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HomeMy WebLinkAbout5636SUBJECT: Professional Services Agreement with BERK Consulting, Inc. (for annexation fiscal analysis and public outreach communication) AGENDA BILL CITY OF BREMERTON CITY COUNCIL ow2�t 5630 Study Session Date: November 9, 2016 COUNCIL MEETING Date: November 16, 2016 Department: DCD Presenter: Andrea L. Spencer Phone: 360.473.5283 SUMMARY: Since 2013 the City of Bremerton has contracted with BERK to conduct fiscal analysis for all the West Bremerton urban growth areas (UGAs): Charleston Beach, Gorst, Navy Yard City, Rocky Point, and West Hills. BERK has an industry -recognized expertise to conduct annexation impact analysis and local knowledge of Bremerton that makes them very qualified to provide professional services to the City. DCD proposes building on the work that BERK has already completed for the City and analyze the East Bremerton UGAs: Enetai and Tracyton. The proposed Professional Services contract also includes developing an online calculator that will be incorporated into the City's website that will assist residents to dynamically estimate the impact of annexation based on their unique household circumstances. This online tool will be for residents of both East & West Bremerton UGAs, and should prove to be a very useful tool for the City to utilize to help communicate with citizens. ATTACHMENTS: Professional Services Agreement with BERK FISCAL IMPACTS (Include Budgeted Amount): The proposed contract amount is up to $51,250, which has been budgeted within DCD's 2016 Professional Services. STUDY SESSION AGENDA: X No Presentation ❑ Full Presentation STUDY SESSION ACTION: 1xi Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the professional services agreement with BERK Consulting Inc. for the annexation fiscal analysis and public outreach communication; 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 01/07/15 r r PROFESSIONAL SERVICES AGREEMENT City of Bremerton/BERK Consulting, Inc. ANNEXATION FISCAL ANALYSIS AND OUTREACH COMMUNICATION The City of Bremerton ("City") and BERK Consulting, 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 October 18, 2016, including any attachments thereto , attached hereto as Exhibit A, which is incorporated by reference herein. The Scope of Work may be modified only pursuant to Section VII.H of this Agreement. If the Scope of Work provides for unspecified additional services such services shall only be performed upon the express written request of the City. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time such services are performed. II. Term: The City and the Consultant agree that work will begin on the tasks described in Exhibit A immediately upon execution of this Agreement. The parties agree that the work described in Exhibit A is to be completed as provided for in the work schedule attached hereto as Exhibit B; provided however, that additional time shall be granted by the City for excusable delays or extra work as provided for in Section IKA of this agreement. III. Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Consultant in an amount not to exceed $51,250.00 (Fifty-one Thousand Two Hundred -fifty Dollars). 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. City of Bremerton/BERK Consulting Inc. Page 1 of 14 If a billing statement does not conform to this Agreement, the City may withhold payment until the statement is brought into compliance. Such withholding does not relieve Consultant of its obligations under this Agreement. IV. Relationship of Parties: Consultant represents that it is skilled in the matters addressed in the Scope of Work and is performing independent functions and responsibilities within its field of expertise. Consultant and its personnel are independent Consultants and not employees of the 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 Agreement except 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 Any Other Professional Listed In and Performing Services Defined in RCW 4.24.115. Should a court of competent jurisdiction determine that Consultant's services provided pursuant to this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. City of Bremerton/BERK Consulting Inc. Page 2 of 14 IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. VI. Insurance: The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees, sub -consultants or sub -Consultants. Before beginning work on the project described in this Agreement, the Consultant shall provide a Certificate of Insurance evidencing: 1. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 2. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; explosion, collapse and underground (XCU) if applicable; and 3. Excess Liability insurance with limits not less than 1,000,000 limit per occurrence and aggregate. 4. Professional Liability insurance with limits no less than $1,000,000 limit per occurrence/claim. 5. Workers Compensation insurance as statutorily required by the Industrial Insurance Act of the State of Washington, Title 51, Revised Code of Washington and employer's liability with limits not less than $1,000,000. Any payment of deductible or self insured retention shall be the sole responsibility of the Consultant. 