Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
12/21/2016 AGENDA
FILE CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337 Phone (360) 473-5280 DECEMBER 21, 2016 CITY COUNCIL MEETING AGENDA 1. BRIEFING: 5:00 — 5:30 P.M. in COUNCIL CONFERENCE ROOM 603 A. General Council Business 2. CALL TO ORDER: 5:30 P.M. in FIRST FLOOR CHAMBERS A. Pledge of Allegiance B. Invocation 3. MAYOR'S REPORT 4. PUBLIC RECOGNITION 5. CONSENT AGENDA A. Claims & Check Register B. Minutes of Meeting — December 7, 2016 C. Minutes of Study Session — December 14, 2016 D. Confirm Reappointment of Jordy Andrew as the City of Bremerton Representative on the Capital Grant Review Committee for the Kitsap Coordinated Grant Application Process E. Confirm Reappointment of Rick Tift to the Bremerton Planning Commission F. Confirm Appointment of Daniel Conley to the Bremerton Planning Commission G. Ordinance No. 5311 to amend Chapter 2.18 of the Bremerton Municipal Code entitled "Audit Committee and City Auditor" H. Kitsap 911 Service Agreement for enhanced Emergency 911 Communications Services I. Amendment to the Kitsap County/City of Bremerton Agreement for Incarceration of Prisoners J. Resolution No. 3282 to authorize Year-End Interfund Loans from Fund 102 ("Streets") to Fund 315 ("Transportation Capital"); Fund 317 ("Lebo Boulevard Construction"); and Fund 334 ("Washington Avenue Connector") K. Ordinance No. 5316 to amend Ordinance No. 5292 establishing the FY-2016 City of Bremerton Budget, as amended by Ordinance No. 5303 6. PUBLIC HEARING A. Final Public Hearing on Lease Agreement for Claremont East Retirement Apartments, Inc. 7. GENERAL BUSINESS A. Purchase of two (2) Fire Engines and one (1) Ladder Truck from Rosenbauer, LLC B. Authorize the addition of a Civil Engineer II to the Department of Public Works & Utilities; and amend the FY-2017 City of Bremerton Budget 8. COUNCIL MEMBER REPORTS 9. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING ® Americans with Disabilities Act(ADA) accommodations provided upon request. Those requiring special accommodations please contact the City Clerk at(360) 473-5323 at least 24 hours prior to the Meeting. 12/21/2016 Susanna's Antiques ®F,,,.:_ u .a .17.,716411 310 N Callow Ave ‘N.34cw • �I I SHERIDAN PARK, Ill 1 .I: COMMUNITY CENTER GUM-gL , EDI • DECEMBER ' c)4c) hrI FOR FLOOR REFINIS UM Y .Y C_EM MI :,-' I t " ' MONDAYS DD Z8, o2 rf�:$!s — tt� J//// BUILDING 0 MIS howfaelpROMISIvailinlYhmlle Nightshade 2003 E 11th Street Goo Fill ... _ Because jobs - change lives p41,t;; ,,. I ' 't. Bremerton Training Center 4209 Wheaton Way . j ' ,,, y 360-373-3692 rc . . ...itimi\t‘ N I eDlTsniulr. Longest Night Vigil for the Homeless 4Treecycle tree y Kitsap Interfaith Network December 21st, 5:30pm in the Courtyard HOLIDAY TREECYCLE First Christian Church,811 Veneta Avenue,Bremerton December 26 —January 20 • • City of Bremerton Public Works r ~ 100 Oyster Bay Ave N(West Bremerton) • Daily,7:30 AM-4 PM t City of Bremerton Water Utility Building • • L - 3027 Olympus Drive(East Bremerton) Ji 1 111 Daily,7:30 AM-4 PM `Remove all nails,wire,tinsel,lights and ornaments. Flocked trees cannot be accepted.No wreaths or garland. 1 12/21/2016 2017 Point-In-Time Count Volunteers Needed in YOUR Community enterr e4ristmas Wednesday,January 25,2017,8 AM—2 PM or - r'°' MAYOR'S OFFICE Thursday,January 26,2017,8 AM—2 PM Sign up at www.surveymonkey.com/r/PIT volunteer M1.Li"" 0JLX_ I 1 i i 1 ---- oe or KrtwpCoo nuun Human sevums of Care Coalition JANIECE& MELVIN CHIPMAN 3210 ROBIN AVENUE 7T"ANNUAL — 2016 Z4n11° yEe ra . .. , .�' NEIGHBORHOOD n 1, ilird � .:: IMPROVEMENT AWARDS , f.T1u ,i. [ , 111 KAREN &ALAN DELANEY LUCINA&DAVID DUNBAR 1246 8TH STREET 1518 9TH STREET r4044,.-,.. .• 7 1114,: .=LILA _. _- ; 11 •v�. 11 :I'.-'`...';:.: r s:.,. ,. I__A--1 . •12 I&i ifi ' ill v-71t' . sem. ,' ....�� • — ...�. --- -----rte ar.. .••••••=::..,..—..w '. i9.1' „ 2 12/21/2016 ARLENE& RICHARD FALLEY THELMA KUEHN 1523 E 33RD STREET 3310 HALVERSON AVENUE I 00-V• " ...'" ,wriall . 1161111tiiviiiirt-'--- '' - DALE MAUPIN DARLA& MICHAEL SHANNON 1531 71'STREET 1518 VUE COURT • • E P=r 4 i.. , „ t 3 . . .. ', if I . .. . . . ._. _ _ t 704 . 64;\ i 1 ..,,,. ....... k, ...,,,,, ,1, . , _..........,___ ""--"••••-,---,,... A ''.' -' * . , , , 44 4 . w _ 1 1111111.11:mmeal illii) , , ..„, • .....andom 1 I. A • , . A I .., . ._.m.....mui , i 40: • I . . •, ( P NEW 1 i ' 111 4 1.7.-' ,' •, . v k ... i 9 • , I ll ,i 41, ,, 0,, ,. - - . .„ .41 1 4111111"11#1.:' • „, '.' *. : 4111.IIIIIIIIIIIININWS:r, 4 - 4, ..r.- , • _. ._... ' .:' .' i:''''''''''''''''.. 44 ,4,- ____:_ .: V , ,_ , ,,, ,I I _, A .• -ft ___._.._._._.„„,.._.....---- .43 , • . , . * . . miri.,, , ,. • it Mi ''. '' • pir -”, *4 ,. V ... .......ie-, ... 44 1 . ! -- lk.7 • 1 ,. • a „ ..... ......_ . 1.41 0 N tlN N � • � •h� , . j .-i , _ s.: I I i ► j , C I.. . .- , 1 r- 1i! � ,! �, •P. :101'.' .. MMRR r. t !4 ?I 4 __ i4.fir 'fes A'= tf ,,,r3,-4,7, '� �•A 1a+.. 4 % i v + �...a 4510. Z 1 a 4Y a Ilk Silir o` mss. }t a1. / l'\ .,••:.:r. V. . S {; ,. 'l , - ,T Ail 6Y '!'4 y< -:,-;--,.,....e.„4,,.:,5::.:..104.:.,� � �f!'��, "fig°'_ ._......___ , :. VD N r-I 0 N -...,,,. %—I N -...... N .%—I MIME air- onnan i i P ..„. I, /cL.\,L;: • ...... ._ • eN 0", • - ;telre.. '. • - lit *k '•.--4W ,,,i.' 414b ' i — ..., . ..,.. •., ••Aba• .., '''.4:;- •• „,,,,_ _.:, as • ' at,..„-- - ---.11 -' ,-•:-_ 1•••!,* ' 0.1004W"" -"'• . A*, .0,, 4 • ,, )„. .. ,, tofr,' ., r. ii .. , Fi.IMINI 1...- f t re.' or 'iel' . 1 WV - 6 I r ,„..._ t I , lit , • I . .W I 'CR •-.... .1 • _... r r k • .. • • ' - 1 8..... % r 6.4......1--- - ------,c -- - -- - " . 54_. Vfl .L. , .. IL:fa__ . , .,. t • BREMERTON CITY COUNCIL MEETING SPEAKERS LIST PLEASE PRINT YOUR NAME BELOW IF YOU PLAN TO COMMENT SO YOUR NAME CAN BE INCLUDED IN THE RECORD L'//WV a/1// LS- .07(/ v5,,f -ssne y L--V7 v eattc, g,i ) Côiliis ohk. ,(0 ) REQUESTS FOR INFORMATION MUST BE SUBMITTED IN WRITING TO THE CLERK THANK YOU AGENDA BILL �� CITY OF BREMERTON CITY COUNCIL SUBJECT: Claims & Check Register Study Session Date: N/A COUNCIL MEETING Date: December 21, 2016 Department: Financial Services Presenter: Shannon Corin Phone: 473-5323 SUMMARY: Approval of the following checks and electronic fund transfers: 1) Check#'s 371325 through 371522 and EFT's 16780 through 16832 in the amount of $1,816,008.47. 2) Regular Payroll for the pay period ending October 15, 2016 in the amount of $80,508.05. ATTACHMENTS: FISCAL IMPACTS (Include Budgeted Amount): STUDY SESSION AGENDA: ❑x No Presentation ❑ Full Presentation STUDY SESSION ACTION: I 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 5B CITY OF BREMERTON CITY COUNCIL SUBJECT: Minutes of Council Meeting Study Session Date: N/A — December 7, 2016 COUNCIL MEETING Date: December 21, 2016 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: Attached is the summary of the City Council Study Session on December 14, 2016. ATTACHMENTS: Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount): N/A STUDY SESSION AGENDA: o No Presentation ❑Full Presentation STUDY SESSION ACTION: o Consent Agenda ❑General Business El Public Hearing RECOMMENDED MOTION: Move to approve the Consent Agenda as presented. COUNCIL ACTION: I I Approve Deny I I Table Continue ❑ No Action Form Updated 12/15/15 DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wednesday, December 7, 2016 The weekly meeting of the City Council of the City of Bremerton was called to order Wednesday, December 7, 2016, at 5:00 PM in Council Conference Room 603 of the NORM DICKS GOVERNMENT CENTER, 345 6th Street, Bremerton, Washington, with Council President Eric Younger presiding. Council Members present were Richard Huddy, Dino Davis, Greg Wheeler, Jerry McDonald, Leslie Daugs, and Pat Sullivan. 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 5:00 PM in the Council Conference Room. At 5:30 PM the meeting moved to the Meeting Chambers. The Pledge of Allegiance was led by Council Member Pat Sullivan followed by the invocation provided by Pastor Rob Steinbach of Seaside Church. Mayor Lent brought forward Bill Webb to present a check in the amount of$32,212.00, raised to aid the Navy-Marine Corps Relief Society. POLICE OATH OF OFFICE CEREMONY Police Chief Steven Strachan brought forward Municipal Court Judge James Doctor to administer the Oath of Office to promote Police Officer Jason Vertefeuille to Corporal; and also to swear in new Police Officer Alexander George. Police Chief Steven Strachan explained that a Citizen Recognition Award was planned to recognize the quick actions of a bystander who helped a police officer when he was being assaulted, but because the citizen preferred the focus and attention to stay on the Police Officers, and not on himself, he politely declined the public presentation. Chief Strachan established that he has personally thanked the citizen for his bravery in assisting the officer. MAYOR'S REPORT— Mayor Lent briefed the Council on the following... • The event to "Remember Pearl Harbor" was held today on its 75th Anniversary; • A moment of silence was held to honor the memory of Rebekah Uhtoff(Accessible Playgrounds), Major Marcia Baker(Salvation Army), and Kim Russell (Passenger Only Ferry Initiative); • Brought forward Parks & Recreation Director Jeff Elevado to accept the 2016 Bremerton Patriot 1st Place Award for the "Best Playground for Kids" in recognition of the Accessible Playground at Evergreen Rotary Park; • There's been another upswing in revenues from fees and permits for the last few months; • Saboteur, a Manette based bakery, was receiving recognition from around the region; • The City now has 3 Christmas trees due to the new addition of the tree by Fire Station No. 2; • The Navy's 125-year Anniversary is this year, and added that the City of Bremerton is celebrating 115-years; and • Proclaimed December 17, 2016 as "Wreaths Across America"Day. POLICE DEPARTMENT BRIEFING Police Chief Steven Strachan used a Power Point presentation to highlight trends, statistics, and police activity for the Months of September through early December; including a recent assault on a Police Officer that could have been a lot worse if it was not for the brave assistance of a nearby citizen; and then focused on the growing number of mentally ill that because of the lack of funding or other assistance, is becoming an increased burden on Police Officers. Comments and thanks were provided by Daugs, Wheeler, and Younger... City Council Reg. Mtg. Minutes Wednesday, December 7, 2016 Page 2of4 KEDA 3rd QUARTER REPORT John Powers, Kitsap Economic Development Alliance (KEDA) Executive Director provided a 3rd Quarter Update. Comments were provided by Huddy and McDonald... Mayor Lent brought forward Milenka Hawkins-Bates and Tom Knuckey from Public Works & Utilities to provide the City of Bremerton Ice and Snow Emergency Routes and Inclement Weather Information that is also available on the City's website at: http://www.bremertonwa.00v/CivicAlerts. PUBLIC RECOGNITION Gayle Gillespie mentioned benefits are available to the family in the event of death while serving your country or while at work, for all members in good standing with the Fraternal Order of Eagles through the "Fraternal Order of Eagles Memorial Foundation". Stanley Hess brought attention to a schedule for 2017 Bremerton's First Friday Art Walk sponsored by the Downtown Bremerton Association; invited artists to exhibit in the empty buildings; and also encouraged support for children's programs and puppetry all year long by joining the "Jester's Monthly Giving Club". Mike Walton, Bremerton & Kitsap County YMCA Marketing Director reported on the events and activities taking place this month at the "Y". Stephani Morgan announced "Zane's Day", a documentary of this past summer's event at Evergreen Rotary Park will be shown on Saturday, December 10 at 4:00 PM at Bremerton SEEfilm Cinema with all proceeds going to Zane and his family. Terry Fessner has observed a growing number of attendees using the lower part of a 6th Street building for Sunday worship by Sembradores de Cristo, and expressed concern for their safety if they are exceeding the allowance of the current property occupancy permit. Roy Runyon announced that next Thursday, December 15, 2016 will mark the 225th Anniversary of the first 10 Amendments known as the Bill of Rights; and proceeded to read each one. CONSENT AGENDA 9A— Claims & Check Register: Check Numbers 371105 through 371324, and EFT-16719 through EFT-16779 in the amount of$5,234,850.32; Regular Payroll for the pay period ending November 15, 2016 in the amount of$776,714.90; Regular Payroll (Pay Out)for the pay period ending November 15, 2016 in the amount of$5,758.33; Regular Payroll for the pay period ending November 30, 2016 in the amount of$759,347.68; and Retiree Payroll for the pay period ending November 30, 2016 in the amount of$76,621.56 9B — Minutes of Meeting — November 16, 2016 There were no questions or comments from the public... 07:03:45 M/S/C/U (Huddy/Davis) Move to approve the CONSENT AGENDA as presented. PUBLIC HEARINGS 10A— PUBLIC HEARING ON ORDINANCE NO. 5315 ADOPTING THE CITY OF BREMERTON FY-2017 BUDGET: Cathy Johnson, Financial Services Director, summarized that the proposed budget was made available to the Council and the Public on October 26, 2016. Budget workshops were held on November 3, 7, and 10, 2016; with the first public hearing on November 16, 2016. The attached ordinance represents the final proposed 2017 Fiscal Budget. If adopted, this ordinance would become effective January 1, 2017. A PowerPoint presentation was used to show highlights. City Council Reg. Mtg. Minutes Wednesday, December 7, 2016 Page 3 of 4 President Younger opened the public hearing... Comments were received by Gene Hart who requested that the Police Department receive more funding to provide Police Officers further training... Roy Runyon expressed concerns about an increase in utility tax, and was opposed to the hiring of an Economic Development Director... Terry Fessner expressed his appreciation to Mayor Lent and Public Works & Utilities for the replies he received in response to a letter he sent to the City listing his concerns about the budget... With no further comments, President Younger closed the Public Hearing... 07:15:50 Motion was made by Davis and seconded by Sullivan... Comments were made by Sullivan, Daugs, Wheeler, Huddy, and Younger... 07:38:55 M/S/C (Davis/Sullivan) Move to approve Ordinance No. 5315 approving and adopting the Budget for the City of Bremerton for the Fiscal Year 2017; and appropriating the amounts set forth in each fund in accordance with RCW 35.33.075. Voted in favor of Motion: McDonald, Davis, Huddy, Sullivan, Younger Voted opposed to Motion: Daugs, Wheeler Motion carried: 5-Yes; 2-No 10B— PUBLIC HEARING ON LEASE AGREEMENT FOR CLAREMONT EAST RETIREMENT APARTMENTS, INC: Jeff Elevado, Parks & Recreation Director, explained that Claremont East Retirement Apartments currently leases 3,700 square feet of paved Parks property and 1,000 square feet of City right-of-way, located north of the Sheridan Park Community Center on the south side of Juniper Street for employee parking. This lease will expire on January 9, 2017 and representatives for Claremont have requested extending the lease for another 10-year term. On October 25, 2016, the Parks & Recreation Commission made a recommendation to City Council to approve extension of the lease. The Public Works Department has agreed to issue a permit to allow use of 1,000 square feet of the Juniper Street right-of-way. In consideration for use of the identified City property, Claremont East will pay the City a monthly fee of$411.93 plus lease-hold excise tax, and provide the required liability insurance policy naming the City as additionally insured. President Younger announced that this is the first of two public hearings and only public testimony will be accepted tonight. No action is anticipated until the conclusion of the second and final public hearing on December 21... President Younger then opened the public hearing... With no public comments received, President Younger closed the Public Hearing... GENERAL BUSINESS 11A—CITY OF BREMERTON APPLICATION FOR U.S. EPA BROWNFIELDS GRANT FOR FY- 2017: Andrea Spencer, Community Development Director, stated that the City will be submitting a grant request to obtain U.S. EPA Brownfields assessment grants and area-wide planning grants in for the 2017 funding year. The funding would be used citywide. The total funding that the City may receive if successful in obtaining these grants could be as high as $500,000. There is no local match for this funding. The City held an informational workshop from 4:00 to 5:00 PM in the Lobby of the Norm Dicks Government Center on Wednesday December 7, immediately prior to the Council Meeting. The public was encouraged to attend the workshop to provide input for the City's grant application; in addition to attending the presentation at the City Council meeting. Ms. Spencer then introduced Bill Webb, Project Manager with Stantec Consulting, Inc. to provide a presentation on the "City of Bremerton Site Reuse & Revitalization Program" and to answer questions. There were no questions or comments from the public... City Council Reg. Mtg. Minutes Wednesday, December 7, 2016 Page 4 of 4 President Younger opened discussion to the Council... Questions were asked by McDonald, Daugs, and Huddy; with responses provided by Mr. Webb... COUNCIL MEMBER REPORTS Leslie Daugs thanked the citizen who assisted the Police Officer when he was being assaulted; and cautioned everyone to check in on their friends, family, and neighbors, including pets during days of especially cold weather. Jerry McDonald arranged to have small ensembles from the Bremerton High School Band play at local businesses during "Magic in Manette" and the downtown "Winterfest" last Friday and Saturday, and enjoyed seeing the tree lightings and the arrival of Santa Claus at both events. He also announced the 2nd Annual "Santa Crawl" on Saturday, December 17 starting at 4:00 PM beginning at Lovecraft Brewing Company and finishing at the Horse & Cow Pub & Grill, as well as next door at Mobster Mike's. Greg Wheeler enjoyed going on vacation to a warm and sunny location; but is concerned about those here who do not have a safe and warm place to stay. Richard Huddy was also thankful for his warm home; expressed his appreciation to the citizen who assisted the Police Officer, wishing him a speedy recovery; was saddened to hear the passing of Rebekah Uhtoff; encouraged attendance at the Wreaths Across America event at Ivy Green Cemetery on Saturday morning, December 17; and lastly, reported on his attendance at the 75th Annual Pearl Harbor Remembrance Day ceremony earlier today at the Naval Undersea Museum at Keyport, and acknowledged the sacrifices of so many people on that day. Eric Younger announced that the Severe Weather Shelter will be open at the Salvation Army at 832 6th Street from 6:00 PM until 7:00 AM the following morning; with check-in up to 9:00 PM. Please contact Kitsap County Emergency Management at 211 for more information. With no further business, President Younger adjourned the Council Meeting at 8:20 PM. Prepared and Submitted by: 397.x.c./ 00 Or LORI SMITH Legislative Assistant APPROVED by the City Council on the 21st day of December, 2016. Eric Younger, Council President ATTEST: Shannon L. Corin, City Clerk AGENDA BILL CITY OF BREMERTON 5C CITY COUNCIL SUBJECT: Minutes of Study Session — Study Session Date: N/A December 14, 2016 COUNCIL MEETING Date: December 21, 2016 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: Attached is the summary of the City Council Study Session on December 14, 2016. ATTACHMENTS: Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount): N/A STUDY SESSION AGENDA: ❑D No Presentation ❑Full Presentation STUDY SESSION ACTION: D Consent Agenda ❑General Business ❑Public Hearing RECOMMENDED MOTION: Move to approve the Consent Agenda as presented. COUNCIL ACTION: Approve Deny I I Table H Continue No Action Form Updated 12/15/15 DIGITAL RECORDING CITY COUNCIL STUDY SESSION MINUTES Wednesday, December 14, 2016 A Study Session of the City Council of the City of Bremerton was called to order in the Council Conference Room of the NORM DICKS GOVERNMENT CENTER, 345 6th Street, Bremerton, Washington, Wednesday, December 14, 2016, at 5:00 PM, with Council President Eric Younger presiding. Council Members present were Richard Huddy, Dino Davis, Greg Wheeler, Jerry McDonald, Leslie Daugs, and Pat Sullivan. Lori Smith, Legislative Assistant, was present to provide staff support. President Younger 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 December 21, 2016 Council Meeting Agenda or as indicated... A. INFORMATION BRIEFING 1. Legislative Session Update on 2017 City Priorities — Bryan McConaughy, BMc Consulting; and Peter King, CEO, Association of WA Cities B. NO PRESENTATION PLANNED — The following items are budgeted items or subjects that have been raised with the appropriate Council Committee Members... 