HomeMy WebLinkAbout03/21/2012 AGENDA ti� CI
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CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337 ❑ Phone (360) 473 -5280
MARCH 21, 2012
CITY COUNCIL MEETING AGENDA
1 BRIEFING 5 00 — 5 30 P M in COUNCIL CONFERENCE ROOM 603
A General Council Business
2 CALL TO ORDER 5 30 P M in FIRST FLOOR CHAMBERS
A Pledge of Allegiance
B Invocation
3 MAYOR'S REPORT
4 PUBLIC RECOGNITION
5 CONSENT AGENDA
A Claims & Check Register
B Minutes of Meeting — March 7, 2012
C Minutes of Study Session — March 14, 2012
D Interlocal Agreement with Kitsap County to form the West Sound Stormwater Outreach
Group
E Puget Sound Energy Request for Easement for 11"' Street & Warren Avenue Intersection
Improvements
F Approval of Statutory Warranty Deed for Ostrich Bay Avenue Right -of -Way Dedication
G Resolution No 3165 authorizing Sole Source Purchase of Flygt Dry Pit Submersible
Pumps from Whitney Equipment for the Wastewater Sewage Pump Stations
H Ordinance No 5181 amending Chapter 2 92 of the Bremerton Municipal Code (BMC)
entitled "Office of Risk Management" relating to the City Safety Officer
I Ordinance No 5182 amending Section 10 04 034 of the Bremerton Municipal Code (BMC)
entitled "Inattention to Driving"
J Purchase of Playground Equipment for Kiwarns Parts from Cascade Recreation
6 GENERAL BUSINESS
A Approval of Joint Ferry Service & Funding Agreement for summer Sundays and holidays
7 PUBLIC HEARINGS — There are no Public Heanngs tonight
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 Cleric at (360) 473 -5323 by noon on the day preceding the Meeting
CITY COUNCIL MEETING
SPEAKERS LIST
PLEASE PRINT YOUR NAME BELOW IF YOU PLAN TO
SPEAK DURING THE COUNCIL MEETING TONIGHT
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AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL 5A
SUBJECT: Claims & Check Register Study Session Date
COUNCIL MEETING Date March 21, 2012
Department Financial Services
Presenter Cathy Johnson
Phone 473 -5296
SUMMARY: Consent Agenda item Approval of checks and electronic fund transfers
ATTACHMENTS:
FISCAL IMPACTS (Include Budgeted Amount)
APPROVALS:
DEPARTMENT DIRECTOR
CITY ATTORNEY
FINANCE DIRECTOR
MAYOR
RECOMMENDED MOTION:
1) Check #'s 347535 through 347763 and EFT's 11701 through 11736 in the amount of
$1,464,555 42
2) Regular Payroll for the pay period ending March 15, 2012 in the amount of $693,414 08
STUDY SESSION ACTION: ® Consent Agenda ❑ Gen usiness ❑ Public Hearing
COUNCIL PRESIDENT
COUNCIL ACTION: (Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action
Form Updated 1/4/12
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL 511
SUBJECT: City Council Minutes for COUNCIL MEETING Date
Department City Council
/�l arGti 7� 2 0�� Presenter Jim McDonald
Council President
Phone (360) 473 -5280
SUMMARY: Attached is a summary of the City Council Meeting
ATTACHMENTS: Meeting Minutes
FISCAL IMPACTS (Include Budgeted Amount) N/A
APPROVALS: N/A
RECOMMENDED MOTION:
Move to approve the Consent Agenda as presented
STUDY SESSION ACTION: xConsent Agenda ❑ General Business ❑ Public Hearing
COUNCIL PRESIDENT L1 K_
COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Acton
Form Updated 4118/2011
DIGITAL RECORDING
CITY COUNCIL MEETING MINUTES
Wednesday, March 7, 2012
The weekly meeting of the City Council of the City of Bremerton was called to order Wednesday,
March 7, 2012, at 5 00 PM in Council Conference Room 603 of the NORm DICKs GOVERNMENT
CENTER, 345 6 t Street, Bremerton, Washington, with Council President Jim McDonald presiding
Council Members present were Nick Wofford, Eric Younger, Carol Arends, Faye Flemister, Greg
Wheeler, Roy Runyon, Adam Brockus, and Leslie Daugs Also present were City Attorney Roger
Lubovich, Interim City Clerk Shannon Conn, and Legislative Assistant Lori Smith
A COUNCIL BRIEFING was held to discuss General Council Business at 5 00 PM in the Council
Conference Room At 5 30 PM the meeting moved to the Meeting Chambers
The Pledge of Allegiance was led by Council Member Leslie Daugs followed by the invocation
provided by Pastor Roger Hennigan of Apostolic Life Tabernacle
President McDonald presented Council Member Greg Wheeler a Certification of Completion for
completing the Association of Washington Cities (AWC) Municipal Leadership Program
MAYOR'S REPORT Mayor Patty Lent
• Thanked the Council Members for hosting Neighborhood Meetings, as well as Lieutenant Pete
Fisher and Community Resource Officer Andy Oakley for their presentations on public safety,
• Announced the Annual St Patrick's Day Parade would be downtown on Saturday, March 17,
• Was pleased that Win -Co would be opening on April 1,
• Reported the City has created a Police Tip Line at (360) 473 -5481, Public Works Customer
Response Line at (360) 473 -5930, and events for a newly created Events Calendar can be
submitted to eventsa -ci bremerton wa us and
• Kathy Garcia, Bremerton Marina Operations Manager, highlighted the activities taking place at
the Bremerton and Port Orchard Marinas
PUBLIC RECOGNITION
Todd Best urged the City to place speed humps on Hanford Avenue for the safety of residents in
the area due to the lack of sidewalks
Mark Jones Director of Kitsap Applied Technologies, asked permission of the City to open an
unconditional homeless shelter to meet the needs of an emerging problem in the community on
March 31 for 10 to 15 beds
Vern McCrath agreed with the request for speeds humps on Hanford Avenue, and read letters on
behalf of a day care business and another resident also urging speed humps
Mike Walton encouraged the community support the YMCA Strong Kids Campaign and other
upcoming events at the Kitsap Family YMCA
Robert Parker also supported speed humps in the Hanford neighborhood
Katy Allen Public Works Director, explained that the City has collected data from the area, and
will work with residents from the area to pursue grant funding for traffic calming
Beniahmin Downs would like to see traffic slow down in the Hanford area which would also make
the neighborhood safer for children to play, and expressed his support for the local YMCA
Jerry McDonald announced the 2 nd Annual Concierge Tour would be held this year on Monday,
April 2 to promote local tourism, encouraged the City to again provide funding to run the foot ferry
between Bremerton and Port Orchard on weekends, and suggested the City obtain a PR person
Brett Warner asked when the traffic study data would be available, and encouraged the City to cut
salaries to address budget issues
City Council Reg Mtg Minutes
Wednesday, March 7, 2012
Page 2 of 4
CONSENT AGENDA
5A Check Numbers 347265 through 347534, and EFT -11660 through EFT -11700 in the amount
of $2,011,369 56, Regular Payroll (and Pay Out) for the pay period ending February 15, 2012
in the amount of $718,281 38, Regular Payroll for the pay period ending February 29, 2012 in
the amount of $689,776 80, and Retiree Payroll for the pay period ending February 29, 2012 in
the amount of $73,679 96
513 Minutes of Meeting — February 15, 2012
5C Minutes of Study Session — February 22, 2012
5D Minutes of Special Meeting — February 28, 2012
5E Minutes of Special Meeting — February 29, 2012
5F KPS Rates and Underwriting Criteria
5G Installation of Service Beds on City Trucks purchased in 2011
5H Purchase of 2 Chevrolet Caprice Police Pursuit Vehicles
5I Application to WSDOT for Safe Routes to School Grant Funding
5J Appointment of Harriette Bryant to the Bremerton Housing Authority Board of Commissioners
5K Appointment of Anita Albright to the Bremerton Planning Commission
There were no comments from the public
06:11 45 M /S /C /U (Flemister /Arends) Move to approve the CONSENT AGENDA as presented
President McDonald thanked Harriette Bryant and Anita Albright for serving their community
GENERAL BUSINESS — There were no General Business Items
PUBLIC HEARINGS
7A — RELEASE OF STORMWATER EASEMENT FOR BREMERTON HOUSING AUTHORITY
Gunnar Fridriksson Engineering, summarized that the Bremerton Housing Authority has
requested the City to release a portion of a storm water easement which crosses diagonally across
Lot 1 of the plat of Bay Vista — Phase III The easement was created with the plat of Bay Vista —
Phase II The lot configuration between the two phases has changed and eliminated the need for
this portion of the easement
President McDonald opened the public hearing With no comments from the public, the hearing
was then closed to the public and open to the Council
There were no questions or comments from the Council
06 M /S /C /U (Runyon/Wheeler) Move to approve the Release of Easement, and authorize
the Mayor to finalize and execute the Release of Easement with substantially the same terms and
conditions as presented
713 — ORDINANCE NO. 5180 TO VACATE BROADWAY AVENUE FROM 13 AND 16
STREETS Katy Allen Public Works & Utilities Director, and Gunnar Fridriksson Engineering,
explained that Olympic College has initiated the vacation of Broadway Avenue from 13 Street to
16 Street The City requested a traffic analysis from the college to evaluate the area, and to
determine what improvement needed to be made to Broadway Avenue to reduce non - college
vehicles using the area This study was performed by Parametrix, Inc in April 2010 The
suggested improvement was to vacate Broadway Avenue and construct a new signal at 13 Street
& Warren Avenue for access to Warren Avenue
City Council Reg Mtg Minutes
Wednesday, March 7, 2012
Page 3 of 4
Bill Wilkie Director of Facilities (Olympic College), John Perlic Transportation Division Manager
(Parametnx, Inc ), and Brent Carson Legal Counsel to Olympic College (Gordon Derr), provided
further details
President McDonald opened the public hearing
Comments were provided by John H. Larson
With no further comments, President McDonald closed the hearing to the public, and opened for
discussion by the Council
06:39 Motion was made by Wofford, and seconded by Brockus
Comments and questions were provided by Mr. Wofford and Mr. Runyon
06.46:43 Move to Amend the Ordinance was made by Runyon, and seconded by Younger
Comments and questions on the Amendment were provided by Mr. Runyon and Mr. Wheeler
06 AMENDMENT -M /S /C (Runyon /Younger) Move to amend Ordinance No 5180, Section
3(b) as follows Compensation to the City for this street vacation shall be fully satisfied upon
completion of the items listed in 3(a) above, and upon such completion any remaining
compensation to the City may be waived by future action of the City Council in accordance with
BMC 11 20 140(E)
Voted in favor of Amendment Runyon, Flemister, Arends, Younger, Wofford, Daugs, Brockus,
and McDonald
Voted opposed to Amendment Wheeler
Amendment carried 8 -Yes, 1 -No
07:02.14 Move to Amend the Ordinance was made by Daugs, and seconded by Flemister
07.02 28 AMENDMENT- M /S /C /U (Daugs /Flemister) Move to Amend Section 2 as follows
Broadway Avenue from 13 Street to 16 Street, including that portion of 15 Street that connects
the two sections of Broadway Avenue in the City of Bremerton
Further comments and questions were provided by Mr. Younger
07:13:56 M /S /C (Wofford /Brockus) Move to pass Ordinance No 5180, as amended, to vacate
Broadway Avenue between 13 & 16 Streets, authorize the Mayor to enter into agreements with
Olympic College for construction of traffic signal at 13 Street & Warren Avenue, and the purchase
of right -of -way subject to City Attorney approval in substantially the same terms and conditions as
presented
Voted in favor Flemister, Younger, Wofford, Daugs, Brockus, Runyon, McDonald
Voted opposed Arends, Wheeler
Motion carried 7 -Yes, 2 -No
COUNCIL MEMBER REPORTS
