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HomeMy WebLinkAbout03/14/01 AGENDA CITY COUNCIL MEETING AGENDA MARCH 14, 2001 1. PRE-COUNCIL STUDY SESSION: 5:00 - 5:30 P.M. A. General Council Business 2. CALL TO ORDER: 5:30 P.M. A. Pledge of Allegiance B. Invocation 3. CONSENT AGENDA ¢~__..~ A. Bid Acceptance for Purchase of 2 Infield Grooming Machines (#AB01-061) B. Inter-local Purchasing Agreement with the City of Everett (#AB01-062) C. Aquatic Weed Management Fund Grant Agreement (#AB01-063) 4. CLAIMS/CHECK REGISTERS 5. COUNCIL MEMBER REPORTS 6. MAYOR'S REPORT 7. LEGISLATIVE REPORT 8. PUBLIC RECOGNITION - (Comments limited to 3-minutes) 1 9. NEW BUSINESS A. U.S. Department of Justice Local Law Enforcement Block Grant (#AB01-064) 10. PUBLIC HEARING - ORDINANCES A. Ordinance No. 4760 (Second Reading), Approving an Inter-local Agreement with the c~ Tracyton Water District; and Waiving the Provisions of BMC 15.02.040 (#AB01-060) 11. PUBLIC HEARING - ORDINANCES A. Resolution No. 2804, Recovery of Demolition Fees for the Abatement of a Dangerous Building on the Property located at 808-½ Chester Avenue (#AB01-065) B. Resolution No. 2805, Recovery of Fees for the Abatement of Garbage and Debris on the ~.~ Property located at 108 N. Cambrian Avenue (#AB01-066) TH~ CiTY COUNCIL FOLLOWING T~,H, ~S MEETING FOR A~ESENTA TION ON THE BREMERTON FIRE AGENDA BILL BREMERTON CZ'I'Y COUNCIL 1. SUB.1ECT: Bid Acceptance FOR AGENDA OF: March 14~ 2001 ORZGINATLNG DEPT: PW&U Equipment Services ORIGINATOR: Jim Orton DATE SUBMITTED: March 07, 2001 2. CLEARANCES: (Comments on bac_k, ..,,-j 3. EXHIBITS: Bid Tabulation Director, PW & Utilities ( '~ ~ --[- ~,- _ City Treasurer Fin. & Budget Comm. Operations Comm. ~--z¢~ ENDORSEMENT~ INFORMATION [] APPROVED BY COUNCIL PRESIDENT FOR SUBMI'rI'AL: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The City of Bremerton, Equipment Services Division, on behalf of Parks Department, sent out for mail bids for two (2) ball park infield grooming machines per RCW and City of Bremerton Purchasing Policies. We received one (1) bid from Western Equipment Distributors for two (2) Torro IP3020 grooming machines at a cost of $10,850.00 each. Total package cost is $23,566.20 (including tax). These replace two (2) John Deere ::[200 infield machines, which are no longer cost effective to maintain. Expenditure for these vehicles is authorized through ERR and 2001 approved budget. 5. RECOMMENDATION: To accept Bid proposal from Western Equipment Distributors as written authorizing purchase of two (2) Torro [P3020 infield grooming, machines at a total cost of $23,566.20. 9. RESPONSIBLE OFFICIAL: Director of Public Works and Utilities ENFOR(;:EMENT OFFI(;:IAL: Fleet Manager EXPIRAT[0N DATE: REVIEW DATE: 10. NOTTCE OF ACTLON PULLED [] TABLED [] APPROVED [] DISAPPROVED [] AfB~EDA COUNCIL OlREC'I~VE: 11. AGENDA BILL NO.: 0 / ~ ~*~ 6 / 2. CLEARANCE COMMENTS: 4. SUMMARY STATEMENT AND REQUZREMENT FOR COUNCIL AcT/ON - Continuation: 6. :IMPACT ON NON-PASSAGE: Non-passage would increase maintenance and operation costs on the existing equipment. 7. IMPACT ON STAFFING, BUDGETS, FACILITTES, EQUIPHENT AND OTHER ltF$OURC;_$: 8. RESEARCH SOURCES: City of Bremerton Purchasing Policies and Procedures, RCW. PROPOSAL Make of ro~l )sed Units (Manufacturer) "~0 Model o ~osed Units '~"/:> Cost of Proposed Units (excluding Sale, s Tax) Washington State Sales Tax % '~, ~ Total Cost $ ~__~) 5(~.~'~ Amount in Words Signed Company Date Februa~f 1, 2001 City of Bremefton - IM Page 18 CITY OF BREMERTON BID TABULATION ~~..~ ~~,.~_ DATEOPENED:~'~:~]Ot/.~:P/ .TIME OPENED: :~..:©~.~.. RECORDED BY ~,¢~ L-[~b~,,J ~-~1 BOND . ~DDER R~c'~r ITEM 1 ITEM 2 ITEM 3 ITEM 4 IIEM 5 HE'I' fill-) lAX -I-OTAL / .,-., /' SUMMARY I TOTAL BID i COMMENTS AGENDA BI'LL BREMERTON CITY COUNCIL 1. SUB3ECT: Inter-governmental FOR AGENDA OF: March 14, 2001 purchasing agreement ORIGINATING DEPT: PW&U Equipment Services ORIGINATOR: Jim 0rton DATE SUBMITTED: March 07, 2001 2. CLEARANCES: (Comment on back,/~ 3. EXHIBITS: Tnter-local Agreement _ Director, PW & Utilities ~0~d~urchasing City Treasurer City Attorney Fin. & Budget Operations Comm. ENDORSEMENT~ INFORMATION [] APPROVED BY COUNCIL PRESIDENT FOR SUBMTrrAL: MAYOR 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The City of Bremerton Public Works and Utilities is replacing a backhoe, which no longer fits the prerequisite for service in the fleet. The City of Everett has sent out bids, and has purchased a backhoe meeting the City's requirements. We wish to "piggyback" off of this bid per RCW Chapter 39, and purchase a similar piece of equipment. To accomplish this, we need the City Council's approval of the Agreement. S. RECOMMENDAT~0N: To approve Inter-local Purchasing Agreement with the City of Everett as written. 9. RESPONSIBLE OFFICIAL: Director of Public Works and Utilities ENFORCEMENT OFFICIAL: Fleet Manager EXPIRATION DATE: REVIEW DATE: 10. NOT~CE OF ACTION PULLED [] TABLED [] APPROVED [] DISAPPROVED COUNCIL DIRECTTVE: 11. AGENDA B,LL NO.: 2. CLEARANCE COMMENTS: 4. sUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION - Continuation' 6. IMPACT ON NON-PASSAGE: Non-passage would force us to send bids out for purchase. This would lengthen the time and most likely increase the cost of the backhoe. 7. IMPACT ON STAFFING, BUDGETS, FACILIT]:ES, EQUIPMENT AND OTHER RESOURCE.C;: The immediate impact would be the costs associated with researching, writing, and distributing the bids. 8. RESEARCH ~OURCES: City of Bremerton purchasing policies and procedures, RCW Chapter 39, and City of Everett purchasing policies. INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT Pursuant to Chapter 39.34 RCW and to other applicable laws, CITY OF BREMERTON and, THE CITY OF EVERETT, both political subdivisions of the State of Washington, hereby agree to cooperative governmental purchasing upon the following terms and conditions: 1. This Agreement pertains to bids and contracts for supplies, material, equipment, or services that may be required from time to time both by CITY OF BREMERTON and the City of Everett. 2. Each of the parties from time to time goes out to public bid and contracts to purchase supplies, material, equipment, and services. Each of the parties hereby agrees to extend to the other party the right to purchase pursuant to such bids and contracts to the extent permitted by law, and to the extent agreed upon between each party and the bidder, contractor, vendor, supplier, or service provider. 3. Each of the parties shall comply with all applicable laws and regulations governing its own purchases. 4. Each of the parties shall contract directly with the bidder, contractor, vendor, supplier, or service provider, and pay directly in accordance with its own payment procedures for its own purchases. Each party will indemnify and hold the other party harmless as to any claim arising out of its participation in this Agreement. 5. Any purchase made pursuant to this Agreement is not a purchase from either of the parties. This Agreement shall create no obligation to either of the parties to purchase any particular good or service, nor create to either of the parties any assurance, warranty, or other obligation from the other party with respect to purchasing or supplying any good or service. 6. No separate legal or administrative entity is intended to be created pursuant to this Agreement. No obligation, except as stated herein, shall be created between the parties or between the parties and any applicable bidder or contractor. 7. The FINANCE DIRECTOR of CITY OF BREMERTON and the Purchasing Manager of the City of Everett shall be representatives of the entities for carrying out the terms of this Agreement. 8. This Agreement shall continue in force until canceled by either party, which cancellation may be effected upon receipt by one of the parties of the written notice of cancellation of the other party. INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT (Cont.) APPROVED this day of APPROVED this /t4~'~ day of ,20 V~.k..,~.. ,20 o~. CITY OF BREMERTON CITY OF/2EVERETT Lynn S. Horton j -' Ed'~ard D. l~Ia.~nsen .. ....... 7 .......... . Not~ Public in ~d for the State of Not~y Publi~d for tke State of Washington, residing at Washington, residing at ~. :':~ My commission expires '. My commission expires APPROVED AS TO FORM: APPROVED AS TO FORM: Name: Mark Soine Title: City Attorney ATTEST: ATT~'S/T: Name: Sharon Marl~s Title: City Clerk AGENDA BILL BREMERTON CITY COUNCIL SUBJECT:DOE Aquatics Weeds Management FOR AGENDA OF: March 14, 2001 Grant Agreement ORIGINATING DEPT: Parks & Recreation ORIGINATOR: Becky Lorber, Rec. Prog. II DATE SUBMITTED: March 7, 2001 2. CLEARANCES: 3. EXHIBITS: (Comment on back ifneaessary~3v..~ / ,~ a_ (~ 1. Grant Agreement from DOE Parks & Recreation Directo~~/L3~. City Treas4r: ,~~~~~~' /2~ 5~ City Attorne~~/~~ Fiscal & Budget Committee: ~ Operations Committee: ~ ENDORSEMENT,/~ INFORMATION APPROVED BY COUNCIL~NT FOR SUBMITTAL: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The City of Bremerton has received a DOE Aquatic Weed Management Grant. This grant funds the implementation of the three primary recommendations of the Kitsap Lake Integrated Aquatic Plant Management Plan completed in June 1999. These three recommendations include: 1. Control "weed creep" in the southern portion of Kitsap Lake through application of Rodeo (or equivalent product) to fragrant water lilies; 2. Install bottom barrier fabric in the swimming area in front of the City of Bremerton Park property; and 3. Implement an aggressive educational program to users and residents of Kitsap Lake aimed at preventative measures that focus on ways to ensure the on-going health of Kitsap Lake. This grant provides 75% of the cost ($31,500) with the other 25% ($10,500) to be provided by the City of Bremerton, either as cash and/or in-kind services including equipment, labor, and volunteers. 8. RECOMMENDATION: Motion to authorize the Mayor to sign the Aquatic Weed Management Fund grant agreement. 9. RESPONSIBLE OFFICIAL: Parks Director ENFORCEMENT OFFICIAL: Parks Director EXPIRATION DATE: REVIEWDATE: ~ F' PULLED TABLED__ APPROVED DISAPPROVED COUNCIL DIRECTIVE: DATE: 2. CLEARANCE COMMENTS: IMPACT OF NON-PASSAGE: The City will not be able to accept the DOE grant dollars and will be unable to implement the recommendations of the Aquatic Weed Management Plan, allowing the water lilies to continue to creep into the recreational water use areas, and limit and/or prevent the use of the swim area at Kitsap Lake Park. 6. IMPACT ON STAFFING~ BUDGETS~ FACILITIES~ EQUIPMENT OR OTHER RESOURCES: This grant project will not significantly impact staffing, maintenance and operations activities. The Department can absorb related costs within its current budget. 7. RESEARCH SOURCES: STATE OF WASHINGTON DEPARTMENT OF ECOLOGY P.O. Box 47600 · Olympia, Washington 98504-7600 (360) 407-6000 · TDD Only (Hearing Impaired) (360) 407-6006 February20,2001 Ms. Becky Lorber City of Bremerton Bremerton Parks and Recreation 1140 Nipsic Bremerton, WA 98310 Dear M_s. ~/~rbe~k'r-.