HomeMy WebLinkAbout02/14/2018 STUDY SESSION PACKETCITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337 I Phone (360) 473-5280
***AMENDED***
FEBRUARY 14, 2018
CITY COUNCIL STUDY SESSION
5:00 PM in COUNCIL CONFERENCE ROOM 603
The Study Session is open to the public, but there will be no opportunities for input or participation; no
action is anticipated except when deemed appropriate; and the content of these items is subject to
change. If approved by the Council, the items will be placed on the February 21, 2018 Council
Meeting Agenda:
A. NO PRESENTATION PLANNED - The following items are budgeted items or have been
reviewed by the appropriate Council Committee:
1. Confirm the Reappointment of Timothy Baker to the Parks and Recreation Commission
2. Confirm the Reappointment of Elizabeth Wrenn to the Parks and Recreation Commission
3. Agreement KC -327-17 with Kitsap County for the Crisis Intervention Training Program
4. Agreement KC -438-17 with Kitsap County for the Provision of Juvenile Detention Facilities
5. Memorandum of Agreement between the Naval Criminal Investigative Service and the
Bremerton Police Department for Narcotics Enforcement, Special Operations Group
6. Purchase of DISCUS/JIS Software from Cities Digital for the Bremerton Municipal Court and
Budget Amendment to the Trial Court Improvement Fund
7. Amendment No. 7 to the Professional Services Agreement with Willis of Seattle, Inc. for
Insurance Broker Services
8. Purchase of Excess Pollution Liability Insurance from XL Catlin
9. Purchase of a 2018 PJ 10K Dump Trailer from Olympic Trailer & Truck from Olympia, WA for
the Parks Department (Ivy Green Cemetery)
10. Purchase of a 2018 Ford Escape from Columbia Ford, Longview, WA for the Engineering
Department
11. Purchase of a 2018 Ford F-150 Extended Cab 2WD Pick -Up Truck from Columbia Ford,
Longview, WA for the Engineering Department
12. Purchase of a 2018 Chevrolet Silverado'/2-Ton Pick-up Truck from Bud Clary Chevrolet of
Longview, WA for the Water Resources Division
13. Purchase of a Ford F-450 Pre -Built Service Truck from Cobalt Truck Equipment of Spokane,
WA for the Water Resources Division
14. Public Works Agreement with Fox Fire Prevention, Inc. for Repair of the Gold Mountain Golf
Course Clubhouse Fire Sprinkler System
15. Fourth Addendum to the Operating Agreement with the Admiral Theatre Foundation
16. Tourism Promotion Services Agreement with Bremerton Historic Ships Association
17. Tourism Promotion Services Agreement with Bremerton Chamber of Commerce
18. Approval of Tourism Promotion Services Agreement with Visit Kitsap Peninsula
19. Tourism Promotion Services Agreement with Washington State Science & Engineering Fair
20. Reallocation of Risk Management Specialist to Risk Manager; and appropriate Budget
Adjustment
B. BRIEFINGS AND FULL PRESENTATIONS
1. Update on the Puget Sound Industrial Center to Belfair Sewer Connection Project
2. Proposed Public Hearing and Ordinance to amend Bremerton Municipal Code Title 20
entitled "Land Use"
C. GENERAL COUNCIL BUSINESS
o Audit Committee Briefing (01/29/18 Special Meeting) — Member Pat Sullivan
o Finance, Investment and Parking Committee Briefing (01/30/18 Special Meeting) — Chair
Richard Huddy
o Public Safety & Parks Committee Briefing (02/14/18 Meeting) — Vice Chair Tony Hillman
o Other General Council Business (As necessary...)
D. ADJOURNMENT OF STUDY SESSION
® Americans with Disabilities Act accommodations provided upon request. Those requiring special accommodations
should contact the City Clerk's Office at (360) 473-5323 at least 24 hours prior to the meeting.
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Confirm the Reappointment of
Timothy Baker to the Parks and Recreation
Commission
Study Session Date:
COUNCIL MEETING Date:
Department:
Presenter:
Phone:
February 14, 2018
February 21, 2018
Executive
Mayor Wheeler
(360) 473-5266
SUMMARY: The Mayor is seeking confirmation of the reappointment of Timothy Baker to the Parks
and Recreation Commission for another three year term. His current term has expired.
ATTACHMENTS: Application to the Commission is available in the Mayor's office.
FISCAL IMPACTS (Include Budgeted Amount): None
STUDY SESSION AGENDA: 0 Limited Presentation ❑ Full Presentation
STUDY SESSION ACTION: ❑ Consent Agenda ❑ General Business ❑ Public Hearing
RECOMMENDED MOTION:
Move to confirm the reappointment of Timothy Baker to another three year term on the Parks and
Recreation Commission beginning February 22, 2018.
COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action
Form Updated 01/02/2018
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Confirm the Reappointment of
Elizabeth Wrenn to the Parks and
Recreation Commission
Study Session Date:
COUNCIL MEETING Date:
Department:
Presenter:
Phone:
A2
February 14, 2018
February 21, 2018
Executive
Mayor Wheeler
(360) 473-5266
SUMMARY: The Mayor is seeking confirmation of the reappointment of Elizabeth Wrenn to the
Parks and Recreation Commission for another three year term. Her current term has expired.
ATTACHMENTS: Application to the Commission is available in the Mayor's office.
FISCAL IMPACTS (Include Budgeted Amount): None
STUDY SESSION AGENDA: 0 Limited Presentation ❑ Full Presentation
STUDY SESSION ACTION: ❑ Consent Agenda ❑ General Business ❑ Public Hearing
RECOMMENDED MOTION:
Move to confirm the reappointment of Elizabeth Wrenn to another three year term on the Parks and
Recreation Commission beginning February 22, 2018.
COUNCIL ACTION: ❑ Approve
Form Updated 01/02/2018
❑ Deny ❑ Table ❑ Continue ❑ No Action
SUBJECT: Agreement KC -327-17 with
Kitsap County for the Crisis Intervention
Training Program
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
A3
Study Session Date: February 14, 2018
COUNCIL MEETING Date: February 21. 2018
Department:
Presenter:
Phone:
Police
Tom Wolfe
(360) 473-5841
SUMMARY: The Crisis Intervention Program will cover the cost of instructors and personnel costs of
law enforcement officers, to allow commissioned officers to continue receiving intensive training to
respond to citizens experiencing a behavioral or mental health crisis. Patrol officers are already
trained in the basic understanding of the proper safety skills while incorporating de-escalation
techniques to more effectively approach a crisis situation.
ATTACHMENTS: Agreement KC -327-17
FISCAL IMPACTS (Include Budgeted Amount): There will be no fiscal impact to the Police
Department's budget. The agreement is for the appropriation of $21,500 to augment funding for
mental health training.
STUDY SESSION AGENDA: 0 Limited Presentation ❑ Full Presentation
STUDY SESSION ACTION: ❑ Consent Agenda ❑ General Business ❑ Public Hearing
RECOMMENDED MOTION:
Move to approve Agreement KC -327-17 with Kitsap County for Crisis Intervention Training Program,
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
CFDA#: N/A
AGREEMENT KC -327-17
This Agreement is entered into between Kitsap County and the City of Bremerton for the
Crisis Intervention Training Program.
Purpose
This Agreement is for the appropriation of $21,500, for the purpose of augmenting state
and federal funding of mental health, chemical dependency and therapeutic court
programs and services with the goal of preventing and reducing the impacts of disabling
chemical dependency and mental illness by creating and investing in effective, data -
driven programs for a continuum of recovery -oriented systems of care per RCW
82.14.460 for the time period January 1, 2018 — December 31, 2018. Funding must be
used solely for the purpose of providing for the operation or delivery of chemical
dependency or mental health treatment programs and services and for the operation or
delivery of therapeutic court programs and services. No funding provided under this
Agreement may be used to supplant existing funding for these programs.
II. Collaboration and Collective Impact
The City of Bremerton shall take the initiative to work with other systems to reduce
fragmentation or duplication and to strengthen working relationships utilizing collective
impact strategies. The City of Bremerton will provide quarterly updates on collaborative
efforts and outreach activities that will include issues mutually identified by the City of
Bremerton and respective systems that can be addressed through collective impact
strategies. Examples of such systems include: mental health, aging, veterans, child
protection and welfare, adult protection and welfare, education, juvenile justice, housing,
employment services, primary health care plans and other publicly -funded entities
promoting substance abuse and mental health services.
All entities providing services to working age adults and youth shall establish a
connection with the local WorkSource system to ensure people have access to
employment training and placement services.
III. Identification and Coordination of Available Funding Sources
The City of Bremerton is required to identify and coordinate all available funding
resources to pay for the mental health and chemical dependency services funded by
this Agreement, including Federal (Medicaid and Affordable Care Act, etc.), State, local,
private insurance and other private sources. The 1/10th of 1 % funding should be utilized
as a Payor of Last Resort.
IV. Project Description
This project will provide behavioral health services within the Crisis Intervention level of
the continuum of care and addresses the following strategic goals:
KC -327-17 City of Bremerton 12-13-17 Page 1
Reduce the number of chemically dependent and mentally ill youth and adults
from initial or further criminal justice system involvement.
Reduce the number of people in Kitsap County who recycle through our criminal
justice systems, including jails and prisons.
Reduce the number of people in Kitsap County who use costly interventions
including hospitals, emergency rooms, and crisis services.
This project will provide training to forty (40) commissioned law enforcement officers
in Kitsap County in Crisis Intervention and Triage Training. The goal of this project is
to provide additional training to all law enforcement officers in crisis intervention and
triage for the mentally ill, and increase the number of designated Crisis Intervention
Officers from forty-six (46) to eighty-six (86). The training will provide additional
training in communicating and de-escalating a subject in crisis with means other than
physical or deadly force.
V. Project Activities
Crisis Intervention Team Training (CIT) involves working in a team with mental
health practitioners, law enforcement, medical personnel, and other first responders.
The focus is to provide the best services possible to the individual in a mental health
crisis. The City of Bremerton will coordinate the following:
Two 40 -hour Crisis Intervention Response Team Training classes for forty
(40) newly designated Crisis Intervention Officers.
Twenty -Four (24) hours of Enhanced Crisis Intervention Training to twenty-
five (25) designated Crisis Intervention Officers.
Two-hour team meetings of the Crisis Intervention Response Team bi-
monthly.
The City of Bremerton will be responsible for communicating with the other agencies
involved in this project. The communication will be to structure the training and
coordinate the instructors, times, dates, and locations of the training.
The Project Budget Total for this project is found in Attachment A. The parties agree
that the City of Bremerton cannot control the attendance of the other agencies'
personnel. Once the City of Bremerton performs its duties of structuring training and
coordinating instructors and trainings, the County shall not withhold payment based
on other agencies' lack of attendance. The City of Bremerton shall, to the best of its
ability, coordinate dates, times and locations to accommodate as many agency
personnel as possible.
VI. Project Design
The project has been documented a proven success in other cities and counties in
Washington State. This type of project has also been a success in other states. The
most successful crisis intervention training and Crisis Intervention Officer Response
Team concept emerged from Memphis, Tennessee. The Memphis Crisis Intervention
KC -327-17 City of Bremerton 12-13-17 Page 2
Team (CIT) is an innovative police—based, first responder program that has become
nationally known as the "Memphis Model' of pre -arrest jail diversion for those in a
mental illness crisis. This program provides law enforcement -based crisis intervention
training for helping those individuals with mental illness. The Crisis Intervention Officer
Response Team concept that emerged from Memphis has become the national
standard for law enforcement response training for subjects in crisis due to mental
health and or substance abuse issues. This project will utilize the Memphis Model to
train law enforcement professionals to help improve service to the community and
subjects in crisis, and provide additional tools to law enforcement.
VII. Project Outcomes and Measurements
The City of Bremerton will participate in the Evaluation Plan for Treatment Sales Tax
Programs. Programs or services implemented under the Treatment Sales Tax are
monitored by the Citizens Advisory Committee. The City of Bremerton will have an
evaluation plan with performance measures developed in partnership with Kitsap Public
Health District Epidemiologist. The emphasis will be on capturing data at regular
intervals that can be used to determine whether Treatment Sales Tax funded programs
met expectations. Some common measures will be identified that will be reported on.
Evaluation efforts must include standardized data collection and reporting processes
that produce the following types of information:
• Quantity of services (outputs).
• Level of change occurring among participants (outcomes).
• Return -on -investment or cost -benefit (system savings) if evidence -based.
• Adherence to the model (fidelity).
• Common measures (to be identified by the Citizens Advisory Committee and
Kitsap Public Health District staff that all programs must report on).
Data will be collected to monitor the following goals and objectives identified by the City
of Bremerton:
Goal #1: Increase the number of designated Crisis Intervention Officers (CIO) in Kitsap
County.
Outcome #1: Increase the number of designated Crisis Intervention Officers
(CIO) from forty-six (46) to eighty-six (86).
Goal #2: Provide as many designated Crisis Intervention Officers with twenty-four (24)
hours of enhanced training.
Outcome #2: Have 100% capacity of designated Crisis Intervention Officers
attend advanced training.
Goal #3: Increase annotating calls that should be designated CIO.
Outcome #3: Increase the monthly CIO calls that are annotated, from fifty (50) to
one -hundred (100) per month.
KC -327-17 City of Bremerton 12-13-17 Page 3
VIII. Data Collection and Reporting
The City of Bremerton will provide a Quarterly Report to the Kitsap County Human
Services Department by April 30, July 31, October 31, 2018 and January 31, 2019 each
year funding is received under this grant detailing progress made on program outcomes
during the quarter, what other funding sources have been investigated, and what the
future potential for alternative funding is. In addition, outcomes identified in the
Evaluation Plan for Mental Health, Chemical Dependency and Therapeutic Court
Programs will be reported.
IX. Billing and Payment
Payments to the City of Bremerton shall be requested using an invoice form, which is
supplied by the County. City of Bremerton invoices must be sent to the County by the
fifteenth (15th) calendar day after the end of the month.
The City of Bremerton is authorized to receive payments in accordance with the cost
reimbursable budget included under this Agreement. The City of Bremerton will comply
with the following standards as applicable.
Reimbursement Request — Upon Completion of each month, the City of Bremerton must
provide to the County a written explanation of expenditures which are less than 90% of,
or more than 115% of the year-to-date budgeted total.
All payments to be made by the County under this Agreement shall be made to:
City of Bremerton
3456 th St., #100
Bremerton, WA 98337
The Agreement shall not exceed the total amount indicated on the cover sheet of this
Agreement and any other modifications hereof.
IX. Duration
This Agreement is in effect from January 1, 2018 — December 31, 2018.
X. Amendments
This Agreement may only be modified by one or more written amendments duly
approved and executed by both parties.
XI. Attachments
The parties acknowledge that the following attachments constitute a part of this
Agreement:
Attachment A: Budget
KC -327-17 City of Bremerton 12-13-17 Page 4
This Agreement shall be effective January 1, 2018.
Dated this day of , 201_
CITY OF BREMERTON
Greg Wheeler, Mayor
KC -327-17
Dated this day of , 2018.
KITSAP COUNTY BOARD OF
COMMISSIONERS
Robert Gelder, Chair
Edward E. Wolfe, Commissioner
Charlotte Garrido, Commissioner
ATTEST:
Dana Daniels, Clerk of the Board
Approved as to form by the Prosecuting Attorney's Office
KC -327-17 City of Bremerton 12-13-17 Page 5
ATTACHMENT A: BUDGET SUMMARY/ESTIMATED EXPENDITURES
Kitsap County Human Services Department
Expenditure Plan: January 1, 2018 - December 31, 2018
Agency Name: City of Bremerton
Project Name: Crisis Intervention Training
Contract: $21.500 Contract # KC -327-17
Contract
Line item
1/1/2018
3/31/2018
4/1/2018
6/30/2018
7/1/2018
9/30/2018
10/1/2018
12/31/2018
Total
Budget
Personnel
-
Manager and Staff (Program Relate
-
-
-
-
-
Fringe Benefits
-
-
-
-
-
Supplies & Equipment
$ 1,500.00
$ -
$ -
$ -
$
1,500.00
Equipment
-
-
-
-
-
OfficeSupplies
1,500.00
-
-
-
1,500.00
Other (Describe):
-
-
-
-
Administration
$ 20,000.00
$ -
$ -
$ -
$
20,000.00
Advertising/Marketing
-
-
-
-
-
Audit/Accounting
-
-
-
-
-
Communication
-
-
-
-
-
Insurance/Bonds
-
-
-
-
-
Postage/Printing (Brochures)
-
-
-
-
Training/Travel/Transportation
20,000.00
-
-
-
20,000.00
% Indirect
-
-
-
-
-
Other (Describe):
-
-
-
-
-
Other (Describe):
-
-
-
-
-
Operations & Maintenance
-
Janitorial Service
-
-
-
-
Maintenance Contracts
-
-
-
-
-
Maintenance of Existing Landscapi
-
-
-
-
-
Repair of Equipmentand Property
-
-
-
-
-
Utilites
-
-
-
-
-
Other (Describe):
-
-
-
-
-
Other (Describe):
-
-
-
-
-
Other-
DebtService
-
-
-
-
-
Other (Describe):
-
-
-
-
-
Other (Describe):
-
-
-
-
-
Project Budget Total
$ 21,500.00
$ -
$ -
$ -
$
21,500.00
KC -327-17 City of Bremerton 12-13-17 Page 6
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Agreement KC -438-17 with
Kitsap County for the Provision of Juvenile
Detention Facilities
Study Session Date:
COUNCIL MEETING Date:
Department:
Presenter:
Phone:
� I
M
February 14, 2018
February 21, 2018
Police
James Burchett
(360) 473-5225
SUMMARY: Kitsap County will provide a secure facility forjuveniles detained within thejurisdiction
of the Bremerton Municipal Court.
ATTACHMENTS: Agreement KC -438-17
FISCAL IMPACTS (Include Budgeted Amount): One Hundred Twenty Five Dollars ($125.00) per
day, per detained youth. Washington sales tax not included with this figure.
STUDY SESSION AGENDA: 0 Limited Presentation ❑ Full Presentation
STUDY SESSION ACTION: ❑ Consent Agenda ❑ General Business ❑ Public Hearing
RECOMMENDED MOTION:
Move to approve Agreement KC -438-17 with Kitsap County for the Provision of Juvenile Detention
Facilities; 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
KC -438-17
AGREEMENT FOR PROVISION OF JUVENILE DETENTION FACILITIES
BETWEEN KITSAP COUNTY AND THE CITY OF BREMERTON
This AGREEMENT FOR THE PROVISION OF JUVENILE DETENTION FACILITIES
("Agreement") is entered into by and between Kitsap County ("County"), a political subdivision
of Washington State, and the City of Bremerton, a municipal corporation of Washington State
("City").
RECITALS
WHEREAS, the County is authorized by law to operate the Kitsap County Juvenile Detention
Facility ("Detention Facility") to confine juvenile offenders;
WHEREAS, the City does not possess sufficient facilities to confine juvenile offenders;
WHEREAS, the County has space available in its Detention Facility and is amenable to making
such space available to confine the City's juvenile offenders, pursuant to the lawful authority of the
City, for a rate of compensation as mutually agreed to by the parties; and
WHEREAS, the County and the City have determined that it would be mutually beneficial to the
parties to enter into this Agreement.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals which are incorporated herein by
this reference, the parties agree as follows:
SECTION 1 DEFINITIONS
1.1 "Admitted" or "Admission" of the Juvenile by Kitsap County will occur when the
Detention Facility staff has advised City's Representative that the Juvenile presented to
the Detention Facility for confinement has been accepted for admission by the Detention
Facility, the booking process completed, and Kitsap County has taken physical control of
the Juvenile.
1.2 "Additional Health Care Services" means any medical, mental health, dental or other form
of health care and/or treatment provided to a Juvenile not routinely provided by Kitsap
County's in-house health care provider in the Detention Facility, regardless of where
such services are provided including, without limitation, emergency medical services,
prescriptions, laboratory tests, medical imaging services, necessary durable medical
equipment, and any in-patient or out-patient treatment or referral.
1.3 "Bed -Day" means any consecutive period of time exceeding 12 hours during which a
Juvenile is in the custody of the Kitsap County Juvenile Department Detention Facility,
which includes booking.
Page I 1
1.4 `Booking" means the process in which the Juvenile's personal data is recorded, the City's
Representative confirms the Juvenile's identity and the lawful basis for confinement, and
any other screening process routinely required by the Detention Facility prior to
Admission.
1.5 "City Representative" means an authorized member of the City of Bremerton Police
Department or other authorized representative of the City.
1.6 "Detention Facility" means Kitsap County Juvenile Department Detention Facility.
1.7 "Detention Manager" means the Manager of the Kitsap County Juvenile Detention
Facility or his/her designee.
1.8 "Gravely Disabled" means a person who, as a result of a mental disorder, is in danger of
serious physical harm resulting from a failure to provide for his/her essential human
needs of health or safety; or manifests severe deterioration in routine functioning
evidenced by repeated and escalating loss of cognitive or volitional control over his/her
actions and is not receiving such care as is essential for his/her health or safety.
1.9 "Juvenile" means a youth under the chronological age of eighteen years of age arrested on
a Bremerton warrant or by the City's law enforcement officers for violation of a law for
which confinement of a juvenile is lawful.
1.10 "Partial Bed -Day" means any consecutive period of time of 12 hours or less during which
a Juvenile is in the custody of the Kitsap County Juvenile Detention Facility, which
includes Booking.
SECTION 2 SERVICES
2.1 This Agreement is limited to the detention of juveniles for offenses which are within the
jurisdiction of, and charged within, the Bremerton Municipal Court under RCW
13.04.030(1)(e)(iii).
2.2 The County agrees to accept Juveniles for confinement in the Detention Facility and the
City agrees to compensate the County for such services as provided in this Agreement.
2.3 The County will provide the Juveniles confined in the Detention Facility with access to
the same education, medical, dental, and other services provided to other juveniles
confined in the Detention Facility as required by law and County policy and procedures.
2.4 Juvenile Compliance. All Juveniles confined in the Detention Facility shall be subject to
and expected to comply with all Detention Facility rules, including those related to
discipline, emergency, safety and security rules.
2.5 Juveniles Exceeding_18 .18 . Upon the prior written request from the City, the County
Page 12
may continue to confine the City's Juveniles in the Detention Facility beyond the age of
18 years, but in no event older than 21 years of age.
2.6 Right of Refusal. The County at all times and for all purposes under this Agreement
retains the absolute right in its sole discretion to reject, limit, or revoke the acceptance of
any or all Juvenile(s), or any other person, for confinement in the Detention Facility at
any time and for any reason whatsoever.
2.7 Non -Detention Services. Court services, probation services, or the like, shall continue to
be the sole responsibility of the City and are not subject to this Agreement.
SECTION 3 TERM
This Agreement shall commence on the date last signed by both parties ("Effective Date") and
terminate on December 31, 2018, unless terminated or extended. This Agreement may be
extended for additional consecutive one (1) year periods at the mutual written agreement of the
parties, not to exceed a total of Five (5) years. Neither party has an obligation to extend this
Agreement.
SECTION 4 TERMINATION
This Agreement may be terminated by either party, at the mutual convenience of the party, upon
60 days' prior written notice to the Contract Representative of the other party. The notice shall
set forth the reasons for the termination and identify the specific plan for accommodating the
removal of the Juveniles affected by the termination. In the event of termination, the City shall at
its own expense, transport the Juveniles from the Detention Facility on or before the effective
date of the termination.
SECTION 5 COMPENSATION AND BILLING
5.1 Bed -Day Rate/Housing. The City shall pay the County a basic fee of One Hundred
Twenty -Five Dollars ($125.00) per bed -day for every Juvenile confined in the Detention
Facility
5.2 Partial Bed -Dam. The City shall pay the County a partial bed -day fee of $62.50 per
partial bed -day for every Juvenile confined in the Detention Facility.
5.3 Method of Billing. County will invoice the City monthly for amounts due the County
under this Agreement for services provided in the previous month. Such fees shall be due
and payable by the City within thirty (30) days from the billing date. Account balances
overdue 30 days or more will be subject to a service charge of 1% per month (12% per
annum). Should collection become necessary, the City shall be responsible for the
payment of all collection costs, including reasonable attorney fees, associated with the
collection of late payments.
5.4 Annual Increase. The bed -day and partial bed -day rate shall be increased annually by one
Page 13
hundred percent (100%) of that percentage increase set forth in the All Urban Consumers
Index (CPI -U) (1982-1984=100) for the Seattle -Tacoma -Bremerton area as is specified
by the Bureau of Labor Statistics, United States Department of Labor for the prior 12 -
month period ending in December; provided, however, the increase shall not be more
than six percent (6%) of the amount for the prior year.
5.5 Other Costs. The City shall promptly pay all other costs, including those for Additional
Health Care Services to the County or third parties as provided herein.
SECTION 6 PRESENTATION AND ADMISSION
6.1 Prior Verification. Prior to presenting a Juvenile for confinement, the City's Representative
shall contact the Detention Facility and obtain verification from the Detention Manager that
the Detention Facility may Admit the Juvenile for confinement and ensure the order
authorizing confinement contains a provision authorizing the Detention Manager to provide
emergency medical treatment to the Juvenile. Prior verification does not guarantee
Admission by the Detention Facility.
6.2 Presentation. When presenting a Juvenile to the County for confinement, the City
Representative shall remain at the Detention Facility with the Juvenile and comply with all
requirements of this Section and all Detention Facility procedures and rules until the
Juvenile has been admitted.
6.3 Prohibitions
A. Any Juvenile who is unconscious, under the influence of alcohol and/or drugs (as
determined by Kitsap County), or Gravely Disabled may not be Admitted into the
Detention Facility.
B. Any Juvenile with significant injuries, or who reports that he/she is currently
experiencing significant medical or mental health issues, may be Admitted in the
Detention Facility only when the Juvenile has been medically cleared for confined
Detention by a medical doctor, nurse practitioner, or other equivalent medical
personnel, and approved by Kitsap County.
6.4 Certification. The City is at all times solely responsible for determining that all Juveniles
presented by City Representatives to the County for confinement are lawfully detained
and confined, and certifies the same by the act of presenting the Juvenile for confinement
to the Detention Facility. The City shall defend, indemnify and hold the County harmless
as provided herein for any claim or action resulting from the detention of a Juvenile
wrongfully presented by the City, or its representative, to the County for confinement.
6.5 Intake Assessment. When presenting a Juvenile to the Detention Facility for confinement,
the City's Representative shall provide the Detention Facility staff with the following:
A. Duration/Conditions: provide copies of all records in the possession pertaining to
Page 14
the Juvenile's confinement, which includes without limitation, all relevant court
orders which identify the duration and other terms of confinement.
B. Emergency Medical Treatment: ensure the order of confinement contains
authorization for Director of Kitsap County Juvenile Detention Facility to provide
the Juvenile emergency medical treatment.
C. Intake Assessment: provide all information requested on the Detention Facility
Intake Assessment attached hereto as Exhibit A.
D. Parental Consent (Medical Treatment): provide a signed copy of the Parental
Consent for Medical Treatment and a copy of any medical insurance coverage
information for the Juvenile in the event the Juvenile requires medical treatment
while in the Detention Facility. See Exhibit B - Parental Consent for Medical
Treatment. The City is and remains responsible for obtaining all consents and
providing medical insurance coverage information.
E. Medical/Mental Health Status: provide a copy of the Juvenile's medical records in
the City's possession and advise the Detention Facility staff of all information
known about a Juvenile's medical and mental health status (current and
historical), including the Juvenile's psycho -sexual history.
F. Drugs/Alcohol: inform the Detention Facility staff of all information known about
the Juvenile's alcohol and drug usage (current and historical).
G. ADA Accommodations: inform the Detention Facility staff of any known
accommodation needs of the Juvenile consistent with the requirements of the
Americans with Disabilities Act.
H. Other Information: provide all relevant information available regarding the
Juvenile and such other information/documentation routinely required by the
Detention Facility.
6.6 Admission. The City Representative transporting the Juvenile to the Detention Facility
shall remain at the Detention Facility with the Juvenile until advised by the Detention
Facility staff that the preliminary portion of the booking procedure has been completed
and the Juvenile has been admitted into the Detention Facility.
6.7 Personal Property. Upon Admission of the Juvenile for confinement, County agrees to
accept and store the Juvenile's personal belongings in an amount not to exceed a day
pack or equivalent in volume. Any personal belongings exceeding this amount will
require approval from County. Any personal property not removed from the Detention
Facility by the Juvenile upon the Juvenile's release from the Detention Facility will be
deemed to be abandoned and automatically become the property of the County without
the requirement of further court action.
6.8 Notice. The County will use reasonable efforts to advise the City if a Juvenile is being
Page 15
detained by another law enforcement agency on a warrant issued by the City.
SECTION 7 LEGAL REPRESENTATION- JUVENILE
The City shall be responsible for responding to requests for legal assistance or legal
representation made by the Juvenile confined in the Detention Facility. The County will notify
the City of any requests for legal assistance or legal representation made by a Juvenile to a
County detention officer.
SECTION 8 TRANSFER AND RELEASE
8.1 Release. The Juvenile may be released from confinement from the Detention Facility as
provided below.
A. Request by City. The Juvenile may be released to the City's Representative upon
written direction or verified verbal direction from the City's Representative.
B. Court Order/Bail. The Juvenile may be released by valid court order or posting of
bail.
C. Treatment. The Juvenile may be released due to medical, mental health, dental
treatment or any other health care services not available within the Detention
Facility.
D. Emergency/Catastrophe. The Juvenile may be released in the event of any
emergency or catastrophic condition occurring that poses a reasonably imminent
danger to the safety of the Juvenile or County personnel. The decision to release
or remove persons from the Detention Facility will be at the sole discretion of the
County. In such cases, the County will provide the City reasonable notice of the
removal and shall exercise reasonable care for the safekeeping and custody of the
Juvenile(s) so removed.
8.2 Resumption of Custody. The City shall be deemed to have resumed custody of the
Juvenile upon the County's presentation of the Juvenile to the City, or upon the City's
Representative taking physical control of the Juvenile.
SECTION 9 TRANSPORTATION AND SECURITY
9.1 Transportation. Unless otherwise agreed, the City shall be responsible for all
transportation of Juveniles, which includes the delivery and pickup of the Juvenile(s) for
all purposes under this Agreement.
9.2 Release. A City Representative shall be promptly available to pick up the Juvenile when
released from the Detention Facility, regardless of the basis of the release. Promptly
available means immediately available, and in no event longer than four (4) hours after
the City receives notice from the County of the Juvenile's release. Notice for this purpose
Page 16
may be a written or oral notice from the Detention Facility to the City.
9.3 Reimbursement — Transportation/Security. In the event that the County provides the
transportation, regardless of the reason, the City shall be required to reimburse the County
for all costs of transportation and associated security incurred by the County to secure
emergent medical evaluations, emergency treatment and to support the reasonable
necessary operational needs of the Detention Facility. The cost for transportation and
custodial security time performed by County staff shall be the Internal Revenue Service
mileage rate in effect at the time of the service performed and the current cost to provide a
detention officer (currently $40.14 per officer per hour).
SECTION 10 HEATH CARE
10.1 Services Provided. Upon County's Admission of the Juvenile, the County will provide the
Juvenile at no additional charge the routine medical services that are readily available to
other detainees from the County's in-house third -party health care provider for which the
health care provider does not render a separate billing for providing such service to a
detainee. Services for which a separate billing is provided are considered Additional Health
Care Services.
10.2 Reimbursement. The City shall reimburse County for its proportion of all Additional
Health Care Services and associated costs and expenses in providing such services to a
Juvenile. Reimbursement shall be paid directly to the County or third parties, as directed
by the County.
10.3 Hospitalization. In the event a Juvenile is hospitalized, the County will advise the City. The
City's Representative will advise the County if the City will be providing the security or
requests the County to do so. If the City is to provide the custodial security, the Juvenile
shall be released to the custody of the City. If the County agrees to provide the custodial
security for the Juvenile, the City shall be responsible for reimbursing the County for all
costs associated with the transportation and custodial security, as provided in Section 9.
10.4 Emergency/Non-emergentThe Care (outside) Facility — Notification. Th Care (outside) Facility — Notification. The County will use
reasonable efforts to notify the City within four (4) business hours of transport (Monday -
Friday, 9am — 5pm) of emergent care for a Juvenile outside the Detention Facility. For
non -emergent care outside of the facility, the County will use reasonable efforts to notify
the City before noon on the next business day after the transport occurs. Lack of notice
will not relieve the City of its reimbursement obligations to Kitsap County.
10.5 No Waiver of Right to Seek Reimbursement. Nothing in this Agreement shall be construed
to waive the rights of either party to seek reimbursement for costs from the Department of
Social and Health Services, or from the detainee, his or her parent/guardian, or any other
responsible third -party.
SECTION 11 INSURANCE AND INDEMNIFICATION
Page 17
11.1 Insurance. The County and City shall maintain, throughout the term of this Agreement,
insurance adequate to protect both parties against claims that may arise as a result of the
performance of this Agreement. Such insurance shall be placed with responsible insurers,
self-insured, or carried through participation in an insurance pool at levels of coverage
adequate to protect the County and the City against loss, and as ordinarily carried by
municipalities engaged in similar operations. Upon request of the other party, the County
and City shall provide evidence of liability coverage.
11.2 Indemnification. The City agrees to defend, indemnify and hold harmless the County, its
appointed and elected officials, employees and agents from and against all liability, loss,
cost, damage and expense whatsoever, including costs and attorney's fees in defense
thereof because of actions, claims or lawsuits alleging damages sustained by any person or
property including death at any time resulting thereof, arising from or alleged to have
arisen from: i) the City's performance under this Agreement or as a consequence of any
wrongful or negligent acts or omission of the City, its appointed and elected officials,
employees and agents; ii) the wrongful detention of a Juvenile as a result of the City's
actions or failure to act; and/or iii) failure or refusal to timely release a Juvenile as a result
of the City's actions or failure to act.
11.3 To the extent the claim, damages, losses and expenses are cause by intentional acts of or by
the concurrent negligence of Kitsap County, its officers, agents, or employees, the City's
indemnification obligation hereunder shall be limited to the City's proportionate share of
liability as agreed to by the parties to this Agreement or determined by a court of competent
jurisdiction.
11.4 Kitsap County agrees to defend, indemnify and hold harmless the City, its appointed and
elected officials, employees and agents from and against all liability, loss, cost, damage and
expense including costs and attorney's fees in defense thereof because of actions, claims or
lawsuits alleging damages sustained by any person or property including death at any time
resulting thereof, arising from, or alleged to have arisen from: i) Kitsap County's
performance under this Agreement or as a consequence of any wrongful or negligent acts
or omission of Kitsap County, its appointed and elected officials, employees and agents; ii)
wrongful detention of a Juvenile as a result of Kitsap County's actions or failure to act;
and/or iii) Kitsap County's failure or refusal to timely release a Juvenile.
11.5 To the extent the claim, damages, losses and expenses are caused by intentional acts of or
by the concurrent negligence of the City, its officers, agents, or employees, Kitsap
County's indemnification obligation hereunder shall be limited to Kitsap County's
proportionate share of liability as agreed to by the parties to this Agreement or determined
by a court of competent jurisdiction.
11.6 Solely for the purposes of this indemnification provision, the City expressly waives any
immunity derived from Title 51 (Industrial Insurance) of the Revised Code of Washington
or the City's equivalent thereof, and acknowledges that this waiver was mutually agreed
upon by the parties.
11.7 Obligations/Notice of Claim. County will provide the City notice of the assertion of
Page 18
liability by a third party that may give rise to a Claim by County against the City based
on the indemnity contained herein. City shall promptly advise County in writing, which
shall in no event exceed 14 calendar days from the notice date, whether City accepts or
denies tender of the claim. City shall reimburse County for all fees and costs of defense
whether incurred before or after the notice of claim. City shall keep County timely and
fully informed through all stages of the defense and promptly respond to and comply with
County's requests for information. The County at all times reserves the right, but not the
obligation, to participate in the defense and such participation shall not constitute a
waiver of City's indemnity and defense obligations under the Contract.
SECTION 12 GOVERNING LAW
Governing Law/Venue. The Agreement, and the Juvenile(s) confined under this Agreement,
shall be made under, construed in accordance with, and governed by the laws of the State of
Washington, without regard to conflicts of law or choice of law provisions. Any action arising
out of, related to or in connection with this Agreement shall be instituted and maintained only in
a court of competent jurisdiction in Kitsap County, Washington or as provided by RCW
36.01.050.
SECTION 13 CONTRACT REPRESENTATIVES
Unless otherwise provided herein, any required notice will be in writing and deemed given and
received either on the date personally served to the other party's Contract Representative or on
the third day after the date of the postmark of deposit by registered or certified first class U.S.
mail, postage prepaid and properly addressed to the Contract Representative as follows:
County: Michael S. Merringer
Director
Kitsap County Juvenile Department
Kitsap County Juvenile Service Center
1338 SW Old Clifton Road
Port Orchard, WA 98367
City: James Burchett
Chief of Police
Bremerton Police Department
1025 Burwell Street
Bremerton, WA 98337
SECTION 14 NON-DISCRIMINATION
The parties in the performance of this Agreement shall not discriminate against any person on
the basis of race, color, creed, religion, national origin, age, sex, marital status, sexual
orientation, veteran status, disability, or other circumstance prohibited by federal, state, or
local law, and shall comply with Title VI of the Civil Rights Act of 1964, P.L. 88 354 and
Americans with Disabilities Act of 1990.
