HomeMy WebLinkAbout09/26/2018 AGENDA PACKET______________________________________________________________
CITY COUNCIL 345 6th Street, Suite 100, Bremerton, WA 98337 Phone (360) 473-5280
SEPTEMBER 26, 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 during the Study Session except when deemed appropriate; and the content of
these items is subject to change. If approved by Council, the items will be placed on the October 3,
2018 Council Meeting Agenda:
A. NO PRESENTATION PLANNED - The following items are budgeted items or subjects that have
been raised by the appropriate Council Committee Members:
1. Confirm Reappointment of Kyle Meagher to the BKAT Advisory Committee
2. Confirm Reappointment of Bob Moore to the BKAT Advisory Committee
3. Confirm Reappointment of Sheldon Parr to the BKAT Advisory Committee
4. Sole Source Purchase of a Pre-built Service/Water Truck for the Parks Department from
Cobalt Truck Equipment of Spokane, WA
5. Resolution to waive competitive bidding requirements and authorize Sole Source Purchase
of a Sensus Flexnet System from Ferguson Waterworks
6. Proposed Public Hearing on Ordinance to vacate a portion of an alley west of Wheaton Way
and south of E. 13th Street
7. Proposed Public Hearing for the 2018 Edward Byrne Memorial Justice Assistance Grant
8. Interlocal Agreement with the City of Poulsbo for Cooperative Police Efforts in the Special
Operations Group
9. Acceptance of Assistance to Firefighters Grant from Federal Emergency Management
Agency
B. BRIEFINGS AND FULL PRESENTATIONS
1. Proposed Public Hearing (1 of 2) for Telecommunications Tower Option & Lease Agreement
with Vertical Bridge, LLC for Forest Ridge Park
2. Lodging Tax Advisory Committee FY-2019 Recommendations
3. Ordinance amending Chapter 3.78 of the Bremerton Municipal Code entitled “Multifamily Tax
Exemption”; and establishing the Affordable Housing Capital Fund
C. GENERAL COUNCIL BUSINESS
1. Review of 2018 City Council Goals – Council President Eric Younger
2. Audit Committee Briefing (09/25/18 Meeting) – Committee Member Pat Sullivan
3. Finance & Parking Committee Briefing (09/25/18 Meeting) – Chair Richard Huddy Meeting
rescheduled
4. Other General Council Business
D. ADJOURNMENT OF STUDY SESSION
Immediately following adjournment of the Study Session, an EXEMPT CLOSED SESSION
allowed under RCW 42.30.140 (4)(b), will be held to discuss Labor Negotiations or Proceedings…
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 Reappointment of Kyle
Meagher to the Bremerton-Kitsap (BKAT)
Access Television Advisory Committee
Study Session Date: September 26, 2018
COUNCIL MEETING Date: October 3, 2018
Department: Executive
Presenter: Greg Wheeler
Phone: (360) 473-5266
SUMMARY: The Mayor is seeking confirmation for the reappointment of Kyle Meagher to the BKAT
Citizens Advisory Committee. Mr. Meagher is re-applying to fill a Bremerton – Community seat. He
has previously served on the BKAT CAC in the Bremerton – Education seat. It is a one year
position.
ATTACHMENTS: Application to the committee is available in the Mayor’s Office.
FISCAL IMPACTS (Include Budgeted Amount): None.
STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Briefing/Full Presentation
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to confirm the Reappointment of Kyle Meagher to the Bremerton-Kitsap Access Television
Advisory Committee for the term expiring ____________.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 01/02/2018
A1
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Confirm Reappointment of Bob
Moore to the Bremerton-Kitsap (BKAT)
Access Television Advisory Committee
Study Session Date: September 26, 2018
COUNCIL MEETING Date: October 3, 2018
Department: Executive
Presenter: Greg Wheeler
Phone: (360) 473-5266
SUMMARY: The Mayor is seeking confirmation for the re-appointment of Bob Moore to the BKAT
Citizens Advisory Committee. Bob is a Senior at Bremerton High School. This is his second 1 year
term.
ATTACHMENTS: Application to the committee is available in the Mayor’s Office.
FISCAL IMPACTS (Include Budgeted Amount): None.
STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Briefing/Full Presentation
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to confirm the Reappointment of Bob Moore to the Bremerton-Kitsap Access Television
Advisory Committee for the term expiring ____________.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 01/02/2018
A2
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Confirm Reappointment of
Sheldon Parr to the Bremerton-Kitsap
(BKAT) Access Television Advisory
Committee
Study Session Date: September 26, 2018
COUNCIL MEETING Date: October 3, 2018
Department: Executive
Presenter: Greg Wheeler
Phone: (360) 473-5266
SUMMARY: The Mayor is seeking confirmation for the reappointment of Sheldon “Doc” Parr to the
BKAT Citizens Advisory Committee. Mr. Parr is re-applying for his Bremerton – User seat. His non-
profit group has one of the longest programs running on BKAT, “WestSound TV Presents”. This is
his third one year term.
ATTACHMENTS: Application to the committee is available in the Mayor’s Office.
FISCAL IMPACTS (Include Budgeted Amount): None.
STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Briefing/Full Presentation
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to confirm the (re)appointment of Sheldon Parr to the Bremerton-Kitsap Access Television
Advisory Committee for the term expiring ____________.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 01/02/2018
A3
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Sole Source Purchase of a Pre-
built Service/Water Truck for the Parks
Department from Cobalt Truck Equipment of
Spokane, WA
Study Session Date: September 26
COUNCIL MEETING Date: October 3, 2018
Department: PW&U / ERR
Presenter: Milenka Hawkins-Bates
Phone: (360) 473-5333
SUMMARY: July 28, 2018 the Parks water truck caught fire rendering it a complete loss. This
vehicle was a surplus vehicle that had been outfitted for use to water the hanging flower baskets,
pots, planters and planting beds associated with the City’s Flower Program. Due to savings in the
Personnel budget, it is being requested to use the savings to offset the purchase of a new truck for
this function.
The requested vehicle is Ford F-550 outfitted with a flatbed chassis, water tank and pump. 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 $70,575.00
including Washington State sales tax.
ATTACHMENTS: 1) Sole Source Memo; 2) Quote; 3) Picture
FISCAL IMPACTS (Include Budgeted Amount): Parks and Recreation anticipates a minimum
savings of $90,000 in the department’s 2018 Personnel budget due to vacancies. Staff is requesting
a budget adjustment to reallocate $80,000 from personnel to supplies and services as an equipment
interfund charge. The total ERR budget increase (Fund 510) is $80,000.
STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION: Move to approve the purchase of the pre-built service/water truck in the
amount of $70,575.00 including Washington State sales tax from Cobalt Truck Equipment of
Spokane WA; and approve a budget adjustment of up to $80,000 as described under Fiscal Impacts
and adjust the General Fund Parks and ERR budgets for the same amount as described above.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 01/02/2018
A4
$26,420.00
$38,150.00
$64,570.00
$ 6,005.00 9.3% Tax
$70,575.00 TOTAL
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Resolution No. to waive
bidding requirements and authorize a Sole
Source Purchase of Sensus Flexnet System
from Ferguson Waterworks
Study Session Date: September 26, 2018
COUNCIL MEETING Date: October 3, 2018
Department: PW & U
Presenter: Wayne Hamilton
Phone: (360) 473-5207
SUMMARY: This proposal is to purchase and install four Sensus Flexnet M400 Base Station fixed
base metering system. Over the past seven years, Bremerton’s Utility staff has been working to
replace the water meters and transceivers to be compatible with this new technology, which will allow
the Utility Billing staff to read, detect leaks, communicate with, shut off, and check for leaks for any
individual meter by accessing a software program from their desks. This system will also enable
designated city staff to control, monitor and adjust the city’s street lights from their work station.
ATTACHMENTS: 1) Sole Source Resolution No. ; 2) General Information Sheet; and
3) Price Quote
FISCAL IMPACTS (Include Budgeted Amount):
This item is budgeted in the Water Utility Capital Program.
STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to approve Sole Source Resolution No. and Sole Source Purchase of the Sensus Flexnet
System from Ferguson Waterworks in the amount of $341,758.60 including Washington State sales
tax; and authorize the Mayor to finalize and execute the purchase with substantially the same terms
and conditions as presented.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 01/02/2018
A5
Page 1 of 2
Resolution Sensus Flexnet
Rev. 10/2018
RESOLUTION NO. ________
A RESOLUTION of the City Council of the City of
Bremerton, Washington, waiving competitive bidding
requirements and authorizing purchase of the Sensus Flexnet
System from Ferguson Waterworks.
WHEREAS, RCW 39.04.280(1)(c) specifically authorizes a municipality to
waive competitive bidding requirements "for purchases that are clearly and legitimately limited
to a single source of supply";
WHEREAS, the City has over the last seven years been installing water meters
and transducers with the expectation to move into the Smart Utility Solutions with the Sensus
FlexNet System, which is manufactured by Sensus Metering Systems;
WHEREAS, the Sensus FlexNet System is proprietary and Sensus Metering
Systems is the only company that provides the hardware and software to interface with the
City’s water metering installation;
WHEREAS, Sensus Metering Systems contracts with regional suppliers who are
the only authorized distributors of the FlexNet System;
WHEREAS, Ferguson Waterworks is the regional distributor of the FlexNet
System closest to the City of Bremerton; and
WHEREAS, under these circumstances it is appropriate and in the best interest of
the City to make this sole source purchase of the Sensus FlexNet System from Ferguson
Waterworks ; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The purchase of the Sensus FlexNet System from Ferguson
Waterworks is clearly and legitimately limited to a single source of supply, and waiver of
competitive bidding requirements is hereby authorized.
SECTION 2. The Mayor or designee is authorized to enter into a contract with
Ferguson Waterworks in the amount not to exceed $341,758.60 to complete the system
networking with water meters and street lighting systems.
SECTION 3. Severability. If any one or more sections, subsections, or sentences
of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the
validity of the remaining portion of this Resolution and the same shall remain in full force and
effect.
Page 2 of 2
Resolution Sensus Flexnet
Rev. 10/2018
SECTION 4. Effective Date. This Resolution shall take effect and be in force
immediately upon its passage.
PASSED by the City Council of the City of Bremerton, Washington this _____ day of
October, 2018.
ERIC YOUNGER, Council President
APPROVED AS TO FORM: ATTEST:
ROGER A. LUBOVICH, City Attorney Angela Woods, City Clerk
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Public Hearing on Ordinance
No.____ to vacate a portion of an alley west
of Wheaton Way and south of E. 13th Street
Study Session Date: September 26, 2018
COUNCIL MEETING Date: October 3, 2018
Department: PW&U
Presenter: Tom Knuckey
Phone: (360) 473-2376
SUMMARY: The adjacent property owner has petitioned the City to have a portion of the alley
located west of Wheaton Way and south of East 13th Street vacated to facilitate their planned
townhome development. The alley portion fronts 3 properties; 1147 Wheaton Way (the applicant),
1145 Wheaton Way and 1903 East 13th Street. The owner of 1903 East 13th Street has signed the
petition to support the vacation, the owner of 1145 Wheaton Way has not endorsed the vacation.
The two property owners supporting the vacation comprise 78% of the vacation frontage. BMC
11.20.070 states “if the petition is signed by the owners of more than two-thirds of the property on a
front footage basis…the council, shall by resolution, fix a time when the petition will be heard.”
Easements will be retained for private utilities and potential City utilities.
ATTACHMENTS: 1. Proposed Ordinance No. _______; 2. Engineering Staff Report; 3. Exhibit A –
Legal Description; Exhibit B – Site Plan; 4. Photographs; and 5. Petition for Vacation
FISCAL IMPACTS (Include Budgeted Amount): None
STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to pass Ordinance No. ____ to vacate a portion of the alley west of Wheaton Way and south of
East 13th Street.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 01/02/2018
A6
1
Vacation of Alley West of Wheaton
Way & South of East 13th Street
ORDINANCE NO. __________
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, relating to the vacation of a portion of the
alley west of Wheaton Way and south of East 13th Street.
WHEREAS, the City has initiated the vacation in accordance with Bremerton
Municipal Code (BMC) 11.20.080 to allow the adjacent property owner to meet set-back
requirements for construction of a multi-family development on his property; and
WHEREAS, the City passed Resolution No. 3310 setting a hearing date to
consider the vacation, to take public comment or consider written objections to the vacation; and
WHEREAS, fewer than fifty percent of the property owners abutting said right-
of-way filed written objections to this action prior to the time set for public hearing herein; and
WHEREAS, a public hearing was held with proper notice on October 3, 2018, in
the City Council Chambers of the Bremerton City Hall to take public comment or consider
written objections to the vacation; and
WHEREAS, the City Council has determined that it is in the best interest of the
public to proceed with the vacation; NOW, THEREFORE
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Recitals. The foregoing recitals are incorporated as if fully set
forth herein.
SECTION 2. Vacation of Right-of-Way. A portion of the alley west of Wheaton
Way and South of East 13th Street legally described in Exhibit A and shown on the site plan set forth
in Exhibit B, which exhibits are attached and incorporated herein by this reference, is hereby
vacated to the abutting property owners subject to the reservation of easements, if any, as applicable.
SECTION 3. Reservation of Easements.
(a) Existing Utilities: easements are reserved for existing private utilities for
operation, maintenance and repair of facilities over, under and upon the entire area vacated
pursuant to this ordinance.
(b) Future Utilities: easements are reserved for the City of Bremerton for
construction, operation, maintenance and repair of potential future facilities over, under and upon
the entire area vacated pursuant to this ordinance.
SECTION 4. Vested Rights. No vested rights shall be affected by the provisions
of this ordinance.
2
Vacation of Alley West of Wheaton
Way & South of East 13th Street
SECTION 5. Severability. If any one or more sections, subsections, or
sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect
the validity of the remaining portion of this Ordinance and the same shall remain in full force and
effect.
SECTION 6. Effective Date. This ordinance shall take effect and be in force ten
(10) days from and after its passage, approval and publication as provided by law.
PASSED by the City Council of the City of Bremerton, Washington this ________ day of
________________, 2018.
ERIC YOUNGER, Council President
Approved this _______ day of ________________, 2018.
GREG WHEELER, Mayor
APPROVED AS TO FORM: ATTEST:
ROGER A. LUBOVICH, City Attorney ANGELA WOODS, City Clerk
PUBLISHED the ______ day of _______________________, 2018.
EFFECTIVE the ______ day of _______________________, 2018
ORDINANCE NO. __________
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT:
Proposed Public Hearing for the 2018
Edward Byrne Memorial Justice
Assistance Grant
Study Session Date: September 26, 2018
COUNCIL MEETING Date: October 3, 2018
Department: Police
Presenter: T. Wolfe and R. Plumb
Phone: (360) 473-5841
SUMMARY:
The Bremerton Police Department is applying for the local solicitation of the Edward Byrne Memorial
Justice Assistance Grant (JAG). Since 2010, funding has been used to help fund the salary for the
position of the Community Resource Specialist. The grant will allow the City to continue the
Community Resource Unit and its crime prevention function and programs. The grant is from the
Department of Justice. No matching funds are required of the City. The total grant amount is
$20,900.
ATTACHMENTS:
2018 Edward Byrne Memorial Justice Assistance Grant Application
FISCAL IMPACTS (Include Budgeted Amount): None
STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to approve the Edward Byrne Memorial Justice Grant; and to 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
A7
Purpose Area #4
8.Fringe Benefits
Name Computation
List each grant-supported position receiving fringe benefits. Show the basis for computation.
Base Tota/Cost Non-Federal Federal Rate Contribution Request
$73,936.00 44.84% $33,153 $33,153
Total(s) $33,153 $0 $33,153
Narrative
Our Fringe benefit rate is 44.84 FICA -6.2%; Industrial Insurance -.. 05 center per hour worked; Workers Comp -.. 01 cents per hours worked; Retirement 12. 71%; Accumulated Leave -
1.45%; Unemployment -.06%; Medical/Dental/Vision -$1,445.15 per month
2
Budget Summary
Budget Summary
Note: Any errors detected on this page should be fixed on the corresponding Budget Detail tab.
Year 1 Year 2 Year 3 Year4 Year 5
(if needed) (if needed) (if needed) (if needed) ... ............"' "' "' "' QI � QI � QI � QI � QI � ::::, .......::::, .... ...::::, .... ...::::, .... ...::::, .... ...CT QI "' CT QI "' CT QI "' CT QI "' CT QI "' 3 QI "C QI QI "C QI QI "C QI QI "C QI QI "C QI Budget Category 0::: QI ::::, 0::: QI ::::, 0::: QI ::::, 0::: QI ::::, 0::: QI ::::, � u. CT � u. CT � u. CT � u. CT � u. CT ... ' QI ' QI g � ' QI ' QI {:. QI g 0::: QI g 0::: QI QI g 0::: QI g 0::: "C z "C z "C z "C z "C z QI QI QI QI QI u. u. u. u. u.
A.Personnel $73,937 $0 $0 $0 $0 $0 $0 $0 $0 $0 $73,937
B. Fringe Benefits $33,153 $0 $0 $0 $0 $0 $0 $0 $0 $0 $33,153
C. Travel $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0
D. Equipment $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0
E. Supplies $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0
F. Construction $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0
G. Subawards (Subgrants)$0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0
H.Procurement Contracts $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0
I. Other $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0
Total Direct Costs $107,090 $0 $0 $0 $0 $0 $0 $0 $0 $0 $107,090
J. Indirect Costs $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0
Total Project Costs $107,090 $0 $0 $0 $0 $0 $0 $0 $0 $0 $107,090
Does this budget contain conference costs which is defined broadly to include meetings, retreats, seminars, symposia, and training activities? - Y /N No
1
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Interlocal Agreement with the
City of Poulsbo for Cooperative Police
Efforts in the Special Operations Group
Study Session Date: September 26, 2018
COUNCIL MEETING Date: October 3, 2018
Department: Police
Presenter: T. Wolfe and R. Plumb
Phone: (360) 473-5841
SUMMARY: To create a collaborative effort between the Bremerton Police Department and the
Poulsbo Police Department to enhance joint investigative abilities in order to more effectively identify,
arrest and deter those members of our community involved in the use, sale, manufacturing of
narcotics, prostitution, gambling or criminal gang activity.