Leslie Daugs thanked attendees for coming to her recent district meeting, and thanked Boston's
Pizza for raising $1,000 for Amina
Adam Brockus announced the Manette Saloon & Sidebar at 2113 E 11 Street would be hosting
a $5 -Plate Spaghetti Feed & Silent Auction Fundraiser to help the family of Amina Kocer- Bowman
on Friday, March 16 from 6 00 to 8 00 PM Other local businesses in Manette including the Boat
Shed Restaurant and Bremerton Bottling will be contributing to the event
City Council Reg Mtg Minutes
Wednesday, March 7, 2012
Page 4 of 4
Roy Runyon thanked Ned Lever of Public Works for his presentation on the Crosstown Pipeline
Project and Lieutenant Pete Fisher and Community Resource Officer Andy Oakley for their
presentation on public safety at his recent district meeting, asked community members to contact
the Council Office with comments or concerns regarding chickens since the sunset on the
ordinance will be discussed soon, and commented that potential impacts to the City's budget and
possible recommendations will likely be discussed at the next Finance Committee meeting
Greg Wheeler invited the community to attend the next Union Hill Neighborhood Potluck on
Monday, March 26'" beginning at 6 00 PM at 916 Veneta Avenue, emphasized that there are
positive things going on in the City, discussed a campaign underway to "take back our
neighborhood ", and also thanked Lieutenant Pete Fisher and Community Resource Officer Andy
Oakley for coming to the District 5 & 6 Community meeting
Faye Flemister announced the Annual NAACP Freedom Fund Banquet will be held on Saturday,
April 28 with the Social Hour at 6 00 PM followed by Dinner at 7 00 PM at the Baymont Inn &
Suites located at 5640 Kitsap Way, enjoyed being a part of the community and welcoming the
Captain and Crew of the USS John C Stennis, reported on the Public Safety Meeting held with
Council Member Carol Arends and thanked Lieutenant Pete Fisher and Community Resource
Officer Andy Oakley for their reports, attended the American Red Cross Hero's breakfast, looked
forward to the Annual Salad Bowl event on May 19, enjoyed helping with the Charleston
neighborhood clean -up, attended training through the Association of Washington Cities, and
sponsored a block watch meeting
Carol Arends also thanked Lieutenant Pete Fisher and Community Resource Officer Andy Oakley
for attending the Public Safety Meeting and was pleased at the number of attendees, and thanked
Bremerton High School for their hospitality She also reported on the Burwell Hill Climb clean -up
event held in Charleston
Mr. Wofford thanked the volunteers for coming forward at the various community events including
the fundraiser at Boston's Pizza that raised money for the families of Amina, as well as State
Trooper Tony Radulescu
Jim McDonald reported that Council Members have been busy with special meetings as well, and
discussed a point meeting with the Port of Bremerton Commissioners, as well as a City Budget 101
Workshop provided by Financial Services Director Becky Hasart
With no further business, President McDonald adjourned the Council Meeting at 7 30 PM
Pre red and Submitte by
L R SMITH
Legislative Assistant
Attest
SHANNON CORIN, Interim City Clerk
JIM McDONALD, City Council President
JM SC Is cg
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL irco
SUBJECT: City Council Minutes for COUNCIL MEETING Date Rarc ��T� °' a
Department City Council
MAr'G(, �f D7 Presenter. Jim McDonald
Council President
Phone (360) 473 -5280
SUMMARY: Attached is a summary of the City Council Meeting
ATTACHMENTS: Meeting Minutes
FISCAL IMPACTS (Include Budgeted Amount) N/A
APPROVALS: N/A
RECOMMENDED MOTION:
Move to approve the Consent Agenda as presented.
STUDY SESSION ACTION: Consent Agenda ❑ General Business ❑ Public Hearing
COUNCIL PRESIDENT
COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Acton
Form Updated 4/1812011
DIGITAL RECORDING
CITY COUNCIL STUDY SESSION MINUTES
March 14, 2012
A Study Session of the City Council of the City of Bremerton was called to order in the City Council
Conference Room 603, of the NORM DICKS GOVERNMENT CENTER, 345 6` Street, Bremerton,
Washington, Wednesday, March 14, 2012, at 5 00 PM, with Council President Jim McDonald
presiding Council Members present were Nick Wofford, Eric Younger, Carol Arends, Faye
Flemister, Greg Wheeler, Roy Runyon, Adam Brockus, and Leslie Daugs Christine Grenier,
Council Assistant was present to provide staff support
President McDonald emphasized that the Study Session was open to the public, however there
would be no opportunities for input or participation, that no action will be taken, and the content of
these items is subject to change
The following items are budgeted items or have been reviewed by the appropriate Council
Committee, and will be placed on the March 21, 2012 Council Meeting Agenda unless otherwise
stated
A NO PRESENTATION PROVIDED — Only brief questions were asked and /or comments made
1 Interlocal Agreement with Kitsap County to form the West Sound Stormwater Outreach
Group — Kathleen Cahall, Water Resources Manager, Public Works & Utilities Department,
and Carol Arends, Public Works Committee Vice -Chair Consent Agenda
2 Puget Sound Energy Request for Easement for 11` Street & Warren Avenue Intersection
Improvements — Gunnar Fridriksson, Engineering, Public Works & Utilities Department,
and Carol Arends, Public Works Committee Vice -Chair Consent Agenda
3 Approval of Statutory Warranty Deed for Ostrich Bay Drive Right -of -Way Dedication —
Gunnar Fridriksson, Engineering, Public Works & Utilities Department, and Carol Arends,
Public Works Committee Vice -Chair Consent Agenda
4 Proposed resolution authorizing Sole Source Purchase of Flygt Dry Pit Submersible Pumps
from Whitney Equipment for the Wastewater Sewage Pump Stations — Pat Coxon,
Wastewater Manager, Public Works & Utilities, and Carol Arends, Public Works Committee
Vice -Chair Consent Agenda
5 Proposed ordinance amending Chapter 2 92 of the Bremerton Municipal Code (BMC)
entitled "Office of Risk Management' relating to the City Safety Officer — Roger Lubovich,
City Attorney, and Nick Wofford, Public Safety & Parks Committee Chair Consent Agenda
6 Proposed ordinance amending Section 10 04 034 of the Bremerton Municipal Code (BMC)
entitled "Inattention to Driving "— Roger Lubovich, City Attorney, and Nick Wofford, Public
Safety & Parks Committee Chair Consent Agenda
7
"Management eRtitled „
Item pulled...
8 Purchase of Playground Equipment for Kiwanis Park from Cascade Recreation — Wyn
Birkenthal, Parks & Recreation Director, and Nick Wofford, Public Safety & Parks
Committee Chair Consent Agenda
B FULL DISCUSSION ITEMS
9 Approval of Joint Ferry Service & Funding Agreement for summer Sundays and holidays —
Becky Hasart, Financial Services Director, and Nick Wofford, Finance Committee Chair
General Business
City Council Study Session Minutes
Wednesday, March 14, 2012
Page 2of2
C GENERAL COUNCIL BUSINESS
Council Reports were provided and General Business was discussed
Council recessed from 6 42 to 6 50 PM
D EXEMPT CLOSED SESSION —"Labor Negotiations and Proceedings" per RCW
42 30 140(4)(b) was held from 6 50 to 7 24 PM
With no further business, the Council Study Session was adjourned at 7 25 PM
Prepared and Submitted by
CHRISTINE GRENIER
Council /Auditor Assistant
Attest
SHANNON CORIN, Interim City Clerk
JIM McDONALD, City Council President
JMSCIscg
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL t S D
SUBJECT: interlocal Agreement with Study Session Date March 14, 2012
Kitsap County to Form the West Sound COUNCIL MEETING Date March 21, 2012
Stormwater Outreach Group Department Public Works and
Utilities
Presenter Kathleen Cahall
Phone 473 -2315
SUMMARY In 2007 the Department of Ecology issued Stormwater Permits to "Phase il" communities,
including Kitsap County and its cities This permit includes specific requirements for public outreach and
involvement Kitsap County and its cities have been coordinating stormwater public outreach for several years
but this new permit makes this coordination even more important The Kitsap Peninsula Clean Runoff
Collaborative was created in 2008 to partner with local entities on stormwater outreach This current interlocal
agreement expands this group, extends the duration through 2013, and changes the name to "West Sound
Stormwater Outreach Group" The scope of this group is to continue previous work to
• implement stormwater education and outreach programs to achieve measurable reductions in
behaviors that cause or contribute to adverse stormwater impacts,
• increase efficiency by sharing expertise, expenses, and staff time,
• benefit citizens by providing consistent outreach and messaging,
• gain enhanced access to financial and technical support through coordination among
Permittees with adjoining or shared geographic areas, and fulfill Phase II Municipal Stormwater
Permit requirements
ATTACHMENTS: Interlocal Agreement
Fact Sheet
FISCAL IMPACTS (Include Budgeted Amount) The ILA costs for the City of Bremerton are
budgeted in the Stormwater Utility and will not exceed $10,969 82 each year of 2012 and
2013
APPROVALS:
DEPARTMENT DIRECTOR
CITY ATTORNEY
FINANCE DIRECTOR
MAYOR
RECOMMENDED MOTION:
Move to approve the interlocal agreement for the "West Sound Stormwater Outreach Group" and
authorize the Mayor to finalize and execute the agreement with substantially the same terms and
conditions as presented
STUDY SESSION ACTION: Consent Agenda ❑ General Business ❑ Public Hearing
COUNCIL PRESIDENT
COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action
Form Updated 11/02/2011
KC- 023 -12
INTERLOCAL AGREEMENT
BETWEEN KITSAP COUNTY AND
THE CITY OF BREMERTON
TO FORM THE WEST SOUND STORMWATER OUTREACH GROUP
I. PREAMBLE
This Interlocal Agreement (hereafter "AGREEMENT ") is by and between Kitsap County
(hereafter "COUNTY ") whose principal offices are located at 614 Division Street, Port
Orchard, WA, 98366 and the City of Bremerton (hereafter "CITY ") whose principal
offices are located at 345 6 th Street, Suite 600, Bremerton, WA
II. RECITALS
Whereas, the Washington State Department of Ecology requires owners or operators of
a municipal separate storm sewer system to obtain coverage under a Western
Washington NPDES Phase II Municipal Stormwater Permit, and
Whereas, mutual benefits will accrue to the parties hereto and the people which each
serves in the cooperative implementation of the West Sound Stormwater Outreach
Group The Interlocal Cooperation Act, R C W 39 34, further authorizes the parties
hereto to enter into this AGREEMENT, and
Whereas, Permittees are required by Permit Section S5 C 1 to provide stormwater
education and outreach programs designed to achieve measurable reductions in
behaviors that cause or contribute to adverse stormwater impacts, and
Whereas, coordination among Permittees with adjoining or shared geographic areas is
encouraged by Washington State Department of Ecology and enhances access to
federal, state, and other financial and technical support, and
Whereas, West Sound residents share media sources and would benefit from
consistent messaging across city and county boundaries, and
Whereas, municipal resource efficiency is increased and cost savings are realized
through sharing expertise, expenses, and staff time to gain economies of scale and
avoid duplication, and
Whereas, Kitsap County and the cities of Poulsbo, Bremerton, Port Orchard, Gig
Harbor, Bainbridge Island and Port Angeles desire to form the West Sound Stormwater
Outreach Group to coordinate point development and implementation of stormwater
education and outreach programs.
