HomeMy WebLinkAbout10/24/01 AGENDA~ OF
CITY COUNCIL MEETING AGENDA
OCTOBER 24, 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 - There are no Consent Agenda Items this week
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. NEW BUSINESS
A. CenCom Lease for Gold Mountain Tower Site (#AB01-244)
B. Consultant Contract for Public Facilities District Proposal for Hotel Conference Center
Project (#AB01-245)
11. PUBLIC HEARINGS - ORDINANCES
A. Ordinance (First Reading) Amending Chapter 2.18 of the Bremerton Municipal Code
regarding the Audit Committee and Internal Auditor (#AB01-246)
12. PUBLIC HEARINGS
A. ~t:HY~'-He'a~,'~ Regarding Mitigation Alternatives for FEMA Section 404 Grant
(#AB01-247)
13. ADJOURNMENT OF MEETING
IMMEDIA TEL Y FOLLOWING THE REGULAR MEETING, THE COUNCIL WILL RECONVENE FOR
A WORK SESSION TO DELIBERATE THE PROPOSED AMENDMENTS TO THE
COMPREHENSIVE PLAN AND ZONING MAP...
CITY COUNCIL & MAYOR:
Every trash day, I place my trash can at the end of my driveway for the garbage
man to pick up. Upon returning home from work, I make sure that the empty can
is returned to the side of my house, Unfortunately this city has residents that think
nothing of leaving their trash cans and recycle bins right where the garbage man
places them. Many of these cans and recycle bins are left out on planting stdps
and public right-of-ways. Left unattended and out in the open, these cans and
the recycle bins fall over and cause property damage and scattered refuse in
yards and out onto the street. I have spoken to the Mayor and several Council
Members regarding this issue for the last three months. Nothing has been done
to stop residents from leaving their trash cans and recycle bins out in public dght
of way. Your own ordinance does not support this attitude. The Uniform Litter
Control Code of the BMC 6.28.020 places upon all persons within the city the
duty of contributing to the public cleanliness of the city and appearance in order to
promote the public health, safety and welfare and to protect the economic
interests of the people of the city against unsanitary and unsightly conditions.
Litter is defined under 6.28.040 as all solid wastes, including, but not limited to
containers, packages, wrappings, printed matter or other material thrown or
deposited as herein prohibited. 6.28.050 goes on to say that no person shall
throw, drop, deposit, discard or otherwise dispose of litter upon any public place
in the city or upon any pdvate property not owned by him, except into a litter
receptacle or other container in such manner that the litter will be prevented from
being carded away or deposited by the elements upon any said public place or
private property. Certainly, leaving a trash can out in the open whereby it's
contents can be freely scattered about by the elements would meet this criteria.
Additionally, the Right of Way Use ordinance of the BMC provides for nuisance in
the dght of way. 11.02.270 states that any object or thing which occupies any
dght of way without the legal authorization required by this chapter is declared a
nuisance. The city is moving to a new contract requiring larger recycle bins. Now
is the time for the council to work to enforce the current ordinance to get these
unsightly cans out of the open. I'd like to have wdtten responses to the following
questions:
1. Will the city enforce the above mentioned codes?
2. If a car is damaged or a child or person is injured by tdpping or falling over
cans or recycle bins, left out in the public dght of way, who is responsible for
the damage?
DEL W KNAUSS
139 Olympic Avenue
Bremerton, WA
377-4425
AGENDA BILL
BREMERTON CITX COUNCIL
1. SUBJECT: FOR AGENDA OF: October 24, 2001
ORIGINATING DEPT: Admin. Srvs.
Emergency Communications Facilities ORIGINATOR: K. McCluske¥
Lease Agreement DATE SUBMITTED: 10/11/01
2. CLEARANCES:~omment on back 3. EXHIBITS:
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Sttorne~,~~/~ / Lease
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ENDORSEMENT~ INFORMA IO APPROVED BY COUNCIL PR~BS~ENT ~OR SUBMITTAL:
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
Cencom is replacing their existing tower on Gold Mountain with a new tower
at a new location on City Utility owned property. The attached lease is
for ten years with an option for four successive five-year renewals.
Compensation is $1,000 per month tied to an annual CPI and 100% of any co-
location revenue up to a maximum of $20,000 per year. Cencom will attach
.t~_o the new tower, the city's public works department radio communications
equipment~at no cost to the city.
8. RECOMMENDATION:
Motion to approve Lease agreement with CENCOM for tower site on Gold
Mountin.
9. RESPONSIBLE OFFICIAL: Admin. Srvs.
ENFORCEMENT OFFICIAL: Admin. Srvs.
EXPIRATION DATE: 2013
REVIEW DATE: N/A
10. NOTICE OF ACTION
PULLED TABLED APPROVED DISAPPROVED glVlEN D~DO
COUNCIL DIRECTIVE:
Date:
11. AGENDA BILL NO:
2. CLEARANCE COMMENTS (cont.):
4. SUMMARY STATEMENT (cont.):
5. IMPACT ON NON-PASSAGE:
Cencom will be forced to relocate on property not owned by city.
Loss of revenue to city utility.
6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES
$12,000 + per year to Utility
7. RESEARCH SOURCES:
EMERGENCY COMMUNICATIONS FACILITIES
LEASE AGREEMENT
THIS LEASE AGREEMENT entered into by and between the City of Bremerton, a
municipal corporation duly organized and existing under the laws of the State of Washington, as
Lessor (hereinafter referred to as "City") and Kitsap County Central Communication
(CENCOM), a separate legal governmental entity created through Interlocal Agreements
between the various jurisdictions within Kitsap County pursuant to RCW 39.34 (hereinafter
referred to as "CENCOM").
WITNESSETH:
1. PREMISES. The City hereby leases to CENCOM real property located on Gold
Mountain for housing, installing, constructing, operating and maintaining a 911 emergency
communications facility, said real property and facilities being more specifically described
and/or depicted in Schedule A, attached hereto and specifically incorporated herein (hereinafter
referred to as Premises). CENCOM agrees to accept such real property for such purpose, subject
to the considerations, terms and conditions specified in this Emergency Communications
Facilities Lease Agreement (hereinafter referred to as "Lease")
2. DEFINITIONS. For the purpose of this Lease, and the interpretation and enforcement
thereof, the following words and phrases shall have the following meanings, unless the context
of the sentence in which they are used shall indicate otherwise:
"Emergency communications facility" means the plant, equipment and property,
including but not limited to, cables, wires, conduits, ducts, pedestals, antennae, towers,
electronics, equipment storage structures or shelters, and other appurtenances used or to be used
to transmit, receive, distribute, provide or house emergency communications (911) services;
"Person" means and includes governmental agencies, corporations, companies,
associations, joint stock companies or associations, firms, partnerships, limited liability
companies and individuals and includes their lessors, trustees and receivers;
"Public Street" means any highway, street, alley or other public right of way for motor
vehicle travel under the jurisdiction and control of the City which has been acquired, established,
dedicated or devoted to highway purposes;
"Public way" means and includes all public streets and utility easements, as those terms
are defined herein, now or hereafter owned by the City, but only to the extent of the City's right,
title, interest or authority to grant a permit or lease to occupy and use such streets and easements
for emergency communications facility;
CENCOM - September 1 I, 2001
Page I
"Telecommunications carrier" means and includes every person that directly or
indirectly owns, controls, operates or manages plant, equipment or property within the City, used
or to be used for the purpose of offering commercial for profit telecommunications services;
"Telecommunications provider" means and includes every person who provides
commercial for profit telecommunications services over telecommunications facilities without
any ownership or management control of the emergency communications facility;
"Telecommunications service" means the providing or offering for rent, sale or lease, or
in exchange for other value received, of the transmittal of voice, data, image, graphic and video
programming information between or among points by wire, cable, fiber optics, laser,
microwave, radio, satellite or similar facilities, with or without benefit of any closed transmission
medium.
"Utility easement" means any easement owned by the City and acquired, established,
dedicated or devoted for public utility purposes not inconsistent with emergency communication
facility.
3. USES AND PURPOSES. CENCOM shall have the use and occupancy of the
Premises for the purpose of transmission and reception of emergency communication and signals
in any and all frequencies using real property and emergency communications facility described
in Schedule A.
CENCOM shall have the right, at its expense, to erect and maintain on the Premises
improvements, personal property and facilities, as described in Schedule A and pursuant to
successful completion of all requisite permit processes.
