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HomeMy WebLinkAbout04/18/2018 AGENDA PACKETO CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337 - Phone (360) 473-5280 NDED*** APRIL 18, 2018 CITY COUNCIL MEETING AGENDA 1. BRIEFING: 5:00 — 5:30 P.M. in COUNCIL CONFERENCE ROOM 603 A. Review of Agenda B. General Council Business (As necessary...) 2. CALL TO ORDER: 5:30 P.M. in FIRST FLOOR CHAMBERS A. Pledge of Allegiance B. Invocation 3. MAYOR'S REPORT Announcement of the Draft 2019 CDBG/HOME Policy Plan for Public Comment by Sarah Achaoui, City of Bremerton Community Development Block Grant Administrator 4. PUBLIC RECOGNITION 5. CONSENT AGENDA A. Claims & Check Register B. Minutes of Meeting —April 4, 2018 C. Minutes of Study Session — April 11, 2018 D. Mutual Aid & Assistance Agreement to establish a State of Washington Intrastate Water/Wastewater Agency Response Network (WARN) E. Goods & Services Agreement with L2 Systems, LLC for Water System "Supervisory Control and Data Acquisition" (SCADA) Lifecycle Upgrade F. Contract Award to NOVA Contracting, Inc. for Replacement of the Oyster Bay Avenue South 24 -Inch Transmission Main G. 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 H. 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 6. GENERAL BUSINESS A. Staffing for Adequate Fire & Emergency Response (SAFER) Grant Federal Funding Application B. Ordinance No. 5346 to create Chapter 6.12 of the Bremerton Municipal Code entitled "Unfit Dwellings, Buildings, Structures, and Premises"; and to amend BMC Sections 2.62.045 and 1.04.120 relating to Dangerous and Unfit Structures C. Extension of the Bypass Pumping Rental with Sunbelt Rentals at Pump Station KL -2 7. COUNCIL MEMBER REPORTS 8. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING 9. EXEMPT CLOSED SESSION - This meeting is allowed under RCW 42.30.140 (4)(b) to discuss Labor Negotiations; and is exempt from the Open Public Meetings Act ® Americans with Disabilities Act (ADA) accommodations provided upon request. Those requiring special accommodations please contact the City Clerk at (360) 473-5323 at least 24 hours prior to the meeting. i W J Q It O L L V,, tE i Fa 0 P4 . z i - Lu LTJ 40 r- 6-0 } �= s C N -C 0? ` a *' E �� 3m a -c i 0 V 0 a�. L V! L U o� ro E ro 0. m s N N 0-8 7 0 c � Dav D 0 O aD—.g C g u N C4 i1p, -i a CL — 0 -g a Q CL -- C*4 w,f cI,\, , s v 7.` C N g O m -odOc> 'ti C d 0 H 06 W 0 cr E' ro N w Svs � a3D�Li ° 40 r- 6-0 } �= s C N -C 0? ` a *' E �� 3m a -c i 0 V 0 a�. L V! L U o� ro E ro 0. m s N N 0-8 0 O aD—.g C g u N N • 0"0 iL C a CL — 0 -g a Q CL N a d C C 61 D CA 7 0 C r 0 L rn a0 06 s v 7.` C N g O m -odOc> 'ti C d 0 H 06 W 0 cr E' ro N w Svs � a3D�Li ° d 3 G D LOC L a = J r d y m 00 m L G Z � W BREMERTON CITY COUNCIL MEETING SPEAKERS LIST PLEASE PRINT YOUR NAME BELOW IF YOU PLAN TO COMMENT SO YOUR NAME CAN BE INCLUDED IN THE RECORD Name Item `r, 1 Sj 1 �► fir, vJ REQUESTS FOR INFORMATION MUST BE SUBMITTED IN WRITING TO THE CLERK THANK YOU 1 I 0 ..�,� /\\� \ mq ,Aid � (httpsVyfp5jVWp$SftOWMOW - community- National Community stabilization- Stabilization Trust trust) (httpo,//www.stabl*ll*zationtrust.6W First Look Program First Look is the cornerstone of NCST's Property Acquisition Programs - this national program links U.S. financial institutions (Sellers) to local housing providers (Buyers), and to - date, NCST hos conveyed more than 23,000 distressed properties to local housing providers across the U.S. who in turn rehabilitate these homes to improve their communities. Buyers focused on neighborhood stabilization can purchase foreclosed and abandoned properties prior to the properties being marketed to investors or other buyers. These Buyers have saved more than $235 million to -date by purchasing properties at a discount through our First Look program - savings most often passed forward to their home buyers. Why First Look? First Look continues to serve as a critical tool for municipalities and Buyers as it saves these organizations valuable time and resources. The program also allows Sellers to process a foreclosure more quickly and at less expense than a traditional sale, and advances their commitment to community revitalization. A quicker sale lessens the risk of potential vandalism