Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
10/13/2021 STUDY SESSION AGENDA PACKET
______________________________________________________________ CITY COUNCIL 345 6th Street, Suite 100, Bremerton, WA 98337 Phone (360) 473-5280 WEDNESDAY, OCTOBER 13, 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 Study Session is open to the public to listen in, and except for Item B1, 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 October 20, 2021 City Council Meeting Agenda… Members of the public are invited to join the Zoom webinar by clicking on the following link: https://us02web.zoom.us/j/88034901738?pwd=dnRFQlY0TWd4ZUg4UzBSbjNIRkpRZz09 Or iPhone one-tap: US: +12532158782,,88034901738#,,,,*209823# or +13462487799,,88034901738#,,,,*209823# Or Telephone: Dial (for higher quality, dial a number based on your current location): US: +1 253 215 8782 or +1 346 248 7799 or +1 669 900 6833 or +1 312 626 6799 Webinar ID: 880 3490 1738 Passcode: 209823 Public questions or comments may be submitted ahead of time to City.Council@ci.bremerton.wa.us A. BRIEFINGS ON AGENDA BILL ITEMS 1. Amend Term of Reappointment for Will Maupin to the Bremerton Housing Authority Board of Commissioners 2. Purchase of NEOGOV Onboard and E-Forms Programs 3. Professional Services Agreement with River Oaks Communications for Cable Services Public Survey, Community Needs Assessment and Franchise Renewal Legal Services 4. 3rd Amendment to the Professional Services Agreement with BmcConsulting, LLC 5. Washington State Recreation and Conservation Office (RCO) Funding Board Project Agreement for the Haddon Park Renovation Project 6. Proposed Public Hearing on Resolution approving the 2022 Community Development Block Grant/HOME Funding Recommendations for Inclusion in the 2022 CDBG/HOME Action Plan 7. Proposed Public Hearing on Ordinance adopting 2021 Comprehensive Plan Amendments; and Ordinance adopting associated Zoning Code Amendments 8. Change Order No. 14 with Active Construction, Inc. for Kitsap Lake Elementary Safe Routes to School Project; and related Budget Adjustment 9. Purchase of 2022 International Navistar HV Cab and Chassis from RWC Group, Ltd. 10. Purchase of a Stainless-Steel Dump Body, Biosolids Spreader attachments and other associated equipment from The Fab Shop Continued on next page… 11. Public Works Agreement with Stripe-Rite, Inc. for the 2021 Pavement Marking Project 12. Ordinance repealing Chapter 9.18 of the Bremerton Municipal Code entitled “No Smoking Signs” 13. Ordinance repealing Section 9A.44.110 of the Bremerton Municipal Code entitled “Aggressive Begging” B. ACTION ON AGENDA BILL ITEMS 1. Purchase of a New Control Panel, Variable Frequency Drives, and associated Electrical Components from L2 Systems, LLC for Pump Station WB-6 C. GENERAL COUNCIL BUSINESS o Audit Committee Monthly Briefing – Chair Leslie Daugs o Finance, Investment & Parking Committee Monthly Briefing – Chair Michael Goodnow o Lodging Tax Advisory Committee Monthly Briefing – Chair Michael Goodnow o Other General Council Business D. ADJOURNMENT OF STUDY SESSION AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Amend Term of Reappointment for Will Maupin to the Bremerton Housing Study Session Date: October 13, 2021 Authority Board of Commissioners COUNCIL MEETING Date: October 20, 2021 Department: Legal Presenters: Brett Jette Phone: (360) 473-2345 SUMMARY: In 2017 Mr. Maupin was reappointed to the Bremerton Housing Authority Board of Commissioners. The reappointment should have been for the unexpired term ending December 31, 2021 rather than December 31, 2022. ATTACHMENTS: 1) Appointment of Will Maupin to the Bremerton Housing Authority Board of Commissioners; 2) Reappointment of Will Maupin to the Bremerton Housing Authority Board of Commissioners 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 amend the 2017 reappointment of Will Maupin to the Bremerton Housing Authority Board of Commissioners with the term expiring December 31, 2021. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 A1 AGENDA BILL CITY OF BREMERTON CITY COUNCIL mmmeeeeeeeeemmmeeeeeemmmmeeeeeeeeeemmmmmmmmemeeeeeeeeemmmmmmsmmmmmmmmmmmmmmmmmmmeeeme SUBJECT: Appointment to the Bremerton Study Session Date ON 3 a ( l Housing Authority Board of Commissioners COUNCIL MEETING Date DeC g ! l Department Executive Presenter Mayor Patty Lent Phone 4735266 SUMMARY. There is a vacancy on the Bremerton Housing Authority Board of Commissioners and it is recommended that Will Maupin be appointed to fill the vacancy effective 1/1/12 ATTACHMENTS FISCAL IMPACTS (Include Budgeted Amount) APPROVALS: DEPARTMENT DIRECTOR CITY ATTORNEY FINANCE DIRECTOR MAYOR RECOMMENDED MOTION: Motion to confirm the appointment of Will Maupin to the Bremerton Housing Authority Board of Commissioners effective 1/1/12 STUDY SESSION ACTION: D6Co ent e d General Business El Public Hearing COUNCIL PRESIDENT COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/02/2011 AGENDA BILL CITY OF BREMERTON CITY COUNCIL 6E SUBJECT: Confirm Reappointment of Study Session Date: October 25, 2017 Will Maupin to the Bremerton Housing COUNCIL MEETING Date: November 1, 2017 Authority Board of Commissioners Department: Executive Presenter: Mayor Lent Phone: (360) 473-5266 SUMMARY: The Mayor is seeking confirmation of the reappointment of Will Maupin to the Bremerton Housing Authority. Board of Commissioners to another five year term. His term expires on . 12/31/17. His new term will be, 1/1/18 and expire on 12/31/2022. ATTACHMENTS: Application to the Commission is available in the Mayor's Office. FISCAL IMPACTS (Include Budgeted Amount): None. STUDY SESSION AGENDA: ®imitLed Presentation Full Presentation STUDY SESSION ACTION: i® Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Move to confirm the reappointment of Will Maupin to the Bremerton Housing Authority Board of Commissioners with the term expiring December 31, 2022. I COUNCIL ACTION: [Approve Deny Table Continue No Action Form Updated 01/07/15 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: October 13, 2021 Purchase of NEOGOV Onboard and E-Forms Programs COUNCIL MEETING Date: October 20, 2021 Department: Human Resources Presenter: L. Denton & S. Ray Phone: (360) 473-2320 SUMMARY: Human Resources requests to purchase the Onboard and E-Forms programs from NEOGOV. These programs will allow Human Resources to modernize its processes and assist in the City’s initiative to move forward to a paperless environment. It will also assist with employee engagement as well as increase the ability to conduct business in a virtual environment. ATTACHMENTS: NEOGOV Services Agreement, Order Form, Memo to Council FISCAL IMPACTS (Include Budgeted Amount): American Rescue Plan Act funds will be used. No impact to the General Fund. NEOGOV has provided the City with a quote that includes a three (3) year subscription to the Onboard and E-Forms platforms, set up and training for both platforms, Laserfiche integration, and FinancePlus integration subscriptions in the total amount of $105,116.40 plus applicable WA State Sales Tax. The contract will be paid in yearly installments. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the purchase of the NEOGOV Onboard and E-Forms programs in the amount of $105,116.40 plus applicable Washington State Sales Tax; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 A2 HUMAN RESOURCES MANAGEMENT SUITE for the public sector Exhibit A Order Form NEOGOV Customer: Governmentjobs.com, Inc. (dba "NEOGOV") 300 Continental Blvd, Suite 565 El Segundo, CA 90245 United States billing@neogov.com Bremerton, City of (WA) City of Bremerton 345 6th Street Bremerton, WA 98337 USA Quote Valid From: 8/31/2021 Quote Number: Q-02816 Quote Valid To: 10/31/2021 Payment Terms: Annual Net 30 Order Summary Year 1 (11/4/21 - 11/3/22) Service Description Start Date End Date Term Price Onboard Subscription $9,572.00 eForms Subscription $13,675.00 Position Control Import Subscription $3,000.00 Employee Import Subscription $3,000.00 New Hire Export (IN) Subscription $1,525.00 Laserfiche Integration Subscription $4,500.00 Year 1 (11/4/21 - 11/3/22) TOTAL:$35,272.00 Year 2 (11/4/22 - 11/3/23) Service Description Start Date End Date Term Price Onboard Subscription $3,828.80 eForms Subscription $5,470.00 Position Control Import Subscription $1,200.00 Employee Import Subscription $1,200.00 New Hire Export (IN) Subscription $610.00 Service Description Start Date End Date Term Price Laserfiche Integration Subscription $1,800.00 Year 2 (11/4/22 - 11/3/23) TOTAL:$14,108.80 Year 3 (11/4/23 - 11/3/24) Service Description Start Date End Date Term Price Onboard Subscription $10,050.60 eForms Subscription $14,358.75 Position Control Import Subscription $3,150.00 Employee Import Subscription $3,150.00 New Hire Export (IN) Subscription $1,601.25 Laserfiche Integration Subscription $4,725.00 Year 3 (11/4/23 - 11/3/24) TOTAL:$37,035.60 Year 1 (11/4/21 - 11/3/22) Service Description Start Date End Date Term Price Onboard Training $1,500.00 Onboard Setup $1,500.00 eForms Setup and Training $3,000.00 Position Control Import Setup $3,000.00 Employee Import Setup $3,000.00 New Hire Export (IN) Setup $3,000.00 Laserfiche Integration Setup $3,700.00 Year 1 (11/4/21 - 11/3/22) TOTAL:$18,700.00 ORDER TOTAL: $105,116.40 A. Terms and Conditions 1.Agreement. This Ordering Document and the Services purchased herein are expressly conditioned upon the acceptance by Customer of the terms of the NEOGOV Services Agreement either affixed hereto or the version most recently published prior to execution of this Ordering Form available at https://www.neogov.com/service-specifications. Unless otherwise stated, all capitalized terms used but not defined in this Order Form shall have the meanings given to them in the NEOGOV Services Agreement. 2.Effectiveness & Modification. Neither Customer nor NEOGOV will be bound by this Ordering Document until it has been signed by its authorized representative (the “Effective Date”). Unless otherwise stated in this Ordering Document, all SaaS Subscriptions shall commence on the Effective Date. This Ordering Document may not be modified or amended except through a written instrument signed by the parties. 3.Summary of Fees. Listed above is a summary of Fees under this Order. Once placed, your order shall be non-cancelable and the sums paid nonrefundable, except as provided in the Agreement. 4.Order of Precedence. This Ordering Document shall take precedence in the event of direct conflict with the Services Agreement, applicable Schedules, and Service Specifications. B. Special Conditions (if any). Initial Term: 11/4/21 - 11/3/24 "Bremerton, City of (WA)" NEOGOV Signature: Customer_DS Signature: Signer_D S Print Name: CustomerName_DS Print Name: SignerName_DS Date: CustomerDate_DS Date: SignerDate_DS MEMORANDUM DATE: September 24, 2021 SUBJECT: NEOGOV Onboard and E-Forms Summary Human Resources is requesting to purchase NEOGOV’s Onboard and E-Forms programs to enhance our already existing NEOGOV platform, utilizing American Rescue Plan Act funds. The following describes how these programs will provide a streamlined onboarding process for new hires as well as upgrade the maintenance of personnel files. These programs will allow Human Resources to maintain and process all documents electronically and provide employees an interactive experience. OnBoard: 1. Automates onboarding tasks and increases productivity and engagement. 2. Form builder drastically reduces paper forms – all new hire forms can be created and stored digitally. 3. Documents can be signed electronically. 4. Improve the employee experience and be competitive in a largely candidate- driven job market. Increases employee engagement and provides a more professional appearance. Modernizes the process. 5. New hire portal can be configured to include checklists, new hire documentation, policy acknowledgments, videos and trainings. This will eliminate providing paper documents, eliminating touch points and the necessity to obtain wet signatures. 6. New hire information can be integrated with FinancePlus, eliminating data entry in multiple locations. This will protect against data entry errors. 7. Employees will be able to complete new hire documents electronically. Documents completed by employees will be available to them for future reference. 8. Reduces paper waste; each orientation packet and new employee file, is approximately one (1) ream of paper per employee (500 pages). We believe most employees discard a large portion of their orientation packet. Human Resources Department Leighann Denton, Human Resources Analyst II 345 6th Street, Suite 100, Bremerton, WA 98337 Phone: 360-473-2320 Fax: 360-473-2333 leighann.denton@ci.bremerton.wa.us E-Forms: 1. Allows Human Resources to create and store digital personnel files. No more paper files. 2. Easily create online forms and make them available to employees in one location. 3. Improve processes by creating workflows for internal routing and electronic signatures on employee acknowledgements, new hire paperwork, personnel action forms, request to hire forms, etc. Workflows will allow for greater efficiencies in tracking and decrease loss and mismanagement of documents. 4. Offers self-service tools to employees, Costs: NEOGOV has provided the City with a quote that includes a three (3) year subscription to the Onboard and E-Forms platforms, set up and training for both platforms, Laserfiche integration, and FinancePlus integration subscriptions in the amount of $105,116.40. The quote reflects a full license price due year 1, 60% off in year 2, and then back to regular pricing with a 5% increase for year 3. The discount offered has a deadline of October 30, 2021. This contract will be paid in yearly installments. In conclusion, we believe these new platforms would allow human resources to modernize its processes and assist in the City’s initiative to move forward to a paperless environment. It will also assist with employee engagement as well as increase the ability to conduct business in a virtual environment. Human Resource personnel would be able to research employee files digitally and offer employees self-service tools, thereby supporting more intuitive and interactive processes. Thank you for your consideration. NEOGOV Onboard and E-Forms City Council Study Session October 13, 2021 Onboard Overview Streamlines and automates new hire paperwork, processes, and training. Assigns checklists to new hires before their first day. Ability to easily create electronic forms. Forms are electronically signed. New hire information is integrated with FinancePlus, the City’s HRIS system, and Laserfiche. Benefits •Modernizes the onboarding process and provides a professional appearance and experience for new hires. •Increases productivity and engagement for new hires. •Form builder will drastically reduce the need for paper forms and documents. •Electronic signatures will eliminate the need for obtaining wet signatures. •All employee documents can be stored electronically and integrated with Laserfiche. •Eliminates touch points. •New hire information is integrated with FinancePlus. FinancePlus is the Human Resources Information system where all employee information is stored. Employee information will only have to be entered once, thereby decreasing data entry in multiple locations. This process will reduce data entry errors across multiple programs. •Employees will have access to all completed forms for future reference. E-Forms Overview Create and store digital personnel files. Create online forms and make them available to employees in one location. Create workflows for internal routing. Electronic signature capability. Offer employees self-service tools. Benefits •Personnel files can be stored digitally. No more paper files and no need for storage areas. •Offers employees self-service tools. •Improves processes by creating workflows for internal routing of documents and policies. •Ensures public sector compliance through automatically initiated processes. •Allows for greater efficiencies in tracking and decreases loss and mismanagement of documents. •Eliminates touch points. •Forms are easily created in electronic format and made available to employees in one location. •Central repository for all employee paperwork. New hire documents from Onboard can be accessed in E-Forms. Costs Three (3) year subscription (includes Onboard, E-forms and integrations): Year 1 –Regular subscription rate: $35,272.00 Year 2 –60% discount on regular subscription rate: $14,108.80 Year 3 –Regular subscription rate with a 5% increase: $37,035.60 Implementation Costs: $18,700.00 Total Three-Year Cost: $105,116.40 Conclusion The implementation of the Onboard and E-Forms programs would be building on the already established NEOGOV platform. NEOGOV is currently being used for recruitment and training purposes. Onboard and E-Forms would allow Human Resources to modernize its processes and assist in the City’s initiative to more forward to a paperless environment. It will also assist with employee engagement as well as increase the ability to conduct business in a virtual environment. Human Resource personnel would be able to research employee files digitally and offer employees self-service tools, thereby supporting more intuitive and interactive processes. Human Resources personnel have contacted several other cities in Washington regarding their experiences with these programs. All feedback has been positive. If implemented, Human Resources will be working with Finance, IT, and Payroll to ensure a seamless transition in utilizing the programs. Thank you for your consideration. AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Professional Services Agreement with River Oaks Communications for Cable Services Public Survey, Community Needs Assessment and Franchise Renewal Legal Services Study Session Date: October 13, 2021 COUNCIL MEETING Date: October 20, 2021 Department: Finance Presenter: Jon Rauch Phone: (360) 473-5306 SUMMARY: The 10-year Franchise agreement between the City of Bremerton and Comcast is scheduled to expire July 3, 2023 and per Section 626 of the 1984 Cable we have begun the renewal procedure. The required renewal procedure includes the identification of new community cable telecommunication needs, PEG access review, and a finance review. The process then moves on to negotiation of a new Franchise agreement. This renewal is expected to address the impacts of FCC Order 19-80 capping the Franchise fee at 5% and allowing the market value of governmental lines to be reduced from the Franchise fee. For this reason and to facilitate the necessary community outreach we have engaged with River Oaks Communication and propose a service agreement to use their expertise in this area. ATTACHMENTS: Professional Services Agreement with River Oaks Communication FISCAL IMPACTS (Include Budgeted Amount) Finance BKAT (included in 2022 approved budget) total annual compensation is $199,139; the request includes a 2021 budget amendment of $30,000 with the remaining $169,139 in the 2022 budget. STUDY SESSION AGENDA:☒Limited Presentation ☐Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐General Business ☐Public Hearing RECOMMENDED MOTION: Move to approve the Professional Services Agreement with River Oaks Communications, 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 01/02/18 A3 Page 1 of 8 Bremerton/[River Oaks] Telecommunications Public Survey, CNA, and Franchise Renewal services Rev. 06/2020 PROFESSIONAL SERVICES AGREEMENT with the City of Bremerton for Telecommunications Public Survey, Community Needs Assessment, and Franchise Renewal services The City of Bremerton (“City”) and River Oaks Communications Corporation (“Consultant”), referred to collectively as the “Parties,” enter into the following Agreement for professional services: I. Scope: The Consultant agrees to perform the services more specifically described in the Scope of Work, dated September 7, 2021 including any attachments thereto, attached hereto as Exhibit A, which is incorporated by reference herein. The Scope of Work may be modified only pursuant to Section VII.H of this Agreement. If the Scope of Work provides for unspecified additional services such services shall only be performed upon the express written request of the City. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time such services are performed. II. Term: The City and the Consultant agree that work will begin on the tasks described in Exhibit A immediately upon execution of this Agreement. The parties agree that the work described in Exhibit A is to be completed as provided for in the work schedule attached hereto as Exhibit B; provided however, that additional time shall be granted by the City for excusable delays or extra work as provided for in Section IX.A of this agreement. III. Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Consultant in an amount not to exceed $199,139.00. Consultant’s charges and bills shall conform to the fee schedule attached hereto as Exhibit C and incorporated herein by this reference. The Consultant shall submit regular billing statements detailing work performed and amount charged on each task or portion thereof. The descriptions shall conform to and fall within the categories set out in the Scope of Work and/or Fee Schedule. Upon receipt of a conforming billing statement, the City shall promptly process payment. PROVIDED, HOWEVER, the City reserves the right to prioritize scoped work and accelerate and/or delay work tasks under the time frame set forth in Section II herein. The Consultant's labor rates and billing fees shall be as delineated in Exhibit C. Consultant shall not perform work beyond the Scope of Work, nor shall be compensated for such work, unless the Scope of Work or amount of compensation is modified pursuant to this Agreement. Consultant shall only be compensated for additional services if requested pursuant to Section I and, if not otherwise provided, such compensation shall be in accordance with Exhibit Page 2 of 8 Bremerton/[River Oaks] Telecommunications Public Survey, CNA, and Franchise Renewal services Rev. 06/2020 If a billing statement does not conform to this Agreement, the City may withhold payment until the statement is brought into compliance. Such withholding does not relieve Consultant of its obligations under this Agreement. IV. Relationship of Parties: Consultant represents that it is skilled in the matters addressed in the Scope of Work and is performing independent functions and responsibilities within its field of expertise. Consultant and its personnel are independent Consultants and not employees of the City. Consultant and its personnel have no authority to bind the City or to control the City’s employees and other Consultants. None of the benefits provided by the City to its employees, including, but not limited to, compensation, insurance, and unemployment insurance are available from the City to the employees, agents, representatives, or sub-consultants of the Consultant. Consultant will be solely and entirely responsible for its acts and for the acts of Consultant's agents, employees, representatives and sub-consultants during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent Consultants to perform the same or similar work. As an independent Consultant, Consultant is responsible for its own management. The City’s administration and enforcement of this Agreement shall not be deemed an exercise of managerial control over Consultant or its personnel. As an independent Consultant, Consultant is responsible for payment of all taxes and licensing fees necessary to perform its obligations under this Agreement. These taxes and fees include but are not limited to State industrial insurance, Business & Occupation, State professional licensing, and City business licensing. If any taxes or fees due the City have been declared delinquent, the City may withhold the delinquent amount, plus any additional charges arising from the delinquency, from any payments due Consultant. V. Indemnification: A. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the performance of this Agreement except for that portion of the injuries and damages caused by the City’s sole negligence, unless Consultant is conducting work pursuant to Subsection B below. The City's review or acceptance of any of the work when completed shall not be grounds to avoid any of these covenants of indemnification. B. Architects, Engineers and Any Other Professional Listed In and Performing Services Defined in RCW 4.24.115. Should a court of competent jurisdiction determine that Consultant’s services provided pursuant to this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, Page 3 of 8 Bremerton/[River Oaks] Telecommunications Public Survey, CNA, and Franchise Renewal services Rev. 06/2020 officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. VI. Insurance: The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees, sub-consultants or sub-contractors. Before beginning work on the project described in this Agreement, the Consultant shall provide a Certificate of Insurance evidencing: 1. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 2. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; explosion, collapse and underground (XCU) if applicable; and 3. Excess Liability insurance with limits not less than $1,000,000 limit per occurrence and aggregate; and 4. Professional Liability insurance with limits no less than $1,000,000 limit per occurrence/claim; and 5. Workers Compensation insurance as statutorily required by the Industrial Insurance Act of the State of Washington, Title 51, Revised Code of Washington and employer's liability with limits not less than $1,000,000. Any payment of deductible or self-insured retention shall be the sole responsibility of the Consultant. All required policies shall be provided on an “occurrence” basis except professional liability insurance (if required), which may be provided on a “claims-made” basis. The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Consultant and a copy of an Page 4 of 8 Bremerton/[River Oaks] Telecommunications Public Survey, CNA, and Franchise Renewal services Rev. 06/2020 endorsement that is acceptable to the City, which names the City as an additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all the required insurance policies and endorsements. The City further reserves the right to reject any unacceptable policies and/or endorsements. The Consultant's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. The Consultant's insurance shall be primary and non-contributory insurance as respects the City and shall contain a waiver of subrogation against the City for claims arising out of a ny operations, liabilities and obligations to which coverage applies. It shall be an affirmative obligation upon Consultant to advise the City’s Risk Manager by fax at (360) 473-5161, or by certified mail, return receipt requested to City of Bremerton, Attn: Risk Management, 345 6th Street, Suite 100, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy set out herein, and failure to do so shall be construed to be a breach of this Agreement. The City also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage. In the event that the Consultant employs other consultants or contractors (sub-consultants or sub-contractors) as part of the work covered by this Agreement, it shall be the Consultant’s responsibility to require and confirm that each sub-consultant or sub-contractor meets the minimum insurance requirements specified above. The Consultant shall, upon demand of the City, deliver to the City copies of such policy or policies of insurance and the receipts for payment of premiums thereon. VII. General Conditions: A. Reports and Information: When requested by the City, Consultant shall furnish periodic reports and documents on matters covered by this Agreement. The reports and documents shall be furnished in the time and form requested. Consultant shall maintain accounting records in accordance with Generally Accepted Accounting Principles (“GAAP”) to substantiate all billed amounts. B. Ownership and Use of Records and Documents: Original documents, drawings, designs and reports, including those in electronic format, developed under this Agreement are the property of the City. All written information submitted by the City to the Consultant in connection with the services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at least the same extent as the Consultant safegu ards like information relating to its own business. Consultant shall not be required to submit to the City any personally identifiable information obtained in the course of its work including but not limited to names, addresses, rate Page 5 of 8 Bremerton/[River Oaks] Telecommunications Public Survey, CNA, and Franchise Renewal services Rev. 06/2020 information, products, programming or subscription choices or related information of subscribers or non-subscribers and all such information shall be redacted by Consultant prior to delivery to the City. If such information is publicly available or is already in Consultant's possession or known to it, or is rightfully obtained by the Consultant from third parties, Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise. Consultant recognizes that the City of Bremerton is required to meet the regulatory requirements of the Washington State Public Records Act as defined in RCW 42.56. All data, documents and files created by Consultant under this Agreement may be stored at Consultant's office in Colorado Springs, Colorado. Subject to the foregoing regarding personally identifiable information and redacting, Consultant shall make such data, documents, and files available to the City upon its request at all reasonable times for the purpose of editing, modifying and updating as necessary until such time as the City is capable of storing such information in the City's offices. Duplicate copies of this information shall be provided to the City upon its request, and at reasonable cost. All documents, including all reports, drawings, specifications, computer software or other items prepared or furnished by Consultant pursuant to this Agreement, are instruments of service with respect to the project and are the property of the City. Any reuse by the City for other than the specific purpose intended will be at City’s sole risk. C. Use of Photographs and Images. Consultant shall not use or distribute photographs or images depicting City officials, personnel, property, or equipment whether prepared by Consultant or provided by City without prior written consent of the City. The City will not unreasonably withhold its consent. D. Work Performed at Consultant's Risk: Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and sub-consultants in the performance of the work hereunder and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for an y loss of or damage to materials, tools, or other articles used or held for use in connection with the work. E. Place of Work: The Consultant shall perform the work authorized under this Agreement at its offices in Colorado Springs, Colorado and Centennial, Colorado. Meetings with the City staff as described in Exhibit A, Scope of Work, shall take place at the City's offices, or at locations mutually agreed upon by the parties. F. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. G. Severability: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. Page 6 of 8 Bremerton/[River Oaks] Telecommunications Public Survey, CNA, and Franchise Renewal services Rev. 06/2020 H. Modification: This Agreement may only be modified by written instrument signed by both Parties. I. Written Notices: All communications regarding this Agreement shall be sent to the parties at the addresses listed below by registered or 1st class mail, or by personal service, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. Notices to be sent to: Notices to be sent to: CITY: CONSULTANT: Attn: Contracts Administrator Attn: Thomas F. Duchen, President City of Bremerton River Oaks Communications Corporation 345 6th Street, Suite 100 6 South Tejon Street, Ste. 519 Bremerton, WA 98337-1891 Colorado Springs, Colorado 80903 J. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power. K. Non-Waiver of Breach: The failure of the City to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein conferred in one or more instances shall not be construed to be a waiver or relinquishment of said covenants, agreements or options, and the same shall be and remain in full force and effect. L. Compliance with Laws: Consultant shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. M. Choice of Law and Venue: This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. N. Attorneys’ Fees: In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney’s fees. O. Assignment: Any assignment of this agreement by the Contractor without the written consent of the City shall be void. VIII. Equal Employment Opportunity Statement: In the hiring of employees for the performance of work under this Agreement, the Consultant, its subcontractors, or any person acting on behalf of Consultant shall 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 presence of any physical, mental or sensory disability. Page 7 of 8 Bremerton/[River Oaks] Telecommunications Public Survey, CNA, and Franchise Renewal services Rev. 06/2020 IX. 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. X. Termination: This Agreement shall remain in force until completion and acceptance of the services, terminated by written instrument upon mutual consent, or by the City of Bremerton for convenience. This Agreement may be immediately terminated for cause by a Party if the other Party substantially fails to perform through no fault of the terminating Party, and the non- performing Party does not commence correction of the failure of performance within thirty (30) days of the terminating Party’s sending notice to the non-performing Party. Any Notice by Consultant shall include a report showing the status of all items listed in the Scope of Work current through the termination date. If the City receives reimbursement by any federal, state, or other source for work described in Section I herein, and that funding is withdrawn, reduced or limited in any way, or the project is cancelled or substantially reduced after the execution date of this Agreement and prior to the completion of the work, the City may summarily terminate this Agreement. A. Excusable Delays: The right of Consultant to proceed shall not be terminated nor shall Consultant be charged with liquidated damages for any delays in the completion of the work due to: 1) any acts of the federal government in controlling, restricting, or requisitioning materials, equipment, tools, or labor by reason of war, national defense, or other national emergency; 2) any acts of the City, its consultants, or other public agencies causing such delay; and 3) causes not reasonably foreseeable by the parties at the time of the execution of the Agreement that are beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God, fires, floods, strikes, or weather of unusual severity. PROVIDED, HOWEVER, that the Consultant must promptly notify the City within ten (10) calendar days in writing of the cause of the delay. If, on the basis of the facts and the terms of this Agreement, the delay is properly excusable, the City shall, in writing, extend the time for completing the work for a period of time commensurate with the period of excusable delay. B. Rights Upon Termination: In the event of termination, the City shall pay for all services performed by the Consultant to the effective date of termination, as described on a final invoice submitted to the City. