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Home My WebLink About07/10/02 AGENDA CITY COUNCIL MEETING AGENDA JULY 10, 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 - June 26, 2002 (#AB02-130) ! B. 2002 Bulletproof Vest Partnership Grant (#AB02-131) / C. Purchase of 80 Personal Computers from IBM Corporation (#AB02-132) / ~' 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 Maurice Correia to the Civil Service Commission (#AB02-133) ~ B. Appointment of Ron Smith to the Block Grant Advisory Committee (#AB02-134) C. Bid Award for Timber Sale 02-1 (#AB02-135) ,,~"~ D.Reciprocal Maintenance Agreement between City of Bremerton and Washington State Department of Transportation (#AB02-136) 9. PUBLIC HEARINGS - RESOLUTIONS & ORDINANCES A. Ordinance No. 4808 (Second Reading) amending Title 2 of the Bremerton Municipal Code relating to Departments and Divisions of the City Government; and confirming Rich Hanna as Finance Director (#AB02-128) B. Ordinance No. 4809 (Second Reading) amending Title 2 of the Bremerton Municipal ~' Code by adding a new Chapter 2.07 creating the Economic Development Department; and confirming the Appointment of Gary Sexton as the Economic Development Director (#AB02-129) C. Resolution No. 2863, authorizing Bid Award to Purchase Wirtgren Asphalt Grinder; 70 and related Budget Adjustment No. 02-15, (#AB02-137) D. Resolution No. 2864, authorizing the City of Bremerton to receive State Revolving 0 Fund Loan for Anderson Cove (#AB02-138) E. Resolution No. 2865, authorizing the City of Bremerton to receive State Revolving Fund Loans for Cherry/Trenton CSO Reduction; Trenton Avenue Pump Station ~ 0 Improvements; Tracyton Beach CSO Reduction; and Anderson Cove Basin 12 (#AB02-139) 10. ADJOURNMENT OF MEETING CITY COUNCIL MEETING July 10, 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 ADDRESS/TELEPHONE TOPIC e 0 Reminder: The next Council Meeting will be on Wednesday,' luly 17m AGENDA BILL BREMERTON ........... 1. SUBJECT: FOR AGENDA OF: dULY 10, 2002 ORIGINATING DEPT: CITY COUNCIL MINUTES OF MEETING- dUNE 28, 2OO2 ORIGINATOR: CAROL ARENDS, PRESIDENT DATE SUBMITTED: dUl~E 28, 2002 2. CLEARANCES: (Comment on back i£necessary) 3. EXHIBITS: ENDORSEMENT ~-] INFORMATION [] APPROVED FOR SUBMITTAL BY C OU~CIL PRESIDENT: MAYOR: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: 5. RECOMMENDATION: 6. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 7. NOTICE OF ACTION: PULLED ~-~ TABLED ~ APPROVED [-] DISAPPROVED [--] AMENDED [~ DATE: COUNCIL DIRECTIVE: 3A 8..kGENDA BILL NO.: 9. IMPACT OF NON-PASSAGE: 10. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: 11. RESEARCH SOURCES: TAPES #1840 & #1841 UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES June 26, 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, June 26, 2002, at 5:30 P.M., with Council President Carol Arends presiding. Council members present were Mike Short, Will Maupin, Eric Younger, Mike Shepherd, Ed Rollman, Daren Nygren, Cecil McConnell, and Wayne Olsen. Also present were City Attorney Roger Lubovich; Deputy City Clerk Paula Johnston; and Council Liaison Lori Smith. The meeting opened with the Pledge of Allegiance led by Council Member Cecil McConnell, followed by the invocation provided by Council Member Daren Ny.qren. Council President Arends made the following announcements: (1) The regular Pre-Council Session, which was open to the public, was held in the Council Conference Room to discuss general Council business from 5:00-5:30 P.M. CONSENT AGENDA A. Minutes of Meeting -June 12, 2002 (#AB02-120) B. Minutes of Meeting- June 19, 2002 (#AB02-121) C. Pre-Purchase of a 400kW Generator for Pump Station WB-3 off of the Washington State Bid List (#AB02-122) #0030 M/S/C/U (McConnell/Olsen) Move to approve Consent Agenda as presented. CLAIMS/CHECK REGISTERS Vouchers audited and certified by the auditing officer as required by RCW 42.24.080, and those expense reimbursement claims certified as required by RCW 42.24.090 have been recorded on a listing that had been made available to the Council. #0055 M/S/C/U (Younger/McConnell) On June 26, 2002 the Council approved payment for those vouchers included and further described as follows: Check numbers 272206 through 272365 in the amount of $1,724,381.95; and Regular Payroll in the amount of $867,752.06 for the pay period ending June 15, 2002. COUNCIL MEMBER REPORTS Mike Short reported on his attendance at the Association of Washington Cities' Annual Conference in Yakima; and also attended the dedication of the "Bud" Hawk Congressional Medal of Honor Pavilion at Lent Landing Park. Will Maupin also reported on his attendance at the AWC Annual Conference. Mike Shepherd attended the AWC Annual Conference, where he participated in workshops regarding "Annexation" and the AWC Board meeting. He also reminded citizens that it is illegal to set off fireworks on any day other than July 4 until 11:00 P.M. Ed Rollman commented on several citizen concerns he has been working to resolve this week. TAPES #1840 & #1841 ,-.,,y ,.,~,,~,,,.,, Reg. Mtg. N,,, ,u~eo June 26, 2002 Page 2 of 7 Daren N¥.qren thanked everyone who attended the District 3 neighborhood meeting on Saturday, June 22 to discuss an "Update on the City" and the proposed "Ice Arena". He also reported on a PR(DA meeting he recently attended where they discussed a new program to plant more trees in Bremerton. Lastly, he announced a series of brown bag "Peanut Butter & Jam Sessions" during the lunch hour at the gazebo near City Hall. The concerts will be held on July 10% August 14% and September 18th from 12:00 to 1:00 P.M. Carol Arends provided a report on her attendance at the AWC Annual Conference, and was pleased with the presentation provided by Governor Locke on transportation and passenger ferries. MAYOR'S REPORT Mayor Bozeman reported that an event is currently being planned to mark September 11; a meeting with Seattle Mayor Nickels on Friday; Public Safety Bond Issue on the September ballot; a meeting with July 1 with Congressman Dicks to discuss Maritime Park; Seattle Daily Journal of Commerce will tour the City on July 23; reminder of the joint meeting with the Bremerton School District Board of Directors; the name change from "Silverdale Ice Arena" to the new "Bremerton Ice Arena"; a truck carrying a tank from Bangor used for a nuclear waste program was involved in an accident, but there was no threat of any danger. PUBLIC RECOGNITION - There were no questions or comments this evening. 8A- PRELIMINARY PLAT PL01-0056 "CROWN HILL PARK"; APPLICANT: DALE OIEN, (#AB02- 123): Laura Freed, Planner with the Community Development Department, established that the Hearing Examiner has recommended conditional approval of a seven-lot preliminary plat that was submitted by Dale Oien on April 26, 2002. The site is located on the east side of Rocky Point Road where it intersects with Marine Drive. The Hearing Examiner has recommended approval, subject to ten (10) conditions. The City procedural ordinance indicates that the Hearing Examiner decision constitutes a recommendation to the City Council, and that approval must be considered at a closed record decision hearing. President Arends stated that all Council members should now give consideration as to whether they have 1) a demonstrated bias for or against any party to the proceedings; 2) a direct or indirect monetary interest in the outcome of the proceedings; 3) a pre-judgment of the issue prior to hearing the facts on the record; or 4) ex padre contact with any individual, excluding administrative staff, with regard to an issue prior to the hearing. All Council members remained seated. President Arends then inquired ff any member of the pub#c believes any Council member should excuse themselves due to a conflict with the Appearance of Fairness doctrine, or for another concerns. With no comments from the public, the hearing proceeded with all Council members seated. City Attorney Roger Lubo¥ich, clarified the parameters by indicating the options available to the Council. There were no comments from the public. #0762 M/S/C/U (Maupin/Younger) Move to approve and adopt the hearing examiner's findings and recommendation. TAPES #1840 & #1841 "";*",-,,L7 '"--,,-,u, .... ,,.,,,""l Reg. ,vh~. ,v,,, June 26, 2002 Page 3 of 7 8B - REZONE & PRELIMINARY PLAT PL01-0057 "GARLAND PLACE"; APPLICANT: ERIC HOLM (#AB02-124): Laura Freed, Planner with the Community Development Department, established that the Hearing Examiner has recommended conditional approval of a rezone from SF-2 to SF-3 and a twelve- lot preliminary plat that were submitted by Eric Holm on December 7, 2001. The site is located on the south side of Sylvan Way approximately 300 feet west of Rickey Road. The Hearing Examiner has recommended approval, subject to twenty (20) conditions. The City procedural ordinance indicates that the Hearing Examiner decision constitutes a recommendation to the City Council, and that approval must be considered at a closed record decision hearing. President Arends reiterated that all Council members should now give consideration as to whether they have l) a demonstrated bias for or against any party to the proceedings; 2) a direct or indirect monetary interest in the outcome of the proceedings; 3) a pre-judgment of the issue prior to hearing the facts on the record; or 4) ex parte contact with any individual, excluding administrative staff, with regard to an issue prior to the hearing. Wayne O/sen excused himself to avoid a conflict with the "Appearance of Fairness Doctrine'; All other Council members remained seated. President Arends then inquired if any member of the public believes any other Council member should excuse themselves due to a conflict with the Appearance of Fairness doctrine, or for another concerns. With no comments from the public, the hearing proceeded with the remaining Council members seated. There were no comments from the public. Mike Shepherd referred to the "split rail fence" described in Item No. 4 of the FINDINGS OF FACT- CONCLUSIONS OF LAW-RECOMMENDATION document, and requested that the motion be amended to propose a change of style of the fence to a "security fence". Alan Todd, representing the applicant Eric Holm, mentioned possibilities of including signage and adding additional railing on the fence for security purposes without taking away from the rural element in the area. Eric Younqer asked staff to elaborate on the proposed zoning change. Laura Freed summarized that a change in zoning would increase density in the area and pointed out that each lot is about 5,000 square feet. Alan Todd added that the lots range from 5,000 to 9,000 square feet but easements are included on the back of the larger lots. Cecil McConnell asked for more details on the split rail fence. Alan Todd responded that the actual design of the fence has not been done, but there is speculation on having a two or three horizontal split rail fence and approximately four feet high. Daren Ny.qren emphasized that in the FINDINGS OF FACT-CONCLUSIONS OF LAW-RECOMMENDATION document, Item No. 2 lists this zoning change as a correction. Will Maupin proposed a friendly amendment to add the words "or other type of fencing design that adequately protects wetlands" after the description of the fence. Mike Shepherd requested that staff follow-up on this recommendation in 6-months to one-year. Roger Lubovich asked if the applicant had any objections to the amendment. Alan Todd accepted the proposed amendment. TAPES #1840 & #1841 Cib! Council Reg. Mtg. Minutes June 26, 2002 Page 4 of 7 #1265 M/S/C/U (Shepherd/Nygren) Move to approve and adopt the hearing examiner's findings and recommendation as amended to add the words "or other type of fencing design that adequately protects wetlands" after the description of the fence. 8C - PRELIMINARY PLAT PL01-0037 "TRICOM"; APPLICANT: LOUIS MENTOR (#AB02-125): Jim Svensson, Planner with the Community Development Department, established that the Hearing Examiner has recommended conditional approval of an eight-lot preliminary plat that was submitted by Louis Mentor on June 12, 2001. The site is located on the east side of Pine Road immediately south of the Tik Village Condominiums. The Hearing Examiner has recommended approval, subject to fourteen (14) conditions. The City procedural ordinance indicates that the Hearing Examiner decision constitutes a recommendation to the City Council, and that approval must be considered at a closed record decision hearing. Please note that the applicant believes that conditions #7 and #8 as stated in the Hearing Examiner recommendation are inappropriate and should be modified. Staff concurs with the applicant and a copy of the memorandum from Scott Rappleye from the Fire Department is attached that addresses Condition #7. Staff and the applicant will provide additional input regarding modification of these conditions at the City Council Meeting. President Arends reiterated that all Council members should now give consideration as to whether they have 1) a demonstrated bias for or against any party to the proceedings; 2) a direct or indirect monetary interest in the outcome of the proceedings; 3) a pre-judgment of the issue prior to hearing the facts on the record; or 4) ex parte contact with any individual, excluding administrative staff, with regard to an issue prior to the hearing. Wayne Olsen again excused himself to avoid a conflict with the "Appearance of Fairness Doctrine". Ail other Council members remained seated. President Arends then inquired if any member of the public believes any other Council member should excuse themselves due to a conflict with the Appearance of Fairness doctrine, or for another concerns. With no comments from the public, the hearing proceeded with the remaining Council members seated. Louis Mentor, applicant for this project, summarized the concerns he had with the Findings & Recom- mendation'' of the Hearings Examiner, and the reasons why he believed the conditions to be "unreasonable". There were no comments from the public. Cecil McConnell had a few questions regarding the distance for the fire hydrant and the sidewalk. Ed Rollman referred to the letter from Scott Rappleye, City of Bremerton Fire Marshall, and questioned if the requirement can be deleted. Roger Lubovich answered that condition 7 should not be repealed entirely due to the inclusion of requirements. Jim Svensson discussed the issue of standards for City sidewalks at the request of Eric Younger, and established that there are no City standards for sidewalks, and further established that there are no sidewalks in any other subdivisions off of Pine Road. Will Maupin agreed with the comments of the Fire Marshall, indicating that a fire hydrant and turn- around were not required, however, he did agree with the Hearing Examiner's recommendation for sidewalks because he believed they were in agreement with the long-term goals for the City's Comprehensive Plan. Daren NYgren asked whether or not the City has standards for sidewalks. Jim Svensson clarified that there are indeed standards for sidewalks, but not standards for sidewalks in this particular type of project. Roger Lubovich read from the Findings of Fact to offer further clarification to the issue for standards of sidewalks. Louis Mentor indicated that he would be willing to provide sidewalks if he was TAPES #1840 & #1841 r-~,, ¢, ..... ;~ Mtg ~A~,,, '-',,z ........ Reg ............ June 26, 2002 Page 5 of 7 allowed to use asphalt, and if he could put sidewalks in the 20-foot right-of-way. Mike Shepherd asked how wide is the road. Jim Svensson clarified that the road was 18-feet wide. #3425 M/S/C/U (Shepherd/Nygren) Move to adopt the Hearing Examiner's Findings of Conclusion and Recommendation, with the following modifications: 1) Strike Item No. 3; 2) Amend Item No. 4; 3) Delete Item No. 7; 4) Install a fire hydrant at the Fire Department's direction; and 5) Amend Item No. 8 to read "Property owner has agreed to construct a 3-foot sidewalk made of asphalt before final approval". #347'0 M/S/C/U (Shepherd/Nygren) Move to accept into the record, the memo from Paul Wandling of Engineering to Jim Swenson of the Community Development Department regarding sidewalks. Council member Wayne Olsen returned to the meeting at approximately 7:05 P.M. TAPE #1841 9A - SECOND OF TVVO PUBLIC HEARINGS ON THE CONCESSION AGREEMENT BETWEEN THF CITY OF BREMERTON AND .S~--VEi;~3AL-E- [BREMERTON] ICE ARENA, INC. (#AB02-118): The first Public Hearing was held on June 19, 2002. Jim Spencer, Director of the Parks & Recreation Department, provided an update. Larry Dickerson was concerned that the City was subsidizing this facility, which would only benefit those aspiring Olympians. Mayor Bozeman disagreed, and pointed out that the investor is providing $4 million dollars to bring this facility to the City, and emphasized that the ice arena was not going to be a "private club", but rather a facility that would be open to the public. Denise Moreno, Comptroller for the Bremerton Ice Arena, read from a statement to emphasize the scope of comments in support that have been received from all over the world for this project. Michael Gould read from a statement to demonstrate that Mr. & Mrs. Haselwood not only supported this project, but also financially supported this project because they "believe in Bremerton". Gary Chre¥, attorney for Chuck & Joanne Haselwood, conveyed the enthusiastic support from the Haselwood's. All Council members voiced their support for this project. Daren N¥.qren asked for reassurance that ice time for the public would be available; and asked for concerns regarding "competition" from other local sport facilities to be addressed. Gre.q Meakin stated that ice time for the general public was actually the part of this project that he is "most excited" about, and also stated that prior conversations with Glen Godfrey of the YMCA made clear that there would be no competition with respect to the facilities. Cecil McConnell asked if the $175,000 provided by the City could be construed as "gifting". Ro.qer Lubovich established there were no concerns with "gifting" with the way the contract was written. #0665 M/S/C/U (Nygren/McConnell) Move to approve and authorize the Mayor to finalize and execute the concession agreement between the City of Bremerton and Silverdale Ice Arena, Inc. with substantially the same terms and conditions as contained in the proposed agreement, subject to final approval of the contract language by the City Attorney, and further subject to the final approval of the agreement by the US Secretary of the Interior through the National Park Service. 