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HomeMy WebLinkAbout05/18/2022 CITY COUNCIL AGENDA PACKET ______________________________________________________________ th CITY COUNCIL 345 6 Street, Suite 100, Bremerton, WA 98337 - Phone (360) 473-5280 WEDNESDAY, MAY 18, 2022 CITY COUNCIL Virtual/Live Stream MEETING AGENDA To help reduce the spread of COVID-19, the City Council is conducting a virtual meeting. The Chambers remains closed, and all Council Members and staff will be participating in the meeting remotely. The public is invited to view and/or participate in the Council Meeting through one of the following options: To stream online only (via BKAT Feed, with no interaction possible): https://bremerton.vod.castus.tv/vod/?live=ch1&nav=live aĻƒĬĻƩƭ ƚŅ ƷŷĻ ƦǒĬƌźĭ are invited to join the Zoom Meeting by clicking on the link below: https://us02web.zoom.us/j/86104522860?pwd=cpq66v5t-eTy36NPTMjE9mgYFV6ZaL.1 Or One tap mobile: US: US: +12532158782,,86104522860#,,,,*173061# or +13462487799,,86104522860#,,,,*173061# Or Telephone: Dial (for higher quality, dial a number based on your current location): US: +1 253 215 8782 or +1 346 248 7799 or +1 669 900 6833 or +1 301 715 8592 or +1 312 626 6799 Webinar ID: 861 0452 2860 Passcode: 173061 Public questions or comments may be submitted ahead of time to City.Council@ci.bremerton.wa.us 1. CALL TO ORDER: 5:30 P.M. 2. MAYOR'S REPORT 3. PUBLIC RECOGNITION 4. CONSENT AGENDA A. Claims & Check Register B. Minutes of Meeting May 4, 2022 C. Minutes of Study Session May 11, 2022 D. Confirm Reappointment of Harrington Griffin to the Lodging Tax Advisory Committee E. Confirm Appointment of Max Sinitsa, CPA to the Audit Committee F. Public Works Agreement with Petersen Brothers, Inc. for the Guardrail Installation on Shore Drive at E. 11th Street G. Goods & Services Agreement with CED-Bremerton for the Purchase of Emergency Generator for Lift Station EB-3 H. Resolution No. 3348 authorizing Remote Council Meetings through July 20, 2022 I. Resolution No. 3349 repealing Resolution No. 3344; and adopting updated Council Rules & Procedures Continued on 5. PUBLIC HEARING A. Public Hearing on 2020 Census and Council Redistricting () 6. GENERAL BUSINESS A. Professional Services and Funding Agreement with the Downtown Bremerton Association for the Mainstreet America Program 7. COUNCIL MEMBER REPORTS 8. EXECUTIVE SESSION A. 20-Minutes to discuss Pending Litigation which is allowed under RCW 42.30.110 (1)(i) 9. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING AGENDA BILL CITY OF BREMERTON 4A CITY COUNCIL SUBJECT: Study Session Date: N/A Claims & Check Register COUNCIL MEETING Date: May 18, 2022 Department: Legal Services Presenter: Angela Hoover Phone: (360) 473-5323 SUMMARY: Approval of the following checks and electronic fund transfers: 1. Check Numbers 398168-398350 and Electronic Fund Transfers V35156-V35262 in the grand total amount of $3,046,694.94 2. Regular Payroll for pay period April 30, 2022 in the amount of $944,469.47 ATTACHMENTS: FISCAL IMPACTS (Include Budgeted Amount): STUDY SESSION AGENDA: Limited Presentation Full Presentation STUDY SESSION ACTION: Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Move to approve the consent agenda as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 AGENDA BILL CITY OF BREMERTON 4B CITY COUNCIL SUBJECT: Minutes of Meeting Study Session Date: N/A May 4, 2022 COUNCIL MEETING Date: May 18, 2022 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: The Minutes of Meeting held on May 4, 2022 are attached. ATTACHMENTS: Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: N/A STUDY SESSION ACTION: Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Move to approve the May 4, 2022 Meeting Minutes as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/3/17 DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wednesday, May 4, 2022 A virtual meeting of the City Council of the City of Bremerton was called to order Wednesday, May 4, 2022, at 5:30 PM with Council President Michael Goodnow presiding. Council Members present were Eric Younger, Anna Mockler, Quinn Dennehy, Jeff Coughlin, Denise Frey, and Jennifer Chamberlin. Also present were Assistant City Attorney Brett Jette; City Clerk Angela Hoover; Legislative Office Manager Lori Smith; and IT Manager Dave Sorensen. President Goodnow announced that the City Council is conducting the Council Meeting via Zoom, and all Council Members and staff will be participating remotely. Mayor Wheeler provided highlights of the following items 2022 Youth Leadership Award selection Andrew Kehm; WA State Department of Commerce 2021-2023 Connecting Housing to Infrastructure; Program (CHIP): Water, Sewer, and Stormwater for Affordable Housing; Request for feedback about cable television, broadband, and internet service; Gold Mountain Golf Course; Permit Activity; West Kitsap Way Study, SR-3 to Chico Way Project Summary; and Introduced St. Michael Medical Center President Chad Melton. PUBLIC RECOGNITION Comments from the public were provided by Lovey Clayton, Jo Walter, Jeff Campbell, and ; with responses provided by Mayor Wheeler and President Goodnow CONSENT AGENDA 4A Claims & Check Register: Check Numbers 397968 through 398167 and EFT-V35069 through EFT-V35155 in the grand total amount of $1,734,314.22; Regular Payroll for pay period ending April 15, 2022 in the amount of $961,530.44; Regular Payroll for payouts for pay period April 15, 2022 in the amount of $2,822.63; and Retiree Payroll for pay period ending April 30, 2022 in the amount of $47,335.91 4B Minutes of Meeting April 20, 2022 4C Minutes of Study Session April 27, 2022 4D Professional Services Agreement with Robinson Noble, Inc. for Water Rights and Hydrogeological Technical Support 4E Confirm Appointment of Lynn Horton to the Arts Commission 4F Confirm Appointment of Emerald Lessley to the Arts Commission 4G Confirm Appointment of Ed Coviello to the Planning Commission 4H Professional Services Agreement with Camino, Inc. for an improved online Permitting Application Process 4I Ordinance No. 5448 amending Chapter 2.18 of the Bremerton Municipal Code entitled There were no questions and comments from the public 6:12 M/S/C/U (Chamberlin/Coughlin) Move to approve the C ONSENT A GENDA as presented. City Council Reg. Mtg. Minutes Wednesday, May 4, 2022 Page 2 of 3 GENERAL BUSINESS Item was pulled from the Agenda tonight, and rescheduled to May 18 5A PROFESSIONAL SERVICES AND FUNDING AGREEMENT WITH THE DOWNTOWN BREMERTON ASSOCIATION FOR THE MAINSTREET AMERICA PROGRAM 6A PUBLIC HEARING ON ORDINANCE NO. 5449 ADOPTING REVISIONS TO THE EASTSIDE VILLAGE SUBAREA PLAN; AND ADOPTING THE DESIGN REVIEW BOARD PROCESS: Planning Manager Garrett Jackson used a Power Point to further explain that 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. President Goodnow explained the purpose of this Public Hearing is to accept public comment; and that Questions and comments from the public were submitted by Rick Herrell, Dale Sperling, David Fisher, Will Mentor, Sam Gordon, Jill Stanton, Jeff Campbell, Dean Kelly, Jo Walter, Jeff Cole, and Kimmy Siebens; with responses provided by Mr. Jackson With no further questions, President Goodnow closed the hearing to the public, and opened 7:09 provided by Chamberlin, Frey, Dennehy, Coughlin, Mockler and Goodnow; with responses provided by Mr. Garrett 7:36 M/S/C/U (Chamberlin/Frey) Move to pass Ordinance No. 5449 as recommended by the Planning Commission to amend the Eastside Village Subarea Plan. COUNCIL MEMBER REPORTS Jennifer Chamberlin encouraged the community to provide input proposal, which provides an option to the traditional 180-school calendar; and hoped for more collaboration to bring needed health care services to Bremerton. Denise Frey would like District 2 to be considered for parks development; discussed the YMCA Pool and Sheridan Park Community Center; and welcomed Spiva Cooking to District 1 which recently opened on Lebo Boulevard. Jeff Coughlin enjoyed Arbor Day; reminded people to watch out for cyclists; welcomed Mediterranean Market to District 3 which recently opened on Pacific Avenue; invited resident to participate in the Spring Curb Alert on May 7 in Manette; and encouraged community n May 14. Quinn Dennehy spoke of his history living in New Orleans during the devastation of Hurricane Katrina, and how he felt the need to express gratitude and hope to his fellow Council Members after returning from a recent trip from New Orleans where he saw for himself that it is again a thriving community due to the success of good government policy and community partnerships. City Council Reg. Mtg. Minutes Wednesday, May 4, 2022 Page 3 of 3 Anna Mockler sent District 6; and her honor to co-host a Rally for Reproductive Justice with fellow Council Members Chamberlin and Frey on Friday, May 6. Eric Younger thanked Council Member Frey for bringing up the long history of the Sheridan Park building, which reminded him of a fond memory from many years ago when his son was in the Tiny Tots Program there; announced the next Kitsap Sun Storywalk on Saturday, May 7 would be a tour around Kitsap Lake; and expressed appreciation to the Council for their patience with remote meetings, since it allows him to still participate, even while quarantining Michael Goodnow wished Jennifer Chamberlin a belated Happy Birthday; and acknowledged success of the Charleston Community Clean-Up. President Goodnow announced that until after June 1, 2022 when the Emergency Proclamation is expected to be lifted, the meetings will continue to be held remotely, including the next Study Session on Wednesday, May 11 at 5:00 PM. With no further business, President Goodnow adjourned the Council Meeting at 8:01 PM. Prepared and Submitted by: ______________________________ LORI SMITH Legislative Office Manager th APPROVED by the City Council on the 18 day of May, 2022. ________________________________________ MICHAEL GOODNOW, City Council President Attest: ________________________________________ ANGELA HOOVER, City Clerk MG:AH:ls:cg AGENDA BILL CITY OF BREMERTON 4C CITY COUNCIL SUBJECT: Minutes of Study Session Study Session Date: N/A May 11, 2022 COUNCIL MEETING Date: May 18, 2022 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: The Minutes of Study Session held on May 11, 2022 are attached. ATTACHMENTS: Study Session Minutes FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: N/A STUDY SESSION ACTION: Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Move to approve the May 11, 2022 Study Session Minutes as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/3/17 CITY COUNCIL STUDY SESSION MINUTES Wednesday, May 11, 2022 A virtual Study Session of the City Council of the City of Bremerton was called to order on Wednesday, May 11, 2022 at 5:00 PM, with Council President Michael Goodnow presiding. Other Council Members