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03/04/2015 AGENDA
i i I CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337 ❑ Phone (360)473-5280 MARCH 4, 2015 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 Special Meeting— February 19, 2015 C. Minutes of Study Session — February 25, 2015 D. Purchase of one Toro Ground Master 4700D Mower for the Parks & Recreation Department from Western Equipment Distributors of Kent, WA E. Purchase of one JD 4066R Tractor for the Parks & Recreation Department from Washington Tractor of Poulsbo, WA F. Purchase of one 2015 Ford F250 4X4 Crew Cab Pickup for the Waste Water Division from Legacy Ford of Pasco, WA G. Interlocal Agreement between Kitsap County and the Cities of Bremerton, Poulsbo, Bainbridge Island, and Port Orchard relating to Low Income Housing Projects under the Affordable Housing Grant Program (SHB 2060) H. Interlocal Agreement between Kitsap County and the City of Bremerton relating to the HOME Program 6. GENERAL BUSINESS A. Concession Agreement between the City of Bremerton and the Bremerton Historic Ships Association (relating to the USS Turner Joy) B. Ordinance No. 5270 amending Chapter 2.32 of the Bremerton Municipal Code (BMC) relating to the Arts Commission and One Percent(1%)for the Arts Program C. Amendments to the Kitsap Regional Coordinating Council (KRCC) Interlocal Agreement 7. COUNCIL MEMBER REPORTS 8. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING ®Americans with Disabilities Act(ADA) accommodations provided upon request. Those requiring special accommodations please contact the City Clerk at(360) 473-5323 by noon on the day preceding the Meeting. 1 � 1 ' ��� ,1:',F•►~I ~ V -ii.. :� ' 1 �� f' �1' , I V �l1 1 1;x•1 ` ' '�Y'4,yf ., r 1 fir• i�"'"/ a'1't � zoo � S�Yn� b .•f �•• � �.�•• 1 ti � •, � _� � j��, �y/ ��a�. �, _•�3,'v�;ice._ _ ---"'� � �a � •� '�, -14 �`� � •1, 4.1 A614 �) � !�y �� �� � ��A��.�' __.r 1 1 I� �ff`•� ' `• .fir' . .� � e ~ �' �� �-i��� -.T= =Lir - "�Y` �•� �� �• ': • � 7Yt�tA, ?M � Lv #VOWN �• 1 ••1^..jj(`� t�� •' 4�r \ - \'may � ' 71 AVMMMI�l l l�`4 ' 1 \ ` !ti 1 1 y, a. 1 t• :�..�i:•:'Fs J�+4'�i•r'....�G - :A.ti�'dvaC�l,'-"rr:;eWtaf,�:.p..r..s�� - ., ' .,r ":;%if�Mrrw.`-sry�+T: .:. y,. ,ALL: _,:...�, ..•_�;� ;; :=.? ._M�•'. .:�„�.w. - - a_ _ ) , .._ - ,:/4th _.f! �lr. :,`R-„ily. p ..� _., _ ----r-..mor:�-a-�s..�--...._r.-....�...w;,�•..,::g- A.w� - 'J..1"� C �. 't i'! _�':n::,• Syn�_r..w.at.:! __ _ - �a'dj.��'�Ca� �510.LK11�:%�•�.'�.,', �1.. •.T-, 1y.i!a.:('.:i.:_.. ..:f�.::aa,�1�LL _ ...., _ _ _ _ -v+.$CJ.I�j�.+.�j.C- - ..r �`, _�r,`f'.K-+�A'•�ep���.�'.'.•r�rf'l<;_y�}.�. -iA'yy^�•�'��� ,•�„ �, -°%�.Ah_.?4;s�.¢�r.•aS�i,-?ems+=wy......�-�.a.,4_ F�/�'-4�jv��\w%]Y:>.�-�•'�`i-+l•�$sT,l _,�.c_ � ... \! .ti'r_rw"1f4c�a,(�� .+ 'tn: a,1i' --- �,� "e..: ;'-rit•:• �s'l'71•: - '��^' +. x r .s�...,.:..:,•re,.;��.- - ��... __ �. ._ ._ ��.`�� ._.;>=:.�:.`��;,`'y�'`...r�''J_�''� ?:;�ti.i+F:�::..::.�a.-;r•_Lr' al�:�;�^:�rdvt!=E%�i3xr.'.�F:z' .'�' .���'�' Photo by Margret Mountjoy anon ersey For your outstanding dedication and Historical Memorial Prese,-,iation throughout Kitsap County. You have identified nearly 100 memorials from military to historical markers to plaques of every recognition of the past century. The City of Bremerton thanks You for your excellent work, your passion, and caring about the citizens and qualify of life in our community. You have provided a legacy that will last decades. AIM11 I k3li "h A N I I M11 I i M 9 1 8 PA!ii i a I'l—, BR EM EIZTON HODS 1 NG AUTHORITY Bremerton Housing Authority Announces Section 8 Housing Choice Voucher Waitlist Opening MARCH 2, 2015 —MARCH 13, 2015 Applications will be available' ON LINE ONLYM ! You must have a: ✓ Social Security Number ✓ Contact email address ✓ Must 18 years or older *** Contact the Housing Authority if you do not have an SS# or valid email address at 360-616-7100 or at www.bremertonhousing.org for more information *** Section 8 Housing Choice Voucher (S8 HCV) Waitlist BRENIEK,-ON H o►,s N,r Frequently Asked Questions Which waitlist is opening? • The waitlist for Bremerton Housing Authority's (BHA) Section 8 Housing Choice Voucher program will be accepting applications. BHA's Public Housing waitlist is still closed. When will the S8 HCV wait list open? • The waitlist will be open for applications from March 2, 2015 thru March 13, 2015. What if I am already on the S8 HCV waitlist? • If you are currently on the BHA Section 8 waitlist you do not need to reapply. How will BHA be taking applications? • Applications will be accepted via an online process. All applicants are required fill out an online application found on the Bremerton Housing Authority website: www.bremertonhousing.org. • The Housing Authority will be using a lottery system to select a limited number of applications to be placed on the waitlist. What information is required to complete an application? • Applicants MUST have a contact email to submit their application. If no email is entered the application cannot be accepted. A confirmation email will be sent to the contact email when the application is received. No mailing address will be required to be placed on the waitlist. • Applicants must have a Social Security Number in order to submit an application. If you do not have an assigned Social Security Number you must contact the Housing Authority prior to completing application either by phone (360-616-1700) or in person at the front desk. How does the waitlist lottery process work? • The Housing Authority will randomly select 300 applicants to be placed on the S8 HVC waitlist. Section 8 Housing Choice Voucher (S8 HCV) Waitlist �iftl":14 Ef�l'0\ A 1,1l!)0 Rli'1' X11; Frequently Asked Questions 1' Can I fill out more than one application? • Only one application per adult will be accepted. Duplicate or multiple applications will not be processed. Why only 300 applications and why a lottery? • Limiting the number of applicants will allow BHA to work more efficiency and decrease the wait time. The lottery system has been proven to be a fair and cost effective way to manage a waitlist. What if I don't have a computer or know how to use one? • Locations that have computer access and staff support to assist with completing an online application are the following: ➢ The Summit computer lab (located in the Bay Vista Community; bus #26). BHA staff will be on site to help applicants with the application process. Hours are 8:00 am to 3:00 pm. ➢ Local Libraries (Bremerton and Silverdale) Computer use only. ➢ Kitsap Community Resources Computer Lab (8th Street location). Housing Solutions Center navigators will be on hand to assist applicants during some business hours. Call 360-473-2035 for hours. ***If you require a reasonable accommodation please submit your request in writing to BHA or call 360-616-1700 for further assistance*** I I I PrOC amatton WHEREAS, the Bremerton Branch of the NAACP, House of Refuge Fellowship Church, Ebenezer African Methodist Episcopal Church, Mount Zion Missionary Baptist Church, Bremerton Salvation Army, Kagayanons of Washington, and Kitsap County affiliate of Habitat for Humanity are holding the 15th annual Mission Outreach Day event on Saturday, March 7, 2015 at 2:00 P.M. at the Mount Zion Missionary Baptist Church at 1906 131h Street in Bremerton; and WHEREAS, Mission Outreach Day event is an annual celebration of four special occasions in the history of the modern day church in which the church took successful action to protect the basic human rights of people who were under attack by powerful forces: - The anniversary of the adoption of the Namibian Constitution(February 1990) - The anniversary of the release of Nelson Mandela from prison in South Africa(same day as the adoption of the Namibian Constitution) - The anniversary of the People Power Revolution in the Philippines(February 1986) - The commemoration of the Bloody Sunday march in Selma, Alabama(March 7, 1965), and WHEREAS, in addition to a celebration of the role of the church in protecting human rights, Mission Outreach Day event is a celebration of the role of the church in humanitarian outreach. There will be an offering taken up at the Mission Outreach Day event to be divided up evenly among several organizations dedicated to reaching out to help God's children in time of need: - Bremerton Branch of the NAACP - House of Hope in Cagayen de Oro, Philippines - Kitsap County affiliate of Habitat for Humanity - Bremerton Unit of the Salvation Army - Baja(Mexico) Soul Patrol NOW, THEREFORE, I, Patty Lent, Mayor of the City of Bremerton do hereby proclaim Saturday, March 7, 2015 as MISSION OUTREACH DAY in Bremerton and you are cordially invited to the event and celebrate some of the greatest work in the history of the modern day church. Those who attend are requested to bring donations of nonperishable food items to be distributed to food banks in our local community. Signed this 0 day of March 2015 Mayor Patty Lent CELEBRATING THE VICTORIES OF THE MODERN DAY CHURCH The Bremerton Branch of the NAACP, the House of Refuge Fellowship Church, the Ebenezer African Methodist Episcopal Church, the Mount Zion Missionary Baptist Church, the Bremerton Salvation Army Church,the Kagayanons of Washington, and the Kitsap County affiliate of Habitat for Humanity would like to invite you to the 15th annual Mission Outreach Day event on Saturday afternoon March 7, 2015 at 2:00 P.M. at the Mount Zion Missionary Baptist Church at 1906 13th Street in Bremerton. There will be a workshop on education at 2:00, followed by the program at 4:00. The Mission Outreach Day event is an annual celebration of 4 special occasions in the history of the modern day church, in which the church took successful action to protect the basic human rights of people who were under attack by powerful forces: - The anniversary of the adoption of the Namibian Constitution(February 9, 1990) - The anniversary of the release of Nelson Mandela from prison in South Africa (February 11, 1990) - The anniversary of the People Power Revolution in the Philippines (February 1986) - The commemoration of the Bloody Sunday march in Selma, Alabama(March 7, 1965) In addition to a celebration of the role of the church in protecting human rights, the Mission Outreach Day event is a celebration of the role of the church in humanitarian outreach. There will be an offering taken up at the Mission Outreach Day event, to be divided up evenly among several organizations dedicated to reaching out to help God's children in time of need: - The Bremerton Branch of the NAACP - The House of Hope in Cagayen de Oro, Philippines - The Kitsap County affiliate of Habitat for Humanity. - Bremerton Unit of the Salvation Army - Baja(Mexico) Soul Patrol You are cordially invited to come out and celebrate some of the greatest work in the history of the modern day church. Those who attend are requested to bring donations of nonperishable food items to be distributed to food banks in our local community. EVENT: 15TH ANNUAL MISSION OUTREACH DAY DATE: SATURDAY MARCH 7, 2015 TIME: 2:00 WORKSHOP ON EDUCATION, 4:00 P.M. PROGRAM PLACE: MOUNT ZION MISSIONARY BAPTIST CHURCH 190613 TH STREET BREMERTON, WASHINGTON For more information about the Mission Outreach Day event, call Carl Jakobsson at 360-434-8591 i m d F i 'rJ, T t�C �� �'�icPl+ �l'; � _.''1�• ,tel./ L IJ i-I Loo, A r y. . •1.0 OR F ,�� r i �'Z,��. �t�sl7i ec�1 ti�lh K. •,�.�• v^�-� +• r� l t♦A ,� 7'jjj u4 � .S." 1 , l.•.� y. Prodamatton WHEREAS, on March 22, 1972, President Richard Nixon signed into law a measure that amended the Older Americans Act of 1965 and established a national nutrition program for seniors 60 years and older; and WHEREAS,the Meals On Wheels Association of America established the National March for Meals Campaign in March 2002 to recognize the historic month, the importance of Older Americans Act Senior Nutrition Programs and raise awareness about senior hunger in America; and WHEREAS,the 2015 observance of the March for Meals campaign provides an opportunity to support Senior Nutrition Programs that deliver vital and critical services by donating, volunteering and raising awareness about senior hunger; and WHEREAS, Meals on Wheels Kitsap has served the City of Bremerton and other communities throughout Kitsap County admirably for more than 41 years; and WHEREAS,Meals on Wheels Kitsap provides nutritious meals to seniors in the City of Bremerton and throughout Kitsap County and helps them to avoid premature or unnecessary hospitalization and institutionalization and provides a powerful socialization opportunity for their senior clients to help combat loneliness and isolation; and WHEREAS,volunteers are the backbone of the Meals on Wheels Kitsap program as they provide hot,well-balanced meals and social interaction to seniors at community dining meal sites and deliver nutritious meals and friendly smiles to homebound elderly and individuals with disabilities; and WHEREAS,Meals on Wheels Kitsap deserves recognition for the contributions they have made and will continue to make to seniors throughout the City of Bremerton; and NOW THEREFORE, I, Patty Lent, Mayor of the City of Bremerton, do hereby proclaim March 16-20, 2015 as Community Champions for Meals on Wheels Week in the City of Bremerton. I encourage every citizen to take time this week to honor Meals on Wheels Kitsap,the seniors they serve and the volunteers who care for them. Our recognition of and involvement in the 2015 March for Meals campaign can enrich our entire community and help end senior hunger in America so no senior goes hungry® Signed this 1"day of March 2015 Mayor Patty Lent Senior Nutrition Programs in Kitsa County Community Dining p ty ;. -----, Meal Sites _ ' ' Reservations required by 2:00pm at least one business day in advance. Call (360) 377-8511 or (888) 877-8511. Meals served at noon unless otherwise noted. C 7 : ' Bainbridge Island M — F Port Orchard T, TH Waterfront Park Community Center Conifer Ridge Apartments 370 Brien Drive SE 1721 Fircrest Drive SE Bremerton TH, F Poulsbo W, F Bremerton Senior Center NK Senior Center Provided by 1140 Nipsic Avenue 18972 Front Street NE Bremerton M — F Silverdale T, TH, F Meals on Wheels Pinewood Manor Apartments Silverdale United Methodist Church 280 Sylvan Way 9982 Silverdale Way NW Burley M, W, F Asian Pacific (Silverdale Com. Center) Community Hall 9729 Silverdale Way NW 14853 Burley Avenue SE 3rd Sunday 1-4pm Proudly serving more than Kingston T, TH China Sun Buffet Community Center a meal since 1973 11212 NE State Hwy. 104 4331 Bethel Road SE, Port Orchard Parficipalang Agency of Bainbridge Island 2nd & 4th Thursday 12 Noon One Call For All and Combined Federal Campaign(#25933) Revised_111/14 r � � AF � � �i f % r s 100, ` it } A.' , 30rodamation WHEREAS, American women of all backgrounds have made historic contributions to the growth and strength of our Nation in countless recorded and unrecorded ways; and WHEREAS, women have played and continue to play a critical economic, cultural, and social role in our community by making up a significant portion of volunteers and labor force working inside and outside of the home; and WHEREAS, despite these contributions, the role of American women in history has been under-represented in the teaching and study of American history; and WHEREAS, March has been designated as National Women's History Month to focus attention on these achievements; and WHEREAS, the theme for March 2015 is "Weaving the Stories of Women's Lives": NOW, THEREFORE, I, Patty Lent, Mayor of the city of Bremerton, do hereby proclaim that March 6 is designated as Women's History Day in Bremerton to celebrate these women of character, courage, and commitment. Signed this 1 S` day of March 2015 Mayor Patty Lent MANCN ISWOMEN'S NISTORY MORN ! Ye M► WHY WOMEN'S MATTERS i. March 2015 Free Rrst Friday 5 - 8 pm Special Presentaflon at 6:00 i ^ KITSAP Kitsap History Museum 280 4h Street MUSED Downtown Bremerton . . 1 S0 R0 PTI NAI � 1 360-479-6226„ / i i.. � 4, _ i�1�js•r � I - ,. -•ti y. GTON ASSOCIATION �- =� Harborside Fountain Park City of Bremerton OF WASH_ .I�NG"T0N � - atN Prodamatton WHEREAS, 2.4 million children and adults sustain a traumatic brain injury(TBI) and another 795,000 individuals sustain an acquired brain injury(ABI) from non-traumatic causes each year; and WHEREAS, currently more than 5.3 million children and adults in the United States live with a lifelong disability as a result of TBI and an estimated 1.1 million have a disability due to stroke; and WHEREAS, causes of TBI include falls (35 percent), car crashes (17 percent), workplace accidents (16 percent) and assaults(10 percent); and WHEREAS the Centers for Disease Control and Prevention estimate that TBI costs the U.S. $76.3 billion each year in direct medical costs and indirect costs such as lost productivity; and WHEREAS, no two brain injuries are alike, and TBI is not an isolated event. For many, it is the start of a lifelong neurological disability, often misdiagnosed and misunderstood. Immediate access to expert trauma care, specialized rehabilitation and lifelong disease management are a few of the elements needed to restore and maintain quality of life; NOW, THEREFORE, I, Patty Lent, Mayor of the City of Bremerton, do hereby proclaim March 2015 as BRAIN INJURY A RARENESS MONTH and I call upon all government agencies, health organizations, communications media and people of Bremerton to observe this month with appropriate recognition to ensure their own safety and that of their loved ones. Signed this 0 day of March 2015 Mayor Patty Lent a ���1661 V ) S I T visitors partnership tourism development meetings&conventions news room se6ttle ; 0 ® ® ® ® Search ffiisorrin- events The Dog of the South Now through 3/8/2015 When protagonist Ray Midge follows the trail of his...(More) Ladysmith Black Mambazo 3/6/2015 In 2014,Ladysmith Black Mambazo celebrates over fifty years...(More) Live On: Mr.'s Japanese Neo-Pop Now through 4/5/2015 Live On:Mr.'s Japanese Neo-Pop features Mr.'s art of...(More) Mamma Mia! 3/24/2015 through 3/29/2015 Over 50 million people all around the world have...(More) See All Events... 24th Annual aint P -s Day Presented by the Downtown Bremerton Association 11:25am Satuxrday, stag,t four �_o �Maar6h 1 4 ear�aYd 2 015 1 Par* is !1 at & 68-,Tf four P'aci C .venue potato race ` .�� The Bremerton A arade � Banks Irish W 90 Potati ' a to be7%erlf r Bremerta FoodlineK".de swll Aged 1 he o, J, i Sponsors _JI CUsiv 0[%—� �o KNN\�,E 1J O v Council Memberjerry McDonald will host the next District CommunityMeeting Monday, March 16, 2015 7:00 to 8:00 PM "Rais Roads, & Question? �U. 'Jil 000000 Ik ` 11.., 1 This meeting will be held at the Bremerton Senior Center East 13" Street & Nipsic Avenue LZwjAVII C1ty of Bremerton residents are encouraged to attend. EREMERTON CITY COUNCIL MEETING SPEAKERS LIST PLEASE PRINT YOUR NAME BELOW IF YOU PLAN TO COMMENT SO YOUR NAME CAN BE INCLUDED IN THE RECORD J 614 W 8fA/J-0 ,1-1 2L !✓ �/�.Ti Q�/CSf(r P �1 J N proOAleBr Sc D�s7h'L`zL REQUESTS FOR INFORMATION MUST BE SUBMITTED IN WRITING TO THE CLERK THANK YOU AGENDA BILL SA CITY OF BREMERTON CITY COUNCIL SUBJECT: Claims & Check Register Study Session Date: COUNCIL MEETING Date: March 4, 2015 Department: Financial Services Presenter: Shannon Corin Phone: 473-5323 SUMMARY: Approval of the following checks and electronic fund transfers: 1) Check#'s 362475 through 362614 and EFT's 14659 through 14694 in the amount of $1,069,208.92. 