7 TAPES #1840 & #1841 ¢'"if~/ l'"'~t,~,il R~g I~/H-~ ~Ai~, ,~ June 26, 2002 Page 6 of 7 9B - RESOLUTION NO. 2861, REGARDING RECOVERY OF FEES FOR THE ABATEMENT OF GARBAGE AND DEBRIS ON THE PROPERTY LOCATED AT 636 PLEASANT AVENUE (#AB02- 126): Janet Lunceford, Building Inspector, stated that on May 7, 2002, Public Works removed garbage and debris on the property located at 636 Pleasant Avenue after the owners of record, Brooks & Kathleen Coldwell and Washington Mutual, failed to do so as ordered. The legal requirements for notice were met. The cost of the abatement including administrative fees, totaled $1,456.56. Council must now decide if the fees are just and reasonable, and how those fees should be collected. There were no comments from the public. Ed Rollman asked who would reimburse the City for the abatement costs. Janet Lunceford responded there will be a lien on the property and when the bank forecloses on the home, the City will be reimbursed at that time. Cecil IVIcConnell asked if this is the first time action has been taken on this property. Janet Lunceford answered yes. #0780 M/S/C/U (McConnell/Rollman) Move that Council pass Resolution No. 2861, ordering that the fees in the amount of $1,456.56 incurred for the abatement of garbage and debris located at 636 Pleasant Avenue be collected as reasonable abatement costs and become a lien against the property. 9C - RESOLUTION NO. 2862, APPROVING MERGER BETWEEN AT&T BROADBAND CORPORATION AND COMCAST CORPORATION (#AB02-127): Kathleen McCluske¥, Administrative Services Director, stated that AT&T Corporation, the parent corporation of our franchises, and Comcast Corporation have announced there intention to combine their cable systems into a new public company, AT&T Comcast Corporation. Pursuant to Section 2 of the franchise, city approval is required for any transfer of ownership or change in control. Staff has reviewed information provided by the franchisee which pertains to legal, financial, and technical qualifications of Comcast to perform the obligations of the franchise. The City has also waited for more detailed reviews to be performed by larger cities affected by the transfer. The current franchisee is not in violation of any franchise requirements and Comcast qualifies for approval under the terms of our franchise. It was also noted that there will no change in local management of the cable company. There were no comments from the public. #0885 M/S/C/U (Younger/Maupin) Move to approve Resolution No. 2862, approving the merger between AT&T Broadband Corporation and Comcast Corporation. 9D - PUBLIC HEARING AND ORDINANCE (FIRST READING) AMENDING TITLE 2 OF THE BREMERTON MUNICIPAL CODE RELATING TO DEPARTMENTS AND DIVISIONS OF THE CITY GOVERNMENT (#AB02-128): Mayor Bozeman summarized that this proposed ordinance would establish a new Finance Department; and provide that the Risk Management & Safety Office would now report to the Office of the City Attorney. There were no comments from the public. Will Maupin provided additional comments in support of this change; and Mike Shepherd urged the Mayor and the Administration to consider separating the Safety Officer from Risk Management and having the Safety Officer report directly to the Mayor in order to make the process less cumbersome. TAPES #1840 & #1841 ¢'"~;,I-, , ~ , ,~ "1 IVIII lut~ ,-,.,y ,.,Ou,,Ch Reg..Mtg. ~A; ..... June 26, 2002 Page 7 of 7 #1075 M/S/C/U (Rollman/McConnell) Move to approve the attached ordinance on first reading. 9E - PUBLIC HEARING AND ORDINANCE (FIRST READING) AMENDING TITLE 2 OF THF BREMERTON MUNICIPAL CODE ADDING A NEW CHAPTER 2.07 CREATING THE ECONOMIC DEVELOPMENT DEPARTMENT (#AB02-129): Mayor Bozeman announced that the new Chapter would serve the purpose of facilitating economic, community development, and revitalization projects within the City of Bremerton. Roger Lubovich added that if this item is approved, Council will be asked to confirm Gary Sexton at the next regular business meeting. Cecil McConnell asked if any other positions are being considered for the Mayor's office. Mayor Bozeman stated not at this time, A letter of support from Linda Niebanck, Chair of the Kitsap Regional Economic Development Council, was read into the record. There were no other comments from the public. #1195 M/S/C/U (Short/Maupin) Move to approve the attached ordinance on first reading. With no further business, the Council meeting was adjourned at 8:00 P.M. Prepared and Submitted by: LORI 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: 2002 Bulletproof Vest Partnership FOR AGENDA: 07-10-02 Grant ORIGINATING DEPT: Police ORIGINATOR: Tim Sholtis DATE SUBMITTED: 06-17-02 2. CLEARANCES~ent on back ifn~cessary) 3. EXHIBITS: Treasurer~'~-"~'----~~.; ,,../~,__~.,,~/f'/ Operations Committee Chair~~f-/~ Electronic Announcement Message Budget and Fisg,~l Committee. Cha-'n4/J~,~v//~'~ PoliceChief_~'~,~,~ '~ / ' .~,~5.~'~ ~g ~.r't ENDORSEMENT X INFORMATION [--] MAYOR: ~ APPROVED FOR SUBMITTAL BY COUp., CIL PRESIDENT: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The Federal Government will pay 50 percent of the costs when the Police Department purchases ballistic vests through September 30, 2006. The City received federal funds in the amount of $27,104.54. Current costs for the vest are $795.00. Shipping is $31.00 and taxes $69.00. Police on duty are afforded ample protection through the use of safety and body armor. 5. RECOMMENDATION: Approval action and accept the Vest Partnership Grant funding. 6. RESPONSIBLE OFFICIAL: Chief Forbes ENFORCEMENT OFFICIAL: EXPIRATION DATE: 09-30-06 REVIEW DATE: 7. NOTICE OF ACTION: PULLED [] TABLED ~] APPROVED [-] DISAPPROVED [] AMENDED ~-q DATE: COUNCIL DIRECTIVE: 8. AGENDA BILL NO.: 9. IMPACT OF NON-PASSAGE: The grant funds will not be used and lost to the City of Bremerton. 10. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: The impact on the budget will reduce expenditures on vests $27,000 dollars over the next four years. 11. RESEARCH SOURCES: Safariland Ltd., Inc. of Ontario, Califomia manufacturing specifications for ZERO-G ARMORWEAR model G-II-1.4. The Police Chief, May 2000 issue and Survivors' Club Update article. /I Rob Forbes - FY2002 BULLETPROOF VEST PARTNERSHIP GRANT PROGRAf4 FUNDING ANNOUNCEMENT From: <vests@ojp.gov> To: <TSHOLTZS@C3.BREMERTON.WA.US > Date: 5/29/2002 12:31 PM Subject: FY2002 BULLETPROOF VEST PARTNERSHIP GRANT PROGRAM FUNDING ANNOUNCEMENT Congratulations On behalf of Assistant Attorney General Deborah Daniels and ~he Bureau of 3usfice Assistance (B3A), it is my pleasure to officially announce that BREHEETON CTI-Y's application for the 2002 Bulletproof Vest Partnership Grant Program has been approved in the amount of $ 27104.54. This amount represents the maximum federal funds available. These funds may be used to pay up to 50% of the cost of approved vest purchases. B3A has strived to be a responsive partner with state and local law enforcement in providing resources ~o departments for the purchase of protective body armor. The threats you and your fellow officers face each day requires our unyielding diligence to ensure this program and others like it continue b3 meet your needs. Since the BVP program began in 1999, EDA has provided over $94 million to support the purchase of several hundred thousand vests nationwide. In the very near future, you will be notified when this year's funding is available for direct, online payment requests. Additional information about program requirements will also be forthcoming. If you need any immediate assistance, please call our toll-free technical support team at 1-877-758-3787. Thank you. Sincerely, Richard R. Nedelkoff Director, B3A file://C 5Documents%20and%20SettingsXFORBES\Local%20Settings\Temp\GW} 00003.H... 5/30/2002 Page 1 of 2 Tim Sholtis - 2002 Bulletproof Vest Program now accepting electronic payment request~ From: <vests@ojp.gov> To: <TSH OLTIS@CI. BREM ERTON .WA. US> Date: 6/4/2002 3:11 PM Subject: 2002 Bulletproof Vest Program now accepting electronic payment requests Last week, you were noUfied about the level of funding available for the FY2002 Bulletproof Vest Grant Partnership Program. We have prepared the necessary financial records to reflect your jurisdiction's approved funding level. The following explains the process of providing online receiving reports and requests for payment. As v~ests are delivered to your jurisdiction and/or its participating law enforcement agencies, online receiving reports must be completed, followed by the judsdiction's online payment request (section 3.3 in the jurisdiction electronic handbook). Jurisdictions are responsible for ensuring that purchased vests are in compliance with applicable program standards, that the invoiced prices do not include unrelated law enforcement equipment, and that program payments do not exceed 50% of the total costs. When the Bureau of Justice Assistance (B.]A) receives the judsdiction's request for payment, funds are electronically transferred from the U.S. Treasury to the jurisdiction's bank account, as specified during the online registraUon process. The payment process automatically calculates and transfers half of the total amount in each request for payment, until the judsdiction's available funds are depleted. Please allow up to twenty-five business days after each request for the electronic transfer to be completed. Jurisdictions are responsible for facilitating prompt payment to vest vendors. We recognize that jurisdiction and law enforcement agency operational and equipment needs are subject to change. Consequently, participaUng agendes are not required to purchase the exact number, type or model of vests contained in the approved application. Vests may be purchased at any threat level, make or model, from any distributor or manufacturer, as long as the vests have been tested and found to comply with applicable NaUonal Institute of Justice ballistic or stab standards. The original application cannot be changed; any changes in actual purchases will be reflected in the online Receipt of Vest portion in each participant's electronic handbook. Only law enforcement officers may receive vests through this program. According to the Act, "law enforcement officer" means any officer, agent, or employee of a State, unit of local government, or an Indian tribe authorized by law or by a govemment agency to engage in or supervise the prevention, deteOJon, or investigation of any violation of criminal law, or authorized by law to supervise sentenced criminal offenders. Eligible officers may be full-time, part-time, paid or volunteer. Jurisdictions may request payments from this yea~s applicaUon through September 30, 2006. Payments of federal funds can be requested whenever vests are received. Jurisdictions are not permitted to purchase vests through this program if they also use money from Local Law Enforcement Block Grant Program to purchase vests dunng the same fiscal year. Procurement transactions and payments may be subject to audits by the U.S. General Accounting Office, U.S. Department of Justice's Office of the Inspector General, state or local government auditors, and auditors from independent public accounting firms. Jurisdictions file://C:\WINNT\Temp\GW} 00001 .HTM /~-~ 6/4/2002 Page 2 of 2 must follow their local procurement policies and procedures, including maintenance of reliable and accurate accounting systems, record keeping, and systems of internal control. Redpients of federal funds are expected to retain documentation supporting all program transactions for at least three years after the closure of audit reports related to such findings. If any litigation, claim, negotiation, audit, or other action involving records has been started before the expiration of the three-year pedod, the records must be retained until completion of the action and resolution of all related issues, or until the end of the regular three year pedod, whichever is later. The pdor electronic message, sent on behalf of PJchard R. Nedelkoff, Director, BJA, served as primary funding notification. No award or grant documents will be forthcoming and this program does not have a genedc grant or award number. The Catalog of Federal Domesidc Assistance (CFDA) number for this program is #16-607, the full text of which can be found under Program Resources at the program's main web site httD://vests.ojp.gov. If you require additional information, please address your questions to the attention of the Bulletproof Vest Program Manager, Bureau of Justice Assistance, 4th floor, 810 7th Street, N.W., Washington, D.C., 2053:L If you need help with the electronic handbooks or other technical, Intemet issues,, please call the BVP technical support staff at toll-free 1-877-75VESTS (1-877-758-3787) or at the toll number 30:[-595-4595. Thank you. Again, congratulations and thank you for partidpating in this important program. Sincerely, The Bulletproof Vest Program, BJA file ://C :\WINNT\Temp\GW} 0000 [ .HTM /// 6/4/2002 AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: PC Acquisition FOR AGENDA OF: July 10, 2002 ORIGINATING DEPT: Admin Services ORIGINATOR: Bill Eley DATE SUBMITTED: June 20, 2002 2. CLEARANCES: (comment on back 3. EXHIBITS: zO if necessary) , .~~IS Manager Spreadsheet Quotation ~ "4~ 'City Treasurer ~ ~~~/~f,~, ' ~L~-~'~2dmin Services Director c'~/~-~'~z Budget ~_.~ Operations //~ ENDOR~ME~T INFORMATION APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: MAY~=_~~_,/~w_~_~W~~ COUNCIL PRESIDENT ~_~/Z~_~ ~<~~_Y 4. SUM~iARY'~TATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The City is in the process of upgrading its PCs over a 3-year timeframe. This acquisition of 80 PCs is part of that upgrade and was previously approved by City Council and budgeted for 2002. To that end we solicited quotations from all PC manufacturers included in the State's master PC contract. IBM were clearly the lowest cost and many of their components are of a higher performance than those specified. City Council should approve the purchase of 80 PCs from IBM as per their quotation for the sum of $68,138.00. 8. RECOMMENDATION: The City Council approve the purchase of 80 PCs from IBM Corporation as defined in their quotation for the sum of $68,138.00 including tax. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED TABLED APPROVED DISAPPROVED '%~E~DED COUNCIL DIRECTIVE: DATE: 11. AGENDA BILL NO: '- ~. ~ ~ _.~.. 2. CLEARANCE COMMENTS (cont.) : 4. SUMMARY STATEMENT (cont.): 5. IMPACT ON NON-PASSAGE: Staff who would have received the new PCs will not benefit from their increased performance. Failure to implement new hardware will affect software upgrading into the future (some of the newer software requires newer hardware to operate). The incidence of repair will increase as the old equipment gets older, leading to increased workloads and response time on the part of the technicians. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES This acquisition is budgeted for 2002. 7. RESEARCH SOURCES Washington State DIS Compaq Computer, Dell Computer, Gateway Computer, IBM Corporation. 