HomeMy WebLinkAbout01/10/2018 AGENDA PACKETAGENDA BILL Al
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Confirm Appointment of Study Session Date: January 10, 2018
Dino Davis to the Bremerton Planning COUNCIL MEETING Date: January 17, 2018
Commission Department: Executive
Presenter: Mayor Wheeler
Phone: (360) 473-5266
SUMMARY: The Mayor is seeking confirmation of the appointment of Dino Davis to the Planning
Commission. Mr. Davis is being appointed to fill Position No. 7, and he will serve through December
31, 2021.
ATTACHMENTS: Application to the Commission is available in the Mayor's Office.
FISCAL IMPACTS (Include Budgeted Amount): None.
STUDY SESSION AGENDA: 0 Limited Presentation ❑ Full Presentation
STUDY SESSION ACTION: ❑ Consent Agenda ❑ General Business ❑ Public Hearing
RECOMMENDED MOTION:
Move to confirm the appointment of Dino Davis to the Planning Commission Position No. 7, with a
term expiration date of December 31, 2021.
COUNCIL ACTION: ❑ Approve
Form Updated 01/07/15
❑ Deny ❑ Table ❑ Continue ❑ No Action
SUBJECT: Resolution No.
approving Phase II of the East Park Final
Plat
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
Study Session Date: January 10, 2018
COUNCIL MEETING Date: January 17. 2018
Department:
Presenter:
Phone:
DCD
Allison Satter
(360) 473-5845
SUMMARY: The action before City Council is to approve Phase II of the East Park Final Plat.
Preliminary Plat approval was granted by the Administrative Hearings Examiner in June of 2006 for
the subdivision of 48 acres into 454 housing units. Phase I of East Park was approved by Resolution
3071 on November 19, 2008 for 86 lots and open space tracts and infrastructure on approximately
11 acres. This proposal will grant final approval for 88 lots, associated open space tracts and right-of-
ways. The applicant has met all of the conditions of the Preliminary Plat approval for this phase by
both infrastructure completion and bonding and therefore the City Engineer and Community
Development Director are recommending that the City Council approve this final plat.
ATTACHMENTS:
(1) Proposed Resolution No. granting Final Plat approval for Phase II
(2) Staff Memorandum with Map
FISCAL IMPACTS (Include Budgeted Amount): None
STUDY SESSION AGENDA: 0 Limited Presentation ❑ Full Presentation
STUDY SESSION ACTION: ❑ Consent Agenda ❑ General Business ❑ Public Hearing
RECOMMENDED MOTION:
Move to adopt Resolution No. approving Phase II of the East Park Final Plat; and authorizing
the City Council President to sign the mylar.
COUNCIL ACTION: ❑ Approve
Form Updated 01/02/2018
❑ Deny ❑ Table ❑ Continue ❑ No Action
RESOLUTION NO.
A RESOLUTION of the City Council of the City of Bremerton,
Washington, approving Phase II of the East Park Final Plat (File No. BPI
00050).
WHEREAS, on June 2, 2006, the Administrative Hearings Examiner granted Preliminary
Plat approval (File No. BP06 00047) after holding an open record public hearing to divide 48 acres into
454 housing units; and
WHEREAS, on November 19, 2008, the City Council passed Resolution No. 3071
granting approval for a portion of East Park known as East Park Phase I (AFN 200811200 100) for
approximately 11 acres including 86 lots with associated open space tracts, and right-of-ways; and
WHEREAS, on August 7, 2014, an administrative approval was received for minor
revisions to the Preliminary Plat for East Park (Preliminary Plat Amendment, File No. BP 14 00037); and
WHEREAS, the East Park Preliminary Plat has been approved for two one-year plat
extensions (File Nos. BP 16 00029 and BP 17 0005 8) and the Preliminary Plat will expire on October 4,
2018; and
WHEREAS, Phase II of the East Park Final Plat includes 88 lots with associated open
space tracts, Wildlife Corridor, and rights-of-way; and
WHEREAS, after Preliminary Plat approval, the applicant submitted and received approval
for Site Development Permit Plan (File No. BPI 00036) documenting the final infrastructure plans for
the plat; and
WHEREAS, the applicant has posted performance bonds for the public and private
infrastructure required in the preliminary plat approval; and
WHEREAS, the applicant has agreed to substantially complete all infrastructure, with the
exception of the wildlife corridor, prior to occupancy of any residential structures within Phase II.
Occupancy for up to 20 of the residential structures within Phase II may be granted prior to the
completion of the wildlife corridor; and
WHEREAS, the applicant has agreed and signed a "Subdivision Improvement Agreement
for Improvements for Tracts, Open Spaces and Wildlife Corridor" and two bond agreements to complete
the plat improvements with the Department of Public Works and Utilities and the Department of
Community Development; and
WHEREAS, all applicable conditions set forth in the Preliminary Plat approval have been
met or bonded for and Final Plat approval is requested; and
WHEREAS, all applicable conditions set forth in the Preliminary Plat approval, Phase II
Plat Amendment (File No. BP 14 0003 7) approval have been met and Final Plat approval is requested; and
East Park Phase II
Final Plat
WHEREAS, the City Engineer and Community Development Director recommend
approval of Phase II of the East Park Final Plat, NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION]. The recitals and findings of fact set forth in this resolution are hereby
incorporated as if fully set forth herein.
SECTION 2. Phase II of East Park Final Plat as represented by the schematic drawing in
Exhibit A is hereby approved, subject to the following conditions:
1. Department of Community Development Bond:
The improvements to the tracts, open spaces, wildlife corridor and lands outside the
public right-of-ways including landscaping, irrigation, pathways and lighting contained
in Phase II and bonded for with the Department of Community Development, shall be
completed by the applicant and accepted by the City within the timelines established
within the bonds unless an extension is granted by the Director of Community
Development;
2. Department of Public Works and Utilities Bond:
The stormwater maintenance agreement shall be executed with the City Public Works
and Utilities Department and recorded against the property prior to the recording of the
final plat document; and
b. The Public infrastructure and onsite improvement requirements, constructed with
Phase II and bonded for with the Department of Public Works and Utilities, shall be
completed by the applicant and accepted by the City the timelines established within
the bonds unless an extension is granted at the discretion of the City Engineer; and
3. No building permit within Phase II will allow occupancy for residential use unless the
infrastructure improvements within that Phase II, except for the Wildlife Corridor, have been
substantially completed and accepted by the City. Occupancy for up to 20 of the residential
structures within phase II may be granted prior to the completion of the wildlife corridor.
Substantially complete shall generally include functional utilities and complete streets. At the
discretion of the Community Development Director and City Engineer, the following types of
items may not be required for substantial completion, but are required prior to bond release:
a. Punch list type items that do not affect or impact occupancy of the residences.
b. Installation of landscape materials.
SECTION 3. The City Council President is hereby authorized to sign the Mylar.
East Park Phase II
Final Plat
SECTION 4. Severability. If any one or more sections, subsections, or sentence 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 5. 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
2018.
APPROVED AS TO FORM:
ROGER A. LUBOVICH, City Attorney
Council President
ATTEST:
SHANNON CORIN, City Clerk
East Park Phase II
Final Plat
Exhibit A
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UTUF� N
PHASES
PHASE 2r
SAMARA sr
PHASE 1 _
/ TJ
1
FUTURE
PHASES
GRAPHIC SCALE
250 0 125 250
v ;+' (IN FEET)
j 1 inch = 250 feet
EAST PARK
i
PHASE 2
WestS )und
Engineering,lnc.
_-
217 S.W. Wilkins Drive Port Orchard, Wa. 98366
\ Phone(360)876-3770 Fax(360)876-0439
)OB No.•2 sHr 1 of -j- srns
DEPARTMENT OF
COMMUNITY DEVELOPMENT
MEMORANDUM
To: City Council
From: Allison Satter and Ryan Crater, Senior Planners
Date: January 2, 2018
Subject: Final Plat Approval for Phase II of East Park
SUMMARY:
The action before Council is the Final Plat Approval for Phase 11 of the East Park Plat as shown in
Exhibit A of the Resolution. This phase includes 88 lots with associated open space and right-of-ways
on approximately 11 acres. City Council approval will allow the separation of lots, which will enable the
developer to apply for building permits to construct homes as envisioned in the East Park Subarea Plan.
BACKGROUND INFORMATION:
The East Park Subarea Plan was approved by City Council with Ordinance 4962 on January 18, 2006.
Attachment I is a concept sketch from the Subarea Plan showing the intended design of the project. The
project received Preliminary Plat approval on June 2, 2006 from the Administrative Hearing Examiner.
This approval stipulated that final approval would be granted only when specific conditions were met;
these conditions primarily related to infrastructure improvements. The Department of Public Works and
Utilities Engineering and the Department of Community Development have reviewed this phase of the
plat and agree that the conditions applicable to the phase have been met through construction on the site
and bonding. Staff finds this portion of the plat is ready for recording and therefore recommends that this
phase of the Final Plat be approved.
Phase I of East Park was passed by City Council on November 19, 2008 by Resolution 3071 for 86 lots
with associated open space tracts and right-of-ways.
PROCESS:
Final Plat Approval is required to ensure the project has met the conditions established by the Preliminary
Plat Approval prior to allowing the development to move forward into the building permit stage. Final Plat
Approval is granted only when project has met the conditions established by the Preliminary Plat
Approval. It is important to note that this is a quasi-judicial action, and it is necessary to ensure that the
"Appearance of Fairness Doctrine" is met. Council members should refrain from having personal
interactions with the project developer.
ATTACHMENTS:
• Attachment I — Conceptual East Park Subarea Plan Layout
Attachment I
East Park Sub Area Plan
Adopted By City Council 112406
Ordinance Na. 4962.
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Lease Agreement between City
of Bremerton and Pacific NW Marine Co.
(dba Freedom Boat Club) for commercial
office space adjacent to the Louis Mentor
Boardwalk
A3
Study Session Date: January 10, 2018
COUNCIL MEETING Date: January 17. 2018
Department:
Presenter:
Phone:
Parks and Recreation
Jeff Elevado
(360) 473-5428
SUMMARY: The commercial office space located adjacent to the Louis Mentor Boardwalk has
remained vacant for several years. The City has been approached by Pacific Northwest Marine Co.
(dba Freedom Boat Club) with a proposal to lease the space for the operation of a boat membership
company. The owner has secured slips at the Bremerton Marina with the Port of Bremerton for
mooring their vessels and will use the office space for administration and training purposes.
The lease amount is $720.00 per month and does not include utilities. The lessee is also responsible
for payment of Lease Hold Excise Tax.
ATTACHMENTS: 1) Lease Agreement; 2) Exhibit A (Location Map)
FISCAL IMPACTS (Include Budgeted Amount): Lease Revenue of $8,640 per year.
STUDY SESSION AGENDA: 0 Limited Presentation ❑ Full Presentation
STUDY SESSION ACTION: ❑ Consent Agenda ❑ General Business ❑ Public Hearing
RECOMMENDED MOTION: Move to authorize the Mayor to finalize and execute the Lease
Agreement with Pacific NW Marine Co. (dba Freedom Boat Club) with substantially the same terms
and conditions as presented.
COUNCIL ACTION: ❑ Approve
Form Updated 01/02/2018
❑ Deny ❑ Table ❑ Continue ❑ No Action
LEASE
This Lease is entered into this of , 2018, by and between THE CITY
OF BREMERTON, a Washington municipal corporation ("Lessor"), and PACIFIC
NORTHWEST MARINE COMPANY dba FREEDOM BOAT CLUB, a Washington
corporation ("Lessee"), as follows:
1 PREMISES. Lessor leases to Lessee and Lessee leases from Lessor upon the
terms and conditions herein that certain space (the "Premises") containing approximately 450
square feet of net leasable floor area, all as shown on Exhibit A attached hereto and incorporated
by this reference. The Premises constitute a portion of a building (the "Building") located at 140
Washington Avenue, Bremerton, Washington.
