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04/27/2010 - Regular - Packet
° City Council Meeting Agenda April 27, 2010 CITY OF PORT ORCILARD 7:oo P.M. Mayor: Lary Coppola 1. CALL TO ORDER Administrative Official A. Pledge of Allegiance Fred Chang Chair: L'tAC Staff: Clerk's Office . CITIZENS COMMENTS 2 Tourism Committee Please limit your comments to 3 minutes for items not up for Public Hearing. When Public Property Committee recognized by the Mayor, please state your name and address for the official record Jerry Childs (please complete the sign -in sheet located in the hallway). Chair: 'tourism Committee Staff: Clerk's Dace Finance Committee 3. APPROVAL OF AGENDA John ir Chair:: Finance Committee 4• CONSENT AGENDA Staff: City Treasurer (Approval of Consent Agenda passes all routine items listed below, which have been Utilities/SAC Committee distributed to each CounciImemberfor reading and study. Consent Agenda items are not Kitsap County Health considered separately unless a Councilmember so requests. In the event of such a request, Jim Colebank the item is returned to Business Items.) Tourism Committee A. Approval of Claim Warrants Payroll & Treasurer's check book pp , KRCC/PSRC/KEDA S. Setting Meeting for Work Study Session to May 18, 2oio, at 7:00 Fred Olin Chair: Public Property Committee m. at City Hall (Kirkpatrick) P • y Staff: Planning Department C. Approval of Public Event Application: Kitsap Harbor Festival Utilities/SAC Committee (Kirkpatrick) Carolyn Powers D. Approval of Firework Stand Applications: Rochelle Savage, Arrow Public Property Committee KRCC/TransPol Fireworks, and TNT Fireworks (Kirkpatrick) Rob Putaansuu E. Approval of Contract No. CO23-10, Authorizing the Mayor to Execute Chair: Utilities Committee Interlocal Agreement with Kitsap County for Jail Services Staff: Public Works Department (Townsend) Finance Committee Kitsap Housing Authority F. Approval of Contract Nos. C032-lo and C033-10, Authorizing the SAC Committee Mayor to Execute Real Property Lease Agreements with South Kitsap Department Director: Western Little League and South Kitsap Pee Wee Association Patti Kirkpatrick, CMC Administrative Services (Jacoby) City Clerk Allan Martin 5. PRESENTATION City Treasurer A. Municipal Clerk's Week Debbie Hunt B. Silver Star Service Banner Day Court Administrator James weaver 6. PUBLIC HEARING Development Director PolceChief Townsend BUSINESS ITEMS Police Chief 7• Mark Dorsey, P.E. A. Approval of the April 13, 2010, Council Meeting Minutes Public Works Director B. Adoption of Resolution No. o1g-1o, Authorizing the Purchase of a City Engineer 2010 Ford Escort for the Storm Drainage Utility from Bay Ford Contact us: (Archer) 216 Prospect Street Port Orchard, WA 98366 (36o)876-4407 Please turn off cell phones during meeting and hold your questions for staff until the meeting has been adjourned The Council may consider other ordinances and matters not listed on the Agenda, unless specific notification period is required Meeting materials are available on the City's website at: www.cityofportorchard.us or by contacting the City Clerk's office, 360,876,4407 You may now view City Council Meetings from the City's website: w,,vw.cityofportorchard.us April 27, 2010, Meeting Agenda Page i of 2 C. Adoption of Ordinance No. oo6-1o, Amending Port Orchard Municipal Code 10.18 Parking of Boats and Recreational Vehicles (Kirkpatrick) D. Adoption of Ordinance No. 007-10, Requesting an Election on August 17, 201o, Regarding Annexation of the City of Port Orchard into the Kitsap County Rural Library District (Jacoby) E. Approval of Contract No. CO26-io, Authorizing the Mayor to Execute a Contract with Henderson Construction for the Bay Street Seawall Construction Project (Archer) F. Approval of Contract No. C030 -10, Authorizing the Mayor to Execute a Contract with Krazan & Associates for Materials Testing (Archer) G. Approval of Public Event Application: World's Biggest Disc Golf Weekend (Kirkpatrick) S. REPORTS OF COUNCIL COMMITTEES 9. REPORT OF MAYOR 1o. REPORT OF DEPARTMENT DIRECTORS it. CITIZEN COMMENTS (Please limit your comments to 3 minutes for items not up for Public Hearing. When recognized by the Mayor, please state your name and address for the official record. It is asked that you do not speak on the same matter twice.) 12. EXECUTIVE SESSION: Pursuant to RCW 42.30.11o, the City Council may hold an executive session. The topic(s) and the session duration will be announced prior to the executive session. 13. ADJOURNMENT COMMITTEE MEETINGS Date & Time Finance Committee TBD Tourism Committee May 12, 2010 5:30 p.m. Utilities Committee May 17, 2010 7:30 a.m. Sewer Advisory Committee (SAC) May 19, 2010 6:30 p.m. Public Property Committee May 12, 2010 7:30 a.m. Work Study Session May 18, 2010 7:00 p.m. Location City Hall Myhre's S.K.W.R.F. Myhre's City Hall Please turnoff cell phones during meeting and hold your questions for staff until the meeting has been adjourned The Council may consider otber ordinances and matters not listed on the Agenda, unless specific notification period is required Meeting materials are available on the City's website at:�%,%"v.citNoortoreliard.us or by contacting the City Clerk's office, 36o.876.4407 You may now view City Council Meetings from the City's website: www.cityofportorchard,us April 27, 2010, Meeting Agenda Page 2 of 2 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (36o) 876-4407 • FAX (36o) 895-9029 Agenda Staff Reuort Agenda Item No. Consent Agenda 4B Meeting Date: Subject: Setting Meeting for a Work Study Prepared by: Session to May 18, 2oio, at 7:00 p.m. at City Hall Atty Routing No: Atty Review Date: April 27, 2010 Patti Kirkpatrick, CMC City Clerk NA NA Summary: Work Study Sessions are considered a special meeting of the Council and as such fall under RCW 42.30.o8o, which states: A special meeting may be called at any time by the presiding officer of the governing body of a public agency or by a majority of the members of the governing body by delivering written notice personally, by mail, by fax, or by electronic mail to each member of the governing body; and to each local newspaper of general circulation and to each local radio or television station which has on file with the governing body a written request to be notified of such special meeting or of all special meetings. Such notice must be delivered personally, by mail, by fax, or by electronic mail at least twenty four hours before the time of such meeting as specified in the notice. The call and notice shall specify the time and place of the special meeting and the business to be transacted. Final disposition shall not be taken on any other matter at such meetings by the governing body. In order to ensure the City is in compliance with proper noticing requirements, the City Attorney has recommended that the Council, by consent agenda, set the date and time of a work study session each month. Recommendation: Staff recommends the Council set the meeting date and time for a work study session to May 18, 201o, at 7:00 p.m. at City Hall. Motion for consideration: I move to set a work study session meeting date and time to Tuesday, May 18, 201o, at 7:00 p.m. at City Hall. Fiscal Impact: None. Attachments: None. City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 0 FAX (360) 895-9029 Agenda Staff Report Agenda Item No. Consent Agenda 4C Subject: Approval of Public Event Application: Kitsap Harbor Festival Meeting Date: Aril 27, 2010 Prepared by: Patti Kirkpatrick, CMC Citv Clerk Atty Routing No: Atty Review Date: NA NA Summary: Each year several organizations request permission to close certain City streets; request the use of City parking lots; or use City Parks, The Port of Bremerton has submitted their application for the Kitsap Harbor Festival public event, which is in its second year and is held on Memorial Weekend, May 28, 2010 and May 31, 201o. A portion of the event will be on the Port Orchard waterfront. City Departments, as well as the Fire Department, have reviewed the application and have submitted their recommendations and/or comments and are attached for your review. As previously stated, this is not a new event and the Port was granted permission to host their event at the City waterfront last year. Recommendation: Staff recommends approving the Public Event application. Motion for consideration: I move to approve the Public Event application for the Kitsap Harbor Festival to be held Memorial weekend, May 28, 2olo and May 31, 2010, of which a portion of the event will be located on the Port Orchard waterfront. Alternatives: Deny the applications or approve with conditions. Attachments: Application for Public Event Map City Department and Fire Department Comments City Clerk's Office R,E E ! � E,0 216 prospect Street r Port Orchard, WA 98366 i��� i0 360-876-4407 * 360-895-9029 (fax) ORCHAl;L CITY CLERKS OFFICE Public Event Application NOTE: Acceptance of this application by the City Clerk's Office does NOT indicate or guarantee approval of the application or the dates requested. Each application will be reviewed by City staff and Council Committee. Additional information may be requested by city personnel prior to submittal of the application to the City Council for final consideration, No statement made by city staff or elected official prior to final consideration by the City Council shall obligate the City Council in any manner. , Name of Event: A 1 / S✓4 - %,- /¢�� Name of Sponsoring Organization: o il-7— o f e4lV{a r — Cs Name of Person Completing This Application: J i Point of Contact: .� Telephone: ✓ZZ) Address: �� �' SiD4'!� �c�cf l �J A / e 7 Street CityState Zip Code Dates of Event (Inclusive)�/f i' �' r /�Lf �� ] , 20 I ! C) Location of Event: /1�C , —Mef T j-17 f < (If Event Wit Have Multiple Activities and Locations, List On Separate Sheet) Anticipated Number Of Exhibitors: Time Open To Public: Anticipated Number Of Visitors: _ �� (� Time Open To Vendors: Closing Time: d This application form was designed for use by applicants for various types of events. Please answer all questions; you may attach additional pages if necessary. t 2. 3, Describe type of What is expected traffic pattern for the lanes, garbage, and restroom/sani-can(s):_ Attach a site Describe how public safety, traffic and crowd control will be will be needed for M traffic control and (2) crowd control? 4. Describe how 5 location (garbage and_ restrogms) will be provided andmaintained: fire ye, A R1 7. City Clerk's Office 216 Prospect Street Port Orchard, WA 98366 360-876-4407 * 360-895-9029 (fax) have parig impacts been coordinated with the neighbors (residential and/or business)? ' tQizh�T/o a� Has shuttle service/park and ride lots been coordinated with Kitsap Transit? Describe locations, frequency of service ands of me of contact at Kitsap Transit. Attach written verification of commitment for service from Kitsap transit: /�i ® , to 1ri—L RF— 0PCK64l;1V0S & Describe how fire lanes will be identified and kept open: &��s Will this event require the closure of any street? If so, list street name with date and time of requested closure: 10. If any event activity or vendor requires electrical connections or other accommodation to operate, indicate location and how you anticipate meeting their needs: _ f ha -- 11. How will the event area be cleaned before, during and after the 12. If your event requires vehicles to be towed, your organization must accept responsibility and indemnify the City of Port Orchard and other authorizing property owner(s) by agreeing to pay tow/storage charges or damage claims which result from the vehicle being towed, if a court rules in favor of the registered owner and orders payment of such charges or damage claims. Do you accept this responsibility? b( Yes ❑ o If s, -Dame of person responsible for rendering payment of tow/storage charges. If no, explain why: 17 13. When specifying location of event activity/vendor(s), do you. anticipate utilizing any area not owned or managed by the City of Port Orchard? K yes ❑ no If yes, the owner/manager of subject property must complete and sign the following: (Please ask for additional forms if multiple properties are being used and have different owners) Name of property owner: _ _ 15��T- 49 N-, DAz-,., Authorizing authority: 2 Title: Address: i W65,-w. Hog t Telephone: Signature of authorizing authority: A. If the City of Port Orchard approves this application for public event, will your organization grant permission for the sponsoring organization to use your property on the dates specified, for the purpose and activities described in this application? %Yes ❑ No If yes, please complete the following: B. Are there any limitations or restrictions ss osf yoyt,prop7ty? J Yes ❑ No If yes, describe iridetail: M 2e,�r ti� .c 7h Gil cam, 5fi / 0614. City Clerk's Office 216 Prospect Street Port Orchard, WA 98366 360-876-4407 * 360-895-9029 (fax C. Do you require the event sponsor list you as an Additional Named Insured and provide an insurance certificate to your organization prior to the event date? 7- Yes ❑ No If yes, please indicate coverage limits you require for general liability, property damage and or personal injury? / 60a ova If nature of this event requires event workers to stay overnight (such as carnival or other event workers) where and how do you anticipate providing their lodging? If you anticipate utilizing private property(s) for lodging or other purposes, the owner of the subject propertvfs) must complete and sign the following: Name of property owner: Authorizing authority: Title: Address: Telephone: Signature of authorizing authority: A. Are there any limitations or restrictions on use of your property? ❑ Yes ❑ No If yes, please describe in detail: B. Do you require the event sponsor list you as an Additional Named Insured and provide an insurance certificate to your organization prior to the event date? ❑ Yes ❑ No If yes, please indicate coverage limits you require for general liability, property damage and or personal injury? C. How will use of your property by event workers impact neighboring property owners? Describe steps that will be taken to mitigate any adverse impact(s): 15. Please provide, any other informatio , wh' h you believe, will assist the city in the review process: 16. INSURANCE REQUIREMENTS: Sponsoring organization must provide an insurance certificate, 10 days prior to the event, with the City of Port Orchard and other applicable parties shown as Additional Named Insured. Minimum coverage to be as follows: $1,000,000 Liability; $1,000,000 Bodily Injury A. Can you provide this Insurance Certificate? SIGNATURE OF APPLICANT: Date: 3' 24 SPACES, 4 HR FREE 15 SPACES, C❑NTROLLED BY P❑RT F❑R MERCHANT'S PASSES 31 SPACES, C❑NTROLLED BY P❑RT The 2009 Kitsap Harbor Festival was a tremendous success and we look forward to seeing you all again in 2010. iception: Conceived by the Port of Bremerton as a follow rom 2008's extremely successful Bremerton Marina Grand ning Event. One of the main attractions of the 2009 Harbor Avai was a fleet of Tall Ships which visited both the Port hard and Bremerton marinas. !on: To begin an annual traditional waterfront festival, first )ng Sinclair Inlet cities, drawing visiting boaters and the iI community to a variety of appealing, waterfront activities r the Memorial Day Weekend. vities occur along the waterfront of Bremerton and Port hard beginning Friday night and ending at noon on norial Day Monday. Intra-City ferry service is available. Festival Schedule of Events Friday, May 28, 2010 • Starting at about noon, guest boaters and the Tall Ships begin arriving at the Port Orchard and Bremerton marinas. • Space holder for a Friday Night event — TBD Saturday, May 29, 2010 • 7:OOAM—10:30AM Pancake Breakfast on the Bremerlon Boardwalk prepared by the Bremerton Lions Club • ALL DAY - Boats Afloat Show - Boats for sale on the docks at the Port Orchard and Bremerton Marinas • ALL DAY - Vendor Booths and Live Entertainment on the Bremerton Boardwalk — Schedule will be inserted here when finalized. • ALL DAY — Tall Ships Tours and Cruises - Schedule will be inserted here when finalized. • 9:OOAM — 3:OOPM - Port Orchard Farmers Market on the waterfront. • 10:OOAM — 3:OOPM — Seagull Calling Festival and Seagull Wings Cook -Off on the Port Orchard Waterfront. • 10:OOAM — 4:OOPM — Kitsap Flarbor Regatta sailboat races at the Bremerton Marina. • 10:00AM — 4:00PM — Kitsap Arts and Antique Show in downtown Bremerton. • 1 O:OOAM — 4:OOPM — Kitsap Car Cruz & Military Vehicle Show in downtown Bremerton. • 9:OOAM ,- 3:OOPM — Bremerton Farmers Market (Location TBD) • 12:OOPM — 6:OOPM — Beer Gardens at the Mort Orchard Waterfront and on the Bremerton Boardwalk. • 12:30PM—1:30PM — Sea Services (Navy, Marines, Coast Guard) Reenlistment Ceremony at the Lone Sailor Memorial on the Bremerton Marina Breakwater • 6:OOPM — 7:OOPM — Band Concert on the Bremerton Boardwalk (Group TBD) • 7:OOPM—10:OOPM — TBD Function on the Tall Ships and/or Virginia V. • TOOPM — Midnight ,- Casino Night Shuttle to/from the Suguamish Clearwater Casino Resort leaves from the foot of Second Street in Bremerton. Sunday, May 30, 2010 • 7:OOAM — 10:30AM - Pancake Breakfast at Amy's On the Bay in Port Orchard benefiting the South Kitsap Helpline. • ALL DAY - Boats Afloat Show - Boats for sale on the docks at the Port Orchard and Bremerton Marinas • ALL DAY - Vendor Booths and Live Entertainment on the Bremerton Boardwalk — Schedule will be inserted here when finalized. • ALL DAY — Tall Ships Tours and Cruises - Schedule will be inserted here when finalized. • 9:OOAM -- 3:OOPM - Port Orchard Farmers Market on the waterfront. • 10:00AM — 4:OOPM — Kitsap Harbor Regatta sailboat races at the Bremerton Marina. • 12:OOPM — 6:OOPM — Beer Gardens at the Port Orchard Waterfront and on the Bremerton Boardwalk. • 3:OOPM — 4:OOPM — Concert by the Bay ("Free Ride") at the Port Orchard Marina Park • 2:OOPM — S:OOPM — The Taste of Kitsap at the Port Orchard Marina Park • 7:OOPM — 1 O:OOPM — TBD Function on the Tall Ships and/or Virginia V, • 7:OOPM — Midnight — Casino Night Shuttle tolfrom the Suquamish Clearwater Casino Resort leaves from the foot of Second Street in Bremerton Monday, May 31, 2010 • 9:30AM—10:30AM — Memorial Service onboard the Historic Ship LISS Turner Joy. • ALL DAY - Vendor Booths and Live Entertainment on the Bremerton Boardwalk -- Schedule will be inserted here when finalized. City Cleric's Office ..ems-, 216 Prospect Street Port Orchard, WA 98366 cry ' » 360-876-4407 * 360-895-9029 (fax) Paar o,ere NOTE: This section to be completed by City staff after application WSubmitt0 to. the City, REVIEW AND COMMENT BY POLICE DEPARTMENT: REVIEW AND COMMENT BY FIRE DEPARTMENT: REVIEW AND COMMENT BY PUBLIC WORKS: AND COMMENT BY FINANCE DEPARTMENT: 4A0 k� CL- REVIEW AND COMMENT BY ADMINISTRATIVE DEPARTMENT: REVIEW AND COMMENT BY PLANNING DEPARTMENT: DATE APPLICATION RECEIVED: :3)D ._ ?a DECISION OF CITY COUNCIL: ❑ APPROVE ❑ DISAPPROVE DATE OF DECISION:. CONDITIONS: Approved By Patricia J. Kirkpatrick, CMC City Clerk/Assistant to the Mayor Revised 03/03/2009 Memo To: City of Port Orchard City Clerk Office From: Greg Rogers, Fire Prevention Manager CC: Date: March 12, 2010 Re: Kitsap Harbor Festival The South Kitsap Fire & Rescues Prevention/Education Office has completed a review of the application for public event that was dated received March 10, 2010 for the Kitsap Harbor Festival, located at the waterfront parking lot, and approves the plans with the following comments and stipulations: Tents or areas with cooking or deep -fat fryers shall have a minimum 40-B:C fire extinguisher or a Class K type extinguisher. An inspection of the cooking operation will be required before opening, by a member of the Fire District 7 Prevention/Education office. Fire department access around the area must consist of the following: The unobstructed width of a fire apparatus access road shall be not less than 20 feet. Access roads shall be extended to within 150 feet of all parts of all exterior walls (of the first story) on all buildings or portions of buildings. Nothing in this review is intended to authorize or approve of any aspect of the design that does not comply with all applicable codes and standards. Should additional information become available, these comments may require modification. Please insure that additional information regarding this project is forwarded to our office. If you have any questions, please contact me at 871-2411. Greg. Fire Prevention Manager Page 1 of 1 Permit Review DATE: MARCH 12, 2010 TO: CITY CLERKS OFFICE FROM: CHIEF TOWNSEND SUBJECT: SPECIAL EVENT PERMIT — KITSAP HARBOR FESTIVAL The Port Orchard Police Department approves of the special event permit application with the following requirements: 1. Report any problems or suspicious activity to the Port Orchard Police immediately. 2. Comply with all city ordinances and regulations. 3. Public works will need to coordinate any signage necessary to block the street, parking areas, etc. 4. Ensure adequate access for emergency vehicles. 5. Any vehicles requiring to be towed will be the financial responsibility of the Kitsap Harbor Festival in the event the vehicle's owner is not required to pay the fees. 6. The Kitsap Harbor Festival will name the City and the Port of Bremerton as additional insured and provide a copy of the insurance certificate prior to the commencement of events. 7. If special police services are required for the event they must be contracted at least 30 days prior to the event at the city rate for police off -duty work. City Clerk's Office _f, 216 Prospect Street Port Orchard, WA 98366 c ry 360-876-4407 * 360-895-9029 pad-r "aid Lai , iarappsuhmi#edto theCty.ITecoe mleteby Cty saftNC REVIEW AND COMMENT BY POLICE DEPARTMENT: REVIEW AND COMMENT BY FIRE DEPARTMENT: REVIEW AND COMMENT BY PUBLIC REVIEW AND COMMENT BY FINANCE DEPARTMENT: REVIEW AND COMMENT BY ADMINISTRATIVE DEPARTMENT; REVIEW AND COMMENT BY PLANNING DEPARTMENT: DATE APPLICATION DECISION OF CITY COUNCIL: ❑ APPROVE ❑ DISAPPROVE DATE OF DECISION: CONDITIONS: Approved By. Patricia J, Kirkpatrick, CMC City Clerk/Assistant to the Mayor Revised 03/03/2009 CITY OF PORT ORCHARD Planning Department 216 Prospect Street, Port Orchard, WA 98366 Phone: (36o) 876-4991 * Fax: (36o) 876-498o planning@cityofportorchard.us www.cityofportorchard.us Date: March 18, 2010 To: Patricia Kirkpatrick, City Clerk From: James R. Weaver, City Development Director RE: 2010 Event Application: Kitsap Harbor Festival The Planning & Building Departments have reviewed the submitted 2010 Public Event application with the City of Port Orchard for the enterprise located at the address identified in the following comments. Public Event Application; Kitsap Harbor Festival Date: May 28t" — 315t , 2010 Location: Downtown Port Orchard, WA Organization: Port of Bremerton Comments: Planning Department has no Comments on this application. City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (36o) 876-4407 0 FAX (36o) 895-9029 Agenda Staff Report Agenda Item No. Consent Agenda 4D Meeting Date: April 27, 2010 Subject: Approval of Firework Stand Prepared by: Patti Kirkpatrick, CMC Applications: Rochelle Savage, Arrow City Clerk Fireworks, and TNT Fireworks Atty Routing No: NA Atty Review Date: NA Summarv: During the last two years, the City Clerk's office has worked with the South Kitsap Fire and Rescue to make changes within the Fireworks Code (POMC 5.6o). Last year, the Council amended the Fireworks Code to do away with the number of stands permitted within City Limits due to the various annexations that were occurring. Some of the other changes were to increase the licensing fees and insurance limits. The City Clerk's office received applications for the following locations: Rochelle Savage: one (1) firework stand located at 1700 Mile Hill Drive, S.E. parking lot; Arrow Fireworks one (1) firework stand located at 1353 Olney Avenue, parking lot; and TNT Fireworks submitted their request for five (5) firework stands located at: lgoo SE Sedgwick Rd, Fred Meyer's parking lot 1415 Olney Avenue, Saar's Market parking lot loll Bethel Road, Hi -Joy Bowl parking lot 370 SW Sedgwick Rd, Albertson's parking lot SW Corner of SW Sedgwick and Sidney, vacant lot All applicants have submitted the required paperwork to obtain a firework stand license and upon the approval of the Council, staff will forward the appropriate documents to the Fire Authority, South Kitsap Fire and Rescue, for their approval, inspection, and issuance of the license. Recommendation: Approve the applications as submitted upon the review of the Fire Authority's inspection and approval. Motion for consideration: I move to approve the firework stand applications for Rochelle Savage; Arrow Fireworks; and TNT Fireworks, with license to be provided by the Fire Authority, South Kitsap Fire and Rescue, upon inspection. Fiscal Impact: The City receives $too per location. Attachments: Application for Fireworks Stand Permit Washington State Fireworks License Certificate of Liability Site Plan Documentation indicating approval to be on property CITY OF PORT ORCHARD City Clerk 216 Prospect Street, Port Orchard, WA 98366 Voice: (36o) 876-4407 • Fax: (36o) 895-9029 pkirkpatrick@cityofportorchard.us www.cityofportorchard.us FIREWORKS STAND APPLICATION (Port Orchard Municipal Code. 5.60) 10 City Business License #- (Fireworks uoense rannotbe issued unless your City Business license is current) Sales License Fee $ioo.00 Deposit $50.00 NOTE: Acceptance of this application by the City Clerk's Office does NOT indicate or guarantee approval of the application or the dates requested. Each application will be reviewed by city staff. Additional information may be requested by City personnel prior to submittal of the -application to -the jCity council for- final consideration. No statement made by City staff — or elected official prior to final-considerAtion by the City -Council shall obligate the City Council in -any manner. Name of Sponsoring Name of Person Completing This Application: 1 Point of Contact: ' Vb C'k-C'L C S Address: 1��� cs rn i Street Dates of Temporary Stand: `� Ljon�' Telephoner {O Q - �1 b c� P Qrl-00aA City State Zip Code Location of Temporary Stand: �700 O t H� t I `��+_ (Io- W Time Open to Public:_ C1 e*y--% ~ l Q:±n -r ,J1— Closing Time. —CI1, -3 () 10 0 z. DesrrJ�e how this event will benefit the community: ts -e— � � 2. What is expected traffic pattern for the event? Attach a site map indicating location of the stand, fire lanes, garbage, and restroom/sani-can(s): vs UX 6-P_` 3. Describe how public safety, traffic and crowd control will be provided. How man police officers do you anticipate will be needed for (i� traffic control and (2) crowd control? 46 Cy� k Ce, he . � p f-�ir1r,V �t�E �t,t,[irz�z.vnf�-V e�vt-#'• 0l skf I� _ 4. D cnbe how sanitation control (garb a and restrooms) willbe provided and maintained: 5. How many participants and visitor cars are anticipated and where will parking be provided? --6. - How have par ' impacts been coordinated with the and/or bust avvta c 7. D 'b 11ow fire lanes will be identified and kept open: CUa't — 8. If any stand requires electrical connections or other accommodation to operate, indicate location and how you anticipate meeting their needs ty ',Q�c�- �c aprtoXe,, -vta g. Howeswill the.standareq be cleaned before, during, and after e eve 7 1 �" � io. If yo event requires vehicles to be awed, yourtat=rgioust accept respon ility and indemnify the City of Port Orchard and other authorizing property owner(s) by agreeing to pay tow/storage charges or damage claims which result from the vehicle being towed, if a court rules in favor of the registered owner and orders payment of such charges or damage claims. Do you accept this responsibility? Byes ❑ No If yes, name of person responsible for rendering rpayment of tow/storage charges. If no, explain why: 11. If nature of this event requires event workers to stay overnight where and how do you anticipate providing their lodging? If you anticipate utilizing private properly(s) for lodging or other purposes, the owner o£ the subject propeKWfi) must complete and sign the following: 41414at��- Name of properly owner:. Authorizing authority: Address: Signature of authorizing authority: Title: Telephone: A. Are there any limitations or restrictions on use of your property? ❑ Yes EVNo If yes, please describe M' ` `'` rietnil- B. How will use of your propertyliy event workers impact neighboring property owners? Describe steps that will be taken to mitigate any adverse impact(s): ❑ ❑ _ 12. Please prc ' any other L&ver.L- `Hvcf" -[a '►�n�1,�z-[.ems►-� nation, which you believe, will assist WdlCity in the review p THE FOLLOWING MUST BE INCLUDED WITH THE APPLICATION: i) A copy of a valid and subsisting license by the State of Washington authorizing the holder thereof to engage in the fireworks business; a) A certificate of insurance for liability of not less than $$1,000,000 Liability; $5oo,000 Bodily Injury; $300,000 Property and shall name the City of Port Orchard as an additional insured. 3) A copy of the site plan 4) A copy of a lease agreement between the permittee and the owner of the property 0 Failure to provide any of the above information may result in a denial of the per lit. Signature of Date: j 2/-2 f J . The following requirements apply to all permittee's engaged in Sales of Fireworks and license may be revoked for violation of any of these requirements: • For sales of fireworks, the applicant shall obtain a business license from the City; • For sales of fireworks, the location of the proposed place of business shall comply with the zoning ordinances of the city; • If the applicant removes such temporary stand and cleans up the debris before the tenth day of July each year, he shall be entitled to the return of his $So.00 deposit; • For sales of fireworks, shall be sold only form temporary stands and must be conform to written rules and regulations of the fire authority; • Each permittee is entitled to only one retail outlet; • For sales of fireworks, will only be sold starting from ii:oo a.m. and closing at is: oo p.m. NOTET This section to completed by aW.. staff after apphcai on is submitteo to the Crty Date Application Recepv d: `7 ~ ) Q _ ) p Sales License No.: Deposit Fee Paid. Yes No Sales License Fee Paid: �% Yes No Receipt No: Certificate of Liability Received: ✓Yes No Copy of WA State License to engage in fireworks business: �es No Decision of City Council: Approve Disapprove Date of Decision:. Conditions:_ Date Deposit Returned: Approved By City Clerk or designee ACORD,, CERTIFICATE OF LIABILITY INSURANCE °ff"""I°°'Y"Y'� 3 2010 PRODUCER Phone: 440-248-4711 Fax: 440-248-5406 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Britton -Gallagher and Associates, Inc. 6240 SOM Center Rd. Cleveland OH 44139 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # MSURED Thunder Fireworks, Inc. dba Gordco, Inc. INSURERALexington Insurance Co INSURER& INSURERC: 5207 187th Street E 1 INSURERD: Tacoma WA 98446 INSURER E: 0011/ :I;I;IC1 Z7 THE POLICIES OF INSURANCE LISTED BELOW RAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, OTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUNIM WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HERRIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDIL_LT& hm -TYPE OF INSURANCE POLICYNUMBER POLJCYEFFECTIYE POLICY EXPIRATION LMITS A OENERALUABlU Y % COMMERCIAL GENERAL LIABILITY CLAIMS MADE Fx_1 OCCUR 43925453-01 11/15/2009 11/15/2010 EACH OCCURRENCE $ 1 000 00 PRGETORENTED EMISES Meoaurence $501000 MEDEXP(Any aneperson) $ PERSONAL & ADV INJURY $ 1 000 0 0 0 GENERAL AGGREGATE $ 2 0 0 0 0 0 0 GEN'LAGGREGATELiMfFAPPLIES PER: POLICY 1:1PRO- LOG PRODUCTS -COMPMPAGG $ 2 000 OQO AUTOMOBILE LIABILITY ANYAUTO �MaccidE�0dSINGLE ElMR $ ALLOWNF-DAUT03 SCHEDULED AUTOS BODILY[NJURY (Per person) $ HIREDAUTOS NON -OWNED AUTOS BODILY[NJURY (Par aodderrt) $ PROPERTYDAMAGE (Peraoddent) $ GARAGELIABILRY AUTO ONLY-EAACCIDENT $ OTHERTHAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG HXCESSNMBRELLALIABILITY EACHOCCURRENCE $ AGGREGATE $ OCCUR CLAIMSMADE $ $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WOCSLITU- MCM �TH- E.L. EACH ACCIDENT $ ANY PROPRIETORIPARTNERIEXFCUTTVE OFFICERrMEMBEREXCLUDED? tFpas, desaibe under SPEC IALPROVISIONSbalow EL.DISEASE -EAEMPLOYEE $ E.L. DISEASE -POLlCYLIMR § OTHER DESCRIPTION OF OPERATIONS I LOCATIONS VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS OCATION: 1700 MILE HILL DRIVE, PORT ORCHARD, WA 98366 DITIONAL INSURED: CITY OF PORT ORCHARD AND ALL IT'S EMPLOYEES; KITSAP COUNTY AND ALL ITS EMPLOYEES; TOWN SQUAR OF PORT ORCHARD, LARRY AND GRACE LEE; ROCHELLE SAVAGE AND ALL HER EMPLOYEES CITY OF PORT ORCHARD 216 PROSPECT AVE PORT ORCHARD, WA 98366 ACORD 25 (2001103) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES 13E CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE (DACORDCORPORATION 7998 - - '-- - x Po_,r._; h ' r �?-ilLCLLCll' L1 C lYLU141LULL]L�ILCLLLN�C ' rt Orchard WA 983License NliWber FL _00667' � 66 ... � '. ° ' "Detach siwalI ;:.. WSP4 r -thv��cattion of cedrnfc hon h Y� Stand Informatzon. G � WashKAgton State Patrol � �Y 2 O ',� Stand -Location -Z 3 COMMERCIAL. LEASE THIS LEASE, dated this day of April 2010 between South Kitsap Mall, LLC, dba Towne Square Port Orchard, hereinafter called "Lessor' and/or "Landlord," and Rochelle Savage„ hereinafter called "tenant' and/or Lessee." WITNESSETH: Lessor leases to Tenant and Tenant leases from Lessor, in accordance with the terms hereof, the Parking Lot situated at 1700 SE Mile Hill Dr. in the City of Port Orchard, County of Kitsap, and State of Washington. 1. USE. The premises shall be used and occupied only for any and all purposes allowed by Tenant's Articles of Incorporation, and for no other purpose without prior written consent of Landlord, which consent may be withheld or conditioned as Landlord may deem appropriate within the exercise of its sole discretion. 2. TERM. The term of this lease shall be for Four (4) years and shall commence on June 25 to July 6 of each year beginning 2010 and ending July 6, 2013. Each term is for One (1) Week. 3. RENT. Tenant agrees to pay to Lessor at the office designated by Lessor, as rent for said Premises, the following annual rental: 0 June 25 to July 6 each year $1200.00 for one week Payment is clue by the le of July each year. $200.00 security deposit is due prior to June 2e of each year. All payments are due in advance on the first day of each year of the lease term of any period prior or subsequent thereto while Tenant is in possession of the Premises. A ban on selling fireworks, and inability to purchase a permit for selling fireworks would void this agreement. 4. RENEWAL OPTION. If tenant is not in material default, tenant shall have an option to renegotiate this lease for an additional 4 year term ( 1 week per year) @ the published cost of living increase or 5% which ever is lowest) 5. DEPOSITS. Refundable security deposit of $200.00 deposited with Lessor, as partial security for the performance of Tenant's obligations under this lease. Lessor may at any time apply such deposit against any loss or damage suffered by reason of any default by Tenant, including the cost of cleaning and repairing said premises as caused by Tenant, but should return any remaining part of the lease deposit without interest to Tenant upon expiration of the lease. If any portion of the security deposit is used or applied by Lessor at any time, Tenant will, upon demand, deposit additional cash security to restore the security deposit to its original amount. The security deposit need not be held in any special account. G. TENANT ACCESS. Tenant will have the right to access the suite upon bringing the lease payments current. Conditional to the deposits received and the lease signing. 7. TAXES, ASSESSMENTS AND INSURANCE. Tenant agrees to pay mortgage payment and all real estate taxes and assessments applicable to the Premises, which are due and payable during the term of this lease or any extension thereof. S. REPAIRS AND MAINTENANCE. Premises have been inspected and are accepted by Tenant in their present condition. Tenant shall, at its own expense, build to suit, and at all times keep the Premises neat, clean, and in a sanitary condition, and keep and use the Premises in accordance Ninth W applicable laws, ordinances, rules, regulations and requirements of governmental authorities. Tenant will permit no waste, damage, or injury to the Premises. Tenant shall make repairs necessary to maintain the Premises in as good condition as they now are, reasonable use and wear and damage by fire and other casualty excepted. At the expiration of sooner termination of this lease, Tenant will quit and surrender the said Premises in a neat and "broom" clean condition, and will deliver all keys belonging to said Premises to Lessor, or Lessor's agent. Should Tenant fail to render possession of the Premises to Lessor as provided herein, Lessor shall have the right to perform the work necessary to put said Premises in a "broom" clean condition, at Tenant's expense, and Tenant agrees to reimburse Lessor a reasonable sum therefore. 9. UTILITIES AND FEES. Tenant agrees to pay all charges for light (up to 280 hours), and all other utilities and services to the Premises during the term of the lease. Tenant is responsible for its trash removable. Tenant shall pay all license fees and other governmental charges and levies on the operation of Tenant's business from the Premises. 10. ACCIDENTS AND LIABILITY. Lessor or its agents shall not be liable for any injury or damage to persons or property sustained by Tenant or others in or about the Premises. Tenant agrees to defend and hold Lessor and its agents harmless from any claim, action, and/or judgment for damages to property or injury to persons suffered or alleged to be suffered on the Premises by any person, firm or corporation, unless caused by Lessor's negligence. Tenant agrees to maintain a minimum of $1,000,000 public liability insurance on the Premises, and shall name Lessor as an additional insured. Tenant shall furnish Lessor a certificate indicating the insurance policy is in full force and effect, that Lessor has been named as an additional insured, and that the policy may not be canceled unless ten (10) days' prior written notice of the proposed cancellation has been given to Lessor. Tenant shall, at Tenant's expense, maintain on all of Tenant's leasehold improvements and alterations on the premises a policy of standard fire insurance, with extended coverage, in the amount of their replacement value, Such insurance shall name landlord and Tenant as co -insureds. All proceeds of any such insurance shall be applied to the restoration of fixtures, improvements and alterations to the extent provided in Paragraph 16 herein. Any proceeds of such insurance remaining after such restoration shall belong to Tenant. 11. COMPLIANCE WITH LAWS AND REGULATIONS. Lessor shall not be called upon to make improvements of any kind to the Premises. Tenant shall at all times keep and use the Premises in accordance with all laws and regulations including rules and regulations of any health officer, fire marshal, building inspector or other official officer, at the sole cost and expense of Tenant. Tenant will permit no waste, damage or injury to the Premises and will not permit in said Premises anything that will increase the rate of fire insurance, nor will Tenant maintain anything that may be dangerous to life or limb; or overload floors; or permit any objectionable noise or odor; nor permit anything to be done in the Premises that will tend to create a nuisance or disturb any other Tenant; nor use or permit the use of the Premises for lodging or sleeping purposes or any immoral or illegal purpose. 