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project which may be used by the City without restriction. Any such use not related to the project which Consultant was contracted to perform shall be without liability or legal exposure to the Consultant. XI. Suspension & Debarment. For contracts involving Federal funding, Consultant hereby certifies, by signing this agreement, that neither it nor its principals are presently debarred, Page 8 of 8 Bremerton/[River Oaks] Telecommunications Public Survey, CNA, and Franchise Renewal services Rev. 06/2020 suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Consultant shall provide immediate written notice to the City if at any time it learns that it is or has become ineligible for certification. Should Consultant enter into a covered transaction with another firm, Consultant agrees by signing this agreement that it will verify that the firm with whom it intends to do business is not debarred, suspended, ineligible, excluded or disqualified. IN WITNESS WHEREOF, the parties below have executed this Agreement. CITY: CONSULTANT: CITY OF BREMERTON River Oaks Communications Corporation By: By: Print Name: Print Name: Thomas F. Duchen Its: Its: President Date: Date: APPROVED AS TO FORM: ATTEST: By: By: Kylie J. Finnell, Bremerton City Attorney Angela Hoover, City Clerk R:\Legal\Legal\Forms\FORMS ON COBWEB\Professional Services Agreement Rev. 06 2020.docx 1 Broadband Telecommunications Community Outreach, Surveys and Franchise Renewal Services for the City of Bremerton, Washington Exhibit A Service Tasks Task 1 Project Management This task includes all work related to the management, administration, and coordination of work activities for the project. The Project Kick-off meeting is assumed to be two (2) hours in length and two (2) hours for preparation of material for the meeting. Consultant Task Leads, up to three (3) additional key team members, and Project Manager (PM) will attend the Project Kick-off meeting. The Project Kick-off meeting will be held using Microsoft Teams. Bi-weekly project management team meetings will be one (1) hour in duration and be held remotely. Up to nine (9) project management team meetings will be held. Publicly available demographic information will be collected by the Consultant for use in the Community Engagement Plan Task 1.1 Project Management Plan This task involves the development of a Project Management Plan (PMP). The purpose of the PMP is to define how the project will be delivered and coordinated with the City and the various scope activities and tasks including project communications, monitoring, and project controls. The PMP will include: Overall project schedule using Microsoft Excel, budget, and Work Breakdown Structure (WBS). This may also include general administration tasks related to project planning and development. Identification of the project team for each task (including organization structure). Development of quality assurance/quality control (QA/QC) plan. Project team communications plan (internal and external). Develop and maintain the project schedule. Monthly reporting procedures. A change management procedure for adjusting the project scope, budget, or schedule. Monthly updates to the project schedule. Task 1.2 Project Kick-off Meeting The purpose of the kick-off meeting is to formally notify all team members that the project has begun and make sure everyone has a common understanding of the project and their roles. The Consultant will attend one project kick-off meeting with the City, key Targeted Needs Assessment members, and the Consultant team. This meeting will review project objectives, communication protocol, and schedule. 2 Task 1.3 Project Management Team Meetings The Project Management Team (PMT) will consist of the Consultant PM and the City project management staff. The Consultant will hold bi-weekly PMT meetings with project staff and provide updates on progress; discuss coordination items; and prioritize tasks, schedule, and delivery dates. The agenda and meeting minutes shall be prepared by the Consultant. Task 1.4 Project Monitoring and Invoicing This work will include the continuous monitoring of the project budget, scope, and schedule. The Consultant will prepare and submit a monthly progress report and invoice for the duration of this scope. Task 1.5 Deliverables: Project management plan Project Kick-off meeting materials Compilation PMT meeting agendas and notes Monthly invoices and progress reports Task 2 Community Engagement Consultant will provide survey link for the City to post on project website. The paper survey will not be mailed but will be distributed by the City or community-based organizations. City will print and distribute all paper copies of open house and survey materials. City to host virtual open house meetings using Zoom Video Webinar. Virtual open house meetings will be up to two (2) hours in duration. Virtual open house meetings will be accessible for people who use ASL and languages other than English, by request. There will be up to three (3) virtual open public house meetings to gather citizen input regarding Comcast performance and the City’s future Telecommunication needs. City to host Targeted Needs Assessment Focus Group meetings using Microsoft Teams. Up to five (5) two-hour Targeted Needs Assessment Focus Group public forums/workshops will be held. Up to two (2) Focus Group Meetings consisting of the City and BKAT/School Officials. Up to two (2) Consultants will attend each Community Focus Group meeting. The City will provide notes for each of the Targeted Needs Assessment Focus Group meetin gs. City will reach out to all Targeted Needs Assessment Focus Group members to request their participation, including the BKAT Citizens Board (BKATB). One Consultant staff member will support the City and attend up to three (3) City Council Briefings. City will host the project website. Up to two (2) rounds of review for all materials. All web-based material for public review will be Title VI compliant. 3 Translation services for the virtual open houses are assumed as requested by the City. No additional translation services are assumed in this scope of services. Task 2.1 Community Engagement Plan The Consultant will produce one (1) draft and one (1) final Community Engagement Plan (CEP) that includes: communication goals, key messages, audience, demographic analysis, list of key Community Focus Group members, inclusive and equitable outreach methods, risks, and opportunities. The Consultant will use publicly available citywide demographics information for development of this plan. Task 2.2 Public Information Survey The Consultant will develop a draft survey focused on gaining information about people's use of broadband networks in the City, cable needs and interests, and viewership habits. Examples of requested information will include issues that influence consumer decisions, and information about their Broadband connection issues by use and location. The Consultant shall include survey materials tailored to outreach to specific diverse communities such as arts, economic and racial communities (e.g., performing arts, immigrant, and refugee, etc.). After City review and input from key stakeholders the Consultant will meet with the City to confirm final updates to the survey. Based on the outcome of the review meeting, the Consultant will finalize the survey. Once finalized for public participation, the survey will be posted online for public input. The Consultant will provide a version of the survey that can be printed and distributed in paper format. The survey will be available for input for two (2) weeks. The City will be responsible for public notification about the survey to maximize public participation. The Consultant will summarize findings from the survey and provide a summary report that outlines key findings. It is assumed that the survey will take no more than ten (10) minutes to complete, will have no more than one (1) open ended question, and no more than 3,000 completed surveys will be submitted for summary. River Oaks and CBG will build on its current understanding of how gaps in residential broadband service impact the City as a whole, in developing an online and written residential survey instrument to specifically define where, and what types of broadband services exist today and the perceived reliability, speed and cost of these services, as well as cable needs and interests and viewership habits. Conduct a Targeted Residential Broadband/Cable Survey River Oaks and CBG will work with the City to create a residential broadband and cable survey designed to ensure results that provide the needed information on the current and future residential demand for broadband and cable products and services. It will help define the current state of broadband where gaps exist for basic broadband (FCC Definition: 25 Mbps download and 3 Mbps upload for residential) as well as higher tiers and levels of service needed for home businesses and small office/home office (SOHO) locations in the area. River Oaks, CBG and its Team Partner, Dr. Connie Book, will help target the residential broadband and cable survey to achieve a significant qualitative response. We will compile the results of the survey and upon completion of the compilation of the data, River Oaks and CBG will analyze the data and provide an executive summary and narrative report of survey findings and recommendations related to the areas of focus for resulting actions by the City. Residential On-line/Written Survey 4 Specifically, River Oaks, CBG and Dr. Book will work as a highly effective expert team to perform and analyze an online/written-based survey ascertainment of residents’ current and potential future use of broadband and cable services. This will include all work needed, from survey instrument design to information gathering, results tabulation, findings analysis and report generation. Respondents, for example, will be asked questions pertaining to a variety of areas related to current and needed use of broadband infrastructure, technologies and services. Topic areas covered by such surveys include, but are not limited to: o Geographic location o Availability of broadband/Internet/Cable access o Nature of current Internet access services utilized (type, transfer rate, etc.) o Attitudes toward a variety of broadband and cable-related issues o Viability of current connection speed (transfer rate) o Cost of current Cable and Internet access o Acceptable costs for improved Cable and Internet Services o Customer service experience o Installation o Applications o Preferences of various types of devices used to access the Internet o Preferences for various types of providers and systems o Support for various levels of City involvement for expanding broadband o If Internet and/or Cable TV access has not been adopted, detailed reasons why not o Future needs and interests in broadband and Cable services o Technology training needs, and o Other related issues A number of background questions will also be asked to elicit demographic information. Questions will be crafted such as the age of the respondent, the age of persons in the household, ethnicity, household income, education level and gender. All of these items can be important in correlating the results later in the compilation and delivery phase of the residential portion of the Study. The survey instrument will be designed, such that most questions will allow for answers to be recorded using a simple check box format by the resident filling out the survey. This typically provides for the highest degree of accuracy in information gathering. In one case, an open-ended question will be asked to get an unprompted response. Survey Conduct The online written survey will be performed using the above-described survey instrument developed with corresponding data points. It will take no more than 10 minutes to complete. River Oaks, CBG and Dr. Book would work with the City to utilize their web site to provide access to, and promotion of, the on-line residential survey. Access will be provided by linking through to a service such as SurveyMonkey. The responses would then be imported into SPSS (Statistical Program for the Social Sciences) to analyze the data in a variety of useful ways (such as ANOVA [Analysis of Variance], which shows which responses are significantly related to each other). 5 The Web-survey would also be structured as a written-based instrument for public dissemination. Opportunities can also be developed to link to the Web survey from other allied organizations (such as PEG Channel Providers). It should be noted though, that for quantitative analysis to be performed, enough surveys need to be received with a range of demographics consistent with the population in the survey area. Otherwise, a qualitative analysis would be done to determine broadband and cable-related residential characteristics, attitudes and trends. CBG and its Team Partner will also work with City staff, as well as select community-based partners/stakeholders, to assist with the outreach and data collection for the on-line survey. Outreach includes setting the stage for eventual buy-in and participation in actions developed based on survey data collected, as well. Task 2.3 Targeted Needs Assessment Meetings and Workshops Consulting services will take place in partnership with City staff. Consultant will provide education to city staff and community about franchise agreements, including an overview of what can and cannot be addressed in franchise agreements. The Consultant will work with the City to convene a Targeted Needs Assessment (TNA) to represent key interests in the planning study. The TNA will meet five (5) times over the course of the project and provide input ahead of major planning milestones. The Consultant will draft a set of roles and responsibilities for use in the TNA meetings. The Consultant will prepare meeting agendas and draft meeting materials for discussion in the PMT meetings prior to the TNA meetings. Materials are anticipated to be shared with TNA members five working days prior to each meeting. The City will prepare meeting summaries after each TNA meeting to document input from the meeting members and outline any action items. Task 2.4 Virtual Open House Meetings - Workshops The Consultant will develop an event notice for the City to distribute prior to each event. Up to three (3) virtual meetings will be held over the course of the project. The Consultant will develop one (1) folio style printable copy for each virtual open house. Printing and distribution will be completed by the City. At least 1 Open House/Workshop will be for Educations Purposes and the final Open House/Workshop should present the survey results with the public, stakeholders and leadership. Virtual meetings will use a web-based platform hosted by the City, such as Zoom. Online open houses will feature the same materials as the virtual open house. Virtual meetings will consist of an introductory presentation using a PowerPoint slide deck followed by a City facilitated discussion or question and answer session. Questions will be posted to the chat box on the web site and will be copied for the records. Any questions that are posed verbally will be documented and added to the record. The Consultant will lead up to two (2) practice sessions prior to each virtual meeting. The Consultant will provide all electronic materials to the City after each of the meetings. 6 Consultant will work with the City to develop workplans for each of the workshops that will include materials, agenda, desired outcome, and list of participants. Each of the workshops will be two (2) hours in duration and will be held using a web-based platform that allows for break out groups. Workshop agendas are anticipated to be as minimum as follows: Pre-workshop – Hold Stakeholder/Leadership Meeting and conduct other on-site meetings. Virtual Open House -Workshop No. 1 o Share City project goals. o Provide brief educational presentations so workshop participants understand current process and the types of franchise-related requests that could be included in a franchise agreement. o Respond to questions from workshop participants. Workshop No. 2 – Present survey results with public, stakeholders and leadership. Disseminate Information – All the various Communities of Interest, including public, government, educational, community and business representatives, and other interested parties will need information about the cable franchising process and its potential for use in the City to meet their needs in order to maximize their participation in the needs assessment process. Topics to be reviewed could include: Evolution of Cable/Broadband Networks – both locally and around the country Basic Aspects of Cable Franchises and the Renewal Plan - including examples Future applications – including examples of current and potential future applications Such information can be disseminated in a presentation and hard copy format directly to interested parties, through workshops/briefings, through educational or governmental Websites, Chamber of Commerce newsletters and other business publications, educational publications, broadcast E-mail and a variety of other means. Task 2.5 City Council Briefings The Consultant will support up to three (3) City Council briefings. The Consultant will work with the City PM to develop a draft presentation for the City Council briefings. The presentation is expected to use graphics, data, and PowerPoint slides already developed for Targeted Needs Assessment or Open House meetings. No new material is anticipated for these briefings. Participation at the briefings will be remote using a web-based meeting platform. Task 2.6 Outreach Support The City will host a dedicated project phone and email to provide all people with an opportunity to learn more about the project. The Consultant will support the City by documenting the outreach shared by the City and providing support for responses to the public. Because this is a support role, it is estimated that up to four (4) hours per month will be attributed to this role. The City will also inform the public about comment drop boxes located throughout the City so that the public can provide comments about the project. The City will collect and share comments from the drop boxes with the Consultant for documentation with all other comments. Task 2.7 Equitable Outreach 7 Upon written authorization from the City for each virtual open house, the Consultant will provide a Spanish language translator. Written authorization will be needed no later than one (1) week prior to the meeting so the Consultant can decide with staff schedules. It is assumed that the translator will attend each of the virtual open house meetings and have time prior to the meeting to be familiar with the presentation for simplicity of translation. The City will be retaining a translator. If this is not the case, River Oaks will retain a translator to assist in this regard. Task 2.8 Outreach Report The Consultant will prepare a draft and final public outreach report to summarize and document the community engagement process including the public information survey results, Targeted Needs Assessment meetings, virtual meetings, open houses, City Council briefings, and community input received through the web interface. This report will be referenced as an appendix in the final Joint Compatibility Transportation Plan report. River Oaks and our team partners will take all the information gathered, review, compile and analyze it, and determine what broadband and cable-related needs are being demonstrated by the various Communities of Interest in the City. River Oaks and CBG and its Team Partners will then look at ways that Comcast could meet the demonstrated needs in a renewed franchise. Specifically, River Oaks and CBG would work with the City to identify the litany of needs that can reasonably be embodied in a franchise and the types of provisions to meet and embody such needs. We will include the results of all the component tasks chosen by the City into the Overall Written Community Needs Ascertainment Report. The report will include an executive summary and include verifiable support for all findings, conclusions and recommendations. Specifically, River Oaks, Dr. Book and CBG will prepare and submit a portion of the Report which contains the full results of the online/written residential survey, including all cross tabs and supporting data. The Report will include a detailed description of methodologies and analysis employed and supporting tables, charts and graphs. The Report will also outline existing and future needs related to PEG channel facility, equipment and technical operational needs. We will provide recommendations on any franchise modifications that would be needed to meet future needs. All of these findings will be summarized for inclusion in the Report with recommendations also for future improvements, enhancements, expansions and upgrades to meet the needs demonstrated over a 10-year period. The Final Ascertainment Report to the City will identify the broadband and cable-related needs elicited from the assessment process. The report will incorporate input from City staff and the identified Communities of Interest and include a description of methodologies employed and recommendations. River Oaks will use results from site visits, interviews, surveys, workshops, open houses, and other work to develop the recommendations in its Report. Through our research and analysis into all facets of this project, and using the research tools previously described, we will be able to focus on recommended franchise renewal requirements and strategies to meet demonstrated needs. The Report will be thorough and concise. It will provide a well- supported needs ascertainment foundation to be utilized effectively in cable franchise renewal proceedings. 8 Task 2.9 Deliverables: One Draft Community Engagement Plan Technical Memorandum One Final Community Engagement Plan Technical Memorandum Online survey Draft Public Information Survey results report Final Public Information Survey results report Targeted Needs Assessment materials Virtual meeting presentation materials and documented public comments. Folio of all public comments and responses Draft Community Engagement Summary Report Final Community Engagement Summary Report Task 3 Data Collection Data necessary to support analysis during the study will be outlined and collected early in the study. Data collection will supplement background planning, studies, channel viewership, channel programs and hours, and applicable information provided by the City, and the BKAT board. The study team will examine existing data and identify gaps that will be filled by new data collection. Data collection may include but is not limited to: 1. Existing data available from previous projects: The Consultant will coordinate with the City providing broadband customer data including the basic service rates. Data collected will be summarized in tabular format. Gaps in data will be identified to outline needs for additional surveys. 2. Data obtained from Comcast, the survey outlined in Task 2.9, and existing data will be used to outline key areas of service that require additional attention. Task 3.1 Deliverables: Electronic data files MA Memorandum 9 Task 4 Franchise Renewal Negotiation Plan Consultant will outline the key negotiation points for the new agreement Consultant will outline areas that cannot be addressed in the Franchise Agreement Consultant will calculate the amount of Franchise fee increase that the City is eligible to request based on the market value of the City’s in-kind public access return line infrastructure Consultant will address any community questions regarding the creation of a regional telecommunications consortium entity as the regional Franchise holder Consultant will provide recommendations regarding the impact of current and future legislation The City Web Master would input the Survey which would be tabulated at the City’s cost by Survey Monkey or similar platform The city would pay for the cost of sign language translators whose work would be necessary in connection with the public outreach River Oaks Work Plan in addition to that set forth above by the City: A. Review of existing Comcast Franchise Agreement, Wave Cable Franchise and CenturyLink Cable Franchise. B. Review of any pertinent City Cable Communications Ordinance. C. Address the Comcast Build-Out requirements since this impacts the deployment of Broadband. D. Address numerous matters for possible inclusion in the renewed Franchise. This will include matters with respect to Fiber Connectivity between City Buildings, placement of fiber to fill in City service gaps, add to existing City fiber runs, PEG Requirements and Channels, PEG Fees, Gross Revenues inclusions, FCC Orders, Definitional matters, Police Power issues, Term of Franchise, Free/Complimentary Cable Service to City, Police, Fire, Libraries and Schools, Joint Trenching, Competitive Equity, Audits, Financial Records, Tax Liability, Indemnification, Insurance, Letter of Credit and Bond, Local Customer Service Office, Open Records, Customer Service Standards and issues, Government Video on Demand, SD Issues, High Definition, Signal Quality of PEG Channels, Location of PEG Channels, Return Connectivity, Changes in Technology, Right -of-Way Standards (including consistency with the Bremerton Municipal Code, as applicable), Construction, Excavation, Burying Drops, Undergrounding, Inspection of Construction, Timeframe for Service Extensions and Service Availability, Emergency Alert System, Default Standards, Transfer of Ownership, Venue, and Governing Laws. This list is not exclusive. E. Undertake a review of the Comcast Franchise to initially identify items for inclusion in a Compliance review of Comcast. F. Continue to review and take into account the 1984 and 1992 Cable Acts, Telecommunications Act of 1996, FCC Orders (including the Third Cable Franchise Order of August 2019) and FCC R egulations and Washington Law in connection with the above. G. Continue to discuss with the City possible opportunities to expand Fiber Connectivity in the context of the Cable Renewal Process. 10 H. At this time, the City is not undertaking a Financial Franchise Fee Review of payments made for Franchise Fees and PEG Fees during the past 8 years. I. The City is not undertaking a Technical Review of the Comcast Cable System. Task 4.1 Deliverables: Franchise Renewal Negotiation Plan Outline Preliminary Franchise Renewal Plan for Telecommunication Broadband Franchise Renewals Provide a Basic Service Rate regional analysis Draft Comcast Telecommunications Franchise Agreement Franchise Agreement Negotiation plan outline 1) Public Participation Approach - Successful firm will propose a public participation approach with strategies to engage low/moderate income persons, minorities, persons with disabilities and non-English speaking members of the community. River Oaks and its Team will propose and develop strategies to reach out and include these persons. Digital Equity is a very important part of bridging the Digital Divide. In its work, River Oaks has for over 20 years represented in Colorado Springs, Colorado the K-12 School Districts, the Colorado School for the Deaf and The Blind, Pikes Peak Community College, Pikes Peak Library District and the University of Colorado at Colorado Springs. Within the K-12 communities, River Oaks has clients with 50-70% of the students who participate in the free or reduced lunch programs. River Oaks and its team partners will ensure that a number of demographic indicators are incorporated into engagement strategies, such as the age of the respondent, the presence of children in the household, ethnicity, education levels and gender. These items are important for making sure that public outreach is made to key audiences, while also representing a broad cross-section of the public. We will develop outreach connections to geographically targeted areas of interest. Our online survey will be available in both English and Spanish. Outreach for Under-represented and difficult-to-reach audiences, such as minority groups, seniors, and young people will be targeted through a variety of techniques, as the survey data comes in to ensure that these hard- to-reach communities of interest are able to participate. Additionally, we are committed to making electronic and information technologies accessible to individuals with disabilities by meeting or exceeding the requirements of Section 508 of the Rehabilitation Act. We require business partners (subcontractors) to ensure all electronic information and communication technology (ICT) systems, applications, web content, reports, and deliverables be accessible to people with disabilities (per Accessibility Requirements (Section 508) and best practices). River Oaks also ensures that all electronic documents, such as ongoing status reports, and invoicing, are accessible. While the accessibility of a specific format may influence the accessibility of specific document types, CBG utilizes the IT Accessibility Standards as outlined in Section 508 of the Rehabilitation Act of 1973 11 as amended (29 U.S.C. §794d) and the Revised 508 Standards. 12 EXHIBIT B DELIVERABLES AND TIMELINE Task 1 Project Management (October - November 2021) Task 1.5 Deliverables: Project management plan (October/November 2021) Project Kick-off meeting materials (October/November 2021) Compilation PMT meeting agendas and notes (October/November 2021) Monthly invoices and progress reports (first week of each month, starting November 2021) Task 2 Community Engagement (November 2021 – January 2023) Task 2.9 Deliverables: One Draft Community Engagement Plan Technical Memorandum (November/December 2021) One Final Community Engagement Plan Technical Memorandum (November/December 2021) Online survey (January 2022 development; February-March 2022 implementation) Draft Public Information Survey results report (April/May 2022) Final Public Information Survey results report (May/June 2022) Targeted Needs Assessment materials (January 2022 development; February–May 2022 implementation) Virtual meeting presentation materials and documented public comments (June 2022 development; July/August 2022 implementation) Folio of all public comments and responses (September/October 2022) City Council Briefings (August-October 2022) Draft Community Engagement Summary Report (November/December 2022) Final Community Engagement Summary Report (December 2022/January 2023) Task 3 Data Collection (November 2021 - December 2022) Task 3.1 Deliverables: Electronic data files (at end of project) MA Memorandum Task 4 Franchise Renewal Negotiation Plan (November 2021 - June 2023) Task 4.1 Deliverables: Franchise Renewal Negotiation Plan Outline (November 2021-March 2022) Preliminary Franchise Renewal Plan for Telecommunication Broadband Franchise Renewals (November 2021-June 2022) Provide a Basic Service Rate regional analysis (February 2022-May 2022) Draft Comcast Telecommunications Franchise Agreement (May 2022-August 2022) 13 Franchise Agreement Negotiation plan outline (August 2022-October 2022) Participate in negotiation sessions with the City and Comcast as requested by the City (October 2022- June 2023) Draft and prepare red-line drafts of the Comcast Cable Franchise for review by the City and Comcast (October 2022-June 2023) Finalize Comcast Cable Franchise in preparation for presentation to City Council (April 2023 – June 2023) The City and Consultant recognize that the timeframes with respect to the Franchise Renewal negotiations, preparation of red-line drafts and finalization of the Comcast Cable Franchise will be subject to the cooperation and responsiveness of Comcast. While there are aspects of the Comcast Cable Franchise that can move forward, there will be certain terms and conditions that will need to be negotiated after the gathering of the data and the development and finalization of the Needs Ascertainment Report and its review by Comcast. Thus, it is recognized that Consultant cannot control some of the timeframes in Task 4 which will be dependent upon Comcast. 