present were Eric Younger, Anna Mockler, Quinn Dennehy, Jeff Coughlin, Denise Frey, and Jennifer Chamberlin. Also present were Legislative Office Manager Lori Smith and IT Systems Engineer Hans Nilsson. President Goodnow established that the City Council is conducting the Study Session via Zoom, and that all Council Members and staff will be participating remotely. He further established that the Study Session is open for the public to listen-in, but there will be no opportunities for input; the content of these items is subject to change; If approved by the Council, these items will be placed on the May 18, 2022 City Council Virtual A. BRIEFINGS on AGENDA BILL ITEMS 1. Confirm Reappointment of Harrington Griffin to the Lodging Tax Advisory Committee Consent Agenda 2. Confirm Appointment of Max Sinitsa, CPA to the Audit Committee Consent Agenda 3. Public Works Agreement with Petersen Brothers, Inc. for the Guardrail Installation along Shore Drive at E 11th Street Consent Agenda 4. Goods & Services Agreement with CED-Bremerton for the Purchase of Emergency Generator for Lift Station EB-3 Consent Agenda 5. Proposed Public Hearing to Receive Public Comment on 2020 Census and Council Redistricting 6. Resolution repealing Resolution No. 3344, and adopting updating the Bremerton City Council Rules and Procedures Consent Agenda B. GENERAL COUNCIL BUSINESS o Public Safety Committee Briefing (Last meeting 5/5/2022) Chair Jennifer Chamberlin o Process for Proposed Amendments to the City of Bremerton Charter City Attorney Kyle Finnell A more in-depth discussion was postponed to a future date o Other General Council Business was discussed, including a proposed Resolution to establish that the Council will continue to hold their meetings remotely until July 20, 2022, and at that time to reassess whether or not to continue meeting remotely. President Goodnow announced that all meetings will continue to be held remotely until further notice, including the next Council Meeting on Wednesday, May 18, 2022, beginning at 5:30 PM. With no further business, the Study Session was adjourned at 7:40 PM. Prepared and Submitted by: ______________________________ LORI SMITH Legislative Office Manager City Council Study Session Minutes Wednesday, May 11, 2022 Page 2 of 2 th APPROVED by the City Council on the 18 day of May, 2022. MICHAEL GOODNOW, Council President ATTEST: ______________________________ ANGELA HOOVER, City Clerk MG:AH:ls:cg AGENDA BILL CITY OF BREMERTON 4D CITY COUNCIL SUBJECT: Confirm Reappointment of Study Session Date: May 11, 2022 Harrington Griffin to the Lodging Tax COUNCIL MEETING Date: May 18, 2022 Advisory Committee Department: Executive Presenter: Mayor Wheeler Phone: (360) 473-5266 SUMMARY: RCW 67.28 and BMC Chapter 2.38 outline membership requirements for the Lodging Tax Advisory Committee as follows: two (2) members from organizations that support activities which are authorized to be funded by hotel-motel tax revenue; two (2) members from businesses that collect the hotel-motel tax; and an elected official (Council Member). The Mayor is seeking confirmation for the reappointment of Harrington Griffin, General Manager for the Fairfield Inn & Suites to the Lodging Tax Advisory Committee. The appointment of Mr. Griffin relates to a committee position for businesses that collect the hotel- motel tax within Bremerton; and is for a term expiring on May 17, 2025. ATTACHMENTS: Applications are 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 reappointment of Harrington Griffin to the Lodging Tax Advisory Committee for the remainder of the term expiring May 17, 2025. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/07/15 AGENDA BILL 4E CITY OF BREMERTON CITY COUNCIL SUBJECT: Confirm Appointment of Max Study Session Date: May 11, 2022 Sinitsa, CPA to the Audit Committee COUNCIL MEETING Date: May 18, 2022 Department: Audit Committee Presenter: Jeff Coughlin Phone: (360) 473-5280 SUMMARY: The Certified Public Accountant (CPA) position on the Audit Committee is designated by the City Council per Article III, Section 18 of the City Charter and Chapter 2.18 of the Bremerton Municipal Code (BMC). It is recommended that Max Sinitsa, CPA be designated as a member for a 3-year term expiring May 17, 2025. ATTACHMENTS: 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 appointment of Max Sinitsa, CPA as a member of the Audit Committee for a term expiring May 17, 2025. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/3/17 AGENDA BILL CITY OF BREMERTON 4F CITY COUNCIL SUBJECT: Public Works Agreement with Study Session Date: May 11, 2022 Petersen Brothers, Inc. for the Guardrail COUNCIL MEETING Date: May 18, 2022 th Installation on Shore Drive at E. 11 Street Department: Public Works & Utilities Presenter: Dave Carter Phone: (360) 473-5333 SUMMARY: Installation of approximately 275 ft of new guardrail at the divided segment of Shore thth Drive between E. 11 Street and E. 10 Street. Total Cost is $41,161.21 (not including WA State Sales Tax). ATTACHMENTS: 1) Public Works Agreement; 2) Bid Sheet; 3) Photo of location FISCAL IMPACTS (Include Budgeted Amount): Project is funded as a City Safety Improvement in the Transportation Capital Project Fund. STUDY SESSION AGENDA: Limited Presentation Full Presentation STUDY SESSION ACTION: Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Move to approve the Public Works Agreement for the Shore Drive Guardrail Installation Project with Petersen Brothers, Inc. in the amount of $41,161.21 plus any applicable sales tax; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/09/2021 PUBLIC WORKS AGREEMENT THIS AGREEMENT is entered into between the City of Bremerton, a Washington Petersen Brothers, Inc is 2008 East Valley Highway Sumner WA 98390. The parties agree as follows: 1. CONTRACTOR SERVICES. The Contractor shall perform the following th services for the City: Guardrail install along Shore Dr. at E 11St. 2. TIME OF COMPLETION. Contractor shall complete the work within 45 Proceed. 3. COMPENSATION. The City shall pay the Contractor the total amount of $41,161.21. Applicable Washington State Retail Sales Tax on the is contract shall be governed by WAC 458-20-171 and its related rules for the work contemplated in this agreement. The City shall pay the Contractor ninety percent (90%) of the Contract amount upon completion and acceptance of the work by the City, and the remainder upon fulfillment of the conditions listed below and throughout this agreement. A. No Performance Bond. Because this contract including applicable sales tax is $150,000 or less, and pursuant to Chapter 39.08 RCW, the Contractor, in lieu of providing the City a performance bond, has elected to have the City retain the final ten percent (10%) of the Contract amount for a period of thirty (30) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue and the State Department of Labor & Industries and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. 4. INDEPENDENT CONTRACTOR. Contractor is and shall be at all times acting as an independent contractor and not as an employee of the City. The Contractor shall secure at its expense and shall be responsible for all payments of income tax, social security, state disability insurance compensation, unemployment compensation, and all other payroll deductions for the Contractor, officer, agents, employees and sub-contractors. The Contractor shall also secure all applicable business licenses, if required, in connection with the contract services, including all required licenses for Contractor's officers, agents, employees and sub- contractors. 5. TERMINATION. The City events: PUBLIC WORKS AGREEMENT Page 1 of 10 (between City of Bremerton and Peterson Brothers) A. skilled workers or proper materials for completion of the Contract work. B. this agreement. C. - contractors or for material or labor. D. regulations. E. bankruptcy or becoming adjudged bankrupt. If the City terminates this agreement for good cause, the Contractor shall not receive any further monies due under this agreement until the Contract work is completed. 6. PREVAILING WAGES. Contractor shall file a commencing the Contract work. Contractor shall pay prevailing wages and comply with Chapter 39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate provisions. The latest prevailing wage rate revision issued by the Department of Labor and Industries is attached. 7. CHANGES. The City may issue a written work change directive for any change in the Contract work during the performance of this agreement. If the Contractor determines, for any reason, that a change order is necessary, Contractor must submit a written change order request to ntractor knew or should have known of the facts and events giving rise to the requested change. If the City determines that make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Contractor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Contractor shall proceed with the change order work upon receiving a written work change directive or change order from the City. If the Contractor fails to require a change order within the time allowed, the Contractor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Contractor disagrees with the equitable adjustment the Contractor must complete the change order work; however, the Contractor may elect to protest the adjustment as provided below: A. Procedure and Protest by the Contractor. If the Contractor disagrees with anything required by a work change directive or change order, including any direction, instruction, interpretation, or determination by the City, the Contractor shall: PUBLIC WORKS AGREEMENT Page 2 of 10 (between City of Bremerton and Peterson Brothers) 1. Immediately give a signed written notice of protest to the City; 2. Supplement the written protest within fourteen (14) calendar days with a written statement that provides the following information: a. protest. b. The nature and circumstances that caused the protest. c. The provisions in this agreement that support the protest. d. The estimated dollar cost, if any, of the protested work and how that estimate was determined. e. An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. The Contractor shall keep complete records of extra costs and time incurred as a result of the protested work. The City shall have access eded for evaluating the protest. 