Loading...
HomeMy WebLinkAbout06/27/01 AGENDA CITY COUNCIL MEETING AGENDA JUNE 27, 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. Minutes of Meeting - May 29, 2001 (#AB01-135) B. Minutes of Meeting -June 6, 2001 (#AB01-136) C. Minutes of Meeting - June 13, 2001 (#AB01-137) D. Minutes of Meeting - June 20, 2001 (#AB01-138) 4. CLAIMS/CHECK REGISTERS 5. COUNCIL MEMBER REPORTS 6. COUNCIL COMMITTEE REPORTS 7. MAYOR'S REPORT 8. LEGISLATIVE REPORT 9. PUBLIC RECOGNITION - (Comments limited to 3-minutes) 10. PUBLIC HEARINGS - RESOLUTIONS A. Resolution No. 2817, Adopting an Interim Parks & Recreation Comprehensive Plan Update (#AB01-139) B. Resolution No. 2818, Authorizing an Inter-Fund Loan from the Equipment Rental Fund the General Fund; and Budget Adjustment #2001-12 (#AB01-140) 11. NEW BUSINESS A. Contract for Upgrade of Financial Software with SunGard Pentamation, Inc. (#AB01-141) B. Public Works Trust Fund Construction Loan Agreement No. PW-01-691-007 for Partial Funding of the Manette CSO Treatment Plant (#AB01-142) C. Inter-Departmental Agreement for RevenUe Sharing (#AB01-143) D. Extension of Banking Services Contract with Bank of America (#AB01-144) 12~_'~r. PUBLIC HEARINGS (Continued) & ORDINANCES 0,.;~)0~A'J.j,\, Or ' ' a , me' _re_me._~on ~_~.un!¢!~e! Code !5.0 ~ Assessments~F_ees~and Charges-eff-ectt~E~anua , B. Public Hearing on Year-200~CDBG/HOME Policy Plan (#AB01-146) 13. ADJOURNMENT OF MEETING AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: 'FOR AGENDA OF: JUNE 27, 2001 ORIGINATING DEPT.: CITY COUNCIL MINUTES OF MEETING-- HAY 29, 2001 ORIGINATOR: JOHN E. LAW, PRESIDENT DATE SUBMITTED: JUNE 1~,, 2001 2. CLEARANCES: (Comment on back if necessary) 3. EXHIBITS: ENDORSEMENT FI INFORMATION FI APPROVED BY COUNCIL ~P.J~SIDENT FOR SUBMITTAL: MAYOR COUNCIL PRESIDENT 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: 8. RECOMMENDATION: 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED D TABLED [] APPROVED rl DISAPPROVED [] AMENDED ['1 DATE: 3A COUNCIL DIRECTIVE: 11. AGENDA BILL NO.: ~J - 135' (OVER) 2. CLEARANCE COMMENTS: 4. SUMMARY STATEMENT (CONTINUED): 5. IMPACT OF NON-PASSAGE: 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCE-~: 7. RESEARCH souRCES: TAPE #1771 UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES Tuesday - May 29, 2001 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, Tuesday, May 29, 2001, at 5:30 P.M., with Council President John Law presiding. Council members present were Jim Reed, Conrad Esser, Carol Arends, Eric Younger, Mike Shepherd, Ed Rollman, Cecil McConnell, and Wayne Olsen. Also present were Assistant City Attorney David St. Pierre; Deputy City Clerk Paula Johnston; and Council Assistant Christine Grenier Ellingson. The meeting opened with the Pledge of Allegiance led by Council Member Cecil Mceonnell, followed by the invocation given by Church Elder Chef Simpson of Lincoln Avenue Bible Church. President Law made the following announcements: 1) A Pre-Council session was held to discuss general Council business; including a 20-minute Executive Session from 5:05 to 5:25 P.M. to discuss "LITIGATION"; 2) Council will reconvene in the Council Conference Room immediately following the meeting for a Study Session to discuss "UTILITY RATES"; and 3) The City Council and Mayor will be participating in a "RETREAT" on Wednesday, May 30th from 12:00 P.M. to 8:00 P.M. in the Banquet Room at the Oyster Bay Inn located at 4418 Kitsap Way. CONSENT AGENDA A. Minutes of Meeting - May 9, 2001 (#AB01-115) #0060 M/S/C/U (McConnell/Olsen) Move to approve Consent Agenda as presented. Council Members Mike Shepherd and Jim Reed were not available for this vote. 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. #0085 M/S/C/U (Esser/McConnell) On May 29, 2001, the Council does approve for payment those vouchers included and further described as follows: EFT 6523, and Checks 252555, 252556, and 252623 through 252637 in the amount of $173,409.37; and Retiree Payroll in the amount of $122,112.42 for the pay period ending May 31, 2001. Council Members Mike Shepherd and Jim Reed were not available for this vote. Council Member Jim Reed arrived at 5:45 P.M. COUNCIL MEMBER REPORTS Ed Rollman announced that First Friday Art Walk will be this Friday; he is in the process of obtaining responses to parking complaints; and hoped people had an opportunity to participate in memorial services on Memodal Day to honor those veterans who have served the country. Eric Younger announced that he and Carol Arends would be holding a combined District 6 & 7 Neighborhood meeting this Thursday, May 31, 2001 beginning at 6:30 P.M. in the Boardroom at the Bremerton Administration Building located at 134 N. Marion Avenue to discuss "What is Methamphetamine"; "How to recognize a Meth Lab"; "Warning signs"; and "Who to contact" with Detective Keith Sargent and Sergeant Larry Hill from the Police Special Operations Unit. TAPE #1771 City Council Reg. Mtg. Minutes May 29, 2001 Page 2 of 6 Carol Arends reiterated information about the combined District 6 & 7 meeting; and reported on her attendance at the Law Enforcement Officers Memorial Ceremony last Friday, which she found very moving. She encouraged the public to check out the Bremerton Patriot Grand Re-Opening on June 1st from 5:00 to 8:00 P.M. Conrad Esser reminded citizens to attend the First Friday Art Walk. John Law thanked those who have provided their support to him in light 01: his health; and announced that the next District 3 Meeting will be held at 7:00 P.M. on Tuesday, June 12th to discuss the topic "Let's Save Some Money on our Water Bill". Council Member Mike Shepherd arrived at 5:50 P.M. Mike Shepherd announced that the Art Walk would include performers, artists, and musicians and the Puppet museum, Naval museum, Historical museum, and Manette Art Museum would also be open during the weekend. COUNCIL COMMITTEE REPORTS: Carol Arends provided an up-date on the activities of the "Charter Review Committee"; and reported that the Puget Sound Regional Council meeting was well attended and included the unanimous adoption of the "2030 Transportation Plan". Eric YoUn~ler announced his recent appointment to the "Lodging Tax Advisory Committee" MAYOR'S REPORT Mayor Horton expressed thanks for those who took part in Memorial Ceremonies and for those who have served their Country; and read the following Proclamation: The Week of June 4-8, 2001 as "Management Week", which was accepted by Doug McMicken on behalf of Steve McNailey, of the National Management Association. LEGISLATIVE REPORT - There was no report tonight. Council Member Mike Shepherd left the meeting at 6:02 P.M. PUBLIC RECOGNITION John Olson, Bremerton Patriot, announced that the Grand Re-Opening of the Bremerton Patriot office will be held on June 1st from 5:00 to 8:00 P.M. Council Member Mike Shepherd returned to the meeting at 6:06 P.M. 10A - CONTRACT FOR LEGAL SERVICES WITH LANE POWELL SPEARS LUBERSKY LLP IN BURLINGTON ENVIRONMENTAL. INC. V. CITY OF BREMERTON (#AB01-111): This item was tabled one-week at last week's Council Meeting held on May 23, 2001. Paula Johnston, Deputy City Clerk, reiterated that the City of Bremerton has been in litigation with Burlington Environmental, Inc. regarding a Business & Occupation Tax dispute for utility taxes owed from 1996 through 2000. Burlington was the prime contractor at PSNS for hazardous waste collection during this time frame, generating about $6 million over the last four years. She emphasized that the City was successful in having this case remanded back to the City for proper administrative review, but then Assistant City TAPE #1771 City Council Reg. Mtg. Minutes May 29, 2001 Page 3 of 6 Attorney Steve Reich is no longer with the City, therefore has withdrawn from this case. Ada Ko, of LANE POWELL SPEARS LUBERSKY, is a skilled tax attorney who represented the City of Seattle for nine years in Business & Occupation Tax litigation before joining LANE POWELL SPEARS LUBERSKY. Staff recommends that Ms. Ko be retained as counsel to bring this tax case to a successful conclusion. There were no comments from the public. Mr. Esser, Mr. Youncjer, Mr. Rollman, and Mr. Reed requested additional information, includin9 a legal briefing, before approving this contract. They expressed concerns over funding for this agreement, which could potentially far exceed the original amount stated. Mr. McCQnnell pointed out that the former Assistant City Attorney pursued this case as far as he could go, but due to the complexity of the tax issues involved, an attorney who specialized in tax law was now required to interpret the tax issues involved in this case. He did not see the need to delay this action any further. Mayor Horton expressed her support for Ms. Ko of LANE POWELL SPEARS & LUBERSKY due to her extensive background and experience on tax issues. She further offered to bring Ms. Ko over to meet with the Council to address their concerns, however, she requested that Council provide their concerns in writing to aid Ms. Ko in her research and preparation. Mr. Olsen agreed that if it would not hinder the case, the item could be tabled until next week, so that Ms. Ada Ko could provide the Council additional answers. Ms. Johnston established that a few weeks would not hinder the case, however she cautioned that anything past that time would jeopardize some of the revenue. Mr. Law asked the Council to consider the fact that they have no one in-house with any legal expertise in tax matters to give them advice, and questioned if the individual who was proposed to be hired to handle the case could be objective. His concern was that Council was being asked to spend a lot of money, so before an outside attorney was hired, he hoped that the City would first figure out how to guide the case. Mr. McConnell reiterated that it would take an attorney with tax expertise to get those answers. Mr. Esser questioned if there would be a conflict of interest to have a hired law firm give the City advice on what the City's position on the case would be, versus having a City Attorney and Assistant City Attorney offer guidance to the Council on the City's position. He also questioned why LANE POWELL SPEARS & LUBERSKY would not take this case on a contingency basis. MS. Johnston responded that the Firm was not directly asked by the Administration to take this case on a contingency basis. Ms. Ko previously expressed that it was unusual for her Firm to take a case of this magnitude on a contingency, but the question could be reviewed. It was stated that an in-depth analysis of the City's position would have to occur before it would even be considered. Mr. Esser maintained this too was the dilemma incurred by the Council. #1800 M/S/F (McConnell/Olsen) Move to approve Professional Services Agreement with LANE POWELL SPEARKS LUBERSKY LLP as retained counsel representing the City in Burlington Environmental Inc. vs. City of Bremerton and authorize the Mayor to execute the same. Voted in favor of Motion: Shepherd, Arends, Olson, and McConnell Voted opposed to Motion: Rollman, Younger, Esser, and Law Abstained: Reed Motion failed: 4-Yes; 4-No; 1-Abstention TAPE #1771 City Council Reg. Mtg. Minutes May 29, 2001 Page 4 of 6 10B - PROFESSIONAL SERVICES AGREEMENT WITH SEBRIS BUSTO. P.S, FOR EMPLOYMENT AND LABOR LAW LEGAL SERVICES TO THE CITY (#AB01-116): Mayor Horton spoke on behalf of Carol Conley, Human Resources Manager, and asked that this agreement be approved. In the last 20 years, due to the vast amount of Federal and State legislation and regulation affecting public employers, it is prudent that the City retain the legal services of a firm specializing in employment/labor law. This firm will be available to advise and represent the City in matters relating to discipline, labor contract interpretation, firm will be available to advise and represent the City in matters relating to discipline, labor contract interpretation, arbitrations, Unfair Labor Practices, and other employment related matters. These services will be "preventative" in nature, the purpose being to eliminate or at least reduce our exposure to lawsuits or other actions filed by employees or their representatives. It is proposed that this PSA be in force from date of passage through May 31, 2002, and that the cost to the City will be up to a maximum or $19,950.00. There are adequate funds within the City's budget to cover the cost of funding this agreement, and if the firm is not used, there would be no costs incurred. There were no comments from the public. #1855 M/S/C (Arends/Olsen) Move to authorize the Mayor to execute the Professional Services Agreement between the City and Sebris Busto, P.S. to provide legal services related to employment and labor law, and to authorize the expenditure of up to a maximum of $19,950.00 for these services. Voted in favor of Motion: Younger, Arends, Esser, Reed, Olsen, McConnell, Rollman, and Law Voted opposed to Motion: Shepherd Motion carried: 8-Yes; 1-No 10C - PROFESSIONAL SERVICES AGREEMENT WITH TETRA TECH/KCM, INC. FOR DESIGN OF WEST 650 WATER PRESSURE ZONE IMPROVEMENTS (#AB01-117): Gene Sam.oley, Director of Public Works & Utilities, affirmed that Tetra Tech/KCM, Inc. was previously under contract and completed approximately 25% of the original scope of work when unforeseen delays occurred, beyond the expiration date of the original agreement. This Professional Services Agreement picks up the design where they left off. This project will result in new water transmission facilities that will serve the Fire Fighters Training Facility and commercial development in the upper Werner Road area. The action before the City Council is approval of a Professional Services Agreement with Tetra Tech/KCM, Inc. for design services for the West 650 Water Pressure Zone Improvements, in an amount not to exceed $291,900. Staff recommends approval of this agreement. There were no comments from the public. Mr. Reed asked over what area the project covered. Mr. Sampley responded that the project would cover property along Pendergast Fields and Werner Road. Mr. RoIIman asked who would benefit from these water pressure improvements. Mr. Sampley answered that the residents in the areas would be recipients of those benefits, which would include added water pressure. Mr. Reed commented that these improvements might improve investment opportunities. ~2125 M/S/C (Younger/Rollman) Move to approve a Professional Services Agreement with Tetra Tech/KCM, Inc. for design services for the West 650 Water Pressure Zone Improvements, in an amount not to exceed $291,900, and authorize the Mayor to execute the same. Voted in favor of Motion: Younger, Arends, Esser, Reed, McConnell, Rollman, Shepherd, and Law Abstained: Olson Vote 8-yes; 1-abstain TAPE #1771 City Council Reg. Mtg. Minutes May 29, 2001 Page 5 of 6 11A - PUBLIC HEARING REGARDING THE CONCESSION AGREEMENT BETWEEN THE CITY OF BREMERTON AND OLYMPIC SOCCER & SPORTS CENTER. LLC (#AB01-119): Jodi Wroblewski, Assistant Parks & Recreation Director, summarized that the Bremerton Parks & Recreation Department has been working with Olympic Soccer & Sports Center LLC for the past year on their proposal to build and operate an indoor soccer field at Pendergast Regional Park. Mr. Larry Smith and Mr. Dennis Michael met with the Parks & Recreation Commission, and discussed their proposals on a number of occasions. The Parks & Recreation Commission have supported these endeavors and advised the parties to develop their plans with the Parks & Recreation Department. Council responded favorably last year after Mr. Smith and Mr. Michael of O$$C presented the concept of this project. On January 31, 2001, the City Council approved changing the Pendergast Regional Park Master Plan in order to accommodate the site of an indoor soccer facility. Ms. Wroblewski provided additional comments, as well as pointing out that soccer tournaments in neighboring cities have had incredible turnouts. If the City were to have the ability to host games, it would provide an opportunity to draw the participants and additional people to Bremerton. John Law left the meeting at 6:50 P.M. and therefore turned the meeting over to Council Vice- President Mike Shepherd. Mike Wricjht, Dave Goodwin, and Tom Shapley summarized their personal involvement in soccer activities in the area and provided their support for this facility. They spoke on behalf of over 400 soccer players, and respectfully asked Council to accept this agreement to and provide this opportunity to the people. Mr. Esser thanked Mr. Smith and Mr. Michael for their involvement, and asked if the bank loan issue had been satisfied. Mr. Smith answered yes. Mr. Reed also thanked the people who supported this project and pointed out that this was a wise investment. Mr. McConnell questioned 1) What purpose the intended space was serving now; 2) What types of "beverages" would be served under this agreement; 3) Would the length of the contract violate the Charter; and added that he preferred a stipulation be included to address the City's use in terms of hours in order to avoid a problem of "gifting". Ms. Wroblewski responded that the area is currently undeveloped and comprised mainly of grass and weeds. She assured the Council that the term "beverage" in the agreement did not include serving alcohol; and the number of hours would be adequate for City use and should not prove to be a problem in the future. Mr. Olsen also thanked the people involved, including former City of Bremerton Parks Director Cris Gears who was now with the County. He asked if it would benefit the City to negotiate the quoted price every 5-years instead of relying on contracts for 40-years at a fixed rate. Ms. Wroblewski responded that the City is opposed to using rent values because land "appreciates", so that is why hours were chosen as the limited factor. Also, collateral for the bank loan is the concessions operation. If the agreement were violated, then the City would step in. Mr. YouncJer also thanked those involved in this project; asked if price caps on fees will be set in the future. Ms. Wroblewski answered no. Mr. Reed pointed out that the City would still be responsible for 182-hours regardless of fees. David St. Pierre, Assistant City Attorney, summarized that the agreement took several weeks to complete, and was drafted to Meet State Auditor guidelines. TAPE #1771 City Council Reg. Mtg. Minutes May 29, 2001 Page 6 of 6 There will be no action by Council on this item tonight. The second Public Hearing will be scheduled for the next City Council meeting on June 6, 2001, where Council will then vote on the Motion. With no regular Council business, the meeting adjourned at 7:05 P.M. Council then reconvened in the Conference Room for a Study Session to discuss "UTILITY RATES". Prepared and Submitted by: LORI SMITH, Legislative Assistant Attest: PAULA JOHNSTON, Deputy City Clerk JOHN LAW, City Council President City of Bremerton JL/PJ/Is/cge c: Normal Distribution File AGENDA BILL BREMERTON CITY COUNCIL JUNE 27, 2001 1. SUBJECT: 'FOR AGENDA OF: ORIGINATING DEPT.: CITY COUNCIL MINUTES OF MEETING-- JUNE 6, 2001 ORIGINATOR: JOHN E. LAW, PRESIDENT DATE SUBMITTED: JUNE 18, 2001 2. CLEARANCES: (Comment on back if necessary) 3. EXHIBITS: ENDORSEMENT [] INFORMATION ['1 APPROVED BY COUNClL..P.~SIDENT FOR SUBMITTAL: /--- MAYOR COUNCIL PRESIDENT ~"'::':'-~"~¢'~; ~'~.,,~ 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: 8. RECOMMENDATION: 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED l'! TABLED I'] APPROVED I'] DISAPPROVED [] AMENDED 1"1 DATE: COUNCIL DIRECTIVE: 11. AGENDA BILL NO.: (OVER) 2. CLEARANCE COMMENTS: 4. SUMMARY STATEMENT (CONTINUED): 5. IMPACT OF NON-PASSAGE: 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: 7. RESEARCH SOURCES: JO TAPES #1772 & #1773 UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES June 6, 2001 The weekly meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, 239 4th Street, Bremerton, Washington, Wednesday, June 6, 2001, at 5:30 P.M., with Council Vice-President Mike Shepherd presiding. Council members present were Jim Reed, Conrad Esser, Carol Arends, Eric Younger, Ed Rollman, Cecil McConnell, and Wayne Olsen. Council President John Law was absent. Also present were Assistant City Attorney David St. Pierre; Deputy City Clerk Paula Johnston; and Legislative Assistant Lori Smith. The meeting opened with the Pledge of Allegiance led by Council Member Cecil McConnell, followed by the invocation given by Chaplain Conrad Dodd of Kitsap Lake Baptist Church. Vice-President She.oherd made the following announcements: 1) A Pre-Council session was held to discuss general Council business; and 2) Council will reconvene in the Council Conference Room immediately following the meeting to hold their "Monthly Study Session". CONSENT AGENDA There are no Consent Agenda items to be heard this evening. 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. #0025 M/S/C/U (Esser/Olsen) On June 6, 2001, the Council does approve for payment those vouchers included and further described as follows: Checks 252639 through 252905 in the amount of $593,509.13. COUNCIL MEMBER REPORTS Wayne Olsen informed the Council that he would be on a vacation for the rest of the month, and therefore would miss the next three Council Meetings. Ed Rollman thanked the Mayor and Deputy City Clerk Paula Johnston for their assistance in resolving a neighborhood parking concern. Eric Youn~ler reported on the combined District 6 & 7 Neighborhood meeting held last Thursday, and thanked Detective Keith Sargent and Sergeant Larry Hill from the Police Special Operations Unit for their excellent presentation. He also thanked Officer Endicott and the Mayor for their attendance. Carol Arend$ reiterated thanks to those who attended the combined District 6 & 7 meeting; discussed her attendance at the First Friday Art Walk, which included a Grand Opening for the Patriot Newspaper; thanked Callow Avenue businesses for their patience during the Gateway construction project, and lastly, announced that the Burwell & Callow intersection would reopen June 18th. Mike Shepherd was pleased at the attendance for the 1st Annual 2-day Downtown Art Walk; discussed the formation of a Committee by a group from the Evergreen Park & Park Avenue neighborhood to prepare a series of five murals for buildings in the vicinity of Park Avenue & 6th Street; and lastly discussed the "El Carnival Latino" event planned for the weekend of July 7th. TAPES #1772 & #1773 City Council Reg. Mtg. Minutes June 6, 2001 Page 2 of 6 COUNCIL COMMITTEE REPORTS: Wayne Olsen provided an update on activities of the Solid Waste Committee; Cecil McConnell and Ed Rollman reported on the Charter Review Committee; Eric Younger noted his recent appointment to the Lodging Tax Advisory Committee; and Carol Arends discussed her attendance at the Kitsap Transit Board and Kitsap County Health Board meetings yesterday, which followed the Kitsap Regional Coordinating Council meeting; Conrad Esser discussed the Audit Committee and his appointment to the Interview Committee for the new City Attorney; and Jim Reed discussed the donation of a boat for patrol of Kitsap Lake. MAYOR'S REPORT Mayor Horton read a Proclamation to proclaim June 14, 2001 as "U.S. Navy Cruiser Association Memorial Remembrance Day", which was received by Robert A. Dahl, who also announced a corresponding ceremony to be held at the boardwalk that day at 10:00 A.M. Bob Sauter encouraged attendance at the ceremony, in addition to extending an invitation to the Council and the public to attend the annual Open House in honor of Flag Day beginning at 7:30 P.M. at the Elks Lodge on Thursday, June 7, 2001. LEGISLATIVE REPORT In John Law's absence, it was announced the next District 3 neighborhood meeting would be held on Tuesday, June 12, from 7:00 to 9:00 P.M. at the Senior Center to discuss "How to Save $$$ on your Water Bill" with special guest Kathleen Cahall, Water Resources Manager. PUBLIC RECOGNITION Debbie Peavler-Stewart announced the "Fair & Affordable Housing Exhibit" to assist residents in home ownership would be held in the Center Court of Kitsap Mall on Saturday, June 9th, beginning at 9:00 A.M. Darrel McDorman raised concerns about the egress/ingress for the new Walgreen on Wheaton Way. 10A - BID AWARD FOR THE CONSTRUCTION OF THE EASTSlDE CSO TREATMENT FACILITY (#AB01-119): Pat Coxon, Wastewater Manager, reiterated that on May 24th, bids were opened for the construction of the Eastside CSO Treatment Facility (ECTF) contract. The Eastside CSO Treatment Facility option provides for the least disruption to the City's streets, electrical power system, Endangered Species Act issues, and is the most cost-effective recommendation. The ECTF treatment and disinfection will also improve the water quality of the Port Washington Narrows. This contract provides for construction of the treatment facility. The Washington Department of Ecology is currently reviewing the facility plan and design, and must approve these documents prior to contract extension. Four bids for this project were received, and Pease & Sons was the lowest responsive bidder with a bid of $2,222,224.00. The Engineer's estimate for the project if $3,000,000. The action before the City Council is approval of the bid award of $2,222,224.00 with Pease & Sons for the construction of the Eastside CSO Treatment Facility. There were no comments from the public. #0975 M/S/C (Rollman/Arends) Move that Council approve award of the bid of $2,222,224.00 with Pease & Sons for the construction of the Eastside CSO Treatment Facility contract, and authorize the Mayor to execute the same, subject to project approval by the Washington Department of Ecology. TAPES #1772 & #1773 City Council Reg. Mtg. Minutes June 6, 2001 Page 3 of 6 Voted in favor of Motion: McConnell, Rollman, Younger, Arends, Esser, Olsen, and Shepherd Abstained: Reed Motion carried: 7-Yes; 1-Abstention 10B - BID AWARD FOR THE EAST PARK CSO, EAST 18TM STREET DIVERSION (#AB01-120): Jennifer Strehler, City Engineer, stated that bids were opened for the East Park CSO, East 18th Street Diversion on May 24, 2001. This contract provides for construction of 1,460 linear feet of 12- inch diameter PVC gravity sewer pipe and 1,055 linear feet of 12-inch diameter PVC pressure sewer pipe. The contract work includes labor, materials, equipment, and support services for the project. One bid for this project was received. Ace Paving Co., Inc. was the single and lowest responsive bidder with a bid of $403,054.03. The Engineer's estimate for the project is $415,000. The action before the City Council is approval of the bid award of $403,054.03 with Ace Paving, Inc. for the East Park CSO, East 18th Street Diversion. There were no comments from the public. #1075 M/S/C/U (Esser/Reed) Move that Council approve award of the bid of $403,054.03 with Ace Paving, Inc. for the East Park CSO, East 18th Street Diversion, and authorize the Mayor to execute the same. 10C - CHANGE ORDER NO. 1 WITH PORTER BROTHERS CONSTRUCTION. INC. FOR GOLD MOUNTAIN CLUBHOUSE (#AB01-121): Pat Westhoff, Golf Operations, mentioned that this Change Order No. 01 is a multi item change order for the overall additive cost of $237,179.16. Proposal Request No. 1 includes additional handicap parking and pathway, additional fire draft stops within clubhouse to comply with Fire Building Code in the amount of $13,027.60. Proposal Request No. 3 and 4 includes deletion of skylights and revision of stationary windows to operable windows an amount $2,663.30. Contract Change Directive No. 1 includes over excavation of building footings and structural placement and compaction of structural crushed rock in the amount of $30,0773,97. Change Order Proposal No. 5 provides for installation of a complete and operational commercial septic system in the amount of $196,040.89. The Council was invited to attend the next Gold Mountain Board meeting on June 14, 11:45 A.M., which would include a tour of the new facility. There were no comments from the public. #1265 M/S/C (McConnell/Reed) Move that Council authorize and direct the Mayor to approve Change Order No. 01 and make payable to Porter Brothers Construction, Inc., in the amount of $237,179.16, plus Washington State sales tax, subject to City Administrative Policies and Procedures. Voted in favor of Motion: Younger, Arends, Esser, Reed, McConnell, Rollman, and Shepherd Voted opposed to Motion: OIsen Motion carried: 7-Yes; 1-No 10D -WASHINGTON STATE TRAFFIC SAFETY COMMISSION BREMERTON-KITSAP COUNTY TRAFFIC SAFETY TASK FORCE PROJECT: AND TRAFFIC SAFETY COORDINATOR EMPLOYMENT SERVICE CONTRACT FOR SHIRLEY WISE (#AB01-122): Chief Rob Forbes of the Police Department, summarized that the City applied for and accepted the Washington Traffic Safety Commission Bremerton-Kitsap County Traffic Safety Task Force Project Grant funding of $60,000. It was noted that a local match of 75% is required for this project, a cash match is not required, and new money is not needed. This project directly contributes to the reduction and severity TAPES #1772 & #1773 City Council Reg. Mtg. Minutes June 6, 2001 Page 4 of 6 of traffic-related deaths and injuries in Kitsap County. In addition, the grant establishes and serves as primary funding source for the Traffic Safety Coordinator's salary and wages. The Traffic Safety Coordinator Employment Service Contract outlines the terms of employment and identifies the specialized duties required for the Coordinator's position. There were no comments from the public. #1383 M/S/C/U (Reed/McConnell) Move to approve applying for the grant project funds and administering the project agreement with the Washington State Traffic Safety Commission (WTSC). #1405 M/S/C/U (Rollman/McConnell) Move to accept and approve the employment contract with Shirley Wise as Traffic Safety Coordinator. 