2. TERM. This Lease shall commence on , 2018 (the
"Commencement Date") and shall end on December 31, 2020 (the "Termination Date"). Lessee
shall have the right to terminate this Lease at any time after one (1) year from Lease
Commencement Date upon sixty (60) days written notice. Lessee shall have the right to renew
the Lease for an additional term of three (3) years with written notice of intent to renew ninety
(90) days prior to the termination date.
3. CONSIDERATION.
(a) Rent. Lessee agrees to pay Lessor as Rent, without notice or demand, the
sum of seven hundred twenty and 00/100 dollars ($720.00) per month ("Rent"), in advance,
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. Effective January 1, 2019, and January 1, 2020, the Lease will be increased based upon
100% of the Seattle/Tacoma/Bremerton CPI -W, but in no event shall the Rent be less than seven
hundred twenty dollars and 00/100 dollars ($720.00) per month. In addition Lessee is
responsible for paying leasehold excise tax as set forth in Subsection (b) below.
(b) Leasehold Excise Tax. In addition to the Rent, Lessee shall pay a
leasehold excise tax, pursuant to RCW 82.29A.030, currently in the amount of 12.84% of the
base Rent and may be adjusted pursuant to Chapter 82.29A RCW. Lessee shall pay the
leasehold tax with the monthly payment.
(c) Overdue Rent. Unpaid installments of the Rent or other sums due
hereunder shall, if not timely paid, be subject to a late charge of fifty and 00/100 dollars ($50.00)
to cover the excess cost of administration and shall bear interest from the date due of twelve
percent (12%) until all Rent and interest have 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 Rent or other charges when due hereunder.
(d) Hold Over. If Lessee remains in possession of the Premises or any part
thereof after the expiration of the term of this Lease without the express written consent of
Lessor, such occupancy shall be a tenancy from month-to-month at a rate in the amount of one
hundred twenty percent (120%) of the last monthly Rent, plus all other applicable charges
Pacific Northwest Marine Co. dba Freedom Boat Club Page 1 of 10
Lease Agreement
payable hereunder, and upon all the terms hereof applicable to a month-to-month tenancy.
4. USE OF PREMISES. Lessee's use and occupancy of the Premises shall be for
general office purposes, as well as use of the Premises needed to conduct the Lessee's corporate
activities. No other use shall be allowed without the express written consent of the Lessor.
Lessee shall not use said Premises or any part thereof for any illegal purpose.
Lessee at its sole cost agrees to conform to municipal, county, and state codes, statutes,
ordinances, and regulations concerning the use, occupation and maintenance of said Premises,
and concerning the operation of its business. Lessee shall not introduce or allow any hazardous
waste in or upon the Premises.
At the expiration of the Lease, Lessee shall:
(a) Remove all trade fixtures and personal property from the Premises;
(b) Remove all fixtures, additions, alterations, modifications or other
improvements installed in or made to the Premises by or at the request of Lessee, and restore the
Premises as they existed immediately prior to the making of the improvements; provided that
Lessee shall not be required to remove any improvements if Lessor, in its sole discretion, agrees
in writing; and
(c) Surrender the Premises to Lessor in as good condition and state of
repair as Lessee is required to keep and maintain them pursuant to the Lease, reasonable wear
and tear accepted. If Lessee fails to remove any improvements or restore the Premises pursuant
to (b) of this Paragraph 4, Lessor may provide written notice to Lessee, and after fifteen (15)
days Lessor may, at Lessee's sole risk and expense, perform such removal or restoration (by
contract or otherwise) by the most expeditious means available to Lessor. Lessee shall
reimburse Lessor for cost and expenses incurred by Lessor to accomplish such removal and
restoration. Further, if Lessee fails to remove all personal property from the Premises upon the
expiration of the term, Lessor may remove and store such property in any place selected by
Lessor at the sole risk and expense of the Lessee.
5. UTILITIES. Lessee agrees to pay all charges for water and sewer service,
power, garbage pickup, janitorial, telephone, and for all other utilities which shall be used in the
Premises during the full term of this Lease.
6. ALTERATIONS AND ADDITIONS. Lessee shall not make or allow to be
made any alterations, improvements, or changes to the Premises or any part thereof
("Improvements") without the prior written consent of Lessor. With respect to such
Improvements, Lessor's consent shall not be unreasonably withheld. The Improvements shall be
made at Lessee's sole cost and expense, and the Premises and Lessee's leasehold interest therein
shall remain free from any lien of any kind whatsoever, and construction of such Improvements
shall be done in compliance with all laws and governmental requirements.
7. MAINTENANCE AND REPAIRS.
(a) Lessee's Obligations. By taking possession of the Premises, Lessee shall
Pacific Northwest Marine Co. dba Freedom Boat Club Page 2 of IO
Lease Agreement
be deemed to have accepted the Premises as being clean and in good order, condition, and repair.
Lessee shall, at Lessee's expense, keep the Premises and every part thereof in good condition and
repair (except as hereinafter provided with respect to Lessor's obligations set forth in paragraph
7(b) below). Lessee shall, upon the expiration or sooner termination of this Lease, surrender the
Premises to Lessor clean and in good condition and repair, excepting only ordinary wear and tear
and destruction or damage by such conditions over which Lessee has no control, or such damage
as may be due to the failure of Lessor to comply with any covenant herein contained to be
performed by Lessor. Damage caused by Lessee's use of the Premises shall be repaired at the
sole cost and expense of Lessee.
(b) Lessor's Obligations. Lessor shall, at Lessor's expense, repair and
maintain the structural portions of the Building, including the roof, foundation, bearing and
exterior beams and supports, subflooring, plumbing, pipes, electrical wiring and conduits within
and serving the premises. There shall be no abatement of Rent and no liability of Lessor by
reason of any injury to or interference with Lessee's business arising from the making of any
repairs, alterations, or improvements in or to any portion of the Building or the Premises or in or
to fixtures, appurtenances, and equipment.
8. LIENS. Lessee shall keep the Premises, Lessee's leasehold interest therein and
the Building and land on which the Premises are situated free from any liens arising out of any
work performed, materials furnished, or obligations incurred by Lessee.
9. HOLD HARMLESS. Lessee shall indemnify and hold harmless Lessor from
and against any and all claims arising from Lessee's use of the Premises or from the conduct of
its business or from any activity, work, or other things done, permitted, or suffered by Lessee in
or about the Premises or arising from any act, omission or negligence of Lessee or any officer,
agent, employee, guest, or invitee of Lessee, including all costs of defense and attorneys' fees.
Lessee, upon notice from Lessor, shall defend all such claims at Lessee's expense. Lessee hereby
assumes all risk of damage to property or injury to persons in, upon, or about the Premises from
any cause other than the sole negligence of Lessor, and Lessee hereby waives all claims in
respect thereof against Lessor. Lessor or its agent shall be not liable for any loss or damage to
persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water, or
rain which may leak from any part of the Building or from the pipes, appliances, or plumbing
works therein or from the roof, street, or subsurface, or from any other place resulting from
dampness, or from any other cause whatsoever, unless caused by or due to the sole negligence of
Lessor or its agents. Lessee shall give prompt notice to Lessor in case of casualty or accidents in
the Premises.
Lessor shall indemnify and hold harmless Lessee from and against any and all claims
arising from the activities of Lessor in connection with the Premises, or arising from the sole
negligence of Lessor or any officer, agent, employee, guest or invitee of Lessor, including all
costs of defense and attorneys' fees. In any action or proceeding brought against Lessee by
reason of such claim, Lessor, upon notice from Lessee, shall defend the same at Lessor's
expense.
10. RELEASE AND WAIVER OF SUBROGATION. Lessor and Lessee will each
Pacific Northwest Marine Co. dba Freedom Boat Club Page 3 of 10
Lease Agreement
look to their own insurance for recovery of any loss resulting from fire or other casualty. Lessor
and Lessee release one another from such claims. Lessor and Lessee waive any right of recovery
of insured claims by anyone claiming through them, by way of subrogation or otherwise,
including their respective insurers. This release and waiver remains effective despite either
party's failure to obtain insurance. If either party fails to obtain insurance, it bears the full risk of
its own loss.
11. LIABILITY INSURANCE; HAZARD INSURANCE.
(a) Liability Insurance. Lessee shall, at Lessee's expense, obtain and keep in
force during the term of this Lease a policy of comprehensive public liability insurance insuring
Lessor and Lessee against any liability arising out of the Lessee's use, occupancy, or
maintenance of the Premises. Such insurance shall be in amount not less than $2,000,000
Combined Single Limit with respect to injuries to or death of persons, and/or destruction of or
damage to property; provided, however, that Lessor acknowledges and agrees that Lessee may
self -insure its liability up to $1,000,000. The limit of any such insurance shall not, however,
limit the liability of Lessee hereunder. Lessee may provide this insurance under a blanket policy
provided said insurance shall have a Lessor's protective liability endorsement attached thereto. If
Lessee shall fail to procure and maintain said insurance, Lessor may, but shall not be required to,
procure and maintain the same at the expense of Lessee. Lessee shall deliver to Lessor, prior to
right of entry, certificates evidencing the existence and amounts of such insurance with loss
payable clauses satisfactory to Lessor. All such policies shall be written as primary policies not
contributing with and not only in excess of coverage which Lessor may carry.
(b) Hazard Insurance. Throughout the term of this Lease, Lessor shall
procure and maintain fire, hazard and extended coverage insurance. Should the property become
uninhabitable due to loss or become uninhabitable for any other reason either party shall have the
option of terminating this Lease.
12. PERSONAL PROPERTY. Where furnished by or at the expense of Lessee, all
movable property, furniture, furnishings and trade fixtures, other than those affixed to the
Premises so that they cannot be removed without material damage, shall remain the property of
and be removable by Lessee, and in case of damage by reason of such removal, Lessee shall
restore the Premises, Building or common areas to good order and condition. Lessee shall pay or
cause to be paid before delinquency any and all taxes levied or assessed and which become
payable during the term hereof upon all Lessee's Improvements, equipment, furniture, fixtures,
and other personal property located in the Premises.
13. ENTRY BY LESSOR. At any and all reasonable times during regular business
hours, upon one (1) day's prior notice to Lessee, Lessor reserves and shall have the right to enter
and inspect the Premises, to submit the Premises to prospective purchasers or Lessees, to repair
the Premises and any portion of the Building that Lessor may deem necessary or desirable,
without abatement of Rent, and may for the purpose place equipment and work vehicles where
reasonably required by the character of the work to be performed, providing that the entrance to
the Premises shall not be blocked and the business of Lessee shall not be interfered with
unreasonably. Lessee hereby waives any claim for damages or for any injury or inconvenience
or interference with Lessee's business or any loss of occupancy or quiet enjoyment of the
Pacific Northwest Marine Co. dba Freedom Boat Club Page 4 of 10
Lease Agreement
Premises, and any other loss occasioned thereby, if Lessor shall have taken reasonable measure
to avoid such losses. Lessor shall have the right to use any means which Lessor deems proper to
access the Premises in an emergency, without liability to Lessee except for any failure to
exercise due care for Lessee's property, and any such entry to the Premises by Lessor shall not
under any circumstances be deemed to be forcible or unlawful entry into a detainer of the
Premises or an eviction of Lessee from the Premises or any portion thereof.
14. ASSIGNMENT AND SUBLETTING. Lessee shall not either voluntarily or by
operation of law assign, transfer, mortgage, pledge, hypothecate, or encumber this Lease or any
interest therein and shall not sublet the Premises or any part thereof or allow any person (the
employees, agents, servants, and invitees of Lessee excepted) to occupy or use the Premises or
any portion thereof, without the prior written consent of Lessor, which consent by Lessor shall
not be unreasonably withheld. Any such assignment or subletting without compliance with the
terms of this paragraph shall be void and shall, at the option of Lessor, constitute a default under
the terms of this Lease. If Lessee is a corporation, any transfer of this Lease from Lessee by
merger, consolidation, or liquidation or any change in the ownership or power to vote in the
majority of the outstanding voting stock of Lessee shall constitute an assignment for purposes of
this paragraph. Consent to one assignment, subletting, occupation, or use by any other person
shall not be deemed to be consent to any subsequent assignment, subletting, occupation, or use
by another person. Consent to any such assignment or subletting shall in no way relieve Lessee
of any liability under this Lease. Lessor may assign the Rent herein provided to any person,
partnership, corporation, or bank, and Lessee agrees when notified in writing by Lessor of such
assignment to make the Rent payments to assignee under the terms of said assignment.
