Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
03/27/02 AGENDA
CITY COUNCIL 239 4th Street · Bremerton, Washington 98337 ·(360) 478-5280 · FAX (360) 478-5251 · ¢itycouncil~ci.brcmerton.wa.us CITY COUNCIL MEETING AGENDA MARCH 27, 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 - March 20, 2002 (#AB02-053) B. Fee Agreement with JANE RYAN KOLER, PLLC (#AB02-054) C. Fee Agreement with KEATING BUCKLIN & MCCORMACK, INC., P.S. (#AB02-055) D. Fee Agreement with CAROL A. MORRIS, PC (#AB02-056) ! ._3 4. CLAIMS/CHECK REGISTERs 5. COUNCIL MEMBER REPORTS 6. MAYOR'S REPORT 7. PUBLIC RECOGNITION - (Comments limited to 3-minutes) 8, NEW BUSINESS A. Appointment of Clarence Nelson and I~. Scott Buckingham to the Planning ~, (J Commission (#AB02-057) B. Appointment of David Grindstaff, Joanne Morris, Jan Hillman, Alan Strange, and ~7 Mariwyn Tinsley to the Bremerton Citizen's Commission on Council Salaries (#AB02-058) C. Contract Award for the WB-6 Pump Station Project to Stan Palmer Construction L1L~.~ (#AB02-059) D. Contract Award for the Landscaping of the new Eastside CSO Treatment Facility ~ to Varick Landscaping (#AB02-060) E. Interlocal Agreement regarding Funding, Development, and Operation of the ~ -7 Kitsap Regional Conference Center (#AB02-061 ) F. Professional Services Agreement Amendment for Gary H. Sexton (#AB02-062) ~ ~. (CONTINUED ON BA CK...) Equal Opportunity Employer ~ OF ~ 9. PLIBLIC HEARINGS - ORDINANCES d~ d],~ A. Ordinance No. 4793 (Second Reading) amending Chapter 2.06 of the Bremerton Municipal Code relating to the City Attorney (#AB02-052) 10. ADJOURNMENT OF MEETING A STUDY SESSION WILL BE HELD IN THE COUNCIL CONFERENCE ROOM IMMEDIATELY FOLLOWING THE REGULAR COUNCIL MEETING FOR A PRESENTATION ON THE "2003 & 2004 BUDGET AND ClP FINANCIAL FORECAST" BY RICH HANNA, CITY TREASURER CITY COUNCIL MEETING MARCH 27, 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 ADDRESSfI'ELEPHONE TOPIC o e e e o Remin~det:: Th~ ,next Council Meeting_ will be on Wednesday, April 10m A Monthly Study Session open to the public will be held on Wcdocsday, April 3~ AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: FOR AGENDA OF: MARCH 27, 2002 ORIGINATING DEPT: CITY COUNCIL MINUTES OF MEETING- MARCH 20, 2002 ORIGINATOR: CAROL ARENDS, PRESIDENT DATE SUBMITTED: MARCH 21, 2002 2. CLEARANCES: (Comment on back ifnecessary) 3. EXHIBITS: ENDORSEMENT ~J INFORMATION ~ APPROVED FOR SUBMITTAL BY COUNCIL PRESIDENT: , , MAYOR: ~ &-~---~-~~' ' 4. SUMMARY STATEMENT AND REQUII~MENT FOR COUNCIL ACTION: 5. RECOMMENDATION: 6. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 7. NOTICE OF ACTION: PULLED ['--] TABLED ~] APPROVED [-] DISAPPROVED [] AMENDED ~] DATE: C OUN CIL DIRE CTIVE: 3^ 8. AGENDA BILL NO.: 0~[- 055 9. IMPACT OF NON-PASSAGE: 10. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: 11. RESEARCH SOURCES: TAPE #1824 UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES March 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, March 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, and Cecil McConnell. Council member Wayne Olsen was absent. Also present were City Attorney Roger Lubovich; Acting City Clerk Rich Hanna; 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 Reverend Ron Anderson of Manette Community Church. 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, which included a 20-minute Study Session to discuss the "2003 & 2004 BUDGET SCHEDULE"; and (2) There will be a Study Session in the Council Conference Room following the Council meeting to hear a presentation for Mary McClure of Kitsap Regional Coordinating Council on "REGIONAL ISSUES THAT IMPACT YOUR JURISDICTION". CONSENT AGENDA A. Minutes of Meeting - March 20, 2002 (#AB02-051) #0025 M/S/C/U (McConnell/Rollman) 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. #0045 M/S/C/U (Younger/McConnell) On March 27, 2002, the Council does approve for payment those vouchers included and further described as follows: Check numbers 269123 through 269382 in the amount of $605,588.03. COUNCIL MEMBER REPORTS Daren Nygren invited the public to attend the next District 3 neighborhood meeting on Tuesday, March 26, 2002, from 7:00 to 8:30 P.M. at the Manette Senior Center for a presentation by the Planning Department on the Manette Plan and an update on the City's Comprehensive Plan. Ed Rollman announced that the "Smile Mobile" would be in town at the Kitsap Community Resource Center on Park Avenue through March 22 to provide dental services to children 13 years of age and younger from homes with limited income. For more information please call 377-0053, extension 356. Mike She_~herd discussed the "Smith Cove Neighborhood Kickoff" event taking place Saturday, March 23 at the Kitsap Community Resource Center at 10:00 A.M.; reported on his attendance at several St. Patrick's day events; and lastly, was pleased with the progress being made regarding the nuisance ordinance, problem properties, and code enforcement. Will Maupin announced the District 8 & 9 neighborhood meeting would be held Thursday, March 21 from 6:30 to 8:00 P.M. in the Conference Room of the Oyster Bay Public Works & Utilities Building to discuss "Problem Properties and Code Enforcement". He also provided details on a forum by the Kitsap Smart Growth Coalition scheduled Monday, March 25 from 7:00 to 9:00 at SK High School. TAPE #1824 City Council Reg. Mtg. Minutes March 20, 2002 Page 2 of 3 Mike Short reported on his attendance at the Puget Sound Regional Council Transportation Policy Board meeting last Thursday; and a Kitsap Regional Coordinating Council Transportation Policy Board meeting yesterday. Lastly, he reiterated information regarding the District 8 & 9 meeting. Carol Arends discussed a recent trip to Washington D.C., where she traveled as a Kitsap Transit Board member to report on the transportation issues and concerns of Kitsap County. She also announced that she would be attending the "2002 Vision Award Dinner" as part of the Puget Sound Regional Coordinating Council meeting tomorrow. MAYOR'S REPORT Mayor Bozeman: · Displayed an information board documenting the various projects associated with the Downtown Revitalization Plan for Bremerton; · Was pleased to report the City was awarded $500,000 to repair the pilings on the Boardwalk; · Invited the Council members to participate in the interview process for selecting a developer for the Hotel & Conference Center; · Referred to a recent article in the newspaper regarding the Port of Bremerton, and emphasized he would be meeting with them to request a commitment to expand the Marina; · Discussed a recent meeting with a movie theater developer regarding the possibility for a new movie theater complex to be located downtown; · Noted that he would be meeting with Transportation staff from Senator Patty Murray's office regarding the Water Transportation Research Institute; · Commented that progress is being made in discussions with the Navy regarding a new downtown parking garage; · Briefly discussed the redevelopment of Westpark, and the possibility for a new Junior High on the west side; and · Praised City Attorney Roger Lubovich and his staff for the outstanding legal services they have been providing. PUBLIC RECOGNITION - There were no comments from the public. 8A - PUBLIC HEARING AND ORDINANCE (FIRST READING) AMENDING CHAPTER 2.06 OF THE BMC RELATING TO THE CITY ATTORNEY (#AB02-052): Council Member Cecil McConnell summarized that the current provisions for the resignation of the City Attorney provide for confirmation of the resignation by a majority of the Council sitting as a whole, and further provides that a resignation shall be considered equivalent to a removal under Section 23 of the City Charter, for resolution solely, of any issues relating to the powers or authorities of the Mayor or the City Council arising from the resignation of the City Attorney. This proposed ordinance updates code provisions relating to the resignation of the City Attorney shall be effective upon the acceptance of said resignation by the Mayor. Mr. McConnell further clarified that this ordinance would accomplish three things: 1) Modify the language as to the creation, purpose, and management of the legal office; 2) Would repeal 2.06.050; and 3) Allow the resignation of the City Attorney to be effective upon the acceptance by the Mayor. Mr. Nyo_ren thanked Mr. McConnell for drafting this ordinance. There were no comments from the public. TAPE #1824 City Council Reg. Mtg. Minutes March 20, 2002 Page 3 of 3 #0880 M/S/C/U (Shepherd/McConnell) Move to approve ordinance on first reading, amending Chapter 2.06 of the Bremerton Municipal Code relating to the resignation of City Attorney and the acceptance of the resignation by the Mayor. The Council reconvened in the Council Conference Room for a Study Session open to the public to di "REGIONAL ISSUES THAT IMPACT YOUR JURISDICTION" with Mary McClure, Executive Director of the Kitsap Re Coordinating Council. An Executive Session closed to the public was then held to "REVIEW LABOR NEGOTIA per R.C.W. Chapter 42.30.140 (4) (b). With no further business, the Council meeting was adjourned at 7:45 P.M. Prepared and Submitted by: LOF~I SMITH, Council Liaison Attest: PAULA JOHNSTON, Deputy City Clerk CAROL ARENDS, City Council President City of Bremerton CA/PJ/Is/cge c: Normal Distribution File AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: FOR AGENDA OF: March 27, 2002 ORIGINATING DEPT: Legal Dept. FEE AGREEMENT WITH ORIGINATOR: Roqer Lubovich JANE RYAN KOLER, PLLC DATE SUBMITTED: March 18, 2002 2. CLEARANCES: (comment on back 3. EXHIBITS: ~_~~q~S S a ry) ~ ~ /~ ~ ,___---_ . ~-~ Fee Agreement-Jane Ryan Koler PLLC Fiscal & ~udget Chairma-~~~~~ _ . ~/// -.-~~/~~k Operations Chairman: ~ ~~~-'/~ ~ ENDORSEMEN, T~---~ INF~ APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: -~OUNCIL PRESIDENT ~-~L~/.~. L~LF~/L~ j 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: Approval of this Fee Agreement with Jane Ryan Koler, PLLC is requested to facilitate representation of the City in Code enforcement proceedings and other matters as assigned. Ms. Koler will assist the City Attorney's office in abatement of Code violations and the securing of liens on the properties to recoup costs of abatement. Ms. Koler's hourly rates are very reasonable and she will not charge the City for travel time, facsimile fees, copying expenses, postage or long distance telephone calls. 8. RECOMMENDATION: Move to authorize the City Attorney to execute the attached Fee Agreement between the City and Jane Ryan Koler, PLLC. 9. RESPONSIBLE OFFICIAL: Roger Lubovich ENFORCEMENT OFFICIAL: Roger Lubovich EXPIRATION DATE: N/A REVIEW DATE: N/A 10. NOTICE OF ACTION PULLED TABLED APPROVED DISAPPROVED ~~D COUNCIL DIRECTIVE: DATE: 11 AGENDA BILL NO: 0~- 0~ 2. CLEARANCE COMMENTS (cont.): 4. SUMMARY STATEMENT (cont.) : 5. IMPACT ON NON-PASSAGE: Failure to pass this motion will result in the City not being able to effectively react to persistent, recurring, and dangerous City Code violations. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES The anticipated attorney fees to be expended through the year 2002 are unknown at this time but the City Attorney's budget contains funds for outside counsel, and will be used for payment of Ms. Koler's fees. 7. RESEARCH SOURCES 7 LAW OFFICE OF JANE RYAN KOLER, PLLC POS'T Ob-'I~CE BO~ 90~ KIRKLAND~ WA 98083-0908 Phone: (425) 822-9281 Fax: (425) 828.0908 FEE AGREEMENT The Law Office of Jane Koler agrees to provide professional legal services to the City of Bremerton at the rate of $150.00 per hour. No charges will be imposed for travel time, facsimile fees, copying expenses, postage or long distance telephone calls. The City of Bremerton will pay costs incurred for filing fees, messenger services, the service of process, court reporters and any fees for expert witnesses. Reviewed and approved this __ day of February, 2002. ROGER LUBOVICH City of Bremerton Reviewed and approved this __ day of February, 2002. JANE KOLER The Law Office of Jane Koler AGENDA BILL BREMERTON' CITY COUNCIL 1. SUBJECT: FOR AGENDA OF: March 27, 2002 FEE AGREEMENT WITH ORIGINATING DEPT: Leqal Dept. KEATING, BUCKLIN & ORIGINATOR: Roqer Lubovich MCCORMACK, INC., P.S. SUBMITTED: March 18, 2002 2. CLEARANCES: (comment on back 3. EXHIBITS: if necessary) Fee Agreement - Keating, Bucklin & McCormack, Inc., P.S. City Attorne Risk Manager: / Treasurer: ~ . .' _ ~ ,~ Fiscal & Budget Chairman. / Operat.ions.~Chairman: CO IL SUbMITtaL: MAYOR/~k_,~.\~ COUNCIL PRESIDENT 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: Approval of this Fee Agreement with Keating, Bucklin & McCormack, Inc. P.S. is requested to facilitate representation of the City in personal injury defense cases and other matters as assigned. Keating, Bucklin & McCormack, Inc., P.S. specializes in municipal government defense litigation and represents numerous cities through the Washington Cities Insurance Authority. This firm has agreed to represent the City of Bremerton at the insurance pool rates. 8. RECOMMENDATION: Move to authorize the City Attorney to execute the attached Fee Agreement between the City and Keating, Bucklin & McCormack, Inc., P.S. 9. RESPONSIBLE OFFICIAL: Roger Lubovich ENFORCEMENT OFFICIAL: Roger Lubovich EXPIRATION DATE: N/A REVIEW DATE: N/A 10. NOTICE OF ACTION PULLED TABLED APPROVED DISAPPROVED I~~ED COUNCIL DIRECTIVE: DATE: 11. AGENDA BILL NO: 0~- 055 2. CLEARANCE COMMENTS (cont.) : 4. SUMMARY STATEMENT (cont.): 5. IMPACT ON NON-PASSAGE: Failure to pass this motion will result in the City not being able to adequately defend itself in various tort proceedings. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES The anticipated attorney fees to be expended through the year 2002 are unknown at this time but the Risk Manager's budget contains funds for outside counsel, and will be used for payment of these fees. 7. RESEARCH SOURCES KEATING, BUCKI,IN &: MCCORMACK, INC.. P.S. JOHN !. McCORMACK ATTOR,NEY3 ,-~.T L~x'~,' STEPHANIE E. CROLL MARK R. BUCKLIN RICHARD B. JOLLEY RANDAL W. EBBERSON 800 FIFTH AVENUE, SUITE 4141 BRENDA L. BANNON STEVEN L. THORSRUD KELLY M. WILEY MICHAEL C. WALTER SEATTLE, WASHINGTON 98104-3175 MARY ANN MCCONAUGHY ANDREW G. COOLEY PHONE: (206) 623-8861 SHANNON M. RAGONESI STEWART A. ESTES JOSEPH B. LEVAN DEBORAH D, 8ROOKINGS FAX: (206) 223-9423 KIMBERLY J. WALDBAUM CHLOETHIELW. DeWEESE E-MAIL: kbm@kbrnlawyers,corn SUZANNE R. RYNING JAYNE L. FREEMAN ROBERT C. KEATING (1915-20Ol) February 7, 2002 Roger Lubovich, City Attorney City of Bremerton 239 Fourth Street Bremerton, WA 98337 RE: Providing Legal Services to the City of Bremerton by Keating, Bucklin & McCormack, Inc., P.S. Dear Roger: This letter will memorialize our discussion on the phone of February 6, 2002. As I understand it, as the new City Attorney of Bremerton, you have been given authority to administer risk management and defense of legal claims and lawsuits against the City of Bremerton. In that regard, you have expressed interest in retaining the services of our law firm to assist in the defense of the City of Bremerton in current pending lawsuits and potential future lawsuits. We would be pleased and honored to be able to provide such services to you as needed at your direction. As you know from prior experience, this law firm devotes the vast majority of its efforts in advising and representing governmental entities in all matters for which they may be sued for civil damages. For 20 years, I have served as General Counsel to Washington Cities Insurance Authority, and our firm has been the primary defense firm for all civil litigation matters involving WCIA in the Puget Sound region. Additionally, we represent the University of Washington, the Seattle School District, the City of Bellevue, and the State of Washington, as well as other governmental entities on selected cases. While I know you are familiar with most of the attorneys in this office, we have added several new attorneys in the last year and I am, therefore, providing you an updated firm resume listing all our current attorneys and their positions within the firm. Washington State Bar regulations require that we have some form of written fee agreement with every client. To that purpose, I will reiterate that the rates that we would charge the City of Bremerton would be those that we charge our best municipal governmental clients. For the year 2002, our charges would be $170 an hour for Shareholders, $160 an hour for Senior Associates, and $150 an hour for Associates. When attorneys use their private cars for travel, we request 45¢ per mile reimbursement. We also seek reimbursement of 20¢ per copy for photocopying and faxes. We also cost bill for long distance telephone charges. We will cost advance file-related direct expenditures up to $50.00, but would normally forward larger bills Roger Lubovich. City Attorney City of Bremerton February 7, 2002 Page 2 directly to the client for payment. However, we can make other arrangements with you as to cost advances if you so desire. We have been fortunate in sharing a philosophy with our municipal clients that, whether or not we are in federal court or state court, we will aggressively pursue defense in those claims and lawsuits that are not meritorious. This includes either seeking early summary judgments and/or preparing our clients to take cases through trial that do not merit settlement. Likewise, we try and give early accurate evaluation of cases for the client's determination of those matters which merit consideration for settlement. We believe in being cost-efficient for our clients, but also well prepared to take any matter to trial that the client wishes us to defend in court. We would look forward to the same shared philosophy and support in any matters that we would be requested to defend for the City of Bremerton. Once again, thank you for your interest and confidence in this law firm. We look forward to working with you on behalf of the interests of the City of Bremerton. If these terms and conditions for our representation as represented in this letter meet with your approval and that of the City of Bremerton, please send me your written confirmation of that agreement. We are required by the Washington State Bar Association to have a written fee agreement with every client. To facilitate this, I have placed a signature line for you below this letter, which you may sign and return to me if find the terms and conditions acceptable. Cordially, ~~ B~KL~, INC., P.S. Mark R. Bucklin, President MRB :rg Enclosure: copy of firm resume The above-stated terms for fees and costs for representation of the City of Bremerton by Keating, Bucklin & McCormack, Inc., P.S., are accepted for 2002 by the City of Bremerton. Dated this ~ day of February, 2002. CITY OF BREMERTON By:. Roger Lubovich City Attorney for the City of Bremerton C :h'gkmrb~niscellaneous\l-0207-1ubovich.doc AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: FOR AGENDA OF: March 27, 2002 ORIGINATING DEPT: Legal Dept. FEE AGREEMENT WITH ORIGINATOR: Roger Lubovich CAROL A. MORRIS PC DATE SUBMITTED: March 18, 2002 2. CLEARANCES: (comment on back 3. EXHIBITS: if necessary) ~~ -'~ Fee Agreement - Carol A. Morris PC City Attorn~~-~'~ wreasurer: M -f ~-~~ _ ~j L/~z~'~"'/~' Fiscal & Budget Chairman:~j~"~~_~~/~ ~~ Operations Chairman: /~/~3~-/'_~~-~'~ ENDORSE~__~~~~,.. APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: MAYOR COUNCIL PRESIDENT 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: Approval of this Fee Agreement with Carol A. Morris is requested to facilitate representation of the City by Ms. Morris in land use matters and other matters as assigned. Ms. Morris is an expert in land use and will assist the City Attorney's office on issues of land use from time to time. Ms. Morris's hourly rates are very reasonable for her expertise and experience. 