NOW THEREFORE, the parties mutually agree as follows
C \Documents and Settings\Shannon Conn\Local Settings \Temporary Internet Files \OLK1 E6 \13remerton - KC -023 -12 doc
KC- 023 -12
III. AGREEMENT
A The Recitals set forth above are expressly incorporated into the Agreement by
this reference
B This AGREEMENT consists of the following documents
1 Interlocal Agreement
2 Exhibit A West Sound Stormwater Outreach Group Scope of Work and
Budget
C. Pur ose: The purpose of the AGREEMENT is to provide a mechanism through
which COUNTY and CITY voluntarily collaborate in the development, implementation,
and funding of stormwater education and outreach messages, materials, activities, and
program assessment tools for the general public, businesses, and other target
audiences as required by the NPDES Phase II Permit
D. Payment and Funding CITY will provide COUNTY funds in an amount not to
exceed a total of $21,939.64 for the years 2012 to 2013 In accordance with Section I
below, COUNTY agrees to send invoices to CITY representative for reimbursement of
allowable expenses incurred as defined in Exhibit A
E. Scope of Work COUNTY and CITY shall perform duties and services as are
listed in Exhibit A, attached hereto and incorporated herein by this reference Said
services shall be performed in accordance with the approved Scope of Work and
budget specified in Exhibit A, and as provided for in Section I of this AGREEMENT
F. COUNTY and CITY Administrators
The "West Sound Stormwater Outreach Group" is a collective of local jurisdictions and
is not a separate legal entity Accordingly, Jayna Ericson, SSWM Outreach and
Education Coordinator, 614 Division Street MS 26 -A, Port Orchard WA 98366 shall
represent COUNTY in all matters pertaining to the services rendered under this
AGREEMENT All requirements of the CITY pertaining to the services and materials to
be rendered under this AGREEMENT shall be coordinated through the COUNTY
representative
Kathleen Cahall, Water Resources Manager, 3027 Olympus Drive, Bremerton, WA
98310 shall represent the CITY in all matters pertaining to the services and materials to
be rendered under this AGREEMENT All requirements of the COUNTY pertaining to
the services or materials to be rendered under this AGREEMENT shall be coordinated
through the CITY representative
Following a change of representative, COUNTY and CITY will inform the other party in
writing within ten (10) working days
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KC- 023 -12
G Rep= By January 31 of each year this AGREEMENT is in effect,
COUNTY and CITY will jointly report the results of work conducted under this
AGREEMENT in a manner that is mutually useful in the fulfillment of NPDES Permit
reporting requirements for public education activities, as specified in Permit Section
S9E2c
H. Responsibilities of the Parties It is mutually understood that CITY will provide
COUNTY with the following
Up to $21,939 64 over the duration of this AGREEMENT for development of
educational materials, professional service fees, partial reimbursement of
COUNTY administrative costs, and other expenses related to tasks as described
in Exhibit A CITY will also contribute staff time to attend meetings, provide input,
conduct pertinent research, and participate in program development
It is mutually understood that COUNTY will provide CITY with the following
COUNTY will provide administrative services and act as financial manager for
this AGREEMENT and associated professional service contracts COUNTY will
also contribute staff time to facilitate meetings, provide input, conduct pertinent
research, and participate in program development
I. Reimbursement CITY shall reimburse COUNTY for actual incurred costs upon
presentation of a properly executed invoice Costs shall be charged and funding
reimbursed based upon appropriate program elements as defined in Exhibit A
COUNTY may exceed line item amounts within individual program element budgets, but
shall not exceed the total budget for each individual program element without written
approval of CITY Reimbursement requests shall not be made to CITY more frequently
than once a month CITY shall reimburse COUNTY within thirty (30) days of receipt of
a properly executed COUNTY invoice
J. Property : Title to property purchased by COUNTY, the cost of which COUNTY
has been reimbursed as a direct item of cost under this AGREEMENT, shall pass to
and vest to COUNTY Property purchased with funds delivered pursuant to this
AGREEMENT may be used only for the performance of this AGREEMENT and shall be
purchased in accordance with applicable state law and COUNTY purchasing policies
K. Assignment COUNTY may assign or subcontract any portion of the services
provided within the terms of this AGREEMENT All terms and conditions of the
AGREEMENT shall apply to any approved subcontract or assignment related to this
AGREEMENT
L. Indemn& Both COUNTY and CITY shall accept responsibility for any and all
liability arising from acts of its own officers, employees, agents and contractors to the
extent provided by law Additionally, each party agrees to indemnify, defend, and hold
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KC- 023 -12
harmless the other party, and its officers, agents, and employees for all claims
(including demands, suits, penalties, losses, damages or costs of any kind whatsoever)
including costs, expenses and reasonable attorney's fees, to the extent such a claim
arises or is caused by the indemnifying party's own negligence or that of its officers,
agents, or employees in performance of this Agreement
Nothing contained in this section of this Agreement shall be construed to create a
liability or a right of indemnification in any third party
This section shall survive the expiration of this Agreement
M. Amendments The parties hereby further agree that this AGREEMENT cannot
be amended or modified without the written concurrence of both parties
N. Termination Either party to this AGREEMENT may elect to terminate this
AGREEMENT for any reason by delivering a sixty (60) day written notice of intent to
terminate to the other party In the event of such termination, COUNTY shall be
compensated for the actual costs incurred prior to the time of written notification of
contract termination
O. Duration This AGREEMENT shall commence on the date of execution, and
shall remain in effect through December 31, 2013
P Recording Pursuant to RCW 39 34 040, this Agreement shall be filed with the
Kitsap County Auditor
Q Waiver A failure by either party to exercise its rights under this agreement shall
not preclude that party from subsequent exercise of such rights and shall not constitute
a waiver of any other rights under this Agreement unless stated to be such in a writing
signed by an authorized representative of the party and attached to the original
Agreement
R Governing Law This Agreement shall be governed by and construed in
accordance with the laws of the State of Washington
S Venue The venue for any action to enforce or interpret this Agreement shall lie
in the Superior Court of Washington for Kitsap County, Washington
T Multiple Originals This Agreement may be executed in multiple copies, each of
which all be deemed an original
U Severability If any provision of this Agreement or any provision of any
document incorporated by reference shall be held invalid, such invalidity shall not affect
the other provisions of this Agreement which can be given effect without the invalid
provision, if such remainder conforms to the requirements of applicable law and the
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KC- 023 -12
fundamental purpose of this agreement, and to this end the provisions of this
Agreement are declared to be severable
IN WITNESS WHEREOF, this Agreement was executed by the parties on the dates
hereinafter indicated
DATED this _ day of . 2012 DATED this _ day of ,2012
CITY OF BREMERTON BOARD OF COUNTY COMMISSIONERS
KITSAP COUNTY, WASHINGTON
Patty Lent, Mayor Robert Gelder, Chair
ATTEST
Josh Brown, Commissioner
City Clerk
Charlotte Garrido, Commissioner
Approved as to Form
ATTEST
City Attorney Dana Daniels, Clerk of the Board
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KC- 023 -12
EXHIBITA:
WEST SOUND STORMWATER OUTREACH GROUP
Scope of Work & Budget for 2012 -2013
Since 2008, Kitsap County and the Cities of Poulsbo, Bremerton, Port Orchard, and Gig Harbor
have been working as the Kitsap Peninsula Clean Runoff Collaborative to jointly develop,
implement, and fund Permit - required outreach via interlocal agreements With the additions
of Bainbridge Island and Port Angeles, the group has agreed to assume the name of West
Sound Stormwater Outreach Group (SOG), to better represent the regional scope and to align
with other similar groups across Puget Sound under the Stormwater Outreach for Regional
Municipalities (STORM) outreach umbrella
A GOALS, OBJECTIVES, AND TASKS
Goals.
1 Design and implement stormwater education and outreach programs to achieve
measurable reductions in behaviors that cause or contribute to adverse stormwater
impacts.
2 Realize cost savings and increase municipal resource efficiency by sharing expertise,
expenses, and staff time to gain economies of scale and avoid duplication
3. Benefit citizens of the West Sound region by providing consistent outreach and messaging.
4 Gain enhanced access to federal, state, and other financial and technical support through
coordination among Permittees with adjoining or shared geographic areas
5 Obtain compliance with NPDES Phase II Municipal Stormwater Permit requirements for
Section S5 C 1, Public Education and Outreach
6 Fulfill education and outreach requirements of local Total Maximum Daily Loads (TMDLs),
also known as Water Pollution Cleanup Plans
The West Sound Stormwater Outreach Group is committed to achieving the following objectives
by December 31, 2013
Obiective 1 Build on existing successful efforts by maintaining elevated awareness levels and
environmentally positive behavior trends
Task 11 Review October 2011 survey results to determine impact of existing outreach
efforts
Task 12 Develop efficient methods to achieve sustained awareness and practice of
proper pet waste management.
