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HomeMy WebLinkAbout02/13/2019 STUDY SESSION PACKET______________________________________________________________ CITY COUNCIL 345 6th Street, Suite 100, Bremerton, WA 98337 Phone (360) 473-5280 FEBRUARY 13, 2019 CITY COUNCIL STUDY SESSION 5:00 PM in COUNCIL CONFERENCE ROOM 603 The Study Session is open to the public, but there will be no opportunities for input or participation; no action is anticipated; and the content of these items is subject to change. If approved by Council, the items will be placed on the February 20, 2019 Council Meeting Agenda: A. BRIEFINGS ON AGENDA ITEMS 1. Professional Services Agreement with the Bremerton School District to provide a full-time School Resource Officer 2. Municipal Master Lease Agreement with Yamaha Motor Corporation, USA for Golf, Beverage, and Utility Carts for use at Gold Mountain Golf Course 3. Amendment No. 2 to Services Reimbursement Agreement with the Kitsap Public Health District for Security Services at the Salvation Army 4. Purchase of Retrofit items for the Closed-Circuit Television Van (CCTV) from Cues, Inc. 5. Purchase of a Remount/Refurbish for a 2019 Dodge Ram 4500 from Braun NW, Inc. of Chehalis, WA; and a Power Load Lift from Stryker Medical of Chicago, IL 6. Purchase of a Ford F-250 from Columbia Ford of Longview, WA 7. Purchase of 2019 Ford Escape from Columbia Ford of Longview, WA 8. Interlocal Agreement with Kitsap Transit for Schedule 74 Underground Power Conversion for the Wheaton Way Transit Center 9. Resolution repealing Resolution No. 3187; and adopting new Bremerton City Council Rules & Procedures 10. Resolution affirming a commitment by the City of Bremerton to the Principles of Equity and Inclusion B. GENERAL COUNCIL BUSINESS Finance, Investment, and Parking Committee Briefing (1/28/19 Meeting) – Chair Michael Goodnow Other General Council Business (As necessary…) C. ADJOURNMENT OF STUDY SESSION Americans with Disabilities Act accommodations provided upon request. Those requiring special accommodations should contact the City Clerk’s Office at (360) 473-5323 at least 24 hours prior to the meeting. AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Professional Services Agreement with the Bremerton School District to provide a full-time School Resource Officer Study Session Date: February 13, 2019 COUNCIL MEETING Date: February 20, 2019 Department: Police Presenter: Capt. Tom Wolfe Phone: (360) 473-5481 SUMMARY: The Bremerton Police Department to provide security services with a full-time School Resource Officer to assist faculty, staff, students and families within the Bremerton School District. ATTACHMENTS: Professional Services Agreement with the Bremerton School District FISCAL IMPACTS (Include Budgeted Amount): Bremerton School District to provide compensation in the amount of Ninety Thousand Five Hundred Dollars for the 2019 calendar year. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the Professional Services Agreement with the Bremerton School District for a full- time School Resource Officer; and to 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 A1 School Resource Officer Page 1 of 3 PROFESSIONAL SERVICES AGREEMENT January 2, 2019 – December 31, 2019 The City of Bremerton (“City”) and the Bremerton School District 100-C (“District”), referred to collectively as the “parties”, enter into the following agreement for security services: I. Scope: The City will provide a full-time School Resource Officer (SRO) to assist faculty, staff, students and families within the Bremerton School District. The SRO’s primary service areas will be Bremerton High School and Mountain View Middle School. Assistance at other Bremerton Schools will be provided as requested. The SRO will assume regular police duties outside of the scheduled academic calendar. The SRO, along with the Chief of Police or his designee, will work with the District and building administrators to provide a positive, safe environment for students and employees, City officials will work with the District to plan and carry out in-services for staff which will help staff learn to identify safety risks and learn appropriate responses in unsafe situations. The SRO will work with individual students and groups of students to encourage positive behavioral choices. The SRO will at all times follow procedures laid out (see Policy 3226 and 3226P). District and SRO will work closely to plan and implement specific activities designed to improve student behavioral choices at each site. All parties agree to meet together on a regular scheduled basis. II. Term: This agreement shall be effective January 1, 2019 through December 31, 2019. III. Compensation: In consideration of the services provided pursuant to this Agreement, the District shall pay the City of Bremerton Treasurer Ninety Thousand Five Hundred Dollars ($90,500) for the calendar of 2019 as follows: Fifty-Eight Thousand Dollars ($58,000) on or before January 30, 2019 and Thirty-Two Thousand Five Hundred ($32,500) on or before September 30, 2019. IV. Relationship of Parties: The SRO is an employee of the City of Bremerton Police Department and will answer to the Police Chief. V. 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. VI. Nondiscrimination: The parties shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status, sexual orientation or disability. School Resource Officer Page 2 of 3 VII. Termination: This Agreement may be terminated without cause at any time by mutual agreement of the parties hereto, or by either party after 30 days following the other party’s receipt of written intent to terminate. Each Party shall have the right to cancel and immediately terminate this agreement without prior notice upon breach of the Agreement by the other Party. Pro-rata refunds for the remaining pre-paid term of this agreement, if any, shall be refunded to District should either party initiate termination. VIII. Indemnification: The School District shall defend, indemnify and hold harmless the City and its officers, agents and employees, or any of them, from any and all claims, actions, suits, liability, loss, costs, expenses and damages of any nature whatsoever, arising out of any act or omission of the of the School District, its officers, agents, and employees or any of them relating to or arising out of the performance of the Agreement; however, the School District shall not defend, indemnify or hold the City harmless of any claims, actions or suits for injury, damage or loss of any kind caused by either intentional act(s) or the sole negligence of the City, its officer, agents and employees, or any of them., In any action for which the School District defends the City, the School District shall have the right to select counsel; however, the City may associate additional counsel at the City’s own expense. If final judgement be rendered against the City and the School District and their respective officers, agents and employees, or any of them, The School District shall satisfy th e same; however, in the event that the final judgment contains any award for injury, damage or loss of any kind caused by the intentional act(s) or the sole negligence of the City, its officers, agents and employees, or any of them, the City shall pay that portion of the judgment In executing this Agreement, the City does not assume liability or responsibility for, or in any way release the School District from any liability or responsibility which arises in whole or in part from the existence or effect of School District policies, rules or regulations. If any cause, claim, suit, action, or administrative proceeding is commenced, in which the enforceability and/or validity of any such School District policy, rule or regulation is at issue, the School District shall defend the same at its sole expense and if judgment is entered or damages are awarded against the School District, the City or both, the School District shall satisfy the same, including all chargeable costs and attorney’s fees. The City shall defend, indemnify and hold harmless the School District and its officers, directors, agents and employees, or any of them from any and all claims, actions, suits, liability, loss, costs, expenses and damages of any nature whatsoever, out of any act or omission of the City, its officers, agents and employees, or any of them in the performance of this Agreement; however, the City shall not defend, indemnify or hold the School District harmless from any claims, actions or suits for injury, damage or loss of any kind caused by either intentional act(s) or the sole negligence of the School District, its officers, directors, agents and employees or any School Resource Officer Page 3 of 3 of them. In any action for which the City defends the School District, the City shall have the right to select counsel; however, the School District may associate additional counsel at the School District’s own expense. If final judgment contains any award for injury or loss of any kind caused by the intentional act(s) or the sole negligence of the School District, its officers, directors, agents and employees or any of them, the School District shall pay that portion of the judgment. IX. Venue Stipulation: The laws of the State of Washington shall be applicable to the construction and enforcement of this Agreement. Any action at law, suit in equity, or judicial proceeding for the enforcement of this Agreement or any provision herein shall be instituted in Kitsap County, Washington. CITY OF BREMERTON BREMERTON SCHOOL DISTRICT 100-C ______________________________ __________________________________ GREG WHEELER, Mayor By: ______________________________ Its: _______________________________ DATE: ________________________ DATE: ____________________________ _______________________________ __________________________________ JAMES BURCHETT, Police Chief Board Member Date: __________________________ Date: ______________________________ APPROVED AS TO FORM: _______________________________ ROGER A. LUBOVICH, City Attorney Date: __________________________ AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Municipal Master Lease Agreement with Yamaha Motor Corporation, U.S.A. for Golf, Beverage, and Utility Carts for use at Gold Mountain Golf Course Study Session Date: February 13, 2019 COUNCIL MEETING Date: February 20, 2019 Department: Parks & Recreation Presenter: Jeff Elevado Phone: (360) 473-5428 SUMMARY: The current lease agreement for the Gold Mountain Golf Course fleet of golf, beverage and utility carts expires on May 31, 2019. The Golf Management team from Columbia Hospitality has solicited and received proposals from three golf cart vendors. Staff recommendation is to enter into a 48 month lease with Yamaha Motor Corporation, U.S.A. for 2019 model year vehicles as follows:  120 two-passenger fleet carts  4 four-passenger marshal carts  3 beverage carts  1 utility cart Lease Amounts: $8,645 monthly; $103,740 annually and $414,960 through the 48 months. The cost of the 4 year lease is recouped through cart rental revenue. Gross cart rental revenue in 2018 was $520,500. The new fleet of carts will provide additional revenue potential thorough increased cart rentals and green fees while reducing fuel and maintenance costs. ATTACHMENTS: 1) Cart Lease Proposal Summary Worksheet 2) Master Lease Agreement FISCAL IMPACTS (Include Budgeted Amount): Cart lease expenses are budgeted in the Golf Operation and Maintenance fund. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve Lease Agreement between Yamaha Motor Corporation, U.S.A. and the City for golf carts; 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 A2 Gold Mountain Golf Course ATTACHMENT 1 Cart Lease Proposal Comparison Qty Per Month Per Cart Per Month Per Cart Per Month Per Cart Per Month Per Cart 2-Person Fleet Cart 120 8,645 9,358 11,536 6,738 56.15 4-Pass Cart (Shuttle 2x2)4 244 61.00 Beverage Cart 3 568 189.33 Utility Cart 1 NA NA Total Monthly Lease 8,645 9,358 11,536 7,550 713 2,891 Total Annual Lease Cost 103,740 112,296 138,432 90,600 8,556 34,692 Total 48 Month Lease 414,960 449,184 553,728 362,400 34,224 138,768 Estimated Operating Cost Fuel 20,998 23,625 27,000 24,288 Repair & Maintenance 3,584 3,584 3,584 4,500 Total Estimated Operating Cost 24,582 27,209 30,584 28,788 2,627 6,002 Total Annual Cart Cost 128,322 139,505 169,016 119,388 8,934 11,183 20,117 40,694 49,628 Cart Cost Through 48 Mon. Lease 513,288 558,020 676,064 477,552 44,732 162,776 Delta from Current Lease 35,736 80,468 198,512 Projected Cart Rental Revenue At $16.50 in 2019 536,842 At $17.00 in 2020 552,947 At $17.00 in 2021 569,536 At $17.50 in 2022 586,622 Estimated Revenue During Lease 2,245,947 Est. Net Revenue Over 48 Mon. Term 1,732,659 Current LeaseEZ Go Club CarYamaha AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Amendment No. 2 to Services Reimbursement Agreement with the Kitsap Public Health District for Security Services at the Salvation Army Study Session Date: February 13, 2019 COUNCIL MEETING Date: February 20, 2019 Department: Financial Services Presenter: Melinda Monroe Phone: (360) 473-5306 SUMMARY: The City of Bremerton and the Kitsap Public Health District wish to amend a Services Reimbursement Agreement by extending the current term and expiration date of the agreement to December 31, 2019. This is a cooperative effort in which the City will reimburse the Health District for its payments to the Salvation Army for security services located at its 6th Street facility. This amendment increases the reimbursement agreement by $30,000 for the extended term. The 2019 Non-Departmental budget includes $30,000 for this purpose. ATTACHMENTS: 1) Services Reimbursement Agreement with Kitsap Public Health District and City of Bremerton; 2) Amendment No. 1 to Services Reimbursement Agreement between City of Bremerton and Kitsap Public Health District. FISCAL IMPACTS (Include Budgeted Amount): This item is included in the 2019 Non- Departmental Budget. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve Amendment No. 2 to Services Reimbursement Agreement between the City of Bremerton and Kitsap Public Health District; 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 A3 567U AGENDA BILL - LCITYOFBREMERTON CITY COUNCIL SUBJECT: Services Reimbursement Study Session Date: January 25, 2017 Agreement with _Kitsap Public Health_ COUNCIL MEETING Date: February 1, 2017 District for Security Services at the Department: Financial ServicesSalvationArmyPresenter: Mike Riley Phone: (360) 473-5303 SUMMARY: The City of Bremerton and the Kitsap Public Health. District wish to enter a Services Reimbursement Agreement. This is a cooperative effort in which the City will reimburse the District for its payments to the Salvation Army for'„'security services, and the Salvation Army will provide security services at its 6th Street facility. The funds will assist the Health District as it administers a mental health grant from Kitsap County; the grant's aim is'to provide mental health outreach services. The agreement between the District and the Salvation Army is attached as Exhibit A. ATTACHMENTS: 1) Services Reimbursement Agreement with Kitsap Public Health District; 2) Exhibit A - Professional Services Agreement between Kitsap Public Health District and the Salvation Army; and 3) Interlocal Agreement for Professional Services between Kitsap County and the Kitsap Public Health District G FISCAL IMPACTS (Include Budgeted Amount): This item is included in the 2017 Budget in Non - Departmental not to -exceed $30,000 f STUDY SESSION AGENDA: M1 No Presentation Full Presentation 11, STUDY SESSION ACTION: o Consent Agenda General Business Public Hearing RECOMMENDED MOTION: I Move to approthe Services Reimbursement Agreement with Kitsap Public Health District in the amount not to exceed $30,000 for security services at the Salvation Army; and authorize the Mayor to finalize and execute the agreement with, substantially the same terms and conditions as presented.- COUNCIL resented: COUNCIL ACTION: E?