The URL can be used to link to this page

Home My WebLink About01/17/2018 AGENDA PACKETCITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337 - Phone (360) 473-5280 ***AMENDED*** JANUARY 17, 2018 CITY COUNCIL MEETING AGENDA 1. BRIEFING: 5:00 — 5:30 P.M. in COUNCIL CONFr-KENCE ROOM 603 A. Review of Agenda B. General Council Business (As necessary...) 2. CALL TO ORDER: 5:30 P.M. in FIRST FLOOR CHAMBERS A. Pledge of Allegiance B. Invocation 3. SWEARING-IN CEREMONY - Judge James Docter will administer the Oath of Office to newly appointed District 4 Council Member Tony Hillman 4. MAYOR'S REPORT 5. PUBLIC RECOGNITION 6. CONSENT AGENDA A. Claims & Check Register B. Minutes of Meeting - January 3, 2018 C. Minutes of Study Session - January 10, 2018 D. Confirm Appointment of Dino Davis to the Bremerton Planning Commission E. Interlocal Participation Agreement with BuyBoard National Purchasing Cooperative F. Local Agency Contract with MJ Hughes Construction, Inc. for West Belfair Valley Rd and Tracyton Beach Rd Innovative Safety Project G. Illumination Upgrades by Puget Sound Energy on SR303 (Wheaton Way) from Sheridan Road to NE Riddell Road H. Resolution No. 3302 adopting the Solid & Hazardous Waste Management Plan for Kitsap County 7. GENERAL BUSINESS A. 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 B. Resolution No. 3300 approving Phase II of the East Park Final Plat C. Resolution No. 3301 authorizing National Fish and Wildlife Foundation Five Star & Urban Waters Restoration Program Grant Application for Kitsap Lake 8. COUNCIL MEMBER REPORTS 9. EXECUTIVE SESSION 10 -Minutes to discuss Potential Litigation, which is allowed under RCW 42.30.110(1)(i); Action is anticipated... 10. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING ® Americans with Disabilities Act (ADA) accommodations provided upon request. Those requiring special accommodations please contact the City Clerk at (360) 473-5323 at least 24 hours prior to the meeting. OATH OF OFFICE STATE OF WASHINGTON COUNTY OF KITSAP I, ToLay Hillman do solemnly swear that I am a Citizen of the United States and of the State of Washington; that I am legally qualified to assume the office of Bremerton City Council District No. a; that I will support the Constitution and Laws of the United States and the State of Washington; and that I will faithfully and impartially perform the duties of this office to the best of my ability. Hillman (Signature of Elected Official) Subscribed and sworn to before me this 171th day of January 2oi8 James Iter (Sig -nature of Officia Administering the Oath) Bremerton Municipal Court Judge (Title of Official Administering the Oath) Cp�R-G1aI SWearI-j�v — tCP— I COL., (OY PW D � OLYMPIC COLLEGE SR -303 Corridor Study Multimodal Improvements Background • State Route 303 (SR 303) is a 9.27 -mile state highway in Kitsap County connecting Bremerton to Silverdale. It is a primary transportation route for Bremerton Shipyard workers. • ADT is significant: 40,000 at the Warren Avenue Bridge and 37,000 at Silverdale • Hospital move to Silverdale increases the importance of corridor for patient transport • Bremerton, Kitsap Transit and Olympic College are working to improve the corridor: o Kitsap Transit is adding the Wheaton Way Transit Center near the Transit Oriented Development at Broad Street o Bremerton added a 10 -foot wide multi -modal path connecting Lebo to SR -303 north of the bridge (part of the Bremerton Bridge -to -Bridge multimodal initiative) o Bremerton and Olympic College are undertaking planning to improve the College's main entrance frontage, possibly adding a pedestrian overpass ($25,000 each) o Bremerton obtained $475,000 of federal funding to design a modification to the Warren Avenue bridge to better accommodate bikes and pedestrians o Bremerton and Kitsap Transit participated in WSDOT's "corridor sketch" initiative • These projects/initiatives are a good start, but more in-depth corridor planning is essential Problem: Massive Old Infrastructure Bisects Community, Plan for Next Generation is Needed • Warren Avenue through Bremerton is noisy, dirty, too narrow, with no bike facilities, significant ADA accessibility issues, and uncomfortable for pedestrians to be near • This heavy-duty transportation corridor