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HomeMy WebLinkAbout11/09/2022 STUDY SESSION AGENDA PACKET______________________________________________________________ CITY COUNCIL 345 6th Street, Suite 100, Bremerton, WA 98337 Phone (360) 473-5280 WEDNESDAY, NOVEMBER 9, 2022 CITY COUNCIL STUDY SESSION AGENDA Starting at 5:00 PM in the First Floor Meeting Chambers The First Floor Meeting Chambers will be open to the public to attend the Study Session in-person, but there will be no opportunities for input. Public questions or comments may be submitted at any time to City.Council@ci.bremerton.wa.us. Please remember that the content of the Agenda Bill items is subject to change; and no action is anticipated. All Agenda Bill items approved by the Council tonight will be placed on the November 16, 2022 City Council Meeting Agenda, or as indicated… A.BRIEFINGS ON AGENDA ITEMS 1.Professional Services Agreement with Parametrix, Inc. for Stormwater Management Planning Assistance 2.Interlocal Agreement for Special Weapons and Tactics (SWAT) Team 3.Community Project Funding Grant Agreement with US Housing & Urban Development (HUD) for the Quincy Square Project 4.Confirm Appointment of Gregory Dawson to the Bremerton Parks & Recreation Commission 5.2023 Local & Community Projects Program Grant Agreement with the WA State Department of Commerce for the Kiwanis Park Playground Accessibility Upgrade Project 6.Review Operating Agreement with Admiral Theatre Foundation and provide direction for Lodging Tax Advisory Committee related to the Admiral Theatre 7.Interlocal Agreement with the Kitsap County Prosecuting Attorney for Prosecution Services 8.Reclass Vacant Prosecution .5 Rule 9 Position to a .5 Clerical Support Position 9.Proposed Public Hearing on Ordinance to approve and adopt the Final City of Bremerton Budget for FY-2023 10.Race Equity Advisory Committee – Council Committee or Community Member Advisory Committee? B.GENERAL COUNCIL BUSINESS o Race Equity Advisory Committee Briefing (Last Special Meeting 11/01/22) – Vice Chair Jennifer Chamberlin o Public Safety Committee Monthly Briefing (Last Meeting 11/03/22) – Chair Jennifer Chamberlin o Other General Council Business C.ADJOURNMENT OF STUDY SESSION Americans with Disabilities Act accommodations provided upon request. Those requiring special accommodations should contact the City Clerk’s Office at (360) 473-5323 at least 24 hours prior to the meeting. AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: November 9, 2022 Professional Services Agreement with Parametrix, Inc. for Stormwater Management Planning Assistance COUNCIL MEETING Date: November 16, 2022 Department: PW&U Engineering Presenter: Chance Berthiaume Phone: (360) 473-5929 SUMMARY: This Professional Services Agreement is to provide assistance to the City of Bremerton with Stormwater Management Planning. Development of the Stormwater Management Action Planning is an annual requirement under the Stormwater NDPES Permit. Work for 2023 generally includes basin assessments, modelling and planning for both stormwater quality and capacity citywide. Using the Municipal Services and Research Center (MSRC) roster, five consultants were reviewed, and Parametrix, Inc. was selected. The Scope of Work was negotiated with them in the amount of $135,000.00 (including sales tax). ATTACHMENTS: 1. Contract; 2. Scope of Work FISCAL IMPACTS (Include Budgeted Amount): This project is budgeted in the Stormwater Operations Fund. The work is supported by an Ecology grant for $210,000. 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 for Stormwater Management Planning Assistance with Parametrix, Inc., in the amount of $135,000.00, including 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 11/09/2021 A1 Bremerton/Parametrix, Inc. Page 1 of 7 Stormwater Management Planning Assistance Rev. 09/2021 PROFESSIONAL SERVICES AGREEMENT Stormwater Management Planning Assistance The City of Bremerton (“City”) and Parametrix Inc. (“Consultant”), referred to collectively as the “Parties,” enter into the following Agreement for professional services: ,Scope:The Consultant agrees to perform the services more specifically described in the Scope of Work, dated OctobeU2022, including any attachments thereto, attached hereto as Exhibit A, which is incorporated by reference herein. The Scope of Work may be modified only pursuant to Section VII.H of this Agreement. If the Scope of Work provides for unspecified additional services such services shall only be performed upon the express written request of the City. Consultant 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. ,,Term:The City and the Consultant agree that work will begin on the tasks described in Exhibit A immediately upon execution of this Agreement. The parties agree that the work described in Exhibit A is to be completed as provided for in the work schedule attached hereto as Exhibit B; provided however, that additional time shall be granted by the City for excusable delays or extra work as provided for in Section X.A of this agreement. ,,,Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Consultant in an amount not to exceed $135,000. Consultant’s charges and bills shall conform to the fee schedule attached hereto as Exhibit C and incorporated herein by this reference. The Consultant shall submit regular billing statements detailing work performed and amount charged on each task or portion thereof. The descriptions shall conform to and fall within the categories set out in the Scope of Work and/or Fee Schedule. Upon receipt of a conforming billing statement, the City shall promptly process payment. PROVIDED, HOWEVER, the City reserves the right to prioritize scoped work and accelerate and/or delay work tasks under the time frame set forth in Section II herein. The Consultant's labor rates and billing fees shall be as delineated in Exhibit C. Consultant shall not perform work beyond the Scope of Work, nor shall be compensated for such work, unless the Scope of Work or amount of compensation is modified pursuant to this Agreement. Consultant shall only be compensated for additional services if requested pursuant to Section I and, if not otherwise provided, such compensation shall be in accordance with Exhibit C. 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 Consultant of its obligations under this Agreement. Bremerton/Parametrix, Inc. Page 2 of 7 Stormwater Management Planning Assistance Rev. 09/2021 IV. Relationship of Parties:Consultant represents that it is skilled in the matters addressed in the Scope of Work and is performing independent functions and responsibilities within its field of expertise. Consultant and its personnel are independent Consultants and not employees of the City. Consultant and its personnel have no authority to bind the City or to control the City’s employees and other Consultants. None of the benefits provided by the City to its employees, including, but not limited to, compensation, insurance, and unemployment insurance are available from the City to the employees, agents, representatives, or sub-consultants of the Consultant. Consultant will be solely and entirely responsible for its acts and for the acts of Consultant's agents, employees, representatives and sub-consultants during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent Consultants to perform the same or similar work. As an independent Consultant, Consultant is responsible for its own management. The City’s administration and enforcement of this Agreement shall not be deemed an exercise of managerial control over Consultant or its personnel. As an independent Consultant, Consultant 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 Consultant. V. Indemnification: A. Consultant 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, unless Consultant is conducting work pursuant to Subsection B below. 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. B. Architects, Engineers and Any Other Professional Listed In and Performing Services Defined in RCW 4.24.115. Should a court of competent jurisdiction determine that Consultant’s services provided pursuant to 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 Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE Bremerton/Parametrix, Inc. Page 3 of 7 Stormwater Management Planning Assistance Rev. 09/2021 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. VI. Insurance:The Consultant 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 hereunder by the Consultant, its agents, representatives, employees, sub-consultants or sub-contractors. Before beginning work on the project described in this Agreement, the Consultant 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 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 3. Excess Liability insurance with limits not less than $1,000,000 limit per occurrence and aggregate; and 4. Professional Liability insurance with limits no less than $1,000,000 limit per occurrence/claim; and 5. 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 Consultant. 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 Consultant and a copy of an endorsement that is acceptable to the City, which names the City as an additional 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 Consultant'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. Bremerton/Parametrix, Inc. Page 4 of 7 Stormwater Management Planning Assistance Rev. 09/2021 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 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. In the event that the Consultant employs other consultants or contractors (sub-consultants or sub-contractors) as part of the work covered by this Agreement, it shall be the Consultant’s responsibility to require and confirm that each sub-consultant or sub-contractor meets the minimum insurance requirements specified above. The Consultant shall, upon demand of the City, deliver to the City copies of such policy or policies of insurance and the receipts for payment of premiums thereon. VII. General Conditions: A. Reports and Information: When requested by the City, Consultant 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. Consultant shall maintain accounting records in accordance with Generally Accepted Accounting Principles (“GAAP”) to substantiate all billed amounts. 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 Consultant in connection with the services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at least the same extent as the Consultant safeguards like information relating to its own business. If such information is publicly available or is already in Consultant's possession or known to it, or is rightfully obtained by the Consultant from third parties, Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise. All data, documents and files created by Consultant under this Agreement may be stored at Consultant's office in Bremerton, Washington. Consultant 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 Consultant pursuant to this Agreement, are instruments of service Bremerton/Parametrix, Inc. Page 5 of 7 Stormwater Management Planning Assistance Rev. 09/2021 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. Use of Photographs and Images. Consultant shall not use or distribute photographs or images depicting City officials, personnel, property, or equipment whether prepared by Consultant or provided by City without prior written consent of the City. The City will not unreasonably withhold its consent. D. Work Performed at Consultant's Risk: Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and sub-consultants in the performance of the work hereunder and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant 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. Place of Work: The Consultant shall perform the work authorized under this Agreement at its offices in Bremerton, Washington. Meetings with the City staff as described in Exhibit A, Scope of Work, shall take place at the City's offices, or at locations mutually agreed upon by the parties. F. 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. G. Severability: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. H. Modification: This Agreement may only be modified by written instrument signed by both Parties. I. 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. Notices to be sent to: Notices to be sent to: CITY: CONSULTANT: Attn: Chance Berthiaume Attn: David Dinkuhn City of Bremerton Parametrix, Inc. 345 6 th Street, Suite 100 60 Washington Ave, Ste 390 Bremerton, WA 98337-1891 Bremerton, WA 98337 J. 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. Bremerton/Parametrix, Inc. Page 6 of 7 Stormwater Management Planning Assistance Rev. 09/2021 K. 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. L. Compliance with Laws: Consultant shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. M. 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. N. 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. O. Assignment: Any assignment of this agreement by the Contractor without the written consent of the City shall be void. VIII. Equal Employment Opportunity Statement:In the hiring of employees for the performance of work under this Agreement, the Consultant, its subcontractors, or any person acting on behalf of Consultant 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. IX. 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. X. Termination:This Agreement shall remain in force until completion and acceptance of the services, 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 Consultant shall include a report showing the status of all items listed in the Scope of Work current through the termination date. If the City receives reimbursement by any federal, state, or other source for work described in Section I herein, and that funding is withdrawn, reduced or limited in any way, or the project is cancelled or substantially reduced after the execution date of this Agreement and prior to the completion of the work, the City may summarily terminate this Agreement. Bremerton/Parametrix, Inc. Page 7 of 7 Stormwater Management Planning Assistance Rev. 09/2021 A. Excusable Delays: The right of Consultant to proceed shall not be terminated nor shall Consultant 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 consultants, 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 Consultant, including, but not restricted to, acts of God, fires, floods, strikes, or weather of unusual severity. PROVIDED, HOWEVER, that the Consultant 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 Consultant 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 Consultant's possession pertaining to this project which may be used by the City without restriction. Any such use not related to the project which Consultant was contracted to perform shall be without liability or legal exposure to the Consultant. XI. Suspension & Debarment. For contracts involving Federal funding, Consultant hereby certifies, by signing this agreement, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Consultant shall provide immediate written notice to the City if at any time it learns that it is or has become ineligible for certification. Should Consultant enter into a covered transaction with another firm, Consultant agrees by signing this agreement that it will verify that the firm with whom it intends to do business is not debarred, suspended, ineligible, excluded or disqualified. IN WITNESS WHEREOF, the parties below have executed this Agreement. CITY: CONSULTANT: CITY OF BREMERTON PARAMETRIX, INC. By:By: Print Name: Greg Wheeler Print Name: Its: Mayor Its: Date:Date: APPROVED AS TO FORM: ATTEST: By:By: Kylie J. Finnell, Bremerton City Attorney Angela Hoover, City Clerk R:\Legal\Legal\Forms\FORMS ON COBWEB\Professional Services Agreement Rev. 09 2021.docx EP&C Division Manager October 27, 2022 Jenifer Young METRIX, INC. NaNaNaNaNaNaNaNaNaNaNaNaNaNaNaNaNaNaNaNaNaNaNaNaNaNaNaNaNaNaNaNaNaNaNaNaNaNaNaNaNamememememememememememememememememememememememememememememememememememememememememememe:Jenifer YoYoYoYoYoYoYoYoYoYoYoYoYoYoYoYoYoYoYoYoYoYoYoYoYoYoYoYoYoYoYoYoYoYoYoung Agreement will be active to June 30, 2023 to allow for additional work or corrections as needed or directed. AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: November 9, 2022 Interlocal Agreement for Special Weapons and Tactics (SWAT) Team COUNCIL MEETING Date: November 16, 2022 Department: Police Presenter: A. Elton/M. Davis Phone: (360) 473-5233 SUMMARY: The Interlocal Agreement is for the purpose of BPD Officers to rejoin the Kitsap County multi-agency SWAT team comprised of local law enforcement for the benefit of law enforcement and the community. Each Party will provide law enforcement services to the citizens of their respective communities. The Parties recognize that responding to certain criminal activity requires specially trained and equipped law enforcement personnel to safely control, contain, and resolve high-risk critical incidents. ATTACHMENTS: Interlocal Agreement for Special Weapons and Tactics (SWAT) Team FISCAL IMPACTS (Include Budgeted Amount): None No additional costs as Bremerton PD will continue to be responsible for the compensation, benefits, training expenses, and all other costs and expenses for its employees. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve and authorize the Mayor to finalize and execute the Interlocal Agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/09/2021 A2 SWAT ILA KC-512-22 1 INTERLOCAL AGREEMENT FOR SPECIAL WEAPONS AND TACTICS (SWAT) TEAM KC-512-22 THIS INTERLOCAL AGREEMENT FOR SPECIAL WEAPONS AND TACTICS TEAM (“Agreement”) is made among Kitsap County, a Washington state political subdivision (“County”), and the City of Poulsbo, a Washington state municipal corporation, the City of Bremerton, a Washington state municipal corporation, and the Washington Department of Fish & Wildlife, a Washington state department, all collectively referred to herein as the “Parties” and individually as a “Party”. RECITALS A. The Interlocal Cooperation Act, Chapter 39.34 RCW, allows public agencies to enter into cooperative agreements to perform governmental services, activity, or undertaking which each is authorized by law to perform. B. Each Party provides law enforcement services to the citizens of their respective communities. The Parties recognize that responding to certain criminal activity requires specially trained and equipped law enforcement personnel to safely control, contain, and resolve high-risk critical incidents such as barricaded subjects, hostage situations, security details, felony stops, execution of search warrants and other incidents that may exceed the capabilities or resources of first responders. C. A multi-jurisdictional approach would function as a force multiplier combining resources to economically expand the capabilities of each agency and provide a mechanism for sharing of material, personnel, knowledge, equipment, and training to increase operational efficiencies. D. The Parties desire to enter into this Agreement to create a multi-jurisdictional Special Weapons and Tactics Team comprised of local law enforcement for the benefit of law enforcement and the community. AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated herein by reference, and mutual promises and covenants, the Parties agree as follows: 1. AUTHORITY. This Agreement is entered into pursuant to chapter 10.93 RCW (Washington Mutual Aid Peace Officers Powers Act) and chapter 39.34 RCW (Interlocal Cooperation Act). 2. ESTABLISHMENT OF SWAT TEAM. The Parties through this Agreement hereby establish the Kitsap County SWAT Team (“SWAT Team” or “Team”) for the purposes identified in this Agreement. The Team will be under the direction and leadership of the Kitsap County Sheriff’s Office (“KCSO”), subject to the KCSO SWAT policies, procedures, and protocols (collectively “Team Policy”). 3. PURPOSE. The purpose of this Agreement is to provide for the joint and cooperative undertaking of the Parties to establish, implement, and manage the Team, identify those persons responsible for administering the Team, and define responsibilities as contemplated in RCW 39.34.030. To accomplish this purpose, the Team does and must operate confidentially without public input. 4. ORGANIZATION. No separate legal or administrative entity is created by this Agreement nor do the Parties intend to create through this Agreement a separate legal or administrative entity subject to suit. 5. ADMINISTRATOR. KCSO shall function as the administrator of the Team in coordination and cooperation with the Parties. By functioning in this capacity, KCSO is not assuming responsibility or liability for the actions, or failures to act, by the other Parties or their respective employees. 6. DURATION. The term of this Agreement is January 1, 2022, through April 30, 2024, unless terminated or extended at the agreement of the Parties. This Agreement may be extended for additional consecutive five (5) year terms, upon the written agreement of the Parties. SWAT ILA KC-512-22 2 7. RESPONSIBILITIES OF THE PARTIES. The Parties acknowledge and agree as follows: A. Each Party agrees to authorize one or more of its sworn law enforcement personnel to participate as active members of the Team subject to the Party’s staffing needs and Team Policy. Each Party reserves the right to make changes in its personnel assigned to the Team, which includes the number of personnel assigned. B. The Team members are sworn law enforcement personnel employed by the Parties that are recruited, selected, trained, equipped, and assigned to the Team as provided in the Team Policy. Team members may be added to or removed from the Team as provided in Team Policy. C. While the Team Policy identifies the minimum standards for selection, nothing in this Agreement shall prohibit a Party from requiring additional agency specific qualification standards and/or training requirements beyond those required in Team Policy. D. Each Party’s assigned Team member is expected to successfully complete a CJTC approved 40-hour basic SWAT course, and to participate in 20-hours of monthly training and 40-hours of annual in-service Team training. The Parties agree to be available to participate in other training as required by the Team Commander and to respond to call-outs and planned operations in compliance with Team Policy. E. The Team leadership shall be selected and perform the functions as provided in Team Policy. The Team Commander is responsible for Team operations. In no event shall this responsibility by KCSO be considered an allocation of liability to KCSO under RCW 10.93.040. F. The Team Commander shall provide an annual report to the Sheriff and Chiefs of the prior year’s training activities, missions, personnel changes, major equipment acquisitions, and anticipated activities for the subsequent year. G. The Parties agree that all personnel assigned to the Team shall comply with all Team Policy when functioning as a Team member. All disciplinary matters shall be the responsibility of the employing Party. It is the sole responsibility of each Party to be familiar with the Team policies and to determine if Team policies conflict with the employing agency policies and procedures. In the event of a conflict between Team policy and a Party’s policy, the Team policy will control for Team activities. H. Each Party agrees to use good faith efforts to cooperate with the other Parties in implementing the intent and furthering the goals of this Agreement and the Team’s mission. I. Nothing in this Agreement shall prohibit or otherwise prevent a Party from sending designated supervisory personnel to any training and/or deployment for the purposes of monitoring and/or evaluating their agency’s personnel, training, and/or equipment. J. The Parties agree to work cooperatively to apply for grant funds that may be available from federal, state, or private sources, to be used in furtherance of Team activities and mission. Such cooperation includes providing the documentation necessary to receive grant funds. 8. EQUIPMENT REQUIREMENTS, MAINTENANCE, AND OPERATION A. For purposes of this Agreement, the term “Equipment” shall refer to any materials, tools, machinery, supplies, vehicles, weapons, and any other personal property used by Team members when performing Team activities. B. Each Party agrees to supply, maintain, repair, and replace the Equipment, uniforms, protective gear, and weapons necessary for its employees to participate as Team members. C. Each Party will work cooperatively with the other Parties and Team Commander to make its facilities, resources, and Equipment available for use by the Team, at no cost to the SWAT ILA KC-512-22 3 Team, for Team activities. The Parties agree to supply, maintain, repair, and replace pooled Team equipment as provided in the Team Policy. D. Each Party shall be responsible for any insurance, repairs, fuel, maintenance, damage or loss to its Equipment and vehicles operated by its employees while participating in the Team activities and shall hold the other Parties harmless for the same. E. A Party receiving Equipment pursuant to this Agreement shall be responsible for the proper care, use, maintenance, repair, replacement, and security of the Equipment from the time the receiving Party receives the Equipment until the Equipment is returned to the providing Party. Should any Equipment be returned in a damaged or deteriorated condition (not attributable to normal wear and tear during proper use), the Party that returned the Equipment in a damaged or deteriorated condition shall pay for the costs of repairing or replacing the Equipment at issue. F. The Parties agree that Equipment provided and/or used under this Agreement shall only be used by personnel qualified in its use through appropriate training and/or supervision. 9. REPORTS. Reports of SWAT Operations shall be generated in the County electronic records management system, maintained as a KCSO record, and assigned a KCSO case number. Team participants shall have access to copies of such reports for use within their respective agencies. 10. INVESTIGATIVE GUIDELINES AND PROCEDURES. After the Team has responded and secured an incident, the Party or entity with jurisdiction will be responsible for processing the crime scene. The Team will assist when requested to the extent possible. 11. LIMITATIONS, INDEPENDENT CAPACITY A. In accordance with RCW 10.93.040, all personnel assigned by a Party to participate as a Team member shall be considered the employees of the primary commissioning agency for all purposes whatsoever, which shall be solely and exclusively responsible for its own employees. All rights, duties, and obligations of the employer shall remain with the primary commissioning agency. The personnel assigned by a Party shall continue under the employment of his or her employer for all purposes whatsoever, including without limitation, any loss, claim, damages, or liabilities arising out of or related to Team activities and/or operations. Each Party agrees to indemnify, defend, and hold harmless the other Parties in any action arising from or related to the negligence of its own employees, including all costs of defense and attorney's fees. B. Each Party and its respective employees and agents shall act as an independent contractor and not as an employee or agent of the Team or another Party to this Agreement. The employees and agents of each Party who are engaged in the performance of this Agreement shall continue to be the employees or agents of that Party. No Party shall have the authority to bind another Party nor control the employees, agents, or contractors of another Party to this Agreement. All rights, duties, and obligations of a Party shall remain with that Party. C. Each Party shall be solely and exclusively responsible for the compensation, benefits, training expenses, and all other costs and expenses for its employees. Each Party will be responsible for ensuring compliance with all applicable laws, collective bargaining agreements, and civil service rules and regulations regarding its own employees. D. Personnel assigned as Team members shall conform to the rules and procedures of their employing agency, as well as Kitsap County SWAT policies and procedures. It is the responsibility of the Team participants to inform the Team Commander of any policy conflicts. All disciplinary matters shall be the responsibility of the Team member’s employer. 12. GENERAL PEACE OFFICER AUTHORITY. Pursuant to RCW 10.93.070, a general authority Washington State peace officer assigned on a full or part-time basis to the Team shall have full police powers to carry out Team activities as identified in the mutual aid agreements on file with SWAT ILA KC-512-22 4 the Washington Association of Sheriffs & Police Chiefs. It is the responsibility of each participating agency to ensure that its employees assigned to the Team have the appropriate legal authority to participate in law enforcement activities with the Team in all geographic locations in which the Team responds. 13. WITHDRAWAL. Any Party may terminate their participation in this Agreement upon 30-days prior written notice to the other Parties. The termination of a Party shall not automatically result in the termination of this Agreement or dissolution of the Team. A terminated Party assumes no responsibility for the acts or omissions occurring after the effective termination date but shall remain liable for acts or omissions occurring prior to the effective date of termination. 14. PROPERTY. The Parties do not anticipate the acquisition of property for the performance of this Agreement and any property acquired by a Party using this Agreement shall be returned to the acquiring Party, unless otherwise agreed. 15. NOTICE. All notices under this Agreement may be delivered or mailed to the Sheriff or Chief of the other Parties’ law enforcement agency. All notices mailed by regular post (including first class) shall be deemed to have been given on the second business day following the date of mailing, if properly mailed and addressed. Notices sent by certified or registered mail shall be deemed to have been given on the day next following the date of mailing, if properly mailed and addressed. For all types of mail, the postmark affixed by the United States Postal Service shall be conclusive evidence of the date of mailing. 16. INDEMNIFICATION A. Each Party shall indemnify, defend, and hold harmless the other Parties, and the other Parties’ officers, employees, and agents from any and all third-party allegations, complaints, losses, claims, damages, attorneys’ fees, or costs for wrongful and/or negligent acts or omissions of the Party and/or its officers, employees, or agents relating to or arising out of Team activities. In the case of allegations, complaints, losses, claims, damages, attorneys’ fees, or costs against more than one Party, any damages allowed shall be levied in proportion to the percentage of fault attributable to each Party, and each Party shall have the right to seek contribution from each of the other Parties in proportion to the percentage of fault attributable to each of the other Parties. The Parties shall cooperate and jointly defend any such matter to the fullest extent allowed by law. Nothing in this Agreement is intended to waive any defense under Title 51 RCW. B. Each Party shall provide notice to the other Parties when a claim or suit has been initiated against the Party for an action related to or arising out of Team activities. 17. NONDISCRIMINATION. No Party shall discriminate against any person based on race, color, creed, religion, national origin, age, sex, marital status, sexual orientation, veteran status, disability, or other circumstance prohibited by federal, state, or local law, and shall comply with Title VI of the Civil Rights Act of 1964, P.L. 88-354 and Americans with Disabilities Act of 1990 in the performance of this Agreement. 18. GOVERNING LAW, VENUE. This Agreement shall be governed by the laws of the State of Washington. Each Party consents to the personal jurisdiction of the Superior Court of the State of Washington for all Party claims, disputes, proceedings, or actions in any way arising under, or relating to, this Agreement or the subject matter of this Agreement. Venue for any such claim shall be exclusively in the Kitsap County Superior Court. 19. FILING. Prior to its entry into force, this Agreement shall be filed with the Kitsap County Auditor’s Office or, alternatively, listed by subject on the website or other electronically retrievable public source in compliance with RCW 39.34.040. 20. ADDITIONAL PARTIES. Additional governmental entities may to be added as a party to this Agreement in the future by executing an addendum to this Agreement executed by the party requesting to begin participation in the SWAT Team and all current Parties to this Agreement. The Addendum must be filed with the Kitsap County Auditor’s Office in compliance with RCW 39.34.040. SWAT ILA KC-512-22 5 21. PRESS AND RELEASE OF INFORMATION. Press releases and/or the release of information to the media will be made by the agency that has the jurisdiction where the event occurred in accordance with the releasing agency’s established media release policy. No unilateral press releases will be made by a Party without the prior approval of the Team Commander. No Party will release the Team tactics, intelligence or other information, the nondisclosure of which is essential to effective law enforcement. RCW 42.56.240. 22. NO JOINT VENTURE. Nothing contained in this Agreement shall be construed as creating any type or manner of partnership, joint venture, or other joint enterprise between the Parties. 23. COMPLIANCE WITH LAWS. The Parties shall exercise their rights and perform their respective obligations under this Agreement in full compliance with all applicable laws, ordinances, rules, and regulations of any public authority having jurisdiction. 24. INTEGRATION. This Agreement contains all terms and conditions agreed upon by the Parties, except necessary operational agreements between Participating Agencies in furtherance hereof and supersedes any other agreement or understanding of the Parties relating to the subject matter of this Agreement. No other understanding, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind the Parties. 25. AMENDMENT. This Agreement may be amended from time to time as deemed appropriate by the Parties, provided, any such amendment shall not become effective unless written and signed by all Participating Agencies with the same formality as this Agreement. 26. IMPLIED CONTRACT TERMS. Each provision of law and any terms required by law to be in the Agreement are made a part of the Agreement as if fully stated in it. 27. NO THIRD-PARTY BENEFICIARY. It is the specific intent of the Parties that this Agreement shall not confer third-party beneficiary status on any non-party, including but not limited to the citizens of any Party’s jurisdiction. 28. WAIVER. A failure by any Party to exercise its rights under this Agreement shall not preclude that Party from subsequent exercise of such rights and shall not constitute a waiver of any other rights under this Agreement unless stated to be such in a writing signed by an authorized representative of the Party. 29. ASSIGNMENT. This Agreement shall not be assigned in whole or in part by any Party to this Agreement. Any attempt to assign this Agreement shall be void. 30. SEVERABILITY. The provisions of this Agreement are severable. Any term or condition of this Agreement or application thereof deemed to be illegal, invalid, or unenforceable, in whole or in part, shall not affect any other term or condition of the Agreement and the Parties’ rights and obligations will be construed and enforced as if the Agreement did not contain the particular provision. 31. SURVIVAL. Those provisions of this Agreement that by their sense and purpose should survive expiration or termination of the Agreement shall so survive. Those provisions include, without limitation, Sections 7 (Responsibilities of the Parties, 11 (Limitations, Independent Capacity), 16 (Indemnification), and 18 (Governing Law, Venue, Waiver of Immunity). 32. HEADINGS. Headings of this Agreement are for convenience only and shall not affect the interpretation of this Agreement. 33. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the Parties and supersedes any other agreement or understanding of the Parties relating to the subject matter of this Agreement. 34. COUNTERPARTS. The Agreement may be executed in several counterparts, each of which will be deemed an original, but all of which together will constitution one and the same agreement. 35. AUTHORIZATION. Any authorizations, actions required or permitted to be taken, and any document required or permitted to be executed under this Agreement will be taken or executed only by a duly authorized representative of the Party. Each Party warrants and SWAT ILA KC-512-22 6 represents to the other that the person signing below has been properly authorized and empowered to execute this Agreement on behalf of the Party for whom they sign. COUNTY OF KITSAP APPROVED AND EXECUTED this ___ day of ________, 2022 ________________________________ JOHN GESE, Kitsap County Sheriff APPROVED AND EXECUTED this ___ day of ________, 2022 KITSAP COUNTY BOARD OF COMMISSIONERS PORT ORCHARD, WASHINGTON ________________________________ ROBERT GELDER, Chair ________________________________ EDWARD E. WOLFE, Commissioner ________________________________ CHARLOTTE GARRIDO, Commissioner ATTEST ________________________________ DANA DANIELS, Clerk of the Board SWAT ILA KC-512-22 7 CITY OF POULSBO APPROVED AND EXECUTED this ___ day of , 2022 By: ____________________________ By: ___________________________ RON HARDING, Chief of Police BECKY ERICKSON, Mayor APPROVED AS TO FORM ATTEST ____________________________ ____________________________ ______________, City Attorney ______________, City Clerk Date: _______________________ Date: _______________________ SWAT ILA KC-512-22 8 CITY OF BREMERTON DATED THIS __ DAY OF _____________________, 2022. _____________________________ _____________________________ TOM WOLFE, CHIEF OF POLICE GREG WHEELER, MAYOR APPROVED AS TO FORM: ATTEST: ________________________________ _____________________________ KYLIE FINNELL, CITY ATTORNEY ANGELA HOOVER, CITY CLERK SWAT ILA KC-512-22 9 DEPARTMENT OF FISH & WILDLIFE APPROVED AND EXECUTED this ___ day of , 2022 APPROVED: APPROVED: _____________________________ _____________________________ AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: November 9, 2022 Community Project Funding Grant Agreement with US Housing & Urban Development (HUD) for the Quincy Square Project COUNCIL MEETING Date: November 16, 2022 Department: PW & U Presenter: K. Ketterer Phone: (360) 473-5334 SUMMARY: The City was awarded Federal Community Project funding for the Quincy Square project. This funding is administered through the Department of Housing and Urban Development. The $2,500,000 will fund construction of Quincy Square on 4th Street from Washington Avenue to Pacific Avenue. Construction includes a keyboard pavement treatment, sidewalk, art, interpretive signage, a stage, street furniture, landscaping, and festival lighting. Design of the project was funded through State appropriation grants and City funds. The federal grant will fund about 50% of the construction with additional construction costs funded with REET, Stormwater, and Water funds. ATTACHMENTS: 1) Grant Award Letter, 2) Site Plan, 3) HUD Funding Agreement FISCAL IMPACTS (Include Budgeted Amount): The total project cost is estimated at $5,050,000, with $4,500,000 in the Transportation Capital Fund, $450,000 in the Stormwater Capital Fund and $100,000 in the Water Capital Fund. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the Community Project Funding Grant Agreement for the Quincy Square Project with the Department of Housing and Urban Development; 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 11/09/2021 A3 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WASHINGTON, D.C. 20410-1000 OFFICE OF COMMUNITY PLANNING AND DEVELOPMENT The Department of Housing and Urban Development (HUD) is pleased to announce the approval of your project narrative and budget for the purposes of issuing a grant agreement for the following FY2022 Economic Development Initiative, Community Project Funding/congressionally directed spending grant (hereafter, CPF grant), as funded by the Congress in the Consolidated Appropriations Act, 2022 (PL 117- 103) (the Act) and as described in the Explanatory Statement accompanying the Act. Grant Number.:B-22-CP-WA-0931 Grantee:City of Bremerton October 4, 2022 Mr. Greg Wheeler 345 6th Street, Suite 100 Bremerton, WA 98337 Director of Public Works and Utilities City of Bremerton Email: Greg.wheeler@ci.bremerton.wa.us Dear Mr. Wheeler: This letter transmits the following documents and guidance that you will need to activate and administer your FY 2022 CPF grant. Project Description:Quincy Square Project Grant Amount:$2,500,000 Grant Agreement for this Award: The Grant Agreement references the provisions, regulations, and requirements for this award. Please read this Grant Agreement carefully and note any attachments which have appendices or special conditions that apply to this grant. The Authorized Representative for grantee must sign and date the Grant Agreement. Please retain a “copy” (either electronic and/or printed) of the signed and dated document for your records pending receipt of the countersigned copy from HUD. Assistance Award/Amendment - HUD Form 1044: The HUD Form 1044 is used to collect and communicate certain grantee and HUD specific information. Please read the HUD Form 1044 carefully, noting the reference to the HUD Government Technical Representative in block 9 (your Grant Officer). The Authorized Representative (Official) for grantee must sign and date the form. Please retain a “copy” (either electronic and/or printed) of the signed document for your records pending receipt of the countersigned copy from HUD. Direct Deposit Sign-Up Form - Standard Form 1199A: This form is used to collect the information necessary to establish an account for the grantee in HUD’s financial system. The form is to be completed by you and your financial institution. Please forward these documents, within 60 days from receipt of this letter, to Rommel Calderwood , Please be sure that the email subject line reads as follows: Grant Number: Grantee Name: FY2022 Community Project Funding Grant: Grant Award Materials If you have any questions regarding these documents or procedures, please contact Rommel Calderwood , in the CPD Congressional Grants Division at Rommel.Calderwood@hud.gov. The Department of Housing and Urban Development looks forward to working with you on this project. ATTACHMENTS: Grant Agreement HUD Form 1044 Standard Form 1199A FY2022 CPF Grant Award Instructions Sincerely, Grant Award Instructions: This document will provide guidance and instructions for administering your CPF grant. HUD’s Congressional Grants Division uses the Disaster Recovery Grants Reporting (DRGR) system for the financial management of these grant funds and periodic reporting of project status and accomplishments for this grant. The Grant Award Instructions provide guidance for various grant administration related actions. Please refer to this document as it includes important information and forms for accessing DRGR, as well as other information concerning reporting requirements. Please ensure that following forms are complete. Return them together as noted below: 1. Signed and dated Grant Agreement; 2. Signed and dated Assistance Award/Amendment Form HUD 1044; 3. Completed Direct Deposit Sign-Up Form Standard Form SF1199A (to be completed by you and your financial institution); 4. Evidence of the ABA number for your depository account, such as a VOIDED blank check, a deposit slip or similar documentation. You will be able to draw down funds upon completion of the following actions: 1. HUD has processed all grant award documents; 2. HUD has forwarded you the DRGR Access Instructions; and 3. After the required certifications and environmental review have been accepted by HUD for the project portion of your grant. Although funds for planning and management development or administration costs may be available prior in advance of a completed environmental review. Robin J. Keegan Deputy Assistant Secretary Economic Development who is the Government Technical Representative serving as the Grant Officer for this grant. These documents must be sent to your Grant Officer via the CPFGrants@hud.gov mailbox, with a “cc” to the Grant Officer’s email address. Please review the Grant Award Instructions for guidance on how to encrypt and send this sensitive information. Page 2 QUINCY SQUARE | DESIGN PROCESS AND COMMUNITY OUTREACH SUMMARY | JUNE 2022 4 QUINCY SQUARE SITE PLAN PACIFIC AVE.ROXY THEATER HOTEL COMMUNITY MURAL 4TH STREET QUINCY SQUARE | PUBLIC MEETING | JANUARY 2022 QUINCY SQUARE DESIGN UPDATES QUINCY SQUARE | PUBLIC MEETING | JANUARY 2022 QUINCY SQUARE DESIGN UPDATES STREET CLOSURE SIGNSINTERACTIVE ELEMENTS AND FURNITURE OUTDOOR STAGE QUINCY JONES FOCUSED SCULPTURE ELEMENT INTERPRETIVE HISTORICAL SIGNAGE, 6 LOCATIONS GRANT AGREEMENT NO. B-22-CP-WA-0931 FY 2022 COMMUNITY PROJECT FUNDING This Grant Agreement between the Department of Housing and Urban Development (HUD) and City of Bremerton (the Grantee) is made pursuant to the authority of the Consolidated Appropriations Act, 2022 (Public Law 117-103) and the Explanatory Statement for Division L of that Act, 2022, which was printed in the House section of the Congressional Record on March 9, 2022 (Explanatory Statement). This Grant Agreement includes and incorporates the Grantee's assurances and certifications, which are attached as Appendix 9. In reliance upon and in consideration of the mutual representations and obligations under this Grant Agreement, HUD and the Grantee agree as follows: Subject to the provisions of the Grant Agreement, HUD will make grant funds in the amount of $2,500,000 available to the Grantee. ARTICLE II. Total Grant Amount 345 6th Street, Suite 100 Bremerton, WA 98337 HV84RG6NYNG4 B-22-CP-WA-0931 14.251 Economic Development Initiative, Community Project Funding, and Miscellaneous Grants Date of grant obligation August 31, 2030 Grantee Name:City of Bremerton Grantee Address: Grantee's Unique Entity Identifier (UEI): Federal Award Identification Number (FAIN) Assistance Listing Number and Name Period of Performance/Budget Period Start Date Period of Performance/Budget Period End Date ARTICLE I. Definitions The definitions at 2 CFR 200.1 apply to this Grant Agreement, except where this Grant Agreement specifically states otherwise. Grant obligation, for the purpose of this Grant Agreement, refers to the date the designated HUD official signs this Grant Agreement. Grantee, for the purpose of this Grant Agreement , may also be referred to as “recipient.” ARTICLE III. Award-Specific Requirements A. Federal Award Description. The Federal funds provided under this Grant Agreement (Grant Funds) must be used for the Grantee’s “project” as identified in the table included in the Explanatory Statement and as further described in the project narrative in Appendix 1 to this Grant Agreement. The project narrative in Appendix 1 may be amended in accordance with conditions under 2 CFR 200.308, provided that the Grantee does not change its project in a manner that would conflict with the express language of the Explanatory Statement. FY 2022 COMMUNITY PROJECT FUNDING GRANT AGREEMENT NO. B-22-CP-WA-0931 B. Approved Budget. The Grantee’s approved budget in Appendix 2 to this Grant Agreement is the most recent line-item budget submitted by the Grantee and approved by HUD for this project. The Grantee may change the amounts budgeted for each activity only as provided by 2 CFR 200.308 and this Grant Agreement . C. Changes to Project Narrative or Budget. To request HUD’s approval for a change in the project narrative or budget, the Grantee must submit a formal letter to the Director of HUD’s Office of Economic Development - Congressional Grants Division through the assigned Grant Officer. The letter, submitted by email to the assigned Grant Officer, must include both justification for the change and a revised line-item budget that includes the requested change. The Grantee is prohibited from changing it s budget in a manner that would conflict with the express language of the Explanatory Statement or the cost limitations provided in Article III, paragraphs C and D of this Grant Agreement. The assigned Grant Officer for this grant is provided in the Award Letter for this grant and found on HUD’s website. The HUD Office of Economic Development – Congressional Grants Division will notify the Grantee in writing, by email, whether HUD approves or disapproves the change and revised budget. If approved, the Grantee must update its budget information in D isaster Recovery Grant Reporting (DRGR) before the Grantee expends Grant Funds in accordance with an approved change. D. Unless explicitly stated in the Explanatory Statement and documented in the approved budget in Appendix 2, no more than 20 percent of the total grant amount may be used for planning and management development costs, as described under 24 CFR 570.205, or administrative costs, as described under 24 CFR 570.206. Program income and eligible activities identified in the description of the Grantee’s “project” in the Explanatory Statement are not subject to this spending limit. This Grant Agreement is not otherwise subject to the Community Development Block Grant regulations at 24 CFR part 570 or Title I of the Housing and Community Development Act of 1974. E. The Grantee may not use any grant funds to reimburse costs incurred before the date HUD signed this Grant Agreement. F. As authorized under 2 CFR 200.307(e)(2), program income must be used for the purposes and under the conditions of this Grant Agreement. In accordance with 2 CFR 200.307(b), costs incidental to the generation of program income may be deducted from gross income to determine program income, provided these costs have not been charged to the grant. G. The Grantee must use the Grant Funds only for costs (including indirect costs) that meet the applicable requirements in 2 CFR part 200 (including appendices). The Grantee’s indirect cost rate information is as provided in Appendix 3 to this Grant Agreement . Unless the Grantee is an Institution of Higher Education, Page 2 FY 2022 COMMUNITY PROJECT FUNDING GRANT AGREEMENT NO. B-22-CP-WA-0931 the Grantee must immediately notify HUD upon any change in the Grantee’s indirect cost rate during the Period of Perform ance, so that HUD can amend the Grant Agreement to reflect the change if necessary. Consistent with 2 CFR Part 200, Appendix III (C.7), if the Grantee is an Institution of Higher Education and has a negotiated rate in effect on the date this Grant Agreement is signed by HUD , the Grantee may use only that rate for its indirect costs during the Period of Performance. H. The Grantee must comply with any specific award conditions that HUD may attach to this Grant Agreement as provided by 2 CFR 200.208. If applicable, these conditions will be listed or added as Appendix 5 to this Grant Agreement . I. The Grantee is responsible for managing the project and ensuring the proper use of the Grant Funds. The Grantee is also responsible for ensuring the completion of the project, the grant closeout, and compliance with all applicable federal requirements. The Grantee may subaward all or a portion of its funds to one or more subrecipients, as identified in the Project Narrative (Appendix 1) or as may be approved by HUD in accordance with 2 CFR 200.308. Subawards are s ubject to the requirements that apply to pass-through entities under 2 CFR Part 200, including 2 CFR 200.332, and other requirements provided by this Grant Agreement. The Grantee is responsible for ensuring each subrecipient complies with all requirements under this Grant Agreement, including the general federal requirements in Article IV. ARTICLE IV. General Federal Requirements A. If the Grantee is a unit of general local government, a State, an Indian Tribe, or an Alaskan Native Village, the Grantee is the Responsible Entity (as defined in 24 CFR part 58) and agrees to assume all of the responsibilities for environmental review and decision- making and action, as specified and required in regulations issued by the Secretary pursuant to the Multifamily Housing Property Disposition Reform Act of 1994 and published in 24 CFR Part 58. B. If the Grantee is a housing authority, redevelopm ent agency, academic institution, hospital or other non-profit organization, the Grantee shall request the unit of general local government, Indian Tribe or Alaskan Native Village, wit hin which the project is located and which exercises land use responsibi lity, to act as Responsible Entity and assume all of the responsibilities for environmental review and decision -making and action as specified in paragraph A above, and the Grantee shall carry out all of the responsibilities of a grantee under 24 CFR Part 58. C. After Grantee’s receipt of the Letter of Invitation for this grant, neither the Grantee nor any of its contractors, subrecipients and other funding and development partners ma y commit or expend grant funds or local funds for project activities (ot her than for planning, management, development and administration activities) Page 3 FY 2022 COMMUNITY PROJECT FUNDING GRANT AGREEMENT NO. B-22-CP-WA-0931 until one of the following occurs: (i) the Responsible Entity has completed the environmental review procedures required by 24 CFR part 58, and HUD has approved the environmental certification and given a release of funds; (ii) the Responsible Entity has determined that the activities are exempt under 24 CFR 58.34 or are categorically excluded and not subject to compliance with en vironmental laws under 24 CFR 58.35(b); or (iii) HUD has performed an environmental review under 24 CFR part 50 and has notified Grantee in writing of environmental approval of the activities. D. Following completion of the environmental review process, the Grantee (recipient) shall exercise oversight, mo nitoring, and enforcement as necessary to assure that decisions and mitigation measures adopted through the environmental rev iew process are carried out during project development and implementation. E. The Grantee must comply with the generally applicable HUD and CPD requirements in 24 CFR Part 5, subpart A, including all applica ble fair housing, and civil rights requirements. If the Grantee is a Tribe or a Tribally Designated Housing Entity (TDHE) as established under 24 CFR 1000.206, the Grantee must comply with the nondiscrimination requirements in 24 CFR 1000.12 in lieu of the nondiscrimination requirements in 24 CFR 5.105(a). The Grantee must report data on the race, color, religion, sex, national origin, age, disability, and family characteristics of persons and households who are applicants for, participants in, or benefic iaries or potential beneficiaries of the Grantee’s project, consistent with the instructions and forms provided by HUD in order to carry out its responsibilities under the Fair Housing Act, Executive Order 11063, Title VI of the Civil Rights Act of 1964, a nd Section 562 of the Housing and Community Development Act of 1987 (e.g. HUD-27061). F. The Grantee must comply with th e Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 CFR part 200, as may be amended from time to time. If 2 CFR part 200 is amended to replace or r enumber sections of part 200 that are cited specifically in this Grant Agreem ent, the part 200 requirements as renumbered or replaced by the amendments will govern the obligations of HUD and the Grantee after those amendment become effective. G. The Grantee must comply with the Award Term in Appendix A to 2 CFR Part 25 (“System for Award Management and Universal Identifier Requirements”) and the Award Term in Appendix A to 2 CFR Part 170 (“Reporting Subawar ds and Executive Compensation”), which are here by incorporated in to and made part of this Grant Agreement. H. If the Total Grant Amount, as provided in Article II of this Grant Agreement, is greater than $500,000, the Grantee must comply with the Award Term and Condition for Grantee Integrity and Performance Matters in Appendix 4 to this Grant Agreement. Page 4 FY 2022 COMMUNITY PROJECT FUNDING GRANT AGREEMENT NO. B-22-CP-WA-0931 I. Unless the Grantee is exempt from the Byrd Amendment as explained below, the Grantee must comply with the provisions of Section 319 of Public Law 101-121, 31 U.S.C. 1352, (the Byrd Amendment) and 24 CFR Part 87, which prohibit recipients of Federal con tracts, grants, or loans from using appropriated funds for lobbying the executive or legislative branches of the Federal Government in connection with a specific contract, grant, loan, or cooperati ve agreement. The Grantee must include in its award documen ts for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements), the requirements for the certification required by Appendix A to 24 CFR Part 87 and for disclosure using Standard Form - LLL (SF-LLL), “Disclosure of Lobbying Activities.” In addition, the Grantee must obtain the executed certification required by Appendix A and an SF-LLL from all covered persons. “Person” is as de fined by 24 CFR Part 87. Consistent with these requirements, the Grantee must sign the certification that is included in Appendix 8 and return it to HUD with this signed agreement. Federally recognized Indian tribes and TDHEs established by Federally recognized Indian tribes as a result of the exercise of the tribe’s sovereign power are excluded from coverage of the Byrd Amendment. State-recognized Indian tribes and TDHEs established only under state law must comply with this requirement. J. The Grantee must comply with drug-free workplace requirements in Subpart B of 2 CFR Part 2429, which adopts the governmentwide implementation (2 CFR Part 182) of sections 5152-5158 of the Drug-Free Workplace Act of 1988, Pub. L. 100 -690, Title V, Subtitle D (41 U.S.C. 701-707). K. The Grantee must comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA) as implemented by regulations at 49 CFR Part 24. The URA applies to acquisitions of real property and relocation occurring as a d irect result of the acquisition, rehabilitation, or demolition of real property for Federal or Federally funded programs or projects. Real property acquisition that receives Federal financial assistance for a program or project, as defined in 49 CFR 24.2, must comply with the acquisition requirements contained in 49 CFR part 24, subpart B. Unless otherwise specified in law, the relocation requirements of the URA and its implementing regulations at 49 CFR part 24, cover any displaced person who moves from re al property or moves personal property from real property as a direct result of acquisition, rehabilitation, or demolition for a program or project receiving HUD financial assistance L. If grant funds are used for purchase, lease, support services, opera tion, or work that may disturb painted surfaces, of pre-1978 housing, you must comply with the lead -based paint evaluation and hazard reduction requirements of HUD's lead - based paint rules (Lead Disclosure; and Lead Safe Housing (24 CFR part 35)), and EPA 's lead- based paint rules (e.g., Repair, Renovation and Painting; Pre-Renovation Education; and Lead Training and Certification (40 CFR part 745)). Page 5 FY 2022 COMMUNITY PROJECT FUNDING GRANT AGREEMENT NO. B-22-CP-WA-0931 