(~J Enclosed, for signature, are three copies of the Kitsap Lake grant agreement. Please have your Park and Recreation Director sign and date all three agreements before returning all three to Ecology for Megan White's signature. When the grant is fully signed, one signed agreement will be returned to you for your records. You may begin incurring eligible expenses to the grant agreement when the grant is fully signed. I look forward to working with you on this grant project. If you have any questions, please contact me at (360) 40%6562 or by electronic mail at kham461 @ecy.wa. gov. Sincerely, Kathy Hamel Project Manager KSH:ksh Enclosure cc: Project Files AQUATIC WEEDS MANAGEMENT FUND GRANT AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND THE CITY OF BREMERTON THIS is a binding agreement entered into by and between the state of Washington, Department of Ecology, hereinafter referred to as the "DEPARTMENT" and the city of Bremerton, hereinafter referred to as the "RECIPIENT." The purpose of this agreement is to provide funds to the RECIPIENT to carry out the activities described herein. PART I. GENERAL INFORMATION Project Title: Kitsap Lake Water Quality Improvement Project Grant Number: G0100128 RECIPIENT Name and Address City of Bremerton Bremerton Parks and Recreation 1140 Nipsic Bremerton, WA 98310 RECIPIENT Contact Becky Lorber Telephone Number: (360) 478 - 5357 E-Mail Address: Iorber @ ci.bremerton.wa RECIPIENT Federal ID Number: 91-6001231 DEPARTMENT Address: Water Quality Program Washington State Department of Ecology P.O. Box 47600 Olympia, WA 98504-7600 DEPARTMENT Project Manager: Kathy Hamel Telephone Number: (360) 407. 6562 Fax Number: (360) 407. 6426 E-Mail Address: kham461@ecy.wa.gov DEPARTMENT Funding Source: Aquatic Weeds Management Fund Total Cost $42,000 Total Eligible Cost $42,000 City of Bremerton Kitsap Lake Water Quality Improvement Project Grant No. G0100128 DEPARTMENT Share $31,500 RECIPIENT Share $10,500 DEPARTMENT Maximum Percentage: 75 percent The effective date of this grant agreement shall be the date this agreement is signed by the DEPARTMENT's Water Quality Program Manager. Any work performed prior to the effective date of this agreement without prior written authorization will be at the sole expense and risk of the RECIPIENT. This agreement shall expire no later than February 1, 2004. PART Il. PROJECT DESCRIPTION At the height of the summer season Kitsap Lake has a problem with aquatic plants all around the lake. The most serious problem is the area to the south of an imaginary line drawn between the northern edge of the 32-acre public Kitsap Lake Park on the east side to the state boat launch on the west side. This growth seriously impacts the multiple lake uses from both a safety and enjoyment standpoint. This grant targets Nymphaea odorata (fragrant water lilies) that surround the lake, especially in the southern end of the lake. The purpose of this project is not to eradicate these plants, but to control their growth from reaching and impacting recreational activities near the boat launch and buoys. Fragrant water lilies are invasive, non-native plants that form nuisance populations in the shallow margins of lakes. The RECIPIENT will implement the key recommendations of the Kitsap Lake Integrated Aquatic Plant Management Plan completed in June 1999. There are three goals of this project: 1. Control "weed creep" in the southern portion of Kitsap Lake through application of Rodeo® (or equivalent product) to fragrant water lilies; 2. Install bottom barrier fabric in the swimming area in front of the City of Bremerton Park property to regain use of this part of the lake; and 3. Implement an aggressive educational program to users and residents of Kitsap Lake aimed at preventative measures that focus on ways to ensure the health of Kitsap Lake. Page 2 of 9 City of Bremerton Kitsap Lake Water Quality Improvement Project Grant No. G0100128 PART III. PROJECT BUDGET Kitsap Lake Water Quality Improvement Project TOTAL ELIGIBLE ELEMENTS COST (TEC) Task 1 - Project Management $ - 0 - Task 2 - Water Lily Management $23,000 Task 3 - Installation of Bottom Barriers $10,100 Task 4 - Public Education $ 7,700 Task 5 - Final Report $ 1,200 Total $42,000* * The DEPARTMENT's Fiscal Office will track to the Total Eligible Project Cost. MATCHING REQUIREMENTS DEPARTMENT Share FY 01 (75 % of TEC) $31,500 RECIPIENT Share (25 % of TEC) $10,500 Cash $10,500 Inteflocal $ - 0 - In-kind $ - 0 - Payment Schedule. Payments will be made on a cost reimbursable basis. PART IV. SCOPE OF WORK The RECIPIENT shall ensure that this project is completed according to the details of this agreement. The RECIPIENT may elect to use its own forces to perform and complete project related work. Property and services donated by organizations or individuals to accomplish grant requirements may be credited to the project if in-kind match is specified in the project budget. Donated property and services must comply with the DEPARTMENT's current edition of Administrative Requirements for Ecology Grants and Loans, Publication No. 95-701 Page 3 of 9 City of Bremerton Kitsap Lake Water Quality Improvement Project Grant No. G0100128 (http://www.ecy.wa.gov/biblio/91018.html) and the Aquatic Weeds Management Fund Grant Guidelines (http://www.ecy.wa. gov/programs/wq/plants/grants/index.html). Documentation is required for all donated property and services. The RECIPIENT certifies by signing this agreement that all negotiated interlocal agreements necessary for the project are, or will be, consistent with the terms of this grant agreement and Chapter 39.34 RCW Inteflocal Cooperation Act. The RECIPIENT shall submit a copy of each interlocal agreement, necessary for this project, to the DEPARTMENT. The RECIPIENT certifies by signing this agreement that all applicable requirements have been satisfied in the procurement of professional services and eligible and ineligible costs are separated and identifiable. The RECIPIENT shall submit a copy of the final negotiated agreement to the DEPARTMENT for an eligibility determination. Task 1 - Project Administration/Management A. The RECIPIENT shall administer and manage the project. Responsibilities shall include, but not be limited to: Maintenance of project records; submittal of payment vouchers, fiscal forms, and progress reports; compliance with applicable procurement and interlocal agreement requirements; attainment of all required permits, licenses, easements, or property rights necessary for the project; conducting, coordinating, and scheduling of all project activities; quality control; and submittal of required performance items. B. The RECIPIENT shall ensure that every effort will be made to maintain effective communication with the RECIPIENT's designees, the DEPARTMENT, all affected local, state, or federal jurisdictions, and/or any interested individuals or groups. The RECIPIENT shall carry out this project in accordance with completion dates outlined in this Agreement. C. The RECIPIENT shall submit all invoice requests and supportive documentation, to the Financial Manager of the DEPARTMENT. Invoice requests shall include a State of Washington Invoice Voucher Form Al9-IA, Form B (ECY 060-3/ECY 060-7), Form C (ECY 060-8/ECY 060-9), and Forms D (ECY 060-11). Form E (ECY 060-12), Form F (ECY 060-13), Form H (F-21), and Form I (ECY 060-15) must be completed, where eligible costs have been incurred. Originals of all forms shall comprise the payment request and copies must be kept in the RECIPIENT files. All referenced forms are found in Administrative Requirements for Ecology Grants and Loans (http://www.ecy.wa. gov/pubs/91018a.pdf). D. The RECIPIENT shall prepare and submit progress reports to the Financial Manager of the DEPARTMENT on an annual basis. Progress reports shall include a status update for each task element outlined in this agreement. Ongoing activities, in addition to those initiated or accomplished during the reporting period, should be included. Other content Page 4 of 9 City of Bremerton Kitsap Lake Water Quality Improvement Project Grant No. G0100128 and reporting requirements are identified in General Terms and Conditions Item I, Performance Reporting. Progress reports shall be submitted regardless of whether work is performed or not. The DEPARTMENT will withhold any payment due the RECIPIENT pending submittal of a progress report. E. All voucher submittals, progress reports, and document submittals shall be submitted to the Project Manager at the following address: Kathy Hamel, Project Manager Water Quality Program Washington State Department of Ecology P.O. Box 47600 Olympia, WA 98504-7600 F. Required Performance: 1. Effective administration and management of this grant project. 2. Maintenance of all project records. 3. Submittal of all required performance items, progress reports, financial vouchers, and maintenance of all project records. Task 2 - Water Lily Management A. In the spring/summer of 2001, the RECIPIENT will apply the aquatic herbicide Rodeo® (or equivalent labeled glyphosate product) to fragrant water lilies growing 100 feet on either side of the marker buoys at the south end of Kitsap Lake. Permits will be acquired and a licensed applicator will apply the herbicide. It is expected that follow-up treatment may be needed to retreat any missed areas later in the season. Care will be taken to minimize drift and damage to non-target plants during treatment. The RECIPIENT will survey the treated areas prior to initiating further water lily treatments in 2002 and 2003, and treatment will occur only if the RECIPIENT feels that regrowth has occurred or that the initial treatments were not effective. B. If the herbicide treatment results in large floating mats of water lily rhizomes and plant material, the RECIPIENT will work with Washington Department of Fish and Wildlife to acquire a Hydraulic Project Approval (HPA) to remove these mats from Kitsap Lake. C. Required Performance: 1. Acquire aquatic herbicide permits from the North West Regional Office of the DEPARTMENT. 2. Have a licensed applicator treat fragrant water lilies with glyphosate in the designated area in 2001, and if necessary, 2002 and 2003. Page 5 of 9 City of Bremerton Kitsap Lake Water Quality Improvement Project Grant No. G0100128 4. Acquire HPA and remove any floating mats of water lily rhizomes from Kitsap Lake. Task 3 - Installation and Maintenance of Bottom Barrier A. After acquiring the appropriate permits, the RECIPIENT will install a bottom barrier material, such as Texel® or equivalent material, to the bottom of the swimming beach at Kitsap Lake Park. The material will be anchored with sandbags placed at approximately ten-foot intervals. Prior to installing the material, the aquatic plants in the area will be removed manually. The bottom barrier will be inspected two to three weeks after initial installation to ensure that billowing material (from sediment gas production) is not creating a swimming hazard. The RECIPIENT will maintain the bottom barrier on a bi- yearly basis. B. Required Performance: 1. Acquire appropriate permits for the installation of bottom barriers (HPA and perhaps a local Shoreline permit). 2. Install appropriate bottom screening material at the Kitsap Lake swimming beach. 3. Inspect the material to ensure that it is not creating a swimming hazard by billowing upward. 