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HomeMy WebLinkAbout09/18/2013 AGENDA r � { M i CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337 ❑ Phone (360) 473 -5280 SEPTEMBER 18, 2013 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 BPD BRIEFING — City of Bremerton Police Chief Steve Strachan 5 LEGISLATIVE ISSUES UPDATE — Legislative District No 26 Representative Jan Angel 6 PUBLIC RECOGNITION 7 CONSENT AGENDA A Claims & Check Register B Minutes of Meeting — September 4, 2013 C Ordinance No 5223 to repeal and replace Chapter 10 40 of the Bremerton Municipal Code (BMC) with Chapter 10 20 entitled "Commute Trip Reduction Plan" D Institutional Controls Plan and Environmental Covenant for former Chevron Property 8 PUBLIC HEARINGS A 1 of 2 Public Hearings to approve Letter of Agreement and Lease for Pendergast Park Soccer Field with West Sound FC Premier Soccer Club No action until 2" Public Hearing 9 GENERAL BUSINESS A Acceptance of Improvements for the Kitsap 9/11 Memorial, and Agreement for Transfer of two World Trade Center Steel Beams 10 COUNCIL MEMBER REPORTS 11 ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING ® Americans with Disabilities Act (ADA) accommodations provided upon request Those requiring special accommodations please contact the City Clerk at (360) 473 -5323 by noon on the day preceding the Meeting proclamation WHEREAS, bullying is physical, verbal, sexual, or emotional harm or intimidation intentionally directed at a person or group of people, and WHEREAS, bullying occurs in neighborhoods, playgrounds, schools, and through technology, such as the Internet and cell phones, and WHEREAS, various researchers have concluded that bullying is the most common form of violence, affecting millions of American children and adolescents annually, and WHEREAS, targets of bullying are more likely to acquire physical, emotional, and learning problems and students who are repeatedly bullied often fear such activities as riding the bus, going to school, and attending community activities, and WHEREAS, children who bully are at greater risk of engaging in more serious violent behaviors, and WHEREAS, children who witness bullying often feel less secure, more fearful, and intimated NOW THEREFORE, I, Patty Lent, Mayor of the City of Bremerton do hereby proclaim October as Bullying Prevention Month, and encourage students, parents, recreation programs, religious institutions, and community organizations to engage in a variety of awareness and prevention activities designed to make our communities safer for all children and adolescents Signed this 18 day of September 2014 Mayor Patty Lent Proclamation Whereas America's system of public lands includes parks, unique landscapes, forests, wildlife refuges, historic trails, natural streams and wetlands, nature centers, gardens and other landmark areas throughout the nation that individually and collectively represent irreplaceable national resources, and Whereas Public lands provide locally accessible natural and cultural resources for environmental learning, wildlife appreciation and recreation, and Whereas Shared stewardship requires the goodwill, volunteerism, cooperation and active support of citizens, community, city and state officials, business leaders, children and adults, and Whereas Recreation opportunities offered by public lands help families lead a more active lifestyle and reduce the incidence of childhood obesity, and Whereas An alliance between private citizens, land managers and community leaders improves the condition of publicly held lands for the greater enjoyment and enrichment of all Americans, and Whereas National Public Lands Day, co- sponsored by the National Environmental Education Foundation, the Bureau of Land Management, the Bureau of Reclamation, the Department of Defense, the Environmental Protection Agency, the National Park Service, U S Army Corps of Engineers, the U S Fish and Wildlife Service and the USDA Forest Service, has become an annually anticipated event for local participation on publicly held lands in Bremerton NOW, THEREFORE, I Patty Lent, Mayor of the City of Bremerton, do hereby proclaim September 29, 2013 as National Public Lands Day and call upon the people of Bremerton to recognize and participate in this special observance Signed this 18 day of September 2013 Patty Lent, Mayor "79 M OW youth wellness campus The Youth Wellness Campus (YWC) is a non - profit public - private partnership in the initial stages of development The Campus stands at the northern boundary of Bremerton on the now abandoned school district's East High campus When the YWC is complete, it will represent a $23+ million dollar investment in our community's youth and it will be home to leading organizations and programs serving children of all ages OUR MISSION - Change the Yves of children and families through collaborative partnerships that advance education, nutrition and overall health $8 million dollars towards YWC development has been secured through a $4 million dollar capital campaign lead by the Boys & Girls Club of South Puget Sound and Lindquist Dental Clinic for Children Their co- located facility is under construction and will be open for operations in September 2013 The final phase of the project will be construction of the new Bremerton School District's child nutrition services kitchen This will be completed in 2016 and represents an additional $4 million dollar investment in the project Current partners in the project include the City of Bremerton, Bremerton School District, Kitsap Public Health District, Boys & Girls Club of South Puget Sound and Lindquist Dental Clinic for Children As the project advances, there will be partnerships with early learning and educational groups, sports and fitness organizations, health care agencies, arts and music programs and, collaborative efforts with local chefs and farmers To help offset some operational costs of the campus, a small year -round marketplace featuring local food products will be developed The cutting -edge green architectural design of the site includes a number of working gardens some of which will produce food for the Bremerton School District's nutrition program The master plan for the seven acre campus is the vision of world- renowned architect and Kitsap native Steven Holl Holl graduated from Bremerton's West High in 1966 and today is a celebrated architect with projects completed around the world The crown -jewel of the campus will be a building designed to house services for youth, chosen by youth, and if possible, managed by youth Holl has also designed an open -air music and performance pavilion for the campus Development of the property includes renovation of the existing gymnasium. The campus has captured the hearts and minds of community leaders throughout the region Just recently, the Youth Wellness Campus received a $1 million dollar grant from the C. Keith Birkenfeld Memorial Trust managed by The Seattle Foundation The grant, payable over three years, will be used to for our ongoing capital campaign and to leverage additional investments in the project The overall campaign goal is approximately $18 million dollars and includes several years of operating funds Additional sources of funding for our capital and operational needs will come through individual giving and foundation, corporation, local, state and federal grants and appropriations Completion of the YWC is projected for 2016 and is based on available funding For more information about the YWC please contact Patricia M Hennessy, Executive Director at 360 337 0716, patricia @youthcampus org visit our website — www youthcampus org 9 -13 YWC FACT SHEET Lr cs - youth wellness campus dtannn0 eArtnuo, nutrrtwn ad merd 4pltn INCUp alWCarHne Ortnnrsl7pz Bremerton School District — Student Survey As of April 1, 2013 1,963 students were enrolled Mountain View Junior High School and Bremerton High School All students had an opportunity to participate in taking the survey 992 surveys were returned, Just over 50 1 /6 of the student population at the schools Here is the tally of their responses • Who Responded Male-47% Female-53% • Age Range 11 -17 Grade Range 6 th _ 12 • Younger Siblings Yes — 67% No — 26% No Response — 7% • Do you think the things you are learning in school are going to be important for you later in life? 55% Very important 34% Fairly important 7% Not at all important • Of the activities listed below, which ones would you like to see on the Youth Wellness Campus? Listed in order of popularity- students could make more than one choice ACTIVITY % REQUESTED Team Sports /Fitness Classes 56% Music Classes 43% Art Classes 39% Cooking or Nutrition Classes 36% Volunteer Opportunities 24% Homework Help/Tutoring 18% Environmental Programs 13% Gardening /Farming 12% Health Information 12% Meetings with Community or Business Leaders 7% • How often do you think you would visit the campus if the activities you listed above were available to you and your friends? 21% Daily 26% 2 -3 times per week 27% 1 time per week 16% 2 -3 times per month 8% 1 time per month 2% not at all . .^ nj youth wellness campus � t . 9/18/2013 ' • ; �yr h }. � R i 4F coo�ctwG TN�ATI�C . ' /befits isv RNt� DEL'{ �. �...� ' , � 5 ��N �tG ��� �N •�'� dam' ' ,�� "���� rt �ESVN9 1 Gout MCtA rr �tt `a'f� Fjv LTA j I :awcoo _ b N �ncficv901w) !/ ,i �% �oVr�l�cl(h�5s gs7Ffi� YG^,af 5 p pcu STAK MVSiG PAViLIOhl 7J -t53Pl _ .G'vf!.D �A) S HO It �o 2 9/18/2013 What do the kids want? ACTIVRT %REQU Team Sports /Fitness Classes 56% Music Classes 43% Art Classes 39% Cooking /Nutrition Classes 36% Volunteer Opportunities 24% PFRI low Homework tal l Programs 113% % En youth wellness campus Environmental nta Progrms 3 Gardening /Farming 12% adranong edutalma nutrition and overall hrdth through cdaborotire partnerships Health Information 12% THANK YOU Meetings with Community /Business Leaders 7% se�.�ndemsam oxmue. i:•c.a<+edmmronzms www youthcompus org youth weaness campus 3 These horrific events of September 11th were carried out by graders were chosen because they would have been bom the commandeering four fateful flights Jetliners, full of explosive same year as 9 -11 These tiles are symbolic of our next generation rs O R 1 E S OF 9/11/2001 fuel, were an unprecedented weapon It was the pilots flight of heroes They are our future If we teach our children today what attendants and passengers who were some of the first inno- it means to be a hero using the actions of others from yesterday, cent victims Their fate was wholly contained in a speeding they will be the heroes of tomorrow without question KI'TSAP metal tube that was only 16 feet in diameter This happens to Firefighter Greg Hansson was on the 35th floor of the North tower be the same diameter of the innermost ring of granite stories when he received the directive to evacuate Turning to his men he in the memorial Additionally recessed in the center of the ordered them to drop their gear and get out On the way down they 9-11 memorial are seven granite squares that are of the same size encountered a large man who had become overwhelmed and and spacing as a row of seats in a Boeing 767 We honor unable to walk Greg sent his men on and joined the struggle to those who were aboard these four flights, grieve their loss save him Someone found a chair and a belt, and strapped him in and pay special tribute to those aboard Flight 93 who heroi- It was painful and useless Finally they lust drug him by his legs NEMORAL cally took control and averted additional carnage at the hands down the stairs They had to keep moving The building was not of these radical terrorists stable At the mezzanine, they headed across the plaza Firefighter Ed Beyea and Abe Zelmanowitz had worked in side -by -side John D'Allara went first Looking up he watched for falling bodies cubicles in the North Tower for 12 years Ed was a quadriple- and fluttering sheets of metal When clear, the group ran with the gic and had only made it as far as the stairway in his motor- man locked in their arms As they entered the safety of an adjacent s ized wheelchair Abe quickly recognized that navigating 27 building the North Tower came crumbling apart in a violent storm flights of stairs would be a daunting task for Ed So, Abe at 10 28 AM waited with his friend at the stairway "Don't worry," Abe At the center of the memorial are two steel beams that had plum - r would say, 'The firemen will come and help us go down " meted to the ground in the crashing and crumbling of the twin ` When firefighters did arrive, they were intent on reaching the towers They are aligned north and south, and positioned in rela- fires above Firefighters would ask Abe, 'Why don't you go ?" tion to each other in the same way the north tower and south tower f Abe always replied, No, I'm staying with my friend " Many were to one another When viewed from the east or the west, they fleeing individuals would later recall this large man patiently lean inward form an arch and remind us of Ground Zero But N -- waiting in a wheelchair with his friend When the order came when viewed from the north or the south, they are straight and _ for the firefighters to evacuate the North Tower it is unlikely erect as they were before 9 -11 Importantly, they stand proudly that Ed was far below the 27th floor But there is no doubt upright They are our symbol of resilience A blow we may take, but that Abe, his unwavering friend, was by his side to the very we will endure In the face of adversity, we will rise and overcome end our obstacles We will forever fight for our lives and for our free - On September 11th, 2001 nearly 3000 innocent lives were doms lost In their honor thirty ginkgo trees surround the memorial, As some of you may know the journey to build this memorial be- each representing roughly one hundred individuals who per- gan nearly four years ago It has been an effort of resilience and ished that day Ginkgos are one of the oldest trees on earth, perseverance in its own right We have at times been knocked to evidenced by fossils more than 270 million years old Conse- the ground and it's certainly been a circuitous path to get here - quently Ginkgos are symbolic of longevity and resilience In today For each of us on the committee, this project has stirred a the 11th century Chinese monks surrounded their temples certain self reflection, a deeper understanding of humility and a with Ginkgos because they were thought to be fire resistant sincere appreciation for life love and purpose Through our strug- When the atomic bomb was dropped on Hiroshima ginkgos gles our committee unofficially adopted a theme song The words were among the few living things to survive the blast, and are special to us and go like this continue to live today Honoring those who perished that day, Where were you when the world stopped turning on that Septem- these Ginkgo trees have been planted in tight straight rows in ber day? Were you in the yard with your wife and children Or work - the same manner as the stark white crosses that line the ing on some stage in L A 9 Did you stand there in shock at the The Kitsap 9 -11 Memorial was constructed by donated landscape at Arlington Cemetery sight of that black smoke Risin' against that blue sky Did you Shirley Allen, Director at the Children's World Learning Cen- shout out in anger, in fear for your neighbor Or did you just sit labor and material and dedicated to ter, had a single purpose on the morning of September 11th down and cry Did you weep for the children who lost their dear the Citizens of our Community on 9/11/2013 — the safety of 140 young children under her care When loved ones And pray for the ones who don't know Did you rejoice Flight 77 struck the Pentagon Shirley and her staff per- for the people who walked from the rubble And sob for the ones left On -going care and maintenance of the memorial is formed their emergency duties as they had religiously prac- below? Did you burst out with pride for the red, white and blue And being provided by the Bremerton VFW Post 239 ticed To the children it was an exciting adventure bumping the heroes who died just doin' what they doe Did you look up to Donations for memorial care can be mailed to along in rolling cribs through parking lots and over rough heaven for some kind of answer And look at yourself and what ground Remarkably these young individuals were calm really matters? P O Box 4694, Bremerton, WA 98312 throughout the chaos Credit was owed to the teachers Thank you for sharing this day with us, for remembering those who whose faces conveyed only calm back to the children Over perished that day, and those who carry on with the burdens of 9 -11 For more information and etched brick order forms view the next several hours, parents and children would be reunit- still weighing on their shoulders Please enjoy the memorial today our web site ed The exception would be for two young children who tragi- and always remember to share a hug with someone who really www kitsap911memorial ora cally lost a parent at the Pentagon that day matters In 2010 Leadership Kitsap Team Serendipitous developed a curriculum for what it means to be a hero They taught their Kitsap 9 -11 Memorial Dedication Speech E -mail program in one fifth grade class in each of the school districts September 11, 2013 info @kitsap911memorial org Ue in Kitsap County The curriculum concluded with the children By Dave Fergus painting six -by -six ceramic tiles that have now been perma- Rice Fergus Miller Architecture & Planning Kitsap 9 11 Memona] Project is a 501c3 nonprofit organization nently installed in the concrete walls of this memorial Fifth and Kitsap 9 -11 Memorial Committee Member KITSAP 9/11 MEMORIAL DETAILS ryNR At 7 59 A M on September 11th 2001, American Airlines Flight ings Brain and Stanley would ultimately survive the days tragedies can make it down these steps' He had given Elsie Castellanos 11 departed Boston, bound for Los Angeles The sun was Had Brain not heard Stanley cries for help, he surely would have a gentle hug and told them both, "Go home Everything's going bright the sky brilliant blue On the horizon stood the World headed skyward with his co- workers who were never seen or heard to be fine ' Returning to the 97th floor, Ed would find the others Trade Center towers, proudly reflecting the morning's early light from again who were waiting, escort them to the sky lobby too, then leave Twenty -one minutes into their routine flight everything suddenly The concrete path leading to the memorial is circuitous It turns to the the budding himself However fires now raged on the floors changed Using a phone in the rear of the plane flight attendant right, turns to the left and turns again to the right It rises with the below and the hallway outside Ed s conference room was Amy Sweeney calmly reported to authorities that two flight at- grade, falls, and rises again The path reflects much of what was hap- deathly thick with smoke Flight 175 severed the exit stairways tendants were seriously hurt and a passenger had been mur- pening on September 11th like Brian Clark and many others in the of the South Tower below Ed's floor For Ed and those with him, dered They were flying erratically and the cockpit wasn't an- World Trade Center towers who were trying to find their pathway to they were left only to their prayers They called their loved ones swering her calls And, they were low — way too low Peering out safety like four aircraft bound for one destination and ruthlessly redi- consoled each other, and patiently waited for a miracle that the small windows Amy could see the Hudson River and then rected to another and like the emotions of a million Americans, rising would never come the Twin Towers Suddenly realizing the hijacker's objective, and falling, from hope to despair, from anger toward the assailants to 9 -11 is a story of fate of happenstance of being in the right Amy's final words were, Oh my God " The call ended abruptly admiration for the heroes September 11th was indeed a day of circui- place at the right time, and the wrong place at the wrong time when American Airlines Flight 11 sliced through the North Tower tous circumstances One could say it was happenstance that this memorial ended up at 8 46 A M By 9 32 A M , hijackers were in full control of Flight 93 Cell phones here in Evergreen Rotary Park By happenstance many will 9 -11 is a story about people — a story about those who survived and airphones were buzzing Passengers were sharing with each other stumble across it in the years ahead When you visit this memo - and those who perished It is a story of life and death triumph what they knew about the catastrophes in New York and Washington rial you may find yourself contemplating the happenstance of and defeat It is a story of humility courage and the unselfish D C From aisle 11, Jeremy Glick asked his wife if she thought they your own fate and circumstance When you do and you are pursuits to save someone else When we say, We shall not should attack the hijackers From aisle 4, Tom Burnett called his wife here overlooking the Port Washington Narrows imagine Ed forget this is what we must not forget To help us to remember, and assured her, "Don t worry A group of us are going to do some- Emory overlooking the skyline of New York City from his 97th stories like that of flight attendant Amy Sweeney, have been thing Many on board Flight 93 were concluding that their best chance floor window, who was undoubtedly contemplating the happen - permanently etched in granite tiles that encircle the Kitsap 9 -11 was to fight these people The passengers assembled True to our stance of his fate and circumstance Memorial These granite stories tell us of the people who were American ideals of democracy they took a vote Consensus was Chaplain Mychal Judge He was an FDNY institution He had there their fate their circumstance, and the power within them reached They would find a way to defeat these terrorists and retake marned members of the department baptized their children, and They are stones of human toil and sacrifice They are stories their plane Their fate would rest in their hands, not the terrorist's shared many long talks over troubled circumstances On Sep - that teach us about humanity so that we may become better Democracy — it is this ideal that lies at the foundation of this country it tember 11th he was with the fire department chief officers human beings ourselves was our democracy that was attacked on September 11th and it was When the South Tower collapsed at 9 59 A M they were driven It was at 8 57 A M when Peter Hanson dialed his father 'It s our democracy that brought the passengers aboard Flight 93 to fight from their command post in the lobby of the North Tower Find - getting bad, Dad They seem to have knives and mace They back against their assailants America is the greatest nation on earth ing a fallen firefighter Father Mychal removed his helmet and said they have a bomb Passengers are throwing up and getting Our flag will forever fly over this memorial where it will stand tall to knelt beside him While performing his last rites, Father Mychal sick The plane is making jerky movements Lee Hanson reluc- those ideals that this great nation was built upon Standing beneath was struck in the head by a piece of falling debris and died tantly hung up the phone with his son, Peter He had a bad these beams, facing the flag, you will be looking due east From this instantly Mychal Judge was one of 343 members of the New feeling Lee turned to his television and watched in silence as Washington to the other Washington we are one nation under God York City Fire Department who perished that day His story was United Airlines Flight 175 slowly banked over Manhattan and indivisible with liberty justice and freedom for all aptly expressed later by a firefighter who simply said I think vanished in a fiery explosion against the side of the South Tow- Lieutenant Ted Anderson and Staff Sergeant Christopher Braman drug God wanted somebody to lead the guys to heaven er The time was 9 03 A M two motionless women away from the Pentagon They broke away The Kitsap 9 -11 Memorial is intended not simply to be viewed September 11th was recorded in minute by minute detail by cell shards of glass from blown -out windows, squeezed through, and called but to be expenenced Its intentional that you can meander phone calls, air traffic communications, dispatch recordings, and out for survivors as they blindly crawled along a smoke filled hallway through the grove of trees Its intentional that you II walk in live news that was broadcast around the world We know the Finding Sheila Mooney incapacitated, they drug her to an exit Reen- circles, eyes lowered, as you read the granite stories It s inten- minute each tower was struck and the minute each fell We tenng, they met a man engulfed in flames, screaming, and pleading to tional that you can pass beneath the leaning steel beams and know the minute each plane left the ground and the minute save the group behind him Ted and Christopher drug him outside too feel their weight overhead And in the same way Father Mychal when the FAA ordered every plane over America to immediately For their third entry Christopher would hold onto Ted s ankles so they knelt down and touched the forehead of a fallen firefighter you land The granite story tiles that encircle