Loading...
HomeMy WebLinkAbout06/01/2022 CITY COUNCIL AGENDA PACKET ______________________________________________________________ th CITY COUNCIL 345 6 Street, Suite 100, Bremerton, WA 98337 - Phone (360) 473-5280 * * * A M E N D E D * * * WEDNESDAY, JUNE 1, 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 Members of the publicare invited to join the Zoom Meeting by clicking on the link below: https://us02web.zoom.us/j/83551163395?pwd=QXpiblB1R20venlsdVN5Y25Tdm9Cdz09 Or One tap mobile: US: +12532158782,,83551163395#,,,,*173061# or +16699006833,,83551163395#,,,,*173061# Or Telephone: Dial (for higher quality, dial a number based on your current location): US: +1 253 215 8782 or +1 669 900 6833 or +1 346 248 7799 or +1 929 205 6099 or +1 301 715 8592 Webinar ID: 835 5116 3395 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.CONSENT AGENDA A.Claims and Check Register B.Minutes of Meeting -May 18, 2022 C.Minutes of Study Session -May 25, 2022 D.Professional Services Agreement with Struck Environmental, Inc. for the Stormwater Management Action Planning Assistance Project E.Public Works Agreement with H2O Solutions, LLC for the Reservoir 4 Interior Cleaning and Inspection Project F.Interlocal Agreement between the City of Bremerton and Kitsap County Department of Community Development for Bremerton Kitsap Access Television (BKAT) Services G.Ordinance No. 5450amending Ordinance No. 5442 relating to the City of Bremerton Fiscal Year 2022 Budget 4.PUBLIC RECOGNITIONTo comment on City- 5.GENERAL BUSINESS A.Ordinance No. 5451adopting Proposal to Modify Council District Boundaries due to the 2020 US Census B.Presentation on a Proposed Ordinance to amend Chapter 6.32 of the Bremerton Municipal Code 6. COUNCIL MEMBER REPORTS 7. EXECUTIVE SESSION A. 15-Minutes to discuss Pending Litigation, as allowed under RCW 42.30.110 (1) (i) 8. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING AGENDA BILL CITY OF BREMERTON 3A CITY COUNCIL SUBJECT: Study Session Date: N/A Claims & Check Register COUNCIL MEETING Date: June 1, 2022 Department: Legal Services Presenter: Angela Hoover Phone: (360) 473-5323 SUMMARY: Approval of the following checks and electronic fund transfers: 1. Check Numbers 398351-398545 and Electronic Fund Transfers V35263-V35336 in the grand total amount of $2,131,544.33 2. Regular Payroll for pay period May 15, 2022 in the amount of $975,998.66 3. Regular Payroll for supplemental pay for May 18, 2022 in the amount of $17,606.50 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 3B CITY COUNCIL SUBJECT: Minutes of Meeting Study Session Date: N/A May 18, 2022 COUNCIL MEETING Date: June 1, 2022 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: The Minutes of Meeting held on May 18, 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 18, 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 18, 2022 A virtual meeting of the City Council of the City of Bremerton was called to order Wednesday, May 18, 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 Systems Administrator Kelly Wells. President Goodnow announced that the City Council is conducting the Council Meeting via Zoom, and all Council Members and staff will be participating remotely. REPORT Mayor Wheeler shared pictures of new artwork on several utility boxes around town. PUBLIC RECOGNITION CONSENT AGENDA 4A Claims & Check Register: Check Numbers 398168 through 398350 and EFT-V35156 through EFT-V35262 in the grand total amount of $3,046,694.94; and Regular Payroll for pay period April 30, 2022 in the amount of $944,469.47 4B Minutes of Meeting May 4, 2022 4C Minutes of Study Session May 11, 2022 4D Confirm Reappointment of Harrington Griffin to the Lodging Tax Advisory Committee 4E Confirm Appointment of Max Sinitsa, CPA to the Audit Committee 4F Public Works Agreement with Petersen Brothers, Inc. for the Guardrail Installation along Shore Drive at E 11th Street 4G Goods & Services Agreement with CED-Bremerton for the Purchase of Emergency Generator for Lift Station EB-3 4H Resolution No. 3348 authorizing Remote Council Meetings through July 20, 2022 4 I Resolution No. 3349 repealing Resolution No. 3344; and adopting updated Council Rules & Procedures Comments from the public were provided on Item 4I: Mary Lou Long, George Geyer, Deborah McDaniel, Dan Schiaffo, Christi Lyson, Larry Hill, Amber Kost, Roosevelt Smith, Paul Peterson, and Jeff Campbell 6:07 M/S/C/U (Dennehy/Mockler) Move to approve the C ONSENT A GENDA as presented. 6A PUBLIC HEARING ON 2020 CENSUS AND PROPOSED COUNCIL REDISTRICTING: IT Manager Dave Sorensen and former IT Manager Bill Eley provided a summary of proposed changes in the Council Districts during a Power Point presentation. Each decade, the US Government conducts a census 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. City Council Reg. Mtg. Minutes Wednesday, May 18, 2022 Page 2 of 4 President Goodnow explained the purpose of this Public Hearing is to accept public comment; and that no Questions and comments from the public were submitted by Christi Lyson, Jeff Campbell, and Deborah McDaniel; with responses provided by Mr. Eley With no further questions, President Goodnow GENERAL BUSINESS 6A PROFESSIONAL SERVICES AND FUNDING AGREEMENT WITH THE DOWNTOWN BREMERTON ASSOCIATION FOR THE MAINSTREET AMERICA PROGRAM: Contracts Administrator Melinda Monroe explained that 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. DBA President John Morrissey was also presenting. Questions and comments from the public were provided by Sarah Eichhorn and David Emmons; with responses provided by Mr. Morrissey 6:42 Motion was made by Chamberlin; and seconded by Coughlin were provided by Chamberlin, Coughlin, and Mockler; with responses provided by Mr. Morrissey 6:52 M/S/C/U (Chamberlin/Coughlin) 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 MEMBER REPORTS Eric Younger thanked the citizens for attending and providing their input regarding the change in the Council Rules & Procedures for the Pledge of Allegiance to be recited only on special occasions. Anna Mockler was proud to be a member of a Council that strives for consensus; discussed a growing concern with attacking dogs and noise from modified mufflers; and interest in preserving natural areas, potholes, medical services, and Bremerton 1 App; and lastly, enjoyed Markers on the Olympic College Bremerton campus. st Quinn Dennehy on actually does not violate 1 Amendment Rights and comments made from a marginalized individual who still believes in this country; with so many issues (including affordable housing and racial equity) being ignored, people should rethink what patriotism means; and thanked the citizens of Bremerton for a very balanced discussion. Jeff Coughlin deeply appreciated those who commented tonight and to please keep speaking up on issues; thanked new Audit Committee Member Max Sinitsa for his willingness to serve; commented on the proposed Council District boundaries; thanked Mayor Wheeler for speaking at the Housing Equity Summit, which he attended with Council Member Frey; announced National Public Works Week from May 15 to 21; thanked Council Member Mockler for chairing the Public Works Committee (in the absence of Eric Younger); and shared the Armed Forces Day Parade route for Saturday, May 21. City Council Reg. Mtg. Minutes Wednesday, May 18, 2022 Page 3 of 4 Denise Frey thanked President Goodnow for guiding this process to reach consensus; looked forward to improvements planned for SR 303; shared upgrades are going to be made at the Kitsap Regional Library Sylvan Way Branch; remembered a trip aboard the USS Abraham Lincoln; shared a photo of her son Ryan who will be retiring from the Coast Guard; and looked forward to the Armed Forces Festival this weekend. Jennifer Chamberlin shared memories of her parents and her childhood in a Navy family; also looked forward to the Armed Forces Parade; appreciated those who attended tonight who had a deep passionate love for our country and concern for our citizens; and thanked those who supported removing the invocation from the Council Rules & Procedures. Michael Goodnow was proud of fellow Council Members for reaching consensus; thanked the public for their comments tonight; surmised these changes reflects a more inclusive and welcoming Council; and cautioned people to always check their news sources for accurate reporting. Lastly, he looked forward to the Armed Forces Festival, including the screening of , with showings at the Roxy Theatre at 1:00 PM and 4:00 PM. At 7:27 PM, President Goodnow announced a 5- At 7:31 PM, President Goodnow announced that a 20-Minute Executive Session would be held to discuss Pending Litigation as allowed under RCW 42.30.110(1)(i); and that Council action is After a 5-minute extension, followed by a 15-minute extension, President Goodnow called the meeting back to order at 8:11 PM 8:11 PM Motion was read into the record by Assistant City Attorney Brett Jette; which was so moved by Coughlin; and seconded by Frey 8:12 M/S/C (Coughlin/Frey) Move to approve the settlement of the lawsuits filed by John Bogen for $123,500; and authorize the Mayor to finalize and execute the Settlement Agreement pursuant to these terms as approved by the City Attorney. Voted in Favor of Motion: Coughlin, Dennehy, Younger, Chamberlin, Frey, Goodnow Voted Opposed to Motion: Mockler Motion carried: 6-Yes; 1-No President Goodnow announced that meetings will continue to be held remotely, including the next Study Session on Wednesday, May 25 at 5:00 PM. With no further business, President Goodnow adjourned the Council Meeting at 8:13 PM. Prepared and Submitted by: ______________________________ LORI SMITH Legislative Office Manager st APPROVED by the City Council on the 1 day of June, 2022. City Council Reg. Mtg. Minutes Wednesday, May 18, 2022 Page 4 of 4 ________________________________________ MICHAEL GOODNOW, City Council President Attest: ________________________________________ ANGELA HOOVER, City Clerk MG:AH:ls:cg AGENDA BILL CITY OF BREMERTON 3C CITY COUNCIL SUBJECT: Minutes of Study Session Study Session Date: N/A May 25, 2022 COUNCIL MEETING Date: June 1, 2022 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: The Minutes of Study Session held on May 25, 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 25, 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 25, 2022 A virtual Study Session of the City Council of the City of Bremerton was called to order on Wednesday, May 25, 2022 at 5:00 PM, with Council President Michael Goodnow presiding. Other Council Members present were Eric Younger, Anna Mockler, Jeff Coughlin, Denise Frey, and Jennifer Chamberlin. Council Member Quinn Dennehy was absent. Also present were Legislative Office Manager Lori Smith and IT Manager Dave Sorensen. 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; and no action is anticipated, except for Item C1 If approved by the Council, these items will be placed on the June 1, 2022 City Council Virtual A. BRIEFINGS on AGENDA BILL ITEMS 1. Professional Services Agreement with Struck Environmental, Inc. for the Stormwater Management Action Planning Assistance Project Consent Agenda 2. Public Works Agreement with H2O Solutions, LLC for the Reservoir 4 Interior Cleaning and Inspection Project Consent Agenda 3. Interlocal Agreement between the City of Bremerton and Kitsap County Department of Community Development for Bremerton Kitsap Access Television (BKAT) Services Consent Agenda 4. Ordinance amending Ordinance No. 5442 relating to the City of Bremerton FY-2022 Budget Consent Agenda 5. Presentation on Therapeutic Court and Potential Grant Opportunities Information Only 6. General Business with No Action President Goodnow B. GENERAL COUNCIL BUSINESS o Race Equity Advisory Committee Briefing (Last meeting 5/12/2022) Member Anna Mockler o Public Works Committee Briefing (Last Meeting 5/17/2022) Vice Chair Anna Mockler o Audit Committee Briefing (Last Meeting 5/23/2022) Chair Jeff Coughlin o Finance, Investment & Parking Committee Briefing (Last Meeting 5/24/2022) Vice Chair Jeff Coughlin o Other General Council Business was discussed, including a determination that a virtual Joint Planning Session would be scheduled as planned on Saturday, June 11, 2022. C. EXECUTIVE SESSION At 8:07 PM, President Goodnow announced that a 20-minute Executive Session would be held as allowed under RCW 42.30.110 (1) (i); and that no action is City Council Study Session Minutes Wednesday, May 25, 2022 Page 2 of 2 At 8:27 PM, President Goodnow called the meeting back to order President Goodnow announced that all meetings will continue to be held remotely until further notice, including the next Council Meeting on Wednesday, June 1, 2022, beginning at 5:30 PM. With no further business, the Study Session was adjourned at 8:27 PM. Prepared and Submitted by: ______________________________ LORI SMITH Legislative Office Manager th APPROVED by the City Council on the 15 day of June, 2022. MICHAEL GOODNOW, Council President ATTEST: ______________________________ ANGELA HOOVER, City Clerk MG:AH:ls:cg AGENDA BILL CITY OF BREMERTON 3D CITY COUNCIL SUBJECT: Study Session Date: May 25, 2022 Professional Services Agreement with COUNCIL MEETING Date: June 1, 2022 Struck Environmental, Inc. for the Department: Public Works & Utilities Stormwater Management Action Planning Presenter: Chance Berthiaume Assistance Project Phone: (360) 473-5929 SUMMARY: The Stormwater Permit requires the city to develop a Stormwater Management Action Plan (SMAP) that assesses stormwater impact on receiving water quality using a watershed scale planning effort. Staff have completed foundational work to begin this process and needs assistance to complete the next phase of this work. The contract cost is $55,196 with approximately $41,471 funded through the Ecology Stormwater Financial Assistance program grant. ATTACHMENTS: Professional Services agreement for Struck Environmental, Inc. FISCAL IMPACTS (Include Budgeted Amount): The project is budgeted in the Stormwater Utility Operations Fund. STUDY SESSION AGENDA: Limited Presentation Full Presentation STUDY SESSION ACTION: Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Move to approve the Professional Services Agreement with Struck Environmental, Inc. for the Stormwater Management Action Planning Assistance Project, and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 PROFESSIONAL SERVICES AGREEMENT Stormwater Management Action Planning Assistance The City of Bremerton (“City”) and Struck Environmental, Inc. (“Consultant”), referred to collectively as the “Parties,” enter into the following Agreement for professional services: I.Scope:The Consultant agrees to perform the services more specifically described in the Scope of Work, dated April 15,2022, including any attachments thereto, attached hereto as Exhibit A, which is incorporated by reference herein. The Scope of Work may be modified only pursuant to Section VII.Hof this Agreement. If the Scope of Work provides for unspecified additional services such services shall only be performed upon the express written requestof the City. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time such services are performed. II.Term: The City and the Consultant agree that work will begin on the tasks described in Exhibit A immediately upon execution of this Agreement. The parties agree that the work described in Exhibit A is to be completed as provided for in the work schedule attached hereto as Exhibit B; provided however, that additional time shall be granted by the City for excusable delays or extra work as provided for in Section X.Aof this agreement. III.Compensation:In consideration of the services provided pursuant to this Agreement, the City shall pay Consultant in an amount not to exceed $55,196.Consultant’s charges and bills shall conform to the fee schedule attached hereto as Exhibit C and incorporated herein by this reference. The Consultant shall submit regular billing statements detailing work performed and amount charged on each task or portion thereof. The descriptions shall conform to and fall within the categories set out in the Scope of Work and/or Fee Schedule. Upon receipt of a conforming billing statement, the City shall promptly process payment. PROVIDED, HOWEVER, the City reserves the right to prioritize scoped work and accelerate and/or delay work tasks under the time frame set forth in Section II herein. The Consultant's labor rates and billing fees shall be as delineated in Exhibit C. Consultant shall not perform work beyond the Scope of Work, nor shall be compensated for such work, unless the Scope of Work or amount of compensation is modified pursuant to this Agreement. Consultant shall only be compensated for additional services if requested pursuant to Section I and, if not otherwise provided, such compensation shall be in accordance with Exhibit C. If a billing statement does not conform to this Agreement, the City may withhold payment until the statement is brought into compliance. Such withholding does not relieve Consultant of its obligations under this Agreement. IV.Relationship of Parties:Consultant represents that it is skilled in the matters addressed in the Scope of Work and is performing independent functions and responsibilities within its field Page 1of 13 Bremerton/Struck Environmental Services, Inc. Stormwater Management Action Planning Assistance Rev. 09/2021 of expertise. Consultant and its personnel are independent Consultants and not employees of the City. Consultant and its personnel have no authority to bind the City or to control the City’s employees and other Consultants. None of the benefits provided by the City to its employees, including, but not limited to, compensation, insurance, and unemployment insurance are available from the City to the employees, agents, representatives, or sub-consultants of the Consultant. Consultant will be solely and entirely responsible for its acts and for the acts of Consultant's agents, employees, representatives and sub-consultants during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent Consultants to perform the same or similar work. As an independent Consultant, Consultant is responsible for its own management. The City’s administration and enforcement of this Agreement shall not be deemed an exercise of managerial control over Consultant or its personnel. As an independent Consultant, Consultant is responsible for payment of all taxes and licensing fees necessary to perform its obligations under this Agreement. These taxes and fees include but are not limited to State industrial insurance, Business & Occupation, State professional licensing, and City business licensing. If any taxes or fees due the City have been declared delinquent, the City may withhold the delinquent amount, plus any additional charges arising from the delinquency, from any payments due Consultant. V.Indemnification: A.Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the performance of this Agreementexcept for that portion of the injuries and damages caused by the City’s sole negligence,unless Consultant is conducting work pursuant to Subsection B below. The City's review or acceptance of any of the work when completed shall not be grounds to avoid any of these covenants of indemnification. B.Architects, Engineers and AnyOther Professional Listed In and Performing Services Defined in RCW 4.24.115.Should a court of competent jurisdiction determine that Consultant’s services provided pursuanttothis Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent 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 2of 13 Bremerton/Struck Environmental Services, Inc. Stormwater Management Action Planning Assistance 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 Insuranceevidencing: 1.Automobile Liabilityinsurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 2.Commercial General Liabilityinsurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; explosion, collapse and underground (XCU) if applicable; and 3.Professional Liabilityinsurance with limits no less than $1,000,000 limit per occurrence/claim. Any payment of deductible or self-insuredretention shallbe the sole responsibility of the Consultant. All required policies shall be provided on an “occurrence” basis except professional liability insurance (if required), which may be provided on a “claims-made” basis. The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Consultant and a copy of an endorsement that is acceptable to the City, which names the City as an additional insured shall be attached to theCertificate of Insurance.The City reserves the right to receive a certified copy of all the required insurance policies and endorsements. The City further reserves the right to reject any unacceptable policies and/or endorsements. The Consultant's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. The Consultant's insurance shall be primary and non-contributory insurance as respects the City and shall contain a waiver of subrogation against the City for claims arising out of any operations, liabilities and obligations to which coverage applies. It shall be an affirmative obligation upon Consultant to advise the City’s Risk Manager by fax at (360) 473-5161, or by 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. Page 3of 13 Bremerton/Struck Environmental Services, Inc. Stormwater Management Action Planning Assistance Rev. 09/2021 The City also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage. In the event that the Consultant employs other consultants or contractors (sub-consultants or sub-contractors) as part of the work covered by this Agreement, it shall be the Consultant’s responsibility to require and confirm that each sub-consultant or sub-contractor meets the minimum insurance requirements specified above. The Consultant shall, upon demand of the City, deliver to the City copies of such policy or policies of insurance and the receipts for payment of premiums thereon. VII.General Conditions: A.Reports and Information:When requested by the City, Consultant shall furnish periodic reports and documents on matters covered by this Agreement. The reports and documents shall be furnished in the time and form requested. Consultant shall maintain accounting records in accordance with Generally Accepted Accounting Principles (“GAAP”) to substantiate all billed amounts. B.Ownership and Use of Records and Documents:Original documents, drawings, designs and reports, including those in electronic format, developed under this Agreement are the property of the City. All written information submitted by the City to the Consultant in connection with the services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at least the same extent as the Consultant 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 Poulsbo, Washington. Consultant shall make such data, documents, and files available to the City upon its request at all reasonable times for the purpose of editing, modifying and updating as necessary until such time as the City is capable of storing such information in the City's offices. Duplicate copies of this information shall be provided to the City upon its request, and at reasonable cost. All documents, including all reports, drawings, specifications, computer software or other items prepared or furnished by Consultant pursuant to this Agreement, are instruments of service with respect to the project and are the property of the City. Any reuse by the City for other than the specific purpose intended will be at City’s sole risk. C.Use of Photographs and Images.Consultant shall not use or distribute photographs or images depicting City officials, personnel, property, or equipment whether prepared by Consultant or provided by City without prior written consent of the City. The City will not unreasonably withhold its consent. Page 4of 13 Bremerton/Struck Environmental Services, Inc. Stormwater Management Action Planning Assistance Rev. 09/2021 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 bedone 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 Poulsbo, 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:Attn:Phil Struck City of BremertonStruck Environmental, Inc. th 3456Street, Suite 100P.O. Box 2168 Bremerton, WA 98337-1891Poulsbo, WA 98370 J.Waiver:Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power. K.Non-Waiver of Breach:The failure of the City to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein conferred in one or more instances shall not be construed to be a waiver or relinquishment of said covenants, agreements or options, and the same shall be and remain in full force and effect. L.Compliance with Laws:Consultant shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. Page 5of 13 Bremerton/Struck Environmental Services, Inc. Stormwater Management Action Planning Assistance Rev. 09/2021 M.Choice of Law and Venue:This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. N.Attorneys’ Fees:In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney’s fees. O.Assignment:Any assignment of this agreement by the Contractor without the written consent of the City shall be void. VIII.Equal Employment Opportunity Statement:In the hiring of employees for the performance of work under this Agreement, the Consultant, its subcontractors, or any person acting on behalf of Consultant shall not discriminate in any employment practice on the basis of age (40+), sex, race, creed, color, national origin, sexual orientation/gender identity, marital status, military status, or the presence of any physical, mental or sensory disability. IX.ADA Statement:The City of Bremerton does not discriminate on the basis of disability in programs and activities, which it operates pursuant to the requirements of the Americans with Disabilities Act of 1990, and ADA Amendments Act.This policy extends to both employment and admission to participation in the programs, services and activities of the City of Bremerton.Reasonable accommodation for employees or applicants for employment will be provided. X.Termination:This Agreement shall remain in force until completion and acceptance of the services, terminated by written instrument upon mutual consent, or by the City of Bremerton for convenience. This Agreement may be immediately terminated for cause by a Party if the other Party substantially fails to perform through no fault of the terminating Party, and the non- performing Party does not commence correction of the failure of performance within thirty (30) days of the terminating Party’s sending notice to the non-performing Party. Any Notice by Consultant shall include a report showing the status of all items listed in the Scope of Work current through the termination date. If the City receives reimbursement by any federal, state, or other source for work described in Section I herein, and that funding is withdrawn, reduced or limited in any way, or the project is cancelled or substantially reduced after the execution date of this Agreement and prior to the completion of the work, the City may summarily terminate this Agreement. A.Excusable Delays:The right of Consultant to proceed shall not be terminated nor shall Consultant be charged with liquidated damages for any delays in the completion of the work due to: 1) any acts of the federal government in controlling, restricting, or requisitioning materials, equipment, tools, or labor by reason of war, national defense, or other national emergency; 2) any acts of the City, its consultants, or other public agencies causing such delay; and 3) causes not reasonably foreseeable by the parties at the time of the execution of the Agreement that are beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God, fires, floods, strikes, or weather of unusual severity. PROVIDED, HOWEVER, that Page 6of 13 Bremerton/Struck Environmental Services, Inc. Stormwater Management Action Planning Assistance Rev. 09/2021 EXHIBIT A STORMWATER MANAGEMENT ACTION PLAN ASSISTANCE Scopeof Work INTRODUCTION This Scope of Work describes work to be performed to assist the City of Bremerton in completing the City’s Stormwater Management Action Plan (SMAP). The Scope of Work generally consists of preparing the Receiving Water Assessment and assisting the City incompleting the Receiving Water Prioritization. GENERAL LEVEL OF EFFORT ASSUMPTIONS The level of effort assumes that the scope of work will follow the specific task activities and deliverables described in the grant agreement between the City and the Department of Ecology. The work will be a closely coordinated between City staff and the consultant. The following elements and work activities will be provided by the City: GIS mapping consisting of basin maps and stormwater heat maps Basin calculations derived from GIS mapping GIS on-line interfaces Public outreach materials Preliminary receiving water prioritization criteria It is assumed that a separate design consultant will be retained by the City to complete retrofit design and the summary SMAP document. The specific scope of work for these sections of the plan are described in the tasks below. SCHEDULE ASSUMPTIONS It is assumed that the work will commence in early June 2022 with the Receiving Water Assessment completed in early fall in time to support completion of retrofit preliminary design and the SMAP by the end of 2022. The estimated schedule is provided in attached Exhibit B. TASK 01 –RECEIVING WATER CONDITIONS ASSESSMENT Objective:Prepare Receiving Water Conditions Assessment Report. Activities:This task consists of the following activities: Organize and facilitate a kick offmeeting with the City to confirm objectives, key issues, work plan and schedule for completion. Prepare draft Assessment Methods Technical Memorandum describing approach to completion of the sediment deposition assessment, pollutant loading assessment andGIS heat maps. Prepared Shoreline Deposition Analysis. Prepare pollutant loading analysis for 24 basins. Page 8of 13 Bremerton/Struck Environmental Services, Inc. Stormwater Management Action Planning Assistance Rev. 09/2021 Develop existing water quality treatment and existing flow control treatment estimates for 24 basins. Coordinate with the City on preparation of GIS basin maps and data tabulations. Prepare Draft Stormwater Management Influence Report. Assist the City in preparing stormwater heat maps. Prepare Draft and Final Receiving Water Conditions Assessment report. Respond to Ecology comments on deliverables. Deliverables:The following deliverables are associated with this task: Draft Assessment Methods Technical Memorandum. Draft Stormwater Management Influence Report. Draft and Final Receiving Water Conditions Assessment report. Response to Ecology comments on deliverables. Assumptions:The following assumptions are associated with this task: City will provide all GIS mapping and basin analysis calculations. City will prepare heat maps. TASK 02 –RECEIVING WATER PRIORITIZATION Objective:Assist the City in preparing the Receiving Water Prioritization Assessment. Activities:This task consists of the following activities: Review and comment on the preliminary prioritization criteria to be prepared by the City. Review and comment on the preliminary prioritization matrix to be prepared by the City. Assist the City in preparing the prioritization and ranking summary memo. Deliverables:The following deliverables are associated with this task: Comments on preliminary prioritization criteria and matrix. Draft prioritization and ranking summary memorandum. Assumptions:The following assumptions are associated with this task: Preliminary prioritization criteria and matrix will be prepared by the City in Excel format. Consultant will prepare prioritization and ranking summary memorandum. Task 03 –SMAP SUPPORT Objective:Provide support to the City associated with completion of the SMAP document. Activities:This task consists of the following activities: Assis the City is developing a scope of work for design consultant services. Review and comment on list of potential structural and non-structural BMPs that may be used in the priority basin. Review and comment on list of retrofit opportunities that may be used in the priority basin. Deliverables:The following deliverables are associated with this task: Design consultant scope of work. Comments on potential BMPs and proposed retrofits. ssumptions:The following assumptions are associated with this task: Page 9of 13 Bremerton/Struck Environmental Services, Inc. Stormwater Management Action Planning Assistance Rev. 09/2021 Design consultant scope of work will generally consist of preparing preliminary retrofit designs and preparing the SMAP summary report. List of potential BMPs and retrofit opportunities will be prepared by others. TASK 04 –MEETINGS AND COORDINATION Objective:Provide project management and coordinate with the City. Activities:This task consists of the following activities: Routine communications with the City including weekly team meetings. Provide project schedule and budget management. Deliverables:The following deliverables are associated with this task: Monthly progress reports. Assumptions:The following assumptions are associated with this task: Project duration is estimated at 5-6 months. Meetings with staff will be virtual. Page 10of 13 Bremerton/Struck Environmental Services, Inc. Stormwater Management Action Planning Assistance Rev. 09/2021 STRUCK ENVIRONMENTAL, INC. PROJECT: STORMWATER MANAGEMENT ACTION PLAN ASSISTANCE Client: City of Bremerton 15-Apr-22 Exhibit B - Estimated Schedule EST. ACITIVITY COMPLETION Contract approval/NTP Jun-22 TASK 1 -RECEIVING WATER ASSESSMENT Assessment methods Tech. Memo Jun-22 Shoreline Deposition Analysis Jul-22 Pollutant loading analysis Aug-22 SW Management Influence Report Sep-22 Receiving Water Conditions ReportOct-22 TASK 2 -RECEIVING WATER PRIORITIZATION Prioritization Scoring Methodology Jul-22 Draft Prioritization and Ranking Matrix Sep-22 Prioritization and Ranking MemoOct-22 SMAP Design consultant coordination assistance Jul-22 Review list of potential BMPs and retro fit opportunities Oct-22 Identify preliminary retrofit opportunities Oct-22 Page 11of 13 Bremerton/Struck Environmental Services, Inc. Stormwater Management Action Planning Assistance Rev. 09/2021 STRUCK ENVIRONMENTAL, INC. Project:STORMWATER MANAGEMENT ACTION PLAN ASSISTANCE Client: City of Bremerton Date:15-Apr-22 Exhibit C -Estimated Budget Struck Environmental BILLING MULTIPLIER: Phil Struck Mult Rate/Hr.$169 HoursCost TASKDESCRIPTION 1RECIEVING WATER CONDTIONS ASSESSMENT Assessment Methods Tech. Memo 8$1,352 Shoreline Deposition Potential mapping coord. 8$1,352 Shoreline Deposition Analysis Summary 12$2,028 Pollutant Loading Analysis Summary 40$6,760 WQ and FC estimates at basin scale 24$4,056 GIS mapping coordination 8$1,352 Draft SW Mgmt. Influence Assessment Report24$4,056 Heat map and on lineGIS interface coordination 8$1,352 Draft Rec. Water Conditions Assessment 24$4,056 Response to Ecology comments8$1,352 Final Rec. Water Conditions Assessment 8$1,352 Subtotal172$29,068 2RECIEVING WATER PRIORITIZATION Review Prioritization Scoring Methodology 8$1,352 Review Prioritization and Ranking Matrix8$1,352 Review Prioritization and Ranking Memo16$2,704 Subtotal16$5,408 3SMAP SUPPORT Design consultant coordination assistance 8$1,352 List of BMPs and retrofit opportunities 8$1,352 Page 12of 13 Bremerton/Struck Environmental Services, Inc. Stormwater Management Action Planning Assistance Rev. 09/2021 Subtotal8$1,352 4MEETINGS AND COORDINATION Team coordination meetings32$5,408 Project management 32$5,408 Subtotal64$10,816 6ADDITIONAL SERVICES Additional Services-$7,000 Subtotal0$,000 Total Labor 260$54,996 $200 Reproduction, mileage, supplies DIRECT COST TOTAL $200 TOTAL COST$55,196 Page 13of 13 Bremerton/Struck Environmental Services, Inc. Stormwater Management Action Planning Assistance Rev. 09/2021 AGENDA BILL CITY OF BREMERTON 3E CITY COUNCIL SUBJECT: Study Session Date: May 25, 2022 Public Works Agreement with H2O COUNCIL MEETING Date: June 1, 2022 Solutions, LLC for the Reservoir 4 Interior Department: PW&U - Water Cleaning and Inspection Project Resources Presenter: Cami Apfelbeck Phone: (360) 473-2315 SUMMARY: Reservoir 4 is an 11 million gallon in-ground concrete reservoir constructed in 1921. The bottom liner and cover were replaced in 2017. The scope of work includes removal of accumulated sediment from the bottom and side slopes, and inspection of the cover and liner for seam leaks, tears, punctures and other damage. The project was bid using the MRSC Small Works Roster. Three (3) bids were received and opened on May 2, 2022. H2O Solutions, LLC was the lowest responsible, responsive bidder in the amount of $34,507.20 (which includes sales tax). The bid from Advanced Diving Services was rejected as non-responsive. ATTACHMENTS: 1. Public Works Agreement; 2. Location Map; 3. Bid Tabulation FISCAL IMPACTS (Include Budgeted Amount): This project is included in the 2022 Water Capital Budget. STUDY SESSION AGENDA: Limited Presentation Full Presentation STUDY SESSION ACTION: Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Move to award the contract for the Reservoir 4 Interior Cleaning and Inspection Project to H2O Solutions, LLC in the amount of $34,507.20 (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 01/02/2018 PUBLIC WORKS AGREEMENT THIS AGREEMENT is entered into between the City of Bremerton, a Washington Municipal Corporation (“City”), and H2O Solutions, LLC.(“Contractor”), whose mailing address is 9030 W Shara Suite 208Las Vegas, Nevada 89117. The parties agree as follows: 1.CONTRACTOR SERVICES.The Contractor shall perform the following services for the City described in the Bid Documents titled:Reservoir 4 Interior Cleaning andInspection. 2.TIME OF COMPLETION.Contractor shall complete the work within 60calendar days from the date of issuance of the City’s Notice to Proceed. 3.COMPENSATION.The City shall pay the Contractor the total amount of $34,507.20, includingWashingtonState Sales Tax, for the work and services contemplatedin thisagreement. 