4. Maintain the bottom barrier at biyearly intervals. Task 4 - Public Education A. The RECIPIENT will prepare brochures that address several topics. These topics will include: how to identify exotic plants and how to prevent their introduction to Kitsap Lake; how to reduce the amount of pollutants entering the lake from lakefront property; lakeside landscaping and suitable vegetation for lake front property; and the importance of the watershed as it relates to erosion and runoff. The RECIPIENT will invite guest specialists to speak to lake residents and other interested parties about these topics. The primary target audience is lakeside residents and regular users of the lake. One public workshop is slated for June 2001 to cover the topics listed above. The general format is a guest speaker on identifying non-native and native plants; speaker on landscaping and yard care that minimizes lake pollutants; speaker on the watershed supporting Kitsap Lake; and one speaker on the many uses of Kitsap Lake and their blended impact on the lake's health and longevity. A vendor's fair for information on available products and services is part of the workshop, but can not be guaranteed (depends on the interest and availability of vendors). B. The RECIPIENT will create one informational brochure on effective landscaping techniques that minimize lake pollutants and outlines the types of plants and vegetation that enhance yards and protect lake waters. This educational piece will be distributed to alt lake residents and made available to the general public via the Parks and Recreation Page 6 of 9 City of Bremerton Kitsap Lake Water Quality Improvement Project Grant No. G0100128 office, Kitsap County master gardeners programs, Kitsap County Library reference department, and Bremerton City Hall. In addition, there will be articles placed in the City Newsletter (distribution of 16,000) and the Parks and Recreation Summer Brochure (distribution 33,300). C. The RECIPIENT shall provide the DEPARTMENT with two copies of any tangible educational product developed under this grant such as a brochure, manual, pamphlet, video or audio tape, CD, curriculum, poster, media announcement or gadget such as a refrigerator magnet with a message. The RECIPIENT shall also supply the DEPARTMENT with the names and contact information of local project leads, and a computer file copy of an education product either on floppy disks or CD-ROM. If this is impractical, as in the case of a sign, display, website, workshop, or educational program, the RECIPIENT shall provide a complete description including photographs or printouts. This includes technical assistance tools if they are disseminated to a group. D. Required Performance: 1. Produce 2,000 brochures and distribute via direct mailing and public display pickups to reach at least 2,000 households. 2. Sponsor 1 training session about content listed above under public workshop. 3. Provide the DEPARMENT with two copies of any educational products produced under this grant. Task 5 - Final Project Report A. The RECIPIENT will produce a final project report. The report will include: · A description and an overview of the project (project summary) · A glyphosate treatment report - this will include treatment dates, amounts of glyphosate used, and results of the treatment in each year; · A description of floating mat removal efforts, in needed; · Copies of educational materials produced under this grant agreement; · Difficulties encountered; and · Future plans for this project. B. The RECIPIENT shall submit to the DEPARTMENT the draft and final project reports: · Draft project report - two copies. The DEPARTMENT will review the draft project report and provide comments to the RECIPIENT. The comments will be discussed with the RECIPIENT and, if appropriate incorporated into the final report. · Seven copies of the final project report will be provided to the DEPARTMENT. Page 7 of 9 18 City of Bremerton Kitsap Lake Water Quality Improvement Project Grant No. G0100128 C. Required Performance: Produce draft and final project reports that summarize the grant project on Kitsap Lake. PART V. SPECIAL TERMS AND CONDITIONS A. Minority and Women's Business Participation. The RECIPIENT agrees to solicit and recruit, to the maximum extent possible, certified minority-owned (MBE) and women- owned (WBE) businesses in purchases and contracts initiated after the effective date of this Agreement. In the absence of more stringent goals established by the RECIPIENT's jurisdiction, the RECIPIENT agrees to utilize the DEPARTMENT'S goals for minority- and women- owned business participation in all bid packages, request for proposals, and purchase orders. These goals are expressed as a percentage of the total dollars available for the purchase or contract and are as follows: Construction/Public Works 10% MBE 6% WBE Architecture/Engineering 10% MBE 6% WBE Purchased Goods 8% MBE 4% WBE Purchased Services 10% MBE 4% WBE Professional Services 10% MBE 4% WBE Meeting these goals is voluntary and no contract award or rejection shall be made based on achievement or non-achievement of the goals. Achievement of the goals is encouraged, however, and the RECIPIENT and ALL prospective bidders or persons submitting qualifications shall take the following affirmative steps in any procurement initiated after the effective date of this Agreement: 1. Include qualified minority and women's businesses on solicitation lists. 2. Assure that qualified minOrity and women's businesses are solicited whenever they are potential sources of services or supplies. 3. Divide the total requirements, when economically feasible, into smaller tasks or quantities, to permit maximum participation by qualified minority and women's businesses. 4. Establish delivery schedules, where work requirements permit, which will encourage participation of qualified minority and women's businesses. 5. Use the services and assistance of the State Office of Minority and Women's Business Enterprises (OMWBE) and the Office of Minority Business Enterprises of the U.S. Department of Commerce, as appropriate. By signing this Agreement, the RECIPIENT certifies that the above steps were, or will be followed. Any contractor engaged by the RECIPIENT under this agreement shall be required to follow the above five affirmative steps in the award of any subcontract(s). Page 8 of 9 City of Bremerton Kitsap Lake Water Quality Improvement Project Grant No. G0100128 The RECIPIENT shall report to the DEPARTMENT at the time of submitting each invoice, on forms provided by the DEPARTMENT, payments made to qualified firms. The report will address: 1. Name and state OMWBE certification number of any qualified firm receiving funds under the voucher, including any sub-and/or sub-subcontractors. 2. The total dollar amount paid to qualified firms under this invoice. B. Indirect Rate. The RECIPIENT may charge an indirect rate of 25 percent of salaries and benefits incurred while conducting project related work. PART VI. ALL WRITINGS CONTAINED HEREIN This agreement, the appended GENERAL TERMS AND CONDITIONS, the DEPARTMENT's current edition of Administrative Requirements for Ecology Grants and Loans, and Aquatic Weeds Management Fund Grant Guidelines contain the entire understanding between the parties, and there are no other understandings or representations other than as set forth, or incorporated by reference, herein. No subsequent modification(s) or amendment(s) of this agreement shall be of any force or effect unless signed by authorized representatives of the RECIPIENT and DEPARTMENT and made a part of this agreement, EXCEPT, that in response to a request from the RECIPIENT, the DEPARTMENT may change the grant expiration date or redistribute the grant budget. The DEPARTMENT may also change the Project Manager without the concurrence of the RECIPIENT. IN WITNESS WHEREOF, the parties hereby execute this Grant: STATE OF WASHINGTON THE CITY OF BREMERTON DEPARTMENT OF ECOLOGY MEGANWHITE, P.E. DATE MAYOR LYNN HORTON DATE PROGRAM MANAGER WATER QUALITY PROGRAM APPROVED AS TO FORM ONLY ASSISTANT ATTORNEY GENERAL Page 9 of 9 GENERAL TERMS AND CONDITIONS Pertaining to Grant and Loan Agreements of the Department of Ecology A. RECIPIENT PERFORMANCE All activities for which grant/loan funds arc to be used shall be accomplished by the RECIPIENT and RECIPIENTs employees. The RECIPIENT shall not assign or subcontract performance to others unless specifically authorized in writing by the DEPARTMENT. B. SUBGRANTEE/CONTRACTOR COMPLIANCE The RECIPIENT must ensure that all subgrantees and contractors comply with the terms and conditions of this agreement. C. THIRD PARTY BENEFICIARY The RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this agreement, the state of Washington is named as an express third-party beneficiary of such subcontracts with full fights as such. D. CONTRACTING FOR SERVICES (BIDDING) 'Contracts for construction, purchase of equipment and professional architectural and engineering services shall be awarded through a competitive process, if required by State law. RECIPIENT shall retain copies of all bids received and contracts awarded, for inspection and use by the DEPARTMENT. E. ASSIGNMENTS No right or claim of the RECIPIENT arising under this agreement shall be transferred or assigned by the RECIPIENT. F. COMPLIANCE WITH ALL LAWS 1. The RECIPIENT shall comply fully with all applicable Federal, State and local laws, orders, regulations and permits. Prior to commencement of any construction, the RECIPIENT shall secure the necessary approvals and permits required by authorities having jurisdiction over the project, provide assurance to the DEPARTMENT that all approvals and permits have been secured, and make copies available to the DEPARTMENT upon request. 2. Discrimination. The DEPARTMENT and the RECIPIENT agree to be bound by all Federal and State laws, regulations, and policies against discrimination. The RECIPIENT further agrees to affirmatively support the program of the Office of Minority and Women's Business Enterprises to the maximum' extent possible. The RECIPIENT shall report to the DEPARTMENT the percent of grant/loan funds available to women or minority owned businesses. 3. Wages And Job Safety. The RECIPIENT agrees to comply with all applicable laws, regulations, and policies of the United States and thc State of Washington which affect wages and job safety. 4. Industrial Insurance. The RECIPIENT certifies full compliance with all applicable state industrial insurance requirements. If the RECIPIENT fails to comply with such laws, the DEPARTMENT shall have the right to immediately terminate this agreement for cause as provided in Section K. 1, herein. G. KICKBACKS The RECIPIENT is prohibited fxom inducing by any means any person employed or otherwise involved in this project to give up any part of the compensation to which he/she is otherwise entitled or, receive any fee, commission or gift in return for award ora subcontract hereunder. H. AUDITS AND INSPECTIONS 1. The RECIPIENT shall maintain complete program and financial records relating to this agreement. Such records shall clearly indicate total receipts and expenditures by fund source and task or object. All grant/loan records shall be kept in a manner which provides an audit trail for all expenditures. All records shall be kept in a common file to facilitate audits and inspections. Engineering documentation and field inspection reports of all construction work accomplished under this agreement shall be maintained by the RECIPIENT. 