bisects the City, negatively impacting quality of life • A comprehensive effort is needed to provide a detailed corridor plan as the basis for improvement projects to be programmed and implemented over the next two decades • Bremerton, Kitsap Transit, Olympic College, private businesses, non -profits, and WSDOT are all potential partners Request: • $450,000 to fund this corridor planning effort o Focused primarily on the Bremerton segment multimodal improvements o Incorporating conceptual analysis of Bus Rapid Transit o Providing a portfolio of implementable future projects o Full corridor included for addressing commuters Public Works & Utilities I 100 Oyster Bay Ave. N., Bremerton, WA 98312 * Phone (360) 473-5920 * Fax (360) 473-2330 Working for and with our citizens to establish Bremerton as Puget Sound's most beautiful and livable waterfront cityl Date Received 1 Member Request Transportation Budget Form 2018 Senator Hobbs 2018 Senate Democratic CaucuS Budget staff Member Requested Project Information Form This request must be submitted to Senator Steve Hobbs by February 2nd 2018. Project Name: I SR -303 Corridor Study I. Project Contact Information Name(s): JChal Martin Title:Public Works Director Organization: City of Bremerton Organization's Website: 1www.ci.bremerton.wa.us Phone: 1(360) 473-5758 E -Mail: lchal.martin@ci.bremerton.wa.usI Mailing Address: 345 6th Street, Suite 100 Bremerton, WA 98337 District(s)- --------- - 123; 26 Legislative Sponsor: RolS Amount Requested: $450,000 Priority Ranking # Is this request new? YO NO Please attach a map of i your project AND/OR a link to your project website. NOTE. This form is prepared for the use of the Transportation Budget Chair, Senator Hobbs. He may elect to submit this form for filing in the Transportation Budget Committee records. In addition, if the proposed request is funded in the enacted transportation budget bill, the form may be fried with the state agency that distributes funding for the project. If so fried, this form will become a legislative record subject to public disclosure and will be archived consistent with Chapter 40.14 RCW. 2 Member Request Transportation Budget form 2418 11. Project Scope State Route 303 (SR 303) is a heavily -traveled 9.27 mile state highway in Kitsap County connecting Bremerton to Silverdale. It is a primary transportation route for Bremerton Shipyard workers. In partnership with stakeholders and the Public, this planning effort will develop a corridor plan to guide modemization of SR -303 over the next two decades by identifying projects/treatments appropriate for the various segments. The planning effort will include the entire corridor to ensure all future projects work together, focusing primarily on the southern part of the corridor. 1) Start Date Jun 2018 1 Completion Goal Dec 2019 2) What is the current phase of this project? The corridor study has not yet started. However, three projects impacting the corridor are funded and in various stages of completion -- 1) New student bus stop at Olympic College; 2) New Park and Ride in Bremerton; 3) Warren Avenue pedestrian, improvement (design start 2018). 3) Is this a joint project? Y❑ N❑ If yes, please list the partners and their contact information: City of Bremerton: Chal Martin, Public Works Director, (360) 473-5758 Kitsap Transit: Steffan Lillie, Director of Service and Capital Development, (360) 478-6931 Olympic College: Dr. Kay Ash, Vice President for Administrative Services, (360) 475-7501 4) Total estimated cost of the project? (if estimated cost is unknown, mark N/A) J$550,000 5) Is the request ongoing? Y❑ NO 6) Is there prior funding received for this project? Y❑ NO If yes, how much? What is the source of funding? 7) Is this a local facility Y❑ NO 8) Is there potential to toll this facility? Y❑ NO 9) Would this funding provide for a functionally operational facility? Y❑ NO 10)Has the applicant acquired matching funds? Y® N❑ If yes, what percentage has already been secured? 