and property value deterioration for both the community and the Sellers. How the First Look Process Works Participating Sellers provide us daily property lists which are uploaded to REgMat_�h Lhgp://stabilization wpengine com/programs-services/reomatch). Buyers log -in to REOMatch, review the properties in their strategic revitalization area, develop a SUBJECT: Claims & Check Register SUMMARY: AGENDA BILL CITY OF BREMERTON CITY COUNCIL 5A Study Session Date: N/A COUNCIL MEETING Date: April 18, 2018 Department: Financial Services Presenter: Shannon Corin Phone: (360)473-5323 Approval of the following checks and electronic fund transfers: 1) Check #'s 378341 through 378612 and EFT's 18398 through 18449 in the amount of $1,975,458.59. 2) Regular Payroll for the pay period ending March 31, 2018 in the amount of $806,505.57. 3) Regular Payroll for the pay period ending March 31, 2018 in the amount of $2,206.09. ATTACHMENTS: FISCAL IMPACTS (Include Budgeted Amount): STUDY SESSION AGENDA: x❑ Limited Presentation ❑ Full Presentation STUDY SESSION ACTION: 0 Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the consent agenda as presented. COUNCIL ACTION: ❑ Approve ❑ Deny Form Updated 01/02/2018 ❑ Table ❑ Continue ❑ No Action AGENDA BILL CITY OF BREMERTON CITY COUNCIL Fes? SUBJECT: Minutes of Meeting — April 4, Study Session Date: N/A 2018 COUNCIL MEETING Date: April 18, 2018 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: The Minutes of Meeting held on April 4, 2018 are attached. ATTACHMENTS: Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: ❑ Limited Presentation ❑ Full Presentation STUDY SESSION ACTION: 0 Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the April 4, 2018 Meeting Minutes as presented. COUNCIL ACTION: ❑ Approve Form Updated 01/02/2018 ❑ Deny ❑ Table ❑ Continue ❑ No Action DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wednesday, April 4, 2018 The weekly meeting of the City Council of the City of Bremerton was called to order Wednesday, April 4, 2018, at 5:00 PM in Council Conference Room 603 of the NORM DICKS GOVERNMENT CENTER, 345 6t" Street, Bremerton, Washington, with Council Vice -President Richard Huddy presiding. Council Members present were Michael Goodnow, Tony Hillman, Kevin Gorman, Leslie Daugs, and Pat Sullivan. Council President Eric Younger was absent. Also present were City Attorney Roger Lubovich; City Clerk Shannon Corin; Legislative Assistant Lori Smith; and Kevin Matthew, Information Services Manager. A COUNCIL BRIEFING was held to discuss General Council Business at 5:00 PM in the Council Conference Room. At 5:30 PM the meeting moved to the Meeting Chambers. The Pledge of Allegiance was led by Council Member Pat Sullivan followed by the invocation provided by Retired Pastor Russ Reuther formerly of Sylvan Way Baptist Church. MAYOR'S REPORT — Mayor Wheeler... • Provided data to show the 5 -year trend of approved City permits; • Discussed grants for planned improvements of Kitsap Lake and at Kitsap Lake Park; • In preparation for applying for grant applications, the community is invited to provide feedback on the Warren Avenue Playfield Renovation Concept; and • Met with Presidents of Western Washington University and Olympic College to discuss the upcoming Sub -Area Plan Review and Market Analysis for East Bremerton which will include the former Harrison Medical Center site. PUBLIC RECOGNITION Mike Walton discussed the events and activities taking place at the Kitsap Family YMCA including Healthy Kids Day on Saturday, April 21 from 10:00 AM to 1:00 PM with free food, games, and activities; and mentioned that after 10 -years, this would be his last report since he is moving on to another business venture. On behalf of the City, Vice -President Huddy thanked him and wished him well. David Raymond with the Kitsap 911 Memorial Stewardship Program, reported on the recent clean-up event at the Kitsap 911 Memorial; and noted that since they ran out of time, he invited volunteers to the continued clean-up event on Saturday, April 14 at 2:00 PM. Caroline Stein summarized the highlights of the 2018 Washington State Science & Engineering Fair; thanked Council Vice -President Huddy and Council Members Sullivan and Hillman for volunteering their