HomeMy WebLinkAbout03/06/02 AGENDA FILE
CITY COUNCIL
239 4th Street · Bremerton, Washington 98337 e(360) 478-5280 · FAX (360) 478-5251 · citycounciV~ci.brernerton.wa.us
CITY COUNCIL MEETING AGENDA
MARCH 6, 2002
1. PRE-COUNCIL STUDY SESSION: 5:00-5:30 P.M.
A. General Council Business
2. CALL TO ORDER: 5:30 P.M.
A. Pledge of Allegiance
/-%
B. Invocation
3. CONSENT AGENDA
A. Minutes of Meeting - February 20, 2002 (#AB02-041)
B. Minutes of Meeting - February 27, 2002 (#AB02-042) /
5. COUNCIL MEMBER REPORTS
6. MAYOR'S REPORT
7. PUBLIC RECOGNITION - (Comments limited to 3-minutes)
8. NEW BUSINESS
A. Contract with Yakima County for Jail Services (#AB02-043)
B. Memorandum of Understanding with Kitsap Transit and the City of Bremerton
regarding the Conference Center Project (#AB02-044)
9. PUBLIC HEARINGS: ORDINANCES: RESOLUTIONS
A. Public Hearing and Ordinance No. 4792 (Second Reading) amending Chapter
2.76 of the Bremerton Municipal Code (BMC) regarding Purchasing Procedures
(#AB02-032)
B. Resolution No. 2854 Regarding the Recovery of Fees for the Removal of
Garbage & Debris from the Property located at 1586 Naval Avenue (#AB02-045)
10. ADJOURNMENT OF MEETING
A STUDY SESSION WILL BE HELD IN THE COUNCIL CONFERENCE ROOM IMMEDIA TEL Y
FOLLOWING THE REGULAR COUNCIL MEETING FOR A STUDY SESSION TO MEET WITH
REPRESENTATIVES FROM PIERCE AND KITSAP COUNTY TO DISCUSS THE POTENTIAL
FOR DEVELOPING A "COMMUNITY ECONOMIC DEVELOPMENT CORPORATION PROGRAM"
TO PROVIDE START-UP AND BUSINESS-ENHANCEMENT LOANS TO SMALL BUSINESSES...
Equal Opportunity Employer
CITY COUNCIL MEETING
MARCH 6, 2002
SPEAKERS LIST
If you wish to make an announcement, inform the Council of an issue, or ask a general question...Please
provide information below so staff will be able to contact you.
Thank you.
NAME ADDRES S/TELEPHONE TOPIC
Reminder: The next Council Meeting will be on Wednesday, March 13TM
From: City Council
To: Cary Bozeman; Elaine Valencia; Sherril Huff-Menees
Date: Thu, Mar 7, 2002 10:30 AM
Subject: Public Recognition
During the PUBLIC RECOGNITION portion of the Council meeting last night, the following two citizens
were back for a second time looking for a response to their concerns:
JOHN THOMAS (2004 Perry Avenue, 98310 - 479-8746) - Questioned if there was a change to the City
Charter to allow the hiring of a "Deputy Mayor"; and
DON LAR$ON (P.O. Box 1302, 98337) - Again asked if the City applied for the various grants he
announced at previous meetings.
President Carol Arends remarked that if citizens leave their name, address, and phone number, someone
will get back to them.
I don't know if anyone plans to respond, or who, but I just wanted to be sure to at least report to you the
comments that were heard.
Thanks, Lori
CC: Carol Arends
AGENDA BILL
BREMERTON CITY COUNCIL
1. SUBJECT: FORAGENDA OF: Iq_ARCH 6, 20O2
ORIGINATING DEPT: CITY COUNCIL
MINUTES OF MEETING- FEBRUARY 20, 2002 ORIGINATOR: CAROL ARENDS, PRESIDENT
DATE SUBMITTED: 2 / 28 / 02
2. CLEARANCES: (Comment on back if necessary) 3. EXHIBITS:
ENDORSEMENT []~ INFORMATION I-'] APPROVED FOR SUBMITTAL BY
COUN~CIL PRESIDENT:
MAYOR:
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
5. RECOMMENDATION:
6. RESPONSIBLE OFFICIAL:
ENFORCEMENT OFFICIAL:
EXPIRATION DATE:
REVIEW DATE:
7. NOTICE OF ACTION:
PULLED ~] TABLED [--] APPROVED [-] DISAPPROVED [--] AMENDED [-~ DATE:
COUNCIL DIRECTIVE:
8. AGENDA BILL NO.: (.~,~ - O41
9. IMPACT OF NON-PASSAGE:
10. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES:
11. RESEARCH SOURCES:
TAPE #1820 UNAPPROVED DRAFT
CITY COUNCIL MEETING MINUTES
February 20, 2002
The weekly meeting of the City Council of the City of Bremerton was called to order in the City
Council Chambers, 239 4th Street, Bremerton, Washington, Wednesday, February 20, 2002, at 5:30
P.M., with Council President Carol Arends presiding. Council members present were Mike Short, Will
Maupin, Eric Younger, Mike Shepherd, Ed Rollman, Daren Nygren, Cecil McConnell, and Wayne
Olsen. Also present were City Attorney Roger Lubovich; Deputy City Clerk Paula Johnston; and
Council Liaison Lori Smith.
The meeting opened with the Pledge of Allegiance led by Council Member Cecil McConnell, followed
by the invocation provided by Major Jim Baker of the Salvation Army.
President Arends made the following announcements:
(1) The regular Pre-Council Session, which is open to the public, was held in the Council Conference
Room to discuss general Council business from 5:00 to 5:30 P.M;
(2) Wayne Olsen was appointed by the City Council to fill the interim District 1 position until the next
City General Election in 2003, and was sworn in on February 15, 2002; and
(3) Condolences were offered to Council Member Daren Nygren for the loss of his mother.
CONSENT AGENDA
A. Minutes of Meeting - February 6, 2002 (#AB02-033)
B. Purchase Services Agreement with Washington Timberland Management for Timber Harvest
Management, Marketing, and Forestry Services (#AB02-034)
C. Sole Source Bid for Equipment Restoration of Caterpillar D-6 Dozer (#AB02-035)
#0030 M/S/C/U (McConnell/Maupin) Move to approve Consent Agenda as presented.
CLAIMS/CHECK REGISTERS
Vouchers audited and certified by the auditing officer as required by RCW 42.24.080, and those
expense reimbursement claims certified as required by RCW 42.24.090 have been recorded on a
listing that had been made available to the Council.
#0050 M/S/C/U (Younger/McConnell) On February 20, 2002, the Council does approve for payment
those vouchers included and further described as follows: Check numbers 268238 through 268329 in
the amount of $312,220.56.
COUNCIL MEMBER REPORTS
Wayne Olsen stated that although he could not fill the shoes of Glenn Jarstad, he would do his best
for the voters of his District and for the City of Bremerton. He thanked all of his fellow Council
members who voted for him to fill the interim District 1 Council Member position.
Cecil McConnell welcomed back Council member Wayne Olsen.
Daren Nycjren thanked his fellow Council members, friends, and co-workers for being there to
support him during the recent death of his mother. He assured the constituents of his District that his
District 3 meeting was still going to take place on Saturday, February 23, beginning at 10:00 A.M. at
the Manette Senior Center to discuss the Bremerton School Levy and the Manette School.
TAPE #1820
City Council Reg. Mtg. Minutes
February 20, 2002
Page 2 of 4
Ed Rollman reported on the "Meth Lab Summit" that was held as part of his District 4 meeting last
night, and was very pleased that it appeared to be a very productive meeting for everyone in
attendance. He thanked everyone who participated.
Mike Shepherd invited citizens to attend the next District 5 meeting on Thursday, February 28,
beginning at 6:30 P.M. at Memorial Lutheran Church located at 10th & Veneta to discuss an "Update
on the Fire Department & Emergency Services".
Eric Younger expressed his excitement at seeing participation by members of the City Council at the
"Meth Lab Summit" hosted by District 4 Council member Ed Rollman, since this seems to be a
serious problem in our community. He also reported his attendance at a "Shaping Bremerton
Workshop", and encouraged anybody who is interested in the future development of Bremerton to
attend one of the upcoming workshops.
Will Maupin reported on the joint District 8 & 9 meeting held last night, and was encouraged at the
number of interested citizens who attended to hear the presentations and provide feedback.
Mike Short added that Dri Ralph of the Planning Department was in attendance to provide an
overview of the purpose for the "Shaping Bremerton Workshops", and stressed to the citizens that
they each need to take the opportunity to provide their direct input at these forums.
Carol Arends announced her attendance at several of the meetings already discussed, as well as
the KRCC Transportation Policy Board meeting yesterday with Council member Mike Short.
MAYOR'S REPORT
Mayor Bozeman welcomed back Council member Wayne Olsen; and offered condolences to Council
member Daren Nygren at the loss of his mother.
· Referring to what he learned at Ed Rollman's "Meth Lab Summit", he offered to work with the
Council this year to address how the City could work with homeowners to make them do a better
job screening their renters, and holding them responsible for what goes on in these houses.
· He provided copies of the report "Economic Stimulus Packacte Request from Bremerton
Washington", which contained details of the projects that he would be proposing in Olympia in the
next few days, and discussed his plans to seek funding for these projects.
PUBLIC RECOGNITION
H. Emily Moshay invited the public to attend the "Salad Bowl Sunday" event to celebrate diversity in
our community on February 24, beginning at 4:00 P.M. at the Kitsap Pavilion.
Dennis Rickabaugh asked when Otto Jarstad Park would be reopened to the public; and suggested
the City could use "hovercrafts" to solve the problems caused by the foot ferries. Don Larson
commented that the "hovercraft" would create too large of a spray for use through Rich Passage.
Larry Dickerson asked questions regarding an article in The SUN that talked about the City of
Bremerton contracting with the City Yakima to provide jail services; and asked the City Administration
to officially state the City's "stance on crime". Roger Lubovich indicated that an Agenda Bill is
currently being processed to contract jail services with the City of Yakima.
TAPE #1820
City Council Reg. Mtg. Minutes
February 20, 2002
Page 3 of 4
Don Larson announced that a brief report on Marine Protected Areas was provided by Mary Lou
Mills from the Department of Fish & Wildlife at the Scuba Alliance Meeting on February 9, and stated
that she was willing to provide this same presentation to the Council at a future meeting.
Susan Lavelle, thanked the Mayor, Council members, and residents & voters of District 1 for the
kindness and support shown to her dad, Glenn Jarstad. President Arends presented gifts - a video
tape from the one Council meeting that Glenn was able to attend, as well as the video tape from the
meeting following Glenn's death, when Will Maupin led the community in a moment of silence in his
honor. June Jarstad read a letter to express the appreciation of her and her family.
Natacha Sesko provided an update on the abatement process of her property.
8A - APPROVAL OF BUDGET ADJUSTMENT NO. 2002-02 TO ADD ONE POSITION AND
UPGRADE ANOTHER POSITION IN THE COMMUNITY DEVELOPMENT DEPARTMENT;
BUDGET ADJUSTMENT NO. 2002-03 TO INCREASE THE SALARY FOR THE MUNICIPAl
COURT JUDGE: AND BUDGET ADJUSTMENT NO. 2002-04 TO ADD A PUBLIC ACCESS
MANAGER (#AB02-036): Rich Hanna, City Treasurer, announced that this agenda bill includes
three separate proposed adjustments to the 2002 budget. The first budget adjustment proposes the
addition of one position and an upgrade to another position in the Community Development
Department, funded from existing extra-help appropriations. The second budget adjustment
proposes to increase the salary of the Municipal Court Judge as authorized by ordinance with the
increase funded from existing appropriations. The final budget adjustment proposes to add a Public
Access Manager position to the budget with % of the cost funded from existing appropriations of the
Community Access Television Fund, and the remaining ¼ funded from increased appropriations in
the General Fund.
There were no comments from the public.
#1353 M/S/C/U (Shepherd/Maupin) Move to approve Budget Adjustment Request No. 2002-02.
#1373 M/S/C/U (YoungedMaupin) Move to approve Budget Adjustment Request No. 2002-03
#1426 M/S/C/U (Younger/Short) Move to approve Budget Adjustment Request No. 2002-04.
9A- PUBLIC HEARING AND ORDINANCE NO. 4791 (SECOND READING) REGARDING
SALARY FOR MUNICIPAL COURT JUDGE (#AB02-031): The first reading of this ordinance was
heard on February 13, 2002.
There were no comments from the public.
#1463 M/S/C/U (McConnell/Olsen) Move to pass Ordinance No. 4791 on second reading.
With no further business, the Council meeting was adjourned at 6:21 P.M.