M. The Grantee must comply with Section 3 of the Housing and Urban Development Act of 1968 (Section 3), 12 U.S.C. 1701u, and HUD’s regulations at 24 CFR Part 75, as applicable, including the reporting requirements in 24 CFR 75.25. Grants made to Tribes and TDHEs are subject to Indian Preference requirements in Section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5307(b)). As stated in 24 CFR 75.3(c), grants to Tribes and TDHEs are subject to Indian Preference requirements in lieu of Section 3. Grantees that are not exempt from Section 3 must submit annual reports of Section 3 accomplishment Performance M easures in DRGR in January of the calendar year. This report reflects Section 3 accomplishments for the previous calendar year. N. The Grantee must not use any Grant Funds to support any Federal, state, or local project that seeks to use the power of em inent domain, unless eminent domain is employed only for a public use. Public use includes use of funds for mass transit, railroad, airport, seaport, or highway projects, and utility projects which benefit or serve the general public (including energy -related, communication-related, water-related, and waste water-related infrastructure), other structures designated for use by the general public or with other common-carrier or public-utility functions that serve the general public and are subject to regulation and oversight by the government, and projects for the removal of an immediate thr eat to public health and safety or brow nfields, as defined in the Small Business Liability Relief and Brownfields Revitalization Act (Pub. L. 107 - 118). Public use does not include economic development that primarily benefits private entities. O. The Grantee must not use any Grant Funds to mai ntain or establish a computer network that does not block the viewing, downloading, and exchanging of pornography. This requirement does not limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency or any other entit y carrying out criminal investigations, prosecution, or adjudication activities. P. The Grantee must comply with the requirements of the Build America, Buy America (BABA) Act, 41 USC 8301 note, if applicable to the Grantee’s project. Pursuant to HUD’s Notice, “General Applicability Waiver of Build America, Buy America Provisions as Applied to Recipients of HUD Federal Financial Assistance ” (87 FR 26219), any funds obligated by HUD and the Grantee on or after November 14, 2022, are subject to BABA requirements, unless excepted by a waiver. For Tribal recipients/Grantees, including Tribes and TDHEs, HUD’s Notice, “General Applicability Waiver of Build America, Buy America Provisions as Applied to Tribal Recipients of HUD Federal Financial Assistance” (87 FR 26221), establishes that any funds obligated by HUD and the Grantee on or after May 14, 2023, are subject to BABA requirements, unless excepted by a waiver. Additional information on BABA will be available at https://www.hud.gov/program_offices/general_counsel/BABA Page 6 FY 2022 COMMUNITY PROJECT FUNDING GRANT AGREEMENT NO. B-22-CP-WA-0931 Q. The Grantee must administer its Grant Funds in accordance with the Conflict of Interest requirements set forth in Appendix 6 of this Grant Agreement. R. The Grantee must comply with the governmentwide debarment and suspension requirements in 2 CFR part 180 as incorporated and supplemented by HUD’s regulations at 2 CFR Part 2424. S. The Grantee must comply with the award term and condition regarding trafficking in persons in Appendix 7 of this Grant Agreement. ARTICLE V. Drawdown Requirements A. The Grantee may not draw down grant funds until HUD has received and approved any certifications and disclosures required by 24 CFR 87.100 concerning lobbying, if applicable. B. The Grantee must use HUD’s Disaster Recovery Grant Reporting (DRGR) system to draw down grant funds and report to HUD on activities. C. The Grantee must enter activity and budget information in DRGR that is consistent with the activities and budg et HUD approved under this Grant Agreement and complies with HUD’s instructions for entering information in DRGR found in the document titled “Grant Award Instructions ” that accompanies the Grant Agreement . D. The Grantee must only enter activities in DRGR that are described in the Approved Budget (Appendix 2). E. The Grantee must expend all Grant funds in accordance with the activity and budget information in DRGR. F. Each drawdown of grant funds constitutes a representation by the Grantee that the funds will be used in accordance with this Grant Agreement. G. The Grantee must use DRGR to track the use of program income and must report the receipt and use of program income in the reports the Grantee submits to HUD under Article IV of this Grant Agreement. The Grantee must expend program income before drawing down grant funds through DRGR. H. Notwithstanding any other provision of this grant agreement, HUD will not be responsible for payment of any grant funds after the date Treasury closes th e account in accordance with 31 U.S.C. § 1552. Because Treasury may close the account up to one week before the September 30 date specified by 31 U.S.C. § 1552, the grantee is advised to make its final request for payment under the grant no later than Sept ember 15, 2030. Page 7 FY 2022 COMMUNITY PROJECT FUNDING GRANT AGREEMENT NO. B-22-CP-WA-0931 ARTICLE VI. Program-Specific Reporting Requirements. In addition to the general reporting requirements that apply under other provisions of this Agreement, the following program -specific reporting requirements apply to the Grantee: A. The Grantee must submit a performance report in DRGR on a semi-annual basis and must include a completed Federal financial report as an attachment to each performance report in DRGR. Performance reports shall consist of a narrative of work accomplished during the reporting period. During the Period of Performance, the Grantee must submit these reports in DRGR no later than 30 calendar days after the end of the 6- month reporting period. The first of these reporting periods begins on the January or June after the date this Grant Agreement is signed by HUD. B. The performance rep ort must contain the information required for reporting program performance under 2 CFR 200.329(c)(2) and (d), including a comparison of actual accomplishments to the objectives indicated in the Grantee’s project narrative, the reasons why established goals were not met, if appropriate, and additional pertinent information including, when appropriate, analysis and explanation of cost overruns or high unit costs. C. The performance reports must contain the information required for reporting program performance under 2 CFR 200.329(c)(2) and (d), including a comparison of actual accomplishments to the objectives indicated in the Grantee’s Project Narrative (Appendix 1), the reasons for slippage if established objectives were not overruns. D. Financial reports must be submitted using DRGR or such future collections HUD may require and as approved by OMB and listed on the Grants.gov website https://www.grants.gov/web/grants/forms/post -award-reporting-forms.html E. The performance and financial reports will undergo review and approval by HUD. If a report submission is insufficient, HUD will reject the report i n DRGR and identify the corrections the Grantee must make. F. No drawdown of funds will be allowed through DRGR while the Grantee has an overdue performance or financial report. G. The Grantee must report and account for all property acquired or improved with Grant Funds as provided by 2 CFR part 200 using the applicable common forms approved by OMB and provided on the Grants.gov website https://www.grants.gov/web/grants/forms/post-award-reporting-forms.html Page 8 FY 2022 COMMUNITY PROJECT FUNDING GRANT AGREEMENT NO. B-22-CP-WA-0931 This reporting obligation includes submitting status reports on real property at least annually as provided by 2 CFR 200.330, accounting for real and personal property acquired or improved with Grant Funds as part of Project Closeout, and promptly submitting requests for disposition instructions as provided by 2 CFR 200.311(c), 200.313(e), and 200.314(a). ARTICLE VII. Project Closeout. A. The grant will be closed out in accordance with 2 CFR part 200, as may be amended from time to time, except as otherwise specified in this Grant Agreement. B. The Grantee must submit to HUD a written request to closeo ut the grant no later than 30 calendar days after the Grantee has drawn down all Grant funds and completed the activities described in the Project Narrative (Appendix 1). HUD will then send the Closeout Agreement and Closeout Certification to the Grantee. C. At HUD's option, the Grantee may delay initiation of project closeout until the resolution of any findings as a result of the review of semi -annual activity reports in DRGR . If HUD exercises this option, the Grantee must promptly resolve the findings . D. The Grantee recogniz es that the closeout process may entail a review by HUD to determine compliance with the Grant Agreement by the Grantee and all participating parties. The Grantee agrees to cooperate with any HUD review, including reasonable requests for on-site inspection of property acquired or improved with Grant Funds . E. No later than 120 calendar days after the Period of Performance, Grantee shall provide to HUD the following documentation: 1. A Certification of Project Completion. 2. A Grant Closeout Agreement. 3. A final financial report giving the amount and types of project costs charged to the grant (that meet the allowability and allocability requirements of 2 CFR part 200, subpart E); a certification of the costs; and the amounts and sources of other project funds. 4. A final performance report providing a comparison of actual accomplishments with each of the project commitments and objectives in the approved application, the reasons for slippage if established objectives were not met and additional pertinent information including explanation of significant cost overruns. 5. A final property report, if specifically requested by HUD at the time of closeout. Page 9 FY 2022 COMMUNITY PROJECT FUNDING GRANT AGREEMENT NO. B-22-CP-WA-0931 ARTICLE VIII. Default. A default under this Grant Agreement s hall consist of any use of grant funds for a purpose other than as authorized by this Grant Agreement, any noncompliance with statutory, regulatory, or other requirements applicable to the Grant Funds, any other material breach of this Grant Agreement, or any material misrepresentation in the Grantee’s submissions to HUD in anticipation of this award . If the Grantee fails to comply with the terms and conditions of the Grant Agreement, HUD may adjust specific conditions of this Grant Agreement as described i n 2 CFR part 200, as may be amended from time to time. If HUD determines that noncompliance cannot be remedied by imposing additional conditions, HUD may take one or more of the remedies for noncompliance described in 2 CFR part 200, as may be amended fro m time to time. HUD may also terminate all or a part of this award as provided by 2 CFR 200.340 and other applicable provisions of 2 CFR part 200, as may be amended from time to time. Nothing in this Grant Agreement shall be construed as creating or just ifying any claim against the federal government or the Grantee by any third party. ARTICLE IX. HUD Contact Information . Except where this Grant Agreement specific ally states otherwise, all requests, submissions, and reports the Grantee is required to make to HUD under this Grant Agreement must be made in writing via email CPFGrants@hud.gov Page 10 FY 2022 COMMUNITY PROJECT FUNDING GRANT AGREEMENT NO. B-22-CP-WA-0931 This agreement is hereby executed on behalf of the parties as follows: GRANTEE ______________________________________________________ (Name of Organization) BY: _________________________________________________ (Signature of Authorized Official) _________________________________________________ (Typed Name and Title of Authorized Official) _________________________________________________ (Date) HUD BY: _________________________________________________ Robin J. Keegan, Deputy Assistant Secretary for Economic Development _________________________________________________ (Date) Page 11 FY 2022 COMMUNITY PROJECT FUNDING GRANT AGREEMENT NO. B-22-CP-WA-0931 APPENDIX 1 – Project Narrative Page 12 FY 2022 COMMUNITY PROJECT FUNDING GRANT AGREEMENT NO. B-22-CP-WA-0931 APPENDIX 2 – Approved Budget Page 13 FY 2022 COMMUNITY PROJECT FUNDING GRANT AGREEMENT NO. B-22-CP-WA-0931 APPENDIX 3 – Grantee’s Indirect Cost Rate Information OPTION 1: The Grantee will not use an indirect cost rate to charge its indirect costs to the grant. [This option must be checked if the Grantee has not provided its indirect cost rate information to HUD as specified in the Community Project Funding Grant Guide.] OPTION 2: The Grantee is authorized to use the indirect cost rate(s) identified in the table below to charge its indirect costs to the grant , provided that each rate identified meets the applicable requirements under 2 CFR part 200 (including appendices). Agency/Dept./Major Function Indirect cost rate Direct Cost Base _________________________ _____________% ______________ _________________________ _____________% ______________ [This schedule must include each indirect cost rate that will be used to calculate the Grantee’s indirect costs under the grant. The schedule must also specify the type of dire ct cost base to which each included rate applies (for example, Modified Total Direct Costs (MTDC)). Do not include indirect cost rate information for subrecipients. For government entities, enter each agency or department that will carry out activities under the grant, the indirect cost rate applicable to each dep artment/agency (including if the de minimis rate is used per 2 CFR 200.414), and the type of direct cost base to which the rate will be applied. For nonprofit organizations that use the Simp lified Allocation Method for indirect costs or elects to use the de minimis rate of 10% of Modified Total Direct Costs in accordance with 2 CFR 200.414, enter the applicable indirect cost rate and type of direct cost base in the first row of the table. For nonprofit organizations that use the Multiple Allocation Base Method, enter each major function of the organization for which a rate was developed and will be used under the grant, the indirect cost rate applicable to that major function, and the type of direct cost base to which the rate will be applied.] Page 14 FY 2022 COMMUNITY PROJECT FUNDING GRANT AGREEMENT NO. B-22-CP-WA-0931 APPENDIX 4 – Award Term and Condition for Grantee Integrity and Performance Matters Reporting of Matters Related to Grantee Integrity and Performance 1. General Reporting Requirement If the total value of the Grantee’s currently active grants, cooperative agreements, and procurement contracts from all Federal awarding agencies exceeds $10,000,000 for any period of time during the period of performance of this Federal award, then during that p eriod of time the Grantee must maintain the currency of information reported to the System for Award Management (SAM) that is made available in the designated integrity and performance system (currently the Federal Awardee Performance and Integrity Informa tion System (FAPIIS)) about civil, criminal, or administrative proceedings described in paragraph 2 of this award term and condition. This is a statutory requirement under section 872 of Public Law 110 -417, as amended (41 U.S.C. 2313). As required by secti on 3010 of Public Law 111-212, all information posted in the designated integrity and performance system on or after April 15, 2011, except past performance reviews required for Federal procurement contracts, will be publicly available. 2. Proceedings About Which Grantee Must Report During any period of time when the Grantee is subject to the requirement in paragraph 1 of this award term and condition, the Grantee must submit the information required about each proceeding that: a. Is in connection with the award or performance of a grant, cooperative agreement, or procurement contract from the Federal Government; b. Reached its final disposition during the most recent five -year period; and c. Is one of the following: (1) A criminal proceeding that resulted in a conviction, as defined in paragraph 5 of this award term and condition; (2) A civil proceeding that resulted in a finding of fault and liability and payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more; (3) An administrative proceeding, as defined in paragraph 5. of this award term and condition, that resulted in a finding of fault and liability and the Grantee’s payment of either a monetary fine or penalty of $5,000 or more or reimbursem ent, restitution, or damages in excess of $100,000; or (4) Any other criminal, civil, or administrative proceeding if: (i) It could have led to an outcome described in paragraph 2.c.(1), (2), or (3) of this award term and condition; Page 15 FY 2022 COMMUNITY PROJECT FUNDING GRANT AGREEMENT NO. B-22-CP-WA-0931 (ii) It had a different disposition arrived at by consent or compromise with an acknowledgment of fault on the Grantee’s part; and (iii) The requirement in this award term and condition to disclose information about the proceeding does not conflict with applicable laws and regulations. 3. Reporting Procedures During any period of time when the Grantee is subject to the requirement in paragraph 1 of this award term and condition, the Grantee must enter in the SAM Entity Management area the information that SAM requires about each proceeding described in paragraph 2 of this award term and condition. The Grantee does not need to submit the information a second time under assistance awards that the Grantee received if the Grantee already provided the informati on through SAM because the Grantee was required to do so under Federal procurement contracts that the Grantee was awarded. 4. Reporting Frequency During any period of time when the Grantee is subject to the requirement in paragraph 1 of this award term and condition, the Grantee must report proceedings information through SAM for the most recent five-year period, either to report new information about any proceeding(s) that the Grantee has not reported previously or affirm that there is no new information to report. If the Grantee has Federal contract, grant, and cooperative agreement awards with a cumulative total value greater than $10,000,000, the Grantee must disclose semiannually any information about the criminal, civil, and administrative proceedings. 5. Definitions For purposes of this award term and condition: a. Administrative proceeding means a non -judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Adm inistrative proceedings, Civilian Board of Contract Appeals proceedings, and Armed Services Board of Contract Appeals proceedings). This includes proceedings at the Federal and State l evel but only in connection with performance of a Federal contract or gr ant. It does not include audits, site visits, corrective plans, or inspection of deliverables. b. Conviction, for purposes of this award term and condition, means a judgment or convic tion of a criminal offense by any court of competent jurisdiction, wheth er entered upon a verdict or a plea, and includes a conviction entered upon a plea of nolo contendere. c. Total value of currently active grants, cooperative agreements, and procureme nt contracts includes— (1) Only the Federal share of the funding under any Federal award with a cost share or match requirement; and (2) The value of all expected funding increments under a Federal award and options, even if not yet exercised. Page 16 FY 2022 COMMUNITY PROJECT FUNDING GRANT AGREEMENT NO. B-22-CP-WA-0931 APPENDIX 5 – Specific Award Conditions [NONE] Page 17 FY 2022 COMMUNITY PROJECT FUNDING GRANT AGREEMENT NO. B-22-CP-WA-0931 APPENDIX 6 – Conflict of Interest Requirements 1. Conflicts Subject to Procurement Regulations. When procuring property or services, the grantee and its subrecipients shall comply with the applicable conflict-of-interest rules in 2 CFR 200.317 and 2 CFR 200.318(c). In all cases not governed by 2 CFR 200.317 and 2 CFR 200.318(c), the Grantee and its subrecipients must follow the requirements contained in paragraphs 2 -5 below. 2. General prohibition. No person who is an employee, agent, consultant, officer, or elected or appointed official of the Grantee or subrecipient and who exercises or has exercised any functions or responsibilities with respect to assisted activitie s, or who is in a position to participate in a decision making process or gain inside in formation with regard to such activities, may obtain a financial interest or benefit from the activity, or have a financial interest in any contract, subcontract, or agreement with respect thereto, or the proceeds thereunder, either for himself or herself or for those with whom he or she has immediate family or business ties, during his or her tenure or for one year thereafter. Immediate family ties include (whether by b lood, marriage or adoption) the spouse, parent (including a stepparent), child (includin g a stepchild), sibling (including a stepsibling), grandparent, grandchild, and in -laws of a covered person. 3. Exceptions. HUD may grant an exception to the general prohibition in paragraph (ii) upon the Grantee’s written request and satisfaction of the threshold requirements in paragraph (iv), if HUD determines the exception will further the Federal purpose of the award and the effective and efficient administration of the Grantee’s project, taking into account the cumulative effects of the factors in paragraph (v). 4. Threshold requirements for exceptions . HUD will consider an exception only after the Grantee has provided the following documentation: a. A disclosure of the nature of the conflict, accompanied by an assurance that there has been public disclosure of the conflict and a description of how th at disclosure was made; and b. An opinion of the Grantee's attorney that the interest for which the exception is sought would not violate state or local law. 5. Factors to be considered for excepti ons. In determining whether to grant a requested exception after the Grantee has satisfactorily met the threshold requireme nts in paragraph (iii), HUD will consider the cumulative effect of the following factors, where applicable: a. Whether the exception would provide a significant cost benefit or an essential degree of expertise to the program or project that would otherwi se not be available; b. Whether an opportunity was provided for open competitive bidding or negotiation; c. Whether the person affected is a member of a group or class of low - or moderate-income persons intended to be the beneficiaries of the assisted activity, and the exception Page 18 FY 2022 COMMUNITY PROJECT FUNDING GRANT AGREEMENT NO. B-22-CP-WA-0931 will permit such person to receive generally the same interests or benefits as are being made available or provided to the group or class; d. Whether the affected person has withdrawn from his or her functions or responsibilities, or the decision -making process regarding the assisted activity in question; e. Whether the interest or benefit was present before the affected person was in a position as described in paragraph (ii); f. Whether undue hardship will result either to the Grantee or the person affected when weighed against the public interest served b y avoiding the prohibited conflict; and g. Any other relevant considerations. 6. Disclosure of potential conflicts of interest. The Grantee must disclose in writing to HUD any potential conflict of interest. Page 19 FY 2022 COMMUNITY PROJECT FUNDING GRANT AGREEMENT NO. B-22-CP-WA-0931 APPENDIX 7 – Award Term and Condition Regarding Trafficking in Persons The following award term and condition, which is required by 2 CFR part 175, applies as written: a. Provisions applicable to a grantee that is a private entity. 1.You as the grantee, your employees, subrecipients under this award, and subrecipients' employees may not— i. Engage in severe forms of trafficking in persons during the period of time that the award is in effect; ii. Procure a commercial sex act du ring the period of time that the award is in effect; or iii. Use forced labor in the performance of the award or subawards under the award. 2.We as the Federal awarding agency may unilaterally terminate this award, without penalty, if you or a subrecipient that is a private entity: i. Is determined to have violated a prohibition in paragraph a.1 of this award term; or ii. Has an employee who is determined by the agency official authorized to terminate the award to have violated a prohibition in p aragraph a.1 of this award term through conduct that is either — A. Associated with performance under this award; or B. Imputed to you or the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR Part 180, “OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement),” as implemented by HUD at 2 CFR 2424. b. Provision applicable to a grantee other than a private entity. We as the Federal awarding agency may u nilaterally terminate this award, without penalty, if a subrecipient that is a private entity — 1. Is determined to have violated an applicable prohibition in paragraph a.1 of this award term; or 2. Has an employee who is determined by the agency offic ial authorized to terminate the award to have violated an applicable prohibition in paragraph a.1 of this award term through conduct that is either: Page 20 FY 2022 COMMUNITY PROJECT FUNDING GRANT AGREEMENT NO. B-22-CP-WA-0931 i. Associated with performance under this award; or ii. Imputed to the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR part 180, “OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement ),” as implemented by HUD at 2 CFR 2424. c. Provisions applicable to any grantee. 1. You must inform us immediately of any information you receive from any source alleging a violation of a prohibition in paragraph a.1 of this award term. 2. Our right to terminate unilaterally that is described in paragraph a.2 or b of this section: i. Implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C. 7104(g)), and ii. Is in addition to all other remedies for noncompliance that are available to us under this award. 3. You must include the requirements of paragraph a.1 of this award term in any subaward you make to a private entity. d. Definitions. For purposes of t his award term: 1.“Employee” means either: i. An individual employed by you or a subrecipient who is engaged in the performance of the project or program under this award; or ii. Another person engaged in the performance of the project or program under this award and not compensated by you including, but not limited to, a volunteer or individual whose services are contributed by a third party as an in-kind contribution toward cost sharing or matching requirements. 2. “Forced labor” means labor obtained by any of the following methods: the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, de bt bondage, or slavery. Page 21 FY 2022 COMMUNITY PROJECT FUNDING GRANT AGREEMENT NO. B-22-CP-WA-0931 3. “Private entity”: i. Means any entity other than a State, local government, Indian tribe, or foreign public entity, as those terms are defined in 2 CFR 175.25. ii. Includes: A. A nonprofit organization, including any nonprofit institution of higher education, hospital, or tribal organization other than one included in the definition of Indian tribe at 2 CFR 175.25(b). B. A for-profit organization. 4. “Severe forms of traffi cking in persons,” “commercial sex act,” and “coercion” have the meanings given at section 103 of the TVPA, as amended (22 U.S.C. 7102). Page 22 FY 2022 COMMUNITY PROJECT FUNDING GRANT AGREEMENT NO. B-22-CP-WA-0931 APPENDIX 8 – Grantee's Assurances and Certifications Included under this Appendix 9 are: Grantee’s Certification Regarding Lobbying Grantee’s Standard Form SF 424 B, Assurances for Nonconstruction Programs Grantee’s Standard Form SF 424 D, Assuran ces for Construction Programs. Grantee’s Standard Form SF- LLL Disclosure of Lobbying Activities Grantee’s Request for Release of Funds Form 7015.15 and Certification Page 23 FY 2022 COMMUNITY PROJECT FUNDING GRANT AGREEMENT NO. B-22-CP-WA-0931 Certification Regarding Lobbying The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering i nto of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid t o any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or coopera tive agreement, the undersigned shall complete and submit Standard Form -LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. _________________________________________________ (Signature of Authorized Official) _________________________________________________ (Typed Name and Title of Authorized Official) _________________________________________________ (Date) Page 24 •$5.05 million to reconstruct 4th Street from Pacific to Washington •$2.5 million federal appropriation grant awarded to Bremerton in FY 22 for the construction of Quincy Square •Remaining $2.55 million of construction is secured with local funds •Grant is managed by the Department of Housing and Urban Development (HUD) •Agreement with HUD will obligate funds to project Quincy Square Federal Community Projects –Grant Agreement •Project team is pursuing federal environmental permitting (NEPA) •NEPA is required before construction may commence, timeline for process is evolving •Design is nearing completion and project will be ready to go to bid in early 2023. •Construction of project is slated for 2023. •Arts Commission is leading two ad hoc committees to recommend artists for a mural and for a sculpture. •Economic opportunities include construction contract, artwork design and fabrication, construction management, and operations planning Quincy Square Project Update –November 2022 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: November 9, 2022 Confirm Appointment of Gregory Dawson to the Bremerton Parks & Recreation Commission COUNCIL MEETING Date: November 16, 2022 Department: Executive Presenter: Mayor Wheeler Phone: (360) 473-5266 SUMMARY: The Mayor is seeking confirmation for the appointment of Gregory Dawson to the Bremerton Parks & Recreation Commission. The term expires September 29, 2025. ATTACHMENTS: Application to the Commission is available in the Mayor’s office. 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 confirm the appointment of Gregory Dawson to the Bremerton Parks & Recreation Commission for the term expiring September 29, 2025. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/09/2021 A4 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: 2023 Local & Community Projects Program Grant Agreement with the WA State Department of Commerce for the Kiwanis Park Playground Accessibility Upgrade Project Study Session Date: November 9, 2022 COUNCIL MEETING Date: November 16, 2022 Department: Parks and Recreation Presenter: Jeff Elevado Phone: (360) 473-5428 SUMMARY: The attached Department of Commerce Local and Community Projects Program Grant Agreement will provide $160,050 to assist in the replacement of the existing outdated wood play equipment and fall surfacing to enhance durability and accessibility of the Kiwanis Park playground. Improvements include new accessible playground equipment and unitary fall surfacing. This grant requires no matching funds and will be combined with funds donated by the Bremerton Kiwanis Club ATTACHMENTS: 1) Department of Commerce Grant Agreement; 2) Kiwanis Park Playground Concept Site Plan; 3) Kiwanis Park Playground Concept Renderings FISCAL IMPACTS (Include Budgeted Amount): This $160,050 grant requires no matching funds and will be combined with a $130,000 donation from the Kiwanis Club of Bremerton. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to authorize the Mayor to enter into the Agreement with the State of Washington Department of Commerce Grant for the Kiwanis Park Playground Accessibility Upgrade Project; and 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 Washington State Department of Commerce - Ver.06_09_22 www.commerce.wa.gov Grant to City of Bremerton Parks and Recreation through The 2023 Local and Community Projects Program For The purpose of this performance-based contract is to provide funding for the purchase and installation of new outdoor playground equipment and fall surface. Start date: 7/1/2021 TABLE OF CONTENTS Face Sheet ........................................................................................................................ 1 Special Terms and Conditions .......................................................................................... 2 1. Grant Management ................................................................................... 2 2. Compensation ........................................................................................... 2 3. Certification of Funds Performance Measures .......................................... 2 4. Prevailing Wage Law ................................................................................. 3 5. Documentation and Security ..................................................................... 3 6. Basis for Establishing Real Property Values for Acquisitions of Real Property .... 4 7. Expenditures Eligible for Reimbursement ................................................. 4 8. Billing Procedures and Payment ............................................................... 4 9. Subcontractor Data Collection……………………………………………… 5 10. Insurance ................................................................................................... 5 11. Order of Precedence ................................................................................. 7 12. Reduction in Funds ................................................................................... 7 13. Ownership of Project/Capital Facilities ...................................................... 7 14. Change of Ownership or Use for GRANTEE-Owned Property ................. 7 15. Change of Use for Leased Property Performance Measure ..................... 8 16. Modification to the Project Budget ............................................................. 8 17. Signage, Markers and Publications ........................................................... 8 18. Historical and Cultural Artifacts ................................................................. 9 19. Reappropriation ......................................................................................... 9 20. Termination for Fraud or Misrepresentation .............................................. 9 21. Fraud and Other Loss Reporting ............................................................. 10 22. Public Records Act .................................................................................. 10 23. Applicability of Copyright Provisions to Architectural/Engineering Design Work 10 General Terms and Conditions ......................................................................................... 1 1. Definitions .................................................................................................. 1 2. Access to Data .......................................................................................... 1 3. Advance Payments Prohibited .................................................................. 1 4. All Writings Contained Herein ................................................................... 1 5. Amendments ............................................................................................. 1 6. Americans with Disabilities Act (ADA) ....................................................... 2 7. Assignment ................................................................................................ 2 8. Attorney’s Fees ......................................................................................... 2 9. Audit .......................................................................................................... 2 10. Breaches of Other State Contracts ..…………………………………………3 11. Confidentiality/Safeguarding of Information............................................... 3 12. Conflict of Interest ..................................................................................... 3 13. Copyright Provision ................................................................................... 4 14. Disputes .................................................................................................... 4 15. Duplicate Payment .................................................................................... 5 16. Governing Law and Venue ........................................................................ 5 17. Indemnification .......................................................................................... 5 18. Independent Capacity of the Grantee........................................................ 5 19. Industrial Insurance Coverage .................................................................. 5 20. Laws .......................................................................................................... 6 21. Licensing, Accreditation and Registration ................................................. 6 22. Limitation of Authority ................................................................................ 6 23. Noncompliance with Nondiscrimination Laws ........................................... 6 24. Pay Equity……………………………………………………………………….6 25. Political Activities ....................................................................................... 7 26. Publicity ..................................................................................................... 7 27. Recapture .................................................................................................. 7 28. Records Maintenance ............................................................................... 7 29. Registration with Department of Revenue ................................................. 7 30. Right of Inspection…………………………………………………… ……….7 31. Savings ...................................................................................................... 8 32. Severability ................................................................................................ 8 33. Site Security .............................................................................................. 8 34. Subgranting/Subcontracting ...................................................................... 8 35. Survival ...................................................................................................... 8 36. Taxes ......................................................................................................... 8 37. Termination for Cause ............................................................................... 8 38. Termination for Convenience .................................................................... 9 39. Termination Procedures ............................................................................ 9 40. Treatment of Assets ................................................................................ 10 41. Waiver ..................................................................................................... 10 Attachment A, Scope of Work; Attachment B, Budget; Attachment C, Availability of Funds; Attachment D Certification of Prevailing Wages; Attachment E, Certification of LEED FACE SHEET Grant Number: 23-96643-053 Washington State Department of Commerce Local Government Division Community Capital Facilities Unit 1. GRANTEE 2. GRANTEE Doing Business As (optional) City of Bremerton (Parks and Recreation Department) 680 Lebo Blvd. Bremerton, Washington 98038 3. Grantee Representative 4. COMMERCE Representative Jeff Elevado Director of Parks and Recreation (360) 473-5305 jeff.elevado@ci.bremerton.wa.us Keith Yates Project Manager (360) 725-2952 Keith.Yates@commerce.wa.gov P.O. Box 42525 1011 Plum Street SE Olympia, WA 98504-2525 5. Grant Amount 6. Funding Source 7. Start Date 8. End Date $160,050.00 Federal: State: Other: N/A: 7/1/2021 6/30/2025, contingent on reappropriation, 6/30/2023 if funds are not reappropriated 9. Federal Funds (as applicable) N/A Federal Agency N/A CFDA Number N/A 10. Tax ID # 11. SWV # 12. UBI # 13. DUNS # 91-6001231 SWV0000221-00 181-002-539 N/A 14. Grant Purpose The purpose of this performance-based contract is to provide funding for the purchase and installation of new outdoor playground equipment and fall surface as described in Attachment A – Scope of Work (the “Project”). COMMERCE, defined as the Department of Commerce, and the GRANTEE, as defined above, acknowledge and accept the terms of this Grant and attachments and have executed this Grant on the date below to start as of the date and year referenced above. The rights and obligations of both parties to this Grant are governed by this Grant and the following other documents incorporated by reference: Grant Terms and Conditions including Attachment “A” – Scope of Work, Attachment “B” – Budget, Attachment “C” – Certification of Availability of Funds to Complete the Project, Attachment “D” – Certification of the Payment and Reporting of Prevailing Wages, Attachment “E” – Certification of Intent to Enter LEED process. FOR GRANTEE FOR COMMERCE Greg Wheeler, Mayor Date Mark K. Barkley, Assistant Director Date APPROVED AS TO FORM Date 10/5/2022 SPECIAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS 2 THIS CONTRACT, entered into by and between the City of Bremerton (“GRANTEE”), a Local Government, and the Washington State Department of Commerce (“COMMERCE”), WITNESSES THAT: WHEREAS, COMMERCE has the statutory authority under RCW 43.330.050 (5) to cooperate with and provide assistance to local governments, businesses, and community-based organizations; and WHEREAS, COMMERCE is also given the responsibility to administer state funds and programs which are assigned to COMMERCE by the Governor or the Washington State Legislature; and WHEREAS, the Washington State Legislature has, in Laws of 2022, Chapter 296, 1026, made an appropriation to support the 2023 Local and Community Projects Program, and directed COMMERCE to administer those funds; and WHEREAS, the GRANTEE intends to complete the Project, which will result in the purchase and installation of new outdoor playground equipment and fall surface as described in Attachment A – Scope of Work (the “Project”). WHEREAS, the enabling legislation stipulates that the GRANTEE is eligible to receive funding for the Project. NOW, THEREFORE, in consideration of covenants, conditions, performances, and promises hereinafter contained, the parties hereto agree as follows: 1. GRANT MANAGEMENT The Representative for each of the parties shall be responsible for and shall be the contact person for all communications and billings regarding the performance of this Grant. The Representative for COMMERCE and their contact information are identified on the Face Sheet of this Grant. The Representative for the GRANTEE and their contact information are identified on the Face Sheet of this Grant. 2. COMPENSATION COMMERCE shall pay an amount not to exceed $160,050.00 for the capital costs necessary for or incidental to the performance of work as set forth in the Scope of Work. 3. CERTIFICATION OF FUNDS PERFORMANCE MEASURES A. The release of state funds under this contract is contingent upon the GRANTEE certifying that it has expended or has access to funds from non-state sources as set forth in ATTACHMENT C (CERTIFICATION OF THE AVAILABILITY OF FUNDS TO COMPLETE THE PROJECT), hereof. Such non-state sources may consist of a combination of any of the following: i) Eligible Project expenditures prior to the execution of this contract. ii) Cash dedicated to the Project. iii) Funds available through a letter of credit or other binding loan commitment(s). iv) Pledges from foundations or corporations. v) Pledges from individual donors. SPECIAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS 3 vi) The value of real property when acquired solely for the purposes of this Project, as established and evidenced by a current market value appraisal performed by a licensed, professional real estate appraiser, or a current property tax statement. COMMERCE will not consider appraisals for prospective values of such property for the purposes of calculating the amount of non-state matching fund credit. vii) In-kind contributions, subject to COMMERCE’S approval. B. The GRANTEE shall maintain records sufficient to evidence that it has access to or has expended funds from such non-state sources, and shall make such records available for COMMERCE’S review upon reasonable request. 4. PREVAILING WAGE LAW The Project funded under this Grant may be subject to state prevailing wage law (Chapter 39.12 RCW). The GRANTEE is advised to consult the Industrial Statistician at the Washington Department of Labor and Industries to determine whether prevailing wages must be paid. COMMERCE is not responsible for determining whether prevailing wage applies to this Project or for any prevailing wage payments that may be required by law. 5. EXPENDITURES ELIGIBLE FOR REIMBURSEMENT The GRANTEE may be reimbursed, at the rate set forth elsewhere in this contract, for Project expenditures in the following cost categories: A. Real property, and costs directly associated with such purchase, when purchased or acquired solely for the purposes of the Project; B. Design, engineering, architectural, and planning; C. Construction management and observation (from external sources only); D. Construction costs including, but not limited to, the following: Site preparation and improvements; Permits and fees; Labor and materials; Taxes on Project goods and services; Capitalized equipment; Information technology infrastructure; and Landscaping. 6. BILLING PROCEDURES AND PAYMENT COMMERCE shall reimburse the GRANTEE for one-hundred percent (100%) of eligible Project expenditures, up to the maximum payable under this contract. When requesting reimbursement for expenditures made, the GRANTEE shall submit to COMMERCE a signed and completed Invoice Voucher (Form A-19), that documents capitalized Project activity performed – by budget line item – for the billing period. The GRANTEE shall evidence the costs claimed on each voucher by including copies of each invoice received from vendors providing Project goods or services covered by the contract. The GRANTEE shall also provide COMMERCE with a copy of the cancelled check or electronic funds transfer, as applicable, that confirms that they have paid each expenditure being claimed. The cancelled checks or electronic funds transfers may be submitted to COMMERCE at the time the voucher is initially submitted, or within thirty (30) days thereafter. The voucher must be certified (signed) by an official of the GRANTEE with authority to bind the GRANTEE. The final voucher shall be submitted to COMMERCE within sixty (60) days following the completion of work or other termination of this contract, or within fifteen (15) days following the end of SPECIAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS 4 the state biennium unless contract funds are reappropriated by the Legislature in accordance with Section 19, hereof. If GRANTEE has or will be submitting any of the invoices attached to a request for payment for partial reimbursement under another grant contract, GRANTEE must clearly identify such grant contracts in the transmittal letter and request for payment. Each request for payment must be accompanied by a Project Status Report, which describes, in narrative form, the progress made on the Project since the last invoice was submitted, as well as a report of Project status to date. COMMERCE will not release payment for any reimbursement request received unless and until the Project Status Report is received. After approving the Invoice Voucher and Project Status Report, COMMERCE shall promptly remit a warrant to the GRANTEE. COMMERCE will pay GRANTEE upon acceptance of services provided and receipt of properly completed invoices, which shall be submitted to the Representative for COMMERCE not more often than monthly. Payment shall be considered timely if made by COMMERCE within thirty (30) calendar days after receipt of properly completed invoices. Payment shall be sent to the address designated by the GRANTEE. COMMERCE may, in its sole discretion, terminate the Grant or withhold payments claimed by the GRANTEE for services rendered if the GRANTEE fails to satisfactorily comply with any term or condition of this Grant. No payments in advance or in anticipation of services or supplies to be provided under this Agreement shall be made by COMMERCE. Duplication of Billed Costs The GRANTEE shall not bill COMMERCE for services performed under this Agreement, and COMMERCE shall not pay the GRANTEE, if the GRANTEE is entitled to payment or has been or will be paid by any other source, including grants, for that service. Disallowed Costs The GRANTEE is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its subgrantees. 7. SUBCONTRACTOR DATA COLLECTION GRANTEE will submit reports, in a form and format to be provided by Commerce and at intervals as agreed by the parties, regarding work under this Grant performed by subcontractors and the portion of Grant funds expended for work performed by subcontractors, including but not necessarily limited to minority-owned, woman-owned, and veteran-owned business subcontractors. “Subcontractors” shall mean subcontractors of any tier. 8. INSURANCE A. Insurance Requirements for Reimbursable Activities The GRANTEE will maintain appropriate insurance coverage throughout any period in which reimbursable activities are conducted. The intent of the required insurance is to protect the state of Washington should there be any claims, suits, actions, costs, damages or expenses arising from any loss, or negligent or intentional act or omission of the GRANTEE, or Subgrantee, or agents of either, while performing under the terms of this Grant. B. Additional Insurance Requirements During the Term of the Grant The GRANTEE shall provide proof to COMMERCE of the following insurance coverage as applicable: Commercial General Liability Insurance Policy. Provide a Commercial General Liability Insurance Policy, including contractual liability, written on an occurrence basis, in adequate SPECIAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS 5 quantity to protect against legal liability related to this Grant but no less than $1,000,000 per occurrence. Additionally, the GRANTEE is responsible for ensuring that any Subgrantees provide adequate insurance coverage for the activities arising out of subgrants. Commercial General Liability Insurance coverage shall be maintained in full force and effect during the term of this Grant and throughout the commitment period described in Special Terms and Conditions Section 5, 14, and 15. Property Insurance. The GRANTEE shall keep the property insured in an amount sufficient to permit such insurance to be written at all times on a replacement cost basis. Such insurance shall cover the following hazards, as applicable:  Loss or damage by fire and such other risks;  Loss or damage from leakage or sprinkler systems now or hereafter installed in any building on the premises;  Loss or damage by explosion of steam boilers, pressure vessels, oil or gasoline storage tanks or similar apparatus now or hereafter installed in a building or building on the premises. Property Insurance coverage shall be maintained in full force and effect during the term of this Grant and throughout the commitment period described in Special Terms and Conditions Section 5, 14, and 15 Fidelity Insurance. Every officer, director, employee, or agent who is authorized to act on behalf of the GRANTEE for the purpose of receiving or depositing funds into program accounts or issuing financial documents, checks, or other instruments of payment for program costs shall be insured to provide protection against loss: A. The amount of fidelity coverage secured pursuant to this Grant shall be $2,000,000 or the highest of planned reimbursement for the Grant period, whichever is lowest. Fidelity insurance secured pursuant to this paragraph shall name COMMERCE as beneficiary. B. Subgrantees that receive $10,000 or more per year in funding through this Grant shall secure fidelity insurance as noted above. Fidelity insurance secured by Subgrantees pursuant to this paragraph shall name the GRANTEE and the GRANTEE’s fiscal agent as beneficiary. Fidelity Insurance coverage shall be maintained in full force and effect during the term of this Grant. The insurance required shall be issued by an insurance company authorized to do business within the state of Washington. The insurance shall name the state of Washington, its agents, officers, and employees as additional insureds under the insurance policy. All policies shall be primary to any other valid and collectable insurance. The GRANTEE shall instruct the insurers to give COMMERCE thirty (30) calendar days advance notice of any insurance cancellation or modification. The GRANTEE shall provide to COMMERCE copies of insurance instruments or certifications from the insurance issuing agency. The copies or certifications shall show the insurance coverage, the designated beneficiary, who is covered, the amounts, the period of coverage, and that COMMERCE will be provided thirty (30) days advance written notice of cancellation. During the term of the Grant, the GRANTEE shall submit renewal certificates not less than thirty (30) calendar days prior to expiration of each policy required under this section. Professional Liability, Errors and Omissions Insurance for Contractors. The GRANTEE shall require that any contractors providing professional services that are reimbursable under this Grant maintain Professional Liability or Errors and Omissions Insurance. The GRANTEE shall require such contractors to maintain minimum limits of no less than $1,000,000 per occurrence. The state of Washington, its agents, officers, and employees need not be named as additional insureds under these policies. SPECIAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS 6 GRANTEES and Local Governments that Participate in a Self-Insurance Program. Self-Insured/Liability Pool or Self-Insured Risk Management Program – With prior approval from COMMERCE, the GRANTEE may provide the coverage above under a self-insured/liability pool or self-insured risk management program. In order to obtain permission from COMMERCE, the GRANTEE shall provide: (1) a description of its self-insurance program, and (2) a certificate and/or letter of coverage that outlines coverage limits and deductibles. All self-insured risk management programs or self-insured/liability pool financial reports must comply with Generally Accepted Accounting Principles (GAAP) and adhere to accounting standards promulgated by: 1) Governmental Accounting Standards Board (GASB), 2) Financial Accounting Standards Board (FASB), and 3) the Washington State Auditor’s annual instructions for financial reporting. GRANTEE’s participating in joint risk pools shall maintain sufficient documentation to support the aggregate claim liability information reported on the balance sheet. The state of Washington, its agents, and employees need not be named as additional insured under a self-insured property/liability pool, if the pool is prohibited from naming third parties as additional insured. GRANTEE shall provide annually to COMMERCE a summary of coverages and a letter of self insurance, evidencing continued coverage under GRANTEE’s self-insured/liability pool or self- insured risk management program. Such annual summary of coverage and letter of self insurance will be provided on the anniversary of the start date of this Agreement. 9. ORDER OF PRECEDENCE In the event of an inconsistency in this Grant, the inconsistency shall be resolved by giving precedence in the following order:  Applicable federal and state of Washington statutes and regulations  Special Terms and Conditions  General Terms and Conditions  Attachment A – Scope of Work  Attachment B – Budget  Attachment C – Certification of the Availability of Funds to Complete the Project  Attachment D – Certification of the Payment and Reporting of Prevailing Wages  Attachment E – Certification of Intent to Enter the Leadership in Energy and Environmental Design (LEED) Certification Process 10. REDUCTION IN FUNDS In the event state funds appropriated for the work contemplated under this contract are withdrawn, reduced, or limited in any way by the Governor or the Washington State Legislature during the contract period, the parties hereto shall be bound by any such revised funding limitations as implemented at the discretion of COMMERCE, and shall meet and renegotiate the contract accordingly. 11. OWNERSHIP OF PROJECT/CAPITAL FACILITIES COMMERCE makes no claim to any real property improved or constructed with funds awarded under this contract and does not assert and will not acquire any ownership interest in or title to the capital facilities and/or equipment constructed or purchased with state funds under this contract; provided, however, that COMMERCE may be granted a security interest in real property, to secure funds awarded under this contract. This provision does not extend to claims that COMMERCE may bring against the GRANTEE in recapturing funds expended in violation of this contract. 12. CHANGE OF OWNERSHIP OR USE FOR GRANTEE-OWNED PROPERTY A. The GRANTEE understands and agrees that any and all real property or facilities owned by the GRANTEE that are acquired, constructed, or otherwise improved by the GRANTEE using state SPECIAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS 7 funds under this contract, shall be held and used by the GRANTEE for the purpose or purposes stated elsewhere in this contract for a period of at least ten (10) years from the later of: (1) the date the final payment is made hereunder; or (2) the date when the facility improved or acquired with grant funds, or a distinct phase of the Project, is made usable to the public for the purpose intended by the Legislature. B. This provision shall not be construed to prohibit the GRANTEE from selling any property or properties described in this section; Provided, that any such sale shall be subject to prior review and approval by COMMERCE, and that all proceeds from such sale shall be applied to the purchase price of a different facility or facilities of equal or greater value than the original facility and that any such new facility or facilities will be used for the purpose or purposes stated elsewhere in this contract. C. In the event the GRANTEE is found to be out of compliance with this section, the GRANTEE shall repay to the state general fund the principal amount of the grant, plus interest calculated at the rate of interest on state of Washington general obligation bonds issued most closely to the effective date of the legislation in which the subject facility was authorized. Repayment shall be made pursuant to Section 27 (Recapture provision) of the General Terms and Conditions. 