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09/25/2013 AGENDA
M CITY COUNCIL 345 6t" Street, Suite 600, Bremerton, WA 98337 I l Phone (360) 473 -5280 ** *AMENDED * ** SEPTEMBER 25, 2013 CITY COUNCIL STUDY SESSION Beginning at 5:00 PM in COUNCIL CONFERENCE ROOM 603 The Study Session is open to the public but there will be no opportunities for input or participation; no action is anticipated during the Study Session; and the content of these items is subject to change. If approved by the City Council, the items will be placed on the October 2, 2013 Council Meeting Agenda. A. INFORMATION ITEMS 1. Briefing on "Visit Kitsap Peninsula" — Patricia Graf -Hoke, Executive Director, Visit Kitsap Peninsula (approx. 10 minutes) 2. Briefing on "Bremerton Parks & Recreation Funding Task Force Report'— Cary Bozeman, Chair of Bremerton Parks & Recreation Funding Task Force Committee (approx. 20 minutes) B. NO PRESENTATION PLANNED —The following items are budgeted items or have already been reviewed by the appropriate Council Committee. 3. Resolution to approve the Interlocal Agreement to adopt the Association of Washington Cities (AWC) Health Care Program 4. Resolution to establish November 6, 2013 as a Hearing Date to vacate portions of the alley and 4 th Street for the Park Plaza Project 5. Contract Award for the Construction of the Warren Avenue Bridge Water Main Replacement Project (Bids to be opened on September 23... ) 6. Proposed 2 nd public hearing (on October 2) to approve Letter of Agreement and Lease for Pendergast Park Soccer Field with West Sound FC Premier Soccer Club C. FULL PRESENTATION ITEMS 7. Ordinance to establish a Fiscal Policy regarding the use of Utility Tax Revenue and Payment in Lieu of Property Tax (PILOT) 8. Resolution to approve Name Change of 7 th Street between Warren and Pacific Avenues to Dr. ML King Way Information only 9. Interlocal Agreement with the Kitsap Public Facilities District for funding of the Kitsap Conference Center Expansion Project D. GENERAL COUNCIL BUSINESS • Public Works Committee Briefing (9110113 Meeting) — Adam Brockus, Chair • Public Safety & Parks Committee Briefing (9117113 Meeting) — Leslie Daugs, Chair • Finance & Investment Committee Briefing (9124113 Meeting) — Eric Younger, Chair • Other General Council Business (As necessary...) E. ADJOURNMENT OF STUDY SESSION ® Americans with Disabilities Act accommodations provided upon request. Those requiring special accommodations should contact the City Cleric's Office at (360) 473 -5323 by noon on the Monday preceding the Council meeting. Al (3Q4C7 00 Visit Kitsap Peninsula Presentation to the City of Bremerton September 25, 2013 presenent by Patricia Graf -Hoke, Executive Director K��tlutsap Peninsula The Natural Side of Puget Sound VisitKrtsap com WA STATE DEPT of REVENUE — RETAIL SALES DATA REPORT Location Unincorporated Kitsap County, Bremerton, Port Orchard, Poulsbo, Bainbridge Island Tax Type Sales - NAICS Code 721 Accommodations Unincorporated Kitsap Coun — Accommodations- 2012 Year Tax •- • Taxable 2012 Annual Sales 721 $8,814,346 43 Bremerton Tax Type • Taxable 2012 Annual Sales 721 $10,873,687 20 Port Orchard Year Tax .- NAICS Total Taxab 2012 Annual Sales 721 $1 8 Poulsbo* n its Tax Type NAICS Total Taxable 2012 Annual Sales 721 $2,353,519 5 Bainbridge Island •- NAICS Total Taxable 2012 Annual Sales 1 7 $2,526,272 25 2012 TOTAL GROSS REVENUE ACCOMMODATIONS - KC & CZZTES $26,473,156 Total Units 101 Unincorporated Kitsap Count — Accommodations 2011 .- NAIC Total .• - 2011 Annual Sales 721 $8,676,579 36 Bremerton •- • • .• 2011 Annual Sales 721 $10,284,845 16 Port Orchard Mil .- Taxab 2011 Annual Sales 721 $1,988,600 8 Poulsbo* Year Tax Type • .. le Units 2011 Annual Sales 721 $2,136,814 4 Bainbridge Island Year Tax I ype • I_ c S_ Total Taxable 2011 Annual Sales 721 $2 24 2011 TOTAL GROSS REVENUE ACCOMMODATIONS - KC & CZZTES $25,437,485 Total Units 88 Unincorporated Kitsae Count - Accommodations 2010 Year it. Tax •- NAICS Total .• - 2010 Annual Sales F 721 $8,488,502 38 Bremerton Year Tax Type NAICS, Total Taxab 2010 Annual Sales 721 $9,066,747 16 Port Orchard Year Tax' .- - Taxable 2010 Annual Sales 721 $1 859 945 7 9 Poulsbo* Year Tax Type • .. - 2010 Annual I Sales 721 $2 1 5 Bainbridge Island Type • • .• 2010 Annual Tax Sales 721 $2,506,097 19 I 2010 TOTAL GROSS REVENUE ACCOMMODATIONS - KC & CZZTES $24,571,484 Total Units 84 Note Due to confidentiality laws that prohibit data to be shared in any month If only one hotel is reports Poulsbo's revenues may be slightly higher than appears on these reports It is estimated 2011 and 2012 may be under reported by $8 -$15K WA STATE DEPT of REVENUE - RETAILS SALES REPORT Location Unincorporated Kitsap County, Bremerton, Port Orchard, Poulsbo, Bainbridge Island Tax Type Sales - NAICS Code 722 Food Service Unincorporated Kitsa Count - Food Service 2012 ts Year Tax .- • Taxab Uni 2012 Annual Sales 722 $129,364,981 258 Bremerton Tax CS 2012 Annual Sales 722 $68,233,068 171 Port Orchard Year Tax •- ' • Taxable 2012 Annual Sales 722 $41 112 Poulsbo Year Tax •- ' IC'S Total Taxable 2012 Annual Sales 722 $32,066,845 94 Bainbridge Island Year Tax Type NA . Ics - Total .. 2012 Annual Sales 722 $27,822,831 68 2012 TOTAL GROSS REVENUE - FOOD SERVICE KITSAP COUNTY & CITIES $298,681,734 Total Units 703 Unincorporated Kitsa Count - Food Service 2011 Year Tax •- • Taxable Units 2011 Annual Sales 722 7 $126,398,939 265 Bremerton Taxable Year Tax Type 1 NAICS Total 2011 Annual Sales 722 $63,858,011 177 Port Orchard Taxable i Year 0 Tax Type NAICS Total 2011 Annual Sales 722 $36,064 94 Poulsbo Tota 2011 Annual Sales 722 $32,225,526 93 Bainbridge Island Year Tax Type NA CS Total Tax able units 2011 Annual Sales 722 $25,532,795 63 2011 TOTAL GROSS REVENUE - FOOD SERVICE KITSAP COUNTY & CITIES $284,080,023 Total Units 692 Unincorporated Kitsap Count •- ' • .• Units j 2010 Annual Sales 722 $124 252 Bremerton Tax Type Total Year .• - Units 2010 Annual Sales 722 $60,587,975 1 187 Port Orchard Year •- Taxab I Tax 2010 Annual Sales 722 $35,191,913 101 Poulsbo Year Tax .- Ty NAICS Total Taxable Units 2010 Annual Sales 722 $30,530,664 104 Bainbridge Island Tax 2010 Annual Sales 722 $24,593,912 1 62 2010 TOTAL GROSS REVENUE - FOOD SERVICE KITSAP COUNTY & CITIES $275,071,688 Total Units 706 Department of Revenue - Table L1 2010 -2012 Annual Summary of Distributions of Lodging Taxes to Cities and Counties • o • e � D • e �VIfQI Area Share Additional Total Kitsap Coun1y 142,001 60 142,669 81 284,671 41 Bainbridge Island 53,364 67 53,375 07 106,739 74 Bremerton 168,548 51 168,548 51 337,097 02 Port Orchard 36,120 69 36,120 69 72,241 38 Poulsbo 28,099 86 28,099 86 56199 72 * (includes $0 reported for 5 months due to only one hotel reporting ) Total 428,135 33 428,813 94 856,949 27 e • • • D e o t % Gain Rev Gain Gross Gain Area Share Additional Total Kitsap County 153,290 99 153,290 99 306,581 98 Bainbridge Island 51,678 09 51,741 03 103,419 12 Bremerton 198,788 05 198,788 05 397,576 10 Port Orchard 40,297 17 40,297 17 80,594 34 Poulsbo 40,588 47 44,639 82 85,228 29 Total 484,642 77 488,757 06 973,399 83 e . • • ` D e � % Gain Rev Gain Gross Gain Area Share Additional Total Kitsap County 151,621 83 151626 31* 303,248 14 Bainbridge Island 57,440 50 57,440 50 114,881 00 Bremerton 207,758 90 207,758 90 415,517 80 Port Orchard 38,260 74 38,260 74 76,521 48 Poulsbo 43,956 58 43,956 58 87,913 16 Total 499,038 55 1 499,043 03 998,081 58 *Decrease likely due to combination of decrease in sales at Silverdale Beach and loss of GSA room rate VISIT KITSAP PENINSULA WEBSITE /SOCIAL MEDIA STATS — 2013 L Help Generate Report Email Export I Print c Date Rangy 1/12013 To 8!31/2013 Chart Group By - Sort Traft Trend by Month Date Range 111/2013 to 8/312013 300000 100 • I i•— """"" ""`—� 4 I 250000 I `""•� '"� -so 000 200 000 ° �• - -• `;.� --�— " 160000— `�•� '� b0 000 I to a 100 000 ` 40 000 N 50 000 { 20 000 0 I 0 Jan 2013 Feb 2013 Mar 2013 Apr 2013 N1a, 2013 Jun 2013 Jul 2013 Aug 2013 Date Pago Views Visits Hits Bandwidth January 2013 259 357 1570% 98 410 1483% 1 425 325 10 17% 22 319 0 MB 9 01 % February 2013 211 354 1279% 84 443 1272% 1 363 802 973% 24 565 2 M8 9 91 % March 2013 181 593 1099% 78 113 11 T?% 1 541 379 1100% 26 873 7 MB 1085% April 2013 159 301 964% 66 622 1004% 1 338 089 955% 23 698 1 M8 956% May 2013 191 639 1160% 70 279 1059% 1 708 665 1220% 30 917 1 MB 1248% I � June 2013 169 829 1028% 75 740 11 41 % 1 754 804 1253% 31 489 5 M8 12 71 % ` July 2013 250 184 1514% 95 174 1434% 2 441 112 1742% 44 8616 MB 1811% August 2013 228 940 1386% 94 926 1430% 2436142 1739% 43 044 7 MB 1737% Total 1,652,197 663,707 14,009,318 247,768.9 MB overview Page Posts People L- Wn latmp Portlnsuta ± ExMn Dam too Snowing the tact 7 days of data. 7/2812013 8/3/2013 Page Likes > Post Reach > Engagernern > 2,027 roar Page u,es 7,356 to at poach 561 POOpsa En94W . . 19% ran 4I'c .eck .388.8% han ut rte+ . 331 6% rem past week Wow Pago Lies Pass flatcn . , mss 37 — M3 week 8,638 — Trus week 50 v � .1313% lest week .4952% Last woo► 5 Shy �a 8 ` 1.668 ALEXA Web Info - Website Traffic Rank Comparison - September 2013 Site Information for visitseattle ora Alexa World Traffic Rank 256,250 USA Traffic Rank in US 94,339 Sites Linking In 860 Site Information for visitsamuans com Alexa World Traffic Rank 355,652 USA Traffic Rank in US 124,621 Sites Linking In 379 Site Information for visitkitsao com Alexa World Traffic Rank 469,107 USA Traffic Rank in US 79,222 Sites Linking In 289 Site Information for traveltacoma com Alexa World Traffic Rank 3,525,005 No USA regional data Sites Linking In 235 Site Information for snohomish ora Alexa Traffic Rank 1,091,934 Traffic Rank in US 216,036 Sites Linking In 204 Site Information for 4uiharbor4uide com Alexa Traffic Rank 1,190,115 Traffic Rank in US 167,269 Sites Linking In 119 Site Information for clearwatercasino com Alexa World Traffic Rank 707,047 Traffic Rank in US 160,546 Sites Linking In 130 Site Information for kitsaoconferencecenter com Alexa World Traffic Rank 24,624,046 No regional data Sites Linking In 42 CHAMBERS /GOVERNMENT Site Information for Doulsbochamber com Alexa World Traffic Rank 8,637,892 No regional data Sites Linking In 56 Site Information for kinastonchamber com Alexa World Traffic Rank 3,419,923 No regional data Sites Linking In 52 Site Information for bainbridaechamber com Alexa World Traffic Rank 1,920,661 Traffic Rank in US 308,317 Sites Linking In 142 Site Information for bremertonchamber org Alexa World Traffic Rank 6,984,887 No regional data Sites Linking In 76 Site Information for silverdalechamber com Alexa World Traffic Rank 7,110,174 No regional data Sites Linking In 93 Site Information for aortorchard com (Chamberwebs,te) Alexa World Traffic Rank 1,900,696 Traffic Rank in US 287,237 Sites Linking In 91 Site Information for kitsauaov com Alexa World Traffic Rank 315,252 Traffic Rank in US 69,600 Sites Linking In 575 4 Page 2 ALEXA Web Info - Website Traffic Rank Comparison -September 2013 Site Information for bremerton wa us Alexa World World Traffic Rank 1,674,812 No regional data Sites Linking In 248 Site Information for citvofpoulsbo com Alexa World Traffic Rank 2,491,826 Traffic Rank in US 437,662 Linking In 148 Site Information for bainbrid4e -isl wa us Alexa World Traffic Rank 1,177,321 Traffic Rank in US 220,351 Sites Linking In 207 Site Information for citvofportorchard us Alexa World Traffic Rank 1,810,167 Traffic Rank in US 219,187 Sites Linking In 89 Site Information for kitsapeda org Alexa World Traffic Rank 6,508,905 No USA regional data Sites Linking In 42 OTHER SITES Site Information for ussturnerlov or4 Alexa World Traffic Rank 3,823,956 No regional data Sites Linking In 64 Site Information for biartmuseum or4 Alexa World Traffic Rank 2,679,889 Traffic Rank in US 408,309 Sites Linking In 50 Site Information for admiraltheatre or4 Alexa World Traffic Rank 3,505,356 No regional data Sites Linking In 57 Site Information for portgamble com Alexa World Traffic Rank 7,199,082 No regional data Sites Linking In 88 9/25/13 i a Visit Kitsap Peninsula Special Presentation to Bremerton City Council I' .1 City of Bremerton Council Chambers September 25 2013 - — — - -- - T! 1 e Kltsap Peninsula' To Pu t t Sou n t � f g wim Lcwry.nu< eur.w Tourism Means Business, Jobs & Revenue for the City of Bremerton and Kitsap Region City of Bremerton Only 0 2012 - Accommodations (2ouruts) $ 10,873,000'" 0 2012 - Eating / Dnnking Places (171umts) $ 68,233,068`" Kitsap Region 0 2012 Annual Revenues $ 500,000,000* 0 2012 Tounsm Related Jobs 6,700* o 2012 - Accommodations $ 25,000,000 ** o 2012 - Eating /Drinking Places $ 258,000,000** *Report by Puget Sound Regional Council 2012 * * Data WA State Dept of Revenue Kitsap County Bainbridge Island Poulsbo Bremerton, Port orcliard me Kitsap Peninsula The Natural S,dt I of Puget Sound NIbr•COIMntlenB nYu 1 9/25/13 Tourism Creates a Powerful Economic Wake NEW DOLLARS support businesses non -profit organizations arts goverment services and residents All �' Rental Gr Motorcoach "� Train RV Cruise tines Travel Meetings/ Gas rood Gmpgmund gIng Amusement Recreation Enterwnment Agency Con trans a►ages, Salaries, Profits Taxes ' Outside roods ell-` .,, ° LA w Cods &SerNCes I aservices 1 010 0 1 Q� 3 k go l a dar 113 t 4aro' ^e shOW,In i S ,,<erT The Ki tsap g school Museum Bank ( Peninsula The Natural Srde � of Pu¢ct Sound D E S T I N A T 10 N C I T Y e f R M E R T O Why is Tourism So Popular? Tounsts fuel the local economy with pockets full of new dollars vs recycled dollars Tounsts easily and quickly create positive economic impact No pads, no permits, no problem Tounsts do not put pressure on r existing community or socal services ti Tounsts and event visitors shop, play, eat, drink, sleep, make our local cash registers ring and leave' Mtsap Peninsula; T� Nr � visstRttsap eom l 7 9/25/13 I Tourism Diversifies Our Economy American Cruse lanes Adds Kitsap the largest small US cruse line added 15 stops to Kitsap Peninsula and Poulsbo with plans to visit the region 21 tunes it 2014 r I REI Opens 129th Store in USA in Kitsap Ms famous outdoor /recreation retail giant chose to open its 129th store on the Krtsap Peninsula In addition to creating 50 new jobs REI s 25 000 sq ft store (nearly as large as its Tacoma store) will attract thousands of recreation visitors to the region Port Madison Enterprises Expands Hotel/Conference Space PME /Suquamish Tribe is adding 100 new hotel rooms and a new 28 000 sq ft conference center I I Kitsap Peninsula Water Trail Added to 2,000 Mile Cascadia click to download Marine T MI - WA Water Trails Association features KPWT on its ' PL , !Kitsap Peninsula 1 website that serves 500 000 visitors KPWT it line to be named part of Water Trails Map ( the National Park Water Trail Malang KPWT one of only 12 water trails in the USA and 2nd largest in the NPS WT system. "IIIGtsap (Peninsula 1 TI, lu I S d Puy, l Suu 1 D , visitICt® com 1 Tourism A Gold Mine of Opportunity • Kitsap is located minutes from the 13th largest, and among the fastest growing, metropolitan- mtemational markets in the USA • Kltsap Peninsula has 28 marinas that attract thousands of boaters and water trail recreation users every year a(c Gov) a Every city and key community in Kitsap is located on the water • Kitsap Peninsula is home to more WA State Ferry terminals • The Kitsap region has several awarding winning golf courses • At 371 miles, Kttsap boasts the 2nd largest water trail in the USA • Kitsap hosts the largest mountain bike and cycling rides in WA • POB airport serves a wide -range of visitors /travelers [{itsa Pen msu I TI h u I S d ( tS u d • VisitXitsap com 9/25/13 Bremerton Fountains of Regional Attractions Kitsap is all about the water and Bremerton is THE star attraction for visitor friendly and impressive water features i I I � � d rj j T� Kitsap ninsula ha[urf Pug.