1. Confirm Reappointment of Jordy Andrew as the City of Bremerton Representative on the Capital Grant Review Committee for the Kitsap Coordinated Grant Application Process Consent Agenda 2. Confirm Reappointment of Rick Tift to the Bremerton Planning Commission Consent Agenda 3. Confirm Appointment of Daniel Conley to the Bremerton Planning Commission Consent Agenda 4. Final Public Hearing on Lease Agreement for Claremont East Retirement Apartments, Inc. Public Hearing 5. Purchase of two (2) Fire Engines and one (1) Ladder Truck from Rosenbauer, LLC General Business 6. Ordinance to amend Chapter 2.18 of the Bremerton Municipal Code entitled "Audit Committee and City Auditor" Consent Agenda 7. Kitsap 911 Service Agreement for enhanced Emergency 911 Communications Services Consent Agenda 8. Amendment to the Kitsap County/City of Bremerton Agreement for Incarceration of Prisoners Consent Agenda 9. Resolution to authorize Year-End Interfund Loans from Fund 102 ("Streets")to Fund 315 ("Transportation Capital"); Fund 317 ("Lebo Boulevard Construction"); and Fund 334 ("Washington Avenue Connector") Consent Agenda C. BRIEFINGS & FULL PRESENTATIONS 1. Ordinance to amend Ordinance No. 5292 establishing the FY-2016 City of Bremerton Budget, as amended by Ordinance No. 5303 Consent Agenda 2. Authorize the addition of a Civil Engineer II to the Department of Public Works & Utilities; and amend the FY-2017 City of Bremerton Budget General Business City Council Study Session Minutes Wednesday, December 14, 2016 Page 2 of 2 D. GENERAL COUNCIL BUSINESS o Washington State Ferry Chimacum Art Contest Winners Update Information only... o Audit Committee Briefing (11/14/16 Special Meeting) — Chair Leslie Daugs o Public Works Committee Briefing (12/13/16 Meeting) — Chair Greg Wheeler o Public Safety & Parks Committee Briefing (12/14/16 Meeting) — Chair Leslie Daugs o Other General Council Business was briefly discussed, including a declaration by Council Member Leslie Daugs that she is interested in running for the position of 2017 Council Vice President; and current Council Vice President Dino Davis and Council President Eric Younger are both interested in running for the position of 2017 Council President. With no further business, President Younger adjourned the Council Study Session at 7:45 PM. Prepared and Submitted by: sf LO'I SMITH, Legislative A sistant APPROVED by the City Council on the 21st day of December, 2016. Eric Younger, Council President ATTEST: Shannon L. Corin, City Clerk EY:SC:Is:cg AGENDA BILL CITY OF BREMERTON CITY COUNCIL • SUBJECT: Confirm Reappointment of Study Session Date: December 14, 2016 Jordy Andrew as the City of Bremerton COUNCIL MEETING Date: December 21, 2016 Representative on the Grant Review Department: Executive Committee for Kitsap Coordinated Grant Presenter: Mayor Lent • Application Process Phone: (360) 473-5266 SUMMARY: An integral part of the Kitsap Coordinated Grant Application Process is participation by citizen advisory committees, who review applications, interview applicants, and develop funding recommendations which are then approved by the Board of Commissioners. Each Mayor appoints two citizens to the Grant Recommendation Committees (GRCs) —one person to the Capital GRC and one person to the Services GRC. For 2017, the role of the GRCs is being expanded to include meetings throughout the year to provide more time for discussion of the issues, input on priorities, and recommendations for process improvements. We anticipate that this will result in an even smoother grant review and recommendation process. Bremerton's current appointees' terms end at the end of 2016. The Mayor seeks confirmation of the reappointment of Jordy Andrew as the City of Bremerton representative on the Capital Grant Review Committee. - ATTACHMENTS: The application for reappointment is available in the Mayor's office. FISCAL IMPACTS (Include Budgeted Amount): No fiscal impacts. STUDY SESSION AGENDA: ❑x No Presentation ❑ Full Presentation STUDY SESSION ACTION: o Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to confirm the reappointment of Jordy Andrew as the City of Bremerton representative on the Capital Grant Review Committee for Kitsap Coordinated Grant Application Process. COUNCIL ACTION: ❑ Approve ❑ Deny ❑Table ❑ Continue ❑ No Action • Form Updated 01/07/15 AGENDA BILL CITY OF BREMERTON 5 CITY COUNCIL SUBJECT: Confirm reappointment of Rick Study Session Date: December 14, 2016 Tift to the Planning Commission COUNCIL MEETING Date: December 21, 2016 Department: Executive Presenter: Mayor Lent Phone: (360) 473-5266 SUMMARY: The Mayor is seeking confirmation of the reappointment Rick Tift to another term on the Planning Commission. The new term expires December 31, 2020. ATTACHMENTS: Application to the committee is available in the Mayor's Office. FISCAL IMPACTS (Include Budgeted Amount): None. STUDY SESSION AGENDA: o No Presentation ❑ Full Presentation STUDY SESSION ACTION: o Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to confirm the reappointment of Rick Tift to another term on the Planning Commission with the term expiring December 31, 2020. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/07/15 AGENDA BILL CITY OF BREMERTON 5F CITY COUNCIL SUBJECT: Confirm appointment of Daniel Study Session Date: December 14, 2016 Conley to the Planning Commission COUNCIL MEETING Date: December 21, 2016 Department: Executive Presenter: Mayor Lent Phone: (360) 473-5266 SUMMARY: The Mayor is seeking confirmation of the appointment of Daniel Conley to the Planning Commission. He will replace Stuart Nethery whose term expired. The new term expires December 31, 2020. ATTACHMENTS: Application to the committee is available in the Mayor's Office. FISCAL IMPACTS (Include Budgeted Amount): None. STUDY SESSION AGENDA: o No Presentation 0 Full Presentation STUDY SESSION ACTION: o Consent Agenda 0 General Business ❑ Public Hearing RECOMMENDED MOTION: Move to confirm the appointment of Daniel Conley to the Planning Commission with the term expiring December 31, 2020. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/07/15 • AGENDA BILL CITY OF BREMERTON CITY COUNCIL 5G SUBJECT: Ordinance No. 5311 amending Study Session Date: Nov. 9 & Dec. 14, 2016 Chapter 2.18 of the Bremerton Municipal COUNCIL MEETING Date: December 21, 2016 Code entitled "Audit Committee and City Department: Legal Auditor" Presenter: Roger Lubovich Phone: (360) 473-2335 SUMMARY: The proposed ordinance amends Chapter 2.18 of the Bremerton Municipal Code entitled"Audit Committee and City Auditor." ATTACHMENTS: 1) Ordinance No. 5311 FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: o No Presentation ❑ Full Presentation STUDY SESSION ACTION: o ConsentAgenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to adopt Ordinance No. 5311 amending Chapter 2.18 of the Bremerton Municipal Code entitled "Audit Committee and City Auditor." • • COUNCIL ACTION: [' Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/07/15 ORDINANCE NO. 5311 AN ORDINANCE of the City Council of the City of Bremerton, Washington, repealing and replacing in its entirety Chapter 2.18 of the Bremerton Municipal Code entitled "Audit Committee and City Auditor." WHEREAS,the Audit Committee, having rule making authority, is in the process of establishing by-laws for its operations; and WHEREAS, the current provisions of Chapter 2.18 of the Bremerton Municipal Code relating to the Audit Committee and City Auditor are outdated, therefore, the.City Council desires to repeal and replace in its entirety Chapter 2.18 in order to be consistent with the Audit Committee's by-laws;NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 2.18 of the Bremerton Municipal Code entitled "Audit Committee and City Auditor" is hereby repealed and replaced in its entirety to read as follows: 2.18.010 PURPOSE The purpose of the Audit Committee, as provided in the Charter of the City of Bremerton, Article III, Section 18, shall be to assure elected City officials and management that performed in accordance with standards for the practice of internal auditing and with professional standards of conduct. "Internal Auditing is an independent, objective assurance and consulting activity designed to add value and improve an organization's operations. It helps an organization accomplish its objectives by bringing a systematic disciplined approach to evaluate and improve the effectiveness of risk management, control, and governance processes" as defined by the Institute of Internal Auditors. To this end,the Committee will: effectiveness and efficiency, including a comparison of planned and actual audits; the coming year; audit reports, with specific attention to: (1) Restrictions; (2) Cooperation received; (3) Audit findings; (1) Audit recommendations; procedures; 1 Chapter 2.18 Audit Committee and City Auditor (f) Ensure the City Auditor's independence of management; (g) Meet regularly with the City Auditor; (a) There shall be an Audit Committee consisting of two (2) Council members and an • _ • . - - . Bremerton residents selected by the designated members of the Audit Committee. The City appointed Council members. The designation of the Council members to the Audit Committee, Certified Public Accountant to the Audit Committee shall be by vote of the City Council. Audit Committee. The City Auditor shall only be removed by the majority vote of the entire membership of the Committee sitting as a whole. (e-) In order to foster continuity, during the first meeting in January, the Committee shall elect one(1) of its members as Chairperson and one(1) as Vice Chairperson to serve a term order of business at meetings, coordinate communications of the committee, approve the Auditor's payroll and expenses, and perform all other duties as specified by the Committee. 271-8,-030-TERM, Audit Committee members shall serve terms as follows: . . - .- - - Audit Committee shall serve three (3) year staggered terms. Residents may be appointed to an unlimited number of terms. successive terms of elected office. verve a three (3) year term and may be re appointed for an unlimited number of terms. The City Auditor shall be a permanent ex officio member of the Audit Committee. - - - - . • -- -- - . - a full term, either by resignation or removal, term. (a) Decisions of the Committee'shall be by majority vote of the members in • attendance except that if a tie vote occurs the City Auditor may cast a tie breaking vote. A Committee member may abstain from participating and voting at will or may be requested by member's area of control or influence. may prepare a written statement of position to the Chairperson in advance of any meeting to be read to the members present during that meeting. 2 Chapter 2.18 Audit Committee and City Auditor Committee. The Audit Committee shall issue periodic rets to the City Council and Mayor and will advise City Council and Mayor at any,time and on any issue that the Committee deems essential for the effective performance of duties and decisions by them; provided, that: (a) The Committee and the parties will comply with Chapter 12.17 RCW, (Public Disclosure Laws). . - -- -- . - .ent to the City Council and the Mayor, on a . . .. by management. . The City Auditor shall report administratively and functionally to the Audit Committee. In carrying out duties and responsibilities, the City Auditor shall have full, free and unrestricted access to all City activities, records, property and personnel. - • . . • . . • •- • -:• . -.- ittec, at regular meetings and upon request, of the audit work anticipated, scheduled and/or performed. To this end: (a) The City Auditor shall prepare projected schedules for each quarter with approval. (b) The City Auditor may discuss audit objectives with the Audit Committee (c) The City Auditor may discuss audit findings with the appropriate management during the course of an audit and with the Committee as deemed necessary. report completion. (d) A final draft of each audit report will be forwarded to the director or . - - . - . - -- - -; - - . . . . . -- • . . . •. - - .. - of the department and director/elected official's response in the report. (e) A copy of each final report will be provided to the Mayor, City Council, Director of Financial Services, responsible department head, and others as directed by the Audit' Committee. (f) Upon official submittal to the City Council and Mayor, the report and response will no longer be exempt from public disclosure. (g) The City Auditor will ensure adequate and appropriate responses to audit findings through periodic follow up reports to the City Council. 3 Chapter 2.18 Audit Committee and City Auditor 1 1 • 1 _ All employees and the auditee involved in an investigation by the City Auditor are subject to strict confidentiality. In order to protect the integrity of the Internal Audit function, members of the Audit Committee will be held to a strict standard of confidentiality. Strict confidentiality will be maintained for any communication between the City Auditor and Committee members or between individual Committee members, regardless of whether the communication is generated during an Audit Committee meeting. It is further understood that the City Auditor is to retain all confidences obtained from obtained during an audit at the time a report is presented to the Audit Committee if such information is significant to the report conclusions and findings, or if it is relevant and necessary City Attorney and/or State Auditor. • The Audit Committee may request the removal of a member by majority vote of the member. The Audit Committee and the City Auditor may adopt such policies, procedures, and directives as are necessary to fulfill the purposes of their functions. Proposed policies, be approved upon'a majority vete of the Audit Committee. 2.18.010 AUDIT COMMITTEE MEMBERSHIP. (a) Pursuant to Article III, Section 18 of the Charter of the City of Bremerton ("City Charter"), there shall be an Audit Committee consisting of three designated members ("Designated Members") and two selected members ("Selected Members") for a total of five members as follows: (1) Designated Members: Two Council Members and an independent Certified Public Accountant designated by the City Council, and (2) Selected Members: Two residents of the City of Bremerton selected by the Designated Members of the Audit Committee. (b) The designation of the Council Members to the Audit Committee shall be by the Council President. The designation of the Certified Public Accountant to the Audit Committee shall be by majority vote of the City Council. The selection of the two residents of the City of Bremerton shall be by majority vote of the Designated Members of the Audit Committee. 2.18.020 COMMITTEE MEMBER TERMS. (a) Audit Committee members shall serve terms as follows: (1) The two Council members designated by the City Council shall serve one- year terms, or less if the current term of their elected office expires earlier. 4 Chapter 2.18 Audit Committee and City Auditor (2) The independent Certified Public Accountant designated by the City Council shall serve a three-year term. (3) The two City of Bremerton residents selected by the Designated Members of the Audit Committee shall serve terms as established by the Committee. (b) In the event that any member does not serve a full term, either by resignation or removal, a replacement shall be designated or selected, as applicable,by the original appointing authority to serve the remainder of the term. 2.18.030 CITY AUDITOR. (a) Pursuant to the City Charter, the Audit Committee shall appoint the City Auditor to serve at the pleasure of the Audit Committee. The City Auditor shall only be removed by the majority vote of the entire membership of the Committee sitting as a whole. (b) The City Auditor shall report to the Audit Committee. In carrying out duties and responsibilities, the City Auditor shall have full, free and unrestricted access to all City records, property and personnel, unless such access is prohibited by law. Additionally, access to confidential and/or security related documents or operations may be restricted or prohibited as determined by the City Attorney based on his/her legal opinion. (c) The City Auditor has the same responsibility and authority as a department head in managing the finances and operation of the City Auditor's office. SECTION 2. 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 3. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. PASSED by the City Council the day of , 2016 ERIC YOUNGER, Council President Approved this day of , 2016 PATTY LENT, Mayor ATTEST: APPROVED AS TO FORM: 5 Chapter 2.18 Audit Committee.and City Auditor • • SHANNON CORIN, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the day of , 2016 EFFECTIVE the day of • , 2016 ORDINANCE NO. R:\Legal\Legal\Files\Current Active Files\Audit Committee and City Auditor\BMC 2.18 Auditor-Final.docx • • 6 Chapter 2.18 Audit Committee and City Auditor • AGENDA BILL CITY OF BREMERTON 5H CITY COUNCIL SUBJECT: Kitsap 911 Service Agreement Study Session Date: December 14, 2016 for enhanced Emergency 911 COUNCIL MEETING Date: December 21, 2016 Communications Services Department: Legal • Presenter: Roger Lubovich Phone: (360) 473-2335 SUMMARY: The proposed Agreement between Kitsap 911, a public corporation, and the City of - Bremerton provides enhanced emergency 911 communications services to the City including radio communication, dispatch, teletype service and telephone calls. ATTACHMENTS: 1) Service Agreement 2) Exhibit A—2017 Service Fees FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: ID No Presentation ❑ Full Presentation STUDY SESSION ACTION: o Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the Kitsap 911 Service Agreement; 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 SERVICE AGREEMENT RE: EMERGENCY COMMUNICATION SERVICES This Agreement is made this day by and between Kitsap 911, a Washington Public Corporation, hereinafter"Kitsap 911" and the City of Bremerton, a Washington municipal corporation, hereinafter, "Customer", I. RECITALS A. Kitsap 911 is a public corporation organized and existing under the Washington State Constitution and the laws of the State of Washington, and particularly those set forth at RCW 35.21.730 through RCW 35.21.759; and B. The City of Bremerton is a Washington municipal corporation organized and existing under the Washington State Constitution and the laws of the State of Washington, and particularly those set forth at Chapter 35.22 RCW; and a r • • C. Kitsap 911 is obligated to enter into this Service Agreement with Customer pursuant to Section IX of the Kitsap 911 Bylaw`s.<�` D. Customer has requested pthat Kitsap 91t provide enhanced emergency 911 communications services including `radio communication, dispatch, telet pe service and telephone calls directed to the Customer and tos-refer thosecalls to Customer by radio or other appropriate means; and o E. Kitsap,„!9,11 is willing to pr� or.vide the requested enhanced emergency 911 communication services including radiocommunication, dispatch and teletype services and handle telephone t calls as necessary and refer thoseo Customer by radio or other appropriate means; and F. Customer desires to engage the services of Kitsap 911, to provide such services; and G. Customer and Kitsap911 recognize the mutual benefit of utilizing Kitsap 911's dispatching services to meet Customer's dispatching requirements and needs; and H. Customer will pay Kitsap 911 a fee based on the Service Fee Formula set forth in Exhibit IX of the Kitsap 911 Bylaws as,more specifically set forth in Exhibit "A” attached hereto and incorporated herein, to have Kitsap 911 provide such services to Customer; NOW, THEREFORE, in consideration of the foregoing, and in consideration of the premises and promises, terms and conditions set forth below, it is hereby agreed as follows: SERVICE AGREEMENT Page 1 of 7 RE: EMERGENCY COMMUNICATIONS SERVICES II. AGREEMENT A. Communications Services. During the term of this Agreement, Kitsap 911 will provide Customer twenty-four (24) hour enhanced emergency 911 communications including call receiving, monitoring and emergency dispatching service for Customer's citizens, visitors and responders. Kitsap 911 shall be the primary public safety answering point for Customer. Kitsap 911 shall ensure all Federal Communications Commission (FCC) radio frequency licenses include authorization so that Customer can use; Kitsap 911's primary dispatch channels. ti B. Technical Assistance. Kitsap 911 may provide technical expertise to Customer as may be required for proper operations of Customer's systems and` for,A.procurement of Customer's communications equipment. C. Law Enforcement Agency Data Communications. If Customer is a lawenforcement agency, Kitsap 911 will provide information from the,-Washington State Patrol Law Enforcement Data Communications System. D. Customer Communications EquipmentUnless otherwise greed to by the parties, Kitsap 911 agrees to be responsible for providing and maintaining«all communications equipment necessary to receive, ra o communi ations fromK tsap 911nd for communicating with Kitsap 911 and between Customer's personnel.Customer shall be responsible for purchasing, wife. Av. maintaining, and repairing Customer's base, mobile, and portable communications equipment including pagers andcomputersCustomer shall retain the responsibility and authority for its operationalsdepartments andfor such equipment and services as required at its place of operations4o connect to Kitsap 911's operations. Interconnecting equipment may or may not be incl=ceded in Kitsap 911's budget as theBoard of Directors shall determine. However, if interconnecting equipment is included in the Kitsap 911 budget and provided to the Customer,Kitsap 911 shall retain ownership of such equipment. E. Operational Procedures. All operational procedures shall be determined and established by the Strategic Advisory Board(SAB)pursuant to Section VIII of the Kitsap 911 bylaws. Any disagreements regarding-operational procedures that cannot be resolved by the SAB shall be sent for final determination to the Kitsap 911 Board. F. Billing and Non-payment. Customer shall be billed in accordance with Exhibit A for the upeoming calendar year. Unless otherwise agreed to'by the parties, Customer shall make twelve equal monthly payments, which shall be due by the end of each month. Should Customer fall two (2) months in arrears Customer shall be considered delinquent, and in that event, and after providing the required notice and opportunity to cure as set forth in Section O. of this Agreement, Kitsap 911 shall have authority to terminate all services to Customer SERVICE AGREEMENT Page 2 of 7 RE: EMERGENCY COMMUNICATIONS SERVICES and all participation of Customer to the functions of Kitsap 911, however, said Customer shall be liable for its fees to Kitsap 911's through December 31S` of the year of termination of the delinquent Party's services. Customer acknowledges that the fee set forth on Exhibit A may change pursuant to and in accordance with Section IX(C) of the Kitsap 911 Bylaws. G. Provisions for Use. The Advisory Council on Criminal Justice Services and the Washington State Patrol have requested that all participating communications centers, such as Kitsap 911, which are terminal users of the Washington State Ratrol Law Enforcement Data Communications Systems have certain provisions in ,their regulations and enabling /167 Agreements concerning responsibility for such communication, therefore, the following is specifically agreed to: =�r ; 1. Responsibility. Kitsap 911 shall bear. full responsibilityifor insuring that the law enforcement data communications network and any Criminal History Records Information received by means of such network shall be usedksolely for the purposes of the administration of the criminal laws or for the purposes e umerated in RCW 43.43.760(3) as now exists or may hereafter be amended. Kitsap 9e0�1 shall establish rules and regulations governing access to,security for, and operation of the data communications network for y Criminal JusticeRecords Information received by means of such network. H. Duration. This Agreement shall continue,unless/Kitsap 911 is dissolved or as otherwise • provided in this section. ,, 1. Termination. Exceptlas otherwise spec ifically provided herein, Customer may terminate hi ts Agreement upon at�least one-hundred and eighty (180) days written notice to Kitsap911 If Customer �tei-minates this Agreement, Kitsap 911 is not quired to surrender any of i reits FCC licenses nor is Kitsap 911 obligated to agree to c • o-license the ternunating Ratty on any of Kitsap 911's licensed frequencies, except asfollows: Witsap 911 currently holds three FCC licenses, Frequency Numbers 154.145, 155.775"and 153.8-KAhat1 were contributed by Customer, and upon termination of 0141 this agreement,�,theselicenses shall be transferred back to Customer. I. Insurance/Indemnification—Hold Harmless: 1. Insurance. The parties 'to this Agreement shall' maintain during the life of this Agreement such general liability insurance as will provide coverage for claims for damages for personal injuries, including death, as well as for claims for damages to property which may arise directly or indirectly from performance of the work under this Agreement. Policy limits shall be no less than $1,000,000 per occurrence SERVICE AGREEMENT Page 3 of 7 RE: EMERGENCY COMMUNICATIONS SERVICES Combined Single Limit for Bodily Injury and Property Damage Liability. The parties shall provide each other a Certificate of Insurance or other appropriate documentation evidencing the coverage as set forth above if requested by a party. 