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 the Certificate of Insurance. The City reserves the right to receive a certified copy of all the required insurance policies and endorsements. The City further reserves the right to reject any unacceptable policies and/or endorsements. City of Bremerton/BERK Consulting Inc. Page 3 of 14 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 certified mail, return receipt requested to City of Bremerton, attn: Risk Management, 345 6th Street, Suite 600, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy set out herein, and failure to do so shall be construed to be a breach of this Agreement. The City also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage. 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 Seattle , 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. City of Bremerton/BERK Consulting Inc. Page 4 of 14 C. Use of Photog_ranhs and Images. Consultant shall not use or distribute photographs or images depicting City officials, personnel, property, or equipment whether prepared by Consultant or provided by City without prior written consent of the City. The City will not unreasonably withhold its consent. D. Work Performed at Consultant's Risk: Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and sub -consultants in the performance of the work hereunder and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. E. Place of Work: The Consultant shall perform the work authorized under this Agreement at its offices in Seattle, 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. City Address City of Bremerton 345 6`' Street, Suite 600 Bremerton, WA 98337 Consultant Address BERK Consulting, Inc. 2025 First Ave., Suite 800 Seattle, WA 98121 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. City of Bremerton/BERK Consulting Inc. Page 5 of 14 K. Non -Waiver of Breach: The failure of the City to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein conferred in one or more instances shall not be construed to be a waiver or relinquishment of said covenants, agreements or options, and the same shall be and remain in full force and effect. L. Compliance with Laws: Consultant shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. M. Choice of Law and Venue: This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. N. Attorneys' Fees: In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney's fees. O. Assignment: Any assignment of this agreement by the Contractor without the written consent of the City shall be void. VIII. Nondiscrimination: Consultant shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status, disability, or sexual orientation except for employment actions based on bona fide occupational qualification. IX. 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 the Consultant must promptly notify the City within ten (10) City of Bremerton/BERK Consulting Inc. Page 6 of 14 calendar days in writing of the cause of the delay. If, on the basis of the facts and the terms of this Agreement, the delay is properly excusable, the City shall, in writing, extend the time for completing the work for a period of time commensurate with the period of excusable delay. B. Rights Upon Termination: In the event of termination, the City shall pay for all services performed by the Consultant to the effective date of termination, as described on a final invoice submitted to the City. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project which may be used by the City without restriction. Any such use not related to the project which Consultant was contracted to perform shall be without liability or legal exposure to the Consultant. X. Suspension & Debarment. For contracts involving Federal funding, Consultant hereby certifies, by signing this agreement, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Consultant shall provide immediate written notice to the City if at any time it learns that it is or has become ineligible for certification. Should Consultant enter into a covered transaction with another firm, Consultant agrees by signing this agreement that it will verify that the firm with whom it intends to do business is not debarred, suspended, ineligible, excluded or disqualified. CITY OF BREMERTON By: Padent its: Wayor Date: //— 22 Approved as to form: Bremerton y Attorney City of Bremerton/BERK Consulting Inc. Page 7 of 14 CONSULTANT Its:�.. . i D. Attest: City Clerk EXHIBIT A CITY OF BREMERTON ANNEXATION FISCAL ANALYSIS AND RESIDENT IMPACTS COMMUNICATION Proposed Scope of Work Updated: October 18, 2016 PROJECT UNDERSTANDING Further to our previous conversations around the City of Bremerton's annexation interests, BERK is pleased to present a proposed approach for: Evaluating the impacts to the City of annexing the East Bremerton (Enetai) and East Bremerton (Tracyton) (which includes the unincorporated island south of it, as shown in the map to the right) potential annexation areas; Developing additional resident impacts handouts (modeled after those developed for Gorst, Navy Yard City, Rocky Point, and West Hills) for East Bremerton (Enetai) and East Bremerton (Tracyton); and, Developing and embedding an online calculator on the City's website that will dynamically estimate the impact of annexation on residents based on information about their unique households. Page 8of14 a » East r ti Bremerton �yy r `< West Hills Navy Yard city Charleston Beach Gorst EXHIBIT A CONTINUED SCOPE OF WORK Task 1: East Bremerton (Enetai) and East Bremerton (Tracyton) Annexation Fiscal Analysis For this study, BERK's efforts will be focused on understanding