15. LESSEE'S DEFAULT. The occurrence of any one or more of the following
events shall constitute a default and breach of this Lease by Lessee.
(a) Abandonment. Lessee vacates or abandons the Premises; or
(b) Failure to Pay Rent. Lessee fails to make any payment of Rent or any
other payment required to be made by Lessee hereunder, as and when due; or
(c) Failure to Observe Other Covenants. Lessee fails to observe or perform
any of its covenants, conditions, or provisions of this Lease, where such failure shall continue for
a period of thirty (30) days after written notice thereof by Lessor to Lessee; provided, however,
that if the nature of Lessee's default is such that more than thirty (30) days are reasonably
required for such cure, then Lessee shall not be deemed to be in default if Lessee commences
such cure within said thirty (30) days and thereafter, diligently prosecutes such cure to
completion; or
(d) Misrepresentation. Lessee makes or has made any warranty,
representation or statement to Lessor in connection with this Lease, or any other agreement to
which Lessee and Lessor are parties, which is or was false or misleading in any material respect
when made or furnished; or
(e) Failure to Take Possession. Lessee fails to take possession of the
Premises when Lessor delivers the same by notifying Lessee that the Premises are ready for
Pacific Northwest Marine Co. dba Freedom Boat Club Page 5 of 10
Lease Agreement
occupancy;or
(f) Insolvency. Lessee becomes insolvent or goes into bankruptcy.
16. REMEDIES ON DEFAULT.
(a) Termination and Entry. In the event of any default or breach by Lessee,
Lessor may, at any time thereafter with or without notice or demand, terminate this Lease by
written notice to Lessee, reenter and take possession of the Premises without termination of this
Lease, or pursue any remedy allowed by law. Lessee agrees to pay Lessor the cost of recovering
possession of the Premises, the expense of reletting, and any other costs or damages arising out
of Lessee's default including, without limitation, the costs of removing persons and property
from the Premises, the costs of repairing or altering the Premises for reletting, brokers'
commissions, and legal expenses and fees. Notwithstanding any termination, reentry, or
reletting, the liability of Lessee for the Rent for the balance of the term of this Lease shall not be
extinguished and Lessee shall pay and Lessor may recover from Lessee at the time of
termination, reentry, or reletting, the excess, if any, of the amount of the Rent reserved in this
Lease for the balance of the term hereof over the then reasonable rental value of the Premises for
the same period. Reasonable rental value shall mean the amount of rental which Lessor does or
could reasonably be expected to obtain as rent for the remaining balance of the Lease term. In
the event that Lessor relets the Premises or any part thereof without first terminating Lessee's
right to possession pursuant to this Lease, Lessor reserves the right, at any time thereafter, to
elect to terminate Lessee's right to possession to that portion of the Premises for the default that
originally resulted in the reletting.
(b) Removal of Personal Property. In the event of a retaking of possession
of the Premises by Lessor, Lessee shall remove all personal property located thereon. Upon
failure to do so and 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 such property at a public or private
sale and shall apply the proceeds of such sale first to the cost of such sale, second to the payment
of the charges for storage, if any, and third to the payment of any other sums of money which
may be due from Lessee to Lessor under the terms of this Lease, and any balance to Lessee.
Lessee hereby waives all claims for damages that may be caused by Lessor's lawfully reentering
and taking possession of the Premises 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.
(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.
17. EMINENT DOMAIN. If the whole of the Premises (or the whole or part of the
Building) shall be acquired or condemned by Lessor by eminent domain for any public or quasi -
public use, or if a part of the Premises is so taken so that the Premises are rendered unsuitable for
the business of Lessee, then the term of this Lease shall terminate as of the date title or
Pacific Northwest Marine Co. dba Freedom Boat Club Page 6 of 10
Lease Agreement
possession shall be transferred in such proceeding, whichever shall occur first. In the event of a
partial taking or condemnation which is not extensive enough to render the Premises unsuitable
for the business of Lessee, then Lessor shall restore the Premises to a condition comparable to its
condition immediately prior to such taking less the portion lost in the taking, and this Lease shall
continue in full force and effect provided, however, that the Monthly Rent shall abate in the same
ratio that the portion of the Premises so taken bears to the whole of the Premises. Lessor shall
have the right to receive the compensation of damages awarded upon either such total or partial
taking and Lessee shall have no claim thereto; provided that Lessee may independently pursue an
award or compensation for the taking of Lessee's personal property or fixtures or for the
interruption of or damage to Lessee's business and for any other interest of Lessee.
18. 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 -
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 Premises. Lessee shall indemnify, hold
harmless and defend Lessor 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 Premises 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.
19. GENERAL PROVISIONS. Lessor and Lessee agree to the following general
provisions:
(a) Waiver. The waiver by Lessor of any term, covenant, or condition herein
contained shall not be deemed to be the waiver of such term, covenant, or condition upon any
subsequent breach of the same or of any other term, covenant, or condition herein contained.
The subsequent acceptance of Rent hereunder by Lessor shall not be deemed to be a waiver of
any preceding default by Lessee of any term, covenant, or condition of this Lease other than the
failure of Lessee to pay the particular rental so accepted, regardless of Lessor's knowledge of
such preceding default at the time of the acceptance of such Rent.
(b) Time. Time is of the essence for this Lease and each and all of its
provisions in which performance is a factor.
(c) Paragraph Headings. The paragraph 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.
(d) 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.
Pacific Northwest Marine Co. dba Freedom Boat Club Page 7 of 10
Lease Agreement
(e) Recordation. Neither Lessor nor Lessee shall record this Lease, but a
short form memorandum hereof may be recorded at the request of Lessor.
(f) Quiet Possession. Upon Lessee paying the Rent reserved hereunder and
performing all of the covenants, conditions, and provisions on Lessee's part to be observed and
performed hereunder, Lessee shall have quiet possession of the Premises for the entire term
hereof. The Premises are leased subject to any and all existing encumbrances, conditions, rights,
covenants, easements, restrictions, rights-of-way, and any matters of record, applicable zoning
and building laws, and such matters as may be disclosed by inspection or survey.
(g) Prior Agreements. This Lease contains all of the agreements of the
parties hereto with respect to any matter covered or mentioned in this Lease and no prior
agreements or understandings pertaining to any such matters shall be effective for any purpose.
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. This Lease shall not be effective
or binding upon any party until fully executed by both parties hereto.
(h) Inability to Perform. The time period within which any party is to fulfill
an obligation of such party under this Lease shall be extended by such time period that party is
unable to fulfill any of its obligations hereunder or is delayed in doing so, if such inability or
delay is caused by reason of strike, labor troubles, acts of God, or any other cause beyond the
reasonable control of such party.
(i) 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.
(j) Cumulative Remedies. No remedy or election hereunder shall be
deemed exclusive but shall whenever possible be cumulative with all other remedies at law or in
equity.
(k) Choice of Law and Attorney's Fees. This Lease shall be governed by
the laws of the State of Washington. The parties agree that venue for any action hereunder shall
properly lie in Kitsap County, Washington. Unless otherwise set forth in this Lease, each party
shall be responsible for all its own costs and fees in the event of a dispute.
(1) Execution. This Lease may be executed in several counterparts, each of
which shall be deemed an original instrument.
(m) Notices. All notices to be given hereunder shall be in writing and shall be
personally delivered and receipt acknowledged, sent by United States certified mail, return
receipt requested, sent by facsimile, with original delivered within three (3) days, or sent by
overnight delivery through public or private service, delivery charge prepaid, and addressed to
the party at the respective mailing address as herein set forth.
Pacific Northwest Marine Co. dba Freedom Boat Club Page 8 of IO
Lease Agreement
To Lessor at:
To Lessee at:
City of Bremerton
345 Sixth St., Suite 100
Bremerton, WA 98337
Pacific Northwest Marine Company
DBA Freedom Boat Club
821 Dock Street, PMB 2-1
Tacoma, WA 98402
It is understood that each party may change the address to which notice may be sent by
giving a written notice of such change to the other party hereto in the manner herein provided.
(n) Lessee's Corporate Authority. Lessee is a Washington corporation, and
each individual executing this Lease on behalf of said corporation represents and warrants that he
or she is duly authorized to execute and deliver this Lease on behalf of said corporation, in
accordance with a duly adopted resolution of the board of directors of said corporation or in
accordance with the bylaws of said corporation, and that this Lease is binding upon said
corporation in accordance with its terms. Lessee further represents and warrants that it is fully
registered and qualified to do business in the State of Washington.
IN WITNESS WHEREOF, the parties hereto have executed this Lease the day and year
first above written.
LESSOR
CITY OF BREMERTON
By:
Its: Mayor
LESSEE
PACIFIC NORTHWEST MARINE CO.
By:
Its: President
[NOTARY SIGNATURES ON NEXT PAGE]
Pacific Northwest Marine Co. dba Freedom Boat Club Page 9 of 10
Lease Agreement
STATE OF WASHINGTON)
COUNTY OF KITSAP )
I certify that I know or have satisfactory evidence that
is the person who appeared before me, and said person acknowledged that he/she signed this
instrument, on oath stated that he/she was authorized to execute the instrument, and
acknowledged it as the of the City of Bremerton to be the free and voluntary
act of such City for the uses and purposes mentioned in the instrument.
DATED:
NOTARY PUBLIC in and for the State of
Washington, residing at
My commission expires
STATE OF WASHINGTON)
COUNTY OF KITSAP )
I certify that I know or have satisfactory evidence that is
the person who appeared before me, and said person acknowledged that he/she signed this
instrument, on oath stated that he/she was authorized to execute the instrument, and
acknowledged it as the of the to be the free and
voluntary act of such corporation for the uses and purposes mentioned in the instrument.
DATED:
NOTARY PUBLIC in and for the State of
Washington, residing at
My commission expires
Pacific Northwest Marine Co. dba Freedom Boat Club Page 10 of 10
Lease Agreement
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From: Shannon Corin
Sent: Monday, January 8, 2018 1:56 PM
To: City Council; Greg Wheeler; 'parker@net-nw.com'
Cc: Roger Lubovich; Kylie Purves
Subject: RE; Citizen Comment - Study Session Agenda Item A3 (Robert Parker)
Mayor Wheeler and City Council,
Because of the type of bonds we have on our parking garages, this would need to be vetted by our Bond Counsel to
determine if we are allowed to lease any further spaces in our garages for private use.
Best Regards,
City Clerk
City of Bremerton
(360) 473-5323
From: Lori Smith On Behalf Of City Council
Sent: Monday, January 08, 2018 1:45 PM
To: parker@net-nw.com
Cc: City Council City.Council@ci.bremerton.wa.usr, Shannon Corin <Shannon.Corin@ci.bremerton.wa.us>
Subject: FW: Citizen Comment - Study Session Agenda Item A3 (Robert Parker)
RE: Study Session Agenda Item A3 "Lease Agreement with Pacific NW Marine Co. (dba Freedom Boat Club) far
Commercial Office Space adjacent to the Louis Mentor Boardwalk"
Mr. Parker,
This is to acknowledge receipt of your e-mail, which I provide to the Council Members for their review and
consideration.
As mentioned by Mayor Wheeler, your e-mail will also be included as a part of the record.
