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11/06/2013 AGENDA
ME w � CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337 ❑ Phone (360) 473 -5280 NOVEMBER 6, 2013 CITY COUNCIL MEETING AGENDA 1 BRIEFING 5 00 — 5 30 P M in COUNCIL CONFERENCE ROOM 603 A General Council Business 2 CALL TO ORDER 5 30 P M in FIRST FLOOR CHAMBERS A Pledge of Allegiance B Invocation 3 MAYOR'S REPORT 4 PUBLIC RECOGNITION 5 CONSENT AGENDA A Claims & Check Register B Minutes of Budget Workshop — October 15, 2013 C Minutes of Meeting — October 16, 2013 D Minutes of Study Session — October 23, 2013 E Ordinance No 5226 to extend the Puget Sound Energy (PSE) Franchise Agreement F Resolution No 3206 to establish January 15, 2014 as a revised Public Hearing date to Vacate Right -of -Way for the Park Avenue Plaza Project G Acceptance of 2014 Grant from Washington State Office of Public Defense (OPD) 6 GENERAL BUSINESS A Approve Letter of Agreement and Lease for Pendergast Park Soccer Field with West Sound FC Premier Soccer Club B Extend the suspension of the One Percent for the Arts Program until January 1, 2016 7 PUBLIC HEARINGS A Public Hearing to adopt Resolution No 3207 approving the Community Development Block Grant (CDBG) and HOME funding recommendations for inclusion in the 2014 CDBG /HOME Action Plan B Public Hearing to receive comments on Revenue Sources for the proposed 2014 City of Bremerton Budget (No action to be taken) C Public Hearing to adopt Ordinance No 5227 levying Property Taxes for collection in 2014 D Public Hearing to adopt Ordinance No 5228 amending 2014 Rates and Fees for Water, Wastewater, Stormwater, and other related services 8 COUNCIL MEMBER REPORTS 9 EXECUTIVE SESSION —15 Minutes to consider the minimum price for a real estate transaction per RCW 42 30 110(1) (c) (No action to be taken) 10 ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING ® Amencans with Disabilities Act (ADA) accommodations provided upon request Those requiring special accommodations please contact the City Clerk at (360) 473 -5323 by noon on the day preceding the Meeting BREMERTON CITY COUNCIL MEETING SPEAKERS LIST PLEASE PRINT YOUR NAME BELOW IF YOU PLAN TO COMMENT & YOU WISH YOUR NAME TO BE INCLUDED IN THE RECORD us,� Y REQUESTS FOR INFORMATION MUST BE SUBMITTED IN WRITING TO THE CLERK THANK YOU prodamatton WHEREAS, in 2013, an estimated 45,220 people will be diagnosed with pancreatic cancer in the United States and 38,460 will die from the disease, and WHEREAS, pancreatic cancer is one of the deadliest cancers, is the fourth leading cause of cancer death in the United States, and is the only mayor cancer with a five -year relative survival rate in the single digits at dust six percent, and WHEREAS, when symptoms of pancreatic cancer present themselves, it is late stage, and 73 percent of pancreatic cancer patients die within the first year of their diagnosis while 94 percent of pancreatic cancer patients die within the first five years and approximately 850 deaths will occur in Washington in 2013, and WHEREAS, the incidence and death rate for pancreatic cancer are increasing and pancreatic cancer is anticipated to move from the fourth to the second leading cause of cancer death in the U S by 2020, and WHEREAS, the U S Congress passed the Recalcitrant Cancer Research Act last year, which calls on the National Cancer Institute to develop a scientific frameworks, or strategic plans, for pancreatic cancer and other deadly cancers, which will help provide the strategic direction and guidance needed to make true progress against these diseases, and WHEREAS, the Pancreatic Cancer Action Network is the national organization serving the pancreatic cancer community in Bremerton, WA, Kitsap County and nationwide through a comprehensive approach that includes public policy, research funding, patient services, and public awareness and education related to developing effective treatments and a cure for pancreatic cancer, and WHEREAS, the Pancreatic Cancer Action Network and its affiliates in Bremerton, WA, Kitsap County support those patients currently battling pancreatic cancer, as well as to those who have lost their lives to the disease, and are committed to nothing less than a cure, and WHEREAS, the good health and well -being of the residents of Bremerton, WA, Kitsap County are enhanced as a direct result of increased awareness about pancreatic cancer and research into early detection, causes, and effective treatments, NOW THEREFORE, I, Patty Lent, Mayor of the City of Bremerton, WA designate the month of November 2013 as "Pancreatic Cancer Awareness Month" in Bremerton Signed this 1 St day of November 2013 Patty Lent, Mayor Vrodamaction WHEREAS America's Promise Alliance will launch 100 Community Grad Nation Summits in 2013 -2014 and one of the first summits will be the Northwest GradNation Regional Summit on November 8, 2013 WHEREAS GradNation Day highlights efforts of community leaders, parents, educators, mentors, volunteers, and students to support the America's Promise GradNation Campaign "To end the school dropout crisis and achieve a 90 percent national high school graduation rate by 2020 ", and WHEREAS Recognizing high school graduation matters to individuals, families, communities, and society, and WHEREAS The City of Bremerton is partnering with several school districts and agencies throughout King, Krtsap, Pierce and Snohomish Counties to highlight the work of collaborative initiatives, such as Eastside Pathways, the Road Map Project, Building Bridges, Race to the Top and additional efforts to increase the graduation rates among high school students, and WHEREAS The Northwest GradNation Regional Summit has over thirty Summit partners working in coordination to provide information and data on the best and most promising practices to increase graduation rates in the Northwest region, and WHEREAS The Northwest GradNation Regional Summit supports community leaders' resolve to address the dropout crisis through innovative, collaborative initiatives encouraging student engagement, increasing resiliency, and enhancing academic support Now, therefore, I, Patty Lent, Mayor of the Bremerton, Washington do hereby proclaim, November 8"', 2013 to be GradNation Day And urge the citizens of Bremerton to support our young people by working together and creating local solutions to this national crisis Mayor Patty Lent the FOR YOUTH DEVELOPMENT° FOR HEALTHY LIVING FOR SOCIAL RESPONSIBILITY 11 Y OUR LIMITS 5 on 5 Tournament BREMERTON FAMILY YMCA November 10 and 11 1 9am Our Fall 5 on 5 Basketball Tournament features a guarateed 3 game format. Team fee Includes 5 jerseys per team and additional jerseys may be purchased for $10 each. N " * ✓ r 'g. a 0 I • 1 ' a n y * y 1 � / CONTACT Rhonda Severns 360 - 307 -4060 Y rseverns@a ymcakc org y Y Mid !- •. �� h 'IF 0 th � FOR YOUTH DEVELOPMENT Q FOR HEALTHY LIVING FOR SOCIAL RESPONSIBILITY A A EVELOP SKILLS IN PRESCHOOL lump Start Early Education BREMERTON FAMILY YMCA 4 Days per Week, Tuesday - Friday ! 12:15- 3:15pm $44 /week for YMCA Members $68 /week for Community Members 2 Days per Week, Tuesday and Thursday or Wednesday and Friday 12:15- 3:15pm $22 /week for YMCA Members $34 /week for Community Members CONTACT Babs Abad 360 - 307 -4062 babadQa ymcapkc org AGENDA BILL w5 A CITY OF BREMERTON CITY COUNCIL SUBJECT Claims & Check Register Study Session Date COUNCIL MEETING Date November 6, 2013 Department Financial Services Presenter Shannon Corin Phone 473 -5323 SUMMARY Approval of the following checks and electronic fund transfers 1) Check #'s 355634 through 355902 and EFT's 13273 through 13324 in the amount of $1,836,425 64 2) Regular Payroll for the pay period ending October 15, 2013 in the amount of $695,225 45 3) Regular Payroll for the pay period ending October 31, 2013 in the amount of $749,714 33 4) Retiree Payroll for the pay period ending October 31, 2013 in the amount of $56,227 27 ATTACHMENTS FISCAL IMPACTS (Include Budgeted Amount) STUDY SESSION AGENDA 0 No Discussion ❑ Full Presentation STUDY SESSION ACTION 0 Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION Move to approve consent agenda as presented COUNCIL ACTION ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 11/02/12 AGENDA BILL w5is CITY OF BREMERTON CITY COUNCIL SUBJECT Minutes of Budget Workshop — Study Session Date October 15, 2013 COUNCIL MEETING Date November 6, 2013 Department City Council Presenter Greg Wheeler Council President Phone (360) 473 -5280 SUMMARY Attached is the summary of the City Council Meeting ATTACHMENTS Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount) STUDY SESSION AGENDA px No Presentation ❑ Full Presentation STUDY SESSION ACTION Nx Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION Move to approve the Consent Agenda as presented COUNCIL ACTION ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/25113 DIGITAL RECORDING CITY COUNCIL BUDGET WORKSHOP MINUTES Tuesday, October 15, 2013 The Budget Workshop of the City Council of the City of Bremerton was called to order in the Council Conference Room 603 of the NORM DICKS GOVERNMENT CENTER located at 345 6 th Street, Bremerton, Washington, Tuesday, October 15, 2013, at 4 10 PM, with Council President Greg Wheeler presiding Council Members present were Nick Wofford, Eric Younger, Carol Arends, Faye Flemister, and Adam Brockus Council Members Jim McDonald, Leslie Daugs, and Wendy Priest were absent Also present were Finance Director Becky Hasart and Budget Analyst Caroline Tompson Council Assistant Christine Grenier was present to provide staff support to the Council President Wheeler announced that the intent of the 2014 Budget Workshop was for the Council to ask department staff final questions on the proposed budget and to review responses from departments regarding previous Council inquiries It was further announced that this Budget Workshop was open to the public, but there would be no opportunities for input or participation, that no action will be taken, and the content of these items is subject to change The discussion included the following departments and funds 1 Council /Legislative Department and Lodging Tax 2 Executive Department 3 Legal and Risk Management 4 DCD 5 Municipal Court 6 Auditor 7 Finance Department — Including City Clerk, HR, BKAT, IT, Fire & Police Pension, Non Departmental, Contingency Reserve, Parking, Conference Center, Gold Mountain, Debt Service Council recessed from 5 58 to 6 29 PM Finance Department (continued) — REET, and Accumulated Leave & Employment Security 8 Law Enforcement 9 Fire & EMS 10 Parks — Including General Fund and Capital 11 Public Works & Utilities With no further business, President Wheeler adjourned the Budget Workshop at 8 25 PM Prepared and Submitted by ' - -- CHRISTINE GRENIER Council Assistant Attest SHANNON CORIN, City Clerk GREG WHEELER, City Council President GW SC Is cg AGENDA BILL sco CITY OF BREMERTON CITY COUNCIL ■■ aaeeeeeeeeeeeeeeeeeeeeeeeeeeeeseeeeeeeeeaaaaaeeeeeeeeeeeeeeeeaeeeeeeeeeeeseeeeeeeeeee� SUBJECT Minutes of Meeting — Study Session Date October 16, 2013 COUNCIL MEETING Date November 6, 2013 Department City Council Presenter Greg Wheeler Council President Phone (360) 473 -5280 SUMMARY Attached is the summary of the City Council Meeting ATTACHMENTS Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount) STUDY SESSION AGENDA ❑x No Presentation ❑ Full Presentation STUDY SESSION ACTION px Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION Move to approve the Consent Agenda as presented COUNCIL ACTION ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/25/13 DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wednesday, October 16, 2013 The Regular Meeting of the City Council of the City of Bremerton was called to order on Wednesday, October 16, 2013, at 5 00 PM in Council Conference Room 603 of the NORM DICKS GOVERNMENT CENTER, 345 6" Street, Bremerton, Washington, with Council President Greg Wheeler presiding Council Members present were Nick Wofford, Eric Younger, Carol Arends, Faye Flemister, Adam Brockus, Leslie Daugs, and Jim McDonald Council Member Wendy Priest was absent Also present were City Attorney Roger Lubovich, City Clerk Shannon Conn, Council Assistant Christine Grenier, and Information Services Manager Kevin Matthew A COUNCIL BRIEFING was held to discuss General Council Business at 5 00 PM in the Council Conference Room, immediately following was the Council Meeting at 5 30 PM The Pledge of Allegiance was led by Council Member Jim McDonald followed by the invocation provided by Pastor Roger Hennigan of Apostolic Life Tabernacle President Wheeler announced that there would be no live feed in the meeting chambers tonight but the live feed would be available to the viewing public MAYOR'S REPORT — Mayor Patty Lent • Was pleased with the progress being made on the construction at the corner of 11 Street & Pacific Avenue, • Proclaimed the November 1, 2013 as "Go the Extra Mile Day ", • Brought forward event organizer Jane Rebelowski who invited interested volunteers to meet at the corner of 1 st Street & South Wycoff Avenue at 8 30 AM and participate in the Gateway Clean - Up on Saturday, October 26 from 9 00 AM to 2 00 PM, • Welcomed new business "All about You' Hair and Nail Salon to Manette, • Proclaimed October 24, 2013 as "World Food Day ", and • Encouraged the community to visit the last Farmer's Market of the season BRIEFINGS Police Chief Steve Strachan invited Judge James Docter to perform the Oath of Office Ceremony for new Police Officer Jordan Eide presented 25 -Year Employee Service Awards to Sergeant Kevin Crane Sergeant Randy Olson and Captain Tom Wolfe then invited the public to Hooping with the Cops "Bringing Unity to the Community' event on Saturday, October 26 from 5 00 to 8 00 PM at the Sheridan Park Community Center, and concluded with a monthly update John Powers Executive Director of the Kitsap Economic Development Alliance (KEDA), provided a 3rd Quarter Report Bob Guyt, Rice Fergus Miller Architects, read a letter on behalf of Dr David C Mitchell Olympic College President, in support of KEDA, and looked forward to continued growth in Bremerton and a maintained quality of life in Kitsap PUBLIC RECOGNITION Carlos Jara Downtown Bremerton Association, announced that the 17 Annual Halloween Safe Treat or Treat will be held on October 31 from 5 00 to 8 00 PM CONSENT AGENDA 6A — Claims & Check Register Check Numbers 355426 through 355633, and EFT -13236 through EFT -13272 in the amount of $2,077,470 60, and Regular Payroll for the pay period ending September 30, 2013 in the amount of $685,505 16 6B — Minutes of Meeting — October 2, 2013 6C — Minutes of Budget Workshop — October 7, 2013 City Council Mtg Minutes Wednesday, October 16, 2013 Page 2 of 4 6D— Minutes of Study Session — October 9, 2013 6E — Ordinance No 5225 amending Chapter 9 24 of the Bremerton Municipal Code (BMC) entitled `Prostitution ", and creating a new section Chapter 9 24 060 relating to "Loitering" 6F — Contract Award to Lakeside Industries for Construction of the Belfair Valley Road and Lake Flora Road Preservation Project 6G — Authorizing transfer of $40,000 in Real Estate Excise Tax (BEET) to the General Fund, and approving contract with King County Directors Association (KCDA) for Pendergast Ball Field Drainage Improvements There were no questions or comments from the public 06 18 34 M /S /C /U (Brockus/Wofford) Move to approve the CONSENT AGENDA as presented GENERAL BUSINESS 7A — OVERVIEW OF KITSAP CONFERENCE CENTER EXPANSION PROJECT IMPLEMENTATION (ITEMS 7B -7F) Chal Martin Public Works & Utilities Director, provided a brief overview of the project, and a presentation on each of the following items 713 — INTERLOCAL AGREEMENT WITH THE KITSAP PUBLIC FACILITIES DISTRICT (KPFD) FOR FUNDING OF THE KITSAP CONFERENCE CENTER EXPANSION PROJECT It was explained that 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 Comments from the public were provided by Mike Walton Executive Director KPFD, Mr. Walton also read a letter on behalf of Michelle Tomlinson General Manager for Fairfield Inn & Suites, and Roy Runyon Vice Chair of KPFD Board of Directors Questions and comments were provided by Brockus, with a response provided by Mr Runyon 06 43 10 Motion was made by Brockus, and seconded by Daugs (with comments) 06 44 32 M /S /C /U (Brockus /Daugs) 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 7C — LEASE AGREEMENT WITH KITSAP TRANSIT FOR EXPANSION OF THE KITSAP CONFERENCE CENTER It was summarized that this lease agreement provides the foundation for the City's investment into the expanded Kitsap Conference Center There were no questions or comments from the public Questions and comments were provided by Brockus, McDonald, and Younger, with responses provided by Mr Martin and Mr Lubowch 06 45 00 Motion was made by Daugs, and seconded by F/em►ster Comments were provided by Wofford (declared appearance of fairness conflict and planned to abstain), and Younger 06 46 50 M /S /C (Daugs /Flemister) Move to approve a Lease Agreement with Kitsap Transit for expansion of the Kitsap Conference Center, and authorize the Mayor to execute the agreement with substantially the same terms and conditions as presented Voted in favor of Motion Brockus, Flemister, Arends, Younger, McDonald, Daugs, Wheeler Abstained Wofford Motion carried 7 -Yes, 1- Abstention City Council Mtg Minutes Wednesday, October 16, 2013 Page 3 of 4 7D — CONTRACT AWARD TO JONES & ROBERTS, INC FOR CONSTRUCTION OF THE KITSAP CONFERENCE CENTER EXPANSION PROJECT The sealed bids were solicited for the Kitsap Conference Center expansion project September 9, 2013 Bids were opened at 3 00 p m Monday, September 30, 2013 14 bids were received The low bidder was Jones & Roberts, Inc out of Olympia, with a bid amount of $746,900 (plus sales tax), inclusive of all alternates Staff verified that Jones & Roberts, Inc met all requirements of the bid documents and recommend the bid be awarded to Jones & Roberts There were no questions or comments from the public Questions and comments were provided by Brockus, with responses provided by Mr Martin 06 47 28 Motion was made by Flem►ster, and seconded by Brockus Comments were provided by Brockus and Flemister 06 48 10 M /S /C /U (Flemister /Brockus) Move to approve award and enter into a contract with Jones & Roberts, Inc in the amount of $746,900 (plus sales tax) to construct the Kitsap Conference Center Expansion Project, and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented 7E — CONTRACT AWARD TO THYSSENKRUPP ELEVATOR AMERICAS FOR ELEVATOR IMPROVEMENTS RELATED TO THE KITSAP CONFERENCE CENTER EXPANSION PROJECT The sealed proposals were solicited for elevator improvements related to the Kitsap Conference Center Expansion project Wednesday, August 21, 2013 Proposals were opened at 2 00 p m Friday, September 13, 2013 One proposal was received, from ThyssenKrupp Elevators Americas ThyssenKrupp's proposal provided several options Kitsap Transit has selected the option to install new and improved constant -speed hydraulic control valves and improved hydraulic fluid, which will provide faster, consistent leveling This option costs $103,444 76, including tax This contract will implement the option chosen Comments from the public were provided by Carlos Jara Questions and comments were provided by Younger, with responses provided by Mr Martin 06 48 45 Motion was made by Daugs, and seconded by Brockus Questions and comments were provided by Daugs, Brockus, and Younger, with responses provided by Mr Martin 06 51 42 M /S /C /U (Daugs /Brockus) Move to enter into a contract with ThyssenKrupp Elevator Americas for $103,444 76, including tax, for elevator improvements related to the Kitsap Conference Center Expansion Project, and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented 7F — PROFESSIONAL SERVICES AGREEMENT WITH RICE FERGUS MILLER ARCHITECTS FOR CONSTRUCTION ADMINISTRATION SERVICES FOR THE KITSAP CONFERENCE CENTER EXPANSION PROJECT This contract with Rice Fergus Miller Architects is to provide construction administration services for the Kitsap Conference Center Expansion Project Staff recommends the construction administration service be provided by RFM because of this firm's substantial knowledge and experience with the project, including concept development, design work, and assembly of the bid package There were no questions or comments from the public Questions and comments were provided by Brockus, with responses provided by Mr Martin City Council Mtg Minutes Wednesday, October 16, 2013 Page 4 of 4 06 52 12 Motion was made by Brockus, and seconded by Flemister Comments were provided by Brockus 06 52 45 M /S /C /U (Brockus /Flemister) Move to authorize a professional services agreement with Rice Fergus Miller Architects for construction administration services for the Kitsap Conference Center Expansion Project, and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented Mayor Lent thanked the Council for extending their support to a project that is going to have a positive impact on downtown COUNCIL MEMBER REPORTS Eric Younger was pleased that his concerns were resolved and glad the Conference Center expansion project can now proceed Carol Arends as the Audit Committee Chair was pleased that a report on the Tax & License Division was issued recently with no findings, and the Internal Auditor saved the City $20,000 by reviewing the insurance reserves for the Risk Management Division instead of contracting out the work Adam Brockus announced that the next District 3 Community Meeting on Tuesday, October 22 from 6 30 to 8 00 PM at the Bremerton Senior Center will be moderated by former Mayor Cary Bozeman and feature Candidates for Council District 3, Mayor, and School Board, reported on the Harvest Dinner held October 12, and mentioned that the former business Kate's Jersey Subs has been purchased with a possible opening by the end of the year Leslie Daugs encouraged people to attend the Kitsap Habitat for Humanity's "Raise the Roof" Gala on Saturday, October 19 at 6 00 PM at the Kitsap Conference Center, looked forward to the Bremerton Teen Center Dedication on Friday, October 18 at 3 30PM, and reminded the community to vote in the upcoming election Greg Wheeler invited interested volunteers to the next Kiwanis Work Party on Saturday, October 26 from 9 00 to 11 00 AM, and expressed to his fellow Council Members that he was proud of their efforts and thanked the administration for providing all of the information needed to make the decision and also thanked partners With no further business, President Wheeler adjourned the Council Meeting at 7 00 PM Prepared and Submitted by CHRISTINE G ENIER Council Assistant Attest SHANNON CORIN, City Clerk GREG WHEELER, City Council President GW SC Is cg AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT Minutes of Study Session— Study Session Date October 23, 2013 COUNCIL MEETING Date November 6, 2013 Department City Council Presenter Greg Wheeler Council President Phone (360) 473 -5280 SUMMARY Attached is the summary of the City Council Meeting ATTACHMENTS Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount) STUDY SESSION AGENDA Ox No Presentation ❑ Full Presentation STUDY SESSION ACTION © Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION Move to approve the Consent Agenda as presented COUNCIL ACTION ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/25/13 DIGITAL RECORDING CITY COUNCIL STUDY SESSION MINUTES Wednesday, October 23, 2013 A Study Session of the City Council of the City of Bremerton was called to order in the Council Conference Room of the NORM DICKS GOVERNMENT CENTER, 345 6 th Street, Bremerton, Washington, Wednesday, October 23, 2013, at 500 PM, with Council President Greg Wheeler presiding Council Members present were Nick Wofford, Eric Younger, Carol Arends, Wendy Priest, Adam Brockus, Leslie Daugs, and Jim McDonald Council Member Faye Flemister was absent Legislative Assistant Lori Smith was present to provide staff support President Wheeler emphasized that the Study Session was open to the public but there would be no opportunities for input or participation, and announced that approved items by Council will be placed on the November 6, 2013 Council Meeting Agenda or as indicated INFORMATION ITEM 1 Briefing on Admiral Theatre — Brian Johnson, Executive Director Information only A NO PRESENTATION ITEMS —The following items are budgeted items or have already been reviewed by the appropriate Council Committee 2 Ordinance to extend the Puget Sound Energy (PSE) Franchise Agreement for 2 -years Consent Agenda 3 Resolution to establish January 15, 2014 as a revised Public Hearing date to vacate portions of the Alley and 4 th Street for the Park Avenue Plaza Project Consent Agenda 4 Acceptance of 2014 Grant from Washington State Office of Public Defense (OPD) Consent Agenda B FULL PRESENTATION ITEMS 5 Extending suspension of the One Percent for the Arts Program until January 1, 2016 General Business 6 Proposed public hearing and resolution to approve the 2014 Community Development Block Grant (CDBG) and HOME funding recommendations for inclusion in the 2014 CDBG /HOME Action Plan Public Hearing C GENERAL COUNCIL BUSINESS o Audit Committee Briefing (10110113 Meeting) — Carol Arends, Chair o Other General Council Business was briefly discussed D ADJOURNMENT OF STUDY SESSION With no further business, President Wheeler adjourned the Council Study Session at 7 00 PM Prepar d and Submitted by LORI SMITH Legislative Assistant City Council Study Session Minutes Wednesday, October 23, 2013 Page 2 of 2 Attest SHANNON CORIN, City Clerk GREG WHEELER, City Council President GW SC Is cg AGENDA BILL CITY OF BREMERTON CITY COUNCIL ■■ ���������������e�����oe����o�00000000000NNW0ENs000000E0EE000000M000000WE0X0aM00MM0000a SUBJECT Ordinance No 5226 amending Study Session Date October 23, 2013 Ordinance No 4875 to extend the Puget COUNCIL MEETING Date November 6, 2013 Sound Energy Franchise Agreement Department Public Works Presenter Chal Martin Phone 473 -5758 SUMMARY The current franchise agreement with Puget Sound Energy is set to expire December 4, 2013 This ordinance would extend the term of the current franchise agreement to November 30, 2015 ATTACHMENTS Ordinance No 5226 and Exhibit A FISCAL IMPACTS (Include Budgeted Amount) None STUDY SESSION AGENDA ❑x No Presentation ❑ Full Presentation STUDY SESSION ACTION ❑x Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION Move to pass Ordinance No 5226 amending Ordinance No 4875 to extend the term of the franchise granted to Puget Sound Energy to November 30, 2015 COUNCIL ACTION ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01125/13 