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11/16/2022 CITY COUNCIL AGENDA PACKET
______________________________________________________________ CITY COUNCIL 345 6th Street, Suite 100, Bremerton, WA 98337 - Phone (360) 473-5280 WEDNESDAY, NOVEMBER 16, 2022 CITY COUNCIL HYBRID MEETING AGENDA Council Members and staff will be participating in the meeting in-person, and the public is invited to attend. Or beginning at 5:30 PM, the public may participate remotely through one of the following options: To stream online only (via BKAT Feed, with no interaction possible): https://bremerton.vod.castus.tv/vod/?live=ch1&nav=live Members of the public are invited to join the Zoom Meeting by clicking on the link below: https://us02web.zoom.us/j/89571454457?pwd=TVdNNFZ1cThsRjNNVEgzRGFPWWR0Zz09 Or One tap mobile: US: +12532158782,,89571454457#,,,,*173061# or +17193594580,,89571454457#,,,,*173061# Or Telephone: Dial (for higher quality, dial a number based on your current location): US: +1 253 215 8782 or +1 719 359 4580 or +1 346 248 7799 or +1 669 444 9171 Webinar ID: 895 7145 4457; Passcode: 173061 Public questions or comments may be submitted ahead of time to City.Council@ci.bremerton.wa.us 1. BRIEFING: 5:00 – 5:30 P.M. in COUNCIL CONFERENCE ROOM 603 A. Review of Agenda B. General Council Business (Only as necessary...) 2. CALL TO ORDER: 5:30 P.M. in FIRST FLOOR CHAMBERS 3. MAYOR'S REPORT 4. CONSENT AGENDA A. Claims & Check Register B. Minutes of Meeting – November 2, 2022 C. Minutes of Study Session – November 9, 2022 D. Professional Services Agreement with Parametrix, Inc. for Stormwater Management Planning Assistance E. Interlocal Agreement for Special Weapons and Tactics (SWAT) Team F. Community Project Funding Grant Agreement with US Housing & Urban Development (HUD) for the Quincy Square Project G. Confirm Appointment of Gregory Dawson to the Bremerton Parks & Recreation Commission H. 2023 Local & Community Projects Program Grant Agreement with the WA State Department of Commerce for the Kiwanis Park Playground Accessibility Upgrade Project I. Interlocal Agreement with the Kitsap County Prosecuting Attorney for Prosecution Services J. Reclass Vacant Prosecution “.5 Rule 9 Position” to a “.5 Clerical Support Position” K. Interlocal Cooperation Agreement with Kitsap County for Transfer of Rocky Point Water District Funds Continued on next page… Americans with Disabilities Act (ADA) accommodations provided upon request. Those requiring special accommodations please contact the City Clerk at (360) 473-5323 at least 24 hours prior to the meeting. 5. PUBLIC RECOGNITION 6. PUBLIC HEARING A. Final Public Hearing on Ordinance No. 5464 adopting the FY-2023 City of Bremerton Budget 7. GENERAL BUSINESS A. Fifth Addendum to the Operating Agreement with the Admiral Theatre Foundation for operation of the Admiral Theatre B. Resolution No. 3355 in support of changes to the Washington State Ferries Restoration Plan 8. COUNCIL MEMBER REPORTS 9. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING MAYOR’S REPORT November 2, 2022 Photo courtesy of Port of Bremerton 2023 Funding for Affordable Housing Efforts 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 ($200,000 of City's Federal grant funding, and $430,000 State grant secured by the City) Community Investments in Affordable Housing (CIAH) Program “1/10th Sales Tax for Affordable Housing” Program (RCW 82.14.530) •Legislature approved counties/cities able to impose an additional .01% sales tax •Board of Commissioners approved in January 2022; Kitsap sales tax collection began 4/1/22 •1/10th of 1% sales tax increase will only cost average resident $16/year and provide a steady stream of revenue in Kitsap County, about $5 million annually Allowable Uses: •Must benefit eligible low-income households and vulnerable population •Constructing or acquiring affordable housing or land for that purpose •Constructing or acquiring behavioral health-related facilities or land for that purpose •Funding operations/maintenance costs of new units of affordable housing and facilities where housing-related programs are provided, or newly constructed evaluation and treatment centers Opioid Settlement Funding •A local government can spend settlement money itself or regionally •Settlement funds must be spent on an Approved Use for fighting the opioid epidemic, per court order •3-page list of 9 priority categories with 25 subcategories, ranging from Naloxone/other FDA-approved drugs to reverse opioid overdoses to prevention programs •12-page list of overall opioid abatement strategies •There are reporting requirements •Attorney General’s Office has been contacted to inquire about “pooling” local and state funds In Memory Patrick Haggerty Bremerton resident and trailblazing gay country music artist AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: N/A Claims & Check Register COUNCIL MEETING Date: November 16, 2022 Department: Legal Services Presenter: Angela Hoover Phone: (360) 473-5323 SUMMARY: Approval of the following checks and electronic fund transfers: 1. Check Numbers 400545-400719 and Electronic Fund Transfers V36260-V36367 in the grand total amount of $2,996,225.25 2. Regular Payroll for pay period ending October 31, 2022 in the amount of $1,053,124.04 3. Regular Payroll for a voided and reissued payment for pay period ending October 31, 2022 in the amount of $2,575.04 4. Regular Payroll payouts for pay period ending October 31, 2022 in the amount of $4,949.32 ATTACHMENTS: FISCAL IMPACTS (Include Budgeted Amount): STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the consent agenda as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 4A AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Minutes of Meeting – November 2, 2022 Study Session Date: N/A COUNCIL MEETING Date: November 16, 2022 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: The Minutes of Meeting held on November 2, 2022 are attached. ATTACHMENTS: Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: ☒ N/A STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the November 2, 2022 Meeting Minutes as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/3/17 4B 2 DIGITAL RECORDING CITY COUNCIL HYBRID MEETING MINUTES Wednesday, November 2, 2022 The weekly meeting of the City Council of the City of Bremerton was called to order Wednesday, November 2, 2022, at 5:00 PM in Council Conference Room 603 of the NORM DICKS GOVERNMENT CENTER, 345 6th Street, Bremerton, Washington, with Council President Michael Goodnow presiding. Council Members present were Eric Younger, Anna Mockler, Denise Frey, and Jennifer Chamberlin. At 5:30 PM, the meeting moved to the First Floor Meeting Chambers, when Council Members Jeff Coughlin and Quinn Dennehy joined the meeting remotely via Zoom. Also present were City Attorney Kylie Finnell; City Clerk Angela Hoover; Legislative Office Manager Lori Smith; Financial Services Director Mike Riley; and IT Systems Engineer Hans Nilsson. President Goodnow announced the City Council is conducting the Council Meeting in-person with an option for the public to join in person, participate via Zoom, or view on BKAT, because we encourage community involvement. MAYOR’S REPORT – Mayor Wheeler… Provided an update on 2023 Funding for Affordable Housing Efforts Uses for Opioid funding; and Expressed condolences at the passing of local Country musician Pat Haggerty. CONSENT AGENDA 4A – Claims & Check Register: Check Numbers 400305 through 400544 and Electronic Fund Transfers V36178 through V36259 in the grand total amount of $2,871,364.33; Regular Payroll for pay period ending October 15, 2022 in the amount of $981,993.85; and Retiree Payroll for pay period ending October 31, 2022 in the amount of $45,691.85 4B – Minutes of Meeting – October 19, 2022 4C – Minutes of Budget Workshop – October 24, 2022 4D – Minutes of Budget Workshop – October 25, 2022 4E – Minutes of Study Session – October 26, 2022 4F – Minutes of Budget Workshop – October 27, 2022 4G – Local Agency Professional Services Cost Plus Fixed Fee Consultant Agreement with DKS Associates, Inc. for Design of the Pedestrian Crossing Safety Project 4H – Local Programs State Funding Agreement with the WA State Department of Transportation for the View Ridge Elementary to Almira Drive Safe Routes to School Project 4I – Agreement with Prospect Construction, Inc. for the Pump Station 14 Relocation Project 4J – Three Year Generator Service and Maintenance Agreement with Cummins, Inc. 4K – Ordinance No. 5460 amending and re-establishing City Rates & Fees for 2023 4L – Ordinance No. 5461 amending and re-establishing Utility Assessments, Rates, Fees & Charges for 2023 4M – Ordinance No. 5462 levying Property Taxes for Collection in 2023 Questions and comments from the public were provided by Roy Runyon; with responses provided by President Goodnow, Police Chief Tom Wolfe, and Public Works Director Tom Knuckey… 5:50 PM M/S/C/U (Younger/Chamberlin) Move to approve the CONSENT AGENDA as presented. City Council Reg. Mtg. Minutes Wednesday, November 2, 2022 Page 2 of 6 PUBLIC RECOGNITION – Questions and comments from the public were submitted by Mike Simpson; Dan Herron; Roy Runyon; Christi Lyson; Jane Rebelowski; and Jo Walter… With responses provided by President Goodnow and Mayor Wheeler… PUBLIC HEARINGS 6A – PUBLIC HEARING ON REVENUE SOURCES FOR THE PROPOSED 2023 CITY OF BREMERTON BUDGET: Budget Analyst Karen Wikle referred to a Power Point presentation to establish the purpose of tonight’s public hearing is to take comments on the revenue sources for the 2023 Proposed Budget. The proposed budget anticipates property and EMS levy increases of the full 1% allowed by law and leaves utility tax rates unchanged. The proposed budget also adjusts for the increase to the B&O tax exemption rate to $1,020,000 and includes interfund transfers between funds where appropriate. Overall, the revenue projections throughout all funds remain conservative. President Goodnow explained the purpose of this Public Hearing is to accept public comment and no action will be taken by the Council Members on this item… Comments from the public were received by Mike Simpson; Jane Rebelowski; Jim McDonald; Roy Runyon; Marwan Cameron; Christi Lyson; Jo Walter; and Ki’aha Long… With no further questions or comments by the public, President Goodnow closed the hearing to the public… 6B – PUBLIC HEARING (1ST OF 2) ON THE PROPOSED FY-2023 CITY OF BREMERTON BUDGET: Budget Analyst Karen Wikle also stated that Tonight’s public hearing is to take comments on the 2023 Proposed Budget. Budget workshops were held on October 24, October 25, and October 27 where an overview of the Mayor’s proposed budget was presented to Council. Public comments will be taken into consideration before Council adopts a final ordinance. President Goodnow explained the purpose of this Public Hearing is to accept public comment and no action will be taken by the Council Members until the 2nd Public Hearing on November 16… Questions and comments from the public were received by Marwan Cameron; Jo Walter; Dan Herron; Roy Runyon; Christi Lyson; and Mike Simpson. … With responses provided by Mayor Wheeler, Mr. Knuckey, and President Goodnow… With no further questions or comments by the public, President Goodnow closed the hearing to the public… 6C – PUBLIC HEARING ON RESOLUTION NO. 3353 APPROVING THE 2023 COMMUNITY DEVELOPMENT BLOCK GRANT/HOME FUNDING RECOMMENDATIONS FOR INCLUSION IN THE 2023 CDBG/HOME ACTION PLAN: CDBG Program Administrators Sarah Lynam summarized that on July 6, 2022 City Council approved the 2023 CDBG/HOME Policy Plan outlining the CDBG and HOME funding allocation process. Based on that policy, the Project Review Committee (PRC) has developed the 2023 funding recommendations for Council consideration and approval. If approved, these submissions will be sent to the Department of Housing and Urban Development (HUD) in the City’s Annual Action Plan. The following projects are recommended for CDBG funding: YWCA of Kitsap County administrative building improvements, City of Bremerton Public Works Department Pedestrian Priority Network improvements, Kitsap Community Resources Weatherization and Minor Home Repair, Kitsap Community Resources BE$T program. The following project is recommended for HOME funding: Community Frameworks Bremerton Homeownership. City Council Reg. Mtg. Minutes Wednesday, November 2, 2022 Page 3 of 6 President Goodnow explained the purpose of this Public Hearing is to accept public comment… Questions and comments from the public were received by Jo Walter and Roy Runyon; with responses provided by Mayor Wheeler… With no further questions or comments by the public, President Goodnow closed the hearing to the public… 7:12 PM Motion was made by Coughlin; and Seconded by Chamberlin… Comments were received by Coughlin and Chamberlin… 7:14 PM M/S/C/U (Coughlin/Chamberlin) Move to pass Resolution No. 3353 approving the 2023 funding recommendations to be included in the 2023 Action Plan to HUD; and authorize the Mayor to finalize and execute the agency grant agreements with substantially the same terms and conditions as presented. 6D – PUBLIC HEARING ON RESOLUTION NO. 3354 ESTABLISHING THE COMPREHENSIVE PLAN UPDATE WORK SCHEDULE & PUBLIC PARTICIPATION PLAN FOR THE 2024 COMPREHENSIVE PLAN UPDATE; AND SUSPENDING COMPREHENSIVE PLAN AMENDMENT APPLICATIONS IN 2023: Planning Manager Garrett Jackson explained that the action before Council is to conduct a Public Hearing and adopt a resolution to set the Comprehensive Plan Update Work Program and Public Participation Plan, and suspend applications in 2023. This Resolution provides a work program and schedule to review potential amendments to the City of Bremerton Comprehensive Plan with early and continuous public participation. In addition, the resolution limits the time frame to accept Comprehensive Plan Amendment Applications from the public to allow Staff adequate time to review and analyze prior to the Comprehensive Plan Update adoption in December 2024. The Planning Commission held a public hearing September 19, 2022 and has unanimously recommended that Council approve the proposed resolution. This City has established a website (Bremerton2044.com) that will be continuously updated as we progress through the update process. President Goodnow explained the purpose of this Public Hearing is to accept public comment and action is anticipated… Questions and comments from the public were received by Roy Runyon; with responses provided by Mr. Jackson… With no further questions or comments by the public, President Goodnow closed the hearing to the public… 7:26 PM Motion was made by Chamberlin; and Seconded by Mockler… Questions and comments were received by Chamberlin, Frey, Coughlin, and Mockler; with responses provided by Mr. Jackson… 7:31 PM M/S/C/U (Chamberlin/Mockler) Move to pass Resolution No. 3354 establishing the Comprehensive Plan Update Work Program, Public Participation Plan, and suspending Comprehensive Plan amendment applications in 2023. President Goodnow called a break from 7:31 to 7:38 PM… 6E – PUBLIC HEARING ON ORDINANCE NO. 5463 AMENDING CHAPTER 3.78 OF THE BREMERTON MUNICIPAL CODE ENTITLED “MULTIFAMILY PROPERTY TAX EXEMPTION” (MFTE): Planning Manager Garrett Jackson then explained that on May 3, 2021, the State Legislature passed E2SSB 5287 amending RCW Chapter 84.14 related to multifamily tax City Council Reg. Mtg. Minutes Wednesday, November 2, 2022 Page 4 of 6 exemptions. In accordance with changes in State law, and at the Direction of the City Council, the proposed Ordinance makes the following changes to the Multifamily Tax Exemption BMC section 3.78: Add new option for 12-year MFTE extension when providing 20% affordable housing Add new options for longer 20-year tax exemption pursuant to State law Ensuring that there are affordable units across all unit sizes in a project Add provisions for tenant relocation assistance President Goodnow explained the purpose of this Public Hearing is to accept public comment and action is anticipated… Questions and comments from the public were received by Roy Runyon, Jane Rebelowski, and Mike Simpson; with responses provided by President Goodnow and Mr. Jackson… With no further questions or comments by the public, President Goodnow closed the hearing to the public… 7:53 PM Motion was made by Mockler; and Seconded by Younger… Questions and comments were received by Mockler, Coughlin, Dennehy, Chamberlin, Frey, Younger, and Dennehy. 8:08 PM M/S/C/U (Mockler/Younger) Move to pass Ordinance No. 5463 amending Chapter 3.78 BMC by adopting revisions to the Multifamily Property Tax Exemption, as described in the ordinance. Due to the Appearance of Fairness Doctrine, City Attorney Kylie Finnell suggested that Council President Goodnow and Council Member Coughlin recuse themselves from Item 7A…. President Goodnow passed the gavel to Vice President Chamberlin to chair the meeting during this item… GENERAL BUSINESS 7A – ACCEPTANCE OF THE LODGING TAX ADVISORY COMMITTEE’S 2023 FUNDING RECOMMENDATIONS: Council Member & Lodging Tax Advisory Committee Chair Denise Frey summarized that the Lodging Tax Advisory Committee (LTAC) received thirteen (13) requests totaling $456,460. Also received was a request by the Admiral Theatre for a renewal of the City’s commitment of $60,000 for tourism promotion. Direction provided by City Council f or funding requests included support of long-time community events, kick-starting new events, tourism-based organizations and venues still impacted by the pandemic, and municipal projects. Also, criteria provided by the City Council when evaluating the requests included economic impact, events or activities to draw tourists from 50 miles or more away, and applicants that demonstrate collaboration with other community organizations. Following the application process, interviews were then held on October 7 and 14, followed by deliberations on October 21. The LTAC is now presenting for the Council’s consideration Funding Recommendations that include all 14 of the applicants with a total proposed allocation of $220,000 (Exhibit A). The funding also includes the continued commitment to the Kitsap Conference Center for $250,000 and the Admiral Theatre for $150,000, for a grand total of $620,000 for Fiscal Year 2023. Questions and comments from the public were received by Brian Johnson, Jane Rebelowski, Mike Simpson, Roy Runyon, John Hanson, Jim McDonald, Nate Murphy, Gary Richardson, and Ki’aha Long; with responses provided by Ms. Frey… City Council Reg. Mtg. Minutes Wednesday, November 2, 2022 Page 5 of 6 8:35 PM Amended Motion was made by Younger, and Seconded by Mockler… Comments were made by Younger and Frey… 8:45 PM M/S/C/U (Younger/Mockler) Move to amend the proposed Lodging Tax Advisory Committee’s 2023 Funding Award to the Admiral Theatre, and return the amended proposal to the Lodging Tax Advisory Committee for review and comment. Voted in Favor of Motion: Mockler, Younger, Chamberlin, Frey, and Dennehy Abstentions: Coughlin and Goodnow Motion carried; 5-Yes; 2-Abstentions Following action under Item 7A, President Goodnow and Council Member Coughlin returned to the meeting… President Goodnow received the gavel and chaired the remainder of the meeting… COUNCIL MEMBER REPORTS Jennifer Chamberlin commented on the effort by the Council to reach a consensus on the Pledge of Allegiance; expressed condolences at the passing of her friend Pat Haggerty; and reported that at the REAC Special Meeting, it was determined that there was not support for the DEI (Diversity, Equity, and Inclusion Officer) position as it is currently being proposed. Denise Frey was pleased with the engagement by the public in the Public Hearings tonight; referenced the Kitsap Sun article on the Safe Routes to School Project, and thanked Public Works and Mayor Wheeler for their efforts. Jeff Coughlin appreciated the option to participate in the meeting tonight by Zoom; and asked to see the job description for the DEI position. Quinn Dennehy expressed the importance for the City to have a position that will hold the Departments accountable related to race and equity issues. Anna Mockler discussed her concerns with a lack of street markings; mentioned the Kitsap Humane Society being stretched too thin and unable to deal appropriately with unleashed dogs; and agreed with earlier citizen comments that she too didn’t understand why there were not more windows at the Kitsap Conference Center, especially being located on the waterfront. Eric Younger agreed with several citizen comments that the Budget process should be amended next year to allow public comment earlier in the process. President Goodnow elaborated on a few ways to open the Budget Workshops to include the public earlier in the process; and announced that Council Members will be meeting in-person for the next Study Session on Wednesday, November 9 beginning at 5:00 PM in the First Floor Meeting Chambers of the Norm Dicks Government Center. At 9:06 PM, President Goodnow announced that Council will be meeting for 20-Minutes in Executive Session to discuss “Risk of Current or Proposed Action” as allowed under RCW 42.30.110 (1)(i); and that no action was anticipated. The Executive Session was extended by 15- Minutes, 10-Minutes, 5-Minutes, and 5-Minutes… At 10:00 PM, President Goodnow reconvened the meeting… With no further business, President Goodnow adjourned the Council Meeting at 10:01 PM. City Council Reg. Mtg. Minutes Wednesday, November 2, 2022 Page 6 of 6 Prepared and Submitted by: ______________________________ LORI SMITH Legislative Office Manager APPROVED by the City Council on the November 16th day of November, 2022. ________________________________________ MICHAEL GOODNOW , City Council President Attest: ________________________________________ ANGELA HOOVER, City Clerk MG:AH:ls:cg AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Minutes of Study Session – November 9, 2022 Study Session Date: N/A COUNCIL MEETING Date: November 16, 2022 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: The Minutes of Study Session held on November 9, 2022 are attached. ATTACHMENTS: Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: ☒ N/A STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the November 9, 2022 Meeting Minutes as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/3/17 4C 2 CITY COUNCIL STUDY SESSION MINUTES Wednesday, November 9, 2022 A Study Session of the City Council of the City of Bremerton was called to order on Wednesday, November 9, 2022 at 5:00 PM in the First Floor Meeting Chambers of the Norm Dicks Government Center at 345 6th Street, with Council President Michael Goodnow presiding. Other Council Members present were Eric Younger, Anna Mockler, Quinn Dennehy, Jeff Coughlin, Denise Frey, and Jennifer Chamberlin. Also present were City Attorney Kylie Finnell, Legislative Office Manager Lori Smith, and Financial Services Director Mike Riley. President Goodnow established that the City Council is conducting the Study Session in-person; and that following the meeting, a recording will be available on the City’s website. He further established that the Study Session is open for the public to attend, but there will be no opportunities for input; the content of these items is subject to change; and no action is anticipated… If approved by the Council, these items will be placed on the November 16, 2022 City Council Meeting Agenda… A. BRIEFINGS on AGENDA BILL ITEMS 1. Professional Services Agreement with Parametrix, Inc. for Stormwater Management Planning Assistance Consent Agenda 2. Interlocal Agreement for Special Weapons and Tactics (SWAT) Team Consent Agenda 3. Community Project Funding Grant Agreement with US Housing & Urban Development (HUD) for the Quincy Square Project Consent Agenda 4. Confirm Appointment of Gregory Dawson to the Bremerton Parks & Recreation Commission Consent Agenda 5. 