2) Regular Payroll for the pay period ending January 15, 2015 in the amount of$177,174.89. 3) Regular Payroll for the pay period ending February 15, 2015 in the amount of$2,899.06. 4) Retiree Payroll for the pay period ending February 28, 2015 in the amount of$59,991.48. ATTACHMENTS: FISCAL IMPACTS (Include Budgeted Amount): STUDY SESSION AGENDA: ❑x No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑x 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 01/07/15 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Minutes of Special Meeting — Study Session Date: N/A February 19, 2015 COUNCIL MEETING Date: March 4, 2015 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: Attached is a summary of the City Council Special Meeting on February 19, 2015. ATTACHMENTS: Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount): N/A STUDY SESSION AGENDA: X No Presentation ❑ Full Presentation STUDY SESSION ACTION: X 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 01/07/15 DIGITAL RECORDING CITY COUNCIL "SPECIAL MEETING" MINUTES Thursday, February 19, 2015 A Special Meeting of the City Council of the City of Bremerton was called to order on Thursday, February 19, 2015, at 6:00 PM in Council Conference Room 603 of the NORM DICKS GOVERNMENT CENTER, 345 6th Street, Bremerton, Washington, with Council President Greg Wheeler presiding. Council Members present were Eric Younger, Roy Runyon, Jerry McDonald, Leslie Daugs, and Mike Sullivan. Council Member Dino Davis was absent. Also present were City Attorney Roger Lubovich; City Clerk Shannon Corin; Legislative Assistant Lori Smith; and Kevin Matthew, Information Services Manager. A COUNCIL BRIEFING was held to discuss General Council Business at 6:00 PM in the Council Conference Room. At 6:30 PM the meeting moved to the Meeting Chambers. The Pledge of Allegiance was led by Council Member Mike Sullivan followed by the invocation provided by Pastor Dale Swanson of Lincoln Avenue Bible Church. BREMERTON POLICE DEPARTMENT CEREMONY Police Chief Steven Strachan recognized Officer Robbie Davis for his 25-years of service to the City of Bremerton Police Department; and Mayor Lent presented him a plaque. Superior Court Judge Kevin Hull administered the Oath of Office for new Police Officer Michelle Griesheimer. MAYOR'S REPORT • Introduced Water Resources Manager Kathleen Cahall who showed a video "The Importance of Protecting Watersheds"featuring the City of Bremerton watershed, and noted the video is also available on the City's website; • Reported on her attendance at the Association of Washington Cities (AWC) City Action Days Conference in Olympia with Council Members Mike Sullivan, Leslie Daugs, Jerry McDonald, and Roy Runyon; • Invited citizens to a free public performance by the Bremerton Symphony on Saturday, February 21 at 6:00 PM in the Meeting Chambers; • Encouraged participation in the YMCA's "Together We Can Do So Much More' Campaign Kick- Off that will be on Tuesday, February 24 with light food at 5:00 PM followed by a program at 5:30 PM at the Admiral Theatre; and was pleased to report that YMCA memberships will be offered for free to every foster child in the City; • Proclaimed the Month of February as "Black History Month"in the City of Bremerton; and invited the public to attend a "Celebration of Black History' on Friday, February 27 beginning at 6:30 PM at the Admiral Theatre; and • Announced the 24th Annual St. Patrick's Day Parade would be on Saturday, March 15 at 10:00 AM beginning at the corner of 6th Street & Pacific Avenue. BPD BRIEFING Police Chief Steve Strachan provided a monthly update on police operations. Comments were provided by Runyon;and questions were asked by Runyon and Wheeler, with responses provided by Chief Strachan... PUBLIC RECOGNITION Lennie Meder proposed that the City of Bremerton to establish a City Ethic Diversity Committee. City Council "Special Meeting" Minutes Thursday, February 19, 2015 Page 2 of 3 Michael Dunn invited and encouraged community attendance at the "Water Awareness Conference" from Tuesday, February 24 through Thursday, February 26, 8:00 to 10:00 PM, at the Olympic College Bremerton campus. For more information please contact Isabella Luchini, Student Programs General Manager at (360) 475-7691. CONSENT AGENDA 7A— Claims & Check Register: Check Numbers 362073 through 362474, and EFT-14616 through EFT-14658 in the amount of$1,773,333.71; Regular Payroll for the pay period ending January 31, 2015 in the amount of$717,103.53; Regular Payroll for the pay period ending February 15, 2015 in the amount of$714,558.70; and amend EFT's approved February 4, 2015 from EFT-14513 through EFT-14567 and EFT-14568 through EFT-14615 713— Minutes of Meeting — February 4, 2015 7C — Minutes of Joint Planning Session — February 7, 2015 7D— Minutes of Study Session — February 11, 2015 7E— Resolution No. 3242 to establish March 18, 2015 as a Public Hearing date to vacate alley between Dr ML King Way and 8th Street, and Warren Avenue to Park Avenue 7F — Purchase of a 2015 Chevrolet Silverado 1/2-Ton 44 Pick-Up Truck from Bud Clary Chevrolet of Longview, WA for the Facilities Division 7G — Purchase of a 2015 Ford Transit Cargo Van from Columbia Ford Nissan of Longview, WA for the Electronics Division 7H — Purchase of a 2015 Nissan Frontier 44 Extended Cab Pick-Up Truck from Columbia Ford Nissan of Longview, WA for the Parks & Recreation Department 71 — Purchase of a 2015 Ford Escape from Columbia Ford Nissan of Longview, WA for the Water Utility Department 7J — Purchase Agreement with Masco Petroleum for Fuel and Fuel Products 7K— Amendment to the 2010 Interlocal Agreement with the Kitsap Public Utility District 7L— Purchase of Factory Assembled Structure from Williams-Scotsman to house the Casad Dam Electrical Service 7M — Interlocal Agreement with the Puget Sound Clean Air Agency for the Idle Reduction Program for Emergency Response Vehicles 7N — Professional Services Agreement and Scope of Work with Cosmopolitan Marine Engineering for Sediment Sampling & Analysis and the CSO Post-Construction Monitoring Report 70— Mechanical Upgrades to the Centrisys Centrifuge at the Westside Wastewater Treatment Plant by Centrisys Centrifuge Systems 7P— Mechanical Upgrades to Parkson Influent Screens#1 and #2 at the Westside Wastewater Treatment Plant by Parkson Corporation 07:22:00 Motion was made by Daugs and seconded by Sullivan; Comments were provided by Runyon... 07:24:45 M/S/C (Daugs/Sullivan) Move to approve the CONSENT AGENDA as presented. GENERAL BUSINESS — There were no General Business items... City Council "Special Meeting" Minutes Thursday, February 19, 2015 Page 3 of 3 COUNCIL MEMBER REPORTS Roy Runyon acknowledged the work done on behalf of the citizens by the Council Members attending the Association of Washington Cities (AWC) City Action Days held yesterday and today in Olympia. Jerry McDonald also reported on the important work accomplished when personally meeting with State Legislators at the AWC City Action Days Conference. Leslie Daugs displayed a photo of her with fellow Council Members Jerry McDonald and Mike Sullivan while attending Lobby Days in Olympia to support bills that would benefit the citizens of Bremerton, and was pleased to represent the City of Bremerton. Mike Sullivan noted the flags were at half-mast in Olympia which is done annually in honor of fallen State Senators; thanked everyone who helped make it possible for the City representatives to attend such an important event, and expressed appreciation to former Council Member Adam Brockus for also attending meetings with State Legislators in Olympia on the City's behalf. Lastly, he commented on the Police Department's ceremonies tonight, the Monthly Update by the Police Chief, and expressed his thanks and appreciation to the Police Department for their work. Greg Wheeler thanked the Mayor's Executive Assistant Elaine Valencia for all of her work in scheduling the numerous appointments with the State Legislators, which made it possible for conference attendees to meet with many State Legislators in a relatively short period of time; established a commitment to saving and protecting the Bremerton Watershed; and announced that volunteers were welcome at both the clean-up at Forest Ridge Park on Saturday, February 21 at 9:00 AM and at Kiwanis Park on Saturday, February 28 from 9:00 to 11:00 AM. President Wheeler announced that following a 5-minute break, the Council Members would convene for a 10-Minute Executive Session to consider the minimum price for a real estate transaction under RCW 42.30.110 (1) (c). No action was taken. With no further business, President Wheeler adjourned the Council Meeting at 7:47 PM. Prep red and Submitte LORI SMITH Legislative Assistant Attest: SHANNON CORIN, City Clerk GREG WHEELER, City Council President GW:SC:ls:cg AGENDA BILL 5co CITY OF BREMERTON CITY COUNCIL SUBJECT: Minutes of Study Session — Study Session Date: N/A February 25, 2015 COUNCIL MEETING Date: March 4, 2015 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: Attached is a summary of the City Council Study Session on February 25, 2015. ATTACHMENTS: Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount): N/A STUDY SESSION AGENDA: 0 No Presentation ❑ Full Presentation STUDY SESSION ACTION: N 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 01/07/15 DIGITAL RECORDING CITY COUNCIL STUDY SESSION MINUTES Wednesday, February 25, 2015 A Study Session of the City Council of the City of Bremerton was called to order in the Council Conference Room of the NOW DICKS GOVERNMENT CENTER, 345 6th Street, Bremerton, Washington, Wednesday, February 25, 2015, at 5:00 PM, with Council President Greg Wheeler presiding. Council Members present were Eric Younger, Roy Runyon, Jerry McDonald, Leslie Daugs, and Mike Sullivan. Council Member Dino Davis was absent. Lori Smith, Legislative Assistant, 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 March 4, 2015 Council Meeting Agenda; or as indicated. A. NO PRESENTATION PLANNED — The following items are budgeted items or subjects that have been raised with the appropriate Council Committee Members... 1. Purchase of one Toro Ground Master 4700D Mower for the Parks & Recreation Department from Western Equipment Distributors of Kent, WA Consent Agenda 2. Purchase of one JD 4066R Tractor for the Parks & Recreation Department from Washington Tractor of Poulsbo, WA Consent Agenda 3. Purchase of one 2015 Ford F250 4X4 Crew Cab Pickup for the Waste Water Division from Legacy Ford of Pasco, WA Consent Agenda B. BRIEFINGS AND FULL PRESENTATIONS 4. Interlocal Agreement between Kitsap County and the Cities of Bremerton, Poulsbo, Bainbridge Island, and Port Orchard relating to Low Income Housing Projects under the Affordable Housing Grant Program (SHB 2060) Consent Agenda 5. Interlocal Agreement between Kitsap County and the City of Bremerton relating to the HOME Program Consent Agenda 6. Amendments to the Kitsap Regional Coordinating Council (KRCC) Interlocal Agreement General Business 7. Proposed ordinance amending Chapter 2.32 of the Bremerton Municipal Code (BMC) relating to the Arts Commission and One Percent (1%) for the Arts Program General Business 8. Concession Agreement between the City of Bremerton and the Bremerton Historic Ships Association (relating to the USS Turner Joy) General Business 9. GENERAL COUNCIL BUSINESS o Finance & Investment Committee Briefing (2/24/15 Meeting) —Eric Younger, Chair o Other General Council Business, including proposed options to consider for Red Light Cameras was discussed. With no further business, President Wheeler adjourned the Council Study Session at 8:00 PM. City Council Study Session Minutes Wednesday, February 25, 2015 Page 2 of 2 Pre red and Submitted by: LORI SMITH Legislative Assistant Attest: SHANNON CORIN, City Clerk GREG WHEELER, City Council President GW:SC:ls:cg AGENDA BILL 15D CITY OF BREMERTON CITY COUNCIL SUBJECT: Purchase of one Toro Ground Study Session Date: February 25, 2015 Master 4700D Mower for the Parks & COUNCIL MEETING Date: March 4, 2015 Recreation Department from Western Department: PW&U Equipment Distributors of Kent, WA Presenter: Jim Orton Phone: (360) 473-5359 SUMMARY: The approved 2015 budget shows a replacement in the Parks & Recreation Department of one 2003 Toro Ground Master 4500D. The replacement is a 2015 Toro Ground Master 4700D. The total cost of this purchase is $79,258.00 including Washington State sales tax. The dealer for Toro is Western Equipment Distributors of Kent WA. ATTACHMENTS: 1) Quote 1848537 FISCAL IMPACTS (Include Budgeted Amount): Budgeted within the 510 fund of$71,000. The additional expense of this model will be covered by the savings in the Parks tractor replacement line item. STUDY SESSION AGENDA: ❑x No Presentation ❑ Full Presentation STUDY SESSION ACTION: 9 Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the purchase of one 2015 Toro Ground Master 4700D per quote from Western Equipment Distributors of Kent, WA in the amount of$79,258.00, including Washington State sales tax. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/07/15 Quote western Equipment Distributors, Inc. Prepared for: Proposal Date: 02/06/2015 20224 - 80th Avenue South City Of Bremerton Expiration Date: 03/06/2015 Kent WA 98032-1288 Equipment Services Division 10( Quote ID: 1848537 Bremerton WA 98312 Prepared by: Shawn Frisbee shawn.frisbee@western-equip.com 1QtY Imodel Number IDescription I I I unit Pricel Extension Groundsmaster 4700-D (Tier 4 Final 1 30882 Compliant) (30882 / 30882A) $72,347.69 $72,347.69 1 30349 universal Sunshade (white) GM45/4700 T4 Flow Divider Kit After 2013 1 30876 (For 2013 and newer models) 7 30836 Leaf Mulching Kit (order 1 per deck) 1 108-1464 BLADE SERVICE PACK, 27 IN 1 30408 MVP KIT-GM4xxx, 800 HR YANMAR T4F Toro Protection Plus Comprehensive - 1 C463 48/2400 TOTALS Equipment Total $72,347.69 Toro Protection Plus $2,112.50 Freight/Shipping $566.74 Total $75,026.93 All prices quoted FOB Turf Care Distributors unless otherwise indicated. The preceding pricing is valid for 30 days. Prices include assembly where applicable and accessibility to parts and service manuals. Timing of delivery may vary and is subject to manufacturer's availability. Purchaser is responsible for applicable taxes and duties. Note: The above pricing does not include sales tax. Toro Protection Plus is optional equipment protection. Quote Western Equipment Distributors, Inc. Prepared for: Proposal Date: 02/06/2015 20224 - 80th Avenue south City Of Bremerton Expiration Date: 03/06/2015 Kent wA 98032-1288 Equipment Services Division 100 oy Quote ID: 1848537 Bremerton WA 98312 Prepared by: Shawn Frisbee shawn.frisbee@western-equip.com FINANCING Documentation fee of 5250, Rates set in relation to market conditions, First monthly payment in advance, All rates and terms subject to credit approval. Rates and payments subject to change. End of Lease Options Fair market value Purchase equipment for FMv, Re-Lease, Return Equipment, Standard return conditions apply, Hourly excess usage charges. $1 out - Conditional sales Contract Purchase equipment for $1 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Purchase of one JD 4066R Study Session Date: February 25, 2015 Tractor for the Parks & Recreation COUNCIL MEETING Date: March 4, 2015 Department from Washington Tractor of Department: PW&U Poulsbo, WA Presenter: Jim Orton Phone: (360) 473-5359 SUMMARY: The approved 2015 budget shows the replacement of two JD 4100 series tractors for the Parks & Recreation Department. It is the intent of the Parks Department to replace the two JD 4100's with one JD 4066R in order to safely and effectively use one of the larger accessories that was purchased in 2014. The total cost is $35,970.75 which includes Washington State sales tax. The dealer is Washington Tractor of Poulsbo, WA. The replaced equipment (two JD 4100's) will be removed from the fleet. ATTACHMENTS: 1) Copy of Quote FISCAL IMPACTS (Include Budgeted Amount): Budgeted within the 510 fund at $46,000.00. STUDY SESSION AGENDA: © No Presentation ❑ Full Presentation STUDY SESSION ACTION: px Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the purchase for one John Deere 4066R Tractor from Washington Tractor of Poulsbo, WA with all required attachments per quote 10838831 in the amount of$35,970.75 including Washington State sales tax. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/07/15 ® JOHN DEERE ALL PURCHASE ORDERS MUST BE MADE OUT TO ALL PURCHASE ORDERS MUST BE SENT (VENDOR): TO DELIVERING DEALER: Deere&Company Washington Tractor, Incorpor 2000 John Deere Run 20054 Viking Ave Nw Cary, NC 27513 Poulsbo, WA 98370 FED ID: 36-2382580; 360-930-0095 DUNS#: 60-7690989 Quote Summary Prepared For: Delivering Dealer: Bremerton Public Works Dept Washington Tractor, Incorpor Jim Orton Jason Johnson 100 Oyster Bay Ave N 20054 Viking Ave Nw Bremerton, WA 98312 Poulsbo, WA 98370 jim.orton@ci.nremerton.wa.us Phone: 360-930-0095 jjohnson@washingtontractor.com This quote is based on the State of Washington Lawn and Grounds Quote ID: 10838831 Contract#10212. Your PO must be made out to John Deere Co., Created On: 20 January 2015 2000 John Deere Run, Cary, NC 27513. PO must also indicate Last Modified On: 20 January 2015 Washington Tractor as the delivering dealer and reference the State Expiration Date: 19 February 2015 Contract number above.Your PO must also list non-contract items(if any)as such on the PO. Please be sure your PO is signed &dated and includes a PO number, model of intended purchase&taxed total amount. Please email me @ jjohnson@washingtontractor.com with your completed purchase order at and I will process the order with John Deere. Thank You, Jason 253.250.2749 Retail Sales/Use Tax Location code(view map) 1801 City County Total tax rate .087 Total due$[TOTALSALE] Confirmation code 818F870627 Equipment Summary Selling Price Qty Extended JOHN DEERE 4066R Compact $ 33,091.77 X 1 = $33,091.77 Utility Tractor(52 PTO hp) Contract: State of WA Lawn and Grounds 10212 Price Effective Date: May 27, 2014 Equipment Total $ 33,091.77 * Includes Fees and Non-contract items Quote Summary Equipment Total $ 33,091.77 Trade In SubTotal $ 33,091.77 Sales Tax-(8.70%) $2,878.98 Total $ 35,970.75 Down Payment (0.00) Rental Applied (0.00) Balance Due $ 35,970.75 Salesperson :X Accepted By:X Confidential aJOHN DEERE ALL PURCHASE ORDERS MUST BE MADE OUT TO ALL PURCHASE ORDERS MUST BE SENT (VENDOR): TO DELIVERING DEALER: Deere&Company Washington Tractor, Incorpor 2000 John Deere Run 20054 Viking Ave Nw Cary, NC 27513 Poulsbo, WA 98370 FED ID: 36-2382580; 360-930-0095 DUNS#: 60-7690989 Salesperson :X Accepted By:X Confidential JOHN DEERE Selling Equipment Quote Id: 10838831 Customer Name: BREMERTON PUBLIC WORKS DEPT ALL PURCHASE ORDERS MUST BE MADE OUT TO ALL PURCHASE ORDERS MUST BE SENT (VENDOR): TO DELIVERING DEALER: Deere&Company Washington Tractor, Incorpor 2000 John Deere Run 20054 Viking Ave Nw Cary, NC 27513 Poulsbo, WA 98370 FED ID: 36-2382580; 360-930-0095 DUNS#: 60-7690989 JOHN DEERE 4066R Compact Utility Tractor (52 PTO hp) Hours: Stock Number: Contract: State of WA Lawn and Grounds 10212 Selling Price Price Effective Date: May 27, 2014 $ 33,091.77 * Price per item - includes Fees and Non-contract items Code Description Qty List Price Discount% Discount Contract Extended Amount Price Contract Price 0380LV 4066R Compact Utility 1 $ 39,030.00 16.50 $6,439.95 $ 32,590.05 $ 32,590.05 Tractor(52 PTO hp) Standard Options- Per Unit 0409 English Operators Manual 1 $ 0.00 16.50 $0.00 $ 0.00 $ 0.00 and Decal Kit 1520 eHydro 1 $ 0.00 16.50 $ 0.00 $ 0.00 $ 0.00 2005 Open Station with Deluxe 1 $ 0.00 16.50 $ 0.00 $ 0.00 $ 0.00 Seat 5243 44x18-20 (4PR, R3 Turf, 1 1 $ -457.00 16.50 $-75.41 $-381.59 $ -381.59 Position) 6243 27x10.50-15 (4PR, R3 Turf, 1 $ 0.00 16.50 $ 0.00 $0.00 $ 0.00 2 Position) Standard Options Total $ -457.00 $-75.41 $-381.59 $ -381.59 Dealer Attachments/Non-C•ontract/Open Market LVB25705 Front Quik-Tatch Weight Kit 1 $ 45.10 16.50 $ 7.44 $ 37.66 $ 37.66 BLV10441 Front Weight Bracket 1 $ 255.20 16.50 $42.11 $ 213.09 $ 213.09 Extension Kit R66949 Quik-Tatch Weight, 42 Lb. 12 $ 63.13 16.50 $ 10.