(Approve Deny Table Continue No Action h Form Updated 01/07/15 KPHD 1560 SERVICES REIMBURSEMENT AGREEMENT ICitsap Public Health District The City of Bremerton ("City") and the Kitsap Public Health District ("District"), referred to collectively as the "Parties," enter into the following Agreement for services reimbursement: I. Scope: The _District shall provide the following service for the benefit of the City: maintaining a contract with the Salvation Army to employ a trained security guard for security services at its facility at 832 6' Street in Bremerton. The District's contract with the Salvation Army, attached hereto as Exhibit A, sets forth the terms of their agreement. The City's role in this Agreement is only reimbursement of expenses for services provided. The City has no interest, control or liability regarding the contract between the District and the Salvation Army. II. Term: This agreement shall commence on the date of execution of this Agreement and shall continue in full force and effect until December 31, 2017, unless terminated earlier pursuant to Section IX of this Agreement. III. Reimbursement: In consideration of the services provided pursuant to this Agreement, City shall 'reimburse the District its costs for these services in an amount not to exceed Thirty Thousand Dollars and 00/100 ($30,000). The District shall submit monthly billling statements detailing the services for which the District has contracted and the amount paid to the Salvation Army during the preceding month. Upon receipt of a conforming billing statement, the City shall promptly process payment. If a billing statement does not conform to this Agreement, the City may withhold payment until the statement is brought into compliance. The District shall not be reimbursed for work beyond the scope of this Agreement, unless the Scope is modified pursuant to section VILE herein. IV. Relationship of Parties: District and its personnel are not employees or agents of the City. District and its personnel have no authority to bind the City or to control the City's employees and the City's contractors. None of the benefits provided by the City to its employees, including, but not limited to, compensation, insurance, and unemployment insurance are available from the City to the employees, agents, representatives, or sub -consultants of the District. District will be solely and entirely responsible for its acts and for the acts of District's agents, employees, representatives' and sub -consultants during the performance of this Agreement. Bremerton/Kitsap Public Health District Page 1 of 4 KPHD 1560 District is responsible for its own management. The City's administration and enforcement of this Agreement shall not be deemed an exercise of managerial control over District or its personnel. V. Indemnification: District shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the performance of this Agreement, except for that portion of the injuries and damages caused by the City's sole negligence. The City's review or acceptance of any of the avoid any of these covenants of indemnification. work when completed shall not be grounds to The provisions of this section shall survive the expiration or termination of this Agreement. VI. Insurance: The City may require, as a condition of performance under this Agreement, that the District obtain public liability insurance naming the City as an additional insured. If the City so requires, it shall notify the District and give the District the option to withdraw its request. VII. General Conditions: A. Reports and Information: When requested by the City, District shall furnish periodic reports and documents on matters covered by this Agreement. The reports and documents shall be furnished in the time and form requested. District shall maintain accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to substantiate all billed amounts. B. Work Performed at District's Risk: District shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and sub -consultants in the performance of the work hereunder and shall utilize all protection necessary for that purpose. All work shall be done at District's own risk. C. Entire Agreement: This Agreement constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements between them, written or oral, that have not been set forth in the text of this Agreement. D. Severability: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. E. Modification: This Agreement may only be modified by written instrument signed by both Parties. F. Written Notices: All communications regarding this Agreement shall be sent to the parties at the addresses listed below by registered or 1st class mail, or by personal service, and shall be Bremerton/Kitsap Public Health District Page 2 of 4 KPHD 1560 deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. City Address District Address City of Bremerton Kitsap Public Health District 3456 th Street, Suite 600 3456 th Street, Suite 300 Attn: Financial Service's Attn: Katie Eilers Bremerton, WA 98337 Bremerton, WA 98337 360) 473-5303 (360) 728-2224 G. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power. H. Non -Waiver of Breach: The failure of the City to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein conferred in one or more instances shall not be construed to be a waiver or relinquishment of said covenants, agreements or options, and the same shall be and remain in full force and effect. L Compliance with Laws: DistricCshall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. J. 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. K. 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. L. Assignment: Any assignment of this agreement by the District without the written consent of the City shall be void. VIII. Nondiscrimination: District shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status, or disability, except for employment actions based"';on bona fide occupational qualification. IX. Termination: This Agreement may be terminated by either party for convenience upon thirty (30) days written notice to the other party, or for cause if either party fails substantially to perform through no fault of the other 'and does not commence correction within five (5) days of written notice and diligently completes the correction thereafter. Upon such termination, City will be entitled to reports showing the status of all services District is providing to the City as of the effective date of termination. Bremerton/Kitsap Public Health District Page 3 of 4 KPHD 1560 CITY OF BREMERTON Patty Lent," 6P, Date Approved as to form: Bremerton!! City Attorney Attest: Shannon Corin, City Clerk Bremerton/Kitsap Public Health District Page 4 of 4 KITSAP PUBLIC HEALTH DISTRICT Keith Grellner, Administrator 9 /; Date EXHIBIT A KPHD 1562 Page 1 of 8 PROFESSIONAL SERVICES AGREEMENT Between KITSAP PUBLIC HEALTH DISTRICT And THE SALVATION ARMY This Professional Services Agreement ("Agreement") is made and entered into between the Kitsap Public Health District, a Health District organized pursuant to chapter 70.46 Revised Code of Washington and Chapter 9.52 Kitsap County Code, hereinafter referred to as "District," and the Salvation Army, a California corporation, through its Bremerton Corps, hereinafter referred to as "Contractor." The parties mutually agree as follows: I. Period of Performance: The period of performance of this Agreement shall begin August 1, 2016, and belicompleted no later than December 31, 2017, unless terminated sooner or extended as provided for herein. II. Services: The District requires the Contractor to provide the services of a trained security guard in support of the crisis response team performing work related to Kitsap Connects grant project. The presence of security personnel is sought in order to preserve a peaceful work environment for staff employed by the grant as well as to mitigate hazards posed by at -risk clients. A guard shall be on site during core business hours of 8:00 AM to 2:00 PM. Contractor shall provide the vendor agreement specifying the employment and duties of the security guard to the District and it shall be attached as Attachment A. I III. Oualifications/Eligibility: The Contractor will have the qualifications necessary to successfully complete the objectives of this Agreement. The Contractor hereby affirms that he/she is eligible to work in the United States as set forth in the Immigration Reform and Control Act (IRCA). IV. Compensation: The District agrees to contribute a total compensation not to exceed $30,000 during the Agreement. Compensation will be based on invoices submitted by Contractor itemizing hours worked with a detailed description of services performed. Funding for this Agreement is contingent upon availability of funds from the city of Bremerton. The interlocal agreement between the district and the City of Bremerton detailing the intent to distribute the funds is attached as Attachment B. V. Notices: Notices pursuant to this agreement shall be sent to: If to the District: Kitsap',', Public Health District ATTN': Katie Eilers 345 6th Street, Suite 300 Bremerton, WA 98337 360) 728-2224 If to the Contractor: Salvation Army ATTN: Sheryl Percy P.O. Box 886 — 832 6h Street Bremerton, WA 98337 360) 373-5550 KPHD 1562 Page 2 of 8 VI. Billing's: Billings to the District shall be submitted no more frequently than every 30 days, and shall be sent to: Kitsap Public Health District Accou °nts Payable 345 6t' Street, Suite 300 Bremerton, WA 98337 360)128-2215 VII. Independent Contractor: Contractor and its employees or agents performing under this Agreement are not-il employees or agents of the District. VIII. Indemnification: Contractor shall defend, indemnify and hold the District, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, errors or omissions of the Contractor in performance of this Agreement, except for injuries and damages caused by the sole negligence of the District. Solely for the purposes of this provision, the Contractor 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. This provision will survive the expiration or termination of this Agreement. IX. Insurance: The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or11 employees. No Limitation. Contractor's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the District's recourse to any remedy available at law or in equity. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: l jl Commercial General Liabilitv insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent Contractors and personal injury and advertising injury. The District shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the District. 2.11 Workers' Compensation coverage as required by the Industrial Insurance laws of the state of Washington. 3.'' Professional Liabilitv insurance appropriate to the Contractor's profession. The Contractor shall provide the District with proof of liability insurance or professional errors and omissions coverage appropriate to the Contractor's profession. KPHD 1562 Page 3 of 8 B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. 2. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Professional Liability and Commercial General Liability insurance: 1. The Contractor's insurance coverage shall be primary insurance in respect to the District. Any insurance, self-insurance, or insurance pool coverage maintained by the District shall be excess of the Contractor's insurance and shall not contribute with it. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the District. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage Contractor shall furnish the District with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. X. Safeguarding of Information: The use or disclosure by Contractor of any information or documents obtained by the Contractor in the course of contract performance for any purpose not directly connected with Contractor's responsibilities under this Agreement is prohibited except as may be required by law. The security guard will sign a statement of confidentiality and will safeguard any sensitive information encountered while performing the work of this contract. The confidentiality statement shall be attached as Attachment C. XI. Statutory and Regulatory Compliance: Contractor shall comply with all applicable federal, state, and local laws, regulations, guidelines, and standards in the performance of this Agreement. XII. Compliance with State and Federal Confidentiality Laws: The Contractor shall not use protected health information created or shared under this Agreement in any manner that would constitute a violation of the Health Information Portability and Accountability Act, commonly known as HIPAA, and any regulations enacted pursuant to its provisions. KPHD 1562 Page 4 of 8 XIII. Non -Discrimination: Contractor shall not discriminate against any employee or applicant for employment because of race, color, sex, religion, national origin, creed, marital status, age, Vietnam era or disabled veteran status, sexual preference, or the presence of any sensory mental or physical handicap. XIV. Dispute Resolution: In the event that a dispute arises under the Agreement that the parties are unable,to resolve, they shall allow the dispute to be decided by a Dispute Panel in the following manner: a Mediator shall be mutually appointed by both parties, and each party shall appoint an additional member to the Dispute Panel. The Dispute Panel shall review the facts, contract terms and applicable statutes and rules and make a determination of the dispute. The determination of the Dispute Panel shall be final and binding on the parties hereto. The parties shall equally share the costs, ifany, for the services of the Dispute Panel. XV. Choice of Law: This Contract has been and shall be construed as having been made and delivered within the State of Washington and it is agreed by each party hereto that this Contract shall be governed by the laws of the State of Washington, both as to its interpretation and performance. Any action at law, suit in equity, or judicial proceeding arising out of this Contract shall be instituted and maintained only in any of the courts of competent jurisdiction in Kitsap County, Washington. XVI. Severability: If a court of competent jurisdiction holds any part, term, or provision of this Contract to be illegal, or invalid in whole or in part, the validity of the remaining provisions shall not be affected, and the parties' rights and obligations shall be construed ,and enforced as if the Contract did not contain the particular provision held to be invalid. XVII. Amendment: This Agreement may be modified only by a written amendment executed by authorized representatives of both parties. XVIII. Termination: This Agreement may be terminated by either party upon giving at least thirty (15) days advance written notice to the other party. In the event that funding for this project is withdrawn, reduced or limited in any way after the effective date of this Contract, KPHD may summarily terminate this Contract notwithstanding any other termination provision of this Contract. Termination under this paragraph shall be effective upon the date specified in the written notice of termination sent by KPHD to the Contractor. After the effective date, no charges incurred under this Contract are allowable. If the Contractor breaches any of its obligations hereunder, and fails to cure the breach within ten 10) calendar days of written notice to do so by the KPHD, KPHD may terminate this Contract, in which case KPHD shall pay the Contractor only for the costs of work performed. XIX. Entire Agreement: This Agreement constitutes the entire agreement between the parties regarding its subject matter. Any oral or written representations not expressly incorporated in this Agreement are specifically excluded. KPHD 1562 Page 5 of 8 KITSAP PUBLIC HEALTH DISTRICT By: Keith Grellner Administrator Date: Funding Source Program: Non -Federal Contract/Grant THE SALVATION ARMY A California Corporation' Through its Bremerton Corps Date: Bill Dickinson Divisional Commander KPHD 1562 Page 6 of 8 ATTACHMENT A Temporary Aereement of Service 08/15/2016 STEPHEN GROUP INTERNATIONAL has been requested to furnish uniformed security agents, which services client regards as critical to its business and or event operations, on the following terms and conditions: Client: The Salvation Army, A California Corporation, through its Bremerton Corps. / P.O. Box 886-832 6u' Street, Bremerton, WA 98337 / ATTN: Sheryl Plercy / office (360) 917-0675 / cell (360) 865-2932 / sheryl.piercy@usw.salvatlonarmy org Location of Service to be provided: THE SALVATION ARMY — BREMERTON - 832 6th St, Bremerton, WA 98337 Date/Time: TUESDAY AUGUST 15.16 — TUESDAY AUG 15.17 (10:00 am — 2:00 pm / M/T/W/T/F) Classification of Agent ------------------------------Hours requested ------------------Regular hourly rate Uniformedsecurity agents on site Total Hrs = 20 per week. $25.00 per hour per security agent Initial role;requested of Stephen Group international security agent by Client: Client request: Secure Area of Operation —Providing Fire watch and Access control to location named above, to authorize personnel deemed by client during said hours. Establish presence and deterrence of illegal activity through all legal means granted by Washington State Laws Regulating Private Security Guards Chapter 18.170 RCW/ Washington Administrative Code for Private Security Guards WAC 308-18/ Washington State Criminal Code Title 9A. Observe and Report unauthorized activity determined by Client to Client and or Client representative, Stephen Group International management staff and local law enforcement agencies if determined necessary by statute or Client request. Client will pay Stephen Group International overtime rates equal to one and one — half (1.5) times above for any over time, supervision and training time requested or required by Client, arising from abnormally severe weather conditions, natural disasters or acts of God, or resulting from the special needs of clients operation: client will pay additional late -fee of 20% of total Involce 0 full oavment Is not received within 15 days of comritetlon of service Stephen Group International is not an insurer of the Clients risks and exposure. Stephen Group International makes no guarantee that the no loss will occur orthat the services provided will prevent events or occurrences that the services is designed to help detect or avert. Stephen Group International will be not be held liable for negligence on the part of Independent contractors to Client or a third party. These terms and conditions are limited to the terms and conditions located on this document AGREED: (Client Name) ..Bill Dickinson Client Signature and Dater Stephen Group International representative "Sienature and Date: Jake Stephen 8/17/2016 KPHD 1562 Page 7 of 8 ATTACHMENT B PLACEHOLDER FOR AGREEMENT WITH CITY OF BREMERTON KPHD 1562 Page 8 of 8 ATTACHMENT C STATEMENT OF CONFIDENTIALITY As a contractor of the Salvation Army, I understand and agree to follow these principles of confidentiality: To conduct myself in a manner that assures client confidentiality and ensures compliance with regard to "protected health information" (PHI) and "electronic protected health information" (EPHI). Not to handle, seek, or inquire about PHI or EPHI. To hold in confidence all identifying information about any potential, current, or former client utilizing the Kitsap Connects Program I may encounter. Employee/Intern/Volunteer/Contractor Signature Date Supervisor/Program Manager Signature Date INSURED/PARTICIPANT: Kitsap Public Health District 345 6th St, Suite 300 Bremerton, WA 98337 CERTIFICATE HOLDER: City of Bremerton Attn: Financial Services 345 6th St, Ste 600 Bremerton, WA 98337 1Ws p-1 o Memorandum #2018-00-012 This is to certify that the Memorandum of Coverage has been issued to the the Member named above for the period indicated. EFFECTIVE: September 1, 2017 to September 1, 2018 COVERAGE: LIMIT Comprehensive General Liability General Liability 1,000,000 Professional Liability 1,000,000 Personal Liability 1,000,000 Auto Liability Combined Single Limit 1,000,000 Hired and Non -Owned Auto Coverage 1,000,000 Temporary Substitute Auto Coverage 1,000,000 Evidence of coverage in respects to the Services Reimbursement Agreement. Contract 1560. The Evidence of Coverage does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. Authorized Re resentative 9/1/2017 0 endurisT. WASHINGTON 1610 S Technology Blvd, Suite 100 - Spokane Washington - 99224 Tel. (509) 838-0910 - Toll Free (800) 462-8418 - Fax (509) 747-3875 INSURED/PARTICIPANT: Kitsap Public Health District 345 6th St, Suite 300 Bremerton, WA 98337 CERTIFICATE HOLDER: City of Bremerton Attn: Financial Services 345 6th St, Ste 600 Bremerton, WA 98337 Memorandum #2018-00-012 This is to certify that the Memorandum of Coverage has been issued to the the Member named above for the period indicated. EFFECTIVE: September 1, 2017 to September 1, 2018 COVERAGE: LIMIT Comprehensive General Liability General Liability $ 1,000,000 Professional Liability $ 1,000,000 Personal Liability $ 1,000,000 Auto Liability Combined Single Limit $ 1,000,000 Hired and Non -Owned Auto Coverage $ 1,000,000 Temporary Substitute Auto Coverage $ 1,000,000 Evidence of coverage in respects to the Services Reimbursement Agreement. The Evidence of Coverage does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. Authorized 4resentative 9/1/2017 0 endures. WASHINGTON 1610 S Technology Blvd, Suite 100 - Spokane Washington - 99224 Tel. (509) 838-0910 - Toll Free (800) 462-8418 - Fax (509) 747-3875 KPHD 1560 Amendment 1 (1760) AMENDMENT NO. 1 TO SERVICES REIMBURSEMENT AGREEMENT BETWEEN CITY OF BREMERTON AND KITSAP PUBLIC HEALTH DISTRICT THIS AMENDMENT NO. 1 to the Services Reimbursement Agreement ("Agreement") entered March 6, 2017, between the City of Bremerton and Kitsap Public Health District, referred to collectively as the "Parties," for reimbursement of expenses for security services, is based upon the following recital of facts: WHEREAS, the current Agreement expires December 31, 2017; and WHEREAS, the Parties desire to extend the current term and reimbursement provisions of the Agreement; and WHEREAS, the Agreement requires modification to be made by written instrument signed by both Parties; NOW THEREFORE, the Parties hereby agree: 1. Section II of the Agreement, "Term," is hereby amended to extend the expiration date of the Agreement to December 31, 2018. 2. Section III of the Agreement, "Reimbursement," is hereby amended to increase the reimbursement to an amount not to exceed sixty thousand dollars and 00/100 ($60,000.00), including the $30,000.00 already paid to reimburse for services provided in 2017. 3. All other terms of the Agreement as amended shall remain in full force and effect. IN WITNESS THEREOF, the Parties hereto have executed this Amendment No. 1 as of the date and year last written below. KITSAP P B TH DISTRICT CITY OF BREMERTON w, By: 4ellowlBy: L , W ler Its: A AA Its: DATE: L 2 DATE: LA `30 1 1$ APPROVED AS TO FORM: v ROGER AJXBOVICCity Attorney P 41 A EST: SHANNON CORIN, City Clerk R:1Legal\L.egal\Contracts\FINANCE\Kitsap Public Health District Amendment Ldoc AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Amendment to Services Study Session Date: January 24, 2018 Reimbursement Agreement with Kitsap COUNCIL MEETING Date: February 7, 2018 Public Health District for Security Services at Department: Financial Services the Salvation Army Presenter: Mike Riley Phone: (360) 473-5303 SUMMARY: The City of Bremerton and the Kitsap Public Health District wish to amend a Services Reimbursement Agreement by extending the current term and expiration date of the agreement to December 31, 2018. This isa cooperative effort in which the City will reimburse the Health District for its payments to the Salvation Army for security services located at its a Street facility. This amendment increases the reimbursement agreement by $30,000 for the extended term. The 2018 Non -Departmental budget includes $30,000 for this purpose. ATTACHMENTS: 1) Services Reimbursement Agreement with Kitsap Public Health District and City of Bremerton; 2) Amendment No. 1 to Services Reimbursement Agreement between City of Bremerton and Kitsap Public Health District. FISCAL IMPACTS (Include: Budgeted Amount): This item is included in the 2018 Non - Departmental Budget. STUDY SESSION AGENDA: ® Limited Presentation Full Presentation STUDY SESSION ACTION: Consent Agenda ® General Business Public Hearing RECOMMENDED MOTION Move to approve Amendment No. 1 to Services Reimbursement Agreement between the City, of Bremerton and Kitsap Public Health District, and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: [ja/Approve Form Updated 011=018 n Deny Table Continue No Action AMENDMENT NO. 2 TO SERVICES REIMBURSEMENT AGREEMENT BETWEEN CITY OF BREMERTON AND KITSAP PUBLIC HEALTH DISTRICT THIS AMENDMENT NO. 2 to the Services Reimbursement Agreement (“Agreement”) entered March 6, 2017, between the City of Bremerton and Kitsap Public Health District, referred to collectively as the “Parties,” for reimbursement of expenses for security services, is based upon the following recital of facts: WHEREAS, the current Agreement expires December 31, 2018; and WHEREAS, the Parties desire to extend the current term and reimbursement provisions of the Agreement; and WHEREAS, the Agreement requires modification to be made by written instrument signed by both Parties; NOW THEREFORE, the Parties hereby agree: 1. Section II of the Agreement, “Term,” is hereby amended to extend the expiration date of the Agreement to December 31, 2019. 2. Section III of the Agreement, “Reimbursement,” is hereby amended to increase the reimbursement to an amount not to exceed Ninety thousand dollars and 00/100 ($90,000.00), including any amount already paid to reimburse for services provided in 2018 and 2017. 3. All other terms of the Agreement as amended shall remain in full force and effect. IN WITNESS THEREOF, the Parties hereto have executed this Amendment No. 2 as of the date and year last written below. KITSAP PUBLIC HEALTH DISTRICT ______________________________ By: __________________________ Its: __________________________ DATE: _______________________ CITY OF BREMERTON ______________________________ By: __________________________ Its: __________________________ DATE: _______________________ APPROVED AS TO FORM: ______________________________ ROGER A. LUBOVICH, City Attorney ATTEST: ______________________________ ANGELA WOODS, City Clerk AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Purchase of Retrofit items for the Closed-Circuit Television Van (CCTV) from Cues, Inc. Study Session Date: February 13, 2019 COUNCIL MEETING Date: February 20, 2019 Department: PW&U Presenter: Wayne Hamilton Phone: (360) 473-5207 SUMMARY: The video van was purchased in 2008. In 2017, the camera and software were upgraded. This purchase request is for the lateral camera launcher which has not been replaced or retrofitted since the purchase in 2008. ATTACHMENTS: 1) Memorandum, 2) Cost Estimate FISCAL IMPACTS (Include Budgeted Amount): This is budgeted through the 2019 Sewer Capital Budget. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the purchase of the retrofit items for the Closed Circuit Television van from Cues, Inc. in the amount of $28,760.00 plus Washington State sales tax, with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 A4 Working for and with our residents to establish Bremerton as Puget Sound’s most beautiful and livable waterfront city ! Public Works and Utilities Department 100 Oyster Bay Ave. N.  Bremerton, WA 98312  (360) 473-5920  FAX (360) 473-5360 DATE: February 13, 2019 TO: Procurement File FROM: Chal Martin, Public Works & Utilities Director SUBJECT: Sole Source Determination Pursuant to BMC 2.76.090, City staff did not seek three bids for the purchase of CCTV equipment for the video van. Instead, we sought a quote from Cues, whi ch proposed sale of the equipment, licenses, installation, training and delivery at a cost of $28,760.00 plus Washington State sales tax. Obtaining three bids would not be in the City’s best interest and direct negotiation is the more appropriate means of making the purchase. Cues provides the proper and proprietary products that work with the currently installed Cues equipment. Using another company would require replacement of most if not all the surrounding equipment in the van, at a much greater cost to the City. AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Purchase of a Remount/Refurbish for a 2019 Dodge Ram 4500 from Braun NW, Inc. of Chehalis, WA; and a Power Load Lift from Stryker Medical of Chicago, IL Study Session Date: February 13, 2019 COUNCIL MEETING Date: February 20, 2019 Department: PWU & ERR Presenter: M. Hawkins-Bates Phone: (360) 473-5333 SUMMARY: The fire department is proposing to have one paramedic ambulances remounted/ refurbished. The 2006 vehicle will have a new Dodge diesel chassis place under their current boxes. The box would have modifications and be refurbished. This process has been done by the fire department in 2016 and 2017 has been cost effective. The total cost of the remount/refurbish and for a Power Load Lift from Stryker Medical would be $176,236.26 which includes Washington State taxes. The estimated cost to purchase one totally brand new ambulances would be approximately $250,000. The Fire Department is proposing to use the sole source provision on this proposal. ATTACHMENTS: 1) Quote 2) Justification 3) Sole Source FISCAL IMPACTS (Include Budgeted Amount): This is budgeted within Fund 510 STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Approve the purchase and remount of a 2019 Dodge Ram 4500 Remount/Refurbish amount of $152,258.00 including Washington State Sales Tax from Braun NW Inc. of Chehalis, WA; and approve the purchase of a Power Load Lift in the amount of 23,978.26 including Washington State Sales Tax from Stryker Medical from Chicago, IL. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 A5 Working for and with our citizens to establish Bremerton as Puget Sound’s most beautiful and livable waterfront city ! Public Works and Utilities Department 100 Oyster Bay Ave. N.  Bremerton, WA 98312  (360) 473-5315  FAX (360) 473-5360 EQUIPMENT JUSTIFICATION DATE: February 4, 2019 TO: File FROM: Milenka Hawkins-Bates, Operations Manager SUBJECT: 2019 Vehicle Justification – Purchase and Remount of 2019 Dodge Ram 4500 Ambulance Chassis – BFD This purchase includes 2019 Dodge Ram 4500 Ambulance Chassis for replacement, the criteria is as follows: Aprox. Vehicle# Description Purch Date Mileage Criteria 2118 2006 Ford E450 Ambulance Chassis Dec 2005 146,390 Age, mileage and maint. criteria have been met This vehicle will be surplus to Braun AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Purchase of a Ford F-250 from Columbia Ford of Longview, WA Study Session Date: February 13, 2019 COUNCIL MEETING Date: February 20, 2019 Department: PW&U / ERR Presenter: Milenka Hawkins-Bates Phone: (360) 473-5333 SUMMARY: The request before Council is to a replace a 1994 Chevrolet K3500 Service Truck. This quote is for one Ford F-250. We will be utilizing State Contract No. 05916. The total cost for the vehicle is $ 50,722.00 which includes Washington State sales tax. ATTACHMENTS: 1) Quote from Columbia Ford; 2) Justification FISCAL IMPACTS (Include Budgeted Amount): Funds for the replacement vehicle will come from Fund 510. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the purchase of one Ford F-250 per quote in the amount of $50,722.00 including Washington State sales tax from Columbia Ford of Longview WA. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 A6 Working for and with our citizens to establish Bremerton as Puget Sound’s most beautiful and livable waterfront city ! Public Works and Utilities Department 100 Oyster Bay Ave. N.  Bremerton, WA 98312  (360) 473-5315  FAX (360) 473-5360 EQUIPMENT JUSTIFICATION DATE: February 4, 2019 TO: File FROM: Milenka Hawkins-Bates, Operations Manager SUBJECT: 2019 Vehicle Justification – Purchase of 2019 Ford F-250 4WD – BFD This purchase includes 2019 Ford F-250 4WD for replacement, the criteria is as follows: Aprox. Vehicle# Description Purch Date Mileage Criteria 2140 1994 Chev Service Truck Nov 1994 30,000 Age, need and maint. criteria have been met This vehicle will go to Surplus AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Purchase of 2019 Ford Escape from Columbia Ford of Longview, WA Study Session Date: February 13, 2019 COUNCIL MEETING Date: February 20, 2019 Department: PW&U / ERR Presenter: Milenka Hawkins-Bates Phone: (360) 473-5333 SUMMARY: The approved 2019 budget shows a purchase of one Ford Escape for the IT Department. The requested purchase is for 2019 Ford Escape 4WD with all required options per state contract No. 05916 in the amount of $28,185.00 including Washington State sales tax. The authorized dealer is Columbia Ford, Longview WA. ATTACHMENTS: 1) Quote 2) Justification FISCAL IMPACTS (Include Budgeted Amount): The IT Escape is a new addition to the fleet and is budgeted within the 511 Fund. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the purchase of 2019 Ford Escape with all required options per State Contract No. 05916 in the amount of $28,185.00 including Washington State sales tax. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 A7 NEW PROGRAM REQUEST Fund: 511 Department: Financial Services – Information Technology Program Name: Second Vehicle I. Explanation for adding a new program. Include reasoning and benefit along with impact on both Revenue and Expenditure Budgets.  Operational requirements are indicating that Information Technology needs to acquire a second vehicle.  With the recent increase in FTE by 2 full time employees, we are experience delays in service calls due to transportation unavailability. This is compounded by the age of our current and only vehicle. It breaks down somewhat frequently. It is due to be replaced in 2020.  Additionally, if the new program request for Standby is approved, the Union contract prescribes that a take home vehicle be made available to the standby technician. II. How long will the program last? Indicate if the program is one-time or ongoing. One Time Purchase, Ongoing O&M III. REVENUE - Does the new program include a new revenue source? If yes, indicate the type of revenue and amount. This purchase will be made from 511 Fund balance. Revenue Type BARS No. Amount Taxes Licenses & Permits Intergovernmental Fines & Forfeitures Miscellaneous Other & Transfer Total IV. If the revenue identified above is a grant, describe the grant source and match amount required. V. EXPENDITURE – Does the new program include expenditures? If yes, indicate the type of expenditure and amount. Public Works is recommending a budget earmark in the amount of $45,000. Expenditure Type BARS No. Amount Personnel Supplies & Services 518.8876 - 54529 $45,000 Capital Transfers Total VI. Does the new program include additional staffing? If yes, attach Staff Adjustment Form. a. Yes ( ) b. No (X) AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Interlocal Agreement with Kitsap Transit for Schedule 74 Underground Power Conversion for the Wheaton Way Transit Center Study Session Date: February 13, 2019 COUNCIL MEETING Date: February 20, 2019 Department: PW&U Presenter: Tom Knuckey Phone: (360) 473-2376 SUMMARY: As part of the development of the Wheaton Way Transit Center, Kitsap Transit has elected to underground power along their Wheaton Way frontage to make room for a bus pull-out lane; the cost for Puget Sound Energy (PSE) to complete this work is approximately $193,000. PSE has a franchise with the City making the City eligible to enter into Schedule 74 cost share agreements to underground power. The attached Interlocal Agreement facilitates execution of Schedule 74 agreements between the City and PSE, with Kitsap Transit maintaining responsibility for all design and construction costs. Two agreements are anticipated; one for design and a second for construction of the underground power conversion. ATTACHMENTS: 1) Interlocal Agreement; 2) Schedule 74 Agreement (Blank); 3) Site Plan FISCAL IMPACTS (Include Budgeted Amount): City cost is limited to staff time to administer and manage the Schedule 74 agreements. Per the Schedule 74 agreement terms, the City will reimburse 40% of PSE’s costs for the conversion; this is projected at $77,000. This cost will be paid by the City, then reimbursed by Kitsap Transit and so the net cost to the City is $0. This expense and revenue is not in the 2019 Transportation Capital Budget, and so a budget adjustment is required. