracting, Inc. in the amount of $1,084,124.90 including Washington
State sales tax 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 01/02/2018
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OYSTER BAY AVENUE SOUTH 24 -INCH TRANSMISSION MAIN REPLACEMENT
SITE PLAN
THIS AGREEMENT is dated the
CONTRACT
(page 1 of 3)
day of in the year 2018 by
and between City of Bremerton (hereinafter called CITY) and
(hereinafter called CONTRACTOR).
CITY and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as
follows:
ARTICLE 1. WORK.
CONTRACTOR shall complete the WORK as specified or indicated in the CITY's Contract Documents
entitled Oyster Bay Avenue South 24 -Inch Transmission Main Replacement.
ARTICLE 2. CONTRACT TIMES.
The WORK shall obtain Substantial Completion within 120 calendar days from the commencement
date stated in the Notice to Proceed. Time is of the essence as to each and every deadline set forth in
this agreement. This provision has been specifically negotiated.
ARTICLE 3. LIQUIDATED DAMAGES.
CITY and the CONTRACTOR recognize that time is of the essence for this Agreement and that the CITY
will suffer financial loss if the WORK is not completed within the time specified in Article 2 herein,
plus any extensions thereof allowed in accordance with Section 1-08.8 of the Standard Specifications
which may be modified by the Special Provisions. They also recognize the delays, expense, and
difficulties involved in proving in a legal proceeding the actual loss suffered by the CITY if the WORK
is not completed on time. Accordingly, instead of requiring any such proof, the CONTRACTOR shall
pay the CITY liquidated damages in the amount of $1875 per day in accordance with Section 1-08.9 of
ARTICLE 4. CONTRACT PRICE.
CITY shall pay CONTRACTOR for completion of the WORK in accordance with the Contract
Documents in the amount set forth in the Bid Proposal, which shall include sales tax as provided in
Section 1-07.2(2) of the Special Provisions.
ARTICLE 5. PAYMENT PROCEDURES.
CONTRACTOR shall submit Applications for Payment in accordance with Section 1-09.9 of the
Standard Specifications which may be modified by the Special Provisions. Applications for Payment
will be processed by ENGINEER as provided in the Special Provisions
Contractor Initials
City of Bremerton March 2018
Oyster Bay Avenue South 24 -Inch Transmission Main Replacement CF -1
CONTRACT
(page 2 of 3)
ARTICLE 6. CONTRACT DOCUMENTS.
The Contract Documents which comprise the entire agreement between CITY and CONTRACTOR
concerning the WORK consist of this Contract and the following which are either attached or
incorporated herein by reference:
- Notice Inviting Bids,
- Bidders Checklist,
- Bid Proposal including the Proposal Forms, Information Required of Bidder, Bid Bond, and all
required certificates and affidavits,
- Performance Bond,
- Payment Bond,
- Standard Specifications,
- Amendments to the Standard Specifications,
- Appendices,
- Special Provisions,
- Contract Plans,
- Addenda numbers to , inclusive.
- Change Orders which may be delivered or issued after Effective Date of the Agreement and are
not attached hereto.
There are no Contract Documents other than those listed in this Article 6. The Contract Documents
may only be amended by Change Order as provided in Section 1-04.4 of the Standard Specifications
which may be modified by the Special Provisions.
ARTICLE 7. INDEMNIFICATION.
The CONTRACTOR and CITY acknowledge and agree that they have negotiated the following in
accordance with the requirements of RCW 4.24.115 and the CONTRACTOR specifically waives his
immunity under industrial insurance under Title 51 RCW. To the fullest extent permitted by Laws
and Regulations, the CONTRACTOR shall indemnify, defend, and hold harmless the CITY, ENGINEER,
their consultants, sub consultants, and the officers, directors, employees, and agents of each and any
of them, against and from any and all claims, injuries, damages, losses or suits, including all legal costs
and attorney fees, all claims and liability arising under, by reason of, related, or incidental to the
Contract Documents or any performance of the WORK, but not from the sole negligence or willful
misconduct of the CITY and/or the ENGINEER as further defined in the Contract Documents. The
provisions of this section shall survive the termination of the contract.
Contractor Initials
City of Bremerton March 2018
Oyster Bay Avenue South 24 -Inch Transmission Main Replacement CF -2
CONTRACT
(page 3 of 3)
ARTICLE 8. ASSIGNMENT
No assignment by a party hereto of any rights under or interests in the Contract Documents will be
binding on another party hereto without the written consent of the party sought to be bound; and
specifically but without limitation monies that may become due and monies that are due may not be
assigned without such consent (except to the extent that the effect of this restriction may be limited
by law), and unless specifically stated to the contrary in any written consent to an assignment, no
assignment will release or discharge the assignor from any duty or responsibility under the Contract
Documents. The CITY, in its sole discretion, may refuse to allow the CONTRACTOR to assign any or
all of its duties, rights and/or responsibilities under the Agreement, except with regards to an
assignment of funds for security purposes. In the case of an assignment for security purposes the
CITY may condition its approval to the extent it deems necessary to assure that there will be adequate
funds to complete the WORK and to pay a subcontractors and suppliers.
CITY and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to
the other party hereto, its partners, successors, assigns and legal representatives in respect of all
covenants, agreements and obligations contained in the Contract Documents.
IN WITNESS WHEREOF, CITY and CONTRACTOR have caused this Agreement to be executed the day
and year first above written.
CITY: City of Bremerton CONTRACTOR
(Signature)
By
(Printed name)
Attest
(Signature)
By
(Printed name) [CORPORATE SEAL]
Attest
Address for giving notices Address for giving notices
License No.
Approved as to Form:
Agent for service of process:
(Signature)
(Title)
City of Bremerton March 2018
Oyster Bay Avenue South 24 -Inch Transmission Main Replacement CF -3
CITY OF BREMERTON
BID TABULATION
BID Oyster Bay Avenue South 24 -Inch Transmission Main OPENED ,f J
TITLE: Replacement BY:
DATE TIME RECORDED
OPENED:
3/29/18 OPENED: 2.00PM BY: Shannon Corin
J
NAME OF BIDDER
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61 ct,
tlzl
ENGINEER'S ESTIMATE
APPARENT- jUW BIDDER
L W BIDDER
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SUMMARY
TOTAL BID (incl. Sales Tax)
1 -21
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$1,680,800
$
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SUBJECT: Interlocal Agreement with
Olympic College for Engineering and
Architectural Design Services for
Improvements to the 16th Street Main
Entrance to Olympic College and along
SR303
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
Study Session Date: April 11, 2018
COUNCIL MEETING Date: April 18. 2018
Department:
Presenter:
Phone:
Public Works
Chal Martin
(360) 473-5758
SUMMARY: The Interlocal Agreement between Olympic College and the City of Bremerton related
to Engineering and Architectural Design Services will enable the City and the College to work
cooperatively to develop a concept for 16th Street main entrance improvements, and associated
frontage improvements along SR -303. The purpose of developing the concept is to facilitate future
project funding.
ATTACHMENTS:
1. Interlocal Agreement
FISCAL IMPACTS (Include Budgeted Amount): Each Party will contribute up to $25,000 to this
effort. 2018 funding is available in the City's Transportation Capital Fund.
STUDY SESSION AGENDA: 0 Limited Presentation ❑ Full Presentation
STUDY SESSION ACTION: ❑ Consent Agenda ❑ General Business ❑ Public Hearing
RECOMMENDED MOTION:
Move to approve the Interlocal Agreement between Olympic College and the City of Bremerton
related to Engineering and Architectural Design Services, 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 01/02/2018
INTERLOCAL AGREEMENT
BETWEEN
OLYMPIC COLLEGE AND THE CITY OF BREMERTON
RELATED TO
ENGINEERING AND ARCHITECTURAL DESIGN SERVICES
THIS INTERLOCAL AGREEMENT is made and entered into pursuant to the Interlocal
Cooperation Act, Chapter 39.34 of the Revised Code of Washington, on the day of
, 2018, by and between Olympic College (College), a Community
College of the State of Washington, and the City of Bremerton (City), a municipal corporation of
the State of Washington, (the Parties).
WHEREAS, Revised Code of Washington Section 39.34.030 authorizes cooperative
efforts between public agencies, and
WHEREAS, Olympic College, with a student body of over 13,000 students, is situated
within the City of Bremerton adjacent to State Route 303, with the main campus generally west
of SR -303, a State Route with daily average traffic counts exceeding 35,000 vehicles, and
WHEREAS, the College's main entrance is 16th Street off of SR -303, and
WHEREAS, the College recently expanded academic offerings in partnership with
Washington State University to include Baccalaureate degrees in Mechanical and Electrical
Engineering in buildings located east of SR -303, requiring students and faculty members to cross
this very busy arterial, and
WHEREAS, the amount of pedestrians in and around Olympic College indicate the need
for significant improvements, and
WHEREAS, the City of Bremerton operates SR -303 within the City limits, and
WHEREAS, the City has developed a "bridge to bridge corridor" concept to improve
transportation infrastructure to a "complete street" standard which enables pedestrians, bicyclists
and ADA residents to easily and safely navigate the City's roads and bridges, and
WHEREAS, the segment of SR -303 adjacent to Olympic College is part of the "bridge
to bridge corridor" concept and improvements are necessary, and
WHEREAS, the City has completed significant improvements on the "bridge to bridge
corridor" with its Lower Wheaton Way reconstruction project, Lebo Boulevard reconstruction
project (including an accessible shared use path from Lebo Boulevard connecting to the Warren
Page 1
Interlocal Agreement Between Olympic College and the City of Bremerton for Conceptual Design Services
Avenue bridge), and in addition has developed a concept for both a pedestrian overpass and a
pedestrian underpass of SR -303 adjacent to the College, and
WHEREAS, the State Legislature has designated $500,000 for an SR -303 Corridor
Study, and
WHEREAS, the City has identified $25,000 in funding for 2018 to further a conceptual
design to improve the SR -303 corridor adjacent to Olympic College, and
WHEREAS, the City and the College wish to work cooperatively to develop a concept
for improved and safe pedestrian and vehicular access to the College,
NOW, THEREFORE, in consideration of their mutual covenants, conditions and
promises, THE PARTIES AGREE as follows:
I. PURPOSE OF AGREEMENT: The purpose of this Agreement is for the College and the
City to work cooperatively to develop a design concept for 16th Street main entrance
improvements, frontage improvements along SR -303, and additional pedestrian improvements
including a possible pedestrian overpass and/or underpass across SR -303.