Thank you for taking the time to share your comments,
C` r
Legislative Assistant
Bremerton City Council
(360) 473-5280
City.Couneil.@ci.bremerton.wa.us
www.BremertonWA. ov
From: Greg Wheeler
Sent: Sunday, 7anuary 7, 2018 3:58 PM
To: oiler tscn team
Cc: Eric Younger ric. oun er ci.breme on.wa. s>; Roger Lubovich <Ro er.Lubovich ci.bremerton.wa.us>; Kylie
Purves [K Iie.Purves cl.bremerton.wa,us>; City Council <City.Council ci.bremertonwa use
Subject: Re: Study Session Agenda Item A3
1
Thank you for your question Mr. Parker. I am including City Council in my reply to have your email added to
the packet for discussion and as a matter of record. I am CC'ing Legal staff to verify whether parking
requirements have ever been included for leasing this particular office space. You have raised an interesting
question.
Thank you,
Greg Wheeler
Mayor
City of Bremerton
Sent from my iPad
On Jan 7, 2018, at 9:10 AM, Robert Parker < arker�cr�net-nw.com� wrote:
Mayor Wheeler,
Reviewing the study session agenda (A3) for January 10, 2018, 1 have noticed the city has finally found a
lessee for the boardwalk marina office space. Noted is that the lease does not address parking included
with the space or a provision requiring the leasing of off-street parking. Would it not be reasonable and
responsible of the city to require or allocate some type of parking when leasing it's properties so that on -
street parking is not further challenged in that area already having parking issues?
Your thoughts and possible action is appreciated.
Thank you,
Robert Parker
360-377-6540 office
360-377-2356 fax
arker tscnet.com
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Resolution No.
authorizing National Fish and Wildlife
Foundation Five Star & Urban Waters
Restoration Program Grant Application for
Kitsap Lake
Study Session Date: January 10, 2018
COUNCIL MEETING Date: January 17. 2018
Department:
Presenter:
Phone:
Parks and Recreation
Jeff Elevado
(360) 473-5428
SUMMARY: Currently nine acres of Eurasian Milfoil and Fragrant Water Lily engulf Kitsap Lake
Park's wetland, public boat launch, fishing pier and swimming areas. Coupled with increased nutrient
load, this negatively impacts habitat and water quality, creating toxic algae blooms and health
hazards to both humans and wildlife alike. This project will remove the aquatic weeds in this defined
area abutting the city park and conduct community outreach with lakeside property owners. This
community outreach is the first step towards soliciting feedback towards a long-term maintenance
plan for all of Kitsap Lake.
The grant amount requested will be approximately $20,000. A minimum 1:1 non-federal match of
cash and in-kind goods and services is required and will consist of cash donations and force -account
labor for grant administration, contract management, and public outreach.
ATTACHMENTS: Resolution No. authorizing Grant Application; Exhibit A: Grant Application
FISCAL IMPACTS (Include Budgeted Amount): If funded, the $20,000 grant will be matched with
cash donations and in-kind/force-account labor.
STUDY SESSION AGENDA: 0 Limited Presentation ❑ Full Presentation
STUDY SESSION ACTION: ❑ Consent Agenda ❑ General Business ❑ Public Hearing
RECOMMENDED MOTION:
Move to approve Resolution No. authorizing staff to make application to the National Fish
and Wildlife Foundation Five Star & Urban Waters Restoration Program Grant; and authorize the
Mayor to finalize and execute the agreement with substantially the same terms and conditions as
presented.
COUNCIL ACTION: ❑ Approve
Form Updated 01/02/2018
❑ Deny ❑ Table ❑ Continue ❑ No Action
RESOLUTION NO.
A RESOLUTION of the City Council of the City of
Bremerton, Washington authorizing submission of an application
for a Five Star & Urban Waters Restoration Program Grant from
the National Fish and Wildlife Foundation for Kitsap Lake Park.
WHEREAS, authorization is needed to submit an application for National Fish &
Wildlife grant funding;
WHEREAS, nine acres of Kitsap Lake Park's wetland, public boat launch, fishing
pier and swimming areas are engulfed with aquatic weeds negatively impacting habitat and water
quality;
WHEREAS, grant funding will enable aquatic weed removal and community
outreach with lakeside property owners to foster long-term stewardship of Kitsap Lake;
NOW THERFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION]. The recitals above are incorporated as if fully set forth herein.
SECTION2. The Mayor, or the Mayor's designee, is authorized to make formal
application to the National Fish and Wildlife Foundation's Five Star & Urban Waters
Restoration Program Grant for funding assistance. The application form is attached hereto as
Exhibit A.
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.
Page 1 of 2
Resolution Kitsap Lake Park Grant Application
PASSED by the City Council of the City of Bremerton, Washington this
January, 2018.
APPROVED AS TO FORM:
ROGER A. LUBOVICH, City Attorney
Council President
ATTEST:
day of
SHANNON CORIN, City Clerk
Page 2 of 2
Resolution Kitsap Lake Park Grant Application
yd Pao'LO<��F
r
zNM
Five Star & Urban Waters Restoration Program
°-.rbN ao.4c Full Proposal Project Narrative
Instructions: Save this document on your computer and complete the narrative in the format provided. Do not change the formatting
(Times New Roman Ilnt font, 3/ inch mar, -in). The final narrative should not exceed six (6) pages. Do not delete the text provided
below. Unload completed document as a PDF or MS Word file into the on-line amAication as instructed. Bulleted lists may be used.
L PROJECT CONTEXT
1. Specify the total acres the project will restore and identify the target watershed and focal species/habitat.
Describe the project's connection to the watershed and explain the need for the project. Show total
magnitude/relative impact of the project (acres restored, etc.); identify the watershed and any targeted
species; explain how the project complements or implements existing national, state or regional watershed
management plans, state wildlife action plans or species conservation plans; and, identify overall key threats
to targeted species and watershed.
2. Who will be involved in the planning and implementation phases of the project? State the number of
community members directly engaged or impacted. Describe community characteristics of the project
area and identify any underserved or high -need communities. Explain the role each partner will play in
planning and implementing the project and include the total magnitude/relative impact of the project (# people
engaged, etc). Use poverty statistics, school lunch data or demographic records to articulate high -need
communities and identify how the project increases community members' access to nature and decreases their
potential risk of harm from potential environmental hazards.
3. Will your project involve a USFWS-designated National Wildlife Refuge or Migratory Bird Treaty
Area? See Funding Availability in RFP and answer only if applicable.
4. If your project is located in one of the corporate -sponsored urban areas requesting a community service
opportunity, describe the type of day -long community service event you propose to host for up to 50
employees of our corporate sponsor and your partnership's capacity to carry out this event. Include
event location, specific activities and approximate date. See Funding Availability in RFP and answer only if
applicable.
IL CONSERVATION AND OUTREACH ACTIV TIES
5. For each conservation metric, identify and briefly describe the major restoration activity that your
partnership will undertake. For each metric, list major restoration activities and describe how each will
meaningfully advance the project's conservation goals and improve the health of the watershed and focal
species/habitat.
6. For each outreach/educational and conservation metric, briefly describe each corresponding, major
educational/outreach activity that your partnership will undertake. For each metric, list major
outreach/educational activities and describe how each will meaningfully advance the educational and
conservation goals of the project and benefit the targeted communities.
7. What are your long-term educational and conservation outcomes for this project and how will you
measure progress? Include your conservation target species, habitats and/or any threats to these species and
habitats you will address. Explain how this project will contribute to these long-term outcomes and how you
will disseminate results and apply lessons learned to future efforts.
III. MATCHING CONTRIBUTIONS & CAPACITY BUILDING
8. Complete the table to describe how all partners are involved in the project. The project must have at least
5 diverse partners contributing a variety of expertise to the project. All partner contributions should include a
dollar value equivalent and each should correspond exactly to the "matching contributions " section of your
Easygrants proposal while expanding on partner roles. Add rows as needed.
9. Describe how the project partnership will build capacity for expanding community stewardship in the
area. Discuss the relationships (new and existing) that you and your partners have with each other and the
target audiences, and how this will influence future community stewardship efforts.
10. Explain your plan for monitoring project achievements beyond the project period (3 years or more).
Include brief details as to how your partnership will ensure the sustainability of the project's results.
Qualificatio
Partner
ns
(project-
Contribution(s)
Value of
(organization/
related
(goods or service being provided)
Contribution(s)
individual)
skills/experti
(dollar equivalent)
se)
Example:
John Smith
Naturalist
Provide details on appropriate native species
$500
to be planted in project area
Example:
Girl Scout Troop
Manual
Volunteer hours to construct trail bridge and
$1000
#242
labor
educational signs on nature trail
1
2
3
4
5
Total:
$
9. Describe how the project partnership will build capacity for expanding community stewardship in the
area. Discuss the relationships (new and existing) that you and your partners have with each other and the
target audiences, and how this will influence future community stewardship efforts.
10. Explain your plan for monitoring project achievements beyond the project period (3 years or more).
Include brief details as to how your partnership will ensure the sustainability of the project's results.
SUBJECT: Interlocal Participation
Agreement with BuyBoard® National
Purchasing Cooperative
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
A5
Study Session Date: January 10, 2018
COUNCIL MEETING Date: January 17. 2018
Department:
Presenter:
Phone:
Parks & Recreation
Jeff Elevado
(360) 473-5428
SUMMARY: Execution of an Interlocal Participation Agreement with BuyBoard® National
Purchasing Cooperative will allow the City to utilize contracts that have been competitively and
publicly bid and awarded by another entity in order to procure goods and services. The benefits of
this approach to procurement includes reduced administrative cost, opportunities for greater
efficiency and economy in acquiring goods and services, and cost savings through nationally
leveraged pricing. Cooperative purchasing has become recognized as a public procurement best
practice.
ATTACHMENTS: Interlocal Participation Agreement
FISCAL IMPACTS (Include Budgeted Amount): None. Membership is free of charge.
STUDY SESSION AGENDA: 0 Limited Presentation ❑ Full Presentation
STUDY SESSION ACTION: ❑ Consent Agenda ❑ General Business ❑ Public Hearing
RECOMMENDED MOTION:
Move to approve the Interlocal Participation Agreement with BuyBoard® National Purchasing
Cooperative; and authorize the Mayor to finalize and execute the agreement with substantially the
same terms and conditions as presented.
COUNCIL ACTION: ❑ Approve
Form Updated 01/02/2018
❑ Deny ❑ Table ❑ Continue ❑ No Action
gNational
Purchasing Cooperative
NATIONAL PURCHASING COOPERATIVE
INTERLOCAL PARTICIPATION AGREEMENT
This Interlocal Participation Agreement ("Agreement") is made and entered into on the date indicated
below by and between The National Purchasing Cooperative ("Cooperative"), an administrative agency of
cooperating local governments, acting on its own behalf and the behalf of all participating local governments,
and the undersigned local government ("Cooperative Member").
I. RECITALS
WHEREAS, the National Purchasing Cooperative was formed on May 26, 2010, pursuant to MD. CODE
ANN., STATE FiN. & PRoc. § 13-110 (West 2009), and R.I.GEN.LAws § 16-2-9.2 (2009); and
WHEREAS, the purpose of this Agreement is to facilitate compliance with state procurement
requirements, to identify qualified vendors of commodities, goods and services, to relieve the burdens of the
governmental purchasing function, and to realize the various potential economies, including administrative cost
savings, for Cooperative Members;
NOW THEREFORE, in consideration of the mutual covenants, promises and obligations contained
herein, the undersigned Cooperative Member and the Cooperative agree as follows.
IL TERMS AND CONDITIONS
1. Adopt Organizational Interlocal Cooperation Agreement. The Cooperative Member by the execution
or acceptance of this Agreement hereby adopts and approves the Organizational Interlocal Agreement
dated May 26, 2010, which agreement is incorporated herein by reference (and is available from the
Cooperative upon request). The Organizational Interlocal Agreement established the Cooperative as an
administrative agency of its collective participants, and Cooperative Member agrees to become a
participant or additional party to that Organizational Interlocal Agreement.
2. Term. The initial term of this Agreement shall commence on the date it is executed by both parties and
shall automatically renew for successive one-year terms unless sooner terminated in accordance with the
provisions of this Agreement.