8. RECOMMENDATION: Move to authorize the City Attorney to execute the attached Fee Agreement between the City and Carol A. Morris PC. 9. RESPONSIBLE OFFICIAL: Roger Lubovich ENFORCEMENT OFFICIAL: Roger Lubovich EXPIRATION DATE: N/A REVIEW DATE: N/A 10. NOTICE OF ACTION PULLED TABLED APPROVED DISAPPROVED __~D COUNCIL DIRECTIVE: DATE: 11. AGENDA BILL NO: 0~- O~ 2. CLEARANCE COMMENTS (cont.) : 4. SUMMARY STATEMENT (cont.): 5. IMPACT ON NON-PASSAGE: Failure to pass this motion will result in the City not being able to as effectively respond to land use issues. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES The anticipated attorney fees to be expended through the year 2002 are unknown at this time but the City Attorney's budget contains funds for outside counsel, and will be used for payment of Ms. Morris's fees. 7. RESEARCH SOURCES Law office of CAROL A. MORRIS [ " February 27, 2002 lVlr. Roger Lubovich Bremerton City Attorney 239 Fourth Street Bremerton, WA 98337 Re: Engagement Letter Dear Mr. Lubovich: In our telephone conversation today, you asked me to forward a letter of engagement to solidify my availability to provide legal advice to the City on certain land use matters. This letter will outline the terms of my representation of the City of Bremerton, should the City choose to engage me. Terms of Engagement In my representation of clients, I think it is critical that my clients and I share the same understanding of the attorney-client relationship. To that end, you will find enclosed a copy of my Terms of Engagement. This engagement letter and the Terms of Engagement set forth my agreement with you. Please review both carefully and let me know whether you have any questions or comments regarding our relationship. Legal Fees Bremerton x.,~ill be billed for my services on an hourly basis. My current hourly rate for cities not insured through AWC is $160.00. The rates quoted to you in this letter are for the year 2002. The rate may change after December, 2002, to be effective in 2003. Scope of Services Based on our discussion, you would like me to provide general advice and representation to the City on land use matters, as requested by the City Attorney, from time to time. 321 Bromley Place NW, Bainbridge Island, Washington 98110 (206) 780-3502 Fax (206) 780-3507 carolmorris@uswest.net Mr. Roger Lubovich February 27, 2002 Page two Other Matters The provisions of this letter and the attached Terms of Engagement shall apply to any other work or matter for which you engage me. I will handle matters on a contingent fee only when and to the extent specifically established in writing in advance of the work. I appreciate your expression of confidence and would like to assure you that I will do my best to provide you with high quality legal services. If you have any question or concerns during the course of our relationship, I encourage you to raise them with me. I look forward to working with you. V?~y~ours, THE UNDERSIGNED UNDERSTANDS AND ACCEPTS ALL OF THE TERMS OUTLINED IN THIS LETTER OF ENGAGEMENT AND ATTACHMENTS, AS WRITTEN. Terms hereof are agreed and accepted: Roger Lubovich, City Attorney Date: (Please sign this page and return it to me.) I'EI4M~, Oil LNL, AL, iLblEN l Billing Fees and Costs I will bill Bremerton on a regular basis, normally each month, for all the time spent representing the City and for other costs incurred relating to my work or on the City' s behalf. The activities for which my time will be billed will include: conference time, whether in person or on the telephone; document preparation and revision; negotiations; correspondence; staff or attorney supervision; factual and legal research and analysis; travel on your behalf; and other matters directly pertinent to and related to your business and/or litigation matters. Typical of the costs for which you will be billed would be: filing fees; delivery fees; computer assisted legal research; copying; long distance telephone charges; and travel. Payment; Interest The City agrees to make payment within thirty (30) days of receipt of our monthly statement. Outstanding balances that are not paid when due will accrue interest at the rate of one percent compounded monthly from the date of invoice until paid. Termination The City may terminate my representation at any time, with or without cause, by notifying me. Upon such action, all fees and expenses incurred before the termination are due. If such termination occurs, your original papers will be returned to you promptly upon receipt of payment for outstanding fees and costs. If you wish to have a copy of your file at the conclusion of our representation, I will provide it to you at the current copy rate per page then in effect at this firm. Estimates You may, from time to time, ask me for estimates of my fees and expenses either in whole or in part. I am hesitant to give estimates because of their potential inaccuracy. However, if you require it, and if I do provide you with such estimates, they will be based upon my professional judgment, but always with a clear understanding that it is not a maximum or fixed fee quotation. I cannot guarantee that the actual fees and expenses will be at or below the estimates because of factors outside my control. Dispute Resolution If you disagree with the amount of our fee, please take up the question with me. Typically such disagreements are resolved to the satisfaction of both sides with little inconvenience or formality. The Washington State Bar Association has a Fee Arbitration Board to assist in the settlement of any fee disputes. Any disputes relating to these Terms of Engagement or the accompanying engagement CAM2J)4~2.1L\99910.001111 letter (collectively this "agreement") or the mount of legal fees related thereto, Will be submitted to the Fee Arbitration Board of the Washington State Bar Association for arbitration and prompt resolution, according to its then-effective rules, and we agree to be bound by the results of such arbitration. In the event of non-payment such that we have to pursue collection of your account, you agree to pay the costs of collecting the debt, including court costs and fees, and a reasonable attorney's fee. Withdrawal I reserve the fight to withdraw from representing the City if, for any reason, my fees are not timely paid in accordance with this agreement, or for any other appropriate cause. Disclaimer You acknowledge that I have made no guarantees regarding the disposition, outcome, or results of your legal or business matters, and all expressions I have made relevant thereto are only my opinions as a lawyer based upon the information available to me at the time. My beginning work on your behalf will constitute your acceptance of this agreement unless I receive a written objection from you within fourteen (14) days of the date of the accompanying engagement letter. Conclusion Thank you for retaining me. I look forward to working with you. CAM204082. IL\99910.001111 2 DATE ACORD. CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MAi ir-~ OF INFORMATION 'BOOUCER 2 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE _~]~.l;.-q & ~S~OC~, ~C. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ~o ~O~ 10520 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW~ ~13 ~DT~O~ .~ ~ S~ ~00 INSURERS AFFORDING COVERAGE NSURED CAROL A HORRiS INSURER A: ~I~D~L~I~ IN~CE CO~ 321 BRO~EY PL. ~ INSURERS: BAI~RIDGE IS, WA 98110 INSURER C: INSURER D: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NO~ITHSTANDING ANY REQUIREMENT, TERM 0R CONDITION 0F ANY CONTRACT 0R OTHER DOCUMENT WITH RESPECT T0 WHICH THIS CERTIFICATE MAY ~e 133UED 0~ MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS 0F SUCH POLICIES. AGGREGATE LiMiTS SHOWN MAY HAVE BEEN REDUCED BY PAiD NSR POUCY EFFECTIVE ~LICY EX~TION LTR TYPE OF iNSURANCE POUCY NUMBER ~TEIMMIDDffy) DATEIMM/DD~Y) UMITS ~N~AL UABIL~ EACH OCCURR~CE COMMERCI~ G~ERAL UABILITY FIRE D~AGE [Any o~ fire) lC~IMSMADE ~ OCCUR MED~P{~Y°nePe .... ) PERSON~ & ADV INJURY GEN~L AGGR~ATE GE~'L AGGREGATE LIMIT APPLtES PER: ..... . PRODUCTS - COMP/OP AGG AUTOMOBILE UABIUTY ..~% --.}L~'-'' ,:-'-~; '( COMBINED SINGLE LIMIT ANY AUTO ~ * {Ea ~cident) (Per per.n) sc.~ou~o aUTOS NON-OWNEDAUTOS ~ ~ ~ ~ Per ~cide~l ~- PROP~Ty D~AGE ~**~ Per accident) GA~ MABILITY AUTO ONLY - ~ ACClD~T J ~ EA ACC ~Y AUTO OTHER THAN AUTO ONLY: AGG DEDUCTIBLE R~ENTION ' I0~. woa~E,s co~sRT~O, ~ ~Toa~WC ~*TU-uM~TS ~ EMPLOYERS' UABIU~ E.L. EACH ACCIO~T E.L. DISUSE - ~ EM~OYEE E.L. DISUSE - ~LICY LIMIT ~ OTHER ~005236 09/30/200[ 09/30/2002 SOO0 D~D~C~[~ L000000 DESCRI~ON OF OPERA~ONSILOCA~ONS~EHICLES~CLUSIONS ADDED BY ~DORSEMENT/SPEC[~ PROVISIONS CERTIFICATE HOLDER ~ ~ A~mT~O~AL ~SU,EO; ~NSUa~ ~Ea: CANCELATION CITY OF BR~RTON SHOULD ~Y OF THE ABOVE DESCRIBED ~UCIES BE CANCE~D BEFORE THE ~TION ~OG~ ~O~C~ C[~ A~O~ DATE THE~OF, THE ISSUING INSU~R WI~ ENDEAVOR TO MAIL 10 DAYS W~ 2 3 9 4TE ~T~T NOTICE TO THE CERTIRCA~ HO~ NAMED TO THE ~. BUT FAILURE TO DO SO SH~ ~;~TO~, W~ 98337 ~POSE NO OSU~T~O, Oa ~mu~ OF ~ ;~,o UFON ~E ~,SU~e. ITS ~e~TS Oa REPRES~TATIVES. AUTHOR~ REPRES~TATIVE ACORD 2~S {7/97) e ACORD CORPORATION 1988 AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: FOR AGENDA OF: March z~, 2002 Appointments to the Planning Commission ORIGINATING DEPT: Executive ORIGINATOR: Mayor Bozeman DATE SUBMITTED: March 14, 2002 2. CLEARANCES: (comment on back if necessary) 3. EXHIBITS Applications for Appointment ENDORSE~ ~RMATI?N APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: MAYOR ~ COUNCIL PRESIDENT ~ ~ 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: There are two vacancies on the Planning Commission. It is recommended the vacancies be filled by Clarence Nelson and R. Scott Buckingham. 8. RECOMMENDATION: Move to confirm the appointment of Clarence Nelson to the Planning Commission. Move to confam the appointment of R. Scott Buckingham to the Planning Commission. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED TABLED ~ APPROVED DISAPPROVED AMENDED COUNCIL DIRECTIVE DAT~ 11. AGENDA BILL NO: 0 ~,- ~ ~ 7 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: 6. IMPACT ON STAFFING, BUDGETS~ FACILITIES~ EQUIPMENT OR OTHER RESOURCES: 7. RESEARCH SOURCES AGENDABL 560-5??-5555 BREM. HOUSING AUTH. 520 P~2 FEB 26 '02 17:56 APPLICATION FOR CITY BOAI'IDSICOMMISSIONS/COMMIT]'EE telepltone ttumbef will be available to the press mTd public, You will be contmoted any a=tion ts token on your appointment. (Please type or prin~ clearly) DATE: 2-~-02 NAME:_cla;ence Halson . HOME PHONE: (360) 782-~132 HOME ADDRESS: ~X!6 X~hla~ ~w~ue STATE ~ ZIP CODE OCCUPATION:Director, Contract Adrainistration EMPLOYER: ]}cemercon t~ouslng Authority WORK PHONE:A~.~ E-MAIL:_ S~. ~el~ ** F~X:._~.Zg~-0981 BUSINESS ADDRESS: 110 ~u~ell ~oa~_ ~re~erco~ ~ 96]lZ ** ~-~IL: cnelson~w~-contractadmin.o=g EDUCATION:_. ,s.,ci~c~, De~ree -_Drauzhns3=. Colle=~ ~ ~OCAL REFERENCES {name & phmm numberl: David Fart 377-5268 Chief Rob Forbes 478-5224 , , , AM INTERESTED IN SERVING ON (please check one or more): Disability Action Committee Ix) Planning Commission (1 B yrs. & older) Civil Service Commission{ 18 yrs. & older} { ) Parks & Recreation Commission Urban Forest Committee ( ) Ethics Commission Public Access Citizens Advisory Committee ( ) Parking Advisory Board Community Development Block Grant ( ) Solid Waste Management Advisory Committee ( ) · Bremerton Housing Authority Youth Council ( ) Board of AppeMs, Housing/Building Codes Safe Streets Steering Committee { ) Mayor's Select Committee on Law Citizen's Commission on Council Salaries Enforoement ( ! Other this an application lot reappointment? ._~; yes, how maw years have you served on this commission/committee? Please turn page 560-5??-5555 BREM. HOUSING AUTH. 520 P03 FEB 26 '02 17:56 WHY ARE YOU APPLYING FOR THIS APOINTMENT? A.s ~ resldenc and C~x~&ye= o~ the City o~ Bremerton,I'm obil§a~ed co serve my co1~unt~y in ehatever ca.acttv I'm 9ua]l~ied- ! find.the Plannin~ Commission. an area I could, c~op.trlbu~e bo~,,m~ time and expertise in Affordable Housin~,Manazement,.,a~d De~elo~men:. WHICH OF YOUR PERSONAL AND/OR PROFESSIONAL INTERESTS PROMPTED YOU TO APPLY FOR THIS APPOINTMENT: HYDersonal inte~e~t~ in B~emer~on~ ~u~ure and_eaonomic Gro~h orom~te~ me ~o a=~ly ~o,; .. thls aDDointmen~ ...................... HAVE YOU SERVED ON ANY OTHER BREMERTON BOARD, COMMISSION, COMMITTEE OR TASK FORCE? IF YES, PLEASE LIST: The Aba~ement Task Force under Mayor Horton PLEASE LIST YOUR QUALIFICATIONS FOR THIS APPOINTMENT (INCLUDE SKILLS, ACTIVITIES, TRAINING, EDUCATION): I have over 10 years experience as an Admiaiscratoz/Director within a Public A§ency and ~he Affordable Housint Industry. WHAT ARE YOUR COMMUNITY INTERESTS (COMMITTEES, ORGANIZATIONS, SPECIAL ACTIVITIES)? ~oard Hember for the Olympic Private Industry Council Kltsai ~ental Health Corporate Board President Pu~ec P~n~al Owners Association (PROA) Kitsap Homeless Coall~ion - (past) Member We welcome your willingness to serve Bremerton. Please return this completed form to: Mayor's Office (360) 478-5266 239 4~ Street (360) 478-5883 FAX Bremerton, WA 98337 E-mail: mayor~ci.bremerton.wa.us i 'l-I~e, Mayor - Clarence Nelson Page 1 I From: Rob Forbes To: The Mayor Date: Wed, Feb 27, 2002 9:43 AM Subject: Clarence Nelson Mayor, I understand that Clarence Nelson has applied for a posifior~ Oh the Planning Commission. I would highly recommend his selection. I have worked with Clarence for many years, both as a Bremerton Police Department employee and Reserve Officer and a Bremerton Housing Authority Representative concerning the delivery of supplemental police services in the Westpark area. I have found Clarerice to be responsible, reasonable and articulate when dealing with a variety of issues over the years. He wOuld also bdng the highest level of integrity to this public position. I would of course be available or further discussion on this matter at your convenience if necessary. Chief Forbes APPLICATION FOR CITY BOARDS/COMMISSIONS/COMMITTEE NOTE: As an applicant for a City Board, Commission or Committee, your name, address, and telephone number will be available to the press and public. You will be contacted before any action is taken on your appointment. (Please type or print clearly) DATE: I/3o/o7_ NAME' ~. _~_,,j.J_ J~,,¢f,<~L.,.~ PHONE:(_~O) 3'~?-~_75- (H) HOME ADDRESS: !3o>_ ~,,,4~J,,~, Av~, (~O'~_s-f- o'/~1 {W) / - OCCUPATION: C_o~,-(-~-~c~L {3~.~,1~,) PROFESSIONAL/COMMUNITY ACTIVITIES: LOCAL REFERENCES (name & phone number): I AM INTERESTED IN SERVING ON (please check one or more): ( ) Disability Action Committee ~ Planning Commission (18 yrs. & older) { ) Civil Service Commission (1 8 yrs. & older) ( ) Parks & Recreation Commission ( ) Urban Forest Committee ( ) Ethics Commission ( ) Cable Communications Advisory Committee ( ) Parking Advisory Board ~ Community Development Block Grant ( ) Solid Waste Management Advisory Committee ( ) Bremerton Housing Authority ( ) Youth Council ( ) Board of Appeals, Housing/Building Codes ( ) Safe Streets Steering Committee ~ Special Committees as needed Is this an applicat'ion for reappointment? /~c~ If yes, how many years have' you served on this commission/committee? PLEASE RETURN TO: Mayor's Office ~,,/'~ 239 4th Street Bremerton, WA 98337 ApPlications be reviewed periodically to determine continued availability. Additional pertinent information may be put on back. WHY ARE YOU APPLYING FOR THIS APOINTMENT? J t ~ I WHICH OF YOUR PERSONAL AND/OR PROFESSIONAL INTERESTS PROMPTED YOU TO APPLY FOR THIS APPOINTMENT: HAVE YOU SERVED ON ANY OTHER BREMERTON BOARD, COMMISSION, COMMITTEE OR TASK FORCE? IF YES, PLEASE LIST: PLEASE LIST YOUR QUALIFICATIONS FOR THIS APPOINTMENT (INCLUDE SKILLS, ACTIVITIES, TRAINING, EDUCATION): WHAT ARE YOUR COMMUNITY INTERESTS (COMMITTEES, ORGANIZATIONS, SPECIAL ACTIVITIES)? o ~ 0 o We welcome your willingness to serve Breme~on. Please return this completed form to: Mayor's Office (360) 478-5266 239 4m Street (360) 478-5883 FAX Bremerton, WA 98337 E-mail: mayor~ci.bremerton.wa.us AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: FOR AGENDA OF: March 27, 2002 Appointments to Bremerton Citizen's Commission ORIGINATING DEPT: Executive Council Salaries ORIGINATOR: Mayor Bozeman DATE SUBMITTED: March 14, 2002 2. CLEARANCES: (Comment on back i£necessary) 3. EXHIBITS: Applications £or Appointment ~ (/~ APPROVED FOR SUBMITTAL BY COUNCIL PRESIDENT: , 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The City Charter creates the Bremerton Citizen's Commission on Council Salaries. All prior appointments have expired. It is recommended the following citizens be appointed to the Commission: David Grindstaff Joanne Morris Jan Hillman Alan Strange Mariwyn Tinsley 5. RECOMMENDATION: Move to confirm the appointment o£ David Grindstaff, Joanne Morris, Jan Hillman, Alan Strange and Mariwyn Tinsley to the Bremerton Citizen's Commission on Council Salaries. 