HomeMy WebLinkAbout04/27/2022 STUDY SESSION AGENDA PACKET
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CITY COUNCIL 345 6Street, Suite 100, Bremerton, WA 98337 Phone (360) 473-5280
WEDNESDAY, APRIL 27, 2022
CITY COUNCIL STUDY SESSION AGENDA
5:00 PM Via Zoom Webinar
Until further notice, the City Council is currently conducting all meetings via Zoom Webinar. The Study Session is open to the
public to listen in, but there will be no opportunities for input; the content of these items is subject to change; and no action is
anticipated. If approved by the Council, these items will be placed on the May 4, 2022
Members of the publicare invited to join the Zoom webinar by clicking on the following link:
https://us02web.zoom.us/j/86136389719?pwd=RE05ZG4rZGt3Uks1L1dEeXAvT0dUdz09
Or iPhone one-tap:
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Or Telephone: Dial (for higher quality, dial a number based on your current location):
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Webinar ID: 861 3638 9719
Passcode: 209823
Public questions or comments may be submitted ahead of time to City.Council@ci.bremerton.wa.us
A. BRIEFINGS ON AGENDA BILL ITEMS
1.Professional Services Agreement with Robinson Noble, Inc. for Water Rights and
Hydrogeological Technical Support
2.Professional Services and Funding Agreement with the Downtown Bremerton Association for
the Mainstreet America Program
3.Confirm Appointment of Lynn Horton to the Arts Commission
4.Confirm Appointment of Emerald Lessley to the Arts Commission
5.Confirm Appointment of Ed Coviello to the Planning Commission
6.Professional Services Agreement with Camino, Inc. for an improved online Permitting
Application Process
7.Proposed Public Hearing on Ordinance adopting revisions to the Eastside Village Subarea
Plan; and adopting the Design Review Board Process
8.Presentation on the 2020 Census and Council Redistricting
9.
10.Resolution repealing Resolution No. 3344, and adopting updating the Bremerton City Council
Rules and Procedures
B. GENERAL COUNCIL BUSINESS
o Race Equity Advisory Committee Briefing (Last meeting 4/14/2022)Chair Quinn Dennehy
o Public Works Committee Briefing (Last meeting 4/19/2022)Vice Chair Anna Mockler
o Audit Committee Briefing (Last meeting 4/25/2022)Chair Jeff Coughlin
o Finance, Investment & Parking Committee Briefing (Last meeting 4/26/2022)Chair Jennifer
Chamberlin
o Other General Council Business
C. ADJOURNMENT OF STUDY SESSION
AGENDA BILL
CITY OF BREMERTON
A1
CITY COUNCIL
SUBJECT: Study Session Date: April 27, 2022
Professional Services Agreement with COUNCIL MEETING Date: May 4, 2022
Robinson Noble, Inc. for Water Rights and
Department: Public Works & Utilities
Hydrogeological Technical Support
Presenter: Teresa Smith
Phone: (360) 473-2347
SUMMARY: This agreement provides completion of the groundwater production impact modeling
and mitigation plan as required by Washington State Department of Ecology water right preliminary
permits for Wells 9, 21, and 22 (Task 1). The agreement also provides on-call hydrogeological
services in support of production well operations and maintenance (Task 2).
ATTACHMENTS: Professional Services Agreement that sets terms and conditions, scope of work,
and deliverables.
FISCAL IMPACTS (Include Budgeted Amount): $115,000 from the Water Utility Operations
Professional Services Budget. No budget additions or changes required.
STUDY SESSION AGENDA: Limited Presentation Full Presentation
STUDY SESSION ACTION: Consent Agenda General Business Public Hearing
RECOMMENDED MOTION:
Move to approve the Professional Services Agreement with Robinson Noble, Inc. in an amount not to
exceed $115,000, 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 11/09/2021
PROFESSIONAL SERVICES AGREEMENT
Water Rights and Hydrogeological Technical Support
The City of Bremerton (“City”) and Robinson Noble, Inc.(“Consultant”), referred to
collectively as the “Parties,” enter into the following Agreement for professional services:
I.Scope:The Consultant agrees to perform the services more specifically described in the
Scope of Work, datedApril 8,2022, 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.Hof 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 X.Aof this agreement.
III.Compensation:In consideration of the services provided pursuant to this Agreement, the
City shall pay Consultant in an amount not to exceed $115,000. Consultant’s charges and bills
shall conform to the fee schedule attached hereto as Exhibit C and incorporated herein by this
reference.
The Consultant shall submit regular billing statements detailing work performed and
amount charged on each task or portion thereof. The descriptions shall conform to and fall within
the categories set out in the Scope of Work and/or Fee Schedule. Upon receipt of a conforming
billing statement, the City shall promptly process payment. PROVIDED, HOWEVER, the City
reserves the right to prioritize scoped work and accelerate and/or delay work tasks under the time
frame set forth in Section II herein. The Consultant's labor rates and billing fees shall be as
delineated in Exhibit C.
Consultant shall not perform work beyond the Scope of Work, nor shall be compensated
for such work, unless the Scope of Work or amount of compensation is modified pursuant to this
Agreement. Consultant shall only be compensated for additional services if requested pursuant to
Section I and, if not otherwise provided, such compensationshall be in accordance with Exhibit
C.
If a billing statement does not conform to this Agreement, the City may withhold payment
until the statement is brought into compliance. Such withholding does not relieve Consultant of
its obligations under this Agreement.
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Bremerton/Robinson Noble, Inc.
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IV.Relationship of Parties:Consultant represents that it is skilled in the matters addressed
in the Scope of Work and is performing independent functions and responsibilities within its field
of expertise. Consultant and its personnel are independent Consultants and not employees of the
City. Consultant and its personnel have no authority to bind the City or to control the City’s
employees and other Consultants. None of the benefits provided by the City to its employees,
including, but not limited to, compensation, insurance, and unemployment insurance are available
from the City to the employees, agents, representatives, or sub-consultants of the Consultant.
Consultant will be solely and entirely responsible for its acts and for the acts of Consultant's agents,
employees, representatives and sub-consultants during the performance of this Agreement. The
City may, during the term of this Agreement, engage other independent Consultants to perform
the same or similar work.
As an independent Consultant, Consultant is responsible for its own management. The
City’s administration and enforcement of this Agreement shall not be deemed an exercise of
managerial control over Consultant or its personnel.
As an independent Consultant,Consultant is responsible for payment of all taxes and
licensing fees necessary to perform its obligations under this Agreement. These taxes and fees
include but are not limited to State industrial insurance, Business & Occupation, State professional
licensing, and City business licensing. If any taxes or fees due the City have been declared
delinquent, the City may withhold the delinquent amount, plus any additional charges arising from
the delinquency, from any payments due Consultant.
V.Indemnification:
A.Consultant shall defend, indemnify and hold the City, its officers, officials,
employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or
suits, including all legal costs and attorney fees, arising out of or inconnection with the
performance of this Agreementexcept for that portion of the injuries and damages caused by the
City’s sole negligence,unless Consultant is conducting work pursuant to Subsection B below.
The City's review or acceptance of any of the work when completed shall not be grounds
to avoid any of these covenants of indemnification.
B.Architects, Engineers and AnyOther Professional Listed In and Performing
Services Defined in RCW 4.24.115.Should a court of competent jurisdiction determine that
Consultant’s services provided pursuanttothis 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 negligenceof the Consultant and the City, its officers,
officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to
the extent of the Consultant's negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER
OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE
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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 Insuranceevidencing:
1.Automobile Liabilityinsurance with limits no less than $1,000,000 combined
single limit per accident for bodily injury and property damage; and
2.Commercial General Liabilityinsurance 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 Liabilityinsurance with limits not less than $1,000,000 limit per
occurrence and aggregate; and
4.Professional Liabilityinsurance with limits no less than $1,000,000 limit per
occurrence/claim; and
5.Workers Compensationinsurance as statutorily required by the Industrial
Insurance Act of the State of Washington, Title 51, Revised Code of Washington
and employer's liability with limitsnot less than $1,000,000.
Any payment of deductible or self-insuredretention shall be the sole responsibility of the
Consultant.
All required policies shall be provided on an “occurrence” basis except professional
liability insurance (if required), which may be provided on a “claims-made” basis.
The City shall be namedas an additional insured on the Commercial General Liability
insurance policy, as respects work performed by or on behalf of the Consultant and a copy of an
endorsement that is acceptable to the City, which names the City as an additional insured shall be
attached to the Certificate of Insurance.The City reserves the right to receive a certified copy of
all the required insurance policies and endorsements. The City further reserves the right to reject
any unacceptable policies and/or endorsements.
The Consultant's Commercial General Liability insurance shall contain a clause stating that
coverage shall apply separately to each insured against whom claim is made or suit is brought,
except with respects to the limits of the insurer's liability.
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The Consultant's insurance shall be primary and non-contributory insurance as respects the
City and shall contain a waiver of subrogation against the City for claims arising out of any
operations, liabilities and obligations to which coverage applies. It shall be an affirmative
obligation upon Consultant to advise the City’s Risk Manager by fax at (360) 473-5161, or by
th
certified mail, return receipt requested to City of Bremerton, Attn: Risk Management, 345 6
Street, Suite 100, Bremerton, WA 98337 within two daysof the cancellation, suspension or
substantive change of any insurance policy set out herein, and failure to do so shall be construed
to be a breach of this Agreement.
The City also reserves its unqualified right to require at any time and for any reason, proof
of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence
of coverage.
In the event that the Consultant employs other consultants or contractors (sub-consultants
or sub-contractors) as part of the work covered by this Agreement, it shall be the Consultant’s
responsibility to require and confirm that each sub-consultant or sub-contractor meets the
minimum insurance requirements specified above. The Consultant shall, upon demand of the City,
deliver to the Citycopies of such policy or policies of insurance and the receipts for payment of
premiums thereon.
VII.General Conditions:
A.Reports and Information:When requested by the City, Consultant shall furnish
periodic reports and documents on matters covered by this Agreement. The reports and documents
shall be furnished in the time and form requested. Consultant shall maintain accounting records
in accordance with Generally Accepted Accounting Principles (“GAAP”) to substantiate all billed
amounts.
B.Ownership and Use of Records and Documents:Original documents, drawings,
designs and reports, including those in electronic format, developed under this Agreement are the
property of the City. All written information submitted by the City to the Consultant in connection
with the services performed by the Consultant under this Agreement will be safeguarded by the
Consultant to at least the same extent as the Consultant safeguards like information relating to its
own business. If such information is publicly available or is already in Consultant's possession or
known to it, or is rightfully obtained by the Consultant from third parties, Consultant shall bear no
responsibility for its disclosure, inadvertent or otherwise.
All data, documents and files created by Consultant under this Agreement may be stored
at Consultant's office in Tacoma, Washington. Consultant shall make such data, documents, and
files available to the City upon its request at all reasonable times for the purpose of editing,
modifying and updating as necessary until such time as the City is capable of storing such
information in the City's offices. Duplicate copies of this information shall be provided to the City
upon its request, and at reasonable cost.
All documents, including all reports, drawings, specifications, computer software or other
items prepared or furnished by Consultant pursuant to this Agreement, are instruments of service
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with respect to the project and are the property of the City. Any reuse by the City for otherthan
the specific purpose intended will be at City’s sole risk.
C.Use of Photographs and Images.Consultant shall not use or distribute photographs
or images depicting City officials, personnel, property, or equipment whether prepared by
Consultant or provided by City without prior written consent of the City. The City will not
unreasonably withhold its consent.
D.Work Performed at Consultant's Risk:Consultant shall take all precautions
necessary and shall be responsible for the safety of its employees, agents, and sub-consultants in
the performance of the work hereunder and shall utilize all protection necessary for that purpose.
All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss
of or damage to materials, tools, or other articles used or held for use in connection with the work.
E.Place of Work:The Consultant shall perform the work authorized under this
Agreement at its offices in Tacoma, Washington.Meetings with the City staff as described in
Exhibit A, Scope of Work, shall take place at the City's offices, or at locations mutually agreed
upon by the parties.
F.Entire Agreement:This Agreement and its Exhibits constitutes the entire
agreement between the Parties, and the Parties acknowledge that there are no other agreements,
written or oral, that have not been set forth in the text of this Agreement.
G.Severability:Should any part of this Agreement be found void, the balance of the
Agreement shall remain in full force and effect.
H.Modification:This Agreement may only be modified by written instrument signed
by both Parties.
I.Written Notices:All communications regarding this Agreement shall be sent to the
parties at the addresses listed below by registered or 1st class mail, or by personal service, and
shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement
or such other address as may be hereafter specified in writing.
Notices to be sent to:Notices to be sent to:
CITY:CONSULTANT:
Attn:Cami ApfelbeckAttn:James E. Hay
City of BremertonRobinson Noble, Inc.
100 Oyster Bay Ave N2105 South C Street
Bremerton, WA 98312Tacoma, WA 98402
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.
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Water Rights & Hydrogeological Technical Support
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K.Non-Waiver of Breach:The failure of the City to insist upon strict performance of
any of the covenants and agreements contained herein, or to exercise any option herein conferred
in one or more instances shall not be construed to be a waiver or relinquishment of said covenants,
agreements or options, and the same shall be and remain in full force and effect.
L.Compliance with Laws:Consultant shall comply with all applicable Federal, State,
and local laws in performing its obligations under this Agreement.
M.Choice of Law and Venue:This Agreement shall be interpreted according to the
laws of the State of Washington. Any judicial action to resolve disputes arising out of this
Agreement shall be brought in Kitsap County Superior Court.
N.Attorneys’ Fees:In the event of litigation to enforce any of the terms or provisions
herein, each party shall pay all its own costs and attorney’s fees.
O.Assignment:Any assignment of this agreement by the Contractor without the
written consent of the City shall be void.
VIII.Equal Employment Opportunity Statement:In the hiring of employees for the
performance of work under this Agreement, the Consultant, its subcontractors, or any person
acting on behalf of Consultant shall not discriminate in any employment practice on the basis of
age (40+), sex, race, creed, color, national origin, sexual orientation/gender identity, marital status,
military status, or the presence of any physical, mental or sensory disability.
IX.ADA Statement:The City of Bremerton does not discriminate on the basis ofdisability
in programs and activities, which it operates pursuant to the requirements of the Americans with
Disabilities Act of 1990, and ADA Amendments Act.This policy extends to both employment
and admission to participation in the programs, services and activities of the City of
Bremerton.Reasonable accommodation for employees or applicants for employment will be
provided.