3. Termination.
(a) By the Cooperative Member. This Agreement may be terminated by the Cooperative Member
at any time by thirty (30) days prior written notice to the Cooperative, provided any amounts
owed to any vendor have been fully paid.
Page 1 of 6
(Revised by the Cooperative Board of Directors on March 10, 2016).
(b) By the Cooperative. The Cooperative may terminate this Agreement by:
(1) Giving ten (10) days notice by certified mail to the Cooperative Member if the Cooperative
Member breaches this Agreement; or
(2) Giving thirty (30) days notice by certified mail to the Cooperative Member with or without
cause.
(c) Termination Procedure. If the Cooperative Member terminates its participation under this
Agreement or breaches this Agreement, or if the Cooperative terminates participation of the
Cooperative Member, the Cooperative Member shall bear the full financial responsibility for all
of its purchases made from vendors under or through this Agreement. The Cooperative may seek
the whole amount due, if any, from the terminated Cooperative Member. In addition, the
Cooperative Member agrees it will not be entitled to a distribution which may occur after the
Cooperative Member terminates from the Cooperative.
4. Payments by Cooperative Member. The Cooperative Member will make timely payments to the vendor
for the goods, materials and services received in accordance with the terms and conditions of the bid
invitation, instructions, and all other applicable procurement documents. Payment for goods, materials
and services and inspections and acceptance of goods, materials and services ordered by the procuring
Cooperative Member shall be the exclusive obligation of the procuring Cooperative Member, and not the
Cooperative. Furthermore, the Cooperative Member is solely responsible for negotiating and securing
ancillary agreements from the vendor on such other terms and conditions, including provisions relating to
insurance or bonding, that the Cooperative Member deems necessary or desirable under federal, state or
local law, local policy or rule, or within its business judgment.
5. Payments by Vendors. The parties agree that the Cooperative will require payment from vendors which
are selected to provide goods, materials or services to Cooperative Members. Such payment (hereafter
"Vendor Fees") may be up to two percent (2%) of the purchase price paid by Cooperative Members or a
flat fee amount that may be set from time to time by the Cooperative Board of Directors. Cooperative
Member agrees that these Vendor Fees fairly compensate the Cooperative for the services and functions
performed under this Agreement and that these Vendor Fees enable the Cooperative to pay the
administrative, endorsement, licensing, marketing, and other expenses involved in successfully operating a
program of electronic commerce for the Cooperative Members. Further, Cooperative Member
affirmatively disclaims any rights to such Vendor Fees, acknowledging all such fees are the property of
the Cooperative. Similarly, in no event shall a Cooperative Member be responsible for payment of
Vendor Fees.
6. Distribution. From time to time, and at the sole discretion of the Cooperative Board of Directors, the
Cooperative may issue a distribution to Cooperative Members under a plan developed by the Cooperative
Board of Directors. The Cooperative Member acknowledges that a distribution is never guaranteed and
will depend on the overall financial condition of the Cooperative at the time of the distribution and the
purchases made by the Cooperative Member.
7. Administration. The Cooperative may enter into contracts with others, including non-profit associations,
for the administration, operation and sponsorship of the purchasing program provided by this Agreement.
The Cooperative will provide reports, at least annually, to the Cooperative Member electronically or by
Page 2 of 6
(Revised by the Cooperative Board of Directors on March 10, 2016).
mail. Cooperative Member will report purchase orders generated under this Agreement to the Cooperative
or its designee, in accordance with instructions of the Cooperative.
8. BuyBoard®. Cooperative Member will have a non-exclusive license to use the BuyBoard electronic
purchasing application (BuyBoard) during the term of this Agreement. Cooperative Member
acknowledges and agrees that the BuyBoard electronic application and trade name are owned by the Texas
Association of School Boards, Inc., and that neither the Cooperative nor the Cooperative Member has any
proprietary rights in the BuyBoard electronic application or trade name. The Cooperative Member will
not attempt to resell, rent, or otherwise distribute any part of BuyBoard to any other party; nor will it
attempt to modify the BuyBoard programs on the server or acquire the programming code. The
Cooperative Member may not attempt to modify, adapt, translate, distribute, reverse engineer, decompile,
or disassemble any component of the application. The Cooperative Member will use BuyBoard in
accordance with instructions from the Cooperative (or its designee) and will discontinue use upon
termination of participation in the Cooperative. The Cooperative Member will maintain equipment,
software and conduct testing to operate the BuyBoard system at its own expense.
III. GENERAL PROVISIONS
1. Amendment by Notice. The Board may amend this Agreement, provided that prior written notice is sent
to the Cooperative Member at least 60 days prior to the effective date of any change described in such
amendment and provided that the Cooperative Member does not terminate its participation in the
Cooperative before the expiration of said 60 days.
2. Authorization to Participate and Compliance with Local Policies. Each Cooperative Member
represents that its governing body has duly authorized its participation in the Cooperative and that the
Cooperative Member will comply with all state and local laws and policies pertaining to purchasing of
goods and services through its membership in the Cooperative.
3. Bylaws. The Cooperative Member agrees to abide by the Bylaws of the Cooperative, as they may be
amended, and any and all written policies and procedures established by the Cooperative. Notwithstanding
the foregoing, the Cooperative shall provide written notice to the Cooperative Member of any amendment
to the Bylaws of the Cooperative and any written policy or procedure of the Cooperative that is intended to
be binding on the Cooperative Member. The Cooperative shall promptly notify all Cooperative Members
in writing of any Bylaw amendment, policy or procedure change.
4. Cooperation and Access. The Cooperative Member agrees that it will cooperate in compliance with any
reasonable requests for information and/or records made by the Cooperative. The Cooperative reserves the
right to audit the relevant records of any Cooperative Member. Any breach of this provision shall be
considered material and shall make the Agreement subject to termination on ten (10) days written notice to
the Cooperative Member.
5. Coordinator. The Cooperative Member agrees to appoint a program coordinator who shall have express
authority to represent and bind the Cooperative Member, and the Cooperative will not be required to
contact any other individual regarding program matters. Any notice to or any agreements with the
coordinator shall be binding upon the Cooperative Member. The Cooperative Member reserves the right to
change the coordinator as needed by giving written notice to the Cooperative. Such notice is not effective
until actually received by the Cooperative.
Page 3 of 6
(Revised by the Cooperative Board of Directors on March 10, 2016).
6. Current Revenue. The Cooperative Member hereby represents that all payments, fees, and
disbursements required of it hereunder shall be made from current revenues budgeted and available to the
Cooperative Member.
7. Defense and Prosecution of Claims. The Cooperative Member authorizes the Cooperative to regulate the
commencement, defense, intervention, or participation in a judicial, administrative, or other governmental
proceeding or in an arbitration, mediation, or any other form of alternative dispute resolution, or other
appearances of the Cooperative in any litigation, claim or dispute which arises from the services provided
by the Cooperative on behalf of its members, collectively or individually. Neither this provision nor any
other provision in this Agreement will create a legal duty for the Cooperative to provide a defense or
prosecute a claim; rather, the Cooperative may exercise this right in its sole discretion and to the extent
permitted or authorized by law. The Cooperative Member shall reasonably cooperate and supply any
information necessary or helpful in such prosecution or defense. Subject to specific revocation, the
Cooperative Member hereby designates the Cooperative to act as a class representative on its behalf in
matters arising out of this Agreement.
8. Governance. The Board of Directors (Board) will govern the Cooperative in accordance with the Bylaws.
9. Legal Authority. The Cooperative Member represents to the Cooperative the following:
a) The Cooperative Member has conferred with legal counsel and determined it is duly authorized by
the laws of the jurisdiction in which the Cooperative Member lies to participate in cooperative
purchasing, and specifically, the National Purchasing Cooperative.
b) The Cooperative Member possesses the legal authority to enter into this Agreement and can allow
this Agreement to automatically renew without subsequent action of its governing body.
c) Purchases made under this Agreement will satisfy all procedural procurement requirements that the
Cooperative Member must meet under all applicable local policy, regulation, or state law.
d) All requirements—local or state—for a third party to approve, record or authorize the Agreement
have been met.
10. Disclaimer. THE COOPERATIVE, ITS ENDORSERS, SPONSORS AND SERVICING
CONTRACTORS, INCLUDING THE NATIONAL SCHOOL BOARDS ASSOCIATION (NSBA) AND
THE TEXAS ASSOCIATION OF SCHOOL BOARDS, INC. (TASB), DO NOT WARRANT THAT THE
OPERATION OR USE OF COOPERATIVE SERVICES WILL BE UNINTERRUPTED OR ERROR
FREE.
THE COOPERATIVE, ITS ENDORSERS, SPONSORS AND SERVICING CONTRACTORS, HEREBY
DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, IN REGARD TO ANY
INFORMATION, PRODUCT OR SERVICE FURNISHED UNDER THIS AGREEMENT, INCLUDING
WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE.
11. Limitation of Liability. Without waiver of the disclaimer or other limitation of liability in this
Agreement, the parties agree that:
(a) Neither party waives any immunity from liability afforded under law;
Page 4 of 6
(Revised by the Cooperative Board of Directors on March 10, 2016).
(b) In regard to any lawsuit or formal adjudication arising out of or relating to this Agreement, neither
party shall be liable to the other under any circumstance for special, incidental, consequential, or
exemplary damages;
(c) The maximum amount of damages recoverable will be limited to the amount of fees which the
Cooperative received as a direct result of the Cooperative Member's purchase activity, within 12
months of when the lawsuit or action was filed; and
(d) In the event of a lawsuit or formal adjudication the prevailing party will be entitled to recover
reasonable attorney's fees.
Without waiver of the disclaimer or other limitation of liability in this Agreement, the parties further agree
to limit the liability of the Cooperative's Endorsers, Sponsors and Servicing Contractors (defined in
Paragraph 11, above) up to the maximum amount each received from or through the Cooperative, as a
direct result of the undersigned Cooperative Member's purchase activity, within 12 months of the filing of
any lawsuit or action.
12. Limitation of Rights. Except as otherwise expressly provided in this Agreement, nothing in this
Agreement is intended to confer upon any person, other than the parties hereto, any benefits, rights, or
remedies under or by reason of this Agreement.
13. Merger/Entirety. This Agreement, together with the Cooperative's Bylaws and Organizational Interlocal
Agreement, represents the complete understanding of the Cooperative and Cooperative Member. To the
extent there exists any conflict between the terms of this Agreement and that of prior agreements, the terms
of this Agreement shall control and take precedence over all prior participation agreements.
14. Notice. Any written notice to the Cooperative may be given by e-mail to NSBA at BuyBoard@nsba.org;
by U.S. mail, postage prepaid, and delivered to the National Purchasing Cooperative, 1680 Duke Street
FL2, Alexandria, VA, 22314; or other mode of delivery typically used in commerce and accessible to the
intended recipient. Notices to Cooperative Member may be given by e-mail to the Cooperative Member's
Coordinator or other e-mail address of record provided by the Cooperative Member; by U.S. mail, postage
prepaid, and delivered to the Cooperative Member's Coordinator or chief executive officer (e.g.,
superintendent, city manager, county judge or mayor); or other mode of delivery typically used in
commerce and accessible to the intended recipient.
15. Severability. If any portion of this Agreement shall be declared illegal or held unenforceable for any
reason, the remaining portions shall continue in full force and effect.
16. Signatures/Counterparts. The failure of a party to provide an original, manually executed signature to
the other party will not affect the validity, enforceability or binding effect of this Agreement because
either party may rely upon an electronic or facsimile signature as if it were an original. Furthermore, this
Agreement may be executed in several separate counterparts, each of which shall be an original and all of
which shall constitute one and the same instrument.
17. Authority. By the execution and delivery of this Agreement, each undersigned individual represents that
he or she is authorized to bind the entity that is a party to this Agreement.
Page 5 of 6
(Revised by the Cooperative Board of Directors on March 10, 2016).
IN WITNESS WHEREOF, the parties, acting through their duly authorized representatives, accept this
Agreement.
