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05/28/03 AGENDA
239 4th Street · Bremerton, WA 98337 · Phone (360) 478-5280 · Fax (360) 478-5251 CITY COUNCIL MEETING AGENDA MAY 28, 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. Contract Award for Construction of Pump Station No. 8 for W650 Pressure Zone Improvements (#AB03-097) B. Renewal of Lease Agreement with DEPARTMENT OF THE NAVY to Monitor Wells at N.A.D. Marine Park (#AB03-098) C. Acceptance of Drinking Water State Revolving Funds (#AB03-099) 4. CLAIMS/CHECK REGISTERS 5. COUNCIL MEMBER REPORTS 6. MAYOR'S REPORT 7. PUBLIC RECOGNITION - Comments limited to 3-minutes 8. NEVV BUSINESS A. Professional Services Agreement with ZIMMER-GUNSUL-FRASCA PARTNERSHIP for Government Center Space and Tenant Improvement Design Services (#AB03-100) B. Management Agreement with COLUMBIA HOSPITALITY, INC. for Conference Center (#AB03-101) C. Amendment to Interlocal Agreement between CITY OF BREMERTON and KITSAP PUBLIC FACILITIES DISTRICT for Funding, Development, and Operations of the Kitsap Regional [Bremerton] Conference Center (#AB03-102) CONTINUED ON BACK .... E-mail: citycouncil@ci.bremerton.wa.us · Web: v,,ww.ci.bremerton.wa.us 9. PUBLIC HEARINGS - ORDINANCES & RESOLUTIONS A. Ordinance No. 4855 [Second Reading] approving SWC PARTNERSHIP Rezone from Single Family 3 (SF-3) to General Business (GB) for 3915 Wheaton Way (#AB03- 094) B. Ordinance No. 4856 [Second Reading] relating to Transportation Development and Improvement (#AB03-095) C. Ordinance No. 4857 [Second Reading] amending BMC Chapter 11.02 relating to Long Term Right-of-Way Permits (#AB03-096) D. Ordinance [First Reading] relating to Restructuring the Departments of Finance and Administrative Services into a new Department of Administration and Finance; creating a new Job Description for the Director of Capital Projects position; and modifying other Job Descriptions within the new Department (#AB03-103) 10. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING DATE SUBMITTED: May 2, 2003 BILL # AGENDA BILL CITY OF BREMERTON 3A CITY COUNCIL SUBJECT: Award Contract for Committee Meeting Date: May 20, 2003 Constraction of Pump Station No. 8, West COUNCIL MEETING Date: May 28, 2003 650 Pressure Zone Improvements Department: PW&U, Engineering Presenter: Robert Earl Phone: 473-5344 SUMMARY: Sealed bids for construction of the project titled "West 650 Pressure Zone Improvements, Pump Station No. 8" were opened on May 22, 2003. The engineer's estimate for the pr0~e~t is $ ~2~,c:~:x:~. ~---. . ~f~( bids were received for this project. ! $~ ti C. orl$"~erP-;~D ;|m a, was the lowest responsive, responsible bidder with a bid of $ 5~.5'. '~'7'5. ~50 (including sales tax). / ATTACHMENTS: 1) Bid Tabulation; 2) Project Map FISCAL IMPACTS (Include Budgeted Amount): None; 2003 budget for this project is $825,000 APPROVALS: ~ DEPARTMENT DIRECTOR: CITY ATTORNEY: MAYOR: FISCAL/BUDGET: ~ ,~~t ~' ~' (-'O [*\~'-~- ~k~' OPERATIONS: ~"-~ I '.~3C~~ ~ ' , COUNCIL PRESIDENT: RECOMMENDEI) MOTION: I move to award a contract in the amount of $ 5'7 '~t 3 '7 5. ~ O with .[& r ~c/ ~ rlS"~"c~..'~"o }-It [ nC... for construction of the project titled "West 650 Pressure Zone Ir/~provements, Pump Station No. 8" and authorize the Mayor to execute the necessary contract documents for construction. AGENDA STATUS: Consent [] New Business [] Old Business [] Ordinance [] COUNCIL ACTION: [] Approve [] Deny [] Postpone [] No Action Resolution [] Public Hearing [] Information [] Study Session [] ab, Agenda Bills 2003, Award Contract for Construction of PS 8 W 650 , ~ %I~l: ~ ~ I DATE SUBMITTED: May 14, 2003 BILL # h) D - _ AGENDA BILL CITY OF BREMERTON ~ CITY COUNCIL SUBJECT: Lease Agreement for Navy Committee Meeting Date: May 21, 2003 Monitoring Wells at N.A.D. Marine Park COUNCIL MEETING Date: May 28, 2003 Department: Parks & Recreation Presenter: Jodi Wroblewski Phone: 473-5429 SUMMARY: In 1998 the Navy leased two plots of land, one at the north end of the park and one at the south end of the park - each measuring approximately 36 square feet and each to be used for the installation, operation and maintenance ora monitoring well. The lease expires May 31, 2003. The Navy wishes to extend this arrangement for another five years. For this they will continue to pay rent of $100 per year. ATTACHMENTS: 1. Cover letter and Lease Agreement 2. Location diagram FISCAL IMPACTS (Include Budgeted Amount): The Department receives $100 per year. There are no City maintenance or operations issues associated with this property. APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: MAYOR: FISCAL/BUDGET: COUNCIL PRESIDENT: RECOMMENDED MOTION: That the City Council authorized the Mayor to execute the lease agreement subject to current City Administrative Policies and Procedures. AGENDA STATUS: Consent [] New Business [] Old Business [] Ordinance [] COUNCIL ACTION: [] Approve [] Deny [] Postpone [] No Action Resolution [] Public Hearing [] Information [] ~- Study Session [] ,~ DEPARTMENT OF THE NAVY ENGINEERING FIELD ACTIVITY, NORTHWEST 11011 05LR.SL/NW03-030 NAD Park APR ,28 2003 Mr. Jim Spencer City of Bremerton Parks and Recreation Department 680 Lebo Boulevard Bremerton, WA 98310 Dear Mr. Spencer: Navy Lease N4425596RP00G11 covering the Navy's use of two small plots of land at NAD Marine Park to site and operate water monitoring wells will expire by its terms on May 31,2003. We are writing this letter to obtain a lease extension for an additional five years. Accordingly, we enclose the original and three copies of Modification Four to the lease. The modification shows the new lease terms. If the modification appears in order, please sign all four copies and return them in the enclosed envelope marked Code 05LR.SL. A fully executed copy will be returned for your records. Please call Steve Lowery at (360) 396-0905 if you have questions regardin9 the proposed lease extension. Sincerely, MICHAEL D. BRADY Director, Real Estate Enclosures: 1. Modification 4 (orig + 3 cys) 2. Return Envelope AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT I I CONTRACT IDCODE I FAGE OF PAGES t 12 2 AMENDMENT/MODIFICATION NO 3 EFFECTIVE DATE 4. REQUISITION/PURCHASEREQ NO, 5. PROJECTNO (appliCable) Four (4) 1' June 2003 xx 6 ISSUED BY CODE 05LR ? ADMINISTERED BY (If other than Item 6) CODE ~ Commanding Officer Engineering Field Activity Northwest 19917 7th Avenue NE Poulsbo, WA 98370-7570 8 NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and Zip Code) 9A. AMENDMENT OF SOLICITATION NO, City of Bremerton C/O Parks and Recreation Department ge. DATED (SEE ITEM 11) 680 Lebo Boulevard Bremerton, WA 98310 10A. MODIFICATION OF CONTRACT/ORDER NO. N4425598RP00Gll 10B. DATED (SEE ITEM 11) As of 1 June 1998 CODE I FACILITY CODE 11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS [] The above numbered solicitatlen is amended as set forth in ltem14. Thehourandda~especifiedtormceiptofOffers [~ is extended, [] is not extended Offers must acknowledge receipt of Ihis amendment pdor to the hour and date specifisd in the solichalion or as amended, by one of the following methods: (a) S y completing items 8 and 15. and returning - -- copies of the amendment; (b) By acknowtedging receipl of this amendment on each copy of ~he offer submitted; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT iN REJECTION OF YOUR OFFER. It by virtue et this amendment ~,~ur desire to change an offer already submitted, such change may be made by telegram or ~elter, provided each telegram or lelter makes reference ~o the s01icitalion and this amendment, and is received prior to the opening hour and date sbecl~ed. 12. ACCOUNTING AND APPROPRIATION DATA (if required) AF 17 03031804 KU2E 0252 68711 P 068732 2D AF00P5 AF8RP00G11ER $100.00 13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED 1N ITEM 14. CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specif~ authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A~ ] B. THE ABOVE NUMBERED CONTRACT/ORDER IS MOOIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, approphation date, etc. ) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR.103(b). - [] C. THIS SUPPLEMENTAL AGREEMENT IS EN [ bH~U INTO PURSUANT TO AUTHORITY OF: ] D. OTHER (Specify type of modification and authority) E. IMPORTANT: Contractor [] is not, [] is required to sign this document and return 4 copies to the issuing office. 14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitatioWcontract subject matter where feasible.) AMENDS PARAGRAPH 5 OF THE LEASE TO READ AS FOLLOWS: SEE ATTACHED CONTINUATION SHEET Except as provided hatein, all terms and condlticns of the document rel'erenced in Item gA or 10A~ as heretofore chant~nd, remains unchanged and in tull force and effect. 1 SA. NAME AND TITLE OF SIGNER (Type or pdnt) 16A. NAME AND TITLE OF CONTRACTING OFFICER {Type or pdn~) MICHAEL D. BRADY REAL ESTATE CONTRACTING OFFICER 15B. CONTRACTOPJOFFEROR I 15C. DATESIGNED 16B. UNITED STATES OF AMERICA I 16C. DATE S~GNED (Signature of person authorized to sign) (Signature of Contracting Officer) NSN 7540-01-152-8070 STANDARD FORM 30 (Rev. Page 2 of 2 Modification 4 N4425598RP00G11 Payment Schedule Navy Lease N4425598RP00G11 With City of Bremerton This lease may be renewed, at the option of the Government, for the following temas at the following rentals Period Covered Due Amount 1 Jun 03-31 May 04 1 Jun 04 $100.00 1 Jun 04-31 May 05 1 Jun 05 $ 100.00 1 Juan 05-31 May 06 I Jun 06 $ 100.00 1 Jun 06-31 May07 1 Jun07 $ 100.00 I Jtm 07-31 May08 1 Jun08 $ 100.00 Provided notice be given in writing to the Lessor at least 30 days before the end of the original term or any renewal term; all other terms and conditiom of this lease shall remain the same during any renewal term. Said notice shall be computed commencing with the date of mailing. PT ~Lt OSTRICH j ~-*' - ..... BAY .... ~:. , . ' 8 9 ...'.'- t ' , ' ' ~ O~TE ~AKE ~ ~ K~rs~ DATE SUBMITTED: 5/23/03 BILL # (~) ~, '- C, AGENDA BILL CITY OF BREMERTON 3C CiTY COUNCIL SUBSECT: Acceptance of Construction Committee Meeting Date: 5/27/03 Loan Agreements No. 02-65102-002, 02- COUNCIL MEETING Date: 5/28/03 65102-003, 02-65102-004. Department: PW&U, Engiuncering Presenter: Thomas Knucke¥ Phone: 473-2376 SUMMARY: The City has been awarded three Drinking Water State Revolving Fund Loans; NAD Park Bank Stabilization ($510,000), Casad Dam Valve Replacement ($127,500), and Pump Station 4 Upgrade ($1,058,760). The agreements are under the same terms and conditions as prior agreements. ATTACHMENTS: None FISCAL IMPACTS (Include Budgeted Amount): Funds would not be available for the affected projects. APPROVALS: ~j DEPARTMENT DIRECTOR: CITY ATTORNEY: MAYOR: ~.~~ ~ FISCAL/BUDGET: OPERATIONS: COUNCIL PRESDENT: RECOMMENDED MOTION: I move to approve Drinking Water State Revolving Funds No. 02- 65102-002, 02-65102-003, and 02-65102-004, and authorize the Mayor to execute the same. AGENDA STATUS: Consent [] New Business [] Old Business [] Ordinance [] COUNCIL ACTION: [] Approve [] Deny [] Postpone [] No Action Resolution [] Public Hearing [] Information [] Study Session [] DATE SUBMITTED: May 5, 2003 BILL # ~'~'~ '- I ©'(3 AGENDA BILL 8A CITY OF BREMERTON CITY COUNCIL SUBJECT: Government Center Space and Committee Meeting Date: May 20, 2003 Tenant Improvement Design Services - COUNCIL MEETING Dat~: May 28, 2003 Zimmer-Gunsul-Frasca Partnership Department: Econ Dev. Presenter: Kathleen McCluskey Phone: 473-5234 SUMMARY: The new Government Center will be complete in September 2004. Each owner will be resonsible for their own interior space planning and design. Two design firms were interviewed to provide programming, space planning, interior"design and preparation of construction documents. It is recommended that the city hire Zimmer-Gunsul-Frasca Partnership, a Seattle architect and design firm. In addition to numerous corporate clients, ZGF Partnership has a variety of experience designing space for municipal governments. ATTACHMENTS: Professional Services Contract. FISCAL IMPACTS (Include Budgeted Amount): $40,000.00. Tenant Improvement funding is included in the Government Center Bond Issue at about $30.00 a sfuseable space which equates to approximately $500,000.00. APPROVALS: DEPARTMENT DIRECTOR: ~~ CITY ATTORNEY: :l( />''- FISCAL~BUDGET: OPERATIONS: ~,-~.. ' COUNCIL PRESIDENT: RECOMMENDED MOTION: Motion to approve Professional gerviees Agreement with Zimmer- Gunul-Frasca Partnership for programming, space planning, interior design and preparation of construction documents for the city offices in the new Government Center. AGENDA STATUS: Consent [] New Business [] Old Business [] Ordinance [] COUNCIL ACTION: [] Approve [] Deny [] Postpone [] No Action Resolution [] Public Hearing [] PROFESSIONAL SERVICES AGREEMENT Zimmer-GunsuI-Frasca Partnership Government Center Tenant Improvement Design Services The City of Bremerton ("City") and Zimmer-Gunsul-Frasca Partnership, ("Contractor"), referred to collectively as the "Parties," enter into the following Agreement for professional services: I. Scope: The Contractor will perform programming, space planning, interior design and preparation of construction documents as more fully described in Exhibit "A" to this agreement. H. Term: This Agreement commences on May 28, 2003 and terminates on December 31, 2003 unless another date is substituted pursuant to Sections VI. (D). or VIII. 121I. Compensation: In consideration of the services provided pursuant to this Agreement, the Cky shall pay Contractor an amount not to Exceed $40,000.00 (Forty Thousand Dollars) pursuant to rates stated in Exhibit "B" attached. IV. Relationship of Parties: Contractor is skilled in the matters addressed in the Scope of Work and is performing independent functions and responsibilities within its field of expertise. Contractor and its personnel are independent contractors and not employees of the City. Contractor and its personnel have no authority to bind the City or to control the City' s employees and other contractors. As an independent contractor, Contractor is responsible for its own management. The City's administration and enforcement of this Agreement shall not be deemed an exercise of managerial control over Contractor or its personnel. As an independent contractor, Contractor is responsible for payment of all taxes and licensing fees necessary to perform its obligations under this Agreement. These taxes and fees include but are not limited to State industrial insurance, B&O, State professional licensing, and Cky 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 fi.om the delinquency, from any payments due Contractor. V. Insurance and Hold Harmless: Prior to the commencement date of this Agreement, Contractor shall provide Certificates of Insurance to the City's Risk Manager verifying the following coverage: 1) a professional liability policy ("E&O") providing coverage of Two Million Dollars ($2,000,000.00) for errors and omissions committed by Contractor while performing its obligations under this Agreement, and 2) a comprehensive general liability ("CGL") policy providing coverage of at least $500,000 per occurrence and including bodily injury and property damage. The CGL shall name the City as an additional insured. Both policies shall remain in full force and effect, and provide coverage for the full term of this Agreement. Zinuner -Gunsul-Frasca Partnership Page 1 of 5 Insurer shall provide the Risk Manager with 30 days' written notice of any cancellation or change of coverage of either policy. Contractor shall be solely responsible for the acts and failures to act of its personnel, which arise in any way out of performance of this Agreement. Contractor agrees to defend, indemnify, and hold harmless the City and its officials and employees from and against all liability, loss, damages, and expenses, including costs and attorneys' fees, resulting from actions, claims, and lawsuits arising or alleged to have arisen, in whole or in part, out of or in consequence of the acts or failures to act of Contractor, its employees, its subcontractors, its agents, or ks assigns in the performance of this Agreement. The City and Contractor have specifically negotiated Contractor's waiver of its immunity under Title 51 RCW, which is hereby waived for purposes of Contractor's indemnification and hold harmless of the City, including the duty to defend. This provision shall be inapplicable to the extent such action, claim, or lawsuit is judicially found to arise solely from the acts or failures to act of the City. VI. General Conditions: A. Reports and Information: When requested by the City, Contractor shall furnish periodic reports and documents on matters covered by this Agreement. The reports and documents shall be furnished in the time and form requested. Contractor shall maintain accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to substantiate all billed amounts. B. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. C. Severability: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. D. Modification: This Agreement may only be modified by written instrument signed by both Parties. E. Notices: Notices shall be in writing and delivered to the following addresses: City Address Contractor Address City of Bremerton Zimmer-Gunsul-Frasca Partnership 239 Fourth Street 1191 Second Avenue Suite 800 Bremerton, WA. 98337 Seattle, WA. 98101 F. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power: Zimmer-Gunsul-Frasca Partnership Page2 of 5 G. Compliance with Laws: Contractor shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. H. Choice of Law and Venue: This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. I. Attorneys' Fees: In any dispute involving the City and the Architect or otherwise arising under or relating to this Agreement, each party shall be responsible for their own attorney's fees and costs, together with any and all expert fees. VII. Nondiscrimination: Contractor shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status, or disability, except for employment actions based on bona fide occupational qualification. VIII. Termination: This Agreement may be terminated, at will, by the City upon 30 days' notice to the Contractor. The City may immediately terminate this Agreement for cause if the Contractor substantially fails to perform and does not commence correction of the failure of performance within five days of the City's sending notice to the Contractor. Upon termination the City will be entitled to reports showing the status and/or all work products, independent of their stage of completion or preparation format. Zimmer-GunsuI-Frasca Partnership Name Date Title: CITY OF BREMERTON Cary Bozeman, Mayor Date Approved as to form: Roger Lubovich, City Attomey Department Responsible: Kathleen McCluskey Zimmer-Gunsul-Frasca partnership Page 3 of 5 DATE SUBMITTED: 5/14/03 BILL # ~" ~ - I {- AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Columbia Hospitality, Inc. Committee Meeting Date: May 20,2003 Conference Center Management Contract COUNCIL MEETING Date: May 28, 2003 Department: Economic Development Presenter: Gary Sexton Phone: 360.473.5282 SUMMARY: The management agreement is a five year agreement for Columbia Hospitality to book events, provide food and beverage services and manage the Conference Center Facility. The agreement establishes conditions for early termination, annual review, and opportunity for extension. The agreement includes the management fee schedule. ATTACHMENTS: Management Agreement between The City of Bremerton and Columbia Hospitality, Inc. FISCAL IMPACTS (Include Budgeted Amount): Estimated Capital and Operating expense of $200,000 in 2003 and $400,000 in 2004. Funds to be allocated from Hotel/Motel Tax Revenues and contingency reserve and additional allocations from the Kitsap County Public Facilities District ($75,000). APPROVALS: DEPARTMENT DIRECTOR: MAYOR:CITY ATTORNEY: OPERATIONS: COUNCIL PRESIDENT: RECOMMENDED MOTION: I move to approve and authorize the Mayor finalize and execute the Management Agreement between City of Bremerton and Columbia Hospitality, Inc. with substantially the same terms and conditions as contained in the proposed agreement. AGENDA STATUS: Consent [] New Business [] Old Business [] Ordinance [] COUNCIL ACTION: [] Approve [] Deny [] Postpone [] No Action Resolution [] Public Hearin~ [] 1 {~ Information [] DRAFT 5/14/03 MANAGEMENT AGREEMENT BETWEEN CITY OF BREMERTON AND COLUMBIA HOSPITALITY, INC. This agreement ("Agreement") is entered into as of the __ day of__ 2003 between the City of Bremerton, a Washington municipal corporation ("City") and Columbia Hospitality, Inc., a Washington corporation ("Contractor"). City is the owner of real estate described on Exhibit A on which it is constructing a conference center that is referred to herein as the "Conference Center". City desires to hire Contractor as the manager for the conference center on the terms and conditions described below. The Conference Center Mission Statement and Goals are set forth on Exhibit B (the "Mission Statement"). Contractor is experienced in providing management services for conference centers and is willing and able to provide the conference center services required by City. Now, therefore, the parties agree as follows: ARTICLE I. Appointment of Manager. 1.1 Purpose and Administration. The purpose of this Agreement is to establish a management services agreement whereby Contractor will provide certain management and related services on City-owned Conference Center. This Agreement is not a lease, nor does it create a leasehold interest or other similar property interest in Contractor to the Conference Center. 1.2 Scope of Services. Contractor's responsibilities include promoting and managing the use of the Conference Center; providing food and beverage service; providing other services as set forth herein related to the operation of the Conference Center; and providing janitorial services for the areas of Contractor's responsibility pursuant to this Agreement, except as otherwise agreed upon between the parties in writing. Additionally, Contractor shall provide competent personnel necessary for such operations and shall train and supervise them in their work. Contractor shall not conduct any other business or social activity on the Conference Center premises outside the scope of this Agreement, or use the Conference Center for any personal purpose without first having obtained the express written consent of City. In providing the general services described above, Contractor shall provide not less than the specific services set forth in the Scope of Services attached as Exhibit C. 1.3 Legal Relationship. 1.3.1 This Agreement shall not be construed as establishing a partnership or joint venture between City and Contractor, and neither party shall be liable for the debts or obligations of the other, except to the extent as may otherwise be expressly agreed to herein. Except as provided herein, neither party may make any representation or create any liability on behalf of the other, and no rights in any third party shall arise by virtue of these presents: 1.3.2 Contractor, its subcontractors, and their employees, are not employees of City and are not eligible for any benefits through City, including without limitation federal social security, health benefits, workers' compensation, unemployment compensation, and retirement benefits. 1.3.3 The parties agree and acknowledge that Contractor is an independent contractor and that no liability shall attach to City as a result of the acts or omissions of Contractor, its agents or employees. ARTICLE II. Facility. 2.1 The Facility. The facility ("Facility") is depicted on Exhibit D and shall consist of the Primary Premises and Additional Premises (collectively "Facility") as follows: 2.1.1 Primary Premises. Contractor shall be solely responsible for providing management services and responsibility for the following areas (the "Primary Premises"): 2.1.1.1 Conference Center Conference Rooms, including the Conference Center conference Room(s), the boardroom, the Conference Center Lobby and reception offices, the Conference Center pre-function area. 2.1.1.2 Conference Center Prep Kitchen and staff restrooms. 2.1.1.3 Storage room adjacent to Loading Dock. 2.1.1.4 Conference Center Bridal / Guest Dressing Rooms 2.1.1.5 Conference Center Storage Rooms adjacent to receiving area, prep kitchen. 2.1.1.6 Conference Center Sales Office 2.1.1.7 Conference Center restrooms 2.1.1.8 Conference Center Business Services Center, located 2.1.1.9 Conference Center Patio 2.1.L10 Audio - Visual Room 2.1.1.11 Corridor between Conference Center conference rooms and prep kitchen and rest rooms 2.1.1.12 Janitor Closet, Electrical and Communications Rooms 2.1.2 Additional Premises. In addition to the Primary Premises, Contractor may use, book, arrange and conduct events in the following additional premises (the "Additional Premises"), and, in any event, Contractor shall be the exclusive provider of food, beverage and event booking and production services in the following Additional Premises: 2.1.2.1 Conference/Hotel Plaza area. In the event that Contractor utilizes any of the Additional Premises, all of the terms of this Agreement shall apply for the period of use to those portions of the Additional Premises utilized; provided, however, Contractor shall not have the obligation of maintenance and repair as set forth in Section 6.5.2 hereof, but instead shall be responsible for returning any portion of the Additional Premises utilized in as good and clean a condition as when received. 2.2 City's Right to access Facility. City may access and utilize the Facility as follows: 2.2.1 Repair & Maintenance. City will take reasonable steps not to interfere with scheduled events of the Conference Center when performing maintenance and repair to Conference Center. When altering or constructing major improvements to the Conference Center, City will provide reasonable advance notice to Contractor so as to minimize disruption to the operation of the Conference Center. Pursuant to Section 6.5.2, Contractor shall be responsible for maintenance and repair of the Primary Premises. 2.2.2 Use & Occupancy. Except as otherwise expressly provided in this Agreement, City shall have no right to use or occupy the Primary Premises, other than as a customer of the Conference Center. ARTICLE III. Term 3.1 Initial Term. Pursuant to IRS Revenue Procedure 97-13, the term of this Contract shall be five (5) years, commencing on , 2003, and expiring , 2008. Pursuant to IRS Revenue Procedure 97-13, the City reserves the right to terminate this Agreement, without cause and without penalty or costs, at the end of the third year. 3 In such event, the City shall at least provide Contractor ninety (90) days prior written notice to terminate. 3.2 Renewal of Term 3.2.1 Automatic Renewal. Provided that Contractor is not in default (as described in Article XI), this Agreement shall automatically renew for additional one year terms unless either party provides ninety (90) days written notice to terminate prior to the expiration of each term.3.2.2 Pro Forma & Capital Plan. In conjunction with any notice to extend the term of this Agreement, Contractor shall submit an updated Pro Forma (as described in Section 6.5.4) analyzing the Facility's projected operations during the extended term and a Capital Improvement Plan setting forth proposed improvements to be made to the Facility to ensure that it continues to operate in accordance with the Mission Statement. The updated Pro Forma shall represent a realistic assessment of the operations to be conducted and shall be subject to City's approval. The Capital Improvement Plan shall address the Primary Premises and the Additional Premises separately, shall indicate whether each of the proposed improvements involve repair/replacement or additions to the Facility. Implementation of the Capital Plan shall be subject to City's consent, in its sole discretion. 3.2.3 Compensation For Renewal Term. The compensation structure in force during the final year of the Agreement shall remain in force throughout any renewals of this Agreement except as may be adjusted pursuant to Section 4.3 or except as may otherwise be agreed. ARTICLE IV. Compensation. Contractor shall be paid compensation to include a fixed fee and a percentage fee as full compensation for work performed as follows: 4.1 Fixed Fee to Contractor. As compensation of work performed; services rendered; and all labor, materials, supplies, equipment and incidentals necessary to perform the work and services, in the management of the Conference Center pursuant to this Agreement; City shall pay to Contractor an annual fixed fee (the "Fixed Fee"). The Annual Fixed Fee shall be $72,000, which shall be paid in equal monthly installments of $6,000 payable on the last day of the month following the month for which services are provided. 