Loading...
HomeMy WebLinkAbout10/02/2019 AGENDA PACKET______________________________________________________________ CITY COUNCIL 345 6th Street, Suite 100, Bremerton, WA 98337 - Phone (360) 473-5280 * * * A M E N D E D * * * OCTOBER 02, 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 – September 18, 2019 C.Minutes of Study Session – September 25, 2019 D.Award of Public Works Agreement to Tercom Construction, Inc. for Installation of Conduit for Fiber Optic Cable at Gold Mountain Golf Club E.Interlocal Agreement with the Kitsap Conservation District for the Rain Garden & Low Impact Development (LID) Project F.Ordinance No. 5377 imposing a Local Sales and Use Tax for Affordable and Supportive Housing in accordance with Substitute House Bill 1406 6.PUBLIC HEARING(S) A.Public Hearing for the 2019 Edward Byrne Memorial Justice Assistance Grant (JAG) Item pulled… 7.GENERAL BUSINESS A.Ordinance No. 5378 amending Section 2.03.010 of the Bremerton Municipal Code relating to the Mayor’s Compensation 8.COUNCIL MEMBER REPORTS 9.ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING Americans with Disabilities Act (ADA) accommodations provided upon request. Those requiring special accommodations please contact the City Clerk at (360) 473-5323 at least 24 hours prior to the meeting. MAYOR’S REPORT October 2, 2019 Photo courtesy of Port of Bremerton 2019 Permit Activity Update Quarter 1-3 (January-September) Nearly $78 million in permit activity valuation issued this year with $54 million in the queue! This is expected to surpass the highest year on record. 2014 2015 2016 2017 2018 2019 $29,962,419 $73,378,298 $29,825,640 $39,964,284 $71,894,072 $77,972,713 2019 Permit Activity Update Quarter 3 (July-September) This quarter has set the bar as the highest quarter ever: 2014 2015 2016 2017 2018 2019 $43,552,762 $30,403,004 $12,743,194 $17,373,930 $15,751,116 $45,415,589 Permits Approved by Year, 2003-2019 *Includes Olympic College Instructional Center construction valued at $36.3 Million **Permits through September 30, 2019 Marine 20 Fire Response On September 27, 2019, the Bremerton Fire Department responded to a 51-foot boat fire in Dyes Inlet. Responding Bremerton units were the new Marine 20 fire vessel as well as Ladder 1, Battalion 1, Engine 2 and Medic 2. The boat operator and his two dogs were able to escape and returned safely to the marina. The boat operator was transported by Medic 2 to Harrison Medical Center for evaluation. Congratulations! LEIGHANN DENTON HUMAN RESOURCES ANALYST II on her hard work and success in completion of Bachelor of Science in Business – Human Resources Management Degree on September 23, 2019 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: N/A Claims & Check Register COUNCIL MEETING Date: October 2, 2019 Department: Legal Services Presenter: Angela Woods Phone: (360) 473-5323 SUMMARY: Approval of the following checks and electronic fund transfers: 1. Check Numbers 386198 through 386387 and Electronic Fund Transfers V20312 through V20367 in the grand total amount of $1,722,272.53 2. Regular Payroll for pay period ending September 15, 2019 in the amount of $842,131.76 3. Retiree Payroll for the pay period ending September 30, 2019 in the amount of $52,342.54 4. Regular Payroll Retro Pay for the period January 1, 2019 thru July 15, 2019 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 – September 18, 2019 Study Session Date: N/A COUNCIL MEETING Date: October 2, 2019 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: The Minutes for the Council Meeting held on Wednesday, September 18, 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 September 18, 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, September 18, 2019 The weekly meeting of the City Council of the City of Bremerton was called to order Wednesday, September 18, 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 Lori Wheat, Kevin Gorman, Leslie Daugs, and Pat Sullivan. Council Members Michael Goodnow and Richard Huddy were absent. Also present were City Attorney Roger Lubovich; City Clerk Angela Woods; Legislative Office Manager Lori Smith; and Information Services Manager Dave Sorensen. 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 Richmond Johnson of Mt. Zion Missionary Baptist Church. MAYOR’S REPORT Mayor Wheeler…  Provided a Finance Update regarding Limited Tax Obligation Refunding;  Congratulated new Finance Director Mike Riley and Assistant Finance Director Caroline Tompson;  Provided an Update on the Kitsap Lake Vegetation Management Plan;  Invited citizens to the Charleston District Center Community Workshop & Walking Tour on September 26;  Provided information from the Census Bureau on how to Spot a Census Scam;  Congratulated Dave Sorensen, Hans Nilsson, and Kelly Wells on their promotions in the IT Department;  Recognized Bremerton Police Department Officers Sergeant Sargent, Detective Thuring, and Detective Ayers; and  Announced the Sinclair Inlet Clean Up on Saturday, September 28 with several meeting sites in Bremerton. PUBLIC RECOGNITION Ashley Hutchison, EBC West Sound Coordinator, read a proclamation received by Mayor Wheeler who proclaimed the Week of September 23 through 29, 2019 as “Diaper Need Awareness Week”. Brad Bryant, Real Estate Professional with Emerald Real Estate Group, explained that he was looking for a way to reach out to local groups to explain the “National Homes for Heroes” Program, which includes grants and private benefits for First Responders, Firefighters, Law Enforcement, Military, Health Care Workers, and Teachers. CONSENT AGENDA 5A – Claims & Check Register: Check Numbers 386006 through 386197, and EFT-V20250 through EFT-V20311 in the amount of $1,952,125.32; and Regular Payroll for the pay period ending August 31, 2019 in the amount of $855,859.29 5B – Minutes of Meeting – September 4, 2019 5C – Minutes of Study Session – September 11, 2019 5D – Contract Modification No. 1 to the Professional Services Agreement with Peripheral Vision Communications d/b/a FIFO Networks, Inc. for Lease Site and Water Utility Communications Assistance City Council Reg. Mtg. Minutes Wednesday, September 18, 2019 Page 2 of 3 5E – 2019-2021 Safe Routes to School Grant Acceptance; and WSDOT Local Agency Agreement for Bremerton School Zone Safety Improvements Project 5F – 2019-2021 Transportation Budget State Funding Acceptance; and WSDOT Local Agency Agreement for SR303 Warren Avenue Bridge Pedestrian Improvements Project 5G – Interlocal Agreement with Kitsap County and Port of Bremerton for Snow Plowing within the Olympic View Industrial Park 5H – Purchase of one 2020 Ford Police Interceptor from Columbia Ford of Longview, WA 5I – Ordinance No. 5376 amending Title 15 of the Bremerton Municipal Code entitled “Municipal Utilities” There were no questions or comments from the public… 05:51:00 M/S/C/U (Daugs/Gorman) Move to approve the CONSENT AGENDA as presented. GENERAL BUSINESS – There were no General Business items… COUNCIL MEMBER REPORTS Lori Wheat congratulated members of the IT Department on their recent promotions; invited the public to the next Community Meeting in District 4 on Monday, September 23 from 5:30 to 6:30 PM at the First Christian Church of Bremerton with Finance Director Mike Riley and Assistant Finance Director Caroline Tompson to receive your vision for Bremerton in 2020; and on Saturday, September 28 encouraged the community to participate in the Kiwanis Park Monthly Work Party from 9:00 to 11:00 AM and then join in the Sinclair Inlet Clean-Up from 11:00 AM to 2:00 PM. Kevin Gorman provided a reminder that the Bremerton Community Farmers Market is still going strong on Thursdays at Evergreen Rotary Park with new winter hours from 3:30 to 6:30 PM. Leslie Daugs announced on behalf of Council Member Michael Goodnow that volunteers were welcome to help at the next Forest Ridge Park Monthly Work Party on Saturday, September 21 from 9:00 AM to Noon; also congratulated staff on their promotions in IT; and cautioned drivers to be aware that kids are out there now that school is back in session. Pat Sullivan invited the community to submit an RSVP if they are interested in attending a special “Getting Ready for Fall & Winter Shoreline Weeding Party & BBQ” on Saturday, September 21 from 9:00 AM to 12:00 PM; and shared that Albers Vista Botanical Gardens was hosting the next workshop on Saturday, September 21 from 10:00 AM to 12:00 PM. With no further business, President Younger adjourned the Council Meeting at 6:00 PM. Prepared and Submitted by: ______________________________ LORI SMITH Legislative Office Manager City Council Reg. Mtg. Minutes Wednesday, September 18, 2019 Page 3 of 3 APPROVED by the City Council on the 2nd day of October, 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 – September 25, 2019 Study Session Date: N/A COUNCIL MEETING Date: October 2, 2019 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: The Minutes for the Study Session held on Wednesday, September 25, 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 September 25, 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, September 25, 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, September 