HomeMy WebLinkAbout02/26/2020 STUDY SESSION PACKET______________________________________________________________
CITY COUNCIL 345 6th Street, Suite 100, Bremerton, WA 98337 Phone (360) 473-5280
* * * A M E N D E D * * *
FEBRUARY 26, 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 March 4, 2020 Council Meeting Agenda:
A. BRIEFINGS ON AGENDA ITEMS
1. Water Quality Combined Financial Assistance Agreement with the State of Washington
Department of Ecology for the Ostrich Bay Creek Retrofit Construction Stormwater
Treatment Project Item pulled...
2. Professional Services Agreement with Confluence Engineering Group, LLC for Iron and
Manganese Evaluation and Control Study
3. Professional Services Agreement with Confluence Engineering Group, LLC for Risk and
Resiliency Assessment; and Water System Plan Update Support
4. 2020 Transportation Grants Application Overview - Shane Weber, Managing Engineer
5. Briefing on 2021-2025 Community Development Block Grant/HOME Consolidated Plan –
Sarah Achaoui, CDBG Program Administrator
6. Contract Modification Agreement No. 3 to the Professional Services Agreement with
CodePros, LLC for Supplemental Building Department Services; Professional Services
Agreement for Structural Engineering Plan Review; and Budget Adjustment
7. Amendment No. 1 to Master Services Agreement with CivicPlus for Website Services
8. Renewal of 2020 Excess Liability Insurance with Vantapro Speciality Insurance Company;
and Excess Workers' Compensation Insurance with Midwest Employers Casualty Company,
an underwriting company under W.R. Berkley Corporation
9. Ordinance No. 5394 amending Chapter 2.28 of the Bremerton Municipal Code entitled
“Equal Employment Opportunity Program”
B. GENERAL COUNCIL BUSINESS
o Public Works Committee Briefing (02/18/20 Meeting) – Chair Kevin Gorman
o Finance & Parking Committee Briefing (02/25/20 Meeting) – Chair Michael Goodnow
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
Study Session Date: February 26, 2020
SUBJECT:
Water Quality Combined Financial
Assistance Agreement with the State of
Washington Department of Ecology for
the Ostrich Bay Creek Retrofit
Construction Stormwater Treatment
Project
COUNCIL MEETING Date: March 4, 2020
Department: PW&U
Presenter: Chance Berthiaume
Phone: (360) 473-5929
SUMMARY: This grant will fund the project to improve stormwater quality in Ostrich Bay
Creek through the installation of 15 Linear Modular Wetland Systems (MWS) at multiple
locations in the area of Kitsap Way, Bruenn Ave, and Autocenter Way. MWS treatment
systems treat runoff for total suspended solids (TSS), dissolved copper, dissolved zinc, and
total phosphorus, and provide flow control.
ATTACHMENTS: Washington State Department of Ecology Water Quality Program Grant
Agreement No. WQC-2020-BremPW -00133 - Ostrich Bay Creek Stormwater Treatment
Construction, project summary, and project map
FISCAL IMPACTS (Include Budgeted Amount): The project is budgeted for construction in 2020
for $1,700,000. The grant provides $802,367.00 with a City match of $267,455.67 from the
Stormwater Utility Fund 484. The cost difference is a result of anticipated increases for MWS
treatment systems.
STUDY SESSION AGENDA: ☒Limited Presentation ☐Full Presentation
STUDY SESSION ACTION: ☐ Consent Agenda ☐General Business ☐Public Hearing
RECOMMENDED MOTION:
Move to approve the Water Quality Program Grant Agreement with the Washington State
Department of Ecology; 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
A1Item pulled
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Professional Services
Agreement with Confluence Engineering
Group, LLC for Iron and Manganese
Evaluation and Control Study
Study Session Date: February 26, 2020
COUNCIL MEETING Date: March 4, 2020
Department: Public Works & Utilities
Presenter: Cami Apfelbeck
Phone: (360) 473-2315
SUMMARY: The City of Bremerton water utility has experienced periodic customer complaints and
operational challenges related to discolored water from the accumulation of iron and manganese in
the system. Though these metals are naturally-occurring and primarily a nuisance, causing staining
and unpleasant odors and taste, excessive levels of these metals may be harmful. Further, regulated
contaminants such as arsenic and lead, which are particularly harmful to human health, may attach
to iron and manganese solids and resuspend in the water during high flow conditions.
The objective of this study is to quantify the occurrence of iron and manganese from source (surface
and groundwater), through treatment and storage, and throughout the distribution system during both
normal operations and high flow events such as system flushing. This work will review existing data,
develop and implement a monitoring plan to fill data gaps, and use resulting monitoring data to
develop a set of recommended treatment and/or operational measures to minimize iron and
manganese accumulation.
ATTACHMENTS: 1) Project Summary; 2) Professional Services Agreement with Confluence
Engineering Group, LLC
FISCAL IMPACTS (Include Budgeted Amount): $100,000 from the Water Utility Operations
Budget; no budget additions or changes required.
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 between the City of Bremerton and
Confluence Engineering Group, LLC; 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
Iron and Manganese Evaluation and Control Study
Cami Apfelbeck, Water Utility Manager
February 18, 2020
Basis for project: The City of Bremerton water utility has experienced periodic customer complaints
and operational challenges related to discolored water from the accumulation of iron and manganese in
the system. Though these metals are naturally-occurring and primarily a nuisance causing staining and
unpleasant odors and taste, excessive levels of these metals may be harmful. Further, regulated
contaminants like arsenic and lead that are particularly harmful to human health may attach to iron and
manganese solids and resuspend in the water during high flow conditions.
Iron bacteria also use manganese in their growth. Manganese deposits build up in tanks, filters, and in
distribution system pipes creating areas for bacteria to multiply. These bacteria are difficult to kill with
conventional chlorination, as the manganese deposits provide a “shelter” for them. The chlorine reacts
with the manganese and is used up before it gets a chance to kill the bacteria.
Discolored water from iron or manganese accumulation is often observed when flushing the distribution
system. (See Figure 1 and Figure 2 below.)
Figure 1 Figure 2
Project Description: The objective of this study is to quantify the occurrence of iron and manganese
from source (surface and groundwater), through treatment and storage, and throughout the distribution
system during both normal operations and special events such as system flushing. This work will review
existing data, develop and implement a monitoring plan to fill data gaps, and use resulting monitoring
data to develop a set of recommended treatment and/or operational measures to minimize iron and
manganese accumulation.
Project location: City of Bremerton drinking water facilities and throughout the distribution system.
Bid Solicitation: IAW BMC 2.76.060, the City selected Confluence Engineering Group, LLC based upon
recognized experience and knowledge within this specialized area of expertise and upon proven
performance providing similar services to the City in the past.
Amount: $100,000 (including tax)
Fund: Water Utility Operations Budget (534.5134 54110).
Project deadline: Project to be completed by December 31, 2020.
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Professional Services
Agreement with Confluence Engineering
Group, LLC for Risk and Resiliency
Assessment; and Water System Plan
Update Support
Study Session Date: February 26, 2020
COUNCIL MEETING Date: March 4, 2020
Department: Public Works & Utilities
Presenter: Cami Apfelbeck
Phone: (360) 473-2315
SUMMARY: This contract provides for additions to the water quality regulatory compliance chapter of
the water system plan update and the completion of a risk and resiliency assessment, both
regulatory mandates. WAC 246-290-100 requires a water system plan to be updated every 6-10
years. The update currently in progress updates the 2012 Water System Plan. Due to anticipated
regulatory changes, recent and upcoming operations and distribution system studies, and anticipated
main system and West 517 Zone system consolidation, additional updates to the water system plan
are necessary.
The America’s Water Infrastructure Act of 2018 requires public water systems to complete a Risk and
Resiliency Assessment (RRA). The City must submit certification of RRA completion to the EPA by
December 31, 2020.
ATTACHMENTS: 1) Project Summaries; 2) Professional Services Agreement
FISCAL IMPACTS (Include Budgeted Amount): $115,000 from the Water Utility Capital Budget;
no budget additions or changes required.
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 between the City of Bremerton and
Confluence Engineering Group, LLC; 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
Risk and Resiliency Assessment
Cami Apfelbeck, Water Utility Manager
February 18, 2020
Basis for project: The America’s Water Infrastructure Act (AWIA) was signed into law on October 23,
2018, replacing the 2002 Public Health Security and Bioterrorism Response Act, and modifying several
sections of the Safe Drinking Water Act. Among other changes and additions, AWIA requires community
water systems that serve greater than 3,300 people to conduct a Risk and Resiliency Assessment (RRA)
for all natural hazards and malevolent acts.
Project Description: The RRA must assess:
• Pipes/conveyances, source water, water collection/intake, pretreatment, treatment, storage and
distribution,
• Monitoring practices,
• Use, storage or handling of chemicals,
• Operations and maintenance,
• Electronic, computer or other automated systems (including security),
• Financial infrastructure, and
• May include capital and operational needs for risk management
Project location: City of Bremerton.
Bid Solicitation: IAW BMC 2.76.060, the City selected Confluence Engineering Group, LLC based upon
recognized experience and knowledge within this specialized area of expertise.
Amount: $100,000 (including tax)
Fund: Water Utility Capital Budget.
Project deadline: Certification of RRA completion must be submitted to the EPA by December 31, 2020.
The RRA must be reviewed, modified if necessary, and recertified every 5 years, thereafter.
Water System Plan Update Support
Cami Apfelbeck, Water Utility Manager
February 18, 2020
Basis for project: IAW WAC 246-290-100, the City of Bremerton water utility is required to update its
water system plan every 6-10 years. As part of the current update, Confluence Engineering Group, LLC,
was contracted to update the water quality regulatory compliance chapter of the plan and all associated
monitoring plans. Confluence completed a significant portion of this work in 2019. However, recent
activities detailed below require additional modifications.
Anticipated regulatory changes:
• The Washington State Board of Health is revising its Group A Rule to set a standard for Poly- and
Perfluoroalkyl Substances (PFAS), establish criteria for setting state action levels for
contaminants without an established maximum contaminant level, add monitoring requirements
for several contaminants with state actions levels, and define corrective actions, public noticing,
and record-keeping requirements.
• The EPA is revising the Lead and Copper Rule to establish a lead trigger level, require lead
service line inventories and service line replacement timelines, add additional public notification
requirements, require public water systems to sample in schools and daycare centers, and modify
sampling procedures.
Operations and distribution water quality studies:
• In 2018, the EPA directed state primacy agencies (Washington State Department of Health) to
provide stricter oversight and assessment of the Lead and Copper Rule corrosion control
measures. As such, public water systems are required to reassess existing pH and alkalinity
optimal values and establish stricter values where appropriate. The City completed this work and
obtained approval of new optimal values in 2019.
• In 2020, the City plans to conduct an Iron and Manganese Evaluation and Control Study to
quantify the occurrence of iron and manganese in the system and develop appropriate control
methods.
Anticipated consolidation of the system:
• The Washington State Department of Health informed the City that it intends to inactivate the
West 517 Zone as an independent water system and consolidate it with the City’s Main System.
This will result in changes in water quality regulatory compliance requirements.
Project Description: The objective of this additional work is to provide updates to the water quality
regulatory compliance chapter of the water system plan to address required and/or anticipated changes
due to the activities described above.
Project location: City of Bremerton water system.
Bid Solicitation: IAW BMC 2.76.060, the City selected Confluence Engineering Group, LLC, based
upon recognized experience and knowledge within this specialized area of expertise and upon proven
performance providing similar services to the City in the past.
Amount: $15,000 (including tax).
Fund: Water Utility Capital Budget.
Project deadline: Project to be completed upon DOH’s approval of the 2019 Water System Plan update.
Page 1 of 16
Bremerton/Confluence Engineering Group LLC
Risk and Resiliency Assessment and Water System Plan Update Support
Rev. 11/2019
PROFESSIONAL SERVICES AGREEMENT
Risk and Resiliency Assessment and Water System Plan Update Support
The City of Bremerton (“City”) and Confluence Engineering Group, LLC (“Consultant”),
referred to collectively as the “Parties,” enter into the following Agreement for professional
services:
I. Scope: The Consultant agrees to perform the services more specifically described in the
Scope of Work, dated February 6 (Water System Plan Update) and February 7 (Risk and Resiliency
Assessment), 2020, 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 the tasks described in
Exhibit A immediately upon execution of this Agreement. The parties agree that the work
described in Exhibit A is to be completed as provided for in the work schedule provided also in
Exhibit A; provided however, that additional time shall be granted by the City for excusable delays
or extra work as provided for in Section IX.A of this agreement.
III. Compensation: In consideration of the services provided pursuant to this Agreement, the
City shall pay Consultant in an amount not to exceed $115,000.00. Consultant’s charges and bills
shall conform to the fee schedule attached hereto as Exhibit B and incorporated herein by this
reference.
The Consultant shall submit regular billing statements detailing work performed and
amount charged on each task or portion thereof. The descriptions shall conform to and fall within
the categories set out in the Scope of Work and/or Fee Schedule. Upon receipt of a conforming
billing statement, the City shall promptly process payment. PROVIDED, HOWEVER, the City
reserves the right to prioritize scoped work and accelerate and/or delay work tasks under the time
frame set forth in Section II herein. The Consultant's labor rates and billing fees shall be as
delineated in Exhibit B.
Consultant shall not perform work beyond the Scope of Work, nor shall be compensated
for such work, unless the Scope of Work or amount of compensation is modified pursuant to this
Agreement. Consultant shall only be compensated for additional services if requested pursuant to
Section I and, if not otherwise provided, such compensation shall be in accordance with Exhibit
B.
If a billing statement does not conform to this Agreement, the City may withhold payment
until the statement is brought into compliance. Such withholding does not relieve Consultant of
its obligations under this Agreement.
Page 2 of 16
Bremerton/Confluence Engineering Group LLC
Risk and Resiliency Assessment and Water System Plan Update Support
Rev. 11/2019
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. The
City may, during the term of this Agreement, engage other independent Consultants to perform
the same or similar work.
As an independent Consultant, Consultant is responsible for its own management. The
City’s administration and enforcement of this Agreement shall not be deemed an exercise of
managerial control over Consultant or its personnel.
As an independent Consultant, Consultant is responsible for payment of all taxes and
licensing fees necessary to perform its obligations under this Agreement. These taxes and fees
include but are not limited to State industrial insurance, Business & Occupation, State professional
licensing, and City business licensing. If any taxes or fees due the City have been declared
delinquent, the City may withhold the delinquent amount, plus any additional charges arising from
the delinquency, from any payments due Consultant.