110-0/0 NOTE. This form is prepared far the use of the Transportation Budget Chair, Senator Hobbs. He may elect to submit this form for filing in the Transportation Budget Committee records. In addition, if the proposed request is funded in the enacted transportation budget bill, the form may be frled with the state agency that distributes funding for the project. If so fled, this form will become a legislative record subject to public disclosure and will be archived consistent with Chapter 40.14 RCW. 3 Member Request Transportation Budget Form 2018 What are the sources of matching funds available? The City of Bremerton expects to provide $50,000 of City funding toward this effort in 2019, and approximately 540 staff hours to oversee the study. 11)What source(s) of non -state funds exist for completion of the project and its onaoina maintenance and operation? This request is for a corridor planning study only. However, as projects are constructed, the ongoing O&Vi will be factored into the outcome. For SR -303, Bremerton and Kitsap County are responsible for most maintenance except periodic overlay work. V. Statement of Need & Public Benefit: (1) Statement of Need: SR -303 is a heavy-duty transportation corridor (40,000 vehicles per day) that bisects Bremerton, negatively impacting accessibility and quality of life for Bremerton and Kitsap County residents. It is a primary commuting corridor for Puget Sound Naval Shipyard workers. It is noisy, dirty, too narrow, has no bike facilities, significant ADA issues, speeding, and is very uncomfortable for pedestrians to be near. To address these issues, a well -considered study is needed to guide future improvements. (2) Please describe public benefit of the project. The Public will benefit by owning a planning document, based on professional best practices, and assembled in concert with the community and its stakeholders to improve quality of .life for all users, residents, and commuters. The SR -303 corridor is a tremendously valuable public asset. Because funding is limited, a professionally -produced plan is needed to provide continuity as the years go by. This plan will ensure future projects along the corridor work together efficiently and synergistically to provide the best value for Bremerton and Kitsap County residents. (3) Please list the measurable objectives of this benefit: The initial primary objective will be completion of the planning study. The study will identify individual projects (and/or other actions) that will then be programmed for future implementation, funding and construction. The individual projects and actions identified in the plan will be the measurable objectives. A good example of a previously completed study is the 2005 Port Washington Trail study, which formed the basis for Bremerton's Bridge to Bridge Corridor improvements. (4) Please describe the measurement process: As projects in the plan are completed, the overall implementation can be measured based many measurable factors -- for example, total expected cost to fully implement the study recommendations; number of individually identified projects constructed; number of policies implemented; number of lane miles modified; number of multi -modal facilities constructed; or other metrics outlined in the plan. NOTE; This form is prepared for the use of the Transportation Budget Chair, Senator Hobbs. He may erect to submit this form for filing in the Transportation Budget Committee records. In addition, if the proposed request is funded in the enacted transportation budget bill, the form may be fled with the state agency that distributes funding for the project. if so frled, this form will become a legislative record subject to public disclosure and will be archived consistent with Chapter 40.14 RCW. An Ij wq ! lr 1l BREMERTON CITY COUNCIL MEETING SPEAKERS LIST PLEASE PRINT YOUR NAME BELOW IF YOU PLAN TO COMMENT SO YOUR NAME CAN BE INCLUDED IN THE RECORD Name Item A -c a4An a 'Toon r -A REQUESTS FOR INFORMATION MUST BE SUBMITTED IN WRITING TO THE CLERK THANK YOU SUBJECT: Claims & Check Register SUMMARY: AGENDA BILL CITY OF BREMERTON CITY COUNCIL Study Session Date: N/A COUNCIL MEETING Date: January 17, 2018 Department: Financial Services Presenter: Shannon Corin Phone: (360) 473-5323 Approval of the following checks and electronic fund transfers: 1) Check #'s 377076 through 377251 and EFT's 18111 through 18161 in the amount of $3,279,821.24. 2) Regular Payroll for the pay period ending December 31, 2017 in the amount of $734,512.88. 