all of the short-term incremental impacts of annexation, as well as the significant fiscal impacts of annexation that will be realized over the long- term. These main elements include: • Updating the existing annexation model to include the City's most recent budget and development information and to ensure annexation analysis is responsive to the City's current fiscal situation. • Reviewing, analyzing, and modeling the short-term incremental impact annexation of East Bremerton (Enetai and East Bremerton (Tracyton), both separately and together, will likely have on City revenues, costs, and staffing. • Assessing longer-term fiscal issues and capital improvement needs related to annexation of East Bremerton (Enetai) and East Bremerton (Tracyton) in a more qualitative way, with the intention of identifying long-term risks, opportunities, and uncertainties the City of Bremerton will need to consider. The study will be divided into five different tasks, which are outlined below. Task 1a: Update City of Bremerton Baseline Information As part of the Gorst Annexation Analysis, BERK conducted a baseline fiscal situation analysis for the City of Bremerton. A key step in the new annexation study will be to update the City's financial and development information used in that fiscal analysis to the most recent information available. This update will ensure that the incremental impacts of annexation are being analyzed compared to the City's current situation, as cost and revenue levels may have changed in the past year. This task will require collecting updated budget information from the City of Bremerton, as well as collection of housing, employment, and population data from available sources. BERK will work with the City's finance department to ensure that the City's baseline financial situation is accurately captured by the analysis. Task 1b: East Bremerton (Enetai) and East Bremerton (Tracyton) Data Gathering and Land Base Analysis In Task 3 below, BERK will build a dynamic model of the City cost and revenue structure under different annexation scenarios. This model and analysis will be based on the updated data collected in Task 1, and a solid understanding of the City's fiscal structure. Revenues and costs in the model are driven by the current distribution of land uses and development in the City, East Bremerton (Enetai) and East Bremerton (Tracyton). This task will include an analysis of current land use and creation of reasonable development assumptions to understand longer-term impacts. Task 1c: Analyze Operating Fiscal Impacts of Annexation In Task 3 below, BERK will analyze the operating fiscal impacts of annexation on the City of Bremerton from annexation of both East Bremerton (Enetai) and East Bremerton (Tracyton) individually, as well as City of Bremerton/BERK Consulting Inc. Page 9 of 14 EXHIBIT A CONTINUED together. The analysis will focus in detail on the short-term impacts, and will highlight significant areas of potential long-term impact for the City's consideration. Specifically, the analysis will evaluate impacts for the following urban services: • Fire Service • Police Service • Emergency Medical Service • Transportation • Utilities, including power and telecommunications, which includes broadband where available • Stormwater • Potable water • Sewer • Solid Waste • Park and Recreation Facilities BERK will use the already developed City of Bremerton specific version of our firm's proprietary municipal fiscal model to analyze the City of Bremerton's current operating fiscal structure and the potential fiscal impact of annexation. This model will estimate operating costs and revenues associated with annexation of East Bremerton (Enetai) and East Bremerton (Tracyton), as well as the combined impacts of both annexation areas in aggregate. Task 1d: Assess Capital impacts of Annexation This task will involve a review of capital infrastructure needs developed for the Kitsap County UGA Remand process in 2012 and the City of Bremerton and Kitsap County's adopted capital and transportation improvement plans. BERK will supplement the review of these documents with phone interviews with key City and County departments to identify any new information that may not be included in completed planning documents. BERK will work with the City to review the draft assessment of capital impacts, and will identify areas of concern or adjustments that may be necessary under an annexation scenario. The analysis of long-term implications will not include detailed fiscal projections and quantified impacts. The findings will instead be an identification of future risks and opportunities for the major public services from a capital needs perspectives. Task 1e: Draft and Final Technical Memorandum Upon conclusion of the analysis, BERK will incorporate the findings into a technical memo, modeled after the City of Bremerton Fiscal Impacts of West Bremerton UGA and Gorst UGA Annexation Report, August 2015. Optional Task If: Fiscal Analysis of Annexing all Areas Together BERK will use the updated Bremerton annexation model to estimate the operating costs and revenues associated with annexation of all six annexation areas East Bremerton (Enetai), East Bremerton (Tracyton), Gorst, Navy Yard City, Rocky Point, and West Hills together. This will involve updating the development assumptions for the four West Bremerton annexation areas. Upon conclusion of the City of