25, 2019, at 5:00 PM, with Council President Eric Younger presiding. Council Members present were Michael Goodnow, Lori Wheat, Kevin Gorman, Leslie Daugs, and Pat Sullivan. Council Member Richard Huddy was absent. Legislative Office Manager Lori Smith was present to provide staff support. President Younger emphasized that the Study Session is open to the public, and except for Items A4 and A5, 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 the Council, the items will be placed on the October 2, 2019 City Council Meeting Agenda… A. BRIEFINGS ON AGENDA ITEMS 1. Proposed Public Hearing for the 2019 Edward Byrne Memorial Justice Assistance Grant (JAG) Public Hearing 2. Award of Public Works Agreement to Tercom Construction, Inc. for Installation of Conduit for Fiber Optic Cable at Gold Mountain Golf Club Consent Agenda 3. Interlocal Agreement with the Kitsap Conservation District for the Rain Garden & Low Impact Development (LID) Project Consent Agenda 4. AWARD OF PUBLIC WORKS AGREEMENT TO VET INDUSTRIAL FOR THE SR-304 GATEWAY MEDIAN LANDSCAPE PROJECT: Public Works Project Manager Katie Ketterer explained that the SR 304 Gateway Median Landscape project will remove overgrown vegetation and dead trees from the median of SR 304 and replace the vegetation with river rock. The project was originally planned as a 3-year project to be completed by the Street Department crew. The first phase (from SR 16 interchange to Charleston Beach Rd.) was completed in 2018 for a cost of $80,000. The second and third phases were planned for 2019 and 2020; however, other work completed earlier this year resulted in the inability of the Street Crew to the landscaping. An evaluation of the work plan and estimate revealed that outside forces could complete phases 2 & 3 of the project in 2019 cost effectively and free up the street crew to complete other projects. Requests for bids were solicited from the small works roster to construct landscape improvements to the SR 304 Gateway Median from Charleston Beach Road to 1st Street. Two bids were received, and Vet Industrial submitted the low bid of $185,050 which is less than the Engineers estimate. Vet Industrial is the lowest responsive and responsible bidder and Public Works recommends the contract be awarded to Vet Industrial in the amount of $185,050. Anna Mockler; Jane Rebelowski; and Larry Leggett provided comments and questions, with response provided by Ms. Ketterer and Public Works Director Tom Knuckey… 05:33:00 M/S/C (Gorman/Sullivan) Move to Award the Public Works Agreement to Vet Industrial for the SR-304 Gateway Median Landscape Project; authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented; and approve a budget amendment of up to $145,000 from REET balance to the Transportation Capital Fund. Voted in Favor of Motion: Sullivan, Daugs, Gorman, and Younger Voted Opposed to Motion: Wheat Motion carried: 4-Yes; 1-No City Council Study Session Minutes Wednesday, September 25, 2019 Page 2 of 3 At approx. 5:36 PM Council Member Mike Goodnow arrived to the meeting… 5. SOLE SOURCE PROCUREMENT FOR THE REPAIR/REBUILD OF THE CS21-4 CENTRIFUGE & BACKDRIVE BY CENTRISYS CENTRIFUGE SYSTEMS: Rick Zimburean, Wastewater Treatment Plant Maintenance Supervisor, stated that the Centrisys centrifuge was installed in 2009 and has been the primary machine in dewatering the Westside treatment plant biosolids. In 2014 the machine was pulled and sent to the Centrisys repair facility, for the rebuilding/repair of the centrifuge and backdrive, as we had met the requisite operational hours for this rebuild. We have currently met the requisite operational hours, and the Centrifuge and backdrive are again in need of a major repair/rebuild. The Centrisys proposal for the repair/rebuild of the centrifuge and backdrive is $61,312.50 and includes tax and shipping. There were no questions or comments from the public… 05:39:00 M/S/C/U (Sullivan/Gorman) Move to approve the Sole Source Procurement for the Repair/Rebuild of the CS21-4 Centrisys Centrifuge & Backdrive by Centrisys Centrifuge Systems in the amount of $61,312.50; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. President Younger announced that due to a number of audience members interested in this discussion, Item 8 would be heard prior to Items 6 and 7… 8. Substantial Amendment to 2018 Community Development Block Grant Annual Action Plan Information only (Study Session October 23)… President Younger announced a break from 6:09 PM to 6:15 PM… 6. Ordinance imposing a Local Sales and Use Tax for Affordable and Supportive Housing In Accordance with Substitute House Bill 1406 Consent Agenda 7. Ordinance amending Section 2.03.010 of the Bremerton Municipal Code relating to the Mayor’s Compensation General Business B. GENERAL COUNCIL BUSINESS o Public Works Committee Briefing (09/17/19 Meeting) – Chair Kevin Gorman o General Council Business was briefly discussed. C. EXECUTIVE SESSION 15-Minutes to discuss “Potential Litigation” as allowed per RCW 42.30.110 (1) (i) Action is anticipated… Item Pulled With no further business, President Younger adjourned the Council Study Session at 8:00 PM. Prepared and Submitted by: ______________________________ LORI SMITH Legislative Office Manager City Council Study Session Minutes Wednesday, September 25, 2019 Page 3 of 3 APPROVED by the City Council on the 2nd day of October, 2019. ______________________________ Eric Younger, Council President ATTEST: ______________________________ Angela Woods, City Clerk EY:AW:ls:cg AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Award of Public Works Agreement to Tercom Construction, Inc. for Installation of Conduit for Fiber Optic Cable at Gold Mountain Golf Club Study Session Date: September 25, 2019 COUNCIL MEETING Date: October 2, 2019 Department: Parks & Recreation Presenter: Jeff Elevado Phone: (360) 473-5428 SUMMARY: The current DSL connection used for internet access at the Gold Mountain Golf Club is not able to provide the bandwith and stability required for business operations at the facility. Instability and slow transfer rates have compromised the Point of Sale systems and directly affected the staff’s ability to conduct business. The solution proposed by the City’s Information Technology Department is to connect to the available fiber optic network at the entrance along the West Belfair Valley Road. This connection requires installation of approximately 2,300 feet of buried conduit to carry the fiber optic cable to the clubhouse. Proposals were solicited from vendors on the MSRC Small Work Roster. The City received proposals from three vendors. Tercom Construction, Inc. was the lowest responsive bidder with a proposal of $32,591.00 (WSST included). ATTACHMENTS: 1) Public Works Agreement; 2) Tercom Construction, Inc. Proposal FISCAL IMPACTS (Include Budgeted Amount): Funds for this contract are available in the Golf Capital Reserve Fund. STUDY SESSION AGENDA: ☒Limited Presentation ☐Full Presentation STUDY SESSION ACTION: ☒ Consent Agenda ☐General Business ☐Public Hearing RECOMMENDED MOTION: Move to Award the Public Works Agreement to Tercom Construction, Inc. for Installation of Conduit for Fiber Optic Cable at Gold Mountain Golf Club in the amount of $32,591.00 (WSST included); 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 5D PUBLIC WORKS AGREEMENT – Page 1 of 8 (between City of Bremerton and Tercom Construction, Inc.) PUBLIC WORKS AGREEMENT THIS AGREEMENT is entered into between the City of Bremerton, a Washington Municipal Corporation (“City”), and Tercom Construction, Inc. (“Contractor”), whose mailing address is P.O. Box 44623, Tacoma WA, 98448. The parties agree as follows: 1. CONTRACTOR SERVICES. The Contractor shall perform the following services for the City: All labor and materials required to trench, install and backfill approximately 2,232 feet of 2” PVC conduit to be used for the installation of fiber optic cable as identified in the Scope of Work attached as Attachment A. 2. TIME OF COMPLETION. Contractor shall complete the work within 45 calendar days from the date of issuance of the City’s Notice to Proceed. 