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06/19/2019 AGENDA PACKET
______________________________________________________________ CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337 - Phone (360) 473-5280 JUNE 19, 2019 CITY COUNCIL MEETING AGENDA 1.BRIEFING: 5:00 – 5:30 P.M. in COUNCIL CONFERENCE ROOM 603 A. Review of Agenda B. General Council Business 2.CALL TO ORDER: 5:30 P.M. in FIRST FLOOR CHAMBERS A. Pledge of Allegiance B. Invocation 3.MAYOR'S REPORT 4.PUBLIC RECOGNITION 5.CONSENT AGENDA A.Claims & Check Register B.Minutes of Meeting – June 5, 2019 C.Minutes of Study Session – June 12, 2019 D.Sole Source Purchase of Automated Playback Equipment from CASTUS for Bremerton Kitsap Access Television E.Contract with Pape & Sons Construction, Inc. for the Marine Drive Stormwater LID Retrofit F.Purchase of Replacement Festoon Lighting from CED for 4th Street between Pacific and Park Avenues G.Amendment No. 1 to the Consulting Agreement with BMcConsulting, LLC for Lobbying Services 6.GENERAL BUSINESS A.Ordinance No. 5370 Amending Section 13.04.140 of the Bremerton Municipal Code Relating to Liquor in City Park 7.COUNCIL MEMBER REPORTS 8.ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING Americans with Disabilities Act (ADA) accommodations provided upon request. Those requiring special accommodations please contact the City Clerk at (360) 473-5323 at least 24 hours prior to the meeting. Sewer Discharges Sanitary Sewer Overflows (SSOs) vs Combined Sewer Overflows (CSOs) Raw Sewage Spills –Sanitary Sewer Overflows (SSOs) •SSOs are a release of up to 100% raw sewage from a sanitary sewer •City of Bremerton has had ZERO raw sewage spills from its systems since Jan 1, 2015 (source: Dept. of Ecology) •Dept. of Ecology classifies multiple spills at PSNS as raw sewage spills (SSOs) •SSOs are not allowed under state permit Sewer Discharges Sanitary Sewer Overflows (SSOs) vs Combined Sewer Overflows (CSOs) Combined Sewer Overlows (CSOs) •Bremerton is allowed one CSO discharge per site on a 20-year average under its WA State NPDES permit. City has been -and is currently -in compliance with its permit. •CSOs are a mix of 1% sewage and 99% rainwater runoff (source: Dept. of Ecology) •Occurs during extreme and unpredictable rain events Reduction of CSOs in Bremerton •Investments have reduced CSOs through collection and pump station improvements. Reductions are described in the annual CSO Report to Ecology. •City continues to focus on reducing CSOs through maintenance and improvements Nuisance Property Update 1317 N. Lafayette Ave. •Received court order to demolish abandoned property under RCW 35.80 Unfit Dwellings. 2019 Chip Seal Locations –East Bremerton 2019 Chip Seal Locations –West Bremerton Presentation of Complete Streets Award to Bremerton ASHLEY PROBART Executive Director Transportation Improvement Board Congratulations! ZANE ZURBRUGG Drafted by Milwaukee Brewers In 2019 Major League Baseball Draft AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: N/A Claims & Check Register COUNCIL MEETING Date: June 19, 2019 Department: Legal Services Presenter: Angela Woods Phone: (360) 473-5323 SUMMARY: Approval of the following checks and electronic fund transfers: 1. Check Numbers 384723 through 384940 and Electronic Fund Transfers V19899 through V19964 in the grand total amount of $2,575,167.39 2. Regular Payroll for pay period ending May 31, 2019 in the amount of $881,072.14 3. Regular Payroll for retroactive pay for the period January 1, 2019 through May 15, 2019 in the amount of $2,763.11 4. Regular Payroll for void, payouts and corrections for the pay period ending May 31, 2019 in the amount of $32,145.25 ATTACHMENTS: FISCAL IMPACTS (Include Budgeted Amount): STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the consent agenda as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 5A AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Minutes of Meeting – June 5, 2019 Study Session Date: N/A COUNCIL MEETING Date: June 19, 2019 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: The Minutes for the Meeting held on June 5, 2019 are attached. ATTACHMENTS: 1) Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the June 5, 2019 Meeting Minutes as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/3/17 5B DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wednesday, June 5, 2019 The weekly meeting of the City Council of the City of Bremerton was called to order Wednesday, June 5, 2019, at 5:00 PM in Council Conference Room 603 of the NORM DICKS GOVERNMENT CENTER, 345 6th Street, Bremerton, Washington, with Council President Eric Younger presiding. Council Members present were Richard Huddy, Michael Goodnow, Lori Wheat, Kevin Gorman, Leslie Daugs, and Pat Sullivan. Also present were City Attorney Roger Lubovich; City Clerk Angela Woods; Legislative Office Manager Lori Smith; and Hans Nilsson with Information Services. A COUNCIL BRIEFING was held to discuss General Council Business at 5:00 PM in the Council Conference Room. At 5:30 PM the meeting moved to the Meeting Chambers. The Pledge of Allegiance was led by Council Member Pat Sullivan followed by the invocation provided by Pastor Roger Hennigan of the Apostolic Life Tabernacle. MAYOR’S REPORT Mayor Wheeler… Welcomed Sam, a Boy Scout from Troop 1541 who was here tonight to earn a merit badge in citizenship, and learn about civil engagement; Urged citizens to join the City of Bremerton in demanding that Kitsap County amend their regulations for the housing of Sexually Violent Predators near Bremerton residential neighborhoods, also noting the Kitsap County Commissioners plan their next Work Study meeting to discuss Regulations for Group Residential Facilities-Secured High Risk is scheduled next Wednesday, June 12 in the Port Blakely Conference Room; Highlighted recent changes to the City’s website that will assist citizens in “Getting Around Bremerton”; Announced that the City of Bremerton & Bremerton Central Lions Club Student Exchange Program was still in need of two host families for two high school students from Kure, Japan for four weeks beginning on July 22 through August 19; and Provided an update on the Quinault Nation smoke shop project currently planned at 1321 N. Callow, near residential neighborhoods, and offered assurance that he will stay heavily involved with the development, including the demand for a traffic analysis. PUBLIC RECOGNITION Jeff Alevy introduced himself as the new Executive Director of Kitsap Community Resources. Denise Frey President and CEO of the Bremerton Chamber of Commerce, recognized City of Bremerton staff members for their assistance in making the Armed Forces Day Festival a success. Cindy Nalley expressed her concern about the zoning changes, and asked why Sexually Violent Predators are allowed to live near neighborhoods. Mayor Wheeler stated that he also wants to know why, but reiterated that his questions to the Kitsap County Commissioners have not been answered; and therefore encouraged citizens to contact their offices directly for answers. CONSENT AGENDA 5A – Claims & Check Register: Check Numbers 384466 through 384722, and EFT-V19830 through EFT-V19898 in the amount of $3,642,998.97; Regular Payroll for the pay period ending May 15, 2019 in the amount of $841,607.62; Regular Payroll for the retroactive pay period January 1, 2019 through March 15, 2019 in the amount of $69,970.86; and Retiree Payroll for the pay period ending May 31, 2019 in the amount of $49,227.28 5B – Minutes of Meeting – Ma y 15, 2019 5C – Minutes of Study Session – May 22, 2019 City Council Reg. Mtg. Minutes Wednesday, June 5, 2019 Page 2 of 4 5D – Ordinance No. 5367 amending Ordinance No. 5360 relating to the City of Bremerton Fiscal Year 2019 Budget 5E – Amendment No. 1 to Goods & Services Agreement with S. Varick Maintenance for Landscape Maintenance and Services 5F – Equipment Services Building Addition Project Agreement with DP Wain Construction Inc. 5G – Agreement with Pape & Sons Construction, Inc. for the 2019 Sewer Pump Station CW -4 Replacement Project There were no questions or comments from the public… 05:56:50 M/S/C/U (Daugs/Gorman) Move to approve the CONSENT AGENDA as presented. GENERAL BUSINESS 6A – ORDINANCE NO. 5368 ADDING NEW CHAPTER 6.20 TO THE BREMERTON MUNICIPAL CODE REGULATING THE DISTRIBUTION OF SINGLE-USE PLASTIC AND BIODEGRADABLE CARRYOUT BAGS: Milenka Hawkins-Bates, Public Works Operations Manager summarized that using the input received from the public, Solid Waste Advisory Committee (SWAC), and City representatives, the attached draft ordinance was crafted and reviewed by City and County staff. With Council, public, and SWAC input in-hand, the proposed draft ordinance was crafted to include the following: For each recycled paper carryout bag provided by the retail establishments, it may collect a pass- through charge, and such shall be clearly indicated on the customers transaction receipt. It was noted that a plastic bag ban bill is making its way through the state legislative process, which would prohibit the use of single-use plastic carryout bags and require a charge of 8 cents ($.08) on all paper carryout bags statewide. Lastly, it was added that Kitsap County will be performing outreach to all businesses and will embark on an outreach campaign; and Pat Campbell, Kitsap County Public Works Senior Program Manager was available for questions. Providing comments in support of the Ordinance: Alejandra Pulido, sophomore student from Bremerton High School, read a statement into the record; Casandra Fery, also from Bremerton High School; Heather Trim, Executive Director with Zero Waste Washington; and Holly Chisa with the Northwest Grocery Association. 