HomeMy WebLinkAbout08/14/02 AGENDA FILE
239 4th Street · BremeHon, WA 98337 · Phone (360) 478-5280 · Fox (360) 478-5251
CITY COUNGIL MEETING AGENDA
AUGUST 14, 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.a. PledgelnvocationOf Allegiance
3. CONSENT AGENDA
A. Minutes of Meeting -July 31, 2002 (#AB02-153)
4. CLAIMS/CHECK REGISTERS
5. COUNCIL MEMBER REPORTS
6. MAYOR'S REPORT
7. PUBLIC RECOGNITION - Comments limited to 3-minutes
8. NEW BUSINESS
A. Sale of Minor Forest Products Agreement with Raymond Evergreens (#AB02-154)
B. Agreement between the City of Bremerton and the U.S. National Park Service for
the Urban Parks & Recreation Recovery (UPARR) Grant (#AB02-155) /
C. Allocation of $78,120 in CDBG Revolving Loan Funds (RLF) as match for Urban ,~
Parks & Recreation Recovery (UPARR) Grant (#AB02-156)
D. Budget Adjustment No.2002-15 implementing the addition of the Finance and ~
Economic Development Departments; Funding a Discretionary Reserve Account;
and making other changes (#AB02-157)
E. Professional Services Agreement for MacLeod Reckord (#AB02-158) '-7
9. PUBLIC HEARINGS - RESOLUTIONS & ORDINANCES
A. Public Headng and Resolution No. 2871, Continuing Moratorium on Off-Premises
Signs (#AB02-159)
/
B. Public Hearing and Resolution No. 2872, Continuing Moratorium on Applications for
Wireless Communications Facilities (#AB02-160)
10. EXECUTIVE SESSION
The Council will reconvene in the Council Conference Room to discuss "PENDING LITIGATION"
per R.C.W. Chapter 42.30.110(1 )(i)
11. ADJOURNMENT OF MEETING
E-mail: cilycouncil@ci.bremerton.wa.us · Web: www. ci.brernerton.wa.us
AGENDA BILL
BREMERTON CITY COUNCIL
1. SUBJECT: FORAGENDA OF: AUGUST 14, 2002
ORIGINATING DEPT: CITY COUNCIL
MINUTES OF MEETING- JULY 31, 2002 ORIGINATOR: CAROL ARENDS, PRESIDENT
DATE SUBMITTED: AUGUST 7, 2O02
2. CLEARANCES: (Comment on back if necessary) 3. EXHIBITS:
ENDORSEMENT [--] INFORMATION []]]] APPROVED FOR SUBMITTAL BY
COUN~CIL PRESIDENT,;
MAYOR:
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
5. RECOMMENDATION:
6. RESPONSIBLE OFFICIAL:
ENFORCEMENT OFFICIAL:
EXPIRATION DATE:
REVIEW DATE:
7. NOTICE OF ACTION:
PULLED []~ TABLED [~] APPROVED [--] DISAPPROVED [~ AMENDED ~] DATE:
COUNCIL DIRECTIVE:
8. AGENDA BILL NO.:
9. IMPACT OF NON-PASSAGE:
10. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES:
11. RESEARCH SOURCES:
TAPE #1845
CITY COUNCIL MEETING MINUTES
July 31,2002
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, July 31, 2002, at 5:30 P.M., with
Council President Carol Arends presiding. Council members present were Mike Short, Will Maupin, Eric
Younger, Ed Rollman, Daren Nygren, Cecil McConnell, and Wayne Olsen. Council member Mike
Shepherd was absent. Also present were City Attorney Roger Lubovich; Acting Deputy City Clerk
Cherie Henry; and Legislative Assistant Lori Smith.
The meeting opened with the Pledge of Allegiance led by Council Member Cecil McConnell, followed
by the invocation provided by Reverend G.T, Johnson former Missionary to India, now retired.
Council President Arends made the following announcement:
(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 to 5:30 P.M.;
(2) Council will reconvene in the Council Conference Room for a 15-minute Executive Session to
"EVALUATE AN APPLICATION FOR PUBLIC EMPLOYMENT" per RCW Chapter 42.30.110(1 )(g); and
(3) Provided a reminder that there would be no regular City Council meeting next week on August 1st
due to the Monthly Study Session, which would be held in the Council Conference Room beginning
at 5:00 P.M.
CONSENT AGENDA A. Minutes of Meeting - July 24, 2002 (#AB02-147)
B. Resolution No. 2869, setting a Hearing Date of August 21,2002 for Vacating a portion of the
alley located between Warren & Park Avenues, and between 4th & 5th Streets (#AB02-148)
C. U.S. Department of Justice Local Law Enforcement Block Grant (LLEBG) FY 2002 (#AB02-149)
#0015 M/S/C/U (McConnell/Olsen) Move to approve Consent Agenda as presented.
CLAIMS/CHECK REGISTERS
Vouchers audited and certified by the auditing officer as required by RCW 42.24.080, and those
expense reimbursement claims certified as required by RCW 42.24.090 have been recorded on a listing
that had been made available to the Council.
#0045 M/S/C/U (Younger/McConnell) On July 31, 2002 the Council approved payment for those
vouchers included and further described as follows: Check numbers 273171 through 273174, and
273218 through 273398 in the amount of $953,887.33; and Regular Payroll for Firefighters retro for 2002
for pay periods January 1 through July 1, 2002 in the amount of $78,569.45; and Retiree Payroll for the
pay period ending July 31, 2002 in the amount of $134,614.97.
COUNCIL MEMBER REPORTS
Cecil McConnell announced that he and Council member Wayne Olsen would be hosting a combined
District I & 2 Town Meeting to allow citizens an opportunity to discuss the pros & cons of the "Public
Safety Bond" on Tuesday, August 13 from 7:00 to 8:30 P.M. at the Sheridan Park Recreation Center.
Daren N¥.qren reported on his attendance at the "Broadband Lighting Ceremony" sponsored by the
Kitsap Public Utility District, and encouraged any citizens who wanted to be more involved to contact the
Council office at 478-5280.
TAPE #1845
City Council Reg. Mtg. Minutes
July 31, 2002
Page 2 of 4
Ed Rollman encouraged the public to attend the World Changers Barbeque to support the youths who
are from all areas of the country to offer home repair assistance to qualified Iow-income homeowners
Eric Younger encouraged the public to attend the District 6 & 7 Neighborhood Meeting to also discuss
the pros & cons of the "Public Safety Bond" and to receive a brief update on "Code Enforcement" on
Thursday, August 15 from 6:30 to 8:00 P.M. in the Curriculum Library of the Bremerton School District
Administration Office at 134 N. Marion Avenue.
Will Maupin reported on his attendance at several events, including the Grand Opening of the Olympic
View Transfer Station and the Broadband Symposium and Lighting Ceremony; and thanked Senator
Betti Sheldon and the Lion's Club for hosting the Welcoming Party for the Japanese Exchange Students
from our Sister City Kure, Japan.
Mike Short.. announced the next District 8 & 9 Meeting would be held Thursday, August 22 from 6:30 to
8:00 P.M. to discuss the "Public Safety Bond" at the Public Works & Utilities Building located at 100
Oyster Bay Avenue
Carol Arends reported on her attendance at the Puget Sound Regional Council Policy Board meeting;
encouraged citizens to attend the District 6 & 7 Neighborhood meeting, or any of the other Council
District meetings planned during the month of August; and lastly, commented on her visits to several
World Changers project sites.
On behalf of Mayor Cary Bozeman, Council President Carol Arends read a Proclamation to proclaim the
week of July 2g - August 2, 2002 as "WORLD CHANGERS WEEK", which was accepted by Bob &
Claudette Tulp.
MAYOR'S REPORT - There was no report tonight.
PUBLIC RECOGNITION
Allen Shute requested that the City consider a citywide curfew; and also requested the deposit records
for the last 8 months from Diamond Parking. He also noted a previous discussion he had with the Mayor
where a promise was made to add Police Officers within two years.
Ed Wolfe was here to thank the Mayor's office and the Council for improving the relationship between
the City of Bremerton and the United States Navy.
Don Larson was impressed with the grass and trees planted along a roadway in Tacoma, and
encouraged Bremerton to implement a program for citizens to "Adopt a Street".
Don Holtz was here to thank the Port of Bremerton for their support and efforts in organizing the
Channel Run in the area waterways.
Rick Lockhart discussed his attendance at a recent Anderson Cove Community meeting, and
submitted a letter listing several concerns that the residents of the area would like to see addressed.
Elden Scheer elaborated further on additional concerns of the neighborhood. Mr. Youncler encouraged
other area residents to document their concerns so appropriate Departments may be notified and proper
action can be taken.
TAPE #1845
City Council Reg. Mtg. Minutes
July 31, 2002
Page 3 of 4
8A - APPOINTMENT OF PRO AND CON COMMITTEES FOR LOCAL VOTER'S PAMPHLET ON
PUBLIC SAFETY BOND ISSUE (#AB02-150): President Arends summarized that on last Wednesday,
July 24, the City Council passed Resolution No. 2866, placing a Public Safety Bond Levy in the amount
of $12.979 million on the September 17, 2002 Primary Election. If the City desires to participate in the
local Voters Pamphlet, it must appoint persons known to favor the measure to serve on the committee
advocating approval and shall, whenever possible, appoint persons known to oppose the measure to
serve on the committee advocating rejection. No committee shall have more than three members;
however, a committee may seek the advice of any person or persons preparing their statements.
Statements for and against measures shall not exceed 200 words. Statements must be submitted to the
County Auditor by August 5th. In order to participate in the County Voters Pamphlet a committee must be
appointed to write a statement in support of the bond issue and a committee to write a statement in
opposition to the bond issue. The three citizens who have volunteered to serve on the Pro Committee
are Stacey Tucker, Alan Martin, and Jerry Reid. Citizens who wish to serve on the committee to write
the statement in opposition to the bond issue are encouraged to contact the City Clerk's office no later
than 5:00 P.M. on Thursday August 1st. The phone number is 478-5290.
There were no comments from the public.
#1430 M/S/C/U (OIsen/McConnell) Move to approve Voter Pamphlet Pro Statement Committee with
members Stacey Tucker, Alan Martin, and Jerry Reid.
8B - CONTRACT RENEWALS BETWEEN THE CITY AND KPS HEALTH PLANS FOR EMPLOYEF
MEDICAL COVERAGE (#AB02-151): Carol Conley, Human Resources Director, stated that this action
is necessary to formally renew our contracts with KPS Health Plans for 2002 to provide coverage for
those employees enrolled in KPS Health Plans. The rates reflect an increase of 15.4% over 2001 rates,
and the policies renewed "as is", with no additional benefits. The current budget includes funding to
cover the cost of the rate increases. The delay in bringing this before Council was due to KPS
converting our contract and benefits booklets to their standardized form. Both the new contract and
benefit booklets were reviewed by staff, our benefits consultants, Willis of Seattle, and the City
Attorney's office for content and correctness. We received the final revised contracts for execution and
benefits booklets from KPS on July 16, 2002.
There were no comments from the public.
#1520 M/S/C/U (Short/Maupin) Move to approve renewal of the contracts between the City and KPS
Health Plans for 2002 and authorize the Mayor to execute the same.
9A - PUBLIC HEARING AND RESOLUTION NO. 2870, REGARDING RECOVERY OF FEES FOR
THE REMOVAL OF VEGETATION ON THE LIST OF PROPERTIES (#AB02-152): Janet Lunceford,
Building Inspector, stated that Ordinance No. 4584 declares that it is unlawful and a nuisance to allow,
continue, or maintain grass and weeds exceeding twelve (12) inches in height, shrubs, brush, vines or
trees which constitute a fire hazard or provide a harborage for rats, rodents or horticultural pests, or
noxious and poisonous plants. The listed properties are currently in violation of the ordinance and
pursuant to Section 9.14 of the Bremerton Municipal Code. The legal requirements for notice were met.
Council is now asked to approve the removal of the nuisance vegetation on the property and collection
of the costs incurred by personal judgement against the owner and a lien against the property. Two
properties were dropped from the list due to their recent compliance. Pictures of all the other properties
were displayed.
TAPE #1845
City Council Reg. Mtg. Minutes
July 31, 2002
Page 4 of 4
Don Larson wondered if there was a better way to encourage residents to comply. Ms. Lunceford
responded by providing a brief description of the process. Allen Shute encouraged members of the
public to call Ms. Lunceford at 478-5213 anytime they notice property owners not in compliance with the
weed ordinance.
#1935 M/S/C/U (YoungedShort) Move to pass Resolution No. 2870 as amended, ordering that the
nuisance vegetation on the properties identified by the attached listing be removed by the City with the
fees incurred collected as reasonable abatement costs, which shall become a personal judgment against
the owner and a lien against the property.
With no further regular business, the Council reconvened in the Council Conference Room at 6:35 P.M.
for a 15-minute Executive Session to "EVALUATE AN APPLICATION FOR PUBLIC EMPLOYMENT". At the
conclusion of the Executive Session, the meeting was adjourned at 7:00 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/PJIIslcge
c: Normal Distribution
File
AGENDA BILL
BREMERTON CITY COUNCIL
1. SUBJECT: Agreemem for the Sale of FOR AGENDA OF: August 14, 2002
Minor Forest Products vdth ORIGINATING DEPT: Public Works/Util.
Raymond Evergreens ORIGINATOR: ForestD~ Manager
DATE SUBMITTED: August 1, 2002
2. CLEARANCES (comment on back ~f. necl~s~ 3. EXHIBITS: Agreement
Dir ctor PW ~//~~:~
· e &U .___~_._~._~,_~t ~ ff_~_~' ~ .----,~
City Attorney ~ ~~.~a~,~,~,~,~,~
Operations Committee ~~~~~
Fiscal & Budget Comm,ttee
BY COUNCm P SIDE T FOR
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
Minor forest products consist primarily of evergreen salal and huckleberry brash associated with second gro~th conifer
stands. These products have commercial value and can generate additional revenue to thc Water Utility through harvest and
sale. Harvest is conducted by hand picking; rcgulatcd entry will not have negative impacts to water or forest stand quali~'.
Areas for harvest will be selected by thc Forestry Manager. Raymond Evergreens is established in thc local area and
experienced in thc harvest of minor forest products.
(over)
8. RECOMMENDATION
Motion to authorize the Mayor to enter into agreement for the Sale of Minor Forest Products with Raymond
Evergreens, Port Orchard.. WA.
9. RESPONSIBLE OFFICIAL: Public Works/Util. Director
ENFORCEMENT OFFICIAL: Forestry Manager
EXPIRATION DATE: December 3 I, 2003
REVIEW DATE: NA
10. NOTICE OF ACTION
PULLED TABLED APPROVED DISAPPROVED AMF.~ED
COUNCIL DIRECTIVE: DAT~
11. AGENDA BILL NO: ./,--. '- / '~ ~
1
2. CLEARANCE COMMENTS:
3. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION (continued from page 1)
Sale of minor forest products is expected to generate several thousand dollars per year. Additional benefit will be the
potential reduction of unauthorized harvest activity on Water Utility lands. Harvest volume and payment rate will be by
industry standards. The 1996 Utility Land Management Plan allows for commercial uses of"the forest resource in support of
and within the constraints of source water protection".
5. IMPACT ON NON-PASSAGE: Opportunity for generation of income from low impact activity will be missed.
6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT AND OTHER RESOURCES:
Staffing: NA
Budget: Generates additional revenue.
Facilities/Equipment: NA
7. RESEARCH SOURCES: Forestry Manager; 1996 Utility. Land Management Plan
AGREEMENT FOR THE SALE OF
MINOR FOREST PRODUCTS
THIS IS A CONTRACT for the sale of minor forest products made and entered into this
day of ,2002, by and between the City of Bremerton, hereinafter called
"City" and Raymond Evergreens, hereinai~er called "Contractor," referred to collectively as the
"Parties."
WHEREAS, the purpose of this contract is to provide harvest and sale of minor forest
products from selected Bremerton Water Utility lands to the Contractor.
NOW, THEREFORE, in consideration of the terms and conditions contained herein,
and attached and incorporated and made a part hereof, the City and Contractor mutually agree
that Contractor shall provide harvest and payment for minor forest products to the City. of
Bremerton as follows:
I. Scope: The Contractor shall provide all performance of work for minor forest products
harvest, marketing, and payment for harvested volume to the City, including all labor, materials,
transportation, equipment, supplies, and services necessary for and reasonably incidental to the
completion of all work as set out in the Scope of Work, which is attached as Exhibit A and
incorporated herein by reference. The Scope of Work may be modified only pursuant to Section
VII. D. of this Agreement. If the Scope of Work provides for unspecified additional services the
City may request, such services shall only be performed upon the express, written request of the
City.
II. Term: This Agreement commences on the date of execution of this Agreement and
terminates on December 31, 2003 unless another date is substituted pursuant to Sections VII. D.
or IX.
III. Payment: The Contractor agrees to pay the City according to the terms and at a time and
in a manner provided for in the fee schedule attached as Exhibit B and incorporated herein by
reference.
Contractor's harvest records and payment shall conform to the schedule contained in Exhibit
B. The Contractor shall submit quarterly statements with payment describing volumes of minor
forest products harvested during the quarter.
Contractor shall limit his activities to those contained in the Scope of Work. Any out-of-
scope activities shall be pre-approved the City Forestry Manager.
IV. Relationship of Parties: Contractor is skilled in the matters addressed in the Scope of
Work and is performing independent functions and responsibilities within its field of expertise.
Contractor and its personnel are independent contractors and not employees of the City.
Contractor and its personnel have no authority to bind the City or to control the City's employees
and other contractors. As an independent contractor, Contractor is responsible for its own
management. The City's administration and enforcement of this Agreement shall not be deemed
an exercise of managerial control over Contractor or its personnel. Contractor shall work under
the direction of the City's Forestrs.' Manager.
Bremerlop/Scott Raymond 1
V. Licenses & Taxes: Contractor shall possess a current Bremerton Business License and
regulatoD' licenses required to fulfill Contractor's obligations under this contract. As an
independent contractor, Contractor is responsible for payment of all taxes and licensing fees
necessary to perform its obligations under this Agreement. These taxes and fees include but are
not limited to State industrial insurance, B&O, and City business licensing. If any t,xxes or fees
due the City have been declared delinquent, Contractor, by this agreement, assigns any pasanents
due under this contract to the City Clerk for payment of such taxes. The City- may also withhold
the delinquent amount, plus any additional charges arising from the delinquency, from any
payments due Contractor.
VI. Insurance and Hold Harmless: Prior to the commencement date of this Agreement,
Contractor shall provide Certificates of Insurance to the Ci~"s Risk Manager verifying the
coverage under a comprehensive general liability CCGL") policy providing coverage of at least
$500,000 per occurrence and including bodily injury and property damage. The CGL shall name
the CiW as an additional insured. The CGL policy shall remain in full force and effect, and
provide coverage for the full term of this Agreement. Insurer shall provide the Risk Manager
with 30 days written notice of any cancellation or change of coverage of the policy.
Contractor shall be solely responsible for the acts and failures to act of its personnel,
which arise in any way out of performance of this Agreement. Contractor agrees to defend,
indemni~', and hold harmless the City and its officials and employees from and against all
liability, loss, damages, and expenses, including costs and attorneys' fees, resulting from actions,
claims, and lawsuits arising or alleged to have arisen, in whole or in part, out of or in
consequence of the acts or failures to act of Contractor, its employees, its subcontractors, its
agents, or its assigns in the performance of this Agreement. The City and Contractor have
specifically negotiated Contractor's waiver of its immunity under Title 51 RCW, xvhich is hereby
waived for purposes of Contractor's indemnification and hold harmless of the City, including the
duty to defend. This provision shall be inapplicable to the extent such action, claim, or lawsuit is
judicially found to arise solely from the acts or failures to act of the City.
VII. General Conditions:
A. Reports and Information: When requested by the City, Contractor shall furnish
periodic reports and documents on matters covered by this Agreement. The reports and
documents shall be furnished in the time and form requested. Contractor shall maintain
accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to
substantiate all billed amounts.
B. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement
between the Parties, and the Parties acknowledge that there are no other agreements, xvritten or
oral, that have not been set forth in the text of this Agreement.
C. Severability: Should any part of this Agreement be found void, the balance of the
Agreement shall remain in full force and effect.
D. Modification: This Agreement may only be modified by written instrument signed by
both Parties.
E. Notices: Notices shall be in writing and delivered to the following addresses:
BremertowScott Raymond 2
City Address Contractor Address
Forestry Manager Scott Ra~nond
Bremerton Public Works & Utilities Raymond Evergreens
3027 Olympus Drive 15264 Sidney Road SW
Bremerton, WA 98310 Port Orchard, WA 98367
F.~Waiver: Failure to enforce any provision of this Agreement shall not be deemed a
waiver of that provision. Waiver of any fight or power arising out of this Agreement shall not be
deemed waiver of any other right or power.
G. Compliance with Laws: Contractor shall comply with all applicable Federal, State,
and local laws in performing its obligations under this Agreement.
H. Choice of Law and Venue: This Agreement shall be interpreted according to the laws
of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement
shall be brought in Kitsap County Superior Court.
I. Attorneys' Fees: The substantially prevailing Party in any' litigation arising out of this
Agreement shall be entitled to its reasonable attorneys' fees and court cogs.
VIII. Nondiscrimination: Contractor shall not discriminate in emplo)anent or services to the
public on the basis of race, color, national origin, sex, religion, age, marital status, or disability,
except for employment actions based on bona fide occupational qualification.
IX. Termination: This Agreement ma), be terminated, at will, by either Party, upon ninety
(90) days notice to the other Party. This Agreement may be immediately terminated for cause by
a Party if the other Party substantially fails to perform through no fault of the terminating Party,
and the non-performing Party does not commence correction of the failure ofperfommnce within
five days of the terminating Party's sending notice to the non-performing Party.