V. Indemnification:
A. Consultant shall defend, indemnify and hold the City, its officers, officials,
employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or
suits, including all legal costs and attorney fees, arising out of or in connection with the
performance of this Agreement except for that portion of the injuries and damages caused by the
City’s sole negligence, unless Consultant is conducting work pursuant to Subsection B below.
The City's review or acceptance of any of the work when completed shall not be grounds
to avoid any of these covenants of indemnification.
B. Architects, Engineers and Any Other Professional Listed In and Performing
Services Defined in RCW 4.24.115. Should a court of competent jurisdiction determine that
Consultant’s services provided pursuant to this Agreement is subject to RCW 4.24.115, then, in
the event of liability for damages arising out of bodily injury to persons or damages to property
caused by or resulting from the concurrent negligence of the Consultant and the City, its officers,
officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to
the extent of the Consultant's negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER
OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE
Page 3 of 16
Bremerton/Confluence Engineering Group LLC
Risk and Resiliency Assessment and Water System Plan Update Support
Rev. 11/2019
PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE
THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER.
The provisions of this section shall survive the expiration or termination of this Agreement.
VI. Insurance: The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which may arise from or in
connection with the performance of the work hereunder by the Consultant, its agents,
representatives, employees, sub-consultants or sub-contractors.
Before beginning work on the project described in this Agreement, the Consultant 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 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; and
3. Excess Liability insurance with limits not less than $1,000,000 limit per
occurrence and aggregate; and
4. Professional Liability insurance with limits no less than $1,000,000 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 (if required), which may be provided on a “claims-made” basis.
The City shall be named as an additional insured on the Commercial General Liability
insurance policy, as respects work performed by or on behalf of the Consultant and a copy of an
endorsement that is acceptable to the City, which names the City as an additional insured shall be
attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of
all the required insurance policies and endorsements. The City further reserves the right to reject
any unacceptable policies and/or endorsements.
The Consultant's Commercial General Liability insurance shall contain a clause stating that
coverage shall apply separately to each insured against whom claim is made or suit is brought,
except with respects to the limits of the insurer's liability.
Page 4 of 16
Bremerton/Confluence Engineering Group LLC
Risk and Resiliency Assessment and Water System Plan Update Support
Rev. 11/2019
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 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.
In the event that the Consultant employs other consultants or contractors (sub-consultants
or sub-contractors) as part of the work covered by this Agreement, it shall be the Consultant’s
responsibility to require and confirm that each sub-consultant or sub-contractor meets the
minimum insurance requirements specified above. The Consultant shall, upon demand of the City,
deliver to the City copies of such policy or policies of insurance and the receipts for payment of
premiums thereon.
VII. General Conditions:
A. Reports and Information: When requested by the City, Consultant shall furnish
periodic reports and documents on matters covered by this Agreement. The reports and documents
shall be furnished in the time and form requested. Consultant shall maintain accounting records
in accordance with Generally Accepted Accounting Principles (“GAAP”) to substantiate all billed
amounts.
B. Ownership and Use of Records and Documents: Original documents, drawings,
designs and reports, including those in electronic format, developed under this Agreement are the
property of the City. All written information submitted by the City to the Consultant in connection
with the services performed by the Consultant under this Agreement will be safeguarded by the
Consultant to at least the same extent as the Consultant safeguards like information relating to its
own business. If such information is publicly available or is already in Consultant's possession or
known to it, or is rightfully obtained by the Consultant from third parties, Consultant shall bear no
responsibility for its disclosure, inadvertent or otherwise.
All data, documents and files created by Consultant under this Agreement may be stored
at Consultant's office in Seattle, Washington. Consultant shall make such data, documents, and
files available to the City upon its request at all reasonable times for the purpose of editing,
modifying and updating as necessary until such time as the City is capable of storing such
information in the City's offices. Duplicate copies of this information shall be provided to the City
upon its request, and at reasonable cost.
All documents, including all reports, drawings, specifications, computer software or other
items prepared or furnished by Consultant pursuant to this Agreement, are instruments of service
Page 5 of 16
Bremerton/Confluence Engineering Group LLC
Risk and Resiliency Assessment and Water System Plan Update Support
Rev. 11/2019
with respect to the project and are the property of the City. Any reuse by the City for other than
the specific purpose intended will be at City’s sole risk.
C. Use of Photographs and Images. Consultant shall not use or distribute photographs
or images depicting City officials, personnel, property, or equipment whether prepared by
Consultant or provided by City without prior written consent of the City. The City will not
unreasonably withhold its consent.
D. Work Performed at Consultant's Risk: Consultant shall take all precautions
necessary and shall be responsible for the safety of its employees, agents, and sub -consultants in
the performance of the work hereunder and shall utilize all protection necessary for that purpose.
All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss
of or damage to materials, tools, or other articles used or held for use in connection with the work.
E. Place of Work: The Consultant shall perform the work authorized under this
Agreement at its offices in Seattle, Washington, and at appropriate City facilities. 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 1st 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:
Attn: Water Utility Manager Attn: Melinda Friedman, President
City of Bremerton Confluence Engineering Group, LLC
100 Oyster Bay Ave N 517 NE 92nd Street
Bremerton, WA 98312 Seattle, WA 98115
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.
Page 6 of 16
Bremerton/Confluence Engineering Group LLC
Risk and Resiliency Assessment and Water System Plan Update Support
Rev. 11/2019
K. Non-Waiver of Breach: The failure of the City to insist upon strict performance of
any of the covenants and agreements contained herein, or to exercise any option herein conferred
in one or more instances shall not be construed to be a waiver or relinquishment of said covenants,
agreements or options, and the same shall be and remain in full force and effect.
L. Compliance with Laws: Consultant shall comply with all applicable Federal, State,
and local laws in performing its obligations under this Agreement.
M. Choice of Law and Venue: This Agreement shall be interpreted according to the
laws of the State of Washington. Any judicial action to resolve disputes arising out of this
Agreement shall be brought in Kitsap County Superior Court.
N. Attorneys’ Fees: In the event of litigation to enforce any of the terms or provisions
herein, each party shall pay all its own costs and attorney’s fees.
O. Assignment: Any assignment of this agreement by the 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 shall remain in force until completion and acceptance of
the services, terminated by written instrument upon mutual consent, or by the City of Bremerton
for convenience. 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 thirty (30)
days of the terminating Party’s sending notice to the non-performing Party. Any Notice by
Consultant shall include a report showing the status of all items listed in the Scope of Work current
through the termination date.
If the City receives reimbursement by any federal, state, or other source for work described
in Section I herein, and that funding is withdrawn, reduced or limited in any way, or the project is
cancelled or substantially reduced after the execution date of this Agreement and prior to the
completion of the work, the City may summarily terminate this Agreement.
A. Excusable Delays: The right of Consultant to proceed shall not be terminated nor
shall Consultant be charged with liquidated damages for any delays in the completion of the work
due to: 1) any acts of the federal government in controlling, restricting, or requisitioning materials,
equipment, tools, or labor by reason of war, national defense, or other national emergency; 2) any
acts of the City, its consultants, or other public agencies causing such delay; and 3) causes not
reasonably foreseeable by the parties at the time of the execution of the Agreement that are beyond
the control and without the fault or negligence of the Consultant, including, but not restricted to,
acts of God, fires, floods, strikes, or weather of unusual severity. PROVIDED, HOWEVER, that
the Consultant must promptly notify the City within ten (10) calendar days in writing of the cause
Page 7 of 16
Bremerton/Confluence Engineering Group LLC
Risk and Resiliency Assessment and Water System Plan Update Support
Rev. 11/2019
of the delay. If, on the basis of the facts and the terms of this Agreement, the delay is properly
excusable, the City shall, in writing, extend the time for completing the work for a period of time
commensurate with the period of excusable delay.
B. Rights Upon Termination: In the event of termination, the City shall pay for all
services performed by the Consultant to the effective date of termination, as described on a final
invoice submitted to the City. After termination, the City may take possession of all records and
data within the Consultant's possession pertaining to this project which may be used by the City
without restriction. Any such use not related to the project which Consultant was contracted to
perform shall be without liability or legal exposure to the Consultant.
X. Suspension & Debarment. For contracts involving Federal funding, Consultant hereby
certifies, by signing this agreement, that neither it nor its principals are presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation
in this transaction by any Federal department or agency. Consultant shal l provide immediate
written notice to the City if at any time it learns that it is or has become ineligible for certification.
Should Consultant enter into a covered transaction with another firm, Consultant agrees by signing
this agreement that it will verify that the firm with whom it intends to do business is not debarred,
suspended, ineligible, excluded or disqualified.
IN WITNESS WHEREOF, the parties below have executed this Agreement.
CITY: CONSULTANT:
CITY OF BREMERTON CONFLUENCE ENGINEERING
GROUP, LLC
By: By:
Print Name: Greg Wheeler Print Name: Melinda Friedman
Its: Mayor Its: President
Date: Date:
APPROVED AS TO FORM: ATTEST:
By: By:
Roger A. Lubovich, Bremerton City Attorney Angela Hoover, City Clerk
R:\Legal\Legal\Forms\FORMS ON COBWEB\Professional Services Agreement Rev. 10 2019.docx
Page 8 of 16
Bremerton/Confluence Engineering Group LLC
Risk and Resiliency Assessment and Water System Plan Update Support
Rev. 11/2019
EXHIBIT A
City of Bremerton
Water System Plan Update – Continued Chapter 4 Assistance
Scope of Work
Background
The City of Bremerton (City) is in the process of updating their Water System Plan.
Confluence’s role in the update has been to assist the City with the Chapter 4, Water Quality
Regulatory Compliance, and the City’s monitoring plans. This scope of work presents the work
needed to finalize the Chapter 4 update and the associated monitoring plans for the City’s main
system and the West 517 Zone water system. The update started under the previous contract in
2019.
Scope of Work – Water System Plan, Chapter 4 Update
Task 1 – Project Management
This task involves organizing and managing the project to fulfill the project objectives described
in the Scope of Work. This includes coordinating and communicating with the City, managing
the project team, budget and schedule, preparing monthly progress reports and invoices, and
conducting quality control (QC) reviews of project deliverables.
Task 2 –Update Chapter 4 and Associated Monitoring Plans
Finalize the Chapter 4 update and the associated monitoring plans for the City’s main system and
the West 517 Zone water system including the following subtasks:
2.1 Review of existing Chapter 4 and monitoring plans – complete
2.2 Review compliance data – complete
2.3 Update existing monitoring plans
Continue work on updating City’s monitoring plans as needed for the two water
systems. Incorporate the recently designated Optimal Water Quality Parameters
(OWQPs).
2.4 Update Chapter 4 titled Water Quality Regulatory Compliance of the Water System Plan
Continue work on updating Chapter 4 of the water system plan. Specifically,
remaining items include incorporating the recently designated OWQPs, proposed
revisions to the Lead and Copper Rule (published in November 2019), state rule on
PFAS/PFOA compounds (proposed rule published in November 2019), and
discussion on the potential consolidation of the two systems.
2.5 Provide recommendations for future Chapter 4 -related projects.
2.6 Address City’s comments on Draft Chapter 4 and associated monitoring plans.
2.7 Address DOH’s comments on the Draft Chapter 4 and associated monitoring plans.
Page 9 of 16
Bremerton/Confluence Engineering Group LLC
Risk and Resiliency Assessment and Water System Plan Update Support
Rev. 11/2019
Assumptions:
Review and updates are for Bremerton Main System and W517 systems only and
include existing monitoring plans. The monitoring plan update does not include the
potential consolidation of the West 517 zone into the City’s main system or obtaining
approvals for new monitoring plans.
Planning horizon covers 2019-2029.
No in person meetings with City or DOH.
City will authorize additional funds if mutually determined necessary, to adequately
complete Ch. 4 update.
Estimated Schedule:
The schedule for submitting the deliverables to the City:
First draft of Chapter 4 and the monitoring plans by March 31, 2020.
Revised deliverables within 3 weeks from receiving comments from the City.
Revised deliverables within 6 weeks from receiving comments from DOH.
Page 10 of 16
Bremerton/Confluence Engineering Group LLC
Risk and Resiliency Assessment and Water System Plan Update Support
Rev. 11/2019
City of Bremerton
Risk and Resiliency Assessment
Scope of Work
Background
The City of Bremerton (City) must complete a Risk and Resiliency Assessment (RRA) by
December 31, 2020. This requirement was signed into law October 23, 2018 as part of America’s
Water Infrastructure Act (AWIA) of 2018, which modified the Safe Drinking Water Act. Under
this requirement, the City must certify the completion of its RRA to the US EPA, though the
assessment itself remains in City custody and control.
This Scope of Work (Scope) presents Confluence’s approach for assisting the City with the
development of its RRA, as required by Federal law. To complete this work and allow for
outcomes that are practical and reflect reality, Confluence will facilitate three (3) interactive
Workshops with City staff.
Scope of Work – Risk and Resiliency Assessment
Task 1 – Information Request
Objective
The objective of this task is to conduct a thorough information request to allow follow-on Scope
Tasks to be completed.
Activities
1. Prepare and submit a request for information to support completion of the RRA
Compliance Crosswalk (Task 2) and serve as source material for subsequent tasks.
Deliverables
1. Request for Information.
City’s Responsibilities
1. Coordinate responses from City departments for documents and deliver documents to
Confluence.
Page 11 of 16
Bremerton/Confluence Engineering Group LLC
Risk and Resiliency Assessment and Water System Plan Update Support
Rev. 11/2019
Task 2 – Crosswalk Review & Analysis
Objective
The objective of this Task is to evaluate existing documents the City may have already prepared
against the AWIA-RRA requirements. Where possible, current documents that meet elements of
new regulatory requirements will be identified and incorporated into the RRA by reference.
Activities
1. Review available documents for compliance with AWIA – RRA requirements. It is
anticipated that the City will have documents, plans, reports, and/or assessments from
previous efforts (the 2003 Vulnerability Assessment, a site-specific physical security
assessment, and/or IT Security assessments) that can be brought in by reference in the
summary report.
2. Prepare Technical Memorandum (TM).
Deliverables
1. A Draft and Final TM summarizing compliance with RRA requirements and identifying
areas of needed development will be provided.
