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Home My WebLink About12/07/2022 CITY COUNCIL AGENDA PACKET______________________________________________________________ CITY COUNCIL 345 6th Street, Suite 100, Bremerton, WA 98337 - Phone (360) 473-5280 WEDNESDAY, DECEMBER 7, 2022 CITY COUNCIL HYBRID MEETING AGENDA Council Members and staff will be participating in the meeting in-person, and the public is invited to attend. Or beginning at 5:30 PM, the public may participate remotely 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 public are invited to join the Zoom Meeting by clicking on the link below: https://us02web.zoom.us/j/82352007164?pwd=eE9SME16OW1TRndUOVNiQkpFWWwyQT09  Or One tap mobile: US: +12532050468,,82352007164#,,,,*173061# or +12532158782,,82352007164#,,,,*173061#  Or Telephone: Dial (for higher quality, dial a number based on your current location): US: +1 253 205 0468 or +1 253 215 8782 or +1 346 248 7799 or +1 669 444 9171 Webinar ID: 823 5200 7164 Passcode: 173061 Public questions or comments may be submitted ahead of time to City.Council@ci.bremerton.wa.us 1. BRIEFING: 5:00 – 5:30 P.M. in COUNCIL CONFERENCE ROOM 603 A. Review of Agenda B. General Council Business 2. CALL TO ORDER: 5:30 P.M. in FIRST FLOOR CHAMBERS 3. MAYOR'S REPORT 4. CONSENT AGENDA A. Claims & Check Register B. Minutes of Meeting – November 16, 2022 5. PUBLIC RECOGNITION – This is an opportunity for attendees to address the Council on any City-related item that is not already listed on the Agenda. Please line up at the podium or raise your Zoom hand if viewing remotely and wait to be recognized by the Council President. Then, state your name for the record, and limit your comments to under 3-minutes… 6. GENERAL BUSINESS A. Goods & Services Agreement for Purchase of Sodium Hypochlorite from HASA, Inc. B. First Amendment to the Park Use Agreement for Kiwanis Park with Corporation of Catholic Archbishop of Seattle dba as Our Lady Star of the Sea 7. PUBLIC HEARING A. Public Hearing (1st of 2) on Property Use Agreement with Active Construction, Inc. for Pine Road Stormwater Basin Improvement Project 8. COUNCIL MEMBER REPORTS 9. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING Americans with Disabilities Act (ADA) accommodations provided upon request. Those requiring special accommodations please contact the City Clerk at (360) 473-5323 at least 24 hours prior to the meeting. MAYOR’S REPORT December 7, 2022 Photo courtesy of Port of Bremerton West Kitsap Way Planning Study •The City is seeking to learn residents needs and priorities for the future of Kitsap Way. •West Kitsap Way Planning Study is now underway and will determine future design of the 1.5-mile segment of Kitsap Way between SR 3 and Chico Way NW. •Study will examine existing and future transportation needs, identify potential solutions, and create a preliminary design for future construction •Residents are encouraged to share their comments! Visit the online open house through December 30, 2022 to provide feedback at http://www.westkitsapwaystudy.infocommunity.org/. More project info at https://www.bremertonwa.gov/1262/West-Kitsap-Way -Planning- Study. Energy Summit New City of Bremerton Funding New Emergency Room Coming to Bremerton! AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: N/A Claims & Check Register COUNCIL MEETING Date: December 7, 2022 Department: Legal Services Presenter: Angela Hoover Phone: (360) 473-5323 SUMMARY: Approval of the following checks and electronic fund transfers: 1. Check Numbers 400720-401041 and Electronic Fund Transfers V36368-V36463 in the grand total amount of $3,410,857.77 2. Regular Payroll for pay period ending November 15, 2022 in the amount of $1,023,841.60 3. Regular Payroll payouts for pay period ending November 15, 2022 in the amount of $2,773.03 4. Regular Payroll for pay period ending November 30, 2022 in the amount of $1,041,816.94 5. Retiree Payroll for pay period ending November 30, 2022 in the amount of $45,691.85 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 4A AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Minutes of Meeting – November 16, 2022 Study Session Date: N/A COUNCIL MEETING Date: December 7, 2022 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: The Minutes of Meeting held on November 16, 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 November 16, 2022 Meeting Minutes as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/3/17 4B 2 DIGITAL RECORDING CITY COUNCIL HYBRID MEETING MINUTES Wednesday, November 16, 2022 The weekly meeting of the City Council of the City of Bremerton was called to order Wednesday, November 16, 2022, at 5:00 PM in Council Conference Room 603 of the NORM DICKS GOVERNMENT CENTER, 345 6th