Upon termination, the City shall be entitled to copies of all Contractor's records and data
pertaining to performance under this contract. The City will pa)' Contractor for services rendered
up until the date of termination upon receipt of invoices substantiating the extent of satisfactory
services rendered.
X. Successors and Assigns: The City and Contractor each agree to be bound to the other
part? in respect to all covenants, agreements, and obligations contained in this contract. Neither
party shall assign the contract in part or as a whole, without the written consent of the other.
Bremerton/Scotl Raymond 3
IN WITNESS WHEREOF the parties hereto have executed this Contract the date and
year indicated.
RAYMOND EVERGREENS
Scott Rasxnond date
CITY OF BREMERTON
Cary Bozeman, Mayor date
Departmental Approval
W. Eugene Sampley, Director
Public Works & Utilities
Approved as to form:
Roger Lubovich
City Attorney
Received for Filing
Kathleen McCluskey, City. Clerk
Bremert one'S cott Ray~nond 4
EXHIBIT A
Scope of Services for Minor Forest Products Harvest and Sale
Definition:
For the purposed of this agreement, minor forest products shall be defined as non-timber forest
products, more specifically, salal and evergreen huckleberry. Harvest of other non-timber species
shall be by mutual agreement of the Forestry Manager and Contractor and at a mutually agreeable
price.
Deliverables:
For minor forest products harvest units within Water Utility forest lands selected by thc Forestry
Manager, Raymond Evergreens shall provide the following:
1) A valid minor forest products harvesting permit for areas of activity. Contractor shall
maintain a copy in the field during harvest operations. The City shall assist in permitting
process.
2) Locate and mark boundaries as necessary, where boundar3~ abuts private or other property
owner. Ensure that all Contractor's employees are aware of boundaries and keep harvest
activities within Water Utility propert3~. The City. shall assist in locating property.' lines.
3) In consultation with Forest~' Manager, determine appropriate level of harvest on
individual units, e.g. on units scheduled for even-age log harvest, a high level of minor
forest products harvest is appropriate. On most units, minor forest products harvest shall
utilize practices that improve quality and quantities of residual vegetation. Where
appropriate, harvesting shall be initiated on outer boundaries to discourage trespass and
theft.
4) Direct supervision of harvest crew(s). Size of crew(s) and number of vehicles shall be by
mutual agreement with the ForestD~ Manager and may var3' depending upon location of
harvest activities. The following general conditions apply:
· Samtary practices shall be observed on all Water Utility lands.
· Department of Natural Resources closed season requirements shall be strictly observed.
· Report unauthorized personnel according to established procedure.
· Contractor shall provide the Forestry Manager a current activity schedule for prior approval
which will include: work area, date/times, crew size, and communication contact procedure.
· All Contractor personnel and vehicles shall carry appropriate identification.
5) Provide harvest accountabilit3~ records and payment disbursements including periodic
and final accounting statements (more fully specified in Schedule B).
Breme~o~"Scott Raymond 5
EXHIBIT B
Fee Schedule for Minor Forest Products Harvest and Sale
Payment:
l) City shall receive ten cents ($0.10) per hand of long salal and five cents ($0.05)
per hand of salal tip and huckleberry.
2) The total volume of products harvested shall be reported and payment made per the
above schedule to the City at the end of each quarter.
Out of Scope Services
Any out-of-scope work shall be pre-approved by the Forestry Manager. Prices for minor forest
products other than those previously described, shall be established by mutual agreement.
Bremerton/Scott Raymond 6
AGENI)A BILL
BREMERTON CITY COUNCIL
1. SUBJECT:Agreement Between the City FOR AGENDA OF: August 14, 2002
Bremerton and U.S. National Park Service ORIGINATING DEFY: Parks & Recreation
For the U.P.A.R.R. Grant ORIGINATOR: Jim Spencer, Director
DATE SUBMITTED: August 6, 2002
CLEARANCES:
2. , ~ ~._~3. EXHIBITS:
(Comm~.t o, ~c~
City Attorney: ~' * UPARR Grant Agreement (3 originals)
City Treasurer: /x,~~.~*-~-~,. ~- . * A. pplication Documents
Fiscal & Budget Conunittee~./---~y,~"~,~..~~'~tdget Adjustment
MAYOR: -- '~ -! COUNCIL PRESIDENT:
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
The Bremerton Parks & Recreation Department has been awarded an Urban Parks and Recreation
Recovery grant. This grant is sponsored by the U.S. National Park Services.
The project is for the rehabilitation of the Glenn Jarstad Aquatic Center and calls for the remo,eal of
existing heating, ventilation, and dehumidification system from the indoor aquatic center and replacing it
with a new system to include: Heating and Ventilation, Dehumidification, Operating Controls, and
Energy Management.
The grant will pay for 70% ($182,280) of the project. The other 30% ($78,120) will be coming from
Community Development Block Grant Revolving Loan program. The total cost for these upgrades is
estimated at $260,400.
8. RECOMMENDATION:
A. Motion to authorize the Mayor to enter into an Agreement with the U.S. National Park Services
regarding the Urban Parks and Recreation Recovery grant for funding the rehabilitation activities
described for the Glenn Jarstad Aquatic Center.
B. Motion to authorize the budget adjustment for this project.
9. RESPONSIBLE OFFICIAL: Jim Spencer
ENFORCEMENT OFFICIAL: Jim Spencer
EXPIRATION DATE:
REVIEW DATE:
10. NOTICE OF ACTION ~
PULLED TABLED APPROVED DISAPPROVED ~~D
COUNCIL DIRECTIVE: DATE:
11. AGENDA BILL #: ~' ~ -~ · J: ~:J
2. CLEARANCE COMMENTS:
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION (continued)~
5. IMPACT OF NON-PASSAGE:
The Bremerton Parks & Recreation Department will not be able to go forward with this first phase of the
rehabilitation of the Glenn Jarstad Aquatic Center.
6. IMPACT ON STAFFING~ BUDGETS, FACILITIES~ EQUIPMENT OR OTHER
RESOURCES:
Once the HVAC system is replaced the following improvements will occur:
Air quality--important to both patrons and staffwho are in the buildin§ a significant number
of hours each day
· Decrease in corrosion of infrastructure
· Humidity control for a healthier and more enjoyable environment
· Improvements in Energy efficiency
This project is ranked second in the Bremerton Recovery Action Program (R.A.P.), making it one of our
highest concerns.
7. RESEARCH SOURCES:
CITY OF BREMERTON
BUDGET ADJUSTMENT REQUEST
Requesting Department: PARK DEVELOPMENT Adjustment Number: 2002 #16
DISCRETIONARY RESERVE
IApproval Authority Required: I
r--]Treasurer r-'lMayor ~' Fiscal & Budget ~-~Council
SOURCE OF FUNDS: USE OF FUNDS:
Description Amount Description Amount
Block Grant Fund
Park Development Fund: Supplies and Services $ (78,120)
Transfer from Block Grant $ 78,120 Transfer Out to Park Development Fund $ 78,120
Federal Grant $ 182,280
Park Development Fund
Capital Project - Jarstad Pool $ 260,400
NARRATIVE:
This adjustment will provide expenditure authority necessary to make the improvements to the City's municipal
swimming pool funded by federal grant monies.
Department Head Sicjnature Date ~ ~,e~t~; ~,~ Da~e
/
Treasurer Comments:
~ Recommended ~ N otRecomme~ded ~~~~~ ~~
Treasurer's Signature .... ~ Date -
Mayor Comments:
r-~ Recommended ~ Not Recommended~' "'~~
~ Approved ~ Denied
Mayor s Signature Date
Fiscal & Budget Committee Comments:
Approved ~ Denied
Fiscal & Budget Committee Signature Date
UPARR FULL APPLICATION CHECKLIST
The following items will comprise the full application for your UPARR grant. When
submitting, place items in order behind this sheet. Please do not bind or staple items.
2/tn' 1. v/ SF-424 (signed by Chief Executive)
la. /dA-' Executive Order 12372 Comments (if applicable)
~ 2. v// SF,424D, Assurances
3. t,,,'/ Project Agreement Information Sheet (one for each site)
4. t,,'/ Maps
V'/ Section 1010 Boundary Map (signed and dated)
/VA- Site Plans
5. v'/ Environmental Assessment
6. V// SHPO Comments
· . 7. '~ AIE Certification
8. ,MA- Reqaired Permits, if necessary
9.' "At',4- Certification of Compliance with Flood Insurance Requirements
of P.L.93-234 (i.f applicable)
.~[0. V// Grant Agreement with Genera~l Provisions (three hand-signed copies)
11. v/'/Opinion of Title Counsel (control and tenure)
~2. V'/ Documentation of Matching Share
13.~ Direct Deposit Sign-Up Form .(contrary to instructions on the form itself,
include the' original and lear6 a copy with the bank)
14. v,''/' Separate letter for SMARTLINK on city/county letterhead indicating a
contact person and their telephone number and e:mail address
Submit ONE ORIGINAL set of the above package
A signed a~d dated copy of the Grant Agreement will be returned toyoufollowing
signature approval and processing.
CONSTRUCT. ION COSTS INCURRED PRIOR TO THE APPROVAL DATE ON
THE PROJECT AGREEMENT ARE NOT ELIGIBLE FOR REIMBURSEMENT
April 2002
UNITED STATES DEPARTMENT OF THE INTERIOR
NATIONAL PARK SERFVICE
URBAN PARK AND RECREATION RECOVERY PROGRAM GRANT
REHABILITATION AND INNOVATION AGREEMENT
Applicant name: City of Bremerton Grant Number: 53-CTY-0180-0201
Administering Agency: City of Bremerton Parks & Recreation Departmem
Grant title: Glenn Jarstad Aquatic Center Rehabilitation
IX] Rehabilitation [ ] Innovation [ ] Eligible IX] Discretionary
Grant Expiration Date: September 30~2003
Proposed Scope (description of proposal on individual site or project basis, with identification of each site)
Removal of existing heating, ventilation, and dehumidification system from the indoor aquatic center
and replacing it with a new system to include: Heating and Ventilation, Dehumidification, Operating
Controls, and Energy Management.
Grant Cost: The following are hereby incorporated
Into this agreement:
Total Cost $ 260,400.00 1. General Provisions
UPARR request °A 70 $182,280.00 2. UPARR Grants Manual (NPS-37)
State Match % 3. Project Application and Attachments
Local Match °A 30 $ 78,120.00 4. OMB Circular A-102
Other % 5. Title 43, Code of Federal Regulations
Appropriation FY 6. 36 CFR Chapter 1, Part 72
FY 7.
NPS 10-912 (March 1995) Page 1 of 2
Grant Agreement No: 53-CTY-0180-0201
The United States of America, represented by the Director, National Park Service, United States
Department of the interior, and the Grants Recipient above (hereinafter referred to as the Grantee),
mutually agree to perform this agreement in accordance with Title X, Urban Park and Recreation
Recovery Prograrr4 16 USC 2501, 92 Stat. 3538 (1978), and with the terms, promises, conditions,
plans, specifications, estimates, procedures, project proposals, maps, and assurances attached hereto
and hereby made a part hereof
The United States hereby promises, in consideration of the promises made by the Grantee herein, to
obligate to the grantee the amount of money referred to above, and to tender to the Grantee that portion
of the obligation which is required to pay the United States' share of the costs of the above Grant based
upon the above percentage of assistance. The Grantee hereby promises, in consideration of the promises
made by the United States herein, to execute the Grant described above in accordance with the terms of
this agreement.
The follow special grant terms and conditions were added to this agreement before it was signed by the
parties hereto:
In witness whereof; the parties hereto has executed this agreement as of the date entered below.
UNITED STATES OF AMERICA GRANTEE
BY: City of Bremerton
(Signature) (Government Name)
BY
(Title) (Signature)
National Park Service
(Date) (Cary Bozeman)
Mayor
Title
NPS 10-912 (March 1995) Page 2 of 2
URBAN pARK AND RECREATION RgCOV~RY '
" PROJECT AGREEMENT GENERAL~ PROVISIONS
ratt !:-~
A. The. term"l~Ps" as used. herein means the National Park Service, United.States Department of the Interior.
B. The term "UPARR" as used herein means the "Urban Park and Recreation Recovery" program.
C. The term "D/rector" as used herei~ means the Director. of the National Park Service, or any representative
lawfully delegated the authority to act for. the D/rector.
· D. The'term '~anUal" as used herein means the Urban Park and Recreation Recovery Program Adminhtration
.Gu/deline,. NPS-3?~.
E. The term "grant" as used herein..means the actOf prOviding a specific sum of money to execute and
- admin~ter a specific project or projects- consistent w/th the terms of a signed agreement; also the amount of
money requested or awarded.
F. The term ,grantee'? or "panic!pant' or "~ponsor" as used herein means the general purpose, local .government.
receiving a UP~,R'.grant for its given use, or for authorized pass.through to another aPPropriate public or
privat~ non-profit agency.
G. The/term '`pass,through,. as used herein means the transfer of rinds at the discretion of 'the applicant
jurisdiction, tO independent, general or Speci,al purpose local governments, private .non,profit ~gencies
(including incorporated COmmunity or neighborhood groups),, or 'conn. ty or r~gional .park authorities, who
offer recreation opportu~ties to the general Population within the jurisdictional .botmdafies of. an eligible
Hz The term "special purpose local government' as used herein means any ·local or other limited political
· subdivision of a State, inclUding, but not limited to park authorities, park, conservation, water or sanitary
districts, and school' districts.
I. The term "private ·non-profit agency" as used herein means a community-based, non-profit organization,
corporation, Or associatiOn organized for Purposes of providing recreational~ conservation and~or educational
services directly to urban residents~ either .on a neighborl/ood Or community-wide basis, through voluntary
'donations,. voluntary l~bor, or public or'Pri,~ate grants.
$. The term "project" as 'USed herein means a single site-specific.area or service-specific program'proposed or
approved for funding. ..
K. The term "Secretary' as used herein means the Secretary of the Interior, Or .any represet~tative lawfully
' delegated the authority to act 'for the Secretary.
Part II.-. Continuine Assurances
The parties to the Project agreement specifically recognize that grant ass/stance from the UPARR program creates
an obligation to maintain the .property prescribed in the project agreement consistent with the I.]PARR Act of 1978
(PUblic Law 95-625) iud the following requirements.
A. The grantee agrees, as recipient of this assistance, that it will meet the following specific requirements and
that it will further imp0se these requirements, and the terms of the gra~t agreement~ upon any subgrantee to
· which funds are transferred pursuant to. the grant .agreement. The grantee alsO agrees that it shall be
resp0usible for compliance with the terms of .the grant agreement by such a spec.iai purpose local
government or. pr/rate .non-profit.agency and .that failure by such goVenunent or private agency to so
comply shall be deemed a failure-by the grantee to comply wiihthe terms of this agreement.
B. The gr'Jntee a!~rees'that the p~opertY de4cribed hi.thc P~oj~t'n~nt n~ ~e :~d proj~t'~d~ ~p
such m~blli~tion or d~elopmen~ and~t ~6ut ~e approval of~,..~ s~ll not ~ c0nve~ed to
~ public ~ec~e~ou use but s~ll be ~inain~ ~ public ~cCeatiou ~ ~i~ or for ~e te~ o~ ~e
l~ ~ ~.~se of leased Prope~. ~e Directoz s~ll ~pmye such conve~ion only E it
· accord ~ ~e ~en e~stin~ Eecove~ Ac6on P~o~am and o~y upon ~ch ~ndifio~ ~med ne~
.to ~s~e ~e su~tion.of.o~e~ ~c~tion pr~es of ~ombly equiv~cnt ~ess ~dlocafiou.
'~ r~lace~nt land b~o~s Subject.to S~on i0~0 pmtecfi~ o~ ~e ~A~ Act. ~e- a~m~l of a
~vezsion' s~!l be at ~e sole dis~efion o~ ~e D~ector. or ~s desi~ee. P~o~ to ~c. co, effort, of ~s
projec~ ~e ~tee ~d ~e DEector.~y mu~lly ai~r ~e area'd~cfibed:~ ~e ~t .a~e~nt and
~ted project bo~ ~p to pro,de thc-~st ~t~faCto~ public ~e~eation
~ ~e eVent ~t ~S pro,des ~A~ a~is~ncc for ~e ~bili~fion or deve~p~nt of.pm~ subject
.to mvemio~ ~teres~ wi~ ~ll ~owledge of ~ose ~ve~io~ ~te~,~nversion. of ~id pm~ to
o~r ~ public.rcc~fion.mes. ~ a ~sult of'such r~iom~ i~t~est ~g ex~ ~.app~oved.
:~cc~t of ~s a~roval, ~. ~tee a~ees to notify ~S 0f ~c conv~ion ~ ~n as.PO~le and to seek
' ~ppr0~l .of r~cement p~pe~ .~ accOrd ~ ~e conditio~ se~ fo~ ~ ~e prov~io
.:~ a~ecs to effec~te ~ch.~lace~n~ ~ :e rea~ble period of~, a~mble ~ .~e D~ector,
after '~e eonve~i6u of prop~ ~kes pla~. ~. pro~si0m, of ~s p~ph:.~, also ap~icable to.all
. l~scd prope~es rehabilimt~ or developed ~ffi ~ assurance.
'C. . .~c..~tec a~ees-~t ~e bcnefit'~ be d~ved by ~e U~ted S~t~ ~om ~e ~ll co,Ii,ce by
~ee ~ ~e tc~-of ~s a~nt is ~e .p~se~o~ pro~cfio~ a~ ~e net ~e ~ ~ q~liW
of public recrea~0n facili~es ~d resoles :which a~ availab[e to ~e ~ople of ~e ~tee's j~c~on
· ~d of'.~e .U~ied .S~tes, ~d such ~ue~t exeee~ to ~ i~eas~ble ~ ~sc~i~bie extenl
' .~uUt of money .~shed by ~e U~ted S~tes by ~y of ~sis~ce ~der-~e ~e~ 6f ~s a~nt.
· ~e g~t~ .{~ees ~t.~e pa~ent by ~ ~tee ~ ~e. U~t~ States ~of ~' amounl~eq~l to.-~e ~t
. of as~mnce extended ~d6r ~iS a~eemeut, by ~e United'S~tes would be ~d~ua~ ~ma~o~
- uni~ s~tes for ~y br~ach by ~e ~niee of ~s a~ce~nc ~e-~tee ~er s~es, ~efo~, ~at
· ~e appropriate ~y'in ~e event of-a breach by ~e-'g~tee°f ~is agreement s~ll be'~e s~cific
P~ff~ce offs a~ment. '
D. ' ~e ~ntee a~ces ~at ~e pr°pc~ and facili~es desc~bed ~ ~ project a~ce~nt shall be opem~d and
maintained as pr~cribed ~ 36 GF~
E. ~e ~autce a~ees ~ a .penn, ut record sMll be k~t ~ i~ public.prope~ relor~ and .available for
public ~pec6ou to '~e effect ~t ~e. prope~ d~cn%ed '~ ~e scope o~ ~e project a~e~n~ ~d
~ted proj~t bo~ mp ~de pa~ of~ a~emen~ ~ ~en re~b~i~d or'develo~d
~m~e and ~t it.ca~ot be convened'to o~er ~n.public.rec~fion ~e ~out ~e ~en a~mval of
~e D~cior.
I. By sig~g ~e ~ A~eemcnt, ~e ~antee cc~es :~t it ~ll co~ly ~ all Federal laws
rvlat~ to nondisc~m~on as outlined ~ ~e Civil ~h~ Ass~nce appe~g at Pa~ ~-I here~.
2. ~e ~ntee shall not d~cg~nate agi~s~ any person on' ~e b~is of resid~ce, ~c~t to ~e extent
~t.reasonable differenee ~ ad~ssion of o~cr fees ~y be ~in~incd on ~e basis, of ~sidenceas set
Part -III =.Project A~luranc~s
A-:10l ~n~om ~dmin~trative Requiremen~ for Oran~ and Coope~aff~ ~em~, to Stye and ~cal
Govemmen~), 4~ CFK P~ 12 (~dmin~ve and ~udft ~equirem~n~ and ~st P~n~pl~ for ~$~tance
Pro~a~, Depa~ of the lnterloO, ~d O~ ~ A~7 (~st-P~ncipl~ for State and ~'cal
... Governments), .and A-133 (Audits of States, Local Governments, and Non-profit Organizations) aS 'they
relat~ to th~ at~plicatlon, acceptance aM use 0fFederal'funds for this Federally asai~ted pt0ject,
1.. The application .for Federal Assistance bearing the same project number as 'the agreement, and
associated docnmen, ts,.is by this .reference madea part of. theagreement.
2. The .grantee possesses legal-authority to apply for the grant, and to fmanc6 and carry out all the
actions described in this. grant agreement. A resolution, motion or similar action has been.duly
adopted or passed authorizing the filing of the application, including all understandings .and
- assurances contained 'herein, and directing and authorizing the person identified as the official
· .representative of the grantee to .act in connection With the application and to Provide sUch
· ndditionat information as may bexequired.
3. .The grantee ..ha. s .the ability and intention-to finance to non,Federal-share 'of the costs .for the
.project. Sufficient :funds will be available to assure effeCtive Operation and. maintenance of the '
facilities rehabilitated or developed and/or set'vices provided through.assiStance of this grant.
C. · ..,Pro|eet Exeeu.tjon
' ' 1'. The-grant' peri~Jd'shalt begin with the date iof approval?of lhe project agreement .or the effective
date .of a waiver of :retroactivity, and-shall .terl~_in_nte at the .end ~of the stated .'or amended grant
....... period unless' the project is'completed or-terminated sooner ha which event-the grant shall end on
::.~.~ ;:~.~.~ .the date of completion or.termination.
The grantee shall -transfer such funds as 'identified in the appliealion..for any .pass,through project
sponsor tothat' sponsor.
· 5.. The grantee will caUSe work on the projee.t to be commenced within-a reasonable'time aRer receipt
of notification that the grant has been approved, and funds obligated, or the grant' may be
terminated by HPS; The grantee will assure that the project or.projects covered .by this grant will
...... be prosecuted 'to completion with reasonable diligence.