2. Indemnification Clause — Customer. Customer does hereby agree to save harmless and defend Kitsap 911 from all claims and liability due to the negligent acts, errors, or omissions of Customer, its agents and/or employees. Such indemnity shall include, but not be limited to all out-of-pocket expenses incurred by Kitsap 911, including attorney's fees, in the event Customer fails or refuses to accept the tender of any claims brought against Kitsap 9.11, the basis. for which are negligent acts, errors or omissions of Customer, its agents and/or ernployees 3. Indemnification Clause — Kitsap 911.✓,,Kitsap 911 does hereby agree to save harmless and defend Customer from all claims:ato nd liability duethe'negligent acts, errors or omissions of Kitsap 911, its agents\and/or employees. Such indemnity shall include, t e but not be limited to, all out-of-pockexpenses ncurred by Customer, including attorney's fees, in the event.,Kitsap 911 fails ,or refuses to accept`tl e tender of any claims brought against Customer, the basis which are negligent acts, errors or omissions of Kitsap 911, its..agents',and/or employees. 4. The foregoinglindemnity is specifically and exprtessly�intended to constitute a waiver of each party's immunr W ity undeashington s Indus"trial Insurance Act, RCW Title 51, as respects the other party only,, :and only to the extent necessary to provide the indemnifiedparty with a full and complete indemnity of claims made by the mdemnitof s employees The,Parties acknowledge that these provisions were 4.f specifically°negotiatekand agreed upon by them. 5 7''1Kitsap 911 shall'complyrw th all notice and other requirements of RCW 42.56.590, as now in effect and� may be amended, in the event of a breach of the security of the system\as defined byRCW 42" 56.590. Such compliance shall be at the sole expense of K tsap911. J. Amendments. It is inutually'agreed and understood that no alteration or variation of the terms of this Agreement shallbel valid, unless made in writing, and signed by the Parties hereto, and that any oral understandings or agreements that are not incorporated herein, shall not be binding on either party. K. Contacts. Kitsap 911 City of Bremerton Richard Kirton SERVICE AGREEMENT Page 4 of 7 RE: EMERGENCY COMMUNICATIONS SERVICES L. Compliance with All Laws. Kitsap 911 and Customer shall comply with all federal, state and local laws, rules, regulations and ordinances applicable to the performance of this Agreement, including without limitation all those pertaining to wages and hours, confidentiality, disabilities and discrimination. M. Maintenance and Audit of Records. Kitsap 911 and Customer shall maintain books, records, documents and other materials relevant to its `c:';';'1.7 erformance under this Agreement which •sufficiently and accurately reflect any and all dire t-and indirect costs and expenses incurred or paid in the course of performing thisAgreement. These records shall be subject to inspection, review and audit by a Party orits designee, the Wash,ngton State Auditor's Office, and authorized federal agencies. Each\Party shall retain all such books, records, documents and other materials as required by the Washington State Reco'rdsRetention policy as established by the Washington Secretary of State .. . N. Waiver Limited. A waiver of any ermm or°condition of tl s�Agreement must be in writing and signed by the waiving Party. Any express orsamplied waiver of a term or condition of this Agreement shall apply only to the specific act, occurrenceor omission and shall not • constitute a waiver asoto any other term or;condition orefuture act, occurrence or omission. O. Default/Dispute Resolution If either Kitsap 91'L or the Customer fails to perform any act or obligation required to beaperf rmed it,hereunder the other party shall deliver written noticeof such failure to theZn performngpartyThe non-performing party shall have thirty (30)cdays after its receipt of such notice in which to correct its failure to perform the act or obligation at issue, after=w,�hich time,it shall be default ("Default") under this Agreement; provided, however, that srgthe non-performance is of a type that could not reasonably be cured within said thirty(30) dayormin f non- er, then the eriodshall not be in Default P non-performing party Y if it commences, cure within said thirty(30) day period and thereafter diligently pursues cure to completion. In the event a default continues and/or any dispute arises (for anything other than non- payment) between the Parties, either Party may request in writing that the issue be resolved by mediation. If the parties are unable to resolve the dispute within ninety (90) days, then either party shall have the right to exercise any or all rights and remedies available to it in law or equity. P. Governing Law. This Agreement shall be governed exclusively by the laws of the State of Washington. SERVICE AGREEMENT Page 5 of 7 RE: EMERGENCY COMMUNICATIONS SERVICES Q. Venue. The venue for legal action brought by any Party to this Agreement over non-payment, or any other dispute, shall be the Superior Court of Kitsap County, Washington. R. Assignment. The Parties may not assign any rights or delegate any duties under this Agreement, whether by assignment, subcontract or other means. Any such attempted assignment or delegation shall be void and shall constitute a material breach of this Agreement. Provided however, this prohibition shall not apply to an assignment pursuant to a consolidation of a Party to this agreement with another Party to this agreement. S. Entire Agreement. This Agreement constitutes theXentire agreement between the Parties, and supersedes any and all previous agreements rel'atin'g to the creation, funding, operation or maintenance of a regional emergency dispatclj and communications center. There are no understandings or agreements betweentheP arties other than those set forth in this Agreement. No other statement, representation or promise has been made to induce the Parties to enter into this Agreement. T. Invalid Provisions. The invalidity or unenforceability of any particular term or provision of this Agreement shall not affect the validity r enforceab lity of any other term or provision and this Agreement shall be construed in all"re p cts as ifuch invalid or unenforceable term z • or provision was omitted ,�,. ` � : /ity,„P''. °k?',; „ ""- '-''''' '-%- ,fr. U. Counterparts. This'Agreementtmay be executed/by the Parties using duplicate counterparts. KITSAP911 ' V' `- 9.>'-,. '.„, CITY OF BREMERTON ''f'",',,, , Adopted this °';qday of ';, , 2017 . KITSAP 911 BOARD a,, �: By: Patty Lent 44. It: Mayor Date: Kitsap 911 Board Chair , ATTEST FOR CUSTOMER Adopted this day of , 2017 SERVICE AGREEMENT Page 6 of 7 RE: EMERGENCY COMMUNICATIONS SERVICES Shannon Corin, City Clerk �Mm '+FAri� . w +. 04, ;‘1,-;:, x '14 n1 � a 4,47‘,..t.C;;,„*:;;fr::7 V4!". s ,gyp" � i'',:,;,,,:,:;,',--- %k' , 8'-' . P s';a t yy a S , �. ,X w SERVICE AGREEMENT Page'7 of 7 RE: EMERGENCY COMMUNICATIONS SERVICES Exhibit A 2017 Service Fees - City of Bremerton Police Agency Base Fee: $5,000 Units of Use: 54,463 Cost Per Unit: $6.2877 Surcharge Cost Per Unit: $0.4405 Total 2017 Service Fee: $ 371,435 Fire Agency Base Fee: $5,000 Units of Use: 7,618 Cost Per Unit: $22.5109 Surcharge Cost Per Unit: N/A Total 2017 Service Fee: $176,496 a, r • AGENDA BILL CITY OF BREMERTON 511. • CITY COUNCIL SUBJECT: Amendment to the Kitsap Study Session Date: December 14, 2016 County/City of Bremerton Agreement for COUNCIL MEETING Date: December 21, 2016 Incarceration of Prisoners Department: City Attorney's Office Presenter: Roger Lubovich Phone: (360) 473-2335 SUMMARY: The City of Bremerton and Kitsap County entered into an agreement for Incarceration of Prisoners on May 13, 2013 ("Agreement"). The Agreement was amended on September 17, 2014 to extend the term to December 31, 2016 and make related changes. The proposed second amendment to the Agreement extends the term of the Agreement one additional year expiring December 31, 2017. For calendar year 2016, the City has paid $75.80 per full bed-day. For calendar year 2017, the full bed-day rate for housing will be adjusted by the All Urban Consumers Index (CPI-U) (1982-1984=100) for the Seattle-Tacoma-Bremerton area pursuant to Section 6 (a) of the Agreement. • ATTACHMENTS: Amendment to Kitsap County/City of Bremerton Agreement for Incarceration of Prisoners FISCAL IMPACTS (Include Budgeted Amount): Budgeted in the 2017 Budget • STUDY SESSION AGENDA: ❑x No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑x Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the Amendment to the Kitsap County/City of Bremerton Agreement for Incarceration of Prisoners; 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 12/15/15 KC-042-13-B AMENDMENT TO KITSAP COUNTY/CITY OF BREMERTON AGREEMENT FOR INCARCERATION OF PRISONERS WHEREAS, on May 13, 2013, the City of Bremerton, a municipal corporation of the State of Washington, "the Contract Agency" and Kitsap County, a municipal corporation, "the County" entered into an Agreement(KC-042-13)to provide incarceration of the Contract Agency's prisoners; and WHEREAS,the City and the County desire to enter into an Amendment of KC-042-13 to further clarify the intention of the parties; NOW THEREFORE, in consideration of the mutual covenants contained herein, it is hereby agreed as follows: 6. COMPENSATION FROM CONTRACT AGENCY of the Agreement is hereby amended in subsection(a)Base Rate for Housing only,to read as follows: (a) Bed-Day Rate for Housing: In return for the County's housing of a Contract Agency Prisoner,the Contract Agency shall pay the County the 2016 rate of seventy-five dollars and eighty cents($75.80)plus the percentage increase set forth in the All Urban Consumers Index(CPI-U),(1982-1984=100)for the Seattle-Tacoma- Bremerton area as is specified by the Bureau of Labor Statistics,United States Department of Labor for the prior 12-month period ending in December 2016; provided,however,the increase shall not be more than six percent (6%). This rate will be for every 24-hour period, or portion thereof,that said prisoner is in the custody of the County, and as outlined under Section 6, subsection(d)"Split Billing"of the original contract. Such time period shall be measured from the time said prisoner is transferred to the custody of the County to the time when the Contract Agency resumes custody, or the prisoner is released. 22. DURATION of the Agreement is'hereby amended to read as follows: The term of this Agreement shall be effective from January 1, 2017 through December 31, 2017 unless another date is substituted pursuant to Section 26 of the original agreement, or the agreement is terminated earlier pursuant to Section 23 of the original agreement. Nothing in this Agreement shall be construed to make it necessary for the Contracting Agency to continuously house prisoners with the County. Except as expressly provided in this Contract Amendment,all other terms and conditions of the original Contract,and any subsequent amendments,addenda or modifications thereto, remain in full force and effect. Amendment to Agreement for Incarceration of City Prisoners KC-042-13-B Page I of 2 • DATED this day of , 20 DATED this day of , 20 CITY OF BREMERTON KITSAP COUNTY SHERIFF'S OFFICE Patty Lent,Mayor Gary Simpson, Sheriff ATTEST: Shannon L. Corin, City Clerk BOARD OF COUNTY COMMISSIONERS KITSAP COUNTY, WASHINGTON DATED this day of , 20_ EDWARD E. WOLFE, Chair CHARLOTTE GARRIDO, Commissioner ROBERT GELDER,,Commissioner ATTEST: J Dana Daniels, Clerk of the Board APPROVED AS TO FORM: Roger Lubovich, City Attorney Amendment to Agreement for Incarceration of City Prisoners KCG042-13-B Page2of2 • AGENDA BILL • CITY OF BREMERTON 5.1 CITY COUNCIL SUBJECT: Resolution No. 3282 authorizing Study Session Date: December 14, 2016 Year End Interfund Loans from Fund 102 COUNCIL MEETING Date: December 21, 2016 (Streets) to Fund 315 (Transportation Department: Financial Services Capital); Fund 317 (Lebo Boulevard Presenter: Mike Riley Construction); and Fund 334 (Washington Phone: (360) 473-5303 Avenue Connector) SUMMARY: As part of the preparation for year-end close out, Finance assesses each fund's cash position against anticipated needs through the end of the year. During this analysis, we identified three funds that have the potential to be in a negative cash position by year-end due to timing issues. Fund 315 -Transportation Capital, Fund 317 -Lebo Blvd Construction and Fund 334 -Washington Avenue Connector are all capital construction funds supported by grants. Grant reimbursements cannot be requested until after payments are made for work performed. The Street Fund has adequate cash reserves to make these short term loans. Each loan will be paid as soon as cash is available in the fund, but in no instance will the loan extend beyond June 30, 2017. It is proposed that no interest be charged on these short term loans as all funds involved are for transportation purposes. ATTACHMENTS; Resolution No. 3282 FISCAL IMPACTS (Include Budgeted Amount): This is a cash flow issue and has no impact on the 2017 ending fund balance of the funds. STUDY SESSION AGENDA: 0 No Presentation D Full Presentation STUDY SESSION ACTION: o Consent Agenda D General Business ❑ Public Hearing RECOMMENDED MOTION: Move to adopt Resolution No. 3282 of the City Council of the City of Bremerton, Washington, authorizing year-end Interfund Loans to Funds 315, 317 and 334 from Fund 102. • COUNCIL ACTION: ❑ Approve . ❑ Deny ❑ Table El Continue ❑ No Action Form Updated 01/07/15 RESOLUTION NO. 3282 A RESOLUTION, of the City Council of the City of Bremerton, Washington, authorizing year-end Interfund Loans to Fund 315 — Transportation Capital Fund, Fund 317 — Lebo Blvd Construction, and Fund 334 Washington Avenue Connector from . Fund 102— Street Fund. WHEREAS, as part of the year-end close out process, an analysis of the ending cash balance in each fund is conducted; and WHEREAS, individual funds cannot be in a negative cash balance as of year-end; and WHEREAS, three funds (Fund 315 —Transportation Capital Fund, Fund 317— Lebo Blvd Construction, and Fund 334—Washington Avenue Connector) have been identified as having a potential negative cash balances due to timing of grant reimbursement receipts; and WHEREAS, payments for construction projects are made prior to the request for appropriate grant reimbursement; and WHEREAS, external financing options are more costly than what the City can provide through an interfund loan; and WHEREAS, surplus cash in an amount sufficient to meet these short term cash flow needs is presently on hand in the Street Fund; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The Assistant Director of Financial Services is hereby authorized and directed to make the following interfund loans as needed: To Fund 315 from Fund 102—no more than $200,000 To Fund 317 from Fund 102—no more than $50,000 To Fund 334 from Fund 102—no more than $50,000 SECTION 2. Repayment of the interfund loans shall be as follows: Interest shall not accrue as all funds are designated for Transportation purposes. Each loan shall be repaid no later than June 30, 2017. 1 2016 Year End Interfund Loans SECTION 3. Severability. If any one or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. SECTION 4. Effective Date. This Resolution shall take effect and be in force immediately upon its passage. • PASSED by the City Council of the City of Bremerton, Washington this day of , 2016. ERIC YOUNGER, Council President APPROVED AS TO FORM: ATTEST: ROGER A. LUBOVICH, City Attorney ' SHANNON CORIN, City Clerk R:\Legal\Legal\Resolutions\Finance\2016 Year End Interfund Loan.doc 2 2016 Year End Interfund Loans • AGENDA BILL CITY OF BREMERTON5K CITY COUNCIL SUBJECT: Ordinance No. 5316 amending Study Session Date: December 14, 2016 Ordinance No. 5292 establishing the City of COUNCIL MEETING Date: December 21, 2016 Bremerton's Fiscal Year 2016 Budget as Department: Finance amended by Ordinance No. 5303 Presenter: Caroline Tompson Phone: 360-473-5296 SUMMARY: This is a year-end housekeeping action. The Bremerton City Council adopted the 2016 Annual City Budget by Ordinance 5292 on December 2, 2015 and later amended the budget by Ordinance 5303 on June 1, 2016. In preparation for wrapping up 2016, it is necessary to do a final amendment to the budget to incorporate Council actions and other unforeseen items that have arisen subsequent to the last amendment. This amendment is necessary to provide adequate expenditure authority for various City funds and departments. • ATTACHMENTS: Ordinance No. 5316 amending the 2016 Fiscal Year Budget, Exhibit A, and Detail Fund Listing FISCAL IMPACTS (Include Budgeted Amount): Overall 2016 budget will be $163,345,393 (inclusive of fund balances). • STUDY SESSION AGENDA: 0 No Presentation ❑D Full Presentation STUDY SESSION ACTION: o Consent Agenda ❑ General Business 0 Public Hearing RECOMMENDED MOTION: • Move to approve'Ordinance No. 5316 of the City Council of the City of Bremerton, Washington, amending Ordinance No. 5292 establishing the City of Bremerton's Fiscal Year 2016 budget as amended by Ordinance No. 5303. COUNCIL ACTION: ❑ Approve ❑ Deny [' Table ❑ Continue ❑.No Action Form Updated 01/07/15 ORDINANCE NO. 5316 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Ordinance No. 5292 establishing the City of Bremerton's Fiscal Year 2016 budget as amended by Ordinance No. 5303. WHEREAS, the City Council passed the Fiscal Year 2016 City Budget Ordinance No. 5292 on December 2, 2015; and WHEREAS, the City Council subsequently amended the Fiscal Year 2016 City Budget by Ordinance No. 5303 on June 1, 2016 to provide for certain programs and actions taken up to that point requiring amendment to the 2016 budget; and WHEREAS, the City Council has previously amended the budget by various motions and resolutions subsequent to June 1, 2016 which require a formal amendment by ordinance; and WHEREAS, several City Departments and Funds are experiencing or anticipate additional expenses due to factors such as costs related to provision of contracted services, changed allocations of staff time; and WHEREAS, several City Departments and Funds require adjustment to revenues to reflect activity in 2016 or timing changes from that which was anticipated in the 2016 budget; • and WHEREAS, certain reclassifications of revenues and expenditures are required to properly reflect budget categories in a manner consistent with actuals in accordance with BMC 3.0.010; and WHEREAS, each of these actions has an impact on the City of Bremerton's FY 2016 Annual Budget resulting in the need to amend this Budget document; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Ordinance No. 5292 establishing the City of Bremerton's 2016 Budget as amended by Ordinance No. 5303 is hereby amended as follows; 1) regular revenues and unencumbered fund balances of$163,345,393, the total for each fund as set forth in Exhibit A, attached hereto and incorporated herein by this reference, and 2) in accordance with BMC 3.02.010, expenditures and ending fund balances of $163,345,393 as set forth in Exhibit A. 1 2016 Final Budget Amendment SECTION 2. That the totals for the funds noted in Exhibit A are hereby appropriated for the fiscal year 2016. 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 , 2016 ERIC YOUNGER, Council President Approved this day of , 2016 PATTY LENT, Mayor ATTEST: APPROVED AS TO FORM: SHANNON CORN, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the day of , 2016 EFFECTIVE the day of , 2016 ORDINANCE NO. 2 2016 Final Budget Amendment 2016 EXPENDITURES -ALL FUNDS Amended by Ordinance No. 5316 Exhibit A 2016 SUPPLIES& DEBT CAPITAL ENDING TOTAL FUND PERSONNEL SERVICES SERVICE OUTLAY TRANSFERS FUND BAL. BUDGET General Fund General Government: City Council 298,500 43,356 341,856 Executive 275,400 90,528 365,928 Financial Services 1,182,900 318,946 1,501,846 Legal Department 951,600 119,764 1,071,364 Human Resources 322,100 375,728 697,828 Community Development 1,240,500 368,879 55,000 1,664,379 Municipal Court 867,000 532,910 1,399,910 City Auditor 75,300 6,240 81,540 Law Enforcement 9,024,200 1,536,993 • 10,561,193 Fire/Emergency Medical 7,988,300 878,729 8,867,029 Police&Fire Pension 1,580,500 395,900 1,976,400 General Facilities 393,060 724,421 1,117,481 General Parks 1,980,400 771,115 127,972 2,879,487 Engineering 1,777,200 596,828 2,374,028 Non-Departmental 35,500 -3,307,479 925,573 4,268,552 Ending Fund Balance 4,142,623 4,142,623 Total General Fund 27,992,460 10,067,816 127,972 0 980,573 4,142,623 43,311,444 Special Revenue Funds: Street 1,255,900 1,547,973 250,500 112,816 734,378 3,901,567 Contingency Reserve 938,778 938,778 Lodging Tax 280,000 155,000 414,411 849,411 Parking System 1,048,718 492,508 172,500 365,816 2,079,542 Comm.Dev.Block Grant 123,600 574,944 36,240 359,048 1,093,832 Abatement Revolving Fund 153,500 261,949 415,449 Police Special Projects 281,317 , 90,000 194,927 566,244, Public Access Television 330,300 109,704 165,000 461,946 1,066,950 Gift&Donations Fund 11,000 47,374 58,374 Trial Improvement 10,000 45,000 61,305 116,305 One Percent for Arts 15,000 44,876 59,876 Conference Center Oper 1,569,055 2,600 126,724 1,698,379 Total Spec.Rev.Funds 1,709,800 5,601,211 495,108 550,500 476,556 4,011,532 12,844,707" Debt Service Fund: 2010 LTGO 545,636 164,342 709,978 2010 UTGO/LTGO(B) 1,066,457 121,210 1,187,667 Government Center LTGO 337,713 89,445 427,158 2015 Public Safety Bond 530,000 4,166 534,166 Total Debt Service Fund 0 0 2,479,806 0 0 379,163 2,858,969 Capital Improvement Funds: General Govt Capital Improv. 