City shall provide CENCOM unlimited ingress, egress, and twenty-four hour a day,
seven days a week access over the property to the Premises adequate to service the Premises and
the emergency communications facility at all times during this Lease except CENCOM shall
agree to sign a mutual road maintenance agreement to be provided by City along with and
identifying all other users of access roads not included in the public road system and CENCOM
shall agree to share equally the annual charge of maintaining the access roads not to exceed
Three Hundred and No/100 Dollars ($300.00) dependant upon actual road maintenance
expenditure by City within any given year. Which amount shall be increased annually in January
based upon the CPI for all urban consumers, Seattle-Tacoma-Bremerton index (1982-84=100) as
published by the Bureau of Labor Statistics for the last month for which statistics are posted.
4. LEASE APPLICATION. Any person that desires to solicit the City's approval
of a Lease shall file a lease proposal with the City, which shall include the following:
A. The identity and legal status of the applicant, including any affiliates;
B. The name, address, telephone number and title of the officer, agent or
employee responsible for the accuracy of the lease application statement;
CENCOM - September 11. 2001
Page 2
C. A description of the service that the applicant intends to offer or provide,
or is currently offering or providing, to persons, firms, businesses or institutions within the City,
or to those outside the City limits using facilities located within the City;
D. A description of the emergency communications facility or other
equipment proposed to be located upon City property;
E. A description of the City property upon which the applicant proposes to
locate an emergency communications facility or other equipment;
F. Signed set of owner's drawings, preliminary plans and specifications in
sufficient detail to identify:
(1) Manufacturer standards, punch list on workmanship inspections for
future sign-off by City inspectors for all the emergency
communications facility being proposed by CENCOM.
(2) The location(s) of existing emergency communications facility or
other equipment upon the City property, whether publicly or
privately owned.
(3) The location and source of electric and other utilities required for
the installation and operation of the proposed facilities.
G. Accurate scale conceptual drawings and diagrams of sufficient specificity
to analyze the aesthetic impacts of the proposed emergency communications facility or other
equipment;
II. Whether the applicant intends to provide cable service, video dialtone
service or other video programming service, and sufficient information to determine whether
such service is subject to cable franchising;
I. An accurate map showing the location of any existing telecommunications
facilities in the City that applicant intends to use or lease;
J. A description of the services or facilities that the applicant will offer or
make available to the City and other public, educational and governmental institutions;
K. Evidence that the applicant has explored possible co-location sites on
existing tower sites on City or private property.
L. Such other and further information as may be requested by the City; and
CENCOM - September 11,2001
Page 3
M. A non-refundable application fee of Five Hundred and No/100 Dollars
($500.00).
5. NON-EXCLUSIVE LEASE. This Lease is nonexclusive and does not preclude
the City from granting a similar lease, right, license, franchise, etc. to other carriers, providers or
other persons for telecommunications or any other purpose.
6. TERM OF LEASE. This Lease shall be valid for a term of ten (10) year(s)
commencing within sixty (60) days of receipt of all permits or March 1, 2002, whichever date
occurs first.
7. OPTION TO RENEW. The City agrees to offer CENCOM four (4) successive
five (5) year options to renew this Lease Agreement contingent upon CENCOM remaining in
full compliance with the terms and conditions of this Agreement and subject to renegotiation of
compensation. CENCOM and the City agree to mutually perform a market survey to establish
renewal rates. To execute an option for renewal, CENCOM not more than 180 days and not less
than 60 days prior to the expiration of the term, shall give written notice to the City that
CENCOM is exercising its option for an additional five (5) year term.
8. COMPENSATION TO THE CITY.
A. Starting on the Commencement Date and on the first day of each month
thereafter during the term of the Lease, CENCOM shall pay a land lease rent at a rate of One
Thousand and No/100 Dollars ($1,000.00) per month, prorated for any partial months.
At the beginning of each successive year thereafter the monthly rent shall automatically
be adjusted based upon the CPI for all urban consumers, Seattle-Tacoma-Bremerton index
(1982-84=100) as published by the Bureau of Labor Statistics for the last month for which
statistics are posted prior to the effective date above. However, rent shall not, in any case,
decrease.
Any payments received after the due date shall include a late payment penalty of 2% of
the annual rental fee for each day or part thereof past the due date.
B. Additional Consideration.
1. As a function of CENCOM's separate Interlocal Agreement with
City, City's Police and Fire Department public safety radio dispatch channel equipment owned
by CENCOM will be moved to the new emergency communications facility at CENCOM's
expense. In addition, CENCOM shall move and attach the City Public Works Department radio
communications equipment to the CENCOM emergency communications facility provided City
first obtains CENCOM's prior written consent for such attachment. CENCOM's approval for
said attachment shall be contingent upon determination that such transmission shall not result in
any impairment or diminution in the quality of CENCOM's service. Further, said approval shall
be given only after CENCOM has reviewed and approved City's engineering plans for said
CENCOM - September 11, 2001
Page 4
antenna attachments in a location specified by CENCOM. Approval shall not be unreasonably
withheld. Upon written approval by CENCOM, said attachments shall be installed in accordance
with CENCOM's directives for the method of installment and with permits issued by all
applicable governmental authorities having jurisdiction, which shall first be obtained by City at
its sole expense. City acknowledges and agrees that CENCOM reserves the right to relocate
City's antennas at any time(s) to accommodate modifications required for CENCOM's future
system requirements, provided such relocation shall provide equivalent quality of service after
such relocation. All initial installation of equipment for the City and any future relocation
requested by CENCOM shall be at CENCOM's expense.
2. During the initial term of the agreement and pursuant to Section 10
CENCOM shall pay to the City 100% of any and all sub-lease rent received from commercial for
profit telecommunications providers for co-location on CENCOM's emergency communications
facility. The combined total of commercial tenant sub-lease and land lease revenue to City will
be capped at $20,000 per year subject to the aforementioned annual CPI adjustor
CENCOM will have unrestricted use of the tower space to accommodate service to its
jurisdictional client agencies as it sees fit. As such, CENCOM reserves the right to provide
space to organizations or agencies that provide a significant in-kind exchange or cost avoidance
for the benefit of City and other CENCOM client agencies in the construction of the emergency
communications facility and/or its ongoing maintenance. Such use shall not interfere with or
otherwise restrict the City's use of its equipment. City approval, which will not be unreasonably
withheld, shall be required for all in-kind use.
9. UTILITIES. Electricity, HVAC and telephone service, or other utilities are to be
provided to the Premises at CENCOM's expense and as outlined in Schedule A. City shall
cooperate with CENCOM in obtaining utility service.
10. LEASED CAPACITY AND CO-LOCATION. CENCOM shall have the right,
to sublet the premises consistent with this Lease; provided:
A. CENCOM shall furnish the City with a copy of any such lease or
agreement between CENCOM and its sub-lessee;
B. The sub-lessee has complied, to the extent applicable, with the
requirements contained in this Lease. All subleases shall contain a provision that specifically
requires compliance regarding non-interference with other lessee's and the City's equipment and
further requiring them to indemnify and hold the City harmless from any damages caused by the
sub-lessee's actions.
C. CENCOM owns and/or controls the emergency communications tower
facility located on City property;
The City encourages co-location on existing telecommunications facilities and to that end
will not unreasonably withhold approval of sub-leases.
CENCOM - September 11. 2001
Page 5
11. IMPROVEMENTS. During the term of this Lease if CENCOM wishes to
expand the tower size, CENCOM will submit an updated application pursuant to Section 4,
delineating any changes to the initial application. Compensation for the proposed expansion will
be negotiated upon approval of the application.
12. RIGHTS GRANTED. This Lease does not convey any right, title or interest in
the City property, but shall be deemed to convey only the right to use and occupy the City
property for the limited purposes and term stated in the Lease.
13. CANCELLATION OF LEASE BY CENCOM.
A. All Leases are contingent upon CENCOM obtaining all necessary permits,
approvals and licenses for the proposed facilities. In the event that CENCOM is unable to obtain
all such permits, approvals and licenses, it may cancel its lease, and obtain a pro rata refund in
any rents paid, without further obligation by giving 30 days prior written notice to the City.
CENCOM agrees to restore City property to original condition if cancellation is requested.
B. In the event that the holder of a Lease determines that the City property is
unsuitable for its intended purpose, CENCOM shall have the right to cancel the Lease upon 120
days written notice to the City. However, no prepaid rent shall be refundable.
14. INTERFERENCE WITH OTHER USERS. CENCOM acknowledges that the
City may enter into leases with other tenants for their equipment and telecommunications
facilities for the purposes of transmitting and receiving telecommunication signals from
surrounding City property. The City will include noninterference clauses in all future
telecommunication leases. The City, however, is not in any way responsible or liable for any
interference with CENCOM's use of the City property, which may be caused by the use and
operation of any other tenant's equipment or co-locator's equipment, even if caused by new
technology. In the event that any successive tenant's activities interfere with CENCOM's use of
the City property, said tenant and CENCOM shall work together to cure electronic interference
problems in accordance with applicable Federal Communications Commission (FCC) rules and
regulations, and standards of the Western Washington Cooperative Interference Committee
(WWCIC) as described in Section 15 below. Continued interference shall be grounds for
revocation pursuant to section 31. In addition, CENCOM agrees to eliminate any radio or
television interference caused to City-owned facilities or surrounding residences at CENCOM's
own expense and without installation of extra filters on City-owned equipment.