ATTACHMENTS: 1) Interlocal Agreement Between the City of Bremerton and the City of Poulsbo
2) Exhibit A
FISCAL IMPACTS (Include Budgeted Amount): The City of Poulsbo will receive a percentage of
the year’s forfeiture proceeds based on the amount of time their officer participates with BPD’s
Special Operations Group; the calculations are set forth in the ILA and in Exhibit A.
STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to approve the Interlocal Agreement with the City of Poulsbo; and authorize the Mayor to
finalize and execute the Interlocal Agreement with substantially the same terms and conditions as
presented.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 01/02/2018
A8
Page 1 of 4
INTERLOCAL AGREEMENT BETWEEN
THE CITY OF BREMERTON AND
THE CITY OF POULSBO
This Interlocal Agreement is made and entered into pursuant to the provisions of Chapter 39.34
RCW by and between the City of Bremerton (“Bremerton”) and the City of Poulsbo (“Poulsbo”).
WHEREAS, this Agreement is intended to create a collaborative effort between the City of
Poulsbo Police Department (“PPD”) and the City of Bremerton Police Department (“BPD”) to enhance
joint investigative abilities in order to more effectively identify, arrest and deter those members of our
community involved in the use, sale, manufacturing and distribution of narcotics, prostitution, gambling
or criminal gang activity.
NOW THEREFORE, Poulsbo and Bremerton, through their respective legislative bodies, do
hereby agree as follows:
1. Poulsbo shall assign, (i) on a case-by-case basis, or (ii) on a regular schedule upon mutual
written agreement of the parties for a set period of time, a part-time officer to work in the BPD
Special Operations Group (“SOG”) to participate in narcotics, prostitution, gambling and gang
investigations. As of the date of this Agreement, PPD is participating in one case; however, this
Agreement anticipates that PPD may commit an officer in future individual cases, or on a regular
schedule to work on multiple cases. This understanding permits the Poulsbo police officer to
work out of the SOG office in Bremerton, Washington. SOG will target criminal activities that
impact both the City of Poulsbo and the City of Bremerton communities. These officers will
liaise between the agencies and facilitate a closer working relationship.
2. BPD recognizes that the assigned Poulsbo police officer has responsibilities with PPD and may
be required to provide investigative support, attend mandatory training, conduct investigations or
attend to other work-related issues for Poulsbo.
3. BPD also recognizes that the assigned Poulsbo police officer has reporting responsibilities to
PPD regarding his or her delegated duties in SOG. Prior to reporting any information to PPD
regarding an ongoing SOG investigation or covert operation, the assigned Poulsbo police officer
will obtain approval from the SOG supervisor. This will allow Poulsbo and SOG superiors to
ensure that the investigation or operation is not compromised.
4. BPD will issue a limited police commission to the Poulsbo officer assigned to work with SOG.
This limited commission is authorized when assigned to SOG and gives authority to the Poulsbo
officer to enforce ordinances of the City of Bremerton and to protect the public peace within the
City of Bremerton. This commission is valid during work hours and for the duration of the
officer’s assignment. At the conclusion of this agreement all forms of identification and
authorization issued by the Bremerton Police Department will be returned and terminated.
5. PPD will issue a limited police commission to the Bremerton Police officers assigned to SOG.
This limited commission is authorized when assigned to SOG and gives authority to the
Bremerton officers to enforce ordinances of the City of Poulsbo and to protect the public peace
within the City of Poulsbo. This commission will be revoked upon the Bremerton officer leaving
SOG. At the conclusion of this agreement all forms of identification and authorization issued by
PPD will be returned and terminated.
Page 2 of 4
6. Law enforcement personnel assigned to SOG shall have such authority to enforce state laws
within the geographical area of the Cities of Bremerton and Poulsbo, or any other jurisdiction in
Washington, as is given them by the Washington Mutual Aid Peace Officers Powers Act,
R.C.W. 10.93.
7. PPD personnel assigned to SOG will adhere to the policies established by SOG and PPD and will
work under the day-to-day supervision of the SOG supervisor. Nevertheless, at all times, PPD
personnel assigned to SOG shall be considered employees of the PPD, which shall be solely and
exclusively responsible for that employee. All rights, duties and obligations of the employer
shall remain with PPD. The personnel assigned by PPD shall continue under the employment of
PPD 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.
8. Indemnification.
a. In executing this agreement, Poulsbo does not assume liability or responsibility for or in
any way release Bremerton from any liability or responsibility, which arises in whole or in part
from the existence, validity or effect of Bremerton ordinances, rules or regulations. If any such
cause, claim, suit, action or administrative proceeding is commenced, Bremerton shall defend the
same at its sole expense and if judgment is entered or damages are awarded against Bremerton,
Poulsbo, or both, Bremerton shall satisfy the same, including all chargeable costs and attorney's
fees.
b. In executing this agreement, Bremerton does not assume liability or responsibility for or
in any way release Poulsbo from any liability or responsibility, which arises in whole or in part
from the existence, validity or effect of Poulsbo ordinances, rules or regulations. If any such
cause, claim, suit, action or administrative proceeding is commenced, Poulsbo shall defend the
same at its sole expense and if judgment is entered or damages are awarded against Poulsbo,
Bremerton or both, Poulsbo shall satisfy the same, including all chargeable costs and attorney's
fees.
c. Poulsbo shall indemnify and hold harmless Bremerton and its officers, agents, and
employees, or any of them, from and against any and all claims, actions, suits liability, loss,
costs, expenses, and damages of any nature whatsoever, which are caused by or result from a
negligent act or omission of Poulsbo, its officers, agents, and employees in performing services
pursuant to this agreement. In the event that any suit based upon such a claim, action, loss, or
damage is brought against Bremerton or Bremerton and Poulsbo, Poulsbo shall defend the same
at its sole cost and expense; and if final judgment be rendered against Bremerton and its officers,
agents, and employees or jointly against Bremerton and Poulsbo and their respective officers,
agents, and employees Poulsbo shall satisfy the same.
d. Bremerton shall indemnify and hold harmless Poulsbo and its officers, agents, and
employees, or any of them, from and against any and all claims, actions, suits, liability, loss,
costs, expenses, and damages of any nature whatsoever, which are caused by or result from a
negligent act or omission of Bremerton, its officers, agents, and employees in performing
services pursuant to this agreement. In the event that any suit based upon such a claim, action,
loss, or damage is brought against Poulsbo or Bremerton and Poulsbo, Bremerton shall defend
the same at its sole cost and expense; and if final judgment be rendered against Poulsbo, and its
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officers, agents, and employees or jointly against Poulsbo and Bremerton and their respective
officers, agents, and employees Bremerton shall satisfy the same.
e. If a claim is made that both parties are responsible for all or a portion of damages alleged
to have been sustained as a result of acts or omissions of the parties hereto, then the above
referenced indemnity and hold harmless provisions shall apply only to the extent of the
proportion of liability attributable to the indemnifying party. If liability is not or cannot be
apportioned, then the parties shall be responsible for their own costs and attorney’s fees incurred
in the matter and shall indemnify and hold the other party harmless for one half of any amount
awarded by the Court or other decision-making body with jurisdiction as a result of the alleged
acts or omissions.
9. Poulsbo agrees to furnish and pay for service of a cellular system for its assigned agent that is
compatible to cellular equipment utilized by SOG.
10. Bremerton will provide workspace and work station with required computer equipment and
maintenance support for the assigned Poulsbo officer.
11. Bremerton, through its SOG supervisor, shall maintain a fund of ready cash so that day-to-day
needs of SOG can be met. The Poulsbo officer assigned to SOG will be apportioned imprest
monies from the fund by the SOG supervisor, in accordance with SOG polices, to conduct
controlled narcotics purchases and other authorized official business. The assigned Poulsbo
officer will be accountable for the proper handling of the funds in accordance with SOG policy
and will be subject to audit.
12. For operational necessity, the assigned Poulsbo officer will be authorized to participate in SOG
required training and meetings.
13. The Poulsbo officer assigned to SOG pursuant to this agreement will receive compensation from
Poulsbo only. Should SOG participate in a federally-funded Organized Crime Drug
Enforcement Task Force (OCDETF) case, Poulsbo may be reimbursed for any overtime costs
directly associated with the officer’s participation in that case.
14. The terms of this agreement will commence as of the date signed by both parties. This
agreement can be terminated at any time with 30 days written notice by either party with the
understanding that all reasonable attempts will be made not to jeopardize personnel and active
undercover operations.
15. The parties do not create through this Agreement a separate legal entity subject to suit. No
jointly-owned property will be acquired or maintained pursuant to this Agreement.
16. Drug forfeiture cash and cash proceeds from sales of property forfeited as a result SOG
operations pursuant to RCW 69.50.505 shall be placed into a forfeiture fund managed by
Bremerton. Such monies shall remain subject to the use restrictions of RCW 69.50.505 in the
hands of each party until fully expended for the law enforcement purposes permitted in RCW
69.50.505.
17. i. Case-by-Case Assignments: Poulsbo shall receive from Bremerton a sum equal to seven
percent (7 %) of the drug forfeiture cash and cash proceeds from sales of forfeited property for
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each case in which its officer participates with SOG. The seven percent is calculated after
deduction of the State of Washington remittance required by RCW 69.50.505(9).
ii. Regular Schedule: If the parties agree that a PPD officer is needed on more than a case-by-
case basis, and agree on a regular weekly schedule per section 1.ii above, Bremerton shall
provide to Poulsbo a portion of the annual SOG proceeds according to Exhibit A, which is
attached hereto and incorporated herein. Annual proceeds are calculated based on the calendar
year, and PPD shall be paid after any calendar year during which the PPD officer participates in
SOG on a regular schedule.
18. BPD will issue tactical equipment that is available within the SOG quartermaster system. All
other officer equipment will be purchased by and the responsibility of PPD.
19. BPD will assign a SOG unmarked / undercover vehicle to the Poulsbo officer when participating
in SOG cases on a regular schedule. Fuel and maintenance will be the responsibility of PPD.
20. Poulsbo shall be responsible for record keeping, reporting, managing and dispersing of funds it
receives from the forfeiture fund in accordance with the restrictions and provisions of RCW
69.50.505.
21. The Chiefs of BPD and PPD, or their designees, will administer this Agreement for each party,
and will meet each quarter, or as needed, for the purpose of reviewing and discussing the
operations and performance of SOG.
22. This Agreement shall be filed with the County Auditor or listed by subject on each party’s
website pursuant to RCW 39.34.
Signatures of approving authorities.
Dated this ___________ day of _________________ 2018
___________________________________ _____________________________
Dan Schoonmaker Jim Burchett
Chief of Police, City of Poulsbo Chief of Police, City of Bremerton
___________________________________ ______________________________
Becky Erickson Grey Wheeler
Mayor, City of Poulsbo Mayor, City of Bremerton
EXHIBIT A
*Calculations do not consider the required remittance to the State.*
Example
Parties agree that PPD officer will work 4 weeks, 10 hours per week = 40 hours
In 4 weeks, BPD officers (always calculate at 4 officers @ 40hrs/week) would work 640 hours
The total working hours of the BPD SOG officers plus the PPD officer are 640 + 40 = 680 hours
The PPD officer’s hours are 5.88% of all the officers’ working hours: 40 hours = x% of 680 hours; x =
.0588 = 5.88%
4 weeks of work is 7.69% of the weeks in a year: 4 weeks = x% of 52 weeks = .0769 = 7.69%
PPD receives 5.88% of 7.69% of the year’s proceeds: $100,000(example year’s proceeds) x .0588 x .0769
= $452.35
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Acceptance of Assistance to
Firefighters Grant with Federal Emergency
Management Agency
Study Session Date: September 26, 2018
COUNCIL MEETING Date: October 3, 2018
Department: Fire
Presenter: David Schmitt, Fire Chief
Phone: (360) 473-5381
SUMMARY: The Bremerton Fire Department has received approval for a regional Assistance
to Firefighters Grant to fund the Firefighter Safety and Survival Training program (2018
budget goal).
ATTACHMENTS: 1) Award Package from FEMA; and 2) Agreement with IAFF
FISCAL IMPACTS (Include Budgeted Amount): $110,984 grant with a 10% matching
requirement from three (3) agencies; CKFD, SKFD and BFD. Each will share the 10% cost
($11,098/3 = $3,700 each).
STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to approve and accept the Assistance to Firefighter Grant with FEMA; 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
A9
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Award Package
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U.S. Department of Homeland Security
Washington, D.C. 20472
Mr. David Schmitt Bremerton Fire Department 911 Park Avenue Bremerton, Washington 98337-1550
Re: Award No.EMW-2017-FO-00888
Dear Mr. Schmitt:
Congratulations, on behalf of the Department of Homeland Security, your application for financial assistance submitted
under the Fiscal Year (FY) 2017 Assistance to Firefighters Grant has been approved in the amount of $100,895.00. As a
condition of this award, you are required to contribute a cost match in the amount of $10,089.00 of non-Federal funds, or
10 percent of the Federal contribution of $100,895.00.
Before you request and receive any of the Federal funds awarded to you, you must establish acceptance of the
award through the Assistance to Firefighters Grant Programs' e-grant system. By accepting this award, you
acknowledge that the terms of the following documents are incorporated into the terms of your award: Summary Award Memo
Agreement Articles (attached to this Award Letter)
Obligating Document (attached to this Award Letter)
FY 2017 Assistance to Firefighters Grant Notice of Funding Opportunity.
Please make sure you read, understand, and maintain a copy of these documents in your official file for this award.
Prior to requesting Federal funds, all recipients are required to register in the System for Award Management
(SAM.gov). As the recipient, you must register and maintain current information in SAM.gov until you submit the final
financial report required under this award or receive the final payment, whichever is later. This requires that the recipient
review and update the information annually after the initial registration, and more frequently for changes in your
information. There is no charge to register in SAM.gov. Your registration must be completed on-line at
https://www.sam.gov/portal/public/SAM/. It is your entity's responsibility to have a valid DUNS number at the time of
registration.
In order to establish acceptance of the award and its terms, please follow these instructions:
Step 1: Please go to https://portal.fema.gov to accept or decline your award. This will take you to the Assistance to
Firefighters eGrants system. Enter your User Name and Password as requested on the login screen. Your User Name
and Password are the same as those used to complete the application on-line.
Once you are in the system, the Status page will be the first screen you see. On the right side of the Status screen, you
will see a column entitled Action. In this column, please select the View Award Package from the drop down menu. Click
Go to view your award package and indicate your acceptance or declination of award. PLEASE NOTE: your period of
performance has begun. If you wish to accept your grant, you should do so immediately. When you have finished, we
recommend printing your award package for your records.
Step 2: If you accept your award, you will see a link on the left side of the screen that says Update 1199A in the Action
column. Click this link. This link will take you to the SF-1199A, Sign-up Form. Please complete the SF-1199A on-line if
you have not done so already. When you have finished, you must submit the form electronically. Then, using the Print
1199A Button, print a copy and keep the original form in your grant files. Once approved you will be able to request
payments online. If you have any questions or concerns regarding your 1199A, or the process to request your funds, please call (866) 274-
0960.
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Sincerely,
Thomas George DiNanno GPD Assistant Administrator
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Summary Award Memo
INSTRUMENT:GRANT
AGREEMENT NUMBER:EMW-2017-FO-00888
GRANTEE:Bremerton Fire Department
DUNS NUMBER:556846970
AMOUNT:$110,984.00, Operations and Safety
Project Description
The purpose of the Assistance to Firefighters Program is to protect the health and safety of the public and
firefighting personnel against fire and fire-related hazards.
After careful consideration, FEMA has determined that the recipient's project or projects submitted as part of the
recipient's application, and detailed in the project narrative as well as the request details section of the application -
including budget information - was consistent with the Assistance to Firefighters Grant program's purpose and
worthy of award. The projects approved for funding are indicated by the budget or negotiation comments below.
The recipient shall perform the work described in the grant application for the recipient's approved project or
projects as itemized in the request details section of the application and further described in the grant application
narrative. The content of the approved portions of the application - along with any documents submitted with the
recipient's application - are incorporated by reference into the terms of the recipient's award. The recipient may not
change or make any material deviations from the approved scope of work outlined in the above referenced sections
of the application without prior written approval, via amendment request, from FEMA.
Period of Performance
14-JUL-18 to 13-JUL-19
Amount Awarded
The amount of the award is detailed in the attached Obligating Document for Award. The following are the budgeted
estimates for object classes for this grant (including Federal share plus recipient match):
Personnel:$33,984.00
Fringe Benefits $0.00
Travel $0.00
Equipment $32,000.00
Supplies $0.00
Contractual $45,000.00
Construction $0.00
Other $0.00
Indirect Charges $0.00
State Taxes $0.00
Total $110,984.00
NEGOTIATION COMMENTS IF APPLICABLE (max 8000 characters) Any questions pertaining to your award package, please contact your GPD Grants Management Specialist: Katrice
Hagan at Katrice.hagan@fema.dhs.gov.
FEMA Officials
Program Officer: The Program Specialist is responsible for the technical monitoring of the stages of work and
technical performance of the activities described in the approved grant application. If you have any programmatic
questions regarding your grant, please call the AFG Help Desk at 866-274-0960 to be directed to a program
specialist.
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Grants Assistance Officer: The Assistance Officer is the Federal official responsible for negotiating,
administering, and executing all grant business matters. The Officer conducts the final business review of all grant
awards and permits the obligation of federal funds. If you have any questions regarding your grant please call ASK-
GMD at 866-927-5646 to be directed to a Grants Management Specialist.