12. LIENS AND SOLVENCY. Tenant shall keep the leased Premises and the property on which the leased Premises are situated, free from any liens arising out of any work performed, materials furnished or obligations incurred by Tenant, and hold Lessor harmless therefrom, including all costs and attorneys' fees. In the event Tenant becomes insolvent, voluntarily or involuntarily bankrupt, or if a receiver, assignee or other liquidating officer is appointed for the business of Tenant, then Lessor may cancel this lease at Lessor's option and tenant shall nevertheless be liable for any further losses of damages sustained by Lessor so caused by Tenant. 13. ASSIGNMENT. Tenant shall not assign this lease or any part thereof, nor let or sublet the whole premises without the written consent of Lessor. Said consent shall not be unreasonably withheld. This lease shall not be assignable by operation of law. If Tenant is a corporation, then any rR-q 1a transfer of this lease from Tenant by merger, consolidation, liquidation or any change in the ownership of, or power to vote, the majority of its outstanding stock shall constitute an assignment for the purpose of this paragraph. Any assignment of the lease shall not extinguish or diminish the liability of Tenant herein. In the event of any assignment consented to by Lessor, Tenant shall pay One Hundred Dollars ($100.00) to Lessor as consideration for consenting to such assignment. Consent, once given by Lessor, to the assignment or subletting shall not relieve Tenant from obtaining written consent to any new or future assignment or subletting as required herein. 14. ACCESS. Tenant will allow Lessor or Lessor's agent access at all reasonable times to said Premises for the purposes of inspection, or making repairs, additions, or alterations to the Premises, or to any property owned by or under the control of Lessor. Lessor shall have the right to place and maintain "For Rent" signs in a conspicuous place on said Premises and to show Premises to prospective Tenants for sixty (60) days prior to the expiration and/or termination of this lease. Lessor or Lessor's agent shall give at least 48 hours advance notice to Lessee in the event of making repairs, addition or alterations to the premises or in the presence of Lessee. 15. POSSESSION. In the event of the inability of Lessor to deliver possession of the Premises, or any portion thereof, at the time of the commencement of the term of this lease, neither Lessor nor Lessor's agents shall be liable for any damage caused thereby, nor shall this lease thereby become void or voidable, nor shall the terms herein specified be in any way extended, but in such event, Tenant shall not be liable for any rent until such time as Lessor can deliver possession. If Tenant shall take possession of the Premises prior to the commencement date of this lease, Tenant and Lessor agree to be bound by all of the provisions and obligations hereunder during such prior period, including payment of rent at the rate stated herein. 16. DAMAGE OR DESTRUCTION. In the event the Premises are damaged to such extent as to render the same untenable in whole or in substantial part and Lessor elects to repair or rebuild, the work shall be prosecuted without unnecessary delay. Rent shall be abated while such work is in progress in the same ration that the portion of the Premises unfit for occupancy shall bear to the whole of the leased Premises. If, after a reasonable time, Lessor shall fail to proceed to repair or rebuild, Tenant shall have the right to declare this lease terminated by written notice served to Lessor. In the event the building in which the leased Premises are located shall be destroyed or damaged to such extent that in the opinion of Lessor it shall not be practicable to repair or rebuild, it shall be optional with Lessor to terminate this lease by written notice mailed to Tenant within twenty (20) days after such damage or destruction. 17. SIGNS. All signs or symbols placed by Tenant in the windows and doors of the Premises, or upon any exterior part of the building shall be permitted by Lessor. At the termination of this lease, Tenant will remove all signs placed by it upon the Premises, and will repair any damage caused by such installation or removal. All signs must comply with sign ordinances and will be placed in accordance with required permits. 18. ALTERATIONS. Tenant shall not make any major alterations, additions, or improvements in said Premises without first obtaining the consent of Lessor in writing. All such alteration, additions and improvements shall be at the cost and expense of Tenant, and shall become the property of Lessor and shall remain in and be surrendered with the Premises as a part thereof at the termination of this lease without disturbance, molestation, or injury, except for any improvements that Lessor may elect to request Tenant to remove. If Tenant shall perform work with the consent of Lessor, as aforesaid, Tenant agrees to comply with all laws, ordinances, rules and regulations of the appropriate city or county, and any other authorized public authority. Tenant further agrees to hold Lessor harmless from damage, loss, or cost arising out of the said work. Tenant agrees that Lessor has the right to make alterations to the Premises and to the building in which the Premises are situated and Lessor shall not be liable for any damage which Tenant might suffer by reason of such undertaking. 19. DEFAULT AND REENTRY. If any rents above reserved, or any part thereof, shall be and remain unpaid when the same shall become due, or if Tenant shall violate or default in any of the covenants and agreements herein contained, then Lessor may cancel this lease upon giving the notice required by law, and reenter said Premises, using such force as may be required. Notwithstanding such reentry by Lessor, the liability of tenant for the rent provided for herein shall not be extinguished for the balance of the term of this lease, and Tenant covenants and agrees to make good to Lessor any deficiency arising from a reentry and resetting of the Premises at a lesser rental than agreed to herein. Tenant shall pay such deficiency each month as the amount thereof for the purpose of reletting said Premises or any part thereof, Tenant shall also be responsible for such cost. 20. NON -WAIVER. The failure of Lessor to insist upon strict performance of any of the covenants and agreements of this lease, or to exercise any option herein conferred in any one or more instances, shall not be construed to be a waiver or relinquishment of any such, or any other covenants or agreements, but the same shall be and remain in full force and effect. 21. COSTS AND ATTORNEYS' FEES. All costs and expenses, including attorneys' fees in a reasonable amount, incurred by Lessor or Tenant in enforcing the obligation of Tenant of Lessor under this leases, shall be paid by the defaulting party to the prevailing party upon demand. The venue of any legal action brought under the terms of this lease shall be in the county in which the premises are situated. 22. REMOVAL OF PROPERTY. In the event of any reentry or taking possession of the leased Premises for default, Lessor shall have the right, but not the obligation to remove from the leased Premises all personal property located therein, and may store the same in any place selected by Lessor, including but not limited to a public warehouse, at the expense and risk of owners thereof, with the right to sell such stored property, without notice to Tenant, after it has been stored for a period of thirty (30) days or more, the proceeds of such sale to be applied first to the cost of such sale, second to the payment of the charges for storage, if any, and third to the payment of any other sums of money which may be due from Tenant to Lessor under any of the terms hereof, and the balance, if any, without interest to be paid by Tenant. Tenant hereby waives all claims for damage that may be caused by Lessor's reentering and taking possession of the Premises or removing and storing the property of Tenant as provided in this lease, and will hold Lessor harmless from loss, costs or damages occasioned by Lessor hereby. No such reentry shall be considered or construed to be a forcible entry. 23. TERMINATION FOR GOVERNMENT USE. In the event that any federal, state or local government or agency or instrumentality thereof shall condemn or otherwise take title, possession or the right to possession of the Premises, or any part thereof, Lessor may, at its option, terminate this lease as of the date of such taking and if Tenant is not in default under any of the provisions of this lease on said date, any rent prepaid by Tenant shall to the extent allowable for any period subsequent to the effective date of the termination be promptly refunded to Tenant. 24. TRANSFER BY LANDLORD. If Lessor shall assign its interest under this lease or transfer its interest in the Premises, Lessor shall be relieved of any obligation accruing hereunder after such assignment or transfer, and such transferee shall thereafter be deemed to be Lessor hereunder. Lessor shall transfer Tenant's security to such transferee, and Tenant shall look solely to such transferee for the return of such deposit. 25. HEIRS AND SUCCESSORS. Subject to the provisions hereof pertaining to assignment and subletting, the covenants and agreements of this lease shall be binding upon the heirs, legal representatives, successors and assigns of any or all of the parties hereto. 26. HOLDOVER. If Tenant shall, with the written consent of Lessor, holdover after the expiration of this lease, such tenancy shall be for an indefinite period of time on a month -to -month tenancy, which tenancy may be terminated as provided by Law. During such tenancy, Tenant agrees to pay Lessor one hundred ten percent (110%) or the same rental as provided herein, unless a different rent is agreed upon, and to be bound by all of the applicable terms and conditions of this lease. 27. SUBORDINATION. This lease is subordinate to all present and future mortgages, deeds of trust and other encumbrances affecting the demised Premises or the property of which said Premises are a part. Tenant agrees to execute, at no expense to Lessor, any instrument which may be deemed necessary or desirable by Lessor to further effect the subordination of this lease to any mortgage, deed of trust or encumbrance. Tenant irrevocably appoints and constitutes Lessor as the true and lawful attorney -in -fact for Tenant at any time in Tenant's name, place and stead, to execute proper subordination agreements for this purpose. 28. MUTUAL RELEASE AND WAIVER. To the extent a loss is covered by insurance in force, Lessor and Tenant hereby mutually release each other from liability and waive all right of recovery against each other for any loss from perils insured against under their respective fire insurance policies, including any extended coverage endorsement thereto; provided that this agreement shall be inapplicable if it would have the effect of invalidating any insurance coverage of Lessor or Tenant. 29. NOTICE. All notices to be given by the parties hereto shall be in writing and may either be served personally or may be deposited in the United States mail, either certified of regular mail. If to be given Lessor, to be addressed to Lessor or Lessor's agent, or, if to be given Tenant, may be addressed to Tenant at the leased premises. 30. SECURITY MEASURES. Tenant hereby acknowledges that the rental payable to Lessor hereunder does not include the cost of security measures, and that Lessor shall have no obligation whatsoever to provide same. Tenant assumes all responsibility for the protection of Tenant at the leased Premises. 31. JOINT AND SEVERAL LIABILITY. If more than one party shall execute this lease as Tenant, such parties shall have joint and several liability for all obligations of Tenant set forth herein. 32. TIME IS OF THE ESSENCE OF THIS LEASE. The parties hereto have executed this Lease at the place and on the dates specified immediately adjacent to their respective signatures. LANDLORDILESSOR Towne a Orchard, LLC BY DATE 5`—!�`— JG TITLE TENANTILESSEE Rochelle IWO TITLE DATE /-/, I �-- i 0 Jo7 r 7 j:y 1.=na r aAp3 City Clerk's Office 216 Prospect Street Port Orchard, WA 98366 .J A N 360-876-4407 * 360-895-9029 (fax) F, rtiP -., ; D FIREWORKS APPLIGAuoN j �` Ci �" 'I(S OFFICE. (Port Orehard Municipal Code. 5.6o) City Business License # (Fireworks License cannot be issued unless your City Business License is current) Sales License Fee $io.00 Bond $50.00 NOTE: Acceptance of this application by the City Clerk's Office does NOT indicate or guarantee approval of the application or the dates requested. Each application will be reviewed by City staff and Council Committee. Additional information may be requested by city personnel prior to submittal of the application to the City Council for final consideration. No statement made by city staff or elected official prior to final consideration by the City Council shall obligate the City Council in any manner. Name of Sponsoring Name of Person Completing This Application: : > 0 V\O UOL i`\ C� ,L S Point of Contact: L P I ` L O At Telephone: Address: Ho - i66x Z Lalo 0 Street City /`� State y� Zip Code Dates of Temporary Stand: fit-1'1 2-9 � -�-0 (,�C � rA Location of Temporary Stand: 5 Time Open to Public: J:w Aln _ eV 40!s-. Closing Time•-- // ; oo Pm This application form was designed for use by applicants for various types of events. Please answer all questions; you may attach additional pages if necessary. S44 1. of event and how this event bene the commune : 63 ri ,'-e 2. What is expected traffic pattern for the event? Attach a site neap indicating Iocation of each activity/vendor(s), fire lanes, garbage, and resiroom/sari-cau(s): �� 3. Describe how public safety, traffic and crowd control will be provided. How many police officers do you anticipate will be needed for (i) traffic control and (2) crowd control?g.._A/] 4• 61 ow many parycinants and visito cars are �n 'cipated an � wherq will parl1uu'r;g be p vided? Y r1 1 sz 0 sfa 6. How have 7. Weribe hoAv fire lanes City Clerk's Office 216 Prospect Street Port Orchard, WA 98366 360-876-4407 * 360-895-9029 (fax) coordinated with the J `r identified and kept open: a � w i l 1 ka- up-2.0 +' (a odj 8. Will this event require the closure of any street? If so, list street name with date and time of requested closure: 9. If any event activity or vendor requires electrical connections o other accommodation to operate, indicate location and how you anticipate meeting their needs:il io. Hwill the event arcoe cleaned 40re, during and after the event? od It. If your event requires vehicles to be towed, your organization must accept responsibility and indemnify the City of Port Orchard and other authorizing property owner(s) by agreeing to pay tow/storage charges or damage claims which result from the vehicle being towed, if a court rules in favor of the re tered owner and orders payment of such charges or damage claims. Do you accept this responsibility? ❑Yeso If yes, name of erson responsible foFl rende ' g paypient of tow/sto a charg If no, eacplain why: `` ,, (Sy 2 c. I c,1 /1 '� 12. When specifying location of event activity/vendor(s), do you anticipate utilizing any area not owned or managed by the City of Port Orchard? ❑Yes IIlo If yes, the owner mane er of subject VM@M must com 1 to and sign the following: Name of property owner: Authorizing authority. Address: Signature of authorizing authority: Telephone: A. If the City of Port Orchard approves this application for public event, will your organization grant permission for the sponsoring organization to use your property on the dates specified, for the purpose and activities described in this application? ❑Yes ❑ No If yes, please complete the following: S. Are there any limitations or restrictions on use of your property? ❑ Yes ❑ No If yes, please describe in C. Do you require the event sponsor list you as an Additional Named Insured and provide an insurance certificate to your organization prior to the event date? ❑ Yes[] No If yes, please indicate coverage limits you require for general liability, property damage and or personal injury? City Clerk's Office 216 Prospect Street Port Orchard, WA 98366 360-876-4407 * 360-895-9029 (fax) ig. If nature of this event requires event workers to stay overnight (such as carnival or other event workers) where and how do you anticipate providing their lodging? If you anticipate utilizing private property(s) for lodging or other purposes, the -owner of the subject ro s must complge and si the following: Name of property owner: Authorizing authority: Address: Signature of authorizing authority: 'title: . Telephone: A. Are there any limitations or restrictions on use of your property? ❑ Yes ❑ No If yes, please describe in detail: B. Do you require the event sponsor list you as an Additional Named Insured and provide insurance certificate to your organization prior to the event date? ❑ Yes ❑ No If yes, please indicate coverage limits you require for general liability, property damage and or personal injury? C. How will use of your property by event workers impact neighboring property owners? Describe steps that will be taken to mitigate any adverse impact(s): 14. 15. INSURANCE REQUIREMENTS: Sponsoring organization must provide an insurance certificate, io days prior to the event, with the City of Port Orchard and other applicable parties shown as Additional Named Insured. Minimum coverage to be as follows: $ioo,000 inability; $goo,000 Bodily injury; $5o,000 Property A. Can you provide this Insurance Certificate? Yes ❑ No Z2 iv SIGNATURE OF APPLIC Date: Non Display Cerifcae of nsura PRODUCER Debbie Martino THIS CERTIFICATE IS ISSUED AS A MATTER OF INFO IAKWHI696ti, CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTI 7 Combined Specialties International, Inc. DOES NOT AMEND, EXTEND OR LATER THE COVERAGE AFFORDED BY THE 205 San Marin Drive, Suite 5 POLICIES BELOW. Novato California 94945 INSURERS AFFORDING COVERAGE INSURER A; Underwriters. Lloyds of London INSURED INSURER B: Arrow Fireworks, ULG P.O. Box 2190 INSURER C: lIbIBLIBEB D, Yelm Washington 98597 COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE NAMED INSURED ABOVE FOR THE PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES INCLUDING, BUT NOT LIMITED TO THOSE FOLLOWING: LIMITS SHOWN MAY NAVE BEEN REDUCED BY PAID CLAIMS. ADDITIONAL CONDITIONS AND EXCLUSIONS: 1) THE INSURANCE EVIDENCED BY THIS CERTIFICATE IS LIABILITY INSURANCE ONLY, IT IS NOT A BOND OR ANY FORM OF SURETY AGAINST WHICH SOMEONE OTHER AN "INSURED" MAY ASSERT A CLAIM OR BRING ANY ACTION. SUBJECT To POLICY TERMS, CONDITIONS, DEFINITIONS AND EXCLUSIONS THE INSURANCE ONLY INDEMNIFIES AN INSURED AGAINST CERTAIN LEGAL LIABILITY. 2) THE INSURANCE DOES NOT COVER CLAIMS FOR BODILY INJURY OR PROPERTY DAMAGE OF THE NAMED INSUREDS SHOOTER(S) ASSISTANT(S) OR ANY OTHER PERSON(S) INCLUDING ANY VOLUTEER(S) PARTICIPATING IN ANY WAY IN ANY DISPLAY OR SPECIAL EFFECT PERFORMED OR EXECUTED BY THE NAMED INSURED. S)COVERAGE DOES NOT APPLY TO CLAIMS FOR BODILY INJURY OR PROPERTY DAMAGE ARISING OUT Or THE INSURERS FAILURE TO FOLLOW NFPA OR OTHER APPLICABLE REQUIREMENTS, LAWS OR RECOMMENDATIONS, INCLUDING THOSE RELATING TO POST DISPLAY OR SPECIAL EFFECT SEARCHES OR CLEAN UP. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MWD2M POLICY EXPIRATION DATE (MMfDqn LIMITS A GENERAL LIABILITY 12366281621010 April 13.2010 April 13.2011 EACH ACCIDENT $1,000,000 CLAIMS MADE MEDICAL EXP $5,000 (any one person) FIRE LEGAL LIABILITY $50,000 GENERAL AGGREGATE $1,000.000 PRODUCTS-COMPIOPS AGG $1,000,oco AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT f,0")0)00 $ (Ea accident) ANY AUTO ANY OWNED AUTO SCHEDULED AUTOS BODILY INJURY (Per person} $ BODILY INJURY $ HIRED AUTOS NON -OWNED AUTOS (Per accident) PROPERTY DAMAGE (Per person) EXCESS LIABILITY EACH ACCIDENT $ FOLLOWING FORM AGGREGATE $ WORKERS COMPENSATION WC STATU- OTHER AND EMPLOYERS' LIABILITY TORYLIMITS $ E.L. EACH ACCIDENT $ E.L. DISEASE -EA EMPLOYER $ JE.L DISEASE -POLICY LIMIT $ 1 OTHER I I I I DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS City of Port Orchard as property owner is additional insured as respects the sale of fireworks at IM Olney Avenue, Port Orchard, WA from June 28,20110-July 5,2010 CERTIFICATE HOLDER CANCELLATION City of Port Orchard SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE 216 Prospect Street THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE Port Orchard, WA 98366 CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES IAUTHQRIZED REPRESENTATIVE Domestic Profit Corporation Renewed by Authority of Secretary of State REGISTERED TRADE NAMES: DEVIL D FIREWORKS, INC Washington State Patrol Fire Protection Bureau Office Of The State Fire Marshal Washington State Fireworks License Wholesaler: Arrow Fireworks 16416 Bald Hill Road, Post Office Box 2190 Yelm, WA 98597 In -State Representative: Lloyd Pukis Phone Number: (360) 894-7759 Date of Issue January 29, 2010 3000-420-012 (R 9105) Expiration Date January 31, 2011 10795 Wholesaler License License Number C-04227 i f Detach this wallet card and carry with you for verification of certification. Washington State Patrol Fire Protection Bureau 10795 Office Of The State Fire Marshal Wholesaler: Arrow 'Fireworks License Number: C-04227 Type of License: Wholesaler.' Phone Number: (300) 8 4 7759 Expiration Date: Janii r 3 3.2011 State Fire Marshal Signature Licensee Signature Windows Live Hotmail Print Message Page 2 of 2 455 N. Camden Drive, Suite Soo beverI�q Hills, CA 9o21 o IA. 5 1 O-7-78-ZO56 extension 4 rax: 5 1 O-2 J8-26 1 3 email: smoyiVenOJolmarinc.com From: Janet Pukis [mailto:jpukis@hotmail.com] Sent: Wednesday, February 17, 2010 5:12 PM To: Steve Moaven Subject: 2010 Fireworks lease agreement Hi Steve: It's time to start getting organized. I hope we can have another lease for the fireworks stand in Port Orchard? Happy 2010. I just had a total knee replacement so things can only get better. Hope to hear from you soon, Jan @ Arrow Fireworks Hotmail: Trusted email with powerful SPAM protection. Sign up now. Hotmail: Powerful Free email with security by Microsoft. Get it now. Windows Live Hotmail Print Message Pagel of 2 RE: 2010 Fireworks lease agreement From: Steve Moaven (smoaven@dolmarinc.com) Sent: Mon 2/22/10 4:29 PM To: Janet Pukis Opukis@hotmail.com) Sounds good. We have a deal. We will send you t6 paper work. TkanL�ou, Steve Moaven senior rortfolio manager .bila% Investments Dolmar, Inc. 455 N. Camden Drive, Suite 500 f5everl,9 hills, CA 9o21 O Tel: 5 1 O-278-2056 extension 4 rax: 31 0-278-261 3 email: smoaven@dolmarinc.com S�n�� �j..v�e55 S�`� 0 1 Rsq WWT5652 ! j City Clerk's Office, ; t , 216 Prospect Street Port Orchard, WA 98366 360-876-4407 * 360-895-9029 (fax) jo 000 My CT FIREWORKS APPLICATION R lCS (i i��'�� (Port Orchard Municipal Code. 5.60) City Business License # (Fireworks License cannot be issued unless your City Business License is current) Sales License Fee $1o.00 Bond $5o.00 NOTE: Acceptance of this application by the City Clerk's Office does NOT indicate or guarantee approval of the application or the dates requested. Each application will be reviewed by City staff and Council Committee. Additional information may be requested by city personnel prior to submittal of the application to the City Council for final consideration. No statement made by city staff or elected official prior to final consideration by the City Council shall obligate the City Council in any manner. Name of Sponsoring Organization: S I LVERDALE BAPTIST CHURCH Name of Person Completing This Application: BRENDA MERRITT , 253-922--0800 Point of Contact:_ KRI S TINA MUHLEMAN Telephone: 3 6 0 - 2 71- 8 5 64 Address: 8278 ST HWY 303 NE BREMERTON, WA 98311 Street City State Zip Code Dates of Temporary Stand:. 6 / 2 8 - 7 / 4 Location of Temporary Stand: VACANT LOT SWC OF SW SEDGEWICK & SIDNEY PORT ORCHARD Time Open to Public: Closing Time: This application form was designed for use by applicants for various types of events. Please answer all questions; you may attach additional pages if necessary. i. Describe type of event and how this event will benefit the community: _ nnT.r,A R S R A T S RT) 1111-L (RACK TNTci 1119 CflM1NITY FOR VAR DUD AClIVTTTFS 2. [That is expected traffic pattern for the event? Attach a site map indicating location of each activity/vendor(s), fire lanes, garbage, and restroom/sari-cans) SFE ATTACBRD 3. Describe how public safety, traffic and crowd control will be rovided. How many police officers do you anticipate will be needed for W traffic control and (2) crowd control? NA 4. Describe how sanitation control (garbage and restrooms) will be provided and maintained: BE PICKED UP EVERY OTHER DAY MY TNT T13L[iXR 5. How many participants and visitor cars are anticipated and where will parking be provided? ABOUT 50 CARS A DAY AND PARKING WILL BE PROVIDED City Clerk's Office 216 Prospect Street Port Orchard, WA 98366 360-876-4407 * 360-895-9029 (fax) 6. How have parking impacts been coordinated with the neighbors (residential and/or business)? FARKING _ PROVIDED BY THE PROP OWNER AND WILL NOT AFFECT NEIGHBORS 7. Describe how fire lanes will be identified and kept open: STAND & TENTS HAVE 20-FT ALL AROUND 8. Wild this event require the closure of any street? If so, list street name with date and time of requested closure: 9. If any event activity or vendor requires electrical connections or other accommodation to operate, indicate location and how you anticipate meeting their needs: npFRATOR Wtii, PRQVTDR THEIR OTAIN G-ENrRATORS, TE NEEDED 1o. How will the event area be cleaned before, during and after the event? GARBAGE WILL BE PICKED UP E.yI:.RY_ OTHER DAY, SITE WILL RE INSPECTED WHEN EVENT IS OVER 11. If your event requires vehicles to be towed, your organization must accept responsibility and indemnify the City of Port Orchard and other authorizing property owner(s) by agreeing to pay tow/storage charges or damage claims which result from the vehicle being towed, if a court rules in favor of the registered owner and orders payment of such charges or damage claims. Do you accept this responsibility? []Yes ® No If yes, name of person responsible for rendering payment of tow/storage charges. If no, explain why: DATE TO VEHICLES VI S IUNG LOCATIM IT WOULD RE UNDER ME CUSTOMER RESPONSIBILITY 12. When specifying location of event activity/vendor(s), do you anticipate utilizing any area not owned or managed by the City of Port Orchard? ❑Yes fNo If yes, the owner manager of subject property must corplete and am 1 the following: Name of property owner: Authorizing authority: Title: - Address: Telephone: Signature of authorizing authority: A. If the City of Port Orchard approves this application for public event, will your organization grant permission for the sponsoring organization to use your property on the dates specified, for the purpose and activities described in this application? aes ❑ No If yes, please complete the following: B. Are there any limitations or restrictions on use of your property? ❑ Yes ❑ No If yes, please describe in detail: C. Do you require the event sponsor list you as an Additional Named Insured and provide an insurance certificate to your organization prior to the event date? ❑ Yes ❑ No If yes, please indicate coverage limits you require for general liability, property damage and or personal injury? City CIerk's Office 216 Prospect Street Port Orchard, WA 98366 360-876-4407 * 360-895-9029 13. If nature of this event requires event workers to stay overnight (such as carnival or other event workers) where and how do you anticipate providing their lodging? If you anticipate utilizing private property(s) for lodging or other purposes, the owner of the &I bject p_ropedyLs) must complete and sign the following: Name of property owner: SEE ATTACHED LEASE Authorizing authority: Title: Address: Telephone: Signature of authorizing A. Are there any limitations or restrictions on use of your property? ❑ Yes ❑ No If yes, please describe in B. Do you require the event sponsor list you as an Additional Named Insured and provide insurance certificate to your organization prior to the event date? ❑Yes ❑ No If yes, please indicate coverage limits you require for general liability, property damage and or personal injury? C, How will use of your property by event workers impact neighboring property owners? Describe steps that will be taken to mitigate any adverse impact(s): 14. Please provide any other information, which you believe, will assist the City in the review process: TaE SATES ASSOCIATE FOR PORT ORCHARD IS EMILY SWISHER SHE CAN BE REACHED_ AT _ 2 i 922-0800 _ -- --- - -. - - 15. INSURANCE REQUIREMENTS: Sponsoring organization must provide an insurance certificate, io days prior to the event, with the City of Port Orchard and other applicable parties shown as Additional Named Insured. Minimum coverage to be as follows: ' $aoo,000 Liability; $30o,000 Bodily Injury, $So,000 Property A.. Can you provide this Insurance Certificate? X❑ Yes ❑ No SIGNATURE OF APPLICANT& FOR KRISTINA MEHLEMAN Date: 04/12/2010 SITE DIAGRAM Date Updated: 4 Location #: W '3&G 2 Location Name:V�OOLYY Lut Ordinance Of: &' 0; SwG of SW Site Address: V s Structure Size: a �� T-�ih-�` CITY aYi OYG1 aypi STATE/ZIP )N q%a Structure Faces: Parcel: Notes TNT 50, X 30 Tent Layout Exit 5'6" 39 ELI n Counter 10 -�-ll I Entrance 8' = 8" Table 6'Table 0 APPLICATION FOR RETAIL FIREWORKS STAND PERMIT WWT5652 TO: Governing body of city, town, or county in which DATE OF fireworks stand will be located. I APPLICATION: JAN. 02, 2010 Applicant Name: Address, City, State: SILVERDALE BAPTIST CHURCH 2120 MILWAUKEE WAY, TACOMA„ WA 98421 Sponsor (If other than aoolicant): Address, City, State: KRISTINA MUHLEMAN 2120 MILWAUKEE WAY, TACOMA„ WA 98421 Location of Provosed fireworks stand: [Enclose drawing of stand location] SWC OF SE CNR OF SEDGWICK & VACANT LOT SIDNEY PORT ORCHARD, WA Manner and place of story a rior Burin and after sales dates: ON SITE WITH SECURITY State Licensed Fireworks Supplier: American Promotional Events NW 2120 Milwaukee Way, Tacoma, WA 98421 FIREWORKS STAND PERMIT For The Fireworks Sales Year Of: 2010 (Must be conspicuously displayed at all times while the stand is open to the public) By virtue of having been granted a license by the State of Washington and this permit from CITY OF PORT ORCHARD the local governing authority, the named person, firm or organization is hereby authorized to sell U.N. 0336 I AG Consumer fireworks at the location designated herein between the following date and times: Sales For July 4a' Sales For December 31st From: From: To: To: Sponsor: SILVERDALE BAPTIST CHURCH Location: —VACANT LOT SE CNR OF SEDGEWICK & SIDNEY PORT ORCHARD, WA Isl Isl.na. FOR KRISTINA MUHLEMAN Signature of Official Granting Permit Signature of Applicant Title: Agency: Date: Permit Number: Licensee Name: SILVERDALE BAPTIST CHURCH License Number: CAS4 3000-42"13 (Rev.2/05) Washington State Patrol Fire Protection Bureau Office Of The State Fire Marshal Washington State Fireworks License w WTSLFD2 11347 Fireworks Stand License Licensee Information Silverdale Baptist Church 2120 Milwaukee Way Tacoma, WA 98421 License Number: WSPFL-01829 Stand Information License is Non -Transferable and Valid for Only One Stand Contact Person: Kristina Muhleman Phone Number: (360) 271-8564 County: Kitsap Date of Expiration_ Date of Issue Stand Number: SN-05048 January 31, 2011 April 8, 2010 Stand Location: [Stand Location To Be Completed By Licensee] 3000-420-012 (R 9/05) State Fire Marshal Signature Detach this wallet card and carry with you for verification of certification. Washington State Patrol 11347 Fire Protection Bureau Office Of The State Fire Marshal j ANNUAL FIREWORKS STAND LICENSE 'Licensee: Silverdale Baptist Church Contact Person: Krisiina.Muhleinan License Dumber: WSP)FL-01829 .. Stand Dumber: SN=05048 [Valid For One Stand] Date of Expiration: January 31;'2fi11- ; Lotation: [S1and Locat pn"Zo.Be'Completed By Licensee] State Fire Marshal Signature Licensee Signature ACORD. CERTIFICATE OF INSURANCE DATE ISSUE SSUE 010 PRODUCER MCGRIFF, SEIBELS & WILLIAMS, INC. P.O. Box 10265 This certificate is issued as a matter of information only and confers no rigghts upon the Certificate Holder. This Certificate does not amend, extend or le le the coverage afforded by the policies below. COMPANIES AFFORDING COVERAGE Birmingham, AL 35202 800-476-2211 Comp any Columbia Casualty Company INSURED Company American Promotional Events, Inc. 8 dba TNT Fireworks P.O. Box 1318 Florence, AL 35631 Company C Company D Company E This is to certify that the policies of insurance described herein have been issued to the Insured named herein for the policy period indicated. Notwithstanding any requirement, term or condition of contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, conditions and exclusions of such policies. Limits shown may have been reduced by paid claims. CO LT TYPE OF INSURANCE POLICY NUMBER EFFECTIVE EXPIRATION LIMITS OF LIABILITY A GENERAL LIABILITY ® Commercial General Liability ❑ Claims Made Eloccurrence ❑ Owners' and Contractors' Protection ❑ ❑ General Aggregate Limit applies per. ❑ Policy ❑ Project ®Location 4015727097 11/01/2009 11/01/2010 EACH OCCURRENCE ,000,000 FIRE DAMAGE 200,000 MEDICAL EXPENSE PERS. AND ADVERTISING INJURYJa$EXCLUDED ,000,000 GENERAL AGGREGATE ,000,000 PRODUCTS AND COMP. OPER. AG$ 2,000,000 AUTOMOBILE LIABILITY ❑ AnyAulomobile El All Owned Automobiles ❑ Scheduled Automobiles 0 Hired Automobiles ❑ Non -owned Automobiles ❑ COMBINED SINGLE LIMIT $ BODILY INJURY Per erson $ BODILY INJURY Per accident $ PROPERTY DAMAGE Per accident $ COMPREHENSIVE COLLISION WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY WC Statuto Limit Other EL EACH ACCIDENT $ EL DISEASE Each employee) $ EL DISEASE(Policy Limit $ EXCESS LIABILITY ❑ Occurrence ❑Claims Made EACH OCCURRENCE $ AGGREGATE $ $ Re: Vacant Lot located at SW Corner of SW Sedgewick & Sidney in Port Orchard, WA (WWT5652) The Certificate Holders are named as Additional insureds with respect to General Liability as required by written contract subject to policy terms, conditions, and exclusions. CERTIFICATE HOLDER SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. Silverdale Baptist Church Authorized Representative City of Port Orchard -� 216 Prospect St Port Orchard, WA 98366 Certificate ID N FIREWORKS LEASE AGREEMENT 5W 5idney P1azd, LLC -�'� 7'''�� This aareement is made between . SO Uf- _ _ as Lessor and AMERICAN PROMOTIONAL EVENTS NORTHWEST as Lessee. i . AMERICAN PROMOTIONAL EVENTS - NW, Will tease a portion 9i the property lacafed at bacanUof SWC_of SW Sedawick Rd.& Sidney Ref SW "for the sale of apnroued firewarks from the fallovvitig premises (Weafler called fhe "L-ocaf`ioi-r" 2_ The lease payment will be er year for the period -of June 20`hfhru Ju_ fy 7, ftreaftet called the "Season''). Payment shalt be paid an ar belbre upon execution. 3_ Lessor represents that the Location is -owned andlor ebrnlrolled by the Lessor and furthermore that the Lessor agrees to grant the Lessee ttte exclusive right to operate a fireWwk$.sales stiucture-(hareafter+:h " Stnicture") through the yaat ? #ar the a ve-mentioned: peridd. '2�GPJ 1�.ar3� 4. T-h ., .aAa-Rd sfla 4ease 4 Lij c� sk? 5. in return, Lessee agrees to the following terms and conditfons: / a. Provide an A} rated S1 040011)`,000:ft0 certtit to of irtsura a"e; :prior fa occL�pancy; errlaett cing 3iabiliiy 1 insurance in -farce ca71 r7rin j #h erec { ti;end pera n tat ([fie Street tre. Inset ee slialf ii ille? EeSsor,8s addltlona l irfsut'ed,. aitd Lessor ! thatl be heirs..' 4".1es &'OL-;3rry cfaa dT frtJrrr #fie Frtai at a ce yr operat,omdf the -Sfty b_ Pay any acid all cosis in rlve it1 t:rerfii ry; riiair tenaq� anc! oper6116 j 4f 111.0 Straetur,6, ant- Lessee shalt guarartteo-�th% ttie Loeati6n 9i11 be r� .t�rne�d tarts,•bT9guYatdanCliUor>. . c. OLt[ain and.payall an or bylavi�,�pstu3i.�i#�li�ata�ithorifY.a�-d?bris. or performance bondsasre�{tiire-d, amO—gL�ar tttee lel a�t'ta anti regulations Shall bjeadh�*d to.. G. phis acJreerneriF is Mont'mgentupon Lessee, astvuring raecessary,permits ��d liceris�s..i:ss-sue rtaajioafreet this agreement if the tbWL0t91tIdit by d:pt]'blid da t my orrevg t`S le, in.tttts goad faith opinion of Lessee, becomes cxsrhrnercrally urtreostmoble. !n' seal ari event:, sny deppsit: sNall be. refunded to Lessee, Agreed to and dated this day of f I Accepted: / - Accepted: se law,t� Lessor, 5W Sidney Plaza. LLC Lessee: Kenneth A. Spence 2727 Hotlycroft,5uite 410 AMERICAN PROM4770NAL TENTS - NW Gig -Harbor, WA 98335 Phone; 51Sa8-3636 Aiu]ERICA.N PROMOMNAL EVENTS,114C. 2120 MUPIAUKF-F- WAY -TAt;C UA., JIVA 842 i T—A COMA (253) 922-003 - SEAi R.E (2531838-1099 PAX (259) 830-2930 www htfitewo-rks.corn � Y ettftc�e. of m� ee.Ce S `�u•: REGISTERED ISSUED BY t Fabric No. nw�nufodvr*d Meridian Manufacturing �" F' rr-306.Q7 505u Poplar Ave., tito, 1432 F4t=�r.P Mrinpls i TN 1R 157 s, This is to cerfily fhaf the matericts described on the reverse side hereof Novo been flame- relardonf treated (or are inherently nonflammable). Fop Key hanufacEurin & Rencal ADE)RESS_ 5030 Hockd,a„le sL.JL —__�� C117, B r o n k s Certification is hereby mad* that: (Check "a" or "b") (� (a) The articles described on the reverse side of this Certificate have keen Treated with a flame-retardant u chemical approved and regislared by the State Fire Marshal and the, the application of said chemical was done in conformance with the lows of the State of California and the Rules -and Regulallons of the State Fire Marshal. Name of chemical used .......................................... ........ ..........Chem. Rog. No........... ............. Methodof application............................................................................................................................ (b) The articles de scribed on the ragvr a side hereof are mode from a home-rvslooni fob6i: o, malrriot regtstrrrd and oppeoy by the Stta * Fire Marshal, for suds use. Trade name of flame -resistant fabric ................. Group 1........................ Mo. •M t 15Q5 The Flame Retardant Process Used...�a.A!....�LF�,l:..... Be Removed By Washing ' 1r111 ar ad norl Jimmie Roberesnn By � �`�-- �i •' � Name of Apprceror of Avdusrim, 3up.rWandant TAIV CONTR01_ NO.-14824 CUSTOMER ORDER NO, 4227 CUSTOMER INVOICE; NO. 80$22 YARDS OR QUANTITY.— 750 yards COLOR STYL-E- Apex Ii White Chrome DATE PROCESSED Ctrtff1"fate of iftame 1keq1'!9tante '••� y�� + AEGISMED ISSUED BY nerd l 2 - 2 0- 9 5 Fabric No. tie, r i d i a n Ma n u Fa e t u r i n g nwnuiadurrd rd4. 5050 Poplar Ave_, Ste. 1432 F-306,01 �aY p Mempri i s , TN 38157 This is to cerlify that the rnafarials described on The reyerse side hereof here boon Rome - ,retardant treated for are inherently nonnommoble), FOD Ka v Mmnufaerurin a S Rental ADDRE 5030 Rockdale -Sr. Nit CITY 8 r c,n is s su E_ 0 R Certitication is hereby made thol., (Check "a" Or "b"j D (a) The articles dosCribad an the reverse side of this CertiRrate have been trogtod with a flome.retotdow 6ernicol approved and registered by rho State Fire Marshal and That the application of soil themicai wos done in conformance with the laws of the State of California and the Rules and Regulations of the Stote Fire Marshal. Name of chemical used......................................................................Chem_ Rog. No......................... Methodof opplication ......................,.......................................... ............._ ...... ..... ...... ............ (b) The articles described an the rereerse side herovf are matte from a flame-reslstani fabric or material Q reg6fvrod and approv by the State Fire IiAcrshol for s+edr us*. Trade name of flame--resistom fabric Group-1 No, M t.t 605 . The dame Retardant Process Used....i,.�.. n�.l=...... Be Removed By Washing win rmd JINMYE R08ERTSON fly Nam* of Aypflryror Of lrodncrien Sup.rfntand'al 1 Yalw CONTROL NO 14924 CUSTOMER ORDER NO. ._ 4227 CUSTOMER INV6ICE NO., .. 80222 YARDS OR QUANTITY 760 yards - COLOR red - -- - - STYLp Apex 11 Chrome DATE PROCESSED— 1- 11- 9 6 WWH5651 1 City Clerk's Office 216 Prospect Street Port Orchard, WA 98366 " !' 360-876-4407 * 360-895-9029 (fax) FIREWORKS APPLICATION (Port Orchard Municipal Code. 5.6o) City Business license * (Fireworks License cannot be issued unless your City Business License is current) Sales License Fee $1o.00 Bond $50.00 NOTE: Acceptance of this application by the City Clerk's Office does NOT indicate or guarantee approval of the application or the dates requested. Each application will be reviewed by City staff and Council Committee. Additional information may be requested by city personnel prior to submittal of the application to the City Council for final consideration. No statement made by city staff or elected official prior to final consideration by the City Council shall obligate the City Council in any manner. Name of Sponsoring Organization: SILVERDALE BAPTIST CHURCH Name of Person Completing This Application: BRENDA MERRI TT r 2 5 3 - 92 2 - 0 8 0 0 - Point of Contact: KR I S T I NA MUHLEMAN Telephone: 3 6 0- 2 71- 8 5 6 4 Address: 8278 ST HWY 303 NE BREMERTON , WA 98311 Street City State Zip Code Dates of Temporary Stand: 6 / 2 8 - 7 / 4 Location of Temporary Stand: ALBERTSONS 370 SW SEDGEWICK PORT ORCHARD Time Open to Public: Closing Time: This application form was designed for use by applicants for various types of events. Please answer all questions; you may attach additionalpages if necessary. I. Describe type of event and how this event will benefit the community: _ T)ni.T.ARS RATSFD WILL GQ BACK INTO THF. CClMINIT'j^FOB VART011S AGITVTTTFS 2. What is expected traffic pattern for the event? Attach a site map indicating location of each activity/vendor(s), fire lanes, garbage, and restroom/sari-can(s): SEE ATTACTIPD 3. Describe how public safety, traffic and crowd control will be rovided. How many police officers do you anticipate will be needed for (i) traffic control and (2) crowd control? RSA 4. Describe how sanitation control (garbage and restrooms) will be provided and maintained:_ rAa RACL -ij]:T.r. BF PIQKRD 11P FVFRY 01HFR DAY RV TNT 'r.$JCX` 1; 5. How many participants and visitor cars are anticipated and where will parking be provided? ABOUT 50 CARS A DAY AND PARKING WILL BE PROVIDED City Clerk's Office 216 Prospect Street Port Orchard, WA 98366 360-876-4407 * 360-895-9029 (fax) 6. How have parldng impacts been coordinated with the neighbors (residential and/or business)? PARKING PROVIDED BY THE PROP OWNER AND WILL NOT AFFECT NEIGHBORS _ y. Describe how fire lanes will be identified and kept open: STAND & TENTS HALVE 2 Q FT ALL AROUND FOR FTRF, sAFETy 8. Will this event require the closure of any street? If so, list street name with date and time of requested closure: 9. If any event activity or vendor requires electrical connections or other accommodation to operate, indicate location and how you anticipate meeting their needs:_ OPERATOR WILL PROVIDE TUTU OWE GENERATORS -Ir NEEDED io. How will the event area be cleaned before, during and after the event? GARBAGE WILL BE PICKED UP RV-- TRER DAY, SITE WILL BE INSPECTED WHEN EVENT IS OVER. 11. If your event requires vehicles to be towed, your organization must accept responsibility and indemnify the City of Port Orchard and other authorizing property owner(s) by agreeing to gay tow/storage charges or damage claims which result from the vehicle being towed, if a court rules in favor of the registered owner and orders payment of such charges or damage claims. Do you accept ibis responsibility? ❑Yes ® No If yes, name of person responsible for rendering payment of tow/storage charges. If no, explain why: DUE TO VEHICLES VISITING LOC'ATIM jT jd011LD 11E 1TNDRg TJJF QJRT(�MFR RFSI!QN,�1RI ,ITY 12. When specifying location of event activity/vendor(s), do you anticipate utilizing any area not owned or managed by the City of Port Orchard? ❑Yes Ulo If yes, the owner/manager of scbjgct property must complete and AM the following: Name of property owner: Authorizing authority: Address: Signature of authorizing authority: Title: Telephone: A. If the City of Port Orchard approves this application for public event, will your organization grant permission for the sponsoring organization to use your property on the dates specified, for the purpose and activities described in this application? ❑Yes ❑ No If yes, please complete the following: B. Are there any limitations or restrictions on use of your property? ❑ Yes ❑ No If yes, please describe in C. Do you require the event sponsor list you as an Additional Named Insured and provide an insurance certificate to your organization prior to the event date? ❑ Yes ❑ No If yes, please indicate coverage limits you require for general liability, property damage and or personal injury? City Clerk's Office 216 Prospect Street Port Orchard, WA 98366 360-876-4407 * 360-895-9029 (fax) 13. If nature of this event requires event workers to stay overnight (such as carnival or other event workers) where and how do you anticipate providing their lodging? If you anticipate utilizing private property(s) for lodging or other purposes, the owner of the subject praper W must complete and sign the following: Name of property owner: SEE ATTACHED LEASE Authorizing authority: Title: Address: Telephone: Signature of authorizing authority: A. Are there any limitations or restrictions on use of your property? ❑ Yes ❑ No If yes, please describe in detail-.- B. Do you require the event sponsor list you as an Additional Named Insured and provide insurance certificate to your organization prior to the event date? ❑ Yes ❑ No If yes, please indicate coverage limits you require for general liability, property damage and or personal injury? C. How will use of your property by event workers impact neighboring property owners? Describe steps that will be taken to mitigate any adverse impact(s): 14. Please provide any other information, which you believe, will assist the City in the review process: _-�jJ.F'q-_ASGO(:TATF FOR PORT ORC14ARD IS MILY SWISHER SHE CAN BE REACHED AT 15. INSURANCE REQUIREMENTS: Sponsoring organization must provide an insurance certificate, 10 days prior to the event, with the City of Port Orchard and other applicable parties shown as Additional Named Insured. Minimum coverage to be as follows: $loo,000 Liability, $30o,000 Bodily Injury; $5o,000 Property A. Can you provide this Insurance Certificate? X❑ Yes ❑ No SIGNATURE OF APPLICANT: FOR KRISTINA MEHLEMAN Date: 04/12/2010 SITE DIAGitAM I e Updated: �- f f. ration Narne: Site Address: bi D S Q City & State• ybr�- 6 Gf ram., V� Location #:_ wily ;', I Ordinance Of: 9 Structure Type: Structure Size: Cross Streets and . Structure Faces: Show alb setback from structures. aas. fire lanes. public and arlvate road L NORTH tip -2�D'l �—r 94Beh7#atq o'*r9 Notes trees APPLICATION FOR RETAIL FIREWORKS STAND PERMIT WWH5651 TO: Governing body of city, town, or county in which fireworks stand will be located. DATE OF MAR. 25, 2010 APPLICATION: Applicant Name: Address, City, State: SILVERDALE BAPTIST CHURCH 2120 MILWAUKEE WAY, TACOMA„ WA 98421 Sponsor If other than a licant : Address Cit State: KRISTINA MUHLEMAN 2120 MILWAUKEE WAY, TACOMA„ WA 98421 Location of, Proposed fireworks stand: [Enclose drawing of stand location] 370 SW SEDGEWICK ALBERTSONS PORT ORCHARD, WA Manner and place of storage prior, during, and after sales dates: ON SITE WITH SECURITY State Licensed Fireworks Su lier: American Promotional Events NW 2120 Milwaukee Way, Tacoma, WA 98421 FIREWORKS STAND PERMIT For The Fireworks Sales Year Of: 2010 (Must be conspicuously displayed at all times while the stand is open to the public) By virtue of having been granted a license by the State of Washington and this permit from CITY OF PORT ORCHARD the local governing authority, the named person, firm or organization is hereby authorized to sell U.N. 0336 IAG Consumer fireworks at the location designated herein between the following date and times: Sales For ,Lulu 4h Sales For December 31" From: From: To: To: Sponsor: SILVERDALE BAPTIST CHURCH Location: ALBERTSONS 370 SW SEDGEWICK PORT ORCHARD WA /s/ /s/ FOR KRISTINA MUHLEMAN Signature of Official Granting Permit Signature of Applicant Title: Agency: Date: Permit Number: Licensee Name: SILVERDALE BAPTIST CHURCH License Number: (M L9 3000-420-013 (Rev.2/05) Washington State Patrol Fire Protection Bureau Office Of The State Fire Marshal Washinyton State Fireworks License W W k' 6(0-5 11322 Fireworks Stand License Licensee Information Silverdale Baptist Church 2120 Milwaukee Way Tacoma, WA 98421 License Number: WSPFL-01829 Stand Information License is Non -Transferable and Yalid for Only One Stand Contact Person: Kristina Muhleman Phone Number: (360) 271-8564 County: Kitsap Date of Expiration Date of Issue Stand Number: SN-05023 January 31, 2011 April 8, 2010 Stand Location: [Stand Location To Be Completed By Licensee] 3000-420-012 (R 4/05) State Fire Marshal Signature Detach this wallet card and carry with you for verification of certification. Washington State Patrol 1 322 Fire Protection Bureau Office Of The State Fire Marshal ANNUAL FIREWORKS STAND LICENSE Licensee: Silverdale Baptist Church Contact Person: Kristina;Muhleman License Number: WSPP]:-01829,.:: .. Stand Number: SN-05023 [Valid For One Stand] Date of Expiration: January 31 2.. 1 Location- (Stand Location- To Be Completed By Licensee) State Fire Marshal Siguature Licensee Signature CERTIFICATE OF INSURANCE ISSUE DATE A4�+ O�Dr"' 03/31/2010 PRODUCER This certificate is issued as a matter of information only and confers no rights MCGRIFF, SEIBELS & WILLIAMS, INC. upon the Certificate Holder. This Certificate does not amend, extend or alter the P.O. Box 10265 coverage afforded by the policies below. Birmingham, AL 35202 800-476-2211 COMPANIES AFFORDING COVERAGE Company Columbia Casualty Company INSURED Company American Promotional Events, Inc. B dba TNT Fireworks P.O. Box 1318 Company Florence, AL 36631 C Company D Company E This is to certify that the policies of insurance described herein have been issued to the Insured named herein for the policy period indicated. Notwithstanding any requirement, term or condition of contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, conditions and exclusions of such policies. Limits shown may have been reduced by paid claims. CO LT TYPE OF INSURANCE POLICY NUMBER EFFECTIVE EXPIRATION LIMITS OF LIABILITY A GENERAL LIABILITY ® Commercial' General Liability ❑ Claims Made ®Occurrence Ownersand Contracturs'Protection ❑ ❑ General Aggregate Limit applies per: ❑ Policy ❑ Proiact E&ILocation 4015727097 11/01/2009 11/01/2010 EACH OCCURRENCE $ FIRE DAMAGE - $ MEDICAL EXPENSE AEXCLUDED $ E❑ PERS. AND ADVERTISING INJURY $ GENERAL AGGREGATE $ PRODUCTS AND COMP. OPER. AGG. $ 2,000,000 AUTOMOBILE LIABILITY El Any Automobile ❑ All Owned Automobiles ❑ Scheduled Automobiles ❑ Hired Automobiles ❑ Non -owned Automobiles ❑ COMBINED SINGLE LIMIT $ BODILY INJURY Perperson) $ BODILY INJURY Per accident $ PROPERTY DAMAGE Per accident $ COMPREHENSIVE COLLISION WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY WC Statuto Limit Other EL EACH ACCIDENT $ EL DISEASE Each employee) $ EL DISEASE f Policy Limit $ EXCESS LIABILITY ©occurrence ❑Claims Made EACH OCCURRENCE $ AGGREGATE is $ $ Albertsons located at 370 SW Sedgewick in Port Orchard, WA (WWH5651) The Certificate Holders are Additional Insureds under General Liability as required by written contract subject to policy terms, conditions, and exclusions. CERTIFICATE HOLDER Silverdale Baptist Church Albertsons City of Port Orchard 216 Prospect St Port Orchard, WA 98366 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. Authorized Representative 1 of ID# W 0 v 51n51 TO: CITY CLERK LOCAL FIRE AGENCY AND I OR OTHER INTERESTED PARTIES PROPERTY PERMISSION USE TO WHOM IT MAY CONCERN: THE UNDERSIGNED OWNER AND / OR CONTROLLING PARTY OF THE PROPERTY LISTED BELOW HEREBY GRANTS PERMISSION TO: AND AMERICAN PROMOTIONAL EVENTS, INC. THE USE OF THE PROPERTY LOCATED AT: 370 S W Bed wick Rd CITY OF: Port Orchard STATE OF: WA FOR THE 2010 FIREWORKS SEASON APN: COUNTY OF; STORE NO: 419 THE ORGANIZATION AND i OR AMERICAN PROMOTIONAL EVENTS, INC. AGREE TO SEE THAT THE PROPERTY LISTED ABOVE WILL BE CLEARED OF ALL STANDS AND REFUSE WITHIN FIVE (6) DAYS OF CLOSE OF THE SEASON. (PROPERTY OWNERICONTROLLER OF PROPERTY) NEW AL8 TS 'S, INC. a Delawa ford By: jC) Bradt eckstrflm 4 Lead Counsel, Busl6ess Law DATED: February 12, 2010 PROPERTY OWNER: PLEASE INDICATE BELOW THE NAME OF THE ADDITIONAL INSURED AND HOW YOU WISH YOUR CERTIFICATE OF INSURANCE TO READ: ADDITIONAL INSURED: NEW ALBERTSON'S INC. AND ALL OF ITS SUBSfDIARIES 250 PARKCENTER BLVD. P.O. BOX 20 BOISE, IDAHO 83728 ATTN: RISK MANAGEMENT PHONE,' (208) 395-6200 CERTIFICATE OF INSURANCE WILL BE MAILED PRIOR TO ERECTING OF STANDS AND THE SALE OF ANY MERCHANDISE. AMERICAN PROMOTIONAL EVENTS, INC. 556 N. GILBERT ST. FULLERTON, CA 92833 PHONE: (714) 738.1002 FAX (714) 738.3762 WWT5552 City Clerk's Office 216 Prospect Street Port Orchard, WA 98366 360-876-4407 * 360-895-9029 (fax) 9A� FREwoRKsAppucAnm �l�r�Aj0/0 o rc arMunicipal Code. 5. ) P .i`o �0, City Business License (Fireworks License cannot be issued unless your City Business L4cense is current) Sales License Fee $ao.00 Bond $5o.00 NOTE: Acceptance of this application by the City Clerk's Office does NOT indicate or guarantee approval of the application or the dates requested. Each application will be reviewed by City staff and Council Committee. Additional information may be requested by city personnel prior to submittal of the application to the City Council for final consideration. No statement made by city staff or elected official prior to final consideration by the City Council shall obligate the City Council in any manner. Name of Sponsoring Organization: JIM STRODE Name of Person Completing This Application: BRENDA MERRITT 2.5�j 0112-Z-D�W Point of Contact: JIM STRODE Telephone: 3 6 0 - 8 71- 3 83 2 Address: PO BOX 220 MANCHESTER, WA 98353 Street City State Zip Code Dates of Temporary Stand:_ 6 / 2 8 - 7 / 4 Location of Temporary Stand: FRED MEYER 1900 SE SEDGW I CK RD Time Open to Public: Closing Time: This application form was designed for use by applicants far various types of events. Please answer all questions; you may attach additional pages if necessary. 1. Describe type of event and how this event will benefit the community:` n T.TARS, RA I-,Ln _- IJILL CM0 B C:K 1HTQ T}iF. Ct1T+ INTTY FOR VARTOTTS ACTTVTTTFG 2. What is expected traffic pattern for the event? Attach a site map indicating location of each activity/vendor(s), fire lanes, garbage, and restroom/sani can(s): SET? -ATTACHED — — -- — -- -- 3. Describe how public safety, traffic and crowd control will be jorovided. How many police officers do you anticipate will be needed for (1) traffic control and (2) crowd control?_ NSA 4. Describe how sanitation control (garbage and restrooms) will be provided and maintained: aA u R A r_ E, WT_L.L BE PICKED UP EVERY C)MER DAY, BY TNT _.Tg CKS 5. How many participants and visitor cars are anticipated and where will parking be provided? ABOUT 50 CARS A DAY AND PARKING WILL BE PROVIDED City Clerk's Office 216 Prospect Street Port Orchard, WA 98366 360-876-4407 * 360-895-9029 (fax) 6. How have parking impacts been coordinated with the neighbors (residential and/or business)? PARKING PROVIDED BY _THE PROP OWNER AND WILL NOT AFFECT NEIGHBORS 7. Describe how fire lanes will be identified and kept open:, STAND & , TENTS HAVE 20 FT ALL AROUND FOR ETRF SAFFTY-- 8. Will this event require the closure of any street? If so, list street name with date and time of requested closure: 9. If any event activity or vendor requires electrical connections or other accommodation to operate, indicate Iocation and bow you anticipate meeting their needs: NEEDED io. How will the event area be cleaned before, during and after the event? GARBAGE WILL BE PICKED UP BYRRY OTHER_DAY, =SITE ..WILL BE INSPECTED WHEN EVENT IS OVER zt. If your event requires vehicles to be towed, your organization must accept responsibility and indemnify the City of Port Orchard and other authorizing property owner(s) by agreeing to pay tow/storage charges or damage claims which result from the vehicle being towed, if a court rules in favor of the registered owner and orders payment of such charges or damage claims. Do you accept this responsibility? ❑Yes ® No If yes, name of person responsible for rendering payment of tow/storage charges. If no, explain why:, DUE TO VEHICLES VISITING I,nCA`jQN T`l' IM111.1) RF 11NURR THE. CU OMER RESPONSIBILITY 12. When specifying location of event activity/vendor(s), do you anticipate utilizing any area not owned or managed by the City of Port Orchard? ❑Yes flo If yes, the owner mans er of sub' et ro must com lete and sign the following: Name of property owner: SEE Authorizing authority: Address: Signature of authorizing authority: - ATTACHED LEASE Title: . Telephone: A. If the City of Port Orchard approves this application for public event, will your organization grant permission for the sponsoring organization to use your property on the dates specified, for the purpose and activities described in this application? ❑Yes ❑ No If yes, please complete the following: B. Are there any limitations or restrictions on use of your property? ❑ Yes ❑ No If yes, please describe in detail: C. Do you require the event sponsor list you as an Additional Named Insured and provide an insurance certificate to your organization prior to the event date? ❑ Yes No If yes, please indicate coverage limits you require for general liability, property damage and or personal injury? City Clerk's Office 216 Prospect Street Port Orchard, WA 98366 360-876-4407 * 360-895-9029 (fax) 13• If nature of this event requires event workers to stay overnight (such as carnival or other event workers) where and how do you anticipate providing their lodging? If you anticipate utilizing private property(s) for lodging or other purposes, the owner of a subject pg gM(s) must complete and sign the following: Name of property owner:_ SEE_ ATTACHED LEASE Authorizing authority: Title: Address: 'Telephone: Signature of authorizing authority: A. Are there any limitations or restrictions on use of your property? ❑ Yes ❑ No If yes, please describe in B. Do you require the event sponsor list you as an Additional Named Insured and provide insurance certificate to your organization prior to the event date? ❑ Yes ❑ No If yes, please indicate coverage limits you require for general liability, property damage and or personal injury? C. How will use of your property by event workers impact neighboring property owners? Describe steps that will be taken to mitigate any adverse impact(s): 14. Please provide any other information, which you believe, will assist the City in the review process: THE g47.E,S ASsnn1ATF. Fog PART [SRC14ARD IS E1,11LY SWISHER SHE CAN BE REACHED AT 15. INSURANCE REQUIREMENTS: Sponsoring organization must provide an insurance certificate, 10 days prior to the event, with the City of Port Orchard and other applicable parties shown as Additional Named Insured. Minimum coverage to be as follows: ' $1oo,000 Liability; $3oo,000 Bodily Injury; $5o,000 Property A. Can you provide this Insurance Certificate? X❑ Yes ❑ No SIGNATURE OF APPLICANT; 1�� _� J FOR J I M S TRODE Date: 0 3/ 0 9/ 2 010 APPLICATION FOR RETAIL FIREWORKS STAND PERMIT WWT5552 TO: Governing body of city, town, or county in which fireworks stand will be located. DATE OF I APPLICATION: JAN. 02, 2010 Applicant Name: Address, City, State: JIM STRODE 2120 MILWAUKEE WAY, TACOMA„ WA 98421 Sponsor (If other than applicant): Address, City, State: JIM STRODE 2120 MILWAUKEE WAY, TACOMA„ WA 98421 Location of proposed fireworks stand: [Enclose drawing of stand location] 1900 SE SEDGWICK RD FRED MEYER PORT ORCHARD, WA Manner and place of storage prior, during, and. after sales dates: ON SITE WITH SECURITY State Licensed Fireworks Supplier: American Promotional Events NW 2120 Milwaukee Way, Tacoma, WA 98421 FIREWORKS STAND PERMIT For The Fireworks Sales Year Of. 2010 (Must be conspicuously displayed at all times while the stand is open to the public) By virtue of having been granted a license by the State of Washington and this permit from CITY OF PORT ORCHARD the local governing authority, the named person, firm or organization is hereby authorized to sell U.N. 0336 I AG Consumer fireworks at the location designated herein between the following date and times: Sales For July 41h Sales For December 31st From: From: To: To: Sponsor: JIM STRODE Location: FRED MEYER 1900 SE SEDGWICK RD PORT ORCHARD, WA Isl Isl ��� _ FOR JIM STRODE w Signature of Official Granting Pern3it Signature of Applicant Title: Agency:_ Date: Permit Number: Licensee Name: JIM STRODE License Number: W O 3000-420-013 (Rev.2f05) SITE DIAGRAM Date Updated: May 22 2007 Location #: WWT-5552 Location Name: Fred .Meyer - GX Ordinance Of: Kitsap County Site Address: 1900 SE Sed wick Rd Structure Type: Tent City & State: Port Orchard, WA 0 Structure Size: 50 X 30 Cross StreetsSE Sedgwick Rd and Bethel Rd SE ^ Structure Faces: Show all setbacK tram structures, gas, fire lanes public and private roads, property lines, trees and landmarks i I —� NORTH Misc. Stores ca 44 Tent C 01 x W W Cl) / E E q S S T 109, T New Retail Stares Video 107' Gas AT_ M Bethel Rd SE SOUTH Notes ❑ = Fire Hydrant TNT 50 X 30 Tent Layout Exit 5'6 ly 1 Es Entra6ce 8' = 8" Table 6'Table 101 ISSUE DATE ACORtD, CERTIFICATE OF INSURANCE 11/02/2009 PRODUCER This certificate is issued as a matter of information only and confers no rights MCGRIFF, S£IBELS WILLIAMS, INC. upon the Certificate Holder. This Certificate does not amend, extend or alter the P.O. Box 10265 coverage afforded by the policies below. Birmingham, AL 35202 800-476-2211 COMPANIES AFFORDING COVERAGE Company Columbia Casualty Company INSURED Company American Promotional Events, Inc. B dba TNT Fireworks P.O. Box 1318 Company Florence, AL 35631 C. Company D Company E This is to certify that the policies of insurance described herein have been issued to the Insured named herein for the policy period indicated. Notwithstanding any requirement, term or condition of contractor other document with respect to which this certificate maybe issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, conditions and exclusions of such policies. Limits shown may have been reduced by paid claims. CO LT TYPE OF INSURANCE POLICY NUMBER EFFECTIVE EXPIRATION LIMITS OF LIABILITY A GENERAL LIABILITY 0 Commercial General Liability ❑ Claims Made 0 Occurrence ❑ Owners' and Contractors' Protection ❑ ❑ General Aggregate Limit applies per: ❑ policy ®project ❑Location 4015727097 11/01/2009 11/01/2010 EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE $ 100,000 MEDICAL EXPENSE $ EXCLUDED P£RS.AND ADVERTISING INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 PRODUCTS AND COMP. OPER. AGG. $ 2,000.000 AUTOMOBILE LIABILITY ❑ Any Automobile ❑ All Owned Automobiles El Scheduled Automobiles ❑ Hired Automobiles ❑ NonownedAutomobiles ❑ COMBINED SINGLE LIMIT $ BODILY INJURY Perperson) $ BODILY INJURY Per Ccide t $ PROPERTY DAMAGE Per accident) $ COMPREHENSIVE COLLISION WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY WC Statutory Limit Other EL EACH ACCIDENT $ Et_ DISEASE Each em to ee $ EL DISEASE(Policy Limit $ EXCESS LIABILITY ❑Occurrence ❑Claims Made EACH OCCURRENCE $ AGGREGATE $ RE: FRED MEYER LOCATED AT 1900 SE SEDGWICK RD IN PORT ORCHARD, WA (LOC# WWT5552) The Certificate Holders are Additional Insureds under General Liability as required by written contract subject to policy terms, conditions, and exclusions. CERTIFICATE HOLDER SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVORTO MAIL 30 DAYS WRITTEN NOTICETOTHE CERTIFICATE HOLDER NAMEDTOTHE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. JIM STRODE FRED MEYER Authorized Representative CITY OF PORT ORCHARD 216 PROSPECT ST PORT ORCHARD, WA 98366 Page > of 1 Certificate ED # W85YCGU4 1 l MASTER LEASE t (Various Locations Per Exhibit A) F E q DATED-, J-0 a / BETWEEN: Fred Meyer Stores, Inc., an Ohio corporation Attention: 04002/33R Property Management P.O. Box 42121 Portland, OR 97242 LANDLORD r AND: American Promotional Events, Inc. ' dba TNT Fireworks P.O. Box 1436 TENANT Tacoma, WA 98401 Tenant wishes to lease from Landlord a portion of the parking lot of each store location as described on attached Exhibit A (the "Property"). NOW, THEREFORE, Landlord hereby leases to Tenant on the following terms: 1. Term: Possession The term of this Lease shall be as follows: i State Commencement Date Endigg Date Oregon June 15 July 7 Washington June 15 July 7 Idaho June 15 July 7 for each of the years 2009, 2010 and 2011 2. Rental 2.1 Rental. Tenant will pay to Landlord on or before May 1 of each year the minimum Base Rent as set forth on attached Exhibit A. Accompanying this minimum Base Rent payment, Tenant is required to submit Proof of Insurance as outlined in Paragraph 7.1 and a final, updated Exhibit A which gives specific store locations and identifying these locations as a Stand or a Tent. Tenant shall pay any percentage rent, as set forth on Exhibit A, on or before August 1 of each year during the term of this Lease for the immediately preceding period. 2.2 Time and Place of Palment. Rent will be paid at the address for Landlord set forth in this Lease, on the dates referred to in Paragraph 2.1. 1 2009 -2011 PROPOSED LEASE PAYMENTS MINIMUM MINIMUM LOCATION ID STORE* ADDRESS CITY STAND 2009 TENT 2009 THRU 2011 THRU 2011 FRED MEYER INC - PN 00255 6850 N LOMBARD PORTLAND FRED MEYER INC - PO 00260 1030 YELLOWSTONE POCATELLO FRED MEYER INC - PW 00265 11100 N MERIDIAN PUYALLUP FRED MEYERINC - RH 00285 17700 BEAVERTON-HILLDALE HWY PORTLAND FRED MEYER INC - RI 00286 101 WELLSAIN RICHLAND FRED MEYER INC - SC 00325 160 DIVISION AVE EUGENE FRED MEYER INC - SD 00328 650 'Q' S SPRINGFIELD FRED MEYER INC - SE 00330 5253 SE 82ND AVE PORTLAND - FRED MEYER INC - TD 00372 1215 W 6TH THE DALLES FRED MEYER INC - TI 00375 11565 PACIFIC HWY TIGARD FRED MEYER INC - TK 00377 SOON MAIN TILLAMOOK FRED MEYER INC - TN 00383 705 SLUE LAKES BLVD TWIN FALLS FRED MEYER INC - TU j 00393 119200 SW MART]NAZZI TUALATIN FRED MEYER INC - WE j 00417 13333 WEST 11TH JEUGENE FRED MEYER INC - WS 1 00424 117404 MERIDIAN E PUYALLUP FRED MEYER INC - IS 00439 110751 W OVERLAND RD JBOISE I rr FRED MEYER INC - IG 00449 15425 CHINDEN BLVD GARDEN GITY c� FRED MEYER INC - MH 1 00457 121045 BOTHELL-EVERETT HWY JBOTHELL FRED MEYER INC- ML 00458 j 12906 BOTHELL-EVERETT WAY 1EVERETT FRED MEYER INC - MQ 00460 800 NE TENNEY RD lVANCOUVER FRED MEYER INC - SP. 00462 51501 S COLUMBIA RIVER HWY SCAPPOOSE FRED MEYER INC - MT 1 00464 4701 HWY 101 IFLORENCE FRED MEYER INC - WR 1 00482 15995 SW WALKER RD ISEAVERTON FRED MEYER INC - HY 1 00600 13030 NE WEIDLER IPORTLAND FRED MEYER INC - CE 1 00613 3527 FEDERAL WAY 1851SE FRED MEYER INC - CG 00614 401 NW 12TH BATTLE GROUND FRED MEYER INC - AG 00615 6305 BRIDGEPORT WAY W UNIVERSITY PLACE FRED MEYER INC - AV 00660 944 SW 9th ST. REDMOND FRED MEYER INC - BZ 00654 11 GRANT RD EAST WENATCHEE FRED MEYER INC - GX 00655 1900 SE SEDGWICK RD PORT ORCHARD FRED MEYER INC 00659 555 TROSPER RD SW TUMWATER FRED MEYER INC 00660 22855 NE PARK AVE WOOD VILLAGE FRED MEYER INC 00661 2075 NE IMBRIE DR HILLS130RO FRED MEYER INC 00.662 1230 WEST FRANKLIN SOISE - FRANKLIN FRED MEYER INC 00663 16625 362ND AVE SANDY FRED MEYER INC 00665 1201 VALLEY AVE SUMNER FRED MEYER INC 00681 2801 BRICKFORD AVE SNOHOMISH FRIED MEYER INC 1 00667 1225 W BAKERVIEW RD BELLINGHAM FRED MEYER PRO 09-11.xfs PERCENTAGE PROPOSAL 2009 -2011 PROPOSED LEASE PAYMENTS LOCATION ID STORE # ADDRESS r fCCV JYiC [ GR IiYV - llP FRED MEYER INC - AW 00019 1801 AUBURN WAY FRED MEYER INC - BD 00029 161535 S HWY 97 FRED MEYER INC - BH 00025 800 LAKEWAY DR FRED MEYER INC - ST 00035 11425 5W BEAVERTON-I FRED MEYER INC - BX 1 00041 120901 HWY 410 FRED MEYER INC - Cl 00049 560 W KA HLEENE FRED MEYER INC - CS 00050 11020 S FIRST FRED MEYER INC - CQ 1 00053 116735 SE 272ND ST FRED MEYER INC - ON 1 00060 12200 BASELINE ST FRED MEYER INC - CK 1 00063 116301 SE 82ND DR FRED MEYER INC - CV 00070 1777 KINGS BLVD FRED MEYER INC - DN 00075 114700 SE DIVISION FRED MEYER INC - ES 00090 3740 MARKET NE FRED MEYER INC - EV 00093 116600 SE MCGILLVERY B FRED MEYER INC - GL 00125 6615 NE GLISAN FRED MEYER INC - GR 1 00127 12497 E BURNSIDE AVE #r FRED MEYER INC - GY 1 00128 11111 NE 102ND ST q FRED MEYER INC - HD 00140 17700 HWY 99 N FRED MEYER INC - HL 00143 23105 SW TUALATIN. VALI FRE D MEYER INC - JC 00153 18955 SE 82ND AVE FRED MEYER INC - I 001-56 1555 N GATE MILE FRED MEYER INC - KF 00165 12655 SHASTA WAY FRED MEYER INC - KS 1 00171 J5050 HWY 303 FRED MEYER INC - KT 00172 110201 SE 240TH FRED MEYER fNC - LN 1 00180 14615 A 196TH AVE FRED MEYER INC - LV 1 00185 13184 OCEAN BEACH HWY FRED MEY>ri3 INC - MI 00198 11850 EAST FAIRVIEW FRED MEYER INC - MV 00209 19925 STATE AVE FRED MEYER INC - MR 00210 118805 SR 2 FRED MEYER INC - MY 00217 125250 PACIFIC HWY S FRED MEYER INC - NC 00218 1695 HWY 101 FRED MEYER INC- NG 00220 1 US 99W & SPRINGBROOK FRED MEYER INC - NS 00225 2855 BROADWAY NE FRED MEYER INC - M - 00226 50 SECOND ST S FRED MEYER INC - NT 00227 150 NE 20TH FRED MEYER INC - OH FRED MEYER INC - OG FRED MEYER INC - OR 00236 7411 NE 117TH AVE 00240 14700 SE MCLOUGHLIN BL' 00242 1839 MOLALLA AVE FRED MEYER PRO 09-11.xfs CITY BELLINGHAM BEAVERTON 90NNEYLAKE. COEUR D'ALENE COOS BAY COVINGTON CORNELIUS PORTLAND VANCOUVER HILLSBORO PORTLAND IDAHO FALLS KLAMATH FAI NAMPA 4 IN WITNESS WHEREOF, the parties have executed this Lease as of the date first above written. LANDLORD: FRED MEYER STORES, INC. By *-eerly tautz tvVice President Property Management Dept. Date: 'MD d TENANT: AMERICAN PROMOTIONAL EVENTS, INC By: PO_ l)pfug D'Olivo Title: V .,� -� J; Date: -2 Z Address and telephone number at which a representative of Tenant can be contacted outside of business hours: Name: Address: Phone: Cell Phone: 2S" 3- 7 z o -7 L0 7 12 r J, I s (%Gertzftcare. of iftame Reostance REGISTERED ISSUED sr t 0- 9 5 Oct. F Fabric No. rnbrtutodvr*� S Meridian hanuFaceuriny, �� 505U Poplar Ave., Iite. 1432 Qr.1 'h 3Q6.01 Mcrmph i s, TN 38 157 'rhis is to certify that the materials described on the reverse Side hereof ho,ro beep flame- retardant treated (or are inherently nonflammable). fOp- Key t1anufaccurinr,6 kencal ADDRESS 5U30wRgekcl,�tc CITY Brooks STA t7 R ,-_ Certification is hereby mado that. (Check "a" or "b`r) ❑ (a) The articles described on the reverse side of this Certificate have been treated with a flame-retardant chemical approved grid registered by the $Tate Fire /Marshal and that the application of -wed chemical was done in conformance with the laws of the State of California and the Rules -and Regulalions of the State Fire Marshal. Nome of chemical used- ........... 11— ----------- — ...................... I ...... C110M. Rop. No........-.. ............. Methodof application .......................... I ....................................................... ,......... .......... ................ n (b) The articles dw lbed an tho rwarse side horrc4 Oro F"clo From o flotre-rwilsiant fobri: or motrriat u r"Istwred and approft-d by the State Fire Mar%hezi,for surh use. trade name of floma resistoM Fabric ......... GroUp i ... lye_ M 1 1$05 The Flame Retardant Process Used ...... Be Removed By Washing N411 or via naY Jimmie Robertson A No,* of Appticarer yr Pewdua;art I I. rdr. CONTROL. NO. t/,824 CUSTOMER ORDER NO. 4227 CUSTOMER INVOICE NO 80722 YARDS OR QUANTITY 750 yards COLOR -S-rYLO pex II White Chroate DATE PROCESSED I - 12 - 9 6 WWT56SO r�PA City Clerk's Office 216 Prospect Street NIAR ; = i) ,� Port Orchard, WA 98366 10 360-876-4407 -* 360-895-9029 (fax) u-y aF PQRT ORCHARD CITY CLERKS OFFICE FmEWURKS APPL)ECmim (Port Orchard Municipal Code. 5.60) City Business license # (Fireworks License cannot be issued unless your City Business License is current] Sales License Fee $lo.00 Bond $5o.00 NOTE: Acceptance of this application by the City Clerk's Office does NOT indicate or guarantee approval of the application or the dates requested, Each application will be reviewed by City staff and Council Committee. Additional information may be requested by city personnel prior to submittal of the application to the City Council for final consideration. No statement made by city staff or elected official prior to final consideration by the City Council shall obligate the City Council in any manner. Narne of Sponsoring Organization:. YUp NETTE COMMUNITY CHRUCH Name of Person Completing This Application: BRENDA. MERRITT aS-a Oi2T`�-tom Point of Contact: CLEO STONEC I PHER Telephone: 3 6 0- 3 7 3- 9 8 3 0 Address:_ - 2322 E 18 TH _ BREMERTON , WA. 98310 Street City State Zip Code Dates of Temporary Stand:_ 6 / 2 8 - 7 / 4 _ Location of Temporary Stand: HI JOY BOWL , 1011 BETHEL RD, PORT ORCHARD Time Open to Public: Closing Time: This application form was designed for use by applicants for various types of events. Please answer all questions; you may attach additional pages f necessary. 1. Describe type of event and how this event will benefit the community:�Dn1,i .AR S R AT s r..n WILL GO, BACK TNTO THE 120=11ITTY FOR VARI 1115 ACTLI fTTIF,S - _ 2. What is expected traffic pattern for the event? Attach a site map indicating location of each activity/vendor(s), fire lanes, garbage, and restroom/sari-can(s): 3. Describe how public safety, traffic and crowd control will be provided. How many police officers do you anticipate will be needed for (i) traffic control and (2) crowd control? 11/A 4. Describe how sanitation control (garbage and restrooms) will be provided and maintained: 3E PICKEDUP EVERY OTHER DAY By TNT :LMI KS - - — - -, 5. How many participants and visitor cars are anticipated and where will parking be provided? ABOUT 50 CARS A DAY AND PARKING WILL BE PROVIDED City Clerk's Office 216 Prospect Street Port Orchard, WA 98366 360-876-4407 * 360-895-9029 6. How have parking impacts been coordinated with the neighbors (residential and/or business)? PAR&TNf, PROVIDED BY THE PROP OWNER AND WILL NOT AFFECT NEIGHBORS 7. Describe how fire lanes will be identified and kept open: STAND & TERT S HAVE zd__ FT ALL ARpUNI3 FQR FIRE _SAFETY 8. Will this event require the closure of any street? If so, list street name with date and time of requested closure: 9. If any event activity or vendor requires electrical connections or other accommodation to operate, indicate location and how you anticipate meeting .their needs: _ nPFRAmg wTT.T. PROVTDF THF.TR_OWN CENF,,$ATORS, T_F NEEDED io. How will the event area be cleaned before, during and after the event? GARBAGE WILL BE PICKED UP UFRY OTHER SAY SITE WILL BE INSPECTED WHEN EVENT IS OVER ii. If your event requires vehicles to be towed, your organization must accept responsibility and indemnify the City of Port Orchard and other authorizing property owner(s) by agreeing to pay tow/storage charges or damage claims which result from the vehicle being towed, if a court rules in favor of the registered owner and orders payment of such charges or damage claims. Do you accept this responsibility? ❑Yes ® No If yes, name of person responsible for rendering payment of tow/storage charges. If no, explain why: DUE TOEHICLES VISITING LOCATION IT WOULD it1 UNDER T11F CIISTMFS RESPONSIBILITY 12. When specifying location of event activity/vendor(s), do you anticipate utilizing any area not owned or managed by the City of Port Orchard? ❑Yes fto If yes, the owner/manager of subject property must complete and sign the following: Name of properly owner: Authorizing authority: Address: Signature of authorizing authority: Title: . Telephone: A. If the City of Port Orchard approves this application for public event, will your organization grant permission for the sponsoring organization to use your property on the dates specified, for the purpose and activities described in this application? ❑Yes ❑ No If yes, please complete the following: B. Are there any limitations or restrictions on use of your property? ❑ Yes ❑ No If yes, please describe in detail: C. Do you require the event sponsor fist you as an Additional Named Insured and provide an insurance certificate to your organization prior to the event date? ❑ Yes El No If yes, please indicate coverage limits you require for general liability, property damage and or personal injury? City Clerk's Office 216 Prospect Street Port Orchard, WA 98366 360-876-4407 * 360-895-9029 (fax) 13. If nature of this event requires event workers to stay overnight (such as carnival or other event workers) where and how do you anticipate providing their lodging? If you anticipate utilizing private property(s) for lodging or other purposes, the owner of the subiect nranexU(s) must complete and sign the following: Name of property owner: Authorizing authority: _ Address: SEE ATTACHED LEASE Signature of authorizing authority: Title: Telephone: A. Are there any limitations or restrictions on use of your property? ❑ Yes ❑ No If yes, please describe in B. Do you require the event sponsor list you as an Additional Named Insured and provide insurance certificate to your organization prior to the event date? E] Yes ❑ No If yes, please indicate coverage limits you require for general liability, property damage and or personal iniury? C. How will use of your property by event workers impact neighboring property owners? Describe steps that will be taken to mitigate any adverse impact(s):.,_ 14. Please provide any other information, which you believe, will assist the City in the review process: 1 LY SWISHER SHE CAN BE REACHED AT 15. INSURANCE REQUIREMENTS: Sponsoring organization must provide an insurance certificate,lo days prior to the event, with the City of Port Orchard and other applicable parties shown as Additional Named Insured. Minimum coverage to be as follows: $Ioo,000 Liability; $300,000 Bodily Injury, $50,000 Property A. Can you provide this Insurance Certificate? XE] Yes ❑ No SIGNATURE OF APPLICANT: _ FOR CLEO STONIJCz PHER Date: 43 / 0 9 / 2 010 APPLICATION FOR RETAIL FIREWORKS STAND PERMIT WWT5650 TO: Governing body of city, town, or county in which DATE OF JAN.02, 2010 fireworks stand will be located. APPLICATION: Applicant Name: Address, City, State: MANETTE COMMUNITY CHURCH 2120 MILWAUKEE WAY, TACOMA„ WA 98421 Sponsor (If other than applicant): Address, City, State: CLEO STONECIPHER 2120 MILWAUKEE WAY, TACOMA„ WA 98421 Location of proposed fireworks stand: [Enclose drawing of stand location] 1011 BETHEL RD PORT ORCHARD, WA HI JOY BOWL Manner and place of storage prior, duriny-, and after sales dates: ON SITE WITH SECURITY State Licensed Fireworks Supplier: American Promotional Events NW 2120 Milwaukee Way, Tacoma, WA 98421 FIREWORKS STAND PERMIT For The Fireworks Sales Year Of: 2010 (Must be conspicuously displayed at all times while the stand is open to the public) By virtue of having been granted a license by the State of Washington and this permit from CITY OF PORT ORCHARD the local governing authority, the named person, firm or organization is hereby authorized to sell U.N. 0336 I AG Consumer fireworks at the location designated herein between the following date and times: Sales For July 41h Sales For December 31st From: From: To: To: Sponsor: MANETTE COMMUNITY CHURCH Location: HI JOY BOWL 1011 BETHEL RD PORT ORCHARD, WA Isl_ /s% � U WIC FOR OLEO STONECIPHER Signature of Official Granting Permit Signature of Applicant Title: Agency: Date: Permit Number: Licensee Name: MANETTE COMMUNITY CHURCH License Number: 3000-420-013 (Rev.2105) /� CERTIFICATE OF INSURANCE ISSUE DATE /'i COR0. 