■ Use partnerships and associated opportunities where available,
6
KC- 023 -12
• Continue 1 pet waste mailer per year,
• Continue growing and maintaining the Mutt Mitt Program
Obiective 2 Review the list of prioritized audiences and practices to be addressed by
behavior- change campaigns and revise as necessary based on emerging issues,
opportunities, and evaluation results
Task 2 1 Assess practices that are most likely contributing to adverse stormwater impacts
based on Ecology's latest Toxic Loading Study and knowledge of local pollution
problems Consider the scope of the problems as identified by reports, water
quality data, and inspection /investigation results
Task 2 2 Re- prioritize practices to be addressed by social marketing campaigns using
factors including but not limited to
• Updated attitude and behavior survey results,
• Applicability of the issue across the West Sound region,
• Presence /absence of existing local programs that address the behavior and
effectiveness of those programs (to avoid duplication),
• Availability of existing programs with proven effectiveness that can be
modeled, and
• Degree to which identified behaviors are single, simple, doable, and
measurable
• Findings from Task 2 1
Obiective 3 Design or adopt a social marketing campaign with built -in evaluation protocols
for the highest priority behavior
Task 3 1 Conduct formative researches on the highest priority behavior, which may
include
• Reviewing other program designs, management approaches, and evaluation
strategies,
• Adopting a campaign approach that has been thoroughly evaluated and
proven successful in a similar community, and /or
• Using focus groups or other survey tools to garner in -depth information on
attitudes and practices relative to the behavior, identify barriers and benefits
of the target audience adopting the behavior, and get ideas for potential
campaign strategies
Task 3 2 Develop a campaign strategy based on barrier /benefit research that includes an
evaluation plan with specific, measurable, and achievable outcomes
Obiective 4 Implement social marketing campaign for the highest priority behavior
7
KC- 023 -12
Task 41 Test the campaign strategy on a small segment of the population, using focus
groups and /or pilot studies to refine and reevaluate the strategy.
Task 4 2 Implement the campaign across the community, assessing effectiveness at
proper intervals, documenting progress, and changing the campaign strategy as
necessary to achieve defined outcomes
Task 4 3 Continue the program at an appropriate level once measurements indicate
increased adoption of the behavior in the target audience
Objective 5 As resources are available, implement additional campaigns using a phased
approach for each prioritized behavior and associated target audience
Objective 6 Use adaptive management to refine programs and direct education and
outreach resources most effectively
Task 61 Take advantage of mutually beneficial outreach opportunities that fall within the
Permit - required scope of audiences and behaviors, regardless of prioritization
ranking.
Task 6 2 Seek opportunities to share among member jurisdictions the existing outreach
efforts to audiences not prioritized within the West Sound SOG activities, such
that these efforts are beneficial to all members
Objective 7 Continue to support the development and implementation of the regional Puget
Sound Starts Here campaign through participation in STORM.
Task 71 Continue to invest staff time in supporting the infrastructure of a regional
awareness campaign supported by coordinated on the ground local behavior
change programs
Task 7 2 Participate in the selection and development of the next suite of behaviors
targeted for outreach under the Puget Sound Starts Here campaign
Task 7 3 Promote capacity building among STORM members to raise the caliber of
collective outreach in the region
Objective 8 Track and maintain records of education and outreach activities Publish an
annual activities report
Objective 9 Pursue grants and other funding opportunities as available and appropriate.
8
KC -023 -12
Obiective 10 Continue to strengthen partnerships through coordinated messages and
activities with other entities involved in stormwater education and outreach
programs This may include non - permitted entities such as the Puget Sound
Partnership, local ECO Networks, Kitsap County Health District, Kitsap
Conservation District, Washington SeaGrant, WSU Extension, Chambers of
Commerce, Local Source Control Specialists, professional associations, and non-
profit environmental organizations
B. BUDGET
Table 1 shows the annual budget for years 2012 and 2013 Included in the budget for each year
is 0 5 FTE of County staff time ($43,417 92) and $40,000 in outreach program costs for an
annual total of $83,417 92 The West Sound SOG will make every effort to minimize actual
costs by selecting competitive bids for professional services, and by pursuing grants and other
funding sources as available and appropriate
Table 1. Annual budget for all progra m elements
Cost per
Population Relative Jurisdiction
Jurisdiction (2010) Population per Year
Unincorporated
KC 168,900 614% $51,19654
Bremerton 36,190 132% $10,96982
Port Orchard 10,910 40% $3,30701
Poulsbo 8,920 32% $2,70381
Gig Harbor 7,520 27% $2,27944
Port Angeles 19,380 70% $5,87442
Bainbridge Island 23,380 85% $7,08689
TOTAL 275,200 1000% $83,41792
9
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL 456
■■ eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee
SUBJECT: Puget Sound Energy Request Study Session Date March 14, 2012
for Easement —11 and Warren Avenue COUNCIL MEETING Date March 21, 2012
Intersection Improvements Department PW &U
Presenter Fridnksson
Phone 473 -2354
SUMMARY: The City of Bremerton has been approached by Puget Sound Energy (PSE) for an
easement across City property
ATTACHMENTS- 1 Council Summary, 2 Formal Request from PSE, and 3 Exhibit
FISCAL IMPACTS (Include Budgeted Amount) Proceeds from the easement will be used for the
11 and Warren Avenue Project
APPROVALS:
DEPARTMENT DIRECTOR
CITY ATTORNEY - ---�
FINANCE DIRECTOR
MAYOR —
RECOMMENDED MOTION:
i
Move to approve the easement and authorize the Mayor to finalize and execute the easement with
substantially the same terms and conditions as presented
I
i
i
STUDY SESSION ACTION: Consent Agenda ❑ General Business ❑ Public Hearing
COUNCIL PRESIDENT
COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action
� Form Updated 11/02/2011
I
Puget Sound Energy (PSE) Request for Easement
COUNCIL SUMMARY
SUMMARY
In communicating with PSE for the 11 and Warren Avenue Intersection Improvements,
two poles have been identified as needing replacement due to age and condition One
of the poles is currently in the sidewalk on the east side of Warren Avenue at the north
margin of 12 Street directly behind the curb In discussing this pole and placement,
the suggestion was forwarded to adjust the pole northerly approximately 12 feet to place
it and the down guy required on a common property line This will require a re-
alignment of a portion of the power lines on 12 Street and an easement over the City
property, but would remove the pole completely out of the sidewalk and pedestrian
traffic
A frontage easement is recommended to address the encroachment This frontage
easement would allow for an additional 10 foot along 12 Street This would be
consistent with current platting requirements which require frontage easements along
roadways and is the preferred option
This easement will not affect buildability of the property or resale value, as there are
setback requirements from the ROW and this easement would be well within these
requirements
FISCAL
The frontage easement would generate $2,230 00 for 820 square feet Monies
generated would be returned to the 11 and Warren Avenue project to offset
acquisitions costs for the parcel
PSE Easement Request —11 and Warren Avenue Intersection Improvements
Council Summary
February 2012
PUGET SOUND ENERGY
The Energy To Do Great Things
Puget Sound Energy Puget Sound Energy
PO Box 90868 3130 South 38th Street
Bellevue, WA 98009 0868 Tacoma, WA 98409 5615
PSE com
March 1, 2012
Gunnar Fridriksson, PE, PLS
City of Bremerton
Department of Public Works & Utilities
3027 Olympus Drive
Bremerton, WA 98310
RE Warren Avenue —11 Street Intersection Project
Easement to PSE — Parcel No 3804 - 008 - 001 -0103
Dear Mr Fridnksson,
Enclosed please find an Easement to Puget Sound Energy (PSE) for a 12 5 kV electric power
distribution line and pole to be relocated from the 11 Street right -of -way into a building set -back
area within the south ten (10) feet of Kitsap County Parcel No 3804 - 008 - 001 -0103, acquired by
the City of Bremerton in connection with the SR 303, Warren Avenue —11 Street Intersection
Project PSE is hereby offering to pay the City Two Thousand Two Hundred and Thirty Dollars
($ 2,230-001 as monetary consideration for this grant of easement
This easement is a result of the planned relocation of another pole in front of 1114 Warren Avenue,
across SR -303 from the City property PSE has already acquired an easement to replace and
move the existing sidewalk pole in front of Kaye Lockwood's home to an area on the north margin
of her parcel This will allow PSE to remove it from the sidewalk where it is now a challenge for
pedestrians and bicycles to navigate around and could become a "target" for vehicles turning from
11 th Street heading north on Warren Avenue once the intersection is widened
I understand that you will need to approve the legal description, the City Attorney will need to
approve the form of the Easement document and the Bremerton City Council will need to authorize
the grant of an easement prior to it going to the Mayor for signature Please note that a Notary
Public must acknowledge the Mayor's signature The fully executed Easement may then be
returned to me for recording in the envelope provided
Should you have any feedback about the Easement, please call meat (253) 476 -6110 I would
be happy to attend both the Study Session and the City Council meeting to answer any questions.
Sincerely,
Connie Corpuz
Senior Real Estate Represe tative
Puget Sound Energy, Inc
3130 South 38 Street
Tacoma, WA 98409
(253) 476 -6110 or (360) 516 -7056 - cell
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RETURN ADDRESS
Puget Sound Energy, Inc
R/W Department
Attn Connie Corpuz
3130 South 38"' Street
Tacoma, WA 98409
EASEMENT
REFERENCE #
GRANTOR CITY OF BREMERTON
GRANTEE PUGET SOUND ENERGY, INC
SHORT LEGAL SE / NE 14- 24N -01E
ASSESSOR'S PROPERTY TAX PARCEL Portion of 3804 - 008 - 001 -0103
For and in consideration of Two Thousand Two Hundred Thirty and No /100 Dollars ($2,230 001 and other
valuable consideration hereby acknowledged, the CITY OF BREMERTON, a Washington Municipal Corporation
( "Grantor" herein), hereby grants to PUGET SOUND ENERGY, INC , a Washington Corporation ( "Grantee"
herein), for the purposes hereinafter set forth, a nonexclusive perpetual easement over, under, along, across, and
through the following described real property ( "Property" herein) in Kitsap County, Washington
THE SOUTH 40 FEET OF THE NORTH 150 FEET OF LOT 1, TRACT 8,
WARREN SMITH'S ACRE TRACTS, ACCORDING TO THE PLAT
RECORDED IN VOLUME 2 OF PLATS, PAGE 51, RECORDS OF KITSAP
COUNTY, WASHINGTON,
EXCEPT THE EAST 15 FEET CONVEYED TO THE CITY OF BREMERTON
FOR WARREN AVENUE;
AND EXCEPT THAT PORTION CONVEYED TO THE CITY OF BREMERTON
FOR WARREN AVENUE AS DESCRIBED UNDER AUDITOR'S FILE NO
201006210173, RECORDS OF KITSAP COUNTY, WASHINGTON
Except as may be otherwise set forth herein Grantee's rights shall be exercised upon that portion of the Property
( "Easement Area" herein) described as follows
THE SOUTH 10 FEET OF THE ABOVE DESCRIBED PROPERTY.
