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Home My WebLink About10/20/2021 CITY COUNCIL AGENDA PACKET ______________________________________________________________________________ th CITY COUNCIL 345 6Street, Suite 100, Bremerton, WA 98337 Phone (360) 473-5280 * * * A M E N D E D * * * WEDNESDAY, OCTOBER 20, 2021 CITY COUNCIL Virtual/Live StreamMEETING AGENDA To help reduce the spread of COVID-19, the City Council is conducting a virtual meeting.The Chambers will be closed, and all Council Members and staff will be participating in the meeting remotely. The public is invited to view and/or participate in the Council Meeting through one of the following options: To stream online only (via BKAT Feed, with no interaction possible): https://bremerton.vod.castus.tv/vod/?live=ch1&nav=live Members of the publicare invited to join the Zoom Meetingby clicking onthe link below: https://us02web.zoom.us/j/88431985385?pwd=cHZ4bE1ScVUwTXBiZWMzT3dIUlVBUT09 Or One tap mobile: US: +12532158782,,88431985385#,,,,*408318# or +16699006833,,88431985385#,,,,*408318# 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: 884 3198 5385 Passcode: 408318 Public questions or comments may be submitted ahead of time toCity.Council@ci.bremerton.wa.us 1.CALL TO ORDER: 5:30 PM 2.MAYOR’S REPORT 3.PUBLIC RECOGNITION 4.CONSENT AGENDA A.Claims & Check Register B.Minutes of Meeting –October 6,2021 C.Minutes of Study Session –October 13, 2021 D.Amend Term of Reappointment for Will Maupin to the Bremerton Housing Authority Board of Commissioners E.Purchase of NEOGOV Onboard E-Forms and Programs F.Change Order No. 14 with Active Construction, Inc. for Kitsap Lake Elementary Safe Routes to School Project; and related Budget Adjustment G.Purchase of 2022 International Navistar HV Cab and Chassis from RWC Group, Ltd. H.Purchase of Stainless-Steel Dump Body, Biosolids Spreader Attachments and other associated equipment from The Fab Shop I.Ordinance No. 5433repealing Chapter 9.18 of the Bremerton Municipal Code entitled “No Smoking Signs” Continued on next page… 5.PUBLIC HEARINGS A.Public Hearing on Resolution No. 3341approving Community Development Block Grant/ HOME Funding Recommendations for Inclusion in the 2022 CDBG/HOME Action Plan B.Public Hearing onOrdinanceNo. 5434adopting 2021 Comprehensive Plan Amendments; and Ordinance No.5435adopting associated Zoning Code Amendments 6.GENERAL BUSINESS A.Professional Services Agreement with River Oaks Communication for Cable Services Public Survey, Community Needs Assessment and Franchise Renewal Legal Services rd B.3Amendment to the Professional Services Agreement with BMcConsulting, LLC for Lobbying Services C.Washington State Recreation and Conservation Office (RCO) Funding Board Project Agreement for the Haddon Park Renovation Project D.Public Works Agreement withStripe Rite, Inc. for the 2021 Pavement Marking Project E.Ordinance No. 5436repealing Section 9A.44.110 of the Bremerton Municipal Code entitled “Aggressive Begging” F.Public Works Agreement with Double D Electrical, Inc. for Police Facility Gate Repairs and Replacement Added item… 7.COUNCIL REPORTS 8.ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT:Study SessionDate: N/A Claims & Check RegisterCOUNCIL MEETING Date: October20, 2021 Department: Legal Services Presenter: Angela Hoover Phone: (360) 473-5323 SUMMARY: Approval of the following checks and electronic fund transfers: 1.Check Numbers 395415-395667and Electronic Fund TransfersV33862-V33947in the grand total amount of $4,721,644.25 2.Regular Payroll payouts for pay period ending September 30, 2021 in the amount of $4,879.13 ATTACHMENTS: FISCAL IMPACTS(Include Budgeted Amount): STUDY SESSION AGENDA: LimitedPresentationFull Presentation STUDY SESSION ACTION:Consent Agenda General BusinessPublic Hearing RECOMMENDED MOTION: Move to approve the consent agenda as presented. COUNCIL ACTION:Approve Deny Table Continue No Action Form Updated 01/02/2018 AGENDA BILL CITY OF BREMERTON 4B CITY COUNCIL SUBJECT: Minutes of Meeting October 6, Study Session Date: N/A 2021 COUNCIL MEETING Date: October 20, 2021 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: The Minutes of Meeting held on October 6, 2021 are attached. ATTACHMENTS: Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: N/A STUDY SESSION ACTION: Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Move to approve the October 6, 2021 Meeting Minutes as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/3/17 CITY COUNCIL VIRTUAL MEETING MINUTES Wednesday,October 6, 2021 A virtualmeeting of the City Council of the City of Bremertonwas called to order Wednesday,October 6, 2021, at 5:30 PM with Council Vice-President Leslie Daugspresiding. Council Members present wereEric Younger, Mike Simpson,Michael Goodnow, Quinn Dennehy,and Pat Sullivan. Council President Kevin Gorman was absent. Also present wereCity Attorney Kylie Finnell; City Clerk Angela Hoover;LegislativeAssistant Christine Grenier; andITManager Dave Sorensen. Vice-President Daugsannounced that to help reduce the spread of COVID-19, and until the Norm Dicks Government Center is open to the public, the City Council is conducting a virtual meeting, which will remain in effect until further notice… MAYOR’S REPORT – Mayor Wheeler… Shared Department of Health statistics relating to COVID-19; Discussed vaccines, isolating and testing if experiencing any symptoms,and protocols like maskingandsocial distancing; Was pleased withyear-to-date Permit Activity; and th Provided updateson the Kitsap Way Culvert Replacement Projectandthe 6Street Preservation Project (between Burwell and Pacific) PUBLIC RECOGNITION Questions and comments were provided byJeff Coughlin;Susan Brooks-Young;Melissa Watkinson;Jo Walter;Johnsie Rozsiwith a response provided by Ms. Daugs; Kiaha Long; Jordan Keller; Callen Robertswith a response provided by Mayor Wheeler; and Jane Rebelowski. CONSENT AGENDA 4A– Claims & Check Register: Check Numbers 395088 through 395414 and Electronic Fund Transfers V33744 through V33861 in the grand total amount of $3,257,014.55; Regular Payroll for pay period ending September 15, 2021 in the amount of $945,781.95; Regular Payroll payouts for pay period ending September 15, 2021 in the amount of $10,006.08; Retiree Payroll for pay period ending September 30, 2021 in the amount of $48,879.73; and Regular Payroll for pay period ending September 30, 2021 in the amount of $927,992.05 4B–Minutes of Meeting – September 15,2021 4C–Minutes ofStudy Session – September 22, 2021 4D –Minutes ofSpecial Meeting –September 29, 2021 4E –Confirm Appointment of Ansley Clark to the Arts Commission 4F–Public Works Agreement with Hokkaido Drilling, Inc. for the Well 13 Rehabilitation 4G –Ordinance No. 5430repealing Chapter 3.99 of the Bremerton Municipal Code entitled “Pendergast Regional Park Construction Fund” There were no questions or comments from the public… Vice-President DaugscongratulatedAnsley Clarkon her appointment;and thanked herfor her willingness to volunteer.Ms. Clarkthanked the Mayor and Council; and is excited for this opportunity. 6:09 M/S/C/U (Younger/Goodnow) Move to approve the C ONSENT A GENDA as presented. City Council Reg. Mtg. Minutes Wednesday, October 6, 2021 Page 2 of 4 GENERAL BUSINESS 5A– STATE PLAN OF OPERATION (SPO) BETWEEN THE STATE OF WASHINGTON AND THE BREMERTON POLICE DEPARTMENT FOR THE LAW ENFORCEMENT SUPPORT OFFICE (LESO) PROGRAM: Lt. Aaron Eltonstated that the LESO Program willallow the Federal and State Law Enforcement Agencies (LEA’s) to transfer excess property turned in by U.S. military units around the world. The type of property turned in ranges from military-specific equipment and vehicles to generic office furniture, computers, medical items,and shop equipment. DLA Disposition Services, one of DLA’s major subordinate commands, disposes of this property in a variety of ways, including reutilization/transfer to other military components or federal agencies, donating through programs like computers for schools, destruction for scrap metal and resale to the general public. Questions and commentsfrom the public were providedbyJane Rebelowski,Melissa Watkinson,Jeff Coughlin, andJordan Keller (disrupted connection);with responses provided by Lt. Elton… From approx. 6:24to 6:29PM, FinanceCommitteeChair Michael Goodnow chaired the meeting while Vice-President Daugsrestored her wi-fi connection… 6:25Motionwas made bySullivanand seconded byDennehy…Commentswere provided by Dennehy, Simpson, Goodnow, Sullivan,and Daugs;with responses provided byMayor Wheeler andLt. Elton… 6:44M/S/C/U (Sullivan/Dennehy)Move to approve theState Plan of Operation (SPO);and to authorize the Mayor to finalize and execute the SPOwith substantially the same terms and conditions as presented. 5B – CONTRACT WITH SCI INFRASTRUCTURE, LLC FOR THE OSTRICH BAY CREEK STORMWATER RETROFIT PROJECT: Engineering Project Manager Gunnar Fridriksson stated that the Ostrich Bay Creek stormwater basin is approximately 423 acres and has been documented as the most polluted stream in Kitsap County. This project concentrates on 15.29 acres of heavily urbanized area which currently has no stormwater treatment. Stormwater treatment will be provided by the installation of 14 Biopods at multiple locations on Kitsap Way, Bruenn Avenue, and Auto Center Way. Bids for the construction of the project were opened on September 2, 2021,and 11 Bids were received. SCI Infrastructure, LLC is the lowest responsive, responsible bidder with their base bid totaling $1,025,002.25 including sales tax. Staff recommends award of the Ostrich Bay Creek Stormwater Retrofit Project Contract to SCI Infrastructure, LLC. Questions and comments from the public were provided by Anna Mockler;with a response provided by Mr. Fridriksson… 6:50 Motionwas made byYoungerand seconded bySimpson…Commentswere provided by Younger, Simpson, and Daugs;with responses provided by Mr. Fridriksson… 6:53M/S/C/U (Younger/Simpson)Move to award the contract to SCI Infrastructure, LLC for the Ostrich Bay Creek Stormwater Retrofit Project, in the amount of $ 1,025,002.25; and authorize the Mayorto finalize and execute the agreement with substantially the same terms and conditions as presented. 