1 2. All grant/loan records shall be open for audit or inspection by the DEPARTMENT or by any duly authorized audit representative of the State of Washington for a period of at least three years after the final grant payment/loan repayment or any dispute resolution hereunder. If any such audits identify discrepancies in the financial records, the RECIPIENT shall provide clarification and/or make adjustments accordingly. 3. All work performed under this agreement and any equipment purchased, shall be made available to the DEPARTMENT and to any authorized state, federal or local representative for inspection at any time during the course of this agreement and for at least three years following grant/loan termination or dispute resolution hereunder. 4. RECIPIENT shall meet the provisions in OMB Circular A-133 (Audits of States, Local Governments & Non Profit Organizations) or OMB Circular A-110 (Uniform Administrative Requirements for Grants & Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations) if the RECIPIENT receives federal funds in excess of $300,000. The RECIPIENT must forward a copy of the state auditor's audit along with the RECIPIENT response and the final corrective action plan as approved by the SAO to the DEPARTMENT within ninety (90) days of the date of the audit report. I. PERFORIVIANCE REPORTING The RECIPIENT shall submit progress reports to the DEPARTMENT with each payment request or such other schedule as set forth in the Special Conditions. The RECIPIENT shall also report in writing to the DEPARTMENT any problems, delays or adverse conditions which will materially affect their ability to meet project objectives or time schedules. This disclosure shall be accompanied'by a statement of the action taken or proposed and any assistance needed from the DEPARTMENT to resolve the situation. Payments may be withheld if required progress reports are not submitted. J. COMPENSATION 1. Method of compensation. Payment shall normally be made on a reimbursable as specified in the grant agreement and no more often than once per month. Each request for payment will be submitted by the RECIPIENT on State voucher request forms provided by the DEPARTMENT along with documentation of the expenses. Payments shall be made for each task/phase of the project, or portion thereof, as set out in the Scope of Work when completed by the RECIPIENT and certified as satisfactory by the Project Officer. The payment request form and supportive documents must itemize all allowable costs by major elements as described in the Scope of Work. Instructions for submitting the payment requests are found in "Administrative Requirements for Ecology Grants and Loans", part IV, published by the DEPARTMENT. A copy of this document shall be furnished to the RECIPIENT. When payment requests are approved by the DEPARTMENT, payments will be made to the mutually agreed upon designee. Payment requests shall be submitted to the DEPARTMENT and directed to the Project Officer assigned to administer this agreement. 2. Budget deviation. Deviations in budget mounts are not allowed without written amendment(s) to this agreement. Payment requests will be disallowed when the RECIPIENT's request for reimbursement exceeds the State maximum share amount for that element, as described in the Scope of Work. 3. Period of Compensation. Payments shall only be made for action of the RECIPIENT pursuant to the grant/loan agreement and performed after the effective date and prior to the expiration date of this agreement, unless those dates are specifically modified in writing as provided herein. 4. Final Request(s'} for Payment. The RECIPIENT must submit final requests for compensation within forty-five(45) days after the expiration date of this agreement and within fifteen (15) days after the end of a fiscal biennium. Failure to comply may result in delayed reimbursement. 5. Performance Guarantee. The DEPARTMENT may withhold an amount not to exceed ten percent (10%) of each reimbursement payment as security for the RECIPIENTs performance and a financial bond. Monies withheld by the DEPARTMENT may be paid to the RECIPIENT when the project(s) described herein, or a portion thereof, have been completed if, in the DEPARTMENT's sole discretion, such payment is reasonable and approved according to this agreement and, as appropriate, upon completion of an audit as specified under section J.6., herein. 6. Unauthorized Expenditures. All payments to the RECIPIENT shall be subject to final audit by the DEPARTMENT and any unauthorized expenditure(s) charged to this grant/loan shall be refunded to the DEPARTMENT by the RECIPIENT. 2 7. Mileage and Per Diem. If mileage and per diem are paid to the employees of the RECIPIENT or other public entities, it shall not exceed the amount allowed under state law for state employees. 8. Overhead Costs. No reimbursement for overhead costs shall be allowed unless provided for in the Scope of Work hereunder. K. TERMINATION 1. . For Cause. The obligation of the DEPARTMENT to the RECIPIENT is contingent upon satisfactory performance by the RECIPIENT of all of its obligations under this agreement. In the event the RECIPIENT unjustifiably fails, in the opinion of the DEPARTMENT, to perform any obligation required of it by this agreement, the DEPARTMENT may refuse to pay any further funds thereunder and/or terminate this agreement by giving written notice of termination. A written notice of termination shall be given at least five working days prior to the effective date of termination. In that event, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, and reports or other materials prepared by the RECIPIENT under this agreement, at the option of the DEPARTMENT, shall become Depamnent property and the RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Despite the above, the RECIPIENT shall not be relieved of any liability to the DEPARTMENT for damages sustained by the DEPARTMENT and/or the State of Washington because of any breach of agreement by the RECIPIENT. The DEPARTMENT may withhold payments for the purpose of setoff until such time as the exact amount of damages due the DEPARTMENT from the RECIPIENT is determined. 2. Insufficient Funds. The obligation of the DEPARTMENT to make payments is contingent on the availability of state and federal funds through legislative appropriation and state allotment. When this agreement crosses over state fiscal years the obligation of the DEPARTMENT is contingent upon the appropriation of funds during the next fiscal year. The failure to appropriate or allot such funds shall be good cause to terminate this agreement as provided in paragraph K. 1 above. When this agreement crosses the RECIPIENTs fiscal year, the obligation of the RECIPIENT to continue or complete the project described herein shall be contingent upon appropriation of funds by the RECIPIENTs governing body; Provided, however, that nothing contained herein shall preclude the DEPARTMENT from demanding repayment of ALL funds paid to the RECIPIENT in accordance with Section O herein. 3. ' Failure to Commence Work. In the event the RECIPIENT fails to commence work on the project funded herein within four months after the effective date of this agreement, or by any date mutually agreed upon in wn'ting for commencement of work, the DEPARTMENT reserves the fight to terminate this agreement. L. WAIVER Waiver of any RECIPIENT default is not a waiver of any subsequent default. Waiver of a breach of any provision of this agreement is not a waiver of any subsequent breach and will not be consmaed as a modification of the terms of this agreement unless stated as such in writing by the authorized representative of the DEPARTMENT. M. PROPERTY RIGHTS 1. Copwi.~hts and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable property, the RECIPIENT may copyright or patent the same but the DEPARTMENT retains a royalty-free, nonexclusive and irrevocable license to reproduce, publish, recover or otherwise use the material(s) or property and to authorize others to use the same for federal, state or local government purposes. Where federal funding is involved, the federal government may have a proprietary interest in patent rights to any inventions that developed by the RECIPIENT as provided in 35 U.S.C. 200-212. 2. Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish information of the DEPARTMENT; present papers, lectures, or seminars involving information supplied by the DEPARTMENT; use 10gos, reports, maps or other data, in printed reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to the DEPARTMENT. 3. Tangible Property Ri~ts. The DEPARTMENT's current edition of "Administrative Requirements for Ecology Grants and Loans", Part V, shall control the use and disposition of all real and personal property purchased wholly or in part with funds furnished by the DEPARTMENT in the absence of state, federal 3 statute(s), regulation(s), or policy(s) to the contrary or upon specific instructions with respect thereto in the Scope of Work. 4. Personal Property Furnished by the DEPARTMENT. When the DEPARTMENT provides personal property directly to the RECIPIENT for use in performance of the project, it shall be returned to the DEPARTMENT prior to final payment by the DEPARTMENT. If said property is lost, stolen or damaged while in the RECIPIENTs possession, the DEPARTMENT shall be reimbursed in cash or by setoffby the RECIPIENT for the fair market value of such property. 5. Acquisition Proj.ects. The following provisions shall apply if the project covered by this agreement includes funds for the acquisition of land or facilities: a. Prior to disbursement of funds provided for in this agreement, the RECIPIENT shall establish that the cost of land/or facilities is fair and reasonable. b. The RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to disbursement of funds provided by this agreement. Such evidence may include title insurance policies, Torrens certificates, or abstract.s~ and attorney's opinions establishing that the land is ~ee l~om any impediment, lien, or claim which would impair the uses contemplated by this a~eement. 