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HomeMy WebLinkAbout03/10/2021 STUDY SESSION AGENDA PACKET ______________________________________________________________ th CITY COUNCIL 345 6 Street, Suite 100, Bremerton, WA 98337 Phone (360) 473-5280 * ** A M E N D E D * * * WEDNESDAY, MARCH 10, 2021 CITY COUNCIL STUDY SESSION AGENDA 5:00 PM Via Zoom Webinar To help reduce the spread of COVID-19, the City Council is conducting a Study Session via Zoom Webinar. The Council Conference Room 603 will be closed, and all Council Members and staff will be participating remotely. The Study Session is open to the public to listen in, but there will be no opportunities for input; no action is anticipated; and the content of these items is subject to change. If approved by the Council, these items will be placed on the March 17, 2021 Members of the public are invited to join the Zoom webinar by clicking on the following link: https://us02web.zoom.us/j/81141043833?pwd=TmdzTU0weEd3bFBBREVHT0Q4R2pGUT09 Or iPhone one-tap: US: +12532158782,,81141043833#,,,,*209823#or +16699006833,,81141043833#,,,,*209823# Or Telephone: Dial (for higher quality, dial a number based on your current location): US: +1 253 215 8782or +1 669 900 6833or +1 346 248 7799or +1 301 715 8592 Webinar ID: 811 4104 3833 Passcode: 209823 Public questions or comments may be submitted ahead of time to City.Council@ci.bremerton.wa.us A.BRIEFINGS ON AGENDA ITEMS 1.Resolution authorizing the Use of Electronic Signatures and Electronic Records 2.Resolution approving the Change of Indirect Control of the Wave Division IV, LLC d/b/a Wave Broadband Franchise 3.Interlocal Agreement with Kitsap County for Public Access Television Funding 4. 5.Agreement for Courthouse Security Services for Bremerton Municipal Court 6.Public Works Agreement with Pape & Sons Construction, Inc. for the 6th Street Sewer Replacement Project 7.Grinder Pump System Maintenance Agreement with Correct Equipment, Inc. 8.City of Bremerton Development Staffing Needs for Community Development and Public Works & Utilities Development Engineering ) B.GENERAL COUNCILBUSINESS Audit Committee Briefing (03/02/21 Meeting)Chair Leslie Daugs Race Equity Advisory Committee Briefing (03/07/21 Retreat)Chair Leslie Daugs Other General Council Business C.EXECUTIVE SESSION15-minutes to discuss Potential Litigation as allowed under RCW 42.30.110 (1) (i); Action is anticipated D.ADJOURNMENT OF STUDY SESSION AGENDA BILL CITY OF BREMERTON CITY COUNCIL A1 SUBJECT: Study Session Date: March 10, 2021 Resolution authorizing the Use of Electronic COUNCIL MEETING Date: March 17, 2021 Signatures and Electronic Records Department: Legal Presenter: Melinda Monroe Phone: (360) 473-5306 SUMMARY: The current policy 2-20-6 Electronic Record Policy has been updated to allow for the inclusion of ESSB 6028 and RCW 1.80.170 and defines the use of electronic signature via approved software and procedures. The proposed policy serves to align the City's signature policy with current Washington State law. The updates are: 1) Allow the use of remote electronic signature software and file management for the purpose of executing agreements. 2) Allow the use of remote and electronic notary services. ATTACHMENTS: 1) Resolution No. _______; 2) Contract Process Workflow; 3) Laserfiche Process Workflow; 4) DocuSign Process 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 Resolution No. ______updating the Electronic Record Policy defining the use of electronic signatures; and authorizing the Mayor sign Resolution No. ______into action to implement procedural updates to comply with ESSB 6028 and RCW 1.80.170. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 RESOLUTION NO. ________ A RESOLUTION of the City Council of the City of Bremerton, Washington, authorizing the use of electronic signatures and electronic records in the City of Bremerton. WHEREAS, in RCW 1.80.170, the Washington state legislature to the extent not already authorized by federal or state law, has determined that each governmental agency shall determine whether and to what extent it shall send and accept electronic records and signatures; and WHEREAS, the City has been authorized by the Governmental Proclamations 20-28.2 to waive and suspend any activity that occurs in an in-person setting to prevent further spread of the virus and to meet the related prohibition; and WHEREAS, ESSB 6028 passed by the Washington State Legislature on June 11, 2020 allows that a record or signature may not be denied legal effect or enforceability solely because an electronic record was used in its formation; and WHEREAS, the City of Bremerton has implemented electronic signature software platforms and electronic filing platforms; and WHEREAS, the City of Bremerton has authorized remote work for its employees to comply with Proclamation 20-28.2 and authorized COB Policy 2-20-06 Electronic Records Retention to WHEREAS, the City of Bremerton would like to fully implement its digital signature capability including the option to use remote notary capability; NOW THEREFORE THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The use of Electronic Signature is an authentic means of executing a legally binding agreement, the responsibilities of this action, and the procedures that shall be available to implement a secure execution and maintenance of electronic records. SECTION 2. The City Council hereby adopts the Electronic Signature and Remote Notary Policy attached hereto as Exhibit A. SECTION 3. Severability. If any one or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. SECTION 4. Effective Date. This Resolution shall take effect and be in force immediately upon its passage. Page 1 of 2 Resolution Electronic Signature and Electronic Filing Policy Rev. 10/2018 PASSED by the City Council of the City of Bremerton, Washington this _____ day of March, 2021. KEVIN GORMAN, Council President APPROVED AS TO FORM: ATTEST: ROGER A. LUBOVICH, City Attorney Angela Hoover, City Clerk Page 2 of 2 Resolution Electronic Signature and Electronic Filing Policy Rev. 10/2018 EXHIBIT A CITY OF BREMERTON ELECTRIC SIGNATURE AND REMOTE ELECTRIC DOCUMENT MANGEMENT NOTARYPOLICY POLICY EFFECTIVE DATE: INDEX____APPROVED REVIEW DATE: REVISED DATE: REFERENCESWA ESSB 6028 Uniform Electronic Transactions Act(UETA) 15 U.S.C. Ch. 96 Electronic Signatures in Global and National Commerce Act Washington State Governor's Proclamation 20-28.2 COB Policy 2-20-06 Electronic Records Retention SCOPEAn electronic signature policy, electronic review and filing policy and a remote Notary policyfor the purpose of providing an authentic and efficient procedural process for the use of electronic signaturesand remote notarization of documents. PURPOSEThis policy provides guidelines for the use of electronic signatures: Ithe electronic signature DocuSign.The manner and format in which electronic records must be created, generated, sent, communicated, received, and stored, and the systems established for those purposes. The type of electronic signature required, the manner and format in which the electronic signature must be affected, and the identity of/or criteria that must be met by any third party used by a person filing a document to facilitate the process; and The control processes that will be used to ensure the preservation, disposition, integrity, security, confidentiality, and auditability of electronic records. POLICY DEFINITIONS: Electronic Signature: An electronic symbol applied to a document with the intent of having the symbol act as a signature. Digital Signature:A type of electronic signature with increased certification and trust used for agreements between the City and parties outside the City and for agreements within the City as required by departments. Record:Data that is imprinted on a document that can be retrieved in accordance with local agency retention, preservation, destruction, and Page 1of 4 EXHIBIT A disclosure policies. Wet Signature: A signature created in person when the signer physically marks a document. RESPONSIBILITIES: It is the responsibility of all City of Bremerton employees, elected officials and volunteers to ensure that they adhere to the electronic signature procedures outlined in this policy to provide reasonable assurance of authenticity and accuracy when using electronic documents. ELECTRONIC SIGNATUREPOLICY: 1.The City of Bremertonrecognizes electronic signatures as legally binding and equivalent in nature to wet signatures. 2.The City of Bremerton recognizes that documents may be created in a variety of digital formats including Microsoft Office products, Bluebeam products, and Adobe products and that they may be reviewed and edited via theseand other replacement digital platforms. Additionally, that the communication tools for these documents includesshared internal network locations,email, Laserfiche, and DocuSign. 3.The City of Bremertonauthorizes the electronic signature platform DocuSign, or any replacement electronic signature platform, to be utilized in applying digital signatures to City documents.As well as the use of Adobe-pro digitalsignature capability and Bluebeam digital signature capability for internal approvals and forms. And the City of Bremerton authorizes the use of Laserfiche, or any replacement electronic document filing platform, to be utilized for the secure storage and filing of the City of Bremerton electronic records. 4.The digital signature platform DocuSign or any future replacement electronic signature platform is authorized to apply electronic signatures to any contracts and other documents to which the City ofBremertonis a party, including but not limited to City Council, Boards or Commission actions or meeting minutes, resolutions and ordinances adopted or passed by the City Council, and claim vouchers approved by the City Council. 5.Electronic Digital signatures may be used on City records requiring execution by a third party. 6.Electronic signatures may be applied using other electronic signature tools, such as Adobe, for documents such as internal documents. 7.Electronic Signatures may not be applied using name. Any employee or official applying an electronic signature shall use his or her own name. 8.This policy does not impact the use or legitimacy of wet signatures. The City of Bremerton acknowledges that there are circumstanceswhere federal and/or state law require the use of a wet signature. For that reason,the use of digital signatures isrecommended aspossible but is not a required means of executing an agreement. Page 2of 4 EXHIBIT A ELECTRONIC DOCUMENT REVIEW PROCEDURES: 1. A limited number of individuals are permitted to route documents for internal review and approvals. 2. A designated individual from each department shall upload the document and support documents including internal approval routing forms into the Laserfiche workflow platform or equivalent. 3. The Contracts Administrator, Finance Director or designee, and City Attorney or designee shall review and approve the document according to the appropriate policy and regulations. 4. When all internal reviews are complete the document shall be released to the Contracts Administrator to gather signatures via the Electronic Signature Procedure or if wet signature is required to the originating department and sender to gather and coordinate wet signatures. ELECTRONIC SIGNATURE PROCEDURES: 1. The Contracts Administrator is permitted to route documents for signatures between the City and outside organizations. The Contracts Administrator will work with Department to support electronic signatures with software programs other than DocuSign for internal signature processes. 2. A. If you receive a document from DocuSign that requires an DocuSign email. B. Once the document opens, review the contents of the document fully. Once you are satisfied that you have the authority to sign the document, and that you agree to comply fully with the obligations of the document n to apply your electronic signature to the document. C. You may decline to sign a document, or just not proceed. If you wish assistance you may contact Contracts Administrator or IT. -hand corner to return the signed document to the original sender and Contracts Administrator. ELECTRONIC FILING PROCEDURES: 1. Once the electronic signature process is complete the Contracts Administrator will send the document along with support documents and the DocuSign certification to Laserfiche where it will be filled according to document type and if related to purchasing will receive a contract number or appropriate title and meta data. 2. The Contracts Administrator will also email and notify the originating department that full execution has occurred and provide the contract number or appropriate document title. 3. All parties are able to view documents according to the public records act in the Laserfiche forms or replacement platform. REMOTE NOTARIZATION POLICY: 1. The City of Bremerton recognizes remote notarization as legally binding Page 3 of 4 EXHIBIT A optionand equivalent in nature to electronic notarization and physical notarization. 2.The City of Bremertonauthorizes the use of the remote notarization platform DocuSign in conjunction with the audio-visual platform Zoom to notarize city documents. 3.The remote notarization platform DocuSign and the audio-visual platform Zoom, or any future replacement remote notarization or audio-visual platforms are authorized to remotely notarize any contracts to which the City of Bremertonis a party. 4.Per RCW 42.45.280, a remotely located individual must personally appear for the notarial act using communication technology and must be identified by the notary public using at least twoforms of valid identification. 5.A notary public must have an electronic notary endorsement and remote online notary authority (RON) prior to performing remote notarial acts. 6.A notary public must retain an audio-visual recording of the notarial act as outlined in RCW 42.45.280. 7.Per WAC 308-30-220, the maximum fee that a notary may charge for witnessing or attesting to a signature, taking an acknowledgement or a verification upon oath or affirmation, certifying or attesting a copy, administering anoath or affirmation or certifying that an event has occurred, or an act has been performed is $10. 8.This policy does not impact the use or legitimacy of electronic or physical notarization. REMOTE NOTARIZATION PROCEDURES: 1.A. Apply for remote online notary authority (RON) by sending an email to the Washington Department of Licensing notary group at notaries@dol.wa.gov and in the body of the email include your name, your notary license number, and the date that you applied for the electronic notary endorsement. 2.A. The online notarization process starts when a sender prepares a DocuSign envelope to send to the signer and the notary. B.After receiving the envelope, the notary schedules a remote audio-visual conferencing session with the signer through Zoom. C.When the Zoom session begins, the notary will start recording the session by utilizing the record button on the Zoom toolbar located at the bottom of the screen. D.Oncethe Zoom recording has begun, the notary will confirm the identity of the signer. screen and then will begin the signing portion of the process by Contract Process with City Council Approval ATTACHMENTS Laserfiche Workflow Basic DocuSign Process Basic Page 4of 4 g n (Notify i d l u a l v c ). o n r i p w p o A l f l i k c r n o Terms are still subject to negotiation u vendor for award. W Identified purchase/draft o parties. - s C solicitation and/or contract 1 t y c this is a proposed template agreement and nonbinding until fully executed by the t a i r Send documents to vendor for approval Complete procurement process and select a C t - - 3 2 vendor that n o C e d h : c e i r w f i r l e u i e a q v s n ee i a FRLR signatures Municode (if applicable) prior legal review number) Send Vendor approved documents back to Legal approves the contract; the department - uploads the legal approved documents into Once approved by the Council and/or legal, the - 1 legal via Laserfiche for final review (include the 2- contract and Agenda Bill into Docusign to gather Contracts Administrator will unload the approved 3 bƚǞ ǞŷğƷ ŷğƦƦĻƓƭͪ contract number route requests to emails provided Once everyone has signed notification is - The Contract Admin places signature lines on 9 The Contract Admin uploads the contract and - - document is sent to Laserfiche and assigned a provided to the Contract Admin and the signed 8 Now what happens? 