3. The City will evaluate all protests, provided the procedures in this section are followed. If the City determines that a protest is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. B. . In spite of any protest, the Contractor shall proceed promptly with the work as the City has ordered. C. . The Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by Contractor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Contractor also waives any additional entitlement and accepts from the City any written order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Contractor completely waives any claims for protested work and accepts form the City any written order (including directions, instructions, interpretations, and determination). PUBLIC WORKS AGREEMENT Page 3 of 10 (between City of Bremerton and Peterson Brothers) 8. CLAIMS. The Contractor shall give written notice to the City of all claims other than change orders within fourteen (14) calendar days of the occurrence of the events giving rise to the claims. Any claim for damages, additional payment for any reason, or extension of time, whether under this agreement or otherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this agreement; or, if (and only if) no such provision is applicable, unless that claim is set forth in detail in writing and received by the City within seven (7) calendar days from the date Contractor knew, or should have known, of the facts giving rise to the claim. At a minimum, 7.A.2.a.-e. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. Contractor must, in any event, file any claim or bring any suit arising from or connected with this agreement within 120 calendar days from the date the contract work is complete. 9. WARRANTY. The Contractor shall correct all defects in workmanship and defects are corrected, the warranty for that portion of the work shall extend for one year form the date such correction is completed and accepted by the City. The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. 10. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its officer, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits including all legal costs and attorney fees, arising out of or in connection with the performance of this agreement, except for injuries and damages caused by t negligence. be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officials, employees, agents and vo IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSE OF PUBLIC WORKS AGREEMENT Page 4 of 10 (between City of Bremerton and Peterson Brothers) THIS INDEMNIFICATION. THE PARTIES ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this agreement. 11. INSURANCE. The Contractor shall procure and maintain for the duration of this agreement, insurance against claims for injuries to persons or damage to property that may arise from or in connection with the performance of the Contract work by the Contractor, its agents, representatives, employees or sub-contractors. Before beginning the work on the project described in this agreement, the Contractor shall provide a Certificate of Insurance evidencing: A. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and B. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and $2,000,000 aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad from property damage; explosion, collapse and underground (XCU) if applicable; and C. Excess Liability insurance with limits not less than $1,000,000 per occurrence and aggregate; and D. Workers Compensation insurance as statutorily required by the Industrial Insurance Act of the State of Washington, Title 51, Revised Code of Washington and employer's liability with limits not less than $1,000,000. . Any payment of deductible or self-insured retention shall be the sole responsibility of the Contractor. The City, its officials, employees, agents and volunteers shall be named as an additional insured on the insurance policy, as respects work performed by or on behalf of the Contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. separately to each insured against whom claim is made or suit is brought, except with respects to The Consultant's insurance shall be primary and non-contributory insurance as respects the City and shall contain a waiver of subrogation against the City for claims arising out of any operations, liabilities and obligations to which coverage applies. It shall be an affirmative -5161, or by th certified mail, return receipt requested to City of Bremerton, attn: Risk Management, 345 6Street, Suite 100, Bremerton, WA 98337 within two days of the cancellation, suspension or PUBLIC WORKS AGREEMENT Page 5 of 10 (between City of Bremerton and Peterson Brothers) substantive change of any insurance policy set out herein, and failure to do so shall be construed to be a breach of this Agreement. The City reserves the right to receive a certified copy of all the required insurance policies. 12. MISCELLANEOUS. A. Equal Employment Opportunity Statement. In the hiring of employees for the performance of work under this Agreement, the Contractor, its subcontractors, or any person acting on behalf of Contractor shall not discriminate in any employment practice on the basis of age (40+), sex, race, creed, color, national origin, sexual orientation/gender identity, marital status, military status, or the presence of any physical, mental or sensory disability. B. ADA Statement. The City of Bremerton does not discriminate on the basis of disability in programs and activities, which it operates pursuant to the requirements of the Americans with Disabilities Act of 1990, and ADA Amendments Act. This policy extends to both employment and admission to participation in the programs, services and activities of the City of Bremerton. Reasonable accommodation for employees or applicants for employment will be provided. C. Compliance with Laws. Contractor shall comply with all federal, state and local laws, rules and regulations throughout every aspect in the performance of this agreement. D. . Contractor shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of this agreement. All work shall be done at Con shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. E. Nonwaiver of Breach. The failure of the City to insist upon strict performance of any of the terms and rights contained herein, or to exercise any option herein conferred in one or more instances, shall not be constructed to be a waiver or relinquishment of those terms and rights and they shall remain in full force and effect F. Governing Law. This agreement shall be governed and construed in accordance with the laws of the State of Washington. If any dispute arises between the City and Contractor under any of the provisions of this agreement, resolution of that dispute shall be available only through the jurisdiction, venue and rules of the Kitsap County Superior Court, Kitsap County, Washington. G. . To the extent not inconsistent with RCW 39.04.240, in any performance of this agreement, each party to indemnification under Section 10 of this agreement. H. Written Notice. All communications regarding this agreement shall be sent PUBLIC WORKS AGREEMENT Page 6 of 10 (between City of Bremerton and Peterson Brothers) to the parties at the addresses listed on the signature page of this agreement, unless otherwise notified. Any written notice shall become effective upon delivery, but in any event three (3) calendar days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated on this agreement. I. Assignment. Any assignment of this agreement by the Contractor without the written consent of the City shall be void. J. Modification. No waiver, alteration, or modification of any of the provisions of this agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Contractor. K. Severability. If any one or more sections, sub-sections, or sentences of this agreement are held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this agreement and the remainder shall remain in full force and effect. L. Entire Agreement. The written provisions and terms of this agreement, together with any attached Exhibits, supersede all prior verbal statements by any representative of the City, and those statements shall not be construed as forming a part of or altering in any manner this agreement. This agreement and any attached Exhibits contain the entire agreement between the parties. Should any language in any Exhibit to this agreement conflict with any language contained in this agreement, the terms of this agreement shall prevail. IN WITNESS WHEREOF, the parties below have executed this agreement. CONTRACTOR THE CITY OF BREMERTON Print Name: Print Name: Title: Title: DATE DATE Notices to be sent to: Notices to be sent to: CONTRACTOR: CITY OF BREMERTON: th 345 6Street, Suite 100 Bremerton, WA 98337 (360) (360) (facsimile) PUBLIC WORKS AGREEMENT Page 7 of 10 (between City of Bremerton and Peterson Brothers) APPROVED AS TO FORM: Kylie Finnell, Bremerton City Attorney ATTEST: Angela Hoover, City Clerk R:\\Legal\\Legal\\Forms\\FORMS ON COBWEB\\Public Works Agreement (short form) Rev. 06 2020.DOC PUBLIC WORKS AGREEMENT Page 8 of 10 (between City of Bremerton and Peterson Brothers) PREVAILING WAGES AGENDA BILL CITY OF BREMERTON 4G CITY COUNCIL SUBJECT: Goods & Services Agreement Study Session Date: May 11, 2022 with CED-Bremerton for the Purchase of COUNCIL MEETING Date: May 18, 2022 Emergency Generator for Lift Station EB-3 Department: PW&U/WWTP Presenter: Eric J. Burris Phone: (360) 473-5448 SUMMARY: Lift station EB-3 is located in Manette and currently does not have a permanent emergency generator. The location of the lift station makes it very difficult for staff to transport a portable generator to the station in a reasonable amount of time during storm events. Staff received two quotes for a stationary generator. The first quote was from Power Systems West for $42,904.68 including applicable sales tax. The second quote was from CED Bremerton in the amount of $36,018.00 including applicable sales tax. ATTACHMENTS: 1) Goods and Services Agreement 2) Quote #26863771 from Power Systems West; 3) Quote #Q1014472 Revision #014 from CED Bremerton FISCAL IMPACTS (Include Budgeted Amount): Purchase was included in the 2022 Fund 451 budget. STUDY SESSION AGENDA: Limited Presentation Full Presentation STUDY SESSION ACTION: Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Move to approve the Goods and Services Agreement with CED Bremerton for the purchase of a generator in the amount of $36,018.00 including sales tax, and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/09/2021 HPPET!BOE!TFSWJDFT!BHSFFNFOU! UIJT!BHSFFNFOU-!jt!foufsfe!joup!cfuxffo!uif!Djuz!pg!Csfnfsupo-!b!Xbtijohupo! Nvojdjqbm!Dpsqpsbujpo!)#Djuz#*-!boe!DFE!.!Csfnfsupo!)#Wfoeps#*-!xiptf!nbjmjoh!beesftt!jt;!5614! Bvup!Dfoufs!Xbz-!Csfnfsupo-!XB!:9423/! Uif!qbsujft!bhsff!bt!gpmmpxt;! J/WFOEPS!TFSWJDFT/!!Uif!Wfoeps!tibmm!qspwjef!uif!gpmmpxjoh!hppet!boe!nbufsjbmt boe0ps!qfsgpsn!uif!gpmmpxjoh!tfswjdft!gps!uif!Djuz; Dvnnjot!D9po7-!91lx!Hfofsbups! 