11A- 2"D PUBLIC HEARING REGARDING THE CONCESSION AGREEMENT BETWEEN THE CITY OF BREMERTON AND OLYMPIC SOCCER AND SPORTS CENTER, LLC (#AB01-119): The first Public Hearing for the Concession Agreement was held at the Council meeting on May 29, 2001. Jodi Wroblewski, Assistant Parks & Recreation Director, reiterated that the Bremerton Parks & Recreation Department has been working with Olympic Soccer and Sports Center LLC for the past year on their proposal to build and operate an indoor soccer field at Pendergast Regional Park. Larry Smith and Dennis Michael met with the Parks & Recreation Commission, and discussed their proposals on a number of occasions. The Parks & Recreation Commission have supported these endeavors and advised the parties to develop their plans with the Parks and Recreation Department. Mayor Horton expressed her support for the facility, and thanked all those involved in the Concession Agreement for their efforts. Those in attendance who spoke in favor of this facility: Rick Smith (who also provided a copy of the "July 1999 Final Recommendation of the Kitsap Community Facilities Committee"); Maryann; Steve Kao-Maddix; Phil Josen; Tammy Schmidt; Tom Cowdry; Beth Denson; and Dave Johnson. In addition, approximately 90% of audience members stood to show their support; and a letter was received from Rick Gehrincj. Cecil McConnell asked if this facility would accommodate regional tournaments; and asked if anyone in attendance knew approximately how many soccer teams and players there were in Kitsap County. Ms. Wroblewski responded that the facility would indeed accommodate regional tournaments, and elaborated that there was one large field along with a smaller practice field. Larry_ Smith answered that there are over 9,000 youth in Kitsap County involved in soccer. #2155 M/S/C/U (McConnell/Reed) Move to authorize the Mayor to enter into a Concession Agreement with Olympic Soccer and Sports Center, LLC for the construction and operation of an indoor soccer facility at Pendergast Regional Park. 11B - PUBLIC HEARING AND RESOLUTION NO. 2812, ACCEPTING THE DEDICATION OF A PORTION OF WEST HILLS BOULEVARD AND A PORTION OF HASELWOOD STREET AS PUBLIC RIGHT-OF-WAY (#AB01-123): Jennifer Strehler, City Engineer, informed the Council that Mr. Charles Haselwood and Coca Cola, Inc. have proposed the dedication of right-of-way to the City of Bremerton for two existing private streets. The streets are described legally in the attached dedications documents but can be generally described as a portion of West Hills Boulevard approximately 700 feet long and located north of Haselwood Street and a portion of Haselwood Street approximately 460 feet long and located east of Union Avenue. The streets to be dedicated were constructed in accordance with the City Street Standards and were inspected by the Department of TAPES #1772 & #1773 City Council Reg. Mtg. Minutes June 6, 2001 Page 5 of 6 Public Works and Utilities during their construction. Improvements to the streets included paving, curb and gutter, sidewalk, street lighting and storm drainage improvements. The storm drainage system for these streets will also be dedicated to the City of Bremerton along with the necessary easements. A condition of accepting the proposed dedications is a requirement that the City of Bremerton agrees to maintain and manage these rights-of-way pursuant to State law and City Code and policies. Staff recommends passage of the proposed resolution. There were no comments from the public. #2330 M/S/C/U (Reed/Younger) Move to pass Resolution No. 2812, which accepts the dedication, as City of Bremerton rights-of-way, of a portion of West Hills Boulevard approximately 700 feet long and located north of Haselwood Street, and a portion of Haselwood Street approximately 460 feet long and located east of Union Avenue; and which obligates the City to manage and maintain these right-of-way; and which authorizes the Mayor to sign the dedication documents. 11C- PUBLIC HEARING AND RESOLUTION NO. 2813. REGARDING RECOVERY OF FEES FOR THE ABATEMENT OF A DANGEROUS CHIMNEY ON THE PROPERTY LOCATED AT 1614 WHEATON WAY (#AB01-124): Janet Lunceford, Building Development Specialist 1[, stated that on April 5, 2001, Public Works secured a dangerous earthquake-damaged chimney on the house located at 1614 Wheaton Way after the owner, Colby Jacobs, failed to do so as ordered. The cost of the work, including administrative fees, totaled $1,067.69. Council must now decide if the fees are reasonable and how those fees should be collected. A letter from Colby N. Jacobs was received. Robert Jacobs provided testimony on the work that he has done to temporarily secure the chimney. #3130 M/S/C (Younger/McConnell) Move that Council, by Resolution No. 2813, order that the fees incurred for the abatement of a dangerous chimney located at 1614 Wheaton Way be collected as reasonable abatement costs and become a lien against the property. Voted in favor of motion: McConnell, Younger, Arends, Reed, and Shepherd Voted in opposition of motion: Olsen, Rollman, and Esser Motion carried: 5-Yes; 3-No 11D- PUBLIC HEARING AND RESOLUTION NO. 2814, REGARDING RECOVERY OF FEES FOR THE ABATEMENT OF DEMOLITION DEBRIS ON THE PROPERTY LOCATED AT 2133 8TM STREET (#AB01-125): Janet Lunceford, Building Development Specialist II, said that on April 5, 2001, Public Works removed the debris remaining after the demolition of a garage on the property located at 2133 8th Street, after the owner, Stephen Gazda, failed to do so as ordered. The cost of this action, including the administrative fee, totaled $1,293.80. Council must now decide if the fees are just and reasonable, and how those fees should be collected. TAPE #1773 Stephen Gazda provided a letter as well as testimony in his defense. #0080 M/S/C/U (Younger/Arends) Move that Council, by Resolution No. 2814, order that the fees incurred for the abatement of demolition debris located at 2133 8th Street be collected as reasonable abatement costs and become a lien against the property. Voted in favor of motion: Rollman, McConnell, Younger, Arends, Reed, and Shepherd Voted in opposition of motion: Shepherd Motion carried: 5-Yes; 3-No TAPES #1772 & #1773 City Council Reg. Mtg. Minutes June 6, 2001 Page 6 of 6 With no regular Council business, the meeting adjourned at 7:10 P.M. The Council then reconvened in the Conference Room for the "Monthly Study Session" to discuss the topics "Freeholders Home Rule Charte/"; and Work Plan & Goals for Recreation Priorities with the Public Facilities District Boarcf'. Prepared and Submitted by: LORI SMITH, Legislative Assistant Attest: PAULA JOHNSTON, Deputy City Clerk JOHN LAW, City Council President City of Bremerton JL/PJ/Is/cge c: Normal Distribution File AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: 'FOR AGENDA OF: JUNE 27, 2001 ORIGINATING DEPT.: CITY COUNCIL MINUTES OF MEETING-- JUNE 13, 2001 ORIGINATOR: JOHN E. LAW, PRESIDENT DATE SUBMI'I-I'ED: JUNE 1~), 2001 2. CLEARANCES: (Comment on back if necessary) 3. EXHIBITS: ENDORSEMENT Fl INFORMATION ri APPROVED BY COUNCIL ~,RI/ESIDENT FOR SUBMITTAL: MAYOR COUNCIL PRESIDENT ,~.~.-''''',--'7-'¢- ._~ 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: 8. RECOMMENDATION: 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED ri TABLED I'] APPROVED [] DISAPPROVED ri AMENDED FI DATE: ~~ COUNCIL DIRECTIVE: 11. AGENDA BILL NO.: (OVER) 1'7 2. CLEARANCE COMMENTS: 4. SUMMARY STATEMENT (CONTINUED): 5. IMPACT OF NON-PASSAGE: 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCER: 7. RESEARCH SOURCES: TAPE #1774 UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES June 13, 2001 The weekly meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, 239 4t" Street, Bremerton, Washington, Wednesday, June 13, 2001, at 5:30 P.M., with Council President John Law presiding. Council members present were Jim Reed, Carol Arends, Mike Shepherd, Ed Rollman, and Cecil McConnell. Council Members Wayne Olsen, Eric Younger, and Conrad were absent. Also present were Assistant City Attorney David St. Pierre; Deputy City Clerk Paula Johnston; and Legislative Assistant Lori Smith. The meeting opened with the Pledge of Allegiance led by Council Member Cecil McConnell, followed by the invocation given by Major Jim Baker of Salvation Army. President Law made the following announcements: 1) A Pre-Council session was held to discuss general Council business; followed by a l O-minue Executive Session to "Evaluate an Application for Employment"; and 2) Council will reconvene in the Council Conference Room immediately following the meeting to hold 10-minute Executive Session to discuss "Real Estate Acquisition"; followed by a Study Session to discuss the "Parks & Recreation Comprehensive Plan Update". CONSENT AGENDA A. Minutes of Meeting - May 16, 2001 (#AB01-126) #0025 M/S/C/U (McConnell/Arends) 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. #0054 M/S/C/U (Reed/McConnell) On June 13, 2001, the Council does approve for payment those vouchers included and further described as follows: Checks 252932 through 253118 in the amount of $866,925.21; and Regular Payroll in the amount of $1,008,313.53 for the period ending 5/31/01. COUNCIL MEMBER REPORTS Carol Arends reported that although work was delayed due to rain, the project is still continuing at Callow Avenue. Mike Shepherd encouraged citizens to attend the first annual "El Carnaval Latino" event in downtown Bremerton on Saturday, July 7; thanked City staff for their efforts in resolving several neighborhood issues; work has begun on one of the murals planned for the area of 6th & Park; reported that he met with several Pacific Avenue businessmen to discuss parking issues; met with McKenzie Avenue residents in preparation for the fireworks issues and related problems; and lastly provided an updated report on the Evergreen Park Expansion project. Ed Rollman discussed the Mayoral Candidate Forums sponsored by One-World Bagel & Pizza Company and Goodies Candy & Ice Cream Shop, and reported that the Bremerton Centennial Photo Display exhibit would continue to remain open daily. John Law thanked everyone who called or sent cards to wish him well during his recent illness; and acknowledged Kathleen Cahall, Water Resources Manager, for her presentation at the District #3 neighborhood meeting held last night TAPE #1774 City Council Reg. Mtg. Minutes June 13, 2001 Page 2 of 4 COUNCIL COMMITTEE REPORTS: Carol Arend$ planned to attend the PSRC Transportation Policy Board meeting tomorrow; Ed Rollman reported his attendance at the Kitsap County CenCom Policy Board meeting yesterday; and John Law announced that Carol Arends and Mike Shepherd have been re-appointed by the Mayor to PSRC Committees. MAYOR'S REPORT - There was no report this evening. LEGISLATIVE REPORT - There was no report this evening PUBLIC RECOGNITION H. Emily Moshay welcomed the chance to host Senator Betti Sheldon during a recent visit to Bremerton, and thanked Senator Sheldon for taking time from her busy schedule. Don Larson was pleased with the work being done on the Gateway Project, but questioned why there was no provision to plant trees in the recently added sidewalk between First Street and Burwell. Joe E. Murphy, Vice-President of Washington State Labor Council and AFL-CIO, was upset to find his car had been towed while he was away, and equally upset at the related bill he received. He therefore presented a letter from the Kitsap County Central Labor Council requesting that the City "cease in towing any vehicle until the owner of said vehicle is notified that the vehicle is to be towed." Pete Ross voiced his concern regarding a traffic ticket received by the City of Bremerton for lack of having proof of auto insurance, and then having no recourse to have that portion of the ticket waived. 10A - EASEMENT GRANTED TO PUGET SOUND ENERGY (PSE) FOR ELECTRICAL FACILTIES AT EVERGREEN PARK (#AB01-127~: Becky Lorber, Recreation Programmer II, summarized that Puget Sound Energy is requesting a grant of several easements at Evergreen Park for relocation and conversion of their electrical facilities in conjunction with the development of Evergreen Park Phase There were no comments from the public. #0870 M/S/C/U (Shepherd/Reed) Move to approve the easement grant to PSE for the relocation and conversion of electrical facilities in conjunction with the development of Evergreen Park Phase 10B - BID AWARD FOR SOLID WASTE, RECYCLING, AND YARD DEBRIS COLLECTION SERVICES CONTRACT TO RABANCO LTD. (#AB01-128): Kathleen McCluskey, Administrative Services Director, stated that by ordinance, a Solid Waste Advisory Committee was formed in January 2000, comprised of John Law, Chair; Wayne Olsen, Lyle Nelson, representing residents; Steve McDaniels, representing businesses; Gene Sampley, Public Works & Utilities Director; David St. Pierre, Assistant City Attorney; and Kathleen McCluskey, Administrative Services Director. Throughout the past year, the committee worked with the consultant to develop the bid specifications, distributed surveys through the garbage bills and district meetings, and held public hearings. Three bids were received on Monday May 21, 2001, and the Iow bidder was Rabanco, Ltd. With a bid $400,000 lower than the next lowest bid. New vehicles and bins are included in the proposal. Bob Barris, Vice-President with Rabanco offered thanks to the City for choosing Rabanco. TAPE #1774 City Council Reg. Mtg. Minutes June 13, 2001 Page 3 of 4 Don Larson questioned if Rabanco would continue the tradition of donating solid waste bins for City volunteer activities. Mr, Barris reminded Mr. Larson that he was instrumental in providing the bins initially, and that service would continue. H. Emily Moshay welcomed Rabanco's Barris back to Bremerton. John Law briefly discussed the highlights of the new contact, and questioned how customers would separate glass for recycling. Mr. Bards indicated that they would continue the process currently used in King County, using a separate container for the glass that would hook onto the larger recycle cart. #1355 MIS/CIU (Arends/Rollman) Move that Council approve bid award for Solid Waste, Recycling, and Yard Debris collection services to Rabanco, Ltd. Item 11-B was heard prior to Item 11-A... 11B - ORDINANCE (FIRST READING) AMENDING BREMERTON MUNICIPAL CODE (BMC) CHAPTER 2,04, PROVIDING A NOTICE OF HEARINGS AGENDAS; AND PROVIDING FOR ALTERNATE MEETING PLACES FOR CITY COUNCIL (#AB01-130): Council President John Law stated that under the terms of the City Charter, the City Council needs to provide for a procedure for Notice of Meetings and Council Agendas. Additionally, the current BMC provision relating to special meetings requires that all meetings are to be held in Council Chambers. The Council may wish to provide for alternate meeting places, including the Council Conference Room. These changes need to be accomplished by ordinance. The current ordinance does not provide for the possible need to change the place or time of a regular Council meeting. Provision is added by the proposed ordinance to address special needs. There were no comments from the public. #1446 M/S/C/U (Shepherd/Reed) Move to approve at first reading an ordinance amending BMC Sections 2.04.010 and 2.04.020 providing procedures for giving notice of Council meetings and agendas, and for alternate locations for City Council Meetings, upon notice. 1 lA- ORDINANCE (FIRST READING) AMENDING EXISTING GAMBLING TAX RATES AND ESTABLISHING A NEW TAX RATE FOR HOUSE-BANKED CARD GAMES (#AB01-128): Paula Johnston, Deputy City Clerk, stated that the City gambling tax code currently does not provide for house-banked card games. It is being proposed that we adopt the same taxing scheme and tax rate that Kitsap County has implemented. The tax rate would be 2% of the gross receipts generated from house-banked card games. On average a casino that offers house-banked games can generate between $30,000 and $50,000 per year in tax revenue using the 2% tax rate. Also included in this amending ordinance are housekeeping changes to gambling rates for non-profit organizations who offer bingo, raffles, and pull tabs pursuant to changes in RCW 9.46. Frank Evans explained that it was his plans to invest and renovate the former West Park Lanes that initiated this action, and offered to answer any questions. There were no comments from the public. #1749 M/S/C/U (Shepherd/Reed) Move to approve on first reading an ordinance amending existing gambling tax rates pursuant to RCW 9.46 and establishing a new tax rate for house-banked card games. TAPE #1774 City Council Reg. Mtg. Minutes June 13, 2001 Page 4 of 4 Council reconvened in the Conference room from 6:30 to 6:40 P.M. for a 10-minute Executive Session to discuss "Real Estate Acquisition". With no further Council business, the regular meeting was adjourned at 6:40 P.M. The Council then met for a Study Session to discuss the "Parks & Recreation Comprehensive Plan Update". Prepared and Submitted by: LORI SMITH, Legislative Assistant Attest: PAULA JOHNSTON, Deputy City Clerk JOHN LAW, City Council President City of Bremerton JL/PJ/Is/cge c: Normal Distribution File AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: 'FOR AGENDA OF: j~. 27, 2001 ORIGINATING DEPT.: CITY COUNCIL MINUTES OF MEETING-- ~L~. 20, 200t ORIGINATOR: JOHN E. LAW, PRESIDENT DATE SUBMITTED: .~t~. 21, 200~ 2. CLEARANCES: (Comment on back if necessary) 3. EXHIBITS: ENDORSEMENT ri INFORMATION ['] APPROVED BY COUNCIL?,.RI/ESIDENT FOR SUBMI'I-I'AL: MAYOR COUNCIL P RESl DENT~>~C._~-~ :~/~~_~ ..~ 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: 8. RECOMMENDATION: 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED ri TABLED [] APPROVED FI DISAPPROVED [] AMENDED ['1 DATE: --3 COUNCIL DIRECTIVE: 11. AGENDA BILL NO.: (OVER) 2. CLEARANCE COMMENTS: 4. SUMMARY STATEMENT (CONTINUED): 5. IMPACT OF NON-PASSAGE: 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: 7. RESEARCH SOURCES: TAPE #1775 UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES June 20, 2001 The weekly meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, 239 4t" Street, Bremerton, Washington, Wednesday, June 20, 2001, at 5:30 P.M., with Council member Carol Arends presiding. Council members present were Jim Reed, Conrad Esser, Eric Younger, and Ed Rollman. Council President John Law and Council members Mike Shepherd, Cecil McConnell, and Wayne Olsen were absent. Also present were Assistant City Attorney David St. Pierre; Deputy City Clerk Paula Johnston; and Legislative Assistant Lori Smith. The meeting opened with the Pledge of Allegiance led by Council Member Eric Younger, followed by the invocation given by Acting-President Carol Arends. Acting-President Arends made the following announcements: 1) A Pre-Council session was held to discuss general Council business; and 2) Council will reconvene in the Council Conference Room immediately following the meeting to hold a Study Session for a "Computer Upgrade Discussion". CONSENT AGENDA A. Minutes of Meeting - May 23, 2001 (#AB01-131) B. OF-2 to Manette Treatment Plant Conveyance Improvements, Contract Change Order Authorization (#AB01-132) #0055 M/S/C/U (Rollman/Younger) 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. #0095 M/S/C/U (Esser/Rollman) On June 20, 2001, the Council does approve for payment those vouchers included and further described as follows: Checks 253119, and 253129 through 253341 in the amount of $834,895.59; and Regular Payroll (Retro BPOG) $44,518.67 for the period ending May 31, 2001. COUNCIL MEMBER REPORTS Eric Youn_oer discussed a recent meeting with Jeanni Johnson of the Planning Department regarding the improvements and current status of Anderson Cove, and plans to provide monthly updates. Ed Rollman attended the groundbreaking ceremony for the Indoor Soccer Facility at Pendergast Park; and announced the "El Carnaval Latino" event on Saturday, July 7th in downtown Bremerton. Carol Arends was pleased that the Callow Avenue & Burwell Street intersection was now open. COUNCIL COMMITTEE REPORTS: Carol Arends discussed her attendance at the PSRC Transportation Policy Board meeting last week; and Ed Rollman discussed his first meeting with the Fire Pension Board this morning. MAYOR'S REPORT Mayor Horton encouraged the public to take a look at the progress underway on the Evergreen Park Expansion project. She also attended the groundbreaking ceremony for the Indoor Soccer Facility at Pendergast Park, and announced there would be a lighting ceremony on Thursday at 5:30 P.M. TAPE #1775 City Council Reg. Mtg. Minutes June 20, 2001 Page 2 of 4 LEGISLATIVE REPORT At the Council meeting on June 13, 2001, Don Larson wanted to know why there was no provision to plant trees in the recently added sidewalk on Callow Avenue between First Street and Burwell. The Gateway Project Manager responded that this issue was investigated by the Project's Landscape Architect, however it was decided that the area was not wide enough. They are currently looking into landscaping an area of excess right-of-way at the southeast corner of Callow Avenue and Burwell. PUBLIC RECOGNITION Bob Tulp and Marylyn Waibel announced the City would be participating in the "World Changers" program July 14 - 21, and provided a map showing the residents selected for the home rehabilitation program. It was further announced that the City of Bremerton was chosen to participate in the "World Changers" program next year, therefore the Council members were encouraged to look around their respective Districts and report any homes that they felt would benefit from the program. Lastly, the Council members were encouraged to attend a Barbecue at the Bremerton High School on Friday, July 20 at 5:30 P.M. to honor and show appreciation for the volunteer students who provide the work. Roy Mclnnis thanked the Council staff for showing their appreciation and acknowledging his willingness to provide invocations for Council meetings, and stated that he was always willing to help out whenever he could, and hoped that everyone was also willing to do their part. Don Larson presented plaques of appreciation to recognize the efforts provided for the Sinclair Inlet Clean-Up event to the Mayor & her staff; Chance Berthiaume of the Water Resources Department & his son Daniel; Sherry Thornton of WSDOT; and Jim Bolger of the Washington Sea Grant Program and the University of Washington. Darrel McDorman stated that he raised concerns a few weeks ago regarding the ingress/egress onto Wheaton Way from the new Walgreen's, and again warned the City of his fear of traffic accidents. 