HomeMy WebLinkAbout10/14/2020 STUDY SESSION PACKET______________________________________________________________
CITY COUNCIL 345 6th Street, Suite 100, Bremerton, WA 98337 Phone (360) 473-5280
WEDNESDAY, OCTOBER 14, 2020
CITY COUNCIL STUDY SESSION AGENDA
5:00 PM – Via Zoom Webinar
To help reduce the spread of COVID-19, the City Council is conducting a Study Session via Zoom Webinar. The
Council Conference Room 603 will be closed, and all Council Members and staff will be participating remotely.
The Study Session is open to the public to listen in, but there will be no opportunities for input; no action is
anticipated; and the content of these items is subject to change. If approved by the Council, items will be placed
on the October 21, 2020 City Council Virtual Meeting Agenda…
Members of the public are invited to join the Zoom webinar by clicking on the following link:
https://us02web.zoom.us/j/85672230967?pwd=WkZBdlluQXF2cnVjaFQ5UmJ0dFg0dz09
Or iPhone one-tap: US: +12532158782,,85672230967#,,,,,,0#,,209823# or
+16699006833,,88495358953#,,,,,,0#,,209823#
Or Telephone: Dial (for higher quality, dial a number based on your current location):
+1 360 415 1029… +1 253 215 8782 or +1 669 900 6833 or +1 346 248 7799
Webinar ID: 856 7223 0967
Password: 209823
Public questions or comments may be submitted ahead of time to City.Council@ci.bremerton.wa.us
A. BRIEFINGS ON AGENDA ITEMS
1. Public Works Agreement with Holt Services, Inc. for Well 6R Rehabilitation
2. Proposed Public Hearing for the 2020 Edward Byrne Memorial Justice Assistance Grant
3. Confirm Reappointment of Tim Baker to the Bremerton Parks & Recreation Commission
4. Telecommunications Facilities Lease w/ American Tower Asset Sub, LLC
5. Professional Services Agreement with Kitsap Humane Society for Animal Control Services
6. Contract with Apply-A-Line, LLC for 2020 Pavement Markings Project
7. Purchase of Light Fixtures from Graybar Services, Inc. for Downtown LED Lighting
Improvement
8. Resolution acknowledging the expiration of the Rocky Point Water District Agreement; and
authorizing new water connections in Rocky Point
9. Proposed Public Hearing on Ordinance adopting Comprehensive Plan Amendments; and on
Ordinance adopting Zoning Code Amendments
10. Professional Services Agreement with the Law Offices of Foster Garvey for Legal Services
B. GENERAL COUNCIL BUSINESS
o Audit Committee Briefing (10/06/20 Meeting) – Member Mike Simpson
o Other General Council Business
C. ADJOURNMENT OF STUDY SESSION
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: October 14, 2020
Public Works Agreement with Holt
Services, Inc. for Well 6R Rehabilitation
COUNCIL MEETING Date: October 21, 2020
Department: PW&U - Engineering
Presenter: Bill Davis
Phone: (360) 473-2350
SUMMARY: The work includes all materials, equipment, supplies and services necessary to
rehabilitate Well 6R at the Anderson Creek Wellfield near Gorst. The well has experienced a reduction
in well yield and the intent of the current project is to improve the efficiency of the well by rehabilitating
it with mechanical surge development techniques. Additionally, Well 1R will be tested to measure the
pumping capacity in preparation for its future development.
There were four (4) bids submitted on October 1, 2020. The lowest responsive, responsible bidder
was Holt Services Inc. in the amount of $103,877 (which includes sales tax).
ATTACHMENTS: 1) Public Works Agreement; 2) Bid Tabulation; 3) Site Plan Updated
FISCAL IMPACTS (Include Budgeted Amount): The project is included in the 2020 Water Capital
budget at $200,000.
STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION: Move to award the contract for Well 6R Rehabilitation to Holt Services
in the amount of $103,877 (which includes sales tax); and authorize the Mayor to finalize and
execute the agreement with substantially the same terms and conditions as presented.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 01/02/2018
A1
Updated
ATTACHMENT 1 – PUBLIC WORKS AGREEMENT (9 PAGES)
City of Bremerton Public Works Agreement
Well 6R Rehabilitation Page 1 of 9
September 2020
PUBLIC WORKS AGREEMENT
THIS AGREEMENT is entered into between the City of Bremerton, a Washington Municipal
Corporation (“City”), and Holt Services (“Contractor”), whose mailing address is 10621 Todd Rd E,
Edgewood, WA 98372.
The parties agree as follows:
1. CONTRACTOR SERVICES. The Contractor shall perform the following services for the
City described in the Bid Documents titled: Well 6R Rehabilitation
2. TIME OF COMPLETION. Contractor shall complete the work within 70 calendar days
from the date of issuance of the City’s Notice to Proceed. Contract extensions will be considered due to
adverse weather.
3. COMPENSATION. The City shall pay the Contractor an amount not-to-exceed $103,877,
inclusive of the applicable Washington State Sales Tax, for the work and services contemplated in this
agreement. The City shall pay the Contractor ninety percent (90%) of the Contract amount upon
completion and acceptance of the work by the City, and the remainder upon fulfillment of the conditions
listed below and throughout this agreement.
A. No Performance Bond. Because this contract including applicable sales tax is
$150,000 or less, and pursuant to Chapter 39.08 RCW, the Contractor, in lieu of
providing the City a performance bond, has elected to have the City retain the final
ten percent (10%) of the Contract amount for a period of thirty (30) days after the
date of final acceptance, or until receipt of all necessary releases from the State
Department of Revenue and the State Department of Labor & Industries and until
settlement of any liens filed under Chapter 60.28 RCW, whichever is later.
B. Retainage. The City shall hold back a retainage in the amount of five percent (5%)
of any and all payments made to contractor for a period of thirty (30) days after the
date of final acceptance, or until receipt of all necessary releases from the State
Department of Revenue and the State Department of Labor & Industries and until
settlement of any liens filed under Chapter 60.28 RCW, whichever is later.
C. Defective or Unauthorized Work. The City reserves its right to withhold payment
from Contractor for any defective or unauthorized work. Defective or unauthorized
work includes, without limitation: work and materials that do not conform to the
requirements of this agreement; and extra work and materials furnished without the
City’s written approval. If Contractor is unable, for any reason, to satisfactorily
complete any portion of the work, the City may complete the work by contract or
otherwise, and Contractor shall be liable to the City for any additional costs
incurred by the City. “Additional costs” shall mean all reasonable costs, including
legal costs and attorney fees, incurred by the City beyond the maximum Contract
ATTACHMENT 1 – PUBLIC WORKS AGREEMENT (9 PAGES)
City of Bremerton Public Works Agreement
Well 6R Rehabilitation Page 2 of 9
September 2020
price specified above. The City further reserves its right to deduct the cost to
complete the Contract work, including any Additional Costs, from any and all
amounts due or to become due the Contractor.
D. Final Payment: Waiver of Claims. THE MAKING OF FINAL PAYMENT
(EXCLUDING WITHHELD RETAINAGE) SHALL PRECLUDE ALL
CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND
IDENTIFIED BY CONTRACTOR AS UNSETTLED AT THE TIME REQUEST
FOR FINAL PAYMENT IS MADE.
4. INDEPENDENT CONTRACTOR. Contractor is and shall be at all times acting as an
independent contractor and not as an employee of the City. The Contractor shall secure at its expense,
and shall be responsible for all payments of income tax, social security, state disability insurance
compensation, unemployment compensation, and all other payroll deductions for the Contractor, officer,
agents, employees and sub-contractors. The Contractor shall also secure all applicable business licenses,
if required, in connection with the contract services, including all required licenses for Contractor's
officers, agents, employees and sub-contractors.
5. TERMINATION. The City may terminate this agreement for good cause. “Good cause”
shall include, without limitation, any one or more of the following events:
A. The Contractor’s refusal or failure to supply a sufficient number of properly skilled
workers or proper materials for completion of the Contract work.
B. The Contractor’s failure to complete the work within the time specified in this
agreement.
C. The Contractor’s failure to make full and prompt payment to sub-contractors or for
material or labor.
D. The Contractor’s persistent disregard of federal, state or local laws, rules or
regulations.
E. The Contractor’s filing for bankruptcy or becoming adjudged bankrupt.
If the City terminates this agreement for good cause, the Contractor shall not receive any further
monies due under this agreement until the Contract work is completed.
6. PREVAILING WAGES. Contractor shall file a “Statement of Intent to Pay Prevailing
Wages” with the State of Washington Department of Labor & Industries prior to commencing the Contract
work. Contractor shall pay prevailing wages rates for public works contracts in Kitsap County in effect
at the time of the bid submittal deadline and comply with Chapter 39.12 of the Revised Code of
Washington, as well as any other applicable prevailing wage rate provisions. The latest prevailing wage
rate revision issued by the Department of Labor and Industries is attached.
ATTACHMENT 1 – PUBLIC WORKS AGREEMENT (9 PAGES)
City of Bremerton Public Works Agreement
Well 6R Rehabilitation Page 3 of 9
September 2020
7. CHANGES. The City may issue a written work change directive for any change in the
Contract work during the performance of this agreement. If the Contractor determines, for any reason,
that a change order is necessary, Contractor must submit a written change order request to the City’s
project manager within two (2) business days of the date the Contractor knew or should have known of
the facts and events giving rise to the requested change. If the City determines that the change increases
or decreases the Contractor’s costs or time for performance, the City will make an equitable
adjustment. The City will attempt, in good faith, to reach agreement with the Contractor on all equitable
adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment
as it deems appropriate. The Contractor shall proceed with the change order work upon receiving a written
work change directive or change order from the City. If the Contractor fails to require a change order
within the time allowed, the Contractor waives its right to make any claim or submit subsequent change
order requests for that portion of the contract work. If the Contractor disagrees with the equitable
adjustment the Contractor must complete the change order work; however, the Contractor may elect to
protest the adjustment as provided below:
A. Procedure and Protest by the Contractor. If the Contractor disagrees with anything
required by a work change directive or change order, including any direction,
instruction, interpretation, or determination by the City, the Contractor shall:
1. Immediately give a signed written notice of protest to the City;
2. Supplement the written protest within fourteen (14) calendar days with a
written statement that provides the following information:
a. The date of the Contract’s protest.
b. The nature and circumstances that caused the protest.
c. The provisions in this agreement that support the protest.
d. The estimated dollar cost, if any, of the protested work and how that
estimate was determined.
e. An analysis of the progress schedule showing the schedule change
or disruption if the Contractor is asserting a schedule change or
disruption.
The Contractor shall keep complete records of extra costs and time incurred
as a result of the protested work. The City shall have access to any of the
Contractor’s records needed for evaluating the protest.
3. The City will evaluate all protests, provided the procedures in this section
are followed. If the City determines that a protest is valid, the City will
adjust payment for work or time by an equitable adjustment. No adjustment
will be made for an invalid protest.
B. Contractor’s Duty to Complete Protested Work. In spite of any protest, the
Contractor shall proceed promptly with the work as the City has ordered.
ATTACHMENT 1 – PUBLIC WORKS AGREEMENT (9 PAGES)
City of Bremerton Public Works Agreement
Well 6R Rehabilitation Page 4 of 9
September 2020
C. Contractor’s Acceptance of Changes. The Contractor accepts all requirements of
a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not
protesting in the way this section provides. A change order that is accepted by
Contractor as provided in this section shall constitute full payment and final
settlement of all claims for contract time and for direct, indirect and consequential
costs, including costs of delays related to any work, either covered or affected by
the change.
D. Failure to Protest Constitutes Waiver. By not protesting as this section provides,
the Contractor also waives any additional entitlement and accepts from the City
any written order (including directions, instructions, interpretations, and
determination).
E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the
procedures of this section, the Contractor completely waives any claims for
protested work and accepts form the City any written order (including directions,
instructions, interpretations, and determination).
8. CLAIMS. The Contractor shall give written notice to the City of all claims other than change
orders within fourteen (14) calendar days of the occurrence of the events giving rise to the claims. Any
claim for damages, additional payment for any reason, or extension of time, whether under this agreement
or otherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely written
claim is made in strict accordance with the applicable provisions of this agreement; or, if (and only if) no
such provision is applicable, unless that claim is set forth in detail in writing and received by the City
within seven (7) calendar days from the date Contractor knew, or should have known, of the facts giving
rise to the claim. At a minimum, a Contractor’s written claim must include the information set forth
regarding protests in Section 7.A.2.a.-e.
FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN
THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY
WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT
DELAY.
Contractor must, in any event, file any claim or bring any suit arising from or connected with this
agreement within 120 calendar days from the date the contract work is complete.
9. WARRANTY. The Contractor shall correct all defects in workmanship and materials within
one year from the date of the City’s acceptance of the Contract work. When defects are corrected, the
warranty for that portion of the work shall extend for one year form the date such correction is completed
and accepted by the City. The Contractor shall begin to correct any defects within seven (7) calendar days
of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections
within a reasonable time, the City may complete the corrections and the Contractor shall pay all costs
incurred by the City in order to accomplish the correction.
ATTACHMENT 1 – PUBLIC WORKS AGREEMENT (9 PAGES)
City of Bremerton Public Works Agreement
Well 6R Rehabilitation Page 5 of 9
September 2020
10. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its officer,
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or
suits including all legal costs and attorney fees, arising out of or in connection with the performance of
this agreement, except for injuries and damages caused by the City’s sole negligence.
The City’s inspection or acceptance of any of Contractor’s work when completed shall not be
grounds to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to
property caused by or resulting from the concurrent negligence of the Contractor and the City, its officials,
employees, agents and volunteers, the Contractor’s liability hereunder shall be only to the extent of the
Contractor’s negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS
INDEMNIFICATION CONSTITUTES THE CONTRACTOR’S WAIVER OF IMMUNITY UNDER
INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSE OF THIS
INDEMNIFICATION. THE PARTIES ACKNOWLEDGE THAT THEY HAVE MUTUALLY
NEGOTIATED THIS WAIVER.
The provisions of this section shall survive the expiration or termination of this agreement.
11. INSURANCE. The Contractor shall procure and maintain for the duration of this agreement
insurance of the types and in the amounts described below against claims for injuries to persons or damage
to property which may arise from or in connection with the performance of the work by the Contractor,
its agents, representative, employees, sub-consultants or sub-contractors.
Before beginning work on the project described in this agreement, the Contractor shall provide a
Certificate of Insurance evidencing:
1. Automobile Liability insurance with limits no less than $1,000,000 combined
single limit per accident for bodily injury and property damage; and
2. Commercial General Liability insurance written on an occurrence basis with limits
no less than $1,000,000 combined single limit per occurrence and $2,000,000
general aggregate for personal injury, bodily injury and property damage.
Coverage shall include but not be limited to: blanket contractual;
products/completed operations/broad form property damage; explosion, collapse
and underground (XCU) if applicable;
3. Excess Liability insurance with limits not less than $1,000,000 per occurrence and
aggregate.
ATTACHMENT 1 – PUBLIC WORKS AGREEMENT (9 PAGES)
City of Bremerton Public Works Agreement
Well 6R Rehabilitation Page 6 of 9
September 2020
4. Worker’s Compensation insurance as statutorily required by the Industrial
Insurance Act of the State of Washington, Title 51, Revised Code of Washington,
and employer's liability with limits not less than $1,000,000.
Any payment of deductible or self insured retention shall be the sole responsibility of the
Contractor.
The City, its officials, employees, agents and volunteers shall be named as an additional
insured on the insurance policy, as respects work performed by or on behalf of the Contractor and a copy
of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance.
The Contractor’s insurance shall contain a clause stating that coverage shall apply separately
to each insured against whom claim is made or suit is brought, except with respects to the limits of the
insurer’s liability.
The Consultant's insurance shall be primary and non-contributory insurance as respects the City
and shall contain a waiver of subrogation against the City for claims arising out of any operations,
liabilities and obligations to which coverage applies. It shall be an affirmative obligation upon Consultant
to advise the City’s Risk Manager by fax at (360) 473-5161, or by certified mail, return receipt requested
to City of Bremerton, attn: Risk Management, 345 6th Street, Suite 100, Bremerton, WA 98337 within
two days of the cancellation, suspension or substantive change of any insurance policy set out herein, and
failure to do so shall be construed to be a breach of this Agreement.
The City reserves the right to receive a certified copy of all the required insurance policies.
12. MISCELLANEOUS.
A. Nondiscrimination. In the hiring of employees for the performance of work under
this Agreement or any sub-contract hereunder, the Contractor, its sub-contractors, or any person acting on
behalf of such Contractor or sub-contractor shall not, by reason of race, religion, color, sex, national
origin, or the presence of any sensory, mental, physical disability, or sexual orientation discriminate
against any person who is qualified and available to perform the work to which the employment relates.
B. Equal Employment Opportunity Statement. It is the policy of the City of Bremerton
to offer equal employment opportunity to all individuals. The City of Bremerton will administer all
actions with respect to employment practices in compliance with federal, state and local laws, and will
not discriminate in any employment practice on the basis of age (40+), sex, race, creed, color, national
origin, sexual orientation/gender identity, marital status, military status, or the presence of any physical,
mental or sensory disability.
C. ADA Statement. The City of Bremerton does not discriminate on the basis of
disability in programs and activities, which it operates pursuant to the requirements of the Americans with
Disabilities Act of 1990, and ADA Amendments Act. This policy extends to both employment and
admission to participation in the programs, services and activities of the City of Bremerton. Reasonable
accommodation for employees or applicants for employment will be provided.
ATTACHMENT 1 – PUBLIC WORKS AGREEMENT (9 PAGES)
City of Bremerton Public Works Agreement
Well 6R Rehabilitation Page 7 of 9
September 2020
D. Compliance with Laws. Contractor shall comply with all federal, state and local
laws, rules and regulations throughout every aspect in the performance of this agreement.
E. Work Performed at Contractor’s Risk. Contractor shall take all precautions
necessary and shall be responsible for the safety of its employees, agents, and subcontractors in the
performance of this agreement. All work shall be done at Contractor’s own risk, and Contractor shall be
responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection
with the work.
F. Nonwaiver of Breach. The failure of the City to insist upon strict performance of
any of the terms and rights contained herein, or to exercise any option herein conferred in one or more
instances, shall not be constructed to be a waiver or relinquishment of those terms and rights and they
shall remain in full force and effect
G. Governing Law. This agreement shall be governed and construed in accordance
with the laws of the State of Washington. If any dispute arises between the City and Contractor under
any of the provisions of this agreement, resolution of that dispute shall be available only through the
jurisdiction, venue and rules of the Kitsap County Superior Court, Kitsap County, Washington.
H. Attorney’s Fees. To the extent not inconsistent with RCW 39.04.240, in any claim
or lawsuit for damages arising from the parties’ performance of this agreement, each party shall be
responsible for payment of its own legal costs and attorney’s fees incurred in defending or bringing such
claim or lawsuit; however, nothing in this subsection shall limit the City’s right to indemnification under
Section 10 of this agreement.
I. Written Notice. All communications regarding this agreement shall be sent to the
parties at the addresses listed on the signature page of this agreement, unless otherwise notified. Any
written notice shall become effective upon delivery, but in any event three (3) calendar days after the date
of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addres see
at the address stated on this agreement.
J. Assignment. Any assignment of this agreement by the Contractor without the
written consent of the City shall be void.
K. Modification. No waiver, alteration, or modification of any of the provisions of
this agreement shall be binding unless in writing and signed by a duly authorized representative of the
City and Contractor.
L. Severability. If any one or more sections, sub-sections, or sentences of this
agreement are held to be unconstitutional or invalid, that decision shall not affect the validity of the
remaining portion of this agreement and the remainder shall remain in full force and effect.
M. Entire Agreement. The written provisions and terms of this agreement, together
with any attached Exhibits, supersede all prior verbal statements by any representative of the City, and
ATTACHMENT 1 – PUBLIC WORKS AGREEMENT (9 PAGES)
City of Bremerton Public Works Agreement
Well 6R Rehabilitation Page 8 of 9
September 2020
those statements shall not be construed as forming a part of or altering in any manner this agreement. This
agreement and any attached Exhibits contain the entire agreement between the parties. Should any
language in any Exhibit to this agreement conflict with any language contained in this agreement, the
terms of this agreement shall prevail.
N. Liquated Damages. Liquated Damages will be enforced in the amount of $300 per
day that the work is not complete after the contractual substantial completion date.
ATTACHMENT 1 – PUBLIC WORKS AGREEMENT (9 PAGES)
City of Bremerton Public Works Agreement
Well 6R Rehabilitation Page 9 of 9
September 2020
IN WITNESS WHEREOF, the parties below have executed this agreement.
CONTRACTOR THE CITY OF BREMERTON
(Signature) (Signature)
Print Name: Print Name:
Title: Title:
DATE: DATE:
Notices to be sent to: Notices to be sent to:
CONTRACTOR: CITY OF BREMERTON:
Attn: Aaron Couch
345 6th Street, Suite 100
Bremerton, WA 98337
(360) 376-2350
(360) 473-5200 (facsimile)
APPROVED AS TO FORM:
Roger A. Lubovich
Bremerton City Attorney
ATTEST:
Angela Hoover, City Clerk
T:\PROJECT FILES\PROJECT - Utility Files\45126 - Reservoir Cleaning and Maintenance\4 BID PHASE\Bid Docs\Exterior\A - Public Works
Agreement_Exterior 45126.doc
N/A
Holt Services
Tacoma Pump and Drilling
Charon Drilling
ENGINEER ESTIMATE (INCLUDING SALES TAX)
THIRD LOW BIDDER
SECOND LOW BIDDER
APPARENT LOW BIDDER
CITY OF BREMERTON
BID TABULATION
BOND BASE BID + CONTINGENCY TOTALNAME OF BIDDER
10/2/2020 TIME
OPENED:
Well 6R Rehabiliation
9:00 AM Aaron Couch
Angela HooverBID TITLE:
SALES TAX
Charon Drilling Yes $107,280.00 $116,935.20
Hakkaido Drilling Yes $137,550.00 $149,929.50
$9,655.20
$12,379.50
Holt Services Yes $95,300.00 $103,877.00
Tacoma Pump and Drilling Yes $103,400.00 $112,706.00
$8,577.00
$9,306.00
OPENED BY:
DATE
OPENED:
RECORDED
BY:
SUMMARY
Site Map
State
Rout
e 16 (
S
R 1
6)Anderson CreekA-1 Roofing
City Access
Easement and
access driveway
Well 6R
Location
Anderson Hill Road SWSR-166
SR-16
Well 6R RehabilitationCity of Bremerton
Department of Public Works & Utilities
Alternative
Site Access
Sinclair Inlet
October 2020
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT:
Proposed Public Hearing for the 2020
Edward Byrne Memorial Justice Assistance
Grant
Study Session Date: October 14, 2020
COUNCIL MEETING Date: October 21, 2020
Department: Police
Presenter: Tom Wolfe
Phone: (360) 473-5224
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
$16,568.00
ATTACHMENTS:
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
A2
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Confirm Reappointment of
Tim Baker to the Parks & Recreation
Commission
Study Session Date: October 14, 2020
COUNCIL MEETING Date: October 21, 2020
Department: Executive
Presenter: Mayor Wheeler
Phone: (360) 473-5266
SUMMARY: The Mayor is seeking confirmation for the reappointment of Tim Baker to the Parks and
Recreation Commission. The term expires September 29, 2023
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 Tim Baker to the Parks and Recreation Commission for the
term expiring September 29, 2023.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 01/02/2018
A3
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Amendment No. 1 to the Study Session Date: October 14, 2020
Telecommunications Facilities Lease w/
American Tower Asset Sub, LLC
COUNCIL MEETING Date: October 21, 2020
Department: Public Works &
Utilities/ Water
Resources
Presenter: Melinda Monroe
Phone: (360) 473-5306
SUMMARY: The current lease agreement with American Tower Asset Sub, LLC d/b/a American
Tower for the existing south tower on parcel 292401-2-002-2008 located on Water Utility property,
expires October 31, 2021. American Tower has held this lease since 2006. This Amendment would
extend the lease until October 31, 2026 and give American Tower renewal options, allowing for five
(5) additional 5-year extension terms, making the potential lease term a total of 30-years. The term
does not change the 50% sublease split and the Tower currently has two (2) subleases on the
Tower. This agreement also includes a one-time prepaid signing bonus of $45,000. After the initial 5
years, this will result in a $50,440 increase in rent potential.
ATTACHMENTS: 1) Amendment No. 1 to American Tower Telecommunications Lease; 2) Original
Lease
FISCAL IMPACTS (Include Budgeted Amount): Increase of $45,431 to the 2021 water resources
utility budget
STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION: Move to approve the Amendment No. 1 to the Telecommunications
Facilities Lease Agreement with American Tower Asset Sub, 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
A4
ALEXANDER LAKE SOUTH LEASE AGREEMENT AMENDMENT NO. 1 - 1
AMENDMENT NO. 1 TO THE TELECOMMUNICATIONS FACILITIES
LEASE AGREEMENT BETWEEN THE CITY OF BREMERTON AND TOWER ASSET
SUB, LLC, a Delaware Limited Liability Company
THIS AMENDMENT NO. 1 TO THE TELECOMMUNICATIONS FACILITIES
LEASE AGREEMENT (City of Bremerton contract number 4612) entered into October 13,
2006, is made effective as the latter signature date hereof (the "Effective Date") by and between
the City of Bremerton, a Washington municipal corporation ("City") and American Tower Asset
Sub, LLC, a Delaware limited liability company ("Lessee") (City and Lessee being collectively
referred to herein as the "Parties"), for the portion of the property owned by City underlying the
tower known as the Alexander Lake-South Tower, City of Bremerton Asset number 310495 (the
entire parcel of property owned by the City, the “Property”; the portion leased to Lessee, the
“Premises”), which Property and Premises are legally described and/or depicted in Exhibit A
attached hereto and incorporated herein.
RECITALS
WHEREAS, the City and Lessee (or its predecessor-in-interest) entered into that certain
Telecommunications Facilities Lease Agreement dated October 13, 2006 (as the same may have
been amended from time to time, collectively, the "Lease"); and
WHEREAS, the City and Lessee desire to amend the Lease to extend the term thereof and to
otherwise modify the Lease as expressly provided herein.
NOW THEREFORE, in consideration of the foregoing recitals and the mutual covenants set
forth herein and other good and valuable consideration, the receipt, adequacy, and sufficiency of
which are hereby acknowledged, the Parties hereby agree as follows:
1. Section 5 of the Lease, TERM OF LEASE, is deleted and replaced in its entirety as
follows:
“Lease Term Extended. The termination date of the initial term of this Lease shall be
extended from October 31, 2021, to October 31, 2026 (the “Initial Term”).
2. Section 12 of the Lease, RENEWAL APPLICATION, is deleted and replaced in its entirety
as follows:
Lessee shall have option to renew the lease for five (5) additional terms of five (5) years
each (each a “Renewal Term” and, collectively, the “Renewal Terms”). Each Renewal Term
shall automatically go into effect unless Lessee provides City with written notice of its intention
not to renew the Lease at least sixty (60) days prior to the commencement of the next Renewal
Term. Additional terms of five (5) years beyond the Renewal Terms may be requested by
Lessee under conditions in Section 12 of the Lease. Any additional term requested subsequent to
ALEXANDER LAKE SOUTH LEASE AGREEMENT AMENDMENT NO. 1 - 2
each Renewal Term pursuant to this Section 12 is subject to City Council approval at their
discretion.
3. Section 10 of the Lease, COMPENSATION TO THE CITY, is deleted and replaced in its
entirety as follows:
“A. Starting on the first day of the month following the full execution of
Amendment No. 1 to the Telecommunications Facilities Lease Agreement Between the City of
Bremerton and American Tower Sub Asset, LLC (“Amendment No. 1”) and on the first day of
each month thereafter during the term of the Lease, Lessee shall pay rent at a rate of One
Thousand Eight Hundred Seven and 85/100 Dollars ($1,807.85) per month, prorated for any
partial months. Notwithstanding the foregoing, the City hereby acknowledges and agrees that
such increase may not be reflected in rental payments to the City until ninety (90) days after the
full execution of Amendment No. 1. Rent increases not included in payments made by the
Lessee during the first 90 days after execution of this Amendment will be paid as “back rent”
once the Lessee processes the rent increase. The back rent shall be paid not later than December
31, 2020. Substantial expansion of the initial configuration contained in Schedule A will result in
review and possible re-negotiation of the rental rate contained herein. A substantial expansion
includes but is not limited to an enlargement of the footprint of Lessee’s tower located within the
Premises (the “Tower”), the enlargement of the fenced area around the Tower, or an addition of a
building.
Commencing on November 1, 2020 and on each successive annual anniversary thereof
during the term of the Lease, the monthly rent shall automatically be adjusted with a three
percent (3%) increase.
Any payments received more than five (5) days after the due date shall include a late
payment penalty of 2% of the past due amount, and such past due amount shall bear interest at
the rate of 2% for each day or part thereof such payment remains unpaid past the due date.
B. Additional Consideration. City shall be allowed, at City’s sole expense, to
attach City’s communication antennas or equipment to Lessee’s telecommunications tower
provided City first obtains Lessee’s prior written consent for such attachments. Such consent
shall not be unreasonably withheld. Lessee’s approval for said attachments shall be contingent
upon determining whether Lessee’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
Lessee’s service. Further, said approval shall be given only after Lessee has reviewed and
approved City’s engineering plans for said antenna attachments in a location specified by Lessee.
Approval shall not be unreasonably withheld. Upon written approval by Lessee, said
attachments shall be installed by qualified licensed contractors and in accordance with Lessee’s
directives for the method of installment and with permits issued by all applicable governmental
authorities having jurisdiction which shall first be obtained by City at its sole expense. City
acknowledges and agrees that Lessee reserves the right to relocate City’s antennas at any time(s)
ALEXANDER LAKE SOUTH LEASE AGREEMENT AMENDMENT NO. 1 - 3
to accommodate modifications required for Lessee’s future system requirements, provided such
relocation shall provide equivalent quality of service after such relocation.
C. The Lessee shall have the right with prior City approval to sublet the premises
consistent with the terms of the Lease; provided:
i. The Lessee owns and/or controls the facility located on City property;
ii. The Lessee shall pay to the City fifty percent (50%) of any and all
sublessee rent for co-location on Lessee’s Tower.
The City encourages co-location on existing telecommunications facilities and to that end
will not unreasonably withhold any approvals required by the City.
D. One-Time Payment. In consideration of the lease extension and additional
renewal terms provided for herein, Lessee shall pay to City a one-time signing bonus of Forty-
Five Thousand Dollars ($45,000.00) within thirty (30) days after the Effective Date of
Amendment No. 1, and subject to Lessee’s receipt of an original Memorandum of Lease in the
form and of the substance attached hereto as Exhibit B and by this reference made a part hereof
(the “Memorandum”) executed by City, together with any applicable forms needed to record the
Memorandum, which forms shall be supplied by Lessee to City.
4. Section 18 of the Lease, MAINTENANCE OF LEASE FACILITIES, is deleted and
replaced in its entirety as follows:
“18. Maintenance of Lease Facilities and Hazardous Substances.
A. The Lessee shall maintain its facilities in good and safe condition and in a
manner that complies with all applicable federal, state and local requirements. Lessee shall not
permit waste, damage, or injury to the premises including any City property, public ways of the
City, other ways or other property, whether publicly or privately owned, located in, on or
adjacent thereto. Lessee shall not store any chemicals, hazardous or otherwise, in the well head
protection area. Lessee shall not restrict site access to the City. City shall have the exclusive
right to inspect the Lessee’s telecommunications facilities and equipment at any time during the
term of this Lease to ensure compliance with the terms and conditions herein; Provided,
however, Lessee has the right to be present at all inspections of Lessee’s telecommunications
facilities and equipment, and City shall give Lessee at least 72 hours prior notice of such intent.