06:10:45 Motion was made by Daugs; and seconded by Wheat… Comments and questions were provided by Daugs, Wheat, Sullivan, Gorman, Huddy, Goodnow, and Younger; with responses provided by Ms. Hawkins-Bates, Ms. Chisa, and Chris Piercy, Kitsap County Public Works Program Supervisor… 06:38:08 M/S/C (Daugs/Wheat) Move to pass Ordinance No. 5368 adding new Chapter 6.20 to the Bremerton Municipal Code regulating distribution of single-use plastic and biodegradable carryout bags. Voted in favor of Motion: Daugs, Gorman, Wheat, Goodnow, Huddy, Younger Voted opposed to Motion: Sullivan Motion carried: 6-Yes; and 1-No 6B – ACCEPTANCE OF THE U.S. SURFACE TRANSPORTATION PROGRAM (STP) GRANT; AND APPROVAL OF THE LOCAL AGENCY AGREEMENT WITH WSDOT FOR THE WASHINGTON AVENUE & 11TH STREET ROUNDABOUT PROJECT: Tom Knuckey, Interim Public Works Director and City Engineer, used a Power Point to report that the City was offered a United States Surface Transportation Program (STP) Grant through the Puget Sound Regional Council (PSRC) to design and construct a roundabout at the west end of the Manette Bridge, along with full street reconstruction from the roundabout north and west to Pacific Avenue. The grant funds total $4,152,000 and require a City City Council Reg. Mtg. Minutes Wednesday, June 5, 2019 Page 3 of 4 match of $648,000. The offered grant will be in WSDOT Standard Forms, with their standard terms and conditions. Additional project work that is not grant funded includes securing right of way. This work is currently estimated at $200,000. There were no questions or comments from the public… 06:45:43 Motion was made by Gorman; and seconded by Sullivan… Comments and questions were provided by Gorman, Daugs, Huddy, Goodnow, and Sullivan; with responses provided by Mr. Knuckey… 06:59:05 M/S/C (Gorman/Sullivan) Move to accept U.S. Surface Transportation Program Grant; approve the Local Agency Agreement with WSDOT for the Washington Avenue and 11th Street Roundabout Project; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. Voted in favor of Motion: Gorman, Wheat, Goodnow, Huddy, Sullivan, Younger Voted opposed to Motion: Daugs Motion carried: 6-Yes; and 1-No PUBLIC HEARING 7A – PUBLIC HEARING ON ORDINANCE NO. 5369 AMENDING TITLE 20 OF THE BREMERTON MUNICIPAL CODE RELATED TO “GROUP RESIDENTIAL FACILITIES”: Allison Satter, Senior Planner, explained that the action before Council is to conduct a Public Hearing and adopt an Ordinance amending Bremerton Municipal Code (BMC) Title 20 related to Group Residential Facilities, specifically Class II. The Director of Community Development recently made a code interpretation of the definition of “Group Residential Facility” that requires immediate amendment of the City’s zoning code. In addition, siting criteria is proposed to the two zones where Class II facilities are allowed (Industrial and Freeway Corridor zones) that allow Group Residential Facility-Class II housing. After City Council discussion at Study Session, the zoning code amendment related to Manufactured Homes (BMC 20.46.040) was pulled from this item. President Younger opened the public hearing… Tricia Benson, who works with the grassroots organization “Washington State for Public Safety”, read a statement into the record in support of the ordinance. With no further comments received, President Younger closed the Hearing to the public; and opened for discussion with the Council… 07:09:15 Motion was made by Daugs; and seconded by Sullivan… Comments and questions were provided by Daugs, Sullivan, Wheat and Younger; with responses provided by Ms. Satter… 07:16:20 M/S/C/U (Daugs/Sullivan) Move to pass Ordinance No. 5369 to amending the BMC related to Group Residential definition and siting criteria for Group Residential Facilities - Class II within the Industrial and Freeway Corridor zones. COUNCIL MEMBER REPORTS Pat Sullivan invited interested volunteers to the Lions Park Shoreline Weeding Party on Saturday, June 8 from 10:00 AM to Noon; announced Kitsap Humane Society’s Garage Sale on Friday, June 14 and Saturday, June 15 from 9:00 AM to 4:00 PM at 2930 Osiris Court in Bremerton; and shared that Albers Vista Garden is open on Fridays until July 26 from Noon to 3:00 PM. Leslie Daugs shared a photo of Nick from the Public Works Department who volunteered to wear a costume made up of plastic bags used in a year by one; and announced the WA State Asian Pacific City Council Reg. Mtg. Minutes Wednesday, June 5, 2019 Page 4 of 4 American Affairs Commission would be holding a Public Board Meeting in Bremerton on Saturday, June 8 from 10:00 AM to 2:00 PM at the Fil-Am Community Center located at 1240 Sheridan Road. Kevin Gorman was pleased Josh Farley was bringing back the Bridging Bremerton event on June 22, and shared the schedule of events. Lori Wheat advised that City of Bremerton Parks & Recreation crews will be performing scheduled tree maintenance at Kiwanis Park on Tuesday, June 11, which will close on-street parking and sidewalks on 4th Street, as well as the lower interior of the Park, from 6:00 AM to 6:00 PM; and welcomed the community to attend the Annual Juneteenth Freedom Celebration where she would be hosting a District 4 Community Booth on Saturday, June 15 from 11:00 AM to 4:00 PM at Evergreen Rotary Park. Michael Goodnow announced that volunteers were welcome at the next Forest Ridge Park Work Party on Saturday, June 15 from 9:00 AM to Noon; and acknowledged a new flower shop “Sprout & Thistle” just opened at 2101 Burwell Place. Richard Huddy recalled the importance of June 6, 1944 (D-Day) and recognized the sacrifice made by those who served in the military during WWII; invited the community to commemorate the 77th Anniversary Battle of Midway Remembrance Ceremony tomorrow on Thursday, June 6 at 1:00 PM on the Bremerton Boardwalk; and on behalf of the neighbors, mentioned several of their concerns due to the Quinault Nation’s drive-through Smoke Shop project. President Younger announced at 7:33 PM that the Council would recess for a 20-minute Executive Session to discuss a Real Estate Transaction as allowed under RCW 42.30.110 (1) (b); and Potential Litigation as allowed under RCW 42.30.110 (1) (i). At 7:53 PM, the Executive Session was extended for 10-minutes and then 5-minutes… 08:09:52 M/S/C/U (Wheat/Daugs) Move to authorize the purchase of sidewalk and slope easements abutting Harlow Drive for the Kitsap Lake Safe Routes to School Project in an amount not to exceed $180,000.00; and authorize the Mayor to execute the easements. With no further business, President Younger adjourned the Council Meeting at 8:10 PM. Prepared and Submitted by: ______________________________ LORI SMITH Legislative Office Manager APPROVED by the City Council on the 19th day of June, 2019. ________________________________________ ERIC YOUNGER, City Council President Attest: ________________________________________ ANGELA WOODS, City Clerk EY:AW:ls:cg AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Minutes of Study Session – June 12, 2019 Study Session Date: N/A COUNCIL MEETING Date: June 19, 2019 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: The Minutes for the Study Session held on June 12, 2019 are attached. ATTACHMENTS: 1) Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the June 12, 2019 Study Session Minutes as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/3/17 5C DIGITAL RECORDING CITY COUNCIL STUDY SESSION MINUTES Wednesday, June 12, 2019 A Study Session of the City Council of the City of Bremerton was called to order in the Council Conference Room of the NORM DICKS GOVERNMENT CENTER, 345 6th Street, Bremerton, Washington, Wednesday, June 12, 2019, at 5:00 PM, with Council President Eric Younger presiding. Council Members present were Richard Huddy, Michael Goodnow, Lori Wheat, Kevin Gorman, and Leslie Daugs. Council Member Pat Sullivan was absent. Legislative Assistant Christine Grenier was present to provide staff support. President Younger emphasized that the Study Session was open to the public, but there would be no opportunities for input or participation; and announced that approved items by Council will be placed on the June 19, 2019 Council Meeting Agenda or as indicated. A. BRIEFINGS ON AGENDA ITEMS 1. Sole Source Purchase of Automated Playback Equipment from CASTUS for Bremerton Kitsap Access Television (BKAT) Consent Agenda 2. Contract with Pape & Sons Construction, Inc. for the Marine Drive Stormwater LID Retrofit Consent Agenda 3. Purchase of Replacement Festoon Lighting from CED for 4th Street between Pacific and Park Avenues Consent Agenda 4. Ordinance amending Section 13.04.140 of the Bremerton Municipal Code (BMC) related to Liquor in Parks General Business 5. Amendment No. 1 to the Consulting Agreement with BMcConsulting, LLC for Lobbying Services Consent Agenda B. GENERAL COUNCIL BUSINESS o Briefing on Legislative Issues – Bryan McConaughy of BMcConsulting, LLC o Review and Revise the Request for Proposal (RFP) Guidelines used by the Lodging Tax Advisory Committee (per 2019 City Council Goal #2) – Council President Eric Younger Vice President Daugs left the meeting at approx. 