4.2 Percentage Fee to Contractor. As compensation for work performed; services rendered; and all labor, materials, supplies, equipment and incidentals necessary to perform the work and services in the management of the Conference Center pursuant to this Agreement, City shall pay to Contractor a percentage fee of 1.5% of gross revenue, net sales tax, over a base monthly average gross revenue, in equal monthly installments (pro-rata as appropriate) payable on the last day of the month following the month for which services are provided. 4 If the payment date falls on a weekend or holiday, the payment shall be due on the first working day following the weekend or holiday. Kitsap County has issued $11,395,000 Limited Tax General Obligation Bonds, Series 2002A on April 11, 2002, in part to finance the Kitsap Public Facilities District's contribution towards construction of the Conference Center. As a condition to receipt of such funds, City has agreed not to take actions with respect to the Conference Center which would jeopardize the tax-exempt status of the bonds. Therefore, pursuant to IRS Revenue Procedure 97-13, the Percentage Fee paid to Contractor for any fiscal year beginning January 1 and ending December 31, net of sales tax shall not exceed the Fixed Fee for that fiscal year. In the event it appears that the percentage fee will exceed the fixed fee, City shall adjust the fee schedule to comply with this provision and, in doing so, shall attempt to maintain the actual percentage of compensation realized (based on fixed fee and percentage of revenue from the compensation formula compared to total revenue) that is realized from the compensation formula originally established above. During the first year of operation, the percentage fee and fixed fee shall be adjusted on a monthly basis as necessary to comply with the fixed/percentage fee requirements of these Revenue Procedures. The gross revenue figures set forth in this Article are based on a calendar year and for the year 2003, beginning January 1 as if this Agreement was in effect on such date. 4.3 Fee Adjustment. The fixed fee/percentage formula in sections 4.1 and 4.2 above will be evaluated on an annual basis and adjusted as necessary to comply with IRS Revenue Procedure 97-13 and further as may be agreed upon between the parties. 4.4 Definitions. For purposes of this Agreement, the following terms have the meanings set forth below. 4.4.1 Gross Revenues. "Gross Revenues" means all income for any period, whether in cash or on credit (computed on an accrual basis in accordance with generally accepted accounting principals), received for venue use, food, beverage, services, commissions from subcontractors, or goods supplied to Facility users. Gross Revenues do not include the following: 4.4.1.1 Federal, State and local excise, sales, use or admissions taxes collected directly from patrons as part of or based on the sales price of goods and services. 4.4.1.2 Gratuities collected by or on behalf of employees (except that portion of gratuities kept by Contractor for Contractor's on-site staff incentive pool) 5 4.4.1.3 Contributions by City to the Operating Account (as defined in Section 6.5.8.2) or any payments to cover deficits in the Operating Account of the Facility. 4.4.1.4 Interest on funds in the Operating Account or the Capital Reserve Account (as defined in Section 6.5.8.3). 4.4.2 Operating Expenses. "Operating Expenses" means the aggregate of the following Facility expenses: 4.4.2.1 Cost of operations, maintenance, and repair of all operating equipment and replacement of minor items initially supplied by City and cost of operating supplies. 4.4.2.2 Contractor's expense associated with the cost of compensation, benefits and payroll taxes of all employees working full or part time at the Facility or while performing duties with respect to the Facility from other locations, including, without limitation, at Contractor's office, excluding Contractor's executive personnel and the portion of gratuities kept by Contractor employees. For proposes of this provision, Contractor's Chief Executive Officer and its Chief Financial Officer and their successors are Contractor's executive personnel. City has the right to approve all time spent and billed to the Facility operations by Contractor personnel located outside the Facility. 4.4.2.3 Cost of utilities servicing the Facility. 4.4.2.4 Cost of repair and maintenance of the Facility, excluding maintenance and repairs that are City's sole responsibility. 4.4.2.5 Cost of liability insurance required under this Agreement and any deductibles or reasonable costs to cover any self-insured losses except if Contractor or its employees were grossly negligent. 4.4.2.6 Cost of all business taxes (except for business and occupations taxes on an management fees paid to Contractor by City and valid third party assessments payable by Contractor with respect to the operation of the Facility, excluding federal, state and local income taxes payable by Contractor which are Comractor's sole responsibility). 4.4.2.7 Cost of reasonable legal, accounting and auditing fees for services directly related to the preparation for opening and to the operation of the Facility, provided, however, that each party shall bear its own legal and accounting fees associated with the negotiation and drafting of this Agreement. 4.4.2.8 Costs of technical consultants and specialized operational experts for specialized services in connection with non-recurring work on operation, functional, design or construction problems. 4.4.2.9 All costs and expenses for marketing, advertising, promotion and sales activity directly related to the Facility, including travel, food and beverage and lodging while away from City on these activities; City will reimburse Contractor for these expenditures to the extent they were incurred in accordance with City's travel policies, a copy of which is attached as Exhibit 4.4.2.9. 4.4.2.10 All Section 6.3 Pre-Opening costs and expenses. 4.4.2.11 Contractor's fees pursuant to Sections 4.1 and 4.2. 4.4.2.12 All other reasonable charges and expenses in the operation and management of the Facility to the extent set forth in the Annual Plan or otherwise authorized by City in writing. 4.4.2.13 Cost for providing food, beverage, and event production services for events at the Facility. 4.4.2.14 To the extent not reflected in the above sub paragraphs, all other amounts paid from the Operating Account excepting only distributions of Net Operating Income to City. 4.4.2.15 Deposits into the Capital Reserve Account. 4.4.2.16 Exceptions. Notwithstanding the foregoing Operating Expenses do not include depreciation or amortization of the Facility fixtures, furniture or equipment ("FF&E") therein, debt service on any bonds or indebtedness to construct the Facility, costs of repairing or maintaining the roof, exterior, foundations and structural components of the Facility, costs to repair or replace construction or design defects in the Facility, premiums for property insurance (including on any artwork owned by City) carried by City and any deductibles or self-insured losses in connection therewith, or any costs that are City's responsibility under Article V. 4.4.3 Net Operating Income. "Net Operating Income" (or "NOI"), which may be measured for a monthly, quarterly or yearly period, means Gross Revenues or the period minus Operating Expenses for the period. 4.5 Reimbursable Expenses. Contractor shall be reimbursed for any Operating Expenses to the extent paid directly by Contractor and not out of the Operating Account. ARTICLE V. City Responsibilities 5.1 Parking. City shall provide for at least parking spaces at the Conference Center garage for use by patrons of the Facility at then prevailing market rates or as otherwise negotiated by Contractor. City will provide parking as requested by Contractor if Contractor provides ten (10) day's notice of a need for parking in conjunction with an event at the Facility. Patrons do not include any employees or subcontractors of Contractor. City shall provide, as available, parking after 17:00 for use by employees and caterers of the Facility at a negotiated hourly rate. City will provide seven (7) spaces for senior staff of the Facility at monthly market rates. 5.2 Repair & Maintenance. City, at its sole expense, shall repair and maintain the mol, foundations, fire suppression system, HVAC system, elevators, escalators, security system, dock structure (if any), structural components and all exterior elements of the Facility. 5.3 Noninterference. While Contractor will consult with and keep City advised of the operations of the Facility, Contractor has the sole responsibility to manage the day-to-day operations of the Primary Premises and the Event Activities occurring within the Additional Premises. To the extent City's consent or approved is required under this Agreement, such consent or approval may not unreasonably be withheld. City may, however, withhold its consent whether or not such withholding is considered unreasonable if Contractor's proposed actions are deemed by City to be inconsistent the Mission Statement, with the Annual Plan, the Pro Forma as adjusted for actual results, or other City approved operating policies. 5.4 Initial Contributions of Operating Expense Funds. Within __ days of executing this Agreement, City will provide Contractor with ($ ), for deposit into the Operating Account, which sum is intended to cover the Facility's pre-opening sales and marketing expenses described in Section 6.3 from the date of this Agreement through July 2003. On or before June 30, 2003, City will provide Contractor with ($ ), which is intended to cover pre-opening sales and marketing expenses described in Section 6.3 between August 2003 and December 2003. City will provide Contractor with . ($ ), which is intended to cover pre-opening Operating Expenses between January 2004 and July 2004. Contractor and City will review the Working Capital amount on a periodic basis to determine the sufficiency of that amount in light of the Mission Statement, the Operating Plan and the Pro Forma. Funds shall be disbursed from this account for payment of actual and direct expenses paid by Contractor to unrelated third party service providers. 5.5 Funding of Operating Account. Subject to the review provisions in this Agreement, City will pay into the Operating Account the amount in any monthly period by which Operating Expenses exceed the sum of Gross Revenues ("Operating Deficit"). Contractor shall promptly return to City any amounts remaining in the Operating Account upon termination of this Agreement. Contractor will provide copies to City of all monetary statements of Operating Account activity. City will make monthly payments of any Operating Deficits within ten (10) working days after receipt of the monthly operating statement as required under Section 6.5.10, an invoice, and appropriate documentation supporting the invoice amount. Funds shall be disbursed from this account for payment of actual and direct expenses paid by Contractor to unrelated third party service providers.5.6 Sales of Goods at the Facility. City reserves the right to approve any items sold at the Facility or items that carry any sort of identification with the Facility, except for food and beverage as provided as part of a function under this Agreement. Such approval will not be unreasonably withheld. ARTICLE VI. Contractor Responsibilities. 6.1 Professional Skill & Judgment. Contractor shall use its highest standard of professional skill and judgment in managing the Facility and shall use all reasonable efforts promote the reputation and financial success of the Facility. Contractor shall at all times undertake its activities in a manner consistent with the Mission Statement. Contractor will be responsible for the overall management of the Facility, including, without limitation, the services described in this Article VI. In so doing, Contractor may, at its option, directly perform such services itself and on an exclusive basis or through the use of a short list of preferred vendors. If Contractor chooses to work with preferred vendors or sub-contractors, it is authorized and directed to use its sole discretion and good faith judgment in choosing and managing such vendors and sub-contractors. 6.2 Pre-opening Consultation Service. At Contractor's sole expense, it has provided consulting services to City and its design and development team from June 2002 through and including March 2003 on an as needed basis. 6.3 Pre-Opening Sales & Marketing. At City's sole expense, Contractor shall provide consulting and management services to City and its design and development team as agreed upon in writing by the parties from April 2003 through the Facility opening, now anticipated to be July 2004. [Note: what if construction delay?] 6.3.1 Open virtual sales office immediately upon execution of this Agreement, and open a physical sales office when mutually deemed appropriate. 6.3.2 Design and conduct pre-opening and periodically updated market research. 6.3.3 Recommend marketing objectives and strategies based on market research findings and other relevant information. 6.3.4 Finalize and implement introductory Conference Center marketing plan. Review and if prudent, modify the Conference Center marketing plan on an annual basis. 6.3.5 Develop graphic identity standards for Conference Center's brand and its commu~nications, including logo, cards, business forms, stationery, collateral marketing materials and signage. 6.3.6 Engage in marketing, advertising, public relations and sales efforts in accordance with mutually agreed upon marketing plan and related budget. 6.3.7 Develop and produce a Conference Center web site and strategy. 6.3.8 Establish and monitor internal systems and procedures for managing, monitoring and measuring marketing efforts. 6.3.9 Produce periodic pre-opening marketing events. 6.3.10 Engage such other pre-opening operating activities as deemed necessary in order to assure that the Facility is customer-ready when it opens for business. 6.4 Use Policies & Procedures 6.4.1 Establish Facility use pricing, policies and procedures as approved by City. 6.4.2 Establish Facility based food & beverage service pricing, policies and procedures. 6.4.3 Establish audio-visual equipment rental pricing, and use policies and procedures. 6.4.4 Establish conference center package sale pricing, policies and procedures. 6.4.5 Identify and select qualified preferred vendors and sub contractors, secure appropriate business agreements and monitor related business relationships. 6.4.6 Establish central reservation system for booking BCC conference and boardrooms as well as related food, beverage and audio-visual services. 6.5 Day-to-Day Operations. Subject to the provisions of Section 6.5.2 below and Section 12.5, Contractor shall perform, or retain and manage subcontractors to perform, the following services during the term and any extended term of this Agreement: 6.5.1 Personnel. Contractor shall hire, train, manage and terminate, as appropriate, all employees and subcontractors hired or retained to assist in the operation of the Facility. All personnel hired by Contractor for the Facility are Contractor's employees or sub-contractors and not City's. 6.5.2 Maintenance. Contractor shall undertake normal maintenance and repair to the Primary Premises and ail other FF&E. Contractor shall comply with RCW Chapters 39.04, 39.12 and 39.80 and sections 53.08.120 and 53.08.130, if and as applicable, for maintenance and repairs. In this regard, Contractor will periodically seek the advice of City in such matters and City will provide administrative and purchasing support to Contractor if requested. Contractor may not undertake physical alterations (excluding paint and wall and floor finishes) to the Facility unless set forth in an Annual Plan without prior wr/tten consent of City. All contracts entered into pursuant to this paragraph, without regard to whether City is bound thereon, shall contain a provision (I) that City is a third- party beneficiary of the agreement, (2) that all representations, warranties and guarantees are fully assignable to City, and (3) that the contract may be assumed by City in the event of termination of this Agreement. In addition, all goods acquired pursuant to this paragraph shall be titled in the name of City. 6.5.3 Food & Beverage. Contractor shall prepare and deliver all food and beverage products and services in and around the Facility. 6.5.4 Pro Forma. Contractor has prepared and submitted to City a pro forma financial and operating statement that describes Contractor's planned activities at the Facility over the first five years of the term of this Agreement, including proposed budgets for marketing, catering, and operations (the "Pm Forma"). The Pro Forma is attached as Exhibit E. Contractor has prepared the Pro Fomaa using its good faith business judgment. The Pro Forma represents an estimate and is subject to factors beyond Contractor's control. Contractor acknowledges that City will refer to the Pro Forma, as adjusted for actual results, to judge performance by Contractor during the term of this Agreement. 6.5.5 Annual Plan. By September 1st of each year of the term hereof (with an initial estimate of total Gross Revenues and Operating Expenses without detail no later than August 1st, Contractor shall submit to City an Annual Plan for the Facility for the following calendar year. The Annual Plan must provide reasonable details regarding the time and money to be spent on operations as well as estimates of Gross Revenues and Operating Expenses and proposed FF&E replacements and withdrawals from the Capital Reserve Account. The Annual Plan will also include a narrative description of the sales and marketing program. The Annual Plan shall be considered with the Pro Forma as adjusted by changes in general economic conditions past operating experience, and competitive conditions. The Annual Plan will be Contractor's best estimate of operations for the following calendar year and the parties recognize that actual results may vary from the Annual Plan. The Annual Plan will contain a summary of the proposed expenditures for the year ("Summary Page"). City must approve or disapprove the Annual Plan by October 15 of each year of the term hereof. When the Annual Plan is approved, Contractor is authorized to incur the expenditures and implement the provisions of the Annual Plan. Contractor may not expend more than the operating expenses described in the Summary Page without City's prior written approval or as otherwise provided herein. Contractor may not exceed spending for any line item on the Summary Page by more than fifteen percent (15%) without City's prior written approval or as otherwise provided herein. Until the Annual Plan is established, Contractor must operate the Facility in accordance with the prior year's Annual Plan or actual results from the previous year, whichever is more favorable to City. 6.5.6 Quarterly Condition Survey. Unless waived by City, the parties shall conduct a quarterly inspection of the Facility to observe and note the condition of, cleanliness of and existing damage to the Facility and to determine, as set forth in Section 6.5.8.3, whether funds on deposit in the Capital Reserve Account will be applied at the Facility. Pursuant to Section 6.5.2, Contractor shall be responsible for repairing ~.ny problems or defects noted except those that are City's responsibility pursuant to Section 5.2. 6.5.7 Contracts for Goods & Services. Contractor may enter into contracts for goods and services for the Facility to the extent set forth in the Annual Plan. Contractor has no authority to bind, nor shall it bind, City to any contract it executes without the prior written approval of City. All contracts entered into pursuant to this paragraph, without regard to whether City is bound thereon, shall contain a provision: (1) that City is a third-party beneficiary of the agreement, (2) that all representations, warranties, and guarantees are fully assignable to City, and (3) that the contract may be assigned to and assumed by City in the event of termination of this Agreement. In addition, all goods acquired pursuant to this paragraph shall be titled in the name of City. Note: this assumes City (or Contractor in City's behalf) who buys all goods. 6.5.8 Accounting System & Operating Accounts. 6.5.8.1 IACC Standards. Contractor shall establish an accounting system consistent with the most recent version of the Intemational Association of Conference Centers Uniform Systems of Accounts for Conference Centers in consultation with City to properly reflect all Gross Revenues and Operating Expenses of the Facility on an accrual Basis in accordance with generally accepted accounting principals. 6.5.8.2 Operating Account. Contractor shall establish an interest-beating Operating Account into which all Gross Revenues shall be deposited and from which all Operating Expenses shall be paid (for maximum efficiency and for internal control purposes Contractor may establish separate accounts for payroll). Contractor will deposit all funds into the Operating Account and pay all Operating Expenses and distributions as provided in this Agreement from the Operating Account. All signatories to this account (and any separate account) must be bonded for any amounts in the accounts. 6.5.8.3 Capital Reserve Account. Contractor shall establish an interest- bearing account and deposit into the account an amount equal to three percent (3%) of Gross Revenues as a reserve fund to pay for replacements of all FF&E in the Facility (the "Capital Reserve Account"). All signatories to that account must be bonded. Expenditures from the Capital Reserve Account shall be set forth in the Annual Plan, except Contractor is authorized to make expenditures for FF&E which require replacement due to unanticipated breakdowns or damage. Contractor shall promptly remit the balance in the Capital Reserve Account to City following termination of this Agreement. 6.5.8.4 Compliance, Access & Audits. Contractor shall keep all books and records with respect to the Facility, including the Operating account and the Capital Reserve Account, accented for in accordance with GAAP as prescribed by the Financial Accounting Standards Board (FASB) and open for inspection and copying by City or its representatives at any reasonable time. City or its representatives may audit all of Contractor's books and records relating to the Facility and its operation each year, and may audit some or all those books and records at any other reasonable time, upon not less than five days' prior written notice. The cost of such audits will be paid by City unless the results of the attdit reveal a discrepancy of 5% or more and in Contractor's favor in the calculation of Gross Revenue and Operating Expenses, either individually or combined. In case of such discrepancy, Contractor will pay the full cost of the audit and Contractor will promptly remit any funds owing under the audit calculations. In the event of loss of any business and/or accounting records that impairs City's ability to audit the books and records relating to the Facility and its operation, Contractor shall, at its sole cost and expense, (1) promptly recreate any and ail records necessary for City to undertake a reliable audit of the books and records relating to the Facility and its operation and (2) pay (without regard to the result of the audit) the increased costs (including, but not limited to, delay costs and/or interim examinations) of any audit that result from the loss of any business and/or accounting records. The failure to recreate any business records required by this paragraph shall constitute a material default of this Agreement. An inability to recreate any business records required by this Section shall constitute an incurable default, giving City the right to terminate this Agreement. 6.5.8.5 Per the Washington State Auditor, Contractor shall retain these records for inspection, audit, and copying for at least three (3) years from the date of completion or termination of this Agreement. Contractor shall, at all times, provide City with all records three (3) years old and older that relate to the financial matters of the facilities managed by Contractor under this Agreement. 6.5.9 Continuous Operation. During the term of this Agreement, Contractor shall continuously conduct the business of operating and promoting the use of the Facility for conferences and other approved uses in such a manner as to maximize Gross Revenues and fulfill the Mission Statement and goals prepared by Contractor and approved by City. Contractor shall therefore provide all necessary support to operated the Facility for its intended purposes at all times. 6.5.10 Statements to City. Contractor shall provide monthly and annual financial statements to City along with operating statements detailing all Gross Revenues, Operating Expenses, Direct Operating Expenses and expenditures from the Capital Reserve Fund, a comparison to the then-current Annual Plan on an item- by-item basis, and a marketing update. The statements and update will be provided within 20 calendar days after the end of the month. 6.5.11 Quarterly Remittance to City. To the extent NOI is positive in any calendar quarter (calculated on a year-to-year basis), Contractor shall remit the positive NOI amount within 25 days form the end of every calendar quarter, provided, however, that least three months of the Working Capital shall remain in the Operating Account. 6.5.12 Compliance with Laws & City Regulations. Contractor shall comply with all applicable federal, state, and local laws, ordinances and regulations in the operation of the Facility, including those relating to environmental matters. Contractor must comply with all City rules and regulations, relating to the improvements at the Facility and its use, which are applied to all users on a nondiscriminatory basis, and excluding internal City requirements for bidding or hiring. Contractor shall comply with any future City resolutions relating to use of the Facility, which are applied to all users on a nondiscriminatory basis. If a future resolution requires Contractor to cancel a contract for an event at the Facility entered into by Contractor prior to the passage of the resolution, or such resolution makes it impracticable or financially unfeasible for Contractor to perform its duties hereunder, City will indemnify and hold Contractor harmless from all direct losses or direct damage resulting there from. 6.5.12.1 Liquor License. Subject to approval of the Washington State Liquor Control Board and to compliance with all applicable laws and regulations, City hereby authorizes Contractor to serve alcoholic beverages in and around the Facility. Contractor is authorized in [its name or in City's name?] to apply for a liquor license for, in and around the Facility, and City shall cooperate in any Contractor effort to obtain such license or licenses. 6.5.13 Institution of Legal Action. Contractor shall obtain City's written approval prior to commencing any legal action related to the Facility (except for any disputes between City and Contractor and collection matters in the ordinary course of business). 6.5.14 Security Services. Contractor shall be responsible for determining, and shall provide, all necessary security in the Primary Premises and for any events conducted by Contractor within the Additional Premises; provided, however, nothing in this paragraph shall make Contractor responsible for determining, or providing, general security in, on or about City's other properties. In the event of any major event that requires extra security outside the Facility, Contractor shall be responsible for coordinating with City Police or other law enforcement body having jurisdiction. 6.5.15 Emergency Procedures Plan. Contractor will consult with City and with emergency service providers having jurisdiction and devise, monitor and, if necessary, implement an Emergency Procedures Plan for the Facility that is acceptable to City. 6.5.16 Improper Use of the Facility. Contractor may not use the Facility or Facility resources to conduct business unrelated to events at thc Facility. Contractor shall not allow any of its subcontractors or vendors to conduct business unrelated to conferences or other approved events at the Facility. 6.5.17 No Guarantee. While Contractor will use its good faith business judgment in operating the Facility, Contractor does not guarantee the financial success of the operation of the Facility or that it can be operated at a profit. Many factors, such as the economy and construction and operation of competing facilities, over which Contractor has little or no control, will affect the financial success of the Facility. 6.5.18 Liens & Encumbrances. Contractor shall keep the Facility free and clear of any liens and encumbrances arising out of the use of the Facility. Contractor shall exercise reasonable care and judgment in resolving ail claims and shall make reasonable settlement of claims. 