2023 Local & Community Projects Program Grant Agreement with the WA State Department of Commerce for the Kiwanis Park Playground Accessibility Upgrade Project Consent Agenda At 5:25 PM due to the Appearance of Fairness Doctrine, President Goodnow and Council Member Coughlin recused themselves from discussion on Item A6. President Goodnow passed the gavel to Vice President Chamberlin to chair the meeting during this item… 6. Review Operating Agreement with Admiral Theatre Foundation and provide direction for Lodging Tax Advisory Committee related to the Admiral Theatre General Business Vice President Chamberlin called a break from 6:24 to 6:30 PM… President Goodnow and Council Member Coughlin returned. President Goodnow received the gavel and chaired the remainder of the meeting… 7. Interlocal Agreement with the Kitsap County Prosecuting Attorney for Prosecution Services Consent Agenda 8. Reclass Vacant Prosecution “.5 Rule 9 Position” to a “.5 Clerical Support Position” Consent Agenda City Council Study Session Minutes Wednesday, November 9, 2022 Page 2 of 2 9. Proposed Public Hearing on Ordinance to approve and adopt the City of Bremerton Budget for FY-2023 10. Race Equity Advisory Committee – Council Committee or Community Member Advisory Committee? REAC Meeting is scheduled for November 10 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 Resolution in support of Bremerton Ferries proposed by Council Member Jeff Coughlin General Business o Other General Council Business was briefly discussed President Goodnow provided a reminder the next Council Meeting would be on Wednesday, November 16, 2022, beginning at 5:30 PM also in the First Floor Meeting Chambers with an option to participate remotely. With no further business, the Study Session was adjourned at 8:53 PM. Prepared and Submitted by: ______________________________ Legislative Office Manager APPROVED by the City Council on the 16th day of November, 2022. MICHAEL GOODNOW , Council President ATTEST: ______________________________ ANGELA HOOVER, City Clerk MG:AH:ls:cg 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 4D 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 4E 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 4F 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 4G 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 4H 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 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 4I 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 4J AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: N/A Interlocal Cooperation Agreement with Kitsap County for Transfer of Rocky Point Water District Funds COUNCIL MEETING Date: November 16, 2022 Department: Finance Presenter: Mike Riley Phone: (360) 473-5303 SUMMARY: The Rocky Point Water District No. 12 (“the District”) was dissolved by Kitsap County Ordinance No. 593 (2021) on March 22, 2021 and the City now provides water service to the former District’s service area. This Agreement allows Kitsap County to transfer any remaining proceeds received from the former District ratepayers to the City to defray the cost of planned capital improvements for the former District’s service area. ATTACHMENTS: Interlocal Cooperation Agreement 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 Cooperation Agreement between Kitsap County and the City of Bremerton; 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 4K AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: November 9, 2022 Final Public Hearing on Ordinance No. 5464 adopting the FY-2023 City of Bremerton Budget 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. 5464; 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. 5464 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 6A 1 2023 Annual Budget ORDINANCE NO. 5464 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: Raelenea Rodriguez <harmonyexile@gmail.com> Sent: Wednesday, November 16, 2022 11:45 AM To: City Council <City.Council@ci.bremerton.wa.us> Subject: 2023 Budget, save the homeless Please read at public comment section of tonight's meeting: While I sincerely appreciate the Mayor's attention to my repeated emails, we just need real and tangible solutions, like bathrooms, shelter for medically fragile persons, and drug/alcohol treatment as well as mental health programs. Immediately please build or utilize empty buildings for these purposes!!!! Immediately do what is right. Building a prettier version of Bremerton will attract home ownership and retailers, but the real ugliness of leaving our vulnerable citizens out on the streets negates all of that. Raelenea Copus Citizen Advocate Published for November 16 Council Meeting Public Comments Proposed City of Bremerton FY2023 Budget To Mayor Greg Wheeler and the Bremerton City Council, The Bremerton Race Action Committee held a vote of members present at the November 1st meeting, regarding the Diversity, Equity and Inclusion position for the city of Bremerton. Our unanimous vote was to oppose the position as currently proposed. To be clear, we were united in recognizing the need for such a position here in Bremerton. However, the process you used to develop this position was profoundly flawed, and we have not seen evidence that the groundwork has been done to allow this position to succeed. When a position of this sort is created without the right foundation, you are setting up a future DEI advocate for failure. As you know, REAC was created to offer our advice and counsel for exactly this sort of position, and to connect you to members of the community who could further improve chances of success. None of us have been consulted, nor have the community leaders we checked with. The lack of transparency, community involvement, and clear goals would mean that this person would have little chance of addressing the issues that are so overdue for attention in the city of Bremerton. Moreover, there is no mention of how many people would staff this DEI office, nor the resources they would have at their disposal. At our Nov. 1, 2022, meeting, members of REAC discussed the following issues: 1. To succeed, it is critical to create buy-in from the local community. 2. Research could show where your efforts should be focused when it comes to DEI. REAC has conducted some of this research. Our one-on-one interviews with community leaders, followed by a well-attended public forum, could be useful context for envisioning this position. Yet you have not consulted REAC or requested a report on our conclusions. 3. Multiple community forums with local leaders, community groups, and relevant organizations (schools, colleges, etc.) could help to build the data points and the public buy-in to increase the likelihood of success of a DEI effort. 4. Likewise, a needs analysis could help the city become more proactive in approaching DEI issues. This analysis would identify where pro-active equity initiatives are most needed. 5. Finally, we didn’t come away from the discussion with confidence that you had a clear definition of the DEI position, nor a well-conceived pathway to success. Trust that we know how vital this position is to the city. However, we believe it is counter-productive to establish a position without the appropriate consultation and groundwork. We are open to meeting and discussing with you further. Respectfully, The Bremerton Racial Equity Advisory Committee From: Thomas Knuckey <Thomas.Knuckey@ci.bremerton.wa.us> Sent: Monday, November 14, 2022 3:12 PM To: Anna Mockler <Anna.Mockler@ci.bremerton.wa.us> Subject: RE: Response to Street Sweeping and Street Markings - 2023 Budget Requests - Wholistic Approach to Downtown I agree we are behind on refreshing paint striping and thermoplastic (or MMA) for our crosswalks and stop bars; however, the reason is not due to inadequate budget. Our goal is to refresh our paint striping generally every-other year, and to refresh our thermoplastic or MMA for stop bars and crosswalks generally every 5-years. The frequency for the work is somewhat site specific, but in general that is the standard we work to. In the past couple years, we have not met that goal due to impacts from a number of other factors including; •We’ve had engineering staffing issues which have been exacerbated by heavy capital workload, and as a result engineering’s ability to support contract development has been diminished. This has been an on-going issue which will largely be addressed with the new Transportation Capital Program Managing Engineer that is included in the 2023 budget, •Kitsap County’s termination of the agreement to perform striping for the City has made the work both more costly and also more labor intensive to deliver. Adequate funds have been requested in the 2023 budget to deliver the work, and a multi-year contract has been executed to complete the work more efficiently. •We have additionally experienced a number of contracting and supply chain issues related to the pandemic that have also impacted delivery of the work. As previously mentioned, we have Stripe Rite under contract for the next 3-years to complete our long line striping hot applied work; however, since the work is weather dependent it is being delayed. That said, they were able to work 3 days last week and are working today, and so they are making progress on the 2022 work scope. I believe we have a good plan to deliver the paint striping and thermoplastic/MMA work in 2023, with adequate staffing assigned, and adequate funds requested in the 2023 budget. 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: Jeff Coughlin <Jeff.Coughlin@ci.bremerton.wa.us> Sent: Sunday, November 13, 2022 8:04 PM To: Thomas Knuckey <Thomas.Knuckey@ci.bremerton.wa.us> Subject: Re: Street Sweeping and Street Markings - 2023 Budget Requests - Wholistic Approach to Downtown Director Knuckey --- Thank you so much for this comprehensive response to Mr. Martin's concerns. Director Knuckey and Finance Director Riley --- As we discussed during the Oct. 25 Budget Workshop, I still think, if possible, it would be helpful to show the amount of funding spent on these several types of maintenance projects (striping, painting, marking, sweeping, etc.) by the city over the past few years and what is in the proposed 2023 budget. Chal --- Thank you for speaking up again on these concerns on behalf of Harborside residents. In addition to the previous discussions and e-mails, I brought these issues up again at the Nov. 9 Council Study Session during budget discussions. My takeaway is that I've heard from Public Works that they have the budget they need and contracts in place to perform the pavement and crosswalk striping/painting/marking work you have mentioned in 2023. As we progress through the year, if this is not looking to be the case, I will ensure Council examines allocating more funds during the regular mid-year budget adjustment. I fully support the request for RRFBs along Washington at 4th and 5th and have previously relayed the concerns regarding pedestrian safety at these crossings to Public Works. I have lauded Public Works' RRFB implementation at other locations around Downtown, and believe with both the current pedestrian and vehicle traffic along Washington, and the increase expected with the completion of Marina Square, these crossings should be given increased priority. I do appreciate though that Public Works has to look across the whole city and perform a comprehensive safety analysis and prioritize based on the data. If RRFBs aren't possible in 2023 at these locations, I'm hopeful Public Works can suggest other lower-cost alternatives such as additional signage that can be implemented in the meantime. I fully appreciate the general comments on Downtown appearance. I am really excited for the Downtown lighting upgrades and Wayfinding signage project that Public Works are implementing. Please keep reporting appearance issues and possible cod e violations via Bremerton1 (http://bremerton1.bremertonwa.gov) so that the administration can be aware of issues and direct resources to Downtown. I was very supportive of Public Works' request for another full-time position to help tackle these issues as Director Knuckey described, and it's in the current draft of the budget up for public comment and Council vote this coming Wed the 16th. I also brought up funds for public beautification during budget discussions, and via discussion Council had a head-nod consensus for Finance and Legal to draft legislation that would ensure the Arts Commission has a budget of at least $10k / year going forward that we could enact before the end of this year. I'm hopeful this will enable more public art projects and community participation that keep our city vibrant and inviting for residents and visitors. Hit me up if there's another good monthly Condo Coffee coming up soon to see folks in -person. 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: Anna Mockler <Anna.Mockler@ci.bremerton.wa.us> Sent: Tuesday, November 8, 2022 6:42 PM To: City Council <City.Council@ci.bremerton.wa.us>; Jeff Coughlin <Jeff.Coughlin@ci.bremerton.wa.us>; Greg Wheeler <Greg.Wheeler@ci.bremerton.wa.us> Subject: Re: Response to Street Sweeping and Street Markings - 2023 Budget Requests - Wholistic Approach to Downtown Good evening, Director Knuckey, You write that, for long line pavement striping/painting, and for pavement markings/MMA for crosswalks, "no additional budget is necessary". Asking for clarification: not necessary to whom? not necessary for what? During last night's heavy rain, six people at a public event spontaneously commented on the difficulty of driving in those conditions where lane edges and intersection markings were faint or absent. You said that your traffic engineers inform you that such pavement markings have no effect on pedestrian safety. I hadn't planned to renew my argument for increasing that maintenance, as evidence convinces me, no matter how far it runs counter to my intuition. However, Mr Chal Martin, the former head of Bremerton Public Works, certainly thinks that pavement markings are valuable for both motorized and non-motorized traffic. This is new evidence. Perhaps instead of striping for three weeks a year, as you said during Budget workshop, we could stripe for six or nine weeks, or even stripe one-half of all applicable streets every year. That would seem to make the purchase of a striping machine viable. MMA markings for crosswalks and stop signs would, I assume, be less expensive per intersection when done in higher volume. I am cc'ing Ned Lever on this, as your automatic reply says you're out of the office until 11/14. Thank you for considering these points, and stay dry, Anna Anna Mockler Bremerton City Councilor, District Six From: Thomas Knuckey <Thomas.Knuckey@ci.bremerton.wa.us> Sent: Friday, November 4, 2022 8:10 AM To: Jeff Coughlin <Jeff.Coughlin@ci.bremerton.wa.us>; City Council <City.Council@ci.bremerton.wa.us>; Greg Wheeler <Greg.Wheeler@ci.bremerton.wa.us> Subject: RE: 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: 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: Chal Martin <chal.arnold.martin@gmail.com> Sent: Sunday, October 23, 2022 9:36 PM To: Jeff Coughlin <Jeff.Coughlin@ci.bremerton.wa.us>; City Council <City.Council@ci.bremerton.wa.us> Cc: 'william price' <williamprice68@gmail.com>; Linda Douglas <hondodog@comcast.net>; 'Barbara Westfall' <barbiew303@gmail.com>; 'Inga Carmack' <ingalarry@usa.net>; 'Gary Reiter' <greiter44@gmail.com>; 'Kathy Bill Mark D105' <rufyannemv@yahoo.com>; 'JON CASTLE' <tolly40@aol.com>; lsargent.harborboard@gmail.com; 'Jim McDonald' <jimmc90@gmail.com>; 'Kevin' <kevingillespy@gmail.com>; clcb3@yahoo.com; 3bdesigns@gmail.com; rob@holtmg.com; 'Robin Luethe' <r.l.luethe@gmail.com>; 'Robert Grimm' <grnpahusky@hotmail.com>; 'Debbie Galbraith' <dcgalbraith@comcast.net>; 'Donna Kirk' <donnakirkrd@aol.com>; 'Ray Klein' <rayk88@gmail.com>; 'Eric Dremel' <edremel@mac.com>; 'Connie Bartolome' <connierbartolome@gmail.com>; 'Pam Morton' <pam35morton@gmail.com>; soozgil@msn.com; 'Bob Curtis' <bobcurt@hotmail.com>; 'Melinda Curtis' <melinda.curtis@passagewest.com>; 'Renee Oswald' <jroswald@hotmail.com>; 'gkgartin' <gkgartin@prodigy.net>; karmantrull@gmail.com; 'nfv777' <nfv777@protonmail.com>; clcb3@yahoo.com; sgordon.4@netzero.com; mplman@aol.com; 'nfv777' <nfv777@protonmail.com>; 'Suzanne PLEMMONS' <suzannemplemmons@comcast.net>; 'Susan Spencer' <susanes@comcast.net>; 'jennymartin48' <jennymartin48@sbcglobal.net>; cap-7@comcast.net; robby.frondozo@gmail.com; 'Van-John' <vanjohnsf@comcast.net>; 'Monica James' <msjames919@gmail.com>; 'MARGARET WETTER' <margaretwetter@comcast.net>; 'Shelley Wetter' <shelleywetter@comcast.net>; 'Rich Chwaszczewski' <chwaszczewski@outlook.com>; 'Rick Hart' <rickhart777@yahoo.com>; 'Tim Cook' <timlcook@hotmail.com> Subject: RE: Street Sweeping and Street Markings - Please Help! 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 <chal.arnold.martin@gmail.com> Sent: Monday, September 19, 2022 2:29 PM To: 'Jeff Coughlin' <Jeff.Coughlin@ci.bremerton.wa.us> Cc: 'william price' <williamprice68@gmail.com>; Linda Douglas <hondodog@comcast.net>; 'Barbara Westfall' <barbiew303@gmail.com>; 'Inga Carmack' <ingalarry@usa.net>; 'Gary Reiter' <greiter44@gmail.com>; 'Kathy Bill Mark D105' <rufyannemv@yahoo.com>; 'JON CASTLE' <tolly40@aol.com>; 'lsargent.harborboard@gmail.com' <lsargent.harborboard@gmail.com>; 'Jim McDonald' <jimmc90@gmail.com>; 'Kevin' <kevingillespy@gmail.com>; 'clcb3@yahoo.com' <clcb3@yahoo.com>; '3bdesigns@gmail.com' <3bdesigns@gmail.com>; 'rob@holtmg.com' <rob@holtmg.com>; 'Robin Luethe' <r.l.luethe@gmail.com>; 'Robert Grimm' <grnpahusky@hotmail.com>; 'Debbie Galbraith' <dcgalbraith@comcast.net>; 'Donna Kirk' <donnakirkrd@aol.com>; 'Ray Klein' <rayk88@gmail.com>; 'Eric Dremel' <edremel@mac.com>; 'Connie Bartolome' <connierbartolome@gmail.com>; 'Pam Morton' <pam35morton@gmail.com>; 'soozgil@msn.com' <soozgil@msn.com>; 'Bob Curtis' <bobcurt@hotmail.com>; 'Melinda Curtis' <melinda.curtis@passagewest.com>; 'Renee Oswald' <jroswald@hotmail.com>; 'gkgartin' <gkgartin@prodigy.net>; 'karmantrull@gmail.com' <karmantrull@gmail.com>; 'nfv777' <nfv777@protonmail.com>; 'clcb3@yahoo.com' <clcb3@yahoo.com>; 'sgordon.4@netzero.com' <sgordon.4@netzero.com>; 'mplman@aol.com' <mplman@aol.com>; 'nfv777' <nfv777@protonmail.com>; 'Suzanne PLEMMONS' <suzannemplemmons@comcast.net>; 'Susan Spencer' <susanes@comcast.net>; 'jennymartin48' <jennymartin48@sbcglobal.net>; 'cap- 7@comcast.net' <cap-7@comcast.net>; 'robby.frondozo@gmail.com' <robby.frondozo@gmail.com>; 'Van-John' <vanjohnsf@comcast.net>; 'Monica James' <msjames919@gmail.com>; 'MARGARET WETTER' <margaretwetter@comcast.net>; 'Shelley Wetter' <shelleywetter@comcast.net>; 'Rich Chwaszczewski (chwaszczewski@outlook.com)' <chwaszczewski@outlook.com>; 'Rick Hart' <rickhart777@yahoo.com>; 'Tim Cook' <timlcook@hotmail.com> 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: Greg Wheeler <Greg.Wheeler@ci.bremerton.wa.us> Sent: Monday, November 14, 2022 2:43 PM To: City Council <City.Council@ci.bremerton.wa.us>; Mike Fairchild <allstarbigmike1@gmail.com> Cc: Jennifer Hayes <Jennifer.Hayes@ci.bremerton.wa.us> Subject: RE: Affordable Housing Needs (Mike Fairchild) Good Afternoon Mike, Thank you for your email and for taking the time to share your unique insights into the affordable housing/homelessness crisis. While your email was addressed specifically to City Council, it does allow me an opportunity to provide you an update on what the city is working on currently. 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. Most of this information highlights what we have recently accomplished and what is proposed in the 2023 budget. I feel it is important to note that Gold Mountain Golf Course is city owned and generates its own revenue. It is essentially self-sustaining. I am not proposing the city sell the golf course nor has it been a topic of discussion with city council. For affordable housing & homelessness, as Mayor I am already working beyond this budget with outside agencies to develop additional opportunities for new partnerships, funding, and implementation strategies to help in this crisis. I will be providing updates to the City Council throughout 2023. The Kitsap Sun mentioned an important tool regarding the MFTE but there is much more we are doing in this area. 