X.Termination:This Agreement shall remain in force until completion and acceptance of
the services, terminated by written instrument upon mutual consent, or by the City of Bremerton
for convenience. This Agreement may be immediately terminated for cause by a Party if the other
Party substantially fails to perform through no fault of the terminating Party, and the non-
performing Party does not commence correction of the failure of performance within thirty (30)
days of the terminating Party’s sending notice to the non-performing Party. Any Notice by
Consultant shall include a report showing the status of all items listed in theScope 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.
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Water Rights & Hydrogeological Technical Support
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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,
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 itis or has become ineligible for certification.
Should Consultantenter 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 notdebarred,
suspended, ineligible,excluded or disqualified.
IN WITNESS WHEREOF, the parties below have executed this Agreement.
CITY:CONSULTANT:
CITY OF BREMERTONROBINSON NOBLE, INC.
By:By:
Print Name:Greg WheelerPrint Name:James E. Hay
Its:MayorIts:Principal Hydrogeologist
Date:Date:
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Bremerton/Robinson Noble, Inc.
Water Rights & Hydrogeological Technical Support
Rev. 09/2021
APPROVED AS TO FORM:ATTEST:
By:By:
Kylie J. Finnell,Bremerton City AttorneyAngela Hoover,City Clerk
R:\\Legal\\Legal\\Forms\\FORMS ON COBWEB\\Professional Services Agreement Rev. 09 2021.docx
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Bremerton/Robinson Noble, Inc.
Water Rights & Hydrogeological Technical Support
Rev. 09/2021
EXHIBIT A
SCOPE OF WORK
April 8, 2022
Water Rights and Hydrogeological Technical Support
TASK 1–Support of water right application preliminary permits for Wells 9, 21, and 22 to
include:
Finalization of acombined technical memorandum summarizing the steady-state
modeled impacts of each water right application.
Meetingswith Department of Ecology, Tribes, and City staff to discuss model results,
proposed transient-state modeling for Well 22, and the mitigation plan.
Transient-state modeling for Well 22.
A mitigation plan to offset modeled impacts, developed with City staff.
Preparation of a final technical report detailing aquifer tests (if any), groundwater
modeling, and the mitigation plan.
Subsequent revisions to the mitigation plan, if needed, based on Department of Ecology
and stakeholder responses or mitigation project feasibility issues.
TASK 2–General hydrogeological technical assistance as needed.
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Water Rights & Hydrogeological Technical Support
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EXHIBIT B
WORK SCHEDULE
Work described in this contract will commence upon signing of this contract.
The final technical report for the preliminary permits detailing aquifer characteristics,
groundwater modeling, and the mitigation planmust be ready for submittalto Department of
Ecology beforeJanuary 30, 2023.
Subsequent revisions to the mitigation plan, if needed, will take place following Department of
Ecology and stakeholder responses to the technical report.
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EXHIBIT C
FEE SCHEDULE
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AGENDA BILL
CITY OF BREMERTON
A2
CITY COUNCIL
SUBJECT: Professional Services and Study Session Date: April 27, 2022
Funding Agreement with the Downtown
COUNCIL MEETING Date: May 4, 2022
Bremerton Association for the Mainstreet
Department: Financial Services
America Program
Presenter: Melinda Monroe
Phone: (360) 473-5306
SUMMARY: The City of Bremerton and Downtown Bremerton Association (DBA) wish to enter into a
Professional Services and Funding Agreement for the Mainstreet America Program Activities. This is
a cooperative effort in which the City will reimburse DBA for implementing Mainstreet America Small
Business Marketing and support the addition of a full-time Executive Director. The funds will assist
DBA as it administers the Mainstreet America program services.
ATTACHMENTS: 1) PSA and Funding Agreement between the City of Bremerton and DBA
FISCAL IMPACTS (Include Budgeted Amount: Included in the 2022 Budget and not to exceed
amount of $50,000.
STUDY SESSION AGENDA: Limited Presentation Full Presentation
STUDY SESSION ACTION: Consent Agenda General Business Public Hearing
RECOMMENDED MOTION: Move to approve the Professional Services and Funding Agreement
with Downtown Bremerton Association, 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
PROFESSIONAL SERVICES AGREEMENT
\[DOWNTOWN BREMERTON ASSOCIATION MAINSTREET AMERICA PROGRAM
FUNDING\]
The Downtown Bremerton Association or
professional services:
I. Scope: DOWNTOWN BREMERTON ASSOCIATION shall provide the operations of
the Mainstreet America Program for the benefit of the City of Bremerton. The Mainstreet America
Program Funding description of services, attached hereto as Exhibit A, sets forth the terms of their
agreement. The City's role in this Agreement is only funding of expenses up to the compensation
amount.
II. Term: The City and the DOWNTOWN BREMERTON ASSOCIATION 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 by December 31, 2022, 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 DOWNTOWN BREMERTON ASSOCIATION in an amount not to exceed
$50,000.
DOWNTOWN BREMERTON ASSOCIATION shall submit an invoice supported by board
approved budget statements and a description of the line item expense detailing the services for
which DOWNTOWN BREMERTON ASSOCIATION has contracted and the amount paid for
DOWNTOWN BREMERTON ASSOCIATION by members for Mainstreet America activities
during the program year of 2022. Upon receipt of a conforming billing statement, the City shall
promptly process payment. If a billing statement does not conform to this Agreement, the City
may withhold payment until the statement is brought into compliance.
DOWNTOWN BREMERTON ASSOCIATION shall not be reimbursed for work beyond the
scope of this Agreement, unless the Scope is modified pursuant to section VI herein. 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 DOWNTOWN BREMERTON
ASSOCIATION of its obligations under this Agreement.
IV. Relationship of Parties: DOWNTOWN BREMERTON ASSOCIATION 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. DOWNTOWN BREMERTON ASSOCIATION
and its personnel are independent entities and not employees of the City. DOWNTOWN
BREMERTON ASSOCIATION and its personnel have no authority to bind the City or to control
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
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Bremerton/\[Downtown Bremerton Association\]
\[Mainstreet Program\]
Rev. 09/2021
DOWNTOWN BREMERTON ASSOCIATION. DOWNTOWN BREMERTON
ASSOCIATION will be solely and entirely responsible for its acts and for the acts of
DOWNTOWN BREMERTON ASSOCIATION's agents, employees, representatives and sub-
contractors during the performance of this Agreement. The City may, during the term of this
Agreement, engage other contractors independent of the DOWNTOWN BREMERTON
ASSOCIATION to perform the same or similar work.
As an independent entity, DOWNTOWN BREMERTON ASSOCIATION is responsible for its
is Agreement shall not be
deemed an exercise of managerial control over DOWNTOWN BREMERTON ASSOCIATION
or its personnel.
As an independent entity, DOWNTOWN BREMERTON ASSOCIATION 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 DOWNTOWN
BREMERTON ASSOCIATION.
.
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,
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.
Page 2 of 8
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Rev. 09/2021
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. 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
2. Liability insurance with limits not less than $1,000,000
limit per occurrence and aggregate; and
.
Any payment of deductible or self-insured retention shall be the sole responsibility of the
Consultant.
-
acceptable, with an extended-reporting
period or "tail" coverage for a three-year period after completion of the service, upon approval
from the City.
The City shall be named as an additional insured on the Commercial General Liability
insurance policy, as respects work performed by or on behalf of the Consultant and a copy of an
endorsement that is acceptable to the City, which names the City as an additional insured shall be
attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of
all the required insurance policies and endorsements. The City further reserves the right to reject
any unacceptable policies and/or endorsements.
DBA'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. if required policies cannot be provided on a
-
an extended-reporting period or "tail" coverage for a three-year period
after completion of the service, upon approval from the City.
Page 3 of 8
Bremerton/\[Downtown Bremerton Association\]
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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. If such information is publicly available or is already in Consultant's possession or
known to it, or is rightfully obtained by the Consultant from third parties, Consultant shall bear no
responsibility for its disclosure, inadvertent or otherwise.
All data, documents and files created by Consultant under this Agreement may be stored
at Consultant's office in Bremerton, Washington. Consultant shall make such data, documents,
and files available to the City upon its request at all reasonable times for the purpose of editing,
modifying and updating as necessary until such time as the City is capable of storing such
information in the City's offices. Duplicate copies of this information shall be provided to the City
upon its request, and at reasonable cost.
All documents, including all reports, drawings, specifications, computer software or other
items prepared or furnished by Consultant pursuant to this Agreement, are instruments of service
Page 4 of 8
Bremerton/\[Downtown Bremerton Association\]
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Rev. 09/2021
with respect to the project and are the property of the City. Any reuse by the City for other than
the specific purpose intended will be at
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 Bremerton, Washington. Meetings with the City staff as described in
Exhibit A, Scope of Work, shall take place at the City's offices, or at locations mutually agreed
upon by the parties.
F. Entire Agreement: This Agreement and its Exhibits constitutes the entire
agreement between the Parties, and the Parties acknowledge that there are no other agreements,
written or oral, that have not been set forth in the text of this Agreement.
G. Severability: Should any part of this Agreement be found void, the balance of the
Agreement shall remain in full force and effect.
H. Modification: This Agreement may only be modified by written instrument signed
by both Parties.
I. Written Notices: All communications regarding this Agreement shall be sent to the
parties at the addresses listed below by registered or 1st class mail, or by personal service, and
shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement
or such other address as may be hereafter specified in writing.
Notices to be sent to: Notices to be sent to:
CITY: CONSULTANT:
Attn: Contracts Administrator Attn: John Morrissey
City of Bremerton Downtown Bremerton Association
th
345 6 Street, Suite 100 PO Box 245
Bremerton, WA 98337-1891 Bremerton, WA 98337
J. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a
waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be
deemed waiver of any other right or power.
Page 5 of 8
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\[Mainstreet Program\]
Rev. 09/2021
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
herein, each party shall pay all its own costs and
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.
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.
Page 6 of 8
Bremerton/\[Downtown Bremerton Association\]
\[Mainstreet Program\]
Rev. 09/2021
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,
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 DOWNTOWN BREMERTON ASSOCIATION
By: By:
Print Name: Print Name:
Its: Its:
Date: Date:
APPROVED AS TO FORM: ATTEST:
By: By:
Page 7 of 8
Bremerton/\[Downtown Bremerton Association\]
\[Mainstreet Program\]
Rev. 09/2021
Kylie J. Finnell, Bremerton City Attorney Angela Hoover, City Clerk
EXHIBIT A: DESCRIPTION OF SERVICES
The Downtown Bremerton Association will use the Mainstreet Program funding to hire an
Executive Director and to implement on-going City of Bremerton marketing programs in support
Page 8 of 8
Bremerton/\[Downtown Bremerton Association\]
\[Mainstreet Program\]
Rev. 09/2021
AGENDA BILL
CITY OF BREMERTON
A3
CITY COUNCIL
SUBJECT: Confirm Appointment of Lynn Study Session Date: April 27, 2022
Horton to the Arts Commission
COUNCIL MEETING Date: May 4, 2022
Department: Executive
Presenter: Mayor Wheeler
Phone: (360) 473-5266
SUMMARY: The Mayor is seeking confirmation for the appointment of Lynn Horton to Position #6 on
the Bremerton Arts Commission. .
The term expires December 31, 2024. Ms. Horton has been a resident for 40+ years.
ATTACHMENTS: Ms. Hortonapplication to the Commission
FISCAL IMPACTS (Include Budgeted Amount): No Fiscal Impacts.
STUDY SESSION AGENDA: Limited Presentation Full Presentation
STUDY SESSION ACTION: Consent Agenda General Business Public Hearing
RECOMMENDED MOTION:
Move to confirm the appointment of Lynn Horton to the Arts Commission for the term expiring
December 31, 2024.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 01/02/2018
AGENDA BILL
CITY OF BREMERTON
A4
CITY COUNCIL
SUBJECT: Confirm Appointment of Study Session Date: April 27, 2022
Emerald Lessley to the Arts Commission
COUNCIL MEETING Date: May 4, 2022
Department: Executive
Presenter: Mayor Wheeler
Phone: (360) 473-5266
SUMMARY: The Mayor is seeking confirmation for the appointment of Emerald Lessley to Position
#6 on the Bremerton Arts Commission
resignation. The term expires December 31, 2024. Ms. Lessley is a two-year resident.
ATTACHMENTS: Ms. Lessley application to the Commission
FISCAL IMPACTS (Include Budgeted Amount): No Fiscal Impacts.
STUDY SESSION AGENDA: Limited Presentation Full Presentation
STUDY SESSION ACTION: Consent Agenda General Business Public Hearing
RECOMMENDED MOTION:
Move to confirm the appointment of Emerald Lessley to the Arts Commission for the term expiring
December 31, 2024.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 01/02/2018
AGENDA BILL
CITY OF BREMERTON
A5
CITY COUNCIL
SUBJECT: Confirm Appointment of Ed Study Session Date: April 27, 2022
Coviello to the Planning Commission
COUNCIL MEETING Date: May 4, 2022
Department: Executive
Presenter: Mayor Wheeler
Phone: (360) 473-5266
SUMMARY: The Mayor is seeking confirmation for the appointment of Ed Coviello to the Planning
Commission. Mr. Coviello is being appointed to Position 3 of the Commission, with a term that ends
on December 31, 2023. This is a partial term due a resignation of a member (Councilmember
vacated position). Mr. Coviello is a seven-year resident of Bremerton who has a
background in Transportation and Land Use planning.
ATTACHMENTS: Application to the committee is
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 confirm the appointment of Ed Coviello to the Planning Commission for Position 3 with the
term expiring December 31, 2023.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 01/02/2018
AGENDA BILL
CITY OF BREMERTON
A6
CITY COUNCIL
SUBJECT: Study Session Date: April 27, 2022
Professional Services Agreement with COUNCIL MEETING Date: May 4, 2022
Camino, Inc. for an improved online
Department: DCD
Permitting Application Process
Presenter: Andrea Spencer
Phone: (360) 473-5283
SUMMARY:
Since early 2020 the City began requiring all permit applications to be submitted online. Our
permitting system does not have the ideal online user-interface and it was desirable to find a
software solution to assist our customers to make the application process easier. During the
development of the 2022 Budget $50,000 was set-aside to fund a software solution to improve our
online application portal. We have researched available solutions and looked to other agencies in
Kitsap and determined that Camino Inc. had the best solution that would work well for our applicants
and staff. Kitsap County and Bainbridge Island are local agencies that also use Camino Inc. services
for their online applications. Community Development would like to move forward with a professional
services contract with Camino Inc. to improve the online permit application portal.