5C – ORDINANCE NO. 5431 AMENDING TITLE 9A OF THE BREMERTON MUNICIPAL CODE ENTITLED “CRIMINAL CODE”:City Prosecutor Gary Herseysummarized that the City Council desires to update, revise, or repeal provisions relating to domestic violence, computer trespass, fire alarm tampering, bail jumping, and solicitation in order to bring Chapters 9A.32, 9A.36, 9A.40, and City Council Reg. Mtg. Minutes Wednesday, October 6, 2021 Page 3 of 4 9A.44 of the Bremerton Municipal Codeinto compliance with updated state laws. City Attorney Kylie Finnellwas also available to answer any questions. Commentsfrom the public were provided by Jordan Keller… 7:06Motionwas made bySullivanand seconded byDennehy…Commentswere provided by Dennehy, and Simpson;with responses provided by Mr. Hersey… 7:13M/S/C/U (Sullivan/Dennehy)Move to approve Ordinance No. 5431amending Title 9A of the Bremerton Municipal Code entitled “Criminal Code” to bring Chapters 9A.32, 9A.36, 9A.40, and 9A.44 of the Bremerton Municipal Code into compliance with updated state laws. 5D – ORDINANCE NO. 5432 AMENDING CHAPTER 9.88 OF THE BREMERTON MUNICIPAL CODE ENTITLED “DRUG OFFENSES”: City Prosecutor Gary Herseysummarized that the City Council desires to amend Chapter 9.88 of the Bremerton Code entitled “Drug Offenses” in order to add language related to the possession of controlled substances and counterfeit substances and further to repeal minimum penalties for possession of marijuana and drug paraphernalia. Comments from the public were provided by Anna Mockler… 7:21Motionwas made byYoungerand seconded byGoodnow…Commentswere provided by Younger, Simpson, Dennehy, and Daugs;with responses provided byMr. Herseyand Lt. Elton… 7:30M/S/C/U (Younger/Goodnow)Move to approve Ordinance No. 5432amending Chapter 9.88 of the Bremerton Municipal Code entitled “Drug Offenses.” COUNCIL MEMBER REPORTS Pat Sullivanannounced the Monthly Lions Park Shoreline WeedWarriors Party on Saturday, October 9from 10:00 AM to Noon, noting that disinfectants, beverages, and snacks will be provided to volunteers. Quinn Dennehythanked community members who attended his District Meeting; and encouraged people to consider getting a vaccine and continue masking. Michael Goodnowwelcomed volunteers to the next Forest Ridge Work Party on Saturday, October 16 from 9:00 AM to Noon. Mike Simpsonencouraged people to make an informed decision to keep their families safe. Leslie Daugsannounced that applications for the volunteer (resident) position on the Audit Committee will be accepted by October 25;the next Race Equity Advisory Committee Meeting will beon Thursday, October 14 beginning at 6:00 PM via Zoom; also,applications will be accepted soon for REAC; encouraged people to do their part and continue to be safe, mask up, keep their distance, all so students won’t have to go back to online learning; and apologized for the earlier connection issues in the meeting. With no further business, Vice-PresidentDaugs adjourned the Council Meeting at 7:40 PM. Prepared and Submitted by: ____________________________ CHRISTINE GRENIER Legislative Council Assistant City Council Reg. Mtg. Minutes Wednesday, October 6, 2021 Page 4 of 4 th APPROVED by the City Council on the 20 day ofOctober, 2021. ________________________________________ KEVIN GORMAN, City Council President Attest: ________________________________________ ANGELA HOOVER, City Clerk KG:AH:ls:cg AGENDA BILL CITY OF BREMERTON 4C CITY COUNCIL SUBJECT: Minutes of Study Session Study Session Date: N/A October 13, 2021 COUNCIL MEETING Date: October 20, 2021 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: The Minutes of Study Session held on October 13, 2021 are attached. ATTACHMENTS: Study Session Minutes FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: N/A STUDY SESSION ACTION: Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Move to approve the October 13, 2021 Study Session Minutes as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/3/17 CITY COUNCIL STUDY SESSION MINUTES Wednesday, October 13, 2021 A virtual Study Session of the City Council of the City of Bremerton was called to order on Wednesday, October 13, 2021 at 5:00 PM, with Council President Kevin Gorman presiding. Other Council Members present were Eric Younger, Mike Simpson, Michael Goodnow, Quinn Dennehy (joined at 5:38 PM due to internet issues), Leslie Daugs, and Pat Sullivan. Also present were Legislative Office Manager Lori Smith and Network Engineer Hans Nilsson. President Gorman established that to help reduce the spread of COVID-19, and until the Norm Dicks Government Center is open to the public, the City Council is conducting the Study Session via Zoom, and all Council Members and staff will be participating remotel He further established that the Study Session is open for the public to listen-in, but 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 A. BRIEFINGS on AGENDA BILL ITEMS 1. Amend Term of Reappointment for Will Maupin to the Bremerton Housing Authority Board of Commissioners Consent Agenda 2. Purchase of NEOGOV Onboard E-Forms and Programs Consent Agenda 3. Professional Services Agreement with River Oaks Communication for Cable Services Public Survey, Community Needs Assessment, and Franchise Renewal Legal Services General Business rd 4. 3 Amendment to the Professional Services Agreement with BMcConsulting, LLC for Lobbying Services General Business 5. Washington State Recreation and Conservation Office (RCO) Funding Board Project Agreement for the Haddon Park Renovation Project General Business 6. Proposed Public Hearing on Resolution approving the 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 President Gorman called a break from 7:11 PM to 7:18 8. Change Order No. 14 with Active Construction, Inc. for Kitsap Lake Elementary Safe Routes to School Project; and related Budget Adjustment Consent Agenda 9. Purchase of 2022 International Navistar HV Cab and Chassis from RWC Group, Ltd. Consent Agenda 10. Purchase of Stainless-Steel Dump Body, Biosolids Spreader Attachments and other associated equipment from The Fab Shop Consent Agenda 11. Public Works Agreement with Stripe Rite, Inc. for the 2021 Pavement Marking Project General Business 12. Ordinance repealing Consent Agenda 13. Ordinance repealing Section 9A.44.110 of the Bremerton Municipal Code entitled General Business City Council Study Session Minutes Wednesday, October 13, 2021 Page 2 of 2 B. ACTION on AGENDA BILL ITEM 1. Purchase of a New Control Panel, Variable Frequency Drives, and associated Electrical Equipment from L2 Systems, LLC for Pump Station WB-6 Wastewater Manager Eric Burris explained that the 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. 7:50 Motion was made by Goodnow and seconded by Daugscomments were provided by Goodnow, Daugs, Younger, Simpson, and Gorman; with responses provided by Mr. Burris 7:57 M/S/C/U (Goodnow/Daugs) 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. 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 Meeting Briefing Chair Michael Goodnow President Gorman reminded the public that all meetings will be held remotely until further notice, including the next Council Meeting on Wednesday, October 20, 2021 at 5:30 PM. With no further business, the Study Session was adjourned at 8:03 PM. Prepared and submitted by: ______________________________ LORI SMITH Legislative Office Manager th APPROVED by the City Council on the 20 day of October, 2021. ______________________________ KEVIN GORMAN, Council President ATTEST: ______________________________ ANGELA HOOVER, City Clerk KG:AH:ls:cg AGENDA BILL CITY OF BREMERTON CITY COUNCIL 4D SUBJECT: Amend Term of Reappointment Study Session Date: October 13, 2021 for Will Maupin to the Bremerton Housing 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 AGENDA BILL CITY OF BREMERTON CITY COUNCIL 4E SUBJECT: Study Session Date: October 13, 2021 Purchase of NEOGOV Onboard and COUNCIL MEETING Date: October 20, 2021 E-Forms Programs 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 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 IVNBO!SFTPVSDFT!! NBOBHFNFOU!TVJUF! for the public sector! Exhibit A Order Form NEOGOVCustomer: Governmentjobs.com, Inc. (dba "NEOGOV")Bremerton, City of (WA) 300 Continental Blvd, Suite 565City of Bremerton El Segundo, CA 90245345 6th Street United StatesBremerton, WA 98337 billing@neogov.comUSA Quote Valid From: 8/31/2021Quote Number: Q-02816 Quote Valid To: 10/31/2021Payment Terms: Annual Net 30 Order Summary Year 1 (11/4/21 - 11/3/22) Service DescriptionStart DateEnd DateTerm 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 DescriptionStart DateEnd DateTerm 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 DescriptionStart DateEnd DateTerm 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 DescriptionStart DateEnd DateTerm 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 DescriptionStart DateEnd DateTerm 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 ofNEOGOV (WA)" Signer_D Signature: Customer_DSSignature:S Print Name:Print Name: CustomerName_DS SignerName_DS Date:Date: CustomerDate_DS SignerDate_DS Leighann Denton, Human Resources Analyst II th 345 6Street, Suite 100, Bremerton, WA 98337 Phone: 360-473-2320 Fax:360-473-2333 leighann.denton@ci.bremerton.wa.us Human Resources Department MEMORANDUM DATE:September 24, 2021 SUBJECT:NEOGOV Onboard and E-FormsSummary Human Resources is requesting to purchase NEOGOV’sOnboard and E-Forms programs to enhance our already existing NEOGOV platform,utilizingAmerican Rescue Plan Act funds. The following describeshow these programs will provide a streamlined onboarding process for new hires as well as upgrade the maintenance of personnel files. These programs will allow HumanResources to maintainand processall documents electronicallyand provide employees an interactive experience. OnBoard: 1.Automates onboarding tasksand increases productivity and engagement. 2.Form builder drastically reduces paper forms–all new hire forms can be created and storeddigitally. 3.Documentscan be signed electronically. 4.Improve the employee experienceand be competitive ina largely candidate- driven job market. Increases employee engagement and providesa more professional appearance. Modernizestheprocess. 5.New hire portal can be configured to include checklists, new hire documentation, policy acknowledgments, videos and trainings.This will eliminate providing paper documents, eliminatingtouch points and the necessity to obtain wet signatures. 6.Newhire information can be integrated withFinancePlus,eliminating data entryin multiple locations.This will protect against data entry errors. 7.Employees will be able to complete new hire documents electronically. Documents completed by employeeswillbe available to them for future reference. 8.Reducespaper waste; each orientation packetandnew employee file, is approximately one(1)ream of paper per employee (500 pages). We believe most employees discard a large portion oftheir orientation packet. E-Forms: 1.Allows Human Resources to create and store digital personnel files. No more paper files. 