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 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. As I mentioned earlier, 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 its 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: Jennifer Chamberlin <Jennifer.Chamberlin@ci.bremerton.wa.us> Sent: Monday, November 14, 2022 11:19 AM To: City Council <City.Council@ci.bremerton.wa.us>; Mike Fairchild <allstarbigmike1@gmail.com> Cc: Greg Wheeler <Greg.Wheeler@ci.bremerton.wa.us> Subject: Re: Affordable Housing Needs (Mike Fairchild) Mr. Fairchild, Thank you so much for putting your story and heart out there for us to consider. Thank you for pointing out that not all houseless individuals fit a stereotype. I have also faced housing insecurity in my life. I’ve lived on couches, halfway houses and in basements with rats when I didn’t have my own home. I have been fortunate to not have to sleep in my car more than a few nights when I was lucky enough to have a car. I agree that more should be done for those of you facing this housing crisis currently. As the weather turns to freezing dangerous levels my heart goes out to those facing the elements. As a member of city council I recognize my role in helping allocate funding for various projects in the city including efforts to support the most vulnerable. I’ll do what I can to elevate voices like yours. Thank you again for sharing your story with us. Your words are power. Jennifer Chamberlin Bremerton City Council Vice President District 1 From: Mike Fairchild <allstarbigmike1@gmail.com> Sent: Monday, November 14, 2022 8:17 AM To: City Council <City.Council@ci.bremerton.wa.us> Subject: Affordable housing needs 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 writing this letter to ask our city council to consider some real funding for affordable housing. I am currently homeless in Kitsap county and have been for four years now. I became disabled which caused my income to greatly change and in turn I had to sell my house at a huge discount so I didn't loose it in foreclosure. Since then I have been homeless and I can't see any way I will end up in any other situation due to the lack of housing and my income. I can say that I have been on so many lists every time they open one and yet I am still in my current situation. I don't do shelters because I am not big on groups of people I don't know. I really don't like groups of more than 3 or 4 people if I do know them. I have had no success even though I am disabled and that is supposed to help me find housing somehow. It has not. I don't exactly know what we as a city are doing for the homeless needs other than what the federal government gives our city for housing aide. I just hope that you consider that this problem is not going away and unless we find a way to get some basic human needs met for this group of people I find myself in there are going to be larger issues. I believe that I have been a decent citizen of Kitsap county since 1981 and until I became to broken to do the work I know how to do ( physical labor) I was working and paying taxes etc... Even then I felt it was important to help those less fortunate or those who were not able to get their basic human needs handled with their own income. There are a lot of people at the very edge and with one more hike in food or fuel prices they could find themselves unable to afford housing. I don't think people realize how demoralizing it is to not be able to shower more than maybe once a week if you are lucky enough to get that. It is expensive to have to replace the tiny bit of your life you got to keep because someone is sweeping a camp and you have nowhere to go and no time to gather your stuff and get it out before someone throws it all away. Besides the fact a lot of us do not fit in the typical stereotypes people put on homeless people. It is not something we should be blowing off. I still don't get why a privately owned golf course is getting 6 million dollars. Why are we giving them any money at all when we have basic needs of people not being met at all. I sure hope you reconsider more money towards affordable housing. Thank you for your time. Mike Fairchild From: Dan Herron <dh913@hotmail.com> Sent: Tuesday, November 15, 2022 5:50 PM To: Greg Wheeler <Greg.Wheeler@ci.bremerton.wa.us>; City Council <City.Council@ci.bremerton.wa.us> Cc: Jennifer Hayes <Jennifer.Hayes@ci.bremerton.wa.us>; Mike Riley <Mike.Riley@ci.bremerton.wa.us> Subject: Re: Response to Citizen Comments - 2023 City Budget (Dan Herron) 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 Mayor Wheeler, Thank you for your thoughtful and detailed e-mail from last week. I appreciate all that you and the council have done and can continue to do. It's just that the problem is so overwhelming, I just hope that no one is saying that we've done enough. Please keep on fighting the good fight on behalf of our most vulnerable population. Sincerely, Dan Herron 1540 Houston Ave Bremerton, WA 98312 From: Greg Wheeler <Greg.Wheeler@ci.bremerton.wa.us> Sent: Monday, November 7, 2022 4:48 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 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: 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 and 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 From: Greg Wheeler <Greg.Wheeler@ci.bremerton.wa.us> Sent: Tuesday, November 15, 2022 7:01 PM To: City Council <City.Council@ci.bremerton.wa.us>; Tracy Leopold tracyleopold62@yahoo.com Cc: Jennifer Hayes <Jennifer.Hayes@ci.bremerton.wa.us>; Mike Riley <Mike.Riley@ci.bremerton.wa.us> Subject: RE: Citizen Letter - City Budget (Tracy Leopold) Good evening Tracy and City Council, Thank you for your email Tracy. I am including my response to your first email for yours and council’s consideration. Please know that as Mayor I am already working beyond this budget with outside agencies to develop additional opportunities for new partnerships, funding, and implementation strategies to help in this crisis. I will be providing updates to the City Council throughout 2023. Take care Tracy, I hope you enjoy the rest of your evening. Sincerely, Greg Wheeler Mayor City of Bremerton (360) 473-5266 From: Tracy Leopold <tracyleopold62@yahoo.com> Sent: Tuesday, November 15, 2022 5:44 PM To: City Council <City.Council@ci.bremerton.wa.us> Subject: Budget We need more funds for Affordable housing .I am a woman 60 years old and was forced to sleep outside because the shelter banned me because of my Incontinence. I have copd.kimmie Siebens helped me get a Guardian im in the hospital Outside I was beaten up twice .Please consider more funds for affordable housing .Thank you Tracy L Leopold From: kim siebens <kimmysiebens@yahoo.com> Sent: Wednesday, November 16, 2022 5:08 PM To: City Council <City.Council@ci.bremerton.wa.us> Subject: November 16 2022 city council meeting comment I am at work and cannot attend tonight's meeting. If possible please read this comment for me under public commenting time. Thank you. Dear City Council Members, While discussing this years annual budget please consider our current housing and homelessness crisis as a top priority. I provide nursing care and support to many of our most vulnerable community members who live outside. The people most affected by our incredible lack of affordable housing are people who have the most obstacles to attending city council meetings, making it very difficult to speak up for themselves. Also many are elderly, on fixed incomes, don't understand how to use zoom and many can hardly walk very far to attend in person. They are more concerned about finding a place to sleep, a place to use the bathroom, a place to try and stay safe. Homeless shelters do not allow most of those I help to come inside. The major reason why is because of incontinence. Shelters cannot provider the level of care these people need. So they sleep outside and urinate and defecate on themselves. I have gotten dozens of people off the street but this is over 5 years. Not enough to make a dent in this issue. Local non profit Eagles Wings Coordinated Care is a great start for getting many people inside. They currently have 105 people inside 13 homes they manage. However, this is intended for transitional housing . When there is no housing to transition them to then the purpose of transitional housing is lost. Please think about ALL of your constituents. I receive multiple emails and messages each day from people very close to entering homelessness. This issue is only going to get worse if we don't start providing more realistic solutions. Thank you for your time, Kimmy Siebens RN President, Their Voice http://www.their-voice.org Founder, Bremerton Homeless Community Coalition https://www.facebook.com/groups/bremertonhomeless Published for November 9 Study Session Public Comments Proposed City of Bremerton FY2023 Budget 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 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 Published for November 2 Council Meeting Public Comments Proposed City of Bremerton FY2023 Budget From: Thomas Knuckey <Thomas.Knuckey@ci.bremerton.wa.us> Sent: Wednesday, October 26, 2022 4:03 PM To: City Council <City.Council@ci.bremerton.wa.us> Cc: Greg Wheeler <Greg.Wheeler@ci.bremerton.wa.us>; Mike Riley <Mike.Riley@ci.bremerton.wa.us>; Kim Seibold <Kim.Seibold@ci.bremerton.wa.us>; Ned Lever <Ned.Lever@ci.bremerton.wa.us>; Sheri Jackson <Sheri.Jackson@ci.bremerton.wa.us> Subject: Responses to Council Questions from 10-25-22 presentation Attached are responses to the questions asked at last night’s workshop. Please advise if there are any further questions or comments. Responses to Council Questions Question from 10/24/22 workshop Meter crew responsibility change – what is the effort for meter reading? With the change to Flexnet, Utility Billing is able to remotely query all meters at once. When this is done there are several meters (up to 150 per month) that fail to read. The Water field crew is dispatched to address the failures. These failures are typically the result of tampering, equipment failure, damage, or obstruction. Field reading of the meters and correcting the failures will typically take one or two days to complete. Questions from the 10/25/22 workshop How is REET used as a matching source for Transportation Capital Projects? The 6-year REET expenditure projection is included in the budget on page 107. Note that these expenditures are regularly adjusted based on the pursuit of new grant opportunities, and project cost updates. How is street sweeping budgeted? The cost to sweep streets and dispose of collected debris is a stormwater operations cost. Note that once debris is collected from street and sidewalk sweeping it is considered contaminated waste and disposed of accordingly. Quantify the hours programmed for all categories of Street Operations: 2023 work is programmed as follows: • General Operations - City appearance (homeless cleanup, graffiti, herbicide, sidewalk cleaning, litter control), Community Event Support, Snow & Ice Response, etc. – 7,000 hrs (35% of available hours) • Preventive Maintenance & Emergent Repairs – crack sealing, and RPMs, Roadside Maintenance, pothole patching, cold patching, etc. – 3,500-hrs (18% of available hours) • Sidewalks, including ADA Ramps – 6,800 hrs (34.5% of available hours) • Pavement Rehabilitation – overlay and structural patches – 2,400 hrs (12% of available hours) • Pavement Preservation – inspection of chip seal and slurry seal - 100 hrs (0.5% of available hours). Note that Engineering also has a role in this inspection which is not included in this total. How much long line pavement striping is being installed? The contract with Striperite includes approximately 34,200-ft of long line striping. All striping is freshening existing painted lines. What are the trends in expenditures for sidewalk maintenance, long line striping and hot applied pavement markings? Budgets were as follows: • Sidewalk work includes maintenance budgeted in the Street Fund, and major maintenance (slabjack and repairs), and capital work (new construction by City crews) which is budgeted in TranCap. Cost trends are difficult to quantify definitively since our fund structure has changed (we used to have a Residential Street Fund, and cost allocations among the funds has been revised) and we don’t currently have a work order system. The annual expenditure for 2023 is $336K in the Street Fund and $775K in TransCap for a total of $1.1M. These expenditures have been fairly consistent since 2021. • Long line striping – this is typically completed every-other year. Prior to 2020 cost was approximately $30K/year since work was completed by Kitsap County under an ILA. 2021 - $150K, 2023 - $130K • Hot applied markings – this is typically completed every year at $150K since 2021. From:Christy Cammarata To:City Council Subject:Submission of Questions to City Council Regarding 2023 Proposed Budget Date:Tuesday, October 25, 2022 12:02:13 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 morning, The I would like to submit the following questions in response to the 2023 Proposed Budget meeting yesterday. 1. Can you provide more information as to why approximately $298,586.00 of the budgeted funds for 2022 went unspent leading to an almost 16% reduction for 2023? 2. Is the supplemental data available to the public or would a public disclosure request need to be submitted in order to see the reduced actual expenditures as presented on page 3 of the budget summary? 3. Given the absolutely correct push for more affordable multifamily housing in Bremerton does city council feel that the current FTEs for the fire department will meet the needs of the community? The currently call volume is already considerably higher than prior years and only growing. By keeping the current FTE count the same for 2023 I believe the community will be greatly impacted as more housing is built. Given the training and education requirements imposed on EMTs these positions need to be hired in advance in order for them to serve the community as we grow. I ask that you reconsider the current FTEs for the Bremerton Fire Department to match what would be required for current anticipated growth in our community. Thank you, Christy Cammarata From: Karen Wikle <Karen.Wikle@ci.bremerton.wa.us> Sent: Wednesday, October 26, 2022 7:19 PM To: City Council <City.Council@ci.bremerton.wa.us> Cc: Mike Riley <Mike.Riley@ci.bremerton.wa.us> Subject: Responses to October 24 Budget Workshop Questions Good evening, Councilmembers Attached are the responses to Monday, October 24th budget workshop questions. Please let us know if there are any additional questions or comments. Thank you! Karen Wikle Budget Analyst City of Bremerton 345 6th Street, Suite 100 Bremerton, WA 98337 (360) 473-5296 Office karen.wikle@ci.bremerton.wa.us Questions/Answers From 2023 Proposed Budget Workshop: General Fund and Other Governmental Funds Council 10/24/2022 1. Sales tax % by category 2. Parking Fund-Capital Improvement Plan a. Yes, the City maintains a Capital Improvement Plan for Parking System Operating Fund and it includes projects related to the City’s parking facilities and lots including the Washington Avenue parking garage. The City will add this fund to the City-Wide Capital Improvement Program project list, see updated list attached. 3. REET expenditure details 4. Legal department supplies/services pg. 43 Budget Doc. a. FY2021 budget for supplies/services was $245,915. Professional services for Legal Services budget underspent $60,000. Prosecution budget underspent $9,000 in supplies, small tools and miscellaneous. FY2021 budget to FY2022 budget unchanged. 5. Affordable Housing estimate fund balance in General Fund a. Future potential funding 6. Meter Crew responsibility change (process change to electronic readings) a. Will be answered with Public Works responses to workshop from 10/25/2022 7. Gold Mountain debt payoff with REET Budget 2023 2024 2025 2026 2027 2028 Governmental Funds General Fund General Facilities 766,000$ 355,000$ 150,000$ 230,000$ 25,000$ 25,000$ Parking System 388,455 288,455 278,455 280,455 497,455 304,455 Conference Center 204,650 96,650 134,650 86,650 102,650 62,650 Police Special Projects - 60,000 60,000 60,000 60,000 60,000 BKAT 96,000 60,000 18,000 53,500 11,900 25,000 1% for Arts - 10,000 10,000 - - - Debt Service Funds 408,000 406,000 404,000 407,000 405,000 407,000 Park Facilities Construction 1,763,300 2,087,377 2,825,000 1,455,000 2,815,000 1,560,000 Transportation Projects 10,651,006 7,190,647 5,278,000 25,615,000 14,695,000 7,465,000 Total Governmental Funds 14,277,411$ 10,554,129$ 9,158,105$ 28,187,605$ 18,612,005$ 9,909,105$ Enterprise Funds Water Capital Utility 8,667,038$ 5,649,302$ 4,350,709$ 7,495,709$ 7,717,628$ 4,001,113$ Wastewater Capital Utility 8,082,146 12,364,259 8,805,000 7,090,000 4,940,000 5,790,000 Stormwater Capital Utility 3,684,718 5,185,000 3,900,000 2,225,000 3,205,000 10,175,000 Total Enterprise Funds 20,433,902$ 23,198,561$ 17,055,709$ 16,810,709$ 15,862,628$ 19,966,113$ Internal Service Funds Equipment Rental & Reserve 2,123,500$ 1,335,728$ 743,651$ 623,807$ 839,606$ 408,782$ Total Internal Service Funds 2,123,500$ 1,335,728$ 743,651$ 623,807$ 839,606$ 408,782$ Total All Funds 36,834,813$ 35,088,418$ 26,957,465$ 45,622,121$ 35,314,239$ 30,284,000$ City-Wide Capital Improvement Program (Includes Major Maintenance) Estimated General Fund General Facilities Building Improvements 766,000$ 355,000$ 150,000$ 230,000$ 25,000$ 25,000$ 766,000$ 355,000$ 150,000$ 230,000$ 25,000$ 25,000$ Parking System Fund Improvements 388,455$ 288,455$ 278,455$ 280,455$ 497,455$ 304,455$ Conference Center Building Improvements 204,650$ 96,650$ 134,650$ 86,650$ 102,650$ 62,650$ Police Special Projects Fund Vehicles and Equipment -$ 60,000$ 60,000$ 60,000$ 60,000$ 60,000$ Public Access Television BKAT Production Equipment Upgrades 96,000$ 60,000$ 18,000$ 53,500$ 11,900$ 25,000$ One Percent for Arts Public Art Work -$ 10,000$ 10,000$ -$ -$ -$ Debt Service Payments Government Center LTGO Fund 333,000$ 331,000$ 329,000$ 332,000$ 330,000$ 332,000$ 2019 Refunding LTGO 75,000 75,000 75,000 75,000 75,000 75,000 408,000$ 406,000$ 404,000$ 407,000$ 405,000$ 407,000$ Park Facilities Construction Fund Bluberry Park Pathway Renovation -$ -$ -$ 50,000$ -$ -$ Combined Comm/Senior Center Feasibility Study (Replacement)- - - 250,000 - - Evergreen Rotary Park ADA Beach Access, Sidewalk and Parking - - - - 300,000 - Forest Ridge Park Master Plan and Renovation - - - 20,000 800,000 - Glenn Jarstad Aquatic Center Roof Repair 400,000 - - - - - Haddon Park Master Plan and Renovation 1,073,300 - - - - - Harborside Park Fountain Basin Lining - 100,000 - - - - Ivy Green Cemetery Project - - - - - - Kitsap Lake Boat Launch and Park Renovation - 1,537,377 - - - - Kiwanis Park Playground Replacement 290,000 - - - - - Lions Park Boat Launch Dock Design - - - 250,000 - - Lions Park Dock Renovation - - - - 1,500,000 - Lions Park Drainage Improvements - - - 35,000 125,000 - Lions Park Field Lighting Renovation - 300,000 - - - - Memorial Plaza Fountain Lining - 100,000 - - - - N.A.D. Park Master Plan and Renovation - - - - - 1,500,000 Off-Leash Dog Park (Location TBD)- - 200,000 - - - Other Park & Facility Capital Improvements - 30,000 30,000 30,000 40,000 40,000 Park Maintenance Facility - - 200,000 800,000 - - Park Maintenance Facility - - - - Pendergast Regional Park Turfed Fields and Restroom - - 2,345,000 - - - Urban Forest Management Plan - 20,000 50,000 20,000 50,000 20,000 1,763,300$ 2,087,377$ 2,825,000$ 1,455,000$ 2,815,000$ 1,560,000$ Budget 2023 2024 2025 2026 2027 2028 Estimated Project Listing City-Wide Capital Improvement Program Transportation Projects Fund 6th Street Phase III 170,500$ 1,721,702$ -$ -$ -$ -$ Belfair Valley Road Subgrade Repair & Overlay 150,000 150,000 - - - - City Safety Improvement 160,000 160,000 160,000 160,000 160,000 160,000 City Street Lighting 35,000 35,000 35,000 35,000 35,000 35,000 Downtown Lighting 40,000 - - - - - E11th Street and Perry Avenue Reconstruction 1,338,409 - - - - - Naval Avenue Road Diet - 1,108,000 1,108,000 - - - Oyster Bay Avenue Improvements - - - 250,000 500,000 4,850,000 Phinney Bay Retaining Wall and Guardrail Project 50,000 1,000,000 - - - - Quincy Square on 4th Street 4,206,161 - - - - - Ricky Road - Street Light Construction - 200,000 - - - - Sidewalk Program 775,000 775,000 775,000 600,000 600,000 400,000 Signage and Pavement Marking Maintenance 300,000 170,000 300,000 170,000 300,000 170,000 Signal System Upgrades 100,000 100,000 100,000 100,000 100,000 100,000 Sinclair / Union Intersection Improvements - - - - 250,000 1,000,000 SR 303 Corridor Improvements (Plan Implementation)- - 600,000 1,900,000 - - SR 303 Warren Ave Bridge Pedestrian Improvements - 500,000 500,000 12,000,000 12,000,000 - Streets Preservation and Maintenance Program 750,000 750,000 750,000 750,000 750,000 750,000 Transportation Projects Fund - Continued Systemic Pedestrian Treatments Bundle - Rectangular Rapid Flashing Beacons 783,793 - - - - - Traffic Model Development/Corridor Capacity and Signal Optimization Study 10,000 - - - - - Transportation Planning (JCTP, Non-Motorized, Comp Plan)250,000 - - - - - Upper Shore Drive Shared Use Path 50,000 50,000 - - - - View Ridge Elementary (Almira SRTS) Phase 1 50,000 250,000 450,000 4,150,000 - - View Ridge Elementary (Almira SRTS) Phase 2 - 119,000 500,000 5,500,000 - - Washington Avenue Roundabout 982,143 - - - - - Wayfinding Signage 150,000 101,945 - - - - West Kitsap Way Reconstruction/Rechannelization Planning Study 300,000 - - - - - 10,651,006$ 7,190,647$ 5,278,000$ 25,615,000$ 14,695,000$ 7,465,000$ Water Capital Watermains 2,880,724$ 2,916,302$ 2,490,000$ 1,690,000$ 1,679,628$ 1,825,372$ Wells, Pump Stations and Source 3,238,213 1,650,000 550,000 1,300,000 2,450,000 900,000 Reservoirs and Dams 1,873,101 573,000 1,135,709 4,030,709 3,438,000 1,100,741 Buildings, Roads, Bridges and Land 675,000 510,000 175,000 475,000 150,000 175,000 8,667,038$ 5,649,302$ 4,350,709$ 7,495,709$ 7,717,628$ 4,001,113$ Wastewater Capital Mains 6,032,146$ 6,614,259$ 2,440,000$ 4,240,000$ 1,890,000$ 3,490,000$ Pump Stations and Treatment 2,050,000 5,750,000 6,365,000 2,850,000 3,050,000 2,300,000 8,082,146$ 12,364,259$ 8,805,000$ 7,090,000$ 4,940,000$ 5,790,000$ Stormwater Capital Stormdrains, Culverts, Bridges and Ditches 3,684,718$ 5,185,000$ 3,900,000$ 1,625,000$ 1,355,000$ 1,675,000$ Miscellaneous - - - 600,000 1,850,000 8,500,000 3,684,718$ 5,185,000$ 3,900,000$ 2,225,000$ 3,205,000$ 10,175,000$ ER&R Reserves City Vehicles and Equipment 2,123,500$ 1,335,728$ 743,651$ 623,807$ 839,606$ 408,782$ 36,834,813$ 35,088,418$ 26,957,465$ 45,622,121$ 35,314,239$ 30,284,000$ Budget 2023 2024 2025 2026 2027 2028 Estimated Project Listing City-Wide Capital Improvement Program From: Greg Wheeler <Greg.Wheeler@ci.bremerton.wa.us> Sent: Tuesday, November 1, 2022 7:08 PM To: Rae Cando <raecando1965@gmail.com>; City Council <City.Council@ci.bremerton.wa.us> Cc: Jennifer Hayes <Jennifer.Hayes@ci.bremerton.wa.us> Subject: RE: From Streets to Home 2023 Budget Good evening Raelenea, Thank you for your email and for taking the time to share your unique insights into the affordable housing crisis. I appreciate the timing of your comments, questions, and concerns, regarding what the city is doing currently to address the affordable housing 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), and Thursday (10/27). 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 will be included in my Mayors Report to City Council tomorrow night as well. 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 fixed income senior housing is already occurring through this effort. 