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AGENDA BILL CITY OF BREMERTON 4H CITY COUNCIL SUBJECT: Study Session Date: May 11, 2022 Resolution No. 3348 authorizing Remote COUNCIL MEETING Date: May 18, 2022 Council Meetings through July 20, 2022 Department: Legal Presenter: Kylie Finnell Phone: (360) 473-2335 SUMMARY: A majority of the City Council has determined that due to the ongoing coronavirus emergency, including consideration of recent state and local increases in coronavirus cases and deaths, the City Council cannot hold an in-person public meeting with reasonable safety at this time, and therefore will continue to meet remotely through July 20, 2022. ATTACHMENTS: Resolution No. 3348 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. 3348 authorizing Remote Council Meetings through July 20, 2022. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 RESOLUTION NO. 3348 A RESOLUTION of the City Council of the City of Bremerton, Washington, determining that City Council meetings will continue to be held remotely through July 20, 2022. WHEREAS, on April 29, 2022, Governor Inslee issued Proclamation 20-28.16, rescinding the Proclamation 20-28 series which required meetings subject to the Open Public Meetings Act to be held remotely; and WHEREAS, Engrossed Substitute House Bill 1329 was signed by the Governor on March 24, 2022 and allows meetings of a governing body to be held remotely when a local, state or federal emergency has been declared and the governing body determines that it cannot hold a meeting of the governing body with members or public attendance in person with reasonable safety because of the emergency; and WHEREAS, the State of Washington is in a declared state of emergency under Proclamation 20-05 due to the Covid-19 pandemic; and WHEREAS, new coronavirus cases have risen 124.8% this week in Washington State; and WHEREAS, Kitsap County reported 835 new coronavirus cases and six deaths in the last week and a week earlier, it had reported 327 new coronavirus cases and zero deaths; and WHEREAS, a majority of the City Council has determined that due to the ongoing coronavirus emergency the City Council cannot hold an in-person public meeting with reasonable safety at this time; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council of the City of Bremerton will continue to meet remotely through July 20, 2022. SECTION 2. Severability. If any one or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. SECTION 3. Effective Date. This Resolution shall take effect and be in force immediately upon its passage. PASSED by the City Council of the City of Bremerton, Washington this _____ day of __________________, 2022. Page 1 of 2 MICHAEL GOODNOW, Council President APPROVED AS TO FORM: ATTEST: KYLIE J. FINNELL, City Attorney ANGELA HOOVER, City Clerk Page 2 of 2 AGENDA BILL CITY OF BREMERTON 4 I CITY COUNCIL SUBJECT: Study Session Date: May 11, 2022 Resolution No. 3349 repealing Resolution COUNCIL MEETING Date: May 18, 2022 No. 3344; and adopting updated Council Department: Legal Rules & Procedures Presenter: Kylie Finnell Phone: (360) 473-2335 SUMMARY: 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. 3349; and 2. Amended Bremerton City Council Rules & Procedures 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. 3349 repealing Resolution No. 3344; and adopting new Bremerton City Council Rules & Procedures. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 RESOLUTION NO. 3349 A RESOLUTION of the City Council of the City of Bremerton, Washington, repealing Resolution No. 3344 and adopting new Rules & Procedures for the City Council to conduct its business. WHEREAS, the City Council adopted Resolution No. 3344 on February 2, 2022, which adopted Rules & Procedures for the City Council to conduct its business; and WHEREAS, the City Council desires to update the Rules & Procedures for the City Council; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Resolution No. 3344 is hereby repealed in its entirety. SECTION 2. The Bremerton City Council Rules & Procedures attached hereto as Exhibit A are hereby adopted and shall become effective upon passage of this resolution. SECTION 3. Severability. If any one or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. SECTION 4. Effective Date. This Resolution shall take effect and be in force immediately upon its passage. PASSED by the City Council of the City of Bremerton, Washington this day of , 2022. MICHAEL GOODNOW, Council President APPROVED AS TO FORM: ATTEST: KYLIE FINNELL, City Attorney ANGELA HOOVER, City Clerk Bremerton City Council Rules & Procedures Rules & Procedures Page 1 Resolution No. 3349 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 ......................................................................... 8 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. 3349 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 or 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). 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: Rules & Procedures Page 3 Resolution No. 3349 (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 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 shtelephonic 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 Rules & Procedures Page 4 Resolution No. 3349 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. (c) 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. (d) Council members appearing via telephone remotely may participate and vote during the meeting as if they were physically present at the meeting. (e) 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 presiding officer. The President/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 may 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. 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 Rules & Procedures Page 5 Resolution No. 3349 following: (a) Standing Committees: i. Committee of the Whole consisting of the full council membership, ndth with the Council President as chair, to serve the 2 and 4 Wednesday 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. 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. Rules & Procedures Page 6 Resolution No. 3349 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. All written materials supplementing an agenda bill should be filed with the City Clerk and presented to the Council Legislative Office Manager for distribution to the 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. 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 designated. Immediately following The Council Meeting shall meet in the designated st First Floor Meeting Chambers, unless a different location is so designated, on the first and third 1 rd 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 may 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 (for special occasions) -Invocation (b) Mayors Report (c) Consent Agenda (d) Public Recognition (may continue after General Business) (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 Room, ndth 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 Rules & Procedures Page 7 Resolution No. 3349 (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, Subsections (1) and (2) above. 6. Regular Council Meetings Televised: The Regular Council meetings shall be televised unless otherwise directed by Council. 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 Rules & Procedures Page 8 Resolution No. 3349 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 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 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 shall have the right 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 Rules & Procedures Page 9 Resolution No. 3349 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. 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 Council 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 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 Rules & Procedures Page 10 Resolution No. 3349 staff of the City, shall be empowered or authorized to require the Legislative Office Manager 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. 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. Members should now give consideration as 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 ii. hould excuse themselves due to a conflict with the Appearance of Fairness doctrine, or for another (d) Council President calls upon Administrative Staff to present the Rules & Procedures Page 11 Resolution No. 3349 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. * 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 circumstances of such view on the record. 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. thth Dated this 6 day of March, 2013. 18 day of May, 2022 MICHAEL GOODNOW 2022 City Council President Rules & Procedures Page 12 Resolution No. 3349 PUBLIC COMMENTS From: Lisa & Norm Tindall <nltindall@comcast.net> Sent: Thursday, May 12, 2022 10:35 PM To: City Council <City.Council@ci.bremerton.wa.us>; Greg Wheeler <Greg.Wheeler@ci.bremerton.wa.us> Subject: Bravo Yes to leaving out the antiquated pledge of allegiance. Yes to make all your time dedicated to serving. Sent from Lisa’s iPhone From: jane Rebelowski <janerebelowski@yahoo.com> Sent: Friday, May 13, 2022 8:06 AM To: City Council <City.Council@ci.bremerton.wa.us>; Greg Wheeler <Greg.Wheeler@ci.bremerton.wa.us> Subject: Pledgeof allegiance and invocation I applaud the City Council for their decision to drop the antiquated Pledge and invocation at the beginning of each council meeting! Jane Rebelowski Bremerton 98337 Sent from my iPhone From: 360XXXXXXX@vzwpix.com Sent: Friday, May 13, 2022 11:21 AM To: City Council <City.Council@ci.bremerton.wa.us> Subject: "Bremerton City Council plans to nix Pledge of Allegiance at meetings" How utterly disappointing!! Bremerton is a military town! One would think the council would have a higher regard for our flag and this country! Shame on you!!! From:John Rogers <johnrogers.vocals@gmail.com> Sent:Friday, May 13, 2022 12:20 PM To:City Council <City.Council@ci.bremerton.wa.us> Subject:Pledge of Allegiance Very disappointed with Quinn Dennehey views about the Pledge.We still live in the greatest country.You should emigrate to China or Russia.Bremerton is a military town.Best of luck. God Bless America From: Bill11w21 <bill11w21@aol.com> Sent: Friday, May 13, 2022 10:52 AM To: Greg Wheeler < Greg.Wheeler@ci.bremerton.wa.us> Subject: Eliminating the Peldge of Allegiance Thank you, Mr. Mayor for your stance on eliminatine "the Pledge." To "the devil" with some in the community who may feel uninvited by its recitation. The Council should be reminded that Bremerton is situated between two massive military bases employing thousands of servicemembers and civilians, PSNSand JBLM. The Council needs only to look across Sinclair Inlet to Port Orchard where the National Anthem is played for for the neighbors to hear at the Kitsap County Courthouse as the flag is raised before the doors are unlocked for the public to enter. Next Wednesday's vote must be postponed to allow public input. The tail does not wag the dog. Remember, if you stand for nothing, you'll fall for anything. Bill Williams