2. ADMINISTRATION OF AGREEMENT: The Olympic College Division of
Administrative Services will administer this Agreement for Olympic College. The Bremerton
Public Works Department will administer this Agreement for the City of Bremerton.
3. LEAD ENTITY: Olympic College will be the administrative lead. The City of
Bremerton will assign a project manager to work closely with the College to ensure an efficient
communication and decision-making process.
4. RELATED TASKS: This interlocal Agreement envisions additional tasks related to
development of funding proposals, grant applications, and public outreach.
6. ADDITIONAL FUTURE AGREEMENTS: The Parties envision that the concept
developed under this interlocal Agreement will provide the basis for developing funding sources
for a detailed design effort, followed later by project construction funding. The Parties envision
that funding will come from a number of sources, including State capital budget and federal,
state, and local transportation sources.
7. DURATION OF AGREEMENT: This Agreement shall take effect upon execution of the
Agreement by both the College and the City and shall remain in effect until December 31, 2019.
8. TERMINATION OF AGREEMENT: Either the College or the City may terminate this
Agreement by giving ten days written notice to the other party.
Page 2
Interlocal Agreement Between Olympic College and the City of Bremerton for Conceptual Design Services
9. COLLEGE EMPLOYEES: College employees pursuant to this Agreement remain
employees of the College at all times and shall perform the work envisioned under sole
supervision of the College.
10. CITY EMPLOYEES: City employees pursuant to this Agreement remain employees of
the City at all times and shall perform the work requested under sole supervision of the City.
11. REIMBURSEMENT: This Agreement envisions the Parties entering a professional
services contract with a third party for conceptual design work in exchange for consideration not
to exceed $50,000, and the Parties shall each be responsible for fifty percent (50%) of the
payment for said contract up to a maximum of $25,000 per Party. The $50,000 cap may be
exceeded only upon the mutual written agreement of both Parties. Each Party will pay for its
own staff time involved in this effort.
12. LEGAL/ADMINISTRATIVE ENTITY: No separate legal or administrative entity is
created by or pursuant to this Agreement.
13. INDEMNIFICATION
A. To the extent of the law, the City shall defend, indemnify and hold harmless the
College, its officials, officers, employees and agents, for all claims, liabilities, damages,
expenses, reasonable attorney's fees and suits arising from negligence of the City and its agents.
B. To the extent of the law, the College shall defend, indemnify and hold harmless
the City, its officials, officers, employees and agents, for all claims, liabilities, damages,
expenses, reasonable attorney's fees and suits arising from negligence of the College and its
agents.
C. In cases of concurrent fault of the City and College, the above provisions
requiring each party to defend, indemnify and hold harmless the other party ("indemnification
provisions") are valid and enforceable only to the extent of the fault of the respective parties.
D. Solely for purposes of the indemnification provisions, each party waives its
immunity under Title 51 (Industrial Insurance) of the Revised Code of Washington and
acknowledges that this waiver was mutually negotiated by the parties.
E. The indemnification provisions shall survive the expiration or termination of this
Agreement.
14. COMPLIANCE WITH REGULATIONS AND LAWS: The Parties shall comply with
all applicable rules and regulations pertaining to them in connection with the matters covered in
this Agreement, including the procurement requirements for architectural and engineering
services set forth in Chapter RCW 39.80.
Page 3
Interlocal Agreement Between Olympic College and the City of Bremerton for Conceptual Design Services
15. ASSIGNMENT: The Parties shall not assign this Agreement or any interest, obligation
or duty herein without the express written consent of the other party.
16. 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.
17. NOTICES:
All notices and payments hereunder may be delivered or mailed. If mailed, they shall be
sent to the following respective addresses:
To Olympic College:
Dept. of Administrative Services
1600 Chester Avenue
Bremerton, WA 98337-1699
Attn: VP, Administrative Services
Phone: (360) 475-7501
To Bremerton:
City of Bremerton
345 6th Street, Suite 100
Bremerton, WA 98337
Attn: City Clerk
Phone: (360) 473-5290
or to such other respective addresses as either Party may hereafter designate in writing. All
notices and payments mailed by regular post (including first class) shall be deemed to have been
given on the second business day following the date of mailing, if properly mailed and
addressed. Notices and payments sent by certified or registered mail shall be deemed to have
been given on the day next following the date of mailing, if properly mailed and addressed. For
all types of mail, the postmark affixed by the United States Postal Service shall be conclusive
evidence of the date of mailing.
18. INSURANCE REQUIREMENT: The College is covered by the State of Washington
Self -Insurance Program and the Tort Claims Act (Chapter 4.92 RCW). Claims against the
College and its employees, officers, and agents in the performance of their duties under this
Agreement will be paid from the tort claims liability account as provided in Chapter 4.92 RCW.
The City shall obtain and maintain liability coverage in minimum liability limits of One Million
Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) in the aggregate for
general liability, errors and omissions, auto liability.
Each party to this Agreement agrees to provide the other with evidence of insurance coverage in
the form of a certificate from a solvent insurance provider confirming coverage from a solvent
insurance company or pool which is sufficient to address the insurance obligations set forth
above.
19. NON-DISCRIMINATION POLICY: The College and the City agree not to discriminate
Page 4
Interlocal Agreement Between Olympic College and the City of Bremerton for Conceptual Design Services
in the performance of this Agreement because of race, color, national origin, sex, sexual
orientation, age, religion, creed, marital status, disabled or Vietnam era veteran status, or the
presence of any physical, mental sensory handicap, or other status protected by law.
20. FILING: This document shall be filed with the County Auditor pursuant to RCW 39.34
or, alternatively, listed by subject on the public agency's web site.
21. ENTIRE AGREEMENT: This Agreement 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.
22. CHOICE OF LAW AND VENUE: This Agreement shall be interpreted according to the
laws of the State of Washington. Any judicial action to resolve disputes arising out of this
Agreement shall be brought in Kitsap County Superior Court.
IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and
year first above written.
CITY OF BREMERTON
Greg Wheeler, Mayor
Date
ATTEST:
Shannon Corin, City Clerk
Approved as to form:
OLYMPIC COLLEGE
Dr. Marty Cavalluzzi, Olympic College President
Date
ATTEST:
Approved as to form:
Roger A. Lubovich, City Attorney H. Bruce Marvin
Assistant Attorney General
Page 5
Interlocal Agreement Between Olympic College and the City of Bremerton for Conceptual Design Services
STATE OF WASHINGTON)
) ss.
COUNTY OF 1
ON THIS
personally appeared
known to be the
and
day of
2018, before me,
and , to me
of
being one of the municipal corporations that executed the within and foregoing instrument, and
they acknowledged said instrument to be the free and voluntary act and deed of said corporation,
for the uses and purposes therein mentioned, and on oath stated that they were authorized to
execute said instrument, and the seat of said municipal corporation is affixed hereon.
WITNESS my hand and official seal hereto the day and year in this certificate first above
written.
STATE OF WASHINGTON)
) ss.
COUNTY OF )
ON THIS
personally appeared
known to be the
Notary Public in and for the State of Washington,
Residing at
My commission expires
day of
2018, before me,
and , to me
and of
being one of the municipal corporations that executed the within and foregoing instrument, and
they acknowledged said instrument to be the free and voluntary act and deed of said corporation,
for the uses and purposes therein mentioned, and on oath stated that they were authorized to
execute said instrument, and the seat of said municipal corporation is affixed hereon.
WITNESS my hand and official seal hereto the day and year in this certificate first above
written.
Notary Public in and for the State of Washington,
Residing at
My commission expires
Page 6
Interlocal Agreement Between Olympic College and the City of Bremerton for Conceptual Design Services
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Authorize Hiring of Kim Seibold
CPA, Public Works Fiscal Analyst at Pay
Band 11 Rate 8 of the 2018 Management,
Professional, Confidential & Fiduciary Salary
Plan
Study Session Date: April 11, 2018
COUNCIL MEETING Date: April 18. 2018
Department: Financial Services
Presenter: Mike Riley
Phone: (360) 473-5303
SUMMARY: The Director of Financial Services proposes to fill the vacant Public Works Fiscal
Analyst position with Kim Seibold, CPA. Ms. Seibold has over 20 years in the industry, most recently,
12 years as the Assistant Finance Director with the Housing Kitsap.
The Director has negotiated salary compensation with Ms. Seibold and proposes making this
appointment at Pay Band 11, Rate 8. Pursuant to the appointment provisions contained in the BMC
2.50.032(a) this appointment above Rate 1 requires City Council authorization.
ATTACHMENTS: Ms. Seibold's resume is on file with Human Resources.