3) Regular Payroll for the pay period ending December 31, 2017 in the amount of $28,283.42. ATTACHMENTS: FISCAL IMPACTS (Include Budgeted Amount): STUDY SESSION AGENDA: 0 Limited Presentation ❑ Full Presentation STUDY SESSION ACTION: 0 Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the consent agenda as presented. COUNCIL ACTION: ❑ Approve ❑ Deny Form Updated 01/02/2018 ❑ Table ❑ Continue ❑ No Action AGENDA BILL CITY OF BREMERTON 6B CITY COUNCIL SUBJECT: Study Session Date: N/A Minutes of Meeting — January 3, 2018 COUNCIL MEETING Date: January 17, 2018 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: The Minutes of Meeting held on January 3, 2018 are attached. ATTACHMENTS: Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: ❑ Limited Presentation ❑ Briefing/Full Presentation 0 N/A STUDY SESSION ACTION: 0 Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the January 3, 2018 Meeting Minutes as presented. COUNCIL ACTION: ❑ Approve Form Updated 12/22/17 ❑ Deny ❑ Table ❑ Continue ❑ No Action DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wednesday, January 3, 2018 The weekly meeting of the City Council of the City of Bremerton was called to order Wednesday, January 3, 2018, at 5:00 PM in Council Conference Room 603 of the NORM DICKS GOVERNMENT CENTER, 345 6t" Street, Bremerton, Washington, with 2017 Council President Eric Younger presiding. Council Members present were Richard Huddy, Michael Goodnow, Kevin Gorman, Leslie Daugs, and Pat Sullivan. The Council District 4 seat is currently vacant. Also present were City Attorney Roger Lubovich; City Clerk Shannon Corin; Legislative Assistant Lori Smith; and Kevin Matthew, Information Services Manager. A COUNCIL BRIEFING was held to discuss General Council Business at 5:00 PM in the Council Conference Room. At 5:30 PM the meeting moved to the Meeting Chambers. The Pledge of Allegiance was led by Council Member Pat Sullivan followed by the invocation provided by Kurt Wiest from the Bremerton Church of Jesus Christ of Latter Day Saints. COUNCIL OFFICER ELECTIONS President Younger opened nominations for 2018 Council President. Leslie Daugs nominated Eric Younger. With no further nominations, President Younger asked for a vote by roll call. By a unanimous vote, Eric Younger was elected Council President for the year 2018, and remained seated as the Chair. He will also serve as Mayor Pro Tempore in absence of Mayor Greg Wheeler. President Younger then opened nominations for 2018 Council Vice President. Pat Sullivan nominated Richard Huddy. Michael Goodnow nominated Leslie Daugs. With no further nominations, President Younger asked for a vote by ballot. Voted in Favor of Huddy: Sullivan, Gorman, Huddy, Younger Voted in Favor of Daugs: Daugs, Goodnow By a vote of 4 to 2, Richard Huddy was elected Council Vice President for the year 2018. MAYOR'S REPORT — Mayor Wheeler provided welcoming remarks; and then brought forward... • Milenka Hawkins -Bates, Operations Manager with the Public Works Department to demonstrate a new "Public Works Customer Response" mobile application; and • Cynthia Engelgou with the Parks Department to introduce Arts Commission Chair Garrett Nobbs and Arts Commission Vice -Chair Jacquelyn Speare to talk about new utility wraps. PUBLIC RECOGNITION Mike Walton, Community Relations Director of the Kitsap Family YMCA, provided information on the latest happenings at the "Y" including the Resolution Walk and Run Series. Terry Fessner submitted a letter into the record to express his concern about the homeless persons who leave trash and cause damage around local businesses. Harriett Bryant expressed her appreciation for the partnership with the City and the Kitsap Regional Library, and looked forward to celebrating the legacy of Martin Luther King, Jr. and Rosa Parks. City Council Reg. Mtg. Minutes Wednesday, January 3, 2018 Page 2 of 2 CONSENT AGENDA 6A — Claims & Check Register: Check Numbers 376883 through 377075, and EFT -18073 through EFT -18110 in the amount of $2,614,507.26; Regular Payroll for the pay period ending December 15, 2017 in the amount of $757,527.51; Regular Payroll (Supplemental) for the pay period ending December 15, 2017 in the amount of $564.38; and Retiree Payroll for the pay period ending December 31, 2017 in the amount of $49,507.09 6B — Minutes of Meeting — December 20, 2017 There were no comments from the public... 