1 Purpose Grantee shall have the right to use the Easement Area to construct, operate, maintain, repair,
replace, improve, remove, and enlarge one or more utility systems for purposes of transmission, distribution and sale
of electricity Such systems may include, but are not limited to
a Overhead facilities Poles, towers and other support structures with crossarms, braces, guys and
anchors, electric transmission and distribution lines, fiber optic cable and other lines, cables and facilities
for communications, transformers, street lights, meters, fixtures, attachments and any and all other facilities
or appurtenances necessary or convenient to any or all of the foregoing, and
b Underground facilities Conduits, lines, cables, vaults, switches and transformers for
electricity, fiber optic cable and other lines, cables and facilities for communications, semi - buried
or ground- mounted facilities and pads, manholes, meters, fixtures, attachments and any and all
other facilities or appurtenances necessary or convenient to any or all of the foregoing
WO# 10107232 / RW- 078438
2401 E053 - CITY OF BREMERTON
Following the initial construction of all or a portion of its systems, Grantee may, from time to time, construct
such additional facilities as it may require for such systems Grantee shall have the right of access to the Easement
Area over and across the Property to enable Grantee to exercise its rights hereunder Grantee shall compensate
Grantor for any damage to the Property caused by the exercise of such right of access by Grantee
2 Easement Area Clearing and Maintenance Grantee shall have the right to cut, remove and dispose of
any and all brush, trees or other vegetation in the Easement Area Grantee shall also have the right to control, on a
continuing basis and by any prudent and reasonable means, the establishment and growth of brush, trees or other
vegetation in the Easement Area
3 Grantor's Use of Easement Area Grantor reserves the right to use the Easement Area for any purpose
not inconsistent with the rights herein granted, provided, however, Grantor shall not construct or maintain any
buildings, structures or other objects on the Easement Area
4 Indemnity Grantee agrees to indemnify Grantor from and against liability incurred by Grantor as a result
of Grantee's negligence in the exercise of the rights herein granted to Grantee, but nothing herein shall require
Grantee to indemnify Grantor for that portion of any such liability attributable to the negligence of Grantor or the
negligence of others
5 Abandonment The rights herein granted shall continue until such time as Grantee ceases to use the
Easement Area for a period of one (1) year or more, in which event, this easement shall terminate and all rights
hereunder, and any improvements remaining in the Easement Area, shall revert to or otherwise become the property
of Grantor, provided, however, that no abandonment shall be deemed to have occurred by reason of Grantee's
failure to initially install its systems on the Easement Area within any period of time from the date hereof
7 Successors and Assigns Grantee shall have the right to assign, apportion or otherwise transfer any or
all of its rights, benefits, privileges and interests arising in and under this easement Without limiting the generality of
the foregoing, the rights and obligations of the parties shall inure to the benefit of and be binding upon their
respective successors and assigns
DATED this day of 2012
GRANTOR
CITY OF BREMERTON
BY
PATTY LENT
MAYOR
ATTEST APPROVED AS TO FORM
BY BY
SHANNON CORIN ROGER LUBOVICH
CITY CLERK CITY ATTORNEY
WO# 10107232 / RW- 078438
2401 E053 - CITY OF BREMERTON
STATE OF WASHINGTON )
) SS
COUNTY OF KITSAP )
On this day of 2012, before me, the undersigned, a Notary Public in and
for the State of Washington, duly commissioned and sworn, personally appeared PATTY LENT, to me known to be
the person who signed as Mayor, of the CITY OF BREMERTON, the Municipal Corporation that executed the within
and foregoing instrument, and acknowledged said instrument to be her free and voluntary act and deed and the free
and voluntary act and deed of said Municipal Corporation for the uses and purposes therein mentioned, and on oath
stated that she was authorized to execute the said instrument on behalf of said Municipal Corporation
IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written
(Signature of Notary)
(Print or stamp name of Notary)
NOTARY PUBLIC in and for the State of Washington, residing
at
My Appointment Expires
Notary seal text and all notations must be inside 1 margins
WO# 10107232 / RW- 078438
2401 E053 - CITY OF BREMERTON
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL 45 F
■■ eeeeeeeeeeeeeeeeeeeeeeeeeeeeee eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee eeeeeeeee
SUBJECT: Approval of Statutory Warranty Study Session Date March 14, 2012
Deed for Ostrich Bay Brrve Right -of -Way COUNCIL MEETING Date March 21, 2012
Dedication AveAv-e' Department PW &U
Presenter Gunnar Fndriksson
Phone 473 -2354
SUMMARY: As a condition of approval for the commercial development known as Winco Foods,
Public Right -of -Way dedication was required The new public street will be known as Ostrich Bay
Drive
ATTACHMENTS: 1 Council Summary, 2 Statutory Warranty Deed and 3 Exhibit
FISCAL IMPACTS (Include Budgeted Amount) None
APPROVALS:
DEPARTMENT DIRECTOR �11�
CITY ATTORNEY
FINANCE DIRECTOR
MAYOR
RECOMMENDED MOTION -
Move to approve and authorize the Mayor to finalize and execute the Statutory Warranty Deed for
Ostrich Bay 13n" with substantially the same terms and conditions as presented
A v.&
STUDY SESSION ACTION: (,Co sent Agenda ❑ Gener Business El Public Hearing
COUNCIL PRESIDENT C, /'`
v
COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action
Form Updated 11/02/2011
COUNCIL SUMMARY
WINCO FOODS — Ostrich Bay Drive Right -OF Way Dedication
SUMMARY
Winco Foods LLC has submitted documentation for the dedication of the proposed
public right -of -way to be known as Ostrich Bay Drive This proposed public right -of-
way was originally included in the approved preliminary plat application for the Bay Vista
Development This right -of -way approval typically would have been included in the final
plat approval process However, Bremerton Housing Authority transferred the
responsibility for the right -of -way design, development and construction through a
property sale to Wmco Foods LLC
The development of this public right -of -way is substantially complete and includes
approved water, sewer, storm drainage, public street lighting and planter strips Staff
recommends council approval of the Statutory Warranty Deed for public right -of -way
dedication and compensation in the amount of ten dollars ($10 00)
Statutory Warranty Deed for the purpose of Public Right -of -Way — Wmco Foods, LLC
Council Summary
March 2012
WHEN RECORDED RETURN TO
City of Bremerton
Engineering — Streets & Roads
c/o City Clerk
3456 th Street, Suite 600
Bremerton, Washington 98337
Grantor: Wmco Foods LLC
Grantee: City of Bremerton
Abbreviated Legal Description: A portion of the NW 1 /4 of the SE '/4 of Section 20 Township 24
N , Range 1 E, W M in Kitsap County, WA
Additional Legal Description on page 4 of Document.
Assessor's Tax Parcel ID No. 5580 - 000 - 022 -0001
STATUTORY WARRANTY DEED
Project WINCO FOODS
The Grantor, WINCO FOODS LLC , for and in consideration of the sum of Ten and
NO /100 ($1000) Dollars, and other valuable consideration, receipt of which is hereby
acknowledged, conveys and warrants to the CITY OF BREMERTON, a Washington municipal
corporation, and its successors and assigns, the following described real property situated in Kitsap
County, Washington
For legal description and any additional conditions
See Exhibit A attached hereto and made a part hereof
Page 1 of 4 Statutory Warranty Deed
To have and to hold the above described real property forever
It is understood and agreed that the delivery of this deed is hereby tendered and that the terms
and obligations hereof shall not become binding upon the City of Bremerton unless and until
accepted and approved hereon in writing for the City of Bremerton by the Director of Public Works
& Utilities
The grantors hereby covenant that they are the owner in fee simple and the property is free of
all liens and encumbrances, except any right, title, easement, or encumbrance of record, they have
good and legal right to convey the real property above - described and they will pay all taxes and
assessments due and owing on the property
GRANTOR
DATE
(Notary Acknowledgment Appears on Next Page)
Page 2 of 4 Statutory Warranty Deed
STATE OF WASHINGTON )
) ss
COUNTY OF KITSAP )
On this day of , 2012, before me a Notary Public in and for the State of
Washington, personally appeared , to me known to be the
of , a Washington limited liability corporation that
executed the foregoing instrument, and acknowledged it to be the free and voluntary act of said
corporation, for the uses and purposes mentioned in this instrument, and on oath stated that they were
authorized to execute said instrument
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first
above written
NOTARY PUBLIC, to and for the State
of Washington, residing at
My appointment expires
Accepted on behalf of the City of Bremerton this day of , 2012
CITY OF BREMERTON
by
PATTY LENT, Mayor
PUBLIC WORKS AND UTILITIES
KATY ALLEN, Director
APPROVED AS TO FORM
ROGER A LUBOVICH
City Attorney
R \Legal\Legal\Forms \Public Works \Statutory Warranty Deed - Streets & Roads doc
Page 3 of 4 Statutory Warranty Deed
EXHIBIT "A"
OSTRICH BAY DRIVE R.O.W. DEED DESCRIPTION
THAT PORTION OF LOT 22 OF THE PLAT OF BAY VISTA — PHASE 2
ACCORDING TO PLAT RECORDED IN VOLUME 33 OF PLATS AT PAGES 74
THROUGH 90, IN KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS
BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 22 THENCE ALONG
THE EASTERLY LINE OF SAID LOT 22, SOUTH 24 0 25'06" EAST, A DISTANCE
OF 12 71 FEET TO THE P C OF A CURVE CONCAVE TO THE EAST HAVING A
RADIUS OF 448 00 FEET, THENCE SOUTHERLY, ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 09 AN ARC DISTANCE OF 74 06
FEET, THENCE SOUTH 14 0 56'47" EAST, A DISTANCE OF 72 76 FEET TO THE
P C OF A CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF
627 00 FEET, THENCE SOUTHWESTERLY, ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 28 0 35'38 ", AN ARC DISTANCE OF 312 91 FEET, THENCE
NORTH 46 0 27'35" WEST, A DISTANCE OF 54 00 FEET TO A POINT ON A CURVE
CONCAVE TO THE NORTHWEST, THE RADIUS POINT OF WHICH BEARS
NORTH 46 0 27'35" WEST, A DISTANCE OF 573 00 FEET, THENCE
NORTHEASTERLY, ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
28 0 35'38 ", AN ARC DISTANCE OF 285 96 FEET, THENCE NORTH 14 0 56'47"
EAST, A DISTANCE OF 72 76 FEET, THENCE NORTH 14 0 57'43" EAST, A
DISTANCE OF 30 25 FEET, THENCE NORTH 10 EAST, A DISTANCE OF
26 89 FEET, THENCE NORTH 20 °58'33" WEST, A DISTANCE OF 54 89 FEET TO
THE SOUTHERLY MARGIN OF KITSAP WAY, THENCE SOUTHEASTERLY,
ALONG SAID SOUTHERLY MARGIN, A DISTANCE OF 98 FEET, MORE OR
LESS, TO THE POINT OF BEGINNING,
IN THE CITY OF BREMERTON, KITSAP COUNTY, WASHINGTON
Page 4 of 4 Statutory Warranty Deed
OSTRICH BA Y DRIPE RO. W CONVEYANCE EXHIBIT �
CURVE TABLE
CURVE DEL TA RADIUS LENGTH
C1 9 28 18 44800 7406 i°- i
-NE COP LOT 22
C2 28 35 38' 62700 372
C3 2835'38' 573 28596
v
LINE TABLE N
V
LINE BEARING DISTANCE v
L 1 S24 25 06 W 12 71
L2 X114'57 43 E 3025
L3 N10 20 12'E 2689
LOT 22
Y
G�
SCALE 1 " =60'
0 30' 60' 120'
G
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0� pF WAS t
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E4ISTER�' 44 1Z
slO A'AL LAND 9J
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Resolution No 31 uS Study Session Date March 14, 2012
