HomeMy WebLinkAbout04/08/98 AGENDABREMERTON CITY COUNCIL
239 4TH STREET
BREMERTON, WA 98337
CiTY COUNCIL AGENDA
APRIL 8, 1998
CITY COUNCIL STUDY SESSION: 5:00 - 5:30 P.M.
A. General Council Business
5.
6.
7.
CALL TO ORDER: 5:30 P.M.
A. Pledge Of Allegiance
B. Invocation
CONSENT AGENDA
Items listed below have been distributed to Council members in advance for study
and will be enacted by one motion. If separate discussion is desired on an item, it
may be removed from the Consent Agenda and placed on the Regular Agenda at
the request of a Council member.
A. Minutes - March 25, 1998 #AB98-070
B. Professional Services Agreement-Bremerton Main #AB98-052
Street Association
CLAIMS/CHECK REGISTERS
COUNCIL MEMBER REPORTS
MAYOR'S REPORT
PUBLIC RECOGNITION - (Comments Limited to 3 Minutes)
il
NEW BUSINESS
A. Revisions To 1998 Community Development Block
Grants
Application to Participate In The Grant Process From The
Washington State Department Of Health, Office Of
Emergency Medical & Trauma Prevention
(CONTINUED NEXT PAGE)
#AB98-O71 /~
#AB98-072 '¢'74
C. Budget Adjustment For Staffing In The Fire Department
D. Radio Broadcast Tower Lease With Triangle
Broadcasting Company
#AB98-073 ~ /
#AB98-074 ~
AGENDA BILL
BREMERTON CITY COUNCIL
1. SUBJECT':- MINUTES - MARCH 25, 1998
FOR AGENDA OF:
ORIGINATING DEPT:
ORIGINATOR:
DATE SUBMITTED:
4-8-98
City Council
David Farr~ President
4'-1-98
2. ~: (comment on back
if necessary)
ENDORSEMENT INFORMAT I O N
MAY6R
APPROVED B~ COUNCIL
COUNCIL PRESIDENT
R SUBMITTAL:
4. SUMMARY STATEMENT AND REOUIREMENT FOR COUNCIL AcTION:
8. R$COMI~ENDATION:
9. RESPONSIBLE OFFICIAL:
ENFORC~4FNT OFFICIAL:
.EXPIRATION DATE:
REVIEW DATE:
PUT,T,ED TABLED
COUNCIL DIRECTIVE:
10. NOTIC~ OF ACTION
APPROVED .DISAPPROVED
...DATE
AMENDED
11. AGENDA BITJ, NO:
TAPE #1534
UNAPPROVED DRAFT
CITY COUCIL MEETING MINUTES
MARCH 25, 1998
The regular meeting of the City Council of the City of Bremerton was called to
order in the City Council Chambers, 239 4th Street, Bremerton, Washington,
Wednesday, March 25, 1998, at 5:30 P.M., with Council President David Farr
presiding. Council members present were Jim Reed, Carlos Montgomery, Carol
Arends, Mike Shepherd, Lon Overson, John Law, Cecil McConnell, and Wayne
Olsen. Also present were City Attorney Glenna Malanca and Deputy City Clerk
Paula Johnston.
The meeting opened with the Pledge of Allegiance led by Council President Farr
and invocation given by Pastor David Snapper of Anchor of Hope Christian
Reformed Church.
President Farr made the following announcement(s)
(1) Immediately prior to the Council meeting the Council held a Study Session to
discuss general Council business.
(2) The City Council will hold a Study Session immediately following the Council
meeting, in the Council chambers, to discuss Kitsap County's proposed
Comprehensive Plan
CONSENT AGENDA
A. Minutes of Meeting - March 11, 1998
#AB98-061
#0069 MISIClU(McConnelllMontgomery) Motion to approve the Consent Agenda
as presented.
CLAIMS/CHECK REGISTERS
Vouchers audited and certified by the auditing officer as required by RCW
42.24.080, and those expense reimbursement claims certified as required by
RCW 42.24.090, have been recorded on a listing that had been made available
to the Council
#0088 M/S/C/U (Montgomery/Arends) On March 25, 1998, the Council does
approve for payment those vouchers included and further described as follows:
218095 through 218105 in the amount of $239,078.05.