services; and announced the next WSSEF would be held March 29 & 30, 2019. Terry Fessner pointed out that the grounds around the Norm Dicks Government Center look really nice; asked if the City could replace a tree that was removed from 51" Street in front of the Kitsap Sun, especially since it was planted in honor of a child Sarah Maryann; and also hoped the City would soon illuminate the streetlights recently installed along the new sidewalks at East Park. CONSENT AGENDA 5A— Claims & Check Register: Check Numbers 378155 through 378340, and EFT -18357 through EFT -18397 in the amount of $1,536,376.62; and Retiree Payroll for the pay period ending March 31, 2018 in the amount of $57,808.40 5B — Minutes of Meeting — March 21, 2018 5C — Minutes of Study Session — March 28, 2018 City Council Reg. Mtg. Minutes Wednesday, April 4, 2018 Page 2 of 4 5D— Legal Services Retention Agreement with Matthew W. Cockrell & Associates, P.C. for Environmental Insurance and Cost Recovery Matter 5E— Change Order No. 2 to Professional Services Agreement with Cosmopolitan Marine Engineering for Sediment Sampling & Analysis and Combined Sewer Overflow Post - Construction Monitoring Report 5F — Sole Source Purchase of Hardened Impellers and Volutes from Pump Tech, Inc. for the three (3) Sulzer ABS Pumps at Pump Station CW -1 There were no questions or comments from the public... 05:58:00 M/S/C/U (Gorman/Daugs) Move to approve the CONSENT AGENDA as presented. GENERAL BUSINESS 6A — INTERLOCAL AGREEMENT WITH CENTRAL KITSAP FIRE & RESCUE AND SOUTH KITSAP FIRE & RESCUE FOR FIRE GROUND SURVIVAL TRAINING AND GRANT APPLICATION: Fire Chief David Schmitt explained that this Agreement will allow Bremerton to apply for a Fire Ground Survival Program Grant, and to utilize the Grant proceeds to facilitate the Train -the -Trainer program among the other local Fire Agencies. A short film entitled "Fire Ground Survival Program" was shown to provide more details on the training. There were no questions or comments from the public... 06:05:32 Motion was made by Daugs and seconded by Sullivan... Comments were provided by Daugs and Hillman... 06:07:02 M/S/C/U (Daugs/Sullivan) Move to approve the Interlocal Agreement between the City of Bremerton, Central Kitsap Fire & Rescue, and South Kitsap Fire & Rescue; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. 6B — RESOLUTION NO. 3305 ACKNOWLEDGING COMMITMENT TO MATCH SURFACE TRANSPORTATION PROGRAM GRANT FUNDS FOR WASHINGTON AVENUE AND 11 TH STREET IMPROVEMENTS PROJECT: Tom Knuckey, City Engineer, summarized that staff recommend the City pursue funding from the Surface Transportation Program for improvements on Washington Avenue and 11th Street in the current Regional and Countywide grant competition. The improvements would include design and construction of a roundabout at the west end of the Manette Bridge, along with full street reconstruction from the roundabout north and west to Pacific Avenue. The STP program funds projects at a maximum of 86.5% with a minimum match of $13.5%. The estimated cost of this project is $4,800,000, and staff intend to request $4,152,000 in grant funds, requiring the City commit to providing matching funds of $648,000. In addition, the STP Program rules state that expending STP grant funds for any phase of a project, including design, commits the recipient to constructing all phases of the project within 10 -years of receipt of the grant funds. For this grant cycle, KRCC has required applicants to include acknowledgment of these requirements from the governing body of the City with the grant applications. Dino Davis provided comments to express his concerns with the high cost for this project, and the lack of a completed traffic study. Terry Fessner was tired of the City redoing street projects at this intersection. 