ATTACHMENTS:
Professional services contract with Camino Inc.
Exhibit A: Summary of Service, Appendix A Software Terms & Conditions, Appendix B - Fees
FISCAL IMPACTS (Include Budgeted Amount): DCD budget has an annual budget of
$50,000 set aside for this proposal. This is a three-year contract, with the option of ongoing renewal
of subsequent twelve-month terms. The first year of implementation it is anticipated to have an
annual cost not to exceed $26,000 and the following two years are anticipated to have an annual
cost of $21,000. The City assesses a technology fee on most permits that helps offset costs of
permitting software annual fees.
STUDY SESSION AGENDA: Limited Presentation Full Presentation
STUDY SESSION ACTION: Consent Agenda General Business Public Hearing
RECOMMENDED MOTION:
Move to approve the contract with Camino Inc. for online permitting application process 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 11/09/2021
PROFESSIONAL SERVICES AGREEMENT
\[Permit Guide/Application Portal and ID number.\]
Camino Software
I. Scope: The Consultant agrees to perform the services more specifically described in the
Scope of Work, dated _____________, 20__, 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 Appendix A; provided however, that additional time shall be granted by the City for
excusable delays or extra work as provided for in Section X.A of this agreement.
III. Compensation: In consideration of the services provided pursuant to this Agreement, the
City shall pay Consultant detailed in Appendix B of Exhibit A.
shall conform to the fee schedule attached hereto as Exhibit A 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 A.
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
A.
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
Page 1 of 7
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Rev. 09/2021
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
Consultant's indemnification against damages and expenses shall at no point exceed the total
liability insurance limit required by this Agreement ($1,000,000).
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,
officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to
the extent of the Consultant's negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER
OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE
Page 2 of 7
Bremerton/\[Camino Inc.\]
\[Permit Guide/Application Portal\]
Rev. 09/2021
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. Cyber Liability insurance with limits not less than $1,000,000 limit per occurrence
and $2,000,000 aggregate; and
4. 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.
-
The City shall be named as an additional insured on the Commercial General Liability
insurance policy, as respects work performed by or on behalf of the Consultant and a copy of an
endorsement that is acceptable to the City, which names the City as an additional insured shall be
attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of
all the required insurance policies and endorsements. The City further reserves the right to reject
any unacceptable policies and/or endorsements.
The Consultant's Commercial General Liability insurance shall contain a clause stating that
coverage shall apply separately to each insured against whom claim is made or suit is brought,
except with respects to the limits of the insurer's liability.
The Consultant's insurance shall be primary and non-contributory insurance as respects the
City and shall contain a waiver of subrogation against the City for claims arising out of any
Page 3 of 7
Bremerton/\[Camino Inc.\]
\[Permit Guide/Application Portal\]
Rev. 09/2021
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-contractors) as part of the work covered by th
responsibility to require and confirm that each sub-consultant or sub-contractor meets the
minimum insurance requirements specified above. The Consultant shall, upon demand of the City,
deliver to the City copies of such policy or policies of insurance and the receipts for payment of
premiums thereon.
VII. General Conditions:
A. Reports and Information: When requested by the City, Consultant shall furnish
periodic reports and documents on matters covered by this Agreement. The reports and documents
shall be furnished in the time and form requested. Consultant shall maintain accounting records
in accordance with Generally Accepted Accounting Principles (GAAP) to substantiate all billed
amounts.
B. Ownership and Use of Records and Documents: Original documents, drawings,
designs and reports, including those in electronic format, developed under this Agreement are the
property of the City. All written information submitted by the City to the Consultant in connection
with the services performed by the Consultant under this Agreement will be safeguarded by the
Consultant to at least the same extent as the Consultant safeguards like information relating to its
own business. If such information is publicly available or is already in Consultant's possession or
known to it, or is rightfully obtained by the Consultant from third parties, Consultant shall bear no
responsibility for its disclosure, inadvertent or otherwise.
All data, documents and files created by Consultant under this Agreement may be stored
at Consultant's office in _San Francisco, California. 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
Page 4 of 7
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\[Permit Guide/Application Portal\]
Rev. 09/2021
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 San Francisco, California. Meetings with the City staff as described in
Exhibit A, Scope of Work, shall take place at the City's offices, or at locations mutually agreed
upon by the parties.
F. Entire Agreement: This Agreement and its Exhibits constitutes the entire
agreement between the Parties, and the Parties acknowledge that there are no other agreements,
written or oral, that have not been set forth in the text of this Agreement.
G. Severability: Should any part of this Agreement be found void, the balance of the
Agreement shall remain in full force and effect.
H. Modification: This Agreement may only be modified by written instrument signed
by both Parties.
I. Written Notices: All communications regarding this Agreement shall be sent to the
parties at the addresses listed below by registered or 1st class mail, or by personal service, and
shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement
or such other address as may be hereafter specified in writing.
Notices to be sent to: Notices to be sent to:
CITY: CONSULTANT:
Attn: Andrea L. Spencer Camino, Inc.
City of Bremerton 2261 Market Street #4302
th
345 6 Street, Suite 100 San Francisco, CA 94114
Bremerton, WA 98337-1891
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
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\[Permit Guide/Application Portal\]
Rev. 09/2021
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
herein, each party shall pay all
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.
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,
Page 6 of 7
Bremerton/\[Camino Inc.\]
\[Permit Guide/Application Portal\]
Rev. 09/2021
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,
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, DCD CAMINO, INC.
By: By:
Print Name: Greg Wheeler ____ Print Name: Nate Levine__________
Its: Mayor____________________ Its: CSO_______________________
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. 09 2021.docx
Page 7 of 7
Bremerton/\[Camino Inc.\]
\[Permit Guide/Application Portal\]
Rev. 09/2021
Exhibit A
March 2022
Proposal for Bremerton, WA
Permit Guide / Application Portal
Exhibit A
Summary of Solution
Camino is a web-based solution that improves the customer experience for permit and licensing processes. Camino
software is provided through a SaaS (software as a service) model, meaning that all functionality is accessed
through the internet on a subscription basis. For this proposal Camino is excited to offer the solutions outlined
below.
Camino Guide Summary:
-
starting a building project. After first answering a series of questions, applicants will automatically receive a
customized guide containing their timeline, fees, and process for successful project completion. The Guide will also
integrate with existing GIS systems to let the applicant know whether their project is allowed in the selected zone.
By making every applicant an expert, the Camino Guide reduces errors, frees up valuable staff resources, and flags
any potential issues at the outset to ensure a faster process.
Features:
An online portal where residents can create an account and view current and historical projects.
An intelligent Guide that will ask applications a series of questions about their building project and informs
them where it is allowed and whether a permit or license is required.
If a permit or license is required, the Guide will generate a customized checklist of steps for the applicant to
follow, complete with detailed instructions.
The Guide will automatically check for zoning compliance and any other geographic factors.
The agency will be able to track all Guides that are created.
The agency will be able to configure and manage the Guide through an entirely self-service administrative
panel.
Enhancements for Application Intake:
This solution adds functionality to the Camino Guide allowing it to accept digital applications, documents and fees.
All features integrate seamlessly with the Camino Guide, taking the applicant from the research phase all the way
through starting their project.
Applicants will be able to upload files directly to a required step in the Camino Guide.
Applicants will be able to fill out digital forms when required by a given step. The values collected from
these forms can be exported for each Submission.
Review staff will be able to send an application back for changes, or mark applications as approved,
rejected, or closed.
Applicants and review staff will be able to communicate directly through Camino with our integrated
messaging feature.
Additional Scope:
No additional scope at this time
Camino1
Exhibit A
Implementation and Support Package (select one of the two
options below)
\[ \] Self-Service Implementation
For this project the customer will be configuring their own Camino implementation with guidance from the Camino
access to all system
configuration options including:
Project Type Editor
Guide Step Editor
Rule Builder
GIS Rule Configuration
Rich Text and Content Editing
The self-service implementation includes:
5 hours of training for agency staff.
1 hour per week of email, zoom or phone support for the first three months of the agreement.
1 hour per month of support after the first three months.
Camino assistance with GIS layer import.
Access to Camino knowledge base.
\[x\]Camino-led Implementation
For this project Camino will be leading and performing system configuration work during the implementation. A
Camino Implementation Manager will suggest the best service package based on the project scope (for details see
Appendix B Pricing). The service package will include:
Everything covered under the Self-Service option above.
A fixed number of hours that can be used in year one for system configuration, staff training and process
mapping.
Additional hours in future years to add system functionality, make changes to the existing configuration and
train new staff.
At the start of the implementation Camino will create a project plan with milestones. If the number of service hours
exceeds the selected package the customer can upgrade their package or purchase additional hours.
Camino2
Exhibit A
Customer Service
Service Level Agreement
Camino offers a web-based platform that is accessible from all major desktop web browsers. Camino currently
works on browser versions that are still supported by their parent company. As of the date of this proposal, the list
of supported browsers (on Windows, OSX, or Linux) is:
Chrome
Firefox
Internet Explorer / Edge
Safari
Camino guarantees 24/7 access with 99.9% uptime. Camino will occasionally bring the service down for scheduled
maintenance and updates, but never during the hours of 8am-6pm, M F.
In the event that Camino ceases operations during the term of this agreement, Camino will (upon request) provide
the customer with a full export of all customer data within 30 days of the request.
Technical Support Services
Camino will assign an Account Manager to assist with onboarding, training, and ongoing support. This
representative will be the customer primary point of contact for all requests and issues.
In order to initiate a technical support ticket, the customer must email support@camino.ai, or their designated
Account Manager or Implementation Manager. Requests made through other channels are not subject to this SLA.
Camino uses the following incident response levels:
Level 1: Mission critical error that prevents users from accessing or using the system.
Level 2: A critical feature is broken.
Level 3: All other bugs or errors.
When an issue is reported, Camino will respond within 4 hours during the hours of 8am-9pm PST, M-F. The
response will include a support ticket and estimated time to fix. Camino targets the following fix times:
Level 1 incident: 24 hours.
Level 2 incident: 48 hours.
Level 3 incident: 5 days.
Training
Camino will provide one kick-off meeting at the beginning of the implementation and up to five hours of staff
training. The customer can include whichever staff they choose in this training session.
Camino will run a monthly, two-hour virtual training webinar that all customers can access for free. Training content
will be determined by the needs of the participants.
Camino3
Exhibit A
CAMINO INC. SOFTWARE SERVICES AGREEMENT
Organization Contact Billing Contact (If Different)
Customer Name: City of Bremerton (DCD) Sarah Lynam
Contact Name: Stuart Anderson
th
Address: 345 6 St
Bremerton, WA 98337
Telephone: (360)473-5275
stuart.anderson@ci.bremerton.w
Email:
a.us
Effective Date: \[ \]
Scope of Agreement: As outlined in the above proposal.
Fees: Starting at the effective date, the customer will pay an annual fee as outlined in Appendix B for the services outlined in
the Summary.
Welcome to Camino! Thanks for using our software. This Software Agreement ("Agreement") is entered between Camino,
Inc., with its principal place of business at 2261 Market Street #4302 San Francisco, CA 94114 ("Camino"}, and you, the entity
identified above ("Customer"}, as of the Effective Date. This Agreement includes and incorporates the Camino Terms and
Conditions attached as Appendix A. By signing this Agreement, Customer acknowledges that it has reviewed, and agrees to be
legally bound by, the Camino Terms and Conditions.
Customer Camino
Signature:
Printed Name: Nate Levine
Title: CSO
Date:
Camino4
Exhibit A
Appendix A
Camino Terms and Conditions
1.SOFTWARE SERVICES
1.1 Subject to the terms and conditions of these Camino Terms and Conditions (the "Agreement"), Camino will use
commercially reasonable efforts to perform the software services (the "Software Services") identified in the applicable
Software Agreement entered into by Camino and Customer ("Software Agreement").
1.2 Customer understands that Camino's performance depends on Customer timely providing Camino with relevant
data, feedback and configuration assistance. Any dates or time periods relevant to Camino's Performance will be
extended appropriately and equitably to reflect any delays caused by Customer's failure to timely deliver any such
materials. Camino shall not be liable for any delays in performance under this Agreement resulting from Customer's
failure to meet these obligations.
2.RESTRICTIONS AND RESPONSIBILITIES
2.1 This is a contract for access to the Software Services and Customer agrees not to, directly or indirectly: reverse
engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying
structure, ideas, or algorithms of the Software Services, documentation or data related to the Software Services, except
to the extent such a restriction is limited by applicable law; modify, translate, or create derivative works based on the
Software Services; or copy, rent, lease, distribute, assign, sell, or otherwise commercially exploit, transfer, or encumber
rights to the Software Services; or remove any proprietary notices.
2.2 Customer will use the Software Services only in compliance with all applicable laws and regulations (including, but
not limited to, any export restrictions).
2.3 Customer shall be responsible for obtaining and maintaining any equipment and other services needed to connect
to, access or otherwise use the Software Services and Customer shall also be responsible for (a) ensuring that such
equipment is compatible with the Software Services, (b) maintaining the security of such equipment, user accounts,
passwords and files, and (c) for all uses of Customer user accounts with or without Customer's knowledge or consent.
3.OWNERSHIP. Camino retains all right, title, and interest in the Software Services and all intellectual property rights
(including all past, present, and future rights associated with works of authorship, including exclusive exploitation rights,
copyrights, and moral rights, trademark and trade name rights and similar rights, trade secret rights, patent rights, and
any other proprietary rights in intellectual property of every kind and nature) therein.
3.1 Camino warrants that Camino is the owner of the Software Services and has the right to license it to third parties.
Camino will defend, at its expense, any action brought against Customer based on a claim that the Software Services
infringe upon a United States or Canadian patent, copyright, trade secret, or other proprietary right of a third party.
Camino agrees to indemnify Customer and hold Customer harmless against damages and costs, including attorney's
fees, finally awarded against Customer in such actions.
4.CONFIDENTIALITY. Each party (the "Receiving Party") agrees not to disclose (except as permitted herein) any
Confidential Information of the other party (the "Disclosing Party") without the Disclosing Party's prior written consent.
