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HomeMy WebLinkAbout01/08/2020 STUDY SESSION PACKET______________________________________________________________ CITY COUNCIL 345 6th Street, Suite 100, Bremerton, WA 98337 Phone (360) 473-5280 * * * A M E N D E D * * * JANUARY 8, 2020 CITY COUNCIL STUDY SESSION 5:00 PM in COUNCIL CONFERENCE ROOM 603 The Study Session is open to the public, but there will be no opportunities for input or participation; no action is anticipated; and the content of these items is subject to change. If approved by Council, the items will be placed on the January 15, 2020 Council Meeting Agenda: A. BRIEFINGS ON AGENDA ITEMS 1. Purchase of 2020 Property Insurance bound with Hartford Fire Insurance Company, Steadfast Insurance Company, and Lloyds of London 2. Professional Services Agreement with Brown & Brown Insurance for Insurance Brokerage Services 3. Amendment No. 3 to Services Reimbursement Agreement with Kitsap Public Health District for Security Services at Salvation Army 4. Amendment No. 1 to the Interlocal Agreement for Emergency Management Services between Kitsap County, and Cities of Bainbridge Island, Bremerton, Port Orchard, and Poulsbo 5. Confirm Appointment of Patrick McGanney to the position of Fire Chief 6. Aquatic Lands Outfall Easement with the Washington State Department of Natural Resources for the 48” Stormwater Outfall located at Evergreen Rotary Park 7. Interlocal Agreement with Kitsap County for the West Sound Stormwater Outreach Group 8. Resolution authorizing the extension of Wastewater Utility Services to the Property located beyond the City limits at 2525 State Route 3 9. Contract Modification Agreement No. 3 with Rice Fergus Miller, Inc. to provide Bid Specifications for Removal/Disposal of Hazardous Materials at Fire Stations No. 2 and 3 B. GENERAL COUNCIL BUSINESS o Finance, Investment, & Parking Committee Briefing (12/10/19 Special Meeting) – 2019 Vice Chair Kevin Gorman o Other General Council Business C. ADJOURNMENT OF STUDY SESSION Americans with Disabilities Act accommodations provided upon request. Those requiring special accommodations should contact the City Clerk’s Office at (360) 473-5323 at least 24 hours prior to the meeting. AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Purchase of 2020 Property Insurance bound with Hartford Fire Insurance Company, Steadfast Insurance Company, and Lloyds of London Study Session Date: January 8, 2020 COUNCIL MEETING Date: January 15, 2020 Department: Legal Presenter: Melisa Vaal Folmer Phone: (360) 473-5302 SUMMARY: The Bremerton Municipal Code authorizes the Risk Management Specialist, with the approval of the City Attorney, to bind property insurance coverage on City assets and requires City Council approval for the continuation of any bound coverage that exceeds an annual premium of $25,000. Property insurance coverage for 2020 has been bound with Hartford Fire Insurance Company, along with excess earthquake coverage with Steadfast Insurance Company and terrorism coverage with Lloyds of London. The 2020 annual premium for all coverage is $388,547. Coverage is subject to a $100,000 deductible for most losses. Earthquake insurance is only provided for the Wastewater Treatment Plant, the Harborside Conference Center, and Fire Station 1. ATTACHMENTS: FISCAL IMPACTS (Include Budgeted Amount): Sufficient funds have been budgeted in the Risk Management Fund for this expenditure for 2020. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the purchase of the 2020 property insurance bound with Hartford Fire Insurance Company, Steadfast Insurance Company and Lloyds of London, in the amount of $388,547. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 A1 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: January 8, 2020 Professional Services Agreement with Brown & Brown Insurance for Insurance Brokerage Services COUNCIL MEETING Date: January 15, 2020 Department: Legal Presenter: Melisa Vaal Folmer Phone: (360) 473-5302 SUMMARY: The City submitted a request for proposals to five (5) insurance companies for insurance brokerage services and received four (4) responses. The proposals were evaluated and staff is recommending Brown & Brown Insurance to be selected to provide brokerage services to the City beginning March 1, 2020, at the rate of $25,000 per year for a three-year term. ATTACHMENTS: Professional Services Agreement FISCAL IMPACTS (Include Budgeted Amount): The Risk Management Fund has adequate funds been budgeted. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the Professional Services Agreement with Brown & Brown Insurance for insurance brokerage services at the rate of $25,000 per year for a three-year term; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 A2 Page 1 of 9 Bremerton/Brown & Brown Insurance Brokerage Services Rev. 07/2018 PROFESSIONAL SERVICES AGREEMENT Insurance Brokerage Services The City of Bremerton (“City”) and Brown & Brown Insurance (“Consultant”), referred to herein individually as a “Party” and collectively as the “Parties”, enter into the following Professional Services Agreement (“Agreement”) for insurance brokerage 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 work will begin on March 1, 2020, and continue for a three-year period unless terminated earlier as provided in Section IX. III. Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Consultant an amount not to exceed $25,000 per year. Any and all commissions received by Consultant from insurance companies for business placed on behalf of the City will be accounted for, disclosed to the City, and credited to City’s account within 30 days of their receipt by Consultant. The term “commission” shall not mean contingent or volume bonuses shared by the insurance carriers or wholesalers on Consultant’s overall book of business. 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 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. 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 hav e been declared Page 2 of 9 Bremerton/Brown & Brown Insurance Brokerage Services Rev. 07/2018 delinquent, the City may withhold the delinquent amount, plus any additional charges arising from the delinquency, from any payments due Consultant. V. Indemnification: 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. 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. 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 that is sufficient to protect the Consultant’s business against all applicable risks. The Consultant shall provide a Certificate of Insurance evidencing: 1. 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 contractual; products/completed operations/broad form property damage; explosion, collapse and underground (XCU) if applicable; 2. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; 3. Excess Liability insurance with limits not less than $1,000,000 limit per occurrence and aggregate; 4. Professional Liability insurance with limits no less than $5,000,000 limit per occurrence/claim; and 5. Workers Compensation insurance as statutorily required by the Industrial Insurance Act of the State of Washington, Title 51, Revised Code of Washington and employer's liability with limits not less than $1,000,000. Any payment of deductible or self-insured retention shall be the sole responsibility of the Consultant. All required policies shall be provided on an “occurrence” basis except professional liability insurance, 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 further reserves the right to reject any unacceptable policies and/or endorsements. Page 3 of 9 Bremerton/Brown & Brown Insurance Brokerage Services Rev. 07/2018 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 6 th 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. VII. General Conditions: A. Reports and Information: Consultant shall maintain the usual written records customary in the business of an insurance broker to include, but not be limited to, records of policies, premium audits, loss date, and other pertinent correspondence which affects the coverage hereunder. These records shall be maintained for a minimum of seven (7) years subsequent to the termination of this Agreement. B. Ownership and Use of Records and Documents: Any reports, studies, conclusions and summaries prepared by the Consultant shall become 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 Tacoma, 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. 