[ Sound N4mr CwMntlai Bunuu Bremerton A Natural Destination for Visitors Bremerton s outstanding city parks boat launches water trail access and non motorized paths contribute to the region reputation as a regional mecca for outdoor recreation and events PEW w s y x TMeKitsap Peninsula 6 [h ha[ur i S d i —" — fpuge[Sound ..�� 4 l t� ) /•, < t; �, _ s ; i �' �`� t_�- n „�� p nj� R'hvC�''?JU. �;+53;<.�"`.fl�eV8:3R[I]4..' — � � es' "D�`" - .:. -..f - .��• y /1 D E S T I N A TAP O N CITY •�f ;t R.E ME R - T ON L K I T S A P E N 1 N. S..0 L A. .ank �7 • /_ r" tom';: rt h ;•tin -..�_ �fpV . _ ` • l.� O E S 'I' I ;!A T 1 0 :f C I "i ? o f 14 1. E M E R 1 0 ,•1 5 n. P P F: it I ;I S V L. ?. ;�� v11111I1Y�ij ^�$•. —� 1 ni 1 its Il I u17. 4 ..: 4y - 0111 • • • tip' wi �= •:_•.:�. � �,rd'.� .�.. VisitKitszp.coml VisitKitsap.com DES T I N A T I 0 N C I T Y • f { R F M E R T 0 N & K I'j S A F R E N I N S U L A `• * ,� � ._ •. • .'fir► ,ri w ; � II 4 y i i fI► . ♦ 111 _ _ 4 ♦ _ saw -.rte = • • • -' of �l D E S T I N A T I O N C I T Y • f t R M E R T ON i K I T S A F E N I N S U L A 9/25/13 VKP Tounsm p°�yty ^ AJVp ib h i , UNI � ,� Marketing -PR r LOOKING FOR NEW ADVENTURES? START HEAE� - tlA peeUV � 1 �MMW 1 MbMW9 _ tsa1W a tGt pt'o•t9 vaticai t R�t � R) Mdvbt �.pyp E L 1 w! wnms4r n Take a drne to Kttsap Pemnsula for a farm m al• '' �® Nw4a ma NlUwtn a Mk IOYn Mo"'baa °or°" Ittlry alpm iM NOt r 1 HE YOU PR B GE>gtedlo• ABLY �..,.,. ... a �.- .....m a... au.° REI to j Be inN t Kitsap Peninsula Reaidents I 20 mattllmg hotels blmtl n KrtsaO PemnsuW - 9 _ _ 8 Next Fall 1Kitsap I •�• _ - -- - �"�""��`° Peninsula ka lUtint.•N Vg - - -_ -- mw -- _ _— T _ —, -- — TV h " I S 1 t5 u � 0 VtsttKitsap com - i About Visit Kitsap Perunsula The VKP is a 501 c6 non - profit founded in 1983 We are the officially recognized local agency responsible for marketing the Kitsap Peninsula region and providing visitor information j i The VKP is on the board of the WA State Destination Marketing Organizations (WSDMO) linked to national and international j Destination Marketing Organizations (DMOs) The VKP is the official point -of- contact and our contact information and websrte are automatically included in print materials and hundreds of travel - visitor information websites worldwide It's)ust one of the reasons why the VKP websrte is among the most popular in the Kitsap Peninsula region K asap Peninsula Th h'. IS J f Pug 's d YisttICitsap c 7 9/2,x/13 VKP Tourism Development Action Steps • Took the lead in 2009 to put in place a region wide branding and re- positioning campaign to establish the Kitsap as "the Natural Side of Puget Sound" The strategy has generated global awareness for the region and it's communities • With limited staff and financial resources, VKP has turned its websrte into one of the most powerful and effective tourism websrtes in the region attracting 60,000 - 90,000 visits a month i • VKP social marketing sites have 3,500 fans and the bi- monthly VKP eNewsletter is distributed to 16,000 online subscribers • VKP is collaborating with tourism stakeholders to develop regional partnerships and co -op marketing programs l xitsap t'eninsula T IIP VtsitiCitsap rnm t Ilk ��eta I F P 4c ` I d f i b h y R ltll l i i I Destination Bremerton and the Kitsap Peninsula Working together we wil grow our local tourism economy, revenues and create )obsi Kitsap Peninsula 1 he Ir—t —1 Std, (Puget SOUnd — , wroo aammbn euruu 8 _ Visa Penlmula Puget S Visitor and Event Destination o www visltkltsap corn IVn Wftw C i:'r�� p M4n .awuw si eqr ' ,� • &y...,llkt i"`Sc• y L . J k Septem ber - Octob er f You Are Cordially Invited to Enjoy 1 KITSA'P PENINSULA c7riff t f ti � t� f/ Click here lodging options - - -- -- -- -_ - -- - - -- - -- Fall Is a glorious time to visit i; , a� the Kitsap Peninsula where farmers, { producers, wineries, breweries, farmer's markets and communities are hosting b activities for visitors to enjoy the harvest season Enjoy tours of historic _ working farms, chef prepared harvest • dinners, corn mazes and pumpkin patches Farmer's Markets are extending their hours and there are even more 3 road -side farm stands selling fresh farm o d�Cc)Q i produce ti@ n %GM @R@M @ft Qfflo@ Visit the historic Petersen Farm alck for selections Fall Fair in Silverdale on - - - - - - September 15 Learn about the Enjoy the Fall Harvest at farm's history and equipment, hay rides, games, food, music { local Farmer's Markets and more Fun for the whole family A• x �. Another charming, historic favorite is Scandia Valley Farm which was built in 1904 Kids will love the farm tour which starts in the pumpkin theater where Farmer Jensen gives a farm talk, assisted by his crow puppet Visit the farm stand for fresh produce and wind your way through the Bainbridge Island Corn Maze Sat - thru Nov 16 1 9am - 1pm Town Square at City Hall Some other local farms that have pumpkin f �► Bremerton patches and /or corn mazes include Minder Farm in Central Thurs - thru Oct 17 1 4pm -7pm Kitsap, Sunrise Farm in Kingston, and Pheasant Field Farms in Evergreen Park Silverdale Another family fun event is Bainbridge Gardens' Sun thru -Oct 3 1 10 30am -2 30pm Annual Pumpkin Walk Kingston Sat thru Oct 12 1 9am -2pm on October 19 & 20th Mike Wallace Park next to Ferry Landing There's still time to sign up for the Kitsap Community Food Port Orchard Co -op Harvest Dinner on Sept 7th, and the 5th Annual Kitsap Sat thru - Oct 12 1 9am - 3pm Grown Harvest Dinner on Sept 29 The Poulsbo w1ulti. � on Port Orc hard waterfront �� will bring together some of the best Sat - thru Dec 21 1 9am -ipm locally produced food and many of Kitsap's Corner of 7th & Iverson top chefs for an evening of culinary Silverdale +� delights' Led by Chef Chris Plemmons, Tues - thru Sept 24 1 10am -4pm Olympic College Culinary Program, and Old Town Silverdale between boat Chef Monica Downen, Monica's launch and Waterfront Park Waterfront Bakery & Cafe Don't miss out on this opportunity Suguamish Wed - thru Oct 16 1 3 -7pm to celebrate and support local farmers Suquamish Way across from the Suquamish village Shell Also, check out our Fall Harvest Calendar web page for details ** and farm events, pumpkin patches, and farm stands We will Tomato Taste -Off at Poulsbo Farmers be updating our webpage as more information becomes �� Market - Sat - September 14 ������ available SAVE THE DATE ~ OCT 4 Below are some Kitsap Peninsula activity highlights taking place in September and October We have beautiful hotels and M o o -3 cozy B &B's, so make it an overnight, long weekend or ( ftm M vacation' Click for more Events Things to Do and Lodging 906@491h fo Information 0 000 September 7 - Poulsbo 11110041111111111111100 "Wee r*" IF Poulsbo Music Festival Sept 7 • Waterfront Park Come Join the fun at this free € musical event at Poulsbo's Waterfront Park Featuring Born fff to Be Wild formerly Magic Carpet €� Ride Opening bands include Ghost light, Down To Three and ji Sin Circus More info I Bremerton Artwalk _ September 7 - Bremerton ! First Friday - 5 to 8 PM I i� f Manette Fest 2013 l Charleston Arts District Artwalk Join the fun at this annual event I� 4th Saturday - 12 to 8 PM • in downtown Manette to celebrate the quirky character of this J Downtown Pouisbo Artwalk charming, eclectic and artistic 2nd Saturday - 5 to 8 PM neighborhood Learn more September 21 - Keyport Keyport Fest 2013 There is lots of family fun at f this year's Keyport Fest `� uv L New" Silverdale Artwalk � � ' Includes Car Show & Shine, ist Thursday - 5 30 to 8 PM live music and entertainment, Ii street fair booths, food & Host Your Next Meeting, Retreat or family activities More info Event on the Kitsap Pemnsulal E � i September 27 -29 - Port Gamble - Old Mill Days & Forest Festival Come see Mayhem At The Mill, Lumberjack show, NW Chainsaw carving competition, ice carving, The Kitsap Peninsula is the perfect Toughest Timber contest, wildlife & destination to host your next annual nature exhibits, carnival, car show, food and live meeting, conference, business expo, entertainment on Saturday night with Soul Siren Learn more corporate retreat or private event You II find more information i at VisitKitsap com September 28 - Brownsville Celebrate Being BAD in Bioxvnsvillel f _ It's that time of year for I L Brownsville Appreciation ADDRECIATIOiNI DAY Day Includes custom car show, arts & crafts fair, boat rides, live music, carnival games, Classic Yacht Rendezvous and Pirate Zombies' Treasure Hunt Click here for info f The Kitsap Conference Center is the October 4 -6 - Kitsap County Fairgrounds s region's official conference center and Peninsula Home &Remodel Expo o cc 4 -6 p one of many venues that offer meeting options Click for details Reinvest in Your Dream' Attend and find out why this is the best home and remodel O nm C n event in the region Professional Expo em management, affordable admission prices, X P C un FREE on -trend and informative seminars, and ample FREE parking Learn more r f October 25 -26 - Kitsap County Fairgrounds ` West Sound Quiltei s ShoNN ?Veit found Come to A Celebration of Quiltst The Kitsap Peninsula offers breath- Includes vendors, demos, quilt raffle, taking backdrops and venues We %, -_ wearable arts, cafe, quilt turning, offer awide -range of weddma harpist Bronn Journey and featured .L services including planners, caterers, artist, Rita Jackson Learn more photographers, florists, sound & music, formal wear, lodging & dining Use the search features on our Wedding page for professionals that can make your wedding a success Relax and Stay the Night The beautiful Kitsap Peninsula is the perfect place for your next reunion or Weekend or Weekl special event Click here for details Kitsap Peninsula has many affordable lodging options from cozy B &B's and guest houses, to charming local hotels within walking distance of parks, trails, shops and dining Check out our Lodging i I Dining Calendar of Events, and Activity pages to plan your vacation escape or extend your stay with family and friends during the summertime holiday season Hero.nswood Garden Open • ws King . 1 • WA WATER TRAIIS Adds Kitsap Peninsula To — Cascadia Marine Trail Visit Kitsap Peninsula and Kitsap Coun g ty are pleased to One of the nicest ways to arrive on the Kitsap Peninsula is via announce the one of WA State's most popular tourist attractions the Washington Water beautiful WA State Ferry There are four routes available, A TER Trails added the Seattle - Bremerton, shown above, and Bainbridge Island, Kitsap Peninsula Edmonds to Kingston, and West Seattle to Southworth These Water Trails as an official segment of the Cascadia ferry routes provide easy access to all the communities on the Marine Trail, a National scenic Kitsap Peninsula Click here for schedule information Trail Fall is a perfect time of year to set your sails for the Kitsap Peninsula O With 28 accessible marinas and boat /kayak launches, the Kitsap `ft Peninsula is a perfect place to The KPTW is featured on the WWTA sail or cruise on over' Many offer website along with other popular overnight and weekend moorage water trails in Washington State that including the Ports of Silverdale, serve nearly 500,000 Kingston, Port Orchard, Poulsbo, Bremerton, Brownsville to people Kitsap County and Visit name a few Click here for a list of marina Kitsap Peninsula formed the Kitsap Peninsula Water Trails Alliance which A Taste of • includes dozens of Hu�'Rm�sAb water trail stakeholder who will help oversee Kitsap Peninsula Is A Mecca for management of the Award - Wining Local Brewers' KPWT The KPWT is b �+� If you love local micro -brews and pubs, currently in the process head to the Kitsap Peninsula and we'll of receiving designation as part of the National keep you in good spirits The population of 1 Park Service Water local brewers is Trails system exploding, as well --- as pubs that serve Kitsa Peninsula our famous local micro -brews which -a - are winning awards and rave reviews c a d L I A N c E Read the review by sedttleC S Seattle PI's The Pour Fool who did a recent tour of local brewers Sound Brewing Valholl Brewery and Hood Puget Sound Canal Brewery Silver City and Slaughter starts H e1se POUR County Brewing For more info, and to FOOL download a map of locations, visit our Brews & ! Click here to learn how you, your � Bites website Dage family and friends can work to help �i restore and protect our waterways Order Your WA State Park Pass , It's that time again for Silver City Today & Be Prepared' I Brewery's Oktoberfest on September 14 Kitsap Oktoberfest provides an Yoni Year-Rotindficket ` opportunity to taste some of Silver City and Recieatlon Lands Brewery's finest brews and benefit the Kitsap Fire Fighters Benevolent Fund E ! i Takes place at Cloverleaf Bar & Grill in P I i � � Bremerton � I r Click Here to order online € - - - — - -- - September 29 - Bainbridge Island Friends of the Farm Harvest Fair Come to the annual Harvest Fair at Johnson Farm on Bainbridge Island This educational and fun event celebrates local farming Not Just for the kids r The Suauamish Clearwater - October 6 - Poulsbo Casino Resort Try your hand at lady as Poulsbo Farmers Market luck and enjoy FREE Live Music featured every Friday & Saturday at Harvest Dinner Beach Rock Lounge An annual fundraiser which Aa showcased the very best that the market has to offer' Hosted by Chef John Nesby at Mor Mor Bistro i Features fresh, local, ingredients o Click here for details � � E I Whatever activity you are enjoying on the , T Kitsap Peninsula you're sure to work up an _ CASINO appetite You'll find lots of dining options #t ChWt*H0M8_FwFmn04mW including fine dining bistros serving fresh the - point- cMMO.Can ' local menu items, bakeries offering gluten free - treats, wood -fired pizza and traditional family fare VisitKitsap com /Dining for a - _ - - -- -- - -- I wide -range of dining and drinking options to StSiK"tersERVIMMentelCenter suit your mood awgm in 6 Used Book Sale - f II Sept 6 -Oct 13 Oct 11 -12 18 -19 25 -26 31 -Nov 2 Here's your chance to load up on Kitsap County Haunted House at = some great used books' A great selection of new and used -all Kitsap Fairgrounds reasonably priced More info The famous Kitsap Haunted Fairgrounds is back' If you haven't made your way out her before, buckle up -you - you're