"Confidential Information" means all confidential business, technical, and financial information of the disclosing party
that is marked as "Confidential" or an equivalent designation or that should reasonably be understood to be confidential
given the nature of the information and/or the circumstances surrounding the disclosure (including the terms of the
applicable Software Agreement). Camino's Confidential Information includes, without limitation, the software
underlying the Software Services and all documentation relating to the Software Services. "Confidential Information"
does not include "Public Data," which is data that the Customer has previously released or would be required to release
Camino5
Exhibit A
according to applicable federal, state, or local public records laws. The Receiving Party agrees: (i) to use and disclose the
Confidential Information only in connection with this Agreement; and (ii) to protect such Confidential Information using
the measures that Receiving Party employs with respect to its own Confidential Information of a similar nature, but in no
event with less than reasonable care. Notwithstanding the foregoing, Confidential Information does not include
information that: (i) has become publicly known through no breach by the receiving party; (ii) was rightfully received by
the receiving party from a third party without restriction on use or disclosure; or (iii) is independently developed by the
Receiving Party without access to such Confidential Information. Notwithstanding the above, the Receiving Party may
disclose Confidential Information to the extent required by law or court order, provided that prior written notice of such
required disclosure and an opportunity to oppose or limit disclosure is given to the Disclosing Party.
5.PAYMENT OF FEES. The fees for the Software Services ("Fees") are set forth in the applicable Software Agreement.
Customer shall pay all Fees within thirty (30) days after the date of Camino's invoice (which Camino typically sends 45
days after the Effective Date).
6.TERM & TERMINATION
6.1 Subject to compliance with all terms and conditions, the first term of this Agreement shall be from the Effective Date
and shall continue for a period of thirty-six (36) months. At the termination of the initial term, the Customer will have
the option to renew this agreement for subsequent twelve (12) month terms. The customer will be billed on an annual
basis for each twelve (12) month term, and either party may terminate this Agreement at the end of the applicable
term, without penalty, with thirty (30) days prior written notice. If either party materially breaches any term of this
Agreement and fails to cure such breach within thirty (30) days after notice by the non-breaching party (ten (10) days in
the case of non-payment), the non-breaching party may terminate this Agreement immediately upon notice. Customer
reserves the right to cancel and terminate this agreement, without cause, upon thirty (30) days written notice to
Camino.
6.2 Upon termination, Customer will pay in full for all Software Services performed up to and including the effective date
of termination. Upon any termination of this Agreement: (a) all Software Services provided to Customer hereunder shall
immediately terminate; and (b) each party shall return to the other party or, at the other party's option, destroy all
Confidential Information of the other party in its possession.
6.3 All sections of this Agreement which by their nature should survive termination will survive termination, including,
without limitation, accrued rights to payment, confidentiality obligations, warranty disclaimers, and limitations of
liability.
7.WARRANTY AND DISCLAIMER
7.1 Camino represents and warrants that: (i) it has all right and authority necessary to enter into and perform this
Agreement; and (ii) the Software Services shall be performed in a professional and workmanlike manner in accordance
with generally prevailing industry standards.
7.2 Customer represents and warrants that (i) it has all right and authority necessary to enter into and perform this
Agreement; (ii) it owns all right, title, and interest in and to all data provided to Camino for use in and in connection with
this Agreement, or possesses the necessary authorization thereto; and (iii) Camino's use of such materials in connection
with the Software Services" will not violate the rights of any third party.
7.3 CAMINO DOES NOT WARRANT THAT THE SOFTWARE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR
DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SOFTWARE SERVICES.
EXCEPT AS SET FORTH IN THIS SECTION 8, THE SOFTWARE SERVICES ARE PROVIDED "AS IS" AND CAMINO DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,
TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Camino6
Exhibit A
8.LIMITATION OF LIABILITY. NEITHER PARTY, NOR ITS SUPPLIERS, OFFICERS, AFFILIATES, REPRESENTATIVES,
CONTRACTORS AND EMPLOYEES, SHALL BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS
AGREEMENT OR RELATED TERMS AND CONDITIONS UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER
THEORY: (A) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OF DATA OR COST OF PROCUREMENT
OF SUBSTITUTE GOODS OR SERVICES OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, PUNITIVE, INCIDENTAL,
SPECIAL, OR CONSEQUENTIAL DAMAGES; OR (C) FOR ANY MATTER BEYOND SUCH PARTY'S REASONABLE CONTROL,
EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
9.MISCELLANEOUS. Capitalized terms not otherwise defined in these Terms and Conditions have the meaning set forth
in the applicable Software Agreement. Neither party shall be held responsible or liable for any losses arising out of any
delay or failure in performance of any part of this Agreement, other than payment obligations, due to any act of god, act
of governmental authority, or due to war, riot, labor difficulty, failure of performance by any third-party service, utilities,
or equipment provider, or any other cause beyond the reasonable control of the party delayed or prevented from
names for marketing and promotional purposes in connection with Camino's website and marketing materials, subject
to Customer's trademark usage guidelines (as provided to Camino). If any provision of this Agreement is found to be
unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this
Agreement will otherwise remain in full force and effect and enforceable. This Agreement is not assignable or
transferable by either party without the other party's prior written consent, provided however that either party may
assign this Agreement to a successor to all or substantially all of its business or assets. All waivers and modifications
must be in a writing signed by both parties. No agency, partnership, joint venture, or employment is created as a result
of this Agreement and neither party has any authority of any kind to bind the other party in any respect. In any action or
proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys'
fees. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if
personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is
sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or
registered mail, return receipt requested.
10.INSURANCE. Camino shall maintain for the duration of this Agreement the following insurance:
10.1 Commercial General Liability including coverage for premises, products -and completed operations, independent
contractors/vendors, personal injury and contractual obligations with combined single limits of coverage of at least
$1,000,000 per occurrence.
10.2 Automobile Liability, including owned, non-owned and hired vehicles, with at least the following limits of liability:
(1)Primary Bodily Injury with limits of at least $500,000 per person, $1,000,000 per occurrence; and (2) Primary
Property Damage of at least $250,000 per occurrence; or (3) Combined single limits of $1,000,000 per occurrence.
10.3 Workers Compensation on a state-approved policy form providing statutory benefits as required by law with
employer's liability limits no less than $1,000,000 per accident or disease.
Appendix B
Camino7
Exhibit A
Fees
Item Includes Cost
Camino Guide Unlimited external users$10,000 / year
(information only) Includes unlimited building
project types
Features outlined in proposal
Application Intake Adds digital form and data$6,000 / year
collection functionality
Adds document upload
Adds fee processing (if desired)
Service Package $5,000 / one time only
Includes \[75\] hours for Year 1
Service Package Option for Year 2 Includes 30 hours per year$5,000 / year
and beyond
Camino8
AGENDA BILL
CITY OF BREMERTON
A7
CITY COUNCIL
SUBJECT: Study Session Date: April 27, 2022
Proposed Public Hearing on Ordinance COUNCIL MEETING Date: May 4, 2022
adopting revisions to the Eastside Village
Department: DCD
Subarea Plan; and adopting the Design
Presenter: Garrett Jackson
Review Board Process
Phone: (360) 473-5289
SUMMARY: The action before Council is to conduct a Public Hearing and adopt an Ordinance
amending the Eastside Village Subarea Plan. The Subarea Plan amendments include, but are not
limited to: increase maximum structure height, removal of maximum density requirements,
consolidation of zoning districts, and adoption of the Design Review Board process. These
amendments will better implement the Vision of the Subarea Plan, which calls for a residential
focused center with diverse, high density housing types for all ages and incomes supported by a
commercial core and flexible opportunities for employment-generating uses. The Planning
Commission has reviewed these revisions and has unanimously recommended that the Council
adopt these changes.
ATTACHMENTS:
Attachment 1: Staff Memo
Attachment 1.1 Planning Commission Minutes
Attachment 1.2 Public Comments Received
Attachment 1.3 SEPA Addendum & Revision Matrix
Attachment 2: Proposed Ordinance
Exhibit A Planning Commission Findings and Conclusions
Exhibit B Revised Eastside Village Subarea Plan
FISCAL IMPACTS (Include Budgeted Amount): None
STUDY SESSION AGENDA: Limited Presentation Full Presentation
STUDY SESSION ACTION: Consent Agenda General Business Public Hearing
RECOMMENDED MOTION:
Move to pass Ordinance No. ______ as recommended by the Planning Commission to amend the
Eastside Village Subarea Plan.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 11/09/2021
BUUBDINFOU!2
TUBGG!NFNP
DEPARTMENT OF
COMMUNITY DEVELOPMENT
M EMORANDUM
To:City Council
From: Garrett Jackson, Planning Manager
Date:May 4,2022
Subject: Eastside Village Subarea Plan Revisions
SUMMARY
The City Council will be holding a public hearing on anOrdinance thatamends the Eastside
Village Subarea Plantorevise development regulations and modify theSubarea Plan map
changes. Revisions include, but are not limited to: minor increases in height, removalof
maximum density requirements, consolidations of zoning districts, and other changes.
ATTACHMENTS:
Attachment 1.1 - Planning Commission’s Minutes:
o January 24, 2022 Workshop
o March 21, 2022 Public Hearing
Attachment 1.2 – Public Comments Received
Attachment 1.3 – SEPA Addendum and Revision Matrix(compares and categorizes
adopted plan to plan revisions)
PLANNING COMMISSION RECOMMENDATION:
Planning Commission unanimously recommended the proposed amendments at a Public
Hearing held on March21, 2022. Minutes from this meeting, as well as the workshop held on
January 2021, are attached to this report at Attachment 1.1.
EASTSIDE VILLAGE SUBAREA PLAN REVISIONS
As seen in the adjacent image, the Eastside Village Subarea Plan
(EVSAP)is located to the east of the Warren Avenue Bridge and south
of Sheridan Road. As a designated Center, this area is selected to
absorb future development in an effort to maximize infrastructure
investments and shield less intense neighborhood areas in the City.
DevelopmentoftheCenter is not only of importance locally, but also as a
component of cooperative regional planning effortsasBremerton
participates in with the Puget Sound Regional Council (PSRC). This
regional planning body is comprised of jurisdictions within King, Pierce,
Snohomish, and Kitsap Counties. Population forecasts in Vision 2050,
Memo Eastside Village Subarea Plan
which is a joint planning document developed by PSRC, indicate that the Puget Sound is
expected to add another 1.6 million people by the year 2050; which is the equivalency of two
Seattle’s.Bremerton’s Centers are an important component to absorb Kitsap’s share of this
growth.
Due to the likely change in economic conditions brought about by the departure of the Harrison
Medical Center, in 2019 the City commissioned a market study to assist in assessing how best
to proceed with area land use planningfor the Center. Among the conclusions of the market
study were to 1) ease regulatory hurdles that may impede area development, and 2) ensure that
regulatory criteria encouraged the current strong housing market.The City then began work
analyzing zoning criteria, working with development industry professionals, and engaging the
community to create a new vision for the area; this resulted in the adoptionof theEastside
Village Subarea Plan(EVSAP) in October of 2020.
The vision of the Subarea Plan isto createa vibrantarea that supports a range of uses, whose
design elements and intensity support walkable streets. Development regulations are intended
to promote construction of types of uses that support this vision and the other goals of the
Subarea Plan. Goal EV-2 of the Subarea states plainly that, “The Eastside Village is a
Center that shall accommodate a range of development to ensure anticipated citywide
growth is focused in Centers.” To ensure that adopted development regulations were
supporting anticipated types of development, policies in the Subarea Plan also call for the
continued monitoring of the implementation and execution of the vision of the Subarea.
City Staff received a number of comments from property owners within the Subarea, and
developers seeking to invest in Subarea properties, that the development regulations within the
EVSAP were not aligned with the development types that the market would support. Please see
Attachment 1.2 for public comments received. In particular, height limitations, capped density
numbers, and floor-area-ratio maximums were prohibitive to bringing new construction to the
areathat was cost-effective. As these results runcounter to the vision of the Subarea, Staff set
about consideringpotential revisions to development regulations that would better implement
EVSAP vision, goals, and policies.
DEVELOPMENT REGULATIONS
Prior to the EVSAP adoption in 2020, the previous zone was called the
Employment Center zone whose zoning regulations were tailored to
the support of Harrison Hospital and surrounding uses. Regulations of
this zone included an 80-foot height limit andno cap on permittable
density or floor-area-ratio. As this was a historically provided
entitlement, and these regulations appeared to provide a potential
reasonable alternative based on comments received, they seemed a
practical starting place for possible code updates.
The Sage Apartments, located at 2090 Wheaton Way, is an example
of an apartment project that was approved under the previous
Employment Center zoning standardsand is vested to the standards
of that zone. This project replaces a vacant asphalt site with 29new
apartment units. You may be familiar with this site as it is currently
Page 2
Memo Eastside Village Subarea Plan
under construction in the vicinity of the Bay Bowl on
lower Wheaton Way. While the previous zone had no
cap on density, the EVSAP limits densityin this areato
a maximum of 40 dwelling units per acre. The Sage
Apartments is developed at 70 dwelling units per acre,
making it non-compliant with the current Subarea. This
is a good example ofhow difficult it can be to
accurately fix a maximum density limit while promoting
development types that would be a benefit to the Subarea. As density has historically not been
capped in this zone, and it has resulted in a project that would otherwise be supported by the
vision of the Subarea, removing the density limit is
recommended with the proposed changes.
Policy EV-18 of the EVSAP calls for regulations that,
“Ensure that development standards make it simple and
cost-effective to build a variety of housing units that meet
the needs of the community.”The existing Subarea Plan is
composed of 4 total zones and 3 overlay districts; each zone
has a unique set of standards for height, density, floor-area-
ratio, design standards, and other regulations. If the standards
for height, density, and floor-area-ratio were to be uniform, then
the differences between the zones became moot. The revised
EVSAP consolidates the zoning districts to 2 total zones and 1
overlay district. Both the existing and proposed zoning maps
can be seen in the adjacent image. A more robust description of
the differences between existing individual zones, and
associated overlays, is provided in the January 24, 2022
Planning Commission Workshop Packet. A description of the
zones, proposed to be maintained, are provided below:
Multi-Use Zone(MU). This zone already represented
approximately 2/3rds of the land area of the EVSAP, and
under the proposed code that would increase to
approximately 98%.The Center Residential High Zone and
Mixed-Use Zone are absorbed in order to provide a simpler
plan with more predictable regulations within the EVSAP.