13. CHANGE OF USE FOR LEASED PROPERTY PERFORMANCE MEASURE A. The GRANTEE understands and agrees that any facility leased by the GRANTEE that is constructed, renovated, or otherwise improved using state funds under this contract shall be used by the GRANTEE for the purpose or purposes stated elsewhere in this contract for a period of at least ten (10) years from the later of: (1) the date the final payment is made hereunder; or (2) the date when the facility improved or acquired with grant funds, or a distinct phase of the Project, is made usable to the public for the purpose intended by the Legislature. B. In the event the GRANTEE is found to be out of compliance with this section, the GRANTEE shall repay to the state general fund the principal amount of the grant, plus interest calculated at the rate of interest on state of Washington general obligation bonds issued most closely to the effective date of the legislation in which the subject facility was authorized. Repayment shall be made pursuant to Section 27 (Recapture provision) of the General Terms and Conditions. 14. MODIFICATION TO THE PROJECT BUDGET A. Notwithstanding any other provision of this contract, the GRANTEE may, at its discretion, make modifications to line items in the Project Budget (Attachment B), hereof, that will not increase the line item by more than fifteen percent (15%). B. The GRANTEE shall notify COMMERCE in writing (by email or regular mail) when proposing any budget modification or modifications to a line item in the Project Budget (Attachment B,) hereof, that would increase the line item by more than fifteen percent (15%). Conversely, COMMERCE may initiate the budget modification approval process if presented with a request for payment under this contract that would cause one or more budget line items to exceed the 15 percent (15%) threshold increase described above. C. Any such budget modification or modifications as described above shall require the written approval of COMMERCE (by email or regular mail), and such written approval shall amend the Project Budget. Each party to this contract will retain and make any and all documents related to such budget modifications a part of their respective contract file. D. Nothing in this section shall be construed to permit an increase in the amount of funds available for the Project, as set forth in Section 2 of this contract. 15. SIGNAGE, MARKERS AND PUBLICATIONS If, during the period covered by this contract, the GRANTEE displays or circulates any communication, publication, or donor recognition identifying the financial participants in the Project, SPECIAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS 8 any such communication or publication must identify “The Taxpayers of Washington State” as a participant. 16. HISTORICAL AND CULTURAL ARTIFACTS Prior to approval and disbursement of any funds awarded under this Contract, GRANTEE shall cooperate with COMMERCE to complete the requirements of Governor’s Executive Order 21-02 or GRANTEE shall complete a review under Section 106 of the National Historic Preservation Act, if applicable. GRANTEE agrees that the GRANTEE is legally and financially responsible for compliance with all laws, regulations, and agreements related to the preservation of historical or cultural resources and agrees to hold harmless COMMERCE and the state of Washington in relation to any claim related to such historical or cultural resources discovered, disturbed, or damaged as a result of the project funded by this Contract. In addition to the requirements set forth in this Contract, GRANTEE shall, in accordance with Governor’s Executive Order 21-02 as applicable, coordinate with Commerce and the Washington State Department of Archaeology and Historic Preservation (“DAHP”), including any recommended consultation with any affected tribe(s), during Project design and prior to construction to determine the existence of any tribal cultural resources affected by Project. GRANTEE agrees to avoid, minimize, or mitigate impacts to the cultural resource as a continuing prerequisite to receipt of funds under this Contract. The GRANTEE agrees that, unless the GRANTEE is proceeding under an approved historical and cultural monitoring plan or other memorandum of agreement, if historical or cultural artifacts are discovered during construction, the GRANTEE shall immediately stop construction and notify the local historical preservation officer and the state's historical preservation officer at DAHP, and the Commerce Representative identified on the Face Sheet. If human remains are uncovered, the GRANTEE shall report the presence and location of the remains to the coroner and local enforcement immediately, then contact DAHP and the concerned tribe's cultural staff or committee. The GRANTEE shall require this provision to be contained in all subcontracts for work or services related to the Scope of Work attached hereto. In addition to the requirements set forth in this Contract, GRANTEE agrees to comply with RCW 27.44 regarding Indian Graves and Records; RCW 27.53 regarding Archaeological Sites and Resources; RCW 68.60 regarding Abandoned and Historic Cemeteries and Historic Graves; and WAC 25-48 regarding Archaeological Excavation and Removal Permits. Completion of the requirements of Section 106 of the National Historic Preservation Act shall substitute for completion of Governor’s Executive Order 21-02. In the event that the GRANTEE finds it necessary to amend the Scope of Work the GRANTEE may be required to re-comply with Governor's Executive Order 21-02 or Section 106 of the National Historic Preservation Act. 17. REAPPROPRIATION A. The parties hereto understand and agree that any state funds not expended by June 30, 2023 will lapse on that date unless specifically reappropriated by the Washington State Legislature. If funds are so reappropriated, the state's obligation under the terms of this contract shall be contingent upon the terms of such reappropriation. B. In the event any funds awarded under this contract are reappropriated for use in a future biennium, COMMERCE reserves the right to assign a reasonable share of any such reappropriation for administrative costs. SPECIAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS 9 18. TERMINATION FOR FRAUD OR MISREPRESENTATION In the event the GRANTEE commits fraud or makes any misrepresentation in connection with the Grant application or during the performance of this contract, COMMERCE reserves the right to terminate or amend this contract accordingly, including the right to recapture all funds disbursed to the GRANTEE under the Grant. 19. FRAUD AND OTHER LOSS REPORTING Grantee shall report in writing all known or suspected fraud or other loss of any funds or other property furnished under this Contract immediately or as soon as practicable to the Commerce Representative identified on the Face Sheet. 20. PUBLIC RECORDS ACT Notwithstanding General Terms and Conditions Section 11, COMMERCE is a public agency subject to the Public Records Act, Chapter 42.56 RCW (the “PRA”). Under the PRA, all materials relating to the conduct of government or the performance of any governmental or proprietary function prepared, owned, used, or retained by COMMERCE or its functional equivalents are considered public records. The PRA requires that public records responsive to a public records request be promptly produced unless the PRA or an “other statute” exempts such records from production. This Agreement is not intended to alter COMMERCE’s obligations under the PRA. The parties agree that if COMMERCE receives a public records request for files that may include confidential information under General Terms and Conditions Section 11, COMMERCE will notify the other party of the request and of the date that the records will be released to the requester unless GRANTEE obtains a court order enjoining disclosure. If the GRANTEE fails to obtain the court order enjoining disclosure, COMMERCE may release the requested information on the date specified. If the GRANTEE obtains a court order from a court of competent jurisdiction enjoining disclosure pursuant to the PRA, COMMERCE shall maintain the confidentiality of the information per the court order. 21. APPLICABILITY OF COPYRIGHT PROVISIONS TO ARCHITECTURAL/ENGINEERING DESIGN WORK The “Copyright Provisions”, Section 13 of the General Terms and Conditions, are not intended to apply to any architectural and engineering design work funded by this grant. GENERAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS 1 1. DEFINITIONS As used throughout this Grant, the following terms shall have the meaning set forth below: A. “Authorized Representative” shall mean the Director and/or the designee authorized in writing to act on the Director’s behalf. B. “COMMERCE” shall mean the Department of Commerce. C. “Grant” and “Agreement” and “Contract” shall mean the entire written agreement between COMMERCE and the GRANTEE, including any exhibits, attachments, documents, or materials incorporated by reference, and any amendments executed by the parties. D. "GRANTEE" shall mean the entity identified on the face sheet performing service(s) under this Grant, and shall include all employees and agents of the GRANTEE. E. “Personal Information” shall mean information identifiable to any person, including, but not limited to, information that relates to a person’s name, health, finances, education, business, use or receipt of governmental services or other activities, addresses, telephone numbers, social security numbers, driver license numbers, other identifying numbers, and any financial identifiers. F. ”State” shall mean the state of Washington. G. "Subgrantee/subcontractor" shall mean one not in the employment of the GRANTEE, who is performing all or part of those services under this Grant under a separate Grant with the GRANTEE. The terms “subgrantee/subcontractor” refers to any tier. H. “Subrecipient” shall mean a non-federal entity that expends federal awards received from a pass- through entity to carry out a federal program, but does not include an individual that is a beneficiary of such a program. It also excludes vendors that receive federal funds in exchange for goods and/or services in the course of normal trade or commerce. I. “Vendor” is an entity that agrees to provide the amount and kind of services requested by COMMERCE; provides services under the grant only to those beneficiaries individually determined to be eligible by COMMERCE and, provides services on a fee-for-service or per-unit basis with contractual penalties if the entity fails to meet program performance standards. 2. ACCESS TO DATA In compliance with RCW 39.26.180, the GRANTEE shall provide access to data generated under this Grant to COMMERCE, the Joint Legislative Audit and Review Committee, and the Office of the State Auditor at no additional cost. This includes access to all information that supports the findings, conclusions, and recommendations of the GRANTEE’s reports, including computer models and the methodology for those models. 3. ADVANCE PAYMENTS PROHIBITED No payments in advance of or in anticipation of goods or services to be provided under this Grant shall be made by COMMERCE. 4. ALL WRITINGS CONTAINED HEREIN This Grant contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Grant shall be deemed to exist or to bind any of the parties hereto. 5. AMENDMENTS This Grant may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. GENERAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS 2 6. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, also referred to as the “ADA” 28 CFR Part 35 The GRANTEE must comply with the ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunications. 7. ASSIGNMENT Neither this Grant, nor any claim arising under this Grant, shall be transferred or assigned by the GRANTEE without prior written consent of COMMERCE. 8. ATTORNEYS’ FEES Unless expressly permitted under another provision of the Grant, in the event of litigation or other action brought to enforce Grant terms, each party agrees to bear its own attorneys’ fees and costs. 9. AUDIT A. General Requirements COMMERCE reserves the right to require an audit. If required, GRANTEEs are to procure audit services based on the following guidelines. The GRANTEE shall maintain its records and accounts so as to facilitate audits and shall ensure that subgrantees also maintain auditable records. The GRANTEE is responsible for any audit exceptions incurred by its own organization or that of its subgrantees. COMMERCE reserves the right to recover from the GRANTEE all disallowed costs resulting from the audit. Responses to any unresolved management findings and disallowed or questioned costs shall be included with the audit report. The GRANTEE must respond to COMMERCE requests for information or corrective action concerning audit issues within thirty (30) days of the date of request. B. State Funds Requirements In the event an audit is required, if the GRANTEE is a state or local government entity, the Office of the State Auditor shall conduct the audit. Audits of non-profit organizations are to be conducted by a certified public accountant selected by the GRANTEE. The GRANTEE shall include the above audit requirements in any subcontracts. In any case, the GRANTEE’s records must be available for review by COMMERCE. C. Documentation Requirements The GRANTEE must send a copy of the audit report described above no later than nine (9) months after the end of the GRANTEE’s fiscal year(s) by sending a scanned copy to auditreview@commerce.wa.gov or a hard copy to: Department of Commerce ATTN: Audit Review and Resolution Office 1011 Plum Street SE PO Box 42525 Olympia WA 98504-2525 In addition to sending a copy of the audit, when applicable, the GRANTEE must include:  Corrective action plan for audit findings within three (3) months of the audit being received by COMMERCE. GENERAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS 3  Copy of the Management Letter. If the GRANTEE is required to obtain a Single Audit consistent with Circular A-133 requirements, a copy must be provided to COMMERCE; no other report is required. 10. BREACHES OF OTHER STATE CONTRACTS GRANTEE is expected to comply with all other contracts executed between GRANTEE and the State of Washington. A breach (as determined by a court of competent jurisdiction) of any other agreement entered into between GRANTEE and the State of Washington may, in COMMERCE's discretion, be deemed a breach of this Agreement. 11. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION A. “Confidential Information” as used in this section includes: 1. All material provided to the GRANTEE by COMMERCE that is designated as “confidential” by COMMERCE; 2. All material produced by the GRANTEE that is designated as “confidential” by COMMERCE; and 3. All personal information in the possession of the GRANTEE that may not be disclosed under state or federal law. “Personal information” includes but is not limited to information related to a person’s name, health, finances, education, business, use of government services, addresses, telephone numbers, social security number, driver’s license number and other identifying numbers, and “Protected Health Information” under the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA). B. The GRANTEE shall comply with all state and federal laws related to the use, sharing, transfer, sale, or disclosure of Confidential Information. The GRANTEE shall use Confidential Information solely for the purposes of this Grant and shall not use, share, transfer, sell or disclose any Confidential Information to any third party except with the prior written consent of COMMERCE or as may be required by law. The GRANTEE shall take all necessary steps to assure that Confidential Information is safeguarded to prevent unauthorized use, sharing, transfer, sale or disclosure of Confidential Information or violation of any state or federal laws related thereto. Upon request, the GRANTEE shall provide COMMERCE with its policies and procedures on confidentiality. COMMERCE may require changes to such policies and procedures as they apply to this Grant whenever COMMERCE reasonably determines that changes are necessary to prevent unauthorized disclosures. The GRANTEE shall make the changes within the time period specified by COMMERCE. Upon request, the GRANTEE shall immediately return to COMMERCE any Confidential Information that COMMERCE reasonably determines has not been adequately protected by the GRANTEE against unauthorized disclosure. C. Unauthorized Use or Disclosure. The GRANTEE shall notify COMMERCE within five (5) working days of any unauthorized use or disclosure of any confidential information, and shall take necessary steps to mitigate the harmful effects of such use or disclosure. 12. CONFLICT OF INTEREST Notwithstanding any determination by the Executive Ethics Board or other tribunal, COMMERCE may, in its sole discretion, by written notice to the GRANTEE terminate this contract if it is found after due notice and examination by COMMERCE that there is a violation of the Ethics in Public Service Act, Chapters 42.52 RCW and 42.23 RCW; or any similar statute involving the GRANTEE in the procurement of, or performance under this contract. Specific restrictions apply to contracting with current or former state employees pursuant to chapter 42.52 of the Revised Code of Washington. The GRANTEE and their subcontractor(s) must identify any person employed in any capacity by the state of Washington that worked on this Grant, or any matter related to the project funded under this Grant or any other state funded project, including but not limited to formulating or drafting legislation, participating in grant procurement, planning and GENERAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS 4 execution, awarding grants, or monitoring grants, during the 24 month period preceding the start date of this Grant. Any person identified by the GRANTEE and their subcontractors(s) must be identified individually by name, the agency previously or currently employed by, job title or position held, and separation date. If it is determined by COMMERCE that a conflict of interest exists, the GRANTEE may be disqualified from further consideration for the award of a Grant. In the event this contract is terminated as provided above, COMMERCE shall be entitled to pursue the same remedies against the GRANTEE as it could pursue in the event of a breach of the contract by the GRANTEE. The rights and remedies of COMMERCE provided for in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law. The existence of facts upon which COMMERCE makes any determination under this clause shall be an issue and may be reviewed as provided in the “Disputes” clause of this contract. 13. COPYRIGHT PROVISIONS Unless otherwise provided, all Materials produced under this Grant shall be considered "works for hire" as defined by the U.S. Copyright Act and shall be owned by COMMERCE. COMMERCE shall be considered the author of such Materials. In the event the Materials are not considered “works for hire” under the U.S. Copyright laws, the GRANTEE hereby irrevocably assigns all right, title, and interest in all Materials, including all intellectual property rights, moral rights, and rights of publicity to COMMERCE effective from the moment of creation of such Materials. “Materials” means all items in any format and includes, but is not limited to, data, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. “Ownership” includes the right to copyright, patent, register and the ability to transfer these rights. For Materials that are delivered under the Grant, but that incorporate pre-existing materials not produced under the Grant, the GRANTEE hereby grants to COMMERCE a nonexclusive, royalty-free, irrevocable license (with rights to sublicense to others) in such Materials to translate, reproduce, distribute, prepare derivative works, publicly perform, and publicly display. The GRANTEE warrants and represents that the GRANTEE has all rights and permissions, including intellectual property rights, moral rights and rights of publicity, necessary to grant such a license to COMMERCE. The GRANTEE shall exert all reasonable effort to advise COMMERCE, at the time of delivery of Materials furnished under this Grant, of all known or potential invasions of privacy contained therein and of any portion of such document which was not produced in the performance of this Grant. The GRANTEE shall provide COMMERCE with prompt written notice of each notice or claim of infringement received by the GRANTEE with respect to any Materials delivered under this Grant. COMMERCE shall have the right to modify or remove any restrictive markings placed upon the Materials by the GRANTEE. 14. DISPUTES Except as otherwise provided in this Grant, when a dispute arises between the parties and it cannot be resolved by direct negotiation, either party may request a dispute hearing with the Director of COMMERCE, who may designate a neutral person to decide the dispute. The request for a dispute hearing must:  be in writing;  state the disputed issues;  state the relative positions of the parties;  state the GRANTEE's name, address, and Contract number; and  be mailed to the Director and the other party’s (respondent’s) Grant Representative within three (3) working days after the parties agree that they cannot resolve the dispute. The respondent shall send a written answer to the requestor’s statement to both the Director or the Director’s designee and the requestor within five (5) working days. GENERAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS 5 The Director or designee shall review the written statements and reply in writing to both parties within ten (10) working days. The Director or designee may extend this period if necessary by notifying the parties. The decision shall not be admissible in any succeeding judicial or quasi-judicial proceeding. The parties agree that this dispute process shall precede any action in a judicial or quasi-judicial tribunal. Nothing in this Grant shall be construed to limit the parties’ choice of a mutually acceptable alternate dispute resolution (ADR) method in addition to the dispute hearing procedure outlined above. 15. DUPLICATE PAYMENT COMMERCE shall not pay the GRANTEE, if the GRANTEE has charged or will charge the State of Washington or any other party under any other Grant, subgrant/subcontract, or agreement, for the same services or expenses. The GRANTEE certifies that work to be performed under this contract does not duplicate any work to be charged against any other grant, subgrant/subcontract, or agreement. 16. GOVERNING LAW AND VENUE This Grant shall be construed and interpreted in accordance with the laws of the state of Washington, and the venue of any action brought hereunder shall be in the Superior Court for Thurston County. 17. INDEMNIFICATION To the fullest extent permitted by law, the GRANTEE shall indemnify, defend, and hold harmless the state of Washington, COMMERCE, agencies of the state and all officials, agents and employees of the state, from and against all claims for injuries or death arising out of or resulting from the performance of the contract, except injuries and damages caused by the sole negligence of COMMERCE. “Claim” as used in this contract, means any financial loss, claim, suit, action, damage, or expense, including but not limited to attorneys’ fees, attributable for bodily injury, sickness, disease, or death, or injury to or the destruction of tangible property including loss of use resulting therefrom. The GRANTEE’s obligation to indemnify, defend, and hold harmless includes any claim by GRANTEE’s agents, employees, representatives, or any subgrantee/subcontractor or its employees. GRANTEE expressly agrees to indemnify, defend, and hold harmless the State for any claim arising out of or incident to GRANTEE’S or any subgrantee’s/subcontractor’s performance or failure to perform the Grant. GRANTEE’S obligation to indemnify, defend, and hold harmless the State shall not be eliminated or reduced by any actual or alleged concurrent negligence of State or its agents, agencies, employees and officials. The GRANTEE waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend and hold harmless the state and its agencies, officers, agents or employees. 18. INDEPENDENT CAPACITY OF THE GRANTEE The parties intend that an independent contractor relationship will be created by this Grant. The GRANTEE and its employees or agents performing under this Contract are not employees or agents of the state of Washington or COMMERCE. The GRANTEE will not hold itself out as or claim to be an officer or employee of COMMERCE or of the state of Washington by reason hereof, nor will the GRANTEE make any claim of right, privilege or benefit which would accrue to such officer or employee under law. Conduct and control of the work will be solely with the GRANTEE. GENERAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS 6 19. INDUSTRIAL INSURANCE COVERAGE The GRANTEE shall comply with all applicable provisions of Title 51 RCW, Industrial Insurance. If the GRANTEE fails to provide industrial insurance coverage or fails to pay premiums or penalties on behalf of its employees as may be required by law, COMMERCE may collect from the GRANTEE the full amount payable to the Industrial Insurance Accident Fund. COMMERCE may deduct the amount owed by the GRANTEE to the accident fund from the amount payable to the GRANTEE by COMMERCE under this Contract, and transmit the deducted amount to the Department of Labor and Industries, (L&I) Division of Insurance Services. This provision does not waive any of L&I’s rights to collect from the GRANTEE. 20. LAWS The GRANTEE shall comply with all applicable laws, ordinances, codes, regulations and policies of local and state and federal governments, as now or hereafter amended. 21. LICENSING, ACCREDITATION AND REGISTRATION The GRANTEE shall comply with all applicable local, state, and federal licensing, accreditation and registration requirements or standards necessary for the performance of this Contract. 22. LIMITATION OF AUTHORITY Only the Authorized Representative or Authorized Representative’s delegate by writing (delegation to be made prior to action) shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this Contract. Furthermore, any alteration, amendment, modification, or waiver or any clause or condition of this contract is not effective or binding unless made in writing and signed by the Authorized Representative. 23. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS During the performance of this Grant, the GRANTEE shall comply with all federal, state, and local nondiscrimination laws, regulations and policies. In the event of the GRANTEE’s non-compliance or refusal to comply with any nondiscrimination law, regulation or policy, this Grant may be rescinded, canceled or terminated in whole or in part, and the GRANTEE may be declared ineligible for further Grants with COMMERCE. The GRANTEE shall, however, be given a reasonable time in which to cure this noncompliance. Any dispute may be resolved in accordance with the “Disputes” procedure set forth herein. The funds provided under this contract may not be used to fund religious worship, exercise, or instruction. No person shall be required to participate in any religious worship, exercise, or instruction in order to have access to the facilities funded by this grant. 24. PAY EQUITY The GRANTEE agrees to ensure that “similarly employed” individuals in its workforce are compensated as equals, consistent with the following: a. Employees are “similarly employed” if the individuals work for the same employer, the performance of the job requires comparable skill, effort, and responsibility, and the jobs are performed under similar working conditions. Job titles alone are not determinative of whether employees are similarly employed; b. GRANTEE may allow differentials in compensation for its workers if the differentials are based in good faith and on any of the following: (i) A seniority system; a merit system; a system that measures earnings by quantity or quality of production; a bona fide job-related factor or factors; or a bona fide regional difference in compensation levels. GENERAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS 7 (ii) A bona fide job-related factor or factors may include, but not be limited to, education, training, or experience that is: Consistent with business necessity; not based on or derived from a gender-based differential; and accounts for the entire differential. (iii) A bona fide regional difference in compensation level must be: Consistent with business necessity; not based on or derived from a gender-based differential; and account for the entire differential. This Contract may be terminated by COMMERCE, if COMMERCE or the Department of Enterprise services determines that the GRANTEE is not in compliance with this provision. 25. POLITICAL ACTIVITIES Political activity of GRANTEE employees and officers are limited by the State Campaign Finances and Lobbying provisions of Chapter 42.17a RCW and the Federal Hatch Act, 5 USC 1501 - 1508. No funds may be used for working for or against ballot measures or for or against the candidacy of any person for public office. 26. PUBLICITY The GRANTEE agrees not to publish or use any advertising or publicity materials in which the state of Washington or COMMERCE’s name is mentioned, or language used from which the connection with the state of Washington’s or COMMERCE’s name may reasonably be inferred or implied, without the prior written consent of COMMERCE. 27. RECAPTURE In the event that the GRANTEE fails to perform this Grant in accordance with state laws, federal laws, and/or the provisions of this Grant, COMMERCE reserves the right to recapture funds in an amount to compensate COMMERCE for the noncompliance in addition to any other remedies available at law or in equity. Repayment by the GRANTEE of funds under this recapture provision shall occur within the time period specified by COMMERCE. In the alternative, COMMERCE may recapture such funds from payments due under this Grant. 28. RECORDS MAINTENANCE The GRANTEE shall maintain books, records, documents, data and other evidence relating to this Grant and performance of the services described herein, including but not limited to accounting procedures and practices that sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Grant. GRANTEE shall retain such records for a period of six years following the date of final payment. At no additional cost, these records, including materials generated under the Grant, shall be subject at all reasonable times to inspection, review or audit by COMMERCE, personnel duly authorized by COMMERCE, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. 29. REGISTRATION WITH DEPARTMENT OF REVENUE If required by law, the GRANTEE shall complete registration with the Washington State Department of Revenue. GENERAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS 8 30. RIGHT OF INSPECTION At no additional cost, the GRANTEE shall provide right of access to its facilities to COMMERCE, or any of its officers, or to any other authorized agent or official of the state of Washington or the federal government, at all reasonable times, in order to monitor and evaluate performance, compliance, and/or quality assurance under this Grant. 31. SAVINGS In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Grant and prior to normal completion, COMMERCE may terminate the Grant under the "Termination for Convenience" clause, without the ten calendar day notice requirement. In lieu of termination, the Grant may be amended to reflect the new funding limitations and conditions. 32. SEVERABILITY The provisions of this Grant are intended to be severable. If any term or provision is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the Grant. 33. SITE SECURITY While on COMMERCE premises, GRANTEE, its agents, employees, or subcontractors shall conform in all respects with physical, fire or other security policies or regulations. 34. SUBGRANTING/SUBCONTRACTING Neither the GRANTEE nor any subgrantee/subcontractor shall enter into subgrants/subcontracts for any of the work contemplated under this contract without obtaining prior written approval of COMMERCE. In no event shall the existence of the subgrant/subcontract operate to release or reduce the liability of the GRANTEE to COMMERCE for any breach in the performance of the GRANTEE’s duties. This clause does not include Grants of employment between the GRANTEE and personnel assigned to work under this Grant. Additionally, the GRANTEE is responsible for ensuring that all terms, conditions, assurances and certifications set forth in this agreement are carried forward to any subgrants/subcontracts. Every subgrant/subcontract shall include a term that COMMERCE and the State of Washington are not liable for claims or damages arising from a subgrantee’s/subcontractor’s performance of the subgrant/subcontract. GRANTEE and its subgrantees/subcontractors agree not to release, divulge, publish, transfer, sell or otherwise make known to unauthorized persons personal information without the express written consent of COMMERCE or as provided by law. 35. SURVIVAL The terms, conditions, and warranties contained in this Grant that by their sense and context are intended to survive the completion of the performance, cancellation or termination of this Grant shall so survive. 36. TAXES All payments accrued on account of payroll taxes, unemployment contributions, the GRANTEE’s income or gross receipts, any other taxes, insurance or expenses for the GRANTEE or its staff shall be the sole responsibility of the GRANTEE. 37. TERMINATION FOR CAUSE In the event COMMERCE determines the GRANTEE has failed to comply with the conditions of this Grant in a timely manner, COMMERCE has the right to suspend or terminate this Grant. GENERAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS 9 Before suspending or terminating the Grant, COMMERCE shall notify the GRANTEE in writing of the need to take corrective action. If corrective action is not taken within 30 calendar days, the Grant may be terminated or suspended. In the event of termination or suspension, the GRANTEE shall be liable for damages as authorized by law including, but not limited to, any cost difference between the original Grant and the replacement or cover Grant and all administrative costs directly related to the replacement Grant, e.g., cost of the competitive bidding, mailing, advertising and staff time. COMMERCE reserves the right to suspend all or part of the Grant, withhold further payments, or prohibit the GRANTEE from incurring additional obligations of funds during investigation of the alleged compliance breach and pending corrective action by the GRANTEE or a decision by COMMERCE to terminate the Grant. A termination shall be deemed a “Termination for Convenience” if it is determined that the GRANTEE: (1) was not in default; or (2) failure to perform was outside of his or her control, fault or negligence. The rights and remedies of COMMERCE provided in this Grant are not exclusive and are, in addition to any other rights and remedies, provided by law. 38. TERMINATION FOR CONVENIENCE Except as otherwise provided in this Grant, COMMERCE may, by ten (10) business days written notice, beginning on the second day after the mailing, terminate this Grant, in whole or in part. If this Grant is so terminated, COMMERCE shall be liable only for payment required under the terms of this Grant for services rendered or goods delivered prior to the effective date of termination. 39. TERMINATION PROCEDURES Upon termination of this Grant, COMMERCE, in addition to any other rights provided in this Grant, may require the GRANTEE to deliver to COMMERCE any property specifically produced or acquired for the performance of such part of this Grant as has been terminated. The provisions of the "Treatment of Assets" clause shall apply in such property transfer. COMMERCE shall pay to the GRANTEE the agreed upon price, if separately stated, for completed work and services accepted by COMMERCE, and the amount agreed upon by the GRANTEE and COMMERCE for (i) completed work and services for which no separate price is stated, (ii) partially completed work and services, (iii) other property or services that are accepted by COMMERCE, and (iv) the protection and preservation of property, unless the termination is for default, in which case the AUTHORIZED REPRESENTATIVE shall determine the extent of the liability of COMMERCE. Failure to agree with such determination shall be a dispute within the meaning of the "Disputes" clause of this Grant. COMMERCE may withhold from any amounts due the GRANTEE such sum as the AUTHORIZED REPRESENTATIVE determines to be necessary to protect COMMERCE against potential loss or liability. The rights and remedies of COMMERCE provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract. After receipt of a notice of termination, and except as otherwise directed by the AUTHORIZED REPRESENTATIVE, the GRANTEE shall: 1. Stop work under the Grant on the date, and to the extent specified, in the notice; 2. Place no further orders or subgrants/subcontracts for materials, services, or facilities except as may be necessary for completion of such portion of the work under the Grant that is not terminated; 3. Assign to COMMERCE, in the manner, at the times, and to the extent directed by the AUTHORIZED REPRESENTATIVE, all of the rights, title, and interest of the GRANTEE under the orders and subgrants/subcontracts so terminated, in which case COMMERCE has the right, at its GENERAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS 10 discretion, to settle or pay any or all claims arising out of the termination of such orders and subgrants/subcontracts; 4. Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, with the approval or ratification of the AUTHORIZED REPRESENTATIVE to the extent AUTHORIZED REPRESENTATIVE may require, which approval or ratification shall be final for all the purposes of this clause; 5. Transfer title to COMMERCE and deliver in the manner, at the times, and to the extent directed by the AUTHORIZED REPRESENTATIVE any property which, if the Grant had been completed, would have been required to be furnished to COMMERCE; 6. Complete performance of such part of the work as shall not have been terminated by the AUTHORIZED REPRESENTATIVE; and 7. Take such action as may be necessary, or as the AUTHORIZED REPRESENTATIVE may direct, for the protection and preservation of the property related to this Grant, which is in the possession of the GRANTEE and in which COMMERCE has or may acquire an interest. 40. TREATMENT OF ASSETS Title to all property furnished by COMMERCE shall remain in COMMERCE. Title to all property furnished by the GRANTEE, for the cost of which the GRANTEE is entitled to be reimbursed as a direct item of cost under this Grant, shall pass to and vest in COMMERCE upon delivery of such property by the GRANTEE. Title to other property, the cost of which is reimbursable to the GRANTEE under this Grant, shall pass to and vest in COMMERCE upon (i) issuance for use of such property in the performance of this Grant, or (ii) commencement of use of such property in the performance of this Grant, or (iii) reimbursement of the cost thereof by COMMERCE in whole or in part, whichever first occurs. A. Any property of COMMERCE furnished to the GRANTEE shall, unless otherwise provided herein or approved by COMMERCE, be used only for the performance of this Grant. B. The GRANTEE shall be responsible for any loss or damage to property of COMMERCE that results from the negligence of the GRANTEE or which results from the failure on the part of the GRANTEE to maintain and administer that property in accordance with sound management practices. C. If any COMMERCE property is lost, destroyed or damaged, the GRANTEE shall immediately notify COMMERCE and shall take all reasonable steps to protect the property from further damage. D. The GRANTEE shall surrender to COMMERCE all property of COMMERCE prior to settlement upon completion, termination or cancellation of this Grant All reference to the GRANTEE under this clause shall also include GRANTEE'S employees, agents or subgrantees/subcontractors. 41. WAIVER Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of this Grant unless stated to be such in writing and signed by Authorized Representative of COMMERCE. Attachment A Scope of Work Funds awarded under this grant shall be used by the City of Bremerton Parks and Recreation Department for the purchase and installation of new outdoor playground equipment and fall surface to enhance the durability and accessibility of the Kiwanis Park playground located at 1701 5th Street, Bremerton, Washington, 98337. This will include, but not be limited to, a full replacement of the existing outdated wood playground equipment and fall surface at the Kiwanis Park playground This project will serve as a benefit to the public by ensuring the durability of the equipment for years to come. Additionally, the enhancement of the fall surface and playground equipment ensures access and enjoyment of the Kiwanis Park for all children of the community. This project is anticipated to be completed by December 31, 2023. Costs related to the work will only be reimbursed to the extent the work is determined by Commerce to be within the scope of the legislative appropriation. CERTIFICATION PERFORMANCE MEASURE The GRANTEE, by its signature, certifies that the Scope of Work set forth above has been reviewed and approved by the GRANTEE’s governing body as of the date and year written below. _____________________________________ GRANTEE _____________________________________ TITLE _____________________________________ DATE Attachment B Budget Line Item Amount Architecture & Engineering $2,000.00 Construction $288,050.00 Total Contracted Amount: $290,050.00 CERTIFICATION PERFORMANCE MEASURE The GRANTEE, by its signature, certifies that the Project Budget set forth above has been reviewed and approved by the GRANTEE’s governing body or board of directors, as applicable, as of the date and year written below. _____________________________________ GRANTEE _____________________________________ TITLE _____________________________________ DATE Attachment C Certification of the Availability of Funds to Complete the Project Non-State Funds Amount Total Organization Cash on Hand $130,000.00 Total Non-State Funds $130,000.00 $130,000.00 State Funds State Capital Budget $160,050.00 $160,050.00 Total Non-State and State Sources $290,050.00 CERTIFICATION PERFORMANCE MEASURE The GRANTEE, by its signature, certifies that project funding from sources other than those provided by this contract and identified above has been reviewed and approved by the GRANTEE’s governing body or board of directors, as applicable, and has either been expended for eligible Project expenses, or is committed in writing and available and will remain committed and available solely and specifically for carrying out the purposes of this Project as described in elsewhere in this contract, as of the date and year written below. The GRANTEE shall maintain records sufficient to evidence that it has expended or has access to the funds needed to complete the Project, and shall make such records available for COMMERCE’S review upon reasonable request. _____________________________________ GRANTEE _____________________________________ TITLE _____________________________________ DATE Attachment D Certification of the Payment and Reporting of Prevailing Wages CERTIFICATION PERFORMANCE MEASURE The GRANTEE, by its signature, certifies that all contractors and subcontractors performing work on the Project shall comply with prevailing wage laws set forth in Chapter 39.12 RCW, as applicable on the date the Project appropriation becomes effective, including but not limited to the filing of the “Statement of Intent to Pay Prevailing Wages” and “Affidavit of Wages Paid” as required by RCW 39.12.040. The GRANTEE shall maintain records sufficient to evidence compliance with Chapter 39.12 RCW, and shall make such records available for COMMERCE’S review upon request. If any state funds are used by the GRANTEE for the purpose of construction, applicable State Prevailing Wages must be paid. The GRANTEE, by its signature, certifies that the declaration set forth above has been reviewed and approved by the GRANTEE’s governing body as of the date and year written below. _____________________________________ GRANTEE _____________________________________ TITLE _____________________________________ DATE Attachment E Certification of Intent to Enter the Leadership in Energy and Environmental Design (LEED) Certification Process CERTIFICATION PERFORMANCE MEASURE The GRANTEE, by its signature, certifies that it will enter into the Leadership in Energy and Environmental Design certification process, as stipulated in RCW 39.35D, as applicable to the Project funded by this contract. The GRANTEE shall, upon receipt of LEED certification by the United States Green Building Council, provide documentation of such certification to COMMERCE. The GRANTEE, by its signature, certifies that the declaration set forth above has been reviewed and approved by the GRANTEE’s governing body or board of directors, as applicable, as of the date and year written below. _____________________________________ GRANTEE _____________________________________ TITLE _____________________________________ DATE DRAWING #:SYSTEM TYPE:Kiwanis ParkDesign A - R.5Bremerton, WAPlayCreation, Inc.Landscape StructuresJohnL@PlayCreation.comPlayBooster1762463 - 1 - 5 ATTACHMENT 3 Form Created 5/4/15 INFORMATION ONLY ITEM CITY OF BREMERTON CITY COUNCIL SUBJECT: Review Operating Agreement with Admiral Theatre Foundation and provide direction for Lodging Tax Advisory Committee related to the Admiral Theatre Study Session Date: November 9, 2022 Presenter: Denise Frey 2022 LTAC Chair Phone: (360) 473-5280 SUMMARY: At the November 2, 2022 Council Meeting, the City Council passed a Motion to amend the 2023 LTAC Funding Award to the Admiral Theatre, and return the amended proposal to LTAC for review and comment. Council will now discuss what further direction to provide LTAC. ATTACHMENTS: 1) Admiral Theatre 1990 Operating Agreement with 1st, 2nd, 3rd, and 4th Addendums 2) Admiral Theatre 2017 Audit Report with Analysis Summary and Timeline 3) Admiral Theatre 2023 LTAC Application Email 4) Admiral Theatre 2023 LTAC Application STUDY SESSION AGENDA: ☐ No Presentation ☒ Full Presentation A6 AGENDA BILL CITY OF BREMERTON CITY COUNCIL jZD 5T SUBJECT: Fourth Addendum to the Study Session Date: February 14, 2018 Operating Agreement with the Admiral COUNCIL MEETING Date: February 21, 2018 Theatre Foundation for the Operation of the Department: City Clerk Admiral Theater Presenter: Shannon Corin Phone: (360) 473-5323 SUMMARY: The City has a current Operating Agreement with the Admiral Theatre Foundation to operate City owned Admiral Theater. The agreement expires September 27, 2040, with an annual amount paid to the Foundation from revenues received from the lodging tax in the amount of $90,000 per year. In 2013, the Council approved the Third Addendum to the agreement to increase funding to $150,000 per year through 2017, then it would revert back to $90,000 annually through the expiration of the agreement. The Admiral Theatre Foundation submitted an application to the Lodging Tax Advisory Committee to extend the additional funds. LTAC recommended extension of the additional $60,000 be allocated to the Admiral Theatre Foundation annually through 2022 for a total of $150,000 per year. City Council approved the recommendation at the July 19, 2017 Council Meeting and the $150,000 was included in the 2018 Budget adopted by Ordinance No. 5341 on November 20, 2017. ATTACHMENTS: 1) Fourth Addendum to the Operating Agreement; and 2) Exhibit A — Operating Agreement FISCAL IMPACTS (Include Budgeted Amount): This item has been budgeted for 2018. STUDY SESSION AGENDA: ® Limited Presentation Full Presentation STUDY SESSION ACTION: ® Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Move to approve the Fourth Addendum to the Operating Agreement with Admiral Theatre Foundation extending the annual compensation of $150,000 through 2022, and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: [Approve Form Updated 01/02/2018 El Deny Table Continue No Action FOURTH ADDENDUM TO OPERATING AGREEMENT Admiral Theater) This Fourth Addendum to Operating Agreement is entered into on the date fully executed below by and between the CITY OF BREMERTON, hereinafter referred to as the "City," and the ADMIRAL THEATRE FOUNDATION, hereinafter referred to as the "Foundation." WHEREAS, the City and the Foundation entered into an agreement entitled Operating Agreement dated September 28, 1990, with a ten (10) year term expiring on the September 27, 2000, attached hereto as Exhibit A; and WHEREAS, the City and the Foundation entered into a Funding Agreement dated August 22, 1995, for funding of $165,000 and an Addendum to Funding Agreement on January 10, 1996, for additional funding of $25,000; and WHEREAS, the City and the Foundation entered into a one (1) year Professional Services Agreement dated January 1, 1999 (herein referred to as the "Services Agreement"), for the purpose of providing funding for the Admiral Theatre in the amount of $78,450 and further executed the First Addendum to Services Agreement in 2000 extending the term an additional year for funding of $90,000 and a Second Addendum to Services Agreement in 2001 extending the term an additional year for funding of $62,147; and WHEREAS, the City and the Foundation entered into a one (1) year Tourism Promotion Services Agreement dated May 19, 2008 and expiring on December 31, 2008 (herein referred to as the "Tourism Promotion Agreement"), for the purpose of providing funding for tourism promotion services; and WHEREAS, the City and the Foundation entered into a First Addendum to Operating Agreement dated December 12, 2001 (herein referred to as the "First Addendum"), to extend the termination date of the Operating Agreement to September 27, 2040, and to provide continued funding support in the amount of $90,000 for the Admiral Theatre as provided in the Professional Services Agreement which was scheduled to terminate December 31, 2001, as extended by the Services Agreement Extensions, and to further clarify conditions of the Operating Agreement; and WHEREAS, the City and the Foundation entered into a Second Addendum to Operating Agreement on January 25, 2013 (herein referred to as the "Second Addendum"), increasing the annual funding to $150,000 per year for a period of five (5) years, amending language relating to audit reports, and making other related matters; and WHEREAS, in the Second Addendum, the parties acknowledged that the Professional Services Agreement and Services Agreement Extensions have terminated and that the agreements in effect at this time are the Operating Agreement and First Addendum to Operating Agreement; and Admiral Theater — Fourth Addendum to Operating Agreement WHEREAS, the City and the Foundation entered into a Third Addendum to Operating Agreement on July 15, 2015 (herein referred to as the "Third Addendum"), relating to funding, audit reports, and related matters, to replace in its entirety the First Addendum and Second Addendum; and WHEREAS, the parties acknowledge and reaffirm in this agreement that all of the agreements noted above and any related agreements, with the exception of the Operating Agreement and the Third Addendum, have expired, terminated or been repealed and replaced and that the agreements currently in effect at this time are the Operating Agreement and the Third Addendum; and WHEREAS, the City and the Foundation now desire to enter into a Fourth Addendum to Operating Agreement (herein referred to as the "Fourth Addendum") to extend the funding of 150,000 an additional five (5) years through calendar year 2022, axd to replace in its entirety the Third Addendum; NOW, THEREFORE, in consideration of the terms and conditions contained herein, the parties mutually agree that this Fourth Addendum to Operating Agreement hereby amends the Operating Agreement and replaces in its entirety the Third Addendum as follows: 1. Findings. The findings set forth in the recitals above are hereby adopted and incorporated as if fully set forth herein. 2. Addendums Repealed. The Third Addendum to Operating Agreement is hereby repealed and replaced in their entirety by this agreement. 3. Term. The initial term of the Operating Agreement commenced on September 28, 1990 and shall terminate on September 27, 2040. 4. Building Maintenance. The Foundation is solely responsible for maintaining the Admiral Theater facility including all building areas and appurtenances ("Facility") and improvements therein in good condition. The City shall have no responsibility for building maintenance, repairs, or damage to the structure, except to the extent insurance proceeds are available to cover any loss. 5. Financial Contribution. Commencing in 2013, the City shall pay the Foundation a Contribution ("Financial Contribution") of $150,000 annually for a period of ten (10) years subject to the existing terms of the Operating Agreement as amended herein. This Financial Contribution is increased from the previous annual Financial Contributions of $90,000 through calendar year 2012. Commencing in calendar year 2023, the annual Financial Contribution shall automatically revert to the previous annual Financial Contributions of $90,000 unless otherwise extended or adjusted by the parties in writing. Provided, however, the obligation to pay the Financial Contribution is conditioned upon the following: a. The Foundation properly maintaining the Facility; and 2 Admiral Theater — Fourth Addendum to Operating Agreement b. The Foundation continuing to market and provide performing and visual arts at the Theatre on a full-time basis, including education and cultural events; and C. The Foundation provide the City its annual budget and marketing plans within thirty (30) days of adoption by the Foundation Board; and d. The Foundation making available to the City all financial information the City deems appropriate to determine that the Foundation is using its funds in accordance with its non-profit purpose and the purpose of the Operating Agreement and this Fourth Addendum thereto; and e. The Foundation shall provide a review, issued by a Certified Public Accountant, to the City for fiscal year ending August 31, 2016, and for all of the following fiscal years except when an external audit is required pursuant to subsection (f) below. All reviews shall be provided to the City Department of Financial Services by January 31" of the calendar year following the end of the fiscal year being reviewed; and f. The Foundation shall provide an external audit report, issued by a Certified Public Accountant, to the City for fiscal year ending August 31, 2015, and every third year thereafter. All audit reports shall be provided to the City by January 31" of the calendar year following the end of the fiscal year being audited; and g. The City's Hotel/Motel Tax generates at least an amount to cover the Financial Contribution ($150,000 or $90,000 as applicable) each year for each two percent (2%) of tax imposed, otherwise, the City's Financial Contribution shall be reduced accordingly; and h. The City Council, following receipt of the audit review or external audit as set forth in subsections(e) and (f) above, as applicable, renews its commitment to the above -referenced Financial Contribution amount or such other amount as it deems within the best interests of the City and its citizens. The review of commitment shall be included as part of the City's budget process during the year following the end of the fiscal year being reviewed or audited. (As an example, for fiscal year ending on August 31, 2014, the City reviews its renewal of commitment of Financial Contribution as part of the City's budget process in 2015 for funding in budget year 2016). It is anticipated that the Financial Contribution commitment will be renewed each year, so long as the Foundation has used the funds in a manner that the Council deems as promoting the best interests of the City and its citizens and the purposes of the Hotel/Motel Tax enabling, legislation; and i. Commencing in calendar year 2023 the City's annual Financial Contribution shall automatically revert to $90,000 unless otherwise extended or adjusted by the parties in writing following receipt of the external audit; and j. The Foundation shall not apply for or be eligible for additional lodging tax funds provided the City's Financial Contribution is $150,000 annually. 