6. Conversions. Regardless of the contract termination date shown on the cover sheet, the RECIPIENT shall not at any time convert any equipment, property or facility acquired or developed pursuant to this agreement to uses other than those for which assistance was originally approved without prior written approval of the DEPARTMENT. Such approval may be conditioned upon payment to the DEPARTIv[ENT of that portion of the proceeds of the sale, lease or other conversion or encumbrance which monies granted pursuant to this agreement bear to the tolal acquisition, purchase or construction costs of such property. N. RECYCLED/RECYCLABLE PAPER All documents and materials published under this agreement shall be produced on recycled paper containing the highest level of post consumer and recycled content that is available. At a minimum, paper with 10 percent post consumer content and 50 percent recycled content shall be used. Whenever possible, all materials shall be published on paper that is unbleached or has not been la'eated with chlorine gas and/or hypochlorite. As appropriate, all materials shall be published on both sides of the paper and shall minimize the use of glossy or colored paper and other items which reduce the recyclability of the document. O. RECOVERY OF PAYMENTS TO RECIPIENT The right of the RECIPIENT to retain monies paid to it as reimbursement payments is contingent upon satisfactory performance of this agreement including the satisfactory completion of the project described in the Scope of Work. In the event the RECIPIENT falls, for any reason, to perform obligations required of it by this agreement, the RECIPIENT may, at the DEPARTMENT's sole discretion, be required to repay to the DEPARTMENT all grant/loan funds disbursed to the RECIPIENT for those parts of the project that are rendered worthless in the opinion of the DEPARTMENT by such failure to perform. Interest shall accrue at the rate of twelve percent (12%) per annum from the time the DEPARTMENT demands repayment of funds. If payments have been discontinued by the DEPARTMENT due to insufficient funds as in Section K.2 above, the RECIPIENT shall not be obligated to repay monies which had been paid to the RECIPIENT prior to such termination. Any property acquired under this agreement, at the option of the DEPARTMENT, may become the DEPARTMENTS property and the RECIPIENTS liability to repay monies shall be reduced by an amount reflecting the fair value of such property. P. PROJECT APPROVAL The extent and character of all work and services to be performed under this agreement by the RECIPIENT shall be subject to the review and approval of the DEPARTMENT through the Project Officer or other designated official to whom the RECIPIENT shall report and be responsible. In the event there is a dispute with regard to the extent and character of the work to be done, the determination of the Project Officer or other designated.official as to the extent and character of the work to be done shall govern. The RECIPIENT shall have the right to appeal decisions as provided for below. Q. DISPUTES Except as otherwise provided in this agreement, any dispute concerning a question of fact arising under this agreement which is not disposed of in writing shall be decided by the Project Officer or other designated official who shall provide a written statement of decision to the RECIPIENT. The decision of the Project Officer or 4 other designated official shall be f'mal and conclusive unless, within thirty days fi.om the date of receipt of such statement, the RECIPIENT mails or otherwise furnishes to the Director of the DEPARTMENT a written appeal. In connection with appeal of any proceeding under this clause, the RECIPIENT shall have the opportunity to be heard and to offer evidence in support of this appeal. The decision of the Director or duly authorized representative for the determination of such appeals shall be final and conclusive. Appeals fi.om the Director's determination shall be brought in the Superior Court of Thurston County. Review of the decision of the Director will not be sought before either the Pollution Conl~ol Hearings Board or the Shoreline Hearings Board. Pending final decision of dispute hereunder, the RECIPIENT shall proceed diligently with the performance of this agreement and in accordance with the decision rendered. R. CONFLICT OF INTEREST No officer, member, agent, or employee of either party to this agreement who exercises any function or responsibility in the review, approval, or earrying out of this agreement, shall participate in any decision which affects his/her personal interest or the interest of any corporation, partnership or association in which he/she is, directly or inclirectly haterestefl; nor shall he/she have any personal or pecuniary interest, clirect or indirect, in this agreement or the proceeds thereof. S. INDEMNIFICATION 1. The DEPARTMENT shall in no way be held responsible for payment of salaries, consultant's fees, and other costs related to the project described herein, except as provided in the Scope of Work. 2. To the extent that the Constitution and laws oft he State of Washington permit, each party shall indemnify and hold the other harmless fi'om and against any liability for any or all injuries to persons or property arising fi.om the negligent act or omission of that party or that party's agents or employees arising out of this agreement T. GOVERNING LAW This agreement shall be governed by the laws of the State of Washin~on. U. SEVERABILITY If any provision of this agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this agreement which can be given effect without the invalid provision, and to this end the provisions of this agreement are declared to be severable. V. PRECEDENCE In the event of inconsistency in this agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: (a) applicable Federal and State statutes and regulations; (b) Scope of Work; (c) Special Terms and Conditions; (d) Any terms incorporated herein by reference including the "Administrative Requirements for Ecology Grants and Loans"; and (e) the General Terms and Conditions. SS-010 Rev. 10/00 5 AGENDA BILL BREMERTON CITY COUNCIL 1. ~: FOR AGENDA OF: 03-07-01 ORIGINATING DEPT: BPD U.S. DOJ Local Law Enforcement Block Grant ORIGINATOR: T. Sholtis DATE SUBMITTED: 02-19-01 2. ~: (comment on back 3. _~~ necessary) Electronic Award Treasurer ~ . ..~ . Police Chief ~ Budget & Fiscal Commilt~e(~/~~. Operations Committee ~ ~ ENDORSEMENT X INFORMATION__ APPROVED BY COUNCIL PR.~NT FO.~ SUBMITTAL: 4. SUMMARY STATEMENT AND REOUIREMENT FOR COUNCl~ ACTION: Bremerton was awarded $62~699.00 from the U.S. department of Justice through the LLEBG formula program..The funding is for police vehicle purchases. The City has a cash match of $~,967.00 over the §rant period of October 1, 2000 to September 2002. 8. RECOMMENDATION: Recommend that the City Council approve accepting this Local Law Enforcement Block Grant~ and comply with the special conditions according to grant administration. 9. RESPONSIBLE OFFICIAL: Chief Robert Forbes ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED TABLED APPROVED DISAPPROVEDI~~ENDED COUNCIL DIRECTIVE: DATE: 4. SLrMMARY STATEMENT (cont.): 5. IMPACT QN NON-PASSAGE: The funds will not be used by the City. 6. IMPACT ON STAFFING~ BUDGETS~ FACILITIES~ EOUIPMENT OR OTHER RESOURCES The funds willbeused towards funding police vehicles. 7. RESEARCH SOURCES: Accept Award Confirmation ' (' Page 1 of 1 FY 2000 Local Law Enforcement Block Grants Program Bremerton City, WA Application Award RFD Grant Changes Reports Correspondence Award Handbook Accept Award Confirmation Congratulations! You have accepted your jurisdiction's FY 2000 LLEBG Award and Overview its corresponding special conditions. Review CEO Information FY 2000 LLEBG Final Award Amount: $ 62,699.00 Review Jurisdiction Matching Amount: $ 6,967.00 Information LLEBG Award Number: 2000-LB-BX-0932 LLEBG Award Date: 17-SEP-00 Accept Award View Award Document. Remember, acceptance of this Award and special conditions DOES NOT result in an automatic payment of LLEBG funds. You must submit the RFD in order to receive Financiai Institution funds, and you must submit it within 90 calendar days from the award date. You may Information begin the RFD process now by clicking on the RFD Tab above. Decline Award Click here to view and print your official FY 2000 LLEBG Award documents and special conditions. Help/Frequend¥ Asked Questions LLEBO Home Log-Off http s ://grants. dj p. usdoj, gov:8004/gms_user/pi sql/award, accept_award_c onfirmati on 9/20/00 AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT:~.,~~ READING FORAGENDA OF: March 7, 2000 Ordinance # ~/bOApproving an Interlocal ORIGINATING DEPT: Public Works & Utilities Agreement with the Tracyton Water District and ORIGINATOR: W.E Sampley, Director Waiving the Provisions ofBMC 15.02.040. DATE SUBMITTED: February 20, 2000 2. CLEARANCES: (Comment on b~kig~o~ary) 3. EXH1RITS: Director PW&U dg"-~ _~' · Ordinance # 4 7 ~ tP f~[City Attorney ....1~ ~ ,~"~/_d....~ · Interlocal Agreement City Treasurer ' ~~[jt,...~.~..,..,~NClL3/7/C~ · Tracyton Water District Map Operations Committee P R E- C 0 Fiscal & Budget Comm. PR[-C0UNC I C 3/7/01 ENDORSEMENT X INFORMATION ~ APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: 4. st. mA V CO C 'XCTIO : / On February 29, 2000, the Tracyton Water district and City of Bremerton entered into an interlocal agreement for the design, construction and financing of water system upgrades within Tracyton Water District in anticipation of District dissolution. The City and District successfully SeCured a Public Works Trust Fund loan for the design and a State Revolving Fund loan for construction of the project. The attached Intedocal Agreement completes the agreement between the City and the District providing for an inter-govemmental loan for cash flow requirements during construction, setting forth the means for repayment of all loans, and other provisions for rates, fi'ont footage 8. RECOMMENDATION: 1) ~t theC~ty Counc. il-~ ........ ~,, Ordknance.,I ---,,,vL-,g~'~ .... : ..... t,~ -.;efloea[~ .... oN,,., ~ .... ~' :,4t~ppll th A~ Mayo. th ehed~ ~t. 2) I move that the City Council pass Ordinance # z[:'} (o 0 on second reading. 9. RESPONSIBLE OFFICIAL: Director of Public Works & Utilities ENFORCEMENT OFFICIAL: Director of Public Works & Utilities EXPIRATION DATE: NA REVIEW DATE: NA 10. NOTICE OF ACTION PULLED ~ TABLED__ APPROVED DISAPPROVED AMENDED COUNCIL DIRECTIVE: DATE: ~ 11. AGENDA BILL NO: ~) ! ~ D/: i~ 2. CLEARANCE COMMENTS: 4. SUMMARY STATEMENT (Continued) fees and the effect of annexation of properties within the benefit area. Financing of these improvements are structured for District dissolution and City assumption of the District's debt. Additionally, the attached Ordinance # ~ waives, prior to dissolution, the provisions of BMC 15.02.040 (SERVICE BEYOND CITY LIMITS) for all properties served by the Tracyton Water District that at the time of dissolution of the District become water service customers of the City ofBremenon. Staff recommends that City Council approve Ordinance # q']6c~ approving the Interlocal Agreement between the City of Bremerton and the Tracyton Water District, and waiving the provisions of BMC 15.02.040. 5. IMPACT ON NON-PASSAGE: The Tracyton Water District will not be able to improve their water system for assumption by the Bremerton Water System. The District will continue to exist and provide inadequate water service to its customers, or will be assumed by another entity. 6. IMPACT ON STAFFING, BUDGETS~ FACILITIES, EQUIPMENT OR OTHER RESOURCES: No impact on budget. All work performed in accordance with this Interlocal Agreement will be fi~ded by the Tracyton Water District. This work is included in the PW&U work program for 2000 and 2001. 