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, haselected to have the Cityretain 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 necessaryreleases from the State Department of Revenue and theState Department of Labor & Industries and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. B.Defective or Unauthorized Work. TheCity reserves its right to withhold payment from Contractor for any defective or unauthorized work. Defective or unauthorized work includes, without limitation:work and materials that do not conform to the requirements of this agreement; and extra workand materials furnished without the City’s written approval. If Contractor is unable, for any reason, to satisfactorily complete any portion of the work, the City may complete the work by contract orotherwise, andContractor shall be liable to the City for any additional costs incurred by the City. “Additional costs” shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Contract price specified above. The City further reserves its right to deduct the cost to complete the Contract work, including any Additional Costs, from any and all amounts due or to become due the Contractor. C.Final Payment: Waiver of Claims. THE MAKING OF FINAL PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL PRECLUDE ALL CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY CONTRACTOR AS UNSETTLED ATTHE TIME REQUEST FOR FINAL PAYMENT IS MADE. 4.INDEPENDENT CONTRACTOR.Contractor is and shall be at all times actingasan independent contractor and not as anemployee of the City. The Contractor shall secure at its expense, and shall be responsible for all payments of income tax, social security, state disability insurance compensation, unemployment compensation, andall other payroll deductions for the Contractor,officer, agents, employees PUBLIC WORKS AGREEMENT (between City of Bremerton andInland Potable Services, Inc.) and sub-contractors. The Contractor shall also secure all applicable business licenses, if required, in connection with the contract services, including all required licenses forContractor's officers, agents, employees and sub- contractors. 5.TERMINATION.The City may terminate this agreement for good cause. “Good cause” shall include, without limitation, any one or more of thefollowing events: A.The Contractor’s refusal orfailure to supply a sufficient number of properly skilled workers or proper materials for completion of the Contract work. B.The Contractor’s failure to complete the work within the time specified in this agreement. C.The Contractor’s failure to make full and prompt payment to sub-contractors or for material or labor. D.The Contractor’s persistent disregard of federal, state or local laws, rules or regulations. E.The Contractor’s filing for bankruptcy or becoming adjudged bankrupt. Ifthe City terminates this agreement for good cause, the Contractor shall not receive any further monies due under this agreement until the Contract work is completed. 6.PREVAILING WAGES.Contractor shall file a “Statement ofIntent to Pay Prevailing Wages” with the State of Washington Department of Labor & Industries prior to commencing the Contract work. Contractor shall pay prevailing wages and comply with Chapter 39.12 of the Revised Code of Washington, as well asany other applicable prevailing wage rate provisions.Contractor will be required to pay Kitsap County Prevailing Wage Rates current on the bid openingdate.The Kitsap County rates are available at the Department of Labor and Industries website. 7.CHANGES.The City may issue a written work change directive for any change in the Contract work during the performance of this agreement.If the Contractor determines, for any reason, that a change order is necessary, Contractor must submit a written change order request to the City’s project manager within two (2) businessdays of the date the Contractor knew or should have known of the facts and events giving rise to the requested change.If the City determines that the change increases or decreases theContractor’s costs or time for performance, the City will make an equitable adjustment.The City will attempt, in good faith, to reach agreement with the Contractor on all equitable adjustments.However, if the parties are unable to agree, the City willdetermine the equitable adjustment as it deems appropriate.The Contractor shall proceed with the change order work upon receiving a written work change directive or change order fromthe City.If the Contractor fails to require a change order within thetime 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 theequitable adjustment the Contractor must complete the change order work; however, the Contractor may elect toprotest the adjustment as provided below: A.Procedure and Protest by the Contractor.If the Contractor disagrees with anything required by a work change directive orchange order, including any direction, instruction, interpretation, or determination by the City, the Contractor shall: 1.Immediately give a signed written notice of protest to the City; PUBLIC WORKS AGREEMENT (between City of Bremerton andInland Potable Services, Inc.) 2.Supplement the written protest within fourteen (14) calendar days with a written statement that provides the following information: a.The date of the Contract’s protest. b.The nature and circumstances that caused the protest. c.The provisions in this agreement that support the protest. d.Theestimated dollar cost, if any, of the protested work and how that estimate was determined. e.An analysis of the progress schedule showingthe 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 resultof the protested work. The City shall have access to any of the Contractor’s records needed for evaluating theprotest. 3.The City will evaluate all protests, provided the procedures in this section are followed. If the City determines that a protestis valid, the City will adjust payment for work or time by an equitable adjustment. No adjustmentwill be madefor an invalid protest. B.Contractor’s Duty to Complete Protested Work.In spite of any protest, the Contractor shall proceed promptly withthe workas the City has ordered. C.Contractor’s Acceptance of Changes. The Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A changeorder that is accepted by Contractor as provided in this section shall constitute full payment andfinal 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 acceptsfrom 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 claimsfor protested work and accepts form the City any written order (including directions, instructions, interpretations, and determination). F.Liens.In the event that there are any liens on file against the City of Bremerton, the City of Bremertonshallbeentitled to withhold final or progress payments to the extent deemednecessary by the City of Bremertontoproperly protect the outstanding lien claimants until properreleases have been filed with the City Clerk 8.CLAIMS.The Contractor shall givewritten notice to the City of all claims other than change orders withinfourteen (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 underthis agreement or otherwise, shall be conclusively deemed to have been waived bythe Contractor unless a timelywritten 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 PUBLIC WORKS AGREEMENT (between City of Bremerton andInland Potable Services, Inc.) days from the date Contractor knew, or should have known, of the facts giving rise to the claim. At a minimum, a Contractor’s written claim must includethe information set forth regarding protests in Section 7.A.2.a.-e. FAILURE TO PROVIDE A COMPLETE, WRITTENNOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDINGTHAT CLAIM OR CAUSED BY THAT DELAY. Contractor must, in any event, fileany claim or bring any suit arising from or connected with this agreement within 120 calendar days from thedate the contract work is complete. 9.WARRANTY. The Contractor shallcorrect all defects in workmanship and materials within one year from the date ofthe City’s acceptance of the Contract work. When defects are corrected, the warranty for that portion of the work shall extend for one year form the date such correction iscompleted 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. Ifthe Contractor does not accomplish the corrections within a reasonable time, theCitymay 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 andvolunteers harmless from any and all claims, injuries, damages, losses or suits including all legal costs and attorney fees, arising out ofor in connection with the performance of this agreement, except for injuries and damages caused by the City’s solenegligence. The City’s inspection or acceptance of any of Contractor’s workwhencompleted shall not be grounds to avoid any of these covenants of indemnification. Should a court ofcompetent jurisdiction determine that this agreement is subject to RCW 4.24.115, then, in the eventof liability for damages arising out of bodily injurytopersons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officials, employees, agents and volunteers, the Contractor’s liability hereunder shall be only to the extent of the Contractor’s negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS INDEMNIFICATION CONSTITUTES THE CONTRACTOR’S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51RCW,SOLELY FOR THE PURPOSEOF THIS INDEMNIFICATION. THE PARTIES ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive theexpiration or termination of this agreement. 11.INSURANCE. The Contractor shall procureand maintain for the duration of this agreement insurance of thetypes and in the amounts described below against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work by the Contractor, its agents, representative, employees, sub-consultants or sub-contractors. Before beginning work on the project described in this agreement,the Contractor shallprovide a evidencing: Certificate of Insurance A.Automobile Liabilityinsurance withlimits no less than $1,000,000 combined singlelimit per accident forbodily injury and property damage; and PUBLIC WORKS AGREEMENT (between City of Bremerton andInland Potable Services, Inc.) B.Commercial General Liabilityinsurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and$2,000,000 general aggregate for personalinjury, bodily injuryand property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; explosion, collapse and underground (XCU); and C.Excess Liabilityinsurance with limitsnot less than $1,000,000 per occurrence and aggregate; and D. Workers Compensationinsurance as statutorily required bythe Industrial Insurance Act of the State of Washington, Title 51, Revised Code of Washington and employer's liability with limits notless 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, asrespects work performed by or on behalf of the Contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The Contractor’s insurance shall contain a clause stating that coverage shallapply separately toeach insured against whom claim is made or suit is brought, except with respects to the limits of the insurer’s liability. The Consultant's insurance shall be primary and non-contributory insurance as respects the City and shall containawaiver of subrogation against the City for claims arising out of any operations, liabilities and obligations to which coverage applies. It shall be an affirmative obligation upon Consultant to advise the City’s Risk Manager by fax at (360) 473-5161,orbycertified mail, returnreceipt requested to City of Bremerton, attn: th Risk Management, 345 6Street, Suite 100, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy set out herein, and failureto do so shallbe construed to be a breach of this Agreement. The City reserves the right to receive a certified copy of all the required insurance policies.In the event that the Contractor employs other contractors (sub-contractors) as part of the work covered by this Agreement, it shall be the Contractor’s responsibility to require and confirm that each sub-contractor meets the minimum insurance requirements specified above. The Contractor shall, upon demandof the City, deliver to the City copies of such policy or policies of insurance and the receipts for payment of premiums thereon. 12.MISCELLANEOUS. A.Equal Employment Opportunity Statement.In the hiring of employeesfor the performance of workunder this Agreement, the Contractor, its subcontractors, or anyperson acting on behalf of Contractorshall not discriminate in any employment practice on the basis ofage (40+), sex, race, creed, color, national origin, sexualorientation/gender identity,marital status, military status, or the presenceof any physical, mental or sensory disability. B.ADA Statement.The City of Bremerton does not discriminate on thebasis of disability in programs and activities, which itoperatespursuant to the requirements of the Americans with Disabilities Act of 1990, and ADA Amendments Act.This policy extends to both employment and admission to PUBLIC WORKS AGREEMENT (between City of Bremerton andInland Potable Services, Inc.) participation in the programs, services and activities of the City of Bremerton.Reasonableaccommodation for employeesor 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.Work Performed at Contractor’s Risk . Contractor shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of this agreement. All work shall be done at Contractor’s ownrisk, andContractor 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 termsand 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 . Thisagreement shall be governedand construed in accordance with the laws ofthe State of Washington. Ifany dispute arises between the City and Contractor under any of the provisions of this agreement, resolution of that dispute shall be available only through thejurisdiction, venue and rules of the Kitsap County Superior Court, Kitsap County, Washington. G.Attorney’s Fees. To the extent not inconsistent with RCW 39.04.240, in any claim or lawsuit for damages arising from the parties’ performance of thisagreement, each party shallbe responsible for payment of its own legal costs and attorney’sfees incurred in defending or bringing such claim or lawsuit; however, nothing in this subsection shalllimit the City’s right to indemnification under Section10of this agreement. H.Written Notice. All communications regarding this agreement shall besent to the parties at the addresses listed on the signature page of this agreement, unless otherwise notified. Any written notice shall become effective upondelivery,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 onthis agreement. I.Assignment. Any assignment of this agreement by the Contractor without the written consent of the City shall bevoid. J.Modification. No waiver, alteration, or modification of any of the provisions of this agreement shall be bindingunless 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, thatdecision shall not affect the validity of the remaining portion of this agreementand the remainder shall remain in full force and effect. L.Entire Agreement. The writtenprovisions and terms of this agreement, together with any attached Exhibits, supersede all prior verbal statements by any representative of the City, and thosestatements shall not be construed as forming a part of or altering in any mannerthis agreement. This agreement and any attached Exhibits containthe entire agreement between the parties. Should any language in any Exhibit to this agreement conflict withany language contained in thisagreement, the terms of this agreement shall prevail. PUBLIC WORKS AGREEMENT (between City of Bremerton andInland Potable Services, Inc.) M.Mutually Bound.Contractor and Subcontractor are mutually bound by the terms of this agreement. Terms of this agreement will apply to the work of any subcontractor.TheContractor shall assume toward the subcontractor all obligations and responsibilities theOwner, under this agreement, assumes toward the Contractor, and the Subcontractor shallassume toward the Contractor all obligations and responsibilities which theContractor, under this agreement, assumes towards the Owner. N.Solicitation of Minority Business. PerRCW 35.22.650,Contractor agreesthat the contractor shall actively solicit the employment of minority group members. Contractor further agrees that the contractor shall activelysolicit bids for thesubcontracting of goods or services from qualified minority businesses. Contractor shallfurnish evidence of the contractor's compliancewith theserequirementsof minority employment and solicitation. Contractor further agrees to consider the grant of subcontracts to said minority bidders on the basis of substantially equal proposals in the light mostfavorable to said minority businesses. The contractor shall be required to submit evidence of compliance with this section as part ofthe bid. IN WITNESS WHEREOF, theparties below have executed thisagreement. H2O SOLUTIONS, LLCTHE CITY OFBREMERTON PrintName:Print Name:Greg Wheeler Title:Title:Mayor DATEDATE Notices to be sent to:Notices tobe sent to: CONTRACTOR:CITYOF BREMERTON: Attn: John WilliamsAttn: Chad Hantelman 9030 W Shara Ave Suite 208100 Oyster Bay Ave. N Las Vegas, NV 89117Bremerton, WA 98312 (206)491-4007(360)473-5493 APPROVED AS TO FORM: Kylie J. Finnell Bremerton City Attorney ATTEST: Angela Hoover,City Clerk PUBLIC WORKS AGREEMENT (between City of Bremerton andInland Potable Services, Inc.) RESERVOIR 4 LOCATION MAP .20 TOTAL 34,50724,297.00 TAX 2,907.202,458.152,047 Chad Hantelman Shipping NANANA Chad Hantelman COMMENTS 19 NET BID 31,60026,722,250 OPENED BY: RECORDED BY: ing force account ITEM 3 report Mob, 7,6008,9428,250 M 2 ITE inspection 6,4006,9674,000 g ITEM 1 Cleanin 17,60010,81010,000 TOTAL BID BID BOND REC’D yesyesyes 5/2/2022 D: Reservoir 4 Cleaning & Inspection TLE: BIDDER SUMMARY rvices, Inc. the winning bidder s CITY OF BREMERTON BID TABULATION BID TIDATE OPENEH2O Solutions, LLCInland Potable Services, Inc.Advanced Diving SeI AGENDA BILL CITY OF BREMERTON 3F CITY COUNCIL SUBJECT: Interlocal Agreement between Study Session Date: May 25, 2022 the City of Bremerton and Kitsap County COUNCIL MEETING Date: June 1, 2022 Department of Community Development for Department: Financial Services Bremerton Kitsap Access Television (BKAT) Presenter: Colleen Miko Services Phone: (360) 473-5306 SUMMARY: The City of Bremerton, Government Access Television BKAT wishes to enter into an Interlocal agreement to provide video services and fulfill grant deliverables associated with the improving landowner development decisions. ATTACHMENTS: 1) Interlocal Agreement between City of Bremerton and Kitsap County Department of Community Development FISCAL IMPACTS (Include Budgeted Amount: n/a STUDY SESSION AGENDA: Limited Presentation Full Presentation STUDY SESSION ACTION: Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Move to approve the Interlocal Agreement with Kitsap County Department of Community Development, 