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HomeMy WebLinkAbout09/17/03 AGENDA FILE 239 4th Slree! · Brernerfon, WA 98337 · Phone [360) 478-5280 · Fax (360) 478-5251 CITY COUNCIL MEETING AGENDA SEPTEMBER 17, 2003 1. PRE-COUNCIL STUDY SESSION: 5:00 - 5:30 P.M. in Council Conference Room A. General Council Business 2. CALL TO ORDER: 5:30 P.M. in Council Chambers A. Pledge of Allegiance B. Invocation 3. CONSENT AGENDA A. Minutes of Meeting -September 10, 2003 (#AB03-174) B. Professional Services Agreement for Forest Management Assessment & Planning /',~ Strategy with the UNIVERSITY OF WASHINGTON (#AB03-175) C. Office of Community Oriented Policing Services (COPS) Universal Hiring Program c~{ (UHP) 2003 Grant Award (#AB03-176) 4. CLAIMS/CHECK REGISTERS 5. COUNCIL MEMBER REPORTS 6. MAYOR'S REPORT 7. PUBLIC RECOGNITION - Comments limited to 3-minutes 8. NEW BUSINESS A. Lease with PORT ORCHARD SAND & GRAVEL to Remove Gravel (#AB03-177) c~'7 B. FY 2003 U.S. Department of Justice Local Law Enforcement Block Grant (LLEBG) 3'7 (#AB03-178) 9. PUBLIC HEARINGS - ORDINANCES & RESOLUTIONS A. Ordinance No. 4868 [Second Reading] amending Chapter 2.76 of the Bremerton Municipal Code to establish a System for the ISSUANCE, USE AND CONTROL OF '~O CREDIT/PURCHASE CARDS (#AB03-171 ) B. Ordinance No. 4869 [Second Reading] amending Rate Table A of Chapter 3.01 of the Bremerton Municipal Code relating to UTILITY/LIEN SEARCH FEES (#AB03-172) C. Ordinance [First Reading] relating to Westpark Development (#AB03-179) 10. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING E-mail: citycouncil@ci.bremerton.wa.us · Web: www.ci.bremerton.wa.us DATE SUBMITTED: September l l, 2003 BILL ~ ~5.~- AGENDA BILL CITY OF BREMERTON 3 A CITY COUNCIL SUBJECT: Minutes of Meeting - Committee Meeting Date: N/A September 10, 2003 COUNCIL MEETING Date: September 17, 2003 Department: City Council Presenter: Carol Arends Phone: (360) 473-5280 SUMMARY: Attached are the minutes for the Council Meeting held September 10, 2003. ATTACHMENTS: Minutes for September 10, 2003 FISCAL IMPACTS (Include Budgeted Amount): 0 APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: FISCAL/BUDGET: CONSENT AGENDA [] OPERATIONS: COUNCIL PRESIDENT: RECOMMENDED MOTION: Move to pass the Consent Agenda as presented. COUNCIL ACTION: [] Approve [] Deny [] Table ] [] Continue [] No Action TAPE #1911 CITY COUNCIL MEETING MINUTES September 10, 2003 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, September 10, 2003, at 5:30 P.M., with Council President Carol Arends presiding. Council members present were Mike Short, Will Maupin, Eric Younger, Daren Nygren, Cecil McConnell, and Wayne Olsen. Council members absent were Mike Shepherd and Ed Rollman. Also present were City Attorney Roger Lubovich; Deputy City Clerk Paula Johnston; and Legislative Assistant Lori Smith. The meeting opened with the Pledge of Allegiance led by Council Member Cecil McConn®ll, followed by the invocation provided by Pastor Butch Hall of Kitsap Lake Baptist Church. President Arends made the following announcements: 1. A Pre-Council session was held in the Council Conference Room to discuss updates to the meeting agenda; and noted that an additional item (3D) was added to the CONSENT AGENDA. CONSENT AGENDA A. Minutes of Meeting - August 20, 2003 (#AB03-167) B. Minutes of Meeting - August 27, 2003 (#AB03-168) C. Acceptance of Bid from CUES for the purchase of a Sewer Line CCTV Inspection System (#AB03-169) D. Office Furniture Systems Purchase from State Contract 02898 for Furnishing the new Special Operations Group Building (#AB03-173) #0005 M/S/CIU (McConnell/Olsen) Move to approve Consent Agenda as presented. CLAIMS & CHECK REGISTERS Vouchers audited and certified by the auditing officer as required by RCW 42.24.080, and those expense reimbursement claims certified as required by RCW 42.24.090 have been recorded on a listing that had been made available to the Council. #0045 M/S/C/U (McConnell/Olsen) On September 10, 2003, the Council approved payment for Check Numbers 283156 through 284198; P7829; P7832; P7835; P7846; and EFT7820 through EFT7847 in the total amount of $4,821,832.30; Regular Payroll for the pay period ending August 31, 2003 in the amount of $1,113.402.72; and Retiree Payroll for the pay period ending August 31, 2003 in the amount of $216,470.55. COUNCIL MEMBER REPORTS Mike Short thanked all of the citizens who attended the combined Districts 6, 7, 8, & 9 Neighborhood meeting two weeks ago on August 28 to provide their input on the "Pedestrian BTC Access Improvement" proposals, which were presented by Gene Sampley and Gary Sexton. He also reported on his attendance at meetings with KRCC, the Kitsap County Board of Health, the CenCom Policy Board, and the Emergency Management Committee. Will Maupin also thanked the citizens for attending the combined Districts 6, 7, 8, & 9 Neighborhood meeting, and added that all comments and questions will be considered. He reported that he too attended many of the same meetings previously noted by Council member Short, in addition to the Kitsap Transit Board meeting and several "First Friday" events. TAPE #1911 City Council Reg. Mtg. Minutes September 10, 2003 Page 2 of 4 Eric Younger repoded that a representative from Congressman Norm Dicks' office met with several residents from the Anderson Cove area to discuss neighborhood concerns; and that a City Council Study Session was also held with representatives from the Bremerton Housing Authority, where he was able to address additional Anderson Cove issues. Mr. Lubovich confirmed that tax credit designations for Anderson Cove would now be included in the draft ordinance, which means investment dollars can be leveraged into Anderson Cove. Lastly, he also congratulated Ed & Pranvera on the birth of their baby boy on Monday morning. Daren Ny~ren announced that the next District 3 Neighborhood meeting has been rescheduled from September 23 to September 30 to possibly discuss the "Passenger Only Ferry Initiative"; and also invited the public to attend a "Harvest Festival" sponsored by the Bremerton Food Line and BUGS (Bremerton Urban Garden Society) on Saturda,~, September 20th from 2:00 to 4:00 P.M. at the Bremerton Food Line office located at 1600 12"' Street near Olympic College. Wayne Olsen congratulated Ed & Pranvera Rollman on the birth of their baby boy; and reported that he, along with Council President Arends, attended the Open House to see the completion of renovations at the Bremerton Senior Center and Glenn Jarstad Aquatic Center. Carol Arends commented that she attended many of the meetings previously reported on by her fellow Council members, including the Open House at the Bremedon Senior Center and Glenn Jarstad Aquatic Center; in addition to also attending the Public Facilities Distdct meeting on Monday where the official name for the new Conference Center was announced. MAYOR'S REPORT - Mayor Bozeman .... · Thanked the Rotary Club for the $34,000 check they presented to Jim Spencer of the Parks Department, which completes their $100,000 commitment to Evergreen Park; · Thanked U.S. Senator Maria Cantwell for the $250,000 in federal funding she secured to assist in the City of Bremerton's Waterfront Revitalization Project; · Noted that construction will begin in early November for the "Gateway-to-the-Missouri- Gate" project, and that it may affect traffic for awhile; - Discussed the large number of development projects currently in progress; · Invited to public to free City Jazz Concert to be held at Evergreen Park on Saturday, September 13, 2003 from 5:00 to 7:00 P.M.; and · Announced the new name for the waterfront development project will be BREMERTON HARBORSIDE and the convention center will be called E~REMERTON HARBORSIDE · KITSAP CONFERENCE CENTER. PUBLIC RECOGNITION Allen Shute thanked the City Council for the questions they asked during their meeting of the Committees last night; and encouraged citizens to attend the next "Shaping Bremerton" Study Session to be held Tuesday, September 16 at 5:30 P.M. in the Council Chambers E.L. Sturdivant expressed his concern that the City is not paying attention to the "voice of the people" regarding the proposed tunnel; and was also concerned about the poor condition of City streets. Mr. McConnell. responded that another District 1 & 2 Town meeting would be held October 23 to allow the public additional time to present their opinions and ask questions. TAPE #1911 City Council Reg. Mtg. Minutes September 10, 2003 Page 3 of 4 Sherill (Sheri) D. Rose read a poem "Bremerton Beckons"that she wrote to honor the City of Bremerton; and also presented a plaque titled "Exceptional Rules" in remembrance of 9-11. 8A - UTILITY AND LIEN INFORMATION ACCESS SERVICES AGREEMENT WITH WEBCHECK, INC. (#AB03-170): Michael Wilson, Finance Director, emphasized that this proposed agreement will provide the City of Bremerton an electronic service for accessing lien and utility information for the benefit of title insurance and escrow companies. This service will improve efficiency with which utility and lien information is exchanged between the City of Bremerton and title insurance and escrow companies while generating a new source of revenue for the City's General Fund for this search service. There were no comments from the public. #1175 MISlCIU (Short/McConnell) Move to approve the Utility and Lien Access Services Agreement with WEBCHECK, INC. and authorize the Mayor to sign the agreement. 9A- PUBLIC HEARING AND ORDINANCE NO. 4866 [SECOND READING] AMENDING TITLE 7 RELATING TO ANIMAL CONTROL (#AB03-164}: First reading of this ordinance was heard on August 27, 2003. There were no comments from the public. #1215 MISlCIU (McConnell/Olsen) Move to pass Ordinance No. 4866 on second reading. 9B - PUBLIC HEARING AND ORDINANCE NO. 4867 [SECOND READING] AMENDING CHAPTER 2,05 OF THE BREMERTON MUNICIPAL CODE RELATING TO APPOINTMENT AND CONFIRMATION OF DEPARTMENT DIRECTORS (#AB03-165): First reading of this ordinance was heard on August 27, 2003. There were no comments from the public. #1260 MISlCIU (Olsen/McConnell) Move to pass Ordinance No. 4867 on second reading. 9C - PUBLIC HEARING AND ORDINANCE [FIRST READING] AMENDING CHAPTER 2.76 OF THE BREMERTON MUNICIPAL CODE AND ESTABLISHING A SYSTEM FOR THE ISSUANCE~ USE~ AND CONTROL OF CREDITIPURCHASE CARDS (#AB03-171): Michael Wilson, Finance Director, proposed that the City Council authorize the Mayor and Finance Director to implement and maintain an internal operating system for the distribution, authorization and control of credit/purchase cards issued to and for the benefit of the City and used by City employees and officials. The use of credit/purchase cards is a customary and economical business practice to improve cash management, reduce costs, and increase efficiency in how departments conduct their daily business. Allen Shute offered his observations from the discussions that took place on this item at the Committee meeting, and clarified that this item was to add a "check and balance" system. #1600 MISICIU (Short/Maupin) Move to approve an ordinance on first reading, relating to adopting a system for the issuance, use and control of credit/purchase cards by City officials and employees, and amending Chapter 2.76 of the Bremerton Municipal Code. TAPE #1911 City Council Reg. Mtg. Minutes September 10, 2003 Page 4 of 4 9D - PUBLIC HEARING AND ORDINANCE ]FIRST READING] AMENDING RATE TABLI~ A OF CHAPTER 3.0t OF THE BREMERTON MUNICIPAL CODE RELATING TO UTILITYlUEN SEARCH FEES (#AB03-172): Michael Wilson, Finance Director, explained that in order to implement the agreement with WEBCHECK, INC. to provide electronic service for accessing lien and utility information for title and escrow companies, a search fee needs to be established by ordinance. It is recommended that the fee be set at $30 per search of each parcel requested. There were no comments from the public. #1705 M/S/C/U (Short/McConnell) Move to approve an ordinance on first reading, amending Rate Table "A" of Chapter 3,01 of the Bremerton Municipal Code to include a utility/lien search fee. With no further business, the regular meeting of the City Council was adjourned at 6:30 P.M. Prepared and Submitted by: LORI SMITH Legislative Assistant Attest: PAULA JOHNSTON, Deputy City Clerk CAROL ARENDS, City Council President City of Bremerton CA/PJ/Is/cge DATE SUBMITTED: 9/3/03 BILL AGENDA BILL CITY OF BREMERTON CITY COUNCIL ~B SUBJECT: Forest Management Committee Meeting Date: September 9, 2003 Assessment & Planning Strategy PSA COUNCIL MEETING Date: September 17, 2003 Department: Public Works/Utilities Presenter: Bill McKinney Phone: ext. 5354 SUM~MARY: Regulatory requirements for timber harvest and market conditions for timber products have changed since completion of the Utility Land and Forest Management Plans in 1995. To effectively manage the Water Utility's forest resources, it is necessary to evaluate the impacts of these changes, review best management practices, and accurately calculate sustainable harvest levels for the future. The University of Washingtun's Rural Technology Institute will provide the Water Utility with current management evaluation, stand growth calculations, alternative models, and market potentials. This project will update the 1995 plans and provide guidance for future harvest and management activities. Staff recommends approval of the attached agreement. ATTACHMENTS: Professional Services Agreement FISCAL IMPACTS (Include Budgeted Amount): $65,000 within Utility Budget for 2003-04 APPROVALS: FISCAL/BUDGET: OPERATIONS: RECOMMENDED MOTION: That the City Council approve the Professional Services Agreement for Forest Management Assessment and Planning Strategy and authorize the Mayor to finalize and execute the agreement with the Universtiy of Washington for an amount not to exceed $65,000. COUNCIL ACTION: [] A4~prove [] Deny [] Table [] COnUnue [] No Action PROFESSIONAL SERVICES AGREEMENT Forest Management Assessment and Planning Strategy The City of Bremerton ("City") and the University of Washington, College of Forest Resoumes, Rural Technology Initiative ("Consultant"), referred to collectively as the "Parties," enter into the following Agreement for professional services: I. Scope: The Consultant agrees to perform the services more specifically described in the Scope of Work, dated March 12, 2003, including any attachments thereto, attached hereto as Exhibit A, which is incorporated by reference herein. The Scope of Work may be modified only pursuant to Section VII.H. of this Agreement. If the Scope of Work provides for unspecified additional services such services shall only be performed upon the express written request of the City. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time such services are performed. II. Term: The City and the Consultant agree that work will begin on the tasks described in Exhibit A immediately upon execution of this Agreement. The parties agree that the work described in Exhibit A is to be completed by December 31, 2004; provided however, that additional time shall be granted by the City for excusable delays or extra work as provided for in section IX (A) of this agreement. III. Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Consultant in an amount not to exceed $65,000. Consultant's charges and bills shall conform to the fee schedule attached hereto as Exhibit B and incorporated herein by this reference. The Consultant shall submit regular billing statements detailing work performed and amount charged on each task or portion thereof. The descriptions shall conform to and fall within the categories set out in the Scope of Work and/or Fee Schedule. Upon receipt of a conforming billing statement, the City shall promptly process payment. PROVIDED, HOWEVER, the City reserves the right to prioritize scoped work and accelerate and/or delay work tasks under the time frame set forth in Section II herein. The Consultant's labor rates and billing fees shall be as delineated in Exhibit B. Consultant shall not perform work beyond the Scope of Work, nor shall be compensated for such work, unless the Scope of Work or amount of compensation is modified pursuant to this Agreement. Consultant shall only be compensated for additional services if requested pursuant to Section I and, if not otherwise provided, such compensation shall be in accordance with Exhibit B. If a billing statement does not conform to this Agreement, the City may withhold payment until the statement is brought into compliance. Such withholding does not relieve Consultant of its obligations under this Agreement. UW PSA 1 9/5/2003 7 IV. Relationship of Parties: Consultant represents that it is skilled in the matters addressed in the Scope of Work and is performing independent functions and responsibilities within its field of expertise. Consultant and its personnel are independent Consultants and not employees of the City. Consultant and its personnel have no authority to bind the City or to control the City's employees and other Consultants. None of the benefits provided by the City to its employees, including, but not limited to, compensation, insurance, and unemployment insurance are available from the City to the employees, agents, representatives, or sub-Consultants of the Consultant. Consultant will be solely and entirely responsible for its acts and for the acts of Consultant's agents, employees, representatives and sub-Consultants during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent Consultants to perform the same or similar work. As an independent Consultant, Consultant is responsible for its own management. The City's administration and enforcement of this Agreement shall not be deemed an exercise of managerial control over Consultant or its personnel. As an independent Consultant, Consultant is responsible for payment of all taxes and licensing fees necessary to perform its obligations under this Agreement. These taxes and fees include but are not limited to State industrial insurance, Business & Occupation, State professional licensing, and City business licensing. If any taxes or fees due the City have been declared delinquent, the City may withhold the delinquent amount, plus any additional charges arising from the delinquency, from any payments due Consultant. V. Indemnification: The Consultant shall perform the work under this agreement as an independent contractor. Each party to this agreement agrees to indemnify and to hold harmless the other party from damage to persons or property resulting from negligence on the part of itself, its employees, its agents, or its officers. Neither party assumes any responsibility to the other party for the consequences of any act or omission of any person, firm or corporation not a party to this agreement. VI. Insurance: The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees, sub-consultants or sub-Consultants. Before beginning work on the project described in this Agreement, the Consultant shall provide a Certificate of Insurance evidencing: 1. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 2. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed UW PSA 2 9/5/2003 operations/broad form property damage; explosion, collapse and underground (XCU) if applicable; and employer's liability; and 3. Excess Liability insurance with limits not less than 1,000,000 limit per occurrence and aggregate. 4. Professional Liability insurance with limits no less than $1,000,000 limit per occurrence/claim. Any payment of deductible or self insured retention shall be the sole responsibility of the Consultant. All required policies shall be provided on an "occurrence" basis except professional liability insurance (if required), which may be provided on a "claims-made" basis. The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Consultant and a copy of an endorsement that is acceptable to the City, which names the City as an additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all the required insurance policies and endorsements. The City further reserves the right to reject any unacceptable policies and/or endorsements. The Consultant's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. The Consultant's insurance shall be primary insurance as respects the City and the City shall be given thirty (30) days prior written notice by certified mail, retum receipt requested, of any cancellation, suspension or material change in coverage. The City also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage. VII. General Conditions: A. Reports and Information: When requested by the City, Consultant shall furnish periodic reports and documents on matters covered by this Agreement. The reports and documents shall be furnished in the time and form requested. Consultant shall maintain accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to substantiate all billed amounts. B. Ownership and Use ofRecords and Documents: Originaldocuments, drawings, designs and reports, including those in electronic format, developed under this Agreement are the property of the City. All written information submitted by the City to UW PSA 3 9/5/2003 the Consultant in connection with the services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at least the same extent as the Consultant safeguards like information relating to its own business. If such information is publicly available or is already in Consultant's possession or known to it, or is rightfully obtained by the Consultant from third parties, Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise. All data, documents and files created by Consultant under this Agreement may be stored at Consultant's office in Seattle, Washington. Consultant shall make such data, documents, and files available to thc City upon its request at all reasonable times lbr the purpose of editing, modifying and updating as necessary until such time as the City is capable of storing such information in the City's offices. Duplicate copies of this information shall be provided to the City upon its request, and at reasonable cost. All documents, including all reports, drawings, specifications, computer software or other items prepared or furnished by Consultant pursuant to this Agreement, are instruments of service with respect to the project and are the property of the City. Any reuse by the City for other than the specific purpose intended will be at City's sole risk. The Consultant (UW) will be free to publish the results of research under this agreement, after providing a copy of the proposed publication to the City. Title to and the right to determine the disposition of any copyrights, or copyrightable materials, first produced or composed in the performance of this research, shall remain with the Consultant (UW), provided that the Consultant (UW) shall grant the City an irrevocable, copyright-free, nonexclusive right to produce, translate and use all such copyrighted material for its own purposes. C. Consultant to Maintain Records to Support Independent Consultant Status: On the effective date of this Agreement (or shortly thereafter), Consultant shall: 1. File a schedule of expenses with the Intemal Revenue Service for the type of business Consultant conducts; 2. Establish an account with the Washington State Department of Revenue and other necessary state agencies for the payment of all state taxes normally paid by employers, register to receive a unified business identifier number from the State of Washington; and 3. Maintain a separate set of books and records that reflect all items of income and expenses of Consultant's business, all as described in the Revised Code of Washington (RCW) Section 51.08.195, as required to show that the services performed by Consultant under this Agreement shall not give rise to an employer-employee relationship between the parties which is subject to RCW Title 51, Industrial Insurance. UW PSA 4 9/5/2003 lc, D. Work Performed at Consultant's Risk: Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and sub consultants in the performance of the work hereunder and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. E. Place of Work: The Consultant shall perform the work authorized under this Agreement at its offices in Seattle, Washington. Meetings with the City staff as described in Exhibit A, Scope of Work, shall take place at the City's offices, or at locations mutually agreed upon by the parties. F. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. G. Severability: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. H. Modification: This Agreement may only be modified by written instrument signed by both Parties. I. Written Notices: All communications regarding this Agreement shall be sent to the parties at the addresses listed below by registered or 1 st class mail, or by personal service, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. City Address Consultant Address Forestry Manager Project Coordinator Bremerton Public Works & Utilities Rural Technology Initiative 3027 Olympus Drive College of Forest Resources Bremerton, WA 98310 Box 352100 Seattle, WA 98195-2100 J. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power. K. Non-Waiver of Breach: The failure of the City to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein conferred in one or more instances shall not be construed to be a waiver or relinquishment of said covenants, agreements or options, and the same shall be and remain in full force and effect. L. Compliance with Laws: Consultant shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. UW PSA 5 9/5/2003 l( M. Choice of Law and Venue: This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. N. Attorneys' Fees: In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attomey's fees. O. Assignment: Any assignment of this agreement by the Contractor without the written consent of the City shall be void. VIII. Nondiscrimination: Consultant shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status, or disability, except for employment actions based on bona fide occupational qualification. IX. Termination: This Agreement may be terminated, at will, by either Party upon sixty (60) days notice to the other Party. This Agreement may be immediately terminated for cause by a Party if the other Party substantially fails to perform through no fault of the terminating Party, and the non-performing Party does not commence correction of the failure of performance within thirty (30) days of the terminating Party's sending notice to the non-performing Party. Notice by Consultant shall include a report showing the status of all items listed in the Scope of Work current through the termination date. If the City receives reimbursement by any federal, state, or other source for work described in Section I herein, and that funding is withdrawn, reduced or limited in any way, or the project is cancelled or substantially reduced after the execution date of this Agreement and prior to the completion of the work, the City may summarily terminate this Agreement. Termination shall be effective ten calendar days after Consultant's receipt of the written notice by certified mail. A. Excusable Delays: The right of Consultant to proceed shall not be terminated nor shall Consultant be charged with liquidated damages for any delays in the completion of the work due to: 1) any acts of the federal govermnent in controlling, restricting, or requisitioning materials, equipment, tools, or labor by reason of war, national defense, or other national emergency; 2) any acts of the City, its consultants, or other public agencies causing such delay; and 3) causes not reasonably foreseeable by the parties at the time of the execution of the Agreement that are beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God, fires, floods, strikes, or weather of unusual severity. PROVIDED, HOWEVER, that the Consultant must promptly notify the City within ten (10) calendar days in writing of the cause of the delay. If, on the basis of the facts and the terms of this Agreement, the delay is properly excusable, the City shall, in writing, extend the time for completing the work for a period of time commensurate with the period of excusable delay. B. Right Upon Termination: In the event of termination, the City shall pay for all services by the Consultant to the effective date of termination, as described on a final invoice submitted to the City. After termination, the City may take possession of all records and UW PSA 6 9/5/2003 data within the Consultant's possession pertaining to this project which may be used by the City without restriction. Any such use not related to the project which Consultant was contracted to perform shall be without liability or legal exposure to the Consultant. CITY OF BREMERTON CONSULTANT By: By: Cary Bozeman, Mayor Date: Date: Departmental Approval W. Eugene Sampley, Director Public Works & Utilities Approved as to form: Attest: Bremerton City Attorney City Clerk UW PSA 7 9/5/2003 EXl~BIT A Scope of Work for Forest Management Assessment and Planning Strategy The objective of this agreement is to provide Bremerton Public Works & Utilities (PW&U) with accurate forest stand information to maximize water protection, revenue production, and water production within the specified constraints for the duration of the planning period. Primary constraints include, but are not limited to: Surface Water Treatment Rule (SWTR); Forest Practices Regulations; and sustained yield harvest principals. This information is intended to update and supplement constraints and information contained in the December 1996 Utility and Forest Land Management Plans. Abstract The objective of the attached proposal is to provide Bremerton Public Works and Utilities (PW&U) with accurate forest stand information to best manage the forest resource on a sustainable basis for water protection, revenue production, and water production within specified constraints into the future. The University of Washington, College of Forest Resources, Rural Technology Initiative (RTI) will use forest inventory, geographical, historical, and other information as data inputs for the Landscape Management Syste~ (LMS©), a publicly available forestry soft.ware program, and AroView~, a proprietary Geographical Information System (GIS) program, in collaboration with the PW&U Forestry Division and other consultants, to create an assessment of current and future conditions on Water Utility forestlands under different management approaches. Alternative approaches to meeting the multiple-use goals of PW&U for these forestlands will be developed and evaluated on a temporal and spatial basis using a combination of ecological and economic models. A report on comparisons of alternate management approaches will result and be provided to PW&U. The report will include estimates of sustainable harvest volumes as well as other pertinent metrics of forest resource analysis asseeiated with PW&U management goals. RTI will also train PW&U personnel in the use of LMS and provide the PW&U Forester copies of the LMS software as well as electronic versions of all data and mapping capabilities generated fi.om this project. The planning horizon wilt be 50 years developed in 5-year management cycles. Background The Bremerton Water Utility owns 8,186 acres of land in Kitsap County that were originally purchased and are managed to protect and enhance the water quality and resource for public water supply. Most of this Water Utility land is located within the contiguous ownership of 7,660 acres. The major drainages within these lands are the Union River, and Gorst Creek. The City prepared a comprehensive Plan to manage these lands in 1986 and an update to the Plan in 1996. As part of the 1996 planning effort, a field inventory of forast resources was conducted and digital mapping capability, through the use of GIS, was established. An examination of the 1996 field inventory data indicates that the Utility has 7,108 acres of land in forest. The soils and climate are conducive to production of timber resources. In 1996, the average site index fi.om King Site Index (King, 1966) was determined to be 106, which is a medium site class I11. The slope of the land ranges from 0 to 60% with predominant south and southwest facing slopes. Of paramount concern to the City of Bremerton PW&U is the continued high quality of its surfaco water resources. The Water Utility operates the Union River Reservoir as an unfiltered surface water supply that provides for 60% of customer water use. The remaining 40% is taken fi.om 12 wells located on Utility lands UW PSA 8 7/16/2003 outside of the Union River Basin. To continue to operate as an unfiltered soume, the Water Utility must maintain source water quality as defined by a number of state and federal regulations. In 1996, the Utility Land Management Plan estimated, that if water quality declined below required surface water standards, the PW&U could be required under law to build a filtration plant. The estimated costs of a filtration plant at that time were $12 million for construction and $1.3 million annually in operation and maintenance costs. Timber harvest activities provide the PW&U with substantial revenues ($1-1.5 million annually) that are dedicated primarily to reduction of Utility operating expenses. The result is considerable ratepayer savings. Logging activities conducted in the Union River Basin, however, may be limited to insure adequate protection of the unfiltered stares of the Union River water source. The forest management term used most oRen to refer to an individual management unit or area is stand. Forest stands may be as small as less than an acre or as big as several hundred acres. For GIS purposes, stands may be referred to as polygons. When developing management plans for forested landscapes, the characteristics of multiple stands must be considered. The majority of the forestland base is covered with second growth forest (96%) with an average age of 50 years. These forests were naturally regenerated as a result of a combination of logging and fire activity. Douglas-fir is the dominant tree species present accounting for 79% of the inventory. The remaining tree species are western hemlock (11%), red alder (7%), big leaf maple (2%), western red cedar (1%), and a small component of western white pine and black cottonwood. For many years, laminated root disease, which attacks Douglas-fir trees, was found to be a problem throughout the utility lands. Since the writing of the 1996 Plan, the major thrust of forest harvest activities has been the removal of trees (primarily Douglas-fir) from areas infected by root rot. Species, such as red cedar, western white pine, western hemlock, and alder that are resistant to root disease, were propogated in harvested root rot pockets. Today much of the root rot infestation has been controlled. Since 1996, substantial changes to the Forest Practices Regulations of Washington State have been made to protect native fish and water quality. The current regulations are referred to as the Forest and Fish Rules. Regulatory changes include new protocols for stream typing and riparian buffer delineations. As a result of these new regulations, a larger portion of the forest area within Utility owned forests, than was expected in 1996, could be unavailable for timber harvest. Other protected species can also impact availability of stands for harvest. As the forest becomes older, larger portions of the forests will need to be scheduled for final harvest and regeneration. The scheduling and location of such harvest activities may be sensitive to a wide assortment of issues including impacts to surface water turbidity and impacts to viewscapes. The 58,000 residents that are served by the City of Bremerton Water Utility enjoy the benefits of unfiltered clean water delivered to their homes at rates well below what neighboring community water customers are required to pay. Receipts from the sale of forest products have historically generated $1-1.5 million manually in fiscal return to the Water Utility. These revenues are primarily used to reduce expenses for the water system and lessen the level of user rate increases. Presently most of the forest is mature; a strategy to broaden the distribution of ages classes and species mixtures may be desirable to help insure a future sustainable flow of revenues from harvest activities. UW PSA 9 7/16/2003 Because of the above-mentioned issues and other challenges to forest management such as maintenance of sites for biosolids applications and reservoir/intake protection areas, there is need for PW&U to reassess and update forest resource planning. Developments in technology will be helpful to such a process. Objective The objective is to provide PW&U with accurate forest stand information and alternative landscape management plans to maximize water protection, revenue production, and water production within specified constraints for the duration of the planning period. Management of forest resources under variable and sometimes conflicting objectives has become complex and problematic. At the University of Washington, College of Forest Resources, there is a program designed to utilize the latest science and best technology to assist forest managers and decision makers in the creation of forest plans. This program is called the Rural Technology Initiative (RTI). RTl has assembled a team of professional scientists, staff, and graduate students to utilize and develop software- modeling capabilities in support of problem solving for complicated natural resource management challenges. Software capabilities include the Landscape