ORDINANCE NO 5226 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Ordinance No 4875 by extending the term of the franchise granted to Puget Sound Energy, Inc , a Washington corporation, for purposes of transmission, distribution and sale of electricity WHEREAS, on November 19, 2003 the City Council passed Ordinance No 4875 granting Puget Sound Energy ( "PSE ") a franchise for purposes of transmission, distribution and sale of electricity for power, heat, light and any other purpose for which electricity can be used, said ordinance attached hereto as Exhibit A and incorporated herein by reference, and WHEREAS, the term of the franchise expires on December 4, 2013 and the City Council and PSE desire to extend the term of the franchise two years to November 30, 2015 and to make corrections to certain references in the franchise, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS J SECTION I Amendments to Franchise Ordinance Ordinance No 4875 granting PSE a franchise for purposes of transmission, distribution and sale of electricity is hereby amended as follows 1 Franchise Term Extended The term of the franchise as set forth in Section 9 1 of Ordinance No 4875 is extended two years, from December 4, 2013 to November 30, 2015 provided, however, PSE shall have no rights under this franchise nor shall PSE be bound by the terms and conditions of this franchise unless PSE shall, within sixty (60) days after the effective date of the ordinance, file with the City its written acceptance of the ordinance 2 Corrections to References The reference to subsection 22 2 in Section 16 1 is corrected to 23 1 and the reference to subsection 2 6 in Section 19 1 is corrected to 2 5 With the exception of the amendments set forth in this ordinance, all terms and conditions of Ordinance No 4875 are reaffirmed and shall remain in full force and effect SECTION 2 Severability If anyone or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect SECTION 3 Effective Date This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law 1 Puget Sound Energy Franchise Extension 2013 PASSED by the City Council the day of , 2013 GREG WHEELER, Council President Approved this day of , 2013 PATTY LENT, Mayor ATTEST APPROVED AS TO FORM SHANNON CORIN, City Clerk ROGER A LUBOVICH, City Attorney PUBLISHED the day of 1 2013 EFFECTIVE the day of 1 2013 ORDINANCE NO PSE Acceptance on following page 2 Puget Sound Energy Franchise Extension 2013 CITY OF BREMERTON KITSAP COUNTY, STATE OF WASHINGTON In the matter of the application of Puget Sound Energy, Inc, a Franchise Ordinance No 5226 Washington corporation, for a franchise to construct, operate (Extension of Franchise Ordinance No 4875 Term) and maintain facilities in, upon, over under, along, across and through the franchise area of the ACCEPTANCE City of Bremerton, Washington WHEREAS, on November 19, 2003, the City Council of the City of Bremerton, Washington, granted a franchise to Puget Sound Energy, Inc , a Washington corporation, its successors and assigns by passing Ordinance No 4875, and WHEREAS, on November 6, 2013, the City Council of the City of Bremerton, passed Ordinance No 5226 to extend the term of the existing franchise to Puget Sound Energy, Inc two years, from December 4, 2013 to November 30, 2015, and WHEREAS, a copy of Ordinance No 5226 was received by the Puget Sound Energy, Inc from the City of Bremerton on , 2013 NOW, THEREFORE, Puget Sound Energy, Inc, a Washington corporation, for itself, its successors and assigns, hereby accepts said ordinance and all the terms and conditions thereof, and files this, its written acceptance, with the City of Bremerton, K tsap County, Washington IN TESTIMONY WHEREOF Puget Sound Energy, Inc has caused this written Acceptance to be executed in its name by its undersigned thereunto duly authorized on this day of , 2013 PUGET SOUND ENERGY, INC ATTEST By By Its Its Copy received for City of Bremerton on , 2013 By Shannon Conn, City Clerk R \Legal \Legal \Files \C unent Active Flles\FranchlsesTSETSE Fianchise Extension 2013 doex 3 Puget Sound Energy Franchise Extension 2013 EXHIBIT A ORDINANCE NO. 5 AN ORDINANCE granting Puget Sound Energy, Inc, a Washington corporation, the right, privilege, authority and franchise to set, erect, construct, support, attach, connect and stretch Facilities between, maintain, repair, replace, enlarge, operate and use Facilities m, upon, over, under, along, across and through the Franchise Area for purposes of transmission, distribution and sale of energy for power, heat, light and any other purpose for which energy can be used, and to charge and collect tolls, rates and compensation for such energy and such uses THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS ,SECTION L DEFINITIONS. 1 I Where used in tlus francluse (the "Franchise ") the following terms shall mean 1 11 "PSE" means Puget Sound Energy, Inc, a Washington corporation, and such successors and assigns as are approved by the City pursuant to tlus Franchise Ordinance 1 12 "City" means the City of Bremerton, a municipal corporation of the State of Washington, and its respective successors and assigns 1 13 "Franchise Area" means any, every and all of the roads, streets, avenues, alleys, lughways, and public rights -of -way as now laid out, platted, dedicated or unproved, and any, every and all roads, streets, avenues, alleys, highways and public rights -of -way, that may hereafter be laid out, platted, dedicated or improved within the present limits of the City and as such limits may be hereafter extended "Francluse area" does not, however, include any other public property owned in whole or in part, leased or otherwise occupied by the City 114 "Facilities" means poles (with or without crossarms), wires, lines, conduits, cables, communication and signal lines, braces, guys, anchors, vaults and all necessary or convenient facilities and appurtenances thereto whether the same be located over or under ground 1 15 "Ordinance" means this Ordinance which sets forth the terms and conditions of this Franchise SECTION 2. FACILITIES WITHIN FRANCHISE AREA. 21 Pursuant and subject to the City Charter, the City does hereby grant to PSE the right, privilege, authority and francluse to 1 Puget Sound Energy Franchise EXHIBIT A 2 1 1 Set, erect, construct, support, attach, connect and stretch Facilities between, maintain, repair, replace, enlarge, operate and use Facilities in, upon, over, under, along, across and through the Franchise Area for purposes of transmission, distribution and sale of energy for power, heat, light and any other purpose for which energy can be used, and 2 12 To charge and collect tolls, rates and compensation for such energy and such uses 22 This Francluse does not allow PSE the nght to use the Francluse Area for any purpose other than the transmission, distnbution and sale of electricity, or to install any facilities in the Franchise Area other than the Facilities descnbed herein 23 PSE shall comply with all applicable federal, state and local laws (including, but not limited to, the lawful exercise of the City's general police powers) in connection with the exercise of its rights under this Franchise Notwithstanding the foregoing, this Francluse shall supersede, govern and control any ordinance, rule, plan, policy, resolution, regulation or other directive of the City to the extent any such ordinance, rule, plan, policy, resolution, regulation or other directive conflicts with, or is inconsistent with, the terms and conditions of tins Franchise 24 PSE's Facilities shall be maintained within the Franchise Area so as not to unreasonably interfere with the use of the Franchise Area by the City and by the general public and in accordance with the laws of the State of Washington and the City of Bremerton 25 PSE shall obtain all necessary permits and approvals from the City and all other agencies with jurisdiction and shall comply with all applicable City or state codes, rules, regulations, standards and procedures, as now or hereafter amended, to the same extent as any other person or entity doing business within the City, except as otherwise provided by this Franchise SECTION 3. RESTORATION OF FRANCHISE AREA. 3 1 When PSE or any person acting on its behalf does any work in or affecting the Franchise Area, it shall, at its own expense, promptly remove any obstructions therefrom and restore, to the City's reasonable satisfaction, such Franchise Area to as good a condition or better as existed before the work was undertaken, unless otherwise directed by the City Recorded survey monuments shall be restored in accordance with applicable ordinances or laws 32 If weather or other conditions do not permit the complete restoration required by this Section, PSE shall temporarily restore the Franchise Area Such temporary restoration shall be at PSE's sole expense and PSE shall promptly undertake and complete the required permanent restoration when the weather or other conditions no longer prevent such permanent restoration 33 PSE or other person acting in its behalf within the Franchise Area shall use suitable barricades, flags, flag persons, lights, flares, and other measures as required by applicable law for the safety of all members of the general public 2 Puget Sound Energy Franchise EXHIBIT A 34 The Director of Public Works and Utilities, or designee, shall be responsible for inspection and final approval of the condition of the Franchise Area following any construction and restoration activities therein, according to City engineering standards 35 Except in the case of emergencies as determined by the City, cutting of pavement shall be prohibited a) in a newly constructed, reconstructed or resurfaced street for a period of five (5) years from the paving of such street, or b) in a street where a trench was previously available due to construction or other sumlar activities, for a period of three (3) years from the date the trench was available when in each instance, PSE was given reasonable pnor notice to perform work in the Franchise Area. The City may require that PSE facilities be located within existing underground ducts or conduits wherever the capacity exists Provided, however, the Director of Public Works and Utilities, or designee, may in his or her discretion permit pot -holing (subject to conditions to alleviate the harmfid effects) where conduit is to be placed underground by means of directional boring and the person seeking permission has provided evidence satisfactory to the Director of Public Works and Utilities, or designee, that (a) such pat - holing is necessary to avoid interference with existing utilities, (b) such pot -holing is the only reasonable alternative available to locate existing utilities and (c) such pot -holing will result in little or no visual or other detrimental impact to the street 36 Any and all property in the Franchise Area that is disturbed or damaged during the construction, operation, repair or removal of any PSE Facility shall be promptly repaired by PSE The property must be restored to the satisfaction of the City and to a condition as good as or better than, and for street and sidewalk cuts, to a condition as good as before the disturbance or damage occurred 37 PSE shall repair as needed all property in the Franchise Area restored as a result of any activity pursuant to Section 3, (which may consist of curb, gutter, sidewalk, pavement, or other restored appurtenances), in a condition as good as or better than, the condition of the adjacent undisturbed property in the Franchise Area to the extent such repair is required as a result of the restored area being defective or otherwise mfenor to the adjacent untouched or undisturbed area as a result of PSE's activities in the Franchise Area. SECTION 4. RELOCATION OF FACILITIES. 41 Whenever the City causes a public right of way improvement to be undertaken within the Franchise Area, and such public right of way improvement requires the relocation of PSVs then existing Facilities within the Franchise Area (for purposes other than those described in paragraph 4 2 below), the City shall 41 1 Provide PSE, within a reasonable time prior to the commencement of such public right of way improvement, written notice requesting such relocation, and 41 2 Provide PSE with reasonable plans and specifications for such public right of way improvement After receipt of such notice and such plans and specifications, PSE shall relocate such Facilities within the Franchise Area at no charge to the City If the City requires the subsequent relocation 3 Puget Sound Energy Franchise EXHIBIT A of any Facilities within five (5) years from the date of relocation of such Facilities pursuant to this Section 41, the City shall bear the entire cost of such subsequent relocation As used in this Section 4, the term "public right of way improvement" includes an improvement identified in the City's six -year Transportation Improvement Program or the City's Capital Improvement Plan 42 Whenever (i) any public or private development within the Franchise Area, other than a public right of way improvement, requires the relocation of PSE's Facilities within the Franchise Area to accommodate such development, or (n) the City requires the relocation of PSE's Facilities within the Franchise Area for the benefit of any person or entity other than the City, then in such event, PSE shall have the right as a condition of such relocation, to require such developer, person or entity to make payment to PSE, at a time and upon terms acceptable to PSE, for any and all costs and expenses incurred by PSE in the relocation of PSE's Facilities 43 Any condition or requirement unposed by the City upon any third party (including, without limitation, any condition or requirement unposed pursuant to any contract or in conjunction with approvals or permits for zoning, land use, construction or development) which necessitates the relocation of PSE's Facilities within the Franchise Area shall be deemed a condition or requirement causing relocation of PSE's Facilities to occur subject to the provisions of Subsection 4 2 above, provided, however 4 3 1 If the City reasonably determines, and notifies PSE in writing of such determination, that the primary purpose of imposing such condition or requirement upon such person or entity is to cause, on the City's behalf, a public street unprovement within the Franchise Area, then relocation will be pursuant to Section 41 above 44 Nothing in this Section 4 `Relocation of Facilities" shall require PSE to bear any cost or expense in connection with the location or relocation of any Facilities then existing under benefit of easement or such other private property rights 45 The conversion to underground service shall be pursuant to Section 12 SECTION S. INDEMNIFICATION AND INSURANCE 51 Indemnification 5 11 PSE shall defend, indemnify, and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, demands, injuries, damages, losses or suits, including all legal costs and attorney fees, made against it on account of injury or damage to the person or property of another, to the extent such mhury or damage results, or is alleged to result, from the negligent or intentional acts or omissions of PSE, its officers, officials, employees, agents and volunteers, in connection with the exercise of the rights granted to PSE in this Franchise, including, but not limited to, the construction, inspection, maintenance, or operation of PSE Facilities, or the placement or location of it's Facilities in the Franchise Area. In the event any such claim or demand is presented to or filed with the City, the City shall promptly notify PSE thereof The City shall have the right at all tunes to participate through its own attorney in any suit or action which arises out of any ngh#, privilege or authority granted by or exercised pursuant to this Franchise when the City determines that such participation is 4 Puget Sound Energy Franchise EXHIBIT A required to protect the interests of the City or the public The cost of such additional City participation shall be borne by the City PSE's obligation to mdemiufy the City shall not apply to any claim, demand, mjury, loss or suit that is caused by or arises out of the sole negligence of the City, its officers, officials, employees, agents and volunteers Upon indemnification and defense of the City, PSE shall have the right, at its election and at its sole cost and expense, to settle and compromise such claim or demand, provided further, that in the event any suit or action be begun against the City based upon any such claim or demand, the City shall likewise promptly notify PSE thereof, and PSE shall have the right, at its election and sole cost and expense, to settle and compromise such suit or action, or defend the same at its sole cost and expense, by attorneys of its own election 5 12 Inspection or acceptance by the City of any work performed pursuant to this Franchise in the Franchise Area by PSE, its agents, servants, contractors, officers, or employees, during or at the time of completion of construction shall not be grounds for avoidance of any of these covenants of indemnification Said indemnification obligations shall extend to claims which are not reduced to a suit and any claims which may be compromised prior to the culmination of any litigation or the institution of any litigation 5 13 In the event that PSE refuses a tender of defense under subsection 5 1 1 above, and said refusal is subsequently determined by a court having jurisdiction (or such other tribunal that the parties shall agree to decide the matter), to have been a wrongful refusal on the part of the PSE, then PSE shall pay the City's reasonable attorneys' fees incurred in connection with the wrongful refusal of such tender (in addition to, and without limitation of, such other costs and expense as are determined by such court or tribunal as being within the scope of subsection 5 1) 5 14 As to claims made pursuant to Section 5 1, such claims shall survive the expiration or termination of this Franchise 5 15 The City shall not be liable to PSE for any damage to or loss caused by the City of any PSE Facilities within the Franchise Area as a result of or in connection with any public works, public improvements, construction, excavating, gradmg, filling, or other City work except to the extent such loss is attributable to intentional acts or omissions or the gross negligence of the City, provided that in no event shall the City be responsible for consequential damages, including, but not limited to, lost profits or business interruption 52 Insurance 5 21 PSE shall maintain for the duration of this francluse, insurance or self insurance against claim for injuries to persons or damage to property that may arise from or in connection with the exercise of franchise rights by PSE, its agents, representatives, employees, contractors or volunteers PSE shall provide and keep current a certificate of insurance evidencing commercial general liability insurance with limits no less than $1,000,000 combined single limit and $2,000,000 aggregate for personal mjury, bodily injury and property damage Coverage shall include blanket contractual, products/completed operations, broad form property damage, and explosion, collapse and underground (XM The City, its officials, employees, agents and volunteers, shall be named as an additional insured, as respects work performed by or 5 Puget Sound Energy Franchise EXHIBIT A on behalf of PSE, and a copy of the endorsement naming the City as additional insured shall be attached to the certificate of insurance PSE's insurance shall be primary insurance as respects the City, and the City shall be given 30 calendar days prior written notice of any cancellation, suspension or material change in coverage SECTION & MOVING BUILDINGS WITHIN THE FRANCHISE AREA. 61 If any person or entity obtains permission from the City to use the Franchise Area for the moving or removal of any building or other object, the City shall, prior to granting such permission, require such person or entity to make any necessary arrangements with PSE for the temporary adjustment of PSFs wires to accommodate the moving or removal of such building or other object Such necessary arrangements with PSE shall be made, to PSE's reasonable satisfaction, not less than fourteen (14) days prior to the moving or removal of said building or other object In such event, PSE shall at the expense of the person or entity desiring to move or remove such building or other object, adjust any of its wines which may obstruct the moving or removal of such building or other object SECTION 7. REVOCATION OF FRANCHISE. 71 This Franchise may be revoked and all rights therein forfeited by the City if PSE shall fail to comply with the terms and conditions of this Franchise Without limiting the generality of the foregoing, the City may initiate a proceeding to revoke this Franchise if it believes that any one or more of the following actions by PSE constitute a breach of tlus Franchise 71 1 Construction or operation of Facilities in the Franchise Area without a franchise, in a manner that is inconsistent with this Franchise, 712 Construction or operation of Facilities in the Franchise Area at an unauthorized location within the Franchise Area so as to be inconsistent with this Franchise, 71 3 Unauthorized assignment of this Franchise by PSE, in a manner that is inconsistent with this Franchise, 714 Material misrepresentation of fact by or on behalf of PSE upon which the City relies in making a decision to grant, review or amend this Franchise, 71 5 Abandonment of Facilities in the Francluse Area, in a manner that is inconsistent with this Franchise, 71 6 Failure to relocate Facilities in accordance with this Franchise, or 7 17 Violation of any other material provision of this Franchise 72 In the event that the City believes that grounds exist for revocation of the Franchise, PSE shall be given written notice of the apparent violation or noncompliance, providing a short and concise statement of the nature and general facts of the violation or 6 Puget Sound Energy Franchise EXHIBIT A noncompliance, and providing PSE a reasonable period of time not exceeding thirty (30) days to finish evidence 7 2 1 That corrective action has been, or is being actively and expeditiously pursued, to remedy the violation or noncompliance, or 7 2 2 That rebuts the alleged violation or noncompliance, 73 In the event that PSE fails to provide evidence reasonably satisfactory to the City as provided in Subsection 7 2 above, the City shall refer the apparent violation or non- compliance to the City Council The City Council shall provide PSE with notice and a reasonable opportunity to be heard concerning the matter 74 If the City Council determines that PSE willfully violated or failed to comply with the terms and conditions of this Franchise through willful misconduct or gross negligence or failed to heed or comply with any notice given PSE by the City under the provisions of this Franchise, then upon order of the City Council, this Franchise may be revoked and all rights therein forfeited 75 The foregoing provisions of subsections 7 1 through 7 4 (pertaining to certain remedies afforded the City in the event of a breach of this Franchise by PSE) are in addition to, and not a limitation of, any and all right and remedies afforded a party in the event of a default by the other party Without huutmg the generality of the foregoing, if a party shall be in default of its obligations under this Franchise, the other party may secure an order of specific enforcement of the defaulting party's obligations under this Franchise from the Superior Court SECTION & NONEXCLUSIVE FRANCHISE. 81 This Franchise is not and shall not be deemed to be an exclusive Franchise Tins Franchise shall not in any manner prohibit the City from granting other and fiuther franchises over, upon, and along the Franchise Area which do not interfere with PSE's rights under this Franchise This Franchise shall not prohibit or prevent the City from using the Franchise Area or affect the jurisdiction of the City over the same or any part thereof SECTION 9. FRANCHISE TERM. 91 This Franchise is and shall remain in full force and effect for a penod of ten (10) years from and after the effective date of the Ordinance, provided, however, PSE shall have no rights under this Franchise nor shall PSE be bound by the terms and conditions of this Franchise unless PSE shall, vcnthm sixty (60) days after the effective date of the Ordinance, file with the City its wntten acceptance of the Ordinance SECTION I0. ASSIGNMENT. 101 This Franchise may not, directly or indirectly, be transferred, assigned or disposed of in any manner by PSE except as provided by RCW 8012 020 (collectively, "Assignment' 7 Puget Sound Energy Franchise EXHIBIT A 10 2 Without limiting the generality of the foregoing and to the extent consistent with applicable law, an assignment, in whole or in part, shall be subject to the City's prior written consent, which shall not be unreasonably withheld Notwithstanding the foregoing, the City hereby consents to PSE's mortgage of this Franchise to the trustee for its bondholders SECTION 11. HERBICIDES. 11 1 PSE shall not apply any herbicide within the Franchise Area without providing the City fourteen (14) days prior written notice of such application, unless the parties agree to a different term, or the City gives a blanket approval as part of a periodic program of spraying PSE shall post the relevant portion of the Franchuse Area at least 8 days prior to any spraying with notice of intended spraying Nothing herein is intended or shall be construed to relieve PSE of any and all other requirements of applicable law relating to the application of herbicides SECTION IZ. UNDERGROUND AND NEW INSTALLATION OF DISTRIBUTION FACILITIES. 