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.: 9. IMPACT OF NON-PASSAGE: 10. IMPACT ON STAFFING, BUDGETS~ FACILITIES~ EQUIPMENT OR OTHER RESOURCES: 11. RESEARCH SOURCES: APPLICATION FOR CITY BOARDS/COMMISSIONS/COMMITTEE NOTE: As an applicant for a City Board, Commission or Committee, your name, address, and telephone number will be available to the press and public. You will be contacted before any action is taken on your appointment. (Please type or print clearly) DATE: February 5, 2002 NAME: David Grindstaff HOME PHONE: (360) 373-5600 HOME ADDRESS: 1011 Shore DR, Bremerton STATE: WA ZIP CODE: 98310-5402 OCCUPATION: Personal Financial Analyst EMPLOYER: Primerica Financial Services WORK PHONE: (360) 613-0090 E-MA~L: shore drive@hotmail.com FAX: {360) 613-0099 BUS~NESSADDRESS: 3240 NW Lowell ST, Suite C, Silverdale, WA 98383 EDUCATION: BS Parks & Recreation Management, University of Idaho 1991 LOCAL REFERENCES (name & phone number): Jeff Demers (360) 792-2274 James Leqatt (360) 377-6653 Janet Williams {360) 377-4042 I AM INTERESTED IN SERVING ON (please check one or more): ( × )Parks & Recreation Commission Is this an application for reappointment? N___p_o. If yes, how many years have you served on this commission/committee? Please turn page --> WHY AREYOU APPLYING FOR THIS APOINTMENT? ~ moved to Bremerton about one year ago. Prior to that I was a Recreation Supervisor & Management Analyst for Portland Parks & Recreation. I would like to use my experience and knowledge to assist the Bremerton Parks & Recreation Department. WHICH OF YOUR PERSONAL AND/OR PROFESSIONAL INTERESTS PROMPTED YOU TO APPLY FOR THIS APPOINTMENT: I have been involved in parks & recreation either as a participant or employee for most of my life. It is my strong desire to help the community understand the benefits that parks and rec. provide. HAVE YOU SERVED ON ANY OTHER BREMERTON BOARD, COMMISSION, COMMITTEE OR TASK FORCE? IF YES, PLEASE LIST: PLEASE LIST YOUR QUALIFICATIONS FOR THIS APPOINTMENT (INCLUDE SKILLS, ACTIVITIES, TRAINING, EDUCATION): I have a degree in Parks & Recreation Managment and worked for Portland Parks & Recreation from 1991-2001. I have been an Aquatics Coordinator, Recreation Programs Coordinater, Public Events Coordinator, Sports Supervisor and Managment Analyst. I am a Certified Parks & Recreation Professional through the National Recreation & Parks Association and am the former chairperson of the Oregon Parks & Recreation Association's Professional Certification Board. WHAT ARE YOUR COMMUNITY INTERESTS (COMMITTEES, ORGANIZATIONS, SPECIAL ACTIVITIES)? I am an avid user of the Glenn Jarstad Aquatic Center as well as Evergreen Park. Being new to Bremerton I have not had a chance to be involved in many other activities or organizations. I think the Parks & Recreation Commission would be an excellent opportunity to become involved, use my past experience to help the community and stay involved in the parks & recreation profession. We welcome your willingness to serve Bremerton. Please return this completed form to: Mayor's Office (360) 478-5266 239 4th Street (360) 478-5883 FAX Bremerton, WA 98337 E-mail: mayor~ci.bremerton.wa.us APPLICATION FOR CITY BOARDS/COMMISSIONS/COMMITTEE NOTE: As an applicant for a City Board, Commission or Committee, your name, address, and telephone number will be available to the press and public. You will be contacted before any action is taken on your appointment. (Please type or print clearly) DATE: NAME: ,.~0,~ ~ t'-] ~' J~"~ 0 ~,~- ~-.. ' r HOME PHONE: HOME ADDRESS: '~..:~.--i '~ f~-L.~.Ct/, ~rL_',~JL¢ r'-~/,J.~'~TATE ~,..j~3~ ZIP CODE .~ ~ ~ /' O OCCUPATION: ~'T-~ /'~./'~f /,.-,'(&TT~/~r"0/LEMPLOYER: W/'~-C.,O~ WORK PHONE: "~T'. T'I ~. cop~-f E-MAIL: FAX: BUSINESS ADDRESS' '~. L.~ , ~ © ~ ~ ~ , G ! C---t ('~ ~'~ ,..3 ,'L.... (,~ LOCAL REFERENCES (name & phone number): I AM INTERESTED IN SERVING ON (please check one or more): ( ) Disability Action Committee ( ) Planning Commission (18 yrs. & older) ( ) Civil Service Commission(18 yrs. & older) ( ) Parks & Recreation Commission ( ) Urban Forest Committee ( ) Ethics Commission ( ) Public Access Citizens Advisory Committee ( ) Parking Advisory Board ( ) Community Development Block Grant ( ) Solid Waste Management Advisory Committee ( ) Bremerton Housing Authority ( ) Youth Council ( ) Board of Appeals, Housing/Building Codes ( ) Safe Streets Steering Committee ( ) Mayor's Select Committee on Law (54, Citizen's Commission on Council Salaries Enforcement ( ) Other Is this an application for reappointment? ~ ~ If yes, how many years have you served on this commission/committee? Please turn page --> WHY ARE YOU APPLYING FOR THIS APOINTMENT? WHICH OF YOUR PERSONAL AND/OR PROFESSIONAL INTERESTS PROMPTED YOU TO APPLY FOR THIS APPOINTMENT: HAVE YOU SERVED ON ANY OTHER BREMERTON BOARD, COMMISSION, COMMITTEE OR TASK FORCE? IF YES, PLEASE LIST: PLEASE LIST YOUR QUALIFICATIONS FOR THIS APPOINTMENT (INCLUDE SKILLS, ACTIVITIES, TRAINING, EDUCATION): ' WHAT ARE YOUR COMMUNITY INTERESTS (COMMITTEES, ORGANIZATIONS, SPECIAL ACTIVITIES)? We welcome your willingness to serve Bremerton. Please return this completed form to: Mayor's Office (360) 478-5266 239 4t" Street (360) 478-5883 FAX Bremerton, WA 98337 E-mail: mayor@ci.bremerton.wa.us APPLICATION FOR CITY BOARDS/COMMISSIONS/COMMITTEE NOTE: As an applicant for a City Board, Commission or Committee, your name, address, and telephone number will be available to the press and public. You will be contacted before any action is taken on your appointment. (Please 7p~ or print clearly) DATE: ~ - ] ~ -G-'~o~ NAME: ~,Jfln H~ 1,~'}~0,~'~ HOME pHONE: ~-~- ~q(~ HOME ADDRESS: ~.~ ~O.~ P I' n.~ ~ ~,~ STATE~ ZIP CODE q~ ~ OCCUPATION: ~,~h~'7~~'~(~ ~~~ EMPLOYER:~.~.~ ~ ,1~[ work PHONE:' E- BUSINESS ' b mcr h tsl'nq, EDUCATION: ~). ~, P(~ i -~(~(~ / ~P_ i(= F~C LOCAL REFERENCES (name & phone number): I AM INTERESTED IN SERVING ON (please check one or more): ( ) Disability Action Committee ~ Planning Commission (18 yrs. & older) ( ) Civil Service Commission(18 yrs. & older) ( ) Parks & Recreation Commission ( ) Urban Forest Committee ( ) Ethics Commission ( ) Public Access Citizens Advisory Committee ( ) Parking Advisory Board ( ) Community Development Block Grant ( ) Solid Waste Management Advisory Committee ( ) Bremerton Housing Authority ( ) Youth Council ( ) Board of Appeals, Housing/Building Code ( ) Safe Streets Steering Committee ( ) ~ Mayor's Select Committee on Law Citizen's Commission Council Salaries on Enforcement ( ) Other Is this an application for reappointment? r~ (~ if yes, how many years have you served on this commission/committee? Please turn page WHY ARE YOU APPLYING FOR THIS APOINTMENT? WHICH OF YOUR PERSONAL AND/OR PROFESSIONAL INTERESTS PROMPTED YOU TO APPLY FOR THIS APPOINTMENT: . . HAVE YOU SERVED ON ANY OTHER BREMERTON BOARD, COMMISSION, COMMITTEE OR TASK FORCE? IF YES, PLEASE LIST: PLEASE LIST YOUR QUALIFICATIONS FOR THIS APPOINTMENT (INCLUDE SKILLS, ACTIVITIES, TRAINING, EDUCATION): WHAT ~E YOUR COMMUNI~ INTERESTS (COMMITTEES, ORGANI~TIONS, SPECIAL ACTIVITIES)? APPUCATION FOR CITY BOARDSICOMMISSIONSICOMMITTEE NOTE: As an applicant for a City Board, Commies}on or Committee, your name, address, and telephone number will be available to the press and public. You will be contacted before any action is taken on your appointment. (Pi.-- type or print cl.,rly) DATE: 0~//~7///~ / -- NAME:~ HOME PHONE: 3 HOME ADDRESS: ]'~ . STATE r.~- ZIP OCCUPATION=~)~. ~pec,~/'4~' ~ EMPLOYER: ~'/b/$ ~--//~.~ WO~ PHONE: ~7~_~//~ ~ E-MAIL: ~n~ ~ ~ Pa~.~X~. ' LOCAL REFERENCES (name & phone number): oOe .ye, I AM INTERESTED IN SERVING ON (please check one or more): [ ] Disability Action Committee )~' Planning Commission (18 yrs.& older) ( ) Civil Service Commission(18 yrs. & older} ( } Parks & Recreation Commission ( ) Urban Forest Committee ( ) Ethics Commission ( ) Public Access Citizens Advisory Committee ( ) Parking Advisory Board ( ) Community Development Block Grant ( ) Solid Waste Management Advisory Committee ( ) Bremerton Housing Authority ( ) Youth Council ( ) Board of Appeals, HOusing/Building Codes ( ) Safe Streets Steering Committee ( ) Mayor's Select Committee on Law i ) Citizen's Commission on Council Salaries Enforcement ( ) Other ~n application for reappoin~ment? ,w many years have you served on this commission/committee? Please turn page VHY ARE YOU APPLYING FOR THIS APOINTMENT? ~/HICH OF YOUR PERSONAL AND/OR PROFESSIONAL INTERESTS PROMPTED YOU TO APPLY FOR 'HiS APPOINTMENT: AVE YOU SERVED ON ANY OTHER BREMERTON BOARD, COMMISSION, COMMITTEE OR TASK QRCE? IF YES, PLEASE LIST: ~=ASE LIST YOUR QUALIFICATIONS FOR THIS APPOINTMENT (INCLUDE SKILLS. ACTIVITIES, RAINING, EDUCATION): ,HAT ARE YOUR COMMUNITY INTERESTS (COMMITTEES, ORGANIZATIONS, SPECIAL le welcome your wittingne8s to serve Breme~on. Piease return this comMeted form to: Mayo(s Office (360) 478.5266 239 4~ Street (360) 47~-5883 F~ Breme~on, WA 98337 E-mail: mayo~ci.breme~on.wa.us 02/15/02 FRI 13:$3 FAX 3604769661 C~ ENGINEER [~004 Extra Sheet, Planning Application of Alan Strange 1. Why I am applying; This' is a critical year for Bremerton. The revision of the Comprehensive Plan, Hiway 303 revision, revitalization of the Downtown area and quality of life issues for District one residents have prompted me to step fo~ard. Bremerton is a wonderful community but the challenge we are faced with is balancing the changes necessary to foster growth while preserving the quality of life of the existing neighborhoods. For the past year I have been deeply involved with the rezone/Comp Plan revision process. As the Chairperson of the Hanford Avenue Neighborhood Assoc. (HANA) I have worked closely with Seattle area law firms, the Director of Planning, the Bremerton Planning Commission and addressed the City Council on District One concerns. I and my Association feel that the expertise and dedication I would bring to the Planning Commission will enable all of Bremerton to move forward. 2. My position as the Chairperson of lIANA, and the Planning issues we clealt with that affected the Comp Plan have motivated me to come forward and apply. As a native bom Bremertonian i am concerned that past planning problems such as spot rezones may continue to plague us unless competent leadership is available to make the tough decisions that can foster responsible growth. All residents of Bremerton have invested in her future, and all the residents should reap the harvest I feel confident that I can bring to the Commission a balanced oullook and measure up to the expectations required of the position. 3. i have not served on a Bremerton Board however I have served on County and State committees as follows; I was appointed by the Washington State Director of Natural Resources to sit on the Green Mountain Task Force. The mission of this committee was to develop policy for access and land use of Green Mountain and surrounding Tahuya forest area. I was also assigned as a member of the Kitsap County Shooting Ordinance Review Board, The mission ol~ this board was to draft the County ordinance dealing the safe discharge of firearms, shooting range design requirements, setbacks for safety and noise control. 4. My Community and Professional qualifications for this position are varied as follows; 1) I am currently the Chairperson of the Hartford Avenue Neighborhood Association, representing over 250 voters. 2) Past Secretary of the IBEW local 574, 3) Past executive secretary of the Catfish Lake Community Club, 4) Past Secretary of the Kitsap Rifle and Revolver Club 5) Past East Bremerton Pee Wee Association Sports Coordinator. 6) Past Temporary Services Zone Manager over a PSNS Carrier overhaul project 7) Past Homeporting Supervisor in charge of berthing services to all Naval Ships entering and leaving PSNS 8) Past Electrical/Mechanical Process manager over temporary Services at PSNS 9) Collateral duties as a Total Quality Leadership Facilitator. One team I facilitated resulted in consolidating the Naval Supply System and huge savings to the Government. 10) Member of the Washington State Department of Natural Resource Green Mountain Task Force. 11) Team building facilitation training 12) Root cause analysis training. APPLICATION FOR CITY BOARDS/COMMISSIONS/COMMITTEE NOTE: As an applicant for a City Board, Commission or Committee, your name, address, and telephone number will be available to the press and public. You will be contacted before any action is taken on your appointment. (Please type or print clearly) DATE: March 14, 2002 NAME: Mariwyn Tinsley HOME PHONE:360-479-1941 HOME ADDRESS: 1451 Lakehurst Dr., Bremerton, WA 98312 OCCUPATION: Retired, School Administrator, Bremerton School District WORK PHONE E-MAIL: tinsley@silverlink.net FAX: 360-479-8721 BUSINESS ADDRESS: EDUCATION: Jefferson High School, Jefferson, TX. Texas Woman's University BS, Seattle Pacific Univ. MA, Post Grad. Work Univ, of WA, Walden Univ. LOCAL REFERENCES (name & phone number): De Wayne Boyd Retired Bremerton School Dist. Superintendent 360-479-7297 Gail Sackman Principal Crownhill Elementary School 360-697-6382 Jennifer Martin CASA Guardian Ad Litem Juvenile Division 360--37-5458 I AM INTERESTED IN SERVING ON (please check one or more): ( ) Disability Action Committee ( ) Planning Commission (18 yrs. & older) ( ) Civil Service Commission(18 yrs. & older) ( ) Parks & Recreation Commission ( ) Urban Forest Committee { ) Ethics Commission ( ) Public Access Citizens Advisory Committee ( ) Parking Advisory Board ( ) Community Development Block Grant ( ) Solid Waste Management Advisory Committee ( ) Bremerton Housing Authority ( ) Youth Council ( ) Board of Appeals, Housing/Building Codes ( ) Safe Streets Steering Committee ( ) Mayor's Select Committee on Law (X) Citizen's Commission on Council Salaries Enforcement ( ) Other Is this an application for reappointment?_no If yes, how many years have you served on this commission/committee? WHY ARE YOU APPLYING FOR THIS APOINTMENT? I am interested in participating in city government as a community volunteer and feel I have a good understanding of Bremerton as a community. I worked for over 30 years in the Bremerton Public Schools and have served on a number of committees and boards during those years. As a retired community member, I am also involved in a number of volunteer projects within the community. WHICH OF YOUR PERSONAL AND/OR PROFESSIONAL INTERESTS PROMPTED YOU TO APPLY FOR THIS APPOINTMENT: My desire to be a contributing member of my community is my primary reason for applying for this position. I was also asked to consider this position as a way to serve my community. HAVE YOU SERVED ON ANY OTHER BREMERTON BOARD, COMMISSION, COMMITTEE OR TASK FORCE? IF YES, PLEASE LIST: Bremerton Parks and Recreation Commission - 8 years Head Start Policy Council - 3 years Gateway/Kid City Childcare Planning Committee - 2 years Commission on Children and Youth - Strategies/Coordinating Committee 2 years Multiple Use of Public Facilities Committee 3 years PLEASE LIST YOUR QUALIFICATIONS FOR THIS APPOINTMENT (INCLUDE SKILLS, ACTIVITIES, TRAINING, EDUCATION): My education and work experience has been in teaching, being a principal and assistant superintendent of a school district. All of these positions require learning, team work, problem solving, working cooperatively and bringing diverse opinions together. All of these work experiences will transfer into a quality committee member. My 8 years on the Parks Commission and serving as Chairman for 7 of those years gave me a chance to understand the working of the City Council and Bremerton Community. My work with young children serving on the HeadStart Policy Council and being a member of the planning committee for the Gateway/Kid City Childcare Facility provided me the opportunity to work with social agencies within the city and to work in a collaborative manner with all members. I also serve as a CASA for the Juvenile Courts and this has given me indepth knowledge and understanding of the court system and how to work with families in crisis. Other community volunteering include Stewardship Chairman, New Member Ministry and Stephen Ministry at Central Kitsap Presbyterian Church and these committees also are opportunities to use organization skills, problem solving and decision making as we work collaborative toward a common vision. WHAT ARE YOUR COMMUNITY INTERESTS (COMMITTEES, ORGANIZATIONS, SPECIAL ACTIVITIES)? Commission on Children and Youth - Strategies/Coordinating Committee, CASA Juvenile Court, Central Kitsap Presbyterian Church, Habitat for Humanities We welcome your willingness to serve Bremerton. Please return this completed form to: Mayor's Office (360) 478-5266 239 4th Street (360) 478-5883 FAX Bremerton, WA 98337 E-mail: mayor@ci.bremerton.wa.us AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: FOR AGENDA OF: March 27, 2002 WB-6 Pump Station, Contract Award 'ORIGINATING DEPT: PW&U Engineering Div. ORIGINATOR: W. Eugene Sampley, Director DATE SUBMITTED: March 15, 2002 2. CLEARANCES: (comment on back 3. EXHIBITS Director, Public Works/Utilities A. Bid Tabulation Form City Attorney Site Map Council Budget & Finance Council Operations Committee MAYOR~-,~.~'""'-~~~'~ ' {~//~-~ ""-- COUNCIL PRESIDENT ~ ~ 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: Bids were opened for the WB-6 Pump Station project on March 1, 2002. There were six bids received for this project. Stan Palmer Construction was the lowest responsive bidder with a bid of $1,534,190 (including sales tax.) The Engineer's estimate for the project is $1,833,279. This project is funded in part by an EPA Grant. The EPA requires that they approve the low bidder prior to contract award. EPA approval is anticipated by April 5, 2002. The requested action before the City Council is approval of the contract with Stan Palmer Construction contingent upon EPA approval. 5. RECOMMENDATION: The City Council approve award of the WB-6 Pump Station project to Stan Palmer Construction contingent upon EPA Approval, for the mount of $1,534,190 (including sales tax) and authorize the Mayor to execute the same. 9. RESPONSIBLE OFFICIAL: City Engineer ENFORCEMENT OFFICIAL: N/A EXPIRATION DATE: REVIEW DATE: 10. NOTICE OFACTION PULLED TABLED APPROVED DISAPPROVED A~~_ COUNCIL DIRECTWE DAT. 11. AGENDA BILL NO: 0& - 0 57 6. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: The City of Bremerton will not compete the Callow Priority 3 CSO separation by December 31, 2002 as required by Federal Court order. 6. IMPACT ON STAFFING, BUDGETS~ FACILITIES~ EQUIPMENT OR OTHER RESOURCES: Staffing: No Impacts Budget: The Callow Priority 3 - WB-6 Pump Station Project is funded by a Public Works Trust Fund loan and EPA grant funding. The project is included in the 2002 budget. Facilities/Equipment: No Impacts 7. RESEARCH SOURCES CITY OF BR ERTON BID TABULATION I BID i BIDDER ' REC'D ~',~ ~ SUMMARY TOTAL BID COMMENTS ~PARENT LOW BIDDER~ ~~ 8ECOND LOW BIDDER THIRD LOW BIDDER AVM NOI~HMI z~ ND~VM (~0~ ~H Z~ Z ~ ..... 