7:15 PM… o Other General Council Business was also briefly discussed, including a Proposed Resolution by Mayor Wheeler regarding HB-1406 to encourage investments in affordable housing June 26 Study Session With no further business, President Younger adjourned the Council Study Session at 7:46 PM. Prepared and Submitted by: ______________________________ CHRISTINE GRENIER Legislative Assistant City Council Study Session Minutes Wednesday, June 12, 2019 Page 2 of 2 APPROVED by the City Council on the 19th day of June, 2019. ______________________________ Eric Younger, Council President ATTEST: ______________________________ Angela Woods, City Clerk EY:AW:ls:cg AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: June 12, 2019 Sole Source Purchase of Automated Playback Equipment from CASTUS for Bremerton Kitsap Access Television COUNCIL MEETING Date: June 19, 2019 Department: Finance Presenter: Jon Rauch Phone: (360) 473-5012 SUMMARY: BKAT is replacing its four-year-old playback system with the purchase of a CASTUS “Quick Roll Multi Channel Video Server”. The job of this unit is to allow staff to upload, schedule and play programs on BKAT and BKAT.Org. CASTUS is the only product that plays nearly all types of video files. As new types of video files are introduced, the CASTUS can be easily updated to accept them. The current playback system is outdated and will not play the latest types of video files, forcing staff to spend valuable time converting files to make them compatible. Additional features: Multi week scheduling, Two channel playback for cable tv and streaming. Web based interface for remote access. Graphic overlays and crawling text for emergency and promotional information. ATTACHMENTS: 1) Castus Estimate; 2) Castus Fact Sheet; and 3) Sole Source Letter FISCAL IMPACTS (Include Budgeted Amount): The purchase price of $40,964.50 is included in the BKAT 2019 Capital Improvement budget. (‘Project 8407’ “Master Control Upgrade” - $41,500.00) STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve sole source purchase of automated playback system for BKAT from CASTUS in the amount of $40,964.50; and authorize the Mayor to finalize and execute the purchase with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 5D CASTUS Corporation 165 NE Juniper Street Suite 200 Issaquah, WA 98027 US (800) 215-3880 nathan@castus.tv castus.tv ADDRESS Bremerton Kitsap Access Television 7266 Tibardis Rd NW Bremerton, WA 98311 United States SHIP TO Bremerton Kitsap Access Television 7266 Tibardis Rd NW Bremerton, WA 98311 United States ESTIMATE #1115 DATE 07/30/2018 EXPIRATION DATE 04/30/2019 SALES REP Nathan Bosseler DESCRIPTION QTY RATE AMOUNT CASTUS QuickRoll 4.0 HD (2) Channel Video Server with (2) Go Live/Record Inputs (2) channel HD/SDI & IP outputs with (2) HD/SDI or IP inputsSchedule creator and editor interface- yearly, monthly, weekly or dailyWeb interface with confidence monitors Playlist and multi-region playlist creator/editorVideo editor for assembling and trimming clipsRSS crawl overlay capability File manager libraryVideo input and live/record controlsAudio input and automatic background music detection Built in audio normalization for outputsInventory, channel and run-log reporting(8) global overlays per channel HDMI preview channelDVD to file rip utilityExternal HD/SDI & IP router switcher control Hardware:3RU Chassis with redundant power supply 8TB Harddrive with RAID 58GB RAM(2) HDSDI + (2) IP Outputs and (2) HDSDI or (2) IP Inputs 120GB SSD for CASTUS OS24X DVD-RWDimensions- 17.5" width X 19" depth X 5.25" height INCLUDES 3 YEAR HARDWARE WARRANTY 1 23,995.00 23,995.00T 16TB RAID 5 upgrade for QuickRoll (upgrade from standard 8TB)1 1,895.00 1,895.00 CASTUS QuickStream Server- Video On Demand & Live Streaming Service 1 year hosting for HD live streaming and 2TB VOD cloud storage VOD/live streaming widget for website that includes-Playlists, most recent, agenda chapters, custom layout, play count and reports & online schedule guide. Admin control panel for management and customization options. Hardware: 2RU rack mount chassis4TB Internal storageOn board VGA, ethernet ports and USB built in Dimensions- 17.5" width X 19" depth X 3.5" height INCLUDES 3 YEAR HARDWARE WARRANTY 1 8,250.00 8,250.00T CASTUS C4 Support and Maintenance Includes- • Access to the CASTUS Forum, with rapid response times, for up to 4 employees. • A dedicated support email address that automatically generates a support ticket for you, instantly notifying our support team.• Access to a live, certified CASTUS representative over the phone 9a to 5p (PST). • 2 scheduled training sessions for new hires, or refresh courses for existing employees.• 2 in-depth sessions with a CASTUS technician 3 1,200.00 3,600.00 This estimate is for a QuickRoll 202 with a 16TB storage upgrade option, QuickStream for VOD and live streaming and 3 years pre-paid for CASTUS C4 support and maintenance. SUBTOTAL 37,740.00 TAX (10%)3,224.50 TOTAL $40,964.50 Accepted By Accepted Date CASTUS Corporation 165 NE Juniper Street Suite 101 Issaquah WA, 98027 www.CASTUS.tv Web browser based user interface. Internal dynamic messaging capability with support for text, graphics and video.FEATURES -Zero transcoding - HD/SD compatible out of the box -Upload & schedule a program in seconds -Edit videos on a non-linear timeline in our web UI -Add graphic overlays on any channel in seconds -Output HD & SD signals out of the same box -Schedule & record incoming video inputs in HD or SD -Monitor your channels from the web UI -Create text crawls in seconds, with support for RSS -All channels share one library, with a file manager -Play music during slideshows automatically -Automatically fill gaps in schedules -Reporting for inventory, channels & runlog -Reliable and attentive support with C4 ADDITIONAL OPTIONS -Additional HD-SDI or IP channels -Additional HD-SDI or IP recordable inputs -Additional storage - up to 32TB OVERVIEW Designed and engineered by broadcast professionals, QuickRoll is the next generation video scheduling and broadcast automation server. QuickRoll seamlessly integrates multi-channel scheduled playout, multi- input ingest capability, graphic overlays, video editing, file management and more into one easy to use web interface. Built on a Linux operating system, QuickRoll is reliable and secure. Real-time Linux-based broadcast automation HD/SD Multi Channel Video Server QuickRoll 800.215.3880Call us today at- QuickRoll is a powerful multi-tasking, scalable video playout server with extensive graphic overlay capabilities, integrated into a single 3RU server chassis. QuickRoll provides a web- based file manager workflow, allowing you to upload, schedule and play programs in seconds with zero transcoding. Power Dual 600 Watt power supplies Power Consumption 200 Watts (max) Dimensions 19”d X 17”w X 5.5”h Weight 55lb PHYSICAL Operating System Linux CASTUS OS Control Interface Web Interface (Firefox or Chrome) Network Connection (2) 1 gigabit connections, optional 10 GbE card Data Center Integration NTP Controls BlackMagic IP/SDI routing switcher, Knox RS232 routing switcher Uploading Content HTTP Web Interface & FTP Closed Captioning EIA-608 (Analog Line 21) and CEA-708 (Digital TV) Total HD/SD inputs/outputs 8/8 Total Channel Overlay Regions (8) 1-3 channels (6) 4 channels (2) 4+ channels SPECIFICATIONS Video & Audio Output HD-SDI HD or SD uncompressed video with embedded audio IP Output MPEG2 Transport Stream with MPEG2 or H.264 video and AAC, AC3 or MPEG audio Preview Output HDMI Output for internal preview channel OUTPUTS Physical Inputs HD-SDI or IP over ethernet with a 3.5mm line-in audio input Supported Formats MPEG2, MPEG4, vob, m2ts, mov, avi, wav, mp4, m4a, mp3, AAC & AC3 INPUTS Options 8TB, 16TB, 24TB or 32TB Redundancy RAID 5 or RAID 6 per client request Operating