Page 19
SECTION 15 INDEPENDENT CONTRACTOR
For all purposes, each party will act in its individual capacity and not as an agent, employee,
partner, joint venture, or associate of the other. An employee, agent, or subcontractor of one
party shall not be deemed or construed to be the employee, agent or subcontractor of the other
for any purpose whatsoever including responsibility for any federal or state tax, industrial
insurance or social security liability.
SECTION 16 ACCESS AND RECORDS
16.1 Access - Detention Facility. The City shall have the right to inspect, at mutually
agreeable times, the Detention Facility in order to confirm the County maintains
standards acceptable to the City and that its detainees are treated appropriately. The
County agrees to manage, maintain and operate its Detention Facility consistent with
applicable federal, state and local laws.
16.2 Access to Juveniles. City law enforcement shall have the right to interview Juveniles at
any reasonable time within the Detention Facility and the option to use the Detention
Facility interview rooms.
16.3 Records. The County agrees to maintain a system of record keeping relative to the
booking and confinement of each Juvenile consistent with the record keeping by the
County for all other detainees. The County will keep records of all medical, mental
health or dental services it provides to a Juvenile as required by law. The County agrees
to share all information, including insurance information, regarding a Juvenile with the
City as authorized by law.
SECTION 17 GENERAL PROVISIONS
17.1 Force Majeure. Neither party shall be in default by reason of any failure in performance
of this Agreement if such failure arises out of causes beyond their reasonable control and
without the fault or negligence of said party including acts of God, terrorism and other
acts of public enemy, war, epidemics or quarantine restrictions.
17.2 No Waiver. No waiver of any right under this Agreement shall be effective unless made
in writing by an authorized representative of the party to be bound thereby. Failure to
insist upon full performance on any occasion shall not constitute consent to or waiver of
any continuation of nonperformance or any later nonperformance; nor does payment of a
billing or continued performance, after notice of a deficiency in performance, constitutes
acquiescence thereto.
17.3 Priori1y. The Detention Facility policies and rules shall apply for all purposes, unless they
conflict with the terms and conditions of this Agreement. In the event of conflict, this
Agreement will control.
17.4 Modification. No supplement, modification, or amendment of any term of this Agreement
will be deemed binding or effective unless in writing and signed by both parties.
Page 110
17.5 Assignment/Delegation. _ Neither party may assign or delegate its rights, nor its
responsibilities under this Agreement to a third party, without the prior written consent of
the other party. Any purported assignment or delegation in violation of the subsection is
void.
17.6 Severability. The provisions of this Agreement are severable. Any term or condition of
the Agreement or application thereof deemed to be illegal, invalid or unenforceable, in
whole or in part, shall not affect any other term or condition of the Agreement and the
parties' rights and obligations will be construed and enforced as if the Agreement did not
contain the particular provision.
17.7 Third Party Beneficiary. Nothing under this Agreement shall be construed to give any
rights or benefits in the Agreement to anyone other than the County and the City, and all
duties and responsibilities undertaken pursuant to this Agreement will be for the sole and
exclusive benefit of the County and the City, and not for the benefit of any other party.
17.8 No Waiver. Either party's failure to insist on strict performance of any term or condition
of the Agreement shall not be deemed a waiver of that term or condition even if the party
accepting or acquiescing in the nonconforming performance knows of the nature of the
performance and fails to object to it.
17.9 Entire Agreement. The parties acknowledge that this Agreement is the product of
negotiation between the parties and represents the entire agreement of the parties with
respect to its subject matter. All previous agreements and representations, whether oral or
written, entered into prior to this Agreement are hereby revoked and superseded.
17.10 Provisions Required by Law. Each and every provision of law and any clause required
by law to be in the Agreement shall be read and enforced as though it were included
herein and if through mistake or otherwise any such provision is not inserted, or is not
correctly inserted, then upon the application of either party the Agreement shall forthwith
be physically amended to make such insertion or correction.
17.11 Counterparts. This Agreement may be executed by the parties in any number of separate
counterparts, each of which when executed and delivered shall be deemed an original,
and all such counterparts shall together constitute one original document. All signatures
need not be on the same counterpart.
17.12 Survival. Those provisions of the Agreement that by their sense and purpose should
survive expiration or termination of the Agreement shall so survive such as references to
compensation and indemnification. Those provisions include, but are not limited to,
Sections 5 (Compensation and Billing); 6 (Presentation and Admission); 9
(Transportation and Security); 10 (Health Care); 11 (Insurance and Indemnification); 12
(Governing Law); 15 (Independent Contractor) and 17 (General Provisions).
17.13 Authorization. Any authorizations, actions required, or permitted to be taken, and any
document required or permitted to be executed under this Agreement will be taken or
executed only by a duly authorized representative of the party. Each party warrants and
Page 111
represents to the other that the person signing below has been properly authorized and
empowered to execute this Agreement on behalf of the Party for whom they sign.
Approved and executed this day of 2018
CITY OF BREMERTON
Greg Wheeler, Mayor
ATTEST:
Shannon L. Corin, City Clerk
Approved and executed this day of
ATTEST:
Dana Daniels
Clerk of the Board
2018
BOARD OF COUNTY COMMISSIONERS
KITSAP COUNTY, WASHINGTON
ROBERT GELDER, Chair
EDWARD E. WOLFE, Commissioner
CHARLOTTE GARRIDO, Commissioner
Page 112
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
A5
SUBJECT: Memorandum of Agreement Study Session Date: February 14, 2018
between the Naval Criminal Investigative COUNCIL MEETING Date: February 28, 2018
Service (NCIS) and Bremerton Police Department: Police
Department for Narcotics Enforcement, Presenter: Randy Plumb
Special Operations Group Phone: (360) 473-5974
SUMMARY: The agreement identifies and states the terms and conditions and the purpose of the
NCIS relationship with the Special Operations Group (SOG). The agreement references the
appropriate RCW's for authorizing the operation according to State requirements. One NCIS agent
will be assigned to SOG and funded through the NCIS budget.
ATTACHMENTS: Naval Criminal Investigative Service (NCIS) Memorandum of Agreement
FISCAL IMPACTS (Include Budgeted Amount): Bremerton PD will provide work place, a
workstation and maintenance for computer support, at no cost to the City since these items are
already in place at SOG. The assigned agent will be funded through the Navy budget.
STUDY SESSION AGENDA: 0 Limited Presentation ❑ Full Presentation
STUDY SESSION ACTION: ❑ Consent Agenda ❑ General Business ❑ Public Hearing
RECOMMENDED MOTION:
Move to approve the Memorandum of Agreement with the Naval Criminal Investigative Services for
Narcotics Enforcement, Special Operations Group, 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
MEMORANDUM OF AGREEMENT BETWEEN
THE NAVAL CRIMINAL INVESTIGATIVE SERVICE
AND
THE CITY OF BREMERTON POLICE DEPARTMENT
FOR
NARCOTICS ENFORCEMENT, SPECIAL OPERATIONS GROUP
Ref: (a) SECNAVINST 5430.107
(b) 28 USC sections 1346(b), 2671-2680 (Federal Torts Claim Act)
(c) RCW 10.93.100
(d) RCW 39.34.10
(e) DoD Directive 5200.27
(f) UCMJ 10 USC 801, et seq
(g) 18 USC 1385, "Posse Comitatus Act"
(h) DoD Directive 3025.15
(i) DoD Instruction 3025.21
0) SECNAVINST 5820.7C
(k) Chapter 15 of Title 10 USC
(1) OPNAVINST 5530.14E
This is a Memorandum of Agreement (MOA) between the Naval Criminal Investigative Service
and the City of Bremerton via the Bremerton Police Department. When referred to collectively,
the Naval Criminal Investigative Service and the City of Bremerton Police Department are
referred to as the "Parties".
1. Background: The Naval Criminal Investigative Service (NCIS) and the City of Bremerton
Police Department (BPD) have enjoyed a close working relationship and entered into a counter -
narcotics task force Special Operations Group agreement in 2006. NCIS terminated the
agreement in 2013 due to a lack of special agent staffing. Both parties wish to reinstitute this
agreement.
2. Authorities: This Agreement is made and entered into pursuant to references (a) through (1).
The agents assigned to SOG pursuant to this agreement remain employees of the United States
and perform their duties within the course and scope of their Federal employment with NCIS in
accordance with their mission stated in reference (a). Consequently, the provisions of reference
(b), including its defenses and immunities, will apply to allegations of negligence or wrongful
acts or omissions of the agents while acting within the scope of duties pursuant to this
agreement. Pursuant to reference (c), NCIS personnel assigned to the task force shall have no
additional powers but shall be limited to those powers already vested by law or hereafter created
by separate enactment.
2.1. Reference (d) permits local governmental units to make the most efficient use of their
powers by enabling them to cooperate with other localities on a basis of mutual advantage and
thereby to provide services and facilities in a manner and pursuant to forms of governmental
As of. 2/9/2018 12:34
organization that will accord best with geographic, economic, population and other factors
influencing the needs and development of local communities.
2.2. As a Department of the Navy component, NCIS must adhere to the jurisdictional
investigative limitations of reference (e), and the Federal case law of those regulations. The
SOG activities that NCIS participates in are thereby limited to those criminal activities of
persons subject to reference (f) and criminal activity of persons that significantly affect the naval
establishment.
2.3. Reference (g) prohibits the Army and Air Force (Department of Defense regulations now
restrict the activities of all branches or components of the Armed Services under this Act) from
being used as a posse comitatus or otherwise to execute the laws entrusted to civilian law
enforcement authorities. The restrictions of the Act do not apply to civilian employees of the
Department of Defense who are not acting under the direct command and control officer. See
NOTE below. Other statutory provisions specifically authorize certain indirect and direct
assistance and participation by the military in specified law enforcement functions and activities.
2.4. All Department of Defense components (except strictly civilian components not acting
under direct command and control of a military officer) who enter into this agreement, will
comply with all Department of Defense regulations and statutory authorities (describing
restrictions, authorizations, and conditions in support of law enforcement) including but not
limited to references (h) through (1) dealing with military support for civilian law enforcement
agencies and any other or subsequent rules, regulations, and laws that may address this topic of
that may amend, or modify any of the above provisions. This MOA will not be considered to
authorize any additional or greater authority (than already described) for Department of Defense
components to act in the support of law enforcement activities. Note: The U.S. Ninth Circuit of
Appeals, en banc, has ruled that the Posse Comitatus Act -type restrictions in the applicable DoD
and Navy regulations apply to all civilian DoD personnel except when they are not on duty (U.S.
v. Dreyer 804 F.3d 1266 [9th Cir.201.5]).
2.5. NCIS is required to conduct investigations and operations that have a DoD/DON nexus.
However, when assigned to non-DoD affiliated law enforcement agencies/task forces, like
SOG, NCIS agents may be asked to assist with law enforcement matters that do not have a
direct DoD/DON nexus. As this activity is done under the auspices of the non-DoD agency,
NCIS participation is limited to support only, but is authorized.
3. Purpose: This agreement is intended to create a collaborative effort and partnership between
NCIS and BPD to enhance joint investigative abilities in order to more effectively identify, arrest
and deter those members, civilian and military, of our community involved in the use, sale,
manufacturing and distribution of narcotics.
4. Responsibilities of the Parties:
4.1. The Naval Criminal Investigative Service will:
4.1.1. A NCIS agent will be assigned to the SOG of the BPD (hereinafter SOG) to
provide assistance on narcotics operations and investigations which includes narcotics
As of. 2/9/2018 12:34
buys, surveillance, service of warrants and arrests of suspects. This understanding
permits NCIS special agents to work out of the SOG office in Bremerton, Washington.
Agents will team together with SOG to target criminal activities that impact both the
Navy and local communities. These agents will liaise between the agencies and facilitate
a closer working relationship.
4.1.2. NCIS agrees to furnish and pay for services of a cellular system for its assigned
agent that is compatible to cellular equipment utilized by the SOG.
4.2. The City of Bremerton Police Department will:
4.2.1. The City of Bremerton Police Department will issue to the assigned NCIS agent,
for duty use, a portable radio with necessary frequencies to properly communicate with
SOG members. Normal repair will be the responsibility of the City. Replacement due to
misuse or negligence by the NCIS agent will be the responsibility of NCIS.
4.2.2. BPD will provide a workspace and a work station with required computer
equipment and maintenance support for the assigned NCIS agent.
4.3. Both parties will:
4.3.1. BPD recognizes that the assigned NCIS agent has reporting responsibilities to
NCIS and may be required to provide investigative support, attend mandatory training,
and conduct investigations for SOG generated cases related to the DON and/or DoD.
The City of Bremerton Police Department also recognizes that the assigned NCIS agent
has reporting responsibilities to NCIS regarding his delegated duties to SOG. Prior to
reporting any information to NCIS regarding an ongoing SOG investigation or covert
operation, the assigned NCIS agent will inform the SOG supervisor what intelligence or
case information is being disclosed. This will allow NCIS and SOG superiors to ensure
that the investigation and/or operation are not compromised.
4.3.2. For operational necessity, the assigned NCIS agent will be authorized to participate
in SOG required training and meetings that will enhance knowledge of narcotic
investigations and intelligence gathering.
4.3.3. When working SOG cases, the assigned NCIS agent's work hours will be
determined by the SOG supervisor and the assigned agent will work under the
supervision of the SOG supervisor. Nevertheless, at all times, NCIS agents and
personnel assigned to SOG shall not be considered employees of BPD for any purpose.
NCIS shall be solely and exclusively responsible for its representative(s), subject to (a)
through (1) above, for purposes of any losses, claims, damages or liabilities arising out of
or related to the services provided to SOG or the activities of SOG. The City of
Bremerton shall have none of the rights, duties or obligations of an employer as respects
the NCIS representative(s).
As of. 2/9/2018 12:34
4.3.4. The agents assigned to SOG pursuant to this agreement receive compensation from
the U.S. Navy only, and are prohibited from receiving compensation in any form, from
SOG or any other source.
5. Personnel: Each Party is responsible for all costs of its personnel, including pay and benefits,
support, and travel. Each Party is responsible for supervision and management of its personnel.
6. General Provisions:
6.1. Points of Contact: The following points of contact will be used by the Parties to
communicate in the implementation of this MOA. Each Party may change its point of contact
upon reasonable notice to the other Party.
6.1.1. For the Naval Criminal Investigative Service -
6.1.1.1 Special Agent in Charge, (360) 396-4660
6.1.1.2. Administrative Officer, (360) 396-4660
6.1.2. For the City of Bremerton Police Department
6.1.2.1. Chief of Police, (360) 473-5220
6.1.2.2. Special Operations Group Sergeant, (360) 473-5777
6.2. Correspondence: All correspondence to be sent and notices to be given pursuant to this
MOA will be addressed, if to the Naval Criminal Investigative Service, to
6.2.1.
Special Agent in Charge
Naval Criminal Investigative Service
1003 Sunfish Drive
Silverdale, WA 98315
and, if to the City of Bremerton Police Department, to
6.2.2.
Chief of Police
Citv of Bremerton Police Department
1025 Burwell St.
Bremerton, WA 98337
or as may from time to time otherwise be directed by the Parties.
6.3. Review of Agreement: This MOA will be reviewed triennially on or around the
anniversary of its effective date.
6.4. Modification of Agreement: This MOA may only be modified by the written agreement
of the Parties, duly signed by their authorized representatives.
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6.5. Disputes: Any disputes relating to this MOA will, subject to any applicable law,
Executive Order, Directive, or Instruction, be resolved by consultation between the Parties or in
accordance with DoDI 4000.19.
6.6. Termination of Agreement: This MOA may be terminated by either Party by giving at
least 30 days written notice to the other Party. The MOA may also be terminated at any time
upon the mutual written consent of the Parties.
6.7. Transferability: This Agreement is not transferable except with the written consent of
the Parties.
6.8. Entire Agreement: It is expressly understood and agreed that this MOA embodies the
entire agreement between the Parties regarding the MOA's subject matter.
6.9. Effective Date: This MOA takes effect beginning on the day after the last Party signs.
6.10. Expiration Date: This Agreement expires on December 1, 2026.
7. Financial Details
7.1. This MOA shall not be used to obligate or commit funds, or serve as the basis for the
transfer of funds.
7.2. The agents assigned to SOG pursuant to this agreement receive compensation from the
U.S. Navy only, and are prohibited from receiving compensation in any form, from SOG or any
other source.
AGREED:
NAVAL CRIMINAL INVESTIGATIVE CITY OF BREMERTON
SERVICE
RONALD A. BELTZ, Special Agent in Charge
Date Signed:
As of. 2/9/2018 12:34
GREG WHEELER, Mayor
Date Signed:
BREMERTON POLICE DEPARTMENT
JAMES BURCHETT, Chief of Police
Date Signed:
APPROVED AS TO FORM:
ROGER LUBOVICH, City Attorney
City Attorney
Date Signed:
As of. 2/9/2018 12:34
ATTEST:
SHANNON RAY, City Clerk
City Clerk
Date Signed:
AGENDA BILL
CITY OF BREMERTON ��
CITY COUNCIL
SUBJECT: Purchase of DISCUS/JIS Study Session Date: February 14, 2018
Software from Cities Digital for the COUNCIL MEETING Date: February 21, 2018
Bremerton Municipal Court and Budget Department: Municipal Court
Amendment to the Trial Court Improvement Presenter: Dawn Williams
Fund Phone: (360)473-5242
SUMMARY: The court needs to purchase scripts to interface with our court JIS database and
LaserFiche for our paperless records. This will cut staff time and keep records more accurate. The
funds would come out of the Trial Court Improvement Account (professional services) and would not
affect the General Fund.
ATTACHMENTS: Quote from Cities Digital
FISCAL IMPACTS (Include Budgeted Amount): $11,990.01. This would come out of fund balance
and not affect the General Fund. Sufficient funds are available in the Trial Court Improvement
Account.
STUDY SESSION AGENDA: 0 Limited Presentation ❑ Full Presentation
STUDY SESSION ACTION: ❑ Consent Agenda ❑ General Business ❑ Public Hearing
RECOMMENDED MOTION:
Move to amend the 2018 Trial Court Improvement Fund expenditure budget by increasing
Professional Services line item by $11,990.01, for the purpose of purchasing scripts which will
interface with the Court JIS database and LaserFiche
COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action
Form Updated 01/02/2018
2000 O'Neil Rd., Suite 150
Hudson, WI 54016
City of Bremerton
345 6th Street, Ste. 600
Bremerton, WA 98337
,�av` s'." t'7 `'r 'fin. .. �'b��.�t.0 3a�+'Y..!'�!L M'� :4u.J•«�..� x :4"r�, M: �c.«.-�t�az.
• 1•'• Q. 1
Phone: (855) 714-2800
Fax: 866-592-7343
Sales@CitiesDigital.com
www.CitiesDigital.com
Software
DISCUS/JIS Software DISCUS 1 $7,500.001 $7,500.00
Services
Basic Installation Package (4 Hoursj CD3000 1 $2,000,00 $2,000.00
Annual Maintenance
DISCUS/JIS Software Annual Maintenance DISCUSS 1 $1,500.00 $1,500.00
$11,000.00
$0.00
$990.01
e $11,990.01
All sales are final, VPCI and Cities Digital do not accept returns of software and all sales are final. If your product is damaged we will replace it within 30
days of purchase at no charge. Prices are subject to change.
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
A7
SUBJECT: Amendment No. 7 to the Study Session Date: February 14, 2018
Professional Services Agreement with COUNCIL MEETING Date: February 21, 2018
Willis of Seattle, Inc. for Insurance Broker Department: City Attorney's Office —
Services Risk Management
Presenter: Thelma Swem
Phone: (360) 473-5302
SUMMARY: The City entered into contract with Willis of Seattle, Inc. for insurance broker services in
2003. Since that time, Willis of Seattle has extended its agreement without a rate increase. The
proposed amendment extends the agreement for one (1) year with a minimal increase of $2,500.
ATTACHMENTS:
1. Proposed Amendment No. 7 to Professional Services Agreement
2. Professional Services Agreement with Amendments 1 through 6
FISCAL IMPACTS (Include Budgeted Amount): The Risk Management Fund has adequate funds
budgeted to pay for the services contemplated.
STUDY SESSION AGENDA: 0 Limited Presentation ❑ Full Presentation
STUDY SESSION ACTION: ❑ Consent Agenda ❑ General Business ❑ Public Hearing
RECOMMENDED MOTION:
Move to approve Amendment No. 7 to the Professional Services Agreement with Willis of Seattle,
Inc. for insurance broker services 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
AMENDMENT NO. 7 TO PROFESSIONAL SERVICES AGREEMENT
BETWEEN CITY OF BREMERTON AND WILLIS OF SEATTLE, INC.
THIS AMENDMENT Number 7, entered into as of the 1St day of March, 2018, to the
certain Professional Services Agreement ("Agreement") commencing March 1, 2003, between
the City of Bremerton and Willis of Seattle, Inc. for broker services is based upon the following
recital of facts:
1. The current professional services contract expires on March 1, 2018, and there is a
mutual desire to amend the Agreement to extend the term during which services are to be
performed by Willis of Seattle, Inc.
NOW THEREFORE, for and in consideration of the mutual agreement contained herein, the
parties do hereby agree:
1. The term of the Professional Services Agreement is extended to March 1, 2019.
2. The City of Bremerton shall pay Willis of Seattle, Inc. $27,500 per year, for the services
detailed in Exhibit A of the Professional Services Agreement and rendered during this
extension period.
3. Willis of Seattle shall maintain the business records required in Section VII of the
Professional Services Agreement for a minimum of seven (7) years subsequent to March
1, 2019.
4. All other terms of the Agreement as amended shall remain in full force and effect.
IN WITNESS THEREOF, the parties hereto have executed this Amendment Number 7 as of
the date and year written below.
WILLIS OF SEATTLE, INC.
CITY OF BREMERTON
By: LINDSAY CUNNINGHAM, GREG WHEELER, Mayor
Executive Vice President
Corporate Risk and Broking Market Leader —
Pacific Northwest DATE:
DATE:
ATTEST:
SHANNON CORIN, City Clerk
APPROVED AS TO FORM:
ROGER A. LUBOVICH, City Attorney
R:ALegal\Legal\Contracts\RISK\Willis of Seattle - amend.7.doc
PROFESSIONAL SERVICES AGREEMENT
The City of Bremerton ("City") and Willis of Seattle, Inc. ("Broker"), referred to
collectively as the "Parties," enter into the following Agreement for professional services:
I. Scope: Broker agrees to perform the services more specifically described in the Scope of
Work, including any addenda thereto as of the effective date of this Agreement, attached hereto
as Exhibit A, which is incorporated herein by this reference as if fully set forth. Broker further
represents that the services furnished under this Agreement will be performed in accordance with
generally accepted professional practices in effect at the time such services are performed.
II. Term: The City and Broker agree that work will begin on March 1, 2003, and continue
for a three year period unless terminated earlier as provided in Section IX.
III. Compensation: In consideration of the services provided pursuant to this Agreement, the
City shall pay Broker $25,000 for each year that services are provided.
Any and all commissions received by Broker from insurance companies for business
placed on behalf of the City will be accounted for, disclosed to the City, and credited to City's
account within thirty (30) days of their receipt by Broker. Broker further agrees to credit any
excess commissions to City within thirty (30) days of their receipt by Broker. The term
"commission" shall not mean contingent or volume bonuses shared by the insurance carriers or
wholesalers on Broker's overall book of business.
IV. Relationship of Parties: Broker is skilled in the matters addressed in the Scope of Work
and is performing independent functions and responsibilities within its field of expertise. Broker
and its personnel are independent Brokers and not employees of the City. Broker and its
personnel have no authority to bind the City or to control the City's employees. None of the
benefits provided by the City to its employees, including, but not limited to, compensation,
insurance, and unemployment insurance are available from the City to the employees, agents,
representatives, or sub -contractors of the Broker. Broker will be solely and entirely responsible
for its acts and for the acts of Broker's agents, employees, and representatives during the
performance of this Agreement.
As an independent Broker, Broker is responsible for its own management. The City's
administration and enforcement of this Agreement shall not be deemed an exercise of managerial
control over Broker or its personnel.
As an independent contractor, Broker is responsible for payment of all taxes and
licensing fees necessary to perform its obligations under this Agreement. These taxes and fees
include but are not limited to State industrial insurance, B&O, State professional licensing, and
City business licensing. If any taxes or fees due the City have been declared delinquent, the City
Bremerton/Willis of Seattle, Inc.
Page 1 of 6
may withhold the delinquent amount, plus any additional charges arising from the delinquency,
from any payments due Broker.
V. Indemnification: Broker shall defend, indemnify and hold the City, its officers, officials,
employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or
suits, including all legal costs and attorney fees, arising out of or in connection with the Broker's
performance of this Agreement, except for that portion of the injuries and damages caused by the
City's sole negligence.
The City's inspection or acceptance of any of Broker's work when completed shall not be
grounds to avoid any of these covenants of indemnification.
The provisions of this section shall survive the expiration or termination of this
Agreement.
VI. Insurance: Prior to and during the performance of the work covered by this Agreement,
Broker shall provide the Risk Manager for the City of Bremerton with evidence that it has
obtained and maintains in full force and effect during the term of this Agreement, a policy of
professional liability insurance, and/or errors and omissions insurance, providing coverage of at
least $1,000,000 against professional liability or errors and omissions in connection with the
work to be performed by Broker under this Agreement. Risk Manager shall be provided thirty
(30) days' written notice of any cancellation of said professional liability insurance.
The City reserves its unqualified right to require at any time and for any reason, proof of
coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of
coverage.
VII. General Conditions:
A. Reports and Information: Broker will maintain the usual written records customary
in the business of an insurance broker to include, but not be limited to, records of policies,
premium audits, loss data and other pertinent correspondence which affects the coverage
hereunder. These records will be maintained for a minimum of seven (7) years subsequent to
February 1, 2006.
B. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement
between the Parties, and the Parties acknowledge that there are no other agreements, written or
oral, that have not been set forth in the text of this Agreement.
C. Severability: Should any part of this Agreement be found void, the balance of the
Agreement shall remain in full force and effect.
D. Modification: This Agreement may only be modified by written instrument signed by
both Parties.
Bremerton/Willis of Seattle, Inc.
Page 2 of 6
E. Written Notices: All communications regarding this Agreement shall be sent to the
parties at the addresses listed below, unless notified to the contrary. Any written notice
hereunder shall become effective upon the date of mailing by registered or certified mail, and
shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement
or such other address as may be hereafter specified in writing.
City Address
Risk Manager
City of Bremerton
239 Fourth Street
Bremerton, WA 98337
Broker Address
Willis of Seattle, Inc.
PO Box 34201
Seattle, WA 98124
F. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a
waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be
deemed waiver of any other right or power.
G. Non -Waiver of Breach: The failure of the City to insist upon strict performance of
any of the covenants and agreements contained herein, or to exercise any option herein conferred
in one or more instances shall not be construed to be a waiver or relinquishment of said
covenants, agreements or options, and the same shall be and remain in full force and effect.
H. Compliance with Laws: Broker shall comply with all applicable Federal, State, and
local laws in performing its obligations under this Agreement.
I. Choice of Law and Venue: This Agreement shall be interpreted according to the laws
of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement
shall be brought in Kitsap County Superior Court.
J. Attorne, sus: In the event of litigation to enforce any of the terms or provisions
herein, each party shall pay all its own costs and attorney's fees.
VIII. Nondiscrimination: Broker shall not discriminate in employment or services to the
public on the basis of race, color, national origin, sex, religion, age, marital status, or disability,
except for employment actions based on bona fide occupational qualification.
IX. Termination: This Agreement may be terminated, at will, by either Party upon 30 days'
notice to the other Party. This Agreement may be immediately terminated for cause by a Party if
the other Party substantially fails to perform through no fault of the terminating Party, and the
non-performing Party does not commence correction of the failure of performance within five
days of the terminating Party's sending notice to the non-performing Party.
A. Rights Upon Termination: In the event of termination, the City shall pay for all
services performed by the Broker to the effective date of termination, as described on a final
invoice submitted to the City. After termination, the City may take possession of all records and
data within the Broker's possession pertaining to this Agreement which may be used by the City
Bremerton/Willis of Seattle, Inc.
Page 3 of 6
without restriction. Upon termination the City will be entitled to reports showing the status of all
items listed in the Scope of Work through the termination date.
CITY OF B TON
By: Cary 11ozernan
its: Mayor
APPROVED AS TO FORM:
Roger A. Lubovich, City Attorney
RALEGALiContractslWillis of Seattle.doc
Bremerton/Willis of Seattle, Inc.
Page 4 of 6
its: Cg�o
EXHIBIT A
Scope of Work
Broker agrees to provide the City with the following services:
1. Develop and recommend to the City, insurance and other risk financing or loss funding
programs, contracts, techniques and methods whenever they will benefit the City.
2. Develop underwriting information, prepare specifications for marketing insurance
coverage, structure offerings to insurers and secure insurance desired, providing an
analysis of coverage scope, cost and services. Developing underwriting information is to
include an analysis of City's possible exposure to risks of loss. A copy of the
specifications shall be presented to the City.
3. When possible, design insurance policy wording to meet the specific needs and
requirements of the City.
4. Review each insurance policy, binder, certificate or other insuring document to see that
wording is complete and accurate and that coverage is in compliance with specifications.
Deliver binders and insurance policies to the City as soon as possible.
5. Monitor all insurance and other risk financing or loss funding arrangements to assure
their continuing adequacy in terms of cost and protection.
6. Structure insurance programs to eliminate gaps and overlaps in coverage and to provide
the limits or amounts of coverage requested by the City.
7. Service each policy issued to the City (i.e., process changes and endorsement).
8. Issue Certificates of Insurance as requested by City.
9. Maintain the usual written records customary in the business of an insurance brokerage
operation, as well as any other records which the City may deem necessary to the proper
handling of and accounting for the insurance placed by the Broker.
10. Be available for consultation on a daily basis in carrying out the obligations set forth in
this Agreement.
11. Verify the accuracy of each invoice. Broker shall make every reasonable effort to assure
that all billings sent to the City are correct. Each invoice shall show:
a. Insurer
b. Policy Number
c. Policy Period
d. Coverage Provided
12. As requested by the City, assist in the development of insurance and hold harmless
clauses for City contracts.
13. Assist the City as needed in compiling loss costs; in preparing claims to adjusters; in
negotiating settlements; and in pursuing payment.
14. Provide answers to City on insurance coverage and risk management questions.
15. Obtain competitive insurance quotations from various insurers when feasible.
16. As requested, provide studies of alternative loss funding plans including, but not limited
to, captive feasibility, bonding feasibility, SIR/limits determination and retention level
studies, and loss frequency and severity projections.
17. Attend meetings with City as required.
18. Assist with and make recommendations on various risk management functions of City, as
requested.
Bremerton/Willis of Seattle, Inc.
Page 5 of 6
19. Provide City with semi-annual activity reports on the performance of the Broker function.
These reports shall detail the progress and status of all work required under this
Agreement.
20. Provide early warning of pending rate, coverage or renewal problems, including
significant changes in the financial status of major insurers. Without limiting the
generality of the above -responsibility, Broker shall issue, at least ninety (90) days prior to
each insurance policy expiration or anniversary, a written report stating anticipated
renewal terms and conditions, and stating any intentions or requirements to change
insurance coverage in any way. Broker shall further keep City informed on new or
changing markets, forms, products, laws, government regulations and any other
information that may affect the risk management function, as known or should be known
according to industry standards by Broker. Periodic reports will be given thereafter by
the Broker to keep the City's risk management office fully informed on status of such
renewals or anniversary changes.
21. Act as liaison with insurance companies.
22. Provide annual updating of the City's insurable value.
23. Assist City in the settlement of self-administered claims. This service may include the
monitoring of particularly severe claims by the Broker or its claims'service affiliates so
as to provide assistance to City's Risk Manager in negotiating settlements or establishing
a defense strategy.
24. Assist City in obtaining settlement from the insurance carrier for those losses which are
not self-administered.
25. In consultation with the Risk Manager, Broker will develop specific loss prevention
recommendations for City government and provide assistance to Risk Manager in
development of loss prevention seminars in selected areas.
26. Broker shall monitor the loss control services provided by the insurance carrier or service
company. Broker further will monitor all inspection reports.
27. Assist the City with environmental loss control services by reviewing projects and
programs and making recommendations for proper respiratory, medical, air monitoring,
substance removal, recordkeeping, and training requirements. Provide project site audits
as necessary.
Bremerton/Willis of Seattle, Inc.
Page 6 of 6
AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
BE1iTWEEN CITY OF BREMERTON AND WILLIS OF SEATTLE, INC.
THIS AMENDMENT #1, entered into as of the Zj6hkday of October, 2005, to the certain
Professional Services Agreement commencing March 1, 2003, between the City of Bremerton
and Willis of Seattle, Inc. for broker services is.based upon the following recital of facts:
1. There is a mutual desire to amend the Agreement to extend the term during which
services are to be performed by Willis of Seattle, Inc.
NOW THEREFORE, for and in consideration of the mutual agreement contained herein, the
parties do hereby agree:
1. The Agreement is extended from March 1, 2006 to March 1, 2008.
2. The City of Bremerton shall pay Willis of Seattle, Inc. $25,000 per year, for the services
detailed in Exhibit A of the Professional Services Agreement and rendered during this
extension period.
3. Willis of Seattle shall maintain the business records required in Section VII of the
Professional Services Agreement for a minimum of seven (7) years subsequent to March
1, 2008.
4. All other terms of the Agreement as amended shall remain in full force and effect.
IN WITNESS THEREOF, the parties hereto have executed this Amendment #1 as of the date
and year first written above.
WILLIS OF SEATTLE, INC.
RALEGAUContracts\Willis of Seattle - amend.l.doc
CITY OF BREMER N
CARY BOE _ , Mayor
DATE: I o ;9- (A -- O S
i • ; iii ; - _ �
ROGtR A. LUBOVICH, City
AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
BETWEEN CITY OF BREMERTON AND WILLIS OF SEATTLE, INC.
THIS AMENDMENT #2, entered into as of the O 1 day of October, 2007, to the certain Professional
Services Agreement commencing March 1, 2003, between the City of Bremerton and Willis of Seattle, Inc. for
broker services is based upon the following recital of facts:
There is a mutual desire to amend the Agreement to extend the term during which services are to be
performed by Willis of Seattle, Inc.
NOW THEREFORE, for and in consideration of the mutual agreement contained herein, the parties do
hereby agree:
1. The Agreement is extended from March 1, 2008 to March 1, 2010
2. The City of Bremerton shall pay Willis of Seattle, Inc. $25,000 per year, for the services detailed
in Exhibit A of the Professional Services Agreement and rendered during this extension period.
3. Willis of Seattle shall maintain the business records required in Section VII of the Professional
Services Agreement for a minimum of seven (7) years subsequent to March 1, 2010.
4. All other terms of the Agreement as amended shall remain in full force and effect.
IN WITNESS THEREOF, the parties hereto have executed this Amendment #2 as of the date and
year first written above.
WILLIS F �TTLE, INC. CITY F REM
By: A 4 CARY B MAN, MAYOR
DATE: `�' v L� DATE:
ATTEST:
City Clerk
APP S TO FORM:
RtfG;
ER LUBOVICH, City Attorney
i
i
AMENDMENT NO.3 TO PROFESSIONAL SERVICES AGREEMENT
BETWEEN CITY OF BREMERTON AND WILLIS OF SEATTLE, INC.
THIS AMENDMENT Number 3, entered into as of the 28th day of February 2010, to the certain
Professional Services Agreement commencing March 1, 2003, between the City of Bremerton
and Willis of Seattle, Inc. for broker services is based upon the following recital of facts:
The current professional services contract expires on March 1, 2010 and there is a mutual
desire to amend the Agreement to extend the term during which services are to be
performed by Willis of Seattle, Inc.
NOW THEREFORE, for and in consideration of the mutual agreement contained herein, the
parties do hereby agree:
1. The term of the Professional Services Agreement is extended to March 1, 2012.
2. The City of Bremerton shall pay Willis of Seattle, Inc. $25,000 per year, for the services
detailed in Exhibit A of the Professional Services Agreement and rendered during this
extension period.
3. Willis of Seattle shall maintain the business records required in Section VII of the
Professional Services Agreement for a minimum of seven (7) years subsequent to March
1, 2012.
4. All other terms of the Agreement as amended shall remain in full force and effect.
IN WITNESS THEREOF, the parties hereto have executed this Amendment Number 2 as of
the date and year first written above.
WILLIS OF SEATTLE, INC.