FISCAL IMPACTS (Include Budgeted Amount): This position in fully funded.
STUDY SESSION AGENDA: 0 Limited Presentation ❑ Full Presentation
STUDY SESSION ACTION: ❑ Consent Agenda ❑ General Business ❑ Public Hearing
RECOMMENDED MOTION: Move to authorize the hiring of Kim Seibold, CPA, Public Works Fiscal
Analyst at Pay Band 11, Rate 8, of the 2018 City of Bremerton Management, Professional,
Confidential & Fiduciary Salary Plan.
COUNCIL ACTION: ❑ Approve
Form Updated 01/02/2018
❑ Deny ❑ Table ❑ Continue ❑ No Action
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Ordinance No. creating
Chapter 6.12 of the Bremerton Municipal
Code, entitled "Unfit Dwellings, Buildings,
Structures, and Premises"; and amending
BMC Sections 2.62.045 and 1.04.120
relating to Dangerous and Unfit Structures
Study Session Date: April 11, 2018
COUNCIL MEETING Date: April 18. 2018
Department: DCD
Presenter: Andrea L. Spencer
Phone: (360) 473-5283
SUMMARY: Mayor Wheeler is moving forward with implementation of a proactive code enforcement
program and in support of that initiative is seeking to adopt new provisions into the Bremerton
Municipal Code (BMC) to support the program. The City Council received an overview of the
program and the proposed BMC changes at the study session on March 28th and was supportive of
the proposed new program and bringing forward the amendments to the BMC.
The proposed new Chapter in the BMC implements Chapter 35.80 of the Revised Code of
Washington (RCW), which allows the City to intervene in order to correct, repair, or remove
structures that are unfit for occupancy due to dilapidation, disrepair, structural defects, etc.
ATTACHMENTS:
• Proposed Ordinance to create BMC Chapter 6.12 title "Unfit Dwellings, Buildings, Structures,
and Premises" and amending Sections 2.62.045 and 1.04.120 relating to dangerous and unfit
structures
• Summary of the 2018 Proactive Code Enforcement Program
FISCAL IMPACTS (Include Budgeted Amount): The Abatement Fund has approximately
$275,000 in funding available from Fines and Penalties for implementation of the provisions of this
new code. Staff will monitor the balance of the Abatement Fund and provide periodic updates as
necessary to the Council.
STUDY SESSION AGENDA: 0 Limited Presentation ❑ Full Presentation
STUDY SESSION ACTION: ❑ Consent Agenda ❑ General Business ❑ Public Hearing
RECOMMENDED MOTION:
Move to approve Ordinance No. creating BMC Chapter 6.12 titled "Unfit Dwellings,
Buildings, Structures, and Premises" and amending BMC Sections 2.62.045 and 1.04.120 relating to
dangerous and unfit structures.
COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action
Form Updated 01/02/2018
ORDINANCE NO.
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, creating a new chapter of the Bremerton
Municipal Code, Chapter 6.12 entitled "Unfit Dwellings,
Buildings, Structures, and Premises" and amending Sections
2.62.045 and 1.04.120 relating to dangerous and unfit structures.
WHEREAS the City Council finds that there are within the City of Bremerton
dwellings which are unfit for human habitation and buildings, structures, and premises or
portions thereof which are unfit for other uses due to dilapidation, disrepair, structural defects,
unpermitted and substandard construction or modification, filth and other conditions attracting
insects or vermin or likely to spread disease, defects increasing the hazards of fire, accidents, or
other calamities, or other similar conditions and violations of various building, health, and safety
regulations, and/or which are unsecured; and
WHEREAS such dwellings, buildings, structures, and premises are dangerous to
occupants, threaten the public health, safety, and welfare, attract and harbor vagrants and
criminals, offend public values, lower the value of neighboring properties, contribute to
neighborhood or community deterioration, and hamper community and economic development;
and
WHEREAS owners of such properties are often unwilling or unable to correct
such conditions; and
WHEREAS it is in the interest of the community for the City to intervene and
correct, repair, or remove such dwellings, buildings, structures, premises and conditions in a
timely manner; and
WHEREAS, for several years members of the community and members of the
City Council have, on behalf of themselves and other individuals, and the City of Bremerton as a
whole, shared urgent concerns regarding conservation and improvement of the quality of life in
neighborhoods throughout the City of Bremerton and detrimental effects on public health, safety
and welfare stemming from unkempt, deteriorating and abandoned dwellings, buildings,
structures and premises at various locations within the City; and
WHEREAS, Chapter 35.80 RCW authorizes cities where conditions like those
described above exist to adopt ordinances that would enable such cities to address such
conditions fairly, effectively and with substantial assurance that costs incurred by the City to
abate such conditions could be recovered; and
WHEREAS, the provisions stated below conform to the authority granted by
chapter 35.80 RCW; and
Page 1 of 13
Unfit Dwellings, Buildings
Structures & Premises
WHEREAS, neighbors and neighborhoods are entitled to prompt abatement of
conditions which violate the City's property maintenance codes; and
WHEREAS, it is in the best interests of the City to implement the process and
acquire the powers authorized by chapter 35.80 RCW to address conditions which render
dwellings, buildings, structures, and premises in the City unfit for human habitation and other
uses; and
WHEREAS the State of Washington finds that these are purposes for which
public money may be expended and authorizes local governments to adopt certain specific
regulations for the purpose of abating such dwellings, buildings, structures, premises, and
conditions, expending public funds to do so, and recovering such funds through various means;
NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. A new chapter, Chapter 6.12 entitled " Unfit Dwellings, Buildings,
Structures and Premises" is hereby created and added to the Bremerton Municipal Code to read
as follows:
CHAPTER 6.12
UNFIT DWELLINGS, BUILDINGS, STRUCTURES, AND PREMISES
6.12.010 PURPOSE — FINDINGS.
(a) Pursuant to Chapter 35.80 of the Revised Code of Washington (RCW),
incorporated herein by this reference, as currently enacted and hereinafter amended, the City
Council finds that there are within the City of Bremerton, dwellings which are unfit for human
habitation and buildings, structures, and premises or portions thereof which are unfit for other
uses due to dilapidation, disrepair, structural defects, unpermitted and substandard construction
or modification, filth and other conditions attracting insects or vermin or likely to spread disease,
defects increasing the hazards of fire, accidents, or other calamities, or other similar conditions
and violations of various building, health, and safety regulations, and/or which are vacant,
unsecured, and abandoned or apparently abandoned.
(b) Such dwellings, buildings, structures, and premises are dangerous to occupants,
threaten the public health, safety, and welfare, attract and harbor vagrants and criminals, offend
public values, lower the value of neighboring properties, contribute to neighborhood or
community deterioration, and hamper community and economic development.
(c) When the owners or other persons in possession or control of such properties are
unwilling or unable to correct such conditions in a proper and timely manner, it is in the interest
of the community for the City to intervene and correct, repair, or remove such dwellings,
buildings, structures, premises and conditions and to pursue all legal means to recover from such
persons and/or properties the costs of doing so, including the costs of staff salaries and benefits,
materials, contractors, and all other legally recoverable costs and expenses.
Page 2 of 13
Unfit Dwellings, Buildings
Structures & Premises
6.12.020 DEFINITIONS.
As used in this chapter, unless a different meaning is plainly required:
(a) "Abate" means to repair, replace, remove, destroy or otherwise remedy a
condition that constitutes a civil violation by such means, in such manner, and to such an extent
to put an end to, or otherwise diminish the intensity of, any condition causing a structure to be
dangerous or unfit as the Code Enforcement Officer or the Administrative Hearing Examiner
determines is necessary in the interest of the general health, safety and welfare of the
community.
(b) "Act" means doing or performing something.
(c) "Administrative Hearing Examiner" means the Administrative Hearing Examiner
established pursuant to Chapter 2.13 of the Bremerton Municipal Code which shall serve as the
board as defined in and pursuant to Chapter 35.80 RCW.
(d) "Building" means any permanent or temporary structure enclosed within exterior
walls and a roof, and shall include a dwelling as applicable.
(e) "City" means City of Bremerton.
(f) "Code Enforcement Officer" means public officer as defined in RCW
35.80.020(4) and includes any person or persons authorized by statute, ordinance, regulation,
written City policy, or interlocal agreement, or designated by the Mayor or his or her designee, to
enforce any of the regulations subject to the enforcement provisions of this chapter, and shall
expressly include the City's Code Enforcement Officers; the City Attorney, or his or her
designee; the Chief of the Bremerton Police Department, or his or her designee; the Director of
the Department of Community Development, or his or her designee; the Director of the
Department of Public Works and Utilities, or his or her designee; building inspectors;
construction inspectors; the Chief of the Bremerton Fire Department, or his or her designee; Fire
Code Official, and fire inspectors. For the purpose of RCW 35.80.020(4), Code Enforcement
Officer shall also mean Administrative Hearing Examiner as applicable for the duties set forth in
this chapter for the Administrative Hearing Examiner.
(g) "Complaint" means a written statement, issued by a Code Enforcement Officer,
pursuant to RCW 35.80.030.
(h) "Costs of abatement" means the costs of any abatement action taken by the City to
abate the violation using lawful means in the event that the person responsible for the violation
fails so to do. The term includes incidental expenses including, but not limited to, personnel
costs, both direct and indirect and including attorney's fees; costs incurred in documenting the
violation; hauling, storage and disposal expenses; and actual costs and expenses of the City in
preparing notices, specifications and contracts, and in accomplishing and/or contracting and
inspecting the work; the costs of any required printing and mailing; and costs of enforcement.