7. RESEARCH SOURCES: {',970122_1 .ab} ORDINANCE ORDINANCE to approve and adopt an interlocal agreement with the Tracyton Water District regarding financing the design and construction of water system upgrades within Tracyton Water District, and waive the provisions of BMC 15.02.040 as it applies to that agreement. WHEREAS, the City of Bremerton (CITY) and the Tracyton Water District (DISTRICT), by agreement dated June 29, 1966 provide water services to customers within the DISTRICT's water service area, and WHEREAS, the CITY and the DISTRICT entered into an agreement dated February 29, 2000 for the Design, Construction and Financing of Water System Upgrades within Tracyton Water District in Anticipation of District Dissolution, and WHEREAS, the CITY and the DISTRICT successfully secured a Public Works Trust Fund loan for the design and a State Revolving Fund loan for construction of the project, and WHEREAS, the CITY and the DISTRICT have negotiated the attached interlocal agreement Regarding Financing the Design and Construction of Water System Upgrades within Tracyton Water District, and WHEREAS, the CITY will assume the DISTRICT's water service area upon the DISTRICT's dissolution, and WHEREAS, properties served by the District prior to dissolution of the District will be considered customers of the CITY at the time of dissolution, and WHEREAS, the provisions ofBMC 15.02.040, SERVICE BEYOND CITY LIMITS, should not apply to such existing service prior to dissolution; now therefore: THE CITY OF BREMERTON DOES HEREBY ORDAIN: SECTION 1. Interlocal Agreement. The attached interlocal agreement Regarding Financing the Design and Construction of Water System Upgrades within Tracyton Water District is hereby approved and adopted. SECTION 2. Application of BMC 15.02.040 to Existing Water Service. The provisions of BMC 15.02.040, SERVICE BEYOND CITY LIMITS, shall not apply to properties served by the District prior to dissolution of the DISTRICT. SECTION $. Application of BMC 15.02.040 to New Water Service. The provisions of BMC 15.02.040, SERVICE BEYOND CITY LIMITS, shall apply to all properties within the Tracyton Water District service area requesting utility service from the CITY after the effective date of dissolution of the DISTRICT. ATTACHMENT: Interlocal Agreement Regarding Financing the Design and Construction of Water System Upgrades within Tracyton Water District APPROVED by the City Council on the first reading this __ day of__., 2001. PASSED by the City Council of the City of Bremerton this __ day of__, 2001. John Law Council President APPROVED this __ day of__. 2001 Lynn S. Horton Mayor INTERLOCAL AGREEMENT BETWEEN THE CITY OF BREMERTON AND TRACYTON WATER DISTRICT Regarding Financing the Design and Construction of Water System Upgrades within Tracyton Water District THIS INTERLOCAL AGREEMENT is made and entered into this __ day of 2001, by and between the City of Bremerton (hereinafter "CITY") and Tracyton Water District (hereinafter "DISTRICT"), together referred to as the "PARTIES" WHEREAS, Chapter 39.34 RCW permits local government units to make the most efficient use of their power by enabling them to cooperate to their mutual advantage and thereby to provide services and facilities in a more efficient manner, and WHEREAS, the CITY and the DISTRICT, by Agreement dated June 29, 1966 (the Service Agreement), provide water services to customers within the DISTRICT's water service area, and WHEREAS, the CITY and the DISTRICT entered into an agreement dated February 29, 2000 for the Design, Construction and Financing of Water System Upgrades within Tracyton Water District in Anticipation of District Dissolution, and WHEREAS, the DISTRICT is obligated for all costs of the Project, including, but not limited to; administration, design, procurement, construction, inspection, and securing financing, including Bond Counsel fees, if any, and WHEREAS, the DISTRICT, with the assistance of the CITY, secured a Public Works Trust Fund loan for the design of the Project, and WHEREAS, the DISTRICT, with the assistance of the CITY, secured a State Revolving Fund loan for the capital construction of the Project, and WHEREAS, the PARTIES desire to establish the method by which capital construction of the Project, including construction, inspection, and administration will be financed, and WHEREAS, the CITY is, subject to reimbursement by the DISTRICT, making and will continue to make payments to consultants and contractors for design and construction of the Project, and WHEREAS, there is a need to provide for cash flow needs for such payments by the DISTRICT to the CITY while reimbursement from the State Revolving Fund is processed, and lnterlocal Agreement -2/27/01 Tracyton System Improvements Page 1 of 4 WHEREAS, the DISTRICT desires to establish the rate formula for its customers in the event of dissolution of the DISTRICT. NOW THEREFORE, the PARTIES through their respective legislative bodies in consideration of the mutual covenants contained herein, do agree as follows: 1. PURPOSE. The purpose of this Agreement is to set forth the terms and conditions by which the CITY, on behalf of the DISTRICT, will design, construct and finance water system upgrades within Tracyton Water District and the terms and conditions by which DISTRICT will reimburse the CITY for those costs. 2. PRIOR AGREEMENT. The terms and conditions of the agreement between the PARTIES dated February 29, 2000 remain in effect. Said agreement is incorporated herein by this reference. 3. CASH FLOW FINANCING. For the purpose of meeting the cash flow requirements during the period of design and construction of the water system improvements there is hereby authorized an inter-governmental loan from the CITY to the DISTRICT in an amount not to exceed five hundred thousand dollars ($500,000). This loan shall bear interest at the rate of 5% per annum, which shall be computed monthly and paid at the time of loan repayment. This loan may be repaid in whole or in part at any time but shall be repaid in its entirety not later than the point at which the State Revolving Fund loan to the DISTRICT is finalized. 4. LOAN DRAWS. The CITY shall, on behalf of the DISTRICT, prepare on a timely basis, reimbursement requests to the Public Works Trust Fund and the State Revolving Fund. The CITY shall pursue such reimbursements as it would in the conduct of its own business. Reimbursement requests shall be authorized, if required, by the DISTRICT and submitted to the appropriate State agency within 5 days of DISTRICT receipt. 5. PAYMENTS TO CITY. The DISTRICT shall, within 25 days of receipt of reimbursement by the Public Works Trust Fund or State Revolving Fund, reimburse CITY for costs of the Project. 6. DISTRICT LOAN PAYMENTS. The DISTRICT intends to repay its loans from the Public Works Trust Fund and the State Revolving Fund from water surcharges levied on DISTRICT customers. These surcharges will be levied by the DISTRICT until such time as the DISTRICT is dissolved. After DISTRICT dissolution, the CITY will levy necessary surcharges and make loan payments to the Public Works Trust Fund and the State Revolving Fund until such time as the loans are repaid. 7. DISTRICT SERVICE AREA. The service area of the DISTRICT for purposes of this agreement is set forth in EXHIBIT "A" attached hereto and made a part hereof by this reference. 8. CUSTOMER RATES. The monthly rate formula for customers within the DISTRICT service area following dissolution of the DISTRICT shall be equal to the rates charged city residents plus a surcharge sufficient to meet the debt service requirements of the DISTRICT Interlocal Agreement -2/27/01 Tracyton System Improvements Page 2 of 4 loans plus a lighting surcharge if appropriate. At such time as the DISTRICT loans are fully repaid, DISTRICT customers shall be charged rates as county residents plus a lighting surcharge if appropriate. 9. FRONT FOOTAGE FEES - DISCOUNT. It is agreed that Front Footage Fees, (FFF), within the DISTRICT service area will be equal to those charged to CITY's customers in unincorporated Kitsap County. During calendar year 2001, these FFF will be discounted 100%. On January 1 of each year there after, the percentage of discount will be reduced by five percent (5%) until the DISTRICT FFF shall be equal to the rate charged customers in unincorporated Kitsap County. 10. ALL OTHER FEES AND CHARGES. All other fees and charges shall be equal to those charged by the CITY to its customers in unincorporated Kitsap County. 11. RATES, FEES AND CHARGES - EFFECT OF ANNEXATION. In the event that property or customers within the district service area are annexed into the CITY, such property or customers shall be subject to the same CITY rates, fees and charges as all other CITY residents. Upon such annexation, the CITY will become responsible for a portion of the DISTRICT loans then outstanding equal to the district surcharge paid by the annexed property or customers during the preceding year divided by the district surcharge paid by all property or customers during the same period. Properties served by the District prior to dissolution of the District shall be considered customers of the CITY at the time of dissolution. Prior to dissolution, the provisions of BMC 15.02.040, SERVICE BEYOND CITY LIMITS, shall not apply to such existing service. However, BMC 15.02.040 shall apply to all properties requesting utility service from the CITY after the effective date of dissolution. 12. TERM. This Agreement shall take effect upon execution of the Agreement by both CITY and DISTRICT and shall continue until the Project is completed and DISTRICT loans have been repaid. 13. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties and both parties acknowledge that, excepting the Service Agreement, there are no other agreements, written or oral, that have not been included by reference in this Agreement. 14. AMENDMENTS. The parties hereby further agree that this Agreement cannot be amended or modified without the written concurrence of both parties. 15. NOTICES. Any notices required to be given by CITY to DISTRICT or by DISTRICT to the CITY shall be in writing and delivered to the parties at the following addresses: City of Bremerton Tracyton Water District Department of Public Works and Utilities P.O. Box 2013 3027 Olympus Drive Silverdale, Washington 98383 Bremerton, Washington 98310 [nterlocal Agreement -2/27/01 Tracyton System Improvements Page 3 of 4 35 16. VENUE. This Agreement shall be constructed and interpreted in accordance with the laws of the State of Washington. 17. ORDER OF PRECEDENCE. In the event of an inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: (a) Applicable State statutes and regulations; (b) This Agreement, including any other express provisions of this Agreement whether incorporated by reference or otherwise; and (c) The Service Agreement; (d) The terms and conditions of the funds being distributed. 18. SEVERABILITY. If any section of this Agreement is adjudicated to be invalid, such action shall not affect the validity of any section not so adjudged. This Agreement approved and entered into by the undersigned local government units the day and year first above written. CITY OF BREMERTON TRACYTON WATER DISTRICT LYNN S. HORTON, Mayor GARY KEENAN, Commissioner DEPARTMENT APPROVAL: TIM KNAPP, Commissioner W. EUGENE SAMPLEY, P.E. Director of Public Works and Utilities LEE WlNTEROWD, Commissioner APPROVED AS TO FORM: DAVID ST. PIERRE Assistant City Attorney ATTEST: ATTEST: KATHLEEN McCLUSKEY, City Clerk , Secretary lnterlocal Agreement -2/27/01 Tracyton System Improvements Page 4 of 4 INTERLOCAL AGREEMENT BETWEEN THE CITY OF BREMERTON AND TRACYTON WATER DISTRICT TRACYTON SERVICE AREA TRACYTON WATER DISTRICT DISTRICT & SERVICE AREA BOUNDARIES SERVICE AREA BOUNDARY //////~ WATER DISTRICT BOUNDARY AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Public Hearing FOR AGENDA OF: March 14~ 2001 Resolution # .