15. TECHNICAL STANDARDS. CENCOM shall operate its emergency
communications facility in complete compliance with rules and regulations of the Federal
Communications Commission. CENCOM shall operate its equipment in compliance with the
applicable standards for this site as established by the Western Washington Cooperative
Interference Committee (WWCIC) Engineering Standard #6 Rev. C (02-97) for Radio
Transmitting and Receiving Devices and FM Broadcast, hereinafter incorporating future
amendments.
CENCOM - September 11, 2001
Page 6
16. OWNERSHIP AND REMOVAL OF IMPROVEMENTS. All buildings,
landscaping and all other improvements, except telecommunications equipment, the tower and
equipment shelters, shall become the property of the City upon expiration or termination of the
Lease. In the event that the City requires removal of such improvements after termination of the
Lease, such removal shall be accomplished at the sole expense of CENCOM and completed
within 30 days after receiving notice from the City requiring removal of the improvements.
Additional time may be granted upon the discretion of the City which approval shall not be
unreasonably withheld. In the event that telecommunications facilities or other equipment are
left upon City property after expiration or termination of the lease, they shall, at the City's
option, become the property of the City if not removed by CENCOM upon 30 days written
notice from the City. If CENCOM fails to remove the property upon request by the City,
CENCOM agrees to reimburse the City for any and all removal costs incurred by the City.
17. RENEWAL APPLICATION. If CENCOM desires to renew its Lease under
this Article it shall, not more than one hundred eighty (180) days nor less than sixty (60) days
before expiration of the current Lease, file an application with the City for renewal of its Lease
which shall include the following:
A. Any material changes since the last application filed pursuant to Section 4;
B. Any additional information required based upon elements of the current
Lease agreement between the City and CENCOM;
C. All deposits or charges required pursuant to City ordinances;
D. A non-refundable application fee in the amount of Five Hundred and
No/100 Dollars ($500.00), which may be waived by the City.
The City reserves the right to extend the review period for the renewal application if
additional information is required.
18. OBLIGATION TO CURE AS A CONDITION OF RENEWAL. No Lease
shall be renewed until any ongoing violations or defaults in CENCOM's performance of the
Lease have been cured, or a plan detailing the corrective action to be taken by CENCOM has
been approved by the City.
19. POLICE POWER. In accepting this Lease, CENCOM acknowledges that its
rights hereunder are subject to the legitimate rights of the police power of the City to adopt and
enforce general ordinances necessary to protect the safety and welfare of the public and it agrees
to comply with all applicable general laws enacted by the City pursuant to such power.
20. REPAIR AND EMERGENCY WORK. In the event of an unexpected repair or
emergency, CENCOM may commence such repair and emergency response work as required
under the circumstances, provided CENCOM shall notify the City as promptly as reasonably
CENCOM - September 11, 2001
Page 7
possible, before such repair or emergency work commences or as soon thereafter as possible if
advance notice is not practicable.
21. MAINTENANCE OF LEASE FACILITIES. CENCOM shall maintain its
facilities in good and safe condition and in a manner that complies with all applicable federal,
state and local requirements. CENCOM shall not permit waste, damage, or injury to the
premises including any City property, public ways of the City, other ways or other property,
whether publicly or privately owned, located in, on or adjacent thereto. CENCOM shall not
restrict site access to City. City shall have the exclusive right to inspect CENCOM's
telecommunications facilities and equipment at any time during the term of this Lease to ensure
compliance with the terms and conditions herein; Provided, however, CENCOM has the right to
be present at all inspections of CENCOM's telecommunications facilities and equipment, and
City shall give CENCOM at least 24 hours prior notice of such intent.
22. SIGNAGE. CENCOM shall display a current sign on telecommunication
facilities identifying CENCOM, address and a 24-hour phone number.
23. REMOVAL OF UNAUTHORIZED FACILITIES. Within thirty (30) days
following written notice from the City, CENCOM or any person who owns, controls or
maintains on behalf of CENCOM any unauthorized telecommunications system, facility or
related appurtenances within the public ways or real property of the City may, remove such
facilities or appurtenances from the public ways or property of the City. A telecommunications
system or facility is unauthorized and subject to removal in the following circumstances:
A. Upon expiration or termination of CENCOM's Lease without approved
extension or renewal;
B. Upon abandonment of a facility within the public ways or real property of
the City. Any property of CENCOM shall be deemed abandoned if left in place 30 days after
expiration or termination of the Lease;
C. If the system or facility was constructed or installed without the prior grant
of a Lease;
D. If the system or facility was constructed or installed without the prior
issuance of a required City permits; and
E. If the system or facility was constructed or installed at a location not
permitted by the Lease.
Provided, however, that the City may, in its sole discretion, allow CENCOM, or other
such persons who may own, control, or maintain telecommunications facilities within the public
ways or property of the City to abandon such facilities in place. No facilities of any type may be
abandoned in place without the express written consent of the City. Any plan for abandonment
or removal of CENCOM's facilities must be first approved by the Public Works and Utilities
CENCOM - September 11,2001
Page 8
Director, and all necessary permits must be obtained prior to such work. Upon authorized
permanent abandonment of the property of such persons in place, the property shall become that
of the City, and such persons shall submit to the City an instrument in writing, to be approved by
the City Attorney, transferring to the City the ownership of such property in which event,
CENCOM shall have no further obligations or liability with respect to such facilities. The
provisions of this Section shall survive the expiration, revocation, or termination of the Lease
granted hereunder. If the City does not authorize abandonment and CENCOM fails to remove
such facilities within thirty (30) days following notice, CENCOM agrees to reimburse the City
for any and all costs incurred by the City for facilities removal.
24. DAMAGE TO FACILITIES. Unless directly and solely caused by the
negligence or willful, intentional or malicious acts by the City not otherwise authorized herein,
the City shall not be liable for any damage to or loss of any telecommunications facility upon
City property.
25. RESTORATION OF PUBLIC WAYS, OTHER WAYS AND CITY
PROPERTY.
A. When CENCOM, or any person acting on its behalf, does any work in or
affecting any public ways, other ways or City property, it shall, at its own expense, promptly
remove any obstructions therefrom and restore such ways or property to City construction
standards as adopted before the work was undertaken, unless otherwise directed by the City.
CENCOM shall obtain all requisite permits for such work.
B. If weather or other conditions do not permit the complete restoration
required by this Section, CENCOM shall temporarily restore the affected ways or property.
Such temporary restoration shall be at CENCOM's sole expense and CENCOM shall promptly
undertake and complete the required permanent restoration when the weather or other conditions
no longer prevent such permanent restoration.
C. CENCOM or other person acting in its behalf shall use suitable barricades,
flags, flagrnen, lights, flares and other measures as required for the safety of all members of the
general public and to prevent injury or damage to any person, vehicle or property by reason of
such work in or affecting such ways or property.
D. The Public Works and Utilities Director shall be responsible for inspection
and final approval of the condition of the public ways, other ways, and City property following
any construction and restoration activities therein. Further, the provisions of this Section shall
survive the expiration, revocation, or termination of this Lease.
26. FACILITIES MAPS. CENCOM shall provide the City with a map or maps
accurately reflecting the horizontal and vertical location and configuration of all of its emergency
communications facility within the public ways and upon City property. CENCOM shall
provide the City with updated maps upon request by the City.
CENCOM - September 11. 2001
Page 9
27. BOOKS, RECORDS AND MAPS. All books, records, maps and other
documents, maintained by CENCOM with respect to its emergency communications facility
within the public ways and upon City property shall be made available for inspection by the City
at reasonable times and intervals; Provided, however, that nothing in this Section shall be
construed to require CENCOM to violate state or federal law regarding subscriber privacy, nor
shall this Section be construed to require CENCOM to disclose proprietary or confidential
information without adequate safeguards for its confidential or proprietary nature.