City’s Responsibilities
1. Provide review and comment on the Draft TM.
Task 3– Set Goals and Define Critical Assets
Objective
This task will include a Team kickoff Workshop with the City. This Workshop will serve as a
Project Overview (Kick-off) for a wider City group and outline how the project will accomplish
specific tasks. During this workshop, Confluence will orient attendees on the rule, objectives of
the work, approach to completing the work, and summarize the requested support from City
staff. The Workshop will review and solidify City goals for the RRA and review and then
finalize a Critical Asset list.
Activities
1. Confluence will use the City’s 2003 Vulnerability Assessment as a starting point to develop
a preliminary list of critical assets.
2. Develop a DRAFT Agenda and presentation materials for the Workshop. Materials will
include all topics identified in the above Objectives. The DRAFT Agenda will be provided
to the City one week in advance and finalized following City comments.
3. Two Confluence staff will prepare for and facilitate the Workshop.
4. Collect and summarize feedback, concerns, questions and topics covered and develop
Workshop summary notes.
Page 12 of 16
Bremerton/Confluence Engineering Group LLC
Risk and Resiliency Assessment and Water System Plan Update Support
Rev. 11/2019
Deliverables
1. Workshop agenda and plan.
2. Facilitate the Workshop at City offices.
3. Workshop summary notes.
4. Develop a preliminary and final list of critical assets for incorporation into the RRA
document and for use in subsequent tasks.
City’s Responsibilities
1. Provide a venue and staff participation in Workshop.
2. Review and comment on the Workshop agenda.
3. Review and comment on Workshop summary notes.
4. Review and comment on preliminary list of critical assets identified for the RRA process.
Assumptions
1. It is assumed for this scoping that no more than 20 Critical Assets will be selected for this
RRA. It is anticipated that the critical asset list can be developed using existing materials,
finalized during the Workshop, and documented in Workshop summary notes.
Task 4 – Establish Critical Threat-Asset pairs.
Objective
Confluence will lead the process of defining malevolent and/or natural hazard threats that will be
considered relevant to the critical assets identified in Task 3 and confirmed during the Asset
Definition Workshop. Work will be conducted to narrow the focus of threat-asset pairs for more
detailed qualitative assessment. Efforts to complete this work will be supported by facilitating a
Workshop with City personnel.
Activities
1. Two Confluence staff will prepare for and facilitate the Workshop.
2. Assuming 20 Critical Assets are identified in Task 3, together with the 18 threats areas
listed in EPA’s VSAT Web 2.0 literature, up to 360 potential threat-asset pairs are
theoretically possible. Some threat-asset pairs are unrealistic, however. Based on locality
and industry experience, Confluence will propose a list of realistic, credible threat -asset
pairs for review, discussion and confirmation by the City during the Workshop.
3. Develop a DRAFT Agenda and presentation materials for the Workshop. Materials will
include categorized threat-asset pairs and suggested Critical threat-asset pairs for group
evaluation and selection. The DRAFT Agenda will be provided to the City one week in
advance and finalized following City review and comments.
4. The Workshop will be a facilitated review of the threat-asset pairs recommended for further
evaluation and a brief overview of those screened out. City personnel input will be solicited
to revise recommendations. The process will end with confirmation of the final threat-asset
pairs for assessment in Task 5.
5. Collect and summarize feedback and the finalized threat asset pairs list in Workshop
summary notes.
Page 13 of 16
Bremerton/Confluence Engineering Group LLC
Risk and Resiliency Assessment and Water System Plan Update Support
Rev. 11/2019
Deliverables
1. Develop a DRAFT Agenda and presentation materials for the Workshop.
2. Facilitate the Workshop at City offices.
3. Develop the finalized list of up to 20 critical threat-asset pairs for use in Task 5, together
with identified threat-asset pairs that are not moving forward for more analysis in
Workshop summary notes.
City’s Responsibilities
1. Provide a venue for and participation in the review, internal agreement and finalization of
up to 20 Critical Threat-Asset pairs in the Workshop.
Task 5 – Conduct the Qualitative Risk and Resilience Assessment
Objective
This task will perform the qualitative risk and resilience assessment for the identified critical
threat-asset pairs based on expert elicitation in the setting of a third facilitated Workshop.
Activities
1. Confluence will use the output from previous Tasks to develop a qualitative discussion
framework for use in the Workshop.
2. Develop a DRAFT Agenda and presentation materials for the Workshop. The DRAFT
Agenda will be provided to the City one week in advance and finalized following City
review and comments.
3. Two Confluence staff will prepare for and facilitate the Workshop.
4. Confluence will facilitate a stepwise discussion with City staff regarding each threat-asset
pair in order to qualitatively assess the risk associated with that pair. Outcomes will capture
how each critical threat-asset pair can adversely impact utility service considering the
consequences of the specific threat on the paired asset, a qualitative assessment of the
likelihood, and an exploration of mitigation strategies.
5. Collect and summarize feedback about how the threat-asset pair can affect utility resiliency
in Workshop summary notes.
Deliverables
1. Develop a DRAFT Agenda and presentation materials for the Workshop.
2. Facilitate the Workshop at City offices.
3. Develop a narrative summary defining how the threat-asset pair can affect utility resiliency,
in accordance with the information learned from the Workshop (this is a central part of the
final RRA document).
Page 14 of 16
Bremerton/Confluence Engineering Group LLC
Risk and Resiliency Assessment and Water System Plan Update Support
Rev. 11/2019
City’s Responsibilities
1. Provide a venue for the Workshop and allow the appropriate staff to participate in the
qualitative assessment of each Critical Threat-Asset pair.
Task 6 – Final RRA Report and Certification document
Objective
This Task will combine outcomes from all previous Tasks into a single RRA document. The
RRA document will include results from VSAT Web 2.0 platform with the Crosswalk Analysis,
and Qualitative Assessment and prepare the required Certification Document for the City to
submit to the US EPA.
Activities
1. Develop the RRA document that meets requirements of the 2018 AWIA.
2. Support the City’s requirement to submit a Certification Document to EPA before
December 31, 2020.
Deliverables
1. Develop a DRAFT RRA that summarizes all project work conducted.
2. Incorporate relevant comments and edits from the City on the DRAFT and create a
FINAL RRA.
City’s Responsibilities
1. Review the DRAFT RRA and provide comments and edits to Confluence.
2. Submit RRA Certification to US EPA.
Task 7– Project Management
Objective
Organize and manage the project to fulfill the project objectives described in this Scope of Work,
and coordinate all project activities with the City project manager.
Activities
1. Manage project team, budget and schedule.
2. Prepare monthly progress reports and invoices & regularly review project progress and
activities with the City project manager.
3. Conduct quality control (QC) reviews of project deliverables.
Deliverables
1. Monthly progress reports and invoices.
Page 15 of 16
Bremerton/Confluence Engineering Group LLC
Risk and Resiliency Assessment and Water System Plan Update Support
Rev. 11/2019
City’s Responsibilities
1. Review invoices and submit payment per contract terms.
Project Schedule
To ensure regulatory compliance, the work described in this Scope of Work will need to be
completed by December 31, 2020. Confluence recommends the following project timeline (to be
discussed and confirmed with the City project manager) resulting in timely RRA completion:
Notice to Proceed by March 30, 2020
Task 1 – Information Request provided to City by April 10, 2020; Received by April 30, 2020
Task 2 – Crosswalk Review & Analysis – Complete by May 15, 2020
Task 3 – Define Critical Assets– Complete by April 15, 2020 Workshop by April 30, 2020
Task 4 – Establish Critical Threat-Asset pairs – Complete in Workshop by May 15, 2020
Task 5 – Conduct the Qualitative Assessment – Complete in Workshop by June 15, 2020
Task 6 – DRAFT to City July 15, 2020; Complete by August 15, 2020
Page 16 of 16
Bremerton/Confluence Engineering Group LLC
Risk and Resiliency Assessment and Water System Plan Update Support
Rev. 11/2019
EXHIBIT B
Form Created 5/4/15
INFORMATION ONLY ITEM
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: 2020 Transportation Grants
Application Overview
Study Session Date: February 26, 2020
Presenter: Shane Weber
Phone: 360-473-2354
SUMMARY: Staff will provide a brief overview of the approach to grant application development for
2020. Grant programs that have call for projects in 2020 include: Transportation Improvement
Board’s Urban Arterial, Sidewalk and Complete Streets Programs, WSDOT’s Highway Safety
Improvement Program (HSIP), PSRC’s Surface Transportation Program STP, Community
Development Block Grant (CDBG) and WSDOT’s Safe Routes to Schools and Bike/Ped Programs.
HANDOUTS: Program / Grant List Added
STUDY SESSION AGENDA: ☐ No Presentation ☒ Full Presentation
A4
Updated
City of Bremerton
2020 Transportation Grants and Loans
Transportation Improvement Board (TIB)
Program funds high priority transportation projects to enhance the movement of people, goods and
services. The grant program requires a minimum 20% local match; funding is available January 2021.
· TIB Urban Arterial Program
o Projects: Quincy Square
o Approximate Cost: $1.8M
· TIB Urban Sidewalk Program
o Projects: Sidewalk Gaps (sidewalk for city construction of sidewalk improvements)
o Approximate Cost: ~$200K
PSRC Surface Transportation Program (STP)
Program funds projects that support regional and local centers and the corridors that server them. The
focus is on implementation of PSRC’s Vision 2040 Plan. The grant program requires a minimum of 13.5%
local match; funding is available 2023.
· Regional Competition (PSRC)
o Project: Lake Flora Connection to WSDOT’s SR3 Freight Corridor Project
o Approximate Cost: $4M
· Countywide Competition (KRCC)
o Project Priority #1: 6th Street Preservation Phase 3 (Naval to Warren, inc. signal
replacement at Veneta)
o Approximate Cost: $1.8M
o Project Priority #2: West Kitsap Way Planning Study (from SR3 to Chico)
o Approximate Cost: $600K
Highway Safety Improvement Program (HSIP)
Program funds critical safety related projects on federally classified roadways. The program requires a
10% match for all phases. If construction phase is authorized by April 30,2023, then this phase is eligible
for 100% grant funding. Funds available early 2021.
· Project: Burwell / SR304 Adaptive Signals & ITS
· Approximate Cost: $2M
· Project: 13th Street and Sylvan Way Pedestrian Safety Improvements; Callow/11th Left Turn
Improvements
o Approximate Cost: $1M to $2M
Community Development Block Grant (CDBG)
Program funds affordable housing, anti-poverty programs, and infrastructure development. The program
requires no match and is available late 2020 or early 2021.
· Projects: Sidewalk Gaps (sidewalk for city construction of sidewalk improvements)
o Approximate Cost: ~$100K
Pedestrian and Bicyclist Program
Funds projects that enhance safety and mobility for people who choose to walk or bike. There is typically
a local match but is currently undetermined. Program funding is on hold pending resolution to I-976.
· Projects: Naval Avenue Re-channelization (R/W & Construction Phases)
· Approximate Cost: $3M-$5M
Safe Routes to School Program
Funds projects that improve safety and mobility for children by enabling and encouraging walking/biking
to school. Program is for projects within two-miles of primary, middle and high schools (K-12). There is
typically a local match but is currently undetermined. Program funding is on hold pending resolution of I-
976.
· Project(s): Sidewalks/bike lanes (where appropriate) on: Almira (from Sylvan to Ivy), Sylvan (from
East of Monticola to Blueberry Park)
· Approximate Cost: ~$2M
Department of Defense / Office of Economic Adjustment
Funds projects for local agencies that benefit military installations and operations. The grant program
requires a 10% local match; funding is available mid-2020.
· Projects: NBK/Bremerton Commuter Study
· Approximate Cost: $750K
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Briefing on 2021-2025
Community Development Block Grant/
HOME Consolidated Plan
Study Session Date: February 26, 2020
COUNCIL MEETING Date: March 4, 2020
Department: DCD-CDBG
Presenter: Sarah Achaoui
Phone: (360) 473-5375
SUMMARY: The City is currently working on updating its Consolidated Plan. In compliance with the
U.S. Department of Housing and Urban Development (HUD) regulations (24 CFR Part 91), the City’s
plan is updated every 5 years. This plan will cover the period 2021-2025. The Consolidated Plan sets
priorities for the City’s Block Grant funding based on the Housing Market Analysis and Needs
Assessment, and sets goals and strategies toward those priorities. This plan will be submitted to
HUD on November 15, 2020. The current plan will expire on December 31, 2020.
ATTACHMENTS: Staff Memo, which includes links to community and agency surveys
FISCAL IMPACTS (Include Budgeted Amount): None. Block Grant is pass-through funding from
the Department of Housing and Urban Development. This presentation is for information only, no
action will be taken.
STUDY SESSION AGENDA: ☐ Limited Presentation ☒ Full Presentation
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION: None, this is for information only.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 01/02/2018
A5
To: Bremerton City Council
From: Sarah Achaoui, Community Development Block Grant Administrator
Date: February 13, 2020
Re: 2021-2025 Consolidated Plan
In compliance with the U.S. Department of Housing and Urban Development (HUD) regulations (found at
24 CFR Part 91), the Consolidated Plan is adopted and submitted every five years. The City of Bremerton and
Kitsap County entitlement grant programs, consisting of Community Block Grant (CDBG) and HOME Investment
Partnership (HOME) funds, implement this plan as a consortium. The Plan is a prerequisite to receiving federal
funds and also serves as the City’s and County’s application to HUD for such funds. The current plan will expire
December 31, 2020.
The City of Bremerton and Kitsap County Block Grant Programs began a joint planning process in late 2019 to
update the Consolidated Plan. The Consolidated Plan is an overall strategy for housing and community
development addressing the needs of primarily low- and moderate-income persons in Kitsap County and the City
of Bremerton. The Plan further guides the City in its consideration and appropriation of the money.
The 2021-2025 Consolidated Plan includes a Community Needs Assessment, Housing Market Analysis and
Strategic Plan. The planning process involved the assessment of current housing and population needs through
the analysis of available data; public meetings; an online survey; and consultations with service providers and
key stakeholders.
As part of the public outreach associated with the development of this plan, the City and the County have
developed a survey. There is one survey available for the public and one for agencies. We are looking for
feedback through these surveys to help guide the strategic planning process. The surveys can be found here:
https://www.surveymonkey.com/r/K3LYLKP For Public
https://www.surveymonkey.com/r/K3JPMJL For Agency
Please feel free to complete the survey and to pass the survey along to anyone who may be interested. The
more feedback the better to help us in this process. The City will be releasing its Strategic Plan in May, 2020 to
help guide the 2021 funding process. The Consolidated Planning process will take place throughout 2020 and
will culminate in adoption of this plan in November of 2020. This plan, plus the year 1 Action Plan will be due to
HUD on November 15, 2020.