System 120GB SSD internal drive for CASTUS & Linux Operating System Integrates with QuickStream VOD, Facillis STORAGE Working for and with our residents to establish Bremerton as Puget Sound’s most beautiful and livable waterfront city ! Bremerton Kitsap Access Television 7266 Tibardis Rd NW Bremerton, WA 98311 (360) 473-5012 DATE: 5/24/19 TO: Procurement File FROM: Mike Riley SUBJECT: Sole Source Determination In accordance with Bremerton Municipal Code 2.76.090, Sole Source Purchases, the purpose of this memorandum is to document the necessity of sole source procurement methodology for the purchase of (1) CASTUS “Quick Roll Multi Channel Video Server”. Reasoning: BKAT is replacing its four-year-old playback system with the purchase of a CASTUS “Quick Roll Multi Channel Video Server”. The job of this unit is to allow staff to upload, schedule and play programs on BKAT and BKAT.Org. CASTUS is the only product that plays back virtually any video file format (due to the broad range of file types and specification that the public submits to BKAT). As new types of video files are introduced, the CASTUS can be easily updated to accept them eliminating the need to purchase additional or replacement hardware. The current playback system is outdated and will not play the latest types of video files, forcing staff to spend valuable time converting files to make them compatible. CASTUS is an Issaquah company that will allow BKAT to have a relationship with a vendor that is only an hour away. Additional features: Multi week scheduling, Two channel playback for cable tv and streaming. Web based interface for remote access. Graphic overlays and crawling text for emergency and promotional information. Cost/Quote support: $40,964.50. Our staff believes this is a fair and reasonable price. Therefore, it is my determination that it is in the City’s best interests to purchase the CASTUS “Quick Roll Multi Channel Video Server” through direct negotiation, pursuant to BMC 2.76.090 and 2.76.010, and that a sole source purchase of this Video Playback Server is justified for this procurement. AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: June 12, 2019 Contract with Pape & Sons Construction, Inc. for the Marine Drive Stormwater LID Retrofit COUNCIL MEETING Date: June 19, 2019 Department: PW & U Presenter: Katie Ketterer Phone: (360) 473-5334 SUMMARY: Stormwater runoff entering Oyster Bay is often contaminated with oils and other materials that contribute to poor water quality in Oyster Bay; that in turn contributes to poor habitat for wildlife, including salmon and shellfish. The City was awarded a grant from the Department of Ecology to treat a portion of the stormwater entering Oyster Bay by installing 4 water quality vaults in 3 locations in West Bremerton. Four bids were submitted and Pape & Sons was the lowest responsible and responsive bidder with a bid in the amount of $888,888.00. ATTACHMENTS: 1) Contract; 2) Bid Tabulation; 3) Vicinity Map; 4) Summary FISCAL IMPACTS (Include Budgeted Amount): The project was in the 2019 CIP and budgeted for $664,747; the Ecology grant amount is $498,560. The construction bid received was approximately $300,000 higher than the engineer’s estimate. Additional funds for the project exists in the current stormwater capital fund and a budget adjustment is not required. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to award the contract for the Marine Drive Stormwater LID Retrofit to Pape & Sons, Construction Inc. in the amount of $888,888.00; 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 5E City of Bremerton 233-1896-152 Marine Drive Stormwater LID Retrofit I-39 May 2019 Contract Documents Contract CONTRACT (Page 1 of 4) THIS AGREEMENT is dated the day of in the year 20___, by and between the City of Bremerton (hereinafter called CITY) and (hereinafter called CONTRACTOR). CITY and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK. CONTRACTOR shall complete the WORK as specified or indicated in the CITY’s Contract Documents entitled Marine Drive Stormwater LID Retrofit. ARTICLE 2. CONTRACT TIMES. The WORK shall obtain Physical Completion within 45 working days after the commencement date stated in the Notice to Proceed. Time is of the essence as to each and every deadline set forth in this agreement. This provision has been specifically negotiated. ARTICLE 3. LIQUIDATED DAMAGES. CITY and the CONTRACTOR recognize that time is of the essence for this Agreement and that the CITY will suffer financial loss if the WORK is not completed within the time specified in Article 2 herein, plus any extensions thereof allowed in accordance with Section 1-08.8 of the Standard Specifications which may be modified by the Special Provisions. They also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by the CITY if the WORK is not completed on time. Accordingly, instead of requiring any such proof, the CONTRACTOR shall pay the CITY liquidated damages in the amount of $1,000 per day after the date of Physical Completion for each phase. ARTICLE 4. CONTRACT PRICE. CITY shall pay CONTRACTOR for completion of the WORK in accordance with the Contract Documents in the amount set forth in the Bid Proposal, which shall include sales tax as provided in Section 1-07.2(2) of the Special Provisions. ARTICLE 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Section 1-09.9 of the Standard Specifications which may be modified by the Special Provisions. Applications for Payment will be processed by ENGINEER as provided in the Special Provisions _____________ Contractor Initials City of Bremerton 233-1896-152 Marine Drive Stormwater LID Retrofit I-40 May 2019 Contract Documents Contract CONTRACT (Page 2 of 4) ARTICLE 6. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between CITY and CONTRACTOR concerning the WORK consist of this Contract and the following attachments to this Contract: x Notice Inviting Bids, x Bidders Checklist, x Bid Proposal including the Proposal Forms, Information Required of Bidder, Bid Bond, and all required certificates and affidavits, x Performance Bond, x Payment Bond, x Standard Specifications, x Amendments to the Standard Specifications, x Special Provisions, x Appendices x Contract Plans, x Addenda numbers __1___ to ___1__, inclusive, x Change Orders which may be delivered or issued after Effective Date of the Agreement and are not attached hereto. There are no Contract Documents other than those listed in this Article 6. The Contract Documents may only be amended by Change Order as provided in Section 1-04.4 of the Standard Specifications which may be modified by the Special Provisions. ARTICLE 7. INDEMNIFICATION. The CONTRACTOR and CITY acknowledge and agree that they have negotiated the following in accordance with the requirements of RCW 4.24.115 and the CONTRACTOR specifically waives his immunity under industrial insurance under Title 51 RCW. To the fullest extent permitted by Laws and Regulations, the CONTRACTOR shall indemnify, defend, and hold harmless the CITY, ENGINEER, their consultants, subconsultants, and the officers, directors, employees, and agents of each and any of them, against and from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, all claims and liability arising under, by reason of, related, or incidental to the Contract Documents or any performance of the WORK, but not from the sole negligence or willful misconduct of the CITY and/or the ENGINEER as further defined in the Contract Documents. The provisions of this section shall survive the termination of the contract. _____________ Contractor Initials City of Bremerton 233-1896-152 Marine Drive Stormwater LID Retrofit I-41 May 2019 Contract Documents Contract CONTRACT (Page 3 of 4) ARTICLE 8. ASSIGNMENT No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. The CITY, in its sole discretion, may refuse to allow the CONTRACTOR to assign any or all of its duties, rights and/or responsibilities under the Agreement, except with regards to an assignment of funds for security purposes. In the case of an assignment for security purposes the CITY may condition its approval to the extent it deems necessary to assure that there will be adequate funds to complete the WORK and to pay a subcontractors and suppliers. ARTICLE 9. THIRD PARTY BENEFICIARY All parties agree that the State of Washington shall be, and is hereby, named as an express third- party beneficiary of the contract, with full rights as such. _____________ Contractor Initials City of Bremerton 233-1896-152 Marine Drive Stormwater LID Retrofit I-42 May 2019 Contract Documents Contract CONTRACT (Page 4 of 4) CITY and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. IN WITNESS WHEREOF, CITY and CONTRACTOR have caused this Agreement to be executed the day and year first above written. CITY: City of Bremerton CONTRACTOR: By By [CORPORATE SEAL] Attest Attest Address for giving notices Address