6.5.19 Insurance. Contractor must carry the insurance policies as described below. The liability policies must name City as an additional insured (using ISO Form 20 26 11 85 or equivalent) and must be primary and non-contributory with any other insurance available to City. All policies provided by Contractor must be with insurance companies acceptable to City and Contractor must provide certificates of insurance acceptable to City prior to the effective date of this Agreement. Such insurance will not lapse or be terminated except upon not less than 45 days' notice to City. Contractor will furnish and maintain the following: 6.5.19.1 Commercial General Liability. Commercial General Liability insurance against claims for injury or death to Persons or damage to Property occurring on or about the Facility in an amount not less than $1,000,000 combined single limit for each occurrence. This insurance must include bodily injury liability, personal injury liability, property damage liability, broad form property damage liability, contractual liability, products/completed operations liability and liquor liability. The amounts and form of insurance specified in this paragraph shall be subject to periodic adjustment to reflect changes in insuring practices for similar properties in the same geographic area and changes in insurance products. 6.5.19.2 Commercial Auto Liability. Commercial Auto Liability insurance against claims for injury or death to Persons or damage occurring in or about the Facility with minimum limits of liability of $300,000 combined single limit for each occurrence. Such insurance must include bodily injury liability, personal injury liability, property damage liability, hired car liability, and not- owned auto liability. The amounts and form of insurance specified in this paragraph shall be subject to periodic adjustment to reflect changes in insuring practices for similar properties in the same geographic area and changes in insurance products. 6.5.19.3 Umbrella. Excess or "umbrella" liability insurance no less broad than the underlying coverages on an occurrence basis providing excess coverage in a total amount not less than $5,000,000 per occurrence. The amounts and form of insurance specified in this paragraph shall be subject to periodic adjustment to reflect changes in insuring practices for similar properties in the same geographic area and changes in insurance products. 6.5.19.4 Stop Gap Employer's Liability. Evidence of Stop Gap Employer's Liability insurance and, if applicable, longshoremen's and Harbor Workers Act, Jones Act, or Federal Employer's Liability Act coverages in amounts required by law. 6.5.19.5 Employee Dishonesty. Evidence of employees dishonest insurance in a minimum amount of $250,000 (which includes City as a joint loss payee per standard form CR 10 47 01 89) covering management of the Facility by Contractor. 6.5.19.6 Claims Procedure. Contractor shall, to the extent not inconsistent with the terms of the above policies, observe the claims procedures as approved by City and attached hereto as Exhibit G in handling any claims for damage to persons or property as a result of activities conducted under this Agreement. 6.5.20 Equal Opportunity. 6.5.20.1 Services. Contractor shall not discriminate against any person or persons because of race, sex, age, creed, color, physical disability, HIV infection, veteran's state, marital status, sexual orientation, national origin or any other basis made unlawful (whether on a national, state or local level) during the term of this Agreement in furnishing, or by refusing to furnish to any person the use of Contractor's services associated with the Facility. 6.5.20.2 Employment. Contractor shall conduct its business in a manner that assures fair, equal and nondiscriminatory treatment of all full or part-time employees. Contractor shall not discriminate against any full or part-time employee on the basis of race, sex, age, creed, color, physical disability, HIV infection, veteran's state, marital status, sexual orientation, national origin or any other basis made unlawful (whether on a national, state or local level) during the term of this Agreement. Contractor shall seek to hire and maintain a diverse work force. 6.5.21 Sales & Marketing. Continue those activities described in Section 6.3 and modify as appropriate throughout the term of this Agreement. 6.5.22 Audio Visual. Provide and maintain all necessary and appropriate audio- visual equipment in the Facility and provide related services to Facility guests in accordance with the Annual Plan. 6.6 Advertising. Contractor shall annually provide for approval of its advertising and promotion plan, which approval shall not be unreasonably withheld by City. 6.7 Operation of Other Conference and Banquet Facility. Contractor will not operate a competing facility in the Puget Sound region without the prior written approval of City, which approval shall not be unreasonably withhel& For this purpose, a competing conference facility means a facility with sufficient meeting areas, equipment and amenities and located sufficiently close to BCC to directly compete with the Facility. City is aware of and approves of Contractor's business relationships with the following facilities: Shilshole Bay Beach Club, Seattle; Marine View Conference & Banquet Center, Everett; Union Station, Seattle; Pacific Science Center, Seattle; Paramount Theater, Seattle; ACT Theater, Seattle; Burke Museum, Seattle; Bellevue Art Museum, Seattle; Seattle Science Center and Seattle Center Campus, Seattle; University of Washington facilities, Seattle. 6.8 Business License. Contractor shall obtain a City of Bremerton business license as required by Chapter 5.02 of the Bremerton Municipal Code prior to beginning work under this Agreement. ARTICLE VII. Indemnification. Contractor shall indemnify, defend, and hold City, its officers, officials, agents, employees, and volunteers harmless from any and all claims, injuries, damages, losses, or suits, including attorney fees, arising out of or in connection with the performance of Contractor pursuant to this Agreement except for injuries and damages caused by the sole negligence of City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out o£bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of Contractor and City, its officers, officials, employees and volunteers, Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. ARTICLE VIII. Waiver of Subrogation. Notwithstanding anything to the contrary herein, Contractor and City release each other and their employees from liability and waive any right of recovery against each other for loss from perils insured against under their respective property insurance policies for damage to the Facility or their respective property caused by fire and other peril that are covered by insurance, regardless of any fault or negligence. Each party shall cause its insurance carriers to consent to the foregoing waiver or right of subrogation. City agrees to carry property insurance with extended coverage endorsement on the Facility and fixtures, furnishings and equipment therein owned by City. Contractor agrees to carry property insurance with extended coverage endorsement on any fixtures, furnishings and equipment in the Facility owned by Contractor. ARTICLE IX. Casualtw & Condemnation. 9.1 Casualty. If the Facility is damaged or destroyed by casualty and City determines it is not feasible to rebuild, City or Contractor may terminate this Agreement. If City elects to rebuild, then this Agreement shall continue in full force and effect. If the Facility is closed for longer than three months as the result of such casualty and City elects to rebuild the Facility, this Agreement and its obligations will be suspended until the Facility is re-opened or such other time as the parties agree. The parties may negotiate an interim management agreement to cover the period of such suspension. 9.2 Condemnation. If a governmental authority other than City condemns the Facility, then this Agreement shall terminate. ARTICLE X. Names & Marks. The name of the Facility shall be" "and the trademark associated with the Facility shall be as depicted on Exhibit H and neither may be changed without the consent of both parties. Contractor may identify itself as the manager of the Facility in connection with advertising and promotion with due recognition to City as the owner of the Facility. City shall pay the direct costs associated with any name changes. ARTICLE XI. Default & Termination. 11.1 Default by City. If City fails to perform any obligation under this Agreement and such failure is not cured within 30 days after written notice from Contractor (20 days in the event of failure to pay money), then City will be in default. Upon such default, Contractor may terminate this Agreement and may exercise any other remedy at law or in equity. 11.2 Default by Contractor. If Contractor fails to perform any obligation under this Agreement and such failure is not cured within 30 days after written notice from City (20 days in the event of failure to pay money), then Contractor will be in default. Upon such default, City may terminate this Agreement and may exercise any other remedy at law or in equity. 11.3 Neither City nor Contractor shall have breached this Agreement by reason of closing all or a portion of the Conference Center as a result of causes beyond the control, fault, or negligence of the parties. Such canses may include, without limitation, acts of God or public enemy; acts of the federal, state, or local governments; fires; floods; epidemics; volcanic eruptions; quarantine restrictions; strikes; freight embargoes; court orders; or other condition that causes all or a portion of the Conference Center facilities to be closed for extended periods of time. Should either City or Contractor fail to perform because of a cause described in this subsection, City and Contractor shall make a mutually acceptable revision in the Scope of Services and Compensation provided for in this Agreement, including termination of the Agreement if the Conference Center is deemed unusable by City as a result of major damage or destruction and City elects not to rebuild the same. 11.4 Annual Plan: Termination. Contractor must consult with City promptly if total Operating Expenses for any three-month period exceed the Annual Plan by more than ten percent (10%) requiring City to make additional payments for Operating Deficits into the Operating Expense Account not otherwise anticipated in the Annual Plan. City may, at its option, terminate this Agreement if the NOI is lower than the Annual Plan by more than 10% for two consecutive calendar quarters unless such deficit is due to circumstances beyond the control of Contractor, including, but not limited to, damage to the Facility, alterations and improvements to the Facility by City, Washington State Ferry service interruptions, strikes, acts of God, war or terrorism. 11.5 Waiver. No express or implied waiver by either party of any event of default shall in any way be or be construed to be a waiver of any future or subsequent event of default. The written waiver by either party of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition or any subsequent breach of the same or any other term, covenant or condition herein contained. ARTICLE XII. GENERAL PROVISIONS 12.1 Interpretation 12.1.1 Exhibits & Riders. Clauses, exhibits, riders and addendums, if any, affixed to this Agreement are incorporated herein. 12.1.2 Construction as Covenants. Wherever in this Agreement it is provided that either party shall or will make any payment or perform or refrain from performing any act or obligation, each such provision shall, even though not so expressed, be construed as an express covenant to make such payment or to perform, or not to perform, as the case may be, such act or obligation. 12.1.3 Section Headings. The section headings and article titles of this Agreement shall have no effect upon the construction or interpretation of any part hereof. 12.1.4 Time of Performance. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. 12.1.5 Partial Invalidity. Any provision of this Agreement which is held to be invalid, void or illegal by any court of competent jurisdiction shall in no way affect, impair or invalidate any other provision hereof. 12.1.6 US Funds. All sums herein mentioned shall be conclusively deemed to refer to the lawful cun'ency of the United States. 12.1.7 Choice of Law. The laws of the State of Washington shall govern this Agreement. 12.1.8 Entire Agreement. This Agreement contains all of the agreements of the parties hereto with respect to any matter covered or mentioned in this Agreement, and no prior agreements or understanding pertaining to any such matters shall be effective for any purpose. No provision of this Agreement may be amended or waived except by an agreement in writing signed by the parties hereto or their respective successors in interest. This Agreement shall not be effective or binding upon any party until fully executed by both parties hereto. 12.1.9 Counterparts. This Agreement may be executed in counterparts, both of which shall form but one and the same contract. 12.1.10 Integration. This Agreement contains the entire agreement between City and Contractor and supersedes all prior written or oral discussions or agreements. 12.1.11 Amendments. 12.1.11.1 Contractor and City may amend this Agreement at any time only by written amendment executed by Contractor and City. 12.1.11.2 Contractor and City agree that this Agreement shall be amended at any time if, in the opinion of bond counsel to City, such amendment is necessary to preserve the tax exempt status of interest on obligations of City issued to finance the Conference Center. 12.2 Authority. Each individual executing this Agreement on behalf of each party represents and warrants that he or she is duly authorized to execute and deliver this Agreement and that this Agreement is binding upon the entity on behalf of which he or she is acting in accordance with its terms. 20 ~ 12.3 Notices. All notices and payments required under this Agreement may be delivered or mailed. If mailed, they shall be sent to the following addresses: To City: Gary Sexton Economic Development Director City of Bremerton City Hall, 239 Fourth Street Bremerton, WA 98337 To Contractor: Either party may change its address upon written notice to the other. All notices may be delivered by facsimile or other electronic transmission. 12.4 Assignment. Contractor shall not either voluntarily or by operation of law assign, transfer, mortgage, pledge, hypothecate, or encumber this Agreement or any interest therein and shall not subcontract the obligations under this Agreement, or any part thereof, or allow any person (employees, agents, servants, and invitees of Contractor excepted) to use the Conference Center, or any portion thereof, without the prior written consent of City. Any such assignment, subcontracting or use without compliance with the terms of this paragraph shall be void and shall constitute a default under the terms of this Agreement. If Contractor is a corporation, any transfer of this Agreement from Contractor by merger, consolidation, or liquidation, or any change in the ownership or power to vote in a majority of the outstanding voting stock of Contractor shall constitute an assignment for purposes of this paragraph. Any consent to one assignment, subcontracting, or use by any other person shall not be deemed to be a consent to any subsequent assignment, subcontracting, or use by another person. Consent to any such assignment, subcontracting or use shall in no way relieve Contractor of any liability under this Agreement. 12.5 Subcontracting. Contractor shall not subcontract its work under this Agreement, in whole or in part, without the written approval of City. City reserves the right to review and approve any subcontracts prior to execution to ensure compliance with the provisions of this Agreement. Contractor shall require any approved subcontractor to agree, as to the portion subcontracted, to comply with all terms and conditions as specified in this Agreement. Notwithstanding City approval of a subcontractor, Contractor shall remain obligated for full performance hereunder, and City shaI1 incur no obligation other than its obligations to Contractor hereunder. Any subcontracts approved by City shall be subject to and shall not extend any rights granted beyond those set forth in this Agreement to Contractor. Contractor agrees that if subcontractors are employed in the performance of this Agreement, Contractor and its subcontractors are subject to the requirements of the State of Washington, Workers' Compensation Laws. This Agreement is dated as of the day and year first set forth above. City of Bremerton, a Washington municipal corporation By: Its: CONTRACTOR By: Its: STATE OF WASHINGTON) ) SS. COUNTY OF ) On this day of , 2003, before me personally appeared , to me known to be the individual described in and who executed the foregoing instrument and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned on behalf of , and on oath stated that he was authorized to execute said instrument. GIVEN under my hand and official seal the day and year first above written. Signature Name (Print) Nota.r7 Public in and for the State of Washington Residtng at My commission expires STATE OF WASHINGTON) ) SS. COUNTY OF __) On this day of , 2003, before me personally appeared , to me known to be the individual described in and who executed the foregoing instrument on behalf of the City of Bremerton and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument. GIVEN under my hand and official seal the day and year first above written. Signature Name (Print) Notary Public in and for the State of Washington Residing at My commission expires R:\LEGAkWilcs\Current Active Files\Conference Center - Roger\Columbia Hospitality.agr.doc DATE SUBMITTED: 5/14/03 BILL # ~..~ ;3 -- AGENDA BILL CITY OF BREMERTON 8~ CITY COUNCIL SUBJECT: Amendment to City of Committee Meeting Date: May 20, 2003 Bremerton and Kitsap Public Facilities COUNCIL MEETING Date: May 28, 2003 District Interlocal Agreement Department: Economic Development Presenter: Gary Sexton Phone: 360.473.5282 SUMMARY: The amendment increases the funding from The Kitsap Public Facilities District (PFD) to The City of Bremerton by the sum of $75,000. The amendment additionally reduces restrictions on times of payments of funding by the PRD to the City. ATTACHMENTS: First Amended and Restated Interlocal Agreement Regarding Funding, Development and Operation of the Kitsap Regional Conference Center. FISCAL IMPACTS (Include Budgeted Amount): Increases PFD funding in sum of $75,000. APPROVALS: CITY ATTORNEY: FISCAL/BUDGET: , OPERATIONS: COUNCIL PRESIDENT: RECOMMENDED MOTION: I move to approve and authorize the Mayor finalize and execute the First Amended and Restated Interlocal Agreement Regarding Funding, Development and Operation of the Kitsap Regional Conference Center with substantially the same terms and conditions as contained in the proposed agreement. AGENDA STATUS: Consent [] New Business [] Old Business [] Ordinance [] COUNCIL ACTION: [] Approve [] Deny [] Postpone [] No Action Resolution [] Public Hearing [] ~-C~ Information [] Study Session [] First Amended and Restated Interlocal Agreement Regarding Funding, Development and Operation of the Kitsap Regional Conference Center 1. Date and Parties. This Interlocal Agreement, As Amended and Modified ("Agreement") is dated the day of ,2003, and is entered into by and between KITSAP COUNTY ("County"), a county duly organized and operating pursuant to the Constitution and laws of the State of Washington; the KITSAP PUBLIC FACILITIES DISTRICT ("PFD"), a municipal corporation duly organized and operating pursuant to the laws of the State of Washington and as established by the County; and the CITY OF BREMERTON ("City"), a first class charter city duly organized and operating pursuant to the laws of the State of Washington. 2. General Recitals. A. The County Commissioners established the PFD, pursuant to the Chapter, to perform any functions, or combination of functions, authorized by the Chapter. B. The City is cooperating with several governmental agencies, including KT, the County and the PFD, and with private sector parties to develop and finance the Project for the benefit of the residents of Kitsap County. C. The Conference Center will include not less than 15,000 square feet of gross floor space, including not less than 7,500 square feet of banquet space, and associated parking of approximately 150 parking spaces. The Associated Parking shall be located within the Parking Facility. D. The cost of the Conference Center will exceed $10 million. First Amended and Restated Interlocal Agreement Regarding Funding, Development and Operation of the Kitsap Regional Conference Center Page 1 E. The PFD has determined that the Conference Center is a regional center that meets the criteria of the Chapter and has approved supporting the Project by providing $6,975,000 of financing. F. The PFD, under the authority of RCW 82.14.390, imposed the Sales Tax to support the projects selected by the PFD. G. The PFD has determined that the cost of providing and operating the Kitsap Regional Conference Center can be reduced through partnership with the County and the City, and accordingly the County will issue bonds to finance the Project and the City will assume responsibility for constructing and operating the Project. H. The County intends to issue the Bonds to fund $6,900,000 of the principal that the PFD has designated to be used for the construction of the Conference Center. 3. Incorporation of Recitals. The foregoing Recitals are incorporated herein by this reference and made a part hereof. 4. Definitions. All words used in this Agreement shall be given their normal and ordinary meaning unless defined in this Section 4. The following are the special definitions for the purpose of this Agreement only. "Associated Parking" shall mean the parking area of approximately 150 parking spaces associated with the Conference Center. The Associated Parking will be located in the Parking Facility. "Bonds" shall mean the limited tax general obligation bonds to be issued by the County to finance the Conference Center and any other bonds or other evidence of indebtedness of the County the proceeds of which will be used to refund Bonds. "Chapter" shall mean the Revised Code of Washington Chapter 36.100. "City" shall mean the City of Bremerton, a first class charter city duly organized and operating pursuant to the laws of the State. "Commencement of Construction" shall mean beginning any construction activity on the Conference Center site, including, but not limited to, demolition of existing improvements that must be removed for the placement of building foundations. First Amended and Restated Interlocal Agreement Regarding Funding, Development and Operation of the Kitsap Regional Conference Center Page 2 "Conference Center'' shall mean the Kitsap Regional Conference Center, a regional tourism related facility which will include no less than 15,000 square feet of gross floor space, including no less than 7,500 square feet of banquet space, the Associated Parking, and related public spaces, including a lobby area and additional break-out spaces, and which facility shall be part of the Project. The Associated Parking will be located in the Parking Facility. "County" shall mean Kitsap County, a county duly organized and operating pursuant to the Constitution and laws of the State. "KT" shall mean Kitsap Transit Authority. "PFD" shall mean the Kitsap Public Facilities District, a municipal corporation duty organized and operating pursuant to the laws of the State and established by the County. "Parking Facility" shall mean the parking garage that will be part of the Project. The Parking Facility will include the Associated Parking. "Project" shall mean the development to be located adjacent to the Bremerton Ferry Terminal and will include the Conference Center, the Parking Facility, a restaurant, public transit related facilities, a hotel, pedestrian oriented retail space, pedestrian oriented public spaces, professional office space and possibly residential facilities. The Project is generally described in the City Request For Proposal of February 11, 2002. "Sales Tax" shall mean the nonvoted sales and use tax to be imposed by the PFD in accordance with RCW 82.14.390 at a rate not to exceed 0.033% of the selling price in the case cfa sales tax or value of the article used in the case of a use tax, which tax shall be deducted from the amount of tax otherwise required to be collected or paid over to the State's Department of Revenue and shall expire when the Bonds (or any additional bonds issued to finance the completion of the Kitsap Special Events Center Project) are retired, or in any event not later than July 1, 2026. "Sales Tax Revenue" shall mean all revenue collected by the PFD from the Sales Tax. "State" shall mean the State of Washington. First Amended and Restated Interlocal Agreement Regarding Funding, Development and Operation of the Kitsap Regional Conference Center Page 3 5. Agreement Purpose. This Agreement is being entered into pursuant to RCW 36.100.030(2). The purpose of this Agreement is to set forth the rights and responsibilities of each of the parties with regards to the funding, development and operation of the Conference Center, as a regional tourism-related facility, meeting the definition of a Regional Center, as defined in RCW 35.57.020, while complying with Internal Revenue Code and Regulations regarding tax exempt municipal bond financing. 6. Land Ownership. The City shall own the land upon which the Conference Center is constructed. Other lands within the Project may be owned by the City or other governmental or private sector entities. 7. Commencement of C~nstruction. In order for the Conference Center to qualify for funding from the PFD, RCW 82.14.390 requires that the Commencement of Construction occur no later than December 31, 2002. It is anticipated that the commencement of demolition of the Enetai Building will be the "Commencement of Construction". The City warrants to the PFD and the County that the Commencement of Construction, on behalf of the PFD, shall occur by December 31, 2002. The City may enter into agreements with other entities, including public sector entities, in order to commence demolishing the Enetai Building by December 31, 2002. 8. Conference Center Financial Obliaations. A. County. The County will issue the Bonds in such amount as is necessary to make available to the PFD $6,900,000 (net of the costs of issuing the Bonds) to be used by the City for construction of the Conference Center. The money shall be made available from the County to the City in accordance with Section 9 of this Agreement. The County shall also disburse to the City any interest on the balance of the Bond proceeds for the Conference Center that are held by the County until distributed to the City, less any arbitrage rebate owed on such investment. B. PFD. In consideration for the County's agreement to issue the Bonds (which Bonds shall also finance a portion of the Kitsap Special Events Center Project), the PFD shall pay Sales Tax Revenue to the County in the amount needed to repay the Bonds, including the costs of issuing the Bonds. The County shall use the Sales Tax Revenue to pay principal of, interest on and any sinking fund requirements for the Bonds when due. The parties acknowledge and agree that the County will pledge the Sales Tax Revenue to the repayment of the Bonds. First Amended and Restated Interlocal Agreement Regarding Funding, Development and Operation of the Kitsap Regional Conference Center Page 4 In addition to the Bond proceeds of $6,900,000, the PFD will contribute excess Sales Tax Revenue in the amount of $75,000 to the Project. This principal of $6,975,000, together with interest thereon, shall constitute the PFD's financial contribution to the Project and may only be used by the City for the design, development, and construction of the Project. The PFD shall file annual financial statements and annual reports with the County and the City within 180 days after the end of each fiscal year. The PFD agrees to stay in existence as long as the Bonds are outstanding and not to take any action that would impact the tax-exempt status of the Bonds. C. City. The City is responsible for all funding necessary to construct, furnish and operate the Conference Center, other than the principal of $6,975,000, together with interest thereon. It is anticipated that the City may use a variety of funding sources, including, but not limited to bond financing, rental revenues, unrestricted funds, grants, contributions and donations. The City may use whatever funding sources are available so long as to do so will not violate the bond covenants set forth in this Agreement. The City warrants that it has or will obtain the funding necessary to develop and construct the Conference Center. In order to meet the 33% local match of the net present value of the Sales Tax required by the Chapter in order for the PFD to impose the Sales Tax, the City will contribute cash and/or in-kind contributions other than the proceeds of the Bonds, which shall be sufficient to satisfy the match. In order to provide adequate assurances to the County and the PFD that the Convention Center construction will be completed, the City shall require the developer/contractor to provide a performance bond, assuring the completion of the Conference Center. D. Except as expressly set forth in Sections 8(A) and 8(B) above, the PFD and the County shall have no financial responsibility for the construction, maintenance and operation of the Conference Center. 