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. Page 4 of 9 Bremerton/Brown & Brown Insurance Brokerage Services Rev. 07/2018 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 Tacoma, 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. 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 first-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. Notices to be sent to: Notices to be sent to: CITY: CONSULTANT: City of Bremerton Brown & Brown Insurance Attn: Melisa Vaal Folmer Attn: Kim Wilson 345 6th Street, Suite 100 2106 Pacific Avenue, Suite 501 Bremerton, WA 98337-1891 Tacoma, WA 98402 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 Page 5 of 9 Bremerton/Brown & Brown Insurance Brokerage Services Rev. 07/2018 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 Contractor 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: This Agreement may be terminated, at will, by either Party with 90 days’ notice to the other Party. This Agreement may be immediately terminated for cause by a Party if the other Party substantially fails to perform through no fault of the terminating Party, and the non- performing Party does not commence correction of the failure of performance within five days of the terminating Party’s sending notice to the non-performing Party. 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. [SIGNATURES ON NEXT PAGE] Page 6 of 9 Bremerton/Brown & Brown Insurance Brokerage Services Rev. 07/2018 IN WITNESS WHEREOF, the parties below have executed this Agreement. CITY: CONSULTANT: CITY OF BREMERTON BROWN & BROWN INSURANCE By: By: Greg Wheeler, Mayor William S. Hobson, President Date: Date: APPROVED AS TO FORM: ATTEST: By: By: Roger A. Lubovich, City Attorney Angela Hoover, City Clerk Page 7 of 9 Bremerton/Brown & Brown Insurance Brokerage Services Rev. 07/2018 Exhibit A SCOPE OF WORK Consultant will administer the insurance brokerage services in accordance with the requirements of State law, and City ordinances and policies. The following is the scope of services: Property/Casualty/Specialty Line Risk Analysis, Marketing and Placement of Insurance: 1. Develop and recommend to the City, insurance and other risk financing or loss funding programs, contracts, techniques and methods whenever they will benefit the City. 2. Develop underwriting information, prepare specifications for marketing insurance coverage, structure offerings to insurers, and secure insurance desired, providing an analysis of coverage scope, cost and services. 3. When possible, design insurance policy wording to meet the specific needs and requirements of the City. 4. Structure insurance programs to eliminate gaps and overlaps in coverage and to provide the limits or amounts of coverage requested by the City. 5. Review each insurance policy, binder, certificate or other insuring document to ensure that wording is complete and accurate and that coverage is in compliance with specifications. Deliver binders and insurance policies to the City as soon as possible. 6. Obtain competitive insurance quotes from various insurers when feasible. 7. Service each insurance policy issued to the City, processing changes and endorsements as needed. 8. Issue Certificates of Insurance as requested by the City. 9. Provide answers to the City on insurance coverage and risk management questions. 10. Consultant shall assume oversight responsibilities for any existing insurance policies the City has in place at the beginning of the contract period. 11. Act as liaison between City and insurers. 12. Provide the City with a written explanation of the basic structure of each policy, including coverages, exclusions, terms, analysis of coverage scope, cost and services, and other essential information, in a format suitable for use as a high level executive summary document. 13. Provide early warning of pending rate, coverage or renewal problems, including significant changes in the financial status of insurers. Keep City informed of significant market conditions that may affect the City’s insurance programs Loss Control Services: 1. Work with the City to evaluate the effectiveness of its current loss control program and make recommendations on how to address any deficiencies found to strengthen the overall program. 2. Assist the City in the settlement of self-administered claims. This service may include the monitoring of particularly severe claims by the Consultant or its claims’ service affiliates so as to provide assistance to City’s Risk Management Specialist in negotiating settlements or establishing a defense strategy. Page 8 of 9 Bremerton/Brown & Brown Insurance Brokerage Services Rev. 07/2018 3. Assist the City in obtaining settlement from the insurance carrier for those losses which are not self-administered. 4. When requested, perform premise inspections of City properties together with the City’s Risk Management Specialist for the purpose of identifying employee and public safety hazards. Provide recommendations for correction of identified hazards. 5. Consultant shall monitor the loss control services provided by the insurance carrier or service company. Consultant further will monitor all inspections reports. 6. Assist the City as needed in compiling loss costs; in preparing claims to adjusters; in negotiating settlements; and in pursuing payment. 7. As requested, provide studies of alternative loss funding plans including, but not limited to, captive feasibility, bonding feasibility, SIR/limits determination and retention level studies, and loss frequency and severity projections. 8. Monitor all insurance and other risk financing or loss funding arrangements to assure their continuing adequacy in terms of cost and protection. 9. Assist in the identification and evaluation of loss exposure as requested, including comparative data regarding other public entities that share the size and scope of the City, and provide loss prevention strategies to reduce said exposures. Other: 1. Provide general risk management and insurance consulting. 2. Maintain the usual written records customary in the business of an insurance brokerage operation, as well as any other records which the City may deem necessary to the proper handling of and accounting for the insurance placed by the Consultant. 3. Provide contract review and insurance services support for professional services contracts, construction projects, subcontractor agreements, equipment and premises leases, purchase orders, and maintenance agreements. As requested by the City, assist in the development of insurance and hold harmless clauses for City contracts. Assist the City in the development of standards to be used for contract provisions and review. 4. Attend meetings with City as required. 5. Provide the City with semi-annual activity reports on the performance of Consultant’s function. These reports shall detail the progress and status of all work required under the agreement. 6. Provide annual updating of the City’s insurable value. 