12 1 The City may by written notice to PSE, request PSE to underground its existing distribution Facilities (of 15,000 volts or less) within the Franchise Area improved by the City, provided, that such conversion of PSE's existing Facilities shall be accomplished in accordance with PSE's applicable schedules and tanffs on file with the Washington Utilities and Transportation Commmssion or its successor, more specifically as applicable, UTC Tariff G, Schedule 74 as enacted and hereinafter amended 12 2 If PSE elects to install new overhead distribution Facilities (of 15,000 volts or less) within the Franchise Area or a new extension of existing overhead distribution Facilities within the Franchise Area, PSE will provide written notice to the City The City may by written notice to PSE, request PSE to install such Facilities underground within the Franchise Area, provided, that such installation underground of PSE's Facilities shall be accomplished in accordance with PSE's applicable schedules and tariffs on file with the Washington Utilities and Transportation Commission or its successor, more specifically as applicable, PSE Electric Tariff G, Schedule 74 as enacted and hereinafter amended 12 3 PSE shall submit design drawings of all underground installations showing the location of all existing utilities using best available information with proposed clearances within the right of way to the City Engineer for City review Upon completion of construction of such underground installation, PSE shall, within thirty (30) days, submit as -built drawings to the City Engineer for City records SECTION 13. RIGHT OF CITY TO USE PSE'S POLES. 13 1 During the term of this Franchise, the City may, subject to PSE's prior written consent winch shall not be unreasonably withheld, install and maintain City -owned overhead wires for traffic signalization and non - commercial City communication systems (including, but not limited to, data, phone and video) and may install and maintain City-owned street lights upon PSE's poles located within the Franchise Area without charge The foregoing rights of the City to install and maintain such wires, and street lights are further subject to the following 8 Puget Sound Energy Franchise EXHIBIT A 13 1 1 The City shall perform such installation and maintenance at Its sole risk and expense in accordance with all applicable laws and in accordance with such reasonable terms and conditions as PSE may specify SECTION 14. RECORDS OF INSTALLATION. 141 PSE shall provide the City, upon the City's reasonable request, copies of available drawings in use by PSE showing the location of its Facilities within the Franchise Area As to any such drawings so prowded, PSE does not warrant the accuracy thereof and, to the extent the location of Facilities are shown, such Facilities are shown in their approximate location With respect to any excavations within the Franchise Area undertaken by or on behalf of PSE or the City, nothing herein is intended (nor shall be construed) to relieve either party of their respective obligations ansmg under applicable law with respect to determining the location of utility facilities SECTION 1 S. STREET LIGHTING. 151 PSE shall provide street lighting services as requested by the City in accordance with applicable schedules and tariffs now on file or hereafter amended with the Washington Utilities and Transportation Commission (or such other regulatory agency having jurisdiction) Additionally, PSE shall provide proper maintenance and prompt customer service to the City with respect to the providing of street lighting service to the City 15 2 The City reserves the right to install and maintain street lights on PSE poles pursuant to Section 13. No reasonable request by the City for City installation of City-owned street lights will be denied by PSE 153 The City reserves the right to purchase any and all street light systems on PSE poles for market value to be negotiated by the parties 15 4 By March 1 of each year, PSE shall provide to the City a current inventory of all street lighting fixtures showing all additions and deletions together with updated utility maps showing the location of each PSE -owned street light for which the City is responsible for payment SECTION 16. FRANCHISE FEE. 161 The parties understand that the restrictions of RCW 35 21 860 forbid the imposition of a franchise fee If at any time the restrictions of this statute should be removed or modified, the City may seek to amend tlus Francluse in accordance with Subsection 22 2 below SECTION 17. CHARGE FOR ADMNISTRATIVE COSTS. 17 1 As provided in RCW 35 21860, the City may recover from PSE actual administrative expenses incurred by the City that are directly related to (1) receiving and 9 Puget Sound Energy Franchise EXHIBIT A approving a permit, license or this Franchise, (n) inspecting plans and construction, or (in) preparing a detailed statement pursuant to Chapter 43 21 C RCW SECTION 18. RIGHTS GRANTED. 181 No authonzation granted under tins Ordinance shall convey any right, title or interest in the public ways, but shall be deemed an authorization only to use and occupy the public ways in accordance with RCW 80 32 010 Further, this Ordinance shall not be construed as any warranty of title SECTION 19. REPAIR AND EMERGENCY WORK. 191 In the event of an unexpected repair or emergency within the Franchise Area for which a permit has not been obtained in accordance with Bremerton Municipal Code (BMC) as now or hereafter amended and which such work is not otherwise within the scope of the exemption authonzed by the BMC, PSE may commence such repair and emergency response work as required under the circumstances, provided PSE shall notify the City as promptly as possible, before such repair or emergency work commences or as soon thereafter as possible if advance notice is not practicable The provisions of this section do not relieve PSE from the requirement to obtain permits and approvals from the City and all other agencies with jurisdiction as set forth is Section 2 6 SECTION 20. MAINTENANCE OF FACILITIES. 201 PSE shall maintain its Facilities within the Franchise Area in a manner that complies with all applicable federal, state and local requirements Additionally, PSE shall provide reasonable maintenance of PSE Facilities, including poles, to prevent detenomtion of equipment and service and provide prompt customer response to both the City and the public with respect to deficiencies or failure of Facilities in providing such service 20 2 Nuisance poles and other Facilities shall be defined, identified and further shall be removed, replaced, relocated or otherwise remedied pursuant to BMC 1102 270 as currently enacted and as hereinafter amended 20 3 Replacement of PSE Facilities shall not constitute a requirement that the City upgrade its existing attached equipment or facilities provided transfer of such existing equipment or facilities may be reasonably accommodated on PSE's new Facility SECTION2l. SHARED USE OF EXCAVATIONS. 211 Shared use of excavations shall be pursuant to BMC 1102 170 as currently enacted or as hereinafter amended 10 Puget Sound Energy Franchise EXHIBIT A SECTION 22. HEADINGS. 221 The headings of sections and paragraphs of this Franchise are for convenience of reference only and are not intended to restrict, affect or be of any weight in the interpretation or construction of the provisions of such sections or paragraphs SECTION 23. AMENDMENTS. 23 1 Except as provided in this paragraph 23 1, this Franchise may be amended only by written instrument, signed by both parties, which specifically states that it is an amendment to this Franchise and is approved and executed m accordance with the laws of the State of Washington Without limiting the generality of the foregoing, this Franchise (including, without limitation, Section 5 1 above) shall govern and supersede and shall not be changed, modified, deleted, added to, supplemented or otherwise amended by any permit, approval, license, agreement or other document required by or obtained from the City in conjunction with the exercise (or failure to exercise) by PSE of any and all rights, benefits, privileges, obligations or duties in and under this Franchise, unless such permit, approval, license, agreement or other document specifically 23 1 1 references this Franchise, and 23 12 states that it supersedes this Franchise to the extent it contains terms and conditions which change, modify, delete, add to, supplement or otherwise amend the terms and conditions of this Franchise In the event of any conflict or inconsistency between the provisions of this Franchise and the provisions of any such permit, approval, license, agreement or other document, the provisions of this Franchise shall control j 'ECTION24. TARIFFS. 241 Tins Franchise is subject to the provisions of any applicable tariff now or hereafter on file with the Washington Utilities and Transportation Commission or its successor, as construed by any court with jurisdiction on appeal or otherwise In the event of any conflict or mconsistency between the provisions of this Franchise and such tariff, the provisions of such tariff shall control 241 1 All notices of proposed applicable tanff adjustments, changes, alterations, and additions filed with the Washington Utilities and Transportation Commission by PSE shall be mailed concurrently to the City of Bremerton, to the attention of the Director of Public Works and Utilities SECTION25. PRIOR FRANCHISE SUPERCEDED. 251 This Franchise shall supersede all prior franchises granted to PSE or its predecessors by the City 11 Puget Sound Energy Franchise EXHIBIT A SECTION 26. SEVERABILITY 261 If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remazmng portion of this Ordinance and the same shall remain in full force and effect SECTION 27. EFFECTIVE DATE. 27.1 This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law APPROVED by the City Council thejZ day of Aterm 64 4 2003 PASSED by the City Council the day of 2003 CAROL ARENDS, Council President Approved this day of N0 �����' , 2003 CARY DOZE , Mayor ATTEST APPROVED AS TO FORM E S XEY, VIty Cl c R GER A LUBOVICH, Ci PUBLISHED theme,,_ day of 2003 EFFECTIVE the _,T j &Aj_ day of 2003 ORDINANCE NO _ ?S ' 12 Puget Sound Energy Franchise EXHIBIT A CITY COUNCIL CITY OF BREMERTON, WASHINGTON In the matter of the application of Puget Sound Energy, Inc, a Franchise Ordinance No 4875 Washington corporation, for a fiuncluse to construct, operate and maintain facilities in, upon, over under, along, across and through the francluse area of the ACCEPTANCE City of Bremerton, Washington WHEREAS, the City Council of the City of Bremerton, Washington, has granted a franchise to Puget Sound Energy, Inc , a Washington corporation, its successors and assigns, by enacting Ordinance No 4875, bearing the date of November 19, 2003, and WHEREAS, a copy of said Ordinance granting said franchise was received by the Puget Sound Energy, Inc on , 2003, from said City of Bremerton, Kitsap County, Washington NOW, THEREFORE, Puget Sound Energy, Inc., a Washington corporation, for itself, its successors and assigns, hereby accepts said Ordinance and all the terms and conditions thereof, and files this, its written acceptance, with the City of Bremerton, Kitsap County, Washington IN TESTIMONY WHEREOF said Puget Sound Energy, Inc has caused this written Acceptance to be executed in its name by its undersigned 2003 thereunto duly authorized on this day of ATTEST PUGET SOUND ENERGY, INC By Its Copy received for City of Bremerton on 2003 By Kathleen McCluskey, City Clerk RiLEGAL10rdhten=\PSE Frzwh=j DW 13 Pugd Sound EnerV Franchise f EXHIBIT A AFFIDAVIT OF PUBLICATION No 100083520 County of Kitsap. State of Washington I. Valerie Zoller, being first duly sworn on oath, deposes and says That she is now, and at all times embraced in the publication herein mentioned was the principal clerk of the printers and publishers of THE SUN, that said newspaper has been approved as a legal newspaper by order of the Superior Court of the County of Kitsap, in winch County it is published and is now and has been for more than six months prior to the date of the publication hereinafter referred to, published in the English language continually as a daily newspaper in Bremerton, Kitsap County, Washington, and is now and during all of said time, was printed in an office maintained in the aforesaid place of publication of said newspaper, that the following is a true text of a legal advertisement as it was published in regular issues (and not in supplement form) of said newspaper on the following dates, to wit November 25, 2003 and that such newspaper was regularly distributed to its subscribers during all of said period That the full amount of the fee charged for the foregoing publication is the sum of $44 44 amount has not been paid in full I (Signature of Principal Clerk) Subscribed and sworn to before ine this day of December 1, 2003 SAW e Lq • 03 Notary Public in and for the State of Washington, Kitsap County pe :30 a e as e � wasHlN� ORDINANCE NO 4875 AN ORDINANCE granting Puget Sound Energy, Inc , a Washington corporation, the right, privilege, authority and franchise to set, erect, construct, support, attach, connect and stretch Facilities between, maintain, repair, replace, enlarge, operate and use Facilities in, upon, over, under, along, across and through the Franchise Area for purposed of transmission, distribution and sale of energy for power, heat, light and any other purpose for winch energy can be used, and to charge and collect tolls, rates and compensation for such energy and such used APPROVED by the City Council the 12th day of November, 2003 - PASSED by the City Council the 19th day of November, 2003 - The full text of this ordinance is available from the City Clerk's Office, 239 Fourth Street, Bremerton, WA 98337 November 25, 2003• • #100083520' EXHIBIT A PSE . 6n,�( Office of the city Attorney Roger A. Lubovich, city attorney Tel 360.473 -2345 Fax 360- 473 -5161 238 4th Street Bremerton WA 88337 February 18, 2005 Linda Streissguth Puget Sound Energy 22884 Ryen Drive NW Poulsbo, WA 98370 RE Franchise Agreement Dear Linda It has been brought to my attention that the francluse agreement granted to PSE has two scrivener errors The first error is contained in "Section 16 Franchise Fee " The reference to "Subsection 22 2 below" should be changed to "Subsection 23 1 below " The second error is contained in "Section 19 Repair and Emergency Work " The reference to "Section 2 6" should be changed to "Section 2 5 " You and I previously discussed acknowledging the corrections without a formal amendment of the Franchise since the errors are typographical and not substantive in nature If you agree, please sign below and return this letter to me for inclusion in the City's Franchise file oger A Lu ich " nda Streissguth City Attorney RAL tvs i 0 EXHIBIT A 1 CITY COUNCIL CITY OF BREMERTON, WASHINGTON In the matter of the application of Puget Sound Energy, Inc , a Franchise Ordinance No. 4875 Washington corporation, for a franchise to construct, operate and maintain facilities in, upon, over under, along, across and through the franchise area of the ACCEPTANCE City of Bremerton, Washington WHEREAS, the city Council of the city of Bremerton, Washington, has granted a franchise to Puget Sound Energy, Inc, a Washington corporation, its successors and assigns, by enacting Ordinance No. 4875, bearing the date of November 19, 2003, and WHEREAS, a copy of said Ordinance granting said fanchise was recelved by the Puget Sound Energy, Inc. on - bCc. 1 Z - }t- 2003, from said City of Bremerton, Kitsap County, Washington NOW, THEREFORE, Puget Sound Energy, Inc., a Washington corporation, for itself, its successors and assigns, hereby accepts said Ordinance and all the terms and conditions thereof, and files this, its written acceptance, vvith the City of Bremerton, Kitsap County, Washington IN TESTIMONY WHEREOF said Puget Sound Energy, Inc. has caused this written Acceptance to be executed in its name by its undersigned m Q 9 &,# A rvxa " thereunto duly authorized on this -L of g-e rn b e r- 2003 ATTEST PUGET SOUND ENERGY, INC By Attest: Its t e a re CdM o� � . Copy jeceived for City of Bremerton on 2003 BY ► een MCCI ey, City Clem 1LU.E0AL1 ME Frawb el.noC 13 Puget Sound Exergp Fronchhe AGENDA BILL wSIF CITY OF BREMERTON CITY COUNCIL ................................... ............................... 0 0 M M 0 0 0 0 0 0 2 0 0 E 0 N 8 a a 0 0 1 SUBJECT Resolution No 3206 to Study Session Date October 23, 2013 Establish January 15, 2014 as a revised COUNCIL MEETING Date November 6, 2013 Public Hearing date to Vacate Right -of -Way Department Public Works & Utilities for the Park Plaza Project Presenter Chal Martin Phone 360 473 5920 SUMMARY Resolution 3204 established November 6, 2013 as the hearing date for vacations associated with the Park Plaza Project Coordination with utility agencies has not been completed, and so the hearing date must be postponed The City of Bremerton initiated the partial vacation in both the alley and 4 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 4 Streets The 4 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 4 Streets ATTACHMENTS 1 Resolution No 3206, 2 Engineering Staff Report, 3 Exhibit Drawing FISCAL IMPACTS (Include Budgeted Amount) None STUDY SESSION AGENDA ❑x No Presentation ❑ Full Presentation STUDY SESSION ACTION © Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION Move to pass Resolution No 3206 establishing January 15, 2014 as a revised Public 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 1 I RESOLUTION NO 3206 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) 1120 080 as part of the Park Plaza Project, and WHEREAS, that portion of Park Avenue between Burwell and 4 th Street was never properly dedicated as right of way with the transfer of the property to the City in 1967, and WHEREAS, on October 2, 2013 the City Council passed Resolution No 3204 establishing a public hearing on this matter for November 6, 2013, but that the public hearing should be rescheduled to January 15, 2014 in order to better coordinate with the utilities located in Park Avenue, 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 January 15, 2014, at 5 30 p in 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 Severabihty If any one or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect SECTION 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 Vacation of Right of Way for Park Plaza Project — Resolution 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 3456 th 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 /4 Streets and Park/Pacific Avenues 2 The South 12 feet of 4 th 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 4 th 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 4 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 4 th 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 4 th 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 4 th 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 4 th Street as right of way September 2013 ROW Corrections with Park Plaza Development Page 1 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 N/A N/A • Pavement Width 14 feet/38 feet 10 feet/38 feet • Surface Type Concrete Asphalt/Concrete • Curb and Gutter Yes Yes • Sidewalks Yes Yes HEARING CONSIDERATIONS BMC 1120 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 4 th 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 4 th 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 4 th Street are all classified as local streets September 2013 ROW Corrections with Park Plaza Development Page 2 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 3 of 5 AGENDA BILL 54 CITY OF BREMERTON CITY COUNCIL .. ............................... 0 0 E E N E ...... 0 E E H M a .0000 ■ 0. 0 0. 0. i 0 0 N E 0 0 0 0 0 M 0 0 .. 0... 0 0 0 X 1 SUBJECT Acceptance of 2014 Grant from Study Session Date October 23, 2013 Washington State Office of Public Defense COUNCIL MEETING Date November 6, 2013 (OPD) Department Municipal Court Presenter Dawn Nelson Phone 473 -5242 SUMMARY The Bremerton Municipal Court applied to the Office of Public Defense for a grant and was awarded a grant in the amount of $15,000 00 This money is intended to be used for improvements including continuing to adjust pay compensation for contracted attorneys, adding attorneys to reduce public defense caseloads, and complying with the new Supreme Court Public Defense Standards ATTACHMENTS Letter of Acknowledgment and Face Sheet FISCAL IMPACTS (Include Budgeted Amount) The OPD funding is a revenue source for $15,000 to be used directly for Public Defense in the City of Bremerton Municipal Court These monies will be fully expended as part of the 2014 Public Defense Contract There are no matching funds needed STUDY SESSION AGENDA ❑x No Discussion ❑ Full Presentation STUDY SESSION ACTION ❑x Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION r Move to accept the grant from the Office of Public Defense COUNCIL ACTION ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 11/02/12 1 ! B9 WASHINGTON STATE (360) 586 -3164 Intemet Email opd c@opd wa gov OFFICE OF PUBLIC DEFENSE FAX (360) 586 -8165 October 1, 2013 i Dawn Nelson Court Admnustrator Bremerton Municipal Court 550 Park Avenue Bremerton, WA 98337 Re- Chapter 10 10 1 RCW Application for City Grant Funds Dear Ms Nelson The Washington State Office of Public Defense (OPD) is pleased to announce the award of RCW 10 101 080 City Grant funds to the City of Bremerton The award is $15,000 for use in 2014 Enclosed is a short Grant Agreement for your review and signature by an authorized representative of the City of Bremerton The signed Grant Agreement should be returned to OPD by October 31, 2013 A conformed copy will be sent to you for your records A copy of OPD's policy on authorized uses is enclosed The grant funds will be mailed to you in mid- December If you want the check mailed to a different person or office, please let us know If the City of Bremerton uses state BARS coding, these grant funds should be received under BARS revenue code 334 012X, Chapter 10 10 1 RCW requires cities awarded funds to demonstrate to OPD that they are either meeting the public defense standards referenced in RCW 10,10103 0, or that the funds received are used to make appreciable demonstrable improvements in the delivery of public defense services In addition, the Washington Supreme Court has adopted statewide Standards for Indigent Defense and Attorney Certification of Compliance OPD's Public Defense Services Managers are available to assist the city and its public defense attorneys in implementing the Supreme Court requirements, including the misdemeanor caseload limits scheduled to become effective January 2015 Please feel free to contact Katrin Johnson or Kathy Kuriyama at (360) 586 -3164 ext 108 and 114 respectively We look forward to receiving the city's mid -year report in July 2014 (as required in the Grant Agreement), as well as visiting your program at least one time during the year Sincerely, J Director Enclosures c Judge James Doctor, Bremerton Municipal Court - - - - - -- - - 711 Way South - Suite 106 o -P 0 -Box-40957- - Olympia, Washington- 98504 -0957 - - Grant Agreement No. GRT14197 i FACE SHEET WASHINGTON STATE OFFICE OF PUBLIC DEFENSE 1 Grantee 2. Grantee Representative City of Bremerton Dawn Nelson 345 6th Street, Suite 600 Court Administrator Bremerton, WA 98337 Bremerton Municipal Court 550 Park Avenue Bremerton, WA 98337 3 Office of Public Defense (OPD) 4 OPD Representative 711 Capitol Way South, Suite 106 Joanne I Moore PO Box 40957 Director Olympia, WA 98504 -0957 Office of Public Defense 711 Capitol Way South, Suite 106 PO Box 40957 Olympia, WA 98504 -0957 5 Grant Amount 6 Grant Period $15,000 January 1, 2014 through December 31, 2014 7 Grant Purpose The Chapter 10101 RCW city grants are competitive grants for the purpose of improving the quality of public defense services in Washington municipalities See Chapter 10101 RCW ) The Office of Public Defense (OPD) and Grantee, as defined above, acknowledge and accept the terms of this Grant and attachments and have executed this Grant on the date below to start January 1, 2014 and end December 31, 2014. The rights and obligations of both parties to this Grant are governed by this Grant and the following other documents incorporated by reference Special Terms and Conditions of the City Grant and General Terms and Conditions of City Grant FOR THE GRANTEE FOR OPD Name, Title Joanne I Moore, Director Date Date I i AGENDA BILL 6,4 CITY OF BREMERTON CITY COUNCIL ■0 0 0 0 0 0 0 0 aa0 0 0 0 0 0 0 aa0 aaaaaaaaaaaaaaaaa0 0 0 0 0 0 0 ■■ aaaa0aa0 a0 0 0 0 aa0 0 0 0 0 0 a0 0 0 0 0 aaaa0 a0 a0 aa0 0 1 SUBJECT Approve Letter of Agreement Study Session Date 8/28/13 & 9/25/13 and Lease for Pendergast Park Soccer Field COUNCIL MEETING Date 9/18/13, 10/2/13, 11/6/13 with West Sound FC Premier Soccer Club Department Parks and Rec Presenter Wyn Birkenthal Phone (360) 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 Public hearings have been held to take public comment on September 18 and October 2, 2013 The action before Council is approval of the Letter of Agreement and Lease of Pendergast Soccer Field with West Sound FC Premier Soccer Club 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 ❑X No Presentation ❑ Full Presentation STUDY SESSION ACTION ❑ Consent Agenda ❑x General Business ❑ Public Hearing RECOMMENDED MOTION September 18, 2013 — 1 st Public Hearing (No Action) October 2, 2013 — 2nd Public Hearing (No Action) November 6, 2013 (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 5 2013 CITY OF BREMERTON WESTSOUND FC PREMIER SOCCER CLUB By Patty Lent By Its Mayor Its Date 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 EXHIBIT A PENDERGAST SOCCER FIELD LEASE THIS LEASE AGREEMENT (hereinafter "Lease ") is between the CITY OF BREMERTON, a municipal corporation of the State of Washington, with offices located at 345 6th Street, Suite 600, Bremerton, Washington 98337 (hereinafter "City "), and WESTSOUND FC PREMIER SOCCER CLUB, a non - profit corporation, (hereinafter "Lessee ") 1 PROPERTY 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 ") 12 Survey, Maps, and Plans Lessee is not relying upon and the City is not making any representations about any survey, plat, diagram, and /or legal description provided by the City 1 3 Acceptance of Property The City makes no representation regarding the condition of the Property, or the improvements located on the Property Lessee has examined the Property and accepts it in its present condition 2 USE 21 Permitted Use The Property shall be used for soccer or compatible sports, practice, games, and tournaments, and for concessions to service the aforementioned uses (the "Permitted Use ") and for no other business or purpose, without the prior written consent of the City The Property shall not be used for illegal purposes It is agreed that this lease shall not be construed as the City's waiver of land use or building code provisions that would otherwise apply to any improvements or uses of the site The Lessee is responsible for scheduling the Property including fields and lighting It is understood by the parties that the Lessee will work cooperatively with the City to establish guidelines outlining field use priority for school teams, current users of the Pendergast