*42 $ 52.71 $632.52 Dealer Attachments Total $ 363.43 $ 59.97 $303.46 $883.27 Suggested Price $ 33,091.73 TotalSelling Price : • 09 Confidential AGENDA BILL isf CITY OF BREMERTON CITY COUNCIL SUBJECT: Purchase of one 2015 Ford Study Session Date: February 25, 2015 F250 4X4 Crew Cab Pickup for the Waste COUNCIL MEETING Date: March 4, 2015 Water Division from Legacy Ford of Pasco, Department: PW&U WA Presenter: Jim Orton Phone: (360) 473-5359 SUMMARY: The approved 2015 budget shows a replacement in the Waste Water Division of a half- ton pickup truck. Due to the needs of the department, the half-ton pickup is not a suitable replacement. The department requires a heavy duty vehicle that is versatile and can be used to trailer heavy equipment such as a generator. The total cost of this purchase is $38,799.52, including Washington State sales tax. This purchase will utilize Washington State contract 03813. The authorized dealer is Legacy Ford of Pasco, WA. The replaced vehicle (2004 Chevrolet Colorado)will be removed from the fleet. ATTACHMENTS: 1) Copy of quote from Washington State contract 03813 FISCAL IMPACTS (Include Budgeted Amount): Budgeted within the ER&R Reserve fund at $27,000. The additional expense will be covered by the ER&R Reserve Fund; this expense will be recouped from the sewer operations fund in future years. STUDY SESSION AGENDA: px No Presentation ❑ Full Presentation STUDY SESSION ACTION: 0 Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the purchase of a 2015 Ford F250 4X4 Crew Cab Pickup from Legacy Ford of Pasco, WA in the amount of$38,799.52, including Washington State sales tax. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/07/15 ............ :PRICI140,AND.�O-ROFRLNGCHECKLIST Ingot Silver Metallic Tuxedo Black Metallic Oxford White 314-124001,Crew Cab–F250(W281600A) Pale Adobe Metallic Sterling Gray Metallic Vermillion Red Note.insert Quantity Next to Color Option Blue Jeans Metallic Green Gem Metallic ORDER CODE OPTION DESCRIPTION ^I QTY PRICE EACH PRICE EXTENSION 2314-124-001 %Ton Pickup(4WD),Crew Cab $25,493.00 MAN= 2314-124-002 Credit for pickup from Dealer(Orders for Eastern Washington)(Deduct) -$75.00 ($ 233244-1-24--003 $2324-124-003 Credit for pickup from Dealer(Orders for Western Washington)(Deduct) -$75. 2314-124-004 it Sags,Side impact(SM) $0.001 $___j 2314-224-005 it Conditioning Delete(Deduct)(D572) -$680. r ($ 2314-124-006 Iternative Gas Engines: .71.VS Diesel(99T/44W) 1 $7,088.00 $7.088.0 2314-124-007 Iternative Engine Warranty Information,please describe DIESEL ENGINE ARRANTY 15 100,000 MILES.GAS ENGINE WARRANTY 15 60,000 MILES. UNLESS STATED DIFFERENTLY ALL PREP ENGINES ARE 60,000 MILES I ARRANTY(STD) $0.001 $ 2314-124-008Iternator,HD 200 AMP(Maximum)(67D) I $64.0q $64.00, 2314-124-009 �Alternative Seating (Specify type and trim material)(e.g.bucket seats): LOTH SEATS 40/20/40(IS) i $85-00 $ LOTH 40/CONSOLE/40 SEAT(2S) $438.00 $ 2314-124-010 attery,W950 CCA(DLR) $179.00 $ 2314-124-011 Beciliner,Spray On(Over the Rails and Tailgate)(MFR:Linex,Rhino,or equal)(DLR) $32S.001 $ i 2314-124-012 Bed Mat,HD Rubber(DLR) S130.00 $ 2314.124-013 Cab and Chassis,Pickup Box Delete(No Trailer Hitch Receiver)(Identify any Additional Equipment Deletions,Changes)(Factory Only-Incomplete Vehicle Tag)(Deduct) 10,000#GVW ON F3S0 SRW 9900#GVW ON F250(66D) -$333.00 ($ 1 2314-124-014 ab Steps(18B) $296.00 $ 2314-124-015 Clearance Lights,Roof(592) $48.00 $ 2314-124-016 Cruise Control(525) $200.00 $ 2314-124-017 Daytime Running Lights(942) $36.00/PF $ 2314-124-018 Differential,Limited Slip(Available With Rear Axle Ratios X3J LS F250/F350 3.55 6.71.DIESEL(X3E) I~�l $296.0( $ 2=96-00 X3E LS F250/F3S0 3.73 6.21.GAS UM 4.30 6-21.GAS(UM) $296.00 2314-124-019ual Alternators 7 AMP REQUIRES 6.7L DIESEL ENGINE 99T 357 AMPS(67D) $64.00 $ 2314-124-020 VWR Increase F3810400#,X3810700#,W3810800#(identify uipment changes)(W36) 1 $2,481.00 $2,.482.00 2314-124-021 VWR,Maximum 14000#(1 Ton Dual Rear Wheels)(IdentifV all upgrades, re size and Load range)LT245/701117 AS BSW TIRES,TRAILER TOW D D c q ACKAGE,3.73 AXLE W3D=14,000# $3,588.00 $— 1 2314-124-022 Heater,Engine Block(41H) $64.00 $ 2314-124-023 lKeys,Set of 2 Instead of 4(Deduct)(DLR) -$20.00/PR ($ 2314.124-024 anuals,Service(Paper or CD)(DLR) $275.0 $ 2314-124-02S irrors,Alternative(Telescoping Trailer Tow)(Identify type,size,finish) �ELESCOPING BLACK TO MIRRORS W MANUAL GLASS(STD) $0.01 $ Pricing&Ordering for Ford F250 Crew Cab 4WD Page 1 of 3 PRICING AND,ORdERING CHECKUST,.FORD - %.UN 4WD(FoRD),.CaEWt*Corrr.) 2314-124-026 (Mud Flaps,Rear(DLR) $79.00 $ 2314-124-027 113ower Adjustable Pedals I S0.001 $ 2314-124-028 JPower Group Delete(Deduct) ! -5942.00 ($ 2314-124-029 Rear Axle Ratios,Alternatives: ' 313.316.71.DIESEL 4X4/4X2 j 37 3.73 6.21.GAS(FCY) $0.001 2314-124-030 ear Storage Bin $0.00 $ i 2314-124-031 peating Alternative,Cloth Bucket Seats 40/Console 40(US) $0.00 $ 2314-124-032 Teat,cloth trim instead of vinyl(1S) $85.00 $ i 2314-124-033" hort Bed(Identify Additional Equipment Changes/Restrictions)(Deduct) Regular Cab;Extended Cab;Crew Cab i -$178.00 ($178.00 2314-124-034 pecial Paint,Single Color,Monotone(DLR) $530.00 $ 2314-124-035 pecial Paint,(Fish&Wildlife ONLY)Pale Adobe(LQ) I 50-od A $ i 2314-124-036 potlight,6",Clear Lens,Pillar Mounted,Left(DLR) $465.00 $ 2314-124-037 tock vehicle upcharge,dealer stock vehicle with all contract required quipment,color white,delivery 7 days(See Special Instructions,Stock ehicles)(DLR) _ I $250.00 $ 2314-124-038 tability Control System,Electric ADVANCE TRAC W ROLL STABILITY �— – l— ONTROL(FCY/STD) $0,00 $� 2314-124-039 tereo,AM/FM/CD(585) i $234.00 $234.00 2314-124-040 tock vehicle Upcharge,dealer stock vehicle with all contract required $250.0 $ quipment,color white,delivery 7 days 2314-124-041 spension Package SNOW PLOW PACKAGE,HEAVY SERVICE FRONT USPENSION PKG.INCLUDES HEAVY SERVICE FRONT SPRINGS.MAY I DETERIORATE RIDE QUALITY.RIDE HEIGHT MAY DECREASE(67H) $107.00 $ 2314-124-042 Tilt Steering Wheel(STD) $0,00 $ ; 2314-124-043 Towing Package Delete(Deduct) -$0.00 ($ i 2314-124-044 railer Brake Controller(5213) i $183.0 $183.00 2314-124-045 Undercoating(DLR) $145.00 $ 2314-124-046 UpFitter Switches,Describe Dealer or Factory FACTORY.REQUIRES 670 HD 1 $100.00 $100.00 LTERNATOR OR 67A DUAL ALTERNATORS I 2314-124-047 arrancy,Delayed Start(describe procedure)WEB BASED AT i $0.00 S WW-FORDWSD.COM 2314-124-048 1 Inch 8000#,Installed,(Per Special Instructions-After Market Equipment) I(Identify Make/Model/Mounting) 00#WARN WINCH WITH BRUSH GUARD GRILL MOUNT. $2,477. 000#RAMSEY PROFILE W GRILL MOUNT $2,281.00 $ 2314-124-049 indow,Sliding Rear(433) _ 5127.0 $ 2314-124-050 indow,Power Sliding Rear _ $0.0 $� 2314-124-051 Iternative Fuel Vehicle,Diesel,Biodiesel Engine(Min 620 Biodiesel :ertlfied),Propane,CNG with all contract required.(See special A instructions-Alternative Fuel,Hybrid,Biodiesel Vehicles): 3 NG SYSTEM WITH 98F PREP ENGINE.BIFUEL SYSTEM.6.21.ENGINE. i INCLUDES 98F PREP ENGINE.INCLUDES 18.4 GGE TANK.QVM INSTALLED I $9,318.00 $ DEDICATED PROPANE SYSTEM WITH 98F PREP ENGINE IN BED TANK 2L ENGINE.INCLUDES 98F PREP ENGINE AND 38 GALLON IN BED PROPANE.TANK.QVM INSTALLED(01.11) i $10,463. ' $ Pricing&Ordering for Ford F250 Crew Cab 4WD Page 2 of 3 RILING AND ORDERING CHECKLIST,-FORD' U,T, 6N-AWb#bj6)',' tAB-(CdkT.)! DEDICATED PROPANE SYSTEM WITH 98R PREP ENGINE UNDERBED"TANK. �6.2L ENGINE.INCLUDES 98F PREP ENGINE.(DLR) $11,463.001 $ -ORD PREP ENGINE WITH HARDENED VALUES AND HEAD FOR CNG OR LPG I 98F) $268.0 $ �TR14RECOMMENDED OPTIONS: 14-124-052 n ine Idle Shutdown Delete(For Emergency Vehicles)(Diesel only) �',Deduct)(63T) -$214.001 ($ 2314-124-053 hitt on the fly—electric 4X4-Shift Dash Mounted—Diesel Only(213) $178.0 I $ SUSTOTA4 $35.761.001 +8.6X SSL $3.07S.4SI TC Pricing&Ordering for Ford F250 Crew Cab 4WD Page 3 of 3 AGENDA BILL 54 CITY OF BREMERTON CITY COUNCIL SUBJECT: Interlocal Agreement between Study Session Date: February 25, 2015 Kitsap County and the Cities of Bremerton, COUNCIL MEETING Date: March 4, 2015 Poulsbo, Bainbridge Island and Port Orchard Department: N/A relating to low income housing Presenter: Mary McClure Phone: (360) 377-4900 SUMMARY: The proposed Interlocal Agreement between Kitsap County and the Cities of Bremerton, Poulsbo, Bainbridge Island and Port Orchard relates to low income housing under the Affordable Housing Grant Program. The agreement designates Kitsap County as the administrator for the allocation of SHB 2060 surcharge funds to eligible applicants. ATTACHMENTS: Low Income Housing Interlocal Agreement FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: ❑ No Presentation 9 Full Presentation STUDY SESSION ACTION: 0 Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the Interlocal Agreement between Kitsap County and the City of Bremerton and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/07/15 KC-057-15 Interlocal Agreement Between Kitsap County and the City of Bainbridge Island, City of Bremerton, City of Port Orchard and City of Poulsbo Concerning Allocation of SHB 2060 Surcharge Funds to Very Low-Income Housing Projects in Kitsap County and its Incorporated Cities This Agreement, made pursuant to Chapter 39.34 RCW, is between KITSAP COUNTY (hereinafter, the County), a political subdivision of the State of Washington, and the CITY OF BAINBRIDGE ISLAND, the CITY OF BREMERTON, the CITY OF PORT ORCHARD, and the CITY OF POULSBO, (hereinafter, the Cities), municipal corporations of the State of Washington. WHEREAS, in 2002, the State enacted an Act relating to funding the operation and maintenance of low-income housing projects through SHB 2060, 2002 Washington Laws Ch. 294; WHEREAS, pursuant to SHB 2060, RCW 36.22.178, revenue generated through a surcharge on recording documents (hereafter"SHB 2060 surcharge funds")may be used by the County and its Cities and Towns for housing projects that are affordable to very low-income persons; WHEREAS, under the Act, the portion of the surcharge retained by a county shall be allocated to very low-income housing projects or units within such housing projects in the county and the cities within the county according to an Interlocal Agreement; WHEREAS, in 2004, the County and the Cities agreed through an inter-local agreement that the SHB 2060 surcharge funds would be distributed through a competitive grant program (hereafter"grant program") that would be administered and governed through the Kitsap Regional Coordinating Council (hereinafter KRCC); WHEREAS, the grant program was implemented through the KRCC,using a set of Guiding Principles developed jointly by the County and the Cities that served as a framework for allocating the surcharge monies to the various projects; WHEREAS, these Guiding Principles were incorporated into a Policy Plan in 2012 that was adopted and subsequently updated by the County and the Cities through participation in the KRCC; WHEREAS, in January 2015, the KRCC voted to recommend to the Cities and County that this grant program be administered and governed by Kitsap County instead of by the KRCC; WHEREAS, the County and the Cities desire to formalize this agreement to designate Kitsap County to carry out administration and governance of the SHB 2060 surcharge funds through this Interlocal Agreement. NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions contained herein, the parties agree as follows: KC-057-15 ILA regarding SHB 2060 Surcharge Funds updated 2-20-15 Page 1 SECTION 1 PURPOSE The purpose of this Agreement is to establish the County as the administrator and governing- body for the allocation of SHB 2060 (RCW 36.22.180) surcharge funds to eligible applicants. SECTION 2 ADMINISTRATIVE STRUCTURE 2.1 The County is governed by the Board of County Commissioners, (BoCC) consisting of elected commissioners from three voting districts. The BoCC shall set policy concerning the use and distribution of SHB 2060 funds as per the Affordable Housing Program Policy Plan previously adopted by the KRCC Board, and may amend the Policy Plan at its discretion from time to time. 2.2 The Kitsap Continuum of Care Coalition (KCoCC),which is an unincorporated association of low-income and homeless housing providers in Kitsap County, has agreed, through a separate memorandum of agreement, to act as the technical advisory body to the BoCC for this program. 2.3 The KCoCC agreed to develop and recommend to the BoCC specific annual priorities for the use of that year's SHB 2060 funds. Representatives of the Cities and the County shall have the opportunity to participate in the process to develop funding priorities. 2.4 Each year an Advisory Board(s) of citizen volunteers shall be appointed as follows: each Mayor shall appoint one citizen volunteer to each Board and each County Commissioner shall appoint one citizen volunteer to each Board. The Advisory Board(s)will review funding applications and prepare funding recommendations for the BoCC's consideration. The Advisory Board(s)will review the annual priorities developed by the KCoCC and include in its recommendations how the priorities are being addressed by the recommendations given. The recommendations may include options or a single set of recommended projects. Representatives of the Cities shall have the opportunity to attend a study session on the recommended grant awards prior to the BoCC making final awards. 2.5 The Kitsap County Human Services Department and the Kitsap County Auditor shall partner to administer awarded funds. The administrative costs are to be covered by the 5% of the surcharge allowed to be retained by the County for collecting and dispersing the document recording fees, as referenced in the Policy Plan. 2.6 The County may set aside a percentage or specific amount of funds to address emergent housing needs consistent with the purposes of Chapter 36.22 RCW, so long as it meets the requirements of RCW 36.22.178. SECTION 3 FUND AVAILABILITY 3.1 On an annual basis, the County shall publish a Notice Of Funds Availability(NOFA). This notice will set forth the annual program priorities; amount of funds available; the duration of funds to be awarded or distributed; the deadline for submission of funding applications; and any other pertinent information related to the process. KC-057-15 ILA regarding SHB 2060 Surcharge Funds updated 2-20-15 Page 2 SECTION 4 ELIGIBLE RECIPIENTS 4.1 Eligible recipients. Eligible recipients of the SHB 2060 surcharge funds shall include public housing authorities, IRS-certified non-profit agencies/providers of affordable housing,the Cities, the County, the Tribes, and for-profit developers, provided the funds are used only for projects as defined in Section 5, herein and as provided under RCW 36.22.178. 4.2 Geographic Equity. The County shall be responsible for ensuring that funds are distributed in a manner that balances existing needs throughout the County with program users' access to services. It is the overall intent of this Agreement that, over time, all areas of Kitsap County shall equitably receive appropriate levels of funding pursuant to this Interlocal Agreement consistent with countywide and local housing needs and policies. SECTION 5 PERMISSIBLE USES OF SHB 2060 SURCHARGE FUNDS 5.1 Permissible Uses of the SHB 2060 surcharge funds are limited to those uses set out under RCW 36.22.178 as follows: (a) Acquisition, construction, or rehabilitation of housing projects or units within housing projects that are affordable to very low-income households with incomes at or below fifty percent(50%) of the area median income, including units for homeownership,rental units, seasonal and permanent farm worker housing units, units reserved for victims of human trafficking and their families, and single room occupancy units; (b) Supporting building operation and maintenance costs of housing projects or units within housing projects eligible to receive housing trust funds, that are affordable to very low-income households with incomes at or below fifty percent(50%) of the area median income, and that require a supplement to rent income to cover ongoing operating expenses; (c)Rental assistance vouchers for housing units that are affordable to very low-income households with incomes at or below fifty percent(50%)of the area median income, including rental housing vouchers for victims of human trafficking and their families, to be administered by a local public housing authority or other local organization that has an existing rental assistance voucher program, consistent with or similar to the United States Department of Housing and Urban Development's Section 8 rental assistance voucher program standards; and (d) Operating costs for emergency shelters and licensed overnight youth shelters. 5.2 SHB 2060 funds shall not be used for construction of new housing if at any time the vacancy rate for available low-income housing within the County rises above ten percent(10%). 5.3 A priority must be given to eligible housing activities that serve extremely low-income households with incomes at or below thirty percent(30%)of the area median income. 5.4 In the event RCW 36.22.178 is amended to include additional permissible uses of the SHB 2060 surcharge funds, those permissible uses shall also be permitted under this Agreement without formal amendment to this Agreement. KC-057-15 ILA regarding SHB 2060 Surcharge Funds updated 2-20-15 Page 3 5.5 In the event RCW 36.22.178 is amended to disallow any current permissible uses of the SHB 2060 surcharge funds, set forth in Section 5.1 above, those permissible uses shall no longer be permitted under this Agreement without formal amendment to this Agreement. SECTION 6 FUND DISTRIBUTION 6.1 As a condition to receiving any SHB 2060 surcharge funds, each successful applicant shall enter into a contract with Kitsap County, relating to the applicant's use of the funds and applicable standards for the project("the Contract"). 6.2 The process for grantees receiving funds is specified in the Policy Plan. SECTION 7 SHB 2060 PROGRAM REVIEW At least each five years the County,with input from the cities, KCoCC, the public and other interested parties, shall review the program operation, including geographic equity, and shall implement any appropriate changes. SECTION 8 PROJECT MONITORING 8.1 The County shall monitor all projects for compliance with the funding terms and conditions in the Contract(s). 8.2 The County shall require all funding recipients to provide quarterly program reports to the County. SECTION 9 MISCELLANEOUS 9.1 Duration. This Agreement will have an indefinite duration unless the funding source is eliminated by the State Legislature. 9.2 Termination. Any party may terminate its participation in this Agreement upon 90 days' written notice to the other parties. 