14 EXHIBIT C FEES AND EXPENSES STATEMENT OF SERVICES City of Bremerton Broadband Telecommunications Community Outreach Surveys and Franchise Renewal Process ACKNOWLEDGMENT The Proposer agrees, if this proposition is accepted, to execute the Professional Services Agreement as included with the City of Bremerton to perform the WORK as specified or indicated in said Documents entitled “Broadband Telecommunications Community Outreach, Surveys and Franchise Renewal Request for Proposals (RFP)" The Proposer has examined copies of all the Documents, and accepts all of the terms and conditions of the Bid Documents, including any addenda. The Proposer has familiarized itself with the nature and extent of the RFP Documents, the legal requirements (federal, state and local laws, ordinances, rules, and regulations), the conditions affecting cost, progress or performance of the WORK and has made such independent investigations as Proposer deems necessary. In consideration of the services to be performed pursuant the Scope of Services, the City agrees to pay Consultant on a time and reimbursable cost basis according to the following schedule: Hourly billing rates:$175- $295/hour Reimbursable direct costs: Federal Express Postage; Long Distance Telephone Charges ; Fax; Copies; Travel; Meals and Lodging It is estimated that from the effective date of this Agreement until October 6, 2023 Consultant will work on the City's behalf in connection with matters described in the Scope of Services with a cap of $199,139. Consultant commits to perform the portion of the Services, which are solely within the control of Consultant, and not subject to expansion either by the City or other circumstances beyond the control of Consultant, for a total cost not to exceed the cap of $199,139. To all the foregoing, including all Forms contained in this RFP, said Proposer further agrees to complete the WORK required under the RFP Documents within the Contract Time stipulated in said Documents, and to accept in full payment therefore the Contract Price based on the Total Proposal Price. Date: June 25, 2021 Company Name: River Oaks Communications Corporation By: Title: Thomas F. Duchen, President (Printed Name and Signature) 15 CONTACT INFORMATION Name of Primary Contact: Thomas F. Duchen, President UBI #: 602-230-451 Telephone: 719-577-4881 Fax number: 719-477-0818 E-mail address: tduchen@rivoaks.com SCHEDULE Telecommunications Community Needs Assessment and Franchise Renewal RFP The Schedule must be completed by the Proposer by filling in each blank in dollars and cents with numerals only. Failure to do so will render the PROPSAL non-responsive and will cause its rejection. For descriptions of the task items, see the section titled Scope of Work. Task Item # Item Description Estimated Hours to Complete Hourly Rate ($) Extended Cost ($) 1 Project Management 80 175-295 23,600 2 Community Engagement 142 175-295 41,890 3 Data Collection 200 175-295 59,000 4 Franchise Renewal Negotiation Plan 165 175-295 48,675 SUBTOTAL 587 175-295 173,165 TOTAL PRICE Expenses-25,974 199,139 River Oaks Communications Corporation: By: Thomas F. Duchen, President END OF PROPOSAL FORMS 16 Additional Services At the request of the City, Consultant shall perform Additional Services beyond the tasks indicated above. The Consultant will be paid for such Additional Services based on an associated amendment to Exhibit A and at the rates identified in Exhibit C. AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: 3rd Amendment to Professional Services Agreement with BMcConsulting, LLC for Lobbying Services Study Session Date: October 13, 2021 COUNCIL MEETING Date: October 20, 2021 Department: Executive Presenter: Melinda Monroe Phone: (360) 473-5306 SUMMARY: On October 30, 2018 the City entered into a consulting agreement with BMcConsulting LLC. to provide lobbying services through June 30, 2019. In 2019 the first amendment to this agreement extended services to June 30, 2020. In October 2020, the City issued the second amendment extending the agreement to June 30, 2021. The City has again determined that they would like to extend this agreement another year and are issuing a third amendment to align this agreement with our budget year. For this reason, this third amendment extends the term of the contract through December 31, 2022. Payment is to remain the same for the same monthly period, as stated in the original agreement, not to exceed $54,000 annually. As this amendment typically has a mid-year termination date this will mean an additional amount of $24,000 through the end of 2021 via a budget adjustment is also requested. ATTACHMENTS: 1) BMcConsulting LLC Agreement (Original); 2) Third Amendment to Consulting Agreement FISCAL IMPACTS (Include Budgeted Amount) General Fund Non-Departmental (included in 2022 pending budget) total annual compensation is $54,000 - no change requested. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the third amendment with BMcConsulting LLC term extension; and related 2021 budget adjustment in the amount of $24,000 and $54,000 in the pending 2022 budget; and also authorize the Mayor to finalize and execute the amendment with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/18 A4 DocuSign Envelope ID: 95110A62-9407-42CE-8FD3-19723AEE357A Professional Services Agreement - BMcConsulting, LLC 1 SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN CITY OF BREMERTON AND BMcCONSULTING THIS SECOND AMENDMENT, entered into on the date fully executed below, specifically amends the Consulting Agreement (“Agreement”) entered into between the City of Bremerton and BMcConsulting LLC on October 30, 2018. WHEREAS, the parties amended the contract effective July 1, 2019 extending the term of the Agreement to June 30, 2020; and WHEREAS, the parties desire to amend the Agreement, as set forth in this Second Amendment, to extend the term of the Agreement to June 30, 2021; NOW THEREFORE, for valuable consideration and by mutual consent of the parties, the Agreement is amended as follows: 1. Term Extension. Section I entitled Term of the Agreement, is modified to extend the original Term of the Agreement so that the term now ends on June 30, 2021. 2. Compensation. Shall match the terms set forth in the original Consulting Agreement. The City shall pay Consultant a total of $54,000; $4,000 per month from July 1, 2020 to December 31, 2020, and $5,000 per month, from January 1, 2021 to June 30, 2021. 3. Written Notices. Section VII. General Conditions item I. Written Notices has been modified to reflect changes to the Consultant Address. It has been changed from BMcConsulting, LLC, 15 Marble Beach Dr. NW, Gig Harbor, WA 98332 to: Consultant Address: Bryan McConaughy BMcConsulting, LLC 7105 Marble Beach Dr. NW Gig Harbor, WA 98332 4. This document will become a supplement of the Agreement and all provisions will apply hereto. All other terms of the Agreement not specifically amended herein shall remain in full force and effect. DocuSign Envelope ID: 95110A62-9407-42CE-8FD3-19723AEE357A Professional Services Agreement - BMcConsulting, LLC 2 IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to Agreement on the day and year written below. BMcCONSULTING LLC CITY OF BREMERTON By Bryan McConaughy By Greg Wheeler Its Principal Its Mayor DATE: DATE: APPROVED AS TO FORM: ATTEST: Bremerton City Attorney City Clerk R:\Legal\Legal\Contracts\EXECUTIVE\BMcConsulting Amend 2.doc DocuSign Envelope ID: 95110A62-9407-42CE-8FD3-19723AEE357A 8/9/2020 8/9/2020 PROFESSIONAL SERVICES AGREEMENT BMcConsulting LLC The City of Bremerton ("City") and BMcConsulting LLC ("Consultant"), referred to collectively as the "Parties," enter into the following Agreement for professional services: I. Scope: The Consultant agrees to perform the services more specifically described in the Scope of Work, including any attachments thereto, attached hereto as Exhibit A, which is incorporated by reference herein. The Scope of Work may be modified only pursuant to Section VII.H of this Agreement. If the Scope of Work provides for unspecified additional services such services shall only be performed upon the express written request of the City. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time such services are performed. II. Term: The City and the Consultant agree that the term of this Agreement will be for one year beginning on July 1, 2018 and ending June 30, 2019. This Agreement may be terminated pursuant to Section IX. III. Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Consultant $4,000.00 per month from July 1, 2018 to December 31, 2018 and 5,000.00 per month from January 1, 2019 to June 30, 2019. The Consultant shall submit regular billing statements detailing work performed and amount charged on each task or portion thereof. The descriptions shall conform to and fall within the categories set out in the Scope of Work and/or Fee Schedule. Upon receipt of a conforming billing statement, the City shall promptly process payment. PROVIDED, HOWEVER, the City reserves the right to prioritize scoped work and accelerate and/or delay work tasks under the time frame set forth in Section II herein. The Consultant's labor rates and billing fees shall be as delineated in Exhibit C. Consultant shall not perform work beyond the Scope of Work, nor shall be compensated for such work, unless the Scope of Work or amount of compensation is modified pursuant to this Agreement. Consultant shall only be compensated for additional services if requested pursuant to Section I and, if not otherwise provided, such compensation shall be in accordance with Exhibit C. If a billing statement does not conform to this Agreement, the City may withhold payment until the statement is brought into compliance. Such withholding does not relieve Consultant of its obligations under this Agreement. IV. Relationship of Parties: Consultant represents that it is skilled in the matters addressed in the Scope of Work and is performing independent functions and responsibilities within its field of expertise. Consultant and its personnel are independent Consultants and not employees of the City. Consultant and its personnel have no authority to bind the City or to control the City's employees and other Consultants. None of the benefits provided by the City to its Bremerton/BMcConsulting LLC Lobbying Services Page 1 of 6 employees, including, but not limited to, compensation, insurance, and unemployment insurance are available from the City to the employees, agents, representatives, or sub -Consultants of the Consultant. Consultant will be solely and entirely responsible for its acts and for the acts of Consultant's agents, employees, representatives and sub -Consultants during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent Consultants to perform the same or similar work. As an independent Consultant, Consultant is responsible for its own management. The City's administration and enforcement of this Agreement shall not be deemed an exercise of managerial control over Consultant or its personnel. As an independent Consultant, Consultant is responsible for payment of all taxes and licensing fees necessary to perform its obligations under this Agreement. These taxes and fees include but are not limited to State industrial insurance, Business & Occupation, State professional licensing, and City business licensing. If any taxes or fees due the City have been declared delinquent, the City may withhold the delinquent amount, plus any additional charges arising from the delinquency, from any payments due Consultant. V. Indemnification: A. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the performance of this Agreement except for that portion of the injuries and damages caused by the City's sole negligence, unless Consultant is conducting work pursuant to Subsection B below. The City's review or acceptance of any of the work when completed shall not be grounds to avoid any of these covenants of indemnification. B. Architects, Engineers and Any Other Professional Listed In and Performing Services Defined in RCW 4.24.115. Should a court of competent jurisdiction determine that Consultant's services provided pursuant to this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. VI. Insurance: The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in Bremerton/BMcConsulting LLC Lobbying Services Page 2 of 6 connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees, sub -consultants or sub -Consultants. Before beginning work on the project described in this Agreement, the Consultant shall provide a Certificate of Insurance evidencing: 1. Professional Liability insurance with limits no less than $1,000,000 limit per occurrence/claim. 2. Workers Compensation insurance as statutorily required by the Industrial Insurance Act of the State of Washington. Any payment of deductible or self insured retention shall be the sole responsibility of the Consultant. All required policies shall be provided on an "occurrence" basis except professional liability insurance (if required), which may be provided on a "claims -made" basis. The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Consultant and a copy of an endorsement that is acceptable to the City, which names the City as an additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all the required insurance policies and endorsements. The City further reserves the right to reject any unacceptable policies and/or endorsements. The Consultant's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. The Consultant's insurance shall be primary and non-contributory insurance as respects the City and shall contain a waiver of subrogation against the City for claims arising out of any operations, liabilities and obligations to which coverage applies. It shall be an affirmative obligation upon Consultant to advise the City's Risk Manager by fax at (360) 473-5161, or by certified mail, return receipt requested to City of Bremerton, attn: Risk Management, 345 6tn Street, Suite 600, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy set out herein, and failure to do so shall be construed to be a breach of this Agreement. The City also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage. VII. General Conditions: A. Reports and Information: When requested by the City, Consultant shall furnish periodic reports and documents on matters covered by this Agreement. The reports and documents shall be furnished in the time and form requested. Consultant shall maintain Bremerton/BMcConsulting LLC Lobbying Services Page 3 of 6 accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to substantiate all billed amounts. B. Ownership and Use of Records and Documents: Original documents, drawings, designs and reports, including those in electronic format, developed under this Agreement are the property of the City. All written information submitted by the City to the Consultant in connection with the services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at least the same extent as the Consultant safeguards like information relating to its own business. If such information is publicly available or is already in Consultant's possession or known to it, or is rightfully obtained by the Consultant from third parties, Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise. All data, documents and files created by Consultant under this Agreement may be stored at Consultant's office in Gig Harbor, Washington. Consultant shall make such data, documents, and files available to the City upon its request at all reasonable times for the purpose of editing, modifying and updating as necessary until such time as the City is capable of storing such information in the City's offices. Duplicate copies of this information shall be provided to the City upon its request, and at reasonable cost. All documents, including all reports, drawings, specifications, computer software or other items prepared or furnished by Consultant pursuant to this Agreement, are instruments of service with respect to the project and are the property of the City. Any reuse by the City for other than the specific purpose intended will be at City's sole risk. C. Use of Photographs and Images. Consultant shall not use or distribute photographs or images depicting City officials, personnel, property, or equipment whether prepared by Consultant or provided by City without prior written consent of the City. The City will not unreasonably withhold its consent. D. Work Performed at Consultant's Risk: Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and sub -consultants in the performance of the work hereunder and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. E. Place of Work: The Consultant shall perform the work authorized under this Agreement at its offices in Gig Harbor, Washington. Meetings with the City staff as described in Exhibit A, Scope of Work, shall take place at the City's offices, or at locations mutually agreed upon by the parties. F. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. Bremerton/BMcConsulting LLC Lobbying Services Page 4 of 6 G. Severability: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. H. Modification: This Agreement may only be modified by written instrument signed by both Parties. I. Written Notices: All communications regarding this Agreement shall be sent to the parties at the addresses listed below by registered or 1 st class mail, or by personal service, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. City Address Greg Wheeler, Mayor City of Bremerton 3456 1h Street, Suite 100 Bremerton, WA 98337 Consultant Address Bryan McConaughy BMcConsulting, LLC 15 Marble Beach Dr. NW Gig Harbor, WA 98332 J. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power. K. Non -Waiver of Breach: The failure of the City to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein conferred in one or more instances shall not be construed to be a waiver or relinquishment of said covenants, agreements or options, and the same shall be and remain in full force and effect. L. Compliance with Laws: Consultant shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. M. Choice of Law and Venue: This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. N. Attorneys' Fees: In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney's fees. O. Assignment: Any assignment of this agreement by the Consultant without the written consent of the City shall be void. VIII. Nondiscrimination: Consultant shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status, disability, or sexual orientation except for employment actions based on bona fide occupational qualification. IX. Termination: Either party may terminate this Agreement at any time for any reason upon thirty (30) days prior written notice, subject to those obligations set forth in this Agreement Bremerton/BMcConsulting LLC Lobbying Services Page 5 of 6 which arise upon or survive termination. Any Notice by Consultant shall include a report showing the status of all items listed in the Scope of Work current through the termination date. A. Rights Upon Termination: In the event of termination, the City shall pay for all services performed by the Consultant to the effective date of termination, as described on a final . invoice submitted to the City. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project which may be used by the City without restriction. Any such use not related to the project which Consultant was contracted to perform shall be without liability or legal exposure to the Consultant. X. Suspension & Debarment. For contracts involving Federal funding, Consultant hereby certifies, by signing this agreement, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Consultant shall provide immediate written notice to the City if at any time it learns that it is or has become ineligible for certification. Should Consultant enter into a covered transaction with another firm, Consultant agrees by signing this agreement that it will verify that the firm with whom it intends to do business is not debarred, suspended, ineligible, excluded or disqualified. CITY OF BREMERTON CONSULTANT By:r Wheeler Its: a or Date: to ) 30 120 i 8 R:\Legal\Legal\Contracts\I XECU'I'I VE\BMcConsulting Agreement 2018 - Final.doc Bremerton/BMcConsulting LLC Lobbying Services Page 6 of 6 By: ryan McConaughy Its: Principal Date: 1 o l 30 1-3 AGENDA BILL 5GCITYOFBREMERTON CITY COUNCIL SUBJECT: Amendment No. 1 to the Study Session Date: June 12, 2019 Consulting Agreement with BMcConsulting, COUNCIL MEETING Date: June 19, 2019 LLC Department: Executive Presenter: Michael Riley Phone: (360) 473-5303 SUMMARY: On October 30, 2018 the City entered into a consulting agreement with BMcConsulting LLC. to provide lobbying services. This amendment extends the term of the contract through June 30, 2020. Payment is to remain the same for the same monthly period, as stated in the original agreement, not to exceed $54,000 annually as identified in the 2019 approved budget. ATTACHMENTS: BMcConsulting LLC Agreement Original; First Amendment to Consulting Agreement FISCAL IMPACTS (Include Budgeted Amount) General Fund Non-Departmental (included in 2019 approved budget) total annual compensation is $54,000. STUDY SESSION AGENDA: ID Limited Presentation LI Full Presentation STUDY SESSION ACTION: I] Consent Agenda LI General Business LI Public Hearing RECOMMENDED MOTION: Move to approve the first amendment with BMcConsulting LLC term extension; and authorize the Mayor to finalize and execute the amendment with substantially the same terms and conditions as presented. COUNCIL ACTION: ,[] Approve Deny Table Continue No Action Form Updated 01/02/18 FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN CITY OF BREMERTON AND BMcCONSULTING THIS FIRST AMENDMENT, entered into on the date fully executed below, specifically amends the Consulting Agreement ("Agreement") entered into between the City of Bremerton and BMcConsulting LLC on October 30, 2018. WHEREAS, the parties desire to amend the Agreement, as set forth in this First Amendment, to extend the term of the Agreement for 12 additional months; NOW THEREFORE, for valuable consideration and by mutual consent of the parties, the Agreement is amended as follows: 1. Term Extension. Section I entitled Term of the Agreement, is modified to extend the original term of the Agreement so that the term now ends on June 30, 2020. 2. Compensation. Shall match the terms set forth in the original Consulting Agreement. The City shall pay Consultant $4,000.00 per month from July 1, 2019 to December 31, 2019, and $5,000.00 per month from January 1, 2020 to June 30, 2020, for the extended term. 3. This document will become a supplement of the Agreement and all provisions will apply hereto. All other terms of the Agreement not specifically amended herein shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Agreement on the day and year written below. BMcCONSULTING LLC CITY OF BREMERTON w By Bryan McConau By eg Wheeler Its Principal Its Mayor DATE: 0 7 / 14 /2 01 I DATE: —1 — 1 — 2 G 1°t APPROVED AS TO FORM: ATTEST: 0 a _k_Zild) c( 13remerton Ci(y) ttorney it le illR:\Legal\Legal\Contracts\EXECUTIVE\BMcConsulting Amend I.doc EXHIBIT A SCOPE OF WORK Consultant shall provide the City of Bremerton with the following governmental affairs services: Work with the City to develop a holistic legislative agenda. Meet with Legislators to promote City legislative agenda items. Develop 2019 legislative agenda for the City. Develop and lobby for Transportation and Capital Budget funding requests identified by the Council and the Mayor. Lobby the Legislature on all issues developed under the legislative program. Lobby defensively on legislation that is introduced that would negatively impact the City. BMcConsulting would register as the City's lobbyist with the Public Disclosure Commission. Attend/monitor Puget Sound Coordinating Council to ensure City of Bremerton interests are addressed. Attend relevant meetings/monitor and assist with specific projects of interest to the City, in particular, the State Route 303 (Warren Avenue/Wheaton Way) Corridor and the Harrison - Eastside Employment Center. If Consultant is hired to support the City of Bremerton during session, the following will be included to the scope of work: Provide the City with a weekly legislative report during the legislative session that includes weekly hearing schedules and a summary of bills important to the City. Identify legislation that would impact the City of Bremerton specifically. Attend all relevant legislative hearings. Develop talking points and testimony, as needed, for meetings with Legislators and testimony before legislative committees; help coordinate such visits with City officials. Professional Services Agreement - BMcConsulting, LLC 1 THIRD AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN CITY OF BREMERTON AND BMcCONSULTING, LLC THIS THIRD AMENDMENT, entered into on the date fully executed below, specifically amends the Consulting Agreement (“Agreement”) entered into between the City of Bremerton and BMcConsulting LLC on October 30, 2018. WHEREAS, the parties amended the contract effective August 5, 2020 extending the term of the Agreement to June 30, 2021; and WHEREAS, the parties desire to amend the Agreement, as set forth in this Third Amendment, to extend the term of the Agreement to December 31, 2022; NOW THEREFORE, for valuable consideration and by mutual consent of the parties, the Agreement is amended as follows: 1. Term Extension. Section I entitled Term of the Agreement, is modified to extend the original Term of the Agreement so that the term now ends on December 31, 2022. 2. Compensation. Shall match the terms set forth in the original Consulting Agreement. The City shall pay Consultant a total of $54,000; $4,000 per month from July 1, 2021 to December 31, 2021, and $4,500 per month, from January 1, 2022 to December 31, 2022. 3. This document will become a supplement of the Agreement and all provisions will apply hereto. All other terms of the Agreement not specifically amended herein shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to Agreement on the day and year written below. BMcCONSULTING LLC CITY OF BREMERTON By Bryan McConaughy By Greg Wheeler Its Principal Its Mayor DATE: DATE: Professional Services Agreement - BMcConsulting, LLC 2 APPROVED AS TO FORM: ATTEST: Kylie J. Finnell, Bremerton City Attorney Angela Hoover, City Clerk R:\Legal\Legal\Contracts\EXECUTIVE\BMcConsulting Amend .doc AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: October 13, 2021 Washington State Recreation and Conservation Office (RCO) Funding Board Project Agreement for the Haddon Park Renovation Project COUNCIL MEETING Date: October 20, 2021 Department: Parks & Recreation Presenter: Jeff Elevado Phone: (360) 473-5428 SUMMARY: The attached Funding Board Project Agreement will provide $850,000 to assist in the renovation of Haddon Park. Improvements include ADA accessible pathways and parking, new restroom, new accessible playground, new picnic shelter, and upgrades to the sports court. ATTACHMENTS: 1) Recreation and Conservation Office Funding Board Project Agreement 2) Haddon Park Renovation Plan FISCAL IMPACTS (Include Budgeted Amount): The total project estimate is $949,625. Comprised of $500,000 RCO Local Parks Grant and $350,000 RCO Youth Athletic Facilities Grant. The remaining balance of $99,625 will be from donations, Park Capital Fund Balance and REET. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to authorize the Mayor to enter into the Funding Board Project Agreement with the State of Washington Recreation & Conservation Funding Board for the Haddon Park Renovation Project; and 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 A5 RCO Grant Agreement Project Sponsor:City of Bremerton Project Number:20-1289DProject Title:Haddon Neighborhood Park Renovation Approval Date:06/30/2021 RCO: 20-1289 Revision Date: 6/1/2021 Page 1 of 22 PARTIES OF THE AGREEMENTThis Recreation and Conservation Office Grant Agreement (Agreement) is entered into between the State of Washington by and through the Recreation and Conservation Funding Board (RCFB or funding board) and the Recreation and Conservation Office (RCO), P.O. Box 40917, Olympia, Washington 98504-0917 and City of Bremerton (Sponsor, and primary Sponsor), 345 6th St Ste 600, Bremerton, WA 98337, and shall be binding on the agents and all persons acting by or through the parties. All Sponsors are equally and independently subject to all the conditions of this Agreement except those conditions that expressly apply only to the primary Sponsor. Prior to and during the Period of Performance, per the Applicant Resolution/Authorizations submitted by all Sponsors (and on file with the RCO), the identified Authorized Representative(s)/Agent(s) have full authority to legally bind the Sponsor(s) regarding all matters related to the project identified above, including but not limited to, full authority to: (1) sign a grant application for grant assistance, (2) enter into this Agreement on behalf of the Sponsor(s), including indemnification, as provided therein, (3) enter any amendments thereto on behalf of Sponsor(s), and (4) make any decisions and submissions required with respect to the project. Agreements and amendments must be signed by the Authorized Representative/Agent(s) of all Sponsors, unless otherwise allowed in the AMENDMENTS TO AGREEMENT Section. A. During the Period of Performance, in order for a Sponsor to change its Authorized Representative/Agent as identified on the original signed Applicant Resolution/Authorization the Sponsor must provide the RCO a new Applicant Resolution/Authorization signed by its governing body or a written delegation of authority to sign in lieu of originally authorized Representative/Agency(s). Unless a new Applicant Resolution/Authorization has been provided, the RCO shall proceed on the basis that the person who is listed as the Authorized Representative in the last Resolution/Authorization that RCO has received is the person with authority to bind the Sponsor to the Agreement (including any amendments thereto) and decisions related to implementation of the Agreement. B. Amendments After the Period of Performance. RCO reserves the right to request and Sponsor has the obligation to provide, authorizations and documents that demonstrate any signatory to an amendment has the authority to legally bind the Sponsor as described in the above Sections. For the purposes of this Agreement, as well as for grant management purposes with RCO, only the primary Sponsor may act as a fiscal agent to obtain reimbursements (See PROJECT REIMBURSEMENTS Section). PURPOSE OF AGREEMENTThis Agreement sets out the terms and conditions by which a grant is made from the Outdoor Recreation Account and State Building Construction Account of the State of Washington. The grant is administered by the Recreation and Conservation Office (RCO). DESCRIPTION OF PROJECTThe City of Bermerton will use this grant to renovate Haddon Park. This will result in an enhanced muli-use sports court, new picnic shelter and accessible pathways, and renovated children’s playground, restroom and parking. The primary recreational opportunity provided by this project is active recreation. PERIOD OF PERFORMANCEThe period of performance begins on September 1, 2021 (project start date) and ends on January 31, 2025 (project end date). No allowable cost incurred before or after this period is eligible for reimbursement unless specifically provided for by written amendment or addendum to this Agreement, or specifically provided for by applicable RCWs, WACs, and any applicable RCO manuals as of the effective date of this Agreement. The RCO reserves the right to summarily dismiss any request to amend this Agreement if not made at least 60 days before the project end date. STANDARD TERMS AND CONDITIONS INCORPORATEDThe Standard Terms and Conditions of the Recreation and Conservation Office attached hereto are incorporated by reference as part of this Agreement. RCO: 20-1289 Revision Date: 6/1/2021 Page 2 of 22 LONG-TERM OBLIGATIONSFor this development project, the Sponsor’s long-term obligations for the project area shall be in perpetuity, beginning at project completion, unless otherwise identified in the Agreement or as approved by the funding board or RCO. PROJECT FUNDINGThe total grant award provided for this project shall not exceed $850,000.00. The RCO shall not pay any amount beyond that approved for grant funding of the project and within the percentage as identified below. The Sponsor shall be responsible for all total project costs that exceed this amount. The minimum matching share provided by the Sponsor shall be as indicated below: Percentage Dollar Amount Source of FundingRCFB - WWRP - Local Parks 52.65% $500,000.00 StateRCFB - YAF - Large 36.86% $350,000.00 StateProject Sponsor 10.49% $99,625.00 Total Project Cost 100.00% $949,625.00 RIGHTS AND OBLIGATIONS INTERPRETED IN LIGHT OF RELATED DOCUMENTSAll rights and obligations of the parties under this Agreement are further specified in and shall be interpreted in light of the Sponsor’s application and the project summary and eligible scope activities under which the Agreement has been approved and/or amended as well as documents produced in the course of administering the Agreement, including the eligible scope activities, the milestones report, progress reports, and the final report. Provided, to the extent that information contained in such documents is irreconcilably in conflict with the Agreement, such information shall not be used to vary the terms of the Agreement, unless the terms in the Agreement are shown to be subject to an unintended error or omission. “Agreement” as used here and elsewhere in this document, unless otherwise specifically stated, has the meaning set forth in the definitions of the Standard Terms and Conditions. AMENDMENTS TO AGREEMENTExcept as provided herein, no amendment (including without limitation, deletions) of this Agreement will be effective unless set forth in writing signed by all parties. Exception: extensions of the Period of Performance and minor scope adjustments need only be signed by RCO’s director or designee and consented to in writing (including email) by the Sponsor’s Authorized Representative/Agent or Sponsor’s designated point of contact for the implementation of the Agreement (who may be a person other than the Authorized Agent/Representative), unless otherwise provided for in an amendment. This exception does not apply to a federal government Sponsor or a Sponsor that requests and enters into a formal amendment for extensions or minor scope adjustments. It is the responsibility of a Sponsor to ensure that any person who signs an amendment on its behalf is duly authorized to do so. Unless otherwise expressly stated in an amendment, any amendment to this Agreement shall be deemed to include all current federal, state, and local government laws and rules, and policies applicable and active and published in the applicable RCO manuals or on the RCO website in effect as of the effective date of the amendment, without limitation to the subject matter of the amendment. Provided, any update in law, rule, policy or a manual that is incorporated as a result of an amendment shall apply only prospectively and shall not require that an act previously done in compliance with existing requirements be redone. However, any such amendment, unless expressly stated, shall not extend or reduce the long-term obligation term. COMPLIANCE WITH APPLICABLE STATUTES, RULES, AND POLICIESThis Agreement is governed by, and the sponsor shall comply with, all applicable state and federal laws and regulations, applicable RCO manuals as identified below, Exhibits, and any applicable federal program and accounting rules effective as of the date of this Agreement or as of the effective date of an amendment, unless otherwise provided in the amendment. Provided, any update in law, rule, policy or a manual that is incorporated as a result of an amendment shall apply only prospectively and shall not require that an act previously done in compliance with existing requirements be redone unless otherwise expressly stated in the amendment. For the purpose of this Agreement, WAC Title 286, RCFB policies shall apply as terms of this Agreement. RCO: 20-1289 Revision Date: 6/1/2021 Page 3 of 22 For the purpose of this Agreement, the following RCO manuals are deemed applicable and shall apply as terms of this Agreement: Development Projects - Manual 4Long Term Obligations - Manual 7 Reimbursements - Manual 8WWRP - Recreation Programs - Manual 10aYouth Athletic Facilities - Manual 17 SPECIAL CONDITIONS1. Cultural Resources-Survey Required This agreement requires compliance with Executive Order 21-02. RCO has completed the initial consultation for this project and a cultural resources survey is required. All historic properties within the APE must be evaluated on the appropriate DAHP forms, and an eligibility recommendation be provided. The Sponsor must submit to RCO the survey and receive from RCO a notice of cultural resources completion before any ground disturbing activities can begin. Ground disturbance started without approval will be considered a breach of contract. In the event that archaeological or historic materials are discovered while conducting ground disturbing activities, work in the immediate vicinity must stop and the Sponsor must ensure compliance with the provisions found in this agreement. All cultural resources work must meet reporting guidelines outlined by the Department of Archaeology and Historic Preservation. AGREEMENT CONTACTSThe parties will provide all written communications and notices under this Agreement to either or both the mail address and/or the email address listed below: Sponsor Project ContactColette BernaPark Development Planner680 Lebo BlvdBremerton, WA 98310Colette.Berna@ci.bremerton.wa.us RCO ContactKim SellersNatural Resources BuildingPO Box 40917Olympia, WA 98504-0917kim.sellers@rco.wa.gov These addresses and contacts shall be effective until receipt by one party from the other of a written notice of any change. Unless otherwise provided for in this Agreement, decisions relating to the Agreement must be made by the Authorized Representative/Agent, who may or may not be the Project Contact for purposes of notices and communications. ENTIRE AGREEMENTThis Agreement, with all amendments and attachments, constitutes the entire Agreement of the parties. No other understandings, oral or otherwise, regarding this Agreement shall exist or bind any of the parties. EFFECTIVE DATEUnless otherwise provided for in this Agreement, this Agreement, for Project 20-1289, shall become effective and binding on the date signed by both the sponsor and the RCO’s authorized representative, whichever is later (Effective Date). Reimbursements for eligible and allowable costs incurred within the period of performance identified in the PERIOD OF PERFORMANCE Section are allowed only when this Agreement is fully executed and an original is received by RCO. The Sponsor has read, fully understands, and agrees to be bound by all terms and conditions as set forth in this Agreement and the STANDARD TERMS AND CONDITIONS OF THE RCO GRANT AGREEMENT. The signators listed below represent and warrant their authority to bind the parties to this Agreement. City of Bremerton By: Date: Name (printed): Title: RCO: 20-1289 Revision Date: 6/1/2021 Page 4 of 22 State of Washington Recreation and Conservation OfficeOn behalf of the Recreation and Conservation Funding Board (RCFB or funding board) By: Date: Megan DuffyDirectorRecreation and Conservation Office Pre-approved as to form: By:Date:06/01/2021 Assistant Attorney General RCO Grant Agreement Project Sponsor:City of Bremerton Project Number:20-1289DProject Title:Haddon Neighborhood Park Renovation Approval Date:06/30/2021 RCO: 20-1289 Revision Date: 6/1/2021 Page 5 of 22 Eligible Scope Activities ELIGIBLE SCOPE ACTIVITIES Development Metrics Worksite #1, Haddon Park Buildings and Structures Construct / install restroomNumber of restrooms: 0 new, 1 renovatedSelect the restroom type : Restroom General Site Improvements Construct picnic shelterNumber of group picnic shelters: 1 new, 0 renovated Develop circulation paths or access routesEnter length of circulation paths and routes by surface type:Asphalt 350Boardwalk 0Concrete 0Crushed rock 0Recycled materials 0Lighting provided (yes/no): No Install fencing/barriers Install general site structuresSelect one or more of the sheltered structures included in the project: NoneSelect one or more of the surface structures included in the project: Retaining wall Install signs/kioskNumber of kiosks: 0 new, 0 renovatedNumber of interpretive signs/displays: 1 new, 0 renovatedNumber of permanent entrance signs: 0 new, 1 renovatedNumber of electronic signs: 0 new, 0 renovatedProject involves installation of informational signs (yes/no): YesInstall site furnishings Landscaping improvementsAcres of landscaped area : 3.00Select the landscape features: Drainage, Grass/turf, Groundcover, Irrigation, Native vegetation, Trees/shrubs Parking and Roads Parking developmentNumber of vehicle parking stalls: 0 new, 1 renovatedNumber of vehicle with trailer parking stalls: 0 new, 0 renovatedNumber of accessible parking stalls:Vehicle 1Vehicle with trailers 0Select the parking surfaces : AsphaltSelect the parking enhancements: Catch basins, Curbs, Striping, Wheel stops RCO: 20-1289 Revision Date: 6/1/2021 Page 6 of 22 Play Areas Playground developmentNumber of play areas: 1 new, 0 renovatedNumber of climbing walls/rocks: 0 new, 0 renovatedSelect the play area surface material type: Engineered wood fiber Site PreparationGeneral site preparation Sport CourtsMulti-purpose court developmentSelect the surface types for multi-purpose courts: ImperviousSelect the multi-purpose court renovation elements: Add/upgrade court amenities, Replace surface Utilities Install power utilitiesSelect the power utilities: General service connection, Power line, Relocate/bury power utility, Transformers/panels Install sewage systemNumber of dump stations: 0 new, 0 renovatedSelect the sewer utilities: Sewer connection, Sewer line Install stormwater systemSelect the stormwater utilities: Catch basins, Stormwater lineInstall water systemSelect the water utilities: Water line, Water meter, Water service connection, Well Cultural Resources Cultural resources Permits Obtain permits Architectural & Engineering Architectural & Engineering (A&E) RCO Grant Agreement Project Sponsor:City of Bremerton Project Number:20-1289DProject Title:Haddon Neighborhood Park Renovation Approval Date:06/30/2021 RCO: 20-1289 Revision Date: 6/1/2021 Page 7 of 22 Project Milestones PROJECT MILESTONE REPORTComplete Milestone Target Date Comments/DescriptionProject Start 09/01/2021Progress Report Due 12/01/2021Design Initiated 02/15/2022Cultural Resources Complete 06/15/2022 Survey required to confirm depth of fill and to evalute the park as a Historic Property. See Special Condition 1.60% Plans to RCO 07/15/2022Annual Project Billing Due 07/31/2022Progress Report Due 07/31/2022Applied for Permits 08/15/2022Progress Report Due 12/01/2022SEPA/NEPA Completed 12/15/2022All Bid Docs/Plans to RCO 04/15/2023Bid Awarded/Contractor Hired 07/15/2023Annual Project Billing Due 07/31/2023Progress Report Due 07/31/2023Construction Started 09/15/2023Progress Report Due 12/01/202350% Construction Complete 03/15/2024Progress Report Due 06/01/2024RCO Interim Inspection 07/01/2024Annual Project Billing Due 07/31/202490% Construction Complete 08/15/2024Progress Report Due 11/01/2024Construction Complete 11/15/2024RCO Final Inspection 11/20/2024Final Billing Due 12/14/2024Final Report Due 12/15/2024Funding Acknowl Sign Posted 12/15/2024Agreement End Date 01/31/2025 RCO Grant Agreement Project Sponsor:City of Bremerton Project Number:20-1289DProject Title:Haddon Neighborhood Park Renovation Approval Date:06/30/2021 RCO: 20-1289 Revision Date: 6/1/2021 Page 8 of 22 Standard Terms and Conditions of the Recreation and Conservation Office Table of Contents STANDARD TERMS AND CONDITIONS EFFECTIVE DATE......................................................................................................9CITATIONS, HEADINGS AND DEFINITIONS ..............................................................................................................................9PERFORMANCE BY THE SPONSOR........................................................................................................................................12ASSIGNMENT.............................................................................................................................................................................12RESPONSIBILITY FOR PROJECT.............................................................................................................................................12INDEMNIFICATION.....................................................................................................................................................................12INDEPENDENT CAPACITY OF THE SPONSOR.......................................................................................................................13CONFLICT OF INTEREST..........................................................................................................................................................13COMPLIANCE WITH APPLICABLE LAW...................................................................................................................................13ARCHAEOLOGICAL AND CULTURAL RESOURCES...............................................................................................................14RECORDS...................................................................................................................................................................................15PROJECT FUNDING...................................................................................................................................................................15PROJECT REIMBURSEMENTS.................................................................................................................................................16RECOVERY OF PAYMENTS......................................................................................................................................................16COVENANT AGAINST CONTINGENT FEES.............................................................................................................................16INCOME (AND FEES) AND USE OF INCOME...........................................................................................................................17PROCUREMENT REQUIREMENTS...........................................................................................................................................17TREATMENT OF EQUIPMENT AND ASSETS...........................................................................................................................17RIGHT OF INSPECTION.............................................................................................................................................................18STEWARDSHIP AND MONITORING .........................................................................................................................................18PREFERENCES FOR RESIDENTS............................................................................................................................................18ACKNOWLEDGMENT AND SIGNS............................................................................................................................................18PROVISIONS APPLYING TO DEVELOPMENT, MAINTENANCE, RENOVATION, AND RESTORATION PROJECTS ..........18LONG-TERM OBLIGATIONS OF THE PROJECTS AND SPONSORS .....................................................................................19CONSTRUCTION, OPERATION, USE, AND MAINTENANCE OF ASSISTED PROJECTS .....................................................19ORDER OF PRECEDENCE........................................................................................................................................................20LIMITATION OF AUTHORITY.....................................................................................................................................................20WAIVER OF DEFAULT ...............................................................................................................................................................20APPLICATION REPRESENTATIONS – MISREPRESENTATIONS OR INACCURACY OR BREACH .....................................20SPECIFIC PERFORMANCE .......................................................................................................................................................20TERMINATION AND SUSPENSION...........................................................................................................................................21DISPUTE HEARING....................................................................................................................................................................22ATTORNEYS’ FEES....................................................................................................................................................................22GOVERNING LAW/VENUE.........................................................................................................................................................22SEVERABILITY ...........................................................................................................................................................................22END OF STANDARD TERMS AND CONDITIONS.....................................................................................................................22 RCO: 20-1289 Revision Date: 6/1/2021 Page 9 of 22 STANDARD TERMS AND CONDITIONS EFFECTIVE DATEThis document sets forth the Standard Terms and Conditions of the Recreation and Conservation Office as of 07/30/2021. CITATIONS, HEADINGS AND DEFINITIONSA. Any citations referencing specific documents refer to the current version on the effective date of this Agreement or the effective date of any amendment thereto. B. Headings used in this Agreement are for reference purposes only and shall not be considered a substantive part of this Agreement. C. Definitions. As used throughout this Agreement, the following terms shall have the meaning set forth below: Agreement, terms of the Agreement, or project agreement – The document entitled “RCO GRANT AGREEMENT” accepted by all parties to the present project and transaction, including without limitation the Standard Terms and Conditions of the RCO Grant Agreement, all exhibits, attachments, addendums, amendments, and applicable manuals, and any intergovernmental agreements, and/or other documents that are incorporated into the Agreement subject to any limitations on their effect under this Agreement. applicable manual(s), manual – A manual designated in this Agreement to apply as terms of this Agreement, subject (if applicable) to substitution of the “RCO director” for the term “board” in those manuals where the project is not approved by or funded by the referenced board, or a predecessor to the board. applicable WAC(s) – Designated chapters or provisions of the Washington Administrative Code that apply by their terms to the type of grant in question or are deemed under this Agreement to apply as terms of the Agreement, subject to substitution of the “RCO director” for the term “board” or “agency” in those cases where the RCO has contracted to or been delegated to administer the grant program in question. applicant – Any party, prior to becoming a Sponsor, who meets the qualifying standards/eligibility requirements for the grant application or request for funds in question. application – The documents and other materials that an applicant submits to the RCO to support the applicant’s request for grant funds; this includes materials required for the “Application” in the RCO’s automated project information system, and other documents as noted on the application checklist including but not limited to legal opinions, maps, plans, evaluation presentations and scripts. Authorized Representative/Agent – A Sponsor’s agent (employee, political appointee, elected person, etc.) authorized to be the signatory of this Agreement and any amendments requiring a Sponsor’s signature. This person has the signature authority to bind the Sponsor to this Agreement, grant, and project. C.F.R. – Code of Federal Regulations completed project or project completion – The status of a project when all of the following have occurred: The grant funded project has been inspected by the RCO and the RCO has determined that all scopes of work to implement the project have been completed satisfactorily.A final project report is submitted to and accepted by RCO.Any needed amendments to the Agreement have been entered by the Sponsor and RCO and have been delivered to the RCO.A final reimbursement request has been delivered to and paid by RCO.Documents affecting property rights (including RCO’s as may apply) and any applicable notice of grant, have been recorded (as may apply). contractor – An entity that receives a contract from a Sponsor related to performance of work or another obligation under this Agreement. conversion – A conversion occurs 1) when facilities acquired, developed, renovated or restored within the project area are changed to a use other than that for which funds were approved, without obtaining prior written formal RCO or board approval, 2) when property interests are conveyed to a third party not otherwise eligible to receive grants in the program from which funding was approved without obtaining prior written formal RCO or board approval, or 3) when obligations to operate and maintain the funded property are not complied with after reasonable opportunity to cure. RCO: 20-1289 Revision Date: 6/1/2021 Page 10 of 22 Cultural Resources – Archaeological or historic archaeological sites, historic buildings/structures, and cultural or sacred places. development project – A project that results in the construction of, or work resulting in, new elements, including but not limited to structures, facilities, and/or materials to enhance outdoor recreation resources. A development project may also involve activities that redevelop or renovate an existing facility, and these may occur exclusively in the project or in combination with new construction. For projects in the Boating Facilities Program, the term “development project” includes all of the above and may also include those activities that are defined as maintenance in 50 C.F.R 86. director – The chief executive officer of the Recreation and Conservation Office or that person’s designee. effective date – The date when the signatures of all parties to this agreement are present in the agreement. equipment – Tangible personal property (including information technology systems) having a useful service life of more than one year and a per-unit acquisition cost which equals or exceeds the lesser of the capitalization level established by the Sponsor or $5,000 (2 C.F.R. § 200.33 (2013)). funding board or board – The Washington State Recreation and Conservation Funding Board, or the Washington State Salmon Recovery Funding Board. Or both as may apply. Funding Entity – the entity that approves the project that is the subject to this Agreement. grant program – The source of the grant funds received. May be an account in the state treasury, or a grant category within a larger grant program, or a federal source. long-term compliance period – The term of years, beginning on the end date of the agreement, when long-term obligations exist for the Sponsor. The start date and end date of the compliance period may also be prescribed by RCO per the Agreement. long-term obligations – Sponsor’s obligations after the project end date, as specified in the Agreement and manuals and other exhibits as may apply. landowner agreement – An agreement that is required between a Sponsor and landowner for projects located on land not owned, or otherwise controlled, by the Sponsor. match or matching share – The portion of the total project cost provided by the Sponsor. milestone – An important event with a defined date to track an activity related to implementation of a funded project and monitor significant stages of project accomplishment. Office – Means the Recreation and Conservation Office or RCO. pass-through entity – A non-Federal entity that provides a subaward to a subrecipient to carry out part of a Federal program (2 C. F. R. § 200.74 (2013)). If this Agreement is a federal subaward, RCO is the pass-through entity. period of performance – The period beginning on the project start date and ending on the project end date. pre-agreement cost – A project cost incurred before the period of performance. primary Sponsor – The Sponsor who is not a secondary Sponsor and who is specifically identified in the Agreement as the entity to which RCO grants funds to and authorizes and requires to administer the grant. Administration includes but is not limited to acting as the fiscal agent for the grant (e.g. requesting and accepting reimbursements, submitting reports). Primary Sponsor includes its officers, employees, agents and successors. project – The undertaking that is funded by this Agreement either in whole or in part with funds administered by RCO. project area - A geographic area that delineates a grant assisted site which is subject to project agreement requirements. project completion or completed project – The status of a project when all of the following have occurred: The grant funded project has been inspected by the RCO and the RCO has determined that all scopes of work to implement the project have been completed satisfactorily.A final project report is submitted to and accepted by RCO.Any needed amendments to the Agreement have been entered by the Sponsor and RCO and have been delivered to the RCO.A final reimbursement request has been delivered to and paid by RCO. RCO: 20-1289 Revision Date: 6/1/2021 Page 11 of 22 Documents affecting property rights (including RCO’s as may apply) and any applicable notice of grant, have been recorded (as may apply). project cost – The total allowable costs incurred under this Agreement and all required match share and voluntary committed matching share, including third-party contributions (see also 2 C.F.R. § 200.83 (2013) for federally funded projects). project end date – The specific date identified in the Agreement on which the period of performance ends, as may be changed by amendment. This date is not the end date for any long-term obligations. project start date – The specific date identified in the Agreement on which the period of performance starts. RCFB – Recreation and Conservation Funding Board RCO – Recreation and Conservation Office – The state agency that administers the grant that is the subject of this Agreement. RCO includes the director and staff. RCW – Revised Code of Washington reimbursement – RCO’s payment of funds from eligible and allowable costs that have already been paid by the Sponsor per the terms of the Agreement. renovation project – A project intended to improve an existing site or structure in order to increase its useful service life beyond current expectations or functions. This does not include maintenance activities to maintain the facility for its originally expected useful service life. secondary Sponsor – One of two or more Sponsors who is not a primary Sponsor. Only the primary Sponsor may be the fiscal agent for the project. Sponsor – A Sponsor is an organization that is listed in and has signed this Agreement. Sponsor Authorized Representative/Agent – A Sponsor’s agent (employee, political appointee, elected person, etc.) authorized to be the signatory of this Agreement and any amendments requiring a Sponsor signature. This person has the signature authority to bind the Sponsor to this Agreement, grant, and project. subaward – Funds allocated to the RCO from another organization, for which RCO makes available to or assigns to another organization via this Agreement. Also, a subaward may be an award provided by a pass-through entity to a subrecipient for the subrecipient to carry out part of any award received by the pass-through entity. It does not include payments to a contractor or payments to an individual that is a beneficiary of a federal or other program. A subaward may be provided through any form of legal agreement, including an agreement that the pass-through entity considers a contract. Also see 2 C.F.R. § 200.92 (2013). For federal subawards, a subaward is for the purpose of carrying out a portion of a Federal award and creates a federal assistance relationship with the subrecipient (2 C.F.R. § 200.330 (2013)). If this Agreement is a federal subaward, the subaward amount is the grant program amount in the Project Funding Section. subrecipient – Subrecipient means an entity that receives a subaward. For non-federal entities receiving federal funds, a subrecipient is an entity that receives a subaward from a pass-through entity to carry out part of a federal program; but does not include an individual that is a beneficiary of such program. A subrecipient may also be a recipient of other federal awards directly from a federal awarding agency (2 C.F.R. § 200.93 (2013)). If this Agreement is a federal subaward, the Sponsor is the subrecipient. tribal consultation – Outreach, and consultation with one or more federally recognized tribes (or a partnership or coalition or consortium of such tribes, or a private tribal enterprise) whose rights will or may be significantly affected by the proposed project. This includes sharing with potentially-affected tribes the scope of work in the grant and potential impacts to natural areas, natural resources, and the built environment by the project. It also includes responding to any tribal request from such tribes and considering tribal recommendations for project implementation which may include not proceeding with parts of the project, altering the project concept and design, or relocating the project or not implementing the project, all of which RCO shall have the final approval of. useful service life – Period during which a built asset, equipment, or fixture is expected to be useable for the purpose it was acquired, installed, developed, and/or renovated, or restored per this Agreement. WAC – Washington Administrative Code. RCO: 20-1289 Revision Date: 6/1/2021 Page 12 of 22 PERFORMANCE BY THE SPONSORThe Sponsor shall undertake the project as described in this Agreement, and in accordance with the Sponsor's proposed goals and objectives described in the application or documents submitted with the application, all as finally approved by the RCO (to include any RCO approved changes or amendments thereto). All submitted documents are incorporated by this reference as if fully set forth herein. Timely completion of the project and submission of required documents, including progress and final reports, is important. Failure to meet critical milestones or complete the project, as set out in this Agreement, is a material breach of the Agreement. ASSIGNMENTNeither this Agreement, nor any claim arising under this Agreement, shall be transferred or assigned by the Sponsor without prior written approval of the RCO. RESPONSIBILITY FOR PROJECTWhile RCO administers the grant that is the subject of this Agreement, the project itself remains the sole responsibility of the Sponsor. The RCO and Funding Entity (if different from the RCO) undertakes no responsibilities to the Sponsor, or to any third party, other than as is expressly set out in this Agreement. The responsibility for the implementation of the project is solely that of the Sponsor, as is the responsibility for any claim or suit of any nature by any third party related in any way to the project. When a project has more than one Sponsor, any and all Sponsors are equally responsible for the project and all post-completion stewardship responsibilities and long-term obligations unless otherwise stated in this Agreement. The RCO, its employees, assigns, consultants and contractors, and members of any funding board or advisory committee or other RCO grant review individual or body, have no responsibility for reviewing, approving, overseeing or supervising design, construction, or safety of the project and leaves such review, approval, oversight and supervision exclusively to the Sponsor and others with expertise or authority. In this respect, the RCO, its employees, assigns, consultants and contractors, and any funding board or advisory committee or other RCO grant review individual or body will act only to confirm at a general, lay person, and nontechnical level, solely for the purpose of project eligibility and payment and not for safety or suitability, that the project apparently is proceeding or has been completed as per the Agreement. INDEMNIFICATIONThe Sponsor shall defend, indemnify, and hold the State and its officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the actual or alleged acts, errors, omissions or negligence in connection with this Agreement (including without limitation all work or activities thereunder), or the breach of any obligation under this Agreement by the Sponsor or the Sponsor’s agents, employees, contractors, subcontractors, or vendors, of any tier, or any other persons for whom the Sponsor may be legally liable. Provided that nothing herein shall require a Sponsor to defend or indemnify the State against and hold harmless the State from claims, demands or suits based solely upon the negligence of the State, its employees and/or agents for whom the State is vicariously liable. Provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the Sponsor or the Sponsor’s agents or employees, and (b) the State, or its employees or agents the indemnity obligation shall be valid and enforceable only to the extent of the Sponsor’s negligence or its agents, or employees. As part of its obligations provided above, the Sponsor specifically assumes potential liability for actions brought by the Sponsor’s own employees or its agents against the State and, solely for the purpose of this indemnification and defense, the Sponsor specifically waives any immunity under the state industrial insurance law, RCW Title 51. Sponsor’s waiver of immunity under this provision extends only to claims against Sponsor by Indemnitee RCO, and does not include, or extend to, any claims by Sponsor’s employees directly against Sponsor. Sponsor shall ensure that any agreement relating to this project involving any contractors, subcontractors and/or vendors of any tier shall require that the contracting entity indemnify, defend, waive RCW 51 immunity, and otherwise protect the State as provided herein as if it were the Sponsor. This shall not apply to a contractor or subcontractor is solely donating its services to the project without compensation or other substantial consideration. The Sponsor shall also defend, indemnify, and hold the State and its officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or inventions by the Sponsor or the Sponsor’s agents, employees, contractors, subcontractors or vendors, of any tier, or any other persons for whom the Sponsor may be legally liable, in performance of the work under this Agreement or arising out of any use in connection with the Agreement of methods, processes, designs, information or other items furnished or communicated to the State, its agents, officers and employees pursuant to the Agreement. Provided, this indemnity shall not RCO: 20-1289 Revision Date: 6/1/2021 Page 13 of 22 apply to any alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or inventions resulting from the State’s, its agents’, officers’ and employees’ failure to comply with specific written instructions regarding use provided to the State, its agents, officers and employees by the Sponsor, its agents, employees, contractors, subcontractors or vendors, of any tier, or any other persons for whom the Sponsor may be legally liable. The funding board and RCO are included within the term State, as are all other agencies, departments, boards, councils, committees, divisions, bureaus, offices, societies, or other entities of state government. INDEPENDENT CAPACITY OF THE SPONSORThe Sponsor and its employees or agents performing under this Agreement are not officers, employees or agents of the RCO or Funding Entity. The Sponsor will not hold itself out as nor claim to be an officer, employee or agent of the RCO or the Funding Entity, or of the state of Washington, nor will the Sponsor make any claim of right, privilege or benefit which would accrue to an employee under RCW 41.06. The Sponsor is responsible for withholding and/or paying employment taxes, insurance, or deductions of any kind required by federal, state, and/or local laws. CONFLICT OF INTERESTNotwithstanding any determination by the Executive Ethics Board or other tribunal, RCO may, in its sole discretion, by written notice to the Sponsor terminate this Agreement if it is found after due notice and examination by RCO that there is a violation of the Ethics in Public Service Act, RCW 42.52; or any similar statute involving the Sponsor in the procurement of, or performance under, this Agreement. In the event this Agreement is terminated as provided herein, RCO shall be entitled to pursue the same remedies against the Sponsor as it could pursue in the event of a breach of the Agreement by the Sponsor. The rights and remedies of RCO provided for in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or this Agreement. COMPLIANCE WITH APPLICABLE LAWIn implementing the Agreement, the Sponsor shall comply with all applicable federal, state, and local laws (including without limitation all applicable ordinances, codes, rules, and regulations). Such compliance includes, without any limitation as to other applicable laws, the following laws: A.Nondiscrimination Laws. The Sponsor shall comply with all applicable federal, state, and local nondiscrimination laws and/or policies, including but not limited to: the Americans with Disabilities Act; Civil Rights Act; and the Age Discrimination Employment Act (if applicable). In the event of the Sponsor’s noncompliance or refusal to comply with any nondiscrimination law or policy, the Agreement may be rescinded, cancelled, or terminated in whole or in part, and the Sponsor may be declared ineligible for further grant awards from the RCO or Funding Entity. The Sponsor is responsible for any and all costs or liability arising from the Sponsor’s failure to so comply with applicable law. Except where a nondiscrimination clause required by a federal funding agency is used, the Sponsor shall insert the following nondiscrimination clause in each contract for construction of this project: "During the performance of this contract, the contractor agrees to comply with all federal and state nondiscrimination laws, regulations and policies.” B.Secular Use of Funds. No funds awarded under this grant may be used to pay for any religious activities, worship, or instruction, or for lands and facilities for religious activities, worship, or instruction. Religious activities, worship, or instruction may be a minor use of the grant supported recreation and conservation land or facility. C.Wages and Job Safety. The Sponsor agrees to comply with all applicable laws, regulations, and policies of the United States and the State of Washington or other jurisdiction which affect wages and job safety. The Sponsor agrees when state prevailing wage laws (RCW 39.12) are applicable, to comply with such laws, to pay the prevailing rate of wage to all workers, laborers, or mechanics employed in the performance of any part of this contract, and to file a statement of intent to pay prevailing wage with the Washington State Department of Labor and Industries as required by RCW 39.12.40. The Sponsor also agrees to comply with the provisions of the rules and regulations of the Washington State Department of Labor and Industries. 