Grants Operations POC: The Grants Management Specialist shall be contacted to address all financial and
administrative grant business matters for this grant award. If you have any questions regarding your grant please
call ASK-GMD at 866-927-5646 to be directed to a specialist.
ADDITIONAL REQUIREMENTS (IF APPLICABLE) (max 8000 characters) Any questions pertaining to your award package, please contact your GPD Grants Management Specialist: Katrice
Hagan at Katrice.hagan@fema.dhs.gov.
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Agreement Articles
U.S. Department of Homeland Security
Washington, D.C. 20472
AGREEMENT ARTICLES
ASSISTANCE TO FIREFIGHTERS GRANT PROGRAM - Operations and Safety
GRANTEE: Bremerton Fire Department
PROGRAM: Operations and Safety
AGREEMENT NUMBER: EMW-2017-FO-00888
AMENDMENT NUMBER:
TABLE OF CONTENTS
The FY 2017 DHS Standard Terms and Conditions apply to all new federal financial assistance awards funded in FY
2017. The DHS financial assistance awards terms and conditions flow down to subrecipients, unless a particular
award term or condition specifically indicates otherwise.
Article I. Assurances, Administrative Requirements, Cost Principles, and Audit
Requirements
DHS financial assistance recipients must complete either the OMB Standard Form 424B Assurances -
Non-Construction Programs, or OMB Standard Form 424D Assurances - Construction
Programs as applicable. Certain assurances in these documents may not be applicable to your
program, and the DHS financial assistance office (DHS FAO) may require applicants to certify additional
assurances. Applicants are required to fill out the assurances applicable to their program as instructed by
the awarding agency. Please contact the DHS FAO if you have any questions.
DHS financial assistance recipients are required to follow the applicable provisions of the Uniform
Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards located at 2
C.F.R. Part 200, and adopted by DHS at 2 C.F.R. Part 3002.
Article II. DHS Specific Acknowledgements and Assurances
All recipients, subrecipients, successors, transferees, and assignees must acknowledge and agree to
comply with applicable provisions governing DHS access to records, accounts, documents,
information, facilities, and staff.
1. Recipients must cooperate with any compliance reviews or compliance investigations conducted by DHS.
2. Recipients must give DHS access to, and the right to examine and copy, records, accounts, and other
documents and sources of information related to the federal financial assistance award and permit
access to facilities, personnel, and other individuals and information as may be necessary, as required
by DHS regulations and other applicable laws or program guidance.
3. Recipients must submit timely, complete, and accurate reports to the appropriate DHS officials
and maintain appropriate backup documentation to support the reports.
4. Recipients must comply with all other special reporting, data collection, and evaluation requirements,
as prescribed by law or detailed in program guidance.
5. If, during the past three years, recipients have been accused of discrimination on the grounds of race,
color, national origin (including limited English proficiency (LEP)), sex, age, disability, religion, or familial
status, recipients must provide a list of all such proceedings, pending or completed, including outcome
and copies of settlement agreements to the DHS FAO and the DHS Office of Civil Rights and Civil
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Liberties (CRCL) by e-mail at crcl@hq.dhs.gov or by mail at U.S. Department of Homeland Security
Office for Civil Rights and Civil Liberties Building 410, Mail Stop #0190 Washington, D.C. 20528.
6. In the event courts or administrative agencies make a finding of discrimination on grounds of race,
color, national origin (including LEP), sex, age, disability, religion, or familial status against the
recipient, or recipients settle a case or matter alleging such discrimination, recipients must
forward a copy of the complaint and findings to the DHS FAO and the CRCL office by e-mail or
mail at the addresses listed above.
The United States has the right to seek judicial enforcement of these obligations.
Article III. Acceptance of Post Award Changes
In the event FEMA determines that changes are necessary to the award document after an award has been made,
including changes to period of performance or terms and conditions, recipients will be notified of the changes in
writing. Once notification has been made, any subsequent request for funds will indicate recipient acceptance of the
changes to the award. If you have questions about these procedures, please contact the AFG Help Desk at 1-866-
274-0960, or send an email to firegrants@dhs.gov.
Article IV. Acknowledgment of Federal Funding from DHS
All recipients must acknowledge their use of federal funding when issuing statements, press releases, requests for
proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with
federal funds.
Article V. Activities Conducted Abroad
All recipients must ensure that project activities carried on outside the United States are coordinated as necessary
with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained.
Article VI. Age Discrimination Act of 1975
All recipients must comply with the requirements of the Age Discrimination Act of 1975 (Title 42 U.S. Code, § 6101
et seq.), which prohibits discrimination on the basis of age in any program or activity receiving federal financial
assistance.
Article VII. Americans with Disabilities Act of 1990
All recipients must comply with the requirements of Titles I, II, and III of the Americans with Disabilities Act,
which prohibits recipients from discriminating on the basis of disability in the operation of public entities,
public and private transportation systems, places of public accommodation, and certain testing entities. (42
U.S.C. §§ 12101- 12213).
Article VIII. Animal Welfare Act of 1966
Where applicable, recipients of financial assistance will comply with the requirements of the Animal Welfare Act,
as amended (7 U.S.C. §2131 et seq.), which requires that minimum standards of care and treatment be provided
for vertebrate animals bred for commercial sale, used in research, transported commercially, or exhibited to the
public. Recipients must establish appropriate policies and procedures for the humane care and use of animals
based on the Guide for the Care and Use of Laboratory Animals and comply with the Public Health Service
Policy and Government Principles Regarding the Care and Use of Animals.
Article IX. Best Practices for Collection and Use of Personally Identifiable Information (PII)
DHS defines personally identifiable information (PII) as any information that permits the identity of an individual
to be directly or indirectly inferred, including any information that is linked or linkable to that individual. All
recipients who collect PII are required to have a publically-available privacy policy that describes standards on
the usage and maintenance of PII they collect. Recipients may also find the DHS Privacy Impact Assessments:
Privacy Guidance and Privacy template as useful resources respectively.
Article X. Civil Rights Act of 1964 - Title VI
All recipients must comply with the requirements of Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et
seq.), which provides that no person in the United States will, on the grounds of race, color, or national origin, be
excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or
activity receiving federal financial assistance. DHS implementing regulations for the Act are found at 6 C.F.R. Part
21 and 44 C.F.R. Part 7.
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Article XI. Civil Rights Act of 1968
All recipients must comply with Title VIII of the Civil Rights Act of 1968, which prohibits recipients from
discriminating in the sale, rental, financing, and advertising of dwellings, or in the provision of services in
connection therewith, on the basis of race, color, national origin, religion, disability, familial status, and sex (See 42
U.S.C. § 3601 et seq.), as implemented by the Department of Housing and Urban Development at 24 C.F.R. Part
100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or
more dwelling units-i.e., the public and common use areas and individual apartment units (all units in buildings with
elevators and ground-floor units in buildings without elevators)-be designed and constructed with certain
accessible features. (See 24 C.F.R. § 100.201.)
Article XII. Contract Provisions for Non-federal Entity Contracts under Federal Awards
In addition to other provisions required by the Federal agency or non-Federal entity, all contracts made by the
recipient under the Federal award must contain provisions as required by Appendix II of 2 C.F.R. Part 200, Contract
Provisions for Non-Federal Entity Contracts Under Federal Awards, including but not limited to the following:
a. Contracts for more than the simplified acquisition threshold set at $150,000.
All recipients who have contracts exceeding the acquisition threshold currently set at $150,000, which is the
inflation adjusted amount determined by Civilian Agency Acquisition Council and the Defense Acquisition
Regulation Council as authorized by 41 U.S.C. §1908, must address administrative, contractual, or legal
remedies in instance where contractors violate or breach contract terms and provide for such sanctions and
penalties as appropriate.
b. Contracts in excess of $10,000.
All recipients that have contracts exceeding $10,000 must address termination for cause and for
convenience by the non-Federal entity including the manner by which it will be effected and the basis for
settlement.
Article XIII. Copyright
All recipients must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 and an acknowledgement of
U.S. Government sponsorship (including the award number) to any work first produced under federal financial
assistance awards.
Article XIV. Debarment and Suspension
All recipients are subject to the non-procurement debarment and suspension regulations implementing Executive
Orders (E.O.) 12549 and 12689, and 2 C.F.R. Part 180. These regulations restrict federal financial assistance
awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from
or ineligible for participation in federal assistance programs or activities.
Article XV. Disposition of Equipment Acquired Under the Federal Award
When original or replacement equipment acquired under this award by the recipient or its sub-recipients is no
longer needed for the original project or program or for other activities currently or previously supported by
DHS/FEMA, you must request instructions from DHS/FEMA to make proper disposition of the equipment
pursuant to 2 C.F.R. § 200.313.
Article XVI. Drug-Free Workplace Regulations
All recipients must comply with the Drug-Free Workplace Act of 1988 (41 U.S.C. § 8101 et seq.), which requires
all organizations receiving grants from any federal agency agree to maintain a drug-free workplace. You as the
recipient must comply with drug-free workplace requirements in Subpart B (or Subpart C, if the recipient is an
individual) of 2 CFR part 3001, which adopts the Government-wide implementation (2 CFR part 182) of sec.
5152-5158 of the Drug-Free Workplace Act of 1988 (Pub. L. 100-690, Title V, Subtitle D; 41 U.S.C. 8101-8107).
Article XVII. Duplication of Benefits
Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R. Part 200, Subpart E
may not be charged to other federal financial assistance awards to overcome fund deficiencies, to avoid
restrictions imposed by federal statutes, regulations, or federal financial assistance award terms and conditions, or
for other reasons. However, these prohibitions would not preclude recipients from shifting costs that are
allowable under two or more awards in accordance with existing federal statutes, regulations, or the federal
financial assistance award terms and conditions.
Article XVIII. Education Amendments of 1972 (Equal Opportunity in Education Act) - Title IX
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All recipients must comply with the requirements of Title IX of the Education Amendments of 1972 (20 U.S.C. §
1681 et seq.), which provide that no person in the United States will, on the basis of sex, be excluded from
participation in, be denied the benefits of, or be subjected to discrimination under any educational program or
activity receiving federal financial assistance. DHS implementing regulations are codified at 6 C.F.R. Part 17
and 44 C.F.R. Part 19
Article XIX. Energy Policy and Conservation Act
All recipients must comply with the requirements of 42 U.S.C. § 6201 which contain policies relating to energy
efficiency that are defined in the state energy conservation plan issued in compliance with this Act.
Article XX. Environmental Planning and Historic Preservation Screening
AFG funded activities that may require an EHP review, involving the installation or requiring renovations to facilities,
including but not limited to air compressor/fill station/cascade system (Fixed) for filling SCBA, air improvement
systems, alarm systems, antennas, gear dryer, generators (fixed), permanently mounted signs, renovations to
facilities, sprinklers, vehicle exhaust systems (fixed) or washer/extractors are subject to FEMA's Environmental
Planning and Historic Preservation (EHP) review process. FEMA is required to consider the potential impacts to
natural and cultural resources of all projects funded by FEMA grant funds, through its EHP Review process, as
mandated by the National Environmental Policy Act; National Historic Preservation Act of 1966, as amended;
National Flood Insurance Program regulations; and, any other applicable laws and Executive Orders. To access the
FEMA's Environmental and Historic Preservation (EHP) screening form and instructions go to our Department of
Homeland Security/Federal Emergency Management Agency website at:
https://www.fema.gov/library/viewRecord.do?id=6906. In order to initiate EHP review of your project(s), you must
complete all relevant sections of this form and submit it to the Grant Programs Directorate (GPD) along with all
other pertinent project information. Failure to provide requisite information could result in delays in the release of
grant funds.
Article XXI. False Claims Act and Program Fraud Civil Remedies
All recipients must comply with the requirements of 31 U.S.C. § 3729- 3733 which prohibits the submission of
false or fraudulent claims for payment to the federal government. (See 31 U.S.C. § 3801-3812 which details the
administrative remedies for false claims and statements made.)
Article XXII. Federal Debt Status
All recipients are required to be non-delinquent in their repayment of any federal debt. Examples of relevant debt
include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. (See OMB Circular A-
129.)
Article XXIII. Federal Leadership on Reducing Text Messaging while Driving
All recipients are encouraged to adopt and enforce policies that ban text messaging while driving as described in
E.O. 13513, including conducting initiatives described in Section 3(a) of the Order when on official government
business or when performing any work for or on behalf of the federal government.
Article XXIV. Fly America Act of 1974
All recipients must comply with Preference for U.S. Flag Air Carriers (air carriers holding certificates under 49
U.S.C. § 41102) for international air transportation of people and property to the extent that such service is
available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49
U.S.C. § 40118) and the interpretative guidelines issued by the Comptroller General of the United States in the
March 31, 1981 amendment to Comptroller General Decision B-138942.
Article XXV. Hotel and Motel Fire Safety Act of 1990
In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C. § 2225a, all recipients
must ensure that all conference, meeting, convention, or training space funded in whole or in part with federal
funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of
1974, as amended, 15 U.S.C. § 2225.
Article XXVI. Limited English Proficiency (Civil Rights Act of 1964, Title VI)
All recipients must comply with the Title VI of the Civil Rights Act of 1964 (Title
VI) prohibition against discrimination on the basis of national origin, which requires that recipients of federal
financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency
(LEP) to their programs and services. For additional assistance and information regarding language access
obligations, please refer to the DHS Recipient Guidance https://www.dhs.gov/guidance-published-help-department-
supported-organizations-provide-meaningful-access-people-limited and additional resources on
http://www.lep.gov.
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Article XXVII. Lobbying Prohibitions
All recipients must comply with 31 U.S.C. § 1352, which provides that none of the funds provided under an federal
financial assistance award may be expended by the recipient to pay any person to influence, or attempt to
influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with any federal action concerning the award or renewal.
Article XXVIII. National Environmental Policy Act
All recipients must comply with the requirements of the National Environmental Policy Act (NEPA) and the Council
on Environmental Quality (CEQ) Regulations for Implementing the Procedural Provisions of NEPA, which requires
recipients to use all practicable means within their authority, and consistent with other essential considerations of
national policy, to create and maintain conditions under which people and nature can exist in productive harmony
and fulfill the social, economic, and other needs of present and future generations of Americans.
Article XXIX. Nondiscrimination in Matters Pertaining to Faith- Based Organizations
It is DHS policy to ensure the equal treatment of faith-based organizations in social service programs
administered or supported by DHS or its component agencies, enabling those organizations to participate in
providing important social services to beneficiaries. All recipients must comply with the equal treatment policies
and requirements contained in 6 C.F.R. Part 19 and other applicable statues, regulations, and guidance
governing the participations of faith-based organizations in individual DHS programs.
Article XXX. Non-supplanting Requirement
All recipients receiving federal financial assistance awards made under programs that prohibit supplanting by
law must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same
purpose through non-federal sources.
Article XXXI. Notice of Funding Opportunity Requirements
All of the instructions, guidance, limitations, and other conditions set forth in the Notice of Funding Opportunity
(NOFO) for this program are incorporated here by reference in the award terms and conditions. All recipients
must comply with any such requirements set forth in the program NOFO.
Article XXXII. Patents and Intellectual Property Rights
Unless otherwise provided by law, recipients are subject to the Bayh-Dole Act, Pub. L. No. 96-517, as amended,
and codified in 35 U.S.C. § 200 et seq. All recipients are subject to the specific requirements governing the
development, reporting, and disposition of rights to inventions and patents resulting from federal financial
assistance awards located at 37 C.F.R. Part 401 and the standard patent rights clause located at 37 C.F.R. §
401.14.
Article XXXIII. Prior Approval for Modification of Approved Budget
Before making any change to the DHS/FEMA approved budget for this award, you must request prior written
approval from DHS/FEMA where required by 2 C.F.R. § 200.308. For awards with an approved budget greater than
$150,000, you may not transfer funds among direct cost categories, programs, functions, or activities without prior
written approval from DHS/FEMA where the cumulative amount of such transfers exceeds or is expected to exceed
ten percent (10%) of the total budget DHS/FEMA last approved. You must report any deviations from your
DHS/FEMA approved budget in the first Federal Financial Report (SF-425) you submit following any budget
deviation, regardless of whether the budget deviation requires prior written approval.
Article XXXIV. Procurement of Recovered Materials
All recipients must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource
Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in
guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. Part 247 that contain the highest percentage
of recovered materials practicable, consistent with maintaining a satisfactory level of competition.
Article XXXV. Protection of Human Subjects
Where applicable, recipients of financial assistance will comply with the requirements of the Federal regulations at
45 CFR Part 46, which requires that recipients comply with applicable provisions/law for the protection of human
subjects for purposes of research. Recipients must also comply with the requirements in DHS Management
Directive 026-04, Protection of Human Subjects, prior to implementing any work with human subjects. For purposes
of 45 CFR Part 46, research means a systematic investigation, including research, development, testing, and
evaluation, designed to develop or contribute to general knowledge. Activities that meet this definition constitute
research for purposes of this policy, whether or not they are conducted or supported under a program that is
considered research for other purposes. The regulations specify additional protections for research involving
human fetuses, pregnant women, and neonates (Subpart B); prisoners (Subpart C); and children (Subpart D). The
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use of autopsy materials is governed by applicable State and local law and is not directly regulated by 45 CFR Part
46.
Article XXXVI. Rehabilitation Act of 1973
All recipients must comply with the requirements of Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794,
as amended, which provides that no otherwise qualified handicapped individuals in the United States will, solely
by reason of the handicap, be excluded from participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity receiving federal financial assistance.
Article XXXVII. Reporting of Matters Related to Recipient Integrity and Performance
If the total value of the recipient's currently active grants, cooperative agreements, and procurement contracts
from all federal assistance offices exceeds $10,000,000 for any period of time during the period of performance
of this federal financial assistance award, you must comply with the requirements set forth in the government-
wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200,
Appendix XII, the full text of which is incorporated here by reference in the award terms and conditions.