Bremerton/BERK Consulting Inc. Page 10 of 14 EXHIBIT A CONTINUED analysis, BERK will incorporate the findings into an updated version of the City of Bremerton Fiscal Impacts of West Bremerton UGA and Gorst UGA Annexation Report, August 2015. Task 2. East Bremerton and East Bremerton (Tracyton) Annexation Resident Impacts Data Collection and Handout Development BERK will adapt the current impacts of annexation to residents analysis (developed as part of the West Bremerton UGA and Gorst UGA Annexation Study — Amendment 1) to include East Bremerton (Enetai) and East Bremerton (Tracyton) as additional potential annexation areas. BERK will collect the data necessary to generate the same analysis for that potential annexation area, and develop a handout for each area, using the handout template from that project such that the handout will be consistent with those developed by BERK for Gorst, Navy Yard City, Rocky Point, and West Hills. Task 3, City of Bremerton Annexation Internal Calculator Development BERK will adapt the current impacts of annexation to residents analysis (developed as part of the West Bremerton UGA and Gorst UGA Annexation Study — Amendment 1 and Task 1 [for the East Bremerton Enetai) and East Bremerton (Tracyton) potential annexation areas]) to develop a simple, easy to use excel calculator that will deliver real-time tax estimates (current and assumed based on annexation) organized and presented in an intuitive way. This calculator will include calculations for six potential annexation areas: Gorst East Bremerton (Enetai) Navy Yard City Rocky Point West Hill East Bremerton (Tracyton) Resident inputs (assumptions related to the resident's household) will be limited to those included as part of the previous annexation to residents analysis (for example home assessed value, monthly water usage, number of vehicles, etc.), with the ability to add up to three additional fields per annexation area. Constants (service, tax, and fee rates that would be held constant in calculations, but could be updated annually or as needed) will be limited to those included as part of the previous annexation to residents analysis (for example, property tax rates; waster service, tax, and pilot rates; and other tax and fee rates) with the ability to add up to three additional fields per annexation. Final outputs (resident's current costs, annexation costs, and comparison of costs [difference between current and annexation costs])will be will be based on calculations using resident inputs and constants (tax, fee, and service rates) for each annexation area. Final outputs will be limited to those included as part of the previous annexation to residents analysis (for example, property taxes, water costs, telephone taxes, etc.), with the ability to add up to three additional fields based on additional resident inputs and constants that may have been provided. The internal calculator will include all of the data necessary for online calculator interface development (Task 3) and will be a useful prototype of that tool. The final calculator will be designed to allow the easy incorporation of additional potential annexation areas as desired. It will also be designed to be easily updated by City of Bremerton staff as service, tax, and fee rates change. BERK will provide a short user City of Bremerton/BERK Consulting Inc. Page 11 of 14 EXHIBIT A CONTINUED guide providing information on how to update the constants (including where to find the updated information) used in the calculator, which will allow City staff to update it as needed. Task 4. Online Calculator Interface Development BERK will collaborate with Praece to convert the internal calculator (Task 2) into an interactive online annexation calculator which will deliver real-time tax estimates (current and assumed based on annexation) and present them to the user in an intuitive web interface. This online calculator will include calculations for the same five annexations areas (Gorst, East Bremerton [Enetai], Navy Yard City, Rocky Point, and West Hills) as the internal calculator. The online annexation calculator will use the same resident inputs, constants, and calculations as the internal calculator to reach the same final values. BERK and Praece will collaborate with the City to adapt the internal calculator design into intuitive input and output interfaces for the web. This design could be laid out to mimic the residents' tax and service bills, if desired. The interface will also allow room for one to two short paragraphs of text discussing annexation impacts, which will be developed by BERK. Before web development work begins, BERK, Praece, and the City will approve a final design for the input and output interfaces before beginning web development. The final product will be a HTML5 based, intuitive, graphic, and visually pleasing online calculator hosted by Praece or a third party (selected and paid for by the City) and embedded on the City website and supported by the following web browsers: Internet Explorer 10+ Microsoft Edge 13+ Firefox 48+ Chrome 52+ (and mobile) Safari 9+ (and mobile) Praece will work with the City to develop custom, mobile -friendly responsive behavior for the embedded calculator by developing a custom script and iFrame layout to the current City website to further improve user experience on mobile. This will require Praece to have access to the code of the City website and/or