3. COMPENSATION. The City shall pay the Contractor the total amount of $29,900.00, plus any applicable Washington State Sales Tax, for the work and services contemplated in this agreement. The City shall pay the Contractor ninety percent (90%) of the Contract amount upon completion and acceptance of the work by the City, and the remainder upon fulfillment of the conditions listed below and throughout this agreement. A. No Performance Bond. Because this contract including applicable sales tax is $150,000 or less, and pursuant to Chapter 39.08 RCW, the Contractor, in lieu of providing the City a performance bond, has elected to have the City retain the final ten percent (10%) of the Contract amount for a period of thirty (30) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue and the State Department of Labor & Industries and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. B. Defective or Unauthorized Work. The City reserves its right to withhold payment from Contractor for any defective or unauthorized work. Defective or unauthorized work includes, without limitation: work and materials that do not conform to the requirements of this agreement; and extra work and materials furnished without the City’s written approval. If Contractor is unable, for any reason, to satisfactorily complete any portion of the work, the City may complete the work by contract or otherwise, and Contractor shall be liable to the City for any additional costs incurred by the City. “Additional costs” shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Contract price specified above. The City further reserves its right to deduct the cost to complete the Contract work, including any Additional Costs, from any and all amounts due or to become due the Contractor. PUBLIC WORKS AGREEMENT – Page 2 of 8 (between City of Bremerton and Tercom Construction, Inc.) C. Final Payment: Waiver of Claims. THE MAKING OF FINAL PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL PRECLUDE ALL CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY CONTRACTOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. 4. INDEPENDENT CONTRACTOR. Contractor is and shall be at all times acting as an independent contractor and not as an employee of the City. The Contractor shall secure at its expense, and shall be responsible for all payments of income tax, social security, state disability insurance compensation, unemployment compensation, and all other payroll deductions for the Contractor, officer, agents, employees and sub-contractors. The Contractor shall also secure all applicable business licenses, if required, in connection with the contract services, including all required licenses for Contractor's officers, agents, employees and sub- contractors. 5. TERMINATION. The City may terminate this agreement for good cause. “Good cause” shall include, without limitation, any one or more of the following events: A. The Contractor’s refusal or failure to supply a sufficient number of properly skilled workers or proper materials for completion of the Contract work. B. The Contractor’s failure to complete the work within the time specified in this agreement. C. The Contractor’s failure to make full and prompt payment to sub- contractors or for material or labor. D. The Contractor’s persistent disregard of federal, state or local laws, rules or regulations. E. The Contractor’s filing for bankruptcy or becoming adjudged bankrupt. If the City terminates this agreement for good cause, the Contractor shall not receive any further monies due under this agreement until the Contract work is completed. 6. PREVAILING WAGES. Contractor shall file a “Statement of Intent to Pay Prevailing Wages” with the State of Washington Department of Labor & Industries prior to commencing the Contract work. Contractor shall pay prevailing wages and comply with Chapter 39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate provisions. The latest prevailing wage rate revision issued by the Department of Labor and Industries is attached. PUBLIC WORKS AGREEMENT – Page 3 of 8 (between City of Bremerton and Tercom Construction, Inc.) 7. CHANGES. The City may issue a written work change directive for any change in the Contract work during the performance of this agreement. If the Contractor determines, for any reason, that a change order is necessary, Contractor must submit a written change order request to the City’s project manager within two (2) business days of the date the Contractor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Contractor’s costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Contractor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Contractor shall proceed with the change order work upon receiving a written work change directive or change order from the City. If the Contractor fails to require a change order within the time allowed, the Contractor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Contractor disagrees with the equitable adjustment the Contractor must complete the change order work; however, the Contractor may elect to protest the adjustment as provided below: A. Procedure and Protest by the Contractor. If the Contractor disagrees with anything required by a work change directive or change order, including any direction, instruction, interpretation, or determination by the City, the Contractor shall: 1. Immediately give a signed written notice of protest to the City; 2. Supplement the written protest within fourteen (14) calendar days with a written statement that provides the following information: a. The date of the Contract’s protest. b. The nature and circumstances that caused the protest. c. The provisions in this agreement that support the protest. d. The estimated dollar cost, if any, of the protested work and how that estimate was determined. e. An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. The Contractor shall keep complete records of extra costs and time incurred as a result of the protested work. The City shall have access to any of the Contractor’s records needed for evaluating the protest. 3. The City will evaluate all protests, provided the procedures in this section are followed. If the City determines that a protest is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. PUBLIC WORKS AGREEMENT – Page 4 of 8 (between City of Bremerton and Tercom Construction, Inc.) B. Contractor’s Duty to Complete Protested Work. In spite of any protest, the Contractor shall proceed promptly with the work as the City has ordered. C. Contractor’s Acceptance of Changes. The Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by Contractor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Contractor also waives any additional entitlement and accepts from the City any written order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Contractor completely waives any claims for protested work and accepts form the City any written order (including directions, instructions, interpretations, and determination). 8. CLAIMS. The Contractor shall give written notice to the City of all claims other than change orders within fourteen (14) calendar days of the occurrence of the events giving rise to the claims. Any claim for damages, additional payment for any reason, or extension of time, whether under this agreement or otherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this agreement; or, if (and only if) no such provision is applicable, unless that claim is set forth in detail in writing and received by the City within seven (7) calendar days from the date Contractor knew, or should have known, of the facts giving rise to the claim. At a minimum, a Contractor’s written claim must include the information set forth regarding protests in Section 7.A.2.a.-e. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. Contractor must, in any event, file any claim or bring any suit arising from or connected with this agreement within 120 calendar days from the date the contract work is complete. 9. WARRANTY. The Contractor shall correct all defects in workmanship and materials within one year from the date of the City’s acceptance of the Contract work. When defects are corrected, the warranty for that portion of the work shall extend for one year form the date such correction is completed and accepted by the City. The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the PUBLIC WORKS AGREEMENT – Page 5 of 8 (between City of Bremerton and Tercom Construction, Inc.) defect. If the Contractor does not accomplish the corrections within a reasonable time, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. 10. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its officer, 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 injuries and damages caused by the City’s sole negligence. The City’s inspection or acceptance of any of Contractor’s work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officials, employees, agents and volunteers, the Contractor’s liability hereunder shall be only to the extent of the Contractor’s negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS INDEMNIFICATION CONSTITUTES THE CONTRACTOR’S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSE OF THIS INDEMNIFICATION. THE PARTIES ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this agreement. 11. INSURANCE. The Contractor shall procure and maintain for the duration of this agreement insurance of the types and in the amounts described below against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work by the Contractor, its agents, representative, employees, sub-consultants or sub- contractors. Before beginning work on the project described in this agreement, the Contractor shall provide a Certificate of Insurance evidencing: 1. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 2. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and $2,000,000 general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket PUBLIC WORKS AGREEMENT – Page 6 of 8 (between City of Bremerton and Tercom Construction, Inc.) contractual; products/completed operations/broad form property damage; explosion, collapse and underground (XCU); and employer’s liability. 