in € for a ride through your darkest nightmares More info j 1 ' l October 18 -19 - Port Gamble Port Gamble Ghost E �a r i • z � ` r j Conference m Two -day conference with classes, b demonstrations, discussion panels and investigations of the para- normal in Port Gamble Learn more s' Shoreline Eco- Cruise Sept 15 or 22 October 25 -31 - Bremerton j Travel on the Sound on the USS Turner Joy Haunted Ship E Suquamish Tribal Fisheries t Hop aboard the USS Turner Joy for some Halloween fun' There research boat You will learn about is nothing like itf The ship has been featured on national E' the nearshore the geologic s paranormal programs Thurs, Sun & Mon, from 6 -10pm & Fri formations, the critters who live & Sat, 6pm- midnight there and how it is impacted by humans Tour departs from the • ' TS, CULTUI RE & HISTOR Kingston Marina Space is limited so sign up today Learn more Indie Book Store Events Local indie- bookstores offer a wide variety ( W L of guest speakers For current events, please visit any of the following bookstores - TfteI� on the Kitsap Peninsula Mostly Books in itSap Gig Harbor, Liberty Bay Books and the j�pnl�a Book Stop in Poulsbo Also check out events L �.r hosted by West Sound Reads a consortium { The Kitsap Peninsula boast award of Kitsap Regional Libraries and local independent book stores winning golf courses' Visit our Golf page for details I 1 j Theatre, Dance & Music Performances & Events The Kitsap Peninsula is home to hundreds of talented actors, singers and performers Although most theater performances e _ start up again in September below are a few August shows 1 t _ _ Sept 6 -29 Bremerton Community Theatre - Lend Me a Tenor Sept 13 Oct 12 Jewel Box Theatre - Gypsy Sept 13 Oct 6 CStock Theatre - Hairspray I Oct 11 Admiral Theatre - presents The Second City Laughter } Click links below for details about these shows and others Parks /Environment /Recreation CSTOCK Theatre - Silverdale I Admiral Theatre - Bremerton Bremerton Community Theater Bremerton Symphony Jazz Canvas Poulsbo /N Kitsap Jewel Box Theatre downtown Poulsbo Kitsap Forest Theater - Bremerton Port Gamble Theater W Washington Center for Performing Arts Port Orchard West Sound Entertainment Association - Bremerton West Sound Repertory Theatre For more venues and info, please visit our website ° • ••• - • September 7 - Bremerton Pizza Pedal & Run Ada °0 ° _ Whether you want a Century Challenge ° 9aft Q, Qama!" or an easy family, ride, walk or run, Mam Pizza Pedal & Run has something for •• everyone and pizza' After the event, ® head to Manette Fest for family fun' I Learn more 1 � w I September 29 - Poulsbo /Port Gamble /Indianola /Hansville Loops Cascade Bicycle Club Kitsap Color Classic Cascade Bicycle Club I Information Partners presents it's popular j season finale Pedal MM through the gorgeous_ ° - • ° • • IP northend of the Kitsap ftuFA DOam Q. ftgg Peninsula through some Coy °•cr ;n u1Fl$p� the best riding country in the state A must -do for bike enthusiasts ! Outdoo Resources October 13 - Poulsbo Poulsbo Full -Half Marathon "Get your Uff Da On" at this year's marathon in picturesque Poulsbo Includes 26 2 mile run, 13 1 mile half marathon, kids marathon & dask, & Lutefisk 10k Proceeds benefit the North Kitsap Trails Association Learn more Experience the "Natural Side of Puget Sound" T11 e st with an Educational Kayak Tour' W Sound Cycling Club North Kitsap Trails Association Thru September 15 Guided Wildlife Kitsap Runner - Tours Poulsbo's Liberty Bay has an N orthwest incredibly rich marine environment, Roots Rock O utfitt e rs with harbor seals, bald eagles and Pe ninsula PeninSLfla •_ _ more Or try our unique Sunset Tour low Silverdale Cyclery - Thru September to experience seals, Olympic Outdoo Center eagles, osprey and other wildlife up j Kitsap M ountaineers close Learn more Nke-W O lympic Kingst Ad ventures - Racing/Sto _ ; October 27 -Port Gamble i Allianc Bicycle of Spooky 12K Kids 1 Miler Silv e r da l e Starting and finishing in Port Gamble, the hills aren't the only ch scary part of this race' Dress up for this one with the best Kitsa Also Pe ninsula Lan costume contest to follow the race Free For the kids only Run into the woods and follow the trail to see the old bears den before running back to town' For info KITSAP T ouRS Stay for the weekend' There are many lodging choices f — °- -- -- - throughout the Kitsap Peninsula such as Oxford Inn or the Best Western Plus - Silverdale Beach Hotel in Silverdale In I ' Bremerton, Baymont Inn & Suites, and the Super 8, and the " Comfort Inn in Port Orchard Poulsbo has the GuestHouse International and the Poulsbo Inn Our website provides more E lodging choices including many lovely B &B's The Kitsap Peninsula offers miles of trails and t paths for nature lovers of all ages' ~ Um _ _ Bird lovers, beach walkers and lovers i� of wildlife and nature will find plenty k ; to explore and enjoy on the Kitsap Rmftsnvw r e ' Peninsula Below are just a few ideas' For more places, visit our "Things to Do" Nature section The lush, wooded trails of the Hansville Greenway and North U PEN Kitsap Heritage Park between Kingston and Indianola are wonderful urban retreats and enjoyed by hikers and canine pets alike A few "in town" favorites include Poulsbo's Fish Park and Clearcreek Trail in Silverdale- -both provide pathways, and boardwalks to stroll easily with family and friends The Illahee Preserve in Central Kitsap features nearly WA STATE FERRY SCHEDULES 700 acres of open space and habitat j - ---- - - In Port Orchard, Banner Forest Heritage Park encompasses acres of walking and equestrian trails Several miles west of o Bremerton Green Mountain State Forest is surrounded by i over 6000 acres of state forest with several well - maintained trails In Belfair, enjoy Theler Wetlands with over 135 acres - a favorite of hikers, birdwatchers and photographers alike SuDDOrtiop our commuoity � Welcome to Visit Kitsap Penmsulat Visa We are the official visitor and information W 10=p1a bureau for the Kitsap Peninsula Staff is ( The Natural Side available to provide assistance to visitors, www VisitKitsap corn f of Puget Sound` professional planners for conventions, meetings, Kip tournaments, wedding and ftminsula "% MOV Lid VisitKitsap corn other events Learn more about the Kitsap Peninsula cities and communities at VisitKitsao corn i Easy Access to Online Materials_ Get easy access for download r � information about the Kitsap TX ui tsapvanhuuta Peninsula including our new Brochures. Water Trails Map, Visitor MapsbGuW- f Brochures, Bike Maps, Brews & Bites Tours and other info Just Bremerton, Washington Visitor Information Page 1 of 2 home I contact I links I library I gallery ( members I about us I blogs I Like 2 ik SEARCH OUR SITE � GO ���� �� I Conferences Vt p & Meetings view my folder (0 Items) Reunions & Receptions Peninsula The Natural side Of Puget Sound webcaFerry Tr FerrvSchedul Bus WA iness A A Ferry Rido Addy Dostlnatlon to O we a Fe Webcams Retreats �L Weddings Calendar Lodging Dining Communities Things To Do More Getting Around Boating 1 Golf RION I SPOrts & yi Tournaments RIM i� e _ r Oct 4 -6 Bremerton Links Bremerton fe things to do >> - Bremerton is the largest lodging /r city on the camping /ry » Burr ' „ � Peninsula is surrounded by dining >> miles of shoreline and and E 1[ P O drives & itineraries >> waterfront and pet friendly this month s events >> • • r parks perfect for picnics and relaxing strolls You _ can arrive aboard the WA V I� �I State Ferry from Seattle • - w _ or from the south via the Tacoma Narrows Bndge - ` and from the north the _ Hood Canal Bridge or Kingston and Bainbridge Island ferries The Kttsap Conference Center is also located in Bremerton and is the center of y�<s - W ® the and expansive Harborside District filled with stunning fountains waterfront boardwalk restaurants art gallenes and shops The Bremerton Harborside Marina is accessible to visitors and weekday and weekend boaters Y ai �' • !�� Bremerton has several museums f many within walking distance of the • g ferries Including the Kitsap — FOLLOW us ON Historical Museum the Puget .SSSr.��.,� Sound Naval Museum and Memorial t� I m tE■ �r Fountain Park Valentettl Children s Puppet Museum, • M Ja n Cur iwg ® SHRRE Math g �� > historic ship USS Turner Jo v and the famous Amy Burnett Pyrex r -- Museum L tk — The city s parks are a source of community pride offering visitors excellent picnic grounds ball fields and one of the nation s premier golf courses the challenging 36 hole Gold Mountain Golf Course Send an eCardi 2013 - MAJOR COMMUNITY EVENTS ART WALK First Friday of Each Month (Downtown Bremerton and Manette) 5pm 8pm October 25 October 31 USS Turner Joy Haunted Ship (Bremerton Marina Waterfront) December 6 Winterfest (Downtown Bremerton) http / /www visitkitsap com/cities asp =10 9/20/2013 7_1 I SIELtms CENTRAL AND SOUTH KITSAP REGION MUSEUMS i J MILITARY & VETERAN MEMORIALS CENTRAL KITSAP ` "" ' x o� CENTRAL KITSAP Aurora Valentinetti Puppet Museum - 257 4th Street Bremerton Keyport {� IN Bataan Park Corner of Sylvan b Olympus Bremerton 1 360 473 5305 360 373 2992 I ectandpuppets org \� �— - - -- Bataan Monument honoring the soldiers involved in WWII Battle of Bataan A museum of theatrical puppets dedicated to puppetry fun and education Representing many different puppet types and different cultures from �, 9 ` ® Evergreen Rotary Park - 1400 Park Ave Bremerton around the world Children s activity area Fee open all year Wednesday f © , Home to Bremerton World War I Memorial with 40MM saluting guns (Mark through Saturday from 11am -4pm first Friday Artwatk 5pm -8pm and V & Mark 11) off of USS West Virginia and bronze plaques listing Bremerton special request Gift Shop Family Kids i t service members who lost their lives in the Great War . h Silverdale �_� l © Ivy Green Cemetery - 1410 Naval Ave Bremerton - 360 478 5305 Bug Museum - 1118 Charleston Beach Rd W Bremerton 1 360 373 7691 "� D http / /www a bremerton wa us /display php?id =514 bugmuseum com .' ° Bugs bugs and more bugs' Explore bizarre bugs under the microscope ---- asses you see - ( ° ° 0 0 Encompases a large military section with all services represented Located look through l that let like a bug and even watch bus ants I � ` ( -- - - -- here is a replica of the Tomb of the Unknown Soldier with Remembrance g g Y g y q Brownsville Ribbon path and reflecting wall in honor of fallen military men and women _ in our giant 8 foot long Ant Farm See the weirdest and most interesting bugs on display for you to see u close Over 15 kid friend! exhibits to�__ Kitsap Count Fairgrounds and Events Center - 1200 NW Fair 9 P Y Y P Y r 4 i ® ! �, J� � ® p Y rounds Rd 9 9 explore No Fee open all year 10am -5pm Family Kids Gift Shop 1 - f i c Bremerton 1 360 337 5350 I http / /www kitsapgov com /parks /default htm Keyport Naval Undersea Museum - 1 Garnett Way Keyport 1 360 396 4148 Korean War Memorial is located near the Presidents Hall parking area _ i � 4�� I navalunderseamuseum org I - ° ® Kitsap County Veterans Memorial - Waterfront Park in Old Town Silverdale Naval history undersea technology and marine science combine to create Memorial dedicated to Kitsap County Veterans and a WWI Memorial Obelisk an exciting and educational experience for visitors Largest collection of Lent s Landing Park On the corner of Lebo b Reid Bremerton naval undersea artifacts in the United States Indoor and outdoor exhibits 360473 5305 The museum offers a research library and children s area Open all year but Q ( r A flag pavilion and plaque have been dedicated to our living Medal of Honor check website for seasonal hours No Fee Family Gift Shop a❑ ' ° recipient John Druse (Bud) Hawk Kitsap County Historical Museum - 280 Fourth St Bremerton n° Sa r M Bremerton - 360 479 6226 I kitsaphistory org 11 i o� o © Lone Sa o Memorial Harborside I lonesailor bremerton org } s ° °° o The Lone Sailor Statue stands watch over Sinclair Inlet welcoming all who The Kitsap County Historical Society and Museum collects preserves and + �° ® o o come to visit our community exhibits the diverse culture heritage and history of Kitsap County for the I ° education and enjoyment of the public Fee open all year Tuesday through l ' o, ©p R o o F@1 Paths of Freedom Memorial - Ohio & 15th St Bremerton Saturday 10am -5pm Check website for summer hours Family Gift Shop Bre ton o o ° Chronicles Kitsap County citizens who lost their lives combat during WWI ` See Discover Bremerton Gu,d. ®� 0 ° pdO i through contemporary times © Puget Sound Naval Museum - 251 1st St Bremerton 13604797447 for detailed street mfomation Qp ®o Manche er Bremerton Seattle http / /www history navy mil /museums /psnm /psnm htm - y ` �� Ferry Q Puget Sound Navy Memorial Fountain Park - 315 Pacific Ave Bremerton The Puget Sound Navy Museum offers an up -close look at life on the sea r ® Located just north of the Naval Museum the Puget Sound Naval Shipyard important moments for the Navy in Puget Sound and the history of the Memorial Plaza highlights the Shipyard s many contributions to the City and Naval Shipyard Open Monday through Saturday 10am- 4pm,,; Retsil the nation There are numerous fountains statues informative plaques Sunday ipm -4pm Closed Tuesdays October through April No Fee ° •'a b + _ b • tt ® ® Veterans Memorial - Legend Harley Davidson Dealership 1 9625 Provost Q USS Turner Joy - 300 Washington Beach Ave Bremerton 1 360 792 2457 4 9 ' ' 1,— Port _3! Road Silverdale Veterans Memorial plaque honors all the combat veterans usturnerjoy org ! Orchard POW /MIA S and all the men and women the U S Armed Forces world wide past present and future ( A restored Vietnam era destroyer -the first permanent and publicly �� '"= `"�-„ � ~� accessible Naval heritage and educational ship attraction in the Pacific it / r � ° © SOUTH KITSAP Northwest 10 00am -5 OOpm seven days a week ( ! Gorst h ® Kitsap County Veterans Memorial Park - 985 Retsit Road SE Retsil SOUTH KITSAP • Tin N T m Southworth A Marker and a set of 40 MM Bofors guns honors South Kitsap residents who Log Cabin Museum - 416 Sidney ��i lost their lives in Vietnam Y Avenue Port Orchard I 360 876 3693 Chambers b V Inf _ " sidneymuseumandarts com /log -cabin -home html� Bremerton 360479 3579 bremertonchambercom I ># r 9 Manchester Memorials - On the corner of Colchester and Main Also part of the SMAA the museum features changing exhibits of home life aw Q 286 Fourth Street �e,aN ► wre Manchester Memorial honoring WWII and Vietnam Veterans Flagpole honors in South Kitsap during the past 100 years as well as items typically used and Port Orchard 360 876 3505 portorchard com CDR Joseph Robert Bow tells the ongoing story of The Orchards Open May through September and 1014 Bay treet #8 ❑rI Port Orchard Memorials - Four memorial sites are found within the city on special occasions Check website for updated time and day Family y ° • ° ' ° ° ` P P Y Y S i { � Silverdale � 360 692 6800 � sdverdatechamber com --- -- - - --- limits of Port Orchard On the flagpole in the center of the traffic triangle in © Sidney Museum - 202 Sidney Avenue Port Orchard 1 360 876 3693 ( 10315 Silverdale Way Suite C01 front of City Hall is a Veterans Plaque dedicated to those who have served In sidneymuseumandarts com �'� Sponsored by ���� the foyer wall of the City Courthouse individual Kitsap County citizens who Part of the Sydney Museum and Art Association is dedicated to preserving f TlteKitSa died during WWII are honored The privately owned Veterans Living History local history and promoting arts with displays which change regularly i `� _ p E Museum located at 825 Bay Street houses a collection of all prior wars Open all year Tuesday through Saturday 10am -4pm Sunday 1pm -4pm Peninsula L and conflicts In the park along the waterfront is a Veterans Wall This wall , c �i _ The Natural Side Family of Puget Sound displays names of living and deceased veterans Veterans Living History Museum - 825 Bay Street Port Orchard ® Veterans Home Cemetery 900 Olney Dr S E Retsil 1 360 895 4700 One man s collection of all the prior wars and conflicts Also includes a vimtoracon —tiun There are three obelisks located in this cemetery honoring veterans of the display of many Kitsap County s Medal of Honor recipients Open most of I For more info lodging dining attractions arts b culture — Spanish American Was the Civil War and Veterans from all Wars the year Wednesday through Sunday No Fee Family i • • _� j recreation &things to do go to visitkitsap com u Olaila ® Washington Veterans Home � 1141 Beach Drive Retsil 1 360 895 4700 On the 31 acre campus are two obelisks honoring veterans from Civil War and Spanish - American Wars 6 � � .] tt, ��� j�M y } ,� S , ..., s� i - � ^vim. � 1 / i +L.. i ail ,tir- •- "le.r' S 1 _ � ` � � cl�l� r �rMMk�iy.