'OA'IE] -IYNOI.LYN ,iYN ~ '~ ~ AYMHOIH ' 'O~l AY8 ~J3J. SAO A¥8 ~J3ZSAO 3NI~t¥tAI AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: FOR AGENDA HAP, CH 27, 2002 OF: Landscaping of the new Eastside CSO ORIGINATING DEPT: Public Works & Utilities Treatment Facility. ORIGINATOR: Pat Coxon, VVVV'I'P Manager -~'~_~L..- DATE SUBMITTED: Ma~ch 7, 2002 2. CLEARANCES: (comment on b,~~s~-y) 3. EXHIBITS Director, Public Works/Utilities .,,...--?~~~ Varick Landscaping bid, submitted ~t City Attorney _~ j March 4,2002. Administrative Services Manage-'i~J ~'--~-~~ _ ._//// Council Budget & Finance Committe.~'~ ~'~ Operations Committee _~z~j~~~" MAYOR'"-"'"'~ ~ - COUNCIL PRESIDENT 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The Department of Public Works and Utilities seeks approval of the attached bid from Varick Landscaping, to purchase and install shrubbery, trees, grasses and irrigation at the newly constructed Eastside CSO Treatment Facility. The submitted bid price was $24,955.00. 8. RECOMMENDATION: That the City Council approve the submitted bid price for the landscaping of the Eastside CSO Treatment Facility, at a cost of $24,955.00. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED , TABLED APPROVED DISAPPROVED AMENDED COUNCIL DIRECTIVE ~:b 11. AGENDA BILL NO: 0~- OGo 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: · Erosion of the site due to the lack of groundcover · Increased liability to the City, should sediment wash from the site into Puget Sound and violate water quality standards. · The site would not be aesthetically pleasing to the citizens of Bremerton. 6. IMPACT ON STAFFING~ BUDGETS~ FACIUTIES~ EQUIPMENT OR OTHER RESOURCES: Staffing: N/A Budget: Funds are budgeted through the Eastside CSO Facility Project. Equipment: N/A 7. RESEARCH SOURCES ~' (xel SeleB IOUl) 31V~IIB3 H33NI~N3 ~aaam Mol " glNg~03 OIB 9V~O~ ' ~ NOIB::I~::iBB JO A.LIC) PURCHASED SERVICES AGREEMENT Varick Landscaping THIS IS A CONTRACT for purchased services, made and entered into this __ day of ,2002, by and between the City of Bremerton, hereinafter called "City" and Varick Landscaping, hereinafter called "Comractor," referred to collectively as the "Parties." WHEREAS, the purpose of this contract is to provide landscaping services at the Eastside CSO Facility, to the City of Bremerton. NOW, TI:rEREFORE, in consideration of the terms and conditions contained herein, and attached and incorporated and made a part hereof, the City and Contractor mutually agree that Contractor shall provide landscaping services at the Eastside CSO Facility to the City of Bremerton as follows: I. Scope: The Contractor shall provide all performance of work for landscaping, including all labor, materials, transportation, equipment, supplies, and services necessary for and reasonably incidental to the completion of all work as set out in the Planting and Irrigation Specifications for .the Eastside CSO Facility, which is attached as Exhibit A and incorporated herein by reference. The Planting and Irrigation Specifications for the Eastside CSO Facility may be modified only pursuant to Section VIII. D. of this Agreement. If the Planting and Irrigation Specifications for the Eastside CSO Facility provides for unspecified additional services the City may request, such services shall only be performed upon the express, written request of the City. Consultant further represents that the services furnished under this agreement will be performed in accordance with generally accepted professional practices in effect at the time such services are performed. 1I.Term: This Agreement commences on the date of execution of this Agreement and terminates on June 30, 2002 unless another date is substituted pursuant to Sections VII. D. orlX. m. Compensation: The City agrees to pay Contractor according to the bid price attached as Exhibit B. Contractor's charges and bills shall conform to the bid price at Exhibit B. The Contractor shall submit regular billing statements describing services rendered. Upon receipt of a billing statement, the City shah promptly process payment. Contractor shall not perform work beyond the Planting and Irrigation Specifications for the Eastside CSO Facility, nor shah Contractor be compensated for such work,., unless the Planting and Irrigation Specifications for the Eastside CSO Facility or mount of compensation is modified pursuant to this Agreement. Any out-of-scope services requested by and approved by the City WWTP Manager shah be compensated for at an amount to be agreed upon laterl q? IV. Relationship of Parties: The parties intend that an independent contractor-employer relationship will be created by this Agreement. As Consultant is customarily engaged in an independently established trade which encompasses the specific service provided to the City, no agent, employee, representative or sub-contractor of Consultant shall be or shall be deemed to be the employee, agent, representative or sub-contractor of the City. In the performance of the work, Consultant is an independent contractor with the ability to control and direct the performance and details of the work, the City being interested only in the results obtained under this Agreement. None of the benefits provided by the City to its employees, including, but not limited to, compensation, insurance, and unemployment insurance are available fi-om the City to the employees, agents, representatives, or sub-contractors of the Consultant. Consultant will be solely and entirely responsible for its acts and for the acts of Consultant's agents, employees, representatives and sub-contractors during the performance of this Agreement. The City's administration and enforcement of this Agreement shall not be deemed an exercise of managerial control over Contractor or its personnel. Contractor shall work under the direction of the City's WWTP Manager. The City may, during the term of this Agreement, engage other independent contractors to perform the same or similar work. V. Work Performed at Consultant's Risk: Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the work hereunder and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. vi. Licenses & Taxes: Contractor shall possess a current Bremerton Business License and regulatory licenses required to fuIfill Contractor's obligations under this contract. As an independent contractor, Contractor is responsible for payment of all taxes and licensing fees necessary to perform its obligations under this Agreement. These taxes and' fees include but are not limited to State industrial insurance, B&O, and City business licensing. If any taxes or fees due the City have been declared delinquent, Contractor, by this agreement, assigns any payments due under this contract to the City Clerk for payment of such taxes. The City may also withhold the delinquent amount, plus any additional charges arising from the delinquency, fi:om any payments due Contractor. VII. Insurance and Hold Harmless: A. Indemnification: Consultant shall defend, indemnify and hold the City, its ofeers, officials, employees, agents and volunteers harmless fi.om any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to KCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDEKSTOOD THAT THE INDEMNIFICATION PKOVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURA2XlCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. B. Insurance: The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise fi-om or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees, sub-consultants or sub-contractors. Before be~nning work on the project described in this Agreement, the Consultant shall provide a Certificate of Insurance evidencing: 1. Commercial General Liability insurance written on an occurrence basis with limits no less than $500,000 combined single limit per occurrence and general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; explosion, collapse and underground (XCU) if applicable; and employer's Any payment of deductible or self insured retention shall be the sole responsibility of the Consultant. All required policies shall be provided on an "occurrence" basis except professional liability insurance (if required), which shall be provided on a "claims-made" basis. The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the fight to receive a certified copy of all the required insurance policies. The Consultant's Commercial General Liability insurance shall comain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. The ConSUltant's insurance shall be primary insurance as respects the City and the City shall be given thirty (30) days prior written notice by ceaSfied mail, remm receipt requested, of any cancellation, suspension or material change in coverage. The City also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsemems as evidence of coverage. VIH. General Conditions: A. Reports and Information: When requested by the City, Contractor shall furnish periodic reports and documents on matters covered by this Agreement. The reports and documents shall be furnished in the time and form requested. Contractor shall maintain accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to substantiate all billed information. B. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. C. Severability: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. D__~ Modification: This Agreement may only be modified by written instrument signed by both Parties. E. Notices: Notices shall be in writing and delivered to the following addresses: City Address Contractor Address WWTP Manager lVfike Varick City ofBremerton, WWTP Varick Landscaping 1600 Oyster Bay Ave. S. 10228 Echo Valley Rd. NW ~ Bremerton, WA 98312 Bremerton, WA 98312 F. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other fight or power. G. ~Compliance with Laws: Contractor shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. H__~. Choice of Law and Venue: This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. I_. Attorneys' Fees: To the extent not inconsistent with RCW 39.04.240, in any claim or lawsuit for damages arising from the parties' performance of this agreement, each party shall be responsible for payment of its own legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit; however, nothing in this subsection shall limit the City's right to indemnification under Section VII of this agreement. J. Assignment: Any assignment of this Agreement by the Consultant without the written consent of the City shall be void. If the City shall give its consent to any assignment, the terms of this agreement shall continue in full force and effect and no further assignment shall be made without the City's consent. IX. Nondiscrimination: Contractor shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status, or disability, except for employment actions based on bona fide occupational qualification. Termination: This Agreement may be terminated, at will, by either Party upon ninety (90) days' notice to the other Party. This Agreement may be immediately terminated for cause by a Party if the other Party substantially fails to perform through no fault of the terminating Party, and the non-performing Party does not commence correction of the failure of performance within five days of the terminating Party's sending notice to the non-performing Party. Upon termination, the City shall be entitled to copies of all Contractor's records and data pertaining to performance under this contract. The City will pay Contractor for services rendered up until the date of termination upon receipt of invoices substantiating the extent of satisfactory services rendered. Successors and Assigns: The City and Contractor each agree to be bound to the other party in respect to all covenants, agreements, and obligations contained in this contract. Nekher party shall assign the contract in part or as a whole, without the written consent of the other. IN WITNESS WI~,REOF the parties hereto have executed this Contract the date and year indicated. VARICK LANDSCAPING Mike Varick Date CITY OF BREMERTON Cary Bozeman, Mayor Date Departmemal Approval W. Eugene Sampley, Director Public Works & Utilities Approved as to form: / Roger Lubovitch City Attorney Received for Filing: Kathleen McCluskey, City Clerk Planting and Irrigation Specifications for the Eastside CSO Facility Prepared by _ CiTY OF BREMERTON '.. ¥;A.~TEWATFR TREATMEI-.',T PLANT 'Tim I, ABSON ~ASTEEL ~0. 360,.297-2444 P.O. Box 1736 Killgston Wa. 98346-1"J'3G ]]~RIGATION SYSTEM SECTION 02750 Page 1 1. GENERAL A. GENERAL REQ~S Conform to the General Conditions, Supplementary Conditions and Division 1. B. SCOPE AND DESCRIPTION The sprinkler system shall be constructed using the sprinklers, valves, piping, fittings, controller, wiring, etc., of sizes and types as shown on the drawings and as called for in these specifications. The systems shal~ be constructed to grades and conform to areas and locations as shown on the drawings. C. LABOR AND MATERIALS The Contractor shall provided and pay for ail labor and materials and all equipment and transportation required by such labor and materials for the complete and efficient Con- strucfion and finishing of the project work as shown on the drawings and herein specified. D. NUMBER OF1TEMS whenever an item is referred to in a singular number or where the number of items required is listed, the Contractor shaI1 supply all the items necessary to make the ~. installation complete. The number of items, when given by the Landscape Architect, is for assistance only. E. ORDINA2qCES AND REGULATIONS All local, municipal and state laws governing or relating to any portion of this work are hereby incorporated into and make a part of these specifications and shall be carried out by the Contractor. F. PROTECTION OF OWNER'S PROPERTY The Contractor shall maintain adequate protection of all his work from damage and shall protect the Owner's and adjacent property from injury Or loss arising from this contract. G. PROTECTION OF EXISTING UTrL~S The exact locations of all existing utilities not indicated on the drawings, shall be determined by the Contractor and shall conduct his work so as to prevent interruption of service or damage to them. It is the Contractor's responsibility to coordinate with the underground trility companies. H. GUARANTEE It shall be the Contractor's responsibiIity to insure and guarantee complete coverage of the areas shown on the drawings to be irrigated. The Contractor shall also guarantee the satisfactory operation of the entire system in every detail for a period of one year from the date of its acceptance. IRRIGATION SYSTEM SECTION 02750 Page 2 I. DISTRIB~ON OF WATER Distribution of water in planting areas shall be in a manner as shown on the drawings and care shall be taken to provicl~ a minlmRl'~ or no water distribution on buildings, Walks, and dry areas so designated. The Contractor is responsible to provide adequate precipitation in all planting areas. J. MATERIAL GUARANTEE All materials, installation, equipment and operation shall be guaranteed for a period of one (1) year from final accgptance. All rgpairs, replacements, alterations, relocations and adjustments shall be made at the installing Contractor's expense during guarantee period. 2. PRODUCTS AND MATERIALS A. MATRIALS All materials to be incorporated in this system shall be new unless specified otherwise , on the drawing, and without flaws or defects and of quality and performance as specified herewithln. All materials overages at the completion of the installation are the property of the Contractor and are to be removed from the site. Existing equipment (other than PVC pipe) abandoned as part of this project shall be rettmaed to the Owner. B. PIPE AND FrlWINGS - GENERAL All pipe shall be new, of standard weight for its class, and of virgin components. All pipesshall be continuously and permane.nfly marked with the manufacturer's name or trademark, size schedule, andtype ofpipe, working pressure at 73 degrees F. and National Sanitation Foundation (NSF) approved. C. PVC PIPE All plastic pipe shall be suitable for solvent weld. Pipe shall be homogenous throughout and free I~om visible cracks, holes, foreign materials, blisters, deleterious~rrinkles and dents. Pipe shall be handled with care as specified by manufacturer, both fxom its track unloading through to back-fill completion. All pipe shall conform to or exceed Commercial Standard CS 256,63 of the U.S. Deparlment of Commerce. Al 1 pipe shall be specified on the drawings..: 1. Fittings shall be specifically made for the type of pipe used. All plastic fittings shall be Schedule 40 Polyvinyl Chloride (PVC) and preferably shall be by the same manufacturer as the pipe. or shall meet selected pipe tolerances. 2. Plastic Pipe and Fittings shall t5~ joined with the solvent in the detail mauner manufacturer specifies, including cleaning and uniformity of coating. Pipe shall be installed in a manner to provide for expansion and contraction as recommended by manufacturer. When connection is plastic to metal, male adapters shall be used. Male adapters shall be hand tightened plus one tuna with strap wrench. Joint compound shall be Permatix Type 11 or equivalent~ IRRIGATION SYSTEM SECTION 02750 Page 3 3. Polyvinyl Chloride primer shall be applied to all fitting connections prior to solvent welding pipe and fittings. D. IRRIGATION SUPPLY MAIN PVC pipe shall meet ASTM D2241 specifications for PVC 1220 sch.40. PVC Schedule 40 fittings shall, be used. Join pipe by solvent welding process. E. SPRAY HEAD SPRINIrT,F. KS Sprinkler heads to be as specified on drawings, and each nozzle is to have adjusted screw. F. POP-UP BODIES Pop-Up bodies to be as specified on drawings must be compatible with spray nozzles. G. GEAR DKIVE KOTOK As specified on drawings each shall have stainless steel sleeve. I-L CON'I~OL VALVES Automatic control valves to be as specified on drawings. Each valve shall have flow control adjustment, manual bleed operation, water proof 24 volt coil, and one-piece molded diaphra~. The complete valve guaranteed for a minimum period of one (1) year against defective parts and workmanship. I. CONTKOL VALVE BOXES To be Ametek 12" standard box unless shown differently in the details or drawings. ~. DOUBI.F. CHECKBOX To be Ametek Jumbo Box or equal unless shown differently in the details or drawings. K. MANUAL DRAXN VALVES Manual drain valves shall be Wilkln.q Model 205-3/4" or equal, to be immalled at low points on the ~e. Install with 2" C1-200 PVC pipe and a Kainbird valve marker with a gravel sump for proper drainage. L. AUTOMATIC DRAIN VALVES Automatic drain valves shall be equal to King Brothers 1/2" ball check drain. M. CONTKOL CABLF. All electric underground control cables shall be of size as shown on the drawing. Wire to be placed in the trench to one side of the pipe. Where it is necessary to run wire in a separate trench, the wire shall have a minimum cover of 18 inches. All wire connections to be lef[ with sufficient slack so that in case of repair the splice may be brought to the surface without disconnecting the wires. No splices permitted between controller and valve on hot wire. All splices to be made with DS-100 dri-splilce connectors. % IRRIGATION SYSTEM SECTION 02750 Page 4 N. BACKFLOW PREVENTER This unit to be installed downstream of meter, as specified on drawings. Unit shall meet state Health Department approval. Consult legend for correct size and type. O, AUTOMATIC CONTROI.I.F.R Controller shall be as specified on drawings. P. LATERAL LINES PVC pipe shall meet ASTM Specifications D2241 for PVC 1220 Class 200. Q. MISCET.LANEOUS EQUIPMENT AND COMPONENTS Miscellaneous equipment and components not specifically indicated, but normally included in the work performed shall be furnished and installed by the Contractor. 