TAPE #1534
City Council Reg. Mtg. Minutes
March 25, 1998
Page 2 of 9
COUNCIL MEMBER REPORTS
Mr. MontRomery referenced a newspaper article in today's "SUN" entitled
"Business leaders criticize City leaders' downtown efforts". Unfortunately, the
reporter was not present during the entire meeting and only reported part of what
was discussed. Mr. Montgomery stated he did not know who the "downtown
leaders" were based on his attending those meetings for approximately two
years. The only person he viewed as a leader was the person responsible for
issuing Agendas for those meetings. He suggested the individuals that criticized
the City should look at themselves and analyze what they are trying to
accomplish.
Mrs. Arends announced, the passing of Chuck Higgins, who was a member of
the Lodging Tax Advisory Committee. Chuck was one of the prime movers on
that committee, his efforts were greatly appreciated, and he will be missed. She
extended condolences to the Higgins family. Funeral service will be held March
26, 1998, 2:00 P.M., at the Poulsbo Mortuary.
Mr. Shepherd, reminded everyone that the next District #5 Neighborhood
Meeting .would be held March 26, 1998, 6:30 PM. - 8:30 P.M., at Memorial
Lutheran Church. He noted Mr. Higgins did do a great service for Bremerton.
He also reminded the public the City of Bremerton and the Bremerton
Environmental Committee wills co-host the City of Bremerton Water Quality
Open House on March 28, 1998, 10:00 AM - 2:00 P.M., at the Public Works
Facility. Recently he learned that the Warren Avenue Burger King restaurant,
following efforts by Mr. Dickerson and several other Blockwatch groups from
Districts #4 and #5, will be activating a type of block watch program to improve
conditions in that area. Part of that action will be the removal of the outside
telephone booth and Burger King will become a more active player in spotting
and reporting loitering and other undesirable activities in their vicinity. He
commended Bremerton residents for being active and proactive within the
community.
Mr. Overson pointed out the Block watch group in the area described by Mr.
Shepherd, purchased a utility light pole and light as part of their Block Watch
program. Mr. Rich Yentz, who lives in that area, works with others such as Mr.
Dickerson to resolve concerns. He too felt the article referenced by Mr.
Montgomery could have been written better with a more positive slant toward the
City. He talked directly with the author of that article and he feels the results of
that discussion were not reflected as well. He announced Old Wooley's would be
opening soon in the old Woolworth building at Pacific and Burwell.
Mr. Law announced the next Distdct #3 Neighborhood Meeting is scheduled for
April 21. At the last City Council meeting, a citizen expressed concern over a
statement that was made by a City Council member. At the end of her
TAPE #1534
City Council Reg. Mtg. Minutes
March 25, 1998
Page 3 of 9
comments, the City Attorney informed her that the Council would not accept
public input of derogatory remarks. The City Attorney read a statement out of the
City Council's Policies and Procedures Manual: "Personal complaints, especially
those of a deroRatory nature a,qainst any official or employee of the City shall not
be discussed at a City Council meetin,q". That rule also stated that citizens
wishing to make such complaints should put their complaint in writing and submit
it to the Mayor's office and not give dse to public discussion thereon. After
receiving a number of calls on this issue, Mr. Law felt strongly that citizens have
the dght to come before the Council and voice any complaint or concern they
wish and the City Council has an opportunity to make replies the following week.
Council is not limited by the 3-minute rule and can say whatever is deemed
appropriate. In his opinion, it was not appropriate for the City Council to tell a
citizen that they can't complain. He also believes that verbiage in the Council
Policies and Procedures was meant more for City employees, who can't fight
back or reply. When members of the Council ran for office they accepted the
responsibility to act responsibly and to be open for criticism: We should not be in
this position if we build a little wall between ourselves and the public who get
concerned about Council's actions. He was quite surprised that the news media
had not jumped on this issue because he believes it is pretty close to the First
Amendment rights of people to express their concerns and thoughts. While
Council did go "by the book" he did not think the book was intended to be used in
that manner.