(i) "Costs" or "costs of enforcement" means costs incurred related to enforcement
under this chapter, including but not limited to costs of service of notice, costs of the hearing,
administrative costs established by resolution for enforcement of garbage and refuse and
nuisance vegetation violations, as well as other administrative costs.
0) "Day" or "days," as used in this chapter, shall mean calendar days unless
expressly stated otherwise in a given section or subsection. In addition, any portion of a twenty-
four (24) hour day shall constitute a full calendar day.
(k) "Dwelling" shall mean or include any building or structure developed or utilized
for human habitation.
Page 3 of 13
Unfit Dwellings, Buildings
Structures & Premises
(1) " Municipal Court Hearing Examiner" means the Municipal Court Hearing
Examiner established pursuant to Chapter 2.62 of the Bremerton Municipal Code which shall
serve as the appeals commission as defined in and pursuant to Chapter 35.80 RCW.
(m) "Omission" means a failure to act.
(n) "Owner" shall mean the owner or taxpayer shown in the records of the Kitsap
County Assessor -Treasurer, recorded with the Kitsap County Auditor, or as otherwise known to
the City of Bremerton, and shall include any manager or other representative of the owner, or
other person with responsibility for or control over the structure or premises.
(o) "Person" means any individual, firm, association, partnership, corporation or any
entity, public or private.
(p) "Person responsible for the violation" or "person who violates" means, unless
otherwise defined, any person who has titled ownership of the property or structure which is
subject to the regulation, an occupant in control of the property or structure which is subject to
the regulation, a developer, builder, or business operator or owner who is developing, building,
or operating a business on the property or in a structure which is subject to the regulation and/or
any person who created the violation or any person who has control over the property and allows
the violation to continue.
(q) "Property" or "premises" means any building, lot, parcel, real estate or land or
portion of land whether improved or unimproved, including adjacent sidewalks, public rights-of-
way, and parking strips and any lake, river, stream, drainage way or wetland.
(r) "Public Officer" means public officer as defined in RCW 35.80.020(4) and
includes the Code Enforcement Officer and the Administrative Hearing Examiner as defined in
this section.
(s) "Regulation" means and includes the following, as now enacted or hereafter
amended:
(1) All Bremerton Municipal Code provisions making reference to this
chapter;
(2) All standards, regulations and procedures adopted by the City that make
reference to this chapter; and
(3) The terms and conditions of any permit or approval issued by the City, or
any concomitant agreement with the City, pursuant to code provisions that make reference to this
chapter.
(t) "Structure" shall mean or include that which is built or constructed or a portion
thereof and shall include a building or dwelling as applicable.
(u) "Violation" or "civil violation" means an act or omission contrary to a regulation
as defined in subsection (q) of this section. A violation continues to exist until abated to the
satisfaction of the City, with each day or portion thereof in which the violation continues
constituting a separate violation.
6.12.030 AUTHORITY OF PUBLIC OFFICER.
As defined in Section 6.12.020 above, the Public Officer, as used in this chapter, includes
the Code Enforcement Officer and the Administrative Hearing Examiner as applicable, also as
defined in Section 6.12.020 above. The Public Officer is hereby authorized to exercise such
powers as may be necessary or convenient to carry out and effectuate the purposes and
provisions of this Chapter. These powers shall include the following in addition to others granted
in this Chapter:
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(a) To determine; (i) which dwellings are unfit for human habitation; and/or (ii)
which buildings, structures, or premises are unfit for other use;
(b) To administer oaths and affirmations, examine witnesses, and receive evidence;
and
(c) To investigate the dwelling and other property conditions and to enter upon
premises for the purpose of making examinations when the Code Enforcement Officer has
reasonable ground for believing they are unfit for human habitation, or for other use,
PROVIDED, that such entries shall be made in such manner as to cause the least possible
inconvenience to the persons in possession, and to obtain an order for this purpose after
submitting evidence in support of an application which is adequate to justify such an order from
a court of competent jurisdiction in the event entry is denied or resisted;
PROVIDED FURTHER that the Public Officer may recognize and give appropriate
effect to special and extenuating circumstances which, in order to do substantial justice, warrant
the exercise of discretion to adjust the timeframes, standards and other provisions of this chapter.
Examples of circumstances which may warrant such exercise of discretion include, without
limitation, medical illness or disability affecting a property owner's ability to respond to orders
or appear at hearings and bona fide insurance coverage disputes which create a definite risk that
enforcement of this chapter would unfairly result in a substantial economic loss to the property
owner.
6.12.040 CRITERIA FOR UNFIT OR DANGEROUS DWELLINGS,
BUILDINGS, STRUCTURES, AND PREMISES.
The Code Enforcement Officer may determine that a structure is dangerous or unfit for
human habitation or other use if he/she finds that conditions exist in such structure which are
dangerous or injurious to the health, safety, or welfare of the occupants of such structure, the
occupants of neighboring structures, or other residents of the City. Such conditions may include
the following, without limitations:
(a) Any door, aisle, passageway, stairway, or other means of exit is too narrow or
small, or other factors or conditions exist, so as to be unsafe or to hinder safe exit in case of
panic, fire, or other emergency.
(b) The walking surface of any aisle, passageway, stairway, or other means of exit is
so warped, worn, loose, torn, or other factors or conditions exist, so as to be unsafe or to not
provide safe and adequate means of exit in case of panic, fire, or other emergency.
(c) The stress in any materials, member, or portion thereof, due to dead and live
loads, is more than one and one-half times the working stress or stresses allowed in the Building
Code, Chapter 17.04 BMC for new buildings of similar structure, purpose, or location.
(d) Any portion has been damaged by fire, earthquake, wind, flood, deterioration,
neglect, or any other cause, to such an extent that the structural strength or stability thereof is
materially less than it was before such damage or deterioration and is less than the minimum
requirements of the Building Code for new buildings of similar structure, purpose, or location.
(e) Any portion or member or appurtenance thereof is likely to fail, or to become
detached or dislodged, or to collapse and thereby injure persons, damage property, or render
other portions of the structure or premises unsafe or unfit to occupy.
(f) Any portion of a building, or any member, appurtenance, or ornamentation on the
exterior thereof is not of sufficient strength or stability, or is not so anchored, attached, or
fastened in place as to be capable of resisting a wind pressure of one-half of that specified in the
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Building Code for new buildings of similar structure, purpose, or location without exceeding the
working stresses permitted in the Building Code for such buildings.
(g) Any portion thereof is wracked, warped, buckled, settled, or other conditions
exist, such that walls or other structural portions have materially less resistance to wind,
earthquakes, snow, or other loads, than is required in the case of similar new construction.
(h) The building or structure, or any portion thereof, because of (i) dilapidation,
deterioration, or decay; (ii) faulty construction; (iii) the removal, movement, or instability of any
portion of the ground necessary for the purpose of supporting such building; (iv) the
deterioration, decay, or inadequacy of its foundation; or (v) any other cause, is likely to partially
or completely collapse.
(i) For any reason, the building or structure, or any portion thereof, is manifestly
unsafe for the purpose for which it is being used or is designed and intended to be used.
0) The exterior walls or other vertical structural members list, lean, or buckle to such
an extent that a plumb line passing through the center of gravity does not fall within the middle
one-third of the base.
(k) The building or structure, exclusive of the foundation, shows 33% or more
damage or deterioration of its supporting member or members, or 50% damage or deterioration
of its non -supporting members, enclosing or outside walls or coverings.
(1) Any structure or premises that is damaged by fire, wind, earthquake, flood, or any
other cause, has become dilapidated, deteriorated, or neglected, or is abandoned or apparently
abandoned and not thoroughly and adequately secured against unauthorized entry, so as to (i) be
an attractive nuisance to children; (ii) attract and/or provide harborage for vagrants, criminals, or
immoral persons; or (iii) enable persons to resort thereto and commit unlawful, immoral, or
dangerous acts.
(m) Any building or structure has been constructed, exists, or is maintained in
violation of any specific requirement or prohibition applicable to such building or structure
provided by the building regulations of this jurisdiction, as specified in the Building Code,
Chapter 17.04 BMC or of any other law of this State or ordinance of the City relating to the
condition, location, or structure of buildings.
(n) Any building or structure, which, whether or not erected in accordance with all
applicable laws and ordinances, has in any non -supporting part, member, or portion less than
50% or in any supporting part, member, or portion less than 66% of the (i) strength, (ii) fire -
resisting qualities or characteristics, or (iii) weather -resisting qualities or characteristics required
by law for newly -constructed buildings of like area, height, and occupancy in the same location.
(o) Any structure or premises which, because of: neglect, dilapidation, decay,
damage, or faulty construction; inadequate light, air, or sanitation facilities; infestation of
rodents, roaches, wood -destroying organisms, or other vectors of disease; filth or accumulation
of garbage; or for any other reason, is unsanitary, unfit for human habitation or occupancy, or in
such a condition that is likely to cause sickness or disease.
(p) A structure or premises, because of obsolescence, deterioration, damage, lack of
sufficient or proper fire -resistive construction or fire -protection systems, faulty electric wiring or
components, gas connections, or mechanical systems, or other cause, is determined by the Fire
Marshal to be a fire hazard.
(q) Equipment or systems which are unsafe due to damage, deterioration, faulty or
inadequate maintenance or construction, or any other reason.
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(r) Any portion of a structure remaining on a site after the demolition or destruction
of the structure or any structure abandoned so as to constitute such structure or portion thereof an
attractive nuisance or hazard to the public.