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 Meeting Date: Agenda Item No: Kitsap County Board of Commissioners Office/Department:\[County OfficeDept\] Staff Contact:Alicia Adler, Education & Outreach Coordinator Agenda Item Title:\[Contract Number\]\[Contract Name\] Recommended Action:\[Recommended Action\]\[Contract Number\]-\[Contract Name\] Summary: Kitsap County has entered into a contract with the City of Bremerton to provide video servicesto fulfill grant deliverables associated with the Landowner Development DecisionGrant.The produced videos are intended to proactively improve landowner decisions affecting land cover, stormwater, and critical areas by reaching permit applicants before they apply for a permit. Attachments:1.Contract Review Sheet 2.Professional ServicesContract 3.Scope of Work 4.Compensation Fiscal Impact for this Specific Action Expenditure required for this specific action: $7,875.00 Related Revenue for this specific action:$\[Contract Related Rev\] Cost Savings for this specific action: $\[Cost Savings\] Net Fiscal Impact: $\[Net Fiscal Impact\] Source of Funds: \[Funds Source\] Fiscal Impact for Total Project Project Costs: $\[Project Costs\] Project Costs Savings:$\[Project Cost Savings\] Project Related Revenue: $\[Project Related Rev\] Project Net Total:$\[Project Net Total\] Fiscal Impact (DAS) Review Office/Departmental Review & Coordination Office/DepartmentElected Official/Department Director \[County OfficeDept\]Jeff Rimack Contract Information Date Original Contract Amount of Original Total Amount of Contract Numberor Amendment Contract AmendmentAmended Contract Approved \[Contract Number\]Pending$7,875.00$7,875.00 Kitsap County CONTRACT REVIEW SHEET (Chapter 3.56 KCC) A.CONTRACT INFORMATION 1. Contractor\[Contractor Name\] 2. PurposeGovernmental Access Television through BKAT 3. Contract Amount\[Contract Amount\]Disburse XReceive 4. Contract TermApril 1, 2022through December 31, 2022 5. Contract Administrator\[County Rep Name\]Phone\[County Rep Phone\] Approved:Jeff RimackDate Department Director B.AUDITOR ACCOUNTING INFORMATION 1. Contract Control Number\[Contract Number\] 2. Fund Name\[Funds Source\] 3. Payment from-Revenue to CC/Account Nbr1686.5919.3900 98200038 4. Encumbered ByDave SchuremanDate4/29/2022 C.AUDITOR'S ACCOUNTING GRANTS REVIEW Signature required only if contract is grant funded 1. ApprovedNot Approved ReviewerDate NANA 2. Comments: D.ADMINISTRATIVE SERVICES DEPARTMENT RISK MANAGER REVIEW 1. XApprovedNot Approved ReviewerDate Timothy M. Perez5/5/2022 2. Comments: E.ADMINISTRATIVE SERVICES DEPARTMENT BUDGET MANAGER REVIEW Signature required only if contract is for $50,000 or more, OR it will be signed by board of commissioners (regardless of dollar amount) 1. XApprovedNot Approved ReviewerDate04/29/2022 Aimée Campbell 2. Comments: G.PROSECUTING ATTORNEY 1.XApproved as to FormNot Approved as to Form ReviewerDate Lisa Nickel05/06/22 2. Comments: H.CERTIFICATION BY CONTRACT ADMINISTRATOR: THIS CONTRACT IS READY FOR CONSIDERATION BY THE AUTHORIZED CONTRACT SIGNER. (For contract signing authority, see KCC 3.56.075) Date Approved by Authorized Contract Signer: Date RETURN SIGNED ORIGINALS TO: TammyDillinger MS-36- CONTRACT NO. KC-281-22 Professional Services Contract political subdivision, having its principal offices at 614 Division Street, Port Orchard, Washington th at 345 6 In consideration of the terms and conditions of this Contract, the parties agree as follows: SECTION 1. TERM AND EFFECTIVE DATE 1.1 The Contract will become effective April 1, 2022 and terminate on December 31, 2022, unless terminated or extended, the initial term. The Contract may be extended for additional consecutive renewal terms at the mutual agreement of the parties, not to exceed a total of five (5) years. In no event will the Contract become effective unless and until it is approved and executed by the duly authorized representative of Kitsap County. SECTION 2. SERVICES 2.1. Work), which is incorporated herein by reference. City shall provide its own equipment, labor, and materials. 2.2. documents accepted by the County, and Attachments A (Scope of Work), B (Compensation), and Appendix A. All such documents are incorporated herein in full by this reference. 2.3. Personnel. City shall have and maintain complete responsibility for its Personnel. agents, and any other person utilized by City directly or indirectly or through third parties to perform any Services under the Contract. City shall promptly remove any Personnel performing Services on request from the County Representative. 2.4. Standards. City warrants that i) City has the qualifications, knowledge, experience, skills, and resources necessary to provide all Services; ii) all Services shall be provided by Personnel experienced in their respective fields and in a manner consistent with the standards of care, skill, diligence, and knowledge commonly possessed and exercised by experienced professionals in the same discipline in the same or similar circumstances; to the schedule agreed to by the parties. 2.5. Communication. City shall keep County informed of the progress of the Services in the manner, method, and intervals requested by County. SECTION 3. COMPENSATION AND PAYMENT 3.1. Compensation. The maximum amount of compensation paid under the Contract by the KC-281-22 City of Bremerton Page 1 of 15 County shall not exceed $7,875.00. A description of the compensation is provided in Attachment B: Compensation, which is incorporated herein by reference. 3.2. Invoice. City will submit one (1) invoice to the County per quarter (March, June, September, and December) for payment of Services completed to date, unless otherwise provided herein. Each invoice shall identify the Services performed, dates performed, and any other information requested by County and be accompanied by a detail worksheet. Any Services not identified in an invoice and/or supporting documentation will not be compensated. 3.3. Payment. County will make reasonable efforts to pay City within thirty (30) days from the date the County receives a complete and correct invoice, unless otherwise provided herein. All funds disbursed to City will be processed by Direct Deposit via Automated Clearing House (ACH), unless otherwise agreed to by the parties. 3.4. Insurance/W-9 Compliance. All payments are expressly conditioned upon compliance with all insurance requirements and submission of a current IRS W-9 form to the County. Payments may be suspended in full in the event of noncompliance. Upon full compliance, payments will be released to City unless otherwise provided herein. 3.5. Restrictions. City will only be entitled to receive payment for Services expressly authorized in the Contract and received during the Contract term and accepted by County. City acknowledges oral requests and approvals of additional services or additional compensation are prohibited and unenforceable. Advance payments are not authorized. SECTION 4. TERMINATION 4.1. For Convenience. Either party may terminate the Contract, in whole or in part, without penalty, for any reason or no reason, with ninety (90) days written notice to the other party. 4.2. For Funding issues. If any funding for Services is not available, withdrawn, reduced, or limited in any way, or if additional or modified conditions are placed on the funding after the Contract becomes effective, County may: (1) accept a decreased price offered by City; (2) terminate the Contract; or (3) terminate the Contract and re-solicit the requirements. 4.3. Termination for Default. County may immediately terminate the Contract, in whole or part, due to the failure of City to comply with any Contract term or condition, or to make satisfactory progress in performing the Contract, subject to the provisions of 11.1. 4.4. Procedures. Upon receipt of notice of termination, City shall stop all Services as directed in the notice, notify Personnel of the termination date, and minimize further costs. All goods, materials, documents, data, and reports prepared by City under the Contract shall become the property of, and delivered to, County on demand. A final payment will be made to City only for Services performed and accepted by County through the effective date of termination. No costs incurred after the effective date of the termination will be paid. SECTION 5. INDEMNIFICATION 5.1. To the fullest extent permitted by law, the City shall indemnify, defend, and hold harmless Kitsap County and its elected and appointed officials, officers, employees, and agents ing out of the KC-281-22 City of Bremerton Page 2 of 15 performance of the Contract, whether such Claims arise from the acts, errors, or omissions of the City, its Personnel, third parties, or Kitsap County, or anyone directly or indirectly employed by any of them or anyone for whose acts, errors, or omissions any of them may be liable. It is the specific intent of the parties that the Indemnitees shall, in all instances, except Claims arising from the sole negligence or willful misconduct of the Indemnitees, be indemnified by the City from and against any and all Claims. 5.2. directly or indirectly employed by them, or anyone for whose acts they may be liable, the mited in any way by a limitation on the Personnel under workers compensation acts, disability benefit acts, or other employee benefit acts. Solely for the purposes of this indemnification provision, the City expressly waives its immunity under Title 51 RCW (Industrial Insurance) and acknowledges this waiver was mutually negotiated by the parties. 5.3. damages, demands, judgments, settlements, expenses, fines, or other liabilities of any kind or nature whatsoever, including without limitation, all costs including costs of Claim processing, ersonal or bodily injury, sickness, disease, disability, or death, or loss or damage to tangible or intangible business or property, including the loss of use. Claim includes any infringement of copyright, patent, trademark, or other proprietary rights of any third parties arising out of Contract performance or use by the County of materials furnished or work performed under the Contract. 5.4. Obligations/Notice of Claim. County will provide City notice of the assertion of liability by a third party that may give rise to a Claim by County against City based on the indemnity within fourteen (14) calendar days from the notice date, and will advise County if City accepts or denies tender of the claim. County may in its discretion withhold all or part of any payment due City under the Contract until City responds to such notice. City shall keep the County timely and fully informed through all stages of the defense and promptly reserves the right, but has no obligation to participate in the defense and settlement of any mnity and defense obligations under the Contract. City shall not settle or compromise any Claim in any manner that imposes any obligations upon the County without the prior written consent of the County. City shall promptly advise County of any occurrence or information known to City that could reasonably result in a Claim against County. The violation of any provisions of this Section, including improper refusal to accept tender, is a material breach. SECTION 6. INSURANCE 6.1. Minimum Insurance Required. The City and its subcontractors, if any, shall procure and maintain, until all of the Contract obligations have been fully discharged, including any warranty period, all insurance required in this Section with an insurance company duly licensed in Washington State with an A.M. Best Company ratings of not less than A-VIII County. Use of alternative insurers requires prior written approval from the County. KC-281-22 City of Bremerton Page 3 of 15 Coverage limits shall be at minimum the limits identified in this Section, or the limits available under the policies maintained by the City without regard to the Contract, whichever is greater. 6.2. Professional Liability. Not less than $1,000,000 per claim and $2,000,000 annual aggregate. Coverage will apply to liability for professional error, act or omission arising out exclude bodily injury, property damage or hazards related to the work rendered as part of monitoring, measuring operations or laboratory analysis where such Services are rendered under the Contract. 6.3. Commercial General Liability Not less than $1,000,000 per occurrence and $2,000,000 annual aggregate. Coverage shall include personal injury, bodily injury, and property damage for premise-operations liability, products/completed operations, personal/advertising injury, contractual liability, independent City liability, and stop -limits less than the minimum limits required herein, without the prior written approval of the County. The certificate of insurance for the CGL policy shall expressly cover the indemnification obligations required by the Contract. 6.4. Automobile Liability. City shall maintain personal automobile insurance on all vehicles used for Contract purposes as required by law. Not less than $1,000,000 per occurrence and $2,000,000 annual aggregate. Coverage shall include liability for any and all owned, hired, and non-owned vehicles Coverage may be satisfied with an endorsement to the CGL policy. 6.5. Umbrella or Excess Liability. Contactor may satisfy the minimum liability limits required for the CGL and Automobile Liability under an Umbrella or Excess Liability policy. There is no minimum per occurrence limit of liability under the Umbrella or Excess Liability; however, the annual aggregate limit shall not be less than the highest either CGL or Automobile Liability. City agrees to an endorsement naming County as an additional insured as provided in this Section, unless the Umbrella or Excess Liability provides co- basis. 6.6. Compensation and Employer Liability. If applicable, City shall compensation insurance as required under the Title 51 RCW (Industrial Insurance), for all coverage. If the Contract is for over $50,000, then City shall also maintain employer liability coverage with a limit of not less than $1,000,000. 6.7. Primary, Non- insurance policies and additional named insured endorsements will provide primary insurance coverage and be non-contributory. Any insurance or self-insurance programs maintained or participated in by the County will be excess and not contributory to such insurance policies. All Cit endorsed to show as primary coverage. City shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each KC-281-22 City of Bremerton Page 4 of 15 subcontractor. All subcontractors shall comply with all insurance and indemnification requirements herein. 6.8. Review of Policy Provisions. Upon request, City shall provide a full and complete copy of all requested insurance policies to the County. County reserves the right without limitation, but has no obligation to revise any insurance requirement, or to reject any insurance policies that fail to meet the requirements of the Contract. County also has the right, but no obligation to review and reject any proposed insurer providing coverage based upon the request and review the self- recent annual financial reports and audited financial statements, as conditions of approval. Failure to demand evidence of full compliance with the insurance requirements or failure to identify any insurance deficiency shall not relieve City from, nor be construed or deemed a waiver, of its obligation to maintain all the required insurance at all times as required herein. 6.9. Waiver of Subrogation. In consideration of the Contract award, City agrees to waive all rights of subrogation against County, its elected and appointed officials, officers, employees, and agents. This waiver does not apply to any policy that includes a condition that expressly prohibits waiver of subrogation by the insured or that voids coverage should City enter into a waiver of subrogation on a pre-loss basis. 6.10. Additional Insured, Endorsement and Certificate of Insurance. All required insurance the County, elected and appointed officials, officers, employees, and agents, as additional insureds and be properly endorsed for the full available limits of coverage maintained by City and its subcontractors. Endorsement is not required if the City is a self- insured government entity, or insured through a government risk pool authorized by Washington State. The Certificate of Insurance and endorsement shall identify the Contract number and shall require not less than thirty (30) prior notice of termination, cancellation, nonrenewal or reduction in coverage. At the time of execution, the City shall provide the Certificate of Insurance, endorsement, and all insurance notices to: Risk Management Division, Kitsap County Department of Administrative Services, 614 Division Street, MS- 7, Port Orchard, Washington 98366. 6.11. General. The coverage limits identified herein are minimum requirements only and will not in any manner limit or qualify the liabilities or obligations of City under the Contract. All insurance policy deductibles and self-insured retentions for policies maintained under the Contract shall be paid by City. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to County, its elected and appointed officials, officers, employees, or agents. insurance shall apply separately to each insured liability. 6.12. Claims--made policy, City shall purchase an extended- a minimum of three (3) years following completion of the performance or attempted performance of the provisions of this Contract. KC-281-22 City of Bremerton Page 5 of 15 SECTION 7. NOTICE AND CONTRACT REPRESENTATIVES 7.1. Any notices, demands and other communications required by the Contract will be effective if personally served upon the other party or if mailed by registered or certified mail, Representative at the address below. Notice may also be given by facsimile with the original to follow by regular mail. Notice will be deemed to be given three (3) days following the date of mailing, or immediately if personally served. For service by facsimile, service will be effective at the beginning of the next working day. Each party will designate a (15) days prior notice to the other party. Name: Alicia Adler Title: Education & Outreach Coordinator Address: 619 Division Street, MS-36 Port Orchard, WA 98366 Phone: 360-337-5777 Name: Colleen Miko Title: Public Access Manager BKAT (Bremerton Kitsap Access Television) Address: 345 6th Street, STE 100, Bremerton, WA 98337 Phone: 360-473-5014 Email: Colleen.miko@ci.bremerton.wa.us SECTION 8. AMENDMENTS, SUBCONTRACTS, INDEPENDENT CITY 8.1. Amendment. No amendment or modification to the Contract will be effective without the prior written consent of the authorized representatives of the parties. 8.2. Successors and Assigns. To the extent permitted by law, the Contract is binding on the representatives. 