2002 PC Acquisition Funds were appropriated in the 2002 budget for the purchase of approximately 80 PCs as part of the 3-year PC replacement plan previously approved by City Council. As in previous acquisitions we decided to select PCs either from the State Contract or directly from the manufacturers if we could negotiate a price better than that quoted in the State Contract. We requested quotations from the four manufacturers listed on the State Contract and their quotations are detailed below. In every case we were able to significantly beat the published State Contract prices. The requested configuration contained the following basic features: Pentium 4, 1.7 GHz Processor or better 256 MB PC133 memory or better 20 GB 7200 ATA100 Hard Disk 32MB Video Graphics Capability Windows 2000 Professional OS The quotes received were as follows: * Gateway PC was configured with 40GB Hard Disk and 1.8 GHz Processor ** IBM PC was configured with 40GB Hard Disk, 1.8GHz Processor and PC266 (DDR) Memory. Video configurable to 64MB. Note: The IBM PC is a brand new model and does not appear on the State Contract yet. The WS Price quoted was given by IBM and represents what will appear on the WS Contract. Clearly, on price alone, buying IBM PCs would benefit the City. IBM are noted for their service. We have had two occasions to call them for support in the past and on both occasions their support was outstanding. Dave Buffington, a City PC Technician is a former employee of IBM and in his opinion they manufacture very advanced and reliable equipment. AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Appointment to the Civil Service FOR AGENDA OF: July 10, 2002 Commission ORIGINATING DEPT: Executive ORIGINATOR: Mayor Bozeman DATE SUBMITTED: June 27, 2002 2. CLEARANCES: (Comment on back if necessary) 3. EXHIBITS: Application for Appointmem APPROVED FOR SUBMITTAL BY COUNCIL PRESIDENT: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: There is a vacancy on the Civil Service Commission and it is recommended the vacancy be filled by Mr. Maurice Corriea. 5. RECOMMENDATION: Move to confirm the appointment of Mr. Maurice Corriea to the Civil Service Commission. 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: /q 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: ~/O.~ / NAME:..~/~U~[C~ , ~/~l~,j~ HOME PHONE: .~O -. 3 7 3 "~ ~ ~?', ,'-~ HOME ADDRESS: /5-~/ F~'NMsXc.vR~;~ ,~//~:, t~°EP)F,'~,'6 STATE .l~Jf} ZIP CODE OCCUPATION: ~'0~1~..Rc'~ Fi .D rn]~;YC. RR'T'OR, .... EMPLOYER:... '~ ¥do/¢' U r~ . WORK PHONE: ~.~x~ - 4/~,.~-- ~7~r'~ EMAIL: DIRu~9~cF.~~.o~(,.. FAX: ~C) - zC~.o'-- BUSINESS ADDRESS: D4oO EUl~u,J~.c. ..~'T"/?E~,T" . ERE/'tl~'£'r'o~ ~J~q~ EDUCATION: V'~)C. RT'IONRc... ,-5C~;~..~ ........ LOCAL REFERENCES (name & phone number): ! AM INTERESTED IN SERVING ON (please check one or more): Disabili~ Action Commiff~ (~ Planning Commission (18 yin. & older) Civil Se~ice Commission(18 yin. & older) (~ Pa~s & Recreation Commission (~ Urban Forest Comities ( ) Ethics Commission (~ Public Access Citiz~ Adviso~ Comities( ) Pa~ing Adviso~ Board ( ) Communi~ Develo~ent Block Grant ~ Solid Was~ Management Adviso~ Commiffee (~ Bmm~on Housing AuthoH~ (~ Youth Council ( ) ~a~ of Appeals, Ho~inWBuiiding Codes (~ Safe Stme~ Ste~ng Co~i~ee ( ) MayoCs ~lect Commi~ee on Law ( ) Citizen's Commission on Council Salades Enforcement ( ) ~her Is this an application for reappointment? ~. If yes, how many yearn have you se~ed on this commi~io~commi~ee? WHY ARE YOU APPLYING FOR THIS APOINTMENT? ~ .~~~ ~ ~ ~"~,~ ~ ,~.,~~r, ~ , WHICH OF YOUR PERSONAL AND/OR PROFESSIONAL INTERESTS PROMPTED YOU TO APPLY r , ¢o~. ~.. ~~,,~0 .... ~ ~~. I · I ' 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, TR~INING,~ EDU.~ATION):~.~ ~ 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 Rr~m~.rfnn. WA .qRR.~i7 F-mAil: mAvnr~J~.i.hr~.m~_rtnn wA.[i.~ AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Appointment to the Block Grant FOR AGENDA OF: July 10, 2002 Advisory Committee ORIGINATING DEPT: Executive ORIGINATOR: Mayor Bozeman DATE SUBMITTED: June 27, 2002 2. CLEARANCES: (Comment on back if necessary) 3. EXHIBITS: Application for Appointment APPROVED FOR SUBMITTAL BY COUNCIL PRESIDENT: MAYOR: . . ~ ~_-~¢~ ,/~:w..~.,~'~,-.? 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: There is a vacancy on the Block Grant Advisory Committee and it is recommended Mr. Ron Smith be appointed to fill the vacancy. 5. RECOMMENDATION: Move to confirm the appointment of Mr. Ron Smith to the Block Grant Advisory Committee. 6. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 7. NOTICE OF ACTION: PULLED [-'] TABLED ['-1 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: ~,q OF BR~ 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: Z.//,,!/0 ~L NAME: ~'~iv4c~ ~'~....~"~,,-',v HOME PHONE: HOME ADDRESS: /~Y~q g.~,~a~ ~..~, '-~2z~',,~. STATE LLJ~- ZIP CODE OCCUPATION: ~:[_~7~ ~.~2) EMPLOYER: ~. S. ~1. ~ WORK PHONE: E-MAIL:.~E~ ~/~/$~/. d'~ FAX: BUSINESS ADDRESS: 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) (X) Parks & Recreation Commission ( ) Urban Forest Committee (x~ 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 ( ) 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: , I / " ! 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 RONALD G. SMITH 1324 Ironsides Avenue Bremerton, WA 98310 Home Phone (360) 373-3524 Cell Phone (360) 710-3599 OB,FECTIVg: Finding a challenging new career using my past work experience and abilities. QUALIFICATIONS Strong customer s~wice ak-ills. Experience in quality control and assurance. Ability to read la-ints, s~tches, diagrams and follow procedures. Boat handling skills. EDUCATION 1961-1965 Graduated Central Kitsap High School i~MPLOYMENT 1966-1993 Nuclear Inspector/Quality Control Puget Sound Naval Shipyard Began as a General Helper/Welder working in steel fabrication and shiplaxilding. Became a Rigger working in hondling hazardous materials, maintenance of material control accountability systems, removal and installation of shipboard components, and operating pendant control bridge cranes, fottdifis, and various rigging equipment. Became a Nuclear Insl~gtor performing surveillane~ auditing work for compliance with NavSea procedures, drawings, l~ints and sketches, auditing fabrication and asseml:fly of new components using precision measutiag instruments. 1993-1996 Real Estate Agent Windermere Real Estate L'~ting and selling of residentiol homes and land. Schooling for requixed clock hours to maintain real estate license. 1997-1998 Estimator/Scheduler Peninsula Tank Service Soliciting clients for decommissioning of undertgound oil tanks in compliance with local and state requixements. E~mating costs to complete the proposed work and presenting bids to prospective clients. Scheduling work and materials for job completion, Following up with clients after j~ completion to insure their satisfaction and job completion. 1998-2000 Dr~ver/Delivery/Warehouse Arnolds Home Furnishings Unpacking, inspecting and repairing home furnishings. Delivering and se~ng up home furnishings in private homes and businesses. Performing service calls on prevlous(v purchased furnishings per warranties. 2000-2001 Restaurant WorlvMa~ntenance Old Clifton Deli Various job duties in restaurant worlc General mcantenance as needed. AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: FOR AGENDA OF: July 10. 2002 ORIGINATING DEPT: Public Works/Util. TIMBER SALE 02-1 BID AWARD ORIGINATOR: Forest~ Manager DATE SUBMITTED: 6/18/02 / 2. CLEARANCES (comment on back///~ n~ ~r/~)~: _. 3. EXHIBITS: Director PW&U ~//b~ ~~ Operations Committee Bid Tabulation Fiscal & Budget Committee Contract ENDORSE~ ,~TION APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: AVOR COUNCIL PRESmENT 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: Thc above timber sale was planned and prepared within thc guidelines of thc Water Utility's Forest Managcmcnt Plan and thc Washington State Forest Practices regulations. A forest practices permit has bccn obtained for this harvest operation. This proposed harx~cst will be an even-age cut on 4 units comprising 40 acres total. Total estimated volume is 1,090 MBF. Advertisement for bids was prepared according to administrative procedures and bids received on June 25, 2002: summary is attached as Ex_hibit B. It is reconm~cnded that thc City Council award thc timber sale to Qu | na i, l t: Lo99 i n ~ for the amount of $/~ 3 2,3 2 0 8. RECOMMENDATION Motion to approve and authorize the Mayor to execute the attached Bill of Sale and Contract to Pa. v for and Remove Forest Products from City Lands for Timber Sale 02-1, with Qu i n a u 1 t L d 9 9 i n ~ in the amount of $ /~ 3 2,3 2 0 ' in accordance with established administrative policies and procedures. 9. RESPONSIBLE OFFICIAL: Director of Public Works & Utilities ENFORCEMENT OFFICIAL: Forestry Manager EXPIRATION DATE: October 15. 2003 REVIEW DATE: N/A 10. NOTICE OF ACTION PULLED ~ TABLED ~ APPROVED DISAPPROVED A~D~J~r'~ COUNCIL DIRECTIVE: DA 11. AGENDA BILL NO: ~'.~-~ ~ ! -~ ~ 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: Loss of anticipated revenue to the Water Utility 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT AND OTHER RESOURCES: Staffing: N/A Budget: Component of revenue planned for 2002 Facilities/Equipmem: N/A 7. RESEARCH SOURCES: 1996 Land Management Plan, Forestry Manager CITY OF BREMERTON BID TABULATION BID TITLE: ( I~,~'~l~.-?~'tJ~ OPENED BY -[ L_t__ ~1_.-~--~ DATE OPENED: ~ ~O--~F O~2~- TIME OPENED: ~', C:)Od~ RECORDED BY BOND BIDDER ~EC'~ Sales Tax TOTAL SUMMARY TOTAL BID COMMENTS APPAREN~DDER , ENGINEER ESTIMATE (Incl Sales Tax) Tirab~r Sale Co~tract 1 6/25/2002 CITY OF BREMERTON Department of Pubhc Works and Utilities BILL OF SALE AND CONTRACT TO PAY FOR AND REMOVE FOREST PRODUCTS FROM CITY LANDS SALE #: 02-1 SALE NAME: BUD'S ROAD CONTRACT # EXPORT STATUS: Export Restricted THE PARTIES to this Bill of Sale and Contract for the Removal of Forest Products are the CITY OF BREMERTON, a Washington municipal corporation, situated in the County of Kitsap, State of Washington, the address of which is 239 - 4th Street, Bremerton, Washington 98337, hereinafter referred to as the "CITY", and, Quinault Logging Corporation, whose mailing address is 1606 E. Terminal Way, Aberdeen, Washington 98520, hereinafter referred to as the "PURCHASER". 1.0 GENERAL TERMS 1.1 Title Conveyed: The sale of forest products described herein has been authorized and ordered by the City Council of Bremerton, the Purchaser having made the highest qualified bid for the forest products described below, and that bid having been accepted by the City on July 10, 2002, the City hereby sells and conveys to the Purchaser title to the forest products described below. 1.2 Products Sold: The forest products conveyed to the Purchaser are described as follows: all timber, except marked wildlife trees and designated understory trees, bounded by, timber sale boundary tags/flagging, roads, and plantations, comprising approximately 1,065 MBF of Douglas fir, 8 MBF of hemlock, 11 MBF of alder, and 6 MBF of maple. 1.2-1 Volume Estimates: Amounts of forest products sold under this contract or described in the prospectus are estimates only. The City, making such estimates, neither warrants nor limits the volume of forest products sold under this contract, it being agreed that each party has had full oppommity to investigate the volumes on the sale area, and relies solely upon its own observations and estimates. 1.3 Sale Area: The sale area consists of 40 acres, more or less, situated in Kitsap CounW, State of Washington, and described as: part of the NWl/4 NWl/4 Section 29 and part of the El/2 El/2 Section 30, all in Township 24 North, Range 1 East, W.M.; Sale area is more fully depicted on map marked "Timber Sale Contract Unit Map" attached to this contract and made a part of said contract by this reference. 1.4 Operatine Authority: Purchaser is hereby granted permission to enter upon City lands and remove the forest products itemized in Clause 1.2 upon execution of this contract by the City. and its Timber Sale Contract 2 6/24/2002 authorized representatives and upon payment as set forth in Clause 2.0. Purchaser hereby agrees to complete all contract requirements by October 15~ 2003 1.5 Representatives: 1.5-1 City: The rights and duties of the City under this contract will be exercised by the City's Public Works and Utilities Director or such officer as may be otherwise designated by the Director. 1.5-2 Purchaser: Purchaser agrees, prior to commencement of operations, to notify the City m writing of the name, address and telephone number of a person who will be readily available at all reasonable times during the construction and logging operations, and who shall be authorized to receive on behalf of the Purchaser, any instruction or notice given by the City in regard to performance under this contract, or breach thereof. 1.6 Time Extensions: An extension of operating authority time as established in Section 1.4 may be granted by the City upon written request received thirty (30) days prior to the expiration date of the contract, and upon such additional terms and conditions as specified by the City in authorizing the extension. At a minimum, an extension fee of $1~000 plus the interest on the unpaid balance of the bid price will be required. 1.7 Insurance: Purchaser shall, before commencing operations, provide the City with a certificate of insurance evidencing commercial general liability coverage of at least $1,000,000 per occurrence including logging broad form property damage. The City of Bremerton shall be named an additional insured, and the policy shall be kept in full force during the lifetime of this agreement. 1.8 Business License: Prior to commencement of operations, the Purchaser shall obtain a City of Bremerton business license. 1.9 Taxes: Purchaser has sole responsibility for payment of timber excise tax as well as any other taxes levied by any government agency having authority thereof. 1.10 Export Restrictions: Timber conveyed under this contract is restricted from export under WAC 240-15 and is subject to all laws applicable under this chapter. 1.10-1 Purchaser Certificate: Purchaser shall complete a Purchaser Certificate included with this contract and return to the City prior to the commencement of logging operations. 1.10-2 Lot Markint: All logs shall be branded at both ends with a registered log brand and painted at both ends with durable red paint. Purchaser is responsible for providing the brand and paint at his expense. 3! Timber Sale Contract 3 6/25/2002 2.0 PAYMENT 2.1 Forest Products: Purchaser agrees to pay for the forest products hereto before conveyed on the basis of the accepted bid price, said bid price being in the amount of $432~320. Bid price to be paid according to the following schedule: a deposit of ten (10) percent of the bid price due upon award of contract, the balance due prior to commencement of timber falling operations, or on an installment basis as approved by the City Treasurer, provided the value of timber to be felled within the installment period will be paid for in advance of cutting, exclusive of the initial deposit. The initial deposit to be applied as final payment (to equal the lump stun bid). Provided: That one hundred (100) percent of the bid price must be paid by December 31, 2002. 2.2 Scaling Information: Purchaser agrees to furnish the City with scaling information showing the scale, count and measure of forest products removed. The scaling information shall be furnished to the City within sixty (60) days after completion of logging operations. 3.0 DEPOSITS AND BONDS 3.1 Dep.0sit: Purchaser, having heretofore deposited $43~232, hereinafter called the imtial deposit, is required to maintain this amount with the City. Said deposit is partial payment of the total bid price. 3.2 Noncompliance: The payment of the Purchaser of any damages to the City resulting from noncompliance with any rule, regulation, or law of the City or other governing agency, is hereby made a condition of this contract, the performance of which is secured by the required cash deposits and/or surety bond. 3.3 Performance Bond: As a guarantee of the faithful performance of the provisions of this contract, including not only the sums due to the City hereunder, but all damages accrued to the City by reason of the operations of this contract, the Purchaser delivers herewith, a performance bond in the sum of $20,000.00 in a form acceptable to the City. 4.0 LOGGING 4.1 Plan of Operations/Preconstrucfion and Pre-Lollging Meeting: The Purchaser shall, before starting operations within the sale area, submit to the City Representative, a plan of logging operations, including a summary of methods to be utilized, the sequence to be followed, times to be maintained, and such other information as may reasonably be required by the Public Works and Utilities Director, or his appointee. Upon approval by the City., the Purchaser shall carry, out its operation under this contract in compliance with and pursuant to the plan. Timider Sale Contract 4 6/24/2002 Purchaser shall arrange to meet with the City Representative before commencing any operations on City land. 4.2 Forest Practices and Other Applicable Laws: Purchaser shall fully comply with all provisions of the Forest Practices Act of the State of Washington as now existing or as subsequently amended, and all other apphcable laws, roles and regulations and shall hold the City harmless from any obhgation or hability arising thereunder. Purchaser shall comply with the specific conditions of the forest practices permit issued for this operation. 