Should you hav e any questions or concerns, please do not hesitate to contact me by email at
sarah.achaoui@ci.bremerton.wa.us or by phone at (360) 473-5375.
DEPARTMENT OF
COMMUNITY DEVELOPMENT
MEMORANDUM
City of Bremerton Community
Development Block Grant Program
2021-2025 CONSOLIDATED PLAN
What is the Consolidated Plan?
City of Bremerton Community Development Block Grant Program
Current Consolidated Plan Priorities –5 Years of Investment
City of Bremerton Community Development Block Grant Program
•Preservation of existing affordable housing, for households at or below 80% AMI. Including
Weatherization and Minor Home Repair.
•$235,350
•Increased economic opportunities for low-income individuals. Including microenterprise assistance and
job training programs
•$429,099
•Abatement of Slum and Blight. Including commercial rehabilitation and removal of blighted buildings
•$418,616
•Public Facilities. Including parks, sidewalks and curb ramps
•$470,746
Kitsap County has identified their own priorities around preservation of affordable housing, and construction or
acquisition of new housing, for households under 50% AMI, Increased economic opportunities for low-income
individuals, and provision of critical services to meet basic needs and promote long-term self-sufficiency.
CONSOLIDATED PLAN ACHIEVEMENTS
•The designated blight zone no longer meets the
criteria defined at RCW 35.81.050 and 24 CFR
570.208(F)(b)(1) for the first time since 1977.
•A total of 49 (out of 229 total) or 21% unique parcels
are experiencing one of the following conditions:
•5% are vacant
•16% are in deteriorating condition
•7% have depreciated in value
•5% are any combination of the variables above.
•This equals a percentage of 21% which is a drastic
change from the last designation because of the
change in depreciation alone. Between 2008-2015,
77% of the buildings had depreciated in value, from
2015-2019 that number changed to 7%.
CONSOLIDATED PLAN ACHIEVEMENTS
CONSOLIDATED PLAN ACHIEVEMENTS
CONSOLIDATED PLAN ACHIEVEMENTS
•3,624 lineal feet of
sidewalk to be
reconstructed
•8 intersections to
be equipped with
new ADA-
Compliant Curb
Ramps
CONSOLIDATED PLAN ACHIEVEMENTS
2016-2020 Consolidated Plan –Strategic Plan Goals
Increase economic opportunities: 184 individuals
Weatherization and Minor Home Repair for Rentals/Homeowners: 31 units
Job Training Assistance provided to homeless youth: 80 individuals
Rental Units Rehabilitated for homeless mentally ill: 12 units
Direct Financial Assistance to Homebuyers: 13 Homebuyers
Public Facility and Park Upgrades emphasizing ADA improvements, improvements to Women’s Domestic Violence Shelter, and Sidewalk/curb ramp repair/replacement
Complete accomplishment data not for 2020 projects as they have not yet been completed
Historical City CDBG and HOME Allocations
City of Bremerton Community Development Block Grant Program
$547,814
$498,335
$429,362
$208,231
City of Bremerton Community Development Block Grant Program
Over the past 5 years things have changed………
•Affordable Housing Crisis
•Social service needs are greater than ever
•Funding and Capacity challenges for capital projects
As a result….
Can’t target funding too narrowly in the Consolidated Plan-we need to have flexibility to respond to
changing conditions
CURRENT ISSUES
City of Bremerton Community Development Block Grant Program
Timely Expenditure of Funds
•Need to keep the money flowing in order to meet HUD’s expenditure deadlines.
•City was untimely in the last program year due to the large Quincy Square project and cannot be
untimely again or funds will begin to be removed.
Housing Affordability
•There is a great need for more affordable housing but there are many challenges
Capacity of Agencies to undertake CDBG-funded projects
•Capacity continues to be an issue with agencies receiving CDBG funding
CONSOLIDATED PLAN TIMELINE 2020
City of Bremerton Community Development Block Grant Program
January-March: Data gathering (surveys, consultations with cities and agencies, HUD provided data and
data from other studies/reports)
April-June: Setting priorities, Policy Plan and RFP’s, Public Hearing
July-Sept.: City of Bremerton Grant Application Cycle
Oct.-Nov.: Final Consolidated Plan & Year 1 Action Plan, Public Hearing
Nov. 15th, 2020: Plan due to HUD
Survey links
City of Bremerton Community Development Block Grant Program
Survey for Agencies, Service Providers, Housing Providers or Local Governments:
https://www.surveymonkey.com/r/5KX7Y9V
Survey for the Public
https://www.surveymonkey.com/r/57L6J6T
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: February 26, 2020
Contract Modification Agreement No. 3 to
the Professional Services Agreement with
CodePros, LLC for Supplemental Building
Department Services; Professional Services
Agreement for Structural Engineering Plan
Review; and Budget Adjustment
COUNCIL MEETING Date: March 4, 2020
Department: DCD
Presenter: Andrea L Spencer
Phone: (360) 473-5283
SUMMARY: CodePros, LLC has been providing building inspection and plan review services on an
on-call basis for the City of Bremerton since 2012. The contract was initiated to cover the
department’s overflow for plan review and inspection services when permit volumes are higher than
staff can process and when there are vacancies in DCD. Annually we contract with CodePros for
$24,999, and in years where there has been work overflow the City Council has authorized one-time
increases above this base amount.
DCD is experiencing a very high volume of permit submittals and inspections and is proposing to
amend the CodePros contract to increase the 2020 contracted amount to $150,000. This contract
modification allows the City to fulfill our requirements for permit plan review and inspections and
helps to prevent a backlog during this heavy volume time.
In addition to the contract for building department services, DCD is proposing an additional contract
with CodePros for structural engineering plan review. The work performed under this contract is paid
by permit applicants whose plans require review by a structural engineer (these are known as “pass
through costs”). The City’s fee schedule has established the fee structure for this, and applicants are
advised of the costs prior to submittal.
ATTACHMENTS:
Contract Modification 3 between the City of Bremerton and CodePros LLC for Supplemental
Building Department Services
New Professional Services Agreement between the City of Bremerton and CodePros LLC for
Structural Engineering Plan Review
FISCAL IMPACTS (Include Budgeted Amount): DCD building division budget has $50,000 set
aside for professional services. The two contracts total $250,000: 1) Supplemental Building
Department Services ($150,000) and 2) Structural Engineering Review ($100,000). The DCD
Building professional services budget will require an amendment to increase it from $50,000 to
$250,000. The City’s permit activity offsets the cost of this budget increase.
STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTIONS: 1) Move to amend the 2020 Community Development Building
Professional Services budget to increase from $50,000 to $250,000; and 2) Move to a) approve the
Code Pros, LLC Supplemental Building Department Services Contract Modification Agreement No. 3
to establish the 2020 compensation at $150,000; and b) authorize a new Professional Services
Agreement with CodePros LLC for Structural Building Plan Review in the amount of $100,000
annually and c) authorize the Mayor to finalize and execute the agreements with substantially the
same terms and conditions as presented.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 01/02/2018
A6
Updated
Supplemental Building Department Services
CodePros LLC
Contract Modification No. 3
2020 Budget Increase to $150,000
CONTRACT MODIFICATION #3
Bremerton/CodePros LLC
Supplemental Building Department Services 1
CONTRACT MODIFICATION AGREEMENT NO. 3
BETWEEN THE CITY OF BREMERTON AND
CodePros LLC
PROJECT Supplemental Building Department Services
CONSULTANT CodePros LLC
DATE
THIS CONTRACT MODIFICATION AGREEMENT SPECIFICALLY AMENDS THE
PROFESSIONAL SERVICES AGREEMENT (the "Contract") entered into between
the City of Bremerton and CodePros LLC on July 26, 2012 and previously modified on
February 24, 2014, and November 8, 2017.
All provisions in the Contract shall remain in full force and effect except as expressly modified by
this document.
For valuable consideration and by mutual consent of the parties, the modifications to the Contract are
as follows:
I.
Section I. Scope , is modified as follows: NO Change.
Section II. Term , is modified as follows: NO Change
Section III. Compensation, is modified as follows:
The City shall pay the Consultant an amount not to exceed Twenty-five Thousand Dollars
($25,000.00) in a calendar year with the exception of year 2017 in which the City shall pay
Consultant in an amount not to exceed Forty Thousand Dollars ($40,000), and 2020 in which
the City shall pay Consultant an amount not to exceed One-Hundred Fifty Thousand Dollars
($150,000) for additional hours as directed by the City.
Note:
The original contract amount was (2012): Twenty Thousand Dollars ($20,000.00)
Amended (2014): Twenty-four Thousand Nine Hundred Ninety-nine Dollars (24,999.00)
Amended (2017): Forty Thousand Dollars ($40,000) as a one-time increased amount.
Amended (2020): One-Hundred Fifty Thousand Dollars ($150,000).
Contracted amounts prior to 2020 have been spent in their entirety.
II.
Consultant accepts all requirements of this Contract Modification by endorsing below.
Consultant further agrees that this Contract Modification constitutes full and final settlement
CONTRACT MODIFICATION #3
Bremerton/CodePros LLC
Supplemental Building Department Services 2
of all of the Consultant’s claims for contract time and for all costs of any kind, including without
limitation, costs of delays related to any work either covered or affected by this Contract
Modification, claims related to on-site or home office overhead, or lost profits. This Contract
Modification does not limit the City’s right to bring a claim for past performance.
The undersigned consultant approves the foregoing Contract Modification as to the changes, if
any, in the contract price specified for each item, including any and all supervision costs and
other miscellaneous costs relating to the change in work, and as to the extension of time allowed,
if any, for completion of the entire work due to said Contract Modification.
This document will become a supplement of the contract and all provisions will apply hereto.
It is understood that this Contract Modification shall be effective when approved by the City of
Bremerton.
The parties whose names appear below warrant that they are authorized to enter into a contract
modification that is binding on the parties of this contract. In addition, Consultant warrants
that it has or will inform the surety of this change, and shall take appropriate action to modify
any bonds required under the contract to address this change.
IN WITNESS WHEREOF, the parties have executed this Contract Modification on the day and
year first written above.
CONSULTANT THE CITY OF BREMERTON
By By Greg Wheeler
Its Its Mayor
DATE: DATE:
APPROVED AS TO FORM: ATTEST:
Bremerton City Attorney City Clerk
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CodePros. LLC. Andrea L. Spencer
P.O. Box 185 Director of Community Development
Allyn, WA 98524 City of Bremerton
MBARTH@CODEPROSWA.COM 345 Sixth Street, Suite 600
360.801.0543_ _____ Bremerton, WA 98337
360-473-5283
Engineering Plan Review
CodePros LLC
New Professional Services Agreement
2020 Contract $100,000
Page 1 of 7
Bremerton/[Consultant]
[Project Name]
Rev. 11/2019
PROFESSIONAL SERVICES AGREEMENT
CodePros, LLC Structural Engineering Review
The City of Bremerton (“City”) and CodePros LLC (“Consultant”), referred to collectively
as the “Parties,” enter into the following Agreement for professional services:
I. Scope: The Consultant agrees to perform the services more specifically described in the
Scope of Work, dated February 18, 2020, 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: This agreement commences upon execution by the parties and shall continue
in full force and effect until terminated pursuant to Section IX of this agreement.
III. Compensation: In consideration of the services provided pursuant to this Agreement, the
City shall pay Consultant in an annual amount not to exceed One-hundred Thousand Dollars and
00/100 . Consultant’s charges and bills shall conform to the fee schedule attached hereto as Exhibit
B and incorporated herein by this reference.
The Consultant shall submit regular billing statements detailing work performed and
amount charged on each task or portion thereof. The descriptions shall conform to and fall within
the categories set out in the Scope of Work and/or Fee Schedule. Upon receipt of a conforming
billing statement, the City shall promptly process payment. PROVIDED, HOWEVER, the City
reserves the right to prioritize scoped work and accelerate and/or delay work tasks under the time
frame set forth in Section II herein. The Consultant's labor rates and billing fees shall be as
delineated in Exhibit B.
Consultant shall not perform work beyond the Scope of Work, nor shall be compensated
for such work, unless the Scope of Work or amount of compensation is modified pursuant to this
Agreement. Consultant shall only be compensated for additional services if requested pursuant to
Section I and, if not otherwise provided, such compensation shall be in accordance with Exhibit
B.
If a billing statement does not conform to this Agreement, the City may withhold payment
until the statement is brought into compliance. Such withholding does not relieve Consultant of
its obligations under this Agreement.
IV. Relationship of Parties: Consultant represents that it is skilled in the matters addressed
in the Scope of Work and is performing independent functions and responsibilities within its field
of expertise. Consultant and its personnel are independent Consultants and not employees o f 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,
Page 2 of 7
Bremerton/[Consultant]
[Project Name]
Rev. 11/2019
including, but not limited to, compensation, insurance, and unemployment insurance are available
from the City to the employees, agents, representatives, or sub-consultants of the Consultant.
Consultant will be solely and entirely responsible for its acts and for the acts of Consultant's agents,
employees, representatives and sub-consultants during the performance of this Agreement. The
City may, during the term of this Agreement, engage other independent Consultants to perform
the same or similar work.
As an independent Consultant, Consultant is responsible for its own management. The
City’s administration and enforcement of this Agreement shall not be deemed an exercise of
managerial control over Consultant or its personnel.
As an independent Consultant, Consultant is responsible for payment of all taxes and
licensing fees necessary to perform its obligations under this Agreement. These taxes and fees
include but are not limited to State industrial insurance, Business & Occupation, State professional
licensing, and City business licensing. If any taxes or fees due the City have been declared
delinquent, the City may withhold the delinquent amount, plus any additional charges arising from
the delinquency, from any payments due Consultant.
V. Indemnification:
A. Consultant shall defend, indemnify and hold the City, its officers, officials,
employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or
suits, including all legal costs and attorney fees, arising out of or in connection with the
performance of this Agreement except for that portion of the injuries and damages caused by the
City’s sole negligence, unless Consultant is conducting work pursuant to Subsection B below.
The City's review or acceptance of any of the work when completed shall not be grounds
to avoid any of these covenants of indemnification.