1) Pursuant to RCW 39.12.040(1)(a), all contractors and subcontractors shall submit to Sponsor a statement of intent to pay prevailing wages if the need to pay prevailing wages is required by law. If a contractor or subcontractor intends to pay other than prevailing wages, it must provide the Sponsor with an affirmative statement of the contractor’s or subcontractor’s intent. Unless required by law, the Sponsor is not required to investigate a statement regarding prevailing wage provided by a contractor or subcontractor. 2) Exception, Service Organizations of Trail and Environmental Projects (RCW 79A.35.130). If allowed by state and federal law and rules, participants in conservation corps programs offered by a nonprofit organization affiliated with a national service organization established under the authority of the national and community RCO: 20-1289 Revision Date: 6/1/2021 Page 14 of 22 service trust act of 1993, P.L. 103-82, are exempt from provisions related to rates of compensation while performing environmental and trail maintenance work provided: (1) The nonprofit organization must be registered as a nonprofit corporation pursuant to RCW 24.03; (2) The nonprofit organization's management and administrative headquarters must be located in Washington; (3) Participants in the program must spend at least fifteen percent of their time in the program on education and training activities; and (4) Participants in the program must receive a stipend or living allowance as authorized by federal or state law. Participants are exempt from provisions related to rates of compensation only for environmental and trail maintenance work conducted pursuant to the conservation corps program. D.Restrictions on Grant Use. No part of any funds provided under this grant shall be used, other than for normal and recognized executive-legislative relationships, for publicity or propaganda purposes, or for the preparation, distribution, or use of any kit, pamphlet, booklet, publication, radio, television, or video presentation designed to support or defeat legislation pending before the U.S. Congress or any state legislature. No part of any funds provided under this grant shall be used to pay the salary or expenses of any Sponsor, or agent acting for such Sponsor, related to any activity designed to influence legislation or appropriations pending before the U.S. Congress or any state legislature. E.Debarment and Certification. By signing the Agreement with RCO, the Sponsor certifies that neither it nor its principals nor any other lower tier participant are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by Washington State Labor and Industries. Further, the Sponsor agrees not to enter into any arrangements or contracts related to this Agreement with any party that is on Washington State Department of Labor and Industries’ “Debarred Contractor List.” ARCHAEOLOGICAL AND CULTURAL RESOURCESA. Project Review. RCO facilitates the review of projects for potential impacts to archaeology and cultural resources, except as those listed below. The Sponsor shall follow RCO guidance and directives to assist it with such review as may apply. 1)Projects occurring on State/Federal Lands: Archaeological and cultural resources compliance for projects occurring on State or Federal Agency owned or managed lands, will be the responsibility of the respective agency, regardless of sponsoring entity type. Prior to ground disturbing work or alteration of a potentially historic or culturally significant structure, or release of final payments on an acquisition, the Sponsor must provide RCO all documentation acknowledging and demonstrating that the applicable archaeological and cultural resources responsibilities of such state or federal landowner or manager has been conducted. B. Termination. RCO retains the right to terminate a project due to anticipated or actual impacts to archaeology and cultural resources. C. Notice To Proceed. No work shall commence in the project area until RCO has provided a notice of cultural resources completion. RCO may require on-site monitoring for impacts to archaeology and cultural resources during any demolition, construction, land clearing, restoration, or repair work, and may direct that work stop to minimize, mitigate, or avoid impacts to archaeology and cultural resource impacts or concerns. All cultural resources requirements for non ground disturbing projects (such as acquisition or planning projects) must be met prior to final reimbursement. D. Compliance and Indemnification. At all times, the Sponsor shall take reasonable action to avoid, minimize, or mitigate adverse effects to archaeological and historic resources in the project area, and comply with any RCO direction for such minimization and mitigation. All federal or state cultural resources requirements under Governor’s Executive Order 21-02 and the National Historic Preservation Act, and the State Environmental Policy Act and the National Environmental Policy Act, and any local laws that may apply, must be completed prior to the start of any work on the project site. The Sponsor must agree to indemnify and hold harmless the State of Washington in relation to any claim related to historical or cultural artifacts discovered, disturbed, or damaged due to the project funded under this Agreement. Sponsor shall comply with RCW 27.53, RCW 27.44.055, and RCW 68.50.645, and all other applicable local, state, and federal laws protecting cultural resources and human remains. E. Costs associated with project review and evaluation of archeology and cultural resources are eligible for reimbursement under this agreement. Costs that exceed the budget grant amount shall be the responsibility of the Sponsor Inadvertent Discovery Plan. The Sponsor shall request, review, and be bound by the RCO Inadvertent Discovery Plan, and: 1) Keep the IDP at the project site. 2) Make the IDP readily available to anyone working at the project site. 3) Discuss the IDP with staff and contractors working at the project site. 4) Implement the IDP when cultural resources or human remains are found at the project site. RCO: 20-1289 Revision Date: 6/1/2021 Page 15 of 22 F. Discovery 1) If any archaeological or historic resources are found while conducting work under this Agreement, the Sponsor shall immediately stop work and notify RCO, the Department of Archaeology and Historic Preservation at (360) 586-3064, and any affected Tribe, and stop any activity that may cause further disturbance to the archeological or historic resources. 2) If any human remains are found while conducting work under this Agreement, Sponsor shall immediately stop work and notify the local Law Enforcement Agency or Medical Examiner/Coroner’s Office, and then RCO, all in the most expeditious manner, and stop any activity that may cause disturbance to the remains. Sponsor shall secure the area of the find will and protect the remains from further disturbance until the State provides a new notice to proceed. a) Any human remains discovered shall not be touched, moved, or further disturbed unless directed by RCO or the Department of Archaeology and Historic Preservation (DAHP). b) The county medical examiner/coroner will assume jurisdiction over the human skeletal remains and make a determination of whether those remains are forensic or non-forensic. If the county medical examiner/coroner determines the remains are non-forensic, then they will report that finding to the Department of Archaeology and Historic Preservation (DAHP) who will then take jurisdiction over the remains. The DAHP will notify any appropriate cemeteries and all affected tribes of the find. The State Physical Anthropologist will make a determination of whether the remains are Indian or Non-Indian and report that finding to any appropriate cemeteries and the affected tribes. The DAHP will then handle all consultation with the affected parties as to the future preservation, excavation, and disposition of the remains. RECORDSA.Digital Records. If requested by RCO, the Sponsor must provide a digital file(s) of the project property and funded project site in a format specified by the RCO. B.Maintenance and Retention. The Sponsor shall maintain books, records, documents, data and other records relating to this Agreement and performance of the services described herein, including but not limited to accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Agreement. Sponsor shall retain such records for a period of nine years from the date RCO deems the project complete, as defined in the PROJECT REIMBURSEMENTS Section. If any litigation, claim or audit is started before the expiration of the nine (9) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. C.Access to Records and Data. At no additional cost, the records relating to the Agreement, including materials generated under the Agreement, shall be subject at all reasonable times to inspection, review or audit by RCO, personnel duly authorized by RCO, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement. This includes access to all information that supports the costs submitted for payment under the grant and all findings, conclusions, and recommendations of the Sponsor’s reports, including computer models and methodology for those models. D.Public Records. Sponsor acknowledges that the RCO is subject to RCW 42.56 and that this Agreement and any records Sponsor submits or has submitted to the State shall be a public record as defined in RCW 42.56. RCO administers public records requests per WAC 286-06 and 420-04 (which ever applies). Additionally, the Sponsor agrees to disclose any information in regards to the expenditure of that funding as if the project sponsor were subject to the requirements of chapter 42.56 RCW. By submitting any record to the State, Sponsor understands that the State may be requested to disclose or copy that record under the state public records law, currently codified at RCW 42.56. The Sponsor warrants that it possesses such legal rights as are necessary to permit the State to disclose and copy such document to respond to a request under state public records laws. The Sponsor hereby agrees to release the State from any claims arising out of allowing such review or copying pursuant to a public records act request, and to indemnify against any claims arising from allowing such review or copying and pay the reasonable cost of state’s defense of such claims. PROJECT FUNDINGA.Authority. This Agreement and funding is made available to Sponsor through the RCO. B.Additional Amounts. The RCO or Funding Entity shall not be obligated to pay any amount beyond the dollar amount as identified in this Agreement, unless an additional amount has been approved in advance by the RCO director and incorporated by written amendment into this Agreement. C.Before the Agreement. No expenditure made, or obligation incurred, by the Sponsor before the project start date shall be eligible for grant funds, in whole or in part, unless specifically provided for by the RCO director, such as a RCO: 20-1289 Revision Date: 6/1/2021 Page 16 of 22 waiver of retroactivity or program specific eligible pre-Agreement costs. For reimbursements of such costs, this Agreement must be fully executed and an original received by RCO. The dollar amounts identified in this Agreement may be reduced as necessary to exclude any such expenditure from reimbursement. D.After the Period of Performance. No expenditure made, or obligation incurred, following the period of performance shall be eligible, in whole or in part, for grant funds hereunder. In addition to any remedy the RCO or Funding Entity may have under this Agreement, the grant amounts identified in this Agreement shall be reduced to exclude any such expenditure from participation. PROJECT REIMBURSEMENTSA.Reimbursement Basis. This Agreement is administered on a reimbursement basis per WAC 286-13 and/or 420-12, whichever has been designated to apply. Only the primary Sponsor may request reimbursement for eligible and allowable costs incurred during the period of performance. The primary Sponsor may request reimbursement only after (1) this Agreement has been fully executed and (2) the Sponsor has remitted payment to its vendors. RCO will authorize disbursement of project funds only on a reimbursable basis at the percentage as defined in the PROJECT FUNDING Section. Reimbursement shall not be approved for any expenditure not incurred by the Sponsor, or for a donation used as part of its matching share. RCO does not reimburse for donations. All reimbursement requests must include proper documentation of expenditures as required by RCO. B.Reimbursement Request Frequency. The primary Sponsor is required to submit a reimbursement request to RCO, at a minimum for each project at least once a year for reimbursable activities occurring between July 1 and June 30 or as identified in the milestones. Sponsors must refer to the most recent applicable RCO manuals and this Agreement regarding reimbursement requirements. C.Compliance and Payment. The obligation of RCO to pay any amount(s) under this Agreement is expressly conditioned on strict compliance with the terms of this Agreement and other agreements between RCO and the Sponsor. D.Conditions for Payment of Retainage. RCO reserves the right to withhold disbursement of the total amount of the grant to the Sponsor until the following has occurred: 1) RCO has accepted the project as a completed project, which acceptance shall not be unreasonably withheld. 2) On-site signs are in place (if applicable); Any other required documents and media are complete and submitted to RCO;Grant related fiscal transactions are complete, and 3) RCO has accepted a final boundary map of the project area for which the Agreement terms will apply in the future. RECOVERY OF PAYMENTSA.Recovery for Noncompliance. In the event that the Sponsor fails to expend funds under this Agreement in accordance with state and federal laws, and/or the provisions of the Agreement, fails to meet its percentage of the project total, and/or fails to comply with any of the terms and conditions of the Agreement, RCO reserves the right to recover grant award funds in the amount equivalent to the extent of noncompliance in addition to any other remedies available at law or in equity. B.Return of Overpayments. The Sponsor shall reimburse RCO for any overpayment or erroneous payments made under the Agreement. Repayment by the Sponsor of such funds under this recovery provision shall occur within 30 days of demand by RCO. Interest shall accrue at the rate of twelve percent (12%) per annum from the time the Sponsor received such overpayment. Unless the overpayment is due to an error of RCO, the payment shall be due and owing on the date that the Sponsor receives the overpayment from the RCO. If the payment is due to an error of RCO, it shall be due and owing 30 days after demand by RCO for refund. COVENANT AGAINST CONTINGENT FEESThe Sponsor warrants that no person or selling agent has been employed or retained to solicit or secure this Agreement on an agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide employees or bona fide established agents maintained by the Sponsor for the purpose of securing business. RCO shall have the right, in the event of breach of this clause by the Sponsor, to terminate this Agreement and to be reimbursed by Sponsor for any grant funds paid to Sponsor (even if such funds have been subsequently paid to an agent), without liability to RCO or, in RCO's discretion, to deduct from the Agreement grant amount or consideration or recover by other means the full amount of such commission, percentage, brokerage or contingent fee. RCO: 20-1289 Revision Date: 6/1/2021 Page 17 of 22 INCOME (AND FEES) AND USE OF INCOMESee WAC 286-13-110 for additional requirements for projects funded from the RCFB. A.Compatible source. The source of any income generated in a funded project or project area must be compatible with the funding source and the Agreement and any applicable manuals, RCWs, and WACs. B.Use of Income. Subject to any limitations contained in applicable state or federal law and applicable rules and policies, income or fees generated at a project work site (including entrance, utility corridor permit, cattle grazing, timber harvesting, farming, rent, franchise fees, ecosystem services, carbon sequestration, etc.) during or after the reimbursement period cited in the Agreement, must be used to offset: 1) The Sponsor’s matching resources; 2) The project’s total cost; 3) The expense of operation, maintenance, stewardship, monitoring, and/or repair of the facility or program assisted by the grant funding; 4) The expense of operation, maintenance, stewardship, monitoring, and/or repair of other similar units in the Sponsor’s system; 5) Capital expenses for similar acquisition and/or development and renovation; and/or 6) Other purposes explicitly approved by RCO or otherwise provided for in this agreement. C.Fees. User and/or other fees may be charged in connection with land acquired or facilities developed, maintained, renovated, or restored and shall be consistent with the: 1) Grant program laws, rules, and applicable manuals; 2) Value of any service(s) furnished; 3) Value of any opportunities furnished; and 4) Prevailing range of public fees in the state for the activity involved. PROCUREMENT REQUIREMENTSA.Procurement Requirements. If the Sponsor has, or is required to have, a procurement process that follows applicable state and/or federal law or procurement rules and principles, it must be followed, documented, and retained. If no such process exists, the Sponsor must follow these minimum procedures: 1) Publish a notice to the public requesting bids/proposals for the project; 2) Specify in the notice the date for submittal of bids/proposals; 3) Specify in the notice the general procedure and criteria for selection; and 4) Sponsor must contract or hire from within its bid pool. If bids are unacceptable the process needs to be repeated until a suitable bid is selected. 5) Comply with the same legal standards regarding unlawful discrimination based upon race, gender, ethnicity, sex, or sex-orientation that are applicable to state agencies in selecting a bidder or proposer. Alternatively, Sponsor may choose a bid from a bidding cooperative if authorized to do so. This procedure creates no rights for the benefit of third parties, including any proposers, and may not be enforced or subject to review of any kind or manner by any entity other than the RCO. Sponsors may be required to certify to the RCO that they have followed any applicable state and/or federal procedures or the above minimum procedure where state or federal procedures do not apply. TREATMENT OF EQUIPMENT AND ASSETSEquipment shall be used and managed only for the purpose of this Agreement, unless otherwise provided herein or in the applicable manuals, or approved by RCO in writing. A.Discontinued Use. Equipment obtained under this Agreement shall remain in the possession of the Sponsor for the duration of the project, or RULES of applicable grant assisted program. When the Sponsor discontinues use of the RCO: 20-1289 Revision Date: 6/1/2021 Page 18 of 22 equipment for the purpose for which it was funded, RCO may require the Sponsor to deliver the equipment to RCO, or to dispose of the equipment according to RCO published policies. B.Loss or Damage. The Sponsor shall be responsible for any loss or damage to equipment. RIGHT OF INSPECTIONThe Sponsor shall provide right of access to the project to RCO, or any of its officers, or to any other authorized agent or official of the state of Washington or the federal government, at all reasonable times, in order to monitor and evaluate performance, long-term obligations, compliance, and/or quality assurance under this Agreement. If a landowner agreement or other form of control and tenure limits access to the project area, it must include (or be amended to include) the RCO’s right to inspect and access lands acquired or developed with this funding assistance. STEWARDSHIP AND MONITORINGSponsor agrees to perform monitoring and stewardship functions as stated in the applicable WACs and manuals, this Agreement, or as otherwise directed by RCO consistent with the existing laws and applicable manuals. Sponsor further agrees to utilize, where applicable and financially feasible, any monitoring protocols recommended by the RCO; provided that RCO does not represent that any monitoring it may recommend will be adequate to reasonably assure project performance or safety. It is the sole responsibility of the Sponsor to perform such additional monitoring as may be adequate for such purposes. PREFERENCES FOR RESIDENTSSponsors shall not express a preference for users of grant assisted projects on the basis of residence (including preferential reservation, membership, and/or permit systems) except that reasonable differences in admission and other fees may be maintained on the basis of residence. Fees for nonresidents must not exceed twice the fee imposed on residents. Where there is no fee for residents but a fee is charged to nonresidents, the nonresident fee shall not exceed the amount that would be imposed on residents at comparable state or local public facilities. ACKNOWLEDGMENT AND SIGNSA.Publications. The Sponsor shall include language which acknowledges the funding contribution of the applicable grant program to this project in any release or other publication developed or modified for, or referring to, the project during the project period and in the future. B.Signs. 1) During the period of performance through the period of long-term obligation, the Sponsor shall post openly visible signs or other appropriate media at entrances and other locations on the project area that acknowledge the applicable grant program's funding contribution, unless waived by the director; and 2) During the period of long-term obligation, the Sponsor shall post openly visible signs or other appropriate media at entrances and other locations to notify the public of the availability of the site for reasonable public access. C.Ceremonies. The Sponsor shall notify RCO no later than two weeks before a dedication ceremony for this project. The Sponsor shall verbally acknowledge the applicable grant program’s funding contribution at all dedication ceremonies and in all advertisements and mailings thereof, and any and all of its related digital media publications. PROVISIONS APPLYING TO DEVELOPMENT, MAINTENANCE, RENOVATION, AND RESTORATION PROJECTSThe following provisions shall be in force: A.Operations and Maintenance. Properties, structures, and facilities developed, maintained, or operated with the assistance of money granted per this Agreement and within the project area shall be built, operated, and maintained according to applicable regulations, laws, building codes, and health and public safety standards to assure a reasonably safe condition and to prevent premature deterioration. It is the Sponsor’s sole responsibility to ensure the same are operated and maintained in a safe and operable condition. The RCO does not conduct safety inspections or employ or train staff for that purpose. B.Document Review and Approval. Prior to commencing construction or finalizing the design, the Sponsor agrees to submit one copy of all construction and restoration plans and specifications to RCO for review solely for compliance with the scope of work to be identified in the Agreement. RCO does not review for, and disclaims any responsibility to review for safety, suitability, engineering, compliance with code, or any matters other than the scope so identified. Although RCO staff may provide tentative guidance to a Sponsor on matters related to site accessibility by persons with a disability, it is the Sponsor’s responsibility to confirm that all legal requirements for accessibility are met even if RCO: 20-1289 Revision Date: 6/1/2021 Page 19 of 22 the RCO guidance would not meet such requirements. 1) Change orders that impact the amount of funding or changes to the scope of the project as described to and approved by the RCO must receive prior written approval of the RCO. C.Control and Tenure. The Sponsor must provide documentation that shows appropriate tenure and term (such as long-term lease, perpetual or long-term easement, or perpetual or long-term fee simple ownership, or landowner agreement or interagency agreement for the land proposed for construction, renovation, or restoration. The documentation must meet current RCO requirements identified in this Agreement as of the effective date of this Agreement unless otherwise provided in any applicable manual, RCW, WAC, or as approved by the RCO. D.Use of Best Management Practices. Sponsors are encouraged to use best management practices including those developed as part of the Washington State Aquatic Habitat Guidelines (AHG) Program. AHG documents include “Integrated Streambank Protection Guidelines”, 2002; “Land Use Planning for Salmon, Steelhead and Trout: A land use planner’s guide to salmonid habitat protection and recovery”, 2009”, “Protecting Nearshore Habitat and Functions in Puget Sound”, 2010; “Stream Habitat Restoration Guidelines”, 2012; “Water Crossing Design Guidelines”, 2013; and “Marine Shoreline Design Guidelines”, 2014. These documents, along with new and updated guidance documents, and other information are available on the AHG Web site. Sponsors are also encouraged to use best management practices developed by the Washington Invasive Species Council (WISC) described in “Reducing Accidental Introductions of Invasive Species” which is available on the WISC Web site. E. At no time shall the Sponsor design, construct, or operate this grant funded project in a way that unreasonably puts the public, itself, or others at risk of injury or property damage. The Sponsor agrees and acknowledges that the Sponsor is solely responsible for safety and risk associated with the project, that RCO does not have expertise, capacity, or a mission to review, monitor, or inspect for safety and risk, that no expectation exists that RCO will do so, and that RCO is in no way responsible for any risks associated with the project. LONG-TERM OBLIGATIONS OF THE PROJECTS AND SPONSORSA.Long-Term Obligations. This section applies to completed projects only. B.Perpetuity. For acquisition, development, and restoration projects, or a combination thereof, unless otherwise allowed by applicable manual, policy, program rules, or this Agreement, or approved in writing by RCO. The RCO requires that the project area continue to function for the purposes for which these grant funds were approved, in perpetuity. C.Conversion. The Sponsor shall not at any time convert any real property (including any interest therein) or facility acquired, developed, renovated, and/ or restored pursuant to this Agreement, unless provided for in applicable statutes, rules, and policies. Conversion includes, but is not limited to, putting such property (or a portion of it) to uses other than those purposes for which funds were approved or transferring such property to another entity without prior approval via a written amendment to the Agreement. All real property or facilities acquired, developed, renovated, and/or restored with funding assistance shall remain in the same ownership and in public use/access status in perpetuity unless otherwise expressly provided in the Agreement or applicable policies or unless a transfer or change in use is approved by the RCO through an amendment. Failure to comply with these obligations is a conversion. Further, if the project is subject to operation and or maintenance obligations, the failure to comply with such obligations, without cure after a reasonable period as determined by the RCO, is a conversion. Determination of whether a conversion has occurred shall be based upon all terms of the Agreement, and all applicable state of federal laws or regulation. 1) When a conversion has been determined to have occurred, the Sponsor shall remedy the conversion as set forth in this Agreement (with incorporated documents) and as required by all applicable policies, manuals, WACs and laws that exist at the time the remedy is implemented or the right to the remedy is established by a court or other decision-making body, and the RCO may pursue all remedies as allowed by the Agreement or law. CONSTRUCTION, OPERATION, USE, AND MAINTENANCE OF ASSISTED PROJECTSThe following provisions shall be in force for this agreement: A.Property and facility operation and maintenance. Sponsor must ensure that properties or facilities assisted with the grant funds, including undeveloped sites, are built, operated, used, and maintained: 1) According to applicable federal, state, and local laws and regulations, including public health standards and building codes; 2) In a reasonably safe condition for the project’s intended use; RCO: 20-1289 Revision Date: 6/1/2021 Page 20 of 22 3) Throughout its estimated useful service life so as to prevent undue deterioration; 4) In compliance with all federal and state nondiscrimination laws, regulations and policies. B.Open to the public. Unless otherwise specifically provided for in the Agreement, and in compliance with applicable statutes, rules, and applicable WACs and manuals, facilities must be open and accessible to the general public, and must: 1) Be constructed, maintained, and operated to meet or exceed the minimum requirements of the most current guidelines or rules, local or state codes, Uniform Federal Accessibility Standards, guidelines, or rules, including but not limited to: the International Building Code, the Americans with Disabilities Act, and the Architectural Barriers Act, as amended and updated. 2) Appear attractive and inviting to the public except for brief installation, construction, or maintenance periods. 3) Be available for appropriate use by the general public at reasonable hours and times of the year, according to the type of area or facility, unless otherwise stated in RCO manuals or, by a decision of the RCO director in writing. Sponsor shall notify the public of the availability for use by posting and updating that information on its website and by maintaining at entrances and/or other locations openly visible signs with such information. ORDER OF PRECEDENCEThis Agreement is entered into, pursuant to, and under the authority granted by applicable federal and state laws. The provisions of the Agreement shall be construed to conform to those laws. In the event of a direct and irreconcilable conflict between the terms of this Agreement and any applicable statute, rule, or policy or procedure, the conflict shall be resolved by giving precedence in the following order: A. Federal law and binding executive orders; B. Code of federal regulations; C. Terms and conditions of a grant award to the state from the federal government; D. Federal grant program policies and procedures adopted by a federal agency that are required to be applied by federal law; E. State Constitution, RCW, and WAC; F. Agreement Terms and Conditions and Applicable Manuals; G. Applicable deed restrictions, and/or governing documents. LIMITATION OF AUTHORITYOnly RCO’s Director or RCO’s delegate authorized in writing (delegation to be made prior to action) shall have the authority to alter, amend, modify, or waive any clause or condition of this Agreement; provided that any such alteration, amendment, modification, or waiver of any clause or condition of this Agreement is not effective or binding unless made as a written amendment to this Agreement and signed by the RCO Director or delegate. WAIVER OF DEFAULTWaiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver or breach of any provision of the Agreement shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the Agreement unless stated to be such in writing, signed by the director, or the director’s designee, and attached as an amendment to the original Agreement. APPLICATION REPRESENTATIONS – MISREPRESENTATIONS OR INACCURACY OR BREACHThe Funding Entity (if different from RCO) and RCO rely on the Sponsor’s application in making its determinations as to eligibility for, selection for, and scope of, funding grants. Any misrepresentation, error or inaccuracy in any part of the application may be deemed a breach of this Agreement. SPECIFIC PERFORMANCERCO may, at it's discretion, enforce this Agreement by the remedy of specific performance, which means Sponsors’ completion of the project and/or its completion of long-term obligations as described in this Agreement. However, the remedy RCO: 20-1289 Revision Date: 6/1/2021 Page 21 of 22 of specific performance shall not be the sole or exclusive remedy available to RCO. No remedy available to the RCO shall be deemed exclusive. The RCO may elect to exercise any, a combination of, or all of the remedies available to it under this Agreement, or under any provision of law, common law, or equity, including but not limited to seeking full or partial repayment of the grant amount paid and damages. TERMINATION AND SUSPENSIONThe RCO requires strict compliance by the Sponsor with all the terms of this Agreement including, but not limited to, the requirements of the applicable statutes, rules, and RCO policies, and with the representations of the Sponsor in its application for a grant as finally approved by RCO. For federal awards, notification of termination will comply with 2 C.F.R. § 200.340. A.For Cause. 