3. Excess Liability insurance with limits not less than $1,000,000 per occurrence and aggregate. Any payment of deductible or self insured retention shall be the sole responsibility of the Contractor. The City, its officials, employees, agents and volunteers shall be named as an additional insured on the insurance policy, as respects work performed by or on behalf of the Contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The Contractor’s 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 6th Street, Suite 100, 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 reserves the right to receive a certified copy of all the required insurance policies. 12. MISCELLANEOUS. A. Nondiscrimination. In the hiring of employees for the performance of work under this Agreement or any sub-contract hereunder, the Contractor, its sub-contractors, or any person acting on behalf of such Contractor or sub-contractor shall not, by reason of race, religion, color, sex, national origin, or the presence of any sensory, mental, physical disability, or sexual orientation discriminate against any person who is qualified and available to perform the work to which the employment relates. B. Compliance with Laws. Contractor shall comply with all federal, state and local laws, rules and regulations throughout every aspect in the performance of this agreement. C. Work Performed at Contractor’s Risk. Contractor shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of this agreement. All work shall be done at Contractor’s own PUBLIC WORKS AGREEMENT – Page 7 of 8 (between City of Bremerton and Tercom Construction, Inc.) risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. D. Nonwaiver of Breach. The failure of the City to insist upon strict performance of any of the terms and rights contained herein, or to exercise any option herein conferred in one or more instances, shall not be constructed to be a waiver or relinquishment of those terms and rights and they shall remain in full force and effect E. Governing Law. This agreement shall be governed and construed in accordance with the laws of the State of Washington. If any dispute arises between the City and Contractor under any of the provisions of this agreement, resolution of that dispute shall be available only through the jurisdiction, venue and rules of the Kitsap County Superior Court, Kitsap County, Washington. F. Attorney’s Fees. To the extent not inconsistent with RCW 39.04.240, in any claim or lawsuit for damages arising from the parties’ performance of this agreement, each party shall be responsible for payment of its own legal costs and attorney’s fees incurred in defending or bringing such claim or lawsuit; however, nothing in this subsection shall limit the City’s right to indemnification under Section 10 of this agreement. G. Written Notice. All communications regarding this agreement shall be sent to the parties at the addresses listed on the signature page of this agreement, unless otherwise notified. Any written notice shall become effective upon delivery, but in any event three (3) calendar days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated on this agreement. H. Assignment. Any assignment of this agreement by the Contractor without the written consent of the City shall be void. I. Modification. No waiver, alteration, or modification of any of the provisions of this agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Contractor. J. Severability. If any one or more sections, sub-sections, or sentences of this agreement are held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this agreement and the remainder shall remain in full force and effect. K. Entire Agreement. The written provisions and terms of this agreement, together with any attached Exhibits, supersede all prior verbal statements by any representative of the City, and those statements shall not be construed as forming a part of or altering in any manner this agreement. This agreement and any attached Exhibits contain the entire agreement between the parties. Should any language in any Exhibit to this agreement conflict with any language contained in this agreement, the terms of this agreement shall prevail. PUBLIC WORKS AGREEMENT – Page 8 of 8 (between City of Bremerton and Tercom Construction, Inc.) IN WITNESS WHEREOF, the parties below have executed this agreement. CONTRACTOR THE CITY OF BREMERTON Print Name: Print Name: Title: Title: DATE DATE Notices to be sent to: Notices to be sent to: CONTRACTOR: CITY OF BREMERTON: Jeff Elevado Tercom Construction, Inc. 345 6th Street, Suite 100 P.O. Box 44623 Bremerton, WA 98337 Tacoma, WA 98448 (360) 473-5428 (253) 722-5820 (360) 473-5882 (facsimile) APPROVED AS TO FORM: Roger A. Lubovich Bremerton City Attorney ATTEST: Angela Woods, City Clerk PREVAILING WAGES City of Bremerton ATTACHMENT A Gold Mountain Golf Course Fiber Optic Cable Conduit Installation July 19, 2019 Scope of Work: Contractor to provide all labor and materials to install approximately 2,300 feet of 2” PVC Schedule 40 conduit with five (5) 11x17 hand holes located every 450 feet with pull string and locate tape. Work Included:  All labor, tools, permits and other related items necessary to trench and backfill conduit to a depth of 20 inches.  Attached conduit to block wall of Public Works building at base of entry road and terminate at Clubhouse pavilion.  Coordinate with Gold Mountain Golf Course Maintenance staff on location of conduit and work schedule. Completion of Work: Contractor shall complete the work within thirty (45) calendar days from the date of issuance of the City’s Notice to Proceed. AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: September 25, 2019 Interlocal Agreement with the Kitsap Conservation District for the Rain Garden & Low Impact Development (LID) Project COUNCIL MEETING Date: October 02, 2019 Department: PW&U Presenter: Chance Berthiaume Phone: (360) 473-5929 SUMMARY: Bremerton’s rain garden project will provide technical and financial support to property owners for installation of rain gardens and other low impact development within the City limits to reduce Combined Sewer Overflows during storm events and improve stormwater quality using green infrastructure. The Kitsap Conservation District will be contracted to complete site visits, designs, and installations because of their extensive rain garden experience and proven success with similar programs. Selected recipients will receive rain garden excavation, construction, and materials. The landowner will contribute the cost of a portion of the plants and their own labor to the extent possible. The project will offer resources to teach people to care for their rain gardens and other plantings using natural methods ATTACHMENTS: Interlocal Agreement with the Kitsap Conservation District FISCAL IMPACTS (Include Budgeted Amount): The cost of this agreement will be an amount not to exceed $180,000, $90,000 of which is budgeted in the Wastewater Utility through December 31, 2022, and the remaining $90,000 is budgeted in the Stormwater Utility through December 31, 2022. The annual cost is a maximum of $60,000/year per Section 2 of the agreement. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the Interlocal Agreement with the Kitsap Conservation District for the Rain Garden & Low Impact Development (LID) Project; 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 Interlocal Agreement – City of Bremerton and Kitsap Conservation District, 2019-2022 Page 1 of 12 INTERLOCAL AGREEMENT 2019-2022 Between the City of Bremerton and the Kitsap Conservation District Regarding Rain Garden & Low Impact Development (LID) Education & Outreach, Technical Assistance, and Installation PREAMBLE This Interlocal Agreement (hereinafter “agreement”) is by and between the City of Bremerton (hereinafter “City”) and the Kitsap Conservation District (hereinafter “District”.) RECITALS WHEREAS, the City is committed to preventing stormwater runoff pollution and Combined Sewer Overflows (CSOs); and WHEREAS, the City and the District have a common goal to promote Best Management Practices to protect water quality, provide education to land owners on land use impacts, and support the use of Low Impact Development (LID) practices; and WHEREAS, the services proposed under this agreement will promote improved water quality for local waterways and the mitigation of pollution impacts on fish and wildlife, including shellfish; and WHEREAS, the District’s contribution of services can assist the City in compliance with Washington Department of Ecology CSO reduction requirements; and WHEREAS, the District’s contribution of services can assist the City in compliance with its NPDES (National Pollutant Discharge Elimination System) Municipal Stormwater Permit in the areas of Runoff Control and Education/Outreach; and WHEREAS, the District has the expertise and experience to provide assistance to property owners on land management activities and reducing impacts to water quality; and WHEREAS, the City and the District desire to enter into an agreement and continue to work collaboratively in providing information and services to property owners that will protect water quality; and WHEREAS, the Interlocal Cooperation Act, RCW 39.34, authorizes the parties hereto to enter into this agreement; NOW, THEREFORE, in consideration of the mutual covenants herein contained, the City and the District agree as follows: Interlocal Agreement – City of Bremerton and Kitsap Conservation District, 2019-2022 Page 2 of 12 AGREEMENT 1. SERVICES BY DISTRICT The District shall perform such duties and services as are listed on the scope of work attached hereto as Exhibit A. Said services shall be performed in accordance with the approved scope of work and budget specified in Exhibit A. All services funded under this Agreement shall be provided exclusively within the boundaries of incorporated City of Bremerton. The District shall furnish all services, labor, and related equipment to conduct and complete the work, except as specifically noted otherwise in this Agreement. 