3. EXECUTION A. EXCAVATION Excavations shall be open vertical consmaction sufificiently wide to provide free -working space around the work installed and to provide ample space for back~lling tamping. Trenches for pipe shall be cut to required grade lines, and compacted to provide an accurate grade and unifonn bearing for the full length of the line. When two pipes are to be placed in the same trench, it is required to maintain a 4-inch space between pipes as a minimum. B. PLASTIC PIPE IJNES PVC pipe, indicated herein, shall be installed for all pressure supply lines. Plastic pipe shall be installed in a manner so as to provide for expansion and contraction as recommended by the manufacturer. Plastic pipe shall be cut with a hand saw or hacksaw in a manner so as to insure square ends. Burrs at cut ends shall be removed prior to installation so that a smooth unobstructed flow will be obtained. C. SOLVENT WELD JOINTS Contractor shall use only the solvent supplied and recommended by the manufacturer to make plastic pipe joints. All connections shall be made as per manufacturer's recommendations for solvent-welding pipe. All solvent weld joints shall be first primed with P-70 (purple) PVC primer or approved equal. The pipe and fittings shall be thoroughly cleaned of dirt, dust, and moisture before applying solvent. D. PIPE CONNECTIONS The Contractor is cautioned to exercise care in handling, loading, unloading, and storing plastic pipe and fittings, all plastic pipe and fittings will be stored under cover before using, and will be transported in a vehicle with a bed long enough to allow the length of pipe to lay flat so as not to be subject to undue bending or IRRIGATION SYSTEM SECTION 02750 Page 5 concentrated external load at any pOint. Any section of pipe that has been dented or damaged will be discarded until foreign matter or dirt shall be removed from the inside of the pipe before it is lowered into position in the trench, and.it shall -be kept clean by approved means during and after laying of pipe. E. MAIN LINE PIPING Main line piping shall be installed to a depth of 18" and shall have all rocks and debris removed from trenches, bio rocks larger than 1" diameter will be permitted in trenches. Back~ll around the pipe, to a depth of 3' below the pipe and to at least 3" above the pipe. Allow a 4" minimum separation between pipes laid in common trench. F. LATERAL LINE PIPING Lateral line piping shall be laid to a depth of 12", or unless otherwise specified, and shall have the same consideration given to it as to the main line piping in regards to back-611 material. G. VALVES AND WIRES Irrigation Contractor to lay wires in trench with irrigation supply main. Contractor must lay wires so that they are not damaged dining backfilling. Arrange auto valves as shown on the drawings. Leave 12" of slack wire at all bends and connection points. Seal all wire connections, underground, with SD-100 wire connectors. Supply valve boxes at all underground connection Points. spPdN T. .R HEADS Locate all heads shown adjacent to paving and lawn and planting areas 2" to 3" from edge. I. INSTALLATION OF AUTOMATIC CONTKOLLEK VALVES AND SPR.INKLEKS The automatic controller shall be securely installed where shown on drawings. Furnish and install metallic conduit of a size to accommodate properly the number of 24 volt wires required to pass through it, from the controller unit to a point 24" from the exterior wall and 24" below grade. Junction boxes shall be furnished and installed as required to allow pulling of wires to controller. The complete controller installation shall be level, neat, sturdy, and to the complete satisfaction of the Owner. Label all zones on chart inside controller door as to area locations with plastic label tape. The remote control valves shall be installed as shown. Conductors may be installed in the same trench as the water pipe. Sharp bends or kinks in the conductors shall not be permitted. Conductors shall be unreeled in place alongside of in the trench. Under no condition shall the cable be unreeled and pulled into the trench from one end. Where two or more cables are laid parallel in the same trench, they shall be taped together not less than every 25 feet. Splices shall be limited to the areas under the valve boxes. The splices shall be made with Pentite or SD-100 connectors, or approved equal. Neatly coil two (2) feet of cable slack at each remote control valve solenoid connection within access boxes. Not less than one (1) foot of cable slack shall be lef[ on each side of all splices. The slack cable shall be placed in the trench in a series of'S' curves, ln.~'tallation of sprinkler heads shall be as detailed. IRRIGATION SYSTEM SECTION 02750 '~?age 6 J. TESTING The irrigation main line shall be hydrostatically tested by the Contractor for four (4) hours and proven tight under a pressure of 100 psi at the highest point. The maximum drop during the testing shall be 10 psi at the highest point. The maximum drop during the testing shall be 10 psi in 4 hours. If system is tested in sections, the connect/on to the previously tested section shall be included. Lateral piping shall be inspected under normal static pressure upon installation c~f all sprinkler heads. All of these tests shall be made before backfill of any nature is placed over the pipe except for that which is required to hold the pipe in place, and such will not be permitted to conceal any joint or fitting. Defective material and leakage shall be eliminated by the Contractor at his expense. K. COVERING OF UNINSPECTED WORK The contractor shall not allow or cause any of the work installed by him under the specifications to be covered before it has been inspected, tested, and approved by the Landscape Architect or by the Landscape Architect's representative. Should any of the work be covered before it has been approved, the contractor shall, at his own expense, uncover the work L. GRAVEL SUMPS Contractor shall provide, at each drain valve, manual or automatic a sump consisting of two (2) cubic feet of 1/2" minus gravel, or as shown on plan.q. · M. ADJUSTMENT Contractor to adjust all heads so that maximum coverage can be obtained. Planting types'will dictate the height of the sprinklers. N. RESTORATION Restore to original condition all paving and landscape areas affected by sleeving and trenching operations. Pavement, sub-base and compaction materials shall meet or exceed original installation specifications. Overseed trenches in seed lawn areas and sod trenches occurring in exiting lawn or new sod areas. O. CLEANING-UP All sidewalks, paved areas, and graveled areas shall be cleaned of topsoil and any other debris related to the irmallation of the sprinkler system. Do on a daily basis. P. FINAL INSPECTION Thoroughly clean, adjust, and balance system. Demonstrate the entire system to the Landscape Architect and Owner's representative, proving that all heads are properly adjusted for radius and arc of coverage, that all remote control valves are properly balanced, and that the installed system is workable, clean and efficient. IRRIGATION SYSTEM SECTION 02750 Page 7 Q. SYSTEM OPERA'ON The irrigation system shall be completely installed, tested and operable prior to planting in a unit area except where otherwise approved by the Landscape Architect. The ConU'actor shall be fully responsible for ali maintenance, repair and operation of the entire system until all work is considered complete as determined by the final inspection. P,. TOOLS The cormactor is to furnish the following tools: Two 3/4" x 3/4" hose ells Two 30" Manual drain keys TI~Rg.S, SI-IKUBS, AND GROUND COVERS SECTION 02830 Page 1 1. GENERAL A. GENER_a~ REQUIREMENTS Conform to the General Conditions, supplementary Conditions, and Division 1. B. RELATED WORK IN OTHEK SECTIONS Se'ction 02750 - Irrigation Section 02810 - Soil Preparation C. SEQUENCING AND SCHEDU-Lg. Coordinate thia work with installation of other site improvements. D. INSPECTION OF PLANT MATERIALS Ail plant materials will be inspected by the Landscape Architect prior to planting and all plant materials not meeting specifications requirements shall be rejected. A second inspection will occur at, er all plant materials are planted and they may be rejected at that time as well. E. SUBMITTALS 1. Submit sample of tree staking material. F. PKODUCT DELIVEKY, STORAGE AND HANDLING 1. Protect, at all times during handling, shipping and storage, from extreme weather conditions, wind, drying of roots or mot ball injury. 2. Plant materials showing damage from shipping or while in storag9 or during planting shall be rejected by the landscape Architect and replaced by the Owner. G. PLANT MATEFJALS SUBSTrILrrlON 1. Plants not specifically named in the planting plan will not be accepted unless specifically approved in writing by the Landscape Architect. 2. Proposed substitutes in each case shall possess the same essential characteristics as the k~nd of plant actually specified in regard to appearance, ultimate height, , shape, habit.of growth, general soil and other requiremems, and shall be approved prior to installation by the Landscape Architect. 2. PKODUCTS A. FEKT~ .IZ~K 1. General. Approved brands meeting requirement of applicable state fertilizer law. Uniform in composition and dry. Deliver to the site in original unopened containers, each bearing manufacturer's quarantined analysis. TREES, SHRUBS, AND GROUND COVERS' SECTION 02830 Page 2 B. MULCH IvlATERIAL 1. As suppled by owner. C. TREE STAKING AND TYING MATERIALS 1. Stake all trees as shown on details. D. TKEES, SHRUBS, AND GROUND COVERS 1. General. Genus, species, variety, quantity, size and condition of plant will be provided as indicated on the drawings. 2. Plant material shall be healthy nursery stock, well branched, full foliage when in leaf; . free from disease, injury, insects, weeds and weed roots. Cold storage plants will not be permitted. 3. Potted and contalner~stock shall be well rooted, vigorous enOugh to insure survival and exhibit healthy groWtk Koots shall fill the containers but not show evidence of being or have been rootbound. 4. All grafts or budding on trees shall'be at ground level, unless o~endse specified higher grafts or budding with cOmPatible trunk and branch growth characteristics may be approved by the Landscape Archite~ 5. Trees. Provided untapped, strai~t, single leader trees, except for multiple stem- ' -' (clumps) trees. 6. Plant materials shall be free from disfiguring knots, swollen grafts, snn.~cale injuries, bark abrasion, evidence of improper priming and other objectionable disfigurements. 7. Trees and shrubs shall have well developed branching systems; shrubs shall have foliage and shall not be leggy- g. Thi~ weak and leggy plants Will be rejected by the Landscape Architect. 9. Substitutions. if all other requirements are met, container-grown plants may be furnished instead of balled and bur-lapped. However, balled and burial, ed plants may not be substituted for container grown plants. Substitutions shall be made prior to installation only with a approval of the landscape Architect at no change in the contract price. 10. Plants required' Contractor responsible. The species (botanical and common names), size, manner in which the plants are to be furnished, and an indication of the number required to complete the planting are noted in specifications and planting plans. The number of ground covers shall be determined in accordance with the spacing specified on the drawings or in the specifications. Surplus or shortages o£plant materials will not be justification for additional .compensation. E. PLANT STAKTEK All plants shall be watered in with Kelp Meal. Apply 1 cup/per I" of tree caliper. TR~S, SHRUBS AND GROUND COVERS SECTION 02130 Page $. EXECUTION A. INSPECTION 1.. Verify that planting bed grades are in accordance with those indicated on the drawings before proceeding with work 2. Soil Condition a. Examine planting areas for conditions that will adversely affect execution, permanence, and quality of work and survival of plant materials. b. Planting work shall not begin until soil and planting conditions are satisfa~ory to the Laildscape Architect. B. LAYOUT AND PLANT LOCATION 1. Layout of the planting areas, as indicated on the drawiugs, are approximate only and must be verified by the Laudscape Amhi'te~t. 2. The Owner shall notify the Landscape Architect forty-eight (4g)-hours prior to be~nning any planting. The Landscape Arcl~tect may adjust plant material location to meet field conditions. Planting shall not occur until the Landscape Architect has approved the location and layout of all plant beds. All ground covers shall be planted using triangular spacing. C. PLANTING OF TREES, SHRUBS AND GROUND COVERS 1. Plant trees and shrubs Upright and face to give best appearance or relafionship to adjacent plants and structt~s. Shrubs and ground covers sMll be planted one-half the distance from curbs, sidewalks, building and other objects, as specified in the spacing requirements. 2. Excavation for planting. a. See deatil drawing. 3. Add kelp Meal during bacloSll. 4. Cut off cleanly all broken or frayed roots. 5. Place and lightly compact ba¢loSll, filling all voids. 6. Water when hole is 2/3 backfilled. Flood the pIant pit and allow water to soak away. Fill to finish grade provide saucer as detailed. D. MULCHING Mulch all grotmd cover planting beds with two (2) inch layer of mulch material within two (2) days after planting. Cover entire bed areas; apply evenly. Do not cover branches with bark. E. STAKING AND TYING TRlZYFS 1. Stake and tie trees immediately alter planting as indicated on the detail drawings. 2. Drive stakes into the ground as shown on the drawings. Do not injure root ball. 3. Stake all trees except as otherwise indicated. TR~S, SHRUBS AND GROUND COVERS SECTION 02830 - Page 4 F. PRUlqI~G 1. Shall be done under the direction of the Landscape Architect or his representative. G. CLEAN-UP 1. Keep premi.~es reasonably free from accumulation of debris. 2. At completion of each area of work, remove all debris, equipment and surplus materials. SOIL PI~F~PARATION SECTION 02810 Page 1 1. GENERAL A. GENERAL REQI. KREMENTS ~' Conform to the General Conditions, Supplementary Conditions, and Division 1. B. Section 02750 - Irrigation Section 02830 - Trees, Shrubs and Ground Covers C. SEQUENCING AND SCHEDUL~ Coordinate soil preparation work with installation of other site improvements. D. ENVIRONMENTAL CONDITIONS Prepare soil only when topsoil is not in a wet or muddy condition- Take all precautions to control runoff of topsoil and fertilizers and to contain on the project site. 2. PRODUCTS A. SOIL AMENDES As supplied by Owner. ~ B. GYPSUM Flour grade or pellets, apply ~ rates as specified by manufacturer. · Dolomite lime apply at rates specified by man,,f~cturer. D. WATER Shall be suitable for irrigation, free from off, acid, alkali, salt or other substances harmful to plant life. 3. EXECUTION A. INSPECTION Owner/Contractor shall be responsible for obtaining finished grade in all plant beds prior to planting. Owner/Contractor ~hal] be responsible to clean all debris ~rom Planting beds prior to filling. B. PREPARATION OF GROUND SURFACES 1. Till ground surfaces, which are to. receive plantings and tur~ to a minlmnm aepm or 6". 2. Remove lumber, stone, sticks, mortar, concrete, rubbish,, debris, contaminated soil and any material harmfitl to plant life. This may necessitate hand raking. All rock, stone, debris, etc., over 1" in size shall be removed. - SOIL PREPARATION SECTION 02810 Page 2 3. Locate and securely mark or flag all area drains, catch basins and clean-outs. C. PREPARATION OF PLANTING BEDS Soil amendments in all lawn and planting bed areas shall be a minimum of 6" depth. Uniformly and thoroughly cultivate into existing soil fill 8"- 12". Add Gypsum and Lime at rates recommended by manufacturer at this time. D. FINE FINSIH GRADES Maintain previously established grades. E. CLFAN-LrP 1. Keep project site reasonably free from accumulation of debris, topsoil 2. Remove topsoil from cement, concrete and asphalt paving on a daily basis. 3. Maintain pavement in a clean condition by sweeping, raking, vacm~ming and/or hosing down. This material shall be removed from the site or placed into the plant bed if appropriate. All efforts shall be made to guarantee that catch basins, inlets and area drains are kept clean or - this debris. 4. At completion of each area of work, remove debris, equipment and surplus materials. AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Interlocal Agreement Regarding FOR AGENDA OF: Funding, Development and Operation of the ORIGINATING DEPT: Kitsap Regional Conference Center ORIGINATOR: Gary Sexton DATE SUBMITTED: 3/14/02 2. CLEARANCES: (Comment on back if necessary) 3. EXHIBITS: CITY ATTORNE~ ~ x_ APPROVED FOR SUBMITTAL BY COUI~CIL PRESIDENT: MAYOR: ~' ~ ~ 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The Interlocal Agreement between Kitsap County Public Facilities District, Kitsap County and the City of Bremerton provides the basic elements and processing for funding the $6.9 million contribution by the PFD for the Regional Conference Center along with basic requirements and review by the PFD during the design and construction phases. 