9. Disbursement of Bond Proceeds. A. Initial Disbursement. The City has requested that certain funds from the Bond proceeds be disbursed to the City as reimbursement for Project expenses incurred, before the Project is fully designed, approved and permitted. The City will be incurring expenses in connection with the demolition of the Enetai Building, which is deemed commencement of construction. The County, with the approval of the PFD, agrees to make certain proceeds of the Bonds available for the First Amended and Restated Interlocal Agreement Regarding Funding, Development and Operation of the Kitsap Regional Conference Center Page 5 construction of the Conference Center subject to certain conditions. There may be more than one initial disbursement. The prerequisites for the initial disbursement are: i. Commencement of Construction. The City shall have entered into a contract for and started demolition of the Enetai Building not later than December 31, 2002; ii. Firm Commitment From Develooer. The City shall have executed a firm contract with the developer of the Project for the design for the development of the Project; iii. Schematic Desian. The City shall have received from the developer a schematic design for the Project; iv. Site Availability. The City shall have ownership of all land or property rights (e.g., long term ground leases) necessary to develop and operate the Conference Center and the Project, as of the date of Commencement of Construction; v. Substantial Completion Date. The City shall have submitted to the PFD an estimated substantial completion date for the Project; and vi. Local Matching Reouirement. The City shall provide the PFD with a statement setting forth the cash and/or in-kind contributions to be contributed by the City to satisfy the local match required by RCW 82.14.390. B. Subseauent Disbursement. After the initial disbursement, the County, with the approval of the PFD, agrees to make the principal of $6,975,000, together with interest thereon, available for the construction of the Conference Center provided the following prerequisites for disbursement are satisfied: i. Proiect Documents. The City shall have delivered to the PFD, and pursuant to Section 13.B., provided the PFD with opportunity for input on, all design documents for the Project; ii. Funding Plan. The City shall have provided the PFD with a plan for funding the Project, with reasonable assurances that such funding is adequate to complete the Project; First Amended and Restated Interlocal Agreement Regarding Funding, Development and Operation of the Kitsap Regional Conference Center Page 6 iii. Permits. The City shall have obtained all necessary land use and environment permits for the development and construction of the Conference Center; iv. Timeline for Development. The City shall deliver to the PFD a timeline for the development and the substantial completion of the Project (i.e., issuance of a certificate of occupancy for the various components of the Project). The parties agree that the dates set forth in the timeline shall be target dates, except as otherwise provided; and v. Develop)er Contract. The City shall have executed a firm contract with the developer of the Project for the construction and development of the Project. C. Disbursement Process. To receive an initial disbursement, the City shall submit to the County (with a copy to the PFD) documentation of expenses related to the Conference Center incurred up to the date of the request for the initial disbursement. After the initial disbursement, the City's request for disbursement shall be based upon the payment schedule in the construction contract between the City and the developer for work performed related to the Conference Center and authorized to be financed from the principal of $6,975,000, together with interest thereon. All requests for disbursements shall be made to the County Director of Administrative Services in writing, with documentation of expenses actually incurred (with a copy to the PFD). The County Director of Administrative Services shall review and approve disbursement requests consistent with the purposes of the Bonds and this Agreement. The County shall further notify the PFD of all disbursement payments to the City. If, upon completion of the Conference Center, the City has not received all of the principal of $6,975,000, together with interest thereon, the City shall be entitled to receive any remaining balance of such funds; provided, however, that such remaining funds shall be used solely for the design, development, or construction of other public portions of the Project. D. Reservation of Rights. The PFD and the County reserve the right to transfer the proceeds of the Bonds to other eligible projects should the City default under this Agreement and or otherwise become unable to complete the Project as set forth herein. 10. Bond Covenants. The Conference Center shall be owned and operated by the City. Other elements of the Project will be owned and/or operated by the private sector, other governmental entities, or the City. It is anticipated that the hotel, the First Amended and Restated Intertocal Agreement Regarding Funding, Development and Operation of the Kitsap Regional Conference Center Page 7 ' residential portion of the Project, the restaurant, and the retail space shall be owned and/or operated by the private sector. The catering for the Conference Center events may be provided by a private sector business. However, no use of the Conference Center shall be made that would jeopardize the tax exempt status of the Bonds. Accordingly the City covenants and agrees as follows: A. The City shall not use or permit to be used any of the proceeds of the Bonds in such a manner, and shall not take or allow to be taken any action in such a manner, as to cause the interest on the Bonds to be included in gross income for purposes of federal income taxation. The City specifically covenants and agrees not to take any action or permit any action to be taken if the result of such action would be to cause the Bonds to be bonds "federally guaranteed" within the meaning of Section 149(b) of the Internal Revenue Code. B. The City shall not use proceeds of the Bonds for any "private business use" as defined by the Internal Revenue Code, if such use would result in the inclusion in gross income of interest on the Bonds. Without the consent of the County, the City shall not enter into any lease of or management contract for all or a portion of the Conference Center with a private party. C. The City agrees that it will not sell, lease or otherwise transfer the Conference Center in a manner which would cause the interest on the Bonds to become includable in gross income for purposes of federal income taxation or without the approval of the PFD (which shall not be unreasonably withheld). 11. Environmental Law Comoliance. A The City shall be responsible for complying with all environmental laws with regards to the Conference Center construction. This includes, but is not limited to, city regulations, the State Environmental Policy Act (SEPA), CERCLA (42 USC 9603), MTCA (RCW 70.105(D)), and the Clean Water Act (33 USC ~1321). B. Pursuant to WAC 197-11-944, the County and the PFD hereby designate the City as the nominal lead agency, whereby the City shall be responsible for complying with the duties of the lead agency under all applicable SEPA rules. 12. Permits. The City shall be responsible for obtaining all necessary permits and approvals related to the construction and operation of the Conference Center and the Project. The City shall comply with the terms and conditions of all permits and shall be solely responsible for paying any fees related thereto. First Amended and Restated Interlocal Agreement Regarding Funding, Development and Operation of the Kitsap Regional Conference Center Page 8 13. Conference Center Desiqn and Construction; Hotel to be Part of Project. A The Conference Center will be designed to be an integral part of the Project, achieving the mutual benefits of economies of scale and joint use of open space and other common areas. B. The City shall be primarily responsible for the design and construction of the Conference Center. The PFD shall have the right and reasonable opportunity, taking into consideration the start date for Commencement of Construction, to review and comment on the proposed design and development of the Conference Center at industry standard design milestones and performance specifications, and to provide input on the selection of the Conference Center developer. The PFD shall have the right to review and comment on any development, design/build or construction contract(s) for the Conference Center. The City shall prepare the budget for the Project (including the Conference Center). C. The City agrees that it will include in the Project the construction of a hotel, as specified in the City's response to the PFD's request for proposal. D. The City shall perform (or cause to be performed by the developer) the construction and development of the Project according to the standards of the City Request For Proposal of February 11, 2002, and the following standards: i. Performance in a good and workmanlike manner and in compliance with all applicable laws; ii. Use of materials that are of first class quality and workmanship; and iii. First class maintenance of all portions of the Project. E. The Conference Center shall be named the Kitsap Regional Conference Center unless otherwise agreed by the PFD. 14. Administration. A. The City shall be the administrator, within the meaning of RCW 39.34.030(4), of this cooperative undertaking for the development and operation of the Conference Center, subject to the terms, conditions and limitations of this Agreement. This shall include responsibility for acquiring, designing, constructing, owning, First Amended and Restated Interlocal Agreement Regarding Funding, Development and Operation of the Kitsap Regional Conference Center Page 9 remodeling, maintaining, equipping, repairing, preparing budgets for, financing and operating the Conference Center. The City may use an alternative public works procedure, or other legal mechanism, to provide the most economic and efficient way to assure the success of the Conference Center and the Project. The City will seek, review and consider any recommendations from the parties hereto. However, subject to the restrictions imposed by law, and the bond covenants contained herein, the City shall have the responsibility and final authority with regards to the selection of the manner and method used to finance, construct, operate and maintain the Conference Center. B. The City shall administer the use and operation of the Conference Center in such a manner as to provide residents of both the County and City access to the Conference Center without regard to their place of residence. The City will not discriminate between County and City residents with respect to fees charged or conditions of use. C. The City shall operate and maintain the Conference Center as a first class conference center facility to be kept at all times in a safe and clean condition. The City shall provide (directly or by contract) all management, supervision, personnel, materials, equipment, services and supplies necessary to operate, maintain and repair the Conference Center and shall take all reasonable precautions to prevent damage, injury or loss by reason of or related to the construction, operation and maintenance of the Conference Center to any person or property. The PFD shall have the right to review and comment on any contracts or agreements that the City proposes to enter into for the management of the Conference Center or the Associated Parking. The City shall comply with all applicable laws and ordinances in constructing, operating and maintaining the Conference Center. The City shall undertake all modifications to the Conference Center required to comply with all applicable laws, regulations, judgments and orders. D. Each party shall designate a representative (Designated Representative) that will serve as the official contact person for that party regarding the implementation of any provision of this Agreement. The Designated Representative may be changed at any time by giving written notice of the change to the Designated Representative of each party, and to the persons identified in Section 19. The initial Designated Representative for each party, and their address, phone number, fax number and e-mail address is attached hereto as Exhibit A. E. The Designated Representatives shall meet on a regular basis, and at such other intervals as are necessary to address issues of concern. The First Amended and Restated Intedocal Agreement Regarding Funding, Development and Operation of the Kitsap Regional Conference Center Page 10 regular meetings will be for the purpose of advising the County and PFD of the current status of planning and construction activities and to seek County and PFD input with regards thereto. It is anticipated that the regular meetings will occur at such frequency as is necessary to provide the PFD and the County with timely relevant information and for the PFD and the County to provide the City with timely input. During the pre- construction and construction process, meetings shall occur on a weekly basis, and in any event, a meeting shall be scheduled no less frequently that once per month. After construction is completed, the regular meetings will be for the purpose of advising the PFD and the County on the Conference Center operations and to seek their input and suggestions with regards thereto. These meetings shall occur less frequently, but no less than twice per year. The obligations under this paragraph E shall terminate when the Bonds are no longer outstanding, unless otherwise agreed by the parties. F. The City anticipates pledging the revenue from the operations of the Parking Facility to the repayment of City indebtedness for the Project. Once that indebtedness has been paid in full, if Bond proceeds have financed any of the Associated Parking and if the Conference Center is generating sufficient revenue to pay the costs of its maintenance and operations, the City agrees to share net revenue of the Parking Facility with the PFD, based upon the percentage of the Associated Parking financed with Bond proceeds or upon the number of parking stalls financed with Bond proceeds, as further negotiated by the City and the PFD at a later date. G. It is the mutual intent of the City and the PFD that the Conference Center be accessible to and affordable to Kitsap County-based non-profit organizations ("Community Groups"), without otherwise impairing the City's ability to operate the Conference Center in a fiscally prudent manner. To the extent the City has adopted or does adopt policies for discounts and reduced rates for Community Groups to use other City facilities, the use of the Conference Center will be subject to such policies. Otherwise, the City shall from time to time adopt a policy for reduced rates for the use of the Conference Center by Community Groups. 15. Insurance: Destruction. A Insurance Re~3uirements. The City shall maintain and keep in force on the Project and the Conference Center, as applicable, the following insurance: i. Builder's All Risk Comprehensive Coverage. During construction, the City shall keep or require the developer to keep the Project, First Amended and Restated Interlocal Agreement Regarding Funding, Development and Operation of the Kitsap Regional Conference Center Page 11 including the Conference Center, insured for Builder's All Risk Comprehensive Coverage (including earthquake and flood) in an amount not less than one hundred percent (100%) of the full replacement cost of the Project, including all fixtures, equipment, improvements, and betterments thereto. ii. Commercial General LiabilitY Coverage. The City shall carry and require the developer to carry Commercial General Liability insurance providing coverage claims for bodily injury, death, or property damage on the Project with broad form liability and property damage endorsement, written for combined single limits of liability of no less than $10,000,000 per occurrence, said amount to be adjusted from time to time with coverage deemed customary under like conditions. iii. Pro!3ertv Damage Insvrance. The City shall carry property damage insurance covering the Conference Center, including all improvements, including earthquake, flood, boiler, machinery insurance in an amount equal to at least one hundred percent (100%) of the replacement costs of the Conference Center. Such coverage shall contain coverage against loss or damage by perils no less broad than the current edition of the ISO Special Form, 1985 Edition. The City may request a waiver from the PFD if any of the components of coverage required under this subsection iii or subsection i above, based on (1) information from the City that the cost of such coverage is burdensome, (2) the risk to be insured against is not commensurate with the cost of coverage, and (3) the City has other financial resources to protect against that risk. B. Insurance Policies, The insurance policies required by this Agreement shall be issued by companies authorized to do business in the State, with no less than an "A" rating as to general policy holders rating and no less than "FSC X" as to financial category in accordance with the latest edition of Best's Key Rating Guide, published by A.M. Best Company, Inc. The policies shall be issued as primary policies and shall carry an endorsement that the policy shall not be cancelled or substantially changed without at least 30 days written notice to the City and the PFD. The City shall make available to the PFD copies of all insurance policies, within 7 days of any request by the PFD. C. Adjustments. The types of policies, risks insured, coverage amounts, deductibles and endorsements may be adjusted from time to time as the City and the PFD may mutually determine and agree. First Amended and Restated Interlocal Agreement Regarding Funding, Development and Operation of the Kitsap Regional Conference Center Page 12 D. Destruction. i. If either the Conference Center or Project is totally or partially destroyed at any time after the execution of this Agreement and the insurance proceeds (less any deductible) are sufficient to pay the cost or reconstruction or restoration, then the City shall reconstruct or repair the damage consistent with the terms and intent of this Agreement; provided that such reconstruction or restoration shall not affect the exclusion of the interest on the Bonds for federal income tax purposes. If the insurance proceeds (less any deductible) are insufficient to reconstruct or repair the Project or Conference Center, then the City may nonetheless elect to reconstruct or repair the Project or Conference Center or to terminate this Agreement; provided that any reconstruction or restoration shall not affect the exclusion of the interest on the Bonds for federal income tax purposes. ii. If the City is unable to reconstruct or restore the damage to the Conference Center, the County shall be entitled to a pro rata share of the insurance proceeds, based on the ratio of the amount of the proceeds of the Bonds received by the City divided by the total construction costs of the City in the Conference Center. The County shall use such insurance proceeds to pay' or defease the Bonds and, if the Bonds are no longer outstanding, the County shall transfer the insurance proceeds to the PFD to finance other projects permitted by the Chapter. 16. No County_ or PFD Obligation. Neither the PFD nor the County shall be responsible for any construction or operation funding shortfalls, or any other financial commitments or obligations beyond the specific commitments set forth in Section 8. 17. Indemnity and Hold Harmless. A The City shall defend, indemnify and hold the County and the PFD, and their respective elected officials, officers, employees and agents, including its development coordinator (Indemnitees) harmless from all claims, regardless of the nature of the claim, arising directly or indirectly from the planning, permitting, construction and operation of the Conference Center, except for claims arising from the sole negligence of any Indemnitee. In the case of concurrent negligence of the City and an Indemnitee, each party shall hold the other party harmless from their proportionate share of the resulting damages. First Amended and Restated Interlocal Agreement Regarding Funding, Development and Operation of the Kitsap Regional Conference Center Page 13 B. This indemnity and hold harmless obligation shall extend to all claims of whatsoever kind or nature. It shall include attorneys fees, expert witness fees, court costs, arbitration costs, administrative fines and penalties, and any other direct expense that are a direct consequence of a breach of any provision of this Agreement or any negligent act or failure to act. It shall include the duty to promptly accept tender of defense and provide defense to the Indemnitees. 18. Dispute Resolution. A. If a dispute arises between the parties with regards to the performance of any provision of this Agreement or the interpretation thereof, the parties agree to follow the procedure set forth in this Section 18. It is the goal of the parties to resolve their differences as early in this step process as possible. B. Step One - Informal Discussions. The Designated Representatives shall meet to see if the matter can be informally resolved. This may involve more than one meeting. C. Step Two - Written Notification and Resolvtion. If informal discussions are not successful then a written notice of dispute shall be mailed to the address for notices set forth in Section 19, as well as to the Designated Representative. The notice shall set forth the nature of the dispute and the desired outcome. A written response shall be provided within ten business days. The response shall provide the responding party's version of the dispute and a proposed resolution. The parties shall meet within ten business days after the response is received in order to see if the matter can be amicably resolved.' If the matter is amicably resolved at this stage the affected parties shall sign a memorandum of understanding with regards thereto. D. Step Three - Mediation. If the parties are unable to resolve their differences at Step Two, the parties will endeavor to settle the dispute by mediation under such mediation rules as shall be mutually agreeable to the parties. Such mediation will be non-binding but a condition precedent to having said dispute decided in court by a judge or jury. Mediation shall commence, unless otherwise agreed, within 30 days of a party's written request for mediation of a dispute. Any resolution at this stage shall be reduced to writing and, if it involves an interpretation of the Agreement, it shall be considered an addendum to this Agreement. E. Litigation. In the event any action is brought to enforce any of the provisions of this Agreement, the parties agree to be subject to exclusive i_n oersonam First Amended and Restated Interlocal Agreement Regarding Funding, Development and Operation of the Kitsap Regional Conference Center Page 14 jurisdiction in the Kitsap County Superior Court for the State and agree that in any such action venue shall lie exclusively in Kitsap County, Washington. 19. Notices. All notices and other written communications required by this Agreement shall be in writing and, except as expressly provided elsewhere in this Agreement, shall be deemed to have been given at the time of delivery if personally delivered, or at the time of mailing if mailed by first class, postage pre-paid and addressed to the party at its address as stated below or at such address as any party may designate at any time in writing. To City: Mayor City of Bremerton 239 4th Street Bremerton, WA 98337 To PFD: Chair Kitsap Public Facilities District 1200 N.W. Fairgrounds Road Bremerton, WA 98311 To County: Director of Administrative Services Kitsap County 614 Division Street Port Orchard, WA 98366 20. Severabilih,. It is the intent of the parties that if any provision of this Agreement or its application is held by a court of competent jurisdiction to be illegal, invalid or void, the validity of the remaining provisions of this Agreement or its application to other entities, or circumstances shall not be affected. The remaining provisions shall continue in full force and effect. The rights and obligations of the parties shall be construed and enfomed as if this Agreement did not contain the particular invalid provision. However, if the invalid provision or its application is found by a court of competent jurisdiction to be substantive and to render performance of the remaining provisions unworkable and non-feasible, and is found to seriously affect the consideration and/or is inseparably connected to the remainder of this Agreement, then the entire Agreement shall be null and void. First Amended and Restated Interlocal Agreement Regarding Funding, Development and Operation of the Kitsap Regional Conference Center Page 15 21. Modification. This Agreement represents the entire agreement between the parties. No change, termination or attempted waiver of any of the provisions of this Agreement shall be binding on any of the parties unless executed in writing by each of the parties. This Agreement shall not be modified, supplemented, or otherwise affected by the course of dealings between the parties. 22. Benefits. This Agreement is entered into for the benefit of the parties to this Agreement only and shall confer no benefits, direct or implied, on any third persons. 23. Assionment. The rights granted by this Agreement may not be assigned without the written consent of all the parties hereto. 24. Suoolemental Documents. The parties agree to complete and timely execute all supplemental documents necessary or appropriate to fully implement the terms of this Agreement. 25. Duration of Agreement. This Agreement shall continue in full force and effect until such time as the Bonds issued by the County for the construction of the Conference Center are fully paid and redeemed. The County will not extend the terms of the Bonds, or refund the Bonds or otherwise extend the term beyond the initial Bond term without the written consent of the City. The City shall own the Conference Center upon the termination of this Agreement. All rights to indemnification under Section 17 of this Agreement, all rights to futura revenue sharing under Section 14.F. of this Agreement and the provisions of Section 14.G. of this Agreement shall survive the termination of this Agreement and remain in force until such fees and costs are paid and such indemnification provision satisfied. 26. Filing of Agreemerlt with County Auditor. Within five days from the date of this Agreement, as set forth in Section 1, the original of the Agreement shall be filed by the City with the Kitsap County Auditor as required by the provisions of RCW 39.34.040. The City shall provide the PFD and the County with the Auditor's recording number. 27. Soecific Performerlqe. The parties acknowledge that any party may require specific performance of any of the terms and conditions of this Agreement, in addition to any other remedies that may be available as a matter of law. First Amended and Restated Interlocal Agreement Regarding Funding, Development and Operation of the Kitsap Regional Conference Center Page 16 28. Complete Agreement. This Agreement represents the entire agreement between the parties hereto concerning the subject matter hereof. This Agreement may not be amended except as provided herein. 