7. Be responsible for billing and sub-billing of premiums, and verify the accuracy of each invoice. Consultant shall make every reasonable effort to assure that all billings sent to the City are correct. Each invoice shall include the (a) insurer; (b) policy number; (c) policy period; and (d) coverage provided. Consultant shall furnish invoices on a monthly basis for services which have been provided to the City to: City of Bremerton Attn: Risk Management 345 6th Street, Suite 100 Page 9 of 9 Bremerton/Brown & Brown Insurance Brokerage Services Rev. 07/2018 Bremerton, WA 98337 Within 30 days after receipt of a properly prepared invoice, the City will pay the Consultant for authorized materials and/or services satisfactorily delivered. AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Amendment No. 3 to Services Reimbursement Agreement with Kitsap Public Health District for Security Services at Salvation Army Study Session Date: January 8, 2020 COUNCIL MEETING Date: January 15, 2020 Department: Financial Services Presenter: Melinda Monroe Phone: (360) 473-5306 SUMMARY: The City of Bremerton and the Kitsap Public Health District wish to amend a Services Reimbursement Agreement by extending the current term and expiration date of the agreement to December 31, 2020. This is a cooperative effort in which the City will reimburse the Kitsap Public Health District for its payments to the Salvation Army for security services located at its 6th Street facility. This amendment increases the reimbursement agreement by $30,000 for the extended term. The 2020 Non-Departmental budget includes $30,000 for this purpose. ATTACHMENTS: 1) Amendment No. 3 to the Services Reimbursement Agreement with Kitsap Public Health District and City of Bremerton Updated; 2) Amendment No. 2 to the Services Reimbursement Agreement with Kitsap Public Health District and City of Bremerton FISCAL IMPACTS (Include Budgeted Amount): This item is included in the 2020 Non- Departmental Budget. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve Amendment No. 3 to Services Reimbursement Agreement between the City of Bremerton and Kitsap Public Health District , and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 A3 Updated AMENDMENT NO. 3 TO SERVICES REIMBURSEMENT AGREEMENT BETWEEN CITY OF BREMERTON AND KITSAP PUBLIC HEALTH DISTRICT THIS AMENDMENT NO. 3 to the Services Reimbursement Agreement (“Agreement”) entered March 6, 2017, between the City of Bremerton and Kitsap Public Health District, referred to collectively as the “Parties,” for reimbursement of expenses for security services, is based upon the following recital of facts: WHEREAS, the current Agreement expires December 31, 2019; and WHEREAS, the Parties desire to extend the current term and reimbursement provisions of the Agreement; and WHEREAS, the Agreement requires modification to be made by written instrument signed by both Parties; NOW THEREFORE, the Parties hereby agree: 1. Section II of the Agreement, “Term,” is hereby amended to extend the expiration date of the Agreement to December 31, 2020. 2. Section III of the Agreement, “Reimbursement,” is hereby amended to increase the reimbursement to an amount not to exceed a total amount of One-hundred Twenty thousand dollars and 00/100 ($120,000.00), including the $90,000 already paid to reimburse for services in 2019, 2018, and in 2017. 3. All other terms of the Agreement as amended shall remain in full force and effect. IN WITNESS THEREOF, the Parties hereto have executed this Amendment No. 3 as of the date and year last written below. KITSAP PUBLIC HEALTH DISTRICT ______________________________ By: __________________________ Its: __________________________ DATE: _______________________ CITY OF BREMERTON ______________________________ By: __________________________ Its: __________________________ DATE: _______________________ APPROVED AS TO FORM: ______________________________ ROGER A. LUBOVICH, City Attorney ATTEST: ______________________________ ANGELA HOOVER, City Clerk R:\Legal\Legal\Contracts\FINANCE\Kitsap Public Health District Amendment 1.doc KPI-ID 1560,Amendment 1 (1877) AMENDMENT NO. 2 TO SERVICES REIMBURSEMENT AGREEMENT BETWEEN CITY OF BREMERTON AND KITSAP PUBLIC HEALTH DISTRICT THIS AMENDMENT NO. 2 to the Services Reimbursement Agreement ("Agreement") entered March 6, 2017, between the City of Bremerton and Kitsap Public Health District, referred to collectively as the "Parties," for reimbursement of expenses for security services, is based upon the following recital of facts: WHEREAS,the current Agreement expires December 31, 2018; and WHEREAS, the Parties desire to extend the current term and reimbursement provisions of the Agreement; and WHEREAS, the Agreement requires modification to be made by written instrument signed by both Parties; NOW THEREFORE, the Parties hereby agree: 1. Section II of the Agreement, "Term," is hereby amended to extend the expiration date of the Agreement to December 31, 2019. 2. Section III of the Agreement, "Reimbursement," is hereby amended to increase the reimbursement to an amount not to exceed Ninety thousand dollars and 00/100 ($90,000.00), including the $60,000 already paid to reimburse for services provided in 2017 and 2018. 3. All other terms of the Agreement as amended shall remain in full force and effect. IN WITNESS THEREOF,the Parties hereto have executed this Amendment No. 2 as of the date and year last written below. KITSAP P 4B I ' ALTH DISTRICT CITY OF BREMERTON BY: E i1iM tit Al By: Gee, c.J1,1ce.1Er Its: Its: M y o c DATE: 2(2 2/2 d/5 DATE: Z) ,-1 ) 261,9 APPROVED AS TO FORM:ATTEST: ROGERode t ) VICH, City Attorney A GE WOODS, City Clerk R:\Legal\LLegal\Contracts\FINANCE\Kitsap Public Health District Amendment l.doc AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: January 8, 2020 Amendment No. 1 to the Interlocal Agreement for Emergency Management Services between Kitsap County, and Cities of Bainbridge Island, Bremerton, Port Orchard, and Poulsbo COUNCIL MEETING Date: January 15, 2020 Department: Fire Presenter: Pat McGanney, Interim Fire Chief Phone: (360) 473-5380 SUMMARY: The Emergency Management Council started the process to review and update this Interlocal Agreement. The most significant proposed change is to remove the City of Bainbridge Island from Department of Emergency Management’s powers and duties. ATTACHMENTS: Interlocal Agreement 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 amendment to the Interlocal Agreement between Kitsap County, the cities of Bainbridge Island, Bremerton, Port Orchard, and Poulsbo for Emergency Management Services and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 A4 Formerly A5 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Confirm Appointment of Study Session Date: January 8, 2020 Patrick McGanney to the position of Fire Chief COUNCIL MEETING Date: January 15, 2020 Department: Executive Presenter: Mayor Greg Wheeler Phone: (360) 473-5266 SUMMARY: Approval of the attached Employment Contract with Patrick McGanney confirms his appointment as Fire Chief. Pursuant to Section 21 of the City Charter and Section 2.16.020 of the Bremerton Municipal Code, the Fire Chief shall be appointed by the Mayor, subject to confirmation by the City Council. Employee is currently serving as Interim Fire Chief. And the Mayor desires to officially appoint him to the position of Fire Chief. BMC 2.50.034 authorizes adjustments to benefits established for management and professional employees pursuant to an employment contract approved by the City Council. ATTACHMENTS: Employment Contract FISCAL IMPACTS (Include Budgeted Amount): The appointment would require a budget adjustment of approximately $19,700. STUDY SESSION AGENDA: ☐ Limited Presentation ☒ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to confirm the appointment of Patrick McGanney to the position of Fire Chief and authorize the Mayor to finalize and execute the Employment Contract with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 A5 Formerly A4 Page 1 EMPLOYMENT CONTRACT FIRE CHIEF THIS EMPLOYMENT CONTRACT (“Contract”) is made and entered into by and between the City of Bremerton, Washington, a chartered first class municipal corporation organized under the laws of the State of Washington (“City”), and Patrick McGanney (“Employee”). RECITALS WHEREAS, Pursuant to Section 21 of the City Charter and Section 2.19.020 of the Bremerton Municipal Code (“BMC”), the Fire Chief shall be appointed by the Mayor, subject to confirmation by the City Council; and WHEREAS, Employee is currently serving as Interim Fire Chief and the City desires to officially appoint Employee as the Fire Chief consistent with the laws of the State of Washington and the ordinances and policies of the City; and WHEREAS, The City agrees to provide the same compensation and benefits that the Employee