28. GENERAL INDEMNIFICATION. CENCOM hereby agrees to defend,
indemnify, and hold harmless the City, its appointed and elected officers, employees, agents and
volunteers from and against any and all liability, loss, costs, damage, and expense, including
costs and attorney fees in defense thereof, and including claims by CENCOM's own employees
to which CENCOM might otherwise be immune under Title 51 RCW, because of actions, claims
or lawsuits for damages resulting from personal or bodily injury, including death at any time
resulting therefrom, sustained or alleged to have been sustained by any person or persons, and on
account of damage to property, arising or alleged to have arisen directly or indirectly out of or in
consequence of the performance of this Agreement, whether or not injuries to persons or damage
to property is due to the negligence of CENCOM, its agents, employees, representatives or
assigns. This provision shall be inapplicable to the extent such damage or injury is caused by the
sole negligence of the City, its officers, employees, agents or volunteers. This provision waiving
immunity for claims arising out of Title 51 RCW was specifically negotiated by the parties.
CENCOM releases and waives any and all claims against the City, its officers, employees,
agents, and volunteers for damage to or destruction of CENCOM's facilities except to the extent
any such damage or destruction is caused by the sole negligence or willful and malicious action
of the City, its officers, employees, agents, or volunteers.
29. ASSIGNMENTS OR TRANSFERS OF LEASE. Ownership or control of a
Lease may not, directly or indirectly, be transferred, assigned or disposed of by sale, lease,
merger, consolidation or other act of CENCOM, by operation of law or otherwise, without the
prior written consent of the City. A requested transfer to another Governmental entity shall be
conditioned upon their agreement to be bound by the terms and conditions of this Lease
Agreement and that the assignee is determined by the City to be financially and technically able
to operate the system and comply with the Lease Agreement terms for the agreements duration.
A. No request for Lease assignment or transfer in any manner shall be made
within twelve (12) months after the initial grant of the Lease, unless otherwise provided.
B. Absent extraordinary and unforeseeable circumstances, no system or
integral part of a system shall be assigned or transferred before construction of the
telecommunications facility has been completed.
C. CENCOM and the proposed assignee or transferee of the system shall
provide and certify the following information to the City not less than sixty (60) days prior to the
proposed date of transfer:
CENCOM - September 1 i, 2001
Page 10
(1) Complete information setting forth the nature, terms and condition
of the proposed transfer or assignment;
(2) All information required of a lease applicant pursuant to Section 4
with respect to the proposed transferee or assignee;
(3) Any other information reasonably required by the City; and
(4) An application fee set by Section 4.
O. No transfer shall be approved unless the assignee or transferee has the
legal, technical, financial, and other requisite qualifications to own, hold and operate the
telecommunications facility pursuant to this Lease.
E. Unless otherwise provided in this Lease, CENCOM shall reimburse the
City for all direct and indirect costs and expenses reasonably incurred by the City in considering
a request to transfer or assign this Lease. No approval shall be deemed final until all such costs
and expenses have been paid.
F. Any transfer or assignment of the lease, system, or integral part of a
system without prior written approval of the City under this Section or pursuant to the Lease
shall be void and is cause for revocation of the lease.
30. TRANSACTIONS AFFECTING CONTROL OF LEASE. Any transactions
which singularly or collectively result in a change of 50% or more of the ownership or working
control of CENCOM, of the ownership or working control of the emergency communications
facility, of the ownership or working control of affiliated entities having ownership or working
control of CENCOM or of a emergency communications facility, or of control of the capacity or
bandwidth of CENCOM's emergency communications system, facilities or substantial parts
thereof, shall be considered an assignment or transfer requiring City approval pursuant to Section
29 hereof. Transactions between affiliated entities are not exempt from City approval.
CENCOM shall promptly notify the City prior to any proposed change in, or transfer of, or
acquisition by any other party of control of CENCOM's company. Every change, transfer, or
acquisition of control of CENCOM's company shall cause a review of the proposed transfer. In
the event that the City adopts a resolution or other appropriate order denying its consent and such
change, transfer or acquisition of control has been effected, the City may cancel the Lease.
Approval shall not be required for mortgaging purposes or if said transfer is from CENCOM to
another entity controlling, controlled by, or under common control with CENCOM.
31. REVOCATION OR TERMINATION OF LEASE. The Lease granted by the
City to use or occupy public ways of the City or City property may be terminated for the
following reasons:
CENCOM - September 1 I, 2001
Page 1 l
[.3
A. CENCOM's construction or operation in the City or in the public ways of
the City or upon City property without proper City authorization;
B. CENCOM's construction or operation at an unauthorized location;
C. Unauthorized substantial transfer of control of CENCOM;
D. Unauthorized assignment of Lease;
E. Unauthorized sale, assignment or transfer of CENCOM's Lease, assets, or
a substantial interest therein;
F. Misrepresentation by or on behalf of CENCOM in any application or
written statement upon which the City relies in making the decision to grant, review or amend
said Lease;
G. Abandonment of telecommunications facilities in the public ways or upon
City property;
It. Failure to pay taxes, compensation, fees or costs when and as due the City;
I. Insolvency or bankruptcy of CENCOM;
J. Failure to construct or operate in accordance with approved permits; and
K. Interference with the equipment of other Lessee's or the City's equipment.
L. Violation of any material provision or term of this lease.
32. NOTICE AND DUTY TO CURE. In the event that the City believes that
grounds exist for revocation of this Lease, CENCOM shall be given written notice of the
apparent violation, default, or noncompliance, providing a short and concise statement of the
nature and general facts of the violation or noncompliance, and providing CENCOM a
reasonable period of time not exceeding 30 days to furnish evidence:
A. That corrective action has been, or is being actively and expeditiously
pursued, to remedy the violation, default or noncompliance;
B. That rebuts the alleged violation, default or noncompliance; and
C. That it would be in the public interest to impose some penalty or sanction
less than revocation.
33. HEARING. In the event that CENCOM fails to provide evidence reasonably
satisfactory to the City as provided in Section 32 hereof, the City shall refer the apparent
CENCOM - September I 1,2001
Page 12
violation, default or non-compliance to the City Council or Hearings Examiner. The City
Council or Hearings Examiner shall provide the Lessee with notice and a reasonable opportunity
to be heard concerning the matter.
34. STANDARDS FOR REVOCATION OR LESSER SANCTIONS. If the City
Council determines that CENCOM willfully violated or failed to comply with any of the
provisions of this Lease or through willful misconduct or gross negligence failed to heed or
comply with any notice given CENCOM by the City under the provisions of this Lease, then
CENCOM shall, at the election of the City Council and upon thirty (30) days prior written notice
by City, forfeit all rights conferred hereunder and the Lease may be revoked or annulled by the
City Council. The City Council may elect, in lieu of the above and without any prejudice to any
of its other legal rights and remedies, to pursue other remedies, including obtaining an order
from the Superior Court having jurisdiction compelling CENCOM to comply with the provisions
of this Lease, and to recover damages and costs incurred by the City by reason of CENCOM's
failure to comply. The City Council shall utilize the following factors in analyzing the nature,
circumstances, extent, and gravity of the violation and in making its determination under this
Section:
A. Whether the misconduct was egregious;
B. Whether substantial harm resulted;
C. Whether the violation was intentional;
D. Whether there is a history of prior violations of the same or other
requirements;
E. Whether there is a history of overall compliance; and
F. Whether the violation was voluntarily disclosed, admitted or cured.
35. NOTICE OF ENTRY ON PRIVATE PROPERTY. If directed by the City, at
least 24 hours prior to entering private property or streets or public easements adjacent to or on
such private property to perform permitted new construction or reconstruction, a notice
indicating the nature and location of the work to be performed shall be physically posted, at no
expense to the City, upon the affected property by CENCOM. A door hanger may be used to
comply with the notice and posting requirements of this Section. CENCOM shall make a good
faith effort to comply with the property owner/resident's preferences, if any, on location or
placement of underground installations (excluding aerial cable lines utilizing existing poles and
existing cable paths), consistent with sound engineering practices. Provided, however, that
nothing in this Lease shall permit CENCOM to unlawfully enter or construct improvements upon
the property or premises of another.
36. SAFETY REQUIREMENTS. CENCOM, in accordance with applicable
federal, state, and local safety requirements shall, at all times, employ ordinary care and shall
CENCOM - September 11,2001
Page 13
/5
install and maintain and use commonly accepted methods and devices for preventing failures and
accidents which are likely to cause damage, injury, or nuisance to the public and/or workers. All
structures and all lines, equipment and connections in, over, under, and upon the streets,
sidewalks, alleys, and public ways or places of a Lease area, wherever situated or located, shall
at all times be kept and maintained in a safe, suitable condition, and in good order and repair.
The City reserves the general right to see that the emergency communications facility of
CENCOM is constructed and maintained in a safe condition. If a violation of the National
Electrical Safety Code or other applicable regulation is found to exist by the City, the City will,
after discussions with CENCOM, establish a reasonable time for CENCOM to make necessary
repairs. If the repairs are not made within the established time frame, the City may make the
repairs itself or have them made and collect all reasonable costs thereof from CENCOM.