10A- ORDINANCE NO. 4764 (SECOND READING) AMENDING EXISTING GAMBLING TAX RATES AND ESTABLISHING A NEW TAX RATE FOR HOUSE-BANKED CARD GAMES ~_#AB01- 128): The first reading of the ordinance was heard at the Council meeting on June 13, 2001. Laura Lee Hanson asked for clarification on this action before Council, then expressed her fears that passage of this ordinance would pave the way for casinos in Bremerton, which she felt would not be a good thing for the City. Paula Johnston responded that the City gambling tax code currently does not provide for house-banked card games, so it is being proposed that the City adopt the same taxing scheme and tax rate that Kitsap County has implemented. The tax rate would be 2% of the gross receipts generated from house-banked card games. Also included in this amending ordinance are housekeeping changes to gambling rates for non-profit organizations who offer bingo, raffles, and pull tabs pursuant to changes in RCW 9.46. Mr, Reed commented that although he understood Mrs. Hanson's concerns, the Council could not legislate "morality", but the Council needed to legislate "opportunity" to encourage economic growth. Mr. Esser pointed out that the City's zoning already allows casinos and the action before Council tonight was merely changing the tax code. #0825 M/S/C/U (Reed/Esser) Move to pass on second reading Ordinance No. 4764, amending existing gambling tax rates pursuant to RCW 9.46 and establishing a new tax rate for house-banked card games. TAPE #1775 City Council Reg. Mtg. Minutes June 20, 2001 Page 3 of 4 10B - ORDINANCE NO. 4765 (SECOND READING) AMENDING BREMERTON MUNICIPAl CODE (BMC) CHAPTER 2.04, PROVIDING A NOTICE OF HEARINGS AGENDAS; AND PROVIDING FOR ALTERNATE MEETING PLACES FOR CITY COUNCIL (#AB01-130): The first reading of the ordinance was heard at the Council meeting on June 13, 2001. Darrel McDorman asked for clarification on where else the Council would hold their meetings. Mrs. Arends stated that this was a "house-cleaning" issue, and would allow the Council to meet in the Council Conference room as well as the Council Chambers. She also provided assurance that proper notice requirements would be met. #0895 M/S/C/U (Reed/Esser) Move to pass on second reading Ordinance No. 4765, amending BMC Sections 2.04.010 and 2.04.020 providing procedures for giving notice of Council meetings and agendas, and for alternate locations for City Council Meetings, upon notice. 11A- RESOLUTION NO. 2815, ACCEPTING THE DEDICATION OF A PORTION OF HARRISON MEMORIAL HOSPITAL LAND FOR PUBLIC RIGHT-OF-WAY (#AB01-133): Jennifer Strehler, City Engineer, pointed out that Harrison Memorial Hospital has proposed the dedication of rights-of-way to the City of Bremerton for an existing corner of a street and sidewalk. The street and sidewalk are described legally in the attached dedication documents, but can be generally as the southeast corner of the intersection of Cherry Avenue and Ash Street. The street and sidewalk to be dedicated were constructed in accordance with the City Street Standards and were inspected by the Department of Public Works and Utilities during their construction. Improvements to the street include paving, curb and gutter, and sidewalk. A condition of accepting the proposed dedication is a requirement that the City of Bremerton agrees to maintain and manage this area of rights-of-way pursuant to State law and City Code and policies. Staff recommended passage of the proposed resolution. There were no comments from the public. #0965 M/S/C/U (Rollman/Younger) Move to pass Resolution No. 2815, which accepts the dedication, as City of Bremerton rights-of-way, of the southeast corner of the intersection of Cherry Avenue and Ash Street; and which obligates the City to manage and maintain this area of rights-of-way; and which authorizes the Mayor to sign the dedication documents. 11B - RESOLUTION NO. 2816, REGARDING THE RECOVERY OF FEES FOR REMOVAL OF VEGETATION ON MULTIPLE PROPERTIES (#AB01-134): Janet Lunceford, Building Development Specialist II, reported that Ordinance No. 4584 declares that it is unlawful and a nuisance to allow, continue, or maintain grass and weeds exceeding 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, Council is 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. It was noted that several properties have since met requirements, and therefore were removed from the list of abatements. There were no comments from the public. Mr. Esser suggested that the media run a story to encourage landlords and property owners to maintain their properties because the Council will take action to force compliance with the ordinance. TAPE #1775 City Council Reg. Mtg. Minutes June 20, 2001 Page 4 of 4 #1180 M/S/CIU (Younger/Reed) Move to pass Resolution No. 2816 as amended, ordering that the nuisance vegetation on the properties identified by the attached listing be removed by the City with fees incurred collected as reasonable abatement costs, which shall become a personal judgement against the owner and a lien against the property. The regular Council meeting was adjourned at 6:10 P.M. Council then reconvened in the Council Conference Room for a Study Session to discuss "Computer Upgrades". Prepared and Submitted by: LORI SMITH, Legislative Assistant Attest: PAULA JOHNSTON, Deputy City Clerk JOHN LAW, City Council President City of Bremerton JL/P JIIslcge c: Normal Distribution File AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Resolution - ~["7 FOR AGENDA OF: June 27, 2001 Adopting an Interim Parks & Recreation ORIGINATING DEPT: Parks & Recreation Comprehensive Plan Update ORIGINATOR: J. Wroblewski, Acting Director DATE SUBMITTED: June 13, 2001 2. CLEARANCES: 3. EXHIBITS: (Comment on back if necessary) (Presented at the June 13, 2001 Study Session) Fiscal & Budget Committee: ~//3/o I * Resolution b,~ ~ ~ 7 Operations Committee: ~ / [ '~/O I * ENDORSEMENT*)~ INFORMATION APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The Bremerton Parks & Recreation Department has prepared an interim Parks and Recreation Comprehensive Plan Update to the 1995 Parks and Recreation Comprehensive Plan. The proposed interim plan gives an overview of City of Bremerton parks, recreation, and open space planning; identifies regional, community and neighborhood parks classification systems and standards; proposes urban and regional Parks and Recreation goals and objectives; identifies potential funding sources; and identifies an interim two-year implementation plan. The plan will promote the development, operation, and maintenance of a comprehensive parks, recreation, and open space system throughout City of Bremerton that will provide for a wide range of personal, social, economic, and environmental benefits to the citizens of the City of Bremerton. The interim plan will be further considered through the Growth Management comprehensive land use planning process during the development and adoption &the City of Bremerton's City Comprehensive Plan to be accomplished in 2002. 8. RECOMMENDATION: Motion to adopt Resolution No. ~ ~ [~ , Interim Parks & Recreation Comprehensive Plan Update 9. RESPONSIBLE OFFICIAL: JoAnne Wroblewski ENFORCEMENT OFFICIAL: JoAnne Wroblewski EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED TABLED APPROVED DISAPPROVED COUNCIL DIRECTIVE: DATE: 11. AGENDA BILL #: ~ -~? 2. CLEARANCE COMMENTS: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION (continued): 5. IMPACT OF NON-PASSAGE: The City will not qualify for current grant opportunities. 6. IMPACT ON STAFFING~ BUDGETS~ FACILITIES~ EQUIPMENT OR OTHER RESOURCES: The Parks & Recreation Department will join the City's Comprehensive Plan program during 2001-2002 devoting staffand materials to this effort. 7. RESEARCH SOURCES: RESOLUTION NO. .2 $ A RESOLUTION adopting the City of Bremerton Parks and Recreation Interim Comprehensive Plan. WHEREAS, in the year 2002, in order to comply with State of Washington Growth Management mandates, the City of Bremerton is required to adopt a 5 year update to its City-wide Comprehensive Plan; and WHEREAS, the City of Bremerton's Parks and Recreation Department desires to co-ordinate its Comprehensive Parks and Recreation Plan with the City's land use plan; and WHEREAS, the City of Bremerton desires to become an eligible urban jurisdiction for the Urban Park and Recreation Recovery (UPARR) Program through the National Park Service in order to apply for grant assistance; and WHEREAS, a prerequisite for UPARR grant assistance a planning document, called a Recovery Action Plan, must be submitted and approved; and WHEREAS, the City of Bremerton Parks and Recreation Department has prepared an Interim Comprehensive Plan; and WHEREAS, following public input and public meetings, the City of Bremerton Parks and Recreation Commission recommended adoption of such an interim plan; and WHEREAS the City of Bremerton City Council has held its own duly advertised public hearing on the proposed interim plan; and VCHEREAS the proposed interim plan gives an overview of City of Bremerton parks, recreation, and open space planning; identifies regional, community and neighborhood parks classification systems and standards; proposes urban and regional Parks and Recreation goals and objectives; identifies potential funding sources; and identifies an interim two-year implementation plan; and WHEREAS adoption of the interim plan will promote the development, operation, and maintenance of a comprehensive parks, recreation, and open space system throughout City of Bremerton that will provide for a wide range of personal, social, economic, and environmental benefits to the citizens of the City of Bremerton; and NOW THEREFORE be it resolved that the City of Bremerton Interim Comprehensive Parks and Recreation Plan is hereby adopted. The City of Bremerton Parks and Recreation Interim Plan consists of the June 2001 draft with the attached map of the City of Bremerton Parks and Recreation System. Adopted said Interim Plan will become the basis for the Recovery Action Plan leading to eligibility as an urban jurisdiction for the Urban Park and Recreation Program under the auspices of the National Park Service. Adopted by the City Council of the City of Bremerton this day of .,2001. JOHN LAW, Council President 31 AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: RESOLUTION NO. o~ i ~ FOR AGENDA OF: 06/27/01 AUTHORIZING AN INTERFUND LOAN FROM THE ORIGINATING DEPT: Admin Services EQUIPMENT RENTAL FUND TO THE GENERAL FUND AND ORIGINATOR: K. McCluskey RELATED BUDGET ADJUSTMENT. DATE SUBMITTED: June 21,2001 2. CLEARANCES: Comment of back if necessary) 3. EXHIBITS: City Treasurer ~ Proposed Resolution ,D. ~ I' ~ ~ Budget Adjustment Request 2001 #12 NO COMMITTEES; STUDY SESSION 6/20 ENDORSEMENTS,/X(~ INFORMATION ~ APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: MAYOR ~ '~. ~--~ ~ COUNCIL PRESIDENT, ~_--~~ ~ 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION' The proposed resolution will provide a portion of the funding for improvements to several City computer systems. The borrowing authority will be used on an "as needed basis" and will be dependent on the timing of the several components of the systems improvement project. The proposed budget adjustment will provide expenditure authority necessary to issue the loan and for the use of loan proceeds on the computer systems project. 8. RECOMMENDATION: 1. Motion to approve Resolution No. ~'l ~' authorizing the inter-fund loan from the Equipment Rental Fund to the General Fund. 2. Motion to approve Budget Adjustment 2001 #12. 9. RESPONSIBLE OFFICIAL: Dir. Admin. Serv. ENFORCEMENT OFFICIAL: Mayor EXPIRATION DATE: 12/31/2006 REVIEW DATE: N/A 10. NOTICE OF ACTION JL.J LD COUNCIL DIRECTIVE: 11. AGENDA BILL NO: O I - ill/'~) 2. CLEARANCE COMMENTS: $. IMPACT ON NON-PASSAGE: The computer systems upgrades will be limited to current appropriations limiting the ability to proceed with severa critical improvements. 6. IMPACT ON STAFFING~ BUDGETS~ FACILITIES~ EQUIPMENT OR OTHER RESOURCES: Increases current year expenditure authority for the project with loan payments to be made in future years. 7. RESEARCH SOURCES: Staff analysis. RESOLUTION NO. c~ ~ ] ~ A RESOLUTION authorizing an Interfund Loan to the General Fund from the Equipment Rental Reserve Fund. WHEREAS, the General Fund has an immediate need for cash with which to provide a portion of the financing for improvements to the City's computer systems; and WHEREAS, the size and nature of this transaction does not lend itself to an extemal financing; and WHEREAS, surplus cash in an amount sufficient to meet the needs of this project is presently on hand in the Equipment Rental Reserve Fund; NOW, THEREFORE, let it be resolved, that the City Treasurer is hereby authorized and directed to make an interfund loan from the Equipment Rental Reserve Fund to the General Fund in an amount not to exceed $232,000. This loan shall bear interest at the rate of 5.5% per annum and shall be repaid in its entirety not later than December 31, 2006. ADOPTED by the City Council of the City of Bremerton this day of ,2001. JOHN LAW, Council President CITY OF BREMERTON BUDGET ADJUSTMENT REQUEST Requesting Department: ADMINISTRATIVE SERVICES Adjustment Number: 2001 #12 Approval Authority Required: [-]Treasurer ~-'~ Mayor [--Fiscal & Budget r~Council SOURCE OF FUNDS: USE OF FUNDS: Description Amount Description Amount GENERAL FUND: Proceeds of Inter-Fund Loan 232,000 Computer System Improvements 232,000 EQUIPMENT RENTAL FUND: Reduce Ending Cash 232,000 Issue Inter-Fund Loan 232,000 NARRATIVE: This adjustment will provide budgetary authority needed for the upgrades to various city-wide computer systems as described in study sessions. The adjustment will also provide for an interfund loan to finance a portion of the project. Department Head Signature Date Director Signature Date Treasurer Comments: r-~ Rec°mmended F-~ N°t Rec°mmended Treasurer's ' ~ Da~J~'''\ Signature Mayor Comments: ~ Recommended ~ Not Recommended ~ Approved r-'--] Denied Mayor's Signature Date Fiscal & Budget Committee Comments: Recommended F~ Not Recommended Approved ~ Denied Fiscal & Budget Committee Signature Date COMPUTER HARDWARE / SOFTWARE COST ESTIMATE 2001 2001 2001 GENERAL GENERAL 2001 PROJECT UTILITY FUND FUND BUDGET COST SHARE SHARE BUDGET ADJUSTMENT 1 PC's $ 81,700 $ - $ 81,700 $ 81,700 $ - 2 Financial Applications 240,000 70,000 170,000 108,000 62,000 3 Quadrant Receipting AS/Police 20,000 20,000 - 20,000 Parks 10,000 10,000 - 10,000 4 Building/Permitting 70,000 70,000 15,000 55,000 5 Police Records 57,000 57,000 50,000 7,000 6 I-Net with AT&T 85,000 17,000 68,000 68,000 7 Laserfische - Planning 10,000 - 10,000 10,000 TOTAL $ 573,700 $ 87,000 $ 486,700 $ 254,700 $ 232,000 The elements of this project will be accomplished over a one to two year time frame. The most significant factor limiting the rate of implementation will be the availability of staff time. To the extent that the projects proceeds ahead of available cash flows, we expect to finance the project using an interfund loan. The term of the loan will not exceed 5 years is expected to run concurrently with the project. AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: FOR AGENDA OF: 06/27/~ ORIGINATING DEPT: Tr~rer~ Contract for Upgrade of Financial Software, ORIGINATOR: / Rich Vj'i"t~ -~O~ (~-.~O,.~c~ ~V['/"-Ct-vf~0L'~-'[ (:r/t_ .-~-"/,lP,~. DATE SUBMITTED: 06/19/2001 2. CLEARANCES: Comment of back if necessary) 3. EXHIBITS: Dir. Admin. Services ~',,t'~~ Proposed Contract Purchasing Manager~~ Fiscal&Budget Operations ENDORSEMENfS .)~' INFORMATION ~ APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The City has been using its current financial software since 1988. In order to be more productive and to take advantage of the capabilities of current computer technology, the department is proposing to upgrade these systems. This proposed upgrade will allow greater access to financial information in departments throughout the City and will provide much better reporting and analysis capabilities than those which currently exist. 8. RECOMMENDATION: Motion to approve the contract~for upgrade of computer software and authorize the Mayor to execute the same. 9. RESPONSIBLE OFFICIAL: Treasurer ENFORCEMENT OFFICIAL: Mayor EXPIRATION DATE: N/A _ REVIEW DATE: N/A 10. NOTICE OF ACTION PULLED TABLED APPROVED DISAPPROVED AMENDEIW~._ ~___.~ I Ir'"1 COUNCIL DIRECTIVE: 11. AGENDA BILL NO: ~)j - j ¥- ( 37 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: The City will continue to use the current application software with the attendant inefficiencies. 6. IMPACT ON STAFFING, BUDGETS~ FACILITIES~ EQUIPMENT OR OTHER RESOURCES: The project is currently budgeted. Adjustment to the budget may be required but will be brought to Council in the context of the City-wide computer upgrade plan. 7. RESEARCH SOURCES: Vendor client conferences, on-site demonstrations, review of competing products, demonstration of competing products, discussion with other municipalities. Government Resource Series to OPEN SERIES Financial and Revenue Systems Application Migration Agreement for the City of Bremerton, WA Note: This document refers only to the Government Resource Series applications which are being replaced by the OPEN SERIES. Any new OPEN SERIES applications, including those in Attachment I, which are being purchased, will be covered under Pentamation's Agreement for Software License, Sale and Installation of Equipment and Support and Maintenance Services. I. Software License A. SunGard Pentamation Inc. ("Pentamation"), grants to City of Bremerton ("Customer") and the Customer accepts, a non-transferable and non-exclusive license to use the computer sot~are programs listed in this Agreement on Customer's computer system(s). The licensed software programs and related written materials are hereinafter collectively referred to as the "Licensed Systems". Unless the source code is purchased by Customer under the terms of this Agreement, this license is for the use of object code programs only. The Licensed Systems may not be used to process data for any person or entity other than Customer. B. The functions and features of the soRware are defined by the Pentamation Application Software Specifications and the Pentamation Application Program User Manuals. If applicable, Pentamation's responses in the Application Sofl'~vare Specifications section of Pentamation's proposal represent its best professional judgment in response to the Customer's stated soft-ware requirements. However, there is the potential for multiple interpretations of the Customer's stated requirements. Pentamation's Specifications and User manuals contain a detailed description of the features and functions of the sol, are, and therefore, will serve as the sole source of software capabilities and fitness for any particular purpose. C. Pentamation Application Program User Manuals shall be provided to Customer on CD-ROM. Customer may make unlimited printed copies of such manuals for Customer's own internal uses. D. If Pentamation develops additional releases of the Licensed Systems which incorporate changes and enhancements, it will make such new releases available to Customer under the terms of its Application SoRware Maintenance Support Services as set forth in Attachment E, if chosen by the Customer. E. Customer recognizes that the Licensed Systems are confidential and trade secret property which is proprietary to Pentamation. Customer, its agents, employees and 3/01-MA023 1 Version 1~5 representatives shall not make available or disclose in whole or in part, any Licensed Systems, including flowcharts, logic diagrams and program code, to any third parties. Licensed Systems which are provided by Pentamation may be copied by Customer for backup purposes only and Customer shall not otherwise print, copy or duplicate the Licensed Systems. Customer will take reasonable steps to protect the security of the Licensed Systems and will inform all employees, agents and representatives who utilize the Licensed Systems of this requirement. Customer may not assign, timeshare, rent, reverse engineer, disassemble, de- compile, reverse translate, or otherwise decode the licensed systems. F. Within thirty (30) days after the date of discontinuance of the license granted under this Agreement, the Customer shall return to Pentamation the original and all copies of the Licensed Systems and the related written materials except that, upon prior written authorization fi:om Pentamation, the Customer may retain a copy for archival purposes only. II. Licensed Systems Scheduling and Sequencing: Financial Applications Implementation Timing Scheduled Live Date Fund Accounting beginning of cycle to be determined (Includes Purchasing and budgeting) Fixed Assets beginning of cycle to be determined Equipment Maintenance beginning of cycle to be determined Human Resources beginning of a quarter to be determined (includes payroll, personnel, attendance, and applicant tracking) Employee Benefits with Human Resources to be determined Position Control with Human Resources to be determined Personnel Budgeting beginning of budget cycle to be determined Revenue Applications Implementation Timing Scheduled Live Date Encompass Licenses beginning of cycle to be determined Miscellaneous Receivables beginning of cycle to be determined Note: Failure to complete any of the steps listed below in a timely manner may result in a delayed implementation schedule. III. Services to be Provided by Pentamation: A. Data Conversions 3/01-MA023 2 Version 1.5 Costs associated with the data conversions are listed in Attachment A. 1) Pentamation will provide standard data conversion programs as described in Attachment A. Any custom database changes, modifications or additional data conversion programs will be considered for programming at Pentamation's current hourly programming rate. Requests for additional conversion programming should be forwarded to Pentamation on the Request for Custom Programming Enhancement form. See attached. 2) For financial applications, Pentamation will provide documentation and procedures to run the standard conversions and verification reports in order for the data conversion to be processed by the customer. 3) For Revenue and Land Management applications, Pentamation will run the data conversion process, due to the complexity of these database structures. B. Regulatory Requirements 1) Pentamation will provide software to meet the following regulatory requirements using data which is supported within the baseline Human Resources and Fund Accounting application software: Federal Requirements: Federal 941 Report Calculate Tax on Group Life Insurance Over $50,000 1099 Reporting 1099-Misc 1099-R (retirement) 1099-Int 1099-G W2 Processing EEO4 Report FLSA Processing State Requirements: Washington State Department of Retirement Systems Monthly and Annual Report Worker's Compensation Report Employee New Hire Report Washington Employment Security Department Quarterly Tax and Wage Report Budget Accounting and Reporting System: Schedule 4 Detail Revenue File Budget Accounting and Reporting System: Schedule 5 Detail Expenditure File 3/01-MA023 3 Version 1.5 C. Training The cost associated with application training is detailed in Attachment B. 1) Pentamation will provide application training as described in Attachment B. D. Documentation 1) Pentamation will provide standard application software documentation in PDF (,portable document format) on CD-ROM. E. Custom Programming/Reports Custom programming modifications can be developed for a fee and will be addressed as follows: 1) Upon receipt of the detailed requirements for a custom modification or custom report on a custom programming request form, Pentamation will provide a preliminary estimate of the cost. 2) Upon approval of the preliminary estimate, Pentamation will provide detailed specifications and a fixed cost estimate. 3) Upon receipt of approval on the detailed specifications, Pentamation will schedule the project for completion. 4) Pentamation will code and test the modification using test data. 5) Pentamation will install the modification in a test environment on the Customer's machine. 6) When Customer testing is complete, Pentamation will move the modification to the production environment. F. Migration Analysis and Coordination Migration analysis and coordination services will be provided at a cost of $20,000. These services will include the following: 3/01-MA023 4 Version 1.5 1) Develop and review with customer a preliminary implementation plan for the products and services outlined above. 2) Internal project coordinator of Pentamation implementation, custom programming, engineering, and other staff resources. 3) Review and analysis of Government Resource Series and OPEN SERIES comparative features and functionality. 4) Review, analysis, and detailed specifications of hardware and system software requirements. G. Software Installation, Configuration, Set-Up and Implementation Assistance Sof~ware installation, configuration, set-up, and implementation assistance will be provided as described in Attachment F. These services include Application, Four- J's and Cognos installation on up to sixteen PC's. H. Maintenance and Support All of the Application Software Maintenance and Support services listed below will be provided by telephone communication contact between Pentamation and Customer for the costs listed in Attachment E. Customer will be responsible for all data line telephone charges involved in providing Application Software Maintenance and Support, and Pentamation will invoice Customer at cost. 1) Provide standard product enhancements when and as the same are developed by Pentamation; Pentamation shall distribute to Customer one copy of such product enhancements or corrected programs. Customer shall be responsible for incorporating such enhancements in each copy of the applicable Pentamation Software. 2) Provide programming modifications and support for the regulatory sofbvare listed in section III.B. Modifications and updates will be provided and are limited to those which use data supported within the baseline application sottware and are required for regulatory changes. 