soccer fields, Bremerton based organizations, etc Lessee shall be entitled to revenue derived from field and light rental and concession proceeds, with the exception of the consideration to the City Lessee shall allow for community access for use of the Property by non - members at reasonable times and rates not to exceed averages for similar artificial turfed soccer facilities in the Kitsap- Pierce County area Scheduling priority for non - member usage will be in the following order 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 1 Pendergast Soccer Field Lease EXHIBIT A 22 Parking Lot Along with use of the Property, Lessee shall be entitled to the non- exclusive use of the lighted parking area so described in Exhibit B, attached hereto and incorporated by this reference herein 23 Conformance with Laws Lessee shall, at all times, keep current and comply with all conditions and terms of any permits, licenses, certificates, regulations, ordinances, statutes, and other government rules and regulations regarding its use or occupancy of the Property 24 Liens and Encumbrances Lessee shall keep the Property free and clear of any liens and encumbrances arising out of or relating to its use or occupancy of the Property At the City's request, Lessee shall furnish the City with written proof of payment or any item which would or might constitute the basis for such a lien on the leased Property if not paid 25 Use Restrictions The Lessee shall not carry on upon the demised Property, any trade or activity, which would constitute a nuisance or hazard to the public, and shall not substantially deviate from its announced and original use of the property, without consultation and consent from the City 26 Alcohol No alcohol is to be served or consumed on the leased Property unless authorized by BMC 13 04 140 3 TERM 3 1 Term The term of this Lease is fifteen (15) years (the "initial term "), beginning on the day of , 20 (the "commencement date "), and ending on the day of , 20 (the "termination date "), unless terminated sooner under the terms of this Lease 32 Extension of Term Prior to the expiration of the Initial term of this lease, Lessee may request to extend the term of this lease in the event Lessee desires to replace the artificial turf on the play fields in order to amortize the cost A request to extend the term of the lease must be made prior to installation of the artificial turf Any extension is subject to mutual agreement of the parties regarding the lease payment and other terms and conditions and is further subject to City Council approval There is no guarantee of an extension of the term of this lease beyond the initial term 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 2 Pendergast Soccer Field Lease EXHIBIT A 4 CONSIDERATION 41 Lease Payment During the Initial Term of this lease, Lessee shall pay to the City a monthly lease payment of nine hundred nineteen dollars and 75/100 ($919 75) based on the factors as set forth in Exhibit C, attached hereto and incorporated by this reference herem ( "lease payment ") The first installment shall be due and payable on or before the commencement date, and subsequent installments shall be due and payable on or before the same day of each month thereafter Lessee shall also pay Leasehold Excise Tax set forth in Section 4 2 below The lease payment shall be adjusted by the Consumer Price Index (CPI) as set forth in Section 4 3 below 42 Leasehold Tax Lessee agrees to pay the leasehold excise tax on the lease payment pursuant to Chapter 82 29A RCW currently in the amount of 12 84 percent and as may be adjusted pursuant to Ch 82 29A RCW 43 Consumer Price Index (CPI) Adjustment The lease payment will be adjusted by the Consumer Price Index (CPI) for All Urban Consumers (CPI -U) as published by the United States Department of Labor for Seattle- Tacoma - Bremerton For purposes of the CPI adjustment, the base shall be the June 2012 CPI index The CPI adjustment shall occur on the following January I" of each year during the term of this Agreement In no instance shall the adjustment be negative In addition, Lessee agrees to pay when due, the leasehold excise tax, or any additional assessments thereto, with respect to any payment or obligation hereunder, which is deemed by the State of Washington to be taxable rent under said chapter and to indemnify and hold the Lessor harmless from the same 44 Payment Lessee shall pay quarterly to the City by the fifteenth day of the month following the end of each quarter, or as otherwise required by the State of Washington, the amount of the leasehold tax owing Lessee may prepay these quarterly payments on a semi- annual or annual basis or as otherwise approved by the City 45 Payment Place Payment is to be made to the City of Bremerton, Attn Department of Financial Services, 345 6 Street, Suite 600, Bremerton, Washington 98337 5 UTILITIES MAINTENANCE AND TAXES During the Term, Lessee shall pay the following additional expenses 5 1 Utilities Lessee shall pay all fees charged for utilities in connection with the use and occupancy of the Property, including but not limited to electricity, stormwater, water, gas, and telephone service In addition, Lessee shall pay City the following Soccer field lighting controller $500 per year Lighting maintenance (parking lot) $1,000 per year Parking lot maintenance & repair $1,000 per year These annual expenses to the City shall be made in equal monthly payments in conjunction with the lease payment These payments shall be adjusted by the Consumer Price Index (CPI) as set forth in Section 4 3 above 52 Taxes Lessee shall be liable for, and shall pay, throughout the term of this lease before delinquency, all license and excise fees and occupation taxes covering the business conducted on the Property and taxes that may be on leasehold improvements created under this lease agreement 3 Pendergast Soccer Field Lease EXHIBIT A 5 3 Proof of Pa ment 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 61 Late Charge If any rental payment is not received by the City within ten (10) days of the date due, Lessee shall pay to the City a late charge equal to four percent (4 %) of the amount of the lease payment due to defray the overhead expenses of the City incident to the delay 62 Interest Penalty for Past Due Lease Payments and Other Sums Owed If a Lease Payment is not paid within thirty (30) days of the date due, then Lessee shall, in addition to paying the late charges determined under Subsection 6 1, above, pay interest on the amount outstanding at the rate of one percent (1 %) per month until paid If the City pays or advances any amounts for or on behalf of Lessee, including but not limited to leasehold taxes, taxes, assessments, insurance premiums, costs of removal and disposal of unauthorized materials, costs of removal and disposal of improvements pursuant to Section 7 below, or other amounts not paid when due, Lessee shall reimburse the City for the amount paid or advanced and shall pay interest on that amount at the rate of one percent (1 %) per month from the date the City notifies Lessee of the payment or advance unless Lessee has contested any amount due pursuant to Section 5 3 above 63 No Counterclaim, Setoff, or Abatement of Rent Except as expressly set forth elsewhere in this Lease, rent and all other sums payable by Lessee pursuant to this Lease shall be paid without the requirement that the City provide prior notice or demand, and shall not be subject to any counterclaim, setoff, deduction, defense or abatement 7 IMPROVEMENTS 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 72 Soccer Fields Lessee agrees to make capital improvements to (2) soccer fields by upgrading sand fields to artificial turf fields Plans for permanent improvements shall be approved in writing by the City in advance 4 Pendergast Soccer Field Lease EXHIBIT A 73 Restrooms The parties agree that permanent restroom facilities in proximity to the soccer fields are needed and agree to work cooperatively toward the development of restrooms In the interim the Lessee shall be responsible for the provision of portable chemical toilets as needed to meet public health requirements and user convenience And the City shall continue to maintain the pit toilet located at the parking area until this toilet is no longer needed 74 Signs No signs or other advertising material shall be attached to or painted on or within the leased Property without the approval of the City, except warning signs, advertising on perimeter fencing, facility rules and regulations, signs identifying the name of the Property and facilities at the Property At the termination, or sooner expiration of this lease, all such signs or advertising material attached to or painted by the Lessee shall be removed by Lessee at its own expense, and Lessee shall repair any damage or injury to the Property, and correct any unsightly condition, caused by maintenance and removal of said signs 75 Construction Lessee is responsible for permitting, design, construction and maintenance of improvements Prior to Lessee commencing any construction, alteration, replacement, removal or mayor repair of any improvements (whether City -Owned or Lessee - Owned), Lessee shall submit to the City plans and specifications which describe the proposed activity Construction shall not commence until the City Director of Parks and Recreation Department or the Director of Community Development, as applicable, for permitting purposes, or their designee) has approved those plans and specifications in writing The City shall have thirty (30) days in which to review the proposed plans and specifications The plans and specifications shall be deemed approved and the requirement for the City's written consent shall be treated as waived, unless the City notifies Lessee otherwise within the thirty (30) days Upon completion of construction, Lessee shall promptly provide the City with as -built plans and specifications The City's consent and approval shall not be required for any routine maintenance or repair of improvements made by the Lessee pursuant to its obligation to maintain the Property in good order and repair that does not result in the construction, alteration, replacement, removal, or mayor repair of any improvements on the Property The provisions of this section do not obviate any permit requirements that may apply to the proposed activity 76 Unauthorized Improvements Improvements made on the Property without the City's prior consent pursuant to Subsection 7 4 or which are not in conformance with the plans submitted to and approved by the City ( "Unauthorized Improvements ") shall immediately become the property of the City, unless the City elects otherwise Regardless of ownership of Unauthorized Improvements, the City may, at its option, require Lessee to sever, remove, and dispose of them, charge Lessee rent for the use of them, or both If Lessee fails to remove an Unauthorized Improvement upon request, the City may remove it and charge Lessee for the cost of removal and disposal 8 HAZARDOUS SUBSTANCES — INDEMNITY 8 1 Lessee shall mdemmfy and hold harmless the City from and against any and all claims, demands, damages, losses, liens, liabilities, penalties, fines, lawsuits, and costs and expenses which accrue to or are incurred by the City which arise directly or indirectly from the discovery or cleanup of hazardous substances from the Property which are deposited on the Property during the term of this Lease City shall indemnify and hold harmless the Lessee from and against any and all claims, demands, damages, losses, liens, liabilities, penalties, fines, lawsuits, and costs and expenses which involve the placement of hazardous substances upon the 5 Pendergast Soccer Field Lease EXHIBIT A Property prior to or after the termination or expiration of this lease The provisions of this section shall survive the termination or expiration of this Lease 82 Hazardous substance shall mean any waste or material defined or designated as hazardous, toxic or dangerous by any federal, state or local statute, regulation or ordinance presently in effect or adopted during the term of this Lease 9 ASSIGNMENT AND SUBLETTING 91 City Consent Required Except for field use rentals and related concession rentals, Lessee shall not sell, convey, mortgage, assign, pledge, sublet, or otherwise transfer or encumber all or any part of Lessee's interest in this Lease or the Property without the City's prior written consent, which may not be unreasonably withheld by the City In the event of such consent, each permitted transferee shall assume all obligations under this Lease, including the any lease payment No assignment, sublet, or transfer shall release, discharge, or otherwise affect the liability of Lessee 92 Lease Payments Following Assignment The acceptance by the City of any lease payment following an assignment or other transfer shall not constitute consent to any assignment or transfer 93 Renting of f 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 101 The City shall not be liable for any injury to any person or for any loss of or damage to any property (including property of Lessee) occurring in or about the leased Property or the buildings thereon and caused by or resulting from any act or omission by Lessee, any officer, agent, employee, guest, invitee, or visitor of Lessee, and, during the full term hereof, Lessee agrees and covenants to indemnify, defend, and hold harmless the City and those persons who were, now are, or shall be duly elected or appointed officials or members or employees or agents thereof, against and from any loss, damage, costs, charge, expense, liability, claim, demand, or judgments of whatsoever kind or nature (including attorney's fees and costs) whether to persons or property, to the extent arising on said Property, in or on said building(s), or on any areas adjoining the same, which is under the control or use of Lessee pursuant to this Lease and arising out of or in connection with Lessee's use and occupancy of said Property City agrees and covenants to indemnify, defend, and hold harmless the Lessee, its officers, employees, and agents thereof, against and from any loss, damage, costs, charge, expense, liability, claim, demand, or judgment of whatsoever kind or nature whether to persons or property, arising out of or in connection with the City's negligence in its performance under this Agreement 102 Should a court of competent jurisdiction determine that this Lease is subject to RCW 4 24 115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of Lessee and the City, its officers, officials, employees, and volunteers, the Lessee's liability hereunder shall be only to the extent of the Lessee's negligence 10 3 IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE LESSEE'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51, RCW SOLELY FOR THE 6 Pendergast Soccer Field Lease EXHIBIT 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 1 112 Lessee's Property Insurance Lessee shall purchase and maintain for the term of the lease, property insurance covering any improvements to the premises for their full replacement value 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 114 Subro ag tion 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 121 The Crt s Repairs The City shall not be required to make any alterations, maintenance, replacements, or repairs in, on, or about the Property, or any part thereof, during the term 122 Lessee's Repairs, Alteration, Maintenance and Replacement (a) Lessee shall, at its sole cost and expense, keep and maintain the Property and all improvements (regardless of ownership) in good order and repair, in a clean, attractive, and safe condition (b) Lessee shall, at its sole cost and expense, make any and all additions, repairs, alterations, maintenance, replacements, or changes to the Property or to any improvements on the Property which may be required by any public authority (c) All additions, repairs, alterations, replacements or changes to the Property and to any improvements on the Property shall be made in accordance with, and ownership shall be governed by, Section 7, above 7 Pendergast Soccer Field Lease EXHIBIT A 13 DAMAGE OR DESTRUCTION 13 1 In the event of any damage to or destruction of the Property or any improvements, Lessee shall promptly give written notice to the City 132 In the event fire, storm, earthquake or other cause does damage to the improvements on the demised Property, the Lessee may elect to make such repairs as are necessary to restore improvements to a safe, neat and useable condition Otherwise, the City may elect to terminate this lease by giving notice to the Lessee in writing if the Property is not restored within a reasonable time after the date of the casualty City will be responsible for repairing City -owned improvements, roads, parking, and utilities as elsewhere within the park If the park should be abandoned because of severe damage, then the lease shall be terminated and the Lessee may remove the artificial turf and Lessee's improvements that are not permanently affixed to the Property 132 Unless this Lease is terminated, there shall be no abatement or reduction in rent due to any damage or destruction of the Property 14 DEFAULT AND REMEDIES 141 Acts Constituting Default Lessee shall be in default of this Lease on the occurrence of any of the following (a) Failure to pay Rent or other expenses when due, (b) Failure to comply with any law, regulation, policy, or order of any lawful governmental authority, (c) Failure to comply with any other provision of this Lease, (d) Failure to cure a default pursuant to Section 14 2 below, or (e) Proceedings are commenced by or against Lessee under any bankruptcy act or for the appointment of a trustee or receiver of Lessees' property 142 Failure to Cure A default shall become an event of default ( "Event of Default ") if Lessee fails to cure the default within thirty (30) days after the City provides Lessee with written notice of default, which specifies the nature of the default 143 City's Remedies upon Default Upon an Event of Default, the City may terminate this Lease and remove Lessee by summary proceedings or otherwise The City may also, without terminating this Lease, relet the Property on any terms and conditions as the City in its sole discretion may decide are appropriate If the City elects to relet, rent received by it shall be applied (1) to the payment of any indebtedness other than rent due from Lessee to the City, (2) to the payment of any cost of such relettmg, (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 relettmg 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 relettmg elect to terminate this Lease for the previous Event of Default 8 Pendergast Soccer Field Lease EXHIBIT A 15 ENTRY BY THE CITY The City shall have the right to enter the Property at any reasonable hour to inspect for compliance with the terms of this Lease upon twenty -four (24) hours notice The City and /or City's agents shall comply with all of Lessee's work safety rules and restrictions, including but not limited to following Lessee's warning instructions and, without prior approval of the Lessee, keep out of restricted areas of the Property due to pesticide, fertilizer, and other chemical and hazardous substance exposures on the Property 16 NOTICE Any notices required or permitted under this Lease may be personally delivered, delivered by facsimile machine, or mailed by certified mail, return receipt requested, to the following addresses or to such other places as the parties may direct in writing from time to time The City City of Bremerton Attn Director of Parks and Recreation 680 Lebo Boulevard Bremerton, Washington 98310 Lessee WestSound FC Soccer Club P O Box 828 Silverdale, WA 98383 A notice shall be deemed given and delivered upon personal delivery, upon receipt of a confirmation report if delivered by facsimile machine, or three (3) days after being mailed as set forth above, whichever is applicable 17 MISCELLANEOUS 17 1 Authority Lessee and the person or persons executing this Lease on behalf of Lessee represent that Lessee is qualified to do business in the State of Washington, that Lessee has full right and authority to enter into this Lease, and that each and every person signing on behalf of Lessee is authorized to do so 172 Successors and Assigns This Lease shall be binding upon and inure to the benefit of the parties, their successors and assigns 173 Entire Agreement This Lease, including the exhibits and addenda, if any, contains the entire agreement of the parties All prior and contemporaneous agreements, promises, representations, and statements relating to this transaction or to the Property, if any, are merged into this Lease 174 Waiver The waiver by the City of any breach or default of any term, covenant, or condition of this Lease shall not be deemed to be a waiver of such term, covenant, or condition, of any subsequent breach or default of the same, or of any other term, covenant, or condition of this Lease The City's acceptance of a rental payment shall not be construed to be a waiver of any preceding or existing breach other than the failure to pay the particular rental payment that was accepted 175 Cumulative Remedies The rights and remedies of the City under this Lease are cumulative and in addition to all other rights and remedies afforded to the City by law or equity or otherwise 9 Pendergast Soccer Field Lease EXHIBIT A 17 6 Time is of the Essence TIME IS OF THE ESSENCE as to each and every provision of this Lease 177 Invalidiiy If any provision of this Lease shall prove to be invalid, void, or illegal, it shall in no way affect, impair, or invalidate any other provision of this Lease 178 Applicable Law and Venue This Lease shall be interpreted and construed in accordance with the laws of the State of Washington Any reference to a statute shall mean that statute as presently enacted or hereafter amended or superseded Venue for any action arising out of or in connection with this Lease shall be in the Superior Court for Kitsap County, Washington 179 Attorneys' Fees In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney's fees 1710 Entire Agreement —Amendments This agreement constitutes the whole agreement between the City and Lessee There are not terms, obligations, covenants or conditions other than those contained herein No modification or amendment of this agreement shall be valid and effective without the written consent of both parties 17 11 Survival of Covenants The covenants contained herein survive the termination or expiration of the Lease for the applicable statute of limitation periods 17 12 Quiet Enjoyment The City covenants and agrees that Lessee, upon performing the terms and conditions of the Lease, may peacefully hold and enjoy the Property during said term without any interruption by the City, its successors or assigns City will use its best efforts not to interfere with Lessee's business or right of access to and from the Property during the term of this Lease 17 13 Non - Discrimination The Lessee shall operate the Property in such a fashion to insure that no person is discriminated against on the basis of sex, national origin, race, creed or color In addition, Lessee shall assure that no qualified person with a disability shall be discriminated against in access to and use of the facility 17 14 Recording of Short Form Lease Neither the City nor Lessee may record this Lease without the other's prior approval, but the parties will at any time at the request of either party promptly execute duplicate originals of an instrument, in recordable form, which will constitute a short form of this lease, setting forth a description of the Property, the terms of this lease and other provisions hereof, except the rental and other provisions as either party may request, which may be recorded 17 15 Duplicate Originals This Lease Agreement may be executed in duplicate originals THIS AGREEMENT requires the signature of all parties and is executed as of the date of the last signature below CITY OF BREMERTON WESTSOUND FC PREMIER SOCCER CLUB By Patty Lent By Its Mayor Its Date Date 10 Pendergast Soccer Field Lease EXHIBIT A APPROVED AS TO FORM Roger A Lubov>ch, 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 to the instrument WITNESSETH my hand and seal this day of , 201_ NOTARY PUBLIC to 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 11 Pendergast Soccer Field Lease EXHIBIT A AES CONSULTANTS, INC PROFESSIONAL. LAND SURVEYORb PO MA 910 3 472 N %% LOWF] l OLD r0%% NF - S1U`ERDAi F UA 9XI83 - 16L"92 6 400 - FAX 760 692 892; LEASE LEGAL DESCRIP'T'ION WESTSOUND FC PENDERGAST REGIONAL PARK THA F PORTION OF 1 HE SOUTHEAST QUARTER OF TI IF. SOUTHWEST QUARTER AND THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 21, 1 OWN-SHIP 24 NORTH, RANGF. 1 EAST, W.M , IN THE CITY OF BREMERTON, KITSAP C'OUN 1 WASIIINGTON, DESCRIBED AS FOLLOWS BEGINNING AT THE SOUTHEAST CORNER OF THE NORTH QUARTER OF 1 Hh SOUTH! -AST QUARTER OF THE SOU! I1WEST QUARTER OF SAID SECTION 21, 1 HhNCE NORTH 88 °45'57" WEST ALONG THE SOUTH LINE THF.RFOF 555 05 FEET, TfIhNCI' NORTH 1 EAST 415.45 FEET, THENCE NORTH 67 °03'20" FAST 143 74 FFI-1 TO THE SOU TII FACE OF AN EXISTING CONCRETE CURB, THENCE SOUTH 88° 01'56" hAST ALONG SAID CURB AND ITS EASTERLY EXTENSION 424 66 FEET TO THE EAS I LINE OF THIS NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 21, THENCE SOUTH 1 °59'33" WEST ALONG SAID LINE AND ITS SOOTHCRLY hXThNSION 468 89 FEET TO THE POINT OF BEGINNING CON 1 AIMING 5 93 ACRFS. MORE OR LESS 3 -15 -2013 ee�° ooB� SHO #" E p�,°., s M O • �O SW 114, Section 21, Twp. R,ng.1E., W M- 6 Line follows South Edge of a� 1 Concrete Curb N dE S88&01'56 "E I I N6 ?