7 all review and support documents into Docusign the contract and the Docusign software starts to to City Council for approval Contract is sent via Municode signatures If Contract is filed in bill and sends to approved by legal CA collects agenda DocuSign to collect and City Council and number in notes. Laserfiche Contract is finance and legal for review and signature. Input the green sheet Contract is sent via Laserfiche to Contract Process Workflow with City Council Approval drafting process drafted otherwise go back to Purchase is for approval. If vendor approves then it is ready procurement Contract is sent to Vendor for reviews and signature; Contract is identified and process is started 2/5/2021 e r u t a City Council Approval on the most current version of the agreement if over $25,000Evidence that legal has approved the agreement language and form n g i s r o f d e d e e n s Any associated support documents such as approved proof of insurance, signed Bonds, or required bid response forms.Evidence that finance has confirmed the budgetary approval for this item m e t I : t s i l k c e h C s t c s Negotiated Contract where both the vendor and the City of Bremerton agree to the terms. Evidence of departmental approval (internal routing form)Vendor signatory name, title and email or verification that they will sign a hard copy and scan it to us s a r e t c n o o r Cp \[ğƭĻƩŅźĭŷĻ ǞƚƩƉŅƌƚǞ Ώ Laserfiche routing to DocuSign basic Step 1:Login into you Laserfiche account. Go http://cobapp-lf/Forms/ Step 2:Select start process Step 3: Enter your Basic Contract information - fields are fillable and have drop downs Step 4: Enter your Contracts Details. Upload the contract documents. You are allowed to upload up to 5 documents. Step 5: Vendor Signature - you can add the vendor signatory information here or if not known you can add the If the vendor has already signed scan and upload the vendor signed documents Step 6: Submit The contract is routed to the Contracts Administrator for an initial review of the submission; once approved it moves on to the Finance Director approval; it is then approved and moves onto legal review. Once you receive legal review and approval, the Contracts Administrator will send it to DocuSign for final DocuSign Process After the completing the draft of the contract and completion of the Laserfiche review process it is time to collect signatures. Step 1: Determine if a digital signature is appropriate (this is completed by the originator of the document - or at the department level). 1. Does this document need to be recorded by the County Auditor? If yes DocuSign is not appropriate currently. 2. Does this document need to be notarized? If yes, DocuSign is not appropriate currently. 3. Ask the other party if they can use DocuSign to execute the document? o If yes, then move on to Item 4. o If no, ask if they can sign and scan the original as well as send the hardcopy to you. 4. Once you have taken the document through the Laserfiche review process and have approval from all appropriate levels via the Laserfiche process: Department Finance Legal City Council Step 2: It is time to collect signatures - this is done by the Contracts Administrator 1. The Contracts Administrator will receive notice via the Laserfiche process that legal has approved the document/contract. The contracts administrator will collect the approved City Council form (if applicable) from Laserfiche. 2. The Contracts Administrator will upload the documents and approvals into DocuSign via the Laserfiche DocuSign workflow process. 3. The Contracts Administrator will: a. Arrange documents in appropriate order and ensure that none are missing. b. Verify the location of all signature line items c. Ensure all signatory email and data is collected d. Load and place signature line items. e. Track the collection of signatures and send updates notices and requests as needed. 4. Once all signatures are collected email notices out to the originating department and send the appropriate documents to Laserfiche for filling by document type. And ensure that the Contract numbers are sent to the originating departments. AGENDA BILL CITY OF BREMERTON CITY COUNCIL A2 SUBJECT: Study Session Date: March 10, 2021 Resolution approving the Change of Indirect COUNCIL MEETING Date: March 17, 2021 Control of the Wave Division IV, LLC d/b/a Department: Finance Wave Broadband Franchise Presenter: Melinda Monroe Phone: (360) 473-5306 SUMMARY: November 30, 2020 Wave Cable submitted a notice of Transfer of Control of their Parent Company Wave Division IV, LLC/d/b/a Wave Broadband. The Wave Division Broadband Franchise will continue to be held by the same legal entity that holds this Broadband Franchise today. However, it will operate under the ultimate ownership and indirect control of StonePeak Infrastructure Partners. The new controlling company, Stone Peak Infrastructure Partners ("StonePeak") has no current plans to change local operations or structure of the operations or services offered. It is however expected to make additional resources available to Bremerton with which it can enhance its network and improve services in the City of Bremerton. Per section 15.1(A) of the current franchise the City Council is required to approve this transfer via resolution. ATTACHMENTS: Resolution No. _______ 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 Resolution No. ______ a pproving the Change of Indirect Control of the Franchisee under the Cable Television Franchise; and authorizing the Mayor to sign Resolution No. ______into action to implement procedural updates to comply with Section 15.1 of the Franchise Agreement. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 RESOLUTION NO. ________ A RESOLUTION of the City Council of the City of Bremerton, Washington, approving the change of indirect control of the franchise under the Cable Television Franchise. WHEREAS, WaveDivision IV, LLC d/b/a Wave Broadband ("Franchisee") owns, operates and maintains a cable television system (the "System") in the City of Bremerton pursuant to a cable television franchise ("Franchise") granted by the governing body of the City of Bremerton (the "Franchise Authority"), and Franchisee is the current duly authorized holder of the Franchise; and WHEREAS, pursuant to an Agreement and Plan of Merger ("Agreement"), funds associated with Stonepeak Infrastructure Partners ("Acquiror"), a Delaware limited liability company, will purchase 100% of the membership interests of Radiate Holdings, L.P., a Delaware limited partnership, (which owns 100% of the indirect ownership interests in Franchisee), and, as a result, the indirect control of Franchisee will change (the "Change of Control"); and WHEREAS, Franchisee and Acquiror have requested the consent of the Franchise Authority to the Change of Control in accordance with the requirements of the Franchise, have filed an FCC Form 394 with the Franchise Authority, and have provided the Franchise Authority with all information necessary to facilitate a decision by the Franchise Authority (the "Application"); and WHEREAS, the Franchise Authority has reviewed the Application, examined the legal, financial and technical qualifications of Acquiror, followed all required procedures in order to consider and act upon the Application, considered the comments of all interested parties, and finds Acquiror to be suitable to indirectly control Franchisee; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The Franchise Authority hereby accepts the Application and consents to the Change of Control, all in accordance with the terms of the Franchise and applicable law. SECTION 2. The Franchise Authority confirms that the Franchise is valid and outstanding and in full force and effect and there are no defaults under the Franchise. Subject to compliance with the terms of this Resolution, any action necessary with respect to the Change of Control has been duly and validly taken. SECTION 3. This Resolution shall have the force of a continuing agreement with Franchise and Acquiror, and Franchise Authority shall not amend or otherwise alter this Resolution without the consent of Franchise and Acquiror. Page 1 of 2 Change of Indirect Control WaveDivision IV, LLC Franchise SECTION 4. Severability. If any one or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. SECTION 5. Effective Date. This Resolution shall take effect and be in force immediately upon its passage. PASSED by the City Council of the City of Bremerton, Washington this _____ day of __________________, 20____. KEVIN GORMAN, Council President APPROVED AS TO FORM: ATTEST: ROGER A. LUBOVICH, City Attorney ANGELA HOOVER, City Clerk Page 2 of 2 Change of Indirect Control WaveDivision IV, LLC Franchise AGENDA BILL CITY OF BREMERTON CITY COUNCIL A3 SUBJECT: Study Session Date: March 10, 2021 Interlocal Agreement COUNCIL MEETING Date: March 17, 2021 with Kitsap County for Public Access Department: Finance Television Funding Presenter: Jon Rauch Phone: (360) 473-5012 SUMMARY: Kitsap County provides P.E.G. Funding annually to BKAT to support Capital purchases. The current contract has expired. This is a new contract for a five (5) year period, 2021 - 2025. The City shall receive funds from the County totaling $178,700.00 over the next five (5) years. ATTACHMENTS: BKAT Kitsap County PEG Funds Agreement FISCAL IMPACTS (Include Budgeted Amount): $178,700.00 STUDY SESSION AGENDA: Limited Presentation Full Presentation STUDY SESSION ACTION: Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Move to approve Interlocal Agreement with Kitsap County for Public Access Television Funding; 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 INTERLOCAL AGREEMENT BETWEEN KITSAP COUNTY AND THE CITY OF BREMERTON FOR PUBLIC ACCESS TELEVISION FUNDING This agreement is made and executed by and between Kitsap County (hereinafter referred to as the "County") and the City of Bremerton, a municipal corporation (hereinafter referred to as the "City") pursuant to Chapter 39.34 RCW. WHEREAS, the County and City each have the authority and responsibility to issue and oversee cable television franchise agreements; WHEREAS, Federal law allows cable television franchise authorities to require channel capacity for public/education/government programming access; and WHEREAS, the City and County cable television franchises provide that certain payments shall be made by the franchisees to support the public, educational, and government access channels (PEG fees); and WHEREAS, the County and City have previously executed agreements, which established the City of Bremerton as the entity responsible for the management and operation of the public/education/government access channel and community access center for video productions through WHEREAS, the Funding Agreement by and between the County and City related to BKAT- executed on May 6, 2011, and as subsequently amended and extended on December 14, 2015, will expire on December 31, 2020 and is in need of replacement; and WHEREAS, public access television serves a base need for public, education, and governmental programming in the City of Bremerton and throughout Kitsap County; and WHEREAS, the County and City have determined that they will provide support for public, education, and government access television through the dedication of certain PEG fees; NOW THEREFORE in consideration of the mutual covenant contained herein, it is hereby agreed as follows: SECTION 1. DEFINITIONS 1.1 Access Channel or Public, Educational, or Governmental Access (PEG) Channel means any channel or portion of a channel utilized for non-commercial programming where any member of the general public or any organization may be a user. 1.2 Bremerton Kitsap Access Television (BKAT) means the program, facilities and services provided by the City under this funding agreement. 1.3 Capital Funding means all funds received from the holding of a Franchise Agreement with a cable company and to be used for the purpose of funding equipment and facilities in support of on-air public education and government programming. 1.4 Channel means a portion of the digital or electromagnetic frequency spectrum which is used in a cable system and which is capable of delivering a television channel. Page 1 of 9 1.5 Franchise or Franchise Agreement means all franchise agreements with cable companies, including all referenced material, adopted in the appropriate manner by the City of Bremerton and Kitsap County. 1.6 PEG Fees mean funds provided to the City and County via revenue collected from their respective Cable Franchises for the purpose of funding Public, Educational, or Governmental Access Channels pursuant to 47 CFR 76.1505. 1.7 User(s) means any person, organization, institution, business, or group of persons representing such organization or business who use services or resources provided by BKAT or provide programming for cablecast on the access channels. SECTION 2. CITY 2.1. Annual Reports. Prior to June 15 of each year, the City shall submit to the County the following information in paper form: A. Statistics on programming and services provided in the preceding year (January 1 December 31). B. Current and complete listing of Public Access Advisory Committee members. C. Current and complete schedule of rates and charges for PEG access related activities. D. A summary of formal user and viewer complaints or comments along with BKAT responses from the preceding year (January 1 December 31). E. year. F. Unaudited financial reports for BKAT for the preceding year (January 1 December 31). G. Annual report identifying funding support from PEG fees and support contracts for Bremerton Kitsap Access Television (BKAT). H. Minutes from BKAT Advisory Board Meeting beginning for the January 2021 meeting and provided each meeting occurrence on an annual basis for the duration of the agreement. I. Network status report describing service interruptions,' duration of outages, and cable company response and follow-up. 2.2. Channels Open to Public. The City agrees to keep the access channel(s) open to all potential users, subject to FCC regulations, the Cable Communication Policy Act of 1992, and other relevant laws. Neither the City, County, nor the cable company(s), shall have the authority to control the content of programming placed on the public access channel(s) so long as such programming is lawful. Provided that, nothing herein shall prevent the City, County or cable company(s) from producing or sponsoring programming, prevent the City, County, or cable company(s) from underwriting programming, or prevent the City, County or cable company(s) from engaging in activities designed to promote production of certain types of programming or use by targeted groups as consistent with applicable law and rules for use of channels. BKAT may promulgate and enforce policies and procedures which are designed to promote local use of the channel(s) and make the programming accessible to the viewing public, consistent with such time, manner, and place regulations as are appropriate. 2.3. Copyright Clearance. Before cablecasting video transmissions, the City shall require all Users to agree in writing that they have obtained all rights to all material cablecast and/or Page 2 of 9 clearances from broadcast stations, networks, sponsors, music licensing organizations representative and without limitation from the foregoing, and any and all other persons as may be necessary to transmit program material over BKAT authorized channels unless such clearance is otherwise provided by the cable company(s). The City shall maintain copies of all such user agreements consistent with Section 2.6 of this Agreement and applicable records retention laws. 2.4. Distribution Rights. The City shall require that all programs produced with funds, equipment, facilities, or staff granted under this Agreement shall be distributed on the PEG channels. This Section shall not he interpreted to restrict other distribution, so long as such distribution is consistent with the rules and procedures governing such which shall be promulgated by BKAT and filed with the City and County. 2.5. Equipment. The City shall be responsible for maintenance of all equipment owned, leased, or loaned to it under this Agreement or purchased with funds provided pursuant to this Agreement. 2.6. Records. 2.6.1. The City will maintain adequate records and information to demonstrate that funds received from the County pursuant to this Agreement are used for capital expenditures or debt service payments on debt issued to pay for capital expenditures. 2.6.2. The City shall provide a quarterly budget status report available online at the City website or in the absence of an online report being available the City will provide such report directly to the County. 2.6.3. Audit and Record Retention. The City and its Personnel shall retain all books, documents, and records relating to performance of the Agreement and Services provided in connection with this Agreement for six (6) years after completion of the Agreement or longer if requested by the County. All records shall be subject to inspection and audit by the County. Upon request, the City shall promptly make available to County a legible copy of all books, documents, and records at no cost to County. 