Management System (LMS), a publicly available forestry software package developed at the UW. LMS utilizes forest inventory data and GIS layers to create a virtual model of the forest landscape. Incorporated in LMS are growth and yield models, analytical programs, and visualization capabilities fi-om both the stand and the landscape perspective. Another important software program utilized by RTl in the development of alternative forest plans is the virtual mapping program, ArcView, developed by the Environmental Systems Research Institute (ESRI). ArcView technology allows the operator to create spatial simulations such as viewscapes and riparian buffer overlays. Such combined capabilities bring needed powerful modeling and analytical support to the forest planning process. It is the objective of this proposal that RTI personnel work directly with PW&U staff to develop alternative landscape plans for the foresflands owned and managed by the Water Utility. A range of management alternatives and inventory information updated from the 1996 Land and Forest Management Plans and the accompanying 2000 Addendum will be helpful to PW&U as new decisions are needed concerning the intensity of forest management within the watershed. All new information derived fi-om this project is primarily for the benefit of PW&U managers and staff but may be secondarily beneficial to help members of the public to better understand forest management issues on Water Utility lands. The planning horizon will be 50 years examined in 5-year growth and operational cycles. Methods Approach Goals and constraints within water supply areas are unique. Therefore this project will treat the PW&U forestlands as two distinct watershed-planning units, "Union River" Forestlands and "Other" Lands. PW&U has provided a preliminary set of goals and constraints unique to each planning unit. Union River Forestlands The Water Utility currently owns 2,777 acres in the Union River drainage basin. The Union River Basin is heavily forested and the composition of the forest and vegetation is greatly influenced by previous logging and fire history. Much of the timber is 50-60 years old. The Union River and minor creeks in UW PSA 10 7/16/2003 the drainage convey water to the Union River Reservoir from which water is drawn for municipal consumption. The primary goal of this watershed planning area is to maintain the present unfiltered status of the surface water supply through meeting requirements of federal and state regulations. The secondary goals include forest health, annual timber revenues, and sustainable volumes of harvestable timber supply. Constraints to timber management include surface water quality and treatment regulations, other regulations such as state forest practice regulations, current distributions of stand ages and characteristics, spatial proximity of forest stands to reservoir/intakes, topographical limitations on operations, and viewscape concerns. Other Lands In 1997, based on GIS analysis, the Water Utility estimated that PW&U lands outside of the Union River Forestlands comprised 5,409 acres. These lands are Gorst Creek Drainage Basin (2892 acres), Heins Creek Drainage Basin (435 acres), Anderson Creek Drainage Basin (347 acres), and other scattered parcels (1,735 acres). Within these drainages are located 12 wells from which PW&U extracts 40% of its available water supply. Since protection of surface water is not as critical of a concern for this area, PW&U has identified the generation of sustainable income from timber harvest activities as the primary management goal for these forestlands. Forest health and transitional strategies toward future sustainability of harvest volumes through age class distribution adjustments are important goals here as well. Unique to this area is the practice of recycling biosolids fi-om the City wastewater treatment plant to produce soil improvements and increased forest productivity while disposing ofwastewater. The City has estimated that its program for the application of biosolids (currently on about 430 acres) saves the City approximately $200,000 annually. Identified to be considered, as management constraints on timber harvest within these lands are regulations, stand characteristics, financial needsdmarke~s, the need for appropriate forest conditions in adequate supply for use as biosolid application sites, and concerns over viewscape quality. Geo~aphical Information Systems Modern forest management planning processes for the integration of multiple values that maximize prioritized outputs have been aided tremendously by developments in Geographical Information System (GIS) technologies. Spatial issues such as road distributions, stand inventory locations, stream buffers, sediment flows, unstable slopes, wildlife habitat areas, and others can be examined with unprecedented analytical capability. The result is more accurate predictability of environmental consequences associated with management choices and subsequently greater operational efficiencies. In this project, the RTl[ GIS Specialist will work with PW&U to assemble all useful mapping layers and orthophotos for virtual spatial analysis for the Bremerton PW&U. This spatial database will be linked with inventory information. Individual management unit polygons (stands) will be delineated for all operationally unique areas located within the two PW&U planning units (landscapes). Outputs from growth and yield simulations for each planning period and for selected proposed management alternatives will be presented with spatial reference. All mapping capabilities that are generated as part of this project will be made available to the PW&U Forest Manager. Landscape Management System Suggested management altematives will involve in-depth analysis of specific consequences and tradecffs of various management actions. Management alternatives will need to be spatially and temporally sensitive. It has been identified as an important objective of the PW&U, for example, that harvest volumes and revenues associated with timber management be sustainable into the future. Estimation of such output flows through time will require sophisticated modeling and analytical capabilities. The Landscape Management System (LMS) has been developed at the University of Washington for just this purpose. LMS is a computerized U3~ PSA 11 7/16/2003 system that integrates landscape level spatial information, stand-level inventory data, and individual tree growth models to project changes through time across forested landscapes. LMS coordinates the execution and information flow between many different computer programs (40+). These programs: format, classify, summarize, and export information; project tree growth and snag decay; manipulate stand inventories; and present stand and landscape level visualization and graphics. Portfolio Alternatives The two virtual planning units, Union River Forestlands and Other Lands, will be created as LMS "portfolios" which will be made up of all stand polygon information associated with each of the two planning units (landscape areas). RTI staff will work with PW&U and other consultants to assemble all needed data for the preparation of two LMS portfolios for PW&U forestlands designated for investigation. Most forest inventory information available for the study areas is from fieldwork accomplished as part of the planning process in 1996. This data will be "grown" forward used the Pacific Northwest Variant of the Forest Vegetation Simulator (FVS), a regional growth model. In areas where harvest activities have occurred with the last six years some new inventory data has been collected and will be used. Where inventory data is found to be insufficient RTl staff will work with PW&U to generate needed information. Two portfolios will be created fi.om which to develop alternative management approaches for PW&U use. Upon completion of portfolio construction for Union River Forestlands and Other Lands, RTI staffwill work with PW&U to develop and model alternative approaches for the management of the two planning units for 50 years. Outputs from the modeled alternatives will be presented in 5-year increments. These 5-year increments will be considered as management cycles. Objectives of all management alternatives to be developed for the two planning units will be reflective of the stated objectives of the Water Utility. Ail alternatives will be designed to protect City water quality and to meet the requirements of all applicable laws. Differences in alternative approaches will reflect a variety of strategies conceived to maximize desired outputs within the operational opportunities and constraints identified by the Water Utility. Alternatives will be evaluated relative to metrics of economic and ecological performance over time. A market assessment of potential forest outputs will characterize transitional issues required to reach sustainable levels of income and harvest volumes as well as the ability to cover management costs while producing reasonable returns to the Utility. The economic activity produced by operations will also support the local economy while contributing to improved environmental amenities. Pertinent to examination of sustainable timber harvest flows will be issues of age class distribution and future land use conversion. Different estimations oftbe impacts of these two issues will be incorporated into the management alternatives. Active management and rotation age adjustments can interact to produce a shifting mosaic of forest conditions. Visualizations, graphical analysis, and mapping imagery for each management scenario will be made to aid Utility managers in determining and understanding the consequences and/or tradeoffs of each alternative. Simulations of alternatives for comparison will be conducted on 5-year growth cycles for a total planning period of 50 years. It is the suggestion of the project team that, in the spirit of adaptive management, 5-year intervals are appropriate periods of time to anticipate a need for revisitation of all planning assumptions and output estimates. However, since a goal of this project is to plan for a transition of activities within the forestland base towards output levels of enduring sustainability, a longer time frame than one growth cycle is needed For strategic investigation. Fifty years was selected as the planning cycle for this project to be representative of the time interval from regeneration to final harvest for an idealized forest stand within the watershed. Fifty years is UW PSA 12 7/16/2003 also a sufficient time period to begin to see the implications of adjustments to age class distributions and species mixtures to estimates of revenue and harvest flow sustainability. Deliverables: 1) Preliminary and Final Report 2) All data and modeling outputs 3) Presentations by RTl staffto Utility personnel as requested UW PSA 13 7/16/2003 EXHIBIT B Fee Schedule for Forest Management Assessment and Planning Strategy University of Washington - College of Forest Resources Proposed Budget Project Title: Bremerton Forest Management Assessment and Planning Strategy Principal Investigator: Bruce Lippke Project Period: July 31, 2003-December 31, 2004 Salaries: %FTE SAllocation Lippke 0.02 2667 Mason 0.10 5949 Ceder 0.10 4356 Rogers 0.10 4688 Zobrist 0.10 3944 Research Assistant 0.50 15120 Total Salaries: 36724 Benefits: ! Faculty ~ 0.213 568 Professional Staff ~ 0.232 4393 Research Assistants ~ 0.102 1542 Total Benefits 6503 Total Salaries & Benefits 43227 Travel 1000 Supplies & Materials 500 Equipment 0 Student aid 5925 Total Direct Costs 50652 Indirect Costs 0.26 13170 Total Project Costs $63,822 UW PSA 14 7/16/2003 DATE SUBMITTED: August 22, 2003 BILL # ~ ~ - AGENDA BILL CITY OF BREMERTON ~~ CITY COUNCIL SUBJECT: COPS Universal ~fing Committee Meeting Date: 9-09-2003 Pro.am (~) 2~3 Grant Awed CO~C~ ~ET~G Date: 9-17-2~3 Dep~ment: Police Presenter: Tim Sholtis Phone: 473-5277 S~RY: The COPS ~ 2003 ~ant ~lows the Police Depmment and City to hire one full- time employee (sworn officer). The City receives one officer at 58 percent of an ~E's costs. The City's cost shoe increases as the federal funding shoe decreases during the grant. ATTACHMENTS: 2003 COPS UHP Grant Award Letter and Revised Budget Summary FISCAL IMPACTS (Include Budgeted Amount): $98,225.00 over three years. The fourth year dollar amount is required to comply with the officer one-year retention plan. The officer's annual salary is approximately $60K. The total City funding is $158,225.00 over four years. The budget years are 2003-2006. DEPARTMENT DIRECTOR: CITY ATTORNEY: ~~~--~-r~.