By: Rod Loone
Its: Managing Partner
DATE: FebruM 25, 2010
CITY OF BREMERTON
FATTY L or
DATE: 19-/- Iy
ATTEST:
CAROL ETGEN, City Clerk
S TOFORM:
qRO ERA. LUBOV , City Attorney
R:\Legal\Legal\Contracts\RISK\Willis of Seattle - amend.3.doc
AMENDMENT NO.4 TO PROFESSIONAL SERVICES AGREEMENT
BETWEEN CITY OF BREMERTON AND WILLIS OF SEATTLE, INC.
THIS AMENDMENT Number 4, entered into as of the 0 -111 -day of February 2012, to the certain
Professional Services Agreement commencing March 1, 2003, between the City of Bremerton
and Willis of Seattle, Inc. for broker services is based upon the following recital of facts:
1. The current professional services contract expires on March 1, 2012 and there is a mutual
desire to amend the Agreement to extend the term during which services are to be
performed by Willis of Seattle, Inc.
NOW THEREFORE, for and in consideration of the mutual agreement contained herein, the
parties do hereby agree:
1. The term of the Professional Services Agreement is extended to March 1, 2014.
2. The City of Bremerton shall pay Willis of Seattle, Inc. $25,000 per year, for the services
detailed in Exhibit A of the Professional Services Agreement and rendered during this
extension period.
3. Willis of Seattle shall maintain the business records required in Section VII of the
Professional Services Agreement for a minimum of seven (7) years subsequent to March
1, 2014.
4. All other terms of the Agreement as amended shall remain in full force and effect.
IN WITNESS THEREOF, the parties hereto have executed this Amendment Number 4 as of
the date and year first written above.
WILLIS OF SEATTLE, INC. CITY OF BREMERTON
G
By: Rod I,00ne PATTY L , Mayo
Its: Managing Partner
DATE: February 2, 2012 DATE:
T:
ON CORIN, Interim qty Clerk
APPROVED AS TO FORM:
R ER A. LU OVICH, City Atto
R:\Legal\Legal\Contracts\RISK\Willis of Seattle - amendAdoc
AMENDMENT NO. 5 TO PROFESSIONAL SERVICES AGREEMENT
BETWEEN CITY OF BREMERTON AND WILLIS OF SEATTLE, INC.
THIS AMENDMENT Number 5, entered into as of the f `� day of February 2014, to the certain
Professional Services Agreement commencing March 1, 2003, between the City of Bremerton
and Willis of Seattle, Inc. for broker services is based upon the following recital of facts:
The current professional services contract expires on March 1, 2014 and there is a mutual
desire to amend the Agreement to extend the term during which services are to be
performed by Willis of Seattle, Inc.
NOW THEREFORE, for and in consideration of the mutual agreement contained herein, the
parties do hereby agree:
1. The term of the Professional Services Agreement is extended to March 1, 2016.
2. The City of Bremerton shall pay Willis of Seattle, Inc. $25,000 per year, for the services
detailed in Exhibit A of the Professional Services Agreement and rendered during this
extension period.
Willis of Seattle shall maintain the business records required in Section VII of the
Professional Services Agreement for a minimum of seven (7) years subsequent to March
1, 2016.
4. All other terms of the Agreement as amended shall remain in full force and effect.
IN WITNESS THEREOF, the parties hereto have executed this Amendment Number 5 as of
the date and year first written above.
WILLIS OF SEATTLE, INC.
CITY OF BREMERTON
By: Rodney L one / PATTY/CB T, Mayor
Its: Managing Partner
DATE: Eebruary 6, 2014 DATE:
ATTEST:
�H NNON CORIN,�City Clerk
APPROVED AS TO FORM:
RdbER A. LUBOVRH, City Attorney
R:\Legal\Legal\Contracts\RISK\Willis of Seattle - amend.5.doc
AMENDMENT NO.6 TO PROFESSIONAL SERVICES AGREEMENT
BETWEEN CITY OF BREMERTON AND WILLIS OF SEATTLE, INC,
THIS AMENDMENT Number 6, entered into as of the 5"tt` day of February 2016, to the certain
Professional Services Agreement commencing March 1, 2003, between the City of Bremerton
and Willis of Seattle, Inc. for broker services is based upon the following recital of facts:
1. The current professional services contract expires on March 1, 2016 and there is a mutual
desire to amend the Agreement to extend the term during which services are to be
performed by Willis of Seattle, Inc.
NOW THEREFORE, for and in consideration of the mutual agreement contained herein, the
parties do hereby agree:
1. The term of the Professional Services Agreement is extended to March 1, 2018,
2. The City of Bremerton shall pay Willis of Seattle, Inc. $25,000 per year, for the services
detailed in Exhibit A of the Professional Services Agreement and rendered during this
extension period.
3. Willis of Seattle shall maintain the business records required in Section VII of the
Professional Services Agreement for a minimum of seven (7) years subsequent to March
1, 2018.
4. All other terms of the Agreement as amended shall remain in full force and effect.
IN WITNESS THEREOF, the parties hereto have executed this Amendment Number 6 as of
the date and year first written above.
WILLIS OF SEATTLE, INC. CITY OF BREMERTON
f
Y
: MARK PNKOWSKI PATTY LEST, Mayor
ts: Managing Partner ((�,jj
DATE: Z i's- DATE: "1574�4
ATTEST:
SHANNON CORIN, City Clerk
APPROVED AS TO FORM:
Nl—
ROGER A. LUBOVICH; City Attorney
R:\I_egal\T egal\Contracts\RISK\Willis of Seattle - amend.6.doc
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Purchase of Excess Pollution Study Session Date: February 14, 2018
Liability Insurance from XL Catlin COUNCIL MEETING Date: February 21, 2018
Department: City Attorney's Office —
Risk Management
Presenter: Thelma Swem
Phone: (360) 473-5302
SUMMARY: The Bremerton Municipal Code authorizes the Risk Management Specialist, with the
approval of the City Attorney, to bind insurance and then requires City Council approval for
continuation of the bound coverage. The City needs to increase its pollution liability insurance
coverage limits in order to comply with various leases related to its outfalls within Department of
Natural Resources properties. An excess policy has been bound with XL Catlin to provide the
additional coverage necessary. The new policy term will expire on May 16, 2019 to coincide with the
City's current pollution liability insurance. The premium for the term is $24,459.08.
ATTACHMENTS:
FISCAL IMPACTS (Include Budgeted Amount): Adequate funds are available within the Risk
Management Fund to procure this coverage.
STUDY SESSION AGENDA: 0 Limited Presentation ❑ Full Presentation
STUDY SESSION ACTION: ❑ Consent Agenda ❑ General Business ❑ Public Hearing
RECOMMENDED MOTION:
Move to approve the excess pollution liability insurance as bound for the City of Bremerton with XL
Catlin.
COUNCIL ACTION: ❑ Approve
Form Updated 01/02/2018
❑ Deny ❑ Table ❑ Continue ❑ No Action
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Purchase of a 2018 PJ 1 O
Dump Trailer from Olympic Trailer & Truck
from Olympia, WA for the Parks Department
(Ivy Green Cemetery)
Study Session Date: February 14, 2018
COUNCIL MEETING Date: February 21. 2018
Department:
Presenter:
PWU/ERR
Milenka Hawkins -Bates
Phone: (360) 473-5333
SUMMARY: The approved 2018 budget shows a replacement of a 1991 Trailer for the Ivy Green
Cemetery. The requested purchase is for one 2018 PJ 1 OK Dump Trailer in the amount of $8,642.12
including Washington State sales tax utilizing State Contract No. 00816 from Olympic Trailer & Truck
from Olympia, WA.
ATTACHMENTS: 1) Justification; and 2) Olympic Trailer Quote
FISCAL IMPACTS (Include Budgeted Amount): Budgeted within the 510 fund
STUDY SESSION AGENDA: 0 Limited Presentation ❑ Full Presentation
STUDY SESSION ACTION: ❑ Consent Agenda ❑ General Business ❑ Public Hearing
RECOMMENDED MOTION:
Move to approve the purchase of a 2018 PJ 1 OK Dump Trailer in the amount of $8,615.72 including
Washington State sales tax utilizing State Contract No. 00816 from Olympic Trailer & Truck from
Olympia, WA.
COUNCIL ACTION: ❑ Approve
Form Updated 01/02/2018
❑ Deny ❑ Table ❑ Continue ❑ No Action
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Printed: 111912018 8:23:54 AM
Store:
Sales Receipt #HELD
1 ! 9< 201 E
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REPRINTED
r
Olympic Trailer & Truck Accessories
7830 Martin Way E
Olympia, WA 98516
(360)357-3065
(360)459-1418 Fax
Website www.olympictrailer.com
Bill To: CITY OF BREMERTON
CITY OF BREMERTON
110m ft VIN# _ ITEM COLOR SIZE Qty Price Ext Price
39751 4P5D71225J1283868 2018 PJ D7122 1283868 BLACK 7X12 1 57,810.00 57-810 03
10KISPLIT SPREADER
303 tarp kit 1 $29700 5297.00
303 price above includes shipping 1 $0.00 50.00
direct to end user
stale contract#00816
303 discount fob olympia -1 S850-00 t$850.00)
755 TRIP PERKIIT13 DAY $30.00 530.00
10112 PJ SIDE EXT KIT 83X12 SOLID BLACK 83" X 12' 1 $611.55 5611.55
PJ EXTENSION KIT 83X12
961 11-902 7 WAY ROUND PIN PLUG 7 11-902 SEMI PLUG 530.00 530.00
wealheRteater WITH SPRING NO CABLE
OLYMPIA TAX 8.7 %Tax: + S1357-1 7
RECEIPT TOTAL: 58;615.72
PURCHASE UNDER STATE CONTRACT
# 00816
NO RETURNS AFTER 30 DAYS
ALL RETURNS ARE SUBJECT TO A 20% RESTOCKING FEE
SPECIAL ORDER ITEMS ARE NOT REFUNDABLE
THANK YOU FOR YOUR BUSINESS
HELD
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SCANNER
011 SSEY APPS
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Purchase of a 2018 Ford
Escape from Columbia Ford, Longview, WA
for the Engineering Department
SUMMARY:
Study Session Date:
COUNCIL MEETING Date:
Department:
Presenter:
Phone:
A10
February 14, 2018
February 21, 2018
PWU/ERR
Milenka Hawkins -Bates
(360) 473-5333
The approved 2018 budget shows a replacement of a 2002 Chevrolet Blazer for the Engineering
Department. The requested purchase is for one 2018 Ford Escape in the amount of $25,589.32
including Washington State sales tax utilizing State Contract No. 05916 from Columbia Ford,
Longview, WA.
ATTACHMENTS: 1) Justification; and 2) Columbia Ford Quote
FISCAL IMPACTS (Include Budgeted Amount): Budgeted within the 510 fund
STUDY SESSION AGENDA: 0 Limited Presentation ❑ Full Presentation
STUDY SESSION ACTION: ❑ Consent Agenda ❑ General Business ❑ Public Hearing
RECOMMENDED MOTION:
Move to approve the purchase of a 2018 Ford Escape in the amount of $25,589.32 including
Washington State sales tax utilizing State Contract No. 05916 from Columbia Ford, Longview, WA.
COUNCIL ACTION: ❑ Approve
Form Updated 01/02/2018
❑ Deny ❑ Table ❑ Continue ❑ No Action
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Charles Ernst
From: NOREPLY@des.wa.gov
Sent: Wednesday, January 17, 2018 3:02 PM
To: Charles Ernst
Cc: Philip.Saunders@des.wa.gov
Subject: Vehicle Quote - 2018-1-549 - BREMERTON, CITY OF - 21801
Vehicle Quote Number: 2018-1-549 Create Purchase Request View orgaiiimtion purchase requests
This is a quote only. You must create a purchase request to order this vehicle(s)
Contract & Dealer Information
Contract #: 05916
Dealer: Columbia Ford (W403)
700 7th Avenue
Longview WA 98632
Organization Information
Organization: BREMERTON, CITY OF - 21801
Email: charles.ernst@ci.bremerton.wa.us
Quote Notes: engineering escape
Vehicle Location: COLFAX
Color Options
Oxford White (YZ)(S/SE/SEL) - 1
Dealer Contact: Marie Tellinghiusen
Dealer Phone: (360) 423-4321 Ext: 187
Dealer Email: orders@colford.com
Tax Exempt: N
Vehicle Options
Order Code Option Description Qty Unit Price Ext. Price
2018-0311-001 2018 Ford Escape Front -Wheel Drive, S Trim Level, 5 -Passenger, 2.5L 4 -Cylinder Engine, 6 -Speed 1 $19,699.00 $19,699.00
Automatic Transmission (U0F/100A/997/T77)
2018-0311-009 S OPTION - Reverse Sensing System (60S)
1 $244.00 $244.00
2018-0311-021 SE Trim Upgrade - Four Wheel Drive (Intelligent 4WD System) (Includes 1.5 Liter 4 Cylinder EcoBoost 1 $2,695.00 $2,695.00
with Auto Start -Stop Technology) (Includes Fog Lamps, Privacy Glass, Heated Front Row Seats, 10 -way
Power Drivers Seat with Power Lumbar and Power Recline, Rear Center Armrest, Satellite Radio, Dual -
Zone Electronic Automatic Temperature Control with Rear Air Duct, 17in Sparkle Silver -Painted Aluminum
i Wheels, Keyless Entry Keypad) (U9G/200A/99D/TTK) (SE 4WD is less expensive than the SE FWD due to
Ford price concessions)
2018-0311-026 SE OPTION - Reverse Sensing System (60S)
2018-0311-209 Mud Flaps, Front & Rear (DLR)
i-_
2018-0311-210 Undercoating (wheel wells) (DLR)
2018-0311-211 Floor Mats, HD Rubber Molded, Front (Weather Tech) (DLR)
1 $244.00 $244.00
1 $75.00 $75.00
1 $125.00 $125.00
1 $120.00 $120.00
2018-0311-212 Floor Mats, HD Rubber Molded, Rear (Weather Tech) (DLR) 1 $90.00 $90.00
1
2018-0311-213 Floor Mats, HD Rubber Molded, Cargo Area (Weather Tech) (DLR)
Quote Totals
is 3 j.C)
+-30) g8q - 3Z
2
1 $120.00 $120.001
Total Vehicles: 1
Sub Total: $23,412.00
8.4 % Sales Tax: $1, 96
Quote Total: ' 1111 78.61
Q .3610 -V-14-x
Vehicle Standard Specifications And Additional Information
Vehicle: 2018 Ford Escape 2WD S
Contract #: 05916 - Motor Vehicles
Dealer: Columbia Ford
Vehicle Standard Specifications And Additional Information
Page 1 of 2
Specification Description
Specification
2018 Ford Escape 2WD (Front Wheel Drive), S Trim
Level
UOF/1 OOA
2.51, i -VCT 4 -cylinder engine
997
6 -Speed Automatic Transmission with SelectShift
STANDARD
Electric Power -Assisted Steering (EPAS)
STANDARD
4 -wheel Anti -Lock Disc Brake System (ABS)
STANDARD
Transmission Oil Cooler
STANDARD
Airbags: Dual Stage Front, Driver Knee, Front -Seat
Mounted Side -Impact, Safety Canopy
STANDARD
Electronic Traction Control
STANDARD
AdvanceTrac with Rollover Stability Control (RSC)
STANDARD
Front/Rear Stabilizer Bar
STANDARD
Skid Plates
STANDARD
Auto Halogen Headlamps, LED Taillamps
STANDARD
Air -Conditioning
STANDARD
Full Carpeting, Front and Rear Carpeted Floor Mats
STANDARD
Front Row Map Lights, 2nd Row Dome Lamp, Rear
Cargo Area Light
STANDARD
Head Restraints and Three -Point Safety Belts, all (5)
Seating Positions
STANDARD
Cruise Control, Manual Tilt and Telescoping
STANDARD
Power Windows, Door Locks and Mirrors
STANDARD
235/55 R17 Tires, 17" Steel Wheel and Cover
STANDARD
Mini Spare Tire, Wheel Nut Wrench and Jack
STANDARD
Tire Pressure Monitoring System (TPMS)
Five -Passenger, Cloth Buckets, 6 -Way Manual Driver
Seat, 4 -Way Manual Passenger Seat, 2nd Row 60/40
Fold -Flat and Reclining Split Bench
STANDARD
STANDARD
AM/FM/Single CD/MP3
STANDARD
Outside Temperature Display and Compass
STANDARD
Powerpoints (4): Front Center Console, Inside Console,
Rear of Console and Cargo Area
STANDARD
Rearview Camera
STANDARD
Remote Keyless Entry (4 FOBS with Integrated Keys)
STD/DLR
https:Hfortress.wa.gov/ga/apps/CARSNehicleSpecifications.aspx?id=998 1/17/2018
Vehicle Standard Specifications And Additional Information
Page 2 of 2
SYNC Voice -Activated Communications System,
STANDARD
includes 4.2in LCD Screen in Center Stack, 911 Assist,
AppLink and (1) Smart Charging USB Port
Front Windshield Wipers, variable intermittent
STANDARD
Rear Liftgate Wiper, intermittent wash/wipe
STANDARD
Rear Defroster
STANDARD
Daytime Running Lamps, Configurable (on/off)
STANDARD
Fuel Capacity, 16.2 Gallons
STANDARD
3-year/36,000 Mile Bumper -to -Bumper, 5-year/60,000
STANDARD
Mile Powertrain Warranty
60-120 Days Order to Delivery
STANDARD
Exterior Paint (M=metallic): Oxford White (not available
with Titanium Trim Level), Ingot Silver M, Magnetic M,
STANDARD
Shadow Black, Blue M, Cinnamon Glaze M, White Gold
M, Lightning Blue M and Blue M
Exterior Paint (Extra Cost): Ruby Red Metallic and White
Optional
Platinum Metallic (SE, SEL, Titanium Only)
https:Hfortress.wa. gov/ga/apps/CARSNehicleSpecifications.aspx?id=998 1/17/2018
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Purchase of a 2018 Ford F-150
Extended Cab 2WD Pick -Up Truck from
Columbia Ford, Longview, WA for the
Engineering Department
SUMMARY:
Study Session Date:
COUNCIL MEETING Date:
Department:
Presenter:
Phone:
A1 1
February 14, 2018
February 21, 2018
PWU/ERR
Milenka Hawkins -Bates
(360) 473-5333
The approved 2018 budget shows a replacement of a 2003 Chevrolet Express Van for the
Engineering Department. The requested purchase is for one 2018 Ford F-150 in the amount of
$27,338.12 including Washington State sales tax utilizing State Contract No. 05916 from Columbia
Ford, Longview, WA.
ATTACHMENTS: 1) Justification; and 2) Columbia Ford Quote
FISCAL IMPACTS (Include Budgeted Amount): Budgeted within the 510 fund
STUDY SESSION AGENDA: 0 Limited Presentation ❑ Full Presentation
STUDY SESSION ACTION: ❑ Consent Agenda ❑ General Business ❑ Public Hearing
RECOMMENDED MOTION:
Move to approve the purchase of a 2018 Ford F-150 in the amount of $27,338.12 including
Washington State sales tax utilizing State Contract No. 05916 from Columbia Ford, Longview, WA.
COUNCIL ACTION: ❑ Approve
Form Updated 01/02/2018
❑ Deny ❑ Table ❑ Continue ❑ No Action
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Charles Ernst
From: NOREPLY@des.wa.gov
Sent: Tuesday, January 23, 2018 9:34 AM
To: Charles Ernst
Cc: Philip.Saunders@des.wa.gov
Subject: Vehicle Quote - 2018-1-713 - BREMERTON, CITY OF - 21801
Vehicle Quote Number: 2018-1-713 Create Putchase Refluest View organization pX1rcl1,_61S0 requests
This is a quote only. You must create a purchase request to order this vehicle(s)
Contract & Dealer Information
Contract #: 05916
Dealer: Columbia Ford (W403)
700 7th Avenue
Longview WA 98632
Organization Information
Organization: BREMERTON, CITY OF - 21801
Email: charles.ernst@ci.bremerton.wa.us
Quote Notes: engineering 1709 replacement
Vehicle Location:
Color Options
Oxford White (YZ) - 1
Tax Exempt: N
Vehicle Options
Dealer Contact: Marie Tellinghiusen
Dealer Phone: (360) 423-4321 Ext: 187
Dealer Email: orders@colford.com
Order Code Option Description
2018-0831-001 2018 Ford F150 Extended Cab, 2WD, 145in Wheelbase, 6.5 ft Box, 3.31L V6 PFDI (290HP) (19/25/22
MPG) (FFV Capability) with Auto Start -Stop Technology, Electronic Six -Speed Automatic Transmission
with Selectable Drive Modes, XL Trim Level, 6300# GVWR, 1840# Payload, 3.55 RAR
(XiC/100A/99B/446/145WB)
Qty Unit Price Ext. Price f
1 $21,698.00 $21,698.00
2018-0831-011 XL - Base Power Equipment Group (Includes manual -folding power glass sideview mirrors, illuminated 1 $1,395.00 $1,395.00
entry, perimeter alarm, power locks with flip key/integrated keyless entry fob, power tailgate lock and
power windows) (included with XL Mid Level Trim #101A) (Includes (4) RKE Fobs w/ Integrated Flip
Keys) (Ext Cab/85A)
2018-0831-013 Reverse Sensing System (Must also order Class IV Trailer Hitch #53B, Trailer Tow Package #53A or Max 1 $266.00 $266.00
Trailer Tow Package #53C) (76R)
2018-0831-020 Cruise Control (included with XL Mid Level Trim #101A) (50S) 1 $218.00 $218.00
2018-0831-021 SYNC voice recognition communications system with 911 Assist, 4.2in LCD display in center stack, 1 $407.00 $407.00
AppLink, and one (1) smart charging USB port (Must also order Cruise Control #505) (included with XL
Mid Level Trim Upgrade #101A and XLT Trim Upgrades) (52P)
2018-0831-038 Class IV Trailer Hitch (includes smart trailer tow connector, 4-pin/7-pin wiring, Class IV trailer hitch 1 $93.00 $93.00
receiver) (53B)
2018-0881-204 Floor Mats, HD Rubber Molded, Front (Weather Tech)(DLR)
1 $120.00
$120.00
2018-0831-205 Floor Mats, HD Rubber Molded, Rear (Weather Tech) (DLR)
1 $100.00
$100.00
i
2018-0831-206 Mud flaps, front (DLR)
1 $75.00
$75.00
2018-0831-207 Mud Flaps, Rear (DLR)
1 $75.00
$75.00
2018-0831-210 Undercoating (Wheel Wells Only) (DLR) 1 $125.00 $125.00
2018-0831-215 SPRAY -IN Bedliner (Line -X) (DLR)
Quote Totals
2
1 $440.00 $440.00
Total Vehicles: 1
Sub Total: $25,012.00
8.4 % Sales Tax: $2,10
Quote Total: $ , 13.01
gas, 01;)
a, 3 a� • �a q . 3%a
2'1,338, 1�
Vehicle Standard Specifications And Additional Information
Vehicle: 2018 Ford F150 Extended Cab, 2WD
Contract #: 05916 - Motor Vehicles
Dealer: Columbia Ford
Vehicle Standard Specifications And Additional Information
Page 1 of 2
Specification Description
Specification
2018 Ford F150 Pickup, Extended Cab 2WD, 145in
X1C/100A/145WB
Wheelbase, 6.5ft Bed, XL Trim Level
NEW - 3.31, V6 PFDI with Auto Start -Stop
99B
Technology (FFV Capability)
Electronic six -speed automatic transmission with
446
tow/haul
2018MY - TBD (August) 6300# GVWR, 1840#
STANDARD
Payload
NEW - Rearview Camera with Dynamic Hitch
STANDARD
Assist
4 -wheel disc brakes with Anti -Locking Braking
STANDARD
System (ABS)
HD gas shock absorbers, outboard mounted
STANDARD
(front/rear)
Front coil springs, rear leaf springs
STANDARD
Front stabilizer bar
STANDARD
Power steering
STANDARD
Bumpers and front grille, black
STANDARD
Center high -mounted stop lamp (CHMSL)(includes
integrated cargo lamp)
STANDARD
Daytime running lights (DRL)(On/Off Cluster
STANDARD
Controllable)
Fuel Tank - Standard 23 Gallon
STANDARD
Fully boxed steel frame
STANDARD
Pickup box tie -downs (4)
STANDARD
Sideview Mirrors, manual -folding, manual glass
STANDARD
with black skull caps
Tires, 245/70R x17 BSW All -Season, 17in Silver
Steel Wheels
STANDARD
Full-size spare tire
STANDARD
Spare tire carrier, rear under frame
STANDARD
Tailgate, removable with key lock
STANDARD
Trailer Sway Control, 4 -pin wiring with ball
mounting provisions in rear bumper
STANDARD
Windshield wipers with intermittent speed
STANDARD
https:Hfortress.wa.gov/ga/apps/CARSNehicleSpecifications.aspx?id=923 1/23/2018
Vehicle Standard Specifications And Additional Information
Page 2 of 2
Air-conditioning, manual, single -zone
STANDARD
Flooring, black vinyl
STANDARD
Dome light
STANDARD
Manual door locks, windows and mirrors
STANDARD
Gauges: fuel, oil pressure, transmission temp and
STANDARD
engine coolant temp
Outside temperature display
STANDARD
Powerpoint, 12V, front
STANDARD
2nd Row and Rear window with fixed glass and
STANDARD
solar tint
Rearview mirror, day/night
STANDARD
Seats: Vinyl Front 2 -way manual 40/20/40, Rear
STD/TTA
60/40 flip -up split seat
Manual tilt/telescoping steering wheel
STANDARD
AdvanceTrac with Roll Stability Control (RSC)
STANDARD
Airbags: driver and passenger front airbags and
seat -mounted side airbags, 1 st and 2nd row Safety
STANDARD
Canopy side -curtain airbags
Auto On/Off Headlamps: halogen, rainlamp wiper
STANDARD
activated
Seat belts: Active Restraint System (ARS), three-
point manual lap/shoulder belts with height
STANDARD
adjusters, pretensioners and energy management
retractors on outside front positions
SecuriLock Passive Anti -Theft System (PATS)
STANDARD
SOS Post -Crash Alert System
STANDARD
Tire Pressure Monitoring System (TPMS)
STANDARD
AM/FM Stereo, (6) speakers with Extended Cab
STANDARD
Keys: (4) PATS Keys (does NOT include Remote
STD/DLR
Keyless Entry)
Warranty: 3/36 Bumper -to -Bumper, 5/60
STANDARD
Powertrain
90-120 Days Order -to -delivery timing
STANDARD
Exterior Paint (RPO No-Charge)(M=Metallic):
Oxford White, Ingot Silver M, Lightning Blue M,
Blue Jeans M, Race Red, Magnetic M, Stone Gray
STANDARD
M, Shadow Black, XLT-Guard M, XLT-Magma
Red M, XLT-White Gold M
Extra -Cost VSO Paint: Vermillion Red, School Bus
Optional
Yellow, Green Gem
https:Hfortress.wa.gov/ga/apps/CARSNehicleSpecifications.aspx?id=923 1/23/2018
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Purchase of a 2018 Chevrolet
Silverado'/2-Ton Pick-up Truck from Bud
Clary Chevrolet of Longview, WA for the
Water Resources Division
SUMMARY:
Study Session Date:
COUNCIL MEETING Date:
Department:
Presenter:
Phone:
Al2
February 14, 2018
February 21, 2018
PWU/ERR
Milenka Hawkins -Bates
(360) 473-5333
The approved 2018 budget shows a new vehicle purchase for Water Resources. The requested
purchase is for one 2018 Chevrolet Silverado in the amount of $32,168.97 including Washington
State sales tax utilizing State Contract No. 05916 from Bud Clary Chevrolet, Longview, WA.
ATTACHMENTS: 1) Justification; and 2) Bud Clary Quote
FISCAL IMPACTS (Include Budgeted Amount): Budgeted within the 401 fund
STUDY SESSION AGENDA: 0 Limited Presentation ❑ Full Presentation
STUDY SESSION ACTION: ❑ Consent Agenda ❑ General Business ❑ Public Hearing
RECOMMENDED MOTION:
Move to approve the purchase of a 2018 Chevrolet Silverado in the amount of $32,168.97 including
Washington State sales tax utilizing State Contract No. 05916 from Bud Clary Chevrolet, Longview,
WA.
COUNCIL ACTION: ❑ Approve
Form Updated 01/02/2018
❑ Deny ❑ Table ❑ Continue ❑ No Action
NEW PROGRAM
REQUEST
Fund: 401 Water Utility
Department: Water Resources
Program Name: New Vehicle for New Water Operator Position
I. Explanation for adding a new program. Include reasoning and benefit along with impact on both
Revenue and Expenditure Budgets.
In the 2017 budget an additional Water Operator position was approved. This position is in the process
of being filled. There are currently six water operator employees that share five ERR vehicles. With the
addition of the new operator, we will need an additional vehicle to ensure proper coverage of work
assignments in the field. Requested vehicle type is a full size pickup truck with extended cab.
II. How long will the program last? Indicate if the program is one-time or ongoing.
This vehicle is expected to last approximately 12 years.
III. REVENUE - Does the new program include a new revenue source? If yes, indicate the type of revenue
and amount. N/A
Revenue Type BARS No. Amount
Taxes
Licenses & Permits
Intergovernmental
Fines & Forfeitures
Miscellaneous
Other & Transfer
Total
IV. If the revenue identified above is a grant, describe the grant source and match amount required.
N/A
V. EXPENDITURE — Does the new program include expenditures? If yes, indicate the type of
expenditure and amount.
Expenditure Type BARS No. Amount
Personnel
Supplies & Services
Capital 54529 534.5234 $35,000
Transfers
Total
VI. Does the new program include additional staffing? If yes, attach Staff Adjustment Form.
a. Yes ( )
b. No (✓)
Charles Ernst
From: NOREPLY@des.wa.gov
Sent: Wednesday, January 17, 2018 11:37 AM
To: Charles Ernst
Cc: Philip.Saunders@des.wa.gov
Subject: Vehicle Quote - 2018-1-523 - BREMERTON, CITY OF - 21801
Vehicle Quote Number: 2018-1-523 Create Purcho5e Request Vi(2W O1elc1i-liZQ1t 0n I)ufcha e rCc1ueStS
This is a quote only. You must create a purchase request to order this vehicle(s)
Contract & Dealer Information
Contract #: 05916
Dealer: Bud Clary Chevrolet (W262)
Organization Information
Organization: BREMERTON, CITY OF - 21801
Email: charles.ernst@ci.bremerton.wa.us
Quote Notes: water resources
Vehicle Location: TACOMA
Color Options
SUMMIT WHITE - 1
Tax Exempt: N
Vehicle Options
Order Code Option Description
2018-0810-001 2018 Chevrolet Silverado 1/2 Ton Pickup (4WD), Regular Cab
2018-0810-004 Alternative Gas Engines: 5.31- V8, Gas FFV 3.08 Rear Axle (1-83)
2018-0810-008 black running boards tubular : Regular Cab (VXJ)
2018-0810-012 Mirrors, Alternative Power Camper Style, Heated (DPN)
Dealer Contact: Becky Davis
Dealer Phone: (360) 423-1700
2018-0810-013 Mud Flaps, Front & Rear (DLR)
2018-0810-023 Tow Hooks, Front (V76)
2018-0810-025 Undercoating (DLR)
2018-0810-030 TOW PACKAGE INCLUDES TRAILER HITCH 7 PIN AND 4 PIN CONNECTORS(Z82)
2018-0810-031 UPFITTER SWITCHES FACE PLATE ONLY(91-7)
Quote Totals
1
Qty Unit Price Ext. Price
1 $26,391.81 $26,391.81
1 $1,195.00
$1,195.00
1 $600.00
1 $350.00
$600.00
$350.00
I
1 $135.00 $135.00
1 $50.00
$50.00
1 $190.00
$190.00
1 $395.00
$395.00
1 $125.00
$125.00
Total Vehicles: 1
Sub Total: $29,431.81
8.4 % Sales Tax: $2,472.27
Quote Total: $31,904.08
Vehicle Standard Specifications And Additional Information
Vehicle: 2018 Chevrolet Silverado 1/2 Ton Pickup (4WD), Regular Cab
Contract #: 05916 - Motor Vehicles
Dealer: Bud Clary Chevrolet
Vehicle Standard Specifications And Additional Information
Page 1 of 2
Specification Description
Specification
GVWR (6000# Minimum)
6900#
Engine (Minimum 3.61, V6)
4.31, V6
Box Length
8ft
Air Bags, Driver and Front Passenger
FCY/STD
Air Conditioning
FCY/STD
Alternator (Minimum 100AMP)
155 AMP
Battery (Minimum 600 CCA)
750 CCA
Brakes, HD Power 4 Wheel, Anti -Locking
System
FCY/STD
Bumper, HD Rear Step
FCY/STD
Cigarette Lighter or Auxiliary Power Source
FCY/STD
Cruise Control/Tilt Steering Wheel
FCY/STD
Dome Light
FCY/STD
Door Trim Panels
FCY/STD
Floor Covering, Vinyl
FCY/STD
Fuel Capacity
33 Gallon
Gauges In Lieu of Warning Lights (FCY)
Speedometer,
Tachometer, Volt, Fuel,
Coolant temp
Glass, Tinted All Around
FCY/STD
Headliner, Non Metallic
FCY/STD
Keys, Four (4) Set of Exterior Keyed Door
Locks, Driver & Front Passenger Doors, or
Remote Keyless E
DLR
Mirrors, Heated Manufacturer's Standard
Exterior Mirrors, L & R
FCY/STD
Power Group (Windows, Door Locks,
Mirrors)
FCY/STD
Radio, AM/FM (Factory Installed)bluetooth
hands free calling
FCY/STD
Rear Axle Ratio
3.42
Seating, Head Restraint Type, Vinyl or Cloth
Front Bench Folding
Vinyl
Spare Tire Carrier, Jack, Lug Wrench Full
size conventional spare
FCY/STD
https://fortress.wa.gov/ga/apps/CARSNehicleSpecifications.aspx?id=1085 1/17/2018
Vehicle Standard Specifications And Additional Information
Page 2 of 2
Steering, Power
FCY/STD
Tires, Radial, All Season, Matching Full
Size Spare Tire and Wheel
P265/70R17
Transmission, Automatic
FCY/STD
Wipers, Intermittent
FCY/STD
Factory Warranty
3 Yr/36,000 (BTB),
BTB = Bumper to Bumper
5 Yr/60,000 (DT)
DT = Drivetrain
Equipment above, if any, that will not be
OEM factory installed
None
Ground Clearance
8.7"
Tire chain compatible as equipped above
Yes/Chains
Mercury Content, If Any, In Vehicle
None
Vehicle Emission Level Certification (CA)
50 STATE
EPA Estimated MPG as equipped above
City 17 Hwy 22
NHTSA Crash Test Ratings (1 to 5 stars)
Frontal, Driver - NR
NHTSA Crash Test Ratings (1 to 5 stars)
Passenger - NR
NHTSA Crash Test Ratings (1 to 5 stars)
Side/Front - NR
NHTSA Crash Test Ratings (1 to 5 stars)
Side/Rear - NR
NHTSA Crash Test Ratings (1 to 5 stars)
Rollover - NR
Days to Deliver after receipt of order
90 to 120
Starting Date of Model Year Production
In Production
https:Hfortress.wa.gov/ga/apps/CARS/VehicleSpecifications.aspx?id=1085 1/17/2018
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Purchase of a Ford F-450 Pre -
Built Service Truck from Cobalt Truck
Equipment of Spokane, WA for the Water
Resources Division
Study Session Date:
COUNCIL MEETING Date:
Department:
Presenter:
Phone:
A13
February 14, 2018
February 21, 2018
PW&U / ERR
Milenka Hawkins -Bates
(360) 473-5333
SUMMARY: The approved 2018 budget includes replacement of a 2004 Chevrolet Silverado for
Water Resources. Over the past few years we have been purchasing pre -built service trucks built to
our specifications from Cobalt Truck Equipment of Spokane WA. The total cost for the truck per
quotes is $93,451.49 including Washington State sales tax.
ATTACHMENTS: 1) Justification; 2) Sole Source Memo; and 3) Quote
FISCAL IMPACTS (Include Budgeted Amount): Budgeted within the 510 fund
STUDY SESSION AGENDA: 0 Limited Presentation ❑ Full Presentation
STUDY SESSION ACTION: ❑ Consent Agenda ❑ General Business ❑ Public Hearing
RECOMMENDED MOTION:
Move to approve the purchase of the Ford F-450 Pre -Built Service Truck in the amount of $93,451.49
including Washington State sales tax from Cobalt Truck Equipment of Spokane WA.
COUNCIL ACTION: ❑ Approve
Form Updated 01/02/2018
❑ Deny ❑ Table ❑ Continue ❑ No Action
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DATE:
TO:
FROM:
SUBJECT:
Public Works and Utilities Department
100 Oyster Bay Ave. N. • Bremerton, WA 98312 • (360) 473-5920 • FAX (360) 473-5330
MEMORANDUM
January 16, 2018
City Council
Chal Martin, Public Works & Utilities Director
The City of Bremerton ER&R proposes to purchase a pre -built service truck for the
Water Resource Department. This is a replacement truck.