• 424 66' - I lk I 1 ' Ia; 1 ; I IVI i0 rF 1 1 1 1 2 I I I W I G a 1 ap I v � I ccepp i .0 1 io �0� I 1 lo+ �0� j tl� i � PQQpt Q i j p.QQpt Q I I i h I 1 1 I I I I L ----------- - - - - - -� ------------- - - - - -J 555.05' N88'4557 W SE Comer ���'' �`�;'• E O TC N114, SE1/4, ; • v, I Q of s;, SW1 /4, 2 0 � o •� . S y.1PZ013 a�i X0 aooaa°oaao SCALE 1`--100' 8 AE IFA qFC DWId BY: CI�C. BY: EMINT B J M. S E O CONSULTANTS INC » FOR one. ,roe NO. W M E aL II MI . YIlESTSOUN 3115113 5708 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 750% ANNUAL LAND LEASE $11,037 CONCESSION CALCULATION ANNUAL LAND LEASE $11,037 per year SOCCER FIELD LIGHTING CONTROLLER $500 per year LIGHTING MAINTENANCE (PARKING LOT) $1,000 per year PARKING LOT MAINTENANCE & REPAIR $1,000 per year TOTAL CONCESSION AMOUNT $13,537 per year BREMERTON PARKS AND RECREATION COMMISSION 680 LE BO BOULEVARD • BREMERTON WA 98310.5841 TEL 360 473 5305, FAx 360 473 5882 • www a Bremerton wo us z "Commiffe�fo »rictii »fir .Ci fe in �remerfo »" September 24, 2013 To Bremerton City Council and Mayor Patty Lent RE Advisory Report on pending lease of the soccer fields at Pendergast Regional Park to WestSound FC Per the procedures contained within "The Ordinance Providing Protection for Bremerton's Parks, Play Fields, Open Spaces and Recreation Facilities" (BMC 13 12), the Bremerton Parks and Recreation Commission is pleased to present this Advisory Report on the proposed lease of the outdoor soccer fields located at Pendergast Regional Park for your consideration. The Parks and Recreation Commission has reviewed the proposal to lease the two outdoor soccer fields located at Pendergast Regional Park to WestSound FC and believe that it is in the best interest of the City and the Parks and Recreation Department to proceed with this lease We find that this lease would improve the soccer fields to the quality level (all weather artificial turf surfacing) that was initially envisioned for these fields and that the recreational needs of the residents of Bremerton would be better served We also do not find that this lease would constitute a "Significant Change in Use"* of this portion of the park *A Significant Change in use shall mean any activity which does not compliment or support a recreational activity (BMC 13 12 030) In its review, the Commission has considered this proposal at two of its regularly scheduled Commission meetings • January 24, 2013 Meeting Presentation and discussion on Proposed Lease and Improvements to Pendergast Soccer Fields • April 23, 2013 Meeting Presentation and discussion of the draft Pendergast Soccer Field Lease and Memo of Understanding Motion was made to approve the Lease and Memo of Understanding as discussed with the Commission and recommend it to City Council Wheeler /Smidt (M/S/U) • May 25, 2013 Meeting Presentation and discussion of the final draft proposed lease and letter of understanding including the addressing of comments from the City Council's June 5, 2013 Study Sessions Ju • September 24, 2013 Meeting Discussion was held regarding the outstanding issues of public access and Olympic Soccer and Sports Center owner group support for the lease agreement A motion was made to approve the Advisory Report on the Pendergast Soccer Field Lease to WestSound FC and to forward it to the Mayor and City Council Dollar/Watson (M/S/U) If you have any questions, the Commission is ailable o on i , Eh "Sunny" Wheeler Ro olk Ri6hard olleen Smidt Chnstopher Warthen GfI atrick Watson i 1 From Mike Hoyt <mhoytl6@wavecable com> Sent Saturday, October 05, 2013 8 34 AM To City Council Subject Pendergast Soccer Fields Council President Wheeler and members of the Bremerton City Council, I understand that WestSound FC is working with the City to replace the dirt soccer fields at Pendergast with turf As a soccer player, coach, referee, and the Vice President of Kitsap Adult Soccer League (KASQ, I fully support this venture There are not enough turf fields in Kitsap County to support the growing need KASL would definitely be interested in the ability to rent turf fields at Pendergast Our County has a hard time drawing or putting on any big soccer tournaments due to a lack of quality turf fields We used to utilize the Pendergast dirt fields Trying to stripe a dirt field was a mayor challenge When it was dry and you kicked the ball, your opponent or you got a face full of dry sand When it was wet, and you kicked the ball, your opponent or you got a face full of wet sand that often stuck to your face Please let me know how I can help in converting Pendergast to turf v/r Michael Hoyt 360 - 689 -7833 1 From Lori Smith on behalf of City Council Sent Wednesday, September 18, 2013 3 50 PM To 'Janusch, Barry Cc City Council Subject RE Citizen Letter - Support for Pendergast Regional Park Soccer Fields (Barry Janusch) Mr Janusch, Thank you for your letter of support, which has been provided to President Wheeler and Members of the Bremerton City Council for their review and consideration A copy of your letter was also provided to Mayor Lent and the Parks Director, and a copy will also be included in the record It is appreciated that you took the time to submit your comments Lori Smith Legislative Assistant Bremerton City Council (360) 473 -5280 From. Janusch, Barry [ mailto bjanuschftlympic edu Sent Wednesday, September 18, 2013 2 05 PM To City Council Subject Pendergast Regional Park Soccer Fields Dear Council President Wheeler and Members of the Bremerton City Council, Thank you for taking the time to read this letter of support for the Pendergast Regional Park Soccer Field Turf project Olympic College Soccer has been looking for a permanent home since we brought the sport back to our department eight years ago We would be very excited at the possibility to work with WestSound FC Havmg a venue for Olympic College to practice and play our matches would be a great benefit to our programs We have had successful programs in the past but need that place to call home that will really help us reach the next level We work very hard to recruit the best local talent possible, but run into some obstacles when we cannot show them a home field I have visited many communities, like Bremerton, in the Northwest and almost everywhere has some type of turfed playing fields In my opinion, this project is much needed in our community and long overdue The entire community will benefit from an additional playing field as usable facilities are definitely a limited resource in Kitsap County Once again thank you for your time and consideration on this matter, please feel free to contact me if you have any further questions or comments Barry Janusch Athletic Director Olympic College 360 475 -7458 1 From Christine Grerner on behalf of City Council Sent Wednesday, September 18, 2013 4 31 PM To 'Andrea Mackin' Subject Citizen Letter - Support for Turf Soccer Fields at Pendergast (Andrea Mackin) Ms Mackin, Thank you for your letter of support, which has been provided to President Wheeler and Members of the Bremerton City Council for their review and consideration A copy of your letter was also provided to Mayor Lent and the Parks Director, and a copy will also be included in the record It is appreciated that you took the time to submit your comments Sincerely, Christine Grenier Council /Auditor Assistant City of Bremerton (360) 473 -5280 From Andrea Mackin [ mailto andiemackinO)gmail com Sent. Wednesday, September 18, 2013 4 17 PM To City Council Cc Dale Holdren, gvukic(&msn corn Vukic Subject. Support for Turf Soccer Fields at Pendergast To Council President Wheeler and Members of the Bremerton City Council: Members of the Bremerton City Council, it is my privilege to write this letter in support of the current project under consideration by Council on behalf of WestSound FC and the greater community of soccer players and their families in the Kitsap County area I believe the improvements provided to the existing sand and dirt fields at Pendergast Park will address a number of key areas that are important to the continued economic development of Kitsap County As the Executive Director of the Bainbridge Island Downtown Association, I am involved in local economic development and revitalization efforts on Bainbridge Island Through the destination marketing work we do to Seattle and the region, I recognize the value of a community's assets in attracting and retaining valuable visitor dollars With amateur Soccer an acknowledged powerhouse among youth sports, there is enormous economic value in being able to tap into tournaments, expanded Club play, and regional collegiate and semi - professional soccer More than almost any other youth sport, the demand for turf soccer fields outstrips the supply by a wide margin By offering all - weather fields made possible by the addition of turf to the existing fields, Pendergast and WestSound FC will finally have the ability to compete for their share of the estimated $6 billion amateur sports industry The addition of turf fields at Battle Point Park on Bainbridge Island several years ago has already expanded the use across several sports and attracted an increasing number of teams to Bainbridge Island FC's annual Island 1 Cup tournament from Canada, Oregon, Washington, Montana, and Idaho The Island Cup was so successful in 2012 that it surpassed hotel and motel capacity from Bainbridge Island all the way to Silverdale I have personal experience as the parent of four athletes who have played soccer, as well as boys' and girls' lacrosse Their games at both Starfire Sports Complex in Renton and Crossfire's 60 Acres Sport Fields, have proven that better fields and attached amenities attract a higher the caliber of teams, athletes, and competition In addition to the increased level of competition, there are important benefits of improved /turfed fields and facilities that include the ability to attract more tournaments which bring thousands of players, coaches, and fans to multi -day events, infecting hundreds of thousands of dollars into local economies WestSound FC's inaugural Summer Classic Soccer Tournament this past summer documented the number of players, families and room nights generated by the first year tournament -- creating a local economic impact of over $100,000 Multiply that by numerous sports, tournaments, and year -round use made possible by turf which withstands rain and other seasonal weather conditions, and you have an economic engine capable of providing revenue that passes through many layers of the local economy I encourage Council to look at how the City of Bremerton can support WestSound FC in completing the turf renovation of the two fields at Pendergast Park, and loin in helping to carry the momentum and fundraising efforts forward I truly believe that the benefits to our community, region, and families created by the addition of these turf fields will be an accomplishment that both Council and the Kitsap County community will celebrate for many years to come With best regards, Andrea Mackin WestSound FC parent Executive Director, Bainbridge Island Downtown Association 2 From City Council Sent Wednesday, September 18, 2013 4 12 PM To Lou Bond Subject RE Citizen Letter - Support for Pendergast Regional Park Soccer Fields (Louie Bond) Mr Bond, Thank you for your letter of support, which has been provided to President Wheeler and Members of the Bremerton City Council for their review and consideration A copy of your letter was also provided to Mayor Lent and the Parks Director, and a copy will also be included in the record It is appreciated that you took the time to submit your comments Lori Smith Legislative Assistant Bremerton City Council (360) 473 -5280 From: Lou Bond Sent: Wednesday, September 18, 2013 4 04 PM Cc Dale Holdren Subject: Turf 2 dirt fields at Pendergast Regional Park Council President Wheeler Members of the Bremerton City Council, I am writing to each of you in support of turfing the 2 dirt soccer fields at Pendergast Regional Park' My name is Louie Bond and am President of Northwest Sound Youth Soccer Association representing 9 peninsula soccer clubs including Westsound FC, Tracyton Soccer Club, South Kitsap Soccer Club, North Mason Soccer Club, North Kitsap Soccer Club, Jefferson County Soccer Club, Central Kitsap Soccer Club, Bremerton Soccer Club, Bainbridge Island Youth Soccer Club All total representing approximately 4500 families whose kids are playing youth soccer within the Peninsula Fields has been one of the resources that our clubs have struggled with, primarily lack of fields and or no fields once the rainy season starts I We have in recent years been successful in introducing turf fields over previous grass fields and or over dirt fields at Battle Point Park, which has been a wonderful new resource to our northern clubs for practices, games and co using with other local organizations including Lacrosse, Rugby, Ultimate Frisbee, Adult Soccer and even 1 for hosting tournaments attracting teams to our communities where our local tourism has been positively benefited l We are in desperate need of all weather fields in the southern end of our Peninsula and unfortunately we have found that the dirt fields don't get as much use and seem to cause more safety concerns when young players are falling to the ground We are blessed to have such a wonderful southern central asset like Pendergast Regional Park with parking, easy access, lights and field space already in existence We are also fortunate that we have many terrific community partners like WestSound FC and our organizations whose vast and broad public support can be a terrific catalyst in helping with bringing an upgraded project like providing all weather turf fields for the 2 existing dirt fields to reality NSYSA has partnered in the past with our northern clubs, parks, schools and our State parent organization Washington Youth Soccer helping those communities with realizing safe and reliable playing fields for our local communities and are prepared to do so again for Pendergast Regional Park by adding another jewel that the City of Bremerton can be proud of Please do not hesitate to call on me and our organizations to provide the support to making this project a reality Sincerely, Louie Bond President Northwest Sound Youth Soccer Association 2 From Christine Grenier on behalf of City Council Sent Wednesday, September 18, 2013 9 13 AM To 'Dennis Michael' Subject Citizen Letter - Support of Westsound FC Proposal (Dennis Michael) Mr Michael, Thank you for your letter of support which has been provided to the Council Members for their review and consideration A copy of your letter will also be included in the record if r � Sincerely, Christine Grenier Council /Auditor Assistant City of Bremerton (360) 473 -5280 From. Dennis Michael [ madto sock]ocWwavecable com Sent: Wednesday, September 18, 2013 8 58 AM To. City Council Cc Wyn Birkenthal Subject: Support of Westsound FC Proposal Council President Wheeler and members of the Bremerton City Council, On behalf of the ownership of Olympic Soccer and Sports Center (OSSC), it is with great excitement and enthusiasm that we support the endeavors of Westsound FC in their pursuit in developing and turffng the soccer fields at Pendergast Regional Park The benefits of this accomplishment will have an impact to our region at large and Bremerton specifically for years to come Soccer fields in our area are in short supply but high in demand, and teams continue to struggle for field time to practice and play games By working together, Pendergast will become the showcase for soccer in our Region Many youth in our community are traveling outside of our area to play soccer With the vision of artificial turf fields becoming a reality, it will allow kids the option to stay and play at home The economic benefits of a soccer complex will impact the local economy by bringing in large numbers of people from across the region to participate in tournament and league play These teams with their accompanying supporters will utilize our local businesses for such things as food, lodging, fuel and other shopping needs As soccer continues to become more and more popular, the need for the infrastructure to support this becomes even more vital Turffing the fields at Pendergast is an important step in supporting this demand The proposal Westsound FC is offering is a win win situation for our community, and we strongly urge the City Council's support for Westsound FC's proposal Res Dennis Michael 1 on behalf of OSSC o From Christine Grenier on behalf of City Council Sent Wednesday, September 18, 2013 4 43 PM To 'Patty Graf -Hoke' Subject Citizen Letter - Support for West Sound FC Proposal (Patty Graf -Hoke) Patty, Thank you for your letter of support which I have provided to President Wheeler and Council Members for their review and consideration A copy will also be included in the record It is appreciated that you took the time to submit your comments Sincerely, Christine Grenier Council /Auditor Assistant City of Bremerton (360) 473 -5280 From Patty Graf -Hoke [ mailto grafhoke@visitkitsap com Sent Wednesday, September 18, 2013 4 33 PM To Christine Grenier, City Council Cc Greg & Sunny Wheeler, Wyn Birkenthal, Patty Lent Subject Letter of Support Hello Christine I was hoping to testify tonight on behalf of the WestSound FC lease for Pendergast Park but had come down with a small bug I hope it's not too late to share this letter with the Chair, Gregg Wheeler and other members of the City Council Thank you Patty 1 KintKitsap • Peninsula e The Natural Std of Puget Sou d VisitKltsap com September 1, 2013 TO Greg Wheeler, Chair, Bremerton City Council and City Council Members RE Re Lease of Pendergast Park to Increase Access to Recreation Facilities Visit Kitsap Peninsula is writing to support the proposal by the WestSound FC to lease the two fields at Pendergast Park The approval of the WestSound FC proposal will help to address the growing need for outdoor sports facilities and provide economic benefits for Bremerton and the Kitsap region The VKP concurs with Bremerton Parks and Recreation Director, Wyn Birkenthal, that upgrading the two under - utilized and undeveloped ball fields will greatly enhance the status of Pendergast Park as an important regional destination for outdoor sports There is high demand for fields with lights and turf that can be used on a year -round basis Last year Kitsap County and the Kitsap Public Facilities District partnered to invest in the upgrade of Gordon Field, now home to the Kitsap PUMAs Pendergast Park's environmentally family friendly 50 -acre setting and 400 parking spots make it an excellent location to expand Bremerton's outdoor recreation facilities and visitor assets From our perspective, these types of outdoor recreation venues are valuable "conference and meeting spaces" without walls that are able to host hundreds of attendees We encourage the City Council to view the upgrade of these ball fields as in investment and to approve the proposal by WestSound FC and the recommendation by Bremerton Parks & Recreation Regards, Patricia Graf -Hoke Executive Director Visit Kitsap Peninsula Cc VKP Board of Directors 800 - 337 -0580 • info @visitkitsap comwww • VisitKitsap com • 9481 Silverdale WAY, Suite 281 Silverdale, WA 98383 AGENDA BILL CITY OF BREMERTON 6fs CITY COUNCIL ........ ............................... 0 E 0 E E 0 0 E a M 0 0 0 E 0 0 0 ...... 0 0\ .................. 0 0 0 1 SUBJECT Extend the suspension of the Study Session Date October 23, 2013 One Percent for the Arts Program until COUNCIL MEETING Date November 6, 2013 January 1, 2016 Department DCD Presenter Andrea L Spencer Phone 360 473 5283 SUMMARY The City Council passed Ordinance No 5167 on November 2, 2011 suspending expenditures from the One Percent for the Arts Program for the selection, development, and placement of art to January 1, 2014 due to the City's budget constraints The ordinance allows expenditures from the program for the repair, maintenance, and installation of our current One Percent for the Arts collection Additionally, the ordinance also allows the period of suspension to be shortened or lengthened by the City Council by a motion or resolution The One Percent for the Arts program is administered by the Department of Community Development (DCD) In the 2012 budget, the department's staff member that was dedicated to the One Percent program was eliminated from the department, and this necessitated the original suspension of the program The department continues to operate without this position, and because of other work priorities such as the Comprehensive Plan Mayor Update, DCD does not currently have the capacity to administer this program Further, the city has no planned capital improvement projects that will contribute to the One Percent for the Arts program and therefore no opportunities for acquisition of new art in the near future For this reason, the administration is proposing to extend the suspension of the program for an additional two years as established by Ordinance 5167 ATTACHMENTS Ordinance No 5167 suspending the One Percent for the Arts Program until January 1, 2014 FISCAL IMPACTS (Include Budgeted Amount) The proposed ordinance prohibits expenditures for the purchase of new art, however it will allow expenditures for the maintenance, repair, and installation of the City's current One Percent for the Arts collection, and the 2014 budget has money allocated for this purpose STUDY SESSION AGENDA ❑ No Presentation N Full Presentation STUDY SESSION ACTION ❑ Consent Agenda ❑x General Business ❑ Public Hearing RECOMMENDED MOTION Move to extend the suspension of the City's One Percent for the Arts Program as authorized by Ordinance No 5167 until January 1, 2016 and extend all terms of the currently seated Commissioners by an additional two years COUNCIL ACTION ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/25/13 ORDINANCE NO 5I4�1 AN ORDINANCE of the City Council of the City of Bremerton, Waslungton, suspending the One Percent for the Arts Program until January 1, 2014 WHEREAS, On July 20, 2005, the City Council passed Ordinance No 4940 amending Chapter 2 32 BMC entitled "Arts Commission" and creating Chapter 3 12 entitled "One Percent for the Arts Fund" establishing the One Percent for the Arts Program, and WHEREAS, due to the current economy and City budget constraints, the City Council believes that it is in the City's best interest to suspend to a later date application of the One Percent for the Arts Program as it relates to expenditures from the One Percent for the Arts Fund for the selection, development and placement of art, NOW THEREFORE, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS SECTION 1. All expenditures from the One Percent for the Arts Fund for the selection, development and placement of art for th e One Percent for the Arts Program as established in Ordinance No 4940 are hereby suspended until January 1, 2014, except that during the suspension period established herein, expenditures may be made from the One Percent for the Arts Fund, as authorized by the Director of Commuruty Development and the City Council Planning Committee, for the installation, maintenance and repair of art 1) Approved by the City Council as of the effective date of this ordinance and funded by the One Percent for the Arts Fund, or 2) Identified in the Art Master Plan adopted by Resolution No 3147 as currently passed or hereinafter amended SECTION 2 The City Council may extend or shorten the suspension date of the One Percent for the Arts Program established in Section 1 by motion or resolution SECTIONS All terms of the currently seated commissioners to the Arts Commission shall be extended by two years SECTION 4. Chapter 2 32 BMC and Chapter 3 12 BMC are amended to the extent necessary to implement the provisions of this ordinance SECTIONS. Severability If any one or more sections, sub - sections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect 1 One Percent for the Arts SECTION 6 Effective Date This ordinance shall take effect ten (10) days from and after its passage, approval and publication as provided by law PASSED by the City Council the a" l '` day of �/ �/!-� , 2011 Will Maupin, Co cil P dent Approved this -5-9-0 day of /�Bl/P/ht� �/!' , 2011 '04�� *e - /.