06:02:18 M/S/C/U (Huddy/Sullivan) Move to approve the CONSENT AGENDA as presented. GENERAL BUSINESS — There were no General Business Items tonight... COUNCIL MEMBER REPORTS Pat Sullivan wished everyone a Happy New Year; congratulated 2018 Council Chairs Younger and Huddy; and looked forward to interviewing interested applicants for the vacant District 4 seat. Leslie Daugs congratulated the 2018 Council Chairs; and wished everyone a Happy New Year. Kevin Gorman wished everyone a Happy New Year and looks forward to working with everyone. Michael Goodnow wished everyone a Happy New Year and looks forward to working with everyone Richard Huddy thanked his fellow Council Members for their vote of confidence; and then presented a series of slides to outline his priorities as District 6 Council Member. Eric Younger announced that applications for the vacant District 4 Council Member seat will be accepted until Noon on Friday, January 5; and announced that Public Works would be hosting a Community Meeting on Tuesday, January 9 from 6:00 to 8:30 PM in the First Floor Chambers to allow the public an opportunity to review its 2018 Construction Program and ask questions. President Younger announced that following adjournment of this meeting, the Council would reconvene for a brief Study Session at 6:25 PM in the Council Conference Room to discuss 2018 Council Committee Assignments; followed by an Exempt Closed Session to discuss Labor Negotiations allowed under RCW 42.30.140 (4) (b). The Study Session adjourned at 6:33 PM. With no further business, President Younger adjourned the Council Meeting at 6:12 PM. Prepared and Submitted by: LORI SMITH Legislative Assistant Attest: ERIC YOUNGER, City Council President SHANNON CORIN, City Clerk EY:SC:ls:cg AGENDA BILL CITY OF BREMERTON CITY COUNCIL sc SUBJECT: Study Session Date: N/A Minutes of Study Session — COUNCIL MEETING Date: January 17, 2018 January 10, 2018 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: The Minutes of Study Session held on January 10, 2018 are attached. ATTACHMENTS: Study Session Minutes FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: ❑ Limited Presentation ❑ Briefing/Full Presentation ❑x N/A STUDY SESSION ACTION: 0 Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the January 10, 2018 Study Session Minutes as presented. COUNCIL ACTION: ❑ Approve Form Updated 12/22/17 ❑ Deny ❑ Table ❑ Continue ❑ No Action DIGITAL RECORDING CITY COUNCIL STUDY SESSION MINUTES Wednesday, January 10, 2018 A Study Session of the City Council of the City of Bremerton was called to order in the Council Conference Room of the NORM DICKS GOVERNMENT CENTER, 345 6t" Street, Bremerton, Washington, Wednesday, January 10, 2018, at 5:00 PM, with Council President Eric Younger presiding. Council Members present were Richard Huddy, Michael Goodnow, Kevin Gorman, Leslie Daugs, and Pat Sullivan. The Council District 4 seat is currently vacant. Lori Smith, Legislative Assistant, was present to provide staff support. President Younger emphasized that the Study Session was open to the public but there would be no opportunities for input or participation, except for Item "F"; and announced that approved items by Council will be placed on the January 17, 2018 Council Meeting Agenda or as indicated. A. NO PRESENTATION PLANNED — The following items are budgeted items or subjects that have been raised with the appropriate Council Committee Members... 1. Confirm Appointment of Dino Davis to the Bremerton Planning Commission Consent Agenda 2. Resolution approving Phase II of the East Park Final Plat General Business 3. Lease Agreement with Pacific NW Marine Co. (dba Freedom Boat Club) for commercial office space adjacent to the Louis Mentor Boardwalk General Business 4. Resolution authorizing National Fish and Wildlife Foundation Five Star & Urban Waters Restoration Program Grant Application for Kitsap Lake General Business 5. Interlocal Participation Agreement with BuyBoard® National Purchasing Cooperative Consent Agenda 6. Local Agency Contract with MJ Hughes Construction, Inc. for West Belfair Valley Road and Tracyton Beach Road Innovative Safety Project ConsentAgenda 7. Illumination Upgrades by