TAPE #1820
City Council Reg. Mtg. Minutes
February 20, 2002
Page 4 of 4
Prepared and Submitted by:
LORI SMITH, Council Liaison
Attest:
PAULA JOHNSTON, Deputy City Clerk
CAROL ARENDS, City Council President
City of Bremerton
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AGENDA BILL
BREMERTON CITY COUNCIL
1. SUBJECT: FORAGENDA OF: I*IARCH 6, 2002
ORIGINATING DEPT: CITY COUNCIL
MINUTES OF MEETING- 2/27/02 ORIGINATOR: CAROL ARENDS, PRESIDENT
DATE SUBMITTED: 2/28/02
2. CLEARANCES: (Comment on back ifnecessm2g) 3. EXHIBITS:
ENDORSEMENT [~] iNFORMATION [--] APPROVED FOR SUBMITTAL BY
COUNCIL PRESIDENT: ~
MAYOR: ~ ~/~-w_>~..w'd- J"'
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
5. RECOMMENDATION:
6. RESPONSIBLE OFFICIAL:
ENFORCEMENT OFFICIAL:
EXPIRATION DATE:
REVIEW DATE:
7. NOTICE OF ACTION:
PULLED [-] TABLED [--] APPROVED ['-] DISAPPROVED ~] AMENDED [-~ DATE:
COUNCIL DIRECTIVE:
0,2- -
8. AGENDA BILL NO ·
9. IMPACT OF NON-PASSAGE:
10. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES:
11. RESEARCH SOURCES:
TAPE #1821 UNAPPROVED DRAFT
CITY COUNCIL MEETING MINUTES
February 27, 2002
The weekly meeting of the City Council of the City of Bremerton was called to order in the City
Council Chambers, 239 4th Street, Bremerton, Washington, Wednesday, February 27, 2002, at 5:30
P.M., with Council President Carol Arends presiding. Council members present were Mike Shod, Will
Maupin, Ed Rollman, Daren Nygren, Cecil McConnell, and Wayne Olsen. Council Members Eric
Younger and Mike Shepherd were absent. Aisc present were City Attorney Roger Lubovich; Deputy
City Clerk Paula Johnston; and Council Assistant Christine Grenier Ellingson.
The meeting opened with the Pledge of Allegiance led by Council Member Cecil McConnell, followed
by the invocation provided by Council Member Daren Nygren.
President Arends made the following announcements:
(1) The regular Pre-Council Session, which is open to the public, was held in the Council Conference
Room to discuss general Council business from 5:00 to 5:30 P.M; and included a closed-door
Executive Session from 5:05 to 5:15 P.M. to discuss "LITIGATION"; and
(2) There will be a Study Session in the Council Conference Room following the Council meeting to
discuss "CODE COMPLIANCE TASK FORCE-PROBLEM PROPERTIES" and "REVISION AND ADOPTION OF
NEW ORDINANCES TO ADDRESS PROBLEMS WITHIN THE COMMUNITY" APPLICATIONS FOR
APPOINTMENT".
CONSENT AGENDA
A. Minutes of Meeting - February 13, 2002 (#AB02-037)
B. Resolution No. 2853 Adopting Road Maintenance Plan for Water Utility Forest Lands (#AB02-
038)
#0015 M/S/C/U (McConnell/Olsen) Move to approve Consent Agenda as presented.
CLAIMS/CHECK REGISTERS
Vouchers audited and certified by the auditing officer as required by RCW 42.24.080, and those
expense reimbursement claims certified as required by RCW 42.24.090 have been recorded on a
listing that had been made available to the Council.
#0050 M/S/C/U (McConnell/Rollman) On February 27, 2002, the Council does approve for payment
those vouchers included and further described as follows: Check numbers EFT 6935, and 268339
through 268598 in the amount of $1,119,033.82; and Regular Payroll in the amount of $849,248.31
for the period ending February 15, 2002; and Retiree Payroll in the amount of $166,464.19 for the
period ending February 28, 2002.
COUNCIL MEMBER REPORTS
Will Maupin reported that as a member of the Smart Growth Coalition, he attended the meeting on
Monday when the County Commissioners adopted the Smart Growth Goals for the future of Kitsap
County. He also attended "Salad Bowl Sunday" in honor of Black History Month, and commented the
event was well attended. He thanked everyone involved in planning this event.
Ed Rollman with respect to Black History Month, he commended all the citizens of Bremerton who
have contributed to the community; announced the First Friday Art Walk to be held this week on
March 1st; thanked the 'Bremerton Patriot' for their coverage of his "Meth Lab Summit" and lastly,
announced that Main Street Association was sponsoring a St. Patrick's Day Parade March 16.
TAPE #1821
City Council Reg. Mtg. Minutes
February 27, 2002
Page 2 of 4
Daren Nygren thanked Mike Shepherd and Mayor Bozeman for covering his district meeting in his
absence.
Wayne Olsen reported on a meeting that he and Cecil McConnell attended last evening where the
Sylvan Meadows Development Company discussed a new development at the end of Sylvan Way.
He commended the developers for communicating with homeowners regarding ongoing projects so
concerns can be addressed early in the process.
Carol Arends stated that she has attended a number of meetings this week, including the recent
Public Facilities District meeting to discuss Bremerton's role in community improvements. She also
announced that she will also be attending PSRC and KRCC meetings; and encouraged citizens to
attend the upcoming First Friday Art Walk downtown.
MAYOR'S REPORT
Mayor Bozeman provided a handout regarding downtown revitalization, and provided comment on
what he described as the "real economic picture" of Bremerton, and what our preferred future might
look like. Major concerns included a Iow percentage of home ownership, lack of capital projects,
ability to meet basic service needs of citizens, and a high crime rate. Economic growth and
strengthening neighborhoods would improve the quality of life as well as welcome investment to the
City. Proposed investment over the next 5 years would be in the range of $139 million to $149
million. Components of improvement would include a public safety building, Conference Center,
Government Center, waterfront condominiums, Maritime Park, expanded marina, East Park
development, and West Park redevelopment.
PUBLIC RECOGNITION
Tim Arnold of the Economic Development Council, provided an update on current issues covering
telecommunications, marketing research, and an information database for prospective developers.
Don Larson, Kitsap Diving Association, announced that April 15, 2002 was the deadline for NOAA
grant fund applications; and provided literature that demonstrated examples of marine protected
areas.
8A - SUPPLEMENTAL AGREEMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH
CAMP DRESSER AND MCKEE, INC. FOR FINAL DESIGN OF WESTSIDE CSO TREATMENT
FACILITY (#AB02-039): Gene Sampley, Director of Public Works & Utilities, emphasized that Camp
Dresser McKee (CDM) is currently under a Professional Services Agreement (PSA) for preparation of
the City's Comprehensive Sewer Plan Update and Facility Plan for the Westside CSO Treatment
Facility, a facility required in the City's CSO Reduction Plan. The Facility Plan is nearing completion
and final design of the facility is required. CSM designed the Eastside CSO Treatment Plan, and it is
in the best interest of the City to have this design prepared by the same firm. The attached
Supplemental Agreement No. 1 to the PSA has been negotiated for CDM's continued professional
service for final design services. The action before City Council is approval of Supplemental
Agreement No. I to the Professional Services Agreement with Camp Dresser McKee, Inc. in the
amount of $250,000 to a total contract amount of $651,586.
There were no comments from the public.
TAPE #1821
City Council Reg. Mtg. Minutes
February 27, 2002
Page 3 of 4
#0965 M/S/C/U (Short/Maupin) Move that Council approve Supplemental Agreement No. 1 to the
Professional Services Agreement with Camp Dresser McKee, Inc. City Project ID No. 570, in the
amount of $250,000 to a total contract amount of $651,586, and authorize the Mayor to execute the
same.
8B - AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH URS
CONSTRUCTION SERVICES FOR WB-6 PUMP STATION (#AB02-040): Gene Sampley, Public
Works & Utilities Director, stated that after evaluation of qualified consultants, the City executed a
Professional Services Agreement (PSA) with URS Construction Services to provide construction
management services for the construction of CSO Improvements for the Callow Basin Priority 5
Project. This amendment to the PSA adds scope and budget to provide construction management
services for the WB-6 Pump Station Project. The requested action before the City Council is approval
of Amendment No. 1 to the Professional Services Agreement with URS Construction Services.
There were no comments from the public.
#1040 M/S/C/U (Maupin/Rotlman) Move to approve Amendment No. 1 to the Professional Services
Agreement with URS CONSTRUCTION SERVICES, INC. for $201,550 and authorize the Mayor to execute
the same.
9A - PUBLIC HEARING AND ORDINANCE (FIRST READING) AMENDING CHAPTER 2.76 OF
THE BREMERTON MUNICIPAL CODE REGARDING PURCHASING PROCEDURES (#AB02-032):
Mayor Bozeman pointed out that 1) the requirement to obtain Committee Chair approval for
Professional Services expenditures in excess of $1,000 and Council President's approval for
Professional Services expenditures in excess of $10,000 creates additional work for City Council, City
Departments, and the Purchasing Division. Council should amend this procedure such that
professional and purchased services costing less than $10,000 must be authorized and determined
by the respective Department Head; professional and purchased services costing $10,000 or more,
but less than $20,000 must be authorized by the Mayor; and any professional or purchased service
costing $20,000 or more must be authorized by City Council; and 2) State Guidelines have been
followed regarding Small Works Roster projects. This change is a housekeeping move to bring the
City back in line with the latest RCW limitations for such projects. City Attorney Roger Lubovich
clarified that the proposed change does not deal with products and goods, but does deal with
services such as legal counsel. This ordinance would make changes that would be in line with the
Revised Code of Washington (RCW).
There were no comments from the public.
Roger Lubovich elaborated on how the proposed changes would affect the small works roster,
which has been raised from $100,000 to $200,000 per RCW. Will Maupin added that the changes
proposed in this ordinance would greatly simplify the acquisition procedures, and further expressed
his support for the change that would allow the Mayor to again approve Professional Service
Agreements up to $20,000 to make it easier to conduct City business. It was also established that
Council would still be kept informed about what money is being spent at all times. Mike Short
agreed, an added that this will give the opportunity back to the Managers to manage.
#1270 M/S/C/U (Olsen/McConnell) Move to approve an ordinance amending BMC Chapter 2.76 on
first reading.
TAPE #1821
City Council Reg. Mtg. Minutes
February 27, 2002
Page 4 of 4
With no further business, the Council meeting was adjourned at 6:16 P.M. The Council reconvened
in the Council Conference Room for an open Study Session to discuss "CODE COMPLIANCE TASK
FORCE-PROBLEM PROPERTIES" and "REVISION AND ADOPTION OF NEW ORDINANCES TO ADDRESS
PROBLEMS WITHIN THE COMMUNITY" APPLICATIONS FOR APPOINTMENT".
Prepared and Submitted by:
LORI SMITH, Council Liaison
Attest:
PAULA JOHNSTON, Deputy City Clerk
CAROL ARENDS, City Council President
City of Bremerton
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AGENDA BILL
BREMERTON CITY COUNCIL
1. SUBJECT:
Contract with Yakima County for FOR AGENDA OF: March ~ , 2002
Jail services. ORIGINATING DEPT: Municipal Court
ORIGINATOR: Judge Docter
DATE SUBMITTED: February 27, 2002
2. CLEARANCES: comment on back 3. EXHIBITS:
Police Chief/~~~
City Attorn~y~~_~· ,~-~-~,~-- -- Contract
Fiscal and Bud~~.~[~j.~-
ENDORSEM~ IN~ APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL:
MAYOR ~ COUNCIL PRESIDENT
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
The attached contract with Yakima County provides for bed space in the
Yakima County Jail for offenders sentenced in Bremerton Municipal Court.
The daily rates are set out in the contract. The contract will provide
jail space that is currently unavailable for certain offenses.
8. RECOMMENDATION:
Motion to approve the contract for services.
9. RESPONSIBLE OFFICIAL: Judge and
ENFORCEMENT OFFICIAL: Police Chief
EXPIRATION DATE: 60 days notice
REVIEW DATE:
10. NOTICE OF ACTION
PULLED TABLED APPROVED DISAPPROVED
COUNCIL DIRECTIVE: DATE:
1i. AGENDA BILL NO:
2. CLEARANCE COMMENTS (cont.):
4. SUMMARY STATEMENT (cont.):
5. IMPACT ON NON-PASSAGE:
6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES
The cost for the care and custody of prisoners falls within the budget of
the Bremerton Police Department. However the Court has a direct and
potentially dramatic impact on the amount of funds expended on jail beds.
A large increase in the use of jail space could adversely impact the
Police budget and jeopardize other programs within the Police Department.
The use of beds in Yakima will enable the Court to incarcerate more
offenders, at a lower daily cost than at the Kitsap County jail. The daily
rate (set out in the contract) decreases as the number of inmates referred
to Yakima from Kitsap County increases.
AGREEMENT BETWEEN YAKIMA COUNTY, WASHINGTON
AND CITY OF BREMERTON, WASHINGTON, FOR THE HOUSING OF INMATES
IN THE YAKIMA COUNTY JAIL
THIS AGREEMENT is made and entered into on this __ day of 2002
by and between the City of Bremerton, hereinafter referred to as "The City", and the Board of
County Commissioners of Yakima, County, Washington, hereinafter referred to as "Yakima
County" for the department of corrections, each party having been duly organized and now
existing under the laws of the State of Washington.
WITNESSETH:
WHEREAS, Yakima County is authorized by law to operate a jail and the City of
Bremerton is authorized by law to operate a jail:
WHEREAS, the City wishes to designate the Yakima County jail as a place of
confinement for the incarceration of one or more inmates lawfully committed to the City's
custody; and
WHEREAS, the Director of the Corrections of Yakima County is desirous of accepting
and keeping in his/her custody such inmate(s) in the Yakima County jail for a rate of
compensation mutually agreed upon by the parties hereto; and
WHEREAS, RCW 39.34.080 and other Washington law, as amended, authorizes any
county to contract with any city to perform any governmental service, activity or undertaking
which each contracting jurisdiction is authorized by law to perform; and
WHEREAS, the governing bodies of each of the parties hereto have determined to enter
into this Agreement as authorized and provided for by RCW 39.34.080 and other Washington
law, as amended,
NOW, THEREFORE, in consideration of the above and foregoing recitals, the payments
to be made, the mutual promises and covenants herein contained, and for other good and valuable
consideration, the parties hereto agree as follows:
1. GOVERNING LAW
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 inmate's confinement pursuant to this Agreement.