-- Patty Lent, V ATTEST APPROVED AS TO FORM 1� - - 1 / / icam Bigon., C- 'itreeric er A Lubovich, City Att�ey - shaArloyL Im. 1 1rlwYK PUBLISHED the day of 9 2011 EFFECTIVE the day of A b Otfit 2011 ORDINANCE NO R \Legai\Legal \Ordinances \Community Development \One Percent for the Arts doc 2 One Percent for the Arts AGENDA BILL 7A CITY OF BREMERTON CITY COUNCIL SUBJECT Public Hearing and adoption of Study Session Date October 23, 2013 Resolution No 3207 approving the 2014 COUNCIL MEETING Date November 6, 2013 Community Development Block Grant (CDBG) Department DCD — Block Grant and HOME funding recommendations for Presenter Mane Vila inclusion in the 2014 CDBG/HOME Action Plan Phone 360 - 473 -5375 SUMMARY On June 5` 2013, City Council approved the 2014 CDBG / HOME Policy Plan outlining the CDBG and HOME funding allocation process Based on that policy, the program's Grant Recommendation Committees have developed 2014 funding recommendations for Council consideration and approval If approved, these submissions will be sent to the Department of Housing and Urban Development (HUD) in the City's 2014 Annual Action Plan ATTACHMENTS 1 Staff Memo and Public Comment 2 Resolution No 3207 with Exhibits Exhibit A 2014 City of Bremerton CDBG/HOME Funding Recommendations Exhibit B 2014 City of Bremerton CDBG/HOME Project Descriptions Exhibit C 2014 All Coordinated Application Funding Recommendations FISCAL IMPACTS (Include Budgeted Amount) None Block Grant is pass- through funding from the Department of Housing and Urban Development and these recommended sub - recipient grants are paid 100% through the City's CDBG and HOME grants Administrative costs associated with the program, most of which are covered by the HUD grants, are approved in the Policy Plan and in the City's budget process STUDY SESSION AGENDA ❑ No Presentation 0 Full Presentation STUDY SESSION ACTION ❑ Consent Agenda ❑ General Business 0 Public Hearing RECOMMENDED MOTION Move to adopt Resolution No 3207 approving the 2014 funding recommendations to be included in the 2014 Action Plan to HUD, and authorize the Mayor to finalize and execute the contracts with substantially the same terms and conditions as presented once all funding has been secured and HUD has approved the Annual Action Plan i COUNCIL ACTION ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action I Form Updated 01/25/13 DEPARTMENT OF � jv ' 0 0 COMMUNITY DEVELOPMENT ' MEMORANDUM k£f2H To Bremerton City Council From Marie Vila, CDBG /HOME Administrator Date October 15, 2013 Re 2014 Funding Recommendations and Action Plan On June 5, 2013, the City Council approved the 2013 CDBG / HOME Policy Plan which outlined the funding allocation process and included CDBG rules and regulations The Policy Plan also allocated funding for CDBG and HOME Administration, CDBG and HOME funds for the City s Down Payment Assistance Program "House - Key Bremerton and targeted 10% of the available capital funding for economic development projects All other funding is allocated through a competitive application process The competitive application for 2014 funding was conducted through the Coordinated Application process, which was adopted in 2011 to streamline the grant allocation process for City and County Block Grant Programs, and KRCC Homeless and Affordable Grant Programs For 2014 funding the Coordinated Application was completed and submitted online through a 3` party vendor, Review Room Applications were due July 10, 2013 Received were • 15 CDBG Capital Applications • 36 Non - Capital Applications (public service, operations and maintenance, rental assistance) Applications were screened by Coordinated Application staff for completeness, eligibility and agency capacity, and by the Kitsap County Auditor for financial compliance and capacity Each application was individually reviewed and scored by a team of Grant Recommendation Committee (GRC) members then interviewed, ranked and evaluated by the GRC Staff provided guidance as to which projects qualified for the different funding sources based on factors such as the project activity or geography and provided guidance regarding a project's likelihood to meet compliance requirements Through this evaluation process the Grant Recommendation Committees developed the funding recommendations attached here Highlights • Recommendations for City of Bremerton CDBG funds include 3 Capital projects, 1 Economic Development project, and 5 Public Service projects • No City - eligible HOME applications were submitted for 2014 funding Because requires timely commitment and expenditure of HOME funds staff may request an additional allocation to the House - Key Bremerton Down Payment Assistance Program later in 2014 if there is a demand for the program • One City- eligible capital application was withdrawn prior to consideration by the GRC (City of Bremerton Parks Evergreen -Rotary Park Waterfront Improvements) One Service operations & maintenance project was deemed ineligible for any of the funding awarded through the Coordinated Grant Application process (Salvation Army Food Services Manager) Funding trends for 2013 • The Coordinated Application process has resulted in 1) fewer grant contracts for each granting jurisdiction, and more targeting of certain grants to particular needs (this year almost all homeless need is addressed through KRCC Homeless Housing Grant for example) • Services The GRC s first goal was to again fund all food programs well such as food bank operations and senior nutrition programs • Capital GRC paid special attention to funding projects that met feasibility /readiness criteria this has become an important compliance consideration due to HUD's increased emphasis on project readiness and timely expenditure of funds • Public Comment Received as of 10/15/2013 1 New Life Economic Empowerment Center submitted a comment requesting consideration of a small grant as a "statement to the community to contribute to the construction of a new Economic Empowerment Center in West Bremerton 2 Additional comments will be provided prior to the Public Hearing A 30 -day public comment period was opened via legal notice in the Kitsap Sun running from September 20 through October 21 2013 All comments received during this period will be provided to Council for consideration Recommendations for awards to be funded by City of Bremerton CDBG or HOME programs will be presented to Bremerton City Council for approval on November 6 in a public hearing (other award recommendations will be considered by the KRCC) All funding approvals are contingent upon estimated 2014 funding from the Department of Housing and Urban Development (HUD) availability of reallocated funds from previous years and program income The Grant Recommendation Committee has developed funding contingency provisions in case the City receives more or less funding than anticipated If approved these funding recommendations will be submitted to HUD in the 2014 Annual Action Plan due to HUD November 15, 2013 Should you have any questions or concerns regarding any of these items please do not hesitate to contact Marie Vila at (360) 473 -5375 I I I t i I 1 1 I Who is New Life's The New Life Community Development Agency (NLCDA) is a 501c3 non - profit agency serving the West Bremerton community in Washington State We were formed in 2003 as a service arm of the Emmanuel Apostolic Church (EAC) which has a 35 year legacy of providing support and resources to the community EAC's operating budget is dust over $1M a year New Life CDA is governed by its own, eight- member Board of Directors with a full-time Executive Director, our 2013 operating budget is $280,000 Our mission is improving the quality of life for individuals and families in West Bremerton through comprehensive services and partnerships Our vision is a strong, sustainable community where disadvantaged children, families and businesses achieve their highest capacities Through decades of work, we have become mayor stake holders and advocates in the community We've hosted community forums, launched youth programs, and led a gang and community violence .intervention partnership We have earned a high degree of community trust We currently operate the Opal Robertson Teen Center in the heart of where Bremerton's most needy and underserved residents live, we have outgrown our current facility and community need dictates expansion The determination to build came after a careful feasibility study with community leaders and members The recommended program model is derived out of nine community priorities that have been identified as the most needed to revitalize West Bremerton and provide its youth and families with social and personal opportunities that are not currently offered What is the Project' This is an $8 million project that includes two facilities on one centralized campus that will serve the West Bremerton Community A18,789 square foot, two -level community center with a gym, family activities and senior services designed to meet the recreational, educational, social and health needs of the community, and a 12,000 square foot economic empowerment center designed to improve the life station of young adults and small business owners These will be co- located on a campus surrounded by other community resources, forming a network that will holistically support family and individual needs through referral and partnership Why is it Needed? The greatest needs of the community are economic development and employment, more educational support and attainment opportunities, and an array of health, mental health and social services It is a diverse community with high levels of transient populations low income families and youth with significant transportation, education, and employment challenges and limited community assets West Bremerton has the highest rates of 16 -28 year olds, with a male ratio of 3 -1 in that age bracket, making young men of high focus for the community The facility will provide education space, meeting and conference rooms, business incubation, internet and copying services, business development technical assistance, and a computer learning lab in the heart of a depressed community to break the cycle of poverty We will actively recruit and train the young people in the area in order to provide hands on work experience and build their qualifications for a prosperous future There are several community development needs in the Consolidated Plan (CP) that are related to this project The overarching goal of providing safer, more livable neighborhoods through reinvestment in deteriorating neighborhoods and providing services to assist the community's residents is met by this project Further, this public facilities project, is tied to the goal of expanding economic opportunities through empowerment of lower- income persons to achieve self - sufficiency One of the main needs identified in the CP was "programs that promote economic development and I i increase the lob skills of potential employees, such as job training and job readiness " NLCDA proposed to help meet that need The Infrastructure /Public Facilities Objectives include the following PF -1 Improve the infrastructure and physical environment of the Consortium's Low and Moderate Income areas This project will transform an underutilized city block and build a complex that helps to unify and provide a positive identity for the community, as it is in a unique residential and commercial mixed use area near the Fire Department and Kitsap Community Resources It is in a designated 50 -100% low and moderate income area PF -2 Enhance the quality of life through creation and improvement of recreational spaces and public facilities in Low and Moderate Income areas Community identity and quality of life will be improved by the provision of this unique public facility, managed by a non - profit with a mission to serve West Bremerton and meet community need PF -3 Increase self - sufficiency and independence for low- income and special needs populations The facility program and services help meet the objective of enabling disadvantaged communities to reach their full capacity The economic empowerment center will have employment and personal education such as financial literacy and business development classes It will provide business incubation space and technical assistance that small business owners need to start and grow, as well as ways for youth to be trained in specific skill sets that equip them to enter the workforce PF -4 Improve and increase when needed, public facilities which serve the needs of low- income and special needs populations The facility will be located in a high need community that has transportation and access challenges to educational and vocational resources which support employment This will increase services where demand is the greatest This project will remove barriers, provide access, and create a public facility, meeting adopted public facility strategies Ultimately, once developed, this facility will support the CP's Economic Development Objectives to expand economic opportunities, reduce the number of persons with incomes below the poverty level, and support business development and expansion to create more jobs While job creation (1) and employment training (6) were ranked as high needs, transportation was deemed the greatest barrier to taking advantage of services A local site helps marry the needs and services so that more impacted persons can take advantage of what they need to succeed Our location will be able to serve homeless, special need, veteran and minority populations which are overly impacted by unemployment It will be a visual and well - advertised facility within walking distance of the residents Related economic strategies include hosting a small business consortium, providing education and training opportunities, providing job - training and job - preparation services, and providing small start up businesses with technical assistance and business support services What is the Status? A capital fund to develop the Economic Empowerment Center filled with programs to help people become economically self - sufficient, is the focus of our application We have secured $1 2M of the $2 2M project budget We thank you for the opportunity share our vision and for the potential collaboration ahead a New Life Community Development Agency is passionately committed to improving the quality of life for g individuals and families in West Bremerton through comprehensive services and partnerships New Life CPA Strengtkemytg families oine block at a time September 23, 2013 Commissioner Josh Brown c/o Mary McClure Kitsap County Block Grant Program 345 6th Street, Suite 400 Bremerton WA 98337 Dear Commissioner Brown, The Board of the New Life Community Development Agency is grateful for the opportunity to participate in the recent Kitsap Coordinated Grant Application Process We understand the difficulty of allocating limited resources across many worthy projects that serve the community in many different distinct ways Togo through the application and interview process was very beneficial in helping us frame the project, and the deep need for it, in terms of the Consolidated Plan While Bremerton has been a leader in addressing homelessness and housing for quite some time, we hoped this year's process would provide the opportunity to introduce a unique facility to an underserved community (per Plan definition) and invest in the economic preparedness of the next generation The Economic Empowerment center will close an opportunity gap for 13 -24 year old youth, simultaneously providing youth development and economic development to address core needs in the local community surrounding the site The center is placed where youth can and do go to pursue a better future As you review the committee's recommendations, you'll see that Kitsap Community Resources and Salvation Army projects were supported We are excited that the preschool will be saved, that weatherization projects will happen in the community to improve housing stock and that a hygiene center will benefit the homeless We are hopeful that the Commission will look at opportunities to provide a small grant to contribute to the Economic Empowerment Center to send a statement of encouragement to our community that a new resource, on the West Side, is coming to help them "build a better life" In case you are unfamiliar with our project, I've included a short overview Thank you for your time and consideration and the many hours you put into making Bremerton a better community Sincerely, Bishop Larry Robertson, President Ouddtng Solutims for a Better Life For more details about this project, please contact Executive Director at (360)479 3674 or newlifecdaoffice@gmail coin New Life Community Development Agency Office 1023 6th Street Bremerton WA 98337 RESOLUTION NO A RESOLUTION of the City Council of the City of Bremerton, Washington, approving the 2014 CDBG/HOME Funding Recommendations for inclusion in the 2014 CDBG/HOME Action Plan WHEREAS, the City of Bremerton is an entitlement community which receives a Community Development Block Grant (CDBG) each year from the Department of Housing and Urban Development, and also receives funding from HUD's Home Investment Partnerships (HOME) program through its participation in the Kitsap County HOME Consortium, and WHEREAS, the City of Bremerton has established a mandatory Policy Plan for the City's management of its HUD entitlement, including a citizen participation plan, application and review processes, eligibility, and implementation requirements for grant funded projects, and WHEREAS, the City of Bremerton conducts a competitive annual process based on the Policy Plan to determine allocation of CDBG and HOME entitlement, and WHEREAS, the City of Bremerton's 2014 Policy Plan citizen participation plan establishes a Grant Recommendation Committee to assist the Department of Community Development in reviewing CDBG and HOME applications by interviewing applicants and recommending annual project allocation decisions to the Bremerton City Council, and WHEREAS, the City of Bremerton participates in a Coordinated Application process with Kitsap County Block Grant and the Kitsap Regional Coordinating Council, which together received fifteen capital applications, one economic development application, and thirty - six Non - Capital applications by the application deadline of July 10, 2013, and all but two were forwarded to the Grant Recommendation Committee (one was deemed ineligible, and the other was withdrawn by the applicant), and WHEREAS, the CDBG / HOME Grant Recommendation Committee has reviewed, interviewed and discussed each of the eligible funding requests and formulated funding recommendations and a funding contingency plan based on their review, and WHEREAS, the City of Bremerton Block Grant staff on Friday, September 20, 2013 posted the recommendations to the City's website and advertised in the Kitsap Sun a 30- day written public comment period commencing September 20, 2013 and concluding October 21, 2013, and � 1 2014 CDBG /HOME Funding Recommendation WHEREAS, any comments received during the advertised public comment period and have been provided to City Council for review, and WHEREAS, the Department of Community Development CDBG/HOME staff presents the Grant Recommendation Committee's recommendations to the City Council for adoption, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS SECTION I The recitals and findings of fact set forth in this resolution are hereby incorporated as if fully set forth herein SECTION 2 The 2014 CDBG /HOME Funding Recommendations attached hereto as Exhibit A and further described in Exhibits B and C is hereby adopted, and will be incorporated into the 2014 Action Plan to be submitted to the Department of Housing and Urban Development for approval SECTION 3 Severability If anyone 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 i ROGER A LUBOVICH, City Attorney SHANNON CORIN, City Clerk i I 2 2014 CDBG /HOME Funding Recommendation EXHIBIT A 2014 Coordinated Grant Funding Recommendations and Contingencies City of Bremerton CDBG and HOME E - CONOMIC - DEVELOPMENT Funding Total Coordinated @V Agency Project Type Request Recommendation o 0 Kitsap Community Resources KCR - BE$T Micro Enterprise CDBG $81,500 $81,500 $24,537 Kitsap Community Resources KCR - Save West Hills Pre - School CDBG $300,000 $300,000 $125,836 Kitsap Community Resources 1 KCR - Weatherization & Minor Home Repair CDBG 1 $200,000 $200,0001 $75,000 TOTAL T T 1 $581,5001 $581,500 $225,373 Contingencies If more funds are available, increase West Hills and Weatherization proportionally, to their full request The City will coordinate with KC Block Grant to decrease their awards to these projects by the same amount, thereby allowing COB Block Grant to full expend their award and KC Block Grant to allocate to other projects based on the GRC contingent recommendations If less funds are available, reduce Weatherization PUBLIC SERVICES Funding Total Coordinated ft9 Agency Project Type Request Recommendation a Boys & Girls Club Bremerton Teen Initiative CDBG $15,000 $10,000 $10,000 Bremerton Foodline Salaries 2014 CDBG $10,000 $10,000 $10,000 Kitsap Adult Center for Education Educational Tranistions CDBG $15,000 $10,000 $10,000 Lindquist Dental Clinics for Children Children Dental Care 2014 1 CDBG 1 $15,000 $10,000 $10,000 YWCA of Kitsap ALIVE Advocacy Services JCDBG 1 $26,500 $16,625 $16,625 TOTAL 1 $81,5001 $56,625 $56,625 Contingencies If more funds are available, increase funds equally up to the requested amount If less funds are available, decrease projects in this order YWCA, B &G, Lindquist, KACE, Foodline Projects decreased below $10k will be cut, and remaining funds distributed equally among remaining projects 2014 KITSAP COORDINATED GRANT APPLICATIONS EXHIBIT B AGENCY/P ROJECT/DESC RIPTION r REQUESTS RECOMMENDATIONS SERVICES / O&M APPLICATIO 1 AGAPE - Koin (O &M) $47 217 $40 000 -- _ -- — _ _ __ -- — - -- -- - _ -__ -- _ - -- _ _ _ - - - - - - - -- Affordable Housing Grant Grant funds requested will support the operational and maintenance expenses for the program as well as the Program salary and payroll expenses for a part-time Maintenance Staff (10 hours per week) The Komonia Inn Transitional Housing Program located in Port Orchard provides a total of 14 transitional housing beds for 6 pregnant/parenting women and up to 8 of their children monthly while they participate in outpatient chemical dependency treatment. Area Served Kitsap County Including cities j Population Served Very Low Income women and their children ( Number Served 12 22 very low inc ome 0 -30% AMI 2 AGAPE - Sisyph _(O &M) _ $68 8 37 _ $6 0000 Funds requested will support salarylbenefits for 5 FTE maintenance staff and 1 FTE case manager Case Homeless Housing Grant management and referral services will be provided to at least 30 participants The Operations and Maintenance Program & Affordable funds will provide regular repairs and maintenance of the two homes in the Project Based component of the Housing Grant Program Sisyphus 11 Housing Program The Sisyphus II Housing Program located in Bremerton provides 55-60 permanent housing beds for up to 40 adults and their children monthly while they participate in outpatient chemical dependency treatment Area Served Kitsap County including cities Population Served Homeless Individuals and families -- Number Served 90 -110 very low inc 0-30 %, AMI 3 BREM ERTON HOUSING AUTHORI ( - Rental Assistance for the Hard to House $9 _ - $85000 Funds will be used to continue rental assistance for transitional housing to mentally ill individuals who are being J Homeless Housing Grant released from institutions such as /ail and the State mental hospital Through a partnership agreement with Ktsap Program Mental Health Services (KMHS) participants will receive intensive case management services in addition to affordable housing Area Served Kitsap County ( Population Served Extremely low Income N umber Served 35 4 BOYS AND GIRL CLUBS OF SOUTH P_U GET SOUND Bremerton Teen Initia ^ �- i $15000 _ $10000 Funding will support the Site planning e Coordinator position responsible for _ -u Bremerton CDBG g promoting implementing and evaluating daily youth development programs and activities for teens at the Bremerton Teen Center Area Served City of Bremerton (Bremerton School District) Population Served Youth 13-18 Number Served 750 5 BOYS & GI RLS C LUBS OF SO P UGET SOUND - Bremerton and S Prog rams _ _ - _ $15000 $1 Funding will support the single Site Coordinator position for Boys & Girls Clubs in Kitsap County where youth i Kipp County CDBG development programs are offered Sites are at the Naval Avenue Elementary School in Bremerton and in the South Kitsap School District at Sidney Glen and Orchard Heights Elementary Schools Services will be expanded with the opening of the Bremerton Teen Center Note Funds awarded will be restricted to use in the South Wimp program Area Served South Kitsap School District �NumberoServed 1 00 very low - i ncome 0 AMI 6 BREMERTON FOODLINE Agency Salaries 2014 $10000 _ $10000 - _- — _ - -- -- _ - -- -_. _ -- _ -- - _ -- -- _ _ ._ - -- _ -- -- - -- - - - - Bremerton CDBG Funds will be used to supplement critical funding of Bremerton Foodline staff salaries for program critical positions of Operations Supervisor and Driver who are direct key personnel to maintaining the food supplies and service levels to provide neighbors in need with emergency food assistance Bremerton Foodline also continues to leverage its facility to support neighboring food banks and community agencies Requested funds will be directly applied only to the program services support portion of salaries and benefits Area Served Greater Bremerton Area (Bremerton School District) Population Served Very Low Income Individuals Nu mbe r S erved 45 0 very low i 0- 30% A MI _ 7 BREMERTON SER ASSOC _Chuc6 g_on Mea_Is on W $24,_0 $240 f Bremerton Services Association will provide 24 000 Chuckwagon Meals on Wheels to 200 medically homebound - Kitsap County CDBG ,senlors aged 60+ years old living in Kitsap County Washington Area Served Kitsap County (excluding Bremerton) P Population Served Very Low Income Elderly Number Served 200 Page 1 of 7 2014 KITSAP COORDINATED GRANT APPLICATIONS EXHIBIT B AGENCY/P ROJECT/DESCRIPTION r REQUESTS RECOMMENDATIONS 8 CATHOLIC COMMUNITY SERVICES - B enedict Ho use (O &M) $184789 _ _ $11 - -J- - -- -- - - -- - — - � -- - -- - - - - - -- - - -� -- - � - - - - - -- Homeless Housing Grant Funds will be utilized for the daily operating and maintenance costs of Benedict House Benedict House is an Program S Affordable emergency shelter and transitional living program for men experiencing homelessness including single men with Housing Grant Program minor children [ Area Served Kitsap County P Population Served Very Low Income ,Num ber Served 24 -- 9 CATHO HOUSING SERVICES (CHS) -Ma Hale C enter $81 028 $81028 - - ^- -pay- _ salary - - -- -- -- - - -�`_ -- _ _ _ _ _ _- _ - _ - Homeless Housing Grant Funds requested are to sala and benefits for the Resident Services Coodmator for 30 hours a week and for Program & Affordable the Maintenance Technician for 30 hours a week Resdient Services Coordinator (RSC) provides information and Housing Grant Program referral connection to off site services and community building activities Area Served Ktsap County Population Served Extremely Low Income I"u mber Served 24 - 10 CEN K ITSAP FOOD BANK - Distribution $29000 $25000 _ -_ - -- -__ _ - _ --- -- -_ _ _ -- -- -- - - - - -- - Funding is to pay a portion of 4 part-time staff salaries to maintain and operate daily and regular services for food Kitsap County CDBG distribution and access in order to support the mission of providing food at no cost in a caring and respectful manner to those in need in the community while preserving the dignity of those served ) Area Served Central Kitsap School District Population Served Extremely Low Income Num ber Served 29 0 11 H ELPLINE HOUSE - C Support Se _ _ _ _ _ _ _ $13 _ _ _ $13000 r Funds will used to pay for partial salary costs of staff providing provide crisis assessment and referral to services Kitsap County CDBG and one on one support for community members needing assistance Helpline House is located on Bainbridge Island Area Served Kitsap County (excluding Bremerton) Population Served Low Income Number Serv 1 12 0 -- 12 HOPE IN CHRI - Oasis Continuum of S 2014 _ _ _ _ $119016 $1 19016 Funds will support the salaries taxes and benefits of the Director positions of Street Hope (street and school I Homeless Housing Grant outreach) Oasis Drop-in Centers and Partnenng Hope (case management and mentonng) Oasis Continuum of f Program Services provides outreach drop -in centers and case management to bring life change to street and homeless youth Area Served Kitsap County [ Population Served Homeless Youth Number Se rved 700 ___ 13 HOUSING KITSAP - Stabi Program T ! $225 000 - $200 000 _ -_�- - ______ _ _� ____ ____- _ __ _., _ _ - ---- - - -- Homeless Housing Grant Funds will be used to fund the Housing Stabilization Program including rental assistance for a portion of salary Program for the Housing Stabilization Coordinator and administrative costs to support the direct salary costs of other employees working on the Housing Stabilization Program The HK Housing Stabilization Program provides rental (assistance and supportive services to provide qualified homeless households with affordable housing in existing (non- subsidized units owned by the agency Area Served Ktsap County P Population Served Very Low Income Number Se rved 1 5 __ _ _ -_ ___ _ -- - - -- - - - __ -- __L 14 HOUSING RESOURCES BOARD - Rental Assista 2014 $67000 $55000 ( R - - - - - -- - - -- - - i - - - -- - -- - - -- - -- - - - � I Affordable Housing Grant I Funds will provide ongoing rental assistance to