Puget Sound Energy on SR303 (Wheaton Way) from Sheridan Road to NE Riddell Road ConsentAgenda B. BRIEFINGS & FULL PRESENTATIONS 1. Resolution adopting Kitsap County Solid & Hazardous Waste Management Plan Consent Agenda President Younger called a recess at 06:03 PM... At 6:20 PM, the meeting reconvened in the 18' Floor Meeting Chambers... C. DISTRICT 4 CANDIDATE INTERVIEWS The following candidates submitted applications for the District 4 Appointment; and were interviewed in the same order that their applications were received: fl�niol CAnhnrn GeRl y Application withdrawn... • Marie Vila • Gregory C. Stewart • John Hurley President Younger called a recess at 07:07 PM... At 7:13 PM, the meeting reconvened... • Tony Hillman • Darryl Scott Riley • Jaime L. Forsyth City Council Study Session Minutes Wednesday, January 10, 2018 Page 2 of 2 D. EXECUTIVE SESSION President Younger announced that Council would recess for a 30 -Minute Executive Session from 7:54 to 8:24 PM to "Evaluate the Applications for an Appointment' allowed under RCW 42.30.110(1)(g); and that action would be taken when back in session. The Executive Session was extended for 10 more minutes... At 8:34 PM, the Council reconvened... E. APPOINTMENT OF DISTRICT 4 COUNCIL MEMBER —To serve until the results of the next Municipal General Election on November 5, 2019 are certified. President Younger opened nominations. Pat Sullivan nominated Jaime L. Forsyth. Richard Huddy nominated Tony Hillman. With no further nominations, President Younger asked for a vote by signed ballot. Voted in Favor of Forsyth: Sullivan, Goodnow, Younger Voted in Favor of Hillman: Daugs, Gorman, Huddy Due to a 3 to 3 tie, President Younger requested a second vote. Voted in Favor of Forsyth: Goodnow, Younger Voted in Favor of Hillman: Sullivan, Daugs, Gorman, Huddy By a vote of 4 to 2, Tony Hillman was appointed as the District 4 Council Member. President Younger announced that newly appointed District 4 Council Member Tony Hillman would be Sworn In at the January 17, 2018 Council Meeting. President Younger then called a recess at 08:50 PM... At 9:00 PM, the meeting reconvened in Council Conference Room 603... F. GENERAL COUNCIL BUSINESS o Review of 2018 Legislative Agenda (For use at the AWC City Action Days Conference) o Audit Committee Briefing (12/18/17 Meeting) —'17 Chair Pat Sullivan o General Council Business was briefly discussed. With no further business, President Younger adjourned the Council Study Session at 9:20 PM. Prepared and Submitted by: LORI SMITH, Legislative Assistant APPROVED by the City Council on the 17th day of January, 2018. Eric Younger, Council President ATTEST: Shannon L. Corin, City Clerk AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Confirm Appointment of Dino Davis to the Bremerton Planning Commission Study Session Date: COUNCIL MEETING Date: Department: Presenter: Phone: January 10, 2018 January 17, 2018 Executive Mayor Wheeler (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: ❑x 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: Interlocal Participation Agreement with BuyBoard® National Purchasing Cooperative AGENDA BILL CITY OF BREMERTON CITY COUNCIL 6E 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: ❑x 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 6F 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: Tom Knuckey 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: ❑x 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 LL O U U w O w 0 w U) O w O ry 0- z O U O J U w O ry w s 17 III �O O� LL. 17 OO O r) 0 z ry O � � � w J Q J 5w G w�> M� W L 7 Z LL O U J w U �� v ) w Of z ] }uowa6pi8l L— ❑ Z p!J}uaJB 3N 'GA plaid an 6wJoj DJpuos 'any ¢ ulgo 0 Of a o- w Benita Dr. NE z Jalung uosu o F- 119 — JJ� aq�UDH T U �D al6u!}s Ja;ulDd lwoDN sau6y �uiJa4� > y > io N N _ •any wgod ° ny uDb '}s spiow O N N C N 7 = o_ 'any pile w a 'a y auoJD o ;s yon M ' ny aospalg auD'C •any s !11!4d 'any u' }JDMa}s v � auD� ? 3 O c c Ja �JDd N o N 'any uIDIDDyy N ❑ _ E o ❑ > m z 'any a}}alpD M - w w a Z any a;;all!D Id IJoad z (if P c a L `v poo,j au! dU)'JQ alpaa aui v 3N 'pd auld CO - c J o -❑ of ld �D D(' o n c° m pooh la�l. c ° 1 0_ `❑a in in .