5. RECOMMENDATION: Move to authorize the Mayor, on behalf of the City of Bremerton, to enter into and sign the Interlocal Agreement Regarding Funding, Development and Operation of the Kitsap Regional Conference Center. 6. RESPONSIBLE OFFICIAL: Mayor ENFORCEMENT OFFICIAL: Mayor EXPIRATION DATE: N/A REVIEW DATE: N/A 7. NOTICE OF ACTION: [-~ l,~ PULLED ~] TABLED [] APPROVED ~] DISAPPROVED ~'~ AMEND~AWE: COUNCIL DIRECTIVE: 8. AGENDA BILL NO · 9. IMPACT OF NON-PASSAGE: We would lose the major funding for the Hotel/Conference Center project that is crucial at this time. 10. IMPACT ON STAFFING~ BUDGETS~ FACILITIES~ EQUIPMENT OR OTHER RESOURCES: The Hotel/Conference Center PFD funding will help pay the impact on staffing, budget and facilities for the project. 11. RESEARCH SOURCES: March 21, 2002 Interlocal Agreement Regarding Funding, Development and Operation of the Kitsap Regional Conference Center 1. Date and Parties. This Interlocal Agreement ("Agreement") is dated the 28th day of March., 2002, and is entered into by and between KITSAP COUNTY ("County"), a county duly organized and operating pursuant to the Constitution and laws of the State of Washington; the KITSAP PUBLIC FACILITIES DISTRICT ("PFD"), a municipal corporation duly organized and operating pursuant to the laws of the State of Washington and as established by the County; and the CITY OF BREMERTON ("City"), a first class charter city duly organized and operating pursuant to the laws of the State of Washington. 2. General Recitals. A. The County Commissioners established the PFD, pursuant to the Chapter, to perform any functions, or combination of functions, authorized by the Chapter. B. The City is cooperating with several governmental agencies, including KT, the County and the PFD, and with private sector parties to develop and finance the Project for the benefit of the residents of Kitsap County. C. The Conference Center will include not less than 15,000 square feet of gross floor space, including not less than 7,500 square feet of banquet space, and associated parking of approximately 150 parking spaces. The Associated Parking shall be located within the Parking Facility. D. The cost of the Conference Center will exceed $10 million. E. The PFD has determined that the Conference Center is a regional center that meets the criteria of the Chapter and has approved supporting the Project by providing $6.9 million of financing. Intedocal Agreement Regarding Funding, Development and Operation of the Bremerton Regional Conference Center Page 1 Interlocal Agreement Regarding Funding, Development and Operation of the Kitsap Regional Conference Center 1. Date and Parties. This Interlocal Agreement ("Agreement") is dated the 28th day of March, 2002, and is entered into by and between KITSAP COUNTY ("County"), a county duly organized and operating pursuant to the Constitution and laws of the State of Washington; the KITSAP PUBLIC FACILITIES DISTRICT ("PFD"), a municipal corporation duly organized and operating pursuant to the laws of the State of Washington and as established by the County; and the CITY OF BREMERTON ("City"), a first class charter city duly organized and operating pursuant to the laws of the State of Washington. 2. General Recitals. A. The County Commissioners established the PFD, pursuant to the Chapter, to perform any functions, or combination of functions, authorized by the Chapter. B. The City is cooperating with several governmental agencies, including KT, the County and the PFD, and with pdvate sector parties to develop and finance the Project for the benefit of the residents of Kitsap County. C. The Conference Center will include not less than 15,000 square feet of gross floor space, including not less than 7,500 square feet of banquet space, and associated parking of approximately 150 parking spaces. The Associated Parking shall be located within the Parking Facility. D. The cost of the Conference Center will exceed $10 million. E. The PFD has determined that the Conference Center is a regional center that meets the criteria of the Chapter and has approved supporting the Project by providing $6.9 million of financing. F. The PFD, under the authority of RCW 82.14.390, imposed the Interlocal Agreement Regarding Funding, Development and Operation of the Bremerton Regional Conference Center Page 1 Draft 3~9~02 Marked to Show Changes Tax to support the projects selected by the PFD. G. The PFD has determined that the cost of providing and operating the Kitsap Regional Conference Center can be reduced through partnership with the County and the City, and accordingly the County will issue bonds to finance the Project and the City will assume responsibility for constructing and operating the Project. H. The County intends to issue the Bonds to fund the $6.9 million dollars that the PFD has designated to be used for the construction of the Conference Center. 3. Incorporation of Recitals. The foregoing Recitals are incorporated herein by this reference and made a part hereof. 4. Definitions. All words used in this Agreement shall be given their normal and ordinary meaning unless defined in this Section 4. The following are the special definitions for the purpose of this Agreement only. "Associated Parking" shall mean the parking area of approximately 150 parking spaces associated with the Conference Center. The Associated Parking will be located in the Parking Facility. "Bonds" shall mean the limited tax general obligation bonds to be issued by the County to finance the Conference Center and any other bonds or other evidence of indebtedness of the County the proceeds of which will be used to refund Bonds. "Chapter" shall mean the Revised Code of Washington Chapter 36.100. "City" shall mean the City of Bremerton, a first class charter city duly organized and operating pursuant to the laws of the State. "Commencement of Construction" shall mean beginning any construction activity on the Conference Center site, including, but not limited to, demolition of existing improvements that must be removed for the placement of building foundations. "Conference Center" shall mean the Kitsap Regional Conference Center, a regional tourism related facility which will include no less than 15,000 square feet of gross floor space, including no less than 7,500 square feet of banquet space, the Associated Parking, and related public spaces, including a lobby area and additional break-out spaces, and which facility shall be part of the Project. The Associated Parking will be Interlocal Agreement Regarding Funding, Development and Operation of the Bremerton Regional Conference Center Page 2 located in the Parking Facility. "County" shall mean Kitsap County, a county duly organized and operating pursuant to the Constitution and laws of the State. "KT" shall mean Kitsap Transit Authority. "PFD" shall mean the Kitsap Public Facilities District, a municipal corporation duly organized and operating pursuant to the laws of the State and established by the County. "Parking Facility" shall mean the parking garage that will be part of the Project. The Parking Facility will include the Associated Parking. "Project" shall mean the development to be located adjacent to the Bremerton Ferry Terminal and will include the Conference Center, the Parking Facility, a restaurant, public transit related facilities, a hotel, pedestrian oriented retail space, pedestrian odented public spaces, professional office space and possibly residential facilities. The Project is generally described in the City Request For Proposal of February 11,2002. "Sales Tax" shall mean the nonvoted sales and use tax to be imposed by the PFD in accordance with RCW 82.14.390 at a rate not to exceed 0.033% of the selling price in the case of a sales tax or value of the article used in the case of a use tax, which tax shall be deducted from the amount of tax otherwise required to be collected or paid over to the State's Department of Revenue and shall expire when the Bonds (or any additional bonds issued to finance the completion of the Kitsap Special Events Center Project) are retired, or in any event not later than July 1, 2026. "Sales Tax Revenue" shall mean all revenue collected by the PFD from the Sales Tax. "State" shall mean the State of Washington. 5. Agreement Purpose. This Agreement is being entered into pursuant to RCW 36.100.030(2). The purpose of this Agreement is to set forth the rights and responsibilities of each of the parties with regards to the funding, development and operation of the Conference Center, as a regional tourism-related facility, meeting the definition of a Regional Center, as defined in RCW 35.57.020, while complying with Internal Revenue Code and Regulations regarding tax exempt municipal bond financing. 6. Land Ownership. The City shall own the land upon which the Conference Intedocal Agreement Regarding Funding, Development and Operation of the Bremerton Regional Conference Center Page 3 Center is constructed. Other lands within the Project may be owned by the City or other governmental or private sector entities. 7. Commencement of Construction. In order for the Conference Center to qualify for funding from the PFD, RCW 82.14.390 requires that the Commencement of Construction occur no later than December 31,2002. It is anticipated that the commencement of demolition of the Enetai Building will be the "Commencement of Construction". The City warrants to the PFD and the County that the Commencement of Construction, on behalf of the PFD, shall occur by December 31, 2002. The City may enter into agreements with other entities, including public sector entities, in order to commence demolishing the Enetai Building by December 31,2002. 8. Conference Center Financial Obliqations. A. County. The County will issue the Bonds in such amount as is necessary to make available to the PFD the $6.9 million (net of the costs of issuing the Bonds) to be used by the City for construction of the Conference Center. The money shall be made available from the County to the City in accordance with Section 9 of this Agreement. The County shall also disburse to the City any interest on the balance of the Bond proceeds for the Conference Center that are held by the County until distributed to the City, less any arbitrage rebate owed on such investment. B. PFD. In consideration for the County's agreement to issue the Bonds (which Bonds shall also finance a portion of the Kitsap Special Events Center Project), the PFD shall pay Sales Tax Revenue to the County in the amount needed to repay the Bonds, including the costs of issuing the Bonds. The County shall use the Sales Tax Revenue to pay principal of, interest on and any sinking fund requirements for the Bonds when due. The parties acknowledge and agree that the County will pledge the Sales Tax Revenue to the repayment of the Bonds. The PFD shall file annual financial statements and annual reports with the County and the City within 180 days after the end of each fiscal year. The PFD agrees to stay in existence as long as the Bonds are outstanding and not to take any action that would impact the tax-exempt status of the Bonds. C. City. The City is responsible for all funding necessary to construct, furnish and operate the Conference Center, other than the Bond proceeds provided by the County. It is anticipated that the City may use a variety of funding sources, including, but not limited to bond financing, rental revenues, unrestricted funds, grants, contributions Intedocal Agreement Regarding Funding, Development and Operation of the Bremerton Regional Conference Center Page 4 and donations. The City may use whatever funding sources are available so long as to do so will not violate the bond covenants set forth in this Agreement. The City warrants that it has or will obtain the funding necessary to develop and construct the Conference Center. In order, to meet the 33% local match of the net present value of the Sales Tax required by the Chapter in order for the PFD to impose the Sales Tax, the City will contribute cash and/or in-kind contributions other than the proceeds of the Bonds, which shall be sufficient to satisfy the match. In order to provide adequate assurances to the County and the PFD that the Convention Center construction will be completed, the City shall require the developedcontractor to provide a performance bond, assuring the completion of the Conference Center. D. Except as expressly set forth in Sections 8(A) and 8(B) above, the PFD and the County shall have no financial responsibility for the construction, maintenance and operation of the Conference Center. 9. Disbursement of Bond Proceeds. A. Initial Disbursement. The City has requested that certain funds from the Bond proceeds be disbursed to the City as reimbursement for Project expenses incurred, before the Project is fully designed, approved and permitted. The City will be incurring expenses in connection with the demolition of the Enetai Building, which is deemed commencement of construction. The County, with the approval of the PFD, agrees to make certain proceeds of the Bonds available for the construction of the Conference Center subject to certain conditions. The prerequisites for the initial disbursement are: i. Commencement of Construction. The City shall have entered into a contract for and Started demolition of the Enetai Building not later than December 31,2002; ii. Firm Commitment From Developer. The City shall have executed a firm contract with the developer of the Project for the design for the development of the Project; iii. Schematic Design. The City shall have received from the developer a schematic design for the Project; iv. Site Availability. The City shall have ownership of all land or property rights (e.g., long term ground leases) necessary to develop and operate the Conference Center and the Project, as of the date of Commencement of Intedocal Agreement Regarding Funding, Development and Operation of the Bremerton Regional Conference Center Page 5 Construction; v. Substantial Completion Date. The City shall have submitted to the PFD an estimated substantial completion date for the Project; and vi. Local Matchin.q Requirement. The City shall provide the PFD with a statement setting forth the cash and/or in-kind contributions to be contributed by the City to satisfy the local match required by RCW 82.14.390. B. Subsequent Disbursement. After the initial disbursement, the County, with the approval of the PFD, agrees to make certain proceeds of the Bonds available for the construction of the Conference Center provided the following prerequisites for disbursement are satisfied: i. Project Documents. The City shall have delivered to the PFD, and pursuant to Section 13.B., provided the PFD with opportunity for input on, all design documents for the Project; ii. Funding Plan. The City shall have provided the PFD with a plan for funding the Project, with reasonable assurances that such funding is adequate to complete the Project; iii. Permits. The City shall have obtained all necessary land use and environment permits for the development and construction of the Project; iv. Timeline for Development. The City shall deliver to the PFD a timeline for the development and the substantial completion of the Project (i.e., issuance of a certificate of occupancy for the various components of the Project). The parties agree that the dates set forth in the timeline shall be target dates, except as otherwise provided; and v. Developer Contract. The City shall have executed a firm contract with the developer of the Project for the construction and development of the Project. C. Disbursement Process. To receive the initial disbursement, the City shall submit to the County (with a copy to the PFD) documentation of expenses related to the Conference Center incurred up to the date of the request for the initial disbursement. After the initial disbursement, the City's request for disbursement shall Interlocal Agreement Regarding Funding, Development and Operation of the Bremerton Regional Conference Center Page 6 be based upon the payment schedule in the construction contract between the City and the developer for work performed related to the Conference Center and authorized to be financed with the proceeds of the Bonds. All requests for disbursements shall be made to the County Director of Administrative Services in writing, with documentation of expenses actually incurred (with a copy to the PFD). The County Director of Administrative Services shall review and approve disbursement requests consistent with the purposes of the Bonds and this Agreement. The County shall further notify the PFD of all disbursement payments to the City. D. Reservation of Riqhts. The PFD and the County reserve the right to transfer the proceeds of the Bonds to other eligible projects should the City default under this Agreement and or otherwise become unable to complete the Project as set forth herein. -10. Bond Covenants. The Conference Center shall be owned and operated by the City. Other elements of the Project will be owned and/or operated by the private sector, other governmental entities, or the City. It is anticipated that the hotel, the residential portion of the Project, the restaurant, and the retail space shall be owned and/or operated by the private sector. The catering for the Conference Center events may be provided by a private sector business. However, no use of the Conference Center shall be made that would jeopardize the tax exempt status of the Bonds. Accordingly the City covenants and agrees as follows: A. The City shall not use or permit to be used any of the proceeds of the Bonds in such a manner, and shall not take or allow to be taken any action in such a manner, as to cause the interest on the Bonds to be included in gross income for purposes of federal income taxation. The City specifically covenants and agrees not to take any action or permit any action to be taken if the result of such action would be to cause the Bonds to be bonds "federally guaranteed" within the meaning of Section 149(b) of the Internal Revenue Code. B. The City shall not use proceeds of the Bonds for any "private business use" as defined by the Internal Revenue Code, if such use would result in the inclusion in gross income of interest on the Bonds. Without the consent of the County, the City shall not enter into any lease of or management contract for all or a portion of the Conference Center with a private party. C. The City agrees that it will not sell, lease or otherwise transfer the Conference Center in a manner which would cause the interest on the Bonds to become includable in gross income for purposes of federal income taxation or without Intedocal Agreement Regarding Funding, Development and Operation of the Bremerton Regional Conference Center Page 7 the approval of the PFD (which shall not be unreasonably withheld). 