(s) Any building or structure in such a condition as to constitute a public nuisance
known to the common law or in equity jurisprudence.
(t) Any other condition the Building Official or other official or expert can articulate
that renders the structure unsafe or unfit for habitation or occupancy.
6.12.050 INSPECTION AND COMPLAINT.
(a) Complaint and Service. If, after a preliminary investigation of any dwelling,
building, structure, or premises, the Code Enforcement Officer finds that it is dangerous or unfit
for human habitation or other use, he/she shall cause to be served either personally or by certified
mail, with return receipt requested, upon all persons having any interest therein, as shown upon
the records of the Kitsap County Auditor, and shall post in a conspicuous place on such property,
a complaint stating in what respects such dwelling, building, structure, or premises is unfit for
human habitation or other use. If the whereabouts of any of such persons is unknown and the
same cannot be ascertained by the Code Enforcement Officer in the exercise of reasonable
diligence, and the Code Enforcement Officer makes an affidavit to that effect, then the serving of
such complaint or order upon such persons may be made either by personal service or by mailing
a copy of the complaint and order by certified mail, postage prepaid, return receipt requested, to
each such person at the address of the building involved in the proceedings, and mailing a copy
of the complaint and order by first class mail to any address of each such person in the records of
the Kitsap County Treasurer -Assessor or Auditor.
(b) Notice of Hearing. Such complaint shall contain a notice that a hearing will be
held before the Administrative Hearing Examiner, at a place therein fixed, not less than ten days
nor more than thirty days after the serving of the complaint; and that all parties in interest shall
be given the right to file an answer to the complaint, to appear in person, or otherwise, and to
give testimony at the time and place in the complaint. The rules of evidence prevailing in courts
of law or equity shall not be controlling in hearings before the Administrative Hearing Examiner.
(c) Filing of Complaint. A copy of such complaint shall also be filed with the Kitsap
County Auditor and such filing of the complaint or order shall have the same force and effect as
other lis pendens notices provided by law.
6.12.060 FINDINGS AND ORDER.
(a) Findings. The Administrative Hearing Examiner may determine that a dwelling,
building, structure, or premises is unfit for human habitation or other use if it finds that
conditions exist in such dwelling, building, structure, or premises which are dangerous or
injurious to the health or safety of the occupants of such dwelling, building, structure, or
premises, the occupants of neighboring dwellings, or other residents of such municipality. Such
conditions may include the following, without limitations: Defects therein increasing the hazards
of fire or accident; inadequate ventilation, light, or sanitary facilities, dilapidation, disrepair,
structural defects, uncleanliness, overcrowding, or inadequate drainage based on City Building
Code, Fire Code and other applicable City codes.
(b) Order and Service. If, after the required hearing, the Administrative Hearing
Examiner determines that the dwelling is dangerous or unfit for human habitation, or building or
structure or premises is unfit for other appropriate use, he/she shall state in writing his/her
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findings of fact in support of such determination, and shall issue and cause to be served upon the
owners and parties in interest thereof, as provided in BMC 6.12.050, and shall post in a
conspicuous place on the property, an order that (i) requires the owners and parties in interest,
within the time specified in the order, to repair, alter, or improve such dwelling, building,
structure, or premises to render it fit for human habitation, or for other appropriate use, or to
vacate and close the dwelling, building, structure, or premises, if such course of action is deemed
proper on the basis of the standards set forth in 6.12.040 above; or (ii) requires the owners and
parties in interest, within the time specified in the order, to remove or demolish such dwelling,
building, structure, or premises, if this course of action is deemed proper on the basis of those
standards. If no appeal is filed, a copy of such order shall be filed with the Kitsap County
Auditor.
(c) Demolition of Structure. In ordering the required course of action to be taken by
the owner to abate the unfit or dangerous structure, the Administrative Hearing Examiner may
order the structure or a portion thereof demolished and not repaired under the following
circumstances:
(1) The structure is patently illegal with regard to building, zoning, or other
regulations;
(2) The estimated cost to repair the structure or portion thereof is more than
50% of the value of the structure or portion thereof, or
(3) The estimated cost to repair the structure or portion thereof is less than
50% of the value and repairing and/or securing the structure from entry would, nevertheless,
cause or allow the structure to remain a hazard or public nuisance, continue a non -conforming
use, or otherwise be an unreasonable use of public funds.
(d) Value of Structure. The value of the structure shall be as determined by the
Kitsap County Assessor -Treasurer. In estimating the cost of repairing the structure, the
Administrative Hearing Examiner may rely upon such cost estimating publication or method the
Building Official deems appropriate.
6.12.070 APPEALS.
(a) Municipal Court Hearing Examiner. Within thirty (30) days from the date of
service upon the owner and posting of the decision issued by the Administrative Hearing
Examiner under BMC 6.12.060 above, the owner or any party in interest may file an appeal with
the Municipal Court Hearing Examiner, serving as the appeals commission pursuant to RCW
35.80.030. Appeals shall be filed pursuant to RCW 35.80.030(g).
(b) Order. Absent an injunction issued by a court of competent jurisdiction, in
accordance with RCW 35.80.030(2), within thirty (30) days after posting and service of the
Municipal Court Hearing Examiner's Order, the decision of the Municipal Hearing Examiner
shall be final. The findings and orders of the Municipal Court Hearing Examiner shall be
reported in the same manner and shall bear the same legal consequences as if issued by the
Administrative Hearing Examiner.
(c) Superior Court. An appeal of the decision of the Municipal Court Hearing
Examiner pursuant to Subsection (b) above must be filed with the Superior Court within thirty
(30) calendar days of the issuance of the decision.
(d) Service. Service shall be deemed complete when the Administrative Hearing
Examiner hearing or Municipal Court Hearing Examiner, or his or her assistant, hands any order,
ruling, decision, or other document to a person prior to, during, or after a hearing or sends by
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certified mail, with return receipt requested, any order, ruling, decision, or other document to a
person having an interest therein.
6.12.080 ENFORCEMENT OF ORDER.
(a) If the owners or parties in interest, following exhaustion of his or her rights to
appeal, fails to comply with the final order to repair, alter, improve, vacate, close, remove, or
demolish the dwelling, building, structure, or premises, the Code Enforcement Officer may direct
or cause such dwelling, building, structure, or premises to be repaired, altered, improved, vacated
and closed, removed, or demolished.
(b) In the enforcement of this section, the Code Enforcement Officer is authorized to
enter the structure and/or premises for inspection, testing, sampling, or other purposes
preparatory to and in the conduct of the repairs, demolition, or other actions, to hire contractors
as necessary to perform the work, and to spend public funds to complete the work.
6.12.090 SALE OR DISPOSAL OF MATERIALS AND CONTENTS.
If the dwelling, building, structure, or premises is removed or demolished by the Code
Enforcement Officer, the Code Enforcement Officer shall, if possible, sell the materials of such
dwelling, building, structure, or premises in accordance with procedures set forth in BMC
2.76.150, BMC 2.78.0 10 and other applicable laws and policies and shall credit the proceeds of
such sale against the cost of the removal or demolition and if there be any balance remaining, it
shall be paid to the parties entitled thereto, as determined by the Code Enforcement Officer, after
deducting the costs incident thereto.
6.12.100 RECOVERY OF COSTS AND EXPENSES.
(a) Costs of Abatement. The amount of the cost of such repairs, alterations or
improvements; or vacating and closing; or removal or demolition by the Code Enforcement
Officer, shall be assessed against the real property upon which such cost was incurred unless
such amount is previously paid.
(b) Related Costs. For purposes of this section, the cost of vacating and closing shall
include all reasonable expenses, including but not limited to, the costs of staff time, materials,
incidentals, mailing, publishing, and recording notices.
(c) Certification and Final Order. Upon certification by the City Treasurer of the
assessment amount being due and owing, the Code Enforcement Officer will send a notice to the
property owner requesting payment and scheduling a hearing in front of the Administrative
Hearing Examiner to sign a final order certifying the assessment amount due and owing that
would be sent to the Assessor. The final order is not appealable to the Municipal Court Hearing
Examiner.
(d) Assessment on Property. If unpaid, the final order certifying the assessment
amount due and owing shall be sent to the County Assessor/Treasurer to enter the amount of
such assessment upon the tax rolls against the property for the current year and the same shall
become a part of the general taxes for that year to be collected at the same time and with interest
at such rates and in such manner as provided for in RCW 84.56.020 for delinquent taxes, and
when collected to be deposited to the abatement fund of the City.
(e) Lien. Pursuant to RCW 35.80.030(1)(h), the amount of such costs shall constitute
a lien against the property of equal rank with state, county, and municipal taxes.
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6.12.110 PERMITS AND REGULATIONS.
All repairs, improvements, maintenance, or other work, performed in relation to any
enforcement under this code shall be performed and completed in compliance with all permitting
and other requirements of all applicable codes and regulations. The owner shall be responsible
for identifying and complying with all applicable codes and regulations.
6.12.120 REMEDIES NOT EXCLUSIVE.
(a) This section does not abrogate or impair the powers of the courts or of any
department of the City to enforce any provisions of its charter or its ordinances or regulations,
nor to prevent or punish violations thereof, and the powers conferred by this section shall be in
addition and supplemental to the powers conferred by any other law.
(b) This section does not impair or limit in any way the power of the City to define
and declare nuisances and to cause their removal or abatement, by summary proceedings or
otherwise.