the memorial are laid in wouldn t become separated but they were stopped by firefighters may touch the steel beams You can feel their coldness and you concentric rings that chronicle the events like a giant clock Due They had neither adequate equipment, nor training Ted was incredu- can feel their strength Through touch we are connected to North is the top of the hour South, half past the hour, East and lous He exclaimed a soldier never leaves another soldier behind As a those who were there, and those who have been touched by the West the quarter hours With tragic events happening simultane- portion of the Pentagon collapsed around the impact area, Ted would events Through touch we are connected and we are all united ously in the air and on the ground, independent yet intertwined have to admit that the firefighters had undoubtedly saved his life After Todd Beamer and airphone operator Lisa Jefferson had this giant clock helps us understand the gravity of when and Permanently cast into one of the concrete sitting walls is a 400 pound shared the Lord's Prayer she heard "Are you ready ?" and where events were unfolding simultaneously in seven different piece of limestone that fell from the fagade of the Pentagon when a Todd's reply, 'Okay, let's roll Suddenly, the passenger assault locations, minute by minute portion of that structure collapsed Clearly, it reminds us of the destruc- was in motion Flight attendant Sandy Bradshaw quickly ended On the 84th floor of the South Tower, the floor raised and buck- tion that occurred at the Pentagon It also symbolizes the strength of her call with, 'Everyone's running up to first class I've got to led ceilings collapsed, furniture tumbled recklessly, and doors our military might We salute the men and women of our military who go " The passengers attacked the cockpit door with a rolling flew from their openings like sheets of paper in the wind Finding day -in and day -out unselfishly protect our freedoms individuals who beverage cart The pilot rolled the plane steeply to throw his a stairway, a small group headed down, but they were met by a put their lives on the line for us, individuals who are routinely in harm s attackers off balance, but the passengers were undeterred The distraught couple declaring the stairway was hopelessly way and individuals who make it possible for you and me to enjoy the hijackers pitched the plane's nose violently up and down The blocked Reversing course they started skyward when Brian liberties and justices that were attacked on September 11th passengers continued The pilot pressed the nose down hard Clark and Ron DiFrancesco heard a distant voice pleading for It was shortly before ten o'clock when Ed Emory was standing on a again Dipping to the right, Flight 93 rolled on its back as it help Brian and Ron found Stanley Praimnath and managed to table stuffing his new jacket in a vent to keep the smoke out An hour struck the ground nose first into an empty field near Shanks - get him to the stairway Ron headed upward to find the others earlier, Ed had escorted several of his employees down to the 78th vdle, Pennsylvania Brain headed downward with Stanley, despite the earlier warn- floor sky lobby He had told Anne Foodim, If you can finish chemo you BREMERTON CITY COUNCIL MEETING SPEAKERS, LIST PLEASE PRINT YOUR NAME BELOW IF YOU PLAN TO COMMENT & YOU WISH YOUR NAME TO BE INCLUDED IN THE RECORD REQUESTS FOR INFORMATION MUST BE SUBMITTED IN WRITING TO THE CLERK THANK YOU AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Claims & Check Register Study Session Date COUNCIL MEETING Date September 18, 2013 Department Financial Services Presenter Shannon Conn Phone 473 -5323 SUMMARY. Approval of the following checks and electronic fund transfers 1) Check #'s 355010 through 355252 and EFT's 13151 through 13189 in the amount of $3,293,242 20 2) Regular Payroll for the pay period ending September 15, 2013 in the amount of $673,585 44 ATTACHMENTS: FISCAL IMPACTS (Include Budgeted Amount) STUDY SESSION AGENDA 19 No Discussion ❑ Full Presentation STUDY SESSION ACTION. ® Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION Move to approve consent agenda as presented COUNCIL ACTION: [Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Forth Updated 11102/12 AGENDA BILL oleo CITY OF BREMERTON CITY COUNCIL ■■ �a����������������������t���e��������������EE0NNa0000w00Naa00EEEs0000s0000000NEEM SUBJECT: Minutes of Meeting — Study Session Date September 4, 2013 COUNCIL MEETING Date September 18, 2013 Department City Council Presenter Greg Wheeler Council President Phone (360) 473 -5280 SUMMARY: Attached is the summary of the City Council Meeting ATTACHMENTS. Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount) STUDY SESSION AGENDA Nx No Presentation ❑ Full Presentation STUDY SESSION ACTION. px Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION Move to approve the Consent Agenda as presented I COUNCIL ACTION ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/25/13 n DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wednesday, September 4, 2013 The Regular Meeting of the City Council of the City of Bremerton was called to order on Wednesday, September 4, 2013, at 5 00 PM in Council Conference Room 603 of the NORM DICKS GOVERNMENT CENTER, 345 6` Street, Bremerton, Washington, with Council President Greg Wheeler presiding Council Members present were Nick Wofford, Eric Younger (arrived at 5 30 PM), Carol Arends, Faye Flemister, Wendy Priest, Adam Brockus, Leslie Daugs, and Jim McDonald Also present were City Attorney Roger Lubovich, City Clerk Shannon Conn, Legislative Assistant Lori Smith, and Information Services Manager Kevin Matthew A COUNCIL BRIEFING was held to discuss General Council Business at 5 00 PM in the Council Conference Room, Immediately following was the Council Meeting at 5 30 PM The Pledge of Allegiance was led by Council Member Jim McDonald followed by the Invocation provided by Council Member Faye Flemister President Wheeler announced that the screen is still being repaired and will not be working for tonight's meeting MAYOR'S REPORT — Mayor Patty Lent • Brought forward Dr. Scott Lindquist Kitsap Health District, to discuss the Needle Exchange Program Including safe disposal, and to answer related questions, • Proclaimed September 11, 2013 as "A Day of Remembrance and Celebration to Never Forget ", and presented the proclamation to Dave Raymond who Invited the public to attend the Kitsap 9111 Memorial Dedication Ceremony beginning at 6 00 PM at Evergreen Rotary Park on Wednesday, September 11, as well as a Volunteer Work Party on Saturday, September 7 from 9 OOAM to 6 00 PM, which will Include a BBQ for all volunteers at Noon, • Was pleased to announce that VFW Post 239 will soon be taking action to approve an agreement that will provide future maintenance of the Kitsap 9/11 Memorial, • Announced that the `Beautify Bremerton" All City Clean -Up will be held on Saturday, September 14 from 8 00 AM to 2 00 PM, with yard waste accepted next to the Chevron station on Oyster Bay Avenue or by Legion Field on East 29 Street, • Acknowledged a cleanup of Lions Park was held on Thursday, August 29 by members of the Kitsap Mountaineers and Lions Club neighbors, • Invited the community to attend Manette Fest on Saturday, September 7, and • Introduced Milenka Hawkins -Bates of the City Public Works Department to provide a briefing on the Community Tree Committee that Included a request to see Increased funding for tree Inventory, and the creation of an Urban Forest Program PUBLIC RECOGNITION Bob Dollar presented a printout to not only show the high number of trucks that travel regularly on Northlake Way, but to show that many violate the 35 -mph speed limit, and due to his concern for the safety of school busses and bikes that also frequent the area, submitted Information about WSDOT's "Developing a Safe Routes Project" to assist the City in finding a helpful solution Mike Walton Kitsap Family YMCA Marketing Director, highlighted upcoming events and programs at the "Y" In Bremerton City Council Mtg Minutes Wednesday, September 4, 2013 Page 2of4 Vern LaPrath expressed several concerns after reading recent articles from both the Kitsap Sun and Bremerton Patriot including that the Kitsap Conference Center is losing money, even Bainbridge Island can reduce their utility rates but Bremerton can't, and that small businesses are continuing to leave the City, which will adversely affect tax revenue Jerry McDonald discussed a Roger Brook's Marketing Workshop that will be held on Wednesday, September 11 at 10 00 AM at Bremerton SEEfilm Theater, encouraged the Council to increase the City budget for more marketing, and the importance of having a grocery store in downtown therefore encouraged members of the community to loin the Bremerton Food Coop CONSENT AGENDA 5A— Claims & Check Register Check Numbers 354921 through 355009, and EFT -13118 through EFT -13150 in the amount of $1,308,044 56, Regular Payroll and Overtime for the pay period ending August 31, 2013 in the amount of $698,785 62, and Retiree Payroll for the pay period ending August 31, 2013 in the amount of $56,227 27 519 — Minutes of Meeting — August 21, 2013 5C — Minutes of Study Session — August 28, 2013 5D— Interlocal Agreement between the City of Poulsbo and the City of Bremerton relating to the Special Operations Group (SOG) 5E — Interlocal Agreement between the City of Poulsbo and the City of Bremerton relating to Traffic Safety Operations 5F — Interlocal Agreement between the City of Poulsbo and the City of Bremerton relating to Marine Patrol Services Comments were provided by Chief Steven Strachan Bremerton Police Department, and Chief Alan Townsend Poulsbo Police Department 06:08:40 M /S /C /U (Flemister/Wofford) Move to approve the CONSENT AGENDA as presented GENERAL BUSINESS — There were no General Business items PUBLIC HEARINGS 7A — PUBLIC HEARING AND RESOLUTION NO. 3202 TO RECOVER FEES FOR ABATEMENT COSTS ON THE PROPERTY LOCATED AT 1926 N. CALLOW AVENUE Janet Lunceford Code Enforcement Officer, summarized that in July of 2013, the City contracted with TRS to secure the house and remove garbage, debris and weeds from the property located at 1926 N Callow Avenue, pursuant to an Order of Abatement issued by Kitsap County Superior Court The Order of Abatement allowed the City to enter the property, perform the work, and lien the property for the costs of the action The owner of the property, Robert Bottorff, could not be located, service was made by publication The cost charged to the revolving abatement fund for this action totaled $6351 40, which includes the contract amount, the advertising costs, process server costs, filing fees and administrative fees as specified in Rate Table C of the Bremerton Municipal Code The Notice of Hearing was advertised in the Kitsap Sun on August 16, 2013, and was posted on the front door of the house on the property located at 1926 N Callow Council must now decide if the fees are dust and reasonable, and how they should be collected President Wheeler opened the Public Hearing for comments from the public With no comments received, the hearing was closed to the public and opened to the Council City Council Mtg Minutes Wednesday, September 4, 2013 Page 3 of 4 06:10:55 Motion was made by McDonald, and seconded by Daugs Questions and comments were provided by McDonald and Daugs, with responses provided by Ms Lunceford 06:12:25 M /S /C /U (McDonald /Arends) Move to adopt Resolution No 3202, ordering that the fees incurred for securing the house and removing garbage and debris from the property located at 1926 N Callow Avenue be collected as reasonable abatement costs and become a lien against the property 76 — PUBLIC HEARING AND ORDINANCE NO. 5222 TO AMEND TITLE 20 OF THE BREMERTON MUNICIPAL CODE (BMC) ENTITLED "ZONING CODE" RELATED TO SEPA EXEMPTIONS, DRIVE - THROUGH REQUIREMENTS, AND COMMERCIAL SETBACKS Nicole Floyd Community Development Senior Planner, explained that the action before Council is to conduct a public hearing and adopt an Ordinance amending BMC Title 20 as follows 1 Increase SEPA exemption levels as permitted by State Code 2 Modify requirements relating to drive- through facilities within commercial districts 3 Alter front yard setback requirements for commercial properties President Wheeler opened the Public Hearing for comments from the public Ralph Erickson provided comments ►n favor of the Council approving this action Questions were asked by Jerry McDonald with response provided by Ms Floyd With no further comments or questions received, the hearing was closed to the public and opened to the Council 06:37:05 Motion was made by Flem►ster, and seconded by Wofford Questions and comments were provided by Daugs, Younger, McDonald, Priest, Arends, and Wheeler, with responses provided by Ms Floyd, and Andrea Spencer Director of Community Development, praised Ms Floyd for her work on this issue 06:46:35 M /S /C /U (Flemister/Wofford) Move to pass Ordinance No 5222 to amend BMC Title 20 related to SEPA exemptions, Drive- through requirements, and Commercial setbacks COUNCIL MEMBER REPORTS Jim McDonald was proud to represent the City on the Kitsap 9/11 Memorial Project Committee, encouraged citizens that cannot attend Council Meetings can still provide their comments in writing anytime through e-mail at City Council @ci bremerton wa us , and responded to earlier comments made by Vern LaPrath, pointing out that Bainbridge Island had the highest utility rates in all of Kitsap County, while Bremerton had some of the lowest Leslie Daugs announced that Habitat for Humanity needs volunteers to build a picnic shelter as part of a "National Day of Service and Remembrance" Project on September 11 from 10 00 AM to 4 00 PM at Bataan Park, and encouraged everyone to drive safe now that school is in session Adam Brockus encouraged the community to attend the 10 Annual Manette Fest from 9 00 AM to 4 00 PM in and around E 11 Street (from Shore Drive to Perry Avenue) this Saturday September 7, welcomed a few new Manette businesses, and agreed with Ms Daugs in reminding drivers to slow it down and be more aware now that children are back in school Faye Flemister thanked Public Works staff for the outstanding work done recently to install a fence and clean up graffiti by the Anderson Cove pump station, and thanked those citizens who attended and Provided input at the Community Meeting held last night regarding the proposed renaming of 7 h Street between Warren & Pacific Avenues to "Martin Luther King, Jr Way' City Council Mtg Minutes Wednesday, September 4, 2013 Page 4 of 4 Carol Arends sent get well wishes to Charleston business owner Tom Baily Eric Younger recently attended a neighborhood meeting to hear their concerns about raccoons, and reminded everyone not to feed the animals, would Ike to have the issue discussed further at the next Public Safety & Parks (PSP) Committee Meeting, and encouraged citizens to e-mail their concerns about raccoons in their neighborhood to the City Council Office Nick Wofford agreed with the comments made by Mr Younger Greg Wheeler noticed that a lot of businesses at the Blackberry Festival made a profit this year and is pleased they will be coming back, thanked members of the Bremerton Planning Commission for their service, and announced that the September 11 Study Session will be cancelled to allow attendance at the Kitsap 9/11 Memorial Dedication Ceremony With no further business, President Wheeler adjourned the Council Meeting at 7 00 PM Pre red and Submitted by Pre SMITH Legislative Assistant Attest SHANNON CORIN, City Clerk GREG WHEELER, City Council President GW SC Is cg AGENDA BILL 4 7 C - CITY OF BREMERTON CITY COUNCIL SUBJECT Ordinance No 5223 repealing PW Committee Date 9/10/13 and replacing Chapter 10 40 of the COUNCIL MEETING Date 9/18/13 Bremerton Municipal Code entitled Department Public Works & Utilities "Commute Trip Reduction Plan" with Presenter Milenka Bates Chapter 10 20 Phone 473 -5758 SUMMARY Due to the numerous changes required by the State Model Ordinance, this Ordinance repeals Chapter 10 40 of the Bremerton Municipal Code relating to Commute Trip Reduction Plan (CTR) and replaces it in its entirety with a new chapter 10 20 Attached is the interlocal Agreement between Kitsap Transit and City of Bremerton The Agreement is automatically renewed until one party opts out with a 90 day notice Also attached is Exhibit A of the Interlocal Agreement, the Commute Trip Reduction Plan 2011 -2015, and a listing that shows the affected employers within the City of Bremerton ATTACHMENTS: 1 ) Ordinance No 5223 2) Interlocal Agreement 3) Exhibit A 4) CTR Plan 2011- 2015, 5) Employer Listing FISCAL IMPACTS (Include Budgeted Amount) None PW COMMITTEE AGENDA ❑ No Presentation x❑ Full Presentation PW COMMITTEE ACTION. ❑x Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION Move to pass Ordinance No 5223 repealing Chapter 10 40 of the Bremerton Municipal Code relating to Commute Trip Reduction and replace with Chapter 10 20 COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 11/02/12 ORDINANCE NO. 5a-2 -3 AN ORDINANCE of the City Council of the City of Bremerton, Washington, repealing and replacing in its entirety Chapter 1040 of the Bremerton Municipal Code entitled "Commute Trip Reduction Plan" with a new chapter WHEREAS, the current provisions of Chapter 10 40 of the Bremerton Municipal Code relating to the City of Bremerton's Commute Trip Reduction Plan are outdated requiring numerous changes and updates, and WHEREAS, RCW 70 94 527(4) requires that the City of Bremerton's Commute Trip Reduction Plan be consistent with the guidelines established by the Commute Trip Reduction Board, and WHEREAS, due to the numerous changes required to the City's Commute Trip Reduction Plan, the City Council desires to update the plan by repealing and replacing Chapter 10 40 BMC in its entirety, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS SECTION 1. Chapter 10 40 of the Bremerton Municipal Code, entitled "Commute Trip Reduction Plan" of the Bremerton Municipal Code is hereby repealed and replaced in its entirety with a new chapter, Chapter 10 20, to read as follows Chapter 10.20 COMMUTE TRIP REDUCTION PLAN 10.20.010 PURPOSE. The purpose of this chapter is to establish Commute Trip Reduction Program requirements for affected employers within the City of Bremerton as required by RCW 70 94 527 These requirements will promote alternative commute modes and reduce the total number of drive alone commute trips, and vehicle miles traveled (VMT) per employee, thereby, decreasing traffic congestion, automobile related air pollution, and energy use within the City of Bremerton The City of Bremerton recognizes the importance of increasing individual citizens' awareness of air quality, energy consumption, and traffic congestion and the contribution individual actions can make toward addressing these issues 10.20.020 DEFINITIONS. The following definitions shall apply in the interpretation and enforcement of this chapter (a) (1) "Affected employee" means a full -time employee who begins his or her regular work day at a single worksite covered by the Commute Trip Reduction Plan between 6 00 a in and 9 00 a in (inclusive) on two (2) or more weekdays per week for at least twelve (12) continuous months who is not an independent contractor Seasonal agriculture employees, 1 Commute Trip Reduction Plan including seasonal employees of processors of agriculture products are excluded from the count of affected employees (2) "Affected employer" means an employer that employs one hundred (100) or more affected employees at a single worksite covered by the Commute Trip Reduction Plan who scheduled to begin their regular work day between 6 00 a in and 9 00 a m (inclusive) on two or more weekdays for at least twelve continuous months Construction worksites, when the expected duration of the construction is less than two years, are excluded from this definition (Also see definition of employer) (3) "Alternative mode" means any means of commute transportation other than that in which the single- occupant motor vehicle is the dominant mode, including telecommuting and compressed work week schedules if they result in reducing commute trips (4) "Alternative work schedules" mean programs such as compressed work weeks schedules that eliminate work trips by affected employees (b) (1) "Base year" means the twelve -month period which commences when a mayor employer is determined by the jurisdiction to be participating within the CTR Program The City uses this twelve -month period as the basis upon which it develops commute trip reduction goals (2) `Baseline measurement" means the survey, during the base year, of employees at a mayor employer worksite to determine the drive -alone rate and vehicle miles traveled per employee at the worksite The jurisdiction uses this measurement to develop commute trip reduction goals for the mayor employer The baseline measurement must be implemented in a manner that meets the requirements specified by Kitsap Transit (c) (1) "Carpool" means any motor vehicle, including a motorcycle, occupied by two (2) to six (6) people of at least 16 years of age traveling together for their commute trip, resulting in the reduction of a minimum of one motor vehicle commute trip (2) "Commute trips" means trips made from a worker's home to a worksite (inclusive) on weekdays (3) "CTR" is the abbreviation of Commute Trip Reduction (4) "Commute Trip Reduction (CTR) Plan" means the goals established for the City and affected employers (5) "Commute Trip Reduction (CTR) Program" means an employer's strategies to reduce employees' drive alone commutes and average VMT per employee (6) "Commute trip vehicle miles traveled per employee" means the sum of individual vehicle commute trip lengths in miles over a set period divided by the number of full - time employees during that period (7) "Compressed work week" means an alternative work schedule, in accordance with employer policy, that regularly allows a full -time employee to eliminate at least one (1) work day every two (2) weeks by working longer hours during the remaining days, resulting in fewer commute trips by the employee This definition is primarily intended to include weekly and bi- weekly arrangements, the most typical being four 10 -hour days or 80 hours in nine (9) days, but may also include other arrangements (8) "Custom bus/buspool" means a commuter bus service arranged specifically to transport employees to work (d) (1) "Dominant mode" means the mode of travel used for the greatest distance of a commute trip (2) "Drive alone" means a motor vehicle occupied by one (1) employee for commute purposes, including a motorcycle 2 Commute Trip Reduction Plan (3) "Drive alone trips" means commute trips made by employees in single occupant vehicles (e) (1) "Employee Transportation Coordinator (ETC)" means a person who is designated as responsible for the development, implementation, and monitoring of an employer's CTR Program (2) "Employer" means a sole proprietorship, partnership, corporation, unincorporated association, cooperative, point venture, agency, department, district or other individual or entity, whether public, non - profit, or private, that employs workers (3) "Exemption" means a waiver from any or all CTR Program requirements granted to an employer by the City of Bremerton based on unique conditions that apply to the employer or employment site (f) (1) "Flex- time" is an employer policy that provides work schedules allowing individual employees some flexibility in choosing the start and end time but not the number of their working hours (2) "Full -time employee" means a person, other than an independent contractor, whose position is scheduled on a continuous basis for 52 weeks for an average of at least 35 hours per week (g) (1) "Good faith effort" means that an employer has met the minimum requirements identified in this chapter and in RCW 70 94 531, and is working collaboratively with Kitsap Transit to continue its existing CTR Program or is developing and implementing program modifications likely to result in improvements to its CTR Program over an agreed upon length of time (1) (1) "Implementation or Implement" means active pursuit by an employer of the CTR Goals of RCW 70 94 521 -551 and this chapter as evidenced by appointment of an employee transportation coordinator (ETC), distribution of information to employees regarding alternatives to drive alone commuting, and commencement of other measures according to its improved CTR Program and schedule (m) (1) "A mayor employer" means a private or public employer, including state agencies, that employs one hundred (100) or more full -time employees at a single worksite who are scheduled to begin their regular work day between 6 00 a in and 9 00 a in on weekdays for at least twelve (12) continuous months (2) "Mayor employer worksite" or "affected employer worksite" or "worksite" means the physical location occupied by a mayor employer, as determined by the local jurisdiction (3) "Mayor employment installation" means a military base or federal reservation, excluding tribal reservations, or other locations as designated by the City of Bremerton, at which there are one hundred (100) or more affected employees (4) "Mode" refers to the means of transportation used by employees, such as