Agreement Between Yakima County/City of Bremerton Page I of 9
2. DURATION
This Agreement shall enter into full force and effect fi.om the effective date hereto and end
December 31, 2002, subject to earlier termination as provided by Section 3 herein. This
agreement may be renewed for like successive periods by written addendum under such terms and
conditions as the parties may determine. Nothing in this Agreement shall be construed to make it
necessary for the City to have inmates housed in Yakima County continuously.
3. TERMINATION
(a) By either party. This Agreement may be terminated by written notice from either
party to the other party delivered by regular mail to the contact person identified herein, provided
that termination shall become effective sixty (60) days after receipt of such notice. Within said
sixty (60) days, the City agrees to remove its inmate(s) fi.om the Yakima County jail.
(b) By the City due to lack of funding. The obligation of the City to pay Yakima
County under the provision of this Agreement beyond the current fiscal year is expressly made
contingent upon the appropriation, budgeting availability of sufficient funds by the City of
Bremerton. In the event that such funds are not budgeted, appropriated or otherwise made
available for the purpose of payment under this Agreement at any time after the current fiscal
year, then the City shall have the option of terminating the Agreement upon written notice to
Yakima County, except that all services provided to that point shall be compensated at the agreed
rate. The termination of this Agreement for this reason will not cause any penalty to be charged
to the City.
(c) Compensation Due for Services Rendered. In the event of termination of this
agreement for any reason, the City shall compensate Yakima County in the same manner, and at
the same rates as if this agreement had not been terminated should any City inmates remain
housed by Yakima County, after notice of such termination.
4. MAIL1NG ADDRESSES
All notices, reports, and correspondence to the respective parties of this Agreement shall
be sent to the following:
Yakima County: Yakima County Dept. of Corrections and Security
111 North Front Street
Yakima, WA 98901
Contact Person: Kenneth A. Ray, Director 50%574o1704
Agreement Between Yakima County/City of Bremerton Page 2 of 0
City of Bremerton: City of Bremerton Court Administrator
239 Fourth Street
Bremerton, WA 98337
Contact Person: Penny Hill, Court Administrator 360-478-5989
5. COMPENSATION
(a) Rates. Yakima County agrees to perform one (1) transport per week between the
Yakima County Department of Corrections and the City of Bremerton, or such other location as
designated by the City in order to transport Bremerton inmates to and fi.om the City, and, accept
and house the City inmates for compensation per day per inmate without a booking fee, at the
rates provided in the table below
Calendar Year 2002 Daily Rates
Monthly Average Daily Daily
Population (City of Rate Per
Bremerton inmates in Inmate
Yakima County Jail)
As Agreed Up to 5 $50
6 - 25 $49
26 - 45 $48
46 - 84 $47
85 + $46
The City of Bremerton will be allowed to combine their monthly average daily population
(MADP) with that of other jurisdiction's inmates picked up at Bremerton, Port Orchard or the
Kitsap County Jail, to determine the MADP for the purposes of billing.
(b) Additional Transports. Yakima County agrees to perform one (1) additional
weekly transport at no additional charge to the City when the number of inmates ready and
waiting to be transported to Yakima County for the City of Bremerton or another Kitsap County
jurisdiction, constitutes a minimum of 3 (three) inmates or other jurisdictions housing inmates at
the Kitsap County Jail constitutes a minimum of 3 (three) inmates.
(c) Billing and payment. Yakima County agrees to provide the City with an itemized
bill listing all names of inmates who are housed, the case or citation number, the number of days
housed including the date and time booked into Yakima County and the date and time released
from Yakima County, and the dollar amount due for each. Yakima County agrees to provide said
bill on or about the 10th of each month. The City agrees to make payment to Yakima County on
or about thirty (30) days from the date the bill is received.
Agreement Between Yakima County/City of Bremerton Page 3 of c)
6. RIGHT OF INSPECTION
The City shall have the right to inspect, at all reasonable times, all Yakima County jails in
which inmates of the City are confined in order to determine if such jail maintains standards of
confinement acceptable to the City and that such inmates therein are treated equally regardless of
race, religion, color, creed or national origin. Yakima County shall be obligated to manage,
maintain and operate its facilities consistent with all applicable federal, state and local laws and
regulations.
7. INMATE ACCOUNTS
Yakima County shall establish and maintain an account for each inmate received from the
City and shall credit to such account all money which is received and shall make disbursements,
debiting such account in accurate amounts for the inmate's personal needs. Disbursements shall
be made in limited amounts as are reasonably necessary for personal maintenance. Yakima County
shall be accountable to the City for such inmate funds. At either the termination of this
Agreement, the inmate's death, release from incarceration or remm to either the City or indefinite
release to the court, the inmate's money shall be transferred to the inmate's account in care of the
City. If requested by the City, Yakima County Department of Corrections will return said inmate
reimbursement to the City in the form of a check in the name of each inmate eligible for said
reimbursement.
8. RESPONSIBILITY FOR INMATE'S CUSTODY
It shall be the responsibility of Yakima County to confine the inmate or inmates; to
provide treatment, including the furnishing of subsistence and all necessary medical and hospital
services and supplies; to provide for the inmates' physical needs; to make available to them
programs and/or treatment consistent with their individual needs; to retain them in said custody;
to supervise them; to maintain proper discipline and control; to make certain that they receive no
special privileges and that the sentence and orders of the committing court in the State are
faithfully executed; provided that nothing herein contained shall be construed to require Yakima
County, or any of its agents, to provide treatment, facilities or programs for any inmates confined
pursuant to this Agreement, which it does not provide for similar inmates not confined pursuant
to this Agreement.
Except as provided in Section 12, it is expressly understood that Yakima County shall not
be authorized to transfer custody of any inmate confined pursuant to this agreement to any parry
other than the City, or to release any inmate from custody without written authorization from the
committing court.
Agreement Between Yakima County/City of Bremerton Page 4 of 9
9. MEDICAL SERVICES
(a) Inmates from the City shall receive such medical, psychiatric and dental treatment
as may be necessary to safeguard their health while housed in the Yakima County jail. Yakima
County shall provide or arrange for the providing of such medical, psychiatric and dental services.
Except for routine minor medical services, the City shall pay directly or reimburse Yakima County
for all costs associated with the delivery of any emergency and/or major medical service provided
to the City inmates.
(b) Yakima County shall keep an adequate record of all such services. The City will
be able to review at its request any medical or dental services of major consequence. Yakima
County will report to the City any medical or dental services of a major consequence as soon as is
practical.
(c) Should medical or dental services require hospitalization, the City agrees to
compensate Yakima County dollar for dollar any amount expended or cost incurred in providing
the same; provided that, except in emergencies, the City will be notified either by phone or fax
prior to the inmate's transfer to a hospital or the administrating of major medical services and
nothing herein shall preclude the City fi.om retaking the ill or injured inmates.
10. DISCIPLINE
Yakima County shall have physical control over and power to execute disciplinary
authority over all inmates of the City. However, nothing contained herein shall be construed to
authorize or permit the imposition of a type of discipline prohibited by state or federal law or the
imposition of a type of discipline that would not be imposed on an inmate who is not confined
pursuant to this contract.
11. RECORDS AND REPORTS
(a) Before or at the time of delivery of each inmate, the City shall forward to Yakima
County a copy of all inmate records pertaining to the inmate's present incarceration at the
Bremerton City Jail, or the Kitsap County Correctional Facility. If additional information is
requested regarding a particular inmate, the parties shall mutually cooperate to provide any
additional information.
(b) Yakima County shall keep all necessary and pertinent records concerning such
inmates in the manner mutually agreed upon by the parties hereto. During an inmate's
confinement in Yakima County, the City shall, upon request, be entitled to receive and be
furnished with copies of any report or record associated with said inmate(s) incarceration.
Agreement Between Yakima County/City of Bremerton Page 5 of 9
12. REMOVAL FROM THE JAIL
Except for eligible inmates for correctional work details and under the direct supervision
ora corrections officer, an inmate of the City legally confined in Yakima County shall not be
removed therefiom by any person without written authorization fiom the City or by order of any
court having jurisdiction. Yakima County agrees that no early releases or alternatives to
incarceration, including furloughs, passes, home detention, or Work Release shall be granted to
any inmate housed pursuant to this Agreement without written authorization by the committing
court. This paragraph shall not apply to an emergency necessitating the immediate removal of the
inmate for medical, dental, psychiatric treatment or other catastrophic condition presenting an
eminent danger to the safety of the inmate or to the inmates or personnel of Yakima County. In
the event of any such emergency removal, Yakima County shall inform the City of the
whereabouts of the inmate or inmates so removed, at the earliest practicable time, and shall
exercise all reasonable care for the safe keeping and custody of such inmate or inmates.
13. ESCAPES
In the event any City inmate shall escape fiom Yakima County's custody, Yakima County
will use all reasonable means to recapture the inmate. The escape shall be reported immediately
to the City. Yakima County shall have the primary responsibility for and authority to direct the
pursuit and retaking of the inmate or inmates within its own territory. Any cost in connection
therewith shall be chargeable to and borne by Yakima County; however, Yakima County shall not
be required to expend unreasonable amounts to pursue and return inmates fi:om other states or
other counties.
14. DEATH OF AN INMATE
(a) In the event of the death of a City inmate, the Yakima County Coroner shall be
notified. The City shall receive copies of any records made at or in connection with such
notification. Yakima County will investigate any death within its facility and will allow the City to
join in on the investigation.
(b) Yakima County shall immediately notify the City of the death of a City inmate,
furnish information as requested and, subject to the authority of the Yakima County coroner.
follow the instructions of the City with regard to the disposition of the body. Written notice shall
be provided within three-week days of receipt by the City of notice of such death. All expenses
relative to any necessary preparation of the body and shipment charges shall be paid by the City.
With the City's consent, Yakima County may arrange for burial and all matters related or
incidental thereto, and all such expenses shall be paid by the City. The provisions of this
paragraph shall govern only the relations between or among the parties hereto and shall not affect
the liability of any relative or other person for the disposition of the deceased or for any expenses
connected therewith.
Agreement Between Yakima County/City of Bremerton Page 6 of 0
o2,0
(c) The City shall receive a certified copy of the death certificate for any of its inmates
who have died while in Yakima County custody.
15. RETLrRNOFINMATES
In event the confinement of any City inmate is terminated for any reason by either party,
return of inmates shall be coordinated in the same manner and at the same rates as if this
agreement had not been terminated, or in a manner as agreed in writing by the parties.
16. HOLD HARMLESS AND INDEMNIFICATION
(a) The City shall defend, indemnify and hold harmless Yakima County, its officers, agents
and employees fi:om any claim, cost, judgment or damages, including attomeys' fees, arising fi:om
the City's performance under this agreement: provided that any such claim, cost, judgment or
damage does not arise out of or in any way result from any allegations of any intentional, willful
or negligent act or omission on the part of Yakima County or any officer, agent or employee
thereof.
(b) Yakima County shall defend, indemnify and hold harmless the City, its officers,
agents and employees from any claim, cost, judgments or damages, including attorneys' fees,
including third party claims, arising out of Yakima County's performance under this agreement
including any action or omission of Yakima County, its officers, agents, independent contractors,
or employees while said persons are in the custody of Yakima County, or for any wrongful release
of inmates placed in their custody, or for any claim by its employees, agents or independent
contractors that may be asserted against the City.
(c) Inmates shall become the responsibility of Yakima County at the point that the
inmate(s) is booked into Yakima County jail (or) when the inmate(s) has been released to the
care, custody and control of Yakima County, including without limitation the point at which
Yakima County or its agents picks up inmates or transports inmates as in Section 5, whichever
occurs first. Yakima County shall hold the City harmless under the terms of this section for all
claims arising out of the detention of the inmate(s). Accordingly, Yakima County shall be held
harmless by the City under the terms of this agreement, for claims arising out of the arrest of the
inmate(s), or arising out of any situation occurring prior to the time that Yakima County assumes
responsibility for the inmate(s).
17. INS UR.adNCE
(a) Each party agrees to provide the other with evidence of insurance coverage, in the
form of a certificate of insurance from a solvent insurance provider and/or a letter confirming
coverage from a solvent insurance pool, which is sufficient to address the insurance and
indemnification obligations set forth in this A~eement;
Agreement Between Yakima County/City of Bremerton Page 7 of 9
(b) Each party shall obtain and maintain coverage in minimum liability limits of one
million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) in the aggregate
for its liability exposures, including comprehensive general liability, errors and omissions, auto
liability and police professional liability. The insurance policy shall provide coverage for those
events that occur during the term of the policy, despite when the claim is made.
18. RIGHT TO REFUSE INMATE (S)
(a) Yakima County shall have the right to refuse to accept any inmate from the City
when, in the opinion of Yakima County, its inmate census is at capacity or so near capacity that
there is a substantial risk that, through usual operation of the jail, the reasonable operational
capacity limits of the jail might be reached or exceeded.