~.>' ' FINANCE DIRECTOR: _{......0,_./~.'~,'?.~:: MAYOR: FISCAL/BUDGET: ~ RECOMMENDED MOTION: Move to accept the COPS UHP 2003 grant funding award, authorize the Police Department to hire an officer according to the grant terms and administer the grant program according to the award requirements and City funding match. COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action  U.S. Department of Justice Offtce of Community Oriented Policing Services (COPS) Office of the Director 11 O0 Vermont A venue, NW Washington, DC 20530 June 24, 2003 Chief Robert Forbes Bremerton, City of 239 4th Sl~'eet Bremertan, WA 98337 Re: UHP Grant # 2003UMWX0126 - WA01801 Dear Chief Forbes: Cangramlations on receiving a COPS Universal Hiring Program grant award from the Office of Community Oriented Policing Services (COPS) for 1 new, additional full-time officer position(s) and 0 part-time officer position(s) in the amount of $75,000. The grant award start date for your Universal Hiring Program award is 6/1/2003, which means that your agency may be reimbursed for ent~-level salaries and benefits of additional officers hired on or after this date. Enclosed in this award package is your grant award document with a list of corresponding grant conditions that apply to this program. Please read and familiarize yourself with these conditions prior to signing the award document. Also included in this package is the Universal Hiring Program Grant Owner's Manual, which summarizes and explains the conditions of your agency's Universal Hiring Program grant award. It will assist your agency with management of the administrative and financial aspects of this grant and provide definitions of commonly used gram terms and answers to many commonly asked questions. This manual also contains information relating to payment methods and procedures for receiving your grant funds. Furthermore, in an effort to assist your agency with completing the required financial reporting forms that must be regularly submitted to the COPS Office under this grant, a Helpful Hints Guide has been included in this award package. To officially accept your grant, please sign the enclosed grant award document and return the original to the COPS Office within 90 days. ifa Revised Budget Summmy is included with this package, you must also complete, sign, and return this form to the COPS Office. Failure to submit the signed award document in this 90-day period may result in x~r~thdrawal of the grant without further notice from the COPS Office. For your conv~ience, a set of mailing labels has been included which may be used to submit correspondence to the COPS Office. We are pleased that your agency has elected to participate in the Universal H'u'ing Program and look forward to working with you in a productive partnership to further the community policing efforts of your agency. Should you have any questions, please do not hesitate to contact the COPS Off~ce at 1.800.421.6770. Your Gram Program Specialist will be happy to provide you with assistance. Sincerely, Carl R. Peed Director S-0 U. S. Department of Justice Office of Community Oriented Policing Services COPS Universal Hiring Award Application Organization's Name: Bremerton, City of Grant #: 2003UMWX0126 ORI#: WA01801 Vendor#: 916001231 Law Enforcement Executive Name: Chief Robert D. Forbes Address: 239 4th SWeet Ci~,, State, Zip Code: Bremcrton, WA 98337 Telephone: (360) 478-5290 Fax: (360) 478-5395 Government Executive Name: Mayor Cary Bozeman Address: 239 4th Street Cit~, State, Zip Code: Bremerton, WA 98337 Telephone: (360) 478-5266 Fax.. (360) 478-5883 Award Start Date: 6/1/2003 Award End Date: 5/31/2006 Award Amount: $ 75,000 Number of Officers: Full Time: 1 Part Time: 0 ' , , ..... ~ .Hit ~§2003 Carl R. Peed Date Director By signing tiffs award, the signatory offichls are agreeing to abide by the Conditions of Grant Award found on the reverse side of this document: Signature of Law Enforcement Executive with the Typed Name and Title of Law Enforcement Date authority to accept this grent award. Executive. Signature of Government Executive with Typed Name and Title of Government Date the authority to accept this grant award. Executive. Award ID: 70972 CONDITIONS OF GRANT AWARD 1. Grant Owner's Manual - The grantee agrees to abide by the terms, conditions and regulations as found in the COPS Universal Hiring Program (UHP) Grant Owner's Manual, dated February 2002. 2; Allowable costs-x VHP grant is oniy for the payment of entry-level salaries sad approved fringe benefits over three years for new, additional sworn career law enforcement officer positions, as reflected in you~ approved Financial Clearsacc Memorandum, hired on or after thc award sts~t date. Overtime, trslning, weapons, communication equipment and vehicles cannot be paid for with UHP funding. 3. ~L~ca~ Match - Grsatees are rcquirud t~ c~ntn~nte a ~ca~ match ~f at ~east 25 perccnt t~ werds thc total c~st ~f th¢ approved grant project, unless waived in writing by thc COPS Office, own if the grantee only expends per,al funds sad withdraws before thc grsat is compieted. Tbe match most be a cash match from fund~ nnt previonsly budgeted for law 6nforccm~nt purposes. 4. Sunolementin~, Not Sunolant~ng - UHP grant ~& ~ ~ ~ ~ ~ one or ~ ~, ~ ~er ~w U~s au~d ~ ~ by ~ ~PS Offi~, ~t ~ ~y not ~ a~Hed to ~c s~ or ~nefi~ of ~ offi~r ~ by ~ ~ p~or to ~ A~d S~ Da~ H~ un ~e ~nt of ~s d~m. 5. ~tenflon - ~ ~ ~g ~ ~t re~ ~o ad~fio~ ~PS-~d offi~ ~fio~. At ~ ~l~oa of a~ for at ~ o~ ~ 1~ buret ~le at ~ ~m~ion of ~-s~ (3~ ~n~ of f~ ~ai~ for ~t ~ifio~ ~temion ~t ~ ~ ad,finn ~ ~ l~y b~gc~ fo~ ~ ~t ~ acMcv~ ~ ~ ~nt receipt's j~on as a ~t r~t of ~ a~d. 7. Assurances and Certifications - The grantee ncknovdedges its agreement to comply with the Assimmccs and Certifications that were signed and submitted as part of the original grant application. 8. Exte..nsions - Thc COPS Office docs not offes extensions that provide additional UHP funding for ~is award. However, a no-cost time extemion may be requested, which provides the grantee with additRn~l time to complete grant requirements and/or draw down allowable funding. Extension requests over i 8 months wi'il be reviewed and .approved on a case-by-case basis. 9. Grant Modifications - All modification requests mn~t be approved by the COPS 6~-b~,'in wfi~prior to'th~ir- implementation. Modification requests.are evaluated on a case-by-case basis. !0. EEOP - Cnantoes thaf have 50 or more employees and grants over $500,000 (or over $ l,O00,O00 in grants over sa month period), must submit sa acceptable Equal Bmploym~t Ol~oramity Plan (BEEP) or EBOP shot~ form, ff · required to submit an BEeP under 28 C.F.R. 42.302, that is'approved by the Oflflicc of Justicc Programs, Office of Civil Rights, within 60 days of the Award Start Date. 11. ~Reporis - The grantee is required to submit programmatic progress reports and quarterly Financial Staluz Reports. 12. ,Contracts With O~er Juvisdleflon~ - Officers funded under this grant may only be involved in activities or i~efform services that exclusively benefit the recipient agency and the population thatit serves. If the grantee engages m a contractual agreement to provide or n~ccive law enforcement sendcos with ~ UH~ grant, it ia respomtble for ensuring that the contractual artangcmgnt is in complisaco with the conditions of this award, 13. ]Evaluation - The COPS Office may conduct or ~onsor national evaluations of the community p~licing activities of . its grsatee,n and other COPS-funded initiatives. The grantee agrees to cooperate with the evaluators. ~14. n~lp~]]~~- The grantee agrees to complete and keep on file, as appropriate, aa Immigration and Naturalization Service Employment Bligfoillty Verification Form (I-9) to verify sad ensu~ that peseta are ellg~le to work in the United States. 15. Grant Monitoring Activities - The Depar~nent of Jnsticc performs various functions to ensure compliance with grant requirements, to assess the implemcnta6on of community policing ia awasded jurisdictions, and to provide technical assistance to grantees. The grantee agrees to cooperate with any requests for grsat-related deeumentstion or other relevant information. U.S. Department of Justice Office of Community Oriented Policing Services (COPS) Grants Administration Division 1100 Vermont Avenue, NW Washington, DC 20530 Memorandum To: Robert Forbes, Chief Bremerton, City of From: Robert A. Phillips, Assistant Director, Grants Administration Scott McNichol, Grant Program Specialist, Grants Adminis~_~atjtjg~/ Marcia Savoy, Staff ^ccountant, Finance Division A financial analysis of budgeted costs has been completed. Costs under this award appear reasonable, allowable, and consistent with existing guidelines. ORI: WA01801 GrantNumher: 200311MWX0126 O.lP Vendor Number: 9160~1231 Year 1 - Costs Per Changes Change Full-Time Officer: Approved Breakdown Reason Annual Base Salary $45,560.00 $0.00 Fringe Benefits: $10,023.00 $-924.00 Social Security $0.00 $0.00 Exempt per Application Medicare $661.00 $-13.00 1.45% of the base salary Health Insurance $6,779.00 $0.00 Family Plan Life Insurance $240.00 $0.00 Vacation $0.00 $0.00 Sick Leave $0.00 $0.00 Retirement $1,335.00 $0.00 Worker's Compensation $940.00 $0.00 Unemployment $68.00 $0.00 Deferred Compensation $0.00 $-911.00 Unallowable Cost I $.,s8.01 I $.924.001 Full-Time Officer Costs: Total Changes: $-2,887.00 Project Costs Per Officer: Total Project Costs: Salaries and Fringe Benefits: $173,225.00 Total Officers: Salaries and Fringe Benefits: $173,225.00 Federal Share: $75,000.00 Federal Share: $75,000.00 Applicant Share: $98,225.00 06/06/2003 S-0 1 Applicant Share: $98,225.00 Budget Cleared Date: 06/10/2003 Overall Comments: The total project cost was reduced by $2,887 due to disallowed costs for Deferred Compensation -($2,845) and miscalculations of Medicare costs of -($42) in all 3 years.The federal share remains the same. Tim sholtis was notified on 6/10/03. UHP Revised Budget Summar5 - Important Notice During the review of votlr COPS Universal Hiring Program bttdget i~[ormatirm, the Office of the Comptroller. Office qf ,hlstice Programs or the COPS Office amended the budget information st~bmirted with yo[tr application, These adjustments affect yonr budget summar3'. The COPS Office modified your budget summary to reflect the'se changes and to meet legislative requirements. Please examine the Revised Budget Summary below. COPS Office stt{f/ ha ye changed the Federal Share, the local share or both shares. If you have an v questions, please contact yoar grant advisor at the COPS Office. Thank vott for your attention to this matter. ORI: WA01801 Organization: Bremerton, City The total three year cost for salaries and benefits per full4ime officcr requested is: $173,225.00 The total amount nf federal funds per full-time officer requested is: $75,000.00 The total three year cost for salaries and benefits per part time officer requested is: $0.00 The total amount of federal funds per part-time officer requested is $0.00 Under COPS grants, the Federal share of total salaries and benefits must decrease each year leading to full local funding by the fourth year of officers' employment. At the same time your local share must increase each year. Furthermore, Federal funds per officer cannot exceed 75% of three years salary and benefits, or $75,000, whichever is less. We have prepared the following table for your review. If these amounts do not meet your needs, please providc revised figures in the blank table below. Thank you. Full Time Year 1: Year 2: Year 3: Totals: Federal Share (must decrease): $30,000.00 $25,000.00 $20,000.00 $75,000.00 Local Share (must increase): $25,583.00 $32,572.00 $40,070.00 $98,225.00 Total Salaries/Benefits: $55,583.00 $57,572.00 $60,070.00 $173,225.00 Federal Share (must decrease): Local Share (must increase): Total Salaries/Benefits: Part Time Federal Share (must decrease): $0.00 $0.00 $0.00 $0.00 Local Share (must increase): $0.00 $0.00 $0.00 $0.00 Total Salaries/Benefits: $0.00 $0.00 $0.00 $0.00 Federal Share (must decrease): Local Share (must increase): Total Salaries/Benefits: The undersigned agrees to adhere to the financial commitments outlined above. Name (typed) of Authorized Official: Title: Signature: Date: DATE SUBMITTED: 9/3/03 BILL #0~ AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Lease to Remove Gravel Committee Meeting Date: COUNCIL MEETING Date: $ Department: Public Works/Utilities Presenter: Bill McKinney Phone: ext. 5354 SUMMARY: Surface mining operations have been conducted by Port Orchard Sand & Gravel (POS&G) on Water Utility land under an acquisition agreement signed with Alpine Evergreen, Inc. in 1988 in which royalities for extracted materials went to Alpine. This agreement expires September 27, 2003. The City and POS&G have negotiated a new agreement in which operations may continue in the same location and royalities paid to the Utility. Rovalties ors ~7~?