receives as a Training Battalion Chief plus a 25% increase in salary, in order to establish fair compensation and benefits as well as internal equity in transferring from the position of Battalion Chief to Fire Chief; and WHEREAS, BMC 2.50.034 authorizes adjustments to benefits established for Department Heads pursuant to an employment contract approved by the City Council; and WHEREAS, The City also desires to establish certain conditions of employment and set the general working conditions for Employee; and WHEREAS, Employee agrees to accept the position of Fire Chief of the Fire Department for the City in accordance with the terms and conditions of this Contract, City ordinances, Fire Department Standard Operating Procedures and the City Human Resources Policies, as the same may be amended from time to time (“Policies”), subject to the provisions of Section 11; NOW, THEREFORE, in consideration of the mutual covenants herein contained the parties agree as follows: SECTION 1. EMPLOYMENT AND DUTIES A. The City agrees to employ the services of Employee as the Fire Chief of the City’s Fire Department (“Department”). The Employee agrees to furnish full-time services as defined in the job description for the Fire Chief, which is attached and hereby incorporated as a part of this Contract, which may be amended by the City upon thirty (30) days’ notice to the Employee. Page 2 B. The parties understand and agree that the Employee will perform independent functions and responsibilities in the exercise of his field of work. C. Employee agrees to accept employment and act as Fire Chief for the City and to perform his duties to the best of his ability in accordance with the highest professional and ethical standards of the profession and shall comply with all general rules and regulations established by the State of Washington and the City. D. Employee shall not engage in any activity that is, or may become, a conflict of interest, as defined by Washington law, or would be incompatible with the position of Fire Chief, or enter into a prohibited contract, as defined by Washington law. SECTION 2. POSITION AND TERM A. This Contract shall be effective as of the date of execution and shall remain in full force and effect until terminated as provided in Section 6 of this Contract. Employee is an “at-will” employee of the City and shall report to and serve at the pleasure of the Mayor. B. The Employee acknowledges, understands and agrees that the position he is accepting with the City is a management/professional position as defined under Chapter 2.50 BMC and is exempt from Union Membership. It is expressly understood by and between the parties that the position of Fire Chief is an exempt position pursuant to the Fair Labor Standards Act. Even though the position the Employee is accepting with the City is a management/professional position, Employee will receive the compensation and benefits as set forth in Sections 3 and 4 below. C. The Employee further acknowledges, understands and agrees that the position he is accepting with the City is not included in the City’s Civil Service system and that he will not be covered by the Civil Service system applicable to the Department as specified under BMC 2.16.020. Employee shall not be entitled to any of the procedural or substantive protections afforded civil service employees, but the employment relationship between the City and Employee shall be at will and governed by the terms of this Contract. Subject only to the provisions set forth in Section 6 of this Contract. D. Nothing in this Contract shall prevent, limit or otherwise interfere with the City’s right to terminate this Contract, with or without cause, at any time, subject only to the provisions set forth in Section 6 of this Contract, the laws of the State of Washington, City ordinances, and City Polices. E. Nothing in this Contract shall prevent, limit or otherwise interfere with the right of the Employee to resign and terminate this Contract at any time, subject only to the provisions set forth in Section 6 of this Contract. F. So long as this Contract remains in effect, Employee agrees to remain in the exclusive employment of City and shall neither accept other employment nor become employed by any other City without the prior written approval of the Mayor. The term “employed” and Page 3 derivations of that term as used in the preceding sentence shall include employment by another legal entity or self-employment, but shall not be construed to include occasional teaching, writing, consulting or military reserve service performed on Employee’s own time, and with the advance approval of the Mayor. SECTION 3. COMPENSATION A. The Employee and City agree that compensation for services rendered under this contract shall begin at Step 5 of the Battalion Chief of Training pay schedule, plus 6.5% longevity and a 25% increase in salary for Chief’s pay, with an annual rate of approximately one hundred seventy- three Thousand, seven hundred twenty-seven dollars, and ninety cents ($173,727.90). B. The parties agree that Employee shall receive the same cost-of-living adjustment and step/longevity increases that apply to the Bremerton Firefighters Local 437 collective bargaining agreement. Cl SECTION 4. BENEFITS A. Medical. Employee shall participate in the City’s health benefit (medical, dental, vision, employee assistance) plans in accordance with the terms then applicable to other non - represented employees pursuant to BMC 2.50.070. B. Life Insurance. The City shall provide life insurance for the employee with terms equivalent to that which applies to Bremerton Firefighters Local 437. The Employee shall name the beneficiary(ies) of said term life insurance. C. Disability Insurance. The City shall provide short and long-term disability insurance for Employee with terms equivalent to that which applies to Bremerton Firefighters employees. D. City Vehicle. Employee shall have the use of a Fire Department vehicle. In the event that Employee uses his own vehicle for City business-related trips, the City shall reimburse Employee for such use in accordance with the then-current IRS approved mileage rate. E. Additional Benefits. Employee shall receive certain benefits as provided pursuant to the Bremerton Firefighters collective bargaining agreement, in lieu of similar benefits, if any, provided to Professional and Management employees, as follows: 1. Medical Insurance; 2. MERP contribution; 3. HRA contribution; 4. Cleaning Allowance; 5. Sick leave accrual, carry-over and cash out; and 6. Vacation accrual, carry-over and cash out. Page 4 F. Furlough Program. Notwithstanding the terms of this Contract that describes the Employee’s salary, the Employee shall participate in any furlough program that applies, from time to time, to City non-represented employees. SECTION 5. RETIREMENT AND DEFERRED COMPENSATION PLANS A. Employee shall be enrolled in the Law Enforcement and Fire Fighters Plan of Washington (“LEOFF”). The City shall make all legally-required City contributions for Employee’s participation in said system, and Employee shall be responsible for paying all legally-required employee contributions for Employee’s participation in said retirement system. B. In addition to City’s payment to LEOFF described above, City shall pay an amount equal to five-point five (5.5%) percent of annual salary into an Internal Revenue Code Section 457 plan or similar deferred compensation program to be paid by the City in accordance with the City’s normal payroll schedule. If the IAFF receives an increase in the City’s contribution to deferred compensation, the Employee will receive the same increase. Upon written notice to the City, the employee may elect to have all or a portion of the City’s contribution to their deferred compensation converted to longevity. SECTION 6. RESIGNATION, TERMINATION AND SEVERANCE PAY A. Employee’s employment with the City may be terminated (separated from employment) as follows: 1. Without Cause. The Employee is an “at will” employee and the City may terminate his employment with the City without cause, at any time, with thirty (30) days’ notice pursuant to BMC 2.50.090. If termination without cause occurs within five years of appointment to the position of Fire Chief, the employee will be eligible for retreat rights pursuant to Civil Service Rule 1.09 D. If the employee exercises retreat rights under Civil Service Rules, he will not be eligible for severance pay as listed in BMC 2.50.090. If the employee exercises his retreat rights pursuant to Civil Service Rule 1.09 D the City will create a Battalion Chief position for the emplo yee to retreat to. If terminated without cause and the employee does not choose to utilized retreat rights afforded under Civil Service Rule 1.09 D the City shall pay the employee liquidated damages equivalent to the value of twelve (12) month’s salary (to include retirement, deferred compensation and other benefits listed in Section 4) and health insurance benefits plus one year of accrued vacation and accrued sick leave. The employee will be paid for all eligible cash outs as listed in Section 4 of this contract. 