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to authorize a budget adjustment to the Transportation Capital Fund for the Schedule 74 Conversion and approve the Interlocal Agreement between Kitsap Transit and the City of Bremerton for Undergrounding Power on Wheaton Way; and authorize the Mayor to finalize and execute the Interlocal Agreement as well as the forthcoming Schedule 74 Design and Construction Agreements with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 A8 Construction Agreement, Attachment “B” to Schedule 74, Page 1 [insert project name here] SCHEDULE 74 UNDERGROUND CONVERSION Project Construction Agreement Project Name: Project Number: THIS Agreement, dated as of this ____ day of _______________ , 200__, is made by and between ____________________________, a ___________________________________ (the “Government Entity”), and PUGET SOUND ENERGY, Inc., a Washington Corporation (the “Company"). RECITALS A. The Company is a public service company engaged in the sale and distribution of electric energy, and pursuant to its franchise or other rights from the Government Entity, currently locates its electric distribution facilities within the jurisdictional boundaries of the Government Entity. B. The Government Entity has determined that it is necessary to replace the existing overhead electric distribution system within the area specified in the Project Plan (as defined below) (the "Conversion Area") with a comparable underground electric distribution system, all as more specifically described in the Project Plan (the "Conversion Project"). C. The Government Entity and the Company have previously entered into a Project Design Agreement dated as of __________ (the "Design Agreement"), pursuant to which the parties completed certain engineering design, cost assessment, operating rights planning and other preliminary work relating to the Conversion Project and, in connection with that effort, developed the Project Plan. D. The Government Entity and the Company wish to execute this written contract in accordance with Schedule 74 of the Company's Electric Tariff G ("Schedule 74") to govern the completion of the Conversion Project, which both parties intend shall qualify as an underground conversion under the terms of Schedule 74. AGREEMENT The Government Entity and the Company therefore agree as follows: 1. Definitions. (a) Unless specifically defined otherwise herein, all terms defined in Schedule 74 shall have the same meanings when used in this Agreement, including, without limitation, the following: i) Cost of Conversion; ii) Public Thoroughfare; iii) Temporary Service; iv) Trenching and Restoration; v) Underground Distribution System; and vi) Underground Service Lines. (b) “Company-Initiated Upgrade” shall mean any feature of the Underground Distribution System which is required by the Company and is not reasonably required to make the Underground Distribution System comparable to the overhead distribution system being replaced. For purposes of the foregoing, a "comparable" system shall include, unless the Parties otherwise agree, the number of empty ducts (not to exceed two (2), typically having a diameter of 6" or less) Construction Agreement, Attachment “B” to Schedule 74, Page 2 [insert project name here] of such diameter and number as may be specified and agreed upon in the Project Plan necessary to replicate the load-carrying capacity (system amperage class) of the overhead system being replaced. (c) “Estimated Reimbursable Private Conversion Costs” shall mean the Company's good faith estimate of the Reimbursable Private Conversion Costs, as specified in the Project Plan and as changed and adjusted from time to time in accordance with Section 6, below. (d) “Estimated Reimbursable Temporary Service Costs” shall mean the Company's good faith estimate of the Reimbursable Temporary Service Costs, as specified in the Project Plan and as changed and adjusted from time to time in accordance with Section 6, below. (e) “Estimated Reimbursable Upgrade Costs” shall mean the Company's good faith estimate of the Reimbursable Upgrade Costs, as specified in the Project Plan and as changed and adjusted from time to time in accordance with Section 6, below. (f) “Estimated Shared Company Costs” shall mean the Company's good faith estimate of the Shared Company Costs, as specified in the Project Plan and as changed and adjusted from time to time in accordance with Section 6, below. (g) “Estimated Shared Government Costs” shall mean the Government Entity's good faith estimate of the Shared Government Costs, as specified in the Project Plan and as changed and adjusted from time to time in accordance with Section 6, below. (h) “Government-Requested Upgrade” shall mean any feature of the Underground Distribution System which is requested by the Government Entity and is not reasonably required to make the Underground Distribution System comparable to the overhead distribution system being replaced. For purposes of the foregoing, any empty ducts installed at the request of the Government Entity shall be a Government-Requested Upgrade. (i) “Party” shall mean either the Company, the Government Entity, or both. (j) “Private Property Conversion” shall mean that portion, if any, of the Conversion Project for which the existing overhead electric distribution system is located, as of the date determined in accordance with Schedule 74, (i) outside of the Public Thoroughfare, or (ii) pursuant to rights not derived from a franchise previously granted by the Government Entity or pursuant to rights not otherwise previously granted by the Government Entity. (k) “Project Plan” shall mean the project plan developed by the Parties under the Design Agreement and attached hereto as Exhibit A, as the same may be changed and amended from time to time in accordance with Section 6, below. The Project Plan includes, among other things, (i) a detailed description of the Work that is required to be performed by each Party and any third party, (ii) the applicable requirements and specifications for the Work, (iii) a description of the Operating Rights that are required to be obtained by each Party for the Conversion Project (and the requirements and specifications with respect thereto), (iv) an itemization and summary of the Estimated Shared Company Costs, Estimated Shared Government Costs, Estimated Reimbursable Private Conversion Costs (if any), Estimated Reimbursable Temporary Service Costs (if any) and Estimated Reimbursable Upgrade Costs (if any), and (v) the Work Schedule. (l) “Operating Rights” shall mean sufficient space and legal rights for the construction, operation, repair, and maintenance of the Underground Distribution System. (m) “Reimbursable Private Conversion Costs” shall mean (i) all Costs of Conversion, if any, incurred by the Company which are attributable to a Private Property Conversion, less (ii) the distribution pole replacement costs (if any) that would be avoided by the Company on account of such Private Property Conversion, as determined consistent with the applicable Company distribution facilities Construction Agreement, Attachment “B” to Schedule 74, Page 3 [insert project name here] replacement program, plus (iii) just compensation as provided by law for the Company's interests in real property on which such existing overhead distribution system was located prior to conversion; provided that the portion of the Reimbursable Private Conversion Costs attributable to the Costs of Conversion under subparagraph (i) of this paragraph shall not exceed the Estimated Reimbursable Private Conversion Costs without the prior written authorization of the Government Entity. (n) “Reimbursable Temporary Service Costs” shall mean all costs incurred by the Company which are attributable to (i) any facilities installed as part of the Conversion Project to provide Temporary Service, as provided for in Schedule 74, and (ii) the removal of any facilities installed to provide Temporary Service (less salvage value of removed equipment); provided that the Reimbursable Temporary Service Costs shall not exceed the Estimated Reimbursable Temporary Service Costs without the prior written authorization of the Government Entity. (o) “Reimbursable Upgrade Costs” shall mean all Costs of Conversion incurred by the Company which are attributable to any Government-Requested Upgrade; provided that the Reimbursable Upgrade Costs shall not exceed the Estimated Reimbursable Upgrade Costs without the prior written authorization of the Government Entity. (p) “Shared Company Costs” shall mean all Costs of Conversion (other than Reimbursable Upgrade Costs, Reimbursable Private Conversion Costs and Reimbursable Temporary Service Costs) incurred by the Company in connection with the Conversion Project; provided, however, that the Shared Company Costs shall not exceed the Estimated Shared Company Costs without the prior written authorization of the Government Entity. For the avoidance of doubt, the "Shared Company Costs" shall, as and to the extent specified in the Design Agreement, include the actual, reasonable costs to the Company for the "Design Work" performed by the Company under the Design Agreement. (q) “Shared Government Costs” shall mean all Costs of Conversion incurred by the Government Entity in connection with (i) any duct and vault installation Work which the Parties have specified in the Project Plan is to be performed by the Government Entity as part of the Government Work, and (ii) the acquisition of any Operating Rights which the Parties have, by mutual agreement, specified in the Project Plan are to be obtained by the Government Entity for the Conversion Project, but only to the extent attributable to that portion of such Operating Rights which is necessary to accommodate the facilities of the Company; provided, however, that the Shared Government Costs shall not exceed the Estimated Shared Government Costs without the prior written authorization of the Company. (r) “Total Shared Costs” shall mean the sum of the Shared Company Costs and the Shared Government Costs. For the avoidance of doubt, the Total Shared Costs shall not include, without limitation, (i) costs to the Government Entity for Trenching and Restoration, or (ii) costs associated with any joint use of trenches by other utilities as permitted under Section 3(b). (s) “Work” shall mean all work to be performed in connection with the Conversion Project, as more specifically described in the Project Plan, including, without limitation, the Company Work (as defined in Section 2(a), below) and the Government Work (as defined in Section 3(a), below). (t) “Work Schedule” shall mean the schedule specified in the Project Plan which sets forth the milestones for completing the Work, as the same may be changed and amended from time to time in accordance with Section 6, below. 2. Obligations of the Company. (a) Subject to the terms and conditions of this Agreement, the Company shall do the following as specified in, and in accordance with the design and construction specifications and other requirements set forth in, the Project Plan (the "Company Work"): Construction Agreement, Attachment “B” to Schedule 74, Page 4 [insert project name here] i) furnish and install an Underground Distribution System within the Conversion Area (excluding any duct and vault installation or other Work which the Parties have specified in the Project Plan is to be performed by the Government Entity); ii) provide a Company inspector on-site at the times specified in the Work Schedule to inspect the performance of any duct and vault installation Work which the Parties have specified in the Project Plan is to be performed by the Government Entity; and iii) upon connection of those persons or entities to be served by the Underground Distribution System and removal of facilities of any other utilities that are connected to the poles of the overhead system, remove the existing overhead system (including associated wires and Company-owned poles) of 15,000 volts or less within the Conversion Area except for Temporary Services. (b) Upon request of the Government Entity, the Company shall provide periodic reports of the progress of the Company Work identifying (i) the Company Work completed to date, (ii) the Company Work yet to be completed, and (iii) an estimate regarding whether the Conversion Project is on target with respect to the Estimated Shared Company Costs, the Estimated Reimbursable Private Conversion Costs (if any), the Estimated Reimbursable Temporary Service Costs (if any), the Estimated Reimbursable Upgrade Costs (if any) and the Work Schedule. (c) Except as otherwise provided in the Company's Electric Tariff G, the Company shall own, operate and maintain all electrical facilities installed pursuant to this Agreement including, but not limited to, the Underground Distribution System and Underground Service Lines. (d) Subject to the terms and conditions of this Agreement, the Company shall perform all Company Work in accordance with the Project Plan, the Work Schedule and this Agreement. 3. Obligations of the Government Entity. (a) Subject to the terms and conditions of this Agreement, the Government Entity shall do the following as specified in, and in accordance with the design and construction specifications and other requirements set forth in, the Project Plan (the "Government Work"): i) provide the Trenching and Restoration; ii) perform the surveying for alignment and grades for ducts and vaults; and iii) perform any duct and vault installation and other Work which the Parties have specified in the Project Plan is to be performed by the Government Entity. (b) Other utilities may be permitted by the Government Entity to use the trenches provided by the Government Entity for the installation of their facilities so long as such facilities or the installation thereof do not interfere (as determined pursuant to the Company's electrical standards) with the Underground Distribution System or the installation or maintenance thereof. Any such use of the trenches by other utilities shall be done subject to and in accordance with the joint trench design specifications and installation drawings set forth or otherwise identified in the Project Plan, and the Government Entity shall be responsible for the coordination of the design and installation of the facilities of the other utilities to ensure compliance with such specifications and drawings. (c) Upon request of the Company, the Government Entity shall provide periodic reports of the progress of the Government Work identifying (i) the Government Work completed to date, (ii) the Government Work yet to be completed, and (iii) an estimate regarding whether the Conversion Project is on target with respect to the Estimated Shared Government Costs and the Work Schedule. (d) The Government Entity shall be responsible for coordinating all work to be performed in connection with the street improvement program within the Conversion Area. Construction Agreement, Attachment “B” to Schedule 74, Page 5 [insert project name here] (e) Subject to the terms and conditions of this Agreement, the Government Entity shall perform all Government Work in accordance with the Project Plan, the Work Schedule and this Agreement. 4. Work Schedule. (a) The Government Entity and the Company have agreed upon the Work Schedule as set forth in the Project Plan. Changes to the Work Schedule shall be made only in accordance with Section 6, below. (b) Promptly following the execution of this Agreement, and upon completion by the Government Entity of any necessary preliminary work, the Government Entity shall hold a pre-construction meeting involving all participants in the Conversion Project to review project design, coordination requirements, work sequencing and related pre-mobilization requirements. Following the pre- construction meeting, the Government Entity shall give the Company written notice to proceed with the Work at least ten (10) business days prior to the commencement date specified in the Work Schedule. (c) Subject to the terms and conditions of this Agreement, each Party shall perform the Work assigned to it under this Agreement in accordance with the Work Schedule. So long as the Company performs the Company Work in accordance with the Work Schedule, the Company shall not be liable to the Government Entity (or its agents, servants, employees, contractors, subcontractors, or representatives) for any claims, actions, damages, or liability asserted or arising out of delays in the Work Schedule. 5. Location of Facilities. All facilities of the Company installed within the Conversion Area pursuant to this Agreement shall be located, and all related Operating Rights shall be obtained, in the manner set forth in the applicable provisions of Schedule 74, as specified by the Parties in the Project Plan. 6. Changes. (a) Either Party may, at any time, by written notice thereof to the other Party, request changes in the Work within the general scope of this Agreement (a "Request for Change"), including, but not limited to: (i) changes in, substitutions for, additions to or deletions of any Work; (ii) changes in the specifications, drawings and other requirements in the Project Plan, (iii) changes in the Work Schedule, and (iv) changes in the location, alignment, dim ensions or design of items included in the Work. No Request for Change shall be effective and binding upon the Parties unless signed by an authorized representative of each Party. (b) If any change included in an approved Request for Change would cause a change in the cost of, or the time required for, the performance of any part of the Work, an equitable adjustment shall be made in the Estimated Shared Company Costs, the Estimated Shared Government Costs, the Estimated Reimbursable Private Conversion Costs (if any), the Estimated Reimbursable Temporary Service Costs (if any), the Estimated Reimbursable Upgrade Costs (if any) and/or the Work Schedule to reflect such change. The Parties shall negotiate in good faith with the objective of agreeing in writing on a mutually acceptable equitable adjustment. If the Parties are unable to agree upon the terms of the equitable adjustment, either Party may submit the matter for resolution pursuant to the dispute resolution provisions in Section 10, below. (c) The Work Schedule, the Estimated Shared Company Costs, the Estimated Shared Government Costs, the Estimated Reimbursable Private Conversion Costs, the Estimated Reimbursable Temporary Service Costs and/or the Estimated Reimbursable Upgrade Costs shall be further equitably adjusted from time to time to reflect any change in the costs or time required to perform the Work to the extent such change is caused by: (i) any Force Majeure Event under Section 11, below, (ii) the discovery of any condition within the Conversion Area which affects the scope, cost, Construction Agreement, Attachment “B” to Schedule 74, Page 6 [insert project name here] schedule or other aspect of the Work and was not known by or disclosed to the affected Party prior to the date of this Agreement, or (iii) any change or inaccuracy in any assumptions regarding the scope, cost, schedule or other aspect of the Work which are expressly identified by the Parties in the Project Plan. Upon the request of either Party, the Parties will negotiate in good faith with the objective of agreeing in writing on a mutually acceptable equitable adjustment. If, at any time thereafter, the Parties are unable to agree upon the terms of the equitable adjustment, either Party may submit the matter for resolution pursuant to the dispute resolution provisions in Section 10, below. (d) Notwithstanding any dispute or delay in reaching agreement or arriving at a mutually acceptable equitable adjustment, each Party shall, if requested by the other Party, proceed with the Work in accordance with any approved Request for Change. Any request to proceed hereunder must be accompanied by a written statement setting forth the requesting Party's reasons for rejecting the proposed equitable adjustment of the other Party. 