(b) Yakima County shall further have the right to refuse to accept any inmate from the
City who, in the judgment of Yakima County, has a current illness or injury which may adversely
affect the operations of the Yakima County jail, has a history of serious medical problems,
presents a substantial risk of escape, or presents a substantial risk of injury to other persons or
property.
(c) Except as provided in Section 5 (a) and (b), Yakima County shall further have the
right to refuse to keep any inmate from the City as provided in Section 18 of subsection (b), and
any transport returned to the City as a result of Section 18 shall be at the expense of the City
unless otherwise agreed upon in writing.
19. MISCELLANEOUS
(a) In providing services under this contract, Yak/ma County is an independent
contractor and neither it nor its officers, agents or employees are employees of the City for any
purpose, including responsibility for any federal or state tax, industrial insurance or Social
Security liability. Neither shall the provision of services under this contract give rise to any claim
of career service or civil service rights, which may accrue, to an employee of the City under any
applicable law, rule or regulation.
Agreement Between Yakima County/City of Bremerton Page 8 of 9
IN WITNESS WHEREOF, the above and foregoing Agreement has been executed in
duplicate by the parties hereto and made effective on the day and year first above written:
CITY OF BREMERTON, WA BOARD OF YAKIMA COUNTY
COMMISSIONERS
By: By:
Cary Bozeman, Mayor Ronald F. Gamache, Chairman
Approved as to Form:
By:
Roger Lubovich, City Attorney 360-478- Jesse S. Palacios, Commissioner
2335
James M. Lewis, Commissioner
Attest:
Carla M. Ward
Clerk of the Board
Date:
Approved as to Form:
RONALD S. ZIRKLE, Yakima County
Chief Deputy Prosecutor
Date:
Mod lin Ren~on/Blamea~Port Orchard mod 122101
Agreement Between Yakima County/City of Bremerton Page 9 of 9
AGENDA BILL
BREMERTON CITY COUNCIL
1. SUBJECT: Kitsap Transit/City of Bremerton FOR AGENDA OF: March 6, 2002
Memorandum of Understanding ORIGINATING DEPT: Executive
ORIGINATOR: Mayor Bozeman
DATE SUBMITTED: February 28, 2002
2. CLEARANCES: (Comment on back if necessary) 3. EXHIBITS:
[~e.~.r-~ 6k~ff O~e,'-cc~'~a_~ ~c~4~c~ Memorandum of Understanding
~ ~ APPROVED FOR SUBMITTAL BY
~ COUNCIL PRESIDENT:
MAYOR: ~,~
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
The Memorandum of Understanding is initial phase agreement between the City and Kitsap Transit to
cooperatively proceed through the RFP process for the development of properties between First and Second
Street east of Washington Avenue including parking, retail, office space, conference center, hotel, restaurant
and residential. It also addresses easement and financial contribution issues.
5. RECOMMENDATION:
Move that the City Council concur with and approve the Mayor, on behalf of the City, signing the
Memorandum of Understanding between Kitsap Transit and the City of Bremerton for the RFP and schematic
design phase of development to the Conference Center project. The agreement is incorporated into this motion
by reference.
6. RESPONSIBLE OFFICIAL:
ENFORCEMENT OFFICIAL:
EXPIRATION DATE:
REVIEW DATE:
7. NOTICE OF ACTION:
PULLED [] TABLED [] APPROVED [-'] DISAPPROVED ~-~ AMENDED [] DATE:
COUNCIL DIRECTIVE: ~ ~
fl..AGENDA BILL NO.:
9. IMPACT OF NON-PASSAGE:
10. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES:
11. RESEARCH SOURCES:
MEMORANDUM OF UNDERSTANDING
City Conference Center Project and BTC Phase D Project
This Memorandum Of Understanding (the "Agreement") is made by and between the City
SECTION ONE
Recital~ And Preliminary Agreements
!. ! Be~ '_m 1995, the City. _and Asap Tr _ans_'_xt and oth._~ emifies __have been_ wor_ _king
together to seek an, innovative and integrated redevelopment ofportior~ oft,he central
waterfront City of Bmmerton. Initially, this project was knowxa as ~ "Sinclak Land-;rig
Project", hereafter, the "Master Project". Due to its proximity to the Washington
Fe,Ty terminal, the "Master Project" was intended to include "transit-oriented
development", which would inchfie a number of public and private fearttres, ilmluding
new transit center, office space, retail uses, restaurants, a hotel residential units, theatre,
museums, maritime attractions, a 0ffblic waterfront park and_momenade, plaza and access
co~.d_or~ to t__he central waterfront and tr_ans~ center, public ~p~.king fac'_fiit_ie_s,
irn~_rov_enm__ n._ts and_ similar publi¢~ private and mixed use vublic and. m-irate orojeet
1.2 An essential component of the Master Project was the development of an imermodel
transportation center to include transit, passenger only and ear ferry ser~4ce, commuter
ret~ facilities, other uses and sirnflat features. This element of the Idaster Project is
known as the "Bremerton Trausponafion Center" or "BTC" and specifically contemplated
the construction of a building for commuter-ofiemed retail use and office use, lmawn as
the "Commuter Retail Bnildin~' or "CRB Building".
1.3 Kitsap Transk was desiEmated as the lead agency ~o complete the BTC component, The
BTC c, ompon~nt -,vas to be- undertaken in phases. The Federal Transit A&Tfinistration
("FT_.4.') and Slate of Washington Depammeat of Tramportation authorized gr~nts for the
BTC recognizing thai associated economic development ',m2i enhame the effectiveness aad
coordination of Kitsap Transit ard Washington State Ferry services.
1 .¢ "Phases A & B" of the BTC have been completed. Those phases included tM
construction ora new ferry terminal passenger-only ferry dock,, transit center, and related
improvements.
1.5 Phases A & B of the BTC ~so inch~ded the construction ofp~ facilities for high
occupancy vehicles (hereinafter referred to as the _"H_OV Crarage"). _The HOV Garage .w~
MEMORANDUM OF UNDEILSTANDING - 1
designed and constructed to accommodate the IUture core, ruction ora two or three stow
bu~i~ng (the "'Commuter'Retaii Building~) above the [-iOV Garage tot commuter-onentect
retail ~:,cs and office use. 'Ibis bm~din~ pad (th~ "CRB Pad") is ap_ proxiin~tely !0,000
1.6 The CRB Pad ,~a u~ ,'-. .......... ~,,,;~ ~,,, i;~ ,,~ r-~_. ~ .... ~,.
property scparatciy acquired by and now owned by K.itsap ]-ransit.
1.7 Access to the HOV Oarage is derived by means of one or mom access lanes (the "I-IOV
Access") that cross an abutting parcel ofhnd owned by the City ("City_. Parcel 2").
Tb_~ HOV Aeee~ ~s mo._~ fiMly ~&~.~! ~ L.he_. HOV Acce_~ Addendum_. ~ac~.~d
l.S In 2000, Tramit submitted ~ received p~elimhaary approval for a supplemental grant (the
"Phase D PTA (7_traut:") in ti~ approximate amount of $3.3 million doiiats ii, om the ~A to
undertake aad complete "Phase D' of the BTC, hereinatter referred to as the ''Phase D
BTC Pro]cct".t As approved, the Phase D BTC Project i~ pr~ upon the following
features:
a. Kitsap Transit's acquisition of the following property or property interests
(collectively, the "EneCai Site"):
(i) Fee title to the Enetai Plaza Building from a private owner;
(ii) The right to construct portions of its proposed 3 level parking garage
beneath,. (measured from Washington Grade) a parcel afland ("CiW Parcel
3") northeasterly of the Enctai Pia~,a hui!ai~ aha the s~utherly 20 fi:et of
*~he Washin~on Avenue fight-of-way (''City Parcel 4") abut6ng the
Plaza Bua~ding and City Parcel 3, both of-,,,~¢h ar~ oa-ac<l by the City.
b. Kitsap Transit's demolition of the Enetai pla?a Buikiing and the excavation of the
Enetai Site.:
The Gtaat requited a local mamb of approximately $500,000_00. These local funds were ob~ined
from State ~md Iota! fxmds which w~e funded and ex'gended. IC-~g Transit al~o received separate
preliminary approval to complete "Phase C" of the [iTC. Phase C revolves the expmsion of,he ~
vehicle holding area and toll booths arid is not materially relevam to ~ A~ecment Kitzap Transit
will independentl~ pursue the Phase C BTC Project.
Removal and remediation of?he contaminated soils bencal~ the Enetai Plaza Building was not
specifically included in thc gran: request.
MEMORANDUM OF UNDERSTANDING - :2
c. Kitsap Transit's construction of a 3 story (below the Washington Avenue grade)
parking structure (the "Enetai Garde") on the Enetai side which was estimated to
acco~-nodate not more than 175 parking spaces a_ad an a_rea for passenger-only
ferG, pick-up ~,d drop-off Kitsap Transit generally contemplated the
Garage would be designed and constructed to accommodate the futm'e
construction by the City (or its assigns) of up to a six story building (the "Enetai
Building") measured from the Washington Avenue grade, for a variety of mixed
uses.
1.9 Of the estimated parking spaces available in the Enetai Garage, Kitsap Transit
contempla*~es ii will need approx_Lmate!y 75-125 spaces for dire~ ,~ransit-related purposes,
including Kitsap Transk's electric car station program. Kitsap Transit contemplated that it
,,,,.~ ..,,...,., or lease the remair, ing spaces to generate revenues for transk-related
purposes.
1.10 Because Federal funds are involved in the Phase D BTC Project, Kitsap Transit is required
to comply with the National Environmemal Protection Act ("N-EPA") and other Federal
requirements including Federal contracting requirements.
1.11 The FTA is the lead Federal agency for the Phase D BTC Project for purposes of
corot)lie.ace -oAth Federal requirements for environmental review, funding, project
monitoring and audit. On May 5, 2001, the FTA issued its Finding Of No Significant
Impact ("FONSF') for the Phase D BTC Project.
1,12 Kitsap Transit has acquired the Enetai Plaza Building from a l~rivate owner) The Enetai
Plaza Building is currently occupied by the City's Naval Museum, a ¢oft~c shop, a
computer consulting firm known as gila ~d a day care facility.
1.13 The Enetai Site contains petroleum contaminated soils. The source of this contamination
has been attributed to an undexground gasoline tank located in the Washington Avenue
fight-of-way (City l~arcei 4). The tank was apparently placed in the City' s right-of-way
sometime prior to 1910 by a prior owner or tenant of the Enetai Plaza Building
1,14 In connection with the future construction of building improvements over the CRB Pad
and/or adjacent properties, ~tsap Tr~nsk deskes to lease up to ] 2,000 sq~m feet of
second story office space for ~tsap Transit's use (the "Kitsap Transit Office Space").
1.15 Kitsap Transit ha~ heretofore expended approximately 5;800,000.00 on the Phase D BTC
Project, leaving a balance of approximately 53 million dollars of anticipated FTA Grant
Th~ property was ~cquimd by meam of a pre-award ' ,~.~r~hip" approval.
MEMORANDUM OF UNI)ERSTANDI2qG - 3
ffk~)
funds available to complete the Phase D BTC Project.~
1.16 The City has received funding/grant approval (the "PFD Gram") from the Kitsap County.
Public Facilities District ("PFD") in the approximate sam of $6.9 million dollars for the
design aru! construction of a Regio~,~ Conference Cemer, inc.ha_a_~.g ~nci_ated p~.21d.~ng
far,:dities. Pu,-m~r,t to ~.~. PFD Grant, cons*,mction of~e Confe~nce Center m'~st
commence by January I, 2003.
1.17 Transit-Oriented Developments ("TOOs") increase the use of the mass transit modes of
transportation and encourage reduced dependency on single-vehicnlar trips.
1.1 g The City desires to coordinate the construction of the Conference Center with its long-
term goal ofe~ouraging the development of the CiW's central business core in a way that
furth~ enhances the u~ of mass .transit .modes oftrmsportalion.
1.19 The City desires to commence the first phase of the City's development project (thc
comerenee Center t-reject--) ,,~mmn the general Project boundaries identified on Ex}fibit
i. Tt~e Conference Cemer Project will include the following fealures:
a. Conference Center. A regional conference center owned and operated by the City.
b. Hotel. A hotel owned and ope'rated by a private developer.
e. Re~amant. Restauram facilities adequate to mc, banquets and confereaw, es in
*the Conference Center owned and operated by a private developer.
d. P. gr. lgilg. F. Igili[~. Parking facilities ("City Parking Facilities") owned by thc City
to accoramndale the Hotel and Conference Center and other uses associated with
the Conference Center Project.
e. lgJiNiLgllil_Q,~[l~. The potential commmtion of one or more bnildings by a private
developer for a variety, of uses, including office and retail.
f. Residemial The construction of privately owr~l residential unitsfi
g. Park Facilities. The construction of public park facilities.
Kitsap Tr~a.si~ believes the only remaining action tn be completed to obtain the FTA Grant Award is
the ST~ from th~ PSRC.
I~ is possible d~¢re may I~ participation by thc Kitsat~ Coun~ Consolidated Housing Al~thorit~_
MEMORANDUM OF UNDERSTANDING - 4
h. Pedestrian Access. Pedestrian walkways and access through the Conference
Center Project for access to the Transit Cemer, Waterfront, Downtown Business
Core and the components of the Conference Center Project.