3) Provide assistance to Customer in the use of the Pentamation Application Software via telephone inquiries to Pentamation's designated sofbvare support offices up to the maximum number of hours per application as listed in 3/01-MA023 5 Version 1.5 q3 Attachment E. Telephone support services are available weekdays, excluding holidays, 8AM to 5PM Pacific Time. 4) Investigate errors in the intended capabilities of Pentamation Application Software upon receipt of notification from Customer and provide Customer with an alternate procedure or programming modifications to correct errors. Pentamation shall distribute to Customer one copy of such product enhancements or corrected programs. Customer shall be responsible for incorporating such enhancements in each copy of the applicable Pentamation Software. IV. Customer Responsibilities: A. Data Conversions 1) After the standard conversion programs, as described in Attachment A, are provided, Customer will run the data conversion program at least 1 week prior to training. Customer is responsible for verifying the accuracy of the data converted. 2) If a new Unix or NT server is involved in the migration, it is the Customer's responsibility to load the Government Resource Series databases onto the new server for the data conversion. This can be accomplished via network access or a compatible media device. Pentamation is available to assist with this step at our standard hourly rate of $150. 3) Customer is responsible for notifying Pentamation when the conversion is complete or if errors were encountered. 4) Some data entry will be necessary for information that is not converted. B. Regulatory Requirements 1) Customer will verify that each regulatory requirement is functioning properly in the new product and where practical mn the software in parallel mode comparing the results of Government Resource Series to OPEN SERIES (e.g. Payroll). Pentamation is available to assist with this step at our standard hourly rate of $150. C. Identification of Functional Requirements 3/01-MA023 6 Version 1.5 1) Although the OPEN SERIES software applications are being used successfully in a live environment at many customer sites across the country, there is some functionality which was provided in the Government Resource Series software which is not available in the new OPEN SERIES software. See Attachment D for a list of these features. For your reference, Attachment C lists features which are provided in OPEN SERIES software which were not available in Government Resource Series software. The purpose of the Customer identification of functional requirements is to verify that the software will meet all of your requirements and to identify areas which may require procedural changes or custom modifications. 2) Customer acknowledges they have reviewed the list and notified Pentamation of any issues. Customer will sign the Functional Requirements Checklist for each application noting any issues that were encountered and return to Pentamation no later than 30 days prior to live processing. In the event that the Functional Requirements Checklist is not returned to Pentamation, Customer acknowledges that there are no issues with regard to this item. D. Training 1) Customer will identify the participants for each phase of training and assure that the appropriate people attend each training session. 2) Financial training must include a parallel payroll run and a parallel accounts payable check run. Some data entry will be necessary for information that cannot be converted. 3) Transaction processing validation for revenue applications will be required for the ACIS (Utility Billing), Real Estate Tax, and Personal Property Tax applications. Some data entry will be necessary for information that cannot be converted. E. Custom Programming/Reports Due to the design differences (database structure, program logic, etc.) of the Government Resource Series and OPEN SERIES applications, previous Government Resource Series custom modifications cannot be automatically converted into the OPEN SERIES applications. If required, previous Government Resource Series custom modifications can be rewritten for the OPEN SERIES at a cost which will be identified and addressed as follows: 3/01-MA023 7 Version 1.5 1) For Financial and Revenue applications, Customer will contract with Pentamation for three days of requirements analysis to determine the extent of custom modifications required. Consulting services will be provided at our current hourly rate. 2) Customer will be responsible to review current custom software and custom reports to identify any custom modifications which will be required for the OPEN SERIES product. Customer will provide Pentamation with written detailed requirements on a Request for Custom Programming Enhancement form, attached. 3) Customer will determine based on the preliminary estimate whether or not to proceed with a custom modification. Return of the preliminary estimate signoff is Pentamation's authorization to prepare detailed specifications. 4) Customer will approve the detailed specifications indicating that the modification proposed will meet the requirement. 5) Customer will test any modifications in a test environment within 30 days of receipt to determine that the project performs according to the agreed upon specifications. Note that this testing must occur in a test environment to eliminate the possibility of causing data corruption with the newly written modification. 6) The OPEN SERIES Systems use standard forms (such as checks, bills, etc.) which are different from the Government Resource Series software. These include: Fund Accounting: AP Checks Purchase Orders Human Resources Payroll Checks Accounts Receivable Invoices Statements Licenses Business Licenses Invoices Business License Tax Returns 3/01-MA023 8 Version 1.5 Delinquent Tax Notices Business License Applications Customer must decide whether to request a custom modification so they can continue to use the existing form stock or whether to use the OPEN SERIES standard format. If a custom modification is required, the steps above should be followed. F. User Developed Reports Due to the design differences (database structure, program logic, etc.) of the Government Resource Series and OPEN SERIES applications, Customer will need to rewrite any Government Resource Series user-defined reports that will be required for the OPEN SERIES product. This includes but is not limited to IQ and Ace reports. Pentamation resources can be made available to assist with this effort on a time and materials basis. G. Required Software Products 1) Customer also will acquire from Pentamation any software products (such as Informix, 4J's, and Cognos listed in Attachment G) required for the implementation of the OPEN SERIES applications. Customer is required to contract for maintenance on the software products listed in Attachment G. H. Maintenance and Support 1) The Customer will be responsible to provide a dedicated dial-up line with a modem of Pentamation specifications on the Customer's computer equipment and a "superuser" system log-in account for Pentamation's use in support of this Agreement. 2) The Customer will be responsible to provide a CD, 4mm DAT or DLT drive which will be used to install new software releases, updates, enhancements, etc. 3) Customer will be responsible for the costs of travel, lodging and related expenses for training and support provided by Pentamation to personnel at Customer's location. 4) Customer will be responsible for making sure that all Informix products that will continue to be used or transferred to the new system are properly licensed 3/0l-MA023 9 Version 1.5 with appropriate Development and Runtime licenses and are kept under annual maintenance. 5) Customer agrees that if the Customer has application sofhvare changes or screen changes made by non-Pentamation employees, this may affect Pentamation's ability to perform its obligations hereunder or may result in extra charges by Pentamation. Services necessitated by problems caused by unauthorized Customer changes, acts of God, or Customer's improper use of the systems or equipment, or other causes beyond Pentamation's control may result in extra charges by Pentamation. 6) System Requirements. Pentamation solutions are designed to function at optimum levels when integrated with dedicated hardware resources. The addition of non-Pentamation provided software may adversely affect the performance or functionality of the Pentamation provided applications. Accordingly, Pentamation will not be responsible for system malfunctions or loss of functionality caused by the addition of non-Pentamation provided applications or utility software. Corrective measures for malfunctions caused by such additions will be at the option of Pentamation and will be billable at Pentamation's then-current hourly rate. Changes or modifications to the Pentamation operating environment (operating system, database software, or application software) performed by non- Pentamation personnel must be performed with the written approval of the Pentamation support organization. 7) Customer will appoint an individual to serve as central liaison with Pentamation, who shall have the responsibilities of system administrator as defined in Attachment J. Customer is also obligated to provide adequate personnel having sufficient skills and experience to operate and manage the Licensed Systems. 8) Customer will be responsible for acquiring any necessary Microsoft client access licenses for its workstations used in conjunction with Pentamation's application software products as listed in Section II. V. Payment and Billin~ a. The Customer agrees to pay PENTAMATION the fee for products and services as set forth in this Agreement. 3/01-MA023 10 Version 1.5 b. The Migration Analysis and Coordination fee in item III.F. shall be invoiced upon execution of this Agreement. c. A down payment of 25% of the software license fees in Attachment G shall be invoiced upon execution of this Agreement. The balance of the software license fees shall be invoiced upon delivery. d. Invoices not paid within thirty (30) days of the invoice date shall bear interest at the rate of 1.5% per month beginning thirty (30) days from invoice date. e. Installation, training and technical service invoices shall be submitted by PENTAMATION as incurred, shall be paid within thirty (30) days of the invoice date and shall bear interest thereafter as provided above. f. Invoices for application software maintenance and support are due within thirty (30) days of installation of the products on Customer hardware. g. All taxes, except taxes based on the net income of PENTAMATION resulting from the licensing or use of the Licensed Systems by the Licensee, including, but not limited to, property, sales, or use taxes, shall be the sole responsibility of the Licensee, and, where applicable, shall be added to PENTAMATION'S invoice. h. The standard hourly rate for training and programming services of $150 per hour will be fixed through December 31, 2002. 3/0l-MA023 1 1 Version 1.5 VI. General Provisions a. Neither party shall be liable or deemed in default for any delay or failure in performance of this Agreement resulting directly or indirectly from any cause beyond the control of the party. b. Pentamation warrants that it is the sole owner of or has full power and authority to use the sof~are to provide the services defined herein and that the use of the programs by Customer will not violate or infringe upon any patent, copyright or other proprietary fight of any third person. Pentamation will indemnify and hold Customer harmless from and against any loss, cost, liability, attorney fees and expense arising out of the breach of the foregoing warranty. c. Pentamation warrants that the so~vare modules listed in Section II will function as described in the then current user manual when shipped to the Customer. In the event of a defect in a program, Pentamation's sole responsibility shall be to replace or correct the defective program without additional charge to Customer provided the Customer is current on all payments to Pentamation in accordance with this Agreement. The foregoing warranty does not apply to defects caused by equipment or programs not supplied by Pentamation, where equipment used by Customer has not been approved by Pentamation, where Customer has made unauthorized changes to the programs or where Customer has given inaccurate information to Pentamation concerning Customer's requirements. d. The foregoing warranty is in lieu of ail other warranties expressed or implied, including but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Customer agrees that Pentamation~s liability hereunder for damages for failure to replace or correct a defective program, regardless of the form of action, shall not exceed the charges paid by the Customer for the preceding twelve months. e. No action, regardless of form, arising out of the transactions under this Agreement, may be brought by either party more than one year a~ter the cause of action has occurred, except that, an action for non-payment may be brought within one year after the date of the last payment. f. Pentamation shall not be liable to the Customer for any indirect, incidental or consequential damages even if Pentamation has been advised of the possibility of such damages. g. If any part, term, or provision of this Agreement shall be held illegal, unenforceable, or in conflict with any law of a federal, state or local government 3/01-MA023 12 Version 1.5 having jurisdiction over this Agreement, the validity of the remaining portions or provisions shall not be affected by such holding. h. A waiver by Pentamation or Customer of any breach of any term, covenant, or condition contained in this Agreement shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement, whether of the same or different character. i. Pentamation acknowledges the confidentiality of Customer's data, passwords and other confidential and proprietary information of Customer. Pentamation shall take all reasonable steps to safeguard such confidential information and shall not use or disclose the same, except in connection with its obligations hereunder. j. Assignment. This Agreement may not be assigned, sub-licensed or otherwise transferred by Customer to any other person or entity without the written consent of Pentamation. Any purported assignment, sub-license or transfer in violation of this provision shall be void and, among other things, shall immediately terminate any license granted hereunder. Subject to the foregoing, this Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties hereto. k. Scope of Work. Any changes in the scope of work covered by this Agreement, including requests by Customer for changes, modifications, or additions to the Licensed SoRware shall be covered by a separate agreement or purchase order mutually agreed to by the parties. I. Hiring. Customer agrees that during the term of this Agreement and for a two year period following the termination of this Agreement, they will not solicit, recruit, or hire any Pentamation employee. In the event that such activity occurs, Customer will pay to Pentamation damages in the amount of $50,000. m. Dispute Resolution and Compulsory_ Arbitration i. Negotiation Between Executives. The parties shall attempt in good faith to resolve disputes or claims arising out of or relating to this agreement promptly by negotiations between executives who have the authority to settle the controversy. Either party may give the other party written notice of any dispute not resolved in the normal course of business. Within twenty (20) days after delivery of said notice, such executives of the parties shall meet at a mutually acceptable time and place and thereafter as often as they reasonably deem necessary, to exchange relevant information and to attempt to resolve the dispute. If the matter has not been resolved within sixty (60) days of the original notice, or if the parties fail to meet within twenty (20) days, either party may initiate arbitration of the controversy or claim as provided hereafter. All negotiations pursuant to this 3/01-MA023 13 Version 1.5 clause are confidential and shall be treated as settlement negotiations for all purposes. ii. Binding Arbitration. If a dispute is not resolved pursuant to paragraph m.i above, the dispute must then be submitted for final disposition by arbitration conducted expeditiously in accordance with the United States Arbitration Act, 9 U.S.C.1. The parties further agree not to commence any suit, action or proceedings at law or equity arising out of this agreement and this agreement may be presented as a complete defense to any such litigation. The arbitration provisions contained herein shall survive the termination or expiration of this contract. The arbitration proceedings shall be held inKitsap County, Washington, and the arbitrators shall apply Washington law. The arbitration shall be conducted in accordance with the rules for commercial litigation of the American Arbitration Association. A demand for arbitration shall be made by a party in writing upon the other after expiration of the periods provided in paragraph m.i above. The demand shall include the name of the arbitrator selected by the party demanding arbitration, together with a statement of the matters in controversy. Within twenty (20) days of such demand, the other party shall name an arbitrator. The arbitrators named shall select a third neutral arbitrator. If the other party fails to name an arbitrator, the arbitrator shall be appointed by the United States District Court, Eastern District of Pennsylvania. Each party shall bear its own arbitration costs and expenses, and the costs and expenses of the arbitrator selected by it and 50% of the costs and expenses of the neutral arbitrator. Judgment upon the award of the arbitrators may be entered in any court of competent jurisdiction. n. Entire Agreement. This agreement, including the Attachments hereto, constitutes the entire agreement and all understandings between the parties conceming the subject matter hereof and supersedes all prior proposals or other communications between the parties, oral or written. No modifications and amendments hereto shall be binding upon either party unless in writing and signed by a duly authorized representative of the parties. IN WITNESS THEREOF AND INTENDING TO BE LEGALLY BOUND, the parties have caused this Agreement to be signed by its duly authorized officer. 3/0l-MA023 14 Version 1.5 5. Ci~' of Bremerton, Washington SunGard Pentamation, Inc By: By: Title Title Date Date 3/01-MA023 15 Version 1,5 Attachment A Government Resource Series Migration to OPEN SERIES Systems Data Conversion Costs Our approach to file conversion is that it be performed with a combination of Pentamation provided programming services and data entry. The major data files can be converted with the remainder of the smaller application files being entered directly into the system. Additional data conversions or Pentamation assistance with running the conversion is available based on a rate of $1,200 per day. All conversions will be run by the Customer. Financial Applications Applications/Files File Build Method Cost Training Phase Budget Preparation: Organization Chart Pentamation will provide an extract $2040 Budget Phase 1 Account List program to pull information Project List from GRS Fund Accounting and Expenditure Ledger build PE3.0 budget files for current year. Revenue Ledger .... Project Ledger .... Personnel Budgeting: All Files Recommended data entry or building from HRM once HRM data is converted or entered. Fund Accounting: Organization Chart Files will be built when information Account List is posted from Budgeting. Ledgers will Contain original budget balances only. Project List .... Expenditure Ledger .... Revenue Ledger .... Project Ledger .... General Ledger Data entry to build the Balance Sheet Fund Accounting Ph 2 accounts recommended. Mid Year Summary Conversion program will create a batch $1920 Fund Accounting Ph 2 Journal entry of summary year to date General, expenditure, revenue ledger, and Project ledger Activity. Vendor File Conversion Program $1560 Fund Accounting Ph 1 (including user~de£med fields to user-def'med screens) Purchasing: Requisition Files Data Entry 3/01-MA023 16 Version 1.5 Purchase Order Files Data Entry Change Order Files Data Entry Commodity File Conversion Program $1200 Purchasing Ph 1 Fixed Assets: Asset Item Table Conversion Program $1440 Fixed Assets Ph 1 Category Table Conversion Program Location Table Conversion Program Activity Table Conversion Program Department Table Conversion Program Funding Source Table Conversion Program Purchasing Interface File Will build. No conversion Equipment Maintenance: Equipment Conversion Program $2040 Equipment Ph 1 Service Order File Will build. No conversion Note the data conversion cost of Equipment Maintenance will be fixed at the above amount for one year from the Date of the Agreement. Human Resources: Demographic Conversion: $2400 Payroll Phase 2 Reference Tables Conversion Program (does not include Pay Code or Range/Step Table) Employee File Conversion Program Person File Conversion Program Payroll File Conversion Program User-Defmed screens Conversion Program Pay Rate File Data Entry Recommended Deduction File Conversion Program $960 Payroll Phase 2 YTD Earnings, Deduction and Leave Balance Conversion Program $960 Payroll Phase 3 Payroll Interface Program to link GRS Payroll $1800 Payroll Phase 3 Interface into OS Fund Accounting or OPEN SERIES Payroll to GRS Fund Accounting Employee Benefits: Benefits File Conversion Program $2400 Benefits Ph 1 Reference Table Conversion Program Position Control: Position File Conversion Program $1320 Payroll Phase 1 Note that the design of Position Control in OPEN SERIES Financials is very different from that of Government Resource Series. We will use the home organization and position number as the position code in OPEN SERIES Financials. 3/01-MA023 17 Version 1.5 Revenue Applications Applications/Files File Build Method Cost Training Phase Business License (Encompass Licenses): Business Information Conversion Program $3600 Owner Information Conversion Program License Information Conversion Program Category Information Conversion Program Gross Receipts Tax Conversion Program $2400 Miscellaneous Receivables: Customer Information Conversion Program $ 600 Billing and Receivables Tables Export/Import Total Conversions: $26,640 Conversion Costs are based on the following Assumptions: · Organization Table Conversion Options Convert the identical organization chart structure from the Government Resource Series into Budget Preparation in OPEN SERIES. This assumes you will be retaining your six character key organization. Conversion costs are based on the customer running the data conversion programs and verifying the converted data. Additional costs will be incurred if Pentamation runs the conversions. Custom fields in the Government Resource Series database may require a custom conversion at an additional cost. Retain your current key organization, but rather than a data conversion, key the new organization chart during training. This eliminates the need for a conversion. The OPEN SERIES accommodates a 16-digit key. You may want to consider expanding or changing your current structure. The OPEN SERIES accommodates level by level totaling. We encourage you to discuss the options available if you change the structure. Data entry during training would then eliminate the need for a conversion. · For all Financial applications, transactions and history will build on the new system and will not be converted. Outstanding purchase orders will need to be re-entered in the Open Series software for mid-year processing. The mid year general conversion will create summary entries based on net activity recorded in each general ledger record and does not include encumbrance activity or budget changes. 3/01-MA023 18 Version 1.5 For Revenue applications, history will be converted when needed for billing operations otherwise, it will build on the new system with customer use and will not be converted. · For Revenue applications, conversion costs are based on the conversion of one set of data for each application. Additional costs will be incurred if Pentamation must convert data retained in separate directories or offline. · Conversion timing is based on the standard implementation schedule. · Any files which are not specifically listed in this document will require data entry or will build as the system is used. 3/01 -MA023 19 Version 1.5 Attachment B Government Resource Series Migration to OPEN SERIES Systems Recommended Training Financial Applications # of days Cost ~_, $1200/day Implementation Planning (~ day @ $1,500/day) 1.0 $ 1,500 Requirements Analysis 2.0 2,400 System Management 1.0 1,200 Human Resources: Payroll 8.0 9,600 Personnel (includes Applicant Tracking) Position Control 0.5 600 Personnel Budgeting 0.5 600 Employee Benefits 0.5 600 Fund Accounting (Includes: 7.0 8,400 Budget Prep. & Purchasing) Fixed Assets 1.0 1,200 WISE 1.0 1,200 Revenue Applications # of days Cost ~ $1200/day Implementation Planning (1 day @ $1,S00/day) !.0 $ 1,500 Requirement Analysis 1.0 1,200 Encompass License 4.0 4,800 Miscellaneous Receivables 1.0 1,200 Report Writer # of Days Cost ~ $1,200/Day Cognos 2.0 $2,400 Total Training: 31.5 $38,400 .Notes: These are the recommended training days for a new customer to implement the above application software. Typically the actual number of training days required are lower than estimated and will be determined upon completion of the application overviews which will be provided in the implementation process. 