Kingston, WA From: Harvey Kravitz <harveykravitz@outlook.com> Sent: Friday, May 13, 2022 1:45 PM To: Greg Wheeler <Greg.Wheeler@ci.bremerton.wa.us> Subject: Pledge Sent from Outlook Dear Mayor Wheeler, Since you are a Navy Veteran, I hope you have the influence to keep this vote from passing.. Below is my feelings about keeping the Pledge Of Allegiance in the council meetings Iread in shock that the Bremerton City Council will vote on eliminating the Pledge Of Allegiance. This is a slap in the face to us Veterans who served and defended this great Country of ours. As a Disabled Navy Veteran, I am speechless and offended that this would even be brought up to a vote without the input of the community. Bremerton is a Navy/Military city, and has a long standing tradition of honoring our Military Heritage. I hope the city council will reconsider to keep the Pledge. Those who wish to say the Pledge should be allowed the freedom to do so.. For those who don't, let them think of the Freedoms the Military provided for them. Very Respectfully, Harvey Kravitz Bremerton, WA From: Doug Logan <dragon23@comcast.net> Sent: Friday, May 13, 2022 9:50 PM To: City Council <City.Council@ci.bremerton.wa.us> Subject: Pledge of allegiance Bremerton council members, Are you all ignorant of what the Pledge of Allegiance means. It’s not antiquated but I’m beginning to think you are. I don’t want you representing me anymore with your “antiquated thinking”. Please resign and let us, the people, get some people who are loyal Americans lead us. Thanks Doug Logan From: Lisa Meehan <lisameehan3@gmail.com> Sent: Sunday, May 15, 2022 11:58 AM To: City Council <City.Council@ci.bremerton.wa.us> Subject: Pledge of Allegiance Bremerton is a Navy town. Veterans and their families return here after serving our country. Do NOT remove the Pledge of Allegiance from any public meeting. Lisa Meehan Bremerton, WA 98312 From: Christopher Sage <christopherdsage@gmail.com> Sent: Sunday, May 15, 2022 12:30 PM To: City Council <City.Council@ci.bremerton.wa.us> Subject: As ANTI-AMERICAN AS IT GETS! We are a Naval/Military community. If you don’t believe in our country, our constitution, and our Flag for which it stands, THEN GET OUT OF OFFICE! A vote to abolish the pledge is a vote for this council to be out of office. I’d be happy yo further address concerns you may have regarding this upcoming vote. Business Owner, Veteran, Father, Husband and AMERICAN. From: Joseph Saromines <jfsaromines@gmail.com> Sent: Sunday, May 15, 2022 2:17 PM To: City Council <City.Council@ci.bremerton.wa.us> Subject: Pledge of Allegiance City Council Have you lost your mind? Have you lost your common sense? Can you not see what your voting on is an attack on the FIRST AMENDMENT to our Constitution! Shame on you! Joseph Saromines From: Marcia Rubenstein <olympicrd@icloud.com> Sent: Sunday, May 15, 2022 1:31 PM To: City Council <City.Council@ci.bremerton.wa.us> Subject: Pledge of Allegiance Dear Bremerton City Council, The only folks who are uncomfortable hearing the Pledge of Allegiance are Radical Leftists. Please don’t kowtow to the Radical Left. Our culture and our traditions are what make us a great nation, and a wonderful place to live. Keep the Pledge! If you are uncomfortable reciting the Pledge of Allegiance, then perhaps you should seek alternate employment. Marcia Rubenstein From: Linda Popp <Keypopp3@gmail.com> Sent: Sunday, May 15, 2022 12:44 PM To: City Council <City.Council@ci.bremerton.wa.us> Subject: Pledge of Allegiance stance Good Afternoon, I heard that the Bremerton City Council will be voting on Wednesday as to whether or not to ban the United States Pledge of Allegiance at your meetings. What country do you live in? Your constituents - - where in the world do they live? The United States of America! We aren't asking people to sing the Canadian anthem, or display the British flag, we live in the United States of America. People coming to the United States would expect their residents to Pledge Allegiance to their own country. Just as if I were to go to Germany, I wouldn't expect them to stop singing their anthem or if they have a Pledge, to stop doing that, because I'm from another country and am unfamiliar with their ways. The thing that it would show me is that they are patriotic and proud of their country - - and that they all pull together through good and bad! What do you mean that you're concerned about making some feel uncomfortable or not welcomed? Bremerton, in particular, has a long history of military involvement. Do you think about how that makes all of our soldiers or Civil Servants feel? That you are considering not saying the Pledge of Allegiance that they've dedicated their lives, time, and careers for? You will make ALL of those people feel not welcomed by doing this!! You should be ashamed of yourselves for even considering this. I hope you realize, we're all watching you, and paying attention to how you're trying to degrade our city, county, state, and country. Linda K. Popp From: GArry QUalman <mrgqman45@gmail.com> Sent: Sunday, May 15, 2022 2:49 PM To: City Council <City.Council@ci.bremerton.wa.us> Subject: Pledge of allegiance and council support for the military and civil service I'm sure you will continue take into consideration the future of Bremerton and kitsap County when you look at rules and regulations that may be detrimental to keeping the Puget Sound Naval shipyard here in Bremerton. It may be possible for you to make a decision that would cause the navy to move. Please show your support for the military by keeping the Pledge of Allegiance and other symbols of patriotism as part of the town meeting. If you drive the military, civil service jobs and retired away what will be left of Bremerton? Garry Qualman Federal civil service worker in Kitsap County and former Washington national guard member. From: margohaleybrown <margohaleybrown@wavecable.com> Sent: Sunday, May 15, 2022 4:11 PM To: City Council <City.Council@ci.bremerton.wa.us> Subject: Vote NO on Banning The Pledge of Allegiance! Please VOTE NO on banning The Pledge of Allegiance to our beloved American Flag from your meetings! This should not even be an issue up for a vote! I am a retired U.S. Navy Veteran with a total of 30 years combined Naval Service, both Active Duty and Reserves. I am shocked that this is an issue that your Council considers vote worthy! Those people who feel 'uncomfortable' need to remove themselves and serve where they do feel comfortable. We should not be accommodating people who are not in alignment with our existing values and principles for this country. This nation was founded as a Constititional Republic, and our beloved American Flag is a symbol of that. If you do not express your Allegiance to this country, then where are you placing your Allegiance? If your Council bans The Pledge of Allegiance, then your organization is contributing to the erosion of this country! Please consider wisely! Margo Brown Sent from my Verizon, Samsung Galaxy smartphone From: Marcia Christian <machristian17@gmail.com> Sent: Sunday, May 15, 2022 6:29 PM To: City Council <City.Council@ci.bremerton.wa.us> Subject: Bannin the Pledge I don’t know what is the matter with whoever is doing this !! If you don’t like the pledge to the Flag of America then move out of America!!!! Most of us like it and respect our God given right to the Pledge to our American Flag!! From: Carol Caldwell <carolcaldwell77@gmail.com> Sent: Sunday, May 15, 2022 8:17 PM To: City Council <City.Council@ci.bremerton.wa.us> Subject: Pledge of Allegiance Dear Council Members, I cannot believe any of you would vote NOT to recite the Pledge of Allegiance at your meetings. Who do you pledge allegiance to? If someone is uncomfortable with you saying the pledge, they don’t have to say it and they don’t have to stay to hear it. But I imagine such people are in the minority. Do you serve the minority over the majority? Then the majority should vote you out. Sincerely, Carol Caldwell From: Vickie Crockett <vickiekcrockett@gmail.com> Sent: Monday, May 16, 2022 1:23 AM To: City Council <City.Council@ci.bremerton.wa.us> Subject: pledge of allegiance \[there was no message\] From: Darrell Wenzek <pastordew1@gmail.com> Sent: Monday, May 16, 2022 6:02 AM To: City Council <City.Council@ci.bremerton.wa.us> Subject: Honoring country The American flag is the symbol of the country in which we live. People do not have to say the pledge. If they are uncomfortable with other people showing respect for our country, let them find a country in which they can respect and go there. Darrell Wenzek Freeland, WA From: Jennifer Thorne <JenniferSThorne@outlook.com> Sent: Monday, May 16, 2022 7:21 AM To: City Council <City.Council@ci.bremerton.wa.us> Subject: Keep the pledge Bremerton and Kitsap County is a military town, and we honor the flag and our country. We live in the United States. Keep the pledge, even if there’s only a few attending. It’s a reminder that we are one country united, and we honor those who have sacrificed their all for this country and our families. Our standard is higher than making people feel uncomfortable. Those people have a right to voice their opinion, but do not silence those who honor and love our country. Jennifer Thorne, R.N. Bremerton, WA 98311 From: Barry T <barrytoepp@gmail.com> Sent: Monday, May 16, 2022 7:34 AM To: City Council <City.Council@ci.bremerton.wa.us> Subject: Pledge of allegiance Do not remove the pledge. People forget too easily why they are doing what they do. V/R Barry From: Joseph Saromines <jfsaromines@gmail.com> Sent: Monday, May 16, 2022 8:13 AM To: City Council <City.Council@ci.bremerton.wa.us> Subject: Pledge of Allegiance I have just found out you’re going to vote this Wednesday on whether or not to say the Pledge of Allegiance at the beginning of your meetings. This is ludicrous! What country do you think you live in? Even the Chinese and Russians acknowledge their allegiance to their country. If someone feels “uncomfortable” saying the Pledge, they can just stand quietly and respectfully. Which also makes me wonder, why are they serving on our council if they can’t pledge allegiance to our country. Stop listening to the far left radicals - that is not what Bremerton stands for. Our city supports and pledges allegiance to our nation. By the way, our main economy is supporting the military who support and protect our nation. Regards, Laurel Saromines From: Edward Reyman <edandpeg@sbcglobal.net> Sent: Monday, May 16, 2022 9:21 AM To: City Council <City.Council@ci.bremerton.wa.us> Subject: re. pledge of allegiance To whom it may concern, I'm asking that you PLEASE do not eliminate the Pledge of Allegiance from your meetings! If anyone is offended by our Pledge of Allegiance, they are obviously no friend to our flag & our country! Please do not capitulate to