58,000 781,413 788,167 1,627,580 - ' Park Facilities Construction 80,000 126,691 95,988 302,679 Transportation Capital Projects 3,829,726 238,265 4,067,991 Fire Public Safety Capital 460,000 1,090,000 2,950,042 4,500,042 Lebo Blvd Construction Project 515,000 0 515,000 Washington Ave Connector 2,927 530,750 64,596 598,273 ' Total Capital Improv.Funds 0 542,927 0 6,150,167 781,413 4,137,058 11,611,565 Total General Gov't Funds 29,702,260 16,211,954 3,102,886 6,700,667 2,238,542 12,670,376 70,626,685 2016 EXPENDITURES - ALL FUNDS Amended by Ordinance No. 5316 Exhibit A . 2016 SUPPLIES& DEBT CAPITAL ENDING TOTAL FUND PERSONNEL SERVICES SERVICE OUTLAY TRANSFERS FUND BAL. BUDGET Enterprise Funds: Water Utility 3,795,200 6,268,583 1,225,594 63,600 2,655,816 1,564,136 15,572,929 Water Capital 776,430 6,926,808 4,664,893 12,368,131 Wastewater Utility 2,822,295 7,248,903 3,192,695 3,592,816 2,328,038 19,184,747 Wastewater Capital 224,725 6,117,100 7,896,363 14,238,188 Stormwater Utility 1,036,375 1,569,512 135,039 283,368 810,663 3,834,957 Stormwater Capital 350,000 1,854,300 1,210,615 3,414,915 Utility Debt Reserve 82,000 1,708,204 1,790,204 Gold Mountain Golf Complex 3,735,642 454,289 1,636 61,158 4,252,725 Total Enterprise Funds 7,653,870 20,173,795 5,007,617 14,963,444 6,614,000 20,244,070 74,656,796 Internal Service Funds: Risk Management 255,000 1,343,040 1,989,322 3,587,362 Self Ins Health&Welfare Reserve 4,399,500 505,639 4,905,139 Employment Security 25,000 564,334 589,334 Accumulated Leave Liability 500,000 170,502 670,502 ER&R Operations&Maint 432,200 1,042,557 207,424 1,682,181 ER&R Equipment Reserves 1,000 1,277,000 3,835,999 5,113,999 Information Services 569,300 740,025 61,000 143,070 1,513,395 Total Internal Service Funds • 1,781,500 7,526,122 0 1,338,000 0 7,416,290 18,061,912 Total Business Type Funds 9,435,370 27,699,917 5,007,617 16,301,444 6,614,000 27,660,360 92,718,708 Total All Funds 39,137,630 43,911,871 8,110,503 23,002,111 8,852,542 40,330,736 163,345,393 CITY OF BREMERTON 2016 ANTICIPATED REVENUES,EXPENDITURES AND CHANGES IN FUND BALANCE GENERAL FUND For the Year Ended December 31,2016 Amended Proposed Adj Required Mid-Year Year-End From The Budget Budget Adopted Budget 2016 2016 2016 REVENUES Taxes Property $ 8,302,000 $ 8,302,000 $ - Sales 7,514,000 7.514,000 - Other 13,170,308 13,170,308 - Licenses and Permits 1,202,600 1,202,600 - Intergovernmental 1,492,571 1,492,571 - Charges for Services 5.051,176 5,051,176 - Fines and Forfeitures 971,500 971,500 - Miscellaneous 246,780 246,780 - Transfers In&Other Financing 69,001 97,914 28,913 Total Revenues 38,019,936 38,048,849 28,913 EXPENDITURES Personnel Expenses 27,992,460 27,992,460 - Supplies,Services,and Taxes 9,988,903 10,067,816 78,913 Capital Expenditures - - - Debt Service 127,972 127,972 - Transfers Out 980,573 980,573 - Total Expenditures 39,089,908 39,168,821 78,913 CHANGES IN FUND BALANCE Net change in fund balances (1,069,972) (1,119,972) (50,000) Fund Balances-beginning 5,262,595 5,262,595 - Fund Balances-ending $ 4,192,623 $ 4,142,623 $ (50,000) GENERAL FUND EXPENDITURES BY DEPARTMENT City Council $ 341,856 341,856 $ - Executive 365,928 • 365,928 - Financial Services 1,501,846 1,501,846 - Legal Department 1,071,364 1,071,364 - Human Resources 697,828 697,828 - Community Development 1,664,379 1,664,379 - Municipal Court 1,399,910 1,399,910 - City Auditor 81,540 81,540 - Police Department 10,561,193 10,561,193 - Fire Department 8,702,529 8,867,029 164,500 Police&Fire Pension 1,976,400 1,976,400 - General Facilities 1,038,568 1,117,481 78,913 Parks&Recreation 2,879,487 2,879,487 - Engineering 2,374,028 2.374,028 - Non-Departmental 4,433,052 ' 4.268,552 (164,500) Total Expenditures $ 39,089,908 $ 39,168,821 $ 78,913 The target ending fund balance is 8.5%of annual expenditures, excluding capital. The target fund balance for the 2016 budget as amended is$3,329,350. The actual ending fund balance after the proposed amendments is$4,142,623 which is higher than the target amount by$813,273. The 2016 budget as proposed, includes an ending fund balance which exceeds the target,and is decreased from the previously adopted budget by$50,000. The financial planning goal is to maintain an ending fund balance that meets or exceeds the target level. FUND 001 CITY OF BREMERTON 2016 ANTICIPATED REVENUES,EXPENDITURES AND CHANGES IN FUND BALANCE GENERAL FUND For the Year Ended December 31,2016 Budget Adjustments: Items Previously Approved by Council or Finance Committee Revenue-Increase transfer-in from General Gov't Capital Improvement Fund(REET)for Police roof project 28,913 Expenditure-Increase supplies and services for Police station roof project (28,913) Expenditure-Decrease personnel in Non-Departmental and reallocate to Fire for set aside wage adjustments 164,500 Expenditure-Increase personnel in Fire for set aside wage adjustments (164,500) New Items Not Previously Approved by Council Expenditure-Increase supplies and services in Facilities for ongoing maintenance (50,000) Net adjustment to ending fund balance required $ (50,000) • FUND 001 CITY OF BREMERTON 2016 ANTICIPATED REVENUES,EXPENDITURES AND CHANGES IN FUND BALANCE STREET FUND For the Year Ended December 31,2016 Amended Proposed Adj Required Mid-Year Year-End From The Budget Budget Adopted Budget 2016 2016 2016 REVENUES Taxes 'Property $ . - $ - $ - Sales - - - iOther996,922 996,922 - Licenses and Permits - - - Intergovernmental(fuel tax) 860,000 860,000 - Charges for Services 57,376 57,376 - Fines and Forfeitures - - - Miscellaneous 1,450,250 510,250 (940,000) Transfers in&Other Revenue - 975,000 975,000 Total Revenues 3,364,548 3,399,548 35,000 EXPENDITURES Personnel Expenses 1,255,900 1,255,900 - Supplies, Services,and Taxes 1,547,973 1,547,973 - Capital Expenditures 250,500 250,500 - Debt Service - - - Transfers Out 112,816 112,816 - Total Expenditures 3,167,189 3,167,189 - CHANGES IN FUND BALANCE . ` . ' i• Net change in fund balances 197,359 232,359 35,000 , Fund Balances-beginning 502,019 502,019 - Fund Balances-ending $ 699,378 $ 734,378 $ 35,000 Budget Adjustments: Items Previously Approved by Council Revenue-Increase transfers-in from Gen Gov't Cap Impr.(REET)for Tracyton Guardrail in TBD Dept. 160,000 Revenue-Decrease transfers-in from Gen Gov't Capital Impr(REET)for ADA Transition Plan (125,000) Revenue-Decrease miscellaneous revenue and reallocate to transfers-in due to technical correction (940,000) Revenue-Increase transfers-in reallocated from miscellaneous due to technical correction 940,000 New Items Not Previously Approved by Council Net adjustment to ending fund balance required $ 35,000 FUND 102 CITY OF BREMERTON 2016 ANTICIPATED REVENUES,EXPENDITURES AND CHANGES IN FUND BALANCE PARKING SYSTEM FUND For the Year Ended December 31,2016 Amended Proposed Adj Required Mid-Year Year-End From The Budget Budget Adopted Budget 2016 2016 2016 REVENUES Taxes Property $ - $ - $ - Sales - - - Other - - - Licenses and Permits - - - Intergovernmental - - - Charges for Services - - - Fines and Forfeitures 195,000 195,000 - Miscellaneous 1,416,100 1,416,100 - Transfers in&Other Revenue - - - Total Revenues 1,611,100 1,611,100 - EXPENDITURES Personnel Expenses - - - Supplies, Services, and Taxes 1,048,718 1,048,718 - Capital Expenditures - - - Debt Service 492,308 492,508 200 Transfers Out 172,500 172,500 - Total Expenditures 1,713,526 1,713,726 200 CHANGES IN FUND BALANCE Net change in find balances (102,426) (102,626) (200) Fund Balances-beginning 468,442 468,442 - Fund Balances-ending $ 366,016 $ 365,816 $ (200) Budget Adjustments: New Items Previously Approved by Council New Items Not Previously Approved by Council Expenditures-Increase debt service registration costs (200) Net adjustment to ending fund balance required $ (200) FUND 105 CITY OF BREMERTON 2016 ANTICIPATED REVENUES,EXPENDITURES AND CHANGES IN FUND BALANCE COMMUNITY DEVELOPMENT BLOCK GRANT For the Year Ended December 31,2016 Amended Proposed Adj Required Mid-Year Year-End From The Budget Budget Adopted Budget 2016 2016 2016 REVENUES Taxes Property $ - $ - $ - Sales - - - Other - - - Licenses and Permits - - - Intergovernmental 633,103 633,103 - Charges for Services 50,000 50,000 - Fines and Forfeitures - - - Miscellaneous 5,000 5,000 - Transfers in 55,000 55,000 _ - Total Revenues 743,103 743,103 - EXPENDITURES Personnel Expenses 123,600 123,600 - Supplies,Services,and Taxes 574,944 574,944 - Capital Expenditures - - - Debt Service - - - Transfers Out 17,000 36,240 19,240 Total Expenditures 715,544 734,784 19,240 CHANGES IN FUND BALANCE Net change in fund balances 27,559 8,319 (19,240) Fund Balances-beginning 350,729 350,729 - Fund Balances-ending $ 378,288 $ 359,048 $ (19,240) Budget Adjustments: Items Not Previously Approved by Council Expenditure-Increase transfer-out to Stormwater Capital Fund for Lillian Walker Project (19,240) Net adjustment required to the ending fund balance $ (19,240) FUND 106 CITY OF BREMERTON 2016 ANTICIPATED REVENUES,EXPENDITURES AND CHANGES IN FUND BALANCE • GIFT AND DONATION FUND For the Year Ended December 31,2016 Amended Proposed Adj Required Mid-Year Year-End From The Budget Budget Adopted Budget 2016 2016 2016 REVENUES Taxes Property $ - $ - $ - Sales - - - 1 Other - - - Licenses and Permits - - - Intergovernmental - - - Charges for Services - - - Fines and Forfeitures - - - Miscellaneous 4,250 4,250 - Transfers in - - - Total Revenues 4,250 4,250 - EXPENDITURES Personnel Expenses - - - Supplies, Services, and Taxes 5,500 11,000 5,500 Capital Expenditures - - - Debt Service - - - Transfers Out - - - Total Expenditures 5,500 11,000 5,500 CHANGES IN FUND BALANCE Net change in fund balances (1,250) (6,750) (5,500) Fund Balances-beginning 54,124 54,124 - Fund Balances-ending $ 52,874 $ 47,374 $ (5,500) Budget Adjustments: Items Not Previously Approved by Council Expenditure-Increase supplies and services for Parks memorial benches and Boardwalk bricks (5,500) Net adjustment to ending fund balance required $ (5,500) FUND 114 CITY OF BREMERTON 2016 ANTICIPATED REVENUES,EXPENDITURES AND CHANGES IN FUND BALANCE GENERAL GOVERNMENT CAPITAL IMPROVEMENT FUND For the Year Ended December 31,2016 Amended Proposed Adj Required Mid-Year Year-End From The Budget Budget Adopted Budget • 2016 2016 2016 REVENUES Taxes Property $ - $ • - $ - Sales - - - Other(Real Estate Excise Taxes; 820,000 820,000 - Licenses and Permits - - - Intergovernmental - - - Charges for Services - - - Fines and Forfeitures - - - Miscellaneous 4,000 4,000 - Transfers in&Other Revenue - - - Total Revenues 824,000 824,000 - EXPENDITURES Personnel Expenses - - - Supplies,Services,and Taxes - - - Capital Expenditures 58,000 58,000 - Debt Service - - - Transfers Out 717,500 781,413 63,913 Total Expenditures 775,500 839,413 63,913 CHANGES IN FUND BALANCE Net change in fund balances 48,500 (15,413) (63,913) Fund Balances-beginning 803,580 803,580 - Fund Balances-ending $ 852,080 $ 788,167 $ (63,913) Budget Adjustments: Items Previously Approved by Council Expenditure-Increase transfers-out to Street TBD for Tracyton Guardrail Project (160,000) Expenditure-Decrease transfer-out to Street for ADA Transition Plan 125,000 Expenditure-Increase transfer-out to GF Facilities for cost associated with Police Station roof (28,913) Net adjustment required to the ending fund balance $ (63,913) FUND 308 CITY OF BREMERTON 2016 ANTICIPATED REVENUES,EXPENDITURES AND CHANGES IN FUND BALANCE PARK FACILITIES CONSTRUCTION FUND For the Year Ended December 31,2016 Amended Proposed Adj Required Mid-Year Year-End From The Budget Budget Adopted Budget 2016 2016 2016 REVENUES Taxes Property • $ - $ - $ - Sales - - - Other - - - Licenses and Permits - - - Intergovernmental 5,000 80,163 75,163 Charges for Services - - - Fines and Forfeitures - - - Miscellaneous 20,783 20,783 - Transfers in&Other Revenue 92,000 92,000 - Total Revenues 117,783 192,946 75,163 EXPENDITURES Personnel Expenses - - - Supplies,Services,and Taxes 80,000 80,000 - Capital Expenditures 37,000 126,691 89,691 Debt Service - - - Transfers Out - - - Total Expenditures 117,000 206,691 89,691 CHANGES IN FUND BALANCE Net change in fund balances 783 (13,745) (14,528) Fund Balances-beginning 109,733 109,733 - Fund Balances-ending $ 110,516 $ 95,988 $ (14,528) Budget Adjustments: Items Previously Approved by Council Revenue-Increase intergovernmental for grant proceeds associated with Evergreen Park Near Shore Project 75,163 Expenditure-Increase capital for design component of Evergreen Park Near Shore Project (75,163) Items Not Previously Approved by Council Expenditure-Increase capital for guardrail at Evergreen Park (14,528) • Net adjustment required to the ending fund balance $ (14,528) FUND 310 City of Bremerton 2016 ANTICIPATED REVENUES,EXPENDITURES AND CHANGES IN FUND BALANCE WASHINGTON AVE CONNECTOR FUND For the Year Ended December 31,20.16 Amended Proposed Adj Required Mid-Year Year-End From The Budget Budget Adopted Budget 2016 2016 2016 , REVENUES Taxes Property $ - $ - $ - Sales - - - ' Other - . - - Licenses and Permits - - - Intergovernmental 233,223113,382 (119,841) Charges for Services 72,720 214,230 141,510 Fines and Forfeitures - - - Miscellaneous 1,000 1,000 - Transfers in&Other Revenue - - - Total Revenues 306,943 328,612 21,669 EXPENDITURES Personnel Expenses - - - Supplies,Services,and Taxes - 2,927 2,927 Capital Expenditures 255,065 530,750 275,685 Debt Service - - - Transfers Out - - _ - Total Expenditures 255,065 533,677 278,612 CHANGES IN FUND BALANCE • Net change in fund balances 51,878 (205,065) (256,943) Fund Balances-beginning 269,661 269,661 - Fund Balances-ending $ 321,539 $ 64,596 $ (256,943) , Budget Adjustments: Items Previously Approved by Council Revenue-Decrease intergovernmental from grant(year-end true-up) (119,841) Revenue-Increase charges for services(Bremerton Towers&PSE) 141,510 Expenditure-Increase capital(year-end true-up) (275,685) Expenditure-Increase supplies and services for non-capital engineering services (2,927) Net adjustment required to the ending fund balance $ (256,943) FUND 334 City of Bremerton 2016 ANTICIPATED REVENUES,EXPENDITURES AND CHANGES IN FUND BALANCE • WATER UTILITY For the Year Ended December 31,2016 Amended Proposed- Adj Required Mid-Year Year-End From The Budget • Budget Adopted Budget 2016 2016 2016 REVENUES Taxes Property $ - $ - $ - Sales - - - . Other - - - Licenses and Permits - - - Intergovernmental - - - Charges for Services 12,112,219 12,112,219 - Fines and Forfeitures 30,000 30,000 - Miscellaneous 346,608 346,608 - Transfers in&Other Revenue 173,000 173,000 - Total Revenues 12,661,827 12,661,827 - EXPENDITURES Personnel Expenses 3,795,200 3,795,200 - Supplies, Services,and Taxes 6,268,583 6,268,583 - Capital Expenditures - 63,600 63,600 Debt Service 1,225,594 1,225,594 - Transfers Out 1,400,816 2,655,816 1,255,000 Total Expenditures 12,690,193 14,008,793 1,318,600 CHANGES IN WORKING CAPITAL BALANCE Net change in working capital (28,366) (1,346,966) (1,318,600) Fund Balances-beginning working capital 2,911,102 2,911,102 - Fund Balances-ending working capital $ 2,882,736 $ 1,564,136 $ (1,318,600) Budget Adjustments: New Items Previously Approved by Council Expenditure-Increase capital for two water operations vehicles not previously budgeted in capital (63,600) New Items Not Previously Approved by Council Expenditure-Increase transfers-out to Water Capital Fund (1,255,000) Net adjustment required to the ending fund balance $ (1,318,600) FUND 401 CITY OF BREMERTON 2016 ANTICIPATED REVENUES,EXPENDITURES AND CHANGES IN FUND BALANCE WATER CAPITAL For the Year Ended December 31,2016 Amended Proposed Adj Required Mid-Year Year-End From The Budget Budget Adopted Budget 2016 2016 2016 REVENUES Taxes Property $ - $ - $ - Sales - - - Other - - - Licenses and Permits - - - Intergovernmental - - - Charges for Services - - - Fines and Forfeitures - - - Miscellaneous 15,000 15,000 - Transfers in&Other Revenue 6,511,000 7,766,000 1,255,000 Total Revenues 6,526,000 7,781,000 1,255,000 EXPENDITURES Personnel Expenses - - - Supplies,Services,and Taxes 776,430 776,430 - Capital Expenditures 6,926,808 6,926,808 - Debt Service - - - Transfers Out - - - Total Expenditures 7,703,238 7,703,238 - CHANGES IN WORKING CAPITAL BALANCE Net change in working capital (1,177,238) 77,762 1,255,000 Fund Balances-beginning working capital 4,587,131 4,587,131 - Fund Balances-ending working capital $ 3,409,893 $ 4,664,893 $ 1,255,000 Budget Adjustments: Items Previously Approved by Council New Items Not Previously Approved by Council Revenue-Increase transfers-in from Water Utility Fund 1,255,000 Net adjustment required to the ending fund balance $ 1,255,000 FUND 404 CITY OF BREMERTON 2016 ANTICIPATED REVENUES,EXPENDITURES AND CHANGES IN FUND BALANCE GOLD MOUNTAIN GOLF COMPLEX For the Year Ended December 31,2016 Amended Proposed Adj Required Mid-Year Year-End From The Budget Budget Adopted Budget 2016 2016 2016 REVENUES Taxes Property $ - $ - $ - Sales - - - Other - - - Licenses and Permits - - - Intergovernmental - - - Charges for Services 4,254,687 4,254,687 - Fines and Forfeitures - - - Miscellaneous 14,200 14,200 - Transfers in - - - Total Revenues 4,268,887 4,268,887 - EXPENDITURES Personnel Expenses Supplies, Services,and Taxes 3,652,278 3,735,642 83,364 Capital Expenditures , 85,000 1,636 (83,364) Debt Service 454,289 454,289 - Transfers Out - - - Total Expenditures 4,191,567 4,191,567 - CHANGES IN FUND BALANCE Net change in working capital 77,320 77,320 - Fund Balances-beginning working capital (16,162) (16,162) - Fund Balances-ending working capital $ 61,158 $ 61,158 $ - Budget Adjustments: Items Not Previously Approved by Council Expenditure-Reduce capital and reallocate to supplies and services 83,364 Expenditure-Increase supplies and services (83,364) Net adjustment required to the ending fund balance $ • FUND 407 CITY OF BREMERTON 2016 ANTICIPATED REVENUES,EXPENDITURES AND CHANGES IN FUND BALANCE WASTEWATER UTILITY For the Year Ended December 31,2016 Amended Proposed Adj Required Mid-Year Year-End From The Budget Budget Adopted Budget 2016 2016 2016 REVENUES Taxes Property $ - $ - $ - Sales 29,000 29,000 - Other 4,000 4,000 - Licenses and Permits - - - Intergovernmental - - - Charges for Services 14,667,447 14,667,447 - Fines and Forfeitures 20,000 20,000 - Miscellaneous 20,000 20,000 - Transfers in&Other Revenue 148,000 148,000 - Total Revenues 14,888,447 14,888,447 - EXPENDITURES Personnel Expenses 2,822,295 2,822,295 - Supplies,Services,and Taxes 7,248,903 7,248,903 - Capital Expenditures - - - Debt Service 3,192,695 3,192,695 - Transfers Out 1,744,816 3,592,816 1,848,000 Total Expenditures 15,008,709 16,856,709 1,848,000 CHANGES IN FUND BALANCE Net change in working capital (120,262) (1,968,262) (1,848,000) Fund Balances-beginning working capital 4,296,300 4,296,300 - Fund Balances-ending working capital $ 4,176,038 $ 2,328,038 $ (1,848,000) Budget Adjustments: Items Previously Approved by Council New Items Not Previously Approved by Council Expenditure-Increase transfers-out to Wastewater Capital Fund (1,848,000) Net adjustment required to the ending fund balance $ (1,848,000) FUND 451 CITY OF BREMERTON 2016 ANTICIPATED REVENUES,EXPENDITURES AND CHANGES IN FUND BALANCE WASTEWATER CAPITAL For the Year Ended December 31,2016 Amended Proposed Adj Required Mid-Year Year-End From The Budget Budget Adopted Budget 2016 2016 2016 REVENUES Taxes Property $ - $ - $ - Sales - - Other - - - Licenses and Permits - - - Intergovernmental 1,002,000 1,002,000 - Charges for Services - - - Fines and Forfeitures - - - Miscellaneous 10,000 10,000 - Transfers in&Other Revenue 6,425,000 8,273,000 1,848,000 Total Revenues 7,437,000 9,285,000 1,848,000 EXPENDITURES Personnel Expenses - . - - Supplies, Services,and Taxes 174,725 224,725 50,000 Capital Expenditures 6,167,100 6,117,100 (50,000) Debt Service - - - Transfers Out - - - Total Expenditures 6,341,825 6,341,825 - CHANGES IN FUND BALANCE Net change in working capital 1,095,175 2,943,175 1,848,000 Fund Balances-beginning working capital 4,953,188 4,953,188 - Fund Balances-ending working capital $ 6,048,363 $ 7,896,363 $ 1,848,000 Budget Adjustments: Items Previously Approved by Council New Items Not Previously Approved by Council Revenue-Increase transfers-in from Wastewater Utility Fund 1,848,000 Expenditure-Decrease capital and reallocate to supplies 50,000 Expenditure-Increase supplies and services reallocated from capital (50,000) Net adjustment required to the ending fund balance $ 1,848,000 FUND 454 CITY OF BREMERTON 2016 ANTICIPATED REVENUES,EXPENDITURES AND CHANGES IN FUND BALANCE STORMWATER UTILITY For the Year Ended December 31,2016 Amended Proposed Adj Required Mid-Year Year-End From The Budget Budget Adopted Budget 2016 2016 2016 REVENUES Taxes Property $ - $ - $ - Sales - - - Other - - - Licenses and Permits - - - Intergovernmental 22,000 22,000 - Charges for Services 3,000,000 3,000,000 - Fines and Forfeitures 6,800 6,800 - Miscellaneous 1,000 1,000 - Transfers in&Other Revenue 20,000 20,000 - Total Revenues 3,049,800 3,049,800 - EXPENDITURES Personnel Expenses 1,036,375 1,036,375 - Supplies,Services,and Taxes 1,569,512 1,569,512 - Capital Expenditures - - - Debt Service 135,039 135,039 - Transfers Out 189,000 283,368 94,368 Total Expenditures 2,929,926 3,024,294 94,368 CHANGES IN FUND BALANCE Net change in working capital 119,874 25,506 (94,368) Fund Balances-beginning working capital 785,157 785,157 - Fund Balances-ending working capital $ 905,031 $ 810,663 $ (94,368) Budget Adjustments: Items Previously Approved by Council New Items Not Previously Approved by Council Expenditure-Increase transfers-out to Stormwater Capital Fund (94,368), Net adjustment required to the ending fund balance $ (94,368) FUND 481 CITY OF BREMERTON 2016 ANTICIPATED REVENUES,EXPENDITURES AND CHANGES IN FUND BALANCE STORMWATER CAPITAL For the Year Ended December 31,2016 Amended Proposed Adj Required Mid-Year Year-End From The . Budget Budget Adopted Budget 2016 2016 2016 REVENUES Taxes Property $ - $ - $ - Sales - - - Other - - - Licenses and Permits - - - Intergovernmental 60,000 60,000 - Charges for Services - - - Fines and Forfeitures - - - Miscellaneous 9,000 9,000 - Transfers in&Other Revenue 1,507,948 1,621,556 113,608 Total Revenues 1,576,948 1,690,556 113,608 EXPENDITURES Personnel Expenses - - - Supplies,Services,and Taxes 150,000 350,000 200,000 Capital Expenditures 1,869,300 1,854,300 (15,000) Debt Service - - - Transfers Out 185,000 - (185,000) Total Expenditures 2,204,300 2,204,300 - CHANGES IN FUND BALANCE Net change in working capital (627,352) (513,744) 113,608 Fund Balances-beginning working capital 1,724,359 1,724,359 - Fund Balances-ending working capital $ 1,097,007 $ 1,210,615 $ 113,608 Budget Adjustments: Items Previously Approved by Council Revenue-Increase transfers-in from CDBG for Lillian Walker Park Project 19,240 New Items Not Previously Approved by Council Revenue-Increase transfers-in from Stormwater Utility Fund 94,368 Expenditure-Decrease capital and reallocate to supplies for non-capital expenditures 200,000 Expenditure-Increase supplies and services for non-capital expenditures (200,000) Expenditure-Decrease transfers-out due to technical correction 185,000 Expenditure-Increase capital due to technical correction (185,000) Net adjustment required to the ending fund balance $ 113,608 • FUND 484 CITY OF BREMERTON 2016 ANTICIPATED REVENUES,EXPENDITURES AND CHANGES IN FUND BALANCE UTILITY DEBT RESERVE For the Year Ended December 31,2016 Amended Proposed Adj Required Mid-Year Year-End From The Budget Budget Adopted Budget 2016 2016 2016 REVENUES Taxes Property $ $ $Sales - Other - Licenses and Permits - Intergovernmental - Charges for Services - Fines and Forfeitures - Miscellaneous 12,900 12,900 - Transfers in and other 665,000 36,000 (629,000) Total Revenues 677,900 48,900 (629,000) EXPENDITURES Personnel Expenses - - Supplies, Services,and Taxes - - Capital Expenditures - - Debt Service - - Transfers Out 82,000 82,000 - Total Expenditures 82,000 82,000 - CHANGES IN FUND BALANCE Net change in working capital 595,900 (33,100) (629,000) Fund Balances-beginning working capital(I) 17,830 1,741,304 1,723,474 Fund Balances-ending working capital $ 613,730 $ 1,708,204 $ 1,094,474 New Items Not Previously Approved by Council Revenue-Decrease other revenue for bond proceeds not required from debt issue (629,000) Net adjustment required to the ending fund balance $ (629,000) (I) Previously excluded bond reserves unavailable for expenditure FUND 499 CITY OF BREMERTON 2016 ANTICIPATED REVENUES,EXPENDITURES AND CHANGES IN FUND BALANCE RISK MANAGEMENT INTERNAL SERVICE FUND For the Year Ended December 31,2016 Amended Proposed Adj Required Mid-Year Year-End From The Budget Budget Adopted Budget 2016 2016 2016 REVENUES Taxes Property $ - $ - $ - Sales - - - Other - - - Licenses and Permits - - - Intergovernmental - - - - Charges for Services - - - Fines and Forfeitures - - - Miscellaneous 1,540,040 1,540,040 - Transfers in - - - Total Revenues 1,540,040 1,540,040 - EXPENDITURES Personnel Expenses 240,000 255,000 15,000 Supplies, Services,and Taxes 1,300,040 1,343,040 43,000 Capital Expenditures - - - Debt Service - - - Transfers Out - - - Total Expenditures 1,540,040 1,598,040 58,000 CHANGES IN FUND BALANCE - Net change in working capital - (58,000) (58,000) Fund Balances-beginning working capital 2,047,322 2,047,322 - Fund Balances-ending working capital $ 2,047,322 $ 1,989,322 $ (58,000) Budget Adjustments: New Items Not Previously Approved by Council Expenditure-Increase personnel in for Worker's Compensation Disability Pay (15,000) Expenditure-Increase supplies and services under Worker's Compensation Professional Services (43,000) Net adjustment required to the ending fund balance $ (58,000) FUND 503 CITY OF BREMERTON 2016 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE ACCUMULATED LEAVE LIABILITY For the Year Ended December 31,2016 Amended Proposed Adj Required Mid-Year Year-End From The Budget Budget Adopted Budget 2016 2016 2016 REVENUES Taxes Property $ - $ - $ - Sales - - - Other - - - Licenses and Permits - - - Intergovernmental - - - Charges for Services - - - Fines and Forfeitures - - - Miscellaneous 165,000 165,000 - Transfers in - - - Total Revenues 165,000 165,000 - EXPENDITURES Personnel Expenses 175,000 500,000 325,000 Supplies,Services,and Taxes - - - Capital Expenditures - - - Debt Service - - - Transfers Out - - - Total Expenditures 175,000 500,000 325,000 CHANGES IN FUND BALANCE Net change in working capital (10,000) (335,000) (325,000) Fund Balances-beginning working capital 505,502 505,502 - Fund Balances-ending working capital $ 495,502 $ 170,502 $ (325,000) Budget Adjustments: Items Previously Approved by Council Items Not Previously Approved by Council Expenditure-Increase personnel for additional leave cash outs (325,000) Net adjustment required to the ending fund balance $ (325,000) FUND 507 CITY OF BREMERTON 2016 ANTICIPATED REVENUES,EXPENDITURES AND CHANGES IN FUND BALANCE EQUIPMENT RENTAL RESERVE For the Year Ended December 31,2016 Amended Proposed Adj Required Mid-Year Year-End From The Budget Budget Adopted Budget 2016 2016 2016 REVENUES Taxes Property $ - $ - $ - Sales - - - Other - - - Licenses and Permits - - - Intergovernmental - - - Charges for Services - - - Fines and Forfeitures - - - Miscellaneous 68,384 68,384 - Transfers in&Other Financing 956,000 956,000 - Total Revenues 1,024,384 1,024,384 - EXPENDITURES Personnel Expenses - - Supplies, Services, and Taxes 1,000 1,000 Capital Expenditures 1,277,000 1,277,000 - Debt Service - - Transfers Out&Other - - Total Expenditures 1,277,000 1,278,000 1,000 CHANGES IN FUND BALANCE Net change in working capital (252,616) (253,616) (1,000) Fund Balances-beginning working capital 4,089,615 4,089,615 - Fund Balances-ending working capital $ 3,836,999 $ 3,835,999 (1,000) Budget Adjustments: Items Previously Approved by Council New Items Not Previously Approved by Council Expenditure-Increase supplies and services for vehicle sale prep costs (1,000) Net adjustment required to the ending fund balance $ (1,000) FUND 510 CITY OF BREMERTON 2016 ANTICIPATED REVENUES,EXPENDITURES AND CHANGES IN FUND BALANCE INFORMATION SERVICES For the Year Ended December 31,2016 Amended Proposed Adj Required Mid-Year Year-End From The Budget Budget Adopted Budget 2016 2016 2016 REVENUES Taxes Property $ - $ - $ - Sales - - - Other - - - Licenses and Permits - - - Intergovernmental - - - Charges for Services 1,171,622 1,171,622 - Fines and Forfeitures - - - Miscellaneous - - - Transfers in - - - Total Revenues 1,171,622 1,171,622 - EXPENDITURES Personnel Expenses 569,300 569,300 - Supplies, Services,and Taxes 740,025 740,025 - Capital Expenditures 25,000 61,000 36,000 Debt Service - - - Transfers Out - - - Total Expenditures 1,334,325 1,370,325 36,000 CHANGES IN FUND BALANCE Net change in working capital (162,703) (198,703) (36,000) Fund Balances-beginning working capital 341,773 341,773 - Fund Balances-ending working capital $ 179,070 $ 143,070 $ (36,000) Budget Adjustments: Items Previously Approved by Council Expenditure-Increase capital for upgrades to storage area network(SAN). (36,000) • Net adjustment required to the ending fund balance $ (36,000) FUND 511 AGENDA BILL CITY OF BREMERTON 6A CITY COUNCIL SUBJECT: Final Public Hearing on Lease COUNCIL MEETING Date: December 7, 2016 Agreement with Claremont East Study Session Date: December 14, 2016 Retirement Apartments, Inc. COUNCIL MEETING Date: December 21, 2016 Department: Parks & Recreation Presenter: Jeff Elevado Phone: (360) 473-5428 SUMMARY: Claremont East Retirement Apartments currently leases 3,700 square feet of paved park property and 1,000 square feet of City right-of-way, located north of the Sheridan Park Community Center on the south side of Juniper Street for employee parking. This lease will expire on January 9, 2017 and representatives for Claremont have requested an extension of the lease for another 10 year term. On October 25, 2016, the Parks & Recreation Commission made a recommendation to City Council to approve a new lease. The Public Works Department has agreed to issue.a permit to allow use of 1,000 square feet of the Juniper Street right-of-way. In consideration for use of the leased City property, Claremont East will pay the City a monthly fee of$411.93 plus lease-hold excise tax, and provide the required liability insurance policy naming the City as additionally insured. The first public hearing was held on December 7 to accept public testimony. This is the second and final public hearing. The action before City Council is to now approve the Lease Agreement with Claremont East Retirement Apartments, Inc. ATTACHMENTS: 1) Lease Agreement; 2) Exhibit A: Legal Description; 3) Exhibit B: Right-of-Way Permit; 4) Attachment#1: Parks & Recreation Commission Advisory Report; and 5) Location Map FISCAL IMPACTS (Include Budgeted Amount): Approximately $5,578 annual revenue STUDY SESSION AGENDA: o No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda 0 General Business o(Final)Public Hearing RECOMMENDED MOTION: • Move to approve the Lease Agreement with Claremont East Retirement Apartments, Inc; 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 LEASE AGREEMENT (Claremont East Retirement Apartments, Inc.) This Lease is entered into on the date fully executed below by and between THE CITY OF BREMERTON, a municipal corporation of the State of Washington, (hereinafter referred to as "Lessor" or "City"), and CLAREMONT EAST RETIREMENT APARTMENTS, INC., a Washington corporation, (hereinafter referred-to as "Lessee"). RECITALS WHEREAS, the City now owns certain land and public Right-of-Way which Lessee has improved and been using for parking for its business; and WHEREAS, it is the parties' desire to enter into a ten (10) year lease in conjunction with the City issuing a Right-of-Way permit for use of this property to allow Lessee to continue to carry on its business, NOW,THEREFORE,the City and Lessee agree as follows: 1. PROPERTY. (a) Property Defined. The City leases to Lessee and Lessee leases from the City the real property described in Exhibit A, attached hereto and incorporated herein by this reference, together with all the rights of the City, if any, to improvements on and easements benefiting the property but subject to the exceptions and restrictions set forth in this Lease (hereinafter the "Property"). This Lease is granted in conjunction with the Right-of-Way permit issued by the City as set forth in Exhibit B, attached hereto and incorporated herein by this reference. A site map designating the lease area and the right-of-way permit area is included in Exhibit B and incorporated herein by this reference. (b) Survey, Maps, and Plans. Lessee is not relying upon and the City is not making any representations about any survey,plat, diagram, and/or legal description provided by the City. (c) Inspection. The City makes no representation regarding the condition of the Property,or the improvements located on the Property. 2. USE. (a) Permitted Use. Lessee shall have the right to maintain and use the Property for parking for its business and for no other business or purpose, without the prior , written consent of the City. The Property shall not be used for illegal purposes. It is agreed that this Lease shall not be construed as the City's waiver of land use or building code provisions that would otherwise apply to any improvements or uses of the site. (b) Restrictions on Use. Lessee shall not cause or permit any damage to natural resources on or adjacent to the Property. Lessee shall also not cause or permit any filling activity to occur on the Property without required permits. This requirement may pertain to moving deposits of rock, earth, ballast, refuse, garbage, waste matter (including chemical, biological or hazardous substances, or toxic wastes),hydrocarbons, any other pollutants, or other Claremont East Retirement Apartments,Inc. Page 1 of 11 Lease Agreement matter in or on the Property, except as is permitted herein and performed in the ordinary course of the business of Lessee's use and except as otherwise approved in writing by the City. If Lessee fails to comply with all or any of the restrictions on the use of the Property set out in this Subsection 2(b), the City shall notify Lessee and provide Lessee a reasonable deadline to take all steps necessary to remedy the failure. If Lessee fails to do so in a timely manner, then the City may take any steps reasonably necessary as determined by the City, to remedy this failure. Upon demand by the City, Lessee shall pay all costs of such remedial action, including but not limited to the costs of removing and disposing of any material deposited improperly on the Property. This section shall not in any way limit Lessee's liability under Section 8, below. The covenants contained in Section 2(b) shall survive expiration or termination of this Lease. (c) Conformance with Laws. Lessee shall, at all times, keep current and comply with all conditions and terms of any permits, licenses, certificates, regulations, ordinances, statutes, and other government rules and regulations regarding its use or occupancy of the Property. (d) Liens and Encumbrances. Lessee shall keep the Property free and clear of any liens and encumbrances arising out of or relating to its use or occupancy of the Property. 3. TERM. (a) Term. Defined. The term of this Lease is ten (10) years (the "Term"), beginning on the 10th day of January 2017 (the "Commencement Date"), and ending on the 9th day of January 2027 (the "Termination Date"), unless terminated sooner under the terms of this Lease. The Lease term in consistent with the term of the Right-of-Way permit set forth in Exhibit B. If there is a conflict, in the dates of the term of this Lease and the Right-of-Way permit, the dates of the term of the Right-of-Way permit shall prevail and shall serve as the dates of lease term of this Lease. (b) End of Term. Upon the expiration or termination of the Term, as applicable, Lessee shall surrender the Property to the City in the same or better condition as existed on the Commencement Date,reasonable wear and tear excepted. (c) Hold Over. If Lessee remains in possession of the Property after the Termination Date, the occupancy shall not constitute an extension or renewal of the Term. The occupancy shall be a month-to-month tenancy, on terms identical to the terms of this Lease, which may be terminated by either party on thirty (30) days written notice. The monthly rent during the holdover shall be the same rent which would be due if the Lease were still in effect and all adjustments in rent were made in accordance with its terms. If the City provides a notice to vacate the Property in anticipation of the termination of this Lease or at any time after the Termination Date and Lessee fails to do so within the time set forth in the notice, then Lessee shall be a trespasser and shall owe the City all amounts due under applicable law. 4. LEASE PAYMENT. (a) Monthly Payment. During the term of this Lease, Lessee agrees to pay. Lessor, without notice or demand, the sum of four hundred eleven dollars and ninety three cents ($411.93) per month ("Lease Payment") plus the leasehold tax as set forth in Section 5, in advance, • Claremont East Retirement Apartments, Inc. Page 2 of 11 Lease Agreement on or before the first day of the first full calendar month of the term hereof and a like sum on or before the first day of each and every successive calendar month thereafter during the term hereof. (b) Consumer Price Index Adjustments. The monthly Lease Payment shall be adjusted every year during the term(s) of this Agreement based upon the prior years' Consumer Price Index (CPI) for all urban consumers as published by the United States Department of Labor for Seattle-Tacoma-Bremerton, all items (1982-84-100). For purposes of the CPI adjustment, the base shall be the June 2016 CPI index June to June every year (i.e. June 2016- June 2017). The CPI adjustment shall occur on the following January 1st of each year during the term of this Agreement. Lessee shall make this payment to Lessor by the fifteenth day of the month following the end of each month. Lessee may prepay these monthly payments on a quarterly, semi-annual or annual basis or as otherwise approved by the Lessor. (c) Payment Place. Payment is to be made to the City of Bremerton, Attn: Director of Financial Services, 345 Sixth Street, Suite 600 Bremerton, Washington 98337. 5. OTHER EXPENSES. During the Term, Lessee shall pay the following additional expenses: (a) Leasehold Excise Tax, Other Taxes and Assessments. Lessee shall pay all taxes (including the leasehold excise tax on all lease amounts paid to the City pursuant to RCW 82.29A.030 currently in the amount of 12.84 percent and as may be adjusted pursuant to Ch. 82.29A RCW), assessments, and all other governmental charges, of any kind whatsoever, applicable or attributable to the Property, Lessee's leasehold interest, the improvements, or Lessee's use and enjoyment of the Property. Lessee shall pay quarterly to the City by the fifteenth day of the month following the end of each quarter, or as otherwise required by the State of Washington, the amount of the leasehold tax owing. Lessee may prepay these quarterly payment's on a semi-annual or annual basis or as otherwise approved by the City. 6. LATE PAYMENTS AND OTHER CHARGES. (a) Late Charge. If any rental payment is not received by the City within ten (10) days of the date due, Lessee shall pay to the City a late charge equal to ten percent (10%) of the amount of the Lease to defray the overhead expenses of the City incident to the delay. (b) Overdue Lease Payment. Unpaid installments of the Monthly Lease Payment or other sums due hereunder shall,if not timely paid, be subject to a later charge of Fifty and No/100 Dollars. ($50.00) to cover the excess costs of administration and shall bear interest from the date due of twelve percent (12%) until all rent and interest has been paid in full. Lessee hereby further agrees to pay any attorneys' fees and expenses incurred by Lessor by reason of Lessee's failure to pay Monthly Lease Payment.or other charges when due hereunder. (c) No Counterclaim, Setoff, or Abatement of Lease Payment. Except as expressly set forth elsewhere in this Lease, Lease Payments and all other sums payable by Lessee pursuant to this Lease shall be paid without the requirement that the City provide prior notice or demand, and shall not be subject to any counterclaim, setoff, deduction, defense or abatement. Claremont East Retirement Apartments,Inc. Page 3 of 11 Lease Agreement 7. IMPROVEMENTS. (a) Lessee-Owned Improvements. So long as this Lease remains in effect, Lessee shall retain ownership of all Existing Improvements and all authorized improvements it may place on the Property (collectively "Lessee-Owned Improvements"). Lessee-Owned Improvements shall not include any construction, reconstruction, alteration, or addition to the Property by the City (City-Owned Improvements) or any Unauthorized Improvements as defined in Subsection 7(d) below. No Lessee-Owned Improvements shall be placed on the Property without the City's prior written consent. (b) Construction. Prior to Lessee commencing any construction, alteration, replacement, removal or major repair of any improvements (whether City-Owned or Lessee- Owned), Lessee shall submit to the City plans and specifications which describe the proposed activity. Construction shall not commence until the City has approved those plans and specifications in writing and Lessee has obtained a performance and payment bond in an amount equal to 100% of the estimated cost of construction. The performance and payment bond shall be maintained until the costs of construction, including all laborers and material persons, have been paid in full. The City shall have thirty (30) days in which to review the proposed plans and specifications. The plans and specifications shall be deemed approved and the requirement for the City's written consent shall be treated as waived, unless the City notifies Lessee otherwise within the thirty (30) days. Upon completion of construction, Lessee shall promptly provide the City with as-built plans and specifications. The City's consent and approval shall not be required for any routine maintenance or repair of,improvements made by the Lessee pursuant to its obligation to maintain the Property in good order and repair that does not result in the construction, alteration, replacement, removal, or major repair of any improvements on the Property. The provisions of this section do not obviate any permit requirements that may apply to the proposed activity. (c) Removal. Unless otherwise agreed by the City in writing, Lessee-Owned Improvements shall not be removed by Lessee during the Lease term or upon expiration or termination of this Lease and upon expiration or termination of this Lease, shall become the property of the City without payment by the City. (d) Unauthorized Improvements. Improvements made on the Property without the City's prior consent pursuant to Subsection 7(b) or which are not in conformance with the plans submitted to and approved by the City ("Unauthorized Improvements") shall immediately become the property of the City, unless the City elects otherwise. Regardless of ownership of Unauthorized Improvements, the City may, at its option, require Lessee to sever, remove, and dispose of them, charge Lessee rent for the use of them, or both. If Lessee fails to remove an Unauthorized Improvement upon request, the City may remove it and charge Lessee for the cost of removal and disposal.. (e) Liens. Lessee shall keep the Property and Lessee's leasehold interest free from any liens arising out of any work performed, materials furnished, or obligations incurred by Lessee. 8. HAZARDOUS SUBSTANCES. Lessee shall not generate, release, spill, store, deposit, transport, or dispose of (collectively "Release") any hazardous substances, sewage, petroleum products, hydrocarbons, radioactive substances, medicinal, bacteriological, or disease- Claremont East Retirement Apartments, Inc. Page 4 of 11 Lease Agreement producing substances, hazardous materials, toxic substances or any pollutants or substances defined as hazardous or toxic in accordance with applicable federal, state, and local laws and regulations ("Hazardous Substances") in, on or about the Property. Lessee shall indemnify, defend and hold Lessor harmless from any and all claims, liabilities, losses, damages, cleanup costs, response costs, and expenses (including reasonable attorneys' fees) arising out of or in any way related to the Release by Lessee, or any of its agents, representatives, or employees, or the presence of such Hazardous Substances in, on or about the Property occurring at any time after the Commencement Date and arising out of the activities of Lessee, or any of its agents, representatives or employees. The provisions of this paragraph shall survive termination or expiration of this Lease. 