SECTION2. Section 2.62.045 of the Bremerton Municipal Code entitled
"Municipal Court Hearing Examiner — Procedure — Appeal" is hereby amended to read as
follows:
2.62.045 MUNICIPAL COURT HEARING EXAMINER - PROCEDURE -
APPEAL.
(a) The Municipal Court Hearing Examiner shall have jurisdiction to receive, hear
and rule on complaints referred under the City's Code of Ethics, Chapter 2.96 BMC. All
references to Hearing Examiner in Chapter 2.96 BMC shall mean Municipal Court Hearing
Examiner.
(b) The Municipal Court Hearing Examiner shall also have jurisdiction and to
receive, hear and rule on appeals of administrative decisions specified in the following chapters
of the Bremerton Municipal Code:
(1) Animals, Chapter 7.12, Dangerous Animals, and Chapter 7.16 BMC,
Miscellaneous Provisions,
(2) Traffic, Chapter 10.10 BMC, Parking Code, and Chapter 10.20 BMC,
Commute Trip Reduction Plan,
(3) Nuisance Properties, Chapter 6.12 BMC, Unfit Dwellings, Buildings and
Structures.
In addition to the chapters identified above, the Municipal Court Hearing Examiner shall
have jurisdiction to hear and rule on other matters as may be designated by the Bremerton
Municipal Code.
(c) For appeals from a final decision of the Administrative Hearing Examiner issued
under Chapter 6.12 BMC, the Municipal Court Hearing Examiner shall have jurisdiction to
receive and rule on meals pursuant to the time period and procedures for appeals set forth in
Chapter 6.12 BMC.
(d) For all other appeals,the Municipal Court Hearing Examiner shall have
jurisdiction to receive and rule on appeals by aggrieved appellants of administrative decisions
after a written complaint has been denied by the Department Director or designee. Appeals to the
Municipal Court Hearing Examiner from any final administrative decision covered by the
provisions of this chapter shall be made within seven (7) working days, unless a different appeal
period is specifically provided for in the Bremerton Municipal Code relating to the appeal, from
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the date of appellant's notification of the decision. Date of mailing shall be considered date of
notification. Appeals shall include the appellant's name, address and telephone number, the
written decision being appealed and the municipal code section establishing the appeal.
(e) Appeals shall be accompanied by a filing fee, pursuant to Chapter 3.01 BMC,
which shall be refunded if the appellant substantially prevails. The Municipal Court Judge shall
adopt rules for scheduling and conduct of administrative hearings.
Unless otherwise provided by State law or the Bremerton Municipal Code,
enforcement of the administrative decision being appealed to the Municipal Court Hearing
Examiner shall be stayed during the pendency of an appeal which has been properly and timely
filed, provided there is not imminent threat to the public's safety and welfare.
(g) The Municipal Court Hearing Examiner's decision shall be final and conclusive
unless the appellant or the City files for a writ of certiorari in Kitsap County Superior Court
within thirty (30) days. Procedures of this section including filing fee and appeal of the
Municipal Court Hearing Examiner's decision shall apply unless different procedures are
specified in the ordinance establishing the administrative appeal.
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SECTION 3. Section 1.04.120 of the Bremerton Municipal Code entitled "Costs
of Abatement - Lien" is hereby amended to read as follows:
1.04.120 COSTS OF ABATEMENT - LIEN.
(a) Costs of Abatement. The costs and incidental expenses of any abatement action
taken by the City as defined in BMC 1.04.020(g), including costs of enforcement set forth in
BMC 1.04.020(h), shall become a charge to the person responsible for the violation. These
charges may be assessed against the person responsible for the violation or the property upon
which the violation occurred. Costs of abatement must be paid to the City within ten (10)
calendar days from the date of mailing of notice from the City that the costs are due. The City
may use any lawful means to collect charges, including but not limited to those set forth in BMC
1.04.130. The City Attorney, or his or her designee, is authorized to take legal action to collect
the costs of any abatement. All such costs and expenses shall constitute a lien against the
affected property, as set forth in subsection (b) of this section.
(b) Lien - Authorized.
1. Account of Expense. The code enforcement officer shall keep an itemized
account of expense incurred for the cost of abatement of property. Upon completion of the work,
the code enforcement officer shall prepare and file with the City Clerk a report specifying the
work done, the itemized total cost of the work, including administrative charge, a description of
the property abated, and the name and addresses of the owner or agent, and occupant or tenant if
known.
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(2) T- -affi B14G T -41e
10.
SECTION 3. Section 1.04.120 of the Bremerton Municipal Code entitled "Costs
of Abatement - Lien" is hereby amended to read as follows:
1.04.120 COSTS OF ABATEMENT - LIEN.
(a) Costs of Abatement. The costs and incidental expenses of any abatement action
taken by the City as defined in BMC 1.04.020(g), including costs of enforcement set forth in
BMC 1.04.020(h), shall become a charge to the person responsible for the violation. These
charges may be assessed against the person responsible for the violation or the property upon
which the violation occurred. Costs of abatement must be paid to the City within ten (10)
calendar days from the date of mailing of notice from the City that the costs are due. The City
may use any lawful means to collect charges, including but not limited to those set forth in BMC
1.04.130. The City Attorney, or his or her designee, is authorized to take legal action to collect
the costs of any abatement. All such costs and expenses shall constitute a lien against the
affected property, as set forth in subsection (b) of this section.
(b) Lien - Authorized.
1. Account of Expense. The code enforcement officer shall keep an itemized
account of expense incurred for the cost of abatement of property. Upon completion of the work,
the code enforcement officer shall prepare and file with the City Clerk a report specifying the
work done, the itemized total cost of the work, including administrative charge, a description of
the property abated, and the name and addresses of the owner or agent, and occupant or tenant if
known.
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2. Report Transmitted to Council. Upon receipt of the report, the City Clerk
shall present it to Council for consideration. The Council shall fix a time, date and place for
hearing the report and any protests or objections thereto. The City Clerk shall cause notice of
said hearing to be posted upon the property involved, and served by certified mail, postage
prepaid, addressed to the owner or agent of the owner, and occupant or tenant if known. If the
tenant or occupant is not known, notice shall be sent by first class mail to the occupant of the
residence subject to the abatement. Such notice will be given at least ten (10) days prior to the
date set for hearing and shall specify the date, hour and place when the Council will hear and
pass upon the code enforcement officer report, together with any objections or protests which
may be filed as hereinafter provided by any person interested in or affected by the proposed
charge. Notice of the hearing shall also be published in a newspaper of general circulation in the
City of Bremerton when required by law.
3. Protests and Objections. Any person interested in or affected by the
proposed charge may file written protests or objections with the City Clerk prior to the hearing.
Each protest must state the grounds of such protest or objection. The Clerk shall present such
protests and objections to the Council at the time of the hearing and no other protests or
objections will be considered.
4. Hearing. The Council shall hear and pass upon the report of the code
enforcement officer, together with objections and protests. The Council may revise or modify the
report as it may deem just. When the Council is satisfied with the correctness of the charge, the
report, together with the charge, shall be confirmed or rejected. The decision of the Council on
the report and the charge, and on all protests or objections, shall be final and conclusive.
(c) Assessment against Property. The City shall have a lien for the costs and
incidental expenses of any abatement as defined in BMC 1.04.020(g), for the cost of any
abatement action taken by the City, under this chapter, against the real property on which the
work of abatement was performed as follows:
1. Unfit Structures. Liens established as the result violations of the
International Property Maintenance Code as adopted pursuant to BMC 17.04.020 and amended
pursuant to BMC 17.04. 110 (the "IPMC") shall be assessed pursuant to the IPMC as currently
enacted and Thereinafter amended i toe F l --e
ad herein by r-efer-enee, t4e lien shall be assessed "on the ta* r-ells of the sub_tea
2. Garbage. Liens for garbage and rubbish abatement shall be assessed
against the subject property pursuant to RCW 35.21.140 and 35.21.150 and shall be prior to all
liens filed subsequent to the filing of the notice of lien with the county auditor, except liens of
general taxes and local improvements.
3. Nuisance Vegetation. Liens for nuisance vegetation abatement, when
initiated by City Council resolution, whether or not enforced in conjunction with a hearing
before the Administrative Hearing Examiner pursuant to BMC 1.04.080, shall be assessed
against the subject property pursuant to RCW 35.21.3 10 and shall be enforced and foreclosed in
the manner as provided by law for liens for labor and materials.
4. Other. Other liens shall be assessed against the subject property as
authorized by law or court order.
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(d) For any unfit dwelling, building, structure or premise abated pursuant to Chapter
6.12 BMC, the recovery of costs and expenses for such abatement shall be processed and
assessed pursuant to BMC 6.12. 100 and the provisions of this section shall not be applicable.
SECTION 4. Severability. If any one or more sections, subsections, or sentences
of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the
validity of the remaining portion of this ordinance and the same shall remain in full force and
effect.
SECTION 5. E_ifective Date. This ordinance shall take effect and be in force ten
(10) days from and after its passage, approval and publication as provided by law.
PASSED by the City Council the day of , 2018.
ERIC YOUNGER, Council President
Approved this day of , 2018.
ATTEST:
GREG WHEELER, Mayor
APPROVED AS TO FORM:
SHANNON CORIN, City Clerk ROGER A. LUBOVICH, City Attorney
PUBLISHED the day of , 2018.
EFFECTIVE the day of , 2018.
ORDINANCE NO.