11/02/2009 PRODUCER This certificate is issued as a matter of information only and confers no rights MCGRIFF, SEIBELS & WILLIAMS, INC. upon the Certificate Holder. This Certificate does not amend, extend or alter the P.O. Box 10265 coverage afforded by the policies below. Birmingham, AL 35202 800-476-2211 COMPANIES AFFORDING COVERAGE Comlpany Columbia Casualty Company INSURED Company American Promotional Events, Inc. B dba TNT Fireworks P.O. Box 1318 Company Florence, AL 35631 C Company D Company E This is to certify that the policies of insurance described herein have been issued to the Insured named herein for the policy period indicated. Notwithstanding any requirement, term or condition of contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by }I the policies described herein is subject to all the terms, conditions and exclusions of such policies. Limits shown may have been reduced by paid claims. CO LT TYPE OF INSURANCE POLICY NUMBER EFFECTIVE EXPIRATION LIMITS OF LIABILITY A GENERAL LIABILITY ® Commercial General Liability © claims Made M1 Occurrence ❑ owners' and Contractors' Protection ❑ ❑ General Aggregate Limit applies per. ❑ Policy IM Pmiect ❑Location 4016727097 11/01/2009 11/01/2010 EACH OCCURRENCE $ 1.000,000 FIRE DAMAGE $ 100,000 MEDICAL EXPENSE $ EXCLUDED PERS. AND ADVERTISING INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 PRODUCTS AND COMP. OPER. AGG. $ 2,000,000 AUTOMOBILE LIABILITY ❑ Any Automobile ❑ All Owned Automobiles ❑ Scheduled Automobiles ❑ Hired Automobiles ❑ Non -owned Automobiles ❑ COMBINED SINGLE LIMIT $ BODILY INJURY Per erson $ BODILY INJURY Per accident $ PROPERTY DAMAGE Per accident $ COMPREHENSIVE COLLISION WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY WC Slatuto Limit Other EL EACH ACCIDENT $ EL DISEASE Each em to ee $ EL DISEASE Polic Limit $ EXCESS LIABILITY ❑ Occurence ❑ Claims Made EACH OCCURRENCE $ AGGREGATE $ $ $ $ $ This certificate only applies to Re: Hi Joy Bowl located at 1011 Bethel Rd in Port Orchard, WA (loc #WWT5650);. The Certificate Holder is named as Additional Insured with respect to General Liability as required by written contract subject to policy terms, conditions, and exclusions. CERTIFICATE HOLDER Mannette Community Church Hi Joy Bowl City of Port Orchard 216 Prospect St Port Orchard, WA 98366 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. Authorized Representative 1 of 1 Certificate I D p sus o FIREWORKS LEASE AGREEMENT This agreement is made between Thomas 0 Meyers as Lessor and AMERICAN PROMOTIONAL EVENTS NORTHWEST as Lessee. I - AMERICAN PROMOTIONAL EVENTS - NW, will lease a portion of the property located at See Addendum "A" "for the sale of approved fireworks from the following premises (hereafter called the "Location"), 2. The lease payment will be _per year for the period of June 201" thru July 7"' (2010) (hereafter called the "Season"), Payment shall be paid on or before February 15th. 3. Lessor represents that the Location is owned andlor controlled by the Lessor and furthermore. that the Lessor agrees to grant the Lessee the exclusive right to operate a fireworks sales structure (hereafter the "Structure") through the year 2012 for the above -mentioned period. 4. The Lessor hereby grants Lessee a first right of refusal to match any bona fide offer to lease the Location for fireworks sales during the renewal Seasons. 5. In return, Lessee agrees to the following terms and conditions: a. Provide an A+ rated $10,000,000,00 certificate of insurance, prior to occupancy, evidencing liability insurance in force covering the erection and operation of the Structure_ Insurance shall name Lessor as additional insured, and Lessor shall be held harmless from any claims arising from the maintenance or operation of the Structure. b. Pay any and ail costs involved in erection, maintenance, and operation of the Structure, and Lessee shall guarantee that the Location will be returned to its original condition. c. Obtain and pay all necessary permits and licenses required by law, post with local authority any debris or performance bonds as required, and guarantee that all laws and regulations shall be adhered to. 6. This agreement is contingent upon Lessee securing necessary permits and licenses. Lessee may cancel this agreement if the sale of fireworks is prohibited at this Location by a public authority or such sale, in the good fails-i opinion of t_.:Ssaa, ue�,=es ccrm ^ ercially unreasonable. In such an event any deoosit shall be refunded to Lessee. Agreed to and dated this day of 4,2009 Accepted: ` -A Accepted: Lessor: Thomas 0 Meyer Lessee: Kennetl A. Spence P.O. Box 3104 r AMERICAN PR f MOTIONAL EVENTS - NW ,emjDxdar ,-WA -9836 �00-,CQ e� #' l �T Phone: 36"- 76-8-783 `� 1� � Tax ID#. 91-0859434 AMERICAN PROMOTIONAL EVENTS, INC. 2120 M I LWA U K E E WAY-TACOMA, WA 98421 TACOMA (253) 922-0800 , SEATTLE (253) 838-1099 FAX (253) 830-2930 www.tntfireworks.com LOC# W WT-5551 W WT-5650 THOMAS O MEYERS ADDENDUM "A° LOCATION NAME ADDRESS ALL STAR LANES 110710 SILVERDALE WAY HI -JOY BOWL 11011 BETHEL Pre Yr. Pint. - roval t CITY ST SILVERDALE IWA PORT ORCHARD WA Total: LEASE AMOUNT SITE DIAGRAM r-} Updated._ .. November 30,_2001 tl n Name: I J Bowl a 1 Site Address:_ 1011 Betel Ltd City & State:_ _ Port Qrchard, WA Location #: W-565650 .._�___... Ordinance Of: Ct of Port Orchard Structure Type: Tent Structure Size: 50 x 30 Cross Streets -and Structure Faces: Show all setback from structures as, We lanespublic and prIvate roads property lines trees and landmarks NORTH Bethel Rd SUM 10( 35' C 26' & T T e0* Ow SOUTH A T etrttf icate. of jftanie Reoi�talite REGISTERED ISSUED 6Y odtet 1 - 10- 9 5 t� Fabric No. hrb+�v(edure Meridian ttariuPacturinY, 505U i'npler Ave-, SLO. 1432 Memphis, TN 38(57 This is to certify that the maNdols described on the reverse side hereof hovo been Rama - retardant treated (or are inherently nonflammable). FopL Key Manufaccur in & Itencal ADDRESS 5030 H.))ek d a I c S u . Wi- CITY Brooks STATE-,,, _, a R _ . _ -_ Certification is hereby made that: (Check "a" or "b") {a) The articles described on the reverse side of this Cerlificate have been treated with a flame-retardant chemical approved and registered by the $tots Fire Marshal and that the application of said chemical was done in conformance with the lows of the State of California and the Rules -and Regulations of the State Fire Mdrshol. Name of chemical used ................ -............... .,............................ ....... Chem. Reg. No........... . Methodof application ........................................ ............ I ............ ..................................... Q (b) The articles described an the re,rerse side hereof are mach from o f amo-reslstant fobr:: or mairrial rvalstered and approved by t6 State Fire Marshal, for ssrch u". Trade name of florno-resistont fabric ......... Group] N,..M 1 160.5 The Flame Retardant Process Used...�q.t !....>>«.1:..... Be Removed By Washing i•.11t anon im) ' Jimmie Rnbertson Nerve of Apptice'roi of hVdUCr!0A 1oy.rifi1Qn4&02r CONTROL. NO. 14824 CUSTOMER ORDER NO. , 4227 . CUSTOMER INVOICE NO. S0222 YARDS OR QUANTITY 7 5 0 yard s COLOR whir S'iYL pex II Write Chrome DATE PROCESSED 1- 12-96 o C Ca: tertif irate of iffame lkem5tante r AE41STERED ISSUED &Y 1 2- z 0- 9 5 Fabric No. Meridian M A e u f a C[ u r i n g ,r anvtactur.d 5050 Poplar Ave., Ste, 1431 �+4ts1� F-306.t71 Memphis, TN 38 1 57 This is to certify that the matariois described on the reverse side hereof hove been flame- retardont treated (or are inherently nonflammable). FOIL_ tj _Manufacruring &_ Rental -_ ADDIZEM, 5030 Rpckdale_•S,r N1; ^ Orr Brooks _ - _ - — STA;F. O, R Certification is hereoy made that,. (Check ''a"R or "b") 0 (a) The articles tlescribed on the reverse side of this CeriiAcate have been trooted with a ftome.ratardanr 6ernical approved and registered by the State Fire Marshal and that the application of sold chemical was done in conformance with the laws of the State of California and the Rules and Ragw1ations of the State fire Marshal. Name of chemical used ........................ ........._ ...............................Chem. Rm No........ ............... Methodof application ...... ..................... .......................... ................... I...._ ..,........ -- .................... ® (b) The articles dascribad an t6 reverm side herpa aro mode frorti a flame-reslstont fabric or ntateriol registered errd approved by The State Fire A'arshol for sud, trse. Trade name of flame -resistant fabr c Group l ... No, M 1.1505 The Flame Retardant Process Used ... w( j�ow R ...Be Removed By Washing wihad JINNIE ROBERTSON- 6v y='o 0 cli)2'�� Ha.tq of App1k-esar of Pr"vaion Sup.rint.ndvhr CONTROL NO 14924 CUSTOMER ORDER NO. .,. 4227 CUSTOMER INVOICE NO. 80222 - ----- YARDS OR QUANTITY.,_760 yards' COLOR tr e d STY _ Apex II Chrome DATE PROCESSED .T 1-1 1 -46 rats City Clerk's Office 216 Prospect Street ����' { 2010 Port Orchard, WA 98366 (-ITY OF PORT ORCHARD 360-876-4407 * 360-895-9029 (fax) r�TV Q PPKS OFFICE__ FIREWORKS APPLICATION (Port Orchard Municipal Code. 5.60) City Business License # (Fireworks Ucense cannot be issued unless your City Business Ucense is current) Sales License Fee $1o.00 Bond $50.00 NOTE: Acceptance of this application by the City Clerk's Office does NOT indicate or guarantee approval of the application or the dates requested. Each application will be reviewed by City staff and Council Committee. Additional information may be requested by city personnel prior to submittal of the application to the City Council for final consideration. No statement made by city staff or elected official prior to final consideration by the City Council sball obligate the City Council in any manner. Name of Sponsoring Organization: MUSTER TEAM Name of Person Completing This Application: BRENDA MERRITT 2 53--gj-L--02bC) Point of Contact: NELSON WAGNER Telephone: 3 6 0- 871- 3 7 3 8 Address: 1860 CALIFORNIA PORT ORCHARD, WA 98366 Street City State Zip Code Dates of Temporary Stand: 6 / 2 8 - 7 / 4 - Location of Temporary Stand: SAARS MARKET, 1415 OLNEY AVE Time Open to Public: Closing Time: This application farm was designed for use by applicants for various types of events. Please answer all questions; you may attach additional pages if necessary. 1. Describe type of event and how this event will benefit the community: BOUARS RA-1-SR'D WTLL GO BACK 11310 THE C0143 INTTY FOR VART()llq Af'.TTVTTTFR_- 2. What is expected traffic pattern for the event? Attach a site map indicating location of each activity/vendor(s), fire lanes, garbage, and restroom/sari-can(s):_ — SEE ATTACHED 3. Describe how public safety, traffic and crowd control will be provided. How many police officers do you anticipate will be needed for (z) traffic control and (2) crowd control? I/A 4. Describe bow sanitation control (garbage and restrooms) willbe provided and maintained: RR PTCKRD iIP RVF.RY OTHER DAY BY TNT TRrICKS 5. How many participants and visitor cars are anticipated and where will parking be provided? ABOUT 50 CARS A DAY AND PARKING WILL BE PROVIDED City CIerk's Office 216 Prospect Street Port Orchard, WA 98366 360-876-4407 * 360-895-9029 6. Howbave parking impacts been coordinated with the neighbors (residential and/or business)? PARKING PROVIDED BY _TRE PROP -OWNER AND WILL NOT AFFECT NEIGHBORS 7. Describe how fire lanes will be identified and kept open: STAND & TENTS HAVE 20 FT ALL AROUND FOR FIR.SFETx 8. Will this event require the closure of any street? If so, list street name with date and time of requested closure: 9. If any event activity or vendor requires electrical connections or other accommodation to operate, indicate location and how you anticipate meeting their needs: N EDED ao. How will the event area be cleaned before, during and after the event? GARBAGE WILL BE PICKED UP EVERY QTBFIJ D Y TE WILL BE INSPECTED WHEN EVENT IS OVER 11. If your event requires vehicles to be towed, your organization must accept responsibility and indemnify the City of Port Orchard and other authorizing property owner(s) by agreeing to pay tow/storage charges or damage claims which result from the vehicle being towed, if a court rules in favor of the registered owner and orders payment of such charges or damage claims. Do you accept this responsibility? ❑Yes ® No If yes, name of person responsible for rendering payment of tow/storage charges. If no, explain why:. DUE TO VEHICLES VISITING LOCATION IT WOULD BE UNDER -THE CUSTOMER RESPONSIBILITY 12. When specifying location of event activity/vendor(s), do you anticipate utilizing any area not owned or managed by the City of Port Orchard? ❑Yes flNa If yes, the owner ana r of sub' ect roe nst corn lete d sign the following: Name of property owner: Authorizing authority: Address: Signature of authorizing authority; Title: . Telephone: A. If the City of Port Orchard approves this application for public event, will your organization grant permission for the sponsoring organization to use your property on the dates specified, for the purpose and activities described in this application? ❑Yes ❑ No If yes, please complete the following: B. Are there any limitations or restrictions on use of your property? ❑ Yes ❑ No If yes, please describe in detail: — — — - C. Do you require the event sponsor list you as an Additional Named Insured and provide an insurance certificate to your organization prior to the event date? ❑ Yes ❑ No If yes, please indicate coverage limits you require for general liability, property damage and or personal injury? City Clerk's Office 216 Prospect Street Port Orchard, WA 98366 360-876-4407 * 360-895-9029 (fax) 13. If nature of this event requires event workers to stay overnight (such as carnival or other event workers) where and how do you anticipate providing their lodging? If you anticipate utilizing private property(s) for lodging or other purposes, the owner of the, subject propeM(s) must complete and sign the following: Name of property owner: SEE ATTACHED LEASE Authorizing authority: 'Tale: Address: Telephone: Signature of authorizing authority: A. Are there any limitations or restrictions on use of your property? ❑ Yes ❑ No If yes, please describe in detail: B. Do you require the event sponsor list you as an Additional Named Insured and provide insurance certificate to your organization prior to the event date? ❑ Yes ❑ No If yes, please indicate coverage limits you require for general liability, property damage and or personal injury? C. How will use of your property by event workers impact neighboring property owners? Describe steps that will be taken to mitigate any adverse impact(s): 14. Please provide any other information, which you believe, will assist the City in the review process: _SALFs--AggOCTATF, FOR PORT ORCHARD IS FMILY SWISHER SHE CAN BE REACHED AT 2.73_922-OM00 - 15. INSURANCE REQUIREMENTS: Sponsoring organization must provide an insurance certificate, io days prior to the event, with the City of Port Orchard and other applicable parties shown as Additional Named Insured. Minimum coverage to be as follows: ' $1oo,000 Liability; $300,Ooo Bodily Injury; $5o,000 Property A. Can you provide this Insurance Certificate? X❑ Yes ❑ No SIGNATURE OFAPPLICANT:.' �UJ�lrR tdFOR NELSON WAGNER Date: 0 3 / 09/ 2 010 APPLICATION FOR RETAIL FIREWORKS STAND PERMIT WWT5601 TO: Governing body of city, town, or county in which DATE OF I JAN.02, 2010 fireworks stand will be located. APPLICATION: Applicant Name: Address, City, State: MUSTER TEAM 2120 MILWAUKEE WAY, TACOMA„ WA 98421 Sponsor (If other than applicant): Address, City, State: NELSON WAGNER 2120 MILWAUKEE WAY, TACOMA„ WA 98421 Location of 1progosed fireworks stand: [Enclose drawing of stand location] 1415 OLNEY AVE PORT ORCHARD, WA SAARS MARKET Manner and place of storage prior, durinia, and after sales dates: ON SITE WITH SECURITY State Licensed Fireworks Supplier: American Promotional Events NW 2120 Milwaukee Way, Tacoma, WA 98421 FIREWORKS STAND PERMIT For The Fireworks Sales Year Of: 2010 (Must be conspicuously displayed at all times while the stand is open to the public) By virtue of having been granted a license by the State of Washington and this permit from CITY OF PORT ORCHARD the local governing authority, the named person, firm or organization is hereby authorized to sell U.N. 0336 IAG Consumer fireworks at the location designated herein between the following date and times: Sales For July 4tn Sales For December 31st From: From: To: To: Sponsor: MUSTER TEAM Location: SAARS MARKET 1415 OLNEY AVE PORT ORCHARD WA lsl lsl FOR NELSON WAGNER Signature of Official Granting Permit Signature of Applicant Title: Agency: Date: Permit Number: Licensee Name: MUSTER TEAM License Number: 3000-420-013 (Rev.2105) Washington State Patrol Vv v" ' } 1 1 0 1 2 Fire Protection Bureau Office Of The State Fire Marshal Fireworks Stand License Washington State Fireworks License License is Non -Transferable and Valid for Only One Stand Licensee Information Muster Team 2120 Milwaukee Way State Fire Marshal Signature Tacoma, WA 98421 License Number: WSPFL-00251 Detach this wallet card and carry with you for verification of certification. Stand Information Contact Person: Nelson Wagner Phone Number: (360) 871-3738 County: Kitsap Date of Ex iration Date of Issue Stand Number: SN-04744 January 31, 2011 February 24, 2010 Stand Location: [Stand ,Location To Be Completed By Licensee] 3000-420-012 (R 9/05) Washington State Patrol 0 Fire Protection Bureau 12 Office Of The State Fire Marshal ANNUAL FIREWORKS STAND LICENSE Licensee: Muster Team Contact Person: Nelson''i`agner License Number: WSFFL-00251.: Stand Number: SN-0.4144 (Valid For One Stand] Date of Expiration: lanuary 31,20.11` Location (Bland L ca on To .Be Completed By Licensee] Qv State Fire Marshal Signature Licensee Signature ACORD, CERTIFICATE OF INSURANCE ISSUE DATE 11/02/2009 PRODUCER This certificate is issued as a matter of information only and confers no rights MCGRIFF, SEIBELS & WILLIAMS, INC. upon the Certificate Holder. This Certificate does not amend, extend or alter the P.O. Box 10265 coverage afforded by the policies below. Birmingham, AL 35202 800-476-2211 COMPANIES AFFORDING COVERAGE Comp any Columbia Casualty Company INSURED Company American Promotional Events, Inc. B dba TNT Fireworks P.O. Box 1318 Florence, AL 35631 Company C Company D Company E This is to certify that the policies of insurance described herein have been issued to the Insured named herein for the policy period indicated. Notwithstanding any requirement, term or condition of contractor other document with respect to which this certificate maybe issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, conditions and exclusions of such policies. Limits shown may have been reduced by paid claims. CO LT TYPE OF INSURANCE POLICY NUMBER EFFECTIVE EXPIRATION LIMITS OF LIABILITY A GENERAL LIABILITY ® Commercial General Liability ❑ Claims made E l occurrence ElOwners' and Contractors' Protection ❑ ❑ General Aggregate Limit applies per. ❑ Policy ®project ❑Location 4015727097 11/01/2009 11/01/2010 EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE $ 100,000 MEDICAL EXPENSE $ EXCLUDED PERS. AND ADVERTISING INJURY $ 1,000,000 GENERAL AGGREGATE $ 2.000,000 PRODUCTS AND COMP. OPER. AGG. $ 2,000,000 AUTOMOBILE LIABILITY ❑Any Automobile ❑ All Owned Automobiles ❑ Scheduled Automobiles ❑ Hired Automobiles ❑ Non -owned Automobiles ❑ COMBINED SINGLE LIMIT $ BODILY INJURY Per erson $ BODILY INJURY Per accident $ PROPERTY DAMAGE f Per accident $ COMPREHENSIVE COLLISION WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY WC Statutory Limit Other EL EACH ACCIDENT $ EL DISEASE Each employee) $ EL DISEASE(Policy Limit $ EXCESS LIABILITY ❑ occurrence ❑ Claims Made EACH OCCURRENCE $ AGGREGATE $ $ $ This certificate only applies to Re: Saars Market located at 1415 Olney Ave in Port Orchard, WA (loc #WWT5601);. The Certificate Holder is named as Additional Insured with respect to General Liability as required by written contract subject to policy terms, conditions, and exclusions. CERTIFICATE HOLDER SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. Munster Team Saars Market Authorized Representative .City of Port Orchard = 216 Prospeect St 'r Port Orchard, WA 98366 �- • •'`� S' `�` Poor. 1 of 1 certificate to 9 40SF,PKOF FEREWO REEMENT WWAA�o UWX b*o� This agreement is made between SAAR'S INC. as Lessor and AMERICAN PROMOTIONAL EVENTS NORTHWEST as Lessee. 1. AMERICAN PROMOTIONAL EVENTS - NW, will lease a portion of the property located at See Addendum "A" "for the sale of approved fireworks from the following premises (hereafter called the "Location"): 2. The lease payment will be — _ ,per year for the period of June 20th thru July 7th (2010) (hereafter called the "Season"). Payment shall be paid on or before May 15th. 3. Lessor represents that the Location is owned and/or controlled by the Lessor and furthermore that the Lessor agrees to grant the Lessee the exclusive right to operate a fireworks sales structure (hereafter the "Structure") through the year 2011 for the above -mentioned period. 4. The Lessor hereby grants Lessee a first right of refusal to match any bona fide offer to lease the Location for fireworks sales during the renewal Seasons. 5. In return, Lessee agrees to the following terms and conditions: a. Provide an A+ rated $10,000,000.00 certificate of insurance, prior to occupancy, evidencing liability insurance in force covering the erection and operation of the Structure. Insurance shall name Lessor as additional insured, and Lessor shall be held harmless from any claims arising from the maintenance or operation of the Structure. b. Pay any and all costs involved in erection, maintenance, and operation of the Structure, and Lessee shall guarantee that the Location will be returned to its original condition. c. Obtain and pay all necessary permits and licenses required by law, post with local authority any debris or performance bonds as required, and guarantee that all laws and regulations shall be adhered to. 6. This agreement is contingent upon Lessee securing necessary permits and licenses. Lessee may cancel this agreement if the sale of fireworks is prohibited at this Location by a public authority or such sale, in the good faith opinion of Lessee, becomes commercially unreasonable. In such an event any deposit shall be refunded tq,Lessee. Agreed to an )ated t day of -e , 2 Accepted ',°°'�' "''�' Accepted: Lessor: SAAR'S INC Lessee: Ken M A. Spe ce Greg Saar AMERICAN PROMOTIO AL EVENTS - NW 32199 SR 20 Oak Harbor, WA 98227 Phone: 360-675-3000 AMERICAN PROMOTIONAL EVENTS, INC. 2120 MILWAUKEE WAY • TACOMA, WA 98421 TACOMA (253) 922-0800 • SEATTLE (253) 838-1099 FAX (253) 830-2930 www.tntfireworks.com F + l ' Y�TAF �7 Imo/ SAAR'S INC SITE DIAGRAM Date Drawn: May 4, 2007 Address: HM 160 & Olney Road _ Store/Center: Saar's Market City & State: Port Orchard Washington Cross Streets: H ,160 & OI -nay Road rOPS Co-ordinates 47.32.108 N 122.36.568 .W Loc No: WWT-6601 Ordinance of: City of Port Orchard Parcel No: Tent Faces Direction of: East Tent Size: 3b YcSo Notes: NORTH Kman Enaano w 4W Tar �• IP w E S Lotrt x' S parkling T T Bank --------------------------- -------------------- Enbuft Road SOUTH NOWS =-Sidewalk Grass TNT 50 X 30 Tent Layout Exit 5'6" � 3, ,4* 6 IM,an#M Cou ntor 10 11 Entrance 8' cable = 6' Table 0 S Q17L.-ertif irate. of jftalne RCO-i.�tailce REGISTERED ISSUED BY Dates I - 1 0 - 9 5 Fabric No. hs6rrufodured s r Meridian HrinuFact�+rinY F,�s�F� 'r 306.Ot 505u Paptar Ave— Ste. 1432 Mvmph i s, TN 38157 This h to certify that the rnaterials described on the reverse side hereof ho,o been f?ame- refardarrt treated (or are inherently nonflammable). FOR Key ttenufaeturin S Rencal ADDRESS- 5030 Kgeko,st c s L �. CITY i3 r o n r- s STATE U R - — - � .___ _ Certification is hereby mcdo Mob (Check "a" or "b") (a) The arlicios described on the reverse side of this Certificate have been treated with a flame-retardant chamlcal ¢pproved and registered by the $tote Fire Marshal and that the application of said chemical was done in conformance With the laws of the State of California and the Rules.arrd Regu[olions of the Slate Fire Marshal. Noma of chemical Used............................................................•....._...Chem. Rot;. No........... ............. Methodof application .................... ..................... ...... .......... .......... .......... ................ (b) The articles dwsaib.d on tho remevi slde heroof are rnado horn a flame -resistant fabric ar motnrial reotstere.d and apprv,rwd by tiro State Fire Acrahal fcw uxh um. Trade name of flame-resistani fabric .................Csr(?up] The Flame Retardant Process Used...�.i.,l. f....��.s.�.�:.... Be Removed By Washing N411 W ter, tw) J Jimmie RnbcrIs0n ByO'q Mom. of Apocarer ar Pftdusrie.t Svv*ein1rn4drnr I ITitle CONTROL.. NO. t 4824 CUSTOMER ORDER NO. 4 2 2 T CUSTOMER INVOICE NO 80222 YARDS OR QUANTITY- 750 yard s COLOR STYL pex II White Chrome DATE PROCESSED 1- 12-96 f eCtrfif icate of Iffame eziqtante RECISTERED ISSUED BY Data 1 2 - 2 0- 9 5 Fabric No. mar�Gr/drlure[/ tie ridien Manufac[uring •,..�► 5050 Poplar Ave. , Ste_ F43? �� Y-30fi.01 Memphis, TH 38157 This is to certify fhof the mafrarials described on fho reverse side hereof hare been f}ante- retardant freated (or are h7herently nonflammable). pO Kov Manufaccurin S Rental AI)DR t,,5030 RockdaEp •St _N __ �� CITY Brooks 5TA OR Cerliflco0on is hereby made fhat.. (Chock ''o" ar "b") (a) The articles described on the reverse side of this CertilleCito have boas treated wlih a flome.ratafdanf chemicol approved and registered by the State Fire Marshal and that the applicarian of said chemicof was done in conformance with the laws of the State of California and the Rules and Regulations of the Stoto Fire Marshal. ' Nome of chernical used ..................................... ................................ Chem- Rag. No..................., Methodof applitation.................................................................. ............ ...... ..........I.. ............ (6) The arficlrs c% cr$ d an the rer*mo side hereof are made from a flame-rosistont fabric or material registrrrd and approved by lbo State Fire Marshal for u h u". Trade name of flame-resivant fabric ........ Group ! ................. No. M1.1605 . The Flame Retardant Process Used...u4= �i.� 8e Removed By Washing win rmj... JIiHMYE ROBERTSON yRV �ja t amq *1 Applls0fvr ef:t*dL-';9n SYP[Fnf-40 CONTROL NO. 14924 CUSTOMER ORDER NO. 4221 CUSTOMER INVOICE NO. __. 80222 YARDS OR QUANTITY. 760 yards COLOR _red SYYL A ex II Chrome DATE PROCESSED i - 11- 9 6 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (36o) 876-4407 • FAX (36o) 895-902-9 Agenda Staff Report Agenda Item No. Consent Agenda 4E Subject: Approval of Contract No. CO23-10, Authorizing the Mayor to Execute Interlocal Agreement with Kitsap County for Jail Services Meeting Date: April 27, 2010 Prepared by: Al Townsend Police Chief Atty Routing No: olo-io Atty Review Date: Aril 1 , 2010 Summary: Attached is the new jail contract. Below is a list of the major contract changes. 1. Establishes annual bed bank of 326o bed days for $240,000. This amount will be billed in equal monthly installments. 2. Reduces 2o10 daily rate for housing form $8o per day to $73.68 per day. 3. Adds a yearly COLA to the daily rate based upon the same COLA measurement that the City uses, with a minimum increase of i%to a maximum increase of 5%. 4. The contract duration is through the end of 2012. 5. Defines billing terms including contract agency's prisoners, bed days, shared bed days, shared costs, and fractional bed days. 6. Removes a base rate for "booking and release" of prisoners. 7. Spells out notification procedures for emergency, non -emergent, and non -hospital care of prisoner outside of the jail. 8. Change the City's payment of out of jail medical costs from "directly to the treatment provider" to "directly to the county". 9. Adds definition and requirements to transfer custody of prisoners to/from jail. 1o. Adds language allowing the county to provide the Electronic Home Monitoring Program to the city defendants at the defendant's expense if alternatives are an option to incarceration. 11. Modifies the language in the hold harmless and insurance section, to the satisfaction of the city attorney. This contract has been a work in progress for several months are we are pleased to have this product done to the satisfaction of the city attorney, as well as city and county staff. Recommendation: Authorize the Mayor to sign the jail Interlocal Agreement. Motion for consideration: I move to approve Contract No. 023-1o, authorizing the Mayor to execute an Interlocal Agreement between Kitsap County and the City of Port Orchard for Jail Services. Fiscal Impact: There will be a reduction of $6.32 per bed day by buying in "bulk" so to speak. The Costco plan. Alternatives: Decline the contract and have no jail services contract. While we could send some prisoners to Forks, it is not a replacement for daily use of the Kitsap County Jail. Attachments: Jail Interlocal Agreement KC-065-10 CO23-10 KITSAP COUNTYXITY OF PORT ORCHARD INTERLOCAL AGREEMENT FOR INCARCERATION OF CITY PRISONERS THIS AGREEMENT is made and entered into by and between KITSAP COUNTY, a municipal corporation, having its principal offices at 614 Division Street, Port Orchard, Washington, 98366 (the County) and the CITY OF PORT ORCHARD (the Contract Agency), having its principal offices at 546 Bay Street, Port Orchard, Washington 98366. WHEREAS, the County is authorized by law to operate a jail for misdemeanants and felons and the Contract Agency is authorized by law to operate a jail for misdemeanants and felons; WHEREAS, the Contracting Agency wishes to designate the County jail as a place of confinement for the incarceration of one or more prisoners lawfully committed to the Contract Agency's custody; WHEREAS, the County is amenable to accepting and keeping prisoners received from the Contract Agency in the County's custody at its jail for a rate of compensation mutually agreed to herein; WHEREAS, RCW 39.34.080 and other Washington laws authorize any public agency to contract with another public agency to perform services and activities that each such public agency is authorized by law to perform; and WHEREAS, the County and Contract Agency have considered the anticipated costs of incarceration services and potential revenues to fund such services and determined it is in each of their best interests to enter into this Agreement as authorized and provided for by RCW 39.34.080 and other Washington law. AGREEMENT For and in consideration of the conditions, covenants and agreements contained herein the parties agree as follows: 1. PURPOSE: It is the purpose of this Agreement to provide for the use by the Contract Agency of the County's jail facilities and services located at the Kitsap County Sheriff's Office, Corrections Division, 614 Division Street, Port Orchard, Washington 98366. 2. DETENTIONANCARCERATION The County shall incarcerate persons received from Contract Agency until the following occur: Page 1 of 13 (a) expiration of the term of confinement as indicated in a Warrant or Order of Commitment; or (b) upon posting of bail; or (c) receipt of a directive from a law enforcement officer or prosecuting attorney of the Contract Agency to release such person held under probable cause without judicial process; or (d) for those held upon probable cause without judicial process upon the passage of two (2) business days; provided, prior to releasing any person pursuant to this subsection, the County shall attempt to contact the Contract Agency to ascertain the Contract Agency's desire with regard to said person; provided that the Contract Agency shall hold the County harmless as set forth in Section 18 for any claim or action resulting from the detention of an individual wrongly detained at the direction of the Contract Agency. 3. CONTRACT REPRESENTATIVES: All written notices, reports and correspondence required or allowed by this Agreement shall be sent to the following: County: Kitsap County Sheriff's Office Ned Newlin Chief of Corrections 614 Division Street, MS-33 Port Orchard, WA 98366 Phone: 360-337-7107 Fax: 360-337-5780 Contract Agency: City of Port Orchard Alan Townsend Chief of Police 546 Bay Street Port Orchard, WA 98366 Phone: 360-876-4730 Fax: 360-876-5546 4. AVAILABILITY OF JAIL FACILITIES: Subject to the County's rights with respect to certain prisoners set forth in Sections 9 and 10 herein, the County will accept and keep prisoners at the request of the Contact Agency, unless the County, in its sole discretion, determines that the jail population is at capacity or so near capacity that there is a risk that the reasonable operational capacity limits of the County's jail might be reached or exceeded if the County does not begin to refuse or request removal of prisoners. 5. DEFINITION OF A CONTRACT AGENCY PRISONER: "CONTRACT AGENCY PRISONER" as used in this Agreement shall mean a person arrested by the CONTRACT AGENCY officers and held and confined in the County Page 2 of 13 Corrections Facility, or otherwise held in detention as provided in this agreement pursuant to a violation of a CONTRACT AGENCY ordinance or a violation of a state law or ordinance which designates the crime for which the person is held to be a misdemeanor or gross misdemeanor. A prisoner arrested on a warrant issued by another jurisdiction within Kitsap County or for charges initiated by a non -CONTRACT AGENCY officer, shall be the responsibility of the originating agency. Arrests made by CONTRACT AGENCY officers on extraditable warrants issued by agencies outside Kitsap County will be considered County Prisoners. "Bed —Day" shall mean a consecutive 24-hour period that a Contract Agency prisoner is in custody at the county jail, including a prisoner's booking into the county jail. "Shared Bed -Day" shall refer to the circumstance when a Contract Agency prisoner is held in custody pursuant to this agreement at the same time, including periods of time less than 24 hours, the prisoner is being held by another jurisdiction in the County facility. "Shared Cost" In the event of a shared bed -day, the bed -day shall be apportioned on an equal basis between the respective jurisdictions having custody of the prisoner. For example, if the Contract Agency and the County and another jurisdiction have custody of a prisoner at the same time during any 24-hour period (bed -day), then each respective jurisdiction would be responsible for a 33 1/3% share of the bed -day. "Fractionalized Bed -Day" In the event a Contract Agency prisoner is not held in custody for a full bed -day, the Contract Agency shall be assessed according to the length of time the prisoner is in custody. Assessments shall be determined in 1/2 day increments. For example, if a Contract Agency prisoner's stay is from 2000 hrs on January 1 to 0800 hrs on January 2, the total elapsed time would be 12 hours or 1/2 of a bed -day. In the event the prisoner is held for 18 hours or less, the City shall only be assessed for a'/2 bed -day. For stays over 18 hours, the Contract Agency shall be assessed a full bed -day. A fractionalized bed -day may still be considered a shared bed -day if two or more jurisdictions have custody of a prisoner at the County facility at the same time. 6. COMPENSATION FROM CONTRACT AGENCY: (a) Base Rate for Housing. In return for the County's housing of the prisoners of the Contract Agency, the Contract Agency shall pay the County $240,000 in the calendar year 2010 for a total of 3250 bed -days (also referred to as the Annual Bed Bank). The Annual Bed Bank shall be reduced by one bed -day for each 24- hour period, or portion thereof, a prisoner is in the custody of the County, except as outlined under subsection (e) (Shared Cost) below. Such time period shall be measured from the time said prisoner is transferred to the custody of the County to the time when the Contract Agency resumes custody or the prisoner is released under competent authority. The daily rate for housing of additional prisoners beyond the Annual Bed Bank shall be $73.68 per 24-hour period, or portion thereof. On January 1st of each year the base rate for housing shall be increased by one hundred percent (100%) of that percentage increase set forth in the All Urban Consumers Index (CPI-U) (1982-1984=100) for the Seattle -Tacoma -Bremerton area for that period from June to June (June 2009 to June 2010 for 2011 contract year, June 2010 to June 2011 for Page 3 of 13 2012 contract year) as is specified by the Bureau of Labor Statistics, United States Department of Labor; provided, however, the COLA increase shall not be less than one percent (1 %) nor more than five percent (5%). (b) Determination of Case Status. The Prosecuting Attorney shall have the sole authority to determine which felony cases submitted by the Contract Agency shall be charged as felonies and which as gross misdemeanors/misdemeanors. The Contract Agency shall not be responsible for the base rate for housing on any cases charged as a felony by the Prosecutor. Nothing in this contract prevents the County from seeking reimbursement for felony medical costs prior to conviction as provided in RCW 70.48.130. If the Prosecutor makes the determination that a case is a gross misdemeanor/misdemeanor, such cases shall be referred to the Contract Agency for filing in the appropriate court of limited jurisdiction. However, bed -days shall not begin to be charged to the Contract Agency until the Kitsap County Prosecuting Attorney has declined to charge the felony case and referred the case back to the Contract Agency. Any case originally charged by the Prosecutor as a felony and later plea-bargained or adjudicated to a gross misdemeanor/misdemeanor, shall not require compensation by the Contract Agency for the base rate of housing. (c) Other Costs. The Contract Agency shall also pay such other costs to the County or third parties as set forth herein, including but not limited to any medical costs required by Section 7. (d) Billing. The County will bill the Contracting Agency on or about the 15th day of each month for all amounts due to the County under this Agreement for the services rendered in the prior calendar month. Such fees shall be due and payable by the Contract Agency to the County within 30 days after receipt of an itemized invoice. (e) Shared Cost. Whenever two or more agencies have holds pending before those courts for an inmate incarcerated at the jail, the "Annual Bed Bank" shall be reduced proportionally to reflect either a shared bed- day and/or a fractionalized bed -day. 7. MEDICAL COSTS AND TREATMENT: a) Services Provided. Upon transfer of custody of a prisoner to the County, the County will provide or arrange for such medical, psychiatric and dental services as may be necessary to safeguard the prisoner's health while confined, in accordance with the policies and rules of the County jail. The County contracts with ConMed Healthcare, Inc.for in-house medical and mental health care in the jail. The costs of these services are included in determining the daily per diem rates charged to the Contract Agency. (b) Cost Responsibility, Outside Medical costs are expenses incurred for any treatment or procedure outside of the jail and include prescriptions, any in -patient or out -patient treatment or referral. The Contract Agency shall be responsible for the cost of all outside medical costs for its prisoners as provided herein. For purposes of medical costs and treatment, the Contract Agency prisoners are defined as all arrestee, pre -conviction and post -conviction misdemeanants and all pre -conviction felons. The Contract Agency shall also be responsible for it's proportion of all costs associated with the delivery of medical, Page 4 of 13 psychiatric and dental services provided to a prisoner that are not available from the health care program within the County jail and for all emergency medical services, wherever provided. These costs shall be paid directly to the County, as directed by the County. Upon a felony conviction of a pre -conviction felony prisoner of the Contract Agency, medical costs and treatment become that of the County, until transferred to the Department of Corrections, when applicable. Prisoners arrested and confined on warrants issued in Kitsap County shall be the responsibility of the originating agency. Outside warrants will be the responsibility of Kitsap County for medical payments. (c) Emergency, Non -emergent and Non-hos itp al Care outside the Jail. For emergency care, the County will notify the Contract Agency within four (4) business hours of transport (Monday through Friday 8 a.m. to 5 p.m. PST). For non -emergent and non -hospital care outside of the jail, the County will notify the Contract Agency before noon on the next business day. In either case, the Contract Agency will be notified by calling the Chief of Police or his/her designee, Deborah Hunt, Port Orchard Municipal Court Administrator at 360-876-1701. If not available, call the Port Orchard Police Department at 360-876-1700. (d) Pre -Confinement Consents or Refusals. If a Contract Agency prisoner has received or refused any medical, psychiatric or dental treatment from the Contract Agency before confinement in the County jail, the Contract Agency shall provide to the County all written verification of any authorization of or refusal to authorize care or treatment for such prisoner. (e) Return for Medical Services. Nothing herein shall preclude the Contract Agency from retaking custody of an ill or injured prisoner by picking the prisoner up for transfer at the County jail; provided, in situations the County deems that a prisoner requires emergency medical care, the County shall have the right to arrange for emergency medical services (at the Contract Agency's expense) notwithstanding a request from the Contract Agency to retake custody of the prisoner. (f) Records. The County shall keep records of all medical, psychiatric or dental services it provides to a prisoner as required by law. (g) No Waiver of Right to Seek Reimbursement. The above paragraphs relating to medical costs are intended solely to define the obligations between the parties to this agreement. Nothing contained within the provisions of this agreement shall be construed to waive the rights of either party to seek reimbursement for costs from the department of social and health services, or from the prisoner, or any other responsible third -party. 