3 Admiral Theater — Fourth Addendum to Operating Agreement 6. Notices. Any notices required to be given by the City to the Foundation or by the Foundation to the City shall be in writing and delivered to the following parties at the following addresses: Mayor E*(''`t(V' l(v C(Lv City of Bremerton Admiral Theater Foundation 345 61 Street, Suite 100 507 Pacific Avenue Bremerton, WA 98337 Bremerton, WA 98337 7. Confirmation of Agreement Terms. The parties mutually agree that this Fourth Addendum to Operating Agreement hereby amends the Operating Agreement and replaces in its entirety the Third Addendum. Except as modified by this Fourth Addendum to Operating Agreement, the terms and conditions of the Operating Agreement are hereby confirmed in their entirety and incorporated herein as if fully set forth in this Fourth Addendum. The parties hereby enter into this Fourth Addendum to Operating Agreement on the date fully executed below. CITY OF BREMERTON C ADMIRAL THEATRE FOUNDATION By: Jo NSA its: >C'L Ti l?r,GG ./ Date: R:\Legal\Lcgal\Files\Current Active Files\Admiral TheaterWouilk Addendum to Operating Agreement.doc El Admiral Theater — Fourth Addendum to Operating Agreement Contract Number: 3223 Vendor: ADMIRAL THEATRE FOUNDATION Subject: Performing Arts Center Department: Finance File Class: GS50-01-11 Rev. 3 General Begin Date: 9/28/1990 End Date: 9/27/2040 Review Date: 6/30/2017 Vault Date: Comments: 1st Review 2004/2nd Review 2007/3rd Review 2010/ 2nd Addendum 1/1/13-12/31/17; 3rd Addendum 7/15/15 SUBJECT: Third Addendum to Admiral Theatre Operating Agreement AGENDA BILL CITY OF BREMERTON CITY COUNCIL Study Session Date: COUNCIL MEETING Date: Department: Presenter: Phone: 6rn 3zz3 6F January 28, 2015 February 4, 2015 Legal & Finance Roger Lubovich & Cathy Johnson 473-2335 & 473-5296 SUMMARY: The Third Addendum to the Admiral Theatre Operating Agreement amends the Operating Agreement regarding audit reports and related matters, and replaces in its entirety the First Addendum and Second Addendum. ATTACHMENTS: 1) Third Addendum to Operating Agreement (Admiral Theatre) 2) Operating Agreement 3) First Addendum 4) Second Addendum FISCAL IMPACTS (Include Budgeted Amount): No Fiscal Impact STUDY SESSION AGENDA: No Presentation ® Full Presentation STUDY SESSION ACTION: ® Consent Agenda General Business Public Hearing MOTION: Move to approve the Third Addendum to the Admiral Theatre Operating Agreement; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: (Approve Form Updated 01/25/13 Deny Table Continue No Action THIRD ADDENDUM TO OPERATING AGREEMENT Admiral Theater) This Third Addendum to Operating Agreement is entered into on the date fully executed below by and between the CITY OF BREMERTON, hereinafter referred to as the "City'', and the ADMIRAL THEATRE FOUNDATION, hereinafter referred to as the "Foundation", and WHEREAS, the City and the Foundation entered into an agreement entitled "Operating Agreement" dated September 28, 1990 with a ten year term expiring on the September 27, 2000, attached hereto as Exhibit A; and WHEREAS, as stated in the Operating Agreement, the agreement's purpose was to provide for the renovation of the Admiral Theatre located at 507 Pacific Avenue, Bremerton, Washington and owned by the City and to provide for the operation of a performing and visual arts center for public entertainment, education and cultural events at the Admiral Theatre; and WHEREAS, the Foundation has successfully renovated the Admiral Theatre and operated it since its renovation as a successful performing and visual arts center for public entertainment, education and cultural events; and WHEREAS, the City and the Foundation entered into a one year Professional Services Agreement dated January 1, 1999 (herein referred to as the "Services Agreement") for the purpose of providing funding for the Admiral Theatre; and WHEREAS, the City and the Foundation entered into an Addendum to Contract to extend the term of the Professional Services Agreement for one additional year expiring on December 31, 2000 and a second Addendum to Contract to extend the term of the Professional Services Agreement for another additional year expiring on December 31, 2001 (herein referred to as the "Services Agreement Extensions"); and WHEREAS, the City and the Foundation entered into a one year Tourism Promotion Services Agreement dated May 19, 2008 expiring on December 31, 2008 (herein referred to as the "Tourism Promotion Agreement") for the purpose of providing funding for tourism promotion services; and WHEREAS, the City and the Foundation entered into a First Addendum to Operating Agreement dated December 12, 2001 (herein referred to as the "First Addendum"), to extend the. termination date of the Operating Agreement to September 27, 2040, to provide continued funding support for the Admiral Theatre as provided in the Professional Services Agreement which was scheduled to terminate December 31, 2001 as extended by the Services Agreement Extensions, and to further clarify conditions of the Operating Agreement, attached hereto as Exhibit B; and WHEREAS, the funding provided in the First Addendum was established in the amount of $90,000 per year; and Admiral Theater - Third Addendum to Operating Agreement WHEREAS, the City and the Foundation entered into a Second Addendum to Operating Agreement on January 25, 2013 (herein referred to as the "Second Addendum"), increasing the annual funding to $150,000 per year for a period of five (5) years, amending language relating to audit reports, and making other related matters, attached hereto as Exhibit C; and WHEREAS, in the Second Addendum, the parties acknowledged that the Professional Services Agreement and Services Agreement Extensions have terminated and that the agreements in effect at this time are the Operating Agreement and First Addendum to Operating Agreement; and WHEREAS, the parties acknowledge and reaffirm in this agreement that the Funding Agreement entered into on August 22, 1995, the Addendum to Funding Agreement entered into on January 10, 1996, the Professional Services Agreement dated January 1, 1999, the Services Agreement Extension (Addendum to Contract) entered into on April 18, 2000 as well as the Tourism Promotion Agreement dated May 19, 2008 and any related agreements have terminated and that the agreements currently in effect at this time are the Operating Agreement, the First Addendum, and the Second Addendum; and WHEREAS, the City and the Foundation now desire to enter into a Third Addendum to Operating Agreement (herein referred to as the "Third Addendum") relating to funding, audit reports, and related matters, to replace in its entirety the First Addendum and Second Addendum; and NOW, THEREFORE, in consideration of the terms and conditions contained herein, the parties mutually agree that this Third Addendum to Operating Agreement hereby amends the Operating Agreement and replaces in its entirety the First Addendum and the Second Addendum as follows: 1. Findinpas. The findings set forth in the recitals above are hereby adopted and incorporated as if fully set forth herein. 2. Addendums Repealed. The First Addendum and Second Addendum to Operating Agreement are hereby repealed and replaced in their entirety by this agreement. 3. Term. The initial term of the Operating Agreement commenced on September 28, 1990 and shall terminate on September 27, 2040. 4. Building Maintenance. The Foundation is solely responsible for maintaining the Theatre property and improvements therein in good condition. The City shall have no responsibility for building maintenance, repairs, or damage to the structure, except to the extent insurance proceeds are available to cover any loss. 5. Financial Contribution. Commencing in 2013, the City shall pay the Foundation a Contribution ("Financial Contribution") of $150,000 annually for a period of five (5) years subject to the existing terms of the Operating Agreement as amended herein. This Financial Contribution is increased from the previous Financial Contributions of $90,000. Commencing in 2 Admiral Theater - Third Addendum to Operating Agreement Calendar year 2018, the annual Financial Contribution shall automatically revert to the previous annual Financial Contributions of $90,000 unless otherwise extended or adjusted by the parties in writing. Provided, however, the obligation to pay the Financial Contribution is conditioned upon the following: a. The Foundation properly maintaining the Theatre and its facilities; and b. The Foundation continuing to market and provide performing and visual arts at the Theatre on a full-time basis, including education and cultural events; and c. The Foundation provide the City its annual budget and marketing plans within thirty (30) days of adoption by the Foundation Board; and d. The Foundation making available to the City all financial information the City deems appropriate to detennine that the Theatre is using its funds in accordance with its non-profit purpose and the purpose of the Agreement and this Third Addendum thereto; and e. The Foundation shall provide a review, issued by a Certified Public Accountant, to the City for fiscal year ending August 31, 2016 and for all of the following fiscal years except when an external audit is required pursuant to subsection (f) below. All reviews shall be provided to the City Department of Financial Services by January 3151 of the calendar year following the end of the fiscal year being reviewed; and f. The Foundation shall provide an external audit report, issued by a Certified Public Accountant, to the City for fiscal year ending August 31, 2015 and every third year thereafter. All audit reports shall be provided to the City by January 31St of the calendar year following the end of the fiscal year being audited; and g. The City's Hotel/Motel Tax generates at least an amount to cover the Financial Contribution ($150,000 or $90,000 as applicable) each year for each 2% of tax imposed, otherwise, the City's Contribution shall be reduced accordingly; and h. The City Council, following receipt of the audit review or external audit as set forth in subsections(e) and (f) above, as applicable, renews its commitment to the above - referenced Financial Contribution amount or such other amount as it deems within the best interests of the City and its citizens. The review of commitment shall be included as part of the City's budget process during the year following the end of the fiscal year being reviewed or audited. (As an example, for fiscal year ending on August 31, 2014, the City reviews its renewal of commitment of Financial Contribution as part of the City's budget process in 2015 for funding in budget year 2016). It is anticipated that the Financial Contribution commitment will be renewed each year, so long as the Foundation has used the funds in a manner that the Council deems as promoting the best interests of the City and its citizens and the purposes of the Hotel/Motel Tax enabling legislation; and i. Commencing in Calendar year 2018 the annual Contribution shall automatically revert to $90,000 unless otherwise extended or adjusted by the parties in writing following receipt of the external audit; and j. The Foundation shall not apply for or be eligible for additional lodging tax funds provided the City's contribution is $150,000 annually. Admiral Theater - Third Addendum to Operating Agreement 6. Notices. Any notices required to be given by the City to the Foundation or by the Foundation to the City shall be in writing and delivered to the following parties at the following addresses: Mayor City of.Bremerton 345 61' Street, Suite 600 Bremerton, WA 98337 Admiral Theater Foundation 507 Pacific Avenue Bremerton, WA 98337 7. Confirmation of Agreement Terms. Except as modified by this Third Addendum to Operating Agreement, the terms and conditions of the Operating Agreement are hereby confirmed in their entirety and incorporated herein as if fully set forthin this Third Addendum. CITY OF BREMERTON By: V Ai Patty Lent, THE ADMIRAL THEATRE. FOUNDATION By: A4 6"21 _ _ Its: ')recd +-: V c Date: Date: R:\LcgaALegal\Files\Current Active Files\Admiral neater\Third Addendum to Operating Agreementl doc 4 Admiral Theater - Third Addendum to Operating Agreement Contract Number: 3223 Vendor: ADMIRAL THEATRE FOUNDATION t Subject. Performing Arts Center Department Finance File Class LEG 12-1 Begin Date 9/28/1990 End Date 9/27/1940 Review Date 6/30/2017 Vault Date Comments: 1st Review 2004/2nd Review 2007/3rd Review 2010/ 2nd Addendum 1/1/13-12/31/17 SECOND ADDENDUM TO OPERATING AGREEMENT Admiral Theater) This SECOND ADDENDUM TO OPERATING AGREEMENT is entered into the date fully executed below by and between the CITY OF BREMERTON, hereinafter referred to as the "City", and the ADMIRAL THEATRE FOUNDATION, hereinafter referred to as the Foundation", and WHEREAS, the City and the Foundation entered into an agreement entitled "Operating Agreement" dated September 28, 1990 with a ten year term expiring on the September 27, 2000, attached hereto as Exhibit A, and WHEREAS, as stated in the Operating Agreement, the agreement's purpose was to provide for the renovation of the Admiral Theatre located at 507 Pacific Avenue, Bremerton, Washington and owned by the City and to provide for the operation of a performing and visual arts center for public entertainment, education and cultural events at the Admiral Theatre, and WHEREAS, the City and the Foundation entered into a one year Professional Services Agreement dated January 1, 1999 (herein referred to as the "Services Agreement") for the purpose of providing funding for the Admiral Theatre, and WHEREAS, the City and the Foundation entered into an Addendum to Contract to extend the term of the Professional Services Agreement for one additional year expiring on December 31, 2000 and a second Addendum to Contract to extend the term of the Professional Services Agreement for another additional year expiring on December 31, 2001 (herein referred to as the "Services Agreement Extensions"), and WHEREAS, the City and the Foundation entered into a "First Addendum to Operating Agreement" dated December 12, 2001, to extend the termination date of the Operating Agreement to September 27, 2040, to provide continued funding support for the Admiral Theatre as provided in the Professional Services Agreement which was scheduled to terminate December 31, 2001 as extended by the Services Agreement Extensions, and to further clarify conditions of the Operating Agreement, attached hereto as Exhibit B, and WHEREAS, the parties acknowledge that the Professional Services Agreement and Services Agreement Extensions have terminated and that the agreements in effect at this time are the Operating Agreement and First Addendum to Operating Agreement, and WHEREAS, the City and the Foundation now desire to enter into a "Second Addendum to Operating Agreement" relating to funding, audit reports, and related matters, WHEREAS, the City Council, at its regular City Council meeting of December 21, 2011, approved the terms of this second addendum relating to funding, audit reports and related matters and further authorized the City Attorney to amend the Operating Agreement and First Addendum Admiral Theater - Second Addendum to Operating Agreement to Operating Agreement to incorporate the proposed changes and authorized the Mayor to execute the same NOW, THEREFORE, in consideration of the terms and conditions contained herein, the parties mutually agree that this Second Addendum to Operating Agreement hereby amends the Operating Agreement as amended and modified by the First Addendum to Operating Agreement as follows The findings set forth in the recitals above are hereby incorporated as if fully set forth herein 2 The term of this Second Addendum to Operating Agreement shall commence on January 1, 2013 and shall terminate on December 31, 2017 Upon termination of this Second Addendum to Operating Agreement, the terms and conditions of the Operating Agreement as amended and modified by the First Addendum to Operating Agreement shall be fully applicable as if the Second Addendum to Operating Agreement was never entered into 3 Section 5 of the First Addendum to Operating Agreement entitled "Financial Contribution" is amended to read as follows Financial Contribution Commencing in 2013, the City shall pay the Foundation a Contribution of $150,000 annually for a period of five (5) years subject to the existing terms of the Operating Agreement and First Addendum to Operating Agreement Provided, however, the obligation to pay this amount is conditioned upon the following a The Foundation properly maintaining the Theatre and its facilities, b The Foundation continuing to market and provide performing and visual arts at the Theatre on a full-time basis, including education and cultural events, c The Foundation making available to the City's internal auditor all financial information he deems appropriate to determine that the Theatre is using its funds in accordance with its non-profit purpose and the purpose of the Agreement and this First Addendum thereto, d The Foundation shall provide an internal audit report to the City on a bi-annual basis commencing in calendar year 2014 and due by August 30th for each bi-annual period. The audit shall cover the previous two years of operations and be issued by a Certified Public Accountant e The Foundation shall provide an external audit report to the City on a five-year basis commencing in calendar year 2017 and due by August 30th for each five-year period The audit shall cover the previous two years of operations and be issued by a Certified Public Accountant, f The City's hotel/motel tax generates at least $150,000 each year for each 2% of tax imposed, otherwise, the City's Contribution shall be reduced accordingly, and g The City Council, following receipt of the internal audit report as set forth in subsection (f) above, renews its commitment to the above -referenced funding amount or such other amount as it deems within the best interests of the City and its citizens It is anticipated that the $150,000 commitment will be renewed after each two (2) year review, so long as the City determines, upon review of the internal audit report, that the Foundation has used the funds in a manner that the Council 7 Admiral Theater - Second Addendum to Operating Agreement deems as promoting the best interests of the City and its citizens and the purposes of the'Hotel/Motel Tax enabling legislation, h Commencing in Calendar year 2018 the annual Contribution shall automatically revert to $90,000 unless otherwise extended or adjusted by the parties in writing following after receipt of the external audit, i The Foundation shall not apply for or be eligible for additional lodging tax funds provided the City's contribution is $150,000 annually 4 Confirmation of Agreement Terms Except as modified by this Second Addendum to Operating Agreement, the terms and conditions of the Operating Agreement and the First Addendum to Operating Agreement are hereby confirmed in their entirety and incorporated herein as if fully set forth in this First Addendum THE ADMIRAL THEATRE FOUNDATION Date \ \Z 1 3 By lAi gri R- Its CITY OF BREMERTON DateA / 25 `3 By Patty Lent, yor R \Lega]\Legal\Files\Current Active Files\Admiral Theater\Second Addendum to Operating Agreement doc 3 Admiral Theater - Second Addendum to Operating Agreement U11°T NNr L.. OPERATING AGREEMENT Admiral Theater Fad-lity TMS AMW.WNT made and entered into this :. * day of icy, 1990, by and between the City of Bremerton, a First Class City of the State of Washington, (hereinafter referred to as "City") and The Admiral Theater Foundation, a non-profit corporation organized under the laws of the State of Washington (heuieinatter referred to as Foundation"). WITNESSETH: 1. SCOPE OF SERVICES: The Foundation shall manage the Admiral Theater facility, located at 507 Pacific Avenue, Bremerton, Washington, including all building areas and appurtenances (liereanafter refected to as "Facility") for the purpose of operating a performing and visual arts center for public entertainment, education and cultural events in the auditorium and associated areas matter "Theater") and managing the rental of office and commercial retail spaces. The Foundation's duties are as follows: a) Complete renovation of the building and have the Facility operational no later than five (5) years from the effective date of this Agreement. Operational shall mean the Facility is immediately available for tenant or public use, including City use under subpart (h) and all other duties of the Foundation under this section shall commence; b) Building wxrity; c) Building cleaning, maintenance and repairs, including removal of ice and debris from wallet and common areas; replacement of broken glass, electrical fixtures, plumbing ftwres and seating; and interior and exterior plastering, wall coverings and painting; d) Advertise for tenants and negotiate and collect rents for all office and retail spaces of the Facility; e) Promote Theater utilization by every means of advertising designed to attract performing and visual arts events and attendees; f) Provide for opemon of the Theater and appropriate concessions; and g) Promulgate rules, policies and regulations for rectal procedures, charges, hours of operation, and uses of the Facility not inconsistent with this Agreement. Rules and regulations shall specifically prohibit the giving of tickets or other free entry to any performance or event to any City or Foundation employee or officer, except m the performance of their duties; and OPERA77NG AGREMW ENT -1- EXHIBIT A Q(h) Provide the Theater for City use upon request for a minimum of twelve (12) days each year at a nominal fee sufficient to cover utilities, security, and janitorial services or other direct expense of use. Scheduling shall not interfere with previously scheduled performances. 2. TEM- The term of this Amt shall begin on the date of execution and continue ten (10) full years thereafter, unless terminated earlier under the provisions of this Agreement. The Foundation shall have the option to extend this Agreement for such additional term, under the same terms and conditions, as may by approved by a vote of the City electorate at the November 1990 general election. Notice to exercise said option shall be given at least ninety (90) days prior to the aspiration of the original term. 3. COMPMATION: The Foundation shall be entitled to retain all revenues collected from rental spaces, concessions and admission charges to the Theater. Admission taxes, as defined by City ordinance, collected from the Admiral Tb oer, shall be paid monthly to the City 1Yasnrer for deposit in the City's Admiral Theater Fund. The City disclaims any interest m any revenues generated through fund raising oactivities of the Foundation. 4. ALTERATIONS: The Foundation shall not mWW any structural alterations, without the expressed written consent of the City Council. Any such alterations consented to by the City Council shall be at the Foundaticm`s expense. The Foundation shall secure any and all governmental peamits required in connection with such work and shall hold the City harmless from any and all liability and any and all liens resulting therefrom. All alterations, additions and improvements, except trade fixtures and appliances and equipment which do not become a part of the building shall immediately become the property of the City without obligation. Upon removal of any trade fixtures, appliances and equipment which did not become part of the Facility, the Foundation shall repair any damage caused by removal. S. UTIIXTIF,S AND TARES: The Foundation shall be responsible for providing the building with all utilities, including light, heat, electriaty, waw, sewer, Jam, lie, and telephone. The Foundation shall pay all utility charges. Q OPERATING AGREEMENT 2- i NNW i 0 The Foundation shall pay all Static leasehold excise taxes, personal property taxes and sales taxes incurred by the Foundation's occupation and operation of the Facility. 6. RELATIONSMP OF PARTIMS: The parties understand and agree that the Foundation is an association sHled in matters pertaining to the scope of work and will Perform independem fundi and responsibilities in the area of its particular field of mqwfise. The Foundation and its personnel shall act as independent contractors and not employees of the City. As such they have no authority to bind the City nor control employees of the City, contractors, or other entities. The Mayor will be the responsible official for fulfilling Continuing responsibilities of the City. I NONDISCRIlVIZriATION: 7be Foundation shall not discriminate in any manner on the basis of sea, race, color, aced, or national origin, age, marital status, physical, mental or sensory handicap unless based on a bona fide occupational qualification. 8. REPORTS AND INFORMATION: The Foundation will maintain accounting records in accordance with generally accepted accounting principals and make the financial rGA records available to the City upon reasonable request of the Mayor. Within sixty (60) days after the end of the fiscal year of the Foundation, the Foundation shall deliver to the City a written financial operating statement. Within ninety (90) days of the end of the Foundation's fiscal year, the Foundation shall provide the City with a written report setting the description and cost of all capital operations performed by the Foundation, improvements, maintenance, and repairs of the Facility during the previous twelve (12) months. Said report shall also contain a projection as to the anticipated alterations, imp:overnents, maintenance and repairs expected during the ensuing twelve (12) month period, The Foundation willpresert to the City a business plan, including actions, milestones, and financial projections (a standard small business plan) within six (6) months of the effective date of this Agreement. 9. CASUALTY/LOSS: Should the Facility coffer structural damage equal to fifty Percent (50%) or more of its appraised value, including complete destruction, the City shall have the option of terminating this Agreement or continuing this Operating Agreement in effect by commencing and completing with due diligence any work necessary to restore or OPERATING ACMES +MNT -3- Orepair the premises. Notice of the City's election shall be given within thirty (30) days of the occurrence causing damage. If the Foundation shall have made improvements or alterations to the Facility and shall not yet have fully amortized its expenditures for such imp, c vements or alterations, the City shall and hereby does assign to the Foundation out of any proceeds payable to the City from insurance coverage, a sum equal to any unamortizod portion of such expendihm- This unamortized portion shall be determined by multiplying such expenditures by a fraction, the numerator which shall be the number of years in the unexpired term of the lease and granted extension options at the time of the casualty occurrence, and the denominator shall be the number of years of the term of the lease and granted extension options remaining at the time of the improvement or alteration. 10. INS LANCE AND DiDE WNUY: The City shall carry at full replacement cost fire and extended coverage insurance and such other insurance as it may desire to carry on the Facility. The Foundation shall not be liable for any loss or damage to the premises resulting from fire or other peals insurable under the standard form of fire and extended coverage insurance policy due to any cause whatsoever, except intentional damage by the Foundation or its agents or employees. The City shall not be liable for any loss or damage to the property of the Foundation, except intentional damage by the City or its agents. Prior to and during the performance of the work covered by this Agreement, the Foundation shall provide the Risk Manager for the City of Bremerton with evidence that It has obtained and maintains in full force and effect during the term of this Agreement a policy of public liability insurance, providing coverage of at least $1,000,000.00single limit, naming the City as additional insured. The City's Risk Manager shall be provided thirty 30) days' written notice of any cancellation of said liability insurance. The Foundation agrees to defend, indemnify and save harmless the City, its appointed and elected officers and employees, from and against any and all liability loss, costs, damage and expense, including costs and attorney fees in defense thereof because of actions, claims or lawsuits for damages resulting from personal or bodily injury, including death at any time resulting therefrom, sustained or alleged to have been sustained by any N OPERAMNO AGREEMENT -4- L person or persons and on account of damage to property, arising or alleged to have arisen directly or indirectly out of or in consequence of the Foundation's performance of this Agreement, whether such injuries to persons or damage to p mperty is due to the negligence of the Foundation, its s -I - - -actors, agents, successors or assigns. This provision shall be inapplicstble to the extent the City is judicially found sole negligent for such damage or injury. The City agrees to defend, indemnify and save harmless the Foundation, its appointed and elected officers and employees, from and against any and all liability, loss, costs, damage and expense, including costs and attorney fees in defense thereof because of actions, claims or lawsuits for damages resulting from personal or bodily injury, including death at any time resulting therefrom, sustained or alleged to have been sustained by any Person or persons and on account of damage to property, arising or alleged to have arisen directly or indirectly out of or in consequence of the City'speaformance of this Amt, wbedw such injuries to persons or damage to property is die to the negligence of the City, its subcontractors, agents, successors or assigns. This provision shall be inapplicable to the extent the Foundation is judicially found solely negligent for such damage or injury. 11. GENERAL CONDITIONS: a. Assignability - The Foundation shall not assign any interest in this Agreement and shall not transfer any interest in same (whether by assignment or novation), without the prior written consent of the City thereto; hvwded, howwr, that claims for payment under this Agreement may be assigned. b. Entire Agreement - This Agreement constitutes the entire agreement between the parties and both parties admowledge that there are no other agreements, written or oral, that have not been fully set forth in the text of this Agreement. c. Amendments -The parties hereby further agree that this Agreement cannot be amended or modified without the written concunance of both parties. d. Notices - Any notices required to be given by the City to Foundation or by the Foundation to the City shall be in writing and delivered to the following parties at the following addresses: OPERATING AGREEMENT -5- Mayor, City of Bremerton 239 Fourth Sum Bremerton, WA. 98310 Admiral Theater Foundation 507 Pacific Bremerton, WA 98310 e. Waiver - Failure to insist upon strict compliance with any terms, covenants or conditions of this Agreement shall not be deemed a waiver of such, nor shall any waiver or elinqurshmerrt of such right or power at any time be talon to be a waiver of any other breach. f. Compliance with State, Local and Federal Laws - The Foundadon agrees to comply with all applicable local, state and federal laws in perfor wce of all services under this Agreemeat. g. Applicable Law; Venue - This Agreement shall be construed and interpreted in accordance with the laws of the State of Wasbington and, in the event of dispute, the venue of any action brought hereunder shall be in Kitsap County Superior Court. h. Attorney Fees - The substantially prevailing party in any litigation arising hereunder shall be entitled to its reasonable attorney's fees and court costs, including appeals, if any. 12. TF.RI MATION: Should the electorate fail toeapprov Agreement for an additional term of forty (40) years, under the same teams and conditions, through a proposition on the September 18, 1990, ballot, the Foundation may terminate this Agreement upon ninety (90) days written notice. In the event of breach or default of any material provision of this Agreement, either party may terminate this Agreement upon written notice to the other effective in thirty (30) days if cor echw action has not been commenced and them completed in a timely manner. 1\ 1\ 1 OPERATING AGREEMENT -6- U V oIN WnXMS WHEREOF the parties hereto have umded this Agreement the date and year indicated. THEAD72zTER FOUNDATION Date: 2., BY: OF BRP.iV1HRTON 74" Aa,,tDate: a1 50 LOUIS MENTOR, Mayor ATTEST: vL i «1• m TO FORM: IAN R. VERS, City Attorney Q OPERATING AGREMIENT 7- FIRST ADDENDUM TO OPERATING AGREEMENT 1. jDand P les. This document, for reference purposes only, is dated the, day ,`, 2001 and is entered into by and between the City of Bremerton, hfter referred to as the "City", and the Admiral Theatre Foundation, hereinafter referred to as the "Foundation". 2. General Recitals. a. The City and the Foundation entered into an agreement entitled Operating Agreement' (herein referred to as the "Agreement") dated the 28th day of September 1990. b. As stated in the Agreement the Agreement's purpose was to provide for the renovation of the Admiral Theatre located at 507 Pacific Avenue, Bremerton, Washington and owned by the City and to provide for the operation of a performing and visual arts center for public entertainment, education and cultural events at the Theatre. C. The Foundation has successfully renovated the Admiral Theatre and operated it since its renovation as a successful performing and visual arts center for public entertainment, education and cultural events. d. The purpose of this First Addendum is to clarify the term of the Operating Agreement, to provide funding support for the Admiral Theatre and further clarify conditions of the Agreement. 3. Rrm. The initial temp of this Agreement commenced on September 28, 1990 and shalt terminate on September 27, 2040. 4. Buildina Maintenance. The Foundation is solely responsible for maintaining the Theatre property and improvements therein in good condition. The City shall have no responsibility for building maintenance, repairs or damage to the structure, except to the extent insurance proceeds are available to cover any loss. 5. Financial Contribution. Commencing in calendar year 2002 the City shall pay to the Foundation Ninety Thousand Dollars ($90,000 00) and a like amount each and every year thereafter. Provided, however, the obligation to pay this amount is conditioned upon the following: a. the Foundation properly maintaining the Theatre and its facilities; b. the Foundation continuing to market and provide performing and visual arts at the Theatre on a full-time basis, including education and cultural events; First Addendum to Operating Agreement Paste 1 of 3 EXHIBIT B i C. the Foundation making available to the City's internal auditor all financial information he deems appropriate to determine that the Theatre Is using its funds in accordance with its non-profit purpose and the purpose of the Agreement and this First Addendum thereto, d. the Foundation providing to the City an external audit on a bi- annual basis, commencing in 2003, and the results of that audit showing no significant irregularity, e. the City's hotel/motel tax generates at least $90,000 each year for each 2% of tax imposed; and f. the City Council, in 2004, and every three (3) years thereafter, renews Its commitment to the above-referenoed funding amount or such other amount as it deems within the best interests of the City and its citizens. It is anticipated that the $90,000.00 commitment will be renewed after each three (3) year review, so long as the Foundation has used the funds in a manner that the Council deems as promoting the best interests of the City and its citizens and the purposes of the Hotel/Motel Tax enabling legislation. 6. Confirmation of Agreement Terms. Except as modified by this First Addendum, the terms and conditions of the Agreement are hereby confirmed in their entirety and incorporated herein as If fully set forth in this First Addendum. Date: 1 aZ • 21io - 01 Date:. D/ ATTEST: Kathleen McCluskey, Cleric First Addendum to Operating Agreement Pone 2of3 THE ADMIRAL THEATRE FOUNDATION By. C.. Its: t CITY OF BREMERTON By: Q , /, 4Z' -Z- L n Horton, Mayor APPROVED AS TO Lorent. Combs, City Attorney b%22497bontre adM.clot First Addendum to Operating Agreement Paae 3 of 3 Contract Number: 3223 Vendor: ADMIRAL THEATRE FOUNDATION Subject: Performing Arts Center Department: Finance File Class: LEG 12-1 Begin Date: 09/28/1990 End Date: 09/27/2040 Review Date: 06/01/2010 Vault Date: Comments: Renew after 3 year review per 1St Addendum of 12/01 1St Review 2004/2 Id Review 2007/3 Id Review 2010 Memorandum To: City Council Members Mayor Cary Bozeman From: Laura Lyon, Director of Financial Services Re: Admiral Theatre Agreement — 3 Year Contract Review Date: August 29, 2007 In December of 2001 the City of Bremerton entered into the "First Addendum to Operating Agreement with the Admiral Theatre Foundation" for the purposes of providing ongoing funding for the operations of the Admiral Theatre and to clarify the conditions under which the continuation of funding support would be p"rovided. The summarized terms of the agreement are as follows: Term - Expires on September 27, 2040 Building Maintenance — The Foundation is solely responsible for maintaining - the theatre property and improvements therein in good condition. The City shall have no responsibility for building maintenance, repairs, or damage to the structure, except to the extent insurance proceeds are available to cover any loss. Financial Contribution - Commencing in calendar year 2002 the City shall pay to the Foundation Ninety Thousand Dollars ($90,000.00) and a like amount each and every year thereafter. Provided, however, the obligation to pay this amount is conditioned upon the following: a) The Foundation properly maintaining the Theatre and its facilities; b) The Foundation continuing to market and provide performing and visual arts at the Theatre on a full-time basis, including education and cultural events; c) The Foundation making available to the City all financial information deemed appropriate to determine that the Theatre is using its funds in accordance with its non-profit purpose and the purpose of the City's existing agreements with the Foundation; d) The Foundation providing to the City an external audit on a bi- annual basis, commencing in 2003, and the results of that audit showing no significant irregularity; e) The City's hotel/motel tax generates at least $90,000, each year for each 2% of tax imposed; and f) The City Council, in 2004, and every three (3) years thereafter, renews its commitment to the above referenced funding amount or such other amount as it deems within the best interest of the City and its citizens. It is anticipated that the $90,000 commitment will be renewed after each three (3) year review, so long as the Foundation has used the funds in a manner that the Council deems as promoting the best interests of the City and its citizens and the purposes of the Hotel/Motel tax enabling legislation. The first three year review in 2004 was not conducted by the City as anticipated by the terms of the agreement. It was noted in December of 2005 (while updating the final payment schedule for the interagency loan between the City and the Foundation) that this review was needed and the City Council directed the Director of Financial Services to ensure that the required next three year review (due in 2007) was completed. Accordingly, I have undertaken the review performing the following steps in that process: 1. Reviewed the terms of the contract — noting conditions for continued funding 2. Requested and received internally generated financial reports from the Foundation for the previous 3 year period and the most recent audited financials (year ended August 31, 2006) 3. Conducted an onsite interview and facilities walk through with Ruth Enderle (Executive Director) and Brian Johnson (General Manager) on June 27, 2007. 4. Requested and received on July 6th a recap report from the Foundation outlining actions taken to comply with the agreed upon conditions, including a recap of events conducted in the facilities over the past three year period (report attached) 5. Reviewed current Admiral Theatre Foundation website — noting freshness of information and general program/event marketing contained therein. After reviewing the information collected, I have concluded the following: a) Maintenance of the facilities appears to be adequate. Some repairs and maintenance needs were noted, however, the most pressing items are scheduled to be attended to before the end of 2007. Items to be completed in 2007 include roof repairs, HVAC repair/upgrades; and sound system upgrades. Noted but not immediately scheduled for attention is the need to waterproof the exterior of the building. b) Marketing and provision of performing visual arts (including education and cultural events) have been increasing over the past three year period — with the 2006-2007 season being the largest in offered events to date. However, the theatre expects that the number of events each year will likely remain at or near this current level — as each event requires set up and tear down time and adding more events beyond the current level would not allow adequate time for these activities. The theatre provides a main stage season each year, as well as two film series, and a school day 2 series. A significant number of community events, private events, and commercial events are also hosted each year. Complete listings of the events offered and hosted were provided and reviewed in the conduct of this contract review. The following is a recap of events offered and marketed in the current three year period: 2004-05 2005-06 2006-07 Presented Events 62 62 75 Client Events 35 38 - 49 TOTAL 97 100 124 c) Financial information has been made available to the City as requested and as deemed appropriate to determine that the Theatre is using funds in accordance to Agreement expectations. d) The Foundation provided to the City external audit reports when requested. The audit report was prepared by Clarke Whitney, P.S. Certified Public Accountants for the year ended August 31, 2006 and included an unqualified opinion with no significant irregularities noted. The terms of the Agreement require that the Foundation provide these audited financials on a biannual basis. In practice, the reports were readily provided upon request but have not routinely been submitted to the City. In order to properly comply with the expectations of the Agreement, the Foundation will be requested to place the City on an automatic distribution list for audit reports and City staff will place a tickler in the City's contract file to ensure receipt of such occurs. e) The City's hotel/motel tax generated more than $90,000 each year for each 2% of tax imposed. The following is the hotel/motel tax receipts for the period 2002 through 2006: City of Bremerton Lodging Tax Receipts Year Amount 2002 255,395 2003 203,140 2004 256,068 2005 317,825 2006 333,577 2007 Budget 300,000 Based upon the results of this review and given that the Agreement expressly anticipates that the $90,000 commitment will be renewed after each three (3) year review, so long as the Foundation has used the funds in a manner that the Council deems as promoting the best interests of the City and its citizens and the purposes of the Hotel/Motel tax enabling legislation — it is my recommendation that the City Council renew its commitment to the current funding amount of $90,000/year with staff to conduct the next three year review in 2010. Attachment — July 6, 2007 Summary Report Submitted by Admiral Theatre Foundation CC: Ruth Enderle, Executive Director of the Admiral Theatre 3 F, A1)V I2 5 . I FOLT TT)AT10 NT BOARD OF DIRECTORS Joanne Haselwood, Chairman Jerry Reid, President Donna Gay Boyle, Vice President Lori Johnson, Vice President Judith Rammel, Vice President Earle Smith, Secretary Greg Meyer, Treasurer Ruth Enderle, Executive Director Bryant Arnold Brian Buskirk Louise Cramer Kyle Cruver Michael Huey, DMD Kyle Kincaid Leslie Krueger Abraham Laners Vickie Levi Patricia J. Lund Marilyn Mantzke Paul McCullough, MD Norman McLoughlin John Mitchell Rodney B. Near Sean Olmsted Kimberly Ruona, DDS Tim Ryan Gussie Schaeffer Helen Langer Smith Ed Wolfe July 6, 2007 Laura Lyon, Director of Financial Services City of Bremerton 345 Sixth Street, Suite 600 Bremerton, Washington 98337 Dear Ms. Lyon: Thank you for taking the time to meet with me regarding the agreement between the Admiral Theatre Foundation and the City of Bremerton. On behalf of the Admiral Theatre Foundation Board of Directors, the following report is submitted for your review. As our fiscal year ends on August 31, the information presented covers the period beginning September 1, 2004 through today's date, with projections through August 31, 2007. FACILITY — IN MEMORIAM, FOUNDING CHAIR The Foundation has kept the Admiral Theatre building in excellent condition. As A. H. "Ike' Parker we begin our tenth season, the theatre is requiring work in several major areas including: roof repair; HVAC repair/upgrades; sound system upgrades and HONORARY FUNDRAISING CHAIR exterior waterproofing. It is expected that roof repair, HVAC repair and sound Congressman Norm Dicks system upgrades will be completed by September 2007. THE ADMIRAL THEATRE RECEIVES GENEROUS In 2005, the Foundation purchased the building adjacent to the theatre on the SUPPORT FROM THE CITY NTY. BREMERTOlJ AND KITSAP COUUNwest side and invested more than $2 million to connect the two buildings and create a backstage and loading area, production work spaces, artist dressingCITYOF Cary Boze rooms and a multi-purpose community room. Mayor Cary Bozeman CITY COUNCIL Will Maupin, President (Dist 8) Brad Gehring, Vice President (Dist 1) Cecil McConnell (Dist 2) Adam C. Brockus (Dist 3) Wendy Priest (Dist 4) Mike Shepherd (Dist 5) Dianne Robinson (Dist 6) Carol Arends (Dist 7) Nick Wofford (Dist 9) KITSAP COUNTY BOARD OF COMMISSIONERS Chris Endresen, Chair Jan Angel Josh Brown FINANCE — The Foundation budget has grown only slightly in the past three years, due to the Board's policy of responsible fiscal management. The current year budget is $1.3 million. As compared with other theatres in the region, the Admiral Theatre is in extremely good financial condition and operates efficiently. It receives less than 10% of its budget from public sources — a notable exception among Washington State theatres. Staff is often asked to lead seminars and workshops on funding and budget issues and the Admiral Theatre is well known 515 Pacific Avenue • Bremerton, Washington 98337 • (360) 373-6810 • FAX (360) 405-0673 www.admiraitheatre.org A F, Laura Lyon, Director of Financial Services City of Bremerton July 6, 2007 Page 2 and respected throughout the region for its ability to offer quality and affordability to the community. One measure of theatre quality is the fees paid to professional artists each season. The Admiral Theatre spends more than $300,000 each season to bring professional performances to Bremerton. This risk is completely underwritten by sponsors. BOARD OF DIRECTORS — The Admiral Theatre Foundation is fortunate to have some of the most influential businiess and civic leaders as its Board members. They are responsible for setting policy, financial oversight and raising more than $600,000 annually to support the theatre's program. The Board of Directors includes two CPAs, two attorneys, 15 business owners, 5 banking/ investment professionals, one marketing professional, 29 committed community supporters, and Congressman Norm Dicks as Honorary Fundraising Chairman. Each and every Board member honors the Foundation's Vision and Mission Statement which are: VISION STATEMENT The Admiral Theatre is a symbol of the pride we hold in our West Sound community. MISSION STATEMENT The Admiral Theatre Foundation pledges that the Admiral Theatre shall be the primary link in the encouragement and development of the cultural, civic and entertainment horizons of the entire West Puget Sound. The principles upon which we shall make all our decisions are based in the following core values: A well-equipped and well-maintained performing arts facility for community use Presentation of a selection of arts performances to meet the needs of the community Responsiveness to the needs and interests of local arts and community groups Operation that is fiscally responsible L r I Laura Lyon, Director of Financial Services City of Bremerton July 6, 2007 Page 3 OPERATIONS — The theatre presents a mainstage season each year, as well as two film series, and a schoolday series. It also hosts a large number of community events, private events and commercial events each year. Following is the event history for the period: 2004-05 2005-06 2006-07 Presented Events 62 62 75 Client Events 35 38 49 TOTAL 97 100 124 As each event requires set up and tear down time, it is likely the number of events each year will remain at or near the current level. The Admiral Theatre Foundation is grateful for the support of the City of Bremerton and pledges to continue to provide service to the community which represents an excellent return on investment and which adds irreplaceable value to the lifestyle of our citizens. Respec submitted, Ruth Enderle Executive Director cc: Mayor Cary Bozeman, City of Bremerton Gary Sexton, City of Bremerton Economic Development Congressman Norm Dicks Enclosures: Board of Directors Roster Independent Auditor's Report and Financial Statements, August 31, 2006 Income and Expense Statements for Fiscal Years 2004-05, 2005-06 and 2006-07 Event Lists for 2004-05, 2005-06 and 2006-07 Enter Search Criteria, Press Esc Key to Transmit T1PressDelKeytoTerminateDeleteModeT1 T CHANGE Contract Transactions T Contract Number 3223 endor Name ADMIRAL THEATER FOUNDATION ubject PERFORMING ARTS CENTER epartment ADMIN SVCS tatus Code PRO Amount Begin Date 09/28/1990 Insurance End Date 09/27/2040 Type Amount Review Date 09/01/2007 GL $2000000.00 AL $1000000.00 Insurance Total $3000000.00 Insurance Review Date 09/01/2006 Comments RENEW AFTER 3 YEAR REVIEW PER 1ST ADDENDUM OF 12/12/01 1ST REVIEW 2004/2ND REVIEW 2007 r FIRST ADDENDUM TO OPERATING AGREEMENT 1. Date and Parties. This document, for reference purposes only, is dated the,4k,(,day of4&&,,,&,4 2001 and is entered into by and between the City of Bremerton, hereihafter referred to as the "City", and the Admiral Theatre Foundation, hereinafter referred to as the "Foundation". 2. General Recitals. a. The City and the Foundation entered into an agreement entitled Operating Agreement" (herein referred to as the "Agreement") dated the 28th day of September 1990. b. As stated in the Agreement the Agreement's purpose was to provide for the renovation of the Admiral Theatre located at 507 Pack Avenue, Bremerton, Washington and owned by the City and to provide for the operation of a performing and visual arts center for public entertainment, education and cultural events at the Theatre. C. The Foundation has successfully renovated the Admiral Theatre and operated it since its renovation as a successful performing and visual arts center for public entertainment, education and cultural events. d. The purpose of this First Addendum is to clarify the term of the Operating Agreement, to provide funding support for the Admiral Theatre and further clarify conditions of the Agreement. 3. Term. The initial term of this Agreement commenced on September 28, 1990 and shall terminate on September 27, 2040. 4. Building Maintenance. The Foundation is solely responsible for maintaining the Theatre property and improvements therein in good condition. The City shall have no responsibility for building maintenance, repairs or damage to the structure, except to the extent insurance proceeds are available to cover any loss. 5. Financial Contribution. Commencing in calendar year 2002 the City shall pay to the Foundation Ninety Thousand Dollars ($90,000.00) and a like amount each and every year thereafter. Provided, however, the obligation to pay this amount is conditioned upon the following: a. the Foundation properly maintaining the Theatre and its facilities; b. the Foundation continuing to market and provide performing and visual arts at the Theatre on a full-time basis, including education and cultural events; First Addendum to Operating Agreement Page 1 of 3 C. the Foundation making available to the City's internal auditor all financial information he deems appropriate to determine that the Theatre is using its funds in accordance with its non-profit purpose and the purpose of the Agreement and this First Addendum thereto; d. the Foundation providing to the City an external audit on a bi- annual basis, commencing in 2003, and the results of that audit showing no significant irregularity; e. the City's hotel/motel tax generates at least $90,000 each year for each 2% of tax imposed; and f. the City Council, in 2004, and every three (3) years thereafter, renews its commitment to the above -referenced funding amount or such other amount as it deems within the best interests of the City and its citizens. It is anticipated that the $90,000.00 commitment will be renewed after each three (3) year review, so long as the Foundation has used the funds in a manner that the Council deems as promoting the best interests of the City and its citizens and the purposes of the Hotel/Motel Tax enabling legislation. 6. Confirmation of Agreement Terms. Except as modified by this First Addendum, the terms and conditions of the Agreement are hereby confirmed in their entirety and incorporated herein as if fully set forth in this First Addendum. Date: % oZ • 2_(o-0 / Date: .1,?- / 9- D/ ATTEST: Kathleen McCluskey, Clerk First Addendum to Operating Agreement Paoe 2 of 3 THE ADMIRAL THEATRE FOUNDATION By: fzx_,_ Its: CITY OF BREMERTON By: 'j. a, Z L nn Horton, Mayor APPROVED AS TO Loren b. Combs, City Attorney b\22497\contrad\admiradd#7.doc First Addendum to Operating Agreement Paae 3 of 3 ASSIGNMENT OF FUNDS THIS ASSIGNMENT is to ensure repayment of funds advanced to the ADMIRAL THEATER FOUNDATION ("Foundation") from the CITY OF BREMERTON ("City") for capital improvement to the Admiral Theater, 507 Pacific Avenue, Bremerton, Washington. WHEREAS, the City has entered into a long term operating agreement for its theater complex located at 507 Pacific Ave., Bremerton commonly known as the Admiral Theater; and WHEREAS, the Foundation has received a Section 108 loan guarantee from the Dept of Housing and Urban Development, and the City has agreed to advance funds for the project approved for HUD assistance on an interim basis until the HUD assistance is received; now, therefore, IT IS MUTUALLY AGREED between the parties hereto as follows: 1. The Foundation hereby assign to the City of Bremerton all right, title and interest in funds received through the HUD Section 108 assistance under HUD application B -95 -UC -53-0005 deposited with Kitsap County, or any bank named by Kitsap County as a depository for such funds, up to the amount of all funds advanced to the Foundation by the City, together with all interest, fees or other expenses paid by the City to Kitsap County on behalf of the Foundation. The City is hereby authorized to draw upon the funds upon deposit with Kitsap County. 2. The Foundation agrees to promptly process any agreements or other documents required for release of their Section 108 assistance. 3. The Foundation agrees that funds advanced by the City against the Section 108 grant shall only be expended on projects fully qualified for Section 108 assistance under the terms of the Foundation's application B -95 -UC -53-0005, Loan Approval and Grant Agreement. ADMIRAL THEATER FOUNDATION By: Date: l0la3%g!o Admirel.AOF - IRS 4 - 10/23/96 ADDENDUM TO FUNDING AGREEMENT WHEREAS, the CITY OF BREMERTON, a municipal corporation, and ADMIRAL THEATER FOUNDATION, a duly organized corporation, hereto entered into a Funding Agreement dated August 22, 1995. WHEREAS, the parties desire to amend the Funding Agreement to include the 1996 appropriation of $25,000 from Fund 109 Real Estate Excise Tax. NOW, THEREFORE, in consideration for the mutual covenants set forth below, the parties agree as follows: Section 1. Deposit of Funds shall be amended to read as follows: The City shall place on deposit with the National Bank of Bremerton funds in the amount of 165,000 designated for use for real property improvements to the Admiral Theater. Not later than February 15, 1996 an additional $25,000 shall be placed on deposit with the National Bank of Bremerton designated for use for real property improvements to the Admiral Theater. The City of Bremerton and Admiral Theater Foundation agree that all provisions of the original agreement which are not in conflict with this Addendum to Contract shall remain in full force and effect. CITY OF BREMERTON By: 'J- LYNN S. HORTON, Mayor Date: 1— `l -9:6 ATTEST: KATHLEEN MCCLUSKEY, City Clerk ADMIRAL THEATER FOUNDATION Date: 1-14-94 FUNDING AGREEMENT Admiral Theater Improvements This agreement made and entered into this Zk*. day of , 1995, by and between the City of Bremerton, a First Class City of the State of Washington, (hereinafter referred to as "City") and the Admiral Theater Foundation, a non-profit corporation organized under the laws of the State of Washington, (hereinafter referred to as "Foundation"), WHEREAS, the City is the owner of the Admiral Theater Facility at 507 Pacific Avenue, Bremerton, Washington; the Admiral Theater, and WHEREAS, the City wishes to fund improvements to its property in addition to those funded by the Foundation, W I T N E S S E T H: For and in consideration of the mutual covenants and promises contained in the Operating Agreement, and other valuable consideration, the parties hereto agree as follows: 1. DEPOSIT OF FUNDS: The City shall place on deposit with the National Bank of Bremerton funds in the amount of $165,000 designated for use for real property improvements to the Admiral Theater. 2. WITHDRAWAL OF FUNDS: FUNDING AGREEMENT -1- ADM-FUND.AGT - Dentonio Disk 1 - 7/12/95 Funds may be withdrawn for use by WHEREAS, an Operating Agreement, attached as Appendix "A" and incorporated h re' by this reference, was entered into the 28th of September etween the City and the Foundation for the operation of the Admiral Theater, and WHEREAS, the City wishes to fund improvements to its property in addition to those funded by the Foundation, W I T N E S S E T H: For and in consideration of the mutual covenants and promises contained in the Operating Agreement, and other valuable consideration, the parties hereto agree as follows: 1. DEPOSIT OF FUNDS: The City shall place on deposit with the National Bank of Bremerton funds in the amount of $165,000 designated for use for real property improvements to the Admiral Theater. 2. WITHDRAWAL OF FUNDS: FUNDING AGREEMENT -1- ADM-FUND.AGT - Dentonio Disk 1 - 7/12/95 Funds may be withdrawn for use by the Foundation for improvements authorized under paragraph four (4) of the Operating Agreement upon the signatures of the City Mayor, the City Treasurer and a duly designated representative from the Foundation. The City shall provide or authorize a balance statement for the assigned account to the Foundation. 3. INTEREST: Interest accrued on the funds on deposit will accrue for improvements as outlined in paragraph two (2) of this agreement. 4. TERMINATION: This agreement shall terminate upon termination of the Operating Agreement for any reason by either party; or exhaustion of the Funds on deposit in the assigned account. 5. GENERAL PROVISIONS: a. Assignability - The Foundation shall not assign any interest in this Agreement and shall not transfer any interest in same (whether by assignment or novation) without the prior written consent of the City thereto. b. Entire Agreement - This Agreement constitutes the entire agreement between the parties and both parties acknowledge that there are no other agreements, written or oral, that have not been fully set forth in the text of this Agreement. There is attached hereto and incorporated by reference as part of this Agreement Attachment "A". C. Amendments - The parties hereby further agree that this Agreement cannot be amended or modified without the written concurrence of both parties. FUNDING AGREEMENT -2- ADM-FUND.AGT - Dantonio Disk 1 - 7/12/95 d. Notices - Any notices required to be given by the City to the Foundation or by the Foundation to the City shall be in writing and delivered to the parties at the following addresses: City Clerk Admiral Theater Foundation 239 Fourth St. 507 Pacific Bremerton, WA 98337 Bremerton, WA 98310 e. Waiver - Failure to insist upon strict compliance with any terms, covenants or conditions of this Agreement shall not be deemed a waiver of such, nor shall any waiver or relinquishment of such right or power at any time be taken to be a waiver of any other breach. f. Compliance with State, Local and Federal Laws - the Foundation agrees to comply with all applicable local, state and federal laws in performance of all services under this Agreement. g. Applicable Law; Venue - This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington and, in the event of dispute, the venue of any action brought hereunder shall be in Kitsap County Superior Court. h. Attorney Fees - The substantially prevailing party in any litigation arising hereunder shall be entitled to its reasonable attorney's fees and court costs, including appeals, if any. IN WITNESS WHEREOF the parties hereto have executed this Agreement the date and year indicated. THE ADMIRAL THEATER FOUNDATION Date if qS BY: FUNDING AGREEMENT -3- ADM-FUND.AGT - Dantonio Disk 1 - 7/12/95 Date: (, 2-S 1S ATTEST: KATHLEEN MCCLUSKEY, Jerk A OVE O FORM: IAN R. EVERS, City Attorney FUNDING AGREEMENT -4- CITY OF BREMERTON sz,14L LYfrN HORTON, Mayor OPERATING AGREEMENT Admiral Theater Facility THIS AGREEMENT made and entered into this A day of day, 1990, by and between the City of Bremerton, a First Class City of the State of Washington, (hereinafter rAerred to as "City") and The Admiral Theater Foundation, a non-profit corporation organized under the laws of the State of Washington (hereinafter referred to as Foundation"). WITNESSETH: 1. SCOPE OF SERVICES: The Foundation shall manage the Admiral Theater facility, located at 507 Pacific Avenue, Bremerton, Washington, including all building areas and appurtenances (hereinafter referred to as "Facility") for the purpose of operating a performing and visual arts center for public entertainment, education and cultural events in the auditorium and associated areas (hereinafter "Theater") and managing the rental of office and commercial retail spaces. The Foundation's duties are as follows: a) Complete renovation of the building and have the Facility operational no later than five (5) years from the effective date of this Agreement. Operational shall mean the Facility is immediately available for tenant or public use, including City use under subpart (h) and all other duties of the Foundation under this section shall commence; b) Building security; c) Building cleaning, maintenance and repairs, including removal of ice and debris from walks and common areas; replacement of broken glass, electrical fixtures, plumbing fixtures and seating; and interior and exterior plastering, wall coverings and painting; d) Advertise for tenants and negotiate and collect rents for all office and retail spaces of the Facility; e) Promote Theater utilization by every means of advertising designed to attract performing and visual arts events and attendees; f) Provide for operation of the Theater and appropriate concessions; and g) Promulgate rules, policies and regulations for rental procedures, charges, hours of operation, and uses of the Facility not inconsistent with this Agreement. Rules and regulations shall specifically prohibit the giving of tickets or other free entry to any performance or event to any City or Foundation employee or officer, except in the performance of their duties; and OPERATING AGREEMENT -1- h) Provide the Theater for City use upon request for a minimum of twelve (12) days each year at a nominal fee sufficient to cover utilities, security, and janitorial services or other direct expense of use. Scheduling shall not interfere with previously scheduled performances. 