4.3 Falline: The Purchaser shall fall all timber into the sale area whenever reasonably possible. The tops, limbs and trees felled into adjacent areas shall be removed concurrently with the logging operation. Directional falling is required along streams or stream courses, lakes, ponds, reservoirs, etc. Care shall be taken to avoid damage to trees within adjacent plantation areas. 4.4 Stump Heieht: All trees shall be cut as close to the ground as practicable. 4.5 Equipment: Forest products sold under this Contract shall be removed by robber-tired skidder or tractor during the dry season, and tracked skidder or shovel year around. Equipment used shall be sized and operated so as not to cause damage to soils or residual stand. 4.6 Tops: If not otherwise treated, non-merchantable tops and limbs shall be lopped and scattered within the sale area. All woody debris generated within a right-of-way area shall be disposed of in a manner acceptable to the City. 4.7 Stream Protection: Yarding equipment and any other equipment shall be set back from any stream bank so that the act of yarding, storing or operation will not damage or encroach upon the flowing stream in violation of any statute, role, regulation or agreement in relation thereto. No timber shall be felled across, or into, and no yarding shall be permitted in or through such stream courses, lakes, or ponds, as designated by the City, or by any agency of the State having jurisdiction thereof., unless permission to do so is granted in writing by the City and/or the appropriate State agency. 4.8 Rub Trees: Rub stumps or trees shall be left on main skid trails, to protect leave trees. Rub trees may be removed at the end of logging operations. 4.9 Spur Roads/Skid Roads: Whenever practical, existing spur roads and skid roads shall be utilized. Additional spur roads shall be approved by the City prior to construction. No skidding on existing main roads unless authorized in writing by the City Representative. 4.10 Landines: Wherever practical, existing openings shall be used for landings. Landings shall not be located on mare access roads. Landing location shall be approved by the City Representative. Provided: That all mare access roads shall not be blocked during logging operations and shall be kept open at all times, unless permission for closure is granted by the City Representative. Timber Sale Contract 5 6/24/2002 4.11 Additional Timber: The City may designate additional timber within the sale area boundaries or within adjacent areas to be cut. The Purchaser must remove all merchantable timber so designated, prior to the expiration date of the operating authority as defined in Clause 1.4 herein. All merchantable timber so designated shall be paid for at the bid rate or at an appraised value as determined by the City and agreed to by the Purchaser. Such payment shall be made at the same time and m the same manner as provided for other forest products conveyed under the terms of this contract. 4.12 Leave Trees: Leave trees shall consist of all individually marked or clumped trees so designated by flagging or other marking. Understory trees shall be left whenever possible throughout the sale area to meet the requirements for wildlife reserve and green recruitment trees as specified by forest practice regulations. 4.13 Undesimaated Trees: Any trees, standing or down, not designated for removal, that must be removed in the construction of landings, skid roads, truck roads, firebreaks or other authorized construction, shall be marked by the Purchaser, and the Purchaser shall pay for such trees at the rate bid for similar products or at an appraised value determined by the City. 4.14 Water Bars: Prior to termination of this contract or cessation of use, whichever is sooner, the Purchaser shall construct water bars across hauling and yarding roads and fire trails m locations designated by the City if deemed necessary by the City Representative. 4.15 Lo~einll Release: Purchaser shall obtain a written logging release fxom the City where there has been satisfactory compliance with all contractual requirements, including but not limited to, all slash disposal work. The receipt of such logging release and/or acceptance does not relieve the Purchaser of compliance with any slash disposal requirements that are listed within the contract or additional fire hazard reduction measures as may be provided herein. Upon issuance of said release, however, all cutting rights revert to the City. 4.16 Gasline: Purchaser shall contact Cascade Natural Gas at (360) 373-1403 prior to commencement of logging operations. Purchaser shall observe all pertinent requirements specified by Cascade Natural Gas when working in proximity to gasline located on west edge of 2210 road. 5.O DAMAGES 5.1 General: All operations of the Purchaser under this agreement, including any construction, whether of roads or otherwise, and cutting and removal of timber, shah be so conducted as to mimmize, so far as is reasonably practicable, danger to adjacent CiW timber, or reserve trees within the sale area or within any area within which Purchaser cames on activities, whether transportation or otherwise, as well as to any stream course, stream side, reservoir, lake or pond within such areas, and to all other properties affected thereby. Timber Sale Contract 6 6/24/2002 5.2 Stream Courses: Reservoirs, stream courses, stream sides, lakes and ponds m or adjacent to the sale area shall be cleared of logs, chunk and other debris deposited therein, as a result of operations under this comract. Such material shall be removed and deposited in such a manner as is satisfactory to the City. Use of machinery m such waters is prohibited unless provision for such is granted in writing by the City and approved by all appropriate agencies having jurisdiction thereof. 5.3 Erosion and Damage to Soil: During operations under this agreement, including the construction of roads and landings, Purchaser shall take such precautions as are necessary to minimize erosion and damage to the soil, and make certain that no governmental laws, rules or regulations or laws are violated through such erosion, or as a result of its operations. Purchaser shall exercise every necessary means to prevent contamination and pollution of the waters or any reservoir, stream course, lake or pond as a result of any operation by Purchaser during the performance of this contract. 5.4 Damage to Trees: Any trees damaged m the course of normal logging operations through the utili~,ation of reasonable methods may be marked by the City and the Purchaser shall pay for such trees at the amount bid for similar products or at such appraised values as may be reasonably determined by the City. Purchaser shall have the right to remove the products so marked al[er payment. 5.5 Payment for Forest Products Destroyed or Damal-,ed: In the event any forest products included in this contract are destroyed or damaged from any cause not otherwise covered herein, the same shall be paid for by the Purchaser on demand by the City, at rates contained in Section 2-0 or, if no rate is therein fixed for a particular forest product, at appraised value as determined by the City. Purchaser shall have the right to remove forest products remaining on the sale area upon payment therefore. 5.6 Deleterious Material: All possible care shall be taken by the Purchaser to prevem fuel, oil, grease or other harmful materials from entering the soil or waters of any reservoir, lake, stream course or pond as a result of any operation of Purchaser. Refuse resulting from Purchaser's use, servicing, repair or betterment of its equipment shall be immediately removed from City property. 5.7 Other Damaees: Any damages to fences, gates, culverts, bridges, and/or other structures caused by the Purchaser's operations shall be repaired in a timely manner at the Purchasers sole expense. 6.0 SURVEYS AND MARKERS 6.1 City Marks: The City. has located and marked or otherwise designated all sale boundaries. Purchaser has gone over the boundary lines on the ground, knows where they are and agrees to confine his or its cutting to the forest products contained within the boundaries and to be responsible for any violation of this requirement. 6.2 Preservation of Markers: Any land, subdivisiom~ survey, comers, witness objects or survey markers of any .type are to be preserved. If such are destroyed or disturbed the Purchaser shall re-establish those by a licensed land surveyor in accordance ~vith Umted States General Land Office Timber Sale Contract 7 6/24/2002 Standards at Purchasers own and sole expense. Comers and/or witness objects that must necessarily be disturbed or destroyed m the process of road construction must be adequately referenced and such reference approved by the Utilities Director prior to the removal of said comers and/or witness objects. 7.0 SLASH DISPOSAL - FIRE PREVENTION AND CONTROL 7.1 Slash Defined: The term ,'slash", as that term is utilized for the purposes of this contract, shall mean all debris of whatsoever type created on the sale area and right-of-way thereto by logging, milling, and other related operations of Purchaser, or by windstorm. 7.2 Slash Disposal/Fire Hazard Reduction Plan: A slash disposal/fire hazard reduction plan, if required, will be part of this contract by attachment and will become part of the contract therein. Provided: Slash shall be lopped and scattered throughout the unit so that large accumulations are not created. No slash shall be piled on or near the gasline fight-of-way. 7.3 Waiver of Slash Disposal Treatment. The City reserves the right to waive any requirement relating to slash disposal or fire prevention, so long as such waiver is made m writing by the City afar Purchaser has been provided alternative methods for disposal and fire prevention, which have been approved by the City: Provided: That such waiver shall be subject to revocation in the event of any failure of the Purchaser to comply with such alternative methods. 7.4 Men and Equipment: The Purchaser agrees to provide persons and equipment at its own expense to fulfill any requirement that may be established by law, whether State or Federal, whether such persons or equipment are to be utilized for slash removal or fire prevention and suppression. 7.5 Clean Firebreaks: The Purchaser shall, upon completion of logging and at such other periodic times as may be stated in writing by the City, clean out all fire trails and skid roads designated by the City as fire breaks, leaving them free of debris for suitable fire breaks. When designated by the City, water bars and cross ditches are to be installed on trails to prevent erosion. 7.6 Fire Responsibility: Purchaser shall reimburse the City, its agents or employees, for all costs and/or liability of whatsoever nature incurred as a result of negligence of the Purchaser in the creation, spreading or escape of fire, whether such liability is incurred by the City through and/or to private parties or governmental agencies. 7.7 Operating Equipment Durine Closed Season: The Purchaser agrees: Not to operate any equipment powered by a spark-emitting engine between April 15 and October 15 of each year for logging, milling, fire suppression or road construction and maintenance or any activity ~vhatsoever within the sale area, unless it is equipped with spark arrestor of a type approved by the State of Washington for Timber Sale Contract 8 6/24/2002 utilization within its lands. Nor shall it operate any power saw or power equipment in any condition, which is known or can reasonably be known to start rites. The City reserves the right during periods of dangerous weather as designated by the City, to prohibit the operation of any or all such spark emitting engines within the sale area. 7.8 Fire Hazard Reduction: In the event the City furnishes a fire hazard reduction plan to provisions relating to but not limited to slash disposal and reduction of fire dangers, the Purchaser agrees to carry forth the measures at such time as may be established within the plan, but no later than the completion of logging in an area or at such other time as may be directed by the City. 7.9 Fire Extinguishers~ Fire Tools: Every internal combustion motor, yarder or vehicle shall be equipped with a chemical fire extinguisher and shall comply with all State established regulations relating to such equipment. Purchaser further agrees during the period of April 15 to October 15 to maintain on his operation toolboxes and other fire equipment as required by Washington State law. 7.10 Charee for Slash Disposal Work Not Completed: In the event that the Purchaser fails to carry forth the slash disposal preparation work or reasonable measures to prevent fires from starting or spreading from or within the timber sale area by the date that is designated by the City in any hazard reduction plan set forth or within this contract, the City shall have the right to complete such work or preparation and the Purchaser agrees to pay to the City the stun of monies reasonably expended by the City in such work. The Purchaser further agrees to pay all costs and liabilities incurred by the City as a result of the failure of Purchaser to either complete the slash disposal preparation work, fire reduction measures, or to make available the men and equipment as required by the terms of this contract. 7.11 Weather Instruments: During the period from April 15 to October 15, the Purchaser shall provide and maintain such weather instruments which will at all times measure the relative humidity and temperature of the air, and make the reports therefrom available to the City upon request. Observations shall not be required on any day that ram is falling. At such time as the relative humidity is 30% or less, operation of any and all spark emitting machinery, with the exception of automobiles, must voluntarily cease, unless permission to continue is given in writing by the appropriate officials of the City. 7.12 Watchperson: During the period April 15 to October 15 and such other times as mav be designated by the City, Purchaser shall have a watch person on duty for at least two hours after the clo~ure of operations for the day, or any part thereof in which operations occur: Provided: That with the written permission of the City this requirement may be waived or modified. All watch persons shall be competent and trained in fire detection and suppression activities. 7.13 Open Fires: Purchaser shall not set or allow to be set or maintained by his employees or subcontractors any open fire at any time of the year without first having obtained permission in writing from the City. 37 Timber Sale Contract 9 6/24/2002 7.14 Fire Lines: Purchaser shall construct a fire lane or firebreak along the outer boundaries of the logging area or areas if required by a slash disposal/fire hazard reduction plan attached to this comract. Such fire lanes or breaks shall be located and constructed to the satisfaction of the City. On or adjacent to the fire lane or break, all dead trees shall be felled and all flammable materials, including slash, reproduction and debris, shall be pushed or otherwise moved into the area to be logged. The cleared width ordinarily may not be required to exceed that of the bulldozer blade used in construction, but additional width may be required if considered reasonably necessary for safety by the City or Purchaser. When deemed necessary in the judgment of the City, a continuous lane cut to mineral earth shall be provided on the exterior edge of the cleared area. 8.0 ROADS 8.1 Authorization: Purchaser is authorized to construct and maintain on the City lands all necessary roads, bridges and other transportation facilities needed for the cutting and removal of the timber included in this contract. When utilized throughout this contract, the term, "construct", shall include the term, "reconstruction", or "reconstruct". All work shall be accomplished m compliance with Washington State law. 8.2 Road Construction: All construction, reconstruction, and betterment of roads covered under this contract shall be located and constructed as approved by the City and/or will be in accordance with a plan provided by the City and made a part of this contract by attachment, if required. 