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Home My WebLink About03/04/2020 AGENDA PACKET______________________________________________________________ CITY COUNCIL 345 6th Street, Suite 100, Bremerton, WA 98337 - Phone (360) 473-5280 MARCH 4, 2020 CITY COUNCIL MEETING AGENDA 1. BRIEFING: 5:00 – 5:30 P.M. in COUNCIL CONFERENCE ROOM 603 A. Review of Agenda B. General Council Business 2. CALL TO ORDER: 5:30 P.M. in FIRST FLOOR CHAMBERS A. Pledge of Allegiance B. Invocation 3. MAYOR'S REPORT 4. PUBLIC RECOGNITION 5. CONSENT AGENDA A. Claims & Check Register B. Meeting Minutes – February 19, 2020 C. Minutes of Study Session – February 26, 2020 D. Professional Services Agreement with Confluence Engineering Group, LLC for Iron and Manganese Evaluation and Control Study E. Professional Services Agreement with Confluence Engineering Group, LLC for Risk and Resiliency Assessment; and Water System Plan Update Support F. 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 G. Amendment No. 1 to Master Services Agreement with CivicPlus to purchase Civic Ready H. Renewal of 2020 Excess Liability Insurance and Excess Workers' Compensation Insurance 6. GENERAL BUSINESS A. Presentation on the 2021 to 2025 Community Development Block Grant (CDBG)/HOME Consolidated Plan – Sarah Achaoui, CDBG Program Administrator Information only... B. Ordinance No. 5394 amending Chapter 2.28 of the Bremerton Municipal Code entitled “Equal Employment Opportunity Program” 7. COUNCIL MEMBER REPORTS 8. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING Americans with Disabilities Act (ADA) accommodations provided upon request. Those requiring special accommodations please contact the City Clerk at (360) 473-5323 at least 24 hours prior to the meeting. MAYOR’S REPORT March 4, 2020 Photo courtesy of Port of Bremerton Novel Coronavirus •No COVID-19 cases have been confirmed in Kitsap County, but local health officials are testing potential cases •Attended a briefing by state health and public officials this morning with recent updates for local governments •City is reviewing and preparing strategies for the public and City employees if measures are required •Encouraging residents to follow recommended advice by Kitsap Public Health: •Stay home when sick •Wash hands with soap and water frequently •Regularly disinfect surfaces (doorknobs, countertops, etc.) to help prevent spread of the virus, among other steps •More information and prevention tips are available at kitsappublichealth.org 2020 Permit Activity Update February (2016-2020) 2016 2017 2018 2019 2020 $4,084,949 $2,020,180 $5,881,356 $815,881 $15,324,020 February had more than $15.3 million of approved permits for the month. Permits Approved by Year, 2003-2020 *Includes Olympic College Instructional Center construction valued at $36.3 Million **Permits through February 29, 2020 Total approved permits ($21.6 million) and pending permits ($77.3 million) equal $98.9 million. Warren Avenue Bridge Work Washington State Department of Transportation Slabjack –Before & After Homer Jones Road by YMCA Before After Before After Slabjack –Before & After Charleston Boulevard at Rodgers Street SR 304 Gateway Median Landscape Project AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: N/A Claims & Check Register COUNCIL MEETING Date: March 4, 2020 Department: Legal Services Presenter: Angela Hoover Phone: (360) 473-5323 SUMMARY: Approval of the following checks and electronic fund transfers: 1. Check Numbers 388161 through 388324 and Electronic Fund Transfers V20916 through V20962 in the grand total amount of $1,612,344.59 2. Regular Payroll for pay period ending January 31, 2020 in the amount of $940,544.34 3. Regular Payroll for pay period ending February 15, 2020 in the amount of $867,734.05 4. Regular Payroll for supplemental pay for the pay period ending February 15, 2020 in the amount of $953.23 5. Retiree Payroll for pay period ending February 29, 2020 in the amount of $58,549.17 ATTACHMENTS: FISCAL IMPACTS (Include Budgeted Amount): STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the consent agenda as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 5A AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Minutes of Meeting – February 19, 2020 Study Session Date: N/A COUNCIL MEETING Date: March 4, 2020 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: The Minutes of Meeting held on February 19, 2020 are attached. ATTACHMENTS: Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: ☒ N/A STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the February 19, 2020 Meeting Minutes as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/3/17 5B DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wednesday, February 19, 2020 The weekly meeting of the City Council of the City of Bremerton was called to order Wednesday, February 19, 2020, at 5:00 PM in Council Conference Room 603 of the NORM DICKS GOVERNMENT CENTER, 345 6th Street, Bremerton, Washington, with Council President Eric Younger presiding. Council Members present were Mike Simpson, Michael Goodnow, Lori Wheat, Kevin Gorman, Leslie Daugs, and Pat Sullivan. Also present were City Attorney Roger Lubovich; acting City Clerk (Legislative Office Manager) Lori Smith; and Kelly Wells, Information Services. A COUNCIL BRIEFING was held to discuss General Council Business at 5:00 PM in the Council Conference Room. At 5:30 PM the meeting moved to the Meeting Chambers. The Pledge of Allegiance was led by Council Member Leslie Daugs followed by the invocation provided by Deacon Bill Hamlin of Our Lady Star of the Sea Church. MAYOR’S REPORT  Shared that the City of Bremerton was recently ranked the 26th Most Affordable Beach Town in the US; the Bremerton Area was ranked the 10th Most Vibrant Medium Sized Community in the Arts Vibrancy Index Report; and  On behalf of the Bremerton Arts Commission, invited the community to an Open Air Gallery & Dedication of the new artwork selected for the green wall on Thursday, February 20 at 1:30 PM at the intersection of Washington Avenue & the Manette Bridge President Younger announced that Item 7B has been pulled from tonight’s agenda; and will be rescheduled to the Study Session next week for further discussion… PUBLIC RECOGNITION Roy Runyon expressed his disappointed that Item 7B was pulled; and announced that tickets to see political activist Candace Owens at the Historic Roxy Theatre on Saturday, March 14 at 7:00 PM are available through Event Brite. Karen Vargas also expressed her disappointment that Item 7B was pulled. CONSENT AGENDA 5A – Claims & Check Register: Check Numbers 387947 through 388160 and EFT-V20860 through EFT-V20915 in the amount of $2,620,568.84 5B – Minutes of Joint Planning Session – January 25, 2020 5C – Minutes of Council Meeting – February 5, 2020 5D – Minutes of Study Session – February 12, 2020 5E – Purchase of Bluelight Lateral Lining Systems from Hammerhead Trenchless 5F – Professional Services Agreement with HDR Engineering, Inc. for the Preliminary Design of the Northlake Way Culvert Replacement Project 5G – Desk Audit Recommendations for Civil Engineer II Position 5H – Purchase of Safety Components and Equipment for seven (7) Police Patrol Vehicles 5I – Professional Services Agreement with Kennedy Jenks, Inc. for Design of the 2nd Street Stormwater Treatment Plant Project 5J – Goods & Services Agreement with Cummins NW, LLC for a Standby Generator and Automatic Transfer Switch for Booster Station 10 City Council Reg. Mtg. Minutes Wednesday, February 19, 2020 Page 2 of 4 5K – Contract Modification Agreement No. 2 with BHC Consultants, LLC for Sewage Pump Station CW -4 Upgrade and OF-12 Modifications 5L – Fuel Tax Grant Agreement with the Washington State Transportation Improvement Board (TIB) for the Bremerton Sidewalk Gap Improvements Project 5M – Confirm Appointment of Roosevelt Smith to the Arts Commission President Younger thanked Mr. Smith for volunteering to serve on the Arts Commission. Roosevelt Smith shared his family’s history and ties to Bremerton; was very excited to serve on the Arts Commission; and announced that he will be hosting a “Black Americana” Exhibit opening on March 6 at the Kitsap Historical Museum. 05:43:20 M/S/C/U (Sullivan/Daugs) Move to approve the CONSENT AGENDA as presented. Voted in favor of Motion: Sullivan, Daugs, Gorman, Wheat, Goodnow, Simpson, Younger Motion carried unanimously. PUBLIC HEARING 6A – PUBLIC HEARING ON ORDINANCE NO. 5395 ADOPTING THE 2020 PARKS, RECREATION, AND OPEN SPACE PLAN: Jeff Elevado, Parks & Recreation Director explained that the action before City Council is to conduct a public hearing and adopt the 2020 Parks, Recreation and Open Space Plan, which updates the plan adopted in 2014. The process for developing the plan update included two public meetings, discussion at multiple Parks and Recreation Commission meetings, a citizen survey and posting of a draft plan on the City web-site for review and comment. On December 10, 2019 the Parks and Recreation Commission moved to recommend the plan to the City Council for adoption. The State of Washington requires that local jurisdictions maintain a Park, Recreation and Open Space Plan to be eligible for grant funds. President Younger explained the purpose of this Public Hearing is to accept public comment… Questions and comments were made by Roy Runyon; with