This zone is intended to allow a variety of uses, with
development regulations that promote construction activity.
To ensure development regulations are easy to understand,
and encourage development consistent with the vision of the
Subarea Plan, many of the proposed zoning regulations
reference District Center Core (DCC) Zone standards. The
DCC is experiencing positive development trends along the
Riddell Road/Wheaton Way corridor, so adoption of these
standards should provide built-in familiarity with the
Page 3
Memo Eastside Village Subarea Plan
development community, that have a proven track record of
successful implementation.This zone would have a maximum
height of 80 feet and no maximum density cap.The adjacent
imageillustrates current permitted maximum heights. The existing
CenterResidential High zone has a range of permitted maximum
heights from 55 feetto 75 feet; with properties greater than 1 acre
in size qualifying theincreasedmaximum height of75 feet.When
existing lots of at least 1 acre are figured in,approximately 75% of
the existing Subarea could build to a height of 65 to 75 feet. As
thisrepresents an increase of 5 feet to 15 feet, and as the height
limit of thepreviously adopted Employment Center zone was 80
feet, it does notappear that a substantial impact is likely from the
proposed codechange.
Center Residential Low(CRL)Zone. This zone is not
recommended to be consolidated within the Multi-Use Zone, as
the CRL Zone is intended to provide a buffer to less intense
development along the northeastern portion of the Subarea.
Existing development in this zone is comprised of single-family homes and duplexes, and the
zone acts as a buffer to similar uses along its periphery. This zone would have a maximum
height of 35 feet and a density capped at 30 dwelling units per acre; which matches
maximums permitted in the existing CRL Zone.
Multi-Use Commercial Core Overlay(MUC). The existing Subarea identifies potential
commercial areas that will be an important future presence in the community. The proposed
plan consolidates land areas associated with the Mixed-Use Zone and Mixed-Use Overlay
into one overlay. The overlay calls out areas the Subarea identifies as important to future
commercial development in a more simplified manner than the existing EVSAP.
A fuller accountingof all changes made to the Eastside Village Subarea Plan is available with
Attachment 1.3. This attachment contains the Eastside Village Subarea Plan Revision Matrix
which notes revisions, and classifies proposed changes in to six categories: 1) Clerical
Improvements, 2) Zoning Consolidation, 3) Revised Development Standards, 4) Code Updates
Outside of Subarea, 5) Repeal of Incentives Program, and 6) Process Improvements.
DESIGN REVIEW BOARD
In order to further encourage the development environment promoted by the Subarea Plan, the
Design Review Board (DRB) process per BMC 20.02.150is proposed. Currently, the DRB
process is only employed within the Downtown Subarea Plan, but it has a proven to be a valued
process for approving potential development projects in the City. The Design Review Board is
made up of Bremerton residents with a background in architecture, development, civil service,
or similar areas. The DRB is able to provide departures for projects that cannot meet specific
prescriptive code requirements, but otherwise meet the goals of the Subarea. As Bremerton is
an old and already developed City, there can be unique challenges due to preexisting lot
conditions that make compliance with prescriptive codes difficult. The success of this process is
evident, as every major project approved within the Downtown Subarea has required a
departure from the DRB. Illustrative examples will be provided with the Staff presentation to
Page 4
Memo Eastside Village Subarea Plan
ensure clarity. Applying the DRB processto the EVSAP will ensure that individual projects that
otherwise meet Subarea Plan goals are not rejected due to failure to meet exact individual
prescriptive requirements.
PUBLIC INPUT
As seen in Attachment 1.2, public feedback on the proposed changes has been largely positive.
The Planning Commission has conducted a workshop and hearing on the proposed revisions,
and staff also provided a well-attended online open house to further engage the community.
Property owners and residents within 300 feet of the Subarea were mailed notice of the
proposed changes, as well as interested parties that originally participated in the crafting of the
present Subarea Plan. Link are provided below to information provided at each of these events.
January 24, 2022 Planning Commission Workshop
February 28, 2022 Online Open House(available for download on EVSAP webpage)
March 21, 2022 Planning Commission Public Hearing
If adopted, the Code WOULD:
Better implement the vision of the Eastside Village Subarea Plan by permitting
development types consistent with the plans vision.
Increase the maximum height in the zone from a maximum of 55 to 75 feet, to a
maximum height of 80 feet.
Remove density caps (but development is still limited by height and lot coverage).
Remove floor-area-ratio maximums.
Be consistent with development types requested by property owners within the EVSAP.
If adopted, the Code WOULD NOT:
Allow development types that are more intense than historically permitted by Employment
Center zoning that was in place prior to October 2020.
Create any new parking reductions.
Page 5
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NJOVUFT
Quorum Certified
DRAFT
Subject April 18, 2022, Approval
CITY OF BREMERTON
PLANNING COMMISSION
MINUTES OF VIRTUAL MEETING
March 21, 2022
CALL TO ORDER:
Chair Tift called the regular meeting of the Bremerton Planning Commission to order at 5:31 p.m.
ROLL CALL
Commissioners Present Staff Present
Chair Tift Andrea Spencer, Director, Department of Community Development
Vice Chair Rich Garrett Jackson, Planning Manager, Department of Community Development
Commissioner Flemister Sarah Lynam, Project Assistant, Department of Community Development
Commissioner Mosiman
Commissioner Pedersen Others Present
Commissioner Wofford
Quorum Confirmed
CHAIR CALL FOR MODIFICATIONS TO AGENDA
The agenda was accepted as presented.
APPROVAL OF MINUTES
COMMISSIONER WOFFORD MOVED TO APPROVE THE MINUTES OF JANUARY 24, 2022, AS AMENDED.
COMMISSIONER RICH SECONDED THE MOTION, WHICH CARRIED UNANIMOUSLY.
PUBLIC MEETING
Call to the Public (public comments on any item not on the agenda)
Chair Tift invited comments from citizens. There were none.
Public Hearing: Revisions to the Eastside Village Subarea Plan
Mr. Jackson announced that the orders of the day are for the Planning Commission to conduct a public hearing on the
proposed revisions, receive public testimony, and provide a recommendation to the City Council. The City Council will
make the final decision. He shared a map to illustrate the borders of the Eastside Village Subarea. He reviewed that prior to
October 2020, the area was identified as the Employment Center Zone. It was a single zone, with an 80-foot maximum
height limit and no density cap. The City conducted a marketing study in 2019 to identify anticipated changes as a result of
Harrison Hospital’s relocation. In order for the area to be successful, the study recommended that the City provide a clear
approach, removal regulatory hurdles, and encourage the existing strong housing market. Based on these recommendations,
the Eastside Village Subarea Plan was adopted in October 2020 and included a Planned Action Ordinance, which streamlines
environmental permitting. The adopted subarea plan included the requirement for the City to continue to monitor the
execution of the plan to make sure its vision is implemented.
Mr. Jackson further reviewed that the Commission held a workshop on January 24, 2022, which was open to the public, to
consider the proposed revisions. At the workshop, the Commission requested more detail on how the proposal would meet
the vision of the subarea plan. They also requested that staff perform additional public outreach. Since that time, staff sent
mailings to property owners and residents within 300 feet of the subarea plan, inviting them to an online open house on
th
February 28. The open house was well attended, with a lot of questions and positive feedback.
Mr. Jackson explained that the proposed revisions are important in order for the City to implement the vision of the subarea
plan and meet its regional planning goals that are set by the Puget Sound Regional Council (PSRC), which is a regional
planning body that coordinates with Snohomish, King, Pierce and Kitsap Counties. The PSRC’s Vision 2050 forecasts that
Puget Sound will increase by 1.7 million people and 1.1 million jobs by 2050. Bremerton’s portion of that growth is
anticipated to be an additional 33,000 people and 20,000 jobs by 2050. The City’s land-use centers are intended to absorb
most of the City’s growth. The idea is to protect residential areas from intense growth and provide a more targeted approach
to utility improvements. He provided a list of all of the centers, as well as a map showing their locations.
Mr. Jackson briefly reviewed the vision statements contained in the subarea plan. One is that the subarea should be a
residentially-focused center with diverse, high-density housing types for all ages and incomes, supported by a commercial
core and flexible opportunities for employment-generated uses. Other vision statements promote walkability, inclusiveness,
and economic vibrancy. Statements indicate the need for the area to be bikeable and livable for all ages. It encourages both
commercial and residential uses and the promotion of open space and parks. He advised that the subarea plan includes 23
goals and 75 policies, including the following:
Ensure that standards are simple and cost effective to construct housing.
Ensure that there is vibrant and diverse employment, serving the City and the neighborhood.
Ensure that City growth is focused in centers by accommodating a range of development opportunities.
Promote livability, health and mixed uses.
Mr. Jackson advised that the City has received feedback from potential investors that certain development regulations in the
subarea plan are getting in the way of their ability to implement the vision. Specifically, regulations related to maximum
density, height limits, and maximum floor area ratio (FAR) are prohibitive to development. Based on this feedback, staff is
recommending the following:
The maximum building height in the subarea would be increased from 55 to 75 feet to a maximum of 80 feet.
Feedback indicates that the current height limits in the subarea plan are prohibitive to covering construction costs.
The overall difference in height would be between 5 and 15 feet for about three-quarters of the properties in the
subarea. This modest increase could mean a lot from the standpoint of constructability and feasibility of potential
projects. The International Fire and Building Codes allows for five levels of wood-frame construction over a
concrete and steel podium, and this is the most economical way to build housing. An 80-foot height limit would
allow developers to build to the highest degree possible. The Harborside Flats, Spyglass Apartments, and 606
Apartments are examples of five levels of wood-frame construction over a podium. While the previous version of
the proposal would have raised the height limit in the Center Low Residential Zone, the current proposal would
retain the 35-foot height limit.
The density cap would be eliminated. The current density cap (between 30 and 60 dwelling units per acre) is
insufficient. For example, the Sage Apartments on lower Wheaton Way was permitted under the previous
Employment Center but would not be allowed under the current subarea plan. Currently, density in the zone is
limited at 40 units per acre and the Sage Apartments is 70 units per acre. The Sage Apartments is a modestly-sized
multifamily development (4 stories, 50 feet tall) with 29 units.
The Design Review Board (DRB) process would be required to ensure a more development-friendly atmosphere and
to make planning more predictable. The DRB is composed of Bremerton residents (architects, developers, etc.) It
reviews individual projects against the requirements of the subarea plan and may grant departures from the standards
if it determines that the intent of the zone would still be met. For example, there is an odd-shaped, 4,300 square-foot
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Bremerton Planning Commission Minutes
March 21, 2022 ~ Page 2 of 7
lot that was partially encumbered by an easement for the ferry tunnel. The property was located adjacent to a park
plaza and close to the shipyard and ferry, and the applicant proposed a restaurant at the ground level for pedestrian
use, with three residential units on top. However, it was determined that the residential units would not meet the 10-
foot mid-level setback requirement. Because this infill project was so small, it would have been difficult for the
applicant to accommodate the setback and still provide three units on top. Instead of the setback, the applicant
proposed Juliet balconies, light fixtures, wood paneling and awnings to provide depth and modulation to the
building. The DRB determined that the proposal met the intent of the subarea plan by providing interest to the
façade.
Currently, there are four zones and three overlay districts. If the FAR standards are uniform, the height limit is
increased to 80 feet and the density cap is removed, it doesn’t make sense to have so many zones. Some of the
overlay districts, such as the Multi-Use Entrepreneurial Zone, existed in order to promote small business. The City
Council has since raised the Business and Occupation (B&O) Tax Exemption to $1 million, making the overlay
districts outdated. The proposed change would have two zoning districts and one overlay district, which staff
believes will accomplish the vision of the subarea plan. As proposed, the Center Residential High, Mixed-Use and
Multi-Use Zones would be consolidated into the Multi-Use Zone, and the Center Residential Low Zone would be
retained to preserve the existing low-level development. The new Multi Use Commercial Overlay District would
capture the areas that were previously under the Mixed-Use Zone and Multi-Use Commercial Overlays.
Mr. Jackson shared maps to illustrate both the existing and proposed zoning, noting that the commercial areas would expand
slightly, but the remaining subarea boundaries would remain unchanged.
Mr. Jackson summarized that the proposed changes are intended to standardize and simplify the process to make it easier for
the public and developers to understand the subarea plan requirements. To accomplish this, staff is recommending the
following:
Reducing the number of zones and overlays as previously described.
Changing the Multi Use Zoning Standards to District Center Core Zoning Standards.
Removing the Street Frontage Design Standards from Chapter 5.4.
Altering Chapter 6 Design Guidelines to transition to a chapter that the DRB can use as a guidance piece.
Removing subarea plan specific regulations that are already addressed in the Bremerton Municipal Code (BMC).
(i.e., drive-through facilities, parking, etc.) Regulations that are unique to the subarea would be retained in the
subarea plan.
Mr. Jackson reported that a number of public comments have been received, all of which were forwarded to the Planning
Commission. Most (about 80%) were in support of the proposal, but some concerns were raised, as well. He summarized
the comments as follows:
Some were not in support of the proposed increase to the maximum height limit. There is concern that the added
height will cast more shadows and impact water views. However, it is likely that a 35-foot building in the Center
Residential Low Zone would impact water views just as much.
Some people voiced concern about allowing greater density, and they believe that the current densities are sufficient
and should remain.
There was a Kitsap Sun article that advised Bremerton residents of the online open house. The article voiced
opposition to increased height and density, and suggested that .5 parking spaces per unit would be insufficient.
However, it is important to note that standard units within the subarea are required to have one parking space, but
there is a provision that allows parking to be reduced to .5 spaces per unit for developments that are restricted to
seniors only. As the comment regarding parking was a published Opinion Piece in the Kitsap Sun, it is possible that
some of the public comments were based off of inaccurate information.
There was concern that utilities would be insufficient to service this type of development. Staff spoke recently with
the City Engineer who assured that Bremerton is in a good position, utility wise, to accommodate the growth that is
expected through 2050. In addition, individual development proposals are analyzed by the Public Works
Department to ensure that all utility needs can be met.
DRAFT
Bremerton Planning Commission Minutes
March 21, 2022 ~ Page 3 of 7
Eight people who own property within the subarea commented in support of the proposal, noting that the current
regulations make planned projects infeasible and devalues property. They commented that increased height and
density is needed to justify project costs, and the proposed changes could help revitalize the neighborhood with
Harrison Hospital’s departure.