Article XXXVIII. Reporting Subawards and Executive Compensation
All recipients are required to comply with the requirements set forth in the government-wide Award Term on
Reporting Subawards and Executive Compensation located at 2 C.F.R. Part 170, Appendix A, the full text of which
is incorporated here by reference in the award terms and conditions.
Article XXXIX. SAFECOM
All recipients receiving federal financial assistance awards made under programs that provide emergency
communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency
Communication Grants, including provisions on technical standards that ensure and enhance interoperable
communications.
Article XL. Terrorist Financing
All recipients must comply with E.O. 13224 and U.S. law that prohibit transactions with, and the provisions of
resources and support to, individuals and organizations associated with terrorism. Recipients are legally
responsible to ensure compliance with the Order and laws.
Article XLI. Trafficking Victims Protection Act of 2000
All recipients must comply with the requirements of the government-wide award term which implements Section
106(g) of the Trafficking Victims Protection Act of 2000, (TVPA) as amended by 22 U.S.C. § 7104. The award
term is located at 2 C.F.R. § 175.15, the full text of which is incorporated here by reference in the award terms and
conditions.
Article XLII. Universal Identifier and System of Award Management (SAM)
All recipients are required to comply with the requirements set forth in the government-wide financial assistance
award term regarding the System for Award Management and Universal Identifier Requirements located at 2
C.F.R. Part 25, Appendix A, the full text of which is incorporated here by reference in the terms and conditions.
Article XLIII. USA Patriot Act of 2001
All recipients must comply with requirements of the Uniting and Strengthening America by Providing Appropriate
Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. §§ 175-
175c.
Article XLIV. Use of DHS Seal, Logo and Flags
All recipients must obtain permission from their DHS FAO, prior to using the DHS seal(s), logos, crests or
reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard
seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials.
Article XLV. Whistleblower Protection Act
All recipients must comply with the statutory requirements for whistleblower protections (if applicable) at 10 U.S.C
§ 2409, 41 U.S.C. 4712, and 10 U.S.C.
§ 2324, 41 U.S.C. §§ 4304 and 4310.
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FEDERAL EMERGENCY MANAGEMENT AGENCY OBLIGATING DOCUMENT FOR AWARD/AMENDMENT
1a. AGREEMENT NO. EMW-2017-FO-00888
2. AMENDMENT NO. 0
3. RECIPIENT NO. 91-6001231
4. TYPE OF
ACTION AWARD
5. CONTROL
NO. WX02682N2018T
6. RECIPIENT NAME AND
ADDRESS Bremerton Fire Department 911 Park Avenue Bremerton Washington, 98337-1550
7. ISSUING OFFICE AND ADDRESS Grant Programs Directorate 500 C Street, S.W. Washington DC, 20528-7000 POC: Andrea Day
8. PAYMENT OFFICE AND ADDRESS FEMA, Financial Services Branch 500 C Street, S.W., Room 723 Washington DC, 20472
9. NAME OF RECIPIENT
PROJECT OFFICER
David Schmitt
PHONE NO. 3604735381
10. NAME OF PROJECT COORDINATOR Catherine Patterson
PHONE NO. 1-866-274-0960
11. EFFECTIVE DATE OF THIS
ACTION 14-JUL-18
12. METHOD OF
PAYMENT SF-270
13. ASSISTANCE ARRANGEMENT Cost Sharing
14. PERFORMANCE PERIOD
From:14-JUL-
18 To:13-JUL-19
Budget Period
From:30-APR-
18 To:30-SEP-18
15. DESCRIPTION OF ACTION
a. (Indicate funding data for awards or financial changes)
PROGRAM NAME
ACRONYM
CFDA NO.ACCOUNTING DATA (ACCS CODE) XXXX-XXX-XXXXXX-XXXXX-
XXXX-XXXX-X
PRIOR TOTAL
AWARD
AMOUNT AWARDED
THIS ACTION + OR (-)
CURRENT
TOTAL AWARD
CUMULATIVE
NON- FEDERAL
COMMITMENT
AFG 97.044 2018-F7-C111-P4310000-4101-
D
$0.00 $100,895.00 $100,895.00 $10,089.00
TOTALS $0.00 $100,895.00 $100,895.00 $10,089.00
b. To describe changes other than funding data or financial changes, attach schedule and check here.
N/A
16a. FOR NON-DISASTER PROGRAMS: RECIPIENT IS REQUIRED TO SIGN AND RETURN THREE (3) COPIES OF THIS DOCUMENT TO FEMA
(See Block 7 for address)
Assistance to Firefighters Grant recipients are not required to sign and return copies of this document. However, recipients should print and keep a copy
of this document for their records.
16b. FOR DISASTER PROGRAMS: RECIPIENT IS NOT REQUIRED TO SIGN
This assistance is subject to terms and conditions attached to this award notice or by incorporated reference in program legislation cited above.
17. RECIPIENT SIGNATORY OFFICIAL (Name and Title) N/A
DATE N/A
18. FEMA SIGNATORY OFFICIAL (Name and Title) Andrea Day
DATE 12-JUL-18
Go Back
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Public Hearing on
Telecommunication Tower Option and Lease
Agreement with Vertical Bridge for Forest
Ridge Park
Study Session Date: September 26th, 2018
COUNCIL MEETING Date: October 3rd&17th, 2018
Department: Parks & Recreation
Presenter: Jeff Elevado
Phone: (360) 473-5428
SUMMARY: The City was contacted by a T-Mobile Site Acquisition representative in late 2016
relative to locating a telecommunication tower on Parks and Recreation property in Forest Ridge
Park near the existing Public Works water tanks. The proposal includes construction of a 150 foot
monopole and antenna array with accompanying equipment buildings. The option was later acquired
by Vertical Bridge Development, LLC. The City’s Legal and Parks & Recreation Departments have
been in negotiations with the contractor to finalize the tower option and lease agreement that is
presented here. The proposal has been presented at several Parks and Recreation Commission
public meetings.
ATTACHMENTS: 1) Telecommunication Tower Option and Lease Agreement Updated; 2) Fifo
Networks Report; 3) Bremerton Parks & Recreation Commission Advisory Report Added
FISCAL IMPACTS (Include Budgeted Amount): Base Rent Income revenue of $1,750 per month
($21,000 annually) and a $5,250 one-time payment.
STUDY SESSION AGENDA: ☐ Limited Presentation ☒ Full Presentation
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
October 3: No Action; Public Comment Only
October 17: Move to approve the Telecommunication Tower Option and Lease Agreement with
Vertical Bridge Development, LLC; 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
B1
1
City:
The City of Bremerton
345 6th Street, Suite 100
Bremerton, WA 98337
Tenant:
Vertical Bridge Development, LLC
750 Park of Commerce Drive, Suite 200
Boca Raton, FL 33487
Site #: US-WA-5107
Site Name: Forest Ridge
OPTION AND LEASE AGREEMENT
THIS OPTION AND LEASE AGREEMENT (this “Agreement”) is made this ____ day
of ____________, 2018 (the “Effective Date”), by and between the City of Bremerton, a
Washington municipal corporation (which acquired the portion of the Property in the East half of
the Southwest quarter of the Southeast quarter as the City of Charleston), hereinafter the “City,”
whose address is 345 6th Street, Suite 100, Bremerton, WA 98337, and Vertical Bridge
Development, LLC, a Delaware limited liability company, hereinafter, “Tenant,” whose address
is 750 Park of Commerce Drive, Suite 200, Boca Raton, FL 33487.
WHEREAS, the City owns certain real property located at 3100 1st Street, Bremerton, WA
98337 (APN: 152401-4-021-2007) in the County of Kitsap, in the state of Washington, that is
commonly known as Forest Ridge Park and that is more particularly described and/or depicted in
Exhibit 1 attached hereto (the “Property”); and
WHEREAS, the Tenant desires to lease from City a certain portion of the Property
measuring approximately 40’ x 40’ (approximately 1,600 square feet) (the “Premises”), which
Premises is more particularly described and/or depicted in Exhibit 2 attached hereto, for the
erection of a communications tower.
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the parties hereto agree:
1. OPTION TO LEASE.
(a) City grants to Tenant the exclusive option to lease the Premises.
(b) From and after the date of this Agreement as set forth above for the time period set
forth below (the “Option Period”), and at any time during the Term (defined below) with advance
notice to the City, Tenant and its agents, engineers, surveyors and other representatives will have
the right to enter upon the Property to inspect, examine, conduct soil borings, drainage testing,
material sampling, and other geological or engineering tests or studies of the Property (collectively,
the “Tests”), to apply for and obtain licenses, permits, approvals, or other relief required of or
deemed necessary or appropriate at Tenant’s sole discretion for its use of the Premises and include,
without limitation, applications for zoning variances, zoning ordinances, amendments, special use
permits, and construction permits (collectively, the “Government Approvals”), initiate the
ordering and/or scheduling of necessary utilities, and otherwise to do those things on the Property
that are necessary to determine the physical condition of the Property, the environmental history
of the Property, City’s title to the Property and the feasibility or suitability of the Property for
2
Tenant’s Permitted Use, all at Tenant’s expense. Tenant will not be liable to City or any third
party on account of any pre-existing defect or condition on or with respect to the Property, whether
or not such defect or condition is disclosed by Tenant’s inspection. Tenant shall obtain City
approval prior to any physical disturbance of the Property, and such approval shall not be
unreasonably withheld, delayed or conditioned. Tenant will restore the Property to its condition
as it existed at the commencement of the Option Period (as defined below), reasonable wear and
tear and casualty not caused by Tenant excepted. In addition, Tenant shall indemnify, defend and
hold City harmless from and against any and all injury, loss, damage or claims arising directly out
of Tenant’s Tests.
(c) In consideration of City granting Tenant the Option Period, Tenant agrees to pay
City the sum of Five Hundred Dollars ($500.00) within thirty (30) business days of the full
execution of this Agreement. The Option Period will be for a term of one (1) year from the
Effective Date.
(d) During the Option Period, Tenant may commence the Initial Term of this
Agreement by notifying City in writing. If Tenant commences the Initial Term, then City leases
the Premises to the Tenant subject to the terms and conditions of this Agreement. If Tenant does
not commence the lease portion of this Agreement during the Option Period, this Agreement will
terminate and the parties will have no further liability to each other.
2. TERM.
(a) The lease portion and Term shall commence on the first day of the month in which
Tenant begins construction if such construction commences on or before the 15th day of the month,
or the first day of the month after Tenant commences construction if such construction commences
after the 15th day of the month (the “Commencement Date”). Unless extended or sooner
terminated as herein provided, the initial term shall be for a period of five (5) years following the
Commencement Date (“Initial Term”).
(b) Tenant shall have the option to extend the Term of this Agreement for four (4)
successive terms of five (5) years each (each a “Renewal Term”). Each Renewal Term shall
commence automatically, unless Tenant delivers notice to City of its intent not to renew, such
notice to be delivered not less than sixty (60) days prior to the end of the then-current Term. For
purposes of this Agreement, “Term” shall mean the Initial Term and any applicable Renewal
Term(s).
3. RENT.
(a) Base rent. Tenant shall pay City beginning at Commencement Date a monthly
rental payment of One Thousand Seven Hundred Fifty Dollars ($1,750.00) (“Rent”), at the address
set forth above on or before the fifth (5th) day of each calendar month in advance, together with
such month’s leasehold excise tax in accordance with Section 4 below. Rent will be prorated for
any partial month. The initial Rent payment will be forwarded by Tenant to City within thirty (30)
days from Commencement Date.
3
Each year after the first year of the Term of the Agreement, the Rent shall be increased by
three percent (3%).
Any payments received after the due date and after any applicable cure period shall include
a late payment penalty of two percent (2%) of the monthly rental fee for each day or part thereof
past the due date.
(b) One-Time Payment. In addition to the commencement of Rent as set forth above,
Tenant will pay to City a one-time payment of Five Thousand Two Hundred Fifty Dollars ($5,250.00)
within sixty (60) days after the Commencement Date, which shall not be a credit toward Rent or any other
fee that may be due under this Agreement.
There shall be no revenue share fee. However, Tenant’s right to sublet, consistent with
this Agreement, shall be contingent upon: Tenant furnishing City with a copy of each proposed
sublease and City approval thereof, sublessee compliance with this Agreement’s requirements to
the extent applicable, and the Tenant’s continued ownership and control over the tower facility
unless otherwise agreed by the City. The City encourages co-location on existing
telecommunications facilities and to that end the City agrees not to unreasonably withhold, delay
nor condition approval of subleases.
(c) Reservation of Space on Tower for City - Additional consideration.
(i) At no rent due from City to Tenant nor any reduction in the Rent, City shall
be allowed, at City’s sole expense, to attach its communication antennas to Tenant’s
telecommunications tower provided City first obtains Tenant’s written consent, with such consent
not to be unreasonably withheld. Pursuant to the foregoing, Tenant hereby agrees to reserve on
behalf of City a ten foot (10’) vertical envelope (360 degrees) at a height of eighty feet (80’) to
ninety feet (90’) with a centerline of eighty-five (85’) on Tenant’s tower at the Premises in the
event Tenant builds a tower on the Premises (“City’s Tower Space”). Any equipment installed
on City’s Tower Space shall not exceed seven thousand and five hundred (7,500) square inches of
wind loading capacity. Tenant’s approval for said attachments shall be contingent upon
determining whether Tenant’s tower is properly engineered to accommodate City’s antenna system
and such transmission shall not result in any impairment or diminution in the quality of Tenant’s
service. Further, said approval shall be given only after Tenant has reviewed and approved City’s
engineering plans for said antenna attachments. Approval shall not be unreasonably withheld.
Upon written approval by Tenant, said attachments shall be installed, at City sole expense, by
qualified licensed contractors and in accordance with Tenant’s directives for the method of
installment. In addition to the City being responsible for its own installation, the City shall also
be responsible for its own utilities and operations and agrees that any ground space required for
City’s Tower Space shall be outside the Premises. City acknowledges and agrees that Tenant
reserves the right to relocate City’s antennas at any time(s) to accommodate modifications required
for Tenant’s future system requirements, provided such relocation shall provide equivalent quality
of service after such relocation.
(ii) Any reservation of right granted to the City pursuant to this Section is
solely limited to City’s use only of the ten foot (10’) vertical envelope described above and City
acknowledges and agrees that the City does not have the right to lease, license, sublease,
4
sublicense, etc. such space on the tower on the Premises to any other party including, without
limitation, any wireless communication entity.
4. TAXES. Tenant shall pay any personal property taxes assessed on, or any portion of such
taxes attributable to, the communication facility located on the Premises. Tenant agrees to pay the
leasehold excise tax on the rent payment pursuant to Chapter 82.29A RCW currently in the amount
of 12.84 percent (12.84%) and as may be adjusted pursuant to Chapter 82.29A RCW. The
leasehold excise tax applies to revenue sharing of sublessees’ rent payments pursuant to Section 3
of this Agreement. Tenant shall be responsible for paying business and occupation, and/or other
taxes or licenses which may in the future be assessed as a direct result of the Tenant’s operations
at the Premises.
5. USE AND INSPECTION.
(a) The Premises are being leased for the purpose of erecting, installing, operating and
maintaining one (1) radio or communications tower, transmitting and receiving equipment,
antennas, dishes, mounting structures, equipment shelters and other supporting structures, and
related equipment (the “Facility,” or collectively, the “Communication Facilities”) and to
sublease or license space to subtenants or licensees in accordance with the terms of this Agreement.
Tenant may, subject to the foregoing, make any improvement, alteration or modification to the
Premises as may be necessary; however, in the event Tenant desires to increase the height of the
original Tower or place any Facility on the Tower that will protrude above the height of the Tower,
or to add any Facility that protrudes off the side of the Tower in excess of ten feet (10’), Tenant
must first obtain City’s permission which shall not be unreasonably denied. Tenant must obtain
City permission to clear the Premises of any trees, vegetation, or undergrowth which interferes
with Tenant’s use of the Premises for the intended purposes; City shall not unreasonably deny such
clearing. Tenant shall have the exclusive right to install and operate upon the Premises one (1)
communications tower, cabinets, equipment, antennas, dishes, fencing, and other accessories
related thereto, and to alter, supplement, and/or modify same, pursuant to plans submitted to and
approved by City.
(b) Tenant agrees to obtain an inspection of its Communication Facilities at a minimum
of once every five years by a state-licensed engineer capable of certifying the structural integrity
of the facilities (the “Inspection”). The Inspection must be compliant with the inspection
procedures set forth in the Telecommunications Industry Association’s TIA-222 (G or current
revision). Any structural problems must be brought to the attention of the City
immediately. Written reports shall be generated for all such Inspections, and Tenant shall retain
all reports of all structural inspections – whether required under this Agreement or not for the
duration of this Agreement. Tenant shall provide a copy of any inspection report to the City upon
request.
6. ACCESS AND UTILITIES. At all times during the Term, Tenant, and its agents,
customers, lessees, sublessees and assigns shall have the unrestricted, exclusive right to use, and
shall have free access to, the Premises seven (7) days a week, twenty-four (24) hours a day. City
for itself, its successors and assigns, hereby grants and conveys unto Tenant, its customers,
employees, agents, sublessees, sublicensees, successors and assigns a nonexclusive Easement(s)
(defined below) for: (i) ingress and egress, (ii) construction, installation, maintenance, and
5
operation of the Communication Facilities, and (iii) the construction, installation, operation and
maintenance of overhead and underground electric and other utility facilities (includ ing wires,
poles, cables, conduits and appurtenant equipment), with the right to reconstruct, improve, add to,
enlarge, change and remove such facilities, over, across and through the Easement for the benefit
of and access to the Premises, subject to the terms and conditions herein set forth. City agrees to
cooperate with Tenant’s efforts to obtain such utilities and services. If there are utilities already
existing on the Premises which serve the Premises, Tenant may utilize such utilities and services
to the extent possible. The rights granted to Tenant herein shall also include the right to partially
assign its rights hereunder to any public or private utility company or authority to facilitate the
uses contemplated herein, and all other rights and privileges reasonably necessary for Tenant’s
safe and efficient use and enjoyment of the easements for the purposes described above.