B. Lessee shall not generate, release, spill, store, deposit, transport, or dispose
of (collectively "Release") any hazardous substances, sewage, petroleum products, hydrocarbons,
radioactive substances, medicinal, bacteriological, or disease-producing substances, hazardous
materials, toxic substances or any pollutants or substances defined as hazardous or toxic in
ALEXANDER LAKE SOUTH LEASE AGREEMENT AMENDMENT NO. 1 - 4
accordance with applicable federal, state, and local laws and regulations ("Hazardous
Substances") in, on or about the Premises, any access and utility easements, or any other of the
City’s property in violation of any laws, regulations, ordinances, and/or administrative orders
applicable to all or any portion of the Premises which govern such Hazardous Substances
(“Environmental Laws”). Lessee shall indemnify, defend and hold City harmless from any and
all claims, liabilities, losses, damages, cleanup costs, response costs, and expenses (including
reasonable attorneys' fees) actually incurred by or asserted against City, to the extent arising
directly out of or related directly to the Release by Lessee, or any of its sublessees, agents,
representatives, or employees, of such Hazardous Substances in, on or about City property in
violation of applicable Environmental Laws occurring at any time after the Effective Date of
Amendment No. 1 of the Lease. To the extent the Lessee must use generators or batteries on the
Premises, the obligations of Lessee contained in this Section shall apply to any Release of
Hazardous Substances in violation of Environmental Laws related to such use. Lessee shall
clean up and restore any property affected by a Release of Hazardous Substances in violation of
Environmental Laws caused by Lessee, including testing and abatement for any soil
contamination, and shall obtain all applicable permits to so restore such affected property, at
Lessee’s sole expense and as soon as possible but not later than seven (7) days after such
Release. This Section shall not limit Lessee’s liability as set forth in the Lease, as amended. The
provisions of this Section shall survive termination or expiration of the Lease, as amended.”
5. Subsection D of Section 27 of the Lease, LEASED CAPACITY AND CO-LOCATION, is
deleted in its entirety, as rent-sharing terms are set forth in Section 10.
6. Section 30 of the Lease, INSURANCE, is deleted and replaced in its entirety as follows:
“30. INSURANCE. The Lessee shall, as a condition of the Lease, secure and
maintain the following liability insurance policies insuring both the Lessee 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 Lessee:
A. Comprehensive general liability insurance, written on an occurrence basis,
with limits not less than:
(1) $2,000,000.00 combined single limit coverage for bodily injury
and property damage;
(2) Comprehensive form premises-operations, explosions and collapse
hazard, underground hazard and products completed hazard with limits of not less than
$2,000,000.00.
ALEXANDER LAKE SOUTH LEASE AGREEMENT AMENDMENT NO. 1 - 5
B. Automobile liability for owned, non-owned and hired vehicles with a
minimum limit of $2,000,000.00 for each accident;
C. Worker’s compensation within statutory limits and Employer’s Liability
insurance with limits of not less than $1,000,000.00;
D. The liability insurance policies required by this Section shall be
maintained by the Lessee throughout the term of the Lease, and such other period of time during
which the Lessee is operating without a Lease hereunder, or is engaged in the removal of its
telecommunications facilities. The Lessee shall provide an insurance certificate designating the
City, and its elected and appointed officers, officials, agents, employees, representatives,
engineers, consultants, and volunteers as additional insureds, to the City prior to the
commencement of any work or installation of any facilities pursuant to said Lease. Any
deductibles or self-insured retentions must be declared to and approved by the City. Payment of
deductibles and self-insured retentions shall be the sole responsibility of the Lessee. The
Lessee’s insurance shall be primary and non-contributory insurance and shall contain a waiver of
subrogation against the City for claims arising out of any operations, liabilities and obligations to
which this coverage applies. Any insurance maintained by the City, its officers, officials,
employees, consultants, agents, and volunteers shall be in excess of the Lessee’s insurance and
shall not contribute with it in this regard.
The City shall be provided thirty (30) days advance notice of cancellation of any
coverages required in Section 30.A. above (the “Cancellation Notice”). Such notice shall be sent
to the City’s Risk Manager by fax at (360) 473-5161, or by certified mail, return receipt
requested to City of Bremerton, Attn: Risk Management, 345 6th Street, Suite 100, Bremerton,
WA 98337.
Within thirty (30) days after Lessee’s receipt of a written request from City, and not more than
once per calendar year, Lessee shall provide City with proof of the coverage required in this
Section in the form of a certificate of insurance as evidence of coverage.
E. Within thirty (30) days after receipt by the City of the Cancellation Notice,
and in no event later than fifteen (15) days prior to said cancellation or intent not to renew, the
Lessee shall obtain and furnish to the City replacement insurance certificates meeting the
requirements of this Section.”
7. Subsection G of Section 41 of the Lease, MICELLANEOUS, is deleted and replaced in its
entirety as follows:
“41. MISCELLANEOUS.
ALEXANDER LAKE SOUTH LEASE AGREEMENT AMENDMENT NO. 1 - 6
G. Any notice or demand required to be given herein shall be made by
certified or registered mail, return receipt requested, to the address of the respective parties set
forth below:
LESSOR: LESSEE:
City of Bremerton American Tower
Attn: Contracts Administrator 116 Huntington Avenue
Finance Department Boston MA 02116
345 6th Street, STE 100 Attn: Legal Department
Bremerton, WA 98337
With copy to:
American Tower
Attn: Land Management
10 Presidential Way
Woburn, MA 01801
The individuals identified in this paragraph shall be the specific point of contact for each party
regarding all topics. Any change to this point of contact shall be delivered to the other party in
writing by certified or registered mail, return receipt requested. All payments will be sent to the
City Finance Office at 345 6th Street, Suite 100, Bremerton, WA 98337.”
8. New Section 44, FAA COMPLIANCE, is added to the Lease as follows: Lessee agrees that
it is solely liable for compliance with all FAA and FCC requirements, as to all facilities and
activities of Lessee on the Premises and on any other City property used by Lessee, its
sublessees, employees, agents, and subcontractors. Such requirements include, but are not
limited to, lighting, paint, and notifications to the FAA regarding light failures. Lessee
hereby agrees to fully indemnify and hold harmless the City for all violations and fines to the
extent related directly to a breach of this Section 44 by Lessee, its sublessees, employees,
agents and subcontractors, except if and to the extent the same arise as a result of the
negligence, gross negligence or willful misconduct of the City or its employees or agents.
9. New Section 45. CITY AND LESSEE ACKNOWLEDGMENTS. Except as modified
herein, the Lease and all provisions contained therein remain in full force and effect and are
hereby ratified and affirmed. The parties hereby agree that no defaults exist under the Lease.
ALEXANDER LAKE SOUTH LEASE AGREEMENT AMENDMENT NO. 1 - 7
LESSEE
Date: ______________________________
______________________________
By: ___________________________
By: ___________________________
________________
Its: ___________________________
CITY OF BREMERTON
Date:
GREG WHEELER, Mayor
APPROVED AS TO FORM:
__________________________________
ROGER A. LUBOVICH, City Attorney
ATTEST:
__________________________________
ANGELA HOOVER, City Clerk
LESSEE ACKNOWLEDGMENT
STATE OF _____________ )
) SS.
COUNTY OF ___________ )
On this ______ day of __________, 2020, before me, the undersigned, a Notary Public in
and for the State of __________, duly commissioned and sworn, personally appeared
__________ to me known to be an authorized representative of __________________, the
limited partnership that executed the foregoing instrument, and acknowledged said instrument to
ALEXANDER LAKE SOUTH LEASE AGREEMENT AMENDMENT NO. 1 - 8
be the free and voluntary act and deed of ___________________, for the uses and purposes
therein mentioned, and on oath stated that He is authorized to execute the said instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
_______________________________________
Print or Type Name:_______________________
Notary Public in and for the State of __,
residing at ______________________________
My appointment expires:___________________
ALEXANDER LAKE SOUTH LEASE AGREEMENT AMENDMENT NO. 1 - 9
CITY ACKNOWLEDGMENT
State of Washington )
) ss.
County of Kitsap )
On this day of , 20 , personally appeared Greg Wheeler to
me known to be the Mayor of the City of Bremerton, a municipal corporation, that executed the
within and foregoing instrument, and acknowledged said instrument to be the free and voluntary
act and deed of said municipal corporation, for the uses and purposes therein mentioned, and on
oath stated that he was authorized to execute said instrument.
In witness whereof I have hereunto set my hand and affixed my official seal the day and
year first above written.
__________________________________________
Notary Public in and for the State of Washington
Residing at
My commission expires:
RECEIVED FOR FILING:
Angela Hoover, City Clerk
ALEXANDER LAKE SOUTH LEASE AGREEMENT AMENDMENT NO. 1 - 10
SCHEDULE A: PROPERTY
NW1/4, & SW1/4, & the west half of the NE1/4 and the west half of the SE 1/4 of Section 29,
Township 24 North, Range 1 East, W.M, In Kitsap County, Washington; Less Se1/4 Ne1/4; Less
Tax Lot 39; & Also W1/2 Nw1/4 Se1/4; Less Tax Lot 31;
Except The Following Per Auditor File No 9205140195: The Northeast Quarter Of The
Northeast Quarter, Section 29, Township 24 North, Range 1 East, W.M., In Kitsap County,
Washington;
Except The South One-Eighth Of The East Half Of The Northeast Quarter Of The Northeast
Quarter Of Said Section 29.
Being situated in Kitsap County, Washington;
known as Parcel ID Number 292401-2-002-2008
ALEXANDER LAKE SOUTH LEASE AGREEMENT AMENDMENT NO. 1 - 11
SCHEDULE A (continued): PREMISES
South Tower Site
ALEXANDER LAKE SOUTH LEASE AGREEMENT AMENDMENT NO. 1 - 12
SCHEDULE A (continued): Site Configuration
r;
TELECOMMUNICATIONS FACILITIES
LEASE AGREEMENT
THIS LEASE AGREEMENT entered into by and between the City of Bremerton, a
municipal corporation duly organized and existing under the laws of the State of Washington, as
Lessor (hereinafter referred to as "City") and Tower Asset Sub, LLC, a Delaware limited
liability company (hereinafter referred to as "lessee") as of this J.~ ) day of
2006(
WIT N E SSE T H:
1. ~MISES. The City leases to the Lessee real property located at
Clt~ ~ for housing, installing, constructing, operating and maintaining certain
telecommunications facilities, legally described and/or depicted in Schedule A ("Premises").
Lessee accepts the Premises for such purpose, subject to the considerations, terms and conditions
specified in this Telecommunications Facilities Lease Agreement (hereinafter referred to as
Lease").
2. DEFINITIONS. For the purpose of this Lease, and the interpretation and
enforcement thereof, the following words and phrases shall have the following meanings:
Person" means and includes corporations, companies, associations, joint stock
companies or associations, firms, partnerships, limited liability companies and individuals and
includes their lessors, trustees and receivers;
Public street" means any highway, street, alley or other public right of way for motor
vehicle travel under the jurisdiction and control of the City which has been acquired, established,
dedicated or devoted to highway purposes, including forest access roads;
Public way" means and includes all public streets and utility easements, as those terms
are defined herein, now or hereafter owned by the City, but only to the extent of the City's right,
title, interest or authority to grant a permit or lease to occupy and use such streets and easements
for telecommunications facilities;
Telecommunications carrier" means and includes every person that directly or
indirectly owns, controls, operates or manages plant, equipment or property within the City, used
or to be used for the purpose of offering telecommunications service;
Telecommunications facilities" means the plant, equipment and property, including but
not limited to, cables, wires, conduits, ducts, pedestals, antennae, towers, electronics, equipment
LEASE AGREEMENT - 1
storage structures and other appurtenances used or to be used to transmit, receive, distribute,
provide, house or offer telecommunications services;
Telecommunications provider" means and includes every person who provides
telecommunications services over telecommunications facilities without any ownership or
management control of the facilities;
Telecommunications service" means the providing or offering for rent, sale or lease, or
in exchange for other value received, of the transmittal of voice, data, image, graphic and video
programming information between or among points by wire, cable, fiber optics, laser,
microwave, radio, satellite or similar facilities, with or without benefit of any closed transmission
medium.
Utility easement" means any easement owned by the City and acquired, established,
dedicated or devoted for public utility purposes not inconsistent with telecommunications
facilities.
3. USES AND PURPOSES. Lessee shall have the use and occupancy of the
Premises for the purpose of transmission and reception of telecommunication and signals in any
and all frequencies using real property and telecommunications facilities approved in Schedule
A. Lessee shall be responsible for adherence to all federal, state and local regulations pertaining
to the operation of a communications facility.
Lessee shall have the right, at its expense, to erect and maintain on the Premises
improvements, personal property and facilities, as described in Schedule A after obtaining
required permits and as approved by City on the Site Plan.
City shall provide Lessee access to the Premises at all times reasonable to service the
Premises and the telecommunication facilities at all times during this Lease. Lessee agrees to
provide the City with a schedule outlining the frequency of required visits (e.g., quarterly
maintenance check, monthly site cleanup, etc.)
Lessee shall provide the City with a list of all authorized individuals who will have access
to the Premises. Notification of changes to the list shall be provided to the City within 24 hours
by telephone or fax from the point of contact identified in Section 41 (G), which notice shall be
followed by written notification pursuant to Section 41 (G). Lessee shall be responsible for
conducting appropriate background checks of all of their employees.
Employees visiting the Premises shall be clearly identifiable as employees of the Lessee
either by uniform identification badge or marked company vehicle.
LEASE AGREEMENT - 2
4. NON-EXCLUSIVE LEASE. This Lease is nonexclusive and does not preclude
the City from granting a similar lease, right, license, franchise, etc. to other carriers, providers or
other persons for telecommunications or any other purpose.
5. TERM OF LEASE. This Lease shall be valid for a term of five year(s)
commencmg "71 (!11'--" I; ;;LOt) rp and terminating ()c;:t- 3)/ .::2 all .
6. RIGHTS GRANTED. This Lease does not convey any right, title or interest in
the City property, but shall be deemed the right only to use and occupy the City property for the
limited purposes and term stated in the Lease. Further, this Lease shall not be construed as any
warranty of title.
7. INTERFERENCE WITH OTHER USERS. The Lessee acknowledges that the
City may enter into leases with other tenants for their equipment and telecommunications
facilities for the purposes of transmitting and receiving telecommunication signals from City
property. The City, however, is not in any way responsible or liable for any interference with
Lessee's use of the City property 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 Lessee's use ofthe City property, and such use or operation was not
in existence on the date of execution of this Lease, and the Lessee cannot resolve this
interference with the other tenants, the City will, upon written request by Lessee, cause such
interfering use to cease. Lessee understands that if its use interferes with a prior tenant, and the
interference problem cannot be cured, this Lease may be terminated by the City pursuant to
Sections 34 and 35. The Lessee shall cooperate with all other tenants to identify the causes of
and work towards the resolution of any electronic interference problem. In addition, the Lessee
agrees to eliminate any radio or television interference caused to City-owned facilities or
surrounding residences at Lessee's own expense and without installation of extra filters on City-
owned equipment. Lessee further agrees to accept such interference as may be received from
City operated telecommunications or other City facilities located upon the City property subject
to this Lease except those City antenna sites placed upon Lessee's facilities pursuant to Section
10.8.
8. OWNERSHIP AND REMOVAL OF IMPROVEMENTS. All buildings,
landscaping and all other improvements, except the telecommunications facility, shall become
the property of the City upon expiration or termination of the Lease. In the event that the City
requires removal of such improvements after termination of the Lease, such removal shall be
accomplished at the sole expense of the Lessee and completed within 30 days after receiving
notice from the City requiring removal of the improvements. Additional time may be granted
upon the discretion of the City which approval shall not be unreasonably withheld. In the event
that telecommunications facilities or other equipment are left upon City property after expiration
or termination of the lease, they shall, at the City's option, ifnot removed by the Lessee upon 30
days written notice from the City, be removed and stored at the expense of Lessee. Stored
LEASE AGREEMENT - 3
telecommunications facilities that are not claimed by the Lessee within six (6) months from
termination of the Lease shall become the property of the City.
9. CANCELLA TION OF LEASE BY LESSEE.
A. All Leases are contingent upon the Lessee obtaining all necessary permits,
approvals and licenses for the proposed facilities. In the event that the Lessee is unable to obtain
all such permits, approvals and licenses, it may cancel its lease, and obtain a pro rata refund in
any rents paid, without further obligation by giving 30 days prior written notice to the City.
Lessee agrees to restore City property to original condition if cancellation is requested,
reasonable wear and tear excepted.
B. In the event that the holder of a Lease determines that the City property is
unsuitable for its intended purpose, the Lessee shall have the right to cancel the Lease upon 180
days written notice to the 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 Lease (including but not limited to additional Lessees as permitted by the City) and such
changes result in the property becoming unsuitable for Lessee's intended purpose.
10. COMPENSATION TO THE CITY.
A. This Lease is subject to the City's right, which is expressly reserved, to
annually fix a fair and reasonable compensation to be paid for the rights granted to the Lessee;
starting on the Commencement Date and on the first day of each month thereafter during the term
of the Lease, Lessee shall pay rent at a rate of One Thousand Two Hundred and Noll 00 Dollars
1,200.00) per month, prorated for any partial months. Substantial expansion of the initial
configuration contained in Schedule A will result in review and possible re-negotiation of the
rental rate contained herein.
At the beginning of each successive year thereafter, the monthly rent shall automatically
be adjusted based upon the CPI for all urban consumers, Seattle-Tacoma index (1982-84=100) as
published by the Bureau of Labor Statistics for the last month for which statistics are posted prior
to the effective date above. However, rent shall not, in any case, decrease, nor shall the annual
rent increase by more than five (5) percent per year above the annual rent for the preceding year.
Any payments received after the due date shall include a late payment penalty of2% of
the annual rental fee for each day or part thereof past the due date.
B. Additional Consideration. City shall be allowed, at City's sole expense, to
attach City's communication antennas to Lessee's telecommunications tower provided City first
obtains Lessee's prior written consent for such attachments. Such consent shall not be
unreasonably withheld. Lessee's approval for said attachments shall be contingent upon
determining whether Lessee's tower is properly engineered to accommodate City's antenna
LEASE AGREEMENT - 4
system and such transmission shall not result in any impairment or diminution in the quality of
Lessee's service. Further, said approval shall be given only after Lessee has reviewed and
approved City's engineering plans for said antenna attachments in a location specified by Lessee.
Approval shall not be unreasonably withheld. Upon written approval by Lessee, said
attachments shall be installed by qualified licensed contractors and in accordance with Lessee's
directives for the method of installment and with permits issued by all applicable governmental
authorities having jurisdiction which shall first be obtained by City at its sole expense. City
acknowledges and agrees that Lessee reserves the right to relocate City's antennas at any time(s)
to accommodate modifications required for Lessee's future system requirements, provided such
relocation shall provide equivalent quality of service after such relocation.
c. Rent Adjustment. On the fourth annual anniversary date of the Commencement
Date of the Lease ("Rent Adjustment Date") the City may adjust the rent due under the Lease in
accordance with the following procedure:
If the City chooses to adjust the rent, the Rent for the remainder of the Lease term
commencing on the Rent Adjustment Date shall be the Fair Market Rental Value. The term "Fair
Market Rental Value" shall be the rental rate that comparable space for a wireless
telecommunications facility (in terms of quality of location for a similar facility in a similar
location) would command on the open market at the time of Rent Adjustment Date. Such
amount shall be determined jointly by the City and Lessee through good faith negotiations. If the
City determines that a rent adjustment is warranted, it shall so notifY Lessee in writing no earlier
than one hundred eighty (180) days prior to the Rent Adjustment Date and no later than one
hundred twenty (120) days prior to such date of the rental amount it proposes to commence on
that date. Lessee shall respond in writing no later than thirty (30) days from receipt of the City's
notice by accepting the proposed rent amount or if it determines that the proposed rent is
unsatisfactory, it shall propose a suitable rental amount. The City and Lessee shall thereafter
make a good faith and diligent effort to agree on the rent adjustment amount no later than thirty
30) days after receipt by the City of Lessee's proposed rent adjustment.
Failure by the City and Lessee to agree to a rent adjustment is grounds for termination of
the lease.
D. Pursuant to Section 27 Lessee shall pay to the City 50% of any and all sublessee
rent for co-location on Lessee's tower.
11. AMENDMENT OF LEASE. Except as provided within the existing Lease, a
new lease application and Lease shall be required of any telecommunications carrier or other
entity that desires to expand, modify, or relocate its telecommunications facilities or other
equipment located upon City property. If ordered by the City to locate or relocate its
telecommunications facilities or other equipment on the City property, the City shall grant a lease
amendment without further application.
LEASE AGREEMENT - 5
12. RENEWAL APPLICATION. Lessee shall have the right and option to renew
this lease for two (2) additional five (5) year renewal terms. If Lessee desires to renew its Lease
under this Article it shall, not more than one hundred twenty (120) days nor less than sixty (60)
days before expiration of the current Lease, notify the City of its intent to renew the Lease. Upon
receiving such notification the city may request the following information if necessary:
A. Any additional information required based upon elements of the current
Lease agreement between the City and the Lessee; and
B. All deposits or charges required pursuant to City ordinances.
The City reserves the right to extend the review period for the renewal application if
additional information is required. Should all parties not agree to renewal terms, the current
lease may be extended on a month-to-month basis at the sole discretion of the City.
13. OBLIGATION TO CURE AS A CONDITION OF RENEWAL. No Lease
shall be renewed until any ongoing violations or defaults in the Lessee's performance of the
Lease have been cured, or a plan detailing the corrective action to be taken by the Lessee has
been approved by the City.
14. IMPROVEMENTS. During the term of this Lease if Lessee wishes to
substantially expand the initial configuration contained in Schedule A, Lessee will submit a new
application.
15. POLICE POWER. In accepting this Lease, the Lessee acknowledges that its
rights hereunder are subject to the legitimate rights of the police power of the City to adopt and
enforce general ordinances necessary to protect the safety and welfare of the public and it agrees
to comply with all applicable general laws enacted by the City pursuant to such power.
16. INTERFERENCE WITH THE PUBLIC WAYS. The Lessee shall not locate
or maintain its telecommunications facilities so as to unreasonably interfere with the use of the
public ways by the City, by the general public or by other persons authorized to use or be present
in or upon the public ways. All such facilities which interfere with public ways shall be moved
by the Lessee, at the Lessee's cost, temporarily or permanently, as determined by the City Public
Works and Utilities Director.
17. REPAIR AND EMERGENCY WORK. In the event of an unexpected repair or
emergency, the Lessee may commence such repair and emergency response work as required
under the circumstances, provided the Lessee shall notify the City as promptly as reasonably
possible, before such repair or emergency work commences or as soon thereafter as possible if
advance notice is not practicable.
LEASE AGREEMENT - 6
18. MAINTENANCE OF LEASE FACILITIES. The Lessee shall maintain its
facilities in good and safe condition and in a manner that complies with all applicable federal,
state and local requirements. Lessee shall not permit waste, damage, or injury to the premises
including any City property, public ways of the City, other ways or other property, whether
publicly or privately owned, located in, on or adjacent thereto. Lessee shall not store any
chemicals, hazardous or otherwise, in the well head protection area. Lessee shall not restrict site
access to City. City shall have the exclusive right to inspect the Lessee's telecommunications
facilities and equipment at any time during the term of this Lease to ensure compliance with the
terms and conditions herein; Provided, however, Lessee has the right to be present at all
inspections of Lessee's telecommunications facilities and equipment, and City shall give Lessee
at least 24 hours prior notice of such intent.
19. SIGNAGE. Lessee shall display proper signage as required by the FCC as well
as current signage on telecommunication facilities identifYing Lessee, address and a 24 hour
phone number. Signage shall be posted and clearly visible at all times.
20. RELOCATION OR REMOVAL OF FACILITIES. Within one hundred
eighty (180) days following written notice from the City, the Lessee shall, at its own expense,
temporarily or permanently remove, relocate, change or alter the position of any
telecommunications facilities within the public ways or upon City property whenever the City
Public Works & Utilities Director shall have determined that such removal, relocation, change or
alteration is reasonable necessary for:
A. The construction, repair, maintenance or installation of any City or other
public improvement in or upon the public ways; and
B. The operations of the City or other governmental entity in or upon 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 Lessee fails to remove the property upon
request by the City, Lessee agrees to reimburse the City for any and all removal costs incurred by
the City.
21. REMOVAL OF UNAUTHORIZED FACILITIES. Within thirty (30) days
following written notice from the City, Lessee or any person who owns, controls or maintains on
behalf of Lessee any unauthorized telecommunications system, facility or related appurtenances
within the public ways or real property of the City shall, at its own expense, remove such
facilities or appurtenances from the public ways or property of the City. A telecommunications
system or facility is unauthorized and subject to removal in the following circumstances:
LEASE AGREEMENT - 7
A. Upon expiration or termination of the Lessee's Lease without approved
extension or renewal;
B. Upon abandonment of a facility within the public ways or real property of
the City. Any property of a Lessee shall be deemed abandoned ifleft in place 30 days after
expiration or termination of the Lease;
C. If the system or facility was constructed or installed without the prior grant
of a Lease;
D. If the system or facility was constructed or installed without the prior
issuance of a required City permits; and
E. If the system or facility was constructed or installed at a location not
permitted by the Lease.
Provided, however, that the City may, in its sole discretion, allow a Lessee, or other such
persons who may own, control, or maintain telecommunications facilities within the public ways
or property of the City to abandon such facilities in place. No facilities of any type may be
abandoned in place without the express written consent of the City. Any plan for abandonment
or removal of a Lessee's facilities must be first approved by the Public Works and Utilities
Director, and all necessary permits must be obtained prior to such work. Upon authorized
permanent abandonment of the property of such persons in place, the property shall become that
of the City, and such persons shall submit to the City an instrument in writing, to be approved by
the City Attorney, transferring to the City the ownership of such property in which event, Lessee
shall have no further obligations or liability with respect to such property or facilities. The
provisions of this Section shall survive the expiration, revocation, or termination of the Lease
granted hereunder. If the City does not authorize abandonment and Lessee fails to remove such
facilities within thirty (30) days following notice, Lessee agrees to reimburse the City for any and
all costs incurred by the City for facilities removal.
22. 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,
appropriate or useful in response to any public health or safety emergency. The City shall not be
liable to Lessee, 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.
23. DAMAGE TO FACILITIES. Unless directly and proximately caused by the
willful, intentional or malicious acts by the City not otherwise authorized herein, the City shall
not be liable for any damage to or loss of any telecommunications facility upon City property or
LEASE AGREEMENT - 8
within the public ways of the City as a result of or in connection with any public works, public
improvements, construction, excavation, grading, filling, or work of any kind on such City
property or within the public ways by or on behalf of the City.
24. RESTORATION OF PUBLIC WAYS, OTHER WAYS AND CITY
PROPERTY.
A. When the Lessee, or any person acting on its behalf, does any work in or
affecting any public ways, other ways or City property, or when Lessee, or any person acting on
its behalf damages any public ways, other ways or City property, it shall, at its own expense,
promptly remove any obstructions therefrom and restore such ways or property to City
construction standards as adopted before the work was undertaken, unless otherwise directed by
the City. Lessee shall obtain all requisite permits for such work.
B. Ifweather or other conditions do not permit the complete restoration
required by this Section, the Lessee shall temporarily restore the affected ways or property. Such
temporary restoration shall be at the Lessee's sole expense and the Lessee shall promptly
undertake and complete the required permanent restoration when the weather or other conditions
no longer prevent such permanent restoration.
C. The Lessee or other person acting in its behalf shall use suitable
barricades, flags, flagmen, lights, flares and other measures as required for the safety of all
members of the general public and to prevent injury or damage to any person, vehicle or property
by reason of such work in or affecting such ways or property.
D. The Public Works and Utilities Director shall be responsible for inspection
and final approval of the condition of the public ways, other ways, and City property following
any construction and restoration activities therein. Further, the provisions of this Section shall
survive the expiration, revocation, or termination of this Lease.
25. FACILITIES MAPS. The Lessee shall provide the City with a map or maps
accurately reflecting the horizontal and vertical location and configuration of all of its
telecommunications facilities within the public ways and upon City property. The Lessee shall
provide the City with updated maps upon request by the City.
26. BOOKS, RECORDS AND MAPS. All books, records, maps and other
documents, maintained by the Lessee with respect to its telecommunications facilities within the
public ways and upon City property shall be made available for inspection by the City at
reasonable times and intervals; Provided, however, that nothing in this Section shall be construed
to require the Lessee to violate state or federal law regarding subscriber privacy, nor shall this
Section be construed to require the Lessee to disclose proprietary or confidential information
without adequate safeguards for its confidential or proprietary nature.
LEASE AGREEMENT - 9
27. LEASED CAPACITY AND CO-LOCATION. Lessee shall have the right,
with prior City approval, to sublet the premises consistent with this Lease; provided:
A. The Lessee shall furnish the City with a copy of any such proposed lease
or agreement between the Lessee and its sub-lessee;
B. The sub-lessee has complied, to the extent applicable, with the
requirements contained in this Lease;
C. The Lessee owns and/or controls the tower facility located on City
property;
D. The City and Lessee shall agree upon additional rental fee for sub-lessee
hook-ups pursuant to Section 10.D.
The City encourages co-location on existing telecommunications facilities and to that end
will not unreasonably withhold any approvals required by the City.
28. UTILITIES. Electricity, HV AC and telephone service, or other utilities are to be
provided to the Premises and Site at Lessee's expense and as outlined in Schedule A. City shall
cooperate with Lessee in obtaining utility service.
29. LICENSES AND TAXES. Upon commencement of the Lease, Lessee shall be
responsible for paying real or personal property, excise leasehold, business and occupation,
and/or other taxes or licenses which may in the future be assessed as a direct result of the
Lessee's operations at the telecommunications facilities described herein.
30. INSURANCE. The Lessee shall, as a condition of the Lease, secure and maintain
the following liability insurance policies insuring both the Lessee 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 Lessee:
A. Comprehensive general liability insurance, written on an occurrence basis,
with limits not less than:
1) $2,000,000.00 for bodily injury or death to each person;
2) $2,000,000.00 for property damage resulting from anyone
accident; and
LEASE AGREEMENT - 10
3) $2,000,000.00 for all other types ofliability.
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. 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 $2,000,000.00;
E. The liability insurance policies required by this Section shall be
maintained by the Lessee throughout the term of the Lease, and such other period of time during
which the Lessee is operating without a Lease hereunder, or is engaged in the removal of its
telecommunications facilities. The Lessee shall provide an insurance certificate, together with an
endorsement designating the City, and its elected and appointed officers, officials, agents,
employees, representatives, engineers, consultants, and volunteers as additional insureds, to the
City prior to the commencement of any work or installation of any facilities pursuant to said
Lease. Any deductibles or self-insured retentions must be declared to and approved by the City.
Payment of deductibles and self-insured retentions shall be the sole responsibility of the Lessee.
The Lessee'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
Lessee's insurance and shall not contribute with it. The City shall be provided thirty (30) days
advance notice of cancellation of any coverages required in 30.A. above;
F. 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 Lessee shall
obtain and furnish to the City replacement insurance policies meeting the requirements of this
Section.
31. GENERAL INDEMNIFICATION. Lessee 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 attorney fees in defense thereof, and including
claims by the Lessee's own employees to which the Lessee 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 Lessee, its
agents, employees, representatives or assigns. This provision shall be inapplicable to the extent
LEASE AGREEMENT - 11
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.
Lessee 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 Lessee releases and waives any and all claims against the City, its
officers, employees, agents, and volunteers for damage to or destruction of the Lessee'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.
32. CONSTRUCTION AND COMPLETION BOND. A performance bond written
by a corporate surety acceptable to the City equal to at least 100% of the estimated cost of
constructing the Lessee's telecommunications facilities within the public ways of the City or
upon City property shall be deposited in the event construction is commenced.
A. Except as provided below, the construction bond shall remain in force
until 60 days after substantial completion of the work, as determined by the City, including
restoration of public ways and other property affected by the construction.
B. The construction bond shall guarantee, to the satisfaction of the City:
1) Timely completion of construction;
2) Construction in compliance with applicable plans, permits,
technical codes, and standards;
3) Proper location of the facilities as approved by the City;
4) Restoration ofthe public ways and other public or private property
disrupted, damaged, or otherwise affected by the construction. The
construction bond shall warrant said restoration work for a period
of 1 year;
5) The submission of 'as-built' drawings after completion of the work
as required by this Chapter; and
6) Timely payment and satisfaction of all claims, demands or liens for
labor, material or services provided in connection with the work.
33. ASSIGNMENTS OR TRANSFERS OF LEASE. Ownership or control of a
Lease may not, directly or indirectly, be transferred, assigned or disposed of by sale, lease,
LEASE AGREEMENT - 12
merger, consolidation or other act of the Lessee, by operation oflaw or otherwise, without the
prior written consent of the City, which consent shall not be unreasonably withheld or delayed,
except as expressed by ordinance and then only on such reasonable conditions as may be
prescribed therein.
A. No Lease shall be assigned or transferred in any manner within twelve (12)
months after the initial grant of the Lease, unless otherwise provided.
B. Absent extraordinary and unforeseeable circumstances, system or integral
part of a system shall be assigned or transferred before construction of the telecommunications
facility has been completed.
C. The Lessee and the proposed assignee or transferee of the system shall
provide and certify the following information to the City not less than sixty (60) days prior to the
proposed date of transfer:
1) Complete information setting forth the nature, terms and condition
of the proposed transfer or assignment;
2) All information required of a lease applicant with respect to the
proposed transferee or assignee; and
3) An application fee.