37. LIENS. CENCOM shall not permit any lien to be imposed upon the property of
the City as a result of work done by or on behalf of user and shall indemnify and hold the City
harmless against any and all expenses, including reasonable attorney's fees and court costs in
connection with any such lien.
38. MISCELLANEOUS.
A. This agreement shall be governed by the laws of the State of Washington.
B. The substantially prevailing party in any litigation arising hereunder shall
be entitled to its reasonable attorney's fees and court costs, including appeals, if any.
C. Each party agrees to furnish the other, within ten (10) days after request,
such truthful estoppel information as the other may reasonably request.
D. This Lease constitutes the entire agreement and understanding of the
parties, and supersedes all offers, negotiations and other agreements. There are no
representations or understandings of any kind not set forth herein. Any amendments to said
Lease must be in writing and executed by both parties.
E. If either party is represented by a real estate broker in this transaction, that
party shall be fully responsible for any fee due such broker.
F. If any term of this Lease is found to be void or invalid, such invalidity
shall not affect the remaining terms of this Lease, which shall continue in full force and effect.
G. Any notice or demand required to be given herein shall be made by
certified or registered mail, return receipt requested, to the address of the respective parties set
forth below:
LESSOR: CENCOM:
City of Bremerton Kitsap County Central Communications
Administrative Services Director Director
CENCOM - September 11,2001
Page 14
239 Fourth Street 1720 Warren Avenue
Bremerton, WA 98337 Bremerton, WA 98337
39. NONDISCRIMINATION. Lessee shall not discriminate in employment or
services to the public on the basis of race, color, national origin, sex, religion, age, marital status
or disability, except employment actions based on a bona fide occupational qualification.
Dated this day of ., 20__
KITSAP COUNTY BOARD OF
COMMISSIONERS
CHRIS ENDRESEN, Chairperson
TIM BOTKIN, Commissioner
JAN ANGEL, Commissioner
ATTEST:
HOLLY ANDERSON, Clerk of the Board
Date:
CITY OF BREMERTON
LYNN S. HORTON, Mayor
DEPARTMENTAL APPROVAL: APPROVED AS TO FORM:
Kathleen McCluskey Loren Combs
Administrative Services Director City Attorney
CENCOM September 11. 200l
Page 15
State of Washington )
) SS.
County of Kitsap )
On this __ day of ., 20 , personally appeared Lynn S. Horton
to me known to be the Mayor of the City of Bremerton, a municipal corporation, that executed
the within and foregoing instrument, and acknowledged said instrument to be the free and
voluntary act and deed of said municipal corporation, for the uses and purposes therein
mentioned, and on oath stated that she was authorized to execute said instrument.
In witness whereof I have hereunto set my hand and affixed my official seal the day and
year first above written.
Notary Public in and for the State of Washington
Residing at
My commission expires:
Received for filing:
Kathleen McCluskey, City Clerk
CENCOM - September I 1,2001
Page 16
AGENDA BILL
BREMERTON CITY COUNCIL
1. SUBJECT: FOR AGENDA OF: October 24, 2001
ORIGINATING DEPT: Executive
Public Facilities District Proposal ORIGINATOR: Mayor Horton
Consultant Contract DATE SUBMITTED: 10/18/01
Berk & Associates
2. CLEARANCES: (comment on back 3. EXHIBITS:
if necessary)
Statement of Qualifications
Scope of Services
ENDORSEMENT INFORMATION APPROVED BY COUNCIL PREScieNT FOR SUBMITTAL:
MAYOR COUNCIL PRESIDE ~ ~ ~
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
The Public Facilities District has included the City of Bremerton's
proposal for a Regional Conference Center at Sinclair Inlet on their short
list for funding. They have required a hotel/conference center/parking
garage feasibility study and a financial analysis. Ail to be complete in
no more than 90 days. The council recently approved contracts for the
hotel/conference center feasibility study and the financial review of the
entire project. This final contract with Berk & Associates is to conduct
the parking garage feasibility study.
8. RECOMMENDATION:
Motion to approve contract with Berk & Associates to conduct the parking
9. RESPONSIBLE OFFICIAL: Executive.
ENFORCEMENT 0FFICIAL: Executive
EXPIRATION DATE: N/A
REVIEW DATE: N/A
10. NOTICE OF ACTION
COUNCIL DIRECTIVE:
Date:
11. AGENDA BILL NO: 0/-- ~f
2. CLEARANCE COMMENTS (cont.):
4. SUMMARY STATEMENT (cont.):
5. IMPACT ON NON-PASSAGE:
The City will not receive 7.5 million from the PFD for the conference
center.
6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES
7. RESEARCH SOURCES:
MEMORANDUM
Date: October 19, 2001
To: Kathleen McCluskey, City of Bremerton
From: Michael Hodgins
Re: Scope of Services - Parking Feasibility Assessment
City of Bremerton PFD Proposal
Further to our meeting on Wednesday, I have prepared the following suggested scope of work
and estimated fee to conduct a feasibility assessment of the parking element of the City's
hotel and convention facility proposal, Our proposal is based on a preliminary review of the
Fehr & Peers parking study, our current understanding of the project and the six week time
constraint for completion of this assignment.
The following scope of services is proposed:
> Review existing documents. To the maximum extent possible the parking analysis will
be based on existing resources, including but not limited to: Fehr & Peers Parking Study;
the City's development proposal; City Comprehensive Plan and Policies; and any other
relevant project analyses and downtown development proposals, such as the City/County
building and the potential expansion of the Port of Bremerton marina.
> Survey of parking rates. Conduct a survey of current pricing for parking in the City of
Bremerton. If relevant, facilities in comparable markets may also be surveyed to ensure
that there is an adequate base of pricing information. Interview local parking operators to
assess the trends in pricing and to the extent possible, identify recent pricing history in the
downtown core area.
> Assessment of parking demand. Conduct an assessment of the estimated current
and future parking demand in downtown Bremerton, We will largely base the analysis on
the City's recently completed parking demand study. The analysis will segment the
parking market for the City's development proposal according to the principal project
elements: hotel, restaurant, convention facility, condos, commuter parking, etc. The
demand assessment will be coordinated with the City's real estate consultant to ensure
that the evaluations are consistent
Scope of Services
Parking Feasibility Assessment
Financial pro forma scenarios. The financial and market feasibility will be assessed
using a 20-year financial pro forma model that will incorporate the estimates of parking
demand and pricing options to develop revenue estimates. Both construction and
operating costs will be estimated and the net financial performance of the parking facility
will be evaluated. The parking feasibility pro forma model will be used to assess the City's
potential financial risk by evaluating the impacts of various supply and demand factors
such as: different assumptions about price sensitivity in each of the parking segments;
changes in ferry fares and the ripple effect on the local commuter market; and the impact
of different development assumptions on both the supply and demand for parking in the
downtown area. The financial analysis will be supplied to the City's financial consultant for
inclusion in the overall financial assessment of the hotel/convention center project.
The findings and conclusions of the analysis will be documented in a parking feasibility report
that will clearly identify all major assumptions and potential risk factors. The analysis will also
be closely coordinated with the work of the City's other consultants to ensure that consistency
is maintained throughout the combined project feasibility evaluation.
Estimated Budget. This project will be billed on a time and materials basis not to exceed
$9,200. This preliminary budget estimate is based on our current understanding of the
project and the scope described above. The budget assumes that there will be 2-3 team
meetings to discuss approach, analysis and presentation of findings. I will be the principal
analyst for this project and will be assisted on research tasks by Courtney Knox or Cherienne
Tibbetts of our office. The following hourly rates will apply:
Michael Hodgins $1 25
Courtney Knox $75
Cherienne Tibbetts $60
Thank you for thinking of us for this project. I look forward to the opportunity to work with the
City on this exciting and important project.
BERK & ASSOCIATES Page 2
STRATEGIC PLANNING AND POLICY DEVELOPMENT
FINANCIAL AND ECONOMIC ANALYSIS
FACILITATION AND PROCESS DESIGN
STRATEGIC COMMUNICATIONS AND OUTREACH
FIRM DESCRIPTION AND MISSION
Berk & Associates is a 13-year old full-service policy development consulting firm specializing in
strategic planning, policy, financial and economic analysis, and stakeholder outreach and facilitation for
public and non-profit agencies. The firm is known regionally for its excellent technical and strategic
communications work; the integration of management and policy analysis with process design,
facilitation and community involvement; and the ability to prepare and communicate clear, succinct
messages and materials for non-technical audiences; and for its track record in working collaboratively
with staff, elected officials, stakeholders, non-profit boards, the business community and the public to
accomplish a broad range of policy and organizational objectives.