The Easement(s) are defined as both the access and utility easements as depicted on Exhibit
2. The Easements shall be included in any recorded Memorandum of Lease. The Easements will
not be perpetual and shall expire upon the last to occur of (i) expiration or termination of this
Agreement, or (ii) removal by Tenant of all its property from the Premises after expiration or early
termination of this Agreement.
Tenant agrees that City may, at City’s expense, relocate the access only portion of the
Easement to another location on the Property, provided that (i) City provides Tenant with at least
sixty (60) days prior written notice, and (ii) Tenant’s resulting access and beneficial use of the
Premises is equivalent to that contemplated in this Agreement.
7. EQUIPMENT, FIXTURES AND REMOVAL. Tenant’s tower, all improvements,
equipment or other property attached to or otherwise brought onto the Premises shall at all times
be the personal property of Tenant and/or its subtenants and licensees. Tenant or its customers
shall have the right to erect, install, maintain, and operate on the Premises such equipment,
structures, fixtures, signs, and personal property in accordance with the terms of this Agreement,
and such property shall not be deemed to be part of the Premises, but shall remain the property of
Tenant or its customers. Within ninety (90) days after the expiration or earlier termination of this
Agreement (the “Removal Period”), Tenant at its sole expense shall remove its improvements
and restore the Premises to grade and to its condition prior to this Agreement and shall perform all
obligations under this Agreement during the Removal Period, including without limitation, the
payment of Rent at the rate in effect upon the expiration or termination of th is Agreement. City
may allow Tenant, by written agreement, to abandon its property in place, but City shall not be
obligated to compensate Tenant for the property or any value derived therefrom. If City does not
allow abandonment and Tenant does not remove its property within the Removal Period, Tenant
must reimburse City for its reasonable costs in having the property removed and the Premises
restored.
Tenant understands and agrees that its improvements, equipment and other property shall
meet all applicable local, State and Federal code. City may require screening, fencing, and other
safety and aesthetic features due to the nature of the Property. In addition, City may limit any
future changes (from the original approved installation) to the height and width of the
Communication Facilities and all other improvements and modifications to maintain the overall
aesthetic of the original design.
6
8. ASSIGNMENTS OR TRANSFERS OF THIS AGREEMENT. City may assign this
Agreement only in its entirety and only to a purchaser acquiring fee title to the entire Property,
subject to Section 17. As to Tenant, this Agreement may be sold, assigned or transferred by Tenant
without any approval or consent of City to Tenant’s lender, principal, affiliates, subsidiaries,
subsidiaries of its principal or to any entity which acquires all of or substantially all of Tenant’s
assets or ownership interests by reasons of merger, acquisition or other business reorganization (a
“Pre-Approved Transaction”). As to transfers or assignments that do not constitute a Pre-
Approved Transaction, Tenant shall be required to obtain City’s prior written consent, which
consent shall not be unreasonably conditioned, withheld or delayed and, provided that (i) City is
provided an instrument of assumption by an assignee that assumes all of the obligations of Tenant
under this Agreement (ii) such assignee owns not less than one thousand (1,000)
telecommunications towers, and (iii) assignee pays City any assignment or other fee required under
the Bremerton Municipal Code as currently written or hereafter amended, Tenant shall be relieved
of all liability hereunder. Tenant shall have the exclusive right to sublease or grant licenses without
City’s consent to use the radio tower or any other tower or structure or equipment on the Premises,
but no such sublease or license shall relieve or release Tenant from its obligations under this
Agreement. Further, with respect to Tenant:
(a) This Agreement shall not be assigned or transferred in any manner within twelve
(12) months after the initial grant of this Agreement, unless otherwise provided.
(b) Absent extraordinary and unforeseeable circumstances, no system or integral part
of a system shall be assigned or transferred before construction of the telecommunications facility
has been completed.
(c) Tenant shall provide to City any reasonable information pertaining to any transfer
or assignment pursuant to this Section that is requested by City.
(d) Any transfer or assignment of this Agreement, system, or integral part of a system
not in accordance with the foregoing shall be void and is cause for revocation of this Agreement.
9. TRANSACTIONS AFFECTING CONTROL OF THIS AGREEMENT. Any
transactions which singularly or collectively result in a change of fifty percent (50%) or more of
the ownership or working control of the Tenant, of the ownership or working control of the
telecommunications facility, of the ownership or working control of affiliated entities having
ownership or working control of the Tenant or of a telecommunications facility, or of control of
the capacity or bandwidth of the Tenant’s telecommunication system, facilities or substantial parts
thereof, shall be considered an assignment or transfer requiring City approval pursuant to Section
8 hereof. Transactions between affiliated entities are not exempt from City approval. The Tenant
shall promptly notify the City prior to any proposed change in, or transfer of, or acquisition by any
other party of control of Tenant’s company. Every change, transfer, or acquisition of control of a
Tenant’s company shall cause a review of the proposed transfer. In the event that the City adopts
a resolution or other appropriate order denying its consent and such change, transfer or acquisition
of control has been effected, the City may cancel this Agreement. Approval shall not be required
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for mortgaging purposes or if said transfer is from the Tenant to another person or entity
controlling, controlled by, or under common control with the Tenant.
10. COVENANTS, WARRANTIES AND REPRESENTATIONS.
(a) City warrants and represents that it is the owner in fee simple of the Premises, free
and clear of all liens and encumbrances except as to those which may have been disclosed to
Tenant, in writing prior to the execution hereof, and that it alone has full right to lease the Premises
for the Term set out herein.
(b) City shall not do or knowingly permit anything that will interfere with or negate
any special use permit or approval pertaining to the Premises or cause any tower on the Premises
to be in nonconformance with applicable local, state, or federal laws. City shall cooperate with
Tenant in any effort by Tenant to obtain certificates, permits, licenses and other approvals that may
be required by any governmental authorities. City agrees to execute any necessary applications,
consents or other documents as may be reasonably necessary for Tenant to apply for and obtain
the proper zoning approvals required to use and maintain the Premises and the tower site, provided
Tenant complies with application, zoning, and all other City department requirements.
(c) Tenant shall not generate, release, spill, store, deposit, or dispose of (collectively
“Release”) any hazardous substances, sewage, petroleum products, hydrocarbons, radioactive
substances, medicinal, bacteriological, or disease-producing substances, hazardous materials,
toxic substances or any pollutants or substances defined as hazardous or toxic in applicable federal,
state, and local laws and regulations (“Hazardous Substances”) in, on or about the Premises, the
Property or any Easement. To the extent that Tenant must use generators , batteries or vehicles,
the obligations of Tenant contained in this Section shall apply to any spill or leakage of fuel, acid,
or any other chemical. Tenant shall clean up and restore all affected areas, including testing and
abatement for any soil contamination, and shall obtain all applicable permits to so restore the areas,
at Tenant’s sole expense and as soon as possible but not later than seven (7) days after such spill
or leakage. Tenant shall indemnify, defend and hold City, its officers, employees, successors and
assigns harmless from any and all debts, liens, claims, liabilities, administrative orders and notices,
demands, losses, damages, cleanup costs, response costs, personal injuries, interest, fines,
penalties, costs and expenses (including reasonable attorneys’ fees and consultants’ fees) and all
other out-of-pocket expenses arising out of or in any way related to the Release by Tenant, or any
of its agents, employees, customers, sublicensees or sublessees, or the presence of such Hazardous
Substances in, on or about the Premises occurring at any time after the Commencement Date and
arising out of the activities of Tenant or any of its agents, employees, customers, sublicensees or
sublessees. This Section shall not limit Tenant's liability as set forth in this Agreement. The
provisions of this Section shall survive termination or expiration of this Agreement.
(d) Tenant shall have access to all utilities required for the operation of the Tenant’s
improvements on the Premises that are existing on the Property. Tenant will pay for all water, gas,
heat, light, power, telephone service, and other utilities furnished to the Premises and used by
Tenant, and all other costs and expenses of every kind whatsoever in connection with the use,
operation, and maintenance of the Premises by Tenant and all activities conducted thereon by
Tenant.
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(e) Tenant will maintain the Premises in good condition and state of repair.
(f) There currently exist no licenses, sublicenses, or other agreements, written or oral,
granting to any party or parties the right of use or occupancy of any portion of the Premises; there
are no outstanding options or rights of first refusal to purchase the Premises or any portion thereof
or interest therein; and there are no parties (other than City) in possession of the Premises.
(g) City does not grant, lease, let or demise hereby, but expressly excepts and reserves
herefrom, all rights to oil, gas and other minerals in, on or under and that might be produced or
mined from the Premises. No drilling or other activity will be undertaken on or beneath the surface
of the Premises or Easement to recover any oil, gas or minerals during the Term. Any future oil,
gas or mineral lease covering any part of the Premises will be in all respects subordinate and
inferior to the rights, privileges, powers, options, immunities, and interests granted to Tenant under
the terms of this Agreement provided that such oil, gas or mineral lease(s) do not interfere with
Tenant’s use of the Premises hereunder.
11. HOLD OVER TENANCY. Should Tenant or any assignee, sublessee or licensee of
Tenant hold over the Premises or any part thereof after the expiration of this Agreement, such
holdover shall constitute and be construed as a tenancy from month-to-month only, but otherwise
upon the same terms and conditions as set forth in this Agreement.
12. GENERAL INDEMNIFICATION.
(a) Tenant covenants not to bring suit against the City and hereby agrees to defend,
indemnify, and hold harmless the City, its appointed and elected officers, employees, agents and
volunteers from and against any and all liability, loss, costs, damage, and expense, including costs
and reasonable attorney fees in defense thereof, and including claims by the Tenant’s own
employees to which the Tenant might otherwise be immune under Title 51 RCW, 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 performance of this Agreement, whether such injuries to
persons or damage to property is due to the negligence of the Tenant, its agents, employees,
representatives or assigns. This provision shall be inapplicable to the extent such damage or injury
is judicially found to be caused by the sole negligence of the City. This provision waiving
immunity for claims arising out of Title 51 RCW was specifically negotiated by the parties.
(b) Tenant assumes the risk of damage to its facilities located in the City’s public ways,
rights-of-way, easements, and property from activities conducted by the City, its officers,
employees, agents, and volunteers. The Tenant releases and waives any and all claims against the
City, its officers, employees, agents, and volunteers for damage to or destruction of the Tenant’s
facilities except to the extent any such damage or destruction is caused by the willful and malicious
action of the City, its officers, employees, agents, or volunteers.
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(c) Tenant shall not cause mechanic’s or materialman’s liens to be placed on the
Premises and Tenant agrees to indemnify, defend and hold City harmless from any such lien from
a party claiming by, through or under Tenant.
13. WAIVERS. EACH PARTY HERETO WAIVES ANY AND ALL CLAIMS AGAINST
THE OTHER FOR ANY LOSS, COST, DAMAGE, EXPENSE, INJURY OR OTHER
LIABILITY WHICH IS IN THE NATURE OF INDIRECT, SPECIAL, INCIDENTAL,
PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUSINESS LOSS AND
BUSINESS INTERRUPTION, WHICH ARE SUFFERED OR INCURRED AS THE RESULT
OF, ARISE OUT OF, OR ARE IN ANY WAY CONNECTED TO THE PERFORMANCE OF
THE OBLIGATIONS UNDER THIS AGREEMENT.
14. INSURANCE. The Tenant shall, as a condition of this Agreement and prior to beginning
any work on the Premises, secure, maintain and provide the City proof of the following liability
insurance policies insuring both the Tenant and the City, and its elected and appointed officers,
officials, agents, employees, representatives, engineers, consultants, and volunteers against claims
for injuries to persons or damages to property which may arise from or in connection with the
exercise of the rights, privileges, and authority granted to the Tenant:
(a) Comprehensive general liability insurance, written on an occurrence basis, with
limits not less than:
i. $2,000,000.00 for bodily injury or death to each person;
ii. $4,000,000.00 for property damage resulting from any one accident; and
iii. $2,000,000.00 for all other types of liability.
(b) Automobile liability for owned, non-owned and hired vehicles with a limit of
$2,000,000.00 for each person and $2,000,000.00 for each accident;
(c) If required by the laws of the State of Washington, worker’s compensation within
statutory limits and employer’s liability insurance with limits of not less than $1,000,000.00;
(d) Comprehensive form premises-operations, explosions and collapse hazard,
underground hazard and products completed hazard with limits of not less than $4,000,000.00;
(e) Tenant’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 respect to
the limits of the insurer’s liability;
(f) The liability insurance policies required by this Section shall be maintained by the
Tenant throughout the Term, and such other period of time during which the Tenant is operating
without a lease hereunder, or is engaged in the removal of its telecommunications facilities. The
Tenant shall provide an insurance certificate, together with an endorsement designating the City,
and its elected and appointed officers, officials, agents, employees, representatives, engineers,
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consultants, and volunteers as additional insureds, to the City prior to the commencement of any
work or installation of any facilities pursuant to said Agreement. Payment of deductibles and self-
insured retentions shall be the sole responsibility of the Tenant. The Tenant’s insurance shall be
primary insurance as respects the City, its officers, officials, employees, agents, consultants, and
volunteers. Any insurance maintained by the City, its officers, officials, employees, consultants,
agents, and volunteers shall be in excess of the Tenant’s insurance and shall not contribute with it.
All insurance policies provided by Tenant shall contain a waiver of subrogation against the City
for claims arising out of any operations, liabilities and obligations to which coverage applies.
(g) The City shall be provided thirty (30) days advance notice of cancellation of any
coverages required above. Within thirty (30) days after receipt by the City of said notice, and in
no event later than fifteen (15) days prior to said cancellation or intent not to renew, the Tenant
shall obtain and furnish to the City replacement insurance policies meeting the requirements of
this Section.
(h) Any insurance required to be provided by Tenant may be provided by a blanket
insurance policy covering the Premises and other properties leased or owned by Tenant, provided
that such blanket insurance policy complies with all of the other requirements of this Section.
15. REMOVAL BOND. Within thirty (30) days of the Commencement Date, Tenant shall execute
a bond in the amount of Thirty Thousand Dollars ($30,000.00) to the benefit of City for use for the removal
of the improvements in the event Tenant fails to comply with the removal obligations described above.
16. INTERFERENCE. The Tenant acknowledges that the City may enter into leases with
other tenants on the Property for the purposes of transmitting and receiving telecommunication
signals. The City, however, is not in any way responsible or liable for any interference with
Tenant’s use of the Premises which may be caused by the use and operation of any other tenant’s
equipment, even if caused by new technology. In the event that any other tenant’s activities
interfere with the Tenant’s use of the Property, and such use or operation was not in existence on
the date of execution of this Agreement, and the Tenant cannot resolve this interference with the
other tenants, the City will, upon written request by Tenant, cause such interfering use to cease.
Tenant understands that if its use interferes with a prior tenant, and the interference problem cannot
be cured, this Agreement may be terminated by the City. The Tenant shall cooperate with all other
tenants to identify the causes of and work towards the resolution of any interference problem. In
addition, the Tenant agrees to eliminate any radio or television interference caused to City-owned
facilities or surrounding residences at Tenant’s own expense and without installation of extra filters
on City-owned equipment. Tenant further agrees to accept such interference as may be received
from City-operated telecommunications or other City facilities except any City antenna sites
placed upon Tenant’s facilities.
17. RIGHT OF FIRST REFUSAL. In the event that City determines to sell, transfer, license
or otherwise convey any interest, whether fee simple interest, easement interest, leasehold, or
otherwise, and whether direct or indirect by way of transfer of ownership interests in City if City
is an entity, which interest underlies or affects any or all of the Premises (the “ROFR Property”)
to any third party, during the Option Period or Term, City shall offer Tenant a right of first refusal
to purchase the Premises (or such larger portion of City’s property that encompasses the Premises,
if applicable) or such interest proposed to be conveyed. City shall provide a copy of any offer to
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purchase or acquire, or any executed purchase agreement or letter of intent (“Offer”), to Tenant
which copy shall include, at a minimum, the purchase or acquisition price and financing terms
(“Minimum Terms”). Within thirty (30) days of receipt of such Offer, Tenant shall provide
written notice to City of Tenant’s election to purchase the ROFR Property on the same Minimum
Terms; provided, the closing date shall be no sooner than sixty (60) days after Tenant’s purchase
election notice. In such event, City agrees to sell the ROFR Property to Tenant subject to Tenant’s
payment of the purchase price and compliance with a purchase and sale agreement to be negotiated
in good faith between City and Tenant. If Tenant provides written notice that it does not elect to
exercise its rights of first refusal to purchase the ROFR Property, or if Tenant does not provide
notice of its election within the thirty (30) day period, Tenant shall be deemed to have waived such
right of first refusal only with respect to the Minimum Terms of the Offer presented (and any
subsequent Offers shall again be subject to Tenant’s continuing right of first refusal hereunder),
and City shall be permitted to consummate the sale of the ROFR Property with the same Minimum
Terms (“Permitted Sale”).
18. SECURITY. The parties recognize and agree that Tenant shall have the right to safeguard
and protect its improvements located upon or within the Premises. Consequently, Tenant may
elect, at its expense, to construct enclosures and/or fences to secure its improvements, including
the tower(s), shelter(s), and related improvements situated upon the Premises. Tenant may also
undertake any other appropriate means to restrict access to its communications towers, shelter(s),
and related improvements. All enclosures, fencing and facilities are subject to City approval and
must meet City code and concealment requirements, due to the nature of the Property. Such
approval shall not be unreasonably withheld.