1.20 Siting the Conference Center, Hotel and related facilities adjacent to the Tranuit Center
v,~l encore-age incr~d use of the mass transit modes of tram~vo~ation afforded -by
Tin,it Center. Accordin£1~; tbe parties believe the Conference Center Project is a TOD.
!.21 It is anticipated that funding for the public featares of the Conference Center Project will
be derived t~om some or alt of the following sources:
a. Revenue Bonds issued by the City;
b. Section 108 HUD block grant fiands;
e. PFD bond/grant funds.
1.22 The City and Kitsap Transit desire to explore the coordination and integration ofthe
common features and elernems ofthe Phase D BIC Project and the Conference Center
Project as a joint development project (collectively, the "Joint Project"): including parking
facilities and the construction of improvements over the CRB Pad including specifically
the Commuter Re.t~ Budding. It is the City's specific desir~ to integrate the design and
construction of the City Parking F~cilities needed for thc Conf~enee Center ~roject with
t~ E~'~tai Garage. Subject to the con¢,&~'ence of the FrA, Kitsap Tr~..mit is w~ing to
allow the Ch')- to lease, acquire ancot use the non-dedicated parkin~ ~aces av.qil.qble in
the En~ai Garage for uses associated with the City'-s Conference Center
Hereafter, references to the "Joint Project" means and includes ail the elements of the
Phase D BTC Project, the development of the Commuter Retaii ]~luiiding _a~ the City's
Conference Center Project. References to the "City's Parking F~ilities" shall refer to the
parking facilities the City needs to construct and/or own to consummate the City's
Corffnrenee Center Project. Collectively, the Enetai Garage and the City's
Fae-ilities shall, for convenience, sometimes be referred to as "Project Parking Facilities".
The *`comnmter R~,ail Budding" meam a building which at a mini.,m~m ~ inehde not
less than I 0,000 square feet of Washington Avenue grade level commuter-oriented re'~il
Slrace, not less than 10,000 aquaxe feet of upper level office space for lease by Kitsap
Transit and pedeahan easements and canopies for access to Transit Center.
1.23 The presence of too many parking spaces can adversely effect th~ effectiveness of TODs.
During the Preliminary Phase oftl~ Joint Project the parties qha.!! negotiate the
appropriate m~mher of parking 5paces.
1.24 Because some Conference Center Project parking will occur on the Enetai Site, the PFD
MEMORANDUM OF UNDERSTANDING - 5
(Final)
has previously acknowledged that the demolition of the Enetai PlaTa Building will
constitute "commencement" of construction of the Conference Comer for purposes of
compliance with thc PFD Grant conditions.
!.25 The FIA has previously designated K/map Transit as the local lead agency to complete the
p,,o~,~ n BTC m.,,;o,., k,~ ,.,,,,,,.;;~,,,o wi~ ~ applicable F~cral mqukc~nts.
Transit is au'd,,or:~d to delegate its respom~ties, bm nomqtl~ta:~d~ng~'a,,,,~' ae,egataon '~ '
remains obligated to the FTA to iasute all Federal !equipments a~e met. The City de,es
to assume the responsibilities of the lead local agency to undertake and complete the Joim
Project. To the extent permiss~le under applicable Federal arut State law, Kitsap Transit
is willing to delegate its respomt~lifies to the City so long as the City complies with all
applicable Federal requirements.
1.26 The City intends to secure a Developer (the "Developer") to construct all the
improvements r~q~ for the completion oft~ Joint ~oject. ~. ?,ec,o~mg such
Developer, *,he City 'intends to employ a compe~,,~e process ~&at complies with an
applicable requirements and, in partic~,lar, as it relates to any work on laml subject to
BTC FONSi and/or the use of Federal funds. It is generally comemplated the City
assume responsibility for the preparation ora Request ['or Proposal (the "RFP") for flue
design, consm~tion and potential management of the Joint Project.
1.27 K. itsap Transit previously received approval for the ism of a $20,000.00 grant (the
"PSRC Grant") for the preparation of a RFP relative to the Joint Project which obligates
Kit. rap Tm~qt to serve as ~e C, omm~ting .agency ~t the tetemion of the coca,ting
1.28 During the coarse of completing the Phase A & B BIC improvements, in ~esponse to
public input. K.itsap Iran-el! anrt tl~ City reco~mai?ed mine need to develop Kiss-N--Ride
facilities available to the general public near the Transit Center. As a temporm3t sola!ion,
Kiss-N-Ride facilities are mt[y. located on City Pamel 2 immediately adjacent to the
HO¥ Garage and access thereto is derived by means of the HO¥ Access. Kitsap Transit
currently provides Kiss-N-Ride spaces for disabled persons and taxi ~rvice on the BTC
transit, deck a~ng *.he Transit Center.
Thc City generally believes the City's Conference Center Project may not lend itself to the
cominuation of general pi, lie Kiss-N-Ride facilities in ~he current ioca~ion. The City
acknowledges and agrees that use of!he BTC transit deck for general public Kiss-N-Ride
use violates the terms of the Phase A & B FTA grant fimrllng and such use will no! be
proposed by the City or its Developer.
Until such time as increased levels of transit operations render the continued use of the
BTC T~_nsit Deck ~r ta.~ and d~.sabled Y/ss-N-Ride se.,w/ces impm~t~able, Kksap
MEMORANDUM OF UNDERSTANDING - 6
ff )
Transit will continue to provide space for taxi and disabled Kiss-N-P,.ide services on the
BTC Transit Decl~ subject to _such rules as Kitsap Transit may develop to protect the sa~
and efficient use of the BTC Tr~it Deck.
Ki_t~p Tran.4! and the City agree that a joint circulation planning study will be undertaken
location other than the Tr~ask Deck ' '"-" ~
or nv, Garage, in, accordance ~,,Sth ~ "Scope~,~
Service" ou~iir~ attached as Sch¢clale A here. to.
1.29 During the coarse of construction ofPhases A & B oft. he BIC, K.itsap Transit caused
utility lines to be installed on City Pm-eel 2 adjacent to the waterfront within an easement
granted by the City (the "Utility Easement"). It is believed the utilities were sized to
accommodate connections thereto sufficient to support the same or all of the intended
elements ofth. e Joint Project, J_n. eluding, in pa_rtienl~r, th_he Phaqe D BTC Prnject_ ..
1.30 Kitsap Transit and the City recognize the importance of public involvement and
participation in any joint plarmin£ process and agree to work to estab~h a mean.~ to k~ure
a meaningful opl:mrtunity for public commit, input and/oI involvement.
1.31 Through an innovative joint design process involving input from the proposed Developer,
the Ci~, gkm? Transit and the PleD, the parties contemplate that a more precise
development proposal (the "Final Development Plan") will emerge setting forth the full
extent of the Joint Project, the anticipated costs thereof and lhe parties' expected roles,
respons~ities ~nd hatr~oe?e_..,.~_ ~,1,.. ,-. ~.~,,~ot. --r--- to the Jo L,,.t Project _and_ the properties within tho
Proje~
Once the Developer is selected, the Final Development Plan is approved, the parties
anticipate that a detailed Inteflocai Agreement will be negotiated and executed to fully
define the parties' responsibilities, roles and interests in the Joint Project componems.
1.32 The purpose of this Agreement is to
a. Prov/de a general outline to enable the parties to explore undertaking the Joint
Project and to ~et for'~ *~ pea'ties intended or anticipated roles and re~vons~;~lities
with respect to such Joint Project;
b. Set forth the parties' roles and respons~ilities during the "Preliminary Phase" as
that term is defined in Section 1.33 below;, and_
c. Set forth the parties' roles and responsibilities should the parties fail to approve xhe
Final Development Plan and execute the loint Project Interlocal Agreement.
MEMORANDUM OF LrNDERSTANDI2qG - 7
33-
1.33 The term "Preliminary Phase" as used in this Agreement is intended to denote all activities
that may be undertaken prior to the parties' formal acceptance of the Final Development
Plan and execution of the Joint Development Interlocal Agreement. Kitsap Transit desires
to explore th_e ptws_-_'rt oft.__~ Joint Project in. a _manne~-.t Lhat does not jeopard'~xze .its
anticipated FTA
a. Each party shall use its best efforts to lawfully undertake the responsibilkies
soecifieafly 'allocated to such party hereunder (relative to Preliminary Phase
activities);
b. Any costs, fees or expenses advanced or incurred by either party during the
Pre~-y Phase sbmU be at Lhe sole cost and .~k of~ party who adva.need or
incurr~ r~me and such part)' shall .~a;'e, illdemn'L~j ~"A hnlrl fha e~fh~r ~-~
harmless fi~om same and ~om any ~l:~ity for arcs action taken by such pa'fy
(provided, if the Joint Development is consummated, a party shall be entitled to
reimbur~nt ora 'ffShared Joint Project Expense" as set forth in Section 2. } 2).
c. Kitsap Transit may continue moving forward with certain preliminary planning and
design work consistent with the independem pursuit ofKitsap Tran~it's Phase D
BTC Project.
1.34 This Agreement ail Interlocal Agreements that may be executed pursuit to tl'fis Agreement
ahab be approved by the parties respective Board and Council through authoriz~
resolutions.
SECTION TWO
General Terms
2.1 Lead Agen~_v. It is generally contemplated that the City will serve as the lead local agency
respons~ie for the completion of the Joint Project.
2.2 Removal OfEnetai Pla?:a Building Tenants. Responsibility for the removal of the existing
Enetai Plaza Bu/ldlng Tenants shall be allocated as follows:
a. The City shall be solely responMble to provide for the relocation of the City's
Naval M,'~seum at it's sole cost.
b. Kitsap Tran.qit will be solely responsible for the relocation of the day care facility at
it's sole cost. Kitsap Transit .qhali use its best efforts io relocate the Coffee Shop
to meet the Joint Project time lines, subject to and in eompiianee with ail applicable
MEMOR.a2qDUM OF UNDERSTANDING - 8
Federal and State laws.
c. Kitsap Transit shall use its best efforts to insure SRA and thc day care cemer
operator vacate the premises to meet the Joilat Project time lines~ subject, to ar~cl kn
co..mp!,Xnce .,M. 2h all Federal md St_~te laws.
d. Kitsap Transit will advance and pay all sums (the "Base Costs") required by the
Uniform Relocation Assistance Act that may be due the Coffee Shop or SPA
tenants, if any. in the event the City requires the removal of such two tenants
earlier than the permissble time l?ame under Federal taw, the parties will, by
separate agreement, allocate between the parties the payment of any supplemental
sums above the Base Costs necessary to assure such removal.
2.3 Develo~r S~leetiorL
2.3.1 preparation Of RFP. During the Pre 'hminaty Phase, Kitsap Transit, as the
"Contracting Agency", will contrast with Art Anderson & Associates to prepare
the Rl-ia. The City will serve as the "lead agency" respons~ie for overseeing the
preparation and completion of the RFP in compliance with all applicable Federal,
State and local requirements. If required by the PSRC, a separate RFP Imerlocal
Agreement will be larelaared regarding the preparation, oversight, completion,
issuance, approval and payment of the RFP.
Kitsap Transit, through the use of the PSRC Grant will advance the first
$20,000.00 of the co~s associated with dae RFP. The City stuill a,qvance the
'mlance unless the parties hereat~er negotiate a separate allocation.
2.3.2 Approval Of RFIL The City will not publhh or transmit the RFP until Kitsap
Transit approves the final draft thereof. It is anticipated that so long as Kits,ap
Transk has obtained the FIA Grant Award, Kitsap Transit wffi approve the RFP
and so long as it complies with all applicable Federal, State and local requireanents
and adequately addresses Kitsap Transit's interests in the Joint Preject.
2.3.3 Selection Of Developer. The City a~d Kitsap Transit wRljointly review and
approve all proposals submitted in response to the RFP and select the Developer.
2.4 ]~,~tLP~;lt~. The City, Kitsap Transit, the Developer and the PFD will work
collaboratively on mutually agreeable designs, site plans, construction plans and
specifications, operation and management plans and contracts fully setting forth the
elements and features of the Project so the Final Development Plan can be concluded and
mutl~lly ~_.pproved.
MEMORANDUM OF UNDERSTANDING- 9
2.5 Demolition OfEnetai Plaz~ Building. Once (i) Kitsap Transit has a~roved the RFP, the
Deve]oper and ~ !east prelimJna~ Schematic Desi~, Site ,md Development Plan and a
~mng nav~ v~aea ;he ouamng; and fly) Mi
necessary demolition Dennits and a,,rov~s have b~n obtm~ it is ~ticYated that
Kited Trmsit ~a conga ~ta the C~ to comence me memate demolition of the
Enaa Pi~a BMding it is mticipatM ~a demolifon ~11 oc~r m the sumer or f~ of
2002 md such demolition ~ be deemed the "Commencemem" of~e CiN Caderence
Center Project pursuam to tb, P~ C~amt_ !,atiaAly= Kitsap Trmasit ~!! advance the cos,
of such condition.