Our mission is to help organizations create their best futures, by:
· Integrating the art of effective decisionmaking with the science of rigorous quantitative and
qualitative analysis;
· Bringing people, ideas and analysis together - to generate understanding and consensus on the
best strategies and decisions; and
· Bridging across disciplines; to integrate and synthesize diverse information, and cOordinate,
collaborate and facilitate relationships.
We believe the world is full of complexity (and that's what makes it interesting), and that there is
extraordinary value in elegantly simple analysis and decisions, effectively communicated.
BERK & ASSOC ATES, INC. 9 ~..~ PAGE
PRACTICE AREAS
Our practice integrates strategic planning and policy development, financial and economic analysis,
facilitation and process design, and strategic communications and community outreach.
Strategic Planning and Policy Development
Our work encompasses large-scale strategic plan development for ports, cities, state agencies and
non-profit organizations, often involving Advisory and/or project Oversight Committees, whose work
we manage and facilitate. We also conduct management studies for regional and local agencies and
transportation service providers - often involving infrastructure, facility and financial planning. Another
key area of expertise is in regional economic development - we have worked with numerous
communities to develop strategic economic development assessments and implementation plans,
including assessment of market conditions and opportunities, community needs and preferences,
identification of resource and infrastructure requirements, and finally, recommended action plans.
Financial and Economic Analysis
We are experts in municipal and infrastructure finance, and have developed financial models and
plans of finance for all transportation modes (airports, ferries, transit, highways, rail and bus systems)
and for numerous other large infrastructure improvements. We frequently work on multi-disciplinary
teams, specializing in preparing finance plans for facility studies, master plans and capital facility plan
development. In addition, we prepare funding and financing studies for a diverse range of institutions
and programs, including zoos, public health departments, police and fire departments, and other
clients.
Facilitation and Process Design
Our firm is recognized for its skills, expertise and track record in designing and managing facilitation
processes that bring together stakeholders representing diverse perspectives, generate understanding
and result in consensus around recommended policy choices. We are knowledgeable about many of
the critical regional policy issues and players, and often advise our clients on formation of advisory
committees, task forces and appropriate stakeholders to include in our various projects. The firm has
developed numerous tools and approaches to ensure that meetings and stakeholder outreach
processes are productive and successful.
Strategic Communications and Community Outreach
A critical component of policy development is communicating the process, options and outcomes of
the policymaking process. We work with our clients to develop effective internal and external
communication strategies and plans, and then collaborate in implementing those plans. We have
expert capabilities in the design of internet and intranet websites, project graphics to convey complex
information clearly and concisely, and printed materials, including project brochures, issue papers and
fact sheets and newsletters. We have a track record of planning and facilitating successful public
meetings - often on controversial topics - so that all perspectives are heard and effectively
considered in the policymaking process.
BEIRK & ASSOCIATES C~ PAGE 2
OUR STAFF
Bonnie Berk formed Berk & Associates in 1988 to provide consulting services in financial, economic
and policy analysis, innovative infrastructure financial planning, and assistance to the public and
private sectors in building consensus around complex policy issues and financing strategies. Bonnie
specializes in managing multi-disciplinary studies involving diverse interests and often controversial
issues, providing facilitation services, and designing processes that integrate technical analysis with
policy making and stakeholder and citizen involvement. Prior to forming the firm, Bonnie served as
the Financial Projects Administrator for METRO, was a Research Scientist with the Battelle Human
Affairs Research Centers in Seattle, and was a consultant to the Urban Institute in Washington, D.C.
Michael Hodgins is a Principal at Berk & Associates and the firm's practice area manager for
financial and economic analysis. He specializes in the preparation of financial, economic and policy
studies, with areas of concentration including urban land economics, regional economic and
development patterns, market analysis, growth management issues, fiscal impact and feasibility
studies for transportation and development projects, municipal fiscal analyses, revenue and
expenditure forecasting. Prior to joining Berk & Associates in 1992, Michael was a financial analyst
with Gannett Fleming, where he served as an analyst on numerous large-scale economic and finance
projects.
Martha (Marty) Wine is a policy analyst and facilitator with significant experience in policy
development and organizational analysis at the state, county and local levels. Prior to her affiliation
with Berk & Associates, Marry was a Senior Budget Analyst with the City of Bellevue, a Budget Analyst
for the King County Office of Budget and Strategic Planning; an Executive Policy Assistant for the
Office of the King County Executive; and an Administrative Assistant to Gary Locke during his tenure
in the Washington State House of Representatives.
Lisa Weinberg is a policy analyst and facilitator, with extensive experience in facilitation, strategic
planning, policy analysis, program development and organizational effectiveness. From 1993-99, Lisa
served on the faculty at the University of Washington's Evans School of Public Affairs, with curriculum
responsibilities including organizational and management analysis, management approaches to
service delivery, public budgeting, and intergovernmental relations. She has held positions in a
number of public agencies, including the U.S. Environmental Protection Agency, where she served as
an internal management consultant, designing and conducting major organizational' studies and
providing consultation to managers on organizational structure and program management.
Courtney Knox is a policy analyst and strategic communications expert with expertise in research
and data collection, committee and focus group facilitation, website and newsletter development, and
outreach program design for regional and local public and non-profit agencies. Prior to her affiliation
with Berk & Associates, Courtney was a Research Analyst with the Office of Port JOBS, where her
work focused on forecasting policy analysis and development. She has also worked as a Research
Assistant on a database design project for the City of Minneapolis' Neighborhood Revitalization
Program; a Program Evaluator for the projects of several neighborhood organizations; and as an
Executive Intern for the City of Redmond.
Elma Borbe is a strategic planner and financial policy analyst with a background in urban planning,
land use and land development. Prior to joining Berk, Elma served for lO years with the City of
Seattle in various capacities, including as a planner for the City's land use division, as a planning and
development specialist working on the City's Comprehensive Plan, and as a strategic advisor to the
Cib/'s Budget Office. She has extensive experience in designing and staffin8 stakeholder and public
meetings, and in developing communication materials to support public outreach initiatives.
BERK & ,ASSOCIATES C~5~ PAGE 3
BERK & ASSOCIATES CLIENT LIST
Public Agencies
Puget Sound Regional Council
Benton County Seattle Public Utilities
Borough of Sitka, Alaska Snohomish County
Cascade Water Alliance SNO-TRAN
Central Puget Sound Economic Sound Transit
Development District Tacoma Public Utilities
Eity of Auburn Washington State Air Transportation Commission
City of Bellevue Washington State Department of Community
City of Bothell Trade and Economic Development
Eity of Buckley Washington State Department of Ecology
City of DuPont Washington State Department of Natural
City of Edmonds Resources
City of Federal Way Washington State Department of Wildlife
City of Issaquah Washington State Department of Transportation
City of Kirldand Washington State Ferries
City of Lacey Washington State Legislative Transportation
City of Lynnwood Committee
City of Olympia Washington State Parks Commission
City of Poulsbo Washington State Transportation Commission
City of Pullman Whatcom Transit Authority
City of Redmond Woodland Park Zoo
City of Seattle Yakima Valley Council of Governments
City of SeaTac
City of Tacoma Non-Profit/Private Sector
city of University Place C I i e n ts
city of Yakima
Clallam Transit ASARCO
Foss Wate~vay Development Authority Battle Mountain Gold Company
Indiana Port Commission Christian Faith Center
Intercity Transit Downtown Seattle Association
Jefferson County Elevated Transportation Company (Monorail
Joint Legislative Audit and Review Committee Board)
King County Stadium Administration First Wellington Crown Corporation
Kin8 County International Airport Glacier Park Company
Kin8 County Department of Natural Resources Greater Seattle Chamber of Commerce
King County Department of Health Henderson Homes/Henderson Development
Kit. sap County Commission Lowe Enterprises Northwest
Kitsap Regional Coordinating Council Northwest Perennial Alliance
Major League Baseball Stadium Public Facilities District Pacific Science Center
Methow Valley Irrigation District Port Blakely Communities
Metropolitan King County Council Puget Western, Inc
METRO Quadrant Corporation
Okanogan County Roosevelt Tomorrow Neighborhood Association
Pacific County Simpson Timber Company
Pierce County Snohomish County Economic Development
Pierce Transit Council
Pike Place Market PDA Trillium Corporation
Port of Benton Union Pacific Railroad
Port of Bremerton Vulcan Northwest
Port of Edmonds Washington Association of EDCs
Port of Seattle Weyerhaeuser Real Estate Company
Port of Tacoma Woodland Park Zoological Society
BERK & ASSOCIATES 2[¢ PAGE 4
FINANCIAL AND ECONOMIC ANALYSIS
!i:' City of Seattle Water Department Cash Management Study
i':~ Analysis of the Department's cash management practices, including alternatives to improve cash flow.