19. FORCE MAJEURE. The time for performance by City or Tenant of any term, provision,
or covenant of this Agreement shall be deemed extended by time lost due to delays resulting from
acts of God, strikes, civil riots, floods, material or labor restrictions by governmental authority,
and any other cause not within the control of City or Tenant, as the case may be.
20. CONDEMNATION. Notwithstanding any provision of this Agreement to the contrary,
in the event of condemnation of the Premises, the City and Tenant shall be entitled to separate
awards with respect to the Premises, in the amount determined by the court conducting such
condemnation proceedings based upon the City’s and Tenant’s respective interests in the Premises.
If a separate condemnation award is not determined by such court, City shall permit Tenant to
participate in the allocation and distribution of the award. In no event shall the condemnation
award to City exceed the unimproved value of the Premises, without taking into account the
improvements located thereon, and in no event shall this Agreement be terminated or modified
(other than an abatement of rent) due to a casualty or condemnation without the prior written
consent of Lender (as hereinafter defined).
21. DEFAULT. The failure of Tenant or City to perform any of the covenants of this
Agreement shall constitute a default.
In addition, City may terminate this Agreement for any of the following reasons:
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(a) Tenant’s construction or operation in the City or in the public ways of the City or
upon City property without proper City authorization;
(b) Tenant’s construction or operation at an unauthorized location;
(c) Unauthorized substantial transfer of control of the Tenant;
(d) Unauthorized assignment of this Agreement;
(e) Unauthorized sale, assignment or transfer of this Agreement, assets, or a
substantial interest therein;
(f) a material Misrepresentation by or on behalf of the Tenant in any application or
written statement upon which the City relies in making the decision to grant, review or amend
this Agreement;
(g) Abandonment of telecommunications facilities in the public ways or upon City
property;
(h) Failure to relocate or remove facilities as required in this Agreement;
(i) Failure to pay taxes, compensation, fees or costs when and as due the City;
(j) Insolvency or bankruptcy of Tenant;
(k) Failure to construct or operate in accordance with approved permits; and
(l) Violation of any material provision or term of this Agreement.
The non-defaulting party shall give the other written notice of such default, and the
defaulting party shall cure such default within thirty (30) days after receipt of such notice if such
default is non-monetary and within ten (10) days after receipt of such notice if such default is
monetary. In the event any such non-monetary default cannot reasonably be cured within such
thirty (30) day period, if the defaulting party shall proceed promptly after the receipt of such notice
to cure such default, and shall pursue curing such default with due diligence, the time for curing
shall be extended for such period of time as may be necessary to complete such curing, however,
in no event shall this extension of time be in excess of sixty (60) days, unless agreed upon in
writing by the non-defaulting party.
22. REMEDIES. Should the defaulting party fail to cure a default under this Agreement, the
other party shall have all remedies available either at law or in equity, including the right to
terminate this Agreement. In the event City elects to terminate this Agreement due to a default by
Tenant, it shall continue to honor all sublease and sublicense commitments made by Tenant
through the expiration of the term of any such commitment if (a) there is no threat to the safety of
persons or property in maintaining then-current installations, and (b) City receives the appropriate
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rental payments for each sublessee and sublicensee; it being intended hereby that each such
commitment shall survive the early termination of this Agreement.
23. ATTORNEY’S FEES. If there is any legal proceeding between City and Tenant arising
from or based on this Agreement, the unsuccessful party to such action or proceeding shall pay to
the substantially prevailing party all costs and expenses, including reasonable attorney’s fees and
disbursements, incurred by such prevailing party in such action or proceeding and in any appeal
in connection therewith. If the substantially prevailing party recovers a judgment in any such
action, proceeding or appeal, such costs, expenses and attorney’s fees and disbursements shall be
included in and as a part of such judgment.
24. ADDITIONAL TERMINATION RIGHT. If at any time during the Term, Tenant
determines, in its sole and absolute discretion, with or without cause, that the Premises is no longer
suitable or desirable for Tenant’s intended use and/or purposes, Tenant shall have the right to
terminate this Agreement upon one hundred eighty (180) days prior written notice to City.
However, no prepaid rent shall be refundable except in the event any changes occur with respect
to the City’s use of the Property subsequent to the effective date of this Agreement (including but
not limited to additional lessees as permitted by the City) and such changes result in the property
becoming unsuitable for Tenant’s intended purpose.
25. EMERGENCY REMOVAL OR RELOCATION OF FACILITIES. The City retains
the right and privilege to cut or move any telecommunications facilities located within the public
ways of the City and upon City property, as the City may determine to be necessary in response to
any public health or safety emergency. The City shall not be liable to Tenant, or any other party
for any direct, indirect, or any other such damages suffered by any person or entity of any type as
a direct or indirect result of the City’s actions under this Section.
26. RELOCATION OR REMOVAL OF FACILITIES. Within one hundred eighty (180)
days following written notice from the City, Tenant shall, at its own expense, temporarily or
permanently remove, relocate, change or alter the position of any reasonably removable facilities
(i.e., not to include the tower or any buildings) within the public ways or upon City property
whenever the City shall have reasonably determined that such removal, relocation, change or
alteration is necessary for:
(a) The construction, repair, maintenance or installation of any City or other public
improvement in or upon City property or the public ways; and
(b) The operations of the City or other governmental entity in or upon City property or
the public ways.
Additional time for removal or relocation may be granted at the discretion of the City which
extension shall not be unreasonably withheld. If Tenant fails to remove the property upon request
by the City, Tenant agrees to reimburse the City for any and all reasonable removal costs incurred
by the City.
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27. PRIOR AGREEMENTS. The parties hereby covenant, recognize and agree that the
terms and provisions of this Agreement shall constitute the sole embodiment of the arrangement
between the parties with regard to the Premises, and that all other written or unwritten agreements,
contracts, or leases by and between the parties with regard to the Premises are hereby terminated,
superseded and replaced by the terms hereof.
28. SUBORDINATION, NON-DISTURBANCE AND ATTORNMENT. In the event the
Property is encumbered by a mortgage or deed of trust or other security instrument of any kind (a
“Landlord Mortgage”), City, within fifteen (15) days following Tenant’s request or immediately
prior to the creation of any encumbrance created after the date this Agreement is fully executed,
will obtain from the holder of each such Landlord Mortgage a fully-executed subordination, non-
disturbance and attornment agreement (a “SNDA”) in recordable form, which shall be prepared or
approved by Tenant. The holder of every such Landlord Mortgage shall, in the SNDA, agree that
in the event of a foreclosure, or conveyance in lieu of foreclosure of City’s interest in the Premises,
such Landlord Mortgage holder shall recognize and confirm the validity and existence of this
Agreement and Tenant shall have the right to continue its use and occupancy of the Premises in
accordance with the provisions of this Agreement, provided Tenant is not in default of this
Agreement beyond applicable notice and cure periods.
29. LENDER’S RIGHTS.
(a) City agrees to recognize the leases/licenses of all subtenants and sublicensees and
will permit each of them to remain in occupancy of its premises notwithstanding any default
hereunder by Tenant so long as (i) there is no threat to the safety of persons or property in
maintaining then-current installations, and (ii) City receives the appropriate rental payments for
each sublessee and sublicensee. City agrees to execute such documents as any such subtenant
and/or sublicensee might reasonably require, including customary subordination, non-disturbance
and attornment agreements if applicable and/or City recognition agreements, to further
memorialize the foregoing, and further agrees to use reasonable efforts to also cause its lenders to
similarly acknowledge, in writing, subtenant/sublicensee’s right to continue to occupy its premises
as provided above.
(b) City consents to the granting by Tenant of a lien and security interest in Tenant’s
interest in this Agreement and all of Tenant’s personal property and fixtures attached to the real
property described herein, and furthermore consents to the exercise by Tenant’s Lender of its rights
of foreclosure with respect to its lien and security interest. City agrees to recognize Tenant’s
Lender (as hereinafter defined) as Tenant hereunder upon any such exercise by Lender of its rights
of foreclosure. Nothing contained herein shall be construed to grant a lien upon or security interest
in any of City’s assets.
(c) City hereby agrees to give Lender written notice of any breach or default of the
terms of this Agreement, within fifteen (15) days after the occurrence thereof, at the address set
forth in Section 33. City further agrees that in the event of any such breach or default under the
terms of this Agreement, Lender shall have the right, to the same extent, for the same period and
with the same effect, as the Tenant, plus an additional thirty (30) days after any applicable grace
period to cure or correct any such default.
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(d) City acknowledges that nothing contained herein shall be deemed or construed to
obligate the Lender to take any action hereunder, or to perform or discharge any obligation, duty
or liability of Tenant under this Agreement. No Lender shall become liable under the provisions
of this Agreement or any lease executed pursuant to Section 30 hereof unless and until such time
as it becomes, and then only for as long as it remains, the owner of the leasehold estate cre ated
hereby or thereby.
(e) The Tenant shall have the right from time to time to mortgage or otherwise
encumber the Tenant’s interest in this Agreement; provided, however, in no event shall there be
more than one such mortgage or encumbrance outstanding at any one time. If the Tenant shall so
mortgage (each a “Tenant Mortgage”) the Tenant’s interest in this Agreement to one or more
lenders (any such lender, and any successor, assign, designee or nominee of such lender,
hereinafter a “Lender”), the Tenant shall ensure that the City is given prompt notice of such Tenant
Mortgage and shall furnish the City with a complete and correct copy of such Tenant Mortgage,
certified as such by the Tenant or such Lender, together with the name and address of such Lender.
(f) This Agreement shall not be amended or modified in any respect which would be
reasonably likely to have a material adverse effect on Lenders’ interest therein without the consent
of any Lender. In the event that a Lender shall become the owner of such leasehold estate, such
Lender shall not be bound by any such modification or amendment of this Agreement made
subsequent to the date of the Tenant Mortgage unless Lender shall have consented to such
modification or amendment at the time it was made.
30. RIGHT TO NEW LEASE.
(a) In the case of termination of this Agreement for any reason, or in the event this
Agreement is rejected or disaffirmed pursuant to any bankruptcy, insolvency or other law affecting
creditor’s rights, the City shall give prompt notice thereof to a Lender at the address set forth in
Section 33. Thereafter, City, upon written request of Lender, and within thirty (30) days after the
receipt of such request, shall promptly execute and deliver a new lease of the Premises and
assignment of all subleases and sublicenses to Lender or its designee or nominee, for the remainder
of the Term upon all the covenants, conditions, limitations and agreements contained herein
(including, without limitation, options to extend the Term) except for such provisions which must
be modified to reflect such termination, rejection or disaffirmance and the passage of time,
provided that such Lender (i) shall pay to the City, simultaneously with the delivery of such new
lease, all unpaid rent due under this Agreement up to and including the date of the commencement
of the term of such new lease and all reasonable expenses, including, without limitation, reasonable
attorneys’ fees and disbursements and court costs, incurred by the City in connection with the
default by the Tenant, the termination of this Agreement and the preparation of the new lease, and
(ii) shall cure all defaults existing under this Agreement which are susceptible to being cured by
such Lender promptly and with due diligence after the delivery of such new lease.
Notwithstanding anything to the contrary contained herein, provided such Lender shall have
otherwise complied with the provisions of this Section, such Lender shall have no obligation to
cure any defaults which are not susceptible to being cured by such Lender (for example, the
bankruptcy of the Tenant).
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(b) For so long as Lender shall have the right to enter into a new lease with the City
pursuant to this Section, the City shall not enter into a new lease of the Premises with any person
or entity other than Lender, without the prior written consent of Lender, as long as the Lender acts
reasonably and without undue delay.
31. ADDITIONAL PROVISIONS.
(a) The parties hereto agree that (i) the Tenant is in possession of the Premises
notwithstanding the fact that the Tenant has subleased, or may in the future sublease, certain of the
improvements thereon to third parties and (ii) the requirements of Section 365(h) of Title II of the
United States Code (the “Bankruptcy Code”) with respect to the Tenant’s possession of the
leasehold under this Agreement are satisfied. Accordingly, the right of the Tenant to remain in
possession of the leasehold under this Agreement shall continue notwithstanding any rejection of
this Agreement in any bankruptcy proceeding involving the City, or any other actions by any party
in such a proceeding. This provision, while included in this Agreement, has been separately
negotiated and shall constitute a separate contract between the parties as well as a part of this
Agreement. The provisions of this Section 31(a) are for the benefit of the Tenant and its assigns,
including, without limitation, Lender. The parties hereto also agree that Lender is a party in
interest and shall have the right to appear as a party in any proceeding brought under any
bankruptcy law or under any other law which may affect this Agreement.
(b) The provisions of Sections 29 and 30 hereof shall survive the termination, rejection
or disaffirmance of this Agreement and shall continue in full force and effect thereafter to the same
extent as if Sections 29 and 30 hereof were a separate and independent contract made by the City,
the Tenant and Lender and, from the effective date of such termination, rejection or disaffirmance
of this Agreement to the date of execution and delivery of such new lease, Lender may use and
enjoy the leasehold estate created by this Agreement without hindrance by the City. The aforesaid
agreement of the City to enter into a new lease with Lender shall be deemed a separate agreement
between the City and such Lender, separate and apart from this Agreement as well as a part of this
Agreement, and shall be unaffected by the rejection of this Agreement in any bankruptcy
proceeding by any party.
(c) City shall have no right and expressly waives any right arising under applicable
law, in and to that portion of the rentals payable to the Tenant under any lease of the improvements
on the land demised hereunder, if any, which rentals may be assigned by the Tenant to Lender.
(d) If a Tenant Mortgage is in effect, (i) this Agreement shall not be modified or
amended by the parties hereto in any respect which would be reasonably likely to have a material
adverse effect on Lenders’ interest herein, or terminated or surrendered by the Tenant, nor shall
the City accept any such termination or surrender of this Agreement by the Tenant, without the
prior written consent of Lender and (ii) the City shall not have the right to terminate this Agreement
in the event of a casualty or condemnation without the prior written consent of Lender.
(e) The provisions of Sections 29 and 30 hereof are for the benefit of Lender and may
be relied upon and shall be enforceable by Lender as if Lender were a party to this Agreement.
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(f) The City shall, within ten (10) days of the request of the Tenant or any Lender or
prospective Lender, provide an estoppel certificate as to any matters reasonably requested by the
Tenant or Lender.
(g) The right to extend or renew this Agreement and any right of first refusal to
purchase the Premises may be exercisable by the holder of a Tenant Mortgage and, before the
expiration of any periods to exercise such a right, the City must provide to Lender at least thirty
(30) days prior written notice before the expiration of the right to so extend or renew in order to
extinguish Lender’s right to so extend, renew or purchase.
(h) Under no circumstances shall the fee estate of the City and the leasehold estate
created hereby merge, even though owned by the same party, without the written consent of the
holder of a Tenant Mortgage.
32. QUIET ENJOYMENT. So long as Tenant is not in default under this Agreement beyond
the applicable notice and cure period, City covenants and agrees that Tenant shall peaceably and
quietly hold and enjoy the Premises throughout the Term, without any hindrance, molestation or
ejection by City, its successors or assigns or by those claiming by, through or under them.
33. NOTICES. All notices, requests, claims, demands, and other communications hereunder
shall be in writing and may be hand delivered (provided the deliverer provides proof of delivery)
or sent by nationally-established overnight courier that provides proof of delivery, or certified or
registered mail (postage prepaid, return receipt requested). Notice shall be deemed received on
the date of delivery as demonstrated by the receipt of delivery. Notices shall be delivered to a
parties at the address below, or to such other address that a party below may provide from time to
time:
If to City:
City of Bremerton
City Clerk
345 6th Street, Suite 100
Bremerton, WA 98337
If to Tenant:
Vertical Bridge Development, LLC
750 Park of Commerce Drive
Suite 200
Boca Raton, FL 33487
Attn: General Counsel
If to Lender:
Toronto Dominion
(Texas) LLC
31 West 52nd Street
New York, NY 10019
Attn: Admin Agent
Fax No. 416-982-5535
34. MISCELLANEOUS.
(a) Each party hereto warrants and represents that it has the necessary power and
authority to enter into and perform its respective obligations under this Agreement.
(b) If any term of this Agreement is found to be void or invalid, such invalidity shall
not affect the remaining terms of this Agreement, which shall continue in full force and effect.
(c) All attached exhibits are hereby incorporated by this reference as if fully s et forth
herein.
18
(d) Failure of party to insist on strict performance of any of the conditions or provisions
of this Agreement, or failure to exercise any of a party’s rights hereunder, shall not waive such
rights.
(e) This Agreement shall be governed by and construed in accordance with the laws of
the state in which the leased Premises are located. Venue shall be in the Kitsap County Superior
Court in the State of Washington.
(f) This Agreement constitutes the entire Agreement and understanding of the parties
and supersedes all offers, negotiations and other lease agreements with regard to the leased
Premises. There are no representations or understandings of any kind not set forth herein. Any
amendment to this Agreement must be in writing and executed by both parties.
(g) This Agreement shall be binding upon and shall inure to the benefit of the parties
hereto and their respective heirs, legal representatives, successors and assigns.
(h) A short-form Memorandum of Option to Lease (and a short-form Memorandum of
Lease in the event Tenant exercises its option to lease the Premises) may be recorded at City or
Tenant’s option in the form as depicted in Exhibit 3 and Exhibit 4 attached hereto.
[SIGNATURES BEGIN ON NEXT PAGE]
19
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
date last signed by a party hereto.