D. No transfer shall be approved unless the assignee or transferee has the
legal, technical, financial, and other requisite qualifications to own, hold and operate the
telecommunications facility pursuant to this Lease.
E. Unless otherwise provided in this Lease, the Lessee shall reimburse the
City for all direct and indirect costs and expenses reasonably incurred by the City in considering
a request to transfer or assign this Lease. No approval shall be deemed approved until all such
costs and expenses have been paid.
F. Any transfer or assignment of the lease, system, or integral part of a
system without prior written approval of the City under this Section or pursuant to the Lease shall
be void and is cause for revocation of the lease.
G. Lessee shall make no assignment or transfer of this Agreement without
obtaining the written consent of Lessor, which consent shall not be unreasonably withheld.
34. TRANSACTIONS AFFECTING CONTROL OF LEASE. Any transactions
which singularly or collectively result in a change of 50% or more of the ownership or working
LEASE AGREEMENT - 13
control of the Lessee, 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 Lessee or of a telecommunications facility, or of control of the capacity or bandwidth of the
Lessee's telecommunication system, facilities or substantial parts thereof, shall be considered an
assignment or transfer requiring City approval pursuant to Section 33 hereof. Transactions
between affiliated entities are not exempt from City approval. The Lessee shall promptly notifY
the City prior to any proposed change in, or transfer of, or acquisition by any other party of
control of Lessee's company. Every change, transfer, or acquisition of control of a Lessee'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 the Lease. Approval shall not be required for
mortgaging purposes or if said transfer is from the Lessee to another person or entity controlling,
controlled by, or under common control with the Lessee.
35. REVOCA TION OR TERMINATION OF LEASE. The Lease granted by the
City to use or occupy public ways of the City or City property may be terminated for the
following reasons:
A. Lessee's construction or operation in the City or in the public ways of the
City or upon City property without proper City authorization;
B. Lessee's construction or operation at an unauthorized location;
C. Unauthorized substantial transfer of control of the Lessee;
D. Unauthorized assignment of Lease;
E. Unauthorized sale, assignment or transfer of Lessee's Lease, assets, or a
substantial interest therein;
F. Misrepresentation by or on behalf of the Lessee in any application or
written statement upon which the City relies in making the decision to grant, review or amend
said Lease;
G. Abandonment of telecommunications facilities in the public ways or upon
City property;
H. Failure to relocate or remove facilities as required in this Lease;
I. Failure to pay taxes, compensation, fees or costs when and as due the City;
J. Insolvency or bankruptcy of the Lessee;
LEASE AGREEMENT - 14
K. Failure to construct or operate in accordance with approved permits; and
L. Violation of any material provision or term of this lease.
36. NOTICE AND DUTY TO CURE. In the event that Lessee is in violation of or
defaults under the provisions of the Lease, the Lessee shall be given written notice of the
apparent violation, default or non-compliance, providing a short and concise statement of the
nature and general facts of the violation, default or non-compliance, and providing the Lessee a
reasonable period of time not exceeding 90 days to cure the violation.
37. STANDARDS FOR REVOCATION OR LESSER SANCTIONS. If
the City Council determines that a Lessee willfully violated or failed to comply with any of the
provisions of this Lease after notice is given the Lessee by the City under the provisions of this
Lease, then the Lessee shall forfeit all rights conferred hereunder and the Lease may be revoked
or annulled by the City. The City may elect, in lieu of the above and without any prejudice to any
of its other legal rights and remedies, to pursue other remedies and to recover damages and costs
incurred by the City by reason of the Lessee's failure to comply.
38. NOTICE OF ENTRY ON PRIVATE PROPERTY. If directed by the City, at
least 24 hours prior to entering private property or streets or public easements adjacent to or on
such private property to perform permitted new construction or reconstruction, a notice
indicating the nature and location of the work to be performed shall be physically posted, at no
expense to the City, upon the affected property by the Lessee. A door hanger may be used to
comply with the notice and posting requirements of this Section. The Lessee shall make a good
faith effort to comply with the property owner/resident's preferences, if any, on location or
placement of underground installations (excluding aerial cable lines utilizing existing poles and
existing cable paths), consistent with sound engineering practices. Provided, however, that
nothing in this Lease shall permit the Lessee to unlawfully enter or construct improvements upon
the property or premises of another.
39. SAFETY REQUIREMENTS. The Lessee, in accordance with applicable
federal, state, and local safety requirements shall, at all times, employ ordinary care and shall
install and maintain and use commonly accepted methods and devices for preventing failures and
accidents which are likely to cause damage, injury, or nuisance to the public and/or workers. All
structures and all lines, equipment and connections in, over, under, and upon the streets,
sidewalks, alleys, and public ways or places of a Lease area, wherever situated or located, shall at
all times be kept and maintained in a safe, suitable condition, and in good order and repair. The
City reserves the general right to see that the telecommunications facility of the Lessee is
constructed and maintained in a safe condition. If a violation of the National Electrical Safety
Code or other applicable regulation is found to exist by the City, the City will, after discussions
with the Lessee, establish a reasonable time for the Lessee to make necessary repairs. If the
LEASE AGREEMENT - 15
repairs are not made within the established time frame, the City may make the repairs itself or
have them made and collect all reasonable costs thereof from the Lessee.
40. LIENS. Lessee shall not permit any lien to be imposed upon the property of the
City as a result of work done by or on behalf of user and shall indemnify and hold the City
harmless against any and all expenses, including reasonable attorney's fees and court costs in
connection with any such lien.
41. MISCELLANEOUS.
A. This agreement shall be governed by the laws of the State of Washington.
B. The substantially prevailing party in any litigation arising hereunder shall
be entitled to its reasonable attorney's fees and court costs, including appeals, if any.
C. Each party agrees to furnish the other, within ten (10) days after request,
such truthful estoppel information as the other may reasonably request.
D. This Lease constitutes the entire agreement and understanding of the
parties, and supersedes all offers, negotiations and other agreements. There are no
representations or understandings of any kind not set forth herein. Any amendments to said
Lease must be in writing and executed by both parties.
E. If either party is represented by a real estate broker in this transaction, that
party shall be fully responsible for any fee due such broker.
F. If any term of this Lease is found to be void or invalid, such invalidity
shall not affect the remaining terms of this Lease, which shall continue in full force and effect.
G. Any notice or demand required to be given herein shall be made by
certified or registered mail, return receipt requested, to the address of the respective parties set
forth below:
LESSOR:
City of Bremerton
Attn: Public Works & Utilities
Administrative Manager
3027 Olyrnpus Drive
Bremerton, W A 98310-4799
LESSEE:
AMffLlc...p<.rJ 7owu..
Attn: LAf'JD MAN"'~E.N-r
0 ffJ..€SIDf-N..,'ltL W~'f
WQ80l..rJ / MA 0 jg-o/
AAetl.JCArJ -r owu...
Ht, J4"N;I~t1l""" Iwr..
Easbv I MA O"Z.JI (,
Prr-r '" : !..t.IrAL.
The individuals identified in this paragraph shall be the specific point of contact for each party
regarding all topics. Any change to this point of contact shall be delivered to the other party in
LEASE AGREEMENT - 16
writing by certified or registered mail, return receipt requested. All payments will be sent to the
above address.
42. FIRE PRECAUTIONS. Lessee will ensure that all Forest Protection
Regulations and Fire Precaution Levels (IFPLs) are observed during closed season (April 15 -
October 15). Lessee shall be responsible for checking IFPLs and keeping activities within those
allowed for a specific IFPL. Washington State Department of Natural Resources regulates forest
land activities and provides daily IFPLs vial telephone and the internet.
43. NONDISCRIMINATION. Lessee shall not discriminate in employment or
services to the public on the basis of race, color, national origin, sex, religion, age, marital status
or disability, except employment actions based on a bona fide occupational qualification.
LESSEE
Date:if ~1 hb
I
By:
Its:
Date: /0 -I a - tM,C!!:~
CARY BOZEMAN, Mayor
TO FORM:
BOYICH, City Attorney
LEASE AGREEMENT - 17
State of ./lIJ C(fJ )
County of .A1,\lj/~)O ~
ss.
On this ,;:2J~ of ~ urr , 20 &J t , personally appeared r-
rf;1"1 f}. H)ryot.. to m own to be the f).'MdtJt;- C".,J Af,,1drttfe"'..-
t
r7,uv1"'r ~~k- (.. L-e- , a ~(a~ _ l"'/.- c.- corporation, that executed
the within and foregoing instrument, and acknowledged said instrument to be the free and
voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on
oath stated that he/she was authorized to execute said instrument.
In witn'"tiimh6AlWf I have hereunto set my hand and affixed my official seal the day and
7.;AA.-;:"'I'1.
year first iPSu ~~'~u. ~ "'~
I.: ~
T....~<<":I\()N EXPII/;.. "1,A. ~
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r,~ AIrYc-" ".,.., .*,VVI'A"(\~. ~\\~
S tate of W as~f<<~~,""~~
Notary Public in and for the State of /I14s:/
Residing at k0?b,,~ ~ .
My commission expires: I f1 /J-I>I/
County of Kitsap
ss.
On this J.3::t/Oday of ~ ' 20[UJ::L_, personally appeared Cary Bozeman
to me known to be the Mayor 0 he City of Bremerton, a municipal corporation, that executed
the within and foregoing instrument, and acknowledged said instrument to be the free and
voluntary act and deed of said municipal corporation, for the uses and purposes therein
mentioned, and on oath stated that he was authorized to execute said instrument.
In witness ,W.DQ)lIoof,] have hereunto set my hand and affixed my official seal the day and
L L L III
year first ab~~~~t't:eD" "'.7.~~'",,,
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MAY15,2010: ~
Y/-"" PUBLIC .:~q.~
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RECEIVED Fa ''PIlU1N(9~\\
STaN, City Clerk
R:\LEGAL\Co tracts\FORMS\Telecommunication Facilities Lease.fonn.doc
LEASE AGREEMENT - 18
EXHIBIT 'A'
DESCRIPTION:
THE NORTHWEST QU.~qTER k~D TH~ SOGihwEST QUARTER k~D THE WEST P~F OF THE NORTHEAST QOAqTE:
h~D WEST P~F OF THE NORTHWEST QO&qTER OF TtiE SOUTHEAST QUFRTER OF SECTION 29, TOw~TSHI? 2,
NORTH, RANGE 1 EAST, W. M ., IN KITSAP COUNTY, WASHINGTON;EXCEPT THE FOLLOWING:
THAT PORTION OF THE NORThl~EST QUARTER OF THE SOUTHEAST QOAqTER, SECTION 29, TOwrlSHIP 24
NORTH, RfuVGE 1 EAST, W.M., DESCRIBED AS FOLLOWS:BEGINNING AT A POINT 396 FEET EAST h~D 15 FEET NORTH OF THE SODTmlEST CORNER 02 SAIDNORTnwESTQUARTEROFTHESOG1HE.~T QUPRTER; THENCE EAST ALONG A LINE PAR~LEL TO ANDDISTk~T 15 FEET NORTH OF THE SOUTH LINE OF SAID NORTh~EST QU&qTER OF THE SOUTHEAST QOA~TEr
TO THE EAST LINE OF THE SOUTH P_~F OF THE SOUThwEST QQ~qTER OF THE NORTW~EST QUAqTER 0:
THE SOGiHE.~T QU.~TER OF SAID SECTION 29; THENCE NORTH ALONG SAID EAST LINE TO THENORTHEASTCO~~ER OF SAID SOuiE R~F OF THE SOUTill~EST QU~RTER OF TEE NORTWNEST QOARTER 0=
THE SOulHEAST QUARTER; rnENCE WEST ALONG THE NORTH LINE THEREOF TO A POINT 396 FEET R~~T
OF THE NORTHWEST CO~~ER OF SAID SOUTH P~F OF THE SOOT~~EST QUPRTER OF THE NORTh~ESTQUARTEROFTHESOUTHEASTQUARTER; THENCE SOUTH ON A ST~~IGhl LINE TO THE POINT OFBEGINNING.
1~1-'-
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f "...., ;
t .~_7_~-i' .,-~-'"~1
jJi~,_L//
EXHIBIT "8"
EXISTING .34'x12'
EQUIPMENT SHELTER
EXISTING GRAVEL
PARKING AREA
EXISTING 20' WIDE \ '
GRAVEL ACCeSS DRIVE . / \
PROPOSED 12'x 11 'f
GRAVEL ACCESS
DRIVE
EXISTING TREES
TO BE REMOVED
i,
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APRIL 17, 1995
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APRIL 17, 1995
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AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Professional Services
Agreement with Kitsap Humane Society for
Animal Control Services
Study Session Date: October 14, 2020
COUNCIL MEETING Date: October 21, 2020
Department: Financial Services
Presenter: Melinda Monroe
Phone: (360) 473-5306
SUMMARY: The Kitsap Humane Society has historically provided animal control services to local
municipalities, including the City of Bremerton. The City of Bremerton and Kitsap Humane Society
have agreed to the renewal of the Animal Control Services Contract with a 3-year term.
Compensation will remain at the 2020 amount. Annual adjustments are via CPI, but the agreement
does allow for an additional compensation review if reporting provided shows that service levels are
substantially increased.
ATTACHMENTS: 1) Kitsap Humane Society PSA; 2) 2019 Animal Control Reporting - Executive
Summary
FISCAL IMPACTS (Include Budgeted Amount: This item is included in the 2021 Non-
Departmental Budget.
STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION: Move to approve the Animal Control Services Agreement between the
City of Bremerton and Kitsap Humane Society; 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
A5
PROFESSIONAL SERVICES AGREEMENT BETWEEN KITSAP HUMANE SOCIETY
AND CITY OF BREMERTON
The City of Bremerton ("City") and the Kitsap Humane Society ("Contractor"), referred to
collectively as the Parties, enter into the following Agreement for professional services.
I. Scope: The Contractor shall provide the professional services defined in this
Agreement and as necessary to accomplish the Scope of Work (“Scope of Services”) attached
hereto as Exhibit A. The Scope of Services may be modified only pursuant to Section VII I,
subsection G of this Agreement. Contractor further represents that the services furnished
under this Agreement will be performed in accordance with generally accepted professional
practices in effect at the time such services are performed and pursuant to the provisi ons of
Chapter 7.10 of the Bremerton Municipal Code (“BMC”) entitled "Impoundment and
Quarantine," as currently enacted and hereinafter amended. Applicable fees and costs for
services are set forth in BMC Chapter 3.01, as currently enacted and hereinafter amended.
PROVIDED, HOWEVER, the City reserves the right to prioritize Scope of Work and
accelerate and/or delay work tasks under the time frame set forth in Section II herein.
II. Term: The term of this Agreement shall be three (3) years commencing on January
1, 2021 and terminating on December 31, 2023, unless otherwise earlier terminated in
accordance with Section IX of this Agreement.
III. Compensation: In consideration of the services provided pursuant to this
Agreement, the City shall pay Contractor the following Administrative Fee:
2021 $218,607.96
$
Or $18,217.33
per month
Automatic adjustments to compensation shall be limited to an annual basis and adjusted by 100%
of the Consumer Price Index for All Urban Consumers: Pet Services ("CPI") Seattle Tacoma Index
(1984-87=100) as published by the Bureau of Labor Statistics for the December for which statistics
were posted prior to the annual anniversary of the effective date of this agreement. The annual
adjustment will never be less than 0.5% and will never be more than 5%. Adjustments can be
withheld if the Contractor does not provide the City their reporting per Section 4 of the agreement.
If the annual reporting indicates that Dangerous Animal cases within the City of Bremerton have
exceeded more than 120% of the prior year's numbers, or Pet Licenses issued have increased more
than 60% of the prior year's numbers, or deceased animal pick-up have increased more than 50%
of the prior year's numbers; then the City of Bremerton and the Contractor may renegotiate the
annual adjustment amount. Regardless of the change in services in no case will the adjustment
amount exceed 4%.
In addition, the Contractor shall retain all licensing fees pursuant to Section 8 of Exhibit A, and all
fees collected pursuant to BMC 7.10.010(e) unless otherwise agreed by the parties.
The City shall pay the Contractor for costs of impoundment of animals exceeding thirty (30)
days due to the Bremerton Municipal Court requiring the retention of evidence (animals).
Such Boarding costs for impoundment beyond thirty (30) days shall be as set forth in Chapter
3.0l BMC. In the event the Contractor finds it necessary to board the animals at other shelters
for Court ordered impoundment beyond thirty (30) days, the City shall pay the Contractor for
additional expenditures for veterinarian costs including medicine and lab work which will be
billed separately at the Contractor's costs. The Contractor shall notify the City on the twenty
fifth (25th) day if it appears Court ordered impounded animals will be sheltered for over thirty
(30) days.
The Contractor shall submit monthly invoices for services in a format acceptable to the City.
The City shall pay the Contractor by check within thirty (30) days of receipt of a proper
invoice.
If a billing statement does not conform to this Agreement, the City may withhold
payment until the statement is brought into compliance. Such withholding does not relieve
Contractor of its obligations under this Agreement.
IV. Reporting: The Contractor shall provide the City both performance reporting and
financial reporting.
A. The Contractor shall provide the City with quarterly performance reporting of
contracted services and tasks as listed below at a minimum. This reporting shall include pet
licensing data such as pets licensed, and animal control statistics such as number and type of
complaints received and investigated. Other specific data will be provided as requested. The
City reserves the right to withhold payment if reports are not submitted in a timely basis.
Performance Reporting shall include the following information at a minimum:
(i) Number of Animal Control Complaints by type
(ii) Number animals declared Potentially Dangerous (PDA) or Dangerous
(iii) Number of stray animals picked up in the City of Bremerton
(iv) Number of animal licenses issued to City of Bremerton residents
B. The Contractor shall provide annually Financial Reporting no later than May 30th
of the year following service. Reporting shall include: revenue collected, revenue distribution
to services for provision of the animal control contract, revenue and costs incurred in
administering the licensing program, a copy of Kitsap Humane Society’s fixed asset
depreciation, costs of delivering animal control services and allocation of that budget to the
City of Bremerton.
V. Relationship of parties: Contractor represents that it is skilled in the matters
addressed in the Scope of Services and is performing independent functions and
responsibilities within its field of expertise. Contractor and its personnel are independent
Contractors and not employees of the City. Contractor and its personnel have no authority to
bind the City or to control the City's employees and other Contractors. None of the benefits
provided by the City to its employees, including, but not limited to, compensation, insurance,
and unemployment insurance are available from the City to the employees, agents,
representatives, or sub-contractors of the Contractor. Contractor will be solely and entirely
responsible for its acts and for the acts of Contractor's agents, employees, representatives and
sub-contractors during the performance of this Agreement. The City may, during the term of
this Agreement, engage other independent Contractors to perform the same or similar work.
As an independent contractor, Contractor is responsible for its own management. The City's
administration and enforcement of this Agreement shall not be deem ed an exercise of
managerial control over Contractor or its personnel.
As an independent contractor, Contractor is responsible for payment of all taxes and licensing
fees necessary to perform its obligations under this Agreement. These taxes and fees include
but are not limited to State industrial insurance, Business & Occupation, State professional
licensing, and City business licensing. If any taxes or fees due the City have been declared
delinquent, the City may withhold the delinquent amount, plus any additional charges arising
from the delinquency, from any payments due Contractor.
VI. Indemnification: Contractor shall defend, indemnify and hold the City, its officers,
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages,
losses or suits, including all legal costs and attorney fees, arising out of or in connection with the
performance of this Agreement, except for that portion of the injuries and damages caused
by the City's sole negligence.
The City's review or acceptance of any of the work when completed shall not be grounds to
avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of the Contractor
and the City, its officers, officials, employees, agents and volunteers, the Contractor's liability
hereunder shall be only to the extent of the Contractor's negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S
WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW,
SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES
FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS
WAIVER.
The provisions of this section shall survive the expiration or termination of this Agreement.
VII. Insurance: The Contractor shall procure and maintain for the duration of the
Agreement, insurance against claims for injuries to persons or damage to property which
may arise from or in connection with the performance of the work here under by the
Contractor, its agents, representatives, employees, or sub-contractors.
Before beginning work on the project described in this Agreement, the Contractor shall
provide a Certificate of Insurance evidencing:
Automobile Liability insurance with limits no less than $1,000,000 combined single limit
per accident for bodily injury and property damage; and
Commercial General Liability insurance written on an occurrence basis with limits no
less than $1,000,000 combined single limit per occurrence and general aggregate for
personal injury, bodily injury and property damage. Coverage shall include but not be
limited to blanket contractual, products/completed operations/broad form property
damage, explosion, collapse and underground (XCU) if applicable; and
Workers Compensation insurance as statutorily required by the Industrial Insurance Act of
the State of Washington, Title 51, Revised Code of Washington and employer's liability
with limits not less than $1,000,000.
Any payment of deductible or self-insured retention shall be the sole responsibility of the
Contractor.
All required policies shall be provided on an "occurrence" basis except professional liability
insurance (if required), which may be provided on a "claims-made" basis.
The City shall be named as an additional insured on the Commercial General Liability
insurance policy, as respects work performed by or on behalf of the Contractor and a copy of
an endorsement that is acceptable to the City, which names the City as an addi tional insured
shall be attached to the Certificate of Insurance. The City reserves the right to receive a
certified copy of all the required insurance policies and endorsements. The City further
reserves the right to reject any unacceptable policies and/or endorsements.
The Contractor's Commercial General Liability insurance shall contain a clause stating that
coverage shall apply separately to each insured against whom claim is made or suit is brought,
except with respects to the limits of the insurer's liability.
The Contractor's insurance shall be primary insurance as respects the City and the City shall
be given thirty (30) days prior written notice by certified mail, return receipt requested, of any
cancellation, suspension or material change in coverage.
The City also reserves its unqualified right to require at any time and for any reason, proof of
coverage in the form of a duplicate of the insurance policy with all endorsements as evidence
of coverage.
VIII. General Conditions:
A. Reports, Audit and Information. The Contractor shall maintain all books,
records, documents, and other evidence pertaining to the costs and expenses allowable under
this Agreement in accordance with generally accepted accounting principles (GAAP). All
such books and records required to be maintained by this Agreement shall be subject to
inspection and audit by representatives of the City and/or the Washington State Auditor at all
reasonable times, and the Contractor shall afford the proper facilities for such inspection and
Audit Representatives of the City and/or the Washington State Auditor may copy such books,
accounts, and records where necessary to conduct or document an audit. The Contractor shall
preserve and make available all such books of accounts and records for a period of three (3)
years after final payment under this Agreement. In the event that any audit or inspection
identifies any discrepancy in such financial records, the Contractor shall provide the City with
appropriate clarification and/or financial adjustments within thirty (30) calendar days of
notification of the discrepancy.
B. Ownership and Use of Records and Documents. Original documents, drawings,
designs and reports, including those in electronic format, developed under this Agreement are
the property of the City. All written information submitted by the City to the Contractor in
connection with the services performed by the Contractor under this Agreement will be
safeguarded by the Contractor to at least the same extent as the Contractor safeguards like
information relating to its own business. If such information is publicly available or is already
in Contractor's possession or known to it or is rightfully obtained by the Contractor from third
parties, Contractor shall bear no responsibility for its disclosure, inadvertent or otherwise.
All data, documents and files created by Contractor under this Agreement may be stored at
Contractor's office in Silverdale, Washington. Contractor shall make such data, documents,
and files available to the City upon its request at all reasonable times for the purpose of editing,
modifying and updating as necessary until such time as the City is capable of storing such
information in the City's offices. Duplicate copies of this information shall be provided to the
City upon its request, and at reasonable cost.
All documents, including all reports, drawings, specifications, computer software or other
items prepared or furnished by Contractor pursuant to this Agreement, are instruments of
service with respect to the project and are the property of the City. Any reuse by the City for
other than the specific purpose intended will be at City's sole risk.
C. Work Performed at Contractor's Risk. Contractor shall take all precautions
necessary and shall be responsible for the safety of its employees, agents, and sub-contractors
in the performance of the work hereunder and shall utilize all protection necessary for that
purpose. All work shall be done at Contractor's own risk, and Contractor shall be responsible
for any loss of or damage to materials, tools, or other articles used or held for use in connection
with the work.
D. Place of Work. The Contractor shall perform the work authorized under this
Agreement at its offices in Silverdale, Washington, and within the Bremerton City limits.
Meetings with the City staff as described in Exhibit A, Scope of Services, shall take place at
the City's offices, or at locations mutually agreed upon by the parties.
E. Entire Agreement. This Agreement and its Exhibits constitutes the entire
agreement between the Parties, and the Parties acknowledge that there are no other
agreements, written or oral, that have not been set forth in the text of this Agreement.
F. Severability. Should any part of this Agreement be found void, the balance of
the Agreement shall remain in full force and effect.
G. Modification. This Agreement may only be modified by written instrument
signed by both Parties.
H. Written Notices. All communications regarding this Agreement shall be sent
to the Parties at the addresses listed below by registered or 1st class mail, or by personal
service, and shall be deemed sufficiently given if sent to the addressee at the address stated in
this Agreement or such other address as may be hereafter specified in writing.
City of Bremerton
Contracts Administrator
City of Bremerton Financial
Services
345 6th Street, Suite 100
Bremerton, WA 98337-1873
Kitsap Humane Society
Executive Director
9167 Dickey Rd NW
Silverdale, WA 98383-8860
I. Waiver. Failure to enforce any provision of this Agreement shall not be deemed
a waiver of that provision. Waiver of any right or power arising out of this Agreement shall
not be deemed waiver of any other right or power.
J. Non-Waiver of Breach. The failure of the City to insist upon strict performance
of any of the covenants and agreements contained herein, or to exercise any option herein
conferred in one or more instances shall not be construed to be a waiver or relinquishment of
said covenants, agreements or options, and the same shall be and remain in full force and
effect.
K. Compliance with Laws. Contractor shall comply with all applicable Federal,
State, and local laws in performing its obligations under this Agreement.
L. Choice of Law and Venue. This Agreement shall be interpreted according to
the laws of the State of Washington. Any Judicial action to resolve disputes arising out of this
Agreement shall be brought in Kitsap County Superior Court.
M. Attorneys' Fees. In the event of litigation to enforce any of the terms or
provisions herein, each party shall pay all its own costs and attorney's fees.
N. Assignment. Any assignment of this Agreement by the Contractor without the
written consent of the City shall be void.
O. Equal Employment Opportunity Statement. It is the policy of the City of
Bremerton to offer equal employment opportunity to all individuals. The City of Bremerton
will administer all actions with respect to employment practices in compliance with federal,
state and local laws, and will not discriminate in any employment practice on the basis of age
(40+), sex, race, creed, color, national origin, sexual orientation/gender identity, marital
status, military status, or the presence of any physical, mental or sensory disability.
P. ADA Statement. The City of Bremerton does not discriminate on the basis of
disability in programs and activities, which it operates pursuant to the requirements of the
Americans with Disabilities Act of 1990, and ADA Amendments Act. This policy extends
to both employment and admission to participation in the programs, services and activities
of the City of Bremerton. Reasonable accommodation for employees or applicants for
employment will be provided.
IX. Nondiscrimination: Contractor shall not discriminate in employment or services to
the public on the basis of race, color, national origin, sex, religion, age, marital status,
disability, or sexual orientation except for employment actions based on bona fide
occupational qualification.
X. Termination: This Agreement shall remain in force until terminated by written
instrument upon mutual consent, or by the City of Bremerton for convenience. This
Agreement may be immediately terminated for cause by a Party if the other Party substantially
fails to perform through no fault of the terminating Party, and the non-performing Party does
not commence correction of the failure of performance within thirty (30) days of the
terminating Party's sending notice to the non-performing Party. Any Notice by Contractor
shall include a report showing the status of all items listed in the Scope of Work current
through the termination date.
A. Excusable Delays. The right of Contractor to proceed shall not be terminated
nor shall Contractor be charged with liquidated damages for any delays in the completion of
the work due to: 1) any acts of the federal government in controlling, restricting, or
requisitioning materials, equipment, tools, or labor by reason of war, national defense, or other
national emergency, 2) any acts of the City, its Contractors, or other public agencies causing
such delay, and 3) causes not reasonably foreseeable by the Parties at the time of the execution
of the Agreement that are beyond the control and without the fault or negligence of the
Contractor, including, but not restricted to, acts of God, fires, floods, strikes, or weather of
unusual severity. PROVIDED, HOWEVER, that the Contractor must promptly notify the City
within ten (10) calendar days in writing of the cause of the delay. If, on the basis of the facts
and the terms of this Agreement, the delay is properly excusable, the City shall, in writing,
extend the time for completing the work for a period of time commensurate with the period of
excusable delay.
B. Rights Upon Termination. In the event of termination, the City shall pay for all
services performed by the Contractor to the effective date of termination, as described on a
final invoice submitted to the City. After termination, the City may take possession of all
records and data within the Contractor's possession pertaining to this project which may be
used by the City without restriction. Any such use not related to the project which Contractor
was contracted to perform shall be without liability or legal exposure to the Contractor.
IN WITNESS WHEREOF the parties hereto have executed this Agreement the date and
year indicated.
KITSAP HUMANE SOCIETY
_____________________________ ___________________
Eric Stevens, Executive Director Date
CITY OF BREMERTON:
____________________________ ___________________
Greg Wheeler, Mayor Date
Approved as to form:
______________________________
Roger Lubovich, City Attorney
Attest:
_____________________________
Angela Hoover, City Clerk
EXHIBIT A
SCOPE OF SERVICES
The Contractor agrees to furnish all labor, materials, equipment, and facilities to perform the
duties and services required of the official Animal Control and Humane Society of the City.
Such duties and services shall include the following:
1.. Impounding Authority: The Contractor shall act as the Animal Control and
Impounding Authority for the City and shall provide impound services and facilities for all
animals for which impounding is authorized or ordered by the City pursuant to City
ordinances.
2. Enforcement of Ordinances: The Contractor is designated as the Animal Control
Authority and shall enforce all ordinances of the City including enforcement of Park Codes
in City Parks now in effect or hereinafter enacted relative to the care, treatment. control,
impounding, and licensing of animals and commercial animal facilities. The Contractor shall
investigate complaints of animal cruelty under RCW 16.52 and violations of BMC Title 7 and
refer appropriate complaints to the City for prosecution. The Chief of Police of the City shall
commission animal control officers of the Contractor over the age of twenty-one (21) years
as special police officers of the City with the power to enforce City Ordinances and
Washington State RCWs relating to animal control only. PROVIDED, that such commission
shall be conferred at the discretion of the Chief of Police and may be revoked at will by him.
All commissioned Animal Control Officers shall receive basic training in animal control
enforcement from the Animal Control Academy in Burien (or comparable training elsewhere).
Further, the Contractor shall assist City law enforcement officers for DUI/DWI stops and/or
traffic accidents involving dogs or cats.
3. Quarantine: A pet or livestock that bites and breaks the skin of any person may be
impounded by the animal control authority and, if impounded, shall be quarantined for ten calendar
days to determine if the animal is infected with a disease. The place of quarantine shall be
established by the animal control authority. The animal control authority may, in its discretion,
allow the owner of the animal to maintain the quarantine. Any boarding fees incurred during the
quarantine shall be paid by the owner of the animal. During the quarantine, the animal shall not
have contact or access to any person or any other pet or livestock other than with the owner of the
animal or animal control authority employees. Relinquished animals may be euthanized if they
present a danger to Humane Society staff, as attested by the veterinarian and behavior
consultant. This provision shall not be interpreted as diminishing, reducing or eliminating any
person’s duties and liabilities otherwise provided by law.
4. Injured Animals: The Contractor, while on patrol or by request, shall pick up injured
domestic animals on City streets, roads, parks, and alleys. The Contractor shall provide
veterinary care for such animals and will make every attempt to locate the owner. If the owner
of such animal is unknown or unavailable, the Contractor shall make such disposition of said
animal as it deems necessary or appropriate according to any applicable City, County, State
or other appropriate regulations.
5. Clearing of Livestock: The Contractor, on request, shall assist officers of the Bremerton
Police Department in clearing the City streets and roads of livestock or any other domestic animals
at large or deceased on said roads and streets. If an owner cannot be located by Police or the
Contractor, the Contractor will take in stray chickens, pigs and horses, but not cows. The
Contractor shall not be responsible for disposal of deceased livestock.
6. Animals brought to Shelter: The Contractor shall accept dogs, cats, and other small
pets brought to the Shelter by their owners or authorized persons, PROVIDED, such animals
shall have not bitten any person within the last ten (10) days so as to have broken the skin;
PROVIDED FURTHER, that disposition of said animal shall be at the discretion of
the Contractor. Nothing herein contained shall be construed to prevent the Contractor from
charging the owner for euthanasia and/or cremation where such services are requested of the
Contractor or deemed necessary.