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: Rae Cando <raecando1965@gmail.com> Sent: Tuesday, November 1, 2022 5:27 PM To: Greg Wheeler <Greg.Wheeler@ci.bremerton.wa.us>; City Council <City.Council@ci.bremerton.wa.us> Subject: From Streets to Home 2023 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. November 1, 2022 Mayor Wheeler and Bremerton City Council Email: City.Council@ci.bremerton.wa.us/Greg.Wheeler@ci.bremerton.wa.us 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. ➢ IMMEDIATELY:: Nursing home shelter or nursing care workers in current shelters (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 will look like if we don’t… Signed: Raelenea Copus (Citizen Advocate, former Manager of Comprehensive Services Center - Fishline) Address: 17160 Angeline Ave South NE, Suquamish, WA 98392 From: Greg Wheeler <Greg.Wheeler@ci.bremerton.wa.us> Sent: Thursday, September 29, 2022 3:48 PM To: City Council <City.Council@ci.bremerton.wa.us>; Rhoda Teal Gage <grgage@msn.com> Cc: Andrea Spencer <Andrea.Spencer@ci.bremerton.wa.us>; Jennifer Hayes <Jennifer.Hayes@ci.bremerton.wa.us> Subject: RE: Citizen Concern - Agree that City Budget should Support Affordable Housing (Rhoda Gage) Good afternoon Rhoda, I just wanted to take a moment to let you know I received and read your email and to share some information with you. It is important to note that the City of Bremerton (COB) has been highlighted (link attached) by the Association of Washington Cities (AWC) for our efforts to support community members without housing/shelter. This is the second year in a row we have been featured in their annual publication. The AWC represents all of Washington States 282 cities. Another important note about housing creation I would like to share relates to the Infill Development Toolkit developed by the COB Department of Community Development, link also attached below. https://www.bremertonwa.gov/DocumentCenter/View/7035/Infill-Toolkit-PDF Homelessness & Housing Toolkit for Cities (mrsc.org) I appreciate the timing of your comments, questions, and concerns, regarding what the city is doing currently to address the affordable housing issue. Earlier this year a grant opportunity was presented to the City Council that was approved on Feb 16th to pay for a planning effort to create cottage housing, duplex/triplex, and townhome regulations. This also included a component for the Bremerton Housing Authority and religious organizations to offer bonus density in exchange for affordable housing. It went through our planning commission process where it was thoroughly vetted with lots of opportunity for public input. The planning commission unanimously accepted our proposal where it was forwarded to the City Council for their consideration. I am happy to report that the City Council adopted this ordinance just recently. In addition, Kitsap County recently enacted a sales tax ordinance for affordable housing that all jurisdictions, including Bremerton residents, will be paying into. I will be working with the county as they develop a program to ensure those funds meet this urgent need. Below is a snapshot of development activity in our city and recent code changes to streamline this effort. My administration will not rest until we have an appropriate supply of housing to meet demand, which is a critical element to developing and maintaining affordable housing. My administration will also continue to look for ways to promote subsidized housing. One more point I would like to add is the two attachments and below statistics are the result of dedicated effort and focus. Shortly after I took the office of Mayor in 2018 the city invested in personnel, technology, and process improvements along with code and zoning changes. This has allowed us to exceed any prior development activity in the city by a large margin. We have set records for permit activity because of this dedicated focus and it is important to note that the City Council has supported these efforts through budget and policy approval. City Development Review Building Permits approved in 2021: • 332 Single-family homes • 169 Multifamily units • 87,000 square feet new commercial Large Multifamily projects currently under construction: 732 total units • Marina Square (280 Washington Ave) 270 units • 1010 Apartments (1010 Burwell St) 25 units • Pendleton Place (5454 Kitsap Way) 72 units • Mills Crossing (1045 Little Haven Ln) 42 units • Almira Apartments (1911 NE Riddell Rd) 323 units Projects in different stages of the permitting process: 1,705 total residential units, and approximately 150,000 square feet of new commercial space. City Planning Efforts Approved in 2021 Shoreline Master Program (Ord. 5417): Relaxed standards for required bonding for Single-family homes, when vegetation restoration would be required, added additional flexibility for nonconforming structures, and other measures. Critical Areas Ordinance (Ord. 5418): Added flexibility to wetland buffer requirements including relaxing standards for when mitigation is required. Added provisions permitting minor expansions within critical area buffers for existing nonconforming structures. Charleston District Center (Ord. 5435): Added provisions allowing temporary uses, limited light industrial manufacturing, and reduced parking for existing structures proposing to add dwelling units. Boundary Line Adjustment (Ord. 5422): Added a review process for Boundary Line Adjustments. This brings Bremerton in line with other Kitsap jurisdictions. Lot Size Averaging (Ord. 5422): Adds flexibility to subdivision lot size requirements, allowing for smaller lots as long as maximum density is not exceeded. Manufactured Homes (5423): Revised code to permit smaller manufactured homes in order to accommodate all lot sizes. City Planning Workplan 2022 Eastside Village Subarea Plan: Evaluate possible methods to increase development potential of the Subarea. Cottage Housing: Consider code updates that would permit cottage housing, as an alternative to the subdivision process in order to permit multiple single-family homes on a single lot. The Department of Commerce supplied a $40,000 grant to assist in the adoption of this code. Housing Displacement: The City will work on draft code this year that will potentially provide moving assistance for low income residents displaced by new development. 2024 Comprehensive Plan Update: Work on the State required major update to the Comp Plan starts this year and will carry on until the adoption in 2024. The effort will evaluate the long-term vision and goals for the City. On another noted, I can only speak on behalf of the City of Bremerton but wanted to provide you an update on what we are working on. In recent years, the city has developed and maintains several unique partnerships with multiple organizations including Peninsula Community Health Services (PCHS), Bremerton Housing Authority (BHA), Kitsap Mental Health Services (KMH), Kitsap Public Health (KPH) & Kitsap Community Resources (KCR). There are others we support as well but wanted to be sure to let you know our work to serve the most vulnerable citizens in our community is ongoing. I feel it is important to remember that the workers from each agency are comprised mostly of community members who happen to have special certifications, licensing, training, and passion to assist those with mental and primary health care needs, addiction, and housing. The partnerships I am mentioning are in addition to the agency core missions and basic services they provide. Funding and support come through the city’s general fund, state grants, and Community Development Block Grant (CDBG) Program. You may not have been aware but former Seattle Mayor, Jenny Durken’s office, reached out to me to join a statewide task force led by former Governor Christine Gregoire recently to work with Governor Inslee’s office and then the state legislature to ensure funding was available for shelters and permanent supportive housing. This two-year effort was successful and there are significant funds to help with this challenge. The City of Bremerton has made housing creation a top priority and is working as fast as possible to meet that need. The demand is tremendous as many individuals and families, ranging from highly technical and professional fields to homeless individuals with comorbidities, severe mental health challenges, and addiction are coming to our city. We are currently in the process of creating new incentives to assist with the development of affordable housing. I will provide updates as we move closer to completion. I also wanted to take a moment to highlight some of the work many quietly do in our community on a volunteer basis with little to no fanfare. Many of these volunteers are unlicensed and untrained but humbly step up, some on a daily and weekly basis, to serve food and support shelter services. Some of these efforts are on an individual basis, others represent small non-profits and churches. There are too many efforts to provide individual recognition in this email, but they are greatly appreciated. Many of these individuals supported the SA’s work to offer laundry, hygiene, food, and shelter services to our most vulnerable citizens. especially through the pandemic, which is commendable. One other update I would like to provide is the building next door to the 7 Eleven on 6th has been purchased by PCHS and will become a wound care/respite center for our community’s vulnerable individuals. The city will be working with them on this project and looking for opportunities to provide financial support. The issues you raise and the feedback you provide is important as it offers the city an opportunity to look for ways to improve. That is also something we strive for on a daily basis. While I am proud of the programs we have implemented over the last few years and confident we will continue to lead the region in this effort, we must continue to evolve and adapt to maintain our leadership status. Sincerely, Greg Wheeler Mayor City of Bremerton (360) 473-5266 From: City Council <City.Council@ci.bremerton.wa.us> Sent: Monday, September 26, 2022 6:53 PM To: Rhoda Teal Gage <grgage@msn.com> Cc: City Council <City.Council@ci.bremerton.wa.us>; Greg Wheeler <Greg.Wheeler@ci.bremerton.wa.us> Subject: RE: Citizen Concern - Agree that City Budget should Support Affordable Housing (Rhoda Gage) Ms. Gage, This is to acknowledge that your email was received, and to let you know that it was provided to your District 4 representative Council Member Quinn Dennehy. Due to the subject matter, I have also shared your comments with the remaining Council Members and Mayor Wheeler for their review and consideration. Thank you for taking the time to submit your comments and concerns. Sincerely, Lori Smith Legislative Office Manager Bremerton City Council (360) 473-5280 www.BremertonWA.gov From: Rhoda Teal Gage grgage@msn.com Sent: Monday, September 26, 2022 7:36 AM To: City Council City.Council@ci.bremerton.wa.us Subject: I agree with this! 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 do all possible to help create more affordable housing for low- income folks as mentioned below: "All the money that is currently being collected in permits and fees should be earmarked for the Bremerton Housing Authority. This year the city will bring in roughly $2 million in permits and fees. This is not a lot of money, given the overall $250 million budget for the city and the fact that the city is looking at a $50 million surplus for the year. But that amount of money could be used to create a bunch of permanent low-income housing." Rhoda Gage, 1558 Pennsylvania Ave., Bremerton 98337, grgage@msn.com From: Greg Wheeler <Greg.Wheeler@ci.bremerton.wa.us> Sent: Wednesday, November 2, 2022 3:40 PM To: Johnny Walker <johnny@almostcandid.net>; City Council <City.Council@ci.bremerton.wa.us> Cc: Mike Riley <Mike.Riley@ci.bremerton.wa.us>; Jennifer Hayes <Jennifer.Hayes@ci.bremerton.wa.us> Subject: RE: Upcoming budget discussion Good afternoon Johnny, Thank you for your email. My budget proposal to City Council includes a substantial exemption from B & O Taxes (over $1,000,000). 2022 was the first year our city businesses realized all the benefits of a $1,000,000 exemption (approved by council) and we are proposing to incrementally increase that exemption this year and into the future. Fee, rates, and a Diversity, Equity, and Inclusion Director are all business decisions that support the services our citizens receive. Whether City Council starts their meeting with the Pledge is the solely their decision and their decision alone to make. I hope this addresses some of your comments, questions, and concerns. You obviously see the benefits of opening up a business in a well-run, well balanced city, and I will continue to work with the City Council to ensure that the environment that supports the record pace of development and economic activity we are experiencing continues. Your input is important, and I will give your remarks careful consideration. My administration (and myself) will always look for ways to improve and all input will be considered to keep us on that path of continual improvement. Take care. I look forward to stopping by your business. Sincerely, Greg Wheeler Mayor City of Bremerton (360) 473-5266 -----Original Message----- From: Johnny Walker <johnny@almostcandid.net> Sent: Wednesday, November 2, 2022 1:22 PM To: Greg Wheeler <Greg.Wheeler@ci.bremerton.wa.us>; City Council <City.Council@ci.bremerton.wa.us> Cc: Johnny Walker <johnny@almostcandid.net> Subject: Upcoming budget discussion 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. Mayor Greg Wheeler Councilman Jeff Coughlin My name is Johnny Walker and I represent a relatively new business to Bremerton called Almost Candid Photography & custom framing boutique at 327 Pacific Ave. Actually, I have been open a couple of months that does not include my remodeling and relocation period from Kingston, WA. If either of you make the rounds to welcome new businesses, I wouldn’t mind discussing how Almost Candid could fit in to Bremerton’s downtown image. The primary point of this email however, is to offer my perspective on increased fees, taxes, and net- new staffing in the new budget at a time of high inflation and economic vulnerability. I haven’t had time to plug into Bremerton politics yet, but I was informed yesterday that your new budget proposals include a variety of new tax or fee increases plus a questionable staffing increase to support diversity, equity and inclusion programs. I can’t directly speak to the tax measures, including utility fees, except to remind you that this will add to inflation and retail costs. As future discretionary spending for retail services continues to be at risk, any mandatory fees, taxes, or other costs that add to my triple-net is a disincentive to investment and will increase the cost of services. As to any new departmental staffing supporting so-called diversity, equity and inclusion programs, I want you to know I think this is nothing but political vanity. The people of this state and legislative district have consistently voted in favor of equality. That you would even consider ramping up a half million dollar equity department to pick and choose losers is a slap in the face of voters and the rule of law; nothing but a cynical workaround to patronize extreme progressive ideology. This should be utterly rejected. Finally, I hope you are going to reinstate the pledge tonight in your first open council meeting. When I first heard about the council’s anti-American rhetoric about the national flag, I was embarassed. This is a Navy town. You probably have a metric telling you how much money goes to your coffers from the Navy and it’s economic impact. I am a Navy veteran. I actually believe in America. If anyone on the council is embarrassed to say the pledge, or insists it is a vestige of unhealthy nationalism, then they should resign immediately. Respectfully, Johnny Walker Almost Candid Photography and custom framing boutique 360-297-1347 From: To: Subject: Date: debi kindt City Council RE: Citizen Letter - "Bremerton can do better!" Saturday, October 29, 2022 11:12:13 AM 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. Say hi to Abby - one of the reasons I fight so hard for our unsheltered neighbors and pets. She is now inside after years in survival mode. She will never get those years back. So many are suffering here in our own community ….. if we all stood up for them this could get better. Your voice is powerful. Let’s all practice using our voice more. Politicians will make it sound so complicated, it’s not . With more voices they will act accordingly. It really is that simple. Email mayor wheeler and the city council and demand more funds for the 2023 budget go to affordable housing!!!! He is only proposing 100,000$ out of over 200 million!!!!!!!!!!!!!!!!!!! Come on ! City.Council@ci.bremerton.wa.us. Greg.wheeler@ci.bremerton.wa.us AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: November 9, 2022 Fifth Addendum to the Operating Agreement with the Admiral Theatre Foundation for the Operation of the Admiral Theatre COUNCIL MEETING Date: November 16, 2022 Department: Finance Presenter: Mike Riley Phone: (360) 473-5306 SUMMARY: The City has a current Operating Agreement with the Admiral Theatre Foundation to operate City owned theater. The operating 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 2018, the Council approval the Fourth Addendum to the agreement extending the increase in funding to $150,000 per year through year 2022. This Fifth amendment would further extend this funding increase and without this amendment the funding agreement will revert back to a funding amount of $90,000 annually through expiration of the agreement. The Admiral Theatre Foundation submitted an application to the Lodging Tax Advisory Committee to extend the additional funds. LTAC recommended an extension of the additional $60,000 be allocated to the Admiral Theatre Foundation annually through 2027 for a total of $150,000 per year. City Council will consider the recommendation for approval at the November 16th, 2022 Council meeting. The extension of the $150,000 was included in the proposed 2023 Budget pending City Council adoption. ATTACHMENTS: 1) Fifth Addendum to the Operating Agreement; 2) Exhibit A – Operation Agreement; and 3) Memo Added FISCAL IMPACTS (Include Budgeted Amount): This item has been budgeted for 2023. STUDY SESSION AGENDA: ☒Limited Presentation ☐Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☒General Business ☐Public Hearing RECOMMENDED MOTION: Move to approve the Fifth Addendum to the Operating Agreement with Admiral Theatre Foundation extending the annual compensation of $150,000 through 2027; 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 7A Page 1 of 4 FIFTH ADDENDUM TO OPERATING AGREEMENT (Admiral Theatre) This Fifth 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 18, 1990, with a ten (10) year term expiring on the September 27, 2000; 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, 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, 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 the Second Addendum; and WHEREAS, the City and the Foundation entered into a Fourth Addendum to Operating Agreement (herein referred to as the “Fourth Addendum”) to extend the funding of $150,000 an additional five (5) years through calendar year 2022, and to replace in its entirety the Third Addendum; and WHEREAS, the City and the Foundation now desire to enter into a Fifth Addendum to Operating Agreement (herein referred to as the "Fifth Addendum") to extend the funding of $150,000 an additional five (5) years through calendar year 2027; NOW, THEREFORE, in consideration of the terms and conditions contained herein, the parties mutually agree that this Fifth Addendum to Operating Agreement hereby amends the Operating Agreement and replaces in its entirety the Fourth Addendum as follows: 1. Findings. The findings set forth in the recitals above are hereby adopted and incorporated as if fully set forth herein. Page 2 of 4 2. Addendums Repealed. The Forth Addendum is hereby repealed and replaced in its entirety by this Fifth Addendum. 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 calendar year 2023, 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. Commencing in calendar year 2028, the annual Financial Contribution shall automatically revert to the previous annual Financial Contribution of $90,000 unless otherwise extended or adjusted by the parties in writing. Provided, however, the obliga tion to pay the Financial Contribution is conditioned upon the following: a. The Foundation properly maintaining the Facility; and b. The Foundation continuing to market and provide performing and visual arts at the Theater on a full-time basis, including education and cultural events; and c. Upon request from the City, the Foundation shall provide the City its annual budget and marketing plans within thirty (30) days of adoption by the Foundation Board; and d. The Foundation shall make 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 Fifth Addendum. e. The Foundation shall provide a review, issued by a Certified Public Accountant, to the City for fiscal year ending August 31, 2022 , 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 31st of the calendar year following the end of the fiscal year being reviewed. f. The Foundation shall provide an external audit report or the Foundations’ 990 tax filing, issued by a Certified Public Accountant, to the City for fiscal Page 3 of 4 year ending August 31, 2021 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 ear 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. 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 purpose of the Hotel/Motel Tax enabling legislation; and i. Commencing in calendar year 2028 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. 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 Executive Director City of Bremerton Admiral Theatre Foundation 345 6th Street, Suite 100 507 Pacific Avenue Bremerton, WA 98337 Bremerton, WA 98337 7. Confirmation of Agreement Terms. The parties mutually agree that this Fifth Addendum to Operating Agreement hereby amends the Operating Agreement and replaces in its entirety the Fourth Addendum. Except as modified by this Fifth 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 Fifth Addendum. Page 4 of 4 The parties hereby enter into this Fifth Addendum to Operating Agreement on date fully executed below. CITY OF BREMERTON ADMIRAL THEATRE FOUNDATION By:________________________ By: _____________________________ Greg Wheeler, Mayor ________________________________ Date: _____________________ Date:____________________________ Approved as to form: ____________________________ Kylie J. Finnell, Attorney Attest: ____________________________ Angela Hoover, City Clerk ctrY ot BRrmrnroN IHE CIN OF PRIDE AND OPrcRIUNTTY FINANCIAL SERVIGES Flnrnclel Servlcet Dlrcctorl Mlchacl Rllay mlko.dl6y@cl.bramerton.m,u3 To: City Council & Mayor Greg Wheeler From: Michael Riley, Director of Financial Services Date: November 16,2022 Re: Admiral Theatre Agreement - Proposed Fifth Addendum ln December of 2001 the City of Bremerton entered into the "First Addendum to the 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 provided. Council requested staff to follow-up on the facilities review of the Admiral Theatre and review the Foundation's financial statements. Below summarizes the documents reviewed and the timelines for the next scheduled review of the facility, financial report compilation and audit. Term - Expires on September 27,2040 Addendum #4 Term - January 1, 2018, through December 31,2022 ($150,000/year) 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. The most recent facility review was conducted in 2017 prior to the funding the extension requested in addendum #4. The City Facilities department is working with the Admiral Theatre Foundation to schedule the next review in2023. However, the City has recently entered into a contract with Washington City lnsurance Authority (WCIA) for property 360473-5200 6h St Suite 100 wA 98337 . Pagez November 16,2022 insurance. WCIA conducted a property valuation and walkthrough assessment of the Admiral Theatre on May 20,2022. WCIA's lnsurance Detail Report did not note any significant issues of concern with the Facility. WCIA added this note to their review: .STRUCTURE VALUE INCLUDES: ADMIRAL THEATER, WHICH IS A LIVE EVENT VENUE THEATER FEATURING A 3-STOP ELEVATOR, FULL SPRINKLER SYSTEM, BALCONY, PERFORMANCE STAGE, 501 BUILT IN CUSHION SEATS, FULL KITCHEN, CATWALK AND AN ATTACHED MOVIE DISPLAY SIGN. THE THEATER IS FROM THE 1940'5 BUT WENT THROUGH A SIGNIFICANT REMODEL IN 1995. THE ADMIRAL THEATER IS OPERATED BY THE BREMERTON ADMIRAL THEATRE FOUNDATION. ALL CONTENT, FURNISHINGS, SOUNDA/IDEO EQUIPMENT, AND BUILDING IMPROVEMENTS OWNED AND INSURED THROUGH THE FOUNDATION.' Financial Contribution - Commencing in calendar year 2002 the City shall pay the Foundation Ninety Thousand Dollars ($90,000) and a like amount each year thereafter. ln 2013, the Foundation requested an additional Sixty Thousand Dollars ($60,000) for a five- year period, January 1, 2013, through December 31, 2017. The City approved the fourth addendum extending the additional ($60,000) through December 31, 2022. Provided, however, the obligation to pay this amount is conditioned upon the following: 1. 