single- occupant motor vehicle, rideshare vehicle (carpool or vanpool), transit, ferry, bicycle, walking, compressed work week schedule and telecommuting (n) (1) "Notice" means written communication delivered via the United States Postal Service with receipt deemed accepted three days following the day on which the notice was deposited with the Postal Service unless the third day falls on a weekend or legal holiday in which case the notice is deemed accepted the day after the weekend or legal holiday (p) (1) "Peak period" means the hours from 6 00 a m to 9 00 a in (inclusive), Monday through Friday, except legal holidays 3 Commute Trip Reduction Plan (2) "Peak period trip" means any commute trip that delivers the employee to begin his or her regular workday between 6 00 a in and 9 00 a in (inclusive), Monday through Friday, except legal holidays (3) "Proportion of drive alone trips" or "Drive alone rate" means the number of commute trips over a set period made by employees in single occupancy vehicles divided by the number of potential trips taken by employees working during that period (r) (1) "Ride matching service" means a system which assists in matching commuters for the purpose of commuting together (t) (1) "Teleworkmg" or "Telecommuting" means the use of telephones, computers, or other similar technology to permit an employee to work at home eliminating a commute trip, or to work from a work place closer to home, reducing the distance traveled in a commute trip by at least half (2) "Transit" means a multiple- occupant vehicle operated on a for -hire, shared -ride basis, including bus, passenger ferry, shared -ride taxi, shuttle bus, or vanpool (3) "Transportation Demand Management (TDM)" means a broad range of strategies that are primarily intended to reduce and reshape demand on the transportation system (4) "Transportation Management Association (TMA)" means a group of employers or an association representing a group of employers in a defined geographic area A TMA may represent employers within specific city limits or may have a sphere of influence that extends beyond city limits (v) (1) " Vanpool" means a vehicle occupied by from (5) five to fifteen (15) people traveling together for their commute trip, resulting in the reduction of a minimum of one motor vehicle trip (2) "Vehicle Miles Traveled (VMT) Per Employee" means the sum of the individual vehicle commute trip lengths in miles made by employees over a set period divided by the number of employees during that period (w) (1) "Week" means a seven -day calendar period, starting on Monday and continuing through Sunday (2) "Weekday" means any day of the week except Saturday or Sunday (3) "Writing," "written," or "In writing" means original signed and dated documents Facsimile (fax) and email transmissions are a temporary notice of action that must be followed via mail or delivery of the original signed and dated document 10.20.030 RESPONSIBLE AGENCY. The City of Bremerton has entered into an interlocal agreement with Kitsap Transit pursuant to RCW 39 34 and RCW 70 94 527(5) whereby Kitsap Transit is the agency responsible for implementing and administering the City of Bremerton's CTR Plan and this chapter Kitsap Transit is located at 60 Washington Avenue, Ste 200 Bremerton, Washington 98337 10.20.040 THE CITY OF BREMERTON'S CTR PLAN. The goals established for the jurisdiction and affected employers in the City of Bremerton are set forth in the City's Commute Trip Reduction Plan ( "CTR Plan") as currently enacted and hereinafter amended by the City, incorporated herein by this reference 4 Commute Trip Reduction Plan 10.20.050 CTR GOALS. (a) Commute Trip Reduction Goals (1) The City of Bremerton's goals for reductions in the proportions of drive - alone commute trips and vehicle miles traveled per employee by affected employers in the City of Bremerton's jurisdiction, mayor employment installations, and other areas designated by the City of Bremerton are hereby established by the City of Bremerton's CTR Plan incorporated by BMC 10 20 040 above These goals establish the desired level of performance for the CTR Program in its entirety in the City of Bremerton (2) Kitsap Transit will set the individual worksite goals for affected employers based on how the worksite can contribute to the City of Bremerton's overall goal established in the CTR Plan The goals will appear as a component of the affected employer's approved implementation plan outlined in BMC 10 20 070 below (b) Commute Trip Reduction Goals for Affected Employers (1) The drive -alone and VMT goals for affected employers in the City of Bremerton are hereby established as set forth in the CTR Plan incorporated by BMC 10 20 040 above (2) If the goals for an affected employer or newly affected employer are not listed in the CTR Plan, they will be established by Kitsap Transit at a level designed to achieve the City of Bremerton's overall goals for the jurisdiction and other areas as designated by the City of Bremerton Kitsap Transit shall provide written notification of the goals for each affected employer worksite by providing the information when Kitsap Transit reviews the employer's proposed program and incorporating the goals into the program approval issued by Kitsap Transit 10.20.060 APPLICABILITY. The provisions of this chapter shall apply to any affected employer within the geographic limits of the CTR Plan adopted in BMC 10 20 040 above (a) Notice of Applicability (1) Publication of Notice Notice of the ordinance adopting this chapter shall be published in accordance with the City of Bremerton's established public notification procedures for adoption of an ordinance or an amendment to an ordinance (2) Affected employers located in the City of Bremerton shall receive written notification from Kitsap Transit that they are subject to this chapter Such notices shall be by certified mail or delivery, return receipt, addressed to the employer's chief executive officer, senior official, CTR Program manager, or registered agent at the worksite Such notification shall provide ninety (90) days for the affected employer to perform a baseline measurement as defined in BMC 10 20 020 above Kitsap Transit shall also send to all known affected employer's notice of any amendments to this chapter (3) Affected employers who, for whatever reason, do not receive notification within thirty (30) days of the effective date of this chapter and are either notified or identify themselves to Kitsap Transit within ninety (90) days of the effective date of this chapter will be granted an extension up to ninety (90) days within which to perform a baseline measurement specified by Kitsap Transit (4) Affected employers that have not been identified or do not identify themselves within ninety (90) days of the effective date of this chapter and do not perform a baseline measurement consistent with the measurement requirements specified by Kitsap Transit within ninety (90) days from the effective date of this chapter are in violation of this chapter 5 Commute Trip Reduction Plan (5) If an affected employer has already performed a baseline measurement, or an alternative acceptable to Kitsap Transit, under previous iterations of this chapter, the employer is not required to perform another baseline measurement (b) Newly Affected Employers (1) Employers meeting the definition of "affected employer" in this chapter shall identify themselves to Kitsap Transit within ninety (90) days of either moving into the boundaries outlined in the CTR Plan adopted in BMC 10 20 040 above or growing in employment at a work site to one hundred (100) or more affected employees Employers who do not identify themselves within ninety (90) days are in violation of this chapter (2) Newly affected employers identified as such shall be given ninety (90) days to perform a baseline measurement consistent with the measurement requirements specified by Kitsap Transit Employers who do not perform a baseline measurement within ninety (90) days of receiving written notification that they are subject to this chapter are in violation of this chapter (3) Not more than ninety (90) days after receiving written notification of the results of the baseline measurement, the newly affected employer shall develop and submit a Commute Trip Reduction Program ( "CTR Program ") to Kitsap Transit The program will be developed in consultation with Kitsap Transit staff listed in BMC 10 20 030 above to be consistent with the goals of the CTR Plan adopted in BMC 10 20 040 above Employers who do not implement an approved CTR Program according to this schedule are in violation of this chapter (c) Change in Status as an Affected Employer Any of the following changes in an affected employer's status may change the employer's CTR Program requirements (1) If an employer initially designated as an affected employer no longer employs one hundred (100) or more affected employees and expects not to employ one hundred (100) or more affected employees for the next twelve (12) months, that employer is no longer considered an affected employer It is the responsibility of the employer to notify Kitsap Transit, in writing, that it is no longer an affected employer, the burden of proof lies with the employer, (2) If the same employer returns to the level of one hundred (100) or more affected employees within the same twelve (12) months, that employer will be considered an affected employer for the entire twelve (12) months, and will be subject to the same CTR Program requirements as other affected employers It is the responsibility of the employer to notify Kitsap Transit, in writing, that it has become an affected employer, and (3) If the same employer returns to the level of one hundred (100) or more affected employees twelve (12) or more months after its change in status to an "unaffected" employer, that employer shall be treated as a newly- affected employer, and will be subject to the same CTR Program requirements as other newly- affected employers It is the responsibility of the employer to notify Kitsap Transit, in writing that it has become an affected employer 10.20.070 REQUIREMENTS FOR AFFECTED EMPLOYERS. An affected employer is required to make a good faith effort, as defined in RCW 70 94 534(2) and this chapter, to develop and implement a CTR Program that will encourage its employees to reduce VMT per employee and drive alone commute trips The CTR Program must include the mandatory elements as described below (a) Mandatory Program Elements (1) Employee Transportation Coordinator The name of the employer's designated Employee Transportation Coordinator (ETC) to administer the CTR Program The 6 Commute Trip Reduction Plan ETC and/or designee's name, location, and telephone number must be physically or electronically prominently displayed at each affected worksite The ETC shall oversee all elements of the employer's CTR Program and act as liaison between the employer and Kitsap Transit The objective is to have an effective transportation coordinator presence at each worksite, an affected employer with multiple sites may have one ETC for all sites (2) Information Distribution Information about alternatives to drive alone commuting as well as a summary of the employer's CTR Program shall be provided to employees at least once a year and to new employees at the time of hire The summary of the employer's CTR Program shall also be submitted to Kitsap Transit with the employer's program description and regular report (b) Additional Program Elements In addition to specific program elements described above, the employer's CTR Program shall include additional elements as needed to meet CTR goals Elements may include, but are not limited to, one or more of the following (1) a provision for preferential parking or reduced parking charges, or both, for high- occupancy vehicles, (2) instituting or increasing parking charges for drive alone commuters, (3) a provision for Commuter Ride Matching services to facilitate employee ride - sharing for commute trips, (4) a provision for subsidies for rail, transit, or vanpool fares and /or transit passes, (5) a provision for vans or buses for use as vanpools or custom bus/buspools (Kitsap Transit's worker /dnver buses) for employee ride - sharing, (6) a provision for subsidies for carpools, vanpools, walking bicycling, teleworking, or compressed schedules (7) a provision of incentives for employees that do not drive alone to work, (8) permitting the use of the employer's vehicles for carpooling or vanpooling, (9) permitting flexible work schedules to facilitate employees' use of transit, carpools, or vanpools, (10) cooperation with transportation providers to provide additional regular or express service to the worksite, (11) construction of special loading and unloading facilities for transit, carpool, and vanpool users, (12) a provision for bicycle parking facilities, lockers, changing areas, and showers for employees who bicycle or walk to work, (13) a provision for a program of parking incentives such as a rebate for employees who do not use the parking facilities, (14) establishment of a telecommuting program to permit employees to work part- or full -time at home or at an alternative worksite closer to their homes, (15) establishment of a program of alternative work schedules such as a compressed work week which reduces commuting, (16) implementation of other measures designed to facilitate the use of high - occupancy vehicles, such as on -site day care facilities, emergency taxi services, or guaranteed ride home programs, (17) charging employees for parking, and /or the elimination of free parking, and (18) other measures that the employer believes will reduce the number and length of commute trips made to the site 7 Commute Trip Reduction Plan (c) CTR Program Report and Description (1) Affected employers shall review their program and file a regular progress report with Kitsap Transit in accordance with the format provided by Kitsap Transit (2) The CTR Program Report and Description outlines the strategies to be undertaken by an employer to achieve the commute trip reduction goals for the reporting period Employers are encouraged to consider innovative strategies and combine program elements in a manner that will best suit their location, site characteristics, business type, and employees' commuting needs Employers are further encouraged to cooperate with each other to implement program elements (3) At a minimum the employer's CTR Program Report and Description must include (i) a general description of the employment site location, transportation characteristics, employee parking availability, on -site amenities, and surrounding services, (u) the number of employees affected by the CTR Program and the total number of employees at the site, (iii) documentation on compliance with the mandatory CTR Program elements as described in BMC 10 20 070(a), (iv) a description of any additional elements included in the employer's CTR Program as described in BMC 10 20 070(b), (v) a statement of organizational commitment to provide appropriate resources to the program to meet the employer's established goals (d) Biennial Measure of Employee Commute Behavior In addition to the baseline measurement, employers shall conduct a program evaluation as a means of determining worksite progress toward meeting CTR goals As part of the program evaluation, the employer shall distribute and collect CTR Program Employee Questionnaires (surveys) at least once every two (2) years, and strive to achieve at least a 70% response rate from employees at the worksite 10.20.080 RECORD KEEPING. Affected employers shall maintain a copy of their approved CTR Program Description and Report, their CTR Program Employee Questionnaire results, and all supporting documentation for the descriptions and assertions made in any CTR report to Kitsap Transit for a minimum of forty -eight (48) months Kitsap Transit and the affected employer shall agree in writing on the record keeping requirements as part of the affected employer's accepted CTR Program 10.20.090 CTR PROGRAM ACCEPTANCE AND IMPLEMENTATION. (a) Document Review (1) Kitsap Transit shall provide the employer with written notification if the employer's CTR Program is deemed acceptable The notification must give cause for any refection Such notification shall be by certified mail or delivery, return receipt, addressed to the employer's Employee Transportation Coordinator If the employer receives no written notification of extension of the review period or comment on the CTR Program or annual report within ninety (90) days of submission, the employer's CTR Program or annual report shall be deemed accepted Kitsap Transit may extend the review period up to ninety (90) days The implementation date for the employer's CTR Program will be extended an equivalent number of days 8 Commute Trip Reduction Plan (b) Schedule Upon review on an employer's initial CTR Program, Kitsap Transit shall establish the employer's regular reporting date This report will be provided in a form provided by Kitsap Transit consistent with BMC 10 20 070(c) above (c) Modification of CTR Program Elements An affected employer may request a modification of the CTR Program elements This request must be in writing and delivered to Kitsap Transit Such request may be granted by Kitsap Transit if one of the following conditions exist (1) Beyond Control The affected employer can demonstrate it would be unable to comply with the CTR Program element(s), for which the affected employer seeks an exemption, for reasons beyond the control of the employer, or (2) Undue Hardship The affected employer can demonstrate that compliance with the CTR Program element(s) would constitute an undue hardship Kitsap Transit may ask the affected employer to substitute a program element of similar trip reduction potential rather than grant the employer's request (d) Extensions An affected employer may request from Kitsap Transit additional time to submit a CTR Program Description and Report, or to implement or modify a CTR Program Such requests shall be made in writing and delivered by certified mail to Kitsap Transit no less than thirty (30) days before the due date for which the extension is being requested Extensions not to exceed ninety (90) days may be considered for reasonable cause Kitsap Transit shall grant or deny the employer's extension request by certified letter, return receipt within ten (10) days of receiving the request If there is no response issued to the employer, an extension is automatically granted for thirty (30) days Extension shall not exempt an employer from any responsibility in meeting the CTR Program goals Extensions granted due to delays or difficulties with any CTR Program element(s) shall not be cause for discontinuing or failing to implement other program elements An employer's annual reporting date shall not be adjusted permanently as a result of these extensions An employer's annual reporting date may be extended at the discretion of Kitsap Transit (e) Implementation of Employer's CTR Program Unless extensions are granted, employer shall implement its approved CTR Program, including approved program modifications, not more than ninety (90) days after receiving written notice for Kitsap Transit that the program has been approved or with the expiration of the program review period without receiving notice from Kitsap Transit 10.20.100 COMPLIANCE AND VIOLATIONS. (a) Compliance Except as otherwise provided in this chapter, compliance shall mean (1) Fully implementing in good faith all mandatory program elements as well as provisions in an approved CTR Program Description and Report and satisfying the requirements of this chapter, (2) Providing a complete CTR Program Description and Report on the regular reporting date, and (3) Distributing and collecting the CTR Program Employee Questionnaire during the scheduled survey time period (b) Program Modification Criteria Kitsap Transit shall use the following criteria for achieving goals for VMT per employee and proportion of drive alone trips shall be applied in determining requirements for employer CTR Program modifications (1) If an employer meets either or both goals, the employer has satisfied the objectives of the CTR Plan and will not be required to modify its CTR Program 9 Commute Trip Reduction Plan (2) If an employer makes a good faith effort, as defined in this chapter and in RCW 70 94 534(2), but has not met or is not likely to meet the applicable drive alone or VMT goal, no additional modifications are required (3) If an employer fails to make a good faith effort, as defined in this chapter and in RCW 70 94 534(2) and this chapter, and fails to meet either the applicable drive alone or VMT reduction goal, Kitsap Transit shall direct the employer to revise its program within thirty (30) days to come into compliance with the measures defined in RCW 70 94 534(2), including specific recommended program modifications In response to the recommended modifications, the employer shall submit a revised CTR Program Description and Report, including the requested modifications or equivalent measures, within thirty (30) days of receiving written notice to revise its program Kitsap Transit shall review the revisions and notify the employer of acceptance or refection of the revised program If a revised program is not accepted, Kitsap Transit will send written notice to that effect to the employer within thirty (30) days and, if necessary, require the employer to attend a conference with program review staff for the purpose of reaching a consensus on the required program A final decision on the required program will be issued in writing by Kitsap Transit within ten (10) working days of the conference (c) Violations The following constitute violations of this chapter (1) Failure to self - identify as an affected employer, (2) Failure to perform a baseline measurement, including, (1) Affected employers notified or that have identified themselves to Kitsap Transit within ninety (90) days of the effective date of this chapter and that do not perform a baseline measurement consistent with the requirements specified by Kitsap Transit within ninety (90) days from the notification or self - identification, and (ii) Affected employers not identified or self - identified within ninety (90) days of the effective date of this chapter that do not perform a baseline measurement consistent with the requirements specified by Kitsap Transit within ninety (90) days from the effective date of this chapter, (3) Failure to develop and/or submit a complete CTR Program by the applicable deadlines as stated in this chapter, (4) Failure to implement an approved CTR Program, unless the program elements that are carried out can be shown through quantifiable evidence to meet or exceed VMT and drive alone goals as specified in this chapter, (5) Intentionally submitting false or fraudulent date in response to survey requirements (6) Failure to make a good faith effort, as defined in this chapter and in RCW 70 94 534, or (7) Failure to modify an unacceptable CTR Program by the applicable deadlines as stated in this chapter (d) Penalties As authorized by RCW 70 94 534(5), civil penalties may be imposed as follows (1) Class I Civil Infraction Any affected employer violating any provision of this chapter shall be liable for a Class I Civil Infraction, and submit to civil penalties pursuant to RCW 7 80 120 (2) Separate Offenses Such affected employer shall be liable for a separate offense for each and every day during any portion of which any violation of this chapter is committed or continued and shall be subject to civil penalties as herein provided, and 10 Commute Trip Reduction Plan (3) Union Agreements An employer shall not be liable for civil penalties if failure to implement an element of a CTR program was the result of an inability to reach agreement with a certified collective bargaining agent under applicable laws where the issue was raised by the employer and pursued in good faith Unionized employers shall be presumed to act in good faith compliance if they (i) propose to a recognized union any provision of the employer's CTR program that is subject to bargaining as defined by the National Labor Relations Act, and (n) advise the union of the existence of the Washington State CTR Law, this chapter, and the mandates of the CTR program approved by Kitsap Transit and advise the union that the proposal being made is necessary for compliance with this chapter and state law (RCW 70 94 53 1) (4) Failure to Reach Goals No affected employer with an approved CTR program may be held liable for failure to reach the applicable SOV or VMT goals 10.20.110 EXEMPTIONS AND GOAL MODIFICATIONS. (a) Worksite Exemptions An affected employer may submit a request to Kitsap Transit to grant an exemption from all CTR Program requirements for a particular worksite The employer must demonstrate that it would experience undue hardship in complying with the requirements of this chapter as a result of the characteristics of its business, its work force, or its location(s) An exemption may be granted if and only if the affected employer demonstrates that it faces extraordinary circumstances, such as bankruptcy, and is unable to implement any measures that could reduce the proportion of drive alone trips and VMT per employee Exemptions may be