2. TERM: The term of this Agreement shall begin on the date of execution and continue ten (10) full years thereafter, unless terminated earlier under the provisions of this Agreement. The Foundation shall have the option to extend this Agreement for such additional term, under the same terms and conditions, as may by approved by a vote of the City electorate at the November 1990 general election. Notice to exercise said option shall be given at least ninety (90) days prior to the expiration of the original term. 3. COMPENSATION: The Foundation shall be entitled to retain all revenues collected from rental spaces, concessions and admission charges to the Theater. Admission taxes, as defined by City ordinance, collected from the Admiral Theater, shall be paid monthly to the City Treasurer for deposit in the City's Admiral Theater Fund. The City disclaims any interest in any revenues generated through fund raising activities of the Foundation. 4. ALTERATIONS: The Foundation shall not make any structural alterations, without the expressed written consent of the City Council. Any such alterations consented to by the City Council shall be at the Foundation's expense. The Foundation shall secure any and all governmental permits required in connection with such work and shall hold the City harmless from any and all liability and any and all liens resulting therefrom. All alterations, additions and improvements, except trade fixtures and appliances and equipment which do not become a part of the building shall immediately become the property of the City without obligation. Upon removal of any trade fixtures, appliances and equipment which did not become part of the Facility, the Foundation shall repair any damage caused by removal. 5. UTILITIES AND TAXES: The Foundation shall be responsible for providing the building with all utilities, including light, heat, electricity, water, sewer, gas, garbage, and telephone. The Foundation shall pay all utility charges. OPERATING AGREEMENT -2- The Foundation shall pay all State leasehold excise taxes, personal property taxes and sales taxes incurred by the Foundation's occupation and operation of the Facility. 6. RELATIONSHIP OF PARTIES: The parties understand and agree that the Foundation is an association skilled in matters pertaining to the scope of work and will perform independent functions and responsibilities in the area of its particular field of expertise. The Foundation and its personnel shall act as independent contractors and not employees of the City. As such they have no authority to bind the City nor control employees of the City, contractors, or other entities. The Mayor will be the responsible official for fulfilling continuing responsibilities of the City. 7. NONDLSCREVENATION: The Foundation shall not discriminate in any manner on the basis of sex, race, color, creed, or national origin, age, marital status, physical, mental or sensory handicap unless based on a bona fide occupational qualification. 8. REPORTS AND INFORMATION: The Foundation will maintain accounting records in accordance with generally accepted accounting principals and make the financial records available to the City upon reasonable request of the Mayor. Within sixty (60) days after the end of the fiscal year of the Foundation, the Foundation shall deliver to the City a written financial operating statement. Within ninety (90) days of the end of the Foundation's fiscal year, the Foundation shall provide the City with a written report setting the description and cost of all capital operations performed by the Foundation, improvements, maintenance, and repairs of the Facility during the previous twelve (12) months. Said report shall also contain a projection as to the anticipated alterations, improvements, maintenance and repairs expected during the ensuing twelve (12) month period. The Foundation will present to the City a business plan, including actions, milestones, and financial projections (a standard small business plan) within six (6) months of the effective date of this Agreement. 9. CASUALTY/LOSS: Should the Facility suffer structural damage equal to fifty percent (50%) or more of its appraised value, including complete destruction, the City shall have the option of terminating this Agreement or continuing this Operating Agreement in effect by commencing and completing with due diligence any work necessary to restore or OPERATING AGREEMENT -3- repair the premises. Notice of the City's election shall be given within thirty (30) days of the occurrence causing damage. If the Foundation shall have made improvements or alterations to the Facility and shall not yet have fully amortized its expenditures for such improvements or alterations, the City shall and hereby does assign to the Foundation out of any proceeds payable to the City from insurance coverage, a sum equal to any unamortized portion of such expenditures. This unamortized portion shall be determined by multiplying such expenditures by a fraction, the numerator which shall be the number of years in the unexpired term of the lease and granted extension options at the time of the casualty occurrence, and the denominator shall be the number of years of the term of the lease and granted extension options remaining at the time of the improvement or alteration. 10. INSURANCE AND I14DFM'4IW: The City shall carry at full replacement cost fire and extended coverage insurance and such other insurance as it may desire to carry on the Facility. The Foundation shall not be liable for any loss or damage to the premises resulting from fire or other perils insurable under the standard form of fire and extended coverage insurance policy due to any cause whatsoever, except intentional damage by the Foundation or its agents or employees. The City shall not be liable for any loss or damage to the property of the Foundation, except intentional damage by the City or its agents. Prior to and during the performance of the work covered by this Agreement, the Foundation shall provide the Risk Manager for the City of Bremerton with evidence that it has obtained and maintains in full force and effect during the term of this Agreement a policy of public liability insurance, providing coverage of at least $1,000,000.00,single limit, naming the City as additional insured. The City's Risk Manager shall be provided thirty 30) days' written notice of any cancellation of said liability insurance. The Foundation agrees to defend, indemnify and save harmless the City, its appointed and elected officers and employees, from and against any and all liability loss, costs, damage and expense, including costs and attorney fees in defense thereof because of actions, claims or lawsuits for damages resulting from personal or bodily injury, including death at any time resulting therefrom, sustained or alleged to have been sustained by any OPERATING AGREEMENT -4- person or persons and on account of damage to property, arising or alleged to have arisen directly or indirectly out of or in consequence of the Foundation's performance of this Agreement, whether such injuries to persons or damage to property is due to the negligence of the Foundation, its subcontractors, agents, successors or assigns. This provision shall be inapplicable to the extent the City is judicially found sole negligent for such damage or injury. The City agrees to defend, indemnify and save harmless the Foundation, its appointed and elected officers and employees, from and against any and all liability, loss, costs, damage and expense, including costs and attorney fees in defense thereof because of actions, claims or lawsuits for damages resulting from personal or bodily injury, including death at any time resulting therefrom, sustained or alleged to have been sustained by any person or persons and on account of damage to property, arising or alleged to have arisen directly or indirectly out of or in consequence of the City's performance of this Agreement, whether such injuries to persons or damage to property is due to the negligence of the City, its subcontractors, agents, successors or assigns. This provision shall be inapplicable to the extent the Foundation is judicially found solely negligent for such damage or injury. 11. GENERAL CONDITIONS: a. Assignability - The Foundation shall not assign any interest in this Agreement and shall not transfer any interest in same (whether by assignment or novation), without the prior written consent of the City thereto; Provided, however, that claims for payment under this Agreement may be assigned. b. Entire Agreement - This Agreement constitutes the entire agreement between the parties and both parties acknowledge that there are no other agreements, written or oral, that have not been fully set forth in the text of this Agreement. c. Amendments - The parties hereby further agree that this Agreement cannot be amended or modified without the written concurrence of both parties. d. Notices - Any notices required to be given by the City to Foundation or by the Foundation to the City shall be in writing and delivered to the following parties at the following addresses: OPERATING AGREEMENT -5- Mayor, City of Bremerton 239 Fourth Street Bremerton, WA. 98310 Admiral Theater Foundation 507 Pacific Bremerton, WA 98310 e. Waiver - Failure to insist upon strict compliance with any terms, covenants or conditions of this Agreement shall not be deemed a waiver of such, nor shall any waiver or relinquishment of such right or power at any time be taken to be a waiver of any other breach. f. Compliance with State, Local and Federal Laws - The Foundation agrees to comply with all applicable local, state and federal laws in performance of all services under this Agreement. g. Applicable Law; Venue - This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington and, in the event of dispute, the venue of any action brought hereunder shall be in Kitsap County Superior Court. h. Attorney Fees - The substantially prevailing party in any litigation arising hereunder shall be entitled to its reasonable attorney's fees and court costs, including appeals, if any. 12. TERMINATION: Should the electorate fail to approve Agreement for an additional term of forty (40) years, under the same terms and conditions, through a proposition on the September 18, 1990, ballot, the Foundation may terminate this Agreement upon ninety (90) days written notice. In the event of breach or default of any material provision of this Agreement, either party may terminate this Agreement upon written notice to the other effective in thirty (30) days if corrective action has not been commenced and thereafter completed in a timely manner. OPERATING AGREEMENT -6- IN WITNESS WHEREOF the parties hereto have executed this Agreement the date and year indicated. O/ THEAD TER FOUNDATION 7Date: ! 2,2 BY: Date: CikD%t to ATTEST: CrrA OF BREMERTON U,WL LOUIS MENTOR, Mayor KATHLEEN McCLUSKEY, berk PR D S TO FORM: IAN R. S VERS, City Attorney OPERATING AGREEMENT -7- OPE UMNG AGREEl1dE1VT A*"Mxwkrftcft TM AGRP MNT made and entered into this day of lady, 1990, by and between the City of Bremerton, a First Class City of the State of Washington, (mer referred to as "City') and The Admiral Theater Foundation, a non-profit corporation organized under the laws of the State of Washington (hereinafter rderred to as Foundaf;w). WITNESSETH: 1. SCOPE OF SERVICES: The Foundation shall manage the Admiral Theater facility, located at 507 Pacific Avenue, Bremerton, Washington, including all building areas and appuutenances {hereinafter referred to as "Facility") for the purpose of operating a performing and visual arts center for public entertainment, education and cultural events in the auditorium and associated areas (hereinafter 'Theater') and managing the rental of office and commercial retail spaces. The Foundation's duties are as follows: a) Complete renovation of the building and have the Facility operational no later than five (5) years from the effective date of this Agreement. Operational shall mean the Facility is immediately available for tenant or public use, including City use under subpart (h) and all other duties of the Foundation under this section shall commence; b) ; c) Building cleaning, maintenance and repairs, including removal of ice and debris from walks and common areas; replacement of broken glass, ciecond fixtures, plumbing fixtures and seating; and interior and exterior plastering, wall coverings and painting; d) Advertise for tenants and negotiate and collect rents for all office and retail spaces of the Facility; e) Promote Theater utilization by every mems of advertising designed to attract performing and visual arts events and attendees, M Provide for operation of the Theater and appropriate cwcesdons; and g) Promulgate riles, policies and regulations for rental procedures, charges, hours of operation, and uses of the Facility not mconustent with this AgneenmL Rules and regulations shall speifically prohibit the giving of tickets or other *free entry to any perfarmance or event to any City or Foundation employee or offices, crept in the perfarmanc a of their duties; and OPERATING A -1- h) Provide the Theater for City use upon request for a minimum of twelve (12) days each year at a nominal fee sufficient to cover utilities, security, and janitorial savices or other direct expense, of use. Scheduling shall not interfere with previously scheduled performances. 2. TERAft The tern of ibis Agreement shall begin on the date of execution and continue ten (10) full yea=s thereafter, unless terminated earlier under the provisions of this Agreement. The Foundation shall have the option to extend this Agreement for such additional term, urMder the same tams and editions, as may by approved by a vote of the City elactorate at the November 1990 general election. Notice to exercise said option shall be given at least ninety (90) days prior to the a0ration of the original term. 3. COAMOiSATION: The Foundation shall be entitled to retain all revenues collected from rental spaces, concessions and admission charges to the Theater. Admission taxes, as defined by City ordinance, collected from the Admiral Theater, shall be paid monthly to the (Sty Tbeasurear for deposit in the City's Admiral Theater Food. The City disclaims any interest in any revenues generated through fund raising activities of the Foundation. 4. ALTERATIONS: The Foundation Shan not malar any structural alterations, without the expressed written consent of the City Council. Any such alterations consented to by the City Council shall be at the Foundation's expense. The Foundation shall secure any and all governmental permits required in connection with such work and shall hold the City harmless from any and all liability and any and all liens resulting th ezefrom. All alterations, additions and impmvemee ls, except trade fixtures and appliances and equipment which do not become a part of the building shall immediately become the property of the City without obligation. Upon removal of any trade fixtures, appliances and equipment which did not become part of the Facility, the Foundation shall repair any damage caused by removal. S. UTII.i1W AND TAXES: The Foundation shall be responsible for providing the building with all utilities, including light, heat, electricity, water, sewer, gas, garbage, and telephone. The Foundation Shan pay all utility charges, OPERATINGA -2- The Foundation shall pay all Static leasehold excise taxes, personal property taxes and Sao taxes incurred by the Fou mdation's occupation and operation of the Facility. 6. RELATIONSHIP OF PARTJS: The parfm understand and agree that the Foundation is an association skilled in matters pertaining to the SCOW of work and will perform independent fwxdons and responsibilities in the area of its particular field of expertise- The Foundation and its personnel shall act as independent contractors and not employees of the City. As such they have no authonty to bind the City nor control employees of the City, contractors, or other entities. The Mayor will be the responsible official for fulfilling ooatinning reapons-bilities of the City. 7. NONDISCRIlVMATION: The Foundation shalt not discriminate in any manner on the basis of sea, race, color, creed, or national origin, age, marital status, physical, mental or sensory handicap unless based on a bona fide occupational gaalific tion. S. REPORTS AND INFORMATION: The Foundation will maintain ac=mtine records in accordance with generally accepted accounting principals and make the financial records available to the City upon reasonable request of the Mayor. Within sixty (60) days atter the end of the fiscal year of the Foundation, the Foundation shall deliver to the City a written financial operating statement. Within ninety (90) days of the end of tine Fm's fiscal year, the Foundation shall provide the City with a written repot setting the dampaon and cast of all capital operations performed by the Foundation, improvements, maintenance, and repairs of the Facility during the previous twelve (12) months. Said report shall also contain a projection as to the antic 4x tod alterations, its, maintenance and repairs expected during the ensuing twelve (12) month period. The Foundation willpresent to the City a business plan, including actions, milestones, and financial projections (a standard small business plan) within six (6) months of the effective date of this Agreement. 9. CASUALTY/IASS: Should the Facility sufkr structural damage equal to fifty percent (50%) of mare of its appraised value, inducting complete destruction, the City shall have the option of terminating this Agreement or continuing this Operating Agreement in effect by commencing and complcting with due diligence any work noir to restore or OPERATING A -3- NOW %% fir the premises. Notice of die City's dec tion shall be gim within thirty (30) days of the occurrence causing damage. If the Foundation shall have made impmvemeab or altecafms to the Facility and shall not yet have fully amortized its aspeadhu es for such imltt+ovements or shmations, the City shall and bcmby does assign to the Foundation out of any proceeds payable to, the City from insurance coverage, a sum equal to any unamortiaed portion of such expenditures. This un mmdzed portion shall be determined by multiplying such expenditures by a fraction, the numerator which shall be the number of years in the unexpired term of the base and granted extension options at the time of the casualty occurrence, and the dRomirmator shall be the number of years of the teem of the lease and granted extension options remaining at the time of the imp, --- or alteration. 10. WSORANCE AND MEMMTY: The City shall carry at full replacement cost fire and extended coverage insurance and such other insurance as it may desire W carry on the Facility. The Foundation shall not be liable for any loss or damage to the premises resulting from fire or other perms insurable under the standard form of fire and extended canrmp inscrrance policy due to any CZU3V wbatsoever, except intentional damage by the Foundation or its agents or employees. The City shall not be liable for any loss or damage to the property of the Foundation, except intentional damage by the City or its agents. Prior to and during the performance of the worn covered by this Agr went, the Foundation shall provide the Risk 1lfanW for the City of Brzmerton with evidence that it has obtained and maintains in full force and effect during the term of this Agreement a Policy of public liability insurance, providing coverage of at least $1,000,000.00 ggle limit, naming the City as additional insur+od. The City's Risk Manager shall be provided thirty 30) days' written notice of any cancellation of said liability insurance. The Foundation agrees to defend, indemnify and save harmless the City, its appointed and elected officers and employees, from and against any and all liability loss, costs, damage and expense, including tests and aftomey foes in defense thereof because of actions, claims or lawsuits for damages resulting from pmmd or bodily nVury, including death at ally time resulting therehom, sustained or afted to have been sustained by any OPERATING AGREEMENT -4- person or persons and on account of damage to Property, arising or alleged to have arisen directly or indirectly out of or in consequence of the Foundation's performance of this Agreement, whether such injuries to persons or damage to property is due too the negligence of the Foundation, its suboontiractors, agents, successors or assigns, This provision shall be inapplicable to the extant the City is judicially found sole negligent for such damage or injury. The City agrees to defend, indemnify and save harmless the Foundation, its appointed and elected officers and employees, from and against any and all liability, loss, coists, dam -me and otpense, incduding costs and attorney fees in defense thereof because of actions, Chahar or lawsuits for damages resulting ficin personal or bodily injury, m dudmg death at any time resulting therefrom, sustained or alleged W have been sustained by any person or persons and on account of damage to property, arising or alleged to have arisen directly or indirectly out of or in consequence of the City'sperlarmanee of this Agreement, whether such injuries to persons or damage to property is due to the negligence of the City, its subcontractors, agents, yrs or assigns. This provision shall be inapplicable to the extent the Foundmion is judicially found soaely negligent for rwh damage or injury, 11. GENERAL CONDITIONS: a. Assignability - The Foundation shall not assign any interest in this Agr=ment and shall not transfer any interest in same (whetter by asses or novation), without the prior written consent of the City thereto; Provided, however, that claims for payment under this Agreement may be assigned. b. Fntire Agreement - This Agreement constitutes the entire agreement between the parties and both parties acknowledge that there are no other agreements, written or oral, that have not been fully set forth in the text of this Agreement. c. Amendments -The parties herby further agree that this Amt cannot be amended or modified without the written conci raeaoe of both parties. d. Notices - Any notices required to be given by the City to Foundation or by the Foundation to the City shall be in wfiting and delivered m the following parties at the following addresses: OPMATMG AGREHUMT -5- Mayor, City of Bremerton 239 Fourth Street Bremerton, WA. 98310 Nwe Admiral Theater Foundation rn7 Pacific Bremerton, WA 98,310 e. Waiver - Failure to insist upon strict compliance with any terms, covenants or conditions of this Agreement shall not be deemed a waiver of such, nor shall any waiver or relinquishment of such right or power at any time be bdmn to be a waiver of any other breach. f. Compliance with State, Local and Federal Laws - The Foundation agrees to comply with all applicable local, state and federal laws in puf mum of all services under this Agreement. g. Applicable Law; Venue - This Agreement shall be cid and interpreted in accordance with the laws of the State of Washington and, in the event of dispute, the venue of any action brought hereunder shall be in Kitsap County Superior Court. h. Attorney Fees - The substantially pmvaftg party in any litigation arising hereunder shall be entitled to its zeasonable attorney's fees and court costs, inrcluding appeals, if any. 12. TERMMATION: Should die elec Carate fail to approve Agreement for an additional term of forty (40) years, under the same terms and conditions, through a proposition on the September 18, 1990, ballot, the Foundation may terminate this Agreement upon ninety (90) days written notice. In the event of breach or default of any material provision of this Agreement, either Party may teinate this Agreement upon written notice to the other effective in thirty (30) days if corrective action has not been commenced and thereafter completed in a timely manner. 1 OPERATING A -& 1 :1: : • ' 11 1'I 1 .+ I .tl I 1 a .Y I.1 I V -. I 1 1',' 1 f' I C OF BRBMERTON Dom `t 1 ao.110. LOIIIS MENTOR, Mayor 1 V: i :ia Z MUM,M OPERATING AGREBMENT -7- ______________________________________________________ CITY AUDITOR 345 6th Street, Suite 600, Bremerton, WA 98337-1873 & Phone (360) 473-5369 July 18, 2017 To: Audit Committee Members Pat Sullivan, Audit Committee Chair and Council Member Deborah McDaniel, Audit Committee Vice-Chair Eric Younger, CPA, Council President Dennis Treger, CPA, Audit Committee Member Anthony Hillman, CPA, Audit Committee Member Re: Admiral Theatre Review Dear Audit Committee Members: At your request and based on the information available to date, I am submitting a report summarizing my review of the history between the City of Bremerton (“City”) and the Admiral Theatre Foundation (“Foundation”), a 501(c)(3) not-for-profit organization. The 3rd Addendum to the City’s Operating Agreement with the Foundation will be expiring on December 31, 2017. The Operating Agreement is in place until September 27, 2040. Renewal of funding or any changes to contract terms require City Council approval. This report is intended to provide background information to assist Council in its contract renewal deliberations. My work included the consideration and/or analysis of certain records including those referenced in Exhibit A and the Admiral Theatre Foundation Financial Statements 2007 through 2016. THEATRE PURPOSE The Admiral Theatre (“Theatre”), located at 515 Pacific Avenue, is a performing and visual arts center for public entertainment, education and cultural events. The Theatre’s website states their venue, “welcome(s) more than 50,000 patrons annually to 110 diverse performances and special events including concerts, theatre, dance, comedy, movies, and more”. In addition to live entertainment, the space is advertised for weddings and special event rental. Theater as an industry also contributes to the economy and potentially to a community’s revitalization. Audiences create demand for restaurants, which in turn creates jobs. And cities invest in neighborhood improvements resulting in a more vibrant community. Admiral Theatre Review July 18, 2017 Page 2 of 11 ADMIRAL THEATRE BACKGROUND In 1941, the Theatre was constructed for an estimated cost of $250,000. On May 7, 1942, the Theatre opened its art deco movie house doors with “Reap the Wild Wind”. Competing with suburban multiplex cinemas, the Theatre was triplexed in the 1980s. Despite attempts to remain competitive, the tenant left the building and the Theatre closed on May 17, 1989, during a global recession and a period when locally, large businesses were relocating from Bremerton to Silverdale. Amid discussions on how to bring about redevelopment in downtown Bremerton, which included the performing arts, the City purchased the Theatre building for $75,000 from the Bremer Trust in December 1989. In 1990, a group of local business and community leaders formed the non-profit Admiral Theatre Foundation. The City entered into a September 28, 1990 Operating Agreement (“Agreement”) with the Foundation to renovate and manage the Theatre. In addition to the Operating Agreement, there have been three Addendums and several Professional Services Agreements as shown in the timeline below. A more comprehensive timeline is attached as Exhibit A. CITY’S OPERATING AGREEMENT WITH THE FOUNDATION Following are some of the key provisions of the City’s September 28, 1990 Agreement with the Foundation: Scope of services: Renovate the building and have the Facility operational within five years; building security; building cleaning, maintenance and repairs; advertise for tenants and negotiate and collect rents for all office and retail spaces of the Facility; promote Theatre utilization; provide for operation of the Theatre and concessions; and promulgate rules, policies and regulations for uses of the Facility. Term: Ten years (with an additional 40-year term subject to voter approval as noted below.) Compensation: The Foundation is entitled to retain all revenues collected from rental spaces, concessions and admission charges to the Theatre. The City Operating Agreement 1990 Theatre Opens May 1997 Professional Service Agreements 1999-2001 First Addendum $90K Dec 2001 Tourism Promotion Service Agreements 2008-2012 2nd Addendum $150K for 5 years Jan 2013 3rd Addendum clarification Jul 2015 to present Admiral Theatre Review July 18, 2017 Page 3 of 11 disclaims any interest in any revenues generated through fundraising activities of the Foundation.1 Utilities and taxes: The Foundation shall pay all utility charges, State leasehold excise taxes, personal property taxes, and sales taxes incurred by the Foundation’s occupation and operation of the facility. Termination: If the voters did not approve an additional 40 year term on September 18, 1990, the Foundation could terminate the Agreement with 90 days written notice.2 Either party can terminate the agreement in the event of breach or default of any material provision of the Agreement. It appears putting the 40-year extension to the voters may stem from ARTICLE IX, Section 37 of the City Charter, which states, “No franchise shall ever be granted for a term longer than ten years, excepting upon a majority vote of the electors, and in no event will a franchise be granted for a period longer than fifty years, nor any franchise be renewed or extended until within two years of the expiration thereof.” Whether the Theatre is a franchise is unclear.3 CITY FUNDING FOR RENOVATIONS In an August 1995 Funding Agreement, the City agreed to provide $165,000 of funding toward the Theatre renovation. In January 1996, the City agreed to provide an additional $25,000 toward the renovation from real estate excise taxes. The Foundation completed the $4.2 million renovation, which transformed the movie house into a live performance theatre and facility for multiple community uses. In May 1997, the Admiral Theatre was re-opened. ADMIRAL THEATRE LODGING TAX HISTORY In July 1998, the City Administration proposed increasing the Hotel/Motel Tax from two percent on the sale of lodging to four percent, and to use the additional tax proceeds to benefit Admiral Theatre operations. It was proposed that the use of the additional tax would be reviewed annually by City Council. Then-Mayor Lynn Horton stated the proposed Tax increase was in response to a request from the Foundation Board Members and Director for a subsidy, at least for a period of time, to allow their new business to get to the point where it was self-sufficient. The issue was brought before the Lodging Tax Advisory Committee (“LTAC”), which adopted the following recommendation, “The Lodging Tax Advisory Committee agrees with the proposed increase in the Room Tax with the stipulation that all groups meet the same criteria 1 The agreement has no provision for building rent, and the City does not charge rent for the building. 2 The Agreement was originally dated July 28, 1990 but wasn’t executed until September 28, 1990, ten days after the election in which voters overwhelmingly (77%) approved the additional 40-year term. 3 A definition for “franchise” in Oxford Dictionary is: an authorization granted by a government or company to an individual or group enabling them to carry out specified commercial activities… Admiral Theatre Review July 18, 2017 Page 4 of 11 for funding from the full 4% Tax annually. Any immediate increase should be resubmitted at the end of the year for equal consideration.” Mayor Horton recommended that if the additional two percent tax was approved, the additional funds be earmarked for the Admiral Theatre on an annual basis. The Mayor cited the following to support her recommendation:  The Theatre building is owned by the City and the City contracts with the Foundation for the Theatre’s operation;  The voters approved the City to grant the Foundation a 50-year lease;  The Foundation’s budget was conservative;  The Theatre’s upcoming season of events is well rounded with performances for all ages and tastes; and  The Mayor was intending to bring forward a budget adjustment that would identify a $50,000 loan to the Theatre, which would be repaid $10,000 each year through the increased Hotel/Motel Tax. The Ordinance to increase the Hotel/Motel Tax from two to four percent was unanimously adopted by the nine Council Members on July 15, 1998. PROFESSIONAL SERVICES AGREEMENTS It appears the City and Foundation entered into a one-year Professional Services Agreement (“PSA”) dated January 1, 1999 for the purpose of providing funding for the Theatre. Two addendums extended the PSA funding through December 31, 2001, with each addendum extending the funding for one year. It appears the Foundation received $90,000 each year under the PSAs, for a total of $270,000. FOUNDATION REQUEST FOR CITY FUNDING IN PERPETUITY While operating under the one-year PSA funding agreements, the Foundation president issued a September 19, 2000 letter to Mayor Horton and Carol Arends, Council President, requesting the City enter into an agreement to pay the two percent tax annually, in perpetuity, to the Foundation for operating expenses. The request includes a list of what might be considered justifications for the request, as noted below:  Bremerton voters approved a 50-year lease for the Theatre by a 77 percent vote;  The Foundation renovated the building at a cost of $4.2 million, creating a substantially more valuable asset for the people of Bremerton;  The Foundation Board has provided professional management and fiscal responsibility to the Theatre since 1997;  The Theatre provides community benefits in cultural access, education, and economic development; Admiral Theatre Review July 18, 2017 Page 5 of 11  The City Council created an additional two percent tax to provide the long-term financial stability needed to sustain the growing community demand for performance arts programming at the Theatre;  Many Washington cities support their theatres with funding from hotel/motel tax revenues;  The Theatre is one of the local attractions that make Bremerton unique. FIRST ADDENDUM TO OPERATING AGREEMENT As the expiration of the PSA that provided funding to the Theatre for three years drew near, the parties entered into a December 12, 2001 First Addendum to the Operating Agreement (“First Addendum”) that clarified the term of the Operating Agreement and provided $90,000 annual funding support for the Theatre. The funding provision in this addendum states it is anticipated that the funding commitment will be renewed every three years as long as the Foundation uses the funds in a manner that the Council deems as promoting the best interests of the City and its citizens and the purposes of the Hotel/Motel Tax enabling legislation. Key provisions in the First Addendum are as follows: Term: The term of the contract shall terminate on September 27, 2040. Building maintenance: The City has no responsibility for building maintenance, repairs or damage except to the extent insurance proceeds are available to cover any loss. Financial contribution: Commencing in 2002, the City will pay to the Foundation $90,000 and a like amount each and every year thereafter. The obligation to pay this amount is conditioned upon:  The Foundation properly maintaining the Theatre and its facilities;  The Foundation continues to market and provide performing and visual arts on a full time basis;  The Foundation makes available to the City’s internal auditor all financial information deemed appropriate to determine the Theatre is using its funds in accordance with its non-profit purpose and the purpose of the Agreement;  The Foundation provides external audits on a bi-annual basis, commencing in 2003, and the results of the audits show no significant irregularity;  The City’s hotel/motel tax generates at least $90,000 each year for each 2% of tax imposed; and  The City Council, in 2004, and every three years thereafter, renews its commitment to the financial contribution or such other amount as it deems within the best interests of the City and its citizens. It is anticipated that the $90,000 commitment will be renewed after each three year review, so long as the Foundation has used the funds in a manner that the Council deems as promoting the best interests of the City and its citizens and the purposes of the Hotel/Motel Tax enabling legislation. Admiral Theatre Review July 18, 2017 Page 6 of 11 TOURISM PROMOTION SERVICE AGREEMENTS (2008 THROUGH 2012) The City compensated the Foundation $20,000 to $50,000 a year from 2008 through 2012 in return for tourism promotion services. The Foundation used the funds to pay artist fees, advertising and promotion costs, and similar costs to attract patrons to the Theatre, providing a source of tourism dollars to the community. The agreements provided the Foundation total compensation of $190,000 over the five year period. Hotel/Motel Tax was the funding source for these agreements. SECOND ADDENDUM TO OPERATING AGREEMENT (JANUARY 2013 TO JULY 2015) The Second Addendum dated January 25, 2013 temporarily increases City funding for the Foundation, and requires the Foundation to provide audited financial statements to the City. The Second Addendum states the City shall pay the Foundation a contribution of $150,000 annually for a period of five years, from 2013 through 2017. The conditions for this payment are similar to the First Addendum conditions, except that the review period is changed to every two years, and the following audit requirements are added:4  The Foundation shall provide an internal audit report to the City on a bi-annual basis commencing in calendar year 2014 and due by August 30th for each bi-annual period. The audit shall cover the previous two years of operations and be issued by a CPA.  The Foundation shall provide an external audit report to the City on a five-year basis commencing in calendar year 2017 and due by August 30th for each five-year period. The audit shall cover the previous two years of operations and be issued by a CPA. The Second Addendum states that commencing in calendar year 2018 the annual contribution will automatically revert to $90,000 unless otherwise extended or adjusted by the parties in writing after receipt of the external audit. Upon termination of the Second Addendum, the terms and conditions of the Agreement “as amended and modified by the First Addendum shall be fully applicable as if the Second Addendum” was never entered into. THIRD ADDENDUM TO OPERATING AGREEMENT (JULY 2015 TO PRESENT) The Third Addendum was executed in July 2015. This addendum amends the Operating Agreement and repeals the First and Second Addendums. No significant changes resulted from this addendum – it primarily clarified some terms, particularly regarding the financial reports to be provided to the City. Following are the conditions the Foundation must meet to receive the Financial Contribution ($150,000 through 2017 reverting to $90,000 unless extended or adjusted):  Maintain the Theatre and its facilities;  Continue to market and provide performing and visual arts on a full time basis;  Timely provide the City its annual budget and marketing plans;  Provide appropriate financial information to the City; 4 Also, where the First Amendment states $90,000, the Second Amendment states $150,000. (Refer to the last two bullets of the First Amendment commentary above.) Admiral Theatre Review July 18, 2017 Page 7 of 11  Provide reviewed or audited financial statements as specified in the addendum;  Hotel/Motel Tax is sufficient to cover the payment ($90K or $150K);  City Council, following receipt of the reviewed or audited financial statements, renews its commitment to the Financial Contribution amount or such other amount as it deems within the best interests of the City and its citizens. The review of commitment shall be included as part of the City’s budget process during the year following the end of the fiscal year being reviewed or audited. It is anticipated that the Financial Contribution commitment will be renewed each year, so long as the Foundation has used the funds in a manner that the Council deems as promoting the best interests of the City and its citizens and the purposes of the Hotel/Motel Tax enabling legislation;  The Contribution shall automatically revert to $90,000 in 2018 unless extended or adjusted by the parties in writing following receipt of the audit; and  The Foundation shall not apply for or be eligible for additional lodging tax funds provided the City’s contribution is $150,000 annually. CITY PAYMENTS TO THE FOUNDATION Based on the information reviewed and assuming the Foundation received all of the available funds in the Tourism Promotion Service Agreements, it appears the City paid the Admiral Theatre Foundation approximately $2.3 million under the aforementioned agreements through 2016. THEATRE FINANCIAL HISTORY Support and Revenue During recent years, the Theatre generated support5 and revenue totaling over $2 million annually. From 2007 through 2016, 46 percent of the gross income is from support, such as donations; 52 percent is from event and concession revenue. There is a small amount of other revenue. The compound growth rate of total gross income from 2007 through 2016 is 5.58 percent. 5 Support includes the City’s financial contribution. Admiral Theatre Review July 18, 2017 Page 8 of 11 Refer to Schedule 1, an income statement summary. Gross income is summarized below: Expenses As shown below, expenses are categorized by events, administration, and fundraising. From 2007 through 2016, Events account for 74 percent of total expenses; Administration accounts for 20 percent; and Fundraising costs are 6 percent. Support Rental Investment Other (Donations, etc.)Events Concessions Income Income Income Total 2007 631,990$ 735,905$ -$ -$ 43,006$ 13,995$ 1,424,896$ 2008 749,356 733,023 - - (35,722) 2,129 1,448,786 2009 700,816 473,528 170,975 - (52,170) 8,675 1,301,824 2010 859,341 532,621 153,784 - 11,531 11,163 1,568,440 2011 874,849 508,238 151,580 - 45,755 5,264 1,585,686 2012 659,202 690,050 230,870 - 39,514 2,410 1,622,046 2013 996,108 696,286 303,043 - 33,646 251 2,029,334 2014 808,175 822,577 341,882 1,100 52,241 7,931 2,033,906 2015 888,026 823,645 374,451 7,200 (29,364) 3,707 2,067,665 2016 834,812 1,002,500 422,911 13,800 42,838 5,007 2,321,868 Total 8,002,675$ 7,018,373$ 2,149,496$ 22,100$ 151,275$ 60,532$ 17,404,451$ % of Total 46%40%12%0%1%0%100% Compound growth 3.14%3.49%5.58% Year End August 31, Events Administration Fundraising Total 2007 1,000,893$ 481,212$ 26,737$ 1,508,842$ 2008 1,077,684 262,328 144,525 1,484,537 2009 1,158,445 150,091 151,000 1,459,536 2010 1,267,340 286,620 103,743 1,657,703 2011 1,143,518 383,307 105,166 1,631,991 2012 1,358,312 340,742 113,093 1,812,147 2013 1,383,843 300,622 108,623 1,793,088 2014 1,493,183 387,342 119,823 2,000,348 2015 1,521,013 484,561 135,320 2,140,894 2016 1,703,380 512,126 110,230 2,325,736 Total 13,107,611$ 3,588,951$ 1,118,260$ 17,814,822$ % Total 74%20%6%100% Year End ExpensesAugust 31, Admiral Theatre Review July 18, 2017 Page 9 of 11 Net Income The annual average net loss from 2007 through 2016 is $41,037; however, in more recent years, from 2013 through 2016, net income has averaged $48,177. Notably, 2013 is when the City increased its financial contribution to the Foundation to $150,000. Note Payable The Foundation obtained a HUD loan that is secured by all inventory, equipment, accounts, general intangibles, and fixtures located at 515 Pacific Avenue and 514 5th Street in Bremerton. The balance of the note payable as of August 31, 2016 was $102,160. A review of the audited or reviewed financial statements from August 31, 2015 and 2016 indicates the Foundation received a “clean” opinion from Clarke Whitney, CPA, Inc. Casey Winters, a Clarke Whitney auditor, stated no issues were noted in their loan compliance testing. A balance sheet summary is shown in Schedule 2 (attached). LODGING TAX BASICS RCW 67.28.2816 outlines that lodging tax funding may be used “directly by any municipality or indirectly through a convention and visitor bureau or destination marketing organization”. Thus, lodging tax funding may be used for City-owned property or be used for others. The guiding principle for the use of lodging taxes is that they must be used for activities, operations and expenditures designed to increase tourism. Allowed uses of the lodging tax funding include (a) tourism marketing; (b) marketing and operations of special events and festivals designed to attract tourists; (c) supporting the operations and capital expenditures of tourism-related facilities owned or operated by a municipality or a public facilities district; or (d) supporting the operations of tourism-related facilities owned or operated by nonprofit organizations. Per BMC Chapter 2.38, the City of Bremerton has a Lodging Tax Advisory Committee (“LTAC”) which is comprised of an elected official (Council Member) who serves as Support &Net Net Income % of Revenue Expenses Income Support & Revenue 2007 1,424,896$ 1,508,842$ (83,946)$ -6% 2008 1,448,786 1,484,537 (35,751) -2% 2009 1,301,824 1,459,536 (157,712) -12% 2010 1,568,440 1,657,703 (89,263) -6% 2011 1,585,686 1,631,991 (46,305) -3% 2012 1,622,046 1,812,147 (190,101) -12% 2013 2,029,334 1,793,088 236,246 12% 2014 2,033,906 2,000,348 33,558 2% 2015 2,067,665 2,140,894 (73,229) -4% 2016 2,321,868 2,325,736 (3,868) 0% Total 17,404,451$ 17,814,822$ (410,371)$ -2% Year End August 31, Admiral Theatre Review July 18, 2017 Page 10 of 11 committee chair, two representatives of hotels that collect the lodging tax, and two representatives of non-profit organizations that are eligible to receive lodging tax proceeds. City Council established the LTAC through Resolution No. 2626 on September 10, 1997. Each year the LTAC considers applications from groups and makes recommendations to the City Council regarding the funding. City Council may choose only recipients from the list of candidates and recommended amounts provided by the LTAC. However, an informal opinion from the Attorney General’s Office in 2016 states that the legislative body may award amounts different from the LTAC’s recommended amounts provided the proposed change is submitted to the LTAC for review and comment at least 45 days before final action is taken. Anyone, including municipalities, wishing to receive lodging tax funding must apply. All applications must include estimates of how funding the activity will result in increases to people staying overnight, travelling 50 miles or more, or coming from another state or country. However, there is no requirement that priority for funding be given to applicants expected to generate the most travelers, and lodging tax revenue may be awarded to recipients who generate few of these types of travelers. Historically, the Admiral Theatre Foundation has not been required to apply for the $90,000 of lodging tax funding stipulated in the first and second addendums. If the Foundation sought funds exceeding the contractual $90,000, the Foundation had to apply for the extra funding. As previously noted, the Foundation was not allowed to apply for or be eligible for additional lodging tax funds under the third addendum, while the City’s contribution was $150,000 annually. PHYSICAL DESCRIPTION The Admiral Theatre is located at 515 Pacific Avenue. The building is 25,664 square feet and occupies 0.30 acres. There is a lit marquee on the exterior and the interior features a main floor for dining, a kitchen used for meal preparation before shows, and a balcony with additional seating. There is also additional meeting space “The Source” on the side facing 5th Street; and additional space for dressing rooms for performers or guests. The main entrance and ticket office both face Pacific Avenue. Ingress and egress are also possible for patrons and delivery trucks along an alley between the Admiral Theatre and the adjacent Tim Ryan building which includes the Navy Credit Union, Edward Jones Investments (Teresa Bryant), American Family Insurance (Michael Strube), and Regence Blue Cross offices. Admiral Theatre Review July 18, 2017 Page 11 of 11 SUMMARY There has been long term support for the arts community coming from the City, residents, patrons, and donors. Due to the pending expiration of the 3rd Addendum’s terms for the additional $60,000 in lodging tax funding, it is timely to consider the financial obligation of the City of Bremerton, responsibilities of the Foundation, and the level of funding, if any, the City wants to provide the Foundation. Please contact me if you have questions or need additional information. Sincerely, Jennifer L. Sims CPA/CFF, CFE City Auditor cc: Mayor Lent City Council DeWayne Pitts, Finance Director Mike Riley, Assistant Finance Director Shannon Corin, City Clerk Source: August 31, year end financial statements provided by the Foundation 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 (A)(A)(A)(A)(A)(A)(B)(B)(B)(B) Support and revenue: Support (donations, etc.)631,990$ 749,356$ 700,816$ 859,341$ 874,849$ 659,202$ 996,108$ 808,175$ 888,026$ 834,812$ Event revenue 735,905 733,023 473,528 532,621 508,238 690,050 696,286 822,577 823,645 1,002,500 Concessions - - 170,975 153,784 151,580 230,870 303,043 341,882 374,451 422,911 Rental income - - - - - - - 1,100 7,200 13,800 Investment income 43,006 (35,722) (52,170) 11,531 45,755 39,514 33,646 52,241 (29,364) 42,838 Other income 13,995 2,129 8,675 11,163 5,264 2,410 251 7,931 3,707 5,007 Total support and revenue 1,424,896 1,448,786 1,301,824 1,568,440 1,585,686 1,622,046 2,029,334 2,033,906 2,067,665 2,321,868 Expenses: Events 1,000,893 1,077,684 1,158,445 1,267,340 1,143,518 1,358,312 1,383,843 1,493,183 1,521,013 1,703,380 Administrative 481,212 262,328 150,091 286,620 383,307 340,742 300,622 387,342 484,561 512,126 Fundraising 26,737 144,525 151,000 103,743 105,166 113,093 108,623 119,823 135,320 110,230 Total expenses 1,508,842 1,484,537 1,459,536 1,657,703 1,631,991 1,812,147 1,793,088 2,000,348 2,140,894 2,325,736 Net income (83,946)$ (35,751)$ (157,712)$ (89,263)$ (46,305)$ (190,101)$ 236,246$ 33,558$ (73,229)$ (3,868)$ Note: (A)City contributing $90,000 per year. (B)City contributing $150,000 per year. Schedule 1 Admiral Theatre Review Income Statement Summary Description Year Ending August 31, R:\City Auditor\Admiral Theatre Review 2017\Report\Schedules 1 and 2 - Admiral Theatre Analysis Summary Source: August 31, year end financial statements provided by the Foundation Reviewed Audited Compiled Compiled Compiled Compiled Compiled Reviewed Audited Reviewed 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 Assets Current assets Cash and cash equivalents 113,101$ 95,546$ 33,682$ 78,462$ 114,820$ 17,990$ 63,026$ 116,539$ 246,511$ 398,666$ Accounts receivable, net 2,459 3,471 176,927 223,073 322,716 354,842 305,167 48,738 3,211 10,250 Inventory 5,000 5,599 6,599 8,995 11,642 7,415 7,992 18,399 13,662 19,979 Prepaid expenses 50,654 53,760 28,969 47,940 47,752 51,716 68,194 33,964 45,571 80,178 Total current assets 171,214 158,376 246,177 358,470 496,930 431,963 444,379 217,640 308,955 509,073 Property and equipment, net 3,870,945 3,901,485 3,904,737 3,868,655 3,826,879 3,723,100 3,575,770 3,569,625 3,434,396 3,275,189 Investments 324,087 287,949 235,745 247,276 293,032 161,314 473,341 543,519 524,188 642,706 Total assets 4,366,246$ 4,347,810$ 4,386,659$ 4,474,401$ 4,616,841$ 4,316,377$ 4,493,490$ 4,330,784$ 4,267,539$ 4,426,968$ Liabilities and net assets Current liabilities Accounts payable - - 66,353 48,556 87,023 19,269 26,958 13,743 30,012 28,323 Accrued liabilities 76,444 77,566 45,840 77,381 69,813 67,326 60,697 65,459 72,415 130,004 Deferred income 135,201 255,693 420,612 487,656 588,082 655,733 623,771 335,880 478,930 573,113 Line of credit 80,000 22,500 23,387 148,147 130,000 25,000 - - Staledated checks - - - - - - - - - 16,771 Current portion of note payable 24,509 28,297 24,509 31,024 3,190 3,669 3,573 7,814 3,652 3,953 Total current liabilities 316,154 384,056 580,701 792,764 878,108 770,997 714,999 422,896 585,009 752,164 Note payable, net of current portion 149,926 99,339 99,255 64,197 167,598 164,346 161,211 258,149 106,020 102,162 Total liabilities 466,080 483,395 679,956 856,961 1,045,706 935,343 876,210 681,045 691,029 854,326 Net assets Unrestricted Operating 3,576,079 3,576,466 3,470,958 3,370,164 3,278,103 3,219,720 3,143,939 3,106,220 3,045,559 2,929,936 Board designated 324,087 287,949 235,745 247,276 293,032 161,314 473,341 543,519 524,188 583,694 Total unrestricted 3,900,166 3,864,415 3,706,703 3,617,440 3,571,135 3,381,034 3,617,280 3,649,739 3,569,747 3,513,630 Temporarily restricted - - - - - - - 6,763 59,012 Total net assets 3,900,166 3,864,415 3,706,703 3,617,440 3,571,135 3,381,034 3,617,280 3,649,739 3,576,510 3,572,642 Total liabilities and net assets 4,366,246$ 4,347,810$ 4,386,659$ 4,474,401$ 4,616,841$ 4,316,377$ 4,493,490$ 4,330,784$ 4,267,539$ 4,426,968$ Schedule 2 Admiral Theatre Review Balance Sheet Summary Description As of August 31, R:\City Auditor\Admiral Theatre Review 2017\Report\Schedules 1 and 2 - Admiral Theatre Analysis Summary Exhibit A Admiral Theatre Timeline Date Action December 20, 1989 Resolution No. 2281 Purchase for $75,000 from Bremer Trust July 25, 1990 Resolution No. 2305 Establishing Its Long Term Support of the Performing Arts, Education Pursuits, and other Entertainment Efforts of the Admiral Theatre Foundation August 1, 1990 Resolution No. 2308 Referring 40-Year Contract Extension for the Admiral Theatre Foundation to the September 1990 Ballot which was approved by voters 77% September 28, 1990 Operating Agreement between City of Bremerton and Admiral Theatre Foundation $90,000/year until September 27, 2040 August 22, 1995 Funding Agreement with Admiral Theatre Foundation $165,000 January 9, 1996 Addendum to Funding Agreement $25,000 from Real Estate Excise Tax (REET) Fund April 24, 1996 Admiral Theatre’s $1.5 million HUD Loan to be used for building renovations December 11, 1996 Execution of Loan Guarantee, Deed of Trust, and Consent to Collateral Assignment of Operating Agreement 1997 Building renovations completed September 10, 1997 Resolution No. 2626 Establishing Lodging Tax Advisory Committee July 22, 1998 Ordinance No. 4633 Increased hotel-motel tax rate from 2% to 4% July 22, 1998 Resolution No. 2660 Interfund Loan from Equipment Rental & Reserve (ERR) Fund to Civic Improvement Fund $50,000 1999-2001 Professional Services Agreements & Addendums for Tourism Promotion Services June 28, 2000 Resolution No. 2760 Interfund Loan from ERR Fund to Civic Improvement Fund $120,000 to be repaid by December 31, 2005 September 28, 2000 Letter from Admiral Theatre Foundation to the City of Bremerton for request to establish long term agreement December 12, 2001 Resolution No. 2846 1st Addendum to Operating Agreement December 21, 2005 Resolution No. 2983 Extension of loan “balloon” re-payment to December 31, 2007 September 19, 2007 Renewal of Funding Commitment December 2, 2009 Additional $50,000 through Lodging Tax Advisory Committee application process & 2010 Fiscal Budget December 7, 2011 Additional $20,000 through Lodging Tax Advisory Committee application process & 2012 Fiscal Budget; and Renewal of Funding Commitment 2011 to 2013 Kitchen facilities completed; and dinner option added to venue January 25, 2013 2nd Addendum to Operating Agreement Additional $60,000 for 2013 through 2017 February 4, 2015 3rd Addendum to Operating Agreement 2016-2017 75th Anniversary and $1.2 million capital campaign for seating and carpeting; lobby and kitchen; sound and lighting; HVAC, plumbing, and roof; and marquee December 31, 2017 3rd Addendum to Operating Agreement expires January 1, 2018 Contract amount reverts to $90,000 Admiral Theatre eligible to receive additional funding From:Brian Johnson To:City Council Cc:Brian Johnson Subject:2023 Lodging Tax Application Date:Tuesday, August 30, 2022 11:49:01 AM Attachments:2023 Lodging Tax Application (Admiral).pdf CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Attached is our request for an extension of the addition $60,000 in our contract with the city for review every 5 years. Thank you! Brian Johnson Admiral Theatre (360) 932-3052 brian@admiraltheatre.org *The Admiral Theatre Foundation is a 501c3 nonprofit organization. Our mission is to enrich our local communities through arts, cultural education, and entertainment. Please show your support for the arts by making a tax-deductible donation today at admiraltheatre.org/donate. Public Comments Admiral Theatre From: To: Cc: Subject: Date: Nate Murphy City Council Brian Johnson; Leslie Krueger Admiral Theatre | Contract Extension Next Steps Thursday, November 3, 2022 2:07:19 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good afternoon City Council, Thank you for welcoming us to last night’s Council meeting. I wanted to reach out today, ask about next steps and request a timeline for our contract extension discussion and lodging tax decisions. Council-member Frey invited the Admiral Theatre to participate in a study session re: the contract extension and we look forward to receiving advanced notice and attending. Council-member Frey also mentioned a lack of transparency and some resentment surrounding the contract and lodging tax process (both last night and in the 10/26 study session). After last night, I can relate. The process we were asked to participate in this cycle has been anything but transparent. We asked City staff in advance of submitting our lodging tax request if we could pursue a contract extension directly with the City Council or if we needed to apply through the LTAC. We were instructed with a day’s notice to submit through the LTAC (see email screenshot below). Michael Riley was clear that this “is an application to ask for the additional 60k per year for typically a 5 year cycle.” We rallied staff support, turned our application in on time, and participated in an LTAC presentation where we made our intention clear that we were not asking for single year funding, but rather were asking for the LTAC’s recommendation to include an extension of the Admiral’s 5 year contract. During deliberations, the LTAC discussed the Admiral’s contract and decided to endorse our request for another 5 year extension. The LTAC then sent their recommendation to the City Council. We agree with Council-member Younger that the contract extension deserves full transparency and discussion as we are excellent stewards of the City-owned Admiral Theatre facility and LTAC funds, and we have a bullet-proof case that continuing to invest in the Admiral Theatre is an economic engine for the City and puts heads in beds - as it has each and every year since the venue reopened as a world-class performing arts center in 1997. We are hopeful we can all work together to gain some clarity during the study session and come to a resolution that benefits all involved. While not intended, the change in process this late in the game feels like the goal posts are being moved at the last minute. As a nonprofit, losing this funding will have impacts across our organization and the details are of interest to our board of directors, patrons, vendors, partners, community groups and the public. On a personal note, this entire process is exhausting. We work long weeks here and longer weekends to provide world-class live entertainment for the enjoyment of all. We joke around the office that this is less of a job and more of a lifestyle as all of our lives revolve around this facility we love and treasure dearly. I was born and raised in Bremerton and I’ve been with the Admiral for almost ten years now, after a career in corporate communications and public relations for a variety of technology companies including Microsoft, Amazon, and Getty Images. Both personally and professionally, the idea that the ROI the Admiral Theatre provides to our community is being questioned by this Council is a sad state indeed. I look forward to resolution on this so we can get back to doing what we do best - providing a world-class arts experience for more than 50,000 patrons annually attending 110+ diverse shows and community events. Thank you for your time. Nate Nate Murphy Operations Director Admiral Theatre Foundation 515 Pacific Ave., Bremerton, WA 98337 O: (360) 932-3061 C: (206) 618-2790 nate@admiraltheatre.org www.admiraltheatre.org *The Admiral Theatre Foundation is a 501c3 nonprofit organization. Our mission is to enrich our local communities through arts, cultural education, and entertainment. Please show your support for the arts by making a tax-deductible donation today at admiraltheatre.org/donate. From:Jim McDonald To:City Council Subject:Lodging Tax Support for the Admiral Theater Date:Wednesday, November 2, 2022 8:51:00 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Council members, I appreciate that Council member Younger wanted to bring a discussion about Lodging Tax funding for the Admiral Theater. I support the increased amount. The City owns the building and the Theater always fills restaurants and some hotels during their many events. However, the current contract had no provision for inflation. Hotel rates go up. Lodging tax goes up. But the City's support of $90K did not. It is more than appropriate to increase the funding for the Theater and also include an inflation adjustment yearly for this facility. You may want to consider the same consideration for the conference center. R, Jim McDonald From: Sent: To: Cc: Subject: Mona G Perdue <monaperdue@mac.com> Friday, November 4, 2022 5:07 PM City Council Nate Murphy Concering the vote on funding for Bremerton's local amazing Admiral Theatre CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear City Council Members: Bremerton's Admiral Theatre Just as an Admiral leads more than one ship, Our Admiral Theatre, right in the center of our city, attracts citizens of nearly Every Age & Many Interests throughout the year with its array of concerts & presentations, in a beautiful setting, along with options for first-class dinners, snacks, dessert only, or none required. Patrons are greeted & seated in a spiffed-up venue that offers variety of known performers, up & coming stars & local children excited to show off their recitals. Tickets plus professional management, food & servers, along with hired security require local government funding. The Admiral's classic Marquee invites the young & old, children dressed up, excited to be there & some who arrive with canes or wheelchairs, and those in between, styled in their latest fashions. What they ALL SHARE is happiness in being there because it's a local outing right In Bremerton appealing to all who wish an experience they can appreciate. A cadre of volunteers greet patrons, guide them to their seats, answer questions & WELCOME THEM to set the experience the moment doors are opened. Bremerton's Admiral Theatre is living up to its name and will continue, given the funding it NEEDS to meet it's mission. Please vote "YES" with enthusiasm on its 60k lodging tax contract extension so needed after the Covid-19 shutdowns & loses. Thank you! Mona Perdue A voter in Bremerton since 1964, as well as a patron & occasional volunteer at Bremerton's Admiral Theatre Sent from my iPhone 1 From: Sent: To: Subject: 4islandcats <4islandcats@gmail.com> Monday, November 7, 2022 12:23 PM City Council Admiral Theater Foundation funding CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Council Mem bers, I am writing to you as a resident of Fox Island in Pierce County. I am writing to urge the City of Bremerton to renew its support for the Admiral Theater Foundation. We regularly attend events at this treasured venue. We come to town early to dine and sometimes shop too. Were it not for the Admiral Theater we would not have come to know this charming town. We cannot be the only out-of-towners drawn to the city because of the Admiral! Please do the right thing and keep this place funded. Your investment will benefit the greater City of Bremerton! Sincerely, Erin Reetz Fox Island, WA 206-499-6665 1 From: Sent: To: Subject: Derek Foster <dereklfoster@gmail.com> Monday, November 7, 2022 5:14 PM City Council Admiral theater. CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Please fund the admiral theater. It's so important for the city and the overall landscape of our community! Derek Foster Sent from my iPhone 1 From: Sent: To: Subject: Alison Judd <aijseattle@hotmail.com> Monday, November 7, 2022 5:17 PM City Council fund the Admiral CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. The Admiral Theatre is one of the best things in Bremerton! Please continue to fund them so we can continue to see great entertainment and spend money in your town! Alison Judd Seattle WA Sent from my iPhone 1 From: Sent: To: Subject: Teresa Dwyer <teresadwyer@comcast.net> Monday, November 7, 2022 5:18 PM City Council Admiral Theater CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Please please continue subsidizing our beloved Admiral Theater!! It is a big part of the heart of downtown! Teresa Dwyer Sent from my iPhone 1 From: Sent: To: Subject: Stacey Medley <staceyka@live.com> Monday, November 7, 2022 5:19 PM City Council Admiral Funding CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Please do not remove the funding for the Admiral Theater! This is a wonderful part of downtown Bremerton that is truly needed and very special. So much of downtown has moved to Silverdale and by taking this funding away, we may lose another important part of Bremerton. Please look forward to what Bremerton can and should be, this would be a very short-sighted decision to save a few bucks. Thank you, 1 From: Sent: To: Subject: Matt Skiff <skiff52@gmai l.com> Monday, November 7, 2022 5:27 PM City Council Admiral theater CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Please continue funding the important theater. It's one of the few places you can go on this side of the sound for live entertainment. Thanks ... Matt Skiff 5501 NW Brightway St Bremerton. 