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. a. Reviewed the Fiscal Year 2021annual Return of Organization Exempt for lncome Tax Return Dated July 13, 2022. Financial Statements and Tax Return was prepared by Clark Whitney CPA. 2. The Foundation providing to the City an external audit on a three year cycle and the results of that audit showing no significant irregularity. a. The City received the last conducted audit for the Foundation for the year ended August 31,2017 which included an unqualified opinion with no significant irregularities. The Admiral Foundation is working with Clark Whitney to conduct the audit for years ended 2020 and 2021. The audit is tentatively scheduled to be conducted in January 2023. Based on the information provided by the Admiral Theatre Foundation and the additional documentation reviewed, it is my recommendation that the City Council renew its commitment to the current funding amount of $90,000/ year and consider the proposed Fifth Addendum as presented. Staff is scheduled to conduct the next three-year review in 2025. Enclosed is the 2017 audit from the Admiral Theatre Foundation. 2018 and 2019 were scheduled for reviews only. 2020 was to be the next scheduled audit. Due to Covid and the resulting business shutdown of both the AdmiralTheatre and Clarke Whitney, no audit was done. Clarke Whitney is preparing the next audit to include 2O2O-2O2!. which we expect in January 2023. Per our correspondence this last week, we delivered a2O2L tax return and the insurance copy that was requested. Thank you, CarlCramer Admiral Theatre Foundation Chief Financial Officer To: Melinda Monroe Published for November 16, 2022 Council Meeting Public Comments Admiral Theatre Operating Agreement Addendum #5 From: Terrence Nicksic <nicksitd@plu.edu> Sent: Thursday, November 10, 2022 2:26 PM To: City Council <City.Council@ci.bremerton.wa.us> Subject: 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. Please continue to support the Admiral Theater and its programs. It is a valuable asset for the city of Bremerton and attracts many patrons from outside the city of Bremerton. From: Susan Martin <martinlasu99@gmail.com> Sent: Thursday, November 10, 2022 1:33 PM To: City Council <City.Council@ci.bremerton.wa.us> Subject: 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. November 10, 2022 Dear Councilmembers, I’m not much of a community activist, and generally figure my opinion is kind of mainstream, and that somebody else will say it better anyway. However, I admire others who speak up, and I guess it’s time for me to take a turn because I am probably more aware than most of the Bremerton population of the relationship between the City of Bremerton and the Admiral Theater. A couple of years before Covid reared its ugly head, a neighbor who’s lived in Bremerton all her life suggested that I look into volunteering at the Admiral Theater. Before that, the only event I’d ever attended there was as a chaperone with elementary school classes at their special programs. (no kidding! Totally unaware!) As a retired, recently widowed, elderly (yikes!) woman, the Admiral soon became the highlight of my calendar. Meeting volunteers to have a quick meal before our shifts, I began to learn about the other parts of downtown Bremerton (restaurants, art galleries, small shops)...all of which I can now recommend to out-of-town patrons of the Admiral as well as to my own visitors & friends. I rub shoulders (literally) with community members of every ilk; I get to introduce first-timers to the beautiful, historic theater, and can welcome out-of-town guests to a very surprising gem in the heart of Bremerton (they surprise me, too…as they come here from significant distances when one of their favorite performers or groups is on our billboard); and I can be part of the host community to famous, top-notch, world-class entertainers. Watching local groups make use of the facility allows me to see wide-eyed little ballerinas and tumblers, see the camaraderie of the Elks or Lions, and listen to snatchets of conversation between ski buffs sharing their visions of coming adventures. It seems there is something for everybody, and I treasure the mix! I am not involved in the nuts and bolts of the Admiral, but I see the commitment and hard work it takes to keep it running. The entire staff wears many hats, and I see them up to their elbows in whatever needs to be done. My concern is that with potential funding cuts from the city, EVERY part of the Admiral would be damaged. There already have been significant changes due to the COVID years, and the staff is working hard to make up for what has been eliminated. PLEASE do NOT eliminate the funding that was dedicated earlier. If this community wants to have a broader reach into the the Pacific NW, the city needs to tap every potential asset, and the Admiral is one of the best … we need to be able to INCREASE the awareness of the younger population about downtown…drawing in entertainment for them, finding ways to welcome and involve them, not hamstrung by constant budgetary concerns. Managing the myriad tasks required to operate at a level which will draw the business we need in Bremerton is staggering. Please support the Admiral at the level required; I am sure the city WILL see the benefits. I am grateful for the relationships existing in this community, and I thank you for your service on the City Council. Sincerely, Susan Martin, District 7 martinlasu99@gmail.com 126 Sereno Circle Drive Bremerton, WA 98312 From: Karman Trull <karmantrull@gmail.com> Sent: Thursday, November 10, 2022 8:02 PM To: City Council <City.Council@ci.bremerton.wa.us> Subject: 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 the Admiral Theater. It is the best thing to happen to downtown Bremerton. Causing it to loose large amounts of revenue would put its existence in jeopardy. Please don’t let this happen! Sincerely Karman Trull From: Linda Douglas <hondodog@comcast.net> Sent: Thursday, November 10, 2022 8:03 PM To: City Council <City.Council@ci.bremerton.wa.us> Subject: Admiral Theatre funding request 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 contract to provide essential funding for this jewel of Bremerton. They provide so much to this community, and I feel that it’s one of the best places here in our downtown. I think they’re vital to the revitalization of our downtown. People come to shows there even from Seattle. I would hate to think of it having to shut down, or downgrade what they offer so many. Thank you so much, Linda Douglas 320 Washington Ave. Bremerton From: juergen oswald <juergen_oswald@hotmail.com> Sent: Thursday, November 10, 2022 9:48 PM To: City Council <City.Council@ci.bremerton.wa.us> Subject: 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. Dear Council Members, Please maintain critical funding support for the Admiral Theatre Foundation. • Live Entertainment Venues were amongst the hardest hit entities during the pandemic • Downtown Bremerton needs all the help it can get to raise its profile • Another shuttered building of this historic significance would just be another nail in the coffin of an already depressing environment • A vibrant Downtown is critical in attracting more residents and businesses to fill the many empty buildings Please invest in Bremerton so we can stop calling ourselves Bummerton. Thank you. Juergen Oswald 320 Washington Ave. #403 Bremerton, WA 98337 From: Andrew Dee <andrewd@smallwoodconstruction.com> Sent: Friday, November 11, 2022 9:30 AM To: City Council <City.Council@ci.bremerton.wa.us> Cc: Andrew Dee <andrewd@smallwoodconstruction.com> Subject: Admiral Theater $60k 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 Denise, Jeff, Quinn, Michael, Anna and Eric of the Bremerton City Council, None of you are represent my area, I live in Hansville. I occasionally visit Bremerton and when I do, it is usually to see a show at the Admiral. When I go there, I always see quite a few people I recognize from the Kingston, Poulsbo area, we are well represented. We usually have dinner before the show at a local restaurant. I’ve lived around here for 30 years and I’m aware of the monies that have been spent improving your City and I can tell you as an observer you have turned things around and your downtown is much more attractive. We try and support that Don’t drop the ball here. Vote for the $60K and more. The Admiral is a gem that we can see and feel the attraction from miles away. It is small potatoes now for big ones later. Thanks, Andrew Dee From: Deanna Dowell <ddowell@wavecable.com> Sent: Friday, November 11, 2022 11:09 AM To: City Council <City.Council@ci.bremerton.wa.us> Subject: 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. Please continue to support the Admiral Theatre Foundation by extending the 5-year funding contract. The Admiral Theatre keeps our Downtown alive. Perhaps you have not heard the story of the National Daughters of Norway Convention in Bremerton in 2021. Three Daughters’ lodges hosted the convention - Poulsbo, Port Townsend, and Olympia. Bremerton/Kitsap Conference Center was the perfect place to receive delegates and members - close to Seattle, Sea-Tac, and easy driving distances for the local lodges…plus nice hotels within walking distance. ONE PROBLEM - the group in charge was scared of Bremerton. I was the only member who lived in Bremerton - I was shocked - why would people be scared of Bremerton?? To assure the hosts, I planned a first afternoon ‘Story Walk’ with Josh Farley, touring the downtown area, explaining the historic military significance, and ending up at the Admiral for dinner and a Trivia evening. It was a very successful evening - members from eight states enjoyed the walk - the talk - the vintage Admiral - and the safe comfort of easily understanding the layout of Bremerton was exactly what the hosts…and the members needed to be very comfortable in our city. When Mayor Wheeler came the next evening to welcome the 250+ delegates/members, it was the night that the USS Teddy Roosevelt slowly moved into its dock at PSNS. The women rushed to the patio/deck area as Mayor Wheeler explained why the ship was here and what this industry does for our town. The Admiral keeps Bremerton Downtown alive. Deanna Dowell Sent from my iPad From: Steve Brixey <steve.brixey@outlook.com> Sent: Sunday, November 13, 2022 7:26 PM To: City Council <City.Council@ci.bremerton.wa.us> Subject: Council Support for funding for Admiral Theater Foundation 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 Admiral Theater brings many people to the city from other areas, including Seattle, Tacoma, and Olympia. This, I believe is in the best interest of everyone's vision for the future of Bremerton by providing quality preforming arts entertainment for us all. I would like to request the council consider supporting the five-year extension of the support contract to the Admiral Theater Foundation. Thanks you for your consideration, Steve Brixey PO Box 2508 Silverdale, WA 98383 From: John White <moleman3706@gmail.com> To: city.council@ci.bremerton.wa Cc: Bcc: Date: Fri, 11 Nov 2022 13:14:20 -0800 Subject: Admiral Theater Funding To City Council: As annual members of the Admiral Theater, we were recently informed that the stripping of the long term disbursement of the annual $60K funding for operation is being considered for curtailment. We are greatly disappointed in your pursuit of any such action, should this actually occur. This is the only venue in Bremerton that provides high quality entertainment for the entire family at a reasonable price. Should you pursue this action, you will certainly become a party to massive price increases, inhibit the ability of the theater to book continued quality entertainment and also negatively impact the walk in traffic that downtown businesses now receive from theater clients. In short, the curtailment of funding will be absolutely counter to growing the downtown business environment. It's time to dismiss any action which decreases theater funding before the adverse effects are realized. John & Chris White From: Allan Browning <abrowning@visionquestit.com> Sent: Friday, November 11, 2022 12:31 PM To: City Council <City.Council@ci.bremerton.wa.us> Cc: brian@admiraltheatre.org; nita@admiraltheatre.org 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 Bremerton City Council, My wife and I recently learned that the Bremerton City Council is considering reducing the current allocation of $150,000 supporting the Admiral Theatre down to $90,000. We would like to encourage the Council to reconsider this if at all possible. Sue and I have been deeply involved in local non-profit organizations ourselves, I was President of the Tustin California Chamber of Commerce and a Commander of the American Legion Post 227, and Sue was Treasurer for Tustin’s, Dollars for Scholars, so we understand the struggle these organizations go through in order to maintain their ability to support the organizations that are such a benefit to the communities they support. We have always been advocates of the Arts and had regularly attended the Orange County Segerstrom Center for the Arts, having recently relocated here to Kitsap County, we were delighted to find the Admiral Theatre. We are consistently amazed by the quality of programming that is available and are delighted to be season ticket holders. I would encourage the Council to consider the funding of the Admiral Theatre as an investment rather than an expense. The Admiral is certainly a draw to downtown Bremerton and as such, has a significant impact on the retailers and restaurants near the theatre. On average, Sue and I attend at least 24 events a year at the Admiral and typically spend a considerable amount each visit dining at the local restaurants such as: • Horse & Cow Bar & Grill • El Balcon • Yoko Yoko Ramen • Axe & Arrow Gastropub • Remedy Speakeasy • Fritz Fry House We also walk around the shops and make purchases at places such as: • Ballast Book Company • Vulca's Mediterranean Market • Collective Visions Gallery • Gastro Pup Pet Store So in addition to the cost of Season Tickets, we spend at least that amount again at the local restaurants and shops which we likely would not do if it were not for the Admiral Theatre. Respectfully, Allan & Sue Browning Please CC: 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 CC: Nita Hartley, Development Director - Admiral Theatre Foundation Brian Johnson, Executive Director - Admiral Theatre Foundation From: Sarah Kleehammer <sarahkleehammer@gmail.com> Sent: Tuesday, November 15, 2022 5:17 PM To: City Council <City.Council@ci.bremerton.wa.us> Subject: Admiral Theatre funding - YES! To Bremerton City Council, (Though my specific council representative is Jeff Coughlin, this should reach all who make this decision) Thank you for your time and diligence to hear the views of this Bremerton resident. It came to my attention recently that the city was to vote on a fund renewal for The Admiral Theatre. I understand this to be a formality and hope that this message is just extra praise for what this theater brings to the community. Theaters and non-profits rely on government and individual funding - and from my in theater and nonprofits - have never been able to operate solely on ticket sales. Please continue the partnership the City of Bremerton has with The Admiral Theatre by voting to renew the funding (I believe from the lodging tax?). There is nothing like this theater in the immediate vicinity. Bremerton is enriched by the culture The Admiral brings to its people. And having it as an option for a venue (stage, seating, lights and sound system) is so important for this community; a place to come together and share an experience. The revitalization of good ole B-town has taken many shapes, and I have been so pleased that The Admiral Theatre has stood grandly in the middle of it all. In art we trust, Sarah Kleehammer 1617 Winfield Ave, Bremerton, WA 98310 206-351-2547 From: kim.thunder@comcast.net <kim.thunder@comcast.net> Sent: Wednesday, November 16, 2022 5:29 PM To: City Council <City.Council@ci.bremerton.wa.us> Subject: Admiral Theatre Foundation Funding To Bremerton City Council, I am writing to request that you seriously re-consider the possibility of stripping the Admiral Theatre of it’s 501c3 non profit status. Many businesses are struggling to stay afloat after the pandemic and as a council I would hope you think twice about being a part of the problem rather than assisting in the solution to allow them to regain lost profits. The Admiral Theatre is a community staple which allows residents to remain in Bremerton for activities and brings residents from the surrounding area to come together to not only support the theatre but also support the local restaurants and shops that they most likely will go to on the way. The wonderful thing about these small theaters is not only community but also allows for an evening out without emptying the pocketbook. Many families are struggling and the Admiral Theatre has wonderful entertainment at a price most anyone can afford. I thank you for your time reading this email and hope you can come up with other ways to work through your city budget without taking away from the Admiral. Kim Thunder Surrounding resident Published for November 9, 2022 Study Session Public Comments Admiral Theatre Operating Agreement Addendum #5 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: Resolution No. 3355 in support of changes to the Washington State Ferries Restoration Plan Study Session Date: November 9, 2022 COUNCIL MEETING Date: November 16, 2022 Department: City Council Presenter: Jeff Coughlin Phone: (360) 473-5280 SUMMARY: There has been ongoing concern about the lack of reliability for ferry service. Through the proposed Resolution, the City Council is now “urging Washington State Ferries, the Washington Department of Transportation, and Governor Inslee to enact changes to the WSF Restoration Plan that would increase Bremerton-Seattle route reliability, provide funding to Kitsap Fast Ferries to increase Bremerton service and offset extra expenses incurred by riders, and improve citizen communication”. ATTACHMENTS: 1) Resolution No. 3355; and 2) Supplemental Information FISCAL IMPACTS (Include Budgeted Amount): N/A STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☒ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve Resolution No. 3355 as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/18 7B Page 1 of 3 Resolution Document Reference Rev. 10/2022 RESOLUTION NO. _______ A RESOLUTION of the City Council of the City of Bremerton, Washington, urging Washington State Ferries, the Washington Department of Transportation, and Governor Inslee to enact changes to the WSF Restoration Plan that would increase Bremerton-Seattle route reliability, provide funding to Kitsap Fast Ferries to increase Bremerton service and offset extra expenses incurred by riders, and improve citizen communication. WHEREAS, there are two ferry routes operated by Washington State Ferries (“WSF”) that directly connect Kitsap County to the City of Seattle, the Bremerton-Seattle and Bainbridge Island-Seattle routes; and WHEREAS, according to the latest U.S. Census data (July 1, 2021; V2021), the City of Bremerton is the largest incorporated city in Kitsap County, with a population of 44,122, nearly twice that of the next-largest city, Bainbridge Island, with a population of 24,546; and WHEREAS, per the same U.S. Census data, the City of Bremerton has the lowest median household income ($57,963), less than half of the City of Bainbridge’s median household income ($125,861); and WHEREAS, per the same U.S. Census data, the City of Bremerton has the highest percent of persons in poverty (14.8%), four (4) times the percentage of the City of Bainbridge (3.7%), and over seven (7) times by number of persons; and WHEREAS, per the same U.S. Census data, the City of Bremerton has a non- White population of 29.8%, more than triple the percentage, and five and a half (5.5) times by total population, the City of Bainbridge’s Non-White population of 9.8%; and WHEREAS, the WSF COVID-19 Service Restoration Plan (“C19SRP”) considers a route fully restored when operating with enough boats to meet ridership demand at 95% or higher reliability over three weeks; and WHEREAS, the WSF C19SRP prioritizes fully restoring the highest priority route before allocating resources to a lower prioritized route; and WHEREAS, the WSF C19SRP prioritized the Bainbridge-Seattle route second out of nine (9) routes, while the Bremerton-Seattle route is prioritized at sixth; and WHEREAS, per WSF C19SRP Progress Reports the Bainbridge route has been operating at 99–100% reliability for over 8 months, while the Bremerton route has been consistently at 53% reliability over that same time period; and WHEREAS, even per the latest WSF C19SRP Progress Report the Bremerton route is not expected to be restored until sometime in Spring 2023 at the earliest; and Page 2 of 3 Resolution Document Reference Rev. 10/2022 WHEREAS, Bremerton riders are reporting that announcements and notifications of cancellations and delays are not occurring in a timely matter; and WHEREAS, ridership numbers should not be wholly relied on for prioritization due to many travelers choosing to take the Bainbridge ferry due both to Bremerton’s current and historically low reliability; and WHEREAS, Bremerton’s economy has suffered from lack of tourism and visitors, especially during the summer months, due to unreliable WSF service; and WHEREAS, many Bremerton residents have had to travel to Seattle for medical treatment due to the degrading conditions at St. Michael Medical Center; and WHEREAS many Bremerton pedestrians have to take the Kitsap Transit Fast Ferry to travel to Seattle, which costs 27% more than WSF service for an adult round-trip; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Strongly urges WSF to utilize equity as a factor in decision-making. SECTION 2. Strongly urges WSF to adapt their COVID-19 Service Restoration Plan to build more flexibility into the restoration process, instead of the current route-by-route resource allocation, thus overall prioritizing Bremerton reliability