06:24:14 Motion was made by Goodnow and seconded by Gorman... Questions were asked by Goodnow, Gorman, Hillman, Sullivan, and Daugs; with responses provide by Mr. Knuckey... Mayor Wheeler added comments in support of the grant and the project... City Council Reg. Mtg. Minutes Wednesday, April 4, 2018 Page 3 of 4 06:54:41 M/S/C (Goodnow/Gorman) Move to approve Resolution No. 3305 acknowledging the commitments associated with receipt of Surface Transportation Program Grant funds for the Washington Avenue and 11th Street Improvements Project. Voted in favor of Motion: Gorman, Goodnow, Sullivan, Huddy Voted opposed to Motion: Hillman, Daugs Motion carried: 4 -Yes; 2 -No 6C — NORM DICKS GOVERNMENT CENTER TENANT IMPROVEMENTS PROJECT PHASE II BUDGET ADJUSTMENT: Chal Martin, Public Works & Utilities Director, stated that work is set to begin to finalize the interior building improvements for the City's recently -purchased space in the Norm Dicks Government Center. The last phase involves work on the east end of the fifth floor to accommodate Information Services and the Prosecutors. We are asking for $120,000 of budget authority to do this work. There were no questions or comments from the public... 06:56:23 Motion was made by Gorman and seconded by Goodnow... Comments were provided by Gorman and Daugs; and questions were provided by Daugs and Hillman; with responses provided by Mr. Martin... 07:08:42 M/S/C (Gorman/Goodnow) Move to approve a budget adjustment to increase the General Fund Facilities expenditure budget by -$120,000, to modify Norm Dicks Government Center fifth floor space for the City's Information Services staff and the City's Prosecuting Attorney staff, with a transfer of revenue from Real Estate Excise Tax receipts (Fund 308) in the same amount. Voted in favor of Motion: Hillman, Goodnow, Sullivan, Gorman, Huddy Voted opposed to Motion: Daugs Motion carried: 5 -Yes; 1 -No COUNCIL MEMBER REPORTS Pat Sullivan invited volunteers to the next Lions Park Monthly Work Party on Saturday, April 14 from 10:00 AM to 12:00 PM to pull weeds and clean up the shoreline; and mentioned how much she enjoyed working as a volunteer with Caroline Stein at the WSSEF, was honored to provide welcoming remarks to kick off the event and to hand out awards, and looked forward to next year. Leslie Daugs was pleased to be one of the featured speakers at the Bataan Remembrance Day Ceremony on Saturday, April 7 beginning at 9:30 AM at Bataan Park; invited the public to attend the Grand Opening of the Habitat for Humanity Store Annex also on Saturday, April 7; announced the Annual Lowe's National Women Build Week from May 8 through 12; provided an update on the Kitsap Transit Composition Review Board; looked forward to brainstorming ideas for "Low Income Affordable Housing" at a stakeholder's meeting on April 15; thanked volunteers who help at the Salvation Army; thanked Mr. Walton for his efforts to keep the City informed on activities at the Bremerton Family YMCA; thanked Ms. Stein for her work on the WSSEF; and welcomed new Audit Committee Member Darryl Scott Riley. Kevin Gorman announced a Ribbon Cutting at 1:00 PM & Open House from Noon to 4:00 PM for the Freedom Boat Club on Saturday, April 7 at the Bremerton Marina; the Annual Arbor Day Celebration to be held on Wednesday, April 11 at 11:00 AM at the Whitey Domstad Vista located at the east end of the Manette Bridge; and announced the Public Grand Opening & Open House of the Marvin Williams Recreation Center on Saturday, April 7 at 10:00 AM; and reflected on the life of Dr. Martin Luther King, Jr., and the life lessons he learned from him. City Council Reg. Mtg. Minutes Wednesday, April 4, 2018 Page 4 of 4 Tony Hillman also enjoyed volunteering at the Washington State Science & Engineering Fair; thanked Council Member Daugs for her work representing Bremerton at the Kitsap Transit Composition Review Board Meeting; and invited his constituents to a District 4 Community Meeting on Saturday, April 21 from 10:00 to 11:30 AM in the Lower Level of the Community of Christ at Memorial Lutheran Church located at the corner of 10th & Veneta, noting the Program will include a "Meet & Greet', a discussion about the Council's 2018 Goals & Priorities, District 4 Priorities, and Q&A. Michael Goodnow enjoyed being interviewed by the BKAT staff for an episode of the "Inside Bremerton" Program, and looked forward to seeing it televised tonight at 7:30 PM. Richard Huddy mentioned that Council President Younger was out of town; enjoyed volunteering at the Washington State Science & Engineering Fair; thanked and congratulated Council Member Daugs for helping Bremerton retain its two seats on Kitsap