8.3 Location, Design~ and Construction: Such roads and other facilities shall be located and maintained in accordance with the provisions and specifications set forth in this contract or the attachments thereto and shall at all times remain the property of the City. Any existing road or facilities utilized by the Purchaser in the performance of its activities under this contract shall be maintained and left by Purchaser, in as good or better condition than found at the date of Purchaser's initial use. The relocation, design and construction techniques of all such roads and facilities shall be approved by the City before construction is commenced by the Purchaser. Purchaser agrees that any transportation facility needed for operation under this contract shall be located, constructed, operated, and maintained in a satisfactory manner. The City shall further have the right to utilize and allow the utilization of any road construction by the Purchaser under this contract for any and all purposes in connection with the protection, admimstration and utilization of the area here in question, provided that as to any non-public road constructed by the Purchaser any such utilization shall not materially interfere with the operations of the Purchaser. 8.4 Liability for Damage: Any required payment or maintenance carried out by the Purchaser shall not relieve the Purchaser from liability, to the City for repair or damage to the roads, including bridges and culverts, due to overloading trucks, carelessness or negligence on the part of the Purchaser, its employees, subcontractors and their employees, or any other party, utilizing the roads with permission of Purchaser. Timber Sale Contract 10 6/24/2002 8.5 Reservations: Thc City shall have the fight to use, without charge, all existing roads and/or any road constructed or reconstructed on City lands by the Purchaser under this contract for any and all purposes deemed necessary or desirable in connection with the control, management, harvest and administration of City-owned land or the resources thereof and the City may extend such rights and privileges to others, provided such use by others shall be controlled so it will not, in the opinion of the Public Works and Utilities Director, interfere unduly with the use of the road by the Purchaser. 8.6 Required Maintenance/Construction/Betterment: Roads utilized by Purchaser shall be maintained and left in a condition as good as or better than found at the date of Purchaser's initial use. Provided: That normal maintenance on main access roads shall be provided by the City. 9.0 BUILDINGS AND IMPROVEMENTS 9.1 Buildings and Improvements: Purchaser may construct on City lands, when authorized to do so by the City, such buildings or other improvements as may be reasonably necessary for logging the timber included in this agreement. All such buildings or improvements shall be located to prevent pollution of the water in streams or lakes and shall in no event violate any applicable City, State or Federal law, role or regulation. When such improvements are to be moved or abandoned, the Purchaser shall dispose of the improvement in such a manner as is acceptable to the City. The authorization granted hereunder to build or maintain improvements upon the City lands terminates with the terrrdnation of this agreement. 9.2 Abandoned Property: Any improvement, whether a building or otherwise, constructed upon the property of the City may, with the consent of the City, be left upon the property from the termination of this contract: Provided: That upon any such action, title thereof shall pass to the City. 10.0 OTHER CONDITIONS 10.1 Notice: All notices to be given by either party, to this contract in relation to this agreement shall be in writing and may be served personally upon the parties at the addresses noted above or by certified mail, remm receipt requested, addressed to the party to be served at the address hereinafter set forth. Any notice to be given by certified mail shall be deemed to have been received four days after the posting thereof in the umted State Postal Service, postage prepaid. 10.2 Breach of Contract: In the event the Purchaser violates or breaches any term of this agreement or any requirement hereunder, the City shall have the right to suspend operations of the Purchaser hereunder by the giving of written notice, specifying the breach alleged. If such breach is not remedied within thirty (30) days after the giving of the notice, the City. may terminate this agreement and the Purchaser shall have no further rights under this Bill of Sale and Contract. Upon such termination, the Timber Sale Contract 11 6/24/2002 City shall notify the Purchaser of a Breach of Contract and the deposit made in connection herewith may be forfeited upon order of the City Council and action may be taken to recover damages from the Purchaser and surety. 10.3 City's Right to Remedy Breach of Contract: In the event the Purchaser has violated or breached any term of this agreement and has failed to remedy the breach thereof, the City shall have the option to remedy of any such breach if, after the giving of notice of breach required hereby, the Purchaser shows no indication of attempting to remedy the breach, or if there is an apparent inability of Purchaser to remedy the breach as such absence of attempt or inability may be reasonably determined by the City, the City may, in its discretion, immediately enter upon the property and commence attempts to remedy the breach. Any expense so incurred by the City shall be charged against the Purchaser and be paid to the City by the Purchaser within thirty (30) days after receipt of the billing for the expense. Purchaser shall, in addition to the cost of the attempt to remedy the breach, be responsible to the City for any such losses or liabilities as may be incurred by the City, as a result of the breach, such losses to be paid to the City by Purchaser within thirty (30) days of notice of the amount in question. 10.4 Assignment: The Purchaser shall not assign any rights hereunder without the consent of the City in writing, signed by the Mayor of the City of Bremerton. No purported assignment of any such right shall be effective without the consent herein anticipated. 10.5 Purchaser Complaints in Writino: Complaints by the Purchaser as to any action taken, or any action not taken by the City, m respect to this contract, shall not be considered unless made in whting to the City within thirty (30) days of any such action or non-action. 10.6 Compliance with Laws: Purchaser, its employees, subcontractors and their employees shall conduct their activities in a safe and workmanlike manner to comply with all appropriate City, State and Federal laws, roles and regulations in relation to such activities, and shall cooperate fully in making it possible for the City's officers to inspect the cutting, logging, construction and other activities of the Purchaser under this contract, and to conduct their official duties on the sale area and its vicimty. 10.7 Indemnity: The Purchaser agrees to defend, indemnify and hold harmless the City,, its appointed and elected officers and employees, from and against any and all liability, loss, costs, damage and expense, including costs and attomey fees in defense thereof because of actions, claims or lawsuits for damages resulting from personal or bodily injury, including death at any time resulting there from, sustained or alleged to have been sustained by any person or persons and on account of damage to property, arising or alleged to have arisen directly or indirectly out of or in consequence of or the performance of this Agreement, whether such injuries to persons or damage to property is due to the negligence of the Purchaser, their subcontractors or agents. This provision shall be inapplicable to the extent the City. is judicially found solely negligent for such damage or injury. 10.8 City's Rieht to Close Operations: If. for any reasons, including but not limited to danger of fire determined to be excessive by the City., and any reasonable perceived threat to persons, property, or the environment, the City exercises its right to order the closure of operations under this contract, (said Timber Sale Conmtct 12 6/24/2002 fight being hereby recognized, established, and acknowledged) the time of completion of this contract shall be extended by the nmnber of days or portion thereof contained within said closure, so long as the closure is not as a result of actions of Purchaser or any person or entity acting upon Purchaser's behalf which are actions in breach of this contract. The extensions of time shall be Purchaser's sole remedy under this contract for any such closures and shall be in lieu of any other right, whether at law or at equity, including but not limited to monetary damages. If the closure is as a result of Purchaser's breach of this contract or is a breach of the contract any person or entity acting on Purchaser's behalf, there shall be no right to the extension provided for hereunder. 10.9 Venue: Any litigation commenced between the parties to this contract arising out of this contract shall be filed in the Superior Court of the State of Washington, in and for the County of Kitsap, which shall be the court having proper venue thereof. 10.10 Settlement: In addition to any other relief granted to one party against the other, the parties agree that the non-prevailing party in any such litigation shall pay to the prevailing party, in addition to any such other relief, the sum determined by the court to constitute reasonable attorney's fees. 11.0 EQUAL OPPORTUNITY 11.1 During the performance of this contract, the Contractor agrees as follows: (a) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include but not be limited to the following: employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination, rates of pay or other forms of compensation; and seleetion for training, including apprenticeship. (b) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. 12.0 SPECIAL PROVISIONS 12.1 Sanitary Regulations: Sanitary. regulations by the Washington State Department of Health shall be observed. Sam-Can type restroom facilities shall be provided at the job-site by the Purchaser. 12.2 Firearms: No firearms shall be pemtted on any properties covered by this agreement or Bremerton Water Utility lands. t}/ Timb~ Sale Contract 13 6/24/2002 13.0 MISCELLANEOUS 13.1 Entire Agreement: This agreement constitutes the entire agreement between the parties. There shall be no oral modification of this agreement. 13.2 Law Applicable: The laws of the State of Washington shall be applied in construing this agreement. 13.3 Time: Time is of the essence in performance of this agreemem. EXECUTED this __ day of ., 2002. PURCHASER: CITY OF BREMERTON: By By. Corey Bozeman, Mayor Title DEPARTMENTAL APPROVAL: W. Eugene Sampley Director of Public Works and Utilities APPROVED AS TO FORM: Roger Lubovich, City Attorney ATTEST: Kathleen L. McCluskey, City Clerk ORIGINAL AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Reciprocal Maintenance Agreement FOR AGENDA OF: July 10, 2002 Between Bremerton & State of ORIGINATING DEPT: Public Works & Utilities Washington, Department of ORIGINATOR: Robert E. Tulp Transportation for reimbursable work DATE SUBMITTED: June 27, 2002 2. CLEARANCES: (comment on back ~e.~,~ff,, , ~v,__,~ 3. EXHIBITS Director, Public Works & Utilities r v ~ Manager, Public Works Operations -k~,~~--r-~ Reciprocal Maintenance Agreement City Attorney ~ ~' ~ Ci%, Trca:,urcr ' NIZ / ' Council Budget & Fiscal Committee Operations Committee ENDORSfi~_ ff'~ APPROVED BY COUNCIL PRI~SI~ENT FOR SUBMITTAL: MAYO~,-~ COUNCIL PRESIDENT /"-"~4-~-~ 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: To have a Reciprocal Maintenance Agreement between the State of Washington, Department of Transportation and the City of Bremerton for reimbursable work performed by ~.'[.., ~ ~.x~x~xx~ ~ lC' ~r' ......... .,~-,:~.; ~ .... ,~,o~ ......... and/or for rent of-gmt~equipment. 8. RECOMMENDATION: The City Council to approve the Reciprocal Maintenance Agreement between the City of Bremerton and the State of Washington Department of Transportation. 9. RESPONSIBLE OFFICIAL: Director, Public Works/Utilities ENFORCEMENT OFFICIAL: Manager, Public Works Operations EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED TABLED APPROVED DISAPPROVED AMi~I~E~ COUNCIL DIRECTIVE DATE:~__ 11. AGENDA BILL NO: ' 'f,. - ~/~ 2. CLEARANCE COMMENTS: 4. SUMMARY STATEMENT (CONT.): 5. IMPACT ON NON-PASSAGE: More intensive work to accomplish specific tasks (road work, etc.) 6. IMPACT ON STAFFING~ BUDGETS, FACII,ITIES, EQUIPMENT OR OTHER RESOURCES: 7. RESEARCH SOURCES Reciprocal Maintenance Agreement attached. RECIPROCAL MAINTENANCE AGREEMENT This Agreement, made and entered into this 15th day of July, 2002, between the State of Washington, Department of Transportation acting by and through the Secretary of the Department of Transportation, by virtue of Title 47 RCW, hereinafter called the "STATE", and the City of Bremerton, a political subdivision of the State of Washington, acting by and through the Mayor by virtue of Title 35 RCW, hereinafter called the "CITY". WHEREAS, the parties hereto are charged with the responsibility of constructing and maintaining their streets, roads, and highways and maintaining staff, equipment and materials to perform the necessary work, and WHEREAS, the parties may from time to time need additional labor, equipment or materials or have labor, equipment and materials available in certain locations which could be used by the other party to this agreement. NOW THEREFORE, in accordance with RCW 47.28.140, and in consideration of the terms, conditions, covenants and performances contained herein, or attached and incorporated and made part hereof, IT IS MUTUALLY AGREED AS FOLLOWS: I GENERAL It is the purpose of the agreement to permit the parties to make the most efficient use of their resources by enabling them to cooperate by furnishing each other labor, equipment and materials when available on a reimbursable basis for roadway construction and maintenance activities. This will be done with the understanding that the work of the owner of the requested resources takes first priority. Work of the construction nature will be limited to a maximum of $30,000 per calendar year by each party to the agreement. II REQUEST FOR SERVICES Each request for service shall be in writing and shall specify the particular service required the amounts and types of labor, equipment and material required the location of the work, the estimated cost of the work and other information pertinent to the request. Upon receipt of the request, the party which has been requested to supply the service shall indicate their acceptance or rejection of the request, have it signed by their authorized official, and return one copy to the requesting party. In cases of emergency, the request and approval may be done verbally, but must be documented in writing within 48 hours of the verbal request. !11 PAYMENT The parties to this agreement agree that the party receiving services under this agreement shall reimburse the party providing the services for their actual direct and related indirect costs including any administrative overhead charges. Partial payments shall be made by the party receiving services upon request of the providing party, to cover costs incurred. These payments are not to be more frequent than one (1) per month. It is agreed that any such partial payment will not constitute agreement as to the appropriateness of any item. The maximum amount payable for work performed under this agreement is fifty thousand dollars ($50,000) per calendar year by each party to the agreement. IV RECORDS RETENTION AND AUDIT The parties agree to maintain records of all costs incurred under this agreement, in accordance with a work order accounting system as prescribed and approved by the State Auditor's Office. These records shall be kept available for inspection and audit by the party requesting the service for five (5) years after payment of the requested service. V CARE AND MAINTENANCE OF EQUIPMENT The parties agree that any time a request is made for the use of equipment that the requesting party shall be responsible for the proper care, maintenance and security of the equipment until the equipment is returned to the owner. Any damage other than normal wear and tear will be the responsibility of the party in possession of the equipment at the time the equipment is damaged. VI RIGHT OF ENTRY The parties to this agreement hereby grant and convey to each other the right of entry upon all land in which the parties have interest, within or adjacent to the right of way of the highway, road or street for the purpose of accomplishing all work or services requested as part of this agreement. VII LEGAL RELATIONS No liability shall attach to the parties to the agreement by reason of entering into this agreement except as expressly provided herein. VIII TERMINATION OF AGREEMENT The right is reserved by the parties to this agreement to terminate the agreement at any time by giving 30 days written notice to the other party. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT as of the day and year first above written. STATE OF WASHINGTON CITY OF BREMERTON DEPARTMENT OF TRANSPORTATION BY: BY: TITLE: ASSISTANT REGION TITLE: ADMINISTRATOR FOR OPERATIONS DATE: DATE: AGENDA BILL "U', BREMERTON CITY COUNCIL "" '" ' -! ' ) .... 