3/0l-MA023 20 Version 1.5 5-8 The training fee for the above Financial and Revenue applications are at standard daily rate plus travel related expenses. Training day counts are based on a maximum class size of 16 individuals (eight terminals with two individuals per terminal). The OPEN SERIES Revenue System software standard training day counts have been adjusted based on the assumption that we will be training personnel familiar with earlier versions of the software. Additional training days may be necessary if you are training new staff. Training days are based upon an eight hour day, which includes setup time. Should additional daily time be needed for implementation assistance beyond the standard eight hour day, this can be scheduled with the trainer for the standard training rate of $150/hour. Any training required beyond those days indicated above will be performed at the then standard per diem or hourly training rate. Any training specified in this Agreement which is required or requested beyond eighteen months from the date of the Agreement will be performed at the then standard per diem or hourly training rate. 3/01-MA023 21 Version I..5 Attachment C Features in OPEN SERIES NOT in Government Resource Series Financials - General 1. Single database 2. Improved Security (views) 3. Menu Manager - add custom features 4. Reports to screen, file, printer or alternate printer 5. Improved user-defined screen 6. Optional graphical presentation Human Resources 1. Tiered deductions 2. Savings bonds 3. Future changes 4. Encumber salaries 5. Full Time Equivalents (FTE's) 6. Employee Worksheet ("what if" scenarios) 7. Second pay check per employee in same mn 8. Range - 99 steps 9. Certifications 10. Leave rollover limit 11. Ten leave banks 12. Up to 20 pay rates per employee 13. Separate FICA and Medicare fields 14. Can search timecard by employee name 15. Check location code 16. Multiple taxing options on timecard 17. Attendance tracking 18. Calendars used for attendance checking 19. Query on any field of employee screens 20. Separate city, state fields on employee record 21. Manual check refund over-withheld taxes, deductions 22. Automated salary increase option 23. Tracks annual salary 24. Employee deduction summary screen 25. Streamlined pay mn including stored pay mn information 26. Payroll job stream reports can be mn in background 27. Payroll job stream reports indicate check date, pay number, and employee number on each report 28. Security on individual employee screens 29. Pay rate history 30. Seniority screen 31. Improved 941 report format 32. Monthly deduction register by vendor 33. Accrue comp time by user-defined factor 34. Print a check register including manuals and voids 35. Redistribute salary charges 3/0l-MA023 22 Version 1.5 36. Print organizational charge and benefit charge reports selectively by pay mn Personnel Budgeting 1. New application 2. Can budget for positions without Position Control Applicant Tracking 1. Degrees 2. Job history 3. Interviews 4. Two applicant addresses Fund Accounting 1. Organization - 10 levels 2. Year specific Organization Chart 3. 16 characters for lowest level of organization 4. Organizational levels need not be hierarchical 5. Optionally pre-encumber requisitions 6. Multiple payable addresses 7. AP Checks by Invoice, PO, Batch 8. JE Report 9. Batch budget transfer 10. Optional user-defined account entry window 11. Delete inactive vendors 12. Clear checks by date 13. Document control number 14. Prior year organization field 15. Vendor address - separate city, state fields 16. Use tax functionality for vendor payments 17. Override vendor number auto-assign 18. Vendor by commodity class 19. Designate employees as vendors 20. Discount report 21. Additional control accounts in profile 22. Vendor Audit report 23. Close to Fund Balance 24. Ability to lock database during check processing 25. User specified sort and totals on some reports 26. Option - "wm" or "require" receipt of goods prior to payment 27. Fixed Assets interface includes check number 28. Automatic "inter-fund" balancing of JE's 29. User select default of partial/final flag in AP entry 30. Additional security resource to add or delete a vendor 31. Control overpayment of an invoice by a percentage and/or an amount 32. Detailed warehouse charge option in expenditure audit trail 33. Link organizations to a project 34. Inactivate expenditure accounts 35. Option to start "new year" journal entries with a user-def'med number 3/01-MA023 23 Version 1.5 36. Allow system to automatically assign number to budget transfers and start new year with a user- defined number 37. Option to default vendor, invoice number, invoice date, and due date from previous transaction within no PO payment menu selection 38. Ability to disallow by yes/no flag the usage of the account in requisition/PO charges, payroll charges, and warehouse charges 39. Automatically record system-voided checks and reflect all voided checks in AP check register Purchasing 1. Commodity table - bid information 2. Two alternate approvers 3. Item approval 4. Can add items to existing PO 5. Next year requisitions and PO's 6. Improved query capability 7. Specify fixed assets by account range 8. Location code or organization for approval 9. Change vendor on PO 10. Print date of change order on the change order 11. Reprint purchase order with change order information included - optional 12. Modify unit of measure and stock number in change option 13. Support a separate auto-number series for next year PO's 14. Integrate change orders in reports and displays 15. Distribute requisition, PO, and change order items by quantity 16. Vendor quotes 17. Option - set length of requisition and PO numbers and zero fill Budget Preparation 1. Ability to freeze at a de£med level - Department, Recommended and Approved 2. User specified sort on some reports Fixed Assets 1. No items identified Accounts Receivable 1. Support of centralized receipting 2. Common report viewer for all print options that allows the user to view reports on the screen Equipment Maintenance (Fleet Manager/Vehicle Manager) 1. No items identified 3/0l-MA023 24 Version 1.5 Attachment D Features in Government Resource Series NOT in OPEN SERIES This list is provided for your information and to assist you with determining areas of the software which may need to be included in your testing. We have attempted to identify features that we provided in the standard Government Resource Series software which are not included in OPEN SERIES applications. There may be additional features which have been overlooked. Human Resources 1. Short Time Card entry 2. Overtime Analysis report 3. Financial Interface in Detail Mode (Detail distribution file maintains detail but posts to financials in summary mode.) 4. Unlimited number of special pay codes for an employee (California only). 5. Unlimited number of exempt deduction codes on the pay code table (California only). Fund Accounting 1. Expenditure comparison report - sort window 2. Revenue and Expenditure Status Query - summarize 3. Discount balance on encumbrance screen 4. Pooled Cash Ledger 5. Ability to close a period and/or year 6. Ability to exclude accounts with zero balances on reports 7. Ability to roll purchase orders to "R"eserve accounts Purchasing 1. PO Type field 2. Distribution table on Requisitions and POs 3. Commodity table - taxable flag, asset flag, search name, account and project account 4. Vendor on each line item of requisition 5. Store vendor product code 6. Requisition and Purchase Order Allocation report 7. Summary mode for PO posting 8. Blanket PO Budget Preparation 1. Calculate future year budget based on approved budget 2. Calculate benefits remaining for current year 3. Ref'me Budget Worksheet - display account title Fixed Assets 3/01-MA023 25 Version 1.5 1. No items identified Accounts Receivable (Miscellaneous Receivables) 1. No items identified Equipment Maintenance (Fleet Manager) 1. No items identified 3/01-MA023 26 Version 1.5 Attachment E Software Maintenance and Support Pentamation Application So~ware Maintenance and Support will be provided to Customer when the Customer begins processing data using the Application. Pentamation Application Soft-ware Maintenance and Support will be provided by Pentamation to Customer for the charges as shown below. The fee £or this service varies by Pentamation Application, and each Application has a maximum number o£ support hours provided per year for the contracted £ee as indicated below. Should the total number of Support hours be exceeded in any one year, additional Support Service may be provided at Pentamation's then current hourly rates. The period for the rendering of these services shall be annual and shall be automatically renewed for an additional year unless either party gives at least six _ty (60) days prior written notice to the other that such maintenance and support services are not to be renewed. Fees and Maximum Support Hours Per Contract Year: Financial Applications Year 1 Maint. Fee Maximum Hours Fund Accounting $6,500 20 (Includes Accounts Payable, General Ledger, Purchasing, Revenue Tracking, and Budget Preparation modules) Fixed Assets 1,400 10 Equipment Maintenance at current rate 10 Human Resources 5,000 20 (Includes Payroll, Personnel, Applicant Tracking, and Attendance Tracking modules) Employee Benefits 1,000 10 Position Control 1,000 10 Personnel Budgeting 1,000 10 Revenue Applications Encompass License 2,200 10 Miscellaneous Receivables 1,200 10 Total $19,300 110 3/01-MA023 27 Version 1.5 Attachment F Software Installation Services Description Cost Reconfigure - Informix $1,500 Installation and Setup - Applications 5,000 Installation and Setup - Cognos (16 PCs) 2,000 Installation and Setup - Optio 1,000 Installation and Setup - Four J's (16 PCs) 2,000 Installation and Setup - Easy Spooler (6 printers) 1,200 Total: $12,'/00 3/01-MA023 28 Version 1.5 Attachment G Software Products Software Tools Description Cost Year 1 Maint. Four J's Graphical Compiler $4,200 $1,200 Four J's Graphical Users (32) 4,928 1,409 Optio DCS Laser Printing 4,000 1,050 Cognos Report Writer* 11,188 3,996 Easy Spooler Print Spooler (24 printers ) 3,395 1,200 Total: $27,711 $8,805 * includes(15)named users in aggregate of Powerplay User,Impromptu User, Powerplay Enterprise Server,unlimited Impromptu runtime, unlimited Impromptu Web Reports, (1) Impromptu Administrator. Pentamation Products Description Cost. Year 1 Maint. WISE $3,500 $700 State Regulator~ Module State of Washington $21,250 $4,250 Total Software Products: $52,461 $13,755 3/01-MA023 29 Version 1.5 Attachment H Cost Summary_ Migration Analysis and Coordination $20,000 Software Installation, Configuration and Setup 12,700 Data Conversion 26,640 Training 38,400 Software Products 52,461 Total: $150,201 3/0 l -MA023 3 0 Version 1.5 Attachment ! Optional Applications: Cost .Net Encompass Permits, Inspections, Geobase $18,000 $13,500 Contractor Licensing 4,500 3,375 Code Enforcement 9,000 6,750 Special Assessments 9,000 6,750 Fire and Safety Inspections 6,000 4,500 Alarm Billing 6,000 4,500 GIS Interface 3,500 2,625 Palm Pilot Interface 3,500 2,625 ACTION Constituent Call Tracking 12,000 9,000 Pentamation will provide the above applications to the Customer at the net discounted price through December 31, 2001. Installation, conversion, training, and maintenance would be charged at the current rates. 3/0 I-MA023 31 Version 1.5 3/0 I-MA023 3 2 Version [.5 ATTACHMENT J SYSTEM ADMINISTRATOR JOB RESPONSIBILITIES Effective System Administration is the key to a successful installation and smooth on-going system operation. System Administration personnel will be the focal point for communications between your organization and Pentamation, and will handle the daily operation of the system. System Administrative personnel should have or possess the potential to develop the following knowledge and skiffs: - General understanding of computer systems' architecture and configurations; recognizing such pieces of hardware as CPU, memory, peripherals, scanners, etc. Understands general computer concepts such as relational database, operating systems, application software, word processing, and fourth generation languages. Excellent verbal and written communication skills with administrators, programmers, and system maintenance personnel. Understands the importance of data integrity and security (file backups and password control). Understands what your organization requires from each application. System Administration responsibilities include, but are not limited to, the following: System / Operatin~ System Administration Sole responsibility for communications with Pentamation Support personnel. Provide first level support to end users. Upgrade system software in conjunction with Pentamation and the computer hardware manufacturer. - Manage workload effectively. - Train new staff on software packages. - Train department personnel to use Report Writer. - Maintain Documentation. - Diagnose and resolve minor hardware problems. Modify operating system parameters as required. Monitor hardware reliability, check error logs, and initiate corrective action when warranted. Add, delete, archive, and maintain configuration of users (for example, to access specific software packages), and maintain user environments. Develop backup strategy, setup backup procedures, perform backups, verify backups and restore files or file systems as required. 3/01-MA023 33 Version 1.5 - Maintain on and off site storage of backup media. Create and maintain cron jobs. Create and maintain printer configuration and setup. Maintain access to Unix for support (i.e., modem or internet access availability) and control IP address and communication port configurations. Monitor system performance and tune operating system parameters for maximum efficiency. Monitor disk and file system utilization and adjust to meet site requirements. Verify Software Licensing and maintain currency on support agreements. Install operating system patches. Install microcode or firmware updates as required. Install / reinstall operating system as required. Recompile applications as required. Informix Administration Maintain database security and access. Backup and restore specific databases or entire database environment. Backup and restore specific tables within database(s}. Import or Export databases as required. - Perform checks for data consistency. - Monitor and modify data allocation. - Monitor database performance and adjust as required. - Evaluate file and database permissions and accounts. - Create test (or other special purpose) databases as required. - Verify Software Licensing and maintain currency on support agreements. Install / reinstall database software as required. System Security_ Ensure data and equipment security (physical and electronic). Monitor system access via modem or internet. Investigate attempted security breaches. Monitor application software utilization and setup to ensure authorizations are administered correctly. - Monitor file and database permissions and accounts. 3/01 -MA023 34 Version 1.5 3/0 ! -MA023 3 5 73 Version 1.5 ORGANIZATION: DATE: YOUR NAME: PHONE: SOFTWARE APPLICATION: FAX: PEI TRAINER E-MAIL: PRODUCT AREA: [-~ Education Student [-~ Education Financials ~ Government Financials ~ Government Revenue ALL requests for software modifications must be in writing on this request form. Please be specific with a detailed description of the modifications needed, and any additional items as explained in the guidelines on the accompanying page. Include additional pages if necessary. DESCRIPTION OF REQUEST: FOR PENTAMATION USE ONLY IIProject · . Requested Completion Date: Reason for Date: NOTE: This is not a commitment date. Our best effort will be made to accommodate the requested completion date. REQUEST PROCESSING: Pentamation will provide a preliminary estimate briefly describing the intent of the project request. Our goal is to provide this estimate within two weeks upon receipt of the initial request. Once reviewed, this preliminary estimate must be approved and will authorize Pentamation to proceed with detailed specifications at a cost of 25% of the upper range of the preliminary estimate. Upon receipt of this approval, a detailed specifications document will be provided describing the design and development necessary for project completion. The specifications must be reviewed, approved, signed, and returned to Pentamation for processing. Upon receipt of the signed detailed specification approval (including purchase order number), the project will be scheduled. The standard charge includes the detailed specifications document, program coding and development, testing and verification, installation of final project, and user documentation written by the programmer. 3/01-MA023 36 Version 1.5 GUIDELINES FOR SUBMITTING REQUESTS FOR CUSTOM PROGRAMMING ENHANCEMENTS PRE-PRINTED FORMS · If the output is to be printed on a pre-printed form, please include a blank copy of an original form as well as one that has been completed. Please do NOT send a photocopy, since photocopy machines tend to distort the actual form layout. If an original form is unavailable please send an acetate or "blue line" from the printing company. REPORTS · Send a sample report or layout on a separate sheet. Specify the type of printing method to usc (e.g. laser or impact). Clearly define all totals and subtotals. Describe each field on the report including where the data comes from, how the field is calculated, and the format o£ the field. For example, "print the birthdate in the format mm/dd/yy". Please include any special edits or verification processing needed. For example, "print the first 20 positions of the department i name". · Identify the selection criteria needed, and all fields for sort orders, breaks, and totals. For example, the statement can read, "Report on any department or all departments. Sort the report by department and then alphabetically by employee name. Print totals for the identified columns and skip to a new page when the department changes, with department totals for salaries and deductions." · All reports are formatted by default for six (6) lines per inch with 66 lines per page. If thc report requirements are different, the new page dimensions must be provided. · For the state-mandated reports, include a copy of an actual report to be submitted to the state. Include all documentation as provided by the state. Indicate how records are identified for inclusion or exclusion. For example, "Retirement report should contain only those employees with a deduction of"RET" and a YTD amount not equal to zero." SCREEN CHANGES: · For screen modifications, include a printed copy of the existing screen, complete with notations as to what revisions are required. If a new maintenance screen is needed, please provide a draft of how the screen should appear, complete with field descriptions and formatting needs. CALCULATIONS · Explain in detail how calculations should be accomplished, including examples for clarification. For state-mandated requirements include all documentation provided by the state. If the state accepts more than one calculation method, Pentamation may only support one method. If there is a preference as to which calculation method to use, please indicate such for consideration as to which method will be supported. MAGNETIC MEDIA · Include all documentation provided by the intended recipient. This should include character/data format, header/data record layout, blocking factor, and type of media (tape, diskette, or electronic transfer). NOTE: If tape media is required, Pentamation will only . support unlabeled tapes. 3/01-MA023 37 Version [ .5 AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: ACCEPTANCE OF PWTF FOR AGENDA OF: June 27, 2001 CONSTRUCTION LOAN AGREEMENT NO. ORIGINATING DEPT: PW&U Engineering Div. PW-01-691-007 FOR PARTIAL FUNDING OF ORIGINATOR: Jennifer Strehler, City Engineer THE MANETTE CSO TREATMENT PLANT. DATE SUBMITTED: June 19, 2001 ~ 2. CLEARANCES: (comment on back/~~ ~ 3. EXI'IIBITS Directo~tilities t/~ - 3[//~'~~_ A. PWTF Construction Loan Agreement No. Assistant City Attorney ~-),J[~> ~~ PW-01-691-007 City Treasurer ~' Council Budget & Finance Committee Council Operations Committee ~ ~ ~dT~E~:A~ INF~~{_~~ O N__ AP eCoUNciLR O VEDBpRESDENTYC O LIN C IL P~RESIDENT F O R SUB MITT AL: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The City has been awarded a Public Works Trust Fund (PWTF) Loan for Three Million Dollars ($3,000,000). This loan provides partial funding for construction of the Manette CSO Treatment Plant. The request before the City Council is to approve the PWTF Construction Loan Agreement No. PW-01-691-007. 8. RECOMMENDATION: Move to approve Public Works Trust Fund (PWTF) Construction Loan Agreement No. PW-01-691-007 for partial funding of the Manette CSO Treatment Plant, in an amount of Three Million Dollars ($3,000,000), and authorize the Mayor to execute the same. 9. RESPONSIBLE OFFICIAL: Director of Public Works & Utilities ENFORCEMENT OFFICIAL: Director of Public Works & Utilities EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED TABLED APPROVED DISAPPROVED ~I~~[_ COUNCIL DIRECTIVE DAT · 11. AGENDA BILL NO: 0l - I ¢.23.. 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: Funds would not be available for construction of the Manette CSO Treatment Plant. 6. IMPACT ON STAFFING~ BUDGETS~ FACILITIES~ EQUIPMENT OR OTHER RESOURCES: Staffing: No Impact. Budget: The loan agreement provides the budget for the required construction activities. Facilities/Equipment: No Impact. 7. RESEARCH SOURCES ab, 2001 Agenda Bills, PWTF Loan for Manette CSO Treatment Plant '/7 PUBLIC WORKS TRUST FUND CONSTRUCTION LOAN AGREEMENT NUMBER PW-01-691-007 CITY OF BREMERTON PART I: ENTIRE AGREEMENT This agreement, and incorporated attachments, contains all terms and conditions agreed to by the PUBLIC WORKS BOARD and the LOCAL GOVERNMENT and no other statements or representations written or oral, shall be deemed a part thereof. This conlzact consists often pages and two attachments. An attachment to this agreement, ATTACHMENT I: SCOPE OF WORK, consists of a description of local project activities, certification of the project's useful life, and identification of estimated project costs and fund sources and is, by this reference, incorporated into this agreement as though set forth fully herein. In addition, ATTACHMENT II: ATTORNEY'S CERTIFICATION, is by this reference incorporated into this agreement. The PUBLIC WORKS BOARD and the LOCAL GOVERNMENT have executed this agreement as of the date and year last written below. DEPARTMENT OF COMMUNITY, LOCAL GOVERNMENT TRADE AND ECONOMIC DEVELOPMENT Steve Wells Name Director, Local Government Division Title Title Date Date APPROVED AS TO FORM ONLY 5th Day of February, 2001 Christine O. Gregoire Federal Taxpayer Identification Number Attorney General By: Signature on File Assistant Attorney General Jeanne A. Cushman (Print Name) Page 1 2001 PWTF Construction Loan Agreement CTED Contract Number BREMERTON PART H: INTRODUCTION This loan agreement is made and entered into by and between the PUBLIC WORKS BOARD, or its successor, (referred to as the "BOARD"), a department of the state of Washington, and CITY OF BREMERTON (referred to as the "LOCAL GOVERNMENT"). Acting under the authority of Chapter 43.155 RCW, the BOARD has selected the LOCAL GOVERNMENT to receive a Public Works Trust Fund loan for an approved public works project. PART l~I: PURPOSE The BOARD and the LOCAL GOVERNMENT have entered into this agreement to undertake a local public works project that farthers the goals and objectives of the Washington State Public Works Trust Fund Program. The project will be undertaken by the LOCAL GOVERNMENT and will include the activities described in ATTACHiV~NT I: SCOPE OF WORK. The project must be undertaken in accordance with PART IV: TERMS AND CONDITIONS, and all applicable state and local laws and ordinances, which by this reference are incorporated into this agreement as though set forth fully herein. PART IV: TERMS AND CONDITIONS The parties to this agreement agree as follows: 4.01 Rate and Term of Loan The BOARD, using funds appropriated from the Public Works Assistance Account, shall loan the LOCAL GOVERNMENT a sum not to exceed $3,000,000.00. The interest rote shall be one-half percent (1/2%) per annum on the outstanding principal balance. The term of the loan shall not exceed 20 years, with the final payment due July 1,2021. 4.02 Local Project Share The LOCAL GOVERNMENT pledges an amount of locally-generated revenue not less than fifteen percent (15%) of the total eligible portion of the project cost not funded by federal or state grants as identified in ATTACHMENT I: SCOPE OF WORK, to be verified at the time of project close-out. Any change in the percentage of locally-generated funds may require an adjustment in the loan amount or interest rote charged, or both. In such event, the LOCAL GOVERNMENT agrees to execute an amendment to this agreement adjusting the loan amount or interest rate, as appropriate. Local project share must consist of expenditures eligible under WAC 39%30-030(3) and be related only to project activities described in ATTACHMENT I: SCOPE OF WORK. These expenditures may be made up to twelve (12) months prior to the execution of the loan agreement and verified at the time of project close-out. PUBLIC WORKS TRUST FUND MONIES MAY NOT BE USED TO REIMBURSE THE LOCAL GOVERNMENT FOR ANY COSTS INCURRED PRIOR TO EXECUTION OF THIS LOAN AGREEMENT. Page 2 2001 PWTF Construction Loan Agreement CTED Contract Number BREMERTON 4.03 Disbursement of Loan Proceeds Warrants shall be issued to the LOCAL GOVERNMENT for payment of allowable expenses incurred by the LOCAL GOVERNMENT while undertaking and administering approved project activities in accordance with ATTACHMENT I: SCOPE OF WORK. In no event shall the total Public Works Trust Fund loan exceed eighty five percent (85%) of the eligible actual project costs. The disbursement of loan proceeds shall be initiated by the LOCAL GOVERNMENT on a Washington State Invoice Voucher form. The loan funds will be disbursed to the LOCAL GOVERNMENT as follows: Within thirty (30) days of the formal execution of this agreement, a sum not to exceed fifteen percent (15%) of the approved Public Works Trust Fund loan shall be disbursed to the LOCAL GOVERNMENT. Within thirty (30) days of the execution of a Notice to Proceed which follows the formal award of a construction, contract, a sum not to exceed eighty percent (80%) of the approved Public Works Trust Fund loan shall be disbursed to the LOCAL GOVERNMENT, except in the case of engineering services contracts. If the approved project described in ATTACHMENT I: SCOPE OF WORK is solely for the completion of engineering studies, a sum not to exceed eighty percent (80%) of the approved Public Works Trust Fund loan shall be disbursed to the LOCAL GOVERNM]ENT within thirty (30) days of the execution of a Notice to Proceed following the formal award of a contract for engineering services. At the time of project completion, a Close-out Report, (refer to Section 4.19 for Close-out Report), shall be submitted to the BOARD by the LOCAL GOVERNMENT certifying total actual project costs. The final Public Works Trust Fund loan disbursement shall not bring the total loan in excess of eighty five percent (85%) of the eligible project costs or the total of $3,000,000.00 whichever is less. The Close-out Report shall serve as a contract AMENDMENT for determining the final loan amount, interest rate, and local share. In the event that the final costs identified in the Close-out Report indicate that the LOCAL GOVERNMENT has received Public Works Trust Fund monies in excess of eighty five percent (85%) of eligible costs, all funds in excess of eighty five percent (85%) shall be repaid to the Department of community, Trade and Economic Development, or its successor, within thirty (30) days of submission of the Close-out Report. 