4. The grantee will require the facility to be designed.to comply with the Architectural Barriers Act
of 1968 (Public Law 90;480) and DOI Section 504.Regulations. (43 CFR Part 17).
5. 'The-grantee shall secure completion of the work in accordance with approved, conslruction Plans
and specifications, and'shall 'secure compliance with all· applicable .-Federal, Staie~. and local laws
and regulations.
6. In'the event the project covered b~t tho grant agreement cannot be completed in'accordance with
.the. Plans and spe.cifications for the project; the ~tntee, at the discretion.of the Director, shall
bring .the project to a point of recreational, usefalness' agreed upon bY the grantee and the Director
or his designee.
7. The grantee will provide for a/id maintain competent and adequate architectural/engineering
supervision and inspection at the 'construction site to-insure that the completed work conforms
with the approved plans and specifications; and will furnish progress reports and such other
information as N'PS may require.
8. Where applicable, the grantee will comply with the terms of Title Il and Title III, .the Uniform
RelOcation Assistance and Real Property Acquisition Policies Act of 1970 (Public' Law 91-646),
94 Stat. 1984 (I970), and shall assure that the' Act has been complied with for property to be
developed and with assistance under the project, agreement..
9. The grantee will comply with the provisions of: Executive Order 11988, related to evaluation'of
· flood haz~ds; Executive Order 11288, relating to-the prevention, control, and'abatement of water
pollution, and. Executive Order 11990 relating .to lhe ~noteetion of wetlands.
~d D~ter PrO~cfion Act of 1973, public ~w 93-234, (87 S~t. 975, ~a~rOved Dec~er 31,.
-' 1976. Section .l~(a) ~qu~s on or a~r Ma~h 2, I975, ~e p~e-'of fl~ .~nce
. c0~fics wh~ .such ~ncc is available' as a condition-for .~e ~iPt of. any Federal'
Federal Emergency Ma~ge~nt AgenCy. ~e p~e "Fede~l fi~cial 'ass~ce" includes any
.. fo,'of lo~, ~an~ ~nW, ~m~c pa~n~, rebate, subsidy, d~aster. ~sis~e loan or
or ~y o~~' fo~Of.~t or ~dke~t ,F~e~l-a~nce. '
-ug~d ~ ~e' a~~nt of .~e ~0ject' ~e ~t..~d on ~e En~n~l Pmtec~on
Agency's ~PA) ~t of ~o~g fa~fli~, .p~u~t ~ 40 ~R Pan 1'5.~, ;~d.~t it ~tl nogfy
· e ~S of ~e rec~pt of any co~ca~o~ ~om &e Dke. ctor.of ~e EPA.Office of Fede~
Ac~ ~di~g. ~ta faciliW to be U~d ~ p~oject ~ ~der eb~ide~on-for Ih~g by
; ~c EPA. ~e'~e ages .to ~ly ~ aH appli~ble-s~n~, ord~,.or ~o~ ~sucd
.. p~nt.tO ~e Clan-~ Act of. 1970. ~e ~tee ~er a~es to ~ ~S clause ~to ~Y
· con~act or subc~ct ~ excess of $1~,~.
12. ~e .~antee will asset .~c ~S in i~ co~li~ce ~ Section IO6 of .&e Na~o~l HistOric
.. :~se~ou .Act of 19~ as ~nded (I6 U~S,C. ~7~; Ei~cu'five ~d~i' 11593, ~d. &e
.. . ~heo!O~icat a~ H~to~c.P~se~a~on A~ ofl9~ (16 U;S.C. 469a-1 'et ~.) by (a)~co~ul~g
-~ ~-S~te..H~togc P~a~on Officer .°n .fflc ~flduct of .~vesfiga~, as n~es~, .to
iden~ ~ope~cs l~d ~ or eligible for ~cl~ion ~ ~c Na~o~l=.Register of ~tofic .Places ~t
~e subject t° effec~ (36 CFR P~ 800,8) by&e acti~, and nogfying ~e F~e~l ~antOr agency
.. of'~e e~stcncc ofany such propeffiCS, ~d. by ~) Co~l~ng ~ al! requke~ esmbt~hed.by
· e Fede~l ~tor agency to avoid .or ~gate adve~e effec~ u~n mch'~opeffies.
D. ,.Construction Contracted.for by the ,Grant~e Shall Meet the Followin~ R~qui~meni~
1. . Con~c~ for coercion s~ll co~lY ~ ~e .provisio~ of 43 C~ P~ 12, Subpan C
(Un~o~m ~dmin~trative ~equire~en~ fo? ~ran~ and :~operative ~greemenu with ~tate and
~cal Government).
2. No ~t or con'ct .~y be award~ by any ~ntee, sUb,tee or. con~ctor of ~y ~ntee or
sub~ntee' to any pa~ wMch has be~ deba~ed or s~nded ~dcr Executive.Order 12~'9. By
' s~ion prov~i~ app~g at P~ fllJ h~ck ....
3. ~-acc0rdance ~th ~e "Steve~ Amendmenf' (to Sec~on 623 of &c T~as~, Postal S~ice, ~d
,.~ Gcn~ Govc~nt Approp~fl~ Act), for pr~nt of. goods .~d se~ices (~1~
co~on se~ces)~v~g ~.ag~egate value of $500,~.or ~re, ~e :~ and ~cen~gc
. .(of to~l cos~) of Fedc~l. ~ m~t be ~ecified ~ any a~o~cement of ~e aw~d~g of a
con~act.
E... Retention.a~Custqdi~! ~ouiremen~ for. Records
1[ F~ncial.~cords, suppo~g do~men~, s~6s6cal ~cor~, ~d all o~er .~cor~ pe~cnt to
gmqt shall be rctaincdin accor~ncc ~ 43 ~R Pm 12 for a ~od of~e ye~s; exc~t
recor~ s~ll be retained beyond the ~ce-year period if audit find~gs have not been resolved.
2. ~e ~tention ~od s~ t°m ~e :~te of ~ fi~l ex~ndi~e ~ for ~e project or
co~olidate~ project element
3. Local gove~en~ ~e auto.ed to substitute ~crofilm copies ~ lieu ofofi~l ~cords.
~ S~ o~&e ~c~or ~d ~e ~licr ~neml of &c U~ted S~s, or ~y of &ek d~y
au&o~d reprcs~m~vcs, .s~H ~ve,access..m ~y ~o~, d~n~, paPer, .~d ~r~ of
grantee and its subgrantees whi.'ch are pertinent to a. specific ·project: for th~ .purpoSe of making
· audit, 'examination, 'excerpts and transcripts.
1. Thc Director may temporarily suspend FedePal assistance under the project pending corrective
action by.the-grantee or pending a decision to terrainate .thegrant by NPS.
· . 2. The grantee ,amy unilateratlY tet~nate the grant at any*time-prior to the first payment. 'After the
initial paynient, the project'may be terminated, modified, or amended by thc grantee and hiPS by
mutual agreement.
3. Thc Dire,trot' may terminate-the project in wholel or in part, at any time before the date of
completion, whenever it is determined that the gntntee has'failed to comply.with the conditions of
the gnmt. The Dircctorwill promptly notify the-~rant~e, in.writing, of the.dcte[mination and thc
reasons .for the. tOlTru.'~i~rtiOn, together .with the effective date. Paynaents made to .grantees or
recoveries.by NPS, under grants terminated t'or cause shall be in accord with .the lo§a! rishts and
liabilities of the-parties.
4. The Director or grantee may .terminate grants in whole or in part at anytime'before ~the .date of
.completion, ',~en both parties agree that the'c0tltinuation .of the pr0ject,~wou!d not produce
bencfici, aI results commensurate with' further, expetaditurc of funds. ~I*he two parties shall .agree
- uponthetermination conditions, including the effective date and, in the,case '0f partiaiterntlnation,
-. ~, thc portion to bc .terndnated~ The ~,rantee shall :not incur new oblisations for-the, terminated
~,.~,~ portion after'thc effective date, and shall cancel as many Outstanding obligations as possible. '-NPS
~: ~-:~ .may allow full credit to the grantee for thc Federal share of .the-noncancclable obligations,
~.:~ properly incurred by the .grantee prior't5 termination.
$. Termination. eithe~ for cause or for convenience requires that the pro~ect in question'be brOught to
a state of recreational usefulness agreed upon by the grantee and. the Director or that-all funds
provided by the National Park Service be returned.
'G : .: .Lobb¥1nl~,With A~o. roPriated' .Funds
The grantee must certify, .for the award of grants exceeding $100,000 in Federal assistance, that no Federally
appropriated funds ~have been paid or will .be paid, by.or onbehalf of the grantee, to any Person for influencing Or
.attempting to influence an officer, or emp.. loyee of any agency, a Member .of Congress, an officer or-employee of
Congress, or au employee of a Member of Congress in connection with the awarding, extension, continuation,
renewal, amendment,-or 'modification of-this gCant.. In :compliance with Section 1]$2, title 31, U,S..~Code, the
grantee Certifies, as follows:
The Undersigned certifles, to the best of his or her Ioiowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid,~ by or on behalf of the undersigned, to any
person for influencing or attempting to influence and officer or employee o~' an agency, a Member of
Congress, .and. officer or employee.of Congress, or an employee of a Member of Congress in connection
with the awarding of any Federal cont,:act, the-making'of anY Federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, -amendment, or modification'of any.
Federal contract, grant, loan, or cooperative agreement..
(2) If any' fund~ other than Federal appropriated funds have been paid or will be paid to any person, for
· influencing or attempting to influence an officer or employee of any agency, a Member -of Congress, or an
employee of a Member of Congress 'in connection with this Federal. contract, grant, loan, or cooperative
-agreement, the undersigned shall complete and submit Standard Fortn,LLL, "Disclosure Form to Report
Lobbying, "in accordance ~th its instructions.
(3) The undersigned shall.require that the language of this certification be included in the award documents
for all subawards at all t~'ers (including subcontracts, subgra~ts, and contracts under grantS, loans, and
cooperative agreemenis) and that all subrecipient$ shall certify accordingly.
11/99 5
'.This cer~tification, is a matet~ial.representatlon of fact upon Which .relianCe waS-placed when.this transaction :was
made or entered into. Submission of th~ c~ertiflcation is a prerequisite for making or entering into this transaction
imposed by Section 1352, Title 31, U.S. Code. dny person who fails to file the required Ceniftcation shali be subject
to a civil penalty of not less than $10,000 and not more than $1. O0,O00 for each failure..
H. P;'ovi~ion.,,of a Dru~.='F,£ee)Voi~kplaee
In.comPliance with the Drug-Free WorkPlace Act of 1988 (43 CFR Part 12, Subp.art 'D), the grantee certifies, as
follows:
The grantee certtfies that it will or continue.to provide a drug~free workplace by:
(a), PUbtl~iang 'a statement. 'notiCing employees that the. Unlaw~j'ul manufaoture; distribution, dispensing,
POSSession; or use of a controtled-$ubstance is prohibited in the grantee's woricplace.and sptci, fying the
· ' actions that. wt~llbetaken against employees Orvtolatioa Of suCh prohibigon.:
~b) ' Establishing an ongoing drug-free awa?ene~spr°gram to inform employeeS about-,
(i) The.dangers of d~g abase in the workplace;
· (2) -The grant~e'spoliCy ofmatntainingadrug-free workplace;
· (3) ~4ny available drug counseling rehtibilitation, and:employee assistance programs; and
' (~) .The penalties.that.may b~ imposed upon employees for drug abu~g.viOlation~ occurring in the
... workplace;
'(c) .Making it a reqhirement ;that each employee tO be engaged in the performance of the grant be given a copy
Of the statement ~required by paragraph ~(a);.
(d) Notifying the employee in the.statement 'required-by paragraph (a) that, as a condition of employment.
ander the grant the. employee will -.
(1) ~bide by the terms.of the statement; .and
(2) Notify the employer in writing of h. is or her conviction fora violation of a crimina! drug statute
occurring in the workplace no later than five Calendar days after such· conviction;
(e) NotifYing the agency in writing, within ten calendar days after receiVing notice ·under subparagraph (d)(2)
from an employee or otherwise receiving actual .notice of such.'con~iction. Employers of convicted .
· employees much provide notice, inclu&'ngposition.title, to 'every grant officer on-whose, grant activity the
convicted employee was WOrking, unlesg:the.Federal agency has designated a central, point for the receipt
of such notices. Notice shall include the identification number(s) of each affected grant;
'Taking .one of the fotlowing actions, ~vithin 30 calendar days of receiving notice under subparagraph
(d)(2), with respect to any employee who is so convicted-
.' (1) Taking appropriate:personnel dction against such an emploYee, up to and including termination,
' consistent with the requirements of the Rehabilitation ~4ct of!975, as:amended; or
'0) ' Requiring ~uch employee to partlbtpate satisfat;tority in a drug abuse assistance or rehabilitation
program approved.for such purposes by a 'Federal, State,..or local health, law enforcement, or
other appropriate agency;
(g) Making a g~od faith effort to continue to maintain a drug-free workplace through implementation of
~ paragraphs (a), (b), (c), (d)~. (e) and 09.
The grantee much .include with .its application for assistance a specification of the ~it~a) for the performance of
· work to be done in connection with the grant.
11/99 6
Th q grantee certifies' that, as a condition to receiving any Federal assiStance from the.Department~Of the Interior, it
· will comply with all Federaltaws relating to nondiScrimination. These laws include, but are not'limited to; (a) Title
}ri of'the Civil.Rights Act ofi964 (42 U.$.C. 200d-l), which prohibits discrimination on the basis ofrace, color, or
.national Origin;-(b) SectiOn 504 cf..the rehabil~tat~°n Act 'of .t'973~ as .ambled (29 '[J.$.C .794), .whiCh prohibits.
discrimination, on the basiS of handicap; (c) the Age Discrimination Act of 1975,'as amended (42 LLS. C.. '61.01 et.
seq.), which prohibits discrimination on the basis of age; and applicable, regulatorY requirements to the end that no
person in the .fJnited State, ,~hall,. on the grounds :of race, color.,-national origin, handicatp Or age, be excluded from
participation in, be denied the benefits of, or be otherwise subjected to discrimination u. nder'any program or activity
conducted by the applicant. THE APP£ICANT HEREBY GIIrE8 ASSURAI~/CE 'TfiAT,it wlll.immediat,ly m~ any
measures, n'e. ce~arY to effectuate this agreement.
i'H15 Jl$$[liL43[CE:shall.app!y to 'ail aspects of. the applieant'~ .°Peratio~s including those part~ .that have not
received or benefited fPom Federal financial assl~tance.
If any mat property Or structure .thereon is PrOvided or improved with the aid of Federal financial assistance
extended to the/lpplicant by the Department, thiS assurance shall obligate the ,4pplicant, 'or in the case of any
transfer of such ,property, any transferee, for the period during wh'ich it retains ownership or Possession of the
prbperty. In all other cases, thiS-assurance shall obligate the Applicant for the period during which the Federal
financial assiStance is extended to it by the Deparonent.
THIS ~$$LItOINCE is given .in-consideration of and for the purpose of Obtaining any and all Federal grants, loans,
· Contracts, property, discounts or other Federal financial assistance extended after the date hereof to the :4pplicant
by the Department, .including installment payments after such date on accou}tt Of applications for Federal financial
...~t, assistance which were approved before such date.
-The Applicant recognizes and agrees that such Federai financial assistance will be 'extended in reliance on the
· -representations and agreements-made in this assurance, and that the United States shall have theright ,to seek
.judicial enforcement of this assurance. This assurance iS binding on the/lpplicant, its successors, transferees, and
subrecipients and the person whose signature appears on the 'grant agreement and who is authorized to sign on
· ,. behalfofthe ,~pplicant.
.;,J- . Debarment.aod Su. spension
Certiflc. ation Regarding Debarment, Suspension and'Other RespOnsibility Matters ~
Primary Covered Transactions
(1) The prospective primary participant certifies to the best of its knowledge and belief., that it and its.
principals:
: (a) Are not presently debarred, suspended, prop°seal for debarment,' declared ineligible, or voluntarily
excluded from covered transactiotL~ by 'any Federal department or agency;
(b) Have not within a thfee-yeor period preceding thiS'proposal been convicted of or had a civil judgment
rendered against them for commission of fraud or a criminal offence'in connection with 'obtaining,
attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a
public transaction; violation of Federal or State antitrust statutes or commission or' embezzlement,
theft, forgerY, bribery, falsification 6r destruction of records, making false statement, or receiving
stolen property;
(c) ~4re not presently indicted for or otherwise criminally or civilly charged by a governmental entity
(Federal., .State, or local) with commission of any of the offenses in paragraph (l)(b) of this
certification; and
(d) Have not within a three-year period preceding this application/proposal had one or more public
transactions (Federal, State or local} terminated for cause or default.
(2) Where the prospective primarY participant iS unable to certify to any of the statements in the certification,
such prospective participant shall attach an explanation to this proposal.
The ~GranTM fUrther agree~ 'that it will include 'the clause. "Cert~Cation Regarding. Debarment,: .Suspension,
in.e.!iglbility and Foluntary Exclusion - Lower Tier. Covered TransactionS" appearing below in any agreement.
entered into with lower.tier p. arttcipants in the implementation ofth~ grant. Department of tke ~nterior Form
· 201'0) may be Usedfor this PUrpos~ ...
Cnei, tlficatlon Regarding Debarment, SuSPension, Ineligibility and'gioluntary Exclusion ·
Lower Tler. Transactions '
(t) The prospective lower tier par~'cipant certty'tes, by'submission of this application that neither .it nor 'its
princtpt~Ir.is .presently debarred~ suspended,..proposed for debarment, declared ineligible, or. voluntarily
excluded from participation in thiS!transaction by any Federal:department.or agency. ~
(2) Where the prospective lower tier participant is unable to certify to any-of, the statements in this '
Certification, such prospective participant shall attach' an. ~vlanation to th~.apPlication:
11/99 8
APPLICATION FOR O~B ~o~,
FEDERAL ASSISTANCE 2. DATE SUBMITTED: Applicant Identifier
1. TYPE OF SUBMISSION: 3. DATE RECEIVED BY State Application Identhqer
Application Application h,
[] Construction [] Construction 4. DATE RECEIVED BY Federal Identifier
[] Non-Construction [] Non-construction
5, APPLICATION INFORMATION
Legal Name: Organization Unit:
City of Bremerton Parks & Recreation Department
Address: Name and Telephone number of person to be contacted involved in
680 Lebo Blvd. ihis allocation (give area code): JeffElevado, Aquatics/Athletics Mgr
Bremenon, WA 98310 360/478-5305 or 360/415-5428
FAX: 360/478-5882 email: jelevado~ci.bremerton.wa.us
6. EMPLOYER IDENTIFICATION NUMBER (EIN) 7. TYPE OF APPLICANT: (enter appropriate number/n box)
91 -- 6001231
8. TYPE OF APPLICATION A. State H. Independent School District
[] New [] Continuation [] Revision B. County I. State Controlled Institution of Higher Learning
C. Municipal J. Private University
If Revision, enter appropriate letter(s) in box(es) D. Township K. Indian Tribe
I'~ ~ E. Interstate L. Individual
A. Increase Award B. Decrease Award F. Intermunicipal M. Prof'~ Organization
C. Increase Duration D. Decrease Duration G. Special District N. Other (specify)
Other (specify) 9, NAME OF FEDERAL AGENCY
National Park Service
Seattle Support Office
10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE # 11. DESCRIPTIVE TITLE OF APPLICANT'S PROJECT:
I 5 --- 9 I 9 Glenn Jarstad Aquatic Center rehabilitation with major repairs and
TITLE: Urban Parks and Recreation Recove~T Program upgrades to thc HVAC s~tcms.
12. AREAS AFFECTED BY PROJECT
City of Bremerton, Washington
13. PROPOSED PROJECT 14. CONGRESSIONAL DISTRICTS OF:
s..o., a. Applicent: lb. Prc ect
. 6th Con~'essional District 6th Consressional District
15. ESTIMATED FUNDING 16. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE
ORDER 12372 PROCESS?
a. Federal $182,280 .oo a. YES THIS PREAPPLICATION WAS MADE AVAILABLE TO THE
b. APPlicant $78,120 .oo STATE EXECUTIVE ORDER 12372 PROCESS FOR REVIEW ON
c. State $ .00 DATE:
.d. Local $ .00 b. NO [] PROGRAM IS NOT COVERED BY E.O. 12372
e. Other $ .00 [] OR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR REVIEW
if. Program Income $ .00 "17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT?
rg.TOTAL $260,400 .oo [] Yes If "Yes" attach explanation [] No
r18. TO 'F'HE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPMCATION/PREAPPLICATION ARE TRUE AND
CORRECT, THE DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE
APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED.
a. J c. Telephone Number
Type Name of Authorized Representative b. Trtle
A Car), BozemanJ Ma,'or 360/478-5266
d. Signatu ~.,,4.~zed RepresentatiVe ' e. Date s~gned
Previous Edition Usable Standard Form 424 (Rev. 7-97)
Authorized for Local Reproduction Prescribed by OMB Circular A-102
OMB Approval No. 0348-0042
ASSURANCES - CONSTRUCTION PROGRAMS
Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing
instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of
information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for
reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0042), Washington, DC 20503.
PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET.
SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY.
NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the
Awarding Agency. Further, certain Federal assistance awarding agencies may require applicants to certify to additional
assurances. If such is the case, you will be notified.
As the duly authorized representative of the applicant, I certify that the applicant:
1. Has the legal authority to apply for Federal assistance, 8. Will comply with the Intergovernmental Personnel ACt
and the institutional, managerial and financial capability of 1970 (42 U.S.C. §§4728-4763) relating to prescribed
(including funds sufficient to pay the non-Federal share standards for merit systems for programs funded
of project costs) to ensure proper planning, under one of the 19 statutes or regulations specified in
management and completion of the project described in Appendix A of OPM's Standards for a Merit System of
this application. Personnel Administration (5 C.F.R. 900, Subpart F).