B. Architects, Engineers and Any Other Professional Listed In and Performing
Services Defined in RCW 4.24.115. Should a court of competent jurisdiction determine that
Consultant’s services provided pursuant to this Agreement is subject to RCW 4.24.115, then, in
the event of liability for damages arising out of bodily injury to persons or damages to property
caused by or resulting from the concurrent negligence of the Consultant and the City, its officers,
officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to
the extent of the Consultant's negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER
OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE
PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE
THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER.
The provisions of this section shall survive the expiration or termination of this Agreement.
Page 3 of 7
Bremerton/[Consultant]
[Project Name]
Rev. 11/2019
VI. Insurance: The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which may arise from or in
connection with the performance of the work hereunder by the Consultant, its agents,
representatives, employees, sub-consultants or sub-contractors.
Before beginning work on the project described in this Agreement, the Consultant 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 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; and
3. Excess Liability insurance with limits not less than $1,000,000 limit per
occurrence and aggregate; and
4. Professional Liability insurance with limits no less than $1,000,000 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 (if required), which may be provided on a “claims-made” basis.
The City shall be named as an additional insured on the Commercial General Liability
insurance policy, as respects work performed by or on behalf of the Consultant and a copy of an
endorsement that is acceptable to the City, which names the City as an additional insured shall be
attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of
all the required insurance policies and endorsements. The City further reserves the right to reject
any unacceptable policies and/or endorsements.
The Consultant's Commercial General Liability insurance shall contain a clause stating that
coverage shall apply separately to each insured against whom claim is made or suit is brought,
except with respects to the limits of the insurer's liability.
The Consultant's insurance shall be primary and non-contributory insurance as respects the
City and shall contain a waiver of subrogation against the City for claims arising o ut 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
Page 4 of 7
Bremerton/[Consultant]
[Project Name]
Rev. 11/2019
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.
In the event that the Consultant employs other consultants or contractors (sub-consultants
or sub-contractors) as part of the work covered by this Agreement, it shall be the Consultant’s
responsibility to require and confirm that each sub-consultant or sub-contractor meets the
minimum insurance requirements specified above. The Consultant shall, upon demand of the City,
deliver to the City copies of such policy or policies of insurance and the receipts for payment of
premiums thereon.
VII. General Conditions:
A. Reports and Information: When requested by the City, Consultant shall furnish
periodic reports and documents on matters covered by this Agreement. The reports and documents
shall be furnished in the time and form requested. Consultant shall maintain accounting records
in accordance with Generally Accepted Accounting Principles (“GAAP”) to substantiate all billed
amounts.
B. Ownership and Use of Records and Documents: Original documents, drawings,
designs and reports, including those in electronic format, developed under this Agreement are the
property of the City. All written information submitted by the City to the Consultant in connection
with the services performed by the Consultant under this Agreement will be safeguarded by the
Consultant to at least the same extent as the Consultant safeguards like information relating to its
own business. If such information is publicly available or is already in Consultant's possession or
known to it, or is rightfully obtained by the Consultant from third parties, Consultant shall bear no
responsibility for its disclosure, inadvertent or otherwise.
All data, documents and files created by Consultant under this Agreement may be stored
at Consultant's office in Allyn, Washington. Consultant shall make such data, documents, and
files available to the City upon its request at all reasonable times for the purpose of editing,
modifying and updating as necessary until such time as the City is capable of storing such
information in the City's offices. Duplicate copies of this information shall be provided to the City
upon its request, and at reasonable cost.
All documents, including all reports, drawings, specifications, computer software or other
items prepared or furnished by Consultant pursuant to this Agreement, are instruments of service
with respect to the project and are the property of the City. Any reuse by the City for other than
the specific purpose intended will be at City’s sole risk.
C. Use of Photographs and Images. Consultant shall not use or distribute photographs
or images depicting City officials, personnel, property, or equipment whether prepared by
Page 5 of 7
Bremerton/[Consultant]
[Project Name]
Rev. 11/2019
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 Allyn, 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 1st 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:
Attn: Andrea Spencer_____ Attn: Mike Barth________
City of Bremerton________ CodePros, LLC_________
345 6th Street, Suite 100____ PO Box 185____________
Bremerton, WA 98337-1891 Allyn, WA 98524________
J. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a
waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be
deemed waiver of any other right or power.
K. Non-Waiver of Breach: The failure of the City to insist upon strict performance of
any of the covenants and agreements contained herein, or to exercise any option herein conferred
in one or more instances shall not be construed to be a waiver or relinquishment of said covenants,
agreements or options, and the same shall be and remain in full force and effect.
Page 6 of 7
Bremerton/[Consultant]
[Project Name]
Rev. 11/2019
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 shall remain in force until completion and acceptance of
the services, terminated by written instrument upon mutual consent, or by the City of Bremerton
for convenience. 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 thirty (30)
days of the terminating Party’s sending notice to the non-performing Party. Any Notice by
Consultant shall include a report showing the status of all items listed in the Scope of Work current
through the termination date.
If the City receives reimbursement by any federal, state, or other source for work described
in Section I herein, and that funding is withdrawn, reduced or limited in any way, or the project is
cancelled or substantially reduced after the execution date of this Agreement and prior to the
completion of the work, the City may summarily terminate this Agreement.
A. Excusable Delays: The right of Consultant to proceed shall not be terminated nor
shall Consultant be charged with liquidated damages for any delays in the completion of the work
due to: 1) any acts of the federal government in controlling, restricting, or requisitioning materials,
equipment, tools, or labor by reason of war, national defense, or other national emergency; 2) any
acts of the City, its consultants, or other public agencies causing such delay; and 3) causes not
reasonably foreseeable by the parties at the time of the execution of the Agreement that are beyond
the control and without the fault or negligence of the Consultant, including, but not restricted to,
acts of God, fires, floods, strikes, or weather of unusual severity. PROVIDED, HOWEVER, that
the Consultant must promptly notify the City within ten (10) calendar days in writing of the cause
of the delay. If, on the basis of the facts and the terms of this Agreement, the delay is properly
excusable, the City shall, in writing, extend the time for completing the work for a period of time
commensurate with the period of excusable delay.
Page 7 of 7
Bremerton/[Consultant]
[Project Name]
Rev. 11/2019
B. Rights Upon Termination: In the event of termination, the City shall pay for all
services performed by the Consultant to the effective date of termination, as described on a final
invoice submitted to the City. After termination, the City may take possession of all records and
data within the Consultant's possession pertaining to this project which may be used by the City
without restriction. Any such use not related to the project which Consultant was contracted to
perform shall be without liability or legal exposure to the Consultant.
X. Suspension & Debarment. For contracts involving Federal funding, Consultant hereby
certifies, by signing this agreement, that neither it nor its principals are presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation
in this transaction by any Federal department or agency. Consultant shall provide immediate
written notice to the City if at any time it learns that it is or has become ineligible for certification.
Should Consultant enter into a covered transaction with another firm, Consultant agrees by signing
this agreement that it will verify that the firm with whom it intends to do business is not debarred,
suspended, ineligible, excluded or disqualified.
IN WITNESS WHEREOF, the parties below have executed this Agreement.
CITY OF BREMERTON CONSULTANT:
By: By:
Print Name: Greg Wheeler Print Name:
Its: Mayor Its:
Date: Date:
APPROVED AS TO FORM: ATTEST:
By: By:
Roger A. Lubovich, Bremerton City Attorney Angela Hoover, City Clerk
R:\Legal\Legal\Forms\FORMS ON COBWEB\Professional Services Agreement Rev. 10 2019.docx
CodePros, LLC, City of Bremerton - Service Agreement Exhibit A
EXHIBIT A
Scope of Work/List of Services Provided by CodePros, LLC for the City of Bremerton, WA
CodePros Professional Services Agreement dated February 18, 2020.
Note: This list of services can be updated and amended as necessary to ensure the Municipality’s
needs are met and the services provided satisfy the Municipality, property owners, and the building
community.
Plan Review services provided as part of the agreement
Perform plan review on select building projects in the Municipality on a non-exclusive, as-needed
basis as requested by the Municipality's building official or administrator. These may include any type
of construction project, such as, without limitation: single-family residential construction; multi-family
residential construction; new commercial, industrial, and institutional construction; as well as tenant
improvements and/or remodeling projects in any existing buildings.
Building plan review will, as directed by Municipality staff, include review of foundation systems,
structural systems, plumbing and mechanical systems and energy code provisions to determine
compliance with the Washington State Building Code, along with the Plumbing, Mechanical, Fuel-Gas
and Energy Codes, and any local amendments adopted by the City of Bremerton. Follow-up plan
review of corrections of identified items is included.
Plan Review turn-around time-frame targets are as follows:
Project Size based on Valuation: Plan Review Turnaround time to
first comments:
Goal
IRC Residential Projects 10 working days 99%
IBC Small Commercial Project
(Valuation less than $1M)
10 working days 99%
IBC Large Commercial Project
(Valuation $1M to $10M)
20 working days 100%
IBC Exceptionally Large Project
(Valuation greater than $10M)
25 working days 100%
Other Services provided as part of the agreement:
o Provide code interpretations and professional opinions as requested by the Municipality
o On-call building inspections as requested by the Municipality (minimum 48 hours notice)
o Communicate and coordinate efforts with professional partner employees, service providers,
and other jurisdiction staff, elected officials and other agencies
o Provide regular status and activity reports
o Maintain proper legal records, provide document storage, and respond to public disclosure
records requests
o Provide additional structural review by a registered professional engineer upon request (Note:
Plan review projects with valuation in excess of $4m automatically receive engineer’s review.)
By acceptance of the Professional Service Agreement and Exhibits A & B, the Municipality hereby
authorizes the Company to perform supplemental building plan review services and/or building and
structure inspections services within the incorporated boundaries of the Municipality on an as-needed,
non-exclusive basis as directed by Municipality staff based upon the Washington State Building
Codes and any other adopted codes and state and local amendments, or applicable State and
Federal requirements, and other Municipality adopted regulations, standards, and requirements
related to building construction (collectively, the “Municipality’s Codes”).
CodePros, LLC, City of Bremerton - Service Agreement Exhibit B
EXHIBIT B
Fee Schedule for Building Department Services by CodePros, LLC.
for the City of Bremerton.
CodePros Services Agreement dated February 18,2020.
CodePros’ Plan Review Service Fees:
o Building Plan Review Service Fee (Commercial > $1M) 55% of Bremerton’s review fee
o Building Plan Review Service Fee (Commercial = < $1M) 60% of Bremerton’s review fee
o Building Plan Review Service Fee (1-2 Family Residential) 75% of Bremerton’s review fee
o Building “Structural-Only” Plan Review Service Fee 30% of Bremerton’s review fee
o Attendance of Pre-Ap conference for projects > $1M valuation no charge
o Attendance of Pre-Ap conference for projects =<$1M valuation $50.00 per hour
(Plan review and permit fees that are the basis of this agreement shall be based on the fee schedule as adopted by the City of
Bremerton, utilizing the fee table as shown in BMC 3.01.040, Community Development - Rate Table C, as of the date of this agreement.
Plan Review fees are established as 65% of the permit fee. Project valuations shall be defined as the total value of all construction work
for which the permit is issued, and shall include but not be limited to: roofing, electrical, plumbing, heating, air conditioning, elevators,
fire extinguishing systems, and permanent equipment. The valuation shall be, at a minimum, as determined by utilizing the most recently
published “Square Foot Construction Costs” table published by the International Code Council in its “Building Safety Journal” magazine.)
Other Fees:
o Supplemental On-Call building inspections $70.00 per hour
o Project Support (upon specific request of jurisdiction) 65% of Bremerton’s review and
permit fee
o Inspections outside of business hours $100.00 per hour, (2 hour minimum)
o Investigative Services and/or testimony $125.00 per hour
o Code Enforcement Activities (as requested by City) $85.00 per hour
o Code consultation and/or code interpretation, not associated with plan review services
above $70.00 per hour
o Analysis of alternate methods and/or materials $70.00 per hour
o Structural engineering review by P.E. (projects<$4M) $140.00 per hour
o Structural engineering review by P.E. (projects>$4M) (included as part of Plan Review
Service Fees above)
Terms:
CodePros bills for the previous month, typically by the third business day of the month, payable
within 45 days. Plan review: 60% of fee due upon first comments, the remaining 40% upon
completion of the final review. If billing discrepancies are identified by the Municipality, such
discrepancy shall be brought to the attention of the Company prior to the payment due date.
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Amendment No. 1 to Master
Services Agreement with CivicPlus for
Website Services
Study Session Date: February 26, 2020
COUNCIL MEETING Date: March 4, 2020
Department: Information Services
Presenter: Dave Sorensen
Phone: (360) 473-5306
SUMMARY: The City of Bremerton has utilized Civic Plus since 2014 for website hosting and
management. The City wishes to amend the Master Services Agreement by including the add on
purchase of Civic Ready, a mass notification service.
ATTACHMENTS: 1) Civic Plus MSA; 2) Civic Ready SOW 3) Civic Ready Brochure
FISCAL IMPACTS (Include Budgeted Amount): This item is included in the 2020 Information
Services Budget.
STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION: Move to approve Amendment No. 1 to Civic Plus Master Services
Agreement between the City of Bremerton and Civic Plus; 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
Page 1 of 5
CivicPlus
302 South 4th St. Suite 500
Manhattan, KS 66502
US
Master Services Agreement:
Bremerton WA
THIS Master Services Agreement (“Agreement”) is agreed to by and between CivicPlus, LLC., d/b/a CivicPlus (“CivicPlus”) and
Bremerton WA;(“Client”) (referred to individually as “Party” and jointly as “Parties”) and shall be effective as of the later date of
signing indicated at the end of this Agreement (“Effective Date”).
RECITALS
I. WHEREAS, CivicPlus is engaged in the business of developing, marketing and selling custom community engagement and
government management platforms and services that include but are not limited to web sites, web interfaces and portals and
proprietary software systems and associated modules; in addition to project development, design, implementation, support and hosting
services for same;
II. WHEREAS, Client wishes to engage in a relationship with CivicPlus for such services and/or license for the development and use
of proprietary software developed and owned by CivicPlus;
III. WHEREAS, Client and CivicPlus have agreed to certain terms as set forth in th is Agreement by this written instrument duly
executed by the Parties;
NOW, THEREFORE, Client and CivicPlus agree as follows:
Term & Termination
1. This Agreement shall commence on the date set forth below and shall remain in full force and effect during th e term of any
associated or attached Statement of Work (“SOW”) between CivicPlus and Client. This Agreement and any associated or attached
SOW will continue under the conditions set forth herein until terminated by either Party as specifically authorized h erein.