Street, Bremerton, Washington, with Council President Michael Goodnow presiding. Council Members present were Eric Younger, Quinn Dennehy, Jeff Coughlin, Denise Frey, and Jennifer Chamberlin. At 5:30 PM, the meeting moved to the First Floor Meeting Chambers, when Council Member Anna Mockler joined the meeting remotely via Zoom. Also present were City Attorney Kylie Finnell; City Clerk Angela Hoover; Legislative Office Manager Lori Smith; Financial Services Director Mike Riley; and IT Manager Dave Sorensen. President Goodnow announced the City Council is conducting the Council Meeting in-person with an option for the public to join in person, participate via Zoom, or view on BKAT, because community involvement is encouraged. MAYOR’S REPORT – Mayor Wheeler reported on the following…  A “Broadband and Comcast Cable Renewal Needs Assessment Plan” virtual Open House would be held on December 5 from 6:00 to 8:00 PM;  A $1.5 million grant was received for a stewardship program to remove two 100-year old dams from Anderson Creek to improve fish habitat; and  Highlights of the Sidewalk Trip Hazard Repair Program were provided. CONSENT AGENDA 4A – Claims & Check Register: Check Numbers 400545 through 400719 and Electronic Fund Transfers V36260 through V36367 in the grand total amount of $2,996,225.25; Regular Payroll for pay period ending October 31, 2022 in the amount of $1,053,124.04; Regular Payroll for a voided and reissued payment for pay period ending October 31, 2022 in the amount of $2,575.04; and Regular Payroll payouts for pay period ending October 31, 2022 in the amount of $4,949.32 4B – Minutes of Meeting – November 2, 2022 4C – Minutes of Study Session – November 9, 2022 4D – Professional Services Agreement with Parametrix, Inc. for Stormwater Management Planning Assistance 4E – Interlocal Agreement for Special Weapons and Tactics (SWAT) Team 4F – Community Project Funding Grant Agreement with US Housing & Urban Development (HUD) for the Quincy Square Project 4G – Confirm Appointment of Gregory Dawson to the Bremerton Parks & Recreation Commission 4H – 2023 Local & Community Projects Program Grant Agreement with the WA State Department of Commerce for the Kiwanis Park Playground Accessibility Upgrade Project 4I – Interlocal Agreement with the Kitsap County Prosecuting Attorney for Prosecution Services 4J – Reclass Vacant Prosecution “.5 Rule 9 Position” to a “.5 Clerical Support Position” 4K – Interlocal Cooperation Agreement with Kitsap County for Transfer of Rocky Point Water District Funds There were no questions or comments from the public… City Council Reg. Mtg. Minutes Wednesday, November 16, 2022 Page 2 of 4 5:37 PM M/S/C/U (Dennehy/Chamberlin) Move to approve the CONSENT AGENDA as presented. PUBLIC RECOGNITION – Comments from the public were submitted by Jane Rebelowski… PUBLIC HEARING 6A – FINAL PUBLIC HEARING ON ORDINANCE NO. 5464 APPROVING FY-2023 CITY OF BREMERTON BUDGET: Budget Analyst Karen Wikle stated the purpose of tonight’s public hearing is to accept comments on the 2023 Proposed Budget. An overview of the Mayor’s proposed budget was presented as follows:  October 19 the 2023 Proposed Annual Budget was posted to the City’s Website  October 24 Budget Workshop  October 25 Budget Workshop  October 27 Budget Workshop In addition to receiving written comments throughout the process, Public Comments were also accepted during the November 2 Public Hearing. This is the second of two public hearings on the budget. Public Comments will be taken into consideration before Council adopts a final ordinance. The attached ordinance represents the final proposed 2023 Fiscal Budget. If adopted, this ordinance would become effective January 1, 2023. Financial Services Director Mike Riley was also available to provide input and answer questions. President Goodnow explained the purpose of this Public Hearing is to accept public comment; followed by Council action… Questions and comments from the public were received by President of the Firefighters Union Craig Patti; Joan Rebelowski; Janell Hulst; and Marwan Cameron… With no further questions or comments by the public, President Goodnow closed the hearing to the public, and opened discussion to the Council… 6:00 PM Motion was made by Dennehy; and seconded by Coughlin… Comments were received by Dennehy, Coughlin, Frey, Chamberlin, Mockler, and Goodnow… 6:08 PM M/S/C/U (Coughlin/Chamberlin) Move to pass Ordinance No. 5464 to approve and adopt the City of Bremerton Budget for Fiscal Year 2023; and appropriating the amounts set forth in each fund in accordance with RCW 35.33.075. Council President Goodnow passed the gavel to Vice President Chamberlin to chair the meeting during Item 7A, and then he and Council Member Coughlin recused