8.3. Assignments. Except with the prior written consent of the other party, each party shall not assign or transfer, including by merger (whether that party is the surviving or disappearing entity), consolidation, dissolution, or operation of law any right, duty, obligation, or remedy under the Contract. Any purported assignment or transfer in violation of this section shall be void. 8.4. implied, between City and another party or between a subcontractor and another party delegating or assigning, in whole or in part, the making or furnishing of any material or service for the performance of the Contract. All subcontracts shall incorporate by reference the terms and conditions of this Contract. City is solely responsible for the performance and payment of its subcontractors. 8.5. Independent Contractor. Each party under the Contract shall be for all purposes an KC-281-22 City of Bremerton Page 6 of 15 independent contractor. Nothing contained herein will be deemed to create an association, a partnership, a joint venture, or a relationship of principal and agent, or employer and employee between the parties. City shall have complete responsibility and control over its Personnel. Neither City nor its Personnel shall be, or be deemed to be, or act or purport to act, as an employee, agent or representative of County. City and its Personnel shall have no County employee-type benefits of any kind whatsoever, including without limitation, insurance, pension plan, vacation pay or sick pay, or other right or privilege afforded to County employees. City and its Personnel shall be responsible for payment of all insurance, taxes, and benefits. SECTION 9. OWNERSHIP, CONFIDENTIAL INFORMATION AND BREACH 9.1. Ownership. Any and all data, reports, analyses, documents, photographs, pamphlets, plans, specifications, surveys, films, or any other materials created, prepared, produced, constructed, assembled, made performed, or otherwise produced by City or its Personnel for delivery to County under this Contract shall be the sole and absolute property of Copyright Act of 1976, 17 U.S.C § 101, and the ownership of the copyright and any other intellectual property rights in such property shall vest in County at the time of its creation. Ownership of the intellectual property includes the right to copyright, patent, and register, and the ability to transfer these rights. Material City uses to perform this Contract that is not created, prepared, constructed, assembled, made, performed, or otherwise produced for or paid for by County is owned by the terms of the Contract. 9.2. Confidential Information/Breach. City shall ensure that all personal identifying information, financial information, and other information submitted or made available to City by, or on behalf of, County, or acquired or developed by City in the performance of Contract (unless publicly available) is kept confidential, secured, and protected to prevent unauthorized access. Such information will be utilized by City solely as necessary for the performance of Services under Contract an prior written consent. In the event of unauthorized access or other security breach, City shall immediately notify Contract Representative and shall at its sole expense comply with all requirements of RCW 19.255.010, in effect at any given time. Upon expiration or termination of Contract, all confidential information shall be returned to County or discretion. SECTION 10. REPRESENTATIONS AND RECORDS 10.1. No Fee. City certifies it has not received, nor paid or agreed to pay, another person or entity, other than a bona fide employee working exclusively for City, any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from the award or making of the Contract. 10.2. Licenses, Permits and Taxes. City shall, at its own expense, have and maintain all licenses, registrations, permits, and approvals necessary for the performance of the Contract, including without limitation, registration with the Washington State Department of Revenue. City shall pay all fees (including licensing fees) and applicable federal, state, and local taxes. KC-281-22 City of Bremerton Page 7 of 15 10.3. Compliance. City and its Personnel, and the Services provided by City and its Personnel, shall comply with all applicable laws, codes, and standards in effect at any given time regardless as to whether such laws are referred to by County. If required for the Services provided, City and its Personnel shall submit to a background check as directed by County. 10.4. Nondiscrimination. City and its Personnel shall not discriminate against any person on the basis of race, color, creed, religion, national origin, age, sex, marital status, sexual orientation, veteran status, disability, or other circumstance prohibited by federal, state, or local law, and shall comply with Title VI of the Civil Rights Act of 1964, P.L. 88-354 and Americans with Disabilities Act of 1990 in the performance of the Contract. 10.5. Public Records. City acknowledges the Contract and all public records associated with the Contract shall be available to County for inspection and copying by the public where required by the Public Records Act, Chapter 42.56 RCW t public records in the custody of City are needed for County to respond to a request under the Act, as determined by County, City shall make them promptly available to County at no cost to the County. If City considers any portion of any record provided to County under the Contract, whether electronic or hard copy, to be protected from disclosure under the law, City shall clearly identify all specific information it claims to be confidential or proprietary. If County receives a request under the Act to inspect or copy the information that has been identified by City as protected from disclosure and County determines that obligation will be to make a reasonable effort to notify City of the request and the date that such protected information will be released to the requester unless City obtains a court order to enjoin disclosure pursuant to RCW 42.56.540. If City fails to timely obtain a court order enjoining disclosure, County will release the requested information on the date specified. County has, and by this Section assumes, no obligation on behalf of City to claim any exemption from disclosure under the Act. County will not be liable to City for releasing records in compliance with the Act, this Section or court order. 10.6. Advertising, Logo. City shall not use, advertise, or promote for commercial benefit information concerning the Contract or use any trade name, trademark, or logo of County, consent. 10.7. Audit and Record Retention. City and its Personnel shall retain all books, documents, and records relating to performance of the Contract and Services provided in connection with this Contract for six (6) years after completion of the Contract or longer if requested by the County. All records shall be subject to inspection and audit by County. Upon request, City shall promptly make available to County a legible copy of all books, documents, and records at no cost to County. SECTION 11. RIGHTS AND REMEDIES 11.1. Failure to Perform. If County determines City has failed to perform any material obligation of notice from County, County may without penalty, in its discretion, withhold all monies due City until such failure is cured to the reasonable satisfaction of County. 11.2. Right of Assurance. If County in good faith has reason to believe City does not intend, or is unable to perform, or continue performing under Contract, County may demand in writing KC-281-22 City of Bremerton Page 8 of 15 that City give a written assurance of intent to perform. Should the City fail to provide adequate assurance to the reasonable satisfaction of County, by the date specified the demand, County may terminate all or part of the Contract and pursue all other rights and remedies available at law and in equity. 11.3. Responsibility for Errors. All Services shall be completed to the reasonable satisfaction of County and as required herein. Upon request, City shall provide any clarifications and/or explanations regarding any Services provided as required by County, at no additional cost to County. In the event of an error or omission under the Contract, City shall, at no cost to County, provide all necessary design drawings, estimates, and all other professional services County deems necessary to rectify and correct the matter to the satisfaction of County. City shall continue to be responsible for the accuracy of Services, even after the Work is accepted by County and the termination or expiration of the Contract. 11.4. Remedies. All County rights and remedies under the Contract are in addition to, and shall in no way limit, any other rights and remedies that may be available to County at law and in equity. 11.5. Right of Off-Set; Reimbursement. County will be entitled to offset against any sums due City and to reimbursement from City for any damages, expenses, or costs incurred by the Contract. 11.6. Contract, or to exercise any right based upon a breach thereof or the acceptance of any performance during such breach, will not constitute a waiver of any right or remedy under the Contract unless expressly so agreed in writing by an authorized representative. 11.7. Breach. In the event of a material breach by City, County may procure, on terms and in the manner that it deems appropriate, Services to replace those under the Contract. City shall be liable to County for any and all costs, expenses, penalties, and fees incurred by County n procuring such Services in substitution for those due from City under the Contract. SECTION 12. GOVERNING LAW, DISPUTES 12.1. Governing Law; Venue. The Contract will be governed in all respects by the laws of the State of Washington, both as to interpretation and performance, without regard to conflicts of law or choice of law provisions. Any action arising out of or in connection with the Contract may be instituted and maintained only in a court of competent jurisdiction in Kitsap County, Washington or as provided by RCW 36.01.050. 12.2. Disputes. Conflicts and disagreements between the parties related to the Contract will be promptly brought to the attention of the County. Any dispute relating to the quality or acceptability of performance or compensation due City will considered final; however, nothing herein prohibits either party from seeking judicial relief. KC-281-22 City of Bremerton Page 9 of 15 SECTION 13. PREVAILING WAGE Not Applicable SECTION 14. GENERAL PROVISIONS 14.1. Implied Contract Terms. Each provision of law and any terms required by law to be in the Contract are made a part of the Contract as if fully stated in it. 14.2. Headings/Captions. Headings and captains used are for convenience only and are not a part of the Contract and do not in any way limit or amplify the terms and provisions hereof. 14.3. No Party the Drafter. The Contract is the product of negotiation between the parties, and no party is deemed the drafter of the Contract. 14.4. No Third-Party Beneficiary. No provision of the Contract is intended to, nor will it be construed to, create any third-party beneficiary or provide any rights or benefits to any person or entity other than the County and City. 14.5. Severability. If a court of competent jurisdiction holds any provision of the Contract to be illegal, invalid, or unenforceable, in whole or in part, the validity of the remaining provisions as if the Contract did not contain the particular provision held to be invalid. If any provision of the Contract conflicts with any statutory provision of the State of Washington, the provision will be deemed inoperative to the extent of the conflict or modified to conform to statutory requirements. 14.6. Counterparts. The Contract may be executed in several counterparts, each of which will be deemed an original, but all of which together will constitute one and the same agreement. 14.7. Non-Exclusive Contract. County may at its discretion enter into multiple agreements to obtain the same or similar services that are the subject of this Contract or may have its own employees perform the same or similar services contemplated by the Contract. 14.8. Survival. Those provisions of this Contract that by their sense and purpose should survive expiration or termination of the Contract shall so survive. Those provisions include, without limitation: Sections 5 (Indemnification), 6 (Insurance), 8.5 (Independent Contractor), 9 (Ownership, Confidential Information and Breach), 11 (Rights and Remedies), 12 (Governing Law, Disputes), and 14 (General Provisions). 14.9. Entire Agreement. The parties acknowledge the Contract is the product of negotiation between the parties and represents the entire agreement of the parties with respect to its subject matter. All previous agreements and representations, whether oral or written, entered into prior to this Contract are hereby revoked and superseded by the Contract. 14.10. Authorization. Each party signing below warrants to the other party, that they have the full power and authority to execute this Contract on behalf of the party for whom they sign. Approved: ____________, Colleen Miko, BKAT Director KC-281-22 City of Bremerton Page 10 of 15 CITY OF BREMERTON BOARD OF COUNTY COMMISSIONERS KITSAP COUNTY, WASHINGTON Signature EDWARD E. WOLFE, Chair CHARLOTTE GARRIDO, Commissioner Name ROBERT GELDER, Commissioner Title Approved as to Form: __________________________ ATTEST: City Attorney Dana Daniels, Clerk of the Board KC-281-22 City of Bremerton Page 11 of 15 ATTACHMENT A SCOPE OF WORK The City, through Bremerton Kitsap Access Television (hereinafter referred to as BKAT) shall provide the production of Community Development webinars, including but not limited to the following: Consultation services; Pre-production, production, travel to field assignments, video-on-demand; Properly trained staff and volunteers, including videographer for field assignments; Coordination of studio time BKAT's estimated service commitments covered by this Contract are as follows: Description Number # of Total per hours hours Year allotted Webinars to 5 15 75 produced videos The County shall retain control over program content. Content of all County programs/meetings and projects with BKAT are the sole property of the County. County has all rights for reuse, rebroadcast, or any other use of programming completed under this Contract. KC-281-22 City of Bremerton Page 12 of 15 ATTACHMENT B COMPENSATION Payment shall not exceed $7,875.00 under this contract. Services performed under this Contract shall be reimbursed at a rate of $105 dollars per hour. KC-281-22 City of Bremerton Page 13 of 15 AGENDA BILL CITY OF BREMERTON 3G CITY COUNCIL SUBJECT: Ordinance No. 5450 amending Study Session Date: May 25, 2022 Ordinance No. 5442 relating to the City of COUNCIL MEETING Date: June 1, 2022 Bremerton Fiscal Year 2022 Budget Department: Financial Services Presenter: Karen Wikle Phone: (360) 473-5296 SUMMARY: Each year the City assesses its current fiscal year budget for any needed adjustments. Adjustments are recommended for the following reasons: to adjust the estimated beginning fund balances to actual, to account for unanticipated/unexpected items, to incorporate 2021 carryover items, and to adjust for previously approved Council motions/resolutions etc. The attached ordinance and supporting documents outline the various reasons for the current proposed budget amendment. ATTACHMENTS: Ordinance No. 5450 to Amend Ordinance No. 5442 adopting the 2022 Budget Exhibit A-2022 All Funds Revenue & Expenditures 2022 Mid-Year Budget Adjustment Memo Detailed Supporting Schedules by Fund FISCAL IMPACTS (Include Budgeted Amount): The net adjustment for all City Funds for the Fiscal Year 2022 is $24,010,600 for an overall budget of $248,975,142 including ending fund balances. STUDY SESSION AGENDA: Limited Presentation Full Presentation STUDY SESSION ACTION: Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Move to pass Ordinance No. 5450 amending Ordinance No. 5442 relating to the City of Bremerton Fiscal Year 2022 Budget; and further authorize identified staffing adjustments. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 ORDINANCE NO. 5450___ AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Ordinance No. 5442 relating to the City of Bremerton Fiscal Year 2022 Budget. WHEREAS, the City Council passed the Fiscal Year 2022 City Budget Ordinance No. 5442 on November 17, 2021; and WHEREAS, the City Council has previously amended the budget by various motions and resolutions subsequent to November 17, 2021 which require a formal amendment by ordinance; and WHEREAS, all of the funds of the City of Bremerton require amendment to adjust beginning fund balances; and WHEREAS, several City Departments and Funds are experiencing or anticipate additional expenses due to factors such as costs related to provision of contracted services and changed allocations of staff time; and WHEREAS, several City Departments and Funds require adjustment to revenues to reflect activity in 2022 or timing changes from that which was anticipated in the 2022 budget; and WHEREAS, certain reclassifications of revenues and expenditures are required to properly reflect budget categories in a manner consistent with actuals in accordance with BMC 3.02.010; and WHEREAS, each of these actions has an impact on the City of Bremerton Fiscal Year 2022 Annual Budget resulting in the need to amend this Budget document; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Ordinance No. 5442 establishing the City of Bremerton2 Budget is hereby amended as follows; 1) regular revenues and unencumbered fund balances of $248,975,142, the total for each fund as set forth in Exhibit A, attached hereto and incorporated herein by this reference, and 2) in accordance with BMC 3.02.010, expenditures and ending fund balances of $248,975,142 as set forth in Exhibit A. 1 2022 Mid-Year Budget Amendment SECTION 2. That the totals for the funds noted in Exhibit A are hereby appropriated for the fiscal year 2022. SECTION 3. Severability. If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. SECTION 4. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. PASSED by the City Council the___________ day of ____________________, 2022 _________________________________ MICHAEL GOODNOW, Council President Approved this ________ day of ________________________, 2022 ________________________________ GREG WHEELER, Mayor ATTEST: APPROVED AS TO FORM: __________________________________ ________________________________ ANGELA HOOVER, City Clerk KYLIE FINNELL, City Attorney PUBLISHED the________ day of ______________________, 2022 EFFECTIVE the_________day of ______________________, 2022 ORDINANCE NO. ______ 2 2022 Mid-Year Budget Amendment l Memorandum To: City Council Mayor Greg Wheeler From: Karen Wikle, Budget Analyst Re: 2022 Mid-Year Budget Amendment, Ordinance No. ___ Date: May 25, 2022 The city adopted the 2022 budget by Ordinance No. 5442 on November 17, 2021. Each year the City assesses its current fiscal year budget and addresses any needed adjustments that have come to the attention of the staff in Financial Services. Adjustments for both revenue and expenditures are brought forward for the following reasons: to adjust the estimated beginning fund balances to actual, to account for subsequent unanticipated/unexpected conditions, to account for previously approved projects that were underway in 2021 that were not concluded and require carryover expenditure authority, to reallocate revenue and expenditure line items within budget control categories with zero net increase, and to formally account for various council motions/resolutions previously approved to date during 2022. Enclosed is the mid-year budget amendment ordinance and detailed supporting schedules. Noteworthy items not previously approved by Council, and/or are significant, are as follows: General Fund The actual beginning fund balance was lower than anticipated by $447,764. There is a $4,727,429 carry over from 2021 in non-departmental expenditures for ARPA funding departmental allocations within the General Fund. There is a decrease in intergovernmental revenue and non-departmental expenditures for previously adopted departmental allocation to Stormwater Utility Capital. A $44,772 increase in personnel costs from various departments for implementation of Collective Bargaining AgreementTeamsters, IAFF and salary adjustment for Management and Professional employees. A $419,195 expenditure for carry over from fiscal year 2020, Type 6 Wildland Fire Truck and Medic Unit for Fire. Other Funds Transportation Capital Projects Fund includes carryover from 2021 with an increase in revenues of $4,280,492 and an expenditure increase of $4,752,431 for multiple projects. There is an increase in intergovernmental revenue by $866,400 and an increase in transfer in from REET by $139,746. 1 TheWastewater Capital fund includes a carryoverinintergovernmentalloan revenue of $3,174,824 for Oyster Bay Beach Sewer project as well an increase in capital expenditures of $1,100,000 for Oyster Bay Avenue Improvements project. The Stormwater Capital fund includes a 2021 carryover in intergovernmental loan revenue of $1,796,691. With additional funding available, there is also an increase in intergovernmental loan revenue of $2,350,000 and an increase in capital expenditures of $2,900,000 all adjustments for Ostrich Creek Culvert project. The Equipment Rental Reserve-Operations and Maintenance fund includes an increase in charges for services revenue of $113,000 as well as an increase in expenditure supplies for an increase in fuel costs. The Equipment Rental Reserve-Reserves fund includes carryover from 2021 of $419,195 in capital contributions revenue and an additional $955,377 in capital expenditures for Fire and Water Utility. $419,195 of the expenditures is funded by the General Fund. Budget adjustments are necessary to properly reflect the nature and extent of revenues and expenditures of the various City funds and departments. The attached ordinance and supporting schedules (by fund) include adjustments by budget control category for both revenues and expenditures with a City-wide appropriation, including fund balance, of $248,975,142. 2 AGENDA BILL 5A CITY OF BREMERTON CITY COUNCIL Updated SUBJECT: Study Session Date: May 11, 2022 Ordinance No. 5451 adopting Proposal to COUNCIL MEETING Date: May 18 & June 1, 2022 Modify Council District Boundaries due to Department: IT/Financial Services the 2020 US Census 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 is required to hold a public hearing on the proposed boundaries and then adopt the related ordinance. A public hearing was held on May 18, 2022 to take public comment and now the action before the Council is to adopt the ordinance. ATTACHMENTS: 1) Ordinance No. 5451 Added; 2) Current Maps; 3) May 11 Presentation 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 Ordinance No. 5451 adopting new City Council District Boundaries for the City of Bremerton based on the 2020 Census. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 ORDINANCE NO. AN ORDINANCE of the City Council of the City of Bremerton, Washington, adopting new City Council District boundaries for seven (7) City Council Districts for the City of Bremerton based on the year 2020 census and repealing Ordinance No. 5179 relating to City Council Districts. WHEREAS, the Bremerton City Charter and RCW Chapter 29A.76 require the City Council to change the boundaries of existing City Council Districts to match federal decennial census data; and WHEREAS, the 2020 census has necessitated the adjustment of City Council District boundaries to more equally balance population pursuant to City Charter and RCW Chapter 29A.76.010; and WHEREAS, the City Council passed Ordinance No. 5179 on February 16, 2012 repealing Ordinance No. 5162 relating to City Council Districts; and WHEREAS, the City Council held a duly noted public hearing in accordance with RCW 29A.76.010(5); NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Ordinance No. 5179 of the Bremerton City Council establishing City Council Districts is hereby repealedand new City Council Districts are established as legally described herein and as set forth in the maps attached as Exhibit A. SECTION 2. Council District 1 shall include: hat portion of Sections 2, 3 and 11, Township 24 North, Range 1 East, Willamette Meridian, T situate in Kitsap County, Washington, located within the Bremerton City limits, lying northerly of the Port Washington Narrows, and lying westerly of the following described line: Beginning at the centerline intersection of Warren Avenue (State Route 303) and the Port Washington Narrows, being the true point of beginning; thence generally northerly along the centerline of said Warren Avenue to the centerline intersection with Sheridan Road; thence continuing northerly along the centerline of Wheaton Way (State Route 303) to the intersection with Sylvan Way; thence westerly along said centerline of Sylvan Way to the centerline intersection with Gillette Avenue; thence northerly along the centerline of Gillette Avenue to the centerline intersection with Pearl Street; thence easterly along the centerline of Pearl Street to the centerline intersection of Bledsoe Avenue; thence northerly along the centerline of Bledsoe 1 Redistricting 2022 – Council Districts Avenue to the centerline intersection of Hanford Avenue; thence easterly along the centerline of Hanford Avenue to the extension of the east line of Lot 80 of the Plat of Valle-Hi Addition 3 as recorded in Volume 10 of the book of plats, Page 2, records of Kitsap County, Washington; thence northerly along the east line of said Lot 80 and extension thereof to the intersection of the Bremerton City limits, also being the terminus. SECTION 3.Council District 2 shall include: That portion of Sections 1, 2, 11, 12, and 13 Township 24 North, Range 1 East, Willamette Meridian, situate in Kitsap County, Washington, located within the Bremerton City limits, described as follows: Beginning at the centerline intersection of Warren Avenue (State Route 303) and the Port Washington Narrows, being the true point of beginning; thence generally northerly along the centerline of said Warren Avenue to the centerline intersection with Sheridan Road; thence continuing northerly along the centerline of Wheaton Way (State Route 303) to the intersection with Sylvan Way; thence westerly along said centerline of Sylvan Way to the centerline intersection with Gillette Avenue; thence northerly along the centerline of Gillette Avenue to the centerline intersection with Pearl Street; thence easterly along the centerline of Pearl Street to the centerline intersection of Bledsoe Avenue; thence northerly along the centerline of Bledsoe Avenue to the centerline intersection of Hanford Avenue; thence easterly along the centerline of Hanford Avenue to the extension of the east line of Lot 80 of the Plat of Valle-Hi Addition 3 as recorded in Volume 10 of the book of plats, Page 2, records of Kitsap County, Washington; thence northerly along the east line of said Lot 80 and extension thereof to the intersection of the Bremerton City limits; thence generally easterly and southerly along the Bremerton City limits to the centerline intersection with Perry Avenue at Magnuson Way; thence westerly along the centerline of Magnuson Way to the centerline intersection of Fir Avenue; thence southerly along the centerline of Fir Avenue to the centerline intersection of Jenner Avenue; thence southerly along the centerline of Jenner Avenue to the centerline intersection of Winfield Avenue; thence th southerly along the centerline of Winfield Avenue to the centerline intersection of East 18 th Street; thence westerly along the centerline of East 18 Street to the centerline intersection with Lower Wheaton Way; thence continuing westerly along the centerline of Lower Wheaton Way to the centerline intersection with Schley Canyon; thence southerly and westerly along the centerline of Schley Canyon and extension thereof to the centerline intersection with the Port Washington Narrows; thence generally northwesterly along the centerline of Port Washington Narrows to the true point of beginning. SECTION 4.Council District 3 shall include: That portion of Section 12, 13, 14, and 24 Township 24 North, Range 1 East, and Section 7 and 18, Township 24 North, Range 2 East, Willamette Meridian, situate in Kitsap County, Washington, located within the Bremerton City limits, and lying easterly of the following described line: 2 Redistricting 2022 – Council Districts Beginning at the intersection of the centerline of Sinclair Inlet and extension thereof of the eastern boundary of the Puget Sound Naval Shipyard (PSNS) as depicted on Volume 65 of the book of surveys, Pages 160 through 164, records of Kitsap County, Washington; thence northwesterly along said eastern boundary to the westerly margin of Right of Way of Pacific st Avenue/1 Street; thence northerly along said westerly margin and extension thereof to the centerline of Burwell Street; thence westerly along the centerline of Burwell Street to the centerline intersection of Warren Avenue; thence northerly along the centerline of Warren Avenue to the centerline intersection of Port Washington Narrows; thence southeasterly along the centerline of Port Washington Narrows to the centerline intersection with Schley Canyon and extension thereof; thence easterly and northerly along the centerline extension and centerline of Schley Canyon to the centerline intersection with Lower Wheaton Way; thence easterly along th the centerline of Lower Wheaton Way to the centerline intersection of East 18Street; thence th continuing easterly along the centerline of East 18Street to the centerline intersection of Winfield Avenue; thence northerly along the centerline of Winfield Avenue to the centerline intersection of Jenner Avenue; thence northerly along the centerline of Jenner Avenue to the centerline intersection of Fir Avenue; thence northerly along the centerline of Fir Avenue to the centerline intersection of Magnuson Way; thence easterly to the centerline of Perry Avenue, also being the terminus. SECTION 5.Council District 4 shall include: That portion of Sections 11, 13, 14, 23, and 24, Township 24 North, Range 1 East, Willamette Meridian, situate in Kitsap County, Washington, located within the Bremerton City limits and lying southwesterly of the Port Washington Narrows waterway, described as follows: Beginning at the intersection of the centerline of Sinclair Inlet and extension thereof of the eastern boundary of the Puget Sound Naval Shipyard (PSNS) as depicted on Volume 65 of the book of surveys, Pages 160 through 164, records of Kitsap County, Washington; thence northwesterly along said eastern boundary to the westerly margin of Right of Way of Pacific st Avenue/1 Street; thence northerly along said westerly margin and extension thereof to the centerline of Burwell Street; thence westerly along the centerline of Burwell Street to the centerline intersection of Warren Avenue; thence northerly along the centerline of Warren Avenue to the centerline intersection of the Port Washington Narrows; thence northwesterly along the centerline of the Port Washington Narrows to the centerline extension of Naval Avenue; thence southerly along the centerline extension of Naval Avenue to the centerline thth intersection of 19Street; thence westerly along the centerline of 19 Street to the centerline intersection of Bloomington Avenue; thence southerly along the centerline of Bloomington thth Avenue to the centerline intersection of 15 Street; thence westerly along the centerline of 15 Street to the centerline intersection of Whitney Avenue; thence southerly along the centerline of th Whitney Avenue to the centerline intersection of 13 Street; thence easterly along the centerline th of 13 Street to the centerline intersection of Olympic Avenue; thence southerly along the th centerline of Olympic Avenue to the centerline intersection of 11Street; thence easterly along th the centerline of 11 Street to the centerline intersection of Hewitt Avenue; thence southerly th along the centerline of Hewitt Avenue to the centerline intersection of 6 Street; thence westerly 3 Redistricting 2022 – Council Districts th along the centerline of 6 Street to the centerline intersection of Hewitt Avenue; thence southerly along Hewitt Avenue to the centerline intersection of Burwell Street; thence easterly along the centerline of Burwell Street to the centerline intersection of Anoka Avenue; thence southerly along the centerline of Anoka Avenue to the centerline intersection of Mahan Avenue; thence westerly along the centerline of Mahan Avenue to the centerline intersection of Coughlan Street; thence southwesterly along the centerline of Coughlan Street to the centerline intersection of Peary Road, thence westerly and southerly along the centerline of Peary Road to the centerline intersection of Decatur Avenue; thence westerly along the centerline of Decatur Avenue to the centerline intersection of Dewey Street; thence south to the centerline of Farragut Avenue; thence southeasterly along the centerline of Farragut Avenue to the centerline intersection of West Street; thence continuing southeasterly along the centerline of West Street to the centerline intersection of Z Street; thence southerly along the centerline of Z Street to the centerline of Sinclair Inlet; thence northeasterly along the centerline of Sinclair Inlet to the point of beginning. SECTION 6. Council District 5 shall include: That portion of Section 14, 15, 22, and 23, Township 24 North, Range 1 East, Willamette Meridian, situate in Kitsap County, Washington, located within the Bremerton City limits, and lying southerly and westerly of the following described line: Beginning at the intersection of the Bremerton City limits and centerline of Dora Avenue; thence th northerly on the centerline of Dora Avenue to the centerline intersection with 6 Street; thence th easterly on the centerline of 6 Street to the centerline intersection with Charlotte Avenue; th thence northerly on the centerline of Charlotte Avenue to the centerline intersection with 9 th Street; thence easterly on the centerline of 9Street to the centerline intersection with Bertha Avenue; thence northerly on the centerline of Bertha Avenue to the centerline intersection of Adele Avenue; thence southerly on the centerline of Adele Avenue to the centerline intersection thth of 9 Street; thence easterly on the centerline of 9 Street to the centerline intersection of Wilbert Avenue; thence northerly on the centerline of Wilbert to the centerline intersection of thth 11 Street; thence easterly on the centerline of 11 Street to the centerline intersection of Kitsap th Way; thence southeasterly on the centerline of Kitsap Way to the centerline intersection of 11 th Street; thence northeasterly and east on the centerline of 11 Street to the centerline intersection of Hewitt Avenue; thence southerly along the centerline of Hewitt Avenue to the centerline thth intersection of 6Street; thence westerly along the centerline of 6 Street to the centerline intersection of Hewitt Avenue; thence southerly along Hewitt Avenue to the centerline intersection of Burwell Street; thence easterly along the centerline of Burwell Street to the centerline intersection of Anoka Avenue; thence southerly along the centerline of Anoka Avenue to the centerline intersection of Mahan Avenue; thence westerly along the centerline of Mahan Avenue to the centerline intersection of Coughlan Street; thence southwesterly along the centerline of Coughlan Street to the centerline intersection of Peary Road, thence westerly and southerly along the centerline of Peary Road to the centerline intersection of Decatur Avenue; thence westerly along the centerline of Decatur Avenue to the centerline intersection of Dewey Street; thence south to the centerline of Farragut Avenue; thence southeasterly along the centerline of Farragut Avenue to the centerline intersection of West Street; thence continuing 4 Redistricting 2022 – Council Districts southeasterly along the centerline of West Street to the centerline intersection of Z Street; thence southerly along the centerline of Z Street to the centerline of Sinclair Inlet, also being the terminus. SECTION 7.Council District 6 shall include: That portion of Sections 4, 9, 10, 11, 14, 15, 16, and 22 in Township 24 North, Range 1 East, Willamette Meridian, situate in Kitsap County, Washington, lying within the city limits of the City of Bremerton and adjacent to Port Washington Narrows, Phinney Bay, Mud Bay, Ostrich Bay and Oyster Bay, and also being further bounded on the west, south, and east by a line described as follows: Beginning at the intersection of the northerly property line of the City of Bremerton’s NAD Park, also being the southerly line of the U.S. Navy Jackson Park Housing Complex, and the Government Meander Line; thence westerly along said northerly property line to the centerline extension of Shorewood Drive; thence southerly on said centerline extension and centerline of Shorewood Drive to the centerline intersection of Kitsap Way; thence westerly on the centerline of Kitsap Way to the centerline intersection of State Route 3; thence southeasterly on the centerline of SR-3 to the intersection of Bremerton city limits; thence generally easterly and northerly along said city limit line to the centerline intersection of Dora Avenue; thence northerly th on the centerline of Dora Avenue to the centerline intersection with 6 Street; thence easterly on th the centerline of 6 Street to the centerline intersection with Charlotte Avenue; thence northerly th on the centerline of Charlotte Avenue to the centerline intersection with 9 Street; thence th easterly on the centerline of 9 Street to the centerline intersection with Bertha Avenue; thence northerly on the centerline of Bertha Avenue to the centerline intersection of Adele Avenue; th thence southerly on the centerline of Adele Avenue to the centerline intersection of 9 