2. PAYMENT The City shall reimburse the District only for actual incurred costs upon presentation of a properly executed invoice in a form approved by the City. The sum of the District’s reimbursement requests during the duration of this Agreement shall not exceed Sixty Thousand Dollars ($60,000) per year, of which a maximum of Thirty Thousand Dollars ($30,000) may be reimbursed for LID projects that include disconnection of storm runoff from the sanitary sewer system in support of CSO reduction, and/or a maximum of Thirty Thousand Dollars ($30,000) may be reimbursed for LID projects at properties with no stormwater connection to the sanitary sewer system in support of NPDES permit requirements and stormwater pollution prevention. The anticipated (budgeted) and actual distribution of funds will be reported by the District quarterly and monitored by the City. Reimbursement requests shall be submitted once a quarter. The City reserves the right to withhold payments pending timely delivery of progress reports or documents as may be required under this Agreement. The City shall reimburse the District within sixty (60) days of receipt of a properly executed District invoice. 3. GENERAL ADMINISTRATION AND MANAGEMENT The Water Resources Manager, or designee, shall be the City's representative and shall oversee and approve all services to be performed, coordinate all communications, and review and approve all invoices under this Agreement. The Chair of the Board of Supervisors for the Kitsap Conservation District, or his/her designee, shall represent the District in all matters pertaining to the services and materials to be rendered under this Agreement; all requirements of the City pertaining to the services or materials to be rendered under this Agreement shall be coordinated through the District’s representative. The parties do not create through this Agreement a separate legal entity subject to suit. The parties will not jointly own real or personal property as part of this undertaking. 4. REPORTING The District shall produce quarterly and year-end reports summarizing the work performed and Interlocal Agreement – City of Bremerton and Kitsap Conservation District, 2019-2022 Page 3 of 12 evaluating the performance and results of the work performed pertaining to this Agreement. Progress reports shall include, but are not limited to, the following information: a. Status of the work plan. b. A description of work performed during the period and progress made to date, including performance indicators that reflect effectiveness of the program elements as set forth in Exhibit A. c. Description of any adverse conditions that have affected the program objectives and/or time scheduled, and actions taken to resolve these issues. d. Progress reports shall be submitted as follows: For each year, Quarterly reports are due the closest workday to May 15, August 15, and November 15; Year-end Report is due February 15. The Year-end Report shall contain a summary of major accomplishments realized during the year. This report shall include, but not be limited to, photographs, slides, and any other graphics that would enhance the content and/or appearance of the report. 5. INSPECTION AND AUDIT The District shall maintain all books, records, documents, and other evidence pertaining to the costs and expenses allowable under this Agreement in accordance with generally accepted accounting practices. All such books and records required to be maintained by this Agreement shall be subject to inspection and audit by representatives of the City and/or the Washington State Auditor at all reasonable times, and the District shall afford the proper facilities for such inspection and audit. Representatives of the City and/or the Washington State Auditor may copy such books, accounts, and records where necessary to conduct or document an audit. The District shall preserve and make available all such books of account and records for a period of five (5) years after final payment under this Agreement. In the event that any audit or inspection identifies any discrepancy in such financial records, the District shall provide the City with appropriate clarification and/or financial adjustments within thirty (30) calendar days of notification of the discrepancy. 6. INDEPENDENT CONTRACTOR A. The District and the City understand and expressly agree that the District is an independent contractor in the performance of each and every part of this Agreement. The District expressly represents, warrants, and agrees that its status as an independent contractor in the performance of the work and services required under this Agreement is consistent with and meets the six-part independent contractor test set forth in RCW 51.08.195. The District, as an independent contractor, assumes the entire responsibility for carrying out and accomplishing the services required under this Agreement. The District shall make no claim of City employment nor shall claim any related employment benefits, social security, and/or retirement benefits. Interlocal Agreement – City of Bremerton and Kitsap Conservation District, 2019-2022 Page 4 of 12 B. The District shall be solely responsible for paying all taxes, deductions, and assessments, including but not limited to federal income tax, FICA, social security tax, assessments for unemployment and industrial injury, and other deductions from income which may be required by law or assessed against either party as a result of this Agreement. In the event the City is assessed a tax or assessment as a result of this Agreement, the District shall pay the same before it becomes due. C. The City may, during the term of this Agreement, engage other independent contractors to perform the same or similar work that the District performs hereunder. 7. DISCRIMINATION AND COMPLIANCE WITH LAWS A. The District agrees not to discriminate against any employee or applicant for employment or any other person in the performance of this Agreement because of race, creed, color, national origin, marital status, sex, sexual orientation, age, disability, or other circumstance prohibited by federal, state or local law or ordinance, except for a bona fide occupational qualification. B. The District shall comply with all federal, state, and local laws and ordinances applicable to the work to be done under this Agreement. C. Violation of this Section 7 shall be a material breach of this Agreement and grounds for cancellation, termination or suspension by the City, in whole or in part, and may result in ineligibility for further work for the City. 8. TERM AND TERMINATION OF AGREEMENT A. This Agreement shall become effective upon execution by both parties and shall continue in full force until December 31,2022, unless sooner terminated by either party as provided below. B. This Agreement may be terminated by either party without cause upon thirty (30) days written notice to the other party. In the event of termination, all finished or unfinished documents, reports, or other material or work of the District pursuant to this Agreement shall be submitted to the City, and the District shall be entitled to just and equitable compensation as set forth in Section 2 for any satisfactory work/services completed prior to the date of termination. Interlocal Agreement – City of Bremerton and Kitsap Conservation District, 2019-2022 Page 5 of 12 9. HOLD HARMLESS AND INDEMNIFICATION A. The District agrees to protect, defend, indemnify, and hold harmless the City, its elected officials, officers, employees, and agents from any and all claims, demands, losses, liens, liabilities, penalties, fines, lawsuits, and other proceedings and all judgments, awards, costs and expenses (including reasonable attorneys’ fees and disbursements) caused by or occurring by reason of any negligent act, error and/or omission of the District, its officers, employees, and/or agents, arising out of or in connection with the performance or non-performance of the services, duties, and obligations required of the District under this Agreement. B. The City agrees to protect, defend, indemnify, and hold harmless the District, its officers, employees, and agents from any and all