2.7. Services. City shall manage the following access services: A. Operate the Access Channels Public, Education, and Government. Operate the public, educational, and government access channel(s) provided by cable companies to the County for community access programming purposes in a manner which is in compliance with applicable laws, rules, regulations, and City and County franchise ordinances, with the primary purpose being to administer, coordinate, and assist those requesting access on a non-discriminatory basis. B. Operate a Community Access Center. Manage a video production facility and equipment which shall be available for public use at such hours and times as are determined by the City. Access to equipment and facilities shall be open to all those who satisfactorily complete training class(es) provided by BKAT or who receive a certification from BKAT, identifying said user(s) as having satisfied training requirements through means other than BKAT training classes. Page 3 of 9 C. Provide Equal Access. Provide access to the use of the equipment, facilities, channels, and services provided hereunder on a non-discriminatory basis to all members of the community for non-commercial programming purposes, whether individuals, groups, or organizations on a first-come, first-served non-discriminatory basis, pursuant to operating rules promulgated by BKAT. D. Establish and Maintain Operating Policies and Procedure. Develop policies and guidelines for use and operation of access equipment, facilities, and channel(s) and file such policies, procedures, and rules with the City and County. F. Promotion. Actively promote the use and benefit of the public, educational, and government access channel(s) and facilities to cable subscribers, the public, access users, and the cable companies. G. Training. Train interested residents in the techniques of video production and provide technical advice in the execution of productions when requested. H. Other Activities. Based upon available funding, undertake other public, educational, and government access programming activities and services as deemed appropriate by the City and consistent with the obligation to facilitate and promote access programming and provide non-discriminatory access. I. Technical Standards. BKAT shall develop technical standards as a part of its operating rules and procedures. A decision, if any, to not cablecast a program due to technical problems shall in no way involve consideration of the actual content of the program itself. The City or County will not be held responsible for technical problems under control of the cable system. J. Charges for PEG Access Facilities, Equipment, Training, or Cablecast Time. The purpose of PEG access is to allow members of the community within the Service Area to communicate their activities, opinions, and ideas without interference or censorship. However, the City may find it necessary to charge a fee for use of facilities, equipment, cablecast time, or training. These fees will be limited to that which is necessary to cover operating costs of providing those services and facility use including a provision for administrative and overhead costs. Such fees shall not be used to interfere with or censor a user who seeks to produce PEG access programming. The City will also establish a process to enable individuals without sufficient funds to use equipment, facilities, cablecast time, or to receive training. K. Emergencies/Disasters. Access shall be provided to the broadcast facility for City and County broadcasting of public information during periods of local disasters and public emergencies. L. Public Service Notices. Provide equal access to County subscribers who are affiliated with government, education, or nonprofit organizations, to post public service announcements using a character generator. SECTION 3. RESPONSIBILITIES 3.1. Annual Reports. By June 15 of each the County shall submit to the City the following Page 4 of 9 informationin paper form: A. A summary of formal user and viewer complaints or comments along with County responses from the preceding year (January 1 December 31). B. Network status report describing service interruptions,' duration of outages, and cable company response and follow-up. C. A copy of Cable companies Annual Report submitted to the County from previous year. 3.2. Facilities. The County shall provide and the City shall use the facilities at 7266 Tibardis Rd. NW, Bremerton Washington for the use of BKAT for public access purposes consistent with the separate facilities agreement executed by the Parties. 3.3. Funding. The County shall pay to the City $178,700.00 from fees by the cable companies to support public access, public education, and government access channels (PEG Fees) for the purchase of capital equipment as outlined in Addendum A: BKAT Capital Equipment Funding Plan. The City shall spend funds received from the County pursuant to this Agreement for equipment based on the attached Addendum A. Based on Addendum A, payment will be made by the County to the City as follows: $35,300.00 by April 30, 2021, $60,000.00 by April 30, 2022, $18,000.00 by April 30, 2023, $53,500.00 by April 30, 2024, and $11,900.00 by April 30, 2025. SECTION 4. TERM AND EFFECTIVE DATE 4.1 The Agreement will become effective on January 1, 2021 and terminate on December 31, 2025, unless terminated or extended. SECTION 5. TERMINATION OF AGREEMENT 5.1. For Convenience. The County or City shall have the right upon one hundred eighty (180) days written notice to the other party to terminate this Agreement without cause. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. 5.2. For Funding issues. If any funding is not available, withdrawn, reduced, or limited in any way, or if additional or modified conditions are placed on the funding after the Agreement becomes effective, County may terminate the Agreement. SECTION 6. COPYRIGHT AND OWNERSHIP 6.1. The City and County shall own the copyright of any programs which they may choose from time to time to produce. Copyright of programming produced by the public shall be held by such person(s) who produces said programming. 6.2. The City and County each shall own all equipment acquired directly by each entity prior to this Agreement and furnished to BKAT for the purposes of providing public, educational, and government access channel(s). All other property acquired prior to the effective date of this Agreement shall be the property of the City. Equipment or facilities purchased with funds received pursuant to this Agreement shall become the property of the City and County upon termination or non-renewal of this Agreement proportionate to their share of revenues contributed pursuant to this Agreement. Page 5 of 9 SECTION 7. INSURANCE The County and City shall maintain, throughout the term of this Agreement, insurance adequate to protect both parties against claims that may arise as a result of the performance of this Agreement. Such insurance shall be placed with responsible insurers, self-insured, or carried through participation in an insurance pool at levels of coverage adequate to protect the County and the City against loss, and as ordinarily carried by municipalities engaged in similar operations. Upon request of the other party, County and City shall provide evidence of liability coverage. SECTION 8. INDEMNIFICATION The County and City shall each indemnify, defend, and hold the other harmless from and against any and all claims, suits, actions, causes of action, losses, damage, or liabilities arising or resulting from any alleged negligent or intentional acts or omissions arising out of the performance or non- performance of their respective responsibilities as set out in this agreement. SECTION 9. GOVERNING LAW AND VENUE The Agreement will be governed in all respects by the laws of the State of Washington, both as to interpretation and performance, without regard to conflicts of law or choice of law provisions. Any action arising out of or in connection with the Agreement may be instituted and maintained only in a court of competent jurisdiction in Kitsap County, Washington or as provided by RCW 36.01.050. SECTION 10. ADMINISTRATION AND NOTICE 10.1. Administration. The following individuals are designated as representatives of the respective parties. The representatives shall be responsible for administration of this Agreement and for coordinating and monitoring performance under this Agreement. A party shall notify Where representative at the address listed: County Representative Department of Information Services Director of Financial Services Director Kitsap County City of Bremerton 614 Division Street MS-21 345 6th Street, Suite 100 Port Orchard, Washington 98366 Bremerton, WA 98337 10.2. Notice. Any notices, demands and other communications required by the Agreement will be effective if personally served upon the other party or if mailed by registered or certified Representative at the address below. Notice may also be given by facsimile with the original to follow by regular mail. Notice will be deemed to be given three (3) days following the date of mailing, or immediately if personally served. For service by facsimile, service will be effective at the beginning of the next working day. SECTION 11. NONDISCRIMINATION The Parties in performance of this Agreement shall not discriminate against any person on the Page 6 of 9 basis of race, color, creed, religion, national origin, age, sex, marital status, sexual orientation, veteran status, disability, or other circumstance prohibited by federal, state, or local law, and shall comply with Title VI of the Civil Rights Act of 1964, P.L. 88-354 and Americans with Disabilities Act of 1990 in the performance of the Agreement. SECTION 12. INDEPENDENT CONTRACTOR For all purposes, each party will act in its individual capacity and not as an agent, employee, partner, joint venture, or associate of the other. An employee, agent, or subcontractor of one party shall not be deemed or construed to be the employee, agent or subcontractor of the other for any purpose whatsoever including responsibility for any federal or state tax, industrial insurance, or social security liability. SECTION 13. GENERAL PROVISIONS 13.1. Implied Agreement Terms. Each provision of law and any terms required by law to be in the Agreement are made a part of the Agreement as if fully stated in it. 13.2. Headings/Captions. Headings and captains used are for convenience only and are not a part of the Agreement and do not in any way limit or amplify the terms and provisions hereof. 13.3. No Party the Drafter. The Agreement is the product of negotiation between the parties, and no party is deemed the drafter of the Agreement. 13.4. Amendment. No amendment or modification to the Agreement will be effective without the prior written consent of the authorized representatives of the parties. 13.5. Assignments. Except with the prior written consent of the other party, each party shall not assign or transfer, including by merger (whether that party is the surviving or disappearing entity), consolidation, dissolution, or operation of law any right, duty, obligation, or remedy under the Agreement. Any purported assignment or transfer in violation of this section shall be void. 13.6. No Third-Party Beneficiary. No provision of the Agreement is intended to, nor will it be construed to, create any third-party beneficiary or provide any rights or benefits to any person or entity other than the County and the Agreement. 13.7. Severability. If a court of competent jurisdiction holds any provision of the Agreement to be illegal, invalid, or unenforceable, in whole or in part, the validity of the remaining enforced as if the Agreement did not contain the particular provision held to be invalid. If any provision of the Agreement conflicts with any statutory provision of the State of Washington, the provision will be deemed inoperative to the extent of the conflict or modified to conform to statutory requirements. 13.8. Counterparts. The Agreement may be executed in several counterparts, each of which will be deemed an original, but all of which together will constitute one and the same agreement. Page 7 of 9 13.9.Entire Agreement. The parties acknowledge the Agreementis the product of negotiation between the parties and represents the entire agreement of the parties with respect to its subject matter. All previous agreements and representations, whether oral or written, entered into prior to this Agreement are hereby revoked and superseded by the Agreement. 13.10. Authorization. Each party signing below warrants to the other party, that they have the full power and authority to execute this Agreement on behalf of the party for whom they sign. CITY OF BREMERTON BOARD OF COUNTY COMMISSIONERS KITSAP COUNTY, WASHINGTON GREG WHEELER, Mayor ROBERT GELDER, Chair APPROVED AS TO FORM: EDWARD E. WOLFE, Commissioner Roger A. Lubovich, City Attorney CHARLOTTE GARRIDO, Commissioner ATTEST: Dana Daniels, Clerk of the Board Page 8 of 9 2025 - 2021 9 of 9 Page ADDENDUM A: BKAT CAPITAL EQUIPMENT FUNDING PLAN AGENDA BILL CITY OF BREMERTON CITY COUNCIL A4 SUBJECT: Study Session Date: March 10, 2021 Amendment to Courthouse Security COUNCIL MEETING Date: March 17, 2021 Services Contract with Kitsap County Department: Municipal Court Presenter: Dawn Williams Phone: (360) 473-5242 SUMMARY: The amended cOffice for Court Security Services to provide security services at 550 Park Avenue, Bremerton. This amendment is to cover the term of January 1 March 31, 2021, at which time the County is discontinuing all contracted security services. ATTACHMENTS: Contract Amendment Office FISCAL IMPACTS (Include Budgeted Amount): $18,500.00 plus the cost of the replacement officer. This amount has already calculated into the budget. STUDY SESSION AGENDA: Limited Presentation Full Presentation STUDY SESSION ACTION: Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Move to approve the amended c Office for Courthouse Security Services; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 AGENDA BILL CITY OF BREMERTON A5 CITY COUNCIL Updated SUBJECT: Study Session Date: March 10, 2021 Agreement for Courthouse Security Services COUNCIL MEETING Date: March 17, 2021 with Merchant Patrol Security Services for Department: Municipal Court Bremerton Municipal Court Presenter: Dawn Williams Phone: (360) 473-5242 SUMMARY: The Bremerton Municipal Court is entered a new contract with Merchant Patrol Security Services to provide Court Security Services for the courthouse at 550 Park Avenue. The County notified the Court in February of their intent to cancel all contracted security services as of March 31, 2021. The court is currently requesting bids from potential companies. The cutoff date is March 5, 2021. The anticipated term of the new contract is set to begin on April 1, 2021 and will run through December 31, 2022. ATTACHMENTS: Contract Agreement between the Bremerton Municipal Court and Merchant Patrol Security Services To be available as part of March 17 Council FISCAL IMPACTS (Include Budgeted Amount): The Court budget has funds allocated for security. STUDY SESSION AGENDA: Limited Presentation Full Presentation STUDY SESSION ACTION: Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Move to approve the contract between the Bremerton Municipal Court and Merchant Patrol Security Services for Court Security Services; and authorize the Mayor to finalize 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 AGENDA BILL CITY OF BREMERTON A6 CITY COUNCIL SUBJECT: Study Session Date: March 10, 2021 Public Works Agreement with Pape & Sons COUNCIL MEETING Date: March 17, 2021 th Construction, Inc. for the 6 Street Sewer Department: Engineering Replacement Project Presenter: Bill Davis Phone: (360) 473-2312 SUMMARY: The work consists of replacing approximately 425 LF of existing 8-inch sanitary sewer with new 8-inch PVC sewer pipe, installing 3 sanitary sewer manholes, associated flow diversion, disconnecting and reconnecting sewer laterals, traffic control, and surface restoration. The project is th located along 6 Street between Warren Avenue and Pacific Avenue and is being completed ahead th of the upcoming 6 Street preservation project. Requests for bids were sent to contractors selected from the Municipal Research and Services Center (MRSC) Small Works Roster. Five (5) bids were received. Bids were opened on February 24, 2021. The lowest responsive, responsible bidder was Pape & Sons Construction, who submitted a bid in the amount of $271,944.10 including sales tax. ATTACHMENTS: 1. Contract 2. Project Vicinity Map 3. Bid Tabulation FISCAL IMPACTS (Include Budgeted Amount): The work is fully funded in the 2021 Wastewater Capital Budget. STUDY SESSION AGENDA: Limited Presentation Full Presentation STUDY SESSION ACTION: Consent Agenda General Business Public Hearing RECOMMENDED MOTION: th Move to award the contract for the 6 Street Sewer Replacement to Pape & Sons Construction; 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 PUBLIC WORKS AGREEMENT THIS AGREEMENT is entered into between the City of Bremerton, a Washington Municipal Corporation (“City”), and Pape & Sons Construction, Inc.(“Contractor”), whose mailing address is 9401 Bujacich Road, Suite 1A, Gig Harbor, WA 98332. The parties agree as follows: 1.CONTRACTOR SERVICES. The Contractor shall perform the following th services for the Citydescribed in the Bid Documents titled: 6Street Sewer Replacement 2.TIME OF COMPLETION. Contractor shall complete the work within 50 calendar days from the date of issuance of the City’s Notice to Proceed. 