9.3 Filing. When fully executed, this Agreement shall be filed with the Kitsap County Auditor. 9.4 Notices. Any notices required by this Agreement shall be delivered, or mailed postage prepaid, and addressed to: Kitsap County City of Bainbridge Island City of Bremerton Clerk to the Board City Clerk City Clerk Office of the Kitsap County City of Bainbridge Island City of Bremerton Board of Commissioners 280 Madison Avenue N. 345 6th Street, Suite 600 614 Division Street Bainbridge Island, WA 98110 Bremerton, WA 98337 Mailstop 4 Port Orchard, WA 98366 KC-057-15 ILA regarding SHB 2060 Surcharge Funds updated 2-20-15 Page 4 City of Port Orchard City of Poulsbo City Clerk Mayor City of Port Orchard City of Poulsbo 216 Prospect Street 19050 Jensen Way NE Port Orchard, WA 98366 P.O. Box 98 Poulsbo, WA 98370 9.5 Administration. As this Agreement contemplates no joint or cooperative undertaking, each party shall administer the Agreement as to its own responsibilities under the Agreement. The County shall oversee the revenue sharing process provided for in this Agreement. 9.6 Reporting. At the start of each calendar year, the County shall report to the Cities all awards made with SHB 2060 surcharge funds pursuant to this Agreement during the preceding calendar year. 9.7 Waiver. The failure by the County or any City to enforce any term or condition of this Agreement shall not be construed to constitute a waiver of any other term or condition, or of any subsequent breach of any provision, of this Agreement. 9.8 Entire Agreement. This Agreement includes the entire Agreement of the parties with respect to any matter addressed in this Agreement 9.9 Amendment. This Agreement may be amended only upon the written agreement of the parties made with the same formalities as those required for its original execution. 9.10 Review. The County and the Cities shall review this Agreement every five years; provided, that nothing herein shall be construed as limiting the parties' rights to amend this Agreement at any time in accordance with Section 9.9 above. 9.11 Effective Date. This Agreement shall take effect immediately upon recording a fully executed original of this Agreement in the office of the Kitsap County Auditor. 9.12 Authorization. By resolution or ordinance, the governing bodies of the County and the Cities have authorized their respective designated officials to execute this Agreement on their behalf. 9.13. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. KC-057-15 ILA regarding SHIT 2060 Surcharge Funds updated 2-20-15 Page 5 Interlocal Agreement Between Kitsap County and the City of Bainbridge Island, City of Bremerton, City of Port Orchard and City of Poulsbo Concerning Allocation of SHB 2060 Surcharge Funds to Very Low-Income Housing Projects in Kitsap County and its Incorporated Cities APPROVED BY THE KITSAP COUNTY BOARD OF COMMISSIONERS this day of 12015 Robert Gelder, Chair Edward E. Wolfe, Commissioner Charlotte Garrido, Commissioner ATTEST: Dana Daniels, Clerk of the Board KC-057-15 ILA regarding SHB 2060 Surcharge Funds updated 2-20-15 Page 6 Interlocal Agreement Between Kitsap County and the City of Bainbridge Island, City of Bremerton, City of Port Orchard and City of Poulsbo Concerning Allocation of SHB 2060 Surcharge Funds to Very Low-Income Housing Projects in Kitsap County and its Incorporated Cities PASSED BY THE CITY OF BAINBRIDGE ISLAND CITY COUNCIL this day of 92015. APPROVED BY THE CITY OF BAINBRIDGE ISLAND CITY MANAGER this day of , 2015. Doug Schulze, City Manager ATTEST: Rosalind Lassoff, City Clerk APPROVED AS TO FORM: Lisa Marshall, City Attorney KC-057-1S ILA regarding SHB 2060 Surcharge Funds updated 2-20-15 Page 7 Interlocal Agreement Between Kitsap County and the City of Bainbridge Island, City of Bremerton, City of Port Orchard and City of Poulsbo Concerning Allocation of SHB 2060 Surcharge Funds to Very Low-Income Housing Projects in Kitsap County and its Incorporated Cities PASSED BY THE CITY OF BREMERTON CITY COUNCIL this day of 12015. APPROVED BY THE CITY OF BREMERTON MAYOR this day of , 2015. Patty Lent, Mayor ATTEST: Shannon L. Corin, City Clerk APPROVED AS TO FORM: Roger A. Lubovich, City Attorney KC-057-15 ILA regarding SHB 2060 Surcharge Funds updated 2-20-15 Page 8 Interlocal Agreement Between Kitsap County and the City of Bainbridge Island, City of Bremerton, City of Port Orchard and City of Poulsbo Concerning Allocation of SHB 2060 Surcharge Funds to Very Low-Income Housing Projects in Kitsap County and its Incorporated Cities PASSED BY THE CITY OF PORT ORCHARD CITY COUNCIL this day of 32015. APPROVED BY THE CITY OF PORT ORCHARD MAYOR this day of , 2015. Tim Matthes, Mayor ATTEST: Brandy Riearson, City Clerk APPROVED AS TO FORM: City Attorney KC-057-15 ILA regarding SHB 2060 Surcharge Funds updated 2-20-15 Page 9 Interlocal Agreement Between Kitsap County and the City of Bainbridge Island, City of Bremerton, City of Port Orchard and City of Poulsbo Concerning Allocation of SHB 2060 Surcharge Funds to Very Low-Income Housing Projects in Kitsap County and its Incorporated Cities PASSED BY THE CITY OF POULSBO CITY COUNCIL this day of 32015. APPROVED BY THE CITY OF POULSBO MAYOR this day of 92015. Becky Erickson, Mayor ATTEST: Nicole Stephens, CMC, City Clerk APPROVED AS TO FORM: James Haney, City Attorney KC-057-15 ILA regarding SH13 2060 Surcharge Funds updated 2-20-15 Page 10 AGENDA BILL CITY OF BREMERTON SA CITY COUNCIL SUBJECT: Interlocal Agreement between Study Session Date: February 25, 2015 Kitsap County and the City of Bremerton COUNCIL MEETING Date: March 4, 2015 relating to the Home Program Department: N/A Presenter: Mary McClure Phone: (360) 377-4900 SUMMARY: The proposed Interlocal Agreement between Kitsap County and the City of Bremerton relates to funding under the Home Program to expand the supply of affordable housing for low and moderate income residents. The agreement designates Kitsap County as the representative member to administer the program. ATTACHMENTS: Low Income Housing Interlocal Agreement FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: ❑ No Presentation [9 Full Presentation STUDY SESSION ACTION: ❑x Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the Interlocal Agreement between Kitsap County and the City of Bremerton and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/07/15 KC-056-15 INTERLOCAL COOPERATION AGREEMENT BETWEEN KITSAP URBAN COUNTY AND THE CITY OF BREMERTON TO FORM A HOME CONSORTIUM UNDER THE NATIONAL AFFORDABLE HOUSING ACT PROGRAM YEARS 2015-2016 AND AS HEREIN RENEWED This agreement is entered into between the City of Bremerton, (hereinafter the "City"), a Washington Municipal Corporation, and Kitsap Urban County (hereinafter the"County"),pursuant to the Interlocal Cooperation Act, chapter 39.34 RCW. Kitsap County Urban County includes Kitsap County, and the cities of Bainbridge Island, Port Orchard and Poulsbo, all Washington Municipal Corporations,pursuant to a separate interlocal agreement among those entities. This agreement will become effective upon adoption by the parties and will continue until terminated as provided herein. SECTION 1. RECITALS 1.1 WHEREAS, the Congress of the United States of America has enacted the National Affordable Housing Act, HOME Investments in Affordable Housing Program,42 U.S.C. Sec. 12721 (hereinafter the Act)as implemented by the U S Department of Housing and Urban Development (hereinafter"HUD") in 24 CFR Part 92, allowing units of general local government to enter into mutual cooperation agreements to form a consortium for the purpose of obtaining funding as a participating jurisdiction under the HOME Investment Partnership Program(HOME Program); 1.2 WHEREAS,the purpose of the HOME program per 24 CFR Section 92.1 is to strengthen public-private partnerships through the allocation of funds among eligible state and local governments and to expand the supply of decent, safe, sanitary,and affordable housing for low and very low income Americans. 1.3 WHEREAS, it is found that the above listed objectives are pertinent to the concerns and needs of the COUNTY and of the CITY; 1.4 WHEREAS, eligibility for HOME Investment Partnership funds is based upon criteria similar to the criteria for eligibility for Urban County designation for CDBG funds: 1.5 WHEREAS, Kitsap County and the Cities of Bainbridge Island,Port Orchard and Poulsbo have requested Urban County status under the CDBG Program and the City of Bremerton qualifies as a separate entitlement under the CDBG program; 1.6 WHEREAS,Kitsap County and the Cities of Bainbridge Island,Port Orchard and Poulsbo have entered into a separate Interlocal Agreement forming a consortium under the Home Program, which agreement designates Kitsap County as the representative member to administer the Urban County's HOME and CDBG programs; 1.7 WHEREAS, COUNTY shall administer the HOME program as well as the Urban County CDBG program and the CITY will administer its own CDBG program. Both of these programs will be included in the County Consortium Consolidated Plan; 1.8 WHEREAS, the signatory political subdivisions to this agreement have determined that obtaining funding under the HOME Program will increase their ability to provide affordable housing for their low and moderate income residents, and KC-056-15 ILA with City of Bremerton Page 1 1.9 WHEREAS, the Department of Housing and Urban Development has specified the minimum provisions which must be included within any intergovernmental agreement for the cooperating governmental bodies to qualify for Urban County eligibility. 1.10 NOW, THEREFORE, in consideration of the mutual promises made herein and the mutual benefits received hereunder, the parties agree as follows: SECTION 2.DEFINITIONS 2.1 "Member" means a unit of local government which is a signatory to this agreement and therefore of the consortium for the purpose of carrying out eligible activities under 24 CFR Part 92. 2.2 "Representative member" means the unit of local government designated hereafter as the one member to act in a representative capacity for all members for the purpose of this agreement("lead entity"). The Representative Member will assume overall responsibility for ensuring that the consortium's HOME Program is carried out in compliance with the requirements of 24 CFR Part 91 and 92,the housing objectives of the CITY and COUNTY as adopted in the Consolidated Plan, and will assume responsibility for the requirements concerning the Consolidated Plan. SECTION 3.ACTIVITIES 3.1 The signatory parties agree to cooperate in undertaking, or assist in undertaking, housing assistance activities for the HOME Investment Partnership Program in compliance with the Consolidated Plan. 3.2 The signatory parties agree to jointly pursue and identify match requirements. 3.3 The signatory parties agree to take affirmative action to further fair housing in their jurisdictions. Such actions may include planning, education and outreach, and enforcement components. SECTION 4.ADMINISTRATION 4.1 COUNTY will be designated as the Representative Member and agrees to carry out such overall responsibilities with the cooperation of the CITY in accordance with 24 CFR 92.101 as set forth herein 4.2 COUNTY will administer both the Urban County's Community Development Block Grant Program and HOME Investment Partnership Program. The CITY will administer its Community Development Block Grant Program separately. 4.3 COUNTY, as the Representative Member, shall manage the entire HOME allocation on behalf of the consortium, as set forth herein. 4.4 COUNTY agrees to carry out eligible activities in accordance with and to generally follow the requirements of 24 CFR Part 92. KC-056-15 ILA with City of Bremerton Page 2 4.5 CITY is responsible for submitting in a timely manner to the Representative Member all information necessary for participation in the consortium as defined in 24 CFR Part 92.This includes all information necessary for the Consolidated Plan,the HOME program description and certifications (24 CFR 92.150), and performance reports. The Consolidated Plan Annual Performance Report,HOME Annual Performance Report, and the Annual Consolidated Plan information shall be provided to the COUNTY by the dates specified by the COUNTY. 4.6 The COUNTY shall have decision making authority over areas specific to the Urban County's CDBG Program as well as its portion of the HOME allocation. The CITY shall have decision- making authority over areas specific to its CDBG entitlement as well as its portion of the HOME allocation. 4.7 The COUNTY is responsible for submitting the Consolidated Plan to the Department of Housing and Urban Development. Development of the Consolidated Plan will require the participation of citizens and organizations as well as input from the CITY. The CITY will provide specific information concerning its housing and non-housing activities as well as its action plan relating to HOME and CDBG activities to the COUNTY to be included in the Consolidated Plan. 4.8 The COUNTY agrees to adopt and implement the HOME projects as approved by the CITY provided such projects are consistent with the HOME Program requirements as set forth in the applicable Code of Federal Regulations. 4.9 Funds received by the Kitsap County HOME Consortium will be allocated between the COUNTY and the CITY based on a proration of the HOME allocation as established by the Federal allocation formula for the year or the most recent formula if a current year formula has not been established. The percentage of distribution between the COUNTY and the CITY shall be as determined in HUD's HOME Consortia Participating Members Percentage Report for each federal fiscal year. Provided, however,that if the federal allocation is reduced due solely to one Party's program activities, the Party that caused the reduction in funds shall have its allocation reduced accordingly. (a)CITY agrees to set aside 85%of CITY's administrative allocation for reimbursement to COUNTY of COUNTY's actual costs for administration of the CITY's portion of the HOME Program. (b) CITY will remit Program Income to the COUNTY for reporting to HUD but will retain control of program income generated from its HOME proration to utilize for HOME projects in accordance with applicable federal regulations. KC-056-15 ILA with City of Bremerton Page 3 SECTION 5. TERM OF THIS AGREEMENT 5.1 This agreement shall remain in full force and effect from the date of execution and approval by HUD for the period necessary to carry out all activities that are funded for the final two years of the three year qualification period of federal fiscal years: 2014, 2015 and 2016 and for such future fiscal years as this agreement is automatically renewed. 5.2 The program year start date for the Urban County and the City of Bremerton CDBG programs as well as the HOME consortium HOME program is January 1,2015,concluding December 31, 2016 except as herein renewed. 5.3 This agreement shall automatically be renewed at the end of each three-year qualification period,unless changes to the agreement are required by HUD that would require the execution of a new agreement, or if the COUNTY or CITY provides written notice that it elects not to participate in the new qualification period. A copy of this notice must be sent to the HUD Field Office. The COUNTY,by the date specified in HUD's urban County qualification notice, shall notify the CITY of its right not to participate in the new qualification period. A copy of this notice must be sent to the HUD Field Office by the date specified in the urban county qualification schedule in Section 11. 5.4 The signatory parties agree to adopt any amendment to the agreement incorporating changes necessary to meet the requirements for cooperation agreements set forth in an Urban County Qualification Notice applicable for a subsequent three-year qualification period, and to submit such amendment to HUD as provided in the urban county qualification notice. A failure of any of the signatory parties to adopt such amendment will void the automatic renewal provision for such qualification period. 5.5 The consortium members are required to remain in the consortium and cannot terminate or withdraw during the entire period. KC-056-15 ILA with City of Bremerton Page 4 CITY OF BREMERTON KITSAP COUNTY BOARD OF COMMISSIONERS,as Representative Member of Urban County Consortium Patty Lent,Mayor Robert Gelder, Chair DATE: Edward E. Wolfe, Commissioner Approves As To Form: Charlotte Garrido, Commissioner City Attorney DATE: ATTEST: ATTEST: Shannon Corin, City Clerk Dana Daniels, Clerk of the Board KC-056-15 ILA with City of Bremerton Page 5 CERTIFICATION I hereby find that the terms and provisions of this Intergovernmental Agreement are fully authorized under State and local law, and that the Agreement provides full legal authority for the COUNTY to undertake or assist in undertaking essential community development and housing activities, specifically urban renewal and publicly assisted housing. TINA R. ROBINSON PROSECUTING ATTORNEY By: Shelley Kneip, Senior Deputy Prosecuting Attorney KC-056-15 ILA with City of Bremerton Page 6 AGENDA BILL 6A CITY OF BREMERTON CITY COUNCIL SUBJECT: Concession Agreement Study Session Date: February 25, 2015 between the City of Bremerton and the COUNCIL MEETING Date: March 4, 2015 Bremerton Historic Ships Association Department: City Attorney's Office Presenter: Roger Lubovich Phone: (360) 473-2335 SUMMARY: The proposed Concession Agreement grants a surface and use concession to the Bremerton Historic Ships Association on the Louis Mentor Boardwalk for the maintenance and operation of gift shop as well as for related fixtures, including the gang plank for access to USS Turner Joy, for the purpose of providing tourist related concession services related to the USS Turner Joy. ATTACHMENTS: Concession Agreement FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: ❑ No Presentation 0 Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda Fx1 General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approved the Concession Agreement between the City of Bremerton and the Bremerton Historic Ships Association and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/07/15 CONCESSION AGREEMENT BETWEEN THE CITY OF BREMERTON AND BREMERTON HISTORIC SHIPS ASSOCIATION This Concession Agreement is entered into between the CITY OF BREMERTON, a Washington Municipal Corporation("CITY") and the BREMERTON HISTORIC SHIPS ASSOCIATION, a Washington Nonprofit Corporation ("CONCESSIONAIRE") on the date fully executed below referred to hereinafter as ("Agreement"). WHEREAS, the CITY is owner of the property commonly known as the Louis Mentor Boardwalk("Boardwalk"), and WHEREAS, CONCESSIONAIRE has constructed a building of approximately 1574 square feet to provide tourist related concession services including a gift shop on the Boardwalk, and WHEREAS, the parties desire to enter into a concession agreement to memorialize the terms of use of the Boardwalk relating to the gift shop building, and NOW, THEREFORE, the parties agree as follows: ARTICLE 1. CONCESSION 1.1 Concession of Premises. 