TO BE COMPLETED BY THE NATIONAL PURCHASING COOPERATIVE:
By: Date:
Deputy Associate Executive Director, Member & Leadership Services
National School Boards Association
On behalf of the National Purchasing Cooperative
TO BE COMPLETED BY COOPERATIVE MEMBER: ONLINE AT BUYBOARD.COM VIA
ELECTRONIC SIGNATURE
Page 6 of 6
(Revised by the Cooperative Board of Directors on March 10, 2016).
AGENDA BILL
CITY OF BREMERTON ��
CITY COUNCIL
SUBJECT: Local Agency Contract with Study Session Date: January 10, 2018
MJ Hughes Construction, Inc. for West COUNCIL MEETING Date: January 17, 2018
Belfair Valley Rd and Tracyton Beach Rd Department: PW&U Engineering
Innovative Safety Project Presenter: Shane Weber
Phone: 360-473-2354
SUMMARY: The City bid the project and bids were opened on December 20, 2017 and 6 bids were
received. MJ Hughes Construction Inc. is the lowest responsive, responsible bidder with their bid of
$1,149,761.05. The Washington State Department of Transportation is required to concur with the
City's recommendation to award the contract; staff have recommended the bid for approval. The
contract is in WSDOT standard format as required for Federal Aid Projects; the complete contract is
available for review in the Engineering Office. The project constructs high friction surface treatment,
guardrail, drainage improvements, and signage.
ATTACHMENTS: 1) Vicinity Map 2) Bid Tabulation 3) Contract
FISCAL IMPACTS (Include Budgeted Amount): This project is included in the Capital budget, and
is funded by the 2016 Innovative Safety Program - Federal Highway Safety Improvement Program
(HSIP). The grant award was $1,675,490.
STUDY SESSION AGENDA: 0 Limited Presentation ❑ Full Presentation
STUDY SESSION ACTION: ❑ Consent Agenda ❑ General Business ❑ Public Hearing
RECOMMENDED MOTION:
Move to award construction of the West Belfair Valley Rd. and Tracyton Beach Rd. Innovative Safety
project to MJ Hughes Construction Inc. upon receipt of concurrence to award from the Washington
State Department of Transportation in the amount of $1,675,490 including WA State sales tax; 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
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CITY OF BREMERTON
BID TABULATION
BID West Belfair Valley Rd and Tracyton Beach Rd OPENED Katie Ketterer
Innovative Safety Project
LE: _
8Y:
DATE TIME ` IT RECORDED
OPENED: 12/20/17 OPENED: 10:00 AM BY: Shannon Corin
NAME OF BIDDER BOND TOTAL BID (incl. Sales Tax)
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SUMMARY
ENGINEER'S ESTIMATE $1,450,000
APPARENT LOW BIDDER
S pv4NS $ l 1 y9� ��I, a�
SECOND LOW BIDDER
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Local Agency Contract
THIS AGREEMENT, made and entered into this dad of
betwem the, and the
tinder and by virtue of Tide 47 RCW, as amended and
herema&u called the Canfactur.
Wl?IwTESSETH:
That m consider & m of the terms and conditions contained herein and attached and made a
part of this agreement; the parties hereto cowenant and agree as follows:
The Contractor shall do all work and furnish all tools, materiah. and equipment far:
in accordance u-ith and as descnbed in the attached plans and specific arons, and the
standard specifications of the .vhich are by this reference incorporated herem and made part hereof
and, shall perform any changes m the work to accord with the Con=& Documents_
The Contractor shall provide and hear the expense of all equipment, work and labor, of acre
sort whatscaever that my be required for the transfer of materials and for coustrucibw and
completing the worli prm-ided for inihem Contract Docuinezt3 except these items mentioned
therein to be furnished b'- _
IIe hereby promises and agrees with the Contractor to emplay, and does employ the
Conan tcrto provide the materials and to do and cause to be dcrrbe the above described work and to
complete and finish the sane in accord with the attach plans and specifications and the terms and
conditions herein contained and hereby contracts to pay far the same according to the attached
specifications and the schedule of unit or itemu.ed prices at the time and in the manner and capon the
conditions provided for in this coatracs.
SR
City of Bremerton
West BeNir Valley Rd and Tracyton Beach Rd Innovative Saf ly
Project
Bid Documents CD -17
MT ban Z12 -CMA EF
=. CSi
HDR #10058164
November 2017
III_ The Contractor for himmelfherself and for has her heirs exwutors_ adunmstratoes.
saee^emsors_ and assigas_ does hereby agree to full performance of all converrauts regtured of the
Contractor in the contract.
IV It is further provided that no liability shall attach to the State by reason ofmtering
mmo this conka4 except as pro*Aded hereuiL
RZ IATI ESS Ik'=OF. the Contractor has executed this instrunwA on the day and year
Ent below written and has caased this instrument to be mmmted by and in the name of the day
and year first above written.
Emented by the Contractor
Local Agency.-
True-
By
gency.True-By-
Date:
SR
City of Bremerton
West BeNir Valley Rd and Tracyton Beach Rd Innovative Safety
Project
Bid Documents CD -18
nar F;wm M EF
O7rAii
HDR #10058164
November 2017
AGENDA BILL ��
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Illumination Upgrades by Puget
Sound Energy on SR303 (Wheaton Way)
from Sheridan Road to NE Riddell Road
Study Session Date: January 10, 2018
COUNCIL MEETING Date: January 17. 2018
Department:
PW&U
Presenter:
Tom Knuckey
Phone:
360.473.2376
SUMMARY: At the City's request, Puget Sound Energy completed an evaluation of lighting on
Wheaton Way between Sheridan Road and Riddell Road. Recommended improvements would
convert all existing high pressure sodium fixtures to LED and increase the total number of fixtures
along the corridor from 19 to 40. The lighting upgrade will improve illumination along the corridor to
meet roadway lighting standards at all intersections, and nearly everywhere else throughout the
corridor. Installation of the lighting will cost $26,691.76, plus traffic control for the upgrade of existing
lights which is estimated to be less than $1,000. These lighting upgrades will increase annual
energy/maintenance charge to PSE by approximately $6,000.
ATTACHMENTS: PSE Proposal Letters (2 letters)
FISCAL IMPACTS (Include Budgeted Amount): Funding is included in the Transportation Projects
Fund (315) under City Safety Improvement Annual Program
STUDY SESSION AGENDA: 0 Limited Presentation ❑ Full Presentation
STUDY SESSION ACTION: ❑ Consent Agenda ❑ General Business ❑ Public Hearing
RECOMMENDED MOTION:
Move to approve the Puget Sound Energy illumination upgrades on Wheaton Way with costs not to
exceed $28,000; and authorize the Mayor to finalize and execute the agreements with substantially
the same terms and conditions as presented.
COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action
Form Updated 01/07/15
PUGET SOUND ENERGY
December 26, 2017
City of Bremerton
Attn: John Butler
345 6t' St, Suite 100
Bremerton, Wa 98337
Project Name: Wheaton Way
Project locations: SR 303 from Sheridan to Riddell
Dear John,
Thank you for your street lighting request to service the above location. With your authorization, we will proceed
with the installation of 22- new LED Cobraheads on the existing PSE poles. 2) 138W, 11) 203W, 6) 285W, 1) 54W
and 2) 102W LED's. The cost for this construction is $17,798.71. This includes one day of flagging. Payment for
installation will be requested after installation is completed. This estimate is valid for 90 days.
The monthly energy/maintenance charge of $9.70, $12.33, $13.99, $17.80, $21.78 respectively as per our
Schedule 53 Electric Tariff G, will start once the lights are energized
The responsible billing party will be: City of Bremerton
By signing this letter and returning it, you are stating that you authorize us to do the work and this order will be
released to construction for scheduling. Upon receipt of the signed agreement, we will order materials and schedule
the construction. Please provide date installation should take place:
If you have any questions, please call me at 425-516-5432
Sincerely,
Wal 1'C"A. wy
Lisa Kinney
Account Sales Manager, PSE Pole Services
The above is accepted and authorization is given:
LN
Date:
Print: Title:
40 PUGET SOUND ENERGY
December 26, 2017
City of Bremerton
Attn: John Butler
345 6t' St, Suite 100
Bremerton, Wa 98337
Project Name: Wheaton Way Change Out
Project locations: SR 303 from Sheridan to Riddell
Dear John,
Thank you for your street lighting request to service the above location. With your authorization, we will proceed
with the conversion existing 17) HPS Cobraheads to 3)-285W LED and 14)- 203W LED Cobraheads on existing
PSE poles. 2 HPS Tums SL37 and SL38 will be completely removed. The cost for this construction is $8,893.05.
Traffic control costs will be calculated post construction. Payment for installation will be requested after
installation is completed. This estimate is valid for 90 days.
The monthly energy/maintenance charge of $21.78, and $17.80 respectively, as per our Schedule 53 Electric Tariff
G, will start once the lights are energized
The responsible billing party will be: City of Bremerton
By signing this letter and returning it, you are stating that you authorize us to do the work and this order will be
released to construction for scheduling. Upon receipt of the signed agreement, we will order materials and schedule
the construction. Please provide date installation should take place:
If you have any questions, please call me at 425-516-5432
Sincerely,
Wal 1'C"A. wy
Lisa Kinney
Account Sales Manager, PSE Pole Services
The above is accepted and authorization is given:
0
Date:
Print: Title:
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AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Resolution No.
adopting Kitsap County Solid and
Hazardous Waste Management Plan
Study Session Date: January 11, 2018
COUNCIL MEETING Date: January 17, 2018
Department
Presenter
Public Works & Utilities
Milenka Hawkins -Bates
Phone: (360) 473-5333
SUMMARY: Kitsap County is required by state law to maintain a coordinated, comprehensive solid
waste management plan to direct and guide solid waste management throughout the county. State
Law (RCW 70.95.094) and guidelines issued by the Washington State Department of Ecology
(Ecology) also require cities within the County to either adopt the County's plan or develop their own
plans. The City of Bremerton has agreed to participate in the County's solid waste planning process
through Interlocal Agreement KC -184-08.
These plans are required to be reviewed every five years, and revised as needed to remain current.
After review of the existing plan, adopted in 2011, the County determined that the plan needed to be
updated. This proposed Plan update addresses changes that have occurred in the past five years
and provides a number of recommendations for the future of solid waste management in Kitsap
County. Most of these recommendations provide additional direction to existing policies and
programs, based on the goals to decrease waste disposed through waste reduction, recycling, and
composting, as well as reducing environmental impacts related to solid waste generation and
management.
ATTACHMENTS: Resolution No.
FISCAL IMPACTS (Include Budgeted Amount):
STUDY SESSION AGENDA: ❑ Limited Presentation 0 Full Presentation
STUDY SESSION ACTION: ❑ Consent Agenda ❑ General Business ❑ Public Hearing
RECOMMENDED MOTION:
Move to adopt Resolution No. adopting the Kitsap County Solid and Hazardous Waste
Management Plan.
COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action
Form Updated 01/02/2018
RESOLUTION NO.
A RESOLUTION of the City Council of the City of
Bremerton, Washington, adopting the Kitsap County Solid
and Hazardous Waste Management Plan.