2. For Cause. It is not possible to list all forms of behavior that are considered unacceptable in the work place. The following reasons shall constitute grounds to terminate this Contract with “cause” and without severance. This list is not intended to be exhaustive. a) A material breach of this Contract or the repeated neglect by Employee to perform the duties Employee is required to perform under this Contract, either of which continues after written notice and a 30-day cure period, or which occurs within one year following a prior written notice and cure opportunity under this Subsection 6 (A) (2) (a); Page 5 b) The Employee may be terminated from employment with the City for cause, with out notice, in the event the Fire Chief commits an act of gross or willful negligence or breach of the public trust, including: fraud or misconduct related to employment with the City, harassment or repeated discourteous treatment of City personnel or the public; c) A terminable violation of the City’s drug-free workplace policy; d) Failure to comply with legal requirements or lawful directives of the Mayor (provided that the Fire Chief has been given written notice and an opportunity to cure an alleged failure); e) Mental or physical unfitness which prevents the Employee from carrying out the essential functions and/or duties of the position of Fire Chief; f) Conduct, which, while not criminal in nature, violates City policies or other reasonable standards of professional and personal conduct in some substantial manner injurious to the business or reputation of the City; g) Employee understands, agrees and accepts that no severance pay shall be paid if he is terminated for cause; h) A material breach of this Contract or the repeated neglect by Employee to perform the duties Employee is required to perform under this Contract; i) Conviction of any felony offense; j) Conviction of any criminal act involving dishonesty, moral turpitude or physical violence. In the event of a termination for cause, the Fire Chief shall be paid all compensation and benefits earned through the date of termination. 3. By Employee. In the event that the Employee shall terminate his employment with the City, he agrees that he shall provide the City not less than thirty (30) days’ prior notice of the effective date of said termination in order to afford the City a reasonable opportunity to find a replacement. The parties further agree that in the event a replacement is found who is able to commence employment prior to the expiration of thirty (30) days’ notice, that they may, in good faith, negotiate an earlier termination date. B. As a condition of eligibility to receive any severance benefits under this Section 6, the Employee shall sign, as of the date immediately following his separation and in a form provided by the City, a legal release of any and all claims of any kind against the City (except for earned and unpaid wages and benefits as of the termination date, and except for severance benefits hereunder and COBRA benefits), and agreeing neither to bring any litigation nor to make any written or oral communications that are harmful to the reputation of the City or any elected or unelected official or employee of the City. C. It is understood that after notice of termination or resignation in any form, Employee and the City will cooperate to provide for an orderly transition. Specific responsibilities during such transition will be specified in a written separation agreement. If Employee is involuntarily terminated by City for reasons that have the potential to adversely impact Employee’s professional reputation if made public, Employee may request, and if requested, Employee shall be given an opportunity for a name clearing hearing with the Mayor. Page 6 D. This Contract shall be terminated upon the death or permanent disability of the Employee which, for the purposes of this Contract, shall mean that Employee is incapacitated and unable to perform his essential duties, with or without reasonable accommodation, for at least the period of time prescribed by the terms of the Long-Term Disability benefit plan that then covers him. SECTION 7. FLEXIBLE HOURS OF WORK It is recognized that Employee must devote a great deal of time outside the normal office hours on business for the City, and to that end Employee shall be allowed to establish an appropriate work schedule that allows time away from the office during normal office hours. It is expected that Employee will work at least forty (40) hours per week. The parties recognize that Employee will be exempt from the provisions relating to overtime payment and compensatory time under the Fair Labor Standards Act. If the employee is away from the office for a full day, due to non-work related reasons, he will be required to use the appropriate leave. SECTION 8. PERFORMANCE EVALUATION The City shall review and evaluate the performance of Employee on an annual basis. Performance evaluations shall be conducted by the Mayor. Employee shall be provided with a written copy of the evaluation. SECTION 9. PROFESSIONAL DEVELOPMENT The City shall budget and pay for the professional dues and subs criptions of Employee and associated costs (including travel, lodging and meal expenses) reasonably necessary for his continuation and full participation in national, regional, state and local associations and organizations that are necessary and desirable for his continued professional participation, growth and advancement to better serve the interests of the City. SECTION 10. CIVIC INVOLVEMENT City recognizes the desirability of representation in and before local and regional civil and other organizations, and Employee is authorized to become a member of such civic clubs or organizations he deems necessary or desirable in order to maintain awareness of community attitudes and ideas. City shall pay all expenses for membership and participation in up to three such Bremerton organizations. Employee shall report to City on each membership that he has taken out at City’s expense. SECTION 11. OTHER TERMS AND CONDITIONS OF EMPLOYMENT A. All provisions of City ordinances, regulations, rules and City Policies as they now exist or hereafter may be amended, shall also apply to Employee as they would to other employees of the City, except as may be specifically agreed upon herein. Page 7 B. If any term of this Contract differs from City Policies, the terms of this Contract shall take precedence. SECTION 12. MISCELLANEOUS PROVISIONS A. Paragraph Headings. The headings in this Contract are inserted for convenience and identification only and are in no way intended to describe, interpret, define or limit the scope, extent or intent of this Contract or any of the provisions of the Contract. B. Provisions Severable. Every provision of this Contract is intended to be severable. If any term or provision hereof is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of this Contract. C. Rights and Remedies. The rights and remedies provided in