2. Either Party may terminate this Agreement or any associated SOW at the end of the SOW term by providing the other Party with 60
days’ written notice prior to the SOW renewal date.
3. Upon termination of this Agreement or any associated or attached SOW, the licenses granted for such relevant SOW by Section 15,
below, will terminate; Client shall cease all use of the CivicPlus Property (as defined herein) associated with the terminate d SOW.
4. Notwithstanding the above, in the event this Agreement or any SOW is terminated, for any reason, prior to payment in full bei ng
made by Client for work completed by CivicPlus, any outstanding invoices or future planned billing for the development of Cli ent’s
chosen government management platform and/or services, as defined in the SOW (“Project Development”), shall immediately become
due in full.
Statements of Work
Page 2 of 5
5. CivicPlus agrees to perform services and/or produce deliverables in accordance with the SOW in consideration of the fees owed by
Client in described in the same SOW. Multiple and successive SOW may be entered into and shall be attached hereto. Such SOWs are
incorporated into this Agreement by reference and subject to the terms & conditions contained herein pursuant to Section 27.
Invoicing & Payment Terms
6. Invoices shall be sent electronically to the individual/entity designated in the SOW’s contact sheet, to be filled out and submitted
by Client. Client shall provide accurate, current and complete information of Client’s legal business name, address, email ad dress, and
phone number, and maintain and promptly update this information if it should change. Upo n request CivicPlus will mail invoices, and
the Client will be charged a $5.00 convenience fee.
7. Payment is due 30 days from date of invoice. Unless otherwise limited by law, a finance charge of 1.5 percent (%) per month o r
$5.00, whichever is greater, will be added to past due accounts. Payments received will be applied first to finance charges, then to the
oldest outstanding invoice(s).
8. If the Client's account exceeds 60 days past due, support will be discontinued until the Client's account is made curre nt. If the
Client's account exceeds 90 days past due, Annual Services will be discontinued, and the Client website, modules, interfaces or portals
will no longer be active until the Client's account is made current. Client will be given 30 days’ notice pri or to discontinuation of
services for non-payment.
9. If the Client requests a change in the timeline set forth and agreed upon at the beginning of the services, and such change c auses
CivicPlus to incur additional expenses (i.e. airline change fees, consult ant fees), Client agrees to reimburse CivicPlus for those fees.
Not to exceed $1,000 per CivicPlus resource per trip. CivicPlus shall notify Client prior to incurring such expenses and shal l only
incur those expenses which are approved by Client.
Ownership & Content Responsibility
10. Upon full and complete payment of submitted invoices for any SOW Project Development Fees, Client will own the website
graphic designs, webpage or software content, module content, importable/exportable data, and archived information as created by
CivicPlus on behalf of Client pursuant to this Agreement (“Customer Content”).
11. Upon completion of any SOW Project Development, Client will assume full responsibility for website, software or module content
maintenance and administration. Client, not CivicPlus, shall have sole responsibility for the accuracy, quality, integrity, l egality,
reliability, appropriateness, and intellectual property ownership or right to use of all Customer Content.
12. Client agrees that CivicPlus shall not migrate, convert, or port content or information that could reasonably be construed to be
time-sensitive, such as calendar or blog content, in any Project Development.
13. Client will make a reasonable attempt to work with CivicPlus, if requested, to create a news item to be released in conjunction
with their project Go-Live date. Client will provide CivicPlus with contact information for local and regional media outlets. CivicPlus
may use the press release in any marketing materials as desired throughout the term of this Agreement.
Intellectual Property & Ownership
14. Intellectual Property of any software or other original works created by or licensed to CivicPlus prior to the execution of t his
Agreement (“CivicPlus Property”) will remain the property of CivicPlus. Client shall not (i) license, sublicense, sell, resell, reproduce,
transfer, assign, distribute or otherwise commercially exploit or make available to any third party any CivicPlus Property in any
way; (ii) modify or make derivative works based upon any CivicPlus Property; (iii) create Internet “links” to the CivicPlus Property
software or “frame” or “mirror” any CivicPlus Property administrative access on any other server or wireless or Internet -based device;
or (iv) reverse engineer or access any CivicPlus Property in order to (a) build a competitive product or service, (b) build a product
using similar ideas, features, functions or graphics of any CivicPlus Property, or (c) copy any ideas, features, functions or graphics of
Page 3 of 5
any CivicPlus Property. The CivicPlus name, the CivicPlus logo, and the product and module names associated with any CivicPlu s
Property are trademarks of CivicPlus, and no right or license is granted to use them.
15. Provided Client complies with the terms and conditions herein, the relevant SOW, and license restrictions set forth in Section 14,
CivicPlus hereby grants Client a limited, nontransferable, nonexclusive, license to access and use the CivicPlus Property ass ociated
with any valid and effective SOW associated with this Agreement, for the term of the respective SOW.
Indemnification
16. To the extent permitted by the law of Client’s state, Client and CivicPlus shall defend, indemnify and hold the other Party, its
partners, employees, and agents harmless from and against any and all lawsuits, claims, demands, penalties, losses, fines, liabilities,
damages, and expenses including attorney’s fees of any kind, without limitation, arising out of the negligent actions and omi ssions,
or intentionally malicious actions or omissions of the indemnifying Party or its partners, employees, and agents, directly associated
with this Agreement and the operations and installation of software contemplated by this Agreement. This section shall not ap ply to
the extent that any lawsuits, claims, demands, penalties, losses, fines, liabilities, damages, and expenses is caused by the negligence or
willful misconduct on the part of the other Party.
Client Responsibilities
17. CivicPlus will not be liable for any act, omission of act, negligence or defect in the quality of service of any underlying carrier,
licensor or other third-party service provider whose facilities or services are used in furnishing any portion of the service received by
the Client.
18. CivicPlus will not be liable for any failure of performance that is caused by or the result of any act or omission by Client or any
entity employed/contracted on the Client’s behalf.
19. Client agrees that it is solely responsible for any solicitation, collection, storage, or other use of end-users’ personal data on any
website or online service provided by CivicPlus. Client further agrees that CivicPlus has no responsibility for the use or st orage of
end-users’ personal data in connection with the website or the consequences of the solicitation, collection, storage, or other use by
Client or by any third party of personal data.
20. To the extent it may apply to any service or deliverable of any SOW, user logins are for designated individuals chosen by Cli ent
(“Users”) and cannot be shared or used by more than one User. Client will be responsible for the confidentiality and use of User’s
passwords and User names. Client will also be responsible for all electronic communications, including those containing busin ess
information, account registration, account holder information, financial information, Client data, and all other data of any kind
contained within emails or otherwise entered electronically through any CivicPlus Property or under Client’s account. CivicPl us will
act as though Client will have sent any electronic communications it receives under Client’s passwords, user name, and/or acc ount
number. Client shall use commercially reasonable efforts to prevent unauthorized access to or use of any CivicPlus Prop erty and shall
promptly notify CivicPlus of any unauthorized access or use of any CivicPlus Property and any loss or theft or unauthorized u se of
any User’s password or name and/or user personal information.
21. Client shall comply with all applicable local, state, and federal laws, treaties, regulations, and conventions in connection with its
use of any of the services or CivicPlus Property.
Limitation of Liability
22. CivicPlus’ liability arising out of or related to this Agreement, or any associated SOW, will not exceed the Annual Services Fee
paid by Client in the year prior to such claim of liability.
23. In no event will CivicPlus be liable to Client for any consequential, indirect, special, incidental, or punitive damages aris ing out of
or related to this Agreement.
Page 4 of 5
24. The liabilities limited by Section 22 and 23 apply: (a) to liability for negligence; (b) regardless of the form of action, wh ether in
contract, tort, strict product liability, or otherwise; (c) even if Client is advised in advance of the possibility of the damages in question
and even if such damages were foreseeable; and (d) even if Client’s remedies fail of their essential purposes. If applicable law limits
the application of the provisions of this Limitation of Liability section, CivicPlus’ liability wil l be limited to the maximum extent
permissible.
Force Majeure
25. No party shall have any liability to the other hereunder by reason of any delay or failure to perform any obligation or coven ant
if the delay or failure to perform is occasioned by force majeure, meaning any act of God, storm, fire, casualty, unanticipat ed work
stoppage, strike, lockout, labor dispute, civic disturbance, riot, war, national emergency, act of public enemy, or other cau se of similar
or dissimilar nature beyond its control.
Taxes
26. It is CivicPlus’ policy to pass through sales tax in those jur isdictions where such tax is required. If the Client is tax -exempt, the
Client must provide CivicPlus proof of their tax -exempt status, within fifteen (15) days of contract signing, and the fees owed by
Client under this Agreement will not be taxed. If the Client’s state taxation laws change, the Client will begin to be charged sales tax
in accordance with their jurisdiction’s tax requirements and CivicPlus has the right to collect payment from the Client for p ast due
taxes.
Other Documents
27. The following, if applicable, are to be attached to and made part of this Agreement:
a. Any Addendum and/or Amendments to this Agreement signed by both Parties;
b. Exhibit A - Statement(s) of Work;
b. Service Agreement Sales Forms;
c. Service Agreements previously executed between the Parties; and
d. Custom Development / Retainer Agreement
28. In the event of conflict with an attachment to this Agreement, this main body of this Agreement will govern. Notwithstanding the
foregoing, no SOW or other attachment incorporated into this Agreement after execution of this main body of this Agreement will be
construed to amend this main body unless it specifically states its intent to do so and cites the section or sections amended .
29. This Agreement and all attachments hereto sets forth the entire agreement of the Parties and supersedes all prior or
contemporaneous writings, negotiations, and discussions with respect to its subject matter.
Interlocal Purchasing Consent
30. With the prior approval of CivicPlus, which may be withheld for any or no reason within CivicPlus’ sole discretion, this
Agreement and any attached SOWs may be extended to any public entity in Client’s home -state to purchase at the SOW prices and
specifications in accordance with the terms stated herein.
Miscellaneous Provisions
31. The invalidity, in whole or in part, of any provision of this Agreement shall not void or affect the validity of any other pr ovision of
this Agreement.
Page 5 of 5
32. No amendment, assignment or change to this Agreement or any included SOW shall be effective unless by a written instrument
executed by each of the Parties.
33. This Agreement may be executed in one or more counterparts. Each counterpart will be an original, but all such c ounterparts will
constitute a single instrument.
34. Each person signing this Agreement represents and warrants that he or she is duly authorized and has legal capacity to execut e
and deliver this Agreement. Each Party represents and warrants to the other tha t the execution and delivery of the Agreement and the
performance of such Party’s obligations hereunder have been duly authorized and that the Agreement is a valid and legal agree ment
binding on such Party and enforceable in accordance with its terms.
Acceptance
We, the undersigned, agreeing to the conditions specified in this document, understand and consent to the terms & conditions of this
Agreement.
Client CivicPlus
By: By:
Name:
Name:
Title:
Title:
Date:
Date:
Please sign and email to Clint Gordon at gordon@civicplus.com or fax to
Sign and E-mail the
entire
contract with exhibits to:
mailto:contracts@civicplus.com
Signature pages sent without the entire contract attached will not be accepted. We will
e-mail a counter-signed copy of the contract back to you once we begin your project.
CivicPlus does not require a physical copy of the contract, however, if you would like a
physical copy of the contract, mail one (1) copy of the contract with original signature to:
CivicPlus Contract Manager
302 S. 4th Street, Suite 500
Manhattan, KS 66502
Upon receipt of signed original, we will counter-sign and return the copy for your files.
Addendum to the Agreements by and between CivicPlus, LLC and Bremerton, WA
Master Service Agreement and Statement of Work
Addendum
THIS Master Services Agreement and Statement of Work Addendum (“Addendum”) hereby sets forth the (i) additional terms and
conditions applicable to the Master Services Agreement and/or Statement of Work (“Agreements”) and/or (ii) amendments to specific
provisions of the terms and conditions which exist in the Agreements (collectively, the “Special Terms”), as described below. The Special
Terms shall be deemed to amend, modify, supplement, replace and/or supersede (as applicable) any inconsistent provisions of the
Agreements, to the extent of the inconsistency.
ALL TERMS AND CONDITIONS OF THE AGREEMENTS NOT EXPRESSLEY MODIFIED HEREIN SHALL REMAIN IN FULL FORCE
AND EFFECT.
Capitalized terms used and not defined herein shall have the meanings assigned to them in the Agreements (to which this Adden dum is
attached and incorporated).
1. AMENDMENTS
The terms and conditions of the Agreement are hereby amended as follows:
Document and Section Amended Language
MSA #2 Either Party may terminate this Agreement or any associated SOW during the SOW term by
providing the other Party with 60 days’ written notice.
MSA #22 This section intentionally omitted.
MSA #23 This section intentionally omitted.
MSA #24 This section intentionally omitted.
2. ADDITIONAL TERMS
35. CivicPlus shall provide a Certificate of Insurance evidencing Commercial General Liability insurance written on an occurrence
basis with limits no less than $1,000,000 combined single limit per occurrence and general aggregate; and Cyber insurance with
limits no less than $1,000,000 per claim and in the aggregate.
36. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of Washington. If
any dispute arises between the City and Vendor under any of the provisions of this Agreement, resolution of that dispute shal l be
available exclusively under the jurisdiction, venue and rules of the Kitsap County Superior Court, Kitsap County, Washington.
Acceptance
We, the undersigned, agreeing to the conditions specified in this document, understand and consent to the terms & conditions
of this Addendum.
Client CivicPlus
By:
By:
Name:
Name:
Title:
Title:
Date:
Date:
1
Addendum to Master Services Agreement
CivicPlus
302 South 4th St. Suite 500
Manhattan, KS 66502
US
Quote #:Q-06333-1
Date:12/5/2019 5:23 PM
Expires On:1/31/2020
Product:CivicReady
Ship To
Kelsie Donleycott
Bremerton WA - CivicReady
Bill To
Bremerton WA - CivicReady
SALESPERSON Phone EMAIL DELIVERY METHOD PAYMENT METHOD
Clint Gordon x(623)
213-8877
gordon@civicplus.com Net 30
Exhibit A.1 - Statement of Work
QTY PRODUCT NAME DESCRIPTION TOTAL
1.00 CivicReady Mass Notification Annual Fee CivicReady Mass Notification Annual Fee $9,764.00
1.00 CivicReady Implementation Fee CivicReady Implementation Fee $1,100.00
1.00 CivicReady Verified Residential Database
Annual Fee
CivicReady Verified Residential Database
Annual Fee
$182.70
TOTAL:$11,046.70
Total Days of Quote:365
One Time Costs $1,100.00
Recurring Costs $9,946.70
* Recurring Costs stated herein are based upon the number of days stated above.