WHEREAS, the Washington State Legislature, pursuant to the provisions of
Chapter 70.95 RCW (Solid Waste Management — Reduction and Recycling), enacted
legislation the purpose of which is to establish a comprehensive state-wide program for
solid waste handling, and solid waste recovery and/or recycling which will prevent land,
air, and water pollution and conserve the natural, economic, and energy resources of
this state; and
WHEREAS, RCW 70.95.080 requires each county within the state, in
association with the cities and towns located within it, to prepare a 20 -year
comprehensive solid waste management plan and to periodically update the plan
according to Washington State Department of Ecology guidelines that interpret and
expand upon the planning requirements of the Act; and
WHEREAS, the Washington Hazardous Waste Management Act (RCW
70.105.220-221) requires local governments to plan for hazardous waste, including
used motor oil, generated within their jurisdictions by households and small quantity
generator businesses, according to Washington State Department of Ecology
guidelines; and
WHEREAS, the Kitsap County Solid and Hazardous Waste Management Plan
(SHWMP) establishes a comprehensive system of programs and facilities to reduce
waste generation, increase recycling, direct valuable resources away from the landfill,
maintain and improve levels of service in the solid and hazardous waste system,
including the Olympic View Transfer Station, the Household Hazardous Waste
Collection Facility, and Recycling and Garbage Facilities, as well as to continue to
mitigate impact(s) of closed landfills; and
WHEREAS, the SHWMP speaks to the needs of all citizens in Kitsap County in
regards to solid and hazardous waste management and proposes action to satisfy
those needs, and
WHEREAS, the Kitsap County Solid Waste Advisory Committee participated in
each phase of the plan development and reviewed the drafts of the SHWMP, and
WHEREAS, the SHWMP identifies costs of carrying out the responsibilities and
offers an implementation and financial plan, and
WHEREAS, the City of Bremerton participated in the preparation of the SHWMP
pursuant to RCW 70.95.080 and Interlocal Agreement KC -184-08; and
WHEREAS, the City of Bremerton finds that it is in the interest of public health,
safety and welfare to adopt the SHWMP pursuant to RCW 70.95.080, NOW
THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City of Bremerton hereby adopts the Kitsap County Solid and
Hazardous Waste Management Plan, dated November 2017.
SECTION 2. Severability. If any one or more sections, subsections, or
sentences of this Resolution are held to be unconstitutional or invalid, such decision
shall not affect the validity of the remaining portion of this Resolution and the same shall
remain in full force and effect.
SECTION 3. Effective Date. This Resolution shall take effect and be in force
immediately upon its passage.
PASSED by the City Council of the City of Bremerton, Washington this
day of )2017.
ERIC YOUNGER, Council President
APPROVED AS TO FORM: ATTEST:
ROGER A. LUBOVICH, City Attorney SHANNON CORIN, City Clerk
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DATE:
AGENDA ITEM
NAME OF NOMINEE:
VOTING RECORD
CITY COUNCIL MEETING
JANUARY 10, 2018
144.0 m E
DISTRICT 4 COUNCIL MEMBER APPOINTMENT
0� m e. V�,
NAME OF NOMINEE: 7 -any HilLw a4
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JANUARY 10, 2018
BALLOT FOR
COUNCIL DISTRICT 4
�- NAME OF NOMINEE:
❑ NAME OF NOMINEE:
❑ NAME OF NOMINEE:
❑ NAME OF NOMINEE:
PAT SULLIVAN COUNCIL DISTRICT NO. 1
JANUARY 10, 2018
BALLOT FOR
COUNCIL DISTRICT 4
NAME OF NOMINEE:
NAME OF NOMINEE:
NAME OF NOMINEE:
LJ NAME OF NOMINEE:
Lv'
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--ro N0 41 L L MA &/
LESLIE DAUOS COUNCIL DISTRICT NO. 2
JANUARY 1.0, 2018
BALLOT FOR
COUNCIL DISTRICT 4
NAME OF NOMINEE:
J�f, NAME OF NOMINEE:
El NAME OF NOMINEE:
Q NAME OF NOMINEE:
w,fir-
KEVIN GORMAN COUNCIL DISTRICT NO. 3
JANUARY 10, 2018
BALLOT FOR.
COUNCIL DISTRICT 4
'Fic" NAME OF NOMINEE:
❑ NAME OF NOMINEE:
❑ NAME OF NOMINEE:
❑ NAME OF NOMINEE:
Lf 2�Z-114
EL GOODNOW COUNCIL DISTRICT NO. 5
JANUARY 10, 2018
BALLOT FOR
COUNCIL DISTRICT 4
❑ NAME OF NOMINEE:
[� NAME OF NOMINEE:
❑ NAME OF NOMINEE:
❑ NAME OF NOMINEE:
e
'T-unm Rt Gl m an
RICHARD HUDDY COUNCIL 4iI
CT NO. 6
JANUARY 10, 2018
BALLOT FOR
COUNCIL DISTRICT 4
?( NAME OF NOMINEE:
❑ NAME OF NOMINEE:
❑ NAME OF NOMINEE:
LJ NAME OF NOMINEE:
ERIC YOUN
�a �- ram ;,,j 4,
CIL DISTRICT NO. 7
JANUARY 10, 2018
BALLOT FOR
COUNCIL DISTRICT 4
❑ NAME OF NOMINEE:
J" NAME OF NOMINEE:
❑ NAME OF NOMINEE:
13 NAME OF NOMINEE:
FAT SULLIVAN COUNCIL DISTRICT NO. 1
JANUARY 10, 2018
BALLOT FOR
COUNCIL DISTRICT 4
❑ NAME OF NOMINEE:
ISI NAME OF NOMINEE:
❑ NAME OF NOMINEE:
❑ NAME OF NOMINEE:
�«rM, Ccn'Si Tft
--Tb-�., y .tel L k"'.
LESLItDAUGS COUNCIL DISTRICT NO. 2
JANUARY 10, 2018
BALLOT FOR
COUNCIL DISTRICT 4
❑ NAME OF NOMINEE:
NAME OF NOMINEE:
❑ NAME OF NOMINEE:
❑ NAME OF NOMINEE:
-� �_ccs-K
CIO V�,\\ �
KEVIN GORMAN COUNCIL DISTRICT NO. 3
JANUARY 10, 2018
BALLOT FOR
COUNCIL DISTRICT 4
f- NAME OF NOMINEE:
❑ NAME OF NOMINEE:
❑ NAME OF NOMINEE:
❑ NAME OF NOMINEE.
vv/"i
EL GOODNOW COUNCIL DISTRICT NO. 5
JANUARY 10, 2018
BALLOT FOR
COUNCIL DISTRICT 4
❑ NAME OF NOMINEE:
a NAME OF NOMINEE:
❑ NAME OF NOMINEE:
Ll NAME OF NOMINEE:
�ud�nliZ
RICHARD HUDDY CO
-J ezt c'n e,
L DISTRICT NO. 6
JANUARY 10, 2018
BALLOT FOR
COUNCIL DISTRICT 4
(i NAME OF NOMINEE:
❑ NAME OF NOMINEE:
❑ NAME OF NOMINEE:
IO NAME OF NOMINEE:
ERIC YOUNIKER CO
IL DISTRICT NO. 7
From: Edward <sallyedwardharris@gmail.com>
Sent: Tuesday, January 9, 2018 11:46 AM
To: City Council
Subject: Mr. Darryl Riley
Sent from Mail for Windows 10
To all the members of the Bremerton City Council:
We are writing to you to express our support for Mr. Riley, a Bremerton resident and business owner, who is applying
for the open council seat.
We have known Mr. Riley for nearly 4 years and know him to be an ethical and honest man and business owner. As a
tenant living in one of our rental apartments we have direct contact with him and his wife. We have watched as he has
built a business in Kitsap County that has grown and is leading in his industry, employing several people.
Mr. Riley is also a member of the Hamma Hamma No. 35 Masonic Lodge in Bremerton. As a Mason I also know that he
is a very upstanding, moral, and ethical man. Edward is also a Mason and knows Mr. Riley on that level and fraternal
relationship.
Mr. Riley is also a very active member in his church.
We highly recommend Mr. Riley as an important addition to the current city council and urge you to give him your
highest consideration for the vacant position.
Thank you for your consideration on this matter.
Respectifully,
Ed and Sally Harris
January 2, 2018
Bremerton City Council
3456 1h Street, Suite 100
Bremerton, WA 98337
Dear Bremerton City Council Members,
Received by Bremerton City Cou11C11 Off=
Date
I heartily recommend Marie Vila to serve as a member of the Bremerton City Council. Through
my former position as the U.S, Department of Housing and Urban Development (HUD)
Administrator for Region 10, and previous career positions I held at HUD, I had the privilege of
working with Ms. Vila. I consider her to be one of the most talented and dedicated individuals I
know working in the field of community development and municipal affairs. I find her to be an
innovative problem solver, a skilled communicator, and outstanding at developing effective
partnerships. When Marie managed the Community Development Block Grant (CDBG) program
for the City of Bremerton, she was well respected by HUD staff as a top notch program
manager. She thoroughly understand the CDBG regulations, thoughtfully developed plans on
behalf of the City and its residents, and administered a high quality program, When the HUD
Seattle office was charged with selecting one City in the entire state to pilot a program with,
Bremerton was selected largely because of Ms. Vila`s professionalism and ability to deliver
results. Since leaving her formal position with City government, I have continued to admire her
leadership in bringing people together and her dedication to building community through the
formation of the grassroots organization Bremerton Neighborhoods Now! Ms. Vila is a person
of high integrity, who is passionate about her City.
In my professional career, I've had the honor to work with City officials throughout the Pacific
Northwest. Based on my experience, the Bremerton City Council will not find another person
who is better suited to the challenge of helping lead the City as a member of the Council. If I
may answer any additional questions, please do not hesitate to contact me. Since retiring from
HUD in 2017, 1 was appointed by Governor Inslee to serve on the State Advisory Council on
Homelessness and can be reached at the telephone number listed below.
Sincerely,
Gam'(
Donna Batch
205-399-7942
Ms. Donna Batch
6809 17th Ave NE
Seattle, WA 93115-6844
Received by Bremerton City Council Office
Date //5// 15
Cortney Stehlik-Freeman
1524 N. Callow Ave.
Bremerton, WA 98312
December 14, 2017
City of Bremerton
Attn: City Council
345 61" St" Ste. 100
Bremerton, WA 98337
RE: Letter of Support for Marie Vila for Bremerton City Council, District Four
Dear City Council,
Thank you for the opportunity to submit this letter in support of Marie Vila for City Council District Four.
I have known Marie since I first moved to Bremerton in 2009, and have worked with her in many
capacities, including as a grantee of City of Bremerton HOME funds which she administered; serving
together on the board of the Kitsap Housing Coalition; through mutual participation in the union Hill
Neighborhood Association; and currently as members of the steering committee of Bremerton
Neighborhoods Now. I also am lucky to count her as my friend.
Marie has the potential to become an exceptional City Councilwoman for many reasons, but her top
three outstanding attributes include: her ability to lead decision-making in a clear, concise, and
diplomatic way; her unique perspective as both a neighborhood champion and former City employee;
and her smart, curious, and caring personality. She cares deeply about Bremerton -- its people and its
future.
Marie has held leadership positions for two boards on which we have served together. In her positions
as President of the Kitsap Housing Coalition and as the chair of the Neighborhoods Now steering
committee, she has brought a clear, concise, and diplomatic leadership style that is both empowering
and functional. She is also adept at listening to multiple perspectives and synthesizing information in a
way that facilitates easy decision-making. She is a delight to work with on a board because of her
excellent leadership style.
A dear benefit that Marie offers to City Council is her unusual perspective as someone who has formerly
worked in the City of Bremerton as the CDBG/HOME Program Administrator. In that capacity, she
understands how council's decisions are carried out by City employees. This perspective will be valuable
to the Council, as she will be helpful in navigating the best ways to "get things done." Having been a
grantee of the CD8G/HOME program when I worked for nonprofit organization Community
Frameworks, I can attest to her professional and caring interactions with customers of the City.
Finally, Marie's personality is extremely smart and curious, and she cares deeply about the future of
Bremerton and its people. I have served with her both on the steering committee for Neighborhoods
Now and as members of the Union Hill Neighborhood Association. She isn't afraid to challenge opinions
when she disagrees, but she does so respectfully and with thoughtful research to back up her position.
In today's heated national political climate, we need local representatives who participate in the
democratic process respectfully toward one another and toward citizens.
City of Bremerton
December 14, 2017
Page 2
Marie told me that she wants to be involved in Bremerton in the way that will allow her to make the
greatest impact, and she believes City Council is that place. I am looking forward to witnessing the
positive impact Marie can have as Councilwoman for District four.