8. TRANSPORTATION OF CONTRACT PRISONERS: (a) Contract Agency shall provide or arrange for transportation of its prisoners to and from the Kitsap County Jail except when the transportation is determined by County staff to be necessary to secure emergency medical evaluation or treatment, or when transportation is required to support the orderly operation of the Jail. Page 5 of 13 (b) Transport with Costs. The Contract Agency shall be responsible for transportation of all its prisoners to the jail facilities for initial booking. When the Contract Agency has its own Municipal Court, then the Contract Agency shall be responsible for transportation of all its prisoners from the jail facilities for all appearances in the Municipal Court. For any additional transports by the County required by court order or made at the Contract Agency's request, the Contract Agency shall reimburse the County for transportation performed by the County at the Standard Mileage Rates as set by the Internal Revenue Service and $40.00 per hour for the cost of personnel. (c) Contract Agency Transport. The Contract Agency shall provide at least 24 hours written notice to the County prior to transporting a prisoner from the County Jail. Except as limited by Section 8(a), the Contract Agency shall be responsible for retaking custody of a prisoner at the County jail and for transporting the prisoner. 9. TRANSFER OF CUSTODY: (a) Commencement of Custodyby County. Custody of a Contract Agency's prisoner to the County shall be deemed transferred when officers from the Kitsap County Sheriff's Office take physical control of the prisoner. The County will not take such control of a prisoner until the Contract Agency has delivered copies of all records in its possession pertaining to the prisoner's incarceration by the Contract Agency or its agent, including a copy or summary of the prisoner's medical records if held by the Contracting Agency or its agent. If the County requests additional information regarding a particular prisoner, then the parties shall mutually cooperate to obtain such information. Absent compliance with existing policies, the County shall not be required to take custody of or assume control of or responsibility for any property of the prisoner. The Contract Agency's officers, when transporting a prisoner to the jail shall be responsible for ensuring that all paperwork is in order and that all property allowed to be transported with the prisoner is properly packaged. The County will not take physical control and assume custody of a prisoner to be confined unless all paperwork and property of the prisoner are in order. Upon presentation of an individual for confinement, or as soon thereafter as is practicable, the Contract Agency shall advise the staff of the Kitsap County Jail of the duration or other terms of confinement of a given individual. The Contract Agency shall provide a copy of any Warrant of Arrest or Order of Commitment. The Contract Agency shall be solely responsible for determining that the individuals presented for detention are detainable and shall certify by the act of presenting an adult person for detention, that said person is legally detainable and County shall bear no responsibility to insure that said individuals are legally detainable. The Contract Agency shall hold the County harmless as set forth in Section 18 for any claim or action resulting from the detention of an individual wrongly presented by the Contract Agency for detention. When custody of a Contract Agency prisoner is transferred to the County, the Contract Agency prisoner shall be subject to all applicable rules, regulation and standards governing operation of the County jail, including any emergency security rules imposed by Page 6 of 13 the jail administrator or Sheriff. Any Contract Agency police officer delivering a prisoner to the County jail shall comply with reasonable rules and regulations of the County jail. (b) Further Transfer of Custody. Except as otherwise allowed by Section 11 of this Agreement, the County will not transfer custody of any prisoner confined pursuant to this Agreement to any agency other than to the Contract Agency without the written authorization from a court of competent jurisdiction. (c) Responsibilities upon Assumption of Custody. Upon transfer of custody to the County, it shall be the County's responsibility to confine the prisoner; to supervise, discipline and control said prisoner; and to administer the prisoner's sentence pursuant to the order of the committing court in the State of Washington. During such confinement, the County shall provide and furnish or arrange for all necessary medical and hospital services and supplies in accordance with Section 7 of this Agreement, (d) Resumption of Custody by Contracting Agency. The Contract Agency shall be deemed to have resumed custody of a prisoner upon either the County's presentation of such prisoner to the Contracting Agency, or upon the Contract Agency's officers taking physical control of the prisoner. 10. RIGHT TO REFUSE/RETURN PRISONER: (a) Pending Medical Needs. The County shall have the right to refuse to accept any Contract Agency prisoner who appears in need of medical, psychiatric or dental attention, until the Contract Agency has provided medical, psychiatric or dental treatment to the prisoner to the satisfaction of the County. 11. REMOVAL FROM JAIL -OTHER GROUNDS: The Contract Agency's prisoners may be removed from the County jail for the following reason(s): (a) Request by Contract Agency. Upon written request by a supervisory member of the Contract Agency for transfer of custody back to the Contract Agency. (b) Court Order. By order of a court having jurisdiction over a Contract Agency's prisoner. In such case, transport, if any, will be pursuant to Section 8 above, (c) Treatment Outside of Jail. For medical, psychiatric or dental treatment or care not available within the County jail. (d) Catastrophe. In the event of any catastrophic condition presenting, in the sole discretion of the County, an eminent danger to the safety of the prisoner(s) or personnel of the County. In such case, the County will inform the Contract Agency, at the earliest practicable time, of the whereabouts of the prisoner(s) so removed and shall exercise all reasonable care for the safekeeping and custody of such prisoner(s). Page 7 of 13 12. TRANSFER OF PRISONERS UPON TERMINATIONIEXPIRATION OF AGREEMENT: (a) Termination by County. In the event of a notice of termination from the County in accordance with Section 23 below, it shall be the County's obligation to transport the Contract Agency's prisoners to the Contract Agency, at no expense to the Contract Agency. (b) Termination by Contract Agency. In the event of a notice of termination from the Contract Agency in accordance with Section 23 below, it shall be the Contract Agency's obligation to transport the Contract Agency's prisoners at its own expense, on or before the effective date of such termination. 13. PRISONER RIGHTS, ACCOUNTS AND PROGRAMS: (a) Early_ Release Credit and Discipline. The Contract Agency agrees that its policies if any, for early release credits shall allow no more credit for its prisoners than is allowed by the County under its policies. The Contract Agency's prisoners confined under this Agreement shall earn early release credits under the policies and rules prescribed by the County and state law for all prisoners at the County jail. With respect to the Contract Agency's prisoners, the County shall maintain and manage disciplinary issues and will administer sanctions, including removal of earned early release credit, pursuant to facility rules. No discipline prohibited by federal or state law will be permitted. The disciplinary policies and rules of the County jail will apply equally to prisoners confined pursuant to this Agreement as applied to other prisoners confined to the Jail. (b) Prisoner Accounts. The County shall establish and maintain an account for each prisoner received from the Contract Agency and shall credit to such account all money received from a prisoner or from the Contract Agency on behalf of a prisoner. The County shall make disbursements from such accounts by debiting such accounts in accurate amounts for items purchased by the prisoner for personal needs. (c) Programs. The County shall provide the Contract Agency's prisoners with access to all educational, recreational and social service programs offered at the County jail under the terms and conditions applicable to all other prisoners at the jail. (d) Serve Time Outside of Faciiity. The Contract Agency's prisoners, if deemed eligible, will be allowed to leave the jail for participation in correctional work crews, or any other program in which other prisoners sometimes are allowed to leave the physical confines of the jail as part of serving their sentence. 14. ACCESS TO FACILITY AND PRISONERS: (a) Access to _ Facility. Contract Agency shall have the right to inspect, at mutually agreeable times, the County jail in order to confirm such jail maintains standards acceptable to the Contract Agency and that its prisoners are treated appropriately. The Page 8 of 13 County agrees to manage, maintain and operate its facilities consistent with all applicable federal, state and local laws. (b) Access to Prisoners. Contract Agency personnel shall have the right to interview prisoners from the Contract Agency at any reasonable time within the jail. Contract Agency officers shall be afforded equal priority for use of jail interview rooms. 15. ESCAPES AND DEATHS: (a) Escapes. In the event of an escape by a Contract Agency's prisoner from the County jail, the Contract Agency will be notified in writing as soon as practical. The County will have the primary authority to direct the investigation and to pursue the prisoner within its jurisdiction. Any costs related to the investigation and pursuit within its jurisdiction will be the responsibility of the County. The County will not be required to pursue and return the Contract Agency's escaped prisoner from outside of the County. (b) Deaths. (1) In the event of a death of a Contract Agency prisoner in the County jail, the Contract Agency shall be promptly notified in writing. Kitsap County Sheriff's Office will investigate the circumstances. The Contract Agency may join in the investigation and receive copies of all records and documents from the investigation. (2) The County shall, subject to the authority of the Kitsap County Coroner, follow the written instructions of the Contract Agency regarding the disposition of the body. Such written instructions shall be provided within three working days of receipt by the Contract Agency of notice of such death. All expenses related to necessary preparation of the body and transport charges shall be the responsibility of the Contract Agency. With written consent from the Contract Agency, the County may arrange burial and all matters related or incidental thereto, and the Contract Agency shall be responsible for all such expenses. This paragraph defines the obligations between the parties to this Agreement and shall not affect the liability of any relative or other person for the disposition of the deceased or any expenses connected therewith. 16. POSTING OF BAIL: The County shall serve as agent for the Contract Agency in receipt of any bail bonds or any monies posted for or by a Contract Agency's prisoner with the County, and any such bonds or monies will be promptly forwarded to the proper agency. 17. ELECTRONIC MONITORING PROGRAM (EHM): The County shall serve as one of two electronic home monitoring (EHM) programs approved by the Port Orchard Municipal Court for Contract Agency defendants. All defendants must meet and be approved for acceptance into the program by the Kitsap County Jail and are approved for the program at the sole discretion of the Chief of Page 9 of 13 Corrections or designee. All fees associated with the program are the responsibility of the defendant and must be paid at the time of acceptance into the program, All revenue generated from this program is retained by the County. 18. RECORD KEEPING: The County agrees to maintain a system of record keeping relative to the booking and confinement of each of the Contract Agency's prisoners consistent with the record keeping by the County for all other prisoners. The County shall make copies of said records available without cost to the Contract Agency upon its request. 19. INDEMNIFICATION, HOLD HARMLESS AND INSURANCE: (a) The Contract Agency agrees to defend, indemnify and hold harmless the County, its appointed and elected officials, employees and agents from and against all liability, loss, cost, damage and expense, including costs and attorneys fees in defense thereof because of actions, claims or lawsuits alleging damages sustained by any person or property including death at any time resulting thereof, arising from or alleged to have arisen from: (1) the Contract Agency's performance under this Agreement or as a consequence of any wrongful or negligent acts or omission of the Contract Agency, its appointed and elected officials, employees and agents; (2) wrongful detention of a Contract Agency prisoner as a result of the Contract Agency's actions; (3) failure or refusal to timely release a Contract Agency prisoner as a result of the Contract Agency's actions. To the extent the claim, damages, losses and expenses are caused by intentional acts of or by the concurrent negligence of the County, its officers, agents, or employees, the Contract Agency's indemnification obligation hereunder shall be limited to the Contact Agency's proportionate share of liability as agreed to by the parties to this Agreement or determined by a court of competent jurisdiction. (b) The County agrees to defend, indemnify and hold harmless the Contract Agency, its appointed and elected officials, employees and agents from and against all liability, loss, cost, damage and expense including costs and attorneys fees in defense thereof because of actions, claims or lawsuits alleging damages sustained by any person or property including death at any time resulting thereof, arising from, or alleged to have arisen from: (1) the County's performance under this Agreement or as a consequence of any wrongful or negligent acts or omission of the County, its appointed and elected officials, employees and agents; (2) Wrongful detention of a Contract Agency prisoner as a result of the County's actions; (3) County's failure or refusal to timely release a Contract Agency prisoner. Page 10 of 13 To the extent the claim, damages, losses and expenses are caused by intentional acts of or by the concurrent negligence of the Contract Agency, its officers, agents, or employees, the County's indemnification obligation hereunder shall be limited to the County's proportionate share of liability as agreed to by the parties to this Agreement or determined by a court of competent jurisdiction. (c) Insurance Requirement. The County and the Contract Agency shall maintain and provide evidence of liability coverage. The terms of Section 19, INDEMNIFICATION, HOLD HARMLESS AND INSURANCE shall survive the termination or expiration of this Agreement. 20. NON-DISCRIMINATION POLICY: The County and the Contract Agency agree Agreement because of race, color, national creed, marital status, disabled or Vietnam physical, mental, or sensory handicap. not to discriminate in the performance of this origin, sex, sexual orientation, age, religion, era veteran status, or the presence of any 21. ADMINISTRATION/DISPOSAL OF PROPERTY: This Agreement is executed in accordance with the authority of Chapter 39.34 RCW, the Interlocal Cooperation Act. Pursuant to the provisions of RCW 39.34.030, the Kitsap County Sheriff shall be responsible for administering the confinement of prisoners hereunder. No real or personal property will be jointly acquired by the parties under this Agreement. All property owned by each of the patties shall remain its sole property to hold and dispose of in its sole discretion. 22. WAIVER OF RIGHTS: No waiver of any right under this Agreement shall be effective unless made in writing by an authorized representative of the party to be bound thereby. Failure to insist upon full performance on any occasion shall not constitute consent to or waiver of any continuation of nonperformance or any later nonperformance; nor does payment of a billing or continued performance, after notice of a deficiency in performance, constitutes acquiescence thereto. 23. TERMINATION: This Agreement may be terminated prior to expiration by written notice from either party delivered by regular mail to the contact person at address set forth herein. Termination by said notice shall become effective one hundred twenty (120) days after receipt of such notice. The notice shall set forth the reason the party wishes to terminate the Agreement and the specific plan for accommodating the affected prisoners, if any. Page 1 1 of 13 24. WAIVER OF ARBITRATION RIGHTS: Both parties acknowledge and agree that they are familiar with the provisions of RCW 39.34.180(3), as now in effect, and that of their own free will they hereby expressly waive any and all rights under RCW 39.34.180(3), as now in effect or as hereinafter amended, to arbitrate the level of compensation for incarceration services charged under this Agreement, or any renewal thereof, that either party may posses. The parties further agree that such level of compensation and all other issues related to the purpose of this Agreement will only be as agreed to herein or as otherwise agreed to in a writing executed by the parties. 25. DURATION: This term of this Agreement shall be from January 1, 2010 through December 31, 2012 unless another date is substituted pursuant to Section 26 or the agreement is terminated earlier pursuant to Section 23. Nothing in this Agreement shall be construed to make it necessary for the Contracting Agency to continuously house prisoners with the County. 26. MODIFICATION: This Agreement may only be modified by written instrument signed by both Parties. 27. GOVERNING LAWNENUE: The parties hereto agree that, except where expressly otherwise provided, the laws and administrative rules and regulations of the State of Washington shall govern in any matter relating to this Agreement and to a prisoner's confinement under this Agreement. This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington and in the event of dispute; the venue for any action brought hereunder shall be in Kitsap County Superior Court, 28. MISCELLANEOUS: In providing these services to the Contract Agency, the County is an independent contractor and neither its officers, agents, nor employees are employees of the Contract Agency for any purpose including responsibility for any federal or state tax, industrial insurance or Social Security liability. No provision of services under this Agreement shall give rise to any claim of career service or civil service right, which may accrue to an employee of the Contract Agency under any applicable law, rule, or regulation. 29. SEVERABILITY: If any provision of this contract shall be held invalid, the remainder of this contract shall not be affected thereby if such remainder would then continue to serve the purposes and objectives of both parties. Page 12 of 13 30. NO THIRD PARTY BENEFICIARY: Nothing contained in this Agreement shall be construed to create a liability or a right of indemnification by any third party. DATED this day of , 2010.DATED this day of , 2010. CITY OF PORT ORCHARD KITSAP COUNTY SHERIFF'S OFFICE Lary Coppola Mayor ATTEST: Patricia J. Kirkpatrick, CMC City Clerk ATTEST: Opal Robertson, Clerk of the Board Ned Newlin Chief of Corrections BOARD OF COUNTY COMMISSIONERS KITSAP COUNTY, WASHINGTON JOSH BROWN, Chair STEVE BAUER, Commissioner CHARLOTTE GARRIDO, Commissioner Page 13 of 13 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (36o) 895-9029 Agenda Staff Report Agenda Item No. Consent Agenda 4F Subject: Approval of Contract Nos. C032-10 and C033-1o, Authorizing the Mayor to Execute Real Property Lease Agreements with South Kitsap Western Little League and South Kitsap Pee Wee Association Meeting Date: Prepared by: Atty Routing No April 27, 2010 Gregory A. Jacoby City Attorney 020-10 Atty Review Date: April 20, 2010 Summary: The current lease agreements for use of the Givens ball fields expire on April 30, 2010. As directed by Council and with guidance from the Public Property Committee, staff has prepared two new leases. The South Kitsap Pee Wee Association will lease Givens Fields 1 and 2. The South Kitsap Western Little League will lease Givens Fields 1, 2, and 3. The lease terms are 5 years and the annual lease payments are $1. The leases incorporate the Council's comments from the April 20, 2010, work study session. Recommendation: Staff has no recommendation. Motion for consideration: I move to authorize the Mayor to execute the real property lease agreement between the City and South Kitsap Western Little League, Contract No. C032-1o, and the real property lease agreement between the City and South Kitsap Pee Wee Association, Contract No. C033-10. Fiscal Impact: Annual lease payments of $1. Alternatives: Modify the lease terms. Decline to lease the ball fields. Attachments: South Kitsap Western Little League Lease South Kitsap Pee Wee Association Lease City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 REAL PROPERTY LEASE AGREEMENT City Contract No. C032-10 LESSOR: CITY OF PORT ORCHARD, a municipal corporation LESSEE: SOUTH KTTSAP WESTERN LITTLE LEAGUE, INC., a nonprofit corporation LEGAL DESCRIPTION: NE1/4 Sec. 35, T. 24 N, R lE Complete legal description is below ASSESSOR'S TAX PARCEL ID#: Portion of tax parcel #4046-003 -00 1 -0001 This Lease is made and entered into by and between the CITY OF PORT ORCHARD, a municipal corporation organized and existing under the laws of the State of Washington, herein referred to as Lessor or the City, and the SOUTH KITSAP WESTERN LITTLE LEAGUE, INC., a nonprofit corporation, herein referred to as Lessee. Section 1 - PREMISES For and in consideration of the mutual covenants hereinafter contained, Lessor does hereby agree to lease, let and demise unto the Lessee the fields legally described below: Givens Field 1: Those portions of Lots 1 to 24, Block 4, which lie easterly of the extension of the center line of Cline Avenue with said lots, and those portions of Lots 1 to 24, Block 5, and Lots 1 to 24, Block 6, all of which lie north of the chain link fence or line formed as an extension of the chain link fence which defines the 1 of 7 northerly boundary of the Little League Playfield, from its intersection with the line formed by an extension of the centerline of Cline Avenue on the west, to its intersection with the line formed by the extension of the centerline of Austin Avenue on the east. Portion APN 4046-003-001-0001 Givens Field 2: Those portions of Lots 1 to 24, Block 3, and Lots 1 to 24, Block 4, which lie south of the chain link fence or line formed as an extension of the fence which defines the northerly boundary of the Little League Playfield, from its intersection with the line formed by an extension of the centerline of Cline Avenue on the west, to its intersection with the line formed by the extension of the centerline of Portland Avenue on the east. Portion APN 4046-003-001-0001 Givens Field 3: That portion of Lots 1 to 24, Block 5, and Lots 1 to 24, Block 6, which lie south of the fence or line formed as an extension of the fence which defines the northerly boundary of the Little League Playfield, from its intersection with the line formed by an extension of the centerline of Portland Avenue on the west, to its intersection with the line formed by the extension of the centerline of Austin Avenue on the east. Portion APN 4046-003-001-0001 Section 2 - TERM The term of the lease shall be for five (5) years commencing on May 1, 2010 and ending on April 30, 2015 if not sooner terminated in the manner provided in Section 5 or 8. The parties shall have a mutual option to renew this lease for an additional five (5) year term under the same terms and conditions or such other terms and conditions as the parties then agree upon, provided, written notice to renew the lease term must be given no sooner than 6 months, nor later- than 90 days before the expiration of the lease term. Section 3 - RENT The rent shall be One Dollar ($1.00) per year payable in full without deduction or offset, to the Clerk of the City of Port Orchard on or before May 1 of each year during this lease. The annual rent of $1.00 is in addition to the cost incurred by the Lessee in the maintenance and improvements of the premises which contribute to the increased value of the Lessor's 2of7 property. Additional consideration is the community benefit that Lessee provides by organizing and administering youth athletics programs on the premises. Section 4 - CONDITIONS OF USE A. It is understood and agreed between the parties that the Lessee shall not utilize the premises other than for organizing and administering youth athletics programs. B. Lessee shall not sublease or rent any portion of the above -described real property without the prior written consent of Lessor, and consent to a sub -lease or rental agreement shall not be deemed to be consent to any subsequent sub -lease or rental agreement. C. Lessee agrees to maintain the above -described real property during the term of this lease and shall be responsible for the maintenance and upkeep of said area at all times, including but not limited to grass, infield surfaces, fences, seating, buildings, poles, lighting and other utilities and shall be responsible for maintaining said area in an orderly state and sanitary condition. It is further understood and agreed between the parties that the Lessee shall not commence any new construction or improvements to the premises without first obtaining written consent from the Lessor, as defined in Section 7 of this lease, and securing the required permits from all appropriate agencies. The cost of said improvements and permits shall be borne by the Lessee. Subject to the terms and conditions of this lease, Lessee shall be the only tenant with rights to conduct improvements to Givens Field 3, but shall cooperate and coordinate with the South Kitsap Pee Wee Association with respect to any improvements to Givens Field 1 and Givens Field 2. Upon termination of this lease, all newly constructed buildings, structures, foundations, and/or improvements, including but not limited to lighting and poles, fences, and seating shall become property of the Lessor. D. Lessee acknowledges that the portion of the premises described in this lease as Givens Field 1 and Givens Field 2 is subject to an overlapping lease with the South Kitsap Pee Wee Association. Lessee shall have sole possession of Givens Field 1 and Givens Field 2 from January 15 through July 14 during the term of this lease. The South Kitsap Pee Wee Association shall have sole possession of Givens Field 1 and Givens Field 2 from July 15 through January 14 during the term of this lease. Lessee shall be responsible for appropriately storing personal property on or before July 14 of each calendar year. Lessee agrees to remove the first and second base anchors from Givens Field i and Givens Field 2 on or before July 14 of each calendar year, if necessary to avoid possible injury when the fields are used by the South Kitsap Pee Wee Association. Lessee and the South Kitsap Pee Wee Association shall coordinate the use and annual transfer of possession of Givens Field 1 and Givens Field 2 in a manner that is respectful of the purpose and intent of both organizations. E. Lessee and the South Kitsap Pee Wee Association shall coordinate the use and/or maintenance of or improvement to Givens Field 1 and Givens Field 2 in a manner that is respectful of the purpose and intent of both organizations. Specifically, Lessee agrees to 3of7 cooperate with the South Kitsap Pee Wee Association in the scheduling and performance of reseeding and top dressing for Givens Field 1. F. Any dispute between Lessee and the South Kitsap Pee Wee Association regarding the coordinated use and/or maintenance of or improvements to the premises shall be referred to the Mayor of Port Orchard, The Mayor's decision shall be a final resolution of any such dispute. Section 5 - ABANDONMENT OF PREMISES Lessee shall not vacate or abandon the premises during the term hereof except upon thirty (30) days written notice sent by certified mail to Lessor. If Lessee shall abandon, vacate, surrender or be dispossessed by process of law of said premises, all yearly rent remaining to be paid Lessor as required under the terms of Section 3 of this Lease shall be immediately due and payable to Lessor. Section 6 - INDEMNIFICATION; INSURANCE. A. Lessor, its officers, elected officials, employees and agents, shall not be liable for any loss, damage or injury of any kind or character to any person or property arising from any use of the leased premises or any part thereof, or caused by and/or arising from any act or omission of Lessee or any of its agents, employees, licensees or invitees or by or from any accident on the leased premises or any fire or other casualty thereon or occasioned by the failure of Lessee to maintain said premises or to cause the same to be maintained in a safe condition or by a nuisance made or suffered thereon, or arising from any other cause whatsoever; and Lessee, as a material part of the consideration of this lease, hereby waives on its behalf all claims and demands against Lessor and hereby indemnifies and agrees to defend and hold Lessor, its officers, elected officials, employees and agents, entirely free and harmless from all liability for damages and costs of other persons for any such loss, damage or injury, together with all costs, reasonable attorney's fees and expenses arising therefrom. B. Lessee shall procure and maintain during the lease term a commercial general liability policy against claims for injuries to persons or damage to property that may arise from or in connection with Lessee's use of the leased premises. Said policy shall have insurance limits no less than $1,000,000 each occurrence and $2,000,000 general aggregate. Said policy shall be endorsed to name the City as an additional insured and to state that coverage shall not be cancelled unless Lessor has received thirty (30) days written notice by certified mail, return receipt requested. Section 7 - ASSIGNMENT Lessee shall not assign or transfer this lease or any interest therein, without the prior written consent of Lessor, and consent to an assignment shall not be deemed to be consent to any subsequent assignment. Written consent of Lessor shall mean a majority of the City Council 4of7 members of the City of Port Orchard signing a letter of "assignment authorization" to be filed with the Clerk of the City Council. Any such assignments without such consent shall be void, and shall at the option of the Lessor, terminate with this lease. Section S - DEFAULT In the event the Lessee shall fail to keep and perform any of the covenants and agreements herein contained including the payment of rent, Lessor may terminate this lease by giving written notice to Lessee. Lessee shall not be deemed to be in default of the covenants and agreements hereunder unless Lessor shall first give to Lessee five (5) days written notice of such default and Lessee fails to cure such default(s) within such five (5) day period. In the event of any such lease termination Lessor, in addition to the other rights and remedies it may have, shall have the immediate right of re-entry and may remove all person and property from the premises. Section 9 - WAIVER Lessor's waiver of one or more covenants or conditions shall not be construed as a waiver of a subsequent breach of the same or other covenants or conditions. Section 10 - PARTIES BOUND The covenants and conditions herein contained shall, subject to the provisions as to assignment and transfer, apply to and bind the heirs, successors, executors, administrators, and assigns of all the parties hereto. Section 11 - LESSOR'S RESERVATION Lessor reserves the right, without liability to Lessee, to inspect the premises at reasonable times, upon reasonable notice, and without unreasonable interference to Lessee's activities on the premises. Section 12 - ENTIRE AGREEMENT This lease sets forth the entire agreement between the parties and it shall not be modified in any manner except by an instrument in writing executed by the parties. Section 13 - JURISDICTION, VENUE AND ATTORNEY FEES Any action for claims arising out of or relating to this Lease shall be governed by the laws of the State of Washington. Venue shall be in Kitsap County Superior Court. In any suit or action instituted to enforce any right or obligation granted in this Agreement, the substantially 5of7 prevailing party shall be entitled to recover its costs, disbursements, and reasonable attorney's fees from the other party. IN WITNESS WHEREOF, the parties hereto have signed and sealed this lease the —day of 2010. LESSOR: City of Port Orchard LESSEE: South Kitsap Western Little League, Inc. By: By: It's: It's: STATE OF WASHINGTON ) ss. County of Kitsap ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath, stated that he/she was authorized to execute the instrument and acknowledged it as the Mayor of the City of Port Orchard to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED: NOTARY PUBLIC Print Name: My appointment expires: STATE OF WASHINGTON ) ss. County of Kitsap ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath, stated that he/she was authorized to execute the instrument and acknowledged it as the of the South Kitsap Western Little League, Inc. to be the free and 6of7 voluntary act of such party for the uses and purposes mentioned in the instrument. DATED: NOTARY PUBLIC Print Name: My appointment expires: 7of7 City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 REAL PROPERTY LEASE AGREEMENT City Contract No. C033-10 LESSOR: CITY OF PORT ORCHARD, a municipal corporation LESSEE: SOUTH KITSAP PEE WEE ASSOCIATION LEGAL DESCRIPTION: NEIA Sec. 35, T. 24 N, R lE Complete legal description is below ASSESSOR'S TAX PARCEL ID#: Portion of tax parcel #4046-003-001-0001 This Lease is made and entered into by and between the CITY OF PORT ORCHARD, a municipal corporation organized and existing under the laws of the State of Washington, herein referred to as Lessor or the City, and the SOUTH KITSAP PEE WEE ASSOCIATION, herein referred to as Lessee. Section 1 - PREMISES For and in consideration of the mutual covenants hereinafter contained, Lessor does hereby agree to lease, let and demise unto the Lessee the fields legally described below: Givens Field l: Those portions of Lots I to 24, Block 4, which lie easterly of the extension of the center line of Cline Avenue with said lots, and those portions of Lots 1 to 24, Block 5, and Lots 1 to 24, Block 6, all of which lie north of the chain link fence or line formed as an extension of the chain link fence which defines the 1 of 6 northerly boundary of the Little League Playfield, from its intersection with the Iine formed by an extension of the centerline of Cline Avenue on the west, to its intersection with the line formed by the extension of the centerline of Austin Avenue on the east. Portion APN 4046-003-001-0001 Givens Field 2: Those portions of Lots 1 to 24, Block 3, and Lots 1 to 24, Block 4, which lie south of the chain link fence or line formed as an extension of the fence which defines the northerly boundary of the Little League Playfield, from its intersection with the line formed by an extension of the centerline of Cline Avenue on the west, to its intersection with the line formed by the extension of the centerline of Portland Avenue on the east. Portion APN 4046-003-001-0001 Section 2 - TERM The term of the lease shall be for five (5) years commencing on May 1, 2010 and ending on April 30, 2015 if not sooner terminated in the manner provided in Section 5 or 8. The parties shall have a mutual option to renew this lease for an additional five (5) year term under the same terms and conditions or such other terms and conditions as the parties then agree upon, provided, written notice to renew the lease term must be given no sooner than 6 months, nor later than 90 days before the expiration of the lease term. Section 3 - RENT The rent shall be One Dollar ($1.00) per year payable in full without deduction or offset, to the Clerk of the City of Port Orchard on or before May 1 of each year during this lease. The annual rent of $1.00 is in addition to the cost incurred by the Lessee in the maintenance and improvements of the premises which contribute to the increased value of the Lessor's property. Additional consideration is the community benefit that Lessee provides by organizing and administering youth athletics programs on the premises. Section 4 - CONDITIONS OF USE A. It is understood and agreed between the parties that the Lessee shall not utilize the premises other than for organizing and administering youth athletics programs. B. Lessee shall not sublease or rent any portion of the above -described real property without the prior written consent of Lessor, and consent to a sub -lease or rental agreement shall not be deemed to be consent to any subsequent sub -lease or rental agreement. 