current and future Housing Resources Board rental residents who Program (are unable to afford the full amount of their rent HRB's rents are lower than market but are not subsidized so } many clients below 50% of area median income pay well above 35% of their monthly incomes toward their rent I This rental assistance will allow HRB to subsidize rent so that it is affordable to them kea Served Bainbridge Island ( Population Served Very Low Income N Se 59 15 KITSAP ADULT CENTER F EDUCATIO (K _E d u cational Tran 20 14 $ _ _ $ 10 00 0 Funds requested are to support 25% of time for each of three positions - the ESL Coordinator the ABE/GED ` Bremerton CDBG Coordinator and the ABE/GED Instructor in order to provide an Integrated package of instruction and transition advising plus 5% of the Director's time for overall coordination The instructional staff assist and advise students help with goal - setting and link students with colleges and partners who can help increase their employability as adult students are transitioning into the workforce and/or higher education Area Served Kitsap County Population Served Low Income Number Served 350 Page 2 of 7 it 2014 KITSAP COORDINATED GRANT APPLICATIONS EXHIBI B AGENCY/P ROJECT/DESCRIPTIO N REQUESTS RECO MMENDATIONS 16 KITSA COM RE (KCR) - Homeles Se rvices _ _ _ $170 000 _ $116000 The Homeless Sennces project will enable KCR to continue providing emergency transitional and supportive - Homeless Housing Grant ( housing units with the associated case management services throughout Kitsap County Additionally this project Program will provide funding for required ongoing repairs and maintenance which are necessary to maintain the community's investment in the housing units )Area Served Kitsap County Population Served Homeless Nu mber Se 632 17 KITSAP COMMUNITY RESOURCES (KCR) -Continuum of Care Coalit _ - $53908 $ 53908 _ - - - - - -- - Homeless Housing Grant The Kitsap Continuum of Care Coalition (CoCC) project provides the necessary funding for continued coordination program of CoCC activities and its 42 members Funds will support the part-time CoCC Coordinator Point in Time Count incentives as well as CoCC support for the Washington Low Income Housing Alliance Area Served Ntsap County Population Served Homeless Number S erved 5 230 18 KITSAP R ECOVERY C ENTER - Emer Housin 20 14 ` ' - -- _ _ $87600 $60,0 Funds will support Kitsap Recovery Center (KRC) by dedicating four (4) male beds and (2) female beds for Homeless Housing Grant homeless adults to the emergency housing program and provide case management outreach and key supportive Program services within the Kdsap Recovery Center (KRC) Area Served Kitsap County I Population Served Homeless Nu mber Served 7 19 KITSA RES CUE MISS Fresh Start r _ _�� - -_ $25 000 $25000 omeess Housin Funding will assist in purchasing additional curriculum and provide housing and other basic needs for the men who H l ` 9 Grant live at the facility Fresh Start is a program for homeless men who are clean and sober and provides basic Program essentials for Irving while they work at clearing legal family and social entanglements that keep them from obtaining and holding a job that will support them Area Served Kitsap County I Population Served Homeless Men Nur b rServed 12 __ - - - - - -- - - - -- -- - -- I 20 KITSAP SE XUAL ASSAULT - C hild Abuse Intervention - _ - _ - $18366 $10000 Funds will be used for Child and Family Advocates salary who will provide advocacy and crisis Intervention Kitsap County CDBG services for 134 children and developmentally delayed adults who have been sexually abused and for their non offending family members/caregivers Area Served Kitsap County (excluding Bremerton) i Population Served Youth Number Served 134 21 LI NDQ U IS T D ENTAL CLIN FOR CHI - C hi l dr en D ental C 2 _ -_ V _ $15000 $10000 Funds provide accessible compassionate and effective dental care to 150 Bremerton children in need ages 0 Bremerton CDBG through 18 regardless of their family's ability to pay throughout Kitsap County Area Served Bremerton Population Served Youth Number Served 134 -- --- - -- -- - — -- -- - - - - - - - - -- - -- -- - - - - -- - -- -- ----- - -- 22 NK FISHLINE - Homeless Support Services 2014 _ $60 000 _ $60_000 -- - V - - Homeless Housing Grant Funds will be uto pay $20 000 to 66 households for eviction prevention $20 000 to 80 households for program emergency 6 households for 1st month renUdeposd $ for housing scholarships and !$1 000 spread over a 3-month period to 15 low income households Assistance to low- income residents are for those threatened with losing their homes or are homeless Area Served North Kitsap County Population Served Low Income and At Risk of Homelessness Numb Served 195 _ 33 R MH -Untreated Men III _ _ $ 26,800 $0 (Funds are for Intensive community mental health services to 7 -12 chronically mentally ill adults providing a ` , comprehensive program of intensive case management services designed to meet the special needs of a population of untreated chronically mentally III adults in Kitsap County with a history of instability in the community Area Served County - _- - - - - - - - - - - - - -- - - - - - Population Served Very Low Income Developmentally Disabled Adults Number Served 7 12 Page 3 of 7 2014 KITSAP COORDINATED GRANT APPLICATIONS EXHIBI B AGENCY/P ROJECT/DESCRIPTION r REQUESTS RECOMMENDATIONS 23 SK HELPLINE Staff Sa lary A ssistance _ _ _ _ _ $628 _ $54 493 This funding will help to offset the cost of staff salanes which help to ensure the success of this agency that helps Kitsep County CDBG to provide more than 15 000 local households with food and other crisis services I Area Served South Ktsap School District Population Served Low Income Number Served 50 000 34 SOUND WORKS JOB CENTER No Fee Job Referr _ V _ _ $10 000 ` $0 Funds will provide 800 hours of job referral and placement coordination provided by our Executive Director at the rate of $1250 per hour Director will acquire new job listings and assist over 225 low income or homeless individuals in their job preparations and job searches Sound Works Job Center will fill over 200 jobs with low - income individuals and assist in preparing 70+ professional resumes for clients Area Served Kitsap County Population Served Low Income [Number Served 225 36 SALV ARMY - Food Se rvices Mana ger - - - - - _ i -_ -_ - �^ $38 000 - - -- — - - -- $0 Funds are to pay a portion of the salary and benefits of the Food Services Manager who is responsible for the food bank kitchen food donations and food handling This position oversees all aspects of food bank operation Including intake of donations from private individuals other food banks food storage service to clients management of volunteers and community service workers and record keeping Area Served Kitsap County Population Served Low Income Number Se rved 1 000 24 WE F OUNDA TION - Georgi House - _ V ` $715 $30000 The funds will be used for shelter operations and Homeless Housing Grant pe programs for Georgia a House which is a homeless shelter for low - income women and children in the only shelter in the county that allows mothers with sons over the age of 12 Program to remain in shelter with their children Area Served Kitsap County Population Served Homeless Women and Children Nu m b er Served 25 WEST SOUN TREATM CEN TER - C ompass V ocational Services " _ Y -� �$51 0_07 $ 40000 Funding will provide partial salaries and benefits for 2 FTE Compass Navigators and contribute to operations and Homeless Housing Grant maintenance for program operations supplies and important participant incentives This funding will also assist Program with a portion of facility rent at the Bremerton location West Sound s Compass Vocational Services Program provides services to the unemployed or under - employed chronically homeless population and those with multiple bamers Area Served Kitsap County Population Served Homeless Number Served 2 600 - - - --- - - -- - _� _ — - - - ° - -- - - - - - _ _, _ -_ -� -- - - - - - -- -- - - -- - 26 ( WEST SO TREATME CENTER Forward Bou _ _ _ _ $71861 _ $ 6 6 364 (Funds will support a portion of the salaries and benefits of the Housing Case Management position who provide Homeless Housing Grant more than 3120 hours of critical direct case management and WRAPS services to 14 Forward Bound families Program & Consolidated , The remaining funds will be used for the operations and maintenance of the Forward Bound program Forward Homeless Grant Bound provides permanent housing and intensive support services for 14 high -need level chronically homeless Performance Funds ( families with multiple barriers Area Served Kitsap County ( Population Served Homeless [Numb Served _ 27 WES SOU ND TREATMENT CENTER _ - O Hs _ _ $67 604 $49062 _ an _ House Funds will provide partial salaries and benefits for 15 housing case managers who provide more than 3 120 hours ousing Grant Program & Affordable of direct case management and WRAP services to our O Hana House residents and their families Remaining Housing Grant Program (funds will assist with the operations and maintenance of the facility O Hans House provides permanent safe and (sober housing on site case management WRAP around service planning and facilitation and Compass Vocational Services to 13 formerly homeless chemically dependent women and their children Area Served County Population Served Homeless Women and Children Number Served 20 Page 4 of 7 2014 KITSAP COORDINATED GRANT APPLICATIONS EXHIBI B -• J ECT/DESCRIPTIO REQUESTS RECOMMENDATIONS 28 WEST S OUND TREATMENT CENTER -The Lighthouse $ 44623 Homeless Housing Grant Funds will pay partial salaries and benefits for 15 housing case managers who provide more than 3120 hours of Program & Affordable direct case management and WRAP services for Lighthouse residents and their families Also funds will pay a Housing Grant Program portion of the operations and maintenance funds of the Lighthouse facility The Lighthouse provides a blend of permanent and transitional safe and sober housing on -site case management WRAP around service planning and facilitation and Compass Vocational Services to 13 formerly homeless chemically dependent men Area Served Kitsap County Population Served Homeless Men Numbe Serv 13 35 WEST SOUND YOUT FOR CHRIST - Cit Life _ ___ , _ $50 916 _ $0 Funds will pay a portion of the cost of the Neighborhood Coordinator The West Sound YFC City Life program disrupts the cycle of poverty for young people living in the low- Income communities of Bay Vista and Nollwood Area Served Kitsap County I Population Served Youth Number_S 50 29 W SOUND YO UTH FO R CH _ILS_ Co ord i nator ` $63926 _ $60 Funds will provide fora portion of the cost of the The Housin g Coordinator position within the Consolidated Homeless P helps youth aging out of foster care who are at risk of homelessness The program provides Intensive program who case Grant Performance Funds management positive relationships with local landlords and a focus on maintaining stable and permanent housing Area Served Kitsap County Population Served Youth Number S erved 25 _ 30 YM CA of PIERCE AND KITSAP C - Child Ca T� _ _ ` __ $ 25 000 _ $ 10000 Funds will provide scholarships to 75 eligible low- income children in Kitsap County to participate in YMCA Child _ ! Kitsap County CDBG Care YMCA Child Care Is offered before and after school every school day on early release days and teacher in session days and on school holidays and breaks Area Served Kitsap County (excluding Bremerton) Population Served Youth Numb Serv 75 31 YWCA Alive Ad vocacy Services 201_4_ _ _� $26_500 _ $1 6625 Funds will be used to su Bremerton CDBG pport the partial staffing costs for the YWCA ALIVE Family Services Program This program provides family assessments client focused advocacy /case management information and referral and supportive services for survivors of domestic violence and their children who may be at risk of abuse or neglect Area Served Kitsap County Including City of Bremerton Population Served Victims of Domestic Violence Number Served 900 _ 32 YW CA - Shelter T r a nsitional Housin (O&M) ^ ' _ _ _� $551 $ 55120 Funds will use $55120 for operations and maintenance of the ALIVE Shelter In Bremerton two transitional Affordable Housing Grant housing units in Silverdale (Tersha s House) and two transitional housing units in Poulsbo (Eli s Place) These +� Program residences provide temporary emergency safe shelter and affordable transitional housing to survivors of domestic violence and their children Area Served Kitsap County I Population Served Victims of Domestic Violence NumberServed 104 CAPITAL APPLICATIONS 112 C_I7Y OF PO - Busines Re vitaliza tion Viking Av _ _ $ 60000 _$0_ Funds will be used to hire staff to gather the local business owners together and help them through the process of , establishing a business improvement area as well as marketing and promotion for the Viking Avenue comdor improvement area (similar to downtown Poulsbo) In order to bring business back to the Viking Avenue corridor lArea Served City of Poulsbo Job Creation Benefitting Below 80% area median Income residents Number Served - 9 380 — 4 101 HABITAT FO R HUMANITY Wh ittle Place Ph 3 $2_5_0_ _ $1 Funds will be used for development costs for new construction of two homes at Whittle Place in Bremerton which Kitsap County HOME his Phase 3 of a five home housing development Homes will be occupied by households with incomes between 51 -� 1 80% of area median income Area Served Kitsap County Population Served 60% below median income residents Number S erved 2 fa milie s 113 HOUSKING KITSAP - Almira Drive $252000 $0 Page 5 of 7 2014 KITSAP COORDINATED GRANT APPLICATIONS EXHIBI B AGENCY/P ROJECT/DESCRIPTIO N REQUESTS RECO MMENDATIONS Funds will be used for architectural and engineering services to advance proposed development from project concept to designed project ready to submit for budding permit application for the development of 60+ units of affordable rental housing and a 10 000 square foot office building Area Served Kitsap County Population Served Low/Very Low Inoome Num Serve 60 _ 102 HO USKING K ITSAP - Rhododendron Apts Community Center Rehab — _ Y — $7 5000 $75000 -- -- - — Kitsap County CDBG Upgrade the Rhododendron Apartments Community Center so that it is completely handicap accessible The Rhododendron Apartments located on Bainbridge Island is an existing 50-und apartment complex , Area Served Kitsap County Population Served LowNery Low Income Number Served 50 1 103 HOUSKING KITSAP - Single Family Rehab _ u _ _ _ $ 0_0 _ $158607 The funds will be used to provide home rehabilitation loans or emergency grants to repair and preserve affordable Kitsap County CDBG owner occupied homes in Wtsap County Housing Kitsap s Home Rehabilitation Program addresses health and safety home repairs and provisions for disabilities or speraal needs as a priority Area Served Ktsap County (excluding Bremerton) Population Served Low/Very Low Income Number Served 10 -12__ 104 H OUSING RESOURC BOARD ( HRB) - Fem cliff Apartment ` $290 $145,270 The funds will be used to construct a 24 unit multifamily apartment complex on Bainbridge Island that will be Ktsap County HOME affordable to individuals and small families below 50% of area median income Area Served Kitsap County Population Served Low/Very Low Income Number Serv 24 _ 105 KITS COMMUNITY RES OURCES (KCR) - BE$ Mlc_roE nterprise ` _ ` $8 1500 $81500 �__ __ Funds will be used to continue Kitsap s micro- enterprise program available to all eligible residents providing Kitsap County Economic business training and on -going support Development & Bremerton Economic Development Area Served Kdsap County and City of Bremerton (CDBG) Population Served Low/Very Low Income Number Served 40 1061 KITSAP COMMU RESOURCE (KCR) -Save West H ills Pre4chool _ $30 000_ v _ $300 000 Funds will be used to build a new (replacement) Head Start/ECIAP preschool classroom on the West Hills Kipp County & Bremerton Elementary School campus in order to continue serving the low- Income at risk children and their families that KCR CDBG has been serving for over twelve years at that site Area Served Kitsap County and City of Bremerton (Bremerton School District) Population Served Low/Very Low Income At Risk Children Numb Served 36 _ 1o7 - SAP COMMUNITY RESOURC (KCR) - W_e _ &M I n o Mi no r H om e R epair 200000 $ Funds will be used to weatherize and/or provide minor home repairs for 33 privately-owned residential units Ktsap County & Bremerton throughout Kitsap County and Its cities CDBG Area Served Kitsap County and City of Bremerton Population Served Low/Very Low Income Number Served 33 108 KITSAP RESCUE M_ ISSI Safe H ar bo r Y T $50 $2 00 0 — i Homeless Housing Grant Safe Harbor is a capital campaign to locate purchase and remodel a building to expand the Fresh Start program Program I'to 20 men and create the first overnight shelter in Kitsap County that would be open every night for men women land children The proposed shelter would be able to house 20-30 individuals Area Served Kitsap County Population Served Low/Very Low Income Num Served 20-30 109 MARTHA AND MARY - E Housing Ele vator Replacement _ $25_0_00 $2 Funds will retrofit the control system in the elevator in the three -story 24 -unit senior independent living rental r ! Kitsap County CDBG apartment budding The Ebenezer is located at 19225 Fourth Avenue NE in Poulsbo and serves seniors age 62 and older with affordable studio and one - bedroom apartments This elevator retrofit project will benefit all Ebenezer residents and their families Area Served Kitsap County Population Served Presumed Benefit to Frail Elderly Number Served 24 110 MARTHA AND MARY - Heating & Hotwater Boiler Replacement _ $50000 $50000 Page 6 of 7 2014 KITSAP COORDINATED GRANT APPLICATIONS EX HIBIT B AGENCY/P ROJECT/DESCRIPTIO N REQ UESTS Funds will replace the aging heating boilers hot water boiler and circulation pumps that have surpassed their Kdsap County CDBG service life in the Health and Rehab Center in Poulsbo Martha 6 Mary Health Services is the only not - for -profit skilled nursing facility In the Ktsap Peninsula serving the community with 190 licensed beds cares for frail elderly and adults recovering from Illness Area Served Ktsap County Population Served Presume Benefit to Frad Elderly L N umber Served 190 114 NEW LIFE Ec onomic Empowe rment Center — $22000 $0 Funds will be for construction costs of the business incubation and service stations portion of a 12 000 sq ft economic empowerment center in 2014 to improve the life station of over 1 300 young adults unemployed residents and small business owners in the area Area Served Ktsap County (Population Served Low Income N umber Served 1 300 — _ _ _ _ ___ ___ _ _- _ - _ _ -- 111 SALVATION ARMY - H Center $400000 $ 138000 Funds will be used for a complete remodel and renovation of the existing Salvation Army budding in Bremerton as Homeless Housing Grant well as the construction of a new hygiene center for homeless individuals (shower and laundry facilities) The food Program bank will be expanded as well as additional space for feeding the hungry for social services case management, for document storage and youth programs and to respond the needs of the homeless and put them back on a path towards self sufficiency Area Served Kitsap County 1 1 2 opulation Served Low and Very Low Income N umber S erved 12 000 -_ - -- �, -- Page 7 of 7 EXHIBIT C 2014 Kitsap Coordinated Grant Application Funding Recommendations and Contingencies - CAPITAL Local Federal HUD Funds Surcharge Funds City of Homeless Kitsap County Kitsap City of Bremerton City of Housing Amount Amount Kitsap Economic County Bremerton Economic Bremerton Grant App ii Housing, Public Facility & ED Applicatio Requested Recommended County CDBG Development HOME CDBG Development HOME Program f 101 ��;Habitat for Humanity - Whittle � ( J $250,371 L $ _ _ -�lT_ 145,26911 _ � 1 $ Housing Kitsa p is Comm p Rhododendron A 102 Center Rehab $75 000 _ $75,000 L 103 I�Hous�ng Kitsap - Single Family Rehab --- - $180,000]_ $158,607 _ $158,60�L 104 HRB - Ferncliff Apartments $290,000 1 $145,270 105 [KC - BE$T Micro Ent erpnse _ _ 1[ _ $81,5 - ___ - $81,500 __ JL _$56 OIL _ _ I�_ _ _U $24,537j' 106 [KCR - Save West Hills Pre - School $300,000 $300,000 $ _ [ 107 & Minor Home R epair -�[ _$200,000[ _ $200,000 _ $125 �j $75,000j[ 108 Kitsa Rescue Mission_Safe Harbor - _� $50 000 $25,000 109 ] LMa - Ebenezer Elevator R - ' � $25,O__� $ _`_ _$25,000 L ---�I Martha &Mary - Heating & Hotwater Boiler 110 Replacement � $50,000 $50,000 [ lil JSalva Ar my Hygien Center I L _$400,000 L _]( _ _�[ _ �� _ y _ _ $138,000 112 C Poulsbo - Business Revitalization Vilong Ave $60,000 $0 113 Housing K rtsa p A lmira Drive �� $252,000 114 INew Life - Economic Empowerment Center $220,000 _ $0 I COB Parks - Evergreen Rotary Park Waterfront j - �( I� ;+ 11S _I'(withdrawn) $88,500 � $0 I Total Alloca $2,197,00011 $1 $607,771 L $_56,963 $290,5391 $200,836 53 $24,7 $0 $163,000 - - -- - - -- _ Total Remaining�l__ �[ ^ _ 5184,717 _ _ $6,517 L ,_ S6,517; __ _ $0 _ $ - - -- �' r -- - -- - - - - -- - - - - -- -- _ 50 $ 184,717 _ $od Total NOFA + Reallocated Prior Year ( $2,282,6711 $1,528,363 $601,254 ( $ 63,480 �$29Q539 ( $20 0,836 F x$184,717 $163,000 _ $ N OFA• ; ' $1335 434 $5713251 $63 480 � $ $200,836 $24, $1 84_,7_17 01 I - - - - -- - - - - -- -- - - -- ,L -' - -'- - -' - -- '- J Prior Year Reallocated1l $29,929 $29,92911 - - 1 �� ED set aside fun ds not allo t o ED projects were allocated to Pop tol pnojects qty of Bremerton HOME surplus due to no eb gible op pbcorions f or these f unds 2014 Funding contmpncies Of more funds are available increase HK Sin Famil Re hab to its full request Then if at least $10, is a vailable, ^ (Kitsa Coun CDBG Ca — _ — j _ fund City _of_Poulsbo for the staff portion of their request F _J[If less funds are availa reduce HK SFR ( #103), Weatheraatw ( #107), M &M Heatin (#1 M &M E { # 109 )_ — �] proportionally � BEST ( #1 05), R hododendr on ( # 102 ), and KCR West Hills ( #10_6) at full f unding — ] �� `- Gty of Bremerton CDB Capital _— _ �}� more fu a re available increase West Hills an Weathenzation proport to their fu ll r eque st The C ity will 11coordinate with KC Block Grant to decrease their awards to these projects b y the same amount, thereby allowin COB j I , Block Grant to full ex their award and KC Block Gr to a lloca te to other projects based on the GRC cont ingent rec ��[�_ �� ] If l - � ;Krtsap County CDBG ED = =16D j(ED award will be preserved (�[ ;% 3L of Br emerton CDBG ED — _ ED awar will be pre served GI [ �`K, isa C ounty HOME If m ore funds are available mcr ease Ferncliff to its requested amount f J If less funds are available, decrease funding to Whittle � �� � �� --------- _ __ [__ -__ _H- j City of Bremerton HOME JINo projects were eligible for City HOME fundin Increase to Gty Assistance Down Payment Asnce Program fundi will be 1 L__ �� - - - -- -- -' - -- - - -- -- - ]recommended — — --- 1 —.