claims, demands, losses, liens, liabilities, penalties, fines, lawsuits, and other proceedings and all judgments, awards, costs and expenses (including reasonable attorneys’ fees and disbursements) caused by or occurring by reason of any negligent act, error and/or omission of the City, its officers, employees, and/or agents, arising out of or in connection with the performance or non-performance of the services, duties, and obligations required of the City under this Agreement. C. In the event that the District and the City are both negligent, then each party’s liability for indemnification shall be limited to the contributory negligence for any resulting suits, actions, claims, liability, damages, judgments, costs and expenses (including reasonable attorneys’ fees and disbursements) that can be apportioned to that party, its officers, employees and agents. D. The foregoing indemnity is specifically and expressly intended to constitute a waiver of the immunity of each party under Washington’s Industrial Insurance Act, RCW Title 51, as respects the other parties only, and only to the extent necessary to provide the indemnified party with a full and complete indemnity of claims made by the employees of each party. The parties acknowledge that these provisions were specifically negotiated and agreed upon by them. E. The City’s inspection or acceptance of any of the District’s work when completed shall not be grounds to avoid any of these covenants of indemnification. F. Nothing contained in this section of this Agreement shall be construed to create a liability or a right of indemnification in any third party. G. The provisions of this section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. Interlocal Agreement – City of Bremerton and Kitsap Conservation District, 2019-2022 Page 6 of 12 10. INSURANCE The District shall maintain insurance as follows: [X] Commercial General Liability as described in Exhibit B. [X] Automobile Liability as described in Exhibit B. The District shall comply with the provisions of RCW Title 51, Industrial Insurance. For the duration of this Agreement, the District shall provide or purchase industrial insurance coverage for its employees, as may be required of an “employer” as defined in RCW Title 51, and shall maintain full compliance with RCW Title 51. 11. SUBLETTING OR ASSIGNING CONTRACT The District shall not assign or subcontract any portion of the services provided within the terms of this Agreement without obtaining prior written approval from the City. In the event that such prior written consent to an assignment is granted, then the assignee shall assume all duties, obligations, and liabilities of the District as stated herein. 12. EXTENT OF AGREEMENT/MODIFICATION This Agreement, together with Exhibits or addenda, represents the entire and integrated Agreement between the parties and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement may be amended, modified or added to only by written instrument properly signed by both parties. 13. SEVERABILITY A. If a court of competent jurisdiction holds any part, term or provision of this Agreement 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 Agreement did not contain the particular provision held to be invalid. B. If any provision of this Agreement is in direct conflict with any statutory provision of the State of Washington, that provision which may conflict shall be deemed inoperative and null and void insofar as it may conflict, and shall be deemed modified to conform to such statutory provision. 14. FAIR MEANING The terms of this Agreement shall be given their fair meaning and shall not be construed in favor of or against either party hereto because of authorship. This Agreement shall be deemed to have been drafted by both of the parties. 15. NON-WAIVER Interlocal Agreement – City of Bremerton and Kitsap Conservation District, 2019-2022 Page 7 of 12 A waiver by either party hereto of a breach by the other party hereto of any covenant or condition of this Agreement shall not impair the right of the party not in default to avail itself of any subsequent breach thereof. Leniency, delay or failure of either party to insist upon strict performance of any agreement, covenant or condition of this Agreement, or to exercise any right herein given in any one or more instances, shall not be construed as a waiver or relinquishment of any such agreement, covenant, condition or right. 16. NOTICES Unless stated otherwise herein, all notices and demands shall be in writing and sent or hand- delivered to the parties at their addresses as follows: City of Bremerton 100 Oyster Bay Ave N Bremerton, WA 98312 Attention: Water Resources Manager Phone: (360) 473-2315 Fax: (360) 473-5018 Kitsap Conservation District 10332 Central Valley Road Poulsbo, WA 98370 Attention: Chair of the Board of Supervisors Phone: (360) 204-5529 Fax: (360) 204-5519 or to such addresses as the parties may hereafter designate in writing. Notices and/or demands shall be sent by registered or certified mail, postage prepaid, or hand-delivered. Such notices shall be deemed effective when mailed or hand-delivered at the addresses specified above. 17. SURVIVAL Any provision of this Agreement which imposes an obligation after termination or expiration of this Agreement shall survive the term or expiration of this Agreement and shall be binding on the parties to this Agreement. 18. GOVERNING LAW This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 19. VENUE The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Washington for Kitsap County, Washington. 20. COUNTERPARTS This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same Agreement. 21.FILING Pursuant to RCW 39.34.040, this Agreement shall be filed with the Kitsap County Auditor or listed by subject on the public website of the parties hereto or on another electronically retrievable public source. ,![EXECUTED THIS_--1,1--�--1--DAY AUGUST 2019. KITSAP CONSERVATION DISTRICT Albert Allpress Chair, Board of Supervisors Date CITY OF BREMERTON Greg Wheeler Mayor Date lnterlocal Agreement -City of Bremerton and Kitsap Conservation District, 2019-2022 Page 8 of 12 Interlocal Agreement – City of Bremerton and Kitsap Conservation District, 2019-2022 Page 9 of 12 EXHIBIT A SCOPE OF WORK & BUDGET PURPOSE  Reduce Combined Sewer Overflows (CSOs), which is the overflow of sewage and stormwater into Puget Sound that occurs as a result of stormwater exceeding the hydraulic capacity of the sanitary sewer system  Disconnect storm runoff from the sanitary sewer system at selected properties and use LID practices if possible to allow water to infiltrate into the ground  Support NPDES permit compliance and environmental stewardship objectives through:  Public education on LID principals and applications  Increased use of LID practices to mitigate the effects of existing development  Water quality improvements achieved from the LID retrofit projects  Provide an opportunity for private property owners within the City to obtain financial assistance for small-scale LID projects they might not otherwise construct  Provide cost reimbursement to private property owners  Provide funds for technical assistance for small-scale LID projects Within the City of Bremerton (“City”), some private properties still have downspouts and other stormwater runoff sources connected to the sanitary sewer. This can be a problem in large storm events because the extra stormwater can overwhelm the sanitary sewer and cause a CSO in that basin. Disconnecting these properties and directing the runoff to LID where possible will help reduce CSOs and therefore improve water quality, protect marine habitats, and reduce risks to human health. In addition, directing this water into LID will treat the stormwater by removing metals, nutrients, and other pollutants before the water reaches Puget Sound. The City and the Kitsap Conservation District (“District”) share a common goal to promote Best Management Practices (BMPs) to protect water quality, provide education to landowners on land use impacts, and support the use of Low Impact Development (“LID”) practices. The District has the expertise and experience to provide education and technical assistance to property owners who are interested in learning about LID principals or employing stormwater BMPs on their property. The City and the District desire to enter into this agreement and work collaboratively. SCOPE OF WORK The District will partner with the City to develop and accomplish the following tasks: • Task 1— Education and outreach • Task 2— Identify opportunities & locations for small-scale LID projects • Task 3— Implement District rain garden/LID program within City limits • Task 4— Administration, documentation, and reporting Interlocal Agreement – City of Bremerton and Kitsap Conservation District, 2019-2022 Page 10 of 12 TASK 1— EDUCATION AND OUTREACH Objective: Promote public knowledge of LID practices and promote the rain garden/LID program. Scope: 1.1 The District shall work with the City to create outreach materials including but not limited to brochures, flyers, and letters to advertise the program. 