2of6 C. Lessee agrees to maintain the above -described real property during the term of this lease and shall be responsible for the maintenance and upkeep of said area at all times, including but not limited to grass, infield surfaces, fences, seating, buildings, poles, lighting and other utilities and shall be responsible for maintaining said area in an orderly state and sanitary condition. It is further understood and agreed between the parties that the Lessee shall not commence any new construction or improvements to the premises without first obtaining written consent from the Lessor, as defined in Section 7 of this lease, and securing the required permits from all appropriate agencies. The cost of said improvements and permits shall be borne by the Lessee. Subject to the terms and conditions of this lease, Lessee shall cooperate and coordinate with the South Kitsap Western Little League, Inc., with respect to any improvements to Givens Field 1 and Givens Field 2. Upon termination of this lease, all newly constructed buildings, structures, foundations, and/or improvements, including but not limited to lighting and poles, fences, and seating shall become property of the Lessor. D. Lessee acknowledges that the premises described in this lease as Givens Field 1 and Givens Field 2 are subject to an overlapping lease with the South Kitsap Western Little League, Inc. Lessee shall have sole possession of Givens Field 1 and Givens Field 2 from July 15 through January 14 during the term of this lease. The South Kitsap Western Little League, Inc. shall have sole possession of Givens Field I and Givens Field 2 from January 15 through July 14 during the term of this lease. Lessee shall be responsible for appropriately storing personal property on or before January 14 of each calendar year. Lessee and the South Kitsap Western Little League, Inc. shall coordinate the use and annual transfer of possession of Givens Field 1 and Givens Field 2 in a manner that is respectful of the purpose and intent of both organizations. E. Lessee and the South Kitsap Western Little League, Inc. shall coordinate the use and/or maintenance of or improvement to Givens Field 1 and Givens Field 2 in a manner that is respectful of the purpose and intent of both organizations. Specifically, Lessee agrees to cooperate with the South Kitsap Western Little League, Inc. in the scheduling and performance of reseeding and top dressing for Givens Field 1. F. Any dispute between Lessee and the South Kitsap Western Little League, Inc. regarding the coordinated use and/or maintenance of or improvements to the premises shall be referred to the Mayor of Port Orchard, The Mayor's decision shall be a final resolution of any such dispute. Section 5 • ABANDONMENT OF PREMISES Lessee shall not vacate or abandon the premises during the term hereof except upon thirty (30) days written notice sent by certified mail to Lessor. If Lessee shall abandon, vacate, surrender or be dispossessed by process of law of said premises, all yearly rent remaining to be paid Lessor as required under the terms of Section 3 of this Lease shall be immediately due and payable to Lessor. 3of6 Section 6 - INDEMNIFICATION; INSURANCE. A. Lessor, its officers, elected officials, employees and agents, shall not be liable for any loss, damage or injury of any kind or character to any person or property arising from any use of the leased premises or any part thereof, or caused by and/or arising from any act or omission of Lessee or any of its agents, employees, licensees or invitees or by or from any accident on the leased premises or any fire or other casualty thereon or occasioned by the failure of Lessee to maintain said premises or to cause the same to be maintained in a safe condition or by a nuisance made or suffered thereon, or arising from any other cause whatsoever; and Lessee, as a material part of the consideration of this lease, hereby waives on its behalf all claims and demands against Lessor and hereby indemnifies and agrees to defend and hold Lessor, its officers, elected officials, employees and agents, entirely free and harmless from all liability for damages and costs of other persons for any such loss, damage or injury, together with all costs, reasonable attorney's fees and expenses arising therefrom. B. Lessee shall procure and maintain during the lease term a commercial general liability policy against claims for injuries to persons or damage to property that may arise from or in connection with Lessee's use of the leased premises. Said policy shall have insurance limits no less than $1,000,000 each occurrence and $2,000,000 general aggregate. Said policy shall be endorsed to name the City as an additional insured and to state that coverage shall not be cancelled unless Lessor has received thirty (30) days written notice by certified mail, return receipt requested. Section 7 - ASSIGNMENT Lessee shall not assign or transfer this lease or any interest therein, without the prior written consent of Lessor, and consent to an assignment shall not be deemed to be consent to any subsequent assignment. Written consent of Lessor shall mean a majority of the City Council members of the City of Port Orchard signing a letter of "assignment authorization" to be filed with the Clerk of the City Council. Any such assignments without such consent shall be void, and shall at the option of the Lessor, terminate with this lease. Section S - DEFAULT In the event the Lessee shall fail to keep and perform any of the covenants and agreements herein contained including the payment of rent, Lessor may terminate this lease by giving written notice to Lessee. Lessee shall not be deemed to be in default of the covenants and agreements hereunder unless Lessor shall first give to Lessee five (5) days written notice of such default and Lessee fails to cure such default(s) within such five (5) day period. In the event of any such lease termination Lessor, in addition to the other rights and remedies it may have, shall have the immediate right of re-entry and may remove all person and property from the premises. 4of6 Section 9 - WAIVER Lessor's waiver of one or more covenants or conditions shall not be construed as a waiver of a subsequent breach of the same or other covenants or conditions. Section 10 - PARTIES BOUND The covenants and conditions herein contained shall, subject to the provisions as to assignment and transfer, apply to and bind the heirs, successors, executors, administrators, and assigns of all the parties hereto. Section 11 - LESSOR'S RESERVATION Lessor reserves the right, without liability to Lessee, to inspect the premises at reasonable times, upon reasonable notice, and without unreasonable interference to Lessee's activities on the premises. Section 12 - ENTIRE AGREEMENT This lease sets forth the entire agreement between the parties and it shall not be modified in any manner except by an instrument in writing executed by the parties. Section 13 - JURISDICTION, VENUE AND ATTORNEY FEES Any action for claims arising out of or relating to this Lease shall be governed by the laws of the State of Washington. Venue shall be in Kitsap County Superior Court. In any suit or action instituted to enforce any right or obligation granted in this Agreement, the substantially prevailing party shall be entitled to recover its costs, disbursements, and reasonable attorney's fees from the other party. [SIGNATURE PAGE FOLLOWS] 5 of 6 IN WITNESS WHEREOF, the parties hereto have signed and sealed this lease the _day of 2010. LESSOR: City of Port Orchard LESSEE: South Kitsap Pee Wee Association By: By: It's: It's: STATE OF WASHINGTON ) ss. County of Kitsap ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath, stated that he/she was authorized to execute the instrument and acknowledged it as the Mayor of the City of Port Orchard to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED: NOTARY PUBLIC Print Name: My appointment expires: STATE OF WASHINGTON ) ss. County of Kitsap } I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath, stated that he/she was authorized to execute the instrument and acknowledged it as the of the South Kitsap Pee Wee Association to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED: NOTARY PUBLIC Print Name: My appointment expires: _ M • s City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (36o) 876-4407 • FAX (36o) 895-9029 Aizenda Staff Report Agenda Item No. Business Item 7B Meeting Date: Aril 27, 2010 Subject: Adoption of Resolution No. o1g-io, Prepared by: Andrea Archer, P.E. Authorizing the Purchase of a 2olo Assistant City Engineer Ford Escape for the Storm Drainage Atty Routing No: NA Utilily from Bay Ford Atty Review Date: NA Summary: On March 23rd Staff presented a request to purchase a 2olo Ford Escape XLS from the State Bid List for the Storm Drainage Utility. Staff was directed by Council to use the formal bid process to seek bids for a hybrid vehicle. Staff used the formal bid process to secure bids for a hybrid small sport utility vehicle (SUV) and a non -hybrid SW. Bids were opened on April 21st and the results were as follows, (includes sales tax): Bid received from (Vehicle Information): Hybrid Vehicle Non -Hybrid Vehicle State Bid List (2010 Ford Escape) $ 1,g 8.51 $19,0.36 Bay Ford $32,156.59 $23,518.65 Bay Ford proposed a 2olo Ford Escape U5K 4WD Hybrid or a 2010 Ford Escape U9D 4WD XLT. The City budgeted $26,000 in the 2010 budget for this vehicle. If the bid proposal selection comes in over the $26,000, then a budget amendment will be required. Recommendation: Staff recommends adopting Resolution No. oig-io, authorizing the purchase of a 2oio Ford Escape XLT with the Four Wheel Drive Option from Bay Ford including sales tax, licensing, and recording fees in an amount not to exceed $26,000, from the 2010 Storm Drain Utility Fund. Motion for consideration: I move to adopt Resolution No. oig-1o, authorizing the purchase of a 2010 Ford Escape XLT with the Four Wheel Drive Option from Bay Ford including sales tax, licensing, and recording fees in an amount not to exceed $26,000, from the 2010 Storm Drain Utility Fund. Fiscal impact: Budgeted item. Alternatives: Purchase the Hybrid Vehicle and authorize the City Treasurer do a budget amendment in the Storm Drainage Utility Budget. Attachments: Resolution No. o1g-10 Bay Ford Bid — 2olo Ford Escape XLT State Bid — 2olo Ford Escape XLS Introduced by: Requested by: Drafted by: Introduced: Adopted: RESOLUTION NO. oig-lo Mark R. Dorsey, P.E. Mark R. Dorsey, P.E. Andrea Archer, P.E. April 27, 2010 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, FOR THE PURCHASE OF A 2010 FORD ESCAPE FOR THE STORM DRAINAGE UTILITY FROM BAY FORD WHEREAS, the Public Works Department reviewed the Utility's needs, and determined that a small utility vehicle would be the best fit; and WHEREAS, the Public Works Department reviewed the State Bid List which revealed that the only small utility vehicles available through this avenue were a 2010 Ford Escape XLS or a 2010 Ford Escape HEV hybrid; and WHEREAS, on March 23, 2010, staff brought forward a request to purchase the vehicle from the State Bid List and was directed by Council at that meeting to use a formal bid process to seek bids; and WHEREAS, formal bids were opened on April 21, 2010, with Bay Ford being the only bid; and WHEREAS, the Public Works Department finds the bid amount to be within the funding allocated in the 2010 City of Port Orchard Storm Drainage Utility operating budget; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: Council adopt Resolution No. 019-10, authorizing the purchase of a 2010 Ford Escape XLT with the Four Wheel Drive Option from Bay Ford including sales tax, licensing and recording fees in an amount not to exceed $26,000, from the 2010 Storm Drainage Utility Fund. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the Clerk in authentication of such passage this 27th day of April 2010. Lary Coppola, Mayor ATTEST: Patricia J. Kirkpatrick, CMC, City Clerk City of Port Orchard Bid No. PWO01-10 Storm Drainage Vehicle BID SUBMITTAL SHEET The City reserves the right to award the contract for either Schedule A or Schedule B. The bidder has the option to bid on either schedule or both and shall not be disqualified if only one schedule is bid upon. Having carefully examined the Invitation to Bid for Schedule A — Hybrid Vehicle and Schedule B — Non -Hybrid Vehicle for the Storm Drainage Vehicle prepared by the City of Port Orchard, the undersigned proposes to sell the vehicle listed below and related equipment described in the Invitation to Bid for the following amount: Schedule A — Hybrid Vehicle: �r W KI +� � I Year, Make and Model: 2 Ql �5 b�G� z �U Cy�l�, �)xt A Base Bid: Storm Drainage Vehicle Wash. St. Sales Tax TOTAL $ Z, LZ J y Please attach a copy of the vehicles specifications and standard and optional equipment included in the bid. uqli "1v ca Vehicle Delivery Date (calendar days): 90 �IZ� List the number of consecutive calendar days it will take to deliver the vehicle. Schedule B — Non -Hybrid Vehicle: Year, Make and Model: 1010 � E�, Base Bid: Storm Drainage Vehicle Wash. St. Sales Tax TOTAL $ 2 �_ 1,gZZ.t0 Please attach a copy of the vehicles specifications and standard and optional equipment included in the bid. -"k- L- s-t' cyln lC) Vehicle Delivery Date (calendar days): q()-I2C) List the number of consecutive calendar days it will take to deliver the vehicle. Do you certify that you are not on the Comptroller General's list of ineligible contractors nor the list of parties excluded from Federal procurement or nonprocurement programs? Yes o No ❑ The undersigned hereby accepts the terms and conditions as set forth herein. This must be signed and dated by the bidder or a representative legally authorized to bind the bidder. r-^ FULL LEGAL NAME OF BIDDER TYPE OF BUSINESS Ntorporation []Partnership (general) []Partnership (limited) []Sole Proprietorship []Limited Liability Company ADDRESS: Z1j , S�i CITYISTATEIZIP: Oct olzu W(-A LEA EMAIL ADDRESS: PHONE-3%CL� is-7L,— 4FAX: NAME (PLEASE PRINT): TITLE: SIGNE DATE: CITY OF PORT ORCHARD BUSINESS LICENSE NUMBER-�OUDa"t UBI NUMBER l - S41— Prepared By; Ross Wood 1 Bay Ford Inc 1215 Bay St Port Orchard, WA 98366 Phone: (360) 509-1718 Pax: (360) 874-8607 Email: rossw@bayford.com 2010 Ford Escape U9D 4WD 4dr XLT Prepared BY: Ross Woad / Elay Ford Inc 1215 Bay St Port Orchard, WA 98366 Phone: (360) 509-1718 Fax: (360) 874-8607 Email: rossw@bayford.com • VEHICLE REPORT Price Component Base Price Total Options Vehicle Subtotal Advert/Adjustments Destination Charge 2010 Ford Escape 2010 Ford Escape U9D 4WD 4dr XLT MSRP $25, 795.00 $f,385.00 $27,180.00 $0.00 $725.00 TOTAL VEHICLE $27,905.00 Prepared BY: Ross Wood 16ay Ford Inc 1215 Bay St Port Orchard, WA 98366 Phone: (360) 509-1718 Fax: (300) 874-8607 Email: rossw@bayford.com 2010 Ford Escape • VEHICLE REPORT 20IGFordEscape U9D4WD 4drxLT Code Description MSRP U9D 2010 Ford Escape 4WD 4drXLT $25, 795.00 SELECTED VFHICLF COLORS Code Description Interior: Stone Exterior 1: Whife Suede Exterior 2: No color has been selected. Code Description MSRP EMISSIONS 425 50 STATE EMISSIONS $0 00 ENGINE 99G 3.OL V6 FLEX FUEL ENGINE (REQ: 425 50 State Emissions) $1, 000.00 TRANSMISSION 446 6-SPEED AUTOMATIC TRANSMISSION W/OD (STD) $0.00 SERIES ORDER CODE 201A 201A RAPID SPEC ORDER CODE -inc: cargo area cover, roof rack w/cross bars, wet trunk $295.00 bin TIRES T63 P23WOR16 ALL -SEASON OWL TIRES (STD) $0.00 PAINT WS WHITE SUEDE $0,00 PAINT SCHEME STANDARD PAINT $0.00 SEAT TRIM WS STONE, PREMIUM ECO-FRIENDLY CLOTH BUCKET SEATS $0.00 ADDITIONAL EQUIPMENT Prepared By: Ross Wood / Bay Ford Inc 1215 Bay St Port Orchard, WA 98366 Phone: (360) 509-1718 Fax: (360)874-8607 Email: rossw@bayford.com • VEHICLE REPORT SELECTED OPTIONS 2010 Ford Escape 2010 Ford Escape 119D 4WD 4dr XLY Code Description MS1tP 50Q CARGO AREA PROTECTOR $90.00 B4A NET INVOICE FLEET OPTION $0.00 BID ASSISTANCE OPTIONS TOTAL $0.00 $1,385.00 Prepared By: Ross Wood I Bay Ford Inc 1215 Bay St Port Orchard, WA 98366 Phone: (360) 509-1718 Fax: (360) 874-8607 Email: rossw@bayford.com • VEHICLE REPORT Mechanical 2.5L 14 Duratec engine 6-speed automatic transmission w10D ' 4-wheel drive Battery saver feature Electric pwr assisted steering (SPAS) Front disclrear drum brakes ' Wheel nut wrench & jack Exterior ' P23517OR16 all -season OWL tires 16' aluminum wheels Spare tire, mini space saver Roof rack rails Body color front/rear fascias Chrome grille wAower body color • Autolamp headlamps Fog tamps • Black pwr exterior mirrors -inc: integrated blind spot mirror *Late Availability' Privacy glass Variable intermittent windshield wipers Rear 2-speed wiper w1washer Black door trandles Body color liRgate Entertainment AM1FM stereo w1CD player -inc: MP3, input jack, speed sensitive volume, (4) speakers SIRIUS satellite radio -inc: 6-month subscription NIA in AK or HI* 2010 Ford Escape 2010 Ford Escape U9D 4WD 4dr XLT Prepared Byy: Ross Wood I Ray Ford Inc 1215 Bay St Port Orchard, WA 98366 Phone: (360) 509-1718 Fax: (360) 874-8607 Email: rossw@bayford.com REPORT STANDARD EOUIPDENT Interior Premium eco-friendly cloth front bucket seats -inc: 6-way pwr driver seat 2nd row 60140 split bench seat -inc: tip -fold -Rat latch All -position head restraints Black center slack Floor console -inc: storage bin, removable interior bin, (4) cup holders, Front/rear floor mats Leather -wrapped tilt steering wheel w/speed controls & audio controls Instrument cluster -inc: message center w/compass, outside temp display Ice blue illuminated gauge cluster Pwr windows w/1-touch driver down Pwr locks Remote keyless entry SecuriCode keyless entry keypad SecuriLock passive anti -theft system (PA TS) Manual air conditioning ' Rear window defroster Pwr points -inc: (1) 1st row, (1) 2nd row Driver & front passenger side map pockets Electrochromic rearview mirror w/microphone Overhead console Sunvisors w/dual illuminated mirrors Lighting -inc: center dome lamp, map lights, rear cargo area light Illuminated entry Chrome shift knob 2010 Ford Escape 2010 Ford Escape U90 4WD 4dr XLT Prepared By: Ross Wood I Bay Ford Inc 1215 Bay St Port Orchard, WA 98366 Phone: (360) 509-1718 Fax: (360) 874-8607 Email: rossw@baytord.com • VEHICLE REPORT STANDARD FOUIPMENT 2nd row coat hook Safety 2010 Ford Esca e 2010 Ford Esc" UBD 4WD 4dr XLi 4-wheel anti -lock brakes AdvanceTrac w/roll stability control (RSQ Dual stage driver & front passenger airbags -inc: front passenger occupancy sensor Side airbags Safety Canopy Personal Safety System All -position 3-point seat belts MyKey system -inc: top speed limiter, audio volume limiter, early low fuel warning, programmable sound chimes, Beltmider w/audio mute ' Rear outboard LATCH child seat anchors & tethers Child safety rear door locks ' Tire pressure monitoring system (TPMS) Current Contract Information Contract No. 04708 Price Sheets Page 1 TO ORDER COMPLETE PRICE SHEETS AND SUBMIT WITH STATE FORM A-ISA PURCHASE REQUISITION TO OFFICE OF STATE PROCUREMENT BEFORE MARCH 31, 2010. ONLINE ORDERS MAY BE PLACED AT hops://fortress.wa.,eov/kaliiret/vehren/vehmenu.htm. TO MINIMIZE PRODUCTION DELAYS ORDER AS EARLYAS POSSIBLE. SMALL LIGHT UTILITY/CROSSOVER VEHICLE VEHICLE TYPE: SMALL LIGHT UTILITY/CROSSOVER VEHICLE TWO WHEEL DRIVE MAKE/MODEL: FORD ESCAPE XLS EQUIPMENT INCLUDED IN NET PRICE - 2.5 liter 4 cylinder gas engine (171 HP) - Air Bags, driver & front passenger, side air cushions w/ rollover - 4 door, 5 passenger seating (cloth reclining sensor & side airbags buckets, front; folding tPlit rear bench) - Dome, Map and Cargo Lights - Full length hardtop, full headliner, carpeted Floor - Electric rear window defroster Covering - Auxiliary Power Points - Automatic overdrive transmission - Dual power side view mirrors, black - Air conditioning - Intermittent Wipers F&R - Light Tinted glass, all around - All factory standard equipment including: - P23517OR16 all season steel belted radial tires (1) Cruise Control - Compact spare tire & wheel, underbody mounted Electronic Stability Control System - Power Brakes, 4 Wheel Antilock System Tire Pressure Monitoring System - Power Steering Power Door Locks, Windows & Mirrors - AM/FM Stereo w/CD & MP3 Trip, Temp, Tachometer Gauges - Four Sets of Coded Keys Tilt Steering Wheel - Remote Keyless Entry w/Two Key Fobs Height Adjustable Front Seat Belts w/Integrated Keys Plus Two Separate Keys F&R Stabilizer Bar CA Emission Certification LEV2/ULEV2 Child Safety Rear Door Locks Gas Mileage City 22 MPG Hwy 28 MPG Washer/wiper rear window Mercury Free Vehicle 2.93:1 Final drive We ratio as equipped Lead Free Wheel Weights 3 yr/36,000 mile warranty, Bumper to Bumper, NHTSA CRASH TEST RATWG (2009) 5yr/60,000 Mile Drivetrain FRONTAL (D/P) 515 SIDE (FIR) 5/5 ROLLOVER 3 DEALER: Columbia Ford (W403) DEALER CONTACT: Marie Tellinghiusen or Steve Sari 700 7 h Ave PHONE: 360-423-4321 Longview WA 98632 EMAIL ADDRESS: mariet(dcolford.com DELIVERY: 60-120 Days FEDERAL TAX ID NO.: 91-0650166 PAYMENT TERMS: *$200 Per Vehicle Discount for Payment within 20 days of Delivery, Net 30 NET PRICE: (Vehicle equipped as above, delivered to any point within the State of Washington, exclusive of Federal Excise and before 8.2 % Sales Tax Including .3% Vehicle Tax.) COMMODITY CODE VEHICLE DESCRIPTION ORDER PRICE EACH PRICE EXTENSION OTY 2310-062-001 Small Light Utility/Crossover Vehicle (Two $16,492.00 Wheel Drive), 2010 Ford Escape XLS $ (UO2/120A) NO COST EXTERIOR COLORS: INDICATE QUANTITY OF COLOR(S) SELECTED White Suede(WS) ____, Oxford White (YZ) Black (UA)_..___,_, Sterling Grey(U.l) , Sport Blue(Ul), Sangria Red , Steel Blue(UN) , Gold Leaf(UP) , Ingot Silver(UX) Complimentary standard interior color will be selected by Dealer) (1) Tire Chain compatible. COMMODITY OPTIONDESC&PT1ON ORDER PRICEEACH PRICEEXTEN 70N CODE 12TY 2310-062-010 Credit for pickup from Selling Dealer (Orders S(135.00) $ for Eastern WA, Area Code 509) (Deduct)* LR * 2310-062-011 Credit for pickup from Selling Dealer (Orders $(30.00) for Western WA, Area Codes 206, 253, 360, 425) Deduct)* DLR * 2310-062-012 Alternative Engine V6 Gas 3.01, V6 FFV $2,349.00 Flex Fuel & Keyless Entry Keypad (240 HP, 19 MPG City, 25 MPG Hwy)(Includes XLT Trim, Satelite Radio, F & R Carpeted Floor Mats, Fog Lamps, Roof Rack Side Rails, Privacy Glass, Power Driver's Seat) 03AJ93 2310-062-013 Cargo Convenience Group (Cover, Roof stack $336.00 w/Crossbars, hidden Storage)(21R 2310-062-014 Daytime Running Lights 942) $38.00 2310-062-015 Floor Mats F & R, Rubber Set 4 LR * $62.00 2310-062-016 Heater, En ' eBlock 41 $30.00 2310-062-017 Keys, -Set of 2 instead of 4 ELR)*Deduct) $ 20.00 2310-062-018 Mud Fla Plastic Set 4 LR * $80.00 2310-062-019 Nva Glass eluded wNb 924 $234.00 2310-062-020 Remote Keyless Entry, Additional $56.00 Transmitter coded to Vehicle(No key) LR * 2310-062-021 Sparetire, Fullsize (Uniroyal AWP) $234.00 punted CDLR)* 2310.062-022 Spotlight, 6 In, Clear Lens, Pillar Mounted $342.00 Leff (DLR)* 2310.062-023 Stock Vehicle UpCharge, Dealer Stock $250.00 Vehicle with All Contract Required Equipment, Color White, Delivery Within 7 Days When Available PLR)* 2310-062-024 Trailer Towing Package (Includes Class A $293.00 Trailer Hitch Receiver, 4-Pin Connector) Available Ont with V6) (536 2310-062-025 Tires, LT225/75X16D All Terrain, 10 ply $741.00 ratio Set 5PLR)* 2310-062-026 Transmission, 5 Speed Manual (Not avail w/ $(1077.00) V6 or 4 Wheel Drive 02/100A educt) 2310-062-027 Undercoatin LR * $145.00 2310-062-028 Warranty, delayed start Apply online at • $0.00 www.Ford.wsd.com PLR 2310-062-029 Manufacturer To Dealer Order $0.00 Acknowledgment Document Faxed to Customer (DLR)* COMMODITY OPTION DESCRIPTION ORDER PRICE EACH PRICE EXTENSION CODE QTY 21IM62.030 4 Wheel Drive Model, Intelligent Four Wheel $1 110.00 Drive System, (20 mpg City, 26 Hwy w/4cyl 18125 wN6) (State Agencies to Review I Governor's Executive Order 05-01 Prior to Orderin (U921U93) 2310-062-031 Pushbumper, Steel w/horizontal Rubber Push $278.00 Pads Setina PB400)(1nsta.Hed)(DLR)* 2310-062-032 Remote Keyless Entry, Additional Key $113.00 w/Inte ated K FOB (DLR)* 2310-062-033 Fire Extinguisher. 2.5# Dry chemical ABC $33.00 rated 1/mounting bracket, delivered w/vehicle uninstalied. 2310-062-034 Flare Kit, 3 Piece Triangle w/storage box for $33.00 roadside emergency use, delivered w/vehicle, uninsured. 2310-062-035 Service Manual,Paper $204.00 2310-062-036 Service Manual CD $221.00 SUBTOTAL +8.2% SST TOTAL City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (36o) 876-4407 0 FAX (36o) 895-9029 Agenda Staff Report Agenda Item No. Business Item 7C Meeting Date: Subject: Adoption of Ordinance No. oo6-1o, Prepared by: Amending Port Orchard Municipal Code 1o.18 Parking of Boats and Atty Routing No: Recreational Vehicles Atty Review Date: April 27, 2010 Patti Kirkpatrick, CMC _ City Clerk _ NA NA Su _ maiy: At the April 20, 2010, Work Study Session, Council directed staff to bring forward an ordinance amending Port Orchard Municipal Code 1o.18 Parking of boat and recreational vehicles by repealing Section lo.18.040 Exemptions and Section lo.18.05o Review of applications for Exemptions — Conditions; and Adding a new Section 10.18.035 Permits. The new Section will allow for the grandfathering of existing permits to remain in full force and effect until their expiration date. This matter was reviewed by the Public Property Committee at their March 9, 2010, meeting and the Committee recommended this be brought forward for Council discussion and approval. On April 21, 2010, staff sent letters to the current RV Exemption Permit holders notifying them of this item and inviting them to attend the April 27, 2010, Council meeting. Recommendation: Staff recommends adoption of Ordinance No. oo6-1o, amending Port Orchard Municipal Code 1o.18. Motion for consideration: I move to adopt Ordinance No. oo6-io, amending Port Orchard Municipal Code Chapter 1o.18 Parking of Boats and Recreational Vehicles by Repealing Section 1o.18.04o Exemptions; and Section 1o.18.05o Review of Applications for Exemptions — Conditions; and Adding a New Section 10.18.035 Permits. Fiscal Impact: Cost to codify the Ordinance, which is within the City Clerk's 2010 Budget. Alternatives: Not adopt the Ordinance and continue to review RV exemption permits on a case by case basis. Attachments: Ordinance No. oo6-10 3/9/10 Public Property Committee Minutes Introduced by: City Clerk Requested by: City Clerk Drafted by: City Clerk Reviewed by: City Attorney Introduced: April 27, 20i0 Adopted: ORDINANCE NO. oob-io AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDING PORT ORCHARD MUNICIPAL CODE CHAPTER 1o.i8 PARKING OF BOATS AND RECREATIONAL VEHICLES BY REPEALING SECTION 10.18.04o EXEMPTIONS AND SECTION 10.18.05o REVIEW OF APPLICATIONS FOR EXEMPTIONS — CONDITIONS; AND ADDING ANEW SECTION 10.18.035 PERMITS WHEREAS, Port Orchard Municipal Code Chapter 1o.18 regulates the parking of boats, boat trailers, and recreational vehicles in the public rights -of -way; and WHEREAS, on March g, 2010, the Council's Public Property Committee reviewed the existing language in Port Orchard Municipal Code Chapter 1o.i8 relating to parking exemptions for boats, boat trailers, and recreational vehicles; and WHEREAS, the Public Property Committee determined there are businesses that provide storage for boats, boat trailers, and recreational vehicles; and WHEREAS, the Public Property Committee recognized there are several recreational vehicle permits in effect through 2012 and supported "grandfathering" those permits until the expiration of each permit; and WHEREAS, the Public Property Committee recommended that no boats, boat trailers, or recreational vehicles be allowed to park in the public right-of-way; WHEREAS, the City Council finds the public interest is not served by continuing to provide exemptions for the long-term parking of boats, boat trailers, and recreational vehicles in the public rights -of -way; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. Chapter io.18 of the Port Orchard Municipal Code is hereby amended to read as follows: Sections: 1o.18.oio Definitions. Ordinance No.006-10 Page 2 of 2 io.18.o2o Parking of boats and recreational vehicles in the public right-of-way. io.i8.030 Chain parking. 1o.i8.035 Permits. SECTION 2. Port Orchard Municipal Code Section io.18.04o Exemptions is hereby repealed in its entirety. SECTION 3. Port Orchard Municipal Code Section 1o.18.05o Review of Applications for Exemption — Conditions is hereby repealed in its entirety. SECTION 4. A new Section 10.18.035 of the Port Orchard Municipal Code is added to read as follows: 10.18.035 Permits. (1) Permits issued prior to May 1, 2olo, shall remain in full force and effect until their expiration. There will be no extensions of permits issued prior to May i, 2oio. (2) No exemption permits will be issued after May i, 2oio. SECTION 5. This ordinance shall be in full force and effect five (5) days after posting and publication as required by law. A summary of this Ordinance may be published in lieu of the entire ordinance, as authorized by State Law. SECTION 6. Each and every provision of this Ordinance shall be deemed severable. If any provision of this Ordinance should be deemed to be unconstitutional or otherwise contrary to law by a court of competent jurisdiction, then it shall not affect the validity of the remaining sections so long as the intent of the Ordinance can be fulfilled without the illegal section. PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the Clerk in authentication of such passage this 27th day of April 2010. Lary Coppola, Mayor ATTEST: Patricia J. Kirkpatrick, CMC, City Clerk APPROVED AS TO FORM: SPONSORED BY: Gregory A. Jacoby, City Attorney Fred Olin, Councilmember City of Port Orchard Public Property Committee Meeting Minutes Tuesday, March 9, 2010 Present: Chair Fred Olin, Council members, Carolyn Powers & Fred Chang. City Staff present: City Clerk Patti Kirkpatrick, Development Director James Weaver, and Public Works Director Mark Dorsey. Also Present: Councilman John Clauson arrived later in the meeting to provide historical context for an agenda item. Chair Olin called the meeting to order at 7:35 A.M. Annette Stewart regarding Lease of Public Property Development Director, Weaver conveyed to the committee a request from Annette Stewart for a proposal to lease of a site near SW Old Clifton Road, from the City for a coffee stand. Details regarding the specific site or size of the request were unavailable at the time of the meeting. The committee discussed the proposal and indicated that they would be supportive of exploring the proposed development and future associated lease of any required right- of-way or city parcel near the industrial park. The recommendation was for the project to conduct a pre -application meeting with City Staff to identify possible constraints, and to identify required infrastructure or utilities to accommodate the proposal. With the pre - application document and identification of an exact site and size of the area needed, the Public Property committee would then invite the review of a proposed lease for the area at a future meeting. Renaming. reJc pest for Port Orchard Boulevard City Clerk, Kirkpatrick presented a request received by the City to rename Port Orchard Boulevard. The request included a written letter and historical publications citing the contributions to the community that had been made by the family throughout the decades and the importance of honoring local citizens. The committee discussed the proposal and expressed great respect for the request and the local citizens involved. It was noted that Port Orchard Boulevard was a significant roadway and a primary entrance to the downtown. The thoroughfare in particular was named in a manner to assist in way -finding from Tremont Street to downtown Port Orchard and the boulevard name was an important element in assisting in that endeavor. Although the committee members appreciated the request, the committee ultimately decided not to recommend to City Council for any renaming of Port Orchard Boulevard. RV Exemption Permits: The Public Property committee, at their January 26, 2010 meeting, directed City Staff to bring sections of the Port Orchard Municipal Code Chapter 10.18 relating to Parking of Boats and Recreational Vehicles to their meeting for review and possible recommendation for removal. City Clerk Patti Kirkpatrick brought before the committee the applicable code and provided the requested additional information regarding the issued permits, and number of complaints received regarding the exemptions. The Committee supported the removal of the section of code allowing the exemptions. The Committee also discussed the proposal that if the parking exemption code was eliminated to allow existing exemption permits to "grandfather" and continue until the most recent expiration date identified on the permit, at which point they were not intended to be reissued. Staff was directed to bring the item before the City Council work-study meeting regarding the code changes. CADocuments and Settings\pkirkpatrick\Local Settings\Temporary Internet Fifes\Content.Outlook\MXBFWLCX\PUBLIC PROPERTY MEETING Minutes 03-09-10.doc City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (36o) 876-4407 0 FAX (36o) 895-9029 Agenda Staff Re ort Agenda Item No. Business Item 7D Subject: Adoption of Ordinance No.007-10, Requesting an Election on August 17, 201o, Regarding Annexation of the City of Port Orchard into the Kitsap County Rural Library District Meeting Date: April 27, 2010 _ Prepared by: Gregory A. Jacoby City Attorney Atty Routing No: 04 -10 Atty Review Date: April 20, 2010 Summary: At Council's request, staff has prepared an ordinance requesting that the County Commissioner's adopt a resolution calling for a special election to be held on August 17, 2010, regarding annexation of the City into the Kitsap County Rural Library District. As required by statute, the proposed ordinance has been sent to the City's Library Board. In addition, the Library District's Board of Trustees has been asked to pass a motion concurring in the request for annexation. If the Council adopts this ordinance, it will be forwarded to the County Commissioners with a request that they adopt a resolution calling for a special election on August 17, 2010. The Commissioners must act before May 25, 2010, in order for the ballot measure to appear on the primary election ballot. In the event the citizens of Port Orchard approve the annexation request, then they would be eligible to vote on the Library District's tax levy measure which is scheduled to appear on the general election ballot in November 2010. Recommendation: Staff has no recommendation. Motion for consideration: I move to adopt Ordinance No. 007-10, requesting an election regarding annexation of the City of Port Orchard into the Kitsap County Rural Library District. Fiscal Impact: The fiscal impact to the City will depend on whether the Council decides to modify the City's property tax levy amount for 2011 to account for annexation into the Library District. Alternatives: Decide not to annex into the Library District. Attachments: Ordinance No. 007-10 RCW 27.12.36o and .370 Introduced by: City Attorney Requested by: City Attorney Drafted by: City Attorney Introduced: April 27, 2010 Adopted: ORDINANCE NO. 007-10 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, REQUESTING AN ELECTION ON AUGUST 17, 2010 REGARDING ANNEXATION OF THE CITY OF PORT ORCHARD INTO THE KITSAP COUNTY RURAL LIBRARY DISTRICT WHEREAS, the Kitsap County Rural Library District d/b/a Kitsap Regional Library ("Library District") is a rural county library district as that term is defined in RCW 27.12.010; and WHEREAS, RCW 27.12.36o describes the procedure by which a city may annex into an existing rural county library district; and WHEREAS, RCW 27.12.36o authorizes the City Council to initiate the process for submitting a ballot proposition to the voters of the City to authorize annexation of the City into the Library District; and WHEREAS, RCW 27.12.36o requires annexation to be initiated by an ordinance stating the City's intent to join the Library District and finding that the public interest will be served thereby; and WHEREAS, if the Library District concurs in the annexation, notification thereof shall be transmitted to the Kitsap County Commissioners to call for an election in accordance with RCW 27.12.370; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. The City of Port Orchard declares its intent to join and be annexed into the Kitsap County Rural Library District d/b/a Kitsap Regional Library ("Library District") subject to the voters' approval after an election held in accordance with RCW 27.12.370. After considering the options for providing library services to City residents, the City Council finds that the public interest will be best served by annexation into said Library District. Ordinance No. 007-10 Page 2 of 2 SECTION 2. The City Council requests that the Kitsap County Commissioners submit to the voters of Port Orchard, at an election to be held on August 17, 201o, a ballot proposition asking if the City of Port Orchard shall be annexed to and be a part of the Kitsap County Rural Library District d/b/a Kitsap Regional Library. SECTION 3. The City Council has requested that the Board of Trustees of the Library District concur in the proposed annexation of the City into the Library District. The Mayor is authorized to provide to the Library District any and all documents as may be required and to take such action as may be necessary to facilitate and effect the annexation. SECTION a. The City further declares that if and when it is annexed into the Library District, the Library District's property tax levy rate shall be separate and in addition to the City's regular property tax levy rate in each year, subject to limitations established by state law. SECTION 5. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity of constitutionality of any other section, sentence, clause or phrase of this ordinance. SECTION 6. This ordinance shall be in full force and effect five (5) days after posting and publication as required by law. A summary of this Ordinance may be published in lieu of the entire ordinance, as authorized by State Law. PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the Clerk in authentication of such passage this 27th day of April 2010. ATTEST: Patricia Kirkpatrick, CMC, City Clerk APPROVED AS TO FORM: Gregory A. Jacoby City Attorney Lary Coppola, Mayor Sponsored by: Robert Putaansuu, Councilmember RCW 27.12.360 Annexation of city or town into rural county library district, island library district, or intercounty rural library district — Initiation procedure. Any city or town with a population of three hundred thousand or less at the time of annexation may become a part of any rural county library district, island library district, or intercounty rural library district lying contiguous thereto by annexation in the following manner: The inclusion of such a city or town may be initiated by the adoption of an ordinance by the legislative authority thereof stating its intent to join the library district and finding that the public interest will be served thereby. Before adoption, the ordinance shall be submitted to the library board of the city or town for its review and recommendations. If no library board exists in the city or town, the state librarian shall be notified of the proposed ordinance. If the board of trustees of the library district concurs in the annexation, notification thereof shall be transmitted to the legislative authority or authorities of the counties in which the city or town is situated. [2009 c 40 § 1; 1982 c 123 § 13; 1981 c 26 § 3; 1977 ex.s. c 353 § 1.] RCW 27.12.370 Annexation of city or town into library district — Special election procedure. The county legislative authority or authorities shall by resolution call a special election to be held in such city or town at the next special election date according to RCW 29A.04.321, and shall cause notice of such election to be given as provided for in RCW 29A.52.351. The election on the annexation of the city or town into the library district shall be conducted by the auditor of the county or counties in which the city or town is located in accordance with the general election laws of the state and the results thereof shall be canvassed by the canvassing board of the county or counties. No person shall be entitled to vote at such election unless he or she is registered to vote in said city or town for at least thirty days preceding the date of the election. The ballot proposition shall be in substantially the following form: "Shall the city or town of ...... be annexed to and be a part of ...... library district? YES ............ NO ............ E „ If a majority of the persons voting on the proposition shall vote in favor thereof, the city or town shall thereupon be annexed and shall be a part of such library district. [2006 c 344 § 19; 1982 c 123 § 14; 1977 ex.s. c 353 § 2.] Notes; Effective date -- 2006 c 344 §§ 1-16 and 18-40: See note following RCW 29A.04.311. City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (36o) 876-4407 9 FAX (36o) 895-9029 Agenda Staff Repo Agenda Item No. Business ItemZE Subject: Approval of Contract No. CO26-io, Authorizing the Mayor to Execute a Contract with Henderson Meeting Date: April 27, 2010 Prepared by: Andrea Archer, P.E. Assistant City Engineer Atty Routing No: 047-10 Construction for the Bay Street Atty Review Date: April 19, 2010 Seawall Construction Project Summary: On March 19, 2010 and again on April 2, 2010 the City of Port Orchard Public Works Department published an invitation to bid in the Port Orchard Independent. Additionally, this project was posted on an online plan room, Builder's Exchange of Washington. Bidders were requested to provide for safety upgrades along approximately 16o feet of Bay Street North near City Limits. This project will include construction of a jersey -style guardrail cast -in -place at the edge of the traveled way, installation of traffic detour signs, removal of asphalt, excavation, grade beams, compaction of road subgrade, placing hot mix asphalt, and striping lanes. The City opened bids on April 9, 2olo and received 7 bids in all. On The bids received were as follows including tax: Construction Company Location Bid Amount Henderson Partners, LLC Gig Harbor $102,980.58 Stan Palmer Construction Port Orchard $12 ,258.00 Vetch Construction, LLC Camano Island $136,887.00 Cherokee Construction Services Vancouver $136,113.00 R S Construction & Excavation Covington $13 ,622.00 Caseco Associates Port Orchard $141, oo.00 RV Associates Inc. Port Orchard $151,668.71 Henderson Partners, LLC from Gig Harbor, Washington was the lowest responsible bidder. The engineer's estimate for this project was $138,823.50. Recommendation: Staff recommends that Council authorize the Mayor to execute Contract No. Co26-1o, with Henderson Partners, LLC for the construction of the Bay Street Seawall Safety Upgrades Project in an amount not to exceed $102,980.58. Motion for consideration: I move to authorize the Mayor to execute Contract No. CO26-1o, with Henderson Partners, LLC for the construction of the Bay Street Seawall Safety Upgrades Project in an amount not to exceed $102,980.58. Fiscal Impact: Arterial Streets Budget. Alternatives: None. Attachments: Contract No. CO26-lo Bay Street Seawall Safety Upgrades Project City Contract No. CO26-10 Contract THIS AGREEMENT, made and entered into this 27th day of April by and between the City of Port Orchard, herein after called the PURCHASER, and Henderson Partners, LLC, the heirs, executors, administrators, successors, and herein after called the CONTRACTOR. WITNESSETH THAT IN CONSIDERATION OF THE PAYMENTS, COVENANTS, AND AGREEMENTS herein after mentioned to be made and performed by the parties hereto, the parties hereto covenant and agree as follows: DESCRIPTION OF WORK: Provide traffic safety upgrades along approximately 160 feet of Bay Street North near the City limits. The project includes installation of traffic detour signs, removal of asphalt, excavation, constructing cast -in -place concrete traffic barriers and grade beams, compaction of road subgrade, placing hot mix asphalt, and striping lanes. The contract price is $102,980,58, EMPLOYMENT AND PAYMENT: The Purchaser hereby promises and agrees with the Contractor to employ, and does so employ the Contractor to provide the labor, materials, and other things set forth in the preceding paragraph and to do and cause to be done the above described work and to complete and furnish the same according to the attached specifications and proposal at the tune and manner and upon the conditions of this contract and every part thereof. COMPLETION OF WORK: Time is of the essence for this contract. The Contractor agrees to commence work within FIFTEEN (15) days of signing this contract. The contract shall be physical complete within 35 working days. The Contractor shall be allowed extensions to the contract, due to weather conditions. Such extensions must be mutually agreed to by both parties. If failure of the Contractor to complete the contract in the amount of time which is reasonably ascertainable, the Contractor shall be liable for any additional cost or damages of Two Hundred Fifty Dollars ($250) per calendar day. INSURANCE REQUIREMENTS: Contractor shall furnish and maintain all insurance as required herein (or by attachment) and comply with all limits, terms and conditions stipulated therein (or by that attachment), at their expense, for the duration of the contract. Any exclusions must be pre- approved by the City. Work under this contract shall not commence until evidence of all required insurance and bonding is provided to the City. The Contractor's insurer shall have a minimum A.M. Best's rating of A- and shall be licensed to do business in the State of Washington. The insurance policy or policies will not be canceled, materially changed or altered without forty five (45) days prior notice submitted to the City. The policy shall provide and the certificate shall reflect that the insurance afforded applies separately to each insured against whom claim is made or suit is brought except with respect to the limits of the company's liability. The policy shall be endorsed and the certificate shall reflect that the insurance afforded Page 2 of 3 therein shall be primary insurance and any insurance or self-insurance carried by the City shall be excess and not contributory insurance to that provided by the contractor. REQUIRED COVERAGE: The insurance shall provide the minimum coverage as set forth below, all coverage $1,000,000.00 per occurrence with no deductible. GENERAL LIABILITY INSURANCE: The Contractor shall have Commercial General Liability with limits of $1,000,000.00 per occurrence and at least $2,000,000.00 in the annual aggregate, which includes general aggregate, products, completed operation, personal injury, fire damage and medical expense. ADDITIONAL INSURED ENDORSEMENT: General Liability Insurance must state that the City of Port Orchard, it's officers, agents and employees, and any other entity specifically required by the provisions of the Agreement will be specifically named additional insured(s) for all coverage provided by this policy of insurance and shall be fully and completely protected by this policy from all claims. Language such as the following should be used "CITY OF PORT ORCHARD, ITS OFFICERS, AGENTS AND EMPLOYEES ARE NAMED ADDITIONAL INSURED AS RESPECTS TO PROJECT NUMBER (insert project number here)." PROOF OF BUSINESS AUTOMOBILE INSURANCE: The Contractor shall have Business Automobile Liability with limits of $1,000,000.00 combined single limit. WORKERS COMPENSATION: If applicable, the Contractor shall show proof of Worker's Compensation coverage by providing its State Industrial Account Identification Number. Provision of this number will be the Contractor's assurance that coverage is in effect. PROOF OF INSURANCE: The Contractor shall not commence work, nor shall the Contractor allow any subcontractor to commence work on any subcontract until a Certificate of Insurance, meeting the requirements set forth above, has been provided to the City. Upon request, the Contractor shall forward to the City the original policy, or endorsement obtained, to the Contractor's policy currently in force. FAILURE OF COVERAGE: Failure of the Contractor to fully comply with the above insurance requirements during the term or the contract shall be considered a material breach of contract and cause for immediate termination of the contract at the City's discretion. Alternatively the City may procure and maintain, at the Contractor's sole expense, insurance to the extent deemed proper up to the amount of the required coverage(s). The City may offset the cost of such insurance against payment due to the Contractor under this contract. LIABILITY OF NEGLIGENCE: The Contractor shall be liable for any additional expenses incurred by the Purchaser as a result of carelessness or negligence on the part of the Contractor. The Contractor agrees that the Purchaser may deduct such additional cost on its own behalf from the monies due or to become due to the Contractor. Page 3 of 3 CANCELLATION OF CONTRACT FOR VIOLATION OF STATE POLICY: This contract may be cancelled by the official or agents of the Purchaser authorized to contract for or supervise the execution of such work in case such work is not performed in accordance with the policy of the State of Washington relating to such work. It is further provided that the Contractor shall hold harmless the Purchaser and that no liability shall attach to the Purchaser by reason of entering into this contract, as expressly provided herein. AGREEMENT: The Contractor himself, and for his heirs, executors, administrators, successors, and assigns, does hereby agree to the full performance of all covenants herein contained upon the part of the Contractor. IN WITNESS WHEREOF, this agreement has been duly executed by the parties wherein before named, on the day and year, first above written. CITY OF PORT ORCHARD CONTRACTOR Lary Coppola Mayor ATTEST: Patricia J. Kirkpatrick, CMC City Clerk Agenda Item No City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Business Item 7F Agenda Staff Report Subject: Approval of Contract No. C030-10, Authorizing the Mayor to Execute a Contract with Krazan & Associates for Meeting Date: April 27, 2010 _ Prepared by: Andrea Archer, P.E. Atty Routing No: Materials Testing Atty Review Date: Assistant City Engineer NA NA Summary: Public Works is planning on construction of one Federally Funded project this year. As part of the project, some construction and materials testing will need to be performed, including compaction testing and concrete strength testing. On March 25, 2010 a request for proposals was sent to four firms to perform these testing services: Earth Solutions NW LLC, Krazan & Associates, Inc., GeoEngineers, Inc., and HWA GeoSciences, Inc. Proposals were due to Public Works on April 8, 2010. Only one firm submitted their request for proposal, Krazan Associates, Inc. After reviewing proposals it was determined that Krazan Associates, Inc. will meet the City's needs for the testing. Recommendation: Staff recommends that Council authorize the Mayor to execute Contract No. C030-10, with Krazan Associates, Inc. for On -Call Construction/Materials Testing for 2010 Projects in an amount not to exceed $20,000, Motion for consideration: I move to authorize the Mayor to execute Contract No. C030-10 with Krazan Associates, Inc. for On -Call Construction/Materials Testing for 2010 Projects in an amount not to exceed $20,000, Fiscal „Impact: Arterial Streets Budget. Alternatives: None. Attachments: Contract No. C030-10 CITY OF PORT ORCHARD PROFESSIONAL SERVICES AGREEMENT City Contract No. C030-10 THIS Agreement is made effective as of the 30th day of April 2010, by and between CITY OF PORT ORCHARD, WASHINGTON ("CITY") 216 Prospect Street Port Orchard, Washington 98366 Contact: Mayor Lary Coppola Phone: 360.876.4407 Fax: 360.895.9029 and Krazan & Associates, Inc. ("CONSULTANT") 1230 Finn Hill Road, Suite A Poulsbo, WA 98370 Contact: Jeff Bowers Phone: (360) 598-2126 Fax: (360) 598-2126 Tax Id No.: 77-0039491 for professional services in connection with the following Project: On -Call Construction/Materials Testing for 2010 Projects TERMS AND CONDITIONS 1, Services by Consultant A. Consultant shall perform the services described in the Scope of Work attached to this Agreement as Exhibit "A." The services performed by the Consultant shall not exceed the Scope of Work without prior written authorization from the City. B. The City may from time to time require changes or modifications in the Scope of Work. Such changes, including any decrease or increase in the amount of compensation, shall be agreed to by the parties and incorporated in written amendments to the Agreement. 2. Schedule of Work A. Consultant shall perform the services described in the scope of work in accordance with the Schedule attached to this contract as Exhibit "B." If delays beyond Consultant's reasonable control occur, the parties will negotiate in good faith to determine whether an extension is appropriate. B. Consultant is authorized to proceed with services upon receipt of a written Notice to Proceed. 3. Terms. This Agreement shall commence on April 30, 2010 ("Commencement Date") and shall terminate December 31, 2010, unless extended or terminated in writing as provided herein. 1 of 9 4. Compensation TIME AND MATERIALS. Compensation for these services shall be on a time and material basis, not to exceed $20,000.00, according to the list of billing rates and reimbursable expenses attached hereto as Exhibit "C." 5. Payment A. Consultant shall maintain time and expense records and provide them to the City monthly, along with monthly invoices in a format acceptable to the City for work performed to the date of the invoice. B. All invoices shall be paid by City warrant within sixty (60) days of receipt of a proper invoice. C. Consultant shall keep cost records and accounts pertaining to this Agreement available for inspection by City representatives for three (3) years after final payment unless a longer period is required by a third -party agreement. Copies shall be made available on request. D. If the services rendered do not meet the requirements of the Agreement, Consultant will correct or modify the work to comply with the Agreement. City may withhold payment for such work until the work meets the requirements of the Agreement. G. Discrimination and Compliance with Laws A. Consultant agrees not to discriminate against any employee or applicant for employment or any other person in the performance of this Agreement because of race, creed, color, national origin, marital status, sex, age, disability, or other circumstance prohibited by federal, state, or local law or ordinance, except for a bona fide occupational qualification. B. Consultant shall comply with all federal, state, and local laws and ordinances applicable to the work to be done under this Agreement. C. Consultant shall obtain a City of Port Orchard business license prior to receipt of written Notice to Proceed. D. Violation of this Paragraph 5 shall be a material breach of this Agreement and grounds for cancellation, termination, or suspension of the Agreement by City, in whole or in part, and may result in ineligibility for further work for City. 7. Suspension and Termination of Agreement A. This Agreement may be terminated by the City at any time upon the default of the Consultant or upon public convenience, in which event all finished or unfinished documents, reports, or other material or work of Consultant pursuant to this Agreement shall be submitted to City, and Consultant shall be entitled to just and equitable compensation for any satisfactory work completed prior to the date of termination, not to exceed the total compensation set forth herein. Consultant shall not be entitled to any reallocation of cost, profit or overhead. Consultant shall not in any event be entitled to anticipated profit on work not performed because of such termination. Consultant shall use its best efforts to minimize the 2of9 compensation payable under this Agreement in the event of such termination. If the Agreement is terminated for default, the Consultant shall not be entitled to receive any further payments under the Agreement until all work called for has been fully performed. Any extra cost or damage to the City resulting from such default(s) shall be deducted from any money due or coming due to the Consultant. The Consultant shall bear any extra expenses incurred by the City in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained by the City by reason of such default. B. The City may suspend this Agreement, at its sole discretion, upon one week's advance notice to Consultant. Such notice shall indicate the anticipated period of suspension. Any reimbursement for expenses incurred due to the suspension shall be limited to the Consultant's reasonable expenses, and shall be subject to verification. The Consultant shall resume performance of services under this Agreement without delay when the suspension period ends 8. Standard of Care Consultant represents and warrants that it has the requisite training, skill and experience necessary to provide the services under this agreement and is appropriately accredited and licensed by all applicable agencies and governmental entities. Services provided by Consultant under this agreement will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing in similar circumstances. 9. Ownership of Work Product All data materials, reports, memoranda, and other documents developed under this Agreement whether finished or not shall become the property of City, shall be forwarded to City at its request and may be used by City as it sees fit. Upon termination of this agreement pursuant to paragraph 6 above, all finished or unfinished documents, reports, or other material or work of Consultant pursuant to this Agreement shall be submitted to City. City agrees that if it uses products prepared by Consultant for purposes other than those intended in this Agreement, it does so at its sole risk and it agrees to hold Consultant harmless therefore. 10. Indeninification[Hold Harmless Consultant shall defend, indemnify and bold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, errors or omissions of the Consultant, its agents, employees, or sub consultants in performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. This indemnification and hold harmless shall apply regardless of whether the claim is brought pursuant to the Worker's Compensation Act, RCW Title 51, or otherwise, and the Consultant waives any immunity whatsoever with respect to such indemnification. 11. 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 3of9 the performance of the work hereunder by the Consultant, its agents, representatives, or employees. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 O1 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 or a substitute form providing equivalent liability coverage and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single litnit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. 3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Professional Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. D. Acceptability of Insurers 4of9 12. 13. U Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:V1I. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. Assigning or Subcontracting Consultant shall not assign, transfer, subcontract or encumber any rights, duties, or interests accruing from this Agreement without the express prior written consent of the City, which consent may be withheld in the sole discretion of the City. Independent Contractor Consultant is and shall be at all times during the term of this Agreement an independent contractor. Notice Any notices required to be given by the City to Consultant or by Consultant to the City shall be in writing and delivered to the parties at the following addresses: Lary Coppola Mayor 216 Prospect Street Port Orchard, WA 98366 Phone: 360.876.4407 Fax: 360.895.9029 15. Disputes 16. Jeff Bowers or Jeff Mercer Krazan Associates, Inc. 1230 Finn Hill Road, Suite A Poulsbo, WA 98370 Phone: (360) 598-2126 Fax: (360) 598-2126 Any action for claims arising out of or relating to this Agreement shall be governed by the laws of the State of Washington. Venue shall be in Kitsap County Superior Court. Attorneys Fees In any suit or action instituted to enforce any right granted in this Agreement, the substantially prevailing party shall be entitled to recover its costs, disbursements, and reasonable attorneys fees from the other party. 17. Extent of Agreement/Modification 5of9 This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the parties hereto and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement may be amended, modified or added to only by written instrument properly signed by both parties. CITY OF PORT ORCHARD, CONSULTANT WASHINGTON By: Date: Lary Coppola Name: Mayor Title: Attest: By: Patricia J. Kirkpatrick, CMC City Clerk Date: 6of9 Exhibit A "Scope of Services" Consultant shall provide testing services to the City for the Port Orchard projects, as required to meet regulatory and contract compliance needs on a work order basis. The duration of these projects is expected to vary from a few weeks to several months, and will incorporate a mix of funding from local, State, and Federal sources. Consultant shall be available to execute a work order within 5 business days, shall be available to collect samples or perform testing with as little as 12 hours notice once a work order is executed, and shall be WABO certified. The general testing services required by City may include, but are not limited to: • Field Density testing • HMA compaction • HMA compliance testing • Concrete compliance testing • Concrete strength testing • Acceptance Sampling • Certification of reinforcing steel placement + Certification of structural steel installation 7 of 9 Exhibit B "Schedule of Work" Consultant shall provide testing services to the City for the Port Orchard projects, as required to meet regulatory and contract compliance needs on a work order basis. The duration of these projects is expected to vary from a few weeks to several months, and will incorporate a mix of funding from local, State, and Federal sources. Consultant shall be available to execute a work order within S business days, shall be available to collect samples or perform testing with as little as 12 hours notice once a work order is executed. 8of9 "See attached." Exhibit C "Billing Rates for Compensation" 9of9 2oio Fee Schedule — City of Port Orchard er.,.,✓. _ i,ru,�n,n,u+.n.„v, uun; ,M...r,.,i�eten. x.en �ma.nn p.n �,w nrr ���.xixeu,.n��nu, ,� mrhr n�,,. „i,�i� �.e�,.ux aux,l �. _i_ ux.r, ,. _ m.u� r�un�. er �uu.0 �x,u„ r.+�n n,..�uiwu�nvmui f .wm.�.exs„-.np aFo,r rr,r �u�rm 05&."�'21<raZan ASSOCIATES, INC. GEOTECHNICAL ENGINEERING • ENVIRONMENTAL ENGINEERING CONSTRUCTION TESTING & INSPECTION EXHIBIT C CITY OF PORT ORCHARD On -Call Construction/Materials Testing for 2010 Projects 2010 Fee Schedule KA Proposal No. P10-050P Corporation Established - 1982 Principals AUGUSTHIoCo..................................................................................................... President DEAN L. ALEXANDER, R.E.A., R.C.E., R.G.E....................................... Principal Engineer BYRON "KIP" WILLIAMSON.................................................................. Managing Partner KEY MANAGEM ENT STAFF KULWANT (KEN) S. SAHI, PE Regional Manager- Washington & Oregon DAVE R. JAROSZ, 11, R.C.E., R.G.E. Vice President Engineering Services ART FARKAS, R.E.A. Vice President Environmental Services Page 1 of 1 l P10050P 2010 Fee Schedule -City of Port Orchard.doc 2oio Fee Schedule — City of Port Orchard OJA Kra an. Terms of Payment Invoices shall be deemed delinquent if not paid within 30 days of the invoice date and will be subject to a late payment charge of 1.5% per month or the maximum percentage allowed by law, whichever is the lesser on the unpaid balance from the invoice date, including the undisputed portions of invoices with disputed charges, until the same is paid, as liquidated damages for additional credit and collection expenses incurred by Krazan & Associates, Inc. Basis of Charges Minimum Charges Field services performed by our technicians are subject to a 4 hour minimum charge for each day of service, with services in excess of 4 hours subject to half-hour increments. Services in excess of 8 hours per day are billed in hourly increments. Field and office -based engineering and administrative services have a one -hour minimum charge and are billed in hourly increments. Expert Witness and Deposition services are billed on half- and full day (4 and 8 hour) basis and hourly after 8 hours. Sample pick-up services are subject to a 2-hour minimum charge. Regular Time Charges Regular time charges are applicable to services initiated Monday through Friday (excluding holidays), between 7 a.m. and 3:30 p.m. Premium charges are applicable on holidays and weekends. Night Shift Differential For services initiated after 3:30 p.m. or before 7:00 a.m, during any twenty-four (24) hour period commencing at 12:01 a.m. shall be subject to a twenty (20) percent premium above the regular rate. Time and One -Half Charges Time and one-half charges will be rendered on Regular Time weekdays for services extending beyond 8 hours and not exceeding 12 hours of total service that day. Services rendered on Saturdays will be charged at one and one-half (1.5) times the Regular Time rate for the first 8 hours. Double Time Charges Services rendered on Holidays, Sunday, in excess of 8 hours on Saturday, or in excess of 12 hours on weekdays, will be charged at double the Regular Time rate. Reimbursable Expenses and Subcontractor Charges Direct expenses, including but not limited to shipping, overnight or expedited delivery beyond standard postage, photo processing, sublet reproduction, and consumable materials used in field services will be charged to the client at cost plus 15%. Subcontractor, Subconsultant and equipment rental charges, including but not limited to backhoe rental or backhoe services, subcontracted drilling services, concrete pumping services, and subcontracted specialty laboratory testing and inspection services, will be charged to the client at cost plus 20%. Page 2 of 11 P10050P 2010 Fee Schedule -City of Port Orchard.doc 2oio Fee Schedule — City of Port Orchard' �zz4�� { .....�. ui �un,.�,�:/i�r ��l; �: :;IldMl l.. Ii.i M1r/J�N�I- h x. ��l[fl /al.l.N.l lnH x,lI:M I/��l+w_I.L�I�. iu,ar �.rvlllllr.A:l,l hilrlxlV ilh NlV,uxl: k.'xl hrt ref lGl1 if flm�_XI! Jh �� I.M1�M� Travel Time and Mileage Charges Field services are billed based on time charged portal-to-portal from the closest Krazan & Associates' office providing the required services. Travel and Subsistence On remote jobs or projects, travel and subsistence, when not furnished, will be charged to the client at cost plus 15%; the minimum per diem rate for subsistence is $120.00. Clerical and Engineer Review Charges All projects will incur clerical preparation and engineering review charges. Supervisor Charges Supervisor charges are above and beyond hourly and unit rates quoted for testing and inspection services. Cancellation All cancellations without a 4 hour notice of cancellation will be subject to 2 hour minimum charges per day cancelled. Notice of cancellation must be received by our office during our office hours of 7:00 am to 5:00 pm Monday through Friday (excluding holidays) and cannot be left on the voice mail system. Cost of Services Unless expressly stated in a project -specific Proposal or Agreement, services are provided on a time - and -expense basis, subject to the Basis of Charges presented above. Where provided, Cost Estimates are provided in good faith based on the scope of work and assumptions outlined in the Proposal. The term "Cost Estimate" does not imply a maximum contract amount, but only the extension value of our unit prices at the time of proposal preparation. Insurance Krazan & Associates, Inc. carries in excess of all insurance required by law. Additional costs of extra insurance certificates, co-insurance endorsements or additional insurance will be charged to the client at cost plus 20%. Prevailing Wage Rates The rates presented in this Fee Schedule are not applicable for projects where Prevailing Wage or other collective bargaining labor and benefits rates apply. In the event that your project is a Prevailing Wage project please notify Krazan &Associates so we can provide you with applicable rates. Cost -Of -Living Adjustment The rates presented in this fee schedule are applicable only through December 31 of the year published. Krazan & Associates should be contacted to obtain rates applicable for your project area and the year in which our services are to be provided. Where projects are on -going beyond December 31 of the year the services were initiated, the rates presented in this fee schedule are subject to an annual cost of living adjustment based on the consumer price index for the geographic area where our services are being provided. Page 3 of 11 P10050P 2010 Fee Schedule -City of Port Orchard.doc 2oio Fee Schedule --- City of Port Orchard�';-t�,' Y'1l I.I�:ilnrv;?f/�'��51. i.� x.�l �r��/�F l�fl�l l,. J•ll'�.� IIJJ� Ib. i �I. ! �ilNl I Wn. ! � �' � �l� �Yd 'I/ .IA i! !✓ ! !!N! 'h ' rI rl Id f � Il r 1 n ! i/ l � /��L.� 1'�i4 fN � ., � ltl /�. :A l I'NI RIN.'I I MAd I� I In GENERAL FEE SCHEDULE FOR PROFESSIONAL & TECHNICAL SERVICES Professional Principal..................................................................................................................................................................S 160.00/hr. Senior Engineer, Engineering Geologist, Environmental Scientist (P.E., P.E.G., C.H.M.M.) ............................... $135.00/hr. Project Engineer, Engineering Geologist, Environmental Scientist (P.E., P.E.G., C.H.M.M.) .............................. $125.00/hr. SeniorMaterials Analyst......................................................................................................................................... $125.00/hr. Project Manager (Professional Services)................................................................................................................ $120.00/hr. ProjectManager. .......................................................................... ..........................................................................$95.00/hr. LicensedHydrogeologist (L.H.G.)............................................... .......................................................................... $115.00/hr. Environmental Geologist / Scientist....................................................................................................................... S 105.00/hr. SeniorStaff Professional........................................................................................................................................... $95.00/hr. Staff Professional (engineer/geologist)..................................................................................................................... $95.00/hr. StaffWetlands Specialist..........................................................................................................................................$95.00/hr. Expert Witness Services Consultation, Deposition, Testimony -- Principal................................................................................................... $375.00/hr. Consultation, Court, Deposition, Testimony — Registered Professional, Forensic Consultant ............................... S290.00/hr. Stand -By at Office (Waiting to be called to Court)................................................................................................... By Quote Technical Special Inspector (Includes Batch Plant, Reinforced Concrete, Reinforced Masonry, Proprietary Anchors, Fireproofing, andShotcrete inspections)........................................................................................................................................ S55.00/hr. Special Inspector (Includes Lateral Framing and Concrete Coring Inspections)...................................................... $65.00/hr. Wood Structure Moisture Inspections....................................................................................................................... $70.00/hr. Special Inspector (Includes Structural Steel and Structural Steel Fabrication Inspections) ..................................... S75.00/hr. Soil and Asphalt Compaction Testing...................................................................................................................... $55.00/hr. Field Geologist (Soil Bearing Verification)..............................................................................................................S95.00/hr. Certified Weld Inspection (AWS Certified)............................................................................................................. S75.00/hr. ForensicTechnician.................................................................................................................................................. $90.00/hr. Ultrasonic, Magnetic Particle, Dye Penetrant (ASTM El 14, E164, El65, E709).................................................... $75.00/hr. XRay ( 2 Man Crew)...................................................................................................................................................... Quote XRay Film...................................................................................................................................................................... Quote RebarLocate Using A Pachometer...........................................................................................................................$85.00/hr. WindsorProbe (ASTM C803).................................................................................................................................. $90.00/hr. Plate Bearing Test, (ASTM D 1195, D 1196)............................................................................................................. $90.00/hr. Pulse Velocity (ASTM C597, D2845)................................................................................................................... $90.00/11r. Floor Flatness (includes equipment).......................................................................................................................$120.00/hr. SamplePickup (2 hour minimum)............................................................................................................................ $45.00/11r. Turbidity and Erosion Control Inspection................................................................................................................. $70.00/hr. Drafting/ CADD....................................................................................................................................................... S60.00/hr. AnchorBolt Pull Testing.......................................................................................................................................... $85.0011ir. LaboratoryTechnician.............................................................................................................................................. $50.00/hr. Administrative Administrative Support .................................................................$50.00/hr. Clerical/Word Processing/Reproduction................................ .........$50.00/hr. Page 4 of 11 P10050P 2010 Fee Scheduia-City of Port Orchard.doc two Fee Schedule — City of Port Orchard K' az;, n r,.n.�a,ui.i.,inud�.f �n. ,. i�x'N�nP4W��uiu i�.i � nr�liNiJN4 i,i,l,l�lilillNhflr'/I'I�r�nuiH:JNIlM�%l;Ml;r;r;lnl;M lrlr,lMln'hlilhfWlr, rni x�rhJrWi xlNr;lif'��rf�l,e�rv..i. �v�N.'lIMIti MNu1.lr'1; �i1 �J. in: b�;l' 1'il M,IM d41 kA FIELD SERVICES FOR GEOTECHNICAL, ENVIRONMENTAL, AND CONSTRUCTION TESTING 1 INSPECTION SERVICES S ecialized Services Are Available On Request Geotechnical Field Services • Observation of Deep Excavations • Confirming Beraing Soils • Steep Cut Stability Observations • Steep Cut/Slope Stabilization • Excavation Dewatering • Erosion Control and CESCL Inspections • Structural Fill Placement Observation • Soil In -Place Density (Compaction) Testing • Augered Cast -In -Place Pile Observations • Drilled Pier Observation • Pile Driving Observation • Temporary Shoring/Bracing System Installation Observation • Permanent Shoring Installation Observation o Soldier Pile Wails (Cantilevered and Tieback walls) o Soil Nailing o Sheet Piles • Underpinning, Grout Injected Foundations & Special Foundations Observation • Deep, Dynamic ground Improvement Observations • Geopier Installation • Vibrocompaction • Surcharge & Preload Placement & Settlement Observations • Foundation Excavation Observation including piers and caissons • Soil Nailing and Tieback Installation Observation • Soil Sampling • Construction Dewatering & Site Drainage • Soil Percolation/Infiltration Testing Environmental Field Services • Surface Water Monitoring and Assessments • Groundwater Monitoring, Sampling & Assessment • Environmental Compliance Assistance • Site Remediation o Soil Excavation and Treatment o Vapor Extraction o Bio-remediation o Pump and Treat Systems o Soil and Groundwater Monitoring and Treatment • Underground Storage Tank Services o Tank Removal Site Assessments o Site Characterization o Leaking Underground Storage Tank Site Assessments o Groundwater Monitoring System o Pump and Treat Systems o Soil and Groundwater Monitoring • Hazardous Materials Abatement Observation Page 5 of 11 P 10050P 2010 Fee Schedule -City of Port Orchard.doc 2oio Fee Schedule — City of Port Orchard 4id Krazan m'.,..i, :, T....inm,.a77,7716,771 11.1�1 .. -1rrrrcr1,n;ri, o Air Sampling o Clearance Sampling • Health and Safety Programs Special Inspection Services • Reinforced Concrete • Pneumatically Placed Concrete (Shoterete/Gunite) • Post -Tensioned Concrete • Proprietary Anchor installation • Light Gage Framing • Structural Masonry • Structural Steel Welding • Structural Steel High -Strength Bolting • Spray -Applied Fire -Resistive Coatings • Structural Wood Diaphragm Nailing/Stapling • Epoxy -set Bolts or Dowels • Masonry Restoration Plant Inspection • Structural Steel Fabrication • Steel Joist Fabrication • Concrete Batch Plant • Asphalt Batch Plant • Pipe Plant (Reinforced Concrete, Clay, etc) • Glue -Laminated Beam Fabrication (subcontracted service) • Wood Truss Fabrication (subcontracted service) Nondestructive Examination • Ultrasonic, Magnetic Particle, Dye Penetrant • Radiographic (subcontracted service) • Pachometer • Schmidt Hammer and Windsor Probe • Impact Echo • Pulse Velocity • Drilled Resistance (Wood and Stone) • Infra -red Camera • Ground Penetrating Radar (subcontracted service) • Ferroscan Specialty Inspections and Services • Paint/Coating Thickness • Build-up Roofing • Welder Qualification • Floor Profiling • Forensic Investigations Coring Services o Asphalt Concrete, Portland Cement Concrete, Masonry Staffing On request, Krazan & Associates will prepare a project specific proposal identifying the services to be provided and the applicable staff rates and unit costs for those services. The labor rates for our various staffing designations are presented on Page 4 of this Fee Schedule. Equipment and laboratory rates are presented on the following pages. Page 6 of 1 I P10050P 2010 Fee Schedule -City of Port Orchard.doc 2oio Fee Schedule -- City of Port Orchard Krazat u,.r.,�,ruti„� rr,.e,e, ,. nri �nvi ,,,� ,,., �,, i, i moe,n nw.o�ur,.e wi,in i i uu.rdwrnrn r,,ur qrm, arr,n�u,r ��.ru✓.;nr.r. xu"u r:; ».at mvui iw rw�r v.r.