them! Thank you, Peggy Reyman From: HOLLACE VAUGHAN <archerre@aol.com> Sent: Monday, May 16, 2022 9:40 AM To: City Council <City.Council@ci.bremerton.wa.us> Subject: Pledge of Allegiance I understand that you city council members have decided not to take the time to recite the pledge of allegiance before meetings. This is despicable. You are bending to the voices of a few to the detriment of the many. The Pledge of Allegiance is an inspiring uplifting nine second recital of our love for our country and ought to be at the beginning of any meeting. We have so much for which to be grateful and our amazing country is at the top of the list. We ought to honor it every day of our lives and the Pledge is one very obvious way in which to do this. Please reconsider your decision and proudly recite the Pledge of Allegiance at all city council official gatherings. Hollace Vaughan From: BGRAYSSRW <BGRAYSSRW@Wavecable.com> Sent: Monday, May 16, 2022 9:49 AM To: City Council <City.Council@ci.bremerton.wa.us> Cc: BGRAYSSRW@Wavecable.com Subject: Pledge of Allegiance Council members: Our Pledge of Allegiance should remain a requirement of any body of the USA & State governments unless you are no longer in Allegiance with the USA. Who can you affend if they are truly Americans? Kitsap is home to our military families who pledge their Allegiance to our country & flag every day. Unless you want a pettition to go around to force you to say the pledge then perhaps you should keep it on your Agenda for each meeting. You were voted in; you can get voted out. R/ Bethany Gray From: ldrenfro@hctc.com <ldrenfro@hctc.com> Sent: Monday, May 16, 2022 9:47 AM To: City Council <City.Council@ci.bremerton.wa.us> Subject: I Pledge Allegiance City Council of Bremerton: I am shocked by the announcement that any of our ‘councils’ would want to remove our sacred Pledge of Allegiance! Whom, then, do you pledge your ‘Allegiance’ too? would be my question? And what (or who) prompted you to do this act? As leaders in your community, it is important to set an example of American patriotism and honor the sovereignty we have been blessed with, at great cost to those who defend it! The ‘Pledge’ reminds us of this. If anything, it should be repeated MORE often, considering what is taking place in this country/state. Anyone who would be ‘offended’, need not be in this country. What a disrespectful attitude to those who have died, served, and preserved this great nation. Being in Bremerton, near military people, I can only hope they vote you all OUT, knowing you all feel this way. I know if I see your name on my ballot, it will be a NO. I’m also aware that House Speaker Jinkins did the same type of ‘rule’ during last session, by ruling the name of “Jesus” be removed from opening prayers at Olympia. She will ALSO get a NO vote from us. We’ve called this State home for over 3 generations, and we are sadden and sickened by what is taking place the past 3 years. Now this? There are better people that can replace you, if you can’t honor and respect our Country, God, and the benefits it has provided. You all have lost your minds, your love of country, and your source of Truth. You all need to reconsider this action. Respectfully submitted, Diana Renfro Shelton, Wa. From: Kareena Ganavage <kareenaann22@hotmail.com> Sent: Monday, May 16, 2022 9:20 AM To: City Council <City.Council@ci.bremerton.wa.us> Subject: Pledge Of Allegiance Hi I am writing you to ask that you please keep the pledge of allegiance. We are In America we’re people have defended our freedom. From: Tom/karin Black <kablack@cbnn.net> Sent: Monday, May 16, 2022 1:01 PM To: City Council <City.Council@ci.bremerton.wa.us> Subject: Keep the Pledge of Allegiance Dear Members, Please do not change your meetings. Keep the pledge of allegiance. Any uncomfortable person does not need to recite it. Respect for those who work for, fight, and die for this country must be maintained. Please, Honor your country. Sincerely, Karin Black From: Candyce Gustafson <gustafsoncandyce@gmail.com> Sent: Monday, May 16, 2022 10:35 AM To: City Council <City.Council@ci.bremerton.wa.us> Subject: Dear City Council of Bremerton: I just received an email that you are voting this Wed. (May 18) to "do away with" the pledge of allegiance at your meetings. I am a patriot who loves this nation, as well as all the people that have "served" so valiantly, some have given their lives for our freedoms as guaranteed by our Constitution. We live in a military community. Please, please, please I urge you to vote against removing the pledge from your meetings. From one who served, Candyce Gustafson Poulsbo From: cindy allpress <allpress@wavecable.com> Sent: Monday, May 16, 2022 12:05 PM To: City Council <City.Council@ci.bremerton.wa.us> Subject: PLEDGE OF ALLEGIANCE I was just made aware of this, is this true ? "Q13 Fox reported .... the Bremerton city council is set to vote on Wednesday, May 18th at 5:30 pm on banning the saying of the pledge of allegiance before their meetings. " If in fact this is true this is very confusing. Why does the council feel this is necessary ? Are your members not American ? BOB & CINDY ALLPRESS " If we are to guard against ignorance and remain free, it is the responsibility of every American to be informed." Thomas Jefferson From: Susan Digby <digbycarsey@gmail.com> Sent: Saturday, May 14, 2022 8:18 AM To: Greg Wheeler <Greg.Wheeler@ci.bremerton.wa.us>; Anna Mockler <Anna.Mockler@ci.bremerton.wa.us> Subject: Pledge of allegiance alternatives? I fully support the council’s decision to start without the pledge of allegiance. If the concern is that the military will feel unrecognized is there another way to recognize them. Perhaps a physical sign at the City limits that identifies the role of the navy/military in Bremerton? Best regards, Susan From: Eric Storkerson <estork1968@gmail.com> Sent: Monday, May 16, 2022 5:01 PM To: City Council <City.Council@ci.bremerton.wa.us> Subject: City Council Vote on the Pledge of Allegiance and Invocation I am a citizen and resident of District 3 and am writing with my opinion in regards to the vote of removing the Pledge of Allegiance and the Invocation from City Council meetings. I am completely against these removals. They are a long-standing tradition meant to show support and solidarity to this country, as flawed as you may think the United States may be. The only reason any of you are sitting on City Council to begin with is from the opportunities afforded to you by this country. In so many other countries, you would never have been able to do what you all are doing now, sitting in public office and shaping laws. Do you really think you would be City Council members if you lived in Cuba, Venezuela, or Russia? This is a wonderful country providing opportunities for citizens that other people can only dream of. Is it so hard to just recognize that simple fact by stating an allegiance to this country and for what it stands for? For the life of me, I do not understand where this hatred comes from. No country is perfect, but to turn your back on the very country, your country, that has given everyone here so much is unconscionable. I don’t think by stating the Invocation or the Pledge of Allegiance is asking too much of each of you. Your time and votes should be occupied by such things as infrastructure improvements and public transportation, not extreme and controversial topics like this. Every City Council member knew this tradition came with the job and should not have accepted their position if they truly opposed it. Anyone who disavows the Pledge is a person who opposes opportunity, hope, and compassion. It should not matter what side of the aisle you sit on; this one patriotic act should unite all Americans. This vote must not add to the divisiveness of a country already in crisis. Vote against this removal and proudly support your community and the whole United States. -Eric From: Thompson, Michael C CIV USN NUWC DIV KPT WA (USA) <michael.c.thompson.civ@us.navy.mil> Sent: Monday, May 16, 2022 11:47 AM To: City Council <City.Council@ci.bremerton.wa.us> Cc: Mike (Gmail) <kingjc4me5@gmail.com> Subject: Is this true? (City council voting on pledge of allegiance) Mike Goodnow – I’m not sure if you remember me, but we served on the HMJ together, back in the day. Someone sent me a message today stating that the Bremerton City Council is voting on a measure to ban the saying of the pledge of allegiance prior to your meetings. Supposedly the vote is on Wednesday, 5/18. I don’t know if this is true or not, but I would like to make my voice heard if it is. I do NOT think banning the pledge of allegiance is a good idea at all. I maintain that anyone present during the meetings (either in person, or via Zoom) who objects to saying the pledge, certainly has the right NOT to say it. But I believe that banning the pledge does more harm than good. I’m really hoping that this message is a hoax, as I would hope the Bremerton City Council has much more important (and positive) items to deliberate on than this. Sincerely, Michael C. Thompson US Navy Veteran NUWC Keyport From: lisa schneider <lmschneider25@hotmail.com> Sent: Monday, May 16, 2022 3:08 PM To: City Council <City.Council@ci.bremerton.wa.us> Subject: Pledge of Allegiance It will be my new job starting now, that not one of you get reelected. How dare you in this Military town not do the Pledge of Allegiance. It will be known. Shame on you!!! From: Mark Mckinley <barcotiburon@icloud.com> Sent: Monday, May 16, 2022 7:37 PM To: City Council <City.Council@ci.bremerton.wa.us> Subject: About your decision on the Pledge I am a resident of the State of Washington and I’m appalled that you would consider the Pledge of Allegiance as antiquated, uninviting to some, and unrelated to city business. If that were the case, anything old, such as the Declaration of Independence, would be antiquated. As for uninviting, those who attend your meetings, assuming they are not illegal, would be US citizens. I hardly think a citizen would be sensitive to a tradition. And speaking of tradition, that is one thing our country needs more of not less. Please reconsider the idea of eliminating this tradition. Irene McKinley From: LEREN WETZEL <leren.w@yahoo.com> Sent: Monday, May 16, 2022 9:46 PM To: City Council <City.Council@ci.bremerton.wa.us> Subject: Banning the Pledge of Allegiance?! How dare you!!!Do not forget for a second who you work for.... the American taxpayer!You are supposed to represent ALL of the people and not just those who are sensitive.For those who may be offended they can stay home.The fact that you seem to forget why you are elected officials is disturbing.You were elected to serve ALL of the people, not a social narrative.The Pledge of Allegiance is a simple expression of gratitude and respect to our nations flag, our home, that we