1. SUBJECT: PUBLIC HEARING AND FOR AGENDA:- ORDINANCE AMENDING TITLE 2 OF THE ORIGINATING DEPT: Legal BMC RELATING TO DEPARTMENTS AND ORIGINATOR: Roger A. Lubovich DIVISIONS OF THE CITY GOVERNMENT DATE SUBMITTED: May 23, 2002 2. CLEARANCES: (Comment on back if necessary) 3. EXHIBITS: ~"------~ ~ -""~~ ORDINANCE NO RO'~,/L~ A. LfdBOVICH, City Attorney FISCAL BUDGET %HAIRM4g' OPERATIONS ~CHAIRMAN APPROVED FOR SUBMITTAL: MAYOR x'-'-"-'x-l~ ~..-/ % ~~ 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: An ordinance amending Title 2 of the Bremerton Municipal Code relating to the restructuring of certain departments and divisions within City government. The proposed ordinance would establish a new Finance Department and provide that the ~Risk Management and Safety Office would report to the Office of the City Attorney. 8. RECOMMENDATION: '2~l~ovc t,J approve [Itt ..... ~_AJ __.J~. .,,.,.,,,.,~ ,,,,~,,,,~l,.,, ~n first rzading. Move to pass Ordinance No. ~flO~ on the second reading. 9. RESPONSIBLE OFFICIAL: Roger A. Lubovich ENFORCEMENT OFFICIAL: Roger A. Lubovich EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION: PULLED [--] TABLED [--] APPROVED [--] DISAPPROVED [--] AMENyATE: COUNCIL DIRECTIVE: 11. AGENDA BILL NO.: 5. IMPACT OF NON-PASSAGE: 6. IMPACT ON STAFFING~ BUDGETS~ FACILITIES~ EQUIPMENT OR OTHER RESOURCES: 7. RESEARCH SOURCES: AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Chapter 2.08 restructuring the departments and divisions reporting to the Director of Administrative Services, by adding a new Chapter 2.09 to the Bremerton Municipal Code creating a separate Finance Department to include the accounting division and the treasury division; amending Chapter 2.06 of the Bremerton Municipal Code relating to the Office of the City Attorney; and amending Chapter 2.92 of the Bremerton Municipal Code relating to the Office of Risk Management and Safety. WHEREAS, the current provisions of Chapter 2.08 of the Bremerton Municipal Code relating to the Director of Administrative Services includes provisions relating to the department of finance, risk management division, accounting division and treasury division and WHEREAS, the City Council desires to restructure the departments and divisions reporting to Administrative Services by creating a separate Finance Department to include the accounting division and treasury division, re-designating the risk management and safety office division as reporting to the Office of the City Attorney and amending Chapter 2.92 relating to the Office of Risk Management and Safety to accomplish the same; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 2.08 of the Bremerton Municipal Code entitled "Director of Administrative Services" is hereby amended to read as follows: Administrative Services - Finance and Risk Management Chapter 2.08 DIRECTOR OF ADMINISTRATIVE SERVICES DEPARTMENT 2.08.010 DEPARTMENT CREATED. There is hereby created the Administrative Services Department. The Administrative Services Department shall consist of'the Office of the City Clerk, the information se~wices division, the purchasing division, and Bremerton Kitsap Access Television (BKAT). The department shall be managed by the Director of Achninistrative Services who shall serve as the City Clerk. The iDirector of Administrative Services shall have complete chm'ge of all of the work of the department and shall be responsible for hiring and supervising employees of the department. 2.08.020 DIRECTOR OF ADMINISTRATIVE SERVICES - POSITION CREATED AND APPOINTMENT. There is hereby created the position known as the Director of Administrative Services. The Director of Administrative Se~w'ices shall be appointed by the Mayor, subject to confirmation by the City Council, on the basis of professional experience, education demonstrated knowledge of accepted practices relating to the duties of the depamnent. 2.08.030 DUTIES. The Director of Administrative Services, in addition to performing the duties of City Clerk, shall provide for the administration, and operation of information services, purchasing and BKAT functions fbr the City. The Director of Administrative Services shall perform such other duties as the City Council or Mayor may direct or as may be required by law. ~,-,~ m;... ~, ........ ~... ~.~ ;. ~ ....... c..~ 4;.~. .... *~ of'''~-';-;~*"~'; ........ ;~ and dkcctl~ Administrative Services - Finance and Risk Management The ................... u ...... ~ ............. s all~,...~. .... SECTION 2. A new chapter, Chapter 2.09, is hereby added to the Bremerton Municipal Code entitled "Finance Department" to read as follows: Chapter 2.09 FINANCE DEPARTMENT 2.09.010 DEPARTMENT CREATED. There is hereby created the Finance Department for the purpose of performing all finance and accounting functions of the City of Bremerton. The department shall be managed by the Finance Director who shall serve as the City Treasurer. The Finance Director shall have complete charge of all of the work of the department and shall be responsible for hiring and supervising employees of the department. Administrative Services - Finance and Risk Managetnent 2.09.020 FINANCE DIRECTOR - POSITION CREATED AND APPOINTMENT. There is hereby created the position known as Finance Director. The Finance Director shall be appointed by the Mayor, subject to confirmation by the City Council, on the basis of professional experience, education and demonstrated knowledge of accepted practices relating to the duties of the department. 2.09.030 DUTIES AND POWERS. It shall be the duty of the Finance Director to: (a) Be responsible for the management of the city's investment and debt portfolios. (b) Assist city administration in budget preparation and monitoring. (c) Maintain the accounting system in accordance with generally accepted accounting principles (GAAP). (d) Maintain the payroll system. (e) Exercise control of accounts payable. (f) Maintain an inventory of capital assets. (g) Collect and account for all city funds. The Finance Director shall perform such other duties as the City Council and the Mayor may direct or as may be required by law. SECTION 3. Chapter 2.06 of the Bremerton Municipal Code entitled "City Attorney" is hereby amended to read as follows: Chapter 2.06 OFFICE OF THE CITY ATTORNEY 2.06.010 OFFICEDEPARTMENT CREATED. There is hereby created the Office of the City Attorney which shall serve as the _Ltegal Ddepartment 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. 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 4 Adtninistrative Services - Finance attd Risk ~lanagement oversee the civil and prosecution divisions of the office and the Office of Risk Management and Safety established pursuant to Chapter 2.92 iBMC. T~.~ C':,,, ^ ,. ....... *.,.~ ~. ...... ;.,.~.~ r.., ,~,. 2.06.020 APPOINTMENT. The City Attorney shall be appointed by 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. 2.06 ....030 DUTIES. To accomplish the directives of the City Charter and requirements of state law, the function of the Office of the City Attorney shall include, but not be limited to: a. Advise the Mayor, boards, commissions, department heads, Council and its committees, and other City officials and officers, including the rendering of formal legal opinions when so requested or when it appears to the attorney advisable to do so. b. Attend all regular and special meetings of the Council, unless excused by the President of the Council. c. Prepare, draft, approve as to form, or supervise the preparation of ordinances, resolutions, leases, deeds, contracts and/or agreements, and such other and similar insmunents as may be required by the business of the City. d. Represent the City in criminal prosecutions in Municipal Court and appellate courts. ~Manage the Office of Risk Management and Safety. f. Represent the City in all litigation and administrative proceedings in which the City is involved either as a plaintiff or defendant, or recommend the appointment of special counsel therein. Administrative Sert, ices - Finance and Risk Management g. Attend meetings of the Civil Service Commission, pension boards, and other commissions, boards, or committees required by law, or as directed by the Council, or requested by the chair of such board or commission. h. Facilitate bond issues; provided, this shall not mean the rendering of an opinion on the validity of the bonds in any case where special bond counsel has been retained by the City or by any prospective bond buyer. i. On request of the Mayor or Council participate in intergovernmental relations affecting the City. j. Keep litigation files and records, and copies of all other official written communications, and deliver same to successors of the Office of the City Attorney. k. Direct or participate in proceedings for the vacation of streets, condemnation of land, land acquisition, sale of surplus properties, and related legal transactions. 1. Prepare and administer the budget for the Office of the City AttomeySs m. Serve as advisor and/or participant in labor negotiations and approve labor contracts as to form. n. Coordinate and assist in obtaining information and legal opinions from Municipal Research as requested by the Mayor, Council President, or Chair of the Audit Committee. o. Prepare and/or approve ballot measures and levies. p. Interpret substance, form, and applicability of the City Charter and ensure consistency of all ordinances, resolutions, and administrative rules therewith. Administrative Services - Finance and Risk Management f. Council ....... i. Claimr.._.4 j. Codification procedures. 2.06.040 OUTSIDE EMPLOYMENT. The City Attorney and Assistant City Attorneys shall not engage in legal practice or compensable legal work while holding office with the City; provided, pro bono and minor legal matters for immediate family members are not prohibited so long as they do not interfere or conflict with this office. SECTION 4. Chapter 2.92 of the Bremerton Municipal Code entitled "Risk Management and Safety Office" is hereby amended to read as follows: Chapter 2.92 OFFICE OF RISK MANAGEMENT AND SAFETY OF'F!CE 2.92.010 CREATED. There is created tmthe Office of Risk Management and Safety within the Office of the City_ Attorney. '-'"}."'r' .... '*.~...l..+ ..~Ac .^.....~......L....'~"~ ;";"""""; .......... o~.. ;~,....o. The supervisor of said office shall be the Risk Manager, who shall report directly to the Director of Administrative ServicezC ltv Attorney. 2.92.020 FUNCTIONS. The Office of Risk Management and Safety shall be responsible for: (1) Loss reduction or prevention where such reduction or prevention is cost effective; (2) Transfer of risks to other parties where feasible through the purchase of insurance, and/or risk retention through a system of self-insurance and/or participation in programs providing pooled coverage, in whatever combination is most responsible and cost effective; (3) Coordination and handling of all claims, including workers' compensation claims; and (4) The maintenance of an effective employee safety program within the City. 7 Administrative Services - ~ ~ Finance and Risk Management (5) Writing interdepartmental rules as he or she deems appropriate for the implementation and administration of this chapter. 2.92.030 RESPONSIBILITY - SAFETY, LOSS REDUCTION, PREVENTION. (1) The Risk Manager shall be responsible for risk identification, analysis and control. Under the direction of the Risk Manager, the Safety Officer shall develop and administer the City's Safety Program and ensure compliance with the program by making periodic inspections of City facilities, work sites, and office spaces in regards to employee safety. The Risk Manager and the Safety Officer have full authority to immediately stop any ongoing work when prescribed safety precautions are not being adhered to, or if there are serious concerns for safety until the matter is satisfactorily resolved. (2) The Safety Officer is not required to be assigned to the ~ A~m.ini. strativ.¢ Se, twicesOffice of the City Attorney. He or she may be assigned to any other department within the City, but when functioning in that capacity, the Safety Officer will serve under the direction of the Risk Manager. (3) The Safety Officer, through the Risk Manager, _,m ..... may make written recommendations regarding employee safety to the appropriate Department Head. Should the Department Head disagree with the Safety Officer, a written response shall be made to the Directtor ',~fA'dminialr-W~iYe Servic¢~City Attorney stating the reasons for the disagreement. The Mayor shall make the final decision regarding implementation of any disputed recommendation. (4) The Safety Officer is responsible for ensuring proper safety training is provided to all City employees and for ensuring that required certifications for employees are kept current. He or she shall also become actively involved in the on-going training programs provided by Human Resources and other departments and ensure that a portion of that training is on Safety Awareness and Loss Prevention. (5) The Risk Manager and Safety Officer are permanent members of the City's Safety and Health Committee and shall monitor the Committee to ensure compliance with all applicable WISHA directives, provide input, and offer advice and assistance in helping the Committee to achieve its stated goals. The Safety Officer shall maintain the file of minutes of each Committee meeting. Administrative Services- Finance and Risk ~14anagement (6) The City Attomey~ shall advise and recommend to all City Departments, appropriate contractual clauses providing for indemnity, hold harmless and insurance provisions:, and The Risk iManager shall review all proposed City contracts, permits and leases to ensure that all contractual provisions relating to indemnity and hold harmless provisions adequately protect the City. 2.92.040 INSURANCE/SELF-INSURANCE/POOLED COVERAGE PROGRAMS. The Risk Manager is responsible for the design, negotiation, procurement and administration of all insured, and/or self-insured and/or pooled coverage programs: (1) The Risk Manager shall determine and recommend the appropriate retention levels and amount of reserves to be established; (2) The Risk Manager shall negotiate with insurance brokers for any type of insurance and may recommend that the City engage the services of such brokers; (3) The Risk Manager shall purchase, with the approval of the ~ A ,,1~;,,;~t~.,.,~.;~ ~ (2~,~-; .... t~'. ....................... · ....... ~ty Attorney and City Council, all insurance policies, funded self- insurance programs, pooled coverage and related services, and shall administer the same; (4) The Risk Manager shall make an annual report to the City Council regarding insurance coverage and the level of retained risk, and such other reports as a,~emay be required by Council; Administrative Services - Finance and Risk 34anagement 2.92.050 CLAIMS MANAGEMENT - SELF-INSURED WORKERS' COMPENSATION CLAIMS. The Risk Manager, or designee, shall be responsible for the direction and monitoring of all se!£ insured workers' compensation claims to a fair and equitable conclusion. (1) Every employee shall immediately complete the appropriate report form when work-related injury or illness occurs and promptly forward same to the designated supervisor, who is responsible for immediately forwarding to the Risk Manager with any pertinent comments. The Risk Manager shall complete the employer section. (2) The Risk Manager shall coordinate activity on the claim with the claim's administrator, who shall be a certified workers' compensation claims administrator as required by law, including time-loss, medical verification, and instruction involving progress of the claim. (3) The Risk Manager shall coordinate with the City Attorney and the Human Resources *'/~ ....... ' ........ ag,~, Director for retaining such outside expertise as necessary for the resolution of claims. These may include, but are not limited to, doctors, rehabilitation specialists, and investigators. The City Attorney's Office may elect to represent the City in all hearings and/or trials involving workers' compensation claims, or shall appoint outside counsel when r ate_ ........................................... s (4) The Human Resources Mamage~Director shall develop appropriate return-to-work opportunities for injured employees and, when feasible, will coordinate the implementation of specific return-to-work plans with the department heads involved. ,,..,,,,- .... no 0. CO ............ l.,,..,,u,,,... ....... ,..,,o,.,~,,. '~"t ............................... 2.92.055 CLAIMS MANAGEMENT COMMITTEE. CLAIMS MANAGEMENT COMMITTEE. To assist the Mayor, a Claims Management Committee shalN~m'~d-comprised of the Mayor or desi~m~ee, City Attorney, Administrative Services. Risk Manager, appropriate department head(s), and the City's contracted claims adjuster may convene as needed as determined bv the City Attorney. This committee will review large, litigated, or controversial liability and workers' compensation claims against the City on a '-~ ~ ....;- ........... ~-, ~-,,~;~ ................. ~ ....... : ........ The committee's review shall include: 10 Administrative Services - Finance and Risk Management (a) The possibilities for early settlement. (b) Identification of defense and settlement strategies. (c) Identification of defense counsel. (d) Estimation of reserve level necessary for claims resolution. (e) Discussion and clarification of loss control responsibilities and policies. 2.92.060 CLAIMS MANAGEMENT - NONLITIGATION CLAIMS. The Risk Manager or designee shall be responsible for the successful conclusion of all nonlitigation claims by or against the City. (1) The r~;~, .... c ^ .~_.;..:~,.....,.;.,~ c .... ; .... ~ bcCity Clerk is hereby designated ,,.~ ....... .~ ........ , to receive all claims. He/she shall forward to the Risk Manager all nonlitigation claims naming the City and/or its officers or employees, which claim(s) allege that said officers or employees, acting within the scope of their duties, caused the claimant damages. (2) All city departments, divisions and other city agencies shall report immediately to the Risk Manager the occurrence of any accident or incident which may give rise to a claim by or against the city to ensure prompt investigation of the incident. (3) The Risk Manager shall initiate and/or coordinate the investigation of all nonlitigation claims. The Risk Manager may employ, subject to the ~x,~ .... j,,L o City Attorney's approval, the services of claims specialists. All investigation of nonlitigation claims and potential claims shall be conducted as the agent of the City Attorney, and protected by the attorney-client privilege and attorney work product rule. (4) The Risk Manager shall have the authority to deny or negotiate the settlement of any claim to an mnount not to exceed $14,999 subject to the approval of the City (5) For all nonlitigation claims of $15,000 or more, the Risk Manager shall provide the r-~:.~ ~hm-aeement r, ..... ;,~ .... t~h,, Attorney with a '~,ee,-recommendation that the nonlitigation claim be accepted or denied and the reasons therefor, c"~' Upon request of the ~'~: ....~ ............... r- ....~-~c';,,, Attorney, the Risk Manager shall coordinate additional investigation of the claim. The Mayor shall have the authority [o 11 Administrative Services - ~ 0 Finance and Risk Management accept or deny the claim provided, however, that claim payments in excess of $49,999 shall be subject to approval by the City Council. (6) The Risk Manager shall maintain complete histories of all nonlitigation claims reported to the office of Risk Management and Safety, and investigation thereof sufficient to document at least a five-year claims history. 2.92.070 CLAIMS MANAGEMENT - LITIGATION CLAIMS. (1) Service of process on the Mayor, Mayor's designee or City Clerk shall constitute service on the city. No other city official or employee may accept service of a summons and/or complaint unless such official or employee is specifically named in the lawsuit. (2) The Mayor, Mayor's designee or City Clerk or defendant employee upon accepting service of the summons and/or complaint, shall deliver copies to ~ Admin:,~trat[v,c S.crvice~ for d~str~buticn to the Risk Manager and City Attorney. (3) The Risk Manager shall transmit copies of the lawsuit to the affected department and/or individual and, where appropriate, to the insurance company, pool or representative. The Risk Manager shall advise the_Ceity _Aattomey's cffice, ,,: ...... ,, ,,,,&,;":""' of the insured status of the lawsuit. (4) The Risk Manager shall initiate and/or coordinate the investigation of all lawsuits which may be insured against involving the city and/or its officials/employees. The risk manager may employ, subject to ~ ......'~ ...... .~,,, o City Attorney's approval, the services of claims specialists. All investigation of law suits shall be conducted as the agent of the City Attorney, and protected by the attorney-client privilege and attorney work product rule. (5) Upon completion of the investigation, or at any time requested by the City Attorney, the Risk Manager shall sur-remtev-forward the investigative file to the City Attorney. Upon request of the City Attorney, the Risk Manager shall coordinate additional investigation of the lawsuit. (6) The City Attorney shall have the authority to authorize settlements up to $14,999. 12 A dm in istrative Services - t~[ Finance and Risk Management (7) For all litigated claims of $15,000 or more, the City Attorney shall provide the ............... s .... d~Z~mm4tt~eMayo] with a ......... recommendation that the litigated claim be accepted or denied and the reasons therefor, c.,~, .... ;. ............. ~*;~" g~all ~' ........... ~'~ .................. SttS. a ............. e~;[~. The Mayor shall have the authority to accept or deny the claim, provided howcver that se~]ement pa~ents in excess of $49,999 shall be subject to approval by the City Council (8) The City Attorney shall maintain complete histories of ali lawsuits sufficient to document at least a Rye-year histo~ of sine. 2.92.075 CLAIMS NEGOTIATION, DISCUSSION, AND REPORTING. (1) Except as specifically directed by the Risk Manager, Mayor or City Attorney, no city department, division, or other city agency, and no city official or employee, acting individually or collectively, may engage in the following acts: (a) Negotiate or otherwise effect the settlement of a claim or lawsuit involving the city; (b) Discuss with persons other than the Risk Manager, Mayor, City Attorney, or persons authorized by the Risk Manager, Mayor or City Attorney, incidents which could reasonably lead to a claim or lawsuit against the city; provided, however, that the employee may discuss the incident with his/her supervisor. (2) Prior to any formal settlement offer, the Risk Manager shall be advised, in writing, of all proposed settlements of claims and lawsuits against the City. The Risk Manager shall seek approval of its-exm-ess insurers, in conformance with the provisions of any insurance policies applicable to thc claim or lawsuit. In the event the insurer does not provide necessary settlement approval, no settlement shall be made without the Mayor's written approval and acknowledgment that d~e City's insurers have withheld approval. (3) .... ~.~c~.~. ~ ......... ,~,,~. ^c,~ ...... , ................ h 11 The Risk Manager..on ...... .............. : ...................... ~ ..... : ....s a annually report to tit,: council the total number and amount of all claims filed against the city and 13 Administrative Services - ¢ ~. Finance and Risk ~lanagement the number and amounts of all claims or lawsuits paid by the city during the preceding calendar year. 2.92.080 RECOVERY OF LOSSES. (1) Action for Recovery. The Risk Manager and City Attorney shall be responsible for bringing all actions, including claims and lawsuits, for recovery of losses to the City arising out of the acts of others. Such losses may include property damage or losses which impact on the City as a result of personal injuries to city officers or employees. In addition, the City Attorney may join the City as a party with any third party; in a lawsuit involving recovery of loss (2) Allocation of Recoveries. Any moneys recovered (excluding costs of recovery) by the Risk Managcr or City Attorney on account of losses to the City shall be paid to the budget unit or department which has expended funds and/or materials as a result of the loss. Any moneys in excess of dmse so expended shall be transferred to the risk management fund as sct SECT ~ON 5. Severabili.ty. If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity o17 thc remaining portion of this Ordinance and the same shall remain in full force and effect. SEC170N 6. Efifective Date. This ordinance shall take effect and be in force ten (10) days from and :~ l'~:::' its passage, approval and publication as provided by law. APPROVED by thc City Council the day of ., 2002 PASSED by the City Council the day of ,2002 CAROL ARENDS, Council President 14 Administrative Services - ~ 3 Finance and Risk Management Approved this day of ., 2002 CARY BOZEMAN, Mayor ATTEST: APPROVED AS TO FORM: KATHLEEN MCCLUSKEY, City Clerk -R~I~SER A. L~TBOVICH, Cit~ttomey PUBLISHED the day of ., 2002 EFFECTIVE the day of _, 2002 ORDINANCE NO. R:~LEGAL\Ordinances\AdministrationLFinance and Risk Management.doc 15 Administrative Services - ~ Finance and Risk i~lanagement AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: PUBLIC HEARING AND FOR AGENDA: ~ July 10, 2002 ORDINANCE AMENDING TITLE 2 OF THE ORIGINATING DEPT: City Attorney BMC BY ADDING A NEW CHAPTER 2.07 ORIGINATOR: Roger A. Lubovich CREATING THE ECONOMIC DEVELOPMENT DATE SUBMITTED: June 17, 2002 DEPARTMENT 2. CL. EAIhkNC~S: (Comment on back if necessary) 3. EXHIBITS: ~~~y Att~'-'''~ ORDINANCE f00. ~r~oc~ FIS~/~ &/UDGET CHAIRMAN OPERATIONS CHAIRMAN APPROVED FOR SUBMITTAL: MAYoRENDORS~"-'"' ~[-] ~RMATION,[--] COUNCIL~.PRESDENT:c~.~ ~ 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: An ordinance adding a new chapter, Chapter 2.07, to the Bremerton Municipal Code creating the Economic Development Department for the purpose of' £acilitating economic and community development and revitalization projects within the City ogBremerton. 8. RECOMMENDATION: ~'~ ..... ~"~' ~ ..... ~- ~'-~ reading.' Move to pass Ordinance No. '~0 ~ on the second reading. Move to confirm the appointment of Gary Sexton as the Economic Development Director. 9. RESPONSIBLE OFFICIAL: Roger A. Lubovich ENFORCEMENT OFFICIAL: Roger A. Lubovich EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION: PULLED V'-] TABLED ~-] APPROVED [-'] DISAPPROVED [] AMEND:~~E: COUNCIL DIRECTIVE: 11. AGENDA SILL NO.: ~r~ _ I ,~ 5. IMPACT OF NON-PASSAGE: 6. IMPACT ON STAFFING~ BUDGETS~ FACILITIES~ EQUIPMENT OR OTHER RESOURCES: 7. RESEARCH SOURCES: AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Title 2 of the Bremerton Municipal Code, adding a new chapter, Chapter 2.07 creating the Economic Development Department for the purpose of facilitating economic and community development and revitalization projects within the City of Bremerton. WHEREAS, the City Council desires to establish a new department within the city government entitled Economic Development Department; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. A new chapter, Chapter 2.07, is hereby added to the Bremerton Municipal Code entitled "Economic Development Department" to read as follows: Chapter 2.07 ECONOMIC DEVELOPMENT DEPARTMENT 2.07.010 DEPARTMENT CREATED. There is hereby created the Economic Development Department for the purpose of planning, organizing, coordinating and directing economic development and related project coordination activities of the City. The department shall be managed by the Economic Development Director, who shall have complete charge of all of the work of the department and shall be responsible for hiring and supervising employees of the department. 2.07.020 ECONOMIC DEVELOPMENT DIRECTOR - POSITION CREATED AND APPOINTMENT. There is hereby created the position known as Economic Development Director. The Economic Development Director shall be appointed by the Mayor, subject to confirmation by the 1 Economic Development Department City Council, on the basis of professional experience, education and demonstrated knowledge of accepted practices relating to the duties of the department. 2.07.030 DUTIES AND POWERS. It shall be the duty of the Economic Development Director to coordinate the concepts, designs, financing, grants, land purchases, and plan development and implementation of City of Bremerton economic and community development and revitalization projects and perform all other duties as assigned by the Mayor or as may be required by law. SECTION 2. Severabilitv. If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. SECTION 3. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. APPROVED by the City Council the day of ,2002 PASSED by the City Council the day of ,2002 CAROL ARENDS, Council President Approved this day of ,2002 CARY BOZEMAN, Mayor ATTEST: APPROVED AS TO FORM: KATHLEEN MCCLUSKEY, City Clerk ROGER A. LUBOVICH, City Attorney Economic Development Department PUBLISHED the day of ,2002 EFFECTIVE the day of ., 2002 ORDINANCE NO. R:\LEGAL\Ordinances~Administration~Economic Development Department.doc Economic Development Department ORI61NAL AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Budget Adjustment for 510 Fund and FOR AGENDA OF: July 10, 2002 Purchase of Asphalt Grinder & Milling Machine ORIGINATING DEPT: Public Works & Utilities ~eso~cqio-~ t~o. ~E~ ~ ORIGINATOR: Robert E.Tulp DATE SUBMITTED: June 27,2002 ' 2". ...... _o.rx~x~cz_s:(~to~' 3.r/xnmrrs .... Director, Public Works & Utilities P' 5_ ~ ~"4'~ff ~ Resolution for Loan 510 Account Manager, Public Works Operations ~ City Attorney ~ ~:~ t~._~- Budget Adjustment 102Account City Treasurer Council Budget & Fiscal Committee Sd q,, ~-.~-',,~'~'--- /' Bid operations Committee ~ -~(~7~ Rental Agreement Purchasing Supervisor / ENDORSE~~T~ON APPROVED BY COUNCIL ?}~SmENT FOR SUBMrrr~L: MAYOR ~/(~jE) '- · COUNCIL PRESIDENT 4. StmmA~¥ sTA~m~rr aa~rn REgvm~m~~rr Fou cotr~cm ACTION:" ' Staff recommends budget adjustment in the amount of'$130,200.00 for the purchase of a used 1998 Wirtgen 1000 asphalt grinder and training of mechanics. (New price $219,500.00) The Street Division of Public Works& Utilities annually rents these units (Off State Bid List) tor 1 monthat acost of $21,000.00. The City was able to rent a machine loc~y this year for $17,500.00 from Carstan Leasing including a provision that 80% of'the rental rate would be credited toward purchase o£ the machine should the City decide to purchase. 8. RECOMMENDATION: That the City Council consider approving the following items and authorize the Mayor to sign the agreements subject to City administrative policies and procedures. 1.) Motion to approve Resolution g/o. 2 ~. c, 3 2.) Motion to approve budget adjustment it 2002-15 3.) Motion to award bid to Carstan Leasing in the amount of $130,200.00 inclusive of sales tax for 1998 Wirtgen 1000 asphalt grinding & milling machine. 9. RESPONSIBLE OFFICIAL: Director PublicWo -' ENFORCEMENT OFFICIAL: EXPIRATION DATE: M~ REVIEW DATE: ' ~0. ~oT~c~ oF Ac~ioN PULLED TABLED APPROVED DISAPPROVED .AMENDED 70 FINANCIAL ANALYSIS OF WERTGREN GRINDER ACQUISITION Analyze the cost of ownership versus lease of a Wirtgren asphalt grinder. Assumptions: This analysis is based on one-month use of machine and no value is attributed to year-round availability. No time-value of money is considered. No revenue or costs for outside lease of purchased grinder is included. Purchase Price New = $234,360 incl. Tax. Economic Life = 10 years Monthly Lease $21,000 1998 Model Used = $116,200 Economic Life = 7 years One major overhaul required during life = $20,000 Salvage Value = 25% of new cost = $58,590 O&M for each option is the same per prior lease agreements. One major overhaul valued at $20,000 will be required during the economic life with ownership. Analyze purchase of the used grinder versus lease. Purchase Lease Purchase Price $116,200 Annual Cost - Depreciation 16,600 $21,000 O&M 3,500 3,500 Subtotal - Annual Cost $20,100 $24,500 Subtotal - 7-year Cost $140,700 $171,500 Overhaul 20,000 -0- Gross 7 year cost $160,700 $171,500 Less Salvage 25% 58,590 -0- Net Total 7-year Cost $102,110 $171,500 Savings $171,500 -102,110 $ 69,390 Conclusion: Purchase of the used 1998 Wertgren grinder pays itself out in 4.2 years with the added benefit of year-round full use of the equipment. Analyze purchase of a new grinder versus lease. Purchase Lease Purchase Price $234,360 Annual Cost - Depreciation 23,436 $21,000 O&M 3,500 3,500 Subtotal - Annual Cost $26,936 $24,500 Subtotal - 1 O-year Cost $269,360 $245,000 Overhaul 20,000 -0- Gross 10-year cost $289,360 $245,000 Less Salvage 25% 58,590 -0- Net Total 1 O-year Cost $230,770 $245,000 Savings $245,000 -230,770 $14,230 Conclusion: Purchase of a new Wertgren grinder pays itself out over the economic life of the machine with the added benefit of year-round full use of the equipment. 11. AGENDA BlLL NO: 2. CLEARANCE COMMENTS: 4. SUMMARY STATEMENT (CONT.): 5. IMPACT ON NON-PASSAGE: The City will continue to rent machines ($21,000.00 per momh or more) and face difficult times with scheduling and performing grinding activities. W'dl cominue to fall behind on street maintenance activities and failures. 6. IMPACT ON STAFFING~ BUDGETS~ FACH,1T1ES~ EQUIPMENT OR OTHER RESOURCES: No impact on staffing levels or cost. Purchase price includes $2,500.00 to cover expenses to send two mechanics to WTrtgen training school in Tennessee in late fall. Budget allocations for rental will be applied to loan payments. Local D.O.T. has agreed to rent from the City ($17,500.00 per month) for its uses in the area (approximately 6 to 8 weeks rental per year) The City will work with other local agendes to meet their grinding needs and apply all rented revenues to defer cost to repay loan. Treasurers office will handle all transactions. 