��, 4a � J��� a�'+Jl�'w�►t �1M"',�� :, �.. •�✓ 1 � u .L � , r Bremerton Parks & Recreation Task Force Presentation -4 - --- 1; illillill A, • lRF :MEt37,0� �0 Am •! 31 Parks covering 350 acres 4.5 miles paved wa I ki ng tra i Is 17 Playgrounds - 3 � oat Launches 14 soccer, softball, football fields (� w/ lighting) The Boardwalk 12 Fountains Senior Center 1 � Restrooms Sheridan Community Center 14 Picnic Shelters Ivy Green Cemetery 22 Parking Lots Gateway Landscaping 22 Irrigation Systems Community Garden 16 � Flower � askets Skate Park 400 Street Trees Conference Center Plaza Planted Streetscapes (Pacific, Burwell, 4th) Contract Managed Facilities 5 lei Are = as (1ce Area, Pool, Golf, Disk Golf, Theatre) 9 miles gravel /wood chip surface trail Youth, Senior, Special Event and Athletic Recreation Programs 0 0 O � Y 4 ! 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' 1 ��, - ,*. � � i - � ,�' `. � • � �afti t ' Iv 9 r/i AI Adk Alk Alk Adh Alk dr • yq t 4 , v f: y r ilk T ab i X 4 a .r .�' ham-• � '_ - -�. +[C c i c - _ 1 r� , +.�- . •sue .., � '� f"�'!.- m _ L _; !�.. f o , _ , j le IE- CL i two - - — — J ' e cp 1 ffi r 0� co Q � sP O $ ayh7 1 ti 7+ o S �, � Q i �' i� b � >� '�S'� �� � �Qre� b ° IL �� 6�p p ✓ ` �F� � Q o " a te,, o© 11 bo .:'� "�� !jl � '��� i*a3v ' p �. ` � \ s �_ u cs,- „,.wM3e.. +"!it a: n�a�.•t ; "} �11 `�� -�_`� i -" a _'-�” — _._.-""}!""rte :+ `' � � �.� t �. _ r 2 ` I AM Ak .4 _ ` - � � � : e rr• _ :. •. =,.y„i .- . !� o � �.f+'; s- . 4 r.S* J< __ , - • +n . . _ IM 1 11 l N 0 tN !Y a 1 � o B ad M V-14 mn -O� oo i "` � 4 �j $ °0 a s "����� - � r • - � �* 3 `��*5�,�" r�i t > < ^�r�' s r y � � ,c � c t Y o eL Unfunded Maintenance Prqects w D F '1f !$'o � C� ?T��. �✓d ,•`b � v Odk `U �j p (( � � pg n L _`�� � a *+ _ Future Service Projection Based on continued gradual budget reductions • Inflation of personnel \benefit costs will prompt further staff reductions in all areas • Reducing utility expense (water) could lead to "browning" of park lawns, dry fountains e • Older facilities may deteriorate to the point of safety closure (Sheridan, Sr. Center, Coal Dock, Park buildings, boat launches, playgrounds) • Subsidized recreation programs face gradual elimination (summer park playgrounds, Sr. Center, youth activities- classes) • Lower level of sports field maintenance could curtail league sports programs (softball, basketball) • Asphalt entry roads and parking lots and paved trails become potholed to deterioration Capital Renovations curtailed as city match for grants is not available • Citizenry lose faith in the Park Department, its leadership and the ability of local government to serve their needs. • Parks become neighborhood eyesores as opposed to quality of life enhancement �4 A Bremerton Parks and Recreation Draft Funding Task Force Report September 10, 2013 Task Force Members Chair Cary Bozeman, DeWayne Boyd, Leslie Daugs, Angela Flesher, Jon Flesher, Rev Richmond Johnson, John Larson, Virginia McBride, Teresa McDermott, Kathy Nelson, Kasey O'Leary, Colleen Smidt, Marie Vila, Ken Ward, and Alexandra Welch Task Force Process Summary The TF met monthly between January and July of 2013 The first several meetings contained reports by Parks staff on current responsibilities and historical funding and staffing levels overtime On March 21, 2013 the Task Force sponsored a widely advertised public meeting that attracted approximately 50 residents who commented on their thoughts regarding the current state of parks, parks facilities and programs A summary of the citizen comments from this meeting is attached to this report In April staff presented itemized service reductions that have taken place as a result of budget cuts which began with the onset of the 2008 recession The TF members prioritized restoration of these items through a ranking process Highest ranked service restorations included 1) free summer playground programs, 2) restoration of capital funds used for grant matching, 3) restoration of park and street lawn, tree and shrub care programs, and 4) Funding to replace obsolete or broken play area equipment At the May meeting members began an earnest debate concerning methods /options of increasing park and recreation funding levels After receiving an overview of the city's 5 year general fund revenue and expense projection it became evident that the general fund likely will not have the capacity to shoulder a substantial increase in parks services The TF discussed the potential for a levy, for decreasing services to fit current budget constraints and a multi- pronged approach to raising community volunteer involvement and outside funding presented by TF member John Larson The TF membership did not achieve a consensus for a single solution to the Parks and Recreation Services funding issue However the majority of the group agreed with the following findings Park and Recreation Department staffing has not kept pace with responsibilities Adopted City documents show Parks and Recreation has the same number of full time staff as it did in 1977 Since that time responsibilities have grown to include a number of new parks, streetscapes, plazas and administrative requirements 1 Parks and Recreation Operating Budgets have been reduced from prerecession level of $3 2 million to $2 6 million dollars While a portion of the reduction involves taking the pool off of the operating budget through contract management with the YMCA, inflation since 2008 in the cost of personnel benefits, supplies and utility costs has amplified the budget reduction considerably There is a significant issue with deterioration of Infrastructure at aging facilities owing to a lack of capital investment The city's community center and senior center alone have identified improvement needs in excess of one million dollars The community center needs are identified in a report from Art Anderson and Associates Older parks including but not limited to Warren Avenue, Manette Playfield, Forest Ridge, NAD and Sheridan have deficient play equipment, irrigation systems, restrooms, parking facilities and sports court areas Staff have done a fine fob of aggressively pursuing grant dollars to renovate Kiwanis, Lions, Matan, Stephenson Canyon and Blueberry Parks However the Department currently does not have capital funding to meet the match requirements for state and federal grants Without an influx of capital, facilities will deteriorate to a point where they are not attractive for use and become unsafe in other areas (boat launches, docks, playgrounds, picnic shelters, paved parking and trails In addition deterioration of revenue producing facilities (softball fields, soccer fields, gymnasiums) increases budget shortfalls by hurting department revenue collection potential Community Volunteerism contributes toward a solution, however it will not solve the issue the park funding issue Volunteerism is at a high point for Bremerton with organizations taking on stewardship of Forest Ridge Park, NAD Park, Kiwanis Park, Lions Park portions of Ivy Green Cemetery and Evergreen Rotary Park The SUMS group (seniors uncovering money solutions) continues volunteer staffing and capital support of the Senior Citizen Center However volunteers typically do not carry out the routine scheduled tasks of cleaning restrooms, emptying trash receptacles, mowing large areas, repairing playgrounds, structural repair of buildings including parking lots, HVAC systems, plumbing and roof repair The Park Department also incurs costs by providing trash bags, gloves, paint, small tools and other supplies to volunteers The City should continue to pursue volunteerism opportunities as a portion of the overall solution In addition to the work performed, it also raises awareness of the Parks funding shortfall 2 A compendium of ideas was brought forward as helpful steps to achieve an adequate level of Parks funding The plan brought forward by John Larson who serves both on the Parks Commission and the TF includes 1) Creation of enterprise funds for revenue generating activities 2) Quantification of operating \maintenance expenses for specific parks and facilities 3) Increase volunteerism and begin a Park Foundation 4) Partnerships with outside entities to maintain parks and provide activities 5) Become active in the development of SKIA to develop park services 6) Emphasis the Parks Department's role as a community and neighborhood building block 7) Leverage funding from non - traditional sources like transportation, housing, storm water and public health 8) Strengthen the Department's environmental stewardship role 9) Propose a strategic levy for high profile capital projects like the Sheridan Center and Senior Center There was agreement that many of these steps would be helpful in raising the department's profile, increasing revenue and volunteerism and could enhance the chances of future levy passage Many of the steps are in progress and others require a considerable staff and resource commitments that may not be available at this puncture in time A Voter approved levy will be needed at some point in time to augment current funding for Bremerton Park and Recreation facilities and Services There are concerns with the city's history of not having passed a stand -alone park and recreation levy in its history, this may be related to lower comparative income levels and higher percentage of transient population owing to military facilities Timing with School, EMS and Fire levies must also be considered A reasonable levy not to exceed 30 to 40 cents per thousand in assessed value, timed correctly with the right groundwork including polling and campaign is likely a necessary park funding compontent 3 3 1 Bremerton Parks and Recreation Funding Task Force March 21 2 013 Meeting Public Comment Summary 1) Are we promoting Parks and Recreation enough to allow the service to survive the current tough economic times? 2) The root of the Parks funding problem \issue lies with economic development City needs to build a stronger sales tax base The flowers are no longer on the Boardwalk, this hurts impressions of the City 3) Is there a Parks corporate sponsorship program? 4) Has there been a public call to help? Has the Park Systems plight been publicized? 5) Ask vendors to donate their product in return for recognition (fertilizer example given) 6) Develop salable housing lots in Stephenson Canyon and use proceeds to maintain parks 7) Bremerton's Hotels should be asked to help maintain the Fountains 8) Sponsorship signs could be sold on the Gateway to produce maintenance revenue 9) The Parks Dept should examine the ratio of managers to workers as potential cost savings 10) Place more trash cans at Kiwanis Park, people need a place to put dog poop 11) What is the amount of the Park funding shortfall? How many dollars are needed? 12) Are there gaps in the existing park system? Yes, trails, modern neighborhood parks 13) Adding Lillian Walker Park (0 6 acres) will stretch an already overburdened maintenance staff too thin There are only 11 fulltime people and 3 seasonal to maintain the parks 14) 1 pay a lot of taxes and they are going up all time even though my assessed valuation is declining Are these parks a burden to low and fixed income citizens? 15) The Parks are an investment in the quality of life and the future we leave for our children and generations to come Reducing their quality or numbers is shortsighted It is an established role of government to provide parks and places of natural beauty for the benefit of citizens This service can't be readily provided by the private sector 1 Parks and Recreation Funding Task Force March 21, 2013 Meeting Public Comment Summary (cont ) 16) Bremerton should concentrate on filling the empty retail downtown and on Wheaton Way City tax base to pay for all services will be inadequate until this takes place What genius dreamed up a B and 0 tax that chased business to unincorporated County? 17) We have to place the maintenance of existing parks as the highest priority 18) Has the Task Force looked at the option of forming a Metropolitan Park District? 19) Turn off the lights in the Forest Ridge Park restroom once the park is closed during the evening 20) Convert existing lighting to LED lights to reduce energy expense 21) Bremerton's Parks aren't peaceful, Blueberry Park was better before it was re- developed I used to be able to park my car on the Lions Park waterfront I can't do this anymore and 1 no longer like Lions Park The Manette Senior Center is too expensive for my budget 22) Can the City provide tax credits to people or corporations that donate park land? 23) The Park Department is good at obtaining construction grants, however they don't do very much in the way of program grants Program availability suffers owing to this (Program grants are still applied for we possible, many granting agencies have changed their eligibility requirements ) 24) The Park Department responded to our idea of building accessible playgrounds in Bremerton and because of them we have raised over $300,000 for this cause If your group has energy they will work with you to improve the parks 25) Have other Departments been cut (during current recession) at the same level as Parks and Recreation? The Comprehensive Plan needs to drive the level of park services, the planning process should include recreation and it should be carried out like any other service mandated through planning goals and policies 26) Activate the Parks with a series of ongoing programs to bring attention to the parks, draw more people to visit them and increase their importance to the population 27) On April 6 th there will be a commemoration of the Bataan Death March at Bataan Park (1827 Sylvan Way) The event begins @ 10 30 am i I i I i 2 i i i ______________________________________________________________ CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337 Phone (360) 473-5280 ***A M E N D E D*** SEPTEMBER 25, 2013 CITY COUNCIL STUDY SESSION 5:00 PM in COUNCIL CONFERENCE ROOM 603 The Study Session is open to the public but there will be no opportunities for input or participation; no action is anticipated during the Study Session; and the content of these items is subject to change. If approved by Council, the items will be placed on the October 2, 2013 Council Meeting Agenda: A. INFORMATION ITEMS 1. Briefing on "Visit Kitsap Peninsula" - Patricia Graf-Hoke, Executive Director, Visit Kitsap Peninsula (approx. 