Mr. McConnell stated in reference to the rule that was quoted by the City
Attomey from the Council Policies and Procedures Manual, he did not believe
that the citizen made a derogative or slanderous remark. A citizen wanted to
know whether or not a Council member believed one thing or another. He found
it quite disturbing that a citizen coming before the City Council would be
threatened by having that rule read to them. He pointed out that rule had never
been read to a Council member and he doubted any of them had been perfect
during their comments concern the public. Council should be more concerned
about their own image than the image of the people speaking before the City
Council. He disagrees with the City attorney instructing Council not to answer
questions proposed by a citizen, yet the Council was allowed to answer almost
identical questions for the Council Salary Commission, which in his view
presented a conflict since they would be setting the Council's salary. Nothing has
been done to address the appearance of conflict that was present in that
situation. He hoped this Council and the City could get its act together. In his
opinion, the citizens in the City are the elected officials' bosses. Had this same
attitude been in affect before he was elected to the Council, the Council/City
probably would have sued him because as a neighborhood activist he got rather
raunchy at times. As a seated Council member, he believes it is his turn to listen
to the public. He hoped the City Council would have more patience with the
citizens of Bremerton.
TAPE #1534
City Council Reg. Mtg. Minutes
March 25, 1998
Page 4 of 9
Mr. Olsen reported on March 20, 1998, he and his wife received many calls
about a major concern that exists in District #1. He wanted those residents to
know that issue is being investigated by the City.
Mr. Farr stated at the previous Council meeting, during Public Recognition, the
City Attorney read Section 5 - Complaints, and he did not recall her indicating
anything about "slanderous". That rule specifically prohibits complaints,
especially those of a derogatory nature, which if made should be in writing and
processed through the outlined procedure. He disagreed with Councilmen Law
and McConnell in that the rule has been in affect prior to his being seated on the
Council and on at least one occasion he recited it during a Council meeting. That
rule is not meant to stifle anyone's freedom of speech or anything close to it, but
to maintain some semblance of order during a Council meeting. The Public
Recognition portion of the meeting is not meant to be a free-for-all or an
argument to continue. As far as the statement there was a rule that Council will
not respond to citizens' complaints at Council meetings, to his knowledge there is
not a rule. That issue was discussed at the Council's Retreat and a consensus
of the Council felt it was possibly a good idea because citizens' questions do
deserve a careful considered answer. He emphasized the Council Policies and
Procedures Manual can be revised any time a majority of the Council members
decides there is a need for revision. Rule 7 - Parliamentary Procedure states"
"The "Standard Code of Parliamentary Procedure", McGraw 1993, shall be used
as a guide to govern the conduct of business of the City Council while in
Legislative session. However, the Chairperson of the meeting shall have the
authority to make a final ruling on all issues of procedure." He noted
unfortunately that was one of the more unpleasant aspects of his responsibility
as Council President.
MAYOR'S REPORT
Mayor Lynn Horton announced the City is looking for High School students
(grades 10, 11, and 12)from Bremerton High School, Central Kitsap High
School, and Olympic High School, to apply for the Kure, Japan Sister City
Program. The Bremerton Central Lions Club and the City of Bremerton jointly
sponsor this program. ^pplication deadline is April 20, 1998. The City is also
seeking host families for Japanese students, who will arrive in Bremerton July 26
and depart on August 23, 1998. Anyone interested in being considered for a
host family should contact the Mayor's office.
Mayor Horton announced on March 27, 1998, Governor Locke will sign SB-
6325/Ferry Bill, which also includes the passenger-only boats.
Mayor Horton welcomed Boy Scout Troop 1542, who were in the audience as
part of their training.
TAPE #1534
City Council Reg. Mtg. Minutes
March 25, 1998
Page 5 of 9
Mayor Horton reported today she attended the Water Festival at Olympic
College. She read the following proclamation that followed along that effort:
MONTH OF APRIL as EARTH DAY IN THE CITY OF BREMERTON. Don
Larson, President, KJtsap Diving Association accepted the Proclamation. Mr.
Larson reported he was a classroom guide at the Water Festival and was very
impressed with the displays. He contacted Jim Trainer, City Urban Forester,
about the possibility of more trees being planted along street boulevards. Mr.
Trainer indicated it is possible for citizens to plant trees on City right-of-way;
however, they must contact his office to make sure that it would not interfere with
traffic, power lines, etc.
Mayor Horton also reminded the public that the Bremerton High School Drug and
Alcohol Awareness Committee is hosting a forum for parents concerning alcohol
use among students on March 26, 1998, 7:00 P.M., at Bremerton High School.