~r ton for extracted materials with a minimum annual~i~s~of $ ,v.c, C? ~' ~7 is established. Term o-~=-~ ~ fthe lease is ten years. Required permits and access have been obtained. It is recommended that the attached lease be approved. ATTACHMENTS: Lease to Remove Gravel FISCAL IMPACTS (Include Budgeted Amount): This agreement creates a new source of revenue for the Water Utility. APPROVALS: DEPARTMENT DIRECTOR: r CEDn CTOR: .... ' -" FISCAL/B~ET: Heard at Committees 9/9 & 9/16 OPERATIONS: Heard at Committees 9/9 & 9/16 CONSENT AGENDA [] COUNOL ESn)E : RECOMMENDED MOTION: The City Council approve the Lease to Remove Gravel betw~n the City of Bremerton and Port Ordmrd Sand & Gravel and authorize the Mayor to finalize and execute the agreement. COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action LEASE TO REMOVE GRAVEL This Lease to Remove Gravel ("Lease") from real property in those portions of Sections 2 and 11, Township 23 North, Range 1 West, W.M., lying within the area covered by an existing State surface mining permit and approved by the City and more fully described in Exhibit "A" attached hereto and incorporated by reference herein ("Property"), made and entered into this day by and between the City of Bremerton ("City") a municipal corporation of the State of Washington and Port Orchard Sand and Gravel Company, Inc., a Washington Corporation ("Lessee"), collectively referred to as the "Parties". REC1TALS Whereas the City is the owner of the Property; and Whereas Alpine Evergreen Company, Inc, ("Alpine") was the owner by right of reservation of the gravel located on the Property which expires on September 27, 2003; and Whereas Alpine and Lessee are parties to a lease to remove gravel from the subject premises which expires contemporaneously with the expiration of Alpine's right of reservation; and Whereas Lessee desires to lease from the City, and the City desires to lease to Lessee, for the purpose of gravel removal, the Property pursuant to the terms set forth below; NOW Tlt'E. REFORE; the parties agree as follows: AGREEMENT 1. Grant of Lease: For and in consideration of the payments unto them by the Lessee of the monies hereinafter specific and the performance by Lessee of the covenants and obligations herein provided, the City does hereby lease to Lessee the Property for the limited purpose of processing and removing sand and gravel therefrom. 2. Term: The term of this lease shall be for a period often (10) years commencing on September 27, 2003 (at the termination of the Alpine Lease) and terminating on September 27, 2013, and further subject to termination as hereinafi-er provided. 3. Payment: Lessee covenants and agrees to pay to the City as compensation for the lease granted hereunder the following: a. A royalty of fifty-seven cents ($0.57) per ton for all processed gravel taken fi-om the Property, and a royalty of thirty-two ($0.32) per ton for all reject sand taken from the Property. In lieu of cash payment, the City may at its option take royalties in the form of materials processed by lessee according to the following schedule of values: LEASE TO REMOVE GRAVEL 1 9/9/2003 Lessee will receive a credit equal to the then existing retail price for the product sold to the City less a ten percent (10 %) discount. This credit will be applied to the royalty payable hereunder, but will not reduce the minimum annual royalty. If the credit is not used to offset the royalties payable for the year in which the materials were sold, then the credit may be carried over to future years. b. Lessee shall review and report to the City its retail aggregate prices on or before September 1 of each year. Should Lessee increase its retail aggregate prices the royalty (but not the minimum annual royalty) will be increased by that same percentage. In no event shall the royalty be less than the mounts set forth in ¶ 3(d), below. c. The royalties paid yearly by the Lessee to the City shall be based on the actual tonnage removed, and the records of the Lessee shall be subject to inspection by the City, upon three (3) days notice, at any time during Lessee's regular business hours. d. Lessee agrees to pay to the City the minimum sum of twenty thousand dollars ($20,000) (minimum annual royalty) to be paid at the commencement of the lease, and on or before September 1 of each subsequent year. This amount shall be credited against royalties for later removal for the year. Payment for royalties in addition to the minimum annual royalty, if any, shall be due and payable to the City on or before October 27 of 2004 and each subsequent year of this lease. If the royalties payable for a fiscal year (September 1 to August 31 of each year) are less than the minimum annual royalty, then the deficiency will be carried over the following year(s) and used as credit against royalties payable in the subsequent years. e. Existing stockpiles of processed gravel as of September 27, 2003 shall remain the propen'y of the Lessee for a period of one year from the effective date of this agreement and is not subject to royalty payments to the City. The Parties agree to mutually identify the stockpiles on or about September 27, 2003 and to physically mark them to distinguish them from later stockpiled materials. Lessee agrees not to add additional processed gravel to these stockpiles. Until September 27, 2004, any sale or other disposition oftbe stockpiled material will not be considered in calculating royalties payable under subsection 3(a) above. 4. Use: The use of the Subject Property shall be limited to the processing and removal of gravel and sand. Any other use is prohibited. Lessee shall keep on file with the City a current operating plan and surface mining permit issued by the Washington State Department of Natural Resources (DNR Permit). Lessee shall obtain and furnish copies to the City any and all permits required for the operation of the site. Lessee shall not permit debris or refuse to be deposited on the Property. Lessee shall not make any alterations, additions, or improvements to the Property not provided in the approved operating plan or DNR Permit without first obtaining consent of the City. All alterations, additions, and improvements will be at the sole cost and LEASE TO REMOVE GRAVEL 2 9/9/2003 expense of the Lessee. Except for the welt and the well house, any buildings or equipment will remain the property of the Lessee, which will remove those buildings and equipment upon termination. Without limiting the foregoing, Lessee will remove the wash plants, including the conveyor belts, the clarifying tank, and the truck scale. The City, its agents, officers, employees and representatives may enter the Property at any time, but the City will not have the right to remove any gravel or sand or other materials at the Propeay without the prior consent of the Lessee. The City reserves the fight to use the Property for purposes and in a manner that are compatible and do not interfere with Lessee's operation. 5. Performance Bond: Lessee shall maintain in force and effect the performance bond required by the DNR Permit for site reclamation. A copy of the performance bond shall be provided to the City within 30 days of issue as required by the DNR Permit. 6. Termination: a. This Agreement may be terminated, at will, by either Party upon 90 days' notice to the other Party. This Agreement may he immediately terminated for cause by a Party if the other Party substantially fails to perform through no fault of the terminating Party, and the non-performing Party does not commence correction of the failure of performance pursuant to paragraph 10 of this agreement. b. Upon termination, for whatever reason, Lessee shall complete all required pit reclamation as required by DNR reclamation plan, or other law, ordinance or anthodty. c. Upon Termination: In the event of termination without cause by Lessee, or termination for cause by the City, the Lessee shall forfeit all monies paid or due pursuant to paragraph 3 (d). Upon termination without cause by the City, the City shall refund monies paid pursuant to paragraph 3 (d) on a pro rata basis. 7. Indemnification: Lessee shall defend indemnify and hold the City harmless against and from any and ail claims by or on behalf of any person, firm, or corporation arising from the conduct or management of or from any work or thing whatsoever done by Lessee or its agents, contractors, servants or employees in or about the Subject Property. Lessee shall further defend, indemnify and hold the City harmless against and from any and all claims arising from any breach or default on the part of Lessee to be performed, pursuant to the terms of this Lease, or arising from any act or negligence of Lessee or any of its agents, contractors, servants or employees occurring during the term of this agreement on or about the Subject Property, and from and against all costs, attorneys' fees, expenses, and liabilities incurred in and about any such claim or action or proceeding brought thereon. The provisions of this section shall survive the expiration of this agreement. LEASE TO REMOVE GRAVEL 3 9/9/2003 8. Liability Insurance: Lessee shall procure and maintain for the duration of this agreement Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000.00 combined single limit per occurrence and general aggregate for personal injury, bodily injury and property damage against claims for injuries to persons or damage to property which may arise fi.om or in connection with the Lessee, its agents, contractors, or servants use of the Subject Property. The City shall be named as an additional insured on this policy. Prior to the commencement of this Lease, the Lessee shall provide a Certificate of Insurance evidencing the above, together with an endorsement naming the City, its officials, employees, agents and volunteers as an additional insured. 9. Condemnation: lithe Subject Property or any part thereof shall be taken or acquired by any entity having the right of eminent domain, either under said right or by purchase without the exercise of said right, the City may, at its option, terminate this agreement without paying any consideration to Lessee. No part of any award allocable to the real prope~y shall belong to the Lessee, BUT Lessee shall retain the right to claim damages fi.om the condenming authority for the loss of business, moving costs, and loss of value to trade fixtures. 10. Default: The occurrence of any of the following shall, at the option of the City, and without notice or demand on Lessee, constitute an event of default hereunder: a. Failure to pay any sums owing under this lease within ten (10) days after the same becomes due. b. Failure of Lessee to observe or perform any of Lessee's covenants and/or agreements hereunder. c. Lessee becomes insolvent or being adjudicated bankrupt or making an assignment on behalf of creditors. d. Institution by or against Lessee of any bankruptcy, insolvency, reorganization, debt adjustment or liquidation proceeding, provided however, that Lessee shall have ninety (90) days to obtain dismissal of any involuntary petition in bankruptcy before being deemed to be in default. e. Seizure or levy of any legal or governmental process upon the property placed by Lessee upon the subject premises. 11. Remedies: Whenever an event of default shall exist and shall not have been remedied within thirty (30) days after written notice setting forth the specific breach of this Lease has been given by the City to Lessee, then the City may, at its option, terminate this Lease. The remedies provided hereunder shall be in addition to any other remedies available to the City under law, and may be exercised singularly, concurrently, or successively. LEASE TO REMOVE GRAVEL 4 9/9/2003 12. Non-Waiver: The failure of the City to insist upon strict performance of any of the terms and rights contained herein, or to exemise any option conferred in one or more instances, shall no be construed as a waiver or relinquishment of those terms and rights and they shall remain in full force and effect. 