to be on par with other routes. SECTION 3. Strongly urges WSF to explore and consider the use of boat-sharing between the Bainbridge and Bremerton routes to balance the load and increase Bremerton reliability. SECTION 4. Strongly urges Governor Inslee and the Washington Department of Transportation (“WSDOT”) to provide funding to expand the Kitsap Fast Ferry service in Bremerton to cover gaps in the WSF ferry schedule. SECTION 5. Strongly urges Governor Inslee and WSDOT to provide funding to offset the fares of Kitsap Fast Ferry Bremerton service to provide Fast Ferry round-trip tickets at equivalent prices to WSF round-trip fares. SECTION 6. Strongly urges improvement in WSF public communication to more timely communicate service delays and cancellations. SECTION 7. Commends the Bremerton Ferry Coalition, composed of concerned local citizens, for their organization, activism, and commitment to improving Bremerton’s ferry service. Page 3 of 3 Resolution Document Reference Rev. 10/2022 SECTION 8. Severability. If any one or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. SECTION 9. Effective Date. This Resolution shall take effect and be in force immediately upon its passage. PASSED by the City Council of the City of Bremerton, Washington this _____ day of __________________, 2022. MICHAEL GOODNOW, Council President APPROVED AS TO FORM: ATTEST: KYLIE J. FINNELL, City Attorney ANGELA HOOVER, City Clerk QuickFacts Kitsap County, Washington; Poulsbo city, Washington; Bainbridge Island city, Washington; Port Orchard city, Washington; Bremerton city, Washington QuickFacts provides statistics for all states and counties, and for cities and towns with a population of 5,000 or more. Table All Topics Population Estimates, July 1 2021, (V2021)274,314 11,891 24,546 15,979 44,122 PEOPLE Population Population Estimates, July 1 2021, (V2021)274,314 11,891 24,546 15,979 44,122 Population estimates base, April 1, 2020, (V2021)275,611 11,968 24,762 15,590 43,886 Population, percent change - April 1, 2020 (estimates base) to July 1, 2021, (V2021)-0.5% -0.6%-0.9%2.5%0.5% Population, Census, April 1, 2020 275,611 11,975 24,825 15,587 43,505 Population, Census, April 1, 2010 251,133 9,200 23,025 11,144 37,729 Age and Sex Persons under 5 years, percent 5.2%3.8%4.3%8.6%6.7% Persons under 18 years, percent 19.9% 19.2%22.1% 23.7%17.2% Persons 65 years and over, percent 19.1% 22.0%26.4% 14.3%12.6% Female persons, percent 48.7%53.4% 51.3%49.3% 47.5% Race and Hispanic Origin White alone, percent 82.1%85.4% 90.2%73.4% 71.2% Black or African American alone, percent (a)3.1%1.1%0.4%3.5%5.7% American Indian and Alaska Native alone, percent (a)1.7%0.0%0.3%0.7%0.7% Asian alone, percent (a)5.5%3.4%3.0%4.8%5.3% Native Hawaiian and Other Pacific Islander alone, percent (a)1.0%0.6%0.0%3.1%0.7% Two or More Races, percent 6.6%6.0%5.0% 12.2%11.0% Hispanic or Latino, percent (b)8.5% 10.4%3.2% 12.8%12.2% White alone, not Hispanic or Latino, percent 75.5%80.2% 88.2%67.3% 67.0% Population Characteristics Veterans, 2016-2020 32,540 1,203 1,722 1,918 4,434 Foreign born persons, percent, 2016-2020 6.7%7.6%7.5%7.2%7.1% Housing Housing units, July 1, 2021, (V2021)114,783 X X X X Owner-occupied housing unit rate, 2016-2020 68.1%56.7% 80.9%60.1% 45.9% Median value of owner-occupied housing units, 2016-2020 $362,700 $389,300 $783,600 $357,500 $270,100 Median selected monthly owner costs -with a mortgage, 2016-2020 $1,834 $1,929 $2,846 $1,932 $1,502 Median selected monthly owner costs -without a mortgage, 2016-2020 $608 $629 $947 $593 $495 Median gross rent, 2016-2020 $1,349 $1,427 $1,612 $1,343 $1,135 Building permits, 2021 2,285 X X X X Families & Living Arrangements Households, 2016-2020 105,758 4,851 10,170 5,517 16,750 Persons per household, 2016-2020 2.46 2.22 2.43 2.44 2.23 Living in same house 1 year ago, percent of persons age 1 year+, 2016-2020 83.4%83.8% 86.1%77.5% 74.2% Language other than English spoken at home, percent of persons age 5 years+, 2016-2020 7.5% 10.2%6.2%8.2%8.5% Computer and Internet Use Households with a computer, percent, 2016-2020 95.8%95.7% 98.8%93.8% 93.4% Households with a broadband Internet subscription, percent, 2016-2020 92.7%91.8% 95.5%91.6% 88.9% Education High school graduate or higher, percent of persons age 25 years+, 2016-2020 94.9%95.4% 98.9%92.9% 94.4% Bachelor's degree or higher, percent of persons age 25 years+, 2016-2020 34.4%39.6% 72.9%27.9% 25.6% Health With a disability, under age 65 years, percent, 2016-2020 10.5%7.4%4.3% 11.2%14.1% Persons without health insurance, under age 65 years, percent 6.1%3.8%2.2%7.9%8.3% An official website of the United States government Kitsap County, Washington Poulsbo city, Washington Bainbridge Island city, Washington Port Orchard city, Washington Bremerton city, Washington Economy In civilian labor force, total, percent of population age 16 years+, 2016-2020 55.1%55.4% 55.9%53.8% 51.6% In civilian labor force, female, percent of population age 16 years+, 2016-2020 52.5%52.2% 51.7%51.3% 51.2% Total accommodation and food services sales, 2017 ($1,000)(c)640,883 50,186 49,378 62,389 129,713 Total health care and social assistance receipts/revenue, 2017 ($1,000)(c)1,619,130 150,577 91,909 149,003 749,949 Total transportation and warehousing receipts/revenue, 2017 ($1,000)(c)134,303 13,556 5,821 5,520 65,034 Total retail sales, 2017 ($1,000)(c)3,319,099 378,834 193,870 557,967 832,068 Total retail sales per capita, 2017 (c)$12,448 $35,451 $7,888 $39,826 $20,451 Transportation Mean travel time to work (minutes), workers age 16 years+, 2016-2020 30.0 27.1 40.5 31.2 26.7 Income & Poverty Median household income (in 2020 dollars), 2016-2020 $78,969 $72,813 $125,861 $71,719 $57,963 Per capita income in past 12 months (in 2020 dollars), 2016-2020 $39,993 $39,166 $66,883 $31,757 $31,624 Persons in poverty, percent 8.3% 10.7%3.7% 13.6%14.8% BUSINESSES Businesses Total employer establishments, 2020 6,016 X X X X Total employment, 2020 63,101 X X X X Total annual payroll, 2020 ($1,000)2,708,367 X X X X Total employment, percent change, 2019-2020 -1.1%X X X X Total nonemployer establishments, 2019 15,936 X X X X All employer firms, Reference year 2017 5,255 551 909 536 864 Men-owned employer firms, Reference year 2017 2,513 S S 234 411 Women-owned employer firms, Reference year 2017 1,056 116 S 90 143 Minority-owned employer firms, Reference year 2017 607 S 96 S 149 Nonminority-owned employer firms, Reference year 2017 3,983 396 675 365 563 Veteran-owned employer firms, Reference year 2017 S 21 S S S Nonveteran-owned employer firms, Reference year 2017 4,085 426 739 377 593 GEOGRAPHY Geography Population per square mile, 2020 697.6 2,528.0 899.0 1,616.2 1,530.2 Population per square mile, 2010 635.9 1,969.9 833.9 1,539.3 1,328.1 Land area in square miles, 2020 395.10 4.74 27.61 9.64 28.43 Land area in square miles, 2010 394.94 4.67 27.61 7.24 28.41 FIPS Code 53035 5355995 5303736 5355785 5307695 About datasets used in this table Value Notes Estimates are not comparable to other geographic levels due to methodology differences that may exist between different data sources. Some estimates presented here come from sample data, and thus have sampling errors that may render some apparent differences between geographies statistically indistinguishable. Click the Quick Info icon to the left of each row in TABLE view to learn about sampling error. The vintage year (e.g., V2021) refers to the final year of the series (2020 thru 2021). Different vintage years of estimates are not comparable. Users should exercise caution when comparing 2016-2020 ACS 5-year estimates to other ACS estimates. For more information, please visit the 2020 5-year ACS Comparison Guidance page. Fact Notes (a)Includes persons reporting only one race (c)Economic Census - Puerto Rico data are not comparable to U.S. Economic Census data (b)Hispanics may be of any race, so also are included in applicable race categories Value Flags -Either no or too few sample observations were available to compute an estimate, or a ratio of medians cannot be calculated because one or both of the median estimates falls in the lowest or upper interval of an open ended distribution. F Fewer than 25 firms D Suppressed to avoid disclosure of confidential information N Data for this geographic area cannot be displayed because the number of sample cases is too small. FN Footnote on this item in place of data X Not applicable S Suppressed; does not meet publication standards NA Not available Z Value greater than zero but less than half unit of measure shown QuickFacts data are derived from: Population Estimates, American Community Survey, Census of Population and Housing, Current Population Survey, Small Area Health Insurance Estimates, Small Area Income and Poverty Estimates, State and County Housing Unit Estimates, County Business Patterns, Nonemployer Statistics, Economic Census, Survey of Business Owners, Building Permits. CONNECT WITH US Measuring America's People, Places, and Economy Information Quality |Data Linkage Infrastructure |Data Protection and Privacy Policy |Accessibility |FOIA |Inspector General |No FEAR Act |U.S. Department of Commerce |USA.gov 1 MARCH 8, 2022 Washington State Ferries COVID-19 Service Restoration Plan Executive Summary This COVID-19 Service Restoration Plan describes the process by which Washington State Ferries will increase its service to meet increasing demand as the ferry system continues to recover from the pandemic. The goals of this plan are to maintain reliability of service, ensure that service restoration can be maintained, prioritize routes based on ridership needs, and facilitate transparency and customer communications. A return to full capacity of the system will be dependent on several variables, including: • The trajectory of the pandemic and ongoing impacts of COVID-19 on the workforce. • Ridership levels and accommodating the seasonal increase in summer peak season ridership. • The ability of WSF to recruit, hire and train new employees to fill key positions. • The rate of retirements and other separations that contribute to overall staffing levels. • Lack of vessels due to unanticipated breakdowns and an aging fleet. Because these variables are continuously shifting as the pandemic evolves, it is exceedingly difficult to pinpoint an exact date when ferry service will return to “normal.” WSF is currently operating on an “Alternate Service Plan,” a reduced level of service that is sustainable and provides predictability while WSF works to replenish and realign its resources. As crew and vessel resources become available over time, WSF plans to restore ferry service on a route- by-route basis in four stages: Stage 1: Route Prioritization To better focus its resources and efforts, WSF has prioritized ferry routes based on ridership, service performance, availability and directness of travel alternatives, and vessel and crew availability. This is the order in which routes will be restored to full capacity: • Anacortes/San Juan Islands • Seattle/Bainbridge Island • Mukilteo/Clinton • Edmonds/Kingston • Fauntleroy/Vashon Island/Southworth 2 WASHINGTON STATE FERRIES COVID-19 SERVICE RESTORATION PLAN • Seattle/Bremerton • Port Townsend/Coupeville • Anacortes/Sidney BC Stage 2: Alternate Service While a route is operating on its alternate, reduced schedule, WSF will assess crewing and vessel resources to determine when to increase service levels on the prioritized route. Stage 3: Trial Service The prioritized route will operate on its regular seasonal schedule on a trial basis. A route will be considered “restored” if it can operate at a 95% reliability rate for three weeks, which gives WSF enough time to measure the sustainability of the restored service. Stage 4: Route Restoration Route restoration is the point in which service schedules are restored to seasonally appropriate levels that meet ridership demand, and service meets reliability targets. Service restoration will take time, as WSF intends to ensure that each route is successfully restored and the system is stable before moving on to restoration of the next route. Once a route is restored, the process begins again until all routes are restored to full capacity. In addition to providing a framework for service restoration, the Service Restoration Plan details the necessary crewing and vessel levels needed to restore service, and outlines additional challenges related to service reliability. 3 WASHINGTON STATE FERRIES COVID-19 SERVICE RESTORATION PLAN Introduction and Overview Since the start of the COVID-19 pandemic, Washington State Ferries (WSF) has been continually adjusting its service to provide reliability and predictability for customers while facing a shortage of crewing and vessel resources required to fully operate the system. This COVID-19 Service Restoration Plan (Plan) describes the process by which WSF will increase its service to meet increasing demand as the ferry system continues to recover from the pandemic. While WSF understands the need for increased service and the ongoing impacts of reduced service on riders, a full recovery will take time and is dependent on several variables, including: • The trajectory of the pandemic and ongoing impacts of COVID-19 on the workforce. • Ridership levels and accommodating the seasonal increase in summer peak season ridership. • The ability of WSF to recruit, hire and train new employees to fill key positions. • The rate of retirements and other separations that contribute to overall staffing levels. • Lack of vessels due to unanticipated breakdowns and an aging fleet where one vessel needs to be retired next year. On top of the current COVID-19-related issues, WSF must also continue to address other systemic challenges to system reliability identified by previous planning efforts, including the 2040 Long Range Plan, and to implement recommendations resulting from these efforts once it emerges from the ongoing pandemic response. The Plan outlines the process WSF will use to restore full service on each of its routes; the order in which ferry routes will be prioritized for service restoration; and the many variables that impact WSF’s ability to restore service as quickly as it would like to. The first part of the Plan explains the service restoration framework and analysis, while the second part goes into greater depth about the factors affecting system reliability and what WSF is doing to increase capacity and resources. 4 WASHINGTON STATE FERRIES COVID-19 SERVICE RESTORATION PLAN Service Restoration Plan Goals The system restoration process has several goals: 1. Maintain reliability of service 2. Ensure that once service levels are restored on a route, they can be maintained 3. Prioritize routes based on ridership needs and provide predictability across the system on the order routes will return to full service 4. Provide transparency in how WSF makes service decisions 5. Facilitate streamlined customer communications Background: WSF’s COVID-19 Response Like other transit providers and organizations across the globe, WSF has been responding and adapting to changing conditions and challenges since the start of the COVID-19 pandemic. With ridership dropping to historic lows early in the pandemic, ferry service has fluctuated to meet demand and manage resources, as shown in Figure 1 which shows ridership levels and key milestones since the start of the pandemic in Feb. 2020. Figure 1: WSF Ridership and COVID-19 Response Milestones 5 WASHINGTON STATE FERRIES COVID-19 SERVICE RESTORATION PLAN As conditions have evolved since the beginning of the COVID-19 pandemic, WSF has updated service levels at several key points: • March 2020: The winter sailing schedule was extended due to crew and vessel shortages and ridership levels not seen since the 1960s. • June 2020: The COVID-19 Response Service Plan outlined how WSF adapted service early in the pandemic from historically low levels on the “Winter Baseline” season to progressive increases in service as ridership returned and resources became available. The plan also included potential supplemental service that could be added to the baseline schedule when feasible. • May 2021: WSF transitioned to “Summer Peak” season as crewing levels improved slightly, but some routes remained on lower than typical levels of service. • October 2021: In response to a spike in cancelled sailings due to lack of qualified crew, WSF started operating a temporary Alternate Service Plan to provide customers with more predictable and reliable travel in the face of severe crew shortages. • November 2021: WSF restored the Anacortes/San Juan Islands route to its regular four-boat winter sailing schedule on a trial basis and started working on a plan to incrementally restore service to other routes as crewing levels allow. The Four Pillars of Service WSF’s COVID-19 Response Service Plan, published in June 2020, outlined four necessary elements that must all be present for WSF to be able to provide sufficient ferry service. These “four pillars of service” are depicted in Figure 2 and include ridership, crewing, vessels, and funding. Each of WSF’s four pillars of service has been affected by COVID, specifically with: 1) a steep drop in ridership; 2) a lack of vessel availability; 3) a shortage of qualified crewmembers; and 4) significant decreases in revenue. WSF has been continuously monitoring the health of the four pillars in order to assess its ability to provide and restore service where possible. Currently, however, the ongoing pandemic and long-term, systemic challenges have persisted—causing the vessels and crewing pillars to remain unstable. While WSF is funded to provide pre-pandemic levels of service, in every other respect the ferry system has shrunk. Figure 2: The Four Pillars of Service 6 WASHINGTON STATE FERRIES COVID-19 SERVICE RESTORATION PLAN Ridership Early in the pandemic, ridership fell dramatically. In late March 2020, total ridership had fallen 78% compared to the same week in 2019. Vehicle ridership fell by 67%, with walk-on passenger ridership falling by 93%. While current ridership has rebounded since the peak of the pandemic, it remains depressed. Total system ridership in 2021 rose to roughly 72% of 2019 pre-COVID-19 numbers, with vehicles climbing to 85% and walk-on customers up to 42% of pre- pandemic levels. January 2022 saw a slight decrease in ridership compared to January 2021 as increasing COVID-19 cases again impacted the region. Vessels Vessel availability has recovered from the maintenance backlog brought about by the onset of the pandemic and the stay-at-home order that limited construction activity; however, the vessel pillar remains at high risk because of an aging, diminishing fleet. WSF had 24 vessels five years ago, but due to vessel retirements there are now only 21 active vessels in the fleet—an insufficient number for reliable service even without the pandemic. Another vessel, the Tillikum, is due to be retired in 2023. In addition, the fleet is aging, with more than half of the vessels over 30 years old, including three over 50 years old. With vessels in service more than 20 hours each day, finding time for required maintenance is difficult. To restore service reliably, WSF must be able to schedule planned maintenance for all vessels over the next several seasons by rotating vessels in and out of service, made more difficult by the lack of spare vessels and limited drydock space in the region. It takes multiple years to build new vessels, and WSF will not be able to add to the fleet quickly enough to address the loss of vessels due to recent and planned retirements. Crewing Currently, WSF is facing severe staff shortages that are unprecedented in its 70-year history. The effects of an international shortage of mariners, the COVID-19 pandemic, and the aging demographics of the workforce have combined to reduce staffing below levels necessary to reliably operate the system. This shortage has resulted in unplanned service reductions and a decrease in system reliability, especially as ferry ridership increases from the early part of the pandemic. Funding WSF’s operating budget is based on legislatively-approved service levels and is appropriated to the service level WSF was operating before the COVID-19 pandemic. With the biennial budget already established, funding is adequate to support current and restored service levels at this time. However, the pandemic-induced loss of ridership—and the loss of other business, such as advertising and galley service—has led to a corresponding loss in revenue. For the last 40 years, WSF’s fare recovery rate (the percentage of operating costs covered by direct fares and miscellaneous revenue) has averaged about 75%. With the reductions in ridership, the fare recovery rate is now about 57%. For the current biennium (21/23) and the next (23/25), the gap in revenue is being filled with federal COVID relief funds. So, for now, the federal relief funding is providing a stop-gap, however, this funding source is not sustainable beyond the next biennium. 