RALegal\Legal\Ordinances\Code Enforcement\Nuisance Properties5 - Chapter 6.12 BMC - Final.docx
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2018 NUISANCE PROPERTY ABATEMENT PROGRAM
Mayor Wheeler and the Bremerton City Council desire to move forward with a more proactive
(non -complaint) based code enforcement program. The purpose of this document is to outline a
new strategy for code enforcement, outline the new procedures that will be used to review
complex abatement cases and the creation of a "Technical Working Group" and a "Housing
Resource Group," and the need to establish and utilize new regulatory tools to fast-track the
abatement of blighting conditions in the City of Bremerton.
NEW STRATEGY
New code enforcement staff position (starting mid -year) will focus on proactive code
enforcement on three types of neighborhood concerns:
• Weeds
• Garbage
• Graffiti
These three code enforcement issues were chosen based on the top code enforcement issues
that were processed in 2017, as shown in the graph below. The graph shows that there were a
total of 730 complaints received in 2017. The top three complaints were: Weeds (264),
Garbage (167), and Graffiti (65).
HOUS,
NUIS, 36
OTHER, 2 -
PERM, 45 -
ROW, 5
UNSF. B
Complaints By Type 2017 (730)
GARB, 167
I
WEEDS, 264 I
RE, 12
;ARS. 9
BLDG, 7
BBO, 42
ZONE, 63
CREATION OF "CODE ENFORCEMENT — TECHNICAL WORKING GROUP" (CE-TWG)
Purpose of the CE-TWG is to evaluate the difficult code enforcement cases and make a
recommendation to Mayor Wheeler what the appropriate abatement action should be to obtain
resolution and which sites will be prioritized. The group should also be used to develop target
areas for the proactive code enforcement program.
The CE-TWG will meet quarterly to evaluate each open case with the following criteria:
• The record of building, housing, environmental, health, and zoning code violations.
• Documentation of likelihood that abatement will prevent deterioration of surrounding
properties.
• Visibility of the site within the community.
• Likely value of the property after abatement.
• Estimated total cost of enforcement and abatement actions including administrative
and quasi-judicial costs.
• Effectiveness of abatement actions in removing violation.
• Criminal activity record of the site.
• Documentation of health and safety threat that the site presents to the community,
especially children.
Technical Working Group will be comprised of:
• Community Development Director (Andrea Spencer)
• Code Enforcement Officer (Janet Lunceford)
• Assistant City Attorney (Kylie Purves)
• Community Resource Officer (Joe Sexton)
• Kitsap Public Health District (Daydra Denson)
CREATION OF "CODE ENFORCEMENT & HOUSING — RESOURCE NETWORK"
Mayor Wheeler desires to establish a Resource Network to support the City's abatement
program and our community. The Resource Network could be called on as support to the Mayor
and the CE-TWG to find solutions to difficult housing issues within the City as we progress with
abatements. Members of the Resource Network will be comprised of various experts within the
housing field such as:
• Bremerton Housing Authority
• Kitsap Community Resources
• Kitsap County Housing and Homelessness Program
• Housing Justice Project (kitsaplegaIservices.org/housing-justice-project/) — Kitsap Legal
Services
• Northwest Justice Project (nwjustice.org)
• Puget Rental Owners Association
IMPLEMENTATION OF NEW ABATEMENT CODES
The abatement process is diagramed on the following page. The flowchart shows both existing
and proposed new procedures to abate blighting conditions within the City.
Our existing codes: The City currently has two ways to conduct code enforcement activities.
The first is through BMC 1.04 which is "Code Enforcement" and the second is through BMC 9.92
"Chronic Nuisance Properties." These two procedures are shown in the flowchart in blue and
green.
The first new tool: The yellow flowchart indicates the process that would occur if a section of
the BMC was established. BMC Section 6.12 would create a new process for unfit dwellings,
building and structures. This new process is streamlined and allows abatement actions through
the City's Hearing Examiner and Municipal Court and a potential clean and secure building in 60
days if there is no appeal filed to Superior Court.
The second new tool: The orange flowchart indicates implementation of RCW 7.60 to establish
a "Receiver" for abandoned nuisance properties. These provisions are available to the City now
without any code amendments necessary. Use of this tool would allow properties to be clean
and sold to new owners in approximately 4-6 months.
Unused existing tool: The graphic also shows a fifth flowchart in grey, which indicates that the
City could seek resolution of code issues through criminal prosecution. This is a tool that is
currently available to us, but is generally not utilized for code enforcement purposes.
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CITY COUNCIL 345 6th Street, Suite 100, Bremerton, WA 98337 Phone (360} 473-5280
2418 City Council Goals & Priorities
Established at the Joint Planning Session on February 10, 2018
1. Local Streets and Sidewalks Improvements (Public Works Committee)
• Develop a Sidewalk Policy and Work Plan
• Action Plan for Local Street Repair
• Secure Additional Funding
2. Economic Development Finance, In ,,stir rit & Parking Committer
• Review B & O Tax Policy
• Support/Develop Business Friendly Policies
• Support Opportunity Zones designated in the City
3. Improve Intra -City Traffic Flow and Reduce Parking Congestion
yr•`reuXrC=�, iPrV'E;'��rr7�rPi ck 1'"c"x�'}�Pf3C-ff �.�JI?Pf'77f��€�,�
• Develop and Implement a Comprehensive Parking Plan
4. Code Enforcement 'Public Safety & Barks Cominittee)
• Design and Implement Proactive Code Enforcement Program and Codes
5. Work with Kitsap Transit to Improve Public Transportation in
Bremerton (Kitsap Transit Boar)
6. Quality Affordable Housing (Public safety & Parks Committee)
• Rental Housing Safety Program
• Establish stronger connection with Bremerton Housing Authority
• Explore opportunities with other stakeholders
• Develop a coordinated County -wide response to homeless issues by
working more closely with Kitsap County, Port Orchard, Poulsbo, and
Bainbridge Island on homelessness problems and solutions
7. Improve Kitsap Lake Water Quality (Public Safety & Parks Committee)
8. Increase Public Outreach through Social Media 'L-�ntire Council)
Vuidelines for elected and appointed officials
using social media
Social media is a toot growing in popularity for
developing direct communications with your
community and creating informal opportunities to
reach out beyond official publications. City policies
should cover the "official" city account, employee
use of social media inside and outside of work, and
elected official use of social media.
The extent to which a jurisdiction or individual uses
social media varies. Before engaging you should
assess your risk tolerance and make sure certain
laws -- such as the Public Records Act and Open
Public Meetings Act — are followed.
A few clarifying definitions...
Social media can include websites and applications
that enable users to create and share content or to
participate in social networking.
A social platform is a web -based technology that
enables the development, deployment and
management of social media solutions and
services.
A third -party system is any system maintained by
another entity. This could include Twitter,
Facebook, Wordpress, Google, phone carriers, and
more.
Know when social media is a public record
A recent court decision (Nissen v. Pierce County)
case outlined a test for when a document on a
third -party system is created within the "scope of
employment" and is a public record. Scope of
employment may include elected officials acting
within their capacity as a mayor or councilmember.
This includes when an employee or elected official
is:
■ Required by the job duties or
• Directed by the employer or
• In furtherance of the employer's interests
Retention of documents, including social media, is
based on the content and not the platform. City
policy should consider retention and adopt a
process outlining responsibilities.
Make a clear distinction between official
accounts, campaign accounts, and
personal accounts
One way elected officials and staff can clearly
distinguish private social media accounts is by
adding disclaimers on election and personal
accounts, and not using the account for city
business. City -sponsored accounts may not be
used for campaign -related purposes.
To keep a personal account from becoming subject
to public records, consider some basic precautions.
Do:
• Post a disclaimer on your personal account that
identifies the account purpose and that the
opinions you express are your own.
• Limit the account content to personal use.
• Understand and use privacy settings to manage
the account.
• Have a plan in place to respond to or forward
city -related comments to the city, including how
the record is retained.
Don't:
• Don't write posts on personal accounts that
would fit within the scope of employment.
• Don't discuss your private accounts in public
meetings or documents.
• Don't link to your private accounts from an
official city account.
• Don't use city devices to maintain your private
account.
First amendment and employment rights
City policies should strike an appropriate balance
between privacy, liability, and public records
concerns. Employees have first amendment and
employment rights that need to be balanced
against impacts to the image and liability of the city.
City policies should provide clear guidance on use
of official accounts and advice for keeping clear
distinctions between official and personal accounts.
(See precautions noted above.)
Develop and follow your city policy
City council policies should address situations that
apply to council members and their unique needs.
Specifically, council policies should address open
public meetings implications, the intersection with
campaign rules, impacts on council decision
processes, and public records and retention issues.
■ Evaluate how the elected official and city will
respond if an elected official's personal account
receives a complaint or public records request.
• Establish a process to follow if an elected
official receives a city -related question or
comment on their personal account. Outline
how the question or comment will be
addressed, and how the record will be retained.
• Limit °friending" or "liking" by elected officials or
board members subject to the Open Public
Meetings Act. While court guidance is evolving,
elected officials need to avoid inadvertent serial
meetings that would violate the notice and
public meeting requirements. Courts have
found those to occur when a chain of
conversations involving "action" by a quorum of
the council occurs. Passive receipt of
information is generally not considered to be
action.
Council may consider adopting rules that
outline usage and etiquette, including use both
inside and outside of meetings.
Establish procedures for approval of official city
social media use that considers retention when the
accounts are created.
■ Establish an approval process before a city
account is created.
• Define who is allowed to post.
• Outline processes related to disclosure of
passwords, regular password changes, and
security.
■ Know how access will be provided if requested
as part of a public records request.
• Research your third -party vendor's retention
policy and consider investing in retention
software.