13. Assignment: Any assignment of this Lease by the Lessee without prior written consent of the City shall be void. Such consent shall not be unreasonably withheld. 14. Liens: Lessee shall not permit any lien or encumbrance of any kind to be placed upon the premises which are subject of this lease. Lessee agrees that in the event any lien is filed against the property due to the acts or failure to act of Lessee, that Lessee will, within thirty (30) days, either discharge such lien or post a bond. 15. Abandonment: Upon abandonment of the premises by Lessee without written consent of the City, the City may take control of the premises including the equipment and structures placed thereon by Lessee. Such entry and control by the City shall not release Lessee from the obligations herein, and Lessee shall remain liable and continue bound by this agreement unless the City, in the City's sole discretion, elects to terminate the agreement. Lessee shall not be deemed to have abandoned the Prop~aty unless it ceases to operate its business at the Property for a period of more than six (6) consecutive months, unless the Lessee has indicated by word or deed, a clear and convincing intent to abandon. 16. Notice: Any notice required to be given under this Lease shall be deemed given three (3) days subsequent to deposit of such notice(s), properly addressed, in the United States Mail, postage prepaid, sent by registered or certified mail, return receipt requested. TO CITY: City of Bremerton ATTN: Director of Public Works & Utilities, Forestry Manager 3027 Olympus Drive Bremerton, WA 98310 TO LESSEE: Port Orchard Sand and Gravel Company, Inc. ATTN: Dean Moergeli PO Box 181 Port Orchard, WA 98366 LEASE TO REMOVE GRAVEL 5 9/9/2003 17. Governing Law: This agreement shall be governed and construed in accordance with the laws of the State of Washington. If any dispute arises between the City and the Contractor arising from this agreement, resolution of that dispute shall be only through the jurisdiction, venue and rules of the Superior Court of Kitsap County, Washington. 18. Attorneys' Fees: In any claim or suit arising from this agreement, each party shall be responsible for payment of its own legal costs and attorneys' fees incurred in defending or bringing such claim or lawsuit: however, nothing in this subsection shall limit the City's right to defense and indemnification pursuant to ¶ 7. 19. Modification: No waiver, alteration, or modification of any of the provisions of this agreement shall be binding unless in writing a signed by a duly authorized representative of the City and Lessee. 20. Sevecabillty: If any one or more sections, subsections, or sentences of this agreement are held unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this agreement and the remainder shall remain in full force and effect. 21. Captions: The captions of this Lease are inserted for convenience and are not to be construed as part of this agreement or in any way limiting the scope or intent of the provision. 22. Entire Agreement: Lessee has inspected the Subject Property and has found the same to be to its satisfaction. The written provisions and terms of this agreement, together with any attached exhibits, supereede all prior verbal statements by any representative of the City, and those statements shall not be construed as forming pan of or altering in any manner this agreement. This agreement any attached exhibits contain the entire agreement between the parties. LESSEE: PORT ORCHARD SAND AND GRAVEL COMPANY, INC. Date: By~ Its: LESSOR: CITY OF BREMERTON Date: LEASE TO REMOVE GRAVEL 6 9/9/2003 By: Cary Bozeman, Mayor ATTEST: APPROVED AS TO FORM: Roger A. Lubovich, City Attorney LEASE TO REMOVE GRAVEL 7 9/9/2003 B~tmd Middl~n l~u~c ~_~ ~ ~ mG~s u~ ~E ~ F~ATE B~ke~ Inc. - Aub~ Div ff~%~..~L~_~ ~ ~ ~ ~uburn Way No~ ~-/gfl ]~c ~ve~k ~t~ BY ~ P~ ~9 I~LOW. Auburn, WA 98~ __~OMP~ESAFFOR~ ~u~eo A NO.em 1~ Co. ~ NY PO~ Or~ard ~al~ & Or~vel co~ '~' P. O. Box 130 B Le~n~n l~u~n~ Au~rn, WA 9~I ~ C~ O ~ IS TO ~E~Y ~T ~E POUCIES Off I~ L~D ~EL~ ~VE ~ I~EO TO M IM~RED ~D A~ FOR ~E ~y ~LU$~ ~D ~lY~ ~ SUCH ~L~S. ~TS ~ ~Y ~VE ~EN ~ED ~ PAID C~]MS. ~ ~o CI~z~7~ ~01103 ~O~ I co. Mn ~u~T s ],NO,~ ~ F~ 65~016 0~01/03 ~01/~ ~c~e~ s ],~l,~ in~ o~y DATE SUBMITTED: August 22, 2003 BILL # (.;? - i '-/~ AGENDA BILL C1TY OF BREMERTON ~ ~ CITY COUNCIL SUBJECT: U.S. Department of Justice Committee Meeting Date: 9-09-2003 Local Law Enforcement Block Grant COUNCIL MEETING Date: 9-17-2003 (LLEBG) FY 2003 Department: Police Presenter: Tim Sholtis Phone: 473-5277 SUMMARY: The Department of Justice awarded the City of Bremerton $57,323.00 through the LLEBG formula program. The City has a cash match of $6,369.00 over the grant period October 1, 2003 to September 30, 2005. The funding is used towards the purchase of two police vehicles. ATTACHMENTS: Award message and grant documentation. FISCAL IMPACTS (Include Budgeted Amount): The matching funds will be in the 2004 budget. DEPARTMENT DIRECTOR: . _ FINANCE DIRECTOR: FISCAL/BUDGET: fl/(~ ]'~ d/,//~ CONSENT AGENDA [-] OPERATIONS: ,.,~?~ ~,~~7~:2_ COUNCIL PRESIDENT: "~.~ ~'.~Z_, RECOMMENDED MOTION: Move to approve and accept this Local Law Enforcement Block Grant for $$57,323.00, subject to the special conditions and terms for grant administration. COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action 3'/ age 1 , From: <ojp @ ojp.usdoj.gov> To: <MAYOR @ CI.BREMERTON.WA.US>, <TSHOLTIS @ CI.BREMERTON.WA.US> Date: 8/19/03 2:43AM Subject: Award Approval Notification. [Award No. 2003-LB-BX-0086] Congratulations! Your Award for the FY 2003 Local Law Enforcement Block Grants (LLEBG) Program has been approved by the Bureau of Justice Assistance (BJA). You have 45 calendar days from the date on your Award to review and accept this Award. All Awards not accepted within this 45 day period will be deobligated and funds will be redistributed among FY 2004 eligible applicants during the next LLEBG funding cycle. To. accept your award, go to http://grants.ojp.usdoj.gov/llebg/ojp_login.llebg_login.llebg_main and log on using your user id and password. You have 90 calendar days from the date on your Award to submit your Request for Drawdown. Any funds not drawn down within this 90 day period will be deobligated and funds will be redistributed among FY 2004 eligible applicants during the next LLEBG funding cycle. Please Note: BJA is requesting that LLEBG grantees make every effort to ensure that any proposed use of LLEBG funds to procure equipment and/or fund programs or projects that focus primarily on Domestic Preparedness; First Responder; Anti-Terrorism and/or Homeland Security be coordinated with your State's Homeland Security Contact. Written notification should be made to the State Homeland Security Contact informing them of the use of funds and any changes to the plans, during the life of the grant. Please maintain an administrative file documenting the contact with the Homeland Security Contact. For a list of State Homeland Security Contacts, go to http://www.dhs.gov/dhspubtic/interapp/editorial/editorial_0291 .xml. Please be aware that this notification will be included as a Special Condition for the FY 2004 funding cycle. Your compliance with this request for FY 2003 is appreciated. Again, please do not reply directly to this message as your reply will not reach us. (Please Note: if you respond to this email do not change the subject line, thank you) ITim Sholtis, - FY 2003 LLEBG Application (14879) APPr0~ed Page 1 I From: <ojp @ ojp.usdoj.gov> To: <TSHOLTIS @CI.BREMERTON.WA.US> Date: 8/4/03 1:35PM Subject: FY 2003 LLEBG Application (14879) Appr( ved. Your Application for the FY 2003 LLEBG Program has been ~pproved by the Bureau of Justice Assistance (BJA).You will be notified via email when your offi( :iai award documents are posted and are ready for you to accept on-line through this system. (Please Note: if you respond to this email do not change the subject line, thank you) DATE SUBMITTED: August 26, 2003 BILL AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: 5~ot~{- ~:~ ~ .'J0. ff g 6g Committee Meeting Date: September 2, 2003 Public Hearing and Ordinance amending Chp COUNCIL MEETING Date: S~,~to,~r ~-v,n .... '~nn~ -~¢{~ .<' ~ 1'7 2.76 of the BMC establishing a System for Department: Finance Department the Issuance, Use and Control of Presenter: Michael R. Wilson Credit/Purchase Cards Phone: 473-5590 SUMMARY: The Department of Finance is proposing that the City Council authorize the Mayor and Finance Director to implement and maintain an internal operating system for the distribution, authorization and control of credit/purchase cards issued to and for the benefit of the City and used by City employees and officials. The use of credit/purchase cards is a customary and economical business practice to improve cash management, reduce costs, and increase efficiency in how department's conduct their daily business. ATTACHMENTS: A. Credit/Purchase Card Policy Ordinance FISCAL IMPACTS (Include Budgeted Amount): No direct budgetary impact. Positive fiscal benefit through improved internal control, accounting and claims processing of City purchases. APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: FISCAL/BUDGET: '' .... 7"x~' CONSENT AGENDA [] OPERATIONS: COUNCIL PRESIDENT: RECOMMENDED MOTION: B. I move to pass Ordinance No.q~/a~on second reading relating to adopting a system for the issuance, use and control of credit/purchase cards by City officials and employees and amending Chp 2.76 of the BMC. COUNCIL ACTION: [] Avvrove [] Deny ~-] Table [] Continue [] No Action ORDINANCE NO. ~ ~ (~'~ AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Chapter 2.76 of the Bremerton Municipal Code by adding a new section relating to a system for the issuance, use and control of credit/purchase cards by City officials and employees. WHEREAS, the City Council of the City of Bremerton finds it advantageous for the City to use a credit/purchase card system for certain official City purchases; and WHEREAS, the City finds that the use of crediffpurchase cards is a customary and economical business practice to improve cash management, reduce costs and increase efficiency; and WHEREAS, the City strives to perform all functions in an efficient and cost effective manner; and WHEREAS, the Washington State Legislature has enacted legislation codified as RCW 43.09.2855 requiring that any City which contracts for the issuance and use of credit (purchase) cards adopt policies governing the distribution, authorization, credit limits, payment and control of such credit (purchase) cards; and WHEREAS, the current provisions of the Bremerton Municipal Code do not contain provisions relating to a system for the issuance, use and control of credit/purchase cards by city officials and employees; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION L A new section, Section 2.76.550, entitled "Credit/Purchase Card Use" is hereby added to the Bremerton Municipal Code as follows: 2.76.550 CREDIT/PURCHASE CARD USE. (a) The Director of Finance shall implement and maintain the following system for the distribution, authorization and control of credit/purchase cards issued to or for the benefit of the City and used by City officials and employees. (1) Distribution. Credit cards may be distributed to those City officials and employees who, in the opinion of the Director of Finance or his/her designee, have job responsibilities that would benefit or otherwise be facilitated by use of credit/purchase cards. (2) Authorization and Control. The Director of Finance shall develop specific administrative guidelines and accounting controls to ensure the proper usage of credit/purchase cards and related funds. Credit/purchase cards are to be used when it is in the best interest of City administrative affairs. 