2. Will give the awarding agency, the Comptroller General 9. Will comply with the Lead-Based Paint Poisoning
of the United States and, if appropriate, the State, Prevention Act (42 U.S.C. §~4801 et seq.) which
through any authorized representative, access to and prohibits the use of lead-based paint in consb'uction or
the right to examine all records, books, papers, or rehabilitation of residence structures.
documents related to the assistance; and will establish
a proper accounting system in accordance with 10. Will comply with all Federal statutes relating to non-
generally accepted accounting standards or agency discrimination. These include but are not limited to: (a)
directives. Title VI of the Civil Rights Act of 1964 (P.L. 88-352)
which prohibits discrimination on the basis of race,
3. Will not dispose of, modify the use of, or change the color or national origin; (b) Title IX of the Education
terms of the real property title, or other interest in the Amendments of 1972, as amended (20 U.S.C. §§1681-
site and facilities without permission and instructions 1683, and 1685-1686), which prohibits discrimination
from the awarding agency. Will record the Federal on the basis of sex; (c) Section 504 of the
interest in the title of real property in accordance with Rehabilitation Act of 1973, as amended (29 U.S.C.
awarding agency directives and will include a covenant §794), which prohibits discrimination on the basis of
in the title of real property aquired in whole or in part handicaps; (d) the Age Discrimination Act of 1975, as
with Federal assistance funds to assure non- amended (42 U.S.C. §§6101-6107), which prohibits
discrimination during the useful life of the project, discrimination on the basis of age; (e) the Drug Abuse
Office and Treatment Act of 1972 (P.L. 92-255), as
4. Will comply with the requirements of the assistance amended, relating to nondiscrimination on the basis of
awarding agency with regard to the drafting, review and drug abuse; (f) the Comprehensive Alcohol Abuse and
approval of construction plans and specifications. Alcoholism Prevention, Treatment and Rehabilitation
Act of 1970 (P.L. 91-616), as amended, relating to
5. Will provide and maintain competent and adequate nondiscrimination on the basis of alcohol abuse or
engineering supervision at the construction site to alcoholism; (g) §~523 and 527 of the Public Health
ensure that the complete work conforms with the ServiceAct of 1912 (42 U.S.C. §§290 dd-3 and 290 ee-
approved plans and specifications and will furnish 3), as amended, relating to confidentiality of alcohol
progress reports and such other information as may be and drug abuse patient records; (h) Title VIII of the
required by the assistance awarding agency or State. Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as
amended, relating to nondiscrimination in the sale,
6. Will initiate and complete the work within the applicable rental or financing of housing; (i) any other
time frame after receipt of approval of the awarding nondiscrimination provisions in the specific statute(s)
agency, under which application for Federal assistance is being
made; and, (j) the requirements of any other
7. Will establish safeguards to prohibit employees from nondiscrimination statute(s) which may apply to the
using their positions for a purpose that constitutes or application.
presents the appearance of personal or organizational
conflict of interest, or persona~ gain.
Standard Form 424D (Rev. 7-97)
Previous Edition Usable Authorized for Local Reproduction Prescribed by OMB Circular A-102
11. Will comply, or has already complied, with the National Environmental Policy Act of 1969 (P.L. 91-
requirements of Titles II and III of the Uniform Relocation 190) and Executive Order (EO) 11514; (b) notification
Assistance and Real Property Acquisition Policies Act of of violating facilities pursuant to EO 11738; (c)
1970 (P.L. 91-646) which provide for fair and equitable protection of wetlands pursuant to EO 11990; (d)
treatment of persons displaced or whose property is evaluation of flood hazards in floodplains in accordance
acquired as a result of Federal and federally-assisted with EO 11988; (e) assurance of project consistency
programs. These requirements apply to all interests in real with the approved State management program
property acquired for project purposes regardless of developed under the Coastal Zone Management Act of
Federal participation in purchases. 1972 (16 U.S.C. ~1451 et seq.); (f) conformity of
Federal actior~ to State (Clean Air) Implementation
12. Wilt comply with the provisions of the Hatch Act (5 U.$.C. Plans under Section 176(c) of the Clean Air Act of
§§1501-1508 and 7324-7328) which limit the political 1955, as amended (42 U.S.C. §§7401 et seq.); (g)
activities of employees whose principal employment protection of underground sources of drinking water
activities are funded in whole or in partwith Federal funds, under the Safe Ddnking Water Act of 1974, as
amended (P.L. 93-523); and, (h) protection of
13. Will comply, as applicable, with the provisions of the Davis- endangered species under the Endangered Species ACt
Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act of 1973, as amended (P.L. 93-205).
(40 U.S.C. §276c and 18 U.S.C. ~874), and the Contract
Work Hours and Safety Standards Act (40 U.S.C. §§327- 16. Will comply with the Wild and Scenic Rivers Act of
333) regarding labor standards for federally-assisted 1968 (16 U.S.C. §§1271 et seq.) related to protecting
construction subagreements, components or potential components of the national
wild and scenic dvers system.
14. Will comply with flood insurance purchase requirements of
Section 102(a) of the Flood Disaster Protection Act of 1973 17. Will assist the awarding agency in assudng compliance
(P.L. 93-234) which requires recipients in a special flood with Section 106 of the National Histodc Preservation
hazard area to participate in the program and to purchase Act of 1966, as amended (16 U.S.C. §470), EO 11593
flood insurance if the total cost of insurable construction (identification and protection of historic properties), and
and acquisition is $10,000 or more. the Archaeological and Historic Preservation Act of
1974 (16 U.S.C. r~Tj469a-1 et seq.).
15. Will comply with environmental standards which may be
prescribed pursuant to the following: (a) institution of 18. Will cause to be performed the required financial and
environmental quality control measures under the compliance audits in accordance with the Single Audit
Act Amendments of 1996 and OMB Circular No. A-133,
"Audits of States, Local Governments, and Non-Profit
Organizations."
19. Will comply with all applicable requirements of all other
Federal laws, executive orders, regulations, and policies
goveming this program.
SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE
Mayor
APPLICANT ORGANIZATION DATE SUBMITTED
City of Bremerton
SF-424D {Rev. 7-97) Back
PROJECT AGREEMENT INFORMATION SHEET
No. 1 of 1
UPARR PROJECT NO. 53-CTY-0180-0201
SITE NAME: Glenn Jarstad Aquatic Center
LOCATION: 50 Magnuson Blvd., Bremerton, WA 98310
DATE: July 17, 2002
BOUNI)RIES AND STREET LOCATION
The Glenn Jarstad Aquatic Cemer is located in Eastpark at 50 Magnuson Way, in
Bremerton, Washington. This facility is located on the east side of Bremerton and can be
reached from the Bremerton Ferry by proceeding north Washington Avenue to the Manette
Bridge; turn right (east) on the Manette Bridge; at the end of the bridge, turn left (north) onto Old
Wheaton Way. Proceed on Old Wheaton Way to Magnuson Way (approximately ½ mile); turn
right on Magnuson Way, which is the street on the left; proceed up the street for about V: block
to the Glenn Jarstad Aquatic Cemer.
TYPE OF LAND CONTROL: Quitclaim Deed with National Park Service
Date Acquired: April 15, 1971
SCOPE OF WORK TO BE ACCOMPLISHED THROUGH THIS GRANT AT THIS
LOCATION. (Describe in detail; provide work elements and estimated costs).
Demolition $ 5,550
Installation of Heat Recovery Units 142,900
Electrical Power Wiring 16,225
DDC System Upgrade 48,190
Duct Cleanin$ 10,400
Sub Total $ 223,265
Tax (8.5%) $ 18,978
En[gineerin~ & permits $ 18,157
TOTAL $ 260,400
ESTIMATED AMOUNT OF UPARR ASSISTANCE AT THIS SITE: $182,280.00 (70%)
FNP 10-913
Revised 5/82
SECTION 1010 BOUNDARY MAP
City of Bremerton Parks & Recreation Department
Glenn Jarstad Aquatic Center Rehabilitation
UPARR PROJECT NO. 53-CTY-0180-0201
June, 2002
Glenn Jarstad Aquatic Center
50 Magnuson Way
Project area is delineated
within the yellow boundary.
City of Bremerton
Parks & Recreation Dept.
c.~im Spence.~, Director
North ?
1" =232'
ENVIRONMENTAL ASSESSMENTS
UPARR PROJECT NO. 53-CTY-0180-0201
An Environmental Assessment (EA) should be prepared in sufficient detail to resolve
the test of"major and significant" and provide a basis for deciding whether to prepare an
Environmental Impact Statement on the project. Such assessments need be no more than
two or three pages in length, except when complex projects are involved.
If, based on the submitted EA, the NPS decides that no EIS is required, the EA
supporting that decision and a Finding of No Significant Impact (FONSI) will be made
part of this agency's project record.
Format and Content
Pertinent information of sufficient scope and depth must be provided in an EA to allow
NPS to accurately ascertain the impact of the project and to determine whether an EIS is
needed. Whenever possible, an environmental impact should be quantified. In all cases,
the level of activities involved should be given-number of trees to be removed, cubic
yards of debris to be removed, cubic yards of fill to be required, etc. For projects with
property rights outstanding, the environmental information must also explain how the
outstanding rights are to be dealt with. An EA will cover the following four points, at a
minimum:
1. The Proposed Action. Include a (a) description of the proposed action, (b) a
statement regarding the need for it, (c) a description of what the action is designed
to accomplish, (d) location of the project, (e) the level of impact causing
activities associated with the project, (f) when the action is to take place, and if
applicable, (g) its relation to other Federal, State, or local projects and proposals.
Cite other Federal actions (i.e. 404 Permit, etc.)
a. Proposed Action
Removal of existing heating, ventilation, and dehumidification system from the indoor
aquatic center and replacing it with a new system to include: Heating and Ventilation,
Dehumidification, Operating Controls, and Energy Management.
b. Statement Regarding Need
The heating and ventilation system at the Glenn Jarstad Aquatic Center is failing to
provide adequate air quality and humidity control for the facility. In 1989, mechanical
dehumidifiers were added to the existing air handling system as part of a retrofit to help
control humidity, improve air quality, and reduce energy consumption. Over the past
several years, these components have begun to fail as they exceed their service life. The
poor air quality and high humidity have accelerated corrosion and equipment failure.
Patron complaints are also increasing as the system continues to deteriorate.
Background and Existing Conditions
The Aquatic Center opened in June 1979, to serve the year-round aquatic needs and
desires of the citizens of Bremerton. The facility is located in East Park on the eastside of
Page 1 of 4
ENVIRONMENTAL ASSESSMENTS
UPARR PROJECT NO. 53-CTY-0180-0201
Bremerton, in a neighborhood comprised of 63% low-income families. It is the only
public aquatic facility serving Bremerton. Its closure would mean the complete
elimination of an entire recreational element, and would directly impact over 84,000
patron uses annually.
The typical life expectancy ora pool's major infi'astructure elements is twenty years. The
Glenn Jarstad Aquatic Center is in its 23rd year of operation. The environment within an
indoor swimming pool is very demanding on equipment and structures even when
controlled with dehumidification and ventilation. The current system is operating well
below standard as many of the systems components have reached the end of their service
life or failed completely due to the environment.. Several of the facilities mechanical and
structural systems need renovation or replacement including: heating and ventilation
system, water filtration system, chemical feed and disinfection system, pool tank liner,
doors, and door frames. The current air handling equipment for this facility is inadequate
and expensive to operate. The building desperately needs a method to control building
pressure, high humidity, chlorine-laden air, and unstable room temperature. The
antiquated mechanical system is taking its toll on operations, the building structure, and
people. This grant proposal is for an HVAC systerm
c. What the Action is Designed to Accomplish
Once the HVAC system is replaced the following improvements will occur:
Air quality--important to both patrons and staffwho are in the building a
significant number of hours each day
Decrease in corrosion of infrastructure
· Humidity control for a healthier and more enjoyable environment
· Improvements in Energy efficiency
This project is ranked second in the Bremerton RAP, making it one of our highest
concerns. It is supported unanimously by the Park Commission and City Council.
d. Location ofthe Proiect
The Glenn Jarstad Aquatic Center is located in Eastpark at 50 Magnuson Way, in
Bremerton, Washington. This facility is located on the east side of Bremerton and can be
reached from the Bremerton Ferry by proceeding down Washington Street to the Manette
Bridge; turn right on the Manette Bridge; at the end of the bridge, turn left onto Old
Wheaton Way. Proceed on Old Wheaton Way to Magnuson (approximately ½ mile);
turn right on Magnuson, which will be the street on the left; proceed up the street for
about ½ block to the Glenn Jarstad Aquatic Center. The Kitsap Family Y.M.C.A. adjoins
the aquatic center.
e. The level of impact causing activities associated with the pro|eet
Demolished equipment will be disposed of appropriately.
Page 2 of 4
ENVIRONMENTAL ASSESSMENTS
UPARR PROJECT NO. 53-CTY-0180-0201
f. When the action is to take place
If possible to be completed between August 25 and September 8, 2002
~. If applicable, its Relation to other Federal~ State, or local projects and proposals.
Cite other Federal actions (i.e. 404 Permit~ etc.)
2. Alternative to Proposed Action. This section will include a brief discussion of
alternatives as required by NEPA, Section 102(2)(E), which states:
Study, develop, and describe appropriate alternatives to recommended courses of
action in any proposal which involves unresolved conflicts concerning alternative
uses of available resources.
The environmental impacts of the proposal and the alternatives should be presented in
comparative form and should define the issues, pros and cons of a reasonable range of
alternatives, and provide a clear basis for choice between them by NPS and the
public.
3. Environmental Impact of proposed action. Succinctly describe those environmental
elements which would be affected. Discuss anticipated impacts on the following
elements and any means to mitigate adverse environmental impacts.
· land use (project site and surrounding area) - no impact/existing structure
· fish and wildlife - no impact
· vegetation - no impact
· geology and soils - no impact
· mineral resources - no impact
· air and water quality - Improved interior air quality and reduction of
humidity; no impact on water quality issues
· water resources/hydrology - no impact
· historic/archeological resources - no impact
· transportation access - no impact
· consumption of energy resources - No impact - improved energy
management and efficiency will decrease consumption of natural gas and
electricity.
· socioeconomic effects - Improvements will allow the facility to remain
open and to continue to provide recreational opportunities for the
community. This facility is also a source of jobs for local high school and
college students. This will make the environment much more comfortable
Page 3 of 4 3~
ENVIRONMENTAL ASSESSMENTS
UPARR PROJECT NO. 53-CTY-0180-0201
for the users, consequently more people will swim. Additionally, this will
prolong the life of the facility.
"Impacts" are defined as causing direct or indirect changes in the existing
environment, whether beneficial or adverse, which are anticipated as a result of the
proposed action or related future actions. To the extent appropriate, the document
will discuss impacts of the action, including environmental damage which could be
caused by users upon the physical and biological environment, as well as upon
cultural, aesthetic, and socioeconomic conditions. Elements of impacts which are
unknown or only partially understood should be indicated. Any off-site impacts, such
as increased traffic on neighborhood roads or increased noise levels in surrounding
areas, should be described.
4. A listing of agencies and persons consulted.
Not applicable
Page 4 of 4 ~
RECEIVED
JUN 1 2002
Afctls. eo~og¥ and
Histodc Preservation
Brenmrtofl Piutm & Recfeltion
,Jim Spencer, Oirecgor Te~ 3~0-4 78.5305
F~- ~7~2
~0 L~ ~.
June ]0, 2002
G~g Griffith
Office of ~cheolo~ & ~ofic Pr~ation
PO ~x 48343
Olymp~, WA 98504-8343
Dear Mr. Griffith:
As discussed in our telephone conversation on 10 June 2002, the City of Bremerton was fortunate
to receive an Urban Parks and Recreation Recovery (UPARR) grant for installation of a new
heating and ventilation system in the Glenn Jarstnd Aquatic Center. Since this is a federally
funded project, Section 106 of the Historic Preservation Act requires review of the project for
potential impact on recognized historic resources.
The Glenn Jarstad Aquatic Center opened in June 1979. The existing system is failing to provide
adequate air quality and humidity control for the facility. Once the new HVAC is installed, the
following improvements will occur:
· Air quality- Important to both patrons and staff
· Decrease in corrosion of the infrastructure
Humidity control for a healthier and more enjoyable environment
· Energy efficiency
The total cost of the I-IVAC installation project is estimated at $260,400, with $182,280 provided
by the UPARR grant, and the remaining $78,120 coming from City of Bremerton funds. I would
appreciate a "no impact" letter from your office for this project, so that I can complete the final
grant application. Thank you in advance for your timely attention to this matter.
~mcCely, d
/,-/Jim Spenc¢ NO historic properties will
,~/ Director, Bremerton Parks and Recreation ~ b~/I~S illldertakin$.
Cc Gloria Shinu, National Parks Service _~Al~t~
OPINION OF TITLE COUNSEL
UPARR PROJECT NO. 53-CTY-0180-0201
Attached - Quitclaim Deed
qUI'TCLAIM DEED
The I~TED ~TATES OF ~ICA, acCin~ by ~nd through ~he
Secreta~ of the Interior, actin$ by and throu~ the Northwest
Elonal Director~ Bureau of ~tdoor Recr~tion~ under and pursuant
to the power and authority contaiued in the pr~isions of the Fed-
eral Property and Admin~rative Services ~t of 1949 (63 St~t.
as amended, and particnlarly as amended by Public Law 485, 91st
CQn~ess~ and reEulatio[~ and orders promul~ed thereunder (herein-
after 'designated "Grantor"), for and in consideraKio~ of the per-
petal ~e of the herei~fter described premises as and for public
park and public recreation a~aa purposes, by the Cit~ of
a municipal corporation, locate4 in ~tsap County, State of Wash-
inB~on (hereinafter desi~atad "Grantee")~ does hereby release a~d
quitclaim ~o Grantee, and ~o its successors and assiEns, subject to
the rese~ations, exceptTons ~ restrictions, conditions ~ and cove~nts
here~after expressed and sat forth, all Gran~or's right, ti~le~ and
in~erest in and to that certain track of real property designated
Area "A," co~i~t~ns of approxi~tely 17.6 acre~, ~ocated in Kitsa~
Count~, State of WashinEton~ and more particularly described in
Exhibit "A," at~ached hereto and ~y reference made a part h~reof.
TO HAVE ~LND TO HOLD the hereinbefore described property~
subject to the reservations~ exceptions, restrictions~ conditions
and covenants herein expressed and set forth uBto the Grangee,
successors and ass~s, forever~
RESEKV~G, HOW~ER~ un~o the Grantor all coal~ oil,
and other minerals on sa~d r~! property, '~osether with the riEht
to prgspect for~ mine, and remove the same under agplicable laws~
rules ~ and reEulattous p~escribed by-the Secretary of the Interior.
Pursuant to authority contained in the Federal Propert~
and Admtnistrat:.ve Se~ices Act of 1949, as amended~ and applicable
I~EE[ '12FH859
page2 of 8 tmg~
rules, regulations and~ders promulgated thereunder, the General
Services Administration determined the property to be surplus to the
needs of the United States of America and assigned the property to
the Department of the Interior for further conveyance to the Grantee.
It is agreed and understood by and between the Grantor and
Grantee, and the Grantee by its acceptance of this deed, does acknow-
ledge its understanding of the agreement, and does covenant and agree
for itself, and its successors and assigns, forever, as follows:
1. This property shall be used and maintained for the
public purposes for which it was conveyed in perpetu£ty as set forth
in the program u£ ut£1ization and plan contained in the
dated January 8, 1971, as .supplemented on January 14~ 1971,
by the Grantee and accepted by the Grantor on January 25, 1971, which
program and plan may be amended'from t~me to time at the request
e~the~ the Grantor or Grantee, with the written concurrence of the
other party, and such amendments shall be added to and become a part
of the or£g~nal applicat£on.
2. The Grantee shall, within s~x (6) months of the date
of the d;ed of conveyance, erect and maintain a permanent s£gn or
marker near the poin~ o£ pr~ncipal access to the conveyed a~ea ~d~ca~-
lng that the property is a park or recreation area and has been
'quired from the Federal Government for use by the general public.
'3. The property shall not be sold, leased, assi~ed, or
o~h.erwise disposed o~ except to another el!g£ble governmental'agency
that the Secretary of the In~erior agrees in writing can assure the
continued use and maintenance of the property for pubZic park or
public recreational purposes subJec~ to the same terms and conditions
in the origfnal instrumen~ of conveyance.' tlowever, nothing in ~hls
provision shall preclude the Grantee from providing related recrea-
tional faciliti:~s ad setw±ces compat£ble with the approved appl£ca-
2
April 5~ 1971
page3 oft pages
tion, through concesllon agreements entered into with third parties,'
provided prior concurrence to such agreements is obtained in writing
from the Secretary of ~he Interior.
4. From the date of this co~veyance~ .the Grantee, l~s suc-
cemsors and assigns, shall submit biemqisl reports to the Secretary
of the Interior, setting forth the use made of the property during
the preceding two-year period, and other pertinent data establish-
ing its continuous use for the purposes set forth above, for ten
consecutive reports and as further determined by the Secretary of
the Interior.
5. The Grantor shall have tile right during the existence
of any national emergency declared by the President of the United
States of America, or the Congress thereof, to the full unrestricted
possession, control, and use of the premises, or any part thereof
without charge; provided the Grantor shall bear the entire cost of
maintenance of all property so used.