granted by Kitsap Transit at any time based on written notice provided by the affected employer The notice should clearly explain the conditions for which the affected employer is seeking an exemption from the requirements of the CTR Program Kitsap Transit shall grant or deny the request within thirty (30) days of receipt of the request Kitsap Transit shall review annually all employers receiving exemptions and shall determine whether the exemption will be in effect during the following program year (b) Employee Exemptions Specific employees or groups of employees who are required to drive alone to work as a condition of employment may be exempted from a worksite's CTR Program Exemptions may also be granted for employees who work variable shifts throughout the year and who do not rotate as a group to identical shifts Kitsap Transit will use the criteria identified in the CTR Board Administrative Guidelines to assess the validity of employee exemption request Kitsap Transit shall grant or deny the request within thirty (30) days of receipt of the request Kitsap Transit shall review annually all employee exemption requests, and shall determine whether the exemption will be in effect during the following program year (c) Modification of CTR Program Goals (1) An affected employer may request that Kitsap Transit modify the employer's CTR goals Such request shall be filed in writing at least sixty (60) days prior to the date the worksite is required to submit its program description and annual report The goal modification request must clearly explain why the worksite is unable to achieve the applicable goal The worksite must also demonstrate that it has implemented all the elements contained in its approved CTR Program (2) Kitsap Transit will review and grant or deny requests for goal modifications in accordance with procedures and criteria identified in the CTR Board 11 Commute Trip Reduction Plan Guidelines An employer may not request a modification of the applicable goals until one year after Kitsap Transit has approved the employer's initial program description or annual report 10.20.120 APPEALS. (a) Appeal of the Assessment of Penalties An assessment of penalties pursuant to BMC 10 20 100(d) above may be appealed to the Municipal Court Hearing Examiner pursuant to Chapter 2 62 BMC (b) Appeal of Final Administrative Decision A final administrative decision of Kitsap Transit relating to the acceptance, modification or exemption of an affected employer's CTR Program may be appealed using the administrative appellate procedures as follows (1) Kitsap Transit shall hire and pay for a Hearing Examiner for the sole purpose of hearing appeals brought pursuant to this chapter (2) Appeals shall be heard within sixty (60) days of the date the notice of appeal is received by the Presiding Officer, however no appeal shall be set less than fifteen (15) days after notice of the date for the appeal is mailed by certified mail, return receipt requested, to the party seeking review (3) The Hearing Examiner will evaluate employers' appeals of administrative decisions by determining if the decisions were consistent with this chapter, the Washington State CTR Law and the CTR Task Force Guidelines Appeals may be granted by the CTR Hearing Examiner if the employer can show the violations for which the penalties were imposed occurred for the reasons beyond the control of the employer, or the penalties were imposed for the failure of the employer to revise its CTR Program as directed by Kitsap Transit and the employer can demonstrate that measures Kitsap Transit directed the employer to incorporate in its CTR Program are unlikely to reduce the proportion of SOV commute trips and/or VMT per employee (c) Decision The decision of the Hearing Examiner shall be final SECTION 2. The City of Bremerton's Commute Trip Reduction Plan entitled "Commute Trip Reduction Plan 2011 - 2015" as currently enacted and hereinafter amended by the City is incorporated herein by this reference SECTION 3. Severabakty 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 4. Effective Date This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law PASSED by the City Council the day of 1 2013 GREG WHEELER, Council President 12 Commute Trip Reduction Plan Approved this day of 1 2013 PATTY LENT, Mayor ATTEST APPROVED AS TO FORM SHANNON CORIN, City Clerk ROGER A LUBOVICH, City Attorney PUBLISHED the day of , 2013 EFFECTIVE the day of 1 2013 ORDINANCE NO R \Legal \Legal \Ordmances\Public Works & Utilities \Commute Trip Reduction Plan -BMC 10 20 (2013) - final doc 13 Commute Trip Reduction Plan 9 93 INTERLOCAL AGREEMENT ADMINISTERING COMMUTE TRIP REDUCTION PLANS/ORDIN`ANCES This AGREEMENT, entered into by and between Kamp County (hereinafter referred to as the COUNTY), and the City of Bainbridge Island, the City of Bremerton, the City of Port Orchard, and the City of Poulsbo (hereinafter referred to as the CITIES), and Kitsap County Public Transit Benefit Authority (hereinafter referred to as KITSAP TRANSIT), hereinafter collectively referred to as the PARTIES, WITNESS THAT: WHEREAS, the Washington State Legislature enacted the Commute Trip Reduction Law (RCW 70.94.521 -551) requiring counties experiencing significant automobile- related air pollution and traffic congestion to develop, implement and adopt by ordinance Commute Trip Reduction Playas and Ordinances to reduce single- occupant vehicle commute trips; and WHEREAS. the PARTIES entered into an Interlocal Agreement designating KITSAP TRANSIT as the lead agency responsible for coordinating the development and implementation of the Commute Trip Reduction Plans and Ordinances within Kitsap County; and WHEREAS, KTTSAP TRANSIT developed a common Commute Trip Reduction Plan and Ordinance that was adopted into law by the COUNTY and CITIES; and WHEREAS, the Commute Trip Reduction Ordinances of the COUNTY and CITIES determine that it is within the best interest of the public to enter into an interloeal agreement with KITSAP TRANSIT, whereby KITSAP TRANSIT will be the lead agency responsible for implementing and administering the COUNTY'S and CITIES' Commute Trip Reduction Plans and Ordinances; and WHEREAS, the COUNTY may receive and distnbute funds from the Washington State Energy Office to support the implementation and administration of Commute Trip Reduction Plans and Ordinances within Kitsap County, and WHEMAS, the COUNTY and CITIES previously agreed via interlocal agreement that KITSAP TRANSIT will receive and manage the Commute Trip Reduction state fimds given to the COUNTY; and { WHEREAS, the COUNTY and CITIES, in compliance with their Ordinances, hereby desire to designate KITSAP TRANSIT as the permanent lead agency responsible for the administration of the Commute Trip Reduction Plans and Ordinances within Kitsap County NOW, THEREFORE. in consideration of covenants, conditions, performances and promises hereinafter contained, the PARTIES hereto agree as follows• I RE _EC&S• The recitals set forth above, constituting a basis of the agreement of the parties, are incorporated herein by referezicea.as of fully set forth. 2 SERM Mg-MMS: THE PARTIES shall perform the services specified in the STATEMENT OF WORK attached as Exhibit A, which is made a part of this AGREEMENT by this referennce. 3. EI& OM, The COUNTY shall remit to KITSAP TRANSIT, within twenty (20) days of receipt, all funds provided by the Washington State Energy Office (WSEO) to support Commute Trip Reduction Planning and Administration within Kitsap County. KITSAP TRANSIT shall distribute these funds based on the funding allocation attached as Exhibit B, which is made a part of this AGREEMENT by this reference. Funds provided to the PARTIES under this AGREEMENT shall be used solely for activities as outlined in this AGREEMENT and Exhibit A, to implement, administer and promote Commute Trip Reduction Plans and Ordinances. 4 CHANGE IN EL MUM: This AGREEMENT is contingent upon continued availability of Washington State funds for Commute Trip Reduction. If the State funds for Commute Trip Reduction are reduced or eliminated, the PARTIES shall review this AGREEMENT to determine the course of future Commute Trip Reduction activities in Kitsap County and any amendments to this AGREEMENT that may be required. 5 AGREF.I = PERIOD_ This AGREEMENT is effective as of Jaty 1, 1993. The term of this AGREEMENT shall be from the effective date until June 30, 1995, provided that said term small be extended automatically for additional and consecutive twenty -four (24) mouth terms. 6 TERMOIATION: The COUNTY and/or KITSAP TRANSIT may terminate this AGREEMENT by providing written notice of such termination, specifying the effective date thereof, at least ninety (90) days prior to such date. Reimbursement for services performed by KITSAP TRANSIT , and not otherwise paid for by the COUNTY prior to the effective date of such termination shall be paid as a pro rate portion of the applicable quarterly reimbursement amoan<. 7 SEVERABILTIY. One or more CITIES may withdraw from this AGREEMENT by providing written notice of such intent, specifying the effective date thereof, at least 2 ninety (90) days prior to such date. Such a withdrawal shall not affect other terms or conditions of this AGREEMENT between the remaining PARTIES. To this end, a withdrawal by a City from this AGREEMENT is declared severable 8. AGREEMENT MM ICATION& Any Party may request changes to this AGREEMENT. Any such changes that are mutually agreed upon shall be incorporated herein by written amendment of this AGREEMENT. No variation or alteration of the terms of this AGREEMENT shall be valid unless made in writing and signed by the PARTIES hereto. 9 . The PARTIES, in performance of this AGREEMENT, shall comply with all applicable local, state, and/or federal laws and ordinances, and agree that they shall not d(,scrimmate against any person who is paid, for work completed, by fonds indicated in this AGREEMENT or against any applicant for such employment on the grounds of race, color, religion, national origin, age, veteran status, or the presence of any sensory, mental, or physical disability. The PARTIES shall make reasonable accommodations to the sensory, mental, or physical disabilities of applicants and employees throughout the personnel process. In determining the extent of reasonable accommodation, the following factors will be considered. the safe and efficient operation of the organization; feasible financial costs and expenses; and the overall type and size of the organization's operation. 10 ELATION AND,b(ONITOBM; The PARTIES shall cooperate and freely participate in any monitoring or evaluation activities conducted by the Washington State Energy Office that are pertinent to the intent of this AGREEMENT. The Washington State Energy Office or the State Auditor and any of their representatives shall have full access to, and the right to examine during normal business hours and as often as the Energy Office or the State Auditor may deem necessary, all of KITSAP TRANSIT's records with respect to all matters covered in this AGREEMENT. Such representatives shall be permitted to audit, examine, and make excerpts or truwnpts from such records and to make audits of all contracts, invoices, material, payrolls, and records of matters covered by this AGREEMENT. Such rights shall expire three years from the date the COUNTY receives the final disbursement of Commute Trip Reduction fiords from the State. 11. INDEMNIFICATION: A. It is understood and agreed that this AGREEMENT is solely for the benefit of the PARTIES hereto and gives no right to any other party. No ,joint venture or partnership is formed as a result of this AGREEMENT. Each party hereto agrees to be responsible and assumes liability for its own negligent acts or omissions, or those of its officers, agents, or employees, to the fullest extent required by law, and agrees to save, indemnify, defend, and hold the other parties harmless from any such 3 �. A IN WITNESS WHEREOF, Kitsap County, the City of Bainbridge Island, the City of Bremerton, the City of Port Orchard, the City of Poulsbo, and Kitsap Transit have executed this AGREEMENT as of the date and year written below KITSAP CO T c Authorized ignahue uftrized Signature Billie Eder Win Grandhund Kitsap County Commissioner Kitsap County Commissioner 8= *�O -'q3 Dace Date KITSAP COUNTY KITSAP TRANSIT Auth&ized Signature Authorized Si Chris Endresen Richard M. Hayes Kitsap County Commissioner Executive Director g'3C- 3 tI — Date Dste CITY OF E ISLAND CITY OF BREMERTON AuI Signature Authorized 'pawn o or Sam J Granato Louis Date Deft T ORCHARD CIT OF POULSBO At 4Audhw�fi4zedsiguature Authorized Signature Leslie J. Weadierill Richard Mitchusson Mayor Mayor Date Date s .r- ..ti Exhibit A STATEMENT OF WORK Administering Commute Trip Reduction Plana and Ordinances INTRODUCTION: Kttsap County and the Cities of Bainbridge Island, Nreiherton, Port Orchard and Poulsbo have all adopted a common Commute Trip Reduction (CTR) Ordinance. This CTR Ordinance authorizes Kitsap Transit to administer the CTR Plan and Ordinance for each of the above jurisdictions. This STATEMENT OF WORK is incorporated into the Interlocal Agreement titled "ADUMSTERING CON04UTE TRIP REDUCTION PLANS/ORDINANCES" and outlines the tasks and responsibilities for mcli of the PARTIES. KITSAP TRANSIT TASKS: 1. Matntam and administer the COUNTY'S and CITIES' CTR Plan and Ordinances. 2. Employ a full -time 'Transportation Demand Management Planner to administer the COUNTY'S and CITIES' CTR Plans and Ordinances. 3. Employ a frill -time Rideshare Coordinator and provide ridematch services to all affected employers. 4 Take reasonable measures to identify and notify all affected employers within the County. S. Provide the Washington State Energy Office (WSEO), by April 30 of each year, a list of all affected employer worksites and the number of affected employees at each work site located within the County and Cities. 6. Coordinate and administer CTR employer surveys. 7. Maintain and provide WSEO with CTR affected employer survey database information in WSEO specified format at least two weeks prior to submitting survey forms for processing 8. Return all processed CTR Employee Questionnaires and Supplemental Questionnaires unaltered to their respective employer(s) within thirty (30) days of 6 r� A receipt from the statd with a copy of the CTR Guide for Employer Surveys or other WSEO reviewed survey guide instructional materials. 9 Distribute WSEO "Employer Cost Survey" forms to all affected employers within the County. 10 Provide on -going support and training to all employer designated Employee Transportation Coordinators (ETC's) and assist ETC's in developing networks and obtaining information necessary to perform their duties. 11 Market available services to affected employers, to assist in their accomplishing the CTR goals. These services include, but are not limited to the following: 11.1 Assist employers in developing succ essfid CTR Programs. 11.2 Continue to meet with employers to provide ongoing support and to assist in the implementation of their CM Programs. 11.3 Provide employer survey assistance. 11.4 Provide flextime, telecommuting and parking management consultation. 11.5 Hold transportation fairs at affected employer worksites to encourage high - occupant vehicle commuting and to promote the employer's CTR Program. 11.6 Assist in the design and construction of employer commuter information centers and provide newsletter articles and other promotional material as requested. 12. Maintain an appeals process as described in the CTR Ordinance for all affected employers 13 Provide the State CTR Task Force with copies of any employer requested waivers and/or modifications from the CTR requirements for review and comment at least one week prior to adoption, action, or decision. 14. Submit to WSEO quarterly invoice vouchers and progress reports summarizing current CTR events and projects (including training classes) held within the County 15. Submit to WSEO an annual progress report that contains information sufficient for WSEO to adequately and accurately assess the progress mede by each jurisdiction 7 T Oak in the Count coward tmplementing the State CTR Law This annual progis report will include: A. Kstsap Transit's CTR contact person's name, mailing address, and Phone number B. A p report in attaining the applicable CTR goals. C Any significant problems encountered D One (1) hard copy of each affected employer's most recent program Description and Employer Annual Report. E. An electronic version of each - affected employer's most recent Program Description and Employer Annual Report, if available from the WSEO. F. A list of CTR Turners and Reviewers on staff at Kitsap Transit. 16. Require all affected employers to complete and and submit to Xrrw WSEO "Program Description & Employer Annual R eport" form. TRANSIT the 17 Provide WSEO with copies of any CTR related amendments to County's and/or CrMT parking ordinances within the first weds of the public review period, and final copies of such action within one (1) month of adoption. 18 Provide Washington State Energy Office (WSEO) with copies of any proposed amendments to the COUNTY'S and/or CITIES CTR Ordinances within the first week of the public review period, and final copies of such action within one (1) month of adoption 19- Notify WSEO of any proposed changer in CTR Zone boundaries and/or values (ProPmtion of Single - Occupant Vehicle commute trips and/or commute trip Vehicle Miles Traveled per employee) within the first week of the public review Penod, and final copies of such action within one (1) month of adoption. 20 A" WSEO staff with the CTR evaluation. 2 1. Save as liaison between WSEO and the COUNTY, the CITIES and Kitsap Regional planning Councal. 22. Develop and Wmku tin a County -wide carpool registration public and . that would allow the participation of both � Primate employers. 23 Review all proposed site plans as they relate to the CTR Ordinances for all iWisdictions and recommend transportation plans that will encourage the use of alternative transportation modes. 8 .w., COUNTY AND CITIES TASKS: 1 Review parking policies and ordinances as they relate to affected employers and affected work -sites and make any revisions necessary to promote the intent of the CTR Plan and Ordinance. Provide Kitsap Transit with notices of public hearings and final copies of such action within one month of adoption. 2. Provide Kitsap Transit with copies of any proposed amendments to the CTR Plan and Ordinance 3 Remit quarterly to KITSAP TRANSIT a report containing information sufficient for KITSAP TRANSIT to adequately and accmately assess the progress made toward implementing and complying with the CPR Plan and Ordinance. 9 Commute Trip Reduction Plan 2011 -2015 Jurisdiction: City of Bremerton Targets- State Minimum Goals for 2011 - 2015 reduction DAR and 13% reduction VMT What is your 2007 -2008 baseline drive alone rate (DAR) and vehicle miles traveled (VMT)? DAR 50 3% VMT 7_9 What is your current performance for the 2011 -2012 survey period? DAR 67.9% VMT 10.4 What are your target percentage goals for the 2015 -16 survey period? DAR 45 2% VMT 6_9 What is your daily drive -alone trips reduced target (based on the 2015 -2016 survey period DAR goal)? Daily drive -alone trips reduced 735 Strategies What specific steps and strategies will you implement to effectively remove this number of trips in your area? 1 Have the ETC correlate with CTR- affected employees to implement programs 2 Maintain the CTR program and make every effort to reduce City employee SOV trips 3 Keep employees informed of benefits for ride - sharing and make preferred parking available for those that participate. 4 Improve alternate work schedules for employees 5 Create a CTR committee with the City of Bremerton employees to better implement new policies per the updated ordinance Comprehensive Planning- How will you further integrate commute trip reduction through the updating of your local comprehensive plan (i e, parking, land use) 1 Designated parking for ride -share employees 2 Free parking for those vehicles included in carpooling efforts 3 Safe - keeping of bikes for day use storage GTEC Report (if your jurisdiction has a designated GTEC) Are you continuing to implement if so, what are the goals and targets for the GTEC? How will progress be measured? With annual surveys What specific policy, service changes, and land use steps will be accomplished during this period? Regional Transportation Planning Organization CTR Plan Review ❑ Recommended ❑ Not Recommended RTPO Comments CTR Identification Organization Name Worksite Name Total Employees Code E50179 Naval Hospital Bremerton US Navy - Naval Hospital Bremerton 1462 E50195 NAVSUP Fleet Logistics Center Puget Sound NAVSUP Fleet Logistics Center Puget Sound 212 E50211 Olympic Community College Olympic Community College 1200 E50229 U.S Navy US Navy - Puget Sound Naval Shipyard & IMF 10465 E50534 U S Navy Naval Base Kitsap 229 E50542 Kitsap Credit Union Kitsap Credit Union 125 E50559 DLA- Maritime DLA Maritime - Puget Sound 205 E50328 WA State Dept of Social and Health Services Frances Haddon Morgan Center 265 E50336 KPS Health Plans Kitsap Physicians Service 163 E50450 WA State Dept of Social and Health Services Community Service Office 99 14425 13898 Sites highlighted are not included in the final measurement 201112012 year Data collected from these sites during the baseline year calculated in aggregate /ur►sdic►tion totals d AGENDA BILL "ID CITY OF BREMERTON CITY COUNCIL ■■ eeeseeeeeeoeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeoeeeeeeeeeeeseeeeeeeeeeeeee SUBJECT- Institutional Controls Plan and PW Committee Date 9/10/13 Environmental Covenant for Former COUNCIL MEETING Date 9/18/13 Chevron Property Department PW &U Presenter Knuckey Phone 473 -2376 SUMMARY. The 14 Acre waterfront property was purchased from Chevron in 2005 Subsequent to the purchase, the City entered into an Agreed Order with the Department of Ecology to coordinate clean -up of the site, and to be eligible to receive grant funding for the implementation Remediation (clean -up) activities completed in 2009 and 2010 removed the majority of the site contamination, however, residual contamination above threshold levels established by the Model Toxics Control Act (MTCA) remains deep at the site This residual contamination was anticipated both by Ecology, and the City One requirement resulting from the Agreed Order is development of an Institutional Controls Plan (ICP) to establish restrictions on the use of the site The purpose of the ICP is to protect human health and the environment, the restrictions may be revised as contamination levels reduce at the site The Environmental Covenant is the document to be recorded against the property documenting the use restrictions ATTACHMENTS: Institutional Controls Plan & Environmental Covenant FISCAL IMPACTS (Include Budgeted Amount) None for this specific action To date the City has expended approximately $1 9M remediating the property, with costs grant funded at 90% Ongoing monitoring expenses are expected to be $37,500 per year, beginning in 2014 This expense has been included in the preliminary 2014 Engineering budget PW COMMITTEE AGENDA ❑ No Presentation 0 Full Presentation PW COMMITTEE ACTION: 0 Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION. Move to approve the Institutional Controls Plan and Environmental Covenant, and authorize the Mayor to finalize and execute the Environmental Covenant with substantially the same terms and conditions as presented COUNCIL ACTION. ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/25/13 Former Chevron Property Institutional Controls Plan Prepared for City of Bremerton August 2013 Prepared by Parametrix Former Chevron Property Institutional Controls Plan Prepared for City of Bremerton 3037 Olympus Drive Bremerton, WA 98310 Prepared by Parametrix 4660 Kitsap Way, Suite A Bremerton, WA 98312 -2357 T 360 377 0014 F 360 479 5961 www parametrix com August 2013 1 233 - 1896 -107 (02/03) CITATION Parametnx 2013 Former Chevron Property Institutional Controls Plan Prepared by Parametrx, Bremerton, Washington August 2013 Former Chevron Property Institutional Conti ols Plan City of Bremerton CERTIFICATION The technical material and data contained in this document were prepared under the supervision and direction of the undersigned, whose seal, as a professional engineer licensed to practice as such, 1s affixed below Prepared by Jemfer Ramsey, P E Checked by David Dlnkuhn, P E Approved by David Dmkuhn, P E August 2013 1 233 - 1896 -107 (02/03) Formes Chevron Property Institutional Controls Plan City of Bremerton TABLE OF CONTENTS 1 INTRODUCTION .......... .. .......... . . ....... ...... 2. SITE DETAILS .. .. .. ... .. ... ... ..2 -1 2 1 EXISTING CONDITIONS 2 -1 2 1 1 Soil 2 -1 212 Groundwater 2 -2 22 RISK EXPOSURE PATHWAYS 2 -2 23 FINAL CLEANUP ACTION 2 -2 24 INSTITUTIONAL CONTROLS OBJECTIVES 2 -5 25 FUTURE LAND USE 2 -5 26 PROPERTY INFORMATION AND STAKEHOLDER CONTACTS 2 -5 27 LAND USE AND INSTITUTIONAL CONTROLS BOUNDARIES 2 -5 3. INSTITUTIONAL CONTROLS ......... ..... ...... .. 