7. Compensation and Payment. (a) Subject to and in accordance with the terms and conditions of this Agreement (including, without limitation, the payment procedures set forth in this Section 7), payment in connection with the Conversion Project and this Agreement shall be as follows: i) The Total Shared Costs shall be allocated to the Parties in the following percentages: (A) sixty percent (60%) to the Company, and (B) forty percent (40%) to the Government Entity. ii) The Government Entity shall pay one hundred percent (100%) of all Reimbursable Private Conversion Costs, if any. iii) The Government Entity shall pay one hundred percent (100%) of all Reimbursable Upgrade Costs, if any. iv) The Government Entity shall pay one hundred percent (100%) of all Reimbursable Temporary Service Costs, if any. v) The Government Entity shall pay one hundred percent (100%) of the costs it incurs to perform that portion of the Government Work specified in Section 3(a)(i) and (ii) (i.e., Trenching and Restoration and surveying). vi) The Company shall pay one hundred percent (100%) of the costs it incurs to design, provide and construct any Company-Initiated Upgrade. vii) The Company shall pay one hundred percent (100%) of the costs it incurs to obtain Operating Rights outside the Public Thoroughfare. (b) Based on the allocation of responsibilities set forth in Section 7(a), above, the Parties shall determine the net amount payable by the Government Entity or the Company, as applicable, to the other Party under this Agreement (the "Net Amount"). The Net Amount shall be determined by using the amount of the Total Shared Costs allocated to the Government Entity under Section 7(a)(i), and adjusting such amount as follows: i) Subtracting (as a credit to the Government Entity) the amount of the Shared Government Costs. ii) Adding (as a credit to the Company) the amount of all Reimbursable Private Conversion Costs, Reimbursable Upgrade Costs and Reimbursable Temporary Service Costs. iii) Subtracting (as a credit to the Government Entity) any payments previously made to the Company by the Government Entity under the Design Agreement which, under the terms of the Design Agreement, are to be credited to the Government Entity under this Agreement. The Net Amount, as so calculated, (A) will be an amount payable to the Company if it is a positive number, and (B) shall be an amount payable to the Government Entity if it is a negative number. Construction Agreement, Attachment “B” to Schedule 74, Page 7 [insert project name here] (c) Within sixty (60) business days of completion of the Conversion Project, the Government Entity shall provide the Company with an itemization of the Shared Government Costs (the "Government Itemization"), together with such documentation and information as the Company may reasonably request to verify the Government Itemization. The Government Itemization shall, at a minimum, break down the Shared Government Costs by the following categories, as applicable: (i) property and related costs incurred and/or paid by the Government Entity, including any costs of obtaining Operating Rights, and (ii) construction costs incurred and/or paid by the Government Entity, including and listing separately inspection, labor, materials and equipment, overhead and all costs charged by any agent, contractor or subcontractor of the Government Entity. (d) Within thirty (30) business days after the Company's receipt of the Government Itemization and requested documentation and information, the Company shall provide the Government Entity a written statement (the "Company Statement") showing (i) an itemization of the Shared Company Costs, (ii) the Parties' relative share of the Total Shared Costs based on the Company's itemization of the Shared Company Costs and the Government Entity's itemization of the Shared Government Costs set forth in the Government Itemization, (iii) any Reimbursable Private Conversion Costs, (iv) any Reimbursable Upgrade Costs, (v) any Reimbursable Temporary Service Costs, (vi) any credits to the Government Entity for payments previously made to the Company by the Government Entity under the Design Agreement which, under the terms of the Design Agreement, are to be credited to the Government Entity under this Agreement, and (vii) the Net Amount, as determined in accordance with Section 7(b), above, together with such documentation and information as the Government Entity may reasonably request to verify the Company Statement. The itemization of the Shared Company Costs included in the Company Statement shall, at a minimum, break down the Shared Company Costs by the following categories, as applicable: (i) design and engineering costs, and (ii) construction costs, including and listing separately inspection, labor, materials and equipment, overhead and all costs charged by any agent, contractor or subcontractor of the Company. (e) Within thirty (30) business days after the Government Entity's receipt of the Company Statement and requested documentation and information, the Net Amount shall be paid by the owing Party to the other Party, as specified in the Company Statement. 8. Indemnification. (a) The Government Entity releases and shall defend, indemnify and hold the Company harmless from all claims, losses, harm, liabilities, damages, costs and expenses (including, but not limited to, reasonable attorneys' fees) caused by or arising out of any negligent act or omission or willful misconduct of the Government Entity in its performance under this Agreement. During the performance of such activities the Government Entity's employees or contractors shall at all times remain employees or contractors, respectively, of the Government Entity. (b) The Company releases and shall defend, indemnify and hold the Government Entity harmless from all claims, losses, harm, liabilities, damages, costs and expenses (including, but not limited to, reasonable attorneys' fees) caused by or arising out of any negligent act or omission or willful misconduct of the Company in its performance under this Agreement. During the performance of such activities the Company's employees or contractors shall at all times remain employees or contractors, respectively, of the Company. (c) Solely for purposes of enforcing the indemnification obligations of a Party under this Section 8, each Party expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, and agrees that the obligation to indemnify, defend and hold harmless provided for in this Section 8 extends to any such claim brought against the indemnified Party by or on behalf of any employee of the indemnifying Party. The foregoing waiver shall not in any way preclude the indemnifying Party from raising such immunity as a defense against any claim brought against the indemnifying Party by any of its employees. Construction Agreement, Attachment “B” to Schedule 74, Page 8 [insert project name here] 9. Conversion of Service to Customers within Conversion Area. (a) Upon commencement of the Work, the Government Entity shall notify all persons and entities within the Conversion Area that service lines to such customers must be converted from overhead to underground service within the applicable statutory period following written notice from the Government Entity that service from underground facilities are available in accordance with RCW 35.96.050. Upon the request of any customer, other than a single family residential customer, within the Conversion Area, the Company shall remove the overhead system and connect such persons’ and entities’ Underground Service Lines to the Underground Distribution System. (b) The Parties acknowledge that single family residences within the Conversion Area must (i) provide a service trench and conduit, in accordance with the Company's specifications, from the underground meter base to the point of service provided during the conversion, and (ii) pay for the secondary service conductors as defined in Schedule 85 of the Company's Electric Tariff G. The Government Entity shall exercise its authority to order disconnection and removal of overhead facilities with respect to owners failing to convert service lines from overhead to underground within the timelines provided in RCW 35.96.050. 10. Dispute Resolution. (a) Any dispute, disagreement or claim arising out of or concerning this Agreement must first be presented to and considered by the Parties. A Party who wishes dispute resolution shall notify the other Party in writing as to the nature of the dispute. Each Party shall appoint a representative who shall be responsible for representing the Party's interests. The representatives shall exercise good faith efforts to resolve the dispute. Any dispute that is not resolved within ten (10) business days of the date the disagreement was first raised by written notice shall be referred by the Parties' representatives in writing to the senior management of the Parties for resolution. In the event the senior management are unable to resolve the dispute within twenty (20) business days (or such other period as the Parties may agree upon), each Party may pursue resolution of the dispute through other legal means consistent with the terms of this Agreement. All negotiations pursuant to these procedures for the resolution of disputes shall be confidential and shall be treated as compromise and settlement negotiations for purposes of the state and federal rules of evidence. (b) Any claim or dispute arising hereunder which relates to any Request for Change or any equitable adjustment under Section 6, above, or the compensation payable by or to either Party under Section 7, above, and which is not resolved by senior management within the time permitted under Section 10(a), above, shall be resolved by arbitration in Seattle, Washington, under the Construction Industry Arbitration Rules of the American Arbitration Association then in effect. The decision(s) of the arbitrator(s) shall be final, conclusive and binding upon the Parties. All other disputes shall be resolved by litigation in any court or governmental agency, as applicable, having jurisdiction over the Parties and the dispute. (c) In connection with any arbitration under this Section 10, costs of the arbitrator(s), hearing rooms and other common costs shall be divided equally among the Parties. Each Party shall bear the cost and expense of preparing and presenting its own case (including, but not limited to, its own attorneys' fees); provided, that, in any arbitration, the arbitrator(s) may require, as part of his or her decision, reimbursement of all or a portion of the prevailing Party's costs and expenses (including, but not limited to, reasonable attorneys' fees) by the other Party. (d) Unless otherwise agreed by the Parties in writing, the Parties shall continue to perform their respective obligations under this Agreement during the pendency of any dispute. Construction Agreement, Attachment “B” to Schedule 74, Page 9 [insert project name here] 11. Uncontrollable Forces. In the event that either Party is prevented or delayed in the performance of any of its obligations under this Agreement by reason beyond its reasonable control (a "Force Majeure Event"), then that Party’s performance shall be excused during the Force Majeure Event. Force Majeure Events shall include, without limitation, war; civil disturbance; flood, earthquake or other Act of God; storm, earthquake or other condition which necessitates the mobilization of the personnel of a Party or its contractors to restore utility service to customers; laws, regulations, rules or orders of any governmental agency; sabotage; strikes or similar labor disputes involving personnel of a Party, its contractors or a third party; or any failure or delay in the performance by the other Party, or a third party who is not an employee, agent or contractor of the Party claiming a Force Majeure Event, in connection with the Work or this Agreement. Upon removal or termination of the Force Majeure Event, the Party claiming a Force Majeure Event shall promptly perform the affected obligations in an orderly and expedited manner under this Agreement or procure a substitute for such obligation. The Parties shall use all commercially reasonable efforts to eliminate or minimize any delay caused by a Force Majeure Event. 12. Insurance. (a) PSE shall, and shall require each of its contractors to, secure and maintain in force throughout the duration of the Conversion Project (or, if sooner, until termination of this Agreement) comprehensive general liability insurances, with a minimum coverage of $__________ per occurrence and $__________ aggregate for personal injury; and $__________ per occurrence/ aggregate for property damages, and professional liability insurance in the amount of $________. (b) The Government Entity shall ensure that each of its contractors performing any Government Work secures and maintains in force throughout the duration of the Conversion Project (or, if sooner, until termination of this Agreement) insurance policies having the same coverage, amounts and limits as specified Section 12(a), above. (c) In lieu of the insurance requirements set forth in Section 12(a), above, the Company may self- insure against such risks in such amounts as are consistent with good utility practice. Upon the Government Entity's request, the Company shall provide the Government Entity with reasonable written evidence that the Company is maintaining such self-insurance. 13. Other. (a) Agreement Subject To Tariff. This Agreement is subject to the General Rules and Provisions set forth in Tariff Schedule 80 of the Company's electrical Tariff G and to Schedule 74 of such Tariff as approved by the Washington Utilities and Transportation Commission and in effect as of the date of this Agreement. (b) Termination. The Government Entity reserves the right to terminate the Conversion Project and this Agreement upon written notice to the Company. In the event that the Government Entity terminates the Conversion Project and this Agreement, the Government Entity shall reimburse the Company for all costs reasonably incurred by the Company in connection with the Work performed prior to the effective date of termination. In such event, the costs reimbursable to the Company (i) shall not be reduced by any Shared Government Costs or other costs incurred by the Government Entity, and (ii) shall be paid within thirty (30) days after the receipt of the Company's invoice therefor. Sections 1, 5, 7, 8, 9, 10, 11 and 13 shall survive any termination of the Conversion Project and/or this Agreement. (c) Facilities Greater Than 15,000 Volts. Nothing in this Agreement shall in any way affect the rights or obligations of the Company under any previous agreements pertaining to the existing or future facilities of greater than 15,000 Volts within the Conversion Area. Construction Agreement, Attachment “B” to Schedule 74, Page 10 [insert project name here] (d) Compliance With Law. The Parties shall, in performing the Work under this Agreement, comply with all applicable federal, state, and local laws, ordinances, and regulations. (e) No Discrimination. The Company, with regard to the Work performed by the Company under this Agreement, shall comply with all applicable laws relating to discrimination on the basis race, color, national origin, religion, creed, age, sex, or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. (f) Independent Contractor. The Company and the Government Entity agree that the Company is an independent contractor with respect to the Work and this Agreement. The Company is acting to preserve and protect its facilities and is not acting for the Government Entity in performing the Work. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the Parties. Neither the Company nor any employee of the Company shall be entitled to any benefits accorded employees of the Government Entity by virtue of the Work or this Agreement. The Government Entity shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Company, or any employee of the Company. (g) Nonwaiver of Rights or Remedies. No failure or delay of either Party to insist upon or enforce strict performance by the other Party of any provision of this Agreement or to exercise any other right under this Agreement, and no course of dealing or performance with respect thereto, shall, except to the extent provided in this Agreement, be construed as a waiver or, or choice of, or relinquishment of any right under any provision of this Agreement or any right at law or equity not otherwise provided for herein. The express waiver by either Party of any right or remedy under this Agreement or at law or equity in a particular instance or circumstance shall not constitute a waiver thereof in any other instance or circumstance. (h) No Third Party Beneficiaries. There are no third-party beneficiaries of this Agreement. Nothing contained in this Agreement is intended to confer any right or interest on anyone other than the Parties, their respective successors, assigns and legal representatives. (i) Governmental Authority. This Agreement is subject to the rules, regulations, orders and other requirements, now or hereafter in effect, of all governmental regulatory authorities and courts having jurisdiction over this Agreement, the Parties or either of them. All laws, ordinances, rules, regulations, orders and other requirements, now or hereafter in effect, of governmental regulatory authorities and courts that are required to be incorporated into agreements of this character are by this reference incorporated in this Agreement. (j) No Partnership. This Agreement shall not be interpreted or construed to create an association, joint venture or partnership between the Parties or to impose any partnership obligations or liability upon either Party. Further, neither Party shall have any right, power or authority to enter into any agreement or undertaking for or on behalf of, to act as or be an agent or representative of, or to otherwise bind the other Party. (k) Severability. In the event that any provision of this Agreement or the application of any such provision shall be held invalid as to either Party or any circumstance by any court having jurisdiction, such provision shall remain in force and effect to the maximum extent provided by law, and all other provisions of this Agreement and their application shall not be affected thereby but shall remain in force and effect unless a court or arbitrator holds they are not severable from the invalid provisions. Construction Agreement, Attachment “B” to Schedule 74, Page 11 [insert project name here] (l) Notice. Any notice under this Agreement shall be in writing and shall be faxed (with a copy followed by mail or hand delivery), delivered in person, or mailed, properly addressed and stamped with the required postage, to the intended recipient as follows: If to the Government Entity: Attn: Fax: If to the Company: Puget Sound Energy, Inc. Attn: Fax: Any Party may change its address specified in this Section 13(l) by giving the other Party notice of such change in accordance with this Section 13(l). (m) Applicable Law. This Agreement shall in all respects be interpreted, construed and enforced in accordance with the laws of the State of Washington (without reference to rules governing conflict of laws), except to the extent such laws may be preempted by the laws of the United States of America. (n) Entire Agreement. This Agreement constitutes the entire agreement of the Parties with respect to the subject matter hereof and all other agreements and understandings of the Parties, whether written or oral, with respect to the subject matter of this Agreement are hereby superseded in their entireties; provided, however, that except as expressly set forth in this Agreement, nothing herein is intended to or shall alter, amend or supersede the Design Agreement and the same shall remain in full force and effect in accordance with its terms. (o) Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the respective successors, assigns, purchasers, and transferees of the Parties, including but not limited to, any entity to which the rights or obligations of a Party are assigned, delegated, or transferred in any corporate reorganization, change of organization, or purchase or transfer of assets by or to another corporation, partnership, association, or other business organization or division thereof. Government Entity: Company: PUGET SOUND ENERGY, INC. BY BY ITS ITS Date Signed Date Signed Approved as to form: Page 1 Interlocal Agreement Between Kitsap Transit and the City of Bremerton for Wheaton Way Schedule 74 Underground Conversion INTERLOCAL AGREEMENT BETWEEN KITSAP TRANSIT AND THE CITY OF BREMERTON FOR UNDERGROUNDING POWER ON WHEATON WAY ____________________ THIS INTERLOCAL AGREEMENT is made and entered into pursuant to the Interlocal Cooperation Act, Chapter 39.34 of the Revised Code of Washington , by and between Kitsap Transit, a public transportation benefit area authority, and the City of Bremerton (City), a municipal corporation of the State of Washington, (the parties). WHEREAS, Revised Code of Washington Section 39.34.030 authorizes cooperative efforts between public agencies, and WHEREAS, the City encourages the undergrounding of power wherever possible, and WHEREAS, the City promotes the use of transit for improved mobility as adopted in its Comprehensive Plan, and WHEREAS, Puget Sound Energy has a Franchise with the City of Bremerton making the City eligible to enter into cost share agreements with Puget Sound Energy in accordance with Schedule 74 of their Electric Tariff G, and WHEREAS, the current transit center serving East Bremerton is on a leased parking lot at Sylvan Way and Wheaton Way with no formal park and ride and essentially no public amenities, and WHEREAS, the new Wheaton Way Transit Center to be located at 3915 Wheaton Way will be a state-of-the-art facility including a 166 stall park and ride, restrooms, bus shelters, electric car charging stations, ADA accessible features, bike racks and landscaping, and WHEREAS, the City will benefit from reduced traffic congestion in the downtown core resulting from the construction of the new park and ride, and WHEREAS, the new Transit facility will provide an important improved service to the SR-303 corridor and modernize the look and feel of the corridor for the benefit of Bremerton’s residents and the region, and WHEREAS, construction of the new Transit Center requires undergrounding of power along the Wheaton Way frontage to accommodate bus pull-out lanes, and WHEREAS, it is mutually beneficial to the City and Kitsap Transit that the power along Wheaton Way be undergrounded for improved reliability, connection to future corridor improvement projects and also aesthetic reasons; NOW, THEREFORE, in consideration of their mutual covenants, conditions and Page 2 Interlocal Agreement Between Kitsap Transit and the City of Bremerton for Wheaton Way Schedule 74 Underground Conversion promises, THE PARTIES AGREE as follows: 1. PURPOSE OF AGREEMENT: The purpose of this agreement is for the City of Bremerton and Kitsap Transit to cooperate in the implementation of an electrical undergrounding project along the new Transit Center SR-303 frontage, and provide a mechanism for Kitsap Transit to reimburse the City for expenses associated with the underground conversion. 2. ADMINISTRATION OF AGREEMENT: The Capital Department of Kitsap Transit will administer this agreement for Kitsap Transit. The Bremerton Public Works Department will administer this agreement for the City of Bremerton. 3. DURATION OF AGREEMENT: This agreement shall take effect upon execution of the agreement by both Kitsap Transit and the City and shall remain in effect until final and reimbursement of all construction costs associated with the underground co nversion, expected to be by December 31, 2020. 4. PROJECT MANAGEMENT: Since the Schedule 74 Agreement is a contractual relationship between the City of Bremerton and Puget Sound Energy, for the purposes of the Schedule 74 Agreement Kitsap Transit is managing the construction on behalf of the City. The City’s role will be to coordinate and manage the Schedule 74 Agreement. 5. KITSAP TRANSIT AND CITY EMPLOYEES: Kitsap Transit employees (along with all contractors under contract to Kitsap Transit) assigned to projects pursuant to this agreement remain employees of Kitsap Transit at all times and shall perform the work requested under the sole supervision of Kitsap Transit. City employees assigned to projects pursuant to this agreement remain employees of the City at all times and shall perform the work requested under the sole supervision of the City. 6. FINANCIAL RESPONSIBILITY: Kitsap Transit shall be solely responsible for all costs associated with the underground conversion with the exception of those costs specifically identified as the responsibility of the City. The City shall be responsible only for City labor costs associated with managing the Schedule 74 underground conversion agreement, and shall not be responsible for any expenses associated with the design or construction of the underground conversion. The City will reimburse Puget Sound Energy in accordance with the Schedule 74 agreement, then invoice Kitsap Transit for reimbursement. 7. REIMBURSEMENT: Kitsap Transit shall reimburse the City for all costs as presented above. Reimbursement shall be made within thirty days of receipt of invoice from the City. 8. LEGAL/ADMINISTRATIVE ENTITY: No separate legal or administrative entity is created by or pursuant to this agreement. 9. INDEMNIFICATION: A. Each party agrees to defend, indemnify and hold harmless the other party, its officials, officers, employees and agents for all claims, liabilities, damages, suits, reasonable Page 3 Interlocal Agreement Between Kitsap Transit and the City of Bremerton for Wheaton Way Schedule 74 Underground Conversion attorney’s fees and costs arising from the negligent acts and omissions of the indemnitor, its officials, officers, employees and agents. B. In cases of concurrent negligence of the parties, the above provision requiring each party to defend, indemnify and hold harmless the other party (“indemnification provision”) is valid and enforceable only to the extent of the negligence of the respective parties. C. Solely for purposes of the indemnification provision, 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. D. Each party agrees to notify the other party within two weekdays of any claims made related to this agreement. E. The indemnification provision shall survive the expiration or termination of this agreement. 10. COMPLIANCE WITH REGULATIONS AND LAWS: The parties shall comply with all applicable laws, rules and regulations pertaining to them in connection with the matters covered herein. 11. ASSIGNMENT: The parties shall not assign this agreement or any interest, obligation or duty herein without the express written consent of the other party. 12. 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. 13. NOTICES: All notices and payments hereunder may be delivered or mailed. If mailed, they shall be sent to the following respective addresses: To Kitsap Transit: To Bremerton: Kitsap Transit City of Bremerton 60 Washington Ave, Suite 200 345 6th Street, Suite 100 Bremerton, WA 98337 Bremerton, WA 98337 Attn: Steffani Lillie Attn: City Clerk Phone: (360) 478-6931 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 Page 4 Interlocal Agreement Between Kitsap Transit and the City of Bremerton for Wheaton Way Schedule 74 Underground Conversion evidence of the date of mailing. 14. INSURANCE: Kitsap Transit shall ensure the City is named as an additional insured for the undergrounding construction. 15. FILING: This document shall be filed with the County Auditor pursuant to RCW 39.34. 16. 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. 17. 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 have signed this Agreement, effective on the date fully executed below. CITY OF BREMERTON KITSAP TRANSIT BOARD _____________________________ ________________________________ Greg Wheeler, Mayor Kol Medina, Chair Date: ________________________ Date: __________________________ ATTEST: ATTEST: _______________________________ ______________________________ Angela Woods, City Clerk Approved as to form: Approved as to form: _______________________________ ______________________________ Roger A. Lubovich, City Attorney SITE PLAN AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Resolution No. ______ repealing Resolution No. 2951; and adopting new Bremerton City Council Rules & Procedures Study Session Date: February 13, 2019 COUNCIL MEETING Date: February 20, 2019 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: The City Council last updated the Bremerton City Council Rules & Procedures by adopting Resolution No. 3187 on March 6, 2013. Due to housekeeping items and an update to Item 7 under Rule 1 titled “Telephonic Appearance”, the City Council desires to update the Rules & Procedures to conduct its business. ATTACHMENTS: 1) Resolution No. ______; and 2) Amended Bremerton City Council Rules & Procedures FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: ☐ Limited Presentation ☒ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve Resolution No. ______ repealing Resolution No. 3187; and adopting new Bremerton City Council Rules & Procedures. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/3/17 A9 RESOLUTION NO. A RESOLUTION of the City Council of the City of Bremerton, Washington, repealing Resolution No. 3187 and adopting new Rules & Procedures for the City Council to conduct its business. WHEREAS, the City Council adopted Resolution No. 3187 on March 6, 2013, which adopted Rules & Procedures for the City Council to conduct its business; and WHEREAS, the City Council desires to update the Rules & Procedures for the City Council; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Resolution No. 3187 is hereby repealed in its entirety. SECTION 2. The Bremerton City Council Rules & Procedures attached hereto as Exhibit A are hereby adopted and shall become effective upon passage of this resolution. SECTION 3. Severability. If any one or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. SECTION 4. Effective Date. This Resolution shall take effect and be in force immediately upon its passage. PASSED by the City Council of the City of Bremerton, Washington this ______ day of __________________, 2019. ERIC YOUNGER, Council President APPROVED AS TO FORM: ATTEST: ROGER A. LUBOVICH, City Attorney ANGELA WOODS, City Clerk Rules & Procedures Page 1 Resolution No. _____ Bremerton City Council Rules & Procedures Rules & Procedures Page 2 Resolution No. _____ CONTENTS RULE 1 - MEETINGS...................................................................................................................3 RULE 2 - PRESIDING OFFICER - DUTIES .............................................................................5 RULE 3 - COUNCIL MEMBERS................................................................................................6 RULE 4 - AGENDA CONTROL..................................................................................................6 RULE 5 - REGULAR COUNCIL MEETINGS-ITEMS OF BUSINESS ................................7 RULE 6 - DEBATES .....................................................................................................................8 RULE 7 - PARLIAMENTARY PROCEDURE ..........................................................................8 RULE 8 - ORDINANCES - RESOLUTIONS .............................................................................8 RULE 9 - MISCELLANEOUS .....................................................................................................9 RULE 10 - COUNCIL EXPENSE REIMBURSEMENT.........................................................11 RULE 11 – QUASI-JUDICIAL HEARINGS ............................................................................11 RULE 12 - CLOSED RECORD HEARINGS ...........................................................................12 Rules & Procedures Page 3 Resolution No. _____ RULE 1 - MEETINGS 1. Regular Meetings: The City Council shall meet in accordance with Rule 5, except as follows: (a) There shall be no regular meeting of the City Council during the week of Thanksgiving. (b) If at any time any regular meeting of the City Council falls on a legal holiday, then pursuant to RCW 42.30.070 such regular meeting shall be held on the next business day. i. Upon a motion, and majority vote, the Council may recess from a meeting to a certain time and place set forth in the motion. ii. Meetings may be relocated to accommodate special needs or circumstances. 2. Special Meetings: Special meetings or any change in the time or location of a regular meeting shall be called by the Council President, or a majority of the members of the City Council, by delivering personally or by mail, e-mail, or fax, written notice to each member of the Council; and to each local newspaper of general circulation and to each local radio or television station which has on file with the City a written request to be notified of such special meeting or of all special meetings. The notice must be delivered personally or by mail fax or e-mail at least twenty-four hours before the time of the meeting as specified in the notice. The call and notice shall specify the time and place of the special meeting and the business to be transacted. Final disposition shall not be taken on any other matter at such meetings. Written notice may be dispensed with: (a) If a member, prior to the convening of the meeting, files waiver of notice with the City Clerk, either written, by e-mail, or by FAX; (b) If a member is actually present at the time the meeting convenes; or (c) If the special meeting is called to deal with an emergency involving injury or damage to persons or property, or the likelihood of such, where these requirements would increase the likelihood of such injury or damage. (RCW 42.30.080) 3. Quorum: Five Four Council Members shall constitute a quorum for the transaction of business, and in the absence of a quorum the members present may adjourn the meeting to a later date. Beginning January 1, 2014, four Council Members shall constitute a quorum. 4. Open Public Meetings Act: All Council meetings shall be conducted in conformity with the Open Public Meetings Act (RCW 42.30). 