this Contract are cumulative, and the use of any one right or remedy by any party shall not preclude nor waive its rights to use any or all other remedies. Any rights provided to the parties under this Contract are given in addition to any other rights the parties may have by law, statute, ordinance or otherwise. D. Entire Agreement. This Contract constitutes the entire agreement between the parties and both parties acknowledge that there are no other agreements, written or oral, that have not been fully set forth in the text of this Contract. E. Governing Law and Dispute Resolution. This Contract shall be construed in accordance with the laws of the State of Washington. Venue for any dispute arising hereunder shall be in Kitsap County Superior Court. However, before any lawsuit may be filed by either party, the Employee and City must agree to engage in non-binding mediation, in which the expense of the mediator will be paid by the City. Other than the cost of the mediator, each party shall bear its own expenses and attorney fees in any dispute, including mediation or litigation. F. Preparation of Contract. No presumption shall exist in favor of or against any party to this Contract as a result of the drafting and preparation of this document. G. No Waiver. No waiver of any breach by either party of the terms of this Contract shall be deemed a waiver of any subsequent breach of the Contract. H. Counterparts. This Contract may be executed simultaneously in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document. I. Amendment. No amendment of this Contract shall be effective unless the amendment is in writing, signed by each of the parties. J. Notices. All notices and demands of any kind which either party hereby may be required or desires to serve upon the other party under the terms of this Contract shall be in writing and shall be served upon such other party by personal service, or by leaving a copy of such notice or demand at the address hereinafter set forth, whereupon service shall be deemed complete, or by mailing a copy thereof by certified or regular mail, airmail if the address is outside the Page 8 state in which the same is mailed, postage prepaid, with return receipt requested, addressed as follows: City: Employee: City of Bremerton Patrick McGanney c/o Human Resources 821 E Soderberg Road 345 6th Street, Suite 100 Allyn, WA 98524 In case of service by mail, it shall be deemed complete on the day of actual delivery as shown on the addressee’s registry of certification receipt or at the expiration of the third day after the date of mailing, whichever first occurs. The addresses to which notices and demands shall be delivered or sent may be changed from time to time by notice served as hereinabove provided by either party upon the other party. K. Appropriations. No commitment of public funds will be made prior to the approval of this Contract. The terms of this Contract are contingent upon sufficient appropriations being made by the City Council for the performance of this Contract. If sufficient appropriations are not made, this Contract shall terminate subject to the conditions subsequent concerning notice and severance payment being given by the City to Employee as provided in Section 6 of this Contract. Termination pursuant to the terms of this Contract shall not result in any claim for payment or damages by Employee or the City. The City’s decision as to whether s ufficient appropriations are available shall be accepted by Employee and shall be final. IN WITNESS WHEREOF, this agreement is entered into on the date fully executed below. CITY OF BREMERTON EMPLOYEE By___________________________ By___________________________ Greg Wheeler, Mayor Patrick McGanney Date: Date: APPROVED AS TO FORM: ATTEST: Roger A. Lubovich, City Attorney City Clerk Page 9 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: January 8, 2020 Aquatic Lands Outfall Easement with the Washington State Department of Natural Resources for the 48” Stormwater Outfall located at Evergreen Rotary Park COUNCIL MEETING Date: January 15, 2020 Department: Public Works & Utilities Presenter: Chance Berthiaume Phone: (360) 473-5929 SUMMARY: In 1995 the Evergreen Park 48” stormwater outfall was constructed in aquatic lands managed by Washington State Department of Natural Resources (DNR) with a 10-year lease agreement. The lease was extended in 2010 for an additional 10 years which expired June 14, 2019. A new lease is required for the City’s stormwater outfall to continue occupancy of the aquatic lands. The new lease is for 30 years, has specific requirements to show background sediment pollution values (Chevron Property Sediment Characterization Study, Parametrix 2006), and requires insurance coverage. The stormwater system collects and conveys runoff from 105 acres that includes 55% residential, 20% commercial, and 25% urban and residential roadways. ATTACHMENTS: DNR lease documents Updated, certificate of insurance, and drainage area map. FISCAL IMPACTS (Include Budgeted Amount): An administration fee of $1,570 will be charged to complete the lease. This will be covered by Stormwater Utility operating funds and will not impact the budget. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to accept and authorize the Mayor to finalize and execute the lease with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 A6 Updated SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2016 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY Willis of Seattle, Inc. c/o 26 Century Blvd P.O. Box 305191 Nashville, TN 372305191 USA City of Bremerton Attn: Melisa Folmer 345 Sixth Street Suite 100 Bremerton, WA 983371873 Washington State Department of Natural Resources is included as an Additional Insured as respects to General Liability. State of Washington Department of Natural Resources Aquatic Resources Division PO Box 47027 Olympia, WA 98504 12/30/2019 1-877-945-7378 1-888-467-2378 certificates@willis.com Allied World Insurance Company 22730 Illinois Union Insurance Company 27960 W15024420 A 1,000,000 100,000 1,000,000 3,000,000 3,000,000 Y 5110-0088-01 02/01/2019 02/01/2020 A 1,000,000 02/01/202002/01/2019 Retention 5110-0088-01 500,000.00 B Environmental Pollution Liabilit Each OccurrencePPL G27270013 003 05/16/2019 05/16/2021 Aggregate 150774019045835SR ID:BATCH: $10,000,000 $5,000,000 Willis Towers Watson Certificate Center Page 1 of 1 Summary for City Council, 12/30/2019 Chance Berthiaume Evergreen Rotary Park Stormwater Outfall New DNR Lease In 1995, the Evergreen Rotary Park 42” stormwater outfall was constructed in aquatic lands managed by Washington State Department of Natural Resources (DNR) with a 10-year lease agreement. The lease was extended in 2010 for an additional 10 years which expired June 14, 2019. A new lease is required for the City’s stormwater outfall to continue occupancy of the aquatic lands. The new lease is for 30 years, has specific requirements to show background sediment pollution values (Chevron Property Sediment Characterization Study, Parametrix 2006), and requires insurance coverage. This is the location of the outfall: Figure 1 Outfall with new lease 42” Stormwater outfall Evergreen Rotary Park at Smith Cove Drainage area for the 42” Stormwater Outfall at Evergreen Rotary Park is highlighted in cream color. AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: January 8, 2020 Interlocal Agreement with Kitsap County for the West Sound Stormwater Outreach Group COUNCIL MEETING Date: January 15, 2020 Department: Public Works & Utilities Presenter: Chance Berthiaume Phone: (360) 473-5929 SUMMARY: Kitsap County and West Sound cities have been working through an Interlocal agreement since 2008 to jointly develop, implement, and fund Municipal Stormwater Permit-required outreach. In 2012, the group assumed the name West Sound Stormwater Outreach Group (WSSOG), to represent the regional scope and to align with other similar groups across Puget Sound. The goals of the WSSOG are to pool funds to: 1. Work cooperatively to help meet the requirements for compliance with the Municipal Stormwater Permit for education designed to reduce or eliminate behaviors and practices that cause or contribute to adverse stormwater impacts. 