7. Assistance in Prosecution: The Contractor shall provide its animal control officers
the necessary courtroom training to present evidence and provide testimony in the prosecution
of all violations of any ordinance or statute pertaining to animals herein def ined. The
Contractor shall assist all officers of the City in obtaining and presenting evidence in
connection with the prosecution of all violations of City ordinances pertaining to animals
covered by this Agreement. The Contractor will honor all Bremerton Municipal Court
Subpoenas.
8. Licensing, Marketing and Fees: The Contractor shall be responsible for issuing
licenses and collecting the fees therefore for all animals for which a license is required by City
ordinance, at no cost to the City. The Contractor shall be responsible for administering the
City's licensing program for all animals for which a license is required by the City. All
licensing fees collected by the Contractor from City of Bremerton pet owners shall be retained
by the Contractor and shall be used first to cover the cost of operating and marketing the
licensing program, then to help pay for the spaying and neutering of unclaimed stray pets from
the City of Bremerton before they are adopted out, and lastly to help subsidize a portion of
the cost of offering discounted spay or neuter surgery services to low-income residents of the
City. The licensing responsibilities of the Contractor shall include:
a. Issue licenses and collect fees.
b. Offer City of Bremerton residents both annual and lifetime pet licensing
options.
c. Offer City of Bremerton residents an on-line licensing registration option.
d. Offer City of Bremerton residents chicken licenses on an annual basis and
renewal.
e. Send out renewal notices and reminders to pet and chicken owners via mail or
online.
f. Promote and market the licensing program to Bremerton residents.
g. Submit monthly or quarterly reports to the City detailing licenses issued and
fees collected; and
h. Submit an annual report to the City identifying the total number of licenses
issued; and the costs of administering the program.
9. Routine and Educational Services: The Contractor shall provide the following
services of a routine and educational nature to the citizens of Bremerton:
a. The Contractor shall take in all stray domestic animals found within the City of
Bremerton and provide those animals with kenneling and care, including inoculations
and flea treatments. Stray animals that are reported to the Contractor via the "911"
Central Communications system shall be retrieved by the Contractor; in the case of
multiple "911" calls, the Contractor may use its own criteria to prioritize its responses
to such calls. Stray animals brought to the Contractor by City residents shall be
accepted by the Contractor. The Contractor shall make reasonable attempts to contact
a stray animal's owner if identifying information is found on the animal, such as a
license tag, identification tag or microchip. The Contractor shall provide a redemption
system to enable owners to reclaim their lost pets.
b. Provide a twenty-four (24) hour lost and found pet information phone line and
develop, if possible, a web site with appropriate safeguards to view animals that have
been picked up as stray.
c. Provide education to the public on responsible pet ownership and other
animal welfare issues.
d. Provide subsidized spay and neutering surgery programs for low-income
residents of the City.
e. At the request of an elderly or disabled/infirmed City resident and with the
permission of the property owner, the Contractor will set and retrieve trap(s)
necessary to impound stray or injured domestic dogs and/or cats.
f. Provide an adoption program that promotes responsible pet ownership as well
as securing the spaying or neutering of animals in order to reduce population.
g. Act as a resource facility for court-ordered community service .
h. The Contractor shall be responsible for the removal and disposal of all
dead domestic animals from the Bremerton streets, roads, sidewalks and
alleyways. If the owner of such animal is unknown or unavailable, and the
Contractor has made reasonable attempts to contact the animal's owner if
identifying information is found on the animal, the Contractor shall make
disposition of the animal as it deems necessary or appropriate under the
circumstances.
10. Emergency and 24-Hour Services: The Contractor shall perform the Scope of
Services listed above during normal business hours of the Contractor; however the
clearing of livestock from roadways, impoundment of injured animals, and assistance to
City law enforcement officers and fire personnel during DUI/DWI stops, traffic accidents,
and structural fires shall be considered an "emergency" and responded to twenty-four (24)
hours a day, 365 days a year.
Further, in response to calls dispatched through CENCOM 911, the Contractor will
provide emergency services 24 hours a day, seven days a week, including:
a. Handling injured at-large animals, including animals injured in accidents.
b. Responding to unprovoked dog bites where the dog is still at large and a
threat to the public.
c. Providing assistance to law enforcement for search warrants, traffic stops,
accidents, evictions and other essential duties.
All "emergencies" shall be at the mutual discretion of the Contractor and the Bremerton
Police/Fire personnel. Nothing contained herein shall require the Contractor or its agents to
respond after the Contractor's normal business hours for routine animal complaints, pickups,
or patrols.
INSR ADDL SUBR
LTR INSR WVD
DATE (MM/DD/YYYY)
PRODUCER CONTACT
NAME:
FAXPHONE
A/C, No):(A/C, No, Ext):
E-MAIL
ADDRESS:
INSURER A :
INSURED INSURER B :
INSURER C :
INSURER D :
INSURER E :
INSURER F :
POLICY NUMBER
POLICY EFF POLICYEXPTYPEOFINSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY)
COMMERCIAL GENERAL LIABILITY
AUTOMOBILE LIABILITY
UMBRELLA LIAB
EXCESS LIAB
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
AUTHORIZED REPRESENTATIVE
INSURER(S) AFFORDING COVERAGE NAIC #
Y / N
N / A
Mandatory in NH)
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
EACH OCCURRENCE $
DAMAGE TO RENTED $
PREMISES (Ea occurrence)CLAIMS-MADE OCCUR
MED EXP (Any one person)$
PERSONAL & ADV INJURY $
GENERAL AGGREGATE $GEN'L AGGREGATE LIMIT APPLIES PER:
PRODUCTS - COMP/OP AGG $
PRO-
OTHER:
LOCJECT
COMBINED SINGLE LIMIT
Ea accident)
BODILY INJURY (Per person)$ANY AUTO
OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS
AUTOS ONLY
HIRED PROPERTY DAMAGE $
AUTOS ONLY (Per accident)
OCCUR EACH OCCURRENCE $
CLAIMS-MADE AGGREGATE $
DED RETENTION $$
PER OTH-
STATUTE ER
E.L. EACH ACCIDENT $
E.L. DISEASE - EA EMPLOYEE $
If yes, describe under
E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below
POLICY
NON-OWNED
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s).
COVERAGES CERTIFICATE NUMBER:REVISION NUMBER:
CERTIFICATE HOLDER CANCELLATION
1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks ofACORDACORD25 (2016/03)
ACORDTM CERTIFICATE OF LIABILITY INSURANCE
StarNet Insurance Company
Allied World Surplus Lines Insurance Co
6/03/2020
Propel Insurance
Tacoma Commercial Insurance
1201 Pacific Ave, Suite 1000
Tacoma, WA 98402
Nicole Anderson
800 499-0933 866 577-1326
nicole.anderson@propelinsurance.com
Kitsap Humane Society
9167 Dickey Rd NW
Silverdale, WA 98383
40045
24319
A X
X
X
HHS857742412 05/31/2020 05/31/2021 1,000,000
1,000,000
20,000
1,000,000
2,000,000
2,000,000
A
X
X X
HHS857742412 05/31/2020 05/31/2021 1,000,000
A X X HHS857742412 05/31/2020 05/31/2021 3,000,000
3,000,000
A
N
HHS857742412
WA STOP GAP
05/31/2020 05/31/2021
1,000,000
1,000,000
1,000,000
B
A
Vet Professional
Leased Equipment
03113694
HHS857742412
05/31/2020
05/31/2020
05/31/2021
05/31/2021
1,000,000 Per Claim
1,000,000 Aggregate
37,883
RE: Animal Control Contract. Certificate holder is included as additional insured, per the attached.
City of Bremerton
City Clerk
345 6th Street, Ste 100
Bremerton, WA 98337
1 of 1
S4156615/M4156146
KITSHUMA1Client#: 95818
CRS01
1 of 1
S4156615/M4156146
This page has been left blank intentionally.
COMMERCIAL GENERAL LIABILITY
CG 83 91 12 19
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THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ CAREFULLY.
GENERAL LIABILITY BROADENING ENDORSEMENT
This endorsement modifies the insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
Throughout this endorsement, the words “you” and “your” refer to the Named Insured shown in the Declarations.
The word “we,” “us,” and “our” refer to the company providing this insurance.
The following is only a summary of the additional coverages provided by this endorsement and is provided only for
your reference and convenience. For the Limits of Insurance and the additional coverages provided by this
endorsement, read the provisions on the following pages and the Coverage Form, which this endorsement
modifies.
SUBJECTS OF INSURANCE
Broadened Bodily Injury
Broadened Personal and Advertising Injury
Broadened Property Damage
Broadened Fire, Lightning, Explosion, and Sprinkler Leakage - $500,000
Broadened Medical Payments - $20,000
Broadened Supplementary Benefits
a. Bail Bonds - $1,000
b. Expenses Incurred to Assist in Defense - $500 per Day
Broadened Newly Acquired or Formed Organization
Broadened Non-Owned or Chartered Watercraft or Aircraft
Broadened Commercial General Liability Conditions
a. Duties in the Event of Occurrence, Offense, Claim, or Suit
b. Liberalization – Automatic Coverage If We Adopt Broader Coverages
c. Notice to Company
Automatic Coverage for “Special Events”
Automatic Additional Insureds
a. Athletic Activity Participants
b. Contractual Obligations
c. Funding Sources
d. Manager or Lessor of Premises
e. Owner, Manager, Operator, or Lessor of “Special Event” Premises
f. Supervisors or Higher in Rank – Co-Employee Exclusion Removed
g. Limitations
Blanket Waiver of Subrogation
Priority of Application for Multiple Insureds
The coverages listed in this endorsement are provided as extensions or additions to your insurance
program.
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CG 83 91 12 19
A. BROADENED BODILY INJURY
Paragraph 3. of Section V – Definitions is deleted and replaced with the following:
3. “Bodily injury” means physical injury, sickness, or disease sustained by a person, including death resulting
from any of these. “Bodily injury” also means mental injury, mental anguish, humiliation, or shock
sustained by a person, if directly resulting from physical injury, sickness, or disease sustained by that
person.
B. BROADENED PERSONAL AND ADVERTISING INJURY
1. Paragraph 14. of Section V - Definitions is deleted and replaced with the following:
14. “Personal and advertising injury” means injury, including consequential “bodily injury” arising out of one or
more of the following offenses during the policy period.
a. False arrest, detention, or imprisonment;
b. Malicious prosecution or abuse of process;
c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a
room, dwelling, or premises that a person occupies by or on behalf of its owner, landlord, or lessor;
d. Oral, written, televised, videotaped, or electronic publication of material that slanders or libels a
person or organization, or disparages a person’s or organization’s goods, products, or services;
e. Oral, written, televised, videotaped or electronic publication of material that violates a person’s right
of privacy;
f. Misappropriation of advertising ideas or style of doing business;
g. Infringement of copyright, title, or slogan; or
h. Mental injury, mental anguish, humiliation, or shock, if directly resulting from Items 14.a. through 14.g.
above.
2. Exclusions 2.b. and 2.c. under Coverage B - Personal and Advertising Injury Liability are deleted and
replaced with the following:
b. Material Published with Knowledge of Falsity
Personal and advertising injury” arising out of oral, written, televised, videotaped, or electronic
publication of material, if done by or at the direction of the insured with knowledge of its falsity;
c. Material Published Prior to Policy Period
Personal and advertising injury” arising out of oral, written, televised, videotaped, or electronic
publication of material whose first publication took place before the beginning of the policy period;
C. BROADENED PROPERTY DAMAGE
Exclusion 2.a. under Coverage A - Bodily Injury and Property Damage Liability is deleted and replaced with
the following:
a. Expected Or Intended Injury
Bodily injury” or “property damage” expected or intended from the standpoint of the insured. This exclusion
does not apply to “bodily injury” or “property damage” resulting from the use of reasonable force to protect
persons or property.
D. BROADENED FIRE, LIGHTNING, EXPLOSION AND SPRINKLER LEAKAGE
1. Paragraph 6. under Section III - Limits Of Insurance is deleted and replaced with the following:
6. Subject to 5. above, the Damage to Premises Rented to You Limit is the most we will pay under
Coverage A for damages because of “property damage” to:
a. Any one premises while rented to you, or in the case of damage by fire, while rented to you or
temporarily occupied by you with permission of the owner; and
b. Personal property of others in your care, custody, or control, while at premises rented to you or in
the case of damage by fire, while rented to you or temporarily occupied by you with permission of
the owner, arising out of any one fire, lightning, explosion, or sprinkler leakage occurrence.
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Page 3 of 8
The Damage to Premises Rented to You Limit is the greater of:
c. $500,000; or
d. The amount shown in the Declarations for Damage to Premises Rented to You Limit.
2. Paragraph 2. Exclusions of Coverage A - Bodily Injury and Property Damage Liability is amended as
follows:
Paragraphs c. through n., do not apply to damage by fire, lightning, explosion, or sprinkler leakage to
premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit
of insurance applies to this coverage as described in Section III - Limits Of Insurance.
3. Paragraph 4. Other Insurance of Section IV - Commercial General Liability Conditions is amended as
follows:
Paragraph b.(1)(a)(ii) is deleted and replaced with the following:
ii) That is Fire, Lightning, Explosion, or Sprinkler Leakage insurance for premises rented to you or
temporarily occupied by you with permission of the owner; or
4. Paragraph 9.a. under Section V - Definitions is deleted and replaced with the following:
a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that
indemnifies any person or organization for damage by fire, lightning, explosion or sprinkler leakage to
premises while rented to you or temporarily occupied by you with permission of the owner is not an
insured contract”;
5. This Broadened Coverage is subject to all the terms of Section III - Limits Of Insurance.
6. This Broadened Coverage does not apply if Fire Damage Liability of COVERAGE A (SECTION I) is
excluded either by the Declaration to this Coverage Part or by an endorsement to this Coverage Part.
E. BROADENED MEDICAL PAYMENTS
1. The following provision is added to Paragraph 2. of Section III - Limits Of Insurance:
The Medical Expense Limit shall be the greater of:
a. $20,000; or
b. The amount shown in the Declarations for Medical Expense Limit.
2. This Medical Expense Limit is subject to all the terms of Section III - Limits Of Insurance.
3. This above Medical Expense Limit does not apply if Coverage C - Medical Payments is excluded either
by the Declaration to this Coverage Part or by an endorsement to this Coverage Part.
F. BROADENED SUPPLEMENTARY PAYMENTS
Paragraphs 1.b. and 1.d. under Supplementary Payments - Coverages A and B are deleted and replaced
with the following:
b. Up to $1,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use
of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds.
d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense
of the claim or “suit,” including actual loss of earni ngs up to $500 a day because of time off from work.
G. BROADENED NEWLY ACQUIRED OR FORMED ORGANIZATION
Paragraph 3.a under Section II - Who Is An Insured is deleted and replaced by the following:
a. Coverage under this provision is afforded only until the 120 th day after you acquire or form the organization
or the end of the policy period, whichever is earlier.
H. BROADENED NON-OWNED OR CHARTERED WATERCRAFT OR AIRCRAFT
Exclusion 2.g. under Coverage A - Bodily Injury and Property Damage Liability is deleted and replaced by
the following:
g. “Bodily injury” or “property damage” arising out of the ownership, maintenance, use, or entrustment to
others of any aircraft, “auto,” or watercraft owned by or operated by, or rented or loaned to, any insured.
Use includes operation and “loading or unloading”.
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CG 83 91 12 19
This exclusion does not apply to:
1) A watercraft while ashore on premises you own or rent;
2) A watercraft you do not own that is:
a) Less than 51 feet long; and
b) Not being used to carry persons or property for a charge;
3) Parking an “auto” on, or on the ways next to premises you own or rent, provided the “auto” is not
owned by or rented, or loaned to you or the insured;
4) Liability assumed under any “insured contract” for the ownership, maintenance, or use of aircraft,
watercraft, or “autos”; or
5) “Bodily injury” or “property damage” arising out of the operation of any of the equipment listed in
Paragraph f. (2) or f. (3) of Section V - Definitions, Paragraph 12., “Mobile Equipment”; or
6) An aircraft you do not own that is:
a) Hired, chartered, or loaned with a crew; and
b) Not owned in whole or in part by any insured.
7) This insurance does not apply, under Paragraph g.(1) and g.(2) above, if the insured has any other
insurance for “bodily injury” or “property damage” which would also apply to loss covered under this
provision, whether the other insurance is primary, excess, contingent, or on any other basis.
8) This insurance is excess, under Paragraph g.(6) above, over any other insurance, whether the other
insurance is primary, excess, contingent or on any other basis.
I. BROADENED COMMERCIAL GENERAL LIABILITY CONDITIONS
1. Paragraph 2. Duties in The Event Of Occurrence, Offense, Claims Or Suit under Section IV -
Commercial General Liability Conditions is amended to add the following provision:
e. Your obligation to notify us as soon as practicable of an “occurrence,” or offense under Paragraph 2.a.
above, or a claim or “suit” or offense under Paragraphs 2.a., 2.b., and 2.c above, is satisfied if you
send us written notice as soon as practicable after any of your “executive officers,” directors, partners,
insurance managers, or legal representatives becomes aware of, or should have become aware of,
such “occurrence,” offense, claim or “suit.”
2. The following provisions are added to Section IV - Commercial General Liability Conditions:
10. Liberalization
If we adopt any revision that would broaden the coverage under this coverage part without additional
premium within 30 days prior to or during the policy period, the broadened coverage will immediately apply
to this coverage part.
11. Notice To Company
If you report an “occurrence” or offense to your Workers’ Compensation insurer which later becomes a
claim under this Coverage Part, failure to report such “occurrence” or offense to us at the time of the
occurrence” or offense will not be considered a violation of the Duties In The Event Of Occurrence,
Offense, Claim Or Suit Condition, if you notify us as soon as practicable when you become aware
that the “occurrence” or offense has become a liability claim.
J. AUTOMATIC COVERAGE FOR SPECIAL EVENTS
1. You are automatically covered for all “special events” which you organize, promote, administer, sponsor, or
conduct during the term of this policy.
2. Section V - Definitions is amended to add the following paragraph:
23. “Special Event” means any event:
a. The purpose of which is to raise funds for you; or
b. To recognize the accomplishments of your organization, your “employees,” or your “volunteer
workers”; or
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Page 5 of 8
c. Which you, or an individual or organization with whom you have entered into a contract or agreement,
organize, promote, administer, sponsor, or conduct for the purposes described in Paragraphs a. or b.
above; and
d. Which takes place on premises owned by you, or on premises while rented or leased to you or to
that organization described in Paragraph c. above.
K. AUTOMATIC ADDITIONAL INSURED(S)
The following provisions are added to Section II - Who Is An Insured:
4. Automatic Additional Insured(s)
a. Additional Insureds - Athletic Activity Participants
1) This policy is amended to include as an insured any person(s) [hereinafter called Additional
Insured(s)] representing you while participating in amateur athletic activities that you sponsor.
However, no such person is an insured for:
a) “Medical expenses” under Coverage C - Medical Payments.
b) “Bodily Injury” to:
i) Aco-participant, your “volunteer worker” or your “employee” while participating in amateur
athletic activities that you sponsor; or
ii) You, or any partner or member, (if you are a partnership or joint venture), or any member (if
you are a limited liability company); or
c) “Property damage” to property owned by, occupied or used by, rented to , in the care, custody,
or control of, or over which physical control is being exercised for any purpose by:
i) Aco-participant, your “volunteer worker”, or your “employee”; or
ii) You, or any partner or member, (if you are a partnership or joint venture), or any member (if
you are a limited liability company).
b. Additional Insured - Contractual Obligations
1) This policy is amended to include as an insured any person or organization (hereinafter called
Additional Insured) that you are required by a written “insured contract” to include as an insured,
subject to all of the following provisions:
a) Coverage is limited to liability arising out of:
1) Your ongoing operations performed for such Additional Insured; or
2) Such Additional Insured’s financial control of you; or
3) The maintenance, operation or use by you of equipment leased to you by such Additional
Insured; or
4) A permit issued to you by a state or political subdivision.
b) Coverage does not apply to any “occurrence” or offense:
i) Which took place before the execution of, or subsequent to the completion or expiration of,
the written “insured contract”; or
ii) Which takes place after you cease to be a tenant in that premises.
c) With respect to architects, engineers, or surveyors, coverage does not apply to “Bodily Injury,”
Property Damage,” “Personal Injury,” or “Advertising Injury” arising out of the rendering or the
failure to render any professional services by or for you including:
i) The preparing, approving, or failing to approve or prepare maps, drawings, opinions,
reports, surveys, change orders, designs or specifications; and
ii) Supervisory, inspection, or engineering services.
d) Coverage provided herein shall be considered excess over any other valid and collectible
insurance available to the Additional Insured whether that other insurance is primary, excess,
contingent, or on any other basis unless a written contractual arrangement specifically requires
this insurance to be primary.
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e) In the event that you are engaged in the manufacture or assembly of any goods or products
for the benefit or at the direction of another party, pursuant to a contract or agreement with
that party, this paragraph (e). does not extend coverage to that party as an Additional Insured.
Coverage for such a party will be extended only by a specific endorsement issued by us and
naming such party.
c. Additional Insured - Funding Sources
1) This policy is amended to include as an insured any Funding Source (hereinafter called Additional
Insured) which requires you in a written contract to name such Additional Insured but only with
respect to liability arising out of your premises or “your work” for such Additional Insured, and only
to the extent set forth as follows:
a) The Limits of Insurance applicable to the Additional Insured are the lesser of those specified in
the written contract or agreement or in the Declarations for this policy and subject to all the
terms, conditions and exclusions for this policy. The Limits of Insurance applicable to the
Additional Insured are inclusive of, and not in addition to, the Limits of Insurance shown in the
Declarations.
b) The coverage provided to the Additional Insured is not greater than that customarily provided
by the policy forms specified in and required by the contract.
c) In no event shall the coverages or Limits of Insurance in this Coverage Form be increased by
such contract.
d) Coverage provided herein shall be considered excess over any other valid and collectible
insurance available to the Additional Insured whether that other insurance is primary, excess,
contingent, or on any other basis unless a written contractual arrangement specifically requires
this insurance to be primary.
d. Additional Insured - Manager or Lessor of Premises
1) This policy is amended to include as an insured any person or organization (hereinafter called
Additional Insured) from whom you lease or rent your premises and which requires you to add such
person or organization as an Additional Insured in this policy under:
a) A written contract; or
b) An oral agreement or contract where a Certificate of Insurance has been issued showing that
person or organization as an Additional Insured;
but only if the written or oral agreement is an “insured contract”;
a) Currently in effect or to become effective during the term of this policy; and
b) Executed prior to the “bodily injury,” “property damage,” “personal injury”, or “advertising
injury.”
2) With respect to the insurance afforded the Additional Insured identified in Paragraph d.(1)
immediately above, the following additional provisions apply:
a) This insurance applies only to liability arising out of the ownership, maintenance, or use of that
portion of the premises leased to you;
b) The Limits of Insurance applicable to the Additional Insured are the lesser of those specified in
the written contract or agreement or in the Declarations for this policy and subject to all this
policy’s terms, conditions, and exclusions. The Limits of Insurance applicable to the Additional
Insured are inclusive of, not in addition to, the Limits of Insurance shown in the Declarations.
c) In no event shall the coverages or Limits of Insurance in this Coverage Part be increased by
such contract or agreement.
d) Coverage provided herein shall be considered excess over any other valid and collectible
insurance available to the Additional Insured whether that other insurance is primary, excess,
contingent, or on any other basis unless a written contractual arrangement specifically requires
this insurance to be primary.
3) This insurance does not apply to:
a) Any “occurrence” or offense which takes place after you cease to be a tenant in the premises
covered by this endorsement; or
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Page 7 of 8
b) Structural alterations, new construction, or demolition operations performed by or on behalf of
the Additional Insured.
e. Additional Insured - Owner, Manager, Operator or Lessor of “Special Events” Premises
1) This policy is amended to include as an insured any person or organization (hereinafter called
Additional Insured) from whom you lease, rent or occupy the premises upon which a “special event”
is held, sponsored or conducted by you, or on your behalf, under:
a) A written contract; or
b) An oral agreement or contract where a Certificate of Insurance has been issued showing that
person or organization as an Additional Insured; but only if the written or oral agreement is an
insured contract,”
i) Currently in effect or to become effective during the term of this policy; and
ii) Executed prior to the “bodily injury”, “property damage” or “personal and advertising injury”.
2) With respect to the insurance afforded the Additional Insured identified in Paragraph e. (1) of this
endorsement, the following additional provisions apply:
a) This insurance applies only to liability arising out of the use of that portion of the premises while
leased or rented to you for the specific “special event”;
b) The Limits of Insurance applicable to the Additional Insured are the lesser of those specified in
the contract or agreement pertaining to the use of the premises or in the Declarations for this
policy and subject to all of this policy’s terms, conditions, and exclusions. The Limits of
Insurance applicable to the Additional Insured are inclusive of, not in addition to, the Limits of
Insurance shown in the Declarations.
c) In no event shall the coverage or Limits of Insurance in this Coverage Form be increased by
such contract or agreement.
d) Coverage provided herein shall be considered excess over any other valid and collectible
insurance available to the Additional Insured whether that other insurance is primary, excess,
contingent, or on any other basis unless a written contractual arrangement specifically requires
this insurance to be primary.
3) This insurance does not apply to:
a) Any “occurrence” or offense which takes place after you cease to be a tenant, licensee or
occupant in the premises covered by this endorsement; or
b) Any acts or “occurrences” caused by or attributable to the owner, manager, operator, or lessor
of the premises upon which the “special event” is held.
f. Additional Insured - Supervisors or Higher in Rank
1) This policy is amended to include as insured any “employees” (hereinafter called Additional
Insured), designated as supervisor or higher in rank, who are authorized by you to exercise direct or
indirect supervision and control over “employees” and the manner in which work is performed, but
only for acts within the scope of their employment by you or while performing duties related to the
conduct of your business. However, none of these “employees” designated as supervisor or higher
in rank, is an insured for:
a) “Bodily injury” or “personal injury”:
i) To you, to your partners or members (if you are a partnership or joint venture), or to your
members (if you are a limited liability company);
ii) For which there is any obligation to share damages with or repay someone else who must
pay damages because of the injury described in paragraph (a)(i) above; or
iii) Arising out of his or her providing or failing to provide professional health care services.
b) “Personal Injury”:
i) To a co-“employee” while in the course of his or her employment;
ii) To the spouse, child, parent, brother or sister of that co-“employee” as a consequence of
Paragraph (b)(i) above; or
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CG 83 91 12 19
iii) For which there is any obligation to share damages with or repay someone else who must
pay damages because of the injury described in Paragraph (b)(i) or (b)(ii) above.
c) “Property damage” to property:
i) Owned, occupied or used by; or
ii) Rented to, in the care, custody, or control of, or over which physical control is being
exercised for any purpose by you, any of your “employees,” any partner, or member (if you
are a partnership or joint venture), or any member (if you are a limited liability company).
g. Additional Insured - LIMITATIONS
1) The persons, entities, or organizations to which coverage is extended under Paragraphs a.
Athletic Activity Participants), b. (Contractual Obligations), c. (Funding Sources), d. (Managers or
Lessors of Premises), and e. (Owner, Manager, Operator, or Lessor of “Special Events” Premises)
are Additional Insureds, but only:
a) With respect to each Additional Insured’s vicarious liability for “actual damages” solely caused
by you or by “your work” that is ongoing for such Additional Insured’s supervision of “your
work”; and
b) If the Additional Insured did not cause or contribute to the “occurrence” or act resulting in
liability.
2) If an endorsement is attached to this policy and specifically names a person or organization as an
Additional Insured, then the coverage extended under this paragraph 4. AUTOMATIC ADDITIONAL
INSURED(S) does not apply to that person, entity, or organization.
3) The following is added to Section V - Definitions:
24. “Actual Damages” is to have its usual and customary legal meaning and excludes without
limitation, punitive damages, restitution, penalties, and formula damages added to “actual
damages” and any other enhanced damages.
4) All other terms and conditions of this Coverage Part which are not inconsistent with this Paragraph
h. apply to coverage extended to the above referenced Additional Insureds REGARDLESS OF
WHETHER OR NOT A COPY OF THIS COVERAGE PART AND/OR ITS ENDORSEMENTS ARE
DELIVERED TO AN ADDITIONAL INSURED.
L. BLANKET WAIVER OF SUBROGATION
Paragraph 8. under Section IV - Commercial General Liability Conditions is deleted and replaced with the
following:
8. Transfer of Rights Of Recovery Against Others To Us And Blanket Waiver Of Subrogation
a. If an insured has rights to recover all or part of any payment we have made under this Coverage Part,
those rights are transferred to us. The insured must do nothing after loss to impair them. At our
request, the insured will bring “suit” or transfer those rights to us and help us enforce them.
b. If required by written “insured contract,” we waive any right of recovery we may have against any person
or organization because of payments we make for injury or damage arising out of your ongoing
operations or “your work” done under a contract for that person or organization and included in the
products-completed operations hazard.”
M. PRIORITY OF APPLICATION FOR MULTIPLE INSUREDS
Section III - Limits Of Insurance is amended to add the following paragraph:
8. In the event a claim or “suit” is brought against more than one insured, due to “bodily injury” or “property
damage” from the same “occurrence,” or “personal injury,” or “advertising injury,” from the same offense,
we will apply the Limits of Insurance in the following order:
a. You;
b. Your “executive officers,” directors, “employees,” and
c. Any other insureds in any order that we choose.
ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED.
BUSINESS AUTO BROADENING ENDORSEMENT
CA 83 40 12 14 Page 1 of 5
Includes copyrighted material of Insurance Services Inc. used with its permission.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies and is subject to the insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
The following is only a summary of the additional coverages provided by this endorsement and is provided only
for your reference and convenience. For the Limits of Insurance and the additional coverages provided by this
endorsement, read the provisions on the following pages and the Coverage Form, which this endorsement
modifies. The deductibles specified on your “auto” declarations page are applicable to these coverages unless a
different deductible is indicated.
If one or more of these coverages is provided by a specific endorsement, then the specific endorsement will
apply.
SUBJECTS OF INSURANCE
Who Is An Insured
1. Broad Form Named Insured
2. Employees As Insureds
3. Volunteers As Insureds
4. Employee Hired Auto
Broadened Liability Supplementary Payments
1. Bail Bonds - $3,000
2. Reasonable Expenses Incurred - $300 per day
Physical Damage Coverage Amendments
1. Towing
2. Coverage Extensions
a) Transportation Expenses
b) Loss of Use Expenses
c) Auto Loan/Lease Gap Coverage
d) Personal Property Coverage
e) Airbag Discharge
3. Hired Car Physical Damage
4. Rental Reimbursement Coverage
5. Audio, Visual and Data Electronic Equipment
6. Deductible Amendments
a) 2 or more Autos
b) Glass Deductible
Business Auto Conditions Amendments
1. Knowledge of Occurrence
2. Blanket Waiver of Subrogation
General Condition Amendment
Unintentional Errors and Omissions
The coverages listed in this endorsement are provided as extensions or additions to your insurance
program.
BUSINESS AUTO BROADENING ENDORSEMENT
CA 83 40 12 14 Page 2 of 5
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1. Broad Form Named Insured
The following is added to Section II – Liability
Coverage, Paragraph A. 1. Who Is An Insured
provision:
d. Any organization you newly acquire or form,
other than a partnership, joint venture or
limited liability company, and over which you
maintain ownership or majority interest, will
qualify as a Named Insured if there is no
other similar insurance available to that
organization. However:
Coverage under this provision is afforded
only until the 180th day after you acquire or
form the organization or the end of the policy
period, whichever is earlier.
e. Your Board Members (or their spouses) are
an “insured” while operating an “auto” hired
or rented under a contract or agreement in
that Board Member’s or spouses name, with
your permission, while performing duties
related to the conduct of your business.
2. Employees As Insureds
The following is added to Section II – Liability
Coverage, Paragraph A. 1. Who Is An Insured
provision:
f. Any “employee” of yours is an “insured”
while using a covered “auto” you don’t own,
hire or borrow while performing duties
related to the conduct of your business.
3. Volunteers As Insureds
The following is added to Section II – Liability
Coverage, Paragraph A. 1. Who Is An Insured
provision:
g. Anyone volunteering services to you is an
insured” while using a covered “auto” you
don’t own, hire or borrow to transport your
clients or other persons in activities
necessary to your business. Anyone else
who furnishes that “auto” is also an
insured”.