5. Appearance of Fairness/Conflict of Interest: In all its dealings, the Council and its individual members shall be governed by RCW 42.36 (Appearance of Fairness Doctrine); RCW 42.20 (Misconduct of Public Officers) and RCW 42.52 (Ethics in Public Service) and Chapter 2.96 BMC. 6. Executive Sessions: The Council may hold Executive Sessions during a regular or special meeting to consider matters allowed under RCW 42.30.110 as it now exists or is hereafter amended including: Rules & Procedures Page 4 Resolution No. _____ (a) consideration of acquisition or sale of real property if public knowledge would adversely affect the price; (b) discussion with legal counsel of City enforcement actions or potential or pending litigation in which the City is, or is likely to become, a party; (c) to receive and evaluate complaints against a public employee, unless the employee requests the consideration to be held in an open meeting; (d) evaluate the performance of an employee or qualifications of an applicant for City employment, so long as the final decision to hire and terms of employment, and decisions to terminate or discipline, are taken in an open meeting; (e) to review negotiations on the performance of publicly bid contracts when public knowledge regarding such consideration would cause a likelihood of increased costs; and (f) to evaluate the qualifications of a candidate for appointment to elective office. See RCW 42.30.110 for complete itemization of executive session topics. Before convening in Executive session, the presiding officer shall announce the purpose of the session and the anticipated length of such session, and whether further action is anticipated. Should the session require more time, a public announcement shall be made that the session will be extended. The Council will return to the open meeting, as applicable, for Adjournment of the meeting. Confidential discussions during Executive Sessions shall not be disclosed by any Council Member or City official in attendance to any person unless confidentiality is waived by a majority of the Council. Violation of confidentiality may result in a censure motion by the Council during a regular meeting. 7. Telephonic Appearance: Council Members may appear at a council meeting via telephone under limited circumstances. Telephonic appearances are for the benefit of the City of Bremerton and not for the benefit of an individual Council Member. Telephonic appearances may occur as follows: (a) The Council President may approve a Council Member’s appearance at a council meeting via telephone when action on a measure to be voted on cannot be delayed but rather requires immediate action or remedy and one or more of the following circumstances exists: i. Due to fire, flood, earthquake, or other emergency, there is a need for action by a governing body to meet the emergency; ii. A vote of the council of the whole is required for action; or iii. A unanimous vote of the whole council is required for passage of a measure; or iv. On a case-by-case basis. (b) In the event that subsection 7(a) of Rule 1 of the Bremerton City Council Rules and Procedures has been satisfied and more than one Council Member is absent, reasonable efforts shall be given to provide all absent members an opportunity to appear via telephone. In no event shall the Council President approve a Council Member’s telephonic appearance unless satisfactory equipment is available. Satisfactory equipment shall mean any telephone equipped with a speakerphone function capable of broadcasting the Council Member’s voice attending via telephone clearly and sufficiently enough to be heard by those in attendance Rules & Procedures Page 5 Resolution No. _____ at the meeting. The telephone must allow the Council Member to take and answer questions as posed from time to time. (c) During any meeting that a Council Member is attending via telephone, the Council President or presiding Council Member shall state for the record that a particular Council Member is attending via telephone and the reasons for such attendance. (d) Council members appearing via telephone may participate and vote during the meeting as if they were physically present at the meeting. (e) Council Members appearing via telephone shall comply with all rules and procedures as if they were physically present at the meeting. RULE 2 - PRESIDING OFFICER - DUTIES 1. Conduct of Meeting: The presiding officer at all meetings of the Council will be the President of the Council, or in the absence of the President, the Vice President of the Council, who shall conduct the business and deliberations of the Council under these rules. Reference herein to Council President shall also apply to the Council Member acting in the Council President’s place as presiding officer. The President/mayor pro tempore and Vice President shall be elected by a majority of the Council Members at the start of the first meeting of each year, or at such time as necessary due to a vacancy. If both the President and Vice President are absent and a quorum is present, the Chair of the Finance, & Investment & Parking Committee shall act as Presiding Officer. If the Chair of that Committee is unavailable, the Chair of the Public Works Committee shall act as presiding officer. The Council President shall: (a) Preserve order and decorum during meetings; (b) Observe and enforce all rules adopted by the Council for its government; (c) Decide all questions on order, in accordance with these rules, subject to a challenge as provided in Rule 6 Subsection 4., below; and (d) Recognize members of the Council in the order in which they request the floor. No member shall be recognized and given the floor to speak on the same matter more than once until all other members of the Council have had an opportunity to be recognized and be heard; (e) The presiding officer, as a member of the Council, shall have only those rights, and shall be governed in all matters and issues by the same rules and restrictions as other Council Members. 2. Check Register: The Council President shall be assigned the responsibility for signing off on the Check Register, following Council approval. 3. Council Committees: The Council President shall make all committee assignments, as well as Intergovernmental Representative assignments. To the degree possible, assignments will be consistent with special skills, interests and time constraints. Assignments will be made to the following: (a) Standing Committees: i. Committee of the Whole consisting of the full council Rules & Procedures Page 6 Resolution No. _____ membership, with the Council President as chair, to serve the 2nd and 4th Wednesday as a regularly scheduled Study Session in the Council Conference Room, or other times and locations as designated, to hear matters to be placed on the regular Council Meeting agendas and other council business. ii. Finance, & Investment & Parking Committee to serve as directed by the Council President; iii. Public Works Committee to serve as directed by the Council President; iv. Public Safety & Parks Committee to serve as directed by the Council President; Remove v. Audit Committee per the City Charter and Chapter 2.18 BMC; and vi. Lodging Tax Advisory Committee per Chapter 67.28 RCW and Chapter 3.64 BMC. The above listed standing committees may be restructured or reorganized as authorized and approved by the City Council without formal amendment of these rules and procedures. (b) Special and Ad Hoc Committees - May be established for a specific purpose or a specific time frame to serve as authorized by the Council President. (c) Intergovernmental Committees, Commissions, and Boards – Established committees i.e. Kitsap Regional Coordinating Council. RULE 3 - COUNCIL MEMBERS 1. Comments: Council members shall address all comments to the Council President, except when a member moves to adopt a resolution, or when a member seconds a motion. 2. Leaving Place: No member shall leave his or her place while a question is being put or a count is being taken. 3. Voting: A vote on any matter shall be taken by roll call and any member may abstain from voting. 4. Questioning: Any member of the Council, including the Council President, shall have the right to question any individual, or staff member, on matters germane to the issue before the Council. Such questioning shall not be conducted so as to ridicule or denigrate the individual being questioned. 5. Information Requests: A Council member may seek clarification or additional information before voting on an issue. If such request delays consideration to another date, approval of a majority of the Council is required. RULE 4 - AGENDA CONTROL 1. Agenda Control: Consideration of any subject, matter, or communication by the Council Rules & Procedures Page 7 Resolution No. _____ may be initiated by the Mayor or any Council Member. All written materials supplementing an agenda bill should be filed with the City Clerk and presented to the Council Legislative Office Manager or Legislative Assistant for distribution to the Council Members. The Council President may reject any agenda item not complying with this procedure. Upon presentation, the Council as a whole may decline further consideration or request information before further consideration. 2. Committee or Study Session Review: Each Agenda Bill item shall be presented to a Council Committee or the City Council at a Study Session. 3. Removing Items: At the Briefing, any item may be removed from the agenda for any reason upon the request of any Council Member. However, two Council Members may demand the item be reinstated to the agenda. The item shall be brought before the Council as regular business on the agenda and only tabled, continued or rejected by majority vote. RULE 5 – REGULAR COUNCIL MEETINGS - ITEMS OF BUSINESS 1. Regular Business Meeting: A Council Briefing to discuss the agenda and/or General Council Business will be held at 5:00 p.m. in the Council Conference Room. Immediately following, the Council Meeting shall meet in the designated First Floor Meeting Chambers, unless a different location is so designated, on the first and third Wednesday of each month at 5:30 p.m. or at such other day and time as designated by ordinance. The Council Meeting shall consist of the following items with the sequence and any other added items as determined by the Council President: (a) Call to Order -Pledge of Allegiance -Invocation (c) Public Recognition. (b) Mayors Report (d) Consent Agenda (e) Public Hearings (f) General Business (g) Council Member Reports (h) Adjournment. 2. Study Session: The Study Session shall meet in the designated Council Conference Room, unless a different location is so designated, on the second and fourth Wednesday of each month at 5:00 p.m. or at such other day and time as designated by ordinance. The Study Session shall consist of the following items with the sequence and any other added items as determined by the Council President: (a) No Presentation Planned Briefings on Agenda Items (b) Full Presentation (c) Other General Council Business as authorized by the Council President. (d) Adjournment Rules & Procedures Page 8 Resolution No. _____ 3. Executive Session/Recess: The agenda may be interrupted for a stated time to adjourn to Executive Session or recess at the prerogative of the Council President, unless overruled by Council majority. 4. Consent Agenda Items: Any Council member may request a Consent Agenda Item be moved to the regular agenda, for which no second is required. 5. Agenda Rearrangement: The Council President may rearrange, change the sequence, or add to or remove items from the Agendas outlined in Rule 5(1) and (2) above. 6. Regular Council Meetings Televised: The Regular Council meetings shall be televised unless otherwise directed by Council. RULE 6 - DEBATES 1. Interruption: No member, including the Council President, shall interrupt or argue with any other member while such member has the floor. 2. Courtesy: All speakers, including Council members, during comments, discussion or debate of any issue, shall address their comments to the Council President with courtesy and proper deportment. Comments shall not contain personalities, derogatory remarks or insinuations toward any member of the Council, Staff and Public, but shall be confined to facts that are germane and relevant to the issue. 3. Transgression: Upon transgression of these rules, the Council President shall call such person to order, in which case that person shall be silent except to continue in order. If the Council President transgresses these rules, or fails to call a transgressor to order, any other member of the Council may, under a point of order, call the transgressor to order. 4. Challenge to Ruling: Any member of the Council shall have the right to challenge any action or ruling of the Council President, or member, as the case may be, in which case the decision of the majority of the members of the Council present, including the Council President, shall govern. RULE 7 - PARLIAMENTARY PROCEDURE Procedure Guide: Robert's Rules of Order shall be used as a guide to govern the conduct of business of the City Council while in Legislative session. However, the Council President shall have the authority to make a final ruling on all issues of procedure, subject to Rule 6, Subsection 4 of these Rules. RULE 8 - ORDINANCES - RESOLUTIONS Rules & Procedures Page 9 Resolution No. _____ 1. Actions: Any action of the Council shall be by ordinance, resolution or motion and shall be conducted only in open public meetings unless otherwise provided by law. Such action shall be deemed approved by an affirmative vote of a majority of those Council members present, unless otherwise provided by law. Any such action shall contain only a single subject matter and may not be amended to include a different subject. 2. Submittal: No ordinance shall be submitted to the Council for consideration until approved as to form and legality by the City Attorney and copies have been furnished to Council Members and the City Clerk. No such ordinance shall contain any interlineations or marginal notes. 3. Presentations: Reading of ordinances and resolutions at all Council meetings shall be deemed sufficient by the reading of a brief synopsis of the title of the ordinance or the purpose of the resolution. The full text of an ordinance or resolution under consideration by the Council will be provided to any member of the public upon request. 4. Reading of Ordinances: Every ordinance shall have one reading except that, upon a request of a Council Member, an ordinance shall have two or more readings unless otherwise directed by the Council. RULE 9 - MISCELLANEOUS 1. Agenda: By direction of the Council President, the Legislative Office Manager or Assistant shall prepare the Agenda for each session of the Council in regular order in accordance with these rules, which order shall not be departed from, except as provided in these rules. Such Agenda shall include all resolutions, ordinances and matters requested by any Council Member, or the Mayor, with no items deleted from the Agenda except as provided in Rule 4 of these rules. 2. Public Comment on Agenda Items: Any person has the right to speak on any Agenda item at the time the item is discussed and prior to a vote by the Council. Such remarks must be confined to those that are germane and relevant to the item being discussed and shall be subject to a time limit. If numerous speakers are addressing the issue, the Council President may further restrict speaker time. Written comments shall, to all intents and purposes, be considered the same as oral comments. 3. Public Recognition: Any member of the public shall have the right to address the Council and the Mayor on issues not on the Agenda. No member of the public shall engage in discussion or comment which a) is obscene, indecent or libelous; b) promotes the sale of products, or services; c) promotes any lottery or contest which offers prizes dependent in whole or in part upon lot or chance. It is suggested that questions from the public posed to the Council that cannot be answered at the Council meeting should be put in writing in order to receive a written response from the appropriate party or parties within a reasonable time. Letters addressed to City officials will not be read in Public Recognition unless an exception is granted by Council President based upon exceptional circumstances. Argumentative Rebuttal is not permitted during Public Recognition. Rules & Procedures Page 10 Resolution No. _____ 4. Ballot Issues: During the election period, beginning on the deadline for elective office or ballot issues, or from the time an individual announces candidacy, whichever comes first, through the November General Election, all announcements or advertising concerning candidates are prohibited. Discussion of ballot issues is prohibited after the issue has qualified for the ballot. Meetings for political parties may be announced, with the exception of fundraising events (i.e. dinners, drawings, etc.) or meetings where the title of the function expresses support or opposition for any candidate, political party, or issue. 5. Public Hearings: The Council President may allocate the time allotted to Public Hearing equally among the members of the public who wish to speak. 6. Complaints: Personal complaints, especially those of a derogatory nature against any official or employee of the City shall not be discussed at a Council meeting. Citizens wishing to make such complaints shall be instructed that the same should be first processed and handled through the Mayor's office. Then, if the citizen feels appropriate action has not been taken, it shall be proper for the complaint to be communicated in writing to the members of the Council. Complaints against a Council Member shall be submitted to the Council President. If the complaint is against the Council President, the complaint shall be submitted to the Vice- President. Acceptance by the Council of a written complaint shall not, however, give rise to public discussion thereon. The City Attorney should be consulted regarding confidentiality, rights to privacy and other legal concerns. 