Authorizing Sole Source Purchase of Flygt COUNCIL MEETING Date March 21, 2012
Dry Pit Submersible pumps for the Department WWTP
Wastewater Sewage Pump Stations Presenter Pat Coxon
Phone 473 -5448
SUMMARY: Authorizing the sole source purchasing of Flygt dry pit submersible pumps allows the
City to standardize its inventory of parts and special tools that will result in lowers costs, attains
greater durability, which will result in a reduction of labor and maintenance costs, and it will also
achieve a reduction in overtime callouts through the elimination of pump plugging This authorization
will be in effect for a period of five (5) years at which time it will be re- evaluated All Flygt pump
purchases through this sole source resolution are subject to City Council approval as may be
required pursuant to BMC 2 76 100(c)
ATTACHMENTS: 1 Proposed Resolution, 2 Commitment Letter and Reference List
Alo, 3165
FISCAL IMPACTS (Include Budgeted Amount) The purchase of the Flygt Dry Pit Submersible
Pumps is budgeted through WWTP /Pump Stations - Capital Improvements Budget - $500,000
Bars #594 35325
APPROVALS:
DEPARTMENT DIRECTOR {
CITY ATTORNEY
FINANCE DIRECTOR
MAYOR �� \
RECOMMENDED MOTION: Move to pass Resolution No 31 tc authorizing sole source purchases
of Flygt Dry Pit Submersible Pumps from Whitney Equipment on an as needed basis
STUDY SESSION ACTION: XConsent Agenda ❑ General usiness ❑ Public Hearing
COUNCIL PRESIDENT 9 ��� �j`• -�
COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action
Form Updated 11/02/2011
RESOLUTION NO. 31&5
A RESOLUTION of the City Council of the City of
Bremerton, Washington, approving and authorizing sole source
purchasing of Flygt dry pit submersible pumps for the wastewater
sewage pump stations
WHEREAS, BMC 2 76 040 establishes bidding procedures for the purchase of
goods and services, and
WHEREAS, pursuant to BMC 2 76 090, the request for bids requirement may be
waived by written determination by the Director that either the materials, supplies, equipment or
services are clearly and legitimately limited to a single source of supply, or that materials,
supplies, equipment or services are subject to special market conditions, involve special facilities
or services, or that a bid would not be otherwise practical or in the City's best interests under the
circumstances, in which instances the purchase price may be best established by direct
negotiation, and
WHEREAS, individual dry pit submersible pumps are a necessary and critical
component of the wastewater sewage pump stations, and
WHEREAS, the City's wastewater division currently has thirty Flygt dry pit
submersible pumps in operation throughout the City's thirty -nine sewage pump stations, and
WHEREAS, sole sourcing Flygt dry pit submersible pumps allows the City to
standardize the inventory parts and tools that will result in lower costs, attains greater durability,
which reduces labor and maintenance costs, and achieves a reduction in overtime due to the
elimination of pump plugging, and
WHEREAS, sole sourcing with Flygt allows the City to go into direct negotiation
for pricing with the vendor, and
WHEREAS, the local sales representative for Flygt dry pit submersible pumps is
Whitney Equipment, 21222 30" Dr SE, Suite 110, Bothell, WA 98021, and
WHEREAS, the City Council desires to waive the request for bids requirement
and authorize sole source purchase of 125 hp or less Flygt dry pit submersible pumps for the
wastewater sewage pump stations from Whitney Equipment, NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY RESOLVE AS FOLLOWS
SECTION 1. The recitals set forth above are hereby incorporated as if set forth
herein in full
1
Sole Source Purchasing —
Flygt Dry Pit Submersible Pumps
SECTION 2. Pursuant to BMC 2 76 090, the request for bids requirement are
hereby waived and are not required for the purchase of 125 hp or less Flygt dry pit submersible
pumps for the wastewater sewage pump stations from Whitney Equipment
SECTIONS. The Department of Public works & Utilities is authorized to
purchase 125 hp or less Flygt dry pit submersible pumps from Whitney Equipment on an as
needed basis, subject to City Council approval as may be required pursuant to BMC 2 76 100(c).
SECTION 4. This waiver shall be for a period of five years at which time the
sole sourcing of 125 hp or less Flygt dry pit submersible pumps will be re- evaluated
SECTION 5. Severabihty If any one or more sections, subsections, or sentences
of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the
validity of the remaining portion of this Resolution and the same shall remain in full force and
effect
SECTION 6. ff ective Date This Resolution shall take effect and be in force
immediately upon its passage
PASSED by the City Council of the City of Bremerton, Washington this day
of , 2012
JIM McDONALD, Council President
APPROVED AS TO FORM ATTEST
ROGER A LUBOVICH, City Attorney SHANNON CORIN, Interim City Clerk
R \Legal\LegaMesolutionsTublic Works \Sole source f lygt pumps doc
2
Sole Source Purchasing —
Flygt Dry Pit Submersible Pumps
T9 y
Ben Scrace
A Commitment to Quali and Service
Mobile. 206 -963 -0332
bscrace ®weci corn
February 13, 2012
Mr Patric Coxon
City of Bremerton
1600 Oyster Bay Ave S
Bremerton, WA 98312
Dear Pat
Enclosed with this letter you will find a copy of our list of Utilities which have chosen to standardize
on Xylem Flygt Pumps. To clarify I used the term 'standardize' rather than the term 'sole-source'
which has been used during conversations between Whitney Equipment and City of Bremerton. By
my definition and understanding standardize are those utilities who want Flygt pumps, specify Flygt
pumps however still are required to go out for bid on Flygt pumps. Their specs may read
Manufacturer: Flygt, no equal but they are still going out to procure the pumps via a bid process
Sole- Source, again my definition and understanding, refers to those utilities that have made a strong
commitment and will pre - purchase with -out bid in order to get equipment. At this point I am in
discussions similar to this one with several cities such as, Bonney Lake, Long Beach and Richland. The
guarantee myself and Whitney Equipment will provide to the City of Bremerton is a standard 10% off
US List Pnce.
Per our contract with Xylem Flygt I cannot provide a copy of our price book; however I can open my
price book to allow verification of list price. All future quotes for pumps and parts will show list price
with a standard 10% discount applied to the sub -total price
If you need any further clarification or have any questions please do not hesitateto contact me
directly at 425 - 486 -9499 Thank you Pat, i look forward to building upon the existing relationship
formed with City of Bremerton
Respectfully,
/ Ben Scrace
Sales Rep /Service Manager/ Jr. Partner
cc. Rick Zimburean — City of Bremerton WW Maintenance Manager
21222 30 1 h Drive SE, Ste 110 www wec► com
Bothell, WA 98021 800 -255 -2580
WHITNEY EQ UIPMENT COMPANY, INC.
21222 30"` Drive S E, Suite 110 Tel (425) 486 -9499
Bothell, Washington 98021 Fax (425) 485 -7409
January 23, 2009
Xylem Flvgt Standardization Reference List
Below you will find those utility departments that have standardized on Xylem Flygt pumps I
will note, Standardize is different than what City of Bremerton is looking at which I refer to as
Sole Source. My definition of the two is Sole Source status is a higher commitment and with
this status comes a predetermined discount off list price To date Bremerton may be the first to
enter into such an agreement Discussions have been had with Bonney Lake, Long Beach, West
Sound Utility District and Vancouver, however to this date discussion is all that has taken place
City of Anacortes City of Ferndale
500 "T" Street/ P O Box 547 Second & Vista / P O Box 936
Anacortes, WA 90221 Ferndale, WA 98248
Contact John Franz (360) 299 -0953 Contact Bo Westford (360) 384 -4301
Birch Bay Water & Sewer District Lake Chelan Reclamation District
7096 Point Whitehom Road 80 Wapato Way
Blaine, WA 98230 Mason, WA 98831
Contact- Mike Sowers (360) 371 -2400 Contact Rod Anderson (509) 687 -3548
City of Bonney Lake City of Long Beach
P O Box 7380 313 6` Street NE
Bonney Lake, WA 98390 Long Beach, WA 98631
Dave Bauman Contact Ralph Warner (360) 642 -3129
(253) 862 -8602
City of Richland WWTP
City of Camas 555 Lacy Road
1620 SE Eighth Ave Richland, Washington 99353
Camas, WA 98607 Contact Bob Hall (509) 531 -2804
Jim Dickinson
(360) 834 -3263 City of Sunnyside
1338 South Fourth Street
City of Centralia Sunnyside, WA 98944
1100 North Tower Ave Contact Don Clift (509) 836 -6567
Centraha, WA 98531
Contact. Greg Boone (360) 330 -7531 City of Vancouver
4500 SE Columbia Way
City of Everson Vancouver, WA 98668
111 West Main Contact Frank Dick (360) 487 -7179
Everson, WA 98247
Contact Don Van Iderstine (360) 966 -0282 City of Washougal
1701 C Street
Washougal, WA 98671
Contact John Roth (360) 835 -2662
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL !;H
■■o 00 mans assomme Won songs@ am mmmm 0 Ono was NOE magazomen 0 0 ass NONE Mae Ronan memo 0 so SOON a Ono a SEEN 1
SUBJECT: Ordinance No S t Study Session Date March 14, 2012
amending BMC Chapter 92 entitled "Office COUNCIL MEETING Date March 21, 2012
of Risk Management" relating to the City Department City Attorney's Office
Safety Officer Presenter Roger A Lubovich
Phone 473 -2345
SUMMARY- The proposed ordinance amends Chapter 2 92 of the Bremerton Municipal Code
entitled "Office of Risk Management" and includes provisions relating to the City Safety Officer
ATTACHMENTS: Proposed Ordinance No , 519 1
FISCAL IMPACTS (Include Budgeted Amount) The Risk Management Fund will pay a stipend of
$300 per month to the City Safety Officer out of existing funds budgeted for 2012
APPROVALS:
DEPARTMENT DIRECTOR
CITY ATTORNEY
FINANCE DIRECTOR
MAYOR l
RECOMMENDED MOTION:
Move to pass Ordinance No SI $ I amending BMC Chapter 2 92 entitled "Office of Risk
Management" relating to the City Safety Officer
STUDY SESSION ACTION: X Consent Agenda ❑ General B siness ❑ Public Hearing
COUNCIL PRESIDENT
COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action
Form Updated 11/02/2011
ORDINANCE NO. 519
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, amending Chapter 2 92 of the Bremerton
Municipal Code entitled "Office of Risk Management" relating to
the City Safety Officer and to provide related updates
WHEREAS, the City Council desires to update provisions of Chapter 2 92 of the
Bremerton Municipal Code entitled "Office of Risk Management" relating to the position of City
Safety Officer and provide related updates to provisions of the chapter, NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS
SECTION]. Section 2 92 020 of the Bremerton Municipal Code is hereby
amended to read as follows
2.92.020 FUNCTIONS.
The Office of Risk Management shall be responsible for
(a) Loss reduction or prevention where such reduction or prevention is cost effective,
(b) Transfer of risks to other parties where feasible through the purchase of insurance,
and /or risk retention through a system of self - insurance and/or participation in programs
providing pooled coverage, in whatever combination is most responsible and cost effective,
(c) Coordination and handling of all claims, including workers' compensation claims,
(d) Coordination with other City departments, through the
City's Safety and Health Committee and City Safety Officer of an effective employee safety
program within the City, and
(e) Writing interdepartmental rules as he or she deems appropriate for the
implementation and administration of this chapter
SECTION2. Section 2 92 030 of the Bremerton Municipal Code is hereby
amended to read as follows
2.92.030 RESPONSIBILITY — SAFETY, LOSS REDUCTION,
PREVENTION.