98312 Sent from my iPhone 1 From: Sent: To: Subject: Patricia McKinney <patmck58@icl oud.com> Monday, November 7, 2022 5:28 PM City Council The Admiral Theater CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Keep funding the Admiral, it is an invaluable local treasure and deserves all of our support! Sent from my iPhone 1 From: Sent: To: Cc: Subject: Mark Wehrle <markwehrle@ymail.com> Monday, November 7, 2022 5:30 PM City Council JEFFREY A. MINER; Wehrle US Paul A Please keep Bremerton a great destination for us folks in Kirkland CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. 1 From: Sent: To: Subject: CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. 1 From: Sent: To: Subject: Michael Wellborn <klownprinze@yahoo.com> Monday, November 7, 2022 5:44 PM City Council Admiral Theat re funding and support. CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good evening. I am a former resident of Bremerton (currently live in Silverdale) and work in downtown Bremerton M-F each week. I have been a longtime attendee of events at the Admiral Theatre, as have friends and family members. Tons of great memories and joy at that venue. Additionally, PSNS&IMF uses that facility for its employee of the year award (which I do voice announcements for). I fear that the Bremerton city council's intent to cut funding to support that venue will have extremely negative consequences, as well as reduce accessibility for lots of folks who may not have top dollar means to go elsewhere. I urge the Bremerton City council to NOT cut funding and support for the Admiral Theatre, especially in a time where the economy is getting ready to dive in most of the country (whereas Bremerton is VERY SHELTERED from economic downturns by virtue of the Shipyard and military dollars). Additionally, the Heroes program that supports active duty members with free tickets is a godsend for junior sailors and Marines who would otherwise be challenged to afford such an event. The development of future generations is the responsibility of leadership and the more senior generations. Please do not let a great treasure go down the drain .... r/ Mike Wellborn 360.440.2477 1 From: Sent: To: Subject: CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. 1 From: Sent: To: Allan Roth <a11anroth66@gmail.com> Monday, November 7, 2022 5:45 PM City Council CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Continue funding ofThe Admiral Theater .. a valuable cultural entity for all of Kitsap County 1 From: Sent: To: Lisa h < 1nytoon_ 1@hotmail.com> Monday, November 7, 2022 5:50 PM City Council CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. I encourage you to continue to support Bremerton's Admiral Theatre by extending a five-year contract providing this vital funding. The Admiral Theatre Foundation and the City of Bremerton have enjoyed a successful partnership for the last 32 years bringing world-class live entertainment and events into downtown Bremerton. The Admiral Theatre Foundation has invested more than $10 million dollars back into this City-owned facility since 1990. I have enjoyed shows and brought along others that have never been to live performances. It would be devastating to the community if shut down. Thank you for your support! Lisa H. 1 From: Sent: To: Subject: CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Please consider extending the 5 year funding contract to the Admiral Theater. It's the only nice show venue in Kitsap County. We drive from South Kitsap for shows and always have dinner first in some Bremerton restaurant. By cutting funding you will hurt the theater as well as other local business. Next time there's a show, visit Anthony's Homeport at 6 pm to see it's jammed with theater goers. Thank you for reconsidering. Local arts make for a thriving community. Thank you, Kristine and Mike Nicosia PO Box 4880 South Colby, WA 98384 1 From: Sent: To: Subject: Pennie Bleil <pennieb@wavecable.com> Monday, November 7, 2022 5:56 PM City Council The admiral Theatre CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Please continue to fund The Admiral Theatre. They bring quality shows to our area so we don't have to go to Seattle. They have the best programs for the school that I have even gone to because they are so interesting . Also a venue for Dance recitals and so much more. Our town needs them. Thank you. Pennie Bleil Sent from my iPhone 1 From: Sent: To: Subject: .... Lacie <lacie.goebel@gmail .com> Monday, November 7, 2022 6:06 PM City Council Admiral Theater Contract ·CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello City of Bremerton council members, My name is Lacie. I wanted to write on behalf of my favorite theater-the Admiral! My brother and I have a ye_ars long tradition of spending time together seeing amazing live music at this theater. This particular theater is a favorite spot for my family/friends. For us, being able to see such wonderful shows at a low-key and intimate venue help keep all different types of music alive. Not just whatever rap you hear on the local radio. We love being able to experience real artists playing real instruments performing for real crowds. It is hard to find venues that provide great customer service and ample choices of many great live artists at a price that is actually affordable. I feel that this theater is helping keep live arts/music available for Bremerton and all its surrounding areas! Live music is SO IMPORTANT! Please help provide funding for the Admiral to maintain it's facilities and keep providing a life changing opportunity for the community to experience it. Thank you very much for your time, and Happy Holiday season! Lacie Messenger 1 From: Sent: To: Subject: Chris Gmail <ceaton2184@gmail.com> Monday, November 7, 2022 6:13 PM City Council Admiral CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Please please continue funding the Admiral Theatre as 501 c3 nonprofit. The Admiral is indeed a Treasure in our Community!!! Thank you, Chris Eaton 1 From: Sent: To: Subject: Irene Bach <redpeacerose@yahoo.com> Monday, November 7, 2022 6:16 PM City Council Admiral Theater CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello, I am shocked that Admiral Theater may have to close. The timing seems cruel, as we are just recovering from the Covid economic downturn. For many years, Admiral has been the only Bremerton venue to attract any big name shows. The prices are reasonable compared to shows in Seattle or Tacoma. These events draw people who want to shop, eat, and play. They bring money into the heart of the city. Please find alternative sources for essential funds and continue Admiral Theater's contract. Thank you, Irene Bach 1 From: Sent: To: Subject: Nancy Whitaker <kayaknw@yahoo.com> Monday, November 7, 2022 6:17 PM City Council Admiral Theatre CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Please do not stop funding the Admiral Theatre. They provide a valuable service to the Kitsap County and Bremerton communities!!! This is the best venue for a great variety of entertainment for young and old without having to leave Kitsap County. They lost a lot of money during Covid and always struggle to keep the maintenance up and the best quality shows available. School children of Bremerton always have special performances just for them every season. The loss of this theatre would be a sad statement of how the city feels about providing quality entertainment to its citizens. Nancy Whitaker Season ticket holder for over 10 years Sent from Yahoo Mail for iPhone 1 From: Sent: To: Subject: paul smith <pauijamessm ith1955@gmai l.com> Monday, November 7, 2022 6:30 PM City Council Admiral theater CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Please support the admiral theater to keep the show alive in Bremerton. Thanks Paul J Smith 1 From: Sent: To: Subject: CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. 1 From: Sent: To: Subject: G2 <gordongund@wavecable.com> Monday, November 7, 2022 6:40 PM City Council Admiral Theater CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Apparently a $60K the theater wanted or used to get? I love the Admiral and go often but no way other citizens' tax money should go to my entertainment preferences. 1 From: Sent: To: Subject: Marla Scott <gummi.bear.scott@gmail.com> Monday, November 7, 2022 6:41 PM City Council Funding for Admiral Theater CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Council, Please continue to support Bremerton's Admiral Theater by extending a five year contract to provide funding for the theater. It is a wonderful asset for our community. Regards, Marla Scott 5638 NW Rydan Ct Bremerton, WA 98312 1 From: Sent: To: Subject: Craig smith <smithcr91@gmail.com> Monday, November 7, 2022 6:45 PM City Council Admiral Theatre CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Please support the Admiral Theatre through the finding which you have provided I no longer live in Bremerton, but my wife and I were born and raised in Bremerton, and I taught in Bremerton for 40 years! Please keep the funding for the theater!! Respectfully, Craig Smith 91 Shore Drive Port Ludlow, WA 98365 360-286-4236 smithcr91@gmail.com 1 From: Sent: To: Subject: 1 From: Sent: To: Subject: Dave Peters <dave_peters@comcast.net> Monday, November 7, 2022 7:07 PM City Council Save the Admiral! CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello We enjoy seeing shows at the Admiral. It's a Bremerton treasure. Please continue supporting the theater. It would be a shame to lose this historic venue. Thank you David Peters Sent from my iPhone 1 From: Sent: To: Subject: Wayne Stowsand <wstowsan@wavecable.com> Monday, November 7, 2022 7:11 PM City Council Admiral CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Just read the council was stripping funding for the theater. If this is true, it's a shame on the city. Time to use your heads for more than a hat rack ... 1 From: Sent: To: Subject: CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. 1 From: Sent: To: Subject: Kathleen Talluto <ktalluto@gmail.com> Monday, November 7, 2022 7:13 PM City Council Admiral Theater CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Council members, The arts are vital to a healthy community. Please continue to financially support the city's partnership with the Admiral Theater. Thank you for your consideration. Kathleen Talluto Bremerton Resident 1 From: Sent: To: Subject: 1 From: Sent: To: Subject: Julaine Souza <jksouza808@gmail.com> Monday, November 7, 2022 7:14 PM City Council Admiral theater CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Please continue to support Bremerton's Admiral Theatre by extending a five-year contract providing this vital funding. The Admiral Theatre Foundation, a 501 c3 nonprofit arts organization and the City of Bremerton have enjoyed a successful partnership for the last 32 years bringing world-class live entertainment and events into downtown Bremerton. The Admiral Theatre Foundation has invested more than $10 million dollars back into this City-owned facility since 1990. Sent from my iPhone 1 From: Sent: To: Subject: Linda Rae Lind <1rlind04@wavecable.com> Monday, November 7, 2022 7:22 PM City Council Please support Admiral Theater CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Please do not reduce the funding for Admiral Theater. Linda R. Lind Port Orchard, WA 1 From: Sent: To: Subject: Shelly Webb <shellyrwebb@comcast.net> Tues day, November 8, 2022 4:13 PM City Council Funding for the Admiral Theatre Bremerton CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Bremerton City Council, It has been brought to my attention that you are considering stripping funding for the Admiral Theatre. I ask you that do not even consider this. The Admiral Theatre brings people from all over to Bremerton. This brings in other business for nearby restaurants as well. It is the only entertainment venue really in Bremerton. I visit there several times a year. thank you. 1 From: Sent: To: Subject: Donna Neale <ddneale@comcast.net> Tuesday, November 8, 2022 1 :26 PM City Council Admiral Theatr e CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Please continue to support the Admiral Theatre. It is a big asset to the community. Many of our citizens attend class entertainment there, and would be unable to travel to Seattle or Tacoma to attend these programs. I , for one, would not be able to attend in Seattle, or elsewhere, and would miss out on some good entertainment. I appreciate the theatre every time I attend a performance. I know they have had a hard time the last few yrs due to covid, but did do various ways to raise some money from the members. Many of us donated as it was important to support them. They are back to regular programming, with good audiences, and the City needs to support them. They offer a lot, and have put a lot into improving the venu. Our community offers nothing else comparable for the community members, and it would leave a big hole in our lives if not supported. Sincerely, Donna Neale ddneale@comcast.net Sent from Mail for Windows 1 From: Sent: To: Subject: Bruce Yoder <bruceyod@gmail.com> Tuesday, November 8, 2022 12:43 PM City Council Admiral Theatre CAUTION: This email ori ginated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. City Council, I am disheartened to learn that the city may discontinue its annual $60,000 support from the lodging tax for the Admiral Theatre. The success of the Admiral has a direct impact on the success of many businesses in Bremerton. As a regular attender of the Admiral, my wife and I usually eat dinner in Bremerton prior to shows. We live in the south end of Port Orchard and would not shop and/or eat in Bremerton nearly so often if it wasn't for the draw of the Admiral. Talking with other patrons, this is a common comment. Please continue supporting the Admiral which also does so much for supporting many other businesses in the Bremerton area. Thank you for your time and consideration. Bruce Yoder Port Orchard, WA 1 From: Sent: To: Subject: Carl Claeys <dorightcc@yahoo.com> Tuesday, November 8, 2022 12:17 PM City Council Admiral Theatre CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Be smart! Continue monetary support of this community treasure!! Sent from my iPhone 1 From: Sent: To: Subject: Jeanne Skiff <jeanneskiff@gmail.com> Tuesday, November 8, 2022 11 :13 AM City Council Admiral Theater funding CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear members of the city council, It is sad to hear that there may be no funding for the Admiral Theater. I believe this would be the cause of its demise. I have always been a supporter of all of the Seattle arts, especially live theater. I lived on the other side of the water for roughly 35 years and regularly attended shows of all kinds in downtown Seattle. When I moved over here, I still journeyed there to see big shows. But I also began attending local theater. However, since the beginning of the pandemic multiple issues have crept up that makes Seattle much less desirable. Homelessness, crime, cost and inadequate sailings of our failing ferry system, parking costs, restaurant costs ... .it just isn't feasible any longer. I would much rather support the local arts, eat local, attend with friends and get home at a reasonable time of the night, not at 1:00 in the morning. After all this is how great theater and performers get started and then grow their craft and move up to bigger, better things for themselves. Please reconsider these factors when making your decisions. Thank you, Jeanne Skiff 1 From: Sent: To: Subject: Judi Spivack <judispivack@harbornet.com> Tuesday, November 8, 2022 10:57 AM City Council Admiral CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. I will be brief. Bremerton has little draw to the downtown, whether anyone likes that fact or not. The shops and restaurants around the theatre profit from the events that are held there and citizens have a much needed evening out at a reasonable cost. if the city does not monetarily support this venue, the message is that downtown is not important and that amusement rather than feeding the soul, is not anything respected. The monies involved are not outrageous for the city but vital for many reasons to the continuation of the operation of the theatre. If you believe they can easily find a donor to make up the difference, take a look at your tax base for commercial businesses. In the last twenty years downtown has changed, but it is a long way from an evening hot spot for trendy people. Please help preserve that which so many people, including seniors, rely on for recreation. Thank you for your consideration and your hard work for the city. Tough decisions are not fun and need careful thought before action. Judith Cleveland Spivack 1 From: Sent: To: Subject: Roger Berlinguette < berlinguette@comcast.net> Tuesday, November 8, 2022 10:55 AM City Council Admiral Theater CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Please extend the funding contract for this vital part of Bremerton. Hilda Berlinguette 1 From: Sent: To: Subject: CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. 1 From: Sent: To: Subject: charleen Burnette <queenof@hotmail.com> Tuesday, November 8, 2022 10:52 AM City Council Admiral Theatre CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. I urge the full Council to support the contract with the Admiral Theatre. The Admiral is the life blood of live performance art in Bremerton. The funding is needed more than ever after the devastation of the pandemic to theatres everywhere. SUPPORT THE ADMIRAL THEATRE Charleen Burnette 3329 Garland Lane BREMERTON (District 1) Sent from my iPhone 1 From: Sent: To: Subject: Lisa <lisalaa@aol.com> Tuesday, November 8, 2022 10:40 AM City Council Admiral Theater Essential Funding CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Please reconsider pulling the essential funding from the Admiral Theater. Bremerton has fought so hard to be identified as a city to visit and this venue is a key factor! We need this venue to continue providing fabulous shows and events. Thank-you­ Lisa Schrock 1 From: Sent: To: Subject: Susan Rufener <susan333@comcast.net> Tuesday, November 8, 2022 10:37 AM City Council Admiral Theatre CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. To the Members of the Bremerton City Council, It saddens us to hear that you are considering stripping the Admiral Theatre Foundation of essential funding. While we understand that the last few years have been hard on municipalities, and that hard cost cutting decisions have to be made, taking funds from such an important, iconic and vibrant part of the City is not what needs to be done. The folks at the Admiral Theatre work hard to bring so much wonderful entertainment to the City which in turn brings so many people. As just one example, as season ticket holders, we drive 2 hours for each show, spending money on hotels, eateries and shopping almost every time we are there to enjoy a show. The Admiral Theatre provides a place for people from the city and around the area, to gather for arts, entertainment and just a good time. This is so important in these trying times. We encourage you, the elected leaders, of our former hometown, to continue to support the Admiral Theatre by extending the contract to provide vital funding. Please don't take funding away from one of the brightest spots in town. Sue & Mark Rufener Port Angeles Sent from Mail for Windows 1 From: Sent: To: Subject: CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. 1 From: Sent: To: Subject: Patty Murphy < PattyM@ams-hvac.net> Tuesday, November 8, 2022 10:05 AM City Council Admiral Theatre CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Please, do not withdraw funding for the Admiral Theatre. The Admiral is so important to Bremerton and Kitsap County. What a gift to have such high quality entertainment in our city. I have met many people at the shows who have come from across the water and are spending the night in Bremerton and eating in the restaurants. Most attendees have dinner at a local restaurant before the show. The Admiral holds multiple events specifically for our youth. Without the Admiral they would not have any opportunity to see shows of this caliber and participate in the summer camps. The Admiral has held on through the pandemic. Don't cripple them now when they are just getting back on their feet. The funding provided by Bremerton is critical to their operations and the investment that Bremerton makes in the Admiral is repaid many many times over by the money spent in the city by the show goers. The Admiral is also a strong supporter of other non-profits and businesses in Bremerton. Please make a five year commitment to continue support of the Admiral Get Outlook for iOS 1 From: Sent: To: Subject: BB <fishuntr13717@gmail.com> Tuesday, November 8, 2022 9:05 AM City Council Admiral Theater Proposed Funding Cuts CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Sirs We understand these are difficult times. Difficult times are an important time when the Arts are truly needed. In a town that was starving for the arts for many years, the Admiral Theater has been a very bright spot for Bremerton. Please consider maintaining funding for the Admiral Theater as a critical way to keep Bremerton vital, vibrant and relavant. Keep the people coming West across the sound to attend shows and patronize business instead of sending everyone from Bremerton and the Kitsap County area to Seattle to spend their money. All the downtown businesses need your support. Thank you -Barry and Anita Banks 1 From: Sent: To: Subject: Arlinda <imoverhere12@yahoo.com> Tuesday, November 8, 2022 8:59 AM City Council Supp ort Bremerton's Admiral Theatre CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. To our elected city council, Arlinda Andersen Bremerton, WA 98310 1 From: Sent: To: Subject: Leslie Jouflas <1eslie127@icloud.com> Tuesday, November 8, 2022 8:57 AM City Council Supporting Admiral Theater. CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello council members, I've read recently that funding may decrease for the wonder Admiral theater in Bremerton. This would undoubtedly lead to serious impact on the quality of performance artists, and lack of support from people attending events. What a shame if it leads further to shutting down. They need the funding, and have contributed monetarily to the community. It seems like a win/ win. Thank you for your attention! Sincerely, Leslie Jouflas Sent from my iPhone 1 From: Sent: To: Subject: Kathryn McAravy <dekath1@yahoo.com> Tuesday, November 8, 2022 8:07 AM City Council Admiral theater CAUTION: This email originated from outside of the organization. Do not click links or open attachm ents unless you recognize the sender and know the content is safe. Please do not cut funding to this important venue. We need it!!!! Sent from Yahoo Mail for iPad 1 From: Sent: To: Subject: CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Bremerton City Council, I write to ask you to continue funding for the Admiral Theatre. As a local business owner with many choices on where to contribute hard earned funds, I have chosen to support and sponsor several events at the Admiral Theatre. It is a valued entity in our community. Performing arts promotes expression, creativity and learning for all ages. It is an opportunity to gather with other people that have a variety of interests and come from all walks of life. By keeping the costs down it allows our community and those coming from nearby cities the ability to afford quality entertainment experiences and so much more. I know budgets are tight and we are all looking for ways to tighten our budgets, but I as one will continue to support the Admiral and ask that you will continue to with this funding. Thank you, Stacy Stacy Ryan President, Harvey's Butter Rum Batter, LLC 360.373.6460 certified WOMEN'S BUSINESS ENTERPRISE 1 From: Sent: To: Subject: Danel Ann Heimer <danelann@yahoo.com> Tuesday, November 8, 2022 7:45 AM City Council Admiral Theatre CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Please keep funding the Admiral Theatre. We need a safe place for live entertainment. Seattle is not a desirable city for us too visit. It's nice to have a local safe place for entertainment. We enjoy going to the Admiral theatre. R/ Danel and James Heimer Sent from Dane I 1 From: Sent: To: Subject: Celeste DiFlaviano <cdiflaviano@yahoo.com> Tuesday, November 8, 2022 6:57 AM City Council Admiral Theater CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear City Council Members, I live in Bremerton and have enjoyed attending different events at the Admiral Theater. It's nice to have such a facility in Kitsap to be able to attend top quality performances and shows rather than having to go to Seattle or Tacoma. I am thankful that the Admiral Theater is here in my town as I no longer go over to Seattle because of safety concerns. The staff and volunteers are always kind and welcoming at the Admiral. Please continue funding to this great establishment. Thank you Celeste DiFlaviano 1 From: Sent: To: Subject: Ron Hutchinson <hutchconinc@msn.com> Tuesday, November 8, 2022 6:51 AM City Council Admiral Theatre 501 c3 Funding CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. PO Box 482 Manchester, WA 98353 Office: 360-871-6188; Cell: 360-710-2380 1 - From: Sent: To: Subject: jill brothers <brothersjill@hotmail.com> Tuesday, November 8, 2022 6:33 AM City Council Support the arts CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. We recently moved to Tahuya full time and look forward to being regular visitors to Admiral theater. Most folks out here don't want to go into Seattle or Tacoma for entertainment. Help the Admiral stay open and able to continue getting quality entertainment for the region! Jill Brothers brothersjill@hotmail.com 253. 722.4270 1 From: Sent: To: Subject: CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. 1 From: Sent: To: Subject: 1 - '-- From: Sent: To: Subject: rhunter4 4@gmail.com Tuesday, November 8, 2022 1 :52 AM City Council Admiral Theater Support .... CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. I would like to join the large number of individuals who are very concerned about proposed cuts to the funding of the Admiral Theater. I understand the reality of budget concerns and the difficulty stretching limited funds to meet multiple projects and concerns. But let's face it-this theater brings a sense of class and culture to a city that otherwise has a reputation for being a rather scuzzy and dilapidated cultural vacuum. I know Bremerton quite well and have lived on Madrona Point from 1983-1997 and had a place on Marine Drive from 2010-2021. Your return on investment on continued support for this theater is much much better that many of the other much more costly projects that attempt to enhance the image of Bremerton. I moved to Silverdale, and to be honest, without the Admiral Theater or medical facility, I truly no longer can think of any reason to come to Bremerton at all. We usually eat at either Anthony's or the Boat Shed before shows, stop and grab some groceries on the way back home, and driving into Bremerton keeps me more familiar with and used to going to the various stores and restaurants that we patronize. If no longer have any specific reason to drive into Bremerton for any purpose, I suspect these visits to the restaurants that we frequent will become less and less, further decreasing your tax revenue. Just the reality of the situation, nothing to do with retaliation or anger. Thus I most strongly urge you to continue to support this vital asset to enhance Bremerton. Robert B Hunter rhunter44@gmail.com 360-900-3334. 1 From: Sent: To: Subject: kerry.osborne11@gmail.com Tuesday, November 8, 2022 1 :31 AM City Council Please support the Admiral. CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Sent from Mail for Windows We need music and theatre more than ever. Please consider this valuable asset as critical to community health. From: Sent: To: Subject: June Williams <jwilliams4198@yahoo.com> Monday, November 7, 2022 11:26 PM City Council Admiral Theater CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello I'm June Williams I'm writing to ask you to not take away the money 60,000 For the theater. I would hate for youto take this away from them. I came to kitsap county five yrs ago. I found the Admiral theater and have enjoyed it every time I get a chance. It would be great to give them the contract for the next 5 yrs. To help them to catch up with what is in need. There are so many businesses that couldn't hang on during the covid time. It is a known fact that music is a calming sore of calming the human heart. Personally I left the money for four concerts that had to be cancelled so they could use my money to help . To think if it's closed there will not be money coming to Bremerton. Music is a helper in calming. Please don't stop the fonds. June Williams Sent from Yahoo Mail on Android 1 From: Sent: To: Subject: Jennifer Lord <jenlord@prodigy.net> Monday, November 7, 2022 9:53 PM City Council Continued Funding for Admiral Theatre CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. The Admiral Theatre not only provides entertainment for locals, it brings people (and money) from out of town. My husband and I live on Fox lsand and attend many shows there. There is nothing else that would bring us to Bremerton. The theater actually needs more funding. 1 From: Sent: To: Subject: laurie kallsen-george < lgeorgesr6@aol.com > Monday, November 7, 2022 9:31 PM City Council Culture and community CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. To the people we elected: Bremerton is more than a military base and homeless encampments. If we intend to maintain and expand a vibrant culture then we must support the arts. The Admiral theatre has done an excellent job of serving music, dance, comedy and more. Additionally their use of volunteers has created real civic involvement. Don't throw this asset away! 1 From: Sent: To: Subject: David Tomar <dtomar2@hotmail.com> Monday, November 7, 2022 9:09 PM City Council Admiral Theater Funding CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Honorable Elected Leader, Please continue the funding for the Admiral Theater. We appreciate this facility and have enjoyed its shows. Thank you, David Tamar 1 From: Sent: To: Subject: lisa pedersen < lisa_mp52@yahoo.com > Monday, November 7, 2022 8:41 PM City Council Admiral Theatre CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Please continue funding for the Admiral Theater! It is such a great asset to Bremerton! It is such bad timing to pull funding when arts are barely recovering from the pandemic. I have seen so many great shows there over the years. Thanks, Lisa Pedersen Sent from Yahoo Mail on Android 1 From: Sent: To: Subject: 1 From: Sent: To: Subject: Rochelle Karlsen < sailorrochelle@gmail.com > Monday, November 7, 2022 8:18 PM City Council Admiral Theatre CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Council Members, I encourage you to please continue to support the Admiral Theatre by extending the five-year contract to provide vital funding. The Admiral brings people into the area that in turn supports many of the local businesses. The Admiral is very important to Kitsap County as a destination venue, a supporter of the arts, and an employer. Stripping this funding can put the theatre at risk. Sincerely, Rochelle Karlsen 728 Tufts Ave E Port Orchard WA 98366 Sent from my iTypo 1 From: Sent: To: Subject: afriedman <afriedman@wavecable.com> Monday, November 7, 2022 8:08 PM City Council Funding for the Admiral CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. 1 From: Sent: To: Subject: CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. From: Sent: To: Subject: From: Sent: To: Subject: 1 From: Sent: To: Subject: Catherine Calvert <weavercat@hotmail.com> Monday, November 7, 2022 7:35 PM City Council; Anna Mockler Admiral Theatre Foundation funding CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Greetings, We are residents of District Number 6 in Bremerton. We learned of the City Council's plan to consider stripping the Admiral Theatre Foundation's essential funding, and strongly urge the Council to reconsider. The Admiral Theatre is a regional gem, with a long history of contribution to the culture of Kitsap County. It is not only an entertainment venue, but a community gathering place -a facility that is the anchor of downtown Bremerton. We are so proud to live in a community with this kind of amenity. We attend events there regularly, in addition to supporting the non-profit foundation financially. We have lost so much with the Covid 19 pandemic, and the past two years have been so hard on our communities. Let's not lose one of the greatest things about Bremerton. Please continue supporting the Admiral financially. Catherine Calvert and Ron Olson 1 From: Sent: To: Subject: CAUTION: 1 From: Sent: To: Subject: Jerry Ellis <grampa.ski.bum@gmail.com> Monday, November 7, 2022 7:28 PM City Council Come ON YOU GUYS: THE ADMIRAL THEATER PROVIDES SERVICE TO A MAJOR PORTION OF OUR COMUNITY. PLEASE,PLEASE DO NOT CUT SUPPORT FOR THIS WONDERFUL FACILITY CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. 1 From: Sent: To: Subject: CO OP <mijhuis@outlook.com> Tuesday, November 8, 2022 4:22 PM City Council FUND ADMIRAL THEATRE CAUTION: We enjoy being part of a vibrant community that supports local businesses, and that very much includes artists. Without art, Bremerton cannot grow and prosper. It's not good government to fail to maintain municipal facilities like the Admiral Theatre. What's next? Bremerton parks and cemetaries? Save our lifestyle, keep people coming downtown with money in their pockets, looking for a good time. Terri Rene Jennifer Wezenberg From: Admiral Theatre Box Office <boxoffice@admiraltheatre.org> Sent: Monday, November 7, 2022 5:11 PM To: mijads@outlook.com <mijads@outlook.com> Subject: Jefferson Starship (11/10) & Watkins Family Hour (11/12} Bremerton City Council considers stripping vital Admiral Theatre funding Kitsap's Premier Live Entertainment & Events Venue I Est. 1942 **ADMIRAL THEATRE FUNDING AT RISK** PLEASE HELP! Bremerton's City Council is considering stripping the Admiral Theatre Foundation (501 c3 nonprofit) of $60,000/year in essential funding for this City-owned facility. After a near two-year shutdown and $2mm+ in lost revenues, this is a critical time for the Admiral Theatre and live performing arts. Losing this funding would have ripple effects across our organization, impacting bookings, staffing, maintenance, ticket prices/fees, food and beverage, rental events, and marketing. Please email city.council@ci.bremerton.wa.us and encourage your elected leaders to continue to support 1 Bremerton's Admiral Theatre by extending a five-year contract providing this vital funding. The Admiral Theatre Foundation, a 501 c3 nonprofit arts organization and the City of Bremerton have enjoyed a successful partnership for the last 32 years bringing world-class live entertainment and events into downtown Bremerton. The Admiral Theatre Foundation has invested more than $10 million dollars back into this City-owned facility since 1990. Thank you for your support! Email: city.council@ci.bremerton.wa.us District 1: Jennifer Chamberlin District 2: Denise Frey District 3: Jeff Coughlin District 4: Quinn Dennehy District 5: Michael Goodnow District 6: Anna Mockler District 7: Eric Younger THIS WEEKEND! LEGENDARY ROCK BAND JEFFERSON STARSHIP & WATKINS FAMILY HOUR with Special Guest Margaret Glaspy **Know Before You Go info at bottom I BUY TICKETS I Jefferson Starship Friday, November 11, 2022 Doors 6 p.m. I Show 7:30 p.m. Tickets start at $34 (incl. fees) Video: https://youtu.be/LTtNBc3es4 This show is included in 2022-2023 full season tickets and half season package B. No dinner service at this show. Concessions and the bars will be open. When founding member Paul Kantner formed Jefferson Starship in the 70s, he envisioned the band as a cast of musical adventurers, contributing to his epic concept albums and 2 -- eventual deep catalog of rock classics. When the current lineup of the band came together alongside Kantner as a unit in 2012, with many members joining years before, he couldn't have imagined that the band would become the road-conquering heroes they've been in the last few years. Jefferson Starship's five members describe themselves as both a "family" and a "gang," and that comes across in talking to them, and in their robust live performances, which have taken them to all 50 U.S. states, five continents, and too many countries to list, drawing from a massive setlist of hit after hit. In addition to original member David Freiberg, the band includes drummer Donny Baldwin, keyboardist Chris Smith, guitarist Jude Gold, and singer and guitarist Cathy Richardson. This show is generously sponsored by: Kevin & Janice Krieger, GEICO Local Office Tim & Susan Lavin Mike & Deana Cherry and Jennifer Hyde I BUY TICKETS I Watkins Family Hour with Special Guest Margaret Glaspy Saturdzy, !'lovember 12, 2022 Doors 6 p.m. I Show 7:30 p.m. Tickets start at $24 (incl. fees) Video: https://youtu. be/j Fp31pK8o2g This show is included in 2022-2023 full season tickets, half season package A, and the Music Series. No dinner service at this show. Concessions and the bars will be open. Watkins Family Hour is a collaborative musical project founded by musicians and siblings Sara Watkins and Sean Watkins and traditionally held at beloved Los Angeles club Largo. Since the first Watkins Family Hour show in 2002, the duo has released three studio albums, debuting with their self-titled album in 2015, following with Brother Sister in 2020 and, most recently, releasing Vol. II in August 2022. Sean and Sara recorded Vol. II at Los Angeles's East West Studios in early 2022 alongside a stacked roster of longtime and new 3 - Family Hour collaborators, including Fiona Apple, Jackson Browne, Madison Cunningham, Lucius, Jon Brion and more. As with their debut, the band will tour in support of Vol. II, bringing the Watkins Family Hour experiences to stages far and wide. As both Sean and Sara continue to work on their own solo music, as well as with their other bands like Nickel Creek and I'm With Her, Watkins Family Hour remains an invaluable resource and respite for them both, offering a familiar but ever-evolving space to test new ideas, meet new collaborators and, most importantly, have a good time doing what they love. The Admiral Theatre's 2022-2023 Music Series is generously sponsored by Sheila & Charles Hart UPCOMING SHOWS & EVENTS Nite Wave performs The Wedding Singer Soundtrack 80s Tribute Concert & Dance Party Opener Russian Blue Friday, November18,2022 Doors 6 p.m. Show 7:30 -11 p.m. Tickets start at $14 (incl fees) Warren Miller's Davmaker Thuraday,November 17,2022 Doors 6:30 p.m. Film 7:30 p.m. Tickets start at $24 (incl fees) 4 Storm Large: Holiday Ordeal Friday, December 2, 2022 Doors 6 p.m. Show 7:30 p.m. Tickets start at $24 (incl fees) $6 Movie Night: ELF Starring Will Ferrell - Wednesday, December 21, 2022 Doors 5:30 p.m. I Film 7 p.m. All seats $6 (incl fees/ reserved seating) JEFFERSON STARSHIP (11/11) AND WATKINS FAMILY HOUR (11/12) KNOW BEFORE YOU GO THANK YOU TO OUR 2022-2023 SEASON SPONSORS Hill Worldwide Moving Services Kitsap Bank West Hill Auto Plex KCTS 9 / Cascade Public Media PLEASE READ -COVID PROTOCOLS - *100% capacity for this event. Bremerton's Admiral Theatre is no longer requiring masks or proof of Covid-19 vaccination / negative test result to attend events. Staff are no longer required to wear masks or be vaccinated to work events. We encourage patrons and staff to wear masks at performances and get vaccinated to help prevent new variants and community spread. Details online at admiraltheatre.orq/covid DIRECTIONS Bremerton's Admiral Theatre is located at 515 Pacific Avenue at the corner of Pacific Avenue and Fifth Street. Take the ferry from downtown Seattle (30/60 min) or drive from 5 .... Sea-Tac Airport (60 min) or Tacoma (30 min) via 1-5 > Highway 16 West> Highway 3 North. Take the Kitsap Way exit and head east as Kitsap Way becomes Sixth Street. Turn right onto Pacific and the Admiral is on your right. PARKING Downtown Bremerton offers free on-street and garage parking after 5 p.m. (Garage at 405 Washington Ave). Additional free parking is located at the corner of Sixth St. & Pacific Avenue in the Kitsap Bank parking lot (607 Pacific Ave). Please do not block Kitsap Bank's 24-hour ATM lane or double park / block other cars or you will be towed. BOX OFFICE The Admiral Theatre Box Office is open Tuesday -Friday from 2 - 6 p.m. and two hours prior to scheduled performances. You can reach Box Office Manager Deb Johnson via email (deb@admiraltheatre.org) and phone (360.373.6743). PROHIBITED ITEMS Backpacks • Cameras • Outside Food or Drink • Illegal Drugs • Large Bags r""\ - J - I A f - - •. ----rtm, . Vl/t::df.JUII� The Admiral Theatre Foundation is a tax-exempt performing arts organization under IRS section 501(c)(3). Donations are tax-deductible to the extent allowed by law. EIN: 91-1478193 Admiral Theatre, 515 Pacific Avenue, Bremerton, WA, 98337, USA Unsubscribe 6 From: Sent: To: Subject: bill harris <bhbill2001@yahoo.com> Tuesday, November 8, 2022 5:25 PM City Council Support the Admiral Theater at the regular amount CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. City Council, The theater should not have its funding cut. We (taxpayers) dont want a reduction of entertainment, especially after after property taxes increased by a third over the past 3-4 years before inflation went up and while personal income increased only slightly. Thank you Bill Harris 500 block of Lebo Blvd 1 From: Sent: To: Cc: Subject: Leslie Krueger <l.orr.k@wavecable.com> Wednesday, November 9, 2022 8:00 AM City Council Brian Johnson Admiral Theatre Lodging Tax CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Members of the Bremerton City Council, I was born and raised in Bremerton, and later worked for several years in Bremerton and other areas of Kitsap County. Downtown Bremerton was a very special place to enjoy movies, shopping, and dining with family and friends when I was young. The Admiral Theatre was vibrant in the 1960's and 1970's, and thanks to the visionary leadership of Ike Parker and other local business leaders, it was resurrected in the 1990's to become the outstanding premier performing arts center of today. The Admiral Theatre is the cornerstone of today's downtown Bremerton activity. It serves as the entertainment hub, providing high quality performances to over 50,000 persons annually. It is available for community events, private functions, and caters to school children throughout Kitsap County. It is a beautiful venue and its foundation is a well-run business. The Admiral Theatre Foundation depends on donations from its patrons, sponsors and the annual lodging tax support from the City of Bremerton. It needs this critical support to market and book performers, maintain high quality staff, take care of the building, provide reasonable ticket prices to its patrons, and much more. And the community has benefitted tremendously from these theatre bookings, particularly the restaurants, bars and hotels which are very busy on theatre nights. Please continue to support the Admiral Theatre with the additional $60,000 of annual lodging tax monies from the city of Bremerton, on top of the original $90,000 per year. This 5-year extension of $150,000 is vital to the Admiral Theatre Foundation's continued success. And the theatre's success is a proven reflection of our community's success. Let's keep this positive partnership moving forward. Sincerely, Leslie Krueger President, Board of Directors of the Admiral Theatre Foundation 1 From: Sent: To: Subject: Marti <menl oe1906@gmail.com> Tuesday, November 8, 2022 9:01 PM City Council Admiral Theater CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. It has come to our attention that you are considering a change to your support of our local and Historical Landmark, The Admiral Theater. I am a frequent patron and am very shocked that my hometown would not support it's own cultural venue. We locals are very dependent on the theater for our entertainment and it will be a disappointing and sad day if the current council cannot see the value in supporting a Theater, whose entertainers are top notch. You have approved so many visitor based Hotels downtown, spent time and money on the downtown improvements. Why then wouldn't you support a business like the Admiral Theater, probably one of the only two non alcohol based business for these out of town people to be entertained in the evening, while they are visiting the downtown core. Please do the right thing for our citizens, visitors and city. Support your local culture. Sincerely, Martha Enloe PO Box 2505 Silverdale, WA. 98383 360 917 6081 Menloe1906@gmail.com Sent from my iPhone 1 From: Sent: To: Subject: Michaele Stoll <mic-bill@msn.com> Tuesday, November 8, 2022 6:39 PM City Council Funding for Admiral Theatre CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Council Members, As a patron of the Admiral Theatre, please please please keep the funding going for this theatre. It is an icon and brings much desired entertainment that many in our community love and appreciate. Respectfully, Michaele Stoll 360-981-0043 Voice or text 1 From: Sent: To: Subject: David Brate <dbrate2@yahoo.com> Tuesday, November 8, 2022 5:43 PM City Council Funding the Admiral Theater CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Please please please provide funding for the Admiral Theater. This iconic theater brings many peo ple to the downtown Bremerton area. In fact, it's probably the main magnet that draws peo ple both local and out of towners to the heart of Bremerton. Sent from Yahoo Mail on Android 1 From: Patricia <michaelmurphy8@comcast.net> Sent: Wednesday, November 9, 2022 2:58 PM To: City Council <City.Council@ci.bremerton.wa.us> Subject: Funding for Admiral Theatre. Please continue this funding. CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Sent from my iPhone From: Diane Koch <kochdj@comcast.net> Sent: Wednesday, November 9, 2022 4:49 PM To: City Council <City.Council@ci.bremerton.wa.us> Subject: Admiral Theatre funding CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear members of our Bremerton City Council: I have heard that it may be a possibility that you may decide NOT to extend the Five- year contract in funding the Admiral Theatre Foundation. The Admiral Theatre has provided so many diverse concerts for many years and it is the one bright shining place for people like us to hear great concerts without trying having to drive to Seattle or Tacoma for our entertainment. We love having the Admiral here in our community. Please consider to continue funding our superb Admiral Theatre. Respectfully, Diane Koch Bremerton AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: November 9, 2022 Interlocal Agreement with the Kitsap County Prosecuting Attorney for Prosecution Services COUNCIL MEETING Date: November 16, 2022 Department: City Attorney Presenter: Kylie Finnell Phone: (360) 473-2345 SUMMARY: The purpose of this Agreement is for the City of Bremerton and Kitsap County to provide each other occasional support and back-up prosecution services in their respective municipal and district courts. There will be no compensation for the services and the term will expire on December 31, 2027. The Agreement was discussed and approved by the Public Safety Committee on November 3, 2022. ATTACHMENTS: Interlocal Agreement for Prosecution Services 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 Interlocal Agreement with the Kitsap County Prosecuting Attorney for Prosecution Services; 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 INTERLOCAL AGREEMENT FOR PROSECUTION SERVICES This Agreement (Agreement) is by and between the City of Bremerton (“City”) and the Kitsap County Prosecuting Attorney (“Prosecuting Attorney”) and is made and entered into pursuant to the provisions of chapter 39.34 RCW. WHEREAS, the Interlocal Cooperation Act, chapter 39.34 RCW, permits public agencies to provide services and facilities to other public agencies on a basis of mutual advantage; and WHEREAS, from time to time the City Attorney or the Prosecuting Attorney will need to appoint substitute counsel when the Office of the City Attorney or the Office of the Prosecuting Attorney has a legal conflict of interest in a criminal case. NOW, THEREFORE, in consideration of the mutual covenants hereinafter stated, the parties hereto agree as follows: SECTION I. PURPOSE The purpose of this Agreement is for the City Attorney and Prosecuting Attorney to provide substitute counsel to each other in criminal cases when a legal conflict of interest arises. SECTION II. SCOPE OF SERVICES The City Attorney and Prosecuting Attorney will provide each other with in-court and other necessary prosecution services, including but not limited to charging criminal cases, filing necessary motions, requesting search warrants, and/or conducting criminal trials. This Agreement does not create a duty to provide services at a particular date or time. The requested services will be provided at the sole discretion of the party receiving the request, based on timing and availability of personnel. The parties will in good faith provide services when able to do so. This Agreement is for the exchange of attorney prosecution services and each party is responsible for administering ancillary services as customarily rendered in support of attorney prosecution services. SECTION IV. TERM OF AGREEMENT This Agreement is effective on the date of execution and expires on December 31, 2027. SECTION IV. TERMINATION OF AGREEMENT This Agreement may be terminated by either party, with or without cause, upon fourteen (14) days’ notice to the other party. SECTION V. PAYMENT The parties agree that there will be no payments made for services rendered under this Agreement. Consideration for this Agreement is the mutual exchange of services rendered by one party to the other party, and such consideration is an exchange of full and true value, with neither party benefiting in any financial matter from the other party. SECTION VI. INSURANCE AND HOLD HARMLESS The City Attorney and Prosecuting Attorney are independent contractors when performing services for the other party. Each party shall maintain insurance for its attorneys performing work under this Agreement to the same extent it provides insurance for all other attorneys in its employ. Each party to this Agreement shall hold harmless, defend and indemnify the other party and the other party’s officials, officers, employees, and agents, from and against any and all claims, actions, suits, liability, loss, expenses, damages and judgments of any nature whatsoever, including reasonable attorney fees and costs in defense thereof, for injury, sickness, disability or death to persons or damage to property or business, to the extent caused by or arising out of the negligence of the indemnitor or its officials, officers, employees, or agents in the performance of this Agreement; provided, however, that the indemnitor’s obligation under this section shall not extend to injury, sickness, disability, death or damage caused by or arising out of the negligence of the indemnitee or its officials, officers, employees or agents. SECTION VII. GENERAL PROVISIONS A. This Agreement constitutes the entire agreement between the parties. Any modifications or amendments must be in writing and must be signed by each party. B. The parties acknowledge that the City Attorney and Prosecuting Attorney each retain ultimate prosecutorial discretion in their respective jurisdictions in all matters within the scope of this Agreement. C. Any notices required to be given shall be in writing and delivered to the following parties at the following addresses: Bremerton City Clerk 345 Sixth Street, Ste. 600 Bremerton, WA 98337 Kitsap County Prosecuting Attorney 614 Division Street, MS-35 Port Orchard, WA 98366 D. This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington. In the event of a dispute, such dispute shall be litigated in the Superior Court of Kitsap County, Washington. E. The invalidity or unenforceability of any provision hereof shall in no way affect the validity or enforceability of any other provision. F. Failure to insist upon strict compliance with any terms, covenants, or conditions of this Agreement shall not be deemed a waiver of such, nor shall any waiver or relinquishment of such right or power at any time be taken to be a waiver of any other breach. G. This Agreement does not establish a separate legal entity. No joint property shall be acquired under this Agreement. The Agreement shall be administered by the City Attorney and the Prosecuting Attorney. H. Each party to this Agreement shall comply with the notice provisions of RCW 39.34.040 by filing a copy of this agreement with the Kitsap County Auditor or listing the agreement on the party’s website. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the date and year indicated. Dated this ____ day of November 2022 CITY OF BREMERTON ___________________________________ Greg Wheeler, Mayor APPROVED AS TO FORM: ___________________________________ Kylie J. Finnell, City Attorney RECEIVED FOR FILING: ___________________________________ Angela Hoover, City Clerk Dated this ____ day of November 2022 KITSAP COUNTY PROSECUTING ATTORNEY _____________________________________ Chad M. Enright, Prosecuting Attorney Dated this ____ day of November 2022 BOARD OF COMMISSIONERS in and for KITSAP COUNTY ______________________________________ Edward E. Wolfe, Chair ______________________________________ Charlotte Garrido, Commissioner ______________________________________ Rob Gelder, Commissioner Attest: ________________________________ Dana Daniels, Clerk of the Board AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Reclass vacant Prosecution .5 Study Session Date: November 9, 2022 Rule 9 position to a .5 Clerical Support position COUNCIL MEETING Date: November 16, 2022 Department: Legal Presenter: Gary Hersey Phone: (360) 473-2345 SUMMARY: The .5 Rule 9 position in Prosecution was included and adopted into the fiscal year 2022 budget at up to $20.00 per hour. Due to increased workload volume in the prosecution department, additional clerical support is needed. It is recommended to reclass the vacant Rule 9 position to Clerical Support as previously budgeted at up to $20.00 per hour. ATTACHMENTS: None 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 .5 vacant prosecution position reclass from Rule 9 to Clerical Support at up to $20.00 per hour. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 A8 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: November 9, 2022 Proposed Public Hearing on Ordinance to approve and adopt the Final City of Bremerton Budget for FY-2023 COUNCIL MEETING Date: November 16, 2022 Department: Financial Services Presenter: Karen Wikle Phone: (360) 473-5296 SUMMARY: The purpose of tonight’s public hearing is to accept comments on the 2023 Proposed Budget. An overview of the Mayor’s proposed budget has been presented as follows:  October 19 Posted on the City’s website at: 2023 Proposed Annual Budget | Bremerton, WA - Official Website (bremertonwa.gov)  October 24 Budget Workshop  October 25 Budget Workshop  October 27 Budget Workshop In addition to receiving written comments throughout the process, Public Comments were also accepted during the November 2 Public Hearing. This is the second of two public hearings on the budget. Public Comments will be taken into consideration before Council adopts a final ordinance. The attached ordinance represents the final proposed 2023 Fiscal Budget. If adopted, this ordinance would become effective January 1, 2023. ATTACHMENTS: 1) Ordinance No. _____; and 2) Exhibit A FISCAL IMPACTS (Include Budgeted Amount): Total proposed general fund expenditures, without ending fund balance, is $57,885,542. With ending fund balance, total general fund expenditures are $68,184,888. Total proposed expenditures city wide, without ending fund balance, is $166,709,378. With ending fund balance, total expenditures city wide is $224,441,230. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☒ Public Hearing RECOMMENDED MOTION: Move to pass Ordinance No. ____ to approve and adopt the City of Bremerton Budget for Fiscal Year 2023; and appropriating the amounts set forth in each fund in accordance with RCW 35.33.075. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/09/2021 A9 1 2023 Annual Budget ORDINANCE NO. _____ AN ORDINANCE of the City Council of the City of Bremerton, Washington, approving and adopting the budget for the City of Bremerton for the fiscal year 2023, and appropriating the amounts set forth in each fund in accordance with RCW 35.33.075. WHEREAS, Pursuant to Chapter 35.33 RCW, the City of Bremerton (“City”) is required to adopt an annual budget and provides procedures for the filing of estimates, a preliminary budget, deliberations, public hearings, and final fixing of the budget; and WHEREAS, a proposed annual budget for the fiscal year 2023 has been prepared and filed in the Office of the City Clerk for the City; public hearings have been held for the purposes of fixing the final City budget; and the City Council, during its October 27, 2022 Budget Workshop meeting, deliberated and made adjustments and changes to the proposed budget deemed necessary and proper; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The proposed 2023 annual budget for the City, as amended by the City Council during its October 27, 2022, Budget Workshop meeting, (“2023 Annual Budget”), on file in the office of the City Clerk, is hereby incorporated herein by this reference. SECTION 2. The 2023 Annual Budget, covering the period from January 1, 2023, through December 31, 2023, establishing; 1) authorized positions for employment, 2) the City-wide Capital Improvement Program, and 3) fund balances as set forth in Exhibit A, attached hereto and incorporated herein by this reference, including regular revenues and unencumbered fund balances of $224,441,230.00 expenditures, and ending fund balances of $224,441,230.00, and funding of category groups pursuant to BMC 3.02.010, is hereby adopted and approved, and the totals for these funds as noted in Exhibit A are hereby appropriated for the fiscal year 2023. SECTION 3. Certain revenues received by the City shall be transferred to specific funds as follows: (a) The administrative fee, less the costs of administering the contract, received by the City from the “Agreement for Garbage, Recycling and Compostable Organics Collection, and Disposal” between the City of Bremerton and Waste Management of Washington, Inc. shall be allocated and transferred to fund No. 315, the Transportation Capital Fund, for street improvements, unless otherwise allocated by motion or other action of the City Council. 2 2023 Annual Budget (b) All rent and other revenues received by the City from the telecommunication tower “Option and Lease Agreement” between the City of Bremerton and Vertical Bridge Development, LLC shall be allocated and transferred to fund No. 310, the Park Facilities Construction Fund, for capital improvements, for park capital improvements, unless otherwise allocated by motion or other action of the City Council. (c) Accelerating tax exemption amounts for business and occupation taxes pursuant to BMC 3.48.050(2)(c) as follows: For the year 2023, the tax exemption for business and occupation taxes is accelerated to $1,020,000. SECTION 4. Nothing contained herein shall be construed to require the City or its officers to fill any vacancy in any of the positions established by this ordinance resulting from the discharge, resignation or retirement of such employee. Nothing herein contained shall require the City or its officers to pay the maximum amount budgeted for any position shown therein. SECTION 5. Severability. If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. SECTION 6. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. PASSED by the City Council the___________ day of ___________________________, 2022 _________________________________ MICHAEL GOODNOW, Council President Approved this ________ day of ________________________, 2022 _________________________________ GREG WHEELER, Mayor ATTEST: APPROVED AS TO FORM: __________________________________ ________________________________ ANGELA HOOVER, City Clerk KYLIE FINNELL, City Attorney PUBLISHED the________ day of ______________________, 2022 EFFECTIVE the_________day of ______________________, 2022 ORDINANCE NO.______. BEG LIC.INTER-CHARGES FINES 2023 FUND AND GOV'T FOR AND OTHER TOTAL FUND BAL.TAXES PERMITS REVENUE SERVICE FORFEITS REVENUE BUDGET General Fund General Government: City Council 0 0 0 159,766 0 0 159,766 Executive 0 0 0 193,119 0 0 193,119 Financial Services 0 0 0 819,979 0 0 819,979 Legal 0 0 0 691,418 0 0 691,418 Human Resources 0 0 37,035 316,121 0 0 353,156 Community Development 3,045,000 1,335,750 75,000 794,050 20,000 0 5,269,800 Municipal Court 0 0 360,496 174,300 268,000 5,275 808,071 City Auditor 0 0 0 52,071 0 0 52,071 Law Enforcement 0 6,000 856,108 158,600 1,000 151,600 1,173,308 Fire/Emergency Medical 2,160,000 1,200 691,125 670,200 0 0 3,522,525 Police & Fire Pension 0 0 91,356 0 0 0 91,356 General Facilities 0 0 399,640 179,054 0 836,500 1,415,194 Parks 0 0 0 167,000 0 61,000 228,000 Engineering 0 114,000 0 2,795,201 0 0 2,909,201 Non-Departmental 31,390,424 24,000 1,450,142 144,202 740,200 102,000 33,850,968 Beginning Fund Balance 16,646,956 16,646,956 Total General Fund 16,646,956 36,595,424 1,480,950 3,960,902 7,315,081 1,029,200 1,156,375 68,184,888 Special Revenue Funds: Street 325,441 800,000 0 825,000 85,000 0 1,796,722 3,832,163 Contingency Reserve 1,809,480 0 0 0 0 0 306,000 2,115,480 Lodging Tax 391,696 600,000 0 0 0 0 1,500 993,196 Parking System 838,221 0 0 0 0 400,500 1,496,178 2,734,899 Comm. Dev. Block Grant 136,586 0 0 620,000 10,000 0 95,500 862,086 Abatement Revolving Fund 419,072 0 0 0 0 50,000 100,500 569,572 Police Special Projects 746,166 0 0 0 0 0 2,500 748,666 Public Access Television 653,196 0 260,000 0 135,764 0 37,000 1,085,960 Gift & Donations Fund 258,077 0 0 0 0 0 3,370 261,447 Trial Improvement 104,301 0 0 18,275 0 0 600 123,176 One Percent for Arts 12,059 0 0 0 0 0 500 12,559 Conference Center Oper 576,466 0 0 0 1,079,557 0 450,700 2,106,723 Total Spec. Rev. Funds 6,270,761 1,400,000 260,000 1,463,275 1,310,321 450,500 4,291,070 15,445,927 Debt Service Fund: 2010 UTGO 120,744 900,000 0 0 0 0 100 1,020,844 Government Center LTGO 88,131 0 0 0 0 0 334,500 422,631 2015 Public Safety Bond 183,608 550,000 0 0 0 0 500 734,108 2019 Refunding LTGO 125,357 330,000 0 3,000 0 0 146,000 604,357 Total Debt Service Fund 517,840 1,780,000 0 3,000 0 0 481,100 2,781,940 Capital Improvement Funds: General Govt Capital Improv. 8,323,009 3,000,000 0 0 0 0 25,000 11,348,009 Park Facilities Construction 253,587 0 0 0 0 0 755,300 1,008,887 Residential Street & Sidewalk Fund 0 0 0 0 0 0 0 0 Transportation Projects Fund 2,700,595 1,728,700 155,000 5,264,778 0 0 3,872,335 13,721,408 Fire Public Safety Capital 0 0 0 0 0 0 0 0 Affordable Housing Capital Fund 3,571 0 0 0 0 0 100,100 103,671 Total Capital Improv. Funds 11,280,762 4,728,700 155,000 5,264,778 0 0 4,752,735 26,181,975 Total General Gov't Funds 34,716,319 44,504,124 1,895,950 10,691,955 8,625,402 1,479,700 10,681,280 112,594,730 2023 REVENUE - ALL FUNDS BEG LIC.INTER-CHARGES FINES 2023 FUND AND GOV'T FOR AND OTHER TOTAL FUND BAL.TAXES PERMITS REVENUE SERVICE FORFEITS REVENUE BUDGET 2023 REVENUE - ALL FUNDS Enterprise Funds: Water Utility 2,309,906 0 0 0 15,592,500 20,000 520,411 18,442,817 Water Capital 10,099,145 0 0 0 0 0 4,796,057 14,895,202 Wastewater Utility 2,292,728 0 0 0 17,893,000 15,000 17,800 20,218,528 Wastewater Capital 8,660,167 0 0 0 0 0 7,096,098 15,756,265 Stormwater Utility 1,312,311 0 0 175,000 5,636,000 7,000 80,500 7,210,811 Stormwater Capital 4,264,969 0 0 1,010,000 0 0 1,530,906 6,805,875 Utility Debt Reserve 1,724,090 0 0 0 0 0 6,100 1,730,190 Gold Mountain Golf Complex 1,974,808 0 0 0 5,936,798 0 2,316,000 10,227,606 Total Enterprise Funds 32,638,124 0 0 1,185,000 45,058,298 42,000 16,363,872 95,287,294 Internal Service Funds: Risk Management 2,189,542 0 0 0 0 0 2,614,465 4,804,007 Employment Security 306,386 0 0 0 0 0 34,000 340,386 Accumulated Leave Liability 813,178 0 0 0 0 0 655,000 1,468,178 ER&R Operations & Maint. 80,597 0 0 0 2,110,402 0 1,950 2,192,949 ER&R Equipment Reserve 2,578,885 0 0 0 0 0 1,427,550 4,006,435 Information Services 983,478 0 0 0 2,763,773 0 0 3,747,251 Total Internal Service Funds 6,952,066 0 0 0 4,874,175 0 4,732,965 16,559,206 Total Business Type Funds 39,590,190 0 0 1,185,000 49,932,473 42,000 21,096,837 111,846,500 Total All Funds 74,306,509 44,504,124 1,895,950 11,876,955 58,557,875 1,521,700 31,778,117 224,441,230 Beginning Fund Balance $74,306,509 33% Taxes $44,504,124 20% Licenses & Permits $1,895,950 1% Intergovernmental $11,876,955 5% Charges for Service $58,557,875 26% Fines & Forfeits $1,521,700 1%Other Revenue $31,778,117 14% Revenue Sources - All Funds 1/0/1900 2023 SUPPLIES &DEBT CAPITAL ENDING TOTAL FUND PERSONNEL SERVICES SERVICE OUTLAY TRANSFERS FUND BAL.BUDGET General Fund General Government: City Council 376,600 80,717 0 0 0 457,317 Executive 453,500 76,320 0 0 0 529,820 Financial Services 1,351,000 355,300 0 0 0 1,706,300 Legal Department 1,624,200 304,385 0 0 0 1,928,585 Human Resources 540,600 326,672 0 0 0 867,272 Community Development 2,179,600 997,944 0 0 94,000 3,271,544 Municipal Court 1,113,000 869,741 0 0 0 1,982,741 City Auditor 135,000 7,856 0 0 0 142,856 Law Enforcement 12,441,100 2,489,596 0 0 0 14,930,696 Fire/Emergency Medical 12,189,000 1,547,595 0 0 0 13,736,595 Police & Fire Pension 1,307,500 437,000 0 0 0 1,744,500 General Facilities 532,800 1,138,846 0 766,000 0 2,437,646 General Parks 2,529,600 950,655 0 0 0 3,480,255 Engineering 3,680,940 432,802 0 0 0 4,113,742 Non-Departmental 0 4,381,953 0 0 2,173,722 6,555,675 Ending Fund Balance 10,299,346 10,299,346 Total General Fund 40,454,440 14,397,380 0 766,000 2,267,722 10,299,346 68,184,888 Special Revenue Funds: Street 1,508,030 2,123,693 0 0 0 200,440 3,832,163 Contingency Reserve 0 0 0 0 0 2,115,480 2,115,480 Lodging Tax 0 350,000 0 0 250,000 393,196 993,196 Parking System 1,275 1,310,178 542,708 176,000 70,000 634,738 2,734,899 Comm. Dev. Block Grant 161,700 429,116 0 0 132,000 139,270 862,086 Abatement Revolving Fund 0 215,100 0 0 0 354,472 569,572 Police Special Projects 0 6,804 0 0 0 741,862 748,666 Public Access Television 424,700 106,832 0 96,000 0 458,428 1,085,960 Gift & Donations Fund 0 2,500 0 0 0 258,947 261,447 Trial Improvement 0 47,000 0 0 0 76,176 123,176 One Percent for Arts 0 9,000 0 0 0 3,559 12,559 Conference Center Oper 0 1,488,861 28,092 35,000 0 554,770 2,106,723 Total Spec. Rev. Funds 2,095,705 6,089,084 570,800 307,000 452,000 5,931,338 15,445,927 Debt Service Fund: 2010 UTGO 0 0 859,025 0 0 161,819 1,020,844 Government Center LTGO 0 0 332,763 0 0 89,869 422,631 2015 Public Safety Bond 0 0 500,600 0 0 233,508 734,108 2019 Refunding LTGO 0 0 536,266 0 0 68,091 604,357 Total Debt Service Fund 0 0 2,228,654 0 0 553,287 2,781,940 Capital Improvement Funds: General Govt Capital Improv.0 0 0 0 7,432,335 3,915,674 11,348,009 Park Facilities Construction 0 0 0 132,000 0 876,887 1,008,887 Residential Street & Sidewalk Fund 0 0 0 0 0 0 0 Transportation Projects Fund 0 1,515,000 0 9,173,506 490,000 2,542,902 13,721,408 Fire Public Safety Capital 0 0 0 0 0 0 0 Affordable Housing Capital Fund 0 100,000 0 0 0 3,671 103,671 Total Capital Improv. Funds 0 1,615,000 0 9,305,506 7,922,335 7,339,134 26,181,975 Total General Gov't Funds 42,550,145 22,101,464 2,799,454 10,378,506 10,642,057 24,123,104 112,594,730 2023 EXPENDITURES - ALL FUNDS 1/0/1900 2023 SUPPLIES &DEBT CAPITAL ENDING TOTAL FUND PERSONNEL SERVICES SERVICE OUTLAY TRANSFERS FUND BAL.BUDGET 2023 EXPENDITURES - ALL FUNDS Enterprise Funds: Water Utility 5,104,325 8,220,811 694,919 0 2,825,000 1,597,762 18,442,817 Water Capital 0 1,343,000 0 7,324,038 0 6,228,164 14,895,202 Wastewater Utility 3,909,477 10,285,729 2,003,911 0 2,875,000 1,144,411 20,218,528 Wastewater Capital 0 980,000 0 7,042,146 60,000 7,674,119 15,756,265 Stormwater Utility 1,949,275 3,281,080 707,662 0 0 1,272,794 7,210,811 Stormwater Capital 0 275,000 0 3,409,718 0 3,121,157 6,805,875 Utility Debt Reserve 0 0 0 0 0 1,730,190 1,730,190 Gold Mountain Golf Complex 11,300 5,157,134 433,590 0 0 4,625,582 10,227,606 Total Enterprise Funds 10,974,377 29,542,754 3,840,082 17,775,902 5,760,000 27,394,179 95,287,294 Internal Service Funds: Risk Management 425,000 2,780,967 0 0 0 1,598,040 4,804,007 Employment Security 60,000 0 0 0 0 280,386 340,386 Accumulated Leave Liability 500,000 0 0 0 0 968,178 1,468,178 ER&R Operations & Maint 621,800 1,486,127 0 18,000 0 67,022 2,192,949 ER&R Equipment Reserves 0 7,748 0 1,625,500 0 2,373,187 4,006,435 Information Services 1,105,200 1,594,296 0 0 120,000 927,755 3,747,251 Total Internal Service Funds 2,712,000 5,869,138 0 1,643,500 120,000 6,214,568 16,559,206 Total Business Type Funds 13,686,377 35,411,892 3,840,082 19,419,402 5,880,000 33,608,747 111,846,500 Total All Funds 56,236,522 57,513,356 6,639,536 29,797,908 16,522,057 57,731,852 224,441,230 Personnel $56,236,522 25% Supplies & Services $57,513,356 26% Debt Service $6,639,536 3% Capital Outlay $29,797,908 13% Transfers $16,522,057 7% Ending Fund Balance $57,731,852 26% Expenditures - All Funds From: Mike Riley <Mike.Riley@ci.bremerton.wa.us> Sent: Wednesday, November 9, 2022 4:26 PM To: City Council <City.Council@ci.bremerton.wa.us>; Michael Goodnow <Michael.Goodnow@ci.bremerton.wa.us>; Jennifer Chamberlin <Jennifer.Chamberlin@ci.bremerton.wa.us>; Eric Younger <eric.younger@ci.bremerton.wa.us>; Anna Mockler <Anna.Mockler@ci.bremerton.wa.us>; Quinn Dennehy <Quinn.Dennehy@ci.bremerton.wa.us>; Denise Frey <Denise.Frey@ci.bremerton.wa.us>; Jeff Coughlin <Jeff.Coughlin@ci.bremerton.wa.us> Cc: Greg Wheeler <Greg.Wheeler@ci.bremerton.wa.us>; Jennifer Hayes <Jennifer.Hayes@ci.bremerton.wa.us> Subject: Response to Debt Payoff REET Inquires Council, Attached is a summary document of the real estate excise tax history of uses along with the current proposed debt payoff scenario. We are providing this to you in response to questions we have received from councilmembers and the public. We will be presenting this tonight during the budget agenda item as to answer any additional questions from Council. Thank you! See you all this evening. Michael Riley Director of Financial Services City of Bremerton 360-473-5303 office 360-277-1339 mobile Real Estate Excise Tax Analysis Historically, real estate excise tax has been used for capital debt service on the Norm Dick’s Government Center and the Park Plaza Garage in the recent amount of $405,000 annually. Additionally, as depicted in Exhibit A, funds have been used as contributions to capital projects, either as supplement of funding to complete the project or more importantly as qualified matching funds to state and local grants. In most recent years, the REET funds used as match have been leveraged 4 to 1. Exhibit C depicts the grants leveraged with REET match and the return on the investment from the city. Exhibit B illustrates the historic additional uses of REET, which include debt service as mentioned above and facility major maintenance projects. Project Fund 2017 2018 2019 2020 2021 2022 Lebo Blvd Project 100,500 - - - - - Parks Capital 122,166 609,042 - 259,692 - - Residential Streets 480,000 - 100,000 100,000 100,000 - Streets 50,515 - - - - - Transportation Capital - 769,100 1,213,861 1,266,497 1,096,544 2,938,872 Washington Ave Connector - 68,000 - - - - Total Project Supported REET 753,181$ 1,446,142$ 1,313,861$ 1,626,189$ 1,196,544$ 2,938,872$ REET Capital Project Budget - Exhibit A Other REET Uses 2017 2018 2019 2020 2021 2022 2010 LTGO Bonds (Debt)90,000 70,000 75,000 - - - 2019 LTGO Bonds (Debt)- - - 75,000 75,000 75,000 Conference Center Capital Imp - 85,000 74,695 75,000 - 200,000 Facilities Major Maintenance 241,747 320,000 466,000 300,000 541,000 261,500 Governmet Center LTGO (Debt)252,000 250,000 340,000 330,000 330,000 330,000 Total REET Other Uses 583,747$ 725,000$ 955,695$ 780,000$ 946,000$ 866,500$ REET Other Uses Budget - Exhibit B Exhibit C Future Potential Projects on the Horizon - Warren Avenue Bridge - SR303 Corridor – Study completed previously - Werner Road - JCTP/Naval Avenue Road Diet - JCTP/6th Street Road Diet - 11th Street Preservation - West Kitsap Way Reconstruction Future success in applications will require the city to substantiate sufficient secured matching funds. Exhibit D – Parks Utilization of REET * WA & 11th Roundabout Project originally had =$900k of REET match to secure $5.9million in grant funds, subsequently, city staff were able to acquire state matching funds that off-set the REET ask. Council Proposal - $2.3 million REET use to payoff Gold Mountain Golf Fund Debt Response to Inquiry Questions - Debt payoff reduces annual debt service payment of $430,000 annually through 2028 - Interest savings annually of $90k in 2023 decreasing each year after (Total savings $406,015) - Interest on current debt 3.2% maturing in 2028. - Current investment portfolio average return is 2% - Potential savings provides an opportunity for the golf fund to transfer excess fund balance to the Parks Capital fund - Parks Capital fund proceeds can be used for capital projects (new park construction, park rehab and other major maintenance activities, i.e., playground equipment replacement, resurfacing of courts, etc.) Funds cannot be utilized for routine operations and maintenance of staffing increases. Real Estate Excise Tax Forecast With Current Debt Payoff proposal – No other changes in forecast Without Debt Payoff proposal – No other changes in forecast 2022 Budget 2022 Projection 2023 Budget 2024 Projection 2025 Projection 2026 Projection 2027 Projection 2028 Projection REVENUE REET 2,000,000$ 4,000,000$ 3,000,000$ 2,000,000$ 2,000,000$ 1,500,000$ 1,500,000$ 1,500,000$ Investment Earnings/Other 30,000 25,000 25,000 20,000 20,000 15,000 15,000 15,000 Total Revenue 2,030,000$ 4,025,000$ 3,025,000$ 2,020,000$ 2,020,000$ 1,515,000$ 1,515,000$ 1,515,000$ EXPENDITURES Debt Service 405,000$ 405,000$ 2,703,000$ 406,000$ 404,000$ 407,000$ 405,000$ 407,000$ General Facilities 261,500 185,500 365,000 767,000 277,000 326,000 144,000 151,000 Parks - - 600,000 900,000 1,800,000 750,000 300,000 300,000 Other Funds 200,000 200,000 200,000 75,000 75,000 75,000 75,000 75,000 Transportation Capital Projects 2,938,872 1,072,120 3,564,335 1,219,769 1,000,020 1,237,500 548,776 854,570 Total Expenditure 3,805,372$ 1,862,620$ 7,432,335$ 3,367,769$ 3,556,020$ 2,795,500$ 1,472,776$ 1,787,570$ Revenue over(under) exp.(1,775,372) 2,162,380 (4,407,335) (1,347,769) (1,536,020) (1,280,500) 42,224 (272,570) Beginning Fund Balance 6,142,865 6,142,865 8,323,009 3,915,674 2,567,905 1,031,885 (248,615) (206,391) Ending Fund Balance 4,367,493$ 8,305,245$ 3,915,674$ 2,567,905$ 1,031,885$ (248,615)$ (206,391)$ (478,961)$ GENERAL GOVERNMENT CAPITAL IMPROVEMENT FUND - (REET) SIX YEAR FORECAST 2022 Budget 2022 Projection 2023 Budget 2024 Projection 2025 Projection 2026 Projection 2027 Projection 2028 Projection REVENUE REET 2,000,000$ 4,000,000$ 3,000,000$ 2,000,000$ 2,000,000$ 1,500,000$ 1,500,000$ 1,500,000$ Investment Earnings/Other 30,000 25,000 25,000 20,000 20,000 15,000 15,000 15,000 Total Revenue 2,030,000$ 4,025,000$ 3,025,000$ 2,020,000$ 2,020,000$ 1,515,000$ 1,515,000$ 1,515,000$ EXPENDITURES Debt Service 405,000$ 405,000$ 408,000$ 406,000$ 404,000$ 407,000$ 405,000$ 407,000$ General Facilities 261,500 185,500 365,000 767,000 277,000 326,000 144,000 151,000 Parks - - 600,000 900,000 1,800,000 750,000 300,000 300,000 Other Funds 200,000 200,000 200,000 75,000 75,000 75,000 75,000 75,000 Transportation Capital Projects 2,938,872 1,072,120 3,564,335 1,219,769 1,000,020 1,237,500 548,776 854,570 Total Expenditure 3,805,372$ 1,862,620$ 5,137,335$ 3,367,769$ 3,556,020$ 2,795,500$ 1,472,776$ 1,787,570$ Revenue over(under) exp.(1,775,372) 2,162,380 (2,112,335) (1,347,769) (1,536,020) (1,280,500) 42,224 (272,570) Beginning Fund Balance 6,142,865 6,142,865 8,323,009 6,210,674 4,862,905 3,326,885 2,046,385 2,088,609 Ending Fund Balance 4,367,493$ 8,305,245$ 6,210,674$ 4,862,905$ 3,326,885$ 2,046,385$ 2,088,609$ 1,816,039$ GENERAL GOVERNMENT CAPITAL IMPROVEMENT FUND - (REET) SIX YEAR FORECAST With Current Debt Payoff proposal – With modification/removal of the proposed Parks Funding in 2025 ($1.6 million Pendergast Park upgrade) 2022 Budget 2022 Projection 2023 Budget 2024 Projection 2025 Projection 2026 Projection 2027 Projection 2028 Projection REVENUE REET 2,000,000$ 4,000,000$ 3,000,000$ 2,000,000$ 2,000,000$ 1,500,000$ 1,500,000$ 1,500,000$ Investment Earnings/Other 30,000 25,000 25,000 20,000 20,000 15,000 15,000 15,000 Total Revenue 2,030,000$ 4,025,000$ 3,025,000$ 2,020,000$ 2,020,000$ 1,515,000$ 1,515,000$ 1,515,000$ EXPENDITURES Debt Service 405,000$ 405,000$ 2,703,000$ 406,000$ 404,000$ 407,000$ 405,000$ 407,000$ General Facilities 261,500 185,500 365,000 767,000 277,000 326,000 144,000 151,000 Parks - - 600,000 900,000 200,000 750,000 300,000 300,000 Other Funds 200,000 200,000 200,000 75,000 75,000 75,000 75,000 75,000 Transportation Capital Projects 2,938,872 1,072,120 3,564,335 1,219,769 1,000,020 1,237,500 548,776 854,570 Total Expenditure 3,805,372$ 1,862,620$ 7,432,335$ 3,367,769$ 1,956,020$ 2,795,500$ 1,472,776$ 1,787,570$ Revenue over(under) exp.(1,775,372) 2,162,380 (4,407,335) (1,347,769) 63,980 (1,280,500) 42,224 (272,570) Beginning Fund Balance 6,142,865 6,142,865 8,323,009 3,915,674 2,567,905 2,631,885 1,351,385 1,393,609 Ending Fund Balance 4,367,493$ 8,305,245$ 3,915,674$ 2,567,905$ 2,631,885$ 1,351,385$ 1,393,609$ 1,121,039$ GENERAL GOVERNMENT CAPITAL IMPROVEMENT FUND - (REET) SIX YEAR FORECAST Public Comments Proposed City of Bremerton FY2023 Budget From: Chal Martin <chal.arnold.martin@gmail.com> Sent: Thursday, November 3, 2022 1:46 PM To: Jeff Coughlin; City Council; Thomas Knuckey; Greg Wheeler Subject: RE: Street Sweeping and Street Markings - 2023 Budget Requests - Wholistic Approach to Downtown CAUTION: This email originated from outside of the organization. Do not click links or open attachments unle ss you recognize the sender and know the content is safe. Hi Jeff, just following up on the issue of plussing up resources for street and sidewalk maintenance in the downtown area. My apologies for not getting this email back to the Council prior to the first public hearing last night, as I realize it gets harder to change things the further into the process we get. Nevertheless, this is important and I am hoping changes can still be made. I listened to the Q&A budget session and noticed there was quite a bit of discussion about street and crosswalk markings, but no budget increases were made. I might suggest the Council add dollars to the striping and MMA contracts so that more can be accomplished throughout the city next summer. I am not sure what happened to the agreement with Kitsap County for the street striping effort, but I hope I mis- understood that we only have 6 miles of striping in the contract for next year? What all of our members are seeing, and what I gleaned from the discussion is that the City is way behind in street markings. This is not good for city appearance and also not good for maintaining a ped-friendly environment. Capital improvements (such as the Pacific Avenue crosswalks by the Shipyard entrance) are wonderful and we really appreciate them, but we can’t forget about the mundane and less-flashy maintenance of the infrastructure already in place. One area I would point out as an example are the lane markings on SR-303 approaching the main Shipyard entrance in both directions. The lane markings are almost gone, which makes it hard for an old person like me to figure out if I am in the general purpose lane or the car pool lane when I cross the intersection. It is baaaaaaad. Anyway, our ask is to please add funding for street striping (including rpms) and crosswalk markings in the 2023 budget. After sending this original email, I heard additional input from our Harborside members (The 400 membership is impacted similarly) on a couple of other issues. One is, street noise and speeding along Washington Avenue between Burwell and 6th. The concern is with the unsignaled crosswalks at 4th and 5th. Our ask would be to add ped-activated RRFBs at both of those intersections. Another comment I get from our residents is that it would be great to encourage a more wholistic and systemic thinking about the downtown area: It’s lighting (we do appreciate the lighting upgrade to the 4th street garage – thank you!); it’s street markings; it’s Kitsap Transit’s busses (they are very noisy and the air brake relief valves are unsettling); it’s mutt mitts; it’s replacing street trees when they die or get hit; it’s traffic-calming measures such as narrower vehicle lanes and refreshing crosswalk markings; it’s ease of parking; it’s street sweeping (more important than ever with the new bike lanes); its code enforcement (think about the black grease container adjacent to Kitsap Credit Union’s driveway off of Washington); it’s connection with downtown residents, partners and businesses; it’s ideas for community initiatives to address graffiti (could a community mural be organized for the exterior walls of The Curry restaurant?). At this juncture, our residents see a downtown area that earns a grade of about a C-. But it is a stunningly beautiful area and has so much potential with the Marina Square project coming on line, plus the past three decades of capital improvements, plus the Convention Center, plus Quincy Square, plus Fountain Park, plus the great link to Seattle and Port Orchard, plus the growing Port activities and the marina – there is just no end to the possibilities for synergistic partnerships, projects, and programs to make our downtown area even better as a bustling, fun, and inviting destination for the enjoyment of every Bremerton resident. Chal A. Martin 320 Washington Avenue #93 Bremerton WA 98337 chal.arnold.martin@gmail.com From: Jeff Coughlin Sent: Sunday, October 23, 2022 10:31 PM To: Chal Martin; City Council Subject: Re: Street Sweeping and Street Markings - Please Help! Hi Chal, Thank you so much for re-sending this write-up and advocating for more funding for street and pedestrian markings, street sweeping, and other street and sidewalk maintenance, especially in the Downtown core due to pedestrian volume, so that it can be recorded as an official comment to the 2023 budget process. We will be holding a series of budget workshops this week, with Tuesdays workshop focused on Public Works: https://www.bremertonwa.gov/Calendar.aspx?EID=2664 In addition to having asked questions regarding this at the Sept. Public Works meeting, I'll be sure to focus on this Tuesday as well. While these workshops are open for the public to watch, anyone else wishing to submit public comment can do so via e-mail to City.Council@ci.bremerton.wa.us at any time, and as well during a Public Hearing on the entire budget on November 2: https://www.bremertonwa.gov/Calendar.aspx?EID=2454 Cheers, Jeff -- Jeff Coughlin, PhD City Councilmember, Bremerton District 3 This e-mail and further communication may be subject to public disclosure, if requested under the Washington Public Records Act (RCW 42.56). From: Chal Martin Sent: Sunday, October 23, 2022 9:35 PM To: Jeff Coughlin; City Council Subject: RE: Street Sweeping and Street Markings - Please Help! CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Councilmembers, I am re-sending this request, previously provided to the Public Works Committee, as the Council moves into its formal budget process. We appreciate the strides that have been made to improve nonmotorized transportation in the city (Pacific ped crossings near the Shipyard entrance, new bike lanes). Still, the downtown area has the most pedestrian activity and we feel additional resources are needed to adequately maintain and improve those facilities. We ask that you add resources for this purpose in the 2023 budget. Thank you! Chal A. Martin 320 Washington Avenue #93 Bremerton WA 98337 chal.arnold.martin@gmail.com From: Chal Martin Sent: Monday, September 19, 2022 2:29 PM To: 'Jeff Coughlin' Subject: Street Sweeping and Street Markings - Please Help! Hi Jeff, I see you have a Public Works Committee meeting tomorrow. I wanted to share with you my concern about the disconnect between transportation-related Council Goals and Priorities, and what we are observing, especially downtown. There is no area of the city that has more nonmotorized traffic (and now, e-bike and e-scooter traffic), than the downtown area, especially Washington, Burwell, Park, and Pacific. Yet from what I am observing, maintenance activity has been insufficient to achieve the nonmotorized goal in particular. Many of our Harborside neighbors have observed the same thing. The city’s core area must be welcoming and safe for pedestrians, bikes, e-bikes, e-scooters, strollers, pets, joggers, and walkers. Here are the Council goals: Intra-City Traffic Flow and Parking Congestion • Update and improve parking signage and markings throughout the City • Re-evaluate parking enforcement for effectiveness Pedestrian Safety • Increase and measure active transportation options: o Review and revise standards for Non-Motorized Transportation o Develop and implement a plan for bicycle and scooter sharing programs • Complete a Sidewalk Policy • Support improvements for pedestrian safety including parks and schools • Secure additional sustainable funding source for local streets and sidewalks What we see here at Harborside is insufficient street and sidewalk maintenance to achieve the goals above. Traffic markings, especially crosswalks, are old and worn. Worn crosswalk markings send a subconscious message to pedestrians and motorists that the City doesn’t prioritize nonmotorized uses. And I think that is not the intent – I think the City does recognize the importance of nonmotorized transportation. In my view, investments in nonmotorized transportation and facilities is key to improving quality of life in higher-density areas. The new bike lanes are great but can be dangerous for bikes (I am especially concerned for Kitsap Way) without much more frequent street sweeping so that gravel, vegetation, trash, etc. does not accumulate in the bike lanes and cause accidents. Similarly, the sidewalks (which are also used by e-bikes and e-scooters) must be swept/vacuumed after a snow event so that the sand/gravel doesn’t cause people to slip and fall. Resources need to be assigned to get this higher level of maintenance accomplished. I noticed the City does have a new contract for street markings. Hopefully that will result in our downtown crosswalks getting refreshed next summer. Jeff, my request is that you take on this issue and continually remind city staff and elected leaders that it is time to improve. The pandemic is over. Our street and sidewalk maintenance – especially downtown – has dropped to a low standard and needs to be brought back. I am writing you this email today because you can bring this issue up at tomorrow’s meeting, and also keep it front-of-mind when the budget gets to the Council in a couple of months. We have many of our residents at Harborside who have noticed the same issues. And with the Marina Square project coming on line, the downtown area is about to get a lot more people. Thank you for your help and attention to this important quality of life issue! chal Chal A. Martin 320 Washington Avenue #93 Bremerton WA 98337 chal.arnold.martin@gmail.com From: Thomas Knuckey <Thomas.Knuckey@ci.bremerton.wa.us> Sent: Friday, November 4, 2022 8:10 AM To: Jeff Coughlin; City Council; Greg Wheeler Subject: RE: Response to Street Sweeping and Street Markings - 2023 Budget Requests - Wholistic Approach to Downtown Good morning Councilor Coughlin – below are responses to some of the concerns raised by Mr. Martin: RE: long line pavement striping/painting – no additional budget is necessary beyond what has been requested for the 2023 budget. As I mentioned during the budget presentations, a couple years ago Kitsap County unilaterally terminated the mutual aid contract we had with them, and so going forward we’re contracting long line striping. Earlier this year we executed a multi-year contract with a private contractor (Striperite), and at this time we’re waiting for them to perform the work. In fairness to the contractor, we executed the contract a bit late in the year which is why the work hasn’t been done yet, and as the work is weather dependent, it could be a while until they’re able to complete it. If they’re unable to complete the 2022 work scope before the end of the year, that will be added to the 2023 scope and delivered next year. RE: pavement markings/MMA for crosswalks, etc., - no additional budget is necessary beyond what has been requested for the 2023 budget. Note that this work scope is also included in the Striperite multi- year contract, and will be delivered similarly. RE: request for rapid flashing beacons at 4th & 5th at Washington – I’m copying our Customer Responder to ensure this request is evaluated by Engineering for consideration. As you’re aware, the City has made considerable advances in implementing this technology at critical locations in the past few years, and we have a $1M project to install them at 8 additional locations next year; see the project map at https://www.bremertonwa.gov/1288/Systemic-Pedestrian-Treatments-Rectangul. RE: street lighting improvements downtown – late last year we placed an order for 187 new luminaires to install in the existing streetlights in the downtown core to improve overall illumination. In the past, we would receive this type of order in a just a few weeks; however, it has taken over a year to receive the lights due to supply chain issues. We received the lights about 3-weeks ago, and our Electricians are installing them; the installation will be completed in the coming weeks. RE: City appearance concerns and recommendations – I’m copying our customer responder to log Mr. Martin’s concerns and forward them to the appropriate division and Department for review. As presented during the budget presentations, the 2023 budget includes the request to hire an additional Street Service Specialist - this new position will help us continue to address City appearance issues, along with other operations and maintenance needs with the street system. Also, as you’re aware, the 2023 budget includes implementation of the first phase of our new Wayfinding program, along with design and construction of a number of other high-profile and transformational projects both downtown and Citywide, which are outlined on our project page which is available at https://www.bremertonwa.gov/404/Projects. Tom Knuckey, P.E. Director of Public Works & Utilities City of Bremerton Desk (360) 473-2376/Cell (360) 509-0870 thomas.knuckey@ci.bremerton.wa.us From: Greg Wheeler <Greg.Wheeler@ci.bremerton.wa.us> Sent: Friday, November 4, 2022 6:17 PM To: Steven DesRosier <sdesrosier@gmail.com>; City Council <City.Council@ci.bremerton.wa.us> Cc: Jennifer Hayes <Jennifer.Hayes@ci.bremerton.wa.us> Subject: RE: Response to City Budget Good evening Steven, Thank you for your email and for taking the time to share your unique insights into the affordable housing/homelessness crisis. Your comments will be recorded as a matter or record. I appreciate the timing of your comments, questions, and concerns, regarding what the city is doing currently to address the affordable housing/homelessness issue and to share some information with you. Attached is an email I sent recently responding to similar concerns for your consideration. The City Council has now received my budget and began deliberations on Monday (10/24) followed by in-depth public meetings on Tuesday (10/25), Thursday (10/27), and Wednesday (11/2). You’ve missed very important conversations, but I would like to invite you to provide public comment and listen to their deliberations as this issue has been and will continue to be raised. If you miss any presentations a recording can be requested. Funding sources for affordable housing and other essential services to serve our most vulnerable community members are outlined in the attachment. It will be important to review this information in the context of the entire budget. I can assure you we devoted several hundred thousand dollars last year and in fact there is Over $2 Million in Funding in the City's 2023 Budget for Affordable Housing. Here's how those funds are allocated: Rental Assistance program, administered by Bremerton Housing Authority, $800,000 available Income qualified Home Buyers Assistance program with Community Frameworks, $775,000 available Weatherization & Minor Home Repair through Kitsap Community Resources to fix home insulation, heating system repairs, health and safety issues and more, $150,000 available Substandard Housing Displacement program in development for 2023, $100,000 available. City funding to Agencies delivering housing options:  Peninsula Community Health Services (PCHS) Respite Care Facility - $100,000 in funding.  Kitsap Community Resources Manette Townhome Project receiving $630,000 ($200k of City's Federal grant funding, and $430k State grant secured by the City) On another note, Kitsap Connect has never gone away. The name of the program was changed to reflect the new agency overseeing these important services. Kitsap Public Health used to administer the program. Peninsula Community Health Services now oversees the program and they call it the “Stand by Me” program. That is the only thing that has changed. Another important note to share is that I am currently working with Kitsap County to develop an affordable/homelessness development strategy utilizing the 1/10 of 1% sales tax they recently enacted. All Bremertonians pay this tax and there is a considerable money that will be devoted to this program. I am also working with the county to develop a program proposal for funding to treat opioid addiction. These two programs were included in my Mayors Report to City Council Wednesday evening also. I am not proposing to shut down the golf course nor is that being considered by the City Council. The $6 million dollar budget is paid for by operating revenue the course generates from weddings, banquets, greens fees, and state & national tournaments. The golf course pays for itself. The Harrison Hospital District has a new vision for it’s future and it has been dubbed the East Side Village. Coincidently, a major new development featuring senior housing is already occurring through this effort. There are other developments in the planning stages in our city that will help to address the issues you are concerned about. As the Mayor of the largest and only full service city in Kitsap County, I will continue to work with the county to address shelter services in our region. I expect to provide updates in the spring of 2023. Hopefully, this helps address some of your comments, questions, and concerns. Take care. Sincerely, Greg Wheeler Mayor City of Bremerton (360) 473-5266 From: Steven DesRosier <sdesrosier@gmail.com> Sent: Friday, November 4, 2022 4:33 PM To: Greg Wheeler <Greg.Wheeler@ci.bremerton.wa.us>; City Council <City.Council@ci.bremerton.wa.us> Subject: City Budget CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Mr. Wheeler and members of the City Council, I have the utmost respect for the leadership of this city, however, I believe that some of your priorities are misplaced. In a short review of the budget, I noticed that there is a glaringly large gap in what the city is proposing for money spent on recreational activities versus helping the homeless or those who are facing homelessness. It's no secret that there is a shortage of homes available in Kitsap County / Bremerton but there is an increasing amount of unhoused individuals. We need to fund more projects such as tiny homes or even safe places to camp where social services can be provided. Spending approximately 8.3 million dollars on a golf course and only $108,000 on homeless housing is, in my opinion, outrageous. I also have trouble understanding why the city wants to contribute over one million dollars towards public television. Is that a service that is needed or even wanted? I have been in Kitsap since 2015 and during my short time here, I have seen a definite decline in the community. Rising crime rates, an increase in homelessness, open air drug use and people who are severely impacted by mental health disorders roaming the streets. These people need help and oftentimes, the first step is to provide some measure of safety in their living situation. We can't expect them to take up residence at a golf course because that's what we decided to fund. We also can't tell them that "we're sorry, there's no money to help you" because we decided that recreation was more important than they are. I know that helping the homeless or underserved does not create revenue, however, who is going to want to even be in this community if their first impression is our obvious ignorance towards these social issues? I beg and plead with you to reconsider your budgeting priorities. As a former member of the homeless community, I would have been beyond grateful to receive services that the City of Bremerton can afford to provide. I just happen to be one of the fortunate ones that made my way out of addiction and homelessness but I am among the few. Please make this a place where people can find hope and not a golf course destination. Respectfully, -- Steven DesRosier From: Greg Wheeler <Greg.Wheeler@ci.bremerton.wa.us> Sent: Sunday, November 6, 2022 6:16 PM To: patricia palacios <patrishapalacios2@gmail.com> Cc: City Council <City.Council@ci.bremerton.wa.us>; Jennifer Hayes <Jennifer.Hayes@ci.bremerton.wa.us> Subject: RE: Affordable housing Good evening Patricia, Thank you for your email and for taking the time to share your unique insights into the affordable housing/homelessness crisis. Your comments will be recorded as a matter of record. I appreciate the timing of your comments, questions, and concerns, regarding what the city is doing currently to address the affordable housing/homelessness issue and to share some information with you. Attached is an email I sent recently responding to similar concerns for your consideration. The City Council has now received my budget and began deliberations on Monday (10/24) followed by in-depth public meetings on Tuesday (10/25), Thursday (10/27), and Wednesday (11/2). You’ve missed very important conversations, but I would like to invite you to provide public comment and listen to their deliberations as this issue has been and will continue to be raised. If you miss any presentations a recording can be requested. Funding sources for affordable housing and other essential services to serve our most vulnerable community members are outlined in the attachment. It will be important to review this information in the context of the entire budget. I can assure you we devoted several hundred thousand dollars last year and in fact there is Over $2 Million in Funding in the City's 2023 Budget for Affordable Housing. Here's how those funds are allocated: Rental Assistance program, administered by Bremerton Housing Authority, $800,000 available Income qualified Home Buyers Assistance program with Community Frameworks, $775,000 available Weatherization & Minor Home Repair through Kitsap Community Resources to fix home insulation, heating system repairs, health and safety issues and more, $150,000 available Substandard Housing Displacement program in development for 2023, $100,000 available. City funding to Agencies delivering housing options: • Peninsula Community Health Services (PCHS) Respite Care Facility - $100,000 in funding. • Kitsap Community Resources Manette Townhome Project receiving $630,000 ($200k of City's Federal grant funding, and $430k State grant secured by the City) On another note, Kitsap Connect has never gone away. The name of the program was changed to reflect the new agency overseeing these important services. Kitsap Public Health used to administer the program. Peninsula Community Health Services now oversees the program and they call it the “Stand by Me” program. That is the only thing that has changed. Another important note to share is that I am currently working with Kitsap County to develop an affordable/homelessness development strategy utilizing the 1/10 of 1% sales tax they recently enacted. All Bremertonians pay this tax and there is a considerable money that will be devoted to this program. I am also working with the county to develop a program proposal for funding to treat opioid addiction. These two programs were included in my Mayors Report to City Council Wednesday evening also. I am not proposing to shut down the golf course nor is that being considered by the City Council. The $6 million dollar budget is paid for by operating revenue the course generates from weddings, banquets, greens fees, and state & national tournaments. The golf course pays for itself. The Harrison Hospital District has a new vision for it’s future and it has been dubbed the East Side Village. Coincidently, a major new development featuring senior housing is already occurring through this effort. There are other developments in the planning stages in our city that will help to address the issues you are concerned about. As the Mayor of the largest and only full service city in Kitsap County, I will continue to work with the county to address shelter services in our region. I expect to provide updates in the spring of 2023. Hopefully, this helps address some of your comments, questions, and concerns. Take care. Sincerely, Greg Wheeler Mayor City of Bremerton (360) 473-5266 From: patricia palacios <patrishapalacios2@gmail.com> Sent: Sunday, November 6, 2022 5:25 PM To: Greg Wheeler <Greg.Wheeler@ci.bremerton.wa.us> Subject: Affordable housing CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Here is what I want for Christmas November 6, 2022 Mayor Wheeler and Bremerton City Council Dear Mayor Wheeler and members of the Bremerton City Council, I/we as a citizen of Kitsap County am asking that the City Budget prioritize affordable and safe housing/shelter, public restrooms, vulnerable adult nursing home shelter, and repurposing of vacant buildings to house our homeless. The increase in our homeless population is concerning. The criminal element makes its way into this group and deteriorates trust between helping agencies, businesses and the public. Despite the efforts of County/City agencies, non-profits, frontline workers, and unofficial ADVOCATES, it is not enough. The group of homeless individuals and families will continue to grow as the housing market forces the working poor onto the streets. My understanding of the City of Bremerton Budget is that Bremerton has yet to spend over $5 Million of Covid Relief (AARPA) funds. The city is also projecting a budget surplus of over $50 Million for the year. The city has only allocated $100,000 out of the 2023 budget of $224 MILLION for affordable housing! That and the recent cancellation of the $500,000 a year Kitsap Connect program (that everyone, including the Mayor agreed, was saving lives downtown) “because it cost too much per person served” is a blow to our safety net. The experts agree that if we want low-income housing, we will have to build it. We can fund low-income construction and partner with the Bremerton Housing Authority, which was recently given a “density bonus”. They have the expertise and the tools. They just need the capital. YOU, City of Bremerton HAVE THE CAPITAL. We can ensure basic hygiene services, shelter, emergency medical care, crisis intervention, assistance with substance abuse disorders/mental health struggles, and case managers. Specifically, I/we request $5 Million (or more) in funding for one or more of the following projects: $5 Million is only a fraction of our overall city budget of $224 Million! $10 Million dollars has been allocated to the golf course, surely your citizens are worth half that.  IMMEDIATELY: that there be at least 6 handicap accessible portable toilets installed (and monitored with hired case managers) in areas of high homeless populations. Two possible locations were identified at the recent G2 meeting, the City can surely identify more, or create a new park or two for this purpose.  IMMEDIATELY: an agreement and plan to build at least 3 urban rest centers, with the first one completed in the next 6 months.  Nursing home shelter care (currently incontinent people lie on the ground in their own feces).  Inpatient facilities for those who are drug addicted and/or suffering with mental illness.  Low-income apartments, duplexes, or shared housing throughout the city (rehab empty houses/buildings whenever possible).  Utilize the old Harrison Hospital for all the above.  Effective outreach case managers who can stay with the person through the entire process from street to home. Initiating these changes will alleviate dire health circumstances, create opportunity for the drug addicted/mentally ill, reduce crime, reduce homeless camps and create homes. We can create a healthy and safe community if we earnestly work together. Imagine what the City of Bremerton could look like in 5 years if we lean into caring for our most vulnerable and supporting our community from the bottom up? Imagine what it could look like . Patricia Palacios 4268 Illahee rd n.e. Bremerton,Wa 98310 From: Greg Wheeler <Greg.Wheeler@ci.bremerton.wa.us> Sent: Monday, November 7, 2022 2:48 PM To: City Council <City.Council@ci.bremerton.wa.us>; Dan Herron <dh913@hotmail.com> Cc: Jennifer Hayes <Jennifer.Hayes@ci.bremerton.wa.us>; Mike Riley <Mike.Riley@ci.bremerton.wa.us> Subject: RE: Citizen Comments - 2023 City Budget (Dan Herron) Good afternoon Dan, Thank you for your email and for taking the time to share your insights into the affordable housing/homelessness crisis. Your comments will be recorded as a matter of record. I appreciate the timing of your comments, questions, and concerns, regarding what my administration and the city council are doing currently to address the affordable housing/homelessness issue and to share some information with you. Attached is an email I sent recently responding to similar concerns for your consideration. The City Council has now received my budget and began deliberations on Monday (10/24) followed by in-depth public meetings on Tuesday (10/25), Thursday (10/27), and Wednesday (11/2). You’ve missed very important conversations, but I would like to invite you to provide public comment and listen to their deliberations as this issue has been and will continue to be raised. If you miss any presentations a recording can be requested. Funding sources for affordable housing and other essential services to serve our most vulnerable community members are outlined in the attachment. It will be important to review this information in the context of the entire budget. I can assure you we devoted (with council support) several hundred thousand dollars last year and in fact there is Over $2 Million in Funding in the City's 2023 Budget for Affordabl e Housing. Here's how those funds are allocated: Rental Assistance program, administered by Bremerton Housing Authority, $800,000 available Income qualified Home Buyers Assistance program with Community Frameworks, $775,000 available Weatherization & Minor Home Repair through Kitsap Community Resources to fix home insulation, heating system repairs, health and safety issues and more, $150,000 available Substandard Housing Displacement program in development for 2023, $100,000 available. City funding to Agencies delivering housing options: • Peninsula Community Health Services (PCHS) Respite Care Facility - $100,000 in funding. • • Kitsap Community Resources Manette Townhome Project receiving $630,000 ($200k of City's Federal grant funding, and $430k State grant secured by the City) On another note, Kitsap Connect has never gone away. The name of the program was changed to reflect the new agency overseeing these important services. Kitsap Public Health used to administer the program. Peninsula Community Health Services now oversees the program and they call it the “Stand by Me” program. That is the only thing that has changed. Another important note to share is that I am currently working with Kitsap County to develop an affordable/homelessness development strategy utilizing the 1/10 of 1% sales tax they recently enacted. All Bremertonians pay this tax and there is a considerable money that will be devoted to this program. I am also working with the county to develop a program proposal for funding to treat opioid addiction. These two programs were included in my Mayors Report to City Council Wednesday evening also. I am not proposing to shut down the golf course nor is that being considered by the City Council. The $6 million dollar budget is paid for by operating revenue the course generates from weddings, banquets, greens fees, and state & national tournaments. The golf course pays for itself. The Harrison Hospital District has a new vision for it’s future and it has been dubbed the East Side Village. Coincidently, a major new development featuring senior housing is already occurring through this effort. There are other developments in the planning stages in our city that will help to address the issues you are concerned about. As the Mayor of the largest and only full-service city in Kitsap County, I will continue to work with the county to address shelter services in our region. I expect to provide updates in the spring of 2023. Hopefully, this helps address some of your comments, questions, and concerns. Take care. Sincerely, Greg Wheeler Mayor City of Bremerton (360) 473-5266 From: Dan Herron <dh913@hotmail.com> Sent: Sunday, November 6, 2022 2:20 PM To: City Council <City.Council@ci.bremerton.wa.us> Subject: new city budget CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello City Council, I thank you for all that you have done for the homeless in the past, but I am asking that you do even more. Please find ways to increase support for the homeless in your budget and find ways to increase leverage from state and federal funding that can help the homeless. As you are probably aware, permanent housing can be an effective means to reduce other expenses that already go to help the homeless. Those who are permanently housed in places like Pendleton Place will require fewer trips to the county jail and hospital emergency rooms. Finally, please consider supporting more public / private partnerships that can help the homeless. Spend more time communicating with local homeless advocates an d experts who may offer innovate solutions. There are also other programs across the country that can be investigated.including: Community First! Village - Mobile Loaves & Fishes (mlf.org) Community First! Village - Mobile Loaves & Fishes A 51-acre master planned community providing affordable, permanent housing and a supportive community for men and women coming out of chronic homelessness. mlf.org Thanks, Dan Herron 1540 Houston Avenue Bremerton, WA 98312 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: November 9, 2022 Race Equity Advisory Committee – Council Committee or Community Member Advisory Committee? COUNCIL MEETING Date: December 7, 2022 Department: City Council Presenter: Kylie Finnell, City Attorney Phone: (360) 473-52962345 SUMMARY: On July 1, 2020, the Council passed a motion to establish a Race Equity Advisory Committee. Originally established as an ad hoc advisory committee to the City Council, a majority of the City Council has indicated an intent to establish the Race Equity Advisory Committee as an enduring force in the structure of City governance. The City Attorney’s Office discussed long-term committee structure options with the Race Equity Advisory Committee on February 10, 2022 and September 8, 2022. Minutes and agendas for these meetings are attached. Advisory committee structures vary within the City. Some committee structures are set by state statute such as the Lodging Tax Advisory Committee, or the City Charter such as the Audit Committee. Long-term Council created committees generally take two forms: a Council committee and a community member advisory committee. Council committees are comprised of three Council Members assigned by the Council President. They do not include members of staff or community members. Council committees are created by a vote of the majority of the Council to amend the Council Rules & Procedures to add the committee. Council committees currently include the Public Works Committee, Public Safety Committee, and Finance Committee. Community member advisory committees are created by a majority of the Council passing an ordinance and do not generally include elected officials. The Council establishes the purpose of the committee, the number of members, the qualifications of members (such as district distribution, youth, residency requirements, etc.), whether members are compensated, how members are removed, how vacancies are filled, how committee expenses are funded and any parameters of committee meetings. The City Charter requires members be appointed by the Mayor and confirmed by the Council. Once an ordinance is passed, the committee is codified in the Bremerton Municipal Code. Option 1a Consummate the structure of the REAC as a Council Committee in the Council Rules & Procedures by amending the Council Rules & Procedures. Option 1b Consummate the structure of the REAC as a Council Committee in the Council Rules & Procedures by amending the Council Rules & Procedures but unlike existing Council committees, invite public comments and questions. Option 2a Consummate the structure of the REAC as Community Member Advisory Committee in the Bremerton Municipal Code by passing an ordinance. Option 2b Consummate the structure of the REAC as a Community Member Advisory Committee in the Bremerton Municipal Code and amend the Council Rules and Procedure to have the Council President assign Council Members to act as Council liaisons to the Community Member Advisory Committee. Continued on next page… A10 ATTACHMENTS: Agendas and Minutes for February and September REAC meetings. FISCAL IMPACTS (Include Budgeted Amount): None at this time. STUDY SESSION AGENDA: ☐ Limited Presentation ☒ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION OPTIONS: Option 1a: Move to direct the City Attorney to draft an amendment to the Council Rules & Procedures establishing the REAC as a Council Committee. Option 1b: Move to direct the City Attorney to draft an amendment to the Council Rules & Procedures consummating REAC as a Council Committee that receives public comments and questions. Option 2a: Move to direct the City Attorney to draft an ordinance consummating REAC as a Community Member Advisory Committee. Option 2b: Move to direct the City Attorney to draft an ordinance consummating REAC as a Community Member Advisory Committee and draft an amendment of the Council Rules & Procedures requiring the Council President assign Council members to act as Council liaisons and attend the Community Member Advisory Committee. Option 3: Move to direct the City Attorney to draft an ordinance establishing the REAC as a Community Member Advisory Committee and an amendment to the Council Rules and Procedure establishing appointment of Council liaisons to the Community Member Advisory Committee for presentation, public comment and discussion at the Council meeting on December 7, 2022. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 Bremerton Race Equity Advisory Committee – Meeting AGENDA Thursday, February 10th, 6:00 p.m. via Zoom (public link) Learn more at https://www.bremertonwa.gov/1232/Race-Equity-Advisory-Committee-REAC Regular REAC meetings are currently held at 6 p.m. on the second Thursday of each month, via Zoom. SERVING THIS MEETING Tech Host: Quinn Dennehy Tech Co-host: Jennifer Chamberlin Facilitator(s): Quinn Dennehy Land Acknowledgement Reader: Sarah van Gelder Timekeeper: Darryl Riley Notetaker: Glenna Matteson OUR PURPOSE o To advise the City Council, by applying a race equity analysis to all aspects of governance; and o To maintain engagement with and accountability to other work being done throughout the Bremerton Community in service of Race Equity. OUR VISION Bremerton Race Equity Advisory Committee envisions a City that: o Strives to continually dismantle its own institutional racism, within policies, programs, budgets, initiatives, legislation, systems, and infrastructure. o Amplifies and joins racially, culturally, and socially integrated community endeavors toward equity, well-being, and liberation for all; and o Aspires to model for the nation a City in which people of different races, ethnicities, and backgrounds can interact, form friendships, and participate fully in the community’s political, economic, educational, cultural, and civic endeavors. 1. Opening and Welcome (6:00 - 6:08 p.m.) a. Call meeting to order. b. Read land acknowledgement. c. Read REAC purpose and vision. d. REAC members introduce themselves. 2. Approval of This Meeting Agenda (6:08 - 6:10 p.m.) 3. Public Comments (6:10 - 6:20 p.m.) 4. Approval of Minutes from December 9th, 2021 REAC Meeting (6:20 - 6:25 p.m.) Approval of Minutes from January 25th, 2022 REAC Meeting 5. Update on Bremerton City Council’s Activities (6:25 - 6:35 p.m.) a. Re-establishing Updates: When serving on REAC, Council Member Lori Wheat had taken on the responsibility of keeping REAC informed of upcoming City Council items that might need our analysis and recommendations. Who will fill this role now? b. Action Item Follow-up: GARE Membership  What did Council Members serving on REAC find out about who has been stewarding City of Bremerton’s GARE membership?  How does Glenna get connected to serve as liaison (or co-liaison) for City of Bremerton’s GARE membership?  Can we get City of Bremerton’s membership access code for the GARE member portal, so we can attend GARE Annual Member Meeting, if we want? c. Action Item Follow-up: Getting on the March 2nd City Council Agenda  Bremerton REAC wants to report-back the summary of highlights and recommendations from our March 1st Community Conversation. d. Action Item Follow-up: City Council Retreat  Saturday, March 19 from 9:00 AM to approx. 3:00 PM (Details TBA) Bremerton Race Equity Advisory Committee – Meeting AGENDA Thursday, February 10th, 6:00 p.m. via Zoom (public link) Learn more at https://www.bremertonwa.gov/1232/Race-Equity-Advisory-Committee-REAC Regular REAC meetings are currently held at 6 p.m. on the second Thursday of each month, via Zoom. 6. Working Team Reports (6:35 - 6:50 p.m.) a. Change The Power - update on plans for the Tue, Mar 1st Community Conversation; presentation from Jessica Guidry of Kitsap Public Health District will be incorporated. b. Educate & Communicate c. Business & New Economy 7. Guest- City Attorney Kylie Finnell (6:50 - 7:20 p.m.) a. Discussion on the Structure of REAC 8. Old Business (7:20 – 7:40) b. January 27th with Bainbridge Island REAC i. Watch - http://apps.bainbridgewa.gov/media/video/2022/REAC_20220127cc.mp4 ii. They invited us to do it again on Thursday, April 28th, 6-7:30 p.m. c. Bremerton REAC Retreat i. March 10th, 2022, 6 p.m. - End Time TBD ii. Sarah and Airen are working on an agenda. Possible agenda items may include: 1. reflection on the year since our first retreat (March 2021) 2. assessment of how our REAC structure, methods, and processes are (and are not) serving our Purpose and Vision 3. building upon community leaders’ interview input and the March 1st Community Conversation 4. confirming our priorities and action plans for 2022 5. selecting a REAC Community Co-Chair (if desired) 8. New Business a. Establish Roles for March 10th Retreat: i. Tech Host: Quinn ii. Tech Co-host/Helper: Jennifer iii. Land Acknowledgement Reader: Jeff iv. Timekeeper: Airen and/or Sarah v. Notetaker: Quinn vi. Facilitator: Sarah and/or Airen 9. Closing Remarks Bremerton Race Equity Advisory Committee – Minutes Thursday, February 10th, 6:00 p.m. via Zoom SERVING THIS MEETING Tech Host: Quinn Dennehy Tech Co-host: Jennifer Chamberlin Facilitator(s): Quinn Dennehy Land Acknowledgement Reader: Sarah van Gelder Timekeeper: Darryl Riley Notetaker: Glenna Matteson OUR PURPOSE o To advise the City Council, by applying a race equity analysis to all aspects of governance; and o To maintain engagement with and accountability to other work being done throughout the Bremerton Community in service of Race Equity. OUR VISION Bremerton Race Equity Advisory Committee envisions a City that: o Strives to continually dismantle its own institutional racism, within policies, programs, budgets, initiatives, legislation, systems, and infrastructure. o Amplifies and joins racially, culturally, and socially integrated community endeavors toward equity, well-being, and liberation for all; and o Aspires to model for the nation a City in which people of different races, ethnicities, and backgrounds can interact, form friendships, and participate fully in the community’s political, economic, educational, cultural, and civic endeavors. Attending: Council Members Quinn Dennehy (Chair), Jennifer Chamberlin (Vice Chair), and Jeff Coughlin. Community Members Airen Lydick, Darryl Riley, Sarah van Gelder, and Glenna Matteson. 1. Opening and Welcome a. Meeting was called to order at 6:03 PM. b. Land acknowledgement was read. c. REAC purpose and vision was read. d. REAC members introduced themselves. Kylie Finnell, City attorney also introduced herself. 2. Approval of This Meeting Agenda a. Quinn noted an adjustment he made to the meeting agenda, notably Kylie’s advisement on meeting structure. Airen also adjusted agenda to strike approving the minutes from December 9th meeting, as members have not seen them yet. b. Members approved meeting agenda. 3. Public Comments a. Mike Szymanski made a public comment regarding the vision statement. He asks the committee to give an example and evidence of institutional racism. He also asked what the REAC has accomplished in the last 18 months. b. Drake Evans made a public comment asking for examples of systemic racism, specifically within the Norm Dicks building. He also asked what projects REAC is working on to address systemic racism. 4. Approval of Minutes from January 25th, 2022 REAC Meeting a. The minutes were unanimously approved. Bremerton Race Equity Advisory Committee – Minutes Thursday, February 10th, 6:00 p.m. via Zoom 5. Update on Bremerton City Council’s Activities a. Re-establishing Updates: Quinn has volunteered to be the Council liaison for REAC, and update the committee monthly on the council’s activities that are pertinent to REAC. Jennifer noted that all three council members can informally keep the committee informed, but Quinn will take the leadership role in a monthly council update. Quinn suggested a standing agenda item of “Council updates.” b. Action Item Follow-up: GARE Membership ▪ Funds were greenlit for membership, but Bremerton has not actually registered for the membership. ▪ Quinn will ensure the membership is secured, and Glenna Matteson should be able to be the city liaison for GARE. ▪ Kylie noted that the full City Council will need to approve that Bremerton become a member of GARE. ▪ Action Item: Quinn will check on the Council resolution to get GARE membership, and otherwise draft a resolution to get Council approval. c. Action Item Follow-up: Getting on the March 2nd City Council Agenda ▪ Jennifer will follow up with Council President to get REAC on the agenda of March 2nd. d. Action Item Follow-up: City Council Retreat ▪ Saturday, March 19 from 9:00 AM to approx. 3:00 PM (Details TBA) 6. Working Team Reports a. Change The Power - update on plans for the Tue, Mar 1st Community Conversation; presentation from Jessica Guidry of Kitsap Public Health District will be incorporated. The community conversation will bring data back to the community but also gather more data, all with the intention of guiding the community and especially city council on how to move race equity forward. Airen updated REAC on the timeline of preparation and the agenda of the event. i. Quinn will invite the Mayor to give opening remarks. Quinn will also connect Sarah to the City representative to submit the press release via the City. ii. REAC looked over the Press Release drafted by Sarah Van Gelder. 7. Guest- City Attorney Kylie Finnell a. Discussion on the Structure of REAC– Kylie Finnell advised the REAC on the intricacies of how REAC should run. She noted that the committee’s creation did not include the necessary infrastructure that advisory committees typically have. b. Kylie will advise committee on various forms of how the committee can continue to operate. The committee will also utilize the March retreat to make recommendations to the Council of how the committee will continue to operate. 8. Old Business c. January 27th with Bainbridge Island REAC i. Watch - http://apps.bainbridgewa.gov/media/video/2022/REAC_20220127cc.mp4 ii. They invited us to do it again on Thursday, April 28th, 6-7:30 p.m. ci. Bremerton REAC Retreat i. March 10th, 2022, 6 p.m. - End Time TBD ii. Sarah and Airen are working on an agenda. Possible agenda items may include: 1. reflection on the year since our first retreat (March 2021) Bremerton Race Equity Advisory Committee – Minutes Thursday, February 10th, 6:00 p.m. via Zoom 2. assessment of how our REAC structure, methods, and processes are (and are not) serving our Purpose and Vision 3. building upon community leaders’ interview input and the March 1st Community Conversation 4. confirming our priorities and action plans for 2022 5. selecting a REAC Community Co-Chair (if desired) 8. New Business a. Establish Roles for March 10th Retreat: i. Tech Host: Quinn ii. Tech Co-host/Helper: Jennifer iii. Land Acknowledgement Reader: Jeff iv. Timekeeper: Sarah and/or Airen v. Notetaker: Quinn vi. Facilitator: Sarah and/or Airen 9. Public Comment None 10. Closing Remarks Meeting adjourned 8:13 PM. Learn more at https://www.bremertonwa.gov/1232/Race-Equity-Advisory-Committee-REAC Regular REAC meetings are currently held at 6 p.m. on the second Thursday of each month, via Zoom. Bremerton Race Equity Advisory Committee – Meeting AGENDA Thursday, September 8th, 6:00 p.m. via Zoom Learn more at https://www.bremertonwa.gov/1232/Race-Equity-Advisory-Committee-REAC Regular REAC meetings are currently held at 6 p.m. on the second Thursday of each month, via Zoom. SERVING THIS MEETING Tech Host: Jennifer Chamberlin Facilitator(s): Quinn Dennehy Land Acknowledgement: Glenna Matteson Timekeeper: Airen Lydick Notetaker: Jennifer Chamberlin OUR PURPOSE o To advise the City Council, by applying a race equity analysis to all aspects of governance; and o To maintain engagement with and accountability to other work being done throughout the Bremerton Community in service of Race Equity. OUR VISION Bremerton Race Equity Advisory Committee envisions a City that: o Strives to continually dismantle its own institutional racism, within policies, programs, budgets, initiatives, legislation, systems, and infrastructure. o Amplifies and joins racially, culturally, and socially integrated community endeavors toward equity, well-being, and liberation for all; and o Aspires to model for the nation a City in which people of different races, ethnicities, and backgrounds can interact, form friendships, and participate fully in the community’s political, economic, educational, cultural, and civic endeavors. 1. Opening and Welcome (6:00 – 6:10 p.m.) a. Call meeting to order. b. Read land acknowledgement. c. Read REAC purpose and vision. d. REAC members introduce themselves. 2. Approval of Minutes (6:10 - 6:15 p.m.) a. July 14, 2022 REAC Meeting 3. REAC Purpose, Structure, and City Attorney’s Memo (6:15 – 6:45 p.m.) a. Options for Committee relating to Structure b. Responses to Questions & Comments regarding OPMA 4. Appointments (6:45 – 6:55 p.m.) a. Proposed Extension to December 31, 2022 for Airen Lydick (Term expiring 9/13/22) b. Proposed Extension to December 31, 2022 for Sarah Van Gelder (Term expiring 9/13/22) c. Proposed Term for Leiyomi Preciado (Term expiring 7/13/23 or 7/11/24) Pending Legal Review 5. Public Comment (~10 minutes) a. Community Comments or Concerns b. Community Comments or Concerns (by email) 6. Update on Bremerton City Council’s Activities (~5 minutes) a. Action Item Follow-up: ▪ Bremerton REAC Vacancies ▪ Other Business 7. Old Business (~10 minutes) a. Update on GARE Log-in Credentials for Darryl, Glenna, Sarah, and Airen b. Update on next Joint Meeting with Bainbridge REAC Bremerton Race Equity Advisory Committee – Meeting AGENDA Thursday, September 8th, 6:00 p.m. via Zoom Learn more at https://www.bremertonwa.gov/1232/Race-Equity-Advisory-Committee-REAC Regular REAC meetings are currently held at 6 p.m. on the second Thursday of each month, via Zoom. c. Update on next Retreat d. Other Business 8. New Business (~5-minutes) a. To be determined b. Establish Roles for October 13th Meeting: i. Tech Host: Jennifer Chamberlin ii. Land Acknowledgement Reader: iii. Timekeeper: iv. Notetaker: v. Facilitator: Quinn Dennehy 9. Closing Remarks (7:30pm) LAND ACKNOWLE DGEMENT STATEMENT "Every part of this soil is sacred in the estimation of my people. Every hillside, every valley, every plain and grove, has been hall owed by some sad or happy event in days long vanished." Chief Seattle 1854 We would like to begin by acknowledging that the land on which we gather is within the ance stral territory of the suq wabs "People of Clear Salt Water'' (Suquamish People). Expert fi sherman, canoe builders and basket weavers, the suqwabs live in harm ony with the lands and waterways along Wa shington's Central Salish Sea as they have for thousands of years. Here, the suqwabs live and protect the land and waters of their ancestors for future generati ons as promised by the Point Elliot Treaty of 1855. ORT GAMBLE S'KLALLAM TRIBE from the Preamble to the Point No Point Treaty Council Constitution ... the Port Gamble S'Klallam and the Jamestown S'Klallam Tribes, of the Point No Point Treaty Area, recognize the responsibility and need to protect and advance the treaty reserved hunting, fishing and gathering rights of [their] Tribes. [The Port Gamble S'Klallam and the Jamestown S'Klallam Tribes] further recognize that [their] inherent traditional and cultural rights constitute vital and irreplaceable resources for [their] future. These resource s are essential for the social, cultural and economic self-sufficiency and well-being of [their] Tribal communities. [The Port Gamble S'Klallam and Jamestown S'Klallam Tribes] believe that in unity and mutual respect [they] can best accomplish [their] community goals, not only for the benefit of Indian people, but for all people. The City of Bremerton’s Race Equity Advisory Committee has adopted the following Purpose & Vision Statement…. PURPOSE: •To advise City Council, by applying a race equity analysis to all aspects of governance; and •To maintain engagement with and accountability to other work being done throughout the Bremerton community in service of race equity. VISION: The Bremerton Race Equity Advisory Committee envisions a City that: •Strives to continually dismantle its own institutional racism, within policies, programs, budgets, initiatives, legislation, systems, and infrastructure; •Amplifies and joins racially, culturally, and socially integrated community endeavors toward equity, well-being, and liberation for all; and •Aspires to model for the nation a City in which people of different races, ethnicities, and backgrounds can interact, form friendships, and participate fully in the community’s political, economic, educational, cultural, and civic endeavors. Bremerton Race Equity Advisory Committee – Meeting Minutes Thursday, July 14th, 2022, 6:00 p.m. Learn more at https://www.bremertonwa.gov/1232/Race-Equity-Advisory-Committee-REAC Next REAC meeting: Thursday, August 11th, 2022, 6:00 p.m. SERVING THIS MEETING Tech Host: Quinn Dennehy Facilitator: Anna Mockler Land Acknowledgement: Sarah van Gelder Timekeeper: Darryl Riley Notetaker: Quinn Dennehy OUR PURPOSE o To advise the City Council, by applying a race equity analysis to all aspects of governance; and o To maintain engagement with and accountability to other work being done throughout the Bremerton Community in service of Race Equity. OUR VISION Bremerton Race Equity Advisory Committee envisions a City that: o Strives to continually dismantle its own institutional racism, within policies, programs, budgets, initiatives, legislation, systems, and infrastructure. o Amplifies and joins racially, culturally, and socially integrated community endeavors toward equity, well-being, and liberation for all; and o Aspires to model for the nation a City in which people of different races, ethnicities, and backgrounds can interact, form friendships, and participate fully in the community’s political, economic, educational, cultural, and civic endeavors. REAC Members Attending: Darryl Riley, Glenna Matteson, Sarah van Gelder, Airen Lydick, Quinn Dennehy, and Anna Mockler REAC Members Absent: Jennifer Chamberlin 1.Welcome & Introductions a.The meeting was called to order at 6:00 p.m. by Quinn Dennehy. b.Sarah Van Gelder read the Suquamish Tribe’s Land Acknowledgement Statement. c.Anna Mockler read the Purpose and Vision of Bremerton REAC. d.Bremerton REAC members introduced themselves. 2.Approval of Meeting Agenda a.The Meeting Agenda was approved. 3.Approval of Meeting Minutes a.The June 9, 2022 Meeting Minutes were approved unanimously. 4.Interview of Candidates (Postponed) Quinn provided an update on applicants: Harrington Griffin (declined) and Leiyomi Preciado (interviewed at June 9 Meeting). Also, it was confirmed that Darryl Riley’s term will expire on August 10. Approval of Candidates REAC Members unanimously approved the appointment of Leiyomi Preciado; and the reappointment of Darryl Riley until December 31, 2022. 5.Update on Bremerton City Council's Activities a.Discussion on Follow-Up to Action Items including the following: ▪Bremerton REAC Vacancies (discussed under Item #4) ▪Anna shared highlights of the Juneteenth Festival (handouts, swag, attendance, 2A Bremerton Race Equity Advisory Committee – Meeting Minutes Thursday, July 14th, 2022, 6:00 p.m. Learn more at https://www.bremertonwa.gov/1232/Race-Equity-Advisory-Committee-REAC Next REAC meeting: Thursday, August 11th, 2022, 6:00 p.m. and the need to apply early for booth space next year) ▪Quinn shared that Goal #7 "Equity in Government" was added to the Council’s Goals & Priorities at the June 11 Joint Planning Session. Darryl made suggestions on language changes, and Quinn will bring up at the July 20 Council Meeting. ▪Glenna, Darryl, and Airen will provide a Presentation on GARE at the July 27 Council Study Session (Overview of Website, How to Get Access, and Key Resources). With emphasis on removing barriers to access resources so REAC can advise City Council. ▪Opportunities to discuss potential budget ideas (such as hiring a DEI Consultant) may land prior to/at the Finance, Investment & Parking Committee on July 26; and 2023 budget requests are being submitted by July 28. Darryl left the meeting at 7:20 PM… 6.REAC Purpose, Structure, and City Attorney’s Memo – Postponed to August 11 Meeting a.Options for Committee relating to Structure b.Questions & Comments regarding OPMA c.What should be included in REAC’s Work Plan? What are REAC’s Priorities? ACTION ITEM: Questions may be forwarded to staff for initial review by the City Attorney, with a response anticipated at the next meeting. ACTION ITEM: Airen suggested that the Work Plan & Priorities be added to a list of potential items for a Retreat, possibly in early fall. 7.Working Team Reports – None; and Postponed until after a Retreat can be held 8.Old Business a.Requests submitted for Community Members for GARE Access. Glenna confirmed she has account access through her job. b.The July 28 Joint Meeting with Bainbridge REAC was postponed and to be rescheduled. 9.New Business a.Initial discussion on how to address community concerns sent to Bremerton REAC via email. •ACTION ITEM: Emails will be added to the monthly meeting packet. •ACTION ITEM: This topic will be added to a future Retreat agenda. b.Roles for Next Meeting – Thursday, August 11th, 2022, 6 p.m., via Zoom •Tech host: Quinn Dennehy •Facilitator: Anna Mockler (with City Attorney Kylie Finnell) •Land Acknowledgement: Glenna Matteson •Timekeeper: Airen Lydick •Notetaker: Jennifer Chamberlin 10.Public Comment – None 11.Closing Remarks The meeting was adjourned at 7:52 p.m. Memorandum To: Quinn Dennehy, Race Equity Advisory Committee Chair From:Brett Jette, Assistant City Attorney Re: Race Equity Advisory Committee Date:March 8, 2022 The following is an analysis from the Bremerton City Attorney’s Office prepared regarding the status of the Race Equity Advisory Committee (REAC) and proposed actions related to REAC moving forward. This analysis is being provided at the request of the Race Equity Advisory Committee (REAC) made at the February 10, 2022 meeting. 1.The REAC Creation and Authority REAC was created on July 1, 2020 by a motion of the City Council and does not have an enabling ordinance or resolution to accompany its creation. This is an unusual circumstance as the other committees and commissions in the City are established through the Charter, Council Rules, ordinance, or by a city department. Reviewing the July 1, 2020 meeting minutes and the recording of the meeting and City Council discussion of the topic, the scope, purpose, and goals of REAC were vague with the intent of a more formalized establishment to happen at a later date with input from an initial ad hoc style committee. The motion that created REAC stated: Move to create the Race Equity Advisory Committee that will include no more than three Councilmembers and no more than seven community members who are residents of the City to be chosen through an open application process and to serve in an advisory capacity to the City Council. Based on this motion, REAC is an advisory committee to the City Council and can issue recommendations to the City Council. The motion indicates REAC is structured to have up to 10 members (3 council members, 7 community members). The motion does not address the purpose of the committee, who chooses the members, the term of member appointment, how members are removed, how vacancies are filled and who provides staff support for the committee. Again, it appears from the record that these issues were to be addressed later with input from the committee itself. Office of the City Attorney Kylie J. Finnell, City Attorney 3A 2.Suggested action. •REAC should make a recommendation to the City Council to adopt an ordinance establishing the purpose of the committee, the member selection and removal processes, the term of member appointments, and staff support for the committee. 3.Ordinance Options. A draft ordinance that is modeled after the Bainbridge Island Race Equity Advisory Committee and incorporates the elements of REAC that were established by the motion of Council in July 2020 is included as Appendix A. The ordinance is a draft and can be changed to incorporate changes that are deemed appropriate such as committee size, makeup, appointment, duties, etc. As laid out in the table below, additional options are available as well. The committees and commissions of Bremerton are varied in their structures. They have memberships anywhere between 3 and 10 members, but typically have either 5 or 7 members likely to reduce the chance of a tie vote. The makeup of the membership also varies from strictly councilmembers to councilmembers and citizens, to City staff and citizen, to strictly citizens. 4.City of Bremerton Committees and Commissions (this is a non-exhaustive list) Committee Name Authorizing Legislation Extent of Authority Committee Makeup Appointment/Removal REAC Council motion Advisory No more than 3 councilmembers and no more than 7 community members Not yet established by City Council ADA Committee BMC 2.88 Advisory No more than 10 members, no formal appointment, City ADA Coordinator is the committee chair Ad hoc, no formal appointment Arts Commission BMC 2.32 Set forth in BMC 2.32.020 7 citizens, no city official or employee may be a member Appointment by Mayor with confirmation of Council 1 Audit Committee Art. III, Section 18, City Charter, and BMC 2.18 Art. III, Section 18, City Charter, and BMC 2.18 2 councilmembers, 1 independent certified professional accountant and 2 citizens. Councilmembers appointed by Council President, CPA appointed by City Council, and 2 citizens appointed by 2 council members and CPA. 1 Art. 7, Section 32, City Charter, “The Mayor shall appoint all boards, commissions and committees established by ordinance or charter, except the Audit Committee, with Council confirmation as required by ordinance. All members of boards, commissions and committees established by ordinance or charter shall be residents of the City for at least one year prior to appointment and eighteen years of age, unless otherwise provided by ordinance….” Bremerton Citizen’s Commission on Council Salaries Article II, Section 8, City Charter and RCW 35.21.015 Article II, Section 8, City Charter and RCW 35.21.015 3 community members Appointed by Mayor with Council confirmation Civil Service Commission Article VI, Section 28, City Charter Article VI, Section 29, City Charter 3 community members Appointment by Mayor with confirmation of Council; removal by Superior Court Complete Streets Committee Created by Public Works Advisory to Public Works Director No more than 9 members Appointed by the Public Works Director LEOFF1 Pension Boards RCW 41.16 (firefighters) and 41.20 (police) RCW 41.16.040; 41.20.030; 41.20.040 RCW 41.16.020; 41.20.010 RCW 41.16.020; 41.20.010 Lodging Tax Advisory Committee RCW 67.28.1817 and BMC 2.38.010 RCW 67.28.1817 and BMC 2.38.010 2 members from businesses required to collect lodging tax; 2 members from entities authorized to receive lodging tax; and 1 council member Community members appointed by Mayor and approved by Council and council member appointed by Council President. Parks and Recreation Committee BMC 13.15.010 13.15.050 7 community members Appointed by Mayor with confirmation of Council Planning Commission BMC 2.12.010 BMC 2.12.040 and BMC 2.12.080 7 community members Appointed by Mayor and approved by Council Public Safety Committee, Finance, Investment & Parking Committee, and Public Works Committee Council Rules and Procedure 3 City Council members Appointed by Council President APPENDIX A ORDINANCE NO. _______ AN ORDINANCE of the City Council of the City of Bremerton, Washington, creating Chapter 2.XX of the Bremerton Municipal Code regarding the Race Equity Advisory Committee. WHEREAS, ; and WHEREAS, ; and WHEREAS, ; and WHEREAS, ; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 2.XX of the Bremerton Municipal Code entitled "Race Equity Advisory Committee" is hereby established as follows: Chapter 2.XX RACE EQUITY ADVISORY COMMITTEE 2.XX.010 PURPOSE OF RACE EQUITY ADVISORY COMMITTEE. The purpose of the committee is to provide advice and counsel to the City Council on matters identifying programmatic, community, and legislative options; and to seek suggestions on how to ensure that the City of Bremerton is an open and welcoming community for all. 2.XX.020 RACE EQUITY ADVISORY COMMITTEE ESTABLISHED. (a)Membership. The Race Equity Advisory Committee shall consist of ten (10) members. Three (3) members shall be members of the City Council and appointed by the Council President. The seven (7) remaining members shall be citizens of the City of Bremerton appointed by the Mayor and confirmed by City Council. (b)Terms. (1)The three (3) Council members designated by the Council President shall serve one (1) year terms, or less if the current term of their elected office expires earlier. (2)Terms of office for the City of Bremerton resident members shall consist of two (2) year terms. (c)Removal. Any City of Bremerton resident member of the Committee may be removed from office with notice from the City Council upon the formal recommendation of the Committee for incompetence, incompatibility of office, dereliction of duty, malfeasance in office, lack of attendance at meetings, or other good cause. City of Bremerton resident members of the Committee may be dismissed from the Committee if they miss more than three (3) consecutive meetings, unexcused, or any five (5) meetings within a twelve (12) month period. (d)Vacancy. In the event that any member does not serve a full term, either by resignation or removal, a replacement shall be designated or selected, as applicable, by the original appointing authority to serve the remainder of the term. (e)Compensation. Members shall serve without compensation. Commented [BJ1]: This is the purpose set out on the REAC city webpage Commented [BJ2]: This ordinance would keep the committee make-up as it currently is with 10 members (3 from Council, 7 from the community). However, note that the larger the committee, the more risk exposure for Public Records Act and Open Public Meetings Act violations. Commented [BJ3]: There are currently no terms of office set. I pulled these from other committees. Commented [BJ4]: This language comes from the City’s Parks and Recreation Commission ordinance. (f)Administrative Support. Administrative support will be provided to the Race Equity Advisory Committee by Council staff as assigned by the Council President. 2.XX.040 MEETINGS AND OFFICERS. The Race Equity Advisory Committee, each year, shall elect its own chairperson and create and fill such other offices as it may determine it requires. The Committee’s regular meeting shall be held at 6:00 p.m. on the second Tuesday of each month, unless a change in the scheduled date or time is approved and duly noticed by the Committee. 2.XX.050 POWERS AND DUTIES. The Race Equity Advisory Committee shall serve in an advisory capacity to the City Council, by applying a race equity analysis to all aspects of governance. The Race Equity Advisory Committee shall have the following duties: (a)As directed by the city council, serve as a technical and planning advisory committee to the city council on issues related to racism and race-related bias. (b) As directed by the city council, assist the city in implementing racial equity- related goals and policies as expeditiously as committee and city resources allow. (c)As directed by the city council, provide advice or recommendations to the city council, as appropriate, on methods of completing a baseline city government and police department equity assessment of policies, staffing, contracting, and decision-making. (d)As directed by the city council, assist with or manage the completion of a baseline city government and police department equity assessment of policies and procedures. (e)Recommend to the city council a racial equity action plan and implementation strategy. (f)Provide advice or recommendations to the city council, as appropriate, on how to measure progress toward implementing the city’s racial equity action plan. (g)As directed by the city council, assist the city with participation in regional racial equity efforts. (h)Provide education and outreach to the public regarding racial equity and the work of the committee and the city relating to racial equity. (i)Annually provide a report to the city council on committee work completed within the last year and obtain the city council’s approval of a work plan for work to be performed by the committee in the following year. SECTION 3. 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. SECTION 4. Severability. If any one or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 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. Commented [BJ5]: These are the powers and duties identified in the Bainbridge Island REAC ordinance. PASSED by the City Council the___________ day of ____________________, 2022. _________________________________ MICHAEL GOODNOW, Council President Approved this ________ day of ________________________, 20___. _________________________________ GREG WHEELER, Mayor ATTEST: APPROVED AS TO FORM: __________________________________ _________________________________ ANGELA HOOVER, City Clerk KYLIE J. FINNELL, City Attorney PUBLISHED the ________ day of ______________________, 20__. EFFECTIVE the ________ day of ______________________, 20__. ORDINANCE NO. ________. From: Brett Jette <Brett.Jette@ci.bremerton.wa.us> Sent: Wednesday, August 10, 2022 10:26 AM To: Quinn Dennehy <Quinn.Dennehy@ci.bremerton.wa.us>; sarah.bremertonreac@gmail.com Cc: City Council <City.Council@ci.bremerton.wa.us>; Kylie Finnell <Kylie.Finnell@ci.bremerton.wa.us> Subject: RE: REAC related OPMA Questions Good morning, Below are the questions previously raised and my answers in red. Please let me know if you have any additional questions or if I can be of further assistance. 1) I just reviewed the state RCW on open meeting laws, which reference a "governing board" of a public agency. I would like first off to be clear if we are a public agency or a governing board. In particular, our group has no tax payer budget (no budget at all), no decision making authority, the most we can do is to "advise," and that advice only has any weight if it is brought to a duly called City Council meeting. " Since we are neither a public agency nor a governing board, it would seem to me that this law does not apply. It does seem to be the case that we could only have a certain number of City Council members present during any discussion, since they do, in fact, have decision making powers. Whether a committee is an advisory committee is not the only factor regarding whether a committee is subject to the OPMA. A governing body includes any public agency and any committee thereof when “the committee acts on behalf of the governing body, conducts hearings, or takes testimony or public comment.” RCW 42.30.020(2). A “committee thereof” is any committee created by the governing body of a public agency. Citizens Alliance for Property Rights Legal Fund v. San Juan County, 184 Wash. 2d 428, 439, 359 P.3d 753 (2015). REAC was created by the City Council and from my understanding takes testimony and public comment at its meetings. Therefore, REAC at times, though not necessarily always, meets the definition of “governing body” in RCW 42.30.020(2). However, there is also the City Charter which independently requires that “All meetings of Council and City boards, commissions and committees shall be open to the public except as excluded by 42.30 RCW or this Charter.” Section 14(1). I interpret this provision of the Charter to mean that unless specifically exempt by one of the provisions in 42.30 RCW, the meeting must be open to the public. 2) If the Open meeting law does apply, is there a different section that applies to advisory groups? There is no section in the OPMA that addresses “advisory groups.” Section 14 of the City Charter independently requires that REAC meetings be open to the public. 3) If the Open Meeting law applies to us, what are the mechanisms by which we are to do our work. For example, if, during a duly called open meeting, the Advisory Group decides to participate with an information table at the Juneteenth celebration, and there are logistics to be undertaken to carry out that decision (dividing up shifts at the table, for example), does that need to be done with public notice? Can email threads to the entire group be used to carry out decisions made in pubic? I’m not sure that I understand this question. I would think that scheduling issues, etc. would be handled exactly how Council handles scheduling issues. What is meant by “carrying out” decisions that were made in public is unclear to me, but if it involves a quorum then I would have concerns. 4) If emails must all be public, can we simply copy the City on all email chains, and you can post them on a website or print them for public review? I don't have any secrets to hide from the public -- I would just like to be able to contact my fellow committee members to discuss items to bring to meetings and even more importantly to plan next steps and offer each other ideas and feedback. 3B The issue of emails being available to the public as a public record is separate from the issue of open meetings. Posting emails on a website is not sufficient for open meeting purposes. The emails as described would appear to constitute a rolling quorum and meeting which would be a violation of the Section 14 of the City Charter and depending on the discussion, a violation of the OPMA. Analysis of any particular situation would be highly fact dependent including who was on the emails and what information was being provided/exchanged. 5) Can our advisory committee hold work sessions or retreats, where no decisions will be made, without requiring public notice and public comment? No, this would constitute a violation of Section 14 of the City Charter and potentially a violation of the OPMA. 6) Is there no way to hold an executive session when we are discussing sensitive issues, like who to appoint to join the committee? My legal opinion is that an executive session could not be held to discuss an applicant’s appointment to REAC. RCW 42.30.110(1)(g) allows an executive session to discuss applicants for public employment. While not yet addressed by case law, there is a compelling concurrence from Justice Madsen noting that volunteer positions on boards and commissions are not “public employment” for purposes of RCW 42.30.110(1)(g). See, Miller v. City of Tacoma, 138 Wash. 2d 318, 332, 979 P.2d 429 (1999)(Madsen, J. concurrence). 7) Do other city advisory committees exist? What are the closest analogues to REAC? Can we review the charters or enabling ordinances for those committees? Do they have budgets? Do they have staff support? Yes, there are a number of other advisory committees, boards, and commissions. It is difficult to provide an analogue because none of these advisory boards have three councilmembers on them. One analogous committee might be the Parks and Recreation Committee although as I indicated there are no other advisory committees with councilmembers on them. The Parks and Recreation Committee code is located at BMC 13.15. Many other committee ordinances are located throughout Chapter 2 of the BMC including the Arts Commission (BMC 2.32) and the Public Access Citizen’s Advisory Commission (BMC 2.40). I am unable to answer the remainder of the questions. 8) What staff support can we access? What are provisions that must be included (beyond those in the Open Meeting law). I am unable to answer the first part of the question. I am unclear what the second part of the question is in reference to. If this is referencing what must be in an ordinance, there would be appointment and membership requirements from the Charter that would need to be met. 9) Can we change membership to include those who live, work, and/or are involved socially or in faith groups located in the Bremerton city limits. The current limits on membership is three councilmembers and no more than seven City of Bremerton residents. This was established by the City Council. Any change to committee member eligibility would need to be done by the City Council. Best, Brett M. Jette Assistant City Attorney City of Bremerton 345 6th Street, Suite 100 Bremerton, Washington 98337 (360) 473-2336 Brett.Jette@ci.bremerton.wa.us ATTORNEY-CLIENT PRIVILEGED COMMUNICATION This e-mail message and its attachments may contain confidential attorney work product and be subject to the attorney-client communication privilege. It is intended solely for the use of the individual named above. If you are not the intended recipient, or the person responsible to deliver it to the intended recipient, you are hereby advised that any dissemination, distribution or copying of this communication is prohibited. If you have received this e-mail in error, please immediately notify the sender by reply e-mail and delete and/or destroy the original and all copies of the e-mail message. From: Brett Jette Sent: Thursday, July 21, 2022 8:32 AM To: Quinn Dennehy <Quinn.Dennehy@ci.bremerton.wa.us>; sarah.bremertonreac@gmail.com Cc: City Council <City.Council@ci.bremerton.wa.us>; Kylie Finnell <Kylie.Finnell@ci.bremerton.wa.us> Subject: RE: REAC related OPMA Questions Good morning Sarah and Quinn, I just wanted to update you that Legal is working on answers to these questions and will have a response prior to the next REAC meeting. Best, Brett M. Jette Assistant City Attorney City of Bremerton 345 6th Street, Suite 100 Bremerton, Washington 98337 (360) 473-2336 Brett.Jette@ci.bremerton.wa.us ATTORNEY-CLIENT PRIVILEGED COMMUNICATION This e-mail message and its attachments may contain confidential attorney work product and be subject to the attorney-client communication privilege. It is intended solely for the use of the individual named above. If you are not the intended recipient, or the person responsible to deliver it to the intended recipient, you are hereby advised that any dissemination, distribution or copying of this communication is prohibited. If you have received this e-mail in error, please immediately notify the sender by reply e-mail and delete and/or destroy the original and all copies of the e-mail message. From: City Council <City.Council@ci.bremerton.wa.us> Date: July 17, 2022 at 5:11:37 AM PDT To: Sarah van Gelder <sarah.bremertonreac@gmail.com> Cc: Quinn Dennehy <Quinn.Dennehy@ci.bremerton.wa.us>, Kylie Finnell <Kylie.Finnell@ci.bremerton.wa.us> Subject: RE: REAC related OPMA Questions Sarah, Thank you for providing these questions that were raised during the last REAC Meeting. I’m forwarding your email to the City Attorney for a response; and a copy will be shared with the Committee Chair… the rest of REAC will receive a blind copy. Lastly, I’ve confirmed this email contact is the one staff is currently using for you. Sincerely, Christine Grenier Legislative/Auditor Assistant Bremerton City Council (360) 473-5280 www.BremertonWA.gov From: Sarah van Gelder <sarah.bremertonreac@gmail.com> Sent: Saturday, July 16, 2022 5:28 PM To: City Council <City.Council@ci.bremerton.wa.us> Subject: Re: July 14 REAC Agenda CAUTION: This email originated from outside of the organization. Do not click link s or open attachments unless you recognize the sender and know the content is safe. Quinn asked us to address questions to him regarding the functioning of the committee, for responses by the city attorney. 1) I just reviewed the state RCW on open meeting laws, which reference a "governing board" of a public agency. I would like first off to be clear if we are a public agency or a governing board. In particular, our group has no tax payer budget (no budget at all), no decision making authority, the most we can do is to "advise," and that advice only has any weight if it is brought to a duly called City Council meeting. " Since we are neither a public agency nor a governing board, it would seem to me that this law does not apply. It does seem to be the case that we could only have a certain number of City Council members present during any discussion, since they do, in fact, have decision making powers. 2) If the Open meeting law does apply, is there a different section that applies to advisory groups? 3) If the Open Meeting law applies to us, what are the mechanisms by which we are to do our work. For example, if, during a duly called open meeting, the Advisory Group decides to participate with an information table at the Juneteenth celebration, and there are logistics to be undertaken to carry out that decision (dividing up shifts at the table, for example), does that need to be done with public notice? Can email threads to the entire group be used to carry out decisions made in pubic? 4) If emails must all be public, can we simply copy the City on all email chains, and you can post them on a website or print them for public review? I don't have any secrets to hide from the public -- I would just like to be able to contact my fellow committee members to discuss items to bring to meetings and even more importantly to plan next steps and offer each other ideas and feedback. 5) Can our advisory committee hold work sessions or retreats, where no decisions will be made, without requiring public notice and public comment? 6) Is there no way to hold an executive session when we are discussing sensitive issues, like who to appoint to join the committee? 7) Do other city advisory committees exist? What are the closest analogues to REAC? Can we review the charters or enabling ordinances for those committees? Do they have budgets? Do they have staff support? 8) What staff support can we access? What are provisions that must be included (beyond those in the Open Meeting law). 9) Can we change membership to include those who live, work, and/or are involved socially or in faith groups located in the Bremerton city limits> Thank you! Sarah van Gelder PS Can you use this email address when contacting me for REAC business, please. -- Sarah van Gelder, community member of Bremerton REAC Please use this email address for all correspondence regarding REAC. Thank you! Bremerton Race Equity Advisory Committee – Meeting Minutes Thursday, September 8th, 2022, 6:00 p.m. Learn more at https://www.bremertonwa.gov/1232/Race-Equity-Advisory-Committee-REAC Next REAC meeting: Thursday, October 13th, 2022, 6:00 p.m. SERVING THIS MEETING Tech Host: Quinn Dennehy Facilitator: Anna Mockler Land Acknowledgement: Glenna Matteson Timekeeper: Anna Mockler Notetaker: Jennifer Chamberlin OUR PURPOSE o To advise the City Council, by applying a race equity analysis to all aspects of governance; and o To maintain engagement with and accountability to other work being done throughout the Bremerton Community in service of Race Equity. OUR VISION Bremerton Race Equity Advisory Committee envisions a City that: o Strives to continually dismantle its own institutional racism, within policies, programs, budgets, initiatives, legislation, systems, and infrastructure. o Amplifies and joins racially, culturally, and socially integrated community endeavors toward equity, well-being, and liberation for all; and o Aspires to model for the nation a City in which people of different races, ethnicities, and backgrounds can interact, form friendships, and participate fully in the community’s political, economic, educational, cultural, and civic endeavors. REAC Members Attending: Darryl Riley, Glenna Matteson, Sarah van Gelder, Airen Lydick, Leiyomi Preciado Lagdameo, Quinn Dennehy, and Anna Mockler 1. Welcome & Introductions a. The meeting was called to order at 6:00 p.m. by Quinn Dennehy. b. Glenna Matteson read the Suquamish Tribe’s Land Acknowledgement Statement. c. Airen Lydick read the Purpose and Vision of Bremerton REAC. d. Bremerton REAC members introduced themselves. 2. Approval of Meeting Agenda & Meeting Minutes a. The Meeting Agenda was approved; and the July 13, 2022 Meeting Minutes were approved unanimously as amended. 3. REAC Purpose, Structure, and Attorney's Memo a. Assistant City Attorney Brett Jette was available to answer questions on the Legal memo and email on committee structure and the Open Public Meetings Act. Removing public comment/testimony from meetings could remove some of the concerns surrounding liability (potential violations, challenges or invalidating action). Example: smaller work groups of 3 members may meet/email to avoid a quorum; but to avoid a rolling quorum (discussion outside the work group), full discussion must be done during REAC Meetings. Darryl Riley left the meeting at approx. 6:25 PM Summary of Suggested Action (per Memo): Make recommendation to City Council to adopt an Ordinance which specifies the committee’s purpose, addresses terms and appointments for Community Members, and establishes staff support for the committee. Bremerton Race Equity Advisory Committee – Meeting Minutes Thursday, September 8th, 2022, 6:00 p.m. Learn more at https://www.bremertonwa.gov/1232/Race-Equity-Advisory-Committee-REAC Next REAC meeting: Thursday, October 13th, 2022, 6:00 p.m. ACTION ITEM: Council Members to incorporate the Legal Memo and feedback from today's discussion into a new draft ordinance for discussion at the next meeting. FOLLOW-UP QUESTIONS: • Can REAC invite Guest Speakers? Is this or is this not considered public comment? • What is impact of removing public comment from the meeting agenda? What is considered a quorum per our Charter (or suggested Ordinance)? • Are there any other sub-committees that have a different structure that allows community involvement and discussion? • What type of structure can be established to allow conversation among community members (outside REAC meetings), to allow the removal of barriers, and to meet REAC’s purpose and vision? • Can the committee review the ordinance collaboratively by email? Airen suggested that Bremerton REAC make the following recommendations to City Council, when the ordinance "establishing" Bremerton REAC is proposed to them. Bremerton REAC recommends that City Council adopt an ordinance codifying the following parameters of the Bremerton Race Equity Advisory Committee: (1) Purpose, (2) Member Selection and Removal Processes, (3) Term of Member Appointments, (4) Staff Support for Bremerton REAC, and (5) Meetings and Officers. Details of this recommendation from Bremerton REAC to City Council are as follows: (1) PURPOSE and that this "PURPOSE" should be articulated using specifically and fully all of the "PURPOSE" *and* "VISION" language developed by the Bremerton REAC itself in its first six months of existence. This "PURPOSE" *and* "VISION" language has grounded Bremerton REAC's work all along, and this language can be seen on the Bremerton REAC meeting agendas and minutes since *at least February 2021*, i.e., for *at least* a year and a half. This is the language: The PURPOSE of Bremerton Race Equity Advisory Committee (REAC) is: -- To advise the City Council, by applying a race equity analysis to all aspects of governance; and -- To maintain engagement with and accountability to other work being done throughout the Bremerton Community in service of Race Equity. Bremerton REAC envisions a City that: -- Strives to continually dismantle its own institutional racism, within policies, programs, budgets, initiatives, legislation, systems, and infrastructure. -- Amplifies and joins racially, culturally, and socially integrated community endeavors toward equity, well-being, and liberation for all; and -- Aspires to model for the nation a City in which people of different races, ethnicities, and backgrounds can interact, form friendships, and participate fully in the community’s political, economic, educational, cultural, and civic Bremerton Race Equity Advisory Committee – Meeting Minutes Thursday, September 8th, 2022, 6:00 p.m. Learn more at https://www.bremertonwa.gov/1232/Race-Equity-Advisory-Committee-REAC Next REAC meeting: Thursday, October 13th, 2022, 6:00 p.m. endeavors. . (2) MEMBER SELECTION AND REMOVAL PROCESSES that *either* -- Bremerton REAC itself shall determine the member selection and removal processes *or) -- that the City Council shall develop these collaboratively with Bremerton REAC, with the goal of bringing a meaningful race equity analysis to these processes. (3) TERM OF MEMBER APPOINTMENTS that Bremerton REAC appointments shall be for a term of two years (4) STAFF SUPPORT FOR BREMERTON REAC that City Council will identify paid staff support for Bremerton REAC, which includes a race equity analysis, including fair compensation for and acknowledgement of staff members' labor (5) MEETINGS AND OFFICERS That Bremerton REAC will meet at 6:00 p.m. on the second Thursday of each month. Any changes to this schedule, or additional meetings or retreats, will be approved and duly noticed by Bremerton REAC. Several comments were made emphasizing disappointment that these issues should have been addressed prior to the committee's formation; and needing additional time prior to the meeting to review the agenda and proposed ordinance. There was also discussion (without consensus) regarding the removal of public comment from agendas, if that would remove the constraints of quorum. And a suggestion of changing from advisory to accountability; and importance of addressing missed opportunities for community engagement through tables, promotion, or infographics. 4. Appointments a. Airen Lydick's term will expire on September 13. After discussion, his term was extended to October 13. b. Sarah Van Gelder's term will expire on September 13. After discussion, her term was extended to October 13. c. Leiyomi Preciado Lagdameo's term began on July 14, but the duration was not established. After discussion, her term will expire October 13. When the committee structure is established, then if community members want to continue their commitment, terms would be re-established. 5. Public Comments – There were no public comments… 6. Update on Bremerton City Council's Activities a. Action Item Follow-up: ▪ Bremerton REAC Vacancies – There have been no new applications. ▪ Other Business – Budget Workshops are scheduled on October 24, 25, and 27; and GARE Membership & DEI Consultant/Staff to be discussed. There will be opportunities for public comment during the Public Hearings on the 2023 City of Bremerton Budget. All Budget Workshops are open for the public to attend. Bremerton Race Equity Advisory Committee – Meeting Minutes Thursday, September 8th, 2022, 6:00 p.m. Learn more at https://www.bremertonwa.gov/1232/Race-Equity-Advisory-Committee-REAC Next REAC meeting: Thursday, October 13th, 2022, 6:00 p.m. 7. Old Business a. Update on GARE Log-in Credentials for Darryl, Glenna, Sarah, and Airen FOLLOW UP QUESTIONS: • Would IT or City Council Budget be used to address license issue for Outlook? • Has GARE Membership has been paid for? • Can an unused email address be used to access GARE portal? b. Update on next Joint Meeting with Bainbridge REAC – Meeting not rescheduled. c. Update on next Retreat – Postponed until after the committee structure is established. d. Other Business: Update on technical issues before last month’s cancelled meeting. 8. New Business a. Motion made by Jennifer to remove public comment from agendas. Motion died due to a lack of a second. b. Establish Roles for October 13th Meeting: i. Tech Host: Jennifer Chamberlin ii. Land Acknowledgement Reader: Quinn Dennehy iii. Timekeeper: Glenna Matteson iv. Notetaker: Council Staff v. Facilitator: Quinn Dennehy 9. Closing Remarks The meeting was adjourned at 8:00 PM.