for giving notices License No. Approved as to Form: Agent for service of process: (Signature) (Title) City of Bremerton 233-1896-152 Marine Drive Stormwater LID Retrofit I-43 May 2019 Contract Documents Contract Certificate CONTRACT CERTIFICATE (if Corporation) STATE OF ) ) ss. COUNTY OF ) I HEREBY CERTIFY that a meeting of the Board of Directors of the ___________________ ____________________________________________________________________________ ____________________________________________________________________________ a corporation existing under the laws of the State of ____________________________, held on __________________, 20___, the following resolution was duly passed and adopted: “RESOLVED, that _________________________________________________, as ______________________ President of the Corporation, be and is hereby authorized to execute the Agreement dated _________________, 20___, by and between this Corporation and the City of Bremerton and that his/her execution thereof, attested by the Secretary of this Corporation, and with the Corporate Seal affixed, shall be the official act and deed of this Corporation.” I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the corporation this _____, day of ___________________, 20___. (Secretary) (SEAL) City of Bremerton 233-1896-152 Marine Drive Stormwater LID Retrofit I-44 May 2019 Contract Documents Contract Certificate This Page Intentionally Left Blank City of Bremerton 233-1896-152 Marine Drive Stormwater LID Retrofit I-45 May 2019 Contract Documents Contract Certificate CONTRACT CERTIFICATE (if Limited Liability Company) STATE OF ) ) ss. COUNTY OF ) I HEREBY CERTIFY that a meeting of the Members of the __________________________ ____________________________________________________________________________ ____________________________________________________________________________ a Limited Liability Company existing under the laws of the State of _______________________, held on __________________, 20___, the following resolution was duly passed and adopted: “RESOLVED, that ____________________________ and ___________________, as Members of this Limited Liability Company, be and are hereby authorized to execute the Agreement dated _________________, 20___, to the City of Bremerton by this Limited Liability Company and that their execution thereof shall be the official act and deed of this Limited Liability Company.” I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this ___, day of ____________, 20___. A Limited Liability Company By: Member By: Member (SEAL) City of Bremerton 233-1896-152 Marine Drive Stormwater LID Retrofit I-46 May 2019 Contract Documents Contract Certificate This Page Intentionally Left Blank City of Bremerton 233-1896-152 Marine Drive Stormwater LID Retrofit I-47 May 2019 Contract Documents Contract Certificate CONTRACT CERTIFICATE (if Partnership) STATE OF ) ) ss. COUNTY OF ) I HEREBY CERTIFY that a meeting of the Partners of the ___________________________ ____________________________________________________________________________ ____________________________________________________________________________ a partnership existing under the laws of the State of _______________________, held on __________________, 20___, the following resolution was duly passed and adopted: “RESOLVED, that ____________________________ , as ______________________ of the Partnership, be and is hereby authorized to execute the Agreement dated _________________, 20___, by and between this Partnership and the City of Bremerton and that his/her execution thereof attested by the _____________________ shall be the official act and deed of this Partnership.” I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this ___, day of ____________, 20___. Partner (SEAL) City of Bremerton 233-1896-152 Marine Drive Stormwater LID Retrofit I-48 May 2019 Contract Documents Contract Certificate This Page Intentionally Left Blank City of Bremerton 233-1896-152 Marine Drive Stormwater LID Retrofit I-49 May 2019 Contract Documents Contract Certificate CONTRACT CERTIFICATE (if Joint Venture) STATE OF ) ) ss. COUNTY OF ) I HEREBY CERTIFY that a meeting of the Principals of the __________________________ ____________________________________________________________________________ ____________________________________________________________________________ a joint venture existing under the laws of the State of _______________________, held on __________________, 20___, the following resolution was duly passed and adopted: “RESOLVED, that ____________________________ , as ______________________ of the Joint Venture, be and is hereby authorized to execute the Agreement dated _________________, 20___, by and between this joint venture and the City of Bremerton and that his/her execution thereof attested by the _____________________ shall be the official act and deed of this Joint Venture.” I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this ___, day of ____________, 20___. Managing Partner (SEAL) END OF AGREEMENT Site 1 Site 2Site 3 Marine and Kitsap Way SW Treatment Site Vicinity Map Esri, HERE, Garmin, © OpenStreetMap contributors, and the GIS user community, Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community 1/14/2019, 11:33:53 AM 0 0.1 0.20.05 mi 0 0.15 0.30.07 km 1:9,028 USDA FSA, DigitalGlobe, GeoEye, CNES/Airbus DS | County of Kitsap, Esri, HERE, Garmin, iPC | Web AppBuilder for ArcGIS Project Scope: Active Grant Contract Oyster and Ostrich Bays have water quality problems that are exacerbated by the discharge of untreated stormwater. Ecolo- gy has awarded a grant to complete construction of the designed system to the City of Bremerton Stormwater Program. This project will install one Modular Wetland System (MWS) & 250’ of infiltration trench on Marine Drive at Dora Ave, and two Modular Wetlands Systems, south of Kelly Rd, to treat runoff prior to discharge into Oyster Bay. The MWS provides basic, enhanced, and phosphorus treatment, and will reduce fecal coliform in runoff from 34 acres that includes: 1.34 miles of ur- ban roads and 17.4 acres of pollution generating impervious surface. MARINE DRIVE & KITSAP WAY STORMWATER TREATMENT RETROFIT CONSTRUCTION PROJECT SCHEDULE 2018—2019 Aug Sep Oct Nov Dec Jan Feb Apr May Jun Jul Aug Sept Oct Key: Design/Ecology approval/Permiƫng Bid/Award ConstrucƟon The Kitsap Way Modular Wetland system will be installed in front of the Oyster Bay Inn on Kitsap Way to treat runoff from 1.5 acres of impervious area on Kitsap Way. MWS Treatment systems remove: 85% of total suspended solids (TSS) 66% dissolved copper, 50% total copper, 66% dissolved zinc, 69% total zinc, 95% motor oil / petroleum hydro- carbons, Total Phosphorus: 64% Ortho Phosphorus: 67% Nitrogen: 45% Phosphorus and nitrogen are nutri- ents that feed algae blooms, includ- ing cyanobacteria (blue-green toxic algae). The MWS will remove and retain debris, sediments, TSS, dissolved and parƟculate metals and nutrients including nitrogen and phosphorus, bacteria, BOD, oxygen demanding substances, organic compounds and hydrocarbons during frequent storm events and conƟnuous dry weather Water Quality Total Maximum Daily Load (TMDL): Sinclair and Dyes Inlets are 303(d) Listed water bodies for elevated fecal coli- form (FC). Oyster and Ostrich Bays are con- nected to Dyes Inlet. In the 1960’s FC and general polluƟon caused shellfish bed clo- sures. This project supports the water qual-ity cleanup plan. Combined Project Cost Budget: $1,000,000 Funding: $498K Ecology SFAP Grant Stormwater Fund Match: $502K Designer: Parametrix Inc, Bremerton Contractor: TBD Project Manager: KaƟe KeƩerer AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: June 12, 2019 Purchase of Replacement Festoon Lighting from CED for 4th Street between Pacific and Park Avenues COUNCIL MEETING Date: June 19, 2019 Department: PW & U Presenter: Thomas Knuckey Phone: (360) 473-2376 SUMMARY: The low voltage drivers for the existing festoon lights were faulty and the lights needed to be replaced with a new system that did not require these drivers. The new lighting system is 120 volts with no drivers and the bulbs are easily replace and available locally. ATTACHMENTS: 1) Invoice for the Material FISCAL IMPACTS (Include Budgeted Amount): The amount is in the 2019 City 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 replacement Festoon Lighting from CED for 4th Street (between Pacific and Park Avenues) in the amount of $25,552.51 (which includes WA State sales tax); and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 5F 001 OFPAGE 001 BREMERTON CITY OF 0936-714186 Sold To:Method of Paymen BO From: BO To: Ship To: CED 4503 AUTO CENTER WAY BREMERTON, WA 98312 Tel: 360 377-8585 Fax: 360 373-5065 BREMERTON CITY OF FACILITIES DEPT 345 6TH ST SUITE 100 BREMERTON, WA 98337 (360) 473-2316 06/11/19 ACKNOWLEDGEMENT This is not an Invoice ON ACCT ** ORDER UNRELEASED ** Order No. Order Date FW-12263 PREPAID0052 EH BREMERTON CITY OFACCOUNT NO.JOB NAME AND ADDRESS PROMISE DATE CUSTOMER ORDER SALESPERSON SHIPPING INFORMATION SHIP VIA OUR TRUCK PARK STREET 06/11/19 PRODUCT CODE DESCRIPTION PRICE P E R EXT T Y QUANTITY T D T D % Quantity Ordered SHIPPED Cash Disc C O D E XT 1 19022.63 19022.634 RUNS @ 250FT EACHMISC CALIML2000-24"AT E XT 1 3860.00 3860.00EACH @ 50FT EACHMISC CALIML2000-24-4 RUNS E XT 12 46.67 560.04CAPMISC CALIML2000-EC-END E MERCHANDISE SHIPPING CHARGE TOTAL DEPOSIT: BAL DUE: 0.00 2,109.84 23,442.67 25,552.51 EST. CODE: TO ADVISE YOU PROMPTLY CONCERNING YOUR ORDER, THIS CODE IS USED ON YOUR INVOICES. B - BACK ORDERED. WILL SHIP AS SOON AS RECEIVED UNLESS INSTRUCTED TO CANCEL. C - CANCELLED. NOT IN STOCK. UNABLE TO PURCHASE LOCALLY. TITLE TO MERCHANDISE AND RISK OF LOSS OR DAMAGE PASSES AT POINT OF SHIPMENT. CLAIMS FOR SHORT OR DAMAGED MERCHANDISE SHOULD BE MADE TO CARRIER. MERCHANDISE RETURNED WITHOUT OUR CONSENT WILL NOT BE ACCEPTED. A RESTOCKING CHARGE WILL BE MADE ON RETURNED GOODS UNLESS DEFECTIVE OR THRU ERROR ON OUR PART. A SERVICE CHARGE OF 1 1/2% PER MONTH, BUT NOT TO EXCEED THE HIGHEST AMOUNT LAWFULLY ALLOWED BY CONTRACT IN THIS STATE, WILL BE MADE ON ALL PAST DUE ACCOUNTS. THIS SALE IS SUBJECT TO OUR TERMS LOCATED AT SALES.OUR-TERMS.COM, WHICH WE MAY CHANGE FROM TIME TO TIME WITHOUT PRIOR NOTICE. 25,552.51 0.00 Tax @ 9.00000% NET PAYMENT IS DUE BY THE 15TH OF THE MONTH FOLLOWING PURCHASE CUSTOMER COPY AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Amendment No. 1 to the Consulting Agreement with BMcConsulting, LLC Study Session Date: June 12, 2019 COUNCIL MEETING Date: June 19, 2019 Department: Executive Presenter: Michael Riley Phone: (360) 473-5303 SUMMARY: On October 30, 2018 the City entered into a consulting agreement with BMcConsulting LLC. to provide lobbying services. This amendment extends the term of the contract through June 30, 2020. Payment is to remain the same for the same monthly period, as stated in the original agreement, not to exceed $54,000 annually as identified in the 2019 approved budget. ATTACHMENTS: BMcConsulting LLC Agreement Original; First Amendment to Consulting Agreement FISCAL IMPACTS (Include Budgeted Amount) General Fund Non-Departmental (included in 2019 approved budget) total annual compensation is $54,000. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the first amendment with BMcConsulting LLC term extension; and authorize the Mayor to finalize and execute the amendment with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/18 5G PROFESSIONAL SERVICES AGREEMENT BMcConsulting LLC The City of Bremerton ("City") and BMcConsulting LLC ("Consultant"), referred to collectively as the "Parties," enter into the following Agreement for professional services: I. Scope: The Consultant agrees to perform the services more specifically described in the Scope of Work, including any attachments thereto, attached hereto as Exhibit A, which is incorporated by reference herein. The Scope of Work may be modified only pursuant to Section VII.H of this Agreement. If the Scope of Work provides for unspecified additional services such services shall only be performed upon the express written request of the City. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time such services are performed. II. Term: The City and the Consultant agree that the term of this Agreement will be for one year beginning on July 1, 2018 and ending June 30, 2019. This Agreement may be terminated pursuant to Section IX. III. Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Consultant $4,000.00 per month from July 1, 2018 to December 31, 2018 and 5,000.00 per month from January 1, 2019 to June 30, 2019. The Consultant shall submit regular billing statements detailing work performed and amount charged on each task or portion thereof. The descriptions shall conform to and fall within the categories set out in the Scope of Work and/or Fee Schedule. Upon receipt of a conforming billing statement, the City shall promptly process payment. PROVIDED, HOWEVER, the City reserves the right to prioritize scoped work and accelerate and/or delay work tasks under the time frame set forth in Section II herein. The Consultant's labor rates and billing fees shall be as delineated in Exhibit C. Consultant shall not perform work beyond the Scope of Work, nor shall be compensated for such work, unless the Scope of Work or amount of compensation is modified pursuant to this Agreement. Consultant shall only be compensated for additional services if requested pursuant to Section I and, if not otherwise provided, such compensation shall be in accordance with Exhibit C. If a billing statement does not conform to this Agreement, the City may withhold payment until the statement is brought into compliance. Such withholding does not relieve Consultant of its obligations under this Agreement. IV. Relationship of Parties: Consultant represents that it is skilled in the matters addressed in the Scope of Work and is performing independent functions and responsibilities within its field of expertise. Consultant and its personnel are independent Consultants and not employees of the City. Consultant and its personnel have no authority to bind the City or to control the City's employees and other Consultants. None of the benefits provided by the City to its Bremerton/BMcConsulting LLC Lobbying Services Page 1 of 6 employees, including, but not limited to, compensation, insurance, and unemployment insurance are available from the City to the employees, agents, representatives, or sub -Consultants of the Consultant. Consultant will be solely and entirely responsible for its acts and for the acts of Consultant's agents, employees, representatives and sub -Consultants during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent Consultants to perform the same or similar work. As an independent Consultant, Consultant is responsible for its own management. The City's administration and enforcement of this Agreement shall not be deemed an exercise of managerial control over Consultant or its personnel. As an independent Consultant, Consultant is responsible for payment of all taxes and licensing fees necessary to perform its obligations under this Agreement. These taxes and fees include but are not limited to State industrial insurance, Business & Occupation, State professional licensing, and City business licensing. If any taxes or fees due the City have been declared delinquent, the City may withhold the delinquent amount, plus any additional charges arising from the delinquency, from any payments due Consultant. V. Indemnification: A. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the performance of this Agreement except for that portion of the injuries and damages caused by the City's sole negligence, unless Consultant is conducting work pursuant to Subsection B below. The City's review or acceptance of any of the work when completed shall not be grounds to avoid any of these covenants of indemnification. B. Architects, Engineers and Any Other Professional Listed In and Performing Services Defined in RCW 4.24.115. Should a court of competent jurisdiction determine that Consultant's services provided pursuant to this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. VI. Insurance: The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in Bremerton/BMcConsulting LLC Lobbying Services Page 2 of 6 connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees, sub -consultants or sub -Consultants. Before beginning work on the project described in this Agreement, the Consultant shall provide a Certificate of Insurance evidencing: 1. Professional Liability insurance with limits no less than $1,000,000 limit per occurrence/claim. 