personnel with similar access to collaborate with. City of Bremerton/BERK Consulting Inc. Page 12 of 14 EXHIBIT B SCHEDULE The City of Bremerton Annexation Fiscal Analysis and Resident Impacts Communication Project is estimated to take approximately 10 to 16 weeks, after initial project kickoff. Page 13 of 14 EXHIBIT C The budget for the City of Bremerton Annexation Fiscal Analysis and Resident Impacts Communication Project is not to exceed $47,250 and will be billed on a time and materials basis. Task 1. East Bremerton (Ental) and East Bremerton (Tracyton) Annexation Fiscal Analysis $14,000 Optional Task If. Fiscal Analysis of Annexing all Areas Together $4,000 Task 2. East Bremerton Annexation Resident Impacts Data Collection and Handout Development $3,250 Task 3. City of Bremerton Annexation Internal Calculator Development $3,500 Task 4. Online Calculator Interface Development $26,000 Expenses (2%) $500 TOTAL $47,250 TOTAL WITH OPTIONAL TASK $51,250 Page 14 of 14 A6�Z ®DATE (MM/DD/YYYY) ll`.� CERTIFICATE OF LIABILITY INSURANCE 1 8/31/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER McDonald Insurance Group, Inc. PO Box 3089 620 Kirkland Way, Ste 100 Kirkland WA 98083-3089 INSURED BERK Consulting, Inc 2025 First Ave. Suite 800 `uAMNE :'' Patricia Hendricks PHONAME A/CNNo.Ext): (425)827-7400 I FA AIC Nol: (425)827-7402 ADDRESS, Patty@mcdonaldins . com INSURER(S) AFFORDING COVERAGE NAIC INSURERA:National Fire Insurance Co 20478 INSURERB:Continental Casualty Com 20443 INSURER C :Underwriters at Llovd' s , Loefd'6& 15792 INSURER D : 1 n Seattle WA 98121 INSURER F: YJy ly- y 1 11 ` / COVFRAGFS CFRTIFIr_ATF Id11MRFD•17-18 GL RA sr. LTM PRor DF=X/I4z1AM MI IM THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAME E FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFFPOLICY MM/DDIYYYY EXP MM/DD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY2,000,000 EACH OCCURRENCE $ A CLAIMS -MADE FX OCC DAMAGERENTED 300,000 PREMISESS(Ea occurrence $ MED EXP (Any one person) $ 10,000 4017749887 9/18/2017 9/18/2018 PERSONAL & ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 X POLICY E PE� LOC PRODUCTS - COMP/OP AGG $ 4,000,000 $ OTHER: AUTOMOBILE LIABILITY Oa EtDSINGLE LIMIT $ 1,000,000 E aBI A ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS 4017749887 9/18/2017 9/18/2018 BODILY INJURY Per accident $ ( ) X HIRED AUTOS X NON -OWNED AUTOS PROPERTY DAMAGE $ Per accident X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 2,00 0,000 AGGREGATE $ 2,000,000 B EXCESS LIAB CLAIMS -MADE DED X RETENTION$ 10,000 $ 4017751039 9/18/2017 19/18/2018 )W"WcXXX1l; �GltAWW PER X OT - �(EMPLOYERS' LIABILITY Y / N STATUTE ER E.L. EACH ACCIDENT $ 11000,000 ANY PROPRIETOR/PARTNER/EXECUTIVEWA Stop Gap A OFFICERIMEMBER EXCLUDED? ❑ N / A I (Mandatory in NH) 4017749887 9/18/2017 1 9/18/2018 E.L. DISEASE - EA EMPLOYE $ 11000,000 If yes, describe under E.L. DISEASE - POLICY LIMIT $ 1 000,000 DESCRIPTION OF OPERATIONS below C PROFESSIONAL, LIABILITY W16985170401 9/18/2017 1 9/18/2018 EACH CLAIM $2,000,000 $10,000 RETENTION AGGREGATE $2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: West Bremerton UGA Annexation Fiscal Analysis. City of Bremerton is primary and non-contributory additional insured by written contract per SB146932E attached. V U 1388-2014 ACORD CORPORATION: -All -rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD INS025 (201401) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Bremerton THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 345 6th Street Suite 600 ACCORDANCE WITH THE POLICY PROVISIONS. Bremerton, WA 98337 AUTHORIZED REPRESENTATIVE F McAllister, Jr./PLH U 1388-2014 ACORD CORPORATION: -All -rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD INS025 (201401) s' SB -146932-E (Ed. 06/11) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - LIABILITY EXTENSION/ This endorsement modifies insurance provided under the following: V BUSiNESSOWNERS LIABILITY COVERAGE FORM Coverage afforded under this extension of coverage endorsement does not apply to any person or organization covered as an additional insured on any other endorsement now or hereafter attached to this Policy. 1. ADDITIONAL INSURED — BLANKET VENDORS WHO iS AN INSURED is amended to include as an additional insured any person or organization (referred to below as vendor) with whom you agreed, because of a written contract or agreement to provide insurance, ,but only with respect. to 'bodily injury" or °property damage' arising out of 'your products" which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: 1. The insurance afforded the vendor does not apply to: a. *Bodily injury' or *property damage° for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contractor agreement; . b. Any express warranty unauthorized by you; c. Any physical or chemical change in the product made intentionally by'the vendor; own acts or omission or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (1) The exceptions contained in Subparagraphs d. or f.; or y,, (2) Such inspections, adjustments, tests or I\J servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. 2. This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. 3. This provision 2. does not apply to any vendor included as an insured by an endorsement issued by us and made a part of this Policy. d. Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under 2. instructions from the manufacturer, and then repackaged in the original container; e. Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; f. Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; g. Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or 4. This provision 2. does not apply if 'bodily injury' or °property damage' included within the 'products - completed operations hazard' is excluded either by the provisions of the Policy or by endorsement. MISCELLANEOUS ADDITIONAL INSUREDS WHO IS AN INSURED is amended to include as an insured any person or organization (called additional Insured) described in paragraphs 2.a. through 2.h. below whom you are required to add as an additional insured on this policy under a written contract or agreement but the written contract or agreement must be: 1. Currently in effector becoming effective during the term of this policy; and 2. Executed prior to the °bodily Injury," 'property damage' or 'personal and advertising injury; but Only the following persons or organizations are additional insureds under this endorsement and coverage provided to such additional insureds is limited as provided herein: h. 'Bodily tojry" or 'property damage' arising u a. Additional Insured — Your Work out of the sole negligence of the vendor for its That person or organization for whom you do work Is an additional insured solely for liability SS -146932-E (Ed. 06/11) Page i of 5 CNA due to your negligence specifically resulting from your work for the: additional insured which is the subject of the written contract or written agreement. No coverage applies to .liability resulting from the' sole negligence of the additional insured. The insurance provided to the additional Insured is limited as follows: (1) The Limits of Insurance applicable to the additional insured are those specified in the written contract or written agreement or in the Declarations of this policy, whichever is less. These Limits of Insurance are inclusive of, and not in addition to, the Limits of Insurance shown in.the Declarations. (2) The coverage provided to the additional insured by this endorsement and paragraph F.9. of the definition of 'insured contract' under Liability and Medical Expenses Definitions do not apply to "bodily injury' or 'property damage" arising out of the 'products -completed operations hazard unless required by the written contract or written agreement. (3) The insurance provided to the additional Insured does not apply to 'bodily injury,' °property damage,° or 'personal and advertising injury' arising out of the rendering or failure to render any professional services. b. State or Political Subdivisions A state or political subdivision subject to the m -following provisions: (1) This insurance applies only with respect to the following hazards for which the u state or political subdivision has Issued a spermit in connection with premises you own, rent, or control and to which this insurance applies: - (a) The existence, maintenance, repair, construction, erection, or removal of - = advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, holstaway openings, sidewalk vaults, street banners, or decorations and similar exposures; or (b) The construction, erection, or removal of elevators; or (2) This insurance applies only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit. SB -146932-E (Ed. 06/11) SB -146932-E <. (Ed. 06/11) This insurance does not apply to "bodily injury," °property damage' or 'personal and advertising injury" arising out of operations performed for the state or municipality. c. Controlling Interest Any persons or organizations with a controlling interest in you but only with respect to their liability arising out of: (1) Their financial control of you; or (2) Premises they own, maintain or control while you lease or occupy these premises. This insurance does not apply to structural alterations, .new construction and demolition operations performed by or for such additional insured. d. Managers or Lessors of Premises A manager or lessor of premises but only with respect to liability arising out of the ownership, maintenance or use of that specific part of the premises leased to you and subject to the following additional exclusions: This Insurance does not apply to: (1) Any 'occurrence' which takes place after you cease to be a tenant In that premises; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. e. Mortgagee, Assignee or Receiver A mortgagee, assignee or receiver but only with respect to their liability as mortgagee, assignee, or receiver and arising out of the ownership, maintenance, or use of a premises by you. This insurance does not. apply to structural alterations, new construction or demolition operations performed by or for such additional insured. f. Owners/Other interests — Land is Leased An owner or other interest from whom land has been leased by you but only with respect to liability arising out of the ownership, maintenance or use of that specific part of the land leased to you and subject to the following additional exclusions: This insurance does not apply to: (1) Any °occurrence' which takes place after you cease to lease that land; or Page 2 of 5 1 (2) Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. g. Co-owner of Insured Premises A co-owner of a premises co -owned by you and covered under this insurance but only with respect to the co-owners liability as co- owner of such premises. h. Lessor of Equipment Any person