�� ❑ Gi u, Co auoD auld3 ly, — aic A z O Q U O J U LU O ry n foo Dr. ` n 0 z Q O O i LL, U CQ C W W 7 L.Lz0 O U U U ry� 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) /7 ✓ l�, s ✓ l BMs, ROO. qp —MT gM1W 3 9!� ay. 00 Vhf - %dGcS �r�a- _ _-- ✓ l /(Rjg -777, 5t SUMMARY ENGINEER'S ESTIMATE $1,450,000 APPARENT LOW BIDDER S pv4NS $ l 1 y9� ��I, a� SECOND LOW BIDDER V� $ T►-iIRQ LOW BIDDER -- r�r �n S f� $ -343 .27 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 6G 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: ❑x Limited Presentation ❑ Full Presentation STUDY SESSION ACTION: 0 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: NE %noway Ln Peace Lutheran School A NE FdddWi Rd NE Riddell Rd NE PJddsO Rd NE Riddell Rd zLU Uj ix eG Goodwill Bremerton Clierne" St NL N.afma;idy N NE Cheryl S1 Y !:l one S" (303 T' fy E lirp.e S[ Ga G Hanfud Ave CL Dolan Sl h R11 NE lYV Rd Wallin St 7 Nr rA* st PO'ln St Ptwlsl l3k.11 s1 Viewcrest Villages Apartments Sylvan Way Sylvan Way Sylvan Way Sylvan way Sylvan Way NE Sy > -3 View Ridge z F" Elementary School Z2 V,f a U1 La 1;" TI, Nf 006p wk Ud bibb It 2 E31%tst E 31st St 1 s1,tsT 9 E 301h St f a:)! I, ST 9 Sb Pd Sherldan Rd Sheridv Sheridan Rd Sheridan Rd Sheridan Rd Ile, t Stephenson Canyon SHERIDAN PARK Mawason Way AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Resolution No. 3302 adopting the Comprehensive Solid & Hazardous Waste Management Plan for Kitsap County Le 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. 3302 FISCAL IMPACTS (Include Budgeted Amount): STUDY SESSION AGENDA: ❑ Limited Presentation ❑x Full Presentation STUDY SESSION ACTION: OConsent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to adopt Resolution No. 3302 adopting the Solid and Hazardous Waste Management Plan for Kitsap County. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/02/2018 RESOLUTION NO. 3302 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 tocy V, 0 A 9 N to c y v P 4 0 a 9 AW 3 4 4b r. 00 .. O 0 i O N E O W L O a � U� to c y v P 4 0 a O .v a. O E L 9 c '- a J ill 0 vo r cn ' I.L to c y v P 4 0 a i O a. O E 9 O N to c y v P 4 0 a 9 to c y v P 4 0 a 9 L �,ir O L a. 0 ._ i a. i .E m LL ►: 11 0 V V i cn �i vii, Wj to c y v P 4 0 a O a 0 a� E c� 9 11 4- 0 O m � � O N � •tn c Q i LO v O O O � � � O V � � W 11 to c y v P 4 0 a 9 to c y v P 4 0 a O a. O E i c� 9 "m -11,90 a) V SEMMES E ._ ca W No a, o O ip�a J O O O .OENEM v 06 ca v O •- W O > ._ ICL aM:O .� W W > D to c y v P 4 0 a 9 da � 1 y 06 �1 ■ AV V V ■ I.L L V � O L � ■� `�- O O �- 1 W W I.L v to c y v P 4 0 a 9 Z3 L � IL SLI z to c y v P 4 0 a 9 to c y v P 4 0 a 9 ■ _ E ♦..� ♦ ♦o _ ■L �i 0 S ■0 o •� o 0 0 cn o� �z�, cn O ■— a� o .o L V N > +�+ oa LU �_ to c y v P 4 0 a L O V a. 4- 0 E 9 4) T1 to c y v P 4 0 a O a. O E 9 to c y v P 4 O Q R_ C O � 4 !6 � Y LIQ fJ} Ea c N o CD Cp S 47 1 Y rM X64 v E 4 4 O G C tl O a c] O c q u In � m 7 y3 Z S y 7 [6 00 nI` p 4 ta nN, W m i LL 01 r, v Q CL N 0 Eo 0 V 6 pp ---' 8 Q [7] OO [6 C9i G� c u C7 7 I c J 64 4. cn 9 C M � ��S+ c4cVV C K u' tfi N 4 ti 47 m EL C:i .o r N o d c C O � 4 !6 � Y LIQ fJ} Ea c N o CD `v S 47 U7� Y rM X64 v E 4 4 O G C tl O C o C7 c] O c q u In � m 7 y3 Z S y 7 [6 p 4 ta m i v 0 C OO Y .[ u C7 E c5 I c J 64 [a < ee IOGpS c�.cn 7 7 m o C] d C ID 5[ O : c O u fC�?p LL CD r -0 C C C CD 4 OD mQ ICI c� 5 co m K oCN[ �a 1 4 C [a 4 m V� � o C M � ��S+ c4cVV C K u' tfi N 4 ti 47 m EL C:i .o r N o d c C O � 4 !6 � Y LIQ fJ} Ea c N o L p S 47 U7� Y rM X64 v E 4 4 O G C M � ��S+ c4cVV C K u' tfi N 4 ti 47 m EL C:i .o r N o d c C O � 4 !6 � Y LIQ fJ} _A C+3 N [c r 0 C tl O c] O u In � m 7 y3 CL U to c y v P 4 0 a L O a 0 a� E 9 to c y v P 4 0 a 9 cCL 0 O ♦..r V � � •- 0 _ p _0 NO > 0 O w ._ a � � w _ to c y v P 4 0 a 9 ri-A r. r. O � O ._ 'T E '� L`` Q v � � O � O V cn LO to to LO M M O CO M r uGPJ l L J 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 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 ❑x 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. (e) Deposit. Lessee shall pay a deposit of seven hundred twenty and 00/100 dollars ($720.00) prior to occupying the Premises. Lessor shall apply the deposit to any unpaid rent upon Lease termination, and/or any damage caused by Lessee beyond normal wear and tear. 