(a) The Risk Management Specialist shall be responsible for risk identification,
analysis and control and shall tea- assist the City's Safety and Health Committee and
City Safety Officer with tt- ,development and administration of the City's Safety Program
(b) The Risk Management Specialist will evefsee a nd assist the City's Safety and
Health Committee and City Safety Officer to provide safety training to all City employees and
ensure that required certifications for employees are kept current He or she shall also become
actively involved in the ongoing training programs provided by Human Resources and other
departments and ensure that a portion of that training is on safety awareness and loss prevention
(c) The Risk Management Specialist is a permanent member of the City's Safety and
Health Committee and shall e �°�fsee and work with the Committee to ensure compliance with all
1
Office of Risk Management
applicable WISHA directives, provide input, and offer advice and assistance in helping the
Committee to achieve its stated goals The Risk Management Specialist shall maintain the file of
minutes of each Committee meeting
(d) The City Attorney shall advise and recommend to all City departments
appropriate contractual clauses providing for indemnity, hold harmless and insurance provisions
The Risk Management Specialist shall review all proposed City contracts, permits and leases to
ensure that all contractual provisions relating to insurance, indemnity and hold harmless
provisions adequately protect the City
(e) The Mayor shall have the authority to appoint and remove a City Safety Officer
The City Safety Officer may be an employee or a contract position If a City of Bremerton
employee, the appointed City Safety Officer shall report directly to his/her Department Director
and shall perform the duties of City Safety Officer as established by policy by the Mayor
SECTION 3. Severabdity If anyone or more sections, subsections, or
sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not
affect the validity of the remaining portion of this Ordinance and the same shall remain in full
force and effect
SECTION4. Effective Date This ordinance shall take effect and be in force ten
(10) days from and after its passage, approval and publication as provided by law
PASSED by the City Council the day of , 2012
JIM McDONALD, Council President
Approved this day of 9 2012
PATTY LENT, Mayor
ATTEST APPROVED AS TO FORM
SHANNON CORIN, Interim City Clerk ROGER A LUBOVICH, City Attorney
PUBLISHED the day of , 2012
EFFECTIVE the day of , 2012
ORDINANCE NO
R \Legal \Legal \Ordinances \Risk \Chapter 2 92 Risk Management - Safety Officer doc
2
Office of Risk Management
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL sor
SUBJECT: Ordinance No 518a Study Session Date March 14, 2012
amending Section 10 04 034 of the COUNCIL MEETING Date March 21, 2012
Bremerton Municipal Code entitled Department City Attorney's Office
"Inattention to Driving " Presenter Roger A Lubovich
Phone 473 -2345
SUMMARY: The proposed ordinance amends Section 10 04 034 of the Bremerton Municipal Code
to revise and update language related to inattentive driving
ATTACHMENTS- Proposed Ordinance /Vo . 518x.
FISCAL IMPACTS (Include Budgeted Amount) None
APPROVALS:
DEPARTMENT DIRECTOR
CITY ATTORNEY
FINANCE DIRECTOR
MAYOR
RECOMMENDED MOTION: Move to ap rove Ordinance No 51 amending Section 10 04 034
of the Bremerton Municipal Code entitled "Inattention to Driving "
STUDY SESSION ACTION ' Consent Agenda ❑ General Business ❑ Public Hearing
COUNCIL PRESIDENT GPI C r y'
COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action
Form Updated 11/02/2011
ORDINANCE NO. 51 8A
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, amending Section 10 04 034 of
the Bremerton Municipal Code entitled "Inattention to
Driving "
WHEREAS, the City Council desires to amend Section 10 04 034 of the
Bremerton Municipal to revise and update language relating to inattentive driving, NOW
THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS
SECTION 1. Section 10.04 034 of the Bremerton Municipal Code entitled
"Inattention to Driving" is hereby amended to read as follows
10.04.034 INATTENTION TO DRIVING.
(a) .
"Inattenti-ve maaner-" fneans sueh a manner- so as to fail to maintain a ear-eftil lookout adequate to It is unlawful for any person to operate a
motor vehicle in an inattentive manner For the purposes of this section, "inattentive manner"
means the operation of a motor vehicle in such a manner which evidences a lack of the degree of
attentiveness required to safely operate the vehicle under the prevailing conditions of the
roadway, presence of other traffic, presence of pedestrians, presence of traffic control devices or
si njtage, presence of property, and/or weather conditions
(b) The offense of operating a vehicle in an inattentive manner shall be a lesser
offense than, but included in, the offense of operating a vehicle in a negligent manner under
RCW 46 61525, and any person charged pursuant to RCW 46 61 525 may be convicted of the
lesser offense of operating a vehicle in an inattentive manner
(c) Violation of 10 04 034 shall constitute a civil infraction subject
to a penalty of $124 00
SECTION 2. Severability If anyone or more sections, subsections, or
sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not
affect the validity of the remaining portion of this Ordinance and the same shall remain in full
force and effect
SECTION 3. Effective Date This ordinance shall take effect and be in force ten
(10) days from and after its passage, approval and publication as provided by law
PASSED by the City Council the day of , 2012
JIM McDONALD, Council President
1
Inattention to Driving
Approved this day of , 2012
PATTY LENT, Mayor
ATTEST APPROVED AS TO FORM-
SHANNON CORK Interim City Clerk ROGER A LUBOVICH, City Attorney
PUBLISHED the day of 9 2012
EFFECTIVE the day of , 2012
ORDINANCE NO
R \Legal\ Legal \Ordi nances\legal\Inattention to Driving doc
2
Inattention to Driving
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
■■ eoeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeseeeeeeaee�eeeeeeseseeseee
SUBJECT: Purchase of Playground Study Session Date March 14, 2012
Equipment from Cascade Recreation COUNCIL MEETING Date March 21, 2012
Department Parks and Rec
Presenter Wyn Birkenthal
Phone 473 -5752
SUMMARY: The Kiwanis Park Redevelopment project includes a new ADA accessible playground
with separated areas for older and younger children The play equipment selected for the project has
been bid through the King County Directors Association (KCDA) group purchasing contract The low
bidder is Cascade Recreation of University Place, WA - in the amount of $68,808 56 including
Washington State sales tax The bid price is 10% below the manufacturer's 2011 list price for the
play equipment components Cascade Recreation has agreed to waive shipping charges for this
purchase
ATTACHMENTS: A Playground Rendering
B Itemized Bid from Cascade Recreation
C KCDA Playground Equipment Award Summary
FISCAL IMPACTS (Include Budgeted Amount)
The Kiwanis Park and Green Streets project is budgeted in the 2012 Parks Dept Capital
Improvement Plan in the amount of $68,808 56
APPROVALS:
DEPARTMENT DIRECTOR
CITY ATTORNEY
FINANCE DIRECTOR
MAYOR
RECOMMENDED MOTION.
Move to award bid of Kiwanis Park playground equipment to Cascade Recreation in the amount of
$68,808 56 including Washington State sales tax and authorize the Director of Parks and Recreation
to purchase the equipment
STUDY SESSION ACTION: X Consent Agenda ❑ General usiness ❑ Public Hearing
COUNCIL PRESIDENT
COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action
Form Updated 11/02/2011
PRWIT ; -
n� - - •f+� - _ r - fir . - ::_mss •w�ss:. r
RECREA -un, /NC. _ remerton A :W� f
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" br i ) r r3 ci. `+ 1 'lea f A"• -4, .T t. • ;'a,' �'s: 1 j i
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re.
KCDA Contract Information - Cascade Recreation Page 1 of 2
KCDA Contract Information
Contract Playground Equipment and Matting
KCDA Bid Number 12 -315
Contract Expiration Date February 14, 2013
Number of Annual Renewals none
Awarded Vendor Cascade Recreation, Inc Award Letter
Approved Products /Services: For All of WA, OR and North ID
Bedford/ Foresite
Site Amenities, Materials and Installation
Click Here for Brochure
Big Toys
Playground Equipment, Materials and Installation
Fibar Wood Fiber Surfacing
Materials and Installation
Click Here for Technical Briefing Buver Protection Plan
Landscape Brands
Site Amenities, Materials and Installation
Click here for Catalog
RB Rubber Matting
Materials and Installation
Click here for Catalog
Sitescapes
Site Amenities, Materials and Installation
Click here for Catalog
Xccent Play
Playground Equipment, Materials and Installation
Primary Vendor Contact )ill Thorsen, Sales Representative
phone (888) 280 -8010
e -mail: till @cascaderec corn
Website•
1�44r Ilttmni ��nan n «../VOn A A .......A_A
KCDA Contract Information - Cascade Recreation Page 2 of 2
Order Placement/ Processing: KCDA Purchasing Cooperative
Attn. Brian Fawcett
Phone 800 - 422 -5019, 425 - 251 -8115, ext 127
Direct Line 425 - 282 -0677
Fax 253-395-5402
email bfawcett@kcda org
Required Public Works Procedures: Click on Customer and KCDA Responsibilities
Pricing: Net Pricing Listlncluding Installation
Award Summary Bidder Response Evaluation Summary
Tabulation/ Evaluation:
Bid Information- Cover Page
Terms and Conditions
Mandatory Bid Documents - Signature Page
Mandatory Bid Documents - Attachement A
Website Posting Certificate
Proof of Advertising: Washington Bid Advertisement
Oregon Bid Advertisement
KCDA Authorizing Statutes: Revised Code of Washington 28A 320 080,Cooperative
Purchasing
Revised Code of Washington 39 34, Interlocal Government
Agreements
Oregon Applicable Statute: Oregon Revised Statute 279A 210, Joint Cooperative
Procurements.
A *"� Quote
CASC�ID� Date Estimate #
RECREATION, INC. 2/17/2012 678
PO Box 64769
University Place, WA 98464
(253) 566 -1320
Fax # (253) 566 -11
info @cascaderec com Terms. Net 20 days upon approval of credit.
www cascaderec com Lead Time: 4 -5 weeks unless specifically stated.