Mr. Jackson concluded his report by recommending that the Commission conduct an open public hearing and receive public
testimony and then provide a recommendation to the City Council.
Chair Tift opened the public hearing.
Michael Cowan, Bremerton, said he supports the City’s focus on revitalizing areas in the City so that services can be
provided within walking distance of where people live and people don’t have to rely so much on cars. The increased cost of
gasoline wouldn’t be such a big problem if people weren’t so reliant on cars to get where they need to go. There are currently
a lot of empty parking lots that could be developed into residential uses. He suggested that a huge golf course in his area
would be far better as a park for the whole community. He supports changes that encourage better community connections.
Mr. Goldberg, Bremerton, expressed his belief that staff has done an excellent job summarizing the proposed changes.
Removing the overlays and simplifying the zoning makes it easier for developers to understand the requirements. This
enables them to quickly move their projects forward. The proposed changes are a good step in the right direction for
Bremerton, and he believes they will result in revitalization within the subarea, making it a showcase for what can be done
elsewhere in Kitsap County.
Diane Manning, Bremerton, observed that Mr. Jackson’s comment that 80% of the public feedback was in favor of the
proposal doesn’t mean a lot without knowing how many total people commented. Although the Public Works Department
will review projects to ensure adequate utilities, the Kitsap Sun recently published an article about the increased costs
residents would have to pay for required sewer upgrades. She said she isn’t familiar with what the current capacity is and
how it is being impacted by all of the new construction. She suggested that the City should have expanded the mailed
notification to include property owners beyond 300 feet of the subarea because people within a mile of the subarea would be
impacted. She also is concerned about traffic, which is already bad on Warren Avenue and SR-303, and a lot of apartments
are being built along that stretch. She hasn’t seen any plans for infrastructure improvements.
Mr. Jackson responded that utility upgrades will be needed regardless of how many residents live in the City. However, the
more residents that are added, the more people there will be to share in these costs. He also noted that the code didn’t require
staff to send notices to property owners within 300 feet. This was added in an attempt to provide more public notice. Staff
conducted an online open house where public comments were accepted and most were positive. Four of the people who
commented were opposed to the changes, and 18 to 20 indicated support. The City has completed a corridor study for
Wheaton Way, and he agreed to post a link to the study in the chat. In addition, the Warren Avenue Bridge was recently
appropriated a substantial amount of money to make it more walkable and bike friendly. Improvements are coming to the
corridor that should increase livability and address traffic concerns. Also, each project within the subarea will be required to
pay a traffic mitigation fee based on off peak PM trips.
There were no other public comments, and Chair Tift closed the public portion of the hearing.
Commissioner Flemister commended staff for their efforts to provide additional public outreach. She said she supports the
proposed changes and is satisfied that that the process has been forthcoming and fair.
Commissioner Wofford asked if there are any plans to provide small neighborhood parks to serve the additional residents
who will live in the subarea. Mr. Jackson responded that, although the existing subarea plan map shows parks and areas of
potential future open space, these areas shouldn’t have been included in the zoning map because parks are not zones. These
areas were part of a story map feature that carried over to the zoning code as a suggestion for what might occur in the future,
but it isn’t a requirement that the properties be parks. Some of them are public areas that will very likely be developed as
parks in the future, but not all of them. However, there are indoor and outdoor open space requirements for every project
within the subarea. As residential projects come on line, they will be required to have open space areas for individual units,
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Bremerton Planning Commission Minutes
March 21, 2022 ~ Page 4 of 7
as well as exterior open space areas that could potentially be shared with the larger public. There is also a provision that
allows developers to pay an in-lieu-of fee, as negotiated with the Parks Department on a site-by-site basis.
Commissioner Wofford commented that most of the outside areas that are included as part of development are primarily for
adults. He asked if it would be possible to include a requirement and/or suggestion that at least some of the outdoor area
must be designed for children. Mr. Jackson pointed out that the Parks, Recreation and Open Space (PROS) Plan is available
on the City’s webpage. It is based on an analysis of existing parks in relation to residential areas and identifies areas that are
underserved and where parks are likely to be located in the future. In addition to guidance from the PROS Plan, the DRB
process includes an additional public process. If any potential project requests a departure, an invitation will be extended to
the public to provide feedback and suggestions. He emphasized that the subarea plan requirements are different than the
shoreline requirements. All the shoreline properties along Lower Wheaton Way would be required to provide additional
public access that is independent of the subarea plan requirements.
Commissioner Mosiman said he likes that the proposal would simplify the subarea plan. He also likes that it would increase
the density allowed. However, he is concerned that the 80-foot height limit would apply all the way to Wheaton Way and
Campbell Way, and there would be no shoreline height restriction. Although it isn’t likely, every new building, including
those along the waterfront, could be constructed up to 80 feet in height if the proposed changes are approved. In past
discussions regarding the Shoreline Master Program (SMP), the Commission emphasized a need to make sure the citizens of
Bremerton have both physical and visual access to the water. This access is one of the selling points of the City, and the
views along Wheaton Way and Campbell Way are pretty good. Allowing buildings up to 80 feet would create a visual block
akin to what exists in downtown Bremerton, and he felt the City would regret this decision. He asked if it would be possible
to place a height restriction on the properties south of Wheaton Way and Campbell Way to alleviate this concern.
Mr. Jackson responded that the SMP limits development along the shoreline to 35 feet in height, without an approved
Shoreline Conditional Use Permit from the Department of Ecology (DOE). Any individual project along the shoreline that
wants to go above 35 feet would have to obtain a permit, which would involve an additional public process. He pointed out
that some of the single-family homes on Lower Shore Drive are packed so closely together that there isn’t much a view,
either. With current development, there are no guaranteed views, as someone could add a fence or plant shrubs that block
view. However, new development is required to provide public access in perpetuity. New development must also consider
view corridors. Director Spencer added that the SMP and Shoreline Conditional Use Permit process doesn’t allow a
developer to step away from the view corridor and public access requirements. Mr. Jackson agreed that the Revised Code of
Washington (RCW) requires that views must be maintained. However, the Commission could also decide to add additional
height restrictions for these properties as part of the subarea plan.
Commissioner Pedersen said he worked downtown for a number of years and remembers some popular park benches on
private property that were likely required as part of development. He asked staff to share other examples of view corridors
associated with development. Mr. Jackson said there are none in the subarea because the shoreline is undeveloped, but there
are many examples in the downtown. He particularly noted the pathway provided in front of the 400 Apartments, Harborside
and Marina Square. Once Marina Square is fully constructed, it will also include public plazas and an Americans with
Disabilities Act (ADA) accessible path that will lead from Washington Street down to the shoreline. These are both good
examples of what could potentially happen in the subarea.
Commissioner Wofford recalled that, at one time, there was a requirement that 25% of the front footage had to be a view
corridor. He asked if that requirement is still in effect. Mr. Jackson said there are percentage requirements specific to
downtown, and the Department of Ecology (DOE) would likely require projects outside of the downtown to provide a view
analysis and demonstrate how they will provide a view corridor. In addition to staff review, the DOE will review specific
development proposals that involve height increases. Commissioner Pedersen asked if taller, thinner buildings would be
encouraged rather than wide ones that fill the entire parcel. Mr. Jackson answered that decisions would be made on a site-
by-site basis. Staff informs applicants of the public access and view corridor requirements and makes them aware that the
DOE has the final say on whether to approve, deny or conditionally approve a project. Staff encourages all applicants to
coordinate with the DOE at an early stage when requesting a Shoreline Conditional Use Permit.
Commissioner Rich commended staff for clearly identifying all of the benefits associated with the proposed changes and
said she is prepared to support them as presented. She referred to the pie chart provided by staff that captured the spirit of the
DRAFT
Bremerton Planning Commission Minutes
March 21, 2022 ~ Page 5 of 7
public comments both in favor and opposed to the proposal. Although it wasn’t listed on the chart, affordable housing was
raised as a concern. She said it is important to acknowledge this concern as the proposal goes to the City Council and they
consider future issues such as changes to the Multifamily Tax Exemption (MFTE) and other policy options that will make
affordable housing development easier and more possible in centers. Mr. Jackson agreed to include affordable housing as a
prompt with the City Council.
Chair Tift also commended staff for their efforts to prepare and revise the proposal based on Commission and public
comments. Having been on the Commission for a long time, he has learned the importance of being adaptable. He recalled
working on the initial Employment District Plan, with the hospital being the centerpiece. In the face of a major employer
leaving the subarea, the City adopted the Eastside Village Subarea Plan, which recognized the need for entirely different
development. He believes the subarea plan is very plausible and feasible, and development is already in process. He said he
supports the proposed changes, as well.
COMMISSIONER RICH MOVED TO RECOMMEND THAT THE CITY COUNCIL ADOPT THE PROPOSED
REVISIONS TO THE EASTSIDE VILLAGE SUBAREA PLAN AS DETAILED IN ATTACHMENT A BASED ON
THE STAFF REPORT AND THE FINDINGS AND CONCLUSIONS PRESENTED IN ATTACHMENT C.
COMMISSIONER WOFFORD SECONDED THE MOTION, WHICH CARRIED UNANIMOUSLY.
BUSINESS MEETING
Chair Report
Chair Tift noted there is still a vacancy on the Commission and encouraged the Commissioners to reach out to potential
candidates. He also advised that they may be able to return to a hybrid meeting style at some point in the near future.
Director Report
th
, City offices opened back up. Office
Director Spencer announced that, with the lifting of the mask mandate on March 14
hours for the Department of Community Development are 9am to noon each weekday. They still have a significant amount
of volume and some people are still working a hybrid schedule. They can only staff a counter for three hours a day at this
time.
Director Spencer said they are waiting for the City Council to implement a hybrid meeting format before the Commission
follows. She reminded them that their meetings are broadcasted live on Bremerton Kitsap Access Television (BKAT), so the
cameras will be on again when they return to in-person meetings. She emphasized that the hybrid format is meant for public
participation. Ideally, all of the Commissioners would be in the room barring extenuating circumstances. The citizen
experience will be better if there are fewer Zoom participants because they will be able to see more of the screen.
Commissioners can be spaced out in the room to ensure safety.
Old Business
There was no old business.
New Business
There was no new business.
ADJOURNMENT
The meeting was adjourned at 6:42 p.m.
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Bremerton Planning Commission Minutes
March 21, 2022 ~ Page 6 of 7
Respectively Submitted by:
___________________________________ ___________________________________
Andrea L Spencer, AICP Rick Tift, Chair
Executive Secretary Planning Commission
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Bremerton Planning Commission Minutes
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ORDINANCE NO. _____
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, adopting revisions to the Eastside Village
(EV) Subarea Plan, including but not limited to: increase maximum
structure height, removal of maximum density requirements,
consolidation of zoning districts, and adoption of Design Review
Board process.
WHEREAS, the policies of the Eastside Village Subarea Plan call for monitoring
the execution and implementation of the Subarea Plan; and
WHEREAS, through practical use and application of the Eastside Village (EV)
Subarea Plan the need for modification to the development regulations has been identified in
; and
WHEREAS
and Area-wide Rezones in Title 20.58.050(e), which require amendments to the Zoning Code to
be both consistent with the goals and policies of the Comprehensive Plan and to be consistent
with other applicable rules and regulations; and
WHEREAS, these amendments are consistent with the EV Subarea Plan Vision,
olicies, the State Growth Management Act,
and other applicable regulations and ordinances; and
WHEREAS, the Planning Commission conducted a workshop to discuss the
proposed Subarea Plan revisions at its regular meeting on January 24,2022; and
WHEREAS, the City hosted a Virtual Open House on February 28, 2022 to
discuss the proposed Subarea Plan revisions; and
WHEREAS, March 11, 2022 the proposed amendments were circulated to
Department of Commerce and the State Agencies for the requisite review and comment period;
and
WHEREAS, a legal advertisement was placed in the Kitsap Sun on March 11,
2022 notifying the public of the opportunity to provide testimony at the Planning Commission
public hearing; and
WHEREAS, on March 21, 2022 the Planning Commission held a public hearing
on the proposed revisions to the EV Subarea Plan, considered public comment, and made a
1
2022 Eastside Village Subarea Plan Amendments
WHEREAS, in accordance with RCW 43.21(c) and WAC 197-11, Adoption of
Existing Environmental Documents with an addendum to the Final Environmental Impact
Statement (EIS) was circulate on April 18, 2022; and
WHEREAS, a legal advertisement was placed in the Kitsap Sun on April 25,
2022 notifying the public of the opportunity to provide testimony at the City Council public
hearing; and
WHEREAS, on May 4, 2022, the City Council conducted a public hearing on
these code changes, and considered all testimony prior to their decision; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The City Council accepts and adopts the Findings and Conclusions
of the Planning Commission as presented in Exhibit A, attached hereto and incorporated by this
reference as if set forth in full herein.
SECTION 2. The EV Subarea Plan is amended by approving and adopting the
revised EV Subarea Plan as presented in Exhibit B, attached hereto and incorporated by this
reference as if set forth in full herein.
SECTION 3. 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 4. Severability. If any one or more sections, subsections, or
sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not
affect the validity of the remaining portion of this ordinance and the same shall remain in full
force and effect.
SECTION 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 ____________________, 2022
_________________________________
Michael Goodnow, Council President
Approved this ________ day of ________________________, 2022
2
2022 Eastside Village Subarea Plan Amendments
_________________________________
GREG WHEELER, Mayor
ATTEST: APPROVED AS TO FORM:
__________________________________ ________________________________
ANGELA HOOVER, City Clerk KYLIE J. FINNELL, City Attorney
PUBLISHED the________ day of ______________________, 2022
EFFECTIVE the_________day of ______________________, 2022
ORDINANCE NO. ____________
3
2022 Eastside Village Subarea Plan Amendments
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Contents
Introduction10
1
Background & Purpose
11
reating a Vision Community
1
Engagement1
Vision & Guidance Framework
2
Vision
2
uiding Principles
2
Goals & Policies
Urban Design Concepts34
3
Community Design Overview35
Land Use Plan37
4
Overview38
4
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The diagram illustrates the SR 303-to-Clare connection showing why the west side south-bound
bike lane. The right side proposes a section looking north providing a bicycle lane with shy
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.
,
.
.