3.COMPENSATION. The City shall pay the Contractor the total amount of $271,944.10, plus any applicable Washington State Sales Tax, for the work and services contemplated in this agreement. The Contractor shall invoice the City monthly. The City will pay for the portion of the work described inthe invoice that has been completed by the Contractor and approved by the City. The City payment shall not constitute a waiver of the City’s right to final inspection and acceptance of the project. A.Performance Bond. Pursuant to Chapter 39.08 RCW, the Contractor shall provide the City a performance bond for the full contract amount to be in effect until thirty (30) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue and the State Department of Labor and Industries and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. B.Retainage. The City shall hold back a retainage in the amount of five percent (5%) of any and all payments made to contractor for a period of thirty (30) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue and the State Department of Labor & Industries and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. C.Defective or Unauthorized Work. TheCity reserves its right to withhold payment from Contractor for any defective or unauthorized work. Defective or unauthorized work includes, without limitation: work and materials that do not conform to the requirements of this agreement; and extra workand materials furnished without the City’s written approval. If Contractor is unable, for any reason, to satisfactorily complete any portion of the work, the City may complete the work by contract or otherwise, and Contractor shall be liable to the City for any additional costs incurred by the City. “Additional costs” shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Contract price specified above. The City further reserves its right to PUBLIC WORKS AGREEMENT – Page 1 of 8 (between City of Bremerton and Pape & Sons Construction, Inc.) deduct the cost to complete the Contract work, including any Additional Costs, from any and all amounts due or to become due the Contractor. D.Final Payment: Waiver of Claims . THE MAKING OF FINAL PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL PRECLUDE ALL CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY CONTRACTOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. 4.INDEPENDENT CONTRACTOR.Contractor is and shall be at all times acting as an independent contractor and not as anemployee of the City. The Contractor shall secure at its expense, and shall be responsible for all payments of income tax, social security, state disability insurance compensation, unemployment compensation, and all other payroll deductions for the Contractor, officer, agents, employees and sub-contractors. The Contractor shall also secure all applicable business licenses, if required, in connection with the contract services, including all required licenses for Contractor's officers, agents, employees and sub- contractors. 5.TERMINATIONAND LIQUIDATED DAMAGES.The City may terminate this agreement for good cause. “Good cause” shall include, without limitation, any one or more of the following events: A.The Contractor’s refusal or failure to supply a sufficient number of properly skilled workers or proper materials forcompletion of the Contract work. B.The Contractor’s failure to complete the work within the time specified in this agreement. C.The Contractor’s failure to make full and prompt payment to sub- contractors or for material or labor. D.The Contractor’s persistent disregard of federal, state or local laws, rules or regulations. E.The Contractor’s filing for bankruptcy or becoming adjudged bankrupt. If the City terminates this agreement for good cause, the Contractor shall not receive any further moniesdue under this agreement until the Contract work is completed. The Contractor shall obtain Substantial Completion of the Work within the contractual time period established in Paragraph 2 of this Agreement. If the Work is not completed by the contractualSubstantial Completion date plus any time extensions, the Contractor shall pay liquidated damages in the amount of $500 per work day until Substantial Completion is obtained. PUBLIC WORKS AGREEMENT –Page 2of 8 (between City of Bremerton and Pape & SonsConstruction, Inc.) 6.PREVAILING WAGES.Contractor shall file a “Statement of Intent to Pay Prevailing Wages” with the State of Washington Department of Labor & Industries prior to commencing the Contract work. Contractor shall pay prevailing wages and comply with Chapter 39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate provisions. The latest prevailing wage rate revision issued by the Department of Labor and Industries is attached. 7.CHANGES.The City may issue a written work change directive for any change in the Contract work during the performance of this agreement.If the Contractor determines, for any reason, that a change order is necessary, Contractor must submit a written change order request to the City’s project manager within two (2) business days of the date the Contractor knew or should have known of the facts and events giving rise to the requested change.If the City determines that the change increases or decreases the Contractor’s costs or time for performance, the City will make an equitable adjustment.The City will attempt, in goodfaith, to reach agreement with the Contractor on all equitable adjustments.However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate.The Contractor shall proceed with the change order work upon receiving a written work change directive or change order fromthe City.If the Contractor fails to require a change order within the time allowed, the Contractor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work.If the Contractor disagrees with the equitable adjustment the Contractor must complete the change order work; however, the Contractor may elect to protest the adjustment as provided below: A.Procedure and Protest by the Contractor.If the Contractor disagrees with anything required by a work change directive or change order, including any direction, instruction, interpretation, or determination by the City, the Contractor shall: 1.Immediately give a signed written notice ofprotest to the City; 2.Supplement the written protest within fourteen (14) calendar days with a written statement that provides the following information: a.The date of the Contract’s protest. b.The nature and circumstances that caused the protest. c.The provisions in this agreement that support the protest. d.The estimated dollar cost, if any, of the protested work and how that estimate was determined. e.An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. The Contractor shall keep complete records of extra costs and time incurred as a result of the protested work. The City shall have access to any of the Contractor’s records needed for evaluating the protest. PUBLIC WORKS AGREEMENT –Page 3of 8 (between City of Bremerton and Pape & SonsConstruction, Inc.) 3.The City will evaluate all protests, provided the procedures in this section are followed. If the City determines that a protest is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for aninvalid protest. B.Contractor’s Duty to Complete Protested Work. In spite of any protest, the Contractor shall proceed promptly with the work as the City has ordered. C.Contractor’s Acceptance of Changes. The Contractor accepts all requirements of achange order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by Contractor as provided in this section shall constitute full payment and final settlement ofall claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. D.Failure to Protest Constitutes Waiver. By not protesting as this section provides,the Contractor also waives any additional entitlement and accepts from the City any written order (including directions, instructions, interpretations, and determination). E.Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Contractor completely waives any claims for protested work and accepts form the City any written order (including directions, instructions, interpretations, and determination). 8.CLAIMS.The Contractor shall give written notice to the City of all claims other than change orders within fourteen (14) calendar days of the occurrence of the events giving rise to the claims. Any claim for damages, additional payment for any reason, or extension of time, whether under this agreement or otherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this agreement; or, if (and only if) no such provision is applicable, unless that claim is set forth in detail in writing and received by the City within seven (7) calendar days from the date Contractor knew, or should have known, of the facts giving rise to the claim. At a minimum, a Contractor’s written claim must include the information set forth regarding protests in Section 7.A.2.a.-e. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM ORCAUSED BY THAT DELAY. Contractor must, in any event, file any claim or bring any suit arising from or connected with this agreement within 120 calendar days from the date the contract work is complete. PUBLIC WORKS AGREEMENT –Page 4of 8 (between City of Bremerton and Pape & SonsConstruction, Inc.) 9.WARRANTY. The Contractor shall correct all defects in workmanship and materials within one year from the date ofthe City’s acceptance of the Contract work. When defects are corrected, the warranty for that portion of the work shall extend for one year form the date such correction is completed and accepted by the City. The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. 10.INDEMNIFICATION.Contractor shall defend, indemnify and hold the City, its officer, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits including all legal costs and attorney fees, arising out of or in connection with the performance of this agreement, except for injuries and damages caused by the City’s sole negligence. TheCity’s inspection or acceptance of any of Contractor’s work whencompleted shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injuryto persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officials, employees, agents and volunteers, the Contractor’s liability hereunder shall be only to the extent of the Contractor’s negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS INDEMNIFICATION CONSTITUTES THE CONTRACTOR’S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSE OF THIS INDEMNIFICATION. THE PARTIES ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this agreement. 11.INSURANCE. The Contractor shall procure and maintain for the duration of this agreement insurance of the types and in the amounts described below against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work by the Contractor, its agents, representative, employees, sub-consultants or sub- contractors. Before beginning work on the project described in this agreement, the Contractor shall provide a Certificate of Insuranceevidencing: A.Automobile Liabilityinsurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and PUBLIC WORKS AGREEMENT –Page 5of 8 (between City of Bremerton and Pape & SonsConstruction, Inc.) B.Commercial General Liabilityinsurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and $2,000,000 general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; explosion, collapse and underground (XCU); and C.Excess Liabilityinsurance with limits not less than $1,000,000 per occurrence and aggregate; and B.Workers Compensationinsurance as statutorily required by the Industrial Insurance Act of the State of Washington, Title 51, Revised Code of Washington andemployer'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 Contractor. The City, its officials, employees, agents and volunteers shall be named as an additional insured on the insurance policy, as respects work performed by or on behalf of the Contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The Contractor’s insurance shall contain aclause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer’s liability. The Consultant's insurance shall be primary and non-contributory insurance as respects the City and shall contain a waiver of subrogation against the City for claims arising out of any operations, liabilities and obligations to which coverage applies. It shall be an affirmative obligation upon Consultant to advise the City’s RiskManager by fax at (360) 473-5161, or by th certified mail, return receipt requested to City of Bremerton, attn: Risk Management, 345 6 Street, Suite 100, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy set out herein, and failure to do so shall be construed to be a breach of this Agreement. The City reserves the right to receive a certified copy of all the required insurance policies. 12.MISCELLANEOUS. A.Equal Employment Opportunity Statement.In the hiring of employees for the performance of work under this Agreement, the Contractor, its subcontractors, or any person acting on behalf of Contractorshall not discriminate in any employment practice on the basis of age (40+), sex, race, creed, color, national origin, sexual orientation/gender identity, marital status, military status, or the presenceof any physical, mental or sensory disability. PUBLIC WORKS AGREEMENT –Page 6of 8 (between City of Bremerton and Pape & SonsConstruction, Inc.) B.ADA Statement.The City of Bremerton does not discriminate on the basis of disability in programs and activities, which it operates pursuant to the requirements of the Americans with Disabilities Act of 1990, and ADA Amendments Act.This policy extends to both employment and admission to participation in the programs, services and activities of the City of Bremerton.Reasonable accommodation for employees or applicants for employment will be provided. C.Compliance with Laws . Contractor shall comply with all federal, state and local laws, rules and regulations throughout every aspect in theperformance of this agreement. D.Work Performed at Contractor’s Risk. Contractor shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of this agreement. All work shall be done at Contractor’s own risk, and Contractor shall be responsible for any loss of or damage to materials,tools, or other articles used or held for use in connection with the work. E.Nonwaiver of Breach. The failure of the City to insist upon strict performance of any of the terms and rights contained herein, or to exercise any option herein conferred in one or more instances, shall not be constructed to be a waiver or relinquishment of those terms and rights and they shall remain in full force and effect F.Governing Law. This agreement shall be governed and construed in accordance with the laws of the State of Washington. If any dispute arises between the City and Contractor under any of the provisions of this agreement, resolution of that dispute shall be available only through the jurisdiction, venue and rules of the Kitsap County Superior Court, Kitsap County, Washington. G.Attorney’s Fees. To the extent not inconsistent with RCW 39.04.240, in any claim or lawsuit for damages arising from the parties’ performance of this agreement, each party shall be responsible for payment of its own legal costs and attorney’s fees incurred in defending or bringing such claim or lawsuit; however, nothing in this subsection shall limit the City’s right to indemnification under Section 10 of this agreement. H.Written Notice. All communications regarding this agreement shall be sent to the parties at the addresses listed on the signature page of this agreement, unless otherwise notified. Any written notice shall become effective upon delivery, but in any event three (3) calendar days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated on this agreement. I.Assignment. Any assignment of this agreement by the Contractor without the written consent of the City shall be void. J.Modification. No waiver, alteration, or modification of any of the provisions of this agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Contractor. PUBLIC WORKS AGREEMENT –Page 7of 8 (between City of Bremerton and Pape & SonsConstruction, Inc.) K.Severability. If any one or more sections, sub-sections, or sentences of this agreement are held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this agreement and the remainder shall remain in full force and effect. L.Entire Agreement. The written provisions and terms of this agreement, together with any attached Exhibits, supersede all prior verbal statements by any representative of the City, and those statements shall not be construed as forming a part of or altering in any mannerthis agreement. This agreement and any attached Exhibits contain the entire agreement between the parties. Should any language in any Exhibit to this agreement conflict with any language contained in this agreement, the terms of this agreement shall prevail. IN WITNESS WHEREOF, the parties below have executed this agreement. PAPE & SONSCONSTRUCTION, INC.THE CITY OF BREMERTON Print Name:Print Name: Title:Title: DATEDATE Notices to be sent to:Notices to be sent to: CONTRACTOR:CITY OF BREMERTON: Brad ApplemanBill Davis th 9401 Bujacich Road, Suite 1A345 6Street, Suite 100 Gig Harbor, WABremerton, WA 98337 (253) 851-6040(360) 473-2312 (253) 851-3290(facsimile)(360) 473-5200(facsimile) APPROVED AS TO FORM: Roger A. Lubovich Bremerton City Attorney ATTEST: Angela Hoover,City Clerk PUBLIC