9. ASSIGNMENT AND SUBLETTING. (a) City Consent Required. Lessee shall not sell, convey, mortgage, assign, pledge, sublet, or otherwise transfer or encumber all or any part of Lessee's interest in this Lease or the Property without the City's.prior written consent, which may not be unreasonably withheld by the City. Recognizing that the Lease serves property Lessee owns commonly known as Claremont East and is therefore an integral part of its property, Lessor agrees that Lessee or its assigns may assign its interests in the Lease to any subsequent purchaser of its property so that the leasehold interest transfers with ownership of the property. In the event of such consent, each permitted transferee shall assume all obligations under this Lease, including the payment of rent. No assignment,' sublet, or transfer shall release, discharge, or otherwise affect the liability of Lessee. (b) Rent Payments Following Assignment. The acceptance by the City of the payment of rent following an assignment or other transfer shall not constitute consent to any assignment or transfer. 10. INDEMNITY. (a) The City shall not be liable for any injury to any person or for any loss of or damage to any property (including property of Lessee) occurring in or about the leased Property and caused by or resulting from any act or omission by Lessee any officer, agent, employee, guest, invitee, or visitor of Lessee; and, during the full term hereof, Lessee agrees and covenants to indemnify, defend, and hold harmless the City and those persons who were, now are, or shall be duly elected or appointed officials or members or employees or agents thereof, against and from any loss, damage, costs, charge, expense, liability, claim, demand, or judgments of whatsoever kind or nature whether to persons or property, to the extent arising on said Property or on any areas adjoining the same, which is under the control or use of Lessee pursuant to this lease and arising out of*or in connection with Lessee's use and occupancy of said Property. The foregoing provision shall not be construed to make Lessee responsible for injuries to third parties caused by the negligence of Lessor or any officer, agent, employee, guest, invitee or visitor of Lessor. (b) Should a court of competent jurisdiction determine that this Lease is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of Lessee and the City, its officers, officials, employees, and volunteers, the Lessee's liability hereunder shall be only to the extent of the Lessee's negligence. Claremont East Retirement Apartments, Inc. Page 5 of 11 Lease Agreement IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE LESSEE'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51, RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. This waiver has been mutually negotiated by the parties. The provisions of Section 10 shall survive the expiration or termination of this Lease. 11. INSURANCE. (a) General Commercial Liability Insurance. Lessee, at its own expense, shall provide and keep in force with companies acceptable to Lessor comprehensive general liability insurance in the amount of not less than One Million Dollars ($1,000,000.00) per occurrence for bodily injury and property damage. Lessee shall furnish Lessor with a certificate of such policy within thirty (0) days of the Commencement Date of this Lease and whenever required shall satisfy Lessor that such policy is in full force and effect. Such policy shall name Lessor as an additional insured and shall be primary and noncontributing with any insurance carried by Lessor. The policy shall further provide that it shall not be canceled or altered without twenty(20) days prior written notice to Lessor. (b) Certificate of Insurance. Lessee shall provide to the City documentary evidence, certified by the insurer, of all insurance(s)required in this Lease. (c) Subrogation. The City shall not be liable to Lessee (by way of subrogation or otherwise) or to any insurance company insuring the other party for any loss or damage to any building, structure, or other tangible property, or any resulting loss of income, or losses under worker's compensation laws and benefits, if any such loss or damage is covered by insurance benefiting the party suffering such loss or damage or was required to be covered by insurance pursuant to this Lease. Lessee shall, upon obtaining the policies of insurance required give notice to the insurance carrier or carriers that the foregoing mutual waiver of subrogation is contained in this Lease. 12. MAINTENANCE AND REPAIR. (a) The City's Repairs. The City shall not be required to make any alterations, maintenance, replacements, or repairs in, on, or about the Property, or any part thereof, during the Term. (b) Lessee's Repairs, Alteration,Maintenance and Replacement. (i) Lessee shall, at its sole cost and expense, keep and maintain the Property and all improvements in good order and repair, in a clean, attractive, and safe condition including maintenance of the parking area, signage, striping and sweeping. (ii) Lessee shall, at its sole cost and expense, make any and all additions, repairs, alterations, maintenance, replacements, or changes to the Property or to any improvements on the Property which may be required by any public authority. (iii) All additions, repairs, alterations, replacements or changes to the Property and to any improvements on the Property shall be made in accordance with, and ownership shall be governed by, Section 7, above. Claremont East Retirement Apartments,Inc. Page 6 of 11 Lease Agreement 13. DAMAGE OR DESTRUCTION. (a) In the event of any damage to or destruction of the Property or any improvements, Lessee shall promptly give written notice to the City. (b) Unless this Lease is terminated,there shall be no abatement or reduction in rent due to any damage or destruction of the Property. • 14. DEFAULT AND REMEDIES. (a) Acts Constituting Default. Lessee shall be in default of this Lease on the occurrence of any of the following: (i) Failure to pay the Lease Payments or other expenses when due; (ii) Failure to comply with. any law, regulation, policy, or order of any lawful governmental authority; (iii) Failure to comply with any other provision of this Lease; (iv) Failure to cure a default pursuant to Section 14(b) below; (v) Lessee vacates or abandons the Property; (vi) Failure to comply with the terms of the Right-of-Way permit set forth in Exhibit B; or (vii) Proceedings are commenced by or against Lessee under any bankruptcy act or for the appointment of a trustee or receiver of Lessees'property. (b) Failure to Cure. A default shall become an event of default ("Event of Default") if Lessee fails to cure the default within thirty (30) days after the City provides Lessee with written notice of default, which specifies the nature of the default. Notice of default is not required in the case Lessee vacates or abandons the Property or the Lease is terminated as a result of a revocation of the Right-of-Way permit as set forth in Section 15(d) below. 15. REMEDIES ON DEFAULT. (a) Termination and Re-entry. In the event of any default or breach by Lessee, Lessor may, at any time thereafter with or without notice, terminate this Lease by written notice to Lessee and the Lessor shall have the right to enter upon the Property and re-take possession thereof (b) Removal of Personal Property. In the event of a retaking of possession of the Property by Lessor, Lessee shall remove all personal property located thereon and upon failure to do so upon demand of Lessor, Lessor may remove and store the same in any place selected by Lessor, including but not limited to a public warehouse, at the expense and risk of Lessee. If Lessee shall fail to pay the cost of storing any such property after it has been stored for a period of thirty (30) days or more, Lessor may sell any or all of such property at a public or private sale and shall apply the proceeds of such sale first to the cost of such sale, secondly to the payment of the charges for storage, if any, and thirdly to the payment of any other sums of money which may be due from Lessee to Lessor under the terms of this Lease, and the balance, if any,to Lessee. Lessee hereby waives all claims for damages that may be caused by Lessor's lawfully reentering and taking possession of the Property or lawfully removing and storing the property of Lessee as herein provided and will save Lessor harmless from loss or damages occasioned by Lessor thereby, whether such lawful reentry shall be considered or construed to be a forcible entry. Claremont East Retirement Apartments, Inc. Page 7 of 11 Lease Agreement (c) Remedies Cumulative. The remedies hereinafter described shall be cumulative and Lessor shall be entitled to pursue any other remedy now or hereafter available to Lessor under the law or judicial decisions of the State of Washington. 16. TERMINATION OF LEASE WITH PERMIT OR SALE OF TAX PARCEL. (a) Right of Way Permit. Lessee acknowledges that the Right-of-Way issued in conjunction with this Lease is an integral part of this Lease and further that said permit is conditionally issued subject to the Lessor's use and need for the permitted Right-of-Way. Since this Lease and the Right-of-Way permit set forth in Exhibit B are inter-connected, a revocation of the Right-of-Way permit shall constitute a termination of this Lease without further notice, and likewise, a termination of this Lease pursuant to the provisions hereof shall constitute a revocation of the Right-of-Way permit without further notice. Lessee acknowledges that in the event the Lessor has a need for the permitted Right-of-Way for any purpose, the Right- of-Way permit may be revoked and this Lease terminated accordingly. A notice of default is not required in the event this Lease is terminated due to a revocation of the Right-of-Way permit. . (b) Lessor Sale of Parcel. Lessor may terminate Lease without cause, with one hundred eighty (180) days written notice to Lessee, if Lessor determines it is in the Lessor's best interest to sell the parcel upon which the leased property lies, Tax parcel number 3966-001-001- 003, and does in fact sell the parcel. 17. ENTRY BY LESSOR. The City shall have the right to enter, the Property at any time to inspect for compliance with the terms of this Lease. The City and/or City's agents shall comply with all of Lessee's work safety rules and restrictions, including but not limited to following Lessee's warning instructions and, without prior approval of the Lessee, keep out of restricted areas of the Property due to pesticide, fertilizer, and other chemical and hazardous substance exposures on the Property. • 18. NOTICE. Any notices required or permitted under this Lease may be personally delivered, delivered by facsimile machine, or mailed by certified mail, return receipt requested, to the following addresses or to such other places as the parties may direct in writing from time to time: Lessor: Director of Parks and Recreation City of Bremerton 345 Sixth Street, Suite 600 Bremerton,Washington 98337 Lessee: Claremont East Retirement Apartments, Inc. 2707 Clare Avenue Bremerton, Washington 98310 Claremont East Retirement Apartments,Inc. Page 8 of 11 Lease Agreement A notice shall be deemed given and delivered upon personal delivery, upon receipt of a confirmation report if delivered by facsimile machine, or;three (3) days after being mailed as set forth above, whichever is applicable. 19. GENERAL PROVISIONS. Lessor and Lessee agree to the following general provisions: (a) Authority. Lessee and the person or persons executing this Lease on behalf of Lessee represent that Lessee is qualified to do business in the State of Washington, that Lessee has full right and authority to enter into this Lease, and that each and every person signing ' on behalf of Lessee is authorized to do so. (b) Successors and Assigns. The covenants and conditions herein contained, subject to the provisions as to assignment, apply to bind the heirs, successors, executors, administrators, and assigns of the parties hereto. (c) Entire Agreement. This Lease, including the exhibits and addenda, if any, contains the entire agreement of the parties. All prior and contemporaneous agreements, promises, representations, and statements relating to this transaction or to the Property, if any, are merged into this Lease. (d) Modification. No provision of this Lease may be amended or added to except by agreement in writing signed by the parties hereto or their respective successors in interest.The City shall not be bound by any oral representations or statements. (e) Cumulative Remedies. The rights and remedies of the City under this Lease are cumulative and in addition to all other rights and remedies afforded to the City by law or equity or otherwise. (f) Time is of the Essence. Time is of the essence of this Lease and each and all of its provisions in which performance is a factor. (g) Severability. Any provisions of this Lease which shall prove to be invalid, void, or illegal shall in no way affect, impair, or invalidate any other provision hereof and such other provision shall remain in full force and effect. (h) Applicable Law and Venue. This Lease shall be interpreted and construed in accordance with the laws of the State of Washington. Any reference to a statute shall mean that statute as presently enacted or hereafter amended or superseded. Venue for any action arising out of or in connection with this Lease shall be in the Superior Court for Kitsap County, Washington. (i) Waiver. No waiver of default by either party of any of the terms, covenants and conditions hereof to be performed, kept and observed by the other party shall be construed as, or operate as, a waiver of any subsequent default of any of the terms, covenants and conditions herein contained, to be performed,kept and observed by the other party. (k) Survival of Covenants. The covenants contained herein survive the termination or expiration of the Lease for the applicable statute of limitation periods. (1) Quiet Enjoyment. The City covenants and agrees that Lessee, upon performing the terms and conditions of the Lease, may peacefully hold and enjoy the Property during said term without any interruption by the City, its successors or assigns. City will use its best efforts not to interfere with Lessee's business or right of access to and from the Property during the term of this Lease. Claremont East Retirement Apartments, Inc. Page 9 of 11 Lease Agreement (m) Recording of Short Form Lease. Neither the City nor Lessee may record this Lease without the other's prior approval, but the parties will at any time at the request of either party promptly execute duplicate originals of an instrument, in recordable form, which will constitute a short form of this Lease, setting forth a description of the Property, the terms of this Lease and other provisions hereof, except the rental and other provisions as either party may request, which may be recorded. (n) Paragraph Headings. The paragraph or section headings of this Lease are not a part of this Lease and shall have no effect upon the construction or interpretation of any part hereof. (o) Duplicate Originals. This Lease Agreement may be executed in duplicate originals. IN WITNESS WHEREOF, the parties hereto have executed this Lease on the date of the last signature below. CITY OF BREMERTON CLAREMONT EAST RETIREMENT APARTMENTS, INC. By: Patty Lent By: Its: Mayor Its: Date: Date: APPROVED AS TO FORM Roger A. Lubovich, City Attorney [Notaries are on next page] • Claremont East Retirement Apartments,Inc. Page 10 of 11 Lease Agreement STATE OF WASHINGTON ) ) § COUNTY OF KITSAP ) I certify that I know or have satisfactory evidence that Patty Lent is the person who appeared before me, and acknowledge that she signed this instrument, on oath stated that he was authorized to execute the instrument, and acknowledge it a Mayor of the City of Bremerton to be the free and voluntary act of such City for the uses and purposes mentioned in the instrument. WITNESSETH my hand and seal this day of 2016 NOTARY PUBLIC in and for the State of Washington, residing at My commission expires STATE OF WASHINGTON ) ) § COUNTY OF KITSAP ) I certify that I know or have satisfactory evidence that Patty Lent is the person who appeared before me, and acknowledge that she signed this instrument, on oath stated that he was authorized to execute the instrument, and acknowledge it a Mayor of the City of Bremerton to be the free and voluntary act of such City for the uses and purposes mentioned in the instrument. WITNESSETH my hand and seal this day of 2016 NOTARY PUBLIC in and for the State of Washington, residing at My commission expires R:\Legal\Legal\Contracts\PARKS\Claremont East Retirement Apt.-Lease Agreement.docx Claremont East Retirement Apartments, Inc. Page 11 of 11 Lease Agreement EXHIBIT A LEGAL DESCRIPTION LEASE AREA 1 JUNIPER STREET THAT PORTION OF PARCEL 1, BLOCK 1, 2ND ADDITION TO SHERIDAN PARK, AS PER PLAT RECORDED IN VOLUME 8 OF PLATS, PAGES 74 AND 75, RECORDS OF KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE.INTERSECTION OF THE CENTERLINES OF JUNIPER STREET AND CLARE AVENUE WITHIN SAID PLAT OF 2ND ADDITION TO SHERIDAN PARK; THENCE NORTH 87°25'29" WEST ALONG THE CENTERLINE OF SAID JUNIPER STREET 37.14 FEET TO THE BEGINNING OF A 541.65 FOOT RADIUS CURVE; THENCE ALONG SAID CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 7°50'49" FOR AN ARC DISTANCE OF 74.18 FEET; THENCE SOUTH 10°25'20" WEST ALONG A RADIAL LINE TO SAID CURVE 20.00 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID JUNIPER STREET AND THE POINT BEGINNING; THENCE WESTERLY ALONG SAID RIGHT-OF-WAY LINE BEING A 561.65 FOOT RADIUS CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 13°17'09" FOR AN ARC DISTANCE OF 130.24 FEET; THENCE NORTH 66°17'31" WEST ALONG SAID RIGHT-OF-WAY LINE 73.35 FEET; THENCE LEAVING SAID RIGHT-OF-WAY LINE SOUTH 13°34'47" WEST 5.28 FEET; THENCE SOUTH 66°17'31" EAST 72.42 FEET TO THE BEGINNING OF A 566.85 FOOT RADIUS CURVE; THENCE ALONG SAID CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 13°17'09" FOR AN ARC DISTANCE OF 131.44 FEET; THENCE NORTH 10°25'20" EAST 5.20 FEET TO THE POINT OF BEGINNING. Page 1 of 2 EXHIBIT A LEGAL DESCRIPTION LEASE AREA 2 JUNIPER STREET THAT PORTION OF PARCEL 1, BLOCK 1, 2ND ADDITION TO SHERIDAN PARK, AS PER PLAT RECORDED IN VOLUME 8 OF PLATS, PAGES 74 AND 75, RECORDS OF KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE CENTERLINES OF JUNIPER STREET AND CLARE AVENUE WITHIN SAID PLAT OF 2ND ADDITION TO SHERIDAN PARK; THENCE NORTH 87°25'29" WEST ALONG THE CENTERLINE OF SAID JUNIPER STREET 37.14 FEET TO THE BEGINNING OF A 541.65 FOOT RADIUS CURVE; THENCE ALONG SAID CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 7°50'49" FOR AN ARC DISTANCE OF 74.18 FEET; THENCE SOUTH 10°25'20" WEST ALONG A RADIAL LINE TO SAID CURVE 2. 0.00 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID JUNIPER STREET; THENCE WESTERLY ALONG SAID RIGHT-OF-WAY LINE BEING A 561.65 FOOT RADIUS CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 13°17'09" FOR AN ARC DISTANCE OF 130.24 FEET; THENCE NORTH 66°17'31" WEST ALONG SAID RIGHT-OF-WAY LINE 98.08 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY NORTH 66°55'43" WEST 148.38 FEET; THENCE LEAVING SAID RIGHT-OF-WAY LINE SOUTH 12°55'43" WEST 17.89 FEET; THENCE SOUTH 65°54'18" EAST 140.35 FEET; THENCE NORTH 37°55'03" EAST 19.10 FEET TO THE POINT OF BEGINNING. Page 2 of 2. EXHIBIT B Permittee: WC Bremerton LLC Location: 600 block of Juniper Street LONG-TERM TYPE C RIGHT-OF-WAY USE PERMIT THIS PERMIT is made and entered into this day of by and between the CITY OF BREMERTON, a municipal corporation hereinafter referred to as "City" and WC Bremerton LLC. hereinafter referred to as "Permittee". WITNESSETH: In consideration of the covenants, promises and terms contained herein, the parties hereby agree as follows: 1. Location of Property. City hereby permits the Permittee to use the following described location within the City right-of-way: 5 feet x 203 lineal feet on the south side of Juniper Street per attached exhibit map; hereinafter referred to as "Property". 2. Use of Property. Permittee shall have the use and occupancy of the Property for the purpose of: Occupying with vehicle parking Permittee understands and agrees that the right-of-way can not be used to meet development standards or permit requirements such as parking, landscaping, set back or buffer area on a permanent basis. 3. Term. The term of this Permit shall be ten (10) years, commencing on the day of , 20 , and terminating ten (10)years thereafter. 4. Permit Fees. Permittee shall pay City for the use of said Property the sum of $ 65.02. 5. Repairs and Maintenance. Permittee agrees to accept all responsibility for maintenance of all improvements placed on the Property by the Permittee and to keep the Property and any such improvements thereon in a state of good repair and to maintain them at all times so as not to cause any safety hazard nor visual blight on the Property. Permittee agrees to perform City directed repairs and maintenance within 30 days of written notice from the City. 6. Ownership of Improvement. All improvements erected by Permittee on the Property shall remain the property of the Permittee. 7. Compliance with Law. In the use of Property, Permittee shall fully comply with all applicable federal, state, county and municipal laws, ordinances and regulations. 8. Insurance. Permittee,'at its own expense, shall provide and keep in force with companies reasonably acceptable to City comprehensive general liability insurance in the amount of not less than $1,000,000 per occurrence for bodily injury and property damage. Permittee shall provide the City's Risk Manager with a certificate of insurance evidencing this coverage and indicating that the City is an additional named insured thereunder. Type C—ROW Permit 1 Permittee:WC Bremerton LLC Permit No 9. Indemnification. Permittee shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with this permit, except for that portion of the injuries and damages caused by the City's sole negligence. This provision shall survive the expiration or termination of the permit. Permittee shall immediately notify the City of any cancellation of insurance coverage. 10. Default. If Permittee defaults or breaches any covenant or condition of the Permit, City may declare a forfeiture of this Permit for such default. 11. Notices. All notices to be given by either of the parties hereto to the other party shall be in writing and may either be delivered personally or may be deposited in the United States mail, postage prepaid, as either certified or regular mail, addressed as specified below, or to such other designate in writing. 