2. Workers Compensation insurance as statutorily required by the Industrial Insurance Act of the State of Washington. Any payment of deductible or self insured retention shall be the sole responsibility of the Consultant. All required policies shall be provided on an "occurrence" basis except professional liability insurance (if required), which may be provided on a "claims -made" basis. The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Consultant and a copy of an endorsement that is acceptable to the City, which names the City as an additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all the required insurance policies and endorsements. The City further reserves the right to reject any unacceptable policies and/or endorsements. The Consultant's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. The Consultant's insurance shall be primary and non-contributory insurance as respects the City and shall contain a waiver of subrogation against the City for claims arising out of any operations, liabilities and obligations to which coverage applies. It shall be an affirmative obligation upon Consultant to advise the City's Risk Manager by fax at (360) 473-5161, or by certified mail, return receipt requested to City of Bremerton, attn: Risk Management, 345 6tn Street, Suite 600, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy set out herein, and failure to do so shall be construed to be a breach of this Agreement. The City also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage. VII. General Conditions: A. Reports and Information: When requested by the City, Consultant shall furnish periodic reports and documents on matters covered by this Agreement. The reports and documents shall be furnished in the time and form requested. Consultant shall maintain Bremerton/BMcConsulting LLC Lobbying Services Page 3 of 6 accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to substantiate all billed amounts. B. Ownership and Use of Records and Documents: Original documents, drawings, designs and reports, including those in electronic format, developed under this Agreement are the property of the City. All written information submitted by the City to the Consultant in connection with the services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at least the same extent as the Consultant safeguards like information relating to its own business. If such information is publicly available or is already in Consultant's possession or known to it, or is rightfully obtained by the Consultant from third parties, Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise. All data, documents and files created by Consultant under this Agreement may be stored at Consultant's office in Gig Harbor, Washington. Consultant shall make such data, documents, and files available to the City upon its request at all reasonable times for the purpose of editing, modifying and updating as necessary until such time as the City is capable of storing such information in the City's offices. Duplicate copies of this information shall be provided to the City upon its request, and at reasonable cost. All documents, including all reports, drawings, specifications, computer software or other items prepared or furnished by Consultant pursuant to this Agreement, are instruments of service with respect to the project and are the property of the City. Any reuse by the City for other than the specific purpose intended will be at City's sole risk. C. Use of Photographs and Images. Consultant shall not use or distribute photographs or images depicting City officials, personnel, property, or equipment whether prepared by Consultant or provided by City without prior written consent of the City. The City will not unreasonably withhold its consent. D. Work Performed at Consultant's Risk: Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and sub -consultants in the performance of the work hereunder and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. E. Place of Work: The Consultant shall perform the work authorized under this Agreement at its offices in Gig Harbor, Washington. Meetings with the City staff as described in Exhibit A, Scope of Work, shall take place at the City's offices, or at locations mutually agreed upon by the parties. F. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. Bremerton/BMcConsulting LLC Lobbying Services Page 4 of 6 G. Severability: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. H. Modification: This Agreement may only be modified by written instrument signed by both Parties. I. Written Notices: All communications regarding this Agreement shall be sent to the parties at the addresses listed below by registered or 1 st class mail, or by personal service, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. City Address Greg Wheeler, Mayor City of Bremerton 3456 1h Street, Suite 100 Bremerton, WA 98337 Consultant Address Bryan McConaughy BMcConsulting, LLC 15 Marble Beach Dr. NW Gig Harbor, WA 98332 J. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power. K. Non -Waiver of Breach: The failure of the City to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein conferred in one or more instances shall not be construed to be a waiver or relinquishment of said covenants, agreements or options, and the same shall be and remain in full force and effect. L. Compliance with Laws: Consultant shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. M. Choice of Law and Venue: This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. N. Attorneys' Fees: In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney's fees. O. Assignment: Any assignment of this agreement by the Consultant without the written consent of the City shall be void. VIII. Nondiscrimination: Consultant shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status, disability, or sexual orientation except for employment actions based on bona fide occupational qualification. IX. Termination: Either party may terminate this Agreement at any time for any reason upon thirty (30) days prior written notice, subject to those obligations set forth in this Agreement Bremerton/BMcConsulting LLC Lobbying Services Page 5 of 6 which arise upon or survive termination. Any Notice by Consultant shall include a report showing the status of all items listed in the Scope of Work current through the termination date. A. Rights Upon Termination: In the event of termination, the City shall pay for all services performed by the Consultant to the effective date of termination, as described on a final . invoice submitted to the City. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project which may be used by the City without restriction. Any such use not related to the project which Consultant was contracted to perform shall be without liability or legal exposure to the Consultant. X. Suspension & Debarment. For contracts involving Federal funding, Consultant hereby certifies, by signing this agreement, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Consultant shall provide immediate written notice to the City if at any time it learns that it is or has become ineligible for certification. Should Consultant enter into a covered transaction with another firm, Consultant agrees by signing this agreement that it will verify that the firm with whom it intends to do business is not debarred, suspended, ineligible, excluded or disqualified. CITY OF BREMERTON CONSULTANT By:r Wheeler Its: a or Date: to ) 30 120 i 8 R:\Legal\Legal\Contracts\I XECU'I'I VE\BMcConsulting Agreement 2018 - Final.doc Bremerton/BMcConsulting LLC Lobbying Services Page 6 of 6 By: ryan McConaughy Its: Principal Date: 1 o l 30 1-3 EXHIBIT A SCOPE OF WORK Consultant shall provide the City of Bremerton with the following governmental affairs services: Work with the City to develop a holistic legislative agenda. Meet with Legislators to promote City legislative agenda items. Develop 2019 legislative agenda for the City. Develop and lobby for Transportation and Capital Budget funding requests identified by the Council and the Mayor. Lobby the Legislature on all issues developed under the legislative program. Lobby defensively on legislation that is introduced that would negatively impact the City. BMcConsulting would register as the City's lobbyist with the Public Disclosure Commission. Attend/monitor Puget Sound Coordinating Council to ensure City of Bremerton interests are addressed. Attend relevant meetings/monitor and assist with specific projects of interest to the City, in particular, the State Route 303 (Warren Avenue/Wheaton Way) Corridor and the Harrison - Eastside Employment Center. If Consultant is hired to support the City of Bremerton during session, the following will be included to the scope of work: Provide the City with a weekly legislative report during the legislative session that includes weekly hearing schedules and a summary of bills important to the City. Identify legislation that would impact the City of Bremerton specifically. Attend all relevant legislative hearings. Develop talking points and testimony, as needed, for meetings with Legislators and testimony before legislative committees; help coordinate such visits with City officials. FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN CITY OF BREMERTON AND BMcCONSULTING THIS FIRST AMENDMENT, entered into on the date fully executed below, specifically amends the Consulting Agreement (“Agreement”) entered into between the City of Bremerton and BMcConsulting LLC on October 30, 2018. WHEREAS, the parties desire to amend the Agreement, as set forth in this First Amendment, to extend the term of the Agreement for 12 additional months; NOW THEREFORE, for valuable consideration and by mutual consent of the parties, the Agreement is amended as follows: 1. Term Extension. Section I entitled Term of the Agreement, is modified to extend the original term of the Agreement so that the term now ends on June 30, 2020. 