29. Execution in Counterparts. This Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. CITY OF BREMERTON By: Cary Bozeman, Mayor Attest: Kathleen McCluskey, Clerk Approved as to form: Roger Lubovich, City Attorney First Amended and Restated Intedocal Agreement Regarding Funding, Development and Operation of the Kitsap Regional Conference Center Page 17 .57 KITSAP PUBLIC FACILITIES DISTRICT Rick Smith, Chair Attest: Stephen Stagner, Treasurer Approved as to form: Blair B. Burroughs, Special Counsel First Amended and Restated Interlocal Agreement Regarding Funding, Development and Operation of the Kitsap Regional Conference Center Page 18 DATE SUBMITTED: May 15, 2003 BILL # 0.~ - AGENDA BILL qA CITY OF BREMERTON CITY CO~CIL 3915 ~EATON WAY FROM SF-3 TO CO~CIL MEET~G Date: May 21 and May 28, GB 2003 Dep~ment: Community Devel. ~(~g~ fl0~ ff~.5 Presenter: Robert Gmmbach Phone: 473-5379 SUMMARY: On May 14, 2003, the City Council accepted the findings of the Hearing Exminer and the Heating Examiner's recommendation for approval of the SWC Pannership Rezone from Single Family 3 (SF-3) to General Business (GB). The proposed ordinance accomplishes the rezone. ATTACHMENTS: Proposed Ordinance ~4 0. t4g ~ 5 FISCAL IMPACTS (Include Budgeted Amount): APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FISCAL/BUDGET: Council approved rezone OPERATIONS: 5/14/03 COUNCIL PRESIDENT: (~.d~ RECOMMENDED MOTION: I move to pass Ordinance No. ~ ff~ 5 on second reading. AGENDA STATUS: Consent New Business Old Business Ordinance COUNCIL ACTION: [] Approve [] Deny [] Postpone [] No Action Resolution Public Hearing ~. { Information ORDINANCE NO. qg~,5 AN ORDINANCE of the City Council of the City of Bremerton, Washington, relating to Land Use and Zoning, specifically the rezoning of approximately 1.6 acres of property located at 3915 Wheaton Way from Single Family 3 (SF-3) to General Business (GB). (PL03-0001). WHEREAS, an application to rezone approximately 1.6 acres from the current zoning of Single Family 3 (SF-3) to General Business (GB) was filed on January 21, 2003 S WC Partnership; and WHEREAS, the City's SEPA responsible official issued a Determination of Nonsignificance (DNS) for the proposed rezone on March 3, 2003; and WHEREAS, a public heating on the SWC Partnership Rezone was held before the Administrative Hearing Examiner on March 18, 2003; and WHEREAS, on March 28, 2003, the Administrative Hearing Examiner issued findings that the SWC Partnership Rezone is consistent with the City Comprehensive Plan, that the proposed rezone and subsequent development activity would be compatible with the development in the vicinity, that the proposed rezone will not impact the level of service designation for the transportation system in the vicinity of the property, that the rezone will not result in a decrease of current service levels for other established uses in the area or the City, that the proposed rezone differs from the year 2000 application in that it involves the first 200 feet of depth from Wheaton Way and not the rear of the property, and that the proposed rezone is in the public interest; and WHEREAS, the findings are consistent with the standards for rezone set forth in Section 21.02.920 of the Bremerton City Code; and WHEREAS, the Bremerton Heating Examiner recommended approval of the SWC Partnership Rezone on March 28, 2003, as submitted by the applicant; and WHEREAS, on May 14, 2003, the City Council moved to accept the findings of the Hearing Examiner and the Hearing Examiner's recommendation for approval of the SWC Partnership Rezone from Single Family 3 (SF-3) to General Business (GB); NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: 1 Rezone - S~VC Partnership SECTION 1. The property located at 3915 Wheaton Way, Bremerton, Washington consisting of approximately 1.6 acres depicted in Exhibit "A" and legally described as set forth in Exhibit "B", both attached hereto and incorporated herein by this reference, is rezoned from Single Family 3 (SF-3) to General Business (GB) and the City of Bremerton zoning map is hereby amended to reflect the same. SECTION2. Pursuant to the Administrative Hearing Examiner's recommendation, any future development proposed for the site shall be reviewed under the following conditions: (a) If regulated wetlands, streams and/or drainage courses are identified that might be potentially significantly adversely impacted, mitigation may be required in order to comply with the City of Bremerton's Critical Land Ordinance (BMC Chapter 21.22); (b) If any artifacts are uncovered, the Bremerton Department of Community Development or the State Historic Preservation Office in Olympia must be notified; (c) Any new development must have a traffic analysis indicating that the Level of Service shall be at or better than a service standard of LOS F (v/c = 1.08); (d) In considering design alternatives, preferential treatment shall be given to designs that favor mass transit, car-pooling, bicycling, or walking over the single-occupant vehicle; and (e) Development shall provide interconnecting pedestrian walkways, to the greatest extent possible, to encourage walking. SECTION& Severability. If any one or more sections, sub-sections, 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. SECTION 3. 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 2 Rezone - SWC Partnership 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\OrdinancesXCommunity Devdopment\Rezone-SWC Parlncrship.doc 3 Rezone - SI/KC Parmership LEGAL DESCRIPTION Lot 12, OLOF Linne's home tracts, as per plat recorded in volume 5 o£ Plats, Page 18, Records o£ Kitsap County, and the West 200 feet o£the East 230 feet of the North Halfo£the South Half of the Southeast Quarter of the Northeast Quarter of Section 2, Township 24 North, Range I East, W.M., in Kitsap County, Washington; except that portion lying north o£ a fence line per Superior Court Cause No. 31479 Exhibit B Rezone - SWC Partnership DATE SUBMITTED: May 2, 2003 BILL # C; 3 -- © AGENDA BILL CITY OF BREMERTON qB CITY COUNCIL SUBJECT: PUBLIC HEARING ON Committee Meeting Date: May 13, 2003 ORDINANCE RELATING TO COUNCIL MEETING Date: May 21 and 28, 2003 TR&NSPORTATION DEVELOPMENT Department: PW & U AND IMPROVEMENT Presenter: Michael C. Mecham Or,~s[/XL[/Y--.~ /~J'tT~ q~,..q'~ Phone: 478-5288 SUMMARY: City staffhave prepared a new Transportation Development Code Ordinance that defines the repsonsibility of development with regard to transportation improvements. The new ordinance repeals existing BMC Chapter 15.01.100 entitled "System Devlopment and Construction Standards," and replaces it with a new Chapter 15.01.100, amends Chapter 11.08 and Chapter 11.10 relating to sidewalk construction and maintenance, adds a new Chapter 11.12 entitled "Transportation Development Code" and amends Sectionl3.10.080. Attached is a summary of the major features of the Transportation Development Code ordinance. ATTACHMENTS: 1. Proposed ordinance ~0, ~ ~ 5 ~ 2. Summary of the major features ofthe Transportation Development Code Ordinance FISCAL IMPACTS (Include Budgeted APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: MAYOR: FISCAL/BUDGET: OPERATIONS: COUNCIL PRESIDENT: "'~~ CO _ E DED MOTION: B, I move to pass Ordinance No. q¢~{P Orl Se_-~vv.,t ~oxd.¢~3. AGENDA STATUS: Consent New Business Old Business Ordinance COUNCIL ACTION: [] Approve [] Deny [] Postpone [] No Action Resolution Public Hearing ~,/~, Information I Study Session ORDINANCE NO. AN ORDINANCE of the City Council of the City of Bremerton, Kitsap County, Washington, relating to transportation and repealing Chapter 15.01.100 and replacing it with a new Chapter 15.01.100, amending certain sections of Chapter 11.08 and Chapter 11.10 relating to sidewalk construction and maintenance, adding a new Chapter 11.12 entitled Transportation Development Code, and amending Section 13.10.080. WHEREAS, the State Legislature passed regulatory reform legislation during the 1995 legislative session including Chapter 347, Laws of 1995; and WHEREAS, the City Council desires to amend the City codes relating to sidewalk construction and maintenance to improve the clarity of regulatory standards, to eliminate unnecessary regulation, and to streamline the development permitting process; and WHEREAS, the City Council also desires to adopt new construction standards as set forth in the proposed Transportation Development Code; NOW THEREFORE THE CITY COUNCIL OF THE CITY OF BREMERTON, KITSAP COUNTY, WASHINGTON, ORDAINS AS FOLLOWS: SECTION 1. Section 15.01.100 of the Bremerton Municipal Code entitled "System Development and Construction Standards" is hereby repealed in its entirety and there is hereby created a new Section 15.01.100 to read as follows: 15.01.100 SYSTEM DEVELOPMENT AND CONSTRUCTION STANDARDS. The System Development and Construction Standards are those as defined and adopted in BMC 11.12.090, also referred to as the "City Standards". SECTION2. Chapter 11.08 of the Brernerton Municipal Code entitled "Sidewalks - Construction, Improvements and Maintenance" is hereby amended to read as follows: Chapter 11.08 SIDEWALKS - CONSTRUCTION, RECONSTRUCTION AND REPAIR 11.08.010 PURPOSE n, ~, ~,,~ ,'~',,,, ~, ~ This chapter applies to situations where sidewalks need to be constructed, reconstructed, or repaired along a property frontage, when said property is not undergoing development or redevelopment as those temps are defined m Chapter 1 l. 12. Transportation Development 11.08.020 CONSTRUCTION, RECONSTRUCTION, REPAIR OF SIDEWALKS, ETC., AUTHORIZED - PAYMENT OF COST. Whenever any construction, recons~ction or repot of any sMew~ks, gutters or curbs ~ong or driveways across sidewalks, which work is he.after refe~ed to as the "improvement", is to be done, the costs of the s~e may be p~d for by ~y of the following t~ee methods: (1) From any available funds, (2) By requiring the abutting owner to cons~ct the improvement at Ms.er own cost or expense, (3) By assessing ~1 or any po~ion of the costs thereof ag&nst the abutting prope~y owner. 11.08.030 RESOLUTION - NECESSITY - CemENTS. Pursuant to Chapter 35.69. RCW, whenever the City Council finds by resolution that improvement of a potion of a street by construction or reconstruction of a sidewalk is necess~y for the public sffety ~d convenience~ the duty~ burden ~d expense of such may be the responsibility of the abutting propeffy owner as dete~ined by said resolution. Suck resolution shall state --'~+~- *~ .... + ~c,~: .......... ' 0~"" b ~ ~-, *~ ~;, ....... ~,~, ~n ....... :~:~ ~:~ 0~: ~" ~ .... ~" +~ ~: ..... whether ~l or specified poAion shall be borne by the abutting propeAy owner; or whether the abutting owner is required to construct the improvement at hisser own cost and expense. If the abutting owner is required to construct the improvement the resolu~n sh~l specify the time within which the const~ction shall be commenced ~d completed; and fu~her that if the improvement or const~ction is not unde~en and completed witMn the time specified that the City will perform or complete the improvement and assess the cost agMnst the abutting owner. 2 Transportation Development 11.08.040 FIXING TIME AND PLACE FOR HEARING - PUBLICATION - NOTICE OF HEARING - PROOF OF PUBLICATION AND MAILING - POSTPONEMENT OF HEARING DETERMINATION. if all or any portion of the cost is to be assessed against the abutting property owner, or if the abutting property owner is required to construct the improvement, the resolution shall fix a time from and after its passage, and a place, for heating on the resolution. The resolution shall be published for two consecutive weeks before the time of hearing in the official newspaper of the City and a notice of the date of such heating shall be given each owner or reputed owner of the abutting property by personal delix crv or by mailing to the owner or reputed owner of the property as shown on the tax rolls of the county treasurer, at the address shown thereon a notice of the date of hearing:: ~such mailing to be at least ten days before the date fixed for such hearing. If the publication and mailing is made as herein required, proof thereof by affidavit shall be filed with the City Clerk, before the hearing. The hear/ng may be postponed from time to time to a definite date until the hearing is held. At the time of hearing, the Council shall hear persons who appear for or against the improvement, and determine whether it will or will not proceed with the improvement and whether it will make any changes in the original plan, and what the changes shall be. This action may be taken by motion adopted in the usual manner. 11.08.050 SIDEWALK CONSTRUCTION FUND. When all or any portion of the cost is to be assessed against the abutting property owner, the city council may create a "Sidewalk Construction Fund No ..... "to be numbered differently for each improvement; and with warrants drawn on this fund the cost of the respective improvements may be paid. The city may advance as a loan to the sidewalk construction fund from any available funds the amounts necessary to pay any costs of the improvement. When any assessments are made for the improvement payments therefor shall be paid into the particular sidewalk improvement fund; and whenever any funds are available over the amounts necessary to pay outstanding warrants any advances or loans made to the fund shall be repaid. Whenever warrants are drawn on any such fund which are not paid for want of sufficient funds, they shall be so stamped and shall bear interest until called and paid at a rate established by the city council by resolution. 11.08.060 ASSESSMENT ROLL - PREPARATION AND FILING- NOTICE OF HEARING - AFFIRMATION, MODIFICATION, REJECTION, OR RECASTING OF ASSESSMENT ROLL - APPEAL. Where all or any portion of the costs are to be assessed against the abutting property, an assessment roll shall be prepared by the proper City official or by the City Council which shall to the extent necessary be based on benefits and which shall describe the property assessed, the name of the owner, if known, otherwise stating that the owner is unknown and fixing the amount of the assessment. The assessment roll shall be filed with the City Clerk, and when so filed the Council shall by resolution fix a date for hearing thereon and direct the Clerk to give notice of such hearing and the time and place thereof. The notice of hearing shall be mailed to the person whose name appears on the County Treasurer's tax roll as the owner or reputed owner of the property, at the address shown thereon, and shall be published before the date fixed for the heating for two consecutive weeks in the official newspaper or regular official publication of the city. The notice shall be mailed and first publication made at least ten days before the hearing date. Proof of mailing and publication shall be made by affidavit and shall be filed with the City 3 (c', ~( Transportation Development Clerk before the date fixed for the heating. Following the hearing the City Council shall by ordinance affirm, modify or reject, or order recasting of the assessment roll. An appeal may be taken to the Superior Court from the ordinance confirming the assessment roll in the same manner as is provided for appeals from the assessment roll pursuant te Chapter 35.44 RCW tyy · '~,~,,.~. no ~' ..... of~n~! 11.08.070 MANNER OF PAYMENT OF ASSESSMENT. The City Council shall by rc,=c!uticn provide whether the full mount of the assessment shall be paid in one payment or whether it may bc paid in installments and shall prescribe the time and amount of such payments; and if more than one payment is provided for, the City Council may by rc~c!utic, n provide for interest on unpaid installments and fix the rate thereof. 11.08.080 LIEN - FORECLOSURE - PROCEEDINGS AS CONCLUSIVE. The assessment roll as affirmed or modified by the City Council shall be filed with the City Treasurer for collection, and the amount thereof including interest, if any, shall become a lien against the property described therein from the date of such filing. Whenever any payment on any assessment or installment is delinquent and unpaid for a period of thirty days or more the lien may be foreclosed in the same manner and with the same effect as is provided by Chapter 35.49 RCW 9~°, ~ ...... ~,, m, as amended. Whenever the deed is issued after the sale therein provided, the regularity, validity, and correctness of the proceedings relating to such improvement and the assessment therefore shall be final and conclusive and no action shall thereafter be brought by or in behalf of any person to set aside said deed. 11.08.090 CITY ENGINEER TO SUPERVISE. Whenever any sidewalk, curb or driveway on public rights-of-way in the city is to be constructed, the city engineer shall, in addition to establishing the alignment and grade, be vested with general supervision in order to insure a quality of constmcfion in keeping with general plans and specifications applicable to the locality in which the work is being done. To that end, whenever an abutting property owner proposes to construct or reconstruct a sidewalk, curb or driveway it shall be his/her duty, either in person or through his/her contractor, in the event the work is to be done by contract, to notify the city engineer of the time the work is to be commenced. 11.08.100 PERMIT REQUIRED - APPLICATION. No person, firm or corporation shall construct or reconstruct any curb, sidewalk or driveway on public rights-of-way without first obtaining a permit from the city. Such permit shall be issued by the city engineer upon written application describing accurately the location of the work to be done and a description of the work to be done. The applicant shall pay the sum of one dollar at the time of filing his/her application. 11.08.110 DEPOSIT TO ACCOMPANY PERMIT APPLICATION. At the time of filing his/her application for a permit the applicant shall deposit with the engineering department a fee equal to twenty cents per lineal foot of frontage on the street with a minimum fee of twenty dollars, which sum shall be used to help defray the costs of setting grades and alignment. Transportation Development 11.08.120 REJECTION OF PERMIT APPLICATION. Whenever in the opinion of the engineer the construction of a curb and/or gutter will create a hazard to adjoining property or to the city he/she may deny the application for the construction ora curb and/or gutter and shall set forth on the application the reasons for his/her rejection of the application. 11.08.130 LIABILITY INSURANCE REQUIRED. Before any permit is granted to any person, firm or corporation, for the construction or reconstruction of any curb, sidewalk or driveway upon public rights-of-way, such person, firm or corporation shall secure and deliver to the city and file with the city engineer a copy of public liability insurance to be approved by the city attorney in the sum of five thousand dollars for property damage and five thousand dollars for injury to one person and ten thousand dollars for all persons injured in one accident, which policy of public liability insurance shall be the usual form of premises liability insurance. 11.08.140 STAKING. Where the property owner required the staking of lines or grades for walks, curbs, streets or drives where such staking is to provide the property owner with controls for construction of buildings, walks, driveways or other improvements on his/her own property, the property owner shall make application to the city engineer for such staking. The city engineer shall perform the work of staking such lines or grades and shall charge to the property owner the cost to the city for such work on the basis of time, materials and equipment rental at an hourly rate not less than six dollars and fifty cents. 11.08.150 VIOLATION - PENALTY. (a) Any violation of Section 11.08.100 constitutes a civil violatiOn under Chapter 1.04 BMC for which a monetary penalty may be assessed and abatement and/or enforcement may be required as provided therein. (b) In addition to or as an alternative to any other penalty provided in this chapter or by law, any person who violates any provision of this chapter shall be guilty of a misdemeanor pursuant to Section 1.12.020(2) BMC. Each day, or a portion thereof, during which a violation occurs shall constitute a separate violation. 11.08.160 RCW ADOPTED. RCW 35.69 is adopted for the regulation of construction and reconstruction of sidewalks, the expense of which is to be borne by the abutting owner and the provision of this section will be in addition to any other method provided for by ordinance of the city. SECTION 5. A new chapter, Chapter 11.12 entitled "Transportation Development Code" is hereby added to the Bremerton Municipal Code to read as follows: Transportation Development 11.12.010 TITLE. This section shall be known as the "Transportation Development Code". 11.12.020 PURPOSE. The purpose of this Chapter is to implement the transportation element of the City Comprehensive Plan, and to provide an orderly process for the adoption, implementation, interpretation and modification of City transportation system development standards 11.12.030 AUTHORITY. The Department of Public Works and Utilities by and through its Director is charged with the administration and enforcement of the provisions of this Chapter. The Director shall have the authority to: (a) Develop and adopt procedures as needed to implement this Code and to carry out the responsibilities of the Department. (b) Request the assistance of other City departments to administer and enforce this Code. (c) Assign the responsibility for interpretation and application of specified procedures to divisions within the Department of Public Works and Utilities. (d) Require or allow a performance or maintenance assurance surety when authorized by a provision of this Chapter (e) Act as final authority for appeals and requests for variance from requirements of this Chapter. (f) Amend, interpret, and allow deviations from the City of Bremerton Design and Construction Standards ("Engineering Standards) when the Director finds that said reasons are in the best interest of the community. The Director is further authorized to establish minimum requirements for the design and construction of transportation facilities, utilities, and other public infrastructure, and requirements for protecting existing facilities during construction. The Engineering Standards shall be consistent with this Code and adopted City policies. Modifications to or deviations from adopted Engineering Standards must be supported, in writing, and demonstrate that the public interest is protected, and the modification is based upon sound engineering and/or public safety principles and adequately addresses all relevant functional, safety, maintenance, and aesthetic concerns. Ifa deviation is requested by an applicant, the Director shall require all necessary information to be provided by the applicant, and the applicant shall pay all City costs, including staff time and consultant fees, associated with reviewing and approving the deviation request. (g) Apply for grants to conduct transportation improvements. (h) Delegate, in writing, the Director's authority to perform any of the tasks required of him/her under this Chapter to other personnel with the Department, as is needed for the effective and efficient administration of the Department and the duties required under this chapter. 11.12.040 TERRITORIAL APPLICATION. This Chapter shall apply to all development within the City. No permit shall be issued for any development in the City unless mitigation conditions, or improvements required by this Chapter are made conditions of the permit. 6 ~ .~ Transportation,, Development 11.12.050 DEFINITIONS. The following words and phrases, when used in this chapter shall have the following meanings unless the context clearly indicates otherwise: (a) "Activity Centers" means locations such as schools, parks, retail areas and shopping centers, places of employment, or public service agencies that attract people. (b) "Bicycle Facilities" is a general term referring to improvements that accommodate or encourage bicycling, including, but not limited to parking facilities, bike racks, and improvements to bicycle routes. (c) "Bicycle Route" means any route designated for bicycle travel in the Comprehensive Plan, whether exclusive for bicyclists or to be shared with other transportation modes. (d) "Cul-de-sac" means a street closed at one (I) end by widened pavement of sufficient size for vehicles to mm around. (e) "Curb (wheelchair) ramp" means a ramp cut into a roadway curb and sidewalk to allow access for physically challenged pedestrians to and from sidewalks and streets. (f) "Dedication" shall mean the transfer of land or interest in land by the owner of such land to the City for public uses, reserving no other rights than such as are compatible with the full exercise and enjoyment of the uses to which the property has been dedicated. (g) "Developer" or "Applicant" means the property owner and his/her authorized agents or contractors responsible for a project. (h) "Development" shall mean any modification to any existing structure, modifications of the existing natural landscape above and below ground or water, new construction or modification of a site previously modified by human activity. (i) "Director" means the Director of the Department of Public Works and Utilities of the City of Bremerton or his/her designated or authorized representative. 0) "Easement" means a privilege to use the land of another, or to restrict the use of the land of another, for a designated purpose. Easement, as used herein, unless the context clearly designates otherwise, shall be an easement appurtenant, and shall be in a form approved by the City, and recorded with the Kitsap County Auditor as an encumbrance on the subservient estate. (k) "Gross Square Feet" means the total number of square feet within the finished wall surface of the outer building walls of a structure. Including enclosed parking, but excluding vent shafts, outdoor courts and parking. (1) "High Occupancy Vehicle" (HOV) means an automobile, vanpool, bus or other motor vehicle with two or more occupants. (m) "Mixed Use Development" means the development of a contiguous tracts of land, a building or a structure with two or more different uses as identified in the Land Use Code. (n) "Mode Split" means the percentage of overall trips made by different means of transportation. (o) "Peak Period" means the two-hour a.m. or p.m. period during which the greatest volume of traffic uses the road system impacted by the project traffic. (p) "Project" means development or redevelopment for which a City permit is required. (q) "Redevelopment" means either renovation of a structure where the cost or value (whichever is greater) of renovation is greater than or equal to 25-percent of the Kitsap County assessed value of that structure, or modification of the land, where the cost or value (whichever Transportation Development is greater) of the modification is greater than or equal to 25-percent of the Kitsap County assessed value of the land. (r) "Right-of-Way" (Public) means all real property dedicated to public use for street purposes, utilities, walkways, sidewalks, bikeways, parking, or buffer strips, whether improved or unimproved, including the sub-surface rights and easements related thereto. (s) "Single Occupancy Vehicle" (SOV) means a motor vehicle transporting the driver only. (t) "Street Frontage" means any part of private or public property that borders a public right-of-way dedicated for use by motorized vehicles. (u) "Street Tree" means a tree planted for landscaping purposes within the public right-of-way. (v) Street Vegetation" means vegetative plantings, including trees, used for landscaping purposes within the public right-of-way. 11.12.060 TRAFFIC IMPACT ANALYSIS REPORTS. Traffic impact analysis reports are required for proposed development projects when the City Engineer has reason to believe that the impact on the City's existing or planned future transportation facilities will be significant. "Significant", for this purpose, means generating, on any portion of the City's transportation system, in excess of two percent more traffic above the existing base line at either the peak period or for the average day where the base line shall be determined by the City Engineer. The City Engineer may require the traffic study to include any elements determined necessary in order to evaluate the nature and extent of appropriate mitigation measures. The report shall contain quantification of existing traffic, including existing LOS circulation, and parking plus that for the site after the proposed project is constructed. The analysis shall consider traffic impacts during the peak period. If the development generates significant traffic volumes outside the peak period of the adjacent road system, the City Engineer will determine the appropriate time interval of the analysis. The report shall also propose means to mitigate the impacts of the project in accordance with section 11.12.070. The Traffic Impact Analysis shall be prepared by a Washington Registered Professional Engineer who is qualified in traffic engineering. 