INFORMATION ONLY ITEM
CITY OF BREMERTON
A8
CITY COUNCIL
SUBJECT: Presentation on the 2020 Study Session Date: April 27, 2022
Census and Council Redistricting
Presenters: Dave Sorensen
Bill Eley
Phone: (360) 473-5472
SUMMARY:
To inform the council members that re-districting of council districts using the 2020 Census data has
begun. The purpose of re-districting is to provide the citizens of Bremerton equal City Council
representation by adjusting the council district boundaries in line with population counts provided
from the 2020 Census.
HANDOUTS: Power Point
STUDY SESSION AGENDA: No Presentation Full Presentation
Form Created 5/4/15
AGENDA BILL
A9
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Ordinance amending Bremerton Study Session Date: April 27, 2022
Municipal Code (BMC) Chapter 2.18 entitled
COUNCIL MEETING Date: May 4, 2022
and
Department: Legal
Presenter: Kylie Finnell
Phone: (360) 473-2335
SUMMARY: The proposed Ordinance amends Chapter 2.18 of the Bremerton Municipal Code
entitled Committee and City .
ATTACHMENTS: 1) Proposed Ordinance
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. amending Bremerton Municipal Code (BMC) Chapter 2.18
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 11/3/17
ORDINANCE NO. ________
AN ORDINANCEof the City Council of the City of
Bremerton, Washington, amending Chapter 2.18 of the Bremerton
Municipal Code entitled “Audit Committee and City Auditor.”
WHEREAS,the current provisions of Chapter 2.18of the Bremerton Municipal
Code relating tothe Audit Committee does not address the residency requirements of the
independent certified public accountant; and
WHEREAS, to effectively recruit an independent certified public accountant, the
applicant pool needs to be extended beyond City residents; and
WHEREAS, due to the difficulty in finding an independent certified public
accountant it is not advantageous to only fill a vacancy with the remainder of the three-year term;
and
WHEREAS, the City Council desires toamend the provisions of Chapter 2.18
relating to the Audit Committee in order to allow the appointment of a non-resident independent
certified public accountand to amend the length of term for the filling of a vacancy in the
position of the independent certified public accountant; NOWTHEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1.Chapter 2.18of the Bremerton Municipal Code entitled "Audit
Committee and City Auditor" is hereby amended to read as follows:
Chapter 2.18
AUDIT COMMITTEE AND CITY AUDITOR
2.18.010AUDIT COMMITTEE MEMBERSHIP.
(a)Pursuant to Article III, Section 18 of the Charter of the City of Bremerton (“City
Charter”), there shall be an Audit Committee consisting of three (3) designated members
(“designated members”) and two (2) selected members (“selected members”) for a total of five
(5) members as follows:
(1)Designated Members. Two (2) Council members and an independent
certified public accountant designated by the CityCouncil; and
(2)Selected Members. Two (2) residents of the City of Bremerton selected by
the designated members of the Audit Committee.
(b)The designation of the Council members to the Audit Committee shall be by the
Council President. The designation of the certified public accountant to the Audit Committee
shall be by majority vote of the City Council. The selection of the two (2) residents of the City of
Bremerton shall be by majority vote of the designated members of the Audit Committee.
Page 1of 3
City Ordinance Form BMC 2.18
Rev. 09/2021 Audit Committee and City Auditor
(c)The independent certified public accountant need not be a resident of the City of
Bremerton.
2.18.020COMMITTEE MEMBER TERMS.
(a)Audit Committee members shall serve terms as follows:
(1)The two (2) Council members designated by the City Council shall serve
one (1) year terms, or less if the current term of their elected office expires earlier.
(2)The independent certified public accountant designated by the City Council
shall serve a three (3) year term.The term of an independent certified public accountant
appointed pursuant to subsection (b) of this section shall commence upon appointment by the
City Council.
(3)The two (2) City of Bremerton residents selected by the designated members
of the Audit Committee shall serve terms asestablished by the Committee.
(b)In the event that any member does not serve a full term, either by resignation or
removal,the vacancy shall be filleda replacement shall be designated or selected, as applicable,
by the original appointing authorityin the manner provided in BMC 2.18.010.to serve the
remainder of the term.
2.18.030CITY AUDITOR.
(a)Pursuant to the City Charter, the Audit Committee shall appoint the City Auditor to
serve at the pleasure of the Audit Committee. The City Auditor shall only be removed by the
majority vote of the entire membership of the Committee sitting as a whole.
(b)The City Auditor shall report to the Audit Committee. In carrying out duties and
responsibilities, the City Auditor shall have full, free and unrestricted access to all City records,
property and personnel, unless such access is prohibited by law. Additionally, access to
confidential and/or security related documents or operations may be restricted or prohibited as
determined by the City Attorney based on his/her legal opinion.
(c)The City Auditor has the same responsibility and authority as adepartment head in
managing the finances and operation of the City Auditor’s office.
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
correctionof 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 2of 3
City Ordinance Form BMC 2.18
Rev. 09/2021 Audit Committee and City Auditor
PASSED by the City Council the___________ day of ____________________, 20___.
_________________________________
MICHAEL GOODNOW, 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\\City Council\\2022.04.21 Ordinance -Chapter 2.18 -Audit Committee and City Auditor.docx
Page 3of 3
City Ordinance Form BMC 2.18
Rev. 09/2021 Audit Committee and City Auditor
AGENDA BILL
A10
CITY OF BREMERTON
CITY COUNCIL
Updated 5:38 PM
SUBJECT: Study Session Date: April 27, 2022
COUNCIL MEETING Date: May 4, 2022
Resolution No. repealing Resolution
Department: Legal
No. 3344; and adopting new Bremerton City
Presenter: Kylie Finnell
Council Rules & Procedures
Phone: (360) 473-2335
SUMMARY:
The Bremerton City Council Rules & Procedures were last updated on February 2, 2022.
The proposed Resolution repeals and replaces Resolution No. 3344 and will incorporate
changes to the Rules and Procedures.
ATTACHMENTS: 1) Resolution No. ; and
2) Amended Bremerton City Council Rules & Procedures Added
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 Resolution No. repealing Resolution No. 3344; and adopting new Bremerton
City Council Rules & Procedures.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 11/3/17
Bremerton City Council
Rules & Procedures
Rules & Procedures
Page 1
Resolution No. 3344
CONTENTS
RULE 1 - MEETINGS ...................................................................................................................3
RULE 2 - PRESIDING OFFICER - DUTIES .............................................................................5
RULE 3 - COUNCIL MEMBERS ................................................................................................6
RULE 4 - AGENDA CONTROL ..................................................................................................7
RULE 5 - REGULAR COUNCIL MEETINGS-ITEMS OF BUSINESS .................................7
RULE 6 - DEBATES .....................................................................................................................8
RULE 7 - PARLIAMENTARY PROCEDURE ..........................................................................9
RULE 8 - ORDINANCES - RESOLUTIONS .............................................................................9
RULE 9 - MISCELLANEOUS .....................................................................................................9
RULE 10 - COUNCIL EXPENSE REIMBURSEMENT .........................................................11
RULE 11 QUASI-JUDICIAL HEARINGS ............................................................................11
RULE 12 - CLOSED RECORD HEARINGS ...........................................................................12
Rules & Procedures
Page 2
Resolution No. 3344
RULE 1 - MEETINGS
1. Regular Meetings: The City Council shall meet in accordance with Rule 5, except as
follows:
(a) There shall be no regular meeting of the City Council during the week of
Thanksgiving.
(b) If at any time any regular meeting of the City Council falls on a legal
holiday, then pursuant to RCW 42.30.070 such regular meeting shall be held on the next business
day.
i. Upon a motion, and majority vote, the Council may recess from a
meeting to a certain time and place set forth in the motion.
ii. Meetings may be relocated to accommodate special needs or
circumstances.
2. Special Meetings: Special meetings or any change in the time or location of a regular
meeting shall be called by the Council President, or a majority of the members of the City
Council, by delivering personally or by mail, e-mail, or fax, written notice to each member of the
Council; and to each local newspaper of general circulation and to each local radio or television
station which has on file with the City a written request to be notified of such special meeting or
of all special meetings. The notice must be delivered personally or by mail FAX or e-mail at
least twenty-four hours before the time of the meeting as specified in the notice. The call and
notice shall specify the time and place of the special meeting and the business to be transacted.
Final disposition shall not be taken on any other matter at such meetings. Written notice may be
dispensed with:
(a) If a member, prior to the convening of the meeting, files waiver of notice
with the City Clerk, either written or by e-mail., or by FAX;
(b) If a member is actually present at the time the meeting convenes; or
(c) If the special meeting is called to deal with an emergency involving injury
or damage to persons or property, or the likelihood of such, where these requirements would
increase the likelihood of such injury or damage. (RCW 42.30.080)
3. Quorum: Four Council Members shall constitute a quorum for the transaction of
business, and in the absence of a quorum the members present may adjourn the meeting to a later
date.
4. Open Public Meetings Act: All Council meetings shall be conducted in conformity with
the Open Public Meetings Act (RCW 42.30).
5. Appearance of Fairness/Conflict of Interest: In all its dealings, the Council and its
individual members shall be governed by RCW 42.36 (Appearance of Fairness Doctrine); RCW
42.20 (Misconduct of Public Officers) and RCW 42.52 (Ethics in Public Service) and Chapter
2.96 BMC (Code of Ethics).
Rules & Procedures
Page 3
Resolution No. 3344
6. Executive Sessions: The Council may hold Executive Sessions during a regular or
special meeting to consider matters allowed under RCW 42.30.110 as it now exists or is
hereafter amended including:
(a) consideration of acquisition or sale of real property if public knowledge
would adversely affect the price;
(b) discussion with legal counsel of City enforcement actions or potential or
pending litigation in which the City is, or is likely to become, a party;
(c) to receive and evaluate complaints against a public employee, unless the
employee requests the consideration to be held in an open meeting;
(d) evaluate the performance of an employee or qualifications of an applicant
for City employment, so long as the final decision to hire and terms of employment, and
decisions to terminate or discipline, are taken in an open meeting;
(e) to review negotiations on the performance of publicly bid contracts when
public knowledge regarding such consideration would cause a likelihood of increased costs; and
(f) to evaluate the qualifications of a candidate for appointment to elective
office.
See RCW 42.30.110 for complete itemization of executive session topics.
Before convening in Executive session, the presiding officer shall announce the purpose of the
session and the anticipated length of such session, and whether further action is anticipated.
Should the session require more time, a public announcement shall be made that the session will
be extended. The Council will return to the open meeting, as applicable, for Adjournment of the
meeting. Confidential discussions during Executive Sessions shall not be disclosed by any
Council Member or City official in attendance to any person unless confidentiality is waived by
a majority of the Council. Violation of confidentiality may result in a censure motion by the
Council during a regular meeting.
7. Telephonic Remote Appearance: Council Members may appear remotely at a Council
Meeting via telephone under limited circumstances. Telephonic Remote appearances are for the
benefit of the City of Bremerton and not for the benefit of an individual Council Member.
Telephonic Remote appearances may occur as follows:
(a) remote
appearance at a Council Meeting via telephone when one or more of the following
circumstances exists:
i. Due to fire, flood, earthquake, or other emergency, there is a need
for action by a governing body to meet the emergency;
ii. A vote of the council of the whole is required for action; or
iii. A unanimous vote of the whole council is required for passage of a
measure; or
iv. On a case-by-case basis.
(b) In the event that subsection 7(a) of Rule 1 of the Bremerton City Council
Rules & Procedures
Page 4
Resolution No. 3344
Rules and Procedures has been satisfied and more than one Council Member is absent,
reasonable efforts shall be given to provide all absent members an opportunity to appear via
telephone remotely. In no event shall the Council President approve a Council
telephonic remote appearance unless satisfactory equipment is available. Satisfactory
equipment shall at a minimum, mean equipment that allows all participants and attendees to
hear each other simultaneously and allows the remote Council Members to participate to
the same extent as if they were present. any telephone equipped with a speakerphone
voice attending via telephone
clearly and sufficiently enough to be heard by those in attendance at the meeting. The
telephone must allow the Council Member to take and answer questions as posed from time
to time. During any meeting that a Council Member is attending via telephone remotely,
the Council President or presiding Council Member shall state for the record that a
particular Council Member is attending via telephone remotely and the reasons for such
attendance.
(c) Council members appearing via telephone remotely may participate and
vote during the meeting as if they were physically present at the meeting.
(d) Council Members appearing via telephone remotely shall comply with all
rules and procedures as if they were physically present at the meeting.
RULE 2 - PRESIDING OFFICER - DUTIES
1. Conduct of Meeting: The presiding officer at all meetings of the Council will be the
President of the Council, or in the absence of the President, the Vice President of the Council,
who shall conduct the business and deliberations of the Council under these rules. Reference
herein to Council President shall also apply to the Council Member acting in the Council
mayor pro tempore and Vice President shall
be elected by a majority of the Council Members at the start of the first meeting of each year, or
at such time as necessary due to a vacancy the next Council Meeting following a vacancy. If
both the President and Vice President are absent and a quorum is present, the Chair of the
Finance, Investment & Parking Committee shall act as Presiding Officer. If the Chair of that
Committee is unavailable, the Chair of the Public Works Committee shall act as presiding
officer.
The Council President shall:
(a) Preserve order and decorum during meetings;
(b) Observe and enforce all rules adopted by the Council for its government;
(c) Decide all questions on order, in accordance with these rules, subject to a
challenge as provided in Rule 6 Subsection 4., below; and
(d) Recognize members of the Council in the order in which they request the
floor except priority shall be given to Committee Chairs to which the item under discussion
originated. No member shall be recognized and given the floor to speak on the same matter
more than once until all other members of the Council have had an opportunity to be recognized
and be heard;
(e) The presiding officer, as a member of the Council, shall have only those
rights, and shall be governed in all matters and issues by the same rules and restrictions as
other Council Members.
Rules & Procedures
Page 5
Resolution No. 3344
2. Check Register: The Council President shall be assigned the responsibility for
signing off on the Check Register, following Council approval.
3. Council Committees: The Council President shall make all committee assignments, as
well as Intergovernmental Representative assignments. To the degree possible, assignments
will be consistent with special skills, interests and time constraints. Assignments will be made to the
following:
(a) Standing Committees:
i. Committee of the Whole consisting of the full council
nd th
membership, with the Council President as chair, to serve the 2and 4Wednesday as a
regularly scheduled Study Session in the Council Conference Room, or other times and locations
as designated, to hear matters to be placed on the regular Council Meeting agendas and other
council business
ii. Finance, Investment & Parking Committee to serve as directed
by the Council President;
iii. Public Works Committee to serve as directed by the Council
President;
iv. Public Safety Committee to serve as directed by the Council
President;
v. Audit Committee per the City Charter and Chapter 2.18 BMC; and
vi. Lodging Tax Advisory Committee per Chapter 67.28 RCW and
Chapter 3.64 BMC.