3 -1 3 1 INSTITUTIONAL CONTROL NO 1 — RESTRICTIVE ENVIRONMENTAL COVENANT 3 -1 32 INSTITUTIONAL CONTROL NO 2 — MAINTENANCE PROGRAM 3 -2 32 1 Soil Cover 3 -2 3 2 2 Monitoring Wells 3 -2 323 Monitoring Reporting 3 -3 33 INSTITUTIONAL CONTROL NO 3 — PROPERTY TRANSFER NOTIFICATION 3 -3 34 INSTITUTIONAL CONTROL NO 4 — FUTURE SITE DEVELOPMENT, PLANNING, AND PERMITTING 34 35 INSTITUTIONAL CONTROL NO 5— 5 -YEAR REVIEW REPORT 3 -5 4 PLAN GUIDANCE ....... . . ............ ......... . ........... .........4 -1 5. REFERENCES.. ... .... ... .. .... 5 -1 LIST OF FIGURES 1 -1 Project Vicinity 1 -3 2 -1 Residual Contanunatlon Extents 2 -3 LIST OF TABLES 2 -1 Property Information 2 -5 3 -1 Summary of Anticipated Maintenance Requirements 3 -2 APPENDICES A Restrictive Environmental Covenant August 2013 233 - 1896 -107 (02/03) 1 Foimei Chevron Property Institutional Controls Plan I Cary of Bremerton KEY TERMS µg/L micrograms /liter AO Agreed Order CAP Cleanup Action Plan City City of Bremerton cy cubic yards Ecology Washington State Department of Ecology IA Interim Action ICP Institutional Controls Plan LTGMP Long -Term Groundwater Monitoring Plan mg /kg milligrams per kilogram MTCA Model Toxics Control Act PAHs Polycyclic aromatic hydrocarbons psi pounds per square inch RCW Revised Code of Washington RI/FS Remedial Investigation/Feasibility Study Site Former Chevron Property USEPA United States Environmental Protection Agency WAC Washington Administrative Code August 2013 1 233 - 1896 -107 (02/03) ��� Former Chevron Proper ty Institutional Conti ols Plan I CIty of Bremerton 1. INTRODUCTION This Institutional Controls Plan (ICP) describes the implementation and maintenance of land use and institutional controls selected for the Former Chevron Property (Site) located at 1310 Highland Avenue in Bremerton, Washington (Figure 1 -1) The ICP was developed for the City of Bremerton (City) as a requirement of the Site's Draft Cleanup Action Plan (DCAP) (Parametnx 2012) and Agreed Order Number DE- 12TCPHQ -9509 established between the Washington State Department of Ecology (Ecology) and the City The Former Chevron Property is a 1 4 -acre waterfront property located adjacent to Evergreen Rotary Park on the Port Washington Narrows in a residentially developed area in Bremerton, Washington (Figure 1 -1) The Site is bounded to the north and the west by Evergreen Rotary Park, to the east by the Port Washington Narrows, and to the south by single family residences The majority of the Site's shoreline is armored with concrete rubble or steel and wooden bulkheads Previous land use activities at the Site left soil and groundwater contamination, primarily petroleum fuels and associated constituents The City performed Interim Action (IA) activities at the site in 2009 and 2010 that cleaned up the majority of the site contamination Residual soil and groundwater contamination exists, this ICP fulfills one of the requirements of the DCAP to establish and implement institutional controls and land use restrictions to ensure that the integrity of the cleanup action will be maintained in order to provide short and long -tern protection of human health and the environment August 2013 1 233 - 1896 -107 (02/03) 1.1 U ,� mom" ,fit � �� .. � �. �. �► � ��� �.T;! � � � ►..mo �, � .. �,..,�- dP 4 "Mff so lot Former Chevron Property Institutional Conti ols Plan City of Bremerton 2. SITE DETAILS The Site is the former location of a Chevron bulk fuel tank farm used for commercial sale of petroleum products An unknown amount of petroleum was released into the Site's soil and groundwater during Site tank farm operations Site contamination was discovered by Chevron in 1988 when the tank farm was decommissioned Chevron conducted cleanup at the Site from 1988 through 2003, including the installation and operation of a vapor extraction remediation system The City of Bremerton purchased the property in 2005 with the intention of completing the cleanup and developing the property as an addition to Evergreen Rotary Park At the time the City purchased the property, significant contamination remained in the former tank area and operations area where tanker trucks were loaded Initial cleanup activities by the City consisted of a review of the Site's historical data and development of cleanup approaches and preliminary cost estimates Following this work, the City began negotiations with Ecology for establishing an Agreed Order (AO) for cleanup Negotiations included agreement on an Interim Action approach consisting of hot spot removal and in -place treatment of soil using chemical oxidation Establishment of an AO provided the City with a funding opportunity under Ecology's Remedial Action Grant program The AO was finalized on November 20, 2007, and the City began the Remedial Investigation/Feasibility Study (RUTS) process RI sampling was conducted to evaluate the extent of contamination at the Site The sampling showed that the extent was similar to that seen historically but that concentrations in soil and groundwater were generally lower An 1A was performed during the summer of 2009 and consisted of the removal of approximately 1,200 cubic yards (cy) of contaminated soil from three hot -spot areas and the in -place treatment of approximately 4,000 cy of contaminated soil by soil mixing using a proprietary chemical oxidant (RegenOx) Results of confirmatory soil samples collected during the IA indicated that approximately 70 percent of the soil contaminant mass was destroyed by the RegenOx application All upper yard contaminated soils in excess of cleanup levels were removed during the IA Residual contamination present in lower yard soil and groundwater at the Site are currently undergoing natural attenuation (Parametnx 2011) In late 2010, the City and Ecology negotiated an agreement to perform additional work including a quarterly sampling round and infection of oxygen releasing compound in select areas where elevated groundwater concentrations were observed The results of the additional testing completed in 2011 indicated that natural attenuation is continuing to occur in groundwater 2.1 EXISTING CONDITIONS The following sections describe existing media conditions based on the most recent soil data collected during 2009 and groundwater collected in January 2013 2.1.1 Soil Residual contaminated soils with concentrations exceeding cleanup levels remain in some lower yard areas (Figure 2 -1), however, residual concentrations are significantly reduced from pre -IA levels (Parametnx 2012) Contaminants that currently exceed cleanup levels in lower yard subsurface soils consist of • Gasoline (up to 1,000 milligrams per kilogram[mg/kg]), • Benzene (up to 5 4 mg/kg), August 2013 1 233 -1896 -107 (02/03) 2 -1 I Formej Chevron Propej ty Institutional Controls Plan City of Bremerton • Ethylbenzene (up to 20 mg/kg), • Total xylenes (up to 94 mg/kg), and • Polycyclic aromatic hydrocarbons (PAHs, up to 2 7 mg/kg by toxicity equivalency method) 2.1.2 Groundwater The approximate extent of groundwater contamination exceeding cleanup levels based on the most recent performance monitoring is shown on Figure 2 -1 Contaminants that currently exceed cleanup levels in groundwater consist of • Gasoline (up to 3,000 micrograms /liter [pg/L]), • Benzene (up to 68 µg/L) 2.2 RISK EXPOSURE PATHWAYS As identified in the DCAP, potentially complete exposure pathways include the following • Current/Future Outdoor Recreational User Inhalation of vapors from the subsurface (groundwater and soil) in outdoor air • Current/Future Construction/Utility Worker Incidental soil ingestion and dermal contact Inhalation of vapors from the subsurface soil in outdoor air Inhalation of vapors from or dermal contact with groundwater in a trench or excavation • Ecological Receptors Incidental soil ingestion and dermal contact in a burrow Inhalation of vapors from the subsurface soil in outdoor air or in a burrow Inhalation of vapors from or dermal contact with groundwater in a burrow Exposure to contaminants could occur via the complete exposure pathways described above Based on the nature of the Site and the extent of contamination, current risks appear limited The likely greatest potential risk to human receptors is to construction workers during soil- disturbing activities The second most likely exposure risk is to outdoor recreational users and ecological receptors from inhalation of vapors from the outdoor air as the Site's future development will be park space 2.3 FINAL CLEANUP ACTION The City of Bremerton enhanced the existing soil cover over residual contaminated soils in 2012 in preparation for park development The soil cover consists of 8 feet of existing soil above residual contaminated soils and approximately 2 to 3 feet of clean sandy gravel above the 8 -foot layer Thus, the total clean soil cap thickness is 10 to 11 feet Monitoring wells are present throughout the Site in order to provide for long -term monitoring of the IAs The monitoring wells present on the Site were retained and extended to the new grade elevation via protective box completions at the ground surface and secure locking caps No other physical response actions are planned for the Site 2 -2 August 2013 1 233- 1896 -107 (02/03) LEGEND SOIL EXCAVATIOWSOIL MIXING AREA MW 19R Q MONITORING WELL +" R INDICATES REPLACEMENT WELL INSTALLED FOR LONGTERM MONITORING ESTIMATED FOOTRINTT SOILMD1INGAREA OF CONTAMINATED SOIL EXCEE DING GENERAL NOTES MI _ - - ACLEANUPLEVELS CA / MW 26R ^` MW 22R 1 CONTOUR DATUM NAVD 88 r L � -- \ MW 13R C7 ESTIMATED EXTENT OF GROUNDWATER / ` EXCEEDING MTCA A CLEANUP LEVELS / EXCAVATION EAS t _ I AR + T f MW 25 I 1 1 J SOIL EXCAVATION V I �'✓ I -- -.I AREA 1A AREA 1R_ SEWER PUMP STATION MIN 4R T ' 1 MW 21R i I MW 27 1 4f MW 9R Q \ \ I MW tORO 1 7 ` QMW20R „ J �J r \ l:% v \ �� �1 �MW tT / 0•MW2 ��` 0•Mwn I \ \ �� SOIL EXCAVATON AREA 2 HIGHLAND AVE Parametrix W E,ure Y6 0,) FRE BRid96,UT O Figure 2 -1 Former Chevron Property �9 Residual Contamination Extents SCALE IN FEET Institutional Controls Plan Former Chevron Property Institutional Conti ols Plan Qty of Bremerton 2.4 INSTITUTIONAL CONTROLS OBJECTIVES The objectives of the institutional controls and land use restrictions for the Site are set in place to prohibit activities that may interfere with the cleanup action, operation and maintenance, or monitoring, or may result in the release of a hazardous substance that was contained as a part of the cleanup action and include • Prevention or proper management of excavation activities within the contaminated soil • Prevention of site groundwater use for any purpose • Maintenance and upkeep of groundwater monitoring wells • Maintenance and upkeep of soil cover • Establishment of a restrictive or environmental covenant on the Site to limit or prohibit land and resource usage to meet the above goals 2.5 FUTURE LAND USE It is anticipated that the Site will remain a park in perpetuity Should the Site's land use designation change, controls and restrictions detailed in this document have been identified and designed to minimize exposure and maintain protection of human health and the environment 2.6 PROPERTY INFORMATION AND STAKEHOLDER CONTACTS Information provided in this section pertains to stakeholders and other individuals or entities that may have an interest in the Site Table 2 -1 describes details of the Site and identities those individuals Table 2 -1 Property Information P O wn e r City o f Br e m erton Parcel Number 3709 - 001 - 003 -0102 Owner Information City Engineer City of Bremerton Public Works & Utilities (360) 473 -5270 Bremerton 1 @cl bremerton wa us Ecology Site Manager Christopher Maurer Washington State Department of Ecology Site Manager Lacey, Washington (360) 407 -7223 cmau461(&ecv wa gov 2.7 LAND USE AND INSTITUTIONAL CONTROLS BOUNDARIES Figure 2 -1 depicts locations of residual soil and groundwater contamination above Model Toxics Control Act (MTCA) Method A levels, as well as monitoring wells and limits of soil cover to be maintained August 2013 233 - 1896 -107 (02/03) 2 -5 Formes Chevron Property Institutional Conti ols Plan Oty of Bremerton 3. INSTITUTIONAL CONTROLS Washington Administrative Code (WAQ 173- 340- 360(2)(e) requires cleanup actions to use institutional controls to limit or prohibit activities that may interfere with the integrity of a cleanup action or that may result in exposure of hazardous substances at a site They are required to ensure the continued protection of human health and the environment and the integrity of the cleanup Institutional controls may include physical measures (such as fences), restrictions on the use of the property, maintenance requirements for engineering controls (e g, maintenance of caps), education programs, and financial assurances Development and implementation of an Institutional Controls Plan and establishment of land use restrictions were identified as the primary actions outlined in the CAP for continued protection of human health and the environment These actions have been combined into one document and are addressed by element type in the following sections 3.1 INSTITUTIONAL CONTROL NO. 1 — RESTRICTIVE ENVIRONMENTAL COVENANT A restrictive environmental covenant will be developed and approved by the City and Ecology The covenant shall include information on the prohibited uses or activities associated with the soil or groundwater at the Site The City shall complete the covenant as soon as possible or by December 31, 2013 The covenant shall be recorded on the deed of the property with the Kitsap County Auditor located at 619 Division Street in Port Orchard, Washington By recording a covenant, this will establish land use restrictions on the Site which will limit soil excavation activities and prohibit site groundwater usage for any purpose Appendix A contains a draft copy of the covenant to be filed with the Kitsap County Auditor Governmental enforcement of the covenant is outlined in the Agreed Order Soil and groundwater within the Site's legal description (Appendix A) will be bound by the covenant Groundwater associated with the Site shall be bound until concentrations of chemicals of concern outlined in the Long -Term Groundwater Monitoring Plan (Parametrix 2013) meet cleanup criteria established in the DCAP The covenant shall remain in place for soil until impacted areas meet cleanup criteria Implementation of the covenant shall be by December 31, 2013 Institutional Control No. 1 Action Summary Record a Restrictive Environmental Covenant with the Kitsap County Auditor on the deed of the property to ensure the remedial action is protected and not damaged by any activities at the Site The covenant shall also serve to notify future owners of the restrictions that have been placed on the property Any notice of conveyance related to the property as well as language requiring compliance with applicable institutional controls shall be included Party Responsible for Action City of Bremerton Enforcing Party Ecology via Agreed Order No DE- 07TCPHQ -5024 Timing As soon as possible or by December 31, 2013 August 2013 233 - 1896 -107 (02/03) 3 -1 Foi mei Chevron Property Institutional Controls Plan Gty of Bremerton 3.2 INSTITUTIONAL CONTROL NO.2 - MAINTENANCE PROGRAM At regular intervals, the Site should be evaluated to ensure the soil cover and monitoring wells are functioning as intended Maintenance activities will be triggered based on observations made during these evaluations Specific criteria that would trigger a maintenance event have not been set Rather, the decision shall be made by the O &M supervisor using best professional judgment Significant repairs, such as repairs to engineering controls like the soil cover, should be performed by experienced contractors that are licensed and bonded Repairs should be conducted using the same procedures used during the remedial action construction Similarly, repair materials should be the functional equivalent of materials used during remedial action construction A summary of maintenance requirements and frequency is provided in Table 3 -1 Specific repair requirements are described below Table 3 -1 Summary of Anticipated Maintenance Requirements Maintenance Item Fr Surface Cover Inspection Annually Surface Cover Repair As needed Surface Cover Maintenance As needed Monitoring Well Inspection During sampling events or annually at minimum Monitoring Well Repair As needed Maintenance Report Ann 3.2.1 Soil Cover Surface inspections shall be carried out to look for eroded or bare areas, vegetation with deep roots (such as trees) and overall degree of vegetative cover Repairs will be made to the cover surface on an "as- needed" basis to correct any cracking, penetration, deterioration, or settlement of the cover that causes ponding of water Erosion and bare areas should be repaired and/or reseeded Access to the Site shall be controlled to prevent cover being disturbed by heavy machinery The only equipment allowed to operate on the surface of the covers shall be low ground pressure equipment such as lawn mowers 3.2 2 Monitoring Wells Monitoring wells shall be visually inspected to ensure they are capped, locked, and in good condition This includes the inner and outer casing, well coverings and lids, lid bolts and any padlocks Monuments and/or other identification of the well should be present and easily read Any well conditions that threaten public safety shall be dealt with immediately During sampling, well water should be visually inspected for any changes such as sediment volume, color, or unidentified solids that may indicate the well is failing (increase in sediment) or biofouling (changes in color or unidentified solids) Either of these conditions may signify the well is compromised, and an assessment should be made if further action is required, such as well redevelopment 3 -2 August 2013 1 233 - 1896 -107 (02/03) Fa mei Chevron Property Institutional Conti ols Plan City of Bremerton 3.2.3 Monitoring Reporting A brief Maintenance Report should be prepared following each significant maintenance event or annually A significant event is one where a repair is made to an engineering control, such as the soil cover or groundwater monitoring well The report should contain the following elements • Description of inspection activities for the year • A narrative of activities and personnel involved and a synopsis of repair materials /procedures used, • Digital photos of the maintenance area(s), • Maps and/or aerial photos used in the field to depict areas where repairs were conducted, • Recommendations for specific monitoring procedures related to the repair if required An example is an increase in monitoring frequency to ensure that an erosion control repair is functioning effectively Institutional Control No 2 At regular intervals, the Site should be evaluated to ensure the soil cover and monitoring wells are functioning as intended Maintenance activities will be triggered based on observations made during these evaluations Action Summary Specific inspections and maintenance activities include a) Surface inspections for the sod cover, checking for erosion, vegetation, cracking, penetration, deterioration, or settlement of the cover that causes ponding of water b) Visually inspect monitoring wells for being capped, locked, and in good condition During sampling, watch for sediment, changes in water color or unidentified solids which may indicate problems with well c) Prepare Maintenance Report for any significant maintenance event for an engineering control Party Responsible for Action City of Bremerton Enforcing Party Ecology via Agreed Order No DE- 12TCPHQ -9509 Timing As shown in Table 3 -1 3.3 INSTITUTIONAL CONTROL NO. 3 — PROPERTY TRANSFER NOTIFICATION If the City sells or leases the property, subsequent owners or lessees will be on notice through the Restrictive Environmental Covenant that restrictions apply to their use of the property Regulatory agencies must be notified of ownership transfer and how the City will ensure any obligations relating to the remedial action will be binding for future owners The City must give Ecology 30 days advance notice of its intent to convey any interest in the property No conveyance of any title, easement, lease, or other interest may occur unless adequate provisions are made for continued monitoring, operation, and maintenance of the remedial action If any interest is transferred, the City shall restrict uses and activities per the Agreed Order and notify transferees of the restrictions on the use of the property August 2013 1 233 - 1896 -107 (02/03) 3 -3 Forme] Chevron Proper ty Institutional Controls Plan City of Bremerton In addition to notifying third parties, Washington State law requires under Revised Code of Washington (RCW) 64 06 that sellers of improved or unimproved property must disclose environmental conditions at the time of sale, including groundwater contamination This regulation ensures future owners of properties impacted by the Site will be informed and understand the environmental conditions that may affect the property Institutional Control No. 3 In accordance with the Restrictive Environmental Convent for the Site, the City will provide advanced notice to the Department of Ecology whenever the City leases or sells any portion of the property to a third party The notice must also indicate if any of the City's obligations will be performed by the third party acquiring the real property Action Summary Provide 30 days advanced notice to Ecology whenever the City leases or sells any portion of the property to a third party Party Responsible for Action City of Bremerton Enforcing Party Ecology via Agreed Order No DE- 12TCPHQ -9509 Timing City will provide thirty days' notice to Department of Ecology prior to leasing or selling any interest in the property 3.4 INSTITUTIONAL CONTROL NO.4 - FUTURE SITE DEVELOPMENT, PLANNING, AND PERMITTING The City may determine that redevelopment of all or a portion of the Site is feasible at some point in the future Currently, the area is to become part of the adjoining park, Evergreen Park If development of the Site was ever considered, the following general approaches will be followed in considering development/redevelopment plans Scenario 1 The City is considering a defined land use proposal for a specific area on the property 1 City and Ecology evaluates the development proposal for consistency with the remedy in place and with institutional controls in place, 2 City and Ecology evaluates project details to determine if additional engineering controls are necessary to ensure continued protectiveness of the remedy, 3 Agency approval of the specific proposal will be required, and 4 Public notice providing the details of the proposed development will be issued as needed for compliance with local requirements (i a for a specific land use action) Scenario 2 City is considering potential unspecified redevelopment of all or a portion of the property I City conducts a public survey and/or a public meeting to gain an understanding of public needs and desires, 2 City and Ecology evaluates the development proposal for consistency with the remedy in place and with institutional controls in place, 34 August 2013 1233-1896-107(02/03) Fames Chevron Property Institutional Conti ols Plan CIty of Bremerton 3 City determines the path forward for implementing potential development proposals depending on types of projects, financing, etc, and 4 Once a specific development proposal is made, steps associated with Scenario 1 above are followed as appropriate based upon the specific project All actions carried out on the property by the City must be in accordance with all applicable federal, state, and local requirements, including any requirements to obtain permits Pursuant to RCW 70 105D 090(1), for any work the City must perform as part of the Agreed Order, it is exempt from the procedural requirements for RCW Chapters • 70 94 (Clean Air) • 70 95 (Solid Waste) • 70 105 (Hazardous Waste) • 77 55 (Construction Projects in State Waters) • 90 48 (Water Pollution Control) • 90 58 (Shoreline Management) However, the City still must meet the intent, or substantive requirements for such permits or approvals for the work Institutional Control No. 4 The City may determine that redevelopment of all or a portion of the Site is feasible at some point in the future Currently, the area is to become part of the adjoining park, Evergreen Park If development of the Site was ever considered, the City would need to prepare a development plan for review and approval by Ecology Permitting requirements will need to be met, however, the process for meeting the permitting requirements differs depending on if the development is required as part of the Agreed Order Action Summary Provide a development plan for Ecology review and approval Comply with permitting requirements Party Responsible for Action City of Bremerton Enforcing Party Ecology via Agreed Order No DE- 12TCPHQ -9509 Timing City will provide development plan to Ecology at least six months prior to development Necessary permits will be acquired prior to development implementation 3.5 INSTITUTIONAL CONTROL NO. 5 — 5 -YEAR REVIEW REPORT A Long -Term Groundwater Monitoring Plan (LTGMP) has been developed for the continued monitoring at the Site (Parametnx 2013) The plan describes semi - annual groundwater sampling for the first 4 years of the program followed by 1 year of quarterly sampling At the conclusion of the program, a summary report will be generated which will evaluate the results of the first 5 years of monitoring and propose changes, additions, or deletions to