Pricing good for thirty days and does not include surfacing,
TO: Bremerton Parks, City of border or installation unless specifically stated Davis Bacon
Colette Berna and Prevailing Wage fees are not included, please call for
680 Lebo Blvd pricing See terms and conditions for more information
Bremerton, WA 98310
Description Qty Price Total
RE Kiwanis Park Revised quote KCDA Bid #12 -331
BigToys Structure, Q8730W - Natural Colors This structure 1 15,821 96 15,821 96T
designed for 2 -5 year olds
10% KCDA discount 1 -1,58220 -1,582 20T
BigToys Structure Q8760 - Natural Colors This structure 1 51,340 60 51,340 60T
designed for 5 -12 year olds
10% KCDA discount 1 -5,13403 -5,134 03T
BigToys model IS -82 -21321- Inline Swing 8' with 2 Belt & 2 1 2,51700 2,517 OOT
Infant Seats w/ Green Posts
10% KCDA discount 1 -251 70 -251 70T
BigToys model MBT 430 Synchro Pod 1 72000 720 OOT
10% KCDA discount 1 -7200 -72 OOT
*Freight for all BigToys will be free if order is placed by
November 30th, 2011 Delivery time is approximately 4 -5
weeks
Quoted by Brett Oliver
Acceptance of Proposal and Terms and Conditions of Sale Subtotal $63 ,35963
Signature Sales Tax (8.6 %) $5,44893
PO# Date 'Total
$68,808.56
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL (P A
■■ eeeeeeeeeeeeeeeeeeeeeeee eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeseeee eeeeee
SUBJECT: Joint Agreement for ferry Study Session Date 3/14/12
service during the summer COUNCIL MEETING Date 3/21/12
Department Finance
Presenter Becky Hasart
Phone (360) 473 -5722
SUMMARY: Approval of a point agreement between the City, City of Port Orchard, the Port of
Bremerton and Kitsap Harbor Tours for ferry service on Sundays and Holidays from Memorial
Weekend to Labor Day Weekend
Kitsap Transit, because of fiscal and union requirements, does not operate at all on Sunday's or Holiday's
This agreement, does not supplant any Kitsap Transit funding The agreement does subsidize the operation of
the boat at $146 25 /hr The contract specifies the days and hours KHT operates under this agreement KHT
charges $2 each way for adults and children over 5 which is deducted from the cost to operate the number of
hours that day The net cost (or profit) is divided equally between the three agencies
Last year the City paid $4,780 76 to Kitsap Harbor Tours and received refunds of $1,062 17 for a total net
expense of $3,718 59 Memorial and Labor Day weekends are the big draws that generate a refund back to
the agencies By having the DBA, businesses and other organizations begin to advertise now, the more likely
the ridership will increase on those Sundays affording the opportunity of a reduction in cost to the City Sales
tax generated from the Sunday /Holiday shopping should also offset the cost Additionally, it is the motivation
behind adding the Bremerton Farmers Market on Sundays at the Harborside
ATTACHMENTS: Email from Port and Draft Agreement
FISCAL IMPACTS (Include Budgeted Amount) $ 7,900 has already been approved in the 2012
Budget for this item
APPROVALS:
DEPARTMENT DIRECTOR
CITY ATTORNEY
FINANCE DIRECTOR
MAYOR
RECOMMENDED MOTION:
Move to approve the point agreement for summer Sunday and Holiday ferry service and authorize the
Mayor to finalize and execute the agreement with substantially the same terms and conditions as
presented
STUDY SESSION ACTION: ❑ Consent Agenda XGeneral siness ❑ Public Hearing
COUNCIL PRESIDENT - c( 5(,
COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action
Form Updated 11/02/2011
Shannon Corin
From: Ginger Waye [GingerW @portofbremerton org]
Sent: Thursday, March 08, 2012 5 39 PM
To: 'Brandy Rinearson'
Cc: Tim Matthes, Brian Sauer, City Clerk, Steve Slaton, Tim Thomson
Subject: RE Joint Agreement for Foot Ferry Service
Hi Brandy,
Thank you for providing the draft point foot ferry agreement for review The Port suggests the
following revisions /additions
1 There will be no Kitsap Harbor Festival events on Monday, May 28 so there is no
need for ferry service and that day can be removed from the Monday /Holiday
Services
2. Paragraph 3.b for the Port's address for invoices, please replace Steve Slaton's name
with Accounts Payable
3. Signatory for the Port will be Tim Thomson, CEO, and I will attest his signature
The Board of Commissioners approved this funding in the 2012 budget, we look forward to
receiving a finalized agreement for signature after approval by the two cities
Ginger McKenzie Waye
ExecutiueAsssstant
Port of Bremerton
36o 674.2381 x 12
From: Brandy Rmearson ( madto :bnnearson @cityofportorchard.us]
Sent: Thursday, March 08, 2012 11:53 AM
To: 'city.clerk @a.bremerton.wa.us'; Steve Slaton
Cc: Ginger Waye; Tim Matthes; Brian Sauer
Subject: Joint Agreement for Foot Ferry Service
Good morning,
Please find attached a draft point agreement between the City of Bremerton,
City of Port Orchard, and the Port of Bremerton regarding foot ferry service
It is my understanding that the parties are interested in sharing the costs of
providing foot ferry service on Sundays during the summer, as well as for some
Festival /Event Mondays and /or Holidays.
I would ask that each entity review the draft agreement and provide me with
any changes Upon receipt of receiving all entities changes and approval, I will
finalize the agreement with Kitsap Harbor Tours and provide each entity with a
signed original agreement for your files.
Please let me know if you have any questions
Best Wishes,
Brandy Rinearson, CMC
Interim City Clerk
City of Port Orchard
Direct (36o) 876 -7030
Fax (36o) 895 -90 �9
JOINT FOOT FERRY SERVICE AND FUNDING AGREEMENT
CITY OF PORT ORCHARD CONTRACT NO.0 * * -12
This Agreement is dated for reference purposes May 1, 2012 and is entered into by and between
the City of Port Orchard, a municipal corporation, (City), City of Bremerton, a municipal corporation,
(City), and the Port of Bremerton, (Port District) and Krtsap Harbor Tours, LLC
RECITALS
WHEREAS, beginning in 2008 Krtsap Transit ceased providing foot ferry service on Sundays
and limited service on Holidays between the City and the City of Bremerton, and
WHEREAS, the Cities and the Port recognizes the desirability of providing foot ferry service
between the City of Port Orchard and the City of Bremerton on Festival Mondays and all Sundays during
the summer starting Sunday, May 27, 2012 and ending Monday, September 3, 2012,
Now, therefore, the parties agree as follows
AGREEMENT
1 Foot Ferry Service Schedule Krtsap Harbor Tours shall provide foot ferry service
between City and City of Bremerton for the following dates
Sunday Services between the hours of 9:00 a.m. and 8:00 p.m.:
May 27, 2012
June 3, 10, 17 and 24, 2012
July 1, 8, 15, 22, and 29, 2012
August 5, 12, 19, and 26, 2012
September 2, 2012
Event Monday/Holiday Services:
Krtsap Harbor Festival, May 28, 2012 for the hours of 9 00 a m. to 4 00 p in
Fathoms O'Fun, July 4, 2012 for the hours of 3 00 p in to 11 00 p m
Blackberry Festival, September 3, 2012, for the hours of 10 00 a in to 6 00 p in
2 Foot Ferry Costs and Charges
a The foot ferry service will be available to the general public on the hours and
dates set forth above at a cost of $2 00 per person each way for adults and children over the age of 5
Children under the age of 5 shall ride free
b The cost for Krtsap Harbor Tours to operate the foot ferry service is $146 25 per
hour
3 Billing and Payment Krtsap Harbor Tours shall generate a monthly invoice in
accordance with the following terms
a The cost to operate the foot ferry on a monthly basis ($146 25 x the number of
hours of operation) shall be reduced by the amount of revenue collected from ferry passengers and the net
amount shall be billed in equal one -third shares to City of Port Orchard, Port of Bremerton, and City of
Bremerton
of total costs: b. All invoices payable shall be addressed to the following representing a 1/3 share
City of Port Orchard, City Clerk, 216 Prospect Street, Port Orchard, WA 98366
City of Bremerton, Finance Director, 345 6 Street, Suite 600, Bremerton, WA 98337
Port of Bremerton, Steve Slaton, 8850 SW State Hwy 3, Bremerton, WA 98312
All invoices shall be paid by separate entities within sixty (60) days of receipt of a proper invoice
4 Licenses and Training Krtsap Harbor Tours represents and warrants that it has the
requisite training, skill and experience necessary to provide the services under this Agreement and is
appropriately accredited and licensed by all applicable agencies and governmental entities
5 Notices Any notices required to be given shall be in writing and delivered to the parties at
the following addresses
City of Port Orchard Rick Leenstra, Jr
Brandy Rmearson Krtsap Harbor Tours
216 Prospect Street 14555 Olympic View Loop Rd NW
Port Orchard, WA 98366 Silverdale, WA 98383
City of Bremerton Phone (360) 692 -1846
Finance Director Fax (360) 307 -0140
345 6` Street, Suite 600
Bremerton, WA 98337
Port of Bremerton
Steve Slaton
8850 SW State Hwy 3
Bremerton, WA 98312
6 Indemnification Krtsap Harbor Tours shall defend, indemnify and hold the entities, its
officers, officials, employees and volunteers harmless from any and all claims, mjunes, damages, losses
or suits including attorney fees, ansmg out of or resulting from the acts, errors or omissions of Krtsap
Harbor Tours, its agents, employees, or sub consultants in performance of this Agreement, except for
injuries and damages caused by the sole negligence of the City This indemnification and hold harmless
shall apply regardless of whether the claim is brought pursuant to the Worker's Compensation Act, RCW
Title 51, or otherwise, and Krtsap Harbor Tours waives any immunity whatsoever with respect to such
indemnification
7 Insurance Krtsap Harbor Tours shall procure and maintain for the duration of the
Agreement, insurance against claims for injuries to persons or damage to property which may anse from
or in connection with the performance of the services to be provided hereunder by Krtsap Harbor Tours,
its agents, representatives, or employees Krtsap Harbor Tours' insurance coverage shall be primary
insurance as respect the entities Any insurance, self - insurance, or insurance pool coverage maintained by
the entities shall be excess of Krtsap Harbor Tours' insurance and shall not contribute with it Krtsap
Harbor Tours' maintenance of insurance as required by this Agreement shall not be construed to limit the
liability of Krtsap Harbor Tours to the coverage provided by such insurance, or otherwise limit the entities
recourse to any remedy available at law or in equity
Krtsap Harbor Tours, LLC
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8 Extent of Agreement/Modification This Agreement, together with attachments or
addenda, represents the entire and integrated Agreement between the parties hereto and supersedes all
prior negotiations, representations, or agreements, either written or oral This Agreement may be
amended, modified or added to only by written instrument properly signed by both parties
CITY OF PORT ORCHARD KITSAP HARBOR TOURS, LLC
By By
Timothy C Matthes, Mayor Name
Date Title
Attest Date
By
Brandy Rmearson, Interim City Clerk
CITY OF BREMERTON
By
Date
Attest
By
PORT OF BREMERTON
By
Date
Attest
By
Kitsap Harbor Tours, LLC
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