themselves… GENERAL BUSINESS 7A – FIFTH ADDENDUM TO THE OPERATING AGREEMENT WITH THE ADMIRAL THEATRE FOUNDATION FOR OPERATION OF THE ADMIRAL THEATRE: The City has a current Operating Agreement with the Admiral Theatre Foundation to operate City owned theater. The operating agreement expires September 27, 2040, with an annual amount paid to the foundation from revenues received from the lodging tax in the amount of $90,000 per year. In 2018, the Council approval the Fourth Addendum to the agreement extending the increase in funding to $150,000 per year through year 2022. This Fifth amendment would further extend this funding increase and without this amendment the funding agreement will revert back to a funding amount of $90,000 annually through expiration of the agreement. The Admiral Theatre Foundation submitted an application to the Lodging Tax Advisory Committee to extend the additional funds. City Council Reg. Mtg. Minutes Wednesday, November 16, 2022 Page 3 of 4 LTAC recommended an extension of the additional $60,000 be allocated to the Admiral Theatre Foundation annually through 2027 for a total of $150,000 per year. City Council will consider the recommendation for approval at the November 16th, 2022 Council meeting. The extension of the $150,000 was included in the proposed 2023 Budget pending City Council adoption. Comments from the public were received by Vice President of the Admiral Theatre Foundation Debra Keene Bergeron, who noted other Board of Director Members in attendance were Liz Gross, Will Maupin, Joanne Haselwood, Nate Murphy, and Carl Cramer… 6:13 PM Motion was made by Frey, and seconded by Dennehy… Comments were made by Frey, Dennehy, and Chamberlin… 6:15 PM M/S/C/U (Frey/Dennehy) Move to approve the Fifth Addendum to the Operating Agreement with Admiral Theatre Foundation extending the annual compensation of $150,000 through 2027; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. Voted in Favor of Motion: Frey, Dennehy, Mockler, Younger, and Chamberlin Abstentions: Coughlin and Goodnow Motion carried; 5-Yes; 2-Abstentions Council President Goodnow and Council Member Coughlin returned to the meeting… President Goodnow received the gavel and chaired the remainder of the meeting… 7B – RESOLUTION NO. 3355 IN SUPPORT OF CHANGES TO THE WASHINGTON STATE FERRIES RESTORATION PLAN: Council Member Jeff Coughlin emphasized that there has been ongoing concern about the lack of reliability for ferry service. Through the proposed Resolution, the City Council is now urging Washington State Ferries, the Washington Department of Transportation, and Governor Inslee to enact changes to the WSF Restoration Plan that would increase Bremerton-Seattle route reliability, provide funding to Kitsap Fast Ferries to increase Bremerton service and offset extra expenses incurred by riders, and improve citizen communication. Input and support have also been provided by the Bremerton Ferry Coalition. Comments from the public were received by Christi Lyson… 6:20 PM Motion was made by Chamberlin, and seconded by Dennehy… Comments were provided by Chamberlin, Dennehy, Younger, Chamberlin, Mockler, and Goodnow; with comments added by Mayor Wheeler… 6:29 PM M/S/C/U (Chamberlin/Dennehy) Move to approve Resolution No. 3355 as presented. COUNCIL MEMBER REPORTS Eric Younger wished everyone a happy Thanksgiving. Anna Mockler announced that she would host a District 6 Town Hall Meeting on Monday, December 12 from 4:00 to 6:00 PM at the Family Pancake House on Kitsap Way; and that her meetings will continue to be held monthly on every 2nd Monday. Quinn Dennehy also wished everyone a happy Thanksgiving. Jeff Coughlin appreciated support for the WSF Resolution; reminded the community of the 23rd Annual Winter Fest on December 2 & 3, including Krampusnacht on Friday, December 2 in Downtown Bremerton; and Magic in Manette on December 3 beginning at 5:30 PM. City Council Reg. Mtg. Minutes Wednesday, November 16, 2022 Page 4 of 4 Denise Frey enjoyed hearing from City of Bremerton Planning Manager Garrett Jackson as one of the guest speakers presenting the Comprehensive Plan at the Greater Kitsap Chambers of Commerce Luncheon. Jennifer Chamberlin was pleased the budget was passed; encouraged everyone to get outside and enjoy our area and parks while the sun is out, and expressed gratitude and encouraged others to as well. President Goodnow agreed that there is a lot to be grateful for; reiterated that there will be no Council Meetings for the next 2 weeks due to Council’s regular meeting schedule. And that Council Members will be meeting in-person for the next Council Meeting on Wednesday, December 7 beginning at 5:30 PM in the First Floor Meeting Chambers of the Norm Dicks Government Center. With no