1) The RCO director may suspend or terminate the obligation to provide funding to the Sponsor under this Agreement: a) If the Sponsor breaches any of the Sponsor's obligations under this Agreement; b) If the Sponsor fails to make progress satisfactory to the RCO director toward completion of the project by the completion date set out in this Agreement. Included in progress is adherence to milestones and other defined deadlines; or c) If the primary and secondary Sponsor(s) cannot mutually agree on the process and actions needed to implement the project; 2) Prior to termination, the RCO shall notify the Sponsor in writing of the opportunity to cure. If corrective action is not taken within 30 days or such other time period that the director approves in writing, the Agreement may be terminated. In the event of termination, the Sponsor shall be liable for damages or other relief as authorized by law and/or this Agreement. 3) RCO reserves the right to suspend all or part of the Agreement, withhold further payments, or prohibit the Sponsor from incurring additional obligations of funds during the investigation of any alleged breach and pending corrective action by the Sponsor, or a decision by the RCO to terminate the Contract. B.For Convenience. Except as otherwise provided in this Agreement, RCO may, by ten (10) days written notice, beginning on the second day after the mailing, terminate this Agreement, in whole or in part when it is in the best interest of the state. If this Agreement is so terminated, RCO shall be liable only for payment required under the terms of this Agreement prior to the effective date of termination. A claimed termination for cause shall be deemed to be a "Termination for Convenience" if it is determined that: 1) The Sponsor was not in default; or 2) Failure to perform was outside Sponsor’s control, fault or negligence. C.Rights and Remedies of the RCO. 1) The rights and remedies of RCO provided in this Agreement are not exclusive and are in addition to any other rights and remedies provided by law. 2) In the event this Agreement is terminated by the director, after any portion of the grant amount has been paid to the Sponsor under this Agreement due to Sponsor's breach of the Agreement or other violation of law, the director may require that any amount paid be repaid to RCO for redeposit into the account from which the funds were derived. However, any repayment shall be limited to the extent repayment would be inequitable and represent a manifest injustice in circumstances where the project will fulfill its fundamental purpose for substantially the entire period of performance and of long-term obligation. D.Non Availability of Funds. The obligation of the RCO to make payments is contingent on the availability of state and federal funds through legislative appropriation and state allotment. If amounts sufficient to fund the grant made under this Agreement are not appropriated to RCO for expenditure for this Agreement in any biennial fiscal period, RCO shall not be obligated to pay any remaining unpaid portion of this grant unless and until the necessary action by the Legislature or the Office of Financial Management occurs. If RCO participation is suspended under this section for a continuous period of one year, RCO’s obligation to provide any future funding under this Agreement shall terminate. Termination of the Agreement under this section is not subject to appeal by the Sponsor. 1)Suspension: The obligation of the RCO to manage contract terms and make payments is contingent upon the state appropriating state and federal funding each biennium. In the event the state is unable to appropriate such funds by the first day of each new biennium RCO reserves the right to suspend the Agreement, with ten (10) days written notice, until such time funds are appropriated. Suspension will mean all work related to the contract must cease until such time funds are obligated to RCO and the RCO provides RCO: 20-1289 Revision Date: 6/1/2021 Page 22 of 22 notice to continue work. 2)No Waiver. The failure or neglect of RCO to require strict compliance with any term of this Agreement or to pursue a remedy provided by this Agreement or by law shall not act as or be construed as a waiver of any right to fully enforce all rights and obligations set forth in this Agreement and in applicable state or federal law and regulations. DISPUTE HEARINGExcept as may otherwise be provided in this Agreement , when a dispute arises between the Sponsor and the RCO, which cannot be resolved, either party may request a dispute hearing according to the process set out in this section. Either party’s request for a dispute hearing must be in writing and clearly state: A. The disputed issues; B. The relative positions of the parties; C. The Sponsor’s name, address, project title, and the assigned project number. In order for this section to apply to the resolution of any specific dispute or disputes, the other party must agree in writing that the procedure under this section shall be used to resolve those specific issues. The dispute shall be heard by a panel of three persons consisting of one person chosen by the Sponsor, one person chosen by the director, and a third person chosen by the two persons initially appointed. If a third person cannot be agreed on, the persons chosen by the Sponsor and director shall be dismissed and an alternate person chosen by the Sponsor, and one by the director shall be appointed and they shall agree on a third person. This process shall be repeated until a three person panel is established. Any hearing under this section shall be informal, with the specific processes to be determined by the disputes panel according to the nature and complexity of the issues involved. The process may be solely based on written material if the parties so agree. The disputes panel shall be governed by the provisions of this Agreement in deciding the disputes. The parties shall be bound by the majority decision of the dispute panelists, unless the remedy directed by that panel is beyond the authority of either or both parties to perform, as necessary, or is otherwise unlawful. Request for a disputes hearing under this section by either party shall be delivered or mailed to the other party. The request shall be delivered or mailed within thirty (30) days of the date the requesting party has received notice of the action or position of the other party which it wishes to dispute. The written agreement to use the process under this section for resolution of those issues shall be delivered or mailed by the receiving party to the requesting party within thirty (30) days of receipt by the receiving party of the request. All costs associated with the implementation of this process shall be shared equally by the parties. ATTORNEYS’ FEESIn the event of litigation or other action brought to enforce contract terms, each party agrees to bear its own costs and attorneys' fees. GOVERNING LAW/VENUEThis Agreement shall be construed and interpreted in accordance with the laws of the State of Washington. In the event of a lawsuit involving this Agreement, venue shall be in Thurston County Superior Court if legally proper; otherwise venue shall be in the Superior Court of a county where the project is situated, if venue there is legally proper, and if not, in a county where venue is legally proper. The Sponsor, by execution of this Agreement acknowledges the jurisdiction of the courts of the State of Washington and agrees to venue as set forth above. SEVERABILITYThe provisions of this Agreement are intended to be severable. If any term or provision is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the Agreement. END OF STANDARD TERMS AND CONDITIONSThis is the end of the Standard Terms and Conditions of the Agreement. Haddon Park Concept PlanSee Plan EnlargementFutureCommunityGardenLafayette Ave.Open LawnArea w/ NewShade TreesExisting PathNew Pathways Regraded for AccessibilityNew Tree Plantings under UtilitiesExisting Trees Plan Enlargement (Rotated for legibility, with inspirational images)AccessibleRenovatedSports CourtChildren;s Playground w/ Retaining WallAccessible Pathway Connecting FeaturesPaved Accessible ParkingNew FencingPicnic Shelter & New Accessible PathwaysAccessible Parking & Entry PathwayExample of New Restroom & Drinking FountainExample of ShelterInterpretive SignageFuture Proposed Stairway Connection from Future SidewalkLandscaping to Stabilize SlopeExample of New Children’s Play AreaPicnicTablesBenchesBenchesNew RestroomShade TreesEntrySignageRenovated Multi-Sport Court AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: October 13, 2021 Proposed Public Hearing on Resolution No. ________ approving the 2022 Community Development Block Grant/HOME Funding Recommendations for Inclusion in the 2022 CDBG/HOME Action Plan COUNCIL MEETING Date: October 20, 2021 Department: DCD-CDBG Presenter: Sarah Achaoui Phone: (360) 473-5375 SUMMARY: On June 16, 2021 City Council approved the 2022 CDBG/HOME Policy Plan outlining the CDBG and HOME funding allocation process. Based on that policy, the Project Review Committee (PRC) has developed the 2022 funding recommendations for Council consideration and approval. If approved, these submissions will be sent to the Department of Housing and Urban Development (HUD) in the City’s Annual Action Plan. ATTACHMENTS: 1. Attachment 1: Memo discussing funding sources (including Community Development Block Grant (CDBG), and American Rescue Plan Act funding (ARPA). 2. Resolution with Exhibits Exhibit A: 2022 Action Plan PRC recommendation for 2022 CDBG funding. Exhibit B: Grant Recommendation Committee HOME Recommendations for Funding. Exhibit C: PRC recommendation for American Rescue Plan (ARPA) funding. Exhibit D: CDBG and ARPA Project Descriptions FISCAL IMPACTS (Include Budgeted Amount): None. Block Grant is a pass-through funding from the Department of Housing and Urban Development, and Federal Department of Treasury. STUDY SESSION AGENDA: ☐ Limited Presentation ☒ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☒ Public Hearing RECOMMENDED MOTION: Move to pass Resolution No. _____ approving the 2022 funding recommendations to be included in the 2022 Action Plan to HUD, allocate a portion of the City’s ARPA funding, and authorize the Mayor to finalize and execute the agency grant agreements with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 A6 To: Bremerton City Council From: Sarah Achaoui Date: October 13, 2021 Re: Public Hearing to Adopt the 2022 Project Review Committee Recommendations for Funding Funding Recommendations by Project Review Committee The Project Review Committee came to two possibilities for funding. They are broken down by the following: 1.PRC Preferred recommendation: To use Community Development Block Grant (CDBG) funding and American Rescue Plan Act (ARPA) funding to fully fund all projects. CDBG funding will fully fund Infrastructure projects such as Public Works and Parks projects. ARPA funding will fully fund public service job training projects, Weatherization and Minor Home Repair, and Business Education Support and Training. a.ARPA funding is intended to address economic stabilization for households and businesses. The Project Review Committee recommends utilizing some of these funds to support work that implements the intention of funding. b.CDBG funding is intended to support low and moderate income households and neighborhood through a wide range of eligible activities. Public works, infrastructure, and parks projects are included in these activities. The Project Review Committee recommends using the entitlement grant to fully fund the ADA accessibility upgrades to City sidewalks and Parks upgrades to Haddon Park. c.By funding the Coffee Oasis with ARPA funding it allows the City to fully-fund their request, if we were to use CDBG funding to fund this project it would be subject to the 15% public service cap ($67,500), thus limiting their funding. DEPARTMENT OF COMMUNITY DEVELOPMENT MEMORANDUM Exhibit B 2. PRC back-up recommendation: If ARPA funding is not made available to fund eligible projects, the Project Review Committee supports funding the highest scoring projects (Weatherization, Job Training, and Parks), while limiting the funding to Public Works ADA sidewalk upgrades, and not funding Microenterprise development. 2022 Community Development Block Grant Applications for Funding 2022 Estimated Entitlement $450,000 Funding for Grant Administration (20%)$90,000 Funding for Public Service Job Training (up to 15%)$67,500 Funding for Capital Projects and Microenterprise Programs $292,500 PRC BACKUP RECOMMENDATION Funding Category / Applicant Project Name Average Application Score Grant Request CDBG AWARD ARPA* AWARD If NO ARPA funding utlilized, and only CDBG Funding is awarded then Grant Administration (20% of Entitlement) City of Bremerton CDBG Block Grant Administration N/A $90,000 $90,000 Job Training Projects ("Public Services") The Coffee Oasis HOPE Inc. Job Training Program 89/100 $79,750 not funded with CDBG $79,750 $67,500 Capital Projects & Microenterprise: City of Bremerton Parks Department Haddon Park Accessible Playground Surfacing 93/100 $132,000 $132,000 not funded with APRA $132,000 City of Bremerton Public Works & Utilities Pedestrian Priority Network Infrastructure Improvements 89/100 $219,295 $219,295 not funded with APRA $110,500 Kitsap Community Resources Weatherization and Minor Home Repair 93/100 $50,000 not funded with CDBG $50,000 $50,000 Kitsap Community Resources BE$T (microenterprise job training program)80/100 $60,000 not funded with CDBG $60,000 Not funded Total All Categories $441,295 $189,750 $450,000 PRC PREFERRED RECOMMENDATION *ARPA is the American Rescue Plan Act that provided grant funding to the City of Bremerton to address economic stabilization for households and businesses. The Project Review Committee recommends utlitzing some of these funds to support work that implements the intention of funding. Project Review Committee (PRC) recommendation for funding contingencies if City Council accepts the recommendation to utlize ARPA expenditures: If the amount of CDBG Funding is less than $450,000 then: PW&U receives a reduction in the amount of their award equal to the annual award reduction. The Parks grant maintains award at 100% of request. If the amount of CDBG Funding is more than $450,000 then: Additional funds roll into next year's process. 1 RESOLUTION NO. ________ A RESOLUTION of the City Council of the City of Bremerton, Washington, approving the 2022 CDBG/HOME Funding Recommendations for inclusion in the 2022 CDBG/HOME Action Plan, and implementing Project Review Committee (PRC) recommendations for a portion of the City’s American Rescue Plan Act (ARPA) funding. WHEREAS, the City of Bremerton is an entitlement community which receives a Community Development Block Grant (“CDBG”) each year from the Department of Housing and Urban Development (“HUD”), and also receives funding from HUD’s Home Investment Partnerships (“HOME”) program through its participation in the Kitsap County HOME Consortium; and WHEREAS, the City of Bremerton has established a mandatory Policy Plan for the City’s management of its HUD entitlement, including a citizen participation plan, application and review processes, eligibility, and implementation requirements for grant funded projects; and WHEREAS, the City of Bremerton conducts a competitive annual process based on the Policy Plan to determine allocation of CDBG and HOME entitlement; and WHEREAS, the City of Bremerton’s 2022 Policy Plan citizen participation plan establishes a Project Review Committee to assist the Department of Community Development in reviewing CDBG and HOME applications by interviewing applicants and recommending annual project allocation decisions to the Bremerton City Council; and WHEREAS, the City of Bremerton participates in a Coordinated Application process with Kitsap County Block Grant Program and Kitsap County Housing and Homelessness Program for HOME and Homeless Housing Grant Programs, and had its own competitive CDBG RFP process which received three (3) capital applications, one (1) microenterprise application, and one (1) job training application, and all were forwarded to the Project Review Committee; and WHEREAS, the CDBG Project Review Committee has reviewed, interviewed and discussed each of the eligible funding requests and formulated funding recommendations and a funding contingency plan based on their review; and WHEREAS, upon PRC deliberations regarding the grantee applications and interviews, the committee desired to fund each project fully and determined a number of projects could be funded utilizing American Rescue Plan Act (ARPA) funding, and therefore recommended a strategy of funding some projects with CDBG and some with ARPA thereby fully funding all projects at their request; and 2 WHEREAS, the City of Bremerton Block Grant staff on Friday, September 10th, 2021, posted the recommendations to the City of Bremerton’s website and advertised in the Kitsap Sun a 30-day written public comment period commencing September 10th and concluding October 11th, 2021; and WHEREAS, no public comments were received during the public comment period; and WHEREAS, a legal ad was placed in the Kitsap Sun on September 10th 2021 advertising the City of Bremerton Public Hearing adopting the funding recommendations on October 20th 2021; and WHEREAS, the Department of Community Development CDBG/HOME staff presents the Project Review Committee’s recommendations to the City Council for adoption; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The recitals and findings of fact set forth in this resolution are hereby incorporated as if fully set forth herein. SECTION 2. The 2022 CDBG/HOME Funding Recommendations attached hereto as Exhibits A and B, will be incorporated into the 2022 Action Plan to be submitted to the Department of Housing and Urban Development for approval. SECTION 3. The PRC recommendation for ARPA funding is attached hereto as Exhibit C. 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 __________________, 2021. 3 _________________________________ KEVIN GORMAN, Council President APPROVED AS TO FORM: ATTEST: __________________________________ ________________________________ KYLIE FINNELL, City Attorney ANGELA HOOVER, City Clerk 2022 Community Development Block Grant Applications for Funding Exhibit A 2022 Estimated Entitlement $450,000 Funding for Grant Administration (20%)$90,000 Funding for Public Service Job Training (up to 15%)$67,500 Funding for Capital Projects and Microenterprise Programs $292,500 PRC BACKUP RECOMMENDATION Funding Category / Applicant Project Name Average Application Score Grant Request CDBG AWARD If NO ARPA funding utlilized, and only CDBG Funding is awarded then Grant Administration (20% of Entitlement) City of Bremerton CDBG Block Grant Administration N/A $90,000 $90,000 Job Training Projects ("Public Services") The Coffee Oasis HOPE Inc. Job Training Program 89/100 $79,750 not funded with CDBG $67,500 Capital Projects & Microenterprise: City of Bremerton Parks Department Haddon Park Accessible Playground Surfacing 93/100 $132,000 $132,000 $132,000 City of Bremerton Public Works & Utilities Pedestrian Priority Network Infrastructure Improvements 89/100 $219,295 $219,295 $110,500 Kitsap Community Resources Weatherization and Minor Home Repair 93/100 $50,000 not funded with CDBG $50,000 Kitsap Community Resources BE$T (microenterprise job training program)80/100 $60,000 not funded with CDBG Not funded Total All Categories $441,295 $450,000 PRC PREFERRED RECOMMENDATION Project Review Committee (PRC) recommendation for funding contingencies if City Council accepts the recommendation to utlize ARPA expenditures: If the amount of CDBG Funding is less than $450,000 then: PW&U receives a reduction in the amount of their award equal to the annual award reduction. The Parks grant maintains award at 100% of request. If the amount of CDBG Funding is more than $450,000 then: Additional funds roll into next year's process. PRC recommendation for contingencies if City Council does not accept grant awards with ARPA funding: If the amount of CDBG Funding is less than $450,000 then: Weatherization award maintained at 100% and Hope Inc Job Training Program maintains 15% of annual CDBG award If the amount of CDBG Funding is more than $450,000 then: Additional funds roll into next year's process. PRC contingencies beyond the scenarios outlined above: If anything beyond these contingencies then the Project REview Committee will reconvene KITSAP COUNTY BLOCK GRANT PROGRAM Department of Human Services 2021 Grant Recommendation Commitee Funding Recommendations Bremerton HOME Requested Amount Recommendations Kitsap Community Resources (KCR) - Manette Housing 400,000 203,039.10 Totals $400,000 $203,039.10 KITSAP COMMUNITY RESOURCES (KCR) Manette Long Term Low-Income Housing Service Area: Bremerton Funds will be used for new construction of three townhouse style triplexes, each consisting of two 2-bedroom units and one 3-bedroom unit. One of the 2-bedroom units in each triplex will be one level, ADA accessible, and available for a veteran. The units will be available for households at or below 30% of area median income, prioritizing based on the Housing Solutions Center vulnerability assessment. Rental assistance will be provided through Section 8 vouchers. *Any increase or decrease to Bremerton HOME Funding will be applied to the KCR Manette Project. City of Bremerton HOME Program Exhibit B 2022 HOME FUNDING RECOMMENDATIONS 9 Units amount of request: $400000 2022 American Rescue Plan Act Recommendations for Funding Exhibit C 2022 Amount Available $189,750 Funding Category / Applicant Project Name Average Application Score Grant Request ARPA* AWARD Grant Administration (20% of Entitlement) City of Bremerton CDBG Block Grant Administration N/A Job Training Projects ("Public Services") The Coffee Oasis HOPE Inc. Job Training Program 89/100 $79,750 $79,750 Capital Projects & Microenterprise: City of Bremerton Parks Department Haddon Park Accessible Playground Surfacing 93/100 $132,000 not funded with APRA City of Bremerton Public Works & Utilities Pedestrian Priority Network Infrastructure Improvements 89/100 $219,295 not funded with APRA Kitsap Community Resources Weatherization and Minor Home Repair 93/100 $50,000 $50,000 Kitsap Community Resources BE$T (microenterprise job training program)80/100 $60,000 $60,000 Total All Categories $189,750 PRC PREFERRED RECOMMENDATION *ARPA is the American Rescue Plan Act that provided grant funding to the City of Bremerton to address economic stabilization for households and businesses. The Project Review Committee recommends utlitzing some of these funds to support work that implements the intention of funding. CDBG STAFF ADMINISTRATION FUNDING MICROENTERPRISE FUNDING Kitsap Community Resources: Business Education Support and Training CDBG CAPITAL FUNDING Bremerton Parks and Recreation Department: Haddon Park Accessible Playground WEATHERIZATION AND MINOR HOME REPAIR Kitsap Community Resources-Weatherization and Minor Home Repair JOB TRAINING PROGRAM FUNDING Coffee Oasis-HOPE Inc. Program $1 Exhibit D Funds will be used to provide weatherization and minor home repair services for 6 homes (both owner occupied and rental units) within the City of Bremerton. This will include installing measures which improve energy efficiency such as insulation, blower door testing to assess heat leakage, ductless heat pumps, and combustion safety evaluation. It will also include minor home repairs such as replacement of a leaking roof, improvements which increase acessibility such as wheelchair ramps, as well as health and safety improvements such as repairing wiring and plumbing. Funds will be used to provide comprehensive job training for at-risk and homeless youth. Project will provide 6 weeks of job preparation classes, on the job training at a local business and weekly aftercare support in acquiring permanent employment. Project anticipates 30 youth will complete the 6 week job training classes, 20 youth will complete a 100-hour internship at a local business, and 17 will acquire employment six months after participating in the program. Grant administration is the general management and coordination of the CDBG/HOME programs, including federal regulation compliance, annual monitoring, citizen participation and development of other sources of funding for community development. 20% of our CDBG entitlement plus program income may be used for planning and administratve costs to deliver the CDBG program requirements. Those funds not being used for administration and planing purposes will be rolled into project use. The BE$T program is designed for low-income individuals and those with limited funds who are interested in mastering the skills necessary to start or expand their own business. Program-wide BE$T plans to assist 80 new businesses and create 40 new jobs. Specific activities supported by CDBG include: community outreach to local organizations and past graduates, business training classes instructed by a professional trainer, facilitation of individual technical assistance, business, legal and coaching sessions, workshops on business, financials, communication and social media topics, operational costs associated with the program, services, facilities and management, and helping grands find access to capital to grow their businesses. Haddon Park is an aging neighborhood park located near Anderson Cove, an underserved area in West Bremerton and sits on a 3-acre parce. The site contains a small parking area, broken-down play equipment, rusted restroom, non-accessible pathways and sports court and no picnic shelter. Currently no part of the park is ADA accessible. The park's renovation is identified as a high priority with the goal to provide the neighborhood a safe, accessible and close-to-home place to recreate and play. This grant will fund the artificial playground grass which is an accessible playground surfacing that is safe for kids to play on, soft to fall on and wheelchair accessible sot hat everyone, regardless of ability, can use and enjoy the new playground at Haddon Park. Bremeton Public Works-Pedestrian Priority Network Infrastructure Improvements This project would construct approximately 445 lineal feet of sidewalk, 20 curb ramps, and other necessry associated street improvements. These improvements would repair hazardous sidewalk conditions and create improved access for pedestrians of all ages and abilities, remove barriers for those with disabilites, and provide connected corridors for foot traffic. The project scope is also focused on the pedestrian priority network and previously identified economicall distressed parts of the City. AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: October 13, 2021 Proposed Public Hearing on Ordinance No. _____ adopting 2021 Comprehensive Plan Amendments; and Ordinance No. ____ adopting associated Zoning Code Amendments COUNCIL MEETING Date: October 20, 2021 Department: DCD Presenter: Garrett Jackson Phone: (360) 473-5289 SUMMARY: The action before the City Council is to conduct a public hearing for the 2021 Comprehensive Plan Docket and associated zoning code amendments. This action is implemented with two ordinances as follows: 1. Ordinance No. ____ amends the Comprehensive Plan text to reflect the 2021 amendments; and 2. Ordinance No. ____ amends the Zoning Code text to maintain consistency with the amended Comprehensive Plan. ATTACHMENTS: 1. Staff Memo 2. Proposed Ordinance No. ____ with the following Exhibits: Exhibit A: Findings & Conclusions from the Planning Commission Exhibit B: Comprehensive Plan Housing Element replacement pages Exhibit C: Comprehensive Plan Land Use Element replacement pages 3. Proposed Ordinance No. ____ amending the zoning code for consistency with the 2021 Comprehensive Plan amendments. FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: ☐ Limited Presentation ☒ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☒ Public Hearing RECOMMENDED MOTIONS: There are two ordinances associated with the proposed action, one that amends the Comprehensive Plan and the second that amends the Zoning Code. Move to pass Ordinance No. ____ adopting 2021 amendments to the Comprehensive Plan text. Move to pass Ordinance No. ____ adopting text amendments to Bremerton Municipal Code Title 20, Zoning Code, to be consistent with the 2021 Comprehensive Plan amendments. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 A7 To: City Council From: Garrett Jackson, Planning Manager Date: October 20, 2021 Re: Comprehensive Plan Amendments & Associated Zoning Code Changes EXECTUIVE SUMMARY The Planning Commission and Staff are pleased to present the proposed 2021 Comprehensive Plan Amendment Docket for Council consideration. State and City statutes, including the Bremerton Municipal Code (BMC), allow the Comprehensive Plan to be amended a maximum of once per year. The 2021 Docket includes two city-initiated amendments as follows: • Housing Displacement – Add language to address Housing Displacement avoidance. • Charleston District Center – Implement strategies identified in the Charleston Area- wide Planning Study. In addition to the Comprehensive Plan annual amendments, the City is also proposing to modify the Zoning Code concurrently. State law requires that there be consistency between these two documents. Because of the interrelatedness of the issue, the public hearing is combined, but the City Council has to take action to adopt two separate ordinances to amend the two different documents. The ordinance amending the City’s Comprehensive Plan must be passed prior to the ordinance amending the Zoning Code. ATTACHMENT TO MEMO - Planning Commission Minutes • March 15, 2021 Workshop • July 19, 2021 Public Hearing Why is the City proposing this amendment? The City is seeking to address Housing Displacement and also to implement strategies identified in the Charleston Area-wide Planning Study. Please see the Planning Commission packets from the March 15, 2021 Workshop and July 19, 2021 Public Hearing for additional information. DEPARTMENT OF COMMUNITY DEVELOPMENT MEMORANDUM ⚫ Page 2 Housing Displacement. According to the Puget Sound Regional Council, the central Puget Sound region is expected to increase more than 1.8 million people by the year 2050. As the City continues to develop in order to absorb increases in population, it is expected that existing housing will be redeveloped in order to construct new projects at greater densities. While redevelopment improves the overall quantity and quality of housing stock in the City, it could also lead to the displacement of Bremerton residents who may not have the funds necessary to locate other housing. At the moment, the Multifamily Tax Exemption program (MFTE) is the only City regulatory document that contains criteria for housing displacement. To be eligible for the MFTE program, an applicant must provide each existing tenant housing of comparable size, quality, and price and a reasonable opportunity to relocate. This proposed amendment will also align the City with regional planning goals, known as Countywide Planning Policies (CPP) proposed by the Kitsap Regional Coordinating Council (KRCC). Among other proposed updates, the draft CPPs require Kitsap County and cities within its borders to adopt displacement strategies. The public comment period for Draft Countywide Planning Policies closed on June 25th of this year, with a public hearing being held on July 6th. More recently, the Kitsap County Board of Commissioners held a September 27th hearing on the proposed updates, and jurisdictional ratification process will follow. The proposed Comprehensive Plan displacement language would be a precursor to future zoning code amendments, which are not under consideration at the present hearing. The proposed amendment can be viewed within the context of the Housing Element portion of the Comprehensive Plan in Exhibit B; and is written as follows: • The City shall implement measures to mitigate displacement of extremely-low and low-income resident's housing when new development occurs on sites that have existing units that house the City's most income-vulnerable population. Charleston District Center. Through a year’s long planning effort, the City and stakeholders of Charleston coordinated to identify community goals and potential strategies to achieve them. Community engagement began in September of 2019, and has included a walking tour, community meetings, and advisory committee feedback. The community interaction for the betterment of Charleston has also lead to the formation of the Charleston Business District, members of which continue to strategize on behalf of the area. The resulting document from this collaboration was the Charleston Area-wide Planning Study or CAPS (image). The community vision statement of the CAPS invites you to, “Rediscover Charleston as a distinctively creative historic district that celebrates its eclectic, imaginative, and ⚫ Page 3 artisan character through capital investments, local traditions, diverse tenants, and quality housing.” As seen in Exhibit C, the proposed Comprehensive Plan amendments incorporate this statement from the community, and also identifies the potential capital investments and regulatory adjustments identified in the CAPS as needed to reinvigorate the area. In order to incorporate these views into the Comprehensive Plan, proposed amendments are as follows: • In the Charleston District Center, provide additional flexibility for temporary uses, parking standards for infill projects, and allowed uses for light industrial and live/work occupancy types in select areas. • In the Charleston District Center, consider potential private and public investments in improved streetscapes, recreational opportunities, and open space as identified in the Charleston Area-wide Planning Study. Zoning Code Amendments. The planned zoning code modifications are intended to support the framework created by the proposed Comprehensive Plan amendments. Capital investments are not within the purview of the zoning code, so these amendments are limited to temporary uses, parking standards for infill projects, and light industrial uses, as identified by the CAPS. The following is a synopsis of proposed changes, please see Ordinance 2222 for the entire proposal: • Temporary Uses. There are a number of reasons to consider temporary uses: the high cost associated with creating a brick- and-mortar establishment, businesses that are seasonal in nature, individuals seeking an alternative work schedule, and others. To address this issue, and bring needed business opportunities to Charleston, Mobile Vending Units (MVUs) are proposed. A Mobile Vending Unit is defined as any motorized or non-motorized vehicle, trailer, or other device located on private property, designed to be portable and not permanently attached to the ground from which food or other retail items are vended, served, or offered for sale. To ensure a positive impact on Charleston, all MVUs are proposed to be removed from the site at the end of each day, will be responsible for all onsite debris and sanitation, and are prohibited from creating negative environmental imp acts (smoke, glare, excessive noise, etc.) on neighboring properties. MVUs would be required to complete a Conditional Use Permit, which involves community input from neighboring properties on any individual proposal. • Infill Parking Standards. A distinct problem faced by property owners in Charleston is the lack of parking on individual parcels. It is not unusual for a building to take up nearly 100% of a lot, leaving no room to add parking. Redeveloping these properties can also be daunting, as many are as narrow as 30 feet which makes adding any substantial amount of structured parking difficult even for a completely cleared site. ⚫ Page 4 For this reason, and to encourage investment in this District Center, proposed zoning code amendments would exempt properties within Charleston from providing additional parking for existing structures in the following scenarios 1) when adding 10 dwelling units or less, and/or 2) when expanding the gross square footage of a nonresidential structure up to 25%. • Light Industrial Uses. Today, in the northwestern portion of Charleston, there exists many structures that were built to house light industrial uses. Light industrial uses are defined as having little or no potential of creating negative environmental impacts (noise, smoke, dust, vibration, etc.) on neighboring properties. However, as this area transitioned to a Land Use Center emphasizing pedestrian oriented uses, light industrial uses were then prohibited by the zoning code. In order to provide increased economic vitality in Charleston, light industrial uses are proposed in select areas of the Charleston when a Conditional Use Permit be completed. Limiting the geography of this proposed revision will both provide relief from current regulatory criteria and also ensure that the remainder of the Charleston District Center continues to develop pedestrian oriented uses and increased housing densities. 