2.Easily create online formsand makethem available to employeesin one location. 3.Improve processesby creatingworkflows for internalroutingand electronic signatures onemployee acknowledgements, new hire paperwork, personnel action forms, request to hire forms, etc.Workflows will allow for greater efficienciesin trackingand decrease loss and mismanagement of documents. 4.Offersself-service tools to employees, Costs: NEOGOVhas provided the Citywith aquotethatincludesathree (3) yearsubscription tothe Onboard and E-Forms platforms,set upand trainingforboth platforms, Laserfiche integration,andFinancePlus integrationsubscriptionsin the amount of $105,116.40. The quote reflects afull license price due year 1, 60% off in year 2, and then back to regular pricing with a 5% increaseforyear 3.The discount offered has a deadline of October 30, 2021. This contract will be paid in yearly installments. In conclusion, we believe thesenew platforms would allow human resources to modernizeits processesand assist in the City’s initiative to moveforward 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 personnelwould be able to research employee files digitallyand offer employees self-service tools, thereby supportingmore intuitive and interactive processes. Thank you for your consideration. AGENDA BILL CITY OF BREMERTON CITY COUNCIL 4F SUBJECT: Study Session Date: October 13, 2021 Change Order No. 14 with Active COUNCIL MEETING Date: October 20, 2021 Construction, Inc. for Kitsap Lake Department: PW & Utilities Elementary Safe Routes to School Project; Presenter: Andrea Archer Parsons and related Budget Adjustment 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 $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 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 $580,000. The additional funding sources are proposed as follows: Fund Source 2021 CIP Increase Revised Amount Current Amount ($) ($) ($) REET** $100,000 $120,000 $220,000 SW Utility Tax** $0 $120,000 $120,000 Residential Street $0 $240,000 $240,000 Fund* 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. 2021 Kitsap Lake Elementary Safe Routes to School Project Fiscal Summary October 2021 AGENDA BILL CITY OF BREMERTON 4G CITY COUNCIL SUBJECT: Study Session Date: October 13, 2021 Purchase of 2022 International Navistar HV COUNCIL MEETING Date: October 20, 2021 Cab and Chassis from RWC Group, Ltd. 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 AGENDA BILL CITY OF BREMERTON 4H CITY COUNCIL SUBJECT: Study Session Date: October 13, 2021 Purchase of a Stainless-Steel Dump Body, COUNCIL MEETING Date: October 20, 2021 Biosolids Spreader attachments and other Department: PW&U associated equipment from the Fab Shop 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 AGENDA BILL CITY OF BREMERTON 4 I CITY COUNCIL SUBJECT: Ordinance No. 5433 Study Session Date: October 13, 2021 repealing Chapter 9.18 of the Bremerton COUNCIL MEETING Date: October 20, 2021 No Smoking Signs 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. 5433 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. 5433 repealing Chapter 9.18 of the Bremerton Municipal Code No Smoking Signs COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 ORDINANCE NO. AN ORDINANCEof 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 9.18of the Bremerton Municipal Code relating tono smoking signsresults in redundancies and conflicts with Washington State law; and WHEREAS, the City Council desires to repeal theprovisions relating to no smoking signs; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1.Chapter 9.18of 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 1 of 2 City Ordinance Form BMC 9.18 Rev. 09/2021 No Smoking Signs 9.18.050PENALTY 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 Chapter1.12. 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 ClerkKYLIE 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 Page 2of2 City Ordinance Form BMC 9.18 Rev. 09/2021 No Smoking Signs AGENDA BILL CITY OF BREMERTON CITY COUNCIL 5A SUBJECT: Study Session Date: October 13, 2021 Public Hearing on Resolution No. 3341 COUNCIL MEETING Date: October 20, 2021 approving the 2022 Community Department: DCD-CDBG Development Block Grant/HOME Funding Presenter: Sarah Achaoui Recommendations for Inclusion in the 2022 Phone: (360) 473-5375 CDBG/HOME Action Plan 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 ATTACHMENTS: 1. Attachment 1: Memo discussing funding sources (including Community Development Block Grant (CDBG), and American Rescue Plan Act funding (ARPA). 2. Resolution No. 3341 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. 3341 approving the 2022 funding recommendations to be included in the 2022 Action Plan to HUD 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 DEPARTMENT OF COMMUNITY DEVELOPMENT M EMORANDUM 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. 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. $90,000 $67,500$50,000 $132,000 $110,500 $450,000 Not funded If NO ARPA funding PRC BACKUP utlilized, and only CDBG RECOMMENDATION Funding is awarded then APRAAPRA $79,750$50,000$60,000 $189,750 not funded with not funded with ARPA* AWARD $90,000 $132,000$219,295 $441,295 PRC PREFERRED RECOMMENDATION CDBG AWARD not funded with CDBGnot funded with CDBG not funded with CDBG Grant $79,750$50,000$60,000 Request $132,000$219,295 N/A 89/10093/10089/10093/10080/100 the Average Application Score $90,000$67,500 $450,000$292,500 ontingencies if City Council accepts Project Name HOPE Inc. Job Training ProgramHaddon Park Accessible Playground SurfacingPedestrian Priority Network Infrastructure ImprovementsWeatherization and Minor Home RepairBE$T (microenterprise job training program) Review Committee (PRC) recommendation for funding c Projectrecommendation 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. 2022 Community Development Block Grant Applications for Funding 2022 Estimated Entitlement Funding for Grant Administration (20%)Funding for Public ServiceJob Training (up to 15%)Funding for Capital Projects and Microenterprise Programs Funding Category / ApplicantGrant Administration (20% of Entitlement)Job Training Projects ("Public Services")Capital Projects & Microenterprise:To tal All Categories City of Bremerton CDBG Block Grant AdministrationThe Coffee OasisCity of Bremerton Parks DepartmentCity of Bremerton Public Works & Utilities Kitsap Community ResourcesKitsap Community Resources*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 ofthese funds to support work that implements the intention of funding. RESOLUTION NO. A RESOLUTIONof the CityCouncilof theCityof Bremerton,Washington,approvingthe2022CDBG/HOME Funding Recommendations for inclusion in the 2022 CDBG/HOME ActionPlan,andimplementingProjectReviewCommittee(PRC) Act (ARPA) funding. WHEREAS, the City of Bremerton is an entitlement community which receives a Community DevelopmentBlock Grant (CDBG) each year from the Department of Housing and Urban Development Partnerships (HOME)program through its participation in theKitsap CountyHOME Consortium;and WHEREAS, the City of Bremerton has established a mandatory Policy Plan for and review processes, eligibility, and implementation requirements for grant funded projects;and WHEREAS, the City of Bremerton conducts a competitive annual processbased on the Policy Planto determine allocation of CDBG and HOME entitlement; and WHEREAS, the City of Bremerton2022Policy Plan citizen participation plan establishes aProject ReviewCommitteeto 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, andallwereforwarded to the Project ReviewCommittee; and WHEREAS, theCDBG Project Review Committee has reviewed, interviewed and discussed each of the eligible funding requestsand formulated funding recommendations and afunding 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 1 th WHEREAS, the City of Bremerton Block Grant staff on Friday, September 10, 2021, posted the recommendations to the City of Bremertonand advertised in the th Kitsap Sun a 30-day written public comment period commencing September 10 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 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. 2 _________________________________ KEVIN GORMAN, Council President APPROVED AS TO FORM: ATTEST: __________________________________ ________________________________ KYLIE FINNELL, City Attorney ANGELA HOOVER, City Clerk 3 $90,000 $50,000 $67,500 $132,000 $110,500 $450,000 bƚƷ ŅǒƓķĻķ If NO ARPA funding PRC BACKUP utlilized, and only CDBG RECOMMENDATION Funding is awarded then Exhibit A $90,000 $132,000$219,295 $441,295 PRC PREFERRED RECOMMENDATION CDBG AWARD ƓƚƷ ŅǒƓķĻķ ǞźƷŷ /5.DƓƚƷ ŅǒƓķĻķ ǞźƷŷ /5.D ƓƚƷ ŅǒƓķĻķ ǞźƷŷ /5.D Grant $79,750$50,000$60,000 Request $132,000$219,295 N/A 89/10093/10089/10093/10080/100 the Average Application Score $90,000$67,500 $292,500 $450,000 ontingencies if City Council accepts not accept grant awards with ARPA funding: Project Name HOPE Inc. Job Training ProgramHaddon Park Accessible Playground SurfacingPedestrian Priority Network Infrastructure ImprovementsWeatherization and Minor Home RepairBE$T (microenterprise job training program) scenarios outlined above: Review Committee (PRC) recommendation for funding c Projectrecommendation 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 contingencies beyond the If anything beyond these contingencies then the Project REview Committee will reconvene PRC recommendation for contingencies if City Council doesIf 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. 