Pursuant to BMC 2.76.090 (sole sourcing), the request for bids requirement "may be
waived by written determination by the Director that either the materials, supplies,
equipment or services are clearly limited to a single source of supply, or that materials,
supplies, equipment or services are subject to special market conditions, involve special
facilities or services, or that a bid would not be practical or in the City's best interests
under the circumstances, in which instances the purchase price may be best
established by direct negotiation."
The direct purchase from Cobalt Truck Equipment without going out to bid is based on
the ability to purchase within the State, as they are the only vendor within the State to
provide this service. Additionally, purchasing the trucks outfitted with service boxes and
lifts will reduce the amount of staff labor required to purchase and install these items
separately. This also allows us the ability to get the vehicle into the workforce much
sooner at relatively the same cost.
When the above issues are considered, and after taking into account the cost of
purchasing the vehicle, service boxes and supplemental equipment separately, it is my
determination that the sole source negotiated -price procurement of the service trucks
from Cobalt Truck Equipment is in the best interest of the City.
Working for and with our citizens to establish Bremerton as Puget Sound's most beautiful and livahle waterfront city!
www.cobalttruck.com
-:1
COBALT
I I 'C` EQUlPME...,T
Quote Number: MM00253-1
Pace 4 of 5
QUANTITY
IDESCRIPTION
PRICE EACH AMOUNT
1
2018 Ford F450
$44,990.00
$44,990.00
- Regular cab
- 4x4
- Cab to axle 60"
- 6.7L Diesel engine
- 6- speed auto transmission
- 16,000 GVW
- Oxford White monotone paint
- Cloth 40/20/40 split bench seat
- XL decor package
- XL decor group
Power Equipment group
-Deletes passenger side lock cylinder. Includes upgraded door -trim panel.
Includes:
- Accessory Delay
- Power Locks
- Remote Keyless Entry
- Perimeter Anti -Theft Alarm
- Power Front Side Windows
Includes 1 -touch up and down power driver and passenger window.
- MyKey
Includes owner controls feature.
- Manual Telescoping 2 -Way Fold Trailer Tow Mirrors
Includes power/heated glass, heated convex spotter mirror and integrated
clearance lamps/turn signals.
- SecuriLock Passive Anti -Theft System (PATS)
- Cruise control
- Engine Block heater
- 6 -ton jack
- 6" angular black molded running boards
- Rear view camera and prep kit
- Daytime running lights
- Sync with steering wheel controls
- 225/70Rx19.5G BSW Max traction tires
customer must till out the intormation below before the order can be processed.
Accepted by:
Date:
P.O. number.
♦ Quoted price does not include any applicable F.E.T., sales tax, and/or delivery charges.
♦ Quoted price does not include any unforeseen obstructions or modifications.
♦ Quotation valid until above stated expiration date.
♦ Terms are due upon receipt unless prior credit arrangements are made at the time of order
♦ 20% down payment required with order.
345 W. Karcher Road 1607 Industrial Road 11218 IH -10 East
Nampa, ID 83687 Las Vegas, NV 89102 Converse, TX 78109
Phone: 800-733-0342 Phone: 888-258-9812 Phone: 855-587-7788
Fax: 208-887-7794 Fax: 702-385-9936 Fax: 210-301-2037
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4620 E. Trent Avenue
Spokane, WA 99212
Phone: 800-572-4369
Fax: 509-535-4294
www.cobalttruck.com
WM 401 TAW1_
TRUCK EQUIPMENT
♦ Quote pending final weight distribution analysis based on chassis, equipment and options.
OVOTA TIOA
Quote Number: MM00253-1
Page 5 of 5
"All quotations are contingent upon compliance with all of the export laws and regulations of the United States. If any such law or regulation cannot be complied with, or
if this equipment is prohibited from being exported at any time by the United States Government, this quotation and/or subsequent order(s) received or accepted will
become null and void."
345 W. Karcher Road 1607 Industrial Road 11218 IH -10 East 4620 E. Trent Avenue
Nampa, ID 83687 Las Vegas, NV 89102 Converse, TX 78109 Spokane, WA 99212
Phone: 800-733-0342 Phone: 888-258-9812 Phone: 855-587-7788 Phone: 800-572-4369
Fax: 208-887-7794 Fax: 702-385-9936 Fax: 210-301-2037 Fax: 509-535-4294
www.cobalitruck.com
CUSTOMER: CITY OF BREMERTON
CONTACT:
ADDRESS: 100 OYSTER BAY AVE N
BREMERTON WA 98312
. 1
TRUE' E )UIPI' ENT
Quote Number: MM00263-1
Page 1 of 5
Quote Number: MM00253-1
Quote Rev: 1
Quote Date: 1/9/2018
Quote valid until: 2/8/2018
PHONE: (360) 473-5621 Salesperson: mmelton
FAX/Email: (360) 473-5881 Quote Prepared By: dzentner
Make: FORD Model: F-450 Year: 2018 GVWR: 16000 Sin ►e/Dual: DRW
CA/ CT. 84.0 / L Fuel Type: DIESEL 4X2/4X4: 4X4 Trans: AUTOMATIC Cab Type: REGULAR
QUANTITY
DESCRIPTION
PRICE EACH
AMOUNT
1
IMT DSC20 9' right raised front body installed as follows:
- 108" long x 94" wide x 44" tall
- 50" wide cargo area
- 22" deep compartments
- 60" right first vertical raised compartment
- (6) recessed cargo tie -downs
- Galvannealed steel construction
- Inverted "A" frame understructure
- Powder coat finish 3 -point, locking rotary T -handle door latches
- Stainless steel door hinges
- Spring loaded door stops on all vertical doors
- (2) rear grab handles
- Back-up alarm
- Fully undercoated
- LED lights
- Mudflaps
- (1) fuel spout
- Painted urethane, white
Drawer packs installed as follows:
(LV 1) Street side 1 st compartment
-Drawers painted white 26 wide 2-5", 1-7, 5-3", 41 high
(LH) Street side horizontal 3rd compartment
- Drawers painted white 39 wide 3-3", 1-5", 21" high
(LR) Street side 4th compartment
- Drawers painted white 13" wide 2-5", 1-7, 5-3". 41 " high
(RV 1) Curbside 1 st compartment
- E -track installed - sides and rear wall high.
- Forward side of compartment divider
- no shelving forward of the Compartment divder
- (4) four 11.5" adjustable shelves rear of Compartment divider
(RH) Curbside horizontal compartment
- (1) one adjustable shelf
(RR) Right rear compartment
- (2) two adjustable shelves
345 W. Karcher Road 1607 Industrial Road 11218 IH -10 East 4620 E. Trent Avenue
Nampa, ID 83687 Las Vegas, NV 89102 Converse, TX 78109 Spokane, WA 99212
Phone: 800-733-0342 Phone: 888-258-9812 Phone: 855-587-7788 Phone: 800-572-4369
Fax: 208-887-7794 Fax: 702-385-9936 Fax: 210-301-2037 Fax: 509-535-4294
www.cobalttruck.com
Ij
TRUCK EOUIPMENT
Quote Number: MM00253-1
Paae 2 of 5
QUANTITY
DESCRIPTION
PRICE EACH
AMOUNT
1
Tommy Gate model G2-54-1642 TP42 dual drive series service body series
installed as follows:
- 1600 lbs max capacity
- 42" travel
- 49"W x 42"D platform loadable area with 7" platform taper
- 2 piece folding steel treadplate platform
- Dual hydraulic cylinders
- 477 lbs gate weight
- Black
1
Touch-up IMT interior coating, per compartment
1
Install IMT drop down pull out hoop step
- Install bumper street side rear
- Powder coated black
1
2011- current Ford Super Duty diesel exhaust extension to bring exhaust out
beyond the body
1
87 decibel back up alarm, installed
1
Fabricate bumpers on each side of the liftgate as follows:
- Streetside bumper fabricate using grip strut.
- Streetside bumper will have slide out drop down step installed below step
- Curbside bumper fabricated to hold vise plate and vise
- Painted black
1
Wilton 5-1/2" Tradesman vise installed
- Installed or rear bumper curbside
1
Speed Liner 1000 white, front of body
3
Torch tip/spray can tray installed on RV 1 door of a DSC20
1
(2) 12v LED flood lights Engo installed on rear of the body on mounting bracket
- 40W LED Flood lights
- Wired to factory upfltter switch
1
LED compartment light strips in all compartments for a 8 compartment service
body
- High intensity LED light strips mounted on each side of the compartment
- Wired to existing chassis upfitter switch
1
(2) Flood lights mounted on the front of the body
1
Samlex 3000w inverter installed as follows:
345 W. Karcher Road 1607 Industrial Road 11218 IH -10 East 4620 E. Trent Avenue
Nampa, ID 83687 Las Vegas, NV 89102 Converse, TX 78109 Spokane, WA 99212
Phone: 800-733-0342 Phone: 888-258-9812 Phone: 855-587-7788 Phone: 800-572-4369
Fax: 208-887-7794 Fax: 702-385-9936 Fax: 210-301-2037 Fax: 509-535-4294
' I
l
www.cobalitruck.com
TRUCK EQUIPMENT Quote Number: MM00253-1
Page 3 of 5
QUANTITY
DESCRIPTION
PRICE EACH
AMOUNT
- 3000 watt output power
- Pure sine wave output
- Temperature controlled cooling fan
- Remote on/ off switch for the inverter installed in the chassis
- Installed in RVI top shelf left side
Electrical power strip installed:
- (6) 110v plugs
- Built in surge protection
- Installed next to inverter against the compartment wall
1
110v GFi electric outlet on rear of body wired to inverter with weatherproof cover
- Install curbside rear
Class V receiver hitch installed as follows:
- 16,000 lb. maximum trailer weight, 1,600 Ib. maximum vertical load
- 2" receiver tube with pin and clip
- Includes pin with cotter
- Powder coated black
7
Fabricate and install storage bin top of compartment streetside as follows:
Fabricate storage bin 12" high using expanded metal
Install on UHMV on Streetside
Powdercoat white to match body
A basket shall be installed the full length of the top of the left compartments for
storage of shovels, etc.
Triangle Flare Kit supplied
Fire Extinguisher 101b Abe supplied
1
Delivery Transpnrt On Flatdeck By Cobalt
Quote Total:1 $40,509.99
The following options may be added:
QUANTITY IDESCRIPTION I PRICE EACHI AMOUNT
345 W. Karcher Road 1607 Industrial Road 11218 IH -10 East 4620 E. Trent Avenue
Nampa, ID 83687 Las Vegas, NV 89102 Converse, TX 78109 Spokane, WA 99212
Phone: 800-733-0342 Phone: 888-258-9812 Phone: 855-587-7788 Phone: 800-572-4369
Fax: 208-887-7794 Fax: 702-385-9936 Fax: 210-301-2037 Fax: 509-535-4294
AGENDA BILL
CITY OF BREMERTON A14
CITY COUNCIL
SUBJECT: Public Works Agreement with
Fox Fire Prevention, Inc. for Repair of the
Gold Mountain Golf Course Clubhouse Fire
Sprinkler System
Study Session Date: February 14, 2018
COUNCIL MEETING Date: February 21, 2018
Department:
Presenter:
Parks & Rec./Golf
Jeff Elevado
Phone: (360) 473-5428
SUMMARY: The fire sprinkler system serving the exterior eaves and attic space for the Gold
Mountain Golf Course Clubhouse was not properly drained by a contractor following testing. The
system, designed as a dry system, was damaged when the water remaining in the pipes and heads
froze. Request for proposals were solicited through the City's MRSC Small Works Roster program to
contractors certified to perform sprinkler system repair and received in accordance with City bidding
procedures. The low bidder is Fox Fire Protection, Inc. of Port Orchard.
ATTACHMENTS: (1) Public Works Agreement, (2) Attachment A —Scope of Work, (3)
Attachment B — Bid Sheet, and (4) Bid Tabulation
FISCAL IMPACTS (Include Budgeted Amount): Funds are available in the Golf Capital Reserve
budget.
STUDY SESSION AGENDA: o Limited Presentation ❑ Full Presentation
STUDY SESSION ACTION: ❑ Consent Agenda ❑ General Business ❑ Public Hearing
RECOMMENDED MOTION:
Move to approve the Public Works Agreement with Fox Fire Protection, Inc. for the repair of the Gold
Mountain Golf Course Clubhouse sprinkler system in the amount of $36,838 plus Washington 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
Form Updated 01/02/2018
❑ Deny ❑ Table ❑ Continue ❑ No Action
PUBLIC WORKS AGREEMENT
THIS AGREEMENT, is entered into between the City of Bremerton, a Washington
Municipal Corporation ("City"), and Fox Fire Prevention, Inc. ("Contractor"), whose mailing
address is P.O. Box 594, Port Orchard, WA 98366.
The parties agree as follows:
1. CONTRACTOR SERVICES. The Contractor shall perform the following
services for the City:
All labor, materials and permitting required to inspect and repair the existing fire
sprinkler system providing fire protection to the exterior eaves and attic of the Gold Mountain
Golf Course clubhouse building as further defined in the attached Scope of Work and Bid dated
January 4, 2018 attached hereto as Attachment A.
2. TIME OF COMPLETION. Contractor shall complete the work within 60
calendar days from the date of issuance of the City's Notice to Proceed.
3. COMPENSATION. The City shall pay the Contractor the total amount of
$36,838.00, plus any applicable Washington State Sales Tax, for the work and services
contemplated in this agreement. The City shall pay the Contractor ninety percent (90%) of the
Contract amount upon completion and acceptance of the work by the City, and the remainder
upon fulfillment of the conditions listed below and throughout this agreement.
A. No Performance Bond. Because this contract, including applicable sales
tax, is $150,000 or less, and pursuant to Chapter 39.08 RCW, the
Contractor, in lieu of providing the City a performance bond, has elected
to have the owner retain the final ten percent (10%) of the Contract
amount for a period of forty-five (45) days after the date of final
acceptance, or until receipt of all necessary releases from the State
Department of Revenue and the State Department of Labor & Industries
and until settlement of any liens filed under Chapter 60.28 RCW,
whichever is later.
B. Retainage. The City shall hold back a retainage in the amount of five
percent (5%) of any and all payments made to contractor for a period of
forty-five (45) days after the date of final acceptance, or until receipt of all
necessary releases from the State Department of Revenue and the State
Department of Labor & Industries and until settlement of any liens filed
under Chapter 60.28 RCW, whichever is later.
C. Defective or Unauthorized Work. The City reserves its right to withhold
payment from Contractor for any defective or unauthorized work.
Defective or unauthorized work includes, without limitation: work and
materials that do not conform to the requirements of this agreement; and
PUBLIC WORKS AGREEMENT — Page 1 of 10
(between City of Bremerton and Fox Fire Prevention, Inc.)
extra work and materials furnished without the City's written approval. If
Contractor is unable, for any reason, to satisfactorily complete any portion
of the work, the City may complete the work by contract or otherwise, and
Contractor shall be liable to the City for any additional costs incurred by
the City. "Additional costs" shall mean all reasonable costs, including
legal costs and attorney fees, incurred by the City beyond the maximum
Contract price specified above. The City further reserves its right to
deduct the cost to complete the Contract work, including any Additional
Costs, from any and all amounts due or to become due the Contractor.
D. Final Payment: Waiver of Claims. THE MAKING OF FINAL
PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL
PRECLUDE ALL CLAIMS, EXCEPT THOSE PREVIOUSLY AND
PROPERLY MADE AND IDENTIFIED BY CONTRACTOR AS
UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS
MADE.
4. INDEPENDENT CONTRACTOR. Contractor is and shall be at all times
acting as an independent contractor and not as an employee of the City. The Contractor shall
secure at its expense, and shall be responsible for all payments of income tax, social security,
state disability insurance compensation, unemployment compensation, and all other payroll
deductions for the Contractor, officer, agents, employees and sub -contractors. The Contractor
shall also secure all applicable business licenses, if required, in connection with the contract
services, including all required licenses for Contractor's officers, agents, employees and sub-
contractors.
5. TERMINATION. The City may terminate this agreement for good cause.
"Good cause" shall include, without limitation, any one or more of the following events:
A. The Contractor's refusal or failure to supply a sufficient number of
properly skilled workers or proper materials for completion of the
Contract work.
B. The Contractor's failure to complete the work within the time specified in
this agreement.
C. The Contractor's failure to make full and prompt payment to
subcontractors or for material or labor.
D. The Contractor's persistent disregard of federal, state or local laws, rules
or regulations.
E. The Contractor's filing for bankruptcy or becoming adjudged bankrupt.
If the City terminates this agreement for good cause, the Contractor shall not receive any
further monies due under this agreement until the Contract work is completed.
PUBLIC WORKS AGREEMENT — Page 2 of 10
(between City of Bremerton and Fox Fire Prevention, Inc.)
6. PREVAILING WAGES. Contractor shall file a "Statement of Intent to Pay
Prevailing Wages," with the State of Washington Department of Labor & Industries prior to
commencing the Contract work. Contractor shall pay prevailing wages and comply with Chapter
39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate
provisions. The latest prevailing wage rate revision issued by the Department of Labor and
Industries is attached.
7. CHANGES. The City may issue a written work change directive for any change
in the Contract work during the performance of this agreement. If the Contractor determines, for
any reason, that a change order is necessary, Contractor must submit a written change order
request to the City's project manager within two (2) business days of the date the Contractor
knew or should have known of the facts and events giving rise to the requested change. If the
City determines that the change increases or decreases the Contractor's costs or time for
performance, the City will make an equitable adjustment. The City will attempt, in good faith, to
reach agreement with the Contractor on all equitable adjustments. However, if the parties are
unable to agree, the City will determine the equitable adjustment as it deems appropriate. The
Contractor shall proceed with the change order work upon receiving a written work change
directive or change order from the City. If the Contractor fails to require a change order within
the time allowed, the Contractor waives its right to make any claim or submit subsequent change
order requests for that portion of the contract work. If the Contractor disagrees with the
equitable adjustment the Contractor must complete the change order work; however, the
Contractor may elect to protest the adjustment as provided below:
A. Procedure and Protest by the Contractor. If the Contractor disagrees with
anything required by a work change directive or change order, including
any direction, instruction, interpretation, or determination by the City, the
Contractor shall:
1. Immediately give a signed written notice of protest to the City;
2. Supplement the written protest within fourteen (14) calendar days
with a written statement that provides the following information:
a. The date of the Contract's protest.
b. The nature and circumstances that caused the protest.
C. The provisions in this agreement that support the protest.
d. The estimated dollar cost, if any, of the protested work and
how that estimate was determined.
e. An analysis of the progress schedule showing the schedule
change or disruption if the Contractor is asserting a
schedule change or disruption.
The Contractor shall keep complete records of extra costs and time
incurred as a result of the protested work. The City shall have
PUBLIC WORKS AGREEMENT — Page 3 of 10
(between City of Bremerton and Fox Fire Prevention, Inc.)
access to any of the Contractor's records needed for evaluating the
protest.
3. The City will evaluate all protests, provided the procedures in this
section are followed. If the City determines that a protest is valid,
the City will adjust payment for work or time by an equitable
adjustment. No adjustment will be made for an invalid protest.
B. Contractor's Duty to Complete Protested Work. In spite of any protest,
the Contractor shall proceed promptly with the work as the City has
ordered.
C. Contractor's Acceptance of Changes. The Contractor accepts all
requirements of a change order by: (1) endorsing it, (2) writing a separate
acceptance, or (3) not protesting in the way this section provides. A
change order that is accepted by Contractor as provided in this section
shall constitute full payment and final settlement of all claims for contract
time and for direct, indirect and consequential costs, including costs of
delays related to any work, either covered or affected by the change.
D. Failure to Protest Constitutes Waiver. By not protesting as this section
provides, the Contractor also waives any additional entitlement and
accepts from the City any written order (including directions, instructions,
interpretations, and determination).
E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the
procedures of this section, the Contractor completely waives any claims
for protested work and accepts form the City any written order (including
directions, instructions, interpretations, and determination).
8. CLAIMS. The Contractor shall give written notice to the City of all claims other
than change orders within fourteen (14) calendar days of the occurrence of the events giving rise
to the claims. Any claim for damages, additional payment for any reason, or extension of time,
whether under this agreement or otherwise, shall be conclusively deemed to have been waived
by the Contractor unless a timely written claim is made in strict accordance with the applicable
provisions of this agreement; or, if (and only if) no such provision is applicable, unless that claim
is set forth in detail in writing and received by the City within seven (7) calendar days from the
date Contractor knew, or should have known, of the facts giving rise to the claim. At a
minimum, a Contractor's written claim must include the information set forth regarding protests
in Section 7.A.2.a.-e.
FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM
WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS
ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM
OR CAUSED BY THAT DELAY.
PUBLIC WORKS AGREEMENT — Page 4 of 10
(between City of Bremerton and Fox Fire Prevention, Inc.)
Contractor must, in any event, file any claim or bring any suit arising from or connected
with this agreement within 120 calendar days from the date the contract work is complete.
9. WARRANTY. The Contractor shall correct all defects in workmanship and
materials within one year from the date of the City's acceptance of the Contract work. When
defects are corrected, the warranty for that portion of the work shall extend for one year form the
date such correction is completed and accepted by the City. The Contractor shall begin to
correct any defects within seven (7) calendar days of its receipt of notice from the City of the
defect. If the Contractor does not accomplish the corrections within a reasonable time, the City
may complete the corrections and the Contractor shall pay all costs incurred by the City in order
to accomplish the correction.
10. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its
officer, officials, employees, agents and volunteers harmless from any and all claims, injuries,
damages, losses or suits including all legal costs and attorney fees, arising out of or in connection
with the performance of this agreement, except for injuries and damages caused by the City's
sole negligence.
The City's inspection or acceptance of any of Contractor's work when completed shall
not be grounds to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of the Contractor and
the City, its officials, employees, agents and volunteers, the Contractor's liability hereunder shall
be only to the extent of the Contractor's negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS
INDEMNIFICATION CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY
UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSE OF
THIS INDEMNIFICATION. THE PARTIES ACKNOWLEDGE THAT THEY HAVE
MUTUALLY NEGOTIATED THIS WAIVER.
The provisions of this section shall survive the expiration or termination of this
agreement.
11. INSURANCE. The Contractor shall procure and maintain for the duration of this
agreement insurance of the types and in the amounts described below against claims for injuries
to persons or damage to property which may arise from or in connection with the performance of
the work by the Contractor, its agents, representative, employees, subconsultants or
subcontractors.
Before beginning work on the project described in this agreement, the Contractor shall
provide a Certificate of Insurance evidencing:
PUBLIC WORKS AGREEMENT — Page 5 of 10
(between City of Bremerton and Fox Fire Prevention, Inc.)
1. Automobile Liability insurance with limits no less than $1,000,000
combined single limit per accident for bodily injury and property damage;
and
2. Commercial General Liability insurance written on an occurrence basis
with limits no less than $1,000,000 combined single limit per occurrence
and $2,000,000 general aggregate for personal injury, bodily injury and
property damage. Coverage shall include but not be limited to: blanket
contractual; products/completed operations/broad form property damage;
explosion, collapse and underground (XCU); and employer's liability.
3. Excess Liability insurance with limits not less than $1,000,000 per
occurrence and aggregate.
Any payment of deductible or self-insured retention shall be the sole responsibility of
the Contractor.
The City, its officials, employees, agents and volunteers shall be named as an
additional insured on the insurance policy, as respects work performed by or on behalf of the
Contractor and a copy of the endorsement naming the City as additional insured shall be attached
to the Certificate of Insurance.
The Contractor's insurance shall contain a clause stating that coverage shall apply
separately to each insured against whom claim is made or suit is brought, except with respects to
the limits of the insurer's liability.
The Consultant's insurance shall be primary and non-contributory insurance as respects
the City and shall contain a waiver of subrogation against the City for claims arising out of any
operations, liabilities and obligations to which coverage applies. It shall be an affirmative
obligation upon Consultant to advise the City's Risk Manager by fax at (360) 473-5161, or by
certified mail, return receipt requested to City of Bremerton, attn: Risk Management, 345 6t'
Street, Suite 600, Bremerton, WA 98337 within two days of the cancellation, suspension or
substantive change of any insurance policy set out herein, and failure to do so shall be construed
to be a breach of this Agreement.
The City reserves the right to receive a certified copy of all the required insurance
policies.
12. MISCELLANEOUS.
A. Nondiscrimination. In the hiring of employees for the performance of
work under this Agreement or any sub -contract hereunder, the Contractor, its sub -contractors, or
any person acting on behalf of such Contractor or sub -contractor shall not, by reason of race,
religion, color, sex, national origin, or the presence of any sensory, mental, physical disability, or
PUBLIC WORKS AGREEMENT — Page 6 of 10
(between City of Bremerton and Fox Fire Prevention, Inc.)
sexual orientation discriminate against any person who is qualified and available to perform the
work to which the employment relates.
B. Compliance with Laws. Contractor shall comply with all federal, state
and local laws, rules and regulations throughout every aspect in the performance of this
agreement.
C. Work Performed at Contractor's Risk. Contractor shall take all
precautions necessary and shall be responsible for the safety of its employees, agents, and
subcontractors in the performance of this agreement. All work shall be done at Contractor's own
risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other
articles used or held for use in connection with the work.
D. Nonwaiver of Breach. The failure of the City to insist upon strict
performance of any of the terms and rights contained herein, or to exercise any option herein
conferred in one or more instances, shall not be constructed to be a waiver or relinquishment of
those terms and rights and they shall remain in full force and effect
E. Governing Law. This agreement shall be governed and construed in
accordance with the laws of the State of Washington. If any dispute arises between the City and
Contractor under any of the provisions of this agreement, resolution of that dispute shall be
available only through the jurisdiction, venue and rules of the Kitsap County Superior Court,
Kitsap County, Washington.
F. Attorney's Fees. To the extent not inconsistent with RCW 39.04.240, in
any claim or lawsuit for damages arising from the parties' performance of this agreement, each
party shall be responsible for payment of its own legal costs and attorney's fees incurred in
defending or bringing such claim or lawsuit; however, nothing in this subsection shall limit the
City's right to indemnification under Section 10 of this agreement.
G. Written Notice. All communications regarding this agreement shall be
sent to the parties at the addresses listed on the signature page of this agreement, unless
otherwise notified. Any written notice shall become effective upon delivery, but in any event
three (3) calendar days after the date of mailing by registered or certified mail, and shall be
deemed sufficiently given if sent to the addressee at the address stated on this agreement.
H. Assignment. Any assignment of this agreement by the Contractor without
the written consent of the City shall be void.
I. Modification. No waiver, alteration, or modification of any of the
provisions of this agreement shall be binding unless in writing and signed by a duly authorized
representative of the City and Contractor.
J. Severability. If any one or more sections, sub -sections, or sentences of
this agreement are held to be unconstitutional or invalid, that decision shall not affect the validity
PUBLIC WORKS AGREEMENT — Page 7 of 10
(between City of Bremerton and Fox Fire Prevention, Inc.)
of the remaining portion of this agreement and the remainder shall remain in full force and
effect.
K. Entire Agreement. The written provisions and terms of this agreement,
together with any attached Exhibits, supersede all prior verbal statements by any representative
of the City, and those statements shall not be construed as forming a part of or altering in any
manner this agreement. This agreement and any attached Exhibits contain the entire agreement
between the parties. Should any language in any Exhibit to this agreement conflict with any
language contained in this agreement, the terms of this agreement shall prevail.
IN WITNESS WHEREOF, the parties below have executed this agreement.
CONTRACTOR
Print Name:
Title:
DATE
Notices to be sent to:
CONTRACTOR:
PUBLIC WORKS AGREEMENT — Page 8 of 10
(between City of Bremerton and Fox Fire Prevention, Inc.)
THE CITY OF BREMERTON
Print Name: Greg Wheeler
Title: Mayor
DATE
Notices to be sent to:
CITY OF BREMERTON:
Jeff Elevado, Director
Bremerton Parks and Recreation
680 Lebo Blvd.
Bremerton, WA 98310
(360) 473-5428
(360) 473-5882 (facsimile)
APPROVED AS TO FORM:
Bremerton City Attorney
ATTEST:
Bremerton City Clerk
State of Washington
Department of Labor & Industries
Prevailing Wage Section — Telephone 360-902-5335
PO Box 44540, Olympia, WA 98504-4540
Washington State Prevailing Wage
The PREVAILING WAGES listed here include both the hourly wage rate and the hourly rate of fringe
benefits. On public works projects, worker's wage and benefit rates must add to not less than this total. A
brief description of overtime calculation requirements are provided on the Benefit Code Key.
Journey Level Prevailing Wage Rates for the Effective Date: 2/5/2018
County Trade Job Classification Wage Holiday Overtime
Kitsap Sprinkler Fitter (Fire Protection) Journey Level $74.49 5C 1x
ATTACHMENT A
Gold Mountain Golf Course
Fire Sprinkler System Repair
Clubhouse Eaves Dry System
Scope of Work:
This project includes all labor and materials required to inspect and repair the dry
system providing fire protection for the exterior eaves and attic of the clubhouse
building.
Work Included:
• Identify and locate leaking piping and sprinkler heads
• Repair all damaged and leaking piping
• Replace all damaged or inoperable dry pendent sprinkler heads
• Perform hydrostatic test of the system to confirm integrity prior to putting back in
service
• Install additional dry pendent sprinklers as required for proper coverage
• Install low point drains as required.
• Provide as -built schematics and drawings of system changes
• Provide operation and maintenance manuals for all equipment
• Equipment provided must be non-proprietary in nature and locally supplied
Completion of Work:
Contractor shall complete the work within sixty (60) calendar days from the date of
issuance of the City's Notice to Proceed.
Prevailing Wages:
Contractor shall file a "Statement of Intent to Pay Prevailing Wages", with the State of
Washington Department of Labor & Industries prior to commencing work. Contractor
shall pay prevailing wages and comply with Chapter 39.12 of the Revised Code of
Washington, as well as any other applicable prevailing wage rate provisions.
Contractor's Registration FOXFIP1127M8
State Certificate #391-05-6481
BID SHEET
TO: Gold Mountain Gold Club
ATTN: Ed Faulk
EMAIL: Ed Faulk <ed.faulk@goldmt.com>
PROJECT: Gold Mountain Golf Course Soffit Repairs
Bremerton, WA
SPECIFICATION SECTION: Fire Sprinkler
PRICE: $ 36,838.00
FOX FIRE PREVENTION, INC.
PO BOX 594
PORT ORCHARD, WA 98366
360.871.1985
206.623.2993
FAX 360.871.2262
info@foxfireprevention.com
INCLUDES:
1) Labor and Material to Repair Existing Fire Sprinkler Piping Due to Freeze Damage
2) Replacement of Dry Pendent Fire Sprinklers as Required
3) Piping, Fittings, Hangers, Bracing, and Fire Sprinklers as Required
4) Access Hatches as Required for Pre -Existing Penetrations and New Access Points Required
(Note: Estimate Only Includes Up to 15 Access Hatches)
5) Hydrostatic Testing of Piping to Verify Integrity of Existing and New Components
6) Aerial Lift
7) Outage/Restoral of Fire Sprinkler System as Required
8) Normal Working Hours
9) Prevailing Wage Rates
10) Annual Fire Sprinkler Inspection & Testing
EXCLUDES:
1) Bid, Payment, and Performance Bonds
2) Underground, Five Feet Out, Vaults, Backflow Preventer, PIV, Remote FDC, Flushing, and Testing
3) Electrical Wiring, Detection & Controls, and Fire Alarm / Mass Notification
4) Fire Protection Engineer, Structural Engineer/Engineering, and BIM Modeling
5) WSRB / Factory Mutual Requirements
6) Fire Pumps, Associated Controllers, Tanks, and Appurtenances
7) Demolition or Abatement of Any Kind
8) Nameplates, Valve Tags, Pipe Identification, Pipe Preparation, and Painting
9) Painting and Patching of Any Kind
10) Access and/or Access Hatches
11) Repair or Replacement of Cedar Soffiting
12) Attics, Concealed Spaces, and Cricket Spaces
13) Compilation of Product Submittals and O&M's (PDF Files Provided)
14) Relocation of Existing Mains and Branchlines
15) Flow Testing Fees (If Applicable)
16) Integrity of Existing System (Assumed to
17) Design & Submittal (Repair Permit Only)
18) Insurance Above Industry Standard
19) Deficiencies of Existing System
20) 5 Year I.P.E.
21) Sales Tax
Robert,? Mn eev
Robert P. McGee
President
1/4/2018
)e Code Compliant)
Invoicing to be paid NET 30.
Estimate is based on adequate pipe and water supply being available.
Adequate heat and insulation are by owner.
Estimate is valid for thirty days.
One year warranty after date of substantial completion.
PARKS & RECREATION
680 LEBO BOULEVARD • BREMERTON, WA 98310-5841
TEL: 360.473.5305, FAX: 360.473.5882 • www.ci.bremerton.wa.us
„'Com,m-z;�Cod o � �i�hz ,y -41ro 1&
Be-amorron
Gold Mountain Golf Club
Clubhouse Fire Sprinkler Repair
Bid Tabulation
January 8, 2018
Request for proposals were solicited through the City's MRSC Small Works Roster program to
contractors certified to perform fire sprinkler system repair and received in accordance with
City bidding procedures.
Two (2) bids/proposals were received and are as follows:
Name
Base Bid
WSST
Total
Fox Fire Prevention, Inc.
$36,838.00
$3,315.42
$40,153.42
Red Hawk Fire Protection, LLC
$39,713.00
$3,574.17
$43,287.17
Gold Mountain Goff Course
Fire Sprinkler System
Timeline
October of 2016
o P&R notified by PW Facilities Division that the fire alarm and sprinkler system at the Gold Mt.
Golf Course Clubhouse required testing.
o P&R notified Columbia Hospitality's General Manager at Gold Mountain
October 21, 2016
o Cintas fire Protection was contacted by Columbia.
o Their inspection identified deficiencies that resulted in failure of the system to pass inspection.
■ Cintas provided a proposal to replace the alarm batteries, fire sprinkler pressure gauges and
code required internal pipe exam
■ The dry system was tripped upon arrival.
October 24, 2016
o Event report indicated the sprinkler system was tested and water flow was indicated in the
system.
December 17, 2016
a Columbia reported a fault alarm and failure of the dry sprinkler system in the eaves of the
Clubhouse.
a Cintas was contacted for an emergency service call and determined there were several freeze
breaks including dry head failures.
o Cintas provided options for repair to Columbia and placed the facility on fire watch until the
repairs could be completed.
o Columbia staff performed fire watch for the clubhouse. (This continued until 12130 until BFD
Fire Marshall approved canceling the fire watch. Approximately 203 hours)
December 29, 2016
o Cintas on site to begin repair of damaged dry system.
o Began accessing pipe and heads in eaves by cutting into soffits. (See photos)
y December 31, 2016
o Repaired piping and heads tested and failed indicating additional leaks in the system.
January 4, 2017
o Cintas provided a proposal to make additional repairs on the system ($6,400)
At this point nearly $10,000 had be expended to repair the damage with no assurance that the system
would pass inspection. The decision was made to cease all repair work until we could determine the
full extent of the damage and develop a repair plan and cost estimates for the repair.
Columbia was informed that they should have their attorney contact Cintas for damages as the
contract for repair was between Columbia and Cintas, not the City and Cintas.
P&R contacted Capt. Mike Six with the Fire Marshall's office for assistance in determining the
cause of the failure and recommendations on repair.
y Capt. Six provided a Cause Analysis Report in which he identified the probable cause of the damage
as improper testing and inadequate draining of the dry system following testing. Water remaining in
the dry system following the October 2016 testing froze when temperatures fell below freezing in
December resulting in ruptured piping and sprinkler heads.
Following a recommendation from the Fire Marshall, Columbia staff contacted a contractor and
requested a proposal for the repair of the system.
The contractor was only able to provide a time and materials estimate. When the contractor was
notified that the repair would require prevailing wage rates, he withdrew his proposal.
P&R then developed a list of potential contractors from the MSRC Small Works Roster and
Columbia solicited bids from the list.
y= Two responsive bids were received. Fox Fire Prevention was the lowest responsive bidder at
$36,838 plus WSST.
A
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AGENDA BILL
CITY OF BREMERTON Al 5
CITY COUNCIL
SUBJECT: Fourth Addendum to the Study Session Date: February 14, 2018
Operating Agreement with the Admiral COUNCIL MEETING Date: February 21, 2018
Theatre Foundation for the Operation of the Department: City Clerk
Admiral Theater Presenter: Shannon Corin
Phone: (360)473-5323
SUMMARY: The City has a current Operating Agreement with the Admiral Theatre Foundation to
operate City owned Admiral Theater. The agreement expires September 27, 2040, with an annual
amount paid to the Foundation from revenues received from the lodging tax in the amount of $90,000
per year. In 2013, the Council approved the Third Addendum to the agreement to increase funding
to $150,000 per year through 2017, then it would revert back to $90,000 annually through the
expiration of the agreement.