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 Pacific Northwest Marine Co. dba Freedom Boat Club Page 2 of 10 Lease Agreement 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 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 Pacific Northwest Marine Co. dba Freedom Boat Club Page 3 of IO Lease Agreement 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 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 Pacific Northwest Marine Co. dba Freedom Boat Club Page 4 of 10 Lease Agreement 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 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 Pacific Northwest Marine Co. dba Freedom Boat Club Page 5 of 10 Lease Agreement 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 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. Pacific Northwest Marine Co. dba Freedom Boat Club Page 6 of 10 Lease Agreement 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 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. Pacific Northwest Marine Co. dba Freedom Boat Club Page 7 of 10 Lease Agreement (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. (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 Pacific Northwest Marine Co. dba Freedom Boat Club Page 8 of IO Lease Agreement overnight delivery through public or private service, delivery charge prepaid, and addressed to the party at the respective mailing address as herein set forth. 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 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 O �� E 5 C � �Qy�O . amu' O° , i W �' p % ; / \\ �a �� / h �7 F RFY T�A / 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 7B SUBJECT: Resolution No. 3300 approving Study Session Date: January 10, 2018 Phase II of the East Park Final Plat 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. 3300 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 ❑x General Business ❑ Public Hearing RECOMMENDED MOTION: Move to adopt Resolution No. 3300 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. 3300 A RESOLUTION of the City Council of the City of Bremerton, Washington, approving Phase II of the East Park Final Plat (File No. BP17 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. BP14 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 11 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 11. Occupancy for up to 20 of the residential structures within Phase 11 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 F(6MA 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. Adil1,,im",. O U � O O Q O 70 U_ 'Q N O O � Q �U N s� �O 7 r-, N L U ., ��. t,,i' „�'', �',''� �t �, `t 'i 4 NY Q'I AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Resolution No. 3301 authorizing National Fish and Wildlife Foundation Five Star & Urban Waters Restoration Program Grant Application for Kitsap Lake 7C Study Session Date: January 10, 2018 COUNCIL MEETING Date: January 17. 2018 Department: Presenter: Parks and Recreation Jeff Elevado Phone: (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. 3301 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: ❑x Limited Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda 0 General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve Resolution No. 3301 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. 3301 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. O .V y r— p c ca0 �a �, c M ,On 'D Z a E S 0 LM CD y a c Cl)aV! a � a L O Q1 o i�V x IR•! O L M r z �'0 UL a ;r a l a ,: r*4 U O U � 30 a 0 v n 0 d' W V ww O 0 (Y)0 W 0 d 000 F- d W Z 0 J J Z 0 N d. 0 t0 = U 0 co W J U CP0 i r 00 N N Im 0o W Z WM N = 0 � 0 4oa� M 0 � Z J 0.00 U� r w = Z � W Doom �Q M r �03� T N �? W 0 0 � �- I- W = I ��•�u0 0 Z d= '� opo d z �' <m M v 0 Z t0 Oi Z W W m H m m W W Z H W Z? a m i W w W (n W • (!) • 0z 1 U U Ir 4 M Z W W <WWW(�� _ wW( ZW00Nu) Z O Z W d 4 11 0 w i _. ' • LL oo�Np:5 Z �(nP poo low �I M r -I 10 4 FO 4 i CL i L L m 3 m m i 3 2 CL 0 0 N O Q O O O L m CL 0 J cri t EL 73 E Q r6 L c $-I-- 0 Ln �r� V I Access Easement and Contract Claim move to authorize the Mayor to finalize all documents necessary to complete the transactions with Bremrock LLC and Port Orchard Sand and Gravel, in order to accept an access easement for a pump station, and to make payment in the amount of approximately $39,123.51 plus any applicable interest to settle a contract dispute.