2.6 Remediation Of Contaminated Soils. Following the demolition of the Enetai Plea
Building, it is anticipated the City will provide for the lawful remediation of ail
contaminated soils on the Enetai Site. Such remediation shall be completed in comptiance
with all local, State and Federal regulations, including the State Environmental Poli~ Act,
CERCLA (42 USC 9803), MTCA (RCW 70.105(D), and the Clean Water Act (33 USC
§1321). It is anticipated that initially Kitsap Transit will advance the remediation costs.
2.? Permits. The City (and/or the Developer) will be solely responsible for obtaining all
necessary permits and approvals necessa.,y for the construction of all Joint Project
improvements, including the permits required for the Demolition of the Enetai Plaza
Building and Remediation of the Enetai Site.
2.g Administration.
2.8. l In General. Once the Final Development Plan is approved, to the ex'tent
permissible under ail applicable Federal, State and iocai iaws, the City will solicn,
award and administer ail third-party contracts for the design, construction and
completion of the Project in compliance with all applicable Federal, State and local
requirementz and oversee the timely completion and construction of all loint
· u,,,, -, ,., ~ ~,~cuaar C4220. iD as may i~om m-r,e ia time be
supplemented or amended and in thc ~TAlviaster:: ' Agreement dated October i,
200i as may be subsequently supplemented and amended to conform with any
required FYA concurrence relative to the Joint Project.
2.K2 Proiect Monitoring And Keview By .Kitsap Transit. It is anticipated that Kit.sap
MEMORANDUM OF UNDERSTANDING - .10
Alternative Cost Analysis, Federal Com_uliance mon/toring and general project
mon~_ofi~ (collectively "Project Merit_torino") a_~ a gh~_red Joint Project_
~ record~ '~' pe~n to Project. DuPing ~he .......... ~ ..........
[,,~ c[[y w~U petit ~bap i rmns~ anator its dem~atea represematwes access to
the sim to ~pect, test ~br mo~tor ~y ~d ~i work encomuassed ~t~ the
Ph~e D BTC Project ~d Commuter Ket~l Bu~d~g pomons of~e Project.
2.83 hde~gstiog. The City ~ a,mme, defend, save, ~d~ ~d hold ~t~ap
Trsmsit M~ess from ~! c!~ms ~nd Ii~}lities associated ruth or related to the
Ci~'l F~e to obt~ ~y req~r~ pcmiis or approves, ~e City's r~i~e to
adhere to ~y State or Yeder~ coutrac~8, pro~ement, public work or
adminis~afion requirements, design flaws ~d clams reiating to the demohtio~
excavation ~d remedta~ou of~e Enet~ Site,
2.9 Mutu~ Cooueration And Pro}ect Representative~. Dmng ail stages of the Jo~t Project,
including the Pre~n~ Ph~c, each p~ sh~ desi~ate a representative ('~esi~ated
Representative ) who ~ se~e a~ the offici~ contact person for that p~, reg~d~g tho
implementation ~r..
~ a~ pro~5sion oFt~{ A~eement, ~ he ~estgna[~ Repre~en[afive may
Be ch~ged at any t~e by ~->mg written notice of ~e ch~ge to ~e Besignated
Representative of ~e o~er pa,y. The initial Desi~ated Representative for each pa~,
md ~eir address, phone number md f~ numb~ ~d e-mail address is a~ched hereto as
Sched~e B.
Final Selection of the Developer, review and approval of all contracts, substantial and final._
ae~ptmee ofconsmaction and all other similar major acfixdfies k~, '
s ..... require the ~pprova!
by the De;ig.-,ated Representative.--. In additiov,, ~e ~, .... ':-'~-~ -,-
be subje~ t~ tM review of and input ~o,,,u .the PFD Board and/o; its -~---:
Representative, and the FTA as may be required.
During the d~velopmem of the RFP and subsequent Design phase, the design and
budgeted expenses to complete the Joint Project shall be established and mutually
approved by Kitsap Transit, '~he City and the Develo~er~ al! ofw_hich shal! be set forth in
the Final Deve!opmem Plan.
2.10 FTA Concurrence. Kitsap Transit shall use its best efforts to seek I:TA concurrence for
m,: Jura, rrojec~, 'if required. Kitsap Transk reserves the right to withhold its consent to
the City's selection of the Developer and/or approve} of ~he Design uutii such concurrence
is obtained, in the event the FTA withholds or fails to provide its concurrence, Kitsap
MEMO~UM OF UNDERSTANDING - 11
(Final)
Transit may terminate this Agreement.
2. I 1 Additional Agreements. The City and K~tsap Transit acknowledge that the completion of
the Joi~t P~.;~ect_._ will r~re the nego '_ti~tion _and execution of certain additional contracts
and a/~eements ("Collat..,-,~a! Agreements") ine!u ,d/rig the fol!o.wq~g:
2. l 1.1 Joint Pr_ o_iect lntedoca! _Agreement. An Interlocal Agreement between the City and Kits,ap
Tramit for the full implementation and consummation of the Joint Project and Firmi
Development Plan, including payment and funding for all Joint Project expenses.
2,11.2 Kitsap Transit Office Lease. During the Pr~iimlnary Phase, it is conlemplated that
Kitsap Transit ~ negotiate directly with the Developer for Kitsap Tvansit's
potential lease of the !Crtsap T.,:an_~it Office Space. The City's Project Manager
skadl be entitled ta he present d'~a-,g *~hese negotiations and pro'~id¢ iaput so as to
ir~-m'e integration of this element ~,ith the overall Joint Project.
2.11.3 HOV Access. The negotiation and execution ora mtisfactory Easement for Kitsap
Transit's on-going access to the HOV Garage as nmre fully addressed in the HO¥
Access Addendum.
2.11.4 Cross Easements. Cross easements to provide for pedestrian and vehicnlar access
and ha~ess and egress through, to and from the Joint. Project parking fac,.'li6¢s ava
W~qhin~on Avenue and pedestrian accee, s to the pas~nger-or'~, pier, the Tra,mi!
Center, the Waterfro,-~, the Hotel, the Conference Center, the Restaru-ant, the
proposed bui/ding improvemmts on the CRB Pad and Enetai site and the joint
Project parking faz/lities.
2.11.5 CRB Buikiing Construction. During the design phase, it is anticipated that the
City and Kitsap Transit will jointly negotiate directly with the Developer for the
design and construction of the Commuter Rcta~ Building md/or any, other specific
b~_ffktl-g irnprovemeras above the __CR_B Pad.
2.11.6 Restrictive Covenants. It is generally conlemplat~ that a restrictive covenant that
r~srficts the use of'not less than 12,1300 square fe~t of ground level (rn~asured fi.om
Wa-~ington Avenue) retail space within any building improvements over the CRB
and/or a4jacent property to commuter-oriented retail use will be jointly negotiated
with the Developer. In addition, if required by the FTA, additional restrictive
covenants may apply to the transfer of air rights above the Enetai Site or CRB Pad
as listed in Pmagraph 9(a) of Appendix B to FTA Circuhar 9300.I A.
2.11.7 !nsmnnerrts Of Conve_vance. lmstmments of conveyance necessary to l~erfect
MEMORANDUM OF UNDERSTANDINO - 12
(F':.~)
and/or transfer ownership of the various parcels of land consistent with the
intended property ownership that will be negotiated during the Preliminary Phase.
2.11.8 Ufili~ Easement Agreement. During the Preliminary Phase, it is expected the
parties will negotiate and execute an Utility Easement Agreement to address the
parties' respective interests and concerns relative thereto.
2.11.9 Parking Management Agreemen[. The Parking Management Agreement identified
in Section 2.16.
2.11.10 Miscellaneous. Such other and further documents as may be reasonably
necessary to enable each party to amply with its obligations under th. is Agreemem, to
obtain ~'~y necessary approvals and penraits andu'or to lawfully secure sources of funding
available to a party.
2.12 Shared Joint Project Expenses. As used in this Agreement, the term "Shared Joint Project
Expenses" shall include the following:
a. The cost of demolition of the Enetai Plaza Building;
b. The cost of the Enetai Site remediation, less any sources of additional new grant
~%nding either party may obtain specifically earmarked for such remediafion;
c, All costs associated with the construction of the Joint Parking Facilities including a
pm-rata share of the fees incurred in the 0reparation of the Joint Project RFP and
de~i~ and permit fees attn-butable to the construction of the Joint Parking
Fac'rifles, excluding, however, any S,necia! Accommodation Costs ~ deSned h,. the
HOV Access Addendum =el ~located solely to Kitsap Transit;
d. Supplemental tenant relocation costs the panics may hereafter agree that should be
considered a Shared Joint Pr~ect Expense; and
The costs of Project Monitoring as described in Section 2.8.2.
During the Preliminary Phase a Project Budget shall be established and mutually approved
~eRing forth tM a~,~al projected Shared Joint Project Expe~es.
At all stages of the Joint Project, Shared Joint Project Expenses shall be segregated and
separately tracked, monitored and accounted. Shared loint Project Expenses sh~ not
include the parties' respective attorney fees or the fees oftheir Designated Representatives
or other project representatives.
MEMORANDUM OF UNDERSTANDING- 13
2.13 Payment Of Proiect Costs. All costs, fees and expenses associated with the Joint Project
shall be allocated between and paid by the City and Kitsap Transit as follows:
2.13.1 /l~it~:L2.Iail~. Kitsap T _mnsit ~ pay for the _following:
a_ Base Relocation Costs tbr the SRA and Coffee Shop tenants, all relocation
costs relative to tim day care operation arid
costs x~arsap Transil may expressly agree to assume.
b. The Special Accommndation costs as described and defined ia the HOV
Access Addendum as may be allocated to Kitsap Transit pursuant thereto.
c. Three Million Dollars of the total Shared Joint Project Expenses, less the
amounB Kitsap T.~it ex,-~-nds on t~,~*aant relocation costs
s,,~ ...... ,, t ~ above and the Special Accommodation eo .sta allocated to
Kitsap Transit pursuant to the HOV Access Adde, ndum. I-lereasq.~r,
resmT,m sum (Lc. ,~ mm,on less the subparagraphs (a) and (b) and
reductions), shall be refexred to as the "KI Base Share".
d. Such additional contributions toward the total Shared Joint Project
Expenses as Kitsap Transit may, in its sole discretion, deem is necessary to
me, et Kitsap Traneit's minimnm parking neexts, which additional
conm'bution shall be referred to as the "KT Supplemental Sham".
e. Costs and fees associated with the negotiation of the K_itmp Transit Office
Space lease and costs, fees and expenses associated with the space,
including des'Lgn and tenant improvcmcm costs.
f. Attorney fees incurred by Kitsap Transit relative to the Joint Project.
g. Costs ~d fees associated with _the ~got~tion _ _aod_ _ campletio_n ofb~g
improve.merits over the CRB as rrmy ~ negotiated by K-a. sap Tramit and
the De;eloper.
2.13.2 .C,,.il~. The City will pay all othm- Joim Project Expenses and all other expenses
associated with or related to ihe Conference Center Project and _,.hail save,
indemnify and hold Kitsap Transit harmless therefrom.
2.14 Allocation Of Pro_retry Interests And Owners~.
2.14.1 Allocation Of Joint Parking Facilities. It is generally contemplated on the
MEMORANDUM OF UNDERSTANDINO - 14
Parking Spaces") created and/or developed within the Joint Parking Facilities shall
be allocated to Kitsap Transit and the City_ as follows:
a. Kitsap Transit shall be entitled to a pro-rata share thereof determined by
""'~':"~":"" : ~,u~, r,u )a,,~ Spaces ~' '" ~'- ~': .... t. .......... :_ n_
total KT Base Share and KT Supplememal Share (as those terms are
defined in Section 2. i3. i (c) and (d)) and whose denominator is the total
Shared Joint Project Expenses as defined and calculated under Section
2.12. These spaces shall be referred to as the "Kitsap Transit Dedicated
Parking Spaces" and sha!! be located within the "Enetai C,'arage"_
b. The City shall be entitled to all remaining parking spaces developed within
the Joint Pa,-k~ng '- '"" ,- ...... ,, , .,.:, ,_
racmaes. ~.h~e spaces sh~ be r,~erreo to as the ~.Jty s
Dedicated Parking Spaces.
c. In the event the Kitsap Transit Dedicated Parldug Space~ exceed 125
spaces (''Excess Spaces"), Kitsap Transit will convey or lease all such
Excess Spaces requested by the City to the City., subject to fair
compensation therefore.
2.14.2 Enetai Site And CRB Site_ Fee title to the underlying land beneath the Enetai Site
and CRB Site shall be de~ermined and negotiated during the Preliminary Phase. in
ail events a party shall own any property interests required to comlaiy with such
party's ~nding requirements.
2.14.3 HOV Garage And Enetai Garage. h is generally contemplated Kitsap Transit will
retain exclusive control a_n~or owners_~p of the HOV Garage. It is gener~l_!y
contemplated that control and ovmers.hip of*,he Eneta/Garage -,rill be detem'~ed
~ n"~'~"-': ~ '~'~m~-P~eumma~- ,: : _. ,m._~.~,~,.__ *-~:, ~"~, events, o-wnership amt comrolsnaia-'" (i) comply
with applicable requirements of the FTA; (ii) be subject to each party's rights and
interests to the Dedicated Parking Spaces, allocated to such Party; and (iii) the
Parking Facilities Maintenance Agreement.