7. RESEARCH SOURCES: 71 CITY OF BREMERTON BID TABULATION BID TITLE: ~E~r~ C~/2._,~ ~ 'OPENED BY DATE OPENED: ~ [~ ~ TIME OPENED:. ~'. ~F~ RECORDED BY ~~ BID BIDDER ~c'o Sales Tax TOTAL ]' SUMMARY TOTAL BID COMMENTS APPArEnT L~W a~D~E~ ENGINEER ESTIMATE (Incl Salos Tax) SECOND LOW BIDDER TIffeD LOW BIDDER PROPOSAL AS PER SPECIFICATIONS. F.O.B. BRFMERTON WASHINGTON STATE SALESTAX $ tq ~,: ~ Amount in words Olr?:,¢-., "'; ....... ~ ~'"~ ¢' '¢' ~ L ~.,:),. . , Start B. Palmer ~ SELLER Date: .'f~n¢_ 27, 2002 -/3 5107 State Hwy 3 SW Carstan.. ,u; eas';n,-, RENTAL AGREEMENT Port Orchard WA 98367 360-674-2100 (NON-OPERATED) FAX 360-674-7190 Bob Tulp 360--478-536O Carstan Leasing, (hereinafter, "Lessor,") hereby rents the above-named Lessee the described equipment for the rental and pursuant to the terms and provisions se{ forth herein. BY TAKING DELIVERY OF THE EQUIPMENT THE LESSEE AGREES TO PAY THE RENTAL AT THE RATES SPECIFIED, OR THE MINIMUM CHARGE, IF THAT IS GRATER, AND AGREES TO THOSE TERMS, CONDiTiONS AND AGREEMENTS SET FORTH ON THIS PAGE AND TO THOSE SET FORTH ON THE REVERSE SIDE HEREOF. CI.~T. ORDER TAKEN RELF-_A~ED: .-. AM '~PM ~ETUIRNEO: O~D. ~1 O,~.'I'E aY DATE TIME DATE T~ME ALL RENTAL PAYMENTS ARE DUE & PAYABLE IN ADVANCE. APPLICABLE {] YES :~ NO LESSEE IS RESPONSIBLE FOR AL.[. NORMAL MAINTENANCE AND REPAIRS. ,~,~,.,,.~.,.~.~.,...~,,,.~=.~,c,,. WJ. rtgen k~phalt Grinder 39" drum, automatic Leveler $17,500.00 per mo~thrental *Sale price $120,000 00, 80% of rental will go towards E/L4 I purchase price "--~--~"- ,*-~---~ ,E RENTAL FICTURE$ ON FILE ,o L~,w, .-~-,, .,~.~...~.~.- A $.-'~,00 SERVICE CHARGE WILL RE LEVIED FOR EACH KEY NOT RETURNED WITH THE A,. ~,,,.,-..,,,. ~,..~.,~..,. MAC HINE. MRSJMILES - IN I Fl.lEt. TRUCK / L~::- MOVE OUT [ jo~s.~ Full ~N .o. RENTAL TERM I month . 48 ~8000229-034 LOCATION OF' USE AGREED EQUIP. VALUATION PLEASE NOTE: A mileage a{Iowance of a maximum of 25 miles/day or 125 miles/week or 500 miles/month will tat allowed at no additional cnarge. A mileage charge of per mile will be made for additional mileage. MILEAGE APPLICABLE [] YES [] NO TERMS OF LEASE: The term et this lease sha{I begin upon physical delivery of equipment to customer's job site (or other designated place of delivery) and end upon Lessor's retaking possession and control of the equipment. RENTAL RATE: $ PER DAY, ~ HRS., $ PER WEEK, __HRS., $~'Fi~ MO.. __HRS. Ran{al rates are based on one 8-hour shift per day, 5 days per week. Additional use beyond basic sift shall be charged on a prorated basis. Rental rates shall net be subject to aeducbons for non-working time. The above tales do not include faderat, state and !ocal taxes as may be applicable. The rental price ~s FOB ~i_t~ of , and the Lessee agrees to pay loading anti unloading costs and all transportation charges to and from the job 5it~. ]~remerton Lessee shall purchase and maintain Workman's Compensation and Employer's Liability Insurance fnr the protection el~ the operations of the leased equipment, as is required by {aw, p~blic liabiJib/insurance, compre~qens(ve form (limit not less than 55[30,000), and broad form property damage insurance (limit not less than $250,000) for the protection of the Lessor and the Lessee c~uring the term of this lease. Lessee shall purchase and maintain i~surance on the equipment in the amount of $ , on an all risk basis to protect ~oth the Lessee and the L~ssor. Furthm', Lessee shall provide evidence of such insurance with less. if any. payable to Lessor prior to :telivery of eqaipment to Lessee, and whictt provides that tan (~0) days no,ice will be given Lessor in case o[ cancellation or =amage. LESSEE IS RESPON~;~E FOR OBTAINING THE A~IOVE INSURANCE. ,.,u[t~orized Rc'~resentative oJ[ Less;~ Delivery Acknowledged by Lessee Carstan Leasing RESOLUTION NO. ~ ~ (~ ~ A RESOLUTION of the City Council of the City of Bremerton, Washington, authorizing an Interfund Loan to the Street Fund from the Equipment Rental Reserve Fund. WHEREAS, the Street Fund has an immediate need for cash with which to provide the financing for purchase of an asphalt grinder; and WHEREAS, the size and nature of this transaction does not lend itself to an external financing; and WHEREAS, surplus cash in an amount sufficient to meet the needs of this project is presently on hand in the Equipment Rental Reserve Fund; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Treasurer is hereby authorized and directed to make an interfimd loan from the Equipment Rental Reserve Fund to the Street Fund in an amount not to exceed $116,200. This loan shall bear interest at the rate of 4.0% per annum and shall be repaid in its entirety not later than December 31, 2007. SECTION 2. Severabilitv. If any one or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. SECTION 3. Effective Date. This Resolution shall take effect and be in force immediately upon its passage. 1 PASSED by the City Council of the City of Bremerton, Washington this day of ,2002. CAROL ARENDS, Council President APPROVED AS TO FORM: ATTEST: ROGER A. LUBOVICH, City Attorney KATHLEEN MCCLUSKEY, City Clerk CITY OF BREMERTON BUDGET ADJUSTMENT REQUEST Requesting Department: STREET FUND Adjustment Number: 2002 #14 EQUIPMENT RENTAL Approval Authority Required: ~--~Treasurer [---~Mayor [-'- Fiscal 8< Budget ~-~Council SOURCE OF FUNDS: USE OF FUNDS: Descri pt ion Arno u nt Desc ri pt ion A mo u nt Equipment Rental Fund: Decrease Endin8 Cash :1:16,200 Increase Inter-fund Loan :1:16,200 Street Fund: Increase Inter.fund Loan :1:16,200 increase Capital Purchase 1:16,200 NARRATIVE: This adjustment will provide expenditure authority to allow the Street Fund to purchase a needed piece of equipment using monies borrowed from the Equipment Rental fund. The loan will be repaid using the savings realized from not renting the equipment and from income generated by renting our equipment to other municipalities. Department Head Signature Date Director Signature Date Treasurer Comments: ~ Recommended ~ Not Recommended Treasurer's Signature DaTe Mayor Comments: ~ Recommended ~ Not Recommended ~ Approved ~ Denied Mayor's Signature Date Fiscal & Budget Committee Comments: Approved ~ Denied Fiscal & Budget Committee Signature Date ASPHALT GR1NDER PURCHASE JUSTIFICATION City staff recommends purchasing a slightly used Wirtgren asphalt grinder for $130,000. City crews have used this or a similar machine for the last three years on a rental basis. Utilizing the grinder provides a cost-effective method for street repairs. The machine grinds out selected sections of failed asphalt to a preset depth and conveys it into dump trucks. The voided area is patched with new asphalt extending the life of the surface. This can range from small (2' X 4') spot improvements to correct spot problems to entire sections of roadway such as recently accomplished on 6th Street from Olympic to Hewitt. Prior to asphalt grinding, City crews had to dig up and patch failed sections requiring much more time and equipment. For larger sections of streets, the prior method was applying an asphalt overlay over the existing surface which cause reduced curb height or raised the crown of the roadway when the curb line was maintained. The machine new lists for $219,000 plus tax but the city is able to purchase a slightly used machine for $130,000 including tax. The Public Works Operations recently leased this machine for $17,500 per month and is able to apply 80 percent of the lease amount ($14,000) toward the purchase price. While in the City's possession, crews were able to give it a full maintenance check to evaluate its condition. It is in excellent shape. With this machine, the City will be able to make more cost-effective repairs to needed roadways with available street maintenance funds. It is estimated that 50 percent more maintenance needs on city streets can be addressed compared to previous methods. In the past three years, the City has leased an equivalent asphalt grinder at $21,000 per month. This provided cost-effective benefits to operations but limited the time available for this activity; it had to be concentrated into a 30-day period. By purchasing the machine, the City has more flexibility in scheduling these activities while accruing equity in the machine. Additionally, the WSDOT has expressed interest in leasing the machine for two months at $17,500 per month at~er the city takes delivery and plans to schedule it into their maintenance operations each year. The state will use it from mid-July through mid- September after which it will be returned to the City for its use. This will help offset the purchase price significantly. The money is being borrowed through an interfund loan from the Equipment Revolving Fund 510. It will be repaid from moneys previously budgeted for leasing this type equipment and WSDOT rental income. AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: STATE REVOLVING FUND FOR AGENDA OF: July 10, 2002 LOAN AGREEMENTS BETWEEN ORIGINATING DEPT:~ Public Works & Utilities DEPARTMENT OF ECOLOGY ORIGINATOR:I/t.W. Eugene Sampley, Directo~t/ AND CITY OF BREMERTON DATE SUBMITTED~ June 25, 2002 2. CLEARANCES: (Comment on backifnecessary) 3. EXHIBITS: 1. Exhibit "A" - Summary of SRF Loans . _ 2. Resolution ~bt~ (Anderson Cove Loan) City a y,r ..~,?~'~ ' -/'~'-z,,-:~.// 3. Resolution ~t,~ (Four CSO Loans) Cou~icil Fis~aJ,,& ~~ommittee C~n~perations Committee ENDORSEMENT [ ] INFORMATION [ ] APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: MAYOR..-'~t¢' ' ' c cd--~'/~ '-"~/~'~'~'-",/'v:'F'F~"-b.e,,12OUNCIL~ ' ~'" PRESIDENT .J ti / I/ .il 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION' The City of Bremerton applied for and received awards for five Washington State Water Pollution Control Revolving (SRF) Fund low-interest loans to fund improvements included in the City's Combined Sewer Overflow (CSO) Reduction Program. The final loan agreement in the amount of $640,427 for reimbursement for Anderson Cove CSO Reduction Facilities (Loan No. L0200026) has been approved and is ready for execution. Draft loan agreements are prepared for Cherry/Trenton CSO Reduction ($1,000,000), Trenton Avenue Pump Station Improvements ($1,000,000), Tracyton Beach CSO Reduction ($693,000), and Anderson Cove Basin 12 ($650,000). (Continued on next page) 5. RECOMMENDATION: 1.) The City Council approve Resolution ~c%'//authofizing the City of Bremerton to receive SRF Loan No. L0200026 and authorize the Mayor to execute the same. 2.) The City Council approve Resolution ~;~ff(~'5 authorizing the City of Bremerton to receive SRF Loans for Cherry/Trenton CSO Reduction, Trenton Avenue Pump Station Improvements, Tracyton Beach CSO Reduction, and Anderson Cove Basin 12 and authorize the Mayor to execute the same subject to City Attorney approval of final relevant terms and conditions. ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION , :,~,~ /! ~ ~ ~ - PULLEI)[ I TABLED[ I APPROVED[ i DISAPPROVED[] AMENDED[] COUNCIL DIRECTIVE: ~ CLEAR,~NCE 4. SUMMARY STATEMENT (Continued) Copies of each loan agreement are attached herein by reference and a summary of loan conditions is attached as Exhibit "A". The action before the City Council is approval of Resolution ~O~authorizing the City of Bremerton to receive SRF Loan Agreement No. L0200026 and Resolution O.~6~authorizing additional SRF loan agreements set forth in Exhibit "A" subject to City Attorney approval of final relevant terms and conditions. 5. IMPACT ON NON-PASSAGE: Adequate funding will not be available to complete CSO Reduction Plan improvements required by the federal consent decree. 6. IMPACT ON STAFFING~ BUDGETS~ FACILITIES, EQUIPMENT AND OTHER RESOURCES: Staffing: None Budget: These revenues are projected in the adopted 2002 budget and the proposed 2003 budget as appropriate. Facilities/Equipment: No impact. 7. RESEARCH SOURCES: None. EXHIBIT "A" SUMMARY OF STATE REVOLVING FUND LOANS LOAN TITLE LOAN INTEREST TERM AMOUNT RATE Anderson Cove $640,427 1.5% 20-Yr CSO Refinance Loan No. L0200026 Cherry/Trenton $1,000,000 1.5% 20-Yr CSO Reduction Application No. FP02031 Trenton Avenue $1,000,000 1.5% 20-Yr Pump Station Improvements Application No. FP02035 Tracyton Beach $693,000 1.5% 20-Yr CSO Reduction Application No. FP02034 Anderson Cove $650,000 1.5% 20-Yr Basin 12 Application No. FP02032 RESOLUTION NO. 2 ~ ~ q A RESOLUTION of the City Council of the City of Bremerton, Washington, approving a State Revolving Fund Loan for the Anderson Cove CSO Reduction Facilities. WHEREAS, the Department of Ecology, a Washington State Agency has established a State Revolving Fund (SRF) for providing financial assistance for partial reimbursement for the Design and Construction of the Anderson Cove CSO Reduction Facilities; and WHEREAS, the City of Bremerton desires to participate in the loan from said SRF; and; WHEREAS, a requirement to participate requires a resolution of the governing body authorizing the City of Bremerton to receive a SRF loan; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City of Bremerton desires to participate in the SRF Loan Program. SECTION2. The City Council of the City of Bremerton does hereby authorize the City of Bremerton to receive a SRF Loan and to take such other actions as are necessary and relevant to the SRF Loan Program. SECTION3. Severabilit~. If any one or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. 1 ,~,., SRF-..~l,derson Cove SECTION 4. Effective Date. This Resolution shall take effect and be in force immediately upon its passage. PASSED by the City Council of the City of Bremerton, Washington this __ day of ., 2002. CAROL ARENDS, Council President APPROVED AS TO FORM: ATTEST: ROGER A. LUBOVICH, City Attorney KATHLEEN MCCLUSKEY, City Clerk R:\LEGAL\Resolutions\State Revolving Fund Loan re Anderson Cove.doc ~ ~ SRF - Anderson Cove RESOLUTION NO. ,,~ ~ A RESOLUTION of the City Council of the City of Bremerton, Washington, approving a State Revolving Fund Loan for Cherry/Trenton CSO Reduction, Trenton Avenue Pump Station Improvements, Tracyton Beach CSO Reduction, and Anderson Cove Basin 12. WHEREAS, the Department of Ecology, a Washington State Agency has established a State Revolving Fund (SRF) for providing financial assistance for partial reimbursement for the Design and/or Construction of Cherry/Trenton CSO Reduction Improvements, Trenton Avenue Pump Station Improvements, Tracyton Beach CSO Reduction Improvements, and Anderson Cove Basin 12 Facilities; and WHEREAS, the City of Bremerton desires to participate in the loan from said SRF; and; WHEREAS, a requirement to participate requires a resolution of the governing body authorizing the City of Bremerton to receive a SRF loan; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City of Bremerton desires to participate in the SRF Loan Program. SECTION2. The City Council of the City of Bremerton does hereby authorize the City of Bremerton to receive a SRF Loan and to take such other actions as are necessary and relevant to the SRF Loan Program. SECTION 3. Severabilitv. If any one or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not 1 t~e SRF - Cherry/Trenton and Others affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. SECTION 4. Effective Date. This Resolution shall take effect and be in force immediately upon its passage. PASSED by the City Council of the City of Bremerton, Washington this __ day of ,2002. CAROL ARENDS, Council President APPROVED AS TO FORM: ATTEST: ROGER A. LUBOVICH, City Attorney KATHLEEN MCCLUSKEY, City Clerk R:\LEGALXResolutions\State Revolving Fund Loan re Cherry-Trenton.doc '3 SRF- Cherr)VTrenton attd Others CSO PROJECT FUNDING PROJECT TASK COMPLETION ESTIMATED COST AS STATE (PWTF) FEDERAL (EPA Grant) FEDERAL (SRF & UNFUNDED (RATE SCHEDULE OF 6~25~02 CCWF) REVENUE) WARREN AVE Design & 1997 $ 4,566,064 $ 2,980,443 $ $ - $ 1,585,621 ISeparation) Construction CALLOW 1 8, 2 Design & 1998-2000 9,854,221 3,506,000 3,692,205 2,656,016 {Separation) Construction ANDERSON COVE Design & 1997-2001 1,686,116 1,609,573 76,543 Construction MANETTE CSOTP Desitin 2000 1,104,000 850,000 254,000 Construction 2001 4,246,000 4,246,000 CHARLESTON Desitin 2001 500,000 500,000 WWTP UPGRADE Construction 2002 4,500,000 500,100 3,275,862 724,038 PINE ROAD Design 2000 /Incl w/CSOTP) STORAGE Construction 2000 165,000 165,000 OF-2 TO MANETTE Desitin 2000 35,000 35,000 CONVEYANCE Construction 2000 685,000 685,000 CALLOW 3 Desitin 2001 305,000 305,000 (PS WB-6) Construction 2002 1,950,000 1,379,900 570,100 CALLOW 3 Desitin 2001 200,000 200,000 (WB-3 Upgrade) Construction 2001/2002 500,000 500,000 CALLOW 5 Desitin 2001 450,000 180,000 270,000 (SeparationI Construction 2001/2002 3,340,000 430,000 2,910,000 EAST PARK Desitin 2000/2001 35,000 35,000 Construction 2001 490,000 490,000 TRENTON AVE Desitin 2001 503,800 503,800 - Construction 2002 2,150,000 150,000 2,000,000 - CHERRY AVE Desitin 2001 Ilncl w/Trenton) - Construction 2002 Ilncl w/Trenton) - TRACYTON BCH Desitin 2002 125,000 150,000 {25,000) Construction 543,000 543,000 - AN DERSON COVE Desitin 2002 130,000 130,000 BASIN 12 Construction 520,000 520,000 PACIFIC AVE Desitin 619,200 ~ 619,200 Construction 2,476,800 2,476,800 TOTALS $ 41,679,201 $ ~7,336,243 $ 6,755,962 $ 8,699,778 $ 8,887,218 42% 16% ' 21% 21%