7 WASHINGTON STATE FERRIES COVID-19 SERVICE RESTORATION PLAN Current Service Levels Alternate Service Plan Since October 2021, WSF has been operating on an “Alternate Service Plan,” which is a reduced level of service that better aligns with available resources. The purpose of the Alternate Service Plan is to provide customers with more predictable and reliable travel by minimizing unexpected cancellations while still providing critical links to island communities and travelers who depend on the ferry system. Gaps to Service Restoration WSF’s Alternate Service Schedule includes 30% fewer sailings than the regular winter schedule. As crew availability allows, WSF adds back supplemental service to individual routes on a daily basis. Table 1 summarizes the gaps between the service that is currently provided and the budgeted, traditional service levels based on the number of vessels assigned to each route. These “gaps” in service are what WSF needs to fill and what this Plan serves to address. ROUTE Current Alternate Service Traditional Winter Service Traditional Spring Service Traditional Summer Service Anacortes/ San Juan Islands 4 vessels, including 1 interisland-only vessel 4 vessels with 1 interisland-only on weekdays; 3 vessels without interisland- only on weekends 4 vessels, including 1 interisland-only vessel 5 vessels, including 1 interisland-only vessel Seattle/ Bainbridge 1 vessel, late-night sailings suspended 2 vessels w/ late-night sailings Mukilteo/ Clinton 1 vessel, late-night sailings suspended 2 vessels w/ late-night sailings 2 vessels w/ late-night sailings 2 vessels with additional late-night sailings Edmonds/ Kingston 1 vessel, late-night sailings suspended 2 vessels w/ late-night sailings 2 vessels w/ late-night sailings Fauntleroy/ Vashon/ Southworth 2 vessels on weekdays, 2 vessels on weekends, late-night sailings suspended 3 vessels on weekdays, 2 vessels on weekends 3 vessels on weekdays, 3 on weekends with #3 boat at 8 hrs/day 3 vessels on weekdays, 3 on weekends with #3 boat at 16 hrs/day Seattle/ Bremerton 1 vessel 2 vessels 2 vessels Anacortes/ Sidney No sailings to Sidney 1 sailing to Sidney 2 sailings to Sidney Port Townsend/ Coupeville 1 vessel 2 vessels in “shoulder” season (begins early May); 1 for early spring 2 vessels Point Defiance/ Tahlequah 1 vessel Table 1: Alternate Service Plan Compared to Traditional Service Levels 8 WASHINGTON STATE FERRIES COVID-19 SERVICE RESTORATION PLAN Service Restoration Approach The legislature has established a series of performance metrics and goals that WSF continually strives to meet. One of those metrics is service reliability; the goal is for WSF to complete 99% of its scheduled sailings. From 2018 through 2020, WSF exceeded this goal systemwide, though some individual routes experienced less than 99% reliability. In 2021, WSF fell short of this service reliability goal at 98.3% systemwide. This drop in reliability can be directly correlated with COVID impacts on crewing and vessel resources. Figure 3: Service Reliability: Jan. 2019-Jan. 2022 WSF’s approach to service restoration is grounded in this metric. WSF has prioritized the order of route restoration based on a number of factors, including ridership, crew and vessel availability, alternate access and others (described below). As the agency continues to recover from the pandemic and rebuild its human and capital resources, it will restore service route by route. Once full service can be maintained on a route for a three week period at 95% reliability, WSF will consider that route “restored” and focus on restoring the next route. When service has been restored across the system, WSF will then work to bring all routes up to 99% reliability. The process monitors both systemwide trends and route-level performance metrics to ensure that once service levels are restored on a route, they can be maintained without affecting systemwide reliability. The system trends WSF will monitor include positive hiring numbers with steady employee retention, decreasing COVID-19 related relief requests and steady system reliability. WSF will consider route-level resources such as the availability of a vessel of the right size for the route and the number of unfilled (“open”) positions for both licensed and unlicensed deck and engine crew to determine when to restore service to an individual route. 9 WASHINGTON STATE FERRIES COVID-19 SERVICE RESTORATION PLAN Service Restoration Process When considering the restoration of a route, WSF will analyze information and make service decisions in four phases. Figure 4 illustrates the service restoration process that will be repeated for each route. Figure 4: COVID-19 Service Restoration Plan Process 10 WASHINGTON STATE FERRIES COVID-19 SERVICE RESTORATION PLAN The pandemic and its impacts are constantly evolving—situational circumstances and the status of resources sometimes change with very little notice, and it is difficult to predict trends and travel patterns. However, should resources become available, it is possible for more than one route to move through the restoration process at one time. WSF will make decisions at each step in the process with the best data available at the time, using existing tools and data sources. Stage 1: Route Prioritization WSF will restore service on a route-by-route basis. To do so effectively, WSF prioritized the routes to guide where to focus resources as they become available. The prioritized list of routes (the order in which service restoration will occur) is: • Anacortes/San Juan Islands • Seattle/Bainbridge Island • Mukilteo/Clinton • Edmonds/Kingston • Fauntleroy/Vashon Island/Southworth • Seattle/Bremerton • Port Townsend/Coupeville • Anacortes/Sidney BC This prioritization is based on key factors that WSF continuously monitors, as outlined below. While every aspect of these factors cannot be quantified, together they provide the basis used for route prioritization. Ridership To assess how service levels are aligned with travel demand, WSF reviewed 2021 total ridership and compared it to 2019 ridership as an indicator of how much ridership the route has recovered relative to pre-pandemic levels. It is worth noting that some ridership may have been permanently disrupted from the pandemic due to increased telework and other pandemic-related changes, causing a permanent shift in rider demand on some routes. Service Performance Routes were reviewed for trends in on-time performance and occurrences of vehicle overloading to provide insight into where limited service capacity may be struggling to meet ridership demand. Availability and Directness of Travel Alternatives Route prioritization considers the travel corridor served, availability of other travel options for each route, and the time required to travel using alternatives, including alternate WSF routes, passenger-only ferry services, and driving around. Crew and Vessel Availability The route prioritization list takes a service focus in ordering the routes, and WSF will continually review throughout the service restoration process to ensure alignment with any changes to resource availability that may be route- specific, including crewing and vessels. 11 WASHINGTON STATE FERRIES COVID-19 SERVICE RESTORATION PLAN Stage 2: Alternate Service While a route is operating on an alternate schedule—which is less than the typical, budgeted service level—WSF is assessing crewing and vessel resources, as well as system metrics of overall vessel availability and hiring and call-out trends. WSF will consider the following metrics to determine when to increase service levels on a given route: Vessel Availability With a 21-vessel fleet,19 boats needed for full summer service and 18 for spring and fall, vessel availability is a key component of service restoration. There is not enough time in the year nor enough drydock space to conduct necessary maintenance and preservation work solely during slower seasons, so some must be done in summer. WSF will look at planned vessel maintenance and what vessels are available over the next two seasons to determine if a vessel, or combination of vessels of an appropriate class, is available to operate on the route without interruption. Crew Availability WSF will review positions needed for service (deck and engine) for the next route on the prioritization list and will use deck route lists and engine crew lists to confirm all positions can be filled reliably, with enough available on-call positions able to support that route. Crew availability is especially constrained—not only because of a worldwide mariner shortage and an increased turnover rate because of COVID and a retiring workforce—but also because deployment of crew is highly regulated by the U.S. Coast Guard, detailed labor agreements and other legal requirements. Stage 3: Trial Service When a route moved to the Trial Service stage it operates on its regular seasonal schedule on a trial basis. The trial service stage is focused on monitoring the reliability of a route to ensure stability of labor and vessel resources and potential impacts to the system as a whole. Before service is considered permanently “restored,” a route must operate with 95% reliability for three weeks. Reliability This stage will include monitoring for a minimum of three weeks to capture trends from crew scheduling which occurs in two-week scheduling increments. Planning for the implementation of restored service can commence after the third week of Stage 3 monitoring if crew and vessel resources remain stable. Reliability will be reviewed at both the route and system level and compared with seasonal 2019 levels. 12 WASHINGTON STATE FERRIES COVID-19 SERVICE RESTORATION PLAN Stage 4: Route Restoration Route restoration is the point in which service schedules are restored to seasonally appropriate levels that meet ridership demand, and service meets reliability targets. Service restoration will take time, as WSF intends to ensure that each route is successfully restored and the system is stable before moving on to restoration of the next route. Once a route is restored, the process begins again until all routes are restored to full capacity. Once service returns to traditional levels, a route is still subject to cancelled sailings due to weather, unplanned vessel repairs, law enforcement activity and many other operational impacts that contribute to lower service reliability. Timeline for Service Restoration The timeframe for restoration is a delicate balance of providing needed service with reliability for customers. As service restoration progresses, WSF anticipates the system will face increased risk to reliability as crewing and vessel resources become more strained, especially as ridership increases in the late spring and summer months. The unpredictable nature of the pandemic and other constraints on resources—such as vessel scarcity and permanent changes in ridership—also impact how quickly service can return to “normal.” At this time, it is virtually impossible to predict with certainty if and when the ferry system will return to pre-pandemic operations. ANACORTES/SAN JUAN ISLANDS ROUTE SERVICE RESTORATION WSF restored the Anacortes/San Juan Islands route to its regular winter schedule on Nov. 19, 2021 on a trial basis. The route was in the Trial Service stage for longer than the three-week monitoring period as the December snowstorm, omicron case counts and other factors prevented it from meeting the 95% threshold for service reliability to be considered fully restored. The route completed 99.38% of its scheduled trips from Jan 15-Feb 9, 2022. During this time, only 9 sailings were cancelled due to lack of crew. Based on these metrics, WSF considers the route fully restored and it will continue to operate on its regular seasonal schedule. 13 WASHINGTON STATE FERRIES COVID-19 SERVICE RESTORATION PLAN Crewing Challenges and Staffing Levels Needed to Restore Service The rest of this Plan describes in detail the challenges and considerations that WSF is facing as it implements the service restoration plan described above. WSF employs nearly 1,900 people on vessels, in terminals, at the Eagle Harbor Maintenance Facility, and at the headquarters facility in Seattle. The management, maintenance, and operation of the ferry system depend on many specialized positions responsible for transporting people and goods in a marine environment 24 hours a day, 365 days a year. These specialized employees, such as deck officers and engineers, undergo years of training, certifications and sailing time before they are qualified to serve in these positions. As shown in Figure 5, the number of WSF vessel employees, deck and engine, is below July 2019 staffing levels, which is when WSF last operated a full summer sailing schedule. Staffing levels for July 2019 were higher for every category, licensed and unlicensed deck and licensed and unlicensed engine, than the number of employees WSF had as of the end of January 2022. Figure 5: Comparison of Vessel Employees in July 2019 vs. January 2022 Because ferries are crewed at the minimum levels required by the U.S. Coast Guard, the loss of a single crewmember means a vessel cannot sail, and a trip or multiple trips must be cancelled. Cancellations are only made after WSF’s dispatchers make hundreds of calls to on-call and other staff trying to fill vacancies. Figure 6 illustrates the licensed and unlicensed positions required for each sailing, including the range in number of positions across each vessel class. The four types of positions—licensed and unlicensed deck, and licensed and unlicensed engine room—each have different considerations and constraints on scheduling and dispatch based on labor contracts such as the distance an employee can travel to each terminal, restrictions on work hours, licenses required for different routes and vessel classes and seniority considerations. 14 WASHINGTON STATE FERRIES COVID-19 SERVICE RESTORATION PLAN Staffing Levels The number of positions needed to provide scheduled service on a given route is based on the U.S. Coast Guard-mandated crew required to sail each assigned vessel, and the number of watches (crew shifts) to provide the scheduled service. However, WSF must maintain more than the minimum levels of crewing needed to operate the system on a daily basis, to replace crewmembers who are out for long-term and short-term reasons, such as vacation, sick and other protected leave, and employees who are in required training. Increasing Rates of Relief Requests The total number of employees in each category needed to staff all watches daily depends on the amount of relief requests submitted by scheduled employees, and the availability of on-call and relief crew to backfill positions. Relief requests can come in at the last minute, directly influencing WSF’s ability to operate scheduled service. There have been several spikes in relief requests during the COVID-19 pandemic, and requests have not followed historic patterns (i.e., employees typically take more vacation leave during summer months and holidays). As shown in Figure 6, the surge in cases caused by the omicron variant led to 7,419 relief requests (or an average of 239.3/day) in January 2022, which is considerably higher than any January in the last several years. Because the patterns in relief requests have not matched typical years, there is a strain on the relief pool, which makes it challenging to predict patterns and to ensure adequate crewing levels for all watches. Figure 6: Vessel Crew Composition 15 WASHINGTON STATE FERRIES COVID-19 SERVICE RESTORATION PLAN Figure 7: Number of Relief Requests by Month, Jan. 2018-Jan. 2022 The spike in relief requests mean that WSF needs an even higher ratio of relief crew to fill scheduled positions than it has needed in the past. The high level of relief requests is expected to continue due to an aging workforce and the amount of leave time available to more senior, long-term employees. Figure 8 shows the number of staff WSF needs to hire to meet target staffing levels across all vessel crew positions. Figure 8: Staffing Needs Compared to Current Staffing Levels 5624 5367 5,288 8,230 5,766 4,786 7,419 4000425045004750500052505500575060006250650067507000725075007750800082508500 Jan 2018Mar 2018May 2018Jul 2018Sep 2018Nov 2018Jan 2019Mar 2019May 2019Jul 2019Sep 2019Nov 2019Jan 2020Mar 2020May 2020Jul 2020Sep 2020Nov 2020Jan 2021Mar 2021May 2021Jul 2021Sep 2021Nov 2021Jan 2022Relief Requests by Month (January 2018 through January 2022) - Monthly Totals 16 WASHINGTON STATE FERRIES COVID-19 SERVICE RESTORATION PLAN Additional Crewing Challenges WSF is currently tracking two additional challenges directly related to filling all watches and restoring service. The challenges highlight the difficulty of providing reliable service with fewer employees. Positive COVID-19 Cases During the first two weeks of January 2022, WSF saw a high number of employees out on quarantine each day— an average of 51 COVID-related call-outs per day. This number does not include other pandemic-related reasons employees called out, such as lack of childcare or caring for a sick family member, that are reflected in the total number of relief requests. With COVID-19 numbers currently declining, WSF is seeing a downward trend of COVID-19 relief requests, as shown in Figure 9. Figure 9: COVID-19-related Relief Requests, 2022 year-to-date Shortage of Licensed Deck Officers The number of licensed deck officers is the biggest crewing challenge facing WSF. Ideally, WSF would have approximately 190 licensed deck officers in the system. As of January 2022, WSF has 165 licensed deck officers. These highly skilled and highly credentialed positions are challenging to fill. To sail as a licensed deck officer at WSF, a crew member must not only possess the required U.S. Coast Guard license, but they must also acquire the necessary pilotage and working knowledge of the vessels. Historically, while obtaining this training, they were also expected to work in an unlicensed position in the fleet, which can be undesirable for those coming in with hard-earned maritime experience and credentials they could not use until the training element was completed. WSF has recently entered an MOU with labor partners to eliminate some of these barriers. Fifteen crewmembers are enrolled in the Spring 2022 New Mate Orientation; this is required training for new licensed deck officers. Once these new officers are eligible to work in the system, it will help alleviate some of the crewing constraints that are contributing to reduced service. 17 WASHINGTON STATE FERRIES COVID-19 SERVICE RESTORATION PLAN Hiring Progress and Success: Engine Crew A lack of engine room crew has posed a large threat to WSF’s ability to fully crew vessels and maintain service reliability, though the situation is improving. Unlike deck crew, which are assigned to a specific route, engine room crew are assigned to a vessel. This means that all vessels must be staffed at all times, even if not in service. Finding and retaining qualified engine room crew at all levels has proven to be extremely challenging: A nationwide shortage of vessel engineers and oilers predates the pandemic but has become critical since the outbreak. Training programs for oilers and licensed engineers last approximately one and four years, respectively, and there are a limited number of training resources. In addition, WSF must compete in the national labor market to attract and retain these employees. A persistent recruitment and hiring effort over the last several months will result in the engine workforce numbers being restored to pre-pandemic numbers by Spring 2022. The situation is improving due to the recent hiring and training of new oilers who will begin working in the system soon. This influx of new oilers supports WSF’s ability to replace vacated licensed engine room positions with promotions and new hires. Recent new employee training for engine room employees have averaged 12 people per class compared to classes of 3-5 people during the height of the pandemic. Licensed engine crew vacancies are filled by seniority bidding, so any licensed vacancy creates a cascading series of vacancies that must be filled both in the licensed and unlicensed ranks. Contractual timelines for reassigning employees to vacancies and subsequent vessel-specific training timelines make this a protracted process. As a result, the simple number of total engine room employees does not directly affect WSF’s ability to provide service, and there are additional complexities in ensuring the fleet has the right type of employee to staff each individual vessel on each route. WSF will need to continue hiring to support needed training and upcoming retirements and separations. Month Oilers Hired October 2020 10 April 2021 4 July 2021 7 September 2021 3 November 2021 4 December 2021 9 January 2022 17 March 2022 8 (projected) 18 WASHINGTON STATE FERRIES COVID-19 SERVICE RESTORATION PLAN Additional Challenges Related to Service Reliability In addition to the profound effects of the COVID-19 pandemic, WSF faces numerous ongoing challenges that compound the immediate crew and vessel shortages. Many of these challenges were identified in the WSF 2040 Long Range Plan (LRP), submitted to the Legislature in January 2019. The LRP provides a proposal for investments and policy recommendations that support reliable, sustainable, and resilient ferry service through 2040 and beyond. The LRP identified investment in WSF’s workforce as one of the top priorities to ensure continued system reliability. It also places particular attention on stabilizing the ferry fleet by building 16 new vessels and providing adequate time for vessel maintenance. Noting how intertwined the issues are, the LRP notes that new infrastructure is only valuable if WSF has the skilled workforce to operate and maintain it, calling for significant investment in attracting, retaining and strengthening the workforce. To stabilize the system and improve the long-term sustainability of service, WSF has been addressing these challenges well before the pandemic. Crewing WSF has completed several efforts in recent years to evaluate the current practices in recruiting, hiring, training and retaining the skilled workforce needed to ensure long-term sustainability of service. • Global shortage of maritime workers: Ferry systems and maritime industries around the world have experienced a decreasing number of available workers. WSF has identified several strategies to support recruiting efforts over the coming years, including hiring a recruiting consultant and increasing focus on employee retention. The agency has also partnered with external partners such as labor unions and other maritime industry organizations to address the shortage from a regional perspective. • Aging workforce: WSF is experiencing the same pressures felt by other employers nationwide, as a wave of people born during the post-World War II population boom start to retire. Currently, as shown in Figure 9, nearly 14% of the vessel workforce, 18% of the terminal workforce, and more than 16% of Eagle Harbor maintenance facility staff are eligible for retirement within the next three years. There are other impacts on reliable service created by an aging workforce, such as an increase in sick and other forms of protected leave. Many of the retirements are in positions that are harder to fill due to the amount of training, sea time and level of credentials required. Figure 10: Percentage of Vessel Employees Eligible for Retirement by 2025 19 WASHINGTON STATE FERRIES COVID-19 SERVICE RESTORATION PLAN • Deferred training: With the crew shortages experienced during the COVID-19 pandemic, WSF has deferred training time for some eligible employees to augment vessel crews and provide scheduled service. Because of the significant training time required for licensed positions, the effects of deferring training during this period may be felt in licensed crew shortages in the future. • Overtime use: WSF’s reliance on overtime use has increased between fiscal year 2013 and fiscal year 2021. The positions with the largest overtime use are engine room and licensed deck, indicating that levels of full-time crew have not been adequate to fill required positions. There were 448 shifts filled on overtime for the month of January 2022 (a 14.5/day average). • Shifting workforce trends: The maritime industry has observed cultural shifts in the workforce as employees are increasing their focus on work-life balance and are less interested in working overtime and undesirable shifts. Vessels WSF’s current fleet size of 21 vessels is substantially shy of the 26 vessels recommended in the Long Range Plan as necessary to support critical maintenance across the fleet and provide reliable service by 2040. • Deferred vessel maintenance and preservation: To maintain service schedules with a smaller fleet, WSF has had to prioritize keeping vessels in service over performing all scheduled maintenance. Over time, deferring non- critical maintenance and preservation creates a maintenance backlog and can ultimately shorten the lifecycle of a vessel. • Fleet size and risk to reliability: The budgeted pre-COVID-19 summer service schedule requires 19 vessels in service and lacks a service relief vessel. This fleet size does not allow enough time for all vessels to rotate out of service to receive scheduled maintenance. WSF must increase its fleet size by constructing new vessels that will allow sufficient out-of-service time for each vessel to receive required regular maintenance. The small fleet size also leaves the system at risk to service disruptions due to unplanned maintenance needs. This problem will get worse when the Tillikum is removed from service in June 2023 when it reaches the end of its useful life and WSF does not yet have a new vessel to replace it. At that time, the fleet size will shrink to 20 vessels. • Long timeline for construction of new ferries: The next new vessel in the WSF fleet, the first hybrid-electric Olympic-class ferry, is not estimated to enter service until 2025. 