Street; th thence easterly on the centerline of 9Streetto the centerline intersection of Wilbert Avenue; th thence northerly on the centerline of Wilbert to the centerline intersection of 11 Street; thence th easterly on the centerline of 11 Street to the centerline intersection of Kitsap Way; thence th southeasterly on the centerline of Kitsap Way to the centerline intersection of 11 Street; thence th northeasterly and east on the centerline of 11 Street to the centerline intersection of Olympic Avenue; thence northerly along the centerline of Olympic Avenue to the centerline intersection thth of 13 Street; thence westerly on the centerline of 13Street to the centerline intersection of Whitney Avenue; thence northerly on the centerline of Whitney Avenue to the centerline thth Street; thence easterly on the centerline of 15Street to the centerline intersection of 15 intersection of Bloomington Avenue; thence northerly on the centerline of Bloomington Avenue thth to the centerline intersection of 19 Street; thence easterly on the centerline of 19 Street to the centerline intersection of Naval Avenue; thence northerly to the centerline of the Port Washington Narrows. SECTION 8.Council District 7 shall include: That portion of Sections 4, 5, 7, 8, 9, 16, 17, 18, 19, 20, 21, 22, 28, 29, 30, 31, 32 and 33, Township 24 North, Range 1 East, and Sections 14, 22, 23, 24, 25, 26, 27, 28, 34, 35 and 36, 5 Redistricting 2022 – Council Districts Township 24 North, Range 1 West, and Sections 1, 2, 11, 12, 13, 14, 15, 22, 23 and 24 Township 23 North, Range 1 West, and Sections 4 and 5, Township 23 North, Range 1 East, Willamette Meridian, situate in Kitsap County, Washington, located within the Bremerton City limits and lying westerly of Ostrich Bay and the following described line: Beginning at the intersection of the northerly property line of the City of Bremerton’s NAD Park, also being the southerly line of the U.S. Navy Jackson Park Housing Complex, and the Government Meander Line; thence westerly along said northerly property line to the centerline extension of Shorewood Drive; thence southerly on said centerline extension and centerline of Shorewood Drive to the centerline intersection of Kitsap Way; thence westerly on the centerline of Kitsap Way to the centerline intersection of State Route 3; thence southeasterly on the centerline of SR-3 to the intersection of Bremerton city limits and the terminus of this line. SECTION 9. The City Clerk shall maintain an Official District Map setting forth Council Districts established by this ordinance as set forth in Exhibit A attached hereto and by reference incorporated herein, which illustrates the areas included in each City Council District by this ordinance. SECTION 10. Pursuant to Section 7 of the Bremerton City Charter, no change in the boundaries of Council Districts as established by this ordinance shall affect the terms of any Council member. Council members shall serve out their terms, as provided in Section 7 of the Bremerton City Charter, representing the district for which they were elected even though such change of district boundaries may result in more than one Council member residing in the same district. SECTION 11. Corrections. The City Clerk and codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener, clerical, typographical, and spelling errors, references, ordinance numbering, section/subsection numbers and any references thereto. SECTION 12. Severability. If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. SECTION 13. Effective Date.This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. PASSED by the City Council the___________ day of ____________________, 20___. _________________________________ 6 Redistricting 2022 – Council Districts MICHAEL GOODNOW, Council President Approved this ________ day of ________________________, 20___. _________________________________ GREG WHEELER, Mayor ATTEST: APPROVED AS TO FORM: ___________________________________________________________________ ANGELA HOOVER, City Clerk KYLIE J. FINNELL, City Attorney PUBLISHED the ________ day of ______________________, 20__. EFFECTIVE the ________ day of ______________________, 20__. ORDINANCE NO. ________. 7 Redistricting 2022 – Council Districts CURRENT COUNCIL DISTRICT MAPS AGENDA BILL CITY OF BREMERTON 5B CITY COUNCIL SUBJECT: Presentation on Study Session Date: May 25, 2022 a Proposed Ordinance to amend Chapter COUNCIL MEETING Date: June 1, 2022 6.32 of the Bremerton Municipal Code Department: Legal Presenter: Kylie Finnell Mychael Raya Phone: (360) 473-2345 SUMMARY: The City is seeking to amend Chapter 6.32 of the Bremerton Municipal Code entitled psychological effects of excessive noise and to protect, promote and preserve the public health, safety and welfare. It is the express intent of the City Council to control the level of noise in a manner which promotes commerce; the use, value and enjoyment of property; sleep and repose; and the quality of the environment. Recognizing these risks and within the limits established by the First Amendment, recommend Chapter 6.32 be amended to address the problem of noise pollution. (Action is not proposed until June 15, 2022) ATTACHMENTS: 1) Proposed Ordinance FISCAL IMPACTS (Include Budgeted Amount): None. STUDY SESSION AGENDA: Limited Presentation Full Presentation STUDY SESSION ACTION: Consent Agenda General Business Public Hearing RECOMMENDED MOTION: June 1 To continue Council discussion; and receive comment () June 15 Move to pass Ordinance No. ______ amending Chapter 6.32 of the Bremerton Municipal Code COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 ORDINANCE NO. ________ AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Chapter 6.32 of the WHEREAS, the City Council desires to amend and update Chapter 6.32 of the Bremerton Municipal Code, relating to noise levels; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 6.32 of the Bremerton Municipal Code entitled "Noise Levels" is hereby amended to read as follows: Chapter 6.32 NOISE LEVELS 6.32.010 POLICY AND APPLICATION. (a) It is the policy of the City to minimize the exposure of citizens to the physiological and psychological effects of excessive noise and to protect, promote and preserve the public health, safety and welfare. It is the express intent of the City Council to control the level of noise in a manner which promotes commerce; the use, value and enjoyment of property; sleep and repose; and the quality of the environment. (b) The following environments have been identified and approaches adopted: (1) Use of property. The different zoning districts of the City establish lawful uses which can be anticipated to produce noise at certain reasonable levels associated with these uses. The provisions of BMC 6.32.030 utilize thresholds consistent with those set forth in and Chapter 173- and recognizing that decibel intervals are increased exponentially with each ten MHz of noise generation. The use of property is better suited to the use of noise measuring devices because use is consistent and can be measured at the property line from the property of the complainant. Intermittent noises and noise generated for the purpose of annoyance is more sporadic in nature and requires a different approach. The provisions of BMC 6.32.050 entitled are aimed at those situations which are difficult or impossible to address through measurement pursuant to BMC 6.32.030 Sound Maximum Permissible Levels. In administering and enforcing the provisions of this chapter, the City desires to coordinate the application of these two approaches. The content of the speech shall not be considered against any person in determining a violation of this Chapter. (2) Similarly, public uses of the rights-of-way, such as parades, and First Amendment speech such as a lawful demonstration should be differentiated from pure commercial speech. Pure commercial speech has been defined by the US Supreme Court as protected is susceptible of regulation provided that the City address the legitimate public concern of noise pollution in a thoughtful and targeted manner. Page 1 of 10 Chapter 6.32 Noise Levels (2) Finally, the City recognizes that the use of bells, chimes and carillons may constitute a call to worship and accordingly such a use is protected as religious speech under the First Amendment. In addition, the historic use of a carillon by the City of Bremerton is an established historical use appropriate within the zone in which it is located. These noises are appropriate when limited by reasonable time, place and manner restrictions. (c) The provisions of this chapter shall be administered and enforced by the Administrator defined in BMC 6.32.020(a) below. 6.32.010020 DEFINITIONS. All technical terminology used in this chapter not defined herein shall be interpreted in conformance with American National Standards Institute Specifications, Sections 1.1-1960 and 1.4-1971. For purposes of this chapter, the words and phrases used herein shall have the meaning indicated below: (a) "Administrator" means the Chief of Police or the Director of the Department of Community Development, Mayor of the City of Bremerton, or his or her designee as applicable, or his or her designee. (b) "db(A)" means a sound level, measured in decibels, using the A frequency- weighting network of a sound-level meter. (c) (cd) "District" means the land use zones to which the provisions of this chapter apply. For the purposes of this chapter, the following noise control districts shall be established, which include land use zones designated in the Bremerton zoning and subarea plan ordinances, as follows: Noise Land Use Zones (pursuant to Control BMC Title 20 and Subarea District Plans) District I R-10, R-10M18, R-2040, East Park Subarea Plan (SAP) District II NB, BC, DCC, DW, DC, EC, INST, GC, Bay Vista SAP, Downtown SAP, Gorst SAP, Eastside Village SAP District III I, CUL, WS, FC, PSIC SAP (de) "Emergency work" means: (1) Work made necessary to restore property to a safe condition following a public emergency consistent with BMC Chapter 2.26. calamity; (2) Work required to protect persons or property from imminent exposure to danger; or (3) Work by private or public utilities for providing or restoring immediately necessary utility service. (f) the Administrator or a city, county or state law enforcement officer, City code enforcement officer or other official designated or authorized by the Administrator to enforce the provisions of this chapter. Page 2 of 10 Chapter 6.32 Noise Levels (g) sound level is less than one (1) second and short compared to the occurrence rate; the onset is abrupt; the decay rapid; and the peak value exceeds the ambient level by more than ten (10) dB(A). (h) given time period that conveys the same sound energy as the actual time-varying A-weighted sound. The applicable time period for the Leq must be specified. (i) by using a sound level meter s (ej) "Motorcycle" means any motor vehicle having a saddle for the use of the rider and designed to travel on not more than three (3) wheels in contact with the ground, except farm tractors and such vehicles powered by an engine of less than five (5) horsepower. (fk) "Motor vehicle" means any vehicle which is self-propelled, used primarily for transporting persons or property upon public highways, and required to be licensed under RCW 46.16.010 or a motorized transportation device as defined in BMC 10.13.010. (Aircraft, watercraft, and vehicles used on rails or tracks are not motor vehicles as that term is used herein.) (gl) "Noise" means the intensity, duration and character of sounds from any and all sources. chapter. (hm) "Person" means any natural person,individual firm, association, partnership, corporation or any other entity, public or private. (i) "Police officer" means a duly appointed city, county or State law enforcement officer. (jn) "Property boundary" means the survey line at ground surface which separates real property owned, rented or leased by one or more other persons and its vertical extension. (ko) "Receiving property" means real property within which sound originating from sources outside the property is received. (p audible to the human ear. purposes of this chapter. (lq) "Sound level" means a weighted sound pressure level obtained by the use of a sound level meter and weighted as specified in American National Standards Institute Specifications (ANSI), Section 1.4-19711983, as it now exists or is hereafter amended.. (mr) "Sound level meter" means a sound-level measuring device, either Type I or Type II, as defined by American National Standards Institute Specifications, Section 1.4-19711983, as it now exists or as hereafter amended.. (ns) "Weekend" means Saturday and Sunday or any legal holiday. 6.32.040030 ENVIRONMENTAL SOUND MAXIMUM PERMISSIBLE LEVELS. (a) It is unlawful for any person to cause or permit noise from any source located within the City of Bremerton to intrude into the property of another which exceeds the maximum or permissible exterior noise level limits set forth below: Page 3 of 10 Chapter 6.32 Noise Levels TABLE I Exterior noise level limits District of District Receiving Property Sound Within the City of Bremerton Source I II III I 55 dB(A) 57 dB(A) 60 dB(A) II 57 dB(A) 60 dB(A) 65 dB(A) III 60 dB(A) 65 dB(A) 70 dB(A) (b) The exterior noise level limits are based on the Leq, as defined in BMC 6.32.020, during the measurement interval, using a minimum interval of one (1) minute for a constant sound source, or a one-hour measurement for a non-continuous sound source. The standard of measurement shall be a one hour Leq. Leq may be measured for times not less than one (1) minute to project an hourly Leq. (1) During a measurement interval, Lmax, as defined in BMC 6.32.020, may exceed the exterior sound level limits shown in Table I by no more than 15 dB(A). (2) For any source of sound that is impulsive, as defined in BMC 6.32.020, and not measured with an impulse sound level meter, the exterior sound level limits established by Table I are reduced by 5 dB(A). (bc) Between the hours of 10:00 p.m. and 7:00 a.m. the noise limitations of the foregoing table shall be reduced by ten (10) dBA for receiving property within District I and District II. (cd) At any hour of the day or night the applicable noise limitations in (a) and (bc) above may not be exceeded for any receiving property. by no more than: (1) Five (5) dBA for a total of fifteen (15) minutes in any one (1) hour period; or (2) Ten (10) dBA for a total of five (5) minutes in any one (1) hour period; or (3) Fifteen (15) dBA for a total of one and one-half (1.5) minutes in any one (1) hour period. (de) Exemptions. (1) The following shall be exempt from the provisions of subsections (a) and (bc) between the hours of 7:00 a.m. and 10:00 p.m.: i. Sounds originating from residential property relating to temporary projects for the maintenance or repair of homes, grounds and appurtenances. ii. Sounds created by the discharge of firearms on authorized shooting ranges. iii. Sounds created by blasting conducted in compliance with WAC 296-52- 64005. iv. Sounds created by aircraft engine testing and maintenance not related to flight operations; provided, that aircraft testing and maintenance shall be conducted at remote sites whenever possible. v. Sounds created by the installation or repair of essential utility services. Page 4 of 10 Chapter 6.32 Noise Levels (2) The following shall be exempt from the provisions of subsection (cb). i. Noise from electrical substations and existing stationary equipment used in the conveyance of water, waste waterwastewater, and natural gas by a utility. ii. Noise from existing industrial installations which exceed the standards contained in these regulations but which comply with or are authorized by the State Department of Ecology pursuant to Chapter 70.107 RCW , Chapter 173-58 WAC and Chapter 173-60 WAC Environmental Noise Levels.and which, over the previous three years, have consistently operated in excess of fifteen (15) hours per day as a consequence of process necessity and/or demonstrated routine normal operation. Changes in working hours, which would affect exemptions under this regulation, require approval of the State Department of Ecology. (3) The following shall be exempt from the provisions of subsections (a) and (cb), except insofar as such provisions relate to the reception of noise within District I and District II between the hours of 10:00 p.m. and 7:00 a.m. i. Sounds originating from duly permitted temporary construction sites as a result of construction activity. ii. Sounds originating from forest harvesting and silvicultural activity. (4) The following shall be exempt from all provisions of subsections (a) and (cb): i. Sounds created by motor vehicles when regulated by Chapter 173- 62 WAC. ii. Sounds originating from aircraft in flight and sounds that originate at airports which are directly related to flight operations. iii. Sounds created by surface carriers engaged in interstate commerce by railroad. iv. Sounds created by warning devices not operating continuously for more than five (5) minutes, or bells, chimes, and carillons which do not exceed five (5) minutes in an hour when operated between the hours of 7:00 a.m. and 10:00 p.m. v. Sounds created by safety and protective devices where noise suppression would defeat the intent of the device or is not economically feasible. vi. Sounds created by emergency equipment and work necessary in the interests of law enforcement or for health, safety or welfare of the community. vii. Sounds originating from motor vehicle racing events at existing authorized facilities. viii. Sounds originating from officially sanctioned parades and other public events when duly permitted and conducted within the public right-of-way or on a site designated by the applicable permit. ix. Sounds emitted from petroleum refinery boilers during start-up of said boilers; provided, that the start-up operation is performed during daytime hours whenever possible. x. Sounds created by watercraft. xi. Sound created by the discharge of firearms in the course of hunting. ix. xii. Sounds created by motor vehicles, licensed or unlicensed, when operated off public highways except when such sounds are received in District I and District II. x. Fireworks lawfully discharged within the City pursuant to Chapter 9.48 BMC. Page 5 of 10 Chapter 6.32 Noise Levels xi. Sounds caused by the emergency repair, routine maintenance, or construction of any public facility, utility, or street approved by the City of Bremerton Public Works and Utilities Department. 