11. Environmental Law Compliance. A. The City shall be responsible for complying with all environmental laws with regards to the Conference Center construction. This includes, but is not limited to, city regulations, the State Environmental Policy Act (SEPA), CERCLA (42 USC 9603), MTCA (RCW 70.105(D)), and the Clean Water Act (33 USC § 1321 ). B. Pursuant to WAC 197-11-944, the County and the PFD hereby designate the City as the nominal, lead agency, whereby the City shall be responsible for complying with the duties of the lead agency under all applicable SEPA rules. 12. Permits. The City shall be responsible for obtaining all necessary permits and approvals related to the construction and operation of the Conference Center and the Project. The City shall comply with the terms and conditions of all permits and shall be solely responsible for paying any fees related thereto. 13. Conference Center Desiqn and Construction; Hotel to be Part of Proiect. A. The Conference Center will be designed to be an integral part of the Project, achieving the mutual benefits of economies of scale and joint use of open space and other common areas. B. The City shall be primarily responsible for the design and construction of the Conference Center. The PFD shall have the right and reasonable opportunity, taking into consideration the start date for Commencement of Construction, to review and comment on the proposed design and development of the Conference Center at industry standard design milestones and performance specifications, and to provide input on the selection of the Conference Center developer. The PFD shall have the right to review and comment on any development, design/build or construction contract(s) for the Conference Center. The City shall prepare the budget for the Project (including the Conference Center). C. The City agrees that it will include in the Project the construction of a hotel, as specified in the City's response to the PFD's request for proposal. D. The City shall perform (or cause to be performed by the developer) the construction and development of the Project according to the standards of the City Request For Proposal of February 11,2002, and the following standards: Intedocal Agreement Regarding Funding, Development and Operation of the Bremerton Regional Conference Center Page 8 i. Performance in a good and workmanlike manner and in compliance with all applicable laws; ii. Use of materials that are of first class quality and workmanship; and iii. First class maintenance of all portions of the Project. E. The Conference Center shall be named the Kitsap Regional Conference Center unless otherwise agreed by the PFD. 14. Administration. A. The City shall be the administrator, within the meaning of RCW 39.34.030(4), of this cooperative undertaking for the development and operation of the Conference Center, subject to the terms, conditions and limitations of this Agreement. This shall include responsibility for acquiring, designing, constructing, owning, remodeling, maintaining, equipping, repairing, preparing budgets for, financing and operating the Conference Center. The City may'use an alternative public works procedure, or other legal mechanism, to provide the most economic and efficient way to assure the success of the Conference Center and the Project. The City will seek, review and consider any recommendations from the parties hereto. However, subject to the restrictions imposed by law, and the bond covenants contained herein, the City shall have the responsibility and final authority with regards to the selection of the manner and method used to finance, construct, operate and maintain the Conference Center. B. The City shall administer the use and operation of the Conference Center in such a manner as to provide residents of both the County and City access to the Conference Center without regard to their place of residence. The City will not discriminate between County and City residents with respect to fees charged or conditions of use. C. The City shall operate and maintain the Conference Center as a first class conference center facility to be kept at all times in a safe and clean condition. The City shall provide (directly or by contract) all management, supervision, personnel, materials, equipment, services and supplies necessary to operate, maintain and repair the Conference Center and shall take all reasonable precautions to prevent damage, injury or loss by reason of or related to the construction, operation and maintenance of the Conference Center to any person or property. The PFD shall have the right to review and comment on any contracts or agreements that the City proposes to enter into for the management of the Conference Center or the Associated Parking. The City Intedocal Agreement Regarding Funding, Development and Operation of the Bremerton Regional Conference Center Page 9 77 shall comply with all applicable laws and ordinances in constructing, operating and maintaining the Conference Center. The City shall undertake all modifications to the Conference Center required to comply with all applicable laws, regulations, judgments and orders. D. Each party shall designate a representative (Designated Representative) that will serve as the official contact person for that party regarding the implementation of any provision of this Agreement. The Designated Representative may be changed at any time by giving written notice of the change to the Designated Representative of each party, and to the persons identified in Section 19. The initial Designated Representative for each party, and their address, phone number, fax number and e-mail address is attached hereto as Exhibit A. E. The Designated Representatives shall meet on a regular basis, and at such other intervals as are necessary to address issues of concern. The regular meetings will be for the purpose of advising the County and PFD of the current status of planning and construction activities and to seek County and PFD input with regards thereto. It is anticipated that the regular meetings will occur at such frequency as is necessary to provide the PFD and the County with timely relevant information and for the PFD and the County to provide the City with timely input. During the pre-construction and construction process, meetings shall occur on a weekly basis, and in any event, a meeting shall be scheduled no less frequently that once per month. After construction is completed, the regular meetings will be for the purpose of advising the PFD and the County on the Conference Center operations and to seek their input and suggestions with regards thereto. These meetings shall occur less frequently, but no less than twice per year. The obligations under this paragraph E shall terminate when the Bonds are no longer outstanding, unless otherwise agreed by the parties. F. The City,anticipates pledging the revenue from the operations of the Parking Facility to the repayment of City indebtedness for the Project. Once that indebtedness has been paid in full, if Bond proceeds have financed any of the Associated Parking and if the Conference Center is generating sufficient revenue to pay the costs of its maintenance and operations, the City agrees to share net revenue of the Parking Facility with the PFD, based upon the percentage of the Associated Parking financed with Bond proceeds or upon the number of parking stalls financed with Bond proceeds, as further negotiated by the City and the PFD at a later date. G. It is the mutual intent of the City and the PFD that the Conference Center be accessible to and affordable to Kitsap County-based non-profit organizations ("Community Groups"), without otherwise impairing the City's ability to operate the Interlocal Agreement Regarding Funding, Development and Operation of the Bremerton Regional Conference Center Page 10 Conference Center in a fiscally prudent manner. To the extent the City has adopted or does adopt policies for discounts and reduced rates for Community Groups to use other City facilities, the use of the Conference Center will be subject to such policies. Otherwise, the City shall from time to time adopt a policy for reduced rates for the use of the Conference Center by Community Groups. 15. Insurance; Destruction. A. Insurance Requirements. The City shall maintain and keep in force on the Project and the Conference Center, as applicable, the following insurance: i. Builder's All Risk Comprehensive Coveraqe. During construction, the City shall keep or require the developer to keep the Project, including the Conference Center, insured for Builder's All Risk Comprehensive Coverage (including earthquake and flood) in an amount not less than one hundred percent (100%) of the full replacement cost of the Project, including all fixtures, equipment, improvements, and betterments thereto. ii. Commercial General Liability Covera.qe. The City shall carry and require the developer to carry Commercial General Liability insurance providing coverage claims for bodily injury, death, or property damage on the Project with broad form liability and property damage endorsement, written for combined single limits of liability of no less than $10,000,000 per occurrence, said amount to be adjusted from time to time with coverage deemed customary under like conditions. iii. Property Dama.qe Insurance. The City shall carry property damage insurance covering the Conference Center, including all improvements, including earthquake, flood, boiler, machinery insurance in an amount equal to at least one hundred percent (100%) of the replacement costs of the Conference Center. Such coverage shall contain coverage against loss or damage by perils no less broad than the current edition of the ISO Special Form, 1985 Edition. The City may request a waiver from the PFD if any of the components of coverage required under this subsection iii or subsection i above, based on (1) information from the City that the cost of such coverage is burdensome, (2) the risk to be insured against is not commensurate with the cost of coverage, and ($) the City has other financial resources to protect against that risk. B. Insurance Policies. The insurance policies required by this Agreement shall be issued by companies authorized to do business in the State, with Intedocal Agreement Regarding Funding, Development and Operation of the Bremerton Regional Conference Center Page 11 no less than an "A" rating as to general policy holders rating and no less than "FSC X" as to financial category in accordance with the latest edition of Best's Key Rating Guide, published by A.M. Best Company, Inc. The policies shall be issued as primary policies and shall carry an endorsement that the policy shall not be cancelled or substantially changed without at least 30 days written notice to the City and the PFD. The City shall make available to the PFD copies of all insurance policies, within 7 days of any request by the PFD. C. Adiustments. The types of policies, risks insured, coverage amounts, deductibles and endorsements may be adjusted from time to time as the City and the PFD may mutually determine and agree. D. Destruction. i. If either the Conference Center or Project is totally or partially destroyed at any time after the execution of this Agreement and the insurance proceeds (less any deductible) are sufficient to pay the cost or reconstruction or restoration, then the City shall reconstruct or repair the damage consistent with the terms and intent of this Agreement; provided that such reconstruction or restoration shall not affect the exclusion of the interest on the Bonds for federal income tax purposes. If the insurance proceeds (less any deductible) are insufficient to reconstruct or repair the Project or Conference Center, then the City may nonetheless elect to reconstruct or repair the Project or Conference Center or to terminate this Agreement; provided that any reconstruction or restoration shall not affect the exclusion of the interest on the Bonds for federal income tax purposes. ii. If the City is unable to reconstruct or restore the damage to the Conference Center, the County shall be entitled to a pro rata share of the insurance proceeds, based on the ratio of the amount of the proceeds of the Bonds received by the City divided by the total construction costs of the City in the Conference Center. The County shall use such insurance proceeds to pay or defease the Bonds and, if the Bonds are no longer outstanding, the County shall transfer the insurance proceeds to the PFD to finance other projects permitted by the Chapter. 16. No County or PFD Obliqation. Neither the PFD nor the County shall be responsible for any construction or operation funding shortfalls, or any other financial commitments or obligations beyond the specific commitments set forth in Section 8. Intedocal Agreement Regarding Funding, Development and Operation of the Bremerton Regional Conference Center Page 12 17. Indemnity and Hold Harmless. A. The City shall defend, indemnify and hold the County and the PFD, and their respective elected officials, officers, employees and agents, including its development coordinator (Indemnitees) harmless from all claims, regardless of the nature of the claim, arising directly or indirectly from the planning, permitting, construction and operation of the Conference Center, except for claims arising from the sole negligence of any Indemnitee. In the case of concurrent negligence of the City and an Indemnitee, each party shall hold the other party harmless from their proportionate share of the resulting damages. B. This indemnity and hold harmless obligation shall extend to all claims of whatsoever kind or nature. It shall include attorneys fees, expert witness fees, court costs, arbitration costs, administrative fines and penalties, and any other direct expense that are a direct consequence of a breach of any provision of this Agreement or any negligent act or failure to act. It shall include the duty to promptly accept tender of defense and provide defense to the Indemnitees. 18. Dispute Resolution. A. If a dispute arises between the parties with regards to the performance of any provision of this Agreement or the interpretation thereof, the parties agree to follow the procedure set forth in this Section 18. It is the goal of the parties to resolve their differences as early in this step process as possible. B. Step One - Informal Discussions. The Designated Representatives shall meet to see if the matter can be informally resolved. This may involve more than one meeting. C. Step Two - Written Notification and Resolution. If informal discussions are not successful then a written notice of dispute shall be mailed to the address for notices set forth in Section 19, as well as to the Designated Representative. The notice shall set forth the nature of the dispute and the desired outcome. A written response shall be provided within ten business days. The response shall provide the responding party's version of the dispute and a proposed resolution. The parties shall meet within ten business days after the response is received in order to see if the matter can be amicably resolved. If the matter is amicably resolved at this stage the affected parties shall sign a memorandum of understanding with regards thereto. D. Step Three - Mediation. If the parties are unable to resolve their Intedocal Agreement Regarding Funding, Development and Operation of the Bremerton Regional Conference Center Page 13 differences at Step Two, the parties will endeavor to settle the dispute by mediation under such mediation rules as shall be mutually agreeable to the parties. Such mediation will be non-binding but a condition precedent to having said dispute decided in court by a judge or jury. Mediation shall commence, unless otherwise agreed, within 30 days of a party's written request for mediation of a dispute. Any resolution at this stage shall be reduced to writing and, if it involves an interpretation of the Agreement, it shall be considered an addendum to this Agreement. E. Litigation. In the event any action is brought to enforce any of the provisions of this Agreement, the parties agree to be subject to exclusive in personam jurisdiction in the Kitsap County Superior Court for the State and agree that in any such action venue shall lie exclusively in Kitsap County, Washington. 19. Notices. All notices and other written communications required by this Agreement shall be in writing and, except as expressly provided elsewhere in this Agreement, shall be deemed to have been given at the time of delivery if personally delivered, or at the time of mailing if mailed by first class, postage pre-paid and addressed to the party at its a~ldress as stated below or at such address as any party may designate at any time in writing. To City: Mayor City of Bremerton 239 4th Street Bremerton, WA 98337 To PFD: Chair Kitsap Public Facilities District 1200 N.W. Fairgrounds Road Bremerton, WA 98311 To County: Director of Administrative Services Kitsap County 614 Division Street Port Orchard, WA 98366 20. Severability. It is the intent of the parties that if any provision of this Agreement or its application is held by a court of competent jurisdiction to be illegal, invalid or void, the validity of the remaining provisions of this Agreement or its application to other entities, or circumstances shall not be affected. The remaining provisions shall Interlocal Agreement Regarding Funding, Development and Operation of the Bremerton Regional Conference Center Page 14 continue in full force and effect. The rights and obligations of the parties shall be construed and enforced as if this Agreement did not contain the particular invalid provision. However, if the invalid provision or its application is found by a court of competent jurisdiction to be substantive and to render performance of the remaining provisions unworkable and non-feasible, and is found to seriously affect the consideration and/or is inseparably connected to the remainder of this Agreement, then the entire Agreement shall be null and void. 21. Modification. This Agreement represents the entire agreement between the parties. No change, termination or attempted waiver of any of the provisions of this Agreement shall be binding on any of the parties unless executed in writing by each of the parties. This Agreement shall not be modified, supplemented, or otherwise affected by the course of dealings between the parties. 