1.1.1 Premises Described. CITY hereby grants a surface and use concession to CONCESSIONAIRE of approximately 3,976 square feet of surface area located on the Boardwalk(said surface area hereinafter referred to as "Concession Area"). This concession is granted for the maintenance and operation of a permanent structure of approximately 1574 square feet, including rooflines, ("Gift Shop") as well as for related fixtures and appurtenances, including the gang plank for access to USS Turner Joy, for the purpose of providing tourist related concession services including a gift shop related to the USS Turner Joy(hereinafter referred to as "Improvements"). The Concession Area and Improvements (collectively referred to as "Premises") are further described in Exhibit A, attached hereto and incorporated by this reference. Securing areas adjacent to the permanent structure with fencing or other means may be performed upon approval of the CITY pursuant to Article 4.1.3 below. Use of areas adjacent to the permanent structure may be allowed only upon approval of the CITY at the CITY's sole discretion. The common address of the Premises is 300 Washington Beach Bremerton WA, 98337. 1.1.2 Interest Defined. It is understood and agreed that Concession Area is not leased to the CONCESSIONAIRE, and that CONCESSIONAIRE is a licensee only. CONCESSIONAIRE'S interest in the Premises does not include a leasehold or an ownership interest in the Boardwalk or a leasehold or fee interest in or ownership of real property upon which the Premises are located. CONCESSIONAIRE's interest in this Agreement is subject to the CITY's right to maintain the Boardwalk in the tidelands upon which it is located. Should the CITY lose its right to maintain the Boardwalk in the tidelands, then this Agreement shall automatically terminate. The parties agree that any and all current or future development and construction of Improvements on the Concession Area are owned by CONCESSIONAIRE subject to the CITY's right, title and interest at the expiration or termination of this Agreement pursuant to Article 2.4. 1.1.3 Right of Entry by CONCESSIONAIRE. In addition to the Concession Area described above, the CITY grants CONCESSIONAIRE a right of entry for ingress and egress to and from the public right-of-way(Second Avenue) over and upon the Boardwalk to access the Premises. CONCESSIONAIRE's use of the rights of entry granted herein shall not be used in a manner inconsistent with or interfere with the CITY's use of the property. CONCESSIONAIRE shall not install any structures or other improvements on the rights of entry without the CITY's prior written approval. Such approval shall be at the CITY's sole discretion. The rights of entry shall terminate upon the expiration or termination of this Agreement. 1.2 Possession, Quiet Enjoyment& Covenants. Except as noted herein and as provided in Article 3.1.1 and Article 4 herein,the CONCESSIONAIRE shall be entitled to exclusive possession of the Premises. CONCESSIONAIRE shall peaceably and quietly have, hold, and enjoy the Premises at all times during the full term of this Agreement. The Boardwalk being a public access area, CONCESSIONAIRE shall have non-exclusive possession and use to that portion of the Boardwalk area of the Concession Area outside the Gift Shop as provided in Article 4.1.3. ARTICLE 2. TERM OF AGREEMENT 2.1 Term. The term of this Agreement shall be ten(10) years, commencing January 1, 2015, the Effective Date of this Agreement and ending December 31, 2024,unless terminated sooner under the terms of this Concession. 2.2 Option to Extend. CONCESSIONAIRE shall have the option of extending this concession for up to two (2) additional five (5) year terms upon delivering written notice to the CITY sixty(60)days prior to the expiration of the term. 2.3 Right to Terminate Early. If CONCESSIONAIRE exercises its option to extend the concession under Article 2.2, the parties shall have the following additional rights under this agreement during the extended term. Either party shall have the right to terminate the concession at any time during the concession option term upon giving the other party one (1) year prior written notice of termination. This concession may also be terminated pursuant to Article 5. 2.4 Improvements- Expiration or Termination of Agreement. Unless otherwise mutually agreed to by the Parties, upon the expiration of the term(s)of this Agreement or upon the termination of this Agreement, other than as a result of condemnation proceedings, the then existing Improvements on the Concession Area will become the property of and owned by the CITY and the CITY shall have all right, title and interest in the same. ARTICLE 3. CONSIDERATION 3.1. Consideration for Concession. 3.1.1 Consideration. As consideration for the ground and use concession granted by the CITY to the CONCESSIONAIRE by Article 1 herein, the CONCESSIONAIRE shall maintain and operate the USS Turner Joy and the Premises as a tourist facility open to the public at reasonable times and to maintain meeting rooms on a reservation basis for groups, organizations, and businesses. 3.1.2 Leasehold Excise Tax. Pursuant to RCW 82.29A.020(1) and RCW 84.36.060(1)(a), this concession does not fall within the definition of a leasehold interest for the purpose of a leasehold tax and therefore is not subject to a leasehold tax. ARTICLE 4. USE & OPERATION OF PREMISES 4.1 Use of Premises. 4.1.1 Gift Shop. The CONCESSIONAIRE will use and occupy the Premises throughout the full term of this Agreement for the purpose of providing tourist related concession services including a gift shop related to the USS Turner Joy. 4.1.2 Security and Nuisance During Use. The CONCESSIONAIRE shall take reasonable precautions in securing the Premises during the frill term of this Agreement. The CONCESSIONAIRE shall use the Premises for no unlawful purposes and shall not use or occupy the Premises in any manner, which would constitute a public nuisance or violate State or CITY laws. 4.1.3 Security Gate and Public Access. CONCESSIONAIRE may install a fence and gate or similar structure on the Boardwalk at or near the entrance of the Concession Area. The design, location and method of installation shall require the CITY's prior approval. Recognizing that the Boardwalk is a public access area, the gate shall be open during normal business hours, except holidays and other days, or portions thereof, as approved by the CITY, to allow full general public access on the Boardwalk area of the Concession Area outside the Gift Shop,both inside and outside the gated area. 4.1.4 Use by the CITY. The CITY shall have the right to use part of the Concession Area outside of the area of the Gift Shop for public events such as the Blackberry Festival and other public purposes to the extent such use does not significantly interfere with the CONCESSIONAIRE's use of the Premises. 4.2 Entry by CITY. CITY may enter the Premises (excepting the CONCESSIONAIRE's building) at all times to inspect and perform structural work on the boardwalk as required pursuant to Section 4.4.1 below, perform maintenance of the utilities located thereon, and to restrict access as necessary to perform this work; provide other services required hereunder; and post notices of CONCESSIONAIRE's noncompliance with the provisions of this concession, all without being deemed a constructive eviction. Any person or persons who may have an interest in the purpose of CITY's visit may accompany the CITY. CITY has the right to use any and all means that CITY deems proper to open doors and gates in an emergency in order to obtain entry to the Premises. Except in the case of an emergency, if the CITY deems it necessary to enter the CONCESSIONAIRE's building, the CITY shall give the CONCESSIONAIRE at least twenty- four(24) hour notice of such entry and the CITY further agrees that such entry will be at such time as is mutually agreeable to the Parties. 4.3 Health Inspections. CONCESSIONAIRE shall not knowingly commit or willfully permit to be committed any act or thing contrary to the rules and regulations prescribed by the local board of health, or which shall be contrary to the laws, rules or regulations of any federal, state or municipal authority. CONCESSIONAIRE shall allow the Bremerton-Kitsap County Health Department to make regular and ordinary inspections of the Premises as said health department may deem proper. 4.4 Maintenance, Repair, & Improvements 4.4.1 Maintenance. CONCESSIONAIRE shall, at its sole cost and expense, clean and maintain the Premises, and make repairs, restorations, and replacements to the Premises, including without limitation the heating, ventilating, air conditioning, mechanical, electrical, and plumbing systems, structural roof,walls, and foundations, roof coverings, sprinkling and irrigation systems, playing surfaces and the fixtures, and appurtenances to the Premises as and when needed to preserve them in"first class" condition and repair(less normal wear from use) throughout the full term. CONCESSIONAIRE shall paint the exterior of the buildings (except the metal) with such frequency as may be required to maintain their good, clean appearance. All such repairs, restorations, and replacements will be in quality and workmanship at least equal to the original work or installations. If CONCESSIONAIRE fails to make such repairs, restorations, or replacements, CITY may, but is not required to, enter the Premises and make them at the expense of CONCESSIONAIRE and such expense will be paid by CONCESSIONAIRE within fifteen(15)days after delivery of a statement for such expense. Nothing in Article 4.4 of this Agreement or its related subsections shall be construed to obligate the CONCESSIONAIRE to maintain that portion of the premises identified as the Boardwalk except as provided herein. CONCESSIONAIRE's obligations as it relates to that portion of the Premises identified as the Boardwalk shall be limited to cleaning the surface of the Boardwalk and maintenance of CONCESSIONAIRE's improvements situated thereon. The CITY shall remain obligated to maintain the overall integrity of the Boardwalk including any and all major structural repairs. 4.4.2 Surface Area Maintenance. At its sole cost and expense, CONCESSIONAIRE shall maintain any walkway or other public areas on the Premises in good and presentable condition during the full term of this Agreement, shall be responsible for correcting any unsafe conditions caused by the CONCESSIONAIRE, and shall be responsible for the removal of ice and snow from the walkways and other public areas on the Boardwalk situated within the Concession Area. 4.4.3 Janitorial Services. At its sole cost and expense, CONCESSIONAIRE shall keep the Premises clean, and shall provide sufficient janitorial services to maintain a tidy appearance on and about the Premises. 4.4.4 Repair of Damage. In the event any damage or injury shall occur to the Premises of any kind or nature whatsoever, CONCESSIONAIRE shall promptly cause said damage or injury to be fully repaired at CONCESSIONAIRE's own cost and expense. In the event CONCESSIONAIRE fails to accomplish such repairs within fifteen(15) days of receipt of written notice by the CITY, then in that event CITY may, but is not required to, enter the Premises and accomplish such repairs and bill CONCESSIONAIRE who will pay the bill within fifteen (15) days after delivery of a statement for such expense. 4.4.5 Improvements. The CONCESSIONAIRE shall be solely responsible for providing adequate funding for any alterations or improvements as provided in this Agreement and such alterations or improvements shall be made without cost to the CITY. 4.4.6 Alterations of Premises after Construction. CONCESSIONAIRE shall not make any material alteration to that portion of the Premises identified as the Boardwalk, or to any part of the Premises that would have a structural impact to or the use of the Boardwalk, without the CITY's prior written consent. 4.5 Signs. CONCESSIONAIRE may place and maintain signs upon the Premises in accordance with applicable sign and zoning codes of the CITY. 4.6 Utilities. 4.6.1 Utility Services and Expense. The CONCESSIONAIRE will pay for all water, gas, garbage, sewage, electricity, telephone, and other utilities and communications services used by CONCESSIONAIRE on the Premises, whether or not such services are billed directly to CONCESSIONAIRE. CONCESSIONAIRE will also procure, or cause to be procured, without cost to the CITY, any and all necessary permits, licenses, or other authorizations required for the lawful and proper installation and maintenance upon the Premises of utility appurtenances and appliances for use in supplying such utilities and services to and upon the Premises. The CITY, upon request of CONCESSIONAIRE, and at the sole expense and liability of the CONCESSIONAIRE, will join with CONCESSIONAIRE in any application required for obtaining or continuing any such services, provided that such services do not violate any other applicable provision of this Agreement. The CITY shall not be held liable for any injury, loss, or damage caused by or resulting from any interruption or failure of utility services due to any cause whatsoever, except the CITY's sole negligence. CONCESSIONAIRE shall not be entitled to any offset, reduction, or return of consideration as a result of any interruption or failure of services. 4.6.2 Trash & Garbage. The CONCESSIONAIRE shall place all trash and garbage into such areas and containers as are designed and intended to accommodate the trash and garbage generated within or on the Premises. The CONCESSIONAIRE shall not allow trash and/or garbage to accumulate such that a nuisance or health hazard results. 4.7 Hazardous Substances. 4.7.1 Definition. As used herein, the term"Hazardous Substance" means any hazardous, toxic, or dangerous substance, waste, or material, which is or becomes regulated under any federal, state, or local statute, ordinance, rule, regulation, or other law now or hereafter in affect pertaining to environmental protection, contamination, or cleanup. 4.7.2 Information. CONCESSIONAIRE shall keep upon the Premises, in a location accessible to CITY, on request during normal business hours, copies of all reports regarding hazardous or toxic materials in the Premises that CONCESSIONAIRE has provided to any governmental agency in the previous quarter. CONCESSIONAIRE shall, upon request and at CONCESSIONAIRE's expense,provide CITY with a copy of any such report as to which CITY request a copy. In the event of any accident, spill, or other incident involving hazardous or toxic matter that CONCESSIONAIRE is required to report to any governmental agency, CONCESSIONAIRE shall immediately report the same to the CITY and supply CITY with all information and reports with respect to the same, together with CONCESSIONAIRE's clean-up or remediation plan and schedule. If such clean-up or remediation plan is not acceptable to CITY in CITY's sole discretion, CITY may so notify CONCESSIONAIRE and,upon 48 hours prior written notice(or without notice if so required by an emergency)may enter on the Premises to conduct the clean-up or remediation and charge CONCESSIONAIRE the costs thereof. All information described herein shall be provided to CITY regardless of any claim by CONCESSIONAIRE that it is confidential or privileged, provided that the CITY shall not publish or disclose the information to any third party except as pursuant to Chapter 42.56 RCW or as otherwise required by law. 4.7.3 indemnification. CONCESSIONAIRE agrees to hold harmless, protect, indemnify, and defend CITY from and against any damage, loss, claim, or liability, including attorney's fees and costs, resulting from CONCESSIONAIRE's use, disposal, transportation, generation, and/or sale of any Hazardous Substances. This indemnity will survive the termination of this Agreement,whether by expiration of the term or otherwise. 4.8 Risk of Loss. All personal property of any kind or description whatsoever on or within the Premises shall be at the CONCESSIONAIRE's sole risk, and CITY shall not be liable for any damage done to, or loss of, such personal property. 4.9 No Liens. It is mutually understood and agreed that the CONCESSIONAIRE shall have no authority, express or implied,to create or place or to allow to be created or placed any lien or encumbrance of any kind or nature whatsoever upon, or in any manner to bind, the interest of the CITY in the Premises or to charge the rentals payable hereunder for any claim in favor of any person dealing with CONCESSIONAIRE, including those who may furnish materials or perform labor for any construction or repairs, and each such claim shall affect and each such lien shall attach to, if at all, only the right and interest granted to CONCESSIONAIRE by this Agreement. If any such liens are filed, CITY may, without waiving its rights and remedies for breach, and without releasing CONCESSIONAIRE from its obligations hereunder, require CONCESSIONAIRE to post security in form and amount reasonably satisfactory to CITY or cause such liens to be released by any means CITY deems proper, including payment in satisfaction of the claim giving rise to the lien. CONCESSIONAIRE shall pay to CITY upon demand any sum paid by CITY to remove the liens. Further, CONCESSIONAIRE agrees that it will save and hold the CITY harmless from any and all loss, cost, or expenses based on or arising out of the asserted claims or liens against this Agreement or against the right, title, and interest of the CITY in the Premises or under the terms of this Agreement, including reasonable attorney's fees and costs incurred by CITY in removing such liens, and in enforcing this paragraph. ARTICLE 5. TERMINATION 5.1 Failure to Perform 5.1.1 Obligation to Perform. Nothing herein shall imply any duty upon CITY to do any work, which under any provision of this concession CONCESSIONAIRE may be required to perform, and the performance thereof by CITY shall not constitute a waiver of CONCESSIONAIRE's default. 