2022 Community Development Block Grant Applications for Funding 2022 Estimated Entitlement Funding for Grant Administration (20%)Funding for Public ServiceJob Training (up to 15%)Funding for Capital Projects and Microenterprise Programs Funding Category / ApplicantGrant Administration (20% of Entitlement)City of Bremerton CDBG Block Grant Administration Job Training Projects ("Public Services")The Coffee Oasis Capital Projects & Microenterprise:Ci ty of Bremerton Parks DepartmentCity of Bremerton Public Works & Utilities Kitsap Community ResourcesKitsap Community Resources Total All Categories KITSAP COUNTY BLOCK GRANT PROGRAM Department of Human Services 2021 Grant Recommendation Commitee Funding Recommendations City of Bremerton HOME Program Exhibit B 2022 HOME FUNDING RECOMMENDATIONS Bremerton HOMERequested AmountRecommendations Kitsap Community Resources (KCR) - Manette Housing400,000203,039.10 Totals$400,000$203,039.10 *Any increase or decrease to Bremerton HOME Funding will be applied to the KCR Manette Project. KITSAP COMMUNITY RESOURCES (KCR) ğƒƚǒƓƷ ƚŅ ƩĻƨǒĻƭƷʹ 9 Units Manette Long Term Low-Income Housing υ 400000 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. APRAAPRA $50,000$60,000 $79,750 $189,750 not funded with not funded with ARPA* AWARD Exhibit C PRC PREFERRED RECOMMENDATION Grant $79,750$50,000$60,000 Request $132,000$219,295 N/A 89/10093/10089/10093/10080/100 Average Application Score $189,750 Project Name HOPE Inc. Job Training ProgramHaddon Park Accessible Playground SurfacingPedestrian Priority Network Infrastructure ImprovementsWeatherization and Minor Home RepairBE$T (microenterprise job training program) 2022 American Rescue Plan Act Recommendations for Funding 2022 Amount AvailableFunding Category / ApplicantGrant Administration (20% of Entitlement)Job Training Projects ("Public Services")Capital Projects & Microenterprise:Total All Categories City of Bremerton CDBG Block Grant AdministrationThe Coffee OasisCity of Bremerton Parks DepartmentCity of Bremerton Public Works & Utilities Kitsap Community ResourcesKitsap Community Resources*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. $1 Exhibit D CDBG STAFF ADMINISTRATION FUNDING Grant administration is the general management and coordination of the CDBG/HOME programs, including federal regulation compliance, annual monitoring, citizen participation and development of other sources of funding for community development. 20% of our CDBG entitlement plus program income may be used for planning and administratve costs to deliver the CDBG program requirements. Those funds not being used for administration and planing purposes will be rolled into project use. MICROENTERPRISE FUNDINGKitsap Community Resources: Business Education Support and Training The BE$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. CDBG CAPITAL FUNDING Bremerton Parks and Recreation Department: Haddon Park Accessible Playground 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. WEATHERIZATION AND MINOR HOME REPAIRKitsap Community Resources-Weatherization and Minor Home Repair 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.JOB TRAINING PROGRAM FUNDINGCoffee Oasis-HOPE Inc. Program 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. FUNDING RECOMMENDATIONS FOR INSERTION INTO THE 2022 CDBG/HOME ACTION PLAN 2022 City of Bremerton Community Development Block Grant Program $90,000$67,500 $292,500 $450,000 2021. 2022 Estimated Entitlement Funding for Grant Administration (20%)Funding for Public ServiceJob Training (up to 15%)Funding for Capital Projects and Microenterprise Programs $90,000 $132,000$219,295 $441,295 CDBG AWARD PRC PREFERRED not funded with CDBGnot funded with CDBGnot funded with CDBG RECOMMENDATION $79,750 $50,000 $60,000 $132,000 $219,295 Grant Request N/A Score 89/10093/10089/10093/10080/100 Average Application Project Name HOPE Inc. Job Training ProgramHaddon Park Accessible Playground SurfacingPedestrian Priority Network Infrastructure ImprovementsWeatherization and Minor Home RepairBE$T (microenterprise job training program) : Microenterprise 2022 Community Development Block Grant Applications for Funding Grant Administration (20% of Entitlement)City of Bremerton CDBG Block Grant Administration Job Training Projects ("Public Services") Funding Category / Applicant The Coffee Oasis Capital Projects & City of Bremerton Parks DepartmentCity of Bremerton Public Works & Utilities Kitsap Community ResourcesKitsap Community Resources Total All Categories $79,750$50,000$60,000 $189,750 ARPA* AWARD not funded with APRAnot funded with APRA PRC PREFERRED RECOMMENDATION households and businesses. The Project Review Grant $79,750 $50,000 $60,000 for $132,000 $219,295 Request N/A 89/10093/10089/10093/10080/100 Score Average Application $189,750 Project Name HOPE Inc. Job Training ProgramHaddon Park Accessible Playground SurfacingPedestrian Priority Network Infrastructure ImprovementsWeatherization and Minor Home RepairBE$T (microenterprise job training program) 2022 American Rescue Plan Act Recommendations for Funding Grant Administration (20% of Entitlement)City of Bremerton CDBG Block Grant Administration Job Training Projects ("Public Services")*ARPA is the American Rescue Plan Act that provided grant funding to the City of Bremerton to address economic stabilization Committee recommends utilizing some of these funds to support work that implements the intention of funding. 2022 Amount AvailableFunding Category / Applicant The Coffee Oasis Capital Projects & Microenterprise:City of Bremerton Parks DepartmentCity of Bremerton Public Works & Utilities Kitsap Community ResourcesKitsap Community Resources Total All Categories and . hour gal- risk and homeless youth. Project will provide 6 weeks of job wide BE$T plans to assist 80 new businesses and create 40 - - income individuals and those with limited funds who are interested in mastering the - HOPE Inc. Program - CDBG STAFF ADMINISTRATION FUNDING Grant administration is the general management and coordination of the CDBG/HOME programs, including federal regulation compliance, annual monitoring, citizen participation and development of other sources of funding for community development. 20% of our CDBG entitlement plus program income may be used for planning and administrative costs to deliver the CDBG program requirements. Those funds not being used for administration and planning purposes will be rolled into project use. MICROENTERPRISE FUNDING Kitsap Community Resources: Business Education Support and Training The BE$T program is designed for lowskills necessary to start or expand their own business. Programnew 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, lecoaching sessions, workshops on business, financials, communication and social media topics, operational costs associated with the program, services, facilities and management, and helping grads find access to capital to grow their businesses JOB TRAINING PROGRAM FUNDING Coffee Oasis Funds will be used to provide comprehensive job training for atpreparation 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 100internship at a local business, and 17 will acquire employment six months after participating in the program. ) - ty ill uch oor afe s s r d gh cope is hi t s on and ll . accessible pathways and - home place to recreate and play. This grant w - to - down play equipment, rusted restroom, non - Weatherization and Minor Home Repair - Pedestrian Priority Network Infrastructure Improvements - Bremerton Parks and Recreation Department: Haddon Park Accessible Playground Haddon Park is an aging neighborhood park located near Anderson Cove, an underserved area in West Bremerton and sits on a 3acre parcel. The site contains a small parking area, brokensports court and no picnic shelter. Currently no part of the park is ADA accessible. The park's renovation is identified as apriority with the goal to provide the neighborhood a safe, accessible and closefund the artificial playground grass which is an accessible playground surfacing that is safe for kids to play on, soft to fawheelchair accessible so that everyone, regardless of ability, can use and enjoy the new playground at Haddon Park Bremerton Public Works This project would construct approximately 445 lineal feet of sidewalk, 20 curb ramps, and other necessary associated street improvements. These improvements would repair hazardous sidewalk conditions and create improved access for pedestrians of allages and abilities, remove barriers for those with disabilities, and provide connected corridors for foot traffic. The projecalso focused on the pedestrian priority network and previously identified economically distressed parts of the City. Kitsap Community Resources Funds will be used to provide weatherization and minor home repair services for 6 homes (both owner occupied and rental unitswithin the City of Bremerton. This will include installing measures which improve energy efficiency such as insulation, blowetesting to assess heat leakage, ductless heat pumps, and combustion safety evaluation. It will also include minor home repairas replacement of a leaking roof, improvements which increase accessibility such as wheelchair ramps, as well as health and simprovements such as repairing wiring and plumbing. CDBG CAPITAL FUNDING WEATHERIZATION AND MINOR HOME REPAIR ental room 203,039.10 $203,039.10 . R bed - be available for Recommendations amount of request: $400000 9 Units 400,000 $400,000 bedroom units and one 3 - Requested Amount Totals City of Bremerton HOME Program 2022 HOME FUNDING RECOMMENDATIONS Manette Housing - Income Housing - bedroom units in each triplex will be one level, ADA accessible, and available for a veteran. The units will - Long Term Low Bremerton HOMEKitsap Community Resources (KCR) *Any increase or decrease to Bremerton HOME Funding will be applied to the KCR Manette Project.KITSAP COMMUNITY RESOURCES (KCR)ManetteService Area: BremertonFunds will be used for new construction of three townhouse style triplexes, each consisting of two 2unit. One of the 2households at or below 30% of area median income, prioritizing based on the Housing Solutions Center vulnerability assessmentassistance will be provided through Section 8 vouchers. the ontingencies if City Council accepts not accept grant awards with ARPA funding: Review Committee (PRC) recommendation for funding c PRC Contingencies outline anything listed above: If anything outside of these contingencies, the PRC will reconvene. Projectrecommendation to utilize 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 doesIf 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. AGENDA BILL CITY OF BREMERTON CITY COUNCIL 5B SUBJECT: Study Session Date: October 13, 2021 Public Hearing on Ordinance No. 5434 COUNCIL MEETING Date: October 20, 2021 adopting 2021 Comprehensive Plan Department: DCD Amendments; and Ordinance No. 5435 Presenter: Garrett Jackson adopting associated Zoning Code Phone: (360) 473-5289 Amendments 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. 5434 amends the Comprehensive Plan text to reflect the 2021 amendments; and 2. Ordinance No. 5435 amends the Zoning Code text to maintain consistency with the amended Comprehensive Plan. ATTACHMENTS: 1. Staff Memo 2. Proposed Ordinance No. 5434 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. 5435 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. 5434 adopting 2021 amendments to the Comprehensive Plan text. Move to pass Ordinance No. 5435 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 DEPARTMENT OF COMMUNITY DEVELOPMENT M EMORANDUM 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. 