Upon renewal of this SOW, the Recurring Costs will reflect a 365 day calendar year.
CivicPlus hereby provides unlimited license to Client to utilize CivicReady software (the “Service”) for the term of this
SOW In consideration of the payments described herein. Client shall be responsible for all activity occurring under
Client’s account(s) and shall abide by all applicable laws and regulations in connection with the use of any service or
license provided under this SOW. Client shall: (i) notify CivicPlus immediately of any unauthorized use of any password
or account or any other known or suspected breach of security; (ii) report to CivicPlus immediately and use reasonable
efforts to stop immediately any copying or distribution of Content that is known or suspected by Client; and (iii) not
impersonate another CivicPlus user or provide false identity information to gain access to or use the Service.
Term & Payment
1.Performance and payment under this SOW shall be subject to the terms & conditions of the Agreement by
and between Client and CivicPlus, to which this SOW is hereby attached.
2.This SOW shall remain in effect for a period of one year (12 months) from signing. In the event that neither
party gives 60 days’ notice to terminate during the initial or any subsequent renewal term, this Agreement
will automatically renew for an additional 1-year Renewal Term.
V. PD 06.01.2015-0048
Page 1 of 6
3.The First Year Fees (sum of One TIme Cost and Recurring Cost) shall be invoiced upon signing of this SOW.
4.Renewal Term Annual Fees (Recurring Costs) shall be invoiced on the date of signature of relevant calendar
years. Annual services are subject to a 3% annual increase beginning in the third year of service.
5.The Client will be invoiced electronically through email. Upon request CivicPlus will mail invoices and the
Client will be charged a $5.00 convenience fee.
CivicReady Functionality
1.CivicReady provides the ability for Client to generate high-speed notifications to listed databases through an
Internet- hosted software application. Client’s database(s) shall be limited to containing contact data located
within the geographic boundaries of Bremerton WA - CivicReady. Licensee may only place calls via the
system to telephone numbers assigned within the 48 contiguous United States of America.
CivicReady Appropriate Use of Service
1.Client agrees to use Service in ways that conform to all applicable laws and regulations. Client agrees not to
make any attempt to gain unauthorized access to any of CivicPlus’ systems or networks. Client agrees that
CivicPlus shall not be responsible or liable for the content of messages created by Client, or by those who
access Service, or otherwise delivered by Service on behalf of Client.
2.Client shall be responsible for compliance with all applicable laws regarding outbound telemarketing including
State and Local telemarketing laws and requirements. Client will be solely responsible and liable for any such
violations.
CivicReady Security and Confidentiality
1.CivicPlus will use commercially reasonable practices and standards to secure and encrypt data
transmissions. Client understands that CivicPlus is providing Service on the World Wide Web through
an upstream third party Internet Service Provider, using public utility services which may not be secure.
Client agrees that CivicPlus shall not be liable to Client in the event of any interruption of service or lack of
presence on the Internet as a result of disruption by the third party Internet Service Provider or public utility.
Client agrees that CivicPlus cannot guarantee the integrity of Client supplied or user supplied data. Any
errors, duplications, or inaccuracies related to the Client or user supplied data will be the responsibility of the
Client.
2.CivicPlus acknowledges the confidential nature of Client and user supplied data and agrees to prevent the
disclosure to the public or to anyone not employed by CivicPlus, any confidential data. Data collected by
CivicPlus will remain secured and will only be released upon mutual agreement by both parties or a court
order. Client agrees that private citizens may voluntarily contribute their contact information to be used in
Service, and CivicPlus shall maintain a database of such information.
Account Information and Privacy
1.CivicPlus does not own any data, information or material that Client submit to the Service in the course of
using the Service (“Client Data”). Client, not CivicPlus, shall have sole responsibility for the accuracy, quality,
integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Client
Data, and CivicPlus shall not be responsible or liable for the deletion, correction, destruction, damage, loss
or failure to store any Client Data. CivicPlus reserves the right to withhold, remove and/or discard Client Data
without notice for any breach, including, without limitation, Client’s non-payment. Upon termination for cause,
Client’s right to access or use Client Data immediately ceases, and CivicPlus shall have no obligation to
maintain or forward any Client Data.
Intellectual Property Ownership
1.CivicPlus alone shall own all right, title and interest, including all related Intellectual Property Rights, in and to
the CivicPlus Technology, the Content and the Service and any suggestions, ideas, enhancement requests,
feedback, recommendations or other information provided by Client relating to the Service. This Agreement
is not a sale and does not convey to Client any rights of ownership in or related to the Service, the CivicPlus
Technology or the Intellectual Property Rights owned by CivicPlus. The CivicPlus name, the CivicPlus logo,
V. PD 06.01.2015-0048
Page 2 of 6
and the product names associated with the Service are trademarks of CivicPlus, and no right or license
is granted to use them. Client may use CivicPlus’ name or trademarks (CivicPlus) for promotion, publicity
or other commercial purposes with our prior written consent. All other trademarks not owned by CivicPlus
that appear on this site are the property of their respective owners, who may or may not be affiliated with,
connected to, or sponsored by CivicPlus.
Representations & Warranties
1.Each party represents and warrants that it has the legal power and authority to enter into this Agreement.
This service is provided on an “AS-IS” basis without warranty (express or implied, including merchantability,
fitness for a particular purpose and non-infringement of third party rights). We will use commercially
reasonable efforts to maintain continuous access but will not be responsible for events beyond our control.
2.Client represent and warrant that Client has not provided any false information to gain access to the Service
and that Client’s billing information is correct.
Disclaimer of Warranties
1.CIVICPLUS MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY,
TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF
THE SERVICE OR ANY CONTENT. CIVICPLUS DOES NOT REPRESENT OR WARRANT THAT (A)
THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR
OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE
SERVICE WILL MEET CLIENT’S REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL
BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION,
OR OTHER MATERIAL PURCHASED OR OBTAINED BY CLIENT THROUGH THE SERVICE WILL MEET
CLIENT’S REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRECTED,
OR (F) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND ALL CONTENT IS PROVIDED TO
CLIENT STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES,
WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION,
ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW BY CIVICPLUS.
Internet Delays
1.CIVICPLUS’ SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS
INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. CIVICPLUS IS
NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING
FROM SUCH PROBLEMS.
V. PD 06.01.2015-0048
Page 3 of 6
Addendum 1 to Exhibit A.1 – Services Provided
Services provided by CivicPlus to the Client under this agreement include the following:
Access: CivicPlus hereby grants a nonexclusive license during the term of the Agreement for the Client to access, use
and display the CivicPlus item(s) listed in the SOW in accordance with the terms of the Agreement. Excluding occasional
maintenance, the Software shall be available 24 hours per day, seven days per week with a guaranteed uptime of 99%.
The Portal is accessible via the public Internet from any device with an Internet connection and browser. .
Documentation: All CivicPlus startup and user’s guides are maintained electronically in the system and can be accessed
through the “Help Center” from within CivicPlus. CivicPlus does not provide paper copies of its guides and help files.
Data Backups: CivicPlus currently performs backups daily of all of its data (6:00 AM). In case of emergency, CivicPlus
may restore data to the point of the previous backup.
Enhancements: New features will be added throughout the term of this Agreement. Client will have full access to
all of these new features without additional charge. Client is also encouraged to submit change requests as they see
opportunities for improvement. CivicPlus will attempt to implement any and all changes that improve the value of CivicPlus
to all of our Clients at no charge. Notwithstanding the foregoing, all custom work will be estimated and agreed upon in
writing by the parties hereto prior to work start.
Client Support: CivicPlus shall provide an online utility for problem reports and change requests. Client may also
reach CivicPlus by phone at 1-800-335-1863 between the hours of 7:00 AM and 7:00 PM Central Standard Time,
Monday through Friday and excluding national holidays. E-mail support is also available at support@CivicPlus.com. Non-
emergency after-hours support may be subject to additional fees. Emergencies will be handled as soon as possible.
Enhancement requests will be queued based on priority and implemented on a schedule. CivicPlus shall have sole and
absolute discretion as to whether support requests exceed reasonable use or exceed the scope of services outlined in this
Agreement.
Data: In the event Client no longer wishes to use CivicPlus, CivicPlus will export Client data based on a requested format
(in most cases). If the data exporting request is initiated by Client, additional fees may apply. All work will be estimated
and agreed upon in writing by the parties hereto prior to work start.
V. PD 06.01.2015-0048
Page 4 of 6
Acceptance
We, the undersigned, agreeing to the conditions specified in this document, understand and authorize
the provision of services outlined in this Agreement.
CivicPlus
By:
___________________________________
Name:
___________________________________
Title:
___________________________________
Client
By:
___________________________________
Name: ______Greg Wheeler____________
Title:________Mayor__________________
Date:_______________________________
_
Date:
___________________________________
V. PD 06.01.2015-0048
Page 5 of 6
Contact Information
*all documents must be returned: Master Service Agreement, Statement of Work, and Contact Information Sheet.
Organization City of Bremerton URL
________________________________________________________________________________________________________________________
Street Address ________________345 6th Street, STE 100___________________________________________________________________
Address 2 ______________________________________________________________________________________________________________
City Bremerton State WA Postal Code 98337
________________________________________________________________________________________________________________________
CivicPlus provides telephone support for all trained clients from 7am –7pm Central Time, Monday-Friday (excluding holidays).
Emergency Support is provided on a 24/7/365 basis for representatives named by the Client. Client is responsible for
ensuring CivicPlus has current updates.
________________________________________________________________________________________________________________________
Emergency Contact & Mobile Phone
________________________________________________________________________________________________________________________
Emergency Contact & Mobile Phone
________________________________________________________________________________________________________________________
Emergency Contact & Mobile Phone
________________________________________________________________________________________________________________________
Billing Contact E-Mail
________________________________________________________________________________________________________________________
Phone Ext. Fax
________________________________________________________________________________________________________________________
Billing Address
________________________________________________________________________________________________________________________
Address 2
________________________________________________________________________________________________________________________
City Bremerton State Postal Code
________________________________________________________________________________________________________________________
Tax ID #Sales Tax Exempt #
________________________________________________________________________________________________________________________
Billing Terms Account Rep
________________________________________________________________________________________________________________________
Info Required on Invoice (PO or Job #)
________________________________________________________________________________________________________________________
Contract Contact Email
________________________________________________________________________________________________________________________
Phone Ext.Fax
________________________________________________________________________________________________________________________
Project Contact Email
________________________________________________________________________________________________________________________
Phone Ext.Fax
________________________________________________________________________________________________________________________
V. PD 06.01.2015-0048
Page 6 of 6
WA 98337
Melinda Monroe Melinda.monroe@ci.bremerton.wa.us
360-473-5306
Kelsie Donleycott Kelsie.Donleycott@ci.bremerton.wa.us
360-473-5319
91-6001231
Mass Notification System
2,500+
Local Governments
55,000+
Users
60+ Million
People Impacted
CivicPlus was founded over 20 years
ago to help local governments
achieve more with less.
Emergency and Routine
Communications
Made Easy
2
WHO CAN USE
CIVICREADY?
City and County Administrators
Emergency Management Personnel
Fire Departments
Police Departments
Public Health Officials
Public Information Officers
Department Directors
Mass Notification
System
When an emergency or event occurs that has the potential to impact your citizens,
you need a communication solution that is easy to use, immediate and effective.
CivicReady is a multi-channel communication solution that allows you to reach
your citizens and visitors, no matter where they are in the community. Whether
communicating routine or emergency news, CivicReady allows you to alert citizens
within seconds with actionable information using a single interface — saving you
time and amplifying your reach. For your administrative convenience, CivicReady
also connects to other CivicPlus products through the CivicPlus Platform
dashboard via secure single sign on (SSO).
Easy to use
Consistent workflow process for all
communications, from emergency
notifications to day-to-day alerts
Expert insights
Emergency communication experts
with over 20 years of experience
serving 2500+ local governments
Responsive service and support
The highest quality live and accessible
24/7/365 support team
Reliable
Optimized message speeds,
security and uptime
Superior and innovative
integrations and features
Two-way communications,
a convenient mobile app, and more
Most ways to send messages
Generate a message by text, email,
call, or mobile app
4
Emergency
Notification
System
Reach your citizens — no matter where they are
Our robust platform ensures the greatest number of citizens receive alerts and
that emergency responders and critical team members can communicate and
coordinate response efforts.
6
•The Integrated Public Alert and
Warning System (IPAWS)
•Geo-targeted notifications
via Environmental Systems
Research Institute (ESRI)
•Two-way communications
•Automated notifications
•A conference bridge
•Multilingual capabilities
•One-click quick launch templates
•Mobile App
Alert your citizens
in the event of an
emergency
CivicReady is an easy-to-use, comprehensive, mass notification system that
offers peace of mind to local governments and citizens in times of local disaster.
Emergency management staff can use our innovative cloud-based platform
to provide actionable information to citizens and staff, ensuring effective and
impactful emergency communications. When an emergency hits and every
second counts, CivicReady provides the greatest number of options for creating
and distributing notifications.
Emergency Notification System
EMERGENCY
ALERTS
Weather threats
Earthquakes and mudslides
Active shooter situations
Fires and evacuations
Emergency road closures
Terrorist threats
Send notfications to all cell phones in your area
Created by FEMA (Federal Emergency Management Agency), IPAWS leverages
national emergency communication channels to provide area-specific alerts. IPAWS
enables you to reach as many people as possible, including citizens and visitors who
have not opted-in to text, phone or email communications. Our system can send
notifications to cell phones with no network congestion delays, can interrupt local
TV and radio broadcasts, and can even post notifications to digital road signs and
various other locations instantaneously.
Geo-targeted notifications via Environmental System
Research Institute (ESRI) mapping
Local governments and emergency departments can easily communicate with public
safety personnel and citizens based on their location using ESRI mapping technology.
By drawing a multi-point shape on a map, users can target communications within
specified boundaries, ensuring messages reach and motivate citizens effectively.