WORKS AGREEMENT –Page 8of 8 (between City of Bremerton and Pape & SonsConstruction, Inc.) PREVAILING WAGES TH 6STREET SEWER REPLACEMENT PROJECT VICINITY MAP c. In 531,729.25 400,624.30 395,997.00 271,944.10 319,609.80 $195,000.00 onstruction, TOTAL C Nova Contracting, Inc. orthwest Cascade , Inc. N $ $ $ $ $ Pape $43,904.25$33,079.07$32,697.00$22,454.10$26,389.80 SALES TAX Noreen Bolo Noreen Bolo / Lynn Gritton OPENED BY: RECORDED BY: $487,825.00$367,545.23$249,490.00$293,220.00 $363,300.00 SUMMARY BASE BID + CONTINGENCY 10:15 AM BID TABULATION CITY OF BREMERTON BOND TIME OPENED: c. In onstruction, C 2/24/2021 Construction 6th St Sewer Replacement Nova Contracting, Inc NAME OF BIDDER Norvind Company, LLC Pape Northwest Cascade, Inc. Allegiance Trucking LLC dba Marwood General BID TITLE:DATE OPENED: ENGINEER ESTIMATE (INCLUDING SALES TAX)APPARENT LOW BIDDERSECOND LOW BIDDERTHIRD LOW BIDDER AGENDA BILL CITY OF BREMERTON A7 CITY COUNCIL SUBJECT: Study SessionDate: March 10, 2021 Grinder Pump SystemMaintenanceCOUNCIL MEETING Date: March 17, 2021 Agreementwith Correct Equipment, Inc. Department: Engineering Presenter: Eric Burris Phone: (360) 473-5448 SUMMARY: In 2009the City standardized on Environment One (E-One) residential grinder pump systems to ensure consistency of quality, maintenance and serviceabilityfor all new grinder pump systems installed in the City.Standardization was necessary given a determination by Ecology that all new grinder pumps required Municipal ownership per WAC 173-240-105.In 2010, the City entered a10- year contract with Correct Equipment, Inc. (CE) to service and maintain E-One grinder pump systems. At that time and continuing to the present, CE is the only vendor in Washington state authorized by E-One to sell and service these grinder pumps systems. In the 2010contract,there were approximately 40 E-One grinder pump systems; today, there are over 200of these systems that discharge to the City sewer system. Since CE is the only vendor authorized by E-One to maintain and repair these systems, the City will continue to sole-source these services from CE. The newcontract will be for a 10-year term. ATTACHMENTS: 1.Grinder Pump System Maintenance Agreement(with Attachments A to F) 2.Sole-source justificationfor Correct Equipment, Inc. FISCAL IMPACTS(Include Budgeted Amount): The City receives approximately $30,000 per year from the grinder pump system surcharge. The annual maintenance cost of these pump systems is $20,000 plus repair costs and is included in the WWTP operations budget. STUDY SESSION AGENDA: Limited PresentationFull Presentation STUDY SESSION ACTION:Consent AgendaGeneral BusinessPublic Hearing RECOMMENDED MOTION: Move to approve Grinder Pump System Maintenance Agreementwith Correct Equipment, Inc;and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION:Approve Deny Table Continue No Action GRINDER PUMP SYSTEM MAINTENANCE AGREEMENT THIS AGREEMENT is entered into between the City of Bremerton, a Washington Municipal th Corporation ("City"), and Correct Equipment, Inc. ("Contractor"), whose mailing address is:14576 NE 95 Street, Redmond, WA 98052. Attachment A – SCOPE OF WORK Attachment B – FEES AND CHARGES Attachment C – GRINDER PUMP SERVICE ACCOUNTS (at time of contract execution) Attachment D – DOOR HANGER FOR CUSTOMER NOTIFICATION (Example Form) Attachment E – GRINDER PUMP SERVICE AGREEMENT (Example Form Agreement between City and Customer) Attachment F – CUSTOMER BROCHURE NOW, THEREFORE, in consideration of the mutual covenants, conditions, promises, and agreements set forth herein, it is agreed by and between the City and the Contractor as follows: 1.SERVICES BY CONTRACTOR The contractor shall do all work and furnish all tools, equipment, materials, parts, assemblies, and supplies for annual preventive maintenance, emergency call out maintenance, and planned maintenance as described in Attachment A - Scope of Work for all properties listed in Attachment C. Preventive Maintenance shall be performed on each active property listed in Attachment C annually. If City and Contractor mutually agree that the scope of work in this agreement fails to satisfactorily maintain GP Systems, or results in costs or work efforts that have little or no substantive benefit, City and Contractor may by amendment modify Attachment A - Scope of Work. 2.CONTRACT TERM The contract will expire 10 years from the date of execution unless an amendment changes the contract term. 3.ADDITIONAL GRINDER PUMP SYSTEM INSTALLATIONS If City determines that preventive maintenance, emergency call out maintenance, and planned maintenance is required for GP Systems not provided for in Section 1 of this Agreement, City and Contractor may by an amendment to Attachment C of this Agreement add additional properties that have a connected GP System or add properties that have a high probability of connecting a GP System. City shall each month provide to Contractor by email an update of Attachment C as amended in electronic format showing the current status of GP System connections to the City's sewer system. 4.PAYMENT a.Contractor shall be reimbursed for and City shall pay all fees and charges in accordance with the fees as described in Attachment B - Fees and Charges. b.Annual preventive maintenance cost shall be calculated as follows: Number of installed pumps multiplied by pump annual maintenance fee, which is currently $100 and adjusted annually for inflation using the consumer price index for the Seattle-Tacoma-Bremerton area. Grinder Pump System Maintenance Agreement March 2021 Correct Equipment/Bremerton Page 1 of 7 c.Contractor shall notify and shall receive City approval prior to performing any planned maintenance on a single GP System that is expected to result in a billing amount exceeding $500 (Five Hundred Dollars). d.Contractor shall annually submit prior to the beginning of each Contract Year (as described in Attachment B) a Price List for equipment, parts, and assemblies to be used as a basis for the invoicing of expenses incurred in the Contract Year, and the Contract Year Inflation Adjustment Factor, based on CPI for Seattle-Tacoma-Bremerton area. e. Contractor shall submit monthly invoices for fees and expenses incurred in a previous calendar month in a format acceptable to City no later than the 5th (fifth) day of a month. A copy of all Grinder Pump Maintenance Records (GPMRs) (as described in Section 11) generated in the previous calendar month shall be submitted with receipts attached to each GPMR documenting the purchase or lease of equipment, and the purchase of parts, assemblies, and supplies not included in the Price List that individually exceed $25. f.All invoices shall be paid by mailing a city check within sixty (60) days of receipt of a proper invoice. g.If the services rendered do not meet the requirements of this Agreement, the Contractor shall correct or modify the work to comply with this Agreement. The City may withhold payment for such work until it meets the requirements of this Agreement. PAYMENT FOR SERVICE AS A RESULT OF HOMEOWNER ERRORS Homeowner or operator errors resulting in real or perceived GP System failures that incur a Contractor labor, equipment, parts, or assemblies cost shall be reimbursed by City in accordance with Section 3 of this Agreement. City shall be responsible for the final determination of responsibility for costs incurred as a result of failures caused by homeowner or operator error, and for collecting from the homeowner any and all fees as reimbursement for costs incurred as a result of failures caused by homeowner or operator error. MAINTENANCE AND WORK STANDARDS Contractor shall maintain all GP Systems in accordance with federal, state, and local laws and regulations, City Engineering Design and Construction Standards, National Electric Code, Washington State Plumbing Code, and Environment One Corporation maintenance standards and procedures, as amended. Contractor shall perform all work in accordance with generally accepted standards of practice for maintenance work of this type. AGREEMENT FOR PROPERTY ACCESS Contractor shall be responsible for knowing and understanding the rights and responsibilities of the parties to the "Grinder Pump Service Agreement" attached as Attachment E. Contractor shall use reasonable care to avoid damage to landscaping, trees or other privately owned site improvements where possible. EQUIPMENT, PARTS, AND LABOR WARRANTIES Contractor shall act on behalf of City in matters pertaining to warranties for all equipment, parts, and assemblies installed in the first installation of a GP System. Contractor shall warranty all other labor and equipment, parts, and assemblies, whether new or rebuilt, for a period of one year from the date of maintenance or repair of operating GP Systems Grinder Pump System Maintenance Agreement March 2021 Correct Equipment/Bremerton Page 2 of 7 9. ANNUAL REVIEW Each year within 30 days of the anniversary date of the execution of this Agreement, at least one representative of the City and of the Contractor shall meet to discuss matters relating to this Agreement including but not limited to issues concerning preventive maintenance, emergency call out maintenance, and planned maintenance, significant or reoccurring equipment or GP System failures, performance of work, emergency callout response, scope of work, costs and fees, record keeping and reporting, and invoicing. 10. OTHER SERVICES Contractor and homeowner may separately establish an understanding or agreement to perform other work as benefits the homeowner. No understanding or agreement shall relieve Contractor of any responsibility or liability under this Agreement notwithstanding City's knowledge or consent of such understanding or agreement. 11. INSPECTION AND AUDIT The Contractor shall maintain all books, records, documents, and other evidence pertaining to the costs and expenses allowable under this Agreement in accordance with generally accepted accounting practices. All such books and records required to be maintained by this Agreement shall be subject to inspection and audit by representatives of the City and/or the Washington State Auditor at all reasonable times, and the Contractor shall afford the proper facilities for such inspection and audit. Representatives of the City and/or the Washington State Auditor may copy such books, accounts, and records where necessary to conduct or document an audit. The Contractor shall preserve and make available all such books of account and records for a period of three (3) years after final payment under this Agreement. In the event that any audit or inspection identifies any discrepancy in such financial records, the Contractor shall provide the city with appropriate clarification and/or financial. Adjustments within thirty (30) calendar days of notification of the discrepancy. 12. REPORTING AND RECORD KEEPING Contractor shall record and keep for the term of this Agreement records of all preventive maintenance, emergency call-out maintenance, and planned maintenance performed on each GP System. This information shall be available for inspection by City staff as described in paragraph 10. 13. INDEPENDENT CONTRACTOR a. The Contractor and the City understand and expressly agree that the Contractor is an independent contractor in the performance of each and every part of this Agreement. The Contractor expressly represents warrants and agrees that his status as an independent contractor in the performance of the work and services required under this Agreement is consistent with and meets the six-part independent contractor test set forth in RCW 51.08.195. The Contractor, as an independent contractor, assumes the entire responsibility for carrying out and accomplishing the services required under this Agreement. The Contractor shall make no claim of City employment nor shall claim any related employment benefits, social security, and/or retirement benefits. b. The Contractor shall be solely responsible for paying all taxes, deductions, and assessments, including but not limited to federal income tax, FICA, social security tax, assessments for unemployment and industrial injury, and other deductions from income which may be required by law or assessed against either party as a result of this Agreement. In the event the City is assessed a tax or assessment as a result of this Agreement, the Contractor shall pay the same before it becomes due. c. The Contractor shall obtain a business license and pay business and occupation taxes pursuant to Title 5 of the Bremerton Municipal Code. Grinder Pump System Maintenance Agreement March 2021 Correct Equipment/Bremerton Page 3 of 7 14.DISCRIMINATION AND COMPLIANCE WITH LAWS a.The Contractor agrees not to discriminate against any employee or applicant for employment or any other person in the performance of this Agreement because of race, creed, color, national origin, marital status, sex, sexual orientation, age, disability, or other circumstance prohibited by federal, state or local law or ordinance, except for a bona fide occupational qualification. b.The Contractor shall comply with all federal, state and local laws and ordinances applicable to the work to be done under this Agreement. c.Violation of this Section 13 of this Agreement shall be a material breach of this Agreement and grounds for cancellation, termination, or suspension by the City, in whole or in part, and may result in ineligibility for further work for the City 15.TERM AND TERMINATION OF AGREEMENT a.This Agreement shall become effective upon execution by both parties and shall continue in full force for a period not to exceed ten (10) year beginning at the date of execution of this agreement. b.This Agreement may be terminated by either party without cause upon ninety (90) days written notice to the other party. In the event of termination, all finished or unfinished documents, reports, or other material or work of the Contractor pursuant to this Agreement shall be submitted to the City, and the Contractor shall be entitled to just and equitable compensation at the rate set forth in Section 3 for any satisfactory work completed prior to the date of termination. 16.OWNERSHIP OF WORK PRODUCT All data, materials, reports, memoranda and other documents developed under this Agreement whether finished or not shall become the property of the City, shall be forwarded to the City in hard copy and in digital format that is compatible with the City's computer software programs. 17.GENERAL ADMINISTRATION AND MANAGEMENT The Director of Public Works & Utilities, or designee, shall be the City's representative, and shall oversee and approve all services to be performed, coordinate all communications, and review and approve all invoices, under this Agreement. 18.INDEMNIFICATION a.Contractor 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 or non- performance of this agreement, except for injuries and damages solely caused by the City's negligence. b.The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. c.Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor Grinder Pump System Maintenance Agreement March 2021 Correct Equipment/Bremerton Page 4 of 7 and the City, its officials, employees, agents and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. d.IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS INDEMNIFICATION CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSE OF THIS INDEMNIFICATION. THE PARTIES ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIYER. e.The provisions of this section shall survive the expiration or termination of this agreement. 19.INSURANCE The Contractor shall procure and maintain for the duration of this agreement, insurance against claims for injuries to persons or damage to property that may arise from or in connection with the performance of the Contract work by the Contractor, its agents, representatives, employees or subcontractors. Before beginning the work on the project described in this agreement, the Contractor shall provide a Certificate of Insurance evidencing: Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and $2,000,000 aggregate for personal injury, bodily injury, and property damage. Coverage shall include but not be limited to blanket contractual; products/completed operations/broad form property damage; explosion, collapse and underground (XCU) if applicable; and employer's liability. Any payment of deductible or self-insured retention shall be the sole responsibility of the Contractor. The City reserves the right to receive a certified copy of all the required insurance policies. The City, its officials, employees, agents and volunteers shall be named as an additional insured on the insurance policy, as respects work and services, including completed work and services performed by or on behalf of the Contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The Contractor's insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. The Contractor's insurance shall be primary insurance as respects the City, and the City shall be given thirty (30) calendar days prior written notice by certified mail, return receipt requested, of any cancellation, suspension or material change in coverage. 