12. Waiver of Default. No waiver of default of either party of any of the terms, covenants, and conditions hereof to be performed, kept and observed by the other party shall be construed as, or operate as, a waiver of any subsequent default of any of the terms, covenants, and conditions herein contained, to be performed, kept and observed by the other party. City: Permittee: City of Bremerton WC Bremerton LLC City Clerk 2707 Clare Avenue 345 6th St. Suite 600 Bremerton, WA 98310 F . Bremerton, WA 98337 IN WITNESS WHEREOF, the parties hereto have executed this Permit as of the date first herein above written. PERMITTEE: Date: By: Title: CITY OF BREMERTON Date: By: Mayor DEPARTMENT APPROVAL: Director, Public Works and Utilities Type C—ROW Permit 2 Permittee:WC Bremerton LLC i Permit No • LEGAL DESCRIPTION R/W PERMIT AREA JUNIPER STREET THAT PORTION OF JUNIPER STREET SITUATED WITHIN THE PLAT OF 2ND ADDITION TO SHERIDAN PARK, AS PER PLAT RECORDED IN VOLUME 8 OF PLATS, PAGES 74 AND 75, RECORDS OF KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE CENTERLINES OF JUNIPER STREET AND CLARE AVENUE WITHIN SAID PLAT OF 2ND ADDITION TO SHERIDAN PARK; THENCE NORTH 87°25'29" WEST ALONG THE CENTERLINE OF SAID JUNIPER STREET 37.14 FEET TO THE BEGINNING OF A 541.65 FOOT RADIUS CURVE; THENCE ALONG SAID CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 7°50'49" FOR AN ARC DISTANCE OF 74.18 FEET; THENCE SOUTH 10°25'20"WEST ALONG A RADIAL LINE TO SAID CURVE 20.00 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID JUNIPER STREET AND THE POINT OF BEGINNING: THENCE WESTERLY ALONG SAID RIGHT-OF-WAY LINE BEING A 561.65 FOOT RADIUS CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 13°17'09" FOR AN ARC DISTANCE OF 130.24 FEET; THENCE NORTH 66°17'31"WEST ALONG SAID RIGHT- OF-WAY LINE 73.35 FEET; THENCE LEAVING SAID RIGHT-OF-WAY LINE NORTH 23°42'29" EAST 5.00 FEET; THENCE SOUTH 66°17'31" EAST 73.35 FEET TO THE BEGINNING OF A 556.65 FOOT RADIUS CURVE; THENCE ALONG SAID CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 13°17'09" FOR AN ARC DISTANCE OF 129.08 FEET; THENCE SOUTH 10°25'20" WEST 5.00 FEET TO THE POINT OF BEGINNING. . . e . 1+ NORTH: per Plot NJ • —ami......._<M5011011 ).....,- •?:Len, / 1 co 5. / SCALE: l'...--50' i 1 P I . , r - _ n") / , N1-. I. 1-- r.r_r.r,r, r-. r. r... r, ,, )3 NW 'i\-, =P• tO Co NI 01 th A Li Iv --: f.., t*t 4/ r 1. .0 C.,I N) (,) 222221-422220) Cr,l's.) cn --. - •••••1-4 Ch •••• Cr) -• Co Co 2 01 (+1 01 C) C. N) •1 a) (..., cri 0 s4 rri tn •-t 4.:st ni Ni Ui Ui-4 L.: -4 Nj rki I. I ..-.i !...,4 N.i.!...,:q ki•PZ 8.,...i..4:(.4 ig Is--,, ....,...f co it Cr) ' • ic)..0.113:1,6 6;07 rn ri k rn rn r•I 1,1 r'l rri •15 ..+P11-4 s^ CA '...+ ii;.:t•5."N P N i ::: / C17 -,Is< (..,0(.., c. N3 Ca -.. NI N3 ..la E:, +. q) i • 11:'3 ,A th Cl Cli Q.Q.III C)..4.M.NI CI 4.t / lir-14V • _..1 0'- 43 X°7 l I ........-..... fe.. .1.10WMMMIOn. 0 (.1 ...I 0 11 11 Z • ...1 0 a c ,,,,,,,,,,,,,,, ri °1S- / 1 C::' 0 Old St, • ,- f 1 / / / ... , ....71•.1. .....t1 C3L 1.••14k 1 _am v-4 • ........4%V. vv."Ig ,.,: vv. Fri '.1 I ,..9.•C' .4 4,.` :14 (r) tr r.". 1.• 'Y OP %. 1,1 / i s/ / ! 1. .L., -,,, t Da c,iii II , 1:1 i •,,,,,,,,,,, 4` ';..1 iv i Ri, ,-i 0, . 1 , 0 ‘.... v ic, ) !'4 Y );' hi iI . "7\Orb ill 13, ' A30Y000 (43 . I I , ......- • . Op- te, , /-.T•je e",.., t C-30C3C) -- I - 2'•Iv.LI NI ".. ,..- .,,, . rl l.r .1 k ,,,,A1 I i . ' • • V 20' 20' ...• . . ._.••••-• . cn cn co cn -- . - ' ;-•••• 5o 53, 7-, (7., c-> — C). ... • , ., . . --1 ' , CLARE i-4 R,' z.: _,,N RI. F-1-° ----• — - — ---- . 4..) O ik r,,--' C) (..• AVENUE — . • • C74 (-.".: (..:4 N ' ••.1'`.4 ‘,I° .I.--, CS 0".d-P) ••••4 • 4:1 W3 LC,(0,. l• . , . , • N.. . e 4-°- DWN A AES EXHIBIT MAP R.L •• • , FOR: CLAREMENT EAST DATE; JOB No. • _,:i •CONSIMA.NTS, INt.... RETIREMENT APARTMENTS 7145/06 2330 . ---• p.c.Box 93a•511.0.0kf,WA.9113E13•(31CA2-6406 I . . • • . ' . • • • I , ,, „ , . ',.,,,' CITY OF BREMERTON 3027 Olympus Drive, Bremerton, WA 98310-4799 (360) 473-2325 I Ftr,EVV,t1i;"4,:' APPLICATION FOR TYPE "A”, TYPE "B" AND TYPE "D" RIGHT-OF-VVAY USE PERMIT APPLICANT INFORMATION Name: Company:, Address: Phone No.: Fax Na _ :Owner's Name (if different than above): ITax Lot Number: PERMIT TYPE: b "A" - No Disturbance . o "13' - Disturbarice o "D" - Franchise Utility Routine Maintenance LOCATION: PROPOSED,USE: DURATION OF USE: START OF WORK: ATTACHMENTS: o Certificate of Insurance o Scaled Site Plan Showing Proposed Use of the Right-of-Way o Construction Cost Estimate •(bond or cash deposit may be required o Fees' For City Use Only RECEIVED: BY: o Traffic Plan Required o Performance Deposit Required Completed Date: o Warrantee Deposit Required a Conditions (Attached) Inspected By: 1 of 10 , Utilitydesk/formairowpermits 5/01/05 .,. i QITY OF BRIENIERTON ENGINEERING DIVISION , 1 3027 Olympus Drive BREmERTot.4Bremerton, WA 98310 1 Phone (360)4712325 Fax (860)471.5398 Permit Counter Hours: 8:00 a.m. - 12:00 p.m. , R1GHTIOF-WAY USE PERMITt, (BMC 11.02) General: Right-of-Way Use Permits are required for any use of the right-of-way that requires blockage, diaturbance, ora long term use of the right-Of-Way. Classification of Permit types areas follows:. O Type "A" Permit—Short Term Use: Issued for use cif the right-Of-Way'for up tofour weeks for purposes which do not include the physical disturbance of the right-of-way. Such use includes but is not limited to: lane closures, staging equipment, storing materials; and placing dumpsters in the right-of-way. Type "B" Permit— Disturbance of City Right;,ofMay: Issued'for activities that alter the appearance of or disturb the surface or sub-surface of the right-of-way on a temporary or permanent basis Such use includes but is not limited to curb, gutter,,sidewalk, and driveway construction, boring and jacking.;trenching and utility installation. Type "B" Permits are issued fOr up to 1-20 days with extensions available, * Type "Iv'Permit— Long Long Term Use: Issued'for right-of-Way use forattlyities for-extended, periods of time which,will not further disturb the right-of-way once in place. Such use includes Nit is not limited to: structures, facilities, and uses,that involve capital expenditures and a long term commitment of use. "Type C" permits may be issued for a term of up to five years; O Type "D" Permit.--Franchised Utility Routine Maintenance Permit: Issued fOr franchised utilities'as defined'in the BMC to perform routine maintenance on existing overhead lines and for entry into underground facilities that do not require disturbance of the right-of-way. . Type "D" permits are issued for a term of up to one year, 2 of 10 UtililydSkiforms/rowpertnits 1/3'/2011' Application: Bremerton Municipal Code Chapter 11.02 states that applications shall be made • ten days prior to start of work or as required to obtain other City permits. A complete application shall include the following information: • A scale drawing showing the location of the proposed right-of-way use, the location of the existing and proposed improvements, above ground features such as type of pavement, curbs and gutters, sidewalk location, underground features such as the location of all existing utilities, survey monuments and established corners, and the limits of the work area. • Description of use • The planned duration of use • Applicant contact information • Traffic Control.Plan (if applicable) • Certificate of Insurance naming the City of Bremerton as additional insured (see Page 5 for specific requirements). Homeowners doing their own repair/construction work on the right-of-way adjacent to their property need only provide proof of Homeowners Insurance • Estimate of construction costs • Payment of the required fees Processing Applications: Upon receipt of the application the City will review it for completeness and will inspect the area of work to verify the accuracy of the plans. Complete applications will be processed as expeditiously as possible and in the order in which they are received. Incomplete applications may delay processing. If a performance deposit is required, the City will determine the amount of the deposit and notify the applicant that the deposit will be required prior to issuing the permit. Performance and Warranty Deposits: Upon final review of the application the city will require a performance deposit from the applicant. Performance deposits shall be 150% of the estimated cost of construction and may take the form of cash, an assignment of funds, a non-revocable letter of credit or a bond. A bond will only be accepted for amounts over $1000. Prior to release of a performance deposit the City may require a warranty deposit which shall remain in effect for two years after the completion of construction. Interest earned on cash deposits will be retained by the City for account administration. Materials Testing: Materials testing may be required in conjunction with a Right-of--Way Use Permit. If • required, the permitee will be responsible to retain the services of a materials testing laboratory and provide copies of test results to the Department of Public Works and Utilities. Required testing may include but not be limited to: soil compaction, concrete slump, and concrete cylinder tests, etc. • 3of10 U ti l ityd es k/for m s/rowpe rm i is 1/3/2011 Issuance: Once the use has been approved and all fees and instruments are inplace, the city will issue the Right-of-Way Permit. Applicant Responsibilities: The applicant shall be responsible to meet all conditions of the permit including but not limited to the following: • Keep a copy of the permit on-site at all times. • Provide all traffic control devices and signage as necessary to execute the work in a safe manner and as outlined in any traffic safety plans. • Request utility locates. Call 811. • Keep the right-of-way free of dirt and debris. • Give notice of work and call for required inspections. • Repair any portion of the right-of-way that has become damaged during the course of the work. • Repair or replace any rejected work. • Restore all areas of work to an acceptable condition prior to final inspection. • Notify the inspector one working day prior to starting work, prior to all required inspections, and within one working day after the work has been completed. . • 4of10 U ti I itydesk/forms/rowpermits 1/3/2011 Certificate of Insurance: A. General Provision: The applicant shall obtain and submit a general liability insurance policy, written on an occurrence basis. Limits shall be one million dollars ($1,000,000) for bodily injury and property damage. The City shall be listed as additional insured on the policy. The City Risk Manager must approve alternate methods of meeting these requirements. B. A homeowner or tenant who repairs, constructs, or uses the right-of-way fronting their residence and who, in the case of repair or construction, performs all the labor themselves will not be required to obtain insurance as set forth in sub-section "A" of this section. Prior to issuance of such a permit, the homeowner or tenant will be required to provide proof of homeowners or renters insurance in the amount of at least one hundred thousand dollars ($100,000) for bodily injury and property damage unless, in the Director's discretion, this requirement is waived after consideration of the nature of the proposed use or work and the need to reasonably protect the City's interest. THE STANDARD INDUSTRY CERTIFICATE OF INSURANCE (ACCORD FORMS) MUST BE MODIFIED AS FOLLOWS: THE CANCELLATION CLAUSE APPEARING ON THE CERTIFICATE MUST BE REVISED AS FOLLOWS: "Should any of the above described policies be cancelled before the expiration date thereof, the issuing company will mail 30 days written notice to the certificate holder named to the left." THE "SPECIAL ITEMS" BOX MUST CONTAIN THE FOLLOWING WORDING: "The City of Bremerton is named an additional insured with respect to work in the right-of-way." The certificate holder is: The City of Bremerton 3027 Olympus Drive Bremerton, WA 98310 AN ENDORSEMENT FORM MUST BE INCLUDED WITH THE CERTIFICATE. The City ONLY ACCEPTS Endorsement form numbers CG 20 12** **, CG 20 26** **, BP 04 12** **, or ASIC TSR002 10 ** ** (See attached Samples). The city is issuing a permit and the contractor is not under contract with the City. Endorsement forms indicating such are not acceptable. The city Risk manager must approve all other endorsements. CERTIFICATES THAT DO NOT MEET THESE REQUIREMENTS WILL NOT BE ACCEPTED. 5 of 10 Utilitydesk/forms/rowpermits 1/3/2011 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 20 12 07 98 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -- STATE OR POLITICAL SUBDIVISIONS -- PERMITS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE State or Political Subdivision: THE CITY OF BREMERTON 3027 OLYMPUS DRIVE BREMERTON,WA 98310 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Section II-Who is an Insured is amended to include as an 2. This insurance does not apply to: insured any state or political subdivision shown in the a. "Bodily injury", "property damage"or Schedule,subject to the following provisions. "personal and advertising injury"arising out of operations performed for the state or 1. This insurance applies only with respect to municipality; or operations performed by you or on your behalf for which the state of political subdivision has issued a b. "Bodily injury"or"property damage" permit. included within the"products-completed operations hazard". FOM CG 2012 07 98 Copyright, Insurance Services Office, Inc., 1997 Page 1 of 1 6 of 10 Utilitydesklforms/rowpermits 1/3/2011 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON or ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE NAME OF PERSON OR ORGANIZATION: City of Bremerton Attn: Engineering Division 3027 Olympus Drive Bremerton,WA 98310 Re: Any and all work performed by the named insured (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule but only with respect to liability arising out of your operations or premises owned by or rented to you. t ` f LE INSURANCE .FORM CG 20 26 11 85 Copyright, Insurance Service Office, Inc., 1984 7 of 10 Utilitydesk/forms/rowpe rm its 1/3/2011 POLICY NUMBER: BUSINESSOWNERS THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIMITATION OF COVERAGE TO DESIGNATED PREMISES OR PROJECT This endorsement modifies insurance provided under the following: BUSINESSOWNERS POLICY SCHEDULE* Premises: Project: The following is added to the Business owner 1. The ownership, maintenance or use of Liability Coverage form: the premises shown in the Schedule and operations necessary or incidental to This insurance applies only to"bodily injury", those premises;or "Property damage", "personal injury", "advertising Injury"and medical expenses arising out of: 2. The project shown in the Schedule. SAMPLE INSUR C FORM *Information required to complete this Schedule, if not shown on this endorsement, will be shown in the Declarations. BP 04 12 01 87 Copyright, Insurance Services Office, Inc., 1985 Page 1 of 1 8 of 10 Uti litydes k/formsf rowpermits 1/3/2011 p BREMERTON PARKS AND RECREATION COMMISSION 680 LEBO BOULEVARD • BREMERTON, WA 98310-5841 TEL: 360.473.5305, FAX: 360.473.5882 • www.ci.bremerton.wa.us CITY Of ? �� BREMERTON k i Q ,iaofd 1q Liz'* iz December 6, 2016 To: Bremerton City Council and Mayor Patty Lent RE: Advisory Report on request to extend lease Per the procedures contained within"The Ordinance Providing Protection for Bremerton's Parks, Play Fields, Open Spaces and Recreation Facilities" (BMC 13.12), the Bremerton Parks and Recreation Commission is pleased to present this Advisory Report on the proposed lease of parks property located at Sheridan Park Community Center for your consideration. The Parks and Recreation Commission has reviewed the proposal to renew the existing lease of park property by Claremont East Retirement Apartments, Inc. for parking and believe that it is in the best interest of the City and the Parks and Recreation Department to proceed with this lease. In its review, the Commission has considered this proposal at two of its regularly scheduled Commission meetings: • October 25th, 2016 regular Parks & Recreation Commission meeting. A motion was made and approved unanimously to recommend City Council approve the Lease Agreement between the City of Bremerton and Claremont East Retirement Apartments, Inc., subject to the suggested term adjustment to a 5-year initial term followed by a 5-year automatic renewal in place of the proposed 10-year term. • December 6th, 2016 regular Parks & Recreation Commission meeting. Staff provided responses to the suggested term adjustment. The Commission confirmed their recommendation for City Council approval of the lease. If you have any questions, the Commission is available. Chairman, Shayna McKinnon Vice Chair, Timothy Baker Benjamin Burnette David Hedger Patrick Watson Elizabeth Wrenn 1 ! l ,,,,4-;h O O 4 �w , ,,,,,;....,,,,,s, n ,: r- / '�1 3l1NLfV '' � "�h.+ 4,41 y(�,4N 221V73 ti ' t h 4�wbb� )..i 1 q v>at ut u t.S� az DZ Q • 1 It ; �V � U V UU _ _ •_ - 0. f Z i �O r ti`,.(04,,,-1/4 Y �YY �t���i�6 t9 06. j f a/ I pO00 i v>1,-;1,-, 1 , J vd..)1.-VOOp, 11 sot .r� 6 t z 'e 7 I 1 i 34\ i " ti. : #.0::. ao43.4 ,I 1 C +t �i ;10,': 4.KIK"••�ds %; E ♦ ‘,../...4.e ly.-•,,p. 4:!C ,i ♦ °� ,S 1 14W *. N''""l C aA / ti 41�i0F Z / J .y(y N N h O on p I').-:&."7,1i / V--6 T O�n`te I It 'Opp, ! �y/ :FvI:�N° ,w��'� JLo •.5,. ., /14$/"' J (~!!W W3 W33WWW3Wy4 C 7 *( w'JO 02N O:..l o-3a Y.Ne ...N:. 13/k ' , ~'C S0`1 N 1,•..i e,�1 7`gtQ�y fo 507 1`�n.�N1 i~- C h i4; i n 12....p. ry,:a,,1,...164. oa io h,o Q n1 t.S 204.. .,brt.....� ty,,,,,,,4;,... y �! ,/� vri222ben22 22•I41 ✓ 2E t — c / I,4, N ! 49A'. e 1 J J J J J J J J O a l .4ea VI / JIt. I�h ;m .06 .1 ..,,,,,zS ? ] / J iW HittoN 4. 4 Y d J >p _ 7 O .c ODE ,P . 3... o E mei F , a ,e m v m•- c + f ,.• C1 d N , K cn E E m3„,,„ 3 .# U m 9„ {(nom, °a t / 0rxzMuy wwyN a791�,Pj,3,R” ,.„', s// AGENDA BILL CITY OF BREMERTON 7A CITY COUNCIL SUBJECT: Purchase of two (2) Fire Study Session Date: December 14, 2016 Engines and (1) Ladder Truck from COUNCIL MEETING Date: December 21 2016 Rosenbauer, LLC Department: Fire Presenter: Al Duke, Fire Chief Phone: 360.473.5380 SUMMARY: The fire department is proposing to purchase two (2) fire engines and (1) ladder truck from Rosenbauer, LLC. A vehicle spec committee has evaluated a number of different manufacturers and this is their recommendation. The cost for the (2) two engines is $1,105,622, $945,979 for the ladder truck, for a total of$2,051,601 plus tax. The Fire Department is using the National.Joint Powers Alliance and the City's member number is 20107. Rosenbauer, LLC's contract number with NJPA is 011714-RSD. ATTACHMENTS: 1) Proposal from Rosenbauer, LLC 2) BFD Apparatus Specification Committee Summary FISCAL IMPACTS (Include Budgeted Amount): This is budgeted through the Public Safety Bond. The cost for the (2) two engines is $1,105,622, $945,979 for the ladder truck, for a total of $2,051,601 plus tax. STUDY SESSION AGENDA: o No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda o General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the purchase of (2) two engines at a cost of$1,105,622, (1) one ladder truck at $945,979, for a total of$2,051,601 plus tax from Rosenbauer, LLC. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/07/15 BREMERTON FIRE DEPARTMENT APPARATUS SPECIFICATION COMMITTEE December 5, 2016 Dear Bremerton city Council: After conducting a thorough evaluation of available fire service apparatus,the committee has concluded that Roenbauer is the preferred manufacture for our apparatus. Over the last eleven months the committee has conducted tours of local departments such as Arlington, Everett,Sunnyside,Vancouver,Tacoma and Poulsbo. We also visited a trade show in Portland.Through these tours we were able to evaluate the products of the major fire apparatus manufactures. Before the committee decided on a manufacture we took the following information under consideration. 1) Meeting Standards: Rosenbauer meets all State and National requirements. 2) Testing:They perform cab crashworthiness testing and load testing for aerial apparatus. All welds on aerial apparatus are inspected by Underwriter Laboratories. 3) Warranty:There is a lifetime warranty on the frame rails and water tank, a 25 year on the aerial ladder sections, a 10 year on the cab and a 2 year bumper to bumper. 4) Budget: Rosenbauer was able to meet our budget. We respectfully submit this request for your approval to purchase two 2017 Rosenbauer pumpers and one 2017 Rosenbauer aerial device through the NJPA contract. All these apparatus will have the same interior features and controls,the same pump and pump panel which will make training much easier since all our personnel have to operate this equipment. Thank you for your time and consideration Sincerely, The 12 person Fire Apparatus Specification Committee • JfA.AW ARDED` rusenbauer To: BREMERTON FIRE DEPARTMENT 911 PARK AVENUE DATE: 12/5/2016 BREMERTON,WA 98337 We hereby propose and agree to furnish, after your acceptance of this proposal and the proper execution by the Bremerton Fire Department,hereinafter called the BUYER and an officer of General Fire Apparatus, Inc.and/or Rosenbauer South Dakota, LLC hereinafter called the COMPANY, the following apparatus and equipment: ROSENBAUER PUMPER APPARATUS BODY MANUFACTURED BY ROSENBAUER • SOUTH DAKOTA,LLC AND SPECIFIED EQUIPMENT $300,060.00 ROSENBAUER COMMANDER CHASSIS $252,751.00 TOTAL EACH... $552,811.00 X 2 UNITS TOTAL FOR(2)TWO UNITS... $1,105,622.00 ONE MILLION ONE HUNDRED FIVE THOUSAND SIX HUNDRED TWENTY-TWO DOLLARS *PLUS CURRENT WASHINGTON STATE SALES TAX APPLIED AT TIME OF DELIVERY • All of which are to be built in accordance with the specifications, clarifications and exceptions attached, and which are made a part of this agreement and contract. DELIVERY: The estimated delivery time for the completed apparatus, is to be made 345 days after receipt of and approval of this contract duly executed, subject to all causes beyond the Company's control. The quoted delivery time is based upon our receipt of the specified • materials required to produce the apparatus in a timely manner. The Company cannot be held responsible for delays due to Acts of God, Labor Strikes, or Changes in Governmental Regulations that result in delayed delivery to our manufacturing facilities of these specified materials. This delivery estimate is based on the Company receiving complete and accurate paperwork from the Buyer and that no changes take place during pre-construction, mid-point inspections or final inspections. Changes required or requested by the Buyer during the construction process may be cause for an increase in the number of days required to build said apparatus. PAYMENT TERMS: Final payment for the apparatus shall be made at time of delivery or pick up,of the completed vehicle. It is the responsibility of the Buyer to have full payment ready when the apparatus is complete and ready to deliver. If payment is delayed or delivery is,delayed pending payment, a daily finance and storage fee may apply. Upon delivery of the apparatus or upon pickup of the apparatus by the Buyer, Buyer agrees to provide all liability and physical damage insurance. It is further agreed that if on delivery and test, any defects should develop, the Company shall be given reasonable time to correct same. Guarantee of the chassis is subject to the guarantee of the chassis manufacturer. MISCELLANEOUS PROVISIONS: This agreement shall be construed in accordance with the laws of the State of South Dakota. The parties agree that any litigation arising from or in connection with any dispute between the parties under this agreement shall be venued in South Dakota. The parties agree that this agreement bears a rational relationship to the State of South Dakota,and they consent to the personal jurisdiction of such state and further consent and stipulate to venue in the above described court. • *NOTES: 1.) IF CHASSIS IS NOT PAID FOR UPON ARRIVAL(APPROXIMATELY 120 DAYS)AT APPARATUS PLANT, ADD$20,000.00($10,000.00 EACH UNIT), 2.) FINAL PAYMENT DUE AS PER CONTRACT(APPROXIMATELY 345 DAYS). - • Page 1 of 2 INITIALS �lv www.rosenbaueramerica.com info@rosenbaueramerica.com ROSENBAUER SOUTH DAKOTA,LLC. ROSENBAUER MINNESOTA,LLC. ROSENBAUER MOTORS,LLC, ROSENBAUER AERIALS,LLC. 100 THIRD STREET 5181 260TH STREET 6190 260TH STREET 870 SOUTH BROAD STREET P.O.BOX 57 P.O.BOX 549 P.O.BOX 549 FREMONT,NEBRASKA 68025 LYONS,SOUTH DAKOTA 57041 WYOMING,MINNESOTA 55092 WYOMING,MINNESOTA 55092 P:402.721.7622 ,P:605.643.6691 P:651.462,1000 Pt 651.462.1000 • VDA.c lAWARDT ro5enbauEr l �CONTRACT The amount in this proposal shall remain firm for a period of 30 days from the date of same. Respectfully submitted, DEALER: GENERAL FIRE APPARATJ SALES REP: • - 6f>9 EK)FEIST • BUYER: . We accept the above proposal and enter into contract with signature below. • Title Title Date • • • • After company receipt of this document signed by the Buyer, the document will be reviewed and upon approval, countersigned by General Fire Apparatus, Inc. and/or Rosenbauer South Dakota, LLC thereby putting the document in force. Title Date • Page 2 of 2 INITIALS Clot' • www.rosenbaueramerica.com info@rosenbaueramerica.com ROSENBAUER SOUTH DAKOTA,LLC. ROSENBAUER MINNESOTA,LLC. ROSENBAUER MOTORS,LLC. ROSENBAUER AERIALS,LLC. 100 THIRD STREET 5181 260TH STREET 5190 260TH STREET 870 SOUTH BROAD STREET P,O,BOX 57 P.O.BOX 549 P.O.BOX 549 FREMONT,NEBRASKA 88025 LYONS,SOUTH DAKOTA 57041 WYOMING,MINNESOTA 55092 WYOMING,MINNESOTA 55092 P:402.721.7622 P:606.543.6691 P:651.462 1000 P:651.462.1000 ' . . .., ' . : .. ., 35 . .