10 minutes) 2. Briefing on "Bremerton Parks & Recreation Funding Task Force Report" - Cary Bozeman, Chair of Bremerton Parks & Recreation Funding Task Force Committee (approx. 20 minutes) B. NO PRESENTATION PLANNED - The following items are budgeted items or have been reviewed by the appropriate Council Committee: 3. Resolution to approve the Interlocal Agreement to adopt the Association of Washington Cities (AWC) Health Care Program 4. Resolution to establish November 6, 2013 as a Hearing Date to vacate portions of the alley and 4th Street for the Park Plaza Project 5. Award Contract for the Construction of the Warren Avenue Bridge Water Main Replacement Project 6. Proposed 2nd public hearing (on October 2) to approve Letter of Agreement and Lease for Pendergast Park Soccer Field to West Sound FC Premier Soccer Club C. FULL PRESENTATION ITEMS 7. Ordinance to establish a Fiscal Policy regarding the use of Utility Tax Revenue and Payment in Lieu of property Tax (PILOT) 8. Resolution for Name Change of 7th Street between Warren and Pacific Avenues to Dr. ML King Way 9. Interlocal Agreement with the Kitsap Public Facilities District for funding of the Kitsap Conference Center Expansion Project D. GENERAL COUNCIL BUSINESS Public Works Committee Briefing (9/10/13 Meeting) – Adam Brockus, Chair Public Safety & Parks Committee Briefing (9/17/13 Meeting) – Leslie Daugs, Chair Finance & Investment Committee Briefing (9/24/13 Meeting) – Eric Younger, Chair Other General Council Business (As necessary…) E. ADJOURNMENT OF STUDY SESSION Americans with Disabilities Act accommodations provided upon request. Those requiring special accommodations should contact the City Clerk’s Office at (360) 473-5323 by noon on the Monday preceding the Council meeting. AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Resolution No. _____ to approve the Interlocal Agreement adopting the AWC Health Care Program Study Session Date: September 25, 2013 COUNCIL MEETING Date: October 2, 2013 Department: Finance – Human Resources Presenter: Charlotte Belmore Phone: 473-5722 SUMMARY: Effective January 1, 2014, the AWC Trust medical, dental (WDS) and vision programs utilized by the City will transition from fully-insured to self-insured. To continue medical, dental (WDS) and vision benefits with the Trust, employers are required to pass a resolution approving an Interlocal Agreement authorizing participation in the self -insured programs. ATTACHMENTS: Association of Washington Cities Employee Benefit Trust Health Care Program Interlocal agreement and Resolution. FISCAL IMPACTS (Include Budgeted Amount): Sufficient funds are being included in the 2014 budget to cover the cost of Group Health, Washington Dental Service and VSP Vision Coverage. STUDY SESSION AGENDA: ☒ No Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to adopt Resolution No. approving the Interlocal agreement adopting the AWC Health Care Program and authorize the Mayor to finalize and execute the attached Interlocal Agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/02/12 1 AWC – Health Care Program RESOLUTION NO. ________ A RESOLUTION of the City Council of the City of Bremerton, Washington, adopting the Association of Washington Cities Health Care Program. WHEREAS, the Association of Washington Cities Employee Benefit Trust (the “Trust”) is an entity to which contributions by cities and towns and non-city entities organized and existing under the Constitution or laws of the State of Washington and who are members of the Trust (“Participating Cities and Towns,” and “Participating Non-City Entities”) and their employees can be paid and through which the Board of Trustees of the Trust (“Trustees”) provides one or more insured health and welfare benefit plans or programs to Participating Cities and Towns’ and Non-City Entities’ employees, their dependents and other beneficiaries (“Beneficiaries”), on whose behalf the contributions were paid; and WHEREAS, the Trust qualifies as a voluntary employee beneficiary association within the meaning of Section 501(c)(9) of the Internal Revenue Code, providing for the payment of life, sick, accident or other benefits to Beneficiaries; and WHEREAS, the Trust and Participating Cities and Towns and Non-City Entities have determined that it is in the best interest of Participating Cities and Towns and Non-City Entities to jointly self-insure certain health benefit plans and programs for Beneficiaries through a designated account within the Trust, while at the same time having the Trust continue as the entity to which other insured health and welfare benefit program contributions are paid and through which insured health and welfare benefit plans and programs are provided to Beneficiaries; and WHEREAS, it appears economically feasible and practical for the parties to do so; and WHEREAS, Chapter 48.62 RCW provides that two or more local government entities may, by Interlocal agreement under chapter 39.34 RCW, jointly self-insure health benefit plans and programs, and/or jointly hire risk management services for such plans or programs by any one or more of certain specified methods; and WHEREAS, the Association of Washington Cities Employee Benefit Trust Interlocal Agreement (the “Interlocal Agreement”) attached hereto creates a joint self-insured health and welfare benefit program (the “Health Care Program”) to be administered by the Trustees for the purposes of providing self-insured health benefits to Beneficiaries; and WHEREAS, WAC 200-110-030 requires every local government entity participating in a joint self-insurance health and welfare benefit program to adopt such program by resolution; and 2 AWC – Health Care Program WHEREAS, Chapter 48.62 requires Health Care Program assets to be managed consistent with existing authority over use of municipal funds in RCW 35.39.030. The Trust will manage Health Care Program reserves in compliance with Chapter 48.62 RCW; RCW 35.39.030, and the Health Care Program Investment Policy; and WHEREAS, all premium contributions for use in the Health Care Program are deposited into a designated account within the Trust, the Health Care Program Account (the “HCP Account”), and the HCP Account represents a pool of funds that is independent of all other Trust or AWC funds; and WHERAS, the Trust intends to manage the HCP Account assets in compliance with federal and state laws and the Interlocal Agreement; and WHEREAS, the City of Bremerton believes it is in the best interest of the Health Care Program to allow the Trust to manage the HCP Account; NOW THEREFORE THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the Interlocal Agreement creating the Health Care Program is hereby adopted. SECTION 2. That by adopting such Agreement, the City of Bremerton acknowledges that it shall be subject to assessments as required by the Health Care Program. SECTION 3. Severability. If any one or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. SECTION 4. Effective Date. This Resolution shall take effect and be in force immediately upon its passage. PASSED by the City Council of the City of Bremerton, Washington this _____ day of __________________, 2013. _________________________________ GREG WHEELER, Council President APPROVED AS TO FORM: ATTEST: __________________________________ ________________________________ ROGER A. LUBOVICH, City Attorney SHANNON L. CORIN, City Clerk R:\Legal\Legal\Resolutions\HR\AWC Health Care Program.docx AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Resolution No. ________ to Establish November 6, 2013 as a Hearing Date to vacate portions of the alley and 4th Street for the Park Plaza Project. Study Session Date: September 25, 2013 COUNCIL MEETING Date: October 2, 2013 Department: Public Works & Utilities Presenter: Chal Martin Phone: 360.473.5920 SUMMARY: The City of Bremerton initiated the partial vacation in both the alley and 4th Street to facilitate the Park Plaza Project development, which consists of a movie theatre, parking garage and apartment pad. The alley vacation is for the south four feet adjacent to the City property bounded by Park and Pacific Avenues, and Burwell and 4th Streets. The 4th Street vacation is for the south 12 feet adjacent to the City property starting at Park Avenue. Included with these vacations is the dedication of Park Avenue between Burwell and 4th Streets. ATTACHMENTS: 1. Resolution No.______; 2. Engineering Staff Report; 3. Exhibit Drawing FISCAL IMPACTS (Include Budgeted Amount): None. STUDY SESSION AGENDA: ☒ No Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to pass Resolution No._______ to establish November 6, 2013 as a Hearing Date to vacate right of way for the Park Plaza Project and dedicate Park Avenue between Burwell and 4th Streets. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/25/13 Vacation of Right of Way for Park Plaza Project – Resolution RESOLUTION NO. __________ A RESOLUTION of the City Council of the City of Bremerton, Washington, establishing a hearing date for the proposed vacation of right of way for the Park Plaza Project, and dedication of Park Avenue in downtown Bremerton. WHEREAS, the City initiated the vacation in accordance with Bremerton Municipal Code (BMC) 11.20.080 as part of the redevelopment of the existing City parking lot and property remnants from the SR 304 Pedestrian Improvements Project known as the Park Plaza Project; and WHEREAS, that portion of Park Avenue between Burwell and 4th Street was never properly dedicated as right of way with the transfer of the property to the City in 1967; NOW THEREFORE THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. A public hearing will be held on August 4, 2010, at 5:30 p.m. or later in the City Council Chambers at the Norm Dicks Government Center, First Floor, 345 Sixth Street, Bremerton, Washington, to take public comment or consider written objections to the vacation and dedication. SECTION 2. Severability. If any one or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. SECTION 3. Effective Date. This Resolution shall take effect and be in force immediately upon its passage. PASSED by the City Council of the City of Bremerton, Washington this ________ day of ________________, 2013. GREG WHEELER, Council President APPROVED AS TO FORM: ATTEST: ROGER A. LUBOVICH, City Attorney SHANNON CORIN, City Clerk September 2013 ROW Corrections with Park Plaza Development Page 1 of 5 STREET VACATION AND DEDICATION REQUEST PARK PLAZA DEVELOPMENT ENGINEERING STAFF REPORT CITY COUNCIL HEARING DATE: October 2, 2013 PREPARED BY: Gunnar Fridriksson SUMMARY A. Applicant: City of Bremerton 345 6th Street, Suite 600 Bremerton, WA 98337 Location: 1. The South 4 feet of the 14 foot alley, lying in Block 14 of the Plat of the Town of Bremerton, from 96 feet to 450 feet from the east margin of Park Avenue. Bounded by Burwell/4th Streets and Park/Pacific Avenues. 2. The South 12 feet of 4th Street, lying adjacent to Block 14 of the Plat of the Town of Bremerton, from 20 feet east of the intersection to Park Avenue to the east line of Lot 48 of said Plat. 3. Park Avenue from Burwell Street to 4th Street. (Dedication) BACKGROUND The City of Bremerton initiated the Park Plaza project which is a redevelopment of the existing City parking lot and property remnants from the SR 304 Pedestrian Improvements Project (Bremerton Tunnel). The westerly 120 feet of the alley, Park Avenue between Burwell and 4th, and the easterly 120 feet of the alley in Block 19 were all vacated by the City in 1918 and 1923 for the United States Navy to construct the Craven Center. The Navy conveyed the majority of this property, including the vacated alleys and Park Avenue, back to the City in 1967 with the demolition of the Center. The City rebuilt Park Avenue through from Burwell to 4th and constructed a surface parking lot on the remainder of the properties on both sides of the new street. Neither Park Avenue or the existing access to the alley from 4th Street were ever properly dedicated as right of way after this conveyance. With the construction of the project, portions of the structure project into the right of way for 4th Street and the alley. These portions of the right of way need to be vacated so that the improvements are on private property, along with properly dedicating Park Avenue between Burwell and 4th Street as right of way. September 2013 ROW Corrections with Park Plaza Development Page 2 of 5 RIGHT-OF-WAY CONDITIONS EXISTING ROADWAY NEW ROADWAY Functional Classification Alley/Street Alley/Street R-O-W Width 14 feet/60 feet 10 feet/48 feet R-O-W Areas XXXX sq. ft. N/A Pavement Width 14 feet/38 feet N/A Surface Type Concrete Asphalt/Concrete Curb and Gutter Yes Yes Sidewalks Yes Yes HEARING CONSIDERATIONS BMC 11.20.120 sets forth issues that the City Council needs to determine at the conclusion of the Vacation Hearing. These issues and the staff position are: 1. Whether the street, alley or portion thereof is no longer required for public use and vacation of the described portion will better serve the public good. Staff Position: Vacation of both the alley and 4th Street allowed development of the site for the Park Plaza project which is in the best interest of the City. 2. Whether the vacation is consistent with the City Comprehensive Plan. Staff Position: The proposed vacation does not conflict with the Comprehensive Plan. 3. Whether continued use of the proposed vacation as a public way is not of such public benefit as to justify the costs of maintenance. Staff Position: Vacating this portion of right of way will reduce the City’s maintenance responsibility in these areas. 4. Whether substitution of a new and different thoroughfare would be more useful to the public. Staff Position: No other thoroughfare would improve circulation in this area. The existing alley is a dead-end and 4th Street will continue to support two-way traffic. 