responses provided by Mr. Elevado and Mayor Wheeler… With no further comments received, President Younger closed the Public Hearing; and opened for discussion with the Council… 05:56:20 Motion was made by Daugs and seconded by Wheat… Comments and questions were provided by Daugs, Wheat; Sullivan, Simpson, and Younger; with responses provided by Mr. Elevado… 06:07:20 M/S/C (Daugs/Wheat) Move to pass Ordinance No. 5395 adopting the 2020 Parks, Recreation & Open Space Plan. Voted in favor of Motion: Daugs, Gorman, Wheat, Goodnow, Sullivan, Younger Voted opposed to Motion: Simpson Motion carried: 6-Yes; 1-No GENERAL BUSINESS 7A – PROFESSIONAL SERVICES AGREEMENT WITH KITSAP COMMUNITY RESOURCES FOR THE CITY OF BREMERTON 2020 WEATHERIZATION AND MINOR HOME REPAIR PROGRAM : Sarah Achaoui, Community Development Block Grant Administrator stated that in the passing of the 2020 Budget the City Council authorized a $100,000 expenditure from the Affordable Housing Capital Fund to Kitsap Community Resources for the Weatherization and Minor Home Repair Program. This program will begin January 1, 2020 and is anticipated to serve approximately 10 to 15 households. City Council Reg. Mtg. Minutes Wednesday, February 19, 2020 Page 3 of 4 Comments from the public were provided by Jeff Alevy, Director for Kitsap Community Resources; and Roy Runyon … Council Member Daugs recused herself due to her service on the KCR Board… 06:12:34 Motion was made by Wheat and seconded by Gorman… Comments and questions were provided by Wheat; with a response provided by Mr. Lubovich… 06:14:36 M/S/C/U (Wheat/Gorman) Move to approve the Professional Services Agreement and Scope of Work for citywide Weatherization and Minor Home Repair with Kitsap Community Resources in the amount of $100,000; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. Voted in favor of Motion: Gorman, Wheat, Goodnow, Simpson, Sullivan, Younger Motion carried unanimously. 7B – ORDINANCE NO. 5394 AMENDING CHAPTER 2.28 OF THE BREMERTON MUNICIPAL CODE ENTITLED “EQUAL EMPLOYMENT OPPORTUNITY PROGRAM” Item pulled… COUNCIL MEMBER REPORTS Michael Goodnow announced that there will be a Town Hall Meeting to discuss the Quincy Square Project on February 20 from 6:00 to 8:00 PM at the Roxy Theatre. Lori Wheat congratulated Roosevelt Smith on being appointed to the Arts Commission; encouraged people to pick up a copy of “Evicted” by Matthew Desmond at the Kitsap Regional Library as part of the One Book, One Community Program; reiterated the Open Air Gallery & Art Panel Dedication on Thursday, February 20; looked forward to the next Monthly Friends of Kiwanis Park Work Party on Saturday, February 22 from 9:00 to 11:00 AM; and expressed appreciation to fellow Council Member Leslie Daugs for being a Complete Census Count Coordinator by announcing she would be her featured guest speaker at the next Community Meeting in District 4 on Saturday, March 7 from 10:30 to 11:30 AM at First Christian Church at 811 Veneta Avenue. Leslie Daugs also welcomed Roosevelt Smith to the Arts Commission; recognized that a Boy Scout was in attendance tonight; looked forward to Ms. Wheat’s Community Meeting; and encouraged people to participate in the US Census. President Younger will be reading “Evicted”; and asked what people can expect during the upcoming Census. Ms. Daugs responded that from March 12 to April 1, people will receive a letter (not to P.O. Boxes) with instructions on how to respond online or on a cellphone, and on April 30, Census Workers will start knocking on doors. With no further business, President Younger adjourned the Council Meeting at 6:22 PM. Prepared and Submitted by: ______________________________ LORI SMITH Legislative Office Manager City Council Reg. Mtg. Minutes Wednesday, February 19, 2020 Page 4 of 4 APPROVED by the City Council on the 4th day of March, 2020. ________________________________________ ERIC YOUNGER, City Council President Attest: ________________________________________ ANGELA WOODS, City Clerk EY:AW:ls:cg AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Minutes of Study Session – February 26, 2020 Study Session Date: N/A COUNCIL MEETING Date: March 4, 2020 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: The Minutes of Study Session held on February 26, 2020 are attached. ATTACHMENTS: Study Session Minutes FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: ☒ N/A STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the February 26, 2020 Study Session Minutes as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/3/17 5C DIGITAL RECORDING CITY COUNCIL STUDY SESSION MINUTES Wednesday, February 26, 2020 A Study Session of the City Council of the City of Bremerton was called to order in the Council Conference Room of the NORM DICKS GOVERNMENT CENTER, 345 6th Street, Bremerton, Washington, Wednesday, February 26, 2020, at 5:00 PM, with Council President Eric Younger presiding. Council Members present were Mike Simpson, Michael Goodnow, Lori Wheat, Kevin Gorman, Leslie Daugs, and Pat Sullivan. Lori Smith, Legislative Office Manager, was present to provide staff support. President Younger emphasized that the Study Session was open to the public but there would be no opportunities for input or participation; and announced that approved items by Council will be placed on the March 4, 2020 Council Meeting Agenda or as indicated. 