��- -- - - - }I - - - - � - ��� - - - i L 2014 Kitsap Coordinated Application Funding Recommendations and Contingencies - Public Services, Operations & Maintenance Federal HUD Funds Local Document Surcharge Funds Homeless Affordable Consolidated City of Housing Housing Homeless Amount Amount Kltsap Bremerton Grant Grant Grant App # Services /O &M Applications Requested Recommended County CDBG CDBG Program Program Performance L 1 i Agap e - Koinonia OM $47,217 $40,000 1 40000 I 2 Agape - Sisyphus II OM $68,837 $60,000 $37,054 $22,946 3 �jBHA - Rental Assistance $96,750 $85,000 I 85000 4 Boys & Girls Club - Brem Teen Initiative $15,000 $10,000 $10,000 5 J IBoys & Girls Club - Bremerton & South Krtsap $15,000 $10,000 $10,000 6 Bremerton Foodline - Salaries 2014 $10,000 $10,000 $10,000 L 7 i 'Bremerton Services - Chuckwagon $24,000 $24,000 $24,000 8 Catholic Community Services - Benedict House $184,789 $115,818 $72,296 $43,522 �_ 9 Catholic Housing Services Max Hale OM $81,028 $81,028 $42,118 $38,910 10 CK Foodbank - Food Distribution $25,000 $25,000 $25,000 it jHelpline House - Community Support Services $13,000 $13,000 $13,000 12 Hope In Christ - Oasis Youth Continuum of Services $119,016 $119,016 $119,016 13 Housing Kltsap -Housing Stablization $225,000 $200,000 $200,000 14 HRB - Rental Assistance $67,000 $55,000 $55,000 15 ]KACE - Educational Tranistions $15,000 $10,000 $10,000 16 KCR - Homeless Services $170,000 $170,000 $170,000 : 17 IKitsap Contwum of Care Coalition $53,908 $53,908 $53,908 18 Kltsap Recovery Center - Emergency Housing $87,600 $60,000 $60,000 19 jKitsap Rescue Mission - Fresh Start $25,000 $25,000 $25,000 r 20 Kltsap Sexual Assault - Child Abuse Intervention $18,366 $10,000 $10,000 J 21 ILmdquist Dental - Children Dental Care 2014 $15,000 $10,000 $10,000 1 22 North Kltsap Fishline - Homeless Support Services $60,000 $60,000 $60,000 23 ^ 'SK Helpline -Staff Salary Assistance $62,868 $54,493 $54,493 24 Weaver Foundation - Georgia's House $71,500 $30,000 $30,000 1_ 25 _jlWest Sound Treatment Center - Compass Vocation $51,007 $40,000 $40,000 1 26 West Sound Treatment Center - Forward Bound $71,861 $66,364 $50,000 $16,364 r 27 West Sound Treatment Center - O'Hana House $67,604 $49,062 $30,000 $19,062 J 28 West Sound Treatment Center The Lighthouse $44,623 $44,623 $23,479 $21,144 29 [West Sound YFC - ILS Housing Specialist $63,926 $60,000 $60,000; 30 YMCA - Childcare $25,000 $10,000 $10,000 L_: _�j YYWCA - Alive Advocacy Services $26,500 $16,6251 $16,625 32 YWCA - Shelter Transitional Housing $55,120 $55,120 $55,120 ' J 33 1JRMH - Untreated Mentally III $26,800 $0 34 Sound Works Job Center - No Fee Job Referral $10,000 $0 F 35 — ] jWest Sound YFC - City Life Field Staff $50,916 $0 Salvation Army Food Services Manager 36 (ineligible) $38000 $0 $0 i_ J i b Total Allocated $2,_064,236 $1,673,057 $146,493 $56,625 $1,097,871 $295,704 $76,3641 Total Remaming* $163,000 $0 $0 $163,000 $0 $0 NOFA Total 1,836,057 $146,493 $56,625 $1,260,871 $295,704 $76,364 �� ! * $163,000 remaining recommended via Capital allocation process ( = !2014 Funding Contingencies Kitsap County CDBG If more funds are available, increase all funded projects proportionally up to requested amount I If less funds are available, decrease projects in excess of award minimum I ji proportionally to $10,000 minimum award r-_ ,City of Bremerton CDBG If more funds are available, increase funds equally up to the requested amount j If less funds are available, decrease projects in this order YWCA ( #31), B &G (#4), Lindquist ( #21), KACE ( #15), Foodlme ( #6) Projects decreased below $10k will be cut, and remaining funds distributed equally among remaining projects 4 15 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT Public Hearing to receive Study Session Date Budget Workshops comments on Revenue Sources for the COUNCIL MEETING Date November 6, 2013 Proposed 2014 City of Bremerton Budget Department Financial Services (No action to be taken) Presenter Becky Hasart Phone 360- 473 -5722 SUMMARY Tonight's public hearing is to take comments on the proposed revenue sources for the 2014 Proposed Budget The proposed budget anticipates property and EMS levy increases of the full 1% allowed by law, leaves the utility taxes /PILOT rates unchanged (but does redistribute how the revenues from these sources are used), leaves commercial parking tax rates unchanged, adjusts for the annual $20,000 increase to the B &O tax exemption rate, adjusts anticipated utility rate increases down from what was anticipated with the adopted rate model, includes interfund transfers between funds where appropriate, etc Overall, revenue projections throughout all funds remain conservative ATTACHMENTS None The 2014 Proposed Budget and related budget workshop presentations may be found on the City's website at www ci bremerton wa us FISCAL IMPACTS (Include Budgeted Amount) Total proposed general fund revenue, without beginning fund balance, is $34,311,740 With beginning fund balance, total general fund revenue is $38,435,367 Total proposed revenue city wide, without beginning fund balance, is $90,501,419 With beginning fund balance, total revenue city wide is $117,968,249 STUDY SESSION AGENDA ❑ No Discussion N Full Presentation STUDY SESSION ACTION ❑ Consent Agenda ❑ General Business ❑x Public Hearing RECOMMENDED MOTION Open the public hearing for comments After consideration of public comments, move forward with Ordinance No 5227 to adopt the 2014 property and EMS levy rates, and move forward with the Ordinance No 5228 to adopt the 2014 utility rates (both under separate agenda bills) COUNCIL ACTION ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 11/02/12 AGENDA BILL "7C CITY OF BREMERTON CITY COUNCIL 0 ■ a00Ea0n00Na000000E0000MNN00000MM00M0aXM0M00M90M0aaffa00000N00200Ema0N0W00K0KW00N0N0e001 SUBJECT Public Hearing to adopt Study Session Date Budget Workshops Ordinance No 5227 levying Property Taxes COUNCIL MEETING Date November 6, 2013 for collection in 2014 Department Financial Services Presenter Becky Hasart Phone 360- 473 -5722 SUMMARY Cities over 10,000 in population are allowed to raise their annual property tax collection by either 1% or the amount of the July Implicit Price Deflator (IPD), whichever is lower This year, the IPD was 1 314% As presented during the public hearing earlier this evening, the City is requesting the full 1 % increase to our general property tax levy over the prior year's collection, as allowed by law This increase, along with the amounts anticipated for new construction, has been included in the 2014 Proposed Budget In addition, we are also requesting the full 1 % increase to our EMS levy However, the EMS levy is subject to the $0 50 per $1,000 cap in the levy rate The EMS amount anticipated in the 2014 Proposed Budget reflects this limitation RCW 84 52 020 requires all taxing districts to "certify to the county legislative authority, for the purpose of levying district taxes the amounts to be raised" by property taxes RCW 84 55 120 requires that the certification includes the enabling tax ordinance setting the property tax rate These documents must be submitted to the county by November 30, 2013 ATTACHMENTS 2014 Tax Year Levy Limit Calculations (from Kitsap County Assessor's Office) Ordinance No 5227 establishing the amount to be collected in 2014 by taxation on the assessed valuation of taxable property within the City limits of Bremerton and setting the property levy rate FISCAL IMPACTS (Include Budgeted Amount) The proposed 2014 budget anticipates passage of this ordinance For the general property tax levy, 2014 anticipated revenue is $6,680,132 after adjustment for collection rate and delinquent taxes For the EMS levy, 2014 anticipated revenue is $1,197,391 after adjustment for collection rate and delinquent taxes For the Public Safety bond voter approved levy, 2014 anticipated revenue is $860,000 after adjustment for collection rate STUDY SESSION AGENDA ❑ No Discussion Ox Full Presentation STUDY SESSION ACTION ❑ Consent Agenda ❑ General Business px Public Hearing RECOMMENDED MOTION Move to approve Ordinance No 5227 of the City Council of the City of Bremerton, Washington, establishing the amount to be collected in 2014 by taxation on the assessed valuation of taxable property within the City limits of Bremerton and setting the property levy rate I II' COUNCIL ACTION ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 11/02/12 ORDINANCE NO 5227 AN ORDINANCE of the City Council of the City of Bremerton, Washington, establishing the amount to be collected in 2014 by taxation on the assessed valuation of taxable property within the City limits of Bremerton and setting the property levy rate WHEREAS, the City Council attest that the population of the City of Bremerton for 2014 is 37,850, and WHEREAS, the City Council has properly given notice of the public hearing held on November 6, 2013, to consider the City's revenue sources for the City's General Fund budget, and WHEREAS, the city's actual levy amount from the previous year, including any refunds and abatements levied was $6,613,992, and WHEREAS, the city's actual EMS levy amount from the previous year, including any refunds and abatements levied was $1,197,391, and WHEREAS, the City Council, after hearing and duly considering all relevant evidence and testimony presented, has determined that the City of Bremerton requires a regular levy and EMS levy in the maximum amounts allowable, which is a one percent (1 %) increase as allowed by law NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS SECTION 1 That an increase in the regular property tax levy is hereby authorized for the levy to be collected in the 2014 tax year The dollar amount of the increase over the actual levy from the previous year shall be $52,085 which is an effective percent increase of 0 7875% from the previous year This increase is exclusive of additional revenue resulting from new construction, improvements to property, newly constructed wind turbines, any increase in the value of state assessed property, and any additional amounts resulting from any annexations that have occurred and abatements and refunds made SECTION 2 That an increase in the EMS levy is hereby authorized for the levy to be collected in the 2014 tax year The dollar amount of the increase over the actual levy from the previous year shall be $15,424 which is a percent increase of 10% from the highest allowable levy This increase is exclusive of additional revenue resulting from new construction, improvements to property, newly constructed wind turbines, any increase in the value of state assessed property, and any additional amounts resulting from any annexations that have occurred and abatements and refunds made This levy is further subject to the maximum allowable levy rate of $0 500000 per $1,000 of assessed valuation 1 2014 PropertyTax SECTION 3 That a property tax levy for debt redemption of the 2010 Public Safety UTGO Refunding Bonds, as previously authorized by the voters, is hereby authorized to levy property taxes to be collected in 2014 at a rate sufficient to provide $900,000 needed to meet debt service obligations in 2014 SECTION 4 Severability If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect SECTION 5 Effective Date This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law PASSED by the City Council the day of , 2013 GREG WHEELER, Council President Approved this day of , 2013 PATTY LENT, Mayor ATTEST APPROVED AS TO FORM SHANNON CORIN, City Clerk ROGER A LUBOVICH, City Attorney PUBLISHED the day of 7 2013 EFFECTIVE the day of , 2013 ORDINANCE NO 5227 2 2014 PropertyTax 2014 TAX YEAR LEVY LIMIT CALCULATI CITY OF BREMERTON District # 8700 Previous Year's levy Including Any Refunds & Canceled Taxes Levied = 6,613,992 The district's resolution or ordinance must authorize any increase in terms of both the dollars and percentage over the previous year's levy This increase is exclusive of new construction, increases in state assessed property (utilities), any annexations and refunds requested Highest Allowed Levy Since 1986 = 6,600,076 Differences between this amount and the previous year's levy are refunds and canceled taxes levied last year which are not included in this amount and /or any banked capacity your district may have 1% Increase to Highest Allowed Levy = 6,666,077 This is the maximum allowed but may change to match what is authorized by resolution or is lawfully allowed for your district It is exclusive of the items listed under the previous year's levy The dollar and percent increase over the previous year's actual lei to collect this amount is $52,085 and 0.7875%. Amount due to New Construction = 38,118 New construction assessed value 13,801,597 X 2 761835 (the prior year's levy rate) = 38,118 Amount due to Increase in Utilities = 0 This amount will be zero until the values are received from the Department of Revenue Since this amount may be unknown when you have your budget hearings, you may want to add an amount in your budget or levy certification in order to collect any unknown amount due to an increase in utilities AV of Annexed Property = 0 Amount due to Annexations = 0 The amount due for annexations is set when assessed values are final in January Districts with annexations may want to add an amount in the budget or levy certification for any increases allowed Current Total Assessed Value = 2,301,121,878 This amount may fluctuate until values are final in January Tax Refunds & Canceled Taxes less Supplements = 74,918 Please include a dollar amount for refunds and canceled taxes in your budget and or levy certification to show the district's intent to collect these amounts Projected Levy Rate = 2.913446 Maximum Levy Rate = 3.433886 Maximum levy rates for cities are estimated until final levy rates for Fire and Library Districts are known ESTIMATED TOTAL LEVY LIMIT AMOUNT = 6,779,113 Kitsap county Assessor's Office, Shannon Lewis (360) 337 -7094 1t �tL` i w, 2014 TAX YEAR LEVY LIMIT CALCULATION CITY OF BREMERTON EMS District # 8701 Previous Year's Levy Including Any Refunds & Canceled Taxes Levied = 1,197,391 The district's resolution or ordinance must authorize any increase in terms of both the dollars and percentage over the previous year's levy This increase is exclusive of new construction, increases in state assessed property (utilities), any annexations and refunds requested Highest Allowed Levy Since 1986 = 1,542,370 Differences between this amount and the previous year's levy are refunds and canceled taxes levied last year which are not included in this amount and /or any banked capacity your district may have 1% Increase to Highest Allowed Levy = 1,557,794 This is the maximum allowed but may change to match what is authorized by resolution or is lawfully allowed for your district It is exclusive of the items listed under the previous year's levy Amount due to New Construction = 6,901 New construction assessed value 13,801,597 X 500000 (the prior year's levy rate) = 6,901 Amount due to Increase in Utilities = 0 This amount will be zero until the values are received from the Department of Revenue Since this amount may be unknown when you have your budget hearings, you may want to add an amount in your budget or levy certification in order to collect any unknown amount due to an increase in utilities Current Total Assessed Value = 2,301,121,878 This amount may fluctuate until values are final in January Tax Refunds & Canceled Taxes Less Supplements = 15,100 Please include a dollar amount for refunds and canceled taxes in your budget and or levy certification to show the district's intent to collect these amounts Projected Levy Rate =.500000 Maximum Levy Rate= 500000 Maximum levy rates for cities are estimated until final levy rates for Fire and Library Districts are known ESTIMATED TOTAL LEVY LIMIT AMOUNT =1150,560 * * *at current assessed value due to statutory rate restriction amount may fluctuate up or down until values are final. Kitsap County Assessor's Office, Shannon Lewis (360) 337 -7094 sio as co r as, ; w ;i , AGENDA BILL "ID CITY OF BREMERTON CITY COUNCIL ■■ ����s��000E0M000000E0FEa0000000aM0000NN00000000000000EE0K0000NX000e000EaaE0ENaM0aN0001 SUBJECT Public Hearing to adopt Study Session Date Budget Workshop Ordinance No 5228 amending Rates and 10/7/13 & 10/15/13 Fees for Water, Wastewater, Stormwater COUNCIL MEETING Date 11/06/13 and other related services Department Finance /Public Works Presenter Becky Hasart Phone 360 -473 -5722 SUMMARY Beginning in May 2012, the City had been conducting a comprehensive rate study to assess the revenue requirements needed for and costs associated with our Water, Sewer, and Stormwater utilities After numerous meetings with the Citizens' Advisory Committee, Council, and the public, the revenue requirements have been identified for all three utilities and a new rate structure for residential water rates was established and adopted on April 3, 2013 Subsequent to the rate model adoption, as part of the 2014 Proposed Budget development, adjustments were made to the capital and operational needs of the City's utilities These changes were incorporated into the rate model, resulting in proposed increases that are less than what was anticipated in April 2013 These changes were also incorporated into the 2014 Proposed Budget as presented during the two budget workshops in October The attached ordinance reflects these adjustments for fiscal year 2014 ATTACHMENTS 1) Ordinance No 5228 amending rates and fees relating to Water, Wastewater, Stormwater and other related services 2) Exhibit A — Rates Table FISCAL IMPACTS (Include Budgeted Amount) For water rates, the average bi- monthly increase went from $3 95 to $3 70 ($0 25 difference), for sewer, the average bi- monthly increase went from $3 51 to $3 01 ($0 50 difference), and for Stormwater, the average bi- monthly increase went from $1 39 to $0 52 - $0 58 ($0 87 to $0 81 difference) STUDY SESSION AGENDA ❑ No Discussion ❑x Full Presentation STUDY SESSION ACTION ❑ Consent Agenda ❑ General Business 0 Public Hearing RECOMMENDED MOTION Move to approve Ordinance No 5228 of the City Council of the City of Bremerton, Washington, amending rates and fees established in Ordinance No 5213 regarding rates and fees relating to the Department of Public Works and Utilities for water, wastewater, Stormwater and other related services COUNCIL ACTION ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 11/02/12 ORDINANCE NO 5228 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending rates and fees established in Ordinance No 5213 regarding rates and fees relating to the Department of Public Works and Utilities for water, wastewater, Stormwater and other related services WHEREAS, the City Council desires to amend the rates and fees established in Ordinance No 5213 by this ordinance, NOW THEREFORE THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS SECTION I Rate Tables established Rates and fees for services relating to the Department of Public Works and Utilities for water, wastewater, Stormwater and other related services, as established in Ordinance No 5213, are hereby amended and reestablished as set forth in the rates tables attached as Exhibit A, incorporated herein by reference SECTION 2 Rate Tables — Effective date The rate tables as amended and set forth in Exhibit A shall be effective January 1, 2014 SECTION 3 Severabalaty If any one or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect SECTION 4 Effective Date This ordinance shall take effect and be in force ten (10) days from and after its passage, approval, and publication as provided by law PASSED by the City Council of the City of Bremerton, Washington this day of 2013 GREG WHEELER, Council President Approved this day of , 2013 PATTY LENT, Mayor APPROVED AS TO FORM ATTEST ROGER A LUBOVICH, City Attorney SHANNON L CORIN, City Clerk PUBLISHED the day of , 2013 EFFECTIVE the day of , 2013 ORDINANCE NO 5228 Exhibit A ASSESSMENTS, RA7 ES, FEES, AND CHARGES EFFECTIVE January 1, 2014 Within Outside City Limits City Limits GFNFRAL FACILII Y CHARGES Water (per Meter Size) 5/8" x 3/4" $ 2,51100 $ 2,51100 1" $ 6,27600 $ 6,27600 11/2" $ 12,554 00 $ 12,554 00 2" $ 20,084 00 $ 20,084 00 Greater than 2" Calculated based on usage Calculated based on usage Wastewater (per ERU) $ 3,80100 $ 3,80100 Stormwater (per IHSU) $ 1,01900 N/A CONNEC IIONAN'SPI C7 ION FEES Water Connection Fees 518" x 3/4" $ 2,05500 $ 3,08250 1" $ 2,22100 $ 3,33150 1 1/2" $ 4,35700 $ 6,53550 2" $ 4,53600 $ 6,80400 Greater than 2" Actual Time & Materials 150% of Actual Time & Materials Field Inspection Fees Water main extensions (per foot) $ 129 $ 194 but not less than $ 47700 $ 71550 Pump Station $ 62900 $ 94350 Miscellaneous (per hour) $ 5300 $ 7950 Wastewater Connection Fees Lateral Connection at P/L $ 5200 $ 7800 Lateral Connection at Main $ 30800 $ 46200 Conveyance Facility Ext (Per Foot) $ 170 $ 255 but not less than $ 37100 $ 55650 Pump Station $ 61700 $ 92550 Miscellaneous (per hour) $ 5200 $ 7800 3 t 1 of 8 Within Outside City Limits City Limits .12381 AIL WA I ER SFRVICE RA 1 L+ S General Service - Monthly Service Charge Meter Size 5/8 x 3/4 inches &----40-24 $ 1116 $ 1596 $ 1674 lurch $ 11 71 $ 1276 $ 17 57 $ 1914 1 1/2 inch $ 1664 $ 18 14 $ 24-96 $ 2721 2 inch $ 2236 $ 2437 $-- 3353 $ 3656 3 inch S 42 4i $ 4623 $ 6362 $ 6935 4 inch $ ; Eg Ra $ 8591 $ 14 823 $ 12887 6 inch $ 28093 $ 30547 $--4-20-4 $ 45821 8 inch S 1,02369 $ 1,11591 $ 1,53152 $ 1,67372 10 inch $ 3,65100 $ 3,97959 $ 5,47649 $ 5,96939 12 inch a " u - 7 25 90 $ 14,960 58 $ 2058794 $ 22 440 87 Residential Commodity Charge (per HCF) Per HCF/Month $- 177 $ 193 % 266 $ 290 Non - Residential Commodity Charge (per HCF) $ 1-60 $ 174 $ - --240 $ 261 Fire Protection - Monthly Service Charge Service Size 1 inch $ 2425 $ 23 16 $ 31 8 $ 3474 1 1/2 inch $ N 98 $ 3486 $ 4? 97 $ 5229 2 inch $ -41 58 $ 4532 $ 6237 $ 6798 3 inch $ 45-82 $ 4994 S 683 $ 7491 4 inch S 4994 $ 5443 8 -7491 $ 8165 6 inch $- 62 33 $ 6794 $ 9350 $ 10191 8 inch $ 8298 $ 9045 $ 1-24 $ 13568 10 inch $ 116 13 $ 12658 $ 174 20 $ 18987 12 inch $ 16590 $ 18083 $ 248-85 $ 27125 Commodity Charge (per HCF) $ 1:10 $ 349 $ 480 $ 524 - For Usage Other Than Firefighting Low - Income Senior and Low- Income Disabled Citizen - Monthly Service Charge Base Charge (per account) $- - Ima=r $ 11 16 $ --15 36 $ 1674 Commodity Charge 0 - 5 HCF/Month No Charge No Charge Over 5 HCF/Month $ 1-77 $ 193 $, 266 $ 290 Temporary/Construction Meter 1" Meter Deposit $ 30000 $ 30000 Base Fee (per month) 14 71 $ 1276 $- --4-7-57 $ 1914 Set Up Fee $ 11200 $ 11200 Hydrant meter (3" Meter) Deposit $ 2,00000 $ 2,00000 Base Fee (per month) T, 2 41 $ 4623 $ 6362 $ 6935 Set Up Fee $ 11200 $ 11200 Equipment Loss/Damage Actual Time & Materials 150% of Actual Time & Materials c Commodity Charge (per HCF) $ - -1-60 $ 174 $ - - -2 $ 261 2of8 Within Outside City Limits City Limits RFTAR U AFER SERVICE RAFES(coa d} City Parks and Recreation Dept - Irrigation Commodity Charge (per HCF) $ —0 8 $ 087 Gold Mountain Golf Course Complex - Irrigation Coinmoday Charge (per HCF) S __i- $ 1 18 3of8 Within Outside City Limits City Lumts RETAIL WASTFWATER SERVICF RATES Monthly Service Charge Single Family Base Charge (per account) $ - 26 $ 3220 $ - -468 4830 Commodity Charge (per HCF) $ 41 $ 432 5r 6-29 $ 648 Duplex on I Meter or 2 Bldgs on 1 Meter Base Charge (per unit) $ 24 76 $ 2550 $ 3:7 14 $ 3825 Commodity Charge (per HCF) $ -44.9 $ 432 $ --6 -29 $ 648 Multi - Family Base Charge (per unit) $ 24 76 $ 2550 $ 37 i4 $ 3825 Commodity Charge (per HCF) S, 419 $ 432 8 62 $ 648 Low- Income Senior and Low- Income Disabled Citizen Base Charge (per account) $ 4939 $ 1997 29 09 $ 2996 Commodity Charge (per HCF) 0 - 5 HCF/Month No charge No charge Over 5 HCF/Month $ 4-19 $ 432 $ $ 648 Commercial I Base Charge (per account) $ 4621 $ 4760 $ 6932 $ 7140 Commodity Charge (per HCF) $ -- — 4 32 $ 445 S 6 18 $ 668 Commercial II Base Charge (per account) S 4702 $ 4842 _s ' $ 7263 Commodity Charge (per HCF) Er --6 76 $ 696 $ 19 =9 $ 1044 Commercial III Base Charge (per account) S 4655 $ 4795 $ 698:'q $ 7193 Commodity Charge (per HCF) $ -- 553 $ 570 $ - - -RHO $ 855 Beverage Production Base Ch arge ( per account) $ 47 W $ 4842 $ 7052 $ 7263 Commodity Charge (per HCF) $ - - -4 39 $ 452 $— - 649 $ 678 Commercial Fountains - Sep Metered Base Charge (der account ) $ 462-1 $ 4760 $ 69- $ 7140 Commodity Charge ( per HCF ) $ —143 $ 147 $ 221 Septage Disposal (per gallon of tank capacity) $ 023 $ 024 $ 8 33 $ 036 Leachate Per Gallon of Tank Capacity S 0 11 $ Oil S 017. $ 017 Tndividual Residential Grinder Pumps Grinder Pump Surcharge $ 10Q $ 1030 $ 1300 $ 1545 Low - Income Senior and Low - Income Disabled Grinder Pump Surcharge $ 750 $ 773 ag $ 1160 4of8 Withm Outside City i imits City Limits R1 I A IL S'TORMWA'TER RA TES Monthly Service Charge Residential I (Single Family/Duplex) Base Charge (per account) $ — -- 934 fi 983 N/A Exception Duplex with 2 Meters (per account) 4, 48i $ 495 N/A Residential II Base Charge (per IHSU) + 50% of the Base Charge $ j430 $ 1473 N/A Residential III Base Charge (per IHSU) + 100% of the Base Charge S --1907 $ 1964 N/A Commercial I Base Charge (per IHSU) S 9 54 $ 983 N/A Commercial II Base Charge (per IHSU) + 50% of the Base Charge $ 14 30 $ 1473 N/A Commercial III Base Charge (per IHSU) + 100 11 /6 of the Base Charge $ W 07 $ 1964 NIA Public School Districts (per account) -S 954 $ 983 NIA Low - Income Senior and Low - Income Disabled Citizen Base Charge (per account) $ --342 $ 599 N/A Multi - Family & Commercial Rate Adjustment Water Quality (per IHSU) $----14% $ 109 N/A Water Quantity (per IHSU) $ 3-; 9 $ 329 N/A Stormwater Penalty New Multi - Family & Commercial development without on -site detention Charge (per IHSU) - - - -1 ? $ 218 N/A 5of8 Within Outside City Limits City Limits MISCFLLANEOUS 1+EES AND CHARGES Park Reservation Fee $ 5000 $ 5000 (non - refundable) Office Services New Account (includes water turn-on) $ 2000 $ 2000 Account Maintenance $ 500 $ 500 Past Due Notice $ 250 $ 250 Lien Recovery Charge $ 10000 $ 10000 Uose Account/Meter Read/Water Service 1 um- off $ 2000 $ 2000 Field Services Pavement Restoration Charge (refundable, if assessed and not required) Asphalt Patch $ 69400 $ 1,04100 Concrete Patch $ 1,24800 $ 1,87200 Asphalt Trench $ 1,58200 $ 2,37300 Concrete Trench $ 1,59800 $ 2,39700 County Road Permit N/A Cost Wet Tapping (Water Main Only)* 3" to 10" - excluding excavation & backfill $ 2,86000 $ 4,29000 4" x 12" - excluding excavation & backfill $ 3,17900 $ 4,76850 6" x 12" - excluding excavation & backfill $ 3,58400 $ 5,37600 8" x 12" - excluding excavation & backfill $ 4,24700 $ 6,37050 12" x 12" - excluding excavation & backfill $ 5,48400 $ 8,22600 3" to 10" - service to property line $ 7,05100 $ 10,576 50 4" x 12" - service to property tine $ 6,95200 S 10,428 00 6" x 12" - service to property line $ 7,43000 $ 11,145 00 8" x 12" - service to property line $ 8,22200 $ 12,333 00 12" x 12" - service to property line $ 10,048 00 $ 15,072 00 Greater than - 8=x-8-' 12" Actual Time & Materials 150% of Actual Time & Materials Fire Hydrant Installation* 8" x 6" and smaller - service to property line $ 8,62900 $ 12,943 50 6 "x 10" and 6 "x 12" - service to property line $ 9,57400 $ 14,361 00 Greater than " 6" x 12" Actual Time & Materials 150% of Actual Time & Materials Water Meter Reinstallation 3/4" & 1" $ 8000 $ 8000 1 -1/2" & 2" $ 13200 $ 13200 3" and greater Actual Time & Materials Actual Time & Materials Water Meter Reactivation $ 5000 $ 5000 Water Meter Tampering Tampering Removal $ 25000 $ 25000 Tampering Reinstallation Actual 1 ime & Materials Actual Time & Materials Cross - Connection Control Inspection $ 5600 $ 5600 6of8 Within Outside City Limits City Limits MISCELLANEOUS (eont'd) Fire Service - Detector, Meter & MXU $ 43600 $ 43600 Sturz Adapter $ 30400 $ 30400 Water Service Turn- offlTurn -on (Customer Request) Regular Hours $ 2000 $ 2000 After Hours $ 17500 $ 17500 Delinquency Notice $ 1000 $ 1000 Water Service Tum- off/Tum -on (Delinquent Accounts) Regular Hours $ 5000 $ 5000 After Hours $ 17500 $ 17500 Flow and Pressure Test (Uncertified) 3/4" & 1" meters only $ 5600 $ 5600 1 -1/2" & 2" meters only $ 10200 $ 10200 Larger than 2" Actual Time & Materials Actual Time & Materials Utility Plant Locates Regular Hours N/C N/C After Hours $ 19100 $ 19100 Emergency N/C N/C Meter Test Fee (based on meter size) 3/4" & 1" $ 13200 $ 13200 1 -1/2" & 2" $ 18200 $ 18200 3" or greater Actual Time & Materials Actual Time & Materials Engineering Services" Plan Check Fees Main Extensions per foot $ 029 $ 044 13UT not less than $ 24400 $ 36600 (Includes hydrants and appurtenances and connection to water system) Pump Stations $ 61300 $ 92000 Firelme Extension $ 9800 $ 14700 Imgation Systems $ 9800 $ 14700 System Connections $ 9800 $ 14700 Miscellaneous (per hour) $ 5200 $ 7800 7of8 Within Outside City Limits City Limits MISCELLANEOUS (confd) Storm Drainage Plan Review Fees * ** Preliminary Drainage Plans Residential Development $ 37900 N/A Non - Residential Development $ 26200 N/A Plus per IHSU $ 1141 Final Detailed Drainage Plans Residential Development (per lot) 0 - 20 Lots $ 4107 N/A 21 - 50 Lots $ 2967 N/A 51 - 100 Lots $ 2625 N/A 100+ Lots $ 2282 N/A Minimum Charge $ 29100 N/A Non - Residential Development per IHSU $ 2282 N/A Minimum Charge $ 34900 N/A Resubmittal Fees First Resubmittal No Charge N/A Subsequent Resubmittal $ 29100 N/A Storm Drainage Inspection Fees * *" Residential Development (per lot) $ 1712 N/A Non - Residential Development (per IHSU) $ 1712 N/A Minimum Charge $ 17500 N/A Conveyance Facility Extensions (per foot) $ 091 N/A Mmimwn Charge $ 34900 N/A Unscheduled Inspections * * ** (per site visit) $ 5200 N/A Utility/Lien Search Fee (Manual) per parcel $ 3000 $ 3000 *Pavement Restoration Charge May Also Be Assessed ** Fees include ongmal review and one resubmittal review Additional reviews will be charged at miscellaneous hourly rate (above) * ** Does not apply to single family residence or duplex construction on an existing established lot * * ** (Unscheduled inspections shall be tracked through the course of a project and billed after the final site inspection Fees for unscheduled inspections shall be paid prior to final occupancy approval) a Of 8