20.SUBLETTING OR ASSIGNING CONTRACT This Agreement, or any interest herein or claim hereunder, shall not be assigned, or transferred in whole or in part by the Contractor to any other person or entity without the prior written consent of the City. In the event that such prior written consent to an assignment is granted, then the assignee shall assume all duties, obligations, and liabilities of the Contractor as stated herein. 21.EXTENT OF AGREEMENT/MODIFICATION This Agreement, together with attachments or addenda, represents the entire and integrated Grinder Pump System Maintenance Agreement March 2021 Correct Equipment/Bremerton Page 5 of 7 Agreement between the parties and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement may be amended, modified, or added to only by written instrument properly signed by both parties. 22. SEVERABILITY a. If a court of competent jurisdiction holds any part, term or provision of this Agreement to be illegal or invalid, in whole or in part, the validity of the remaining provisions shall not be affected, and the parties' rights and obligations shall be construed and enforced as if the Agreement did not contain the particular provision held to be invalid. b. If any provision of this Agreement is in direct conflict with any statutory provision of the State of Washington, that provision which may conflict shall be deemed inoperative and null and void insofar as it may conflict, and shall be deemed modified to conform to such statutory provision. 23. FAIR MEANING The terms of this Agreement shall be given their fair meaning and shall not be construed in favor of or against either party hereto because of authorship. This Agreement shall be deemed to have been drafted by both of the parties. 24. NON-WAIVER A waiver by either party hereto of a breach by the other party hereto of any covenant or condition of this Agreement shall not impair the right of the party not in default to avail itself of any subsequent breach thereof. Leniency, delay or failure of either party to insist upon strict performance of any agreement, covenant or condition of this Agreement, or to exercise any right herein given in any one or more instances, shall not be construed as a waiver or relinquishment of any such agreement, covenant, condition or right. 25. NOTICES Unless stated otherwise herein, all notices and demands shall be in writing and sent or hand- delivered to the parties at their addresses as follows: To the City: City of Bremerton Attn: Eric Burris 100 Oyster Bay Ave South Bremerton, WA 98312 To the Contractor: Correct Equipment, Inc. th 14576 NE 95 Street Redmond, WA 98052, or to such addresses as the parties may hereafter designate in writing. Notices and/or demands shall be sent by registered or certified mail, postage prepaid, or hand delivered. Such notices shall be deemed effective when mailed or hand-delivered at the addresses specified above. 26. SURVIVAL Any provision of this Agreement which imposes an obligation after termination or expiration of this Agreement shall survive the term or expiration of this Agreement and shall be binding on the parties to this Agreement. 27. GOVERNING LAW Grinder Pump System Maintenance Agreement March 2021 Correct Equipment/Bremerton Page 6 of 7 This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 28.VENUE The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Washington for Kitsap County, Washington. 29.COUNTERPARTS This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same Agreement. IN WITNESS WHEREOF, the parties below have executed this Agreement. CITY: CONTRACTOR: CITY OF BREMERTON CORRECT EQUIPMENT, INC. By: By: Print Name: Print Name: Its: Its: Date: Date: APPROVED AS TO FORM: ATTEST: By: By: ROGER A. LUBOVICH, Bremerton City Attorney ANGELA HOOVER, City Clerk Grinder Pump System Maintenance Agreement March 2021 Correct Equipment/Bremerton Page 7 of 7 THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK AttachmentA–SCOPE OFWORK THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK GRINDER PUMP SYSTEM MAINTENANCE AGREEMENT SCOPE OF WORK AGrinderPumpSystem("GPSYSTEM")shallincludeallmechanicalequipment,assemblies,sub- assemblies, and components from the grinder pump inlet to and including the isolation ball valve upstreamofthepressuremain;andshallincludeallelectricalequipmentandcomponentsbeginning with and including the alarm panel and ending with and including all electrical equipment and components within the grinder pump assembly as shown in current City ofBremerton Sanitary SewerStandards. 1)Preventive Maintenance.Preventive maintenance shall be performed on each grinder pump system annually and shall include the followingtasks: a)Electrical i)Clean and inspect electrical alarm panel and upper motor housing.Check for loose connections, burnt wires, and faulty components. ii)Perform pump down test. Check for unusual noises orvibrations. iii)Test emergency alarm and level controlsensors. iv)Check current draw and ensure readings are within normal operatingrange. b)Mechanical i)Inspect check valves forleakage. ii)Operate isolation valves at the grinder pump unit and the valve box at the right of way. Ensure valves operatefreely. iii)Inspect for "Grinder Pump Service Agreement"conformance. 2)Emergency Call Out Maintenance. Emergency Call Out Maintenance shall be performed as required and shall include the following tasks: a)Respond to all notifications from a homeowner, homeowner's representative, or the City ("Requestor") as a result of a real or perceived malfunction in the operation of the GP SYSTEM. Contractor shall make contact with the Requestor within 1 hour and i)Make a site visit to perform any necessary maintenance or repairs within 4 hours of the initial notification if instructions to the Requestor fail to correct a malfunction which could result in a health, safety or environmental problem("Critical Problem"), or ii)Makeasitevisittoperformanynecessarymaintenanceorrepairswithin48hoursofthe initialnotificationifinstructionstotheRequestorfailtocorrectanyothermalfunctionor problem not classified as a CriticalProblem. b)Inspect for "Grinder Pump Service Agreement" conformance. 3)Planned Maintenance. Planned Maintenance shall include the following tasks: a)Perform maintenance on the GP SYSTEM to correct known problems or potential system or equipment failures that could result in Emergency Call Out Maintenance. b)Perform additional inspection for "Grinder Pump Service Agreement" conformance during Planned Maintenance activity. 4)Notification of Action Items.Contractor shall upon completion of a preventive maintenance, emergency callout maintenance, or planned maintenance work effort leave with the homeowner or current tenant a Door Hanger report attached as Attachment D containing action items requiredto correct any errors in operation or any use or modification of the areas that are in violation of the "Grinder Pump Service Agreement", and a Customer Information Brochure attached as Attachment F. THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK AttachmentB–FEES ANDCHARGES THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK GRINDER PUMP SYSTEM MAINTENANCE AGREEMENT WITH CITY OF BREMERTON FEES AND CHARGES Updated 2/19/21 CORRECT EQUIPMENT FEES AND CHARGE COST ITEMCOST PER EACH Annual Maintenance fee per pump (adjusted annually for inflation)$100 Pump down tank if necessary $150 Replace EQD’s $137 Replace stator $230 Replace switches $247 Replace PC board $300 Replace control bracket $370 Replace bearings and stators $400 32’ Cable with conduit $298 32’ Cable without conduit $428 50’ Cable with conduit $431 50’ Cable without conduit $581 Replace simplex panel $758 Replace motor, bearings and stator $1,113 Replace an extreme core with a new extreme core (a core replacement is a full replacement of all components; pump, motor, grinder, controls, level sensor and a $2,606 new 2-year warranty. ) Replace a pre-2007 2000 series core with an Extreme Series core $2,750 Replace any competitors pump with a 2-year warranty E/One system $2,960 THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK AttachmentC–GRINDER PUMP SERVICEACCOUNTS (at time of contract execution) THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK Serial # 2465114768050406364632154101758043816644357443734734620047460722175615132859329123303413686659816866602768666071 7931668267316805827761928798960888981024793167818277629286330511617364616369445555297949410052696931296061874708841501938278265278986679789866817898668383597934628275097898668262189354636930318006953 48148115480069579794454698306809082378910850936576229246283279800794453688695790683598233624342896243433562434379835853788034783380347837 82776297 Register # 2111111111111111111111111111111111111111111 Multiplier Date 09/08/1509/08/1509/08/1509/08/1509/08/1509/08/1509/02/1409/02/1409/02/1409/02/1409/02/1409/02/1409/02/1410/30/1912/27/1212/30/0908/17/1205/16/1101/21/1501/19/1611/02/1511/02/1507/07/1111/03/1112/15/1 110/02/1403/30/1603/30/16 09/08/1509/08/1509/08/1509/02/1409/02/1409/02/1409/02/1409/02/1409/02/1409/02/1409/02/1411/06/1910/31/1910/31/1910/29/19 Surch. Open CITYCITYCITYCITYCITYCITYCITYCITYCITYCITYCITYCITYCITYCITYCITYCITYCITYCITYCITYCITYCITYCITYCITYCITYCITYCITYCITYCITYCITYCITYCITYCITY Location COUNTYCOUNTYCOUNTYCOUNTYCOUNTYCOUNTYCOUNTYCOUNTYCOUNTYCOUNTYCOUNTY Parcel Number 132401-3-006-2000132401-3-005-2001132401-3-004-20023712-003-004-00033712-003-003-00043712-003-002-00053712-003-001-00063800-001-001-00033713-002-002-00063737-001-008-00043737-001-006-00063737-001-004 -00083737-001-002-00003737-001-001-00013813-002-002-01043813-002-001-0204132401-3-208-2006132401-3-002-2004132401-3-001-2005132401-2-045-2005132401-2-044-2006132401-2-043-2007132401-2-042-2008132401- 2-041-2009142401-1-012-20053782-001-002-05093782-001-002-05093782-001-003-00033782-001-004-0002162401-4-022-2005222401-2-036-20053790-008-023-0004332401-2-017-20054640-004-026-03074640-004-025-010046 40-004-007-04094640-004-007-03004640-004-017-04074640-004-017-03084640-004-016-02004640-004-015-04094640-004-014-04004640-004-013-0500 Service Location 610 WASHINGTON AVE614 WASHINGTON AVE618 WASHINGTON AVE622 WASHINGTON AVE626 WASHINGTON AVE630 WASHINGTON AVE632 WASHINGTON AVE642 WASHINGTON AVE646 WASHINGTON AVE902 WASHINGTON AVE906 WASHINGTON AVE912 WASHINGTON AVE916 WASHINGTON AVE920 WASHINGTON AVE922 WASHINGTON AVE926 WASHINGTON AVE930 WASHINGTON AVE934 WASHINGTON AVE940 WASHINGTON AVE944 WASHINGTON AVE946 WASHINGTON AVE952 WASHINGTON AVE956 WASHINGTON AVE110 11TH STREET PL1412 17TH ST1432 17TH ST1434 17TH ST1444 17TH ST1454 17TH ST913 WESLON PLACE225 S MARION AVE416 S CHARLESTON AVE W3439 STATE HIGHWAY 3 W5440 W SHERMAN HEIGHTS RD5452 W SHERMAN HEIGHTS RD2443 W RIDGE ROCK WAY2435 W RIDGE ROCK WAY2336 SAND DOLLAR RD W2344 SAND DOLLAR RD W2352 SAND DOLLAR RD W2368 SAND DOLLAR RD W2384 SAND DOLLAR RD W2396 SAND DOLLAR RD W Customer Class MULTI-FAMILY *RES - 2 UNITS * RES - 2 UNITS *MULTI-FAMILY *RESIDENTIAL *RESIDENTIAL *RES - 2 UNITS *MULTI-FAMILY *RESIDENTIAL *MULTI-FAMILY *MULTI-FAMILY *RESIDENTIAL *RES - 2 UNITS *RESIDENTIAL *RES - 2 UNITS *RES - 2 UNITS *RES - 2 UNITS *MULTI-FAMILY *RESIDENTIAL *MULTI-FAMILY *RES - 2 UNITS *RESIDENTIAL *RES - 2 UNITS *RES - 2 UNITS *RESIDENTIAL *MULTI - SPLIT*MULTI - SPLIT*RESIDENTIAL *RESIDENTIAL *RESIDENTIAL *RESIDENTIAL *RESIDENTIAL *COMM 1 *RESIDENTIAL *RESIDENTIAL *RESIDENTIAL *RESIDENTIAL *RESIDENTIAL *RESIDENTIAL *RESIDENTIAL *RESIDENTIAL *RESIDENTIAL *RESIDENTIAL * Last Name First MONTEREY LLCMONTEREY LLCJACOBS JR., ROBERTEDMUNDSON & IVAN VILLARREAL, SYDNEYAMSTUZ, CHELSEA & DEREKSCHILLER, MICHAELSIANQUITA, LARRYCHAYER, STEPHANIE KNAPTON, NICHOLAS & LORIDEETS, C L & BRANDYDEETS, CLIFFORD & BRANDYLIPPMAN, JOHNPADEN, MACI & IANSIENA HOLDINGS LLC902 BREMERTON CORPPULUKURTHY, SATYAVARDHAN & SUCHIJUTTING & JOHN ZMOLEK, JERRYBREWER, ASHLEY & STEVENNOLAND, BRADLEY & ELISABETHCURTIS, ANDREAGEGNER, NORBERTWILLIS, JOHNGEGNER, NORBERTBALDWIN, MARK RWHITE & CIARA SAMPAIO, DAVID & JESSICABURNETT & EARL SANDE, AMYBREMERTON RM LLCRICE, STEVEN & TERRILOCKER, DAVIDCHEESEMAN, RICKRICHEY, ANNWEINACKER, THOMASMCCANN, JNENE & TERRYPAULCICH-AQUINO, ISAIAHFEARS, JASONFAIRFAX, KASEYBURTON, PATRICKSANDEN, DUSTIN & SARAHBRIGGS, DAVIDCOLLINS, ANTHONY & SHANNONSCHULER, JASON & JULIEAGUILAR, JUANITA & IRVINCORRALES, SAMUEL Acct # CITY OF BREMERTON - 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NP *RESIDENTIAL *SEWER ONLY - NP *COMM 1 *RESIDENTIAL *RESIDENTIAL *RESIDENTIAL *RESIDENTIAL *RESIDENTIAL *RESIDENTIAL *RESIDENTIAL *RESIDENTIAL *RESIDENTIAL *RESIDENTIAL *RESIDENTIAL *RESIDENTIAL *RESIDENTIAL *SEWER ONLY - SS *RESIDENTIAL *RESIDENTIAL *RESIDENTIAL *RESIDENTIAL *RESIDENTIAL *RESIDENTIAL *RESIDENTIAL *RESIDENTIAL *RESIDENTIAL *RESIDENTIAL *RESIDENTIAL *RESIDENTIAL *RESIDENTIAL *RESIDENTIAL *RESIDENTIAL *RESIDENTIAL *RESIDENTIAL *RESIDENTIAL *RESIDENTIAL *RESIDENTIAL *RESIDENTIAL *RESIDENTIAL *RESIDENTIAL *RESIDENTIAL * SHRINER, EARNESTJACOBSEN, ERIKCOYLE, ROGER & CLAUDIATINKER, PAUL DDIMMITT, CHRISTOPHERHUTCHINSON, CLIF & LAURYLPEARSON, ROSEMARYOLOGUN, ABAYOMI & ABIGAILSAN PEDRO, CEDRIC & JOHANNAALLISON & TOM DI PAOLO, BONNIEMESA, DESIREEFERRELL, KENNETHBOYD, ERIC TIMOTHYSTANG, SHAUGHN MURRAY, LYNDA & THOMASPARKS DEPT BLUEBERRY PARKTORMANEN, KYLENOTT & THERESA DUNCAN, JAMESALLEN, SAMANTHA & ISACBENTON, JENNIFER & RICHARDMILLERBERND, ROBERT & DOMINIQUEREITNAUER, BEVERLYBROWN, MISTYNGUYEN, STEVENURDANETA, GAUNDENCIO & TARATAYLOR, JOHN & HEATHERMILOVICH, BRANDON & NATASHACAMPBELL, BRANDON & ASHLEYJASSO, CARLOS & RUBYBRACERO, DAVID & TIFFANYGRANT & RACHEL HORTON, DERRICKMAYER, ANTHONY & MIRIAMCRUZ, KIRSTENSANTOS, KEVAN & HEIDIMERCADO, VALERIE & MANUELFRANCIS, LEONGARCIA, ANGELO & STEPHANIEYOUNG, CHASEMILLARD, CHAD & MEGANDAVID, MARKFERRELL, ROBERTC & R TRACTOR AND LANDSCAPINGTRYBA, SPENCER & KAJSACOSTELLO, CYNTHIAENCOMIENDA, FERBIEN & SHARIMANEJA, JESSICA & LOUIE 5459501550975155097806118601620905365046517203940731319173132127313222731323273140027314011731500173150127315021731503173150417315051731506174065317426241742626174262817426301742632374263327426342742 636374263717426383742647274264827426492742650374265227426561742658174266017426622742663174266417426651742667174266817426693 686669596774060537879180680504006774065068050399686669606866690068666956686669327143734047346220 62435257614352376382057083598760835987556173645561435282617364548359875983598758835987798359878183598780624352586243525462435230687734824100490483598715 62435198 11111111111111111211 04/18/1308/30/1204/29/1101/28/1401/28/1411/01/1011/01/1002/25/1302/25/1311/01/1007/10/1208/22/13 11/01/1006/06/1311/19/1303/24/1403/14/1411/13/1304/18/1304/18/13 CITYCITYCITYCITYCITYCITYCITYCITYCITYCITYCITYCITYCITYCITYCITYCITYCITYCITYCITYCITY 5565-000-017-00075565-000-016-00085565-000-015-00095565-000-014-00005565-000-013-00015565-000-012-00025565-000-010-00045565-000-011-00035565-000-009-00075565-000-008-00085565-000-007-00095565-000-006 -00005565-000-005-00015565-000-002-00045565-000-003-00035565-000-004-00025565-000-001-0005112401-4-003-2003112401-2-119-2008032401-4-023-2009 3669 REAGAN AVE3665 REAGAN AVE3661 REAGAN AVE3657 REAGAN AVE3653 REAGAN AVE3647 REAGAN AVE3639 REAGAN AVE3643 REAGAN AVE3635 REAGAN AVE3631 REAGAN AVE3629 REAGAN AVE3625 REAGAN AVE3621 REAGAN AVE111 PULLER LN107 PULLER LN103 PULLER LN115 PULLER LN251 LEBO BLVD203 NE 31ST ST3144 TRACYTON BEACH RD NW RESIDENTIAL *RESIDENTIAL *RESIDENTIAL * RESIDENTIAL *RESIDENTIAL *RESIDENTIAL *RESIDENTIAL *RESIDENTIAL *RESIDENTIAL *RESIDENTIAL *RESIDENTIAL *RESIDENTIAL *RESIDENTIAL *RESIDENTIAL *RESIDENTIAL *RESIDENTIAL *RESIDENTIAL *COMM 1 *RESIDENTIAL *RESIDENTIAL * QUYNH LE & MICHAEL WU, NHUBRANSCUM, CAROLSHREIM, NICOLE & ADAMWALDRON, BRUCEWEBSTER-CRUCEY & CARLOS RODRIGUEZ, TAMLOVEJOY, JOSHUA & AYAKOPARKS DEPT LIONS FIELD RESTROOMS PEARSON, IVY & RONALYNBELL, DESMOND & MIYUKIVAN FLEET, KELSI & JACOBHANNAWACKER, JESSEPORTER, JESSICAADE, DAYAN & KIMBERLYTORRES-HERNANDEZ, JOSE & MARSHADARVAL, TAMARAAVEY, MARGARET & JOSHEASTABROOK, WILLIAM & JEANNETTEFONG, WAYNETARVER, RON & BRENDALAROCK, TODD 74267037426712742672274267317426742742675174267627426771742678274267927426801742681174268237426833742684274268517426861751175076033017612071 THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK AttachmentD– DOOR HANGER FOR CUSTOMER NOTIFICATION (ExampleForm) THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK AttachmentE– GRINDER PUMP SERVICE AGREEMENT (Example Form Agreement between City andCustomer) THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK Return Address: City Clerk City of Bremerton th 345 6Street, Suite 100 Bremerton, WA 98337-1891 AUDITOR/RECORDER’S INDEXING FORM Document Title(s): Grinder Pump Service Agreement Reference Number(s) of Documents assigned or released: N/A Grantor(s): 1. Additional names on pageof document. Grantee(s): 1.The City of Bremerton Additional names on pageof document. Legal Description: (abbreviated) Additional legal is on pageof document. Assessor’s Property Tax Parcel/Account Number: Project Name: GRINDER PUMP SERVICE AGREEMENT This Agreement is made this _________ day of _______________, 20___ between the CITY OF BREMERTON, a municipal corporation (“City”) and (“Owner”). SECTION 1: RECITALS 1.01The City owns and operates a sewer system in Kitsap County Washington. Owner owns that certain real property legally described in Exhibit “A” attached hereto and by this reference incorporated herein (“Property”) and is in need of sewer service to the Property. In addition to compliance with all the City rules andregulationsfor connection to the City’s sewer system, the installation of a grinder pump unitupon Owner’s Property is necessary to facilitate City sewer service to the property. Such grinder pump unit has or will be installed on Owner’s Property at the City’s cost and pursuant to this agreement shall be owned by the City. Grinder Pump Service Agreement(Capital) Page 1of 9 1.02In consideration of the City’s ownership, operation and maintenance of the grinder pump unit on the Property, the Owner agrees to the certain terms and conditions relating to the grinder pump unit as set forth below. SECTION 2: TERMS AND CONDITIONS 2.01Owner shall providethe City and itsemployeesor authorized agentsand representatives continuous access to the grinder pump unit on the Property suitable for the operation and maintenance of the grinder pump unit which may include lifting, removing and replacing such unit or any part thereof. No landscaping, trees or shrubs shall be planted in the area of the grinder pump unit which would interfere with access thereto nor shall any construction or any other activity be undertaken in the area of the grinder pump unit which would interfere with such access. Any landscaping, trees or shrubs on the Property shall be maintainedby Owner to provide continuous access to the grinder pump unit. Owner shall maintain continuous access to the top of the grinder pump unit and shall maintain the top of such unit with a clearance of at least two inches above the yard subgrade whether such unit is located in a soil, grass, bark or other area upon the Property.If such unit is not accessible due to landscaping, trees or shrubbery, or any other restrictionlocated over the unit, any expense incurred by the City to obtain access to the grinder pump unit shall be theresponsibility of the owner(s) in accordance with the current assessments, rates, fees and charges. 