further business, President Goodnow adjourned the Council Meeting at 6:43 PM. Prepared and Submitted by: ______________________________ LORI SMITH Legislative Office Manager APPROVED by the City Council on the December 7th day of November, 2022. ________________________________________ MICHAEL GOODNOW , City Council President Attest: ________________________________________ ANGELA HOOVER, City Clerk MG:AH:ls:cg AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Goods & Services Agreement Study Session Date: N/A for Purchase of Sodium Hypochlorite from HASA, Inc. COUNCIL MEETING Date: December 7, 2022 Department: PW&U/WWTP Presenter: Eric Burris Phone: (360) 473-5448 SUMMARY: A request for Sodium Hypochlorite bids was submitted to four chemical suppliers in our area; this product is used for both our odor control systems and our post treatment chlorination system. Two bids were received, and HASA, Inc. of Longview, WA submitted the low bid for $2.16/gallon including sales tax, delivered. The bid included a $150 split-load fee when a delivery is made to one of our Odor Control Stations, with the the rest of the delivery to the Westside WWTP. The pricing will be firm for three years. ATTACHMENTS: 1) Goods and Services Agreement with HASA, Inc. 2) Bid Summary for Sodium hypochlorite bids from HASA, Inc., and Cascade Columbia Distribution Co. FISCAL IMPACTS (Include Budgeted Amount): Annual cost is estimated a $277,149.24 and budgeted in Fund 451. The three-year total is not to exceed $831,447.72. STUDY SESSION AGENDA: ☐ Limited Presentation ☐ Full Presentation ☒ N/A COUNCIL MEETING ACTION: ☐ Consent Agenda ☒ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the purchase of bulk Low-Salt 12.5% Sodium Hypochlorite for a period of three (3) years from HASA, Inc. at a cost of $2.16/gallon delivered; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/09/2021 6A Page 1 of 8 Goods and Services Agreement – HASA , Inc. Rev. 09/2021 GOODS AND SERVICES AGREEMENT THIS AGREEMENT, is entered into between the City of Bremerton, a Washington Municipal Corporation ("City"), and HASA, Inc. ("Vendor"), whose mailing address is: 3401 Industrial Way, Longview, WA 98632 The parties agree as follows: I. VENDOR SERVICES. The Vendor shall provide the following goods and materials and/or perform the following services for the City delivery and supply Multi-chlor. 12.5% Sodium Hypochlorite, low salt, per terms and conditions in Exhibit A. All orders from the City shall be in writing and confirmed by the vendor in writing. II. TIME OF COMPLETION. Vendor shall complete the work and provide all goods, materials and services within 1,095 calendar days or 3 years from the date all parties have signed this Agreement. III. COMPENSATION. The City shall pay the Vendor the total amount of $2.16/Gallon delivered, and such amount shall include applicable taxes, for the goods, materials and services contemplated in this Agreement, with an annual not to exceed amount of $277,149.24 with a three- year total of $831,447.72. The per gallon pricing shall be reviewed by Vendor quarterly for best contract pricing for a period of three (3) years, provided that the vendor margin does not change. If after quarterly review by Vendor the per gallon pricing of the goods and materials decreases, the total amount paid by City shall also decrease to reflect the lesser amount. At no time for the duration of this Agreement shall the amount City pays to Vendor exceed $2.16/Gallon including tax. The City shall pay the Vendor the following amounts according to the following schedule: upon delivery, with confirmation of delivery and net 30 days from invoicing of ordered supplies. A. Defective or Unauthorized Work. The City reserves its right to withhold payment from Vendor for any defective or unauthorized goods, materials or services. If Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services on its own or from a third party, and Vendor 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 Agreement price specified above. The City further reserves its right to deduct the cost to complete this Agreement , including any Additional Costs, from any and all amounts due or to become due the Vendor. IV. INDEPENDENT CONTRACTOR. Vendor is and shall be at all times acting as an independent contractor and not as an employee of the City. The Vendor shall secure at its expense, and shall be responsible for all payments of income tax, social security, state disability insurance compensation, unemployment compensation, and all other payroll deductions for the Vendor, officer, agents, employees and subcontractors. The Vendor shall also secure all applicable business licenses, if required, in connection with the contract services, including all