`-' V aE . : 4E1.1g. 0 PINE- lc; "' 4.'.. . ' Xi 2-Z7e 0 0 • Zi ." ..":•"" .....el a. am= . E5 li; ''Z .: r.,t1',; f."'8 !"C5'" VT ,_.-'..•441 ' •'''' 5=,r, d s. r'?_. 0.-7r. L't,,K . 2;— N n -_,4'• C4 a rtl . z • .., ;P? ; Q iig :; !! Ng :.Pi! , . g•g 0 - $: '.-i. - • . °- ti. i- E I - :4g2.* ''' 'ti Rg'`. •'301 "F.`..L • o 083°1 8 T‘' P0 k'Fgg! 08ge 0 — --;:,.,.......”.,.. ' . --..... • .... . , . i li.r...,, !Elitu :II! • 'l! ,t,- • - ,., tr.m..-1! —.-13— '-- -i , IV'ilkia-if7r,!!"( fl wi s ., -11 •r° Iii ,.. Eg 14 c .,acgl_r 0 L'3E1 . i I <PE:" • 44 --------- . . , • 7.?... .L2Elq911 +.:1•4 r.„ .0, . , : .. . :,.,,, ;. ,,,,„,,,. if •----. 1. i ., .... g, i !i f1I i • 411 0 F,,,0 '7• IIM 1 • • . ILI I i 1 ' 1"1 icow ' ., . • . " . ri • ,i 1 i I . . • ,, .,.......4 7, . . i_ _it .. ' f,7 — ---_ ,--1 ',.0111111 . ..-•'lit.-/,, ..!. ...-t< . .:,, - t• L'''. . . , . . :: .. ... . . !: , • ' . . • . b 1 f t : itl-.--';', .... . . ,... .. ! , _! 6 ,1 N• i' ' I . . . :',....5""f.:4T.;V.I.:',...:.,t—V..." , \ \\\:,..7. .• '''.i .,. , , 37, . 1 ,' ''• '` . "; ' ' I f' I IT, '' VI' ,1 6 F. timmommil ,,,,F . 1 ( .J - -' P`...,--A '•=----1-1 ,/ . '.!; `;` • ' . . •''. •'.1'.•',ti I 0 .. •• ' .-.. ` _, ., .... ' 1 ..,: .•11' • !iii, - ,' . 1 .14'. ! •' P ; '' ' rrn. ir ',''f i -,--•.-''... 0 ' '-1-,1 , :,i- 8 2, (#1' ill . 1 !,: 1. '“ il4L • ! -._ -,- - , - • ' li!, . . A. fl. t >, = !-.1. ,-giItgm4_._..r , liri 1„1: ( ) I • ..---a= . - i! 1!," 'il !! •!!! -!: --.,'., 11111111111111 ! ,,,. .. , ,,: ....1.,.., '; t Y 4 0... 1111 ;,'";,, . ,,.. , i !I,:1 ! ' ta k.''../fer;:— - • , _ r - -' • ,, . . 0, ; • _ . . . 1 . _. .. • . . • ' 1 ' - '' - := 1 li , vila a 1• ill . • . 1 1.. il,' II 11 . V,a o . , n) ,. .. -----------j; Ill ill II/.. „ ,, . . . , . _ ,, Cr'll lii • , .. . . ANDA AWARDED cONiici rosenhauer To: BREMERTON FIRE DEPARTMENT 911 PARK AVENUE DATE:12/5/2016 BREMERTON,WA 98337 We hereby propose and agree to furnish, after your acceptance of this proposal and.the proper execution by the Bremerton Fire Department,hereinafter called the BUYER and an officerofGeneral Fire Apparatus, Inc,and/or Rosenbauer South Dakota, LLC hereinafter called the COMPANY,the following apparatus and equipment: ROSENBAUER AERIAL APPARATUS BODY MANUFACTURED BY ROSENBAUER SOUTH DAKOTA,LLC AND SPECIFIED EQUIPMENT $350,629.00 ROSENBAUER COMMANDER CHASSIS • $285,040.00 • ROSENBAUER AERIAL $310,310.00 TOTAL... $945,979.00* • NINE HUNDRED FOURTY-FIVE THOUSAND NINE HUNDRED SEVENTY-NINE DOLLARS "PLUS CURRENT WASHINGTON STATE SALES TAX APPLIED AT TIME OF DELIVERY All of which are to be built in accordance with the specifications, clarifications and exceptions attached, and which are made a part of this agreement and contract. DFLIVERY: The estimated delivery time for the completed apparatus, is to be made 365 days after receipt of and approval of this contract executed, subject to all causes beyond the Company's control. The quoted delivery time is based upon our receipt of the specified n.arerials required to produce the apparatus in a timely manner. The Company cannot be held responsible for delays due to Acts of God, Labor Strikes,-or Changes in Governmental Regulations that result in delayed delivery to our manufacturing facilities of these specified materials. This delivery estimate is based on the Company receiving complete and accurate paperwork from the Buyer and that no changes take place during pre-construction, mid-point inspections or final inspections. Changes required or requested by the Buyer during the construction process may be cause for an increase in the number of days required to build said apparatus. PAYMENT TERMS: Final payment for the apparatus shall be made at time of delivery or pick up of the completed vehicle. It is the responsibility of the Buyer to have full payment ready when the apparatus is complete and ready to deliver. If payment is delayed or delivery.is delayed pending payment, a daily finance and storage fee may apply. Upon delivery of the apparatus or upon pickup of the apparatus by the Buyer, Buyer agrees to provide all liability and physical damage insurance. It is further agreed that if on delivery and test, any defects should develop, the Company shall be given reasonable time to correct same. Guarantee of the chassis is subject to the guarantee of the chassis manufacturer. • MIscELLANEOUS PROVISIONS: This agreement shall be construed in accordance with the laws of the State of South Dakota. The parties agree that any litigation arising from or in connection with any dispute between the parties under this agreement shall be venued in South Dakota. The parties agree that this agreement bears a rationafrelationship to the State of South Dakota, and they consent to the personal jurisdiction of such state and further consent and stipulate to venue in the above described court. *NOTES: 1.) IF CHASSIS IS NOT PAID FOR UPON ARRIVAL(APPROXIMATELY 120 DAYS)AT APPARATUS PLANT,ADD$11,382.00. . 2.) IF AERIAL IS NOT PAID FOR UPON ARRIVAL(APPROXIMATELY 150 DAYS)AT APPARATUS PLANT,ADD$6,200.00. 3.) FINAL PAYMENT DUE AS PER CONTRACT(APPROXIMATELY 365 DAYS). Page 1 of 2 INITIALS q ' www,rosenbaueramerica.com Info@rosenbaueramerlca.com ROSENBAUER SOUTH DAKOTA,LLC. ROSENBAUER MINNESOTA,LLC. ROSENBAUER MOTORS,LLC. ROSENBAUER AERIALS,LW, 100 THIRD STREET 5181260TH STREET 5190 260TH STREET 870 SOUTH BROAD STREET P.O BOX 57 P.O.BOX 549 P.O,BOX 549 • FREMONT,NEBRASKA 68026 • LYONS,SOUTH DAKOTA 57041 WYOMING,MINNESOTA 55092 WYOMING,MINNESOTA 55092 P:402.7213622 13:605,5495591 P:651.462.1000 P:651.462.1000 AWARDED < JPA coN T R ACT rnaenhauer The amount in this proposal shall remain firm for a period of 30 days from the date of same. Respectfully submitted, DEALER: GENERAL FIRE 'PARATUS LLC SALES REP: l7 Com ! BRENDENlFEIST BUYER: We accept the above proposal and enter into contract with signature below. Title Title Date After company receipt of this document signed by the Buyer, the document will be reviewed and upon approval, countersigned by General Fire Apparatus, Inc. and/or Rosenbauer South Dakota, LLC thereby putting the document in force. Title Date Page 2 of 2 INITIALS F www.rosenbaueramerica.com info©rosenbaueramerica.com ROSENBAUER SOUTH DAKOTA,LLC. ROSENBAUER MINNESOTA,LLC. ROSENBAUER MOTORS,LLC. ROSENBAUER AERIALS,LLC. 100 THIRD STREET 5181 260TH STREET 5190 260TH STREET 870 SOUTH BROAD STREET P.O.BOX 57 P.O BOX 549 P.O.BOX 549 FREMONT,NEBRASKA 68025 LYONS,SOUTH DAKOTA 57041 WYOMING,MINNESOTA 55092 WYOMING,MINNESOTA 55092 P:402 721 7622 P:605 543 5591 P:651,462.1000 P:651462.1000 ,; 2 o . z 2 1 aW ; =ug W L-2 W j - _ m�. � o S o'o a W g w ��y4 4 :8 ,x` `= w ooh -.:'E:5 ._. :, Tiov----- _ _�_.n:..� m rc 3 n i w �1 V q„ � ob gz Wa »-2 xs :' S j< 'ate= Wadai f\I iu ii i* A og e9 5. _ o .11/01111 .i -i � ' e. • • ol Ikkillg 1� W , .7,t.._:„ .7 r{s{L®` as =.3 kigi _� °iii Or: iim Q - i t �i 1 u, 1, r o tI' oil j iii_ I i G /\ ji �i e•°, —�.I t � ! i U), 'T- I r i § 3's x: E Amodio El to 1, ,,,,,,,.i ! !,t4v.fraii.,_. ' ,,= j _!,,-,-i-o 1 0 II jit, I I s sna — ' iveLL(*),____'' I-1 I Illi 1,._ 11111:1 il ijr MIDI �� ii ir• -- ��ii 11 ga 61 r ® 17 ii _..i it Ej • *IP - : ��' ���_ ��L. � Ill11 , 1 ir• rm . iiiA 4, ----_79 n �lIwii rl i 1 i i ,..-- i ill , afro ,,„„.....„:..„.7_7, a ,, . „,,, ____ , ri 1,, 0 0140) 4 r— i!. �I III 4 UI Ikiy AGENDA BILL CITY OF BREMERTON 7B CITY COUNCIL SUBJECT: Authorize the addition of a Civil Study Session Date: December 14, 2016 Engineer II to the Public Works & Utilities COUNCIL MEETING Date: December 21,2016 Department; and amend the FY-2017 City of Department: PW&U Bremerton Budget Presenter: Tom Knuckey Phone: (360) 473-2376 SUMMARY: Staff request that a Transportation Engineer (CEII) be restored to the Department of Public Works & Utilities. The position is essential for delivery of all programmed Capital Projects in 2017, and justified based on ongoing capital and operational workload. Addition of the position will allow the Division to develop work plans for implementation of sidewalk improvements related to the $100,000 ADA Transition Plan and the Residential street and sidewalk program, as well as a host of other operational activities that have been delayed. ATTACHMENTS: 1) Council Summary 2) Power Point Presentation • FISCAL IMPACTS (Include Budgeted Amount): The position would be budgeted at $118,500. For 2017, $80,000 of the cost of theposition would be funded by grant funding for the Highway Safety, Commerce, and Safe Routes to Schools grants, with the remaining $38,500 from Street Fund and General Fund Engineering. STUDY SESSION AGENDA: ❑ No Presentation 0 Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda o General Business ❑ Public Hearing RECOMMENDED MOTION: Move to authorize the addition of a Civil Engineer II to the Department of Public Works & Utilities; and amend the FY-2017 City of Bremerton Budget accordingly. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/07/15 SY Council Summary Request to Authorize the Addition of a CEII and Amend the 2017 Budget Accordingly Updated: 12/13/2016 Background Staff levels of the Engineering Division have reduced significantly in recent years.•In 2009 the Engineering Division had 25 FTE's; currently it has 14. The reduced staffing has impacted the Division's capacity to deliver work on variety of levels; currently the most critical issue is the inability to manage all, 2017 capital projects, along with the inability to engage on a number of Transportation Operational issues. Should the position not be approved, it is likely that the Lebo Boulevard project would not be constructed in 2017. Our expectation for 2018 and beyond is.that our capital delivery will require similar staffing going forward. Should we have less grant funding in future years,the additional staff would help with capital delivery by allowing us to staff the construction management internally, or perform design in-house. In addition to the capital consequences, restoring the CEII would allow Engineering to engage on the Residential Street and Sidewalk program that Council authorized for 2017, as well as work on a number of street operations issues we've been unable to fully engage on including: • ADA Transition o Sidewalk abatement—unable to engage on this in 2016. Need to establish an abatement policy and pursue repair of sidewalks and lien of properties o PSE Power Pole Relocation—need to develop a policy,then act on it to acquire property for PSE pole relocation. This is assumed to be time consuming, but unable to engage on this in 2016 o Minor SW construction projects—budget was available for minor sidewalk construction but we were unable to engage on this in 2016 • Traffic Signal Management o Engineering began oversight of the Traffic Signal Technician starting mid-2016. Need to develop equipment inventory, establish replacement policy,etc. o City-wide review of signal timing;first step is upcoming contract to develop model,then work to optimize signal timing o Address complaints in a timely manner(e.g. Marine Drive, entrance to Fred Meyer, Warren/Burwell, ped crossing time on Wheaton,etc.) • Traffic calming/speed humps—unable to do much of anything other than log the complaints. The CEII will assist with evaluation/prioritization of requests • Develop pre-design on CIP projects to better understand the SOW prior to grant submittal • Develop a prioritized CIP for non-motorized projects/update the Non-motorized Transportation Plan In addition to the capital and operational efficiencies of this position,the position would additionally restore a succession plan for the Transportation Section of the Engineering Division. Fiscal Summary The requested budget is$118,500 for the restored position. For 2017$80,000 of the cost of the position would be funded by the TIB grant for Lebo Boulevard, with the remaining$38,500 from the Street Fund and General Fund Engineering. 1 to C) ll� J/ OI�1 �J) o D I i OI 1 OI 1 CLA f (.._Ljs)) . Y rr :" ' -�'`�^{;} 3' ."4,4 ..'..‹.,1-1,1 `r t (•�4• ' � 1'^�, *I _ _ — o ta ��� '� 't 1 I{1 'i i �Li r:� �lf J/ �iak GYwra.► '" ` 7 cC Ill,' 1 t '� � ,}a�, 0O I jI ��// CD .‘*,,,7444..: 'r • s '',.'s 4 pt'F 4t ,-J4`q — — ,4„.„/-1,e, t.0. .. .-J[s p; aNy!/ w- , ��f`° r o+ , R 0 U I •- 'i:�!F,"drs4/; �i `',' j�j_, 11� .� ---,, rf'n,? 1 ' ��i a U tl A' f tk } P�A '4 O ' fi '\...,,..-6,...1 l un I fi l� :;:A). C,1 // i tS t 'S" a'� :... _°L.'.--1.-3-2. --:,.----.-'.— --- .▪ -----,— -..-- .... ,"*v.,.. '0,4"-fi.v71,.:.:•• 'i, 1=5 4= < ° C) tc 2 ° + O t{ =i 1 1` • ij ' � , +' �3 k..,4 t` , a v .,, 1 r,j ��u� , � i.: ,fit.,;v �. V. > �lr'' Y r 0;E' �' ° 1 3tt !,' ,' r U J':1'''' in\4 ' , , N �, . , �l Cl, N 11 i..._ ) N UI I- c fn N 01 a II of �� a Ls o � , w Y ... 1 ' Y co co _ N 01 / \ VN aN N> > N C Y ` U iliPIit1I :w0) c6a-m ol o , Q WD WQ Qa W . 1 ' Y `YYY' •--r-' ro U ` o c (7)) cii > � C fn Q Q • . W m rna ac Lc C - c= W t a"i � c 0 W • - I Y' Y Yom—' • — ,-- • _ _ a > N -W =5 me r1 tc a Wa) o ~ NN — a I- E HE > o o - rno a� U ao) W d W a) O O • Y Y Y I C . C ro a) C a) 0 N o (1) 73 C > — I- OZS C . _ CD 0 k- C a) C til r6 u .a1 }' aJ o o 1- .� V. 4-- CMv •i C u -) u -0 C aw 0 C QJ •fB CL) • -1 a1 to a) rD Q- 01 C CY, CE, .- +� _ 0- +� .C o C C C fp U a) v ,- � U 01 4- D O u 2, r tin ri v .°J .vs 0 E a. _ 0 u m ._ . . 11elS 8uuaau! u)In JagwnN a a m mgl N .+ 0 1 2.,• .E to ' W C • C ISM " C • 1- VI N 8 Av , O m NI P. / _ •,, 1/1 ca . by • W • C W I / _ a+ 13 Io CD 7 CO C a I ■ — `� I P. V 11 r 4-1 I o vol • II o V / " o n o s 0 0 0 0 0 d d o $'1a8png ielide)ienuuv C3 Oro c U o 4-0• L, E o a.,) o .- •- _ r- v roLn -I-" 0 "' W 1— 4 • no — v rip �� c u aCI) C CU s� 1— ru (13 0— o u p Q Ute .- O •C— z < .li7 0 © o g o 0 Q`RTE, '6 © � a ckvM 01B-- a °o ,„9 o 6 E i ra, 1 0 °oQa °o JE © E a F °o . °° I 0c B , 0 o °°M � `off °� d a °oEQN a a a o °E f6 ( o zj M d °o � d O © d �, °o cm x a a o A : 0K ,g m '2° All 9 ' , 0/0 0 O , E °o o dad 1 �nl o M (.9.A °meg GO l"J U 0 flog a X © °d o E 5 v E ©o E U ' °V ) , Epi Kai ci c2,9 -L9J u .2 Y cocp E >v s a M 0 0 � . o ° ° u Go °o � o2) EMII : fri1JQEd oI , °zE ds g � °dao °E000 000 (E '�1 � o� � (� R, u 1 I 0 0 0 0 0 0 I I` I� L=, C-D) of lI \"_�� ' D i a of Lj)- 0 . 'tea'. s ' 41',4:4,4„,,144,-;• Ai�� - t �} w'' 3 its ,F• -- .dam -i.:',, '-';.'7'...:1° Y II 4 b jn h5 i,r,--.111111-'''''' VP- ` '`-`",.,..°."°•• •••'' ' •• : ., • I• 1," \41/4,!• • '?Pr';4', c_ij ,:).... ..14..,..1-7-7 ._._ ‘•3'.1?VI °\1'1' ' 11; I I ';‘'''''• ''''a§•'.4.' ' 1 p t-,..., .,r..� -"w e.rr i... ! jar 'M�y. s .6'''. I(` 'I a :4-.,, .... C (ii x . ..' ,, • l 1 (°� ,,�,n as �r �f'� '111!!! ..,..,,,,,,,a1,* :, yatp'�°F�,y�,�` Ci(DA O1 I ° w "IX ay .+ a rr _ �� • 1,'„,....g..,144,-. ,...I.:0,,, t IP¢ — — ` i' 1,, ,'�, ?,ci4 i t: ,.,` ° v:akftarhr,b d. • gtp, aICI 3 i • •• P f ,4• Ptwl ; L` Cr'° Fv • ",°:','' '.,'T`i . C) r 0 ° a4I ).,,•.tt . E5 `t t { il a 1 < ° C) /0 1 a t V.; „ Ml''' .:1-''''';i:, t r vl .,fi - r r...,V.11,'. O �r.. te}9_ .�( 'I t' Itu . it,C1114 ''':.e: J: '''...) V li. 4 .,, S - yK.,:i.-,'...',.).,',..,., • 7: . Trilrii ' '''' 'Ill .-'-:;'4'..',..• ..... gJ) .. . . . I. ., . .1.,,,, ,,, ,,..:... 0,,,., ,. .., „ ..., . \., ..t . ...... ... .. .,. : „, . . .,. • .,.3.•. . . . ..,., . . . .1 J.i'`. . •ry• Sy�S2 cad - . ," ' 1 / \ CO / \ / \ N /--,. ,---Th N Q w L Q) U !n ✓ a) N cc c N C O (n N 0 w ~ i 1 as N r \ i :JJJj}a rn c c 1- c c 9 - • a UNcmc •cc '• / w w a 0 4' \ I _, ..._r_..., `T... Y.. Y. Y ro U = v Sao it w . 62 c _c c wca 0 — ca• D >_ .a) a)m ` O ,o)2 " 0 60 w0 w Ul • \ -. > .c E. 0 0)C L d L C WE 09 I- a) CD 0 - E 1- " HE > O p� 0)O a) () m w w a) 0 0 ilonI I • I YJ C — C" ro L Cl.) 01 C ^ , O N 0 cu tr) CU -0 iQJ06 C ._ ro 0 - C Q C cn co U CD . 'Q a) 0 vt .�, 0 f = roO o 4-+ U. cm a) .� L) U . C N 0 - U 4 J +-� lJ1 Q1 ate-+ L/1 CD_ cn O — — O- u ro p C 0 W111 C 0-) .— L0 fo H CU 4-d LI C) E o _c u u m4-0 • • • • JIM Su!Jaau! u3;o JagwnN a S m m2 H 0 2 • • E 5 ry W 4 1 M A & vv c a1- , n o _ N E 4- ' _ s O N MI n • 0.0 .... ..:7'11,1L'fil e0 I V1 r . 00 • M 1 _ V• .. � S 4 > I C31 to 'O I o m To C a ! o • R (13 1 1 § ( ^■ 1 0 Y / o c g 0 0 0 0 0 0 0 o c in $laSpng lepde3 ienuuy r0 —0 • _N. 0 +- to 0 ) In E O +-' 13)i foa_+ u1 C o � � 0 0 — C1) .En 117' (13 0 (f) (13 0 - r6 nj °+-' CO U .c O c ©C •in O • 6 0 Pg © KD M 09 Od cp °� c9 CI Z . © E In) (ac,IA ral, E `pi 0 9 60 n^ o © , � E o p o =E M el g o � � � o d °og M co,, ..., rum n o °— ° 09 , LM M °0 i011.:0 6-g, N M� g °o a ou �� oE 110 0 © ° °o Ilv'nUl iE 2 Ta 60 I� Qqb ,fig , M E O °d E o� , © vi ©°o E ug © � � i0i I t o ° n a ct, rd, F . ).AE t 12,) E.N e.. g © a1�1 au aIUJ o °E 0 0 0 0 0 0 n � cm o I , 0 0 0 0 0 0 F- 1 a V V c, 0g c Z °V 00 00 O VV N fo l ca a' O 00 0 O � ,:_ 0 `g a o Go nI a , c o O °g ° o R, M CD g 0 ° T 0 o� E E eN cg E I0O CID fi Q 1 � U� 0 ' X o ;' v,l 3' 3` Pg 43 o f a� 'ai g)) ° `l _ �C, QM �S O 4. au, © � � ' Iii M ° M(5, n t 1 ,ic Ira' 's g r—� 0- 1 an <, © = © © © c , . e� �p a o i1 0 J , © M a s °O M u °i C to a . Iii: kg g Ve ra, (a) 1 (ts © V O 0 © a U y u o TO °o 7) E ,f--) 4e-2 or . e .1 . cyi GO c0=9 � U . °� X 0 uii M d ° $ , °o gil gz§ a d © 6 E• a og o a u S a o © 00 1 g F1 g d M g © 1 oo 1 • 6 °E °= QM E E N 1 — g g 0 d v o 0 a © °O d E `5, O of E = ra,- °° © nu &'' U ° E © � °fiC °o o © o ffc-i a up 0. d au co & E og co 0 in E ao cg MMS g c U��11�'�U�I FD-1, o e % t6, 19 �lJ ° 0 4 o °O a E GO ' a © 60 m © g � a °fl � � ap `� � ^ � 0 0 0 0 0 (nl © o E QR O ``J � a � �U '''' E = QA _ � a � � oa -og e a cg miC U 60 o0 0 0 Good Morning City Council: I don't necessary agree to adding another person to the budget. I.thought the budget process was done for 2017 with the exception of June to do adjustments and December to balance all funds (money coming in equals money going out). The 2017 budget already has 8 "placeholders" for new hires — not sure who or what for but they are in the budget. The 2017 budget passed with 2 no votes. The no votes dealt with police and fire people / parking study concerns (results but no funded ways to fix) / and the 8 new "placeholders" employees. Approving the budget each year takes a lot of time. The Mayor prepares it and submits it to the Council in the October time frame; Council reviews and holds workshops in November. Public input is received and after a long and very time-consuming process, it is approved late November or early December. We now want to modify it just weeks after approval. Really? If this request is approved, then I feel we need to go back to the developer who was processing a housing development permit with the County and tell him he can hook up to the sewage line regardless of the ordinance recently passed by the City Council. You also need to go back to the person who wanted to build a car dealership on Wheaton Way and tell him it is okay —the Planning Code doesn't apply and we can do anything we want—why wait for a year to make changes —the Council can do it now. The point is this — there is a process and due diligence during the process is a goal but once the ordinance is past — the Council moves on. Just because this is a "City issue" does not make it any different than the housing development in the County that wanted to hook up to Bremerton sewer but now cannot unless the. housing development is annexed into the city or the zoning changes issued and approved by the Council There is way too much to do — you spend time with each issue and then implement what you believe is best for the City of Bremerton. By approving this request just will open the flood gates to modify the 2017 budget for the next 12 months, in my opinion. In a side note, maybe if the City Engineers and Public Works were not so busy preparing the package for Quincy Square, they may have had time to get all their ducks in a row for the budget process. As for the statement that you have doubled the money into the street fund and we now need an engineer to manage this. This was done before the budget process. If it was done during the budget process, I would understand because no one knew if it was going to be accepted but this particular item was done prior to the budget process and all of city staff should have been aware of this change. With Warmest Regards, Terry Fessner