• Consider limiting posts to "secondary copies" of
documents that are already available on a
platform that is more easily retained, such as
the website.
• Consider non -city accounts or websites your
city may or may not link to. Some cities avoid
linking to accounts or websites they do not
control.
Address when and how accounts could be
subject to search for public records, and require
employees to cooperate in searches and
providing affidavits.
Prohibit activities that would be prohibited in
other contexts such as: use of public resources
for campaign activities; defamatory,
discriminatory, or obscene language; violations
of intellectual property rights; disclosure of
confidential or HIPAA protected healthcare
information.
For more information
MRSC information and sample polices: mrsc.org/Home/Explore-Topics/Management/Information-
Technology/Social-Media.aspx#Wash
State Archives: www.sos.wa.gov/_assets/archives/RecordsManagement/Blogs-Twitter-and-Managing-Public-
Records-Nov-2013.PDF
Association of Washington Cities 1 1076 Franklin St SE, Olympia, WA 98501 1 awcnet.org 1360-753-4137
Establishing Effective Social Media Policies for your Agency
February 24, 2015 by Josh Mahar
With Facebook now at over billion users and
Twitter nearing 300 million, it is hard to ignore
10001, social media as an integral part of citizen and
community engagement. Local governments
should, and are, jumping into the social media
.�' arena to both disseminate important government
information and to gauge public opinion on
«.' projects and initiatives. That said, social media
y�. can be a double-edged sword. Although there are
low barriers to getting involved on social media,
there are resource and time commitments that
x �o wr come with it. Further, as some agencies are
learning, a few missteps on social media can have serious negative consequences. To ensure your
agency uses social media as effectively as possible, I've put together a few key elements you should
consider prior to diving in. Ideally, your agency should codify this information in a clear social media
policy that all social media managers and department heads adhere to. I've sprinkled a few of my favorite
examples in the post below, but you can find a broader list in our sample document library.
Identify a purpose and goals.
It's best to begin simply with your objective; don't do social media just to do social media. Establishing
the goals of your social media presence will help create some boundaries for how social media
managers use it, and also provide a baseline for measuring success. A good example is Cheney's
purpose of using social media: "As a channel for disseminating time -sensitive information as quickly as
possible and as a communications tool which increases the City's ability to broadcast its messages to the
widest possible audience." Some jurisdictions, such as 3onney Lake and King County, require
departments or programs to submit social media proposals for each account that they start to clarify a
need and purpose for that distinct social presence.
Clarify the logistics.
As with any program, the devil is in the details. For the most part, social media details will need to be
flexible and experimental, but there are a number of logistical considerations worth spelling out in an
agency -wide policy at the outset.
• Frequency of posting - It may be useful to set up a minimum posting frequency to ensure your
accounts stay consistent. Bonney Lake requires updates "at least once per week".
• Voice and tone - You will need to decide how formal you'd like your social media accounts to be.
You can lean toward the professional side, like Clallam County which states content should be,
"businesslike, courteous, and civil." Or, maybe you want a little more touch of the
personal. Bothell suggests posters consider "signing posts with at least your first name, or name
and contact information where appropriate."
• Imagery Guidelines - Make sure you clarify issues surrounding required permissions for using
other's content, as well as your own, to ensure compliance with copyright issues (see Redmond's
op Ijcy).
• Accessibility - Section 508 of the Federal Rehabilitation Act requires that electronic information
is accessible to people with disabilities. This can be hard on social media, but should be
considered. One way to address this is to require clear descriptions and captions whenever
imagery is used, as does.
Define the rules of public Engagement.
Discussion, interaction, and engagement are a crucial part of social media. Encourage this, but also set
up clear limits on what is appropriate. Both and Clallam County have good examples of content
policies, clearly identifying material that will be immediately removed if posted, such as obscene/
discriminatory language or commercial advertisements. Don't forget to post your comment policy
publicly, so you can direct people to it if they have questions about why their content was removed.
On the flip side, you should also have a clear policy on how employees respond to comments. Social
media conversations can sometimes get heated and when an employee responds, as King County
notes, "these statements are made on behalf of county government; therefore employees should use
discretion before posting or commenting." Bothell requires that, "unless the comment can be responded
to in one sentence or less, respond with a name and phone number." They also advise that media
inquiries or issues outside the department's expertise should be directed to the public information officer.
Consider public records issues.
Washington's courts haven't fully fleshed out all the details of how the PRA relates to social media, but
it's probably best to assume that your social media information should be available for public disclosure.
Make sure you have a discussion about how you will retain these records, whether through purchasing
software (some examples here) or another method — �;heney stores social media content in word
documents. Remember, whatever your method, these rules should also be applied to private messages
and deleted comments or posts. Since social media is a bit different than other public forums, it is a good
idea to clearly state to the public that posts on your social media are considered public records.
Call out elected official use.
Due to the Open Public Meetings Act, social media becomes even more complex for elected officials,
since their online conversations may be illegal. Some jurisdictions, like , have a whole separate
policy for how elected officials use social media. At the very least, you should clarify what they can and
can't do, for example, Bonney Lake asks elected officials to, "not comment or otherwise communicate on
the City's Social Media site(s)."
Establish a review process.
Finally, build in a review process for your social media use. Social media is one of the most dynamic
forms of communication, and what's working today, may not work tomorrow. Bothell has one of the most
robust review processes. The public information officer is responsible for conducting an audit of social
accounts every six months, "to ensure they are being maintained in compliance with policies and
guidelines..." They have also established a Bothell 2.0 working group that consist of social media and
other employee web contributors. At monthly meetings they share experiences, highlight tips, and review
recent issues, challenges, or questions.
For further information on social media and local government see the MRSC social media webpage.
SOCIAL MEDIA USE BY PUBLIC AGENCIES
- SOME TIPS AND CONSIDERATIONS
00
March 2017
AGENCY SOCIAL MEDIA
1. Educate Your Agency BEFORE Your Agency Launches Social Media
a. Review articles about social media uses by government agencies - the Municipal
Research and Services Center has several; see Association of Washington Cities
guidelines
b. Review State Archives guidance on retention requirements for social media postings
c. Review samples policies (several available on MRSC website)
d. Review other pertinent materials; possible legal issues (see below)
2. Be Clear About Your Agency's Business Purpose for Using Social Media
a. Why are you using it?
b. Which social media options achieve that purpose? (And what are their terms of service?
Is your agency authorized to agree to them?)
3. Consider Legal Issues: Decide How Social Media Records Will Be Retained and Produced
a. Retention: RCW 40.14
b. Production: RCW 42.56 (Public Records Act); Discovery/Subpoenas
4. Consider Additional Leval Issues: The Open Public Meetings Act; Lobbying/Campaign
Restrictions; Public Records Act Requests; Open Forums; Ethical/Risk Management Issues;
Others
a. OPMA Issues —RCW 42.30: Quorum participating on social media site
b. Lobbying & Campaign Restrictions Issues — RCW 42.17A: No grassroots lobbying by
public agencies; no campaigning with public resources
r.. PRA Issues —42.56: Will your agency accept PRA requests via social media?
d. Legal Notices: Will your agency accept legal notices (service of process, request for
rulemaking, etc.) via social media?
e. Public Forum Issues: Has your agency defined the rules of public engagement? If public
comments are permitted, what type of open forum has your agency created? Who will
monitor/review comments, and how often? What if defamatory comments are posted,
or sexual content, etc.?
f. Ethical/Risk Management Issues: Possible issues if employees/officials post
inappropriate content, confidential information (health care information, privileged
information, etc.), non -agency related information, or other information.
g. Section 50$ of Federal Rehabilitation Act (electronic information is to be available to
persons with disabilities).
h. Other possible issues, depending upon agency, content of postings by agency or public,
etc.
Changes in Laws: Is your agency keeping up on changes in laws?
S. Make Sure Your Agency Has the Resources to Support the Social Media Option(s) Selected
a. IT support
b. Communications team support
C. Legal support
d. Human resources staff support
e. PRA/records officers support
6. Adopt & Monitor Clear Policies
a. Governing account management, approval procedures for posting and images and
content pasted, frequency of posting, accessibility, retention, production, commenting
rules, monitoring and responding to comments, acceptable use, security, audit, etc.
b. Educate staff and officials about the policies; consequences of violating policies
c. Review policies and procedures regularly. Social media is a fast-moving technology; is
your agency keeping up on the changes? Does your policy need to change due to
changes in social media, laws, or for other reasons?
OFFICIALS'/EMPLOYEES' INDIVIDUAL SOCIAL MEDIA SITES
1. Use of Officials' and Employees' Own Social Media Sites for Agency Business (Sites Created b
the Individual, not Established by the Agency Through Official Channels) — Some
Considerations
a. Are agency officials or employees using their own social media sites for official agency
business?
b. If so, why?
i. Is it required by the job duties, directed by the employer/agency, or in
furtherance of the employer/agency's interests?
ii. If it is necessary to post/receive the information, why is that information not
being disseminated through official agency channels (the agency's website or
social media site)?
c. If so, is that use of the individual social media site consistent with the agency's policy?
d. It so, has that practice been reviewed by the agency's legal counsel, risk management
staff, records staff, etc.?
e. If so, have the officials and employees been informed of the public records, meetings
and other potential legal issues?
f. If so, what procedures does the agency have to address those issues, such as to retain
and produce public records from that site?
g. If so, have the officials and employees made a clear distinction between that social
media site and their campaign site, and their personal information site?
h. If so, are there any other issues or procedures the agency needs to consider, given the
site's use and the agency's business?