~ ~ ~ ~ , regarding recovery of fees for ORIGINATING DEPT.: Fire Dept. the abatement of a dangerous building on the property ORIGINATOR: A! Duke located at 808-1/2 Chester Avenue. DATE SUBMITTED: 2. CLEARANCES: (CommenLon back if 3. EXHIBITS: Fire Chief: ~ ~ 1. Resolution # ~.~O 4 Comm. Dev. Dir.: ~/~~. t~ 2. Clerk Report -- L City Clerk: ~ (X"x~~ 3. Photos ~ City attorney~-~---~2~{ co, c,I In December of 2000, the City demolished a dangerous structure located on the property at 808- 1/2 Chester Avenue after the owner, Equity Enterprises, failed to do so as ordered by the Building Official. The cost of this action, including administrative fees, totaled $6,528.33. Council must now decide if the costs are just and reasonable and how they should be collected. RECOMMENDATION: I move that Council, by Resolution # ~O~, order that the fees incurred for the abatement ora dangerous structure located at 808-1/2 Chester Avenue be collected as reasonable abatement costs and become a lien against the property. 9. RESPONSIBLE OFFICIAL: Al Duke ENFORCEMENT OFFICIAL: Al Duke EXPIRATION DATE: N/A REVIEW DATE: N/A 10. NOTICE OF ACTION PULLED TABLED APPROVED DISAPPROVED AMENDED ~l COUNCIL DIRECTIVE: DATE: 11. AGENDA BILL NO.: 2. CLEARANCE COMMENTS: 5. IMPACT OF NON-PASSAGE: The City would forfeit the costs incurred for this action. 6. IMPACT ON STAFFING~ BUDGETS~ FACILITIES~ EQUIPMENT OR OTHER RESOURCES: The City's revolving abatement fund would suffer the deficit of not collecting these funds. 7. RESEARCH SOURCES: N/A A RESOLUTION reviewing charges for the abatement of a dangerous structure on the property at 808-1/2 Chester Avenue and determining means of collection. WHEREAS, the City of Bremerton incurred costs for demolition of a dangerous structure on the property located at 808-1/2 Chester Avenue; and WHEREAS, the Uniform Code for the Abatement of Dangerous Buildings, as adopted by the Bremerton Municipal Code, allows the City to recoup these costs either by personal judgment against the property owner or as a lien against the property; and WHEREAS, the City Council is charged with determining whether the fees are just, and how they should be collected; and has considered the report of charges filed by the Building Official and any protests or objection filed; and WHEREAS, the Building Official of the City of Bremerton recommends the fees be collected as a lien against the property located at 808-1/2 Chester Avenue, now, therefore, BE IT RESOLVED, by the City Council of the City of Bremerton: 1. That the abatement charges included in the report of the Building Official in the amount of $6,528.33 for the property located at 808-1/2 Chester Avenue, Bremerton, attached hereto, are just and reasonable. 2. That the City of Bremerton will exercise its right to recapture abatement fees by filing a lien against the property. PASSED, by the City Council of the City of Bremerton this day of , 20 JOHN LAW Council President 817 Pacific Avenue · Bremerton, WA 98337 · (360) 478-$380 * FAX (360) 478-7257 February 27, 2001 Memo To: Paula Johnston, Deputy City Clerk F~m,n: Jsnet Lunceford, BDS Ii ~ Re: Public Headng, 808-1/2 Chester Avenue I have scheduled a public hearing for Wednesday, March 14, 2001 for Council to decide how the fees shall be collected for the demolition of the structure located at 808-1/2 Chester Avenue. Per the attached billings, the total lien amount requested will be $6,528.33, which includes administrative fees. CITY OF BREMERTON INTERFUND TRANSFER CITY DEPARTMENTS ONLY DATE 01/02/2001 TRANSFER# 10106 COMPLETE THIS FORM IN DUPLICATE AND RETURN TO ACCOUNTS PAYABLE Fire Department (Fund 108) TO PWO-STREET DIVISION FROM Abatements/Demolitions (REVENUE DEPARTMENT) (EXPENDITURE DEPARTMENT) DESCRIPTION TOTAL Charges per attached summary for: December 2000 BLAB LABOR $1,637.70 EQUI?MENT $1,068.00 MATERIALS $2,544.08 SALES TAX $0.00 TOTAL $5,249.78 ACCOUNT AMOUNT ACCOUNT AMOUNT 42-349.3900 $5,249.78 5~t3to ~,,t)~,'~ °~'~c~t~- 0007~'~ t~ .,~c~q. 7~ Billing Details /:'ago 1 01/02/2001 03:55:15 PM CITY OF BREMERTON PWO-STILEET DIVISION Customer: BLAB Fire Department (Fund 108) - Abatements/Demolitions Date lD..Numbers Description Regular Overtime Costs 12/18/00 sD~0oon9 5o3311 Prep for house demo at 8081/2 Chester. oo51 Scott Corey 3.00 hr $95.40 12/19/00 sD~ooon~ 503312 BLAB 808-1/2 Chester, Demo and haul out debris. 0909 Brian Brewer 6.50 hr $206.70 3093 1988 Int'l 12 yard Dump Track 6.50 hr $221.00 o524 Colen Corey 5.00 hr $159.00 1712 John Corey IV 6.50 hr $206.70 3o69 1990 Int'l 10 Yard Dump Track 6.50 hr $221.00 oo51 Scott Corey 6.00 hr $190.80 0053 Terry Devery 5.00 hr $159.00 151283 United Rentals - Excavator Rental 1.00 in $545.12 o136 Dean Smith 6.50 hr $206.70 0o25 '90 Infl I0 Yard Dump Track 6.50 hr $169.00 2o61 Leland Watson 6.50 hr $206.70 o321 '86 International Dump Track 6.50 hr $221.00 1842 L. Dean Westcott 6.50 hr $206.70 3o91 1987 Int'l 12 yard Dump Track 6.50 hr $221.00 3o13 '92 GMC 1-TON PFLI 1.00 hr $9.00 3060 '91 GMC S-15 4X4 EXT. CAB P/U 1.00 hr $6.00 12/19/00 sD~ooon9 503318 BLAB 808-1/2 Chester, demo and remove debris. Disconnect sewer and water services. 11/6/00 and 12/8/00. DtJMPIN Dump Fees - Oly. View Sanitary Landfill 140.00 yd $1,453.20 DI_n~A? Dump appliances at Oly.View San. Landfill 1.00 in $15.00 139365 Farmland Pets&Feed - Straw bales 1.00 in $53.56 c~sew Sewer pipe capped by Stoma/Sewer Utility 1.00 ea $350.00 WATCAP Water crew disconnect services 4.00 in $127.20 $5,249.78 CITY OF BREMERTON INTERFUND TRANSFER C,!,,TY DEPARTMENTS ONLY DATE // / ~ J-~ ' (~-"~ TRANSFER # COMPLETE THIS ~ORM IN DUPLICATE AND RETURN TO ACCOUNTS PAYABLE (REVENUE DEPARTMENT) (EXPENDITURE DEPARTMENT) DESCRIPTION -' TOTAL ACCOUNT PROJECT AMOUNT ~CCOUNT PROJECT AMOUNT ~ , ~ ~ ~ 0ooo t~.o~~ 5zq ,~obq, 5 q ~lD- ~.~ ~Z,, ,.,.,~5 ,,~ _ , n Here) %' (Sign Here) REVENUE DEPARTMENT SUPERVISOR EXPENDITURE DEPARTMENT SUPERVISOR PERMIT CENTER Id: ACTP135D Keyword: AACT User: COUNTER 11/06/00 ~ctivity Maintenance - Fee Item Summary. Permit No: 00-0580 Applicant: CITY OF BRE~4ERTON Status: ISSUED Address: 808 1/2 CHESTER AVE MM~~IMMPIMMMMMMMMJ~fH~fMMPIMMMMMMMMMMMMMM;fP/MMMM; Calculated Fees: 23.55 Total Fees: 23.55: Additional Fees= .00 Payments: .00: Total Fees: 23.55 Balance: 23.55: CMMMMMMMMMMMMMMM~WMMMMM¢ Ite~ Descriptio~ Fee Payments Balance: OODO00DODDODOOODDDDDDDDOODDODDDDODDDDDODDDDODDODOODDDDDDODDDDDDDODDODDODOODDOD6 1400 DEMOLITION PERMIT FEES 19.05 19.05: 1700 8LD~ REINSPECTION FEES 2000 STATE OF ~A SURCHARSE 4.50 4.50: ESC=Ne~ O~tion ASBESTOS CONTRACTOR PHONE # (360)830-5022 P.O. BOX 220 FAX # (360)830-5020 SEABECK, WA. 98380 This amount is due upon receipt of th~s statement - we do not offer 30 day accounts INVOICE CITY OF BREMERTON 5-31-00 Public Works & Utilities 100 Oyster Bay Drive N. Bremertorg WA 98312 Attention: Bob Tulp, Manager AHEKA Inspection of property located at 808 ½ Chester, Bremerton, WA 98310 on May 25, 2000 by EPA Certified AHERA Building Inspector in compliance with 40 CFR 763, PSAPCA Regulation 1II, Article 4, and WAC 296-62 requiring inspection prior to renovating or demolishing any structure with a roof projection greater than 120 square feet .................................................... $ 315.00 Lab fee for 3 bulk samples ($25. Ea.) read by PLM .......... 75.00 Amount due ........................................................$ 390.00 "t~e apprec~ate your business" WA Sham Certified Asbestos Contractor #01085 UBI 600 299 247 Cnm~al Contractor Regi.matiaa: KITSACB101MR FED ID #91-1043402 'Cdcbmttng c~r ~5~ grad" · INVOICE 110 Union Street, Suite ~00 Seattle, WA 98101 Ph 20~.343.8800 City of Bremerton Date: January 16, 2001 100 Oyster Bay Invoice: 8893A Bremerton, WA, 98312 Account No.BREMCIOF Terms: NET 30 Aftra: Accounts Payable ASBESTOS PROJECT BILLING FOR DECEMBER 2000 PLEASE SEE ATTACHED REPORT ITEMIZED BY CASE NUMBER Total Notifications Filed In December 2000: $25.00 PLEASE MAIL YELLOW COPY WITH YOUR PAYMENT Form 61-164 06/00 PUGET SO--LEAN AIR AGENCY ~<~-%  1 Union Street, Suite 1 0 500 Seattle, Washington 98101-2038 Telephone: (206) 343-8800 1-800-552-3565 Facsimile: (206) 689-4(~3 f Asbestos Invoice Report For December 2000 By Owner Jill to: ~ity Of Bremerton Code # CITYOFBR1 t 100 O~ster Bay 3remerton, WA 983'12 ~,ase Number Job # Job Site Address City Contractor Cate.qory Fe_._~e 200004239 I 808 1/2 Chester Bremerton K C B, Inc lc $25 $25 'age No. I 12/28/200 AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Public Hearing FOR AGENDA OF: March 14~ 2001 Resolution # ~ 0. ~ , regarding recovery of fees for ORIGINATING DEPT.: Fire Dept. the abatement of garbage and debris on the property ORIGINATOR: Al Duke located at 108 N. Cambrian Avenue. DATE SUBMITTED: 2. CLEARANC.F~: (Commenj. on back if 3. EXHIBITS: Fire Chief.' ~ ~l ~ 1. Resolution ~ ~0 -~ Comm. Dev. Dir.: ~ ~ 2. CierkRepo~ CiW Clerk: ~~~ 3. Photos ~5~Ci~ Attorney: ~~ E~O~E~ ~ ~O~TION ~ ~PRO~D BY CO~C~ P~S~OR S~TT~: MAYOR C~ ';' ~L COUNCIL PRESIDENT ~;2~_~_,'~~' 4. SUMMARY STATEMENT AND REQUI~MENT FOR COUNCIL ACTION: On Ja~aa~ g, 2001, Public Works removed garbage and debris from the prope~ located at 108 N. Cambrian Aveaae after the owner, William Smokoff, failed to do so as ordered ky the Building O~cial. The cost of the action, iadadiag administrative fe~s, totaled $770.00. Coaacil must now lecide if the fees are just and reasonable and how they should be collected. ~COMMENDATION: I move that Council, by Resolatioa ~ ~0 ~, or~er that the fees incurred for the abatement of garbage and debris located at 108 N. Cambrian Avenae ke collected as reasonable abatement costs and become a lien against thc prope~. 9. ~SPONSIBLE OFFICIAL: A! Dak~ ENFORCEMENT OFFIC~L: A! Duke EXPlETION DATE: N/A ~VIEW DATE: NIA 10. NOTICE OF ACTION ]lt COUNCIL DIRECTIVE: DATE: ll. AGENDA BILL NO.: 2. CLEARANCE COMMENTS: 5. IMPACT OF NON-PASSAGE: The City would forfeit the costs incurred for this action. 6. IMPACT ON STAFFING~ BUDGETS~ FACILITIES~ EQUIPMENT OR OTHER RESOURCES: The City's revolving abatement fund would suffer the deficit of not collecting these funds. 7. RESEARCH SOURCES: N/A SOLUTIO # A F c 5 A RESOLUTION reviewing charges for the abatement of garbage and debris on the property at 108 N. Cambrian and determining means of collection. WHEREAS, the City of Bremerton incurred costs for removal of garbage and debris on the property located at 108 N. Cambrian Avenue; and WHEREAS, the Bremerton Municipal Code allows the City to recoup these costs either by personal judgment against the property owner or as a lien against the property; and WHEREAS, the City Council is charged with determining whether the fees are just, and how they should be collected; and has considered the report of charges filed by the Building Official and any protests or objection filed; and WHEREAS, the Building Official of the City of Bremerton recommends the fees be collected as a lien against the property located at 108 N. Cambrian Avenue, now, therefore, BE IT RESOLVED, by the City Council of the City of Bremerton: 1. That the abatement charges included in the report of the Building Official in the amount of $770.00 for the property located at 108 N. Cambrian Avenue, Bremerton, attached hereto, are just and reasonable. 