the monitoring locations, frequency, and parameters August 2013 1 233- 1896 -107 (02/03) 3 -5 Fon men Chevron Propei ty Institutional Controls Plan City of Bremerton In conjunction with the LTGMP, this Institutional Controls Plan shall be reviewed at the end of the 5 -year long -term groundwater monitoring period by the City and Ecology A 5 -Year Institutional Controls Summary Report shall be produced by the City describing • Any significant maintenance events, such as repairs, that occurred and their maintenance records, and • Any proposed changes, additions, or deletions of institutional controls as needed to continue to protect the Site and the remedial action Copies of the Monitoring Reports for the 5 -year period will be included in an appendix The report will be submitted to Ecology for review and comment in conjunction with the 5 -year groundwater monitoring summary report Following the Ecology review and comment period, updates to or termination of the institutional controls may be necessary Institutional Control No 5 At the end of the 5 -year long -term groundwater monitoring time period, this Institutional Control Plan shall be reviewed and updated and a 5 -Year Institutional Controls Summary Report, Including information regarding any significant maintenance performed and any changes to the institutional controls applied to the Site, will be prepared Action Summary A 5 -Year Institutional Controls Summary Report shall be prepared for this Institutional Control Plan Party Responsible for Action City of Bremerton Enforcing Party Ecology via Agreed Order No DE- 12TCPHQ -9509 Timing City will report to Ecology in conjunction with the 5 -year long -term groundwater monitoring report 3 -6 August 2013 1 233 - 1896 -107 (02/03) l S Foimei Chevron Property Institutional Controls Plan I City of Bremerton 4. PLAN GUIDANCE The contents of this document are organized and contain the information as suggested by recent guidance developed by the United States Environmental Protection Agency (USEPA) entitled Institutional Controls A Guide to Preparing Institutional Implementation and Assurance Plans at Contaminated Sites (USEPA 2012) This document is a working document and should be updated as necessary to meet the institutional controls objectives August 2013 1 233 - 1896 -107 (02/03) 1 4 -1 Fa mei Chevron Property L:shtutional Conti ols Plan Cjty of Bremerton 5. REFERENCES Ecology (Washington State Department of Ecology) 2007 Chevron tank farm Port Washington Narrow (former Chevron property) Agreed Order # DE- 07TCPHQ -5024 November Parametnx 2011 Former Chevron property remedial investigation/feasibility study report Draft Version Prepared for the City of Bremerton September Parametnx 2012 Former Chevron property cleanup action plan Draft Prepared for the City of Bremerton January Parametnx 2013 Former Chevron property long -term groundwater monitoring plan Prepared for the City of Bremerton January USEPA (United States Environmental Protection Agency) 2012 Institutional controls a guide to preparing institutional implementation and assurance plans at contaminated sites December 2012 August 2013 1 233 - 1896 -107 (02/03) 5 -1 Appendix A Restrictive Environmental Covenant Restrictive Environmental Covenant After Recording Return to Department of Ecology Toxics Cleanup Program Lands and Aquatic Lands Section 300 Desmond Drive SE P O Box 47600 Lacey, Washington 98504 -7600 Public Works and Utilities City of Bremerton 3027 Olympus Drive Bremerton, Washington 98130 -4620 Environmental Covenant Grantor: City of Bremerton Grantee: State of Washington, Department of Ecology Legal: 1310 Highland Avenue, Bremerton, Washington 98310 [Legal description in Attachment A ] Tax Parcel Nos.: 3709 - 001 - 003 -0102 Cross Reference: Original Covenant Grantor, CITY OF BREMERTON hereby binds Grantor, its successors and assigns to the land use restrictions identified herein and grants such other rights under this environmental covenant ( hereafter "Covenant" ) made this day of , 20_ in favor of the State of Washington Department of Ecology (Ecology) Ecology shall have full right of enforcement of the rights conveyed under this Covenant pursuant to the Model Toxics Control Act, RCW 70 105D 030(1)(g), and the Uniform Environmental Covenants Act, 2007 Wash Laws ch 104, sec 12 This Declaration of Covenant is made pursuant to RCW 70 105D 030(1)(f) and (g) and WAC 173 - 340 -440 by CITY OF BREMERTON, its successors and assigns, and the State of Washington Department of Ecology, its successors and assigns (hereafter "Ecology ") Page 1 of 6 A remedial action (hereafter "Remedial Action ") occurred at the property that is the subject of this Covenant The Remedial Action conducted at the property is described in the following documents - SEPTEMBER 2011 FORMER CHEVRON PROPERTY DRAFT REMEDIAL INVESTIGATION /FEASIBILITY STUDY REPORT - JANUARY 2012 FORMER CHEVRON PROPERTY DRAFT CLEANUP ACTION PLAN These documents are on file at Ecology's OLYMPIA Office This Covenant is required because residual concentrations of GASOLINE, BENZENE, ETHYLBENZENE, TOTAL XYLENES, and POLYCYCLIC AROMATIC HYDROCARBONS in SOIL and GASOLINE and BENZENE in GROUNDWATER which exceed the Model Toxics Control Act Method A Cleanup Levels for SOIL and GROUNDWATER established under WAC 173 - 340 -704 remain following the Remedial Action This Restrictive Covenant is also required because a conditional point of compliance has been established for SOIL and GROUNDWATER The undersigned, CITY OF BREMERTON, is the fee owner of real property (hereafter "Property ") in the County of KITSAP, State of Washington, that is subject to this Covenant The Property is legally described IN ATTACHMENT A OF THIS COVENANT AND MADE A PART HEREOF BY REFERENCE CITY OF BREMERTON makes the following declaration as to limitations, restrictions, and uses to which the Property may be put and specifies that such declarations shall constitute covenants to run with the land, as provided by law and shall be binding on all parties and all persons claiming under them, including all current and future owners of any portion of or interest in the Property (hereafter "Owner ") Section 1 No groundwater may be taken for ANY USE from the Property A portion of the Property contains GASOLINE, BENZENE, ETHYLBENZENE, TOTAL XYLENES, and POLYCYCLIC AROMATIC HYDROCARBONS contaminated soil Page 2 of 6 located IN THE NORTH WESTERN HALF OF THE PROPERTY The Owner shall not construct structures in the contaminated area that may result in the release or exposure to the environment of that contaminated soil or create a new exposure pathway without prior written approval from Ecology Any activity on the Property that may result in the release or exposure to the environment of the contaminated soil that was contained as part of the Remedial Action, or create a new exposure pathway, is prohibited without prior approval from Ecology Some examples of activities that are prohibited in the capped areas include drilling, digging, placement of any objects or use of any equipment which deforms or stresses the surface beyond its load bearing capability, piercing the surface with a rod, spike or similar item, bulldozing or earthwork For emergency response requiring immediate action the City, the City may take such action it deems necessary, and will notify Ecology within 10 -days of the emergent condition The City may perform routine planting and 1mgation maintenance with ground disturbance less than 5 feet in depth without advance written approval or notice Section 2 Any activity on the Property that may interfere with the integrity of the Remedial Action and continued protection of human health and the environment is prohibited Section 3 Any activity on the Property that may result in the release or exposure to the environment of a hazardous substance that remains on the Property as part of the Remedial Action, or create a new exposure pathway, is prohibited without prior written approval from Ecology Section 4 The Owner of the property must give thirty (30) day advance written notice to Ecology of the Owner's intent to convey any interest in the Property No conveyance of title, easement, lease, or other interest in the Property shall be consummated by the Owner without adequate and complete provision for continued monitoring, operation, and maintenance of the Remedial Action Section 5 The Owner must restrict leases to uses and activities consistent with the Covenant and notify all lessees of the restrictions on the use of the Property Page 3 of 6 Section 6 The Owner must notify and obtain approval from Ecology prior to any use of the Property that is inconsistent with the terms of this Covenant Ecology may approve any inconsistent use only after public notice and comment Section 7 The Owner shall allow authorized representatives of Ecology the right to enter the Property at reasonable times for the purpose of evaluating the Remedial Action, to take samples, to inspect remedial actions conducted at the property, to determine compliance with this Covenant, and to inspect records that are related to the Remedial Action Section 8 The Owner of the Property reserves the right under WAC 173- 340 -440 to record an instrument that provides that this Covenant shall no longer limit use of the Property or be of any further force or effect However, such an instrument may be recorded only if Ecology, after public notice and opportunity for comment, concurs CITY OF BREMERTON [Name of Signatory] [Title] Dated STATE OF WASHINGTON DEPARTMENT OF ECOLOGY [Name of Person Acknowledging Receipt] [Title] Dated Page 4 of 6 STATE OF COUNTY OF On this day of , 20_, I certify that personally appeared before me, acknowledged that he /she signed this instrument, on oath stated that he /she was authorized to execute this instrument, and acknowledged it as the [type of authority] of [name of party being represented] to be the free and voluntary act and deed of such party for the uses and purposes mentioned in the instrument Notary Public in and for the State of Washington, residing at My appointment expires Page 5 of 6 Exhibit A Legal Description BAYVIEW ADDN LOTS 3, 4, AND 5, BLOCK 1, EXCEPT THE SOUTHEASTERLY 42 FEET OF SAID LOT 3, BAYVIEW ADDITION TO THE TOWN OF BREMERTON, AS PER PLAT RECORDED IN VOLUME 2 OF PLATS, PAGE 58, RECORDS OF KITSAP COUNTY, WASHINGTON, AND ALL THAT PORTION OF LOT 1, BLOCK 6, BAYVIEW ADDITION TO THE TOWN OF BREMERTON, AS PER PLAT RECORDED IN VOLUME 2 OF PLATS, PAGE 58, RECORDS OF KITSAP COUNTY, WASHINGTON, MORE PARTICULARLY DESCRIBED AS FOLLOWS BEGINNING AT THE SOUTHEAST CORNER OF BLOCK 4, SAID BAYVIEW ADDITION, THENCE NORTH 37 *49' WEST ALONG THE SOUTHWESTERLY MARGIN OF HIGHLAND AVENUE, 133 53 FEET, THENCE NORTH 23 *00' WEST ALONG THE SOUTHWESTERLY MARGIN OF HIGHLAND AVENUE, AS ESTABLISHED BY ORDER OF VACATION BY THE CITY OF BREMERTON ORDINANCE NO 146, DATED OCTOBER 20, 1905, AND RECORDED IN VOLUME 45 OF DEEDS, PAGE 460,60 6 FEET TO AN INTERSECTION WITH THE UNITED STATES MEANDER LINE OF SMITH'S BAY AND THE TRUE POINT OF BEGINNING, THENCE CONTINUING NORTH 23 *00' WEST ALONG THE SAID SOUTHWESTERLY MARGIN OF HIGHLAND AVENUE, PROJECTED NORTHERLY, 105 FEET, MORE OR LESS, TO A POINT OF INTERSECTION WITH A LINE 50 FEET DISTANT, MEASURED AT RIGHT ANGLES SOUTHEASTERLY, FROM THE CENTERLINE OF THE EXISTING TRANSMISSION LINE CROSSING DYE'S INLET, THE CENTERLINE OF SAID TRANSMISSION LINE DESCRIBED AS FOLLOWS COMMENCING AT A MONUMENT AT PACIFIC AVENUE AND ELEVENTH STREET, CITY OF BREMERTON, THENCE NORTH 0*38' WEST ALONG THE CENTERLINE OF SAID PACIFIC AVENUE, A DISTANCE OF 778 42 FEET TO AN INTERSECTION WITH THE SAID CENTERLINE OF THE TRANSMISSION LINE CROSSING, WHICH BEARS NORTH 44* I Y EAST, THENCE, FROM SAID POINT ON THE SOUTHWESTERLY MARGIN OF HIGHLAND AVENUE PROJECTED NORTHERLY, NORTH 44* 15' EAST PARALLEL TO AND 50 FEET DISTANT, SOUTHEASTERLY FROM THE CENTERLINE OF SAID TRANSMISSION LINE, TO THE WATERS OF DYE'S INLET, THENCE IN A SOUTHERLY DIRECTION ALONG THE SHORE OF DYE'S INLET TO THE UNITED STATES MEANDER CORNER BEING ALSO THE NORTHEAST CORNER OF LOT 4, BLOCK 1, SAID BAYVIEW ADDITION, THENCE SOUTH 62 *00' WEST ALONG THE MEANDER LINE TO AN INTERSECTION WITH THE SOUTHWESTERLY MARGIN OF HIGHLAND AVENUE AND THE TRUE POINT OF BEGINNING, EXCEPTING THEREFROM, A TRACT BOUNDED BY THE MARGINS OF HIGHLAND AVENUE, AS ESTABLISHED ON ITS SOUTHWESTERLY SIDE, BY THE ABOVE MENTIONED CITY OF BREMERTON ORDINANCE NO 146, AND ON ITS NORTHEASTERLY SIDE BY THAT CERTAIN QUIT CLAIM DEED DATED OCTOBER 9, 1905, FROM L A AND ELLEN BENDER AND ARTHUR AND O BELVA FELLOWS TO THE CITY OF BREMERTON, RECORDED IN VOLUME 46 OF DEEDS, PAGE 62, RECORDS OF KITSAP COUNTY, PROJECTED NORTHWESTERLY THROUGH THE ABOVE DESCRIBED TRACT, SITUATE IN THE CITY OF BREMERTON, COUNTY OF KITSAP, STATE OF WASHINGTON Page 6 of 6 AGENDA BILL SA CITY OF BREMERTON CITY COUNCIL SUBJECT: Public Hearings to approve the Study Session Date August 28, 2013 Letter of Agreement and Lease for COUNCIL MEETING Date September 18, 2013 & Pendergast Park Soccer Field with October 2, 2013 West Sound FC Premier Soccer Club Department Parks and Rec Presenter Wyn Birkenthal Phone 473 -5752 SUMMARY- Pendergast Soccer Fields have been an underused asset since they were constructed in the 1990's West Sound FC has agreed to make artificial turf improvements to the 2 fields in return for a lease allowing West Sound to collect revenue from field scheduling once the turf is installed Additionally, the city would receive $13,537 00 per year in compensation and maintenance fees for the duration of the agreement The payment amount will be adjusted for inflation Public use of the fields is guaranteed under section 2 1 of the lease ATTACHMENTS Letter of Agreement for lease, Pendergast Soccer Field Lease, Exhibit A -Legal Description and Map, Exhibit B- Leased Area and Parking, Exhibit C -Lease and Maintenance Fee Calculation Worksheet FISCAL IMPACTS (Include Budgeted Amount) The city will be relieved of soccer field maintenance responsibility and receive $13,537 00 annually in compensation and maintenance fees STUDY SESSION AGENDA ❑ No Presentation ❑x Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda ❑ General Business ❑x Public Hearing RECOMMENDED MOTION September 18, 2013 — 1st Public Hearing (No Action) October 2, 2013 — 2nd Public Hearing (Full Council attendance required to take action) Move to approve the Letter of Agreement for lease and the Lease with West Sound FC Premier Soccer Club for the Pendergast soccer fields and authorize the Mayor to finalize and execute both the Letter of Agreement and the Lease with substantially the same terms and conditions as presented COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/25/13 Letter of Agreement Between City of Bremerton and West Sound FC Premier Soccer Club for the Lease of Soccer Fields This letter of Agreement between the City of Bremerton ( "City ") and West Sound FC Premier Soccer Club ( "Lessee ") relates to the lease, attached hereto as Exhibit A, of two (2) soccer fields and associated property at Pendergast Park This Letter of Agreement serves the purpose of allowing Lessee to obtain a commitment from the City to enter into the attached lease in order to enable procurement of grant and foundation funds by Lessee to make the agreed upon improvements to Pendergast Park It also provides for continued use of the fields by the City until such time as the Lease is executed and construction is imminent By this Letter of Agreement, the parties stipulate that they will not execute the lease agreement until such time as Lessee has accumulated the financial and in -kind resources necessary to begin construction of the artificial turf improvements to the two (2) soccer fields This Letter of Agreement will expire on June 30, 2015. If the lease is not executed by said date, any and all rights to the lease by Lessee shall expire During the interim period, prior to full execution of the attached lease, the City will continue to have full right to use, maintain, and schedule the soccer fields Lessee shall have no right or interest in the fields until the Lease is fully executed This Letter of Agreement and attached lease are subject to approval of the City Council prior to execution of this letter Approved by City Council , 2013 CITY OF BREN ERTON WESTSOUND FC PRENHER SOCCER CLUB By Patty Lent By Its Mayor Its Date Date APPROVED AS TO FORM Roger A Lubovich, City Attorney R \L.egal\Legal\Files \Current Active Files\Pendergast Park \WestSound FC Premier Soccer Club Lease\Letter of Agreement - WestSound FC Premier Soccer Lease docx EXHIBIT A PENDERGAST SOCCER FIELD LEASE THIS LEASE AGREEMENT (hereinafter "Lease ") is between the CITY OF BREMERTON, a municipal corporation of the State of Washington, with offices located at 345 6th Street, Suite 600, Bremerton, Washington 98337 (hereinafter "City "), and WESTSOUND FC PREMIER SOCCER CLUB, a non - profit corporation, (hereinafter "Lessee ") 1. PROPERTY. 11 Property Defined The City leases to Lessee and Lessee leases from the City the real property consisting of 5 93 acres encompassing 2 fields and buffer area described in Exhibit A, attached hereto and incorporated herein by this reference, together with all the rights of the City, if any, to improvements on and easements benefiting the property but subject to the exceptions and restrictions set forth in this Lease (collectively the "Property" or "Leased Property "). 12 Survey, Maps, and Plans Lessee is not relying upon and the City is not making any representations about any survey, plat, diagram, and /or legal description provided by the City 1 3 Acceptance of Property The City makes no representation regarding the condition of the Property, or the improvements located on the Property Lessee has examined the Property and accepts it in its present condition 2. USE. 21 Permitted Use The Property shall be used for soccer or compatible sports, practice, games, and tournaments, and for concessions to service the aforementioned uses (the "Permitted Use ") and for no other business or purpose, without the prior written consent of the City The Property shall not be used for illegal purposes It is agreed that this lease shall not be construed as the City's waiver of land use or building code provisions that would otherwise apply to any improvements or uses of the site The Lessee is responsible for scheduling the Property including fields and lighting It is understood by the parties that the Lessee will work cooperatively with the City to establish guidelines outlining field use priority for school teams, current users of the Pendergast soccer fields, Bremerton based organizations, etc Lessee shall be entitled to revenue derived from field and light rental and concession proceeds, with the exception of the consideration to the City Lessee shall allow for community access for use of the Property by non - members at reasonable times and rates not to exceed averages for similar artificial turfed soccer facilities in the Kitsap - Pierce County area Scheduling priority for non - member usage will be in the following order I ) Bremerton based youth recreational soccer, 2) Youth recreational soccer, 3) Adult recreational soccer, 4) School and collegiate soccer, 5) Other recreational sports as appropriate for artificial turf play; and 6) Professional and semi - professional soccer and field sports 1 Pendergast Soccer Field Lease EXHIBIT A 22 Parking Lot Along with use of the Property, Lessee shall be entitled to the non - exclusive use of the lighted parking area so described in Exhibit B, attached hereto and incorporated by this reference herein 23 Conformance with Laws Lessee shall, at all times, keep current and comply with all conditions and terms of any permits, licenses, certificates, regulations, ordinances, statutes, and other government rules and regulations regarding its use or occupancy of the Property 24 Liens and Encumbrances Lessee shall keep the Property free and clear of any liens and encumbrances arising out of or relating to its use or occupancy of the Property At the City's request, Lessee shall furnish the City with written proof of payment or any item which would or might constitute the basis for such a lien on the leased Property if not paid 25 Use Restrictions The Lessee shall not carry on upon the demised Property, any trade or activity, which would constitute a nuisance or hazard to the public, and shall not substantially deviate from its announced and original use of the property, without consultation and consent from the City 2.6 Alcohol No alcohol is to be served or consumed on the leased Property unless authorized by BMC 13 04 140 3. TERM. 3 1 Term The term of this Lease is fifteen (15) years (the "initial term "), beginning on the day of , 20 (the "commencement date "), and ending on the day of , 20_ (the "termination date "), unless terminated sooner under the terms of this Lease 32 Extension of Term Prior to the expiration of the Initial term of this lease, Lessee may request to extend the term of this lease in the event Lessee desires to replace the artificial turf on the play fields in order to amortize the cost A request to extend the term of the lease must be made prior to installation of the artificial turf Any extension is subject to mutual agreement of the parties regarding the lease payment and other terms and conditions and is further subject to City Council approval There is no guarantee of an extension of the term of this lease beyond the initial term 33 End of Term Upon the expiration or termination of the term of this lease, as applicable, Lessee shall surrender the Property to the City in the same or better condition as existed on the commencement date, reasonable wear and tear excepted 35 Hold Over If Lessee remains in possession of the Property after the termination date, the occupancy shall not constitute an extension or renewal of the term The occupancy shall be a month -to -month tenancy, on terms identical to the terms of this Lease, which may be terminated by either party on thirty (30) days written notice The monthly rent during the holdover shall be the same rent which would be due if the Lease were still in effect and all adjustments in rent were made in accordance with its terms If the City provides a notice to vacate the Property in anticipation of the termination of this Lease or at any time after the termination date and Lessee fails to do so within the time set forth in the notice, then Lessee shall be a trespasser and shall owe the City all amounts due under applicable law 2 Pendergast Soccer Field Lease EXHIBIT A 4. CONSIDERATION. 41 Lease Payment During the Initial Term of this lease, Lessee shall pay to the City a monthly lease payment of nine hundred nineteen dollars and 75/100 ($919 75) based on the factors as set forth in Exhibit C, attached hereto and incorporated by this reference herein ( "lease payment ") The first installment shall be due and payable on or before the commencement date, and subsequent installments shall be due and payable on or before the same day of each month thereafter Lessee shall also pay Leasehold Excise Tax set forth in Section 4 2 below. The lease payment shall be adjusted by the Consumer Price Index (CPI) as set forth in Section 4 3 below 42 Leasehold Tax Lessee agrees to pay the leasehold excise tax on the lease payment pursuant to Chapter 82 29A RCW currently in the amount of 12 84 percent and as may be adjusted pursuant to Ch 82 29A RCW 43 Consumer Price Index (CPI) Adjustment The lease payment will be adjusted by the Consumer Price Index (CPI) for All Urban Consumers (CPI -U) as published by the United States Department of Labor for Seattle- Tacoma - Bremerton For purposes of the CPI adjustment, the base shall be the June 2012 CPI index The CPI adjustment shall occur on the following January 1 St of each year during the term of this Agreement In no instance shall the adjustment be negative In addition, Lessee agrees to pay when due, the leasehold excise tax, or any additional assessments thereto, with respect to any payment or obligation hereunder, which is deemed by the State of Washington to be taxable rent under said chapter and to indemnify and hold the Lessor harmless from the same 44 Payment Lessee shall pay quarterly to the City by the fifteenth day of the month following the end of each quarter, or as otherwise required by the State of Washington, the amount of the leasehold tax owing Lessee may prepay these quarterly payments on a semi- annual or annual basis or as otherwise approved by the City 45 Payment Place Payment is to be made to the City of Bremerton, Attn Department of Financial Services, 345 6 th Street, Suite 600, Bremerton, Washington 98337 5. UTILITIES MAINTENANCE AND TAXES. During the Term, Lessee shall pay the following additional expenses 5.1 Utilities Lessee shall pay all fees charged for utilities in connection with the use and occupancy of the Property, including but not limited to electricity, stormwater, water, gas, and telephone service In addition, Lessee shall pay City the following Soccer field lighting controller $500 per year Lighting maintenance (parking lot) $1,000 per year Parking lot maintenance & repair $1,000 per year These annual expenses to the City shall be made in equal monthly payments in conjunction with the lease payment These payments shall be adjusted by the Consumer Price Index (CPI) as set forth in Section 4 3 above 5.2 Taxes Lessee shall be liable for, and shall pay, throughout the term of this lease before delinquency, all license and excise fees and occupation taxes covering the business conducted on the Property and taxes that may be on leasehold improvements created under this lease agreement. 