4.04 Interest Earned on Public Works Trust Fund Monies All interest earned on Public Works Trust Fund Monies held by the LOCAL GOVERNMENT shall accrue to the benefit of the LOCAL GOVERNMENT and be applied to the eligible costs of the approved project. Benefits shall accrue in one of two ways: 1. Reduce the amount of the Public Works Trust Fund loan. 2. Pay any part of eligible project costs that are in excess of ATTACHMENT I: SCOPE OF WORK estimates, if there is an overrun of project costs. The LOCAL GOVERNMENT shall establish procedures to ensure that all monies received fi.om the Public Works Trust Fund loan can be readily identified and accounted for at any time during the life of this loan Page 3 2001 PWTF Construction Loan Agrecrncnt CTED Contract Number BREMERTON agreement. Such procedures shall consist of the establishment of a separate fund, account, sub-account or any other method meeting generally accepted accounting principles. 4.05 Time of Performance The LOCAL GOVERNMENT shall begin the activities identified within ATTACHMENT I: SCOPE OF WORK no later than three months after loan agreement execution, and reach project completion no later than forty-eight (48) months after the date of agreement execution. Failure to perform within the time frame described in the preceding paragraph may constitute default of this agreement and require the immediate repayment of any loan funds disbursed. In the event of extenuating circumstances, the LOCAL GOVERNMENT may request, in writing, that the BOARD extend the deadline for project completion. The BOARD may, by a two-thirds vote, extend the deadline. The term of this agreement shall be for the entire term of the loan, irrespective of actual project completion, unless terminated sooner as provided herein. 4.06 Repa_wnent The first loan repayment under this agreement is due July 1, 2002, and subsequent installments are due on July 1 of each year during the term of the loan. The first repayment under this agreement shall consist of interest only atthe rate of one-half percent (1/2%) per annum, calculated on a 360-day year of twelve 30-day months, applied to funds received. Interest will begin to accrue from the date each warrant is issued to the LOCAL GOVERNMENT. Subsequent repayments shall consist of the principal balance due divided by the loan term remaining plus interest on the unpaid balance of the loan. The final payment shall be an amount sufficient to bring the loan balance to zero. The LOCAL GOVERNMENT has the right to repay the unpaid balance of the loan in full at any time, and the right to repay at a faster rate than is provided in this agreement, provided that any such payment must equal or exceed the principal amount normally due on an annual basis. Page 4 2001 PWTF Construction Loan Agreement CTED Contract Number BREMERTON The LOCAL GOVERNMENT will repay the loan in accordance with the preceding conditions through the use of a check, money order, or equivalent means made payable to the Department of Community, Trade and Economic Development, or its successor, and sent to: Deparmaent of Community, Trade and Economic Development Administrative Services Division/Fiscal Unit 906 Columbia Street S.W. P.O. Box 48300 Olympia, Washington 98504-8300 4.07 Repayment Account The LOCAL GOVERNMENT shall repay the loan solely from utility revenues, general obligation revenues, or a combination thereof. The name of the fund, account, or sub-account shall be 4.08 Default in Repawnent Loan.repayments shall be made on the loan in accordance with Section 4.06 of this agreement. A payment not received within thirty (30) days of the due date shall be declared delinquent. Delinquent payments shall be assessed a daily penalty beginning on the thirty-f'n'st (31) day past the due date. The penalty will be assessed on the entire payment amount. The penalty will be twelve percent (12%) per annum calculated on a 360-day year. Upon default in the payment of any annual installment, the BOARD may declare the entire remaining balance of the loan, together with interest accrued, immediately due and payable. Failure to exercise its option with respect to any such. repayment in default shall not constitute a waiver by the BOARD to exercise such option for any succeeding installment payment which may then be in default. The LOCAL GOVERNMENT shall pay the costs and reasonable legal fees incurred by the BOARD in any action undertaken to enforce its rights under this section. The same penalty terms shall apply to delinquent repayment of funds paid in excess of eligible costs as provided for in Section 4.03. Page 5 2001 PWTF Construct/on Loan Agreement CTED Contract Number BREMERTON 4.09 Loan Securi~ The LOCAL GOVERNMENT must select one of the following options for securing repayment of the loan. Please initial the appropriate option. 1. General Obligation: This loan is a general obligation of the LOCAL GOVERNMENT. OR 2. ~ Revenue Obligation: This option may be used only if the entire project is a domestic water, sanitary sewer, storm sewer or solid waste utility project. LOCAL GOVERNMENTS performing a storm sewer project that have not created a storm sewer utility or a combined sanitary sewer/storm sewer utility may not use this option. Projects providing for a mixture of bridge, road, domestic water, sanitary sewer, and storm sewer activities may not use this option. This loan is a revenue obligation of the LOCAL GOVERNMENT payable solely from the net revenue of the utility system indicated below. Payments shall be made from the net revenue of the utility after the payment of the principal and interest on any revenue bonds, notes, warrants or other obligations of the utility having a lien on that net revenue. As used here, "net revenue" means gross revenue minus expenses of maintenance and operations. The BOARD grants the LOCAL GOVERNMENT the right to issue future bonds and notes that constitute a lien and charge on net revenue superior to the lien and charge of this loan agreement. Please choose and initial one of the following utility systems: Water ~ Sanitary Sewer (Wastewater) Stormwater ~ Water/Sanitary Sewer ~ Stormwater/Sanitary Sewer Solid Waste OR 3. Local Improvement District: Pursuant to RCW 35.51.050, the LOCAL GOVERNMENT pledges to repay this loan from assessments collected from a Local Improvement District, Local Utility District or other similar special assessment district in which the improvements financed by this loan are located. The name of the special assessment district is Nothing in this section shall absolve the LOCAL GOVERNMENT of its obligation to make loan repayments when due, and to adjust rams, fees, or surcharges, if necessary, to meet its obligations under this agreement. Page 6 2001 PWTF Construction Loan Agreement CTED Contract Number BREMERTON 4.10 Recordkeeping and Access to Records The BOARD, the BOARD' s agents, and duly authorized officials of the State shall have full access and the right to examine, copy, excerpt, or transcribe any pertinent documents, papers, records, and books of the LOCAL GOVERNMENT and of persons, firms, or organizations with which the LOCAL GOVERNMENT may contract, involving transactions related to this project and this agreement. The LOCAL GOVERNMENT agrees to retain all records pertaining to this project and this agreement for a period of six years fi:om the date of project close-out. 4.11 Reports The LOCAL GOVERNMENT, at such times and on such forms as the BOARD may require, shall furnish the BOARD with such periodic reports as it may request pertaining to the activities undertaken pursuant to this agreement including, but not limited to, quarterly progress reports, the Close-Out Report, and any other matters covered by this agreement. Failure to file periodic reports as requested may result in term/nation of this agreement as per Section 4.14. 4.12 Indemnification The LOCAL GOVERNMENT will defend, protect, indemnify, save, and hold harmless the BOARD, and the state of Washington fi:om and against any and all claims, costs, damages, expenses, or liability for any or all injuries to persons or tangible property, arising fi:om the acts or omissions of the LOCAL GOVERNMENT or any of its contractors or subcontractors, or any employees or agents in the performance of this agreement, however caused. In the case of negligence of both the BOARD and the LOCAL GOVERNMENT, any damages allowed shall be levied in proportion to the percentage of negligence attributable to each party. 4.13 Amendments, Modifications, and Waivers Except for an increase in the amount of the loan governed by this agreement, the LOCAL GOVERNMENT may request an amendment to this agreement for the purpose of modifying the SCOPE OF WORK or for extending the time of performance as provided for in Section 4.05. No modification or amendment resulting in an extension of time shall take effect until a request in writing has been received and approved 'by the BOARD in accordance with Section 4.05. No amendment or modification shall take effect until approved in writing by both the BOARD and the LOCAL GOVERNMENT and attached hereto. No conditions or provisions of this agreement may be waived unless approved by the BOARD in writing. 4.14 Termination for Cause If the LOCAL GOVERNMENT fails to comply with the terms of this agreement, or fails to use the loan proceeds only for those activities identified in ATTACHMENT I: SCOPE OF WORK, the BOARD may terminate the agreement in whole or in part at any time. The BOARD shall promptly notify the LOCAL GOVERNMENT in writing of its determination to terminate, the reason for such termination, and the effective date of the termination. Upon term/nation of the loan agreement, the BOARD may declare the entire remaining balance of the loan, together with any interest accrued, immediately due and payable. Page 7 200l PWTF Construction Loan Agreement CTED Contract Number BREMERTON 4.15 Termination For Convenience The BOARD may terminate this agreement in the event that federal or state funds are no longer available to the BOARD, or are not allocated for the purpose of meeting the BOARD'S obligations under this agreement. Term/nation will be effective when the BOARD sends written notice of termination to the LOCAL GOVERNMENT. 4.16 Governing Law and Venue This agreement shall be construed and enforced in accordance with, and the validity and performance hereof shall be governed by, the laws of the state of Washington. Venue of any suit between the parties arising out of this agreement shall be the Superior Court of Thurston County, Washington. The prevailing party is entitled to recover costs in accordance with Washington State Law (Chapter 4.84 RCW). 4.17 SeverabiliW If any provision under this agreement or its application to any person or circumstances is held invalid by any court of rightful jurisdiction, this invalidity does not affect other provisions of'the agreement which can be given effect without the invalid provision. 4.18 Proiect Completion The BOARD will require and notify the LOCAL GOVERNMENT to initiate a Close-out Report when the activities identified in ATTACHMENT I: SCOPE OF WORK are completed. In the report, the LOCAL GOVERNMENT will provide the following information to the BOARD: 1. A certified statement of the actual dollar amounts spent, from all fund sources, in completing the project as described. 2. A certified statement that the project, as described in the Loan Agreement's Scope of Work, is complete and has been designed/constructed to required standards. 3. Certification that all costs associated with the project have been incurred. Costs are incun'ed when goods and services are received and/or contract work is performed. Page 8 2001 PWTF Construction Loan Agreement CTED Contract Number BREMERTON 4.19 Proiect Close-Out In accordance with Section 4.03 of this agreement, the LOCAL GOVERNMENT will submit, together with the Close-out Report, a request for a sum not to exceed the f'mal five percent (5%) of the loan amount. This disbursement shall not occur prior to the completion of all project activities. The LOCAL GOVERNMENT shall be responsible to ensure that their contractor(s) are in compliance with the Department of Revenue and the Department of Labor & Industries requirements. 4.20 Audit Audits of the LOCAL GOVERNMENT'S project activities may be conducted by the Municipal Division of the State Auditor's Office in accordance with state law and any guidelines the Department of Community, Trade and Economic Development; or its success°r, may prescribe. Payment for the audit shall be made by the LOCAL GOVERNMENT. 4.21 Proiect Signs If the LOCAL GOVERNMENT displays, during the period covered by this agreement, signs or markers identifying those agencies participating financially in the approved project, the sign or marker must identify the Washington State Public Works Trust Fund as a participant in the project. 4.22 Utilization of Minority and Women's Business Enterprises (MWBE) In accordance with legislative findings and policies set forth in Chapter 39.19 RCW, the BOARD encourages participation by Minority and Women's Business Enterprise fmT~S certified by OMWBE. Voluntary goals for participation are: Construction/Public Works 10% MBE 6% WBE Architect/Engineering 10% MBE 6% WBE Purchased Goods 8% MBE 4% WBE Purchased Services 10% MBE 4% WBE Professional Services 10% MBE 4% WBE 4.23 Nondiscrimination Provision During the performance of this contract, the LOCAL GOVERNMENT shall comply with all federal and state nondiscrimination laws, including, but not limited to Chapter 49.60 RCW, Washington's Law Against Discr/mination, and 42 U.S.C. 12101 et seq, the Americans w/th Disabilities Act (ADA). In the event of the LOCAL GOVERNMENT'S noncompliance or refusal to comply with any applicable nondiscrimination law, regulation, or policy, this contract may be rescinded, canceled, or terminated in whole or in part, and the LOCAL GOVERNMENT may be declared ineligible for further contracts with the BOARD. The LOCAL GOVERNMENT shall, however, be given a reasonable time in which to cure this noncompliance. Page 9 2001 PWTF Construction Loan Agreement CTED Contract Number BREMERTON 4.24 Historical and Cultural Artifacts The LOCAL GOVERNMENT agrees that if historical or cultural artifacts are discovered during construction, the LOCAL GOVERNMENT shall immediately stop construction and notify the local historical preservation officer and the state's historical preservation officer at the Washington State Office of Archeology and Historic Preservation. The LOCAL GOVERNMENT shall require this provision to be contained in all contracts for work or services related to ATTACHMENT ONE: SCOPE OF WORK. PART V: SPECIAL ASSURANCES The LOCAL GOVERNMENT assures compliance with all applicable state and local laws, requ/rements, and ordinances as they pertain to the design, implementation, and administration of the approved project. Of particular importance are the following: 5.01 RCW 43.155.060 The LOCAL GOVERNMENT shall comply with the provisions of RCW 43.155.060 regarding competitive bidding requirements for projects assisted in whole or in part with money from the Public Works Trust Fund program. 5.02 WAC 399-30-030(3) The LOCAL GOVERNMZNT assures compliance with WAC 399-30-030(3) which identifies eligible costs for projects assisted with Public Works Trust Fund loans. Page 10 2001 PWTF Construction Loan Agreement 7 CTED Contract Number BREMERTON PUBLIC WORKS TRUST FUND ATTACHMENT 1: SCOPE OF WORK PW-01-791-007 PW-00-691-009 PW-O0-691-OlO ~merton (Juris~diction) Consolidated CSO Reduction Loan (Project Title) 1. Provide a clear description of the project to be financed in part by a Public Works Trust Fund loan. (Attach additional sheets if necessary): This loan funds construction of Pump Station CW-2 upgrades and sanitary and storm sewer in Basins 8 and 12 as outlined in the Anderson Cove CSO Reduction Facility Plan~ dated July 1999. This loan additionally funds various CSO Reduction projects in the City of Bremerton as outlined in the CSO Reduction Facility Plan Update, dated October 2000. A description of the improvements is detailed below. Pine Road Basin CSO Reduction - Improvements include construction of a 200,000 gallon storage facility, and construction of a CSO Treatment facility that uses ballasted sedimentation high rate clarification. This loan funds construction of these improvements. OF-2 to CSO Treatment Facility - The project is construction of 30-inch through 42-inch sanitary sewer in both the Pine Road and Stevens Canyon Basins to convey peak sanitary flows to the new CSO Treatment Facility. This loan funds design and construction of these improvements. Callow Priority 5 Separation - The project is construction of 12-inch through 54-inch storm sewers within the Callow Avenue basin. Construction of these storm sewers separates stormwater out of the combined system thereby reducing the peak flow to be conveyed to the Charleston WWTP. This loan partially funds design and construction of these improvements. East Park Basin CSO Keduction - Improvements include minor inflow separation, three sanitary flow diversions, construction of an inverted siphon, and abandonment of the existing overflow 4 structure. This loan funds design and construction of these/mprovements. Callow Priority 3 CSO Pump Station - The project is design and construction of a pump station in the Callow Avenue Basin to convey peak system flows into the Crosstown Pipeline that would otherwise overflow. This loan partially funds design and construction of these improvements. Trenton Avenue Basin CSO Reduction - The improvements include reconstruction of an existing ptunp station, and predesign of upgrades to a second pump station, installation of a new forcemain, overflow structure modifications, flow diversions, and lining of an existing sanita~ sewer. This loan provides partial funding for design and construction of these improvements. Cherry_ Avenue Basin CSO Reduction - The project includes replacement of the existing piping from the overflow structure to the connection to the beachmain, and removal of a restriction in the existing beachmain. This loan funds design and construction of these improvements. Charleston WWTP Up,ados - The project is design of improvements to increase the capacity of the existing Charleston WWTP. This loan partially funds design of these improvements. C:\Grants-Loans~PWT~Consolidated Loan\Scope PW-01-791-007.doc Scope of Work Page 3 PW-01-691-007 Calculating Local Percentage: Notes: 1. Grant funds can not be counted as local match. Calculate as follows: Total Local Revenue PWTF Loan + Total Local Revenue = Local Percentage 44.8% The local contribution must be at least: Five percent (5%) for a loan interest rate of 2% Ten percent (10%) for a loan interest rate of 1% Fifteen percent (15%) for a loan interest rate of .5% I:\Contracting'~Amendments\Bremer~on Scope Change\01007.doc PUBLIC WORKS TRUST FUND ATTACHMENT 1: SCOPE OF WORK PW-01-691-007 Bremerton (Jurisdiction) Combined CSO Reduction Loan (Project Title) 1. Provide a clear description of the project to be financed in part by a Public Works Trust Fund loan. (Attach additional sheets if necessary): This loan is one of three Public Works Trust Fund loans (the others are PW-00-691-009 and PW- 00-691-010) which are being used for the project elements described in the attachment. Funds from this loan will be used to fund as many of the elements described in the attached master scope of work as possible. The project elements will be completed with funds from the other loans. 2. The term of this loan will be based on an engineer's certification of the expected useful life of the improvements, as stated below, or 20 years, whichever is less. If the local government prefers the term of its loan to be less than either 20 years or the useful life of the improvements, the preferred loan term should be indicated: ~ years. 3. I, -['~,,,~.~. r:'-. [~.~,~oke.~ , licensed en~neer, ce~i~ that the average expected useM1 life for the i~provements described above is ~ ~ears. Si~ed: ~~ Date: ~ / t~/oJ Telephone: ~) ~1~- 7~& h\Contracting~,mendments\Bremerton Scope Change~O 1007.doc ?o Scope of Work Page Two PW-01-691-007 Estimated Project Costs: Total Costs Preliminary Engineering $ 465,000 Environmental Review $ 105,000 Design Engineering $ 1,830,000 Land/K-O-W Acquisition $ Sales or Use Taxes $ Other Fees $ Construction Inspection $ 735,000 Start-Up Costs $ Relocation Costs $ Financing Costs $ Contingency ( %) $ Construction $ 12,754,000 1. Other (Specify) $ 2. Other (Specify) $ TOTAL ESTI/VIATED COSTS $ 15,889,000 Anticipated Fund Sources: .... A. Federal Grants $ 3,450,100 State Grants $ B. Locally Generated Revenue General Funds $ Capital Reserves $ Other Fund $ Rates $ 904,300 Assessments $ (LID, RiD, ULID) Special Levies $ Federal Loan(s) from: (identify all) $ $ State Loan(s) from: (identify all). $ $ Other: (identify sources) SRF #L0100004 & g0100024 $ 1,534,000 PW-00-691-009 & PW-00-691-010 $ '7,000,000 TOTAL LOCAL REVENUE $ 2,438,900 C. PUBLIC WORKS TRUST FUND LOAN $ 3,000,000 h\Contracting~AmendmenLs\Bremerton Scope Change\OlOO7.doc Public Works Trust Fund ATTACHMENT I1: ATTORNEY'S CERTIFICATION I, . , hereby certify: I am an attomey at law admitted to practice in the State of Washington and the duly appointed attorney of the (the LOCAL GOVERNMENT); and I have also examined any and all documents and records which are pertinent to the loan agreement, including the application requesting this financial assistance. Based on the foregoing, it is my opinion that: 1. The LOCAL GOVERNMENT is a public body, pmpedy constituted and operating under the laws of the State of Washington, empowered to receive and expend federal, state and local funds, to contract with the State of Washington, and to receive and expend the funds involved to accomplish the objectives set forth in their application. 2. The LOCAL GOVERNMENT is empowered to accept the Public Works Trust Fund financial assistance and to provide for repayment of the loan as set forth in the loan agreement. 3. There is currently no litigation in existence seeking to enjoin the commencement or completion of the above-described public facilities project or to enjoin the LOCAL . GOVERNMENT from repaying the Public works Trust Fund loan extended by the DEPARTMENT with respect to such project. The LOCAL GOVERNMENT is not a party to litigation which will materially affect its ability to repay such loan on the terms contained in the loan agreement. 4. Assumption of this obligation would not exceed statutory and administrative rule debt limitations applicable to the LOCAL GOVERNMENT. Signature of Attorney Date Name Address ?2. AGENDA BILL BREMERTON CITY COUNCIL FOR AGENDA OF: 06127101(~, 1. SUBJECT: ORIGINATING DEPT: Tre~~~ Inter-Department~il Agreement for Revenue Sharing ORIGINATOR: Rich H~rf~a~'(~ DATE SUBMITTED: 06/14~2001 ' 2. CLEARANCES: Comment of back if necessa~) 3. EXHIBITS: ~ Proposed Agreement Director Admin. Services'~?~_. ~ ~ /,?~ Director PW & U // ~i '~Attomey~.~~ ~ I, ./7 ~....~ ~/.~~ ENDORSEMENTS ~? INFORMATION /[PPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The proposed agreement will define a system of sharing incremental tax revenue from the commercial property located between Oyster Bay Ave., SR #3, the Wastewater Treatment Plant and Wemer Road. The intention is to share this incremental revenue between the Wastewater Fund and the General Fund until wastewater has recoveded its expenditures from converting the property from residential to commercial use. 8. RECOMMENDATION: Motion to approve the attached interdepartmental agreement for revenue sharing. 9. RESPONSIBLE OFFICIAL: Treasurer ENFORCEMENT OFFICIAL: Mayor EXPIRATION DATE: Contingent REVIEW DATE: N/A 10. NOTICE OF ACTION PULLED TABLED APPROVED ~ DISAPPROVED ~ AMENDfl .~~ / COUNCIL DIRECTIVE: 11. AGENDA BILL NO: ~[ - I '~:3 2. CLEARANCE COMMENTS: $. IMPACT ON NON-PASSAGE: All of the incremental revenue from the property will be realized by the General Fund. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES' Increased revenue to the General Fund and the Wastewater Fund. Estimated to be $300,000 per year total when the relocated businesses are fully operational. 