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HomeMy WebLinkAbout03/21/2012 AGENDA ti� CI GP�r'7 C�t3�l i 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 L --) 3 Clq 41,p/l / 6AI S' 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 2 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 3 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 4 " 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 5 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 Enclosures i I � I 70,2 I ' _ _ 3 - I ` 1 ft Easement E ft Easement uired 621372 Reyuued I 155586 � � \\� Area ^ 317.51 :. ` � _ I —M M— M M 3 - - - -- i - S S b o S88 °20'16 "E s " ' 15' M ' ssssos Lx 1PTH STREET_ - -- _ �� -- -- � 621370 Srte Plan e I W �I / a I o C3 a C) I c ip( 30 E S om rein A g _ R mnmo a. ' E n o R Mm Avenie Road NManhg 4 YO,6pQ1C •••••® M® RealQuest.com ® - Report Page 1 of 1 Street Map Plus Report iC> core! nqir For Property Located At RealQi_ est ?toressionai 1114 WARREN AVE, BREMERTON, WA 98337 -1607 L � ;'{ -� e : S` �<i `t+.i ;a'�`Si ,w xrt E .. �� i s ' '" ♦ 4c 9-�� z i `rt.s F'., „ „ r +� i _ - - - - -_ w ; : , Via J' ',y1f we'`r. 'azaa� ✓ + � - �.- "''.,3� ..x' +�..!.._ , raa i i a E�`' �' s a.�_ .� s .� s„�'tu "�'�' -"' sw� ,� � �'-' --' _ ry - , ��.- ....�y�,.,,.r<tf�i•�= - rt_, .. °�. � J :•� r; �,' �,�;.�. • t ..iii t.�ry .�_,>' ;`� , w, r + Y� � �,�.` s NL` '�,�; s °,�„ -�, -. ��f > }'i tnsxs - ✓k; _ -� s x Viz!« �``"`'" a... 4�. �„ • [..r - f�.h ,:.i�:�q s�N�rv'�, .a x °a� c � w '�� ^''� �.- """"�'""" "'°�."' '.3�„' �', �_.� � Y$'��..r! � k'-.:y o t�tP:aa»n;�e.,, = y `>�rt +,.2. -•n�� ! r -xi�a r'y77 +y a r>F z http / /pro realquest com/jsp /report jsp &client =& action= confirm &type= getreport &recordn 3/31/2011 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 .6 L 0� pF WAS t �. 27195 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 - .`^ S L � 71'' Si pp it i • +r '_��t�� k +` H R Y'f •. �• c., � � �•��� j �� ) � y� as 1 +qti ?: ;` �. �Si �,! • � : r y � " br i ) r r3 ci. `+ 1 'lea f A"• -4, .T t. • ;'a,' �'s: 1 j i •� . �`, }F a'L. _ _ �" � . , t ..fir' . �' .� i �I • ": o i.���� - ' Si 1 K (��k S r • , oub x i 7 � 141 ►� ' ! % -' k„�w 3 • � WM MA � � _ _� _� '� �,,- �. filr•. '�� -�.. � �� , - .fir - �° t4 1 41 .` - .. 3 F ';yam •, �, - r , Ftiti - - rta 'od +TaYle i ench �:+es.» _� � � t� D�ub1e�S6�e ♦ (•,+� Tri�� ��` �, ' -77 77T fir •'Y,. - .: _. y- ,..,�,'„�'� , rn 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 Page 2 of 3 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 Page 3 of 3