6. AS part of the consideration for this Deed, ~he Grantee
covenants and agrees for 'itself, its successors and assigns, that
(1) the program for or in connection with which this Deed is made
will be conducted in compliance with, and the Grantee, its suces-
sore and assigns, will comply with all requirements imposed by or
pursuant to the regulations of the Department of the Interior as
in effect on the date of this Deed (43 C.F.R. Part 17) issued
under the provisions of Title VI of the Ctvtl Rights Act o~ 1964;
(2) this covenant shall be subject in all respects to the provi-
sions of said regulations; (3) the Grantee, its successors and
aesi/~s, will promptly take and continue to take such action as
may be necessary to effectuate this covenant; (4) the United
States shall have the right to seek indic/al enforcement of this
covenant, an.i (5) the Grantee, its ~uccessors and assigns, will
(a) obtain from each other person (auf ie~a-i entity) who, through-
con~rac~ual or othe~ arransemen~s with the Grantee, its successors
or assigns, is authorized to provide services or benefits nnder said
program, a written a§reement pursuant to which such other person
shall, with respect to the services or benefits which he is author-
ized to provide, undertake for himself the same obligations as those
imposed upon the Grantee, its successors and assi§ns, by this cove-
nant, and (b) furnish a copy of such agreement to the Secretary of
the Interior, or his successor; and'that this covenant shall run
with the land hereby conveyed, and shall in any event, without re-
gard to technical classification or desi~nation, legal or otherwise,
be binding to khe fullest extent permitted by law and equity for the
benefi[ of, and iz £avor o£ the Grantor and enforceable by the Gran-
tor against the Grantee, its successors and assigns,
7, In the event there is a breach o£ any o£ the conditions
and covenants herein contained by the Grantee, its successors and as-
signs, whether caused by the legal or other inability of the Grantee,
its successors and assigns, to.perform said conditions and covenants,
or otherwise, all right, title and interegt in and to the said prem-
ises shall revert to and become the property of the Grantor at its
option, which in addition to all other remedies for such breach
shall have the r£ght o£ entry upon said premises, and the Grantee,
its successors and assigns, s,hall forfeit all ritht, title and inter--
est in said premises and in any and all off the tenements, heredita-
ments and appurtenances thereunto belonging; provided, however,
that the failure of the Secretary of the Departmen2 o[ the Interior
to require in any One or more instances complete performance of any
of the conditions or covenants shall not be construed as a waiver
or relinquishment of such future performance, but the obliEations
o£ the Grantee, its successors and assigns, with respect to such
future per£ormance shall continue in full f~ce and effect,
lt['[[-12[ 1892
page 5 of 8 pages
IN W[~ESS WHEREOF, the Grantor has cat[sed these presents
to be executed in its name and on its behalf this the ~ day
UNITED STATES OF ~ICA
Acting by and through the
Secretary of the Interior
Acting Regional ~rector
Northwest
Bu~u of Outdoo~ Reception
STATE OF W~H~G~O~ )
me, the subscriber, personally appeared E. E. ~LEN, to me kn~ and
kno~m to be the Acting Regional. Director, Northwest Regton~ Bureau
of O~aedoor Recreation, of the L%ieed States D~artment of the Inter-
ior~ a gove~mental aEency of the United States of ~erica, and
known to me to be the same per, on described tn ant who executed
the foregoing instrument as such Acting Regional Director aforesaid,
as the act and deed of the United States of ~erica, for and on
half of the Secretary of the Interior, duly desi~a~ed, empo~med,i.., '?S-
ated authorzzed so to do by said Secretary, and he acknowled~'~hMt~_~,,
he executed the foregoing ix~tr~ent for and/Qn behalf o9' ~':~
The foregoing conveyance i~ hereby accepted and the ,under-
signed agrees, by this acceptance, to assume and be bound by all the
obligations, conditions, covenants, and agreements there/~x contained.
The CITY OF BREMERTON, a municipal
ATTEST: corporation, located in Kitsap
Cou~ty~ State of Washin~
-
'-5
.... · " s ....
--...~.. t~.. ,, ~,' · '
REEf -"i2FRi893
STATE OF WASHINGTON
)
County of 1~tsap
On this ~/2/- day of ~g~/~_ ,, 19Z/, before me,
the undersigned Officer, personall~ appeared Glenn K. Jarstad and
~drew Pendergast~ to me known and kno~ to me to be the same persons
whose names are subscribed to the foregoing acceptance, who being by
me duly sworn, did depose and say t~t he, Glenn K. Jarstad~ is the
Mayor, and that he, Andrew Pendergast, is th~ Superintendent of the
Department of Parks and Recreation of the City of Bremerton, Washing-
ton, tha~ they are duly designated, empowered~ and authorized by a
resolution adopt-ed by ~he C~y Council o{ the City of Bremerton
Washington, on December 30, 1970, to execute the for~going agce~t-
ante and to sign their names thereto; and that they signed
strument for and on behalf of the City of Bre~on~ .Washi~*
for the purposes and uses therein
REEL -12FR1894
. Eastpark Quickclaim Deed
April 5, 1971
; Page ~bf 8 pages
LEGAL DE~$CRIPTION
D~cribed to south side of si~e~k along south side of Magnuson
~ud Sc~_ley Boulevard.
Begi~a~i~ at a concrela monument-at the center of Section 12~
ship 24 k~orth~ lt~=uge 1 East~ WoMo~ said center of said Section 12
b~Lug %Dpror~ir, mt~ly at the Lutersection of ~e cen~r l~nes of
S*b~oy Bo~!~v~d ~d ~-~$~th Avenue~ ~ence South 2°01~25'' Wost
!541~8! f~st ~ the ~us point of b~g~u~g~ thenc~ Sou~..2°01~25
~,!sst 1050~70 feet ~ a concrete mon~ent~ s~d mon~ent berg on
tho Section l~s di%~ding Sections 12 mud 13 at a po~t appr~a~e~v
~ere the center!~e of Scb~ey Boulevard dmtersects said $oction
1Lue~ thence South 1°18~18" West 2~.23 feet~ more or less~ ~ the
north sido of Stats Secondary High%~y No~ 303) thence Nor~ 70°27 "40"
%f~st ~ong th~ northerly side of said High%~my 299~68 feet~ th.rice
South 19°32~20" %3cst ~ong ~sterly side of said High~my 50
thence ~u a no~ .om~s~.erly direction ~ong ~e no~h~rly sid~ cE said
High,-my on a c~e of radius 547.P7 feet a dist~c~ of 227~32 feot~
thence ~ong said Highway North 46°~40~' h~sst 136.2~ foe%) th~nc~
North 87°52~50~'
' .~ob 7:60 fe~t~ iAsnc~ s~ong the northeasterly side
45°!8~h0" ~f~t 58,43 ~eat~ mo~ o~ la~s~ ~ ~ point o~ th~ baak
t.h~ sid~m~k '~on~ the ~outh side of Homo~ ~, Jo~a~ Driva~
~ po~t oa fha b~o~ o~ tHa ~ide~-~k on the ~orth sido~ thanae ~o~
the b~a~ o~ th~ sidev~k o~ ~ m~a to the ri~t o~ ~ radi~
North !4°3%~'' _%~es~ 72~06 faot; thanoe a~ng b~c~ of sid~w~k
10%.56 ~aot~ thanaa ~on~ b~c~ of side~k o~ ~ c~e to the
~.~_~ ~ ~dius of 651.5 feat a distmnce of 227,47 feat~
faat ~ di~t~ca of 273,79 ~aet~ ~a~ce North 68°~"39'' East 216,26
~aT. a~:om~ Homar H~ Jonas D~iv~ ~t in~r~aation ~th Sahloy
Bo~av~rd~ tha~oa o~ ~ ~va to the l~t ~th a r~dius of~ho~ ~ ~2
fee% a dist~c~ of 63~23 feat~ thence South.~9°i~6~3~".. ~sas'~,
~.~ua South 87°58~35" East 1~9~5 feet, more or .~os;~; z.a
po~t of bsg~.nLug.~ cantering approximat~y 18.1 acros;, c:cceo%
~oa dosignatad as "M~cipal ~ea" dosoribed as
E~HIBIT A
EEL'12F i895
%
, Eastpark Quickclaim Deed'
' April S~ 1971
pag~ $ of 8 pages
Ar-~ ~-oa designated as "Municipal Area" on the site of the Eas~pexk
Ho~3.s~ag Projects ?L~q-l~50~ ~ the Gity of ~emerton~ Co~ty of
Kitsap~ Stat~ of Wash~g~n~ ~re p~tic%~arly describzd as fo~o~-~s~
Begi~LuE at a Point ~ch bears North 2°01~25,, ~st from the
s~c~.co._ co,er of Ssctions 12 ~d 13~ To~-mship. 24 No~c&~
East~ ~'~ette Meridian, a dist~ce of 20 feet; l~ence North
87°52~56" Wost 20 foot ~ '~e t~e po~t of beg~i~s ~d
...... ~.. m~g~ of Sc~ey Bo~ev~d~ thonce North ~°Ola25s, East
350 f~Oto~Ong the v~est~rly ~gin of Sc~ey ~evard~ t~nc~
Eorth 87 58~35" W~st 30 feet~ theace ~uth 2°O1~25'' West 100
t~ t~e point of b~g~g~ cont~g on~ h~ acro ~ro or
Subjact to ~assm~nts for road px~osos ~ong ~h~ east bo~da~y
~ong the south l~e of said S~ction 12~ to
~ssment d=~c] 29 November 1913 to ~is. Powsr Co%D~ny~ r~corded
n,~ Volume 89 of D~eds~ Pag~ 538~ r~cords of ~tsap Co~ty~
~d
Easement d~t~d 26 Apr~ 1929 ~ ~get.So~d Pak-mor & ~ght
r~corded ~ ~ok 168~ Page 223~ records of ~tsap Co~uty~ ~;Yachington.~
I~u,st o~ PiOlt'EER ~AT'L. TITLE I~S.'CO.
THEODORE WRIGHT, Kitsap County Auditor ~-~"'
R[E[ 12FH 896
Certification of Sponsor Match
UPARR PROJECT NO. 53-CTY-0180-0201
Organization Name: City of Bremerton
Project Name(s) Glenn Jarstad Aquatic Center Rehabilitation
As the authorized financial representative for the above identified organization, I
hereby certify that the sponsor matching resources are available for the above
project. I acknowledge that our organization is responsible for supporting all non-
cash commitmems and donations should they not materialize. The source(s) of our
local match will be:
City Funds totaling $78,120 will be available fi~om July 30, 2002 to the ending date of
the project, September 30,2003.
Signature
Printed Cary Bozeman
Title Mayor
Date
City of Bremerton X
239 Fourth St 6 7 0 6 4 3 0 3
Bremerton WA 98337
(360)478-5210
City of Bremerton
U.S. Dept. of the Interior Accounting Operations
Division
Grants Section- P.O.Box 100000
National Park Service Herdon, VA 20171-9998
Bank of America 1 2 5 0 0 0 0 2 4
C~muercial Accounts Service Center
PO Box 34414
Seattle, WA 98124 City of Bremerton, General Account
Brernerton Parks & Recreation
Jodi Wroblews/d, Adrr~n. Analysf
Tel 360-415-5429
Fax 360-478-5882
680 Lebo Blvd.
Bremerton, WA 98310
July 17, 2002
CONTACT LETTER FOR SMARTLINK
UPARR PROJECT NO. 53-CTY-0180-0201
To whom this may concern:
The contact person for this project is:
JoAnne Wroblewski, Administrative Analyst
Bremerton Parks & Recreation Department
680 Lebo Blvd.
Bremerton, WA 98310
Phone: 360/415-5429
FAX: 360/478-5882
Email: jwroblewski~ci, bremerton, wa. us
AGENDA BILL
BREMERTON CITY COUNCIL
1. SUBJECT: FOR AGENDA OF: August 14, 2002
Allocation of $78,120 in CDBG revolving loan ORIGINATING DEPT.: DED
funds for match for Urban Parks and Recreation ORIGINATOR: Deborah Peavler-Stewart
Recovery Grant DATE SUBMITTED: July 23, 2002
2. CLEARANCES: 3. EXHIBITS:
Fiscal and~~Bud~t C o~~',n,~/~~ ~/
Operations ~/~~~f
ENDORSEM.~h[~T ~i'F~M,,,~ATION..APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL:
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
The Bremerton Parks and Recreation Department has been awarded an Urban Parks and Recreation Recovery
Grant (UPARR) that is sponsored by the U.S. National Park Services.
The grant provides funding for the replacement of the existing heating ventilation, and dehumidification system
for the Glenn Jarstad Aquatic Center. The grant pays for 70% of the project ($182,280) and requires the City to
match the remaining 30% ($78,120).
The Community Development Department recommends reallocating $78,120 from the Community Development
Block Grant Revolving loan program to satisfy the match. This is an eligible use of CDBG funds. CDBG funds
are the only federal funds that are allowed as match under the UPARR grant.
8. RECOMMENDATION:
I move for approval of reallocating $78,120 from the Community Development Block Gram Revolving Loan
Program to satisfy the match for the UPARR grant
9. RESPONSIBLE OFFICIAL:
ENFORCEMENT OFFICIAL:
EXPIRATION DATE:
REVIEW DATE:
10. NOTICE OF ACTION ~
PULLED__ TABLED__ APPROVED DISAPPROVED AMENDE
COUNCIL DIRECTIVE:
AGENDA BILL NO, ~/}.
2. CLEARANCE COMMENTS:
5. IMPACT ON NON-PASSAGE:
In order to utilize the grant, the City will need to identify and allocate another source of match
6. IMPACT ON STAFFING, BUDGETS, FACILITIES~ EQUIPMENT OR OTHER RESOURCES:
None, the City recently received a large payback in the revolving loan program and new regulations relative to
lead based paint have slowed use of the revolving loan fund. Use of the funds will not impact existing programs.
7. RESEARCH SOURCES:
AGENDA BILL
BREMERTON CITY COUNCIL
1. SUBJECT: fOr AGENDA OF: ~L~I~SJ~ I~t
ORIGINATING DEPT: Executive
Budget Adjustment implementing the addition of the ORIGINATOR: Mayor Bozeman
Finance and Economic Development Departments, funding DATE SUBMITTED: 8/6/02
Discretionary Reserve Acco nd making other
changes' ~cki~
2. CLEARANCE__ 3. EXHIBITS:
Finance Director
Matrix of adjustments to Authorized Revenues and
Presented to Committees in Study Session
ENDO~ ~ON __ APPROVED BY COUNCil PRESIDENT FOR SUBMITTAL:
MAYO~ COUNCIL PRESIDENT (..~~ g//~,.¢/.c¢-~:~ .....
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
This adjustment adds the Finance and Economic Development Departments and changes authorized staffing to
conform to ordinances recently approved by Council. The adjustment also makes numerous changes to authorized
revenues and expenditures which fund a Discretionary Reserve within General Fund. Other changes adjust Block
Grant funding of City activities to final allocation, add to General Facilities and Park Maintenance functions as well as
other minor adjustments.
8. RECOMMENDATION:
Motion to approve Budget Adjustment Number 15.
9. RESPONSIBLE OFFICIAL: Mayor
ENFORCEMENT OFFICIAL: Finance Director
EXPIRATION DATE: 12/31/02
REVIEW DATE: N/A
10. NOTICE OF ACTION
PULLED~ TABLED APPROVED~ DISAPPROVED ~AMENDEDU ~'~
COUNCIL DIRECTIVE:
11 AGENDA BILL NO: / )" '
2. CLEARANCE COMMENTS:
5. IMPACT ON NON-PASSAGE:
Funding and staffing will remain at current levels.
6. IMPACT ON STAFFING~ BUDGETS~ FACILITIES~ EQUIPMENT OR OTHER RESOURCES:
As detailed in the attached documents.
7. RESEARCH SOURCES:
Staff analysis
CITY OF BREMERTON
ADMINISTRATIVE SERVICES
^DM,.,ST.*T.VE ~ .........................
SERVICE/CITY CLERKI
OFFICE
ASSISTANT
SR.
SPECIALIST
!