4. Employee As Insured
The following is added to Section II – Liability
Coverage, Paragraph A. 1. Who Is An Insured
provision:
h. An “employee” of yours is an “insured” while
operating an “auto” hired or rented under a
contract or agreement in that “employee’s”
name, with your permission, while
performing duties related to the conduct of
your business.
5. Broadened Liability Supplementary
Payments
The following replaces Section II – Liability
Coverage, Paragraph A.2. Coverage
Extensions, a. Supplementary Payments (2) and
4):
2) Up to $3000 for cost of bail bonds (including
bonds for related traffic law violations)
required because of an “accident” we cover.
We do not have to furnish these bonds.
4) All reasonable expenses incurred by the
insured” at our request, including actual
loss” of earnings up to $300 a day because
of time off from work.
6. Towing
The following replaces Section III – Physical
Damage Coverage, A. Coverage, Paragraph 2.
Towing:
We will pay up to $ 75 for towing and labor costs
incurred each time a covered “auto” is disabled.
However, the labor must be performed at the
place of disablement.
No deductible applies to this coverage.
7. Transportation Expenses
The following replaces Section III – Physical
Damage Coverage, 4. Coverage Extensions, a.
Transportation Expenses:
We will pay up to $50 per day to a maximum of
1500 for temporary transportation expense
incurred by you because of the total theft of a
covered “auto” of the private passenger type.
We will pay only for those covered “autos” for
which you carry either Comprehensive or
Specified Causes of Loss Coverage. We will
pay for temporary transportation expenses
incurred during the policy period and ending,
regardless of the policy’s expiration, when the
covered “auto” is returned to use or we pay for
its “loss”.
BUSINESS AUTO BROADENING ENDORSEMENT
CA 83 40 12 14 Page 3 of 5
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8. Loss Of Use Expenses
The following replaces Section III – Physical
Damage Coverage, A. Coverage, 4. Coverage
Extensions, b. Loss of Use Expenses:
For Hired Auto Physical Damage, we will pay
expense for which an “insured” becomes legally
responsible to pay for “loss” of use of a vehicle
rented or hired without a driver, under a written
rental contract or agreement. We will pay for
loss” of use expenses if caused by:
1) Other than collision only if the Declarations
indicate that Comprehensive Coverage is
provided for any covered “auto”;
2) Specified Causes Of Loss only if the
Declarations indicate that Specified Causes
Of Loss Coverage is provided for any
covered “auto”; or
3) Collision only if the Declarations indicate that
Collision Coverage is provided for any
covered “auto”.
However, the most we will pay for any expenses
for loss of use is $80 per day, to a maximum of
800.
9. Auto Loan/Lease Gap Coverage
The following is added to the Section III –
Physical Damage Coverage, Paragraph 4.
Coverage Extensions:
c. Auto Loan/Lease Gap Coverage
In the event of a total “loss” to a covered
auto” shown in the Schedule or
Declarations, we will pay any unpaid amount
due on the lease or loan for a covered
auto”, less:
1) The amount paid under the Physical
Damage Coverage Section of the
policy; and
2) Any:
a) Overdue lease/loan payments at the
time of the “loss”;
b) Financial penalties imposed under a
lease;
c) Security deposits not returned by
the lessor;
d) Costs for extended warranties,
Credit Life Insurance, Health,
Accident or Disability Insurance
purchased with the loan or lease;
and
e) Carry-over balances from previous
loans or leases.
10. Personal Property Coverage
The following is added to Section III – Physical
Damage Coverage, A. Coverage, 4. Coverage
Extensions.
d. Personal Property Coverage
We will pay up to $500 for loss to any
personal property which is:
1) owned by an “insured”; and
2) in or on your covered “auto”.
This coverage is applicable only in the event
of a total theft of a covered “auto”.
No deductible applies to this coverage.
11. Airbag Discharge
The following is added to Section III – Physical
Damage Coverage, A. Coverage, 4. Coverage
Extensions.
e. Airbag Discharge
If there is an accidental discharge of an
airbag in your covered “auto”, we will pay to
have the airbag replaced. This extension is
excess over any other collectible insurance
or warranty.
No deductible applies to this coverage.
12. Hired Car Physical Damage
If this policy provides Comprehensive, Specified
Causes of Loss or Collision Coverage, that
coverage may be extended to hired “autos”.
The coverage available to a hired “auto” will be
equal to the broadest coverage shown on the
Declarations available to any covered “auto”.
The most we will pay for any one “accident” or
loss” is:
BUSINESS AUTO BROADENING ENDORSEMENT
CA 83 40 12 14 Page 4 of 5
Includes copyrighted material of Insurance Services Inc. used with its permission.
1) $40,000; or
2) The actual cash value or cost of repair of the
damaged or stolen property.
Paragraph 5.b. of the Other Insurance Condition
in the Business Auto Coverage Form is replaced
by the following:
b. For Hired Auto Physical Damage Coverage,
the following are deemed to be covered
autos” you own:
1) Any covered “auto” you lease, hire, rent
or borrow; and
2) Any covered “auto” hired or rented by
your “employee” under a contract in that
individual “employee’s” name, with your
permission, while performing duties
related to the conduct of your business.
3) Any covered “auto” hired or rented by
your Board Members (or their spouses)
under a contract in that individual Board
Member’s (or spouses’) name, with
your permission, while performing duties
related to the conduct of your business.
However, any “auto” that is leased, hired,
rented or borrowed with a driver is not a
covered auto.
13. Rental Reimbursement Coverage
a. We will pay for rental reimbursement
expenses incurred by you for the rental of an
auto because of “loss” to a covered “auto”.
Payment applies in addition to the otherwise
applicable amount of each coverage you
have on a covered “auto”. No deductibles
apply to this coverage.
b. We will pay only for those expenses incurred
during the policy period and ending,
regardless of the policy’s expiration, with the
lesser of the following number of days.
1) The number of days reasonably
required to repair or replace the covered
auto”. If loss is caused by theft, this
number of days is added to the number
of days it takes to locate the covered
auto” and return it to you.
2) 30 days.
c. Our payment is limited to the lesser of the
following amounts:
1) Necessary and actual expenses
incurred.
2) $50 per day.
d. This coverage does not apply while there
are spare or reserve autos available to you
for your operations.
e. If “loss” results from the total theft of a
covered “auto” of the private passenger
type, we will pay under this coverage only
that amount of your rental reimbursement
expenses which is not already provided for
under Section III – Physical Damage
Coverage, 4. Coverage Extensions, a.
Transportation Expenses.
14. Audio, Visual And Data Electronic Equipment
We will pay with respect to a covered “auto” for
loss” to any electronic equipment that receives
or transmits audio, visual or data signals and
that is not designed solely for the reproduction of
sound. This coverage applies only if the
equipment is permanently installed in the
covered auto at the time of the loss or the
equipment is removable from a housing unit
which is permanently installed in the covered
auto” at the time of the “loss”, and such
equipment is designed to be solely operated by
use of the power from the “auto” electrical
system, in or upon the covered “auto”.
The most we will pay for “loss” to audio, visual or
data electronic equipment as a result of any one
accident” is the lessor of:
a. The actual cash value of the damaged or
stolen property as of the time of the “loss”;
b. The cost of repairing or replacing the
damaged or stolen property with other
property of like kind and quality; or
c. $400.
This coverage does not apply if there is other
coverage provided under this policy for the
above described audio, visual and data
electronic equipment. We will pay any
deductible, up to $400, that is applicable to the
other coverage.
BUSINESS AUTO BROADENING ENDORSEMENT
THIS ENDORSEMENT MUST BE ATTACHED TO A CHANGE ENDORSEMENT WHEN ISSUED AFTER THE
POLICY IS WRITTEN.
CA 83 40 12 14 Page 5 of 5
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No deductible applies to this coverage.
15. Deductible Amendment
The following is added to Section III – Physical
Damage Coverage, A. Coverage, Paragraph D.
Deductible.
In the event that a “loss” from one “accident”
involves two or more covered “autos”, only the
largest applicable deductible for
Comprehensive, Specified Causes Of Loss, or
Collision coverage will apply. This provision
applies only to those “autos” designated in the
Schedule or Declarations to have
Comprehensive, Specified Causes Of Loss, or
Collision coverage.
16. Glass Deductible
The following is added to Section III – Physical
Damage Coverage, Paragraph D. Deductible.
No deductible applies to “loss” to glass used in
the windshield, doors or windows of a covered
auto”.
17. Knowledge Of Occurrence
The following replaces Section IV – Business
Auto Conditions, A. Loss Conditions, 2. Duties In
The Event Of Accident, Claim, Suit Or Loss, a.
a. In the event of “accident”, “claim”, “suit” or
loss”, you must give us or our authorized
representative prompt notice of the
accident” or “loss”. Include:
1) How, when and where the “accident” or
loss” occurred;
2) The “insured’s” name and address; and
3) To the extent possible, the names and
addresses of any injured persons and
witnesses.
Your obligation to provide prompt notice to
us is satisfied if you send us notice as soon
as practicable after:
1) You, if you are an individual;
2) A partner, if you are a partnership;
3) An executive officer or insurance
manager, if you are a corporation;
4) Your members, managers or insurance
manager, if you are a limited liability
company;
5) Your elected or appointed officials,
trustees, board members, or your
insurance manager, if you are an
organization other than a partnership,
joint venture, or limited liability company;
becomes aware of, or should have become
aware of such “accident”, “claim”, “suit” or
loss”.
18. Blanket Waiver Of Subrogation
The following is added to Section IV – Business
Auto Conditions, A. Loss Conditions.
6. If required by written insured contract, we
waive any right of recovery we may have
against any person or organization because
of payments we make for “bodily injury” or
property damage” caused by an “accident”
and resulting from the ownership,
maintenance or use of a covered “auto”.
19. Unintentional Errors And Omissions
The following is added to Section IV – Business
Auto Conditions, B. General Condition, 2.
Concealment, Misrepresentation Or Fraud.
However, if you should unintentionally
misrepresent or conceal information to us at any
time, we will not deny coverage under this policy
based on this unintentional error or omission.
This provision does not affect our right to cancel
or non-renew your coverage or collect additional
premium for any added exposures.
This page has been left blank intentionally.
KITSAP HUMANE SOCIETY
ANIMAL CONTROL CONTRACT
REPORT FOR YEARS 2017, 2018, 2019
TO CITY OF BREMERTON
Prepared by Eric Stevens, KHS Executive Director
May 29, 2020
EXECUTIVE SUMMARY
This report covers Animal Control data for the City of Bremerton for the past 5 from 2015 through 2019. This format shows two
distinct categories of data. Section A reports on data pertaining to KHS’ Animal Control services funded under our Animal Control
contract. Section B reports on animal welfare data from KHS’ animal shelter. Kitsap Humane Society’s animal shelter services are not
covered by the Public Records Act. However, we provide this information to add perspective on the positive impact of our overall
animal welfare services in each jurisdiction. We also hope that the 5-year longitudinal data is illuminating as well.
I. ANIMAL CONTROL DATA REPORT for: CITY OF BREMERTON
DATA CATEGORY
2019 DATA
12-MONTHS
% Change
from Prior
Year
2018 DATA
12-MONTHS
2017 DATA
12-MONTHS
2016 DATA
12-MONTHS
2015 DATA
12-MONTHS
A. ANIMAL CONTROL CONTRACT DATA:
Animal Control complaints - unduplicated 818 +32% 618 714 509 468
PDA Cases 8 +60% 5 2 1 N/A
Stray animals 513 -8% 560 694 492 519
Lost pets reclaimed (redeemed) 137 +25% 110 135 110 101
Pet licenses issued - Bremerton residents 1,070 +17% 914 1033 999 820
Deceased animals picked up 15 +10% 19 11 19 11
B. NON-ANIMAL CONTROL DATA i.e.
KHS ANIMAL WELFARE DATA
Surrendered animals 43 +19% 36 84 100 26
Animals adopted to Bremerton residents 667 +17% 569 564 598 529
Requests for euthanasia 3 -62% 8 21 32 1
II. ANALYSIS/HIGHLIGHTS
• Animal Control Cases: KHS Animal Control investigated 818 animal control complaints in the City of Bremerton in 2019, an
increase of 32% over 2018 (which was down from 2017, and 75% higher than 2015. We saw increases of this size in Animal
Control cases investigated across all of Kitsap County, not just Bremerton. We believe this reflects a combination of increased
public confidence and trust in Animal Control, and a strong work ethic and efficiency from our Animal Control team.
• PDA’s issued: 8 PDA’s were issued in the City of Bremerton in 2019, a jump of 60% over 2018, and four times the number of
PDA’s issued in 2017. We believe this trend reflects thorough and effective investigations of dog aggression cases by our Animal
Control team across all jurisdictions.
• Stray animals: We saw a modest decline in stray animals for the second year in a row, with an 8% reduction in 2019. This was
consistent across all jurisdictions. We have no explanation for this drop. However, despite the decline in strays, we saw a
significant jump in the number of lost pets reclaimed by owners – which is a good thing.
• Pet licensing: We issued 1,070 licenses to owners of pets from the City of Bremerton in 2019, a 17% increase over 2018, which
was somewhat consistent with the increase in pets adopted to Bremerton residents.
III. FINANCIAL REPORT SUMMARY:
• Our overall deficit for Animal Control services in 2019 was ($79,526). The allocation shows that the City of Bremerton’s prorated
share of that deficit was ($41,199). For 2020, we negotiated higher rate increases on our Animal Control contracts with several
other jurisdictions, including Kitsap County, due to the need to hire additional staff to support the increased caseload and the
significant minimum wage hike in 2020, which pushed up wages for all our hourly employees.
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: October 14, 2020
Contract with Apply-A-Line, LLC for
2020 Pavement Markings Project
COUNCIL MEETING Date: October 21, 2020
Department: Engineering
Presenter: Shane Weber
Phone: (360) 473-2354
SUMMARY: The City bid the project using the MRSC Small Publics Works Roster, opening bids on
October 2nd, 2020 and two bids were received. Apply-A-Line, LLC is the lowest, responsive
responsible bidder with their bid of $113,700.00, including sales tax. The project refreshes
reflectorized pavement markings (RPM’s) on Kitsap Way. The project also includes the installation of
channelization on recently chip sealed roadways, including Rickey Road, Pearl Street, Trenton
Avenue, Pitt Avenue, Winfield Avenue, 11th Street, 6th Street, Marion Avenue and Adele Avenue.
ATTACHMENTS: 1) Contract; 2) Bid Tabulation
FISCAL IMPACTS (Include Budgeted Amount): The project is budgeted at $200,000 in the 2020
Budget, with $30,000 from the Residential Streets Fund and $170,000 from the Street Fund.
STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to approve the Public Works Agreement with Apply-A-Line, LLC for the 2020 Pavement
Marking Project; 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
A6
City of Bremerton 233-1896-172
2020 Pavement Marking I-33 September 2020
Contract Documents Contract
CONTRACT
THIS AGREEMENT is entered into between the City of Bremerton, a Washington Municipal
Corporation (“City”), and (“Contractor”), whose
mailing address is .
The parties agree as follows:
1.CONTRACTOR SERVICES. The Contractor shall perform the following services for the City:
2.TIME OF COMPLETION. Contractor shall complete the work within calendar days
from the date of issuance of the City’s Notice to Proceed.
3.COMPENSATION. The City shall pay the Contractor the total amount of
$___________________________________. Applicable Washington State Retail Sales Tax
on this contract shall be governed by WAC 458-20-171 and its related rules for the work
contemplated in this agreement. The Contractor shall invoice the City monthly. The City will
pay for the portion of the work described in the invoice that has been completed by the
Contractor and approved by the City. The City payment shall not constitute a waiver of the
City’s right to final inspection and acceptance of the project.
A.Performance Bond. Pursuant to Chapter 39.08 RCW, the Contractor shall provide the
City a performance bond for the full contract amount to be in effect until thirty (30) days
after the date of final acceptance, or until receipt of all necessary releases from the State
Department of Revenue and the State Department of Labor and Industries and until
settlement of any liens filed under Chapter 60.28 RCW, whichever is later.
B.Not Used.
C.Defective or Unauthorized Work. The City reserves its right to withhold payment from
Contractor for any defective or unauthorized work. Defective or unauthorized work
includes, without limitation: work and materials that do not conform to the requirements
of this agreement; and extra work and materials furnished without the City’s written
approval. If Contractor is unable, for any reason, to satisfactorily complete any portion of
the work, the City may complete the work by contract or otherwise, and Contractor shall
be liable to the City for any additional costs incurred by the City. “Additional costs” shall
mean all reasonable costs, including legal costs and attorney fees, incurred by the City
beyond the maximum Contract price specified above. The City further reserves its right
to deduct the cost to complete the Contract work, including any Additional Costs, from any
and all amounts due or to become due the Contractor.
D.Final Payment: Waiver of Claims. THE MAKING OF FINAL PAYMENT (EXCLUDING
WITHHELD RETAINAGE) SHALL PRECLUDE ALL CLAIMS, EXCEPT THOSE
PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY CONTRACTOR AS
UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE.
Apply-A-Line LLC
175 Roy Road SW, Bldg C, Pacific, WA 98047
2020 Pavement Markings; City of Bremerton Project # 42223
113,700.00
28
City of Bremerton 233-1896-172
2020 Pavement Marking I-34 September 2020
Contract Documents Contract
4.INDEPENDENT CONTRACTOR. Contractor is and shall be at all times acting as an
independent contractor and not as an employee of the City. The Contractor shall secure at
its expense, and shall be responsible for all payments of income tax, social security, state
disability insurance compensation, unemployment compensation, and all other payroll
deductions for the Contractor, officer, agents, employees and sub-contractors. The
Contractor shall also secure all applicable business licenses, if required, in connection with
the contract services, including all required licenses for Contractor’s officers, agents,
employees and sub-contractors.
5.TERMINATION. The City may terminate this agreement for good cause. “Good cause” shall
include, without limitation, any one or more of the following events:
A.The Contractor’s refusal or failure to supply a sufficient number of properly skilled workers
or proper materials for completion of the Contract work.
B.The Contractor’s failure to complete the work within the time specified in this agreement.
C.The Contractor’s failure to make full and prompt payment to sub-contractors or for material
or labor.
D.The Contractor’s persistent disregard of federal, state or local laws, rules or regulations.
E.The Contractor’s filing for bankruptcy or becoming adjudged bankrupt.
If the City terminates this agreement for good cause, the Contractor shall not receive any
further monies due under this agreement until the Contract work is completed.
6.PREVAILING WAGES. Contractor shall file a “Statement of Intent to Pay Prevailing Wages”
with the State of Washington Department of Labor & Industries prior to commencing the
Contract work. Contractor shall pay prevailing wages and comply with Chapter 39.12 of the
Revised Code of Washington, as well as any other applicable prevailing wage rate provisions.
The latest prevailing wage rate revision issued by the Department of Labor and Industries is
attached.
7.CHANGES. The City may issue a written work change directive for any change in the Contract
work during the performance of this agreement. If the Contractor determines, for any reason,
that a change order is necessary, Contractor must submit a written change order request to
the City’s project manager within two (2) business days of the date the Contractor knew or
should have known of the facts and events giving rise to the requested change. If the City
determines that the change increases or decreases the Contractor’s costs or time for
performance, the City will make an equitable adjustment. The City will attempt, in good faith,
to reach agreement with the Contractor on all equitable adjustments. However, if the parties
are unable to agree, the City will determine the equitable adjustment as it deems appropriate.
The Contractor shall proceed with the change order work upon receiving a written work
change directive or change order from the City. If the Contractor fails to require a change
order within the time allowed, the Contractor waives its right to make any claim or submit
subsequent change order requests for that portion of the contract work. If the Contractor
disagrees with the equitable adjustment the Contractor must complete the change order work;
however, the Contractor may elect to protest the adjustment as provided below:
City of Bremerton 233-1896-172
2020 Pavement Marking I-35 September 2020
Contract Documents Contract
A.Procedure and Protest by the Contractor. If the Contractor disagrees with anything
required by a work change directive or change order, including any direction, instruction,
interpretation, or determination by the City, the Contractor shall:
1.Immediately give a signed written notice of protest to the City;
2.Supplement the written protest within fourteen (14) calendar days with a written
statement that provides the following information:
a.The date of the Contract’s protest.
b.The nature and circumstances that caused the protest.
c.The provisions in this agreement that support the protest.
d.The estimated dollar cost, if any, of the protested work and how that estimate was
determined.
e.An analysis of the progress schedule showing the schedule change or disruption
if the Contractor is asserting a schedule change or disruption.
The Contractor shall keep complete records of extra costs and time incurred as a result
of the protested work. The City shall have access to any of the Contractor’s records
needed for evaluating the protest.
3.The City will evaluate all protests, provided the procedures in this section are followed.
If the City determines that a protest is valid, the City will adjust payment for work or
time by an equitable adjustment. No adjustment will be made for an invalid protest.
B.Contractor’s Duty to Complete Protested Work. In spite of any protest, the Contractor
shall proceed promptly with the work as the City has ordered.
C.Contractor’s Acceptance of Changes. The Contractor accepts all requirements of a
change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting
in the way this section provides. A change order that is accepted by Contractor as
provided in this section shall constitute full payment and final settlement of all claims for
contract time and for direct, indirect and consequential costs, including costs of delays
related to any work, either covered or affected by the change.
D.Failure to Protest Constitutes Waiver. By not protesting as this section provides, the
Contractor also waives any additional entitlement and accepts from the City any written
order (including directions, instructions, interpretations, and determination).
E.Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of
this section, the Contractor completely waives any claims for protested work and accepts
form the City any written order (including directions, instructions, interpretations, and
determination).
8.CLAIMS. The Contractor shall give written notice to the City of all claims other than change
orders within fourteen (14) calendar days of the occurrence of the events giving rise to the
claims. Any claim for damages, additional payment for any reason, or extension of time,
whether under this agreement or otherwise, shall be conclusively deemed to have been
waived by the Contractor unless a timely written claim is made in strict accordance with the
applicable provisions of this agreement; or, if (and only if) no such provision is applicable,
City of Bremerton 233-1896-172
2020 Pavement Marking I-36 September 2020
Contract Documents Contract
unless that claim is set forth in detail in writing and received by the City within seven (7)
calendar days from the date Contractor knew, or should have known, of the facts giving rise
to the claim. At a minimum, a Contractor’s written claim must include the information set forth
regarding protests in Section 7.A.2.a.-e.
FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE
TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY
WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY
THAT DELAY.
Contractor must, in any event, file any claim or bring any suit arising from or connected with
this agreement within 120 calendar days from the date the contract work is complete.
9.WARRANTY. The Contractor shall correct all defects in workmanship and materials within
one year from the date of the City’s acceptance of the Contract work. When defects are
corrected, the warranty for that portion of the work shall extend for one year form the date
such correction is completed and accepted by the City. The Contractor shall begin to correct
any defects within seven (7) calendar days of its receipt of notice from the City of the defect.
If the Contractor does not accomplish the corrections within a reasonable time, the City may
complete the corrections and the Contractor shall pay all costs incurred by the City in order to
accomplish the correction.
10.INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its officer, officials,
employees, agents and volunteers harmless from any and all claims, injuries, damages,
losses or suits including all legal costs and attorney fees, arising out of or in connection with
the performance of this agreement, except for injuries and damages caused by the City’s sole
negligence.
The City’s inspection or acceptance of any of Contractor’s work when completed shall not be
grounds to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this agreement is subject to
RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons
or damages to property caused by or resulting from the concurrent negligence of the
Contractor and the City, its officials, employees, agents and volunteers, the Contractor’s
liability hereunder shall be only to the extent of the Contractor’s negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS
INDEMNIFICATION CONSTITUTES THE CONTRACTOR’S WAIVER OF IMMUNITY
UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSE OF
THIS INDEMNIFICATION. THE PARTIES ACKNOWLEDGE THAT THEY HAVE MUTUALLY
NEGOTIATED THIS WAIVER.
The provisions of this section shall survive the expiration or termination of this agreement.
11.INSURANCE. The Contractor shall procure and maintain for the duration of this agreement
insurance of the types and in the amounts described below against claims for injuries to
persons or damage to property which may arise from or in connection with the performance
of the work by the Contractor, its agents, representative, employees, sub-consultants or sub-
contractors.
City of Bremerton 233-1896-172
2020 Pavement Marking I-37 September 2020
Contract Documents Contract
Before beginning work on the project described in this agreement, the Contractor shall
provide a Certificate of Insurance evidencing:
A.Automobile Liability insurance with limits no less than $1,000,000 combined single limit
per accident for bodily injury and property damage; and
B.Commercial General Liability insurance written on an occurrence basis with limits no less
than $1,000,000 combined single limit per occurrence and $2,000,000 general aggregate
for personal injury, bodily injury and property damage. Coverage shall include but not be
limited to: blanket contractual; products/completed operations/broad form property
damage; explosion, collapse and underground (XCU); and
C.Excess Liability insurance with limits not less than $1,000,000 per occurrence and
aggregate; and
D.Workers Compensation insurance as statutorily required by the Industrial Insurance Act
of the State of Washington, Title 51, Revised Code of Washington and employer’s liability
with limits not less than $1,000,000.
Any payment of deductible or self-insured retention shall be the sole responsibility of the
Contractor.
The City, its officials, employees, agents and volunteers shall be named as an additional
insured on the insurance policy, as respects work performed by or on behalf of the
Contractor and a copy of the endorsement naming the City as additional insured shall be
attached to the Certificate of Insurance.
The Contractor’s insurance shall contain a clause stating that coverage shall apply
separately to each insured against whom claim is made or suit is brought, except with
respects to the limits of the insurer’s liability.
The Consultant’s insurance shall be primary and non-contributory insurance as respects
the City and shall contain a waiver of subrogation against the City for claims arising out of
any operations, liabilities and obligations to which coverage applies. It shall be an
affirmative obligation upon Consultant to advise the City’s Risk Manager by fax at (360)
473-5161, or by certified mail, return receipt requested to City of Bremerton, attn: Risk
Management, 345 6th Street, Suite 100, Bremerton, WA 98337 within two days of the
cancellation, suspension or substantive change of any insurance policy set out herein,
and failure to do so shall be construed to be a breach of this Agreement.
The City reserves the right to receive a certified copy of all the required insurance policies.
12.MISCELLANEOUS.
A.Equal Employment Opportunity Statement. In the hiring of employees for the performance
of work under this Agreement, the Contractor, its subcontractors, or any person acting on
behalf of Contractor shall not discriminate in any employment practice on the basis of age
(40+), sex, race, creed, color, national origin, sexual orientation/gender identity, marital
status, military status, or the presence of any physical, mental or sensory disability.
City of Bremerton 233-1896-172
2020 Pavement Marking I-38 September 2020
Contract Documents Contract
B.ADA Statement. The City of Bremerton does not discriminate on the basis of disability in
programs and activities, which it operates pursuant to the requirements of the Americans
with Disabilities Act of 1990, and ADA Amendments Act. This policy extends to both
employment and admission to participation in the programs, services and activities of the
City of Bremerton. Reasonable accommodation for employees or applicants for
employment will be provided.
C.Compliance with Laws. Contractor shall comply with all federal, state and local laws, rules
and regulations throughout every aspect in the performance of this agreement.
D.Work Performed at Contractor’s Risk. Contractor shall take all precautions necessary and
shall be responsible for the safety of its employees, agents, and subcontractors in the
performance of this agreement. All work shall be done at Contractor’s own risk, and
Contractor shall be responsible for any loss of or damage to materials, tools, or other
articles used or held for use in connection with the work.
E.Nonwaiver of Breach. The failure of the City to insist upon strict performance of any of
the terms and rights contained herein, or to exercise any option herein conferred in one
or more instances, shall not be constructed to be a waiver or relinquishment of those terms
and rights and they shall remain in full force and effect.
F.Governing Law. This agreement shall be governed and construed in accordance with the
laws of the State of Washington. If any dispute arises between the City and Contractor
under any of the provisions of this agreement, resolution of that dispute shall be available
only through the jurisdiction, venue and rules of the Kitsap County Superior Court, Kitsap
County, Washington.
G.Attorney’s Fees. To the extent not inconsistent with RCW 39.04.240, in any claim or
lawsuit for damages arising from the parties’ performance of this agreement, each party
shall be responsible for payment of its own legal costs and attorney’s fees incurred in
defending or bringing such claim or lawsuit; however, nothing in this subsection shall limit
the City’s right to indemnification under Section 10 of this agreement.
H.Written Notice. All communications regarding this agreement shall be sent to the parties
at the addresses listed on the signature page of this agreement, unless otherwise notified.
Any written notice shall become effective upon delivery, but in any event three (3) calendar
days after the date of mailing by registered or certified mail, and shall be deemed
sufficiently given if sent to the addressee at the address stated on this agreement.
I.Assignment. Any assignment of this agreement by the Contractor without the written
consent of the City shall be void.
J.Modification. No waiver, alteration, or modification of any of the provisions of this
agreement shall be binding unless in writing and signed by a duly authorized
representative of the City and Contractor.
K.Severability. If any one or more sections, sub-sections, or sentences of this agreement
are held to be unconstitutional or invalid, that decision shall not affect the validity of the
remaining portion of this agreement and the remainder shall remain in full force and effect.
City of Bremerton 233-1896-172
2020 Pavement Marking I-39 September 2020
Contract Documents Contract
L.Entire Agreement. The written provisions and terms of this agreement, together with any
attached Exhibits, supersede all prior verbal statements by any representative of the City,
and those statements shall not be construed as forming a part of or altering in any manner
this agreement. This agreement and any attached Exhibits contain the entire agreement
between the parties. Should any language in any Exhibit to this agreement conflict wit h
any language contained in this agreement, the terms of this agreement shall prevail.
IN WITNESS WHEREOF, the parties below have executed this agreement.
CONTRACTOR THE CITY OF BREMERTON
Print Name: Print Name:
Title: Title:
DATE DATE
Notices to be sent to: Notices to be sent to:
CONTRACTOR: CITY OF BREMERTON:
345 6th Street, Suite 100
Bremerton, WA 98337
(360)
(360) (facsimile)
APPROVED AS TO FORM:
Roger A. Lubovich
Bremerton City Attorney
ATTEST:
Angela Hoover, City Clerk
Greg Wheeler
Mayor
ATTN: Shane Weber, Engineering
473-2354 / (360) 900-9782
Apply-A-Line
ATTN:175 Roy Road SW Bldg C
Pacific, WA 98047
CITY OF BREMERTONBID TABULATIONBOND BASE BID + CONTINGENCY SALES TAX TOTALNAME OF BIDDEROPENED BY:10/2/2020TIME OPENED:2020 Pavement Marking; COB Project #422233:02PM Shane WeberShane WeberApply-A-Line, LLC Yes $ 113,700.00 N/A $ 113,700.00 Stripe Rite, Inc. Yes $ 126,535.00 N/A $ 126,535.00 BID TITLE:SECOND LOW BIDDERStripe Rite, Inc.THIRD LOW BIDDERN/ADATE OPENED:RECORDED BY: $ 128,300.00 ENGINEER ESTIMATE (INC SALES TAX)APPARENT LOW BIDDER Apply A Line, LLC SUMMARY
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: October 14, 2020
Purchase of Light Fixtures from Graybar
Services, Inc. for Downtown LED Lighting
Improvement
COUNCIL MEETING Date: October 21, 2020
Department: PW&U
Presenter: Tom Knuckey
Phone: (360) 473-2376
SUMMARY: The blue decorative streetlights downtown were initially installed with 100W High
Pressure Sodium (HPS) lamps, which are a type of High Intensity Discharge (HID) lamp. In 2014 the
City began converting the lights from HPS to Light Emitting Diode (LED) for improved energy
efficiency. The conversion consisted of removing the ballast in the fixtures and installing
replacement lamps. The City consulted with a vendor who recommended the replacement lamps to
install. The new LED lamps installed were initially 24W LED (150W HID equivalent), and later
upgraded at the intersections to 35W LED (175W HID equivalent). While the lumen output from the
new lamps exceeds the lumen output from the HPS lamps that were replaced, the amount of light
cast on the roadway was diminished due to the nature of how light from the new lamps reflects off
the existing fixtures. Replacement of the fixtures is necessary to restore lighting to previous levels
and is proposed to be completed over 5-years (78 in 2020, 50/year for 5 years). This initial purchase
of 78 LED fixtures will restore lighting at all pedestrian crossings to levels that exceed the lighting
from the original HPS lamps.
ATTACHMENTS: 1) Proposal from Grabar Services, Inc.; 2) Catalogue cut of new LED fixture;
3) Photo of LED Lamps
FISCAL IMPACTS (Include Budgeted Amount): The expenditure of $182,186 will be from the
Transportation Capital Fund. No budget adjustment is required.
STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to approve the purchase of light fixtures from Graybar Services, Inc., and authorize the Mayor
to finalize and execute the agreement with substantially the same terms and conditions as presented.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 01/02/2018
A7
1414 CENTER ST
TACOMA WA 98409-8211
Phone: 253-779-3617
Fax: 253-779-3605
To:CITY OF BREMERTON
100 OYSTER BAY AVE N
BREMERTON WA 98312-3455
Attn:Robby Charvat
Phone:360-478-5346
Fax:360-478-5360
Email:contact@graybar.com
Date:09/25/2020
Proj Name:
GB Project Qte#:0236310420
Release Nbr:
Purchase Order Nbr:
Additional Ref#
Valid From:09/25/2020
Valid To:10/25/2020
Contact:THOMAS HARWOOD
Email:thomas.harwood@graybar.com
Proposal
We Appreciate Your Request and Take Pleasure in Responding As Follows
Notes:Priced under US Communities/Omnia Partners nationwide contract. Manufacturer is quoting 10-12
week lead time.
Item Item/Type Quantity Supplier Catalog Nbr Description Price Unit Ext.Price
200 78 EA SPRING CITY HDR-LE070-2G2-
40-FM3-PLN3
$2,142.86 1 $167,143.08
________________________________________________________________________________________________________________
Total in USD (Tax not included):$167,143.08
This Graybar quote is based on the terms of sale in the EV2370 Master Agreement which can be found by clicking the link found at
https://www.omniapartners.com/hubfs/PUBLIC%20SECTOR/Supplier%20Information/Graybar/EV2370_Graybar_MAD_2017_12_20.pdf
This equipment and associated installation charges may be financed for a low monthly payment through Graybar Financial Services (subject to credit approval). For more information call 1-800-241-7408
to speak with a leasing specialist.
To learn more about Graybar, visit our website at www.graybar.com 24-Hour Emergency Phone#: 1-800-GRAYBAR
Page 1 of 2
To:CITY OF BREMERTON
100 OYSTER BAY AVE N
BREMERTON WA 98312-3455
Attn:Robby Charvat
Date:09/25/2020
Proj Name:
GB Project Qte#:0236310420
Proposal
We Appreciate Your Request and Take Pleasure in Responding As Follows
Signed:___________________________________
This Graybar quote is based on the terms of sale in the EV2370 Master Agreement which can be found by clicking the link found at
https://www.omniapartners.com/hubfs/PUBLIC%20SECTOR/Supplier%20Information/Graybar/EV2370_Graybar_MAD_2017_12_20.pdf
This equipment and associated installation charges may be financed for a low monthly payment through Graybar Financial Services (subject to credit approval). For more information call 1-800-241-7408
to speak with a leasing specialist.
To learn more about Graybar, visit our website at www.graybar.com 24-Hour Emergency Phone#: 1-800-GRAYBAR
Page 2 of 2
STYLE:
HEIGHT:
WIDTH:
MATERIAL:
GLOBE:
FINISH:
LAMPING:
VOLTAGE:
COLOR TEMP.:
DISTRIBUTION:
CATALOG NO.:
HUDSON RIVER PARK ROADWAY
28 3/8"
33" DIA.
CAST ALUMINUM ALLOY A.N.S.I. 356, PER A.S.T.M.
B26-95 WITH 8 GAUGE, 1100-0 SPUN ALUMINUM SHADE
REFRACTIVE POLYCARBONATE
PRIME PAINT THEN FINISH PAINT, SHERWIN WILLIAMS
ACROLON - LONG BEACH BLUE
70 WATT LED SYSTEM
ELECTRONICALLY WIRED AT 120-277 VOLTS
4000K (MEDIUM WHITE)
TYPE III FROSTED REFRACTIVE OPTICS (ASYMMETRIC
DISTRIBUTION)
ALMHDR-LE070-EVX-2G2-40-FM3-PLN3-CW
LUMINAIRE SPECIFICATIONS
12 3/16"
FRONT ELEVATION
N.T.S.
SECTION A-A
33"
SIDE ELEVATION8 1/8"5"11 3/16"4 3/16"3/8"
3/8"
HALL AND MAIN STREETS - P.O. BOX 19 - SPRING CITY, PA. 19475
PHONE (610) 948-4000 - FAX (610) 948-5577 - WWW.SPRINGCITY.COM
Spring City Electrical Mfg. Co.
N.T.S.
SCALE
DESCRIPTION
DRAWING NO.
03-05-2020
THE HUDSON RIVER PARK ROADWAY LED LUMINAIRE
WITH THE COOLCASTä HEAT DISSIPATING DOME
DRAWN BY:
N.S.B.
DATE
S105215
This drawing is property of Spring City Elect. Mfg. and is issued to the
recipient with the understanding that it shall not be copied, duplicated, passed
on to unauthorized parties, nor used for any purpose other than that for which
it is specifically furnished except with Spring City's written permission.5"6"
4 1/2"
A A
(4) 10-24 ROUND
HEAD PHILLIPS
MACHINE SCREWS
11 3/16"7 1/2"9 11/16"28 3/8"1 1/16"
2 5/8"4 1/2"5 3/16"
R3 21/32"
R2 21/32"
5"
6 1/2"
FLAT SIDE UP
N.T.S.
WIRING DETAILBLACKWHITEGREEN
BOTTOM VIEW OF GLOBE AND GLOBE RING
N.T.S.
DETAIL A
GLOBE: TYPE III REFRACTIVE
POLYCARBONATE GLOBE
GLOBE RING: CAST
ALUMINUM, 356 ALLOY,
SECURED WITH (4) 10-24
ROUND HEAD TAMPER PROOF
MACHINE SCREWS
16 1/16" DIAMETER12 5/16" DIAMETEROPPORTUNITY 2ND STREET & PACIFIC AVE
TWO PIECE SHROUD, CAST ALUMINUM,
356 ALLOY, SECURED WITH (4) 10-24
ROUND HEAD PHILLIPS MACHINE
SCREWS
EXISTING 2 1/2" SCH. 40 (2.469" I.D.) ALUMINUM
PIPE X 2 1/2" LONG (WELDED TO CROSS ARM)
PIPE NOT USED IN LED CONVERSION
APPLICATIONS
ONE PIECE, ZINC COATED WELDED
STEEL MOUNTING BRACKET TO
SUSPEND LED LUMINAIRE ASSEMBLY.
SECURED WITH (4) 1/4"-20 ROUND HEAD
MACHINE SCREWS
ALUMINUM CROSS ARM EXTRUSION TO BE
DRILLED AND TAPPED IN FIELD TO SECURE
LUMINAIRE MOUNTING BRACKET SECURED
WITH (4) 1/4"-20 ROUND HEAD PHILLIPS
MACHINE SCREWS
LUMINAIRE SHADE: 8 GAUGE, ONE PIECE
SPUN 1100-0 ALUMINUM SECURED WITH
(6) 10-24 ROUND HEAD MACHINE
SCREWS
GLOBE RING: CAST ALUMINUM, 356
ALLOY, SECURED WITH (4) 10-24
ROUND HEAD TAMPER PROOF
MACHINE SCREWS
GLOBE: TYPE III RIBBED
ACRYLIC GLOBE
1 WATT CREE XP-G3 LED CHIPS (TOTAL CHIP
COUNT VARY DEPENDING ON REQUIRED SYSTEM
WATTAGE)
COOLCASTä HEAT DISSIPATING DOME: ONE
PIECE CAST ALUMINUM, 356 ALLOY,
SECURED TO HINGED GLOBE RING WITH (4)
1/4"-20 ROUND HEAD PHILLIPS MACHINE
SCREWS
LED OPTICAL SYSTEM: INJECTION MOLDED
REFRACTIVE OPTICS WITH TYPE III DISTRIBUTION
GASKET: INJECTION MOLDED WHITE
SILICONE TO SEAL GLOBE AND GLOBE
RING
CORD GRIP: MULTI-CORD LIQUID TIGHT
NYLON CORD GRIP, 4 CORD, 3/8" NPT SIZE
QUICK DISCONNECT: UNIVERSAL MATE-N-LOK
CONNECTORS, 3 POSITION (SEE WIRING
DETAIL)
1 REVISED BY: N.S.B.DATE: 03-11-2020
1
1
1
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: October 14, 2020
Resolution No. ___ acknowledging the
expiration of the Rocky Point Water District
Agreement; and authorizing new water
connections in Rocky Point
COUNCIL MEETING Date: October 21, 2020
Department: PW&U
Presenter: Tom Knuckey
Phone: (360) 473-2376
SUMMARY: The City has had agreements with the Rocky Point Water District No. 12 (District) for
many years. The City owns all municipal water infrastructure within the District’s service area
(mains, meters, hydrants, etc.,) provides billing and water quality compliance sampling services, and
is responsible to collect a surcharge to be paid to the District. The District is required to reimburse
the City for billing and monitoring services rendered (last payment received was March 2019) and is
responsible for capital improvements. The most recent agreement with the District has an expiration
date of June 30, 2015. Repeated attempts to communicate with the District both prior to and since
the expiration date have been unsuccessful. On August 31, 2020 the Washington State Department
of Health (DOH) transferred the District’s service area to the City. While the District is effectively
non-existent, it remains a legal entity until formally dissolved by Kitsap County. This is problematic
for customers requesting new water connections since the terms of the expired contract require
coordination with the District which is not possible at this time. The proposed Resolution allows the
City to sell new water service connections within the former District service area, until the District is
formally dissolved.
ATTACHMENTS: 1) Resolution No. ___; 2) 2010 Agreement with Rocky Point Water District
Added; 3) Department of Health Notice of Consolidation
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 Resolution No. ____ acknowledging the expiration of the Water Service Agreement
with the Rocky Point Water District No. 12; and authorizing the City to provide water service to new
customers in Rocky Point.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 01/02/2018
A8
Updated
Expiration of City / Rocky Point Water Service Agreement – Resolution
RESOLUTION NO. __________
A RESOLUTION of the City Council of the City of
Bremerton, Washington, acknowledging the expiration of the
Water Service Agreement with the Rocky Point Water District No.
12, and authorizing the City to provide water service to new
customers in Rocky Point.
WHEREAS, the City and Rocky Point Water District #12 (District) executed the
“Agreement for Furnishing Water and Services to Rocky Point Water District by the City of
Bremerton” (Agreement) on May 20, 2010; and
WHEREAS, on March 16, 2020 the Washington State Department of Health
(DOH) reconsidered the status of the District, and established August 31, 2020 as the date to
incorporate the District’s service area into the City’s service area under Chapter 246-290 WAC;
and
WHEREAS, on August 31, 2020 the Rocky Point Water System ceased to exist,
and its service area was fully incorporated into the City’s service area; and
WHEREAS, while the Rocky Point Water System no longer exists, the Rocky
Point Water District is a separate legal entity that must be dissolved under a separate procedure
by Kitsap County; and
WHEREAS, Section 2 of the Agreement includes financial obligations of both the
City and the District related to surcharge fees and annual billing that should remain in place until
the formal dissolution of the District; and
WHEREAS, paragraph 7(h) of the Agreement established an expiration date of
June 30, 2015 unless reviewed and extended by the parties; and
WHEREAS, the City has made numerous unsuccessful attempts to communicate
with the District since at least 2014 to update the Agreement; and
WHEREAS, paragraph 5(b) and 5(e) of the Agreement require potential
customers requesting new water connections to pay the District a front footage fee and obtain a
written Authorization to Connect from the District before the City may collect fees and charges
and connect the new customer to the Water System; and
WHEREAS, potential customers in the Rocky Point area are unable to pay the
front footage fee to the District and obtain the Authorization to Connect since the District is
effectively non-existent resulting in the inability of the City to sell water service; and
Expiration of City / Rocky Point Water Service Agreement – Resolution
WHEREAS, the former Rocky Point Water System is now part of City Water
System and the City desires to provide potential new customers water service within the former
Rocky Point Service area; now therefore
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The findings set forth in the recitals above are hereby adopted.
SECTION 2. The Agreement between the City and the Rocky Point Water
District No. 12 dated May 20, 2010 is expired.
SECTION 3. The City will continue to abide by the provisions of the expired
Agreement with the exception of Section 5 New Water Connections. New potential customers
within the former District service area will be served using the same terms and conditions as
other Kitsap County residents outside the City limits served by the City water system with the
exception of a requirement to execute the indemnification agreement attached as Exhibit A. The
purpose of the indemnification agreement is to ensure the City does not become liable for any
costs (front footage fees or other) that may be determined during the dissolution of the District.
SECTION 4. The Director of Public Works & Utilities, or designee, is
authorized to establish procedures necessary to provide water service to customers within the
former Rocky Point Water System service area.
SECTION 5. Severability. If any one or more sections, subsections, or
sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not
affect the validity of the remaining portion of this Resolution and the same shall remain in full
force and effect.
SECTION 6. 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 ________________, 2020.
ERIC YOUNGER, Council President
APPROVED AS TO FORM: ATTEST:
ROGER A. LUBOVICH, City Attorney ANGELA HOOVER, City Clerk
September 2020
Rocky Point New Water Customer
Indemnification and Acknowledgment of Conditions
Purpose: This form must be filled out and submitted prior to the City of Bremerton (City) providing a new water
connection to customers located within the Rocky Point Water District No. 12.
This indemnification is signed this ____ day of _________________, 20___, by _______________________,
the owner (hereinafter Owner) of Parcel No. _____________________________, (hereinafter Parcel) located in
within the Rocky Point Water District No. 12.
The Owner agrees to indemnify and hold harmless the City for any claims made for, or damages
resulting from the City providing a new water connection to the Parcel which are not caused by the
City’s negligence.
This indemnification includes any claims for a front footage fee by the Rocky Point Water District No.
12 or any other entity.
Upon a claim for a front footage fee or any other connection fee by any other entity, including the Rocky
Point Water District No. 12, the Owner shall be responsible to pay said fee and shall immediately pay
said fee upon demand.
The Owner or Owner’s Representative has fully read this Indemnification and Acknowledgment of Conditions
and understands, acknowledges, and agrees to the above conditions by signing below.
Owner/Owner’s Representative’s Signature: _________________________________
Owner/Owner’s Representative’s Printed Name: _________________________________
Contract Number
Vendor
Subject
Department
File Class
Begin Date
End Date
Review Date
Vault Date
4919
ROCKY POINT WATER DISTRICT
Water Services to Marine Drive Water District
District 12
Water Resources
LEG 121
05202010
06302015
06012015
Comments
AGREEMENT FOR FURNISHING WATER AND SERVICES
TO ROCK POINT WATER DISTRICT BY THE CITY OF BREMERTON
This Agreement is made and entered into this day of 2010
by and between the City of Bremerton a municipal corporation of the first class ereinafter
called City and Rocky Point Water District 12 a municipal corporation heretofore known as
Marine Drive Water District and hereinafter called District
WITNESSETH
WHEREAS the Commissioners of what was then called Marine Drive Water District
were authorized by a majority of electors residing within the district at an election on the 29
day of January 1952 pursuant to the Water Districts Resolution 107 called to vote upon the
question of conveyance of the said water system and has conveyed to the City of Bremerton said
water distributing system and
WHEREAS the City by ordinance has accepted a conveyance of the distribution system
of the Marine Drive Water District and under the provisions of Remingtons Revised Statues
115861 et seq Session Laws of 1933 now RCW 57080030 et seq and
WHEREAS the City and the District entered into an Agreement dated 12 July 1960 last
modified October 22 1998 for the furnishing of water services to the residents and consumers in
the District and setting forth responsibilities of the City and the District for maintenance and
repair of said water system and the management thereof and concerning future additions and
betterments thereto and
WHEREAS the City and the District desire to enter into a new agreement to extend the
furnishing of water services to the District and providing for the maintenance repair and
management of said water system
AGREED as follows
1 District as Representative
a It is recognized and agreed by the parties that the capacity of the District is as a
representative of the water consumers within the District who shall be considered
as being directly served by the City and to whom the duty of service runs
2 Water Service
a The City hereby agrees to furnish water service to the consumers of water in the
District in the aggregate amount set forth in Section 7eduring the term of this
Agreement so long as the City shall maintain a public water supply and
City of Bremerton Rocky Point Water District
Page 1 of 7
distribution system Provided however this obligation shall continue and be
binding upon any successor or assigns of the City so long as there exists a water
supply and distribution system to the end that there shall continue the supply of
water to the District so long as such a system supplies consumers within the City
of Bremerton
b Should supply to the District from the City system cease ownership of all of the
mains and installations and water service appurtenances within the District
Service Area shall revert to the ownership of the District
c The rate of charge to water consumers for water service and for other services or
charges for which the City may make charge to water consumers shall be at the
same rate as for residents of unincorporated Kitsap County
d Water service shall be furnished to the consumers within the District through
individual meters which shall be read by employees of the City and billings sent
by the City and collections made by the City for and on account of the use of the
water as measured through the individual meters These meters are and shall
remain the property of the City
e These billing services shall include a surcharge in an amount to be determined
from time to time by the District which amount shall be the property of the
District and shall be remitted to the District on a monthly basis
This billing service shall be charged for by the City to the District at the rate of
197022 annually prorated bi monthly according to the current billing cycle
applicable to the area and shall be subject to annual adjustment in January by an
amount equal to the change in the Consumer Price Index All Urban Consumers
WestSide Class BIC from June to June of the previous year
g Sums collected by the City for District surcharge are to be transmitted to the
District within 15 days aer the month in which they are collected Reports of the
transactions will be furnished on request Reports of customer delinquencies shall
be made to the District on a regular schedule at the time payment has become
delinquent according to the Citys standard delinquency date
h In the event of damage to that portion of the water system or to its appurtenances
within the water District caused by third party action the entity City or District
discovering the damage shall at the earliest opportunity report to the other the
fact of the damage All information concerning the cause nature of damage
identity of persons involved information as to that persons insurance coverage if
any shall be reported and each shall cooperate to the end that cost of repair or
replacement incurred by either entity shall be to the eent possible recovered
from the person causing the damage and be shared prarata by the entities in
proportion to the expenses incurred by the particular entity involved
City of Bremerton i Rocky Point Water District
Page 2 of 7
i If any part of the Water District is annexed to the City the City shall either pay
that portion of the then outstanding bonded indebtedness net of any bond reserves
represented by the proportion of debt service revenue derived from the annexed
area or pay through the Districts Fiscal Officer by the due date of debt service
payments a sum equal to that proportion of the debt service then due This to
continue until each of the particular bond issues shall have been paid in full
j Debt service secured by assessments or annual levies such as Local Improvement
District type assessments General Obligation type levies or similar security
devices shall continue after annexation to be collected by District
3 Operation and Maintenance
a The City shall perform all operation and maintenance services The City shall
provide certified operators as required by State law
b The Citys function shall include the establishment and monitoring testing and
enforcement of cross connection control requirements
c Water furnished to the individual consumer meter shall meet the standards
established from timetotime by such agencies as may have cognizance as to
purity quantity and pressure or as provided to in City customers similarlysituated
d All required sampling and measuring of water shall be performed by the City
according to schedules and requirements of the particular cognizant agencies
The District shall pay for costs incurred for sampling and analysis for the requiredsamples
e The cost referred to shall be laboratory analysis fees as charged and the average
labor cost of taking a sample applicable to the entire sampling cost for distributed
water within the City of Bremerton
The City shall report to the District any deficiencies found and make any
consumer notifications as required by State and Federal Drinking Water
regulations
g The parties recognize that the City has a responsibility for service of water
meeting proper standards of quality quantity and pressure to customers within
the District and to remedy deficiencies therein It is therefore agreed that the
District shall be entitledas to complaints of deficiencies in this regard which
come to its attention to bring them to the Citys attention and receive reports of
investigations made and actions taken and to require remedy thereof This
function of the District shall not be deemed to reduce or change the direct
City of Bremerton Rocky Point Water District
Page 3 of 7
obligation of the City to the water customers to provide water and water service
according to the above standards
4 IDistrict Upgrades
a The District may at its own cost make any additions extensions or
improvements including upgrading a main to a larger size or installing a new
hydrant the making of any betterments to the system which upon installation
shall become the property of the City and be maintained by City at no additional
cost to the District or its water users This section shall not apply to water meters
which shall be installed by the City upon approval of the connection by the
District shall remain the property of the City and shall be billed directly to the
Districts water users according to rates under Section 7a
b A repair should include work on existing mains Replacement of a main shall be
appropriate if an existing main is in an advanced state of deterioration such that it
is more economical to replace a segment of water main than to continue repairs
c When the City determines that replacement rather than repair is necessary to
maintain the operability of the system the District shall furnish the materials to
the City and the City will perform the necessary work without additional cost to
the District
d The City agrees to maintain and repair said system or any additions upgrades or
extensions thereof made in the manner herein provided without additional charge
to the District or the water users therein Maintenance and repair shall be deemed
to include the maintaining of the system and its appurtenances in good operating
condition including any standards subsequently established by cognizant
agencies
e The making of extensions additions upgrades and improvements to the system
will be planned for designed and installed by the District at its expense and in
connection therewith it shall use the services of licensed professional engineers
for the planning and design phases
Copies of plans so prepared shall be submitted to the City and shall be deemed
approved within thirty 30 days unless specific written objection to an element
thereof is received within that period All specifications and work performed
shall be in accordance with the Standards of the City of Bremerton promulgated
for such work The City shall have the right to observe and inspect work in
progress to assure compliance with City standards
City of Bremerton Rocky Point Water District
Page 4 of 7
5 New Water Connections
a The foregoing notwithstanding the City shall be entitled for new water
connections to make a charge to the customer for the cost of ineter and its
installation in accordance with the rate charged County customers
b The Water District may establish and charge a front footage fee to be collected
by the District prior to connection on those mains which have been installed at
District expense which includes all mains and distribution lines now in existence
and those hereafter installed at District expense or at property owner expense
under contract with the District
c The City upon making new connection shall be entitled to charge the water
customer a general facilities fee to defray portions of the cost of the facilities for
production and water storage This fee shall be in accordance with fee for
residents of the County
d Authority for the connection of new customers to the Districts system sha11 be
established in the following manner
e The City will supply the potential customer with a system status letter for a
specific location The new customer applications shall then be made to the
District which shall determine the feasibility of and the terms and conditions
under which the connection shall be made An authorization to connect together
with the terms and conditions thereof shall be communicated to the City in
writing whereupon the City shall make the connections and collect from the
applicant those City fees and charges
6 Hydrants
a Fire hydrants both existing and future installations are to be served maintained
and repaired as a part of the system and at no additional charge to the District or
its customers
b Fire hydrants hereafter established on the mains shall be of a type approved by the
City provided this type is in accordance with then current standards
7 Other
a The service of water to the District the installation of ineters and the rates to be
charged for service and all other work or services to be furnished or performed
by the City for the District shall be subject to the rules and regulations andor
ordinances now in effect or as the same may from time to time be amended or
enacted and where in this agreement no specific mention is made of any
particular service or charge such shall likewise be governed by such rules and
City of Bremerton Rocky Point Water District
Page 5 of 7
regulations andor ordinances existing or later enacted during the term of this
agreement No such ordinance or regulation shall amend or contradict the terms
of this Agreement except as such ordinance or regulation is required by State or
Federal law
b Any funds or other assets of the District acquired by the City of Bremerton as a
result of the annexation of a part or of the whole of the District shall be placed in
a special fund by the City of Bremerton and shall be used by the City for the
maintenance and betterment of the water system within the area annexed
provided that this provision shall not relive the City of debt service obligations
provided for elsewhere herein
c Disputes or questions over interpretation or application of this Agreement arising
between the paties to the Agreement shall be settled by the Commissioners of the
District and the proper elected or appointed officials of the City as designated by
it in writing If designated officials are unable to resolve these differences then
they shall be resolved using the Kitsap County Superior Court Arbitration Rules
MAR
d The District shall not in turn sell water to or provide any interconnection with any
entity outside the district boundaries The district boundaries are described in
Attachment A
e The average metered daily demand by the District shall not exceed 0170 million
gallons per day through the year 2015
fl The District acknowledges that compliance with requirements for water system
planning WAC 246290100 and water use efficiency WAC 246290800
through 840 are administrative functions and the responsibility of the District
Should the District request assistance from the City for these functions a scope of
work and budget will need to be agreed upon between the District and the City
and costs will be billed on a time and materials basis
g The District and the City will meet once a year to review the provisions of this
agreement and discuss issues of mutual interest
h The term of this agreement begin on the date of execution and shall expire on
June 30 2015 at which time the agreement will be reviewed and eended by the
parties as appropriate
i Section 2a of this Agreement shall be substantially incorporated in any
extension of this agreement unless there is mutual agreement to the contrary or
State legislation is passed affecting the interest and responsibilities established in
RCW 578030 et seq between the District City and water users within the
District
City of Bremerton Rocky Point Water District
Page 6 of 7
j Reasonable amendments requested for contract renewal shall be negotiated in
good faith However if these negotiations fail to produce agreement on a contract
extension either party may seek a ruling on the proposed amendments under
section 7c of this Agreement In determining the reasonableness of
amendments the arbitrator or judge shall consider regulatory changes affecting
water utilities the history of agreement between the parties the partys respective
legislative powers and the underlying purposes of the relationship established
under RCW 578030 et seq Terms of this agreement shall continue in effect
until amended under this section
IN WITNSS WHEREOF the parties hereto have caused this Agreement to be
signed and sealed this day of2010 by its duly authorized officials
CITY OF BREMERTON
Patty e t Iayor
DEPARTMENT APPROVAL
Director of
Public Works Utilities Dept
APPROVED AS TO FORM
ROCKY POINT WATER DISTRICT 12
3 s z
ll
r
z
Roger Lubovich City Attorney
City of Bremerton Rocky Point Water District
Page 7 of 7
i i
III
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Public hearing and Ordinance
adopting annual Comprehensive Plan
amendment; and Ordinance adopting Zoning
Code Amendments
Study Session Date: October 14, 2020
COUNCIL MEETING Date: October 21, 2020
Department: DCD
Presenter: Allison Satter
Phone: (360) 473-5845
SUMMARY: The action before the Council is to conduct a public hearing for the 2020 Comprehensive
Plan Amendment Docket and associated zoning code amendments. To maintain consistency through the
Comprehensive Plan and Zoning Code, this action includes two ordinances as follows:
1. Ordinance No. ____ is to amend the Comprehensive Plan text; and
2. Ordinance No. ____ is to amend the Zoning Code text to maintain consistency with the
Comprehensive Plan.
ATTACHMENTS:
1. Staff Memo, including Minutes of the Planning Commission Workshop (January 27, 2020) and
Public Hearing (September 21, 2020, Draft) and written public comments
2. Proposed Ordinance No. _____ with the following Exhibits:
Exhibit A: Findings and Conclusions from the Planning Commission
Exhibit B: Comprehensive Plan Land Use Element replacement page for Low Density
Residential modification
Exhibit C: Downtown Subarea Plan replacement pages for the Multi-family
Residential (1 + 2) and One-and-Two-Family Residential (R-20)
3. Proposed Ordinance No. ____
FISCAL IMPACTS (Include Budgeted Amount): None
STUDY SESSION AGENDA: ☐ No Presentation ☒ Full Presentation
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☒ Public Hearing
RECOMMENDED MOTION:
Move to pass Ordinance No. ______ adopting amendments to the Comprehensive Plan’s Text.
Move to pass Ordinance No. _____ adopting Zoning Code text amendments to Bremerton Municipal
Code Title 20, Zoning Code to be consistent with the Comprehensive Plan amendments.
COUNCIL ACTION: Approve Deny Table Continue No Action
A9
To: City Council
From: Allison Satter, Planning Manager
Date: October 5, 2020
Re: Comprehensive Plan Amendment & Associated Zoning Code Changes
The Planning Commission and Staff are pleased to present the proposed 2020
Comprehensive Plan Amendment Docket for Council consideration. State and City statutes,
including the Bremerton Municipal Code (BMC), allow the Comprehensive Plan to be
amended a maximum of once per year. The 2020 Docket includes one city-initiated
amendment to establish a citywide minimum density of 6 dwelling units per acre.
In addition to the Comprehensive Plan annual amendments, the City is also proposing to
modify the Zoning Code concurrently. State law requires that there be consistency between
these two documents. Because of the interrelatedness of the issue, the public hearing is
combined, but the City Council has to take action to adopt two separate ordinances to
amend the two different documents. The ordinance amending the City’s Comprehensive
Plan must be passed prior to the ordinance amending the Zoning Code.
ATTACHMENT TO MEMO
• Attachment 1 - Two written Public Comments received during Planning
Commission.
• Attachment 2 - Planning Commission Minutes
o January 27, 2020 Workshop
o September 21, 2020 Public Hearing (Draft)
EXECTUIVE SUMMARY
Why is the City proposing this amendment?
In mid-2019, recognizing the urgent need for solutions to the worsening housing crisis,
Governor Jay Inslee signed House Bill 1923 into law. The law contains a menu of
incentivized recommendations for municipalities and jurisdictions that aim to increase
the supply of residential housing. The City of Bremerton applied for grant money
through this law and committed to three of the bill’s recommendations. One of these
recommendations was to amend the citywide minimum density to 6 dwelling units per
acre. This amendment would establish a minimum density. The minimum is the “floor”
(or minimum) density citywide that new development would have to develop to. Instead
DEPARTMENT OF
COMMUNITY DEVELOPMENT
MEMORANDUM
Page 2
of the current 5 dwelling units per acre, which has a minimum lot size of 8,712 square
feet, the proposed amendments are to establish the minimum density at 6 dwelling units
per acre which is a minimum lot size of 7,260 square feet. The maximum density is not
proposed to be changed with this amendment.
In January of this year, the City held a workshop with the Planning Commission to
discuss this proposed change, which requires an amendment to the City’s
Comprehensive Plan. The Commission requested that the City, in addition to studying
the proposed amendment, study a further amendment to the minimum density of 7
dwelling units per acre. While the City conducted review of this proposal, due to public
concern for density increases, it was decided to pursue 6 dwelling unit per acre for the
final amendment.
The City has completed the preliminary analysis of the City’s Buildable Lands Review,
which catalogs development and potential within the City. From this, we can determine
that the current average subdivision density developed within the City is 10.05 dwelling
unit per acre – well above the proposed minimum of 6 dwelling unit per acre .
Also, through the Buildable Lands Review, we identified that some subdivisions
appeared to have developed at less than 5 or 6 dwelling units per acre due to the City’s
standard provision that one lot within a subdivision can be larger than the minimum lot
size identified. This provision is not proposed to change as it allows existing
development, such as a house, to be placed on a larger lot provided all other lots meet
the density requirements. This larger lot can be further subdivided later.
Example – I have a 1-acre lot with a house, in the R-10 zone, which has a
density of minimum 5 dwelling unit per acre and a maximum of 10 dwelling unit
per acre, thus to meet density, the subdivision should be a minimum of 5 to 10
lots on the 1-acre parcel. However, due to the existing provision to recognize
existing development, one lot can be larger than the minimum. As shown in the
image below, New Lot A, B, and C are new and must meet the minimum and
maximum density. The lot with the existing house (Lot D), can be larger as it is
shown below. Lot D is about 0.5 acres and that is allowed per current code and
is not
proposed
to change.
New Lot A
New Lot B
New Lot C Lot D (one lot can be larger)
Page 3
This proposed amendment to establish a minimum density of 6 dwelling unit per acre is
important for the City to consider as the City has a scare resource of undeveloped and
underutilized land. To adopt code to establish a minimum density of 6 dwelling unit per
acre, instead of current 5 dwelling unit per acre, will increase the City’s assurances that
we can provide opportunity for housing for our population growth. If this proposed
amendment was adopted, it is consistent with the current development pattern.
In addition, this proposed amendment is consistent with the City Infill Toolkit which
proposes options to promote infill development throughout the City. If this amendment
passed, for lots that can be subdivided within the existing City neighborhoods would be
required to develop to a minimum 6 dwelling unit per acre instead of the current 5
dwelling unit per acre. For lots that are only subdividing one lot to 2 or 3 lots, this new
code would not likely be impacted (as the density they can subdivided at would be more
impacted by the maximum density requirement and not the minimum density
requirement. Again, there is no change proposed to the maximum density requirement
at this time.
WHAT DISTRICTS OR ZONES WOULD THIS IMPACT?
This proposal is to establish a citywide minimum density of no less than 6 dwelling units
per acre. Any district or zone in the City of Bremerton that had a current minimum
density less than 6 dwelling units, the City is proposing to amend through theses
ordinances. The following is a summary of the districts or zones proposed to be
amended:
• Comprehensive Plan – Low Density Residential district from 5 to 6 dwelling units
per acre,
• Downtown Subarea Plan – Multi-family (1 + 2) zone and One-and-Two-Family
Residential (R-20) zone, both from 5 to 6 dwelling units per acre
• Zoning Code (Bremer ton Municipal Code Title 20) – Low Density Residential (R-
10), and Medium Density Residential (R-18) zone, both from 5 to 6 dwelling units
per acre.