2. That the City of Bremerton will exercise its right to recapture abatement fees by filing a lien against the property. PASSED, by the City Council of the City of Bremerton this day of , 20 JOHN LAW Council President ~ BREMERTON FIRE DEPARTMENT 817 Pacific Avenue · Bremerton, WA 98337 · (360) 478-5380 * FAX (360) 478-7257 February 27, 2001 Memo Paula Johnston, Deputy Ci~ Clerk Janet Lunceford, BDS II ~ 'Public Hearing, 108 N. Cambrian I have scheduled a public hearing for Wednesday, March 14, 2001 for Council to decide how the fees shall be collected for the removal of garbage and debris from the property located at 108 N. Cambrian. Per the attached billing, the total lien amount requested will be $770.00, which includes administrative fees. CITY OF BREMERTON INTERFUND TRANSFER CITY DEPARTMENTS ONLY. DATE 02/07/2001 TRANSFER# 101 ! 5 COMPLETE THIS FORM IN DUPLICATE AND RETURN TO ACCOUNTS PAYABLE Fire Department (Fund 108) TO PWO-STREET DIVISION FROM Abatements/Demohtions (REVENUE DEPARTMENT) (EXPENDITURE DEPARTMENT) DESCRIPTION TOT/~L LABOR ~ $66.00 EQUIPMENT $9.00 MATERIALS $95.00 SALES TAX $0.00 TOTAL $170.00 ACCOUNT AMOUNT ACCOUNT AMOUNT 42-349.3900 $170.00 ~-~ %- G0/,,q - ~-qq let - ~i00 ~q ~t'7 o. O0 Details Page 02/07/2001 10:50:44 AM CITY OF BREMERTON PWO-STREET DMSION Customer: BLAB Fire Department (Fund 108) - Abatements/Demolitions ~ ~ Descriptioll Regular Overt/~ae Cost~ 01/08/01 SD~t 510049 BLAB - 108 Cambrian - Garbage removal. 0524 Colea Corey 1.00 hr $33.00 3013 '92 GMC 1-TON P/U 1.00 hr $9.00 0583 Mark A. Thompson 1.00 hr $33.00 T1RES Dispose of tires 9.00 ea $45.00 dumpmi Minimum Dump Fees 1.00 yd $50.00 $170.00 AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Approval of Settlement of Mayor/ FOR AGENDA OF: March 14, 2001 Council Dispute over City Attorney Resignation o2.d ORIGINATING DEPT: Council ........... ,:,-- ~,~,,, -,,-,.~,~,,~ ,-,~.~-s,,,ORIGINATOR: Council President ^a;..~,...~,,, 'mm ~ . DATE SUBMITTED: March 14, 2001 2. CLEARANCES: (comment on back if necessary) 3. EXHIBITS Proposed Settlement Agreement David StPierre, As-S~ City Attorney Council Operations Committee Fiscal & Budget Committee ENDORSE~MF~:NT~CqFORlX4ATION APPROVED BY COUNCIL PR,E~ENT FOR S~JBMITTAL: COUNCIL PRE S ID ENTcS_~----/~_~'-'-~ MAYOR 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The Council President and Mayor have entered in a tentative settlement of all issues relating to the City Attorney. Provision is made for the recruitment and hiring of a new City Attorney; provision for part-time Special Counsel until January of 2002; an ordinance clarifying Council/Mayor authorities relating to resignation of City Attorneys; release from liability and collateral agreement; suspension of all litigation costs and dismissal of the Council Complaint for Declaratory Action; a Study Session to consider changes to the Charter; and facilitation of the Council/Mayor working relationship. 8. RECOMMENDATION: 1. Motion to approved the proposed Settlement Agreement between the Mayor and City Council, resolving all issues relating to the City Attorney. 2. Motion to approve release from liability and collateral agreement. 3. Approve Ordinance on first reading adding a new section to Chapter 2.06. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED TABLED APPROVED DISAPPROVED AM~NI~D/~ COUNCIL DIRECTIVE DAT 11. AGENDA BILL NO: _t~/~_/') ~' 7 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: Settlement would not be concluded. 6. IMPACT ON STAFFING~ BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: New City Attorney to be hired, a funded position. Settlement provides for Special Counsel to be part-time subsequent to March 31, 2001. An amended contract and funding for the part-time position will follow at a later date. See Budget Adjustment 2000-3 for funding of the November 2000 contract with Lane Powell Spears Lubersky and for the release of liability agreement with Glenna Malanca in the amount of $20,895. The proposed settlement reduces future litigation expenses and contemplates dismissal of the City Council Complaint for Declaratory Action. 7. RESEARCH SOURCES SETTLEMENT AGREEMENT COUNCIL/MAYOR DISPUTE City of Bremerton 1. Mayor and Council agree to an ordinance for the resignation of City Attorney to be handled as a removal under the City Charter. A proposed ordinance is attached. The City Council and Mayor agree to schedule a Study Session within 2 months from the date of this agreement to consider possible changes to the City Charter regarding the City Attorney. A consultant from Municipal Resources Services Center will be invited to participate in the Study Session. 2. Mayor and Council will seek, as soon as possible, and appoint a new City Attorney agreeable to both parties. The hiring committee shall consist of the Mayor, senior staff individual of the Mayor's choosing; up to two Council members nominated by Council President and informally approved by the City Council; and a municipal attorney of outside employment. 3. Council may continue Malanca's employment as Special Counsel to the City Council under terms and conditions negotiated between the City Council and Malanca; PROVIDED, however, that when a new City Attorney assumes office, Malanca will cease provision of any regular day-to-day legal services to the City and its departments, except to the City Council, unless specifically delegated by this agreement or with the written consent of the Mayor. Special Counsel will be employed part-time commencing April 1, 2001 to January 2002. Assignments are at Council's discretion so long as the assignments do not interfere with or duplicate the provision of services assigned by Charter to the City Attorney when he or she takes office. All employees and others working on behalf of the City are to be encouraged to cooperate with Special Counsel in the performance of her duties. The provision of legal services to the City and the Department of Public Works and Utilities in the City v. Foster Pepper lawsuit is specifically approved by the Mayor as a delegation of the City Attorney's duties and the Council will enter into a separate contract with Malanca under terms and conditions established by the Council at its discretion. 4. Continue to seek outside facilitation of communications between council members and Mayor. The first session with a facilitator will occur no later than thirty (30) days from the date of this Settlement. 5. All current agenda items not for the positive good of the city will be removed. Both sides agree that all public comments regarding the :~45~ instant dispute, and each other, are to conform to the spirit of this agreement until conclusion of the facilitation effort. This provision does not prohibit comment or concern on City matters being addressed in the course of the City's official business. 6. The Council's Summary Judgment Motion scheduled for hearing on April 6, 2001, the Mayor's Motion for Joinder, Continuance and Discovery Conference scheduled for hearing on March 23, 2001, and all depositions and all other legal services rendered by attorneys for both sides, will be suspended until the effective date of the ordinance clarifying the resignation of City Attorney under BMC 2.06. After the effective date of said ordinance, the Council action will be dismissed with prejudice upon stipulation of the parties. 7. Nothing herein shall be interpreted to create any third party rights, and specifically, Glenna Malanca shall have no contractual right under the terms of this agreement. DATED TillS ,? ~ day of March, 2001. S. Horton Law, C~ncil President ~"' Signature relSresents commitment to recommend adoption by full Council RELEASE FROM LIABILITY AND COLLATERAL AGREEMENT Due to the unfounded public speculation that Glerma L. Malanca ("Malanca") has considered instituting a lawsuit against Mayor Lynn S. Horton and the City of Bremerton arising from issues relating to the Mayor's acceptance of Malanca's November 1, 2000, resignation as City Attorney, this release is provided. Glenna L. Malanca hereby releases from liability Mayor Lynn S. Horton, the City of Bremerton, and all of its officials, employees, agents, representatives, and all who have acted on behalf of the Mayor, City Council or otherwise, in that certain dispute arising from Malanca's November 1, 2000 resignation as City Attorney. This release from liability includes all known and unknown causes of action of any nature that Malanca may have against the Mayor or the City of Bremerton arising from Malanca's resignation, the Mayor's acceptance thereof, and all related actions of the released parties, up to and including the date of execution of this release. Glenna Malanca agrees and commits to not apply for the City Attorney positipn, unless an opening occurs subsequent to January 1, 2002. ~'~.9~.,~L ./M ~1 at~c-'~ "/' Date~/, .~/o, COLLATERAL AGREEMENT Glenna L. Malanca will be paid three(3) months severance pay arising from her employment as Bremerton as City Attorney, based upon her annual salary as of December 1, 2000. Payment will be made on or about March 31, 2001. Due to the dispute between the Mayor and Council relating to the conclusion of said employment, this provision is not to be construed as indicating that Malanca's employment was terminated. Malanca agrees that no severance pay will be provided for in her amended contract with the City Council as Special Counsel, even in the event of the termination of that contract. This agr.,eement is dated and signed on March 2001 On'N L^~, COf~4Cm ?RESIDENT ORDINANCE NO. AN ORDINANCE adding a new section to Chapter 2.06 of the Bremerton Municipal Code, which specifies the authority of the Mayor and City Council in the event of a resignation of the City Attorney. THE CITY OF BREMERTON DOES HEREBY ORDAIN: RESIGNATION OF CITY ATTORNEY SECTION 1. New Section. A new section to Chapter 2.06 of the Bremerton Municipal Code is hereby added, to read as follows: RESIGNATION OF CITY ATTORNEY. The resignation of the City Attorney may be accepted by the Mayor, upon confirmation of a majority of the Council sitting as a whole. A resignation shall be considered equivalent to a removal under Section 23 of the City Charter, for resolution solel~ of any issues relating to the powers or authorities of the Mayor or City Council arising fi:om the resignation of the City Attorney. This provision will remain in effect unless there is an amendment to the City Charter relating to the City Attorney. SECTION 2. EFFECTIVE DATE. This ordinance shall take effect ten (10) days from passage and publication. APPROVED by the City Council on the first reading this _ _ day of ,2001. PASSED by the City Council of the City of Bremerton this __ day of ..... 2001. JOHN LAW Council President APPROVED this ~ day of ,2001. LYNN S. HORTON Mayor ATTEST: KATHLEEN McCLUSKEY, City Clerk