3 Pendergast Soccer Field Lease EXHIBIT A 53 Proof of Payment Lessee shall, if required by the City, furnish to the City receipts or other appropriate evidence establishing the payment of any amounts required to be paid under the terms of this Lease 55 Failure to Pay If Lessee fails to pay any of the amounts due under this Lease, the City may pay the amount due, and recover its cost in accordance with the provisions of Section 6, unless Lessee has contested any amount due pursuant to Section 5 3 above 6. LATE PAYMENTS AND OTHER CHARGES. 61 Late Charge If any rental payment is not received by the City within ten (10) days of the date due, Lessee shall pay to the City a late charge equal to four percent (4 %) of the amount of the lease payment due to defray the overhead expenses of the City incident to the delay 62 Interest Penalty for Past Due Lease Payments and Other Sums Owed If a Lease Payment is not paid within thirty (30) days of the date due, then Lessee shall, in addition to paying the late charges determined under Subsection 6 1, above, pay interest on the amount outstanding at the rate of one percent (1 %) per month until paid If the City pays or advances any amounts for or on behalf of Lessee, including but not limited to leasehold taxes, taxes, assessments, insurance premiums, costs of removal and disposal of unauthorized materials, costs of removal and disposal of improvements pursuant to Section 7 below, or other amounts not paid when due, Lessee shall reimburse the City for the amount paid or advanced and shall pay interest on that amount at the rate of one percent (1%) per month from the date the City notifies Lessee of the payment or advance unless Lessee has contested any amount due pursuant to Section 5 3 above 63 No Counterclaim, Setoff, or Abatement of Rent Except as expressly set forth elsewhere in this Lease, rent and all other sums payable by Lessee pursuant to this Lease shall be paid without the requirement that the City provide prior notice or demand, and shall not be subject to any counterclaim, setoff, deduction, defense or abatement 7. IMPROVEMENTS. 71 Lessee -Owned Improvements - Ownership So long as this Lease remains in effect, Lessee shall retain ownership of all authorized improvements and trade fixtures it may place on the Property (collectively "Lessee -Owned Improvements ") Lessee -Owned Improvements shall not include any construction, reconstruction, alteration, or addition to the Property by the City (City -Owned Improvements) or any Unauthorized Improvements as defined in Subsection 7 6 below No Lessee -Owned Improvements shall be placed on the Property without the City's prior written consent All Lessee -Owned Improvements upon the Property will revert to the ownership of the City, without payment by the City, at the expiration of the lease or its earlier termination However, if the City terminates the lease without cause prior to the expiration of the Initial Term, Lessee will be entitled to a payment equal to the depreciated value of the Lessee -Owned Improvements with the parties agreeing that all such improvements, including the artificial turf, have a 15 (fifteen) year life expectancy 72 Soccer Fields. Lessee agrees to make capital improvements to (2) soccer fields by upgrading sand fields to artificial turf fields. Plans for permanent improvements shall be approved in writing by the City in advance 4 Pendergast Soccer Field Lease EXHIBIT A 73 Restrooms The parties agree that permanent restroom facilities in proximity to the soccer fields are needed and agree to work cooperatively toward the development of restrooms In the interim the Lessee shall be responsible for the provision of portable chemical toilets as needed to meet public health requirements and user convenience And the City shall continue to maintain the pit toilet located at the parking area until this toilet is no longer needed 74 Signs No signs or other advertising material shall be attached to or painted on or within the leased Property without the approval of the City, except warning signs, advertising on perimeter fencing, facility rules and regulations, signs identifying the name of the Property and facilities at the Property At the termination, or sooner expiration of this lease, all such signs or advertising material attached to or painted by the Lessee shall be removed by Lessee at its own expense, and Lessee shall repair any damage or injury to the Property, and correct any unsightly condition, caused by maintenance and removal of said signs 75 Construction Lessee is responsible for permitting, design, construction and maintenance of improvements Prior to Lessee commencing any construction, alteration, replacement, removal or mayor repair of any improvements (whether City -Owned or Lessee - Owned), Lessee shall submit to the City plans and specifications which describe the proposed activity Construction shall not commence until the City Director of Parks and Recreation Department or the Director of Community Development, as applicable, for permitting purposes, or their designee) has approved those plans and specifications in writing The City shall have thirty (30) days in which to review the proposed plans and specifications The plans and specifications shall be deemed approved and the requirement for the City's written consent shall be treated as waived, unless the City notifies Lessee otherwise within the thirty (30) days Upon completion of construction, Lessee shall promptly provide the City with as -built plans and specifications The City's consent and approval shall not be required for any routine maintenance or repair of improvements made by the Lessee pursuant to its obligation to maintain the Property in good order and repair that does not result in the construction, alteration, replacement, removal, or mayor repair of any improvements on the Property The provisions of this section do not obviate any permit requirements that may apply to the proposed activity 76 Unauthorized Improvements Improvements made on the Property without the City's prior consent pursuant to Subsection 7 4 or which are not in conformance with the plans submitted to and approved by the City ( "Unauthorized Improvements ") shall immediately become the property of the City, unless the City elects otherwise Regardless of ownership of Unauthorized Improvements, the City may, at its option, require Lessee to sever, remove, and dispose of them, charge Lessee rent for the use of them, or both If Lessee fails to remove an Unauthorized Improvement upon request, the City may remove it and charge Lessee for the cost of removal and disposal 8. HAZARDOUS SUBSTANCES — INDEMNITY. 8 1 Lessee shall indemnify and hold harmless the City from and against any and all claims, demands, damages, losses, liens, liabilities, penalties, fines, lawsuits, and costs and expenses which accrue to or are incurred by the City which arise directly or indirectly from the discovery or cleanup of hazardous substances from the Property which are deposited on the Property during the term of this Lease City shall indemnify and hold harmless the Lessee from and against any and all claims, demands, damages, losses, liens, liabilities, penalties, fines, lawsuits, and costs and expenses which involve the placement of hazardous substances upon the 5 Pendergast Soccer Field Lease EXHIBIT A Property prior to or after the termination or expiration of this lease The provisions of this section shall survive the termination or expiration of this Lease 82 Hazardous substance shall mean any waste or material defined or designated as hazardous, toxic or dangerous by any federal, state or local statute, regulation or ordinance presently in effect or adopted during the term of this Lease 9. ASSIGNMENT AND SUBLETTING. 91 City Consent Required Except for field use rentals and related concession rentals, Lessee shall not sell, convey, mortgage, assign, pledge, sublet, or otherwise transfer or encumber all or any part of Lessee's interest in this Lease or the Property without the City's prior written consent, which may not be unreasonably withheld by the City In the event of such consent, each permitted transferee shall assume all obligations under this Lease, including the any lease payment No assignment, sublet, or transfer shall release, discharge, or otherwise affect the liability of Lessee 92 Lease Payments Following Assignment The acceptance by the City of any lease payment following an assignment or other transfer shall not constitute consent to any assignment or transfer. 93 Renting �perty Lessee has the right to rent the Property on a per hour basis and retain revenue from such rental Property may not be rented to a third party for other than standard field rental without the advanced written approval of the City 10. INDEMNITY. 10 1 The City shall not be liable for any injury to any person or for any loss of or damage to any property (including property of Lessee) occurring in or about the leased Property or the buildings thereon and caused by or resulting from any act or omission by Lessee, any officer, agent, employee, guest, invitee, or visitor of Lessee, and, during the full term hereof, Lessee agrees and covenants to indemnify, defend, and hold harmless the City and those persons who were, now are, or shall be duly elected or appointed officials or members or employees or agents thereof, against and from any loss, damage, costs, charge, expense, liability, claim, demand, or Judgments of whatsoever kind or nature (including attorney's fees and costs) whether to persons or property, to the extent arising on said Property, in or on said building(s), or on any areas adjoining the same, which is under the control or use of Lessee pursuant to this Lease and arising out of or in connection with Lessee's use and occupancy of said Property City agrees and covenants to indemnify, defend, and hold harmless the Lessee, its officers, employees, and agents thereof, against and from any loss, damage, costs, charge, expense, liability, claim, demand, or judgment of whatsoever kind or nature whether to persons or property, arising out of or in connection with the City's negligence in its performance under this Agreement 102 Should a court of competent jurisdiction determine that this Lease is subject to RCW 4 24 115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of Lessee and the City, its officers, officials, employees, and volunteers, the Lessee's liability hereunder shall be only to the extent of the Lessee's negligence 10 3 IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE LESSEE'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51, RCW SOLELY FOR THE 6 Pendergast Soccer Field Lease EXHIBIT A PURPOSES OF THIS INDEMNIFICATION This waiver has been mutually negotiated by the parties The provisions of Section 10 shall survive the expiration or termination of this Lease 11. INSURANCE. 11 1 General Commercial Liability Insurance Lessee agrees to procure and maintain in force during the term of this Lease and any extension thereof, at its expense, general commercial general liability insurance This insurance shall be adequate to protect against liability for damage claims through public use of or from accidents or other liability arising out of Lessee's use or occupancy of the Property and buildings thereon This insurance shall be in a minimum amount of $2,000,000 combined single limit per occurrence and $4,000,000 aggregate for bodily injury, personal injury and property damage which may be covered under a blanket policy Lessee agrees that, if such insurance policies are not kept in force during the term of this Lease and any extension thereof, the City may procure the necessary insurance, pay the premium therefor, and that such premium shall be repaid to the City on demand The City shall be named as an additional insured as to liability arising out of the Property and buildings thereon and the insurance of Lessee shall be the primary insurance as to said liability 112 Lessee's Property Insurance Lessee shall purchase and maintain for the term of the lease, property insurance covering any improvements to the premises for their full replacement value 113 Certificate of Insurance Lessee shall provide to the City documentary evidence, certified by the insurer, of all insurance(s) required in this Lease 114 Subroization The City shall not be liable to Lessee (by way of subrogation or otherwise) or to any insurance company insuring the other party for any loss or damage to any budding, structure, or other tangible property, or any resulting loss of income, or losses under worker's compensation laws and benefits, if any such loss or damage is covered by insurance benefiting the party suffering such loss or damage or was required to be covered by insurance pursuant to this Lease Lessee shall, upon obtaining the policies of insurance required give notice to the insurance carrier or carriers that the foregoing mutual waiver of subrogation is contained in this Lease 12. MAINTENANCE AND REPAIR. 12 1 The City's Repairs The City shall not be required to make any alterations, maintenance, replacements, or repairs in, on, or about the Property, or any part thereof, during the term 122 Lessee's Repairs, Alteration, Maintenance and Replacement (a) Lessee shall, at its sole cost and expense, keep and maintain the Property and all improvements (regardless of ownership) in good order and repair, in a clean, attractive, and safe condition (b) Lessee shall, at its sole cost and expense, make any and all additions, repairs, alterations, maintenance, replacements, or changes to the Property or to any improvements on the Property which may be required by any public authority (c) All additions, repairs, alterations, replacements or changes to the Property and to any improvements on the Property shall be made in accordance with, and ownership shall be governed by, Section 7, above 7 Pendergast Soccer Field Lease EXHIBIT A 13. DAMAGE OR DESTRUCTION. 13 1 In the event of any damage to or destruction of the Property or any improvements, Lessee shall promptly give written notice to the City 132 In the event fire, storm, earthquake or other cause does damage to the improvements on the demised Property, the Lessee may elect to make such repairs as are necessary to restore improvements to a safe, neat and useable condition Otherwise, the City may elect to terminate this lease by giving notice to the Lessee in writing if the Property is not restored within a reasonable time after the date of the casualty City will be responsible for repairing City -owned improvements, roads, parking, and utilities as elsewhere within the park If the park should be abandoned because of severe damage, then the lease shall be terminated and the Lessee may remove the artificial turf and Lessee's improvements that are not permanently affixed to the Property 132 Unless this Lease is terminated, there shall be no abatement or reduction in rent due to any damage or destruction of the Property 14. DEFAULT AND REMEDIES. 14 1 Acts Constituting Default Lessee shall be in default of this Lease on the occurrence of any of the following (a) Failure to pay Rent or other expenses when due, (b) Failure to comply with any law, regulation, policy, or order of any lawful governmental authority, (c) Failure to comply with any other provision of this Lease, (d) Failure to cure a default pursuant to Section 14 2 below, or (e) Proceedings are commenced by or against Lessee under any bankruptcy act or for the appointment of a trustee or receiver of Lessees' property 142 Failure to Cure A default shall become an event of default ( "Event of Default ") if Lessee fails to cure the default within thirty (30) days after the City provides Lessee with written notice of default, which specifies the nature of the default 143 City's Remedies upon Default Upon an Event of Default, the City may terminate this Lease and remove Lessee by summary proceedings or otherwise The City may also, without terminating this Lease, relet the Property on any terms and conditions as the City in its sole discretion may decide are appropriate If the City elects to relet, rent received by it shall be applied (1) to the payment of any indebtedness other than rent due from Lessee to the City, (2) to the payment of any cost of such reletting, (3) to the payment of the cost of any alterations and repairs to the Property, and, (4) to the payment of rent and leasehold excise tax due and unpaid under this Lease Any balance shall be held by the City and applied to Lessee's future rent as it becomes due Lessee shall be responsible for any deficiency created by the reletting during any month and shall pay the deficiency monthly The City's reentry or repossession of the Property under this subsection shall not be construed as an election to terminate this Lease or cause a forfeiture of rents or other charges to be paid during the balance of the term, unless the City gives a written notice of termination to Lessee or termination is decreed by legal proceedings The City may at any time after reletting elect to terminate this Lease for the previous Event of Default. 8 Pendergast Soccer Field Lease EXHIBIT A 15. ENTRY BY THE CITY. The City shall have the right to enter the Property at any reasonable hour to inspect for compliance with the terms of this Lease upon twenty -four (24) hours notice The City and /or City's agents shall comply with all of Lessee's work safety rules and restrictions, including but not limited to following Lessee's warning instructions and, without prior approval of the Lessee, keep out of restricted areas of the Property due to pesticide, fertilizer, and other chemical and hazardous substance exposures on the Property 16. NOTICE. Any notices required or permitted under this Lease may be personally delivered, delivered by facsimile machine, or mailed by certified mail, return receipt requested, to the following addresses or to such other places as the parties may direct in writing from time to time The City City of Bremerton Attn• Director of Parks and Recreation 680 Lebo Boulevard Bremerton, Washington 98310 Lessee; WestSound FC Soccer Club P O Box 828 Silverdale, WA 98383 A notice shall be deemed given and delivered upon personal delivery, upon receipt of a confirmation report if delivered by facsimile machine, or three (3) days after being mailed as set forth above, whichever is applicable 17. MISCELLANEOUS. 17 1 Authority Lessee and the person or persons executing this Lease on behalf of Lessee represent that Lessee is qualified to do business in the State of Washington, that Lessee has full right and authority to enter into this Lease, and that each and every person signing on behalf of Lessee is authorized to do so 172 Successors and Assigns This Lease shall be binding upon and inure to the benefit of the parties, their successors and assigns 173 Entire Agreement This Lease, including the exhibits and addenda, if any, contains the entire agreement of the parties All prior and contemporaneous agreements, promises, representations, and statements relating to this transaction or to the Property, if any, are merged into this Lease 174 Waiver The waiver by the City of any breach or default of any term, covenant, or condition of this Lease shall not be deemed to be a waiver of such term, covenant, or condition, of any subsequent breach or default of the same, or of any other term, covenant, or condition of this Lease The City's acceptance of a rental payment shall not be construed to be a waiver of any preceding or existing breach other than the failure to pay the particular rental payment that was accepted 175 Cumulative Remedies The rights and remedies of the City under this Lease are cumulative and in addition to all other rights and remedies afforded to the City by law or equity or otherwise 9 Pendergast Soccer Field Lease ]EEX IBIT A 17 6 Time is of the Essence TIME IS OF THE ESSENCE as to each and every provision of this Lease 177 Invalidity If any provision of this Lease shall prove to be invalid, void, or illegal, it shall in no way affect, impair, or invalidate any other provision of this Lease 178 Applicable Law and Venue This Lease shall be interpreted and construed in accordance with the laws of the State of Washington Any reference to a statute shall mean that statute as presently enacted or hereafter amended or superseded Venue for any action arising out of or in connection with this Lease shall be in the Superior Court for Kitsap County, Washington 179 Attorneys' Fees In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney's fees 17 10 Entire Agreement — Amendments This agreement constitutes the whole agreement between the City and Lessee There are not terms, obligations, covenants or conditions other than those contained herein No modification or amendment of this agreement shall be valid and effective without the written consent of both parties 17 11 Survival of Covenants The covenants contained herein survive the termination or expiration of the Lease for the applicable statute of limitation periods 17 12 Quiet Enjoyment The ,City covenants and agrees that Lessee, upon performing the terms and conditions of the Lease, may peacefully hold and enjoy the Property during said term without any interruption by the City, its successors or assigns City will use its best efforts not to interfere with Lessee's business or right of access to and from the Property during the term of this Lease 17 13 Non - Discrimination The Lessee shall operate the Property in such a fashion to insure that no person is discriminated against on the basis of sex, national origin, race, creed or color In addition, Lessee shall assure that no qualified person with a disability shall be discriminated against in access to and use of the facility 17 14 Recording of Short Form Lease Neither the City nor Lessee may record this Lease without the other's prior approval, but the parties will at any time at the request of either party promptly execute duplicate originals of an instrument, in recordable form, which will constitute a short form of this lease, setting forth a description of the Property, the terms of this lease and other provisions hereof, except the rental and other provisions as either party may request, which may be recorded 17 15 Duplicate Originals This Lease Agreement may be executed in duplicate originals THIS AGREEMENT requires the signature of all parties and is executed as of the date of the last signature below CITY OF BREMERTON WESTSOUND FC PREMIER SOCCER CLUB By Patty Lent By Its Mayor Its. Date Date: IQ Pendergast Soccer Field Lease EXHIBIT A APPROVED AS TO FORM Roger A Lubovich, City Attorney STATE OF WASHINGTON ) COUNTY OF KITSAP ) I certify that I know or have satisfactory evidence that Patty Lent is the person who appeared before me, and acknowledged that she signed this instrument, on oath stated that she was authorized to execute the instrument, and acknowledged it as Mayor of the City of Bremerton to be the free and voluntary act of such City for the uses and purposes mentioned in the instrument WITNESSETH my hand and seal this day of , 201 NOTARY PUBLIC in and for the State of Washington, residing at My commission expires STATE OF WASHINGTON ) COUNTY OF KITSAP ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and acknowledged that (s)he signed this instrument, on oath stated that (s)he was authorized to execute the instrument, and acknowledged it to be the free and voluntary act for the uses and purposes mentioned in the instrument WITNESSETH my hand and seal this day of , 201 NOTARY PUBLIC in and for the State of Washington, residing at My commission expires R \Legal \Legal \Files \Current Active Files \Pendergast Park \WestSound FC Premier Soccer Club Lease \WestSound FC Premier Soccer Center Lease - 5 -16 -13 - Final doe II Pendergast Soccer Field Lease EXIMIT B PENDDERSAST G°3EMONAL PARK WEST SOUND DD FCC LEASE FD ilC MUM r _ G o C II J c f V A 9 o b J U Q �y d II tl i pp AM LE G°3M - 1 • `-... � .....r� � .. r.