1 2021 Comprehensive Plan Amendment Docket: Comprehensive Plan Amendments ORDINANCE NO. _____ AN ORDINANCE of the City Council of the City of Bremerton, Washington, for the 2021 Comprehensive Plan docket to amend the Comprehensive Plan to add housing displacement policies, and to revise the Charleston District Center for consistency with the Charleston Area-wide Planning Study. WHEREAS, the City of Bremerton adopted a Comprehensive Plan on May 18, 2016, by Ordinance No. 5299, hereinafter referred to as the “Comprehensive Plan;” and WHEREAS, the Washington State Growth Management Act ("GMA") requires internal consistency among comprehensive plan elements and applicable regional plans; and WHEREAS, to assure that comprehensive plans remain relevant and up to date, the GMA requires each jurisdiction to establish procedures whereby amendments to the plan are considered by the City Council (RCW 36.70A.130(2)), and limits these amendments to once each year unless an emergency exists; and WHEREAS, the City of Bremerton has established a procedure for amending the Comprehensive Plan in Title 20.10.010 of the Bremerton Municipal Code (“BMC”), that limits amendments to the Comprehensive Plan to no more than once each year; and WHEREAS, the zoning code must be consistent with the Comprehensive Plan, therefore the City Council will be considering a subsequent ordinance to amend the zoning code to maintain consistency with these 2021 Comprehensive Plan amendments; and WHEREAS, the Planning Commission held a workshop on the 2021 Comprehensive Plan amendments and associated Zoning Code changes proposal on March 15, 2021 which throughout the processes the Commission received written comments and various verbal testimonies; and WHEREAS, on July 9, 2021, the public was notified by a legal advertisement in the Kitsap Sun of the opportunity to make comment and participate in the public hearing by the Planning Commission; and WHEREAS, on July 13, 2021, the Washington State Department of Commerce was notified of the City’s Comprehensive Plan Amendment docket for 2021; and WHEREAS, on July 13, 2021, a SEPA Determination of Nonsignificance was issued for amendment docket items with a 14-day comment period; and WHEREAS, on July 19, 2021, the Planning Commission conducted a public hearing on the 2021 Comprehensive Plan Amendment Docket, and the Planning Commission 2 2021 Comprehensive Plan Amendment Docket: Comprehensive Plan Amendments recommended the City Council make recommendations on the amendments as presented; and WHEREAS, on October 6, 2021, the public was notified by a legal advertisement in the Kitsap Sun of the opportunity to make comment and participate in the public hearing by the City Council; and WHEREAS, on October 20, 2021 the City Council conducted a public hearing and considered all testimony prior to their decision; and WHEREAS, the proposal meets requirements of the GMA; and WHEREAS, the proposal is consistent with Kitsap County Countywide Planning Policies (“KCCPP”); NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Findings and Recitals Incorporated. The findings and recitals set forth above are hereby incorporated by reference. SECTION 2. The findings and conclusions adopted by the Planning Commission on July 19, 2021 and attached hereto as Exhibit A are adopted and incorporated as if set forth fully herein. SECTION 3. The City of Bremerton Comprehensive Plan is hereby amended by approving and adopting docket items listed in this section as follows: Amendment #1.1 Modify policies for the Charleston District Center. Revise the District Center Designation within the Comprehensive Plan’s Land Use Element (page LU-19 and LU-20) for consistency with the Charleston Areawide Planning Study, more particularly described in Exhibit C affixed hereto. Amendment #1.2 Establish Housing Displacement Policy. Revise the Implementing Policies section within the Comprehensive Plan’s Housing Element (page H-9) to mitigate displacement of extremely-low and low income resident's housing when new development occurs on sites that have existing units, more particularly described in Exhibit B affixed hereto. SECTION 4. Corrections. The City Clerk and codifiers of this corrections to this ordinance including, but not limited to, the correction of scrivener, clerical, typographical, and spelling errors, references, ordinance numbering, section/subsection numbers and any references thereto. SECTION 5. Severability. If any provision of this ordinance is held invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remainder of this ordinance. Provided however, that if any provision of 3 2021 Comprehensive Plan Amendment Docket: Comprehensive Plan Amendments this ordinance is held invalid or unconstitutional, then the provision in effect prior to the effective date of this ordinance shall be in full force and effect for that individual provision as if this ordinance had never been adopted. SECTION 5. Effective Date. This Ordinance shall take effect and be in force ten (10) days from and after its passage, approval, and publication as provided by law. PASSED by the City Council the___________ day of ____________________, 2021. KEVIN GORMAN, Council President Approved this ___________ day of ____________________, 2021. GREG WHEELER, Mayor ATTEST: APPROVED AS TO FORM: ANGELA HOOVER, City Clerk KYLIE FINNELL, City Attorney PUBLISHED the ________ day of ______________________, 2021. EFFECTIVE the _________day of ______________________, 2021. ORDINANCE NO. ______ FINDINGS AND CONCLUSIONS OF THE CITY OF BREMERTON PLANNING COMMISSION 2021 Annual Comprehensive Plan Amendments and associated Zoning Code changes I. FINDINGS OF FACT 1. Project Description: Comprehensive Plan Annual Docket for 2021. The City adopted an updated Comprehensive Plan in June 2016. Comprehensive Plan amendments are processed on an annual cycle to allow for changes to the Plan that reflect conditions that may not have been addressed prior or since the Plan’s adoption. Amendments to the City’s Comprehensive Plan and Zoning Code are regulated by BMC 20.10: Comprehensive Plan Amendments and 20.18: Text Amendments. The Planning Commission is considering city-initiated proposals for the 2021 docket. The amendments can be summarized as: 1) adding policies for housing displacement of extremely-low and low-income residents from new individual developments, and 2) implementation of significant findings of the Charleston Area-wide Planning Study including: community vision, temporary uses, parking flexibility, light industrial uses, and potential improvements to streetscapes and open space areas. 2. Procedural History: 2.1 The Bremerton Municipal Code allows applications for Comprehensive Plan Amendments annually between August 1 and November 15th. 2.2 On March 15, 2021 the Planning Commission held an informal public workshop to introduce the 2021 Annual Comprehensive Plan Amendment Docket. 2.3 On April 22, 2021 a Charleston Outreach Workshop was held. 2.4 On July 13, 2021 staff notified the Washington State Department of Commerce the intent to adopt an amendment to the Comprehensive Plan. 2.5 On July 13, 2021 staff published the SEPA Determination of Non-significance in the Kitsap Sun and sent out notice to agencies, jurisdictions, and interested parties. 2.6 On July 9, 2021 a notice of Planning Commission public hearing was published in the Kitsap Sun and the public was invited to comment. 2.7 On July 19, 2021 Planning Commission conducted a public hearing on the 2021 Comprehensive Plan docket and associated Zoning Code changes. 2.8 Within that September Public Hearing the Planning Commission recommended the proposed amendments to Council for their consideration. EXHIBIT A 3. Public Comment: 3.1 One individual provided verbal testimony at Planning Commission’s March 15th Workshop: · Edward Coviello, Kitsap Transit: Provided update on Kitsap Transit recent purchase of the Gateway Shopping Center. Believes that the Charleston Area- wide Plan provides a lot of flexibility that will attract further investment. 3.2 At the April 22, 2021 Charleston Outreach Workshop, 33 persons attended and participated in discussion about the future of Charleston. 3.3 Individuals providing verbal testimony at Planning Commission’s Public Hearing testimony: a. __________________________ b. __________________________ c. __________________________ d. __________________________ e. __________________________ 4. SEPA Determination: 4.1 A Determination of Non-Significance was issued on July 13, 2021, with a comment deadline of July 27. No appeals have been filed. 5. Consistency: Amendments to the Comprehensive Plan shall meet the decision criteria outlined in BMC 20.10.080. The Planning Commission may recommend, and the City Council may adopt or adopt with modifications, amendments to the comprehensive plan if the criteria outlined below are met. 5.2 BMC 20.10.080(a) technical error. This criterion allows amendments to the Comprehensive Plan if there is an obvious technical error in the pertinent comprehensive plan provisions. This criterion is not applicable to the current proposals. 5.3 BMC 20.10.080(b)(1) the amendment is consistent with the Growth Management Act. The amendments have been evaluated with the goals and policies of the Growth Management Act (GMA) and has been found to be consistent with the Act. The GMA requires that development is encouraged in urban areas where services already exist. Increasing the residential density helps to further that goal. The amendment has also been formulated to be consistent with the City’s Comprehensive Plan, which was created to achieve the goals of the GMA. 5.4 BMC 20.10.080(b)(2) the amendment is consistent with the comprehensive plan or other goals or policies of the City. The amendment continues to uphold the objectives, goals and policies of the Comprehensive Plan such as: EXHIBIT A o Land Use Goal LU1: Plan for Bremerton’s population and employment growth. o Policy LU1(B): Coordinate Bremerton’s growth consistent with the Kitsap Countywide Planning Policies and the Puget Sound Regional Council’s Vision 2040, and state requirements. o Policy LU1-DC(A): Encourage increased density that uses clustering by offering development incentives and zoning flexibility. o Land Use Goal LU2: Encourage economic development within the City. o Policy LU2-Cen(C): Provide incentives and flexibility that encourage development in Centers, including alternative parking options like payment in lieu of parking spaces. o Policy LU4(C): Provide land use regulations that give opportunities for the community to have fair access to livelihood, education, and resources. o Policy LU4(D): On an annual basis review and provide amendments, if necessary, to the goals and policies and the Land Use Map to address changing circumstances and/or emergencies. o Housing Vision: To encourage the growth of Bremerton by strategically locating a wide variety of housing types throughout the City in a way that protects the environment and fosters community health. o Housing Goal H3: Support access to quality and affordable housing for all Bremerton residents. o Policy H3(A): Provide opportunities for the production of new housing for all incomes, ages, and family types through infill by stimulating growth of non- traditional housing types such as townhomes, carriage units, accessory dwelling units, and duplexes in locations where they will seamlessly infill into the fabric of the existing neighborhoods. o Policy H3(E): Eliminate unnecessary regulatory impediments to the development of affordable housing. The proposed Amendments are also consistent with additional goals the City will be considering. The Kitsap County Coordinating Council is updating Countywide Planning Policies to adopt displacement strategies; please see proposed language below: Element F. Contiguous, Compatible, and Orderly Development (D). D-6 Displacement: As the region continues to grow, population and employment growth is focused within our urban areas. As redevelopment takes place, however, there is a potential for physical, economic, and cultural displacement of low- income households that may result from planning, public investments, private redevelopment, and market pressures. As important planning, transportation, and redevelopment takes place: c. Consider developing coordinated strategies and interjurisdictional processes between the County and cities to mitigate the impacts of displacement. d. Consider implementing flexible strategies that will encourage development of a range of affordable housing, both public and private. 5.5 BMC 20.10.080(b)(3) if the amendment was reviewed but not adopted as part of a previous proposal, circumstances related to the proposed EXHIBIT A amendment have significantly changed, or the needs of the City have changed, which support an amendment. The proposed amendment is not part of a previous proposals. 5.6 BMC 20.10.080(b)(4) The amendment is compatible with existing or planned land uses and the surrounding development pattern. The amendment is compatible with existing land uses and the surrounding development pattern. Generally, the proposed amendments are concerned with temporary uses, utilization or small expansions of existing structures, and retention of existing populations. 5.7 BMC 20.10.080(b)(5) The amendment will not adversely affect the City’s ability to provide urban services at the planned level of service and bears a reasonable relationship to benefitting the public health, safety and welfare. The amendment will not affect the City’s ability to provide urban services, though it will benefit the public health. All areas effected by the current proposal are already provided urban utility services. 5.8 Consistency with the Zoning Code Amendments to the Zoning Code Shall meet the criteria in BMC 20.18.020 and specifically subsection (d) and (e) that states that a text amendment may be approved if it is found that it is consistent with the goals and policies of the Comprehensive Plan and it does not conflict with other City, state and federal codes, regulations and ordinances. In addition, it states that, if a Comprehensive Plan amendment is occurring, approval of the Comprehensive Plan amendment is required prior to or concurrently with the granting of the text amendment. The Planning Commission also reviewed proposed Zoning Code text amendments concurrently with the Comprehensive Plan amendments to ensure that they do not conflict with other City, state and federal codes, regulations and/or ordinances. II. CONCLUSIONS & RECOMMENDATION Based on the findings above, the Planning Commission concludes that the 2021 Comprehensive Plan Amendment Docket, and its associated Zoning Code amendments, have met the requirements in Bremerton Municipal Code, and therefore recommends approval by the City Council. Respectfully submitted by: Approved by: _____________________________________ ________________________________ Andrea L. Spencer, Executive Secretary Nick Wofford, Chair EXHIBIT A City of Bremerton Comprehensive Plan H-8 Housing Element Element 3 Housing Vision, Goals & Policies H2(E): Support efforts to provide for a variety of housing options such as: • Emergency group housing, homeless shelters and short term housing to meet the needs of those in the lower income categories. • Promote housing for the special needs of students, particularly in the vicinity of Olympic College. Encourage apartments and dormitories in locations that directly service the college. • Plan for and support episodic surges and reductions in military personnel. Provide opportunities to allow for different housing densities to accommodate the diverse needs of military personnel. • Respond to the special needs of the growing elderly population within the City. Encourage a full range of housing options including retirement housing complexes in all residential zones particularly in areas with direct proximity to services and amenities. Encourage programs which allow elderly to remain in their homes as long as possible. • Provide for integration of special needs housing within the community by allowing for government-assisted housing, housing for low-income families, manufactured housing, group homes, and foster care facilities. • Encourage construction to meet and exceed ADA standards whenever possible. H2(F): Promote a sense of community, or gathering places, within new neighborhoods by creating spaces where residents can interact. H2(G): Partner with Community Development Block Grant and other applicable programs and funding sources to encourage removal or abatement of blighting influences in and around residential areas. Goal H3: Support access to quality and affordable housing for all Bremerton residents. Implementing Policies for Goal H3: H3(A): Provide opportunities for the production of new housing for all incomes, ages, and family types through infill by stimulating growth of non-traditional housing types such as townhomes, carriage units, accessory dwelling units, and duplexes in locations where they will seamlessly infill into the fabric of the existing neighborhoods. H3(B): Disperse below market rate, publicly assisted, affordable, and rental housing throughout the City in a way that accommodates Bremerton’s fair share of the Countywide need. Disperse such housing throughout the City to avoid concentrations in any particular area and encouraging development close to employment and public transportation. H3(C): Support increased densities and infill projects and the use of Low Impact Development (LID) techniques and Best Management Practices (BMPs) in order to capitalize on the cost efficiency of utilization of existing utility services. Additionally, encourage maintenance of City services such as sidewalks, bike lanes, parks, and utilities in order to enhance the overall affordability and health of the community. EXHIBIT B City of Bremerton Comprehensive Plan H-9 Housing Element Element 3 Housing Vision, Goals & Policies H3(D): Encourage expanded availability of incentives for development within the City such as the Multifamily Tax Exemption, Community Empowerment Zone, Historically Underutilized Business zone, etc. H3(E): Eliminate unnecessary regulatory impediments to the development of affordable housing. H3(F): The City shall implement measures to mitigate displacement of extremely-low and low income resident's housing when new development occurs on sites that have existing units that house the City's most income-vulnerable population. Goal H4: Implement and coordinate strategies that promote public and private efforts to facilitate improvements to the housing stock. Implementing Policies for Goal H4: H4(A): Promote private and public efforts to provide adequate capital for rehabilitation of housing projects; such efforts should include commitments to remove or abate blighting influences near or within residential areas. H4(B): Promote financial assistance for low and moderate incomes that assist in essential repairs to substandard structures. Support private sector low interest loan programs for such repairs, combined with public resources when available. H4(C): Target and enhance the use of tax incentives to improve affordable housing throughout the City, and particularly in Centers where housing is intended to be in close proximity to public transportation and employment. H4(D): Encourage efficient permit review by eliminating unnecessary regulatory impediments, improving certainty in development regulations, and provide an expedited permit process. H4(E): Aim to improve coordinated, effective planning programs that improve access to affordable housing. Specifically promote intergovernmental cooperation and agreements that support strategies and programs to achieve City housing goals. H4(F): Promote increased housing density to provide a broader customer base for more affordable public services including utilities. EXHIBIT B City of Bremerton Comprehensive Plan LU-19 Land Use Element Element 2 Land Use Designation: District Center DC (District Center) Intent This center is intended to provide a mixed-use “Town Center” to support the surrounding neighborhoods and general public. Character & Location For specific character description and location, please see following pages. Land Uses Mixed-use, Commercial and Residential Intensity • 30 units per acre • Six to eight stories, with consideration for lower building heights to transition to Low Density Residential District Center Specific Policies: LU1: Plan for Growth LU1-DC(A): Encourage increased density that uses clustering by offering development incentives and zoning flexibility. LU1-DC(B): Encourage the implementation of design elements for new development and redevelopment that complement the designated purpose and scale of the Center and surrounding neighborhoods. Buildings should be designed to accommodate a human scale and urban livability. LU1-DC(C): Building facades shall utilize architectural features that provide for horizontal and vertical modulation. LU1-DC(D): Encourage the use of Low Impact Development (LID) techniques and Best Management Practices (BMPs). LU2: Encourage Economic Development LU2-DC(A): Encourage commercial, mixed-use and higher density residential development within district centers. LU2-DC(B): Promote commercial infill of higher densities into district centers. LU2-DC(C): Encourage adaptive reuse and preservation of existing commercial buildings that are compatible with surrounding community. LU2-DC(D): In the Charleston District Center, provide additional flexibility for temporary uses, parking standards for infill projects, and allowed uses for light industrial and live/work occupancy types in select areas. EXHIBIT C City of Bremerton Comprehensive Plan LU-20 Land Use Element Element 2 Land Use Designation: District Center LU2-DC(E): In the Charleston District Center, consider potential private and public investments in improved streetscapes, recreational opportunities, and open space as identified in the Charleston Area- wide Planning Study. LU3: Protect the Natural Environment LU3-DC(A): Encourage compact urban environments in district centers which have existing high-intensity infrastructure and contain very few environmental sensitive areas, therefore preserving other areas in the city for open space and less intensive uses. District Center Character & Location Charleston District Center Character: This Center designation seeks to encourage redevelopment of a historic business district that has long been considered as Bremerton’s second downtown with many different international appeals. Rediscover Charleston as a distinctively creative historic district that celebrates its eclectic, imaginative, and artisan character through capital investments, local traditions, diverse tenants, and quality housing. The existing developments provide a variety of services for adjacent residential areas and are part of a pedestrian-oriented streetscape with potential for stories to be added above active street-level uses. The Center designation seeks to build on this existing nucleus. Areas on the surrounding blocks will be designated for mixed-use or fairly dense residential structures. Emphasis in the Charleston District Center should be on preserving the stores fronting on the streets, better utilization of existing second floor spaces, and the addition of new residential uses in the immediate vicinity. EXHIBIT C City of Bremerton Comprehensive Plan LU-21 Land Use Element Element 2 Land Use Designation: District Center Wheaton/Sheridan District Center Character: This center is anticipated to become an urban village will provide residential opportunities along a major transit route, close to downtown, and within easy pedestrian reach of a large variety of employment and shopping sites. Recognizing the surrounding neighborhood significance, existing commercial development, and the redevelopment of the Bremerton School site, there is still opportunity to serve mixed uses in a pedestrian-based urban village atmosphere. Residential units will benefit from an orientation towards the interior and green spaces. Commercial uses, mostly expected along an interior network of streets, can accommodate parking areas that do not disrupt the pedestrian design of the Center Core. Wheaton/Riddell District Center Character: This center will serve a regional population, some of whom must access the center by car. Higher levels of parking are retained here than in other centers. Parking is generally placed behind street-fronting buildings or moved to areas near the perimeter of the center. Careful attention is necessary in the planning and design of this center to create a pedestrian friendly environment while still accommodating a certain level of regional, auto-dependent uses. Development of the center will also need to take into consideration the fact that the area is already developed and will need to infill over a long period of time and several phases before the overall center is realized. EXHIBIT C 1 Zoning Code Amendments for the 2021 Comprehensive Plan Amendment Docket ORDINANCE NO. _____ AN ORDINANCE of the City Council of the City of Bremerton, Washington, for the 2021 Comprehensive Plan Amendment docket to amend the Zoning code for consistency with the Charleston Area-wide Planning Study in the District Center Core zone. WHEREAS, the City of Bremerton adopted a Comprehensive Plan on May 18, 2016, by Ordinance No. 5299, hereinafter referred to as the “Comprehensive Plan;” and WHEREAS, the Washington State Growth Management Act ("GMA") requires internal consistency among comprehensive plan elements and applicable regional plans; and WHEREAS, the City of Bremerton adopted a Zoning Code on May 18, 2016, by Ordinance No. 5301 hereinafter referred to as the “Zoning Code;” and WHEREAS, the City of Bremerton has established a procedure and criteria for approval for amending City proposed text amendments in the Zoning Code in Title 20.18 of the BMC. This procedure supports Comprehensive Plan and Zoning Code amendments to be processed concurrently; and WHEREAS, the Planning Commission conducted a workshop on the 2021 Comprehensive Plan amendments and associated Zoning Code changes proposal on March 15, 2021; and WHEREAS, on July 9, 2021, the public was notified by a legal advertisement in the Kitsap Sun of the opportunity to make comment and participate in the public hearing by the Planning Commission; and WHEREAS, on July 13, 2021, the Washington State Department of Commerce was notified of the City’s Comprehensive Plan Amendment docket for 2021; and WHEREAS, on July 13, 2021, a SEPA Determination of Nonsignificance was issued for amendment docket items with a 14-day comment period; and WHEREAS, on July 19, 2021, the Planning Commission conducted a public hearing on the 2021 Comprehensive Plan Amendment Docket, and the Planning Commission recommended the City Council adopt amendments as presented here in this ordinance; and WHEREAS, on October 6, 2021, the public was notified by a legal advertisement in the Kitsap Sun of the opportunity to make comment and participate in the public hearing by the City Council; and WHEREAS, on October 20, 2021 the City Council conducted a public hearing and considered all testimony prior to their decision; and 2 Zoning Code Amendments for the 2021 Comprehensive Plan Amendment Docket WHEREAS, on the October 20, 2021 the City Council adopted Ordinance No. _____ which amended the City’s Comprehensive Plan and those amendments require Zoning Code text change; and WHEREAS, the proposal meets requirements of the GMA; and WHEREAS, the proposal is consistent with Kitsap County Countywide Planning Policies (“KCCPP”); NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Findings and Recitals Incorporated. The findings and recitals set forth above are hereby incorporated by reference. SECTION 2. Section 20.70.040 of the Bremerton Municipal Code entitled “Conditional Uses” is hereby added to read as follows: 20.70.040 CONDITIONAL USES. The following Conditional Uses may be permitted in the Charleston District Center, provided a conditional use permit is approved pursuant to BMC 20.58.020 subject to the corresponding conditions: (a) Mobile Vending Unit. provided: (1) A Mobile Vending Unit is defined as any motorized or non-motorized vehicle, trailer, or other device located on private property, designed to be portable and not permanently attached to the ground from which food or other retail items are vended, served, or offered for sale. (2) No smoke, obnoxious odors, dust, light or glare, vibration, noise exceeding levels permissible per BMC 6.32, or other environmental impacts or pollution shall be detectable off site. (3) Weekdays between the hours of 10PM and 7AM all equipment, merchandise, food-trucks, and other materials associated with the use shall be removed from the site. Alternative proposals for leaving Mobile Vending Units over-night may be considered by the Director only in cases where Mobile Vending Units are completely self-contained, secured, and do not require disassembly for transport to another location. (4) Mobile Vending Units are responsible for the proper disposal of waste and trash associated with the operation. At a minimum, Mobile Vending Units shall remove all generated waste and trash from their approved location at the end of each day, or as needed to maintain the public health and safety. No liquid waste or grease is to be disposed of in tree pits, storm drains, sanitary sewers, onto the sidewalks, streets or other public or private space. A written waste management plan indicating plans for waste handling, sanitation, litter collection/prevention, recycling, and daily cleanup procedures shall be submitted with the use permit application. 3 Zoning Code Amendments for the 2021 Comprehensive Plan Amendment Docket (5) Minimum number of parking stalls per BMC 20.48.080(l) shall be waived. Any parking provided onsite shall conform to BMC 20.48, except that Mobile Vending Units may request alternate site design proposals if accepted by the City. (6) The Director may modify or waive design criteria per BMC 20.70.070 and landscaping criteria per BMC 20.70.090. (7) Conditions of Approval. Conditions such as site orientation, fencing, buffering, parking location, lighting, access, hours of operation, and others may be imposed as a condition of approval if it is found they are necessary to mitigate identifiable adverse impacts and ensure compatibility with nearby uses. (8) Application Requirements. An application shall include all components listed per BMC 20.58.080(e). The Director may modify these requirements based on the size, scope and complexity of the project. (b) Light Industrial Uses, provided: (1) Conditional Use eligibility is limited to existing properties fronting Cambrian Avenue, Mead Avenue, and Wycoff Avenue; any property south of 6th Street shall not be eligible. (2) No smoke, dust, light or glare, vibration, noise exceeding levels permissible per BMC 6.32, or other environmental impacts or pollution shall be detectable off site. (3) Indoor storage shall only be permitted as an accessory use utilized solely by the permitted onsite use. No commercial storage shall be permitted. (4) Outdoor storage is prohibited. (5) Marijuana production and/or processing is prohibited. (6) Light Industrial Uses, which include residential uses as an accessory use, shall be excluded from mixed-use requirements per BMC 20.70.060(h). SECTION 3. Section 20.70.080 of the Bremerton Municipal Code entitled “Parking Requirements” is hereby amended to read as follows: 20.70.080 PARKING REQUIREMENTS. Parking shall meet the standards of Chapter 20.48 BMC and the following requirements. For legally established existing buildings that comply with BMC 20.48.020(b) the parking will be exempt from the following requirements: (a) For nonresidential uses, the minimum parking requirement is one (1) space per employee. (b) On-site parking for nonresidential uses shall not exceed four (4) spaces per one thousand (1,000) square feet of floor area. (c) On-site parking shall be to the rear or side of buildings and shall not occupy more than fifty (50) percent of the site frontage facing the arterial street(s). The site frontage includes the area between the right-of-way and front building wall which applies to the entire length of the property regardless of building width. Corner lots have two (2) site frontages as they are positioned on two (2) street frontages. (d) All efforts shall be taken to avoid placing parking on street corners. Parking located between the building frontage and street corners shall be fully screened as follows: (1) A four (4) foot tall decorative wall within the front yard landscaping area that fully screens the parking areas. The wall shall be located such that it blocks views of the 4 Zoning Code Amendments for the 2021 Comprehensive Plan Amendment Docket parking from the right-of-way. For long spans of frontage (one hundred (100) feet or more), the wall shall include modular articulation to add architectural variety. (i) Alternate architectural features, shrubs may be substituted for the wall, provided it is demonstrated that the shrubs/alternative will provide equal to or better visual screening than the wall. Shrubs shall be a minimum of three (3) feet tall at time of installation and shall be additional to the landscaping required in Chapter 20.50 BMC. (ii) Openings and architectural features may be required within a wall section in order to tie the wall feature into the architecture of the building and to provide pedestrian access. The entry shall be the minimum necessary to accommodate a sidewalk that is a minimum of five (5) feet in width, clearly marked, and distinguished from driving surfaces by using decorative paving, stamped/stained concrete, or raised walkways with alternative materials (such as brick, cobblestone, decorative pavers). Paint striping does not meet this requirement. (e) Access to parking shall be provided per the following priority: (1) First, from an alley if available; if an alley is not available, then from local street; (2) If neither is available, then from a nonprincipal arterial street; (3) If none of the above are available then from a principal arterial street. (f) Driveways providing access to parking shall be well marked. (g) Existing nonresidential structures adding no more than ten (10) residential units, and/or existing nonresidential structures expanding up to twenty-five (25) percent of the gross square footage of the building for any permitted use, shall be exempt from providing additional off-street parking, and exempt from substantial destruction requirements per BMC 20.54.070, provided: (1) Projects shall be located within the Charleston District Center; (2) Mixed-use requirements per BMC 20.70.060(h) are maintained; (3) No existing onsite parking or required landscaping is removed; SECTION 4. Corrections. The City Clerk and codifiers of this ordinance are authorized to make necessary corrections to this ordinance, including but not limited to, the correction of scrivener, clerical, typographical, and spelling errors, references, ordinance numbering, section/subsection numbers and any references thereto SECTION 5. Severability. If any provision of this ordinance is held invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remainder of this ordinance. Provided however, that if any provision of this ordinance is held invalid or unconstitutional, then the provision in effect prior to the effective date of this ordinance shall be in full force and effect for that individual provision as if this ordinance had never been adopted. SECTION 6. Effective Date. This Ordinance shall take effect and be in force ten (10) days from and after its passage, approval, and publication as provided by law. PASSED by the City Council the___________ day of ____________________, 2021. 