CITY CLERK INFORMATION PUBLIC ACCESS MANAGER
DEPUTY CLERK SERVICES & TELEVISION
PURCHASING
' I
/
TAX & RECORDS. NET ADMIN. I LEGAL TECH SR. [~ LEGTECH
LICENSE. CASHIERING TECH LEA[3
I
I
CASHIERING
CUSTOMER
AA SR A.A. II SERVICE/PC CONTROL SERVICES PROCESS
TECHNICIAN
{ LEG. TECH. LEG TECH
P.C. TECH
ADMINISTRATIVE SERVICES
STAFFING AUTHORIZATION
ADOPTED AMENDED
2001 2002 2001 2002
POSITION BUDGET BUDGET BUDGET B.IJDGET
CITY CLERK
Director of Admin. Serv. 1.00 1.00 1.00 1.00
Deputy City Clerk 1.00 1.00 1.00 1.00
Office Assistant Sr. Specialist 0.00 0.00 0.00 1.00
Office Assistant Sr. 2.00 2.00 2.00 0.00
Accounting Assistant Senior 0.00 0.00 0.00 1.00
Accounting Assistant II 0.50 0.50 0.50 2.00
Accounting Assistant I 1.00 1.00 1 ..00. 0.00
SUB-TOTAL CITY CLERK 5.50 5.50 5.50 6.00
PITV TDI:Aq:I ID~:D
C~--Tr-easur-~ ~..00 ~.00 ~..00 ~..00
~ ! .~no ! .OO ! .OO ~..90
Budget $1~oc!a!ist O.00 O.O0 O.OO
~ ! .~no ! .gO ! .go ~..gO
,n ...... ~.;..,.., n~.,.:,+.,,.,+ c~,~,.,:,... ':, nn ,',, nn 2.00 ") nn
S,j_a_TOT.~.L TDm&ql ID"'D ? nn ~ nn ? nn ~ nn
INFORMATION SERVICES
Mgr, Information Serv. & Purchasing 1.00 1.00 1.00 1.00
Customer Service/PO Technician 0.00 0.00 0.00 1.00
Computer Programmer/Analyst 1.00 1.00 1.00 0.00
Network Administrator 1.00 1.00 1.00 1.00
P.C. Technician 2.00 2.00 2.00 2.00
Accounting Assistant II 0.50 0.50 0.50 0.00
~ n nn n nn
SUB-TOTAL INFO. SERVICES 5.50 5.50 5.50 5.00
MUNICIPAL COURT
Judge 1.00 1.00 1.00 1.00
Court Services Manager 1.00 1.00 1.00 1.00
Probation Officer 1.00 1.00 1.00 1.00
Legal Technician Sr. 1.00 1.00 1.00 1.00
Legal Technician 5.00 5.00 5.00 5.00
Legal Technician 1.00 1.00 1.00 1.00
SUB-TOTAL MUN. COURT 10.00 10.00 10.00 10.00
28
CITY OF BREMERTON
LEGAL DEPARTMENT
MAYOR/CITY COUNCIL
CITY ATTORNEY
LEGAL ASSISTANT
LEGAL DEPARTMENT
EXPENDITURE SUMMARY
ADOPTED AMENDED
2001 2002 2001 2002
DESCRIPTION BUDGET BUDGET BUDGET BUDGET
Personnel 293,276 299,601 265,276 169,111
Supplies & Services 174,798 214,498 174,798 250,798
TOTAL 468,074 514,099 440,074 419,909
STAFFING AUTHORIZATION
ADOPTED AM ENDED
2001 2002 2001 2002
POSITION BUDGET BUDGET BUDGET BUDGET
City Attorney 1.00 1.00 1.00 1.00
Asst. City Attorney II 2.00 2.00 2.00 1.50
Legal Assistant 1.00 1.00 1.00 1.00
TOTAL STAFFING 4.00 4.00 4.00 4.50
54
CITY OF BREMERTON
FINANCE DEPARTMENT
MAYOR
CITY OF BREMERTON
IDEPARTMENT: Finance
FUND: General 001-71
DEPARTMENT FUNCTION
EXPENDITURE SUMMARY
STAFFING AUTHORIZATION
ADOPTED AMENDED
2002
POSITION BUDGET
Finance Director 1.00
Assistant Treasurer 1,00
Budget Analyst 1.00
Payroll Specialist 1.00
Accounting Assistant Sr. 2.00
TOTAL STAFFING 6.00
CITY OF BREMERTON
ECONOMIC DEVELOPMENT
I MAYOR
I
!IDIRECTORi OF ECONOMIC DEVELOPMENT
CITY OF BREMERTON
IDEPARTMENT: Economic Development
FUND: General 001-62
DEPARTMENT FUNCTION
EXPENDITURE SUMMARY
STAFFING AUTHORIZATION
ADOPTED AMENDED
2002
POSITION BUDGET
Director of Ecomonic Development 1.00
TOTAL STAFFING 1.00
CITY OF BREMERTON
MANAGEMENT SALARY PLAN - 2002
As Amended by Council 4-10-021 Retroactive to Januar~ 1, 2002
Adjusted to Add Dir. Of Economic Development, Finance Director and update Municipal Services Coordinator
APPENDIX A
PAYi SALARY
BAND TITLE BASE RATE I RATE 2 RATE 3 RATE 4 RATE 5 RATE 6 RATE 7 RATE 8
221 Dir. Of Public Works & Utilities APPROX MO 7,100 "7,460 7,646 7,838 8,034 8,234 8,440 8,651
City Attorney ACTUAL SEMI-MO. 3,550.19 3,729.97 3,823.22 3,918.80 4,016.77 4,117.19 4,220.12 4,325.63
ANNUAL 85,204.56 89,519.28 91,757.28 94,051.20 96,402.48 98,612.56 101,262.88 103,815,12
21 Fire Chief APPROX MO 6,758 7,100 ~,278 7,460 7,646 7,838 8,034 8,234
Police Chief ACTUAL SEMI-MO. 3,379.14 3,550.19 3,638.95 3,729.97 3,823.22 3,918.80 4,016.77 4,117.19
ANNUAL 81,099.36 85,204.66 87,334.80 69,519.28 91,757.28 04,051.20 96,402.48 98,812.56
20 =:~=====~=====:~;;~;======~'=============================================== APPROX MO 6,433 6,758 6,927 7,100 7,278 7,460 '7,646 7,838
~':'::~:":::: ~.'.~:~::~:;:::~'~::-:~!T::::i i:i:!:i:i:[: :i i:: i !:i:i:i:i:::i:i
Dir. Of Building & Ptanning ACTUAL SEMI-MO. 3,216.32 3,379.14 3,463.62 3,550.19 3,638.95 3,729.97 3,823.22 3,918.80
~:.i~::iE~i~i i. iiil i!ili; i iiiiii::ii!!ii!ii::i:.iil ANNUAL 77,191.68 81,099.36 83,126.88 85,204.56 87,334.80 69,519.28 91,757.28 94,051.20
19 Dir. Of Parks & Recreation APPROX MO 6,123 6,433 6,593 6,758 6,927 7,100 7,278 7,460
Dir. Of Human Resources ACTUAL SEMI-MO. 3,061.33 3,216.32 3,296.70 3,379.14 3,463.62 3,550.19 3,638.95 3,729:97
~!~ii~!~ i ??!!i:.?.::iiiii!?:i?:?: i! !ii ! i iii i i iii i ilili?::!ii:?iiiii::!ii ANNUAL 73,471.92 77,191,68 79,120.60 81,099.36 83,126.68 85,204.56 87,334.80 89,519.26
City Engineer
18 Assistant Fire Chief APPROX MO 5,828 6,123 6,276 6,433 6,:593 6,7,~8 6,927 7,100
City Treasurer ACTUAL SEMI-MO. 2,913.84 3,061.33 3,137.89 3,216.32 3,296~70 3,379 t4 3,463.62 3,550.19
ANNUAL 69,932.16 73,471.92 75,309.36 77,191.68 79,120.80 81,099.36 ! 83,126,88 85,204,56
17 Assistant City Attorney APPROX MO 5'1547 5,828 5,973 6,123 6,276 6,433 6,593 6,758
City Auditor ACTUAL SEMI-MO. 2,773.42 2,913.84 2,986.68 3,061.33 3,137.89 3,216.32 3,296.70 3,379.14
~ii~i~i::ii i i:.i? i :.!i! i::i i i i:.i ilii i ANNUAL 66,562.08 68,932.t6 71,680.32 73,471.92 75,309.36 77,191.68 79,t20.60 81,099.38
16 Public Works Operations Manager APPROX MO 5':280 5,547 5,686 5,828 5,973 6,123 6,276 6,433
,~"'~' Risk Manager ACTUAL SEMI-MO. 2,639.78 2,773.42 2,842.75 2,913.84 2,986.68 3,061.33 3,137.89 3,216.32
~ ANNUAL 63,354.72 68,562.08 .. 68,226.00 69,932.16 71,680.32 73,471.92 75,309.36 77,191.66
15 Forestry Manager APPROX MO 5,025 5,260 5,412 5,547 5,686 5,828 5,973 6,123
Planning Manager ACTUAL SEMI-MO, 2,512.59 2,639.78 2,705.78 2,773.42 2,842.75 2,913.84 2,986.68 3,061.33
Utility Operations Manager ANNUAL 60,302.16 63,354.72 04,938.72 66,682.68 68,226.00 69,932.16 71,680.32 73,471.92
Project Manager (was Prej. Engineer)
~anaging Engineer
h~astewater Manager
tnforrnation Systems Manager
Water Resources Manager
14 ~$sistant Treasurer ~,PPROX MO 4,783 5,025 ~,151 5,280 5,412 5,547 5,686 5,828
ACTUAL SEMI-MO. 2,391.50 2,512.59 2,57540 2,639.78 2,705.78 2,773.42 2,842.75 2,913.84
ANNUAl- 57,396.00 60,302.t6 61,809.60 63,3.%4.72 64,938.72 66,562.08 68,226.00 99,932.16i
13 WVVTP Manager APPROX MO 4,553 4,783 4,903 5,025 5,151 5,280 5,412 5,547
ACTUAL SEMI-MO. 2,276.29 2,391.50 2,451.30 2,512.59 2,575,40 2,639.78 2,705,78 2,773.42
ANNUAL 54,630.96 57,396.00 5~,831.20 60,302.16 61,809.60 63,354.72 64,938.72 86,562.08
12 Fleet Manager APPROX MO 4,333 I 4,553 4,666 4,783 4,903 5,025 5,151 5,280
:Court Services Manager ACTUAL SEMI-MO. 2,166.60 2,276.29 2,333.19 2,391.50 2,451.30 2,512.59 2,575.40 2,639.78
Deputy City Clerk ANNUAL 51,99~.40 54,630.96 55,996.56 57,396.00 58,831.20 60,302.16 61,909.60 63,354.72
11 ,Parks Maintenance Manager a, PPROX MO 4:'124 4,333 4,442 4,553 4,666 4,783 4,903 5,025
Public W~, & Udl. Financial MgT. ACTUAL SEMI-M0. 2,062.19 2,166.60 2,220.76 2,276.29 2,333.19 2,391.50 2,451,30 2,512.59
,(was Fip, a~.Analyst/moved to regret) IM~NUAL 49,492.56 51,998.40 53,298.24 54,630.96 96,996.56 97,396.00 58,831.20 60,302.16 i
10 APPROX MO 3,926 4,124 4,228 4,333 4,442 4,5~3 4,666 4,783
ACTUAL SEMI-MO, 1,962.82 2,O62.19 2,113.75 2,166 60 2,220.76 2,276.29 2,333.19 2,391.50
ANNUAL 47,107.68 4,9,492.56 50,730.00 51,998.40 53,298.24 54,630.96 55,996.56 57,396.00
R:\Treas\02Bud~002 Amended Mgmt-Pofessional Plan Plans 4-10-02 2002 Mgmt amended 7/1/2002 1:45 PM
CITY OF BREMERTON
MANAGEMENT SALARY PLAN - 2002
As Amended by Council 4-10-02/Retroactive to January 1, 2002
Adjusted to Add Dir. Of Economic Development, Finance Director and update Municipal Services Coordinator
APPENDIX A
BAND TITLE BASE . ,RATE t RATE 2 RATE 3 RATE 4 RATE 5 RATE 8 RATE 7 RATE 8
9 Athletics/Aquatics Manager APPROX MO 3,736 3,926 ' 4,024 4,124 4,226 4,333 4,442 4,553
Recreation Manager ACTUAL SEMi-MO. 1,868.24 1,962.82 2,011.90 2,062.19 2,113.75 2,166.60 2,220.76 2,276.29
Public Access Manager ANNUAL 44,687.76 47,t07,6~ , 4~,285.60 ! 49,492.56 50,730.00 ~ 51,998.40 53~298.24 54,630.96
8 APPROX MO 3,556 3,736 3,830 3,926 4,024 41124 4,228 4,333
ACTUAL SEMI-MO. 1,778.21 1,868.24 1,914.95 1,962.82 2.011.90 2,062.19 2,113.75 2,166.60
ANNUAL 42,677.04 44,837.76 45,958.80 47,107.68 48,285.60 49,492.56 50,730.00 51,998.40
7 APPROX MO 3,385 3,556 3,645 3,736 3,830 3,926 4.024 4,124
ACTUAL SEMI-MO. 1,692.55 1,778.21 1,822.68 1,868~24 1,914.95 1,962.82 2,011.90 2,062.19
ANNUAL 40,621.20 42,677.04 43,744.32 44,837.76 45,958.80 47,107.68 48,285,60 49,492.56
6 A~PROX MO 3,222 3,385 3,470 31556 3,645 3,736 3,830 3,926
ACTUAL SEMI-MO. 1,6! 1.04 1,69255 1,734.86 1,778.21 1,822.68 1,868.24 1,914.95 1,962.82
5 APPROX MO 3,067 3,222 3,303 3,385 3,470 3,556 3,645 3,738
ACTUAL SEMI-MO. 1,533.45 1,611.04 1,651.31 ,1,692.55 1,734.86 1,778.21 1,822.68 1,868.24
4 APPROX ~O 2,919 3,067 3,144 3,222 3,303 3,385 3,470 3,556
ACTUAL SEMI-MO. 1,459.61 1,533.45 1,571.78 1,611.04 1,651.31 1,692.55 1,734.86 1,778.21
3 APPROX MO 2,779 2,919 2,992 3,067 3,144 3,222 3,303 J,385
ACTUAL SEMI,MO. 1,389.31 1,459.61 1,496.09 1,533.45 1,5,71.78 ,, 1,611.04 1,651.31 1,692.55
2 APPROX MO ~,645 2,779 2,848 2,919 2,992 3,067 3,144 3,222
ACTUAL SEMI-MO. 1,322.39 1,389.31 1,424.06 1,459.61 1,496.09 1,533.45 1,571.78 1,611.04
~--"" I APPROX MO 2,517 2,645 2,711 2,779 2,848 2,919 2,992 3,067
"~ ~CTU,AL SEMI-MO. 1,258.69 1,322.39 1,355.45 1,389.31 1,424.06 1,459.61 1,,496,09 1,533.45
R:\Treas\02Bud~2002 Amended Mgmt-Pofessional Plan Plans 4-10-02 2002 Mgmt amended 7/1/2002 1:45 PM
2002 Budget Adjustment Summary 8/6/02
3:15 PM
,ACCOUNT BuDgET / EXp. BU~ ~ £Xp. AVAILABLZ
Adjustment Description BUDGET TRANSFER OUT rRANSFER~N I BALANCE : R~,ARKS
GENERAL FUND
CITY COUNCIL
TransfersPROJECT DISCRETIONARYin RESERVE 0 0 I
0
Transfer from Clerk budget to Discretionarf Reserve (1) 17,000
Transfers from Treasurer Budget to Discretionary Reserve (2) 2,500
Transfer Information Services budget to Discretionary Reserve (3) 7,000
Transfer from Computer Project in I/S (3) 105,000
Transfer from Internal Auditor (4) 15,000
Transfer Community Development budget to Discretionary Reserve (5) 43,665
Transfer from Community Development Planning Capital, Office Equipment (6) 20,115
Transfer from Beginnning Cash Balance (7) 97,138
Transfer from Risk Management reserves to Discretionary Reserve (9) 701,620
1'ransfer from Parks Capital (10) 150,000
Fransfer from General Misc. budget to Discretionary Reserve (11 ) 96,000
DISCRETIONARY RESERVE BEGINNING BALANCE 1,25§,038
Proposed ExpendituresAdded to Parks on this document.
MacLeod Reckord (13) (10,000)
Parks Dedicated Worker (14) (8,000)
Ice Arena project (44) (100,000) Added to Parks on this document.
General Services- Maintenance Worker (15) (25,000) IAdBed Genera Facilities on this document.
DISCRETIONARY RESERVE - REVISED 1,112,038
I
PERSONNEL COSTS - CURRENT 24§,710 121,410 I
~Adjust Executive for A4uni. Serv. Co-ord (21) 8,000 I Funded from Beginning Cash
Public Access P/T Clerical in Executive; funded from Beginning Cash (20) 2,714 Funded from Beginning Cash
PERSONNEL COSTS - REVISED 256,424 132,124
OFFICE ~ OPERATING SUPPLY - CURRENT 4,900 (320)
Transfer S§,O00 from Beginning Cash (24) 5,000 ITransfer from Beginning Cash I
OFFICE r~ OPERATING SUPPLY - REVISED 9,900 4,680 J
r
2002 Budget Adjustment Summary 3:15 pM
DEPART,MENT : PROPOSED I PROpOSED II ~
ACCOUNT : BUDGET / EXP. { : BUDGET / EXP. i AVAILABLE
Adjustment Descrtpt!on I euoGET I TRANSFER OUT I I TRANSFER IN ~ALANCE REMARKS
Continued next page
PROFESSIONAL SERVICES - CURRENT 0 (2,000)
Hearing Examiner (25) 20,000 Transfer of Funds from Community Development
Grant Wr~ter (26) 10,(300 Transfer from General Misc. Non-Oepactmental
Lobbyist (27~ 4,000 Transfer from Clerk ProfessfonaI Services
Add Web Page to Executive (23) 17,O00 Fund from Beginning Cash
Expenses for Meshay contract ($3,000) (36) ],gO0 Funded from 8esginning Cash
PROFESSIONAL 5ERVlCES - REVISED 51,000 49,000
TRAVEL- CURRENT 3,800 (1,498)
Funded from Beginning Cash (36) 2,000 Funded from Beginning Cash
TRAVEL - REVISED 5,800 502
/~ISCELLANEOUS 6,300 1,903
Transfer $2,500 from Beginning Cash Reserve (28) 2,500 Transfer from Beginning Cash
MISCELLANEOUS - REVISED 8,800 4,403
TOTAL EXECUTIVE 0 69,714
INFORMATION SERVICES
5MALL TOOLS - CURRENT 1,000 1,0OO
Transfer to Discretionary Reserve (1,000) (3) No expenditures recorded in 2001 or 2002
SMALL TOOLS - RE¥1SED 0 0
COMPUTER RELATED ITEMS - CURRENT 457,687 387,009
Transfer to Discretionary Reserve (80,000) (3) Reduction on Computer Project expenses based on program need changes.
COMPUTER RELATED ITEMS - REVISED 377,687 307,009
PROFESSIONAL SERVICES - CURRENT 109,336 69,016
Transfer to Discretionary Reserve (25,000) (3) Reduction in Professional Service expenses based on program need
ipROFESSIONAL SERVICES - REVISED ~4,336 44,016
ADVERTISING - CURRENT 1,000 1,000
Transfer to Discretionar~ Reserve (1 ,(300) (3) No adve~tisiog required for this division.
ADVERTISING * REVISED 0 0
EQUIPMENT REPAIR - CURRENT 5,000 4,030 Equipment repairs are not generaUy required on this account.
Transfer to Discretionary Reserve (3,000) (3)
EQUIPMENT REPAIR - REVISED 2,~ 1,030
MISCELLANEOUS - CURRENT 3,000 2,821
2002 Budget Adjustment Summary
Transfer to Discretiona~ Rese~e (2,~) (3) was s~nt in 2~1
MISCEL~NEOUS - REVISEO 1,0~ 821 J
TOTAL INFO~TION SERVICES (112,~) 0
CI~ CLERK
IOFFICE ~ OPE~TING SUPPLIES - CURRENT 20,~ 13,5~
]TraRsfer ~5,~ to Otscrett~ R~e~ (5,~) (1) ~nt 56,796 m 2~1
OFF~E ~ OPE~TING SUPPLIES - REVISED 15,~
~LL TOOLS ~ EQUIPMENT - CURRE~ 4,~ 4,~
Transfer Cterk ~t to Discret~a~ Rese~e (4,~) {1)
~LL T~LS ~ EQUIPMENT - REVISED 0 0
PRO~ :~siONAL SERVICES - CURRENT ]8.~ 1 O, 660
Transfer CJe~ b~get to Discretiona~ R~ewe (5,~) (1) a.) Transfer the Lobbyist and Hearing Officer to Ex~utive
Transfer ~4,~ f~m Cle~ to Executive Professional 5effices
Remaining Ex~nse for 2~2 for Heanng Officer
Development Professional Se~c~ Budget that ~[I ~ transfem
~ve tobb~st from CJe~ to Executive (4,~) (27) Ex~uttve Depa~me.t.
PROFESSIONAL SERVICES - R~ISED 29,~ 1,6~
EQUIPMENT REPAIR - CURRENT 1 ,~ I ,~ ,
Transfer Cte~ ~get to Oiscret~a~ R~e~e (1,~) (1) ~nt S0.~ in 2~1
EQUIPMENT REPAIR REVISED 0
MI~EL~NEOUS - CURRENT 5,~ 4,117
[ransfer $2,~ to Discretiona~ Resewe (Z.~) (1)
~ISCEL~NEOUS - R~ISEO 3,~ 2,117
TOTAL CI~ CLERK (21,~) 0
RISK ~NAGER
ALL ACCOUNTS - CU~NT 89,912 49,7~ Expense of 39,488 and Budget Balance of 49,704 moved to LegaJ
Risk ~nager to L~at fr~ Admin. Se~. B~get (49,704)
2002 Budget Adjustment Summary 8/6/02
3:1§ PM
~J~t~nt ~c~pt~ ~ T~NsFER oUT T~HSFER IN BA~NCE . R~8~
Continued Next Page
CITY TREASURER
ALL ACCOUNTS - CURRENT 466,528 230,298
City Treasurer to Finance from Admin. 5erv. (230,298) (31 ) Expense and Budget moved to Director of Finance Department
ALL ACCOUNTS - REVISED 0 0
~-OMPUTER RELATED SERVICES 'I ,500 1,500
Cransfer to Project Discretionary Reserve ('1,500) (2)
COMPUTER RELATED SERVICES - REVISED 0
EQUIPMENT REPAIR 1,000 I
Transfer to Project Discretionary Reserve (1,000) (2)
EQUIPMENT REPAIR - REVISED 0 0
TOTAL ADMINISTRATIVE SERVICES (413,002) 0
LEGAL
j PROFESSIONAL SERVICES - CURRENT 106,000 23,094
~u~ington Utigation (22) 125,000 ITransfer from Beginning Cash
1 PROFESSIONAL SERVICES - REVISED 231,000 148,0~; I
JALL ACCOUNTS - CURRENT 0
I Risk Manager to Legal from Admin. Serv. Budget (30) 49,704 IExpense and Budget moved to Legal Department
IALL ACCOUNTS- REVISED 49,704 49,704
I
TOTAL LEGAL 0 174,704
I
COMMUNITY DEVELOPMENT
3,500 1,905 IRecommend leavin§ balance and using for improvement of front office
LATED ITEMS - CURRENT 5,000 4,510larea'
· Dev. budget to Discretionary Reserve (4,000) (5)
LATED iTEMS - REVISED 1 ,O00 510
ICapital items - Current
7002 Budget Adjustment Summary ~/6/02
3:15
6.CCOUNT BUDGET / EXP;I BUDGET i EXPl AVAILABLE
Adjustment Description BUDGET TRANSFER OUT ] , I TRANSFER IN ,, BALANCE REMARKS
Transfer Comm. Dev. budget to Discretionary Reserve 20,1 IS (6)
Capital Items - Revised
PROFESSIONAL SERVICES - CURRENT 59,665 59,665
Transfer Hearing Examiner in Executive (20,000) (25)
Transfer balance of budget to Discretionary Reserve (39,665) (5)
PROFESSIONAL SERVICES - REVISED 0 0
GENERAL FACILITIES
STRUCTURES I~ GROUNDS REPAIR ~ CURRENT 27,000 1,790
City Hall improvements in Ge~era[ Facilities; fun~ed from Beginning Cash (29) 30,619 Transfer from Beg~nnieg Cash
General ~ervices- Maintenance Worker (15) 25,O00 Can Be transferred from Discretionary Reserve
STRUCTURES ~' GROUNDS REPAIR - REVISED 82,619 57,409
INTERNAL AUDITING
PROFESSIONAL SERVICES EXT.
I
Transfer $15,000 to D~scretionary Reserve (15,000) (4) Auditor concurs with transfer.
PROFESSIONAL SERVICE~ ~EXT. - REVISED ~3,000
PARKS ~, RECREATION
RECREATION SERVICES EXTRA HELP - CURRENT 148,618 97,615
Additional CDBG funding of City projects (43) 7,500 Funds were transferred from CDBG but were not budgeted or expensed in
ParKs Budget.
Parks Dedicated Worker (14) 8,000 Can ~e transferred from Discretionary Reserve
RECREATION SERVICES EXTRA HELP - REV$SED 164,11
GENERAL PARKS SUPPLIES - CURRENT 68,860 23,306
Park Dept. work in Downtown (17) 13,300 Transfer from Beginning Cash
GENERAL PARKS SUPPLIES - REVISED 82,160 36,606
Parks Miscellaneous
Ice Arena Project 100,000 (44) Funded from Discretionary Reserve
Parks Miscellaneous
EAPITAL - CURRENT 150,000 150,000 $150,000 is local capital budget if not needed could be transferred.
E~oardwalk Piling funding to Discretionary Reserve dept, 51, 56210 building E struct. (I§O,D00) (10) Cost for repairing piling will be tess than the $.500,000 grant, allowing
transfer of original local revenues to Discretionary Reserve. YTD Expenses
WlU be moved to Parks Construction Fond
:APITAL - REVISED 0 0
2002 Budget Adjustment Summary
3:15 PM
Accou.T BU~~T ~P~ ' ' BU~}E~i
Adi.ustmerit Oescdpt on BUDGET TRANSEER OUT TRANSFER IN I .RALa;NCE f REMARKS
TOTAL PARKS 8 RECREATION (50,000) 28,800
ECONOkUC DEVELOPMENT
PERSONNEL COSTS - CURRENT 0 0
Director and clerica~ support; funded from CDBG (40) 31,250 IFunded from Additional CDBG Grant
PERSONNEL COSTS - REVISED ,1,250 .31,2§: I
PROFESSIONAL SERVICES - CURRENT 0
~acLeod/Rekord planning; funded from CDBG and Oiscretionary Reserve (10) ,2,500 ~Funded from Additional CDBG Grant and $10,000 from Discretionary
PROFESSIONAL SERVICES - REVISED 32,500 32,500
TOTAL ECDNOMIC DEVELOPMENT 0 63,750
FINANCE
'PERSONNEL COSTS - CURRENT 0
City Treasurer to Finance Director (16) 1,150 transfer from Beginning Cash to pay salad/increase.
FinanCe Dept. adjusted for employee retirement (15) 11,000 Employee retired in January. Payment made but not budgeted. Transfer
from Beginning Cash.