11.12.070 TRAFFIC IMPACT MITIGATION. (a) The City Engineer shall impose conditions necessary to mitigate all impacts of traffic, circulation and parking resulting from a project. For segments, intersections or other portions of the street system for which a Level of Service (LOS) Standard has been adopted within the current Comprehensive Plan of the city, mitigation measures shall be sufficient, in the estimation of the City Engineer, to assure that such segments, intersections or other portions of the street system continue to meet or exceed the adopted LOS standards after full project occupancy and operation. For segments, intersections or other portions of the street system for where the present LOS is below the standard that has been adopted in the current Comprehensive Plan the mitigation measure shall be sufficient in the estimation of the City Engineer to maintain or exceed the present LOS. Mitigation measures may include, but are not limited to, channelization; intersection modifications; signal installation, modification, or replacement; installation of acceleration/deceleration lanes; mm lanes and medians. (b) Required traffic mitigations related to LOS standard shall not require that an applicant mitigate portions of traffic not attributable to the project. 8 'l ~ Transportation Development (c) The City Engineer may require the applicant to participate in the funding of mitigation measures required as a result of traffic impacts associated with development on the property in lieu of construction of the improvements if the City Engineer determines that the delay in construction will not adversely impact the City Transportation System, and the best interests of the public would be better served by the delay. 11.12.080 DESIGN AND CONSTRUCTION ENGINEERING STANDARDS AND DEVIATIONS. (a) All projects shall be designed and constructed in accordance with the current City of Bremerton Design and Construction Standards (also referred to as the "Engineering Standards") as on file with the Department of Public Works and Utilities. The Engineering Standards shall also apply wherever any public work is performed within the City of Bremerton. City capital improvement projects, maintenance projects, utility projects and other projects performed by or on behalf of City employees shall meet all standards outlined in this document, except for otherwise approved deviations. These Standards are not intended to apply to "resurfacing, restoration, and rehabilitation projects" as those terms are defined in the most current Local Agency Guidelines, Washington Department of Transportation (WSDOT). Except where the Engineering Standards or the provisions of this Chapter provide otherwise, all design construction, and materials shall conform to the most current of the following publications: (1) WSDOT/APWA Standard Specifications for Road, Bridge, and Municipal Construction, hereinafter referred to as the "WSDOT/APWA Standard Specifications"; (2) WSDOT/APWA Standard Plans for Road, Bridge, and Municipal Construction, hereinafter referred to as the "WSDOT/APWA Standard Plans"; and (3) A Policy on Geometric Design of Highways and Streets, AASHTO; "Manual on Uniform Traffic Control Devices", FHWA. (b) An applicant may request a deviation from an Engineering Standard. Requests for deviation shall be made by the Applicant in writing and shall include the specific standard from which deviation is requested, an engineering report, calculations, or other technical documentation that provides a basis for the deviation. The deviation may only be granted if the applicant demonstrates with clear and convincing evidence, that: (1) The deviation is required due to geotechnical, topographical, or other physical constraints that are beyond the control of the applicant. (2) The unavailability of specified materials and the substitute materials will equal or exceed the performance criteria of the specified materials. (3) The public safety and welfare will not be adversely impacted by the deviation. (4) The deviation with not detract from the intent and purpose of this Chapter or the Engineering Standards. (5) The other requirements of section 11.12.030(f) are met. 11.12.090 DEDICATION OF RIGHT-OF-WAY. The City may require the dedication of right-of-way in order to incorporate transportation improvements that are reasonably necessary to mitigate the direct impacts of the development. The property owner may be required to dedicate right-of-way to accommodate: (a) Motorized and non-motorized transportation, landscaping, utility, street lighting, traffic control devices, and buffer requirements; and 9 --/ D~ Transportation Development (b) Street frontage improvements where the existing right-of-way is not adequate to meet current right-of-way width requirements; and (c) The extension of existing or future public street improvements. (d) Other transportation facilities deemed necessary by the Director of Public Works and Utilities in order to mitigate the impacts identified in the development. 11.12.100 EASEMENTS. (a) The City may require the dedication of such easements as are necessary to provide all necessary public services, utility services, and motorized and non-motorized circulation corridors in and through the development, consistent with the provisions of the Comprehensive Plan and other adopted City plans. Easements may include, but are not limited to uses for private streets, sidewalks, street lighting, traffic control devices, temporary construction, and pathways. Design features of a street may necessitate the granting of slope, wall, and drainage easements. (b) Non-motorized easements may be required where necessary to facilitate pedestrian circulation between neighborhoods, schools, shopping centers and other activity centers even if the facility is not specifically shown on the City's Comprehensive Plan. (c) Non-motorized easements shall be wide enough to include the trail width and a minimum clear distance of two feet on each side of the trail. Easement width may vary according to site-specific design issues such as topography, buffering, and landscaping. (d) Non-motorized easements shall be designated "City of Bremerton Non~motorized Public Easement" and easement documents shall specify maintenance responsibilities. 11.12.110 STREET FRONTAGE IMPROVEMENTS. (a) The installation of street frontage improvements in accordance with the Engineering Standards is required prior to issuance of development and building permits for all new development and redevelopment for all land use types, unless one or more of the following exceptions are met: (1) The property is undergoing redevelopment, is zoned as Single Family Residential, has one single-family residence, and has less than 200 feet of total frontage. (2) Adjacent street frontage improvements are unlikely to be installed in the foreseeable future as determined by the Director; or (3) The installation of the required improvement would cause significant adverse environmental impacts. (b) Complete street frontage improvements shall be installed along the entire street frontage of the property at the sole cost of the applicant as directed by the Director. Street frontage improvements may include curb, gutter, sidewalk, storm drainage, street lighting, traffic signal equipment, utility installation or relocation, landscaping strip, trail, street trees and landscaping, irrigation, street widening, turn pockets, and channelizafion or other improvements deemed necessary by the Director to mitigate the impacts of the development. Specific improvements will vary on a site-by-site basis and shall be determined by the Director. Beyond the property frontage, the applicant shall provide ramps from the new sidewalk or walkway to the existing shoulder, and pavement and channelization tapering back to the existing pavement and channelization as needed for safety and in accordance with accepted engineering practice. (c) When, due to site topography, City plans for improvement projects, or other similar reasons, the City Engineer determines that street frontage improvements cannot or should 10 -7 (~ Transportation Development not be constructed at the time of building construction, the Director may, in his/her discretion, allow the applicant to pay to the City an amount equal to the property owner's cost of installing the required improvements. Payment shall be made prior to issuance of a building permit. The property owner shall provide documentation satisfactory to the City of materials costs, quantities, and labor costs; or, in the Director's discretion, record an agreement binding to the property, which provides for these improvements to be installed and paid for by the property owner by a date acceptable to the City; and record an agreement binding to the pmperty to not protest a Local Improvement District to improve the street frontage. 11.12.120 LANDSCAPING IN RIGHTS-OF-WAY, EASEMENTS AND ACCESS TRACTS. (a) Preservation of existing street trees and landscaping may be required along City streets as a condition of permit approval. (b) For any development wherever it is necessary to remove or relocate street vegetation in connection with the widening of the street or highway, the paving of a sidewalk, or the installation of ingress or egress, the property owner shall replant such vegetation in size and kind or replace them according to Engineering Standards, as determined by the City Engineer, and BMC Chapter 13.10.080. (c) Any existing landscaping in the right-of-way not included in the development plans that is disturbed by construction activity on private property shall be replaced or restored to its original condition by the property owner. (d) Landscaping and other improvements within the right-of-way are subject to removal at the request of the City when the right-of-way is needed for public use. (e) Street Tree and Landscaping Installation Requirement. (1) Street landscape installation or improvement is required when applicable projects are to be undertaken along major arterials and other streets as identified in the Comprehensive Plan and in accordance with the Engineering Standards. (2) Ground cover shall be provided for site frontage right-of-way with a potential for erosion. (f) Species Selection: Selection of tree species shall comply with the Engineering Standards, BMC Chapter 13.10, and the Comprehensive Plan. (g) Maintenance of Plant Materials shall be in accordance with BMC Chapters 9.14 and 13.10. 11.12.130 PRIVATE STREETS. Private streets will be allowed only when the Comprehensive Plan does not designate the area will be served by a public street, and the following criteria are met.: (a) The street design and construction is in conformance with Engineering Standards; and (b) A covenant which provides for maintenance and repair of the private street by property owners has been approved by the City and recorded with Kitsap County; and (c) The covenant includes a condition that the private street will remain open at all times for emergency and public service vehicles; and (d) The private street would not hinder public street circulation; and (e) At least one of the following conditions exists: (1) The street would ultimately serve four or fewer lots; or 11 ?-~ Transportation Development (2) The street would ultimately serve more than four lots, and the City Engineer and the Fire Chief determine that no other access is available. In addition, the proposed private street would be adequate for transportation and fire access needs, and the private street would be compatible with the surrounding neighborhood character; or the private street would be part of a Planned Unit Development; or the private street would serve commercial or industrial facilities where no circulation continuity is necessary as determined by the City. 11.12.140 ACCEPTANCE OF PRIVATE STREETS AS DEDICATED PUBLIC STREETS. Acceptance of private streets as dedicated public streets will be considered if the street meets all City street design and construction standards for public streets at the time the dedication is requested. Consideration of acceptance is also subject to the requirements of other City of Bremerton departments. Final acceptance is subject to City Council approval. The following criteria will be evaluated: (a) Acceptability of street and utility construction. Pavement condition shall be brought up to the standards of new construction and the observable condition index is 90 or greater as determined by the City Engineer. Co) Condition of title. (c) Survey requirements for monumentation and conveyance. (d) The need for additional right-of-way and easements. (e) The benefit to the public of accepting the dedication. (0 Cost of accepting the street, including future maintenance costs. 11.12.150 DRIVEWAYS. (a) Driveways and parking areas shall be designed such that vehicles attempting to enter the driveway or paring area will not impede vehicles in the travel lane of the public street. (b) Whenever possible, access for commercial and multifamily property shall be provided onto streets that do not abut Single Family Residential land uses. (c) Combined driveways for adjoining properties are encouraged. In conjunction with approval of a development, the City may require the applicant to provide an access and circulation easement to an abutting owner where joint access is reasonable to serve future development. (d) The installation of driveways onto arterials may be denied if alternate access is available. Owners applying for development permits on state routes and principal arterials shall demonstrate that they have made efforts to reduce the number of driveways along their frontage through formation of private shared easements or other means as a result of their projects. (e) The continued use of pre-existing driveways must meet all requirements of this section with the development of a site. (f) All abandoned driveways on the street frontage to be improved shall be removed and new curb, gutter and sidewalk shall be installed. (g) Driveway approach grade and configuration shall accommodate planned furore street widening in accordance with the Comprehensive Plan to prevent the need for major driveway reconstruction. (h) No commercial driveway will be approved where backing onto the sidewalk or street will occur. 12 '7 ~ Transportation Development (i) The City may restrict left tums to and from a driveway, either at the time of development or in the future, without compensating the property owner for any resulting impacts as a result of such restriction. (j) Unless there exists no other access to the property in question, the City will not permit any driveway to be located any closer than 100 feet fi'om any other driveway, measured from nearest edge to nearest edge. If there exists no other access to the property in question, driveways shall be located as far apart as reasonably possible. (k) Unless there exists no other access to the property in question, the City will not permit any driveway to be located any closer than 150 feet from the nearest cross street, measured from nearest edge to nearest edge. If there exists no other access to the property, the driveway shall be located as far away from the cross street as possible. Access onto State highways shall conform to WAC 468.52. (1) The City shall not permit more than one driveway or street opening on any property having a street frontage on principal arterials of 200 feet or less. (m) On streets other than principal arterials, the City shall not permit more than one driveway or street opening on any property having a street frontage of 100 feet or less. (n) Driveways shall be located at least five feet from the property line. (o) Driveways onto principal arterials, including state routes, shall include deceleration lane, and acceleration lanes. (p) Deviations from Section 11.12.150 may be approved at the discretion of the Director if: (I) The modification is reasonable and necessary for development of the property; and (2) The modification will not create an unsafe condition for motorists or pedestrians. 11.12.160 PRIVATE INTERSECTION OPENING. A private intersection opening may be required at the discretion of the City Engineer in lieu of a conventional driveway when the projected driveway traffic is greater than 1,000 vehicles per day. (a) A private intersection may include the following elements: (1) Traffic signalization; (2) Easements; (3) A minimum 100 foot storage area mm pocket plus taper between the face of curb and any turning or parking maneuvers within the development; (4) The opening is at least 150 feet from the near side face of curb of the nearest intersecting street; (5) The opening is at least 100 feet from any other driveway on the property frontage under the control of the property owner. 11.12.170 STREET ENDS. (a) All dead-end public streets and private streets shall be designed as a cul-de-sac, except as provided in Section 11.12.170(b). (b) A "hammerhead" turnaround may be used in lieu of a cul-de-sac if the street is less than 200 feet long and serves six or fewer lots. Such an alternative design may be used if approved by the City Engineer and the Fire Chief. 13 ~ ~i Transportation Development 11.12.180 PARKING CIRCULATION. Parking lot and circulation needs shall be met on site. The public right-of-way shall not be used as part of one-way parking lot flow, or other site circulation. 11.12.190 TRAFFIC SIGNALS. (a) When a proposed street or driveway design interferes with existing traffic signal facilities; traffic signal modification or relocation must be provided and paid for by the Applicant. (b) To mitigate the traffic impacts of a development, modification of an existing signal or installation of a new signal may be required to be provided and paid for by the Applicant as determined by the Director. (c) All traffic signal design modifications shall be prepared by a Washington Registered Professional Engineer experienced in traffic signal design and included in the Traffic Impact Analysis Report specified in Section 11.12.060. 11.12.200 STREET LIGHTING. (a) Street lighting is required along all public streets, including new public streets in subdivisions and short subdivisions in accordance with the Engineering Standards and Section 11.12.110. The property owner is responsible for design and installation of new lighting and relocation of existing lighting along the street frontage of the development. (b) All street light installations, including wiring, conduit, and power connections, shall be located or relocated underground except in residential areas with existing above-ground utilities. (c) For new subdivisions, the City will accept maintenance and power cost responsibility for the public street light system when a subdivision is 50 percent or more occupied. Until then, the property owner shall remain responsible for the maintenance of and energy charges for the street lighting system. The property owner shall notify the City when 50 percent occupancy is obtained. (d) The City will not accept maintenance and power cost responsibility for a public street light system that does not conform to the City's most current Engineering Standards. (e) Street illumination in accordance with Engineering Standards is required at the intersection of a private street and a public street. No street lighting is required along a private street. 11.12.210 TRAFFIC CONTROL. (a) Temporary traffic control to ensure traffic and pedestrian safety during construction activities must be provided by the property owner at the owner's expense. A plan meeting the approval of the City Engineer must be developed prior to starting construction activities. (b) The developer is responsible for supplying and installing all necessary p~manent traffic control devices such as street name signs, stop signs, speed limit signs, and channelization, all in accordance with City Standards and the MUTCD. (c) Neighborhood traffic control devices such as speed humps, traffic circles, curb extensions, etc., are devices used to control vehicle speeds and cut-through traffic. Installation of these devices will be permitted only in accordance with Engineering Standards and Warrants, and with approval by the City Engineer. 14 Transportation Development 11.12.220 UTILITY COMPANIES. (a) Subject to the roles, regulations and schedules of the WUTC for private utilities, utility companies with facilities in City right-of-way shall relocate their facilities at their own expense when the relocation is necessary to accommodate public street improvements. The improvement work must be required by the City in order for the relocation work to be the financial responsibility of the utility; otherwise, all costs shall be the responsibility of the property owner. In the event such utility company is subject to a franchise agreement or fight-of- way use agreement with the City, such agreement shall control any relocation requirement. (b) All new utility transmission, distribution or collection systems in new subdivisions and short subdivisions, including power, telephone, television, cable, Interact cable, and all other telecommunications shall be installed underground unless otherwise provided in a franchise agreement or right-of-way agreement. (c) Above ground utility devices (e.g. poles and transformers) shall be located as shown in the Engineering Standards and shall not under any circumstances reduce the unobstructed width of the sidewalk to less than 42-inches. (d) Utility companies are subject to the Department of Public Works and Utilities policies regarding "Type B Right-of-Way Use", "Elimination of Nuisance Utility Poles", "Trenching in the Right-of-Way", and other policies as prepared and updated by the Director. 11.12.230 STREET INTERSECTION SIGHT DISTANCE REQUIREMENTS. No new development, redevelopment, and maintenance of existing conditions (e.g. parking, vegetation growth, or other obstructions) shall result in obstruction of sight distance to motor vehicle operators as determined by the Director. Specific criteria for identification of sight obstructions are set forth in the City's Engineering Design and Construction Standards. 11.12.240 SIGHT DISTANCE REQUIREMENTS FOR PEDESTRIAN SAFETY. (a) The minimum sight distance for pedestrian safety shall be determined as follows: the driver of an exiting vehicle shall be able to view a one-foot-high object in the center of a sidewalk or shoulder and located 15 feet away from either edge of the driveway throat when the driver's eye is 15 feet behind the back of the sidewalk. (b) The minimum sight distance defined in Section 11.12.250(a) shall be maintained at all driveways, buildings, and garage entrances where structures, wing walls, etc. are located adjacent to or in close proximity to a pedestrian walkway. (c) Sight lines to traffic control devices such as signs, signals, etc. shall not be obscured by landscaping, street furniture, marquees, awnings, or other such obstructions. 11.12.2~0 PAVEMENT RESTORATION FOR TRENCHING IN RIGHT-OF- WAY. (a) Construction in the right-of-way including trenching, excavation and pavement restoration shall be in accordance with the Engineering Standards. (b) Public street pavement shall not be degraded by trenching, excavation, and pavement restoration activities without due compensation to the City. Deviations to Section 11.12.250(a) may be approved by the Director of Public Works and Utilities upon written request by the applicant and demonstration of a satisfactory altemative. 15 ~ i Transl~ortation Development (c) A five-year moratorium on pavement trenching is effective upon completion of new street construction and upon pavement overlay of an existing street. Deviations to Section l 1.12.250(c) may be approved by the Director under compelling circumstances and emergencies, such as utility failures, main breaks, etc. 11.12.260 VIOLATION - PENALTY. (1) Any violation of any provision of this chapter constitutes a civil violation under Chapter 1.04 BMC for which a monetary penalty may be assessed and abatement and/or enforcement may be required as provided therein. (2) In addition to or as an alternative to any other penalty provided in this chapter or by law, any person who violates any provision of this chapter shall be guilty of a misdemeanor pursuant to Section 1.12.020(2) BMC. Each day, or a portion thereof, during which a violation occurs shall constitute a separate violation. SECTION 6 Section 13.10.080 of the Brernerton Municipal Code entitled "Planting, Pruning, Removal, and Maintenance Standards" is hereby amended to read as follows: 13.10.080 PLANTING, PRUNING, REMOVAL, AND MAINTENANCE STANDARDS. The following standards are hereby established for the planting, pruning, removal, and maintenance of municipal trees and shrubs in the public areas of the City. All planting of trees and other landscaping in public areas o['the City, includin~ the rights-of-~vay, shall be in contbnnance with the City's Engineering Desi~ and Construction Standards: (a) Planting: (1) All trees will be not less than one and one half inch caliper and be No. 1 grade, as described by the American Association of Nurserymen (AAN). (2) No tree or shrub will be planted closer than two feet from the curb line or 10 feet from a driveway or alley. Trees shall be spaced at intervals of at least 20 feet depending upon species and the expected height of the tree at maturity. Plantings at or near intersections shall be spaced in accordance with sight distance specification in the City's Engineering Design and Construction Standards. (3) Sidewalk cuts, where necessary, shall be approved by the Engineering Division and will be a minimum of 4 feet in diameter so as to allow the natural percolation of water. Paver blocks, cobblestones or tree grates or other permeable surfaces will be used to fill the sidewalk cuts around trees. (4) All young trees, for a minimum of one year, shall be securely staked and guyed until the roots become established. (5) Municipal trees and shrubs planted prior to the passage of this ordinance are exempt from these planting standards. (6) A list of recommended species of municipal trees is available from the Parks and Recreation Department for those desiring to plant municipal trees in City areas adjacent to their properties. Approval of the tree species is required by the City Urban Forester prior to planting, if it is not on the recommended species list. (7) Public Education programs regarding tree planting, care and maintenance will be provided by the Parks and Recreation Department in conjunction with Arbor Day festivities each year in April to encourage public involvement in tree planting. Additionally, the Parks and Recreation Department will maintain a tree library available for use by the public. 