Lastly, Mayor Horton invited the public to view the "fish print" that she made at
the Water Festival, which she displayed in her office.
PUBLIC RECOGNITION
Elizabeth Buell, Bremerton resident, reported she recently learned that Brem-Air
Disposal Inc., would not take a cracked garbage can. She felt it was unfair that
they would not dispose of a damaged garbage can. President Fart stated her
concern would be reviewed and a response provided by the Administration.
Del Knauss, Bremerton resident, stated two weeks ago he submitted a
questionnaire to the City Council relating to the City Council's salary, and last
week he submitted questions for the City Attorney to answer. He handed out
seven more copies of the first questionnaire to Council members and requested
they be filled out and returned to him. He did receive responses previously from
two Council members. He felt there was a conflict when the City Council
responded to questions requested by the Council Salary Commission the
previous year. He believes his efforts in getting answers to his questionnaire
would actually speed the Council Salary Commission along and make their job
easier. In response to earlier comments about the City Attorney's use of the
Council's Policies and Procedures at the previous Council meeting, he
referenced Rule 3 - Public Recognition, which backed up the fact that Mrs.
Brown's comments were not out of line...the City Attorney was out of line. He
emphasized President Farr is not a dictator in this case and works for the
citizens, not the citize ns working for him.
Phil Olwell, Bremerton resident, stated there seems to be some dissention at the
City Council meetings over the past two weeks. He was not happy hearing
comments such as those expressed this evening, especially with the Boy Scout
TAPE #1534
City Council Reg. Mtg. Minutes
March 25, 1998
Page 6 of 9
Troop and a number of professionals in the audience. He suggested that some
of the Council Retreat sessions should come out in the public and review the
procedure s from the publics and Council's perspective. He suggested Council
members review this meeting and the actions by both the public and Council
members.
8B - BUDGET ADJUSTMENT FUND 102 {STREET FUND), #AB98-063
Allocate spending authorization to adjust the 1998 budget for the following
categories:
$38,000 to capital for LED displays Traffic Signals
~18,750 to supplies & services (asphalt)
$56,750 TOTAL
Gene Sample¥, Director of Public Works and Utilities, stated this budget
adjustment is the result of unanticipated cash balance at year-end 1997. The
requested funds are available in an existing fund. The proposal is to expend
approximately $38,000 to replace the red globes in traffic lights, which would
result in approximately $12,000 per year saving plus the added life of the globes.
Replacing the curmnt md globes m suited in the highest incident rate of response
of overtime calls. The pay out on that cost is approximately throe years. The
requested $18,750 would cover costs for asphalt, which will extend the City's
street maintenance program closer to the level that has been maintained in past
years.
Public comment - none.
Mr. McConnell questioned the life span of the LED light? Mr. Sample¥ stated
he was not sum of the exact numbers, however, he expects it would be double
the life of the current globes. Them will be additional savings due to the
extended life of the globes and the mduced call outs. Mr. McConnell questioned
the life span of the curr nt globe? Mr. Sampley stated the current pm ctice is to
replace them at least annually. Them is need to replace the red globes more
often because they are "on" longer than the other colored globes. The city is the
most vulnerable from a liability standpoint when the red globes are out.
Mr. Shepherd asked if the City would see a saving by using LED displays for the
green lights? Mr. Sample¥ stated yes, the City will convert to LED globes on the
other lights, as they need to be replaced. Mr. Sheoherd applauds energy
conservation efforts.
#'1281 M/S/C/U(Arends/Montgomery) Motion to approve budget adjustment.
At 6:25 P.M., the City Council left the Council Chambers to meet for a 10-minute
Executive Session to discuss an issue relating to "litigation".
TAPE #1534
City Council Reg. Mtg. Minutes
March 25, 1998
Page 7 of 9
The City Council returned to the Council Chambers at 6:35 P.M.
8C - SYLVAN WAY STREET IMPROVEMENTS CHANGE ORDERS #4 AND
f/~ (FINAL~ #AB98-064
Change Order ~ was the addition of a barrier curb and catch basin at 1220
Sylvan Way. Change Order ~5 is the final change order and adjusts the
quantities within the contract to reflect the actual work completed. Payment of
these Change Orders will allow final closeout of the project to be implemented.