2.02Owner shall allow the City’s contractor to enter the property to construct the improvements, including modifications to the electrical service. The property shall be restored by the City and all costs for the construction improvements shall be borne by the City. 2.03Owner shall provide and pay the cost of power for the grinder pump unit. 2.04Owner shall pay utilitybills from the City which will include a maintenance charge for the grinder pump unit as established by City ordinance. Owner shall also pay any assessed costs pursuant to Sections 2.01 and 2.05which shall be assessed and processed with the utility bill. Notification of misuse and associated assessment will be sent to the Owner via certified mail. 2.05Owner shall be assessed any expense incurred by the Cityin accordance with the current assessments, rates, fees and chargesfor repairs, as determined by the City, in the event of damage to the grinder pump unit caused by Owner’s, tenant’s or resident’sactivities and/or misuse of such unit. Correct use andmisuse is described inExhibit B.Misuse shall also include unauthorized, use, damage of and/or tampering with City control panels or grinder pump tanks or other activity as may be established by rule or regulation. In the event of damage to the grinder pump unit, the City shall determine the cause of such damage and assess any charges forOwner’s, tenant’s or resident’s activities and/ormisuse of the unit and the cost of repair or replacement associated or relating thereto in its sole judgment and discretion. 2.06Owner shall indemnify, defend and hold the City harmless and not responsible for damages to Owner or any third party arising out of any damage to personal or real property caused by the grinder pump unit for any reason including overflow, power failure, and/or temporary loss Grinder Pump Service Agreement(Capital) Page 2of 9 of service or from any liability for any personal injury or property damage relating in any way to the grinder pump station including its installation, operation, repair and maintenance, and from any power failure resultinginthe grinder pump unit being rendered inoperablefor any period of time, except due to the sole negligence of the City. Further, Owner hereby releases the City from any damage to trees, shrubs, grass and any other type of landscaping relating to the grinder pump unit and the Citywill use reasonable care to avoid any such damage. 2.07Enforcement of the above-referencedterms and conditionsshall be by any proceeding at law or in equity against any person or persons violating or attempting to violate any term or condition herein, either to restrain violation or recover damages. Failure by the City, or any successor thereto, to enforce any term or condition contained herein shall in no event be deemed a waiver of right to do so thereafter. 8All terms, conditions and provisions herein shall be covenants running with the land 2.0 described in Exhibit “A” attached hereto and shall be binding upon the parties’successors, heirs and assigns. The City shall record this agreement following its signature by the Owner and the City with Kitsap County Auditor’s Office of Records. By______________________________ (“Owner”) By_____________________________ (“Owner”) \[Notary Acknowledgement on Next Page\] Grinder Pump Service Agreement (Capital) Page 3 of 9 STATE OF WASHINGTON) ) COUNTYOF KITSAP) I certify that I know or have satisfactory evidence that _____________________________ is the person(s) who appeared before me, and said person(s) acknowledged that he/she/theysigned this instrument and acknowledged it to be his/her/theirfree and voluntary act for the uses and purposes mentioned in the instrument. GIVEN under my hand and official seal this ______ day of ______________________, 20_____. _________________________________ Notary Public in and for the State of Washington, residing at________________ My appointment expires_______________ ACCEPTED this______ day of ______________________, 20_____. CITY OF BREMERTON By_____________________________ GREG WHEELER, Mayor DEPARTMENTAL APPROVALAPPROVED AS TO FORM ______________________________________________________________ THOMAS KNUCKEY, DirectorROGER A. LUBOVICH, City Attorney Public Works & Utilities R:\\Legal\\Legal\\Forms\\FORMS ON COBWEB\\Grinder Pump Service Agreement (Capital) -FINAL.docx Grinder Pump Service Agreement(Capital) Page 4of 9 EXHIBIT “A” EXHIBIT “B” Grinder Pump Service Agreement (Capital) Page 5 of 9 CITY OF BREMERTON Public Works and Utilities 100 Oyster Bay Avenue N Bremerton, WA 98312 CUSTOMER INFORMATION FOR CORRECT USE AND MISUSE OF GRINDER PUMP SYSTEM (4 pages) This document describes the correct use and misuse of a grinder pump system in the City of Bremerton in accordance with the City’s Grinder Pump Service Agreement and Bremerton Municipal Code. The grinder pump system takes liquid waste from your residence or business and pumps the waste to the City's sewage conveyance system located in the public right of way. The grinder pump system includes a pump tank and all mechanical/electrical equipment inside the tank, alarm/breaker panel, and pump valve box located next to the pump tank. The system is owned by the City of Bremerton. Additional valve boxes are installed on the property and at the property line to allow for cleaning and maintenance of the pressure discharge line. The existing sewer lateral from the residence/building to the tank, as well as the pressure discharge line from the pump tank outlet to the property line, are owned by the property owner. As the owner or tenant, you are responsible for proper usage of the grinder pump system. This information is being provided to all new grinder pump owners and/or tenants and becomes part of your Grinder Pump Service Agreement with the City. It is essential that certain precautions be observed at all times to insure safe and reliable operation of the system. Improper care or misuse of the system could cause a failure that may result in a sewage back up into the residence, as well as costly repairs being billed directly to you. Maintenance of the system is performed by a maintenance contractor under a service contract to the City of Bremerton. The contractor is responsible for preventive maintenance, planned corrective maintenance, and 24 hrs/day emergencymaintenance. Under normal circumstances, the fees for these services are included in the monthly sewer bill. However, all costs incurred by the City of Bremerton as a result of customer misuse of the system will be billed to the customer. Additional fees may also be billed to the customer if maintenance access to the system is denied or restricted. If you have any questions about your system or need to report an emergency, please contact the maintenance contractor. The contact information for the maintenance contractor will be provided to you separately. Your call will typically be returned within one hour. If necessary, to resolve Grinder Pump Service Agreement(Capital) Page 6of 9 an emergency, a site visit will be made within four hours. If you need additional assistance during an emergency, contact the City’s emergency response line at (360) 473-5920. Frequently Asked Questions Why should I be familiar with the grinder pump system? Some problems can be inadvertently caused by the property owners or their tenants because of their lack of understanding of their grinder pump system. Circuit breakers can be left off, too much flow can be added to the system, maintenance access can be obstructed, or prohibited substances can be flushed into the system. Simply taking the time to become familiar with the system can help to avoid many costly mistakes. Remember, your grinder pump serves only your property and what you do directly affects its operation. Any costs incurred as a result of customer misuse, either intentional or unintentional, will be charged to the customer. What are my responsibilities? As the homeowner or tenant, you own and are responsible for: (1) the sewer lateral from your residence/building to the grinder pump tank inlet; (2) the pressure discharge line from the pump valve box (next to the grinder pump tank) to the system point of connection at the property line; (3) the power distribution system, including the emergency transfer switch (if installed) from the building to the grinder pump alarm/breaker panel. The Service Maintenance Contractor is responsible from the pump basin inlet, through the pump, to the pump valve box and for the electrical equipment from the pump alarm/breaker panel to the pump motor. The City is responsible from the connection to the City sewer at the property line to the City’s treatment plant. What services are covered by my monthly grinder pump sewer charges? Your monthly grinder pump sewer charges cover preventive maintenance, repair of normal wear and tear, and 24/7 emergency stand-by response capabilities. Generally, what constitutes misuse of the grinder pump system? Flushing prohibited substances into the grinder pump system as described herein. Constructing unauthorized alterations around the pump tank or alarm panel that prohibit access bythe City and their maintenance contractor. What are prohibited substances? Prohibited substances that must not be flushed into the grinder pump system include glass, metal, shells, disinfectant wipes (flushable and non-flushable), rocks, diapers, rags, cloth, sanitary napkins, tampons, plastic, gasolines, motor oil, flammable material, explosives, large amounts of Grinder Pump Service Agreement(Capital) Page 7of 9 cooking oil/grease. The grinder pump must grind all solids into small pieces before they can be pumped into the city sewer. These prohibited substances can cause premature wear on the pump or plug the pipes. These substances can also cause costly problems to the downstream infrastructure and treatment plant. Customers will be charged for cost of repair for damage caused by flushing prohibited substances into the grinder pump system. Why must the grinder pump tank lidbe above ground level? First, maintenance personnel must have access to the pump tank lid. Second, installing the lid above grade prevents groundwater from entering the tank. What if my home is going to be unoccupied for longer than a couple of weeks? Itis recommended that you flush your grinder pump system before you leave by running clean water into the unit for several minutes until the pumps activate. Do not disconnect the power to the unit. What should I do before I dig? Your grinder pump systemincludes buried piping and electrical systems located on your property. If you think that you will be digging near these items and are uncertain of the exact location, you should call 1-800-424-5555 (Washington Utility Notification Center) and a qualified technician will be scheduled to make a site visit to assist in locating the underground utilities on your property. For non-emergency work, allow 3-5 working days for service. What should I do in an emergency? First, cut your water use back to a minimum and then call your Maintenance Service Representative.They typically will return your call within an hour. Many times, they will be able to help you troubleshoot and correct the problem without requiring a site visit. This is where your understanding and familiarity with the system will come in handy. If necessary, they will make a site visit to correct an emergency within four hours. What should I do in an electrical power outage? Your residential grinder pump system will not work without power.Neither the Maintenance Service Representative nor the City are responsible for providing power to your system during a power outage. Most power interruptions are of a short duration and are of little concern. Simply limiting your water use during this time will avoid any problems. For longer duration power interruptions, the grinder pump system can be supplied power through a manual electrical transfer switch, if one is installed. This is a procedure that requires close attention to detail that should be practiced before an emergency occurs. Any damage caused to the grinder pump system by improper operation will be charged to the customer. Grinder Pump Service Agreement(Capital) Page 8of 9 Summary of Grinder Pump System Operating Tips Your familiarity with the precautions outlined below is important to the reliable operation of your grinder pump system. Become familiar with the general function, layout, and limitations of the system. Know the location of the pump tank and alarm/breaker panel outside your home and the location of the grinder pump system circuit breaker within your home. Do not flush prohibited substances into your grinder pump system. Keep the pump basin and control panel easily accessible at all times. Keep the top of the pump basin 2-3" above ground level. Control the flow of hot tubs or other large tanks to the sewer, so as not to exceed the pumping capacity of the pumps. Do not dig without first identifying the location of buried underground electrical cables and piping. Limit water use during a power outage. If you have an emergency generator that you plan to use for the grinder pump system, be familiar with your generator and the grinder pump system transfer switch before a power outage occurs. In case of pump failure or system alarm, minimize water usage and contact the Grinder Pump Service Maintenance Representative. To silence the audible alarm, press the button on the bottom of the control panel. If your residence is left unoccupied for more than a couple of weeks, it is recommended that you flush the tank with clean water before you leave. Thank you for your attention to these details. With proper system care and attention, your grinder pump system should provide many years of trouble-free service. Grinder Pump Service Agreement (Capital) Page 9 of 9 THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK AttachmentF–CUSTOMER BROCHURE THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK CITY OF BREMERTON E-ONE GRINDER PUMP CUSTOMER BROCHURE CITY OF BREMERTON Public Works and Utilities 100 Oyster Bay Avenue N Bremerton, WA 98312 CUSTOMER INFORMATION FOR CORRECT USE AND MISUSE OF GRINDER PUMP SYSTEM (4 pages) This document describes the correct use and misuse of a grinder pump system in the City of Bremerton in accordance with the City’s Grinder Pump Service Agreement and Bremerton Municipal Code. The grinder pump system takes liquid waste from your residence or business and pumps the waste to the City's sewage conveyance system located in the public right of way. The grinder pump system includes a pump tank and all mechanical/electrical equipment inside the tank, alarm/breaker panel, and pump valve box located next to the pump tank. The system is owned by the City of Bremerton. Additional valve boxes are installed on the property and at the property line to allow for cleaning and maintenance of the pressure discharge line. The existing sewer lateral from the residence/building to the tank, as well as the pressure discharge line from the pump tank outlet to the property line, are owned