ALL share.How dare you disrespect something that stands for ALL of us.I will be paying attention how the vote goes and will be voting against anyone who stands against the Pledge of Allegiance. God Bless America.... We sure need it!!! From: mlcelectra2@aol.com <mlcelectra2@aol.com> Sent: Monday, May 16, 2022 10:52 PM To: City Council <City.Council@ci.bremerton.wa.us> Subject: The Pledge of Allegiance Vote To all the Bremerton City Council and Mayor Wheeler, I have just learned that you are having a vote on Wednesday, May 18, 2022, to ban saying the pledge of allegiance before the council meetings.I do not understand why this should ever be a subject to vote on. The city of Bremerton is part of Kitsap County, which is part of Washington state, which is one the fifty states of America.We should pledge our allegiance to America.If you feel that we should not, I have to wonder why you live in America.I do not understand why you think that saying the pledge of allegiance would make someone uncomfortable or unwelcomed.If you are a legal citizen and are in an elected position your allegiance should be to America.I thought that I voted for people who loved America. Also, Bremerton is a Navy town that has members of the Navy and their families living in Bremerton.Why do you wish to disrespect these citizens that protect America and Bremerton? I respectfully ask that you vote to keep saying the pledge of Allegiance before council meetings.It really does not add that much time to the meeting. Thank you, Melanie Cameron Bremerton, WA 98310 From: Ida Ficca <idaficca@icloud.com> Sent: Tuesday, May 17, 2022 7:21 AM To: City Council <City.Council@ci.bremerton.wa.us> Subject: Pledge of Allegiance I am a Kitsap County resident who lived in Bremerton from 1967 to 1992. I am very disappointed to hear that the council would even consider removing the Pledge of Allegiance from your meetings. From: Beckie Regusci <bregusci@hotmail.com> Sent: Tuesday, May 17, 2022 9:44 AM To: City Council <City.Council@ci.bremerton.wa.us> Subject: Pledge Alliance to the Flag Please do not vote to remove the Pledge of Alliance from your meetings. We live in a great country, and we honor the flag that binds us together. If we cannot join together in reciting this pledge, how can we find anything in common? Thank you Beckie Regusci From: David & Jacki Baker <2bakerdj@gmail.com> Sent: Tuesday, May 17, 2022 9:06 AM To: City Council <City.Council@ci.bremerton.wa.us> Subject: Don't ban the Pledge of Allegiance Dear City Council Members, I'm writing to you today to voice my disagreement to the elimination of the Pledge of Allegiance to begin city council meetings. Our country was founded on Judeo-Christian principles. One can't ignore the fact that our Constitution was written by men that were blessed by God. Saying the pledge is an acknowledgement of our founding and our beloved country. Our nation is the best in the world and should be honored as such. Taking a few minutes to do that should not be in question in my opinion. Please vote to keep the pledge! Thank you and God Bless, David Baker From: Dixie <msdixiedo@aol.com> Sent: Tuesday, May 17, 2022 11:21 AM To: City Council <City.Council@ci.bremerton.wa.us> Subject: Continue the Pledge of Allegiance Honorable Bremerton City Council Members: America is America ! The Pledge of Allegiance is American. We are a dedicated Military/Veteran Community ! Respect the Pledge of Allegiance in such meetings. It takes less than ten seconds to state. Providing American Respect, Tolerance, Love of Country/Community is never offensive, in American Unity ! Thank You ! Respectively, Mrs. Hansen From: Doug Day <doug.day@outlook.com> Sent: Tuesday, May 17, 2022 1:29 PM To: Greg Wheeler < Greg.Wheeler@ci.bremerton.wa.us> Subject: City Council - Pledge Of Allegiance Good Afternoon Mr. Mayor, I wanted to write you today because I had just read that the Bremerton City Council would like to stop reading the pledge of allegiance to "save time". Firstly sir as I read in the article it takes approximately 10 seconds to recite the pledge of allegiance to the country that we all live in and gladly accept the benefits of. The issue for me seems likely to be more about how reciting the pledge of allegiance likely makes some of the ambitious progressives in government feel. I would guess those voting for this ridiculous amendment to procedure simply do not value nor wish to show allegiance to their country. Anyone who would vote to remove this important reminder and promise from official government proceedings should also turn in their resignation with the same breath and show the honesty and character to actually state their real reasons for removing the pledge which have nothing to do with "government efficiency"! Thank You Respectfully, Doug Day From: tombaker070@gmail.com <tombaker070@gmail.com> Sent: Tuesday, May 17, 2022 4:58 PM To: City Council <City.Council@ci.bremerton.wa.us> Subject: Pledge of Allegiance I would like to object to eliminating the Pledge of Allegiance at City Council Meetings, as this sends the wrong message to our military. We are a military community and this is not how we thank the military for their service (remember the 75th Armed Forces Day Parade is Sat May 21) I served 6 years in the Navy and get many ‘thank you for your service” comments when I wear my USS Bainbridge hat. Tom Baker Bremerton WA 98337 TomBaker070@gmail.com PUBLIC COMMENTS Continued… From:Art Maroon Jr <oneslowcomputer@hotmail.com> Sent:Tuesday, May 17, 2022 7:41 PM To:City Council <City.Council@ci.bremerton.wa.us> Subject:Pledge of Allegiance -Just Say Yes I have served my country to ensure freedom for all. I did not serve my countryto see people take a knee at a sporting event. I did not serve my country to remove a pledge to the country I served. Why would one remove the pledge of allegiance because the word God is in it. Last I checked on our dollar bill it states “In God we Trust”. Do we no longer trust God, do we no longer want to pledge our allegiance to a country that has provided so many an opportunity. This is what some think a small issue, this is much more than that. So now the oath of office will be removed next? What is so offensive about the following, I pledge allegiance to the flag of the United States of America, and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all." We live in America and want those in it to know we as the People of the government pledge our allegiance. The republic for which it stands, republic means “a state in which supreme power is held by the “people” and their elected representatives” Thus our official elected representatives do not want to remind themselves that the people elected them and have the supreme power. One nation under God, please tell you have not forgotten history perhaps looking at the forefathers monument may help. You remove God and God will remove you. Indivisible means unable to be divided or separated, do you not want to stand strong with other Americans. With Liberty what does liberty mean “The state of being free within society from oppressive restrictions imposed by authority on one’s way of life, behavior, or political views” Seems to me the state is oppressive and imposing restrictions when removing something that states what we all should stand for. Justice for All. Think about that Justice for All pretty simple. So you the Bremerton City Council want to remove something that STANDS FOR SO MUCH. At what cost are you willing to divide the citizens. Without the military what city would you have. Three Bases PSNS, Bangor and Keyport, yet you seem to think it is ok to remove a pledge to our country, why run for office if you feel ill will towards our way of life. I am sad by your lack of respect of my Country, of my sacrifice, of my love for OUR country. I will not vote for any of you and if possibleI would love to remove each one of you from ever holding office. From: Paul Peterson <paul.m.peterson@comcast.net> Sent: Tuesday, May 17, 2022 8:27 PM To: City Council <City.Council@ci.bremerton.wa.us> Subject: Public Comment Re: Pledge As a 28 year resident of the City of Bremerton, I agree with the city council move to no longer recite the Pledge of Allegiance at council meetings. I base my input today on two principles: 1. People of many religions (and no religion) live and work this community, and the pledge’s invocation of a deity does not represent everyone in the community. It is exclusive, when we should be doing all we can to build a more inclusive community. 2. The mandatory recital of an oath, led by elected officials in city government, is a form of compulsory speech amounting to indoctrination, which is the antithesis of the liberty that the flag represents. As Justice Robert Jackson stated, “If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion or force citizens to confess by word or act their faith therein.” Respectfully, Paul M. Peterson Bremerton From: Christi Lyson <christilyson@icloud.com> Sent: Tuesday, May 17, 2022 8:55 PM To: City Council <City.Council@ci.bremerton.wa.us> Subject: Removing pledge of allegiance I’m writing to indicate my support of removing the pledge of allegiance from Bremerton City Council meetings. Thank you, Christi Lyson Bremerton, WA 98337 “How can we convince a child of his own worth after removing him from a family that is said to be unworthy, but with whom he identifies?” Maya Angelou, in Keeping Families Together: The Case for Family Preservation. 