The Admiral Theatre Foundation submitted an application to the Lodging Tax Advisory Committee to
extend the additional funds. LTAC recommended extension of the additional $60,000 be allocated to
the Admiral Theatre Foundation annually through 2022 for a total of $150,000 per year. City Council
approved the recommendation at the July 19, 2017 Council Meeting and the $150,000 was included
in the 2018 Budget adopted by Ordinance No. 5341 on November 20, 2017.
ATTACHMENTS: 1) Fourth Addendum to the Operating Agreement; and 2) Exhibit A — Operating
Agreement
FISCAL IMPACTS (Include Budgeted Amount): This item has been budgeted for 2018.
STUDY SESSION AGENDA: 0 Limited Presentation ❑ Full Presentation
STUDY SESSION ACTION: ❑ Consent Agenda ❑ General Business ❑ Public Hearing
RECOMMENDED MOTION:
Move to approve the Fourth Addendum to the Operating Agreement with Admiral Theatre Foundation
extending the annual compensation of $150,000 through 2022, 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 01/02/2018
FOURTH ADDENDUM
TO OPERATING AGREEMENT
(Admiral Theater)
This Fourth Addendum to Operating Agreement is entered into on the date fully executed
below by and between the CITY OF BREMERTON, hereinafter referred to as the "City," and
the ADMIRAL THEATRE FOUNDATION, hereinafter referred to as the "Foundation."
WHEREAS, the City and the Foundation entered into an agreement entitled Operating
Agreement dated September 28, 1990, with a ten (10) year term expiring on the September 27,
2000, attached hereto as Exhibit A; and
WHEREAS, the City and the Foundation entered into a Funding Agreement dated
August 22, 1995, for funding of $165,000 and an Addendum to Funding Agreement on January
10, 1996, for additional funding of $25,000; and
WHEREAS, the City and the Foundation entered into a one (1) year Professional
Services Agreement dated January 1, 1999 (herein referred to as the "Services Agreement"), for
the purpose of providing funding for the Admiral Theatre in the amount of $78,450 and further
executed the First Addendum to Services Agreement in 2000 extending the term an additional
year for funding of $90,000 and a Second Addendum to Services Agreement in 2001 extending
the term an additional year for funding of $62,147; and
WHEREAS, the City and the Foundation entered into a one (1) year Tourism Promotion
Services Agreement dated May 19, 2008 and expiring on December 31, 2008 (herein referred to
as the "Tourism Promotion Agreement"), for the purpose of providing funding for tourism
promotion services; and
WHEREAS, the City and the Foundation entered into a First Addendum to Operating
Agreement dated December 12, 2001 (herein referred to as the "First Addendum"), to extend the
termination date of the Operating Agreement to September 27, 2040, and to provide continued
funding support in the amount of $90,000 for the Admiral Theatre as provided in the
Professional Services Agreement which was scheduled to terminate December 31, 2001, as
extended by the Services Agreement Extensions, and to further clarify conditions of the
Operating Agreement; and
WHEREAS, the City and the Foundation entered into a Second Addendum to Operating
Agreement on January 25, 2013 (herein referred to as the "Second Addendum"), increasing the
annual funding to $150,000 per year for a period of five (5) years, amending language relating to
audit reports, and making other related matters; and
WHEREAS, in the Second Addendum, the parties acknowledged that the Professional
Services Agreement and Services Agreement Extensions have terminated and that the
agreements in effect at this time are the Operating Agreement and First Addendum to Operating
Agreement; and
Admiral Theater — Fourth
Addendum to Operating Agreement
WHEREAS, the City and the Foundation entered into a Third Addendum to Operating
Agreement on July 15, 2015 (herein referred to as the "Third Addendum"), relating to funding,
audit reports, and related matters, to replace in its entirety the First Addendum and Second
Addendum; and
WHEREAS, the parties acknowledge and reaffirm in this agreement that all of the
agreements noted above and any related agreements, with the exception of the Operating
Agreement and the Third Addendum, have expired, terminated or been repealed and replaced
and that the agreements currently in effect at this time are the Operating Agreement and the
Third Addendum; and
WHEREAS, the City and the Foundation now desire to enter into a Fourth Addendum to
Operating Agreement (herein referred to as the "Fourth Addendum") to extend the funding of
$150,000 an additional five (5) years through calendar year 2022, and to replace in its entirety
the Third Addendum;
NOW, THEREFORE, in consideration of the terms and conditions contained herein, the
parties mutually agree that this Fourth Addendum to Operating Agreement hereby amends the
Operating Agreement and replaces in its entirety the Third Addendum as follows:
1. Findings. The findings set forth in the recitals above are hereby adopted and
incorporated as if fully set forth herein.
2. Addendums Repealed. The Third Addendum to Operating Agreement is hereby
repealed and replaced in their entirety by this agreement.
3. Term. The initial term of the Operating Agreement commenced on September
28, 1990 and shall terminate on September 27, 2040.
4. Building Maintenance. The Foundation is solely responsible for maintaining the
Admiral Theater facility including all building areas and appurtenances ("Facility") and
improvements therein in good condition. The City shall have no responsibility for building
maintenance, repairs, or damage to the structure, except to the extent insurance proceeds are
available to cover any loss.
5. Financial Contribution. Commencing in 2013, the City shall pay the Foundation a
Contribution ("Financial Contribution") of $150,000 annually for a period of ten (10) years
subject to the existing terms of the Operating Agreement as amended herein. This Financial
Contribution is increased from the previous annual Financial Contributions of $90,000 through
calendar year 2012. Commencing in calendar year 2023, the annual Financial Contribution shall
automatically revert to the previous annual Financial Contributions of $90,000 unless otherwise
extended or adjusted by the parties in writing. Provided, however, the obligation to pay the
Financial Contribution is conditioned upon the following:
a. The Foundation properly maintaining the Facility; and
2
Admiral Theater — Fourth
Addendum to Operating Agreement
b. The Foundation continuing to market and provide performing and visual
arts at the Theatre on a full-time basis, including education and cultural
events; and
C. The Foundation provide the City its annual budget and marketing plans
within thirty (30) days of adoption by the Foundation Board; and
d. The Foundation making available to the City all financial information the
City deems appropriate to determine that the Foundation is using its funds
in accordance with its non-profit purpose and the purpose of the Operating
Agreement and this Fourth Addendum thereto; and
e. The Foundation shall provide a review, issued by a Certified Public
Accountant, to the City for fiscal year ending August 31, 2016, and for all
of the following fiscal years except when an external audit is required
pursuant to subsection (f) below. All reviews shall be provided to the City
Department of Financial Services by January 31 st of the calendar year
following the end of the fiscal year being reviewed; and
f. The Foundation shall provide an external audit report, issued by a
Certified Public Accountant, to the City for fiscal year ending August 31,
2015, and every third year thereafter. All audit reports shall be provided
to the City by January 31 st of the calendar year following the end of the
fiscal year being audited; and
g. The City's Hotel/Motel Tax generates at least an amount to cover the
Financial Contribution ($150,000 or $90,000 as applicable) each year for
each two percent (2%) of tax imposed, otherwise, the City's Financial
Contribution shall be reduced accordingly; and
h. The City Council, following receipt of the audit review or external audit as
set forth in subsections(e) and (f) above, as applicable, renews its
commitment to the above-referenced Financial Contribution amount or
such other amount as it deems within the best interests of the City and its
citizens. The review of commitment shall be included as part of the City's
budget process during the year following the end of the fiscal year being
reviewed or audited. (As an example, for fiscal year ending on August 31,
2014, the City reviews its renewal of commitment of Financial
Contribution as part of the City's budget process in 2015 for funding in
budget year 2016). It is anticipated that the Financial Contribution
commitment will be renewed each year, so long as the Foundation has
used the funds in a manner that the Council deems as promoting the best
interests of the City and its citizens and the purposes of the Hotel/Motel
Tax enabling legislation; and
i. Commencing in calendar year 2023 the City's annual Financial
Contribution shall automatically revert to $90,000 unless otherwise
extended or adjusted by the parties in writing following receipt of the
external audit; and
j. The Foundation shall not apply for or be eligible for additional lodging tax
funds provided the City's Financial Contribution is $150,000 annually.
Admiral Theater — Fourth
Addendum to Operating Agreement
6. Notices. Any notices required to be given by the City to the Foundation or by the
Foundation to the City shall be in writing and delivered to the following parties at the following
addresses:
Mayor
City of Bremerton
3456 1h Street, Suite 100
Bremerton, WA 98337
Admiral Theater Foundation
507 Pacific Avenue
Bremerton, WA 98337
7. Confirmation of Agreement Terms. The parties mutually agree that this Fourth
Addendum to Operating Agreement hereby amends the Operating Agreement and replaces in its
entirety the Third Addendum. Except as modified by this Fourth Addendum to Operating
Agreement, the terms and conditions of the Operating Agreement are hereby confirmed in their
entirety and incorporated herein as if fully set forth in this Fourth Addendum.
The parties hereby enter into this Fourth Addendum to Operating Agreement on the date
fully executed below.
CITY OF BREMERTON
Greg Wheeler, Mayor
Date:
ADMIRAL THEATRE FOUNDATION
Its: _
Date:
R:\Legal\Legal\Files\Current Active Files\Admiral Theater\Fourth Addendum to Operating Agreement.doc
M
Admiral Theater — Fourth
Addendum to Operating Agreement
OPERATING AGREEIVIIINT
Admiral Theater Facility
THIS AGREEMENT made and entered into this day of Lly, 1990, by and
between the City of Bremerton, a First Class City of the State of Washington, (bereinafter
referred to as "City") and The Admiral Theater Foundation, a non-profit corporation
organized under the laws of the State of Washington (hereinafter referred to as
"Foundation").
WITNESSETH:
1. SCOPE OF SERVICES: The Foundation shall manage the Admiral Theater
facility, located at 507 Pacific Avenue, Bremerton, Washington, including all building areas
and appurtenances (herdnafter referred to as "Facility") for the purpose of operating a
performing and visual arts center for public entertainment, education and cultural events in
the auditorium and associated areas Ouzeinafter "Theater") and managing the rental of
office and commercial retail spaces. The Foundation's duties are as follows:
(a) Complete renovation of the building and have the Facility operational no later
than five (5) years from the effective date of this Agreement. Operational
shall mean the Facility is immediately available for tenant or public use,
including City use under subpart (h) and all other duties of the Foundation
under this section shall commence;
(b) Building security;
(c) Building cleaning, maintenance and repairs, including removal of ice and
debris from walks and common areas; replacement of broken glass, electrical
fixtures, plumbing fixtures and seating; and interior and exterior plastering,
wall coverings and painting;
(d) Advertise for tenants and negotiate and collect rents for all office and retail
spaces of the Facility;
(e) Promote Theater utilization by every means of advertising designed to attract
performing and visual arts events and attendees;
(f) Provide for operation of the Theater and appropriate concessions; and
(g) Promulgate Hiles, policies and regulations for rental procedures, charges,
hours of operation, and uses of the Facility not inconsistent with this
Agreement. Rules and regulations shall specifically prohibit the giving of
tickets or other 'free entry to any performance or event to any City or
Foundation employee or officer, except in the performance of their duties;
and
OPERATING AGREEMENT -1-
on
Provide the Theater for City use upon request for a minimum of twelve (12)
days each year at a nominal fee sufficient to cover utilities, security, and
janitorial services or other direct expense of use. Scheduling shall not
interfere with previously scheduled performances.
2. Mtft- The term of this Agreement shall begin on the date of execution and
continue ten (10) full years thereafter, unless terminated earlier under the provisions of this
Agreement.
The Foundation shall have the option to extend this Agreement for such additional
term, under the same terms and conditions, as may by approved by a vote of the City
electorate at the November 1990 general election. Notice to exercise said option shall be
given at least ninety (90) days prior to the expiration of the original term.
3. COMTSATION: The Foundation shall be entitled to retain all revenues
collected from rental spaces, concessions and admission charges to the Theater. Admission
taxes, as defined by City ordinance, collected from the Admiral Theater, shall be paid
monthly to the City Treasurer for deposit in the City's Admiral Theater Fund.
The City disclaims any interest in any revenues generated through fund raising
Oactivities of the Foundation.
4. ALTERATIONS: The Foundation shall not make any structural alterations,
without the expressed written consent of the City Council. Any such alterations consented
to by the City Council shall be at the Foundation's expense. The Foundation shall secure
any and all governmental permits required in connection with such work and shall hold the
City harmless from any and all liability and any and all liens resulting therefrom. All
alterations, additions and improvements, except trade fixtures and appliances and equipment
which do not become a part of the building shall immediately become the property of the
City without obligation. Upon removal of any trade fixtures, appliances and equipment
which did not become part of the Facility, the Foundation shall repair any damage caused
by removal.
S. UTILM ES AND TAXES: The Foundation shall be responsible for providing the
building with all utilities, including light, heat, electricity, water, sewer, gas, garbage, and
telephone. The Foundation shall pay all utility charges.
OPERATING AGREEMENT -2-
N4wpf `.r
The Foundation shall pay all State leasehold excise taxes, personal property taxes and
sales taxes incurred by the Foundation's occupation and operation of the Facility.
6. RELATIONSHEP OF PARTzS: The parties understand and agree that the
Foundation is an association skilled in matters pertaining to the scope of work and will
perform independent functions and responsibilities in the area of its particular field of
expertise. The Foundation and its personnel shall act as independent contractors and not
employees of the City. As such they have no authority to bind the City nor control
employees of the City, contractors, or other entities. The Mayor will be the responsible
official, for fulfilling continuing responsibilities of the City.
7. NONDISCREW NATION: The Foundation shall not discriminate in any manner
on the basis of sex, race, color, creed, or national origin, age, marital status, physical, mental
or sensory handicap unless based on a bona fide occupational qualification.
8. REPORTS AND INFORMATION: The Foundation will maintain accounting
records in accordance with generally accepted accounting principals and make the financial
records available to the City upon reasonable request of the Mayor.
Within sixty (60) days after the end of the fiscal year of the Foundation, the
Foundation shall deliver to the City a written financial operating statement.
Within ninety (90) days of the end of the Foundation's fiscal year, the Foundation
shall provide the City with a written report setting the description and cost of all capital
operations performed by the Foundation, improvements, maintenance, and repairs of the
Facility during the previous twelve (12) months. Said report shall also contain a projection
as to the anticipated alterations, improvements, maintenance and repairs expected during
the ensuing twelve (12) month period.
The Foundation will present to the City a business plan, including actions, milestones,
and financial projections (a standard small business plan) within six (6) months of the
effective date of this Agreement.
9. CASUALTY11OSS: Should the Facility suffer structural damage equal to fifty
Percent (50%) or more of its appraised value, including complete destruction, the City shall
have the option of terminating this Agreement or continuing this Operating Agreement in
effect by commencing and completing with due diligence any work necessary to restore or
OPERATING AGREEMENT -3-
repair the premises. Notice of the City's election shall be given within thirty (30) days of
the occurrence causing damage.
If the Foundation shall have made improvements or alterations to the Facility and
shall not yet have fully amortized its expenditures for such improvements or alterations, the
City shall and hereby does assign to the Foundation out of any proceeds payable to the City
from insurance coverage, a sum equal to any unamortized portion of such expenditures.
This unamortized portion shall be determined by multiplying such expenditures by a
fraction, the numerator which shall be the number of years in the unexpired term of the
lease and granted extension options at the time of the casualty occurrence, and the
denominator shall be the number of years of the term of the lease and granted extension
options remaining at the time of the improvement or alteration.
10. INSURANCE AND MEMNM: The City shall carry at full replacement cost fire
and extended coverage insurance and such other insurance as it may desire to carry on the
Facility. The Foundation shall not be liable for any loss or damage to the premises resulting
from fire or other perils insurable under the standard form of fire and extended coverage
insurance policy due to any cause whatsoever, except intentional damage by the Foundation
or its agents or employees.
The City shall not be liable for any loss or damage to the property of the Foundation,
except intentional damage by the City or its agents.
Prior to and during the performance of the work covered by this Agreement, the
Foundation shall provide the Risk Manager for the City of Bremerton with evidence that
it has obtained and maintains in full force and effect during the term of this Agreement a
policy of public liability insurance, providing coverage of at least $1,000,000.004ingle limit,
naming the City as additional insured. The City's Risk Manager shall be provided thirty
(30) days' written notice of any cancellation of said liability insurance.
The Foundation agrees to defend, indemnify and save harmless the City, its
appointed and elected officers and employees, from and against any and all liability loss,
costs, damage and expense, including costs and attorney fees in defense thereof because of
actions, claims or lawsuits for damages resulting from personal or bodily uyury, including
death at any time resulting therefrom, sustained or alleged to have been sustained by any
O OPERATING AGREEMENT -4-
✓
person or persons and on account of damage to property, arising or alleged to have arisen
directly or indirectly out of or in consequence of the Foundation's performance of this
Agreement, whether such injuries to persons or damage to property is due to the negligence
of the Foundation, its subcontractors, agents, successors or assigns. This provision shall be
inapplicable to the extent the City is judicially found sole negligent for such damage or
injury.
The City agrees to defend, indemnify and save harmless the Foundation, its
appointed and elected officers and employees, from and against any and all liability, loss,
costs, damage and expense, including costs and attorney fees in defense thereof because of
actions, claims or lawsuits for damages resulting from personal or bodily injury, including
death at any time resulting therefrom, sustained or alleged to have been sustained by any
person or persons and on account of damage to property, arising or alleged to have arisen
directly or indirectly out of or in consequence of the City's performance of this Agreement,
whether such injuries to persons or damage to property is due to the negligence of the City,
its subcontractors, agents, successors or assigns. This provision shall be inapplicable to the
extent the Foundation is judicially found solely negligent for such damage or injury.
11. GENERAL CONDITIONS:
a. Assignability - The Foundation shall not assign any interest in this Agreement
and shall not transfer any interest in same (whether by assignment or novation), without the
Prior written consent of the City thereto; Provided, homver, that claims for payment under
this Agreement may be assigned.
b. Entire Agreement - This Agreement constitutes the entire agreement between
the parties and both parties aclmowledge that there are no other agreements, written or
oral, that have not been fully set forth in the text of this Agreement.
c. Amendments - The parties hereby further agree that this Agreement cannot be
amended or modified without the written concurrence of both parties.
d. Notices - Any notices required to be given by the City to Foundation or by the
Foundation to the City shall be in writing and delivered to the following parties at the
following addresses:
OPERATING AGREEMENT -5-
Mayor, City of Bremerton
239 Fourth Street
Bremerton, WA. 98310
Admiral Theater Foundation
5n7 Paeifie
Bremerton, WA 98310
e. Waiver - Failure to insist upon strict compliance with any terms, covenants or
conditions of this Agreement shall not be deemed a waiver of such, nor shall any waiver or
relinquishment of such right or power at any time be tal= to be a waiver of any other
breach.
f. Compliance with State, Local and Federal Laws - The Foundation agrees to
comply with all applicable local, state and federal laws in performance of all services under
this Agreement.
g. Applicable Law; Venue - This Agreement shall be construed and interpreted
in accordance with the laws of the State of Washington and, in the event of dispute, the
venue of any action brought hereunder shall be in Kitsap County Superior Court.
h. Attorney Fees - The substantially Pig ply in any litigation arising
hereunder shall be entitled to its reasonable attorney's fees and court costs, including
appeals, if any.
12. TERMINATION: Should the electorate fail to approve Agreement for an additional
term of forty (40) years, under the same terms and conditions, through a proposition on the
September 18, 1990, ballot, the Foundation may terminate this Agreement upon ninety (90)
days written notice.
In the event of breach or default of any material provision of this Agreement, either
party may terminate this Agreement upon written notice to the other effective in thirty (30)
days if corrective action has not been commenced and thereafter completed in a timely
manner.
\1
OPERATING AGREEMENT -&
• ' r
IN WnWESS WHEREOF the parties halo have executed this Agreement the date
and year indicated.
12,21q,0
THE AD TER FOUNDATION
Date' BY•
C OF BREMERTON
Date: a� o
LOUIS MENTOR, Mayor
ATTEST:
•I
O R TO FORM:
IAN R. VERS, City Attorney
O OPERATING AGREEMENT -7-
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
A16
SUBJECT: Tourism Promotion Services Study Session Date: February 14, 2018
Agreement with Bremerton Historic Ships COUNCIL MEETING Date: February 21, 2018
Association Department: City Clerk
Presenter: Shannon Corin
Phone: (360) 473-5323
SUMMARY: The Lodging Tax Advisory Committee recommended $66,000 be allocated to
Bremerton Historic Ships Association for the 2018 funding year. City Council approved the
recommendation at the July 19, 2017 Council Meeting and the $66,000 allocation was included in the
2018 Budget adopted by Ordinance No. 5341 on November 20, 2017.
Pursuant to BMC 2.76.100, contracts over $25,000 require Council approval.
ATTACHMENTS: Tourism Promotion Services Agreement
FISCAL IMPACTS (Include Budgeted Amount): This item has been budgeted for 2018.
STUDY SESSION AGENDA: 0 Limited Presentation ❑ Full Presentation
STUDY SESSION ACTION: ❑ Consent Agenda ❑ General Business ❑ Public Hearing
RECOMMENDED MOTION:
Move to approve Tourism Promotion Services Agreement with Bremerton Historic Ships Association
in the amount of $66,000, 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
TOURISM PROMOTION SERVICES AGREEMENT
Bremerton Historic Ships Association
The City of Bremerton ("City") and Bremerton Historic Ships
Association("Organization"), referred to collectively as the "Parties," enter into the following
Agreement for Tourism Promotion services:
L Scope: The Organization shall provide tourism promotion services for the City. Tourism
promotion shall mean activities and expenditures designed to increase tourism to the City.
Tourism promotion activities may include, but are not limited to, advertising, publicizing, or
otherwise distributing information for the purpose of attracting and welcoming tourists to the City.
The Organization shall provide to the City a work plan attached hereto as Exhibit A setting forth
its goals and objectives for successful tourism promotion. The event(s) promoted by Organization
must occur within the agreement Term, unless otherwise agreed to in writing by the City.
II. Term: This agreement shall commence on January 1, 2018 and shall continue in full force
and effect until December 31, 2018 unless terminated earlier pursuant to Section IX of this
Agreement.
III. Compensation: In consideration of the services provided pursuant to this Agreement City
shall pay the Organization an amount not to exceed Sixty -Six Thousand Dollars ($66,000.00) for
Tourism Promotion services. However, funding for this Agreement is subject to the actual
Hotel/Motel Tax funds received by the City. If Hotel/Motel Tax receipts are lower than budgeted
funding may be decreased.
The Organization shall submit quarterly billing invoices showing the period and services
performed by the Organization during the quarter. Upon receipt of a conforming billing invoice,
the City shall promptly process payment. If a billing invoice does not conform to this Agreement,
the City may withhold payment until the invoice is brought into compliance. Such withholding
does not relieve the Organization of its obligations under this Agreement. Failure by the
Organization to submit all conforming billing invoices by January 15a' after the expiration of this
Agreement may result in the forfeiture of remaining unbilled compensation.
The Organization shall not perform work beyond the Scope of Work, nor shall be
compensated for such work, unless the Scope of Work or amount of compensation is modified
pursuant to this Agreement.
IV. Relationship of Parties: The Organization represents that it is skilled in the matters
addressed in the Scope of Work and is performing independent functions and responsibilities
within its field of expertise. The Organization and its personnel are independent contractors and
not employees of the City. The Organization and its personnel have no authority to bind the City
or to control the City's employees and other contractors. None of the benefits provided by the
City to its employees, including, but not limited to, compensation, insurance, and unemployment
insurance are available from the City to the employees, agents, representatives, or sub -consultants
of the Organization. Organization will be solely and entirely responsible for its acts and for the
acts of the Organization's agents, employees, representatives and sub -consultants during the
Bremerton/BHSA
Page 1 of 7
performance of this Agreement. The City may, during the term of this Agreement, engage other
independent contractors to perform the same or similar work.
As an independent contractor, the Organization is responsible for its own management.
The City's administration and enforcement of this Agreement shall not be deemed an exercise of
managerial control over Organization or its personnel.
As an independent contractor, Organization is responsible for payment of all taxes and
licensing fees necessary to perform its obligations under this Agreement. These taxes and fees
include but are not limited to State industrial insurance, Business & Occupation, State professional
licensing, and City business licensing. If any taxes or fees due the City have been declared
delinquent, the City may withhold the delinquent amount, plus any additional charges arising from
the delinquency, from any payments due Organization.
V. Indemnification: Organization shall defend, indemnify and hold the City, its officers,
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages,
losses or suits, including all legal costs and attorney fees, arising out of or in connection with the
performance of this Agreement, except for that portion of the injuries and damages caused by the
City's sole negligence.
The City's review or acceptance of any of the work when completed shall not be grounds
to avoid any of these covenants of indemnification.
The provisions of this section shall survive the expiration or termination of this Agreement.
VI. Insurance: Prior to and during the performance of the work covered by this Agreement,
Organization shall provide the Risk Manager for the City with evidence that it has obtained and
maintains in full force and effect during the term of this Agreement comprehensive general liability
insurance coverage of at least $500,000.00 per occurrence. In the event Organization organizes,
promotes or sponsors an event involving the sale or consumption of food or alcoholic beverages,
Organization shall also provide evidence that it has obtained products liability and liquor liability
insurance of at least $500,000.00 per occurrence, for each event. The City shall be named as
additional insured and it shall be an affirmative obligation upon Organization to advise the City's
Risk Manager by fax at (360) 473-5161, or by certified mail, return receipt requested to City of
Bremerton, attn: Risk Management, 345 6th Street, Suite 100, Bremerton, WA 98337 within two
days of the cancellation, suspension or substantive change of any insurance policy set out herein,
and failure to do so shall be construed to be a breach of this Agreement.
The Organization's insurance shall be primary and non-contributory insurance as respects
the City and shall contain a waiver of subrogation against the City for claims arising out of any
operations, liabilities and obligations to which coverage applies.
Bremerton/BHSA
Page 2 of 7
VII. General Conditions:
A. Reports and Information: When requested by the City, Organization shall furnish periodic
reports and documents on matters covered by this Agreement. The reports and documents shall
be furnished in the time and form requested. Organization shall maintain accounting records in
accordance with Generally Accepted Accounting Principles (GAAP) to substantiate all billed
amounts.
B. Work Performed at Organization's Risk: Organization shall take all precautions necessary and
shall be responsible for the safety of its employees, agents, and sub -consultants in the performance
of the work hereunder and shall utilize all protection necessary for that purpose. All work shall be
done at Organization's own risk, and Organization shall be responsible for any loss of or damage
to materials, tools, or other articles used or held for use in connection with the work.
C. Place of Work: The Organization shall perform the work authorized under this Agreement at
its offices in Bremerton, Washington. Any necessary meetings with the City staff shall take place
at the City's offices, or at locations mutually agreed upon by the parties.
D. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement between
the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that
have not been set forth in the text of this Agreement.
E. Severability: Should any part of this Agreement be found void, the balance of the Agreement
shall remain in full force and effect.
F. Modification: This Agreement may only be modified by written instrument signed by both
Parties.
G. Written Notices: All communications regarding this Agreement shall be sent to the parties at
the addresses listed below by registered or 1 st class mail, or by personal service, and shall be
deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such
other address as may be hereafter specified in writing.
City Address Organization Address
City Clerk John Hanson
3456 Ih Street, Suite 100 300 Washington Beach Avenue
Bremerton, WA 98337 Bremerton, WA 98337
H. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a waiver of
that provision. Waiver of any right or power arising out of this Agreement shall not be deemed
waiver of any other right or power.
L Non -Waiver of Breach: The failure of the City to insist upon strict performance of any of the
covenants and agreements contained herein, or to exercise any option herein conferred in one or
more instances shall not be construed to be a waiver or relinquishment of said covenants,
agreements or options, and the same shall be and remain in full force and effect.
Bremerton/BHSA
Page 3 of 7
J. Compliance with Laws: Organization shall comply with all applicable Federal, State, and local
laws in performing its obligations under this Agreement.
K. Choice of Law and Venue: This Agreement shall be interpreted according to the laws of the
State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall
be brought in Kitsap County Superior Court.
L. Attorneys' Fees: In the event of litigation to enforce any of the terms or provisions herein, each
party shall pay all its own costs and attorney's fees.
M. Assignment: Any assignment of this agreement by the Organization without the written
consent of the City shall be void.
VIII. Nondiscrimination: Organization shall not discriminate in employment or services to the
public on the basis of race, color, national origin, sex, religion, age, marital status, sexual
orientation or disability, except for employment actions based on bona fide occupational
qualification.
IX. Termination: This Agreement may be terminated by either party for convenience upon
thirty (30) days written notice to the other party, or for cause if either party fails substantially to
perform through no fault of the other and does not commence correction within five (5) days of
written notice and diligently completes the correction thereafter. Upon such termination, City will
be entitled to reports showing the status of all services Organization is providing to the City as of
the effective date of termination.
X. Termination of Other Contracts. This Agreement shall supersede all prior Agreements
between the parties relating to the use of Hotel/Motel Tax.
CITY OF BREMERTON BREMERTON HISTORIC SHIPS
ASSOCIATION
By: Greg Wheeler
its: Mayor
Date:
Approved as to form:
Bremerton City Attorney
Bremerton/BHSA
Page 4 of 7
By:_
its:
Date:
Attest:
City Clerk
EXHIBIT A
Scone of Services
1.
1 Print and distribute new USS Turner
$25,000
The additional pamphlets to
Joy marketing pamphlets. Expand
be printed in spring 2018.
current distribution to all ferries.
The current distribution will
Printing 175,000 pamphlets cost
renew March 2018.
$5000, expansion to all ferries adds
$4,000 to last year's totals.
Distribution costs $14,000 Ferry TV
ads (Bainbridge Island/Bremerton),
$2,000
2.
1 Seattle Premier Attractions.
$4,600
Dues paid at beginning of
Featured as an attraction in SPA full-
each year. Currently
color brochure distributed all over the
located on
Pacific NW plus SPA website.
seattleattractions.com
3.
1 Memberships to Seattle Visitors
$600
Spring 2018
Bureaus & Concierge
4.
1 Television commercials and Media
$20,000
First ads began running last
ad buys (KING 5, KOMO 4, Comcast
year. Currently running
cable).
after hours on KONG and
24 hours a day in Seattle
This year's "free advertising" due to
ferry terminal and on South
Lake Union locks trip has delayed
Sound Ferries.
our TV spots to summer/fall.
2018 will feature new
New TV ad to promote: "Stay in
commercial and begin in
Bremerton"
late spring.
Actors' image contracts expire in late
2017, requiring a new TV commercial
and will focus more on hotels.
5.
2 Washington State Association of
$1,000
May 2018
Senior Centers Conference. USS
Turner Joy and Bremerton featured
as senior destination.
http://www.wsasc.org/conference
Bremerton/BHSA
Page 5 of 7
6. 2 Iceland Air Mid -Atlantic tradeshow. $1,000 January 2018
ALL travel expenses will be paid by
BHSA. Lodging tax funds will only be
used to pay for the booth registration.
7. 2
8. 2
10. 2
11. 2
12.
13.
14.
15.
3
3
3
3
Historic Naval Ship Association
conference. The largest Naval Ship
conference in the United States.
Funds for marketing the conference
in military publications.
USS Turner Joy Shipmate reunion.
The reunion will attract visitors from
throughout the United States. The
funds will be used to advertise to "Tin
Can Sailors" and former shipmates.
Visit Seattle Visitor guide envelope
mailers. 35,000 visitor guides are
mailed by Visit Seattle annually.
USS Turner Joy brochure would be
included in the mailing. This
campaign focuses entirely on out of
state tourists.
Attract China — translates all USS
Turner Joy and City of Bremerton
materials to Chinese language and
posts on social media sites in China
(e.g. Baidu (google), renen.com
(facebook), weibo.com (twitter)).
Highway and boardwalk signage.
Washington State DOT requires
annual fees and maintenance for
signage along Highway 3 and 16.
Google Ad Words
Social Media
Hampton Inn in -room advertising
Hootsuite and Constant Contact to
Bremerton/BHSA
Page 6 of 7
$2,000 January 2018
$2,000 January 2018
$3,000 January 2018
1,200 January 2018
$800 Spring 2018
$500 Throughout 2018
$1,000 Facebook advertising to
improve traffic and
impressions. January 2018
$100 Summer 2018
$1200 January 2018
distribute our newsletter and "push"
social media to Twitter, Facebook,
Pinterest and Instagram
Bremerton/BHSA
Page 7 of 7
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
A17
SUBJECT: Tourism Promotion Services Study Session Date: February 14, 2018
Agreement with Bremerton Chamber of COUNCIL MEETING Date: February 21, 2018
Commerce Department: City Clerk
Presenter: Shannon Corin
Phone: (360) 473-5323
SUMMARY: The Lodging Tax Advisory Committee recommended $32,000 be allocated to
Bremerton Chamber of Commerce for the 2018 funding year. City Council approved the
recommendation at the July 19, 2017 Council Meeting and the $32,000 allocation was included in the
2018 Budget adopted by Ordinance No. 5341 on November 20, 2017.
Pursuant to BMC 2.76.100, contracts over $25,000 require Council approval.
ATTACHMENTS: Tourism Promotion Services Agreement
FISCAL IMPACTS (Include Budgeted Amount): This item has been budgeted for 2018.
STUDY SESSION AGENDA: 0 Limited Presentation ❑ Full Presentation
STUDY SESSION ACTION: ❑ Consent Agenda ❑ General Business ❑ Public Hearing
RECOMMENDED MOTION:
Move to approve Tourism Promotion Services Agreement with Bremerton Chamber of Commerce in
the amount of $32,000, 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
TOURISM PROMOTION SERVICES AGREEMENT
Bremerton Chamber of Commerce
The City of Bremerton ("City") and Bremerton Chamber of Commerce ("Organization"),
referred to collectively as the "Parties," enter into the following Agreement for Tourism Promotion
services:
L Scope: The Organization shall provide tourism promotion services for the City. Tourism
promotion shall mean activities and expenditures designed to increase tourism to the City.
Tourism promotion activities may include, but are not limited to, advertising, publicizing, or
otherwise distributing information for the purpose of attracting and welcoming tourists to the City.
The Organization shall provide to the City a work plan attached hereto as Exhibit A setting forth
its goals and objectives for successful tourism promotion. The event(s) promoted by Organization
must occur within the agreement Term, unless otherwise agreed to in writing by the City.
II. Term: This agreement shall commence on January 1, 2018 and shall continue in full force
and effect until December 31, 2018 unless terminated earlier pursuant to Section IX of this
Agreement.
III. Compensation: In consideration of the services provided pursuant to this Agreement City
shall pay the Organization an amount not to exceed Thirty -Two Thousand Dollars ($32,000.00)
for Tourism Promotion services. However, funding for this Agreement is subject to the actual
Hotel/Motel Tax funds received by the City. If Hotel/Motel Tax receipts are lower than budgeted
funding may be decreased.
The Organization shall submit monthly billing invoices, by the 15th of the month, detailing
how activities and services performed by the Organization during the preceding month have
specifically promoted tourism in the City of Bremerton including measurable results. Upon receipt
of a conforming billing invoice, the City shall promptly process payment. If a billing invoice does
not conform to this Agreement, the City may withhold payment until the invoice is brought into
compliance. Such withholding does not relieve the Organization of its obligations under this
Agreement. Failure by the Organization to submit all conforming billing invoices by January 15th
after the expiration of this Agreement may result in the forfeiture of remaining unbilled
compensation.
The Organization shall not perform work beyond the Scope of Work, nor shall be
compensated for such work, unless the Scope of Work or amount of compensation is modified
pursuant to this Agreement.
IV. Relationship of Parties: The Organization represents that it is skilled in the matters
addressed in the Scope of Work and is performing independent functions and responsibilities
within its field of expertise. The Organization and its personnel are independent contractors and
not employees of the City. The Organization and its personnel have no authority to bind the City
or to control the City's employees and other contractors. None of the benefits provided by the
City to its employees, including, but not limited to, compensation, insurance, and unemployment
insurance are available from the City to the employees, agents, representatives, or sub -consultants
Bremerton/Bremerton Chamber
Page 1 of 4
of the Organization. Organization will be solely and entirely responsible for its acts and for the
acts of the Organization's agents, employees, representatives and sub -consultants during the
performance of this Agreement. The City may, during the term of this Agreement, engage other
independent contractors to perform the same or similar work.
As an independent contractor, the Organization is responsible for its own management.
The City's administration and enforcement of this Agreement shall not be deemed an exercise of
managerial control over Organization or its personnel.
As an independent contractor, Organization is responsible for payment of all taxes and
licensing fees necessary to perform its obligations under this Agreement. These taxes and fees
include but are not limited to State industrial insurance, Business & Occupation, State professional
licensing, and City business licensing. If any taxes or fees due the City have been declared
delinquent, the City may withhold the delinquent amount, plus any additional charges arising from
the delinquency, from any payments due Organization.