1.2 The District shall conduct outreach to eligible property owners to recruit program participants. TASK 2— IDENTIFY OPPORTUNITIES & LOCATIONS FOR SMALL-SCALE LID PROJECTS Objective: Develop a list of potential small-scale rain garden/LID sites based on CSO basins of concern, stormwater connection to the sanitary sewer, District analysis, and in consultation with City staff. Scope: 2.1 Develop a list of potential sites and facility types 2.2 Analyze potential sites for BMP type and estimated costs TASK 3— IMPLEMENT DISTRICT RAIN GARDEN/LID PROGRAM WITHIN CITY LIMITS Objective: The District will implement its existing rain garden/LID program for properties within the City limits. Scope: 3.1 Recruit property owners consistent with Task 2 with the specific goal of CSO reduction, recruit property owners City-wide with the overall goal of increasing the use of LID practices to reduce stormwater pollution and improve water quality, and provide technical support for the design and installation of rain gardens or other small-scale LID projects. 3.2 The design of all projects shall be consistent with City codes and standards. 3.3 The agreement between the District and property owner shall not be inconsistent with City codes and ordinances. 3.4 The agreement with the property owners shall include a requirement for on-going maintenance which is consistent with City standards. The District will provide O&M inspection for those properties receiving cost-share within this agreement for a period not to exceed the contracts dates of this ILA. TASK 4—ADMINISTRATION, DOCUMENTATION, AND REPORTING Objective: To provide project management, including communication, documentation, and submittal of billing invoices and reports. Interlocal Agreement – City of Bremerton and Kitsap Conservation District, 2019-2022 Page 11 of 12 Scope : 5.1 Project management efforts shall include conducting, coordinating, and scheduling project activities, including quality control. 5.2 Communication with the City shall be through postal mail, email, consultation meetings and phone discussions. 5.3 Project documentation shall include a separate file for each project location which contains, at a minimum, a copy of: the signed landowner agreement; the design report; documentation of satisfactory completion; photo(s) of the completed project; and GPS location. Upon site completion, a copy of each file shall be submitted to the City with the subsequent quarterly report. 5.4 Billing invoices, progress reports, and supportive documentation shall be submitted to the City’s Project Manager on a quarterly and annual basis. 5.5 Maintain all records throughout the duration of the agreement and archive for an additional five years for audit purposes. BUDGET PROPOSED 3-YR BUDGET Rain Garden & LID City Technical assistance and cost-share to provide outreach/education, downspout disconnection, and installation of small- scale LID projects at properties with stormwater runoff connected to the sanitary sewer system Up to $90,000 not to exceed $30,000 per year Technical assistance and cost-share to provide outreach/education, technical assistance, and installation of small-scale LID projects at properties with no stormwater connection to the sanitary Up to $90,000 not to exceed $30,000 per year Total 3-Year project budget Up to $180,000 Interlocal Agreement – City of Bremerton and Kitsap Conservation District, 2019-2022 Page 12 of 12 EXHIBIT B INSURANCE Insurance against claims for injuries to persons or damage to property arising out of or in connection with the performance of this Agreement by the District, its officers, employees and agents: A. Automobile Liability Insurance with limits no less than $1,000,000.00 combined single limit per accident for bodily injury and property damage. B. Commercial General Liability Insurance written on an occurrence basis with limits no less than $1,000,000.00 combined single limit per occurrence and $2,000,000.00 aggregate for personal injury, bodily injury and property damage. Coverage shall include, but not be limited to blanket contractual; products/completed operations; broad form property damage; explosion, collapse and underground (XCU) if applicable; and employer's liability. Before commencing work and services, the District shall provide to the person identified in Section 16 of the Agreement a Certificate of Insurance evidencing the required insurance. City reserves the right to request and receive a certified copy of all required insurance policies. Any payment of deductible or self-insured retention shall be the sole responsibility of the District. City shall be named as an additional insured on the Commercial General Liability Insurance Policy, with regard to work and services performed by or on behalf of the District using ISO Additional Insured endorsement CG 20 10 01 and Additional Insured-Completed Operations endorsement CG 20 37-10 901 or substitute endorsements providing equivalent coverage. A copy of the endorsement naming City as an additional insured shall be attached to the Certificate of Insurance. The District’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 District'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 the District to advise the City’s Risk Manager by fax at (360) 473-5161, or by certified mail, return receipt requested to City of Bremerton, Attn: Risk Management, 345 6th Street, Suite 100, 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. AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: September 25, 2019 Ordinance No. 5377 imposing a Local Sales and Use Tax for Affordable and Supportive Housing in accordance with Substitute House Bill 1406 COUNCIL MEETING Date: October 2, 2019 Department: Finance Presenter: Mike Riley Phone: (360) 473-5303 SUMMARY: House Bill 1406 authorizes the governing body of the City to impose a local Sales and Use Tax for acquisition, construction or rehabilitation of affordable housing or facilities providing supportive housing, for the operations and maintenance costs of affordable or supportive housing, and for providing rental assistance to tenants. ATTACHMENTS: Ordinance No. 5377 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. 5377 imposing a Local Sales and Use Tax for Affordable and Supportive Housing in accordance with Substitute House Bill 1406. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 5F 1 Ordinance Implementing SHB 1406 – Funding for Affordable Housing ORDINANCE NO. 5377 AN ORDINANCE of the City Council of the City of Bremerton, Washington, imposing a local sales and use tax for affordable and supportive housing in accordance with Substitute House Bill 1406 (Chapter 338, Laws of 2019), providing for severability and establishing an effective date. WHEREAS, in the 2019 Regular Session, the Washington State Legislature approved, and the Governor signed, Substitute House Bill 1406 (Chapter 338, Laws of 2019) (“SHB 1406”); and WHEREAS, SHB 1406 authorizes the governing body of a city or county to impose a local sales and use tax for the acquisition, construction or rehabilitation of affordable housing or facilities providing supportive housing, and for the operations and maintenance costs of affordable or supportive housing, for providing rental assistance to tenants; and WHEREAS, the tax will be credited against state sales taxes collected within the City of Bremerton and, therefore, will not result in higher sales and use taxes within the City of Bremerton and will represent an additional source of funding to address housing needs in the City of Bremerton; and WHEREAS, the tax must be used to assist persons whose income is at or below sixty percent of the City of Bremerton median income; and WHEREAS, the City of Bremerton has a need to provide affordable housing or facilities and to provide for the operations and maintenance costs of affordable or supportive housing and provide rental assistance to tenants and has determined that imposing the sales and use tax to address this need will benefit its citizens; and WHEREAS, in order for the City to impose the tax, the City was required to adopt a resolution within six months of the effective date of SHB 1406, or January 28, 2020, declaring the City’s intent to adopt legislation to levy the maximum capacity of the tax; and WHEREAS, in fulfillment of the resolution of intent requirement, the Bremerton City Council passed Resolution No. 3318 on August 7, 2019; and WHEREAS, SHB 1406 also requires that the City adopt legislation to authorize the maximum capacity of the tax within one year from the effective date of SHB 1406; and WHEREAS, this ordinance constitutes the required legislation; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: 2 Ordinance Implementing SHB 1406 – Funding for Affordable Housing SECTION 1. Imposition of Tax. Pursuant to SHB 1406 (Chapter 338, Laws of 2019), there is hereby imposed a sales or use tax, as the case may be, on all taxable events within the City of Bremerton defined in RCW 82.14.020, as the same now exists or as hereafter amended or superseded, for the purpose of providing for affordable and supportive housing. The rate of the tax shall be the maximum rate