required licenses for Vendor's officers, agents, employees and subcontractors. Page 2 of 8 Goods and Services Agreement – HASA , Inc. Rev. 09/2021 V. TERMINATION. The City may terminate this Agreement for good cause. "Good cause" shall include, without limitation, any one or more of the following events: A. The Vendor's refusal or failure to supply a sufficient number of properly skilled workers or proper materials for completion of this Agreement. B. The Vendor's failure to complete this Agreement within the time specified in this Agreement. C. The Vendor's failure to make full and prompt payment to subcontractors or for material or labor. D. The Vendor's failure to comply with federal, state or local laws, rules or regulations. E. The Vendor's filing for bankruptcy or becoming adjudged bankrupt. If the City terminates this Agreement for good cause, the Vendor shall not receive any further monies due under this Agreement until the goods, materials, and services required by this Agreement are completed and fully performed by the City or a third party of the City’s choosing. VI. CHANGES. The City may issue a written change order for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that a change order is necessary, Vendor must submit a written change order request to an authorized agent of the City within fourteen (14) calendar days of th e date Vendor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor'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 Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the change order work upon receiving either a written change order from the City or an oral order from the City before actually receiving the written change order. If the Vendor fails to require a change order within the time allowed, the Vendor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment the Vendor must complete the change order work; however, the Vendor may elect to protest the adjustment as provided below: A. Procedure and Protest by the Vendor. If the Vendor disagrees with anything required by a change order, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor shall: 1. Immediately give a signed written notice of protest to the City; 2. Supplement the written protest within fourteen (14) calendar days with a written statement that provides the following information: a. The date of the Vendor's protest. b. The nature and circumstances that caused the protest. Page 3 of 8 Goods and Services Agreement – HASA , Inc. Rev. 09/2021 c. The provisions in this Agreement that support the protest. d. The estimated dollar cost, if any, of the protested work and how that estimate was determined. e. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. 3. The Vendor shall keep complete records of extra costs and time incurred as a result of the protested work. The City shall have access t o any of the Vendor's records needed for evaluating the protest. The City will evaluate all protests, provided the procedures in this section are followed. If the City determines that a protest is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. B. Vendor's Duty to Complete Protested Work. In spite of any protest, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. C. Vendor's Acceptance of Changes. The Vendor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). VII. CLAIMS. The Vendor shall give written notice to the City of all claims other than change orders within fourteen (14) calendar days of the occurrence of the events giving rise to the claims. Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement; or, if (and only if) no such provision is applicable, unless that claim is set forth in detail in writing and received by the City within seven (7) calendar days from the date Vendor knew, or should have known, of the facts giving rise to the claim. At a minimum, a Vendor's written claim must include the information set forth regarding protests in Section VI(A)(2)(a)-(e). FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS Page 4 of 8 Goods and Services Agreement – HASA , Inc. Rev. 09/2021 ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. Vendor must, in any event, file any claim or bring any suit arising from or connected with this Agreement within 120 calendar days from the date the contract work is complete. VIII. WARRANTY. The Vendor shall correct all defects in workmanship and materials within one year from the date of the City's acceptance of the contract work. When defects are corrected, the warranty for that portion of the work shall extend for one year from the date such correction is completed and accepted by the City. The Vendor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. IX. INDEMNIFICATION. Vendor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the