5. Whether conditions may so change in the future as to provide a greater public use or need than presently exists. Staff Position: There is no anticipated future public transportation needs. The alley, Park Avenue and 4th Street are all classified as local streets. September 2013 ROW Corrections with Park Plaza Development Page 3 of 5 6. Whether objections to the proposed vacation are made by owners of private property abutting the same. Staff Position: The City of Bremerton is the sole adjacent property owner. SHORELINE ACCESS This portion of right-of-way does not provide shoreline access. UTILITIES All private utility companies have been contacted . No private or public utilities currently exist in the areas to be vacated, so that there are no easement reservations. SUFFICIENCY OF SIGNATURES Not Applicable - The City initiated the vacation. COMPENSATION Not Applicable - The City initiated the vacation. STAFF RECOMMENDATION City Attorney, Police, Fire, Engineering and Community Development staff notes no objections to the proposal. Staff recommends that this Street Vacation be approved as requested. September 2013 ROW Corrections with Park Plaza Development Page 4 of 5 Looking westerly from east half of proposed alley vacation. Note protrusion of parking garage, apartment slab, and movie theatre into alley. Close up of 10 foot alley at approximately mid-point. September 2013 ROW Corrections with Park Plaza Development Page 5 of 5 Looking easterly through Park/4th intersection. Note future coffee kiosk, movie theater ticket box office and staircase in ROW. Looking southerly at Park Avenue Improvements from 4th/Park Intersection. Centerline monument for Park Avenue is towards bottom of picture. AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Award Contract to IMCO General Construction, Inc. for the Warren Avenue Bridge Water Main Replacement Project Study Session Date: September 25, 2013 COUNCIL MEETING Date: October 2, 2013 Department: PW&U Engineering Presenter: Tom Knuckey Phone: 473-2376 SUMMARY: The Warren Avenue bridge water main is in poor condition with missing structural connections and continuously leaking joints and at the end of its useful life. Concerns regarding failure of the main make this project a priority. Sealed bids for construction of the project titled "Warren Avenue Bridge Water Main Replacement" were opened on September 23, 2013. The engineer's estimate for the project including sales tax is $1,500,000. Five (5) bids were received for this project. IMCO General Construction, Inc. was the lowest responsive, responsible bidder with a bid of $1,455,240.00 (including sales tax). ATTACHMENTS: 1. Council Summary; 2. Bid Tabulation; 3. Agreement FISCAL IMPACTS (Include Budgeted Amount): This contract is fully funded and is included in the 2013 W ater fund Budget. Cost for construction was estimated to be $1,500,000 including sales tax. Estimated expenditure for 2013 is $750,000 and remaining costs will be incurred in 2014. STUDY SESSION AGENDA: ☒ No Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the bid for Warren Avenue Bridge Water Main Replacement Project from IMCO General Construction, Inc. in the amount of $1,455,240.00 (which includes sales tax) and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented upon receiving all necessary environmental permits. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/25/13 Warren Avenue Bridge Water Main Replacement Project Page 1 of 1 Council Summary COUNCIL SUMMARY Warren Avenue Bridge Water Main Replacement Project Background The Warren Avenue Bridge water main is approximately 60 years old and is at the end of its useful life. A water system earthquake vulnerability assessment, completed in 1997, identified the bridge water main crossings as highly probable points of failure in the City’s water system during a large seismic event. The Warren Avenue bridge water main (identified as a moderate-high risk in the assessment) is in poor condition with missing structural connections and continuously leaking joints. Concerns regarding failure of the main make this project a priority. Contract Summary Sealed bids for demolition and replacement of the 20-inch steel water main of Warren Avenue Bridge were opened on September 23, 2013. This work is anticipated to start in early November and will likely be completed in March. Five (5) bids were received for this project. IMCO General Construction, Inc. was the lowest responsive, responsible bidder with a bid of $1,455,240.00 (including sales tax). Fiscal Summary This contract is fully funded and is included in the 2013 Water Fund budget. Cost for construction of this contract was estimated to be $1,500,000. Estimated expenditure for 2013 is $750,000 and remaining costs will be incurred in 2014. AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Public Hearings to approve the Letter of Agreement and Lease for Pendergast Park Soccer Field with West Sound FC Premier Soccer Club Study Session Date: 8/28/13 & 9/25/13 COUNCIL MEETING Date: 9/18/13 & 10/2/13 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 ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☒ 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 BREMERTON ______________________________________ By: Patty Lent Its: Mayor Date:_________________________________ WESTSOUND FC PREMIER SOCCER CLUB _____________________________________ By:__________________________________ Its:__________________________________ Date:________________________________ APPROVED AS TO FORM: __________________________ Roger A. Lubovich, City Attorney R:\Legal\Legal\Files\Current Active Files\Pendergast Park\WestSound FC Premier Soccer Club Lease\Letter of Agreement - WestSound FC Premier Soccer Lease.docx EEXXHHIIBBIITT AA 11 PPeennddeerrggaasstt SSoocccceerr FFiieelldd LLeeaassee 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. 1.1 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”). 1.2 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. 2.1 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: 1) 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. EEXXHHIIBBIITT AA 22 PPeennddeerrggaasstt SSoocccceerr FFiieelldd LLeeaassee 2.2 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. 2.3 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. 2.4 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. 2.5 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. 33..22 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. 3.3 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. 3.5 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. EEXXHHIIBBIITT AA 33 PPeennddeerrggaasstt SSoocccceerr FFiieelldd LLeeaassee 4. CONSIDERATION. 4.1 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, aattttaacchheedd hheerreettoo aanndd iinnccoorrppoorraatteedd bbyy tthhiiss rreeffeerreennccee hheerreeiinn (“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. LLeesssseeee sshhaallll aallssoo ppaayy LLeeaasseehhoolldd EExxcciissee TTaaxx sseett ffoorrtthh iinn SSeeccttiioonn 44..22 bbeellooww.. The lease payment shall be adjusted by the Consumer Price Index (CPI) as set forth in Section 4.3 below. 4.2 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. 4.3 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 1st 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. 4.4 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. 4.5 Payment Place. Payment is to be made to the City of Bremerton, Attn: Department of Financial Services, 345 6th Street, Suite 600, Bremerton, Washington 98337. 5. UTILITIES MAINTENANCE AND TAXES. During the Term, Lessee shall pay the following additional expenses: 55..11 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. EEXXHHIIBBIITT AA 44 PPeennddeerrggaasstt SSoocccceerr FFiieelldd LLeeaassee 5.3 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. 5.5 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. 6.1 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. 6.2 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. 6.3 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. 7.1 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. 7.2 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. EEXXHHIIBBIITT AA 55 PPeennddeerrggaasstt SSoocccceerr FFiieelldd LLeeaassee 7.3 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. 7.4 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. 7.5 Construction. Lessee is responsible for permitting, design, construction and maintenance of improvements. Prior to Lessee commencing any construction, alteration, replacement, removal or major 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 major 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. 7.6 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 EEXXHHIIBBIITT AA 66 PPeennddeerrggaasstt SSoocccceerr FFiieelldd LLeeaassee 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. 8.2 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. 9.1 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. 9.2 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. 9.3 Renting of Property. 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. 10.2 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 EEXXHHIIBBIITT AA 77 PPeennddeerrggaasstt SSoocccceerr FFiieelldd LLeeaassee 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. 11.2 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. 11.3 Certificate of Insurance. Lessee shall provide to the City documentary evidence, certified by the insurer, of all insurance(s) required in this Lease. 11.4 Subrogation. 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 building, 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. 12.2 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. EEXXHHIIBBIITT AA 88 PPeennddeerrggaasstt SSoocccceerr FFiieelldd LLeeaassee 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. 13.2 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. 13.2 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. 14.2 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 14.3 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. EEXXHHIIBBIITT AA 99 PPeennddeerrggaasstt SSoocccceerr FFiieelldd LLeeaassee 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 LLeesssseeee:: 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. 17.2 Successors and Assigns. This Lease shall be binding upon and inure to the benefit of the parties, their successors and assigns. 17.3 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. 17.4 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. 17.5 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. EEXXHHIIBBIITT AA 1100 PPeennddeerrggaasstt SSoocccceerr FFiieelldd LLeeaassee 17.6 Time is of the Essence. TIME IS OF THE ESSENCE as to each and every provision of this Lease. 17.7 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. 17.8 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. 17.9 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. 1177..1100 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 ______________________________________ By: Patty Lent Its: Mayor Date:_________________________________ WESTSOUND FC PREMIER SOCCER CLUB _____________________________________ By:__________________________________ Its:__________________________________ Date:________________________________ EEXXHHIIBBIITT AA 1111 PPeennddeerrggaasstt SSoocccceerr FFiieelldd LLeeaassee 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.doc APPROXIMATE LEASE AREA PENDERGAST REGIONAL PARK WEST SOUND FC LEASE LIGHTED PARKING AREA EXHIBIT C PENDERGAST REGIONAL PARK OUTDOOR SOCCER FIELDS (7 & 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 7.50% 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 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Ordinance No. ______ establishing a fiscal policy regarding the use of utility tax revenue and payment in lieu of property tax (PILOT) revenue assessed against City utilities. Study Session Date: September 25, 2013 COUNCIL MEETING Date: October 2, 2013 Department: Finance Presenter: Becky Hasart Phone: Ext. 5722 SUMMARY: The City currently assesses both a utility tax (9.5% for water and 14% for wastewater and Stormwater) and a PILOT tax (6% for all three utilities) against its own utilities. These taxes are a revenue stream to the general fund. The attached ordinance would establish a fiscal policy that would cap the general fund revenue from this stream to the amount of 2013 actual receipts and redirect any future year increases in this revenue stream to the street fund. ATTACHMENTS: Ordinance No. _____ establishing a fiscal policy regarding the use of utility tax revenue and payment in lieu of property tax revenue assessed against City utilities. FISCAL IMPACTS (Include Budgeted Amount): Based on projected 2013 receipts and proposed 2014 budgeted utility revenue, the General Fund’s tax receipt is estimated at $4,107,579 and the incremental increase to the street fund is estimated at $196,599. STUDY SESSION AGENDA: ☐ No Presentation ☒ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve Ordinance No. ____ of the City Council of the City of Bremerton, Washington, establishing a fiscal policy regarding the use of utility tax revenue and payment in lieu of property tax (PILOT) revenue assessed against City of Bremerton owned water, wastewater, and Stormwater utility revenues. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/02/12 ORDINANCE NO. _________ AN ORDINANCE of the City Council of the City of Bremerton, Washington, establishing a fiscal policy regarding the use of utility tax revenue and payment in lieu of property tax (PILOT) revenue assessed against City of Bremerton owned water, wastewater, and Stormwater utility revenues. WHEREAS the current provisions of Section 3.50.050 of the Bremerton Municipal Code establishes a utility tax of nine and one half (9.5) percent to be assessed against the total gross income of every person engaging in the business of providing water utility service conducted within the City, and WHEREAS the current provisions of Section 3.50.050 of the Bremerton Municipal Code establishes a utility tax of fourteen (14) percent to be assessed against the total gross income of every person engaging in the business of providing wastewater and Stormwater utility service conducted within the City, and WHEREAS the current provisions of Section 3.50.050 of the Bremerton Municipal Code establishes a payment in lieu of tax (PILOT) fee of six (6) percent to be assessed against the total gross income of every person engaging in the business of providing water, wastewater, and Stormwater utility conducted within the City, and WHEREAS tax receipts from these assessments may be used for general fund purposes and street fund purposes, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: For fiscal year 2013, utility tax receipts and PILOT tax receipts from City owned water, wastewater, and Stormwater utility services shall be General Fund revenue. SECTION 2: For fiscal years after 2013, utility tax receipts and PILOT tax receipts from City owned water, wastewater, and Stormwater utility services to the General Fund shall be the same dollar amount as received in fiscal year 2013. Any tax revenue from the utility tax and PILOT tax receipts in excess of the 2013 General Fund amounts shall be deposited in the City Street Fund. SECTION 3: Severability. If any one or more sections or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions 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 this 2nd day of October, 2013. ______________________________ GREG WHEELER, Council President Approved this _______ day of October, 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 ________________, 2013 ORDINANCE NO. _____________ AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Resolution No. ____ for Name Change of 7th Street Between Warren and Pacific Avenues to Dr. ML King Way. Study Session Date: September 25, 2013 COUNCIL MEETING Date: October 2, 2013 Department: PW&U Engineering Presenter: Tom Knuckey Phone: 473-2376 SUMMARY: The City was petitioned with the request to change the name of 7th Street between Warren and Pacific Avenues to honor the Reverend Doctor Martin Luther King. Staff coordinated with CENCOM and the petitioners, and the proposed street name Dr. ML King Way was selected as meeting the street naming criteria outlined in Bremerton Municipal Code 11.16 and meeting the goals and objectives of the petitioners. Residents and property owners directly affected by the proposed name change were notified in accordance with the Bremerton Municipal Code, and a public meeting was held on September 3rd at the Government Center to discuss the proposed name change. As of September 11, 2013 the City has received letters, e-mails, comment forms and petitions from 106 individuals supporting the name change; and letters, e-mails, comment forms and telephone calls from 8 individuals objecting to the name change. ATTACHMENTS: 1. Council Summary; 2. Resolution No. ____; 3. Exhibit; 4. Summary of Comments. FISCAL IMPACTS (Include Budgeted Amount): The cost to implement the name change is approximately $2,000 which will be paid from the Street Budget. STUDY SESSION AGENDA: ☐ No Presentation ☒ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to pass Resolution No. ____ changing the name of 7th Street between Warren and Pacific Avenues to Dr. ML King Way. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/02/12 Name Change for Sumac Street Council Summary COUNCIL SUMMARY Name Change for 7th Street between Warren and Pacific Avenues to Dr. ML King Way Summary The City was approached by a group of citizens requesting 7th Street between Warren and Pacific Avenues be renamed in honor of the Reverend Doctor Martin Luther King. The group specifically requested this street be renamed due to the location adjacent to the Opal Robinson Youth and Teen Center, the new Marvin Williams Activity Center, and also the 100-year old Ebenezer AME Church and the African American Museum which are both one block away. Letters were sent to all property owners and residents that will be affected by the name change, and a public meeting was held on September 3, 2013. There was overwhelming support for the name change at the public meeting, with only two people in attendance voicing objection. As of Sept 11, 2013 we have received letters, comment forms, e-mails, and petitions from 106 individuals supporting the name change; versus letters, comments forms and telephone calls from 8 individuals objecting to the name change. A single e-mail was also received which conditioned support on whether the residents of 7 th Street are in favor of the name change. Fiscal Summary Staff time for this item has generally been limited to management staff and was billed against general administration. There are six street signs that will require replacement at approximately $250/each for a total of $1,500. The installed cost is expected to be approximately $2,000. 1 RESOLUTION NO. ________ A RESOLUTION of the City Council of the City of Bremerton, Washington, changing the name of 7th Street Between Warren Avenue and Pacific Avenue to Dr. ML King Way. WHEREAS, a group of Citizens have petitioned the City to change the name of a street in the downtown area to honor the Reverend Dr. Martin Luther King, and WHEREAS, a meeting was held on August 6, 2013 with the Citizens where the group identified 7th Street Between Warren Avenue and Pacific Avenue as the requested street to be renamed, and WHEREAS, staff coordinated with CENCOM on the street naming and concluded that Dr. ML King Way was an approved name, and WHEREAS, formal letters were sent out to all owners and residents on 7th Street between Warren Avenue and Pacific Avenue that would be affected by the name change, and WHEREAS, a public meeting was held in the City Council Chambers on September 3, 2013 where overwhelming support was given to the proposed name change, and WHEREAS, as of September 11, 2013 the City has received letters, comment forms and petitions from 106 individuals supporting the name change; versus letters comment forms and telephone calls from 8 individuals opposed to the name change, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Name Change. The name of the city street 7th Street from Warren Avenue to Pacific Avenue is hereby changed to Dr. ML King Way. SECTION 2. Severability. If any one or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. SECTION 3. Effective Date. This Resolution shall take effect and be in force immediately upon its passage. PASSED by the City Council of the City of Bremerton, Washington this _____ day of __________________, 2013. _________________________________ Council President 2 APPROVED AS TO FORM: ATTEST: __________________________________ ________________________________ ROGER A. LUBOVICH, City Attorney SHANNON CORIN, City Clerk Summary of Comments Received Support Oppose Other (See Notes) Letters 48 1 E-mails 7 2 1 Comment forms 1 4 Signatures on petitions 50 1 Total 106 8 1 Notes: 1 - In favor if 7th St residents proposed & support the change; opposed if not. Phone Calls AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Interlocal Agreement for funding of the Kitsap Conference Center Expansion Project Study Session Date: September 25, 2013 COUNCIL MEETING Date: October 2, 2013 Department: PW&U Presenter: Martin Phone: X 5758 SUMMARY: In June of this year, the Kitsap Public Facilities District Board awarded $400,000 to the City for the Conference Center Expansion Project. This interlocal agreement outlines the actions and responsibilities of both the City and the Public Facilities District related to this funding. ATTACHMENTS: Proposed Interlocal Agreement FISCAL IMPACTS (Include Budgeted Amount): A fund for this project has been established. Revenue includes $400,000 from the Public Facilities District; $500,000 from the City, and $200,000 from Kitsap Transit. STUDY SESSION AGENDA: ☐ No Discussion ☒ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the Interlocal Agreement with the Kitsap Public Facilities District and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/02/12 Signed (insert Date) DRAFT _ FOR REVIEW INTERLOCAL AGREEMENT REGARDING FUNDING FOR EXPANSION OF THE KITSAP REGIONAL CONFERENCE CENTER RELATED DOCUMENTS: - INTERLOCAL AGREEMENT REGARDING FUNDING, DEVELOPMENT AND OPERATION OF THE KITSAP REGIONAL CONFERENCE CENTER. (MARCH 25, 2002) - FIRST AMENDED & RESTATED INTERLOCAL AGREEMENT REGARDING FUNDING, DEVELOPMENT AND OPERATION OF THE KITSAP REGIONAL CONFERENCE CENTER. (JULY 28, 2003) This Interlocal Agreement (“Agreement”) is entered into as of October XX, 2013, between the City of Bremerton (“the City”), a first class charter city, duly organized and operating pursuant to the Constitution and laws of the State of Washington; and the Kitsap Public Facilities District (“the KPFD”), a municipal corporation organized and operating under the laws of the State of Washington, as established by Kitsap County, pursuant to Chapter 36.100 RCW. R E C I T A L S WHEREAS, the County Commissioners established the PFD pursuant to Chapter 36.100 RCW (“the Chapter”) to perform any function or combination of functions authorized by that chapter; and WHEREAS, the KPFD is authorized by RCW 36.100.030 to acquire, construct, own, remodel, maintain, equip, re-equip, repair, and operate “regional centers,” as defined in RCW 35.57.020; and WHEREAS, RCW 82.14.390 authorized the KPFD to impose a 0.033% sales and use tax (the “Sales Tax”), which operates to shift a share of the State’s sales and use tax revenues to public facilities districts at no additional cost to taxpayers; and WHEREAS, the KPFD has imposed the Sales Tax authorized by RCW 82.14.390; and WHEREAS, the Sales Tax may be applied to acquire, remodel, finance, and operate a regional special events center as defined in RCW 35.57.020; and WHEREAS, the KPFD and the City in 2002 decided to cooperate in establishing a “regional center” as defined in RCW 35.57.020; and WHEREAS, the KPFD and the City implemented their decision to establish this regional center by entering into that certain Interlocal Agreement Regarding Funding, Development, and Operation of the Kitsap Regional Conference Center, dated March 25, 2002 (“the Original ILA”) which was amended and restated on July 28, 2003 (“the First Amended & Restated ILA”) ; and - 2 - WHEREAS, the KPFD’s funding of the improvements as set forth in the Original ILA and the First Amended & Restated ILA were part of a larger project as defined as the Project in the Original ILA and the First Amended & Restated ILA, and WHEREAS, the City completed the improvements to the Kitsap Regional Conference Center called for in the Original ILA and the First Amended & Restated ILA and has operated those improvements consistent with the objectives of the Original ILA and the First Amended & Restated ILA; and WHEREAS, the City proposes to expand the Kitsap Regional Conference Center from its current 10,000 SF size by utilizing an additional 7,000 SF, primarily on the third floor of the existing conference center building at an estimated cost of $1,100,000 (“the Additional Improvements”); and WHEREAS, the KPFD has collected more Sales Tax than had been originally projected when the Sales Tax was imposed as authorized by RCW 82.14.390; and WHEREAS, the KPFD is willing to provide additional funding for the construction of some portion of the Additional Improvements to Regional Conference Center; and WHEREAS, the Additional Improvements to the Kitsap Regional Conference Center are within the scope of the parties’ Original ILA and the First Amended & Restated ILA and consistent with the purposes of the Chapter; NOW, THEREFORE, in consideration of the mutual covenants hereinafter contained, the parties agree as follows: A G R E E M E N T 1. Purpose of Agreement. The KPFD and the City are entering into this Agreement pursuant to RCW 36.100.030 and RCW 39.34.030. The purpose of this Agreement is to set forth the rights and responsibilities of each of the parties with regard to the funding, development, and operation of the Additional Improvements to the Kitsap Regional Conference Center. This Agreement supplements, but does not replace, that certain Interlocal Agreement Regarding Funding, Development, and Operation of the Kitsap Regional Conference Center, dated March 25, 2002 (“the Original ILA”) which was amended and restated on July 28, 2003 (“the First Amended & Restated ILA”); provided, however, that in the event a specific provision of this Agreement conflicts with the Original ILA or the First Amended & Restated ILA, the terms of this Agreement shall control. 2. Additional Improvements. The KPFD and the City have agreed that the Additional Improvements are important to the development and the continued vitality and use of the Kitsap Regional Conference Center. KPFD and the County agree that the City shall be responsible for the development, design, calling for bids, and construction of Additional Improvements to the Kitsap Regional Conference Center. The KPFD shall provide partial funding of the Additional Improvements, as set forth - 3 - herein. 3. Funding. The KPFD and the City are prepared to fund Additional Improvements with a current estimated cost of approximately $1,100,000 (One-Million and One Hundred Thousand Dollars). Of this cost, the KPFD agrees to make one payment of $400,000 (Four Hundred Thousand Dollars) to the City. The payment shall be made within 30 (Thirty) days of the City entering into a construction contract and obtaining permits required to begin construction. In the event the cost of the Additional Improvements exceeds the City’s current estimate of the cost, the City may elect to either fund the additional expense the Additional Improvements, or elect not to fund and construct any or all of the Additional Improvements. In the event the City elects not to fund and construct any or all of the Additional Improvements and such reduction exceeds ten percent of the the City’s current estimate of the cost, the KPFD’s obligation to fund the Additional Improvements shall be reduced pro rata based upon the original estimated cost of constructing the Additional Improvements. The KPFD may then allocate such uncommitted funds to any of its other obligations, projects, or expenses that it, in its sole discretion, decides to fund. 4. Lead Agency Responsibilities. The City, on behalf of the KPFD and itself, will (i) be the agency with the primary responsibility for the development of the Additional Improvements to the Kitsap Regional Conference Center; (ii) fund (in conjunction with the KPFD), acquire, design, construct, own (subject to the rights of the landlord in the lease with the City for the improved premises), operate, and maintain the Additional Improvements to the Kitsap Regional Conference Center; and (iii) otherwise administer the development, operation, and maintenance of the Kitsap Regional Conference Center for the benefit of itself, the KPFD, and the residents of the County. 5. Reporting Requirements. The City shall keep the KPFD informed as to the status of the design, bidding, construction, funding, and completion of each major component of the Additional Improvements. The KPFD shall also be notified when the City has awarded any bid for the construction of one or all of the Additional Improvements; and, further, shall provide to the KPFD a copy of each contract entered into by the City with regard to each major component of the Additional Improvements. Once construction of each major component of the Additional Improvements is under way, the City shall provide the KPFD with a monthly status report in a mutually acceptable form regarding each major component of the Additional Improvements. At a minimum, the monthly status report form shall include information regarding current cost projections and costs incurred per budget line item. This monthly status report shall be due by the 15th of each month and shall reflect costs incurred in the previous month. 