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. 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 th period for Draft Countywide Planning Policies closed on June 25 of this year, with a th public hearing being held on July 6. More recently, the Kitsap County Board of th Commissioners held a September 27 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 years 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 2 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 impacts (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 3 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. Page 4 ORDINANCE NO. ANORDINANCEof the CityCouncilof the Cityof Bremerton,Washington,forthe 2021ComprehensivePlandocket to amendthe ComprehensivePlanto addhousingdisplacement 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; WHEREAS, the Washington State GrowthManagement 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 Commissionheldaworkshop on the 2021 Comprehensive Plan amendments and associated Zoning Code changesproposal on March 15, 2021which 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 theopportunity to make comment and participate in the public hearing by the Planning Commission; and WHEREAS, on July 13, 2021,the Washington State Department ofCommerce was notifiedof the Comprehensive Plan Amendment docket for 2021; and WHEREAS, on July13, 2021,a SEPA Determination of Nonsignificance was issued for amendment docket items with a 14-day comment period; and WHEREAS, on July19, 2021,the Planning Commission conducted a public hearing on the 2021Comprehensive Plan Amendment Docket, and the Planning Commission 1 2021Comprehensive PlanAmendmentDocket: 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 -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 -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 2 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. ______ 3 2021 Comprehensive Plan Amendment Docket: Comprehensive Plan Amendments FYIJCJU!B FYIJCJU!B ¸ FYIJCJU!B p p p p p p p p p p p FYIJCJU!B FYIJCJU!C 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. Dƚğƌ IЌʹ {ǒƦƦƚƩƷ ğĭĭĻƭƭ Ʒƚ ƨǒğƌźƷǤ ğƓķ ğŅŅƚƩķğĬƌĻ ŷƚǒƭźƓŭ ŅƚƩ ğƌƌ .ƩĻƒĻƩƷƚƓ ƩĻƭźķĻƓƷƭ͵ LƒƦƌĻƒĻƓƷźƓŭ tƚƌźĭźĻƭ ŅƚƩ Dƚğƌ IЌʹ 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 e 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. City of Bremerton Comprehensive Plan H-8 Housing Element FYIJCJU!C 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. Dƚğƌ IЍʹ LƒƦƌĻƒĻƓƷ ğƓķ ĭƚƚƩķźƓğƷĻ ƭƷƩğƷĻŭźĻƭ ƷŷğƷ ƦƩƚƒƚƷĻ ƦǒĬƌźĭ ğƓķ ƦƩźǝğƷĻ ĻŅŅƚƩƷƭ Ʒƚ ŅğĭźƌźƷğƷĻ źƒƦƩƚǝĻƒĻƓƷƭ Ʒƚ ƷŷĻ ŷƚǒƭźƓŭ ƭƷƚĭƉ͵ LƒƦƌĻƒĻƓƷźƓŭ tƚƌźĭźĻƭ ŅƚƩ Dƚğƌ IЍʹ 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. City of Bremerton Comprehensive Plan H-9 Housing Element FYIJCJU!D Element 2 Land Use Designation: District Center DC (District Center) Intent This center is intended to provide a mixed- 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. City of Bremerton Comprehensive Plan LU-19 Land Use Element Element 2 FYIJCJU!D LandUse 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 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. City of Bremerton Comprehensive Plan LU-20 Land Use Element FYIJCJU!D 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. City of Bremerton Comprehensive Plan LU-21 Land Use Element ORDINANCE NO. 5435 AN ORDINANCEof the City Council of the City of Bremerton, Washington, for the 2021Comprehensive Plan Amendment docket to amend the Zoning code for consistency with the Charleston Area-wide Planning Studyin 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 conductedaworkshop on the 2021 Comprehensive Plan amendments and associated Zoning Code changesproposal on March15, 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 notifiedof 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 2021Comprehensive Plan Amendment Docket, and the Planning Commission recommended the City Council adoptamendmentsas presentedhere in this ordinance; and WHEREAS, on October 6, 2021, thepublic 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, 2021the City Council conducted a public hearing and considered all testimony prior to their decision; and 1 Zoning Code Amendments for the 2021Comprehensive Plan Amendment Docket WHEREAS, on the October 20, 2021the City Council adoptedOrdinance No. 5434whichamended the City’s Comprehensive Plan and those amendmentsrequire 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 CITYOF 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 20.70.040of the Bremerton Municipal Code entitled “Conditional Uses”is hereby added to readas 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, orother 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. 2 Zoning Code Amendments for the 2021Comprehensive 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 bepermitted. (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 20.70.080of the Bremerton Municipal Code entitled “Parking Requirements”is hereby amended to readas follows: 20.70.080PARKING 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 3 Zoning Code Amendments for the 2021Comprehensive 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 provisionof 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. SECTION6.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. 4 Zoning Code Amendments for the 2021Comprehensive Plan Amendment Docket KEVIN GORMAN, Council President Approved this ___________ day of ____________________, 2021. GREG WHEELER, Mayor ATTEST:APPROVED AS TO FORM: ANGELA HOOVER, City ClerkKYLIE FINNELL, City Attorney PUBLISHED the________ day of ______________________, 2021. EFFECTIVE the_________day of ______________________, 2021. ORDINANCE NO. ______ 5 Zoning Code Amendments for the 2021Comprehensive Plan Amendment Docket From:Anna Mockler To:City Council;Greg Wheeler Subject:Outreach Flyer for Public Hearing 10/20 Date:Monday, October 18, 2021 12:31:35 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Council, I submit to you that the attached flyer from Planning is ineffective and even misleadingoutreach. Further, that amending zoning code to allow more light industry is contrary to theComprehensive Plan’s pedestrian focus, Director Spencer’s vision, and the voice of thecommunity of Bremerton residents. You all know that I follow Council closely. Even I had to do some research on this one. From what I saw at Council 10/13, the proposed amendments will 1) remove parking requirementsfor additional residential units of 10 or fewer; 2) allow and apparently encourage lightindustrial use like the large naval contractor on 1100 block of Wycoff; and 3) allow foodtrucks “in a parking area across from Safeway”. All of that could easily have been put into this outreach flyer. Instead, a link is provided to987/ Zoning Amendments. But the matters under discussion are not found there. Determinedsearch on everything clickable leads you to the July 19, 2021 Planning Commission meeting.That is where the public could find, among other extraneous matter, the three proposedamendments. Two comments from that 7/19 meeting are relevant, I think. Garrett Jackson "clarified thatlight industrial uses are uses that do not require interaction with the public.” "Director Spencer commented that the purpose of the proposed amendments is to get more people out and about. Getting more people out on the streets reduces crime and increases pedestrian activity betweenthe buildings on Callow Avenue." A use that does not require interaction with the public will NOT get more people out andabout. I live <300’ from the Wycoff Ave naval contractor. Employees arrive in the morningand depart by 5pm. From 5pm to 8am, the parking lot and building are a large blank space.There are no eyes on the street, as Jane Jacobs says. Fastenall, the fine carpentry shop, Unique Experience — all existing light industrial uses along Callow. From 5pm to 8 am, these are large blank spaces along Callow Ave. What Mr Jacksoncalls “personal services” — drycleaner, copy shop, cafe, burrito shop, etc. — would get peopleout and about and increase pedestrian activity. I am talking to many people these days. They want a vital downtown and would love the kindof Callow Ave / Charleston that Director Spencer described. This is a natural shopping districtfor my area. This outreach didn’t reach the many voters who want a revivified Callow Ave.When Mr Jackson said on 10/13 that “the community” called out relaxing parkingrequirements for residential development as an issue, I’m pretty sure that the community herefers to isn’t the one I’m speaking to. Planning didn’t intend to mislead. When you’re in a field, it’s fatally easy to use its jargon. Outreach has to be in plain language, though, to be effective. In this case, it’s easy to imaginethat Planning considers that its mass mailing was widespread, but the community just won’t I strongly urge you to vote against Amendment #2, which expands light industrial use in this corridor. Amendment #1, which allows temporary food trucks, makes no sense to me as Iknow of no parking lot opposite Safeway, the area Mr Jackson proposed for them on 10/13. Amendment #3, which relaxes parking requirements for residential requirements, seems mootto me. But it would have been nice for the public to have understood the nature of thisHearing, and to have had the chance to make informed comments on it. Sorry to be so long-winded. Don’t have time right now to edit properly. Yours, Anna Mockler 1123 N Cambrian Ave Bremerton WA 98312 360.509.8280 upstream@riseup.net October 20, 2021 Public Hearing Amendment Docket Presenter: Garrett Jackson, Planning Manager 2021 Comprehensive Plan (Ord. 5434) Housing DisplacementCharleston District CenterCharleston District Center 1.2.1. Zoning Code Updates (Ord. 5435) Two Ordinances, One Hearing Comprehensive Plan Updates Code Update Process and bears a reasonable relationship to benefitting the public health, safety and welfare.It does not conflict with other City, state and federal codes, regulations and ordinances. (1) The amendment is consistent with the Growth Management Act;(2) The amendment is consistent with the Comprehensive Plan or other goals or policies of the City;(3) If the amendment was reviewed but not adopted as a part of a previous proposal, circumstances related to the proposed amendment have significantly changed, or the needs of the City have changed, which support an amendment;(4) The amendment is compatible with existing or planned land uses and the surrounding development pattern; and(5)(1) It is consistent with the goals and policies of the Comprehensive Plan; and(2) PLEASE SEE PLANNING COMMISSION FINDINGS & CONCLUSIONS FOR COMPLETE REVIEW COMPREHENSIVE PLAN AMENDMENTSBMC 20.10.080 The Planning Commission may recommend, and the City Council may adopt or adopt with modifications, an amendment to the Comprehensive Plan if:(b) All the following criteria have been met:ZONING CODE AMENDMENTSBMC 20.18.020(d) A text amendment may be approved if it is found that: https://www.codepublishing.com/WA/Bremerton/#!