V. Indemnification: Organization shall defend, indemnify and hold the City, its officers,
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages,
losses or suits, including all legal costs and attorney fees, arising out of or in connection with the
performance of this Agreement, except for that portion of the injuries and damages caused by the
City's sole negligence.
The City's review or acceptance of any of the work when completed shall not be grounds
to avoid any of these covenants of indemnification.
The provisions of this section shall survive the expiration or termination of this Agreement.
VI. Insurance: Prior to and during the performance of the work covered by this Agreement,
Organization shall provide the Risk Manager for the City with evidence that it has obtained and
maintains in full force and effect during the term of this Agreement comprehensive general liability
insurance coverage of at least $500,000.00 per occurrence. In the event Organization organizes,
promotes or sponsors an event involving the sale or consumption of food or alcoholic beverages,
Organization shall also provide evidence that it has obtained products liability and liquor liability
insurance of at least $500,000.00 per occurrence, for each event. The City shall be named as
additional insured and it shall be an affirmative obligation upon Organization to advise the City's
Risk Manager by fax at (360) 473-5161, or by certified mail, return receipt requested to City of
Bremerton, attn: Risk Management, 345 6th Street, Suite 100, Bremerton, WA 98337 within two
days of the cancellation, suspension or substantive change of any insurance policy set out herein,
and failure to do so shall be construed to be a breach of this Agreement.
The Organization's insurance shall be primary and non-contributory insurance as respects
the City and shall contain a waiver of subrogation against the City for claims arising out of any
operations, liabilities and obligations to which coverage applies.
Bremerton/Bremerton Chamber
Page 2 of 4
VII. General Conditions:
A. Reports and Information: When requested by the City, Organization shall furnish periodic
reports and documents on matters covered by this Agreement. The reports and documents shall
be furnished in the time and form requested. Organization shall maintain accounting records in
accordance with Generally Accepted Accounting Principles (GAAP) to substantiate all billed
amounts.
B. Work Performed at Organization's Risk: Organization shall take all precautions necessary and
shall be responsible for the safety of its employees, agents, and sub -consultants in the performance
of the work hereunder and shall utilize all protection necessary for that purpose. All work shall be
done at Organization's own risk, and Organization shall be responsible for any loss of or damage
to materials, tools, or other articles used or held for use in connection with the work.
C. Place of Work: The Organization shall perform the work authorized under this Agreement at
its offices in Bremerton, Washington. Any necessary meetings with the City staff shall take place
at the City's offices, or at locations mutually agreed upon by the parties.
D. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement between
the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that
have not been set forth in the text of this Agreement.
E. Severability: Should any part of this Agreement be found void, the balance of the Agreement
shall remain in full force and effect.
F. Modification: This Agreement may only be modified by written instrument signed by both
Parties.
G. Written Notices: All communications regarding this Agreement shall be sent to the parties at
the addresses listed below by registered or 1 st class mail, or by personal service, and shall be
deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such
other address as may be hereafter specified in writing.
City Address
City Clerk
3456 Ih Street, Suite 100
Bremerton, WA 98337
Organization Address
Gena Wales, President/CEO
286 4th Street
Bremerton WA 98337
H. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a waiver of
that provision. Waiver of any right or power arising out of this Agreement shall not be deemed
waiver of any other right or power.
L Non -Waiver of Breach: The failure of the City to insist upon strict performance of any of the
covenants and agreements contained herein, or to exercise any option herein conferred in one or
more instances shall not be construed to be a waiver or relinquishment of said covenants,
agreements or options, and the same shall be and remain in full force and effect.
Bremerton/Bremerton Chamber
Page 3 of 4
J. Compliance with Laws: Organization shall comply with all applicable Federal, State, and local
laws in performing its obligations under this Agreement.
K. Choice of Law and Venue: This Agreement shall be interpreted according to the laws of the
State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall
be brought in Kitsap County Superior Court.
L. Attorneys' Fees: In the event of litigation to enforce any of the terms or provisions herein, each
party shall pay all its own costs and attorney's fees.
M. Assignment: Any assignment of this agreement by the Organization without the written
consent of the City shall be void.
VIII. Nondiscrimination: Organization shall not discriminate in employment or services to the
public on the basis of race, color, national origin, sex, religion, age, marital status, sexual
orientation or disability, except for employment actions based on bona fide occupational
qualification.
IX. Termination: This Agreement may be terminated by either party for convenience upon
thirty (30) days written notice to the other party, or for cause if either party fails substantially to
perform through no fault of the other and does not commence correction within five (5) days of
written notice and diligently completes the correction thereafter. Upon such termination, City will
be entitled to reports showing the status of all services Organization is providing to the City as of
the effective date of termination.
X. Termination of Other Contracts. This Agreement shall supersede all prior Agreements
between the parties relating to the use of Hotel/Motel Tax.
CITY OF BREMERTON
By: Greg Wheeler
its: Mayor
Date:
Approved as to form:
Bremerton City Attorney
Bremerton/Bremerton Chamber
Page 4 of 4
BREMERTON CHAMBER OF
COMMERCE
By: Gena Wales
its: President/CEO
Date:
Attest:
City Clerk
EXHIBIT A
Scope of Services
Funding will be spent on maintenance of the Chamber website, Mobile App, utilities, postage,
staffing of the Visitor Center and supplemental funding for the Armed Forces Festival.
Bremerton/Bremerton Chamber
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Tourism Promotion Services Study Session Date: February 14, 2018
Agreement with Visit Kitsap Peninsula COUNCIL MEETING Date: February 21, 2018
Department: City Clerk
Presenter: Shannon Corin
Phone: (360)473-5323
SUMMARY: The Lodging Tax Advisory Committee recommended $40,000 be allocated to Visit
Kitsap Peninsula for the 2018 funding year. City Council approved the recommendation at the July
19, 2017 Council Meeting and the $40,000 allocation was included in the 2018 Budget adopted by
Ordinance No. 5341 on November 20, 2017.
Pursuant to BMC 2.76.100, contracts over $25,000 require Council approval.
ATTACHMENTS: Tourism Promotion Services Agreement
FISCAL IMPACTS (Include Budgeted Amount): This item has been budgeted for 2018.
STUDY SESSION AGENDA: 0 Limited Presentation ❑ Full Presentation
STUDY SESSION ACTION: ❑ Consent Agenda ❑ General Business ❑ Public Hearing
RECOMMENDED MOTION:
Move to approve Tourism Promotion Services Agreement with Visit Kitsap Peninsula in the amount
of $40,000, 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
TOURISM PROMOTION SERVICES AGREEMENT
Visit Kitsap Peninsula
The City of Bremerton ("City") and Visit Kitsap Peninsula ("Organization"), referred to
collectively as the "Parties," enter into the following Agreement for Tourism Promotion services:
L Scope: The Organization shall provide tourism promotion services for the City. Tourism
promotion shall mean activities and expenditures designed to increase tourism to the City.
Tourism promotion activities may include, but are not limited to, advertising, publicizing, or
otherwise distributing information for the purpose of attracting and welcoming tourists to the City.
The Organization shall provide to the City a work plan attached hereto as Exhibit A setting forth
its goals and objectives for successful tourism promotion. The event(s) promoted by Organization
must occur within the agreement Term, unless otherwise agreed to in writing by the City.
II. Term: This agreement shall commence on January 1, 2018 and shall continue in full force
and effect until December 31, 2018 unless terminated earlier pursuant to Section IX of this
Agreement.
III. Compensation: In consideration of the services provided pursuant to this Agreement City
shall pay the Organization an amount not to exceed Forty Thousand Dollars ($40,000.00) for
Tourism Promotion services. However, funding for this Agreement is subject to the actual
Hotel/Motel Tax funds received by the City. If Hotel/Motel Tax receipts are lower than budgeted
funding may be decreased.
The Organization shall submit monthly billing invoices, by the 15th of the month, detailing
how activities and services performed by the Organization during the preceding month have
specifically promoted tourism in the City of Bremerton including measurable results. Upon receipt
of a conforming billing invoice, the City shall promptly process payment. If a billing invoice does
not conform to this Agreement, the City may withhold payment until the invoice is brought into
compliance. Such withholding does not relieve the Organization of its obligations under this
Agreement. Failure by the Organization to submit all conforming billing invoices by January 15th
after the expiration of this Agreement may result in the forfeiture of remaining unbilled
compensation.
The Organization shall not perform work beyond the Scope of Work, nor shall be
compensated for such work, unless the Scope of Work or amount of compensation is modified
pursuant to this Agreement.
IV. Relationship of Parties: The Organization represents that it is skilled in the matters
addressed in the Scope of Work and is performing independent functions and responsibilities
within its field of expertise. The Organization and its personnel are independent contractors and
not employees of the City. The Organization and its personnel have no authority to bind the City
or to control the City's employees and other contractors. None of the benefits provided by the
City to its employees, including, but not limited to, compensation, insurance, and unemployment
insurance are available from the City to the employees, agents, representatives, or sub -consultants
of the Organization. Organization will be solely and entirely responsible for its acts and for the
Bremerton/VKP
Page 1 of 4
acts of the Organization's agents, employees, representatives and sub -consultants during the
performance of this Agreement. The City may, during the term of this Agreement, engage other
independent contractors to perform the same or similar work.
As an independent contractor, the Organization is responsible for its own management.
The City's administration and enforcement of this Agreement shall not be deemed an exercise of
managerial control over Organization or its personnel.
As an independent contractor, Organization is responsible for payment of all taxes and
licensing fees necessary to perform its obligations under this Agreement. These taxes and fees
include but are not limited to State industrial insurance, Business & Occupation, State professional
licensing, and City business licensing. If any taxes or fees due the City have been declared
delinquent, the City may withhold the delinquent amount, plus any additional charges arising from
the delinquency, from any payments due Organization.
V. Indemnification: Organization shall defend, indemnify and hold the City, its officers,
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages,
losses or suits, including all legal costs and attorney fees, arising out of or in connection with the
performance of this Agreement, except for that portion of the injuries and damages caused by the
City's sole negligence.
The City's review or acceptance of any of the work when completed shall not be grounds
to avoid any of these covenants of indemnification.
The provisions of this section shall survive the expiration or termination of this Agreement.
VI. Insurance: Prior to and during the performance of the work covered by this Agreement,
Organization shall provide the Risk Manager for the City with evidence that it has obtained and
maintains in full force and effect during the term of this Agreement comprehensive general liability
insurance coverage of at least $500,000.00 per occurrence. In the event Organization organizes,
promotes or sponsors an event involving the sale or consumption of food or alcoholic beverages,
Organization shall also provide evidence that it has obtained products liability and liquor liability
insurance of at least $500,000.00 per occurrence, for each event. The City shall be named as
additional insured and it shall be an affirmative obligation upon Organization to advise the City's
Risk Manager by fax at (360) 473-5161, or by certified mail, return receipt requested to City of
Bremerton, attn: Risk Management, 345 6th Street, Suite 100, Bremerton, WA 98337 within two
days of the cancellation, suspension or substantive change of any insurance policy set out herein,
and failure to do so shall be construed to be a breach of this Agreement.
The Organization's insurance shall be primary and non-contributory insurance as respects
the City and shall contain a waiver of subrogation against the City for claims arising out of any
operations, liabilities and obligations to which coverage applies.
Bremerton/VKP
Page 2 of 4
VII. General Conditions:
A. Reports and Information: When requested by the City, Organization shall furnish periodic
reports and documents on matters covered by this Agreement. The reports and documents shall
be furnished in the time and form requested. Organization shall maintain accounting records in
accordance with Generally Accepted Accounting Principles (GAAP) to substantiate all billed
amounts.
B. Work Performed at Organization's Risk: Organization shall take all precautions necessary and
shall be responsible for the safety of its employees, agents, and sub -consultants in the performance
of the work hereunder and shall utilize all protection necessary for that purpose. All work shall be
done at Organization's own risk, and Organization shall be responsible for any loss of or damage
to materials, tools, or other articles used or held for use in connection with the work.
C. Place of Work: The Organization shall perform the work authorized under this Agreement at
its offices in Bremerton, Washington. Any necessary meetings with the City staff shall take place
at the City's offices, or at locations mutually agreed upon by the parties.
D. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement between
the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that
have not been set forth in the text of this Agreement.
E. Severability: Should any part of this Agreement be found void, the balance of the Agreement
shall remain in full force and effect.
F. Modification: This Agreement may only be modified by written instrument signed by both
Parties.
G. Written Notices: All communications regarding this Agreement shall be sent to the parties at
the addresses listed below by registered or 1 st class mail, or by personal service, and shall be
deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such
other address as may be hereafter specified in writing.
City Address
City Clerk
3456 Ih Street, Suite 100
Bremerton, WA 98337
Organization Address
Patricia Graf -Hoke
9481 Silverdale Way NW
Silverdale, WA 98383
H. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a waiver of
that provision. Waiver of any right or power arising out of this Agreement shall not be deemed
waiver of any other right or power.
L Non -Waiver of Breach: The failure of the City to insist upon strict performance of any of the
covenants and agreements contained herein, or to exercise any option herein conferred in one or
more instances shall not be construed to be a waiver or relinquishment of said covenants,
agreements or options, and the same shall be and remain in full force and effect.
Bremerton/VKP
Page 3 of 4
J. Compliance with Laws: Organization shall comply with all applicable Federal, State, and local
laws in performing its obligations under this Agreement.
K. Choice of Law and Venue: This Agreement shall be interpreted according to the laws of the
State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall
be brought in Kitsap County Superior Court.
L. Attorneys' Fees: In the event of litigation to enforce any of the terms or provisions herein, each
party shall pay all its own costs and attorney's fees.
M. Assignment: Any assignment of this agreement by the Organization without the written
consent of the City shall be void.
VIII. Nondiscrimination: Organization shall not discriminate in employment or services to the
public on the basis of race, color, national origin, sex, religion, age, marital status, sexual
orientation or disability, except for employment actions based on bona fide occupational
qualification.
IX. Termination: This Agreement may be terminated by either party for convenience upon
thirty (30) days written notice to the other party, or for cause if either party fails substantially to
perform through no fault of the other and does not commence correction within five (5) days of
written notice and diligently completes the correction thereafter. Upon such termination, City will
be entitled to reports showing the status of all services Organization is providing to the City as of
the effective date of termination.
X. Termination of Other Contracts. This Agreement shall supersede all prior Agreements
between the parties relating to the use of Hotel/Motel Tax.
CITY OF BREMERTON VISIT KITSAP PENINSULA
By: Greg Wheeler
its: Mayor
Date:
Approved as to form:
Bremerton City Attorney
Bremerton/VKP
Page 4 of 4
By: Patricia Graf -Hoke
its: Director
Date:
Attest:
City Clerk
EXHIBIT A
Scope of Services
• Bremerton will have a dedicated page on the VKP website with photos, content, and links to key
attractions.
• Bremerton tourism related event organizers will have free 24/7 access to self -post their
tourism related events, attractions and activities on VKP's Calendar using the VKP's free -
self -posting event tool.
• The City of Bremerton will be included on the new VKP 2018 Visitor Guide/Bike Map that includes
production, printing and distribution via Certified Folder, hoteliers and dozens of other locations.
• Bremerton locations will continue to be included in the Kitsap Peninsula National Water Trails Map,
the new VKP Garden Guide, and in planned brochures to promote Kitsap region museums, art
galleries, microbreweries, as well as other collateral materials.
• The City of Bremerton, hotels, attractions and other businesses will continue to be featured in a
variety of paid media as noted in the prior section of this proposal. Depending on overall funding
allocations, Bremerton may also be featured in broadcast, video and other social media marketing
efforts.
• Bremerton tourism related businesses, attractions and events may be including in the following:
the VKP website on various pages; in VKP e -Newsletter distributed to 13,000 subscribers; in the
VKP Blog; in VKP social media programs (Facebook, Twitter, etc.); and in online promotions on
the VKP website.
• Some lodging establishments will be eligible to be featured VKP co-op and paid media programs
including print and digital advertising, broadcast/video opportunities, visitor flyers, public relations
and travel articles.
• Literature about Bremerton and its tourism partners, museums, galleries, theatres, attractions,
events will be distributed to visitors, event planners, travel writers and others as requested.
AGENDA BILL
CITY OF BREMERTON A19
CITY COUNCIL
SUBJECT: Tourism Promotion Services Study Session Date: February 14, 2018
Agreement with Washington State Science & COUNCIL MEETING Date: February 21, 2018
Engineering Fair Department: City Clerk
Presenter: Shannon Corin
Phone: (360)473-5323
SUMMARY: The Lodging Tax Advisory Committee recommended $45,000 be allocated to
Washington State Science & Engineering Fair for the 2018 funding year. City Council approved the
recommendation at the July 19, 2017 Council Meeting and the $45,000 allocation was included in the
2018 Budget adopted by Ordinance No. 5341 on November 20, 2017.
Pursuant to BMC 2.76.100, contracts over $25,000 require Council approval.
ATTACHMENTS: Tourism Promotion Services Agreement
FISCAL IMPACTS (Include Budgeted Amount): This item has been budgeted for 2018.
STUDY SESSION AGENDA: x❑ Limited Presentation ❑ Full Presentation
STUDY SESSION ACTION: ❑ Consent Agenda ❑ General Business ❑ Public Hearing
RECOMMENDED MOTION:
Move to approve Tourism Promotion Services Agreement with Washington State Science &
Engineering Fair in the amount of $45,000, 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 01/02/2018
TOURISM PROMOTION SERVICES AGREEMENT
Washington State Science & Engineering Fair (WSSEF)
The City of Bremerton ("City") and Washington State Science & Engineering Fair
("Organization"), referred to collectively as the "Parties," enter into the following Agreement for
Tourism Promotion services:
L Scope: The Organization shall provide tourism promotion services for the City. Tourism
promotion shall mean activities and expenditures designed to increase tourism to the City.
Tourism promotion activities may include, but are not limited to, advertising, publicizing, or
otherwise distributing information for the purpose of attracting and welcoming tourists to the City.
The Organization shall provide to the City a work plan attached hereto as Exhibit A setting forth
its goals and objectives for successful tourism promotion. The event(s) promoted by Organization
must occur within the agreement Term, unless otherwise agreed to in writing by the City.
II. Term: This agreement shall commence on January 1, 2018 and shall continue in full force
and effect until December 31, 2018 unless terminated earlier pursuant to Section IX of this
Agreement.
III. Compensation: In consideration of the services provided pursuant to this Agreement City
shall pay the Organization an amount not to exceed Forty -Five Thousand Dollars ($45,000.00) for
Tourism Promotion services. However, funding for this Agreement is subject to the actual
Hotel/Motel Tax funds received by the City. If Hotel/Motel Tax receipts are lower than budgeted
funding may be decreased.
The Organization shall submit an invoice detailing how activities and services performed
by the Organization during the event specifically promoted tourism in the City of Bremerton
including measurable results. Upon receipt of a conforming billing invoice, the City shall
promptly process payment. If a billing invoice does not conform to this Agreement, the City may
withhold payment until the invoice is brought into compliance. Such withholding does not relieve
the Organization of its obligations under this Agreement. Failure by the Organization to submit
all conforming billing invoices by January 15'h after the expiration of this Agreement may result
in the forfeiture of remaining unbilled compensation.
The Organization shall not perform work beyond the Scope of Work, nor shall be
compensated for such work, unless the Scope of Work or amount of compensation is modified
pursuant to this Agreement.
IV. Relationship of Parties: The Organization represents that it is skilled in the matters
addressed in the Scope of Work and is performing independent functions and responsibilities
within its field of expertise. The Organization and its personnel are independent contractors and
not employees of the City. The Organization and its personnel have no authority to bind the City
or to control the City's employees and other contractors. None of the benefits provided by the
City to its employees, including, but not limited to, compensation, insurance, and unemployment
insurance are available from the City to the employees, agents, representatives, or sub -consultants
of the Organization. Organization will be solely and entirely responsible for its acts and for the
Bremerton/WSSEF
Page 1 of 4
acts of the Organization's agents, employees, representatives and sub -consultants during the
performance of this Agreement. The City may, during the term of this Agreement, engage other
independent contractors to perform the same or similar work.
As an independent contractor, the Organization is responsible for its own management.
The City's administration and enforcement of this Agreement shall not be deemed an exercise of
managerial control over Organization or its personnel.
As an independent contractor, Organization is responsible for payment of all taxes and
licensing fees necessary to perform its obligations under this Agreement. These taxes and fees
include but are not limited to State industrial insurance, Business & Occupation, State professional
licensing, and City business licensing. If any taxes or fees due the City have been declared
delinquent, the City may withhold the delinquent amount, plus any additional charges arising from
the delinquency, from any payments due Organization.
V. Indemnification: Organization shall defend, indemnify and hold the City, its officers,
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages,
losses or suits, including all legal costs and attorney fees, arising out of or in connection with the
performance of this Agreement, except for that portion of the injuries and damages caused by the
City's sole negligence.
The City's review or acceptance of any of the work when completed shall not be grounds
to avoid any of these covenants of indemnification.
The provisions of this section shall survive the expiration or termination of this Agreement.
VI. Insurance: Prior to and during the performance of the work covered by this Agreement,
Organization shall provide the Risk Manager for the City with evidence that it has obtained and
maintains in full force and effect during the term of this Agreement comprehensive general liability
insurance coverage of at least $500,000.00 per occurrence. In the event Organization organizes,
promotes or sponsors an event involving the sale or consumption of food or alcoholic beverages,
Organization shall also provide evidence that it has obtained products liability and liquor liability
insurance of at least $500,000.00 per occurrence, for each event. The City shall be named as
additional insured and it shall be an affirmative obligation upon Organization to advise the City's
Risk Manager by fax at (360) 473-5161, or by certified mail, return receipt requested to City of
Bremerton, attn: Risk Management, 345 6th Street, Suite 100, Bremerton, WA 98337 within two
days of the cancellation, suspension or substantive change of any insurance policy set out herein,
and failure to do so shall be construed to be a breach of this Agreement.
The Organization's insurance shall be primary and non-contributory insurance as respects
the City and shall contain a waiver of subrogation against the City for claims arising out of any
operations, liabilities and obligations to which coverage applies.
Bremerton/WSSEF
Page 2 of 4
VII. General Conditions:
A. Reports and Information: When requested by the City, Organization shall furnish periodic
reports and documents on matters covered by this Agreement. The reports and documents shall
be furnished in the time and form requested. Organization shall maintain accounting records in
accordance with Generally Accepted Accounting Principles (GAAP) to substantiate all billed
amounts.
B. Work Performed at Organization's Risk: Organization shall take all precautions necessary and
shall be responsible for the safety of its employees, agents, and sub -consultants in the performance
of the work hereunder and shall utilize all protection necessary for that purpose. All work shall be
done at Organization's own risk, and Organization shall be responsible for any loss of or damage
to materials, tools, or other articles used or held for use in connection with the work.
C. Place of Work: The Organization shall perform the work authorized under this Agreement at
its offices in Bremerton, Washington. Any necessary meetings with the City staff shall take place
at the City's offices, or at locations mutually agreed upon by the parties.
D. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement between
the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that
have not been set forth in the text of this Agreement.
E. Severability: Should any part of this Agreement be found void, the balance of the Agreement
shall remain in full force and effect.
F. Modification: This Agreement may only be modified by written instrument signed by both
Parties.
G. Written Notices: All communications regarding this Agreement shall be sent to the parties at
the addresses listed below by registered or 1 st class mail, or by personal service, and shall be
deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such
other address as may be hereafter specified in writing.
City Address
City Clerk
3456 Ih Street, Suite 100
Bremerton, WA 98337
Organization Address
Caroline M Stein
PO Box 2412
Silverdale, WA 98383
H. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a waiver of
that provision. Waiver of any right or power arising out of this Agreement shall not be deemed
waiver of any other right or power.
L Non -Waiver of Breach: The failure of the City to insist upon strict performance of any of the
covenants and agreements contained herein, or to exercise any option herein conferred in one or
more instances shall not be construed to be a waiver or relinquishment of said covenants,
agreements or options, and the same shall be and remain in full force and effect.
Bremerton/W SSEF
Page 3 of 4
J. Compliance with Laws: Organization shall comply with all applicable Federal, State, and local
laws in performing its obligations under this Agreement.
K. Choice of Law and Venue: This Agreement shall be interpreted according to the laws of the
State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall
be brought in Kitsap County Superior Court.
L. Attorneys' Fees: In the event of litigation to enforce any of the terms or provisions herein, each
party shall pay all its own costs and attorney's fees.
M. Assignment: Any assignment of this agreement by the Organization without the written
consent of the City shall be void.
VIII. Nondiscrimination: Organization shall not discriminate in employment or services to the
public on the basis of race, color, national origin, sex, religion, age, marital status, sexual
orientation or disability, except for employment actions based on bona fide occupational
qualification.
IX. Termination: This Agreement may be terminated by either party for convenience upon
thirty (30) days written notice to the other party, or for cause if either party fails substantially to
perform through no fault of the other and does not commence correction within five (5) days of
written notice and diligently completes the correction thereafter. Upon such termination, City will
be entitled to reports showing the status of all services Organization is providing to the City as of
the effective date of termination.
X. Termination of Other Contracts. This Agreement shall supersede all prior Agreements
between the parties relating to the use of Hotel/Motel Tax.
CITY OF BREMERTON
By: Greg Wheeler
its: Mayor
Date:
Approved as to form:
Bremerton City Attorney
Bremerton/W SSEF
Page 4 of 4
By:
its:
Date:
Attest:
City Clerk
EXHIBIT A
Scope of Services
• To continually promote and host the annual Washington State Science & Engineering
Fair (WSSEF) and Science Film Festival in the City of Bremerton.
• To develop, design, print and distribute more than 15,000 promotional materials
statewide.
• To advertise through public access television, print media, social media and in personal
outreach efforts the benefit of traveling to Bremerton, attending the WSSEF and staying
for the local tourist activities.
• To seek new outlets and journalists for feature stories in magazines and trade journals
about the WSSEF in Bremerton.
• To regularly update the direct mailing lists to all public, private and parochial schools as
well as home school student groups. Then, to use those lists to direct market the
benefits of traveling to Bremerton to attend the WSSEF. These efforts include a listing
of "Sites and Activities" in our area (parks, museums, theatres, etc.)
AGENDA BILL A20
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Reallocation of Risk Study Session Date: February 14, 2018
Management Specialist to Risk Manager; COUNCIL MEETING Date: February 21, 2018
and appropriate Budget Adjustment Department: City Attorney's Office
Presenter: Roger A. Lubovich
Phone: (360)473-2345
SUMMARY:
Proposed is a re -allocation of funds from the position of Risk Management Specialist to the position
of Risk Manager and to make the appropriate budget adjustments. The position of Risk Management
Specialist will become vacant after May 4t". A market analysis determined that the position should
be filled as a Risk Manager, which is on the City's Management and Professional pay schedule, but
is not funded in the current budget.
ATTACHMENTS: Risk Management Cost Summary
FISCAL IMPACTS (Include Budgeted Amount):
The Legal Department Expenditure Budget will be increased for Personnel $ 43,630, the Legal
Department Charges for Services Revenue Budget and Risk Management Expenditure Budget will
be increased by $34,600 each.
STUDY SESSION AGENDA: 0 Limited Presentation ❑ Full Presentation
STUDY SESSION ACTION: ❑ Consent Agenda ❑ General Business ❑ Public Hearing
RECOMMENDED MOTION: Move to:
Authorize and fund the Risk Manager position beginning April 1st and end funding of the Risk
Management Specialist May 5t"; and authorize Budget Adjustments to Increase Legal Department
Expenditure Budget for Personnel $ 43,630, Increase Legal Department Charges for Services
Revenue Budget and Risk Management Expenditure Budget by $34,600 each.
COUNCIL ACTION: ❑ Approve
Form Updated 01/02/2018
❑ Deny ❑ Table ❑ Continue ❑ No Action
City of Bremerton
Cost of Proposed Risk Manager Position
Risk Management Specialist Position - Band 12/R8 (annual cost) $ 122,962
Risk Management Manager Position - Band 16/R8 (annual cost) $ 167,474
4 Months of Risk Management Specialist $ 40,987
9 Months of Risk Management Manager $ 125,605
$ 166,592
Less Budget for Risk Management Specialist $ (122,962)
Total Expenditure Increase in Legal $ 43,630
Less Interfund Charges from Risk Management Fund $ (34,600)
Total Net Cost to General Fund $ 9,030
Budget Adjustment Summary
Increase Legal Department Expenditure Budget $ 43,630
Increase Legal Department Charges for Services Revenue Budget $ 34,600
Increase Risk Management Expenditure Budget $ 34,600
INFORMATION ONLY ITEM
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Update on the Puget Sound
Industrial Center to Belfair Sewer
Connection Project
Study Session Date: February 14, 2018
Presenter: Chal Martin
Phone: 360-473-5758
SUMMARY:
The purpose of this discussion is to bring the Council up to speed on the Puget Sound Industrial Area
(PSIC) sewer service initiative.
HANDOUTS: 1) Background; and 2) Draft Work Plan
STUDY SESSION AGENDA
Form Created 5/4/15
❑ No Presentation 0 Full Presentation
Background / Status Update
Sewer Service Extension from the Belfair Wastewater Treatment Plant
to the Puget Sound Industrial Center
Background
• The Belfair wastewater treatment plant, completed in 2012, is currently permitted for 125,000 gallons per day
• By installing membranes in the two empty basins, the plant can handle 500,000 gallons per day
• For various reasons, connections and growth have lagged projections; the system is behind financially
• In 2016, a concept was proposed that would utilize the Belfair Bypass right-of-way to extend sewer service from the Belfair
plant into the Puget Sound Industrial Center. Goals of this concept:
o Provide more sewage (and associated revenue) to the Belfair plant to better utilize its capacity
o Help restore the Belfair plant and the Belfair sewage system to financial stability
o Make sewer service available in the Puget Sound Industrial Area to build businesses and jobs
• The needs of Bremerton, the Port of Bremerton, and Mason County are generally aligned in these goals; further, the sewer
capacity of the Belfair plant matches the sewer planning factors in PSIC subarea plan
Activities to Date
• Congressman Kilmer convened a meeting in 2017 with the Port, the City and Mason County to discuss the concept and offer
assistance going forward
• Bremerton and Mason County have signed an interlocal agreement to create a partnership
• Mason County successfully acquired $515,000 through the State Capital Budget to initiate system design work
• Bremerton has programmed $1 million for the design effort ($400,000 in 2018)
• A draft work plan has been circulated and reviewed at the staff level; Mason County will formally approve
• Mason County is developing a contract with FCS Group (with Bremerton participation) to provide a system -wide financial
analysis which will include an analysis of the proposed PSIC extension
Other Information
• Bremerton and Mason County have differing cost estimates (Mason County $11.1 mil; Bremerton $18.9 mil)
o A range is OK at this point; larger figure should be used at this point in discussing outside funding needs
o Please note that the PSIC subarea plan prices PSIC sewer infrastructure at $35 million (2011 dollars)
• Timing for the Belfair Bypass project: design start 7/19; Right -of -Way acquisition start 8/20; Design/Right-of- Way complete
6/22; Construction start 7/22; Construction complete 3/25
o Ingoing concept: WSDOT incorporates sewer extension work as a separate bid schedule within the Belfair Bypass
construction; therefore construction funding needed by 6/22
• At Bremerton's current fee structure, 250,000 gallons per day would generate about $700,000 per year
o At Belfair's current fee structure, 250,000 gallons per day would generate $1,858,064 per year
o Current sewer treatment at Port of Bremerton is 20,000 — 25,000 gallons per day (gpd)
0 25,000 gpd equates to $70,000/yr at Bremerton's fee structure; $185,800/yr at Belfair's
• Annual payment for a $10,000,000 loan at 2% is $607,000 (assumes Public Works Trust Fund loan for 50% of project
expense with balance to come from outside funding sources)
• O&M expenses for the new pump/pipe system could be $50k - $200k / year
• O&M expenses for the Belfair System, not including debt, is $650k /year for 70,000 gpd average flow
o This equates to O&M Expenses of $1,438 per ERU. If 75% of those expenses are at the plant 25,000 gallons per day
would have plant O&M Expenses of $230,000 per year
• The debt payments (bonds and Ecology loans) for Belfair are $984,000 a year for the plant and collection system
Next Steps
• Pursue outside funding sources
• Initiate project agreements as needed among/between WSDOT, Port of Bremerton, Mason County, property owners,
businesses
• Complete the FCS Group business plan study
• Begin project design work
• Communicate — Communicate — Communicate!
Martin / chal.martin@ci.bremerton.wa.us / (360) 473-5758 / 9 February 2018
..PORT OF
DATE: JANUARY 22, 2018
PROJECT: PUGET SOUND INDUSTRIAL CENTER TO BELFAIR SEWER CONNECTION PROJECT
SUBJECT: DRAFT WORK PLAN
PART I: GOVERNANCE AND OVERSIGHT
Executive Committee
During the course of this project Mason County, the City of Bremerton, and the Port of Bremerton
will have Executive Committee meetings, as necessary, to discuss the project status and determine
steps to moving forward. The progress of the project through pre -design, design, permitting, and
construction will vary, so meetings will be set to accommodate project needs. Executive
Committee members will be the Mason County Public Works Director, District 1 Mason County
Commissioner or designee, City of Bremerton Public Works Director, City of Bremerton Mayor or
designee, Port of Bremerton Chief Executive Officer or designee, and Port of Bremerton
Commissioner or designee. These meetings will not be the same as the Technical Committee
meetings, although technical committee members may attend Executive Committee meetings.
Only the elected official from each agency or their designee will be allowed to vote on any
decisions made at these meetings.
Project Administration
The approved interlocal agreement between the City of Bremerton and Mason County designates
Mason County as the administrative lead for the project design. The Deputy Director/Utilities &
Waste Management for Mason County will be the project manager for the County. The Deputy
Director is responsible for:
1) Coordinating with other agencies and scheduling meetings
2) Bringing information and agreements to the Board of County Commissioner's (BOCC) as
needed
3) Leading the RFP review and selection processes for consultant(s) with assistance from the
technical committee
4) Reviewing consultant work and approving consultant invoices for payment
5) Providing appropriate public outreach and/or informational public meetings with the goal
of ensuring the entire project is managed in a transparent way
6) Preparing budgets for the project and presenting them to the BOCC and other agencies as
needed
7) Submitting payments and other documentation for state funding and reimbursement by
the City of Bremerton
1 I P a g e
Technical Committee
A technical committee will be created to steer the design and construction process to completion.
The committee will be made up of the following members:
• Mason County Deputy Director/Utilities & Waste Management or designee
• City of Bremerton Project Manager or designee
• Port of Bremerton Representative
• Impacted property owners
• Other representatives as needed (WSDOT, DOE, WSDOH, etc.)
The technical committee will be responsible for issuing RFPs, reviewing and selecting consultants,
and reviewing all work created for this project. Any decisions that need to be approved by the
Executive Committee will be reviewed and agreed upon by the Technical Committee first.
Project decisions that do not need Executive Committee approval will be reviewed and agreed
upon by the Technical Committee before submittal to any outside agencies. The County, City, and
Port may have more than one representative attending and participating at the meetings, but all
key decisions will only have one vote each for Mason County, the City of Bremerton, and the Port
of Bremerton. Consistent with the Interlocal Agreement, consensus between Mason County and
the City of Bremerton is required for all substantive decisions.
PART II: IMPLEMENTATION
TASK NO. 1— Design Report and General Sewer Plan Amendment
The current Belfair General Sewer Plan does not identify PSIC (Puget Sound Industrial Center) as
part of the potential Belfair Sewer System service area. The first work product for this project will
contain two primary deliverables: 1) a design report and planning -level cost estimate that will
validate the concept envisioned in the interlocal agreement, and 2) a combined general sewer plan
amendment report that will be submitted to the Department of Ecology for review and approval.