or organization from whom you lease equipment. Such person or organization are insureds only with respect to their liability arising out of the maintenance, operation or use by you of equipment leased to you by such person or organization. A person's or organization's status as an insured under this endorsement ends when their written contract or agreement with you for such leased equipment ends. With respect to the insurance afforded these additional Insureds, the following additional exclusions apply: This insurance does not apply: (1) To any 'occurrence' which takes place after the equipment lease expires; or (2) To 'bodily injury,' 'property damage' or 'personal and advertising injury' arising out of the sole negligence of such additional insured. Any insurance provided to an additional insured designated under paragraphs b. through h. above does not apply to 'bodily injury' or 'property damage' included within the 'products -completed operations hazard.' 3. The following is added to Paragraph H. of the BUSINESSOWNERS COMMON POLICY - CONDITIONS: H. Other Insurance 4. This insurance is excess over any other insurance naming the additional insured as an insured whether primary, excess, contingent or on any other basis unless a written contract or written agreement specifically requires that this insurance be either primary or primary and noncontributing, 4. LEGAL LIABILITY — DAMAGE TO PREMISES A. Under B. Exclusions, 1. Applicable to Business Liability Coverage, Exclusion k. SB -146932-E (Ed. 06/11) SB -146932-E (Ed. 06/11) Damage To Property, is replaced by the following: k. Damage To Property 'Property damage' to: 1. Property you own, rent or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement,_ enhancement, restoration or maintenance of such property for any reason, Including prevention of injury to a person or damage to another's property; 2. Premises you sell, give away or • abandon, if the 'property damage' arises out of any part of those premises; 3. Property loaned to you; 4. Personal property in the care, custody or control of the insured; 5. That particular part of any real property on which you or any contractors or subcontractors working directly or indirectly in your behalf are performing operations, if the 'property damage' arises out of those operations; or 6. That particular part of any property that must be restored, repaired or replaced because 'your work' was incorrectly performed on it. Paragraph 2 of this exclusion does not apply if the premises are 'your work' and were never occupied, rented or held for rental by you. Paragraphs 1, 3, and 4, of this exclusion do not apply to 'property damage' (other than damage by fire or explosion) to premises: (1) rented to you: (2) temporarily occupied by you with the permission of the owner, or (3) to the contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section D — Liability and Medical Expenses Limits of Insurance. Page 3 of 5 Paragraphs 3, 4, 5, and 6 of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph 6 of this exclusion does not apply to 'property damage" included in the 'products -completed operations hazard." B. Under B. Exclusions, 1. Applicable to Business Liability Coverage, the last paragraph of 2. Exclusions is deleted and replaced by the following: Exclusions c, d, e, f, g, h, i, k, I, in, n, and o, do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner or to the contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in Section D. Liability And Medical Expenses Limits Of Insurance. The following items are added to ' E. Businessowners General Liability Conditions in the Businessowners Liability Coverage Form: e. Paragraphs a. and b. apply to you or to any = additional insured only when such "occurrence," offense, claim or "suit" is known to: (1) You or any additional insured that is an individual; SB -146932-E (Ed. 06/11) SB -146932-E,, (Ed. 06/11) (2) Any partner, if you or an additional insured is a partnership; (3) Any manager, if you or an additional insured is a limited liability company; (4) Any °executive officer" or insurance manager, if you or an additional insured is a corporation; (5) Any trustee, if you or an additional Insured is a trust; or (6) Any elected or appointed official, if you or an additional insured is a political subdivision or public entity. This paragraph e. applies separately to you and any additional insured. 7. Bodily Injury Section F. -Liability and Medical Expenses Definitions, item 3. "Bodily Injury' is deleted and replaced with the following: "Bodily injury" means bodily injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury by that person at any time which results as a consequence of the bodily injury, sickness or disease. S. Expanded Personal and Advertising Injury Definition a. The following is added to Section F. Liability and Medical Expenses Definitions, item 14. Personal and Advertising Injury, in the Businessowners General Liability Coverage Form: h. Discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is: 1. Not done intentionally by or at the direction of: a. The insured; or b. Any "executive officers' director, stockholder, partner, member or manager (if you are a limited liability company) of the insured; and 2. Not directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person or person by any insured. b. The following is added to Exclusions, Section B.: Page 4 of 5 C. The first Paragraph under item 5. Damage To Premises Rented To You Limit of Section D. Liability And Medical Expenses Limits Of Insurance is replaced by the following: The most we will pay under Business Liability for damages because of "property damage" C3 to any one premises, while rented to you, or temporarily occupied by you, with the permission of the owner, including contents of such premises rented to you for a period of 7 0 or fewer consecutive days, is the Damage to s Premises Rented to You limit shown in the m Declaration. d 5. Blanket Waiver of Subrogation o We waive any right of recovery we may have against: o a. Any person or organization with whom you have a written contract that requires such a walver. 