5 Zoning Code Amendments for the 2021 Comprehensive Plan Amendment Docket KEVIN GORMAN, Council President Approved this ___________ day of ____________________, 2021. GREG WHEELER, Mayor ATTEST: APPROVED AS TO FORM: ANGELA HOOVER, City Clerk KYLIE FINNELL, City Attorney PUBLISHED the ________ day of ______________________, 2021. EFFECTIVE the _________day of ______________________, 2021. ORDINANCE NO. ______ AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: October 13, 2021 Change Order No. 14 with Active Construction, Inc. for Kitsap Lake Elementary Safe Routes to School Project; and related Budget Adjustment COUNCIL MEETING Date: October 20, 2021 Department: PW & Utilities Presenter: Andrea Archer Parsons Phone: (360) 473-2317 SUMMARY: In May 2020, the City awarded a contract to Active Construction, Inc. for the construction of the Kitsap Lake Elementary School Safe Routes to School Project in the amount of $2,284,284.00. One supplemental agreement, Change Order No. 08, was executed in the amount of $112,237.47 to address roadway deficiencies and rutting prior to paving Harlow, Francis and Lake Drives. Change Order No. 08 increased the contract value to $2,396,521.47. The proposed Change Order No. 14 amount is $159,390.69 and addresses overages in material quantities, several minor field changes that addressed property owner complaints and construction issues and delay costs for Puget Sound Energy’s utility relocation work. Change Order No. 14 increases the contract cost to $2,555,912.16 and adds 30 working days to the contract. ATTACHMENTS: 1) Change Order No. 14; 2) Fiscal Summary FISCAL IMPACTS (Include Budgeted Amount): The 2021 project costs are estimated at $580,000. The project is budgeted in the 2021 Transportation Capital Fund for $100,000. To fund the cost difference, staff proposes to reallocate $120,000 from REET, reallocate $120,000 from Stormwater Utility Tax and a budget adjustment of $240,000 from Residential Street Fund. The Stormwater Utility Tax and REET funding are already in the Transportation Capital Fund, so a transfer from Residential Streets is the only amount required to be adjusted. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve Change Order No. 14 with ACI, Inc. in the amount of $159,390.69; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented; and to approve a budget adjustment to the Transportation Capital Fund in the amount of $240,000 from existing Residential Street Fund reserves. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 A8 2021 Kitsap Lake Elementary Safe Routes to School Project Fiscal Summary October 2021 FISCAL SUMMARY 2021 Kitsap Lake Elementary Safe Routes to School Project The Kitsap Lake Safe Routes to School Project is in the 2021 Capital Improvement Plan for $100,000. The total estimated cost to complete the project was updated to include the final quantity overruns, construction changes, PSE utility relocation delay costs, and staff costs and is now estimated at $580,000. The additional funding sources are proposed as follows: Fund Source 2021 CIP Current Amount ($) Increase ($) Revised Amount ($) REET** $100,000 $120,000 $220,000 SW Utility Tax** $0 $120,000 $120,000 Residential Street Fund* $0 $240,000 $240,000 Total $100,000 $480,000 $580,000 * Budget adjustment proposed to move residential street funding into Transportation Capital Fund. ** Reallocated from the E11th and Perry Avenue Reconstruction Project. The REET and SW Utility Tax reallocation is from E11th Street and Perry Avenue Reconstruction project, which was originally scheduled for construction in 2021, but is now scheduled for construction in 2022. The funding is proposed to be reallocated in the 2022 Budget. AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: October 13, 2021 Purchase of 2022 International Navistar HV Cab and Chassis from RWC Group, Ltd. COUNCIL MEETING Date: October 20, 2021 Department: PW&U Presenter: Chris Mottner Phone: (360) 473-2316 SUMMARY: The approved 2021 budget for ERR included the replacement of Vehicle #0077, a 2001 International 2674, which is a Special Use Biosolids Spreader Vehicle. The Department has selected for replacement a 2022 International Navistar HV Cab & Chassis, which is the Fleet Standard brand, per the quote from RWC Group, LTD. of Tacoma, Washington in the amount of $136,308.52 including WA State Sales Tax. Staff will be utilizing the Washington State Procurement Contract #01513 for this purchase. This is the first phase in delivering the operational bio-solids spreader vehicle and after this purchase, the cab & chassis will be fitted with a specialty fabricated body with spreader equipment, which will be presented to Council as a separate item. The existing Biosolids Spreader Vehicle #0077 will be kept as a spare/back up to the new vehicle, to cover application operations during peek demands and new vehicle maintenance services. ATTACHMENTS: 1) Quote from RWC Group, LTD. of Tacoma, WA; 2) Washington State Contract #01513 order spreadsheet with options; 3) Equipment Justification Memo for Vehicle #0077; 4) Image of vehicle FISCAL IMPACTS (Include Budgeted Amount): $501,172.00 budgeted within the 510 Fund. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the purchase of a 2022 International Navistar HV Cab & Chassis in the amount of $136,308.52 including WA State Sales Tax; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 A9 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: October 13, 2021 Purchase of a Stainless-Steel Dump Body, Biosolids Spreader attachments and other associated equipment from the Fab Shop COUNCIL MEETING Date: October 20, 2021 Department: PW&U Presenter: Chris Mottner Phone: (360) 473-2316 SUMMARY: The approved 2021 budget for ERR included the replacement of Vehicle #0077, a 2001 International 2674, which is a Special Use Biosolids Spreader Vehicle. The Department has selected for the Dump Body replacement a stainless-steel specially designed and fabricated unit with associated equipment, per the quote from the Fab Shop, of Edgewood, Washington in the amount of $313,974.10 including WA State Sales Tax. Staff will be utilizing the Washington State Procurement Contract #01117 for this purchase. This is the final phase in delivering the operational Biosolids Spreader Vehicle. Vehicle #0077 will be kept as a spare/back-up to the new vehicle, to cover application operations during peak demands and new vehicle maintenance services. ATTACHMENTS: 1) Quote from The Fab Shop, of Edgewood, WA; 2) Washington State Contract #01117 for Dump Bodies, Controls and Services; 3) Equipment Justification Memo for Vehicle #0077; 4) Image of vehicle FISCAL IMPACTS (Include Budgeted Amount): $501,172.00 budgeted within the 510 Fund. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the purchase of the specialty fabrication of a stainless-steel Dump Body, Biosolids Spreader attachments and other associated equipment in the amount of $313,974.10 including WA State Sales Tax; 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 A10 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: October 13, 2021 Public Works Agreement with Stripe-Rite, Inc. for the 2021 Pavement Marking Project COUNCIL MEETING Date: October 20, 2021 Department: Engineering Presenter: Shane Weber Phone: (360) 473-2354 SUMMARY: The City bid the project using the MRSC Small Publics Works Roster, opening bids on September 15, 2021 and two bids were received. Stripe-Rite Inc., is the lowest, responsive responsible bidder with their bid of $ 221,852.50, including sales tax. The project maintains pavement markings, including long line markings, raised pavement markings, and plastic markings on several streets Citywide. ATTACHMENTS: 1) Public Works Agreement, 2) Bid Tabulation; 3) Project Location Maps FISCAL IMPACTS (Include Budgeted Amount): The project is budgeted in the Transportation Capital Fund. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the Public Works Agreement with Stipe-Rite, Inc. for the 2021 Pavement Marking Project; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 A11 PUBLIC WORKS AGREEMENT – Page 1 of 10 (between City of Bremerton and Stripe-Rite, Inc.) Rev. 09/2021 PUBLIC WORKS AGREEMENT THIS AGREEMENT is entered into between the City of Bremerton, a Washington Municipal Corporation (“City”), and Stripe Rite, Inc. (“Contractor”), whose mailing address is 8320 Barney White Road Bremerton, WA 98312. The parties agree as follows: 1. CONTRACTOR SERVICES. The Contractor shall perform the following services for the City: 2021 Pavement Marking Project # 315040 2. TIME OF COMPLETION. Contractor shall complete the work within 40 Working 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 $ 221,822.50. Applicable Washington State Retail Sales Tax on this contract shall be governed by WAC 458-20-171 and its related rules for the work contemplated in this agreement. The Contractor shall invoice the City monthly. The City will pay for the portion of the work described in the 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. The City reserves its right to withhold payment from Contractor for any defective or unauthorized work. Defective or unauthorized work includes, without limitation: work and materials that do not conform to the requirements of this agreement; and extra work and materials furnished without the City’s written approval. If PUBLIC WORKS AGREEMENT – Page 2 of 10 (between City of Bremerton and Stripe-Rite, Inc.) Rev. 09/2021 Contractor is unable, for any reason, to satisfactorily complete any portion of the work, the City may complete the work by contract or otherwise, and Contractor shall be liable to the City for any additional costs incurred by the City. “Additional costs” shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Contract price specified above. The City further reserves its right to deduct the cost to complete the Contract work, including any Additional Costs, from any and all amounts due or to become due the Contractor. 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 an employee of the City. The Contractor shall secure at its expense, and shall be responsible for all payments of income tax, social security, state disability insurance compensation, unemployment compensation, and all other payroll deductions for the Contractor, officer, agents, employees and sub-contractors. The Contractor shall also secure all applicable business licenses, if required, in connection with the contract services, including all required licenses for Contractor's officers, agents, employees and sub-contractors. 5. TERMINATION. The City may terminate this agreement for good cause. “Good cause” shall include, without limitation, any one or more of the following events: A. The Contractor’s refusal or failure to supply a sufficient number of properly skilled workers or proper materials for completion of the Contract work. B. The Contractor’s failure to complete the work within the time specified in this agreement. C. The Contractor’s failure to make full and prompt payment to sub- contractors or for material or labor. D. The Contractor’s persistent disregard of federal, state or local laws, rules or regulations. E. The Contractor’s filing for bankruptcy or becoming adjudged bankrupt. If the City terminates this agreement for good cause, the Contractor shall not receive any further monies due under this agreement until the Contract work is completed. 6. PREVAILING WAGES. Contractor shall file a “Statement of Intent to Pay Prevailing Wages” with the State of Washington Department of Labor & Industries prior to commencing the Contract work. Contractor shall pay prevailing wages and comply with Chapter PUBLIC WORKS AGREEMENT – Page 3 of 10 (between City of Bremerton and Stripe-Rite, Inc.) Rev. 09/2021 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 Lab or 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 good faith, to reach agreement with the Contractor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Contractor shall proceed with the change order work upon receiving a written work change directive or change order from the City. If the Contractor fails to require a change order within the time allowed, the Contractor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Contractor disagrees with the equitable adjustment the Contractor must complete the change order work; however, the Contractor may elect to protest the adjustment as provided below: A. Procedure and Protest by the Contractor. If the Contractor disagrees with anything required by a work change directive or change order, including any direction, instruction, interpretation, or determination by the City, the Contractor shall: 1. Immediately give a signed written notice of protest to the City; 2. Supplement the written protest within fourteen (14) calendar days with a written statement that provides the following information: a. The date of the Contract’s protest. b. The nature and circumstances that caused the protest. c. The provisions in this agreement that support the protest. d. The estimated dollar cost, if any, of the protested work and how that estimate was determined. e. An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. The Contractor shall keep complete records of extra costs and time incurred as a result of the protested work. The City shall have access to any of the Contractor’s records needed for evaluating the protest. 3. The City will evaluate all protests, provided the procedures in this section are followed. If the City determines that a protest is valid, PUBLIC WORKS AGREEMENT – Page 4 of 10 (between City of Bremerton and Stripe-Rite, Inc.) Rev. 09/2021 the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid 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 a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by Contractor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Contractor also waives any additional entitlement and accepts from the City any written order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Contractor completely waives any claims for protested work and accepts form the City any written order (including directions, instructions, interpretations, and determination). 8. CLAIMS. The Contractor shall give written notice to the City of all claims other than change orders within fourteen (14) calendar days of the occurrence of the events giving rise to the claims. Any claim for damages, additional payment for any reason, or extension of time, whether under this agreement or otherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this agreement; or, if (and only if) no such provision is applicable, unless that claim is set forth in detail in writing and received by the City within seven (7) calendar days f rom the date Contractor knew, or should have known, of the facts giving rise to the claim. At a minimum, a Contractor’s written claim must include the information set forth regarding protests in Section 7.A.2.a.-e. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. Contractor must, in any event, file any claim or bring any suit arising fro m or connected with this agreement within 120 calendar days from the date the contract work is complete. 9. WARRANTY. The Contractor shall correct all defects in workmanship and materials within one year from the date of the City’s acceptance of the Contract work. When defects are corrected, the warranty for that portion of the work shall extend for one year form the PUBLIC WORKS AGREEMENT – Page 5 of 10 (between City of Bremerton and Stripe-Rite, Inc.) Rev. 09/2021 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. The City’s inspection or acceptance of any of Contractor’s work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officials, employees, agents and volunteers, the Contractor’s liability hereunder shall be only to the extent of the Contractor’s negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS INDEMNIFICATION CONSTITUTES THE CONTRACTOR’S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSE OF THIS INDEMNIFICATION. THE PARTIES ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this agreement. 11. INSURANCE. The Contractor shall procure and maintain for the duration of this agreement insurance of the types and in the amounts described below against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work by the Contractor, its agents, representative, employees, sub-consultants or sub- contractors. Before beginning work on the project described in this agreement, the Contractor shall provide a Certificate of Insurance evidencing: A. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and B. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and $2,000,000 general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket PUBLIC WORKS AGREEMENT – Page 6 of 10 (between City of Bremerton and Stripe-Rite, Inc.) Rev. 09/2021 contractual; products/completed operations/broad form property damage; explosion, collapse and underground (XCU); and C. Excess Liability insurance with limits not less than $1,000,000 per occurrence and aggregate; and B. Workers Compensation insurance as statutorily required by the Industrial Insurance Act of the State of Washington, Title 51, Revised Code of Washington and employer's liability with limits not less than $1,000,000. Any payment of deductible or self-insured retention shall be the sole responsibility of the Contractor. The City, its officials, employees, agents and volunteers shall be named as an additional insured on the insurance policy, as respects work performed by or on behalf of the Contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The Contractor’s insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer’s liability. The Consultant's insurance shall be primary and non-contributory insurance as respects the City and shall contain a waiver of subrogation against the City for claims arisi ng out of any operations, liabilities and obligations to which coverage applies. It shall be an affirmative obligation upon Consultant to advise the City’s Risk Manager by fax at (360) 473-5161, or by certified mail, return receipt requested to City of Bremerton, attn: Risk Management, 345 6th Street, Suite 100, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy set out herein, and failure to do so shall be construed to be a breach of this Agreement. The City reserves the right to receive a certified copy of all the required insurance policies. 12. MISCELLANEOUS. A. 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 Contractor shall 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 presence of any physical, mental or sensory disability. 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. PUBLIC WORKS AGREEMENT – Page 7 of 10 (between City of Bremerton and Stripe-Rite, Inc.) Rev. 09/2021 C. Compliance with Laws. Contractor shall comply with all federal, state and local laws, rules and regulations throughout every aspect in the performance of this agreement. 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. 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 PUBLIC WORKS AGREEMENT – Page 8 of 10 (between City of Bremerton and Stripe-Rite, Inc.) Rev. 09/2021 the City, and those statements shall not be construed as forming a part of or altering in any manner this agreement. This agreement and any attached Exhibits contain the entire agreement between the parties. Should any language in any Exhibit to this agreement conflict with any language contained in this agreement, the terms of this agreement shall prevail. IN WITNESS WHEREOF, the parties below have executed this agreement. STRIPE RITE, INC. THE CITY OF BREMERTON Print Name: Steven Bateman______ Print Name: Greg Wheeler Title: President Title: Mayor DATE DATE Notices to be sent to: Notices to be sent to: STRIPE RITE, INC.: CITY OF BREMERTON: 8320 Barney White Road 345 6th Street, Suite 100 Bremerton, WA 98312 Bremerton, WA 98337 PUBLIC WORKS AGREEMENT – Page 9 of 10 (between City of Bremerton and Stripe-Rite, Inc.) Rev. 09/2021 APPROVED AS TO FORM: Kylie J. Finnell Bremerton City Attorney ATTEST: Angela Hoover, City Clerk R:\Legal\Legal\Forms\FORMS ON COBWEB\Public Works Agreement (short form) Rev. 09 2021.doc PREVAILING WAGES BID TITLE: SECOND LOW BIDDER Apply-A-Line, LLC THIRD LOW BIDDER N/A DATE OPENED: RECORDED BY: $ 296,000.00 ENGINEER ESTIMATE (INC SALES TAX) APPARENT LOW BIDDER Stripe Rite, Inc. SUMMARY Apply-A-Line, LLC Y $ 229,877.60 N/A $ 229,877.60 Stripe Rite, Inc. Y $ 221,852.50 N/A $ 221,852.50 CITY OF BREMERTON BID TABULATION BOND BASE BID + CONTINGENCY SALES TAX TOTALNAME OF BIDDER OPENED BY: 9/15/2021 TIME OPENED: 2021 Pavement Marking Project; COB Project #315040 1:00PM Shane Weber Shane Weber Drawing Scale Not to Scale Drawing Name / # City of Bremerton Department of Public Works & Utilities Engineering Division Drawn By BHM Date 8/25/21 Design By BHM Checked By SJJW Sheet 1 of 3 Appendix D Longitudinal Paint Line Road Segment Exhibit © OpenStreetMap (and) contributors, CC-BY-SA± Legend City Limits Selected Roadway Segment - Longitudinal Paint Line Scope AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Ordinance No. ______ Study Session Date: October 13, 2021 repealing Chapter 9.18 of the Bremerton Municipal Code entitled “No Smoking Signs” COUNCIL MEETING Date: October 20, 2021 Department: Legal Presenter: Brett Jette Phone: (360) 473-2345 SUMMARY: The current provisions of Chapter 9.18 of the Bremerton Municipal Code relating to No Smoking Signs results in redundancies and conflicts with Washington State law and requires repeal. ATTACHMENTS: 1) Ordinance 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 approve Ordinance No. ______ repealing Chapter 9.18 of the Bremerton Municipal Code entitled “No Smoking Signs.” COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 A12 Page 1 of 2 City Ordinance Form BMC 9.18 Rev. 09/2021 No Smoking Signs ORDINANCE NO. ________ AN ORDINANCE of the City Council of the City of Bremerton, Washington, repealing Chapter 9.18 of the Bremerton Municipal Code entitled “No Smoking Signs.” WHEREAS, in 2005 the people of the State of Washington passed Initiative 901 banning smoking in public places and workplaces; and WHEREAS, the current provisions of Chapter 9.18 of the Bremerton Municipal Code relating to no smoking signs results in redundancies and conflicts with Washington State law; and WHEREAS, the City Council desires to repeal the provisions relating to no smoking signs; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 9.18 of the Bremerton Municipal Code entitled "No Smoking Signs" is hereby repealed in its entirety as follows: Chapter 9.18 NO SMOKING SIGNS 9.18.010 PURPOSE. This chapter is an exercise of the police power for the purpose of abating the fire hazard occasioned by smoking in theaters, busses, and buildings posted with "No Smoking" signs. 9.18.015 SMOKING IN POSTED BUILDINGS PROHIBITED. It is unlawful to light or smoke a cigar, cigarette or a pipe, or carry a lighted cigar, cigarette or a pipe in any building in the city on which is posted in a conspicuous place over and near each principal entrance a notice in plain, legible characters, stating that no smoking is allowed in such building. 9.18.020 THEATER RESTRICTIONS. It is unlawful to light or smoke a cigar, cigarette or a pipe, or to carry a lighted cigar, cigarette or a pipe in any place in a theater except in a restroom, lounge, or other space therein properly equipped with ashtrays, and approved by the fire chief of the City of Bremerton as a safe place for smoking. 9.18.030 BUS RESTRICTIONS. It is unlawful to light or smoke a cigar, cigarette or a pipe, or to carry a lighted cigar, cigarette or a pipe on any public transportation bus in the City of Bremerton. Page 2 of 2 City Ordinance Form BMC 9.18 Rev. 09/2021 No Smoking Signs 9.18.050 PENALTY FOR VIOLATION. Any person convicted of violating the provisions of this chapter shall be guilty of a misdemeanor and subject to the provisions of BMC Chapter 1.12. PASSED by the City Council the___________ day of ____________________, 20___. _________________________________ KEVIN GORMAN, Council President Approved this ________ day of ________________________, 20___. _________________________________ GREG WHEELER, Mayor ATTEST: APPROVED AS TO FORM: __________________________________ _________________________________ ANGELA HOOVER, City Clerk KYLIE J. FINNELL, City Attorney PUBLISHED the ________ day of ______________________, 20__. EFFECTIVE the ________ day of ______________________, 20__. ORDINANCE NO. ________. R:\Legal\Legal\Ordinances\Legal\2021.09.10 City Ordinance BMC 9.18.docx AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Ordinance No. ______ Study Session Date: October 13, 2021 repealing Section 9A.44.110 of the Bremerton Municipal Code entitled “Aggressive Begging” COUNCIL MEETING Date: October 20, 2021 Department: Legal Presenter: Maureen McKeeman Phone: (360) 473-2345 SUMMARY: The current provisions of Section 9A.44.110 of the Bremerton Municipal Code relating to Aggressive Begging are no longer in compliance with legal requirements. The City Council desires to repeal provisions relating to Aggressive Begging in order to remove the provision from the Bremerton Municipal Code and bring Chapter 9A.44 of the Bremerton Municipal Code into compliance with legal requirements. ATTACHMENTS: 1) Ordinance 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 approve Ordinance No. ______ repealing Section 9A.44.110 of the Bremerton Municipal Code entitled “Aggressive Begging.” COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 A13 Page 1 of 2 City Ordinance Form BMC 9A.44.110 Rev. 09/2021 Aggressive Begging ORDINANCE NO. ________ AN ORDINANCE of the City Council of the City of Bremerton, Washington, repealing Section 9A.44.110 of the Bremerton Municipal Code entitled “Aggressive Begging.” . WHEREAS, the City Council desires to repeal provisions relating to aggressive begging in order to bring Chapter 9A.44.110 of the Bremerton Municipal Code into compliance with legal requirements; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 9A.44.110 of the Bremerton Municipal Code entitled "Aggressive Begging" is hereby repealed in its entirety as follows: 9A.44.110 AGGRESSIVE BEGGING. (a) Definitions. The following definitions apply in this section: (1) "Intimidate" means to engage in conduct which would make a reasonable person fearful or feel compelled. (2) "Beg" means to ask for money or goods as a charity, whether by words, bodily gestures, signs, or other means. (3) "Public place" means an area generally visible to public view and includes alleys, bridges, buildings, driveways, parking lots, parks, plazas, sidewalks and streets open to the general public, including those that serve food or drink or provide entertainment, and the doorways and entrances to buildings or dwellings and grounds enclosing them. (b) Violation. A person is guilty of aggressive begging if, in a public place, he or she begs with the intent to intimidate another person into giving money or goods. (c) Penalty. Aggressive begging is a misdemeanor as defined in BMC 1.12.020(2). SECTION 2. Corrections. The City Clerk and codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener, clerical, typographical, and spelling errors, references, ordinance numbering, section/subsection numbers and any references thereto. SECTION 3. Severability. If any one or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 4. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. Page 2 of 2 City Ordinance Form BMC 9A.44.110 Rev. 09/2021 Aggressive Begging PASSED by the City Council the___________ day of ____________________, 20___. _________________________________ KEVIN GORMAN, Council President Approved this ________ day of ________________________, 20___. _________________________________ GREG WHEELER, Mayor ATTEST: APPROVED AS TO FORM: __________________________________ _________________________________ ANGELA HOOVER, City Clerk KYLIE J. FINNELL, City Attorney PUBLISHED the ________ day of ______________________, 20__. EFFECTIVE the ________ day of ______________________, 20__. ORDINANCE NO. ________. R:\Legal\Legal\Ordinances\Legal\2021.10.01 Ordinance - BMC 9A.44.110.docx AGENDA BILL CITY OF BREMERTON CITY COUNCIL Study Session Date: October 13, 2021 SUBJECT: Purchase of a New Control Panel, Variable Frequency Drives, and associated Electrical Components from L2 Systems, LLC for Pump Station WB-6 Department: PW&U/WWTP Presenter: Eric J. Burris Phone: (360) 473-5448 SUMMARY: Wastewater pump station WB-6 is equipped with variable frequency drives (VFDs) and a control panel that functions as a system to operate the three pumps. These components are twenty years old and repair parts are no longer available. Recently two of the three VFDs at WB-6 failed due to excessive heat, resulting in a Combined Sewer Overflow (CSO). The VFDs need to be replaced in order to avoid future CSOs. With this replacement, the control panel with its integral programmable logic controller (PLC) also requires replacement. The requested action is purchase of a new control panel and three VFDs. Wastewater staff received two quotations, the first quote was submitted by Technical Systems, Inc. for $257,022, including freight and applicable sales tax. The second quote was submitted by L2 Systems LLC in the amount of $230,746, including freight and applicable sales tax. ATTACHMENTS: 1) Emergency Determination Memo Updated; 2) Quote from Technical Systems, Inc.; 3) Quote from L2 Systems LLC.; 4) L2 Systems LLC Warranty FISCAL IMPACTS (Include Budgeted Amount): Funds are available from Fund 451 STUDY SESSION AGENDA: ☒Limited Presentation with action anticipated ☐Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐General Business ☐Public Hearing RECOMMENDED MOTION: Move to approve the purchase of a new control panel and new VFDs, and associated electrical components from L2 Systems LLC for $230,746, including tax and freight, and authorize the Mayor to finalize and execute the purchase with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 B1 Action anticipated... Ned Lever Digitally signed by Ned Lever DN: C=US, E=ned.lever@ci.bremerton.wa.us, O=City of Bremerton, OU=Engineering, CN=Ned Lever Reason: I have reviewed this document Date: 2021.10.13 08:42:11-07'00' L2 Systems, LLC 3925 88th Street NE Suite F Marysville, WA 98270 (360) 386-9675 Warranty L2 Systems LLC warrants its products against defects in material and factory workmanship for a period of one (1) year from date of Installation or 18 months from date of shipment. Warranties provided by original equipment manufacturers shall take precedence over the L2 Systems, LLC warranty. Defective components or parts will be repaired or replaced at the discretion of L2 Systems LLC Products subjected to abuse, misuse or neglect as well as products that have been modified by a third party without the consent of L2 Systems LLC shall be void from warranty and repaired or replaced at the owners expense. L2 Systems LLC shall not be held responsible for failure or damage caused by third party equipment or forces of nature. The foregoing is in lieu of any other expressed or implied warranties. The remedy described in the first paragraph of this warranty shall constitute the sole and exclusive remedy for breach of warranty, and the Company shall not be responsible for any incidental, special or consequential damages, including without limitation, lost profits or the cost of repairing or replacing other property which is damaged if this product does not work properly, other costs resulting from labor charges, delays, vandalism, negligence, fouling caused by foreign material, damage from adverse conditions, or any other circumstances over which the Company has no control. This warranty shall be invalidated by any abuse, misuse, misapplication, improper installation or improper maintenance or alteration of the product.