This report will also form the basis for the NEPA/SEPA process. All environmental and
administrative processes associated with the PSIC to Belfair Sewer Connection Project must
adhere to federal processes to ensure the project is eligible for federal funding sources. Once this
document has gone through NEPA/SEPA and been approved by Ecology, final design for the
project can begin. Steps for Task 1 include:
1) Create draft consultant RFP for work — Deputy Director
2) Review draft RFP—Technical Committee
3) Public outreach of draft RFP; coordination with PSIC property owners — Deputy Director
4) Approve final RFP —Technical Committee
5) Issue consultant RFP and receive proposals — Mason County
6) Review RFPs, interview consultants, and rank consultants —Technical Committee
7) Approve consultant selection — Executive Committee
8) Negotiate selected consultant scope and contract — Deputy Director
9) Approve Consultant Scope of Work and Price — Mason County and City of Bremerton
10) Work with consultant on design report, planning -level cost estimate, and combined general
sewer plan amendment—Technical Committee
21
11) Identify proposed project alignment, including alignment through private property and
Port -owned property — Task 1 Consultant & Technical Committee
12) Approve deliverables — Executive Committee
13) Submit final report to Ecology for approval and SEPA/NEPA to Mason County and City of
Bremerton — Deputy Director
TASK NO. 2 — Completion of Final Design Plans and Specifications
Task 2 can begin once Task 1 is completed and approved. Substantial coordination with WSDOT's
Belfair Sewer Bypass project is envisioned at this point. Ideally the completed and approved plans
would be incorporated into the bypass project through an interlocal agreement between WSDOT,
Mason County, and the City of Bremerton. The design consultant for Task 2 would not necessarily
be the one completing Task 1, but the project agencies reserve the option of contracting with the
Task 1 consultant if they feel that is best for the project. The plans would also need to go through
all the necessary permitting by local, state, and federal agencies. Steps for Task 2 include:
1) Create draft consultant RFP for work — Deputy Director
2) Review draft RFP and approve final RFP —Technical Committee
3) Issue consultant RFP and receive proposals — Mason County
4) Review RFPs, interview consultants, and rank consultants — Technical Committee
5) Approve consultant selection — Executive Committee
6) Negotiate selected consultant scope and contract — Deputy Director
7) Approve Consultant Scope of Work and Price — Mason County and City of Bremerton
8) Work with consultant and WSDOT on final design — Technical Committee
9) Approve final design —Technical and Executive Committee
10) Submit final plans and specs to appropriate agencies for approval — Deputy Director
TASK NO. 3 — Construction Financing
The capital budget appropriation and the City of Bremerton's allocated funds should be sufficient
to complete Task 1 and 2. Additional funding will be needed for construction. Task 3 is focused on
securing enough funding to complete construction of the project. Task 3 has already begun and
will continue as Tasks 1 and 2 are on-going. Steps for Task 3 include:
1) Make recommendation on construction administration —Technical Committee
2) Identify potential construction funding sources —Technical Committee
3) Review and make recommendations on potential funding sources —Technical Committee
4) Approve project funding types — Executive Committee
5) Complete necessary funding applications —Technical Committee
6) Approve all funding applications — BOCC and Bremerton City Council
7) Submit all approved funding applications — Deputy Director
8) Supply supplemental information as needed to funding agencies —Technical Committee
9) Complete necessary paperwork for awarded funding — Mason County
TASK NO. 4 — Project Construction (WSDOT Bid)
Task 4 assumes Tasks 1, 2, and 3 have been completed. This task assumes that the project would
be bid in conjunction with the Belfair Bypass Project so WSDOT would be the lead agency for the
contract. Task 4 steps would be:
1) Approve interlocal agreement between WSDOT, Mason County, and City of Bremerton on
construction of project — Mason County BOCC and Bremerton City Council
31
2) If a Construction Consultant is to be hired complete RFP and hiring process — Executive and
Technical Committee
3) Submit approved plans and specifications to WSDOT for inclusion into their project —
Deputy Director
4) Assist WSDOT with any bidding questions — Deputy Director and Design Consultant
5) Review sewer project portion of bids —Technical Committee
6) Make bid recommendation (if needed) —Technical Committee
7) Approve sewer portion of construction bid — Executive Committee
8) Review contractor submittals and schedule —Technical Committee and/or Construction
Consultant
9) Complete construction inspection — Local agency representatives or Construction
Consultant
10) Approve contractor invoices — Technical Committee or Construction Consultant
11) Approve contractor work — Executive Committee
Note: If the construction of this project is accelerated ahead of the Belfair Bypass Project
construction, Task 4 would need modification.
Task 5: Business Plan Formulation
A business plan will need to be developed to address the issues listed below, and likely additional
issues as well. It is anticipated that the Task 1 Consultant will be assigned this task:
1) Ownership of system components
2) Operational responsibilities
3) Maintenance responsibilities
4) Estimate of expected system revenues and expenses
5) Timeline estimate for system buildout
6) Assignment of revenues and expenses to system owner(s)
7) Develop draft business plan —Technical Committee
8) Approval of draft business plan — Executive Committee
9) Finalize business plan —Task 1 consultant
10) Implement business plan — Executive Committee and appropriate legal instruments
adopted by legislative/governing bodies of Mason County, the City of Bremerton and the
Port of Bremerton (if indicated)
a
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Public Hearing and Ordinance
No. to amend Bremerton Municipal
Code Title 20 entitled "Land Use"
Study Session Date:
COUNCIL MEETING Date:
Department:
Presenter:
Phone:
February 14, 2018
February 21, 2018
DCD
Garrett Jackson
(360) 473-5289
SUMMARY: The action before Council is to conduct a public hearing and adopt an Ordinance
amending BMC Title 20 as follows:
1. Revise Land Division section to modify Final Formal Subdivision approval process to an
administrative Directors decision; and
2. Revise Definitions section description for: Minimum Density, Medical Laboratory, Satellite
Parking, Transportation Facility, and Worship & Religious Facility.
ATTACHMENTS:
• Ordinance No.
Exhibit A: Planning Commission Findings and Conclusions
• Staff Memo
Attachment I: Planning Commission Meeting Minutes from the Workshop held on
November 28, 2017, and the Public Hearing held on January 22, 2018
FISCAL IMPACTS (Include Budgeted Amount): None
STUDY SESSION AGENDA: ❑ Limited Presentation x❑ Full Presentation
STUDY SESSION ACTION: ❑ Consent Agenda ❑ General Business 0 Public Hearing
RECOMMENDED MOTION:
Move to pass Ordinance No. to adopt text amendments to Bremerton Municipal Code
Chapters 20.02, 20.12, and 20.42.
COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action
Form Updated 01/02/2018
DEPARTMENT OF
COMMUNITY DEVELOPMENT
MEMORANDUM
To: City Council
From: Garrett Jackson, Planner II
Date: February 5, 2018
Subject: Zoning Code Amendments related to Final Formal Subdivision & Definitions
EXECUTIVE SUMMARY
The Planning Commission has unanimously recommended that the City Council review and approve
the proposed Ordinance in order to make changes to the Bremerton Municipal Code related to land
use issues, as follows:
• Subdivision section: Revise process for final formal subdivisions from a City Council decision
to an administrative Director decision.
• Definitions section: Revise definitions for minimum density, medical laboratory, satellite
parking, transportation facility, and worship & religious facilities.
SUBDIVISIONS
State law SB 5674, enacted in July of 2017, enables cities to now adopt a simplified route to the final
formal subdivision approval process. A formal subdivision is the term used when a proposed
subdivision creates ten or more lots; as opposed to a short subdivision which creates nine or fewer
lots and whose process is not as heavily regulated. A final formal subdivision is the final step in a
phased permit review which includes the following process:
i. Pre -submittal Conference — the most preliminary of submittals, the pre -submittal conference
provides an informal setting where staff offers general guidance to the applicant.
ii. Formal Preliminary Plat — the most intensive application in the phased review, the formal
preliminary plat is reviewed by Staff for code compliance, reviewed by other jurisdictional
stakeholders, a public review & comment period is provided, a public hearing takes place,
and a decision to approve/deny/or conditionally approve the permit is provided by an
independent arbitrator known as the Hearings Examiner.
iii. Site Development — the first permit which potentially grants the applicant to perform work
onsite, the site development permit is a construction permit to install the infrastructure
required to support the plat: roads, utilities, necessary environmental mitigation, etc.
iv. Final Formal Plat — the last application in the phased review, and the only phase proposed
to be revised at this time, with the final formal plat application Staff ensures that all required
infrastructure to support the plat has been installed and conditions of preliminary plat permit
are met. Prior to the change in State law, the City Council was required to approve all formal
subdivisions. This can sometimes be problematic as pursuant to RCW 58.17.140, final plats
must be approved, disapproved, or returned to the applicant within 30 days of filing; this is a
challenging schedule to review the permit for compliance and then coordinate with the City
Council schedule. Given the amount of vetting already applied to the project, and the time
and capital spent installing necessary infrastructure, an administrative decision for final
formal subdivisions seems to be the most appropriate level of review at this stage of the
phased review process. The proposed revision is consistent with Comprehensive Plan goal
H4(D), which encourages efficient permit review by eliminating unnecessary regulatory
impediments, improving certainty in development regulations, and providing an expedited
permit process.
Please note, the subdivision section is also proposed to be updated to remove the word mylar from
the code. Mylar is a paper substitute made of a clear polyester/plastic film and is generally used for
archived documents. The Recording Office of the Kitsap County Auditior previously required all final
plats be submitted on this type of material, but no longer has this requirement; as such there is no
need for the City to require mylar or its added expense.
DEFINITIONS
Planning Commission is proposing revisions to selected descriptions of the Definitions chapter of the
zoning code; this chapter contains definitions only that are meant to supplement the remainder of
the zoning code. Here is a summary of the proposed changes:
• Density, minimum: suggested to be revised in order to conform to densities identified in the
Comprehensive Plan. The Comprehensive Plan represents the City's long term planning
goals whereas the Zoning Code is intended as the regulatory tool used to implement those
goals; the proposed changes ensure there is no potential conflict between the two
documents. Minimum density is not to be confused with gross density or net acres, as no
changes are proposed to those definitions. This revision is consistent with Comprehensive
Plan goal H4(F), which promotes increased housing density to provide a broader customer
base for more affordable public services including utilities.
• Medical laboratory. suggested to be removed as the term is not utilized elsewhere in the
code, and proposed uses could be defined as a "medical office or clinic" which is a defined
use utilized throughout the code. This revision is consistent with Comprehensive Plan goal
H4(D).
• Parking, satellite: suggested to be revised to relax existing standards and clarify referenced
code section. This revision is consistent with Comprehensive Plan goal H4(D).
• Transportation facility: suggested to be revised to clarify the intended publicly controlled
nature of such facilities.
• Worship and religious facility: suggested to be revised in order to include uses typically
associated with worship and religious facilities. This revision is consistent with
Comprehensive Plan goal H4(D).
0 Page 2
Staff Memo Attachment 1:
Planning Commission Minutes,
Workshop November 28, 2017 (Approved)
Hearing January 22, 2018 (Draft)
Attachment I
CITY OF BREMERTON
PLANNING COMMISSION
MINUTES OF REGULAR MEETING
November 28, 2017
CALL TO ORDER:
Chair Wofford called the regular meeting of the Bremerton Planning Commission to order at 5:30 p.m.
ROLL CALL
Commissioners Present Staff Present
Chair Wofford Allison Satter, Senior Planner, Department of Community Development
Vice Chair Tift Garrett Jackson, Planner, Department of Community Development
Commissioner Conley
Commissioner Goodnow
Commissioner Jones
Commissioner Nerf
Commissioner Strube
Quorum Certified
ELECTION OF OFFICERS
COMMISSIONER WOFFORD NOMINATED COMMISSIONER TIFT TO SERVE AS CHAIR PERSON FOR
2018. COMMISSIONER NERF SECONDED THE NOMINATION. THERE WERE NO OTHER NOMINATIONS,
AND THE COMMISSIONERS VOTED UNANIMOUSLY TO SUPPORT COMMISSIONER TIFT TO SERVE AS
CHAIR OF THE COMMISSION IN 2018.
COMMISSIONER STRUBE NOMINATED COMMISSIONER WOFFORD TO SERVE AS VICE CHAIR PERSON
FOR 2018. COMMISSIONER JONES SECONDED THE NOMINATION. THERE WERE NO OTHER
NOMINATIONS, AND THE COMMISSIONERS VOTED UNANIMOUSLY TO SUPPORT COMMISSIONER
WOFFORD TO SERVE AS VICE CHAIR OF THE COMMISSION IN 2018.
APPROVAL OF AGENDA
CHAIR WOFFORD MOVED THAT ITEM VH.0 (ADOPTION OF BYLAW REVISIONS) BE MOVED TO
FOLLOW ITEM IV (APPROVAL OF AGENDA). VICE CHAIR TIFT SECONDED THE MOTION, WHICH
CARRIED UNANIMOUSLY.
COMMISSIONER GOODNOW MOVED TO APPROVE THE AGENDA AS AMENDED. COMMISSIONER
CONLEY SECONDED THE MOTION, WHICH CARRIED UNANIMOUSLY.
ADOPTION OF BYLAW REVISIONS
Attachment I
Ms. Satter explained that the proposed change to the Commission's ByLaws would move the regular meeting dates from the
third Tuesday of each month to the third Monday of each month. If approved, January and February would be the only
months in 2018 that would conflict with holidays.
COMMISSIONER GOODNOW MOVED TO APPROVE THE BYLAWS AS WRITTEN. COMMISSIONER
STRUBE SECONDED THE MOTION.
Ms. Satter said staff is requesting that the January 15th meeting be moved to January 22nd to accommodate the Martin Luther
King holiday. The Commissioners voiced support and agreed the change in January.
THE MOTION TO AMEND THE BYLAWS WAS UNANIMOUSLY APPROVED.
APPROVAL OF MINUTES
COMMISSIONER GOODNOW MOVED TO APPROVE THE MINUTES OF OCTOBER 17, 2017 AS
PRESENTED. COMMISSIONER JONES SECONDED THE MOTION, WHICH CARRIED UNANIMOUSLY.
PUBLIC MEETING
Call to the Public (public comments on any item not on the agenda)
Vice Chair Tift asked if there were any comments from citizens. Hearing none, he closed the public portion of the meeting.
Public Workshop: Zoning Code Amendments — Subdivisions and Definitions
Mr. Jackson explained that the proposed amendments would revise the final formal subdivision process to be more efficient,
as well as select definitions to provide better clarity. He reviewed that in July 2017 State Law SB 5674 revised the legal
process required to approve formal subdivisions from a local legislative process (City Council) to a local administrative
decision (Director). He clarified that a "formal subdivision" means the division of land into 10 or more lots. Subdivisions of
9 or fewer lots is a "short subdivision." Short subdivisions are less regulated and formal subdivisions require more rigorous
public interaction. He provided an example of two existing lots in the Bay Vista Subarea Plan that are proposed to be
subdivided into 52 lots.
Mr. Jackson reviewed that the formal subdivision process is front loaded to have all of the review occur in the beginning,
and having the more formalized acceptance process at the end is not very efficient considering that all of the review and
public comments have already been received. Although the proposed code change would only impact the final step in the
formal subdivision process, he walked the Commission through all four steps as follows:
• Pre -Submittal Conference Permit. At this conference, an applicant meets with representatives from City
departments (Public Works, Fire, Planning and Building) to discuss how the proposal may or may not meet City
codes. The intent is to provide the applicant with high-level feedback about all aspects of the project.
• Preliminary Plat Permit. As part of this step, an applicant is required to provide preliminary plans to address
environmental and stormwater concerns, as well as how the subdivision will meet City code requirements for lot
coverage, density, parking, etc. Any subdivision over 30 lots will require State Environmental Policy Act (SEPA)
review, which is an extra level of environmental review. Staff will provide feedback to the applicant about any
revisions that are necessary to meet City requirements, and the applicant will have an opportunity to revise the plan
accordingly before it is advertised for comments from the public, agencies and stakeholders. The Hearing
Examiner, an independent arbitrator, will host an open public hearing, and public comment received at the hearing
may require the applicant to further revise a project prior to final approval by the Hearing Examiner.
• Site Development Permit. Once the Preliminary Plat Permit has been approved by the Hearing Examiner, an
applicant must submit for a site development permit. Any infrastructure needed to "support the project (roads,
utilities, environmental concerns, etc.) must be in place before a subdivision can be approved. An applicant
Bremerton Planning Commission Minutes
November 28, 2017 — Page 2 of 8
Attachment I
typically has five years from the time of Preliminary Plat Permit approval to install all of the needed infrastructure
and then apply for final plat approval. Installed infrastructure will be inspected by the City, and state, tribal and
other jurisdictional inspections might also be required.
• Final Plat Permit. After all of the required infrastructure has been installed and the Site Development Permit is
approved, the applicant can submit application for a Final Plat Permit. City administrative staff reviews the project
once again to determine if it has met all of the conditions of the Preliminary Plat Permit and all of the infrastructure
has been installed correctly prior to issuance of a Final Plat Permit. Currently, the Final Plat Permit is approved by
the City Council. Consistent with State Law, the proposed amendment would change this to administrative approval
by the Director.
Mr. Jackson summarized that the current Final Plat Permit process adds another level of uncertainty for proposal, as it
provides another venue to demand or deny a proposal that has already been thoroughly vetted by City staff, the public and
others with jurisdictional authority. The new State Law removes this unnecessary impediment, and the City's
Comprehensive Plan supports the effort. Staff is recommending that the proposed changes to Chapter 20.12 be considered by
the Commission and further discussed in a Public Hearing.
Mr. Jackson reviewed the proposed definitional changes as follows:
• Minimum Density. As proposed, this definition would be changed to conform with the densities identified in the
Comprehensive Plan. The proposed amendment would change the definition to read, "The minimum number of
required dwellings per net buildable acre as stated for each zone. Where not specified in a zone chapter, the
associated Comprehensive Plan land use density applies. " The change would defer to the Comprehensive Plan for
densities that have already been planned for.
• Medical Laboratory. Staff is proposing that this term be removed because it is not utilized elsewhere in the code
and would be addressed by the definition for "medical office or clinic."
Satellite Parking. As proposed, the definition would be revised to clarify and be more in line with the language in
the parking chapter that outlines how satellite parking is permitted. Satellite parking is offered as an option if an
applicant cannot fulfill the parking requirement for commercial uses on site. The current definition prohibits an
applicant from entering into a satellite parking agreement with a neighboring property owner, which would be the
most commonsense and convenient place to have satellite parking. The revised definition would read, `A parking
lot containing parking stalls required for a permitted land use which conforms to BMC 20.48.220. "
Transportation Facility. Currently, the definition is not clear whether it must be a public agency that proposes a
transportation facility, and there have been some questions about privately -held, non -publicly supported parking
lots. The intent of the amendment is to clarify that any type of transportation facility must be associated with a
public entity or approved by a public entity. As proposed, the definition would read, `A dedicated transit facility
where several transit routes converge. The transportation facility should be owned, leased or endorsed by apublic
transit authorityfor the purpose of providing public transportation services. A transportation facility is designed to
accommodate several buses or multiple modes of transit that allows users to easily transfer between transit routes
or modes. A transportation facility may provide transit passenger covered shelters and waiting areas, restrooms
and access for transit modes including buses, taxis and drop-off, and park and rides. "
Worship and Religious Facility. The current definition does not include preschools, parochial schools, daycare
facilities or major recreational facilities as potential accessory uses. The definition is intended to be more in line
with the types of accessory uses that worship facilities currently support. As proposed, the definition would read,
"A building or structure primarily intended as a place for public worship and related activities such as religious
education, meeting halls, and kitchens, or places for personal worship or meditation. It does not include vehicle or
equipment storage yards, or other functions that are not clearly a necessary or integral part of a religious
institution. "
Vice Chair Tift invited members of the public to comment on the proposed amendments, but no one stepped forward.
Bremerton Planning Commission Minutes
November 28, 2017 — Page 3 of 8
Attachment I
Commissioner Conley noted that the existing definition for Transportation Facility seems to encompass some aspects that
are not included in the proposed revision. For example, the proposed change would eliminate any mention of electrical
vehicle support. Mr. Jackson responded that electrical vehicle charging or battering changing stations would not be
excluded from Transportation Facilities, but they would not be explicitly named. Staff could consider retaining these
references as directed by the Commission, but the intent is not to differentiate between the types of parking spaces. Ms.
Satter added that electric vehicle charging and battery changing stations are allowed and even promoted as accessory uses.
However, if someone proposes a new parking lot solely for electrical vehicles, the City would require he/she to obtain
support from Kitsap Transit in order to be considered a Transportation Facility. Another option would be to locate the use in
a zone where stand-alone parking lots are allowed outright.
Vice Chair Tift clarified that, as proposed, the definition for Transportation Facility would not allow someone to demolish a
single-family home to create a parking lot. Ms. Satter confirmed that parking lots are not allowed in residential zones or in
many of the downtown zones. While they are allowed in the commercial zones, the proposed amendment would require that
they be supported by Kitsap County or a transit authority. Mr. Jackson said the intent is to ensure that uses are compatible
by requiring coordination with a public transit agency. Ms. Satter suggested it would be helpful for staff to provide a list at
the public hearing of the zones that allow Transportation Facilities. This additional information should help the
Commissioners better understand the impacts.
Commissioner Conley said he would like City codes to support electric charging stations in all zones. For example, he
could provide a charging station on his property, but someone parked on the street could use it as well. Range anxiety is a
legitimate concern for electric vehicle owners, and locations to charge do not really exist yet. Ms. Satter summarized that
staff would provide follow up information to address battery changing and electric vehicle charging stations, as well as a list
of the zones where Transportation Facilities are allowed.
Commissioner Nerf pointed out that battering changing stations and electric vehicle charging stations are very different. He
suspects that a battery changing station would be fairly industrial in nature. Commissioner Conley explained that the
leading electric vehicle company (Tesla) has the capability to do complete battery swap out within a 10 -minute timeframe.
However, no other company does this, and Tesla has put the concept on hold. He expressed his belief that a battery changing
station would not likely be practical in most parking areas. Ms. Satter said this use was discussed previously in conjunction
with electric vehicle charging stations, and it was determined to be essentially a drive-through. The use would be allowed in
zones where drive-through development standards are allowed.
Public Workshop: Affordable Housing Overview
Ms. Satter reported that she recently attended a conference titled, "Washington Housing Crisis: Problems, Solutions and the
Roe of the Law, " which was sponsored by The Seminar Group. She commented that affordable housing is a topic of
discussion in most jurisdictions and something the City needs to consider with all of its decision making. Rather than
offering a solution, her presentation to the Commission is intended to be informational to solicit feedback and to consider
how the facts she presents can be part of future discussions and decisions.
Ms. Satter explained that the lack of affordable housing is a crisis for both the community and individual households.
Affordable housing is needed to attract and keep employment opportunities and quality neighborhoods, as well as to enable
households to be self-sufficient and stable and to improve outcomes for children. The Growth Management Act (GMA)
requires that cities be responsible to house everyone and that communities plan for their share of the anticipated population
growth of all types of people. Although there is no case law or "teeth" to make sure that this happens, the City must address
this really large need.
Ms. Satter said a household should spend no more than 30% of its total income on housing costs (mortgage/rent and
utilities). Spending more than 30% is considered a housing cost burden, and spending more than 50% is considered a severe
housing cost burden. Bremerton's total household income average in 2015 was $45,658, which about $22/hour for a full-
time employee. She noted that 30% of the average household income equates to $1,142/month, and 50% equates to
$1,902/month. She provided a chart to illustrate Bremerton's rental market rates (dated November 2017), which shows that
the average rent for an apartment in Bremerton is $1,157/month, not including utilities. If the medium income person can
Bremerton Planning Commission Minutes
November 28, 2017 — Page 4 of 8
Attachment I
afford housing costs of $1,142/month, that means only $15 is available for utilities. According to the data, about 45% of the
households in Bremerton are considered cost burdened for housing.
Ms. Satter provided a graph to illustrate the rental rate trends for the last three years, noting that rates have increased each
year in all housing types. Bremerton experienced a 14% year-to-date change, which was about double that of Silverdale and
Port Orchard. While some of the increase can be tied to the new units that are higher priced, other factors causing the
increase include inflation, increased cost of materials and labor, increased land values, regulation and development changes,
and household demand for more space of higher quality.
Ms. Satter explained that one problem Cities are facing in relation to affordable housing is that household income is not
keeping up with the increase in housing costs. Median household income increased about 52% from 2000 to 2015, but
median household value increased by 83% over that same time period. This increasing disparity between wages and rent can
be attributed to the following:
• Increased Government Relations. This can lead to higher housing costs and decreased amounts of new
construction. Some examples include impact fees, code restrictions, growth restrictions, and exclusionary zoning.
Currently, the City has only minimal impact fees, without undermining the City's growth strategy. Right now, the
City has capacity to address its current anticipated growth, but perhaps zoning could be laid out differently or zoning
could be more inclusionary to provide additional opportunities for multi -family housing.
• Failure to Preserve Existing Affordable Housing. This includes the loss of affordable units due to gentrification
and redevelopment, lack of repairs, or the cost of rehabilitating the units under the new codes becomes too costly
and units are either demolished or left to decay.
Ms. Satter commented that, for some families, a failure to find affordable housing leads to homelessness. Many of them end
up in shelters or in a public or private place that is not designed for, or ordinarily used as, a regular sleeping accommodation
for people. Other people (hidden homeless) end up living with relatives or friends in overcrowded or substandard conditions.
She noted that on January 29, 2016, about 11,000 people were experiencing homelessness in Seattle. Homelessness
disproportionately affects people of color, and about 28% of the homeless population is families with children. This is an
important statistic to keep in mind because studies show that children whose families moved to a lower -poverty area when
they are less than 13 years old versus being homeless, have an annual income that is 31% higher, are 16.5% more likely to
attend college, and are 30% less likely to be single parents. Researchers estimate that moving a child out of homelessness to
public housing in a low -poverty area when young using a voucher will increase the child's total lifetime earnings by about
$302,000.
Ms. Satter said one myth is that homelessness will always be present, so they just have to accept it. However, there are
many good examples, particularly in Europe, where there are no homeless families. In America, recently, the Federal
Government came out with a policy of doing more to end veteran homelessness. Since 2009, the number of homeless
veterans has been reduced from 75,000 to 40,000 in the nation. This illustrates that something can be done to address the
homelessness issue.
Ms. Satter shared examples of what other cities are doing and what the City of Bremerton can learn from. For example, the
City of Seattle enacted the Housing Authority and Livability Agenda (HALA), which created a consortium to address the
issue. The report prepared by HALA contained 65 recommendations, including new revenue sources, housing subsidies,
housing preservation strategies, renter protections, and strategies to cut costs for housing production. These
recommendations are now being moved forward to become code. HALA's main goal is to create 30,000 new market -rate
units by increasing the land available for multi -family housing, allowing more options for multi -family housing in single-
family zones, and streamlining the regulatory and design process. Further, the goal is to create 20,000 affordable units by
boosting the preservation and production of income -restricted units and creating new resources for rental housing and
homeownership. HALA also included creating Seattle's "Grand Bargain," which is a nonbinding agreement between the
leaders representing the interests of non-profit affordable housing developers, for-profit developers, social justice, labor and
business, and elected officials. The core principals are that Seattle needs more market -rate and income -restricted affordable
housing, upzoning is necessary to meet housing needs, and all private development will contribute towards affordable
housing. Another recommendation of HALA was the creation of Mandatory Housing Affordability (MHA) that is intended
Bremerton Planning Commission Minutes
November 28, 2017 — Page 5 of 8
Attachment I
to be a political compromise to implement the "Grand Bargain." It calls for requiring new development to either provide a
certain percent of affordable units on site or pay a per square foot fee in lieu. Inclusionary units are to be affordable to 60%
average median income (AMI) and fees -in -lieu will go to fund housing units affordable to 30% AMI.
Ms. Satter reported that the City of Seattle has been working with HALA and MHA for two years and developers have
expressed concern that too many incremental changes have been made as the "Grand Bargain" is converted to code through
the legislative process. There is also concern that the rates are too high in some areas, and the offsetting capacity increase is
not enough. Also, development in entire neighborhoods is unfeasible and the HALA recommendations to cut costs remain
unfulfilled. Social justice concerns are that the inclusionary percentage and fees are too low and the AMI threshold for
inclusionary affordability should be even lower. Many fear that upzones will accelerate displacement. Other concerns deal
with politics vs. economics, and there is concern about the concept of making housing cheaper by taxing housing. Taxes
reduce both demand and supply and drive market equilibrium to a price that is higher and a quantity that is lower than
without the tax.
Ms. Satter further reported that the City of Seattle currently has 58 cranes in operation, which is more than any other
jurisdiction in the nation. While housing is being built at a rapid pace, it is still not solving the problem. Despite being the
15`h largest metro area in the country, the Greater Seattle area had the 7t` most housing units built last year. The problem is
that these new units are not affordable. Statistics show that Seattle leads the nation in rental growth, but the wages are not
increasing at the same pace. Seattle's experience has led to skepticism (or rejection) of the market and the belief that the
market is incapable or unwilling to provide affordability. Developers want to do projects that provide the greatest return, so
people are turning to the government to provide affordability through policy, regulations and subsidies.
Next, Ms. Satter referred to recent changes in Vancouver, British Columbia, which increased taxes for foreign buyers. There
was a 37% reduction in residential real estate sales a few days after the tax was implemented in November 2016. However, it
is important to note that the real estate market in Vancouver was already declining in the four months prior to the tax being
implemented, and the change only cooled the market for a period of time. It is now back to its high price points just one year
later. While she has heard that foreign investors are taking away housing, it is simply not true.
Ms. Satter advised that a number of jurisdictions are amending their zoning codes to encourage opportunities for affordable
housing. She reminded the Commission that changes were recently made to the City's Accessory Dwelling Unit (ADU)
provisions, and the City of Seattle is trying to do more to encourage and accommodate backyard ADUs via a block project to
house the homeless. Los Angeles County went further by offering $75,000 to any property owner who builds an ADU in
their backyard. They also offered three different designs for property owners to choose from. Multnomah County, Oregon
implemented a program to promote backyard ADUs, which is publicly funded but administered by a non-profit. As per the
program, the government funds the ADU's for the homeless, but the units revert back to the property owners after five years.
Property owners offer mentoring and support to the people living in the ADU's.
Ms., Satter advised that the City of Bellingham has adopted an infill housing toolkit that provides innovative housing forms
to promote missing housing types such as cottages, townhomes, duplexes, triplexes, carriage houses over garages, etc. In
Bellingham these options are generally allowed in all zones that allow residential except for single-family residential zones.
It also allows the Director to make reasonable exceptions for lots that are more difficult to develop. Bellingham is also
considering amendments related to manufactured homes, including incentives to protect existing manufactured and mobile
home parks to preserve the naturally occurring affordable housing (NOAH). Bellingham is working to implement a leaner
permit process that is streamlined and improves the customer experience. It's also updating its subdivision and ADU
ordinances, and implementing a variety of incentives that include property tax exemptions, reduced development fees,
density bonuses, parking reductions, and pre -approved plans. A consultant worked with Bellingham in 2011 to evaluate the
local housing market and determined that it was not prime for inclusionary zoning yet, but it would come in the future.
(Bremerton would likely be the same.)
Ms. Satter summarized her presentation by stating that there is no one solution that will fix the issue for Bremerton. The
City will have a role in the solution, but everyone needs to participate. Needs, values and expectations will continue to
change, and the City needs to continue to be responsive. It must provide housing choices for a variety of incomes, changing
family make up and demographics. The City should be open to exploring and implementing different approaches that are
found useful. She concluded that land use planning can be used to reinforce affordability and help improve the situation.
Bremerton Planning Commission Minutes
November 28, 2017 — Page 6 of 8
Attachment I
Local jurisdictions cannot solve the problem alone, but there are a wide range of tools that can be used to improve the local
understanding of market dynamics and expanding affordable housing supplies. The City will continue to work in that
direction, and some proposals will likely be presented to the Commission in 2018.
Vice Chair Tift invited members of the public to comment on the presentation.
Kurt Weist, Executive Director, Bremerton Housing Authority, appreciated Ms. Satter's presentation, which sets the
table for future discussions relative to affordable housing. There are great signs of distress in Bremerton, but the rest of the
country is wrestling with the issue, as well. There are some good news things happening in Bremerton. For example, the
housing authority has worked closely with the City and other groups to achieve virtually zero homeless veterans. Also, 10
years ago, the City adopted a subarea plan for the West Park area (now Bay Vista), which outlined major redevelopment for
this pocket of poverty and distress. The Bremerton Housing Authority (BHA) has worked cooperatively with the City and
other groups to achieve what he believes is a much more balanced and healthy neighborhood. While additional development
still needs to occur, the project has already increased the number of deeply affordable housing units in the City by 60%.
This has been accomplished by using land sale proceeds from West Park/Bay Vista to buy affordable properties throughout
the City.
Mr. Weist suggested that the City of Bremerton should seriously consider the concepts outlined in Seattle's HALA. While
he is not recommending that the program be exactly replicated, he urged the Planning Commission, BHA and others to work
together to create a program for the City to bring greater affordability into housing. He reminded the Commission that the
BHA is a municipal corporation. While it is not a part of City government, it was created by City government in 1940. It's
Board of Commissioners is appointed by the City Council and Mayor, but the BHA does not receive any funds from the City.
In fact, they pay payment -in -lieu -of taxes of about $80,000 to the City. Their purpose is to look for other sources of funds to
help them achieve their mission and vision of increasing the number of affordable housing opportunities in the community.
He summarized that he looks forward to working together with the City to increase housing affordability options.
Vice Chair Tift asked if the BHA has a cooperative working relationship with the Kitsap Housing Authority (KHA). Mr.
Weist briefly reviewed that BHA has over 600 fixed -in-place, project -based, subsidized housing units in the City of
Bremerton, and there are an equal number of Section 8 vouchers, which are tenant -based subsidies in privately -owned
properties. The BHA also manages KHA's Section 8 program. They work very closely together. Kitsap County
Commissioner Charlotte Garrido has put together a group called Homes for All, which is made up of local governments, non-
profit organizations and the faith -based community. The focus of the group is to look at what can be done to increase
affordability. He summarized that the BHA works very well with other groups in the community, as is evidenced by the
West Park Project, which was a community effort.
Commissioner Nerf asked if the BHA is experiencing any stumbling blocks that could be addressed by the Planning
Commission. Mr. Weist answered that anything that can be done to make it easier to increase the supply of housing is a
good thing. This may require higher densities than in the past.
There was no one else in the audience who indicated a desire to address the Commission regarding the topic of affordable
housing, and Vice Chair Tift closed the public portion.
Commissioner Nerf asked if the City allows boarding houses. Ms. Satter answered that boarding houses are allowed in
most residential zones and are classified as Group Residential Homes. The City typically tries not to get involved in
situations where property owners rent out portions of their homes. However, once it is called a boarding house, additional
standards apply. She recalled that the definition of "Boarding House" was removed in the 2016 update of the Development
Code as it is currently classified a group residential home.
BUSINESS MEETING
Chair Report
Bremerton Planning Commission Minutes
November 28, 2017 — Page 7 of 8
Attachment I
Vice Chair Tift announced that Chair Wofford had to leave the meeting early. He also thanked the Commissioners for their
confidence in him to lead the Commission as chair in 2018. Lastly, he congratulated Commissioner Goodnow on his recent
election to the City Council.
Director Report
Ms. Satter also congratulated Commissioner Goodnow on his election to the City Council, and she presented him with a
certificate on behalf of the mayor. She advised that someone has expressed interest in the position that will be vacated by
Commissioner Goodnow, and his application will be considered by the City Council on December 20th.
Ms. Satter reminded the Commissioners that the December meeting has been cancelled, and the Commission's next meeting
will be Monday, January 22nd. She asked if the Commissioners are interested in continuing the tradition of meeting together
in December to celebrate the holiday. The Commissioners agreed to continue the tradition.
Old Business
There was no old business.
New Business
There was no new business.
ADJOURNMENT
The meeting was adjourned at 7:02 p.m.
Respectively Submitted by:
I
Ric air
Planning ommissio
Bremerton Planning Commission Minutes
November 28, 2017 Page 8 of 8
Attachment I
CITY OF BREMERTON
PLANNING COMMISSION
MINUTES OF REGULAR MEETING
January 22, 2018
CALL TO ORDER:
Chair Tift called the regular meeting of the Bremerton Planning Commission to order at 5:30 p.m.
ROLL CALL
Commissioners Present
Chair Tift
Vice Chair Wofford
Commissioner Conley
Commissioner Nerf
Commissioners Excused
Commissioner Jones
Commissioner Davis
Commissioners Absent
Commissioner Strube
Quorum Certified
APPROVAL OF AGENDA
Staff Present
Andrea Spencer, Director, Department of Community Development
Allison Satter, Senior Planner, Department of Community Development
Garrett Jackson, Planner II, Department of Community Development
COMMISSIONER WOFFORD MOVED TO APPROVE THE AGENDA AS PRESENTED. COMMISSIONER
NERF SECONDED THE MOTION, WHICH CARRIED UNANIMOUSLY.
APPROVAL OF MINUTES
COMMISSIONER WOFFORD MOVED TO APPROVE THE MINUTES OF NOVEMBER 28, 2017 AS
PRESENTED. COMMISSIONER CONLEY SECONDED THE MOTION, WHICH CARRIED UNANIMOUSLY.
PUBLIC MEETING
Call to the Public (public comments on any item not on the agenda)
Chair Tift asked if there were any comments from citizens. Seeing none, he closed the public portion of the meeting.
Attachment I
Public Hearinp_: Zoning Code Amendments — Subdivisions and Definitions
Mr. Jackson presented the Staff Report for the proposed zoning code amendments. He briefly reviewed that the
amendments were initially presented to the Commission at a workshop on November 28th. They include a revision to the
Final Formal Subdivision Process, as well as other select revisions. He reminded the Commission that in July of 2017, State
Law SB 5674 allowed cities to change formal subdivision approval from a local legislative process (City Council) to a local
administrative decision (Director). The new law provides an opportunity for cities to revise their codes to expedite the Final
Formal Subdivision Process.