authorized pursuant to SHB 1406 of 0.0073 percent or 0.0146 percent. SECTION 2. Collection of Tax by Department of Revenue. The Washington State Department of Revenue shall deduct the amount of the tax levied in Section 1 above from the amount of sales or use tax otherwise required to be collected or paid to the Department of Revenue under Chapter 82.08 RCW or Chapter 82.12 RCW. The Department of Revenue is authorized to collect such taxes on behalf of the City of Bremerton at no cost to the City. SECTION 3. Distribution by Department of Revenue - Maximum Amount of Tax. The Washington State Department of Revenue shall distribute the proceeds of the tax to the City as provided in SHB 1406, up to the maximum amount provided in such state law. SECTION 4. Use of Tax Revenues. The City may use the revenues from the tax solely for the acquisition, construction or rehabilitation of affordable housing or facilities providing supportive housing, for the operations and maintenance costs of affordable or supportive housing, for providing rental assistance to tenants, or for any other purpose authorized by SHB 1406, as the same now exists or as hereafter amended or superseded. SECTION 5. Bonds. SHB 1406 authorizes the City to issue general obligation or revenue bonds to carry out the purposes of such state law and to pledge the monies collected from the tax for repayment of such bonds. Such bonds, if any, shall be authorized by separate action of the Bremerton City Council. SECTION 6. Interlocal Agreements. SHB 1406 authorizes cities imposing the tax provided for in the ordinance to enter into interlocal agreements with one or more counties, cities, or public housing authorities in accordance with Chapter 39.34 RCW. Such interlocal agreements may include, but are not limited to, pooling the tax receipts, pledging those taxes to bonds issued by one or more parties, and allocating the proceeds of the taxes levied or bonds issued in accordance with such interlocal agreement. Such interlocal agreements, if any, shall be authorized by separate action of the Bremerton City Council. SECTION 7. Reporting. The City shall report annually to the Washington State Department of Commerce on the collection and use of the tax revenues. The report shall be in such form and contain such content as the Department of Commerce shall prescribe by rule. The Mayor, or his or her designee, shall prepare the annual report and provide a copy to the Bremerton City Council at the time the same is filed with the state. SECTION 8. Expiration of Tax. The tax imposed by this ordinance shall expire twenty years after the date on which the tax is first imposed. 3 Ordinance Implementing SHB 1406 – Funding for Affordable Housing SECTION 9. 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 10. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. SECTION 11. Effective Date. This ordinance shall take effect and be in full force five days after publication of the attached summary which is hereby approved. 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 R:\Legal\Legal\Ordinances\Finance\Ordinance to Implement HB 1406 - 8-30-19.doc AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: September 25, 2019 Public Hearing for the 2019 Edward Byrne Memorial Justice Assistance Grant (JAG) COUNCIL MEETING Date: October 2, 2019 Department: Police Presenter: Captain Tom Wolfe Phone: (360) 473-5225 SUMMARY: The Bremerton Police Department is applying for the local solicitation of the Edward Byrne Memorial Justice Assistance Grant (JAG). Since 2010, funding has been used to help fund the salary for the position of the Community Resource Specialist. The grant will allow the City to continue the Community Resource Unit and its crime prevention function and programs. The grant is from the Department of Justice. No matching funds are required of the City. The total grant amount is $20,200. ATTACHMENTS: 2019 Edward Byrne Memorial Justice Assistance Grant Application 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 the application for the 2019 Edward Byrne Memorial Justice Assistance Grant; and if the grant is awarded to the City, authorize the Mayor to execute the grant agreement. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 6A Item pulled… AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: September 25, 2019 Ordinance No. 5378 amending Section 2.03.010 of the Bremerton Municipal Code relating to the Mayor’s compensation COUNCIL MEETING Date: October 2, 2019 Department: City Council Presenter: Eric Younger Phone: (360) 473-5280 SUMMARY: The proposed ordinance amends Section 2.03.010 of the Bremerton Municipal Code to increase the Mayor’s salary to $114,000.00 beginning in 2020. ATTACHMENTS: Proposed Ordinance No. 5378 FISCAL IMPACTS (Include Budgeted Amount): BMC currently has the Mayor’s salary at $107,000.00.The proposed ordinance would increase the Mayor’s salary to $114,000.00. In 2020, the potential impact would be an increase of $7,000.00. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☒ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve Ordinance No. 5378 amending Section 2.03.010 of the Bremerton Municipal Code relating to the Mayor’s compensation. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 7A 1 BMC 2.03.010 - Mayor’s Salary ORDINANCE NO. 5378 ________ AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Section 2.03.010 of the Bremerton Municipal Code relating to the Mayor’s compensation. WHEREAS, pursuant to the City Charter, the Mayor’s salary is established by the City Council by ordinance; and WHEREAS, the current salary for the Mayor as established in 2012 is $107,000; and WHEREAS, after conducting a salary survey, the City Council now desires to amend Section 2.03.010 of the Bremerton Municipal Code to increase the Mayor’s salary to $114,000 beginning January 1, 2020 and to make other amendments relating to the Mayor’s compensation; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 2.03.010 of the Bremerton Municipal Code entitled "Compensation" is hereby amended to read as follows 2.03.010 COMPENSATION. Beginning January 1, 20142020, the Mayor of the City shall receive a base salary of one hundred seven fourteen thousand dollars ($107,000114,000) per year plus benefits, excluding annual cost of living increases, as provided to the management and professional employees of the City pursuant to Chapter 2.50 BMC. Beginning in year 2023, and every four years thereafter, a salary survey shall be conducted on the Mayor’s salary. Any increase to the base salary shall become effective at the beginning of the next calendar year and any decrease to the base salary shall be effective at the beginning of the Mayor’s next term of office. Any increase adjustment to the base salary shall be by ordinance. SECTION 2. Severability. If any one or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 3. 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 2 BMC 2.03.010 - Mayor’s Salary _________________________________ ERIC YOUNGER, Council President Approved this ________ day of ________________________, 2019 _________________________________ GREG WHEELER, Mayor ATTEST: APPROVED AS TO FORM: __________________________________ ________________________________ ANGELA HOOVER, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the________ day of ______________________, 2019 EFFECTIVE the_________day of ______________________, 2019 ORDINANCE NO. ____________ R:\Legal\Legal\Ordinances\Executive\Mayor's Salary (2019).doc Trenton, This is to acknowledge that your email was received, and will be provided to Council Member Kevin Gorman as you indicated. Because the full Council will take action on this item, your email was forwarded to the rest of the Council Members for their review and consideration; and due to the subject matter, a copy was also shared with Mayor Wheeler. Thank you for taking the time to provide your comments, which will also be included as a part of the record. Lori Smith Legislative Office Manager Bremerton City Council (360) 473-5280 City.Council@ci.bremerton.wa.us www.BremertonWA.gov From: trenton [mailto:natodod@yahoo.com] Sent: Friday, September 27, 2019 8:44 AM To: City Council <City.Council@ci.bremerton.wa.us> Subject: City council member Gorman I have read that the city council approved the Pay raise for Mayor Wheeler??? I vehemently say NO to you voting in favor for his increase. I’d like a comprehensive reason as to why you and others feel Mayor wheeler deserves this? Didn’t the mayor just give away our tax dollars they claim was unused of $120,000 to a shelter by 7-11 for the inadequate sprinkler system?????? Where do you or others think this money comes from to give so freely??? And while you are at it vote to increase lower city and county worker’s wages. All across the board!!!!! Very disappointed in knowing you and the others would think this man needs an increase. He hasn’t even completed his full term or even on to another one! Sad and depressing this is how you waste the city money! Sent from Yahoo Mail on Android Council District 1 Pat Sullivan Council District 4 Lori Wheat Council District 6 Richard Huddy