/Bremerton20/Bremerton20.html HOUSING DISPLACEMENT #1 COMPREHENSIVE PLAN AMENDMENT use - Regional Planning income households that may result from planning, public investments, private - http://www.kitsapregionalcouncil.org/land 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. 6 Displacement: As the region continues to grow, population and employment growth is focused within - Kitsap Regional Coordinating Council (KRCC)Countywide Planning Policies Element F. Contiguous, Compatible, and Orderly Development (D).Dour urban areas. As redevelopment takes place, however, there is a potential for physical, economic, and cultural displacement of lowredevelopment, and market pressures. As important planning, transportation, and redevelopment takes place: mapping - risk - https://www.psrc.org/displacement PSRC Housing Displacement Risk vulnerable - income resident's - low and low - Proposed Amendment Language Housing Element, Implementing Policy H3(F): The City shall implement measures to mitigate displacement of extremelyhousing when new development occurs on sites that have existing units that house the City's most incomepopulation. CHARLESTON DISTRICT CENTER #2 COMPREHENSIVE PLAN AMENDMENT PDF?bidId= - Report - Planning - Areawide - wide Planning Study (CAPS) - Charleston Area Community Vision Statement: 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. http://www.bremertonwa.gov/DocumentCenter/View/8221/Charleston PDF?bidId= - Report - Planning - Areawide - wide Planning Study (CAPS) - Capital Facilities Charleston Area http://www.bremertonwa.gov/DocumentCenter/View/8221/Charleston PDF?bidId= - Report - Planning - Areawide - wide Planning Study (CAPS) - Capital Facilities Charleston Area http://www.bremertonwa.gov/DocumentCenter/View/8221/Charleston PDF?bidId= - Report - Planning - Areawide - wide Planning Study (CAPS) - Capital Facilities Charleston Area http://www.bremertonwa.gov/DocumentCenter/View/8221/Charleston PDF?bidId= - Report - Planning - Areawide - wide Planning Study (CAPS) - Capital Facilities Charleston Area http://www.bremertonwa.gov/DocumentCenter/View/8221/Charleston PDF?bidId= - Report - Planning - Areawide - wide Planning Study (CAPS) - Temporary Uses Regulatory Flexibility Charleston Area http://www.bremertonwa.gov/DocumentCenter/View/8221/Charleston PDF?bidId= - Report - Planning - Areawide - Uses wide Planning Study (CAPS) - Light Industrial Regulatory Flexibility Charleston Area http://www.bremertonwa.gov/DocumentCenter/View/8221/Charleston PDF?bidId= - Report - Planning - Areawide - Uses wide Planning Study (CAPS) - Light Industrial Regulatory Flexibility New ideas require old buildingsHigh demand for industrial space (CAPS)Overlay for indoor light manufacturing (CAPS) Charleston Area http://www.bremertonwa.gov/DocumentCenter/View/8221/Charleston PDF?bidId= - Report - Planning - Areawide - little or no potential Uses wide Planning Study (CAPS) - Light Industrial Regulatory Flexibility of creating noise, smoke, dust, vibration or other environmental Charleston Area http://www.bremertonwa.gov/DocumentCenter/View/8221/Charleston PDF?bidId= - Report - Planning - Areawide - Residential Parking Permit wide Planning Study (CAPS) - Regulatory Flexibility Existing BuildingsCurrent Code RequirementsEconomic FeasibilityNot eligible for Parking Standards for Infill Projects Charleston Area http://www.bremertonwa.gov/DocumentCenter/View/8221/Charleston wide Planning Study. - DC(D): In the Charleston District Center, provide additional DC(E): In the Charleston District Center, consider potential -- Proposed Amendment Language Land Use Element, Implementing Policies: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.LU2flexibility for temporary uses, parking standards for infill projects, and allowed uses for light industrial and live/work occupancy types in select areas.LU2private and public investments in improved streetscapes, recreational opportunities, and open space as identified in the Charleston Area ZONING CODE AMENDMENTS District Center Core (DCC) Zone motorized vehicle, - Mobile Vending Unit. , Temporary Uses 7AM to 10PM; except weekends District Center Core (DCC) Zone Onsite fromNo obnoxious odors, noise, or other environmental impacts shall be detectable off siteResponsible for any trash originating from the site and onsite sanitationFlexible parking and landscaping standardsConditions can be imposed to ensure potential impacts are mitigated BMC 20.70.040 Conditional Uses A Mobile Vending Unit is defined as any motorized or nontrailer, 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. Uses Light Industrial use requirements when including residential - Conditional Uses, Light Industrial Uses District Center Core (DCC) Zone xcluded from mixed Limited geographical area No obnoxious odors, noise, or other environmental impacts shall be detectable off siteNo commercial storage permittedOutdoor storage is prohibitedMarijuana production/processing is prohibitedE BMC 20.70.040 Uses District Center Core (DCC) Zone Light Industrial street parking - Parking Standards for Infill Projects exempt from providing additional off use must be maintained - District Center Core (DCC) Zone are xempt from substantial destruction requirements Projects adding up to 10 residential units and/or expanding up to 25% gsfEMixedNo existing parking or required landscaping removedNot eligible for Residential Parking Permit BMC 20.70.080 Parking Standards Questions? was unanimous. Staff and Planning Commissioner The Planning Commission recommendation for approval Jeff Coughlin are available for any needed clarification. AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Professional Services Study SessionDate: October 13, 2021 Agreement with River Oaks COUNCIL MEETING Date: October 20, 2021 Communications for Cable Services Public Department: Finance Survey, Community Needs Assessment Presenter: Jon Rauch and Franchise enewal egal ervices Phone: (360) 473-5306 SUMMARY:The10-year Franchise agreement between theCity of Bremerton andComcast 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 PresentationFull Presentation General Business Public Hearing STUDY SESSION ACTION: Consent Agenda 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 PROFESSIONAL SERVICES AGREEMENT with the City of Bremerton for Telecommunications Public Survey, Community Needs Assessment, and Franchise Renewal services River Oaks Communications Corporation 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 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 1 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 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 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 , 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 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 2 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. liability insurance (if - 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 3 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 any operations, liabilities and obligations to which coverage applies. It shall be an affirmative -5161, or by th certified mail, return receipt requested to City of Bremerton, Attn: Risk Management, 345 6 Street, Suite 100, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy set out herein, and failure to do so shall be construed to be a breach of this Agreement. The City 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- responsibility to require and confirm that each sub-consultant or sub-contractor meets the minimum insurance requirements specified above. The Consultant shall, upon demand of the City, deliver to the City copies of such policy or policies of insurance and the receipts for payment of premiums thereon. VII. General Conditions: A. Reports and Information: When requested by the City, Consultant shall furnish periodic reports and documents on matters covered by this Agreement. The reports and documents shall be furnished in the time and form requested. Consultant shall maintain accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to substantiate all billed amounts. B. Ownership and Use of Records and Documents: Original documents, drawings, designs and reports, including those in electronic format, developed under this Agreement are the property of the City. All written information submitted by the City to the Consultant in connection with the services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at least the same extent as the Consultant safeguards like information relating to its own business. 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 4 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 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 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 5 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 th 345 6 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. In the event of litigation to enforce any of the terms or provisions 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 6 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) -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 7 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 Page 8 of 8 Bremerton/\[River Oaks\] Telecommunications Public Survey, CNA, and Franchise Renewal services Rev. 06/2020 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. 1 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 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 meetings. 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. 2 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 3 Specifically, River Oaks,CBG and Dr. Book will work as a highly effective expert team to perform and analyze an online/written-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). 4 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. 5 Consultant will work with the Cityto 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 todevelop 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 6 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. 