22. Benefits. This Agreement is entered into for the benefit of the parties to this Agreement only and shall confer no benefits, direct or implied, on any third persons. 23. Assignment. The rights granted by this Agreement may not be assigned without the written consent of all the parties hereto. 24. Supplemental Documents. The parties agree to complete and timely execute all supplemental documents necessary or appropriate to fully implement the terms of this Agreement. 25. Duration of Aqreement. This Agreement shall continue in full force and effect until such time as the Bonds issued by the County for the construction of the Conference Center are fully paid and redeemed. The County will not extend the terms of the Bonds, or refund the Bonds or otherwise extend the term beyond the initial Bond term without the written consent of the City. The City shall own the Conference Center upon the termination of this Agreement. All rights to indemnification under Section 17 of this Agreement, all rights to future revenue sharing under Section 14.F. of this Agreement and the provisions of Section 14.G. of this Agreement shall survive the termination of this Agreement and remain in force until such fees and costs are paid and such indemnification provision satisfied. 26. Filing of Agreement with County Auditor. Within five days from the date of this Agreement, as set forth in Section 1, the original of the Agreement shall be filed by the City with the Kitsap County Auditor as required by the provisions of RCW 39.34.040. The City shall provide the PFD and the County with the Auditor's recording number. Interlocal Agreement Regarding Funding, Development and Operation of the Bremerton Regional Conference Center Page 15 27. Specific Performance. The parties acknowledge that any party may require specific performance of any of the terms and conditions of this Agreement, in addition to any other remedies that may be available as a matter of law. 28. Complete Agreement. This Agreement represents the entire agreement between the parties hereto concerning the subject matter hereof. This Agreement may not be amended except as provided herein. 29. Execution in Counterparts. This Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. CITY OF BREMERTON By: Cary Bozeman, Mayor Attest: Kathleen McCluskey, Clerk Approved as to form: Roger Lubovich, City Attorney Intedocal Agreement Regarding Funding, Development and Operation of the Bremerton Regional Conference Center Page 16 KITSAP PUBLIC FACILITIES DISTRICT Rick Smith, Chair Attest: Donna Gross, Treasurer Approved as to form: Blair B. Burroughs, Special Counsel Intedocal Agreement Regarding Funding, Development and Operation of the Bremerton Regional Conference Center Page 17 KITSAP COUNTY BOARD OF COMMISSIONERS Tim Botkin, Chair Jan Angel, Commissioner Chris Endresen, Commissioner Attest: Holly Anderson, Clerk of the Board Approved as to form: Nancy Neraas, Special Counsel Intedocal Agreement Regarding Funding, Development and Operation of the Bremerton Regional Conference Center Page 18 EXHIBIT A DESIGNATED REPRESENTATIVES The Mayor of the City: Cary Bozeman, Mayor City of Bremerton 239 Fourth St Bremerton, WA 98337 (360) 478-5266 (phone) (360) 478-5883 (fax) cbozemant'~,ci.bremerton .wa .us (e-mail) The Chair of the PFD: Rick Smith 2843 NW Kitsap Place PO Box 68 Silverdale, WA 98383 (360) 692-5566 (phone) (360) 692-1373 (fax) som@tscnet.com (e-mail) The County Director of Parks and Recreation: Cristofer Gears Director of Parks and Recreation 1200 NW Fairgrounds Road Bremerton, WA 98311 360-337-5361 (phone) 360-337-5385 (fax) cgears@co.kitsap.wa.us (e-mail) Interlocal Agreement Regarding Funding, Development and Operation of the Bremerton Regional Conference Center Page 19 AGENDA BILL BREMERTON CITY COUNCIL SUBJECT: ORIGINATING DEPT: Executive Professional Services Agreement ORIGINATOR: Mayor Bozeman Amendment - Gary H. Sexton DATE SUBMITTED: 3/15/02 2 . CLEAR3%NCES: 3 . EXHIBITS: Attorney Treasurer Fiscal & ~ Operationsi ENDORI APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: MAYOR ~QUNCIL PRESIDENT ~ 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The City entered into a Professional Services Agreement with Mr. Sexton in January 2002 to perform services related to the Hotel/Conference Center Project and other projects as directed by the mayor. It is requested that Section III Compensation be amended not to exceed Fifty Thousand Dollars. 8. RECOMMENDATION: 1. Motion to approve amendment to Section III Compensation, of the Professional Services Contract with Gary H. Sexton. 2. Motion to approve Budget Adjustment in the amount of $15,000 for those services not related to the hotel/conference center. 9. RESPONSIBLE OFFICIAL: Mayor ENFORCEMENT OFFICIAL: Mayor EXPIRATION DATE:N/A REVIEW DATE: N/A 10. NOTI CE OF ACTI ON PULLED TAB LED APPROVED D I S AP PROVED AMEN ~~ COUNCIL DIRECTIVE: Date: 11. AGENDA BILL NO: 2. CLEARANCE COMMENTS (cont.): 4. SUMMARY STATEMENT /cont.) : 5. IMPACT ON NON-PASSAGE: We would lose the focused management of the Hotel/Conference Center project that is crucial at this time. There are other economic development projects currently moving forward that require the same level of attention in order to assure success. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES The hotel/conference center project is funded from proceeds of the Public Faculties District Funding. Other projects not directly related to the conference center will be billed separately and are funded through the attached budget adjustment. 7. RESEARCH SOURCES: PROFESSIONAL SERVICES AGREEMENT Gary H. Sexton Project Development - Amendment This amendment to Professional Services Agreement is by and between the City of Bremerton (hereinafter "City") and Gary H. Sexton ("Contractor"); WITNESSETH: WHEREAS, the parties entered into a professional services agreement for project development services to be provided to the City by the Contractor from January 2, 2002 through June 30, 2002; and WHEREAS, the parties wish to amend the professional services agreement to increase the maximum compensation; NOW THEREFORE, in consideration of the mutual covenant hereinafter stated, the parties hereto agree as follows: Section III. Compensation is amended to read: In consideration of the services provided pursuant to this Agreement, the city shall pay Contractor an hourly amount of One Hundred Dollars ($100.00) not to exceed Fifty Thousand Dollars ($50,000.00). Contractor will provide an itemized bill monthly. All other terms and conditions of the parties January 2, 2002 Professional Services Agreement shall remain in full force and effect unless inconsistent with this agreement. Dated this day of ,2001. CITY OF BREMERTON GARY H. SEXTON Cary Bozeman, Mayor Gary H. Sexton Lubovich, City Received for Filing: City Clerk PROFESSIONAL SERVICES AGREEMENT Gary Sexton - Project Management Services Hotel/Conference Center Project The City of Bremerton ("City") and Gary H. Sexton, ("Contractor"), referred to collectively as the "Parties," enter into the following Agreement for professional services: I. Scope: The Contractor wilt negotiate and coordinate all agreements and activities necessary for the commencement of the Hotel/Conference Center Project. This will include issuance of an RFP for design and construction and the development of timelines for completion of the work contemplated under this contract. The contractor will work under the direction of the Mayor and provide such additional services as requested by the Mayor. II. Term: This Agreement commences on January 2, 2002 and terminates on June 30, 2002, unless another date is substituted pursuant to Sections VI.(D). or VIII. III. Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Contractor an hourly amount of One Hundred Dollars ($100.00), not to exceed Nineteen Thousand Five Hundred Dollars ($19,500.00). Contractor will provide an itemized bill monthly. IV. Relationship of Parties: Contractor is skilled in the matters addressed in the Scope of Work and is performing independent functions and responsibilities within its field of expertise. Contractor and its personnel are independent contractors and not employees of the City. Contractor and its personnel have no authority to bind the City or to control the City's employees and other contractors. As an independent contractor, Contractor is responsible for its own management. The City's administration and enforcement of this Agreement shall not be deemed an exercise of managerial control over Contractor or its personnel. As an independent contractor, Contractor is responsible for payment of all taxes and licensing fees necessary to perform its obligations under this Agreement. These taxes and fees include but are not limited to State industrial insurance, B&O, State professional licensing, and City business licensing. If any taxes or fees due the City have been declared delinquent, the City may withhold the delinquent amount, plus any additional charges arising from the delinquency, from any payments due Contractor. V. Insurance and Hold Harmless: Prior to the commencement date of this Agreement, Contractor shall provide Certificates of Insurance to the City's Risk Manager verifying the following coverage: 1) a professional liability policy ("E&O")providing coverage of Two Million Dollars ($2,000,000.00) for errors and omissions committed by Contractor while performing its obligations under this Agreement, and 2) a comprehensive general liability ("CGL") policy providing coverage of at least $500,000 per occurrence and including bodily injury and property damage. The CGL shall name the City as an additional insured. Both policies Gary H. Sexton Professional Services Agreement Page 1 of 3 ~ ] shall remain in full force and effect, and provide coverage for the full term of this Agreement. Insurer shall provide the Risk Manager with 30 days' written notice of any cancellation or change of coverage of either policy. Contractor shall be solely responsible for the acts and failures to act of its personnel, which arise in any way out of performance of this Agreement. Contractor agrees to defend, indemnify, and hold harmless the City and its officials and employees from and against all liability, loss, damages, and expenses, including costs and attorneys' fees, resulting from actions, claims, and lawsuits arising or alleged to have arisen, in whole or in part, out of or in consequence of the acts or failures to act of Contractor, its employees, its subcontractors, its agents, or it~ assigns in the performance of this Agreement. The City and Contractor have specifically negotiated Contractor's waiver of its immunity under Title 51 RCW, which is hereby waived for purposes of Contractor's indemnification and hold harmless of the City, including the duty to defend. This provision shall be inapplicable to the extent such action, claim, or lawsuit is judicially found to arise solely from the acts or failures to act of the City. VI. General Conditions: A. Reports and Information: When requested by the City, Contractor shall furnish periodic reports and documents on matters covered by this Agreement. The reports and documents shall be furnished in the time and form requested. Contractor shall maintain accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to substantiate all billed amounts. B. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. C. Severability: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. D. Modification: This Agreement may only be modified by written instrument signed by both Parties. E. Notices: Notices shall be in writing and delivered to the following addresses: City Address Contractor Address City of Bremerton Gary H. Sexton 239 Fourth Street 1126 Highland Avenue Bremerton, WA. 98337 Bremerton, WA 98337 F. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power. Gary H. Sexton Professional Services Agreement Page 2 of 3 G. Compliance with Laws: Contractor shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. H. Choice of Law and Venue: This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. I. Attorneys' Fees: The substantially prevailing Party in any litigation arising out of this Agreement shall be entitled to its reasonable attorneys' fees and court costs. VII. Nondiscrimination: Contractor shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status, or disability, except for employment actions based on bona fide occupational qualification. VIII. Termination: This Agreement may be terminated, at will, by the City upon 30 days' notice to the Contractor. The City may immediately terminate this Agreement for cause if the Contractor substantially fails to perform and does not commence correction of the failure of performance within five days of the City's sending notice to the Contractor. Upon termination the City will be entitled to reports showing the status and/or all work products, independent of their stage of completion or preparation format. Gary H. Sexton, Attorney At Law Gary H. Sexton Date CITY OF BREMERTON Cary Bozeman, Mayor Date Approved as to form: Loren, Combs, Contract Attorney Received for Filing: Kathleen McCluskey, City Clerk Gary H. Sexton Professional Services Agreement Page 3 of 3 CITY OF BREMERTON BUDGET ADJUSTMENT REQUEST Requesting Department: GENERAL FUND - GEN. MISC. Adjustment Number: 2002 #5 Approval Authority Required: [--~Treasurer r-]Mayor r- Fiscal & Budget r~council SOURCE OF FUNDS: USE OF FUNDS: Description Amount Description Amount Increase Beginning Cash 15,000 Increase Professional Services 15,000 Remaining unallocated beqinning cash = $215,000 NARRATIVE: This adjustment will provide for that portion Gary Sexton's contract which is not chargeable to the Conference Center project. Department Head Si~lnature Date Director Si~lnature Date Treasurer Comments: ~ Recommended [~ Not Recommended ~ ~ Treasurer's Signature ~ ~DDa~tt~e ~/~:) Mayor Comments: ~ Recommended [~ Not Recommended ~ ~ ~ Approved [~ Denied nature Date Fiscal & Budget Committee Comments: Approved ~ Denied Fiscal & Budget Committee Signature Date AGENDA BILL BREMERTON CITY COUNCIL 1. ~: ~_..d_ FOR AGENDA OF: March 20, 2002 Ordinance ~ Reading) hJo, 0C-7%~ ORIGINATING DEPT: Amending Chapter 2.06 of the BMC relating to ORIGINATOR: Cecil McConnell, Councilman the City Attorney DATE SUBMITTED: March 13, 2002 2. CLEARANCES: (Comment on back if necessary) 3. EXHIBITS: Council heard at Committee Meeting on 3/13/0~ - Ordinance No. ¢-7 /Ci~ Attome)7 APPROVED FOR SUBMITTAL BY ENDORSEMENT~--) ~N [--] COUNCIL PRESIDENT: MAYOR: ~ ~ 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The current provisions for the resignation of the City Attorney provide for confirmation of the resignation by a majority of the Council sitting as a whole, and further provides that a resignation shall be considered equivalent to a removal under Section 23 of the City Charter, for resolution solely, of any issues relating to the powers or authorities of the Mayor or the City Council arising from the resignation of the City Attorney. This proposed ordinance updates code provisions relating to the resignation of the City Attorney; and provides that the resignation of the City Attorney shall be effective upon the acceptance of said resignation by the Mayor. 5. RECOMMENDATION: i' rtl', ~ ,, 1 ,1 ..... [[llllflFI,,.~4'~1-- ' ,' · .~ ~ ,' III I~RC.,.It_~: Move to pass Ordinance No./~")~3 on second reading. 6. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 7. NOTICE OF ACTION: PULLED ['~ TABLED [-~ APPROVED [~ DISAPPROVED [~ AMENDED ['~ DATE: COUNCIL DIRECTIVE: 9 A "'- 8. AGENDA BILL NO.: 0 2 "- 0 ~ o~ 9. IMPACT OF NON-PASSAGE: 10. IMPACT ON STAFFING. BUDGETS. FACILITIES. EQUIPMENT OR OTHER RESOURCES: 11. RESEARCH SOURCES: ORDINANCE NO. 4~q~ AN ORDINANCE of the City Conncil of the City of Bremerton, Washington, amending Chapter 2.06 of the Bremerton Municipal Code relating to the resignation of City Attorney and the acceptance of the resignation by the Mayor. WHEREAS, the current provisions for the resignation of the City Attorney provide for confirmation of the resignation by a majority of the Council sitting as a whole and further provides that a resignation shall be considered equivalent to a removal under Section 23 of the City Charter, for resolution solely, of any issues relating to the powers or authorities of the Mayor or the City Council arising from the resignation of the City Attorney; and WHEREAS, The City Council desires to update it's code provisions relating to the resignation of the City Attorney in order to provide for acceptance of the City Attorney's 'resignation; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN' AS FOLLOWS: SECTION i. Section 2.06.010 of the Bremerton Municipal Code entitled "Office Created" is hereby amended to read as follows. See. 2.06.010. OFFICE CREATED. Tht4ere is hereby created the Office of the City Attorney which shall serve as the legal department for the city pursuant to the laws of the State of Washington and the Charter of the City of Bremerton for the purpose of representing the city in all legal matters involving the city,--whi~'~fi~% The office shall be managed by the City Attorney who shall serve as its director, and who shall be responsible for hiring and supervising employees of the office. The City Attorney shall be ~appointedmem of- .h.Y the Mayor subject to confirmation by the City Council. The resignation of the City Attorney shall be effective upon the acceptance of resignation by the Mayor. 97 SECTION 2. Section 2.06.050 of the Bremerton Municipal Code entitled ' "Resignation of City Attorney" is hereby deleted in its entirety as follows: ~PROVED by the City Council the ~ day of ~ ~r~ ,2002 PASSED by the City Council the day of ,2002 CAROL ARENDS, Council President Approved this day of ., 2002 CARY BOZEMAN, Mayor ATTEST: APPROVED AS TO FORM: KATHLEEN MCCLUSKEY, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the day of ., 2002 EFFECTIVE the day of ,2002 ORDINANCE NO. RSLEGAL\Ordinances\City Attorney Ordinance.doc