PUBLIC INPUT
Overall, little public response to the proposed amendment has been received, reflecting
the minor status of this change. The City has received one specific comment opposing
this amendment, and one comment that is generally supportive of greater residential
densities (this comment also contains several other unrelated comments/suggestions to
this topic). Both comments can be found in their entirety as part of Attachment 1.
OVERALL IMPACT
The impact of this change is expected to be minor. This change will only affect new
development and subdivisions (existing homes on larger lots will not be required to
change). For new subdivisions, the maximum square footage of created lots must be
7,260 square feet or less, with the exception that one lot in a subdivision may be larger
as long as the overall density is met. It is important to note that the City has not received
Page 4
an application for a subdivision that would not comply with the proposed minimum lot
size, and the majority of new development already subdivides at a density equal to or
higher than the new proposed minimum.
CONCLUSION:
The City and Planning Commission have reviewed the proposed amendments, and
compliance with the City’s Code requirements for Comprehensive Plan, Subarea Plan,
and Zoning Code Amendments. The amendments meet the decision criteria set forth in
the BMC and supports the infill toolkit in the Comprehensive Plan. The Planning
Commission unanimously recommended the proposed amendments to Council as
proposed in these ordinances.
Attachment 1: Public Comments Received
Two comments were received.
Comment 01:
D. Manning on January 27, 2020
Comment 02:
Kitsap Alliance of Property Owners on August 28, 2020
Attachment 1 to Staff Memo
From:MDM
To:Allison Satter
Subject:January 27, 2020 Planning Commission Meeting (Workshop?)
Date:Monday, January 27, 2020 4:34:05 PM
Allison,
The only zoning amendment being considered this year, if I am reading this correctly, is one
originated by the City to increase zoning density from five units per acre to six units per acre in
several zoning areas because of the passage of E2SHB1923 in July 2019. As noted, this bill does not
mandate any action on the part of the City. That being the case, I am opposed to this change as it is
not mandated and there is no evidence put forth that it mitigates affordable or deeply affordable
housing in any fashion. To increase density for additional housing at market rates only contributes
to an increase in lack of affordable housing, crowding, and disruption of peaceful neighborhood
communities. If this change mandated an amendment that would increase the number of
affordable/deeply affordable residences in the City, that would be seen as an effort on the part of
the City to being taking positive action to resolve homelessness. I encourage the City to focus on
actions that will do that.
Thanks,
Diane Manning
Comment #01Attachment 1 to Staff Memo
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Attachment 1 to Staff Memo
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Attachment 2 to Staff Memo
Attachment 2 to Staff Memo
Attachment 2 to Staff Memo
Attachment 2 to Staff Memo
Attachment 2 to Staff Memo
DRAFT
Subject October 19, 2020 Approval
CITY OF BREMERTON
PLANNING COMMISSION
MINUTES OF VIRTUAL MEETING
September 21, 2020
CALL TO ORDER:
Chair Wofford called the regular meeting of the Bremerton Planning Commission to order at 5:30 p.m.
ROLL CALL
Commissioners Present
Staff Present
Chair Wofford
Vice Chair Tift
Commissioner Coughlin
Commissioner Mosiman
Commissioner Pedersen
Commissioners Excused
Commissioner Rich
Quorum Certified
Andrea Spencer, Director, Department of Community Development
Allison Satter, Senior Planner, Department of Community Development
Garrett Jackson, Senior Planner, Department of Community Development
Isaac Gloor, Planner, Department of Community Development
Jon Rauch, Bremerton Kitsap Access Television (BKAT) Staff
Sarah Lynam, DCD Project Assistant, Department of Community Development
Others Present
Dan Nickel, Watershed Company
Alex Capron, Watershed Company
APPROVAL OF AGENDA
THE AGENDA WAS APPROVED UNANIMOUSLY.
APPROVAL OF MINUTES
VICE CHAIR TIFT MOVED TO APPROVE THE MINUTES OF JULY 20, 2020, AS PRESENTED.
COMMISSIONER COUGHLIN SECONDED THE MOTION, WHICH CARRIED UNANIMOUSLY, WITH
COMMISSONER PEDERSEN ABSTAINING.
PUBLIC MEETING
Call to the Public (public comments on any item not on the agenda)
Chair Wofford asked if there were any comments from citizens.
Roy Runyon, Bremerton, advised that Bremerton is a 1st Class City, which means that citizens retain the right of initiative
and can create legislation if the City Council is unable or unwilling to act. He reported that he recently drafted a new initiative
related to accessory dwelling units (ADUs). He recalled that the City Council did not adopt the changes recommended by the
Planning Commission to make the ADU regulations less restrictive, and he doesn’t think it is appropriate to wait any longer.
Attachment 2 to Staff Memo
DRAFT
Bremerton Planning Commission Minutes
September 21, 2020 ~ Page 2 of 7
He referred to the Comprehensive Plan amendments that will be the subject of the Commission’s public hearing, which talk
about the availability of affordable housing and changing the density. He stressed that the changes won’t be meaningful without
also amending the ADU ordinance to make it less restrictive. He outlined the items included in his proposed initiative as
follows:
• Eliminate all of the design criteria for ADUs. He questioned why there should be a more restrictive standard for
ADUs compared to single-family residential construction.
• Allow more than one ADU per lot. There should be a formula that allows people with large lots to develop multiple
ADUs with a minimum square foot requirement. For example, an additional ADU could be allowed for each 4,350
square feet of property, keeping in mind the setback requirements, etc.
Mr. Runyon said he will closely monitor the Planning Commission and City Council discussions and actions related to ADUs
going forward, and will modify his initiative accordingly. He said he is prepared to take the proposal to the people for a vote.
It is time to make the appropriate code changes to get more affordable housing in the City. Currently, there are only two new
ADUs created each year in the City. With the initiative, he is hopeful there will be 20 new ADUs per year. Talking about
affordable housing is only effective if appropriate code changes are made to enable private property owners to develop ADUs
on their properties.
Chair Wofford closed the public portion of the meeting.
Public Hearing: Comprehensive Plan Amendments for the 2020 Docket, Related to Establishing a Minimum Density
Threshold
Ms. Satter advised that the Planning Commission is being asked to hold a public hearing and provide a recommendation to the
City Council. She reviewed that the Commission held a workshop in January to discuss the amendments. Since that time, staff
has conducted the environmental review and completed agency and public outreach. Following the Planning Commission’s
recommendation, the City Council will conduct a public hearing (tentatively scheduled for October 21st) and make the final
decision.
Ms. Satter advised that the proposal before the Commission includes both a Comprehensive Plan amendment and an associated
Zoning Code amendment to implement the Comprehensive Plan amendment. She explained that the Comprehensive Plan is a
blueprint document that establishes the vision, goals and policies for how the City will grow in the next 20+ years. With the
exception of subarea plans, the Comprehensive Plan can only be amended once a year. The Zoning Code implements the
vision, goals and policies of the Comprehensive Plan through the development standards and design guidelines in Bremerton
Municipal Code (BMC) Title 20. It addresses standards such as height, setbacks, lot coverage, etc. There is no limit on how
often the Zoning Code can be amended.
Ms. Satter reminded the Commissioners of the approval criteria that must be considered when reviewing Comprehensive Plan
amendments:
• Is it compliant with the Washington State Growth Management Act (GMA) and other City plans and documents?
• Is it compatible with the existing and planned development patterns?
• Will it not negatively affect the City’s ability to provide urban services?
• Will the proposed changes bear a reasonable relationship to benefiting the public health, safety and welfare?
Ms. Satter also reminded the Commissioners of the approval criteria that must be considered when reviewing Zoning Code
amendments:
• Is it compliant with other City, State and Federal Codes, regulations, and ordinances?
• Is it consistent with the goals and policies of the Comprehensive Plan? If a Comprehensive Plan amendment is
required, approval of the Comprehensive Plan amendment must occur prior to or concurrently with the Zoning Code
amendment. They must be consistent.
Attachment 2 to Staff Memo
DRAFT
Bremerton Planning Commission Minutes
September 21, 2020 ~ Page 3 of 7
Ms. Satter advised that the proposed amendment would change the minimum residential density citywide from 5 dwelling
units per acre (du/ac ) to 6 du/ac. Following the January workshop, the Commission asked staff to analyze if 7 du/ac would be
appropriate. However, based on public feedback, staff is only proposing to increase the minimum to 6 du/ac. She reviewed
that the Washington State Legislature passed House Bill (HB) 1923 in 2019, which encourages cities to increase opportunities
for more residential capacity. The bill offered a menu of options to increase the supply of affordable housing. The City
reviewed these options and agreed to consider the following three:
• Establish a minimum density of 6 du/ac. (subject of September 21 public hearing)
• Amend the ADU regulations. (subject of October 19 Commission public hearing)
• Amend the Zoning Code to address cluster housing and cottages. (briefing scheduled for early 2021)
Ms. Satter pointed out that the minimum density option requires both a Comprehensive Plan amendment and a Zoning Code
amendment, whereas the other two initiatives under HB 1923 only require a Zoning Code amendment.
Ms. Satter advised that the amendment would apply to new development in the Low-Density and Medium-Density Residential
zones, as well as four zones in the Downtown Subarea Plan (Downtown Multifamily Residential 1 and 2 and Downtown 1 and
2 Family Residential). As proposed, the Comprehensive Plan would be amended to change the minimum density in these zones
from 5 du/ac to 6 du/ac. The Zoning Code would also be amended to change the minimum density from 5 du/ac to 6 du/ac.
The maximum lot area would also be changed from 7,712 to 7,260 square feet.
Ms. Satter shared examples to show how a 1- acre parcel could be developed based on the current 5 du/ac per acre versus the
proposed 6 du/ac. She also shared an example of a recently-approved subdivision with a density of 7 du/ac. She provided
examples of existing development in the City to illustrate what development at 6 du/ac might look like:
• Dibb Street between Robin Avenue and Eagle. The property was developed at 6 du/ac and the average lot size is
7,114 square feet.
• 8th Street between Olympic Avenue and Rainier Avenue. The property was developed at 10 du/ac and the average lot
size is 4,350 square feet.
• Dockside on Osprey Circle between Cormorant and Widegon Court. The property was developed at 5 du/ac and the
average lot size is 8,700 square feet.
Ms. Satter shared examples of recent development in Bremerton, noting that very few plats were subdivided at the minimum
density. The range was between 7 du/ac and 13 du/ac. She summarized that, as per the Buildable Lands Review, projects in
Bremerton are currently subdividing at an average of 10 du/ac citywide, so this change to the minimum will not likely affect
development.
Ms. Satter emphasized that the amendment s would not require existing lots and homes to squeeze in extra units. They would
only impact future subdivisions and development. The proposal would change the minimum density, but the maximum density
would remain the same, and there would be no changes to the zoning maps, either.
Ms. Satter reported that two public comments were received. One expressed opposition to the amendment and the other was
generally supportive of increasing residential density but had other ideas for the Commission to consider.
Chair Wofford opened the hearing for public comments.
Roy Runyon, Bremerton, said he supports the proposed amendment. However, he suggested that, if they want to encourage
increased density, the Commission should also look at other development regulations that drive up the cost of development,
such as impact fees. If the cost of development is higher in Bremerton than in unincorporated Kitsap County, then the City is
losing out and is not meeting the intent of the GMA. He asked the Commission to consider what changes it can recommend to
the City Council to make residential development in the City more affordable. While the proposed amendment is a step in the
right direction, they also need to consider other practical changes that will make it easier for developers to increase density.
Chair Wofford said the Commission seeks input from time to time about what can be done to make development easier and
more feasible for contractors. Director Spencer pointed out that while there are general facility charges to hook up to the
Attachment 2 to Staff Memo
DRAFT
Bremerton Planning Commission Minutes
September 21, 2020 ~ Page 4 of 7
water and sewer systems, the City of Bremerton hasn’t adopted any impact fee ordinances. On the other hand, Kitsap County,
Port Orchard and Poulsbo have all adopted transportation impact fee ordinances.
Kevin Walthall, Bremerton, voiced support for the proposed amendments. However, he asked if they would hold any
implication for duplexes to meet the minimum requirement. He also asked if the amendments would alter the setback
requirement in single-family and multi-family residential zones. If not, he could see the setback requirements becoming a
stumbling block for developers. He voiced his support for allowing duplexes, which would help developers meet the minimum
requirement. Ms. Satter pointed out that the maximum density requirement actually has more impact on duplex development
than the minimum density requirement, since the goal is usually to fit more units on a lot. Because the amendments would
only apply in the low-density and medium-density residential zones, it is likely that developers will choose to construct single-
family homes rather than duplexes. She said the amendments would not reduce the setback requirement, since developers are
successfully developing at 8 and more du/ac and can still meet the current setbacks.
Chair Wofford closed the public portion of the hearing.
Vice Chair Tift referred to the public comment, which indicated support for the proposed amendment but wanted the minimum
density to be mandated. He asked if that was practical. Ms. Satter answered that, once adopted, the amendment would
establish a minimum of 6 du/ac for all new subdivisions, and it would become a mandate. The only exception would be if a
property owner wants to retain one larger lot where his/her home is located. While the entire property might not meet the
minimum density requirement at the time of subdivision, the property where the house is located would be subdivided at a later
date to meet the requirement. That provision would not change, recognizing that Bremerton has a lot of existing development
and people have a desire to keep their one house and subdivide the rest of the lot they aren’t utilizing.
Vice Chair Tift asked if developers have indicated support for the proposed amendment. Ms. Satter said the proposal was
sent to the Kitsap Building Association and the real estate group, but they have been silent on the matter since most developers
are already developing at a higher rate.
COMMISSIONER COUGHLIN MOVED THAT THE COMMISSION RECOMMEND THAT THE CITY COUNCIL
ADOPT THE PROPOSED AMENDMENTS TO THE COMPREHENSIVE PLAN AND ZONING CODE AS
DETAILED IN THE STAFF REPORT AND ATTACHMENTS AND BASED UPON THE FINDINGS AND
CONCLUSIONS INCLUDED IN ATTACHMENT D. COMMISSIONER PEDERSEN SECONDED THE MOTION,
WHICH CARRIED UNANIMOUSLY.
Public Workshop: Discussion of Amendments for the Shoreline Master Program (SMP) Periodic Update
Mr. Jackson introduced Dan Nickel and Alex Capron, from the Watershed Company, the consultants hired to assist the
department with the Shoreline Master Plan (SMP) update. He explained that this is a workshop for discussion and education
purposes, and no formal decisions will be made at this time. It is anticipated that the project will be completed in mid-2021,
and updates will be provided to the Commission over the next several months.
Mr. Jackson explained that the SMP is a set of state-required policies and regulations that are intended to protect state
shorelines, promote public access to the shorelines, and ensure that uses that need to be located on the shoreline have priority.
In addition to updating the SMP, the City will also update its Critical Areas Ordinance (CAO) for consistency with the SMP
and other limited changes.
Mr. Jackson advised that the SMP applies to “Shorelines of the State,” which are waterbodies that meet certain criteria. The
shoreline jurisdiction is generally areas that are located within 200 feet of a high-tide line, some larger lakes and streams and
other exceptions. Examples of those in Bremerton include Lake Kitsap, portions of the Union River and Gorst Creek, and all
marine waters. He shared an example of a shoreline designation map, noting that the colored lines follow waters that are
regulated by the SMP. Each of the colors represents a different shoreline designation and they correspond closely with the
zoning map designations. For example, the Low-Density Residential Zone has a Single-Family Residential Shoreline
Designation. He explained that the shoreline designations were assigned based on an analysis in the Inventory Characterization
Report. The report was done in 2013 and took a snapshot of existing development on Bremerton shorelines and identified
shoreline resources they wanted keep. For example, the area located south of Gorst was designated as Urban Conservancy
Attachment 2 to Staff Memo
DRAFT
Bremerton Planning Commission Minutes
September 21, 2020 ~ Page 5 of 7
because it is an environmentally-sensitive area they want to preserve, and the area around the shipyard was designated as
Industrial based on existing development. Areas that are waterward of the high-tide mark were designated as Aquatic.
Mr. Jackson explained that the state requires jurisdictions to update their SMPs every eight years to ensure they are compliant
with current state laws and changes in local plans and regulations and to incorporate new or improved data and information.
The periodic update will not re-evaluate the ecological baseline, which was established as part of the 2013 comprehensive
update that is used to determine no net loss. The ecological baseline is a snapshot inventory that established what the City’s
shorelines currently look like. It identified the ecological situation, the areas that were degradated, and the areas that had
environmental resources. One of the main goals of the SMP is to assure no net loss of the 2013 baseline.
Mr. Jackson referred to the Gap Analysis Report (Attachment A), which was prepared by the Watershed Company and points
out areas that the City has to improve upon in order to be compliant with the update process. He explained that staff will
propose a number of amendments as part of the proposed update, and a full draft of the proposed amendments will be presented
at a future workshop. He shared examples of the anticipated amendments to both the SMP and CAO as follows:
SMP Amendments
• Definitions. This section will be amended to be consistent with the state. For example, an updated definition for
“floating residences” will be included. In addition, some definitions that are located in the nonconforming section of
the SMP will be moved to the definition section of the SMP.
• Exemptions. The exemptions for Shoreline Substantial Development Permits will be updated to be consistent with
what is available from the state.
• Applicability. A statement will be added to clarify that the SMP doesn’t apply to federal lands. Currently, there is
no statement that the shipyard is not part of the SMP.
• Restoration Projects. Some of the dimensional standards for restoration projects will be updated.
• Nonconforming Structures. The amendments will look at the applicability of the code as it pertains to certain
structures and the proportionality of mitigation required in some of those cases. For example, is the amount of
mitigation required for a small addition proportional to the expansion?
• Shoreline Buffer Reduction Options. They are looking at minor revisions to this section to clarify buffer averaging
provisions and to ensure that no net loss is achieved. Currently, the buffer averaging calculations are complicated,
and the goal is to make them simpler.
• New Sheridan/Harrison Center Subarea Plan. Amendments will align the SMP with the new subarea plan that
was recently adopted.
• Vegetation Management Plan Allowances. Portions of this section will be updated to provide relief for single-
family property owners. The plan is required with any new shoreline development. It provides a snapshot of existing
vegetation and describes how a developer will mitigate and add native vegetation to buffer areas.
• Consolidation. All of the SMP policies will be consolidated into one chapter. Currently, they are scattered throughout
the document, and it would read much more clearly if they were located in one section.
• Climate Resiliency. Proposed language would be added for climate resiliency. As the department learns more about
the ongoing effects of the global climate, it is important to ensure that the knowledge is represented in the
environmental documents.
• Minor Mapping Changes. Minor updates to the Shoreline Environment Designations will be made to reflect new
information and improve consistency with zoning.
Attachment 2 to Staff Memo
DRAFT
Bremerton Planning Commission Minutes
September 21, 2020 ~ Page 6 of 7
CAO Amendments
• Wetland Buffers. The existing buffer requirements for wetlands will be clarified to be consistent with the Department
of Ecology (DOE) guidelines.
• Fish and Wildlife Habitat Conservation Areas. Other minor amendments will be made to provide flexibility within
Fish and Wildlife Habitat Conservation Areas.
Mr. Jackson announced that an online tool will be launched on October 1st to orient the public to the SMP update process. A
full draft of the proposed amendments will be presented at a Planning Commission workshop on October 19th. The state has
some specific requirements for the City to accomplish, one being a shared public comment period and shared public hearing.
The joint public comment period will occur in November, and the joint public hearing is scheduled for November 16th. It is
anticipated that the draft update will be presented to the DOE for an initial determination of compliance with DOE standards
in January of 2021, and the Planning Commission review and recommendation, if necessary, will occur in February 2021.
Local adoption will likely occur in Spring 2021. He emphasized that all of the dates are tentative at this time, and staff will
take as much time as needed with the Commission and public to work through the process.
Mr. Jackson said that the online open house that will launch on October 1st is one way to engage the public and ensure they
are involved in the SMP update process. It will review background information and project timelines so the public can
understand the issues that are being addressed and provide comments. It will also provide an opportunity for the public to sign
up to be notified of future actions on the update.
Roy Runyon, Bremerton, asked how many individual property owners/developers have been impacted by the current SMP
and what their costs have been. He noted language regarding flexibility and minimizing the impact of the SMP and said he
would be interested to see what that information shows. He recommended that this data be presented to the Commission, City
Council and public for background.
Sue Plahn, Bremerton, asked if the slide set from the staff’s presentation could be made available to the public. Ms. Satter
answered that it would be sent to all of the property owners who received notification of the workshop.
Vice Chair Tift asked if the Vegetation Management Plan applies in the event that the shoreline is damaged during
construction. Mr. Jackson answered that the Vegetation Management Plan is intended to repopulate the buffer areas as
mitigation for the development and not just those areas disturbed during construction. It identifies how much of the buffer area
should be populated with native vegetation and trees.
Commissioner Mosiman recognized that the presentation was intended to be just an overview. However, as they get into
more detail at future meetings, he would like clarification on the following:
• Attachment A, Page 6, Item e, which talks about the difference between timber harvesting and timber cutting. It would
be helpful to have a map showing where timber harvesting might take place within the City.
• Attachment A, Page 23, Item 9, which references a specific Washington Administrative Code (WAC) provision
regarding public access requirements. It would be helpful for the Commission to see the actual WAC language to
know what is being referenced. Years ago, a map was provided to show where public access was located within the
City of Bremerton. If they are considering changes to public access, it would be helpful to have that map to provide
some reference about what changes would take place and where.
• Attachment A, Page 24, Item 12, which has to do with climate change resiliency as it relates to bulkheads. Bulkheads
are important in marine environments, and they have an impact on the upland of property owners. It would be helpful
to have clarification on the City’s policies relevant to sea level rise.
• Attachment A, Page 24, Item 14, which has to do with the portionality and scale of development. Would a developer
be required to provide an entire buffer with native plants? Are you changing the residential permitting requirements
to be simpler? He supports simplicity but without losing the ability to make the kinds of changes and impacts the City
wants to see for the environment.
Attachment 2 to Staff Memo
DRAFT
Bremerton Planning Commission Minutes
September 21, 2020 ~ Page 7 of 7
Commissioner Mosiman asked if the tribes have been informed that the City is in the process of updating its SMP. He would
be curious to know what their interest might be.
Commissioner Pederson referred to Attachment A, Page 24, Item 12 and said he is also curious about the City’s policies
relevant to sea level rise. Olympia’s 2019 Sea Level Rise Plan is referenced, and he is interested in learning more about what
that plan entails. He asked staff to provide a link to the plan prior to the next workshop. Ms. Satter said staff is working on
climate resiliency documents, and other documents related to this effort have also been prepared. Information will be sent to
the Planning Commission soon about a recent Kitsap County study related to sea level rise.
BUSINESS MEETING
Chair Report
Chair Wofford acknowledged the citizens who participated in the Zoom meeting and thanked those who provided input.
Director Report
Director Spencer reported that staff is settling into the new normal. There have been a lot of permit applications, and remote
operations are going smoothly. A fun statistic showed that more than 1,000 people were able to engage with the online materials
that were made available during the Eastside Employment Center planning process, which is encouraging to note. At this time,
the City will proceed with digital meetings until there is a change in the governor’s order.
Old Business
There was no old business.
New Business
There was no new business.
ADJOURNMENT
The meeting was adjourned at 6:45 p.m.
Respectively Submitted by:
______________________________ ______________________________
Andrea L Spencer, AICP Nick Wofford, Chair
Executive Secretary Planning Commission
Attachment 2 to Staff Memo
1
2020 Comprehensive Plan Amendment Docket:
Comprehensive Plan Amendments
ORDINANCE NO. _____
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, for the 2020 Comprehensive Plan docket
to amend the Comprehensive Plan, and Downtown Subarea Plan to
establish a citywide minimum density of 6 dwelling units per acre;
and
WHEREAS, the City of Bremerton adopted a Comprehensive Plan on May 18,
2016, by Ordinance No. 5299, hereinafter referred to as the “Comprehensive Plan;” and
WHEREAS, the Washington State Growth Management Act ("GMA") requires
internal consistency among comprehensive plan elements and applicable regional plans; and
WHEREAS, the City adopted an area-wide land use classification and zoning for
the Comprehensive Plan: Land Use (Ord. No. 5299) and Zoning Code (Ord. No. 5301) on May
18, 2016; and
WHEREAS, to assure that comprehensive plans remain relevant and up to date,
the GMA requires each jurisdiction to establish procedures whereby amendments to the plan are
considered by the City Council (RCW 36.70A.130(2)), and limits these amendments to once
each year unless an emergency exists; and
WHEREAS, the City of Bremerton has established a procedure for amending the
Comprehensive Plan in Title 20.10.010 of the Bremerton Municipal Code (“BMC”), that limits
amendments to the Comprehensive Plan to no more than once each year; and
WHEREAS, the zoning code must be consistent with the Comprehensive Plan,
therefore a concurrent ordinance (Ordinance Number _____) is being considered to amend the
zoning code to maintain consistency; and
WHEREAS, the Planning Commission conducted a workshop on the 2020
Comprehensive Plan amendments and associated Zoning Code changes proposal on January 27,
2020 which throughout the processes the Commission received a few written comments and
various verbal testimonies; and
WHEREAS, on June 5, 2020, the Washington State Department of Commerce was
notified of the City’s Comprehensive Plan Amendment docket for 2020; and
WHEREAS, on June 5, 2020, a SEPA Determination of Nonsignificance was
issued for amendment docket items with a 14-day comment period; and
WHEREAS, on September 11, 2020, the public was notified by a legal
advertisement in the Kitsap Sun of the opportunity to make comment and participate in the
2
2020 Comprehensive Plan Amendment Docket:
Comprehensive Plan Amendments
public hearing by the Planning Commission; and
WHEREAS, on September 21, 2020, the Planning Commission conducted a
public hearing on the 2020 Comprehensive Plan Amendment Docket, and the Planning
Commission recommended the City Council make recommendations on the amendments as
presented; and
WHEREAS, on October 14, 2020, the public was notified by a legal
advertisement in the Kitsap Sun of the opportunity to make comment and participate in the
public hearing by the City Council; and
WHEREAS, on October 21, 2020 the City Council conducted a public hearing
and considered all testimony prior to their decision; and
WHEREAS, the proposal meets requirements of the GMA; and
WHEREAS, the proposal is consistent with Kitsap County Countywide Planning
Policies (“KCCPP”); NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Findings and Recitals Incorporated. The findings and recitals set
forth above are hereby incorporated by reference.
SECTION 2. The findings and conclusions adopted by the Planning Commission
on September 21, 2020 and attached hereto as Exhibit A are adopted and incorporated as if set
forth fully herein.
SECTION 3. The City of Bremerton Comprehensive Plan is hereby amended by
approving and adopting docket item as follows:
Establishing a citywide minimum density of 6 dwelling units per acre. This specifically
will amend the Low Density Residential, Medium Density Residential, and two zones in
the Downtown Subarea Plan to modify the minimum density from 5 dwelling units per
acre to 6 dwelling units per acre. Those amendments are more particularly described in,
and affixed hereto:
a. Exhibit B - Replacement page for the Comprehensive Plan’s Land Use Element
for the Low Density Residential designation (Page LU-31)
b. Exhibit C – Replacement pages for the Downtown Subarea Plan, specifically the
Multi-family Residential (1 + 2) (page 6-111) and the One-and-Two-Family
Residential (R-20) (page 6-117).
SECTION 4. Corrections. The City Clerk and codifiers of this ordinance are
authorized to make necessary corrections to this ordinance, including but not limited to, the
3
2020 Comprehensive Plan Amendment Docket:
Comprehensive Plan Amendments
correction of scrivener, clerical, typographical, and spelling errors, references, ordinance
numbering, section/subsection numbers and any references thereto.
SECTION 5. Severability. If any provision of this ordinance is held invalid or
unconstitutional, such invalidity or unconstitutionality shall not affect the validity or
constitutionality of the remainder of this ordinance. Provided however, that if any provision of
this ordinance is held invalid or unconstitutional, then the provision in effect prior to the
effective date of this ordinance shall be in full force and effect for that individual provision as if
this ordinance had never been adopted.
SECTION 5. Effective Date. This Ordinance shall take effect and be in force ten
(10) days from and after its passage, approval, and publication as provided by law.
PASSED by the City Council the___________ day of ____________________, 2020.
ERIC YOUNGER, Council President
Approved this ___________ day of ____________________, 2018.
GREG WHEELER, Mayor
ATTEST: APPROVED AS TO FORM:
ANGELA HOOVER, City Clerk ROGER A. LUBOVICH, City Attorney
PUBLISHED the ________ day of ______________________, 2020.
EFFECTIVE the _________day of ______________________, 2020.
ORDINANCE NO. _______
FINDINGS AND CONCLUSIONS OF THE
CITY OF BREMERTON PLANNING COMMISSION
2020 Annual Comprehensive Plan Amendment and associated Subarea Plan and Zoning Code
changes
I. FINDINGS OF FACT
1. Project Description: Comprehensive Plan Annual Docket for 2020.
The City adopted an updated Comprehensive Plan in June 2016. Comprehensive Plan
amendments are processed on an annual cycle to allow for changes to the Plan that
reflect conditions that may not have been addressed prior or since the Plan’s adoption.
Amendments to the City’s Comprehensive Plan and Zoning Code are regulated by BMC
20.10: Comprehensive Plan Amendments and 20.18: Text Amendments. The Planning
Commission is considering one city-initiated proposal for the 2020 docket. The
amendment can be summarized as amending the minimum residential housing density
citywide from the current 5 dwelling units per acre (du/a) to 6 du/a. The Planning
Commission also considered amending the minimum to 7 du/a, but it was decided to
pursue the State recommendation of 6 du/a for the final amendment.
2. Procedural History:
2.1 The Bremerton Municipal Code allows applications for Comprehensive Plan
Amendments annually between August 1 and November 15th.
2.2 On January 27, 2020 the Planning Commission held an informal public workshop
to introduce the 2020 Annual Comprehensive Plan Amendment Docket and
associated zoning code changes.
2.3 On June 5, 2020 staff notified the Washington State Department of Commerce
the intent to adopt an amendment to the Comprehensive Plan.
2.4 On June 5, 2020 staff published the SEPA Determination of Non-significance in
the Kitsap Sun and sent out notice to agencies, jurisdictions, and interested
parties.
2.5 On September 11, 2020 a notice of Planning Commission public hearing was
published in the Kitsap Sun and the public was invited to comment.
2.6 On September 21, 2020 Planning Commission conducted a public hearing on the
2020 Comprehensive Plan docket and associated Zoning Code changes.
2.7 Within that September Public Hearing the Planning Commission recommended
the proposed amendments to Council for their consideration.
Exhibit A to Comp Plan Ord
3. Public Comment:
3.1 One individual provided testimony and provided a written comment to the Planning
Commission:
• D. Manning opposes this amendment, citing that the amendment does not
mandate any action on the City’s part. They also argue that increasing density
will create more housing at market rates will contribute to affordable housing
problems. They conclude by encouraging the City to focus on options that
mandate affordable housing in the City.
3.2 An additional written comment was received by Kitsap Property Alliance
Organization (KAPO) who is generally supportive of the City increasing
opportunities for more housing, and provided other ideas not applicable to this
topic.
3.3 Individuals providing verbal testimony at Planning Commission’s Public Hearing
testimony:
a. R. Runyon
b. K. Walthall
4. SEPA Determination:
4.1 A Determination of Non-Significance was issued on June 5, 2020, with a
comment deadline of June 19. No appeals have been filed.
5. Consistency:
Amendments to the Comprehensive Plan shall meet the decision criteria outlined in BMC
20.10.080. The Planning Commission may recommend, and the City Council may adopt
or adopt with modifications, amendments to the comprehensive plan if the criteria
outlined below are met.
5.2 BMC 20.10.080(a) technical error. This criterion allows amendments to the
Comprehensive Plan if there is an obvious technical error in the pertinent
comprehensive plan provisions. This criterion is not applicable to the current
proposals.
5.3 BMC 20.10.080(b)(1) the amendment is consistent with the Growth
Management Act.
The amendments have been evaluated with the goals and policies of the Growth
Management Act (GMA) and has been found to be consistent with the Act. The
GMA requires that development is encouraged in urban areas where services
already exist. Increasing the residential density helps to further that goal. The
amendment has also been formulated to be consistent with the City’s
Comprehensive Plan, which was created to achieve the goals of the GMA.
Exhibit A to Comp Plan Ord
5.4 BMC 20.10.080(b)(2) the amendment is consistent with the
comprehensive plan or other goals or policies of the City.