7 Task2.9Deliverables: 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: Њ͵ 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. Ћ͵ 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 8 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 -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 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 Regulations 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. 9 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 10 as amended (29 U.S.C. §794d) and the Revised 508 Standards. 11 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; FebruaryMay 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) 12 FranchiseAgreementNegotiationplanoutline(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. 13 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 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 $199,139. To all the foregoing, including all Forms contained in this RFP, said Proposer further agrees to complete the WORK required under the RFP Documents within the Contract Time stipulated in said Documents, and to accept in full payment therefore the Contract Price based on the Total Proposal Price. Date: June 25, 2021 Company Name: River Oaks Communications Corporation By: Title: Thomas F. Duchen, President (Printed Name and Signature) 14 CONTACTINFORMATION Name of Primary Contact: Thomas F. Duchen, President UBI #: 602-230-451 Telephone: 719-577-4881 Fax number: 719-477-0818 E-mail address: tduchen@rivoaks.com SCHEDULE Telecommunications Community Needs Assessment and Franchise Renewal RFP The Schedule must be completed by the Proposer by filling in each blank in dollars and cents with numerals only. Failure to do so will render the PROPSAL non-responsive and will cause its rejection. For descriptions of the task items, see the section titled Scope of Work. Task Item # Item Description Estimated Hours Hourly Rate ($) Extended Cost ($) to Complete 23,600 1 Project Management 80 175-295 41,890 2 Community Engagement 142 175-295 59,000 3 Data Collection 200 175-295 48,675 4 Franchise Renewal Negotiation Plan 165 175-295 587 175-295 173,165 SUBTOTAL Expenses-25,974 199,139 TOTAL PRICE River Oaks Communications Corporation: By: Thomas F. Duchen, President END OF PROPOSAL FORMS 15 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. 16 AGENDA BILL CITY OF BREMERTON 6B CITY COUNCIL SUBJECT: 3rd Amendment to Professional Study Session Date: October 13, 2021 Services Agreement with BMcConsulting, COUNCIL MEETING Date: October 20, 2021 LLC for Lobbying Services 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 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 1 APPROVED AS TO FORM: ATTEST: Kylie J. Finnell, Bremerton City Attorney Angela Hoover, City Clerk R:\\Legal\\Legal\\Contracts\\EXECUTIVE\\BMcConsulting Amend .doc Professional Services Agreement - BMcConsulting, LLC 2 AGENDA BILL CITY OF BREMERTON CITY COUNCIL 6C SUBJECT: Study Session Date: October 13, 2021 Washington State Recreation and COUNCIL MEETING Date: October 20, 2021 Conservation Office (RCO) Funding Board Department: Parks & Recreation Project Agreement for the Haddon Park Presenter: Jeff Elevado Renovation Project 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 Mbgbzfuuf!Bwf/ Tff!Qmbo!Fombshfnfou Qbui Fyjtujoh! Pqfo!Mbxo Tibef!Usfft Bsfb!x0!Ofx Fyjtujoh!Usfft gps!Bddfttjcjmjuz Ofx!Qbuixbzt!Sfhsbefe! Vujmjujft Ofx!Usff! Qmboujoht!voefs! Gvuvsf Hbsefo Dpnnvojuz Ibeepo!Qbsl!Dpodfqu!Qmbo Tqpsu!Dpvsu Tubcjmj{f!Tmpqf Mboetdbqjoh!up! Sfopwbufe!Nvmuj. Fybnqmf!pg!Tifmufs Cfodift Fybnqmf!pg!Ofx!Dijmesfot!Qmbz!Bsfb Qbuixbzt Qjdojd!Tifmufs!'! Ofx!Bddfttjcmf! Dijmesfo<t! Sfubjojoh!Xbmm Qmbzhspvoe!x0! Qjdojd Ubcmft Ofx!Gfodjoh Ofx!Sftusppn Esjoljoh!Gpvoubjo Usfft Tibef! Fybnqmf!pg!Ofx!Sftusppn!'! )Spubufe!gps!mfhjcjmjuz-!xjui!jotqjsbujpobm!jnbhft* Tjhobhf Joufsqsfujwf! Bddfttjcmf!Qbsljoh!'!Fousz!Qbuixbz Sfopwbufe Bddfttjcmf Tqpsut!Dpvsu Cfodift gspn!Gvuvsf!Tjefxbml Gfbuvsft Fousz Tjhobhf Qbwfe!Bddfttjcmf!Qbsljoh Qmbo!Fombshfnfou! Bddfttjcmf!Qbuixbz!Dpoofdujoh! Gvuvsf!Qspqptfe!Tubjsxbz!Dpoofdujpo! October 20, 2021 Public Hearing Amendment Docket Presenter: Garrett Jackson, Planning Manager 2021 Comprehensive Plan (Ord. 5434) Housing DisplacementCharleston District CenterCharleston District Center 1.2.1. Zoning Code Updates (Ord. 5435) Two Ordinances, One Hearing Comprehensive Plan Updates Code Update Process and bears a reasonable relationship to benefitting the public health, safety and welfare.It does not conflict with other City, state and federal codes, regulations and ordinances. (1) The amendment is consistent with the Growth Management Act;(2) The amendment is consistent with the Comprehensive Plan or other goals or policies of the City;(3) If the amendment was reviewed but not adopted as a part of a previous proposal, circumstances related to the proposed amendment have significantly changed, or the needs of the City have changed, which support an amendment;(4) The amendment is compatible with existing or planned land uses and the surrounding development pattern; and(5)(1) It is consistent with the goals and policies of the Comprehensive Plan; and(2) PLEASE SEE PLANNING COMMISSION FINDINGS & CONCLUSIONS FOR COMPLETE REVIEW COMPREHENSIVE PLAN AMENDMENTSBMC 20.10.080 The Planning Commission may recommend, and the City Council may adopt or adopt with modifications, an amendment to the Comprehensive Plan if:(b) All the following criteria have been met:ZONING CODE AMENDMENTSBMC 20.18.020(d) A text amendment may be approved if it is found that: https://www.codepublishing.com/WA/Bremerton/#!/Bremerton20/Bremerton20.html HOUSING DISPLACEMENT #1 COMPREHENSIVE PLAN AMENDMENT use - Regional Planning income households that may result from planning, public investments, private - http://www.kitsapregionalcouncil.org/land 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. 6 Displacement: As the region continues to grow, population and employment growth is focused within - Kitsap Regional Coordinating Council (KRCC)Countywide Planning Policies Element F. Contiguous, Compatible, and Orderly Development (D).Dour urban areas. As redevelopment takes place, however, there is a potential for physical, economic, and cultural displacement of lowredevelopment, and market pressures. As important planning, transportation, and redevelopment takes place: mapping - risk - https://www.psrc.org/displacement PSRC Housing Displacement Risk vulnerable - income resident's - low and low - Proposed Amendment Language Housing Element, Implementing Policy H3(F): The City shall implement measures to mitigate displacement of extremelyhousing when new development occurs on sites that have existing units that house the City's most incomepopulation. CHARLESTON DISTRICT CENTER #2 COMPREHENSIVE PLAN AMENDMENT PDF?bidId= - Report - Planning - Areawide - wide Planning Study (CAPS) - Charleston Area Community Vision Statement: 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. http://www.bremertonwa.gov/DocumentCenter/View/8221/Charleston PDF?bidId= - Report - Planning - Areawide - wide Planning Study (CAPS) - Capital Facilities Charleston Area http://www.bremertonwa.gov/DocumentCenter/View/8221/Charleston PDF?bidId= - Report - Planning - Areawide - wide Planning Study (CAPS) - Capital Facilities Charleston Area http://www.bremertonwa.gov/DocumentCenter/View/8221/Charleston PDF?bidId= - Report - Planning - Areawide - wide Planning Study (CAPS) - Capital Facilities Charleston Area http://www.bremertonwa.gov/DocumentCenter/View/8221/Charleston PDF?bidId= - Report - Planning - Areawide - wide Planning Study (CAPS) - Capital Facilities Charleston Area http://www.bremertonwa.gov/DocumentCenter/View/8221/Charleston PDF?bidId= - Report - Planning - Areawide - wide Planning Study (CAPS) - Temporary Uses Regulatory Flexibility Charleston Area http://www.bremertonwa.gov/DocumentCenter/View/8221/Charleston PDF?bidId= - Report - Planning - Areawide - Uses wide Planning Study (CAPS) - Light Industrial Regulatory Flexibility Charleston Area http://www.bremertonwa.gov/DocumentCenter/View/8221/Charleston PDF?bidId= - Report - Planning - Areawide - Uses wide Planning Study (CAPS) - Light Industrial Regulatory Flexibility New ideas require old buildingsHigh demand for industrial space (CAPS)Overlay for indoor light manufacturing (CAPS) Charleston Area http://www.bremertonwa.gov/DocumentCenter/View/8221/Charleston PDF?bidId= - Report - Planning - Areawide - little or no potential Uses wide Planning Study (CAPS) - Light Industrial Regulatory Flexibility of creating noise, smoke, dust, vibration or other environmental Charleston Area http://www.bremertonwa.gov/DocumentCenter/View/8221/Charleston PDF?bidId= - Report - Planning - Areawide - Residential Parking Permit wide Planning Study (CAPS) - Regulatory Flexibility Existing BuildingsCurrent Code RequirementsEconomic FeasibilityNot eligible for Parking Standards for Infill Projects Charleston Area http://www.bremertonwa.gov/DocumentCenter/View/8221/Charleston wide Planning Study. - DC(D): In the Charleston District Center, provide additional DC(E): In the Charleston District Center, consider potential -- Proposed Amendment Language Land Use Element, Implementing Policies: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.LU2flexibility for temporary uses, parking standards for infill projects, and allowed uses for light industrial and live/work occupancy types in select areas.LU2private and public investments in improved streetscapes, recreational opportunities, and open space as identified in the Charleston Area ZONING CODE AMENDMENTS District Center Core (DCC) Zone motorized vehicle, - Mobile Vending Unit. , Temporary Uses 7AM to 10PM; except weekends District Center Core (DCC) Zone Onsite fromNo obnoxious odors, noise, or other environmental impacts shall be detectable off siteResponsible for any trash originating from the site and onsite sanitationFlexible parking and landscaping standardsConditions can be imposed to ensure potential impacts are mitigated BMC 20.70.040 Conditional Uses A Mobile Vending Unit is defined as any motorized or nontrailer, 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. Uses Light Industrial use requirements when including residential - Conditional Uses, Light Industrial Uses District Center Core (DCC) Zone xcluded from mixed Limited geographical area No obnoxious odors, noise, or other environmental impacts shall be detectable off siteNo commercial storage permittedOutdoor storage is prohibitedMarijuana production/processing is prohibitedE BMC 20.70.040 Uses District Center Core (DCC) Zone Light Industrial street parking - Parking Standards for Infill Projects exempt from providing additional off use must be maintained - District Center Core (DCC) Zone are xempt from substantial destruction requirements Projects adding up to 10 residential units and/or expanding up to 25% gsfEMixedNo existing parking or required landscaping removedNot eligible for Residential Parking Permit BMC 20.70.080 Parking Standards Questions? was unanimous. Staff and Planning Commissioner The Planning Commission recommendation for approval Jeff Coughlin are available for any needed clarification. AGENDA BILL CITY OF BREMERTON CITY COUNCIL 6D SUBJECT: Study Session Date: October 13, 2021 Public Works Agreement with Stripe-Rite, COUNCIL MEETING Date: October 20, 2021 Inc. for the 2021 Pavement Marking Project 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 PUBLIC WORKS AGREEMENT THIS AGREEMENT is entered into between the City of Bremerton, a Washington Stripe Rite, Inc. 