performance of this Agreement. Vendor’s obligation to indemnify shall not extend to that portion of damages caused by the City’s sole negligence. The City's inspection or acceptance of any of Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Vendor and the City, its officers, officials, employees, agents and volunteers, the Vendor's liability hereunder shall be only to the extent of the Vendor's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS INDEMNIFICATION CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. X. INSURANCE. The Vendor shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons or damage to property that may arise from or in connection with the performance of the contract work by the Vendor, its agents, representatives, employees or subcontractors. Before beginning work on the project described in this Agreement, the Vendor shall provide a Certificate of Insurance evidencing: A. Automobile Liability insurance with limits no less than $1,000,000 combined Page 5 of 8 Goods and Services Agreement – HASA , Inc. Rev. 09/2021 single limit per accident for bodily injury and property damage; and B. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and $2,000,000 aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; and employer's liability. C. Excess Liability insurance with limits not less than $1,000,000 limit per occurrence and aggregate. D. Workers Compensation insurance as statutorily required by the Industrial Insurance Act of the State of Washington, Title 51, Revised Code of Washington and employer's liability with limits not less than $1,000,000. Any payment of deductible or self-insured retention shall be the sole responsibility of the Vendor. All required policies shall be provided on an “occurrence” basis except professional liability insurance (if required), which shall 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 Vendor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all the required insurance policies. The Vendor'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 Vendor'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 Vendor to advise the City’s Risk Manager by fax at (360) 473-5161, or by certified mail, return receipt requested to City of Bremerton, Attn: Risk Management, 345 6th Street, Suite 100, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy required herein, and failure to do so shall be construed to be a breach of this Agreement. The City also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage. XI. MISCELLANEOUS. A. Licenses and Taxes. Vendor shall possess a current Bremerton Business License Page 6 of 8 Goods and Services Agreement – HASA , Inc. Rev. 09/2021 and any regulatory license required to fulfill Vendor's obligations under this Agreement. B&O taxes shall be paid when due, and Vendor, by this Agreement, assigns any payments due under this Agreement to the City Clerk for payment of such taxes which have been declared delinquent. B. Conflict and Precedence. In the event of a conflict between the contract documents, the document which rates higher on the following list shall take precedence: 1. Amendments / Change Orders to Goods and Services Agreement 2. Goods and Services Agreement 3. Specifications 4. Terms and Conditions 5. Vendor’s Proposal C. Documents Incorporated by Reference. The following documents are incorporated by reference, including but not limited to: 1. Terms and Conditions, 2. Specifications, 3. Proposal, and 4. Non-Collusion Affidavit. D. Use of Photographs and Images. Vendor shall not use or distribute photographs or images depicting City officials, personnel, property, or equipment whether prepared by Vendor or provided by City without prior written consent of the City. The City will not unreasonably withhold its consent. E. Equal Employment Opportunity Statement. In the hiring of employees for the performance of work under this Agreement, the Vendor, its subcontractors, or any person acting on behalf of Vendor 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. F. 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. G. Compliance with Laws. Vendor shall comply with all federal, state and local laws, rules and regulations throughout every aspect in the performance of this Agreement. H. Prevailing Wages. Vendor shall file a “Statement of Intent to Pay Prevailing Wages” with the State of Washington Department of Labor & Industries prior to commencing the contract work. Vendor shall pay prevailing wages and comply with Chapter 39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate provisions. The latest prevailing wage rate revision issued by the Department of Labor and Industries is attached. Page 7 of 8 Goods and Services Agreement – HASA , Inc. Rev. 09/2021 I. Work Performed at Vendor's Risk. Vendor 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 Vendor's own risk, and Vendor 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. J. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of Washington. If any dispute arises between the City and Vendor under any of the provisions of this Agreement, resolution of that dispute shall be available exclusively under the jurisdiction, venue and rules of the Kitsap County Superior Court, Kitsap C ounty, Washington. K. Attorney's Fees. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall be responsible for payment of its own legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit; however, nothing in this subsection shall limit the City's right to indemnification under Section IX of this Agreement. L. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed below, unless otherwise notified. Any written notice shall become effective upon delivery, but in any event three (3) calendar days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement. Notices to be sent to: Notices to be sent to: CITY: VENDOR: Attn: Contracts Administrator Attn: Amy Vermillion City of Bremerton HASA, INC. 345 6th Street, Suite 100 3401 Industrial Way, Bremerton, WA 98337-1891 Longview, WA 98632 M. Assignment. Any assignment of this Agreement by the Vendor without the written consent of the City shall be void. N. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Vendor. O. Severability. If any one or more sections, subsections, or sentences of this Agreement are held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this Agreement and the remainder shall remain in full force and effect. P. Entire Agreement. The written provisions and terms of this Agreement, together with any attached Exhibits, supersede all prior verbal statements by any representative of the City, and those statements shall not be construed as forming a part of or altering in any manner this Page 8 of 8 Goods and Services Agreement – HASA , Inc. Rev. 09/2021 Agreement. This Agreement and any attached Exhibits contain the entire Agreement between the parties. Should any language in any Exhibit to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. IN WITNESS WHEREOF, the parties below have executed this Agreement. CITY: VENDOR: City of Bremerton HASA, INC. By: By: Print Name: Print Name: Ken Ward Its: Its: CFO Date: Date: APPROVED AS TO FORM: ATTEST: By: By: KYLIE J. FINNELL, Bremerton City Attorney ANGELA HOOVER, City Clerk R:\Legal\Legal\Forms\FORMS ON COBWEB\Goods and Services Agreement Rev 09 2021.docx No.Vendor Name Bid Item Unit Bid Unit Cost 1 HASA, Inc.Multi-chlor 12.5% Sodium Hypochlorite Low salt with delivery including tax gallon 2.16 2 ascade Columbia DistributioMulti-chlor 12.5% Sodium Hypochlorite Low salt with delivery including tax gallon 2.35 3 JCI JONES NO BID RESPONSE 4 NorthStar NO BID RESPONSE 5 Bid Results AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: N/A First Amendment to the Park Use Agreement for Kiwanis Park with Corporation of Catholic Archbishop of Seattle dba as Our Lady Star of the Sea COUNCIL MEETING Date: December 7, 2022 Department: Parks & Recreation Presenter: Jeff Elevado Phone: (360) 473-5428 SUMMARY: In January of 2013, the City entered into a Park Use Agreement with Our Lady Star of the Sea School for the use of Kiwanis Park for school related physical education and recess activities. The initial term of the agreement was for 10 years and will expire on December 31, 2022. The agreement provides the option for two (2) additional five (5) year terms subject to mutually agreeable terms and City Council approval. The City was notified by the school on October 26, 2022 that they wished to extend the agreement and for an additional five (5) year term. The initial consideration for the use of the park was in the form of a $400k donation facilitated by the school. These funds were used by the City toward completion of the park renovation project. City staff met with representatives from the school and have begun negotiations relative to use and consideration for the additional term. The First Amendment will extend the current agreement until February 28, 2023, to allow time to reach mutually agreeable terms and to present the amended agreement with the new terms to City Council for approval. ATTACHMENTS: 1) First Amendment to the Park Use Agreement; 2) Park Use Agreement (Original Agreement) FISCAL IMPACTS (Include Budgeted Amount): No fiscal impacts STUDY SESSION AGENDA: ☐ Limited Presentation ☐ Full Presentation ☒ N/A COUNCIL MEETING ACTION: ☐ Consent Agenda ☒ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the First Amendment to the Park Use Agreement between City of