2. Compensation. Shall match the terms set forth in the original Consulting Agreement. The City shall pay Consultant $4,000.00 per month from July 1, 2019 to December 31, 2019, and $5,000.00 per month from January 1, 2020 to June 30, 2020, for the extended term. 3. This document will become a supplement of the Agreement and all provisions will apply hereto. All other terms of the Agreement not specifically amended herein shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Agreement on the day and year written below. BMcCONSULTING LLC CITY OF BREMERTON By Bryan McConaughy By Greg Wheeler Its Principal Its Mayor DATE: DATE: APPROVED AS TO FORM: ATTEST: Bremerton City Attorney City Clerk R:\Legal\Legal\Contracts\EXECUTIVE\BMcConsulting Amend 1.doc AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Ordinance No. 5370 amending Section 13.04.140 of the Bremerton Municipal Code Relating to Liquor in City Parks Study Session Date: June 12, 2019 COUNCIL MEETING Date: June 19, 2019 Department: Parks & Recreation Presenter: Jeff Elevado Phone: (360) 473-5428 SUMMARY: Section 13.04.140 of the Bremerton Municipal Code under the Park Code currently authorizes sale and consumption of liquor in designated City parks and Public Utility property during special events. These include Harborside Fountain Park, Louis Mentor Boardwalk and Otto Jarstad Park. Service and consumption must be permitted by the Washington State Liquor and Cannabis Board, is limited to beer and wine, and must be administered during an event or activity which is licensed by the City as a special event or authorized by the City Council upon terms and conditions as established by the City Council. Increased demand for special events at parks suited for hosting such events and requests from event organizers to provide for the sale and consumption of liquor within the park during these events has prompted this request to amend BMC 13.04.140 to allow sale and consumption of liquor at additional locations. The proposed amendment will add Pendergast Regional Park, Evergreen Rotary Park, and Lions Park to the list of designated parks in which service and consumption of liquor is authorized when all requirements are met. ATTACHMENTS: 1) Ordinance No. 5370 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 Ordinance No. 5370 amending Section 13.04.140 of the Bremerton Municipal Code to allow service and consumption of liquor at designated City parks as regulated by the Washington State Liquor and Cannabis Board. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 6A 1 ORDINANCE NO. 5370 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Section 13.04.140 of the Bremerton Municipal Code relating to liquor in City Parks. WHEREAS, the City Council desires to amend Section 13.04.14 entitled “Liquor” under the Park Code relating to alcohol within City parks; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 13.04.140 of the Bremerton Municipal Code entitled “Liquor" under the Park Code is hereby amended to read as follows: 13.04.140 LIQUOR. It is unlawful to serve or consume, within any City park, any liquor as defined in RCW 66.04.010(25), as enacted and hereinafter amended, except the service and consumption of liquor is authorized in the following circumstances: (a) The service and consumption of liquor in designated City parks as authorized in subsections (b) though (g) below is; (1) Permitted by the Washington State Liquor and Cannabis Board; and (2) Such service and consumption of liquor is limited to beer and wine. (b) Within Pendergast Regional Park, Evergreen Rotary Park, Lions Park, Harborside Fountain Park and the Louis Mentor Boardwalk when; (1) The service of liquor is administered during an event or activity which is: (i) licensed by the City as a special event pursuant to Chapter 5.36 BMC, or (ii) authorized by the City Council upon terms and conditions as established by the City Council. (ac) Harborside Fountain Park and Louis Mentor Boardwalk. Within the boundaries of the Harborside Fountain Park and the Louis Mentor Boardwalk when: (1) Permitted by the Washington State Liquor Control Board; and (21) Such service of liquor is administered by the operator of the Kitsap Conference Center at Bremerton Harborside, as permitted by the City’s Director of Parks and Recreation, or designee, subject to terms and conditions as established by the Director; or. (3) The service of liquor is administered during an event or activity which is: (i) licensed by the City as a special event pursuant to Chapter 5.36 BMC, or (ii) authorized by the City Council upon terms and conditions as established by the City Council, and (iii) such service and consumption of liquor is limited to beer and wine. (bd) Pendergast Regional Park - Indoor Soccer Center. Within the mezzanine food service area of the Olympic Soccer and Sports Center ("Indoor Soccer Center") located within Pendergast Regional Park when: (1) Permitted by the Washington State Liquor Control Board; (21) Such service of liquor is administered by the operator of the Indoor Soccer Center; and. (3) Such service and consumption is limited to beer and wine. 2 (ce) Eastpark - Bremerton Ice Arena. Within the building of the Bremerton Ice Arena facility ("Ice Arena") located within Eastpark when: (1) Permitted by the Washington State Liquor Control Board; (21) Such service of liquor is administered by the operator of the Ice Arena; (3) Such service and consumption is limited to beer and wine; (42) Such service and consumption, when in the viewing stands area, is limited to private events, not public events; however, service and consumption of liquor are prohibited on the field of play; and (53) Required approval has been granted by the National Parks Service, on behalf of the Secretary of the Interior, pursuant to the deed conveying the property to the City. (df) Evergreen Rotary Park. Sampling of beer and wine and sales of beer and wine within the boundaries of a farmer’s market licensed or permitted area located within Evergreen Rotary Park when: (1) Permitted by the Washington State Liquor Control Board; (21) Authorized by the City Council upon terms and conditions as established by the City Council; and (32) Such services comply with the requirements of RCW 66.24.170, 66.24.175, 66.24.240, and 66.24.244 and other related statutory or regulatory requirements, as currently enacted or hereinafter amended; and (43) The sampling area is located within a forty-eight (48) inch high barrier or other designated booth or stall, the location and aesthetics of which are subject to approval by the Director of Parks and Recreation. (eg) Otto Jarstad Park, which is City utility property maintained by the Department of Public Works and Utilities. Within the boundaries of Otto Jarstad Park, which is City utility property maintained by the Department of Public Works and Utilities, when: (1) Permitted by the Washington State Liquor Control Board; and (2) Such service and consumption of liquor is limited to beer and wine; and (31) Permitted by the City’s Director of Public Works and Utilities, or designee as a private, not a public event, subject to terms and conditions as established by the Director; or (42) The service of liquor is administered during an event or activity which is: (i) licensed by the City as a special event pursuant to Chapter 5.36 BMC, or (ii) authorized by the City Council upon terms and conditions as established by the City Council. For purposes of this section, Section 13.04.140, the authorized service and consumption of liquor includes any related sale of liquor. Private event means events, such as weddings and birthday parties, authorized for use of specific space within a park by private groups pursuant to a permit or rental agreement. SECTION 2. Corrections. The City Clerk and codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener, clerical, typographical, and spelling errors, references, ordinance numbering, section/subsection numbers and any references thereto. SECTION 3. Severability. If any one or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. 3 SECTION 4. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. PASSED by the City Council the___________ day of ____________________, 2019. _________________________________ ERIC YOUNGER, Council President Approved this ________ day of ________________________, 2019. _________________________________ GREG WHEELER, Mayor ATTEST: APPROVED AS TO FORM: __________________________________ _________________________________ ANGELA WOODS, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the ________ day of ______________________, 2019. EFFECTIVE the ________ day of ______________________, 2019. ORDINANCE NO. ________. R:\Legal\Legal\Ordinances\Parks\BMC 13.04.140 Liquor - Final.doc Council District 6 Richard Huddy Council District 4 Lori Wheat Council District 3 Kevin Gorman Council District 2 Leslie Daugs Council District 7 Eric Younger