Transit's Composition Review Board; honored the memory and commemorated the 50th anniversary of the loss following the assassination of Dr. Martin Luther King, Jr. and shared his favorite quote "The time is always right, to do what is right..." ; encouraged attendance at the Grand Opening of the Marvin Williams Recreation Center; and at the "Understanding Homelessness" Workshop hosted by the Bremerton Central Lions on Friday, April 27 at 3:00 PM at the Kitsap Conference Center. With no further business, Vice -President Huddy adjourned the Council Meeting at 7:30 PM. Prepared and Submitted by: LORI SMITH Legislative Assistant APPROVED by the City Council on the April 18th day of April, 2018. ERIC YOUNGER, City Council President Attest: SHANNON CORIN, City Clerk EY:SC:ls:cg AGENDA BILL CITY OF BREMERTON CITY COUNCIL 5C SUBJECT: Minutes of Study Session — Study Session Date: N/A April 11, 2018 COUNCIL MEETING Date: April 18, 2018 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: The Minutes of Study Session held on April 11, 2018 are attached. ATTACHMENTS: Study Session Minutes FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: ❑ Limited Presentation ❑ Full Presentation STUDY SESSION ACTION: 0 Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the April 11, 2018 Study Session Minutes as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/02/2018 DIGITAL RECORDING CITY COUNCIL STUDY SESSION MINUTES Wednesday, April 11, 2018 A Study Session of the City Council of the City of Bremerton was called to order in the Council Conference Room of the NORM DICKS GOVERNMENT CENTER, 345 6th Street, Bremerton, Washington, Wednesday, April 11, 2018, at 5:00 PM, with Council President Eric Younger presiding. Council Members present were Richard Huddy, Tony Hillman, Kevin Gorman, Leslie Daugs, and Pat Sullivan. Council Member Michael Goodnow was absent. Lori Smith, Legislative Assistant, was present to provide staff support. President Younger emphasized that the Study Session is open to the public, but there will be no opportunities for input or participation; no action is anticipated except when deemed appropriate; and the content of these items is subject to change. If approved by the Council, items will be placed on the April 18, 2018 City Council Meeting Agenda A. INFORMATION ONLY 1. Presentation on Kitsap Community Resources "Business Education Support & Training" (BE$T) Program — by Beth Shay on behalf of Dayna Ebersole, BEST Program Manager B. LIMITED PRESENTATION PLANNED —The following items are budgeted items or subjects that have been raised with the appropriate Council Committee Members... 1. Staffing for Adequate Fire & Emergency Response (SAFER) Grant Federal Funding Application General Business 2. Mutual Aid & Assistance Agreement to establish a State of Washington Intrastate Water/ Wastewater Agency Response Network (WARN) Consent Agenda 3. Goods & Services Agreement with L2 Systems, LLC for Water System "Supervisory Control and Data Acquisition" (SCADA) Lifecycle Upgrade Consent Agenda 4. Contract Award to NOVA Contracting, Inc. for Replacement of the Oyster Bay Avenue South 24 -Inch Transmission Main ConsentAgenda 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 Consent Agenda 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 Consent Agenda 7. Ordinance creating Chapter 6.12 of the Bremerton Municipal Code entitled "Unfit Dwellings, Buildings, Structures, and Premises"; and to amend Sections 2.62.045 and 1.04.120 relating to Dangerous and Unfit Structures General Business President Younger called a break from 6:57 to 7:11 PM... 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. General Council Business was briefly discussed. City Council Study Session Minutes Wednesday, April 11, 2018 Page 2 of 2 With no further business, President Younger adjourned the Council Study Session at 8:20 PM. Prepared and Submitted by: LORI SMITH, Legislative Assistant APPROVED by the City Council on the 18th day of April, 2018. ERIC YOUNGER, City Council President Attest: SHANNON CORIN, City Clerk EY:SC:ls:cg SUBJECT: Mutual Aid Agreement to establish a State of Washington Intrastate Water/Wastewater Agency Response Network (WARN) AGENDA BILL CITY OF BREMERTON CITY COUNCIL 5D 