Mr. Jackson explained that a "Formal Subdivision" means the division or re -division of land into ten or more lots, tracts,
parcels, sites or divisions for the purpose of sale, lease or transfer of ownership. Formal Subdivisions are more regulated
than Short Subdivisions (nine or fewer lots). He further explained that the process for a Formal Subdivision is standard, with
four separate steps required:
• Pre -submittal Conference. The Pre -submittal Conference takes place in an informal setting that allows staff to
have an exchange of ideas and provide early feedback with the applicant about the proposed project.
• Preliminary Plat. The Preliminary Plat application is reviewed by all City Departments for conformance with the
codes. It is sent out for a public review period, and public comments are solicited. It is also sent out for comments
from other jurisdictional stakeholders, such as tribal entities, state departments, etc. After all of the information has
been compiled, the application goes before an independent arbitrator (Hearing Examiner) to make a decision on
whether the permit should be approved, denied or conditionally approved. The applicant then has five years to
submit a Final Formal Plat Permit application.
• Site Development Permit. Following approval of a Preliminary Plat, an applicant applies for a Site Development
Permit. All of the infrastructure (utilities, roads, environmental mitigation, etc.) needed to support the subdivision
would go in at this time or bonds put in place to ensure construction in the future.
Final Plat Permit. Final Plat Applications are reviewed by staff to ensure that applicants have met the conditions
of the Preliminary Plat and that all the required infrastructure is installed or bonded for. Currently, Final Formal
Plats require City Council approval. Consistent with State Law, the proposed amendment would change the process
to an administrative decision (Director). At this point in the process, the application has already been reviewed by
City Departments, legal staff, state and local agencies, etc., and all of the infrastructure has been installed. The Final
Plat has more of an administrative feel, and that is why staff is proposing to change City Code to take advantage of
the new State Law.
Vice Chair Wofford asked if approval of the proposed amendment would eliminate any opportunity for the public to
participate in the process. Director Spencer answered no. Although subdivision applications currently go before the City
Council for approval and the City Council accepts public comments, the comments cannot affect a change to the application.
Either the application meets the criteria or it does not, and compliance is determined by the staff and engineering team. Any
public comments that are received will be largely irrelevant to the action that is before the City Council. State Law was
likely changed to recognize that the process is not quasi-judicial in nature. It is simply an administrative approval that
mandates the City Council has to sign the final plat document if criteria are met.
Commissioner Conley asked if the current State Law would allow the City to streamline or consolidate the subdivision
process further. Director Spencer answered that staff is currently looking at ways to streamline the permit processes.
However, subdivisions are governed by State Law, which requires both preliminary plat approval and final plat approval after
all of the infrastructure has been developed. She explained that Preliminary Plat approval is basically an assessment of the
site, and some changes are typically made before the Final Plat to address issues that come up during site development.
Although she does not believe it is possible to consolidate or eliminate any of the steps, staff will look at ways to streamline
other parts of the permitting process.
Mr. Jackson said the proposed amendment also includes changes to some of the definitions. He reviewed these changes as
follows:
Bremerton Planning Commission Minutes
January 22, 2018 — Page 2 of 5
Attachment I
• Density, minimum. The amendment would revise this definition to conform with the densities identified in the
Comprehensive Plan. As proposed, the last sentence in the definition would be changed to read, "Where not
specified in a zone chapter, the associated Comprehensive Plan land -use density applies. " The amendment will
ensure that the densities created for each of the zones are in conformance with the intent outlined in the
Comprehensive Plan.
• Medical laboratory. The amendment would remove this definition from the code, as the term is not utilized
elsewhere in the code and could be addressed by the "medical office or clinic" definition.
• Parking, satellite. The amendment would revise this definition to clarify the referenced code section and provide a
bit more flexibility. As proposed, the definition would reference the portion of the code (BMC 20.48.220) that
permits satellite parking. It would also remove the last portion of the definition, which states that a contiguous lot
would not be permitted to provide satellite parking. The most obvious location for a satellite parking lot would be
the neighboring property, but that is not allowed based on the current definition.
• Transportation facility. The amendment would revise this definition to clarify the intended publicly -controlled
nature of such facilities. He noted that the language was further modified based on input from the Commission to
change "battery charging stations" to "battery changing stations" and to add "electrical vehicle charging stations" to
the definition. At the request of Chair Tift, a table was provided to identify the zones where transportation facilities
are permitted and not permitted. He summarized that all commercial districts permit transportation facilities.
• Worship and religious facility. The amendment would revise this definition to include uses typically associated
with worship and religious facilities. In the current definition, preschools, parochial schools, daycare facilities, and
major recreational facilities are excluded from the uses allowed in a "worship and religious facility. Because these
uses typically fall under the umbrella of a worship and religious facility, it did not make sense to exclude them.
Mr. Jackson recommended that the Commission hold an open record public hearing, consider testimony, and recommend
approval of the proposed amendments to the City Council.
Chair Tift invited members of the public to come forward and comment regarding the proposed amendments. No one
indicated a desire to participate in the hearing, and Chair Tift closed the public portion of the hearing.
Chair Tift asked how the existing schools and other uses located in worship and religious facilities would be impacted by the
proposed change. Mr. Jackson answered that the uses that do not comply with the definition are grandfathered. He
emphasized that the intent of the proposed change is to make the definition consistent with the types of uses that already exist
today in some worship and religious facilities without any conflict. Under the current code, a separate permit would be
required in order for a worship and religious facility to open an on-site daycare. The proposed new definition would allow
the use without having to obtain a separate permit. The intent is to streamline the permit process by including uses that are
normally associated with a church.
Vice Chair Wofford asked if a permit would be required if a worship facility purchased additional land to accommodate a
school or daycare, and Director Spencer answered affirmatively. The proposed amendment would make permitting easier,
especially when there is already an established use on the site.
BASED UPON THE STAFF REPORT AND THE FINDINGS AND CONCLUSIONS PRESENTED IN
ATTACHMENT II, COMMISSIONER CONLEY MOVED THAT THE COMMISSION RECOMMEND THE CITY
COUNCIL ADOPT THE TEXT AMENDMENTS TO BREMERTON MUNICIPAL CODE SECTIONS 20.02, 20.12
AND 20.42 AS DETAILED IN ATTACHMENT I. VICE CHAIR WOFFORD SECONDED THE MOTION, WHICH
CARRIED UNANIMOUSLY.
BUSINESS MEETING
Chair Report
Bremerton Planning Commission Minutes
January 22, 2018 — Page 3 of 5
Attachment I
Chair Tift welcomed Commissioner Davis, who was recently appointed to serve on the Commission.
Bremerton Planning Commission Minutes
January 22, 2018 — Page 4 of 5
Attachment I
Director Report
Director Spencer reported that staff has been working with newly -elected Mayor Wheeler to move forward some new
initiatives for the department. They include streamlined permitting, affordable housing, code enforcement and working with
the Community Development Block Grant (CDBG) Program related to weatherization and minor home repair. Because staff
will be extremely busy in the coming weeks implementing the new measures and designing new programs, she asked that the
Commission's February meeting be cancelled. The Commissioners agreed to cancel the meeting. Their next meeting with be
March 19, 2018.
Old Business
There was no old business.
New Business
There was no new business.
ADJOURNMENT
The meeting was adjourned at 5:57 p.m.
Respectively Submitted by:
Andrea L Spencer, AICP
Executive Secretary
Rick Tift, Chair
Planning Commission
Bremerton Planning Commission Minutes
January 22, 2018 — Page 5 of 5
ORDINANCE NO.
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, amending Title 20 of the Bremerton
Municipal Code entitled "Land Use."
WHEREAS, through practical use and application of the Zoning Code the need
for modification has been identified; and
WHEREAS, the City of Bremerton has established a procedure for amending the
Zoning Code in Title 20.18.020(d) of the Bremerton Municipal Code ("BMC"), which requires
amendments to the Zoning Code to be both consistent with the goals and policies of the
Comprehensive Plan and to be consistent with other applicable rules and regulations; and
WHEREAS, these amendments are consistent with the City's Comprehensive
Plan, County Wide Planning Policies, the State Growth Management Act, and other applicable
regulations and ordinances; and
WHEREAS, on November 28, 2017, the Planning Commission conducted a
workshop on the proposed amendments; and
WHEREAS, on December 11, 2017, the proposed Zoning Code amendments
were circulated to the State Agencies for the requisite review and comment period; and
WHEREAS, on December 14, 2017, a State Environmental Policy Act ("SEPA")
Determination of Nonsignificance ("DNS") was issued for the proposed action and no appeals
were filed; and
WHEREAS, on January 12, 2018, the public was notified by a legal
advertisement in the Kitsap Sun of the opportunity to make comment and participate in the
public hearing held by the Planning Commission; and
WHEREAS, on January 22, 2018, the Planning Commission conducted a public
hearing on the Zoning Code amendments and formulated a recommendation to forward the
amendments for City Council consideration; and
WHEREAS, on February 10, 2018, the public was notified by a legal
advertisement in the Kitsap Sun of the opportunity to make comment and participate in the
public hearing by the City Council; and
WHEREAS, on February 21, 2018, the City Council conducted a public hearing
and considered all testimony prior to their decision; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
Title 20 BMC Updates
SECTION 1. The findings and conclusions adopted by the Planning Commission
attached hereto as Exhibit A are adopted and incorporated as if set forth herein in full.
SECTION2. Chapter 20.02 of the Bremerton Municipal Code entitled "Project
Permit Processing Procedures" is hereby amended by amending Section 20.02.040 to read as
follows:
20.02.040 PROJECT PERMIT PROCESSING PROCEDURES.
Project permit applications are categorized as Type I, Type 11, Type III or Type IV
project permits. Permit processing procedures may include determination of completeness, notice
of application, notice of public hearing and notice of decision. Applicable procedures for the
processing of permits are pursuant to the following provisions:
(a) Type I Project Permits. These are administrative decisions by the Director who
may approve, conditionally approve or deny the application. They include permits categorically
exempt from SEPA review or that have had SEPA review completed in connection with another
application or permit. Type I project permit processing procedures are set forth in Table 040.
Examples of Type I permits include administrative code interpretations,
building/construction/demolition permits (SEPA exempt), final short subdivisions, permit
revocations, etc.
(b) Type 11 Project Permit. These are administrative decisions by the Director with
limited public notice. The Director has the authority to approve, conditionally approve or deny
the application. Type II project permit processing procedures are set forth in Table 040.
Examples of Type 11 permits include administrative conditional use permits, short plats/binding
site plans, site plan review (requiring SEPA), building/construction/demolition permits
(requiring SEPA), stand alone nonproj ect SEPA, etc.
(c) Type III Project Permit. These are Hearing Examiner decisions. The Hearing
Examiner may approve, conditionally approve, or deny the application. Type III project permit
processing procedures are set forth in Table 040. Examples of Type III permits include
nonadministrative conditional use permits, preliminary formal subdivisions, variances, etc.
(d) Type IV Project Permit. These are decisions by the City Council after a closed -
record hearing. The City Council may approve, conditionally approve, modify and approve or
deny the application. Type IV project permit processing procedures are set forth in Table 040.
Examples of Type IV permits include site-specific rezones, final f ffia' s„i.division
development agreements, vacation of subdivisions, etc.
(e) Table 040 Permit Processing Procedures..
2
Title 20 BMC Updates
Application Type
Determination of
Completeness
Notice of
Application
Notice of
Hearing
Notice of
Decision
Type I Permit
No
No
No
No
Type III Permit
Yes
Yes
No
Yes
Type 111' Permit
Yes
Yes
Yes
Yes
Type IV Permit
Yes
Yes
Yes
Yes
Development Agreement
No
No
Yes
Yes
Finalubdivision1
No
No
No
No
Site Specific Rezone
Yes
Yes
Yes
Yes
Stand Alone Nonproject
SEPA
No
No
No
No
1 The Hearing Examiner holds an open -record hearing for preliminary approval. The
Director makes the final administrative decision.
„lpuvlie fncIiid heafing is not fygquried.-
2 The Hearing Examiner holds an open -record hearing. The City Council holds a closed -
record hearing for final approval.
SECTION 3. Chapter 20.12 of the Bremerton Municipal Code entitled "Land
Division" is hereby amended by amending Subsection 20.12.090 to read as follows:
20.12.090 REVIEW PROCEDURES AND APPROVALS.
Each subdivision type is processed as a different action "type" as described in Chapter 20.02
BMC, Table 040, Project Permit Processing Procedures, and summarized as follows:
(a) Subdivision. Approval of all subdivisions requires a four (4) step process: approval of a
preliminary subdivision, installation or bonding of required improvements, approval of the final
subdivision, and recording of the subdivision with the Kitsap County Auditor.
(1) Short Subdivision.
(i) A preliminary short subdivision: Type II Director decision.
(ii) A final short subdivision: Type I Director decision.
a. The final short subdivision shall be submitted to the Director
within five (5) years of the date that the preliminary approval became final or the short
subdivision shall become null and void.
(2) Formal Subdivision.
(i) A preliminary formal subdivision: Type III Hearing Examiner decision.
(ii) A final formal subdivision: Type I Directors decision
a. The final formal subdivision shall be submitted to the Director
within five (5) years of the date that the preliminary approval became final or as approved
through phasing and/or timeline extensions per BMC 20.12.060, General Provisions. Should the
project fail to comply with these timelines, the formal subdivision shall become null and void.
Title 20 BMC Updates
b. The following signatures on the final plat lfare required
i. Director. Whose signature approves compliance with all
terms of the preliminary plat approval of the proposed plat subdivision or dedication.
ii. City Engineer. Whose signature approves the layout of streets,
alleys and other rights-of-way, design of bridges, sewage and water systems and other structures.
Additionally, the City Engineer's signature approves the adequacy of the proposed means of
sewage disposal and water supply if City services are provided.
iii. Kitsap County Health District. Whose signature approves
the adequacy of the proposed means of sewage disposal and water supply if City services are not
provided.
iv. Kitsap County Treasurer. Whose signature confirms a
statement that all taxes and delinquent assessments for which the property may be liable as of the
date of certification have been duly paid, satisfied or discharged.
V. Property Owner. Whose signature confirms a statement that
the subdivision has been made with the free consent and in accordance with the desires of the
owner(s).
(3) Binding Site Plan.
(i) A preliminary binding site plan - Type II Director decision.
(ii) A final binding site plan - Type I Director decision.
a. The final binding site plan shall be submitted to the Director within
two (2) years of the date that the preliminary approval became final or the binding site plan shall
become null and void.
b. The following signatures on the binding site plan Mare
required before the Director can approve the final binding site plan:
i. City Engineer. Whose signature approves the layout of
streets, alleys and other rights-of-way, design of bridges, sewage and water systems and other
structures. Additionally, the City Engineer's signature approves the adequacy of the proposed
means of sewage disposal and water supply if City services are provided.
ii. Kitsap County Health District. Whose signature approves
the adequacy of the proposed means of sewage disposal and water supply if City services are not
provided.
iii. Kitsap County Treasurer. Whose signature confirms a
statement that all taxes and delinquent assessments for which the property may be liable as of the
date of certification have been duly paid, satisfied or discharged.
iv. Property Owner. Whose signature confirms a statement that
the division of land has been made with the free consent and in accordance with the desires of
the owner(s).
SECTION 4. Chapter 20.12 of the Bremerton Municipal Code entitled "Land
Division" is hereby amended by amending Subsection 20.12.130 to read as follows:
20.12.130 SUBMITTAL REQUIREMENTS - FINAL SUBDIVISION.
An applicant seeking final approval of a short subdivision, formal subdivision, or binding
site plan must submit a complete application requesting approval. It is the responsibility of the
applicant to provide all of the necessary information before the application is processed. In
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Title 20 BMC Updates
conjunction with the appropriate fee a complete application for a final subdivision approval shall
contain, but is not limited to, the following:
(a) Application Form. Application shall be made on the appropriate forms prescribed
by the Department and shall be signed and dated by the property owner or authorized agent.
When an authorized agent is involved, they shall provide proof they represent the legal interests
of the property owner.
(b) Final Plan. The final plan shall be an original that is legibly drawn in black ink en
Mand is suitable for producing legible prints through scanning, microfilming or other
standard copying procedures. The map shall measure eighteen (18) inches by twenty-four (24)
inches and shall include all of the following:
(1) Drawn to scale at no less than one (1) inch to two hundred (200) feet and
the scale shall be shown on the drawing;
(2) Include the date, title, name and location of the subject property, graphic
scale and true north point;
(3) Complete legal description of the lands being divided;
(4) The location of all existing fences, structures, and other improvements;
(5) The location of any lakes, ponds, wetlands, streams, creeks, and slopes
(top and toe and percentage of slope) greater than forty (40) percent;
(6) Show the location of utilities, streets and easements within or abutting the
subject property;
(7) Display the lines of all streets and roads, alley lines, lot lines, lot and
blocks numbered in numerical order, reservations, easements, and any areas to be dedicated to
public use, with notes stating their purpose and any limitations;
(8) Contain data sufficient to determine readily and reproduce on the ground
the location, bearing, and length of every street, easement line, lot line, boundary line and block
line on site;
(9) Include dimensions;
(10) Include section subdivision information. Methods and data used for corner
reestablishment or section subdivision shall be stated on plat;
(11) When applicable, display all interior permanent control monuments
located as determined by the City Engineer's office. All monuments and property corners shall
be installed prior to the release of any bond;
(12) If the subdivision includes a dedication, the following statements shall be
included:
(i) The dedication of all streets and other areas to the public, and
individual or individuals, religious society or societies, or to any corporation, public or private,
as shown on the plat;
(ii) A waiver of all claims for damages against any governmental
authority which may be occasioned to the adjacent land by the established construction, drainage
and maintenance of said road;
(13) Said statements shall be signed and acknowledged before a notary public
by all parties having any interest in the lands subdivided;
(14) Addressing of the individual lots;
(15) Certificate for the approval signatures detailed in BMC 20.12.090;
(16) Treasurer's certificate to ensure payment of taxes; and
(17) Other information requested during the preliminary approval.
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Title 20 BMC Updates
(c) Lot Numbering. Lots shall be consecutively numbered; tracts shall be lettered
alphabetically and in consecutive order.
(d) Plat Certificates. Three (3) plat certificates for the real property shall accompany
the final plat.
(e) Lot Closures. Perimeter lot closures for all lots, tracts, and the exterior boundary
of the subdivision shall accompany the final plat.
(f) Addressing. Addresses of the individual lots shall be obtained from the Public
Works Department.
(g) Dedications. Dedications of right-of-way are pursuant to Chapter 11.12 BMC,
Transportation Development Code.
SECTION 5. Chapter 20.42 of the Bremerton Municipal Code entitled
"Definitions" is hereby amended by amending Section 20.42.040(d) to read as follows:
20.42.040 Definitions.
(d) Definitions "D":
"Day care facility" means a facility licensed by the state of Washington and approved by
the City to provide regular care for adults or children for periods of less than twenty-four (24)
hours.
"Deck" means an open platform wider than eighteen (18) inches. A deck may be
freestanding, cantilevered from a building, or connected to the ground with steps or ramps. A
deck that is higher than thirty (30) inches above finish grade may be referred to as a raised deck,
a rooftop deck, a balcony, or other suitable term.
"Density" means a measure of residential concentration, usually expressed as the number
of dwellings per acre of land. For the purposes of calculating allowable densities within this
code, density shall be measured on a "net" basis, whereby unusable areas such as rights-of-way
and lands in public or shared ownership shall be deducted from the overall area in the
calculation. For example, a one hundred and twenty (120) acre area containing twenty (20) acres
of rights-of-way and public lands and three hundred (300) dwellings has a (net) density of three
(3) dwellings per acre (three hundred (300) dwellings/one hundred (100) usable acres). (See also
"Acre, net" and "Acre, gross.")
"Density, maximum" means the maximum number of dwellings allowed per the net
buildable acreage as stated for each zone. Where not specified in a zone chapter, the associated
Comprehensive Plan land use density ilpplies
"Density, minimum" means the minimum number of required dwellings per net
buildable acre as stated for each zone. Where not specified in a zone chapter, no minimum
density shall apply.
"Detached" means any residential structures on the same lot that are not connected and
have a fire separation of no less than six (6) feet as defined in Section R302 of the IRC. For
commercial structures see the International Building Code.
"Detoxification center" means a facility providing for the care and treatment of an
intoxicated person during the period in which the person recovers from the transitory effects of
acute intoxication.
"Development coverage" means that portion of a lot covered by the impervious surface
areas of all structures, and impervious paved areas, such as driveways and walkways.
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Title 20 BMC Updates
"Directional sign" means a permanent sign which is designed solely for the purpose of
directing motor vehicle, pedestrian, bicycle, or other traffic, or individuals toward a specific
destination or route.
"Director" means Bremerton's Director of Community Development and his/her
designee.
"Drinking place" means an establishment selling intoxicating beverages for consumption
on the premises.
"Drive-through facility" means an automobile -oriented component of a permitted use
that includes both service window(s) and a stacking lane designed primarily for drive-through
trade, and which provides service and caters to patrons while in their motor vehicles. (See BMC
20.44.120.)
"Driveway" means a private roadway providing access for vehicles to a parking space,
garage, dwelling, or other structure.
"Duplex" means a structure containing two (2) dwelling units on a single lot.
"Dwelling, conventional" means any building or structure that is built or assembled (in
the case of a modular structure) on the site and in conformance with the provisions of the
International Building Code (IBC).
"Dwelling, duplex" means a building designed and arranged exclusively for occupancy
by two (2) families living independently of each other in separate dwelling units.
"Dwelling, modular or factory -built" means buildings or structures that are constructed
primarily in a factory and transported to the site for assembly or installation. All temporary
wheels, axles, and other appliances used in the transport are removed at the destination and the
structure is permanently placed, unless approved as a temporary placement by the City. Such
structures are constructed to the standards of either the International Building Code (IBC) or the
HUD Code. (See also "Manufactured home.")
"Dwelling, multi -unit structure" means a structure containing three (3) or more
dwelling units. (Also referred to as a "multifamily structure.") Multi -unit structures also include:
(1) "Dormitories" means a structure intended principally for sleeping
accommodations, where no individual kitchen facilities are provided, and which is related to an
educational institution or maintained by a nonprofit welfare organization.
"Dwelling, single -unit attached" means two (2) single -unit dwellings (houses) that are
attached at a common side lot line with each dwelling located entirely on its own lot. This does
not include row houses or other housing types having more than two (2) attached units. (See also
"Zero lot line.")
"Dwelling, single -unit structure" means a structure containing one (1) dwelling unit.
(Also referred to as a "single-family dwelling," or a "house.")
"Dwelling, townhouse," for purposes of this code, means a single -unit structure in a row
of at least three (3) or more such units in which each unit has its own access to the outside, no
unit is located over another, and each is separated from any other unit by one (1) or more
common fire-resistant walls.
"Dwelling unit" means a living space or combination of rooms designed to provide
independent year-round living facilities for one (1) family or household, constructed to the
minimum standards of the IBC or HUD Code, and with provisions for sleeping, eating and
sanitation.
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Title 20 BMC Updates
SECTION 6. Chapter 20.42 of the Bremerton Municipal Code entitled
"Definitions" is hereby amended by amending Section 20.42.040(m) to read as follows:
20.42.040 Definitions.
(m) Definitions "M":
"Maintain" means to allow to exist or continue to exist. Also, where the context
indicates, to keep in a safe, neat and clean condition.
"Manufactured home" means a single-family dwelling required to be built in
accordance with regulations adopted under the National Manufactured Housing Construction and
Safety Standards Act of 1974 (42 U.S.C. 5401 et seq.). The unit shall bear an insignia issued by a
state or federal regulatory agency indicating that the manufactured home complies with all
applicable construction standards of the U.S. Department of Housing and Urban Development
(HUD). Commercial coaches, recreational vehicles, travel trailers, and motor homes are neither
manufactured homes nor dwelling units. (See "Mobile home.")
"Marina" means a facility which provides moorage or wet or dry storage for watercraft
or float planes, and which may offer marine -related sales and services.
and r est -h -tie devi es
"Medical office" and "clinic" means an establishment primarily engaged in providing
medical, dental or other health care services to patients on the premises, but which excludes
facilities for overnight patient care. Medical clinics that do not have facilities for overnight
patient care are included.
"Mini -storage," for the intent of this title, means an accessory business that may contain
office and individual compartmentalized self -storage units, stalls, or lockers which are rented or
leased for the storage of household or business goods, supplies or materials. Mini -storage shall
be an accessory use that is subordinate and incidental to the permitted principal use. (See "Light
industrial/manufacturing" for further clarification of "mini -storage" when it is a primary use).
"Mobile home" means a factory -built dwelling built before June 15, 1976, to standards
other than the National Manufactured Housing Construction and Safety Standards Act of 1974
(42 U.S.C. 5401 et seq.), and acceptable under applicable state codes in effect at the time of
construction or introduction of the home into this state. Mobile homes are accommodated within
some existing mobile home parks, but are not allowed on individual lots. (See "Manufactured
home.")
"Monument sign" means a freestanding sign placed on a base of solid appearance,
wherein the width of the base is equal to at least forty (40) percent of the width of the sign face.
"Motion picture theater" means any premises in which motion pictures are shown as the
principal use of the premises, and wherein fees of any kind are charged, and wherein such
movies are shown on a regular basis.
"Multiple -building complex" means a group of structures housing a combination of
business, office, residential, or other uses, and which shares a common area, access, parking
and/or other facilities.
"Multiple -occupancy building" means a single building housing more than one (1) retail
business, office, commercial venture or other allowed land use.
Title 20 BMC Updates
"Museum" and "gallery" means a building, room, vessel (boat or ship), or site intended
for the preservation and exhibition of artistic, historical, or scientific objects.
SECTION 7. Chapter 20.42 of the Bremerton Municipal Code entitled
"Definitions" is hereby amended by amending Section 20.42.040(p) to read as follows:
20.42.040 Definitions.
(p) Definitions "P":
"Parcel" means a continuous quantity of land in single ownership or under single control,
consisting of one (1) or more lots, and considered a unit for purposes of development. (See
"Lot.")
"Park," "playground" and "open space" means a site designed, developed, or reserved
for recreational use by the public, such as play areas, community gardens and natural areas.
"Parking, satellite" means a parking lot containing parking stalls required for a
permitted land use which conforms to BMC 20.48.2211, btit in .,',,,.atio,, „e* e
"Parking, structure" means a parking lot in which parking stalls are located either below
grade, or in a multilevel building structure.
"Paved surface" means a surface paved with asphalt, concrete, concrete pavers, brick or
similar durable materials. Low -impact development technologies which provide a hard surface
while allowing for water penetration shall be classified as paved areas. Paved areas do not
include gravel, crushed rock, and similar nonbound materials.
"Personal service" means an establishment engaged primarily in providing services
involving the care of a person, apparel or minor appliances, such as: shoe repairs, laundry and
dry-cleaning, beauty and barber shops, clothing/costume rental, tanning, other personal grooming
facilities and domestic assistance services, and personal computing device or cellular phone
repairs. This does not include massage parlors, health care services, exercise establishments, nor
funeral services.
"Physical fitness and health club" means an establishment primarily engaged in
providing facilities for indoor physical fitness activities and recreation. Physical fitness and
health clubs may include such facilities as gymnasiums, swimming pools, and ball courts.
"Pole sign" means a freestanding sign supported by uprights or braces wherein the width
of the uprights or braces comprises less than forty (40) percent of the width of the sign face.
"Porch" means a roofed open area attached to a building or other structure, usually at an
entrance to the structure. A porch that is enclosed, glazed or screened may lose its status as an
appurtenance.
"Portable sign" means any sign designed to be moved easily and not permanently
affixed to the ground or to a structure or building. A -frame or sandwich board signs, movable
readerboard signs, and signs that are mounted, attached or painted on a trailer, boat or motor
vehicle which is parked, stored or displayed conspicuously in a manner intended to attract the
attention of the public are examples.
"Premises" means contiguous land in the same ownership or control not divided by a
street or public right-of-way.
"Private club or lodge" means structures, facilities and grounds owned or operated by a
private or fraternal organization for use by its members and guests.
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Title 20 BMC Updates
"Projecting sign" means a sign, other than a wall sign, which is attached to and projects
from a structure or building facade and the face(s) of which is not parallel to the building's
facade. This sign may be supported by a structure in addition to its building or wall support.
"Public administration" means services and facilities operated by public agencies and
serving a community need, and generally including staffed facilities or office spaces. These
include government offices, post offices, satellite police and fire station, and other public
buildings.
"Public distribution/transmission facility" means the infrastructure lines and
connections employed in the delivery and conveyance of utility services. Distribution facilities
include equipment such as pipes, wires, cables and similar equipment necessary for delivering
utilities including water, sewer, electricity, gas, broadband, and other services. Publicly owned
utilities as well as privately owned utilities that serve the general public are included. (See also
"Public utility facility.")
"Public information/identification sign" means a sign intended solely to inform the
public of events or activities of community interest, to identify the entrance to or exit from the
City or a district or neighborhood within the City, and which does not include the advertising of
any business, product or service of a commercial nature, nor any logo, symbol, or other
indication of a commercial message or sponsorship.
"Public services" means services provided for the benefit of the general public, including
fire protection and suppression, law enforcement, public health, education, information,
recreation, environmental protection, development assistance/permitting, etc.
"Public utility facility" means facilities provided for the benefit of the general public
related to infrastructure and utilities. These include structures and equipment such as transfer
stations, substations, pumping stations, distribution mains, wells, and related utility facilities and
the structures that house them. Publicly owned utilities as well as privately owned utilities that
serve the general public are included. (See also "Public distribution facility.")
SECTION 8. Chapter 20.42 of the Bremerton Municipal Code entitled
"Definitions" is hereby amended by amending Section 20.42.040(t) to read as follows:
20.42.040 Definitions.
(t) Definitions "T":
"Temporary sign" means a sign that is not permanently affixed, and which is intended
for short-term use, such as to advertise a specific activity such as a special promotion, sale, or
fundraising event. For the purposes of this code, temporary signs are those displayed for between
seven (7) and sixty (60) days.
"Townhouse". See "Dwelling, townhouse."
"Transient person" means a temporary lodger who stays no longer than thirty (30) days
per visit.
"Transportation Facility." A transportation facility or multi -modal station means a
dedicated transit facility where several transit routes converge, including transit stations, transit
stops, taxicab stands, transportation services, bicycle facilities, battery changing stations, electric
vehicle charging stations, and similar. The transportation facility shall be owned, leased, or
10
Title 20 BMC Updates
endorsed by a public transit authority for the purpose of providing public transportation services.
A transportation facility is designed to accommodate several buses or multiple modes of transit
that allows users to easily transfer between transit routes or modes. A transportation facility may
provide transit passenger covered shelters and waiting areas, restrooms, and access for transit
modes including buses, taxis and drop-off, and park and rides.
SECTION 9. 20.42 of the Bremerton Municipal Code entitled "Definitions" is hereby
amended by amending Section 20.42.040(w) to read as follows:
20.42.040 Definitions.
(w) Definitions "W":
"Wall sign" means a sign attached directly to or erected against the wall of a building
with the face parallel to the facade of the building and extending no more than twelve (12) inches
from the wall.
"Warehousing" means establishments involved in the storage and/or sale of bulk goods
for resale or assembly, including wholesaling. This does not include establishments offering the
sale of bulk goods to the general public, which may be classified as large retail.
"Worship and religious facility" means a building or structure primarily intended as a
place for public worship and related activities such as religious education, meeting halls, and
kitchens, or places for personal worship or meditation. It does not include
heels, day eafe f.,eili ���, ,,, o tiona f4eil figs, vehicle or equipment storage yards, or
other functions that are not clearly a necessary or integral part of the religious institution.
SECTION 10. Severability. If anyone or more sections, subsections, or sentences
of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the
validity of the remaining portion of this ordinance and the same shall remain in full force and
effect.
SECTION]]. _ELective Date. This ordinance shall take effect and be in force ten
(10) days from and after its passage, approval and publication as provided by law.
PASSED by the City Council the day of )2018.
ERIC YOUNGER, Council President
Approved this day of )2018.
ATTEST:
11
Greg Wheeler, Mayor
APPROVED AS TO FORM:
Title 20 BMC Updates
SHANNON CORIN, City Clerk ROGER A. LUBOVICH, City Attorney
PUBLISHED the day of )2018.
EFFECTIVE the day of )2018.
ORDINANCE NO.
R:\Legal\Legal\Ordinances\Community DevelopmentUirle 20 Zoning Code amendments.docx
12
Title 20 BMC Updates
Exhibit A: Planning Commission
Findings and Conclusions
Exhibit A
FINDINGS AND CONCLUSIONS
OF THE CITY OF BREMERTON PLANNING COMMISSION
Summary:
Amendments to BMC 20.12, relating to Subdivision Regulations and BMC 20.42, relating to Definitions.
Changes include revising the final formal subdivision process, and revising select definitions.
FINDINGS OF FACT
1. Project Description:
Proposed amendments to Title 20 of the Bremerton Municipal Code related to:
1) Revise final formal subdivision approval process from a City Council decision to an
administrative Directors decision.
2) Revise minimum density definition in order to conform to densities identified in the
Comprehensive Plan.
3) Remove medical laboratory definition from the definitions section.
4) Revise satellite parking definition for clarity with referenced code section.
5) Revise transportation facility definition to clarify intended publicly controlled intent of code.
6) Revise worship and religious facility definition to include uses typically associated with worship
and religious facilities.
2. Procedural History:
2.1 Planning Commission Workshops: November 28, 2017
2.2 SEPA Threshold Determination DNS: December 14, 2017
2.3 Washington State Department of Commerce Notice: December 11, 2017
2.4 Notice of Planning Commission Public Hearing: January 12, 2018
2.5 Planning Commission Public Hearing: January 22, 2018
3. Public and Agency Comment:
3.1 November 28, 2017 Workshop:
• None
3.2 January_22y 2018 Public Hearing
4. SEPA Determination:
A Determination of Non -Significance was issued on December 11, 2017, to date no comments
or appeals have been filed.
5. Consistency:
Text amendments to Title 20 shall meet the decision criteria outlined in BMC 20.18.020(d). The
Planning Commission may recommend, and the City Council may adopt or adopt with
modifications, an amendment to Title 20 if the criteria outlined below are met.
Exhibit A
(1) It is consistent with the goals and policies of the comprehensive plan;
Analysis: The proposed amendments continue to uphold the objectives and goals of the
Comprehensive Plan, and implement the following policies:
H4: Implement and coordinate strategies that promote public and private efforts to
facilitate improvements to the housing stock.
H4(D): Encourage efficient permit review by eliminating unnecessary regulatory
impediments, improving certainty in development regulations, and provide an
expedited permit process.
H4(F): Promote increased housing density to provide a broader customer base for more
affordable public services including utilities.
ED4: Recognize the relationship between transportation and economic development
by working collaboratively with other governmental agencies to improve multi-
modal transportation options and routes.
(2) It does not conflict with other City, state and federal codes, regulations and ordinances.
Analysis: The proposed amendments do not conflict with any other regulations.
II. CONCLUSIONS & RECOMMENDATION
Based on the findings above, the Planning Commission concludes that the proposed amendments to
the Bremerton Municipal Code Title 20 Land Use Chapter, meets the requirements in BMC
20.18.020(d) text amendments, and therefore recommends to the City Council, the adoption of
amendments to Title 20.
Respectfully submitted by:
L. Sp6ncer, Executive Secretary
Rick Tift, Chair V/
2
CITY COUNCIL 345 61h Street, Suite 100, Bremerton, WA 98337 Phone (360) 473-5280
2018 City Council Goals & Priorities
Established at the Joint Planning Workshop on Febi f _ _, s
1. Increase Public Outreach through Social Media (E'ntire Council)
2. Local Streets and Sidewalks Improvements tier` x ;:u° Vor-ks Committee)
• Develop a Sidewalk Policy and Work Plan
• Action Plan for Local Street Repair
• Secure Additional Funding
3. Economic Development =_afire t;ocrr£ ;s
• Review B & O Tax Policy
• Support/Develop Business Friendly Policies
• Support Opportunity Zones designated in the City
4. Improve Intra
�-��City Traffic Flow and Reduce Parking Congestion (Finance,
IekEves i{#Vn 0..F d i
• Develop and Implement a Comprehensive Parking Plan
5. Code Enforcement I '�ubhr, Safety & Parks Cora7rrrirtee)
• Design and Implement Proactive Code Enforcement Program and Codes
6. Improving Kitsap Lake Water Quality (Pu lir° Safefy : Parks Corp milkc,Z ;
7. Work with Kitsap Transit to Improve Public Transportation in Bremerton
(Kitsap Transit
8. Quality Affordable Housing Public lic afety & Parks mrrnitt x
• Rental Housing Safety Program
• Establish stronger connection with Bremerton Housing Authority
• Explore opportunities with other stakeholders
• Develop a coordinated County -wide response to homeless issues by
working more closely with Kitsap County, Port Orchard, Poulsbo, and
Bainbridge Island on homelessness problems and solutions