2. Save costs by sharing expertise, expenses, and staff time for efficiency and to avoid duplication. 3. Jointly work to help fulfill education and outreach requirements of local Total Maximum Daily Loads (TMDLs), also known as Water Pollution Cleanup Plans. 4. Benefit citizens of the West Sound region by providing consistent outreach and messaging. 5. Gain enhanced access to federal, state, and other financial and technical support through coordination among Permittees with adjoining or shared geographic areas. This interlocal agreement authorizes the City of Bremerton to continue as a member of the WSSOG. ATTACHMENTS: 1) Interlocal Agreement with Kitsap County for the West Sound Stormwater Outreach Group 2) Fact Sheet FISCAL IMPACTS (Include Budgeted Amount): An amount not to exceed $20,214 per year will be allocated from the City of Bremerton Stormwater Utility to Kitsap County Surface and Stormwater Management to implement and coordinate the WSSOG program for three years from 2020 through 2022. 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 Kitsap County for Bremerton to participate in the West Sound Stormwater Outreach Group; 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 A7 FACT SHEET FOR CITY COUNCIL WEST SOUND STORMWATER OUTREACH GROUP INTERLOCAL AGREEMENT The Department of Ecology issued National Pollutant Discharge Elimination (NPDES) permits to “Phase II” communities, including Kitsap County and each of its cities in 2007 and reissued new permits in 2013 and 2019. This permit requires permittees to develop a comprehensive stormwater program. In addition to storm system maintenance, monitoring, and prevention of erosion, the permit contains specific requirements for public outreach and involvement designed to prevent pollution of stormwater runoff. Kitsap County and its cities have been coordinating stormwater public outreach for many years and the Phase II permit makes this coordination even more important. In 2008, the Kitsap Peninsula Clean Runoff Collaborative was formed. In 2012, the cities of Port Angeles and Bainbridge Island joined and the group changed its name to “West Sound Stormwater Outreach Group” (WSSOG). The following are the group’s goals: 1. Work cooperatively to help meet the requirements for compliance with NPDES Phase II Municipal Stormwater Permit Section S5.C.1, Public Education and Outreach, through the implementation of education and outreach programs. 2. Realize cost savings and increase municipal resource efficiency by sharing expertise, expenses, and staff time to gain economies of scale and avoid duplication. 3. Jointly work to help fulfill education and outreach requirements of local Total Maximum Daily Loads (TMDLs), also known as Water Pollution Cleanup Plans. 4. Benefit citizens of the West Sound region by providing consistent outreach and messaging. 5. Gain enhanced access to federal, state, and other financial and technical support through coordination among Permittees with adjoining or shared geographic areas. The group successfully worked from 2008 – 2019 through previous 3-year ILAs and now proposes to extend our working relationship through 2022. WSSOG agrees to pool resources and funding to develop and implement stormwater education and outreach. Kitsap County provides the financial management and invoices for actual costs on a pro-rated basis based on percent of population. Bremerton’s share would be 14.0% and will not exceed $20,214 per year. These funds are budgeted in the Stormwater Utility by the Water Resources Division. The City’s representative on the WSSOG is an Environmental Technician from the Water Resources Division. It is recommended that the City continue to participate in this partnership to maximize our resources and provide effective and comprehensive stormwater pollution prevention outreach for the residents of Bremerton. AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: January 8, 2020 Resolution No. _______ authorizing the extension of W astewater Utility Services to the Property located beyond the City limits at 2525 State Route 3 COUNCIL MEETING Date: January 15, 2020 Department: Public Works Presenter: Vicki Grover Phone: (360) 473-5285 SUMMARY: An applicant has requested wastewater service for a property that is outside of the City limits within the West Bremerton Urban Growth Area (UGA). The applicant desires to obtain wastewater connections for a multifamily project. The City has a force main for wastewater that runs along the north side of SR3 with the ability to connect to it at the location of 2525 SR 3. Pursuant to the Bremerton Municipal Code (BMC) 15.03.040, properties located outside of the City limits must annex in order to obtain wastewater services. However, the BMC has policy exceptions for the annexation requirement (see BMC 15.03.040 (b)). The City Council can give a policy exception under three circumstances: Annexation is infeasible, there are failed septic systems, or other circumstances as determined by the Council. Staff has analyzed the subject property and proposes that annexation is infeasible at this time and recommends that City Council make the determination that it meets the provisions of BMC 15.03.040 (b)(1). If City Council allows the annexation exception, then the applicant will be required to sign an Outside Utility Agreement agreeing to future annexation of the property. The action before Council is to adopt a Resolution for a Policy Exception for Wastewater service within the West Bremerton UGA. ATTACHMENTS: 1) Resolution; 2) Vicinity Map of Subject Property; and 3) Staff Memo FISCAL IMPACTS (Include Budgeted Amount): There are no fiscal impacts associated with this request. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve Resolution No. ____ to allow the property at 2525 SR 3 to receive a wastewater service from the City of Bremerton pursuant to BMC Section 15.03.040. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 A8 Utility Extension – Page 1 of 2 Annexation Exception RESOLUTION NO. ________ A RESOLUTION of the City Council of the City of Bremerton, Washington, authorizing the extension of wastewater utility services to property at 2525 State Route 3, located outside the City limits but within the West Bremerton Urban Growth Area. WHEREAS, the City of Bremerton has established a general policy for providing City utility services beyond city limits in Bremerton Municipal Code (BMC) 15.03.040 per Ordinance 5306 passed on August 17, 2016; and WHEREAS, in Section 15.03.040 of the BMC established a general policy that properties located outside the City limits that seek wastewater utilities services to said property must first annex into the City; and WHEREAS, Subsection 15.03.040(b) of the BMC identifies policy exceptions in which City Council, in its sole and absolute discretion, may provide City wastewater utility service to properties outside the City limits without annexation. The policy exception utilized by City Council for the subject property, 2525 State Route 3 (tax parcel 4624-069-001-0002), is Subsection 15.03.040(b)(1) for cases where the City Council determines that annexation of a property located within the City’s urban growth area (UGA) is not currently feasible; and WHEREAS, the subject property, 2525 State Route 3, is located within the West Bremerton UGA and thus could be annexed into the City limits; and WHEREAS, per annexation provisions set forth in Chapter 35.13 RCW, the City may only annex properties that are contiguous to the city limits. The subject property is not currently adjacent to City limits, and thus would require a larger area to be annexed to make annexation feasible; and WHEREAS, to annex, through the petition methods of annexation as codified in Chapter 35.13 RCW, a larger area would be difficult to annex at this time, as the City does not have sufficient annexation agreements in place for this to be successful; and WHEREAS, the subject property