16 ~ ~ Transportation Development (b) Pruning: Pruning of any municipal tree on any public area must be authorized by the Parks and Recreation Department's City Urban Forester or performed by City employees at the discretion of the Department. Trees are pruned to preserve their health and appearance, and to eliminate safety and utility concerns, which will increase their longevity in the urban area. (1) Pruning Defined: i. Fine Pruning: removal of dead, diseased, objectionable and/or weak branches which are larger than one-half inch in diameter. ii. Medium Pruning: removal of dead, diseased, objectionable and/or weak branches which are larger than one inch in diameter. iii. Safety Pruning: removal of the dead, diseased and/or weak branches to a size that in falling would injure a person and/or property. iv. Cut Back to Topping: cutting back, drop crotching or topping consists of the reduction of tops, sides, underbranches, or individual limbs with attention given to symmetrical appearance. (2) All trees and shrubs which have branches overhanging a public street or boulevard shall have said branches pruned to a clearance height of fourteen feet. Those overhanging a public sidewalk shall be pruned to a clearance height of eight feet. The provisions of this section may be waived by the Parks and Recreation Department in the case of newly planted trees so long as they do not interfere with public parking, travel or safe viewing distances at intersections, or endanger public safety as determined by the Engineering Division. Any tree or shrub on private property which hangs over a city right of way which is not pruned as herein provided shall be subject to the provisions of Section 13.10.090 of this chapter. (3) All dead wood, stubs, broken branches, badly formed branches, diseased branches, and branches interfering with public travel, lighting, existing buildings and traffic signs shall be removed during the pruning operation, with consideration given to the symmetry and beauty of the municipal tree or shrub. (c) Removal: (1) All municipal trees and shrubs which have fallen or been authorized for removal shall be completely removed from the growing site and disposed of in an authorized manner. The stump shall be ground out to a depth suitable for future planting of trees or turf. (2) When municipal trees or shrubs are removed because of inappropriate location, a more appropriate site for replacement will be selected, when possible, in as close a proximity as spacing permits. Trees removed due to health, age, size for its location, or undesirable species type shall be replaced, when appropriate/available, with a suitable tree or shrub which will not produce the same problem in accordance with this ordinance. (3) No municipal tree or shrub shall be removed from any public area for the sole purpose of providing a view for any private property or individual. (d) Maintenance: (1) All municipal trees will receive routine maintenance on a 4 year cycle. (2) Special consideration will be given to the watering, weeding and protection of young trees during the first three years. (3) The use of biological controls and sprays will be encouraged and used by City employees whenever possible in the treatment of insect infestation in trees on city lands and rights of way. 17 ~ ~ Transportation Development SECTION 7. Chapter 11.10 of the Bremerton Municipal Code entitle "Sidewalks - Duties of Abutting Property Owners" is hereby amended to read as follows: Chapter 11.10 SIDEWALKS - DUTIES OF ABUTTING PROPERTY OWNERS 11.10.010 MAINTENANCE OF HAZARDOUS CONDITIONS PROHIBITED. (a) It shall be the duty of persons occupying property abutting on public sidewalks t¢ keep those sidewalks tree of snow, it_e, obstruction or other objectionable thing. It shall be the duty o['tf i"; tm!awful -fi~ the owner and/or any person, firm, or corporation occupying or having charge or control of any promises abutting upon any public street, right-of-way, or alley, or beneath such public sidewalk area in the City to construct, place, cause, create, maintain, or permit to remain upon any part of said right-of-way located between the curbline, or if there is no curbline, then between the adjacent edge of the traveled portion of such right-of-way and the abutting property line, any condition, structure, or object dangerous or hazardous to the use of said right-of-way by the members of the general public including, but not limited to, the following conditions: (al) Defective sidewalk surfaces, including but not limited to broken or cracked cement, stub-toes, depressions within or between sidewalk joints; (b2) Defective cement surfaces placed adjacent to the public sidewalk or defects at the juncture between said cement surfaces and said public sidewalks, including stub-toes or depressions at said junction; (e~3) Defects in sidewalks or public ways caused or contributed to by the mots of trees or similar growth or vegetation located either on private adjoining property or on the parking strip portion of any such street right-of-way; (d4) Defective conditions caused by tree limbs, foliage, brush or grass on or extending over such public sidewalks or rights of way; (e5_) Defective conditions on the planting strip, unless posted for parking. (i,~) Defects resulting from accumulation of ice and snow on public sidewalks or on the right-of-way between the curbline or, if there is no curbline, then between the adjacent edge of the traveled portion of the street roadway and the abutting property line; (g-,27) Defects consisting of foreign matter on the public sidewalks, including but not limited to gravel, oil, grease, or any other foreign subject matter that cause pedestrians using said sidewalk to fall, stumble or slip by reason of the existence of such foreign matter. (rS_) Defective handrails or fences or other similar structures within or immediately adjacent to said right-of-way. (Ord. 4260 §5, 1990; Ord. 4211 §8, 1989; Ord. 2968 §1, 1971) (b) The term "person occupying property" shall mean owners, tenants, subtenants and licensees who occupy or are entitled to occupy and make general use of property. ( l ) In the case of apartment houses, rooming houses, courts, and similar buildings, the term "person occupying property" shall mean that person or persons owning or in control and management of the building on the property. 12) In the case of office buildings, duplexes and other property occupied by more than m~e person, timq or i-'amilv and not included in paraeraph (1) above the term "person occk~ying_prop_e_~_2,"' shall mean each of thc owners or occupants of such building whose 18 ~'~ Transportation Development premises arc on thc sidewalk Icxcl and they shall be responsible for so much of the sidewalk as is adiaccnt to their premises. :,.~ ................. c~g ............. *~ ....1h~thc city ~ 11.10.¢~020 DUTY TO MAINTAIN, CLE~ AND REPAIR SIDEWALK. ~enever ~y public right-of-way in the city has been improved by the construction ora sidewalk along either side thereof, the duty ~d expense of the maintenance, clewing, repair ~d renewal of said sidewalk, including the erection or mainten~ce of suitable ba~ers along the outer margin of said sidewalk where the same is elevated more than two feet above the abutting prope~y, shall be upon the own~ of the directly abutting prope~y. All such repairs shall be made a~er application for/~d issuance of a proper building pe~it ~efor, as required by law, ~d all of such work to be duly inspected and approved by the city engineer. 11.10.~030 SIDEWALK ~LOCATION. Any person, tim or co~oration desiring to ch~ge or relocate ~y sidewalk in front of ~d abutting its prope~y shall make application in writing to the engineering dep~ment of ~e city, md such application shall cont~n, ~ong oth~s, the exact location of such proposed ch~ge or relocation, the location of any new sidewalk to be laid ~d ~e co~ections and locations of o~er sidewalks upon such street; no ch~ge or relocation of ~y sidewalk sh~l be made until ~e issu~ce of~ appropriate pemit therefor. (Ord. 2968 ~3, 1971) 11.10.040 VIOLATION - PENALTY. (a) Any v o ation of any provision of this chapter constitutes a civil violation under Chapter 1.04 BMC t~r which a monetary pen~ty may be assessed and abatement and/or enfi~rcement may be required as provided therein. (b) In addition to or as an alternative to any other penalty provided in this chapter or bv law, any person who violates any provision of this chapter shall be guilt?' of a misdemeanor pursuant to Section 1.12.020(2) BMC. Each day, or a potion thereofi during which a violation occurs shall constitute a separate violation. .... ; t .................... orporatK .............. b ~,,; ....... l .......................... ~ ............ } I.IX XECTION ~ Xe~era~i]i~. Iffy one or more sections, subsections, or sentences of this ordin~ce ~e held to be unconstitutional or invalid, such decision shall not 19 Transportation Development affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION9. 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:LLEGAL\Ordinancesheublic Works & Utilities\Transportation D~¢lopment Code, Ordinance.doc 20 ~'{~ Transportation Development DATE SUBMITTED: May 1,2003 BILL it AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: PUBLIC HEARING ON Committee Meeting Date: May 13, 2003 ORDINANCE AMENDING BMC COUNCIL MEETING Date: May 21 and 28, 2003 CHAPTER 11.02 RELATING TO LONG Department: Public Works & TERM RIGHT-OF-WAY PERMITS Utilities Presenter: Michael C. Mecham O'P~'~ ~0 , lq~'7 Phone: 473-5288 SUMMARY: The current criteria in Chapter 11.02 of the Bremerton Municipal Code provides for long-term use of City right-of-ways up to five years. The proposed ordinance provides for extended long-term right of way use permits up to 10 years under certain circumstances. These circumstances may include structures, facilities, and uses that involve capital expenditures and long-term commitment of use for private development. ATTACHMENTS: Proposed Ordinance dO. t( ff 5'7 FISCAL IMPACTS (Include Budgeted Amount): APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: MAYOR: FISCAL/BUDGET: ,.~"~ OPERATIONS: ~.~ COUNCIL PRESIDENT: RECOMMENDED MOTION: ~ I move to pass Ordinance No. ~ [~7 on second reading. AGENDA STATUS: Consent New Business Old Business Ordinance COUNCIL ACTION: [] Approve [] Deny [] Postpone [] No Action Resolution Public Hearing ~"] information Study Session ORDINANCE NO. 4~57 AN ORDINANCE of the City Council of the City of Bremerton, Washington, regarding use of City rights-of-wa~ and ,amending Section 11.02.080 of the Bremerton Municipal Code relating to Type C long-term permits. WHEREAS, the City currently allows the use of City right-of-way for uses that do not interfere with the public use by pedestrians and vehicles, are not detrimental to the public health and safety, are not aesthetically incompatible with the City's streetscape design standards; and WHEREAS, certain uses that meet these criteria require approvals that are for periods of time longer than that authorized by the current permit categories; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 11.02.080 of the Bremerton Municipal Code entitled "Right-of-Way Use Permits" is hereby amended to read as follows: 11.02.80 RIGHT-OF-WAY USE PERMITS. The following types of right-of-way use permits are established. A. Type A- Short-Term Use. 1. Type A permits may be used for use of right-of-way for up to four weeks for purposes which do not involve the physical disturbance of the right-of-way. 2. This type of use may involve disruption of pedestrian and vehicular traffic and may require inspections, cleanup and traffic control. For periods longer than four weeks these uses will be considered Type C, long-term use. 3. Type A permits include but are not limited to the following: a. Temporary street and sidewalk closures. b. Temporary blockage of streets and sidewalk, for uses such as dumpsters and scaffolding. B. Type B - Disturbance of the Right-of-Way. 1. Type B permits may be issued for activities that alter the appearance or disturb the surface, or disturb the subsurface of the right-of-way on a temporary or permanent basis. Type B permits are also required for the initial construction of improvements within rights-of-way and private streets required to conform to City standards. Type B permits may be issued for up to 120 days. 2. Type B permits include, but are not limited to, construction activities associated with: a. Boring, jacking or pushing; b. Construction adjacent to the right-of-way that may physically impact the right-of-way; 1 ~ ROW Type C Long- Term Permit c. Culverts; d. Curb cuts, handicap ramps and driveway approaches; e. Curbs, gutters, and sidewalks; f. Drainage facilities; g. Installation of landscaping; h. Painting; i. Paving; j. Street trenching; k. Utility Installation. C. Type C - Long Term Use. 1. Type C permits may be issued for right-of-way use for activities for extended periods of time which will not further physically disturb the right-of-way once in place. This may include structures, facilities, and uses that involve capital expenditures and long-term commitment of use. The Type C permits shall be a revocable permit. Type C permits may be issued for a term of up to five (5) years except as provided for in subsection 7 below. 2. A Type B permit may be required for construction activities in conjunction with a Type C use. 3. Type C permits include but are not limited to: a. Accessory business activity such as: parking, displays and signage; b. Air rights; c. Bus shelters/stops; d. Construction site/haul roads; e. Fences; f. Recycle receptacles, dumpsters, and facilities; g. Special and unique structures such as: fountains, clocks, flagpoles, benches, kiosks, banners, street furniture, decorations, etc. h. Underground rights; i. Utility facilities; j. Waste facilities. 4. Utility facilities placed in the right-of-way under the authority of a franchised utility as defined in this chapter are exempt from the requirement to obtain a Type C permit. 5. Type A uses that exceed four weeks duration will be treated as Type C uses. 6. Upon termination of a Type C permit, for which the permittee does not obtain a new permit, any improvements constructed in the right-of-way must be removed by the permittee and the area restored to its original condition or better. 7. Type C permits may be issued for right-of-way use for an extended term not to exceed ten (l 0) years for activities which will not further physically disturb the right of-way once in place such as the installation and maintenance of structures, facilities, and uses that involve capital expenditures and long-term commitment of use. Type C permits ma,/be issued for an extended term under the following conditions: a. At the end of the permit period, the permit may be renewed upon request by the permittee and acceptance by the City for additional terms not to exceed ten (10) years. If the use of the right-of-way under the iurisdiction of a Type C permit is changed so 2 ~c.~ ROW Type C Long-Term Permit as to affect the installation permitted, the Director of Public Works and Utilities shall require the permittee to remove the installation or modify the installation to accommodate the new use of the right-of-way. The Director of Public Works and Utilities shall set the time for removal or modification. The time for removal or modification shall be at least 90 days after the date the request for removal or modification is submitted, unless the Director finds that a lesser amount of time is in the best interest of the public. All expenses for removal and/or modification of the permitted installation shall be borne by the permittee. b. A T~fpe C permit will not be issued for the extended term unless the City determines that there is no reasonable likelihood that the City will need to utilize the area for which the permit is granted within the permit term, and that the proposed use is consistent with the City's Comprehensive Plan, and that the use is not detrimental to the public health, safety or welfare, and that the proposed use is not aesthetically incompatible with the City's streetscape standards. c. In the case of a proposed use that is necessary to protect a governmental installation from possible terrorist attack, the City may waive any of the requirements of this section. d. The City shall impose such fees as are appropriate to cover the City's cost associated with processing the application and that takes into account the value of the land used, the length of use, and lost revenue to the City, if applicable. D. Type D - Franchised Utility Routine Maintenance Permit. 1. Type D permits may be issued for franchised utilities as defined in this chapter to perform routine maintenance on existing overhead lines and for entry into existing underground facilities. The permit will be valid for this work within the city boundaries. Type D permits may be issued for up to one year. 2. Type D permits will not involve physical disturbance of the right- of-way. 3. Type D permits may be revoked if the permittee does not adequately and consistently comply with the permit conditions or requirements of this chapter. In the event that the Type D permit is revoked, the permittee must obtain a Type A permit for each work site. F. Assignment of permit. Permits cannot be assigned or transferred, subleased or used for any purpose not specified in the permit without prior written permission of the City. Any attempt to assign or transfer an interest in a permit without such prior written permission shall be cause for immediate termination. 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. SECTION 3. 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. 3 ROW Type C Long-Ter~n Permit 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'xPublic Works & Utilities~.OW Type C Long Term Permit.doc Type C Long- Term Permit AOENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Ordinance relating to restructuring FOR AGENDA OF: May 28, 2003 the Departments of Finance and Administrative ORIGINATING DEPT: Finance Dept. Services into a new Department of Administmtion ORIGINATOR: Michael R. Wilson and Finance; creating a newjob description for the DATE SUBMITTED: May 14, 2003 Director of Capital Projects position; and modifying other job descriptions within the new Department 2. CLEARANCES: (comment on back if necessary) 3. EXHIBITS: Director, Finance ~'[~--~i [.~_)l'a~-~---~- Ordinance creating the new Department Human Resources -~.._. of Administration and Finance Budget Finance Committee / ~ .~-r~q~ C. Orgmfizationfl charm, and five new job Operations Committee ~~__ descriptions for the Department ENDORSE ON__ APPROVED BY COUNCIL PRESIp NT FOR SUBMITTAL: MAYOR L--'-"-~'~. _ '~ COUNCIL PRESIDENT ~cJ~L~:*'--~- SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: Combine the departments of Administrative Services, Finance and Human Resources into the new Department of Administration and Finance. This new department would be comprised of the divisions of Finance, Human Resources, City Clerk, BKAT and Information Technology. The restructuring of these divisions would provide for a logical and practical imegration and alliance of programs under one central administrative structure with primary focus on improving the management of the City's finances, human resources, communications and related processes. In order to accommodate the restructuring of the Department, the job descriptions of the following positions and related salary ranges need to be modified and approved: Director o f Capital Projects, Finance Officer, Director of Administration and Finance, City Clerk, and Civil Service/HR Specialist. 8. RECOMMENDED ACTION: A. I move to approve the attached ordinance on first reading, creating the new Department of Administration and Finance. B. I move to pass Ordinance No. __ on second reading, creating the new Department of Administration and Finance, and move to approve the job descriptions and salary bands for the Director of Capital Projects, Director of Administration and Finance, Finance Officer, City Clerk, and Civil Service Officer/HR Specialist. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED __ TABLED __ APPROVED __ DISAPPROVED AMENDED COUNCIL DIRECTIVE: DATE: 11. AGENDA BILL NO: 2. CLEARANCE COMMENTS (cont.): 4. SUMMARY STATEMENT (cont.): 5. IMPACT ON NON-PASSAGE: The impact on "non-passage" of this Ordinance would perpetuate the dysfunction of the current operation which has the administration of the Finance functions segregated from the management of Administrative Services and Human Resources. Administrative Services, Finance and Human Resources all have a natural link with the administration of personnel, payroll and benefits administration, labor agreements, finance and budget development. The restructuring of the departments would provide for a logical and practical integration and alliance of critical programs under one central administrative structure. It would also provide improved accountability and administrative support to the Mayor for these various City programs. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES The financial impact of this reorganization would result in an annual salary savings to the General Fund of $10,560 based on the highest step of the salary bands of the five positions proposed to be changed. ·City Treasurer (change to Finance Officer) - decrease salary band by two levels Deputy City Clerk (change to City Clerk) - no change to salary band · Director of Adminlstrative Services (change to Director of Administration and Finance) - increase salary band by one level · Create new position of Director of Capital Projects (position would expire on December 31, 2003) - establish salary band at the same level as the position of Director of Administrative Services · Civil Service Officer/HR Specialist (change to Civil Service Officer/HR Assistant) - decrease salary band by three levels The new position of Director of Capital Projects salary and benefits would primarily be charged to the capital projects that this position manages (e.g., Public Safety projects, Government Center) with only a minimal expenditure coming from the General Fund (less than 10%). 7. RESEARCH SOURCES Department of Finance 239 Fourth Street, Bremerton, WA 98337 Telephone: 360-478-5590 Fax: 360-478-5200 mwilson@ci, brernerton, wa.us Michael R. Wilson, Director of Finance TO: Bremerton City Council FROM: Michael R. Wilson ~ [5~ SUBJECT: Department Organization Structure DATE: March 12, 2003 At the March 5 City Council meeting, we discussed our request to implement changes in the organizational structure of the Departments of Administrative Services, Finance and Human Resources. In an effort to respond to the City Council's questions, I am providing you with the following information: 1) Proposal: Combine the departments of Adminisn'ative Services, Finance and Human Resources into the new Department of Administration and Finance. This new depar truant would be comprised of the divisions of Finance, Human Resources, City Clerk, BKAT and Information Technology. The restructuring ofthase departments would provide for a logical and practical integration and alliance of programs under one central administrative structure with primary focus on improving the City's financial, human resources, communications and process management. 2) Organizational Charts/Ordinance: The two attached organization charts represent a graphic depiction of how the organization is currently structured versus the proposed structuring of the new Department of Administration and Finance. The attached Ordinance provides for a re-designation of certain departments as divisions within the new department. 3) Job Descriptions: There are five positions within this organizational structure that would need changes to their respective job descriptions (see attached) and salary ranges: · City Treasurer (change to Finance Officer) - decrease salary band by two levels · Deputy City Clerk (change to City Clerk) - no change to salary band · Director of Administrative Services (change to Director of Administration and Finance) - increase salary band by one level · Create new position of Director of Capital Projects (position would expire on December 31, 2003) - establish salary band at the same level as the position of Director of Administrative Services · Civil Service Officer/HR Specialist (change to Civil Service Officer/HR Assistant) - decrease salary band by three levels 4) Financial Impact: The financial impact of this reorganization would result in an annual salary savings to the General Fund of $10,560 (based on the highest step of the salary band). The new position of Director of Capital Projects salary and benefits would primarily be charged to the capital projects that this position manages (e.g., Public Safety projects, Government Center) with only a minimal expenditure coming from the General Fund (less than 10%). The estimated distribution of cost is as follows: Public Safety Fund - $74,750; Govt. Center Fund - $28,750; and General Fund - $11,500. < ~.Z I--O - 00 ORDINANCE NO. AN ORDINANCE of the City Cotmcil of the City of Bremerton, Washington, amending Chapter 2.05 of the Bremerton Municipal Code relating to departments and directors; repealing Chapter 2.08 relating to the Administrative Services Department; repealing Chapter 2.22 relating to the Human Resources Department; repealing Chapter 2.09 relating to the Finance Department, and enacting a new Chapter 2.09 entitled "Department of Administration and Finance" restructuring certain departments and establishing divisions reporting to the Director of Administration and Finance. WHEREAS, Title II of the Bremerton Municipal Code sets forth the structure of the departments of City government; and WHEREAS, the City Council desires to restructure certain departments by repealing Chapter 2.08 entitled "Administrative Services Deparlment," Chapter 2.22 entitled "Human Resources Department," Chapter 2.09 entitled "Finance Department" and enacting a new Chapter 2.09 establishing the Department of Administration and Finance and re-designating certain departments as divisions within the Department of Administration and Finance; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION1. Chapter 2.08 of the Bremerton Municipal Code entitled "Administrative Services Department" is hereby repealed in its entirety. SECTION2. Chapter 2.22 of the Bremerton Municipal Code entitled "Human Resources Department" is hereby repealed in its entirety. SECTION& Chapter 2.05 of the Bremerton Municipal Code entitled "Departments and Directors" is hereby amended to read as follows: Chapter 2.05 DEPARTMENTS AND DIRECTORS 2.05.010 DEPARTMENTS. Departments of the City of Bremerton are created pursuant to the chapters and their provisions as follows: Ch. 2.06 Office of the City Attorney Ch. 2.07 Economic Development Department Ch. 2.09 ~Department of Administration and Finance Ch. 2.10 Department of Public Works and Utilities 1 Ch. 2.15 Department of Cornnaunity Development Ch. 2.16 Fire Department Ch. 2.17 Parks and Recreation Department Ch. 2.34 Police Department 2.05.020 APPOINTMENT AND CONFIRMATION OF DEPARTMENT DIRECTORS. (a) Mayoral appointments of department directors shall be subject to confirmation by the City Council. Prior to an appointment or a provisional appointment to a newly created department director's position or prior to confirmation of an appointment or provisional appointment to a vacancy of department director's position, a job description for the position as well as the anticipated employment or professional services contract, if any, shall be submitted to the City Council for review and approval as requested. The appointment and confirmation shall be pursuant to the terms and conditions as approved by the City Council. The Mayor may make provisional appointments to fill the vacancy of a department director. No provisional appointment(s) to a non-civil service department director's position shall extend beyond one hundred twenty (120) days from the date of original appointment without the consent of the City Council. Provisional appointments to a civil service department director's position shall be made pursuant to civil service rules. (b) The appointees, when confirmed, shall serve as "at will" employees subject to termination by the Mayor without cause at any time with no notice or hearing unless otherwise provided pursuant to applicable civil service rule or regulation, the City Charter, ordinance, or terms and conditions as approved by the City Council. (c) Pursuant to the City Charter, the City Attorney may be removed by the Mayor with the concurrence ora majority of the City Council sitting as a whole, or by the City Council alone, provided that removal by the City Council alone shall require a 2/3rd vote of the entire City Council. SECTION4. Chapter 2.09, of the Bremerton Municipal Code entitled "Finance Department" to hereby repealed and a new Chapter 2.09 is hereby enacted to read as follows: Chapter 2.09 DEPARTMENT OF AD1MINISTRATION AND FINANCE 2.09.010 DEPARTMENT CREATED. There is hereby created the Department of Administration and Finance. The Department of Administration and Finance shall consist of the following divisions, as well as any other divisions established by City Council. 1. Finance; 2. Human Resources; 3. Information Technology; 4. Office of the City Clerk; and 2 5. Bremerton Kitsap Access Television (BKAT). 2.09.020 DIRECTOR OF ADMINISTRATION AND FINANCE AND DIVISION MANAGERS - POSITIONS CREATED AND APPOINTMENT. (a) Department Director - Appointment. There is hereby created the position of Director of Administration and Finance who shall be in charge of the Department of Administration and Finance and all divisions established thereunder. The Director of Administration and Finance shall have complete charge of all of the work of the department and shall be responsible for hiring and supervising employees of the department. The Director of Administration and Finance shall be appointed by the Mayor, subject to confirmation by the City Council, on the basis of professional experience, education and demonstrated knowledge of accepted practices relating to the duties of the department. All appointees to the position of Director of Administration and Finance are terminable at will by the Mayor as set forth in Chapter 2.05 BMC. (b) Division Managers - Appointment. There is hereby created the positions of Finance Officer, Human Resources Manager, Information Technology Manager, City Clerk, and Public Access Manager as managers for their respective divisions. The managers (hereinafter "managers" or "division managers") shall manage the operations of their respective divisions and shall report directly to the Director of Adminis~ation and Finance. The division managers shall be appointed by and shall serve at the pleasure of the Director of Administration and Finance, subject to the approval of the Mayor, on the basis of professional experience, education and demonstrated knowledge of accepted practices relating to the duties of the division. All appointees to the division managers positions, when confirmed, shall serve as "at will" employees subject to termination by the Director of Administration and Finance without cause at any time with no notice or hearing unless otherwise provided pursuant to applicable civil service role or regulation, the City Charter, ordinance, or terms and conditions as approved by the City Council. 