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 i 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 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 C PUBLIC WORKS AGREEMENT Page 1 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 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. A. skilled workers or proper materials for completion of the Contract work. B. this agreement. C. - contractors or for material or labor. D. The C regulations. E. 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. commencing the Contract work. Contractor shall pay prevailing wages and comply with Chapter PUBLIC WORKS AGREEMENT Page 2 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 Labor and Industries is attached. 7. CHANGES. The City may issue a written work change directive for any change in the Contract work during the performance of this agreement. If the Contractor determines, for any reason, that a change order is necessary, Contractor must submit a written change order request should have known of the facts and events giving rise to the requested change. If the City determines that t 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. 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 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 3 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. . In spite of any protest, the Contractor shall proceed promptly with the work as the City has ordered. C. . 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 from the date Contractor knew, or should have known, of the facts giving rise to the claim. At a minimum, 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 from 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 ract work. When defects are corrected, the warranty for that portion of the work shall extend for one year form the PUBLIC WORKS AGREEMENT Page 4 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 negligence. 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 IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS 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 5 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. separately to each insured against whom claim is made or suit is brought, except with respects to 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 -5161, or by th certified mail, return receipt requested to City of Bremerton, attn: Risk Management, 345 6 Street, Suite 100, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy set out herein, and failure to do so shall be construed to be a breach of this Agreement. The City reserves the right to receive a certified copy of all the required insurance policies. 12. MISCELLANEOUS. A. Equal Employment Opportunity Statement. In the hiring of employees for the performance of work under this Agreement, the Contractor, its subcontractors, or any person acting on behalf of 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 6 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. . Contractor shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and subcontractors in 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. . To the extent not inconsistent with RCW 39.04.240, in party shall be responsible for pay defending or bringing such claim or lawsuit; however, nothing in this subsection shall limit the 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 7 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: th 8320 Barney White Road 345 6 Street, Suite 100 Bremerton, WA 98312 Bremerton, WA 98337 PUBLIC WORKS AGREEMENT Page 8 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 PUBLIC WORKS AGREEMENT Page 9 of 10 (between City of Bremerton and Stripe-Rite, Inc.) Rev. 09/2021 PREVAILING WAGES Legend City Limits Selected Roadway Segment - Longitudinal Paint Line Scope © OpenStreetMap (and) contributors, CC-BY-SA • • Drawing Scale Appendix D City of Bremerton Not to Scale Longitudinal Paint Line Department of Public Works & Utilities Road Segment Exhibit Engineering Division Drawing Name / # Drawn By BHMDesign By BHMSheet 1 of 3 Date 8/25/21Checked By SJJW City Council Session October 20, 2021 2021 PAVEMENT MARKING CONTRACT Long Line Paint striping (mainly edge lines, skip and double yellow centerline channelization)and double yellow centerline channelization)Thermoplastic Hot Applied (primarily stop bars, crosswalks, letters and symbols) SCOPE Includes; Maintenance of pavement markings for over a hundred street segments Citywide RPM & PLASTIC SCOPE SCOPE LONG LINE STRIPING SCOPE SCOPE , 40 working days to complete contract (two calendar months)Construction to begin Fall/Winter 2021Work is weather dependent.Lowest Responsive Bid: Stripe Rite, Inc at $221,852.50.Budgeted in the 2021 Capital Transportation Budget ScheduleCost & Funding SCHEDULE AND BUDGET two direction roadways and - WHAT TO EXPECT Monday through Friday 9:00AM through 3:00PMSunday Through Thursday between 7:00PM through 5:00AM Two laneintersections may require short term one lane closures for thermoplastic workLane closures are allowed: Traffic Impacts Transportation - Managing Engineer Street Operations Manager 23545333 -- Project Contact: Shane Weber, P.E. (360) 473Dave Carter (360) 473 QUESTIONS? AGENDA BILL CITY OF BREMERTON 6E CITY COUNCIL SUBJECT: Ordinance No. 5436 Study Session Date: October 13, 2021 repealing Section 9A.44.110 of the COUNCIL MEETING Date: October 20, 2021 Bremerton Municipal Code entitled 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. 5436 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. 5436 repealing Section 9A.44.110 of the Bremerton Municipal Code COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 ORDINANCE NO. AN ORDINANCEof the City Council of the City of Bremerton, Washington, repealing Section 9A.44.110 of theBremerton 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 ofthe 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 1 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 ClerkKYLIE 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 Page 2of2 City Ordinance Form BMC 9A.44.110 Rev. 09/2021 Aggressive Begging AGENDA BILL 6F CITY OF BREMERTON CITY COUNCIL Added Item SUBJECT: Study Session Date: N/A Public Works Agreement with COUNCIL MEETING Date: 10/20/2021 Double D Electrical, Inc. for Police Facility Department: PW&U Gates Repairs and Replacement Presenter: Chris Mottner Phone: (360) 473-2316 SUMMARY: On October 7th, 2021 Mayor Wheeler and the Public Works Director approved an Emergency Determination to repair the gates at the Police Facility at 1025 Burwell Street that were damaged during a recent vehicle accident. Double D Electric, Inc. was contacted to perform the repairs due to their expertise in this type of work, and the City's experience with this company. Due to safety and security concerns, these repairs are being expedited. ATTACHMENTS: 1) Photographs of damaged gates. 2) Public Works Agreement with Double D Electrical, Inc. 3) Proposal from Double D Electrical, Inc. of Port Hadlock, WA. 4) Approved Emergency Determination Memorandum. FISCAL IMPACTS (Include Budgeted Amount): Total cost is $29,811.50 Including tax. Funds are available in the 2021 General Facilities - Major Maintenance Budget and could be reimbursed by restitution and / or Risk Management Funds. 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 Double D Electrical, Inc. for the gate repairs and replacement at the Police Facility in the amount of $29,811.50 including 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 Public Works and Utilities Department 100 Oyster Bay Ave. N. Bremerton, WA 98312 (360) 473-5920 FAX (360) 473-5360 MEMORANDUM DATE: October 14, 2021 SUBJECT: Written basis for Emergency Determination, per BMC 2.76.130 and RCW 39.04.280 Submitted for your approval is the basis for the Emergency Determination, as required by BMC 2.76.130 and RCW 39.04.280, in support of procurement process modification for the Replacement / Repairs to the Police Facility Chester Avenue Access Gate. This automatic vehicle gate, the lock-controlled man gate and support fencing was badly damaged and is currently in ruined and unusable condition from a recent DUI vehicular accident that happened on Saturday, September 4, 2021. Due to high security requirements, Police limited site access and delayed Police response time from the main Police Station, I have requested and fully endorse this Emergency requirement. The damages incurred, are substantial and reuse of most gate and fence components is not an option. We have great damage to the automatic vehicle gate, security fencing, safety and opening sensors devices, control wiring and connections, gate drive chain, track wheels, V track, support posts, fence posts, end posts and fence privacy slats. I have chosen Double D Electrical, Inc. for this major replacement / repair project in the amount as quoted of $ 27,350.00 plus all applicable taxes. Double D Electrical, Inc. Division and is prepared and able to provide this work ASAP at the Police Facility. The Public Works Contract with Double D Electrical, Inc. has been sent to City Legal Department for immediate review and approval. This information and the attached proposal # 24578 from Double D Electrical, Inc. provides all the requirements needed to waive competitive bidding requirements and proceed with the Emergency Determination as required to begin the damaged gate repair / replacement project as soon as possible. Recommended by: Approved by: Ejhjubmmz!tjhofe!cz!Disjt! Ejhjubmmz!tjhofe!cz!Uipnbt! Uipnbt Npuuofs Lovdlfz Ebuf;!3132/21/29!23;45;28! Ebuf;!3132/21/25!23;22;68! Lovdlfz .18(11( .18(11( __________________________ __________________________ Chris Mottner, Internal Services Manager Tom Knuckey, PW&U Director Working for and with our residents !