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 Consent Agenda 3. Professional Services Agreement with Confluence Engineering Group, LLC for Risk and Resiliency Assessment; and Water System Plan Update Support Consent Agenda 4. 2020 Transportation Grants Application Overview – Shane Weber, Managing Engineer, Public Works & Utilities Department Information Only 5. Briefing on 2021–2025 Community Development Block Grant/HOME Consolidated Plan – Sarah Achaoui, CDBG Program Administrator General Business 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 Consent Agenda 7. Amendment No. 1 to Master Services Agreement with Civic Plus to purchase Civic Ready for Website Services Consent Agenda 8. Renewal of 2020 Excess Liability Insurance with Vantapro Specialty Insurance Company; and Excess Workers’ Compensation Insurance with Midwest Employers Causality Company, an underwriting company under W.R. Berkley Corporation Consent Agenda 9. Ordinance No. 5394 amending Chapter 2.28 of the Bremerton Municipal Code entitled “Equal Employment Opportunity Program” General Business President Younger called a recess from 6:20 to 6:27 PM… 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 General Council Business was discussed, including several proposed changes to the City Council Rules & Procedures regarding Invocations at Council Meetings, Quarterly Council District Meetings, and the annual process to elect Council Chairs. City Council Study Session Minutes Wednesday, February 26, 2020 Page 2 of 2 With no further business, President Younger adjourned the Council Study Session at 7:45 PM. Prepared and Submitted by: _________________________________ LORI SMITH, Legislative Office Manager APPROVED by the City Council on the 4th day of March, 2020. ______________________________ Eric Younger, Council President ATTEST: ______________________________ Angela Woods, City Clerk EY:AW:ls:cg 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; and 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 5D 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; and 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 5E 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 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Contract Modification Agreement Study Session Date: February 26, 2020 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 5F 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 to purchase Civic Ready 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 ; and 3) Civic Ready Brochure FISCAL IMPACTS (Include Budgeted Amount): 2020 ($11,046.70). 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 Master Services Agreement with CivicPlus to purchase Civic Ready; 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 5G 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; and Excess Workers’ Compensation Insurance 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 $192,257 for excess liability insurance and $70,058 for excess workers’ compensation. Sufficient funds have been budgeted in the Risk Management Fund for this expenditure for 2020. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the purchase of the 2020 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 5H AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Presentation 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 6A 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 (15% between 2008-2015) •16% are in deteriorating condition (7% 2008- 2015) •7% have depreciated in value (67% b/t 2008- 2015) •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 12 & 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 6B 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 Council District 1 Pat Sullivan Council District 2 Leslie Daugs Council District 4 Lori Wheat Council District 5 Michael Goodnow Volunteers Needed For the City of Bremerton’s Lodging Tax Advisory Committee Please visit www.bremertonwa.gov for details Applications due by 5:00 PM on March 30