by the property owner. As the owner or tenant, you are responsible for proper usage of the grinder pump system. This information is being provided to all new grinder pump owners and/or tenants and becomes part of your Grinder Pump Service Agreement with the City. It is essential that certain precautions be observed at all times to insure safe and reliable operation of the system. Improper care or misuse of the system could cause a failure that may result in a sewage back up into the residence, as well as costly repairs being billed directly to you. Maintenance of the system is performed by a maintenance contractor under a service contract to the City of Bremerton. The contractor is responsible for preventive maintenance, planned corrective maintenance, and 24 hrs/day emergency maintenance. Under normal circumstances, the fees for these services are included in the monthly sewer bill. However, all costs incurred by the City of Bremerton as a result of customer misuse of the system will be billed to the customer. Additional fees may also be billed to the customer if maintenance access to the system is denied or restricted. Grinder pump system Customer BrochurePage 1 of 4 Updated June 2020 If you have any questions about your system or need to report an emergency, please contact the maintenance contractor. The contact information for the maintenance contractor will be provided to you separately. Your call will typically be returned within one hour. If necessary, to resolve an emergency, a site visit will be made within four hours. If you need additional assistance during an emergency, contact the City’s emergency response line at (360) 473-5920. Frequently Asked Questions Why should I be familiar with the grinder pump system? Some problems can be inadvertently caused by the property owners or their tenants because of theirlack of understanding of their grinder pump system. Circuit breakers can be left off, too much flow can be added to the system, maintenance access can be obstructed, or prohibited substances can be flushed into the system. Simply taking the time to become familiar with the system can help to avoid many costly mistakes. Remember, your grinder pump serves only your property and what you do directly affects its operation. Any costs incurred as a result of customer misuse, either intentional or unintentional, will be charged to the customer. What are my responsibilities? As the homeowner or tenant, you own and are responsible for: (1) the sewer lateral from your residence/building to the grinder pump tank inlet; (2) the pressure discharge line from the pumpvalve box (next to the grinder pump tank) to the system point of connection at the property line; (3) the power distribution system, including the emergency transfer switch (if installed) from the building to the grinder pump alarm/breaker panel. The Service Maintenance Contractor is responsible from the pump basin inlet, through the pump, to the pump valve box and for the electrical equipment from the pump alarm/breaker panel to the pump motor. The City is responsible from the connection to the City sewer at the property line to the City’s treatment plant. What services are covered by my monthly grinder pump sewer charges? Your monthly grinder pump sewer charges cover preventive maintenance, repair of normal wear and tear, and 24/7 emergency stand-by response capabilities. Generally, what constitutes misuse of the grinder pump system? Flushing prohibited substances into the grinder pump system as described herein. Constructing unauthorized alterations around the pump tank or alarm panel that prohibit access by the City and their maintenance contractor. Grinder pump system Customer BrochurePage 2of 4 Updated June 2020 What are prohibited substances? Prohibited substances that must not be flushed into the grinder pump system include glass, metal, shells, disinfectant wipes (flushable and non-flushable), rocks, diapers, rags, cloth, sanitary napkins, tampons, plastic, gasolines, motor oil, flammable material, explosives, large amounts of cooking oil/grease. The grinder pump must grind all solids into small pieces before they can be pumped into the city sewer. These prohibited substances can cause premature wear on the pump or plug the pipes. These substances can also cause costly problems to the downstream infrastructure and treatment plant. Customers will be charged for cost of repair for damage caused by flushing prohibited substances into the grinder pump system. Why must the grinder pump tank lid be above ground level? First, maintenance personnel must have access to the pumptank lid. Second, installing the lid above grade prevents groundwater from entering the tank. What if my home is going to be unoccupied for longer than a couple of weeks? It is recommended that you flush your grinder pump system before you leave by running clean water into the unit for several minutes until the pumps activate. Do not disconnect the power to the unit. What should I do before I dig? Your grinder pump system includes buried piping and electrical systems located on your property. If you think that you will be digging near these items and are uncertain of the exact location, you should call 1-800-424-5555 (Washington Utility Notification Center) and a qualified technician will be scheduled to make a site visit to assist in locating the underground utilities on your property. For non-emergency work, allow 3-5 working days for service. What should I do in an emergency? First, cut your water use back to a minimum and then call your Maintenance Service Representative.They typically will return your call within an hour. Many times, they will be able to help you troubleshoot and correct the problem without requiring a site visit. This is where your understanding and familiarity with the system will come in handy. If necessary, they will make a site visit to correct an emergency within four hours. What should I do in an electrical power outage? Your residential grinder pump system will not work without power. Neither the Maintenance Service Representative nor the City are responsible for providing power to your system during a power outage. Most power interruptions are of a short duration and are of little concern. Simply limiting your water use during this time will avoid any problems. For longer duration power interruptions, the grinder pump system can be supplied power through a manual electrical transfer Grinder pump system Customer BrochurePage 3of 4 Updated June 2020 switch, if one is installed. This is a procedure that requires close attention to detail that should be practiced before an emergency occurs. Any damage caused to the grinder pump system by improper operation will be charged to the customer. Summary of Grinder Pump System Operating Tips Your familiarity with the precautions outlined below is important to the reliable operation of your grinder pump system. Become familiar with the general function, layout, and limitations of the system. Know the location of the pump tank and alarm/breaker panel outside your home and the location of the grinder pump system circuit breaker within your home. Do not flush prohibited substances into your grinder pump system. Keep the pump basin and control panel easily accessible at all times. Keep the top of the pump basin 2-3" above ground level. Control the flow of hot tubs or other large tanks to the sewer, so as not to exceed the pumping capacity of the pumps. Do not dig without first identifying the location of buried underground electrical cables and piping. Limit water use during a power outage. If you have an emergency generator that you plan to use for the grinder pump system, be familiar with your generator and the grinder pump system transfer switch before a power outage occurs. In case of pump failure or system alarm, minimize water usage and contact the Grinder Pump Service Maintenance Representative. To silence the audible alarm, press the button on the bottom of the control panel. If your residence is left unoccupied for more than a couple of weeks, it is recommended that you flush the tank with clean water before you leave. Thank you for your attention to these details. With proper system care and attention, your grinder pump system should provide many years of trouble-free service. Grinder pump system Customer BrochurePage 4 of 4 Updated June 2020 Public Works and Utilities Department 100 Oyster Bay Ave. N. Bremerton, WA 98312 (360) 473-5920 FAX (360) 473-5360 DATE: February 25, 2021 TO: Procurement File FROM: Bill Davis, P.E., Managing Engineer – Utilities SUBJECT: Sole Source Determination In accordance with Bremerton Municipal Code 2.76.090, Sole Source Purchases, the purpose of this memorandum is to document the necessity of sole source procurement methodology for the procurement of maintenance and repair services for Environment One (E-One) grinder pump systems from Correct Equipment, Inc. Reasoning (check all supporting options below): Compatibility to existing City standard or to existing equipment, inventory, systems, data, programs or service. See attached letter from Environmental One Corporation. Licensed or patented product with only one dealer. (Include a statement explaining why this particular licensed or patented product the only one suitable for your purpose) Authorized service provider, repair and/or warranty services. The City requires service or repair support for products or equipment owned by the City, and the vendor is either a factory authorized warranty service provider or that particular vendor is required for warranty services according to the conditions of a current City contract. Unique design: Requires unique features that are essential aesthetic requirements, or not practical to match to existing design or equipment, such as artwork. Describe. Special bargain: This might include a surplus item, an auction sale, used equipment, returned “open box” purchase, or other similar one-time bargains. Describe. Delivery date: Only one supplier can meet required delivery date. Explain why this delivery date is essential. This can only be used in limited circumstances, for delivery deadlines that are the result of an unanticipated situation, and not a circumstance that could have been reasonably anticipated or averted by advance City planning. Project or research continuity: Product, systems, services or data must comply with an ongoing project, research, data, testing or analysis without a compromise in the integrity of the project. Also, this should be a situation that cannot be replicated by another company because there is a legal or physical obstruction to disclosing the project information to allow another company the Page 1 Correct Equipment, Inc.February 25, 2021 Public Works and Utilities Department 100 Oyster Bay Ave. N. Bremerton, WA 98312 (360) 473-5920 FAX (360) 473-5360 opportunity to replicate. Examples include situations where a company has legal and/or proprietary rights to customization such as software code, or to data; or testing or data is collected through a unique measuring instrument that cannot be accurately duplicated and offered by another vendor. Requirement by funding source: Lender, grantor (such as federal government) or other provider of funds requires the specific product, service or system. Attach a copy of the document that clearly shows such a requirement is imposed by the funding source. Legal monopoly: Only one supplier, such as electricity, water, or sewage. Trial and evaluation projects: A limited duration, limited scope pilot, trial or evaluation of a product, range of products or services. A trial or evaluation project would typically be part of establishing a standard for a City department, or to pilot a particular product or services for a City need. Describe the pilot, specify the scope of the pilot, and attach information to confirm that the pilot is part of a purposeful department pilot initiative. Other. Describe. Why is this the only company that can provide the sole source product or service? The reference section reference section explains why a particular product, manufacturer or service is necessary. The section below discusses why the company you request is the only available company. Cost/Quote support: Estimated $30,000 annually. Our staff believes this is a fair and reasonable price. Therefore, it is my determination that it is in the City’s best interests to purchase the E-One grinder pump maintenance services through direct negotiation, pursuant to BMC 2.76.090 and 2.76.010, and that sole source purchase of these services is justified for this procurement. Recommended by: _________________________________________ Bill Davis, Managing Engineer – Utilities Approved by: Ejhjubmmz!tjhofe!cz!Uipnbt! Lovdlfz! Uipnbt!Lovdlfz Ebuf;!3132/13/36!24;47;57!.19(11( _________________________________________ Tom Knuckey, Director of Public Works and Utilities Page 2 Correct Equipment, Inc. February 25, 2021 January 7, 2021 To whom it may concern; Correct Equipment is currently the only authorized representative of Environment One Corporation (E/One) Sewer Systems Products in the State of Washington. This currently includes the sale and service of E/One grinder pump products in this territory. The Sales and Service Departments of Correct Equipmenthave been trained by E/One factory personnel to provide unparalleled; sizing and application assistance, product sales and after sale support/service on all E/One sewer products. Correct Equipmenthas a complete inventory of E/One grinder pump stations, pumps and panels in stock and their Service Department has a complete inventory of repair parts for E/One sewer products in their stocking warehouse(s). We would like to thank you for your interest in Environment One Sewer System products and extend our sincerest invitation for you to contact us if we can be of further assistance. Regards, David Breiner Sales Engineering Manager Environment One Corporation Direct Telephone: (518) 579-3054 E-mail: dbreiner@eone.com ENVIRONMENT ONE CORPORATION 2773 BALLTOWN ROAD NISKAYUNA, NEW YORK 12309-1090 TELEPHONE 518.346.6161 FAX 518.346.6188 www.eone.com INFORMATION ONLY ITEM CITY OF BREMERTON CITY COUNCIL A8 SUBJECT:City of Bremerton Development Study SessionDate: March 10, 2021 Staffing Needs for Community Development Presenter: Mayor Wheeler and Public Works & Utilities Development Phone: 360-473-5266 Engineering SUMMARY:Development in the City is at historic levels, with unprecedented permitting and construction activity being the new norm. Permit activity in 2020 was record-breaking, and activity to date in 2021is upover last year’s levels with no indication of slowing. At this information-only briefing Mayor Wheeler, DCD Director Andrea Spencer, and PW&U Director Tom Knuckey will provide an overview of how the City’s increased development activity is affecting thestaffing of both Community Development and Public Works & Utility’s Engineering Section and they will outline a plan for staffing needs in these two groups to support the economic development of the City and ensure timely plan reviewandinspection, and how we can avoid unnecessary construction delays. HANDOUTS:1) Outlineon Permitting and Development Staffing Needs& Cost Estimate Spreadsheet; and 2) Power Point Presentation STUDY SESSION AGENDA: No Presentation Full Presentation Form Created 5/4/15 NBSDI!21-!3132 EFWFMPQNFOU!TUBGGJOH!OFFET EDE!'!QX'V!EFWFMPQNFOU!FOHJOFFSJOH DJUZ!DPVODJM!JOGPSNBUJPO!CSJFGJOH! uif!gvmm! 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BEEJUJPOBM!QPTJUJPOT!OFFEFE Gjfme!eftjho!dpogmjdu!sftpmvujpoGjfme!dppsejobujpo!boe!qspcmfn!sftpmvujpo!cfuxffo!dpousbdupst-!efwfmpqfst-!qsjwbuf!vujmjujft-!bhfodjft!boe!uif!Efwfmpqnfou!Fohjoffs!Voefshspvoe!xbufs0tfxfs0tupsn!jotqf dujpo!up!dpogjsn!cbdlgjmm!tvjubcjmjuz-!dpnqbdujpo-!nbufsjbmt!bqqspwbm0sfkfdujpo-!qsfttvsf0wjefp!jotqfdujpo!boe!uftujohSpbe!jotqfdujpo!up!dpogjsn!hfpnfusjdt-!tjhiu!ejtubodf-!nbufsjbmt!bqqspwbm0sfkfduj po-!dpnqbdujpo-!qbwfnfou!nbsljohtTjefxbmlt-!!BEB!sbnqt-!esjwfxbz!bqqspbdift-!qbuit-!up!fotvsf!tuboebset!bsf!nfuUsff!qmboujoh!up!dpogjsn!sppu!cbssjfst-!jssjhbujpo-!usff!tvjubcjmjuz-!usff!ifbmui!!Tupsn xbufs!CNQ!jotqfdujpo!boe!OQEFT!sfqpsujohTjuf!sfdpoobjttbodf!up!dpogjsn!mfhjujnbdz!pg!efwfmpqfs!qspqptbmtSfwjfxt0bqqspwft!dpousbdups Efwfmpqnfou!Jotqfdups! DPTU!PG!UIF!QPTJUJPOT Dptut!bsf!tqmju!fwfomz!cfuxffo!uif!4!vujmjujft!boe!uif!Hfofsbm!Gvoe!tjnjmbs!up!fyjtujoh!qptjujpot zfbs! . up!sbuft!jo!uif!7 zfbs!jodsfbtf!jo!3135 . op!jnqbdu! . ofhmjhjcmf!pof Ä VUJMJUZ!GVOE!JNQBDUT!PG!OFX!QPTJUJPOT Xbufs!'!Tupsnxbufs!fwbmvbujpo!qfsjpeXbtufxbufs! Qsfwjpvtmz!gpsfdbtu!sbuf!jodsfbtft!pg!!4&!gps!Xbufs!'!Tfxfs-!boe!9/6&!gps!Tupsnxbufs!bsf!bttvnfeOfx!qptjujpot!beefe!cfhjoojoh!Kvmz!2-!3132; Ebticpbse!)fyqfotf!'!sfwfovf*!Fwbmvbujpo; OFYU!TUFQT OFYU!TUFQT Bdujpo . Nbsdi!35!Tuvez!TfttjpoBqsjm!8!Sfhvmbs!Nffujoh! Djuz!Dpvodjm!bdujpo!po!beejoh!4!GUFt!up!tvqqpsu!efwfmpqnfou; MARCH 10, 2021 Study Session C. EXECUTIVE SESSION Move to authorize the City Attorney to initiate and pursue any necessary litigation to abate any and all nuisances on property thth located at 1219 8 Street, 1106 8 Street, 4203 Westview Drive, 1014 Scott Avenue, 826 Chester Avenue, and 3536 West Arsenal Way.