7. RESEARCH SOURCES: Staff analysis of the project. INTERDEPARTMENTAL AGREEMENT FOR REVENUE SHARING AT THE PARR FORD PROPERTY THIS AGREEMENT, made and entered into this __ day of ., 2001 by and between the City of Bremerton General Fund, hereinafter "General Fund" and the City of Bremerton Wastewater Utility, hereinafter "Utility", is intended to set forth the terms and conditions for the sharing of incremental tax revenues received by the General Fund as a result of businesses re-locating to the new facilities being constructed on the property located immediately North oft_he Utility's WWTP and bounded by Oyster Bay Avenue, SR # 3 and Wemer Road, hereinafter "Property". Background: In 1995 the Utility undertook a project which involved the acquisition of houses and other structures within the Property, the demolition of those structures, the aggregation of the numerous land parcels within the Property and the sale of the Property through a Request for Proposals (RFP) process. The City Council recognized at the outset that the Utility would likely not recover all of the project costs from the property sale. The Council also recognized that the General Fund would gain tax revenue from the conversion of the property from residential to commercial use. In the process of approving the project, Council stated their intention that when the project was completed, an agreement should be created that would share between the General Fund and the Utility the incremental tax revenues in order for the Utility to recover any deficit resulting from the project. Scope: The scope of this agreement is limited to the incremental sales tax and B & O tax revenue to the General Fund resulting from increased activity of the businesses re-locating to the Property. Term: This agreement shall become effective when the General Fund first receives tax revenues resulting from business activity at the Property and shall continue until a total of $1,100,000 of incremental tax revenue has been received by the Utility under the revenue sharing formula set forth herein. Revenue Sharing Formula: The reporting period for calculating incremental revenue to the General Fund will be monthly for sales tax and quarterly for B & O tax. For each reporting period, the incremental tax revenue will be calculated by subtracting from the actual tax revenue received by the General Fund from Revenue Sharing - Parr Ford Property Page I businesses located on the Property the tax revenue received from those businesses in the same period of the year prior to the commencement of this revenue sharing agreement. The incremental revenue thus determined shall be shared equally between the General Fund and the Utility. Payments from the General Fund to the Utility will be made monthly within 30 days of the receipt of incremental tax revenues. In the event that the incremental tax revenue during any period is negative, no payment shall be made. Not an Inter-Fund Loan: Nothing in this agreement is to be construed as indicative of the existence of an inter-fund loan or liability. Rather it is an effort to equitably share the incremental tax revenues of the Property between the General Fund and the Utility in order that the Utility may recover financial losses sustained in converting the land use of the Property. CITY TREASURER PUBLIC WORKS & UTILITIES RICH HANNA W. EUGENE SAMPLEY Revenue Sharing - Parr Ford Property Page 2 AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: FOR AGENDA OF: June 27,2001 [k~,/ ORIGINATING DEPT: -'~~~ EXTENTION ON BANKING SERVICES CONTRACT ORIGINATOR: RiCh Hera WITH BANK OF AMERICA DATE SUBMITTED: 05/12~2001 2. CLEARANCES: Comment of back if necessary) 3. EXHIBITS: Dir. Admin. Services~ Bank Proposal Pa rchasing Manage r~/~.~ ENDORSEMENTS ~ INFORMATION APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: At the request of the City Treasurer, Bank of America has submitted the attached offer to extend the current contract for banking services through June 2003. The proposal contains a revised pricing schedule for banking services which is expected to increase the cost of services by approximately 1.5% from our current rates. Also included in the proposal is an offer to refine the range of banking services to better meet the financial needs and security of the City. 8. RECOMMENDATION: Motion to approve extention of the contract with Bank of America for banking services and authorize the Mayor to execute the same. 9. RESPONSIBLE OFFICIAL: Treasurer ENFORCEMENT OFFICIAL: Mayor EXPIRATION DATE: 30-Jun-03 REVIEW DATE: N/A 10. NOTICE OF ACTION COUNCIL DIRECTIVE: 11. AGENDA BILL NO: 0( '- I ~l.q 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: The City will attempt further contract negotiations or will re-bid banking services. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: No impact. The additional banking services proposed will provide the City with greater protection from fraudulent transactions than are currently available. 7. RESEARCH SOURCES: Negotiations with Bank of Amedca. Discussion and review with other municipal finance professionals. Bank of America.,, .. May 24, 2001 Bank of America Public Sector Banking Richard E. Hanna WA~-Sol-34-O3 800 5th Avenue, 34th Floor Treasurer Seattle, WA 98104 City of Bremerton 239 Fourth St Bremerton, WA 98337 Re: Banking Services renewal Dear Rich: Bank of America is pleased to present the attached proposal to renew the existing banking service contract between the City of Bremerton and Bank of America. We appreciate the opportunity to provide this proposal. Upon your agreement to the attached pricing schedule, we can execute a banking services contract renewal for up to two years, to June 30, 2003. We have made every effort to minimize the cost of banking to the City and have priced banking services in a manner we believe you will find competitive While cost is an important component of banking, our objective is, along with competitively priced transaction costs, to deliver outstanding customer service that consistently meets or exceeds the City's expectations. The overall value of a relationship with Bank of America includes customized banking solutions and superior customer service. The Public Sector Banking group is a team of professionals who focus exclusively on the unique needs of the public sector. As you know, Bank of America is a long time player in this business with the dedication and resources necessary to continue as a market leader. Bank of America's many assets include our financial strength as one of the best- capitalized banks in the country. We recognize that our responsibility for good corporate citizenship grows with us. We have undertaken a broad effort to meet this responsibility which encompasses community reinvestment, philanthropy, environmental responsibility, affirmative action and quick responses to unexpected emergencies in our communities. In recognition of these efforts, Federal banking examiners have rated Bank of America as "outstanding" in meeting the Community Reinvestment Act. Bank of America Phone (206) 358-8175 FAX (206)358-8818 City of Bremerton Banking Services May 24, 2001 As your client manager and treasury management officer, you can depend on our personal commitment and dedication to your banking and financial needs. We are proud of our role as banker to the City of Bremerton and look forward to continuing that partnership. Sincerely, //~' '~/'~q Bonheur em~.n M. Gibe. ns~ Ju~dy f~ ~-7 ~f~ Bank of America Phone (206) 358-8175 FAX (206)358-8818 Proposal for City of Bremerton Ken'in Gibbons Public Sector & Judy Bonheur Treasury Management January 26,2001 BankofAmerica IOl Treasury Management Services Review of Current Account Analysis and Cash Management System Extension of the banking contract between the City of Bremerton and Bank of America presents an opportunity to review the current treasury management processes as well as the analysis pricing structure. It is important to evaluate whether there are new products/services offered by Bank of America that would benefit the City to consider during this renewal process. Following are some issues that we recommend for further discussion with the City: Investing Strategy Bank of America offers the City of Bremerton two new investment products that enable the City to earn interest on excess balances maintained in the City's checking accounts or low interest paying market rate savings accounts. These investment products meet the state's criteria for investment of public funds. First Choice Interest Account Sweep Service This service is an end-of-day, fully automated two-way sweep between your commercial checking account and a special First Choice Interest account. A target-collected balance is established for your regular checking account based on a review of your analysis activity. At the end of each day funds above the target in the checking account would be automatically swept to a First Choice Interest Account. If the checking account balance is below the target amount, funds are swept back to the account to raise the balance to the target amount. Interest income accrues daily and is credited to your First Choice Interest account monthly. In addition to monthly statements on both accounts the balances and transfer activity can be monitored on the Bamtrac® reporting service. The rate of interest paid on the First Choice Interest Account will be variable and subject to change periodically based on market conditions determined by Bank of America. Listed below are the rates for the previous 6 months: July 2000 5.98% October 2000 6.01% August 2000 5.93% November 2000 5.97% September 2000 5.88% December 2000 5.88% The combination of the Commercial Analyzed account and the First Choice Interest account provide the City the flexibility to do all normal checking account activities with automatic investment through the Sweep service. Business Interest Maximizer The City currently maintains three market rate savings accounts for special purposes. Bank of America now offers a new product called Business Interest Maximizer savings account with a tiered interest rate structure enabling the City to earn premium rates based on the level of balances in the account. The Maximizer account is not a checking account and is restricted to 6 withdrawals per month per Federal regulation and service charges apply if there are more than three withdrawals per month or the balance drops below $10,000. Based on these features the Maximizer is beneficial for those savings applications where there is minimal or no disbursement requirements. A separate checking account would be required for additional disbursement activity. Interest is compounded monthly, paid monthly and appears on the account statement. Current rates range from 4.65% to 5.5% for tiers from $10,000 to $1,000,000. Wire Transfer via Global Money Wire Transfer Service/State Pool Transfers The City of Bremerton currently requests wire transfers by phone call to the bank's wire department. This manual process is more expensive than initiating wires using the Bamtrac® service called Global Money Wire Transfer Service (GMTS) which does not require the involvement of the banks operators. Using the GMTS system, the City can create repetitive templates with specific routing instructions for future use as well as initiate non-repetitive wires in a secure and safe environment. The City can assign individual functionality to each operator and require additional approvals for all or only non-repetitive wire transfers. Wires can be future dated or settle the same day when initiated before 2:15 PST. In addition to being easy to use, Bank of America offers significant discounts to clients that use the GMTS service. The City may transfer funds to the Washington State Pool by using a special Bamtrac® Account Transfer system designed for the State and pool participants who have accounts at Bank of America. The cost of using the state's account transfer service is deeply discounted compared to initiating transfers via the wire system. The cost of the account transfer is $. 50/transfer. Note: The City may set up this service by contacting the Washington State Pool and requesting operating instructions. Fraud Protection Services PayOnly ACH Fraud Protection With the explosion of commerce over the Internet, electronic fraud is a major concern of the entire business community. Now you can safeguard your Bank of America accounts from unauthorized incoming ACH debit transactions with the PayOnly® service. Many businesses do not realize they only have 24 hours from the time an ACH transaction posts to their account to request the return of the transaction via the Automated Clearing House. Common misconceptions are: 1. If someone is not authorized to debit your account then it cannot occur 2. The bank would not accept an "unauthorized" debit on your account 3. You can return an "unauthorized" transaction after finding it on your bank statement All of these assumptions are false. Banks receive millions of transactions, which are posted to accounts each day. Regulation E protects consumers from electronic fraud by allowing a longer time frame to identify and request the return of an ACH transaction. Regulation E does not apply to corporate transactions. The rules of the Automated Clearing House require its members to return corporate transactions within 24 hours of receipt at the bank. If you discover the transaction after this deadline, your recourse is directly to the company that originated the transaction. By establishing a" block" or" filter" on an account, you can instruct the bank to "pay all", "pay nothing", or "pay only" those transactions you have authorized. Bank of America can provide the City of Bremerton the flexibility to allow incoming debits from specified sources while maintaining the security and safety of its accounts. Positive Pay Check Fraud Detection Check fraud has reached epidemic proportions in the last 5 years and currently is a huge problem for the entire financial and business community. Cities, counties and other government entities throughout Washington have recently been impacted by fraudulent check activity. Many factors have contributed to this problem including access to desktop technology and printing equipment coupled with minimal pursuit and prosecution of criminals perpetrating this type of crime. For these reasons we recommend that the City of Bremerton consider some form of check fraud protection. The Positive Pay with a full reconciliation service has two functions - provide check fraud protection as well as a complete reconciliation of your disbursement account saving the City the time and effort required internally to perform this function. How it works The City would transmit a file of checks to the bank within 24 hours of being issued, typically daily. The bank's reconciliation system captures the check number and dollar amount of checks as they are presented to the bank for payment and matches each item to the issued check file database. When a check presented for payment does not match on the check number and dollar amount, it is listed on an exception report and faxed to the City. The City then instructs the bank to return or pay the item by lpm the same day. If instructions are not received from the City, the check would be handled based on the default instruction established when the service is implemented. A fraudulent check must be returned to the bank that cashed the check within 24 hours of being presented against the account in order for the City and its issuing bank to avoid taking a loss (UCC regulation). Partial Reconciliation- an alternative option The City may choose to receive a file of paid checks on a daily basis and reconcile the checks against the City's database internally. In order to meet the timeline for returning checks, the City would need to instruct the bank each day to return any check the City did not issue. Transmission of the issued check file or paid check file can occur via asynchronous communication, File Transfer Protocol (FTP) or Web Browser via the [nternet. Bank of America's technical support will work with the City's staff to test the communication method and file formats prior to implementation of any reconciliation service. CD ROM Bank of America offers the City an alternative to storing boxes of checks, which can be a security risk as well as a large expense. Our Image OnSite® CD-ROM service allows the City to retrieve, display and print detailed images of stored checks using Windows-based sot~ware we provide. With Image OnSite® you will receive digitized images of the front and back of each check on a compact disc (CD) when the bank statement cycles each month. Each CD you receive includes an index, which is automatically loaded from the CD to your PC creating a master database of all images on the CD. Each CD will hold up to 25m images (the front and back of a check is one image). Using specific search criteria such as the check number or check amount you can quickly view the front and back of the image. Special features include: · Zoom and rotate features · Brightness and contrast adjustments · Print, fax, cut and paste functionality · User friendly screens · Crisp, digitized images of warrants · Security through user ID's and passwords Equipment requirements include: · IBM compatible PC with a 60 MHz minimum Pentium processor · CD-ROM Drive of 2x or higher · 32 MB of memory recommended · Super VGA monitor · Windows 3.1 and a Windows-installed PCL laser printer, minimum 300 dots per inch · MD-DOS 6.0 or greater Proposed Price Changes For Extended Contract Term Based on December 2000 Analysis Activity and Volume: Current Current Proposed Analysis Activity Volume Rate Fee Rate New Fee Cash Deposited-Branch 2,149 $ 0.00065 $ 1.39 $ 0.115 $ 2.41 Change Order Request 1 no charge $ - no charge Coin Purchased 4 $ 0.065 $ 0.26 $ 0.065 $ 0.26 Cash Purchased 200 $ 0.06500 $ 0.13 $ 0.065 $ 0.13 FDIC Insurance 1043.2 $ 0.014 $ 14.60 $ 0.014 $ 14.60 DDA Maintenance 9 $ 8.00 $ 72.00 $ 10.0000 $ 90.00 Vault Cash Deposited 105,296.75 $ 0.00065 $ 68.44 $ 0.00065 $ 68.44 Checks 1014 $ 0.10 $ 101.40 $ 0.1000 $ 101.40 Statement Postage 1014 no charge $ 3.47 Bamtrac USAAccount Transfers 14 $ 0.50 $ 7.00 $ 0.5000 $ 7.00 On-Us Depltems 9 $ 0.0500 $ 0.45 $ 0.0500 $ 0.45 Local Deposited Items 5089 $ 0.0550 $ 279.89 $ 0.0550 $ 279.90 Direct Send Deposited Items 75 $ 0.0800 $ 6.00 $ 0.0800 $ 6.00 On-Us Deposited Items 2237 $ 0.0500 $ 111.85 $ 0.0500 $ 111.85 Other Fed Deposited Items 1188 $ 0.0800 $ 95.04 $ 0.0800 $ 95.04 12th Fed Deposited Items 1902 $ 0.0650 $ 123.63 $ 0.0650 $ 123.63 Overdraft Charges 5 no charge $ 20.00 $ 100.00 Redeposited Retruned Items 24 $ 0.50 $ 12.00 $ 1.00 $ 24.00 Deposits Posted-branch 188 $ 0.20 $ 37.60 $ 0.30 $ 56.40 Deposited Items Returned 36 $ 1.25 $ 45.00 $ 2.00 $ 72.00 Vault Deposits Posted 437 $ 0.20 $ 87.40 $ 0.20 $ 87.40 ARP Fine Sort 966 $ 0.02 $ 19.32 $ 0.02 $ 19.32 Fine Sort Maintenance 1 $ 10.00 $ 10.00 $ 15.00 $ 15.00 Outgoing Wire Transfer 1 $ 10.00 $ 10.00 $ 25.00 $ 25.00 Automated Incoming Wires 3 $ 6.00 $ 18.00 $ 6.00 $ 18.00 Outgoing Repetitive Wires 1 $ 9.00 $ 9.00 $ 20.00 $ 20.00 Wire Phone Notification 6 $ 4.00 $ 24.00 $ 4.00 $ 24.00 Automated Balance Reporting 1 $ 323.20 $ 323.20 $ 323.20 $ 323.20 Automated Clearing House 1 $ 240.88 $ 240.88 $ 240.88 $ 240.88 Deposit Source Reporting 1 $ 15.63 $ 15.63 not applicable Bankcard Service Fees 1 $ 945.94 $ 945.94 $ 945.94 $ 945.94 $ 2,680.05 $ 2,875.72 Monthly Total without Overdrafts $ 2,775.72 Monthly Total using GMTS for wire inititation and notification. $ 2,722.72 lb'/ Notes: 1. The City could elimiate overdraft situations simply through the use of our First Choice Interest Account Sweep Service. 2. The City could reduce the fees associated with phone notification of incoming wires and wire transfer initiation by transferring funds to the Washington State Pool via the State's account transfer service and using the GMTS service. Notification of incoming wires has no charge when accessed on the Bamtrac Intra-day wire report. The potential reduction of wire activity fees is $53.00 ($69.00 to $16.00). 3. The format and methodology of calculating Collected Balances will change but should not have a major impact on the City of Bremerton. The Account Analysis will show Average Positive Collected Balances and the Average Negative Collected Balances in the combined accounts on the analysis. Earnings credit is calculated on the Positive Collected Balances days for the combined accounts and if there are Negative Collected Balances days, a Negative Collected rate is applied and entered as a service charge. However, if enough Average Positive Collected Balances are available in your other analyzed accounts, these dollars will offset, in part or whole, the account that has an Average Negative Collected Balance. Thus a lesser or no charge will be processed. This procedure is calculated by day. Bank of America Price List For City of Bremerton Commercial Checking Activities Account Maintenance $10.00/account/month Zero Balance Service $15.00/account/month Checks Paid $. 1 O/check Deposit Posted Banking Center $.30/deposit Cash Vault $.20/deposit Deposited Checks (standard) Pre-encoded Un-encoded On-Us $.040 $.050 Local $.045 $.055 12th FRD $.055 $.065 Other FRD $.070 $.080 Direct Send $.070 $.080 Pre-encoded Rejects (reject rate greater than .5%) $.30/item Deposited Items Returned $2.00/item Re-deposited item $1.00/item Night Deposit-Branch All Supplies at cost Duplicate Receipts $2.00/each Account Transfer via Phone $2.00/each Account Transfer via Bamtrac $.50/transfer Stop Payment via Phone $18.00/stop Coin and Currency Cash Deposited at Banking Center $. 115/$100 Cash Deposited at Cash Vault $.065/$100 Change Request $2.00/order Currency Purchased $.065/$100 Coin Purchased $.065/roll FDIC Assessment (per $1000 ledger balance) Current FDIC Rate Negative Collected Balance Interest Prime +2% Insufficient Funds Item returned due to account in overdraft status $18.00/item Daily Maximum $90.00 Overdrafts Item paid when account in overdraft status $20.00/item Daily Maximum $100.00 Earnings Credit Allowance Rate is variable The earnings rate on collected balances is subject to change periodically based on market conditions Deposit Slips-minimum 2 books per order at cost Statement Postage at cost Polybags at cost Courier Deliverv at cost Cashier's Checks $5.00 each Document Faxing $2.50/page Special Processing $30.00/hour, $15.00/minimum Treasu~ Management Services Account Reconciliation Services Setup Fee-All Reconciliation Plans $50.00/account Partial Reconciliation* Service Maintenance $25.00/month Item Captured $.04/item Standard Reconciliation Report $2.25/report Service Minimum $50.00/month Positive Pay with Full Reconciliation~ Service Maintenance $50.00/month Checks issued $.07/check Input Transmission $30.00/month Fax Exception Report $2,50/page Reject Rate Over 1% $30.00/hour Output Reporting Paper Reports Float Report (Full Reconciliation only) $1.50/report Daily Paid Report $ i .50/report Unpaid Only Report $1.50/report Paid-No-Issue Report (Full Reconciliation only) $1.50/report Duplicate Report $4.25/report Automated Options Transmission via modem or Internet $15.00/transmission and $.02/item Miscellaneous Activities Voided Registers $. 13/item Intersorted Rejects $.25/item Courier Delivery at cost Special Research/Projects $30.00/hour Document faxing $2.50/page Photocopies $1.20/item Check Sorting (without reconciliation plan) Service Maintenance $15.00/account/month Checks Sorted $.02/check *All reconcilement plans for Washington accounts include check sorting. Automated Clearing House Services (ACH) Origination Vendor $15.00/batch Transmission via modem/Internet $15.00/batch ACH Transactions 2-day debit or credit $.08/item l~Jay debit or credit $. 10/item Bank of America WA. debit or credit $.08/item Microcash for Windows ACH Service Service Maintenance $25.00/month Transmission of File $1.50/transmission ACH Transactions 2-day debit or credit $.08/item 1-day debit or credit $. 10/item SoRware License $450.00/one time Conversion/Upgrade for Auditor sof~ware users $100.00/one time- no Software License fee Miscellaneous ACH Activity Return Item/Notification of Change $2.50 each Deletes (before sent to Fed) $2.50/file/item Reversal (after sent to Fed) $10.00/item Effective Date Change $2.50/occurance Special Research/Projects $30.00/hour PayOnly Service Block ACH Transactions 1-10 accounts $10.00/account/month Additional accounts $5.00/accountYmonth Filter ACH Authorized Transactions 1-5 filters $10.00/accountYmonth 6-10 filters $15.00/account/month over 10 filters custom Bid Special Research $30.00/hour Electronic Data Interchange Service ( EDI ) EDI Notification via fax $3.00/page EDI Translation custom bid Bamtrac® USA Balance/Activity Reportine and Transaction Services Statement/Detail/Summary Reports Service Maintenance (unlimited accounts) $50.00/month Report Access $1.50/access Records Reported $. 10/record Intraday Reports ACH Report $40.00/month $. 10/ACH transaction $.05/addenda record Bamtrac For Windows Software* Service Maintenance $25.00/month Software Setup $50.00/one time Auto-Configuration $1.50/operator/report Account Transfer Service $.50/transfer Stop Payment Service $10.00/stop State Pool Transfer $.50/transfer Itl * Optional proprieta~ software can be used to access Bamtrac Reports and other Bamtrac services. CD-ROM Service Image Onsite (Washington Accounts) Service Maintenance $50.00/first account/month $25.00/additional accounts/month CD ROM $17.50/CD Check Images Under 10,000 $.06/check Over 10,000 custom bid Return Check Surcharge (if required) $.01 Bulk Imaging of Stored Checks or Other Special Requests custom bid Wire Transfer Service Domestic Wires Phone Access Incoming Wire $10.00/wire Outgoing Repetitive $20.00/wire Outgoing Non-Repetitive $25.00/wire Internal Book Repetitive Transfer $4.50/transfer Internal Book Non-Repetitive Transfer $5.00/transfer Automated Access (via GMTS) Incoming Wire $6.00/wire Outgoing Repetitive $7.50/wire Outgoing Non-Repetitive $8.50/wire Internal Book Repetitive Transfer $2.50/transfer Internal Book Non-Repetitive Transfer $3.00/transfer International Wires Phone Access Incoming Wire $10.00/wire Outgoing Repetitive $20.00/wire Outgoing Non-Repetitive $25.00/wire Automated Access (viaGMTS) Incoming Wire $6.00/wire Outgoing Repetitive $13.00/wire Outgoing Non-Repetitive $15.00/wire Reporting Options Bamtrac Wire Report no charge Phone Notification $4.00/wire Fax Notice (incoming wire) $3.00/wire First Choice Sweep Account Service Service Maintenance $75.00/month/account Other sen'ices used will be subject to the pricing schedule in effect at the time of use. AGENDA BILL BREMERTON CITY COUNCIL June 27, 2001 1. SUBJECT: ORDINANCE NO. FOR AGENDA OF: July 11,2001 ~ ORIGINATING DEPT: Treasurer ~/ Amending BMC 15.06 Setting Utility Assessments, Fees ORIGINATOR: Rich Hanr~-c/~ and Charges Effective Jan. 1, 2002. DATE SUBMITTED: Nov. 28, 2d00 2. CLEARANCES: ~backif necessary) 3. EXHIBITS: Dir. Public Wo. rks~~'~. _ Proposed Ordinance y Attorney i ca, Operations ~ ~ ENDORSEMENTS /~ INFORMATION ... APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The proposed ordinance will allow the City's utility assessments, fees and charges to be adjusted to compensate for the effects of inflation. This adjustment, which will increase water rate revenue by 5% and wastewater rate revenue by 3% will take effect January 1, 2002. These adjustments are necessary to allow the utilities to meet the costs of operations & maintenance and to implement the capital improvements which are mandated to meet environmental and water quality regulations. 