.~. Accounts receivable and payable policies were evaluated; a survey of other Washington utilities was
i!~i.~r undertaken; and options for meeting short-term cash needs were analyzed. (1992)
Legislative Transportation Committee Environmental Cost Savings Study
Participation in the financial analysis portion of a Legislative Transportation Committee study of cost savings
on state transportation projects. Pilot projects related to wetland banking, multi-jurisdictional stormwater
treatments, joint vactor waste disposal siting, and maintenance facility co-location were analyzed. (1994)
'~l PARKIN~ FA¢ILI1T ANAL YSIS
Downtown Seattle Association Parking Study
Conduct of a national survey to determine downtown parking issues, financing and marketing approaches to
address downtown parking needs. (1997)
Pacific Science Center IMAX Theater Parking Garage
Financial modeling and analysis of alternative garage construction options, in support of the Science CenteFs
bond financing program. Project included presentation to the Board of Directors. (1997)
City of Seattle Department of Finance
Frederick & Nelson Parking Garage Study
Development of a pro forma cash flow model to analyze the proposed new parking garage to be constructed
in conjunction with the redevelopment of the Frederick & Nelson property. (1994)
King County Department of Stadium Administration
Kingdome Master Plan, Parking Garage Feasibility Study
Financial feasibility analysis of a 2,000-car garage to be located on the south side of the Kingdome campus.
The study estimated parking demand, and 10-year revenues and expenditures, assuming various
development scenarios. {1990)
Pike Place Market PDA Parking Garage Financial Forecast
Financial modeling and analysis of revenue and expenditure projections for the Market garage, in connection
with a bond refunding for the facility. The study projected garage utilization rates, revenues and expenditures
from 1991-200:3. (1990- 1991)
City of Auburn Downtown Parking Study
Preparation of a financial analysis of parking development options in downtown Auburn. This project included
identification of available financing mechanisms, survey of the willingness of downtown businesses to pay for
parking, analysis of the City's ability to finance additional parking and development of a finance plan. (t 995)
Seattle Center Coliseum Redevelopment
Financial analysis of a new parking facility proposed as part of the Coliseum redevelopment. Sub-tasks
included assessment of air rights development for the garage and potential revenues from marketing of
Coliseum suites and dub seats. (1992 - 1993)
BERK & ASSOCIA¥~S ~.,--~ PAGE
AGENDA BILL
BREMERTON CITY COUNCIL
1. SUBJECT: FOR AGENDA OF: October 24, 2001
Ordinance Amending Chapter 2.18 ORIGINATING DEPT: Audit Committee
of the Bremerton Municipal Code ORIGINATOR: Michael Stephenson, City Auditor
DATE SUBMITTED: October 10, 2001
2. ~jx?Inment on back if necessa~) 3. EXHIBITS:
L~:~n D. ~(~mb-s-, Interim. City Attorney Ordinance No.
FisCal & E~ag~t ~ommitt~e U
Operations Committee
ENDORSEMENT/~ INFORMATION [ ] APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL:
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
The Audit Committee has requested the attached Ordinance to amend Chapter 2.18 by including a definition
of Internal Auditing, an audit scope section and other minor changes. Internal Auditor is changed to City
Auditor to be consistent with the City Charter.
5. RECOMMENDATION:
That the City Council approve the proposed ordinance which amends Chapter 2.18 of the Bremerton
Municipal Code.
Record Motion:
Motion to approve ordinance amending Chapter 2.18 of the BMC on 1"t reading:
Pass Ordinance No. amending Chapter 2.18 of the BMC on 2® reading.
6. RESPONSIBLE OFFICIAL:
ENFORCEMENT OFFICIAL:
EXPIRATION DATE:
REVIEW DATE:
7. NOTICE OF ACTION
PULLED [] TABLED [] APPROVED [] DISAPPROVED [] AMENDED [] DATE:
COUNCIL DIRECTIVE:
S. AGENDA BILL NO.:
(OVER)
9. CLEARANCE COMMENTS:
10. IMPACT OF NON-PASSAGE:
The Audit Committee scope of work will be less definite and open to interpretation.
11. IMPACT ON STAFFING, BUDGETS~ FACILITIES~ EQUIPMENT OR OTHER RESOURCES:
The Audit Committee will have a definite charter including scope of work and operational issues.
12. RESEARCH SOURCES:
Institute of Internal Auditors "Charter Provisions"
National Association of Local Government Auditors "Guidelines and Legislation for Local Government
Auditors".
ORDINANCE NO.
AN ORDINANCE amending Chapter 2.18 Audit Committee and
IP, temai City Auditor as created in the City of Bremerton Charter,
Section 18.
THE CITY OF BREMERTON DOES HEREBY ORDAIN:
Section 1. Chapter. This chapter is hereby amended in the Bremerton Municipal Code to
read as follows:
CHAPTER 2.18 AUDIT COMMITTEE AND INTERNAL- CITY AUDITOR
2.18.010 PURPOSE.
The purpose of the Audit Committee, as provided in the Charter of the City of Bremerton, Article
III, Section 18, shall be to assure elected City officials and management that the internal
auditing of the municipality and its departments, programs and activities is performed in
accordance with standards for the practice of intemal auditing and with professional standards
of conduct. ~lntemal Auditinq is an independent, obiective assurance and consulting activity
desi.qned to add value and improve an or.qanization's operations. It helps an or.qanization
accomplish its obiectives by brin.qin.q a systematic disciplined approach to evaluate and improve
the effectiveness of risk mana.qement, control, and .qovemance processes" as defined by the
Institute of Internal Auditors.
To this end, the Committee will:
(a) Conduct annual appraisals of the ko, temai City Auditor's performance as to
effectiveness and efficiency; includin.q a comparison of planned and actual audits;
(b) Review and approve the internal audit work schedule and planned budget for the
coming year;
(c) Review results of external and internal audits, prior to release of internal audit
repo.rts, with specific attention to:
(1) restrictions
(2) cooperation received
(3) audit findings
(4) audit recommendations
,'~,
(e)J.d} Review and approve appropriate special audit requests;
(g)(e~ Review and recommend revisions to policies e~ relatinq to unethical and ille0al
procedures;
Igel~Ae4~e~ Ensure the ip, tem~ City Auditor's_ independer~c~e of management;
Meet regularly with the ~ City Auditor;
Help to assure that management is exercising due professional care.
2.18.015 Scope of Work.
Audit Committee & City Auditor. Ord
Revised I0/10/01
Page 1 ,~
The three fundamental characteristics of internal auditing function include 1) risk assessment
and control, 2) operations: effectiveness, efficiency, and improvement, and 3) compliance with
laws, regulations, and contracts.
The scope of internal auditing will include but not be limited too:
(a) Assurance Services - traditional audits, investigations and testing, performance
evaluation, limited assurance.
(b) Consulting and operations improvement services - Business process reviews,
internal control education and other traininq as requested and approved by Audit Committee,
and self-assessments reviews.
(c) Ethics Compliance reviews per BMC 2.96 and compliance with all applicable
Federal, State and local laws and regulations.
(d) Serve as a liaison between external auditors to assure audit coordination.
2.18,020 MEMBERSHIP.
There shall be an Auditing Committee consisting of two Council members and an independent
Certified Public Accountant to be designated by Council, and two Bremerton residents selected
by the designated members of the Audit Committee. The City Council may designate by
majority vote one alternate member to serve in the absence of either or both of the appointed
Council Members.
The Audit Committee shall appoint the City Auditor to serve at the pleasure of the Audit
Committee. The City Auditor shall only be removed by the majority vote of the entire
membership of the Committee sitting as a whole.
In order to foster continuity, durin.q the first meeting in January, the Committee shall elect one of
thc c!cc*.cd Ccu,",c!! it_~s members as Chairman to serve a term of one (1) year. The Chairman
will conduct the order of business at meetings, coordinate communications of the committee,
and perform other duties as specified by the Committee.
2.18.030 TERM.
Audit Committee members shall serve terms as follows:
(a) The two Bremerton residents selected by the other members of the Audit Committee
shall serve three (3) year terms. The first two appointments, shall be made as follows: one
currently sitting resident (Citizen Position #1) shall expire on December 31, 2000; and the
second currently sitting resident (Citizen Position #2) shall expire on December 31, 2001. At the
expiration anniversary date of each term, a resident appointee shall be appointed for a three (3)
year term thereafter. Residents may be appointed to an unlimited number of terms.
(b) The Council members appointed by the Council shall serve for a term up to the
unexpired term of their current elected office, and may be re-appointed during successive terms
of elected office.