The amendment continues to uphold the objectives, goals and policies of the
Comprehensive Plan such as:
o Policy LU1(B): Coordinate Bremerton’s growth consistent with the Kitsap
Countywide Planning Policies and the Puget Sound Regional Council’s Vision
2040, and state requirements.
o Policy LU4(C): Provide land use regulations that give opportunities for the
community to have fair access to livelihood, education, and resources.
o Policy LU4(D): On an annual basis review and provide amendments, if
necessary, to the goals and policies and the Land Use Map to address
changing circumstances and/or emergencies.
o Housing Vision: To encourage the growth of Bremerton by strategically
locating a wide variety of housing types throughout the City in a way that
protects the environment and fosters community health.
o Housing Goal H2: Encourage the development of a variety of new housing
options and
densities to meet the changing needs of Bremerton’s residents.
o Policy H2(C): Supporting infill development and increased densities and the
use of Low Impact Development (LID) techniques and Best Management
Practices (BMPs) to ensure efficient and cost-effective utilization of existing
public utilities.
o Housing Goal H3: Support access to quality and affordable housing for all
Bremerton residents.
o Policy H3(A): Provide opportunities for the production of new housing for all
incomes, ages, and family types through infill by stimulating growth of non-
traditional housing types such as townhomes, carriage units, accessory
dwelling units, and duplexes in locations where they will seamlessly infill into
the fabric of the existing neighborhoods.
o Policy H3(E): Eliminate unnecessary regulatory impediments to the
development of affordable housing.
o Goal H4: Implement and coordinate strategies that promote public and
private efforts to facilitate improvements to the housing stock.
o Policy H4(F): Promote increased housing density to provide a broader
customer base for more affordable public services including utilities.
5.5 BMC 20.10.080(b)(3) if the amendment was reviewed but not adopted
as part of a previous proposal, circumstances related to the proposed
amendment have significantly changed, or the needs of the City have
changed, which support an amendment.
The proposed amendment is not part of a previous proposals. However, the City
is currently experiencing an affordability crisis in housing partially caused by a
general lack of housing units. This amendment aims to help the city meet its
need to increase the availability of housing opportunities.
Exhibit A to Comp Plan Ord
5.6 BMC 20.10.080(b)(4) The amendment is compatible with existing or
planned land uses and the surrounding development pattern.
The amendment is compatible with existing land uses and the surrounding
development pattern. The increase in density is an incremental one, and many
past and present developments in the City already meet or surpass this density.
5.7 BMC 20.10.080(b)(5) The amendment will not adversely affect the
City’s ability to provide urban services at the planned level of service
and bears a reasonable relationship to benefitting the public health,
safety and welfare.
The amendment will not affect the City’s ability to provide urban services, though
it will benefit the public health, safety and welfare by allowing greater
development opportunities within existing neighborhoods.
5.8 Consistency with the Zoning Code
Amendments to the Zoning Code Shall meet the criteria in BMC 20.18.020 and
specifically subsection (d) and (e) that states that a text amendment may be
approved if it is found that it is consistent with the goals and policies of the
Comprehensive Plan and it does not conflict with other City, state and federal
codes, regulations and ordinances. In addition, it states that, if a Comprehensive
Plan amendment is occurring, approval of the Comprehensive Plan amendment is
required prior to or concurrently with the granting of the text amendment. The
Planning Commission also reviewed proposed Zoning Code text amendments and
Subarea Plan concurrently with the Comprehensive Plan amendments to ensure
that they do not conflict with other City, state and federal codes, regulations
and/or ordinances.
II. CONCLUSIONS & RECOMMENDATION
Based on the findings above, the Planning Commission concludes that the 2020
Comprehensive Plan Amendment Docket, and its associated Zoning Code and Subarea Plan
amendments, have met the requirements in Bremerton Municipal Code, and therefore
recommends approval by the City Council.
Respectfully submitted by: Approved by:
_____________________________________ ________________________________
Andrea L. Spencer, Executive Secretary Nick Wofford, Chair
Exhibit A to Comp Plan Ord
City of Bremerton Comprehensive Plan LU-31
Land Use Element
Element 2
Land Use
Designation: Low Density Residential
LDR (Low Density Residential)
Purpose/Intent
To create new and support existing single family neighborhoods.
Location
Residential neighborhoods located throughout the city as mapped.
Land Uses
Single family residential homes, duplexes and townhouses, and low intensity compatible uses such as
churches, schools, senior housing, and parks. Accessory dwelling units are encouraged.
Intensity/Density
•5 6 to 10 dwelling units per acre
•Three stories and conditionally allowed uses may be four stories
Character
The City’s residential neighborhoods are characterized by single-family homes on traditional urban lots.
There are some existing small-scale commercial structures with LDR, which should be encouraged to be
redeveloped by adaptive reuses to provide services to the neighborhood.
Low Density Residential Specific Policies
LU1: Plan for Growth
LU1-LDR(A): Promote neighborhoods that foster interaction among residents, contribute to well-being of
citizenry, and create and sustain a sense of community and personal safety.
LU1-LDR(B): Use front yard averaging to encourage residential infill that is consistent with the existing
neighborhood’s built environment.
LU1-LDR(C): Allow accessory units associated with, and subordinate to, existing or new single family
dwellings when appropriate.
LU1-LDR(D): Allow a variety of small residential development in the LDR as infill development including
duplexes and townhouses provided the underlying density is met and design criteria within the Zoning
Code is adopted to safeguard the character of the neighborhood.
LU2: Encourage Economic Development
LU2-LDR(A): Encourage adaptive reuse and preservation of existing commercial structures that are
compatible with surrounding community.
LU2-LDR(B): Support mineral extraction in limited areas on larger undeveloped parcels as long as there
are no adverse effects on other environmental resources or living systems, or on public health, safety,
and welfare.
Discussion: A Mineral Resource Overlay allows for mineral extraction in areas where the grading
could prep a site for future residential development, including areas in West Bremerton.
Exhibit B for Comp Plan Ord
DEVELOPMENT STANDARDS
6-110
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(1) Multi-Family Districts provide a medium to
high density residential neighborhood with an ac-
tive and human scaled streetscape to support the
Downtown Regional Center.
(2) Promote infill housing strategies that encour-
age compatibility with existing housing stock,
particularly historic homes on Highland Avenue.
(3) Encourage development to take advantage
of unique views and nearby amenities such as
shorelines, recreational opportunities, or access to
ferries or transit.
(4) Encourage the development of building types
with a coherent relationship to the street in
order to promote social interaction, and achieve
community-wide safety and livability goals. Visual
prominence of surface parking or garages are con-
trary to the pedestrian oriented nature of the MR
zone.
(5) MR-2 promotes an optional courtyard configu-
ration to increase active open space and decrease
impervious surfaces for attached, ground oriented,
multi-family housing.
(6) Multi-family residential buildings are encour-
aged to include green building strategies such as
green roofs, space for urban agriculture, pervious
paving, and natural ventilation.
(7) MR-1 and -2 contains the same dimensional
standards except where noted.
Attachment C:
Downtown Subarea Plan
Amendments
Exhibit C for Comp Plan Ord
DEVELOPMENT STANDARDS
6-111
53% 34!.$!2$3
(1) Per BMC Chapter 20.79, except conditional uses Per BMC 20.79.040 are allowed outright.
,/4 2%15)2%-%.43
(1) Minimum allowable lot size 3,000 sq. ft.
(2) Maximum allowable Impervious Surface* 70% of gross lot area
)NCLUDES ALL IMPERVIOUS SURFACES #ALCULATIONS SHOULD BE BASED UPON THE 3TORMWATER -ANAGEMENT -ANUAL FOR 7ESTERN 7ASHINGTON 3TATE
$EPARTMENT OF %COLOGY
(%)'(4 2%15)2%-%.43 MAXIMUM HEIGHT DESIRED NUMBER OF STORIES
(1) Base Height* 60’ 5-6
(2) Highland Overlay Zone 35’ wall plate
40’ roof peak 3
(3) Waterfront Overlay Zone** 40’ 4
"ASE MAXIMUM IS WITH ALLOWED BONUS TO WITH A 4RANSFER $EVELOPMENT 2IGHT PER OF THIS SECTION
7ITHIN 4HE -&2 7ATERFRONT /VERLAY :ONE MAXIMUM HEIGHTS SHALL BE CALCULATED FROM AN AVERAGE OF EXISTING GRADE ON 7ASHINGTON !VE AT
PARCEL FRONT PROPERTY LINE
05",)# !-%.)49 !.$ /0%. 30!#% 2%15)2%-%.4
(1) Open Space per unit
150 GSF
(2) Exterior common open spaces must meet the following design standards:
I #OURTYARDS SHALL BE IMPROVED WITH PATHWAYS LANDSCAPING AND PEDESTRIAN LIGHTING
II #OMMON OPEN SPACES ARE PREFERRED TO BE VISIBLE FROM THE STREET HOWEVER INTERNAL COURTYARDS ARE ALSO
PERMISSIBLE
III !LL EXTERIOR COMMON OPEN SPACES SHALL BE DESIGNED WITH AMPLE SUNLIGHT PENETRATION
IV %XTERIOR COMMON OPEN SPACES SHALL BE CENTRALLY LOCATED SO THAT A MAJORITY OF RESIDENTS HAVE ACCESS TO USE
V !NY INTERIOR COURTYARD SHALL BE ACTIVATED BY PROXIMITY TO INDIVIDUAL UNIT ENTRANCES OR BE VISIBLE FROM UPPER
UNITS BALCONIES
$%.3)49
There are no maximum density standards; minimum density must be five (5) dwelling units per acre. six (6) dwelling units per acre.
Exhibit C for Comp Plan Ord
DEVELOPMENT STANDARDS
6-116
/.% !.$ 4 7/ &!-),9 2%3)$%.4)!, 2
0520/3% !.$ ).4%.4
(1) Site planning for new housing is encouraged to
be compatible with existing neighborhood scale.
Building volumes should be arranged in order to
contribute to existing neighborhood patterns and
ongoing livability.
(2) Promote infill density through a variety of hous-
ing types including the single party wall attached
townhouses on fee-simple lots, small lot single
family and front to back two-family townhouse
(Two party wall attached) as a condominium, with
alley access.
(3) Ensure all housing units have ground-oriented
entries.
53% 34!.$!2$3
(1) Subject to BMC Chapter 20.60.020-20.60.040
with the following changes and additions according
to allowable building type:
i. Small Lot Single Family House: Small single family
house with open space on all four sides. Minimum
street frontage is twenty five (25) ft. and minimum
lot size is 2,500 GSF.
ii. Single Party Wall Rowhouse: This townhouse
form is a building containing two or more dwell-
ings joined in whole or in part at the side only by a
vertical party wall which is insulated against sound
transmission. Open space is at either the front or
the rear. In some situations, groups of contiguous
units may be arranged around a common open
space.
iii. Double Party Wall Townhouse: Townhouse form
containing (at minimum) four dwellings joined by
two vertical party walls insulated against sound
transmission. These buildings, which may have a
similar character to a detached single family house
contain ground related entrances for each unit
from either the front street or rear alley.
iv. Duplex, Triplex and Fourplex: A building similar
in character to a single family house, this build-
ing type allows up to 4 individual dwelling units.
Each individual unit must contain a ground related
entrance. Units may be configured next to each
other, on top of each other or both. These building
types fit on 40’ wide lots or greater.
v. Detached Accessory Dwelling Unit (DADU):
Per BMC 20.46.010 with the following additions
and subtractions: Accessory dwelling units must be
a detached dwelling as an accessory to the main
structure. A detached accessory dwelling unit may
be incorporated in the garage. Units are subject to
size limitations and must have their own off street
parking spaces. Carriage houses are architecturally
compatible to main house.
(2) Townhouse configurations with internal drive
courts between units are not permitted unless
thirty (30) feet or more spacing between front and
back units is provided.
Exhibit C for Comp Plan Ord
DEVELOPMENT STANDARDS
6-117
4OWNHOUSE
3INGLE
0ARTY 7ALL !TTACHED
MINIMUM
UNITS
4OWNHOUSE
$OUBLE
0ARTY 7ALL !TTACHED
MINIMUM
UNITS
2,550 sq. ft.
$ETACHED 3INGLE
&AMILY SMALL LOT
1,400 sq. ft.1,000 sq. ft. -).)-5- ,/4 3):%
-!8)-5- (%)'(4 30’ top of wall plate
(additional 5’ for shed
roof peak)
35’ top of wall plate
(additonal 5’ shed roof
peak)
35’ top of wall plate
(additonal 5’ for shed
roof peak)
-!8)-5-
"5),$).' #/6%2!'%
60%60%
53%!",% /0%.
30!#% 0%2 5.)4
15% gross lot area 250 sq. ft. per unit 250 sq. ft. per unit
50%
$%.3)49
Minimum
Maximum Five (5) units per acre
Twenty (20) units per acre
i.
ii.
iv.
iii.
$!$5
!,,%9
DADU
!,,%9
STREET
STREET
$UPLEX 4RIPLEX
&OURPLEX
30’ top of wall plate
(additonal 35’ for shed
roof peak)
4,000 sq. ft.
60%
250 sq. ft. per
unit
v.
/7.%23()0 3425#452%Fee Simple Fee Simple/Condo-
minum
Condominium
"5),$).' 490%
Fee Simple
Six (6) units per acre
Exhibit C for Comp Plan Ord
1
Zoning Code Amendments for the
2020 Comprehensive Plan Amendment Docket
ORDINANCE NO. _____
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, for the 2020 Comprehensive Plan
Amendment docket to amend the Zoning code to establish a
citywide minimum density of 6 dwelling units per acre; and
WHEREAS, the City of Bremerton adopted a Comprehensive Plan on May 18,
2016, by Ordinance No. 5299, hereinafter referred to as the “Comprehensive Plan;” and
WHEREAS, the Washington State Growth Management Act ("GMA") requires
internal consistency among comprehensive plan elements and applicable regional plans; and
WHEREAS, the City of Bremerton adopted a Zoning Code on May 18, 2016, by
Ordinance No. 5301 hereinafter referred to as the “Zoning Code;” and
WHEREAS, the City adopted an area-wide land use classification and zoning for
the Comprehensive Plan: Land Use (Ord. No. 5299) and Zoning Code (Ord. No. 5301) on May
18, 2016; and
WHEREAS, the zoning code and maps must be consistent with the
Comprehensive Plan; and
WHEREAS, the City of Bremerton has established a procedure and criteria for
approval for amending City proposed text amendments in the Zoning Code in Title 20.18 of the
BMC. This procedure supports Comprehensive Plan and Zoning Code amendments to be
processed concurrently; and
WHEREAS, the Planning Commission conducted a workshop on the 2020
Comprehensive Plan amendments and associated Zoning Code changes proposal on January 27,
2020; and
WHEREAS, on June 5, 2020, the Washington State Department of Commerce was
notified of the City’s Comprehensive Plan Amendment docket for 2020; and
WHEREAS, on June 5, 2020, a SEPA Determination of Nonsignificance was
issued for amendment docket items with a 14-day comment period; and
WHEREAS, on September 11, 2020, the public was notified by a legal
advertisement in the Kitsap Sun of the opportunity to make comment and participate in the
public hearing by the Planning Commission; and
WHEREAS, on September 21, 2020, the Planning Commission conducted a
public hearing on the 2020 Comprehensive Plan Amendment Docket, and the Planning
Commission recommended the City Council adopt amendments as presented here in this
2
Zoning Code Amendments for the
2020 Comprehensive Plan Amendment Docket
ordinance; and
WHEREAS, on October 14, 2020, the public was notified by a legal
advertisement in the Kitsap Sun of the opportunity to make comment and participate in the
public hearing by the City Council; and
WHEREAS, on October 21, 2020 the City Council conducted a public hearing
and considered all testimony prior to their decision; and
WHEREAs, on the October 21, 2020 the City Council adopted Ordinance No.
_____ which amended the City’s Comprehensive Plan and those amendments require Zoning
Code text change; and
WHEREAS, the proposal meets requirements of the GMA; and
WHEREAS, the proposal is consistent with Kitsap County Countywide Planning
Policies (“KCCPP”); NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Findings and Recitals Incorporated. The findings and recitals set
forth above are hereby incorporated by reference.
SECTION 2. Amend Chapter 20.60 of the Bremerton Municipal Code entitled
“Low Density Residential (R-10)” by amending Subsection 20.60.065 as follows:
20.60.065 ALLOWABLE DENSITY AND LOT AREA.
The purpose of this section is to establish compatible levels of density within existing
neighborhoods. The intent is to allow infill residential development. The following density and
lot area standards are applicable to development within the zone:
(a) Minimum Density. The minimum required density is five (5) six (6) dwellings per
acre.
(b) Maximum Density. The maximum allowed density is ten (10) dwellings per acre.
(c) Maximum Lot Area. The maximum lot area is eight thousand seven hundred twelve
(8,712) seven thousand two hundred sixty (7,260) square feet, with the following exceptions:
(1) The lot area may be modified through the approval of a residential cluster
development pursuant to BMC 20.58.060;
(2) One (1) lot within a proposal for a division of land may exceed eight
thousand seven hundred twelve (8,712) seven thousand two hundred sixty (7,260) square feet,
provided the remaining lots do not exceed the eight thousand seven hundred twelve (8,712)
seven thousand two hundred sixty (7,260) square foot maximum lot size; and
(3) A flag lot that complies with the requirements in BMC 20.44.100 may
exceed eight thousand seven hundred twelve (8,712) seven thousand two hundred sixty (7,260)
3
Zoning Code Amendments for the
2020 Comprehensive Plan Amendment Docket
square feet, provided the total area of the flag lot does not exceed thirteen thousand sixty-eight
(13,068) ten thousand eight hundred ninety (10,890) square feet.
(d) Minimum Lot Area. The minimum allowed lot area is four thousand three hundred
(4,300) square feet.
(e) Exception to Minimum Lot Areas.
(1) The minimum lot area may be modified through the approval of a residential
cluster development pursuant to BMC 20.58.060, provided the development complies with the
maximum density requirement set forth in subsection (b) of this section.
SECTION 3. Amend Chapter 20.78 of the Bremerton Municipal Code entitled
“Medium Density Residential (R-18)” by amending Subsection 20.78.065 as follows:
20.78.065 ALLOWABLE DENSITY AND LOT AREA.
The purpose of this section is to establish compatible levels of density within existing
neighborhoods. The intent is to allow infill residential development. The following density and
lot area standards are applicable to development within the zone:
(a) Minimum Density. The minimum required density is five (5) six (6) dwellings per
acre.
(b) Maximum Density. The maximum allowed density is eighteen (18) dwellings per
acre.
(c) Maximum Lot Area. The maximum lot area is eight thousand seven hundred twelve
(8,712) seven thousand two hundred sixty (7,260) square feet, with the following exceptions:
(1) The lot area may be modified through the approval of a residential cluster
development pursuant to BMC 20.58.060;
(2) One (1) lot within a proposal for a division of land may exceed eight
thousand seven hundred twelve (8,712) seven thousand two hundred sixty (7,260) square feet,
provided the remaining lots do not exceed the eight thousand seven hundred twelve (8,712)
seven thousand two hundred sixty (7,260) square foot maximum lot size; and
(3) A flag lot that complies with the requirements in BMC 20.44.100 may
exceed eight thousand seven hundred twelve (8,712) seven thousand two hundred sixty (7,260)
square feet, provided the total area of the flag lot does not exceed thirteen thousand sixty-eight
(13,068) ten thousand eight hundred ninety (10,890) square feet.
(d) Minimum Lot Area. The minimum allowed lot area is two thousand five hundred
(2,500) square feet.
(e) Exception to Minimum Lot Areas.
(1) The minimum lot area may be modified through the approval of a residential
cluster development pursuant to BMC 20.58.060, provided the development complies with the
maximum density requirement set forth in subsection (b) of this section.
SECTION 4. Corrections. The City Clerk and codifiers of this ordinance are
authorized to make necessary corrections to this ordinance, including but not limited to, the
correction of scrivener, clerical, typographical, and spelling errors, references, ordinance
numbering, section/subsection numbers and any references thereto
4
Zoning Code Amendments for the
2020 Comprehensive Plan Amendment Docket
SECTION 5. Severability. If any provision of this ordinance is held invalid or
unconstitutional, such invalidity or unconstitutionality shall not affect the validity or
constitutionality of the remainder of this ordinance. Provided however, that if any provision of
this ordinance is held invalid or unconstitutional, then the provision in effect prior to the
effective date of this ordinance shall be in full force and effect for that individual provision as if
this ordinance had never been adopted.
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 the___________ day of ____________________, 2020.
ERIC YOUNGER, Council President
Approved this ___________ day of ____________________, 2020.
GREG WHEELER, Mayor
ATTEST: APPROVED AS TO FORM:
ANGELA HOOVER, City Clerk ROGER A. LUBOVICH, City Attorney
PUBLISHED the ________ day of ______________________, 2020.
EFFECTIVE the _________day of ______________________, 2020.
ORDINANCE NO. ______
CITY COUNCIL’S
STUDY SESSION FOR PUBLIC HEARING:
2020 COMPREHENSIVE PLAN
AMENDMENT
AND ASSOCIATED CHANGES TO
DOWNTOWN SUBAREA PLAN AND
ZONING CODE
Presented by Allison Satter, Planning Manager
Assisted by Isaac Gloor, Planner
Study Session –10/14/2020
Public Hearing –10/21/2020
1
COMPREHENSIVE
PLAN AND
ZONING CODE
•Blueprint document with vision,
goals and policies
•Harder to change (only allowed
once a year*)
•Subarea plans
•Criteria of Approval via BMC 20.10
Comprehensive
Plan
=
20-Year Vision
•Specifics to developing a property
•Setbacks, lot coverage, allowed uses,
how much parking and landscaping,
sign specifics, design, etc.
•Can be changes whenever, if need
be (public process)
•Criteria of Approval via BMC 20.18
Zoning Code
=
Development
Regulations
2
2020 DOCKET:
ONE
AMENDMENT
•City proposed
•Amend the minimum
residential density
•Current: 5 dwelling units per
acre (du/a)
•Proposed: 6 du/a
•Planning Commission
asked the City to consider
7 du/a, after feedback,
6 du/a is final proposal
3
BACKGROUND
•Why propose this amendment?
•2019: Washington State Legislature
passed HB 1923
•Contains menu of incentivized
recommendations to increase supply
of affordable housing
•Planning Commission has
unanimously voted on:
a.Establish a minimum of 6 dwelling
units per acre
To be discussed later:
b.Accessory Dwelling Units (ADUs)
(December 16, 2020 Public
Hearing with Council)
c.Cluster Housing (Early 2021)
4
WHAT DOES
CODE CHANGES
REQUIRE?
EXAMPLE
•Attachment A –
Comprehensive Plan
(density)
5
•Attachment B –
Zoning Code
•(density and lot size when subdividing)
REAL EXAMPLE: CURRENT CODE MINIMUM
1 acre lot;
Requires 5 du/a minimum
#5 #4 #3 #2 #1
6
REAL EXAMPLE: PROPOSED AMENDMENT MINIMUM
If adopted, the new minimum for a new subdivision is 6 du/a:
#6 #5 #4 #3 #2 #1
7
REAL EXAMPLE: ACTUAL PLATTED LOT
0.96 acres for 7 homes
Density: 7 du/a
#1#2#3#4#5
#6
#7
8
WHAT DOES
6 DU/A LOOK
LIKE?
9
10Existing homes will not be required to add more units or increase density
WHAT WILL
CHANGE WHEN
GOING FROM
5 DU/A
TO
6 DU/A
CITYWIDE?
Any Bremerton district or zone that is below
6du/a is proposed to change.
All changes are from 5 du/a to 6 du/a
•Comprehensive Plan:
Low Density Residential (pg. LU-31)
•Associated Zoning Code Sections
•R-10 zone (BMC 20.60)
and
R-18 zone (BMC 20.78)
•Downtown Subarea Plan (two zones):
•Multifamily1 & 2 Zone
and
R-20 Zone
11
WHAT IS THE CITY
CURRENTLY
DEVELOPING AT?
•Very few plats subdivide at the minimum density
•Buildable Lands Review:
•Current average subdivision density: 10.05 du/a
•Recent Subdivisions:
•Bay Vista =
13 du/a for 120 homes
•Greystone (Sylvan Way) =
9.25 du/a for 15 homes
•Sound Ridge (near Sun Fjord Apts) =
10 du/a for 25 homes
•Werner Housing =
7.25 du/a for 240 homes
•Lower Marine Drive =
7 du/a for 2 homes
•Lebo Blvd =
13 du/a for 3 homes
•Pine Blvd =
9.5 du/a for 7 homes
12
WHAT WON’T CHANGE?
Proposal changes the
minimum not the
maximum density
No change to the zoning
maps
No impact to existing
development.
Existing lots do NOT
need to be divided.
13
PUBLIC INPUT
•Two public comments received:
•One comment opposing this amendment, and
urging the City to seek mandates for
affordable housing;
•One comment supportive of greater
residential density
•Two received public testimonies at Planning
Commission Public Hearing
•One comment requesting code changes to
ADUs as that will have more impact then this
code
•One comment in general support
14
AVAILABLE FOR QUESTIONS
15
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: October 14, 2020
Professional Services Agreement with the
Law Offices of Foster Garvey for Legal
Services
COUNCIL MEETING Date: October 21, 2020
Department: City Attorney
Presenter: Roger A. Lubovich
Phone: (360) 473-2345
SUMMARY: In order to meet the current workload, the City Attorney desires to extend the legal
services of Foster Garvey through a contract for general municipal representation. The proposed
agreement extends services provided under the current agreement with Foster Garvey. Due to the
funding limitations of the current agreement, the City desires to enter into the proposed agreement.
ATTACHMENTS: 1) Professional Services Agreement Updated
FISCAL IMPACTS (Include Budgeted Amount): Funds are currently budgeted for 2020 for the City
Attorney’s Office to fulfill the terms of the contract.
STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to approve the Professional Services Agreement between the City of Bremerton and the Law
Offices of Foster Garvey; and authorize the City Attorney 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
A10
Updated
1
PROFESSIONAL SERVICES AGREEMENT
The City of Bremerton ("City") and Law Offices of Foster Garvey ("Retained Counsel"), referred
to collectively as the "Parties," enter into the following Agreement for professional services:
I. Scope:Retained Counsel will represent the City of Bremerton on an as needed basis in
matters related to municipal government services and transactional work as directed by the
City Attorney.
II. Term:This Agreement commences upon execution by the Parties and shall continue in
full force and effect until terminated pursuant to Section V of this Agreement.
III. Compensation:In consideration of the services provided pursuant to this Agreement, the
City shall pay Retained Counsel an hourly rate for services as follows: $595.00 per hour
for Lori A. Terry for legal services provided to the City relating to the Clear Water Act
Citizen lawsuit and $350.00 to $450.00 per hour for other attorneys employed with
Retained Counsel for all legal services provided. Out of pocket expenses will be
reimbursed in accordance with Retained Counsel's standard billing practices. The Parties
agree that the hourly rates for services stated herein may, from time to time, and upon
approval by the City Attorney, be adjusted to reflect current market rates and conditions.
IV. Insurance and Hold Harmless:Retained Counsel shall provide Certificates of Insurance
to the City's Risk Manager verifying the following coverage: a professional liability policy
("E&O") providing coverage of One Million Dollars ($1,000,000) for errors and omissions
committed by Retained Counsel while performing its obligations under this Agreement.
The policy shall remain in full force and effect, and provide coverage for the full term of
this Agreement. Insurer shall provide the Risk Manager with thirty (30) days' written
notice of any cancellation or change of coverage of the policy.
Retained Counsel shall be solely responsible for the acts and failures to act of its personnel,
which arise in any way out of performance of this Agreement. Retained Counsel agrees to
defend, indemnify, and hold harmless the City and its officials and employees from and
against all liability, loss, damages, and expenses, including costs and attorneys' fees,
resulting from actions, claims, and lawsuits arising or alleged to have arisen, in whole or
in part, out of or in consequence of the acts or failures to act of Retained Counsel, its
employees, its subcontractors, its agents, or its assigns in the performance of this
Agreement. The City and Retained Counsel have specifically negotiated Retained
Counsel's waiver of its immunity under Title 51 RCW, which is hereby waived for purposes
of Retained Counsel's indemnification and hold harmless of the City, including the duty to
defend. This provision shall be inapplicable to the extent such action, claim, or lawsuit is
judicially found to arise solely from the acts or failures to act of the City.
V. Termination:The Parties agree that this Agreement will continue in full force and effect
until terminated. Either party may terminate this Agreement at any time, with or without
cause upon 30 days written notice to the other party.
2
VI. General Conditions:
A. Reports and Information: When requested by the City Attorney or a Bremerton
Assistant Attorney, Retained Counsel shall furnish periodic reports and documents
on matters covered by this Agreement. The reports and documents shall be
furnished in the time and form requested.
B. Entire Agreement - Prior Agreements Replaced:This Agreement constitutes
the entire agreement between the Parties. The Parties acknowledge that this
Agreement replaces all prior agreements and there are no other agreements, written
or oral, that have not been set forth in the text of this Agreement.
C. Severability:Should any part of this Agreement be found void, the balance of the
Agreement shall remain in full force and effect.
D. Modification:This Agreement may only be modified by written instrument signed
by both Parties.
E. Notices:Notices shall be in writing and delivered to the following addresses:
CITY:
Roger A. Lubovich, City Attorney
City of Bremerton
345 Sixth Street, Suite 100
Bremerton, WA 98337
RETAINED COUNSEL:
Lori A. Terry
Foster Garvey
1111 Third Avenue
Seattle, WA 98101
F. Waiver:Failure to enforce any provision of this Agreement shall not be deemed a
waiver of that provision. Waiver of any right or power arising out of this
Agreement shall not be deemed a waiver of any other right or power.
G. Compliance with Laws:Retained Counsel shall comply with all applicable
Federal, State and local laws in performing its obligations under this Agreement.
H. Choice of Law and Venue:This Agreement shall be interpreted according to the
laws of the State of Washington. Any judicial action to resolve disputes arising out
of this Agreement shall be brought in Kitsap County Superior Court.
I. Attorneys' Fees:In the event of litigation to enforce any of the terms or provisions
herein, each party shall pay all its own costs and attorneys' fees.
VII. Nondiscrimination: Retained Counsel shall not discriminate in employment or services
to the public on the basis of race, color, national origin, sex, religion, age, marital status,
or disability, except for employment actions based on bona fide occupational qualification.
[SIGNATURES ON NEXT PAGE]
3
CITY OF BREMERTON FOSTER GARVEY
By: Roger A. Lubovich By: Lori A. Terry
Its: City Attorney
Date: Date:
RECEIVED FOR FILING:
Angela Hoover, City Clerk
R:\Legal\Legal\Contracts\LEGAL\2020 Foster Garvey Agreement.docx
FOSTER GARVEY
By: Lori A. Terry
10/12/2020
From: Lori Smith On Behalf Of City Council
Sent: Tuesday, October 13, 2020 5:50 PM
To: City Council
Cc: Roger Lubovich
Subject: October 14 - Opportunity to Sign "Letter of Support" for CHI-Harrison/St. Michael’s Medical
Center Workforce
Attn: Council Members
On behalf of Council Member Lori Wheat, please review the draft letter shown below ahead of the
October 14 Study Session.
During her report under Other General Council Business, she will indicate that during the Study Session is
the only opportunity for Council Members to express their interest in adding their name to the letter.
To avoid quorum issues, please do not respond to this email. All questions and comments will be
addressed during the open session Wednesday night when the subject matter is raised by Council
Member Wheat.
Also, if any questions arise regarding OPMA or other related issues during the meeting, Roger will be
present to address them.
Thank you,
Lori
RE: COVID 19 Outbreak
Dear CHI-Harrison/St. Michael’s Medical Center,
The safety and health of our Kitsap community is paramount during the Covid-19 pandemic. It is
crucial that our hospitals remain open and fully functional to meet the needs of our county. The
hospitals' function is dependent on the health and safety of our essential workers: doctors,
nurses, healthcare workers, and support staff.
The current Covid-19 outbreak at St. Michael's Hospital (also known as Harrison) has brought to
light the ways that CHI Franciscan was unprepared and did not protect workers, patients, and
the community.
We support the hospital workforce in demanding:
1. Rapid testing for all workers
2. Notification to workers of potential exposure within 8 hours
3. Paid administrative leave for staff undergoing testing until results are received, regardless of
whether the staffer is symptomatic
4. Safe staffing levels and patient ratios
5. Hazard Pay
As elected officials, we hear our healthcare workers' and our community's voices and stand
with them in addressing their concerns and needs. We will be monitoring this situation as it
develops and expect CHI to do everything possible to meet the needs of your workers and the
community you serve.
Sincerely,
October 14, 2020 Study Session
C. General Council Business