CITY:
City of Bremerton
A Municipal Corporation
By:__________________________________
Greg Wheeler, Mayor
Date:_________________________________
Approved as to Form:
___________________________________
City Attorney
Attest:
___________________________________
City Clerk
WITNESSES:
___________________________________
Name:______________________________
___________________________________
Name:______________________________
TENANT:
Vertical Bridge Development, LLC
a Delaware limited liability company
By:__________________________________
Name:________________________________
Title:_________________________________
Date:_________________________________
20
EXHIBIT 1
Legal Description of the Property (Parent Parcel)
21
Tax Parcel No. 152401-4-021-2007
22
EXHIBIT 2
Premises
(Site Sketch to be Replaced with a Final Survey)
23
EXHIBIT 3
Memorandum of Option to Lease
(Attached)
24
______________________________________________________________________________
(Above 3” Space for Recorder’s Use Only)
Upon Recording Return to:
Vertical Bridge Development, LLC
750 Park of Commerce Drive, Suite 200
Boca Raton, FL 33487
Attn: Daniel Marinberg
Site Name: US-WA-5107
Site Number: Forest Ridge
MEMORANDUM OF OPTION TO LEASE
This Memorandum of Option to Lease (“Memorandum”) evidences an Option and Lease
Agreement (the “Lease”) between by and between the City of Bremerton, a Washington municipal
corporation (which acquired the portion of the Property in the East half of the Southwest quarter
of the Southeast quarter as the City of Charleston), hereinafter the “City,” whose address is 345
6th Street, Suite 100, Bremerton, WA 98337, and Vertical Bridge Development, LLC, a Delaware
limited liability company, hereinafter, “Tenant,” whose address is 750 Park of Commerce Drive,
Suite 200, Boca Raton, FL 33487, dated _________________, 2018 (the “Effective Date”), for a
portion (the “Premises”) of the real property (the “Property”) described in Exhibit A attached
hereto.
Pursuant to the Lease, City has granted Tenant an exclusive option to lease the Premises
(the “Option”). The Option commenced as of the Effective Date and shall continue in effect for a
period of one (1) year from the Effective Date.
City ratifies, restates and confirms the Lease and, upon exercise of the Option, shall lease
to Tenant the Premises, subject to the terms and conditions of the Lease. The Lease provides for
the lease by the City to Tenant of the Premises for an initial term of five (5) years with four (4)
renewal option(s) of an additional five (5) years each, and further provides:
1. The Lease may be assigned by City only in its entirety and only to a purchaser of
the fee interest of the Property; and may be assigned by Tenant only in accordance with the terms
of the Lease;
25
2. Under certain circumstances, Tenant has a right of first refusal to acquire the
Premises from City;
3. This Memorandum is not intended to amend or modify, and shall not be deemed or
construed as amending or modifying, any of the terms, conditions or provisions of the Lease. In
the event of a conflict between the provisions of this Memorandum and the provisions of the Lease,
the provisions of the Lease shall control. The Lease shall be binding upon and inure to the benefit
of the City and Tenant and shall inure to the benefit of their respective heirs, successors, and
assigns, subject to the provisions of the Lease.
[THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK,
SIGNATURES BEGIN ON NEXT PAGE]
26
IN WITNESS WHEREOF, the parties hereto have executed this MEMORANDUM OF
OPTION TO LEASE as of the date last signed by a party hereto.
CITY:
City of Bremerton
a municipal corporation
By:__________________________________
Name:________________________________
Title:_________________________________
Date:_________________________________
Approved as to Form:
___________________________________
Name:______________________________
Attest:
___________________________________
Name:______________________________
STATE OF ______________________
COUNTY OF ____________________
On this day of , 20 , before me, the undersigned, a
Notary Public in and for the State of , duly commissioned and
sworn, personally appeared , to me known to be the
of , the
corporation that executed the foregoing instrument and acknowledged the said instrument to be
the free and voluntary act of and deed of said corporation, for the uses and purposes therein
mentioned, and on oath stated that is authorized to execute the
said instrument and that the seal affixed is the corporate seal of said corporation.
Witness my hand and seal the day and year first above written.
Notary Public residing at
27
Printed Name:
My Commission Expires:
28
[Tenant’s Signature Page to Memorandum of Option to Lease]
STATE OF ______________________
COUNTY OF ____________________
On this day of , 20 , before me, the undersigned, a
Notary Public in and for the State of , duly commissioned and
sworn, personally appeared , to me known to be the
of Vertical Bridge Development, LLC, the limited liability
company that executed the foregoing instrument and acknowledged the said instrument to be the
free and voluntary act of and deed of said limited liability company, for the uses and purposes
therein mentioned, and on oath stated that is authorized to
execute the said instrument.
Witness my hand and seal the day and year first above written.
Notary Public residing at
Printed Name:
My Commission Expires:
WITNESSES:
_________________________________
Name:____________________________
_________________________________
Name:____________________________
TENANT:
Vertical Bridge Development, LLC
a Delaware limited liability company
By:__________________________________
Name:________________________________
Title:_________________________________
Date:_________________________________
29
EXHIBIT A
(TO MEMORANDUM OF OPTION TO LEASE)
The Property
30
Tax Parcel No. 152401-4-021-2007
31
EXHIBIT 4
Memorandum of Lease
(Attached)
32
______________________________________________________________________________
(Above 3” Space for Recorder’s Use Only)
Upon Recording Return to:
Vertical Bridge Development, LLC
750 Park of Commerce Drive, Suite 200
Boca Raton, FL 33487
Attn: Daniel Marinberg
Site Name: US-WA-5107
Site Number: Forest Ridge
MEMORANDUM OF LEASE
This Memorandum of Lease (“Memorandum”) evidences a Lease Agreement (the
“Lease”) between the City of Bremerton, a Washington municipal corporation (which acquired
the portion of the Property in the East half of the Southwest quarter of the Southeast quarter as the
City of Charleston), hereinafter the “City,” whose address is 345 6th Street, Suite 100, Bremerton,
WA 98337, and Vertical Bridge Development, LLC, a Delaware limited liability company,
hereinafter, “Tenant,” whose address is 750 Park of Commerce Drive, Suite 200, Boca Raton, FL
33487, dated _________________, 2018 (the “Effective Date”), for a portion (the “Premises”)
of the real property (the “Property”) described in Exhibit A attached hereto.
City hereby ratifies, restates and confirms the Lease and leases to Tenant the Premises,
subject to the terms and conditions of the Lease. The Commencement Date of the Lease is
____________________. The Lease provides for the lease by the City to Tenant of the Premises
for an initial term of five (5) years with four (4) renewal option(s) of an additional five (5) years
each, and further provides:
1. As to Tenant’s interest in the Lease and all Tenant’s assets and personal property
on the Premises, City will attorn to any mortgagee of Tenant and will subordinate any City’s lien
to the liens of Tenant’s mortgagees;
2. Tenant (and persons deriving rights by, through, or under Tenant) are the sole
parties to market, use, or sublease any portion of the Premises for wireless communications or
33
broadcast facilities during the term of the Lease (such restriction shall run with the land for the
duration of the Lease and be binding on the successors and assigns of City);
3. The Premises may be used exclusively by Tenant for all legal purposes related to
its installation and maintenance of communications facilities, including without limitation,
erecting, installing, operating and maintaining radio and communications towers, and equipment;
4. Tenant is entitled to sublease and/or sublicense the Premises, including any
communications tower located thereon;
5. Under certain circumstances, Tenant has a right of first refusal to acquire the
Premises from City;
6. The Lease may be assigned by the City only in its entirety and only to a purchaser
of the fee interest of the Property; and by the Tenant only in accordance with the terms of the
Lease; and
7. This Memorandum is not intended to amend or modify, and shall not be deemed or
construed as amending or modifying, any of the terms, conditions or provisions of the Lease. In
the event of a conflict between the provisions of this Memorandum and the provisions of the Lease,
the provisions of the Lease shall control. The Lease shall be binding upon and inure to the benefit
of the City and Tenant and shall inure to the benefit of their respective heirs, successors, and
assigns, subject to the provisions of the Lease.
[THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK,
SIGNATURES BEGIN ON NEXT PAGE]
34
IN WITNESS WHEREOF, the parties hereto have executed this MEMORANDUM OF
LEASE as of the date last signed by a party hereto.
CITY:
City of Bremerton
a municipal corporation
By:__________________________________
Name:________________________________
Title:_________________________________
Date:_________________________________
Approved as to Form:
___________________________________
Name:______________________________
Attest:
___________________________________
Name:______________________________
STATE OF ______________________
COUNTY OF ____________________
On this day of , 20 , before me, the undersigned, a
Notary Public in and for the State of , duly commissioned and
sworn, personally appeared , to me known to be the
of , the
corporation that executed the foregoing instrument and acknowledged the said instrument to be
the free and voluntary act of and deed of said corporation, for the uses and purposes therein
mentioned, and on oath stated that is authorized to execute the
said instrument and that the seal affixed is the corporate seal of said corporation.
Witness my hand and seal the day and year first above written.
Notary Public residing at
35
Printed Name:
My Commission Expires:
36
[Tenant’s Signature Page to Memorandum of Lease]
STATE OF ______________________
COUNTY OF ____________________
On this day of , 20 , before me, the undersigned, a
Notary Public in and for the State of , duly commissioned and
sworn, personally appeared , to me known to be the
of Vertical Bridge Development, LLC, the limited liability
company that executed the foregoing instrument and acknowledged the said instrument to be the
free and voluntary act of and deed of said limited liability company, for the uses and purposes
therein mentioned, and on oath stated that is authorized to
execute the said instrument.
Witness my hand and seal the day and year first above written.
Notary Public residing at
Printed Name:
My Commission Expires:
WITNESSES:
_________________________________
Name:____________________________
_________________________________
Name:____________________________
TENANT:
Vertical Bridge Development, LLC
a Delaware limited liability company
By:__________________________________
Name:________________________________
Title:_________________________________
Date:_________________________________
37
EXHIBIT A
(TO MEMORANDUM OF LEASE)
The Property
38
Tax Parcel No. 152401-4-021-2007
Said interest being over land more particularly described by the following description:
Insert metes and bounds description of area
Bremerton Parks and Recreation Commission Advisory Report Page 1 of 2
Forest Ridge Telecommunication Tower Lease Proposal
September 25, 2018
To: Bremerton City Council and Mayor Greg Wheeler
RE: Advisory Report on Proposed Telecommunication Tower Lease Application for Forest Ridge Park
Per the procedures contained within “The Ordinance Providing Protection for Bremerton’s Parks, Play
Fields, Open Spaces and Recreation Facilities” (BMC 13.12), the Bremerton Parks and Recreation
Commission is pleased to present this Advisory Report on the proposed lease of parks property located at
Forest Ridge Park for your consideration.
The Parks and Recreation Commission has reviewed the proposal to lease the identified area of Forest
Ridge Park for the construction and operation of a telecommunication tower and believe that it is in the
best interest of the City and the Parks and Recreation Department to proceed with and approve this lease.
In its review, the Commission has considered this proposal at several of its regularly scheduled
Commission meetings over the past two years:
June 28, 2016 regular public meeting. Staff presented the initial proposal received from the vendor.
September 27, 2016 regular public meeting. Staff provided additional details on the location of the
proposed tower along with information on the draft Lease Agreement.
October 25, 2016 regular public meeting. Further discussion was had on the final tower location and
revenue potential of the lease agreement.
August 22, 2017 regular public meeting. Staff presented an updated draft of the lease agreement for
review and discusses potential compensation levels that were being negotiated.
January 23, 2018 regular public meeting. Staff reported on status of negotiations and lease agreement.
August 7, 2018 regular public meeting. This meeting was held at the Forest Ridge Park site and
included a tour of the proposed location for the tower. Concerns and questions were fielded from
citizens attending the event. City staff provided answers to the concerns by sending responses
provided by the vendor and the City’s Telecommunication Consultant to all citizens who provided
their contact information. Attendees were also invited to the September 25, 2018 Parks and
Recreation Commission meeting.
September 25, 2018 regular public meeting. The Parks and Recreation Commission voted to
recommend City Council approve the Lease Agreement for the construction and operation of a
telecommunication tower at Forest Ridge Park and further recommends that lease proceeds be
directed to the Parks and Recreation budget to be used for operation, maintenance and improvements
to Forest Ridge Park.
680 LEBO BOULEVARD • BREMERTON, WA 98310-5841
TEL: 360.473.5305, FAX : 360.473.5882 • www.ci.bremerton.wa.us
BREMERTON PARKS AND RECREATION COMMISSION
Bremerton Parks and Recreation Commission Advisory Report Page 2 of 2
Forest Ridge Telecommunication Tower Lease Proposal
If you have any questions, the Commission is available.
__________________________ _________________________ _________________________
Chair, Timothy Baker Vice Chair, Benjamin Burnette David Hedger
__________________________ _________________________ _________________________
Patrick Watson Maggie Williams Elizabeth Wrenn
Page 1
FIFO Networks
227 Bellevue Way NE # 239
Bellevue, WA 98004
Phone 425-462-4034
http://www.fifonetworks.com
Comparing Wireless Telecommunications Antenna Heights
Case Study: T-Mobile and Forest Ridge
Background
On April 4 of 2016, T-Mobile contacted the City of Bremerton about leasing space for a cell site at an existing
tower, commonly referred to as the KBRO tower, on City property in Forest Ridge Park.
On April 7, 2016, I sent the T-Mobile representative some requested information about how commercial
electrical power reaches the KBRO tower, from a utility pole near the intersection of South Hartford Avenue
and 1st Street. This utility pole is just south of Forest Ridge Park. There is some confusion over whether or not
this intersection was ever considered by T-Mobile as a possible cell site. At least one City representative
thought it was under evaluation. To my knowledge, it was never considered, but I have included it in this
report for the sake of completeness, and in case it was a potential site.
In the following days, T-Mobile concluded that the KBRO tower is unsuitable for their purposes. At that time,
they began searching for an alternate location that would serve the same populace.
On May 9 of 2016, a T-Mobile representative contacted me about modifying one of their existing
installations, located at 3101 6th Street, which is just north of the park. They were interested in replacing the
existing City pole (which they said was 80 feet) with a taller pole (150 feet) and replacing their old equipment
with newer equipment at the higher elevation.
Later, in October of 2016, T-Mobile contacted the City about constructing a new site adjacent to the City’s
reservoir at Forest Ridge Park. This proposal included the construction of a new 150 foot monopole.
To summarize, I have mentioned four possible sites:
1. The existing KBRO tower, which was rejected.
2. A utility pole at the intersection of S. Hartford Ave. and 1st Street.
3. A utility pole at 3101 6th Street (current site, 80 feet, considering 150 feet).
4. A 150 foot monopole adjacent to the Forest Ridge Reservoir (possible new site).
Sites 2, 3, and 4 are the subject of this report. For their locations, refer to Figure 1 below. For reference, the
KBRO tower location is also marked.
Page 2
FIFO Networks
227 Bellevue Way NE # 239
Bellevue, WA 98004
Phone 425-462-4034
http://www.fifonetworks.com
Figure 1: Possible T-Mobile sites for improved coverage
The middle of Forest Ridge Park is at a higher elevation than either 1st Street or 6th Street. A
telecommunications site at 1st Street is blocked from providing coverage north of the park, and a
telecommunications site at 6th Street has its signal blocked to the south.
Page 3
FIFO Networks
227 Bellevue Way NE # 239
Bellevue, WA 98004
Phone 425-462-4034
http://www.fifonetworks.com
T-Mobile Antenna Simulations
As part of the request for constructing a 150 foot monopole at the reservoir, T-Mobile provided some
antenna simulation pictures. These pictures were taken at street level, and geometric calculations were
performed so that a photograph of a monopole could be inserted into the picture and appear approximately
to scale. See Figure 2 and Figure 3 below.
Figure 2: From Summit Ave. N., looking Northwest
Page 4
FIFO Networks
227 Bellevue Way NE # 239
Bellevue, WA 98004
Phone 425-462-4034
http://www.fifonetworks.com
T-Mobile Antenna Simulations, continued
Figure 3: from Marion Ave. N., looking East
Page 5
FIFO Networks
227 Bellevue Way NE # 239
Bellevue, WA 98004
Phone 425-462-4034
http://www.fifonetworks.com
An Inquiry Made
As part of the City’s consideration of T-Mobile’s request, the following questions were asked:
1. Does the tower have to be visible above the tree line?
2. Is it necessary to have the tower at 150 feet instead of 80 feet?
The rest of this report is the answer to those, and similar, questions.
The Quick Answer
To begin, here's the short, fast answer: if I was the RF engineer, and I was told I had to keep the antennas
below the tree line at Forest Ridge, I'd say, "Never mind. They won't let us build a usable site, so we need to
look elsewhere." Below the tree line at that location would be totally useless. Now, for the explanation.
In More Detail
Those who are familiar with the controversies surrounding wireless communications installations may have
heard that sometimes wireless signals without direct line of site (LOS) can be practical. In some cases, that
can be true. However, this isn't one of those cases. The site will need to support 1.9 gigahertz (GHz)
frequencies, and almost certainly higher frequencies (2.5 GHz is being built out in many places now). These
frequency bands (both 1.9 GHz and 2.5 GHz) don't perform well at all in a coniferous screen.
Additionally, the RF engineer, if he or she knows what they're doing, will plan for at least ten years of tree
growth and make the tower or monopole tall enough to compensate.
It is further necessary to consider that the site is at a higher elevation than the area that T-Mobile is trying to
cover. The usable signal will be aimed at a downward angle, which means it will have to go through more of
the trees to get to the populated area. The antennas need to be high enough so that the downward angle is
clear of lower trees slightly farther away.
Economic Motivation
Something to keep in mind is that the taller the tower, the more it costs the carrier to build and maintain it.
The carrier will use several factors in making the height decision, but the end result is that they'll select the
shortest tower that will reliably do the job, because they don't want to spend the money to build more tower
than they need.
Comparison To Existing Installation
Now, about the current site with its 80 foot pole: the reason it could be only 80 feet tall is because it was in
the right-of-way. It has the twin advantages of being closer to the desired population, and less obstructed.
Page 6
FIFO Networks
227 Bellevue Way NE # 239
Bellevue, WA 98004
Phone 425-462-4034
http://www.fifonetworks.com
Note that the existing site, to remain useful into the future, can’t remain at the same height. T-Mobile
requested increasing the height of the pole at this site to 150 feet. The height increase would be necessary to
(1) add new equipment while continuing to operate the older equipment that serves customers with older
phones, (2) improve coverage in difficult to reach areas around the hill, and (3) add radios (transceivers) to
support more customers as populations grow.