6. Administrator. This Agreement does not establish or create a separate legal entity or a joint board. The City shall be the administrator (within the meaning of RCW 39.34.030(4)) of this cooperative undertaking for the provision and operation of the Additional Improvements to the Kitsap Regional Conference Center including any of the following: acquiring, designing, constructing, - 4 - owning (subject to the rights of the landlord in the lease with the City for the improved premises), remodeling, maintaining, equipping, re-equipping, repairing, financing, managing, scheduling, and operating the Additional Improvements as provided for in this Agreement. 7. Non-Discrimination. The City shall administer the provision and operation of the Kitsap Regional Conference Center, including the Additional Improvements, in such a manner as to provide residents of the County with access to the Kitsap Regional Conference Center without regard to their place of residence. The County shall not discriminate with respect to fees charged, conditions for use, attendance, or other access to the Kitsap Regional Conference Center on the basis of such residency. 8. Insurance. The City agrees to acquire and maintain insurance on the Kitsap Regional Conference Center, including the Additional Improvements, against risks, accidents, or casualties, at least to the extent that insurance is usually carried by public entities operating like properties and at least to the extent that such policies are available at reasonable cost, to protect the Kitsap Regional Conference Center against loss. In the event of any loss or damage, the City will promptly apply the proceeds of any insurance policy to the extent necessary to repair or replace (or cause the repair or replacement of) the damaged portion of the insured property to the extent economically viable. Insurance described in this Paragraph shall be in the form of policies or contracts for insurance with insurers of good standing and shall be payable to the City, or in the form of self- insurance by the City. The City shall establish such funds or reserves that it deems are necessary to provide for its share of any such self-insurance. 9. Environmental Law Compliance. The City shall be responsible for complying with all environmental laws applicable to construction of the Additional Improvements at the Kitsap Regional Conference Center. This includes, but is not limited to, City regulations, the State Environmental Policy Act ("SEPA"), CERCLA (42 U.S.C. § 9603), MTCA (RCW 70.105(D)), and the Clean Water Act (33 U.S.C. § 1321). To the extent required by WAC 197-11-944, the County shall be the nominal lead agency, whereby the City shall be responsible for complying with the duties of the lead agency under all applicable SEPA rules. 10. Maintenance, Operation, and Legal Compliance. The City shall manage, operate, and maintain the Kitsap Regional Conference Center including the Additional Improvements, at all times in a safe and clean manner. The City shall provide (either directly or by contract) all management, supervision, personnel, materials, equipment, services, and supplies necessary to operate, maintain, and repair the Additional Improvements to the Kitsap Regional Conference Center (subject to the rights and obligations of the landlord in the lease with the City for the improved premises) and shall take all reasonable precautions to prevent damage, injury, or loss by reason of or related to the construction, operation, and maintenance of the Additional Improvements to the Kitsap Regional Conference - 5 - Center to any person or property. The City shall comply with all applicable laws and ordinances in constructing, operating, and maintaining the Additional Improvements to the Kitsap Regional Conference Center. The City shall undertake all modifications to the Additional Improvements to the Kitsap Regional Conference Center required to comply with all applicable laws, regulations, judgments, and orders. 11. Appointment as Agent. Except with respect to the express undertakings of the KPFD in this Agreement, the KPFD hereby appoints the City as its agent with respect to the provision, construction, and operation of the Kitsap Regional Conference Center, including the Additional Improvements, but not otherwise, with full power and authority in connection therewith to make all management and operational decisions and take all actions necessary to carry out this joint undertaking without further need or requirement to consult with or obtain approval from the KPFD in connection with matters relating to the Kitsap Regional Conference Center. 12. City Indemnity Obligations. The City shall defend, indemnify, and hold the KPFD, and its respective elected officials, officers, employees, and agents ("KPFD Indemnitees") harmless from all claims, regardless of the nature of the claim, arising directly or indirectly from the planning, permitting, construction, maintenance, and operation of the Kitsap Regional Conference Center, including the Additional Improvements, except for claims arising from the sole negligence of any KPFD Indemnitee. In the case of concurrent negligence of the City and a KPFD Indemnitee, each party shall, unless otherwise agreed, defend itself and hold the other party harmless from their proportionate share of the resulting damages. This indemnity and hold harmless obligation shall extend to all claims of whatsoever kind and nature. It shall include attorneys' fees, expert witness fees, court costs, arbitration costs, administrative fines and penalties, and any other direct expense that is a direct consequence of a breach of any provision of this Agreement or any negligent act or failure to act. It shall include the duty to promptly accept tender of defense and provide defense to the KPFD Indemnitees. 13. KPFD Indemnity Obligations. The KPFD shall defend, indemnify, and hold the City, and its respective elected officials, officers, employees, and agents ("City Indemnitees") harmless from all claims, regardless of the nature of the claim, arising directly or indirectly from any breach by the KPFD of this Agreement or any negligent acts of the KPFD for which the KPFD is solely responsible. This indemnity and hold harmless obligation shall extend to all claims of whatsoever kind and nature. It shall include attorneys' fees, expert witness fees, court costs, arbitration costs, administrative fines and penalties, and any other direct expense that is a direct consequence of a breach of any provision of this Agreement or any negligent act or failure to act. It shall include the duty to promptly accept tender of defense and provide defense to the City Indemnitees. - 6 - 14. Interlocal Cooperation Act Provisions. The parties acknowledge that they have entered into this Agreement pursuant to the express authority granted to them by RCW 36.100.030(2) and RCW 36.01.010; pursuant to RCW 39.34.100, the powers and authority conferred by the Interlocal Cooperation Act (Chapter 39.34 RCW) are supplemental to powers or authority conferred by RCW 36.01.010 and RCW 36.100.030(2); and nothing contained in the Interlocal Cooperation Act limits the authority or power of either party to contract pursuant to RCW 36.01.010 and RCW 36.100.030(2). To avail themselves of the supplemental powers and authority granted by the Interlocal Cooperation Act, the parties agree that: a. No separate legal or administrative entity within the meaning of RCW 39.34.030(3)(b) or "joint board" within the meaning of RCW 39.34.030(4)(a) is created by this Agreement; b. The City's Director of Public Works & Utilities, is appointed as the "administrator" within the meaning of RCW 39.34.030(4)(a) and is responsible for administering the City's rights and duties set forth in this Agreement, and the KPFD's president is appointed as the "administrator" within the meaning of RCW 39.34.030(4)(a) and is responsible for administering the KPFD's rights and duties set forth in this Agreement; c. Paragraphs 2, 3, and 4 of this Agreement set forth the manner in which property is to be acquired, held, and disposed of under this Agreement, as required by RCW 39.34.030(3)(e) and RCW 39.34.030(4)(b); and d. The City will, pursuant to RCW 39.34.040, cause this Agreement to be filed with the Kitsap County Auditor immediately upon the full execution hereof by the parties. 15. Available Legal Remedies. The parties have the right to exercise any and all of the following remedies, singly or in combination, in the event that a party violates any material provision of this Agreement. a. Commence an action for equitable or other relief, including injunctive relief, or b. Seek a writ of mandamus to compel performance, or c. Commence an action seeking specific performance of any provision that reasonably lends itself to such remedy. 16. Procedure in the Event of Default. Before exercising any of the available legal remedies the party alleging a breach ("Party") shall follow the procedure below. - 7 - a. Notice of Violation. In the event that the Party believes that the other party has not complied with the terms of this Agreement and is a defaulting party ("Defaulting Party"), the Party shall notify the Defaulting Party in writing, by certified mail, of the nature of the alleged non-compliance. b. The Defaulting Party's Right to Cure or Respond. The Defaulting Party shall have ten (10) days from the receipt of notice described above, to (a) respond to the Party, or (b) to cure such default or, in the event that by nature of the default such default cannot be cured with the ten (10) day period, initiate steps to remedy such default as promptly as possible. The duty to cure includes the duty to cure all harms caused by the acts or omissions of the Defaulting Party. At the end of the ten (10) day period, the Defaulting Party shall notify the Party, in writing, of the steps it has taken to cure the default, if any; if the cure is not complete, the reason it is not complete and the projected date for completion; and if the default is disputed, the complete basis for that contention. c. If the Party determines that the Defaulting Party did not cure or initiate steps to cure to the Party's satisfaction, after the notice required herein was provided, then the Party may exercise its available remedies. 17. Supplemental Documents. The parties agree to complete and execute all supplemental documents necessary or appropriate to implement fully the terms of this Agreement. 18. Duration of Agreement. This Agreement shall continue in full force and effect until the soonest of the time that the parties have fully performed their respective obligations under this Agreement, the City’s lease for the premises that contain the Additional Improvements installed and funded as set forth herein has expired or terminated, that the KPFD is no longer legally entitled to collect Sales Tax, or that this Agreement has been terminated by agreement of the parties. 19. Governing Law; Venue. This Agreement is governed by and shall be construed in accordance with the substantive laws of the State of Washington and shall be liberally construed so as to carry out the purposes hereof. Except as otherwise required by applicable law, any action under this Agreement shall be brought in the Superior Court of the State of Washington in and for Kitsap County. 20. Notices. All notices and other written communications required by this Agreement shall be in writing and, except as expressly provided elsewhere in this Agreement, shall be deemed to have been given at the time of delivery if personally delivered, or at the time of mailing if mailed by - 8 - first class, postage pre-paid and addressed to the party at its address as stated below or at such address as any party may designate at any time in writing. To KPFD: [Insert] Kitsap Public Facilities District ___________________________ ___________________________ To City: City Clerk City of Bremerton 345 6th Street, Suite 600 Bremerton, WA 98337 21. Severability. It is the intent of the parties that if any provision of this Agreement or its application is held by a court of competent jurisdiction to be illegal, invalid or void, the validity of the remaining provisions of this Agreement or its application to other entities, or circumstances shall not be affected. The remaining provisions shall continue in full force and effect. The rights and obligations of the parties shall be construed and enforced as if this Agreement did not contain the particular invalid provision. However, if the invalid provision or its application is found by a court of competent jurisdiction to be substantive and to render performance of the remaining provisions unworkable and non-feasible, and is found to seriously affect the consideration and/or is inseparably connected to the remainder of this Agreement, then the entire Agreement shall be null and void. 22. Complete Agreement. This Agreement, together with that certain Interlocal Agreement Regarding Funding, Development, and Operation of the Kitsap Regional Conference Center, dated March 25, 2002 (“the Original ILA”) which was amended and restated on July 28, 2003 (“the First Amended & Restated ILA”)represent the entire agreement between the parties concerning the Kitsap Regional Conference Center. This Agreement may not be amended except as provided herein. 23. Bond Covenants. Nothing in this Agreement is intended to affect or in any way modify the bond covenants previously made by the City in that Interlocal Agreement Regarding Funding, Development, and Operation of the Kitsap Regional Conference Center, dated March 25, 2002 (“the Original ILA”) which was amended and restated on July 28, 2003 (“the First Amended & Restated ILA”). 24. Modification. No change, termination or attempted waiver of any of the provisions of this Agreement shall be binding on any of the parties unless executed in writing by authorized representatives of each of the parties. This Agreement shall not be modified, supplemented, or otherwise affected by the course of dealings between the parties. - 9 - 25. Benefits. This Agreement is entered into for the benefit of the parties to this Agreement only and shall confer no benefits, direct or implied, on any third persons. 26. Assignment. The rights granted by this Agreement may not be assigned without the written consent of all the parties hereto. 27. Execution in Counterparts. This Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 28. Disclaimer With Respect to Loans and the KPFD. ORAL AGREEMENTS OR ORAL COMMITMENTS TO LEND MONEY, EXTEND CREDIT, OR FORBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE NOT ENFORCEABLE UNDER WASHINGTON LAW. Attest: _____________________________________ Shannon L. Corin, City Clerk CITY OF BREMERTON _____________________________________ Patty Lent, Mayor Approved as to form: ______________________________________ Roger Lubovich, City Attorney Signatures Continue on Next Page - 10 - Attest: _____________________________________ Anne Blair, Treasurer Approved as to form: __________________________________ Brian E. Lawler, General Counsel Socius Law Group PLLC KITSAP PUBLIC FACILITIES DISTRICT _____________________________________ Teresa Osinski, Chair R:\Legal\Legal\Files\Current Active Files\Conference Center\Harborside Conference Center Expansion\ILA re Additional Funding1 - Highlighted.doc