6.32.050040 MEASUREMENT OF SOUND. (a) If the measurements of sound are made with a sound-level meter, it shall be an instrument in good operating condition meeting the requirements for a Type I or Type II instrument, as delineated in American National Standards Institute Specifications (ANSI), Section 1.4-19711983, as it now exists or is hereafter amended.. If the measurements are made with other instruments, or assemblages of instruments, the procedure must be carried out in such a manner that the overall accuracy shall be at least that called for in Section 1.4-1971 1983 ANSI for Type II instruments. (b) When the location, distance or technique for measurement of sound is impractical or would yield misleading or inaccurate results, measurements shall be taken at other locations or distances utilizing appropriate correction factors, as specified in the rules promulgated by the Administrator. (c) Where a receiving party is partly within one (1) district and partly within another, the maximum permissible noise level at a point within the property boundary shall be that permitted into a receiving property wholly within the lowest intensity district in which the sound is measured. 6.32.060 POSITION OF ADMINISTRATOR ESTABLISHED. (a) Establishment. The position of administrator is hereby established, and shall be the mayor, or his or her designee. The administrator is authorized and directed to administer and enforce the provisions of this chapter. (b) Qualifications of Administrator. The administrator shall be a person having a working knowledge of acoustics and competent in the field of noise control. The administrator shall have completed instructional guidance provided by the State Department of Ecology or other recognized institution to operate Type I and Type II sound-level meters, and make all computations and calculations necessary to enforce this chapter. (c) Duties of Administrator. The duties of the administrator shall include, but are not limited to: (1) Obtaining assistance from other appropriate city departments and officials; (2) Training law enforcement officers and staff; (3) Purchasing measuring instruments and training inspectors in their calibration and use; (4) Establishing a noise-control field procedures manual providing techniques and procedures for measuring or reducing noise to provide for clarification, interpretation and implementation of this chapter; (5) (6) Issuing orders for the reduction or elimination of noise; (7) Assisting citizens and city departments in evaluating and reducing the noise impact of their activities; (8) Assisting city planning officials in evaluating the noise component in planning and zoning actions; (9) Instituting a public education program on noise; and Page 6 of 10 Chapter 6.32 Noise Levels (10) Reviewing at least every three years the provisions of this chapter and recommending revisions consistent with technology to reduce noise. 6.32.070 VARIANCE PROCEDURE. (a) A person who owns or is in possession of any property or use, or any process or equipment, may make a request for a variance to the Administrative Hearing Examiner for relief from any provision of this chapter governing the quality, nature, duration or extent of discharge or noise. The application shall be accompanied by such information and data as the Hearing Examiner may require. The Hearing Examiner shall enforce rules and regulations governing the application for and granting of variances, including hearing and notices. A variance or its renewal shall not be the right of the applicant or holder thereof, but shall be at the reasonable discretion of the Hearing Examiner. (b) The variance shall not be granted under this section unless the Hearing Examiner has considered the relevant interests of the applicant, other owners of property likely to be affected, and the general public and finds that all the following facts and conditions exist: (1) That there are exceptional or extraordinary circumstances or conditions hereof, that do not apply generally to other properties in the same noise control district; (2) That such variance is necessary for the preservation and enjoyment of a substantial personal or property right of the applicants possessed by the owners of other properties in the same noise control district; (3) That the authorization of such variance does not endanger public health or safety in the same or adjacent noise control districts; (4) That the granting of such variance will not adversely affect the general policy and purposes of this chapter. (c) In authorizing a variance, conditions regarding noise level, duration, type and other considerations deemed necessary to carry out the policy and purpose of this chapter may be imposed. 6.32.090 APPEAL TO SUPERIOR COURT An appeal of the decision of the Hearing Examiner must be filed with the Superior Court within twenty-one (21) calendar days of the issuance of the decision. 6.32.110050 PUBLIC DISTURBANCE NOISES It is hereby unlawful and declared a public nuisance for any person to cause, or for any person in possession of property to allow to originate from the property, noise defined in this section. For prosecution under this section, evidence of sound level through the use of a sound level meter reading shall not be necessary to establish a commission of the offense. Provisions of this section shall be cumulative and not exclusive, and shall not affect any other claim, cause of action or remedy including any prosecution for violation of sections regulating environmental noise. The content of the noise will not be considered in determining a violation. For purposes of this section, any noise or sound emanating from a business or other source on the property shall be presumed to be with knowledge, permission or consent of the owner or legal occupant of the property, which presumption may be rebutted by reasonable evidence to the contrary. The following shall be public disturbance noises: Page 7 of 10 Chapter 6.32 Noise Levels (a) The frequent, repetitive or continuance sound of any horn or siren attached to a motor vehicle, except as a warning of danger or as specifically permitted or required by law. (ba) The creation of frequent, repetitive or continuous noise in connection with the starting, operation, repair, rebuilding or testing of any motor vehicle, motorcycle, off-highway vehicle or internal combustion engine within District I and District II so as to unreasonably disturb or interfere with the peace, comfort and repose of owners or possessors of real property so as to be audible greater than one hundred (100) feet from the source. (cb) The use of a sound amplifier or other device capable of producing or reproducing amplified sound upon public streets for the purpose of commercial advertising or sales or for attracting the attention of the public to any vehicle, structure or property or the contents therein operated at a volume so as to be audible greater than one hundred (100) feet from the source, except as permitted by law, and except that vendors whose sole method of selling is from a moving vehicle shall be exempt from this subsection. (dc) Sound from motor vehicle sound systems, such as tape players, radios, and compact disc players, operated at a volume so as to be audible greater than fiftyone hundred (50100) feet from the vehicle itself. (ed) Operating or playing, or permitting the operating or playing of, any audio equipment, television set, musical instrument, or any sound, music or other noise emanating from any other fixed or portable audio equipment or similar device, operated at a volume so as to be audible greater than one hundred (100) feet from the source.Sound from audio equipment, such as tape players, radios, and compact disc players, operated at a volume so as to be audible greater than fifty (50) feet from the source. (e) Creating loud, raucous, frequent, repetitive, or continuous sounds with the human voice, whether by amplification equipment, such as a microphone, or not, so as to be audible greater than one hundred (100) feet from the source. (f) The creation of any loud noises which emanate frequently, or repetitively or continuously from any building, structure or property which unreasonably disturbs the peace, comfort and repose of others so as to be audible greater than one hundred (100) feet from the source.. (g) Between the hours of 7:00 a.m. and 10:00 p.m. the following noises shall be exempt from the provisions of BMC 6.32.050 and shall not be considered public disturbance noises: (1) Sounds originating from residential property relating to temporary projects for the maintenance or repair of homes, grounds and appurtenances. (2) Sounds created by the discharge of firearms on authorized shooting ranges. (3) Sounds created by the installation or repair of essential utility services. (4) Sounds originating from duly permitted temporary construction sites as a result of construction activity. (5) Sounds originating from forest harvesting and silvicultural activity. (6) Sounds created by bells, chimes, and carillons which do not exceed five (5) minutes in an hour. (h) At all times the following noises shall be exempt from the provisions of BMC 6.32.050 and shall not be considered public disturbance noises: (1) Sounds created by warning devices not operating continuously for more than five (5) minutes. (2) Sounds created by safety and protective devices where noise suppression would defeat the intent of the device or is not economically feasible. Page 8 of 10 Chapter 6.32 Noise Levels (3) Sounds created by emergency equipment and work necessary in the interests of law enforcement or for the health, safety or welfare of the community. (4) Sounds originating from parades and other public events when duly permitted and conducted within the public right-of-way or on a site designated by the applicable permit. (5) Fireworks lawfully discharged within the City pursuant to Chapter 9.48 BMC. (6) Sounds caused by the emergency repair, routine maintenance, or construction of any public facility, utility, or street approved by the City of Bremerton Public Works and Utilities Department. 6.32.115 BELLS, CHIMES OR CARILLONS. The operation of bells, chimes or carillons shall be exempt from the provisions of this chapter. 6.32.120060 VIOLATIONS CIVIL PENALTY, CRIMINAL PENALTY. (a) Civil Infraction. Any person who violates the provisions of this chapter shall be subject to a civil penalty of up to $250.00; provided, that the penalty for a second or subsequent violation within a two-year period shall be a civil penalty of up to $500.00, unless determined to be a habitual violator pursuant to Subsection (b) below.Every offense defined by this chapter or conduct made unlawful hereby shall constitute a civil infraction under the Bremerton Municipal Code; provided, however, A second violation within a twenty-four (24) hour period shall constitute a misdemeanor. (b) Habitual Violators Misdemeanor. Any person, after receiving three (3) or more infractions, singularly or in combination, for prior violations of this chapter within a one hundred and eighty (180) day period found to be committed by the Municipal Court shall be guilty of a misdemeanor pursuant to BMC 1.12.020(2) upon a subsequent violation within said one hundred and eighty (180) day period. A conviction of a misdemeanor under this subsection shall be considered and counted as an infraction for the purpose of determining whether or not a violator is a habitual violator. In addition to any other sanction or injunctive procedure which may be available at law or equity, any person failing to comply with the final order issued by the administrator or a police officer shall be subject to a cumulative civil penalty in an amount not to exceed one hundred dollars ($100.00) per day from the date set for compliance until compliance. The civil penalty shall be collected by legal action brought in the name of the City. (c) For enforcement purposes, each day, defined as a twenty-four (24) hour period beginning at 12:01 a.m. in which violation of this chapter occurs, shall constitute a separate violation. SECTION 2. Corrections. The City Clerk and codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener, clerical, typographical, and spelling errors, references, ordinance numbering, section/subsection numbers and any references thereto. SECTION 3. Severability. If any one or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the Page 9 of 10 Chapter 6.32 Noise Levels validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 4. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. PASSED by the City Council the___________ day of ____________________, 2022. _________________________________ MICHAEL GOODNOW, Council President Approved this ________ day of ________________________, 2022. _________________________________ GREG WHEELER, Mayor ATTEST: APPROVED AS TO FORM: __________________________________ _________________________________ ANGELA HOOVER, City Clerk KYLIE FINNELL, City Attorney PUBLISHED the ________ day of ______________________, 2022. EFFECTIVE the ________ day of ______________________, 2022. ORDINANCE NO. ________. R:\\Legal\\Legal\\Ordinances\\Police\\BMC 6.32 - Noise Levels - City version 16 - 5.19.22 - Final.docx Page 10 of 10 Chapter 6.32 Noise Levels From:Aaron Elton To:City Council Cc:Mychael Raya;Kylie Finnell;Thomas Knuckey Subject:Noise Complaint call times and days Date:Thursday, May 26, 2022 7:09:32 PM In 2020 we received 435 noise complaints. The peak time for noise complaints was between 10PM and 1AM. The most prevalent day of the week for these calls was Saturday. In 2021 we received 424 noise complaints. The peak time for noise complaints was between 10PM and 1AM. The most prevalent days of the week for these calls was Saturday, Sunday then Friday. (the number of calls only separated by 10 to 15 from day to day) So far in 2022 we have received over 67 noise complaints. The peak time for noise complaints was between 11PM and 1AM. The most prevalent day of the week for these calls was Saturday and Sunday (again the difference was 10 to 15 calls). Thank You, Lt. Aaron Elton From: Stephanie Olson <Stephanie.Olson@ci.bremerton.wa.us> Sent: Thursday, May 26, 2022 10:42 AM To: City Council <City.Council@ci.bremerton.wa.us> Cc: Mychael Raya <Mychael.Raya@ci.bremerton.wa.us>; Kylie Finnell <Kylie.Finnell@ci.bremerton.wa.us> Subject: FW: Noise Ordinance - BMC 6.32 Good morning, I am forwarding the following comments received via email from Mr. Gustavson on to City Council per his request. Sincerely, Stephanie Olson Legal Assistant (360) 473-2345 stephanie.olson@ci.bremerton.wa.us From: Michael Gustavson <michaelgustavson@mac.com> Sent: Thursday, May 26, 2022 10:07 AM To: Stephanie Olson <Stephanie.Olson@ci.bremerton.wa.us> Subject: Re: Noise Ordinance - BMC 6.32 CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Thank you, Stephanie. sound measuring equipment, training or staff should they acquire the equipment. Therefore, there dB measurements become irrelevant and should be stricken. What an easy defense to avoid prosecution or eviction. The 109 foot distance is arbitrary and inconsistent with other jurisdictions. The issues of commercial establishment generated noise and residential generated noise should be addressed separately, since the city appears to be interested in giving more flexibility to commercially generated noise. The ordinance still fails to address the issue of the obnoxious tenant, disturbing their neighbors. As a landlord, I need to be able to correct residential tend to abusive noise without being overturned by are now entitled. Thank you for your kind assistance. Would you be kind enough to forward my concerns to the city council open forum now scheduled for June 1? Michael Gistavson CƩƚƒʹ Michael Gustavson <michaelgustavson@mac.com> {ĻƓƷʹ Wednesday, May 25, 2022 1:59 PM ƚʹ City Council <City.Council@ci.bremerton.wa.us> {ǒĬƆĻĭƷʹ City Ordinance Chapter 6.32,"Noise Levels," suggested modifications Dear Sirs/Madams, As a landlord in the City of Bremerton for over 40 years, I have encountered my share of obnoxious, noisy tenants that make life untenable for their neighbors. and effective, I recommend the following two changes: or within Late night harassment of the tenant renting in the rental unit below is a current and often revisited problem. Your 50 foot away measurement would not solve the problem of adjacent units. Paragraph "6.32.120 Violations" infers only the City would have standing to sue under this ordinance, precluding the landlord. It would be helpful if paragraph (d) is added, such as: (d). "Landlor Just the issuance of notice often mitigates the noise problem. This change would allow the landlord to become the plaintiff and avoids the requirement for the City to act or intervene when presenting interior noise level complaints to a Superior Court judge. Cell phone noise level app recordings would likely satisfy the requirements of paragraph (f) of loud noises disturbing the peace of others. Respectfully submitted, Michael Gustavson michaelgustavson@mac.com From:City Council To:City Council Cc:Kylie Finnell Subject:FW: Initiative Petition - Noise Ordinance (Bill Broughton) Date:Tuesday, May 31, 2022 9:54:33 PM i Attn: Council Members (FYI) From: Kylie Finnell Kylie.Finnell@ci.bremerton.wa.us Sent: Tuesday, May 31, 2022 7:39 PM To: City Council City.Council@ci.bremerton.wa.us Subject: Fwd: initiative petition I received this comment from Bill Broughton. Mr. Broughton is my former law partner and counsel for Brother Don’s. Sent from my iPhone Begin forwarded message: From: Kylie Finnell <kylie@kitsaplawgroup.com> Date: May 31, 2022 at 7:33:03 PM PDT To: Kylie Finnell <Kylie.Finnell@ci.bremerton.wa.us> Subject: Fwd: initiative petition CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. From: Bill Broughton <bill@kitsaplawgroup.com> Sent: Tuesday, May 31, 2022 5:28:47 PM To: Kylie Finnell <kylie@kitsaplawgroup.com> Subject: initiative petition Greetings This petition received over 1000 signatures. I agree music could be unqualified toinclude electronic or DJ performances. Bill STATEMENT OF ACTION SOUGHT. Shall Section 6.32.110 of the Bremerton Municipal Code entitled “Public Disturbance Noises” as enacted by Bremerton Ordinance No. 4226 Section 9 (1989) and as amended by OrdinanceNo. 4780 (2001) and Ordinance No. 4851 Section 1 (2003), be amended to addthe following new subsection: “The noise from performance of live music emanating from any non-residential zone or noise from a permitted or sanctioned live music concert orevent shall not be a public disturbance noise as defined in this section and shallnot be subject to the provisions of this chapter.” We petition the Council to enact said measure as an ordinance; and if not enactedwithin twenty (20) days from the time of receipt of the County Auditor’scertificate of sufficiency by the City Council, then to be submitted to the qualifiedelectors of the City of Bremerton for approval or rejection at the next regularelection or at a special election in accordance with the Bremerton City Charter;and each of us for himself or herself says: I have personally signed this petition; Iam a registered voter of the City of Bremerton, State of Washington, and myresidence address is correctly stated. Best regards, William H. Broughton 3212 NW Byron St. Suite 101 Silverdale, WA 98383 P: 360.692.4888 F:360.692.4987 ANNA MOCKLER COUNCIL DISTRICT 6