Sincerely,
1
Cortney Stehlik-Freeman
Received by Bremerton City Council Office
�,�,II
December 27, 2017 Date d
To whom it may concern:
We are sending this letter to express our support for the nomination of Marie Vila as interim City
Council representative for District 4. It is our understanding that Marie has submitted her application,
and as residents of Council District 4, we want Council and the Mayor to know that she has our support.
Marie is an involved community member who encourages collaboration, as shown by her involvement in
the Neighborhoods Now effort. We feel that she will bring that energy and community -oriented mindset
to her work on the Council.
Affordable housing is likely the most important issue currently facing Bremerton. Marie's past
experience as Community Development Block Grant coordinator for the City of Bremerton, and her
knowledge of the organizations, processes, and challenges will be invaluable. Marie's compassion
coupled with institutional knowledge can help the city find solutions.
Marie Vila is the person we want to see representing us on City Council. We thank you for your
consideration.
Sincerely,
Aaron W. Lambert
181214 th St.
Bremerton, WA 98337
Sarah Riley
1920 15`h St.
Bremerton, WA 98337
From: Kurt Wiest <kgwiest@aol.com
Sent: Tuesday, January 2, 2018 2:39 PM
To: City Council
Subject: Marie Vila, Applicant for Council District #4
Dear Council Members,
I'm writing in support of Marie Vila and her application to serve the remaining term representing Council District #4. I've
known Marie for over 11 years and feel she's highly qualified to represent the interests of citizens in her district and
throughout the city.
While I'm not a resident of Bremerton, my work leading the Bremerton Housing Authority, keeps me well connected
with the city. I'm keenly aware of Council priorities and goals and always strive to ensure that BHA is in synch with your
efforts to best serve the citizens of Bremerton.
Marie Vila is articulate, thoughtful, skilled in community development, and a good listener. She is a demonstrated
leader, most recently as a catalyst to create greater grassroots strength within the many neighborhoods of Bremerton. I
believe she would work respectfully and cooperatively with other members of the Council and with Mayor Wheeler.
Thank you for all you do to for the City of Bremerton.
Regards,
Kurt Wiest
7007 SW Dunraven Lane
Port Orchard, WA. 98367
From: sean.armelle <sean.armelle@gmail.com>
Sent: Wednesday, January 10, 2018 5:20 AM
To: City Council
Subject: Marie Vila for city council!
Dear Council Members,
We are writing to you as residents of the 4th district. As a young family wishing to build community here in Bremerton,
we would like to express our support for Marie Vila as your appointee to the Bremerton City Council.
We first met Marie at a neighborhoods now potluck where she brought together members of the community to share a
meal. She then led a discussion and got people talking about what that meant for them.
We have since shared more meals with Marie and are impressed and inspired by her passion and love for this city and
her ability to bring people together.
We think Marie Vila is a perfect fit to fill Mayor Wheelers seat on the city council and we look forward to hearing the
results of your vote.
Sincerely,
Sean + Armelle O'Neill
Union Hill, West Bremerton
INFORMATION ONLY ITEM
CITY OF BREMERTON
CITY COUNCIL
SUBJECT:
2018 Legislative Agenda —
(Association of Washington Cities — AWC)
SUMMARY:
Study Session Date: January 10, 2018
Presenter: President Younger
Phone: (360) 473-5280
The AWC City Action Days Conference is scheduled in Olympia, WA on January 24 & 25, 2018.
Per the AWC website:
The City Action Days Conference is an annual event during the legislative session to educate
statewide decision -makers about city priorities and push the city agenda forward. It also presents an
opportunity to:
■ Advocate for your city, and all cities, with a single, unified voice.
■ Engage in the state's policy development and budget process.
■ Discover how the legislative process works and how you can help shape a bill.
■ Learn about A WC's priorities and the points you need to communicate to your legislators.
■ Meet with legislative and executive branch leaders to share your city story and get answers to your
questions.
Rally around critical issues:
The key to growing strong cities and towns in Washington starts with addressing housing shortages
and affordability, helping individuals with mental health and drug addiction issues, and providing tools
to enhance local economic vitality. Come to Olympia in January to rally around our 2018 City
Priorities. Collectively we need tell the Legislature to:
■ Strengthen city tools to address housing conditions in our communities.
■ Direct funds to mental health, chemical dependency, and social safety net programs.
■ Enhance economic development tools and programs that foster business development in cities.
■ Preserve state -shared revenues with cities and increase law enforcement training funds.
Additionally, you'll learn about cities' authority on locally controlling cellular facilities, hear if state -
shared revenues with cities are at risk, and discover how a carbon tax initiative might provide new
revenue for cities. You won't want to miss this opportunity to network with peers, meet and greet with
legislators, and make a difference in your community at the state level.
HANDOUTS: 2018 Legislative Agenda
STUDY SESSION AGENDA
Form Created 5/4/15
❑ No Presentation 0 Brief Presentation
- • Legislative Priorities
ASSOCIATION
OF WASHINGTON
Ci i iE5
ftStrengthen city tools to address housing
conditions in our communities
Cities large and small are experiencing challenges with
housing in their community—from shortages of affordable
housing, to a lack of workforce housing, to neighborhood
impacts of abandoned foreclosed properties. Cities need a
variety of local option tools to address the problems of their
specific local circumstances. AWC urges the Legislature to
adopt:
1) A new construction sales tax reimbursement pilot program
to attract new multi -family housing in cities outside of our
urban core;
2) A means for cities to mitigate the impacts of abandoned
and bank -owned foreclosed homes; and
3) Additional flexibility with existing tools such as making the
optional sales tax authority for affordable housing a council
decision.
Direct funds to mental health, chemical
dependency, and social safety net programs
Although cities are not frontline service providers, many of
the problems associated with mental health and chemical
dependency show up in our communities and on our streets.
Increasingly, local public safety personnel play an expanding
role in addressing these impacts. AWC actively supports and
will engage with those seeking to direct resources to address
these challenges and will collaborate with the state, counties,
and providers to find ways to deliver support services in the
most effective manner.
Contact:
Dave Williams
Director of Government Relations
Enhance economic development tools and
programs that foster business development
in cities
Economic development opportunities vary greatly across
the state. Some communities have commercial or industrial
areas that have deteriorated or lack the needed infrastructure
for critical development, and others lack access to adequate
broadband services. AWC supports expansion of current
programs and funding, and will engage key legislators
and stakeholders to identify tools that can help foster vital
economies in all corners of our state.
Preserve state -shared revenues with cities
and increase law enforcement training funds
The 2017-19 state operating budget continued to fund
traditional shared revenues such as liquor revenues and
municipal criminal justice assistance at the levels provided
in recent years. As the Legislature considers a supplemental
budget, AWC will encourage the provision of additional
funding for four additional Basic Law Enforcement Academy
classes during the biennium to ensure that new recruits
receive training as quickly as possible.
Office of the Mayor
345 6th Street, Suite 600
Bremerton, WA 98337-1873
Telephone: 360-473-5266
Greg Wheeler, Mayor
City of Bremerton
2018 Legislative Priorities
Pass the Capital Budget (SB 5981/HB 1075)
Projects of importance to City of Bremerton:
Public Works Trust Fund Support:
Ostrich Creek Culvert - $4,688,000
Pine Basin Sewer - $3,881,000
WA Wildlife Recreation Grants:
Manette Park Renovation - $500,000
Local and Community Projects via Dept of Commerce:
Quincy Square on 4th - $250,000
Admiral Theatre - $150,000
Puget Sound Industrial Center Sewer Extension - $515,000
Closure of Harrison Hospital
o Work with Legislative Delegation to support Bremerton's efforts to fill the void left by
the departure of Emergency and Primary Health Care services
Annexation Legislation
o Support and develop legislation that is beneficial to Bremerton's annexation efforts
o Develop solutions to address concerns with HB 1682/ESB 5652
o Encourage the Legislature to task the Ruckelshaus Center to analyze annexation as it
relates to Growth Management
Support Association of Washington Cities Priorities
o Strengthen city tools to address housing conditions in our communities
o Direct funds to mental health, chemical dependency, and social safety net programs
o Enhance economic development tools and programs that foster business development in
cities
o Preserve state -shared revenues with cities and increase law enforcement training funds
DNR Policy Issue
Continue to develop and implement a solution to recent changes at WA Department of Natural
Resources. DNR has determined that a decommissioned pipe left in the beach no longer qualifies for
waived public utility easement fees because, under the DNR's revised business approach, it now
considers decommissioned sewer lines an "improvement."
Military Affairs— State Leadership Role
The Kitsap County region and Bremerton has a special relationship with Navy Region Northwest. The
City of Bremerton supports and encourages the State of Washington to sustain an active leadership role
in military affairs. To further strengthen its leadership role, the State of Washington should provide
financial assistance for local military advocacy agencies. This will better facilitate responses to future
force realignments or a Base Realignment and Closures (BRAC) process that could impact military
installations throughout the State.
2018 Legislative Session Preview
The 2018 Legislature will convene on January 8 and is set to run for 60 consecutive days. Several major
issues could potentially be cleared up with a fourth special session in late November or early December.
At the time of this writing, a fourth special session is still being contemplated to address the Hirst water
issue as well as pass a Capital Budget and the accompanying bond bill. Whether a one -day session is
called depends in large part on ongoing negotiations regarding the Hirst water issue.
The key issue for the City is the passage of the 2017-18 Capital Budget. Currently, the City is in good
shape for support for the projects that were pushed in the 2017 session, with the House and Senate
Capital Budgets including these items. In conferring with city staff, the delay is concerning but as long
as the budget is passed by early March, all projects will not be delayed.
Once again, the McCleary education funding issue will be a hot topic in 2018. The state Supreme Court
has found that the Legislature has not yet fully complied with the original McCleary funding order,
saying that parts of the new law that do not take effect until 2019 are in violation and that the state must
speed up funding for teacher salaries, which are currently set to be phased in. The price tag would likely
be over $1 billion in 2018, should the Legislature abide by this most recent ruling. The court will
maintain oversight of the case and the $100,000 -per -day fines the justices imposed in 2015. The justices
also are requiring the state to report back to the court in April 2018, after next year's legislative session
is expected to end. Whether this will lead to new revenue options or simply a reshuffling of this past
year's work remains to be seen.
The latest revenue forecast shows that state revenues have increased by nearly $319 million for the
current two-year state budget, and that the state is projected to have nearly $2.8 billion in reserves by the
end of the biennium. It is possible that some of this money could be used to speed up the process on
McCleary compliance.
2018 Legislative Session Preview
The 2018 Legislature will convene on January 8 and is set to run for 60 consecutive days. Several major
issues could potentially be cleared up with a fourth special session in late November or early December.
At the time of this writing, a fourth special session is still being contemplated to address the Hirst water
issue as well as pass a Capital Budget and the accompanying bond bi 11. Whether a one -day session is
called depends in large part on ongoing negotiations regarding the Hirst water issue.
The key issue for the City is the passage of the 2017-18 Capital Budget. Currently, the City is in good
shape for support for the projects that were pushed in the 2017 session, with the House and Senate
Capital Budgets including these items. In conferring with city staff, the delay is concerning but as long
as the budget is passed by early March, all projects will not be delayed.
Once again, the McCleary education funding 'issue will be a hot topic in 2018. The state Supreme Court
has found that the Legislature has not yet fully complied with the original McCleary funding order,
saying that parts of the new law that do not take effect until 2019 are in violation and that the state must
speed up funding for teacher salaries, which are currently set to be phased in. The price tag would likely
be over $1 billion in 2018, should the Legislature abide by this most recent ruling. The court will
maintain oversight of the case and the $100,000 -per -day fines the justices imposed in 2015. The justices
also are requiring the state to report back to the court in April 2018, after next year's legislative session
is expected to end. Whether this will lead to new revenue options or simply a reshuffling of this past
year's work remains to be seen.
The latest revenue forecast shows that state revenues have increased by nearly $319 million for the
current two-year state budget, and that the state is projected to have nearly $2.8 billion in reserves by the
end of the biennium. It is possible that some of this money could be used to speed up the process on
McCleary compliance.