1 Credit/Purchase Cards (3) Application. The individual holder, upon prior approval of the Director of Finance or his/her designee, shall use each credit/purchase card in a responsible maimer. (4) Credit Limits. The Director of Finance or his/her designee shall set credit/ purchase limits on each card issued subject to final approval by the Mayor. Individual purchases shall not exceed $5,000 and in no event shall the credit/purchase card limit exceed $10,000 any individual credit/purchase card account without pre-approval of the Director of Finance and Mayor. (5) Credit Card Restriction. The following will be considered an unauthorized purchase or use of any City credit/purchase card: (i) cash advances; (ii) payment of invoices or statements; (iii) purchases where an open charge account would be utilized; and (iv) personal purchases of any kind (6) Disallowed Charges. Disallowed charges or charges not properly identified will be paid by the employee before the charge card/purchase billing is due. Failure to do so will render the employee personally liable where the City shall have a prior lien against and a right to withhold any and all funds payable or to become payable to the employee up to the unpaid amount, plus interest and/or fees at the rate charged by the bank that issued the cost. Employee shall not use the credit/purchase card if any disallowed charges are outstanding. The act of obtaining a City credit/purchase card does not indicate pre-approval of expenditures. (7) Return of Credit/Purchase Card. The employee shall tatum all City credit/ purchase cards at the request of the Director of Finance or designee, or upon separation of employment. Final paycheck will be held until all outstanding City property has been returned. (b) The Mayor and Director of Finance are authorized to implement any additional policies or administrative procedures necessary to implement the provisions of this Section. SECTION2. Severability. If any one or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION3. Effective Date. This ordinance shall take effect and be in force ten (10) days fi.om and after its passage, approval and publication as provided by law. APPROVED by the City Council the day of ., 2003 PASSED by the City Council the day of ,2003 CAROL ARENDS, Council President 2 q ~)~ Credit/Purchase Cards APPROVED this day of ., 2003 CARY BOZEMAN, Mayor ATTEST: APPROVED AS TO FORM: KATHLEEN MCCLUSKEY, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the day of ,2003 EFFECTIVE the day of ,2003 ORDINANCE NO. R:\LEGAL\OrdinancesWinancc\Credit Card Policy.doc Credit/Purchase Cards DATE SUBMITTED: 9/4/03 BILL # AGENDA BILL CITY OF BREMERTON qB CITY COUNCIL SUBJECT: Public Hearing and Ordinance Committee Meeting Date: g,'26,'03 9-q~.~ amending Rate Table A of Chp 3.01 of BMC COUNCIL MEETYNG Date: 9,0~/03~ q/t ?/o_5 relating to Utility/Lien Search Fees Department: Finance Presenter: Michael Wilson Phone: 473-5590 SUMMARY: In order to implement the proposed agreement with Webcheck, Inc. to provide electronic service for accessing lien and utility information for title and escrow companies, a search fee needs to be established by ordinance. It is recommended that the fee be set at $30 per search of each parcel requested. ATTACHMENTS: Ordinance FISCAL IMPACTS (Include Budgeted Amount): Passage will enable the City to collect a search fee which could result in annual revenue of $60,000 or more. APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: "-. FINANCE DIRECTOR: MAYOR: FISCAL/BUDGET: ~ t"~/~_ CONSENT AGENDA[-] counciL PRESIDENT: RECOMMENDED MOTION: TT lr [;;;';;'do 2) ass nance # on second reading. COUNCIL ACTION: [] Approve [] Deny [-~ Table [] Continue [] No Action ORDINANCE NO. q~ ! AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Rate Table A of Chapter 3.01 of the Bremerton Municipal Code relating to Utility/Lien search fees. WHEREAS, the City has implemented an electronic service for accessing lien and utility information for the benefit of title insurance, escrow companies and other businesses; and WHEREAS, the cost of providing this electronic search service shall be borne by those choosing to use the services; NOW THEREFORE THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTIONL Rate Table A of Chapter 3.01 of the Bremerton Municipal Code relating to administrative fees is hereby amended to read as set forth in Exhibit A of this ordinance. SECTION2. Severabilit¥. If any one or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION3. E££ective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. APPROVED by the City Council the day of ,2003 PASSED by the City Council the day of ,2003 CAROL ARENDS, Council President Approved this day of 2003 CARY BOZEMAN, Mayor ATTEST: APPROVED AS TO FORM: KATHLEEN MCCLUSKEY, City Clerk ROGER A. LUBOVICH, City Attomey Utility/Lien Search Fees PUBLISHED the day of ,2003 EFFECTIVE the day of ,2003 ORDINANCE NO. R:\LEGAL\Ordinances\Administration\Lien Search Rate Table A.doc Utility/Lien Search Fees ADMINISTRATIVE SERVICES - RATE TABLE A All Rates Listed Are "Not To Exceed" Fees ADMINISTRATIVE SERVICES REGULATORY LICENSE FEES 2003 RATE BMC t8.06 Ambulance Services Ambulance Inspections $60/veh BMC 5.17 Charitable Solicitation Non-Profit $25/60 days Professional Fundraiser $675/60 days BMC 5.22 Dance/Public $265/yr or $70/30 days BMC 5.96 Erotic Dance Studios $700/yr Dancers $100/yr BMC 9.48 Fireworks Stands $100/stand/yr BMC 10.24 Housemoving/Oversize Loads $600+$65/mile to .10 of a mile BMC 5.16 Mobile Food Vendor $150/veh/yr BMC 5.16 Peddlers $75/yr or $25/30days BMC 5.04 Petshops $150/yr Grooming Parlors $50/yr Animal Welfare Facilities $50/yr BMC 5.36 Special Events: Profit $675/event Non-Profit $70/event BMC 5.20 Street/Sidewalk Vendors $250/yr BMC 5.16 Temporary Merchant $400/30 days BUSINESS LICENSE FEE 2003 RATE BMC 5.02 $55/yr PARKING 2003 RATE On-Street Locations Not to Exceed $20/3 hrs $30/10 hrs Table A - A1 EXHIBIT A ADMINISTRATIVE SERVICES - RATE TABLE A All Rates Listed Are "Not To Exceed" Fees PARKING 2003 RATE Off-Street Location Not to Exceed $20/3 hrs $30/10 hrs Parking Garage Not to Exceed $100/mo DOCUMENT REPRODUCTION FEES 2003 RATE Per Page $. 15lpg Audio or Video Tapes Cost of Tape +$8.50 Computer Disks $8.50 Certification $3.50 Blue Prints -Aerial Photos, Drawings, Maps $8/pg Documents: Medical Records $19/1 st 5 pages $.83/Pgs 6-31 $,63/Pgs 31 + Fire Reports $. 15lpg Budget $25 Annual Report $25 CHECK HANDLING FEE $40 ADMINISTRATIVE HEARING EXAMINER $150 APPLICATION OR APPEAL Table A - A2 EXHIBIT A DATE SUBMITTED: BILL # O 7~ L_I '1 AGENDA BILL CITY OF BREMERTON q CITY COUNCIL SUBJECT: PUBLIC HEARING ON Committee Meeting Date: September 16, 2003 ORDINANCE RELATING TO COUNCIL MEETING Date: Sept. 17 and 24, 2003 WESTPARK DEVELOPMENT Department: City Attorney's Office Presenter: Roger A Lubovich Phone: 473-2345 SUMMARY: The proposed ordinance invokes the City's authority under Chapter 35.81 RCW, "The Housing Cooperation Law," to aid and cooperate with the Bremerton Housing Authority and the Kitsap County Consolidated Housing Authority in the planning, undertaking and construction of housing projects by providing for planning and development parameters for the redevelopment of Westpark in order to provide for housing and other related uses as authorized by said law. ATTACHMENTS: Proposed Ordinance FISCAL IMPACTS (Include Budgeted Amount): APPROVALS: CITY ATTORNEY: FINANCE DIRECTOR: '~____ MAYOR: FISCAL/BUDGET: Heard at Committees 9/16 CONSENT AGENDA [] OPERATIONS: Heard aL Commi trees 9/16 COUNCIL PRESIDENT: RECOMMENDED MOTION: 1. I move to approve the proposed ordinance on first reading. 2. I move to pass Ordinance No. on second reading. COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action ORDINANCE NO. AN ORDINANCE of the City Council of the City of Bremerton, Washington, invoking the City's authority under Chapter 35.81 RCW, "The Housing Cooperation Law," to aid and cooperate with the Bremerton Housing Authority and the Kitsap County Consolidated Housing Authority in the planning, undertaking and construction of housing projects by providing for planning and development parameters for the redevelopment of Westpark in order to provide for housing and other related uses as authorized by said law. WHEREAS, the Bremerton Housing Authority ("BHA") and the Kitsap County Consolidated Housing Authority (the "Housing Authority") are corporate bodies exercising governmental functions as housing authorities pursuant to Chapter 35.82 RCW; and, WHEREAS, policy of the Housing Element of the Comprehensive Plan of the City of Bremerton supports the efforts of the Housing Authority in developing and managing affordable housing in Bremerton; and, WHEREAS, the Housing Authority desires to redevelop an area of distressed housing in the City known as Westpark; and, WHEREAS, Chapter 35.83 RCW, The Housing Cooperation Law, declares that it is in the public interest for any public body to provide aid and assistance to housing authorities operating within its boundaries and further authorizes cities and housing authorities to enter into agreements for the purpose of aiding and cooperating in the planning, undertaking, and construction of housing projects. To that end, public bodies such as the City of Bremerton may plan or replan, zone or rezone, make exceptions from building and development regulations and change its comprehensive plan and zoning maps in order to assist development by a housing authority; and, WHEREAS, City of Bremerton desires to cooperate with the Housing Authority to facilitate the planning, undertaking, and construction of the proposed project for Westpark; and, WHEREAS, the Housing Authority desires to secure funding to assist in the relocation of residents and redevelopment of Westpark, which funding is of limited duration and will be lost if the project is not approved and developed in the very near future; and, WHEREAS, the current comprehensive land use and zoning designations are not consistent with the proposed project and the time required to amend such designations will jeopardize potential funding and redevelopment of Westpark; and, WHEREAS, the need to adopt land use and zoning designations consistent with the proposed Westpark project is immediate; and 1 Housing Cooperation - Westpark WHEREAS, new comprehensive land use designations and development parameters must be in place if the project is to be funded and low income housing made available in a more timely and affordable manner; and, WHEREAS, exemptions from the current comprehensive land use and zoning designations are necessary for the project to go for~vard; and, WHEREAS, RCW 35.83.030(4) and RCW 35.83.030(8) allow the City Council to undertake such cooperation as herein provided; and, WHEREAS, the City Council desires to establish new comprehensive land use designation and development parameters for the Westpark area to allow redevelopment of Westpark; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHiNGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION1. The recitals set forth above are hereby incorporated as if set forth herein in full. SECTION2. The City Council hereby invokes the City's authority under Chapter 35.81 RCW, "The Housing Cooperation Law," to plan or replan, zone or rezone, make exceptions from building regulations and ordinances and change its comprehensive plan and zoning maps in order to aid and cooperate with the Bremerton Housing Authority and the Kitsap County Consolidated Housing Authority in the planning, undertaking and construction of housing projects by providing for comprehensive land use designation and development parameters for the redevelopment of Westpark in order to provide for housing and other related uses as authorized by said law. SECTION3. There is hereby made an exception for Westpark from the current comprehensive land use and zoning designations for the area. SECTION4. There is hereby adopted the comprehensive land use and zoning designations and the conceptual development plan and related Statistics as set forth in Exhibit A, incorporated herein by this reference, and further that redevelopment for Westpark is hereby authorized and approved pursuant to said designation and plan. SECTION 5. The comprehensive land use designations for Westpark as established herein are subject to and may be amended or modified by the comprehensive plan amendment process currently being undertaken and pursuant to any subsequent amendment, which amendment(s) may be through ordinance or resolution and further zoning map and designations for Westpark to implement Exhibit A shall be adopted by the City. SECTION 6. Severabilit¥. If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not 2 ~ [ Housing Cooperation - Westpark affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. SECTION 7. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. APPROVED by the City Council the day of ,2003 PASSED by the City Council the day of __, 2003 CAROL ARENDS, Council President Approved this day of ,2003 CARY BOZEMAN, Mayor ATTEST: APPROVED AS TO FORM: KATHLEEN MCCLUSKEY, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the _ day of _, 2003 EFFECTIVE the day of _, 2003 ORDINANCE NO. R:\LEGAL\Ordinances\Community Development~lousing Cooporation.doc Housing Cooperation - Westpark '53 Exhibit A