2.09.030 FINANCE DIVISION CREATED - DUTIES. There is hereby created the Finance Division for the purpose of performing all finance and accounting functions of the City of Bremerton. The division shall be managed by the Finance Officer who shall serve as the City Treasurer. It shall be the duty of the Finance Officer to: (a) Be responsible for the management of the city's investment and debt portfolios. (b) Assist city administration in budget preparation and monitoring. (c) Maintain the accounting system in accordance with generally accepted accounting principles (GAAP). (d) Maintain the payroll system. (e) Exercise control of accounts payable and purchasing. 3 (f) Maintain an inventory of capital assets. (g) Collect and account for all city funds. The Finance Officer shall perform such other duties as the Mayor and Director of Administration and Finance may direct or as may be required by law. 2.09.040 HUMAN RESOURCES DIVISION CREATED - DUTIES. There is hereby created the Human Resources Division for the purpose of performing all employment functions of the City. The division shall be managed by the Human Resources Manager. It shall be the duty nfthe Human Resources Manager to: (a) Advise City administrators on professional personnel management practices including performance evaluations and employee relations. (b) Support City labor negotiator and negotiations advisory team. (c) Conduct employee training and counseling. (d) Administer employee benefit programs. (e) Maintain personnel records. (f) Perform annual and special salary surveys. (g) Serve as liaison between the administration and Civil Service Commission. (h) Coordinate temperary placements in support of the City Workers Compensation Program. The Human Resources Manager shall perform such other duties as the Mayor or the Director of Administration and Finance may direct or as may be required by law. Any reference throughout this code to the Department of Personnel or Director of Personnel shall be interpreted to mean Human Resources Division and Human Resources Manager. 2.09.050 INFORMATION TECHNOLOGY DMSION CREATED - DUTIES. There is hereby created the Information Technology Division for the purpose of performing all information technology operations of the City. The division shall be managed by the Information Technology Manager. It shall be the duty of the Information Technology Manager to: (a) Direct the activities of the Information Technology division with the responsibility to provide technological leadership in systems planning, implementation and support programs. 4 (b) Direct the development and maintenance of long-range information processing plans and budgets. (c) Act as a contact person with user departments responding to and analyzing their inquiries. The Information Technology Manager shall perform such other duties as the Mayor or the Director of Administration and Finance may direct or as may be required by law. 2.09.060 OFFICE OF TIlE CITY CLERK CREATED - DUTIES. There is hereby created the Office of the City Clerk for the purpose of performing all records management functions of the City. The division shall be managed by the City Clerk. It shall be the duty of the City Clerk to act as the official records keeper of the City and in such capacity shall perform those duties as required by the laws of the State, City Charter or City Code. The City Clerk shall perform such other duties as the Mayor or the Director of Administration and Finance may direct or as may be required by law. 2.09.070 BREMERTON KITSAP ACCESS TELEVISION (BKAT) DIVISION CREATED - DUTIES. There is hereby created the Bremerton Kitsap Access Television (BKAT) Division for the purpose of performing all public access television functions of the City. The division shall be managed by the Public Access Manager. It shall be the duty of the Public Access Manager to manage the production, programming and operation of the local access television station. The Public Access Manager shall perform such other duties as the Mayor or the Director of Administration and Finance may direct or as may be required by law. SECTIONS. Severabili~. 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. SECTION 6. 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 5 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:hLEGAL~Ordinances~AdministrationL4.dministration and Finance.doc 6 CITY OF BREMERTON JOB DESCRIPTION POSITION TITLE: ~ Finance Officer DEPARTMENT: Administration and Finance DIVISION: Finance SALARY: Range-l-g 16:,~,. ,.,¢~ n,~ *,,~,,,¢'7 ,~-~ $5~412- 6,593 DATE: March, 2003 GENERAL FUNCTION Under general direction of the .... ~ ..... D~rector of ........................ Administration and FinancE, performs aa e~Scf financial eff2c:r complex professional, administrative and technical accounting and finance duties or functions in maintaining the fiscal records and systems of the City and serves as City Treasurer of the City. Plan, organize, control and direct the financial operations of the City including budget, accounting, financial reporting, debt issue and management, cash and investment management, capital improvement program, utility rate- making, financial analysis and modeling of current and potential City activities and projects. REPRESENTATIVE ESSENTIAL DUTIES AND RESPONSIBILITIES * Provides v .... j financial support, advice and guidance to the ....j v., ~..~ ........... all departments of the City. · ~-r ............... r.vr ..................... ~ ........ ~ ........... ~.... Assists in the preparation and monitoring of the annual City budget~ development of the capital improvement program, and assessment of the annual revenue estimates for use in the annual budget. a .... :~ ~-~" Oversees and coordinates the City's financial reporting efforts, including coordinating the preparation and production of the City's CAFR (Comprehensive Annual Financial Report), State BARS (Budgeting, Accounting and Reporting System) reports, and other financial surveys and reports. · Manages the investment and cash position of all City funds to ensure that investment returns are maximized to the extent consistent w~th .... v .......... ~r.~.~.._~ the City's investment policies. · Assists in planning and directin~l the analysis necessary for rate the setting and implementation of rates ia four the City's utilities ~ through the public and political process. o t4ir-er, Supervises, evaluates and directs the work of~ Finance division employees. · Directs the City's accounting and reporting operations, including maintalnin~ its accounting systems, establishing and maintaining internal financial controls, preparing all required financial reports, conducts internal audits, all in accordance with sound business practices, applicable City ordinances/resolutions, State laws, and GAAP (Generally Accepted Accounting Principles). · Directs the development and maintenance of the City's cash receipting and disbursement systems, including accounts receivables, centralized cashiering, accounts payable, payroll, non-expense disbursements (treasurer's checks system), travel advance, debt service, LID accounting, and other finance and accounting related systems. · Demonstrate the effects of alternative decision options using financial modeling, studies and analysis. · Prepares various State, Federal and other agency reports and ensures that payments made are in compliance to State and Federal ~a~tes and regulations. · Works with the State Examiner during the annual audit of the City to ensure the City's compliance efforts. · Ensures that the City's accounting structure complies with State BARS. · Trains, develops, directs and evaluates Finance Department staff to: 1) help expedite work flow and to improve efficiency and effectiveness of department operations; 2) achieve their individual goals; 3) foster teamwork; 4) collectively achieve the depart ment's mission; and 5) lead to employees' growth and accountability for their actions. KNOWI,EDGE~ SKII J.S AND AiiI!.ITIES (Entry Requirements) Knowledge of: · State BARS and~ state and federal laws regulating the financial activities of Washington municipalities knowledge of generally accepted accoun~'ing and auditing principles, theory and practices, as well as financial analysis and research techniques. · The bond market and forces affecting the price of fixed income securities · Mastery of municipal accounting and budgetary principles, practices, operations and procedures. · General business and financial practices needed to operate effectively in the City's general business enviromnent. Ability to: Analyze pi ' · ex ....................... ~.,v ~- -"~ '~ ~'r'~- .................. and interrelated f'mancial functions and planning programs to promote accuracy and compliance with laws and flnaneial management standards, and to produce information which will assist the City iI1 achieving its objectives and overall mission. · Purchase and sell fixed income securities to maximize the City's financial return within an acceptable level of risk and liquidity · Communicate effectively both verbally and in writing, and maintain quality working, relationships with other City employees and the public daring the course of work. Tact. patience and courtesy are needed, as well as the ability to effectively commun~cai~ technical concepts to lay people. · Manage multiple complex pr~iee~ financial assignments and to allocate resources effectively · Be proficient with PC and financial systems application software · Assist in the preparation of budgets, analyses, reports and recommendations. · Establish and execute complex oral and written instructions and to apply available guidelines to various situations. · Ouicklv ~,rasD technical financial principles and procedures, and to carry on more than on function at a time in an environment subject to many distractions. · Plan and organize and to meet rigid schedules and demanding time-lines. QUALIFYING EDUCATION AND EXPERIENCE (Minimum Requirements) Four year degree in business, accounting, finance or closely related field and six years increasingly responsible work experience with five years in a supervisory or administrative capacity. Public accounting experience and MBA, MPA or CPA highly desirable. PHYSICAL REQUIREMENTS Work requires frequent sitting and standing, the ability to operate office machines including telephone, fax, computer terminal and copy machine, and occasional lffiing over ~0 30 pounds. Occasional presentations require public speaking ability and the use of audio visual equipment. Frequent automobile and occasional air travel are required. WORKING CONDITIONS Work is primarily performed in an office environment. Occasional public presentations of complex and sometimes controversial information are required. Frequent evening and occasional weekend meetings are required. Frequent local travel and occasional in state and out of state travel required. LEGAL AND REGULATORY EMPLOYMENT CONDITIONS · Fair Labor Standards Act: The classification is exempt under the laws of faix Labor Standards Act minimum wage and overtime provisions. · Representation: Non-represented · Civil Service: The classification is excluded in the City's Civil Service System. · Appointment and Removal Authority: Appointed by Mayor and confirmed by council. Removal is at the will of the Administrative Services Director. This classification specification does not constitute an employment agreement between the City and employee. It is subject to change by the City, with approval by the Civil Service Commission, as the needs of the City and requirements change. CITY OF BREMERTON JOB DESCRIPTION TITLE: Dzputy City Clerk DEPARTMENT: A~m:miz=advz Scr'.qces Administration and Finance DIVISION: City Clerk's Office SALARY: Range 12:$4,422 ~ $5,412 (no change) DATE: ~ March 2003 GENERAL FUNCTION Under the general administrative direction of the Director of Administration and Finance, D~:'i:~.~n. the City Clerk is responsible for establishing, authenticating, and maintaining all official City records and directs the operations of all statutory and assigned functions of the Office of City Clerk working directly with the Mayor, City Council and City Departments. REPRESENTATIVE ESSENTIAL DUTIES · Develops, implements and monitors all public services provided by the Office of City Clerk · Develops procedures to ensure that a repository for City records is maintained in accordance with all legal requirements. · Attends City Council meetings, coordinates and schedules agenda bill ...... .... *:~,~ preparataon' and presentation to Council. · Develops . directs and monito rs ~ ..... .........o...hn~;" ,." contract compliance ......"""*'"~..... :.nd · Prepares divisional budget based on requirements and resources available for submission to Department Head. · Responsible for special projects as assigned such as serving on various boards, ..... ~"': .... ~ ~ancb2sc contract negotiation and drafting proposed legislation. · Responds to inquiries from the general public, officials, staffand outside agencies. · Develops, implements and monitors Citywide record management policies and programs. · Prepares, reviews, and maintains City codes, ordinances, resolutions, contracts, leases, and other legal documents. · Directs the public record processes and ensures that proper notice and publication requirements are met and coordinates public disclosure requests. · Manages certain Citgwide service contracts · Establishes City website development policies and coordinat~ content development of the site. · Serves as LEOFFI Pension Boards Secretary and manages policy development and pension benefits. · Assists the Director of Administration and Finance in providing research, coordination and administrative support with various proiect ta~lr~ and assignments. REQUIRED QUALIFICATIONS Knowledge of: · Municipal Code, resolutions, ordinances, and the Revised Code of Washington. · Applicable legal procedures of the City and other governmental agencies. · Principles and practices of records management and budgeting. · Basic principles of the conduct of public meetings of elected and appointed bodies. · Good knowledge oft he functioning of city government and the political process. Ability to: Ability to appropriately interpret and apply laws and regulatory provisions to a situation and determine a course of action. · Good skills in the use of computers and related equipment and software. · Ability to effectively communicate orally and in writ/.ng with the public, city officials an~ ~mdor-s public agencies and the business community. Ability to work independently in evaluatin¢, researeMno and coordln,~qng various assigned projects and tasks to a successful conclusion. · Ability to evaluate, plan, prioritize and implement program goals and objectives. · Ability to plan, schedule, and review the work of others .u. sing effective supervisory techniques. 2 QUALIFYING EXPERIENCE AND EDUCATION Any combination equivalent to: Bachelor's Degree in Public Administration. Business Administration, or related field and ~-3-)-five (5) years experience in local government administration. PHYSICAL REQUIREMENTS Work requires frequent sitting and standing, the ability to operate office machines including telephone, fax, computer terminal and copy machine, and occasional lifting over ~0 30 pounds. Occasional presentations require public speaking ability and the use of audio visual equipment. Frequent automobile and occasional air travel are required. WORKING CONDITIONS Work is primarily performed in an office environment. Occasional public presentations of complex and sometimes controversial information are required. Frequent evening and occasional weekend meetings are required. Frequent local travel and occasional in state and out of state travel required. LEGAL AND REGULATORY EMPLOYMENT CONDITIONS Fair Labor Standards Act: The classification is exempt under the laws of fair Labor Standards Act minimum wage and overtime provisions. · Representation: Non-represented · Civil Service: The classification is excluded in the City's Civil Service System. · Appointment and Removal Authority: Appointed by Mayor and confirmed by council. Removal is at the will of the Administrative Services Director. This classification specification does not constitute an employment agreement between the CiW and employee. It is subject to change by the City, with approval by the Civil Service Commission, as the needs of the City and requirements change. CITY OF BREMERTON JOB DESCRIPTION POSITION TITLE: Ad...m]a:.:,~tive $c:'Aec: Director of Administration and Finance DEPARTMENT: A~m:m:.g~'at~;'e $e:-.".'ee: Administration and Finance SALARY: Range 49__20: ~...,~¢~ ~, v $7,5~,~ $6,593 - $8,034 DATE: March, 2003 GENERAL FUNCTION Plans, directs and supervises the activities of the following .... Administra- tion and Finance Divisions: Treasurer, Finance, Human Resources, City Clerk, Information Services,~urc~.ag~ng and PJsk Management. Mm:age M~'[c~pa! Ccu~ a~-.m~n'[strat,~ve, as .... ~ .... ; ...... ~, ................... ~ .............. cf Bremerton Kits ccess Television (BY, AT), and C-rants P~curemer~. This position plans, organizes, directs, and evaluates the City's overall administrative support services, financial operations and fiscal planning functions. REPRESENTATIVE ESSENTIAL DUTIES AND RESPONSIBILITIES · Provide guidance, an~ direction ~ ~:~: .... and management support to ................ $c~,icc: th_~e Administration and Finance Divisions ~Y~S.T r,_ ............... , ._.~ .... *Acm Ensure accountability for completion of departmental goals, objectives and work functions. · Develop goals and objectives, assist staff in achieving programs and obiectives, and monitor outcomes. Provide advice and information to other departments, Mayor and City Council in ^ a_;_:~._.:..~ e~_,:~ · - - support of ....................... the Department of Adm~mstrat~on and Finance requirements and c oals and o actives ......... ~ ~ Develop new systems and procedures to improve efficiency. · Manage budgets, hiring, termination, performance evaluations and employee counseling. Justify funding and program requirements to Mayor and City Council. . Design, negotiate and administer contracts, franchises andagreements ............ .... ~, ~ e~:,~ · Review and prepare proposed legislation, testify before legislative committees and meet with legislators. Coordinate internally with Mayor, City Council and staff and externally with other governments, local Chamber of Commerce, business, AWC and city consultant. · Participate in a variety of special projects as directed by the Mayor such as economic development strategies, new facilities, purchase and sale of land. · Compile and coordinate research for surveys and prepare reports. Advise, develop and implement policy, procedure, ordinances and resolutions. Review and sign offon agenda items for City Council. Seek funding opportunities through grants and legislation. Respond to inquiries and complaints fi.om officials, staff, outside agencies and the public. ,, Participate on statutory committees .... ~- ~' P~l:gz a.n:! F!r~ P~nzi~- r~n.~ ~t:.~ m~ ........ ~' .............. , ....... ~ ............r .........................~.~ m and with other civic, community and professional organizations. Represent city at public functions and meetings, and maintain awareness of changes and oppommities for local government through professional organizations. · Coordinate the state and federal legislative action program for the city. Negotiate large contract and franchise agreements. · Provides financial operations, planning and consulting services to the Mayor, City Council and City departments on specific municipal finance issues, budget preparation, and consequences of fiscal alternatives and options. · Prepares City-wide written finance-related policies and procedures (sometimes throu?h ordinances and resolutions) that help safeguard the City's assets and ensure compliance with Sta~ · Assists the Mayor in overseeing and coordinating the City's cyclical ma'orl financial .planning functions, including its annual and multiple-year budget and City-wide capital Improvement program (CIP), and coordinating the production of related official City publications. · Monitors financial trends and budgeted revenues and expenditures of the City to assure that fiscal responsibility and control is maintained and to assure the fiscal well being of the City. · Plans, coordinates and manages the City's interim and long-term debt finance i~mas in accordance with the City's debt management policies, including retention of qualified bond counsel and underwriter(s). · Reports the results of City financial operations to both City management and the City Council through monthly and quarterly reporting. Provides financial analyses, reports and information to the Mayor, City departments and City Council to optimize effective and responsible decision-making · Interfaces with the State Examiner during the annual audit of the Cit~, coordinating the City's compliance efforts, and responding both orally and in writing to recommendations concerns an~ · Develoos the annual revenue estimates for use in developing the annual or bienoi,I budgets. Prepares, monitors and is responsible for the budgets of the Finance Del~artment, Miscellaneous Non-Departmental, all debt service funds, City capital improvement programs, and other Mavor-assiuned operating funds and departments. · Directs and oversees the preparation of various State, federal and other agency reports and ensures that pawnents made are in compliance to State and federal statutes and regulations. · Provide professional City-related financial advice to the Mayor, City Council and Department Directors, makln~ verbal and written presentations as may be needed or requested; provides financial analyses and interpretations of consultant, legislative, and other related mandates and proposals impacting the City's financial position. 2 KNOWLEDGE~ SKILLS AND ABILITIES: Knowledge of: · City ordinances, policy, charter and state law relating to ci.~' municipal government ..... v ...... r .....~ ...................... ~ ...... ~....g Generally accepted accounting and auditing principles, theory and practices, as well as financial analysis and research techniques · City computer software application systems and information systems technology and applications · Modem principles and practices of management and supervision, and public sector personnel laws, regulations and policies · Advanced level of contract development and negotiations · Proficiency with PC and various application software · Mastery of budgetary principles, practices, operations and procedures · State BARS and general State law as it relates to municipal finance in Washin.m. on State · General business and financial management practices needed to operate effectively in the City's general business environment Ability to: ...................... ~ .......... ~ .............. g Communicate effectively and maintain quality-working relationships with other City employees and the public durin~ the course of work. Tact, patience and courtesy are needed, as well as the ability to effectively cormmunicate technical concepts to lay people · Allocate resources effectively ...... ~, ....... ~ ........ ,..~.. ~r~jeet: Effectively plan, develop and maintain complex detailed administrative projects and pwgram~ · Create a work environment that fosters teamwork and collaboration · Conduct effective public presentations geared to a wide variety of audiences · Negotiate complex agreements ~ that adhere to the goals, strategic plans and policies of the city · Interpret and understand complex information and legal documents and conceptualize, organize, and direct complex and interrelated financial functions and l~lanning Droffi'ama to promote, accuracy and compliance with laws and financial management standards, and to produce information which will assist the Mayor achieve the City's obiectives and overall mission · Skill in preparing and directing the preparation of policies, procedures, ordinances, resolutions, comprehensive budgets, analyses, reports and recommendations · Understand the City's political environment and have sensitivity to that environment, and have the ability to function effectively within that environment · Identify the department's future direction in response to changing City needs, and to develop, implement, and monitor appropriate plans,. .......... ,. .............. ~-^.~ ~ km-gqem~ goals and objectives, schedules and action steps · Plan and organize and to meet rigid schedules and demanding time-lines 3 · Establish and execute complex oral and written instructions and to apply available guidelines to various situations · Provide leadership, counsel, motivation, and constructive performance reviews h, department personnel at all levels, securing their respective commitments to the goals of the department and the CiW. · Quickly ~rasp technical financial principles and procedures, and to carry on more than on function at a time in an environment subject to many dissections QUALIFYING EDUCATION AND EXPERIENCE (Minimum Requireme_nts) Four year degree in business or public administration or closely related field and seven years increasingly responsible work experience in a supervisory or administrative capacity. MBA or MPA highly desirable. PHYSICAL REQUIREMENTS Work requires frequent sitting and standing, the ability to operate office machines including telephone, fax, computer terminal and copy machine, and occasional lifting over 30 pounds. Regular presentations require public speaking ability and the use of audio visual equipment. Must be able to understand and give complex written and oral instruction. Frequent automobile and occasional air travel are required. WORKING CONDITIONS Work is primarily performed in an office environment. Frequent evening and occasional weekend meetings are required. Frequent local travel and occasional in state and out of state travel required. LEGAL AND REGULATORY EMPLOYMENT CONDITIONS · Fair Labor Standards Att: The classification is exempt under the laws of fair Labor Standards Act minimum wage and overtime provisions. · Representation: Non-represented · Civil Service: The classification is excluded in the City's Civil Service System. · Appointment and Removal Authority: Appointed by Mayor and confirmed by the City Council. Removed by Mayor. This classification specification does not constitute an employment agreement between the City and employee. It is subject to change by the City, with approval by the Civil Service Commission, as the needs of the City and requirements change. 4 CITY OF BREMERTON JOB DESCRIPTION POSITION TITLE: Director of Capital Projects (This position shall be in effect until December 31, 2003) DEPARTMENT: Economic Development SALARY: Range 19:$6,276 - $7,646 DATE: March, 2003 GENERAL FUNCTION Works independently in planning, directing and managing the activities of the City's general government capital projects program with focus on the Public Safety and Government Center capital improvement projects. REPRESENTATIVE ESSENTIAL DUTIES AND RESPONSIBILITIES Police Capital Project Administer the construction of the new Police facility P Negotiate and finalize purchase of US Bank Building ~ Prepare and issue RFQ for Architectural Services P Select architects, negotiate design contracts ~ Coordinate and participate in design meetings with police, court, architects ~ Issue bid for construction ~ Select construction company, negotiate and finalize contracts ~' Select and order furniture and fixtures Administer the development of the SOG facility P Select designer for SOG building remodel P Issue bid for construction P Select contractor, negotiate and finalize contracts )~ Select and order furniture, fixtures · Obtain bid specs for police vehicles (state bid) · Meet with local car dealers regarding ability to bid · Order vehicles through state contract or proceed with bid process Fire Capital Project · Negotiate and finalize purchase of land for new fire station · Negotiate contracts for demolition of existing buildings · Prepare and issue RFQ for Arctritectural Services · Select architects, negotiate design contracts · Coordinate and participate in design meetings with fire, architects · Issue bid for construction · Select construction company, negotiate and finalize contracts · Select and order furniture and fixtures