“Math and physics. It's all math and physics.”
In this section, we’ll examine some of the statements made earlier in more detail. The purpose is to explain
(1) why a line of site (LOS) radio path is sometimes necessary, and sometimes not, and (2) why a given height
is chosen for a given tower.
INTRODUCTION
1. Radio waves and light waves are both electromagnetic energy.
a. The only difference between a radio signal (such as a cellular signal) and light is the
frequency of oscillation. Radio Frequency (RF) energy is at a lower frequency than light. It
can’t be detected by the human eye because of its lower frequency, but a radio wave
behaves the same way a light wave does.
2. Electromagnetic energy - radio waves and light - behaves in one of three ways when it encounters a
solid object.
a. It may penetrate the object (coming out the other side),
b. It may be absorbed by the object (goes in, but doesn’t come out), or
c. It may be reflected by the object (like light off a mirror).
Let me add one clarification to item 2 above: electromagnetic energy behaves in all three ways for every
object: there will be some percentage of reflection, absorption, and penetration, and the percentages will
total up to 100 percent.
Using light as our electromagnetic energy, here are some examples:
1. CLEAR GLASS. Almost all light passes through an ordinary, clear glass window. Most of the light
penetrates. There is also a small amount of light absorbed by the glass, where it is re-radiated as
heat. That small percentage of the light is absorbed by the window. When you see glare off a
window, that is reflection. A small percentage of reflection always happens, but you may or may
not be standing at an angle that allows you to observe it.
2. TINTED WINDOWS. A car with tinted windows allows a smaller percentage of penetration, and has
higher percentages of both absorption and reflection.
3. SILVER MIRRORED SUNGLASSES. These sunglasses have a very high percentage of reflection, some
absorption, and the penetration number is often a smaller number than for tinted windows.
Page 7
FIFO Networks
227 Bellevue Way NE # 239
Bellevue, WA 98004
Phone 425-462-4034
http://www.fifonetworks.com
For any given material, the percentages of penetration, reflection, and absorption vary by frequency. Here
are some examples of how different frequency bands are received inside a wooden house.
1. At 27 MHz (CB radio), a wooden house is like clear glass to a light wave.
2. At 450 MHz (older police radios), a wooden house is like tinted windows.
3. At 850 MHz (some cellular systems and modern police radios), a wooden house is like very dark
sunglasses. Most of the radio waves go into a building through the actual clear glass windows, and
then are reflected off of the interior walls to move around inside. The wood exhibits a lot of both
absorption and reflection.
4. At 1,900 MHz (T-Mobile’s first cell phones), a wooden house is like silver mirrored sunglasses.
Compared to 850 MHz, the percentage of reflection goes up, and the percentage of absorption
goes down. Again, most of the signal enters the building through the clear glass windows.
5. At 2,500 MHz (the newest wireless phones), the radio waves behave pretty much the same as light
reflecting off a mirror. The only useful signal enters through the windows and then reflects off of
the interior walls to travel through the building.
SUMMARY
Now, with all of this background information, we’re ready to discuss the difference between putting the
antennas at 80 feet at an intersection, and putting them below the tree line by the Forest Ridge reservoir.
1. At a height of 80 feet at an intersection of two streets,
a. The antennas are higher than most houses, and
b. The electromagnetic waves can reflect off of houses - and trees - to travel down the street
and even around corners and down side streets.
c. The trees are reflectors and the roads are corridors for the radio waves.
2. Below the tree line, completely encircled by trees at the reservoir, the radio waves are reflected
multiple times until they are simply absorbed by the trees. The only radio waves that escape are the
ones that are reflected up into the sky, in a conical pattern.
3. If the antennas are mounted above the tree line at the reservoir, then the electromagnetic waves can
make the journey to the surrounding streets and neighborhoods.
Also note that the coverage areas of the three locations will be vastly different.
Page 8
FIFO Networks
227 Bellevue Way NE # 239
Bellevue, WA 98004
Phone 425-462-4034
http://www.fifonetworks.com
1. At the intersection of S. Hartford Ave. and 1st Street, with the antennas at 80 feet, the signal is
entirely blocked to the north. Specifically, there will be no signal on the far side of Forest Ridge Park.
2. At 3101 6th Street, the signal is blocked to the south of Forest Ridge Park.
3. On the other hand, if the antennas are mounted on a monopole at the reservoir (high enough to
clear the trees), the coverage area is much larger, and fewer towers may be needed to accommodate
future growth in the numbers of cellular subscribers.
The remainder of this report shows calculated coverages from each of the three locations. Coverage maps
are made by using propagation analysis software designed for this purpose. Propagation analysis software is
a generic engineering tool, and can be used for any frequency operated by any radio licensee. For example,
the same propagation analysis software can be used to determine the coverage for a police or ambulance
radio system, a commercial broadcast AM or FM station, a cellular carrier, or any other wireless service.
Note, however, that the coverage pattern will be different for each frequency.
For each of the three locations, there are two propagation analyses shown: one assuming a 150 foot tower,
and one assuming an 80 foot tower. This combination of six propagation analyses allows us to compare one
site with another, and also to compare the effects of two different tower or pole heights at the same site.
Page 9: 3101 6th Street, 150 foot pole, with satellite map for comparison
Page 10: S. Hartford and 1st Street, 150 foot pole, with satellite map for comparison
Page 11: Water Tower, 150 foot pole, with satellite map for comparison
Page 12: 3101 6th Street, 80 foot pole, with satellite map for comparison
Page 13: S. Hartford and 1st Street, 80 foot pole, with satellite map for comparison
Page 14: Water Tower, 80 foot pole, with satellite map for comparison
Page 15: Comparing 150 and 80 foot poles: 3101 6th Street
Page 16: Comparing 150 and 80 foot poles: S. Hartford and 1st Street
Page 17: Comparing 150 and 80 foot poles: Water Tower
Satellite Map – Centered on Forest Ridge Park
3101 6th Street, 150 foot pole
Page 9
Satellite Map – Centered on Forest Ridge Park
S. Hartford and 1st Street, 150 foot pole
Page 10
Satellite Map – Centered on Forest Ridge Park
Water Tower, 150 foot pole
Page 11
Satellite Map – Centered on Forest Ridge Park
3101 6th Street, 80 foot pole
Page 12
Satellite Map – Centered on Forest Ridge Park
S. Hartford and 1st Street, 80 foot pole
Page 13
Satellite Map – Centered on Forest Ridge Park
Water Tower, 80 foot pole
Page 14
Comparing 150 and 80 foot poles: 3101 6th Street
150 foot pole
80 foot pole
Page 15
Comparing 150 and 80 foot poles: S. Hartford and 1st Street
150 foot pole
80 foot pole
Page 16
Comparing 150 and 80 foot poles: Water Tower
150 foot pole
80 foot pole
Page 17
Page 18
FIFO Networks
227 Bellevue Way NE # 239
Bellevue, WA 98004
Phone 425-462-4034
http://www.fifonetworks.com
Conclusion
Comparing the six scenarios, we see that:
1. For all locations, the coverage is improved if the antennas are at 150 feet compared to 80 feet.
2. The proposed location at the highest elevation (the water tower) provides the best coverage if the
antennas are at 150 feet.
3. However, the water tower location provides the worst coverage if the antennas are below the tree
line.
Final Remarks
While this report is a specific analysis of possible locations for a T-Mobile site, it contains many explanations
and descriptions that are true of all wireless telecommunications installations. This report is a useful
reference in considering other potential installations by other carriers.
Report prepared by:
Bob Young
December 1, 2016
Page 19
FIFO Networks
227 Bellevue Way NE # 239
Bellevue, WA 98004
Phone 425-462-4034
http://www.fifonetworks.com
About Bob Young
OVERVIEW
Bob Young is the Founder and CEO of Peripheral Vision Communications Inc., dba FIFO Networks. He is
also a Professor of Wired and Wireless Technology at Bellevue College, where he provides training to
Information Technology professionals and Telecommunications professionals. Courses he has developed
and which are currently available include Ethical Hacking and Cyber Security, and two courses in the
Cyber Security Essentials series: (1) Data Management and (2) Hiring Security Professionals. For the last
several years he has been flying throughout the U.S. to deliver technical training to the technicians and
engineers at public utilities and wireless carriers.
UTILITY COMPANIES
Mr. Young has provided training and consulting to regional utilities in network design, security, and
maintenance for secure data systems, Voice over IP (VoIP) phone systems, and secure Wi-Fi network
access.
WIRELESS COMPANIES
He has trained the system engineers at wireless telecommunications carriers in complex subjects such
as data traffic management, calculations, and projections. He also teaches the technical staff the skills
needed to operate test equipment to test and maintain the systems.
CLIENTS
He has provided specialized technical instruction to Verizon Wireless, AT&T Wireless, Sprint, T-Mobile,
Ericsson, CenturyLink, Microsoft, Comcast, Bombardier, Boeing, Georgia Power, Alabama Power,
Memphis Light Gas & Water, Southern California Edison, CenterPoint Energy, San Diego Gas & Electric,
USMC, and many others.
EARLIER
At the beginning of his career, Mr. Young received a Secret clearance from the US Navy for his work with
wireless communications electronics.
Before starting his own company, he was the Director of National System Development at Western
Wireless (Cellular One).
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Acceptance of the Lodging
Tax Advisory Committee’s
Recommendations for
FY-2019 Funding Allocations
Study Session Date:
September 26, 2018
COUNCIL MEETING Date: October 3, 2018
Department: City Council
Presenter: Pat Sullivan, LTAC Chair
Phone: (360) 473-5280
SUMMARY:
The Lodging Tax Advisory Committee had presented recommendations to the Bremerton City
Council for their consideration. However, the recommendations were not approved as
presented during the August 15, 2018 Council Meeting, and were returned to the Lodging Tax
Advisory Committee (LTAC) with direction to increase funding to the Conference Center and to
reconsider several of the applicants’ allocations.
The LTAC then met on September 6, 2018 to review the requests. Revised recommendations
to City Council are now being provided for their consideration.
Funding is recommended for 15 of 16 applicants for $426,000
Reserve Allocation to be carried over as part of the beginning fund balance $24,000
Ongoing funding for operations of the Kitsap Conference Center $250,000
Continued support for the Admiral Theatre Foundation $150,000
ATTACHMENTS: Summary of LTAC Revised Recommendations for 2019
FISCAL IMPACTS (Include Budgeted Amount): RCW 67.28 specifies that a municipality may either
accept or reject the committee’s recommendations. If any individual recommendation is rejected by
City Council, then the unallocated amount will be held in the fund’s reserve and that unfunded
organization will have significantly reduced marketing efforts for Bremerton.
STUDY SESSION AGENDA: ☐ Limited Presentation ☒ Full Presentation
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to accept the Lodging Tax Advisory Committee’s recommendations as presented; and to
include the allocations in the City of Bremerton’s Fiscal Year 2019 Proposed Budget.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 01/02/18
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BREMERTON LODGING TAX ADVISORY COMMITTEE
FY 2019 REVISED RECOMMENDATIONS
Name of Organization
Request
Recommendation
City of Bremerton Kitsap Conference Center
$200,000
$100,000
Bremerton Historic Ships Association
$79,000
$70,000
Visit Kitsap Peninsula (2)
$45,000 &
$75,500
$40,000
Washington State Science & Engineering Fair
$45,000
$43,000
Bremerton Chamber of Commerce
$38,000
$30,000
Roxy Bremerton Foundation
$33,000
$15,000
Kitsap Entrepreneurial Center Kitsap Harbor Festival
$40,000
$25,000
Downtown Bremerton Association WayzGoose Kitsap
$30,000
$24,000
Downtown Bremerton Association
$50,000
$20,000
Kitsap Historical Museum
$26,600
$20,000
Bremerton Symphony Association
$25,000
$20,000
City of Bremerton Quincy Square on 4th Street Project
$25,000
$0
Manette Business Association Heavy Jeens Project
$12,270
$9,000
Dominion Historical Workboat Association
$15,000
$1,000
Kitsap Pride
$6,500
$6,500
Collective Visions Gallery
$2,500
$2,500
SUB TOTAL
$748,370
$426,000
BEGINNING FUND BALANCE/RESERVE
$24,000
GRAND TOTAL
RECOMMENDED FY2019 ALLOCATIONS
$450,000
**Does not include Kitsap Conference Center ($250,000) & Admiral Theatre ($150,000) Operations**
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Ordinance No. _______
amending Chapter 3.78 of the Bremerton
Municipal Code entitled “Multifamily Tax
Exemption” and establishing the Affordable
Housing Capital Fund
Study Session Date: September 26, 2018
COUNCIL MEETING Date: October 3, 2018
Department: City Council
Presenter: Eric Younger
Phone: (360) 473-5280
SUMMARY: This proposed ordinance includes revisions to Chapter 3.78 of the Bremerton Municipal
Code “Multifamily Property Tax Exemption” which authorizes the transfer of revenues received in
sales tax for the construction of the projects utilizing the multifamily tax exemption to the Affordable
Housing Capital Fund.
ATTACHMENTS: Ordinance No. ________
FISCAL IMPACTS (Include Budgeted Amount):
STUDY SESSION AGENDA: ☐ Limited Presentation ☒ Full Presentation
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to approve Ordinance No. _____ amending Chapter 3.78 of the Bremerton Municipal Code
entitled “Multifamily Property Tax Exemption”; and establishing the Affordable Housing Capital Fund
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 01/02/2018
B3
1
Multifamily Property Tax Exemption -
Affordable Housing Fund 2018
ORDINANCE NO. ____
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, amending Chapter 3.78 of the Bremerton
Municipal Code entitled “Multifamily Property Tax Exemption” to
add provisions relating to affordable housing.
WHEREAS, the City desires to encourage the development of affordable housing
units in the City; and
WHEREAS, the proposed revisions to Chapter 3.78 of the Bremerton Municipal
Code entitled “Multifamily Property Tax Exemption” authorize the transfer of revenues received
in sales tax for the construction of the projects utilizing the multifamily tax exemption to the
Affordable Housing Capital Fund; NOW, THEREFORE;
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The recitals set forth above are hereby adopted and incorporated as
set forth in full.
SECTION 2. A new section, Section 3.78.105 of the Bremerton Municipal Code
entitled “Affordable Housing Capital Fund", is hereby adopted to read as follows:
3.78.105 AFFORDABLE HOUSING CAPITAL FUND
If an application for the multifamily tax exemption is approved, the project has completed
construction, and a certificate of occupancy has been issued as set forth in Section 3.78.100
above, the Director of Financial Services, or designee, shall transfer to the Affordable Housing
Capital Fund revenues based on the anticipated sales tax received or to be received by the City
for the construction of the project. The Director shall determine the value of the sales tax
revenues to be transferred to the fund based on 1) the City’s portion of the current sales tax rate
for the construction, and 2) the estimated cost of construction as established in the building
permit application and other relevant information as the director deems appropriate. Once
established, the funds will be transferred to the Affordable Housing Capital Fund at the
beginning of the next fiscal year. The funds shall be used for affordable housing projects
approved by the City Council, unless the funds are otherwise allocated by the City Council.
SECTION 3. Severability. If any one or more sections, subsections, or sentences
of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the
validity of the remaining portion of this ordinance and the same shall remain in full force and
effect.
SECTION 4. Effective Date. This ordinance shall take effect and be in force ten
(10) days from and after its passage, approval and publication as provided by law.
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Multifamily Property Tax Exemption -
Affordable Housing Fund 2018
PASSED by the City Council the___________ day of ____________________, 2018.
_________________________________
ERIC YOUNGER, Council President
Approved this ________ day of ________________________, 2018.
_________________________________
GREG WHEELER, Mayor
ATTEST: APPROVED AS TO FORM:
__________________________________ ________________________________
ANGELA WOODS, City Clerk ROGER A. LUBOVICH, City Attorney
PUBLISHED the ________ day of ______________________, 2018.
EFFECTIVE the ________ day of ______________________, 2018.
ORDINANCE NO. ____________
R:\Legal\Legal\Files\Current Active Files\Affordable Housing\Multifamily Property Tax Exemption Affordable Housing Fund1- 2018.doc
___________________________________________________________________________
CITY COUNCIL 345 6th Street, Suite 100, Bremerton, WA 98337 Phone (360) 473-5280
2018 City Council Goals & Priorities
Established at the Joint Planning Session on February 10, 2018
1. Local Streets and Sidewalks Improvements (Public Works Committee)
Develop a Sidewalk Policy and Work Plan
Action Plan for Local Street Repair
Secure Additional Funding
2. Economic Development (Finance, Investment & Parking Committee)
Review B & O Tax Policy
Support/Develop Business Friendly Policies
Support Opportunity Zones designated in the City
3. Improve Intra-City Traffic Flow and Reduce Parking Congestion
(Finance, Investment & Parking Committee)
Develop and Implement a Comprehensive Parking Plan
4. Code Enforcement (Public Safety & Parks Committee)
Design and Implement Proactive Code Enforcement Program and Codes
5. Work with Kitsap Transit to Improve Public Transportation in
Bremerton (Kitsap Transit Board)
6. Quality Affordable Housing (Public Safety & Parks Committee)
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
7. Improve Kitsap Lake Water Quality (Public Safety & Parks Committee)
8. Increase Public Outreach through Social Media (Entire Council)
Form Created 5/4/15
INFORMATION ONLY ITEM
CITY OF BREMERTON
CITY COUNCIL
SUBJECT:
Review of 2018 City Council Goals
Study Session Date: September 26, 2018
Presenter:
Eric Younger,
Council President
Phone:
(360) 473-5280
SUMMARY:
HANDOUTS:
1. The 2018 City Council Goals & Priorities
STUDY SESSION AGENDA: ☐ No Presentation ☒ Full Presentation
C1
C4