City Treasurer to Finance from Admin. Serv. (31) 193,337
PERSONNEL COSTS - REVISED 20§~487 205,487 230,298
ALL OTHER ACCOUNTS - CURRENT 0
City Treasurer to Finance from Admin. Serv. (~1) 36,961
ALL OTHER ACCOUNTS - REVISED 36,961 36,961
TOTAL FINANCE 0 242,448
I
GENERAL MISCELLANEOUS
BEGINNING CASH - CURRENT 1,697,§74 543,421
Adjust revenue; Beginning Cash up, MVET down (215~000)
~djust revenue; Beginning Cash up, Garbage Tax down (10,000) (19)
Public Access P/T Clerical in Executive; funded from Beginning Cash (2,714) (20)
Burhngton litigation in Legal; funded from Beginning Cash (125,000) (22)
City HaLl improvements in General Facilities; funded from Beginning Cash (30,619) (29)
Adjust Executive for Muni. Serv. Co-ord; funded from Beginning Cash (8,000) (21)
Add Web Page to Executive; funded from Beginning Cash (17,000)
Add Office Supplies to Executive 15,000) (24)
Add to Travel and Professional Servicesto Executive (5,000) (36)
2002 Budget Adjustment Summary B/6/02
3;15 PM
ACCOUNT BUDGET / EXP. BUDGET/EXP:
Adjustment DescriPtion BUDG TRANSFER OUT TRANSFER N BALANCE REMA~ ,,
Add Misc. Expense to Executive (2,500) (28)
City Treasurer to Finance Director; funded from I~eginning Cash (1,150) (16)
Finance Dept. adjusted for employee retirement; funded from Beginning Cash (11,000) (IS)
Park Dept. work in Downtown; funded from Beginnfng Cash (13,300) (17)
Transfer to Discretionary Reserve (97,138) (7)
BEGINNING CASH - REVISED 0 0
LOCAL GOV. ASSIST 1-695 - CURRENT 215,000 215,000
Adjust revenue; Beginning Cash up, MVET dOWn (215,000) (18)
LOCAL GOV. ASSIST 1-695 - REVISED 0 0
GARBAGE/SOLID WASTE - CURRENT 625,000 343,510
Adjust revenue; Beginning Cash up, Garbage Tax down (10,000) (19)
GARBAGE/SOLID WASTE - REVISED 615,000 333,510
Continued next page
INTER-FUND LOAN FROM EQUIPMENT RENTAL - CURRENT 1,515,000 1,165,000
Use 4th Street Buitding sale proceeds instead of I/F roan to pay-off bonds (480,000) (35)
INTER-FUND LOAN FROM EQUIPMENT RENTAL - REVISED 1,995,000 685,000
PROFESSIONAL SERVICES- CURRENT 65,000
Move grant writer from Gen. Misc. to Executive (10,000) (26) This Account is under review and more exptain wttt be forcomtng
Transfer Gen. Misc. budget to Discretionary Reserve (14,000) (11)
PROFESSIONAL SERVICES - REVISED 89,000
INTER-FUND INSURANCE PREMIUMS - CURRENT 468,000 234,000
Transfer Gen. Misc. budget to Discretionary Reserve 100,000 (11 ) [nterfund premiums can be reduced for year.
INTER-FUND INSURANCE PREMIUMS - REVISED 368,000 134~000
TAX ANTICIPATION NOTE ISSUE COST - CURRENT 10,000 10,000
Transfer Gen. Misc. budget to Discretionary Reserve 10,000 (11 )
TAX ANTICIPATION NOTE ISSUE COST - REVISED 0 0
TOTAL GENERAL MISCELLANEOUS (1,162,421 ) 0
TOTAL GENERAL FUND
I
STREET FUND
SUPPLIES - SIDEWALKS - CURRENT 3,8013 3,'350 ~
Increase Sidewalk expense with additional CDBG funding of City projects (391 38,000 Funded by CDBG additional ~rant
SUPPLIES - SIDEWALKS - REVISED 41,~,00 41,350
2002 Budget Adjustment Summary 816/o2
3:15 PM
Accou~rr I I BURET/EXP' ~UI:)C,~T / EX~; AVAiLA~L£
Adjustment DescriPtion J BUDGET I TRANSFER ouT TRANSFER iN , BA~NCE R~RKS
supPLiKs- ROADWAY - CURRENT 115,000 51,837
Increase Roadway expense w~th CDBG funding of City projects (39) 20,000 Funded by CDBG additional grant
SUPPLIES - ROADWAY - REVISED 135,000 71,837
SUPPLIES - TRAFFIC CONTROL - CURRENT 54,050 44,944
Increase Traffic control expense w~th CDBG funding of City projects (39) 2,000 Funded by CDBG additional grant
5UPPLIE5 - TRAFFIC CONTROL - REVISED 56,050 46,944
TOTAL STREET FUND 0 60,000
CIVIC IMPROVEMENT (HOTEL / MOTEL) FUND
OTHER TOURIST PROMOTION ~ CURRENT 20,000 10,0OO I
Increase Tourist Promotion; funded from Bag. I~ End Cash 63,351 1535'000 from Ending Cash E $28,3§1 from beg. Cash
IOTHER TOURIST PROMOTION - REVISED 83,351 73,351
Contimded next page
DEVELOPMENT BLOCK GRANT FUND
COk~RUNITY
TRANSFER TO GENERAL FUND - CURRENT 134,150 124,931
MacLeed/Reckord planning; funded from CDBG and Discretionary Reserve (41) 22,500 Funded from Ending Cash Balance
Sexton salary; funded from CDBG (40) 27,500 Funded from Ending Cash Balance
Additional CDBG funding of City projects - Parks Extra Help (43) 7,500 Funded from Ending Cash Balance
Sexton clerical support; fur~od from CDBG (40) 3,750 Funded from Ending Cash Balance
TRANSFER TO GENERAL FUND - REVISED 195,400 186,181
TRANSFER TO Parks Construction FUND (112) - CURRENT
Additional CDBG funding of City projects - Haddon (42) 750 ;unded from Ending Cash Balance
TRANSFER TO Parks Construction FUND (112) - Revised
TRANSFER TO STREET FUND - CURRENT 60,000 60,000
Increase funding for traffic safety projects (39) 25,000 Funded from Ending Cash Balance
TRANSFER TO STREET FUND - REV SED 85,0OO 85,000
TOTAL CO/I~AUNITY DEVELOPMENT BLOCK GRANT FUND O 87,000
L J
PARK DEVELOPMENT FUND
CAPITAL PROJECTS - CURRENT 515,069 284,851 [ I
Legislative Appropriation for ~oardwaik P Ing work (32) 500,000 Expense Increase for grant received
2002 Budget Adjustment Summary 8/6/02
3:15 PM
AcCOU~ BUDG~/E'XP. B~ET / EXP. AVAILABLE
Adjustment Oescr~ptton BU ET TRANSFER OUT ~SFER IH I~LANCE
,. REMARKS
Increase Captial Budget for CDBG funding of City projects (42) 7§0 Ilncrease due to additional CDBG Grant
[
CAPITAL PROJECTS - REVISED 1,015,819 785,601
TOTAL PARK DEVELOPMENT FUND 0 500,750
I
BOND FUND
BEGINNING CASH - CURRENT 290,000 21,700
Use 4th Strut Building sate pr~eeds instead of I/F loan to pay-off ~nds (21,700) Transfer to interest Ex~nse Account
BEGINNING CASH - REVISED 268,300 0
nterest ~nse 0 0
Use 4th Strut Buildin~ sale p~eeds instead of I/F loan to pay-off bonds 21,700 0 This has already been added in Genera[ fund
I lnterest Ex~nse 0 21,700
TOTAL BOND FUND 21,700 (21,700)
Continued next page
WATER FUND
DISCRETIONARY RESERVE - CURRENT 0 0
Transfer Risk Management reserves to Water 215,880 Reserving refund into ending cash balance the Water Fund
D 5CRET ONARY RESERVE - REV SED 215,880 215,880
TOTAL WATER FUND 0 215,880
I
WASTEWATER FUND
DISCRETIONARY RESERVE - CURRENT 0 0 Reserving refund into ending cash balance of the Wastewater fund
Transfer Risk Management reserves to Wastewater 161,914
D SCRETIONARY RESERVE - REVISED 161,914 161,914
TOTAL WASTE3afATER FUND 0 161,914
RISK MANAGEMENT FUND
TRANSFERS TO OTHER FUNDS - CURRENT 0 0 I
ITransfer Risk Management reserves to Discretionary Reserve (9) 701,620 Reducing ending cash for General Fund refund
ITransfer Risk Management reserves to Water (33) 215,880 JReducing ending cash for Water Fund refund
I Transfer Risk Management reserves to Wastewater (34) 161,914 JReducine ending cash for Wastewater Fund refund
/
ITRANSFERS TO OTHER FUNDS, REVISED 1,079,414 1,079,414
TOTAL RISK MANAGEMENT FUND 0 1,079,41,1
2002 Budget Adjustment Summary 8/6/02
3:15 PM
BUDGETtEXp:I I .u~E,,,~. AW~LE
ACCOUNT B DGET TRANSFER OUT I I TRANSFERiN BALANCE REMARKS
AdjUStment Descri~ti°n
EQUIPMENT RENTAL RESERVE FUND
ENDING CASH - CURRENT 2,574,061 2,574,061 Cancelling J
Use 4th Street Building sale proceeds instead of I/F loan to pay-off bonds 480,000 interfund fund for 4th street buildiog refinance, added to ending
ENDING CASH - REVISED 3,054,061 3,054,061 J
TOTAL EQUIPMENT RENTAL RESERVE FUNO 0 480,000
I , I
CONTINGENCY RESERVE
Beginn ng Cash Reserve 920,000 420,000 Jwe have added $51,000 from sale of an asset. Recognize as available. J
REAL ESTATE EXCISE
Beginning Cash $1,080,000/1,166,597 116,000 Recognize that we have these dollars available for Capital Improvement
Projected cash balance 1,600,000 Recogn ze that we have these doUars available for Capital Improvement
10
AGENDA BILL
BREMERTON CITY COUNCIL
1. SUBJECT: FOR AGENDA OF:
ORIGINATING DEPT: Executive
Professional Services Agreement ORIGINATOR: Gary Sexton
MacLeod Reckord DATE SUBMITTED: 5/29/02
2. CLEARANCES: 3. EXHIBITS:
Attorney ~//~ Agreement
/~Fiscal & Budget
~YOR ~ ~ ~ COUNCIL PRESIDENT /( ~
4. S~Y STATEMENT ~D REQUIREMENT FOR CO~CIL ACTION:
MacLeod Reckord provides planning and urban design services. This
contract is for the development of a Concept Plan and Preliminary Master
Planning for the following areas: 1) Park/public areas south of First
Street and west of the Ferry Terminal (Maritime Park); 2) Park areas west
of Pacific Avenue between Burwell and First Street (PSNS); 3)
underground (ferry egress) tunnel from Transportation Center to Burwell
Street; 4) Waterfront area north of the Ferry Terminal extending to 6th
Street; and 5) A corridor extending north from 6t~ Street to Evergreen
Park, across Warren Avenue bridge, south to East Park and across the
Manette Bridge to Washington. Also included is additional work related to
the Maritime Park.
8. RECOMMENDATION:
Motion to approve Professional Services Agreement with MacLeod Reckord.
9. RESPONSIBLE OFFICIAL: Executive
ENFORCEMENT OFFICIAL: Executive
EXPIRATION DATE:12/02
REVIEW DATE: N/A
10. NOTICE OF ACTIO] ~
PULLED TABLED APPROVED DISAPPROVED
COUNCIL DIRECTIVE:
Date:
11. AGENDA BILL NO: /"-~
2. CLEARANCE COMMENTS (cont.):
4. SUMMARY STATEMENT (cont.):
5. IMPACT ON NON-PASSAGE:
We would be unable to move forward with the projects or apply for grants
and other funding.
6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES
Not to exceed $40,000.00
7. RESEARCH SOURCES:
PROFESSIONAL SERVICES AGREEMENT
MacLeod Reckord
The City of Bremerton ("City") and MacLeod Reckord, ("Contractor"), referred to
collectively as the "Parties," enter into the following Agreement for professional services:
I. Scope: The Contractor will perform services as described in Exhibit "A" to this
agreement.
II. Term: This Agreement commences on March 1, 2002 and terminates on December 31,
2002, unless another date is substituted pursuant to Sections VI. (D). or VIII.
III. Compensation: In consideration of the services provided pursuant to this Agreement, the
City shall pay Contractor an amount not to Exceed $40,000.00 pursuant to rates stated in Exhibit
"B" attached in the amount of $30,000.00 and Maritime Park Services shown in Exhibit "C"
attached in an estimated amount of $10,000.00.
IV. Relationship of Parties: Contractor is skilled in the matters addressed in the Scope of
Work and is performing independent functions and responsibilities 'within its field of expertise.
Contractor and its personnel are independent contractors and not employees of the City.
Contractor and its personnel have no authority to bind the City or to control the City's employees
and other contractors.
As an independent contractor, Contractor is responsible for its own management. The
City's administration and enforcement of this Agreement shall not be deemed an exercise of
managerial control over Contractor or its pe.rsonnel.
As an independent contractor, Contractor is responsible for payment of all taxes and
licensing fees necessary to perform its obligations under this Agreement. These taxes and fees
include but are not limited to State industrial insurance, B&O, State professional licensing, and
City business licensing. If any taxes or fees due the City have been declared delinquent, the City
may withhold the delinquent amount, plus any additional charges arising from the delinquency,
fi.om any payments due Contractor.
V. Insurance and Itold ltarmless: Prior to the commencement date of this Agreement,
Contractor shall provide Certificates of Insurance to the City's Risk Manager verifying the
following coverage: 1) a professional liability policy ("E&O") providing coverage of Two
Million Dollars ($2,000,000.00) for errors and omissions committed by Contractor while
performing its obligations under this Agreement, and 2) a comprehensive general liability
("CGL") pohcy providing coverage of at least $500,000 per occurrence and including bodily
injury and property damage. The CGL shall name the City as an additional insured. Both policies
shall remain in full force and effect, and provide coverage for the full term of this Agreement.
Insurer shall provide the Risk Manager with 30 days' written notice of any cancellation or
change of coverage of either policy.
MacLeod Reckord
Professional Services Agreement
Page 1 of 3
77
Contractor shall be solely responsible for the acts and failures to act of its personnel,
which arise in any way out of performance of this Agreement. Contractor agrees to defend,
indemnify, and hold harmless the City and its officials and employees from and against all
liability, loss, damages, and expenses, including costs and attorneys' fees, resulting from actions,
claims, and lawsuits arising or alleged to have arisen, in whole or in part, out of or in
consequence of the acts or failures to act of Contractor, its employees, its subcontractors, its'
agents, or its assigns in the performance of this Agreement. The City and Contractor have
specifically negotiated Contractor's waiver of its immunity under Title 51 RCW, which is hereby
waived for purposes of Contractor's indemnification and hold harmless of the City, including the
duty to defend. This provision shall be inapplicable to the extent such action, claim, or lawsuit is
judicially found to arise solely from the acts or failures to act of the City.
VI. General Conditions:
A. Reports and Information: When requested by the City, Contractor shall furnish
periodic reports and documents on matters covered by this Agreement. The reports and
documents shall be furnished in the time and form requested. Contractor shall maintain
accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to
substantiate all billed amounts.
B. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement
between the parties, and the Parties acknowledge that there are no other agreements, written or
oral, that have not been set forth in the text of this Agreement.
C. Severability: Should any part of this Agreement be found void, the balance of the
Agreement shall remain in full fome and effect.
D. Modification: This Agreement may only be modified by written instrument signed by
both Parties.
E. Notices: Notices shall be in writing and delivered to the following addresses:
City Address Contractor Address
City of Bremerton MacLeod Reckord
239 Fourth Street 231 Summit Ave. East
Bremerton, WA. 98337 Seattle, WA. 98102
F. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a
waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be
deemed waiver of any other right or power.
G. Compliance with Laws: Contractor shall comply with all applicable Federal, State,
and local laws in performing its obligations under this Agreement.
MacLeod Reckord
Professional Services Agreement
Page 2 of 3
H. Choice of Law and Venue: This Agreement shall be interpreted according to the laws
of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement
shall be brought in Kitsap County Superior Court.
I. Attorneys' Fees: The substantially prevailing Party in any litigation arising out of this
Agreement shall be entitled to its reasonable attorneys' fees and court costs.
VII. Nondiscrimination: Contractor shall not discriminate in employment or services to the
public on the basis of race, color, national origin, sex, religion, age, marital status, or disability,
except for employment actions based on bona fide occupational qualification.
VIII. Termination: This Agreement may be terminated, at will, by the City upon 30 days'
notice to the Contractor. The City may immediately terminate this Agreement for cause if the
Contractor substantially fails to perform and does not commence correction of the failure of
performance within five days of the City's sending notice to the Contractor. Upon termination
the City will be entitled to reports showing the status and/or all work products, independent of
their stage of completion or preparation format.
_~Leod Reckord ~ '
Terry Rgckord Date
CITY OF BREMERTON
Cary Bozeman, Mayor Date
Approved as to form:
Roger Lubovich, City Attorney
Received for Filing:
Kathleen McCluskey, City Clerk
MacLeod Reckord
Professional Services Agreement
Page 3 of 3
EXHIBIT A
BREMERTON PLANNING SERVICES
The Master Planning process will focus on a number of specific urban design, park planning.
circulation and security issues. Goals and objectives have been identified and expressed in a
variety of forums and planning documents, and specific properties/ROWs identified for
improvements. Th'e following series of sequential planning tasks will draw from, and be
coordinated with relevant plans of the City, PSNS, Kitsap Transit and other relevant agencies
and interest groups and be concurrent with a Strategic Visioning process.
These tasks are intended to result in documents/products as follows:
1. (Overall} Downtown Concept Plan
A refinement/extension of the Downtown Bremerton Implementation Plan (Calthorpe
Associates 2001).
· (Illustrated) Concept Plan for the following geographic areas of interest:
1. Park/public areas south of First Street and west of the Ferry Terminal
(Maritime Park);
2. Park areas west of Pacific Avenue between Burwell and First Street (PSNS);
3. An underground (ferry egress) tunnel from Transportation Center to Bun~ll
Street;
4. Waterfront area north of the Ferry Terminal extending to 6th Street; and
5. A corridor extending north from 6th Street to Evergreen Park, across Warren
Avenue Bridge, south to East Park and across the Manette Bridge to
Washington.
· A series of Visioning/Strategic Planning recommendations designed to advance
the planning/public process.
2. Preliminary Master Planning
Advance the planning for areas 1, 2 and 3 above.
Final Master Planning Design (future) of selected elements will follow based upon results
of 1. and 2. above:
3. Master Planning
Final master planning of elements 1. through 4. above, including more detailed
analysis, estimating, etc.
· Final (Illustrated) Master Plan(s);
· Budget-level cost estimates;
· Prioritization / phasing recommendations
· Documentation.
BREMERTON PLANNING SERVICES Page 1 of 3
MacLeod Reckord ~ ~.)
4. Final Design
Final design through implementation on selected elements will follow (2., above) as
circumstances and funding allow, including:
· SEPA Documentation;
· Final design and documentation;
· Permits (application support);
· Bidding and Construction Support.
WORK PLAN ELEMENTS (Steps 1 and 2)
1. CONCEPT PLAN:
Task 1. Project Initiation
Initiate the master planning process. Finalize details of the project scope, goals,
scheduling and task products. Identify existing/new issues and strategies for
stakeholder inclusion and public process.
Products:
1. Project scope, initial schedule;
2. Identified issues, planning documentation;
3. Initial strategic recommendations;
4. Team, staff meetings, administration.
Task 2. Existing Conditions, Opportunities and Constraints
Identify and document (in a preliminary way) existing conditions which will
influence planning decisions and which will form the basis for future, more detailed
analysis during the design process.
Products:
1. Existing conditions/context mapping;
2. Documentation;
3. Team, staff meetings, administration.
Task 3. Initial / Preliminary Concept Diagrams
Combine relevant design factors and conditions into a series/variety of potential plan
alternatives for further study and tearn/staffreview. Begin to suggest appropriate plan
components, design vernacular and issues requiring more detailed analysis/study.
BREMERTON PLANNING SERVICES Page 2 of'~
MacLeod Reckord ~ i -
Products:
1. Planning/concept diagrams;
2. Alternative concept sketches (team design 'charrette');
3. Strategic planning recommendations;
4. Team, staff meetings, administration.
Task 4. Concept Plan
Develop a Concept Plan that focuses on further defining the feasibility, character and
extent of previously diagrammed components. Continue to evaluate the emergent
plan in the context of current and on-going planning efforts among various relevant
stakeholders. Planning will include production of illustrative (rendered) graphic
documentation/plans, budget level cost estimates, recommendations for issues/areas
of more detailed focus and analysis, and suggestions/strategies for eventual public
participation.
Products:
1. Final (illustrated) Concept Plan;
2. Illustrative sketches;
3. Budget-level cost estimate(s);
4. Final strategic planning recommendations;
5. Participation in appropriate public/staff review process;
6. Team, staff meetings, administration.
2. PRELIMINARY MASTER PLANNING:
Task 5. Preliminary Master Plan(s)
Evaluate, through the consultant team, the existing conditions, opportunities and
constraints (architectural, traffic engineering, regulatory/permitting, etc.) in a more
detailed analysis.
Refine the site planning and estimating for areas 1., 2. and 3. described above based
upon thorough analysis and evaluation of alternative concepts.
Develop Preliminary Master Plan(s), including illustrative graphics, cost estimates,
recommendations for phasing/prioritization, etc. Circulate for staff/public review.
Products:
1. Detailed Preliminary Master Plan(s) for three sites;
2. Illustrative/presentation graphics including preliminary site design, material
recommendations, etc.
3. Refined cost estimate(s);
4. Phasing/implementation recommendations;
5. Participation in staff, public review process;
6. Team, staff meetings, administration.
BREMERTON PLANNING SERVICES Page 3 of 3
MacLeod Reckord ~ ,~
EXHIBIT B
MacLeod Reckord
Bremerton Planning Services
April 2002
FEE DERIVATION
PR SR LA DR C
Following is an estimate of man-hours by task,
rates and resultant fees:
CONCEPT PLAN PHASE:
TASK 1. PROJECT INITIATION
1.01 Final Work Plan, Schedule
Includes team/staff communications,
draft schedules, coordination, etc.