5.1.2 Payments to Other Parties. Except as otherwise expressly provided hereunder, all obligations of the CONCESSIONAIRE under this Agreement shall be performed by CONCESSIONAIRE at CONCESSIONAIRE's sole cost and expense. If CONCESSIONAIRE fails to pay any sum of money owed to any party other than CITY for which CONCESSIONAIRE is liable hereunder, or if CONCESSIONAIRE fails to perform any other act on its part to be performed hereunder, and such failure continues for ten (10) days after notice thereof by CITY, CITY may, without waiving or releasing CONCESSIONAIRE from its obligations, make any such payment or perform any such other act to be made or performed by CONCESSIONAIRE. CONCESSIONAIRE shall pay CITY, on demand, all sums so paid by CITY and all necessary incidental costs, together with interest thereon at the lesser of I''/z percent per month or the maximum rate permissible by law, from the date of such payment by CITY. 5.2 Default. This Agreement and the concession granted herein may be terminated for default as follows: 5.2.1 CITY's Default. CITY will not be in default unless CITY fails to perform an obligation within thirty (30) days after notice by CONCESSIONAIRE, which notice must specify the alleged breach;provided that if the nature of CITY's obligation is such that more than thirty(30) days are reasonably required for cure, then CITY will not be in default if CITY commences to cure within thirty(30) days of CONCESSIONAIRE'S notice and thereafter diligently pursues completion and completes performance within a reasonable time. 5.2.2. CONCESSIONAIRE's Default. The occurrence of any one or more of the following events constitutes a default under this Agreement by CONCESSIONAIRE: (1) CONCESSIONAIRE shall be in default of the performance of any covenants, conditions, or provisions of this Agreement where such failure continues for a period of thirty (30)days after written notice is given by CITY provided that if the nature of CONCESSIONAIRE's obligations is such that more than thirty(30)days are reasonably required for cure, CONCESSIONAIRE will not be in default if CONCESSIONAIRE commences to cure within thirty(30)days of CITY's notice and thereafter diligently pursues completion and completes performance within a reasonable time; or (2) CONCESSIONAIRE shall be adjudged bankrupt, make a general assignment for the benefit of creditors, or take the benefit of any insolvency act, or if a permanent receiver and trustee in bankruptcy shall be appointed for CONCESSIONAIRE's estate and such appointment is not vacated within thirty (30) days; or (3) Except for regularly scheduled maintenance of the Premises or other work requiring the Premises to be closed, Premises becomes vacant or deserted for a period of thirty(30) days; or (4) If this Agreement is assigned or the Premises is concessioned by CONCESSIONAIRE other than in accordance with the terms of Article 7.4.1; or (5) CONCESSIONAIRE fails to make any payment when due, or fails to make any other payment required hereunder when due. The CITY may terminate this Agreement when such default continues for a period of thirty(30) days after written notice is given by CITY, provided that if the nature of CONCESSIONAIRE's obligations is such that more than thirty(30)days are reasonably required for cure, CONCESSIONAIRE will not be in default if CONCESSIONAIRE commences to cure within thirty(30) days of CITY's notice and thereafter diligently pursues completion and completes performance within a reasonable time. Upon a default,the CITY may terminate this Agreement and remove CONCESSIONAIRE by summary proceedings or otherwise. 5.2.3 Default for Other Cause. This Agreement may be immediately terminated for other cause by a party if the other party substantially fails to perform its obligations under this Agreement, through no fault of the terminating party, and the non-performing party does not commence correction of the failure of performance within thirty(30) days of the terminating party's sending notice to the non-performing party. 5.3 Remedies are Cumulative. Remedies under this Agreement are cumulative; the failure to exercise on any occasion any right shall not operate to forfeit such remedy. 5.4 Destruction of Premises & Use of Insurance Proceeds. Unless otherwise mutually agreed by the parties, in the event the Premises are destroyed or damaged by fire, earthquake,or other casualty, then CONCESSIONAIRE shall proceed to rebuild and restore the Premises, or such part thereof, as may be destroyed or damaged as aforesaid. In the event of any loss covered by the insurance policies described and required pursuant to Article 6.1.1 herein, unless this Agreement shall be terminated as provided herein, the proceeds of such insurance policies shall be used by CONCESSIONAIRE first to rebuild and restore the Premises and replace the improvements, fixtures, and equipment, which may be destroyed or damaged by such casualty. This Article shall not apply to that portion of the Premises identified as the Boardwalk. 5.5 Duties upon Termination. Upon termination of this Agreement, and unless otherwise arranged, CONCESSIONAIRE shall remove from the Premises all its personal property, goods, and effects. In the event that the CONCESSIONAIRE fails to perform this duty at termination, the CITY may cause such removal to be made and said personal property, goods, and effects to be stored, the cost and expense to be paid by the CONCESSIONAIRE. It is mutually understood and agreed that the Boardwalk is the property of the CITY and that all improvements to said property shall revert to the CITY at the termination of this Agreement. 5.6 Eminent Domain. The following rules shall govern the rights and duties of the parties in the event of interference with the possession of the Premises by CONCESSIONAIRE by right of eminent domain or private purchase in lieu thereof. 5.6.1 Rights of Termination. If the whole of the Premises shall be taken for any public or quasi-public use under any statute or by right of eminent domain, or by private purchase in lieu thereof, then this Agreement shall automatically terminate as of the date that title shall be taken. If more than twenty-five percent(25%) of the Premises shall be so taken and if the taking renders the remainder thereof unusable for the purposes for which the Premises were concessioned, then CITY and CONCESSIONAIRE shall each have the right to terminate this Agreement on thirty(30) days notice to the other given within ninety(90) days after the date of such taking. Provided, however, that if the CITY is exercising its rights of eminent domain during the initial term, a fair value shall be placed on this Agreement and the Premises with the compensation thereof awarded solely to CONCESSIONAIRE. 5.6.2 Compensation. The compensation awarded or paid upon such a total or partial taking of the Premises and/or this Agreement shall belong to and be apportioned between the CITY and CONCESSIONAIRE in accordance with their respective interests as determined by a court of competent jurisdiction. Additionally, CONCESSIONAIRE may prosecute any claim directly against the condemning authority for the costs of removal of the goodwill, stock, trade fixtures, furniture and other personal property belonging to CONCESSIONAIRE. CITY shall have no claim to condemnation proceeds that are attributable to CONCESSIONAIRE's interest in the Premises, nor shall CONCESSIONAIRE have any interest in CITY's condemnation proceeds, if any. 5.7 Interest Limited. CONCESSIONAIRE's interest in this Agreement is subject to the CITY's right to maintain the Boardwalk in the tidelands upon which it is located. Should the CITY lose its right to maintain the Boardwalk in the tidelands, then this Agreement shall automatically terminate. ARTICLE 6. INSURANCE AND INDEMNIFICATION 6.1 Insurance. 6.1.1 Fire& Casualty Insurance. The CONCESSIONAIRE agrees that, at all times during the full term of this Agreement and at its own expense, CONCESSIONAIRE shall, at its sole cost and expense, maintain in full force and effect adequate fire, and other casualty coverage covering the Premises and its contents, including all personal property, fixtures, improvements. Such policy shall include a replacement cost endorsement. CONCESSIONAIRE shall obtain and file with the CITY's Risk Manager a Certificate of Insurance evidencing such coverage. All such insurance coverage shall include a ten-day cancellation notice to CONCESSIONAIRE and the CITY. Adequacy of coverage is defined as insurance sufficient to restore the Premises to its pre- casualty condition. The CONCESSIONAIRE shall not be required to insure that portion of the Premises identified as the Boardwalk. 6.1.2 Liability Insurance. Prior to the commencement date of this Agreement, CONCESSIONAIRE, at its own expense shall obtain and file with the CITY's Risk Manager a Certificate of Insurance evidencing general comprehensive liability insurance coverage ("CGL") providing coverage of at least $1,000,000 per occurrence for bodily injury and $500,000 per occurrence for property damage. This Certificate of Insurance shall be subject to approval by the CITY's Risk Manager as to company, terms and coverage, and said approval shall not be unreasonably withheld. The CGL shall name the CITY as an additional insured and must fully protect the CITY from any and all claims and risks and losses in connection with any activities or omissions by the CONCESSIONAIRE by virtue of this Agreement. The CGL policy shall remain in full force and effect at the CONCESSIONAIRE's sole expense for liability, for property damage or personal injury that may occur in connection with activities or omissions by the CONCESSIONAIRE, and provide coverage for the full term of this Agreement. CONCESSIONAIRE shall notify the CITY's Risk Manager immediately of any cancellation, lapse,reduction or modification of such insurance. Failure to provide such notice shall be deemed to be a breach of the terms of this Agreement. 6.1.3 Release and Waiver of Subrogation. Any policy of insurance carried by CONCESSIONAIRE pursuant to any obligation under this Agreement, shall, to the extent available, contain a waiver of subrogation clause on the part of the insurer. Such waiver shall apply to damages to adjacent property. Notwithstanding any other provision of this Agreement, neither CITY nor CONCESSIONAIRE shall be liable to the other party or to any insurance company(by subrogation or otherwise) insuring the other party for any loss or damage to any building, structure or tangible personal property of the other occurring in or about the Premises or the Boardwalk, even though such loss or damage might have been occasioned by the negligence of such party, its agents or employees, if such loss or damage is covered by insurance issued by an insurance carrier authorized or licensed by the Insurance Commissioner of the State of Washington to issue lines of insurance,benefiting the party suffering such loss or damage or was required under the terms of this Agreement to be covered by insurance by the party covering the loss. 6.2 Hold Harmless,Indemnification, & Industrial Insurance. 6.2.1 Hold Harmless & Indemnification. Each party hereto agrees to be responsible and assumes liability for its own wrongful or negligent acts or omissions, or those of its officers, agents, or employees to the fullest extent required by law. Each party agrees to save, indemnify, defend, or hold the other party harmless against all liability, loss, damages, and expenses, including costs and attorney's fees, resulting from actions, claims and lawsuits arising or alleged to have arisen, in whole or in part, out of or in consequence of the acts or failures to act of the other party, its employees, its subcontractors, its agents, or its assigns, which arise in any way out of the performance of this Agreement. In the case of negligence of both the CITY and the CONCESSIONAIRE, any damages allowed shall be levied in proportion to the percentage of negligence attributable to each party, and each party shall have the right to seek contribution from the other party in proportion to the percentage of negligence attributable to the other party. Should a court of competent jurisdiction determine that this Agreement 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 CONCESSIONAIRE and the CITY, its officers, officials, employees, and volunteers, the CONCESSIONAIRE's liability hereunder shall be only to the extent of the CONCESSIONAIRE's negligence. 6.2.2 Industrial Insurance. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONCESSIONAIRE'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51, RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. This waiver has been mutually negotiated by the parties. The provisions of this Article shall survive the expiration or termination of this Agreement. ARTICLE 7. GENERAL CONDITIONS 7.1 Relationship of Parties. 7.1.1 CONCESSIONAIRE -Independent Contractor Status. The parties intend that an independent relationship shall be created by this Agreement. Nothing contained herein shall create the relationship of principal and agent or of partnership or of joint venture between the parties hereto, and neither the method of computation of consideration nor any other provision contained herein shall be deemed to create any relationship between the parties hereto other than the relationship of CITY as granting a ground and use concession to the CONCESSIONAIRE. CONCESSIONAIRE has the experience, ability, and resources to develop and operate a gift shop and related activities and is performing independent functions and responsibilities within its field of expertise. CONCESSIONAIRE and its personnel are independent contractors and not employees of the CITY. No agent, employee, servant, or representative of the CONCESSIONAIRE shall be deemed to be an employee, agent, servant or representative of the CITY. CONCESSIONAIRE and its personnel have no authority to bind the CITY or to control the CITY's employees. As an independent contractor, CONCESSIONAIRE is responsible for its own management. The CITY's administration and enforcement of this Agreement shall not be deemed an exercise of managerial control over CONCESSIONAIRE or its personnel. 7.1.2 No Third Party Rights Created. It is mutually understood and agreed that this Agreement is solely for the benefit of the parties hereto and gives no right to any other party. 7.1.3 No Joint Venture/Partnership. It is mutually understood and agreed that no joint venture or partnership formed as a result of this Agreement. 7.2 Notices. Except as provided in Article 5 herein, any notice required or permitted hereunder must be in writing and will be effective upon the earlier of personal delivery or three (3)days after being mailed by certified mail, return receipt requested, addressed to CONCESSIONAIRE or to CITY at the address for that party designated herein. Either party may specify a different address for notice purposes by written notice to the other, except that CITY may in any event use the Premises as CONCESSIONAIRE's address for notice purposes. All notices shall be delivered to the following addresses: City of Bremerton Bremerton Historic Ships Association Attn: Director of Parks and Recreation Attn: 680 Lebo Boulevard 300 Washington Beach Bremerton, WA 98310 Bremerton, WA 98337 Telephone: 360-473-5305 Telephone: 360-792-2457 7.3 Permits, Licenses, Taxes, & Fees. 7.3.1 Permits,Licenses, & Other Documents. The CONCESSIONAIRE shall possess a current Bremerton Business License and shall obtain all regulatory licenses and permits, including all construction and building permits, necessary to fulfill CONCESSIONAIRE's obligations under this Agreement at CONCESSIONAIRE's sole expense. Each party agrees to execute such additional or other documents as may be required to fully implement the intent of this Agreement. 7.3.2 Taxes & Fees. As an independent contractor, the CONCESSIONAIRE shall be solely responsible for all taxes, fees and charges incurred, including but not limited to license fees, business and occupation taxes, workers' compensation and unemployment benefits, all federal, state,regional, county and local taxes and fees, including leasehold excise tax pursuant Chapter 82.29A RCW, if applicable, ad valorem taxes, taxes imposed on personal property, all other assessments for improvements or benefits which are assessed on the Premises, income taxes, property taxes, permit fees, operating fees, surcharges of any kind that apply to any and all persons, facilities,property, income, equipment, materials, supplies or activities related to the CONCESSIONAIRE's obligations under this Agreement. 7.4 Miscellaneous. 7.4.1 Successors & Assigns. The CITY and CONCESSIONAIRE each agree to be bound to the other party in respect to all covenants, agreements, and obligations contained in this contract. Neither party shall assign the contract in part or as a whole, without the written consent of the other. The CITY acknowledges that the CONCESSIONAIRE shall be authorized to sub- CONCESSION areas within the Premises to food and beverage purveyors, equipment sales, and similar supporting concessions. When requested, approval by the CITY of an assignment shall not be unreasonably withheld. In the event of an assignment, subcontracting, or delegation of duties, the CONCESSIONAIRE shall remain responsible for the full and faithful performance of this Agreement and the assignee, subcontractor, or other obligor shall also become responsible to the CITY for the satisfactory performance of the services, facilities, or equipment assumed. The CITY may condition approval upon the delivery by the assignee or other obligor of its covenant to the CITY to fully and faithfully complete the requirements or responsibility undertaken under this Agreement. Except as otherwise provided herein, all of the covenants, conditions, and provisions of this Agreement are binding upon and inure to the benefit of the parties and their respective heirs,personal representatives, successors, and assigns. 7.4.2 Bankruptcy. Parties agree that if the CONCESSIONAIRE is adjudged bankrupt, either voluntarily or involuntarily,then this Agreement, at the option of the CITY,may be terminated effective on the day and at the time the bankruptcy petition is filed. 7.4.3 Compliance with Laws. The CONCESSIONAIRE, its officers, employees, and agents shall comply with applicable federal, state, county, and local laws, statutes, rules, regulations, and ordinances, in performing its obligations under this Agreement. Such compliance shall include abiding by all applicable federal, state and local policies to ensure equal employment opportunity based on ability and fitness to all persons regardless of race, creed, color, national origin, religion, sex, sexual orientation, physical handicaps or age. The CONCESSIONAIRE shall comply with applicable laws pertaining to employment practices and employee treatment. Conditions of the Federal Occupational Safety and Health Act of 1970 (OSHA), the Washington Industrial Safety and Health Act of 1973 (WISHA), and standards and regulations issued under these Acts must be complied with. The CONCESSIONAIRE agrees to indemnify and hold harmless the CITY from all damages assessed for the CONCESSIONAIRE's failure to comply with the Acts and Standards issued thereunder. The CONCESSIONAIRE is also responsible for meeting all pertinent local, state and federal health and environmental regulations and standards applying to any operation in the performance of this Agreement. 7.4.4 Nondiscrimination. Parties shall not discriminate in employment or services to the public on the basis race, color,national origin, sex, religion, age, marital status, disability, or sexual orientation, except for employment actions based on bona fide occupational qualification. 7.4.5 Choice of Law& Venue. This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. 7.4.6 Costs & 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. 7.4.7 Approvals and Modification. The administration of this Agreement and any approvals required by the CITY as provided in this Agreement shall be by the Mayor or his/her designee. This Agreement may only be modified by written instrument approved by the City Council and signed by both parties. 7.4.8 Change in Law/Renegotiation. The parties agree that changes in federal, state or local laws or regulations that materially modify the terms and conditions of the Agreement and result in a detrimental change in circumstances or a material hardship for either party in performing this Agreement may be the subject of a request by a requesting party to renegotiate this Agreement or negotiate Agreement amendments and the responding party agrees to renegotiate fairly with the requesting party. 