214_4 CRB And Enetai Plaza Building Air Ri_mfrs. It is generally contemplated that the
air rights above the CRB Pad and~.T:n,~t~ Plaza .--,-.,,-,,,en";~'~;"" parcel may be .,.,.,,,,.~,~'*-;'~ by
*-,,o,~t, -,,~,-,- or,...,.,,, ~ or ,e,a~,., to the City as negotiazed during '~'me P[carra-~': '
na,-f Phase subject to
t:J any Restrictive Covenants r¢qtar¢a pursuant to the terms
of Section 2. i i .6; and (ii) the Kitsap Transit Office Space lease as may hereafter
be negotiated by Kitsap Transit and the Developer. The City shall retain the sole
right to determine the ownership of the ak rights over City Parcels 3 and 4.
2.14.5 Title to and ownership of the Hotel and restaurant shall vest in the Developer.
MEMORANDUM OF UNDERSTANDING - 15
2.14.6 Title to the residential units will vest in the Developer,' City, Housing Authority
~d/or other entities as determined dung th~ Preliminary Phase
2.14.7 Title to City Parcel 2 shall vest in the City or Developer as may be negotiated
between the City and Developer, subject to the Cross Easements, the Utility
Easement and/or the HOV Access, if required, as more fully addressed in the HOV
Access Addendum.
2.15 Compensation For Property Transfer_s. During the Preliminary Ph~e, the. intended
ownership of the projec! properties shall be fully d,t,rmin~d and the parties shall negotiate
conveymnce of property interests necessa,D' to ---"- ~' " ......... : -
mud valuatiorm shall conform with all applicableteac[at,*' ~ .... gtaieann ~oca,' laws.
2.16 Maintenance Of Paricing Facilities And Re~¢rv~ Rights To Dedicated Parkinc Space~.
During the Preliminary Phase= the parties shall negotiate a Parking Facilities Mainten~nc¢
Agreemen~ tha~ will (i) allocate the parking spaces not retained by Kitsap Transit for
transit-related uses as between the Port of Bremerton, the City, the Developer and other
limit the use of the Joint Parking Facilitie~ for fcwf corm'nuter par?ring; (i:d) allocate
operation, maintenance and insurance resl~onsibitifies for the Joint Parking Facilities: and
(iv) establish parking fare rates for any designated "paid" parking spaces that may be
allocated within the Joint Parking Facilities.
2.17 Kitsan Trarmit'~ Right To Proceed In. dependently. In the event (i) the City fails to obtain
PFD funding; (ii) the FTA refuses to provi_de my required conoarrence for the conduct of
the Joint n~,;~,- (iii) this Agreement
., ~, .................. -~-~- *-- the commencement of the
cor~"tru, e~on of the Enetai
~,,, ,au to approve the
Final Development Plan or conclude ~uhe faint Project Interlocal Agreemem to enable
either party to meet its Project time lines, Kitsap Transit shall be entitled to proceed, on its
own, with the Phase D BIC Project subject to the following provisions:
The City shall grant Kitsap Transit a perpetual easement, license and the
development rights under City Parcels 3 and 4 to e~b!e Kksap Tra_n.sit (m~d :,ts
contra~ors) to cons*met and m~.tain the Enetai Garage~,,,~,,, **,o,,,,. ~,.,.~,,~'~,-~*~: o,~eC;~ (built
reader t,Se Waskdngton Avenue grade), together with temporary construction
easements on any £outting City Property as may be reasonably required for ingress,
egress and staging areas to enable Kitsap Transit (and its contractors) to construct
the Enetai Garage (including demolition, excavation ~d remediation).
b. The City shall retain fee title to City Parcels 3 and 4 and the air rights above those
portions ........ of the l:.netai Garage sited r,,, City Parcels ', ~nd 4 t~.},i,~,,_~,._ to K/tsap
MEMOKA_NDUM OF UNDERSTANDING - 16
Transit's easement, license and development rights described in subparagr~ aph (a)
above).
c. The City shall have the option ofpmchasing a portion ofthe completed parking
mszmaa:ca rare,rig ~pac~s j m me ~a~kaa Craragc ' .... "' ' ~
multiplying the tolai num't~r o£spaces by a fraction whose aumerator is the
number of squaxe feet of Cily Parcels _3 and 4 devoted to the Enetai Garage and
whose denominator is the total square footage of the Enetai Site.
d. __Kit_' ~p Tran:~. ~ mt _airt its ~terest ~ the Utility. Ease_ .~m The C~ ~
coord~te my ~ deveBp~m of S~ond Avenue ~ a ~ that pries
more ~, ~ssed ~mt .........nuv Acee~ Adde~t~
e. Kitsap Transit shall be solely responsible for all costs of completing the Ene~
Garage on the Enctai Site, including the responsibility to remediate the
contamination under City_ Parcel 4 and obtain any necessary_ .l~miits.
f- City. Parcel 1 shall be conveyed to Kitsap Transit outright.
g. Kitsap Tramk will retain all air rights over the CRB Pad and the Enetai
Building site. Kitsap Transit snail retain exclusive ownerfnip of tlne .'-au v ~-amge.
Subject to thc City's right to purchase the pro-rata Parking Spaces allocated to the
City, Kitsap Transit shall be deemed the owner of the Enetai Garage and/or the
controlling agenc? as required by applicable FTA rides.
i. L_amA_ val~s ~r City P_arcel ! and ~ e__a~e_~_me~.m__, _lice _n~e_ 8_nd development_. _rights as
,,. _ ~'N~,_. 'n I '~ - -11 ¥~L[Lt~t3 1~ : A ~ - A---.~. · · · f
to ~-lty ra_~¢e: ..- _~h,,,, be- '"~"-~ ' maepeaueu~ .,v~_,s.t appraisal. Becau~ ofg_ksap
Transk's agr¢¢mcm to rerncdiate City Parcel 4, thc easement, license and
development rights as to city Paxc¢l 4 il-ail be assigned no value. The appraisals
shall include a review appraisal in accordance with FTAZFHA requirements.
Kitty Transit shall pa~ the City the appraised value of such interests.
j. ?the City e!e~s to p_urchasc_ the Ci_¥s D_esJ'_~_m~at_ _ed Paxk~g Spaces, the C~
~,,~ ~ acq~tmr~ ,~,~o. ~ re~atmn) ~ed an ~e
m:ucate .... n~ ~lty, p~t m =,,~
k. If, after offsetting iliads that may be due each other, the City has a net obligation
to Kitsap Transit, the City may defer its payment of the City's Desitomled Parking
Spaces it elects to purchase until it act~m! _hr commences use of the City's
MEMORANDUM OF UNDERSTANDINO - 17
Designated Parking S_maces and until such payment is made. Kit.sap Transit shall be
en~tit!ed to t~_l~ exclusive u.~, conlxol and management of all such Parking Spaces.
IfgJtsap Tr.ans_i_t should m proceed independently, and ffpe~itted and reasonably
au cunsWacao~, financing arid procurement docu,-nent~
~ no ........... C. ov..nty
Consolidated Housing Authority in connection with any' proposed deveioprr~-nt of
abutting or adjacent properties to the north and/or east of fix: Enetai Site by the
City= and/or Housing Authority. Additionally, the City will provide Kitsap Transit
width_ ~opies of any ~nd al!_ Jo[n_t ~ect doc _umen_ts generated pttrsnmnl to
Agreement. so as to allow irltegration ofKit~p Trnneit'a construction on the
Enetai e:,^ ..zoo. .... :..+.-n~,~ compaction on"*"'"';"" ,,a: .... +
~ cal,,; tl-~ Hous~ Au-t...ho6.~ or ,~hek re.~ive LDevelopers_
2. l 8 Binding Effect. The parties acknowledge the provisions of Sections 2.17 and the HOV
Access Addend,m may pose a potential for alternative interpretations. ~ panics agree
that any disputes arising from the provisions thereof that the parties cannot resoive
through good fidth negotiations shall be referred to mandato~ arbitration, agree to be
bound _thereby aaa agt,~ not to/nt~rposc a ~f~r,e of ___unen_forccability.
CITY OF BREMERION
By,
CARY BOZEMAN, Mayor
KITSAP TRANSIT
By.
RICHARD ,HAYES, Executive Dkector
MEMORANDUM OF UNDERSTANDING - 18
EXHIBIT 2 TO MOU
HOV ACCESS ADDENDUM
1.1 Prelirninarst Ackn0wled~'nem$. The City acknowledges that Kitsap Transit must retain
reasonable and lawfi~i access to the HOV Garage. Kitsap Transit believes it may be able
to secure alternative access to the HOV Garage from the State through the vehicle ferry
holding area a_nd/or access lanes. The provisions of this Addendum are intended to
supplement the MOU to protect Kitsap Transit's access rights in the event Kitsap Transit
is unable to secure a perpetual and legally enforceable access easement from the State.
m'ior to the Desitin of e~ther ,h.. J,,mt Parking Facilities _for the Ioint Pro}eot or the Enetm
Garage ff~t~ap Transit proceeds independently.
1.2 "Base Access"; loint Project. In connection wdth the Joim Project undertaking it is
generally' contemplated the height of each level of the P~king Facilities will not exceed
6'4" (the "Base Height"). It is generally contempiated that in connection with the Design
of the lomt Parking Facilities, the normal drive-aisles and/or vehicular access lanes for the
parking garage can be designed and located in a maker that can provide reasonable
access to the HOV Cmrage ("Base Access") wi.'thout any material increase in *..he cost of
the loint Parking Facilities.
1.3 Special Accommod~io.n' Costs. It is possible that the Base Height may not be sufficient to
enable Kitsap Transit to use the Base Access for its Van Pool program or that thc Base
Access cannot be desig,~ed and conatmcted to provide access to the i-iOV Garage without
either a material increase in the construction costs of the loss of available parking spaces in
the Parking Facilities. It is possible that to either accommodate Kitsap Transit's unique
h~ght needs or to match the Base Access la.ne to the elevation of the !-.!OV Garde, at
le~t one floor of the. ~.,'king F-~ili&s or portions thereof may need to exceed the Base
Height and/or the Parl,~g Fac~ties may require spe,.%al ramping or other m,Jque design
element~ to i~rovide access to the HOV Garage;
coaecttvel:y, ~ese unique design t%atures
shall be referred to as "Special Accommodations". Kitsap Transit agrees that it will be
solely responsible for the entire cost of any such Special Accommodations (including
supplemental design fees) and the same shall not be deemed a Shared Joint Project
Expense under Section 2.12 of the MOU. Further: in the event such Special
Accommodations result in the loss'of available carking sl~aces within the loint Parking
Facilities, all such lost spaces shall be mbtracted f?om Kitsap Transit's Designated Parking
Spaces.
1.4 Design R, equirem~!:s For Enetai Garage And Special Accommodation Cost-q. IfKitsap
Tran~k proceeds independently w~th the construction of the Enetai Garage pursuant to the
provisions of Section 2.i7 of the MOU, the following provisions shall apply with respect
to the HOV Access:
a. Unless prior to construction, the parties agree to a different location, Kitsap
a- .... ~* -~'o~-- access easement 1 ] feet in v,Sdtla over (il a I 1'
abutfi_ug Md southeasterly oft. he en._~_re Enetai, Site K-rom £~ond Avenue to the
C!~,B~; Md (ii) a strip of !mud 25 feet in. width and ov,~,~;~,~,,..,,,.,,,.,,,,~ .,~,~,,,,,.. ~,~,.,,. foregoing
~":- southeriy paraiiei to and ~u,umg ~,,e ,.,KI~ Pad, a distance
the northeast comer of the CRB Pad. These strips are located on City Parcel 2
and are depicted on Exhibit 1 to the MOU.
b. In connection with the Design of the Enetai CJarage, the Designer shall assume the
City ultimately intends to add onto, enlarge md/or emend the Enetai Garage by
c,on~ructing additional, parking facilities on Ci~ Parcel 2. The Designer shall
design t.he Enetai Cr'~rage in a mariner chat ~.~.!1 enable the CiW to make such
~-'o;"",~,,,,,o,,,,, md *",,, incorporate ~e HOV Access into such faciii;D'. However, K/~sap
Transit shall reimburse the City for any §peci',d Accommodation costs incurred by
the Cirg in designing and constructing such additional parking facilities in a manner
that incorporates the HOV Access.
Some maps depict 814' all~ abutting the Enetai Plaz~ Building and Cits'Parcel 3_ The parries
believe that .all~ has bc-c-m vacated ~,d o ~.~:n. cmhip has .,-e_v¢~ ~.c,.l,5,~:ap Tr--_~mt ?and the Ci~ ?.~ ~e
re~ective a~,mers of'he Enetai Plaza B'ail 'ding and Ci~'. Pmmel ~._ ~ ,~" is intruded that ',_he minimum
AGENDA BILL
BREMERTON CITY COUNCIL
1. SUBJECT: FOR AGENDA OF:
-- --~f~[~ ORIGINATING DEPT: Executive
5'e co
Public Hearing an~'~ an ordinanceS0: qYq~- ORIGINATOR: Mayor Bozeman
amending Chapter 2.76 of the DATE SUBMITTED: 2/06/02
BMC regarding purchasing procedures.