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: ❑x 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 Page 5 of 10 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 Page 6 of 10 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. Page 7 of 10 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 Page 8of10 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 Page 9of10 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 Page 10 of 10 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 5E 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 from 2018 — 2020. STUDY SESSION AGENDA: 0 Limited Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑x 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. Bremerton/L2 Systems, LLC Water System SCADA G&S 2018 Page 1 of 17 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. Bremerton/L2 Systems, LLC Water System SCADA G&S 2018 Page 2 of 17 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: Bremerton/L2 Systems, LLC 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: Bremerton/L2 Systems, LLC 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 5F 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: ❑x 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 ,OF = Ao r,,w0.;-gyp IG -Y o1 t•v ... ' _ ;ay � � H I f Y' AM t 4 4i.r n 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 -S6 Itc c� < 61 ct, tlzl ENGINEER'S ESTIMATE APPARENT- jUW BIDDER L W BIDDER tv''! %&J ' • a SUMMARY TOTAL BID (incl. Sales Tax) 1 -21 v 0,2 c $1,680,800 $ $ /, �2-/ 3. '70 (z. -�,V 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 5G 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: ❑x Limited Presentation ❑ Full Presentation STUDY SESSION ACTION: 0 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 5H (Updated) 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: 1) 2018 Management, Professional, Confidential & Fiduciary Salary Plan **Ms. Seibold's resume is on file with Human Resources** FISCAL IMPACTS (Include Budgeted Amount): This position in fully funded. STUDY SESSION AGENDA: ❑x Limited Presentation ❑ Full Presentation STUDY SESSION ACTION: 0 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. 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N O Lo N O) O) 1- (O M Co f�- (f) M Cl) I- Co Co Co (O M e M (O Co O O_ Cl) Co N W 7 Cl) Of 00 7 cO 4') N O1 (O M a0 N N a0 7 N r O cO 00 N � (O O cO w O O r N co f.- cc 6) cc w 7 N� 7 N 7 N Cl) 7 N �' N co CO L o � O LO O N (N -It -e (O M N 1 7 N 00 co OD O) co -e 00 O) c0 O Lo N O O (f) N cO (O o0 O) N O u7 lz� N O) O) f- ll� O) O) fl� 00 u7 M co I- M-tT 00 co (O M e, Co (O Co O- O M c0 O) O) 0) N LO N Of N N 00 O cO 00 O lO 00 N co I. -M f- f� W(O F M W 7 N L 't N r 7 N Cl) N (O 7 N L O O r 7 N- cc 6) cc M - (O o0 cO M Me a a a a a a a O O O O O O } U U U U U U w LL T LL LL LL LL m z 0 z 0 z 13 z 0 z 0 z 13 Q N O O O O O -j O O O O O O -j O a ? a ? a z zz z zz z zz z z z z z z O w z w O w z w O w z w O w z w O w z w O w z w J H z H W U (f) O0 U w Q w Q as a w O_ J S J > z a m AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Staffing for Adequate Fire & Study Session Date: April 11, 2018 Emergency Response (SAFER) Grant COUNCIL MEETING Date: April 18, 2018 Federal Funding Application Department: Fire Presenter: David Schmitt, Fire Chief Phone: (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: ❑x Limited Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda 0 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 xa�sc loom -- sm I N0i I I I x I 1967 1977 1917 19197 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. AGENDA BILL CITY OF BREMERTON 6B CITY COUNCIL SUBJECT: Ordinance No. 5346 to create Chapter 6.12 of the Bremerton Municipal Code, entitled "Unfit Dwellings, Buildings, Structures, and Premises"; and to amend BMC Sections 2.62.045 and 1.04.120 relating to Dangerous and Unfit Structures (U pdated) 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: • Ordinance No. 5346 to create BMC Chapter 6.12 title "Unfit Dwellings, Buildings, Structures, and Premises" and to amend 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: ❑x Limited Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda 0 General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve Ordinance No. 5346 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 Form Updated 01/02/2018 ❑ Deny ❑ Table ❑ Continue ❑ No Action ORDINANCE NO. 5346 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 3of13 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: Page 4 of 13 Unfit Dwellings, Buildings Structures & Premises (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 Page 5of13 Unfit Dwellings, Buildings Structures & Premises 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. Page 6 of 13 Unfit Dwellings, Buildings Structures & Premises (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 Page 7of13 Unfit Dwellings, Buildings Structures & Premises 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 Page 8 of 13 Unfit Dwellings, Buildings Structures & Premises 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 PropeM. f 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. Page 9 of 13 Unfit Dwellings, Buildings Structures & Premises 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. SECTION 2. 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 appeals pursuant to the time period and procedures for appeals set forth in Chapter 6.12 BMC. (d)For all other appeals, T4eqhe 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 Page 10 of 13 Unfit Dwellings, Buildings Structures & Premises 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. 1f" 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. 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. rse�ee-eeesrsr.Eye�rMEW; . • _ t! 101 .... .RM 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. Page 11 of 13 Unfit Dwellings, Buildings Structures & Premises All FefeFeffees te 14eaFi*g &iamiiieF iff Ghapte-F -2.96 BN4G aod these titles shall fiiea+1 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. Page 11 of 13 Unfit Dwellings, Buildings Structures & Premises 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 :rte. 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. Page 12 of 13 Unfit Dwellings, Buildings Structures & Premises (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. Effective 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 Page 13 of 13 Unfit Dwellings, Buildings Structures & Premises 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). HODS, NUIS, M. OTHER, 2 - PERM, 45 - ROW, 5 UNSF, B Complaints By Type 2017 (730) GARB, 187 I WEEDS, 264 I 2E, 12 :ARS, B BLDG, 7 .11BBO, 42 ZONE, 83 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 (but not limited to): • 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 b a� 4�'"-i w u p N ox u8�.o N•J� pi Qj P, S�. U Eu Ei 'a U a� 5 E E -a b F5 N p `m � L ,u U� �b a� 4�'"-i p N ox u8�.o N•J� pi P, S�. Ei 'a 2 x. `m � L �b a� 4�'"-i p N N•J� P, S�. x. a� 4�'"-i p N N•J� S�. x. SUBJECT: Extension of the Bypass Pumping Rental with Sunbelt Rentals at Pump Station KL -2 AGENDA BILL CITY OF BREMERTON CITY COUNCIL Study Session Date COUNCIL MEETING Date Department: Presenter: Phone: 6C (Added) N/A April 18, 2018 WWTP/PW&U Pat Coxon (360) 473-5448 SUMMARY: We are currently replacing the pumps and upgrading the electrical service at pump station KL -2, and while this is occurring we are bypass pumping utilizing Sunbelt Rentals, pumps. We had originally scheduled the bypass pumping for one month, but due to schedule changes from both of our contractors (PSE & Northern Asphalt), we have surpassed our original budget and will surpass the $25,000 Council approval threshold this week. We currently owe Sunbelt Rentals $20,381.82 for the rental of two bypass pumps and we estimate that we will possibly need the bypass pumps for an additional two months, for a total rental expense of $60,000. ATTACHMENTS: Project Photos FISCAL IMPACTS (Include Budgeted Amount): The pump rental is budgeted through the 2017/2018 CIP, and has a budget of $250,000. STUDY SESSION AGENDA: ❑ Limited Presentation ❑ Full Presentation ❑x Walk-on STUDY SESSION ACTION: ❑ Consent Agenda 0 General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve, and authorize the Director of Public Works & Utilities or designee to extend as needed, the Sunbelt Rental pumps services in an amount not to exceed $60,000. 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