From localized power outages to road closures, wildfires to criminal activity,
geo-targeting enables local governments to quickly alert individuals in an affected
area via mobile (text/voice) phone, landline phone, email, social media, and more.
8
10
Routine
Notifications
Enhance your daily communications
CivicReady makes sending and receiving notifications so simple that any user can
easily communicate from their computer, smartphone or tablet. As simple to use
as email, our user-friendly, one-click messaging interface empowers individuals of
all technical abilities to compose a new message quickly or to use a pre-written,
event-specific template.
•Rich text notifications
•A one-click messaging interface
•Multimedia supported
communications
•Scheduled notifications
•Unlimited notification templates
•Interdepartmental communications
•Scheduled notifications
•Both opt-in/opt-out methods
of registration
One-click messaging interface
Use our intuitive interface to reach targeted groups with
one click, from your citizens to local government to employee
groups. Best of all, you can easily communicate from the
office or out in the field. As a
cloud-based platform, CivicReady allows
multiple administrators to use the solution
simultaneously while logging use for
accountability and compliance.
Interdepartmental communications
Departments within your local
government can collaborate using
CivicReady’s real-time two-way group
messaging. You’ll have unlimited group
creation capabilities to empower as
many user groups as needed to
facilitate targeted messaging.
And, unlimited customization means total
flexibility over your communication workflows.
Both opt-in/opt-out methods of registration
CivicReady makes it easy for citizens to edit their communication
preferences anytime, anywhere. Using a mobile device, citizens
can text-in to receive notifications. Making it easy for citizens to
subscribe increases system adoption and improves each
person’s experience.
Share routine
notifications with
targeted one-click
messagingROUTINE ALERTS
Office closures and scheduled updates
Meeting agendas and locations
Special announcements
Updates to citizen groups
Reminders or instructions to
teams or departments
302 South 4th Street
Manhattan, KS 66502
info@civicplus.com
888-729-3407
www.civicready.com
RD-2001-081517
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Renewal of 2020 Excess
Liability Insurance with Vantapro Specialty
Insurance; and Excess Workers’
Compensation Insurance with Midwest
Employers Casualty Company, an
underwriting company under W.R. Berkley
Corporation
Study Session Date: February 26, 2020
COUNCIL MEETING Date: March 4, 2020
Department: City Attorney’s Office –
Risk Management
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 insurance and requires City Council approval for the
continuation of any bound coverage that exceeds an annual premium of $25,000. Excess Liability
and Excess Workers’ Compensation Insurance for 2020 has been bound as follows:
1. Excess liability insurance with Vantapro Specialty Insurance Company at an annual premium
of $192,257 (including terrorism); and
2. Excess workers’ compensation insurance with Midwest Employers Casualty Company, an
underwriting company under W.R. Berkley Corporation, at an annual premium of $70,058.
ATTACHMENTS: Binding order.
FISCAL IMPACTS (Include Budgeted Amount): Insurance premiums for 2020 were higher than
anticipated for excess liability and excess workers’ compensation, which reduces the available
funding balance for claim payments in 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 excess liability insurance
bound with Vantapro Specialty Insurance Company in the amount of $192,257; and excess workers’
compensation insurance with Midwest Employers Casualty Company, an underwriting company
under W.R. Berkley Corporation, in the amount of $70,058.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 01/02/2018
A8
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: February 26, 2020
Ordinance No. 5394 amending Chapter 2.28
of the Bremerton Municipal Code entitled
“Equal Employment Opportunity Program”
COUNCIL MEETING Date: March 4, 2020
Department: Human Resources
Presenter: Charlotte Nelson
Phone: (360) 473-5926
SUMMARY: The proposed ordinance updates the provisions of Chapter 2.28 of the Bremerton
Municipal Code entitled “Equal Employment Opportunity Program.”
ATTACHMENTS: Ordinance No. 5394
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 pass Ordinance No. 5394 to amend Chapter 2.28 of the Bremerton Municipal Code entitled
“Equal Employment Opportunity Program.“
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 01/02/2018
A9
1
Chapter 2.28 – Equal Employment
Opportunity Program
ORDINANCE NO. 5394
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, amending Chapter 2.28 of the Bremerton
Municipal Code entitled “Equal Employment Opportunity
Program”.
WHEREAS, the City Council desires to amend Chapter 2.28 of the Bremerton
Municipal Code entitled "Equal Employment Opportunity Program" to update provisions of the
chapter; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Chapter 2.28 of the Bremerton Municipal Code entitled "Equal
Employment Opportunity Program" is hereby amended to read as follows:
Chapter 2.28
EQUAL EMPLOYMENT OPPORTUNITY PROGRAM
2.28.010 EQUAL EMPLOYMENT OPPORTUNITY POLICY.
(a) The Mayor, through City department heads, shall recruit, hire, upgrade, train, and
promote in all position classifications, without regard to race, color, sex, age, (40+), religion,
marital status, national origin, sexual orientation/gender identity, political affiliation, military
status, and physical, mental, sensory disability, or physicalthe presence of any physical, mental
or sensory disability, except where age and sex are essential bona fide occupational
requirements, or where handicap is a bona fide occupational disqualification.
(b) All department heads shall ensure that all personnel actions are administered
without regard to race, color, sex, age (40+), religion, marital status, national origin, sexual
orientation/gender identity, political affiliation, military status, or the presence of any physical,
mental or sensory disability and mental, sensory, or physical handicap, except where age and sex
are essential bona fide occupational requirements, or where handicap is a bona fide occupational
disqualification.
(c) All department heads shall base employment decisions on the principles of Equal
Employment Opportunity (EEO). All department heads shall take affirmative action to ensure
that minority individuals, females, and qualified handicapped persons are introduced into the
work force and that these employees are encouraged to aspire for promotions and are provided
due consideration as promotional opportunities arise. All managers and supervisors will have an
EEO/AA element in their performance appraisal.
2.28.020 AFFIRMATIVE ACTION PLAN.
The City’s Affirmative Action Plan is a set of procedures by which the City commits
itself to ensure every effort to enhance equal employment opportunity. It includes an analysis of
areas within which the City is deficient in the utilization of minority groups and women, and
establishes goals for correcting deficiencies. The Plan shall be updated annually.
2
Chapter 2.28 – Equal Employment
Opportunity Program
2.28.030 020 EQUAL EMPLOYMENT OPPORTUNITY OFFICERS.
(a) The Mayor shall appoint atwo City-wide Equal Employment OpportunityEEO Officers as
follows.:
(1) One EEO Officer would oversee compliance with Title VI of the Civil
Rights Act. Title VI prohibits discrimination on the basis of race, color, and national origin in
programs and activities receiving federal financial assistance/grants/loans. This EEO Officer
would also be responsible for processing complaints related to Title VI.
(2) The second EEO Officer would oversee compliance with Title VII of the
Civil Rights Act. Title VII protects employees and applicants from discrimination based on race,
color, and national origin or religion. This EEO Officer would also be responsible for processing
complaints related to Title VII.
(b) The Mayor will ensure the Equal Employment Opportunity Officer isEEO
Officers are properly trained and qualified. The Equal Employment Opportunity OfficerEEO
Officers will implement and coordinate compliance with the Equal Employment Opportunity
ProgramEEO Policy. Funds to support administrative training and costs will be placed in the
administrative training and costs will be placed in the General Miscellaneous section of the
City’s annual budget. The Equal Employment Opportunity Officer’sEEO Officers’
responsibilities shall include:
(a1) Monitoring the effectiveness of the Plan Policy and making a quarterlyan
annual report to the Mayor. The Mayor will make an annual report to the Council on plan Policy
implementation.
(b2) Determining and establishing goals and a realistic schedule for attainment.
(c3) Establishing and maintaining a dialogue with minority and women’s
organizations to promote a viable recruitment program both within and external to the City area
to achieve program goals.
(d4) Work actively with department heads to achieve a climate of
understanding and involvement toward employment of underrepresented groups.
(e5) Work with the Civil Service Commission and Human Resources Manager
in the dissemination of information and requirements of equal employment opportunity.
Ensure that females, minorities, and veterans receive preference in employment as
governed by City Civil Service Rules and recommend to the Civil Service Commission changes
to rules that are discriminatory or impediments to this program.
(f6) Ensure that contractors and potential bidders comply with federal and state
policy regulations where the City enters into contracts requiring compliance with state and
federal law.
(g7) Assure program understanding, support, and compliance. Training
programs for supervisors and department heads will be scheduled and accomplished to ensure
proper compliance with established rules, statutes, and regulations.
(8) The Title VI EEO Officer will be responsible for completing and
submitting the Nondiscrimination Agreement to the Washington State Department of
Transportation and any other documents required by Title VI.
(9) The Title VII EEO Officer will be responsible for completing and
submitting the required EEO – 4 Report to the EEO Commission and any other documents
required by Title VII.
3
Chapter 2.28 – Equal Employment
Opportunity Program
2.28.040030 EQUAL EMPLOYMENT OPPORTUNITY COUNCILCOMMITTEE.
(a) The Mayor will establish an Equal Employment Opportunity CouncilEEO
Committee with representatives from each of the following areas:
(1) Fire Department.
(2) Police Department.
(3) AdministrativeDepartment of Financial Services.
(4) Planning/Building Department of Community Development.
(5) Parks and Recreation Department.
(6) Office of the City Attorney/Court Offices.
(7) UtilitiesBremerton Municipal Court.
(8) Department of Public Works and Utilities, i.e., Facilities, Engineering,
Electronics, Streets.
The representatives listed above shall be appointed by the department head. For the court,
the appointment shall be made by the municipal court judge. The Mayor will establish
procedures to ensure the Equal Employment Opportunity CouncilEEO Committee contains the
widest possible minority representation. Representatives shall serve for a period of one (1) year.
Appointments shall be made immediately following the effective date of this section and
annually thereafter.
(b) The Equal Employment Opportunity CouncilEEO Committee will assist the
Equal Employment OpportunityEEO Officers inwith programEEO policy compliance, and new
employee orientation, complaint resolution, and community outreach.
2.28.050 040 AFFIRMATIVE ACTION EQUAL EMPLOYMENT
OPPORTUNITY COMPLAINT PROCEDURE.
It is the intent of the City, and the purpose of this policy, to resolve all discrimination
complaints fairly and expeditiously. To achieve this objective, an employee may, but is not
required to, utilize the following procedure will be utilized:
(a) Informal Review and Hearing:
(1) Any employee who believes he or she has encountered discrimination will
may attempt to resolve the matter by meeting and discussing the problem(s) with their supervisor
or the Equal Employment Opportunityappropriate EEO Officer as soon as possible.
(2) Every effort will be made to resolve the matter internally within twenty
(20) working days. Toward this end, the Equal Employment OpportunityEEO Officer, if
requested by the employee, will assist in the discussion of the problem with the employee’s
supervisor or department head, or any other party to the problem, and will take other appropriate
steps which may assist in resolving the dispute.
(3) All complaints will be treated in the strictest confidence, except as
necessary to investigate the allegations.
(4) The Equal Employment OpportunityEEO Officer will have access to all
appropriate documents and information necessary to provide the Equal Employment
OpportunityEEO Officer a basis for recommending action.
(5) If the Equal Employment OpportunityEEO Officer is unable to resolve the
complaint through conciliation, complainant may file a formal complaint with the Equal
Employment Opportunity Commission.
4
Chapter 2.28 – Equal Employment
Opportunity Program
(b) Formal Review and Hearing:
(1) If the matter is not resolved informally to complainant’s satisfaction
within twenty (20) working days from the date the complaint was initially discussed, the
complainant may submit a formal discrimination complaint by completing the appropriate form
within fourteen (14) days of notification of the Equal Employment Opportunity Officer was
unable to resolve the complaint.
(2) Upon receipt of the complaint, the Equal Employment Opportunity Officer
will forward the complaint to the City Clerk who will arrange a hearing before the Hearing
Examiner according to the procedures of B.M.C. Chapter 2.84.
(3) Upon receipt of the Hearing Examiner’s Findings, the parties will submit a
written statement to the City Attorney indicating their acceptance or rejection of the
recommendations. If the parties agree to the recommendations, then these terms of settlement
will be incorporated into a conciliation agreement whereby said agreement will be the basis for
settling the complaint. If agreement is not reached within fourteen (14) days, the Examiner’s
recommendation will be forwarded to the Equal Employment Opportunity Officer for
appropriate action.
(cb) General Provisions, Reports and Record Maintenance:
(1) All steps will be taken to guarantee that the complainant is free from
restraint, interference, coercion, retaliation or reprisal which may occur as a result of the
employee exercising his/her rights as provided by this policy.
(2) In the event the complainant withdraws the complaint, the Equal
Employment OpportunityEEO Officer may pursue an independent investigation with or without
the consent of the complainant, provided good cause exists to pursue the matter.
(3) All reports, correspondence, supportive information, and statements shall
be maintained in a separate affirmative action file classified as "Confidential".
(4) Access to affirmative action confidential files will be limited to only the
complainant and his/her representative, the Mayor, the Equal Employment OpportunityEEO
Officer, Human Resources and City Attorney staff, and any other party to the complaint,
provided the complainant agrees and there exists valid reasons to furnish the information.
SECTION 2. Corrections. The City Clerk and codifiers of this ordinance are
authorized to make necessary corrections to this ordinance including, but not limited to, the
correction of scrivener, clerical, typographical, and spelling errors, references, ordinance
numbering, section/subsection numbers and any references thereto.
SECTION 3. Severability. If any one or more sections, subsections, or sentences
of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the
validity of the remaining portion of this ordinance and the same shall remain in full force and
effect.
SECTION 4. Effective Date. This ordinance shall take effect and be in force ten
(10) days from and after its passage, approval and publication as provided by law.
5
Chapter 2.28 – Equal Employment
Opportunity Program
PASSED by the City Council the___________ day of ____________________, 2020.
_________________________________
ERIC YOUNGER, Council President
Approved this ________ day of ________________________, 2020.
_________________________________
GREG WHEELER, Mayor
ATTEST: APPROVED AS TO FORM:
__________________________________ _________________________________
ANGELA HOOVER, City Clerk ROGER A. LUBOVICH, City Attorney
PUBLISHED the ________ day of ______________________, 2020.
EFFECTIVE the ________ day of ______________________, 2020.
ORDINANCE NO. ________.
R:\Legal\Legal\Ordinances\Human Resources\2020.04.17 Ordinance - EEOC Program - Final.docx