2. CLE/L~ANCES: (comment on back 3. EXHIBITS:
if necessary)
Ordinance
City Clerk~
City Attorn~e . j:- _ -
PurchasiZg~
ENDORSEM~LT~ I~_ APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL:
MAYOR {~-'l~ ~ COUNCIL PRESIDENT
4. SUMMP/~Y STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
a) The requirement to obtain Committee Chair approval for
professional services expenditures in excess of $1000 and Council
President's approval for Professional Services expenditures in
excess of $10,000 creates additional work for City Council, City
Departments and the Purchasing Division. Council should amend this
procedure such that professional and purchased services costing less
khan $10,000 : must be authorized as determined by the respective
aeparEment head; professional and purchased services costing $]0,000
or m6re, but less than $20,000 must authorized by the Mayor
any professional or purchased service costing $20,000
or more must have the authorization of City Council.
b) We have always followed the State guidelines regarding Small Works
Roster projects. This change is a housekeeping move to bring the
City back into line with the latest RCW limitations for such
projects.
8. RECOMMENDATION:
2) Move to pass Ordinance #~7~'.~_ on second reading.
9. RESPONSIBLE OFFICIAL:
ENFORCEMENT OFFICL~L:
EXPIRATION DATE:
REVIEW DATE:
10. NOTICE OF ACTION
PULLED TAIBLED APPROVED DISAPPROVED AMENDED
COUNCIL DIRECTIVE: DATE:
2. CLEARANCE COMMENTS (cont.):
4. SUPPLARY STATEMENT (cont.):
5. IMPACT ON NON-PASSAGE:
Council and staff will continue to expend valuable time resources
on low value service acquisitions.
6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES
Council and staff will have more time to devote to other tasks in
their schedule.
7. RESEARCH SOURCES
ORDINANCE NO. qq q ~
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, amending section 2.76.300 of the
Bremerton Municipal Code relating to contracting for professional
and purchased services establishing new levels of contracting
authority and further amending section 2.76.400 increasing the
contracting authority for small works roster public works projects
pursuant to state law.
WHEREAS, the current provisions for contracting for professional and purchase
services results in delayed and inefficient purchases; and
WHEREAS, state legislation increased the contracting authority for Small Works
Roster Public Works projects; and
WHEREAS, the City Council desires to update it's code provisions relating to
contracts for professional and purchase services and small works roster public works projects in
order to provide for more effective and efficient contracting of services; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 2.76.300 of the Bremerton City Code entitled professional
and Purchased Services is hereby amended to read as follows.
Sec. 2.76.300. PROFESSIONAL AND PURCHASED SERVICES.
(a) General.
(1) Professional Services are defined as a vocation, calling, occupation or
employment requiring a license, degree, labor, skill or special knowledge wherein the labor or
skill involved are predominantly mental or intellectual rather than physical. They include, but are
not limited to, consulting on: legal, planning, architectural, engineering or instructional services.
1 Procurement
(2) Purchased Services are defined as general support services provided by a
vendor to accomplish routine, continuing, and necessary functions. They include, but are not
limited to: court reporting, data entry, word processing, language translation, equipment repair
and maintenance, landscape maintenance, cleaning and janitorial service.
i. As needed or annually, the City may advertise in a
newspaper of general circulation its projected needs for Professional and Purchased Services
disciplines.
^ ...... .~ ^o ~,~ nnn ^. .,,~tu:r ......... Any contract for professional or
,~i,~F~ ,o v u.~.
purchased services for which the estimated cost to purchase said services is under ten thousand
dollars ($10,000.00) shall be approved and entered into pursuant to such terms and conditions ~
may be authorized by the director of the department for which the contract is made. Any
contract for professional or purchased services for which the estimated cost to purchase said
services is ten thousand dollars ($10,000.00) or more must be in writing and approved by the
Mayor and the Mayor shall provide reports to the City Council for such contracts he or she
approves to the extent and in a format as requested by the Council. Any contract for professional
or purchased services for which the estimated cost to purchase said services is twenty thousand
dollars ($20,000.00) or more must be in writin~ and authorized by the City Council. Contracts
for professional and purchased services are not required to follow the bid requirements of BMC
2.76.200 but may be entered into through direct negotiations. Contracts may not be split into
multiple purchases to avoid the authorization requirements set forth in this section.
2 Procurent ent
(b) Architectural and Engineering Services.
(1) Pursuant to RCW 39.80.030, the City shall publish its requirements for
architectural and engineering services on each occasion when services are required or annually.
SECTION 2. Section 2.76.400 of the Bremerton City Code entitled Public Works
Contracts is hereby amended to read as follows:
Sec 2.76.400 PUBLIC WORKS CONTRACTS.
(a) Public Works is defined as all work, construction, alteration, repair or
improvements other than ordinary maintenance of City owned structures, infrastructure and
properties executed at the cost of the City. The cost of a public work shall include all amounts
paid for materials, supplies, equipment and labor on the project. The City may not divide a
public works project into phases in order to avoid compliance with bidding requirements.
(1) Small Works Roster. In lieu of advertised formal bids, Small Works
Roster Public Works projects with an estimated cost of greater than Ten Thousands Dollars
($10,000.00), but less than c~ Two Hundred Thousand Dollars ~¢~c~a c~a~ c~a~
.... ~ ...........j ($200,000.00),
shall be awarded by City Council.
i. As needed or annually, the City shall advertise in a
newspaper of general circulation its projected needs for Small Works Projects Contractors.
ii. Small Works Roster shall consist of all licensed contractors
who have requested and are qualified to be on the roster. Proposals shall be solicited from at
least five (5) contractors, if available, on the list and then at least one (1) of the invitees shall, if
available, be a qualified and certified minority or woman owned contractor. Contracts resulting
from proposals submitted greater than $10,000.00 shall be awarded by City Council.
(2) Work By Force Account. In lieu of formal bids, Work by Force Account
may be used to perform Public Works. Work by Force is the use of City employees and City
owned and/or purchased materials to perform a Public Works Project, wherein the total cost of
the project, including labor and materials, is less than $20,000.00 if a single craft is involved or
$35,000.00 if multiple crafts are used.
3 Procurement
i. If a single project has an estimated cost, including labor and materials in
excess of $15,000.00, the City shall, at least fifteen (15) days before
beginning work, publish notice describing the work and estimated cost.
ii. Work Force Account projects when aggregated, shall not exceed ten
percent (10%) of the total dollar amount of the public works construction
budget period.
iii. The City shall maintain and preserve a full true and accurate account and
record of all costs of executing the work as prescribed by budgeting,
accounting and reporting laws.
iv. A true copy of the account of record shall be filed within sixty (60) days
after the completion of the work.
SECTION 3. Severability. If any one or more sections, subsections, or
sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not
affect the validity of the remaining portion of this Ordinance and the same shall remain in full
force and effect.
SECTION 4. Effective Date. This ordinance shall take effect and be in force ten
(10) days from and after its passage, approval and publication as provided by law.
APPROVED by the City Council the day of ,2002
PASSED by the City Council the day of ,2002
CAROL ARENDS, Council President
Approved this . day of ., 2002
CARY BOZEMAN, Mayor
4 Procttreln ellt
ATTEST: APPROVED AS TO FORM:
KATHLEEN MCCLUSKEY, City Clerk ROGER A. LUBOVICH, City ~ttomey
PUBLISHED the day of ,2002
EFFECTIVE the day of ,2002
ORDINANCE NO.
R:lLegal/ordinanc¢/Procurement
5 Procttretnettt
AGENDA BILL
BREMERTON CITY COUNCIL
1. SUBJECT: Public Hearing FOR AGENDA OF: March 6~ 2002
Resolution # ~ ~ ~ ~t , regarding recovery of fees for ORIGINATING DEPT.: Fire Dept.
the abatement of garbage and debris on the property ORIGINATOR: Al Duke
located at 1586 Naval Avenue. DATE SUBMITTED:
2. CLEARANCES: .(Comment on back if 3. EXHIBITS:
~.,ty Clerk: ~;__t_~'[ 2. Clerk Report
City Atty:_~ 3. Photos
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
On January 10, 2002, Public Worl~ removed garbage and debris from the property located at
1586 Naval Avenue after the owner, Washington Mutual, failed to do ~o as ordered. The legal
requirements for notice were met. The fees incurred for this action, including the administrative fee,
totaled $1,459.30. Council must now decide if the fees are just and reasonable and how they should be
collected.
RECOMMENDATION:
I move that Council, by Resolution # ~-~', order that the fees in the amount of $1,459.30
incurred for the abatement of garbage and debris located at 1586 Naval Avenue be collected as
reasonable abatement costs and become a lien against the property.
9. RESPONSIBLE OFFICIAL: A! Duke
ENFORCEMENT OFFICIAL: Al Duke
EXPIRATION DATE: N/A
REVIEW DATE: N/A
10. NOTICE OF ACTION
PULLED ~ TABLED ~ APPROVED DISAPPROVED AMENDED
COUNCIL DIRECTIVE: DATE:
11. AGENDA BILL NO.:
2. CLEARANCE COMMENTS:
5. IMPACT OF NON-PASSAGE:
The City would forfeit the costs incurred for this action.
6. IMPACT ON STAFFING, BUDGETS~ .FACILITIES~ EQUIPMENT OR OTHER RESOURCES:
The City's revolving abatement fund would suffer the deficit of not collecting these funds.
7. RESEARCH SOURCES:
N/A
A RESOLUTION reviewing charges for the abatement of garbage and debris
on the property at 1586 Naval Avenue and determining means of collection.
WHEREAS, the City of Bremerton incurred costs for removal of garbage and debris on the property
located at 1586 Naval Avenue; and
WHEREAS, the Bremerton Municipal Code allows the City to recoup these costs either by personal
judgment against the property owner or as a lien against the property; and
WHEREAS, the City Council is charged with determining whether the fees are just, and how they
should be collected; and has considered the report of charges filed by the Building Official and any protests or
objection filed; and
WHEREAS, the Building Official of the City of Bremerton recommends the fees be collected as a lien
against the property located at 1586 Naval Avenue, now, therefore,
BE IT RESOLVED, by the City Council of the City of Bremerton:
1. That the abatement charges included in the report of the Building Official in the mount of $1,459.30
for the property located at 1586 Naval Avenue, Bremerton, attached hereto, are just and reasonable.
2. That the City of Bremerton will exercise its right to recapture abatemem fees by filing a lien against
the property.
PASSED, by the City Council of the City of Bremerton this day of ,
20
CAROL ARENDS
Council Presidem
BREMERTON FIRE DEPARTMENT
817 Pacific Avenue * Brcmcrton, WA 98337 * (360) 478-$380 * FAX (360) 478-7257
February 13, 2002
Memo
To: Paula Johnston, Deputy City Clerk
From: Janet Lunceford, BDS II -~,~,
CC: Al Duke, Chief
Re: Public Hearing, 1586 Naval Avenue
On January 10, 2002, Public Works removed garbage and debris from the property at 1586
Naval Avenue at~er the owner, Washington Mutual, failed to do so as ordered. The costs
incurred, per the attached inteffund transfer and Chico Towing bill and including the
administrative fee, totaled $1,459.30. I have scheduled a public hearing for March 6, 2002.
CITY OF BREMERTON
INTERFUND TRANSFER
CITY DEPARTMENTS ONLY DATE 02/05/2002 TRANSFER# 10193
COMPLETE THIS FORM IN DUPLICATE AND RETURN TO ACCOUNTS PAYABLE
Fire Department (Fund 108)
TO PWO-STREET DIVISION FROM Abatements/Demolitions
(REVENUE DEPARTMENT) (EXPENDITURE DEPARTMENT)
DESCRIPTION TOTAL
:Charges per attached summary for: January 2002 BLAB
LABOR $323.00
EQUIPMENT $197.50
MATERIALS $103.80
SALES TAX $0.00
TOTAL $624.30
ACCOUNT AMOUNT ACCOUNT AMOUNT
42-349.3900 $624.30 ,,_~,_~ ~. ~h,-0 ~ ~ - ~-~ zTt l l ~ '" ~ ~ a L_~.
REVENUE,,_~ARTMENT
Billing Details Page l
02/05/2002 02.'14.'29 PM CITY OF BREMERTON PWO-STREET DIVISION
Customer: BLAB Fire Department (Fund 108) - Abatements/Demolitions
Date ID Numbers Description __ R__~ular Overtime Costs
01/10/02 sm2o0m 520060 BLAB 1586 Naval Clean-up.
0909 Brian Brewer 2.50 hr $85.00
oo51 Scott Corey 1.00 hr $34.00
3015 '92 GMC 1-TON P/U 1.00 hr $9.00
0583 Mark A. Thompson 2.50 hr $85.00
3069 1990 Int'l 10 Yard Dump Truck 2.50 hr $85.00
2061 Leland Watson 2.50 hr $85.00
3039 '94 JD410 BACKHOE 2.50 hr $97.50
0524 Colen Corey 1.00 hr $34.00
3075 '92 FORD RANGER 4x4 1.00 hr $6.00
DUMPIN Dump Fees - Oly. View Sanitary Landfill 10.00 yd $103.80
$624.30
920 N. WYCOFF. BREMERTON, WASHINGTON 98312 "Fo,rn)~ Owned
crl~/~ rAI-i~Zi~ F~PAIfl ORDER,
TOW REAR: . TIR~ CHANGE: .'~
TOW SLING: ~ JUMP STA,R~
AXLE PULL: SWEep RO~AD: OTHER IS~CIFY)
~TCH BL~KS: 'OT~R
COMPLEI'E: TIME C~F~, ~OUR$