�v� �� .gyp � + - EXHIBIT C PENDERGAST REGIONAL PARK OUTDOOR SOCCER FIELDS Q & 8) PROPERTY VALUE AND LEASE CALCULATION LAND VALUE CALCULATION CONCESSION SITE AREA 256,417 SQ FT SQ. FT PER ACRE 43,560 SQ FT CONCESSION SITE AREA 5.887 ACRES PARCEL VALUATION (PER ACRE) $25,000 PER ACRE CONCESSION SITE LAND VALUE $147,163 LEASE PAYMENT CALCULATION CONCESSION SITE LAND VALUE $147,163 PREFERED RETURN ON LEASE 750% ANNUAL LAND LEASE $11,037 CONCESSION CALCULATION ANNUAL LAND LEASE $11,037 per year SOCCER FIELD LIGHTING CONTROLLER $500 per year LIGHTING MAINTENANCE (PARKING LOT) $1,000 per year PARKING LOT MAINTENANCE & REPAIR $1,000 per year TOTAL CONCESSION AMOUNT $13,537 per year From: Lori Smith on behalf of City Council Sent. Wednesday, September 18, 2013 3 50 PM To: 'Janusch, Barry' Cc: City Council Subject: RE Citizen Letter - Support for Pendergast Regional Park Soccer Fields (Barry Janusch) Mr Janusch, Thank you for your letter of support, which has been provided to President Wheeler and Members of the Bremerton City Council for their review and consideration A copy of your letter was also provided to Mayor Lent and the Parks Director, and a copy will also be included in the record It is appreciated that you took the time to submit your comments Lori Smith Legislative Assistant Bremerton City Council (360) 473 -5280 From: Janusch, Barry [ mailto bJanusch(aolympic edu Sent: Wednesday, September 18, 2013 2.05 PM To: City Council Subject: Pendergast Regional Park Soccer Fields Dear Council President Wheeler and Members of the Bremerton City Council, Thank you for taking the time to read this letter of support for the Pendergast Regional Park Soccer Field Turf project Olympic College Soccer has been looking for a permanent home since we brought the sport back to our department eight years ago We would be very excited at the possibility to work with WestSound FC Having a venue for Olympic College to practice and play our matches would be a great benefit to our programs We have had successful programs in the past but need that place to call home that will really help us reach the next level We work very hard to recruit the best local talent possible, but run into some obstacles when we cannot show them a home field I have visited many communities, like Bremerton, in the Northwest and almost everywhere has some type of turfed playing fields In my opinion, this project is much needed in our community and long overdue The entire community will benefit from an additional playing field as usable facilities are definitely a limited resource in Kitsap County Once again thank you for your time and consideration on this matter, please feel free to contact me if you have any further questions or comments Barry Janusch Athletic Director Olympic College 360 475 -7458 1 From: Christine Grenier on behalf of City Council Sent: Wednesday, September 18, 2013 4 31 PM To: 'Andrea Mackin' Subject. Citizen Letter - Support for Turf Soccer Fields at Pendergast (Andrea Mackin) Ms Mackin, Thank you for your letter of support, which has been provided to President Wheeler and Members of the Bremerton City Council for their review and consideration A copy of your letter was also provided to Mayor Lent and the Parks Director, and a copy will also be included in the record It is appreciated that you took the time to submit your comments Sincerely, Christine Grenier Council /Auditor Assistant City of Bremerton (360) 473 -5280 From: Andrea Mackin [ madto andiemackinOgmail com Sent: Wednesday, September 18, 2013 4:17 PM To: City Council Cc: Dale Holdren, gvukicOmsn.com Vukic Subject: Support for Turf Soccer Fields at Pendergast To Council President Wheeler and Members of the Bremerton City Council: Members of the Bremerton City Council, it is my privilege to write this letter in support of the current project under consideration by Council on behalf of WestSound FC and the greater community of soccer players and their families in the Kitsap County area I believe the improvements provided to the existing sand and dirt fields at Pendergast Park will address a number of key areas that are important to the continued economic development of Kitsap County As the Executive Director of the Bainbridge Island Downtown Association, I am involved in local economic development and revitalization efforts on Bainbridge Island Through the destination marketing work we do to Seattle and the region, I recognize the value of a community's assets in attracting and retaining valuable visitor dollars With amateur Soccer an acknowledged powerhouse among youth sports, there is enormous economic value in being able to tap into tournaments, expanded Club play, and regional collegiate and semi - professional soccer More than almost any other youth sport, the demand for turf soccer fields outstrips the supply by a wide margin By offering all- weather fields made possible by the addition of turf to the existing fields, Pendergast and WestSound FC will finally have the ability to compete for their share of the estimated $6 billion amateur sports industry The addition of turf fields at Battle Point Park on Bainbridge Island several years ago has already expanded the use across several sports and attracted an increasing number of teams to Bainbridge Island FC's annual Island i Cup tournament from Canada, Oregon, Washington, Montana, and Idaho The Island Cup was so successful in 2012 that it surpassed hotel and motel capacity from Bainbridge Island all the way to Silverdale I have personal experience as the parent of four athletes who have played soccer, as well as boys' and girls' lacrosse Their games at both Starfire Sports Complex in Renton and Crossfire's 60 Acres Sport Fields, have proven that better fields and attached amenities attract a higher the caliber of teams, athletes, and competition In addition to the increased level of competition, there are important benefits of improved /turfed fields and facilities that include the ability to attract more tournaments which bring thousands of players, coaches, and fans to multi -day events, infecting hundreds of thousands of dollars into local economies WestSound FC's inaugural Summer Classic Soccer Tournament this past summer documented the number of players, families and room nights generated by the first year tournament -- creating a local economic impact of over $100,000 Multiply that by numerous sports, tournaments, and year -round use made possible by turf which withstands rain and other seasonal weather conditions, and you have an economic engine capable of providing revenue that passes through many layers of the local economy I encourage Council to look at how the City of Bremerton can support WestSound FC in completing the turf renovation of the two fields at Pendergast Park, and loin in helping to carry the momentum and fundraising efforts forward. I truly believe that the benefits to our community, region, and families created by the addition of these turf fields will be an accomplishment that both Council and the Kitsap County community will celebrate for many years to come With best regards, Andrea Mackin WestSound FC parent Executive Director, Bainbridge Island Downtown Association 2 From: City Council Sent: Wednesday, September 18, 2013 4 12 PM To: Lou Bond Subject: RE Citizen Letter - Support for Pendergast Regional Park Soccer Fields (Louie Bond) Mr Bond, Thank you for your letter of support, which has been provided to President Wheeler and Members of the Bremerton City Council for their review and consideration A copy of your letter was also provided to Mayor Lent and the Parks Director, and a copy will also be included in the record It is appreciated that you took the time to submit your comments Lori Smith Legislative Assistant Bremerton City Council (360) 473 -5280 From: Lou Bond Sent: Wednesday, September 18, 2013 4:04 PM Cc: Dale Holdren Subject: Turf 2 dirt fields at Pendergast Regional Park Council President Wheeler Members of the Bremerton City Council, I am writing to each of you in support of turfing the 2 dirt soccer fields at Pendergast Regional Park' My name is Louie Bond and am President of Northwest Sound Youth Soccer Association representing 9 peninsula soccer clubs including Westsound FC, Tracyton Soccer Club, South Kitsap Soccer Club, North Mason Soccer Club, North Kitsap Soccer Club, Jefferson County Soccer Club, Central Kitsap Soccer Club, Bremerton Soccer Club, Bainbridge Island Youth Soccer Club All total representing approximately 4500 families whose kids are playing youth soccer within the Peninsula Fields has been one of the resources that our clubs have struggled with, primarily lack of fields and or no fields once the rainy season starts I We have in recent years been successful in introducing turf fields over previous grass fields and or over dirt fields at Battle Point Park, which has been a wonderful new resource to our northern clubs for practices, games and co using with other local organizations including Lacrosse, Rugby, Ultimate Frisbee, Adult Soccer and even i for hosting tournaments attracting teams to our communities where our local tourism has been positively benefited f We are in desperate need of all weather fields in the southern end of our Peninsula and unfortunately we have found that the dirt fields don't get as much use and seem to cause more safety concerns when young players are falling to the ground We are blessed to have such a wonderful southern central asset like Pendergast Regional Park with parking, easy access, lights and field space already in existence We are also fortunate that we have many terrific community partners like WestSound FC and our organizations whose vast and broad public support can be a terrific catalyst in helping with bringing an upgraded project like providing all weather turf fields for the 2 existing dirt fields to reality NSYSA has partnered in the past with our northern clubs, parks, schools and our State parent organization Washington Youth Soccer helping those communities with realizing safe and reliable playing fields for our local communities and are prepared to do so again for Pendergast Regional Park by adding another jewel that the City of Bremerton can be proud off Please do not hesitate to call on me and our organizations to provide the support to making this project a reality Sincerely, Louie Bond President Northwest Sound Youth Soccer Association 2 From: Christine Grenier on behalf of City Council Sent: Wednesday, September 18, 2013 9 13 AM To- 'Dennis Michael' Subject- Citizen Letter - Support of Westsound FC Proposal (Dennis Michael) Mr Michael, Thank you for your letter of support which has been provided to the Council Members for their review and consideration A copy of your letter will also be included in the record r , t Sincerely, Christine Grenier Council /Auditor Assistant City of Bremerton (360) 473 -5280 From: Dennis Michael [ mailto socklockObwavecable.com Sent: Wednesday, September 18, 2013 8 58 AM To: City Council Cc: Wyn Birkenthal Subject: Support of Westsound FC Proposal Council President Wheeler and members of the Bremerton City Council, On behalf of the ownership of Olympic Soccer and Sports Center (OSSC), it is with great excitement and enthusiasm that we support the endeavors of Westsound FC in their pursuit in developing and turffng the soccer fields at Pendergast Regional Park The benefits of this accomplishment will have an impact to our region at large and Bremerton specifically for years to come Soccer fields in our area are in short supply but high in demand, and teams continue to struggle for field time to practice and play games By working together, Pendergast will become the showcase for soccer in our Region Many youth in our community are traveling outside of our area to play soccer With the vision of artificial turf fields becoming a reality, it will allow kids the option to stay and play at home The economic benefits of a soccer complex will impact the local economy by bringing in large numbers of people from across the region to participate in tournament and league play These teams with their accompanying supporters will utilize our local businesses for such things as food, lodging, fuel and other shopping needs As soccer continues to become more and more popular, the need for the infrastructure to support this becomes even more vital Turffing the fields at Pendergast is an important step in supporting this demand The proposal Westsound FC is offering is a win win situation for our community, and we strongly urge the City Council's support for Westsound FC's proposal. Respectfull Dennis Michael 1 on behalf of OS o wnership From Christine Grenier on behalf of City Council Sent Wednesday, September 18, 2013 4 43 PM To 'Patty Graf -Hoke' Subject Citizen Letter - Support for West Sound FC Proposal (Patty Graf -Hoke) Patty, Thank you for your letter of support which I have provided to President Wheeler and Council Members for their review and consideration A copy will also be included in the record It is appreciated that you took the time to submit your comments Sincerely, Christine Grenier Council /Auditor Assistant City of Bremerton (360) 473 -5280 From: Patty Graf -Hoke [ mailto grafhoke(?Ovisitkitsap com Sent: Wednesday, September 18, 2013 4 33 PM To: Christine Grenier, City Council Cc: Greg & Sunny Wheeler, Wyn Birkenthal, Patty Lent Subject: Letter of Support Hello, Christine I was hoping to testify tonight on behalf of the WestSound FC lease for Pendergast Park but had come down with a small bug I hope it's not too late to share this letter with the Chair, Gregg Wheeler and other members of the City Council Thank you, Patty 1 Kts11 K1tsap • i Peninsula i� � The Natural Std of uget Sou d VisitKitsap.com September 1, 2013 TO' Greg Wheeler, Chair, Bremerton City Council and City Council Members RE: Re: Lease of Pendergast Park to Increase Access to Recreation Facilities Visit Kitsap Peninsula is writing to support the proposal by the WestSound FC to lease the two fields at Pendergast Park The approval of the WestSound FC proposal will help to address the growing need for outdoor sports facilities and provide economic benefits for Bremerton and the Kitsap region The VKP concurs with Bremerton Parks and Recreation Director, Wyn Birkenthal, that upgrading the two under - utilized and undeveloped ball fields will greatly enhance the status of Pendergast Park as an important regional destination for outdoor sports. There is high demand for fields with lights and turf that can be used on a year -round basis. Last year Kitsap County and the Kitsap Public Facilities District partnered to invest in the upgrade of Gordon Field, now home to the Kitsap PUMAS Pendergast Park's environmentally family friendly 50 -acre setting and 400 parking spots make it an excellent location to expand Bremerton's outdoor recreation facilities and visitor assets. From our perspective, these types of outdoor recreation venues are valuable "conference and meeting spaces" without walls that are able to host hundreds of attendees We encourage the City Council to view the upgrade of these ball fields as in investment and to approve the proposal by WestSound FC and the recommendation by Bremerton Parks & Recreation Regards, Patricia Graf -Hoke Executive Director Visit Kitsap Peninsula Cc: VKP Board of Directors 800 - 337 -0580 • info @wsitkitsap comwww • VisitKitsap com • 9481 Silverdale WAY, Suite 281 Silverdale, WA 98383 AGENDA BILL CITY OF BREMERTON 4A CITY COUNCIL SUBJECT- Acceptance of Improvements PSP Committee Date September 17, 2013 for the Kitsap 9/11 Memorial, and Agreement COUNCIL MEETING Date September 18, 2013 for Transfer of two World Trade Center Steel Department Parks and Rec Beams Presenter Wyn Birkenthal Phone (360) 473 -5752 SUMMARY- On or about July 27, 2010 the Central Kitsap Fire District ( "Fire District ") obtained two World Trade Center steel beams from the Port Authority of New York and New Jersey ( "Port Authority ") Since that time, the Kitsap 9/11 Memorial Committee has designed, funded, and constructed the Memorial and installed the beams as part of the Memorial with design approval from the City The City desires to accept the improvements for the Memorial which includes the beams, the limestone block from the Pentagon and other improvements Pursuant to the agreement between the Port Authority and the Fire District, the Port Authority must approve the transfer of the steel beams to the City Transfer of the beams to the City would provide the City with complete ownership of the Memorial ATTACHMENTS Consent to Assignment Agreement, Letter from Rudolph Giuliani, and Letter from the Office of George W Bush FISCAL IMPACTS (Include Budgeted Amount) None PSP COMMITTEE AGENDA ❑ No Discussion N Full Presentation PSP COMMITTEE ACTION: ❑ Consent Agenda Nx General Business ❑ Public Hearing RECOMMENDED MOTION Move to accept the improvements for the Kitsap 9/11 Memorial, approve the Agreement for Transfer of two World Trade Center Steel Beams, and authorize the Mayor to finalize and execute the Consent to Assignment Agreement with substantially the same terms and conditions as presented COUNCIL ACTION ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 11/02/12 CONSENT TO ASSIGNMENT OF CONTRACT THIS AGREEMENT, made as of , by THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY (hereinafter called "the Port Authority "), having an office for the transaction of business at 225 Park Avenue South, New York, NY 10003, and CENTRAL KITSAP FIRE & RESCUE (hereinafter called "the Assignor "), with an office at 5300 NW Newbery Hill Rd Suite 101, Silverdale, WA 98383 and THE CITY OF BREMERTON, WA (hereinafter called "the Assignee "), with an office at 345 6th St, Suite 600, Bremerton, WA 98337 WITNESSETH, THAT - WHEREAS, the Assignor desires to assign to the Assignee the contract dated July 27, 2010 as it pertains to the certain pieces of steel from the former World Trade Center, identified as 1 -37 and I- 46, made by and between the Port Authority and the Assignor, and hereinafter called "the Contract" and attached hereto, and WHEREAS, the Port Authority is willing to consent to such assignment on certain terms, provisions, covenants and conditions NOW, THEREFORE, in consideration of the covenants and mutual promises herein contained, the Port Authority, the Assignor and the Assignee hereby agree as follows 1 The Assignor does hereby assign, transfer and set over to the Assignee, to its own proper use, benefit and use forever, the Contract, to have and to hold the same unto the Assignee, from the date hereof, for and during all the rest, residue, and remainder of the term of the Contract, subject nevertheless to all the terms, provisions, covenants and conditions therein contained 2 The Port Authority hereby consents to the foregoing assignment Notwithstanding anything herein to the contrary, the granting of such consent by the Port Authority shall not be, or be deemed to operate as, a waiver of the requirement for consent or consents to each and every subsequent assignment by the Assignee or by any subsequent assignee 3 The Assignee does hereby assume the performance of and does hereby agree to perform all the terms, provisions, covenants and conditions contained in the Contract to be performed on the part of the Contractor thereunder, as though the Assignee were the original signatory to the Contract 4 Neither the Commissioners of The Port Authority of New York and New Jersey nor any of them, nor any officer, agent or employee thereof, shall be charged personally by the Assignor or by the Assignee with any liability or held Fable to either of them under any term or provision of this agreement, or because of its execution or attempted execution, or because of any breach or attempted or alleged breach thereof 5 Each person signing this agreement on behalf of the parties hereto warrants and assures that s /he has been duly authorized to execute such agreements to bind the party on whose behalf s /he signs this agreement 6 This agreement may be executed in two or more counterparts, each of which shall be deemed an original and all of which taken together shall constitute one and the same instrument IN WITNESS WHEREOF, the Port Authority, the Assignor and the Assignee have executed these presents as of the date first hereinabove set forth ASSIGNOR CENTRAL KITSAP FIRE & RESCUE By Title Date ASSIGNEE CITY OF BREMERTON, WA By Patty Lent Title Mayor Date THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY By Title Date �A�M -i�3c 5300 NW Newberry Hill Rd • Silverdale, WA 98383 (360) 447 -3550 • Fax (360) 447 -3590 Tuesday, July 27, 2010 The Port Authority of New York and New Jersey 225 Park Avenue South New York, New York 10003 The purpose of this letter is to confirm and memorialize the full and complete legal transfer by and The Port Authonty of New York and New Jersey (the "Port Authority ") to Central Kitsap Fire & Rescue of those certain pieces of steel of the former World Trade Center, identified as 1 -37 & 1 -46 in the Port Authority's World Trade Center Archive- Artifact Inventory Report of January 31, 2007 (the "Steel ") Central Kitsap Fire & Rescue has requested that the Steel be made available to them, in its present condition. 1 A property Interest in the above - descnbed Steel is hereby conveyed, and full and complete legal ownership of the Steel is given 2 The Port Authority makes no representation or warranty whatsoever as to the condition or fitness of the Steel, either express or implied, and no Commissioner, officer, agent, or employee of the Port Authority is authorized to make any representation or warranty as to the Steel Central Kitsap Fire & Rescue shall have no claim against the Port Authority for any defect or other condition of the Steel and agrees to accept the Steel "as is." There are no warranties, express or implied 3 Central Kitsap Fire & Rescue agrees to defend, indemnify and hold the Port Authority, its Commissioners, officers, representatives and employees harmless from and against all losses, liabilities, damages, injuries, claims, demands, costs, attorney fees, and other expenses incurred by the Port Authority and/or its Commissioners, officers, representatives and employees in any manner resulting from or arising with respect to Central Kitsap Fire & Rescue's possession, use or operation of the Steel or the possession, use or operation of the Steel by any person under the control and authority of Central Kitsap Fire & Rescue. 4 Central Kitsap Fire & Rescue will be responsible for all costs of the removal and transportation of the Steel to its facility. 5 This agreement may not be assigned by either party without the approval of the other party 6 This Agreement is subject to all the terms and conditions of a Court Order dated December 4, 2009, of the Umted States District Court for the Southern District of New York, annexed hereto. 7. Any written notice given by either party to the other under the provisions of, or with respect to, this letter agreement, shall be delivered in person, or by certified or registered mail to the following addresses. Port Authority The Port Authority of NY & NJ 225 Park Avenue South New York, NY 10003 Attn . Executive Director The Port Authority of NY & NJ 225 Park Avenue South New York, NY 10003 Attn : General Counsel Central Kitsap Fire & 5300 NW Newberry Hill Rd Rescue- Suite 101 Silverdale, WA 98383 Attn . Roy Lusk, Chief or to such other address(es) as each party hereto may notify the other 8 This agreement shall be governed by and construed in accordance with the laws of the State of New York. 9 The enure agreement of the parties is contained herein and no changes or modifications shall be valid or enforceable unless in writing and signed by the party to be charged therewith. 10 Neither the Commissioners of the Port Authority, nor any director, officer or employee thereof shall be held personally liable under or in connection with this letter agreement 11 If any provision of this letter agreement is determined to be unlawful, contrary to public policy, void or unenforceable, all remaining provisions shall continue in full force and effect To confirm the agreement of the Port Authority with the foregoing, kindly sign a counterpart of this letter in the space provided below, and return such signed counterpart to the attention of the undersigned. 2 Very truly yours, Roy E Lusk, Chief Central Kitsap Fire & Rescue The Port Authority of New York and New Jersey By Title. Execu ive Oirector 3 RUDOLPH W. GIULIANI September 11, 2013 Dear Friends I extend my warmest greetings to you as you gather together to commemorate the completion of the 9/11 Memorial in the town of Bremerton. It is hard to believe that twelve years have passed since that tragic day that took the lives of so many brave men and women. Their sacrifices will never be forgotten by our great nation and this memorial helps to keep their memory alive. I applaud your dedication to such a worthy tribute. On September 11, 2001 and in the days, weeks, and months following, I witnessed various acts of bravery and kindness by countless individuals This memorial serves as a living display of their heroism It is important that we keep the innocent men and women that we lost that day, along with their grieving families, in our hearts and minds, not only today, but throughout the years to come, and this memorial is the perfect way to honor and remember them. I commend the hard work and dedication of all those who helped make this memorial possible. I applaud all in attendance today, gathering to pay tribute to those we lost on September 11 th We will never forget what happened to us on that fateful day twelve years ago, and this memorial reminds us of what it truly means to be an American. Warmest regards. Sincerely, - r udol h W iuli i P N 1251 AVENUE OF THE AMERICAS, 49TH FLOOR • NEW YORK NY 10020 . TEL (212) 508 -6100 • FAX- (212) 508-6101 � � C OFFICE OF GEORGE W. BUSH July 30, 2013 The Honorable Patty Lent Mayor of Bremerton Suite 600 3456 1h Street Bremerton, Washington 98337 -1873 Dear Mayor Lent Thank you for inviting President and Mrs Bush to participate in your 9 -11 Memorial dedication ceremony on September 11, 2013 in Bremerton, Washington We appreciate the valuable opportunity your invitation presents Unfortunately, the demands of their schedules will not allow them to participate We sincerely appreciate your thoughtfulness in writing President and Mrs Bush send their best wishes Sincerely, Leigh Dodson Office of George W Bush