Rules & Procedures
Page 6
Resolution No. 3344
The above listed standing committees may be restructured or reorganized as authorized and
approved by the City Council without formal amendment of these rules and procedures.
(b) Special and Ad Hoc Committees - May be established for a specific
purpose or a specific time frame to serve as authorized by the Council President.
(c) Intergovernmental Committees, Commissions, and Boards Established
committees i.e. Kitsap Regional Coordinating Council.
RULE 3 - COUNCIL MEMBERS
1. Comments: Council members shall address all comments to the Council President,
except when a member moves to adopt a resolution, or when a member seconds a motion.
2. Leaving Place: No member shall leave his or her place while a question is being put or a
count is being taken.
3. Voting: A vote on any matter shall be taken by roll call and any member may abstain
from voting.
4. Questioning: Any member of the Council, including the Council President, shall have
the right to question any individual, or staff member, on matters germane to the issue before the
Council. Such questioning shall not be conducted so as to ridicule or denigrate the individual
being questioned.
5. Information Requests: A Council member may seek clarification or additional
information before voting on an issue. If such request delays consideration to another date,
approval of a majority of the Council is required.
RULE 4 - AGENDA CONTROL
1. Agenda Control: Consideration of any subject, matter, or communication by the Council
may be initiated by the Mayor or any Council Member. It is recommended that Council
Members begin discussions early to present the subject idea, matter, or communication first at a
Committee if the topic is appropriate for a Committee on which the Council Member serves, or a
Study Session under General Business. Then, with assistance from
draft any written materials and an Agenda Bill to file with the City Clerk and Council Legislative
Office Manager using the established Agenda Bill Policy for scheduling the matter for Study
Session, and distribution of the Agenda Bill and any written materials to the other Council
Members. The Council President may reject any agenda item not complying with this procedure.
Upon presentation, the Council as a whole may decline further consideration or request
information before further consideration.
2. Removing Items: At the Briefing, or at any time prior to the start of a meeting, any
item may be removed from the Agenda for any reason upon the request of any Council
Member. However, two Council Members may demand the item be reinstated to the Agenda.
Rules & Procedures
Page 7
Resolution No. 3344
The item shall be brought before the Council as regular business on the Agenda and only
tabled, continued or rejected by majority vote.
RULE 5 REGULAR COUNCIL MEETINGS - ITEMS OF BUSINESS
1. Regular Business Meeting: A Council Briefing to discuss the Agenda and/or General
Council Business will may be held at 5:00 PM in the Council Conference Room, unless a
different location is so designated. Immediately following The Council Meeting shall meet in
the designated First Floor Meeting Chambers, unless a different location is so designated, on the
strd
first and third 1 and 3 Wednesday of each month at 5:30 PM or at such other day and time as
designated by ordinance. The Council Meeting shall consist of the following items with the
sequence and any other added items added or removed as determined by the Council President:
(a) Call to Order
-Pledge of Allegiance Remove
-Invocation Remove
(b) Mayors Report
(c) Public Recognition.
(d) Consent Agenda
(e) Public Hearings
(f) General Business
(g) Council Member Reports
(h) Adjournment
2. Study Session: The Study Session shall meet in the designated Council Conference
ndth
Room, unless a different location is so designated, on the second and fourth 2 and 4
Wednesday of each month at 5:00 PM or at such other day and time as designated by ordinance.
The Study Session shall consist of the following items with the sequence and any other added
items as determined by the Council President:
(a) Briefings on Agenda Items
(b) Other General Council Business as authorized by the Council President.
(c) Adjournment
3. Executive Session/Recess: The agenda may be interrupted for a stated time to adjourn to
Executive Session or recess at the prerogative of the Council President, unless overruled by
Council majority.
4. Consent Agenda Items: Any Council member may request a Consent Agenda Item be
moved to the regular agenda, for which no second is required.
5. Agenda Rearrangement: The Council President may rearrange, change the sequence, or
add to or remove items from the Agendas outlined in Rule 5 (1) and (2) above.
6. Regular Council Meetings Televised: The Regular Council meetings shall be televised
unless otherwise directed by Council.
Rules & Procedures
Page 8
Resolution No. 3344
RULE 6 - DEBATES
1. Interruption: No member, including the Council President, shall interrupt or argue with
any other member while such member has the floor.
2. Courtesy: All speakers, including Council Members, during comments, discussion or
debate of any issue, shall address their comments to the Council President with courtesy and
proper deportment. Comments shall not contain personalities, derogatory remarks or insinuations
toward any member of the Council, Staff and Public, but shall be confined to facts that are
germane and relevant to the issue.
3. Transgression: Upon transgression of these rules, the Council President shall call such
person to order, in which case that person shall be silent except to continue in order. If the
Council President transgresses these rules, or fails to call a transgressor to order, any other
member of the Council may, under a point of order, call the transgressor to order.
4. Challenge to Ruling: Any member of the Council shall have the right to challenge any
action or ruling of the Council President, or member, as the case may be, in which case the
decision of the majority of the members of the Council present, including the Council President,
shall govern.
RULE 7 - PARLIAMENTARY PROCEDURE
Procedure Guide: Robert's Rules of Order shall be used as a guide to govern the conduct of
business of the City Council while in Legislative session. However, the Council President shall
have the authority to make a final ruling on all issues of procedure, subject to Rule 6, Subsection
4 of these Rules.
RULE 8 - ORDINANCES - RESOLUTIONS
1. Actions: Any action of the Council shall be by ordinance, resolution or motion and shall
be conducted only in open public meetings unless otherwise provided by law. Such action shall
be deemed approved by an affirmative vote of a majority of those Council members present,
unless otherwise provided by law. Any such action shall contain only a single subject matter and
may not be amended to include a different subject.
2. Submittal: No ordinance shall be submitted to the Council for consideration until
approved as to form and legality by the City Attorney and copies have been furnished to Council
Members and the City Clerk. No such ordinance shall contain any interlineations or marginal
notes.
3. Presentations: Reading of ordinances and resolutions at all Council meetings shall be
deemed sufficient by the reading of a brief synopsis of the title of the ordinance or the purpose of
Rules & Procedures
Page 9
Resolution No. 3344
the resolution. The full text of an ordinance or resolution under consideration by the Council will
be provided to any member of the public upon request.
4. Reading of Ordinances: Every ordinance shall have one reading except that, upon a
request of a Council Member, an ordinance shall have two or more readings unless otherwise
directed by the Council.
RULE 9 - MISCELLANEOUS
1. Agenda: By direction of the Council President, the Legislative Office Manager or
Assistant shall prepare the Agenda for each session of the Council in regular order in accordance
with these rules, which order shall not be departed from, except as provided in these rules. Such
Agenda shall include all resolutions, ordinances and matters requested by any Council Member,
or the Mayor, with no items deleted from the Agenda except as provided in Rule 4 of these rules.
2. Public Comment on Agenda Items: Any person has the right to speak is provided an
opportunity to comment on any Agenda item at the time the item is discussed and prior to a vote
by the Council. Such remarks must be confined to those that are germane and relevant to the
item being discussed and shall be subject to a time limit. If numerous speakers are addressing the
issue, the Council President may further restrict speaker time. Written comments shall, to all
intents and purposes, be considered the same as oral comments.
3. Public Recognition: Any member of the public has the right to speak is provided an
opportunity to address the Council and the Mayor on issues not on the Agenda. No member of
the public shall engage in discussion or comment which a) is obscene, indecent or libelous; b)
promotes the sale of products, or services; c) promotes any lottery or contest which offers prizes
dependent in whole or in part upon lot or chance. It is suggested that questions from the public
posed to the Council that cannot be answered at the Council meeting should be put in writing in
order to receive a written response from the appropriate party or parties within a reasonable time.
Letters addressed to City officials will not be read in Public Recognition unless an exception is
granted by Council President based upon exceptional circumstances. Argumentative Rebuttal is
not permitted during Public Recognition.
4. Ballot Issues: During the election period, beginning on the deadline for elective office or
ballot issues, or from the time an individual announces candidacy, whichever comes first,
through the November General Election, all announcements or advertising concerning candidates
are prohibited. Discussion of ballot issues is prohibited after the issue has qualified for the ballot.
Meetings for political parties may be announced, with the exception of fundraising events (i.e.
dinners, drawings, etc.) or meetings where the title of the function expresses support or
opposition for any candidate, political party, or issue.
5. Public Hearings: The Council President may allocate the time allotted to Public Hearing
equally among the members of the public who wish to speak.
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6. Complaints: Personal complaints, especially those of a derogatory nature against any
official or employee of the City shall not be discussed at a Council meeting. Citizens wishing to
make such complaints shall be instructed that the same should be first processed and handled
through the Mayor's office. Then, if the citizen feels appropriate action has not been taken, it
shall be proper for the complaint to be communicated in writing to the members of the Council.
Complaints against a Council Member shall be submitted to the Council President. If the
complaint is against the Council President, the complaint shall be submitted to the Vice-
President. Acceptance by the Council of a written complaint shall not, however, give rise to
public discussion thereon. The City Attorney should be consulted regarding confidentiality,
rights to privacy and other legal concerns.
7. Amendments to Rules & Procedures: Amendments to these rules shall be made by
resolution of the Council.
8. The City Clerk: The City Clerk, or duly authorized representative, shall attend all
business meetings of the City Council and maintain a permanent journal of its proceedings. All
votes shall be recorded by calling the names of each member on a positional rotation basis with
ote called last.
9. Maintain Record: All of the regular and special meetings of the City Council and each
and every part thereof shall be recorded electronically. These records shall be maintained for a
period in conformance with Chapter 40.14 RCW.
10. Prepare Minutes: Subsequent to each meeting, the Legislative Office Manager or
Assistant shall prepare brief and concise action minutes of all Council meetings and submit
the same to the Council for approval. Such minutes shall contain an accurate resume of
official Council actions, with reference to all matters before it.
11. Verbatim Transcript: No member of the Council, nor any member of the
administrative staff of the City, shall be empowered or authorized to require the Legislative
Office Manager or Assistant to insert in said official minutes any verbatim transcript of all or
any part of the proceedings. Verbatim transcripts shall be made a part of the minutes only
when authorized by a majority vote of the entire Council, made at the meeting wherein such
verbatim request is made.
12. Non-Compliance with Rules and Waiver: Failure of a Council member to
challenge the non-compliance of Council proceedings with any rule or procedure herein,
prior to the vote or other action taken on the item under consideration, shall constitute a
waiver and such non- compliance shall not affect the outcome of any action taken by the
Council unless such compliance is required by law.
13. Council Comments: No Council Member may advertise or promote a private
business or enterprise during Council meetings except that Council Members may make
announcements to welcome a new business or announce special events regarding a private
business or enterprise.
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Resolution No. 3344
RULE 10 - COUNCIL EXPENSE REIMBURSEMENT
Members of the City Council shall observe the Expense Reimbursement Claim Policies that have
been established by ordinance or resolution. Reimbursement for travel by any member of the
Council outside the State of Washington shall be made only with the prior approval of the
majority of the Council. All Council Member expenses shall be subject to approval by the
Council President.
RULE 11 - QUASI-JUDICIAL HEARINGS
1. Quasi-Judicial Body: In hearing matters requiring application of law and
determination of facts which predominantly affect particular parties rather than the public
generally or a class or group, the Council sits as a Quasi-Judicial body. It will conduct the
hearing in accordance with Rule 11 and 12.
(a) Council President convenes hearing.
(b) Item is introduced by City Clerk.
(c) Council President inquires:
i.
to whether they have: 1.) a demonstrated bias or prejudice for or against any party to
the proceedings; 2.) a direct or indirect monetary interest in the outcome of the proceedings;
3.) a prejudgment of the issue prior to hearing the facts on the record; or 4.) ex parte contact
with any individual, excluding administrative staff, with regard to an issue prior to the
hearing. If any Council member should answer in the affirmative, then the Council member
should state the reason for their answer at this time so that the Chair may inquire of the City
Attorney as to whether a violation of the Appearance of Fairness Doctrine or a Conflict of
ii.
excuse themselves due to a conflict with the Appearance of Fairness doctrine, or for another
concern, please state the reasons
(d) Council President calls upon Administrative Staff to present the
recommendation or decision of the Administrative Hearing Examiner, or other applicable
commission or board, to provide a general background and to answer Council questions.
(e*) Council President designates the length of argument to afford a fair
hearing of the issues. Correspondence is read and testimony taken from proponents, then
opponents and those neutral. Council may ask questions of those testifying.
(f*) Limited questioning of opposing witnesses on technical matters by either
side may be allowed in the discretion of the Council President. The City Attorney will advise the
Council President when such questioning may be a lawful requirement of the hearing.
(g*) President closes the public testimony portion of the hearing. Council
deliberates and may ask questions of the presenters.
(h) A decision by motion is made. The Council may accept, reject or modify a
recommendation or decision based upon its application of code criteria and appropriate findings.
(i) No motion to rescind or reconsider the initial quasi-judicial decision may
be brought by any Council member following close of the meeting.
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* Not applicable to closed record hearing.
RULE 12 - CLOSED RECORD HEARINGS
1. Hearing Procedure:
(a) Closed record hearings on land use applications shall be conducted in
accordance to this rule. The provisions of Rule 11 are applicable to closed record hearings
except as otherwise noted therein. After the appearance of fairness inquiry, the President or staff
will announce that the decision will be based on materials received in evidence at the previous
open record hearing of the Administrative Hearing Examiner or other applicable commission or
board; minutes of the prior hearing; and the recommendation or decision from the open record
hearing.
(b) The Council may consider the following limited evidence not set forth in
the record:
i. The Council may take official notice of information such as any
law, ordinance, resolution, rule, or other fact generally known and verifiable from
reliable sources.
ii. Council Members may view the area in dispute, but shall note the
time, manner, and circumstance of such view on the record.
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iii. Council deliberates and may ask questions of the staff.
iv. A motion incorporating the decision is made. The Council may
accept, reject, or modify the Administrative Hearing Examiner's recommendation based upon its
application of code criteria and appropriate findings.
Dated this 4th day of May 2022
MICHAEL GOODNOW
2022 City Council President
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