1985 From: Mary Lou Long <maryloulong2515@gmail.com> Sent: Tuesday, May 17, 2022 10:34 PM To: City Council <City.Council@ci.bremerton.wa.us> Subject: Pledge of Allegiance I am in support of reciting the Pledge of Allegiance .. How do I sign in for Public comment? Please advise me by early tomorrow morning. \[Done\] From: Sarah Benjamin <sarahb@notforsalecampaign.org> Sent: Tuesday, May 17, 2022 10:36 PM To: City Council <City.Council@ci.bremerton.wa.us> Subject: Please do not ban the Pledge Hello, it has come to my attention that you are considering removing the Pledge of Allegiance. Please do not do this. The Pledge is a reminder of our unity as Americans. It is a celebration of liberty and justice for all. It is a hallmark of our country. We need to make these sorts of things enduring, not rip them out of the fabric of America. Thank you so much for your consideration. Sincerely, Sarah Benjamin From: Amy Sullivan <homemaker94@yahoo.com> Sent: Wednesday, May 18, 2022 6:14 AM To: City Council <City.Council@ci.bremerton.wa.us> Subject: Pledge of allegiance The pledge of allegiance needs to be said at every meeting. It is important. Sincerely Amy Sullivan From: Jeri-Su Nordeen <jerisu@icloud.com> Sent: Wednesday, May 18, 2022 10:54 AM To: City Council <City.Council@ci.bremerton.wa.us> Subject: Pledge of Allegiance Pledge of allegiance needs to stay. Be proud to be American. Sent from my iPhone From: L Fischer <musicalnote14@gmail.com> Sent: Wednesday, May 18, 2022 8:45 AM To: City Council <City.Council@ci.bremerton.wa.us> Cc: Linda Fischer <musicalnote14@gmail.com> Subject: Cancel the Pledge of Allegiance The Bremerton City Council plans to cancel the Pledge of Allegiance at meetings because some people feel like they are being forced to pledge allegiance to the flag by which America stands because they are not given a choice. Then sit down and be quiet. You do have a choice. You just don't want to act out your beliefs therefore you want the rest of the council and it's members along with attendees (via zoom) to kowtow to your desires. This is a Navy town. This pledge has a meaning so near and dear to so many Americans who fought and died in WWII and Korea and Vietnam, Desert Storm, Afghanistan. By pledging allegiance you are promising to be loyal to your country. The country that has given you all the freedoms that you currently enjoy as an American. The country that continually offers you protection from threats, both foreign and domestic. These aren't just words that we repeat for no reason; these are words that show respect to this country, the servicemen and women, and other Americans. If you choose to just sit there, I hope you realize how disrespectful you're being, and I hope you change your actions. Council actions like this at the Bremerton council meetings are what is splitting this country apart. And those who consider this option of eliminating the pledge of allegiance - YOU ARE THE PROBLEM. Linda Fischer From: L Fischer <musicalnote14@gmail.com> Sent: Wednesday, May 18, 2022 9:19 AM To: Public Works & Utilities Customer Response <bremerton1@ci.bremerton.wa.us> Subject: Fwd: Remove the Pledge of Allegiance at City Council Meetings Jennifer Chamberlin, I hope you reconsider removing the Pledge of Allegiance (9 seconds) from the opening of the Bremerton City Council meetings. Linda Fischer From: launiusdiane2@gmail.com <launiusdiane2@gmail.com> Sent: Wednesday, May 18, 2022 10:41 AM To: City Council <City.Council@ci.bremerton.wa.us> Subject: Pledge of alliance It is with great objection and disappointment that a group of individuals in a city long supported by the military, men and women, from 4 different wars, has even suggested dishonoring the country for which so many gave up their lives, and makes standing for the pledge of allegiance an issue. You are paid by the citizens, and capitulating (surrendering) to those that are either inconvenienced or “offended” (who have a choice to either sit or leave the room) demonstrates and lack of basic patriotism And weakness. Stand up as a patriot citizen. If not now WHEN? Diane and Tim Launius From: Sue Sue <suesuepv@msn.com> Sent: Wednesday, May 18, 2022 10:54 AM To: City Council <City.Council@ci.bremerton.wa.us> Cc: Greg Wheeler <Greg.Wheeler@ci.bremerton.wa.us> Subject: Pledge of Allegiance Mayor Wheeler, City Council, I do hereby reject the City Council’s decision to stop reciting the Pledge of Allegiance before the City Council Meetings. The decision was based on making people uncomfortable with the Pledge of Allegiance. Who are these people? Do you have any documentation regarding American citizens who objected to the Pledge of Allegiance? Nobody asked me. It was not a decision put before the vote of the population of the City of Bremerton. Furthermore, it smacks in the face of the largest Armed Forces Parade in the United States due to the large military influence in Bremerton and the Kitsap Peninsula. You people are so out of touch with the voice of the people in this City. I grew up in a military family. We always took pride in the Pledge of Allegiance and the United States Flag. If you are going to stop the Pledge of Allegiance, you might as well pull down the American Flag the flies at City Hall, after all, it might offend someone. Susan P. Venard, P.E. Bremerton. WA 98337 From: Jeff <zjeffz@gmail.com> Sent: Wednesday, May 18, 2022 1:39 PM To: City Council <City.Council@ci.bremerton.wa.us> Subject: The Pledge I actually listened to the whole discussion that the city council had regarding the pledge. After what I thought was a really honest and open discussion of what can be an emotional issue, I was impressed by the way our City Council members really talked it out until they found a compromise. I commend all of them as well as the decision to reserve the pledge for special occasions and such. I am a firm believer in the separation of church and state, however I kind of would like to see this little part of our shared socialist history as a nation preserved in some fashion. We celebrate our socialist roots so rarely these days. Peace. Jeff Campbell From: Barbara Harder <3harders@comcast.net> Sent: Wednesday, May 18, 2022 11:50 AM To: City Council <City.Council@ci.bremerton.wa.us> Subject: RE: Pledge of Allegiance Dear City Council Members: I was appalled to hear on the local news today that you have decided to eliminate the Pledge of Allegiance at your City Council meetings. To begin with as a Navy City it was shocking. Cancel culture continues to erode away at the foundations of this free and wonderful country. Eliminating the Pledge is Un-American and anti-patriotic. This teaches our children they do not have to love, honor or respect this country. It tells the military they do not have to respect or honor this country they fight for. Which should cause some confusion there! It tells refugees the United States can be any country THEY want it to be without respecting any of what they wanted to come here for. The Statue of Liberty also represents all this country was built on and founded for. Millions have fought and died to keep this country free and what our founding fathers created to be then and for all future generations. Do not allow others to shame our country from what it was but what it needs to continue to be – a strong and free nation. We must remain: One Flag, One land, One Nation forever! Sincerely, Mrs. Barbara Harder A true lover and believer in the United States of America Olalla, WA From: Matthew Adams <matthew.dw.adams@gmail.com> Sent: Wednesday, May 18, 2022 12:05 PM To: City Council <City.Council@ci.bremerton.wa.us>; Greg Wheeler <Greg.Wheeler@ci.bremerton.wa.us> Subject: Why aren't the meetings being held in person when Council members are protesting outside Norm Dicks building-- For Record Dear City Council, Why would you choose to ban the Pledge of Allegiance from the council meetings, when the meetings are not even held in person? If the members of the Bremerton City Council can go stand outside the Norm Dicks Building and protest with Emily Randall and make the front page of the Kitsap Sun, then why are they keeping the public from attending meetings in person? Isn’t that hypocritical? Yes. Obviously, the threat of COVID 19 has been eliminated, as the Council members were not even wearing masks, or social distancing. What is the reason NOW, MAY 2022 for the council meetings to be held via Zoom and not in person? Is this more privilege that council members get that others don’t? Thank you. v/r, Matthew Adams D1 Received Name Comment Voice MailWed 5/11 10:53 AMAnonymous Opposed to Removing Pledge Voice MailFri 5/13 12:18 PMAnonymous Opposed to Removing Pledge Voice MailFri 5/13 3:42 PMBill Price Opposed to Removing Pledge Voice MailSun 5/15 12:27 PMAnonymous Opposed to Removing Pledge Voice MailSun 5/15 12:43 PMAnonymous Opposed to Removing Pledge Voice MailSun 5/15 3:48 PMEdith ElkenOpposed to Removing Pledge Voice MailSun 5/15 8:06 PMCindi Wedel Opposed to Removing Pledge Voice MailSun 5/15 8:18 PMRick CoosOpposed to Removing Pledge Voice MailSun 5/15 9:12 PMEd RaymondOpposed to Removing Pledge Voice MailMon 5/16 7:41 AMAnonymous Opposed to Removing Pledge Voice MailMon 5/16 9:12 AMJ. KristophersonOpposed to Removing Pledge Voice MailMon 5/16 9:17 AMCorina English Opposed to Removing Pledge Voice MailMon 5/16 10:50 AMJessica RaisOpposed to Removing Pledge Voice MailMon 5/16 11:24 AMElaine MillerOpposed to Removing Pledge Voice MailMon 5/16 12:00 PMCindi AltropOpposed to Removing Pledge Voice MailMon 5/16 12:16 PMJohn Becker Opposed to Removing Pledge Voice MailMon 5/16 12:20 PMLarry HillOpposed to Removing Pledge Voice MailMon 5/16 1:29 PMMary Supresic Opposed to Removing Pledge Voice MailMon 5/16 5:38 PMAnonymousOpposed to Removing Pledge Voice MailTue 5/17 1:31 PMAnonymousOpposed to Removing Pledge Voice MailTue 5/17 11:43 AMJackie BakerOpposed to Removing Pledge Voice MailTue 5/17 2:16 PMJeanie ColeOpposed to Removing Pledge Voice MailTue 5/17 3:53 PMR. SchuslerOpposed to Removing Pledge Voice MailMay 5/18 10:26 AMD. WaltmanOpposed to Removing Pledge Voice MailMay 5/18 9:31 AMMildred BeckerOpposed to Removing Pledge Voice MailWed 5/18 4:20 PMIrene RandallOpposed to Removing Pledge Comments received as of 4:50PM on Wednesday, May 18 in response to Item 4I… AGENDA BILL CITY OF BREMERTON 5A CITY COUNCIL SUBJECT: Study Session Date: May 11, 2022 Proposed Public Hearing to Receive Public COUNCIL MEETING Date: May 18, 2022 Comment on 2020 Census and Council Department: IT/Financial Services Redistricting Presenter: Bill Eley/Dave Sorensen Phone: (360) 473-5472 SUMMARY: census, City district boundaries are changed to reflect the current population with a view to provide the public, as far as possible, with equal City Council representation. To formalize the new district boundaries, the city must hold a public hearing on the proposed boundaries and then adopt the related ordinance. This presentation will illustrate the new boundaries and then hold the public hearing. ATTACHMENTS: Proposed District Maps and Public Hearing Presentation FISCAL IMPACTS (Include Budgeted Amount): STUDY SESSION AGENDA: Limited Presentation Full Presentation STUDY SESSION ACTION: Consent Agenda General Business Public Hearing RECOMMENDED MOTION: For Public Comment Only COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 AGENDA BILL CITY OF BREMERTON 6A CITY COUNCIL SUBJECT: Professional Services and Study Session Date: April 27, 2022 Funding Agreement with the Downtown COUNCIL MEETING Date: May 18, 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 Page 1 of 8 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 Bremerton/\[Downtown Bremerton Association\] \[Mainstreet Program\] 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/\[Downtown Bremerton Association\] \[Mainstreet Program\] Rev. 09/2021 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/\[Downtown Bremerton Association\] \[Mainstreet Program\] 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 Bremerton/\[Downtown Bremerton Association\] \[Mainstreet Program\] 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 Denise FreyCouncilmember, District 2May 18, 2022 DISTRICT 2REPORT COUNCIL DISTRICT 1 JENNIFER CHAMBERLIN