7.4.9 Force Majeure. Provided that all other requirements of this Agreement are met, any party shall not be deemed to be in default and shall not be liable for failure to perform under this Agreement if that party's performance is prevented or delayed by acts of God including landslides, lightning, forest fires, storms, floods, freezing and earthquakes, civil disturbances, acts of the public enemy, wars, blockades, public riots, breakage, explosions, accident to machinery, equipment or materials,unavailability of required materials, governmental restraint or other causes, whether of the kind enumerated or otherwise, which are not reasonably within the control of that obligated party("Force Majeure"). If as a result of a Force Majeure event, an obligated party is unable wholly or partially to meet its obligations under this Agreement, it shall give the other party promptly written notice of the Force Majeure event, describing it in reasonable detail. The obligated party's obligations under this Agreement shall be suspended, but only with respect to the particular component of obligations affected by the Force Majeure and only for the period during which the Force Majeure exists. 7.4.10 Waiver. Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. No waiver of any right or obligation of either party hereto shall be effective unless in writing, specifying such waiver, executed by the party against whom such waiver is sought to be enforced. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power. 7.4.11 Severability. Should any part of this Agreement be found void, illegal,or unenforceable, the balance of the Agreement shall remain in full force and effect. 7.4.12 Entire Agreement. This Agreement and its attached Exhibit constitutes the entire agreement between the parties, and the parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. 7.4.13 Counterparts. This Agreement may be executed simultaneously in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, this Agreement has been entered into between the City of Bremerton and Bremerton Historic Ships Association on the date fully executed below. CITY OF BREMERTON By: Date Patty Lent, Mayor BREMERTON HISTORIC SHIPS ASSOCIATION Date By: Its: (Notary Acknowledgement on next page) STATE OF WASHINGTON ) ss. COUNTY OF KITSAP ) On this day of , 2015, before me personally appeared , to me known to be the of BREMERTON HISTORIC SHIPS ASSOCIATION, a Washington non-profit corporation, that executed the within and foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute and in fact executed said instrument on behalf of the corporation. Given under my hand and official seal this day of , 2015. Type/Print Name Notary Public in and for the State of Washington residing at My Commission expires STATE OF WASHINGTON ) ss. COUNTY OF KITSAP ) On this day of , 2015, before me personally appeared PATTY LENT, to me known to be the Mayor of the CITY OF BREMERTON, a Washington municipal corporation, that executed the within and foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that she was authorized to execute and in fact executed said instrument on behalf of the municipal corporation. Given under my hand and official seal this day of 12015. Type/Print Name Notary Public in and for the State of Washington residing at My Commission expires APPROVED AS TO FORM: ATTEST: Roger A. Lubovich, City Attorney Shannon Corin, City Clerk R`•-cgal`%Lcgal\Files\Current Actrvc Filcs\Brcmcrton Historic Ships Associauon\Concession Agrccment3 2015-Final doc Exhibit "A" Turner Joy Concession Boundary Upon the Bremerton Boardwalk Boundary description: A portion of Tax Lot#242401-2-007-2008 SEC.24,TWN 24 N, R 1 E,WM.situated in Kitsap County. A portion of the State Lease Agreement Description#22-080016.This portion is upon the north end of the Boardwalk and described as follows; The North most 54.5 feet and West boundary is offset 16.7 feet from the west edge of the Bremerton Boardwalk. Building Area = 1,574 Sq. FT. Concession Boundary Area = 3,976 Sq. Ft. ` N Line Bremerton Boardwalk Concession BoundaryArea Building Fence i •— Fence w/Gate - r � ' , ,( 16co"c ESSIO,E10 I' i / NDARYAREA Vv CONCESSSI "(GIFT ? GIFT SHOP 0-1 0 f ` i Y Q B MAAE ro RINIA m j CoLu AGENDA BILL 1015 CITY OF BREMERTON CITY COUNCIL SUBJECT: Ordinance No. 5270 relating to Study Session Date: February 25, 2015 the One Percent (1%) for the Arts Program COUNCIL MEETING Date: March 4, 2015 Department: Parks and Rec. Presenter: Wyn Birkenthal Phone: 473-5752 SUMMARY: The proposed ordinance terminates the suspension of expenditures for new art from the One Percent (1%) for the Arts Program, restores regular meetings of the Bremerton Arts Commission and amends Chapter 2.32 of the Bremerton Municipal Code by allowing the Mayor to assign staff to provide administrative support for the 1% for the Arts Program and Arts Commission. ATTACHMENTS: Ordinance No. 5270 FISCAL IMPACTS (Include Budgeted Amount): Existing staff will be utilized with no overtime required. STUDY SESSION AGENDA: Z No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda 0 General Business ❑ Public Hearing RECOMMENDED MOTION: Move to pass Ordinance No. 5270 repealing Ordinance No. 5167 and amending Chapter 2.32 of the BMC relating to the One Percent (1%) for the Arts Program. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/07/15 ORDINANCE NO. 5270 AN ORDINANCE of the City Council of the City of Bremerton, Washington, repealing Ordinance No. 5167 relating to the suspension of expenditures for new art from the One Percent (1%) for the Arts Program, and further, amending Chapter 2.32 of the Bremerton Municipal Code relating to administrative support for the Arts Commission. WHEREAS, in 2005, the City Council adopted Chapter 2.32 of the Bremerton Municipal Code establishing a City of Bremerton Arts Commission; and Chapter 3.12 of the Bremerton Municipal Code establishing a One Percent(1%) Fund for the purpose of creating a One Percent(1%) Arts Program for the City; and WHEREAS, due to budget restraints, in 2011, the City Council adopted Ordinance No. 5167 to suspend the expenditures for new art from the One Percent (1%) for the Arts Program and authorized the City Council to extend or shorten the suspension period by motion or resolution; and WHEREAS, in 2013, the City Council, by motion, extended the suspension period to January 1, 2016; and WHEREAS, the City Council now desires to terminate the suspension of the expenditures for new art from the One Percent (I%) for the Arts Program and allows for the assignment of administrative support for the program by the Mayor; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION]. Ordinance No. 5167 is hereby repealed and the suspension of the expenditures for new art from the One Percent (1%) for the Arts Program is hereby terminated. SECTION 2. Chapter 2.32 of the Bremerton Municipal Code entitled "Arts Commission" is hereby amended by amending Section 2.32.020 as follows: Chapter 2.32 ARTS COMMISSION 2.32.010 PURPOSE OF ARTS COMMISSION. (a) The City of Bremerton supports expanding experiences with the arts through Public Art to enhance the quality of life for its citizens. Public Art has enabled people in all societies to understand more clearly their communities and individual lives. Artists creating art for public places benefits the community and enhances the City's standing as a center for artists. 1 Bremerton Arts Commission A policy is therefore established to direct the inclusion of works of art in public places ("Public Art") in the City through a program to be known as "One Percent(1%) for Arts Program" funded through a One(I%) Percent for Arts Fund as set forth in Chapter 3.12 BMC. In administering the Arts Program, it is the City's desire to: (1) Enhance and enrich the City's physical environment and public spaces. (2) Consider opportunities to celebrate the multi-cultural and diverse character of Bremerton. (3) Contribute a sense of ownership and pride in spaces and public facilities to Bremerton citizens. 2.32.020 ARTS COMMISSION ESTABLISHED. (a) Membership. The Arts Commission shall consist of seven members. Members shall include but not be restricted to representatives of: painters, sculptors, music, literature, architects, and landscape architects. Appointment to the Arts Commission shall be made by the Mayor subject to confirmation by the City Council. (b) Terms. Terms of office shall consist of four(4) year staggered terms with the initial terms consisting of two (2) members with four(4) year terms, two (2) members with three (3) year terms, two (2) members with two (2) year terms and one (1) member with a one (1)year term. (c) Compensation. Commissioners shall serve without compensation. (d) Conflict of Interest. No City official or employee may be a member of the Arts Commission, nor may any citizen having a conflict of interest be a member of the Arts Commission. No Commission member may submit work for consideration during his/her term of office. As soon as a conflict of interest becomes apparent, the commission member shall disclose to each of the members voting on the matter the nature of his/her interest in the issue and shall be disqualified from participating in any debate, decision or vote relating to that issue. (e) Administrative Support. The Department of Ge,,-,.,,un t„Development shall previde administrative s ei4 f .,...,a . e-L with the Arts !`...,,mission t d �Administrative support will be provided to the Arts Commission by City staff as assigned by the Mayor. (f) Maintenance. The Arts Commission shall oversee the conservation and maintenance of any Public Art and shall prepare reports as requested for submittal to the City Council on the condition and maintenance requirements of all Public Art. (g) Community Outreach. The Arts Commission shall support citizen forums and workshops, gather information and/or assist in education/informing the public about Public Art and the City's Public Art collection. (h) Rules and Procedures. The Arts Commission shall establish rules and procedures it deems necessary and appropriate to administer and implement the One Percent (I%) for Arts Program. These rules and procedures may address the following: (1) Methods for selection of artists and art for Public Art projects; (2) Incentives for the inclusion of art in private projects; (3) Artists' rights and responsibilities relative to Public Art; (4) Maintenance and preservation of Public Art; (5) Decommissioning and removal of Public Art; (6) Public education and community outreach; (7) Private funding and gifts for Public Art. 2 Bremerton Arts Commission 2.32.030 ART/ARTIST SELECTION. (a) Planning. Artists may be selected to assist in the evaluation of options, strategies, limitations, opportunities for art, and aesthetic design in capital projects before the scope, quality, schedule, and budget are fixed. (b) Site Specific Work. Artists may be selected to design artwork for a specific location. (c) Individual Works of Art. Artists may be commissioned to create a work of art or existing works of art may be acquired. SECTION 3. 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 4. Effective Date. This ordinance shall take effect and be in force ten (10)days from and after its passage, approval and publication as provided by law. PASSED by the City Council the day of 92015 GREG WHEELER, Council President Approved this day of , 2015 PATTY LENT, Mayor ATTEST: APPROVED AS TO FORM: SHANNON CORIN, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the day of , 2015 EFFECTIVE the day of , 2015 ORDINANCE NO. R:\Legal\Legal\Ordinances\Parks\BMC 2.32 Arts Commission) -201 5.doc 3 Bremerton Arts Commission AGENDA BILL 4co CITY OF BREMERTON CITY COUNCIL SUBJECT: Amendments to the Kitsap Study Session Date: • February 25, 2015 Regional Coordinating Council (KRCC) COUNCIL MEETING Date: March 4, 2015 Interlocal Agreement Department: N/A Presenter: Mary McClure Phone: (360) 377-4900 SUMMARY: The proposed amendments to the KRCC Interlocal Agreement clarifies the structure of KRCC, allows for the appointment of Administrating Agency (Administrator) to administer the operations of KRCC, and makes other changes to the agreement. ATTACHMENTS: 1) Memorandum 2) KRCC Interlocal Agreement FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: ❑ No Presentation 0 Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda 0 General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the Interlocal Agreement with Kitsap Regional Coordinating Council with the proposed amendments and authorize the Mayor to execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/07/15 S 4W+eo-h• M 31q115- Move /gl1sMove to reject the interlocal agreement with Kitsap Regional Coordinating Council (KRCC) with the proposed amendments as presented and request that this agreement be reconsidered by the KRCC Board for additional amendments to Subsections III. (E) and III. (I) of the agreement relating to the voting structure of the Board. Office of the City Attorney Roger A. Lubovich, City Attorney Des memorandum To: KRCC Executive Board From: Roger A. Lubovich Re: 2015 Amendments to the KRCC Interlocal Agreement(ILA) Date: February 3, 2015 The proposed amendments to the KRCC ILA clarifies the structure of KRCC, allows for the appointment of Administrating Agency (Administrator)to administer the operations of KRCC, and makes other changes to the agreement as follows: • Clarifies that KRCC ("Council") is not a separate legal entity (i.e. non-profit organization or LLC) but a joint board established pursuant to Chapter 39.34 RCW, the Interlocal Cooperation Act. • Amends the definition of the Council to include Associate Members and Ex- Officio Members as well as the Member Agencies. • Adds language that the Executive Board manages the policies and programs of the Council and that all actions of the Council are performed by and through the Executive Board. • Authorizes the Executive Board to appoint one or more Member Agencies to be the Administrating Agency to perform the administrative functions of the Council (i.e. employ staff, serve as fiscal agent, retain records, make purchases and enter into contracts for administrative services). The appointment would be pursuant to an agreement that would cover costs and other terms and conditions of operations. • Provides that the Executive Director is appointed by and serves at the pleasure of the Executive Board. The Administrating Agency employs or contracts the Executive Director as requested by and on behalf of the Council. • Clarifies language relating to the definition of majority vote of the Executive Board that a quorum of the board must be present and voting. This is based on language contained in Section 9.6.6 of the KRCC Bylaws that a quorum must participate for any vote. • Makes the same changes to the definition of the two-thirds vote of the Executive Board and further clarifies that a two-thirds vote is not a majority vote, as currently stated, but a vote of two-thirds or more votes cast by the board. • Removes and amends language relating to insurance, claims, and other provisions that apply to separate legal entities, not a joint board, and makes other related changes. %LIES Kitsap Regional Coordinating Council ~y �� I{ITSAP REGIONAL COORDINATING COUNCIL 0306 INTERLOCAL AGREEMENT THIS AGREEMENT is made and entered into by and between the undersigned parties pursuant to provisions of the Interlocal Cooperation Act of 1967, Chapter 39.34 RCW. WHEREAS, the undersigned members recognize the need and desirability to participate in a forum for intergovernmental coordination, cooperation, and consultation among member agencies in order to bring about a continuous and comprehensive regional planning process and efficient service delivery; and WHEREAS, the undersigned members desire jointly to undertake continuous, cooperative study and planning of regional and governmental issues of mutual interest, including but not limited to development, land use, housing, capital facilities, service,utilities, finances, public buildings, water supply, water distribution and drainage, air and water pollution,parks and recreation, transportation planning, and economic development; and WHEREAS, it is the belief of the undersigned members that regional deliberations, planning, and review can best be achieved with the creation of a joint board pursuant to Chapter 39.34 RCW cepamt&4ega �whose function and activities are subject to policy direction from the undersigned member agencies according to the provisions of this Agreement; and WHEREAS, the State Growth Management Act(GMA) requires local jurisdictions to coordinate and ensure consistency when developing comprehensive land use plans and the undersigned members desire to establish the Kitsap Regional Coordinating Council as a sepafate legal eativy board to facilitate coordination and consistency of comprehensive land use plans as required by the GMA; and WHEREAS, the undersigned members desire to use the Kitsap Regional Coordinating Council for developing County-wide Planning Policies (CPPB)under the GMA as a framework to guide Kitsap County and cities situated within the County in developing their comprehensive land use plans. THEREFORE, in consideration of mutual promises and covenants herein it is hereby agreed: I. NAME This Agreement establishes the KITSAP REGIONAL COORDINATING COUNCIL ("Council"), a separate legal entit Joint boardsinee 2001. 1 KRCC Interlocal Agreement-2015 II. DURATION The Agreement shall remain in force and effect perpetually or until terminated by majority vote of the member agencies. III. DEFINITIONS For the purpose of this Interlocal Agreement, the following terms have the meaning prescribed to them in this section unless the context of their use dictates otherwise: A. "Member agency"means a voting and dues paying municipal or other government entity located within Kitsap County which is a party to this Agreement. B. "State" means the State of Washington. C. "Region"means the territory physically lying within the boundaries of Kitsap County. D. "Kitsap Regional Coordinating Council"or"Council"means the separate legal entity joint board established by this Agreement pursuant to RCW 39.34.030 to represent mer agensiesMember Agencies, Associate Members and Ex Officio Members to carry out those powers and managerial and administrative responsibilities delegated pursuant to the provisions of this Agreement. E. "Majority vote"means more than one-half of the votes cast by the Executive Boardwhen a quenam is present and most inelude a majority efvetes from Cetln�,, eemmissioners and a majority of votes from the 'es of at least two separate eities. and must include: 1. At a minimum, a quorum of the Executive Board present and voting_ 2. Votes from two or more County Commissioners, and 3. A majority of votes from the representatives of at least two separate cities. F. "Executive Board' shall mean the representatives of member agencies of the Kitsap Regional Coordinating Council identified in Article N.B. of this Agreement who shall manage, oversee and implement the policies and programs of the Council. G. "Cost Allocation"means annual dues (the annual allocation among Member agencies of the cost of Council operations determined by the Executive Board for the purposes of calculating members' obligations to contribute to the funding of Council operations for the year, and for the purposes of calculating obligations and distributions in the event of withdrawal or termination). H. "Ex Officio Member"means a non-voting, non-dues paying member of the Council. 