(c) The independent Certified Public Accountant selected by Council shall serve a
three (3) year term, which shall expire on December 31, 2002, and may be re~-appointed for an
unlimited number of terms.
The h:~emal City Auditor shall be a permanent ex-officio member of the Audit Committee.
Audit Committee & City Auditor. Ord
Revised 10/10/01
Page2 3(
In the event that any member does not serve a full term, either by resignation or removal, a
replacement shall be selected by the original appointing authority to serve the remainder of the
term.
2.18.040 VOTING 8, CONFLICT OF INTI:REST.
Decisions of the Committee shall be by majority vote of the members in attendance except that
if a tie vote occurs the Internal City Auditor may cast a tie-breaking vote, A Committee member
may abstain from voting at will or may be requested by Committee consensus to abstain from
voting on issues that are sensitive to that member's area of control or influence.
When a department which is directly represented by an Audit Committee member is the subject
of a particular audit, that member of the Committee will be excluded from participating in that
portion of the Audit Committee agenda affecting that department and will also be prohibited from
being present during any Audit Committee discussion of that audit, whether it concerns the
interim report, scope or final release of a report.
There shall be no voting by proxy except that any member who will be absent may prepare a
written statement of position to the Chairman in advance of any meeting to be read to the
members present during that meeting.
2.18.050 MEETINGS.
The Audit Committee shall meet on the second Thursday of each month. Audit Committee
meetings shall commence at 4:00 p.m. in the City Council Conference Room. In the event the
regularly scheduled meeting falls on a holiday, the Audit Committee shall meet on the third
Thursday of the month. By maiority vote, and.upon notice to the public, a different time or date
or place of a regularly scheduled meeting may be designated by the Committee.
2.18.060 REPORTING.
The Audit Committee shall issue periodic reports to the City Council and
Mayor and will advise ~ City Council and Mayor at any time and on any issue that
the Committee deems essential for the effective performance of duties and decisions by them,
provided that::
(a) The Committee and the parties will comply with Titles 42.17 (Public Disclosure
Laws) "'"'~ '~ ~n RCW (Open ~A,,,.,;,,,.,~ p.~).
(b) The Committee shall present to the Council and the City Mayor, on a yearly
basis, the h:~emai City Auditor's summary of audits performed, reported upon, and responded to
by management.
The tatemal City Auditor shall report administratively and functionally to the Audit Committee. In
carrying out duties and responsibilities, the IRtema~ Cj.ty Auditor shall have full, free and
unrestricted access to all City activities, records, property and personnel.
The ~ City Auditor will advise the Audit Committee, at regular meetings and upon request,
of the audit work anticipated, scheduled and/or performed. To this end:
(a) The ~ City Auditor shall prepare projected schedules for each quarter with
the underlying, proposed objective statement and scope of audit work for each audit, for
Committee review and approval.
Audit Committee & City Auditor. Ord
Revised 10/10/01
Page3
(b) The ln~mqai City Auditor may discuss audit objectives with the Audit Committee
and relevant management before the start date of an audit and as needed.
(c) The ~ City Auditor may discuss audit findings with the appropriate
management during the course of an audit and with the Committee as deemed necessary.
However, Audit Committee reserves the privilege of reviewing wdtten reports to the auditees
before such reports are issued and routed, provided, that the review privilege shall not exceed
five (5) days from report completion. Distribution will then be to the Mayor, City Council,
Treasurer and responsible department head, and to others as directed by the Audit Committee.
A public copy will be maintained in the City Council Office.
(d) All responses to audit reports shall be to the IP~er-Ral City Auditor in writing and
within twenty (20) working days. Both the report and response shall be submitted to the Council
through the Audit Committee in a timely manner.
(e) Upon official submittal to the Council, the report and response will no longer be
exempt from public disclosure.
(f) The ~ City Auditor will ensure adequate and appropriate auditee response
to audit findings through follow-up and will update summaries accordingly.
2.18.070 CONFIDENTIALITY.
All employees and the auditee involved in an investigation by the ~ City Auditor are
subject to strict confidentiality.
In order to protect the integrity of the Internal Audit function, members of the Audit Committee
will be held to a strict standard of confidentiality. Strict confidentiality will be maintained for any
communication between the ~ City Auditor and Committee members or between
individual Committee members, regardless of whether the communication is generated during
an Audit Committee meeting.
It is further understood that the IP, temal Cib/Auditor is to retain all confidences obtained from
managers during performance of an audit. The IRtemal City Auditor will communicate
confidences obtained during an audit at the time a report is presented to the Audit Committee if
such information is significant to the report conclusions and findings, or if it is relevant and
necessary to a request of the Committee to change the scope of an audit or to discontinue a
particular audit.
Confidences, which relate to illegal activities, shall be immediately communicated to the City
Attorney and/or State Auditor.
2.18.080 REMOVAL.
The Audit Committee may request the removal of a member by majority vote of the entire
membership of the Committee sitting as a whole, to the appointing authority of that member.
2.18.090 PROCEDURES.
The Audit Committee and the h:k~mal City Auditor may adopt such policies, procedures, and
directives as are necessary to fulfill the purposes of their functions. Proposed policies,
procedures and directives shall be presented to the Audit Committee during a meeting open to
Audit Committee & City Auditor. Ord
Revised 10/10/01
Page4 535
the public, and may be approved upon a majority vote of the Audit Committee. Copies shall be
maintained in the City Council Office.
Section 2. Effective Date. This Ordinance shall take effect ten (10) days after passage and
publication.
APPROVED by the City Council of the City of Bmmerton this ~ day of
, 2001.
PASSED by the City Council of the City of Bremerton this day of
,2001.
JOHN LAW, Council President
APPROVED this day of , 2001.
LYNN S. HORTON, Mayor
ATTEST:
KATHLEEN L. McCLUSKEY, City Clerk
Audit Committee & City Auditor. Ord
Revised I O/10/01
Page5 ~q
AGENDA BILL
BREMERTON CITY COUNCIL
1. SUBJECT: PUBLIC HEARING REGARDING FOR AGENDA OF: October 24, 2001
MITIGATION ALTERNATIVES FOR FEMA ORIGINATING DEPT: Public Works & Utils
SECTION 404 GRANT ORIGINATOR: J. Strehler, City Eng.
DATE SUBMITTED: October 18, 2001
2. CLI~ARAJqCE~ (Comment on back 3. EXHIBITS:
1. Presentation Slides of Alternatives
Director of Public ~tilities
HEARD ON 10/17/01
C~Euncil Fiscal & Budget Committee ARD ON 10/17/01
Council Operations Committee
ENDORSEMENT~INFORMATION [] APPROVED BY COUNCI~L~Ri~SID~I~I¢ FOR SUBMITTAL:
;,
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
As a result of the Nisqually Earthquake that occurred in February of this year, FEMA Section 404 Grant money is
available to mitigate areas of seismic vulnerability. Staff are currently completing applications for various seismic
upgrade projects under this program which has been designated FEMA-1361-DR-WA-Nisqually Earthquake 2001.
FEMA regulations require that the alternatives be presented at a public meeting to allow input from the public on the
preferred alternative. No Council Action is required for this item.
5. RECOMMENDATION:
9. RESPONSIBLE OFFICIAL: Director Pub Wks & Util
ENFORCEMENT OFFICIAL: Director Pub Wks & Util
EXPIRATION DATE:
REVIEW DATE:
10. NOTICE OF ACTION
PULLED Il TABLED [1 APPROVED H DISAPPROVED Il AMENDED [l
COUNCIL DIRECTIVE: /2A
AGENDA BILL: #01-147
35
2. CLEARANCE COMMENTS:
5. IMPACT ON NON-PASSAGE:
6. IMPACT ON STAFFING~ BUDGETS~ FACILITIES~ EQUIPMENT AND OTHER RESOURCES:
7. RESEARCH SOURCES:
The Criminal Justice Facility is included in the CIP.
WATER RESERVOIRS - SEISMIC RESTRAINT
Proposed Alternative: Install seismic anchor restraint for 6 at-grade reservoirs.
Retrofit Reservoir No. 6 with seismic dampeners.
Cost is approximately $1,120,000
Second Alternative: Stabilize the 6 at-grade reservoirs by installing reinforced
concrete mats inside the reservoirs. Retrofit Reservoir No. 6
with seismic dampeners
Cost is approximately $780,000
No Action Alternative: Do nothing
CRIMINAL JUSTICE FACILITY KEPLACEMENT
Proposed Alternative: Purchase existing building and renovate
Cost is approximately $4,400,000
Second Alternative: Purchase property and build new building
Cost is approximately $5,700,000
No Action Alternative: Do nothing