6. Broad Knowledge of Occurrence The following items are added to ' E. Businessowners General Liability Conditions in the Businessowners Liability Coverage Form: e. Paragraphs a. and b. apply to you or to any = additional insured only when such "occurrence," offense, claim or "suit" is known to: (1) You or any additional insured that is an individual; SB -146932-E (Ed. 06/11) SB -146932-E,, (Ed. 06/11) (2) Any partner, if you or an additional insured is a partnership; (3) Any manager, if you or an additional insured is a limited liability company; (4) Any °executive officer" or insurance manager, if you or an additional insured is a corporation; (5) Any trustee, if you or an additional Insured is a trust; or (6) Any elected or appointed official, if you or an additional insured is a political subdivision or public entity. This paragraph e. applies separately to you and any additional insured. 7. Bodily Injury Section F. -Liability and Medical Expenses Definitions, item 3. "Bodily Injury' is deleted and replaced with the following: "Bodily injury" means bodily injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury by that person at any time which results as a consequence of the bodily injury, sickness or disease. S. Expanded Personal and Advertising Injury Definition a. The following is added to Section F. Liability and Medical Expenses Definitions, item 14. Personal and Advertising Injury, in the Businessowners General Liability Coverage Form: h. Discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is: 1. Not done intentionally by or at the direction of: a. The insured; or b. Any "executive officers' director, stockholder, partner, member or manager (if you are a limited liability company) of the insured; and 2. Not directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person or person by any insured. b. The following is added to Exclusions, Section B.: Page 4 of 5 (16)Discrimination Relating to Room, Dwelling or Premises Caused. by . discrimination directly or Indirectly related to the sale, rental, lease or sub -lease or prospective sale, rental, lease or sub -lease of any room, dwelling or premises by or at the direction of any insured. (16) Fines or Penalties Fines or penalties levied or imposed by a governmental entity because of discrimination. c. This provision (Expanded Personal and Advertising Injury) does not apply if SB -146932-E (Ed. 06111) SB -146932-E (Ed. 06111) Personal and Advertising Injury Liability is excluded either by the provisions of the Policy or by endorsement. 9. Personal and Advertising Injury Re -defined Section . F. liability and Medical Expenses Definitions, item 14, Personal Advertising Injury, Paragraph c. is replaced by the following: c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room dwelling or premises that a person or organization occupies committed by or on behalf of its owner, landlord or lessor. Page 5 of 5 . .. McDonald Insurance Group, Inc. RO Box 3089 Kirkland, WA 98033 Applicable to ACORD 25 - Certificate of Liability This certificate of liability insurance does not necessarily imply that primary coverage or other additional insured requirements are provided for the additional insured(s) unless an endorsement is attached specifying these coverages. This certificate does not necessarily comply with all contract requirements between the named insured and the additional inSUred(s). All involved parties should have their attorney review the policy for actual coverage and compliance with their written agreement or contract. Applicable to ACORD 25, 27, 28, and 24 This certificate is the "latest" ACORD 25 (January 2014) Certificate of Liability Insurance, or ACORD 27 (December, 2009) Evidence of Property Insurance or ACORD 28 (December 2009) Evidence of Commercial Property Insurance or ACORD 24 (September 2009) Certificate of Property Insurance . In order to issue certificates from our agency, these revisions listed above must be used. If you previously received an ACORD 25, 27, 28 or 24 with an earlier revision date, there are notable changes between the forms. Please note the following significant characteristics of the new ACORD forms. ❖ The cancellation clause refers back to the policy terns. ❖ The ACORD form is copyrighted. Permission to alter it is not available. •:° As Insurance Agents we receive authority from the insurance carriers that we represent to issue certificates. Carriers do not authorize us to include special language or alter the form even without the copyright concerns. The carriers also do not authorize us to complete special coverage forms provided by the certificate holder. �; O SEMEN T` '��; `:rt F== McDonald Insurance Group, Inc — Po Box 3089 Kirkland, WA 98083