20 WASHINGTON STATE FERRIES COVID-19 SERVICE RESTORATION PLAN Next Steps As service restoration progresses through the route prioritization list, WSF will continue to assess route and system service reliability and review the metrics used to decide when service can be restored on the next route. The COVID-19 Service Restoration Plan will be reviewed and adjusted as needed ahead of the summer season, which starts on June 19. Concurrent to service restoration, WSF will continue planning and implementation of strategies to address workforce shortages, depending on guidance received from the legislative session. Americans with Disabilities Act (ADA) Information: This material can be made available in an alternate format by emailing the Office of Equal Opportunity at wsdotada@wsdot.wa.gov or by calling toll free, 855-362-4ADA(4232). Persons who are deaf or hard of hearing may make a request by calling the Washington State Relay at 711. Title VI Notice to Public: It is the Washington State Department of Transportation’s (WSDOT) policy to assure that no person shall, on the grounds of race, color, or national origin, as provided by Title VI of the Civil Rights Act of 1964, be excluded from participation in, be denied the benefits of, or be otherwise discriminated against under any of its federally funded programs and activities. Any person who believes his/her Title VI protection has been violated, may file a complaint with WSDOT’s Office of Equal Opportunity (OEO). For additional information regarding Title VI complaint procedures and/or information regarding our non-discrimination obligations, please contact OEO’s Title VI Coordinator at (360) 705-7090. 22-03-0066 Updated March 29, 2022 Overview Washington State Ferries is incrementally increasing service to meet increasing demand as the ferry system continues to recover from the pandemic. A return to full capacity of the system is dependent on several variables, including: • The trajectory of the pandemic and ongoing impacts of COVID-19 on the workforce. • Ridership levels and accommodating the seasonal increase in summer peak season ridership. • The ability of WSF to recruit, hire and train new employees to fill key positions. • The rate of retirements and other separations that contribute to overall staffing levels. • Lack of vessels due to unanticipated breakdowns and an aging fleet. Progress toward reaching targeted staffing levels WASHINGTON STATE FERRIES SERVICE RESTORATION PLAN PROGRESS REPORT Ferry Service Restoration WSF has prioritized ferry routes based on ridership, service performance, availability and directness of travel alternatives, and vessel and crew availability. Upcoming service changes • The Seattle/Bainbridge route has completed one week of its Trial Service Stage that started on March 22. WSF is monitoring the route’s reliability closely and once it reaches 95% reliability for a three-week monitoring period, WSF will announce it fully restored. • Spring season begins April 10 Service Reliability During the trial stage, WSF’s target is 95% reliability over three weeks before considering the route fully restored. This chart illustrates current reliability for all routes based on a regular schedule. Systemwide Ridership Total 2022 ridership compared to previous years (data updated as of 3/27/22) Updated April 26, 2022 Overview Washington State Ferries is incrementally increasing service to meet increasing demand as the ferry system continues to recover from the pandemic. A return to full capacity of the system is dependent on several variables, including: • The trajectory of the pandemic and ongoing impacts of COVID-19 on the workforce. • Ridership levels and accommodating the seasonal increase in summer peak season ridership. • The ability of WSF to recruit, hire and train new employees to fill key positions. • The rate of retirements and other separations that contribute to overall staffing levels. • Lack of vessels due to unanticipated breakdowns and an aging fleet. Progress toward reaching targeted staffing levels WASHINGTON STATE FERRIES SERVICE RESTORATION PLAN PROGRESS REPORT Ferry Service Restoration WSF has prioritized ferry routes based on ridership, service performance, availability and directness of travel alternatives, and vessel and crew availability. Service Reliability During the trial stage, WSF’s target is 95% reliability over three weeks before considering the route fully restored. This chart illustrates current reliability for all routes based on a regular schedule. Upcoming Service Changes • The Seattle/Bainbridge route has completed its Trial Service Stage that began March 22. The route is now operating on regular service. Systemwide Ridership Total 2022 ridership compared to previous years (data updated as of 4/24/22) Updated May 24, 2022 Overview Washington State Ferries is incrementally increasing service to meet increasing demand as the ferry system continues to recover from the pandemic. A return to full capacity of the system is dependent on several variables, including: • The trajectory of the pandemic and ongoing impacts of COVID-19 on the workforce. • Ridership levels and accommodating the seasonal increase in summer peak season ridership. • The ability of WSF to recruit, hire and train new employees to fill key positions. • The rate of retirements and other separations that contribute to overall staffing levels. • Lack of vessels due to unanticipated breakdowns and an aging fleet. Progress toward reaching targeted staffing levels WASHINGTON STATE FERRIES SERVICE RESTORATION PLAN PROGRESS REPORT Ferry Service Restoration WSF has prioritized ferry routes based on ridership, service performance, availability and directness of travel alternatives, and vessel and crew availability. Service Reliability During the trial stage, WSF’s target is 95% reliability over three weeks before considering the route fully restored. This chart illustrates current reliability for all routes based on a regular schedule. Upcoming Service Changes • With COVID-19 cases on the rise, service reliability may temporarily decrease in the weeks ahead due to increasing numbers of relief requests among WSF vessel crew. • WSF will begin Trial Service on the Edmonds/Kingston route once COVID-19-related relief requests begin to decline and staffing increases to levels adequate to provide reliable service. Systemwide Ridership Total 2022 ridership compared to previous years (data updated as of 5/15/22) Updated June 21, 2022 Overview Washington State Ferries is incrementally increasing service to meet increasing demand as the ferry system continues to recover from the pandemic. A return to full capacity of the system is dependent on several variables, including: • The trajectory of the pandemic and ongoing impacts of COVID-19 on the workforce. • Ridership levels and accommodating the seasonal increase in summer peak season ridership. • The ability of WSF to recruit, hire and train new employees to fill key positions. • The rate of retirements and other separations that contribute to overall staffing levels. • Lack of vessels due to unanticipated breakdowns and an aging fleet. Progress toward reaching targeted staffing levels WASHINGTON STATE FERRIES SERVICE RESTORATION PLAN PROGRESS REPORT Ferry Service Restoration WSF has prioritized ferry routes based on ridership, service performance, availability and directness of travel alternatives, and vessel and crew availability. Service Reliability During the trial stage, WSF’s target is 95% reliability over three weeks before considering a route fully restored. This chart illustrates current reliability for all routes based on a regular schedule. Upcoming Service Changes • WSF continues to see a high number of relief requests among vessel crew due to COVID-19. • WSF plans to begin trialing full service on the Edmonds/Kingston route later this year. A second boat will be added daily as crewing allows. • The next three routes – Fauntleroy/Vashon/Southworth, Seattle/Bremerton and Port Townsend/Coupeville – likely will not be restored to regular service until Spring 2023. The Anacortes/Sidney, B.C. route will be restored in Summer 2023 at the earliest. Systemwide Ridership Total 2022 ridership compared to previous years (data updated as of 6/12/22) Updated July 19, 2022 Overview Washington State Ferries is incrementally adding service to meet increasing demand as the ferry system continues to recover from the pandemic. A return to full capacity of the system is dependent on several variables, including: • The trajectory of the pandemic and ongoing impacts of COVID-19 on the workforce. • Ridership levels and accommodating the seasonal increase in summer peak season ridership. • The ability of WSF to recruit, hire and train new employees to fill key positions. • The rate of retirements and other separations that contribute to overall staffing levels. • Lack of vessels due to unanticipated breakdowns and an aging fleet. Progress toward reaching targeted staffing levels WASHINGTON STATE FERRIES SERVICE RESTORATION PLAN PROGRESS REPORT Ferry Service Restoration WSF has prioritized ferry routes based on ridership, service performance, availability and directness of travel alternatives, and vessel and crew availability. Service Reliability During the trial stage, WSF’s target is 95% reliability over three weeks before considering a route fully restored. This chart illustrates current reliability for all routes based on a regular schedule. Upcoming Service Changes • WSF continues to see a high number of relief requests among vessel crew due to COVID-19. • WSF plans to begin trialing full service on the Edmonds/Kingston route later this year. A second boat is added daily as crewing allows. • The next three routes – Fauntleroy/Vashon/Southworth, Seattle/Bremerton and Port Townsend/Coupeville – likely will not be restored to regular service until Spring 2023. The Anacortes/Sidney, B.C. route will be restored in Summer 2023 at the earliest. Systemwide Ridership Total 2022 ridership compared to previous years (data updated as of 7/10/22) Updated August 30, 2022 Overview Washington State Ferries is incrementally adding service to meet increasing demand as the ferry system continues to recover from the pandemic. A return to full capacity of the system is dependent on several variables, including: • The trajectory of the pandemic and ongoing impacts of COVID-19 on the workforce. • Ridership levels and accommodating the seasonal increase in summer peak season ridership. • The ability of WSF to recruit, hire and train new employees to fill key positions. • The rate of retirements and other separations that contribute to overall staffing levels. • Lack of vessels due to unanticipated breakdowns and an aging fleet. Progress toward reaching targeted staffing levels WASHINGTON STATE FERRIES SERVICE RESTORATION PLAN PROGRESS REPORT Ferry Service Restoration WSF has prioritized ferry routes based on ridership, service performance, availability and directness of travel alternatives, and vessel and crew availability. Service Reliability During the trial stage, WSF’s target is 95% reliability over three weeks before considering a route fully restored. This chart illustrates current reliability for all routes based on a regular schedule. Upcoming Service Changes • WSF plans to begin trialing full service on the Edmonds/Kingston route later this year. A second boat is added daily as crewing allows. • The next three routes – Fauntleroy/Vashon/Southworth, Seattle/Bremerton and Port Townsend/Coupeville – likely will not be restored to regular service until Spring 2023. The Anacortes/Sidney, B.C. route will be restored in Summer 2023 at the earliest. Systemwide Ridership Total 2022 ridership compared to previous years (data updated as of 8/28/22) Updated September 27, 2022 Overview Washington State Ferries is incrementally adding service to meet increasing demand as the ferry system continues to recover from the pandemic. A return to full capacity of the system is dependent on several variables, including: • The trajectory of the pandemic and ongoing impacts of COVID-19 on the workforce. • Ridership levels and accommodating the seasonal increase in summer peak season ridership. • The ability of WSF to recruit, hire and train new employees to fill key positions. • The rate of retirements and other separations that contribute to overall staffing levels. • Lack of vessels due to unanticipated breakdowns and an aging fleet. Progress toward reaching targeted staffing levels WASHINGTON STATE FERRIES SERVICE RESTORATION PLAN PROGRESS REPORT Ferry Service Restoration WSF has prioritized ferry routes based on ridership, service performance, availability and directness of travel alternatives, and vessel and crew availability. Service Reliability During the trial stage, WSF’s target is 95% reliability over three weeks before considering a route fully restored. This chart illustrates current reliability for all routes based on a regular schedule. Upcoming Service Changes • WSF plans to begin trialing full service on the Edmonds/Kingston route later this year. • The next three routes – Fauntleroy/Vashon/Southworth, Seattle/Bremerton and Port Townsend/Coupeville – likely will not be restored to regular service until Spring 2023. The Anacortes/Sidney, B.C. route will be restored in Summer 2023 at the earliest. Systemwide Ridership Total 2022 ridership compared to previous years (data updated as of 9/25/22) Updated October 25, 2022 Overview Washington State Ferries is incrementally adding service to meet increasing demand as the ferry system continues to recover from the pandemic. A return to full capacity of the system is dependent on several variables, including: •The trajectory of the pandemic and ongoing impacts of COVID-19 on the workforce. •Ridership levels and accommodating the seasonal increase in summer peak season ridership. •The ability of WSF to recruit, hire and train new employees to fill key positions. •The rate of retirements and other separations that contribute to overall staffing levels. •Lack of vessels due to unanticipated breakdowns and an aging fleet. Progress toward reaching targeted staffing levels WASHINGTON STATE FERRIES SERVICE RESTORATION PLAN PROGRESS REPORT Ferry Service Restoration WSF has prioritized ferry routes based on ridership, service performance, availability and directness of travel alternatives, and vessel and crew availability. Service Reliability During the trial stage, WSF’s target is 95% reliability over three weeks before considering a route fully restored. This chart illustrates current reliability for all routes based on a regular schedule. Upcoming Service Changes •Fall shoulder season ended on Oct. 10. The Port Townsend/Coupeville route is now operating on a regular one- boat schedule until May 14, 2023. •WSF plans to begin trialing full service on the Edmonds/Kingston route later this year. •The next three routes likely will not be fully restored to regular service until Spring 2023. The Anacortes/Sidney, B.C. route will be restored in Summer 2023 at the earliest. Systemwide Ridership Total 2022 ridership compared to previous years (data updated as of 10/23/22) Espanol or Tagalog? Alternative Formats About Contact Home 800.501.RIDE search RIDER ALERTS view all SUBSCRIBE TO ALERTS Veterans Day Holiday Service...- 11/02/22 Safety Advisory: Be Safe, Be S RIDE All Service Information LEARN Tips, FAQs, and Agency Information CONNECT Meetings, Latest News, Contact ROUTE FINDER PLAN A TRIP RIDE KITSAP TRANSITFares Fares ORCA Reduced Fare & Regional Reduced Fare Special Fare Programs Transit GO Ticket Routed Buses & Local Foot Ferries One-Way Cash KT Monthly Pass PugetPass Regional Day Pass Full Fare $2.00 $50.00 $72.00 $8.00 Reduced Fare $1.00 $25.00 $36.00 $4.00 Fast Ferries One-Way Cash Kitsap Transit Monthly Trip Passes PugetPass Eastbound Westbound Fast Ferry Only Bus & Fast Ferry Eastbound Only Eastbound & Westbound Full Fare $2.00 $10.00 $168.00 $196.00 $72.00 $360.00 Reduced Fare $1.00 $5.00 $84.00 $98.00 $36.00 $180.00 Notes: One-way fares are payable with exact cash, tokens or ORCA card E-purse. Bus operators and ferry crew do not give change. Tokens are not accepted on Kitsap Transit Fast Ferries. Reduced Fare riders must be pre-quali�ed and show a Regional Reduced Fare Permit Card. Reduced Fare: To qualify for a reduced fare, customers must show a valid Medicare Card or a Regional Reduced Fare Permit (RRFP) or be pre-quali�ed at a customer service center. RRFP's are available from customer service and allow quali�ed seniors and the disabled to ride for the posted reduced fare rate on various public transit systems throughout the Puget Sound Region. Low income passengers must show eligibility to obtain an ORCA card that quali�es them for reduced fares. To receive your reduced fare discount, you must pay your fare with a pass or E-purse loaded onto your card. You will not receive a discount by simply showing the card to the operator. Paying your reduced fare from E-purse entitles you to a free two-hour transfer. Please note the following restrictions: Low income passengers must pre-qualify and pay with the ORCA card issued upon eligibility veri�cation and the Regional Day Pass is only available to RRFP holders. A KT Monthly Pass loaded on an ORCA card is valid for unlimited rides for the month of issue for only those services covered by the pass. Kitsap Transit o�ers three types of monthly passes: a monthly pass for service on routed buses and local foot ferries; a monthly pass for service on fast ferries; and a monthly pass for service on routed buses, local foot ferries and fast ferries. Riders qualifying for a reduced fare are eligible to purchase a reduced fare pass. A PugetPass loaded on an ORCA card is valid for the trip value on Kitsap Transit, Pierce Transit, Community Transit, King County Metro, Sound Transit and Everett Transit. Additional trip values from $0.50 to $5.75 and $10.00 are available. Employer Bene�ts: Your employer may o�er you an ORCA Business Account Pass. Please contact your employer to determine what bene�ts are included in your pass. A Regional Day Pass loaded on an ORCA card is valid on Kitsap Transit, Pierce Transit, Community Transit, King County Metro, Sound Transit and Everett Transit. The pass is valid from its �rst use through the end of the same service day. The adult (full-fare) pass is valid for trip values up to and including $3.50. The reduced fare pass is valid for trip values up to and including $1.75. The Regional Day Pass is NOT valid on Kitsap Transit Fast Ferries, Washington State Ferries, or King County Metro Access. Mobile - Transit GO Ticket: Download the Transit GO Ticket mobile app to quickly buy a bus, local foot ferry, and fast ferry tickets on your smartphone. Get where you need to go without having to pay cash. For more information, visit kitsaptransit.com/go. Due to the di�erent fares for Kitsap Transit ACCESS and Worker/Driver buses, the Transit GO Ticket is not accepted on these services. ORCA and Paper Transfers: ORCA Transfers - Riders paying fare with E-purse loaded on an ORCA card will receive a free two-hour transfer good at any location in any direction of travel. Paper Transfers - Riders paying with cash can request a paper transfer. Paper transfers are valid at transfer centers & points only for the next connecting bus or local foot ferry. Paper transfers are NOT valid on Kitsap Transit Fast Ferries. ACCESS FARES MAPS FAQS APPS WSDOT Fare Information for Thursday November 10, 2022 Seattle to Bremerton Bremerton to Seattle Display Round Trip Cost Vehicle/driver only fares are collected at Bremerton, while passenger and vehicle/driver fares are collected at Seattle. Fare Description Quantity Cost Passenger Adult (age 19 - 64)0 $9.45 Senior (age 65 & over) / Disability 0 $4.70 Youth (age 18 and under)0 No Charge Multi-Ride Commuter Card 10 Ride 0 $76.60 WSF Monthly Pass 31 Ride 0 $122.60 Bicycle Surcharge Only (19 and over)0 $1.00 Vehicle, Motorcycle, and Stowage Fares Vehicle Under 14' (less than 168”) & Driver 0 $27.10 Vehicle Under 22' (standard veh) & Driver 0 $34.40 Vehicle U14' (less than 168") & Sr/Disability Driver 0 $22.30 Vehicle U22' (standard veh) & Sr/Disability Driver 0 $29.60 Multi-Ride Commuter Card - Vehicle U14' & Driver 20 Ride 0 $218.80 Multi-Ride Commuter Card - Vehicle U22' & Driver 20 Ride 0 $277.20 Motorcycle & Driver 0 $14.90 Motorcycle & Senior/Disability Driver 0 $10.10 Multi-Ride Commuter Card - Motorcycle & Driver 20 Ride 0 $121.20 Vehicle Length-Based Vehicle Under 30' Under 7'2 in.0 $51.10 Vehicle Under 30' Over 7'2 in.0 $101.20 Vehicle Under 40'0 $134.60 Vehicle Under 50'0 $168.00 Vehicle Under 60'0 $201.40 Vehicle Under 70'0 $234.80 Vehicle Under 80'0 $268.20 Cost per foot over 80'0 $3.30 Estimated Total Get Totals Additional Info • Seattle • Bremerton • Schedule * The pricing for these items is unrelated to direction of travel. ReValue versions of these products are available only in the Wave2Go store. Some terminals without Tollbooths or Kiosks have no provisions for their purchase. The WSF Monthly Pass is available at our Kiosk locations, Tollbooths or the Wave2Go store. General Fare Information will give you an overview of WSF Fares. Click on Form of Payment for WSF Tollbooths for more information. << Back Copyright WSDOT © 2022 Published for November 16, 2022 Council Meeting Public Comments Resolution No. 3355 From: Grant M. Brooks <grantmbrooks@gmail.com> Sent: Tuesday, November 15, 2022 9:18 PM To: City Council <City.Council@ci.bremerton.wa.us> Subject: Public comment re WSF restoration plan I am a resident of Bremerton who commutes to Seattle via ferry to Seattle for work to support my wife, a Bremerton School District teacher, and my 2-year old son. The commute to Seattle has become increasingly difficult since WSDOT has reduced the ferry service to Bremerton, as it has substantially reduced the amount of time I am able to spend with my family. I strongly support the resolution urging the enactment of changes to the WSF Restoration Plan that would increase Bremerton-Seattle route reliability and provide funding to Kitsap Fast Ferries to increase Bremerton service. Thank you. Grant Brooks 1414 Naval Ave Bremerton, WA 98337 COUNCIL DISTRICT 6 ANNA MOCKLER COUNCIL DISTRICT 2 DENISE FREY