7. Amendments to Rules & Procedures: Amendments to these rules shall be made by resolution of the Council. 8. The City Clerk: The City Clerk, or duly authorized representative, shall attend all business meetings of the City Council and maintain a permanent journal of its proceedings. All votes shall be recorded by calling the names of each member on a positional rotation basis with Council President’s vote called last. 9. Maintain Record: All of the regular and special meetings of the City Council and each and every part thereof shall be recorded electronically. These records shall be maintained for a period in conformance with Chapter 40.14 RCW. 10. Prepare Minutes: Subsequent to each meeting, the Legislative Office Manager or Assistant shall prepare brief and concise minutes of all Council meetings and submit the same to the Council for approval. Such minutes shall contain an accurate resume of official Council actions, with reference to all matters before it. 11. Verbatim Transcript: No member of the Council, nor any member of the administrative staff of the City, shall be empowered or authorized to require the Legislative Office Manager or Assistant to insert in said official minutes any verbatim transcript of all or any part of the proceedings. Verbatim transcripts shall be made a part of the minutes only when authorized by a majority vote of the entire Council, made at the meeting wherein such verbatim request is made. Rules & Procedures Page 11 Resolution No. _____ 12. Non-Compliance with rules and Waiver: Failure of a Council member to challenge the non-compliance of Council proceedings with any rule or procedure herein, prior to the vote or other action taken on the item under consideration, shall constitute a waiver and such non- compliance shall not affect the outcome of any action taken by the Council unless such compliance is required by law. 13. Council Comments: No Council member may advertise or promote a private business or enterprise during Council meetings except that Council members may make announcements to welcome a new business or announce special events regarding a private business or enterprise. RULE 10 - COUNCIL EXPENSE REIMBURSEMENT Members of the City Council shall observe the Expense Reimbursement Claim Policies that have been established by ordinance or resolution. Reimbursement for travel by any member of the Council outside the State of Washington shall be made only with the prior approval of the majority of the Council. All Council Member expenses shall be subject to approval by the Council President. RULE 11 - QUASI-JUDICIAL HEARINGS 1. Quasi-Judicial Body: In hearing matters requiring application of law and determination of facts which predominantly affect particular parties rather than the public generally or a class or group, the Council sits as a Quasi-Judicial body. It will conduct the hearing in accordance with Rule 11 and 12. (a) Council President convenes hearing. (b) Item is introduced by City Clerk. (c) Council President inquires: i. “All Council Members should now give consideration as to whether they have: 1.) a demonstrated bias or prejudice for or against any party to the proceedings; 2.) a direct or indirect monetary interest in the outcome of the proceedings; 3.) a prejudgment of the issue prior to hearing the facts on the record; or 4.) ex parte contact with any individual, excluding administrative staff, with regard to an issue prior to the hearing. If any Council member should answer in the affirmative, then the Council member should state the reason for their answer at this time so that the Chair may inquire of the City Attorney as to whether a violation of the Appearance of Fairness Doctrine or a Conflict of Interest exists.” ii. “If any member of the public believes any Council member should excuse themselves due to a conflict with the Appearance of Fairness doctrine, or for another concern, please state the reasons now.” (d) Council President calls upon Administrative Staff to present the recommendation or decision of the Administrative Hearing Examiner, or other applicable commission or board, to provide a general background and to answer Council questions. (e*) Council President designates the length of argument to afford a fair hearing of the issues. Correspondence is read and testimony taken from proponents, then opponents and those neutral. Council may ask questions of those testifying. (f*) Limited questioning of opposing witnesses on technical matters by either Rules & Procedures Page 12 Resolution No. _____ side may be allowed in the discretion of the Council President. The City Attorney will advise the Council President when such questioning may be a lawful requirement of the hearing. (g*) President closes the public testimony portion of the hearing. Council deliberates and may ask questions of the presenters. (h) A decision by motion is made. The Council may accept, reject or modify a recommendation or decision based upon its application of code criteria and appropriate findings. (i) No motion to rescind or reconsider the initial quasi-judicial decision may be brought by any Council member following close of the meeting. * Not applicable to closed record hearing. RULE 12 - CLOSED RECORD HEARINGS 1. Hearing Procedure: (a) Closed record hearings on land use applications shall be conducted in accordance to this rule. The provisions of Rule 11 are applicable to closed record hearings except as otherwise noted therein. After the appearance of fairness inquiry, the President or staff will announce that the decision will be based on materials received in evidence at the previous open record hearing of the Administrative Hearing Examiner or other applicable commission or board; minutes of the prior hearing; and the recommendation or decision from the open record hearing. (b) The Council may consider the following limited evidence not set forth in the record: i. The Council may take official notice of information such as any law, ordinance, resolution, rule or other fact generally known and verifiable from reliable sources. ii. Council Members may view the area in dispute, but shall note the time, manner and circumstances of such view on the record. iii. Council deliberates and may ask questions of the staff. iv. A motion incorporating the decision is made. The Council may accept, reject, or modify the Administrative Hearing Examiner's recommendation based upon its application of code criteria and appropriate findings. Dated this 6th day of March, 2013. 20th day of February, 2019 GREG WHEELER, ERIC YOUNGER, 2019 City Council President AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Resolution No. ______ affirming the City’s Commitment to the Principles of Equity and Inclusion Study Session Date: February 13, 2019 COUNCIL MEETING Date: February 20, 2019 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: Following the discovery of flyers that were posted throughout the City promoting the website of a known white supremacist group, members of the community brought their concerns to the City Council’s attention. This resolution shows a commitment by the City Council that they wholly reject the promotion of any regressive ideologies that promote discrimination, bigotry, hatred, and violence; and the City Council supports the purpose outlined since 2014 in Policy 428 of the Bremerton Police Policy Manual that all individuals, regardless of their immigration status, must feel secure that contacting law enforcement will not make them vulnerable to deportation. ATTACHMENTS: 1) Resolution No. ______; and 2) Policy 428 of the Bremerton Police Department Policy Manual FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: ☐ Limited Presentation ☒ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve Resolution No. ______ affirming the City’s commitment to the principles of equity and inclusion, and will continue to implement practices that seek to improve opportunities and quality of life for all residents, regardless of race, ethnicity, gender, country of origin, immigration status, sexual orientation, gender identity, or religious beliefs. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/3/17 A10 RESOLUTION NO. ________ A RESOLUTION of the City Council of the City of Bremerton, Washington, affirming the City’s commitment to the principles of equity and inclusion and will continue to implement practices that seek to improve opportunities and quality of life for all residents, regardless of race, ethnicity, gender, country of origin, immigration status, sexual orientation, gender identity, or religious beliefs. WHEREAS, recently flyers were posted throughout the City promoting the website of a known white supremacist group; and WHEREAS, immigration status is enforced under Federal law, but community concerns have been brought to the City Council’s attention regarding potential local enforcement of immigration laws; and WHEREAS, City services are to be provided to all residents who so qualify and City employees shall not ask for immigration status from a resident in providing a service, unless they are required to do so by state or federal law. WHEREAS, since 2014, the City of Bremerton Police Department has had a policy of non-participation in direct immigration enforcement and does not inquire as to an individual’s immigration status or require documentation of citizenship as outlined in Policy 428 of the Bremerton Police Department Manual; and WHEREAS, the City Council wholly rejects the promotion of any regressive ideologies that promote discrimination, bigotry, hatred, and violence; and the City Council supports the purpose outlined in the Bremerton Police Policy Manual, that all individuals, regardless of their immigration status, must feel secure that contacting law enforcement will not make them vulnerable to deportation; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council hereby affirms the City’s commitment to the principles of equity and inclusion and will continue to implement practices that seek to improve opportunities and quality of life for all residents, regardless of race, ethnicity, gender, country of origin, immigration status, sexual orientation, gender identity, or religious beliefs. SECTION 2. Severability. If any one or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. SECTION 3. Effective Date. This Resolution shall take effect and be in force immediately upon its passage. PASSED by the City Council of the City of Bremerton, Washington this _____ day of __________________, 2019. ERIC YOUNGER, Council President APPROVED AS TO FORM: ATTEST: ROGER A. LUBOVICH, City Attorney ANGELA WOODS, City Clerk R:\Legal\Legal\Resolutions\City Council\Immigration Resolution.doc Policy 428 Bremerton Police Department Policy Manual Immigration Violations - 319 Adoption Date: 2016/08/24 © 1995-2016 Lexipol, LLC Immigration Violations 428.1 PURPOSE AND SCOPE All individuals, regardless of their immigration status, must feel secure that contacting law enforcement will not make them vulnerable to deportation. Officers should not attempt to determine the immigration status of crime victims and witnesses or take enforcement action against them absent exigent circumstances or reasonable cause to believe that a crime victim or witness is involved in violating criminal laws related to immigration status. Generally, if an officer suspects that a victim or witness is an undocumented immigrant, the officer need not report the person to ICE unless circumstances indicate such reporting is reasonably necessary. Nothing in this policy is intended to restrict officers from exchanging legitimate law enforcement information with any other federal, state or local government entity (Title 8 U.S.C. §1373 and 8 U.S.C. § 1644). The immigration status of individuals alone is generally not a matter for police action. It is incumbent upon all employees of this Department to make a personal commitment to equal enforcement of the law and equal service to the public regardless of immigration status. Confidence in this commitment will increase the effectiveness of the Department in protecting and serving the entire community. 428.2 DEPARTMENT POLICY The U.S. Immigration and Customs Enforcement (ICE) has primary jurisdiction for enforcement of the provisions of Title 8, United States Code (U.S.C.) dealing with illegal entry. When assisting ICE at its specific request, or when suspected criminal violations are discovered as a result of inquiry or investigation based on probable cause originating from activities other than the isolated violations of Title 8, U.S.C., §§ 1304, 1324, 1325 and 1326, this Department may assist in the enforcement of federal immigration laws. It is the policy of this department that we do not ask about immigration status unless it is directly related to the crime being investigated. 428.3 PROCEDURES FOR IMMIGRATION COMPLAINTS Persons wishing to report immigration violations should be referred to the local office of the U.S. Immigration and Customs Enforcement (ICE). The Employer Sanction Unit of ICE has primary jurisdiction for enforcement of Title 8, U.S.C. 428.3.1 BASIS FOR CONTACT Unless immigration status is relevant to another criminal offense or investigation (e.g., harboring, smuggling, terrorism), the fact that an individual is suspected of being an undocumented alien shall not be the sole basis for contact, detention or arrest. 428.3.2 SWEEPS The Bremerton Police Department does not independently conduct sweeps or other concentrated efforts to detain suspected undocumented aliens. Bremerton Police Department Policy Manual Immigration Violations Immigration Violations - 320 Adoption Date: 2016/08/24 © 1995-2016 Lexipol, LLC When enforcement efforts are increased in a particular area, equal consideration should be given to all suspected violations and not just those affecting a particular race, ethnicity, age, gender, sexual orientation, religion, socioeconomic status or other group. The disposition of each contact (e.g., warning, citation, arrest), while discretionary in each case, should not be affected by such factors as race, ethnicity, age, gender, sexual orientation, religion or socioeconomic status. 428.3.3 ICE REQUEST FOR ASSISTANCE If a specific request is made by ICE or any other federal agency, this Department will provide available support services, such as traffic control or peacekeeping efforts, during the federal operation. Employees of this Department should not participate in such federal operations as part of any detention team unless it is in direct response to a request for assistance on a temporary basis or for officer safety. Any detention by an employee of this Department should be based upon the reasonable belief that an individual is involved in criminal activity. 428.3.4 IDENTIFICATION Whenever any individual is reasonably suspected of a criminal violation (infraction, misdemeanor, or felony), the investigating officer should take reasonable steps to determine the person's identity through valid identification or other reliable sources. If an individual would have otherwise been released for an infraction or misdemeanor on a citation, the person should be given a reasonable opportunity to verify his/her true identity. If the person's identity is thereafter reasonably established, the original citation release should be completed without consideration of immigration status. 428.3.5 ARREST If the officer intends to take enforcement action and the individual is unable to reasonably establish his/her true identity, the officer may take the person into custody on the suspected criminal violation (RCW 10.31.100). 428.3.6 BOOKING If the officer is unable to reasonably establish an arrestee's identity, the individual may be booked into jail for the suspected criminal violation and held for bail. Any person detained for an infraction pursuant to the authority of RCW 46.61.021, may be detained for a reasonable period for the purpose of determining the person's true identity. 428.4 U-VISA/T-VISA NONIMMIGRANT STATUS Under certain circumstances, federal law allows temporary immigration benefits to victims and witnesses of certain qualifying crimes (8 USC § 1101(a)(15)(U and T)). A declaration/certification for a U-Visa/T-Visa from the U.S. Citizenship and Immigration Services must be completed on the appropriate U.S. Department of Homeland Security (DHS) Form I-918 or I-914 by law enforcement Bremerton Police Department Policy Manual Immigration Violations Immigration Violations - 321 Adoption Date: 2016/08/24 © 1995-2016 Lexipol, LLC and must include information on how the individual can assist in a criminal investigation or prosecution in order for a U-Visa/T-Visa to be issued. Any request for assistance in applying for U-Visa/T-Visa status should be forwarded in a timely manner to the General Investigations Unit sergeant assigned to supervise the handling of any related case. The General Investigations Unit sergeant should do the following: (a)Consult with the assigned detective to determine the current status of any related case and whether further documentation is warranted. (b)Review the instructions for completing the declaration/certification if necessary. Instructions for completing Forms I-918/I-914 can be found on the U.S. DHS web site at http:// www.uscis.gov/portal/site/uscis. (c)Contact the appropriate prosecutor assigned to the case, if applicable, to ensure the declaration/certification has not already been completed and whether a declaration/ certification is warranted. (d)Address the request and complete the declaration/certification, if appropriate, in a timely manner. (e)Ensure that any decision to complete or not complete the form is documented in the case file and forwarded to the appropriate prosecutor. Include a copy of any completed certification in the case file.