has wastewater infrastructure in the near vicinity; and WHEREAS, the Director of Public Works& Utilities recommends providing wastewater utility services to the subject property without requiring annexation of the property into the City; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: Utility Extension – Page 2 of 2 Annexation Exception SECTION 1. Recitals Incorporated. The recitals set forth above in this resolution are hereby incorporated and adopted herein as Findings of Fact and Conclusions as if fully set forth herein. SECTION 2. Based on the findings set forth in the recitals above, the City, as authorized pursuant to BMC 15.03.040, will provide wastewater utility services to property at 2525 State Route 3, located outside the City limits but within the West Bremerton Urban Growth Area. A vicinity map of the subject property is shown as Exhibit A. This service will be provided as annexation of the property located within the City’s urban growth area is not currently feasible. Service to this property is provided conditioned upon the owner of the property for which service is authorized execute an outside utility agreement with the City which grants the City of Bremerton a limited power of attorney to include owner’s consent to annexation of the property as part of any notice of intent or petition for annexation presented to the City of Bremerton. SECTION 3. Severability. If any one or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. SECTION 4. Effective Date. This Resolution shall take effect and be in force immediately upon its passage. PASSED by the City Council of the City of Bremerton, Washington this _____ day of __________________, 2020. ERIC YOUNGER, Council President APPROVED AS TO FORM: ATTEST: ROGER A. LUBOVICH, City Attorney ANGELA HOOVER, City Clerk R:\Legal\Legal\Resolutions\Community Development\Resolution - Annexation Exception -12-16-19 Track Changes.doc To: City Council From: Vicki Grover, Civil Engineer, of Public Works and Utilities Date: December 30, 2019 Re: Public Works Director’s Recommendation for Request for Utility Services outside the City of Bremerton Limits: 2525 State Route 3 Request: The Applicant, Sitts & Hill Engineers, Inc, has requested City utility services for a proposed multifamily development at tax parcel number 4624-069-001-0002, which includes the address 2525 State Route 3. City Council’s Decision: Will City Council allow wastewater services to be extended to an area in the West Bremerton Urban Growth Area (2525 State Route 3) without requiring annexation? Pursuant to Bremerton Municipal Code (BMC) 15.03.040, “It is the general policy of the City of Bremerton that properties located outside the City limits annex into the City before wastewater utility services are provided to those properties. For the purpose of this section, "service" means extensions of and/or service connections to City wastewater utilities to property located outside City limits. The City Council may, in its sole and absolute discretion, provide wastewater utility services to properties outside of the City limits if certain conditions are met. The exceptions for the Council to allow wastewater utility services without annexation are: • Annexation is not feasible or • Failed Septic System DEPARTMENT OF PUBLIC WORKS & UTILITIES MEMORANDUM ⚫ Page 2 Department of Community Development (DCD) Analysis of Annexation: Pursuant to Bremerton Municipal Code (BMC) 15.03.040 when an owner of a property located outside the City limits request extension of utility service, the City Council may provide wastewater utility services to those properties if annexation is not feasible. This portion of this document summarizes why annexation for Tax Parcel 4624-069-001-0002 (the subject parcel) is not feasible at this time. To the left is a screenshot of Kitsap County Parcel Search for potential annexation request for 2525 State Route 3; the subject parcel is outlined in Red. The dark tan area is City of Bremerton city limits, and the light tan is Kitsap County jurisdiction. Per State Law and Kitsap Countywide Planning Policies, the City may annex property if it is contiguous to City of Bremerton limits. As the subject property is not contiguous to the City limits, the City could not annex this property alone. To make annexation possible, more property would need to be included into the annexation area to make this area contiguous to the City of Bremerton limits. When reviewing a larger possible annexation area (as shown in the purple dash-marks in the picture above), annexation analysis using the Petition Method of Annexation was performed. This commonly used annexation method requires the signatures of property owners representing 60% of the total assessed property value of the area to be in support of the proposed for annexation. This proposed annexation area does not have the required 60% of the total assessed property value as illustrated here: • Proposed Area includes: o ~175 acres; o 408 parcels; o With an Assessed Property Value of $61,410,920 ⚫ Page 3 • 60% of the total Property Value needed to finalize the process = $36,846,552 • With this subject property in support of annexation, there are currently 76 properties that support annexation (through outside utilities agreements) with the City for approximately $33,360,700, o This equates to 54% of the total assessed value of this area is in support of annexation. An additional $3.5million of total assessed property value is required for this annexation to be successful. Therefore, as currently proposed, if the City received a Petition to Annex from the property owner at 2525 State Route 3, this request may not be successful as the City does not currently have the support of 60% of the total assessed p roperty values for the properties proposed to be annexed. With the requester petitioning the City to annex, the City would have 54% of the total assessed property values in the area proposed to be annexed. Public Work’s Recommendation: As demonstrated in the DCD’s Annexation Analysis, additional properties are needed to support annexation of this area. To require a property owner to gather the support of their neighboring p roperties of over $3.5million may be onerous. As such, City Staff finds that annexation at this time is not feasible and recommends that City Council allow an extension of wastewater utility services for 2525 State Route 3 without annexation. AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: January 8, 2020 Contract Modification Agreement No. 3 with Rice Fergus Miller, Inc. to provide Bid Specifications for Removal/Disposal of Hazardous Materials at Fire Stations No. 2 and 3 COUNCIL MEETING Date: January 15, 2020 Department: Public Works & Utilities Presenter: Tom Knuckey Phone: 360-473-2376 SUMMARY: On October 17, 2018 the city executed a Professional Services Agreement with Rice Fergus Miller, Inc. to design an interior remodel of Fire Stations No. 2 and No. 3. Contract Modification No. 1 was executed on June 10, 2019 for additional structural engineering and design work, per city DCD for required egress. Contract Modification No. 2 was to complete a Hazardous Material Inspection and Report for each Fire Station which is required before final design plans and permits can be completed. This proposed Contract Modification No. 3 is to provide bid specifications for removal/disposal of Hazardous Materials identified in the previous reports for each station. ATTACHMENTS: 1) Contract Modification Agreement No. 3; 2) AIA Document G803 Amendment to the Professional Services Agreement FISCAL IMPACTS (Include Budgeted Amount): Fund are available for this Modification Agreement within the Fire Public Safety Bond Fund 316 budget of $981,531.00. The total cost of the design increase is approximately $118,000.00 and can be absorbed within the existing budget. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the Contract Modification Agreement No. 3 for specifications for removal/disposal of Hazardous Materials with Rice Fergus Miller, Inc. 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 A9