2 KRCC Interlocal Agreement-2015 1. "Two-thirds majority vote"means two-thirds or more of the votes cast by the Executive Board and also req ity of votes from County and a majority of votes fi:em the representatives frem at least two separate etties. and must include: 1. At a minimum, a quorum of the Executive Board present and voting; 2. Votes from two or more County Commissioners, and 3. A majority of votes from the representatives of at least two separate cities. J. "Associate Member"means a non-voting member of the Council which is not a party to this Agreement and who enters into a separate agreement with the Council that establishes the Associate Member's level of participation in Council activities. K. "Executive Director" is the person appointed by the Executive Board to accomplish and manage the work plan developed by the Executive Board and to manage the operations,programs and perform other duties of the Council as directed or authorized by the Executive Board and this Agreement. L. "AdministratingAoencv" is one or more Member Agencies designated ted by the Council to perform administrative duties on behalf of the Council identified in Article V.J. of this Agreement. The Administrating Agency does not have the authority to make policy decisions on behalf of the Council. IV. MEMBERSHIP AND REPRESENTATION A. Membership. Membership (except for Associate Members and Ex Officio Members) is established by execution of this Agreement and payment of any required cost allocation as established by the Executive Board. B. Executive Board. The Executive Board is comprised of the following representatives of member agencies: 1. County Government: three (3)members of the Kitsap County Board of Commissioners; 2. City Governments: a. The Mayor of each city having a population of 10,000 persons or less; b. The Mayor and one (1) member of the City Council of each city having a population between 10,001 persons and 30,000 persons; C. The Mayor and two (2) members of the City Council of each city having a population greater than 30,000 persons; 3 KRCC Interlocal Agreement-2015 d. A city with a Council/Manager form of government may select one (1)member of the City Council instead of a Mayor. The number of additional City Council members representing the city shall be as described in 2(a-c) above. 3. Port of Bremerton: one (1)representative consisting of a Port Commissioner; 4. City Council and Port of Bremerton rcprescntatives may be selected by whatever means established by each specific member agency for a two (2) year term. C. The determination of the population of cities will be the most recent annual population estimate of cities and towns prepared by the Washington State Office of Financial Management. D. Member or Ex Officio Member. A municipal or government entity or a federally recognized Indian Tribe that desires to become a member of the Council must obtain permission to do so by majority vote of the Executive Board. The required permission applies to any entity that wishes to become a Member or Ex Officio Member. E. Associate Member. A municipal or government entity or a federally recognized Indian tribe that wishes to become an Associate Member must obtain permission to do so by a majority vote of the Executive Board, and must present a draft agreement for the Executive Board's consideration, establishing the proposed terms, duties,powers and privileges for Associate Member status. V. POWER,AUTHORITY,AND PURPOSE This Agreement does not confer additional substantive powers or authorities on member agencies. The powers and authorities conferred herein are limited to the powers that each member agency is authorized by law to perform. All actions of the Council shall be performed by and through the Executive Board. The Council has the following power, authority, and purpose: A. Provide a regional forum for regional deliberations and cooperative decision- making by the region's elected officials in order to bring about a continuous and comprehensive planning process, and foster cooperation and mediate differences among governments throughout the region. B. Consistent with the GMA, coordinate and ensure consistency when developing comprehensive land use plans. C. Consistent with the GMA, develop CPPB to be used as a framework to guide the County and the Cities in developing their comprehensive land use plans; 4 KRCC Interlocal Agreement-2015 D. Coordinate actions to provide for the distribution of state and federal grant funds, including but not limited to federal transportation funding, ee unity development Week- E. Undertake continuous, cooperative study and planning of regional and governmental problems of mutual interest, including but not limited to development, land use, housing, capital facilities, services, utilities, finances, public buildings,water supply,water distribution and drainage, air and water pollution,parks and recreation and transportation planning. F. Coordinate actions to provide for a sustainable economy and environment for the region. G. Carry out such other planning and coordinating activities authorized by majority vote of the Council including participation in other forums and organizations. H. Establish Bylaws, to be amended from time to time, that govern the procedures of the Council. The Bylaws, as may be amended, are incorporated into this Agreement by this reference as if fully set forth herein. 1. Appoint an Executive Director who shall serve at the direction and pleasure of the Executive Board. The Executive Director may, through the designated Administrating Agency, hire or appoint necessary staff, contract for services, and may perform other duties as authorized, consistent with the Council's annual budget. J. Designate one or more Member Agencies to be the Administrating Agency, with acceptance of that Member Agency on terms and conditions agreed to by that Member Agency and the Council,whose duties may include, but not be limited to: 1. Employ or contract for the Executive Director appointed by the Council; 2. Employ personnel or contract for services as needed to organize, administer, and manage the operations of the Council on a day-to-day basis, and establish salaries in consultation with the Executive Board; 3. Serve as Fiscal Agent and receive grants and gifts as authorized by the Council; 4. Contract for goods and services on behalf of the Council; 5. Serve as Treasurer and manage the Council's budget; 6. Serve as custodian of the records of the Council; and/or 7. Perform other activities as may be delegated by the Council. K. Member Agencies may contract with other Member Agencies as deemed appropriate and/or necessary to implement this Agreement. 5 KRCC Interlocal Agreement-2015 deemed a.. d/er-neeessafy to implement this Agr-eement. j. Pur-ehase, r-eeeive, lease, take by gift, eF other-wise aequir-e, own, held, impr-eve, use and other-wise deal in and with real E)r-personal pr-epei4y, it theWifl, in the name of the Couneil. K. Sell e9avey, meFtgage, pledge, lease, exchange, t,-ansf and ether- ,ise dispose of its pr-epefty and assets, ML. T-e-eEngage in any other activity necessary to further the Council goals and purposes to the extent authorized by chapter 39.34 RCW. AIM. Apply for such federal, state, or private funding of any nature as may become available to assist the organization in carrying out its purposes and functions. ON. Identify and examine issues such as governance, growth policies, development standards, service provision, revenue-cost sharing and municipal annexations in urban growth areas. gO. Strive to represent the consensus of views on growth management and planning issues among member agencies. The Council makes recommendations on behalf of riTto multi-county regional agencies and State government on behalf of member agencies;on proposed changes to multi-county regional plans, state plans and laws. QP. Represent the views or position of member agencies within the County on issues of consistency or the resolution of conflicts related to the multi-county regional growth strategy and transportation plan. R-Q. Make appeintmentsAppoint Member Agencies or their designated individuals or other members as applicable to committees and boards of multi-county regional organizations (e.g. Puget Sound Regional Council, Peninsula Regional Transportation Planning Organization) where appointments are requested to represent more than one member agency of the Council. Members appointed to such committees and boards shall represent the consensus of the views of the Council. If consensus is not reached on a particular issue, the members appointed to such committees and boards shall represent the majority and minority views of the Council, in order to accurately portray the status of discussions on that issue_ S.R. Review this Interlocal Agreement no fewer than every 10 years with the assistance of legal counsel. S. The Council is not a separate legal entity. The Council shall not have the capacity to sue or be sued, or to issue or incur debt. 6 KRCC Interlocal Agreement-2015 VI. FINANCING A. Cost Allocation. All members shall pay the annual cost allocation as described in the Bylaws. If payment by a member is not paid timely after notice of the cost allocation is received, the member is subject to having its membership status revoked by majority vote of the Executive Board. B. Local Government Accounting. All sen,iees andtransfers of pr-e.eAy to the, Kits p Regienal Ceefdinatint activities of the Council shall be paid and accounted for in accordance with RCW 43.09.210. VII. FISCAL YEAR AND BUDGET A. The Fiscal Year. The fiscal year shall coincide with the calendar year. B. Adoption of Budget. By September of each year the Executive Board shall adopt a draft annual work program, budget, and cost allocation for the ensuing fiscal year that identifies anticipated activities, goals, revenues, and expenditures for completing the work program. The final work program, budget, and cost allocation for the ensuing year shall be adopted by the Executive Board no later than November of each year. No increase or decrease to the final budget shall occur without the approval of the Executive Board. C. Notice of Budget. On or before September 30, the Executive Board shall provide written notice of the ensuing year's draft budget, work plan, and cost allocation to the designated representative(s) of each member agency. On or before November 30, the Executive Board shall provide written notice of the final budget, work plan, and cost allocation adopted for the ensuing fiscal year to the designated representative(s)of each member agency. D. Accounting Budgeting, and Reporting. The Council shall be subject to the Budgeting Accounting & Reporting System(BARS) applicable to Category 1 local governments. +rir he Co retain a fiscal � The agentmay be E. l�rssa-1�4�= 'ir �e-€�s� member ageney who shall serve and be subjeet to r-emeval, pursuant to the tei:Ffls and eenditie"s as established by agreement between the fiseal agent and the Couneil. Funds. The Council shall designate a treasurer who shall be the treasurer of a Member Agency. The designated treasurer will establish a fund known as the Operating Fund of the Kitsap Regional Coordinating Council Joint Board and moneys received and collected and expenditures made on behalf of the Council shall be deposited and paid from this fund. F. Contracting. All contracts made by or on behalf of the Council shall be in accordance with state law, including, but not limited to: Chapter 39.04 RCW, and Chapter 42.23 RCW, and Chapter 42.24 RCW. VIII. WITHDRAWAL FROM AGREEMENT Any member agency has the right to withdraw from this Interlocal Agreement by giving the Executive Board six (6)months prior written notice. Unless otherwise provided by future agreement, any member agency that withdraws shall remain responsible for its financial and 7 KRCC Interlocal Agreement-2015 other obligations with regard to Council activities until the effective date of withdrawal and with regard to agreements to which the Council is a party and which exist at the time of such notice of withdrawal. Withdrawal by one member agency to this Interlocal Agreement shall not terminate the Agreement as to any other remaining member agencies. Except as provided in Article IX of this Agreement, any member agency that withdraws from this Agreement forfeits any rights it may have to the Council's assets; provided, however, such forfeiture shall not take effect if the Council dissolves within one (1) year of the date of the withdrawal notice. IX. DISPOSAL OF ASSETS Upon dissolution of the Council, any Council assetsfunds, after payment of all liabilities, costs, expenses, and charges validly incurred under this Agreement, shall be distributed to member agencies which are members of the Council on the date of dissolution. Distribution of assets funds shall be in proportion to the funding formula for cost allocation as described in the Bylaws, in accordance with Article VI.B. of the Agreement, and existing at the time of dissolution. The debts, liabilities, and ebligatien« of the!`.,uneil shall not^ nst:t.,te a .leht liability, er-ebligatien of any fnember-ageney. if assets eannet reasonably be distributed in i to the fianding fiBrFnula, the Couneil shall deelar-e the assets to be stir-plus, and shall the. assets fer-sale aeeerding te the requirements ef ehapter- 43.19 RCW, and shall distr-ibiite the« eeds from the sale : prepei4ie„ to the funding f.,.•m,,la established by the E ee tiye Board in aeeer-danee with A Ftiele VI.B. of this A gFeeme„t X. HOLD HARMLESS A Any less or-liability to third parties ,.lting fnegligent t _ e rom „e ae �� e S, „ ,f the Gee a:l Member a s (e,..lading A sse^;ate Members) E Off;eio Members, ",,,1 e-employees while a..fing within the seepe of their authority under this at its Agr-eement shall be beme by the Council exelusively, and the Ceuneil shall defend sueh pai4ies, > • B. The E*eeutive Board shall obtain eemmervial general liability, and auto liability at > and any staff empleyed by the Couneil, levels ne less than $1 millien single eeeurrenee and $2 million aggregate for eaeh type-ef liability that is insur-ed. The policy shall name eaeh member-ageney, and their-r-espeefive eleeted > agents, annually evaluate the a.le„uaey of the Counei 's : C. The Exor-.14tivo, Board shall require that all esentr-aetors and subeentr-ar-ters 11tilized by the Coul-,..;1 ,.hta:,., insuraneeeev ;Ment with A.•tiele X.B. Each Member to this Agreement shall defend, indemnify, and save all other Members harmless from any and all claims arising out of or in connection with their actions, inactions or their performance under this agreement. XI. LEGAL REPRESENTATION The Council may retain appoint legal counsel. Legal counsel may he a., employee of a member ageney, an eutside entity, or-an individual. h9 the event of a eenfliet of interest4, he Council may Fetain substitate or-additional legal eetinsel. Additionally, the counrail 8 KRCC Interlocal Agreement-2015 outside legal eeensel e . — Y maaer-the Couneil deems appropriate. Retained eounsel agreement bet�vveen legal eeunsel and the Geuneil. An adjustment in eest alleeatien to Members- XII. ENTIRE AGREEMENT This Agreement supersedes all previous Kitsap Regional Coordinating Council interlocal agreements and all prior discussions, representations, contracts, and/or agreements between the parties relating to the subject matter of this Agreement and constitutes the entire contract between the parties. XIII. MODIFICATION Except as provided by Article XVIII, the terms of this Agreement shall not be altered or modified unless agreed to in writing by all member agencies and such writing shall be executed with the same formalities as are required for the execution of this document. XIV. WAIVER The failure of any party to insist upon strict performance of any of the terms and conditions of this Agreement shall not be construed to be a waiver or relinquishment of same, but the same shall be and remain in full force and effect. XV. NOTICE Emeept as pr-evided in A rtiele XV111 of this A gfeement yAny notice required by this Agreement shall be made in writing to the representative(s) identified in Article W.B. of this Agreement with a copy of such notice provided to the Executive Director. Notice is effective on the third day following deposit with the U.S. Postal Service, regular mail. XVI. SEVERABILITY If any of the provisions of this Agreement are held illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect. XVII. CHOICE OF LAW AND VENUE This Agreement shall be governed by the laws of the State of Washington, both as to its interpretation and performance. Any action at law, suit in equity, or other judicial proceeding arising in connection with this Agreement may be instituted and maintained only in a court of competent jurisdiction in Kitsap County, Washington. XV111.CLAIMS A Ansi eloim for damages made under-eshapter it 96 R!-W shall be file.i with the Cefflffl-issienelTg14 Division Street, P49-4;TeFt OFeh rd Washington, 9.9-36-6. 9 KRCC Interlocal Agreement-2015 B i Tpen feeeipt of a elai,4. f«damages, or-a ether-elaim a eepy of the elai...,. will be p ide.7 by the Clerk of the Boa f,1 t„ oaeh member of the 1~'.eeutiye Bear-d. XVIII.XIX-. EXECUTION AND FILING A. Counterparts. The parties agree that there shall be multiple original signature pages of this Agreement distributed for signature by the necessary officials of the parties. Upon execution, the executed original signature pages of this Agreement shall be returned to the Clerk of the Kitsap County Board of Commissioners, who shall file an executed original of this Agreement with the Kitsap County Auditor. The Clerk of the Board shall distribute duplicate conformed copies of the Agreement to each of the parties. Parties that sign on as Members at a later date will provide original signature pages of this Agreement to the Clerk of the Kitsap County Board of Commissioners, who shall file the signature pages provided with the Kitsap County Auditor. The Clerk of the Board shall distribute duplicate conformed copies of the signature pages filed later, to each of the parties. Addition of parties at a later date will not constitute a modification under Section XIII of this Agreement. B. Later Approval and Filing. Later approval and filing of this Agreement by additional parties as set forth in Article IV, Section D, shall be deemed an authorized amendment to the Agreement already on file with the Kitsap County Auditor,without the need for reconsideration and approval by parties that have already approved and executed the Agreement. XIX. EFFECTIVE DATE This Agreement shall go into effect among and between the parties upon its execution by all of the parties, as evidenced by the signatures and dates affixed below and upon its filing with the County Auditor as provided in Article XVIII.X4X-. IN WITNESS WHEREOF, this Agreement has been executed by each party on the date set forth below: Signatures on the following page. 10 KRCC Interlocal Agreement-2015 Date: CITY OF BAINBRIDGE ISLAND Doug Schulze, City Manager Date: CITY OF BREMERTON Patty Lent, Mayor Date: CITY OF PORT ORCHARD Tim Matthes, Mayor Date: CITY OF POULSBO Becky Erickson, Mayor Date: PORT OF BREMERTON Roger Zabinski, President Date: KITSAP COUNTY BOARD OF COMMISSIONERS Robert Gelder, Chair ATTEST: Charlotte Garrido, Commissioner Dana Daniels, Clerk of the Board Ed Wolfe, Commissioner of Commissioners APPROVED AS TO FORM: Bainbridge Island City Attorney Port Orchard City Attorney Bremerton City Attorney Poulsbo City Attorney Deputy Prosecuting Attorney for Kitsap County Port of Bremerton Attorney 11 KRCC Interlocal Agreement-2015