Bremerton and Corporation of the Catholic Archbishop of Seattle dba Our Lady Star of the Sea School; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/09/2021 6B FIRST AMENDMENT TO THE PARK USE AGREEMENT BETWEEN CITY OF BREMERTON AND CORPORATION OF THE CATHOLIC ARCHBISHOP OF SEATTLE dba OUR LADY STAR OF THE SEA THIS FIRST AMENDMENT TO THE PARK USE AGREEMENT (“Agreement”) is entered into effective on the date fully executed by and between the CITY OF BREMERTON, a Washington municipal corporation (“City”), and CORPORATION OF THE CATHOLIC ARCHBISHOP OF SEATTLE sole dba as OUR LADY STAR OF THE SEA, a Washington corporation (“School”), referred to collectively as the “Parties.” RECITALS WHEREAS, the Parties entered into a Park Use Agreement (“Agreement”) effective January 1, 2013, with an initial expiration date of December 31, 2022; and WHEREAS, School has delivered written notice to the City of its desire to extend the Agreement, pursuant to “Paragraph 5. Extension of Term” in the Agreement; and WHEREAS, the Parties desire to amend the Agreement to extend the term thereof in order to allow time to reach mutually agreeable terms regarding the Extension of Term and to present said terms to City Council; NOW, THEREFORE, for valuable consideration and by mutual consent of the parties the Agreement is hereby amended as follows: 1. Recitals; Amendment. All of the above recitals are incorporated herein and made a part herein and made a part hereof as if first stated herein. The Agreement shall be amended as follows: 2. Term. Shall be amended. Paragraph 4 entitled Term is modified to extend the original Term of the Agreement so that the term now ends on February 28, 2023. This extension does not change the Extension of Term option between the Parties. This document will become a supplement of the Park Use Agreement and all provisions will apply hereto. It is understood that this Amendment shall be effective when fully executed by both parties. In the event of any conflict between the terms of this Amendment and the terms of the Agreement, the terms of this Amendment shall control and be binding on the on the Parties hereto. All other terms and conditions of the Agreement not specifically amended herein remain in full force and effect. The parties whose names appear below warrant that they are authorized to enter into an agreement that is binding on the parties of this Amendment. [SIGNATURES ON NEXT PAGE] IN WITNESS WHEREOF the parties hereto have caused this Amendment to be executed as of the day and year first above written CITY OF BREMERTON CORPORATION OF THE CATHOLIC ARCHBISHOP OF SEATTLE sole dba as OUR LADY STAR OF THE SEA BY ____________________________ Mayor BY ____________________________ Its___________________________ DATE ___________________________ DATE ___________________________ Approved as to Form: Approved as to Form: City Attorney Attorney for School AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: N/A Public Hearing (1st of 2) on the Property Use Agreement with Active Construction Inc. for Pine Road Stormwater Basin Improvement Project COUNCIL MEETING Date: December 7, 2022 Department: Parks & Recreation Presenter: Jeff Elevado Phone: (360) 473-5428 SUMMARY: Active Construction Inc. is the contractor for the Public Works & Utilities Pine Road Stormwater Basin Improvement Project currently underway. The contractor has proposed use of an area of Stephenson Canyon to place a job trailer and temporary storage of associated project materials and equipment. This area of Stephenson Canyon is an old roadway and cul-de-sac that contains wood, concrete, and angular rock debris. In consideration for allowing the contractor to use the area, Parks and Recreation staff have coordinated the removal and disposal of all existing debris and clearing the area of unwanted vegetation. The proposed use is anticipated to last through March of 2023. The Bremerton Parks and Recreation Commission has reviewed the request and recommended approval by City Council at their September 27, 2022 public meeting. ATTACHMENTS: 1) Property Use Agreement 2) Bremerton Parks & Recreation Commission Advisory Report (9/30/2022) 3) Stephenson Canyon Current Site Condition Photos FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: ☐ Limited Presentation ☐ Full Presentation ☒ N/A COUNCIL MEETING ACTION: ☐ Consent Agenda ☐ General Business ☒ Public Hearing (1st of 2) RECOMMENDED MOTION: Public Comment Only with No Action COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/09/2021 7A Proposed Area of Use Exhibit B Stephenson Canyon Approximate Address: 361 Sayles Rd, Bremerton, WA 98310 ATTACHMENT 3 COUNCIL DISTRICT 1 JENNIFER CHAMBERLIN COUNCIL DISTRICT 6 ANNA MOCKLER COUNCIL DISTRICT 5 MICHAEL GOODNOW