1.02 Data Collection / Background
1.03 Team Meetings, coordination 3
1.05 Owner Meetings, Stakeholder Input, etc. 3
1.06 Project Administration 1 2 2
Subtotal hours: 7 3 2
Rate: 115.00 85.00 70.00 65.00 45.00
Subtotal fee: 805.00 255.00 - 90.00 1,150
TASK 2. EXISTING CONDITIONS / ANALYSIS
2.01 Previous Plans, Comprehensive Plan, 1 2
concurrent planning, etc.
2.02 Security Criteria (PSNS) I 1
2.03 Program Development 1 2
2.04 Team Coordination
2.05 Owner / Staff Meetings 2 1
2.06 Project Administration I 2
Subtotal hours: 5 8 2
Rate: 115.00 85.00 70.00 65.00 45.00
Subtotal fee: 575.00 680.00 - 90.00 1,345
TASK 3. PRELIMINARY (ALTERNATIVE) CONCEPTS
3.01 Program Review, Finalization 1
3.02 Site Visits t
3.03 Alternative Plan Concepts 16 12 4 4
diagrams, illustrations
3.04 Comparative Evaluation, Prioritizations I 1
3.05 Team Meetings, Coordination 2
3.06 Owner / Staff Meetings 3
3.07 Project Administration 1 1 2
Subtotal hours: 22 17 4 4 2
Rate: 115.00 85.00 70.00 65.00 45.00
Subtotal fee: 2,530.00 1,445.00 280.00 260.00 90.00 4,605
PR: Principal; SR: Project Manager; DR: Design Staff; C: Cle,'ica! ~ !~ ! of 2
MacLeod Reckord
Bremerton Planning Services
April 2002
FEE DERIVATION
PR SR LA DR C
TASK 4. CONCEPT PLAN
4.01 Final Planning 3 3 2
4.02 Team Meetings, Coordination
4.03 Presentation Plan 2 2 4
illustrations, sketches, etc.
4.04 Cost Estimating 1 3 3
4.05 Owner / Staff Meeting (s) 2
4.06 Public Meeting / Presentation (1) 3 3
4.07 Project Administration 1 1 3
Subtotal hours: 12 12 6 3 4
Rate: I 15.00 85.00 70.00 65.00 45,00
Subtotal fee: 1,380.00 1,020.00 420.00 195.00 180.00 3.195
Task 1 through 4 SUBTOTAL: 10,295
TASK 5. PRELIMINARY MASTER PLANNING
5.01 Final Programming 2 2 1
5.02 Data Collection, misc. 1 4
5.03 Preliminary Planning 20 26 4 2
5.04 Cost Estimates 1 4 4 2
5.05 Recommendations, Prioritizations 2 2
5.06 Team Meetings, coordination 2 4
5.07 Owner / Staff Meetings 3 6
5.08 Public Meetings (1) 4 4 4
illustrations, sketches, etc.
5.09 Project Administration 1 2 3
Subtotal hours: 35 51 4 14 6
Rate: 115.00 85.00 70.00 65.00 45.00
Subtotal fee: 4,025.00 4,335.00 280.00 910.00 270.00 9,820
Task 5 SUBTOTAL: 9,820
Direct Expenses: 260
Administration: 875
MacLeod Reckord Fees: 20,115
Subconsultant Fees: 8,750
TOTAL FEES: $ 30,000
PR: Principal; SR: Project Manager; DR: Design Staff' C: Clerical
000'0t~$ OOZ:' I OOg'~ O0~'E Og9'! O~i~'IE :$~t~IA qV.LO.LI
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g~ 001 001 g21 :sosuadx~
g61 'g g6 I'g U"ld ldoauoD 'g
g0g'L 009 006 00~'l g09'P (,alla~.qo,) sldaouoD ~u~m[la~d '~
000' I O00'l ~u~uols[A o~olgdlS 'g
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~Vqd &d~D~OD
solepossv
[el°lqns (q~n°II°O°N) u°saapuv ddd~ ol~u~ds
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~emmns
S~IA~S DMI~Vqd ~O~H~~
II IHX3
EXHIBIT "C"
MARITIME PARK
Preliminary Scope 5/02
Following are the probable necessary pre-design, design and construction steps to implement
Maritime Park. These are based upon current preliminary knowledge, and are likely to change/be
refined over time. ~It is assumed that the site will be "clean" (cleared, demolished and haz-mat
free) upon transfer to the City.
PRE-DESIGN/INITIAL STUDIES
Site Survey
Topography, site features, utilities, boundary points, setbacks, etc.
Utility Analysis
Sewer assessment, fire flow, H20, storm drainage, etc.
Geotechnical Analysis
Test borings, bearing capacities, etc.
Environmental Studies
Shoreline
CONCEPT PLANNING (underway)
Programming
Concept Studies/preliminary planning
MASTER PLANNING
Program Refinement
Alternative(s) Analysis/Evaluation
Master Planning
Illustrations, documentation, costing, phasing recommendations, etc.
Grant Application Assistance
ENVIRONMENTAL/PERMITTING
SEPA
EA, Checklist
WDFW HPA
WADOE/Shoreline
Site Development (local)
Grading, building, drainage, etc.
Other
IMPACT MITIGATION DESIGN
PUBLIC INVOLVEMENT PROCESS
Public Notification, Press, mailings, etc.
Stakeholders Meetings
Agency Coordination
Workshop£/Community Meetings / Open House(s)
Boards/Committees
Parks, etc.
Public Hearings (Council, SEPA, etc.)
PROJECT DESIGN
Schematic Design
Program finalization
Schematic layout/design
Illustration/Documentations
Preliminary cost estimates
Agency coordination, staff review, etc.
Design Development
Refined design, layout
Material evaluation, preliminary detailing
Documentation, costs, etc.
Agency coordination, staff review, etc.
Construction Documents
Final Plans
Specifications/bid documents
Final estimates
Agency/staff coordination
PROJECT BIDDING/CONTRACTING
Pre-Bid Conference
Bid Evaluation/Recommendations
Contract Award/Notice to Proceed
CONSTRUCTION SUPPORT
Construction Management/Support
Testing
Inspection/Acceptance
Final Documentation
The folloxving professional disciplines will likely be necessary participants on the Design Team:
Landscape Architecture (TEAM LEAD)
Team management, project design, coordination
Surveyors*
Geotechnical Engineers*
Environmental Scientists/Permitters
Architects
Engineers
Civil
Structural
Electrical
Mechanical
Traffic Engineers
*may be contracted independently by City
AGENDA BILL
BREMERTON CITY COUNCIL
1. SUBJECT: Public hearing and Resolution FOR AGENDA OF: Au.qust 14, 2002
#2871 on adopted moratorium on applications DEPT. OF ORIGIN: DCD (~,/'.~
for off-premises signs ORIGINATOR: Chri~-uu.qo, Dire
DATE SUBMITTED: Au.qust 7, 2002
2. CLEARANCES: (comment on back if necessary) 3. EXHIBITS:
DCD Director: (~(~U' ~ ~ Resolution
City Attorney: ~
City Clerk: ~' ~tV~'~~ ' C'~
Fiscal & Budget Council Comm.: 7/17/02 ~
Operations Comm.' 7/17/02 o
·
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
There are no provisions in the code for off premises signs, defined as signs that advertise a business,
profession, product, event, activity, or service that is not related to a use or activity conducted or offered
on the premises or at the location where the sign is located. There is a need for an off premises signs
ordinance to protect the public's interest in maintaining the aesthetics of the community, because in
many cases these types of signs contribute to visual clutter.
In response to this, the Council passed a moratorium on applications for off-premises signs on 7/24/02
to provide up to six (6) months to conduct a public process to create the necessary siting and design
standards. The Council action included a commitment to hold a required public hearing on the
moratorium within 60 days of passage.
5. RECOMMENDATION:
Move to pass Resolution # 2871 to continue the moratorium on applications for off-premises signs.
6. RESPONSIBLE OFFICIAL: Christopher R. Huqo
ENFORCEMENT OFFICIAL: Christopher R. Huqo
EXPIRATION DATE:
REVIEW DATE:
7. NOTICE OF ACTION
PULLED_ TABLED_ APPROVED_ DISAPPROVED_ AMEND
COUNCIL DIRECTIVE: DATE:
8. AGENDA BILL NO:
9. CLEARANCE COMMENTS
10. IMPACT ON NON-PASSAGE:
If the proposed resolution is not passed, the City will continue to receive applications that it has
very little regulatory criteria with which to evaluate, and those applications may result in land uses
that have undesirable impacts on public health, safety and welfare.
'11. IMPACT ON STAFFING~ BUDGETS~ FACILITIES~ EQUIPMENT OR OTHER RESOURCES:
The proposed resolution will create no operational changes for the City.
12. RESEARCH SOURCES:
Comprehensive Plan
Zoning Ordinance
Revised Code of Washington
Washington Administrative Code
RESOLUTION NO. 2871
A RESOLUTION of the City Council of the City of
Bremerton, Washington, adopting findings of fact and continuing a
moratorium on the acceptance of applications for any building,
land use, or development permit or approval for off-premises signs
within the City of Bremerton.
WHEREAS, RCW 35.63.200 authorizes cities to adopt moratoriums, provided a
public hearing is held within sixty days of adoption; and
WHEREAS, on July 24, 2002, the City Council adopted Resolution No. 2868
imposing a moratorium barfing acceptance or approval of any building, land use, or development
permit for off-premises signs within the City of Bremerton until additional review has been
completed and any necessary code revisions have been adopted by the City Council on the issue
of off-premises signs within the City of Bremerton; and
WHEREAS, RCW 35.63.200 provides that a city adopting a moratorium shall
adopt findings of fact immediately after the public heating held within sixty days of adoption of
the moratorium; and
WHEREAS, a public hearing was held on August 14, 2002, before the Bremerton
City Council; and
WHEREAS, the City Council has considered written comments and public
testimony and finds it is in the best interest of the City of Bremerton to continue the moratorium
for the protection of the health, safety, and general welfare of the community; NOW
THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON
DOES HEREBY RESOLVE AS FOLLOWS:
Off-Premises Signs
Moratorium Continuation
SECTION 1. Recitals and Finding of Fact Incorporated. The recitals and
findings of fact set forth in this resolution are hereby incorporated as if fully set forth herein.
SECTION 2. Findings of Fact. The City Council hereby adopts the following
findings of fact:
1. The City Council is currently reviewing its policies under the zoning code with
regard to the zoning and placement of off-premises signs in the City of Bremerton identified
herein as signs that contain a message or directs attention to a business, profession, product,
event, activity, or service that is not related to a use or activity conducted or offered on the
premises or at the location where the sign is located, excluding official road directional signs and
includes the sign face(s) that contain(s) the message or direction noted above, as well as the pole
or other structure upon which the sign face is attached (hereinafter "off-premises signs"); and
2. A number of off-premises signs are currently located in the City of Bremerton and
there is a possibility that the City could, in the near future, receive more applications for off-
premises signs that would significantly increase the number of such signs located within the
City; and
3. The City Council is concerned about the potential impacts that such signs may
create that would be detrimental to public health, safety, and general welfare of the citizens of
the City of Bremerton; and
4. The Bremerton Municipal Code does not contain regulations to adequately
address the various impacts that off-premises signs present and the protection of the public
health, safety, and general welfare would be jeopardized by the continued establishment of such
signs prior to a review of the matter and possible adoption of new regulations by the City
Council; and
5. The citizens of Bremerton would be well-served if the City more fully addressed
and understood the potential impacts in the form of health, safety, economic, hazards to traffic,
and aesthetic impacts these signs impose upon neighboring properties and the community as a
whole; and
Off-Premises Signs
Moratorium Continuation
6. The City needs time to review existing information on the affects of these signs
and to review the Bremerton Municipal Code in a comprehensive fashion to determine whether it
sufficiently addresses the impacts of such uses; and
7. The protection of the health, safety, and welfare supports imposing a moratorium
on the acceptance of all applications for issuance of any building, land use, or development
permit or approval under the Bremerton Municipal Code for off-premises signs until additional
review has been completed and any necessary code revisions have been adopted by the
Bremerton City Council; and
8. The City Council understands that communication displayed by off-premises
signs may be protected by the First Amendment of the U.S. Constitution and/or Article I, Section
5 of the Washington State Constitution; and
9. The City Council does not intend by this resolution to impermissibly infringe
upon any protected free speech rights; and
10. RCW 35.63.200 authorizes cities to adopt moratoriums provided a public hearing
is held within sixty (60) days of adoption; and
11. The purpose of this moratorium is to provide time in which the City Council may
study its existing code, ordinances, and the impacts of such uses, during this moratorium period;
determine whether any additional, reasonable regulation is necessary to mitigate the impacts; and
prepare for adoption of permissible restrictions to regulate such uses.
SECTION 3. Continuation of Moratorium. Based on the findings of fact
adopted in Section 2, the City Council hereby determines that it is necessary for the moratorium
enacted in Resolution No. 2868 to remain in effect for the entire six month period set forth in
said resolution. Accordingly, the moratorium shall not expire until midnight on January 23,
2003, unless the moratorium is shortened or extended by action of the City Council or until the
effective date of any ordinance establishing new regulations governing off-premises signs, which
ever is sooner. During said moratorium, no building, land use, or development permit or
approval shall be issued, nor shall any such permit or application be accepted for any land use
permit or approval for the purpose of off-premises signs within the City of Bremerton.
Off-Premises Signs
Moratorium Continuation
SECTION 4. Severabiliw. 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 5. 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\Off-Premises Signs Moratorium Extension.doc
Off-Premises Signs
Moratorium Continuation
AGENDA BILL
BREMERTON CITY COUNCIL
1. SUBJECT: Public hearing and Resolution FOR AGENDA OF: August 14, 2002
#2872 on adopted moratorium on applications DEPT. OF ORIGIN: DCD [~f,,~,~,~
for wireless communications facilities ORIGINATOR: Chris Huqo, Direc
DATE SUBMITTED: August 7, 2002
2. CLEARANCES: (comment on back if necessary) 3. EXHIBITS:
DCD Director: /!4,~.,(,(,,~~ (~ __ _- Resolution
City Attorney: ~~'~'
City Clerk: -,~,~1~.. ~ t
Fiscal & Budget Council Comm.J 7/17/02
Operations Comm.: 7/17/02 ~'_~.._.~~
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
Staff has received several applications for wireless communications facilities (towers, antennae) this
year. More applications are anticipated. Because there is very little language in the Comprehensive
Plan and no standards in the Zoning Code to guide the permitting and siting of wireless facilities, it is
difficult to regulate these facilities in a consistent manner. In addition, applications that are handled
administratively in other jurisdictions must be handled as Special Use Permits in Bremerton due to
the City's lack of detailed regulations. (continued on next page)
5. RECOMMENDATION:
Move to pass Resolution # 2872 to continue the moratorium on applications for wireless
communications facilities.
6. RESPONSIBLE OFFICIAL: Christopher R. Huqo
ENFORCEMENT OFFICIAL: Christopher R. Huqo
EXPIRATION DATE:
REVIEW DATE:
7. NOTICE OF ACTION ~'~~
PULLED_ TABLED_ APPROVED_ DISAPPROVED_ AMEN
COUNCIL DIRECTIVE: DATE:
8. AGENDA BILL NO: '~ '
4. SUMMARY STATEMENT (cont.)
There is a need for a wireless communication facilities ordinance, both to give applicants some
predictability in the permitting process, and to protect the public's interest in maintaining the
aesthetics of the community, because in many cases the public feels that these facilities are
unsightly. In response to this need, the Council approved a moratorium on 7/24/02 on applications
for wireless communications facilities to provide up to six (6) months to conduct a public process to
create the necessary siting and design standards. The Council action included a commitment to hold
a required public hearing on the moratorium within 60 days of passage.
9. CLEARANCE COMMENTS
10. IMPACT ON NON-PASSAGE:
If the proposed resolution is not passed, the City will continue to receive applications that it has
very little regulatory criteria with which to evaluate, and those applications may result in land
uses that have undesirable impacts on public health, safety and welfare.
11. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES:
The proposed resolution will create no operational changes for the City.
12. RESEARCH SOURCES:
Comprehensive Plan
Zoning Ordinance
Revised Code of Washington
Washington Administrative Code
RESOLUTION NO. 2872
A RESOLUTION of the City Council of the City of
Bremerton, Washington, adopting findings of fact and continuing a
moratorium on the acceptance of applications for any building,
land use, or development permit or approval for the purpose of
siting and/or development of wireless communication facilities
within the City of Bremerton.
WHEREAS, RCW 35.63.200 authorizes cities to adopt moratoriums, provided a
public heating is held within sixty days of adoption; and
WHEREAS, on July 24, 2002, the City Council adopted Resolution No. 2867
imposing a moratorium barring acceptance for any building, land use, or development permit of
approval for the purpose of siting and/or development of wireless communication facilities
within the City of Bremerton until additional review has been completed and any necessary code
revisions have been adopted by the City Council on the issue of wireless communication
facilities within the City of Bremerton; and
WHEREAS, RCW 35.63.200 provides that a city adopting a moratorium shall
adopt findings of fact immediately after the public heating held within sixty days of adoption of
the moratorium; and
WHEREAS, a public heating was held on August 14, 2002, before the Bremerton
City Council; and
WHEREAS, the City Council has considered written comments and public
testimony and finds it is in the best interest of the City of Bremerton to continue the moratorium
for the protection of the health, safety, and general welfare of the community; NOW
THEREFORE,
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IVCF Moratorium Continuation
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Recitals and Finding o_f Fact Incorporated. The recitals and
findings of fact set forth in this resolution are hereby incorporated as if fully set forth herein.
SECTION 2. Findings o_fFact. The City Council hereby adopts the following
findings of fact:
1. The Federal Telecommunications Act of 1996 (Pub. L. No. 104-104, 110 stat. 56,
31-136, hereinafter the "Act") was designed to remove regulatory barriers and encourage
competition among all types of communication companies; and
2. The Act ratifies the authority of local governments to regulate
telecommunications services and carriers, but also limits local government's authority in certain
respects; and
3. The City Council is currently reviewing its policies with regard to the zoning and
placement of wireless communication facilities as defined in RCW 35.99.010 (hereinafter
"wireless communication facilities" or "facilities") in the City of Bremerton; and
4. The City is facing an increasing number of applications for construction of
wireless telecommunication facilities within the City and the City has not yet adopted a
comprehensive telecommunications siting and design ordinance; and
5. The City must adopt ordinances, policies or plans for dealing with the inflow of
telecommunication facilities to the City that will potentially deal with issues relating to the siting
and development of these facilities, including, but not limited to, the following:
Zoning
· Clustering of facilities
· Collocation, development standards, visual impact mitigation, noise, tower
construction; and
6. In order to properly adopt the policies, plans and an ordinance to deal with these
facilities the City must have a period of time within which to research its options and prepare an
ordinance without the influx of new applications; and
7. Since the City does not currently have sufficient regulations to properly regulate
the siting and development of wireless telecommunication facilities, the enactment of a
2
~ ~ WCF Moratorium Continuation
moratorium on processing applications prior to holding a public hearing is necessary to protect
the public health and welfare of the community: and
8. Because the Bremerton Municipal Code does not adequately address the various
impacts that wireless communications facility uses present, and the protection of the public
health, safety, and general welfare would be jeopardized by the establishment of such facilities
prior to a review of the matter and possible adoption of new regulations by the City Council; and
9. The citizens of Bremerton would be well-served if the City more fully addressed
and understood the potential impacts in the form of health, safety, economics, hazards to traffic,
and aesthetics these facilities impose upon neighboring properties and the community as a
whole; and
10. The City needs time to review existing information on the effects of these
facilities and to review the Bremerton Municipal Code in a comprehensive fashion to determine
what necessary code revisions are necessary to addresses the impacts of such uses; and
11. The City Council finds that the protection of the health, safety, and welfare
supports imposing a moratorium on the acceptance of all applications for any building, land use,
or development permit or approval under the Bremerton Municipal Code for the purpose of
siting and/or development of wireless communication facilities within the city of Bremerton until
additional review has been completed and any necessary code revisions have been adopted by
the Bremerton City Council; and
12. RCW 35.63.200 authorizes cities to adopt moratoriums provided a public heating
is held within sixty (60) days of adoption; and
13. A moratorium of the zoning and placement of wireless communication facilities is
subject to the limitations of RCW 35.99.050; and
14. The purpose of this moratorium is to provide time in which the City Council may
study its existing code, ordinances, and the impacts of such uses, during this moratorium period;
determine what, if any, reasonable regulation is necessary to mitigate the impacts; and prepare
for adoption of permissible regulations to regulate such uses.
SECTION $. Continuation o_fMoratorium. Based on the findings of fact
adopted in Section 2, the City Council hereby determines that it is necessary for the moratorium
enacted in Resolution No. 2867 to remain in effect for the entire six month period set forth in
3
~ ~ }VCF Moratorium Continuation
said resolution. Accordingly, the moratorium shall not expire until midnight on January 23,
2003, unless the moratorium is shortened or extended by action of the City Council or until the
effective date of any ordinance establishing new regulations governing wireless communication
facilities, which ever is sooner. During said moratorium, no building, land use, or development
permit or approval shall be issued, nor shall any such permit or application be accepted for any
land use permit or approval for the purpose of siting and/or development of wireless
communication facilities within the City of Bremerton.
SECTION 4. Severabili~_. 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 $. 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:'xLEGAL\Resolutions\WCF Moratorium Extension.doc
4
/ ~ }VCF Moratorium Continuation
MOTION
1. Move to authorize the City Attorney to enter into any
agreements, stipulations, findings and/or orders to settle the matter
of Kitsap County Central Communications v. City of Bremerton,
Kitsap County Superior Court Cause No. 02-2-02131 1, allowing
the development of a wireless emergency communications tower
of 240 feet plus antenna height of 20 feet at the proposed Gold
Mountain site.