�ui.�c. ,ncrrrn,„_ru rxni i„nc ,;ma�ddio a"a.,rw ruin LABORATORY SERVICES Specialized Services Are Available On Request Aggregates and Soils Laboratory Tests Absorption (ASTM C 127, 128)........................................................ ................................................................ .... $50.00 each Abrasion (L.A. Rattler 100 & 500 cycles), ASTM C 131................................................................................... S 175.00 each AcidSolubility .......................................................................................................................................................S40.00 each Atterber Limits ASTM D 4318.................................................................................................. $80.00 each Accelerated Expansion (CRD 148)...................................................................................................................... S350.00 each California Bearing Ratio (CBR) (ASTM D 1883)................................................................................................ $500.00 each Clay Lumps and Friable Particles (ASTM C 142)................................................................................................ $100.00 each Coal and Lignite (ASTM C123).......................................................................................................................... $100.00 each Consolidation Test (ASTM D2435 test includes 5 loads)................................................................................... $500.00 each Consolidation Additional Loads.......................................................................................................................... $100.00 each Degradation(WSDOT 110)................................................................................................................................. S I00.001each Direct Shear Test (ASTM D3080) (Unconsolidated, Undrained, 3 point).......................................................... $300.00 each Durability (ASTM 3744).................................... ........................................................................................ ......... $200.00 each ExpansionIndex, UBC-29-2................................................................................................................................ $195.00 each Fertility Analysis (Subcontract)........................................................................................................................... $300.00 each Flat or Elongated Particles, (CRD C-119, ASTM D 4791)................................................................................. S130.00 each FractureFace (ASTM D5821)............................................................................................................................... $80.00 each Hydrometer Analysis ASTM D422.................................................................. $150.00 each LightWeight Pieces............................................................................................................................................. $100.00 each Material Finer than No. 200 Sieve (ASTM C 117)................................................................................................. $30.00 each Maximum Density WSDOT 606............................................................................................. S500.00 each MoistureContent................................................................................................................................................... $20.00 each Moisture Content and Dry density (Liner Sample) ........................ ....S30.00 each Moisture -Density Relations of Soils (ASTM D698, D 1557)............................................................................... $200.00 each Modulesof Rupture............................................................................................................................................. S 100.00 each Modulesof Elasticity........................................................................................................................................... $100.00 each Organic Content, Loss by Ignition (ASTM D 2974)........................................................................................... $150.00 each Organic Impurities (ASTM C40)....................... ........$50.00 each Permeability, Constant Head (ASTM 2434)........................................................................................................ S300.00 each Permeability Using Flexible Wall Pen-neameter (ASTM D5084)....................................................................... S500.00 each Permeability Sample Remold................................................................................................................................. $50.00 each Potential Reactivity, Chemical Method 3 Determinations (ASTM C289).......................................................... S700.00 each Potential Reactivity, Mortar Bar Method (ASTM C227).................................................................................... S400.00 each Relative Density Max -Min (ASTM D4253)........................................................................................................ $200.00 each "R" (Resistance) Value (WSDOT 611)................................................................................................................ $175.00 each "R" (Resistance) Value, Lime Treated or Requiring Recombining of Aggregates .............................................. $275.00 each Resistivity(Fine Soils)......................................................................................................................................... S200.00 each Resistivity (Coarse Soils).......................................................... .... S400.00 each Sand Equivalent (ASTM D2419)........................................................................................................................... S80.00 each Saturated/Dry Unit Weight .................................... ........ $75.00 each Sieve Analysis, Coarse, ASTM C 136.................................................................................................................S100.00 each Sieve Analysis Fine (including wash), ASTM C 136, C 117.............................................................................. $100.00 each Sieve Analysis - Processed (Each Size), ASTM C 136....................................................................................... $100.00 each Sieve Analysis (ASTM D422 excluding hydrometer)......................................................................................... S 100.00 each Sieve Analysis (USDA) ............................................. .. S 120.00 each Page 7 of i 1 P10050P 2010 Fee Schedule -City of Port Orchard.doc 2oito Fee Schedule - City of Port Orchard Knazarj. bOL .'wJi!' I I bir � li..� 1, hIW .I.. Il r�� uu .. r�JN J_r Ni.W2i r➢�w Lli _, hr.Aruu.n.I 1. Inh u__ _l II.I�e i. r, �W P!l I In f�llu l.H..I�.�L .IL l�. rl !iUIN if x.,, l IHd Iu Soft Particles, ASTM C 235.......................................................... I ................ I.......... $80.00 each SoilCement Mix Design...................................................................................................................................... $700.00 each Soluble Chloride Content....................................................................................................................................... $40.00 each ................................................................................. Soluble Sulfate Content........................................................ $40.00 each Soundness Coarse Sodium or Magnesium, 5 cycle (ASTM C88).................................................................... $160.00 each Soundness Fine -- Sodium or Magnesium, 5 cycle (ASTM C88)........................................................................ $250.00 each Specific Gravity (ASTM D854)............................................................................................................................. $75.00 each Specific Gravity, Coarse (ASTM C127)................................................................................................................ $75.00 each Specific Gravity, Fine (ASTM C128)............................. ........................... ......... $90.00 each SwellIndex.......................................................................................................................................................... S 150.00 each Unit Weight per Cubic Foot (ASTM C29)............................................................................................................ $50.00 each Triaxial Compression Test, ASTM D 2850 Unconsolidated, Undrained..................................................................................................................... $235.00 each Consolidated, Undrained......................................................................................................................... $325.00 each Consolidated, Undrained with Pore Pressure....................................................... . .................................. $600.00 each Unconfined Compression Test (ASTM D2166).................................................................................................. S 100.00 each WaterAbsorption................................................................................................................................................... $80.00 each Weathering (CRD C 148).......................................................... .. $300.00 each Uncompacted Voids (Fine) .................................................... .................. $100.00 each Uncompacted Voids (Coarse) ..................... ......................................................................................................... $100.00 each AdditionalTests Not Listed.......................................................................................................................................By Quote Concrete, Shotcrete, and Gunite Cylinder, Beams & Cores Compression Test, 6" x 12" Cylinders, Including Hold, ASTM C 39 .............. Compression Test, Cores, ASTM C 42 (Does Not Include Special Prep. time) Core Cutting (In Laboratory)............................................................................. Flexure Test, 6" x 6" Beams, ASTM C 78......................................................... Splitting Tensile, 6" x 12" Cylinders, ASTM C 496......................................... Modulus of Elasticity Test - Static, ASTM C 469............................................ Unit Weight Determination............................................................................... Shrinkage Length Change (3 Beams, 4 Readings, Up to 90 Days), ASTM C 157 Modified AdditionalReading................................................................................. Storage Over 90 days, Per set of 3 Beams........................................................... Mix Design ................................................. $20.00 each ................................................. $50.00 each ................................................. $40.00 each ................................................. $80.00 each ................................................. $50.00 each ................................................. $85.00 each ................................................. $35.00 each ....................................................... $225.00 ........................................... $25.00/3-bar set ............................................... $50.00/month Aggregate Tests for Concrete Mix Designs Only, Including Sieve Analysis, Specific Gravity, No. 200 Wash, Organic Impurities, Weight Per Cubic Foot, Per Aggregate Size..................................................................................... $500.00 each Mix Design, Determination of Proportions (Calculation Only)........................................................................... $450.00 each Review of Mix Design Prepared by Others......................................................................................................... $150.00 each Trial Batch, ASTM C192..................................................................................................................................... S900.00 each Compatibility (ICBO AC31)................................................................................................................................ $500.00 each Post Crack Integrity (ICBO AC31) ............................... ........................ ... $500.00 each Freeze Thaw-300 cycles (ASTM C666)......................................................................................................... S3,000.00 each InitialSet........................................................................................... ...... $75.00 each Page 8 of 11 P10050P 2010 Fee Schedule -City of Port Orchard.doc 2oio Fee Schedule — City of Port Orchard K;"aza.n; �n�l%1.ruvn.�/u,.('1/./�fl�l�..i%N �.r:.r.._ u.i�i.b NI��IJ.I�. i � 44. �� I�1� '�i;..il��ll Gl l�,lN dl Ml!!l'd ll�iJ%;141'I„� r,�.�l�k•�u,:lnl�.A; f�rh�rh�h'rl,ry: rlll�l; Ilex '!--'/r.�ir.e��r���lrv.rrn�lrh�!!�:_hil �H�NiX�4�lll ill lfilr il;. .ii�l�iMa ,.W NM .i �Nu. Coring Technician and Equipment (Jobsite coring; 2 man crew))...................................................................................... $130.00/hr. Shotcrete/Gunite Test Panels — 4 cores (Laboratory).........................................................................................$130,00/panel BitCharge................................................................................................................................................................ $2.50/inch Materials and supplies....................................................................................... ..... Cost + 15% Nozzleman Qualification Certification of Shotcrete/Gunite Nozzleman in accordance with ACI 506, administer knowledge test, observe test panel production, coring of test panel, laboratory testing of cores..................................................................................... $65.00/hr. ACICore Grading Report.................................................................................................................................... $100.00/each Masonry Materials Brick ASTM C 67 Modulus of Rupture (Flexure)............................................................................................................................. $100.00 each CompressiveStrength .................................................................. . ......................................................................... $90.00 each Absorption - 5 Hour or 24 Hour............................................................................................................................. $80.00 each Boil, 1, 2 or 5 Hour.................................................................................... ..$80.00 each InitialRate of Absorption...................................................................................................................................... $80.00 each Efflorescence(set of 3)........................................................................................................................................ $200.00 each Dimensions, Overall, Coring, Shell and Web Thickness...................................................................................... $ i 5.00/brick Coefficient of Friction (Slip Test)............................................................................................................................. $90.00 hr. Concrete Block ASTM C140 Moisture Content as Received............................................................................................................................... $25.00 each Absorption.............................................................................................................................................................. $80.00 each Compression.......................................................................................................................................................... $90.00 each Tension.................................................................................................................................... ....... $130.00 each Shrinkage, Modified British, ASTM C 426............................................................................................................... By Quote Masonry Prisms ASTM C 1388 Compression Test, Grouted Prisms........................................................................................................................ $80.00 each CuttingPrisms............................................................................................................................................................ By Quote Mortar & Grout UBC Standard 24-22 Compression, 2" x 4" Mortar- Cylinder.................................................................................................................. $20.00 each Compression, 3.5" x 7.5" Grout Prisms................................................................................................................. $20.00 each Compression Test, 2" Cubes (ASTM C 109)............................................. ... S20.00 each Unreinforced Masonry Building Tests In -Place Shear (Push) Tests............................................................................... ... $90.00/ hr. 15 Degree Core Shear Tests.. ................................ ........................................... ...................... ....................................By Quote WallAnchors................................................................................................................... .......................................... By Quote RhielmTube Test Kit ........................................................ I.................................................................................... $75.00 each RhielrnTube Test.................................................................................................................................................... $90.00/ hr. Page 9 of i 1 P 10050P 2010 Fee Schedule -City of Port Orchard.doc 2oi-o Fee Schedule -- City of Port Orchard Ki-azan !!l/!1/I�il1.Tl �lnl�IlllN'rJl✓!IIWrvNll xi, i. it nh 'il�h h'hll, lr, �l i�l �l lbb W/IA:l�4'�l�illrtlYl�%�Gi.:GlNtlf%��H 1l1 n9n i.��Nrvl.lr hullfihllNlJr.fah.nn'lM�lrplh'Inrlhllxh.hxGhXnl���lil.:A!'/:r;:i:nni: ru M1rt�iirinlr.11rN�r.N.rll'rN��rbXl rillr l�f:Mltirin lH,ll�1r M1N NJ, bn. xrn. Coring/Core Compressive Strength Technician and Equipment (Jobsite coring)............................................................................................................ $130.00/hr. BitCharge................................................................................................................................................................ $2.50/inch Materialsand supplies............................................................................................................................................ Cost + 15% Cores, Compression............................................................................................................................................... $50.00 each Cores, Shear, 6" and 8" Diameter, 2 Faces............................................................................................................ $60.00/core Reinforcinl3 and Structural Steel Reinforcing Steel ASTM A 615 Tensile & Bend Test, No. 1 1 Bar or Smaller ......................................................................................................... $75.00 each Tensile & Bend Test, No. 12 Bar or Larger......................................................................................................... $125.00 each Tensile Test, Mechanically Spliced Bar.............................................................................................................. S 125.00 each Receive and Distribute Mill Certificates ................................................................................................................ $10.00 each Prestress and Post -tension Tendons (7-Wire Strands) (Attachments To Be Furnished by Client) Tensile Test and Elongation in 24" for Prestress Strand, ASTM A 416................................................................ $75.00 each Tensile Test and Elongation in 10" for Prestressing Wire, ASTM A 421............................................................. $75.00 each Modulus of Elasticity (Pre -stressing Wire)............................................................................................................ $75.00 each Welded Specimens Tensile Test, Welded, No. 11 Bar or Smaller ..................... Tensile Test, Welded, No. 14 and 18 Bar ........................... Tensile Test Welded Coupons (Set of 3, Client Prepared) . Bend Test Welded Coupons (Set of 3, Client Prepared)..... Nick Break, Welded Re -Bar ............................................... ...........1-................................................................. $75.00 each ............................................................................. $125.00 each ................................................................................ $300.00/set ........................................................................... $300.00/set ...................................................................................By Quote Welder QualificationslWelding Procedure Specifications Prepare Welding Procedure Specification (WPS) in accordance with AWS D 1.1.............................................. $250.00 each Review Welding Procedure Specification (WPS) in accordance with AWS D1.1..............................................$I 10.00 each WitnessWelder Qualification Test...........................................................................................................................S75.00/lir. halt Concrete Asphalt Concrete Mix Design (Super Pave)..................................................................................................... $5,000.00 each Asphalt Concrete Mix Design (Marshall).........................................................................................................$2,500.00 each Asphalt Content of Bituminous Mixtures by Hot Solvent Extraction, ASTMD 2172 (Method B)........................................................................................................................ $160.00 each Aggregate Gradation on Extracted Sample (Including Wash)............................................................................. $100.00 each Extraction (AASHTO T53)......................................................................................... ........... S225.00 each .............................. Extraction/Gradation (AASHTO T53)...................................... ........ S325.00 each Stability Tests Marshall, Pre -Mixed (ASTM D 1559).................................................................................................... $225.00 each Marshall, Lab -Mixed (ASTM D 1559)................................................................................................... $325.00 each Molding Specimens and Laboratory Density Super Pave, Hveem, Lab -Mixed (WSDOT 702)............................................ .......... $300,00 each ............................. . Marshall, Lab -Mixed (ASTM D 1559).................................................................................................... $180.00 each Maximum Theoretical Unit Weight, Rice Gravity (AASHTO T209)................................................................. S 110.00 each AsphaltConcrete Core Density.............................................................................................................................. $60.00 each Page 10 of 11 P10050P 2010 Fee Schedule -City of Port Orchard.doc 20ito Fee Schedule -- City of Port Orchard Miscellaneous Materials Tests and Equipment Charges Gypsum Roof Fill ASTM C 495 CompressionTest................................................................................................................................................... $20.00 each Density.................................................................................................................................................................. $25.00 each Fireproofing Tests Thickness, Field Sampling by Technician.............................................................. ..................................Billed at Field Rates OvenDry Density.................................................................................................... ...... $40.00/sample Cohesion(ASTM E736)....................................... ................................................................................................. $75.00 each Materialsand supplies............................................................................................................................................ Cost f 15% Equipment Air Meter (Concrete) — Pressure............................................................................................................................. $25.00/day Air Meter (Concrete) — Volumetric........................................................................................................................ $45.00/day Calibrated Torque Wrench (max. capacity 200 ft-lb)............................................................................................ S25.00/day Calibrated Torque Wrench (capacity exceeding 200 ft-lb) ..................................................................................... $50.00/day MobileLaboratory.............................................................................................................................................By Quote Mob / De -mob of the Mobile Laboratory......................................................... .....By Quote Nuclear Density Gauge / Security Fee.................................................................................................................... S15.00/day Pachotneter.............................................................................................................................................................. $65.00/day Paint Thickness Gauge (electronic)........................................................................................................................ $50.00/day Proof -load Equipment (testing of anchor bolts, no specialized fixtures)................................................................ $50.00/day SchmidtHammer.................................................................................................................................................... $50.00/day Skidmore -Wilhelm device...................................................................................................................................... $70.00/day Ultrasonic Testing Equipment (structural steel inspection)...................................................................................... $10.00/hr. Vehicle Mileage (may be billed as a trip charge at calculated mileage).................................................................. $0.60/mile WindsorProbes (set of 3)....................................................................................................................................... $45.00 each Specialized equipment for Forensic Investigation services....................................................................................... By Quote MoistureMeter........................................................................................................................................................ S70.00/day ............................ Core Machine Rental....................................................................................................... ........... $65.00/day WindsorProbe Rental............................................................................................................................................. $65.00/day Page i 1 of I 1 P 10050P 2010 Fee Schedule -City of Port Orchard.doc City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (36o) 876-4407 0 FAX (36o) 895-9029 Agenda Staff Report Agenda Item No. Business Item 7G Meeting Date: Subject: Approval of Public Event Application: Prepared by: World's Biggest Disc Golf Weekend Atty Routing No Atty Review Date April 27, 2010 Patti Kirkpatrick, CMC City Clerk NA NA Summary: Each year organizations request permission to close certain City streets; request the use of City parking lots; or use City Parks. The West Sound Disc Golf Association has submitted their application for the World's Biggest Disc Golf Weekend event for May 2, 2010, to be held at the Van Zee Park. City departments, as well as the Fire Department, have reviewed the application and have submitted their recommendations and/or comments. This Public Event Application is a new event; they have not been granted permission to host their event at the Van Zee Park previously. Recommendation: Staff recommends approving the Public Event application. Motion for consideration: I move to approve the Public Event application for the World's Biggest Disc Golf Weekend public event for May 2, 2010, to be held at the Van Zee Park. Alternatives: Deny the application or approve with conditions. Attachments: Application for Public Event City Departments and Fire Department Comments City of Port Orchard r 216 Prospect Street, Port Orchard, WA 98366 = r (36o) 876-4407 • FAX (36o) 896-9029 Al "Pi < <j Public Event Application ft""'S \ B#`P' ';J;b '� cr NOTE: Acceptance of this application by the City Cleric's Office does NOT indicate or guarantee approval of the application or the dates requested. Each application will be reviewed by City staff and Council Committee. Additional information may be requested by city personnel prior to submittal of the application to the City Council For final consideration. No statement made by city staff or elected official prior to Final consideration by the City Council shall obligate the City Council in any manner. Name of Event: �1� (5Y `,A Ne,-A �o S c- G �9 �.2;P" ,^� r WW• W g = Name of Sponsoring Organization: w��fi_-_ �i5 G C9 _ S-0 CA, Name of Person Completing This Application: L Ltrs3 pdI� �e•�- Point of Contact:_ CA� _L�� Telephoner " (awyje - City state Zip Code i y►1; [ Dates of Event (Inclusive) n _ IN Location of Event: ZE (If Event will Have Multiple Activities and Locations, List On Separate Sheet) Anticipated Number Of Exhibitors: Time Open To Public: a 1 0 U _ 4 k 0o Anticipated Number Of Visitors:? Time Open To Vendors: Closing Time: Ll i O D V,," This application form was designed for use by applicants for various types of events Please answer all questions; you may attach additional pages If necessary. 1. 2. lanes, garbage, and restroom/sani-can(s): Me :t A SYyjz :�,�r. �.eAkle'v- __ PV s • - Describe how public safety, traffic and crowd control will be provided. How many police officers do you anticipate will be needed for (1) traffic control and (2) crowd control? a 4. Describe how sanitation control (garbage and restrooms) will be provided and maintained: 5. How many participants and visitor cars are anticipated and where will parking be provided? 6. How have parking impacts bee coordinated with the neighbors (residential and/or business)? 7. Has shuttle service/park and ride lots been coordinated with Kitsap Transit? Describe locations, frequency of service and name of contact at Kitsap Transit. Attach written verification of commitment for service from lGtsap Transit: t\J0 B. Describe how fire lanes will be identified and kept open: �rr� 9. Will this event require the closure of any street? If so, list street name with date and time of requested closure: Al 0 - - — 10. If any event activity or vendor requires electrical connections or other accommodation to operate, indicate location and how you anticipate meeting their needs: -- -- W f 11. How will the event area be cleaned before, during and after the event?. __ - -- _ V a-L � _ 12, If your event requires vehicles to be towed, your organization must accept responsibility and indemnify the City of Port Orchard and other authorizing property owner(s) by agreeing to pay tow/storage charges or damage claims which result from the vehicle being towed, if a court rules In favor of the regist ner nd orders payment of such charges or damage claims. Do you accept this responsibility.? [IYes If yes, name of person responsible for rendering payment of tow/storage charges. If no, explain why:_ j�,�,-�o� _ 13. When specifying location of event activity/vendor(s), do you anticipate utilizing any area not owned or managed by the City of Port Orchard? ❑ yes 14 no If yes, the owner/manager of subjectiproertf must com&te and s! n the following: (Please ask for additional forms If multiple properties are veiny used and have different owners.) Name of property owner: Authorizing authority: Address: Signature of authorizing authority: Title: Telephone: A. If the City of Port Orchard approves this polication for public event, will your organization grant ' 'o permission for the sponsoring organn to use your property on the dates specified, for the purpose and activities described in this�ap cation? ❑ Yes ❑ No If yes, please complete the following: B. Are there any limitations (restrictions on use of ourproperty? ❑ Yes ❑ No If es lease Y yes, describe in detail: C. Do you re�ife the event sponsor list you as an Additional Named Insured and provide an insurance certifcate to/ organization prior to the event date? ❑ Yes ❑ No If yes, please indicate coverage Ij its you require for general liability, property damage and or personal injury? 14. If nature of this event requires event workers to stay overnight (such as carniv t or other event workers) where and how do you anticipate providing their lodging? If you anticipate utilizin rivate property(s) for lodging or other purposes, the owner f the subject ro s m st com fete a s� n the following: Name of properly owner: Authorizing authority: Address: Signature of authorizing i A. Are there any limitations or res idions on use of your property? El Yes ❑ No If yes, please describe in detV B. Do you require the Vent sponsor list you as an Additional Named Insured and provide an insurance certificate to you rganization prior to the event date? ❑ Yes ❑ No If yes, please ' dicate coverage limits you require for general liability, property damage and or personal injury? C. Ho will use of your property by event workers impact neighboring property owners? Describe steps at will be taken to mitigate any adverse impact(s): 15. Please provide any other information, which you believe, will assist the city in the review process: 16. INSURANCE REQUIREMENTS: Sponsoring organization must provide an insurance certificate, 10 days prior to the event, with the City of Port Orchard and other applicable parties shown as Additional Named Insured. Minimum coverage to be as follows: $1,000,000 Liability; $1,000,000 Bodily Injury { A. Can you provide this Insurance Certificate? WDT- rT 1 SIGNATURE OF APPLICANT: lam` LL. Date:.__ Z� NOTE: This section to be completed by City staff after application is submitted to the City. REVIEW AND COMMENT BY POLICE DEPARTMENT: REVIEW AND COMMENT BY FIRE DEPARTMENT: REVIEW AND COMMENT BY PUBLIC WORKS: REVIEW, AND COMMENT Bfy FINMICE DEPA TMENT:Ta r J1�� CYIt-- �S�S�-� ice' , PjL 0&-,,j+ QD El/LC R . REVIEW AND COMMENT BY PLANNING DEPARTMENT: DATE APPLICATION RECEIVED: DECISION OF CITY COUNCIL: ❑ APPROVE ❑ DISAPPROVE DATE OF DECISION: Approved By. City Clerk or Designee Revised 03103I2009 Permit Review DATE: APRIL 20, 2010 TO: CITY CLERKS OFFICE FROM: CHIEF TOWNSEND SUBJECT: SPECIAL EVENT PERMIT — DISK GOLF EVENT The Port Orchard Police Department approves of the special event permit application with the following requirements: Report any problems or suspicious activity to the Port Orchard Police immediately. Comply with all city ordinances and regulations. Ensure adequate parking. Ensure all participants/visitors park in compliance with city parking regulations. Use of Tremont Street for parking is strictly prohibited and vehicles will be subject to tow. CITY OF PORT ORCHARD Planning Department 216 Prospect Street, Port Orchard, WA 98366 Phone: (36o) 826-4991 • Fax: (36o) 876-498o planning@cityofportorchard.us www.cityofportorchard.us Date: April 19, 2010 To: Patricia Kirkpatrick, City Clerk From: James R. Weaver, City Development Director RE: 2010 Event Application: World's Biggest Disc Golf Weekend The Planning & Building Departments have reviewed the submitted 2010 Public Event application with the City of Port Orchard for the enterprise located at the address identified in the following comments. Public Event Application; World's Biggest Disc Golf Weekend Date: Sunday, May 2, 2010 Location: Van Zee Park, Port Orchard, WA Organization: West Sound Disc Golf Assoc. Comments: Planning Department has no Comments on this application. NOTE: This section to be completed by City staff after application is submitted to the City. REVIEW AND COMMENT BY POLICE DEPARTMENT: REVIEW AND COMMENT BY FIRE DEPARTMENT: REVIEW AND COMMENT BY FINANCE DEPARTMENT: REVIEW AND COMMENT BY PLANNING DEPARTMENT: DATE APPLICA!'ION RECEIVED: DECISION OF CITY COUNCIL: ❑ APPROVE ❑ DISAPPROVE DATE OF DECISION: CONDITIONS: Approved By City Clerk or Designee Revised 0310MG09