8~ RECOMMENDATION: Motion to approve on first reading the ordinance adjusting utility assessments, fees and charges. Motion to pass on second reading Ordinance No. adjusting utility assessments, fees and charges. 9. RESPONSIBLE OFFICIAL: Treasurer ENFORCEMENT OFFICIAL: .. Mayor EXPIRATION DATE: N/A REVIEW DATE: N/A 10. NOTICE OF ACTION PULLED TABLED APPROVED DISAPPROVED AMENDE[12 A COUNCIL DIRECTIVE: 11. AGENDA BILL NO: 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: Current water and wastewater rates will remain in effect. This will result in a shortage of revenues to the utilities. 6. IMPACT ON STAFFING~ BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: Included in the 2001 - 2002 budget. 7. RESEARCH SOURCES: Capital Improvement Plan and utility comprehensive plans. Rate analysis by staff. ORDINANCE NO. AN ORDINANCE amending assessments, rates, fees and charges for municipal water, wastewater and stormwater services and amending Chapter 15.06 of the Bremerton Municipal Code and Ordinance 4675. THE CITY COUNCIL OF THE CITY OF BREMERTON DOES ORDAIN: Section 1. Amendment. Section 15.06.015 is hereby amended to read as follows: 15.06.015 INCORPORATION AND CPi ADJUSTMENT. Assessments, rates, fees and charges attached hereto as Appendix A and incorporated herein by this reference are hereby adopted. In addition to such other changes as may be approved by City Council, commencing January 1, 2003 and in January of each successive year thereafter, the fees, rates and charges in this section shall automatically be adjusted based upon the Consumer Price Index for all Urban Consumers (CPI-U), U.S. City Average, as published by the Bureau of Labor Statistics for the year ending June 30 of the previous year. Section 2. Amendment. Section 15.06.040 is hereby amended to read as follows: 15.06.040 RATES - WASTEWATER. (a) Retail Wastewater Rates. A general retail wastewater rate shall be assessed of all users of the Utility wastewater system. The retail rate shall be calculated on a periodic billing with a minimum service charge b~:ed er'. mete: o;--e and a commodity charge computed to the nearest HCF. The retail rate shall be based on flow and strength of sewage discharged by the user of the system. Flow shall be determined by the metered amount of domestic water usage. Flows for summer usage for Single Family and Duplex residential customers shall be determined based on the previous six-month average winter domestic water usage by the customer, provided the account was active for at least two billing pedods of the preceding six months. The calculation period shall be determined by the Department based on usage and billing cycles. In no case shall this calculation for summer usaRe result in a volume less than 2.5 HCF per month. In the event the customer is not connected to a public water supply that utilizes domestic water meter, the flow shall be determined by the Department based on the average flow of the like customer class. Strength shall be determined by the loadings discharged by the customer and shall be segregated into like customer classes based on their respective sewage strengths. APPROVED by the City Council of the City of Bremerton on the day of ,20 PASSED by the City Council of the City of Bremerton on the day of ,20 Rates - Wastewater.ord Page I JOHN LAW, Council President APPROVED this day of ,20 LYNN S. HORTON, Mayor ATTEST: KATHLEEN McCLUSKEY, City Clerk Rates - Wastewater.ord Page 2 Chapter 15.06 Appendix A ASSESSMENTS, RATES, FEES AND CHARGES EFFECTIVE JANUARY 1, 2002 Within Cit~, Limits Outside City Limits 2001 2002 2001 2002 GENERAL FACILITY FEES Water (Per ERU) $195.00 $205.00 $292.$0 $310.00 Wastewatcr (Per ERU) $195.00 $205.00 $292.50 $310.00 FRONT FOOTAGE FEES Water~ Per Front Foot $10.50 $11.05 $15.75 $16.55 Off Road Rate $520.00 $545.00 $780.00 $820.00 Wastewater Per Front Foot $10.50 $11.05 $15.75 $16.55 Off Road Rate $520.00 $545.00 $780.00 $820.00 Properties not included in ULID #327 $68.15 $71.55 Fronting the sewer main in Northlake Way. Installed as part of the Kitsap Lake Sewer Extension Project. CONNECTION/INSPECTION FEES Water 3/4" $830.00 $985.00 $1,245.00 $1,477.50 1" $890.00 $1,045.00 $1,335.00 $1,567.00 1 1/2" $1,600.00 $1,755.00 $2,400.00 $2,632.00 2" $1,800.00 $1,955.00 $2,700.00 $2,932.00 Greater than 2" Actual Time & Materials 150% of Actual Time & Materials Field Inspection Fees Water main extensions (Per Foot) $0.75 $0.80 $1.125 $1.18 But not less than: $300.00 $315.00 $450.00 $472.50 Pump Station $500.00 $525.00 $750.00 $787.50 Miscellaneous (Per Hour) $40.00 $42.00 $60.00 $63.00 Wastewater Lateral Connection at P/L $40.00 $42.00 $60.00 $63.00 Lateral Connection at Main $250.00 $262.50 $375.00 $393.75 Conveyance Facility Ext. (Per Foot) $1.25 $1.30 $1.90 $2.00 But Not Less Than: $300.00 $315.00 $450.00 $472.50 Pump Station $500.00 $525.00 $750.00 $787.50 Utility Plant Inspection $40.00 $42.00 $60.00 $63.00 (Sewer Cap) Miscellaneous (Per Hour) $40.00 $42.00 $60.00 $63.00 Chapter 15.06 Appendix A ASSESSMENTS, RATES, FEES AND CHARGES EFFECTIVE JANUARY 1, 2002 Within City Limits Outside City Limits 200.,1, 200,2, 200! 2002 RETAIL WATER SERVICE RATES General Service - Monthly Service Charge Meter Size 5/8 x 3/4 inches $3.50 $4.05 $5.25 $6.05 1 inch $4.00 $4.60 $6.00 $6.90 1 1/2 inch $5.70 $6.55 $8.55 $9.85 2 inch $7.65 $8.80 $11.50 $13.25 3 inch $14.50 $16.70 $21.75 $25.00 4 inch $27.05 $31.10 $40.60 $46.70 6 inch $95.90 $110.30 $143.85 $165.45 8 inch $350.10 $402.60 $525.15 $603.90 10 inch $1,249.90 $1,437.40 $1,874.85 $2,156.10 12 inch $4,700.00 $5,405.00 $7,050.00 $8,107.50 Commodity Charge (Per HCF) $0.75 $0.75 $1.125 $1.125 Fire Protection - Monthly Service Charge Service Size 2 inch $13.55 $15.60 $20.35 $23.40 3 inch $14.95 $17.20 $22.45 $25.80 4 inch $16.30 $18.75 $24.45 $28.10 6 inch $20.35 $23.40 $30.55 $35.15 8 inch $27.10 $31.15 $40.65 $46.75 10 inch $38.00 $43.70 $57.00 $65.55 12 inch $54.30 $62.45 $81.45 $93.65 Commodity Charge (Per HCF) $1,50 $2.25 - For Useage Other Than Firefighting Low-Income Senior and Low-Income Disabled Citizen Rates - Monthly Service Charge Meter Size 5/8 x 3/4" Base Charge (Per Account) $3.50 $4.05 $5.25 $6.05 Commodity Charge 0 - 10 ItCF/Billing No charge No charge No charge No charge Over 10 HCF/Billing (Per HCF) $0.75 0.75 $1.125 $ 1.125 2 Chapter 15.06 Appendix A ASSESSMENTS, RATES, FEES AND CHARGES EFFECTIVE JANUARY 1, 2002 Within City Limits Outside City Limits 200! 2002, 20,0~, 2002 Temporary/Construction Meter 1" Meter Deposit $100.00 $100.00 $100.00 $100.00 Base Fee (Per Month) $35.30 $4.60 $52.95 $6.90 Set Up Fee - $40.00 $60.00 Hydrant meter Deposit $500.00 $500.00 $500.00 $500.00 Base Fee (Per Month) $70.60 $14.50 $105.90 $21.75 Set Up Fee $40.00 - $60.00 Equipment Loss/Damage Actual Time & Materials 150% of Actual Time & Materials Commodity Charge (Per HCF) $0.75 $0,75 $1.125 $1.125 RET,S,H~ WASTEWATER SERVICE RATES Monthly Service Charge Single Family Base Charge (per Account) $9.00 $10.45 $10.35 $12.00 Commodity Charge (per HCF) $3.70 $3,60 $4.25 $4.15 Duplex on 1 Meter or 2 Bldgs, On 1 Meter , Base Charge (per Umt) $7.15 $8.30 $8.20 $9.55 Commodity Charge (Per HCF) $3.70 $3.60 $4.25 $4.15 Multiple Family Base Charge (Per Unit) $7.15 $8.30 $8.20 $9.55 Commodity Charge (Per HCF) $3.70 $3.60 $4.25 $4.15 Commercial I Base Charge (Per Account) $10.35 $12.00 $11.90 $13.80 Commodity Charge (per HCF) $3.70 $3.70 $4.25 $4.25 Commercial II Base Charge (Per Account) $10.50 $12.20 $12.05 $14.05 Commodity Charge (Per HCF) $5.80 $5.80 $6,67 $6.67 Low4ncome Senior and Lowdncome Dimbled Citizen Rates - Monthly Service Charge Base Charge (Per Account) $3.20 $6.50 $3.70 $7.50 Commodity Charge (Per HCF) 0 - 5 HCF/Month No charge No charge No charge No charge Over 5 HCF/Month $3.70 $3.60 $4.25 $4.15 Scota~e Disoosal (per Gallon of Tank Capacity) $0.13 $0.13 $0.13 $0.13 3 Chapter 15.06 Appendix A ASSESSMENTS, RATES, FEES AND CHARGES EFFECTIVE JANUARY 1, 2002 Within City Limits Outside City Limits 2001 2002 2001 2002 RETAIL STORMWATER RATES Monthly Service Charge Single Family / Duplex Base Charge (Per Account) $4.00 $4.00 N/A N/A Exception: Duple>/ W/2 Meters (Per Account) $2.00 $2.00 N/A N/A Multiple Family Base Charge (Per ISU) $4.00 $4.00 N/A N/A Commercial Base Charge (Per ISU) $4.00 $4.00 N/A N/A Public School Districts (Per Acct) $4.00 $4.00 N/A N/A Low Income Senior and Low Income Disabled Citizen Rate (Per Acct) $2.50 $2.50 N/A N/A Multiple Family & Commercial Rate Adjustment Water Quality (Per ISU) ($0.50) ($0.50) N/A N/A Water Quantity (Per ISU) ($1.50) ($1.50) N/A N/A Stormwater Penalty for aew Multiple Family & Commercial development without on-site detention. (Per ISU) $0.50 $0.50 N/A N/A MISCELLANEOUS FEES AND CItARGES Park Reservation Fee $25.00 $25.00 $25.00 $25.00 (non-refundable) Office Sendces Account Maintenance $5.00 $5.00 $5.00 $5.00 Past Due Notice $2.50 $2.50 $2.50 $2.50 ACH Credit ($1.00) $0.00 ($1.00) $0.00 Lien Recovery Charge $50.00 $50.00 $50.00 $50.00 Duplicate Bill Charge $1.00 $1.00 $1.00 $1.00 4 Chapter 15.06 Appendix A ASSESSMENTS, RATES, FEES AND CHARGES EFFECTIVE JANUARY 1, 2002 Within City Limits Outjide City Limits 2~,~ 2002 2ool 2002 Field Services Pavement Restoration Charge (refundable, ff assessed and not required) Asphalt $500.00 $525.00 $750.00 $787.50 Concrete $600.00 $630.00 $900.00 $945.00 County Road Permit N/A N/A Cost Cost Wet Tapping (Water Main Only) 8" and smaller - tap only $1,440.00 $2,160.00 8" and smaller - to Property Line $2,300.00 $2,415.00 $3,450.00 $3,622.50 Greater than 8" Time & Materials Time & Materials (Does Not Include Pavement Restoration Charge) Fire Hydrant Installation $3,350.00 $3,517.50 $5,025.00 $5,276.25 (Does Not Include Pavement Restoration Charge) Water Meter Reinstallation $40.00 $40.00 3/4" & 1" - $58.00 - $58.00 11/2" & 2" - $75.00 - $75.00 3" and greater - Time & Materials - Time & Material Water Meter Reactivation $40.00 - $40.00 Water Meter Tampering Tampering Removal $130.00 $130.00 Tampering Reinstallation Time & Materials Time & Material Cross-Connection Control Inspection $40.00 $42.00 $40.00 $42.00 Fire Service - Detector, Meter & MXU $310.00 $310.00 Storz Adapter - $200.00 - $200.00 Water Service Turn-off/Turn-on (Customer Request) Regular Hours No Charge No Charge No Charge No Charge After Hours $100.00 $105.00 $100.00 $105.00 Delinquency Notice $10.00 $10.50 $10.00 $10.50 Water Service Turn-off/Turn-on (Delinquent Accounts) Regular Hours $40.00 $42.00 $40.00 $42.00 After Hours $100.00 $105.00 $100.00 $105.00 Flow and Pressure Test (Uncertified) 3/4" & 1" meters only $40.00 $42.00 $40.00 $42.00 1 1/2" & 2" meters only $80.00 $84.00 $80.00 $84.00 5 Chapter 15.06 Appendix A ASSESSMENTS, RATES, FEES AND CHARGES EFFECTIVE JANUARY 1, 2002 Within City Limits Outside Cit}~ Limits 200,1 200.2 200~ 2002 Utility Plant Locates Regular Hours N/C N/C N/C N/C After Hours $100.00 $105.00 $100.00 $105.00 Emergency N/C N/C N/C N/C Meter Test Fee Schedule Size 3/4" & 1" $72.00 $80.00 $72.00 $80.00 1 1/2" & 2" $100.00 $150.00 $100.00 $150.00 3" or greater (wfre~-t Port) $130.00 $136.50 $130.00 $136.50 3" or greater (w/o Test Port) Time & Materials Time & Materials En_~incering Servi~s Plan Check Fees Main Extensions (Per Foot but $0.10 $0.11 $0.15 $0.16 not less than:) $100.00 $105.00 $150.00 $157.50 (Includes hydrants and appurtenances and connection to water system) Pump Stations $500.00 $525.00 $750.00 $787.50 Fireline Extension $70.00 $73.50 $105.00 $110.25 Irrigation Systems $70.00 $73.50 $105.00 $110.25 System Connections $70.00 $73.50 $105.00 $110.25 Miscellaneous (Per Hour) $40.00 $42.00 $60.00 $63.00 Storm Drainage Plan Review Fees** Preliminary Drainage Plans Residential Development $325.00 $325.00 N/A N/A Non-Residential Development $225.00 $225.00 N/A N/A (Plus Per ISU) $10.00 $10.00 Final Detailed Drainage Plans Residential Development (Per Lot) 0 - 20 Lots $35.00 $35.00 N/A 21 - 50 Lots $25.00 $25.00 N/A N/A 51 - 100 Lots $22.50 $22.50 N/A N/A 100+ Lots $20.00 $20.00 N/A N/A Minimum Charge $250.00 $250.00 N/A N/A Non-Residential Development (Per ISU) $10.00 $10.00 N/A N/A Minimum Charge $150.00 $150.00 N/A N/A Resubmittal Fees First Resubmittal No Charge No Charge N/A N/A Subsequent Resubmittal $250.00 $250.00 N/A N/A Chapter 15.06 Appendix A ASSESSMENTS, RATES, FEES AND CHARGES EFFECTIVE JANUARY 1, 2002 Within City Limits Outside City Limits 2001 2002 2001 2002 Storm Drainage Inspection Fees** Residential Development (Per Lot) $15.00 $15.00 N/A N/A Non-Residential I)evclopmcnt (Per ISU $10.00 $10.00 N/A N/A Minimum Charge $100.00 $100.00 N/A N/A Conveyance Fac. Ext. (Per Foot) $0.75 $0.75 N/A N/A With Minimum Charge $300.00 $300.00 N/A N/A Unscheduled Inspections $40.00 $40.00 N/A N/A (Per Site Visit) (Unscheduled inspections shall be tracked through the course of a project and billed after the final site inspection. Fees for unscheduled inspections shall be paid prior to final occupancy approval.) ** Does not apply to single family residence or duplex construction on an existing established lot. 7 AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: FOR AGENDA OF: June 27, 2001 200~ CDBG/HOME Policy Plan ORIGINATING DEPT.: DED ORIGINATOR: Deborah Peavler-Stewart DATE SUBMITTED: June 18, 2001 2. CLEARANCES: 3. EXHIBITS: / Director of Egonomic Development~,~//~/(~j? (Copy of the Plan is available for / ~rT-~/City Attome review m the City Council Office) Fiscal and Budget Committee (Heard at Pre-Council 5/23/2001) Operations (Heard at Pre-Council 5/23/2001) ENDORSEMENT X INFORMATION__APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: Attached is the draf~ 2002 CDBG/HOME Policy Plan which was initially presented to the Council on May 23, 2001. The Plan identifies the CDBG rules and regulations, as well as the City's allocation process. A letter announcing availability of the plan was sent to all persons and organizations who have indicated an interest in the CDBG and HOME programs and a notice that the Plan is available was placed in the Sun. A copy ofthe Plan has been sent m those requesting it. A public meeting to discuss the Plan was held on June 13, 2001 no recommendation were made. According to the proposed schedule, staffwill hold a technical assistance meeting conceming the plan on July 11 and apphcations will be accepted until August 22. 8. RECOMMENDATION: I move for approval of the drat~ 2002 CDBG/HOME Policy Plan. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION q 2B PULLED TABLED APPROVED DISAPPROVED AME COUNCIL DIRECTIVE: AGENDA BILL NO [} l ~ I~ 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: Unable to begin the 2002 CDBG/HOME allocation process 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: None, already budgeted 7. RESEARCH SOURCES: CITY OF BREMERTON 2002 CDBG POLICY PLAN/APPLICATION FOR ADDITIONAL INFORMATION PLEASE CONTACT DEBBIE PEAVLER-STEWART 478-7996 OR MARYLYN WAIBEL 478-5375 2002 CDBG ALLOCATION SCHEDULE Wednesday May 23, 2001 Present Proposed Policy Plan at City Council Committee Wednesday June 6, 2001 Advertise Availability of Policy Wednesday June 13, 2001-- Public meeting on draft Policy Plan 3:30 p.m. 3027 Olympus Wednesday June 27, 2001 Bremerton City Council Public Hearing on Policy Plan Wednesday July 6, 2001 Final Policy Plan Available from City of Bremerton 286 4th Street Wednesday July 11, 2001 -- Technical Assistance Meeting 3:30 p.m. 3027 Olympus Wednesday August 22, Applications Due in City of Bremerton 2001--5:00 p.m. Neighborhood Development Office (Postmark is NOT acceptable) Aut~gust 22-30, 2001 Staff Technical Review August 22-September 22, CDBG Citizen Advisory Board Applicant Review 2001 and Interviews Wednesday-October 3, 2001 Publish Drm°t Action Plan and Public Hearinl~ Notice Wednesday October 10, City Council Hearing on Committee Funding 2001 Recommendations November 15, 2001 Annual Action Plan to HUD January 1, 2002 Program Year Begins Part I 2002 CDBG/HOME ALLOCATION--GENERAL INFORMATION What is the Community Development Block Grant (CDBG) Program · The program is authorized by Title I of the Community Development Act of 1974. · -Federal funds are provided to local governments to assist in the development of decent ~ :-~U~ing, a suitable living environment, and expanded economic opportunities primarily for ~ :~rs6ng ofl°w and moderate income. · CDBG funds must be used for activities determined by the federal government to be eligible, however the local government determines which eligible use is appropriate in the community. · The City of Bremerton is an "entitlement city" and receives an annual CDBG allocation from the federal government. · The City accepts applications from various organizations to implement CDBG activities. · Each application, at a minimum must meet the four threshold requirements. It must: be implemented by an eligible applicant/recipient; be eligible under the CDBG program requirements; and, meet one of the three national objectives. How much money is available? In 2001 the City of Bremerton received $592,000. The amount for 2002 is dependent on the federal HUD budget and will not be known until it is appropriated. We are estimating the amount to be available in 2002 to be $550,000. Who is an eligible applicant/recipient? Eligible applicant/recipients include: · City departments · Other local public agencies · Public and private nonprofit organizations (501 C 3) · Section 301(d) small business investment companies · Local development corporations · Private profit organizations may implement certain economic development and microenterpdse activities. Additionally applicants must: · Demonstrate an active governing body or board of directors with skills and experience to _ provide leadership and direction to the agency; · Dkm0fi~trate the legal, financial, and programmati6 ability to administer the proposed ~·.. ;t~,.~_th~e City's requirements for contracting agenCi*s such a~'~r_ance reqU/rements, audit . ::~idlin~ iai qui c re rements. 200~'CI~IIG/ItOME AL~.oc~r~o~-Gg~gm~_~ I~om~?;o~ PART I P'~c~' 1 "- .......... 128 What are eligible activities? Eligible activities are defined in the CDBG program regulations at 24 CFR 570.201- 570.207. More information concerning eligible activities, and special circumstances relating to the activities, can be found in Part V pages 6 through 10 of this package. A list of some of the activities follows: * Acquisition of real property by purchase, lease or donation · Acquisition, c_0.~struction, reconstruction, rehabilitation or instat!ation of public facilities and improvements · Code enforcement in deteriorated or deteriorating areas * Clearance, demolition and removal and rehabilitation of buildings and improvements · Removal of material and architectural barriers · Public services (including labor, supplies and materials) including but not limited to those concerned with employment, crime prevention, child care, health, drug abuse, education, energy conservation, welfare or recreation needs · Planning activities · Assistance to Community Based Development Organizations (CBDO) to carry out projects · Assistance to carry out economic development projects · Housing services such as housing counseling and energy auditing · Assistance to facilitate and expand homeownership opportunities for low and very low income people · Lead based paint hazard evaluation and reduction The following activities generally are not elisible for CDBG funding: · New residential housing construction, except in special circumstances · Regular government operations · Buildings such as city halls, police stations, or other buildings primarily for the general conduct of government (except for the removal of architectural barriers) · Income payments such as payments to individuals or families for food, clothing, or rent, except in certain circumstances · Political activities What are the three National Objectives? An eligible CDBG activity must either: · Principally benefit Iow and very low income households; · Reduce or prevent slum and blight; or, · Meet an urgent need The National Objeetiv_es are included in the CDBG regulations at 24'CFK 570.208 and described in detai~l-i in Par~_~.pag~ 1 through 6 of this package. _ ' :: ...... .: :.. 2002 Ci)BG/ItO~'~£0CaT~Ot~--GENERAL BFOmUAT~tON PART I PaCE Are there rules or regulations that I should consider when thinking about submitting an application? All projects are subject to environmental review, civil fights compliance, and procurement requirements. Some of the other things that may effect the amount you request, and your project, are labor standards, relocation, local hire, American Disability Act, and audit requirements. How do I apply? Complete an application and submit (POSTMARK IS NOT ACCEPTABLE) it by 5:00 PM on August 22, 2001 to the: City of Bremerton, Economic Development Department 286 4th Street Bremerton, WA 98337 Eligible applicants will be required to take part in an interview with the Citizen Advisory Committee between August 22 and September 22, 2001. How do I get help with the application? · Call Deborah Peavler-Stewart at 478-7996 or Marylyn Waibel at 478-5375. · Attend the pre-application workshop scheduled July 11, 2001 at 3:30 at the Public Works Utility Building Conference Room, 3027 Olympus Drive, Bremerton. How will appliCations be reviewed and projects selected? · City staff.will review the application to assure it is complete, the applicant and project meet the three threshold requirements, and the project is consistent with the Consolidated Plan. Projects not meeting the threshold requirements will be disqualified from consideration for funding. Such projects will not be rated. Additionally, City staff.will rate the project on the need for the project as defined in a plan (Criteria #1). · A Citizens Advisory Committee, appointed by the Mayor, will review the applications, interview applicants, rate and rank the projects utilizing the process outlined in Part II, and present their recommendation to the Bremerton City Council. · A public hearing will be held and the Bremerton City Council will make the final decision concerning activities to be included in the 2002 Action Plan. · The 2002 Action Plan will be sent the to U.S. Department of Housing and Urban Development by November 15, 2001 for approval. When will funds be available? Funding is dq:,~nd~tron the federal HUD budg~ being r~,aified, In::"normal,' years this is by · ..: M~ch; ~We. ~1 not be able to sign contracts, with subrecipients until we receive a contract from HUDi-~l~em~:..~-$5_50,000 is an estimatiOn,, we Will r not know tbg_actualamoum until after 2002 cI~BG/Jt~ME Ai?'oca~o~-Gm~ I~om~oh PART I PAC~ 3 .... HOME PROGRAM ~What is the HOME Program? The HOME Program was created by the National Affordable Housing Act of 1990 (NAHA). The Housing and Community Development Act of 1992 and the Multifamily Prgperty DispOsition Act of 1994 made important changes to the Program. , The intent of the HOME Program is to: :~- .';: ~ * expand the supply of decent, safe, sanitary, and affordable housing; * to strengthen the abilities of state and local governments to provide housing; * to expand the capacity of nonprofit community based housing development organizations; and, * to leverage private sector participation in financing affordable housing. How much money is available? Approximately $430,000 in HOME funds will be available through the City in 2002. 15% or approximately $64,500 will be available to Community Development Housing Organizations (CHDOs) and 5% or approximately $21,500 will be available to Kitsap County for administration and 5% or approximately $21,500 will be available to the City for administration. What are the City's Priorities for Use of HOME funds? · HOME funds will primarily be used for projects that promote homeownership. · Projects that promote rehabilitation and renovation of existing buildings will be preferred over projects that promote construction on vacant sites. What is the Process for allocation of HOME funds? · Applications will be accepted year round · Application will be submitted to DECD · Application will be reviewed by DECD staff for technical requirements · Staffwill contact Council person in District where proposed project is located. · Neighborhood meeting will be held if appropriate (Council person will determine the scope of meeting) · Applicant will present the proposed project to an interview panel consisting of the Mayor, Council Person, DECD Director, and DECD staff · Recommendations of the panel will be presented to City Council Committees · Recommendations of the panel will be presented to City Council · City Council will approve or deny funding ~he~r~ do I get an application Or more ~ormation? :.:¢~L?all.Deborah Peavler, steWart at 478-7-996 or Marylyn Waibel at 478,53.75 if you are interested ::'sm~app[~4ng for funds tinder the HOME: /2002 CI)BG/HOME ALLOCAT~ON--G~ER~L INFORMATION PART I PAGE