Staff recommends approval of the Change Orders.
Lynn Price, Senior Engineer, stated the Sylvan Way improvements were
completed from Wheaton Way up to Olympus Drive in 1997. Change orders #4
and #5 are final change orders and will allow the close out of the project and
complete final billing to the contractor.
Public comment - none.
Mr. McConnell noted this project is in his district and one of the most
appreciated projects, which eliminated a hazardous condition, where in certain
areas vehicles were allowed to back out onto the street.
Mr. Reed stated he was familiar with the location of this project, however, he
asked that a vicinity map be included in future submittals.
#1509 M/S/C/U (McConnell/Overson) Motion to approve Change Orders ~t and #5 for
Sylvan Way Street Improvements in the amount of $4,060.00 and $37,157.72,
respectively; and authorize the Mayor to execute the same.
Mr. Overson and Mr. Shepherd asked that Agenda item 8A be placed back on
the Agenda.
8A - APPOINTMENT OF WENDY CLARK TO THE SOLID WASTE ADVISORY
COMMll lEE, #AB98-062
There is a vacancy on the Solid Waste Advisory Committee.
Wendy Clark be appointed to fill that vacancy.
It is recommended
Mayor Lynn Horton stated Ms. Clark is the Capital Director for Kitsap Transit,
has a Bachelor of Science Degree in Civil Engineering and Masters of urban
Planning. Ms. Clark is a very thorough and dedicated employee and will be an
asset to this committee. This committee deals with solid waste and recycling
issues throughout Kitsap County. Over the next several years, the City and
Kitsap County will be facing a monumental decision as to what will be done with
the generated solid waste since the current landfill will be filled to capacity.
TAP E #1534
City Council Reg. Mtg. Minutes
March 25, 1998
Page 8 of 9
Mayor Horton pointed out a correction to Ms. Clark's application.., she is a
Bremerton resident and resides on Highland Avenue.
Public comment - none.
Mr. Shepherd thanked Ms. Clark for volunteering to serve on this committee. He
too believes she has excellent skills to bring to the Committee. That committee
will be tasked with a number of responsibilities, i.e. addressing bum bans, short
life span of the landfill, community growth and how solid wastes are transported.
She will be filling the position he vacated when elected to serve on the City
Council.
Mr. McConnell stated he was pleased that Ms. Clark is a resident of Bremerton
so that her appointment did not require passage of a special ordinance. He
found her references and past experience quite impressive.
Mr. Overson stated the City is fortunate to have someone of Ms. Clark's quality
to participate on such an important committee and the City will be well served by '
her representation.
Mr. Law stated having worked with Ms. Clark on the Peninsula Regional
Transportation Planning Organization he was also pleased that she desired to
serve the City in this manner.
President Farr stated he too had knowledge of Ms. Clark's abilities through the
Kitsap Transit Board of Directors and was impressed with her abilities and that
she'll be a welcome addition to the committee.
#1746 MISICIU (Arends/Montgomery) Motion to confirm the appointment of
Wendy Clark to the Solid Waste Advisory Committee.
9A - ORDINANCE NO. 4625 (SECOND READING) AMENDING THF
OFFICIAL ZONING MAP OF THE CITY OF BREMERTON~ WASHINGTON
FOR A SINGLE PARCEL SOUTH OF HIGHWAY 3 NEAR GORST, #AB98 -
060
Public comment - none.
#1817 MlSlClU(Montgomery/McConnell) Motion to pass Ordinance No. 4625 on
second reading, amending the Official Zoning Map of the City of Bremerton,
Washington, for a single parcel south of Highway 3 near Gorst.
President Fan' thanked the TV camera crew for their services.
With no further business meeting adjourned at 6:47 P.M.
TAPE #1534
City Council Reg. Mtg. Minutes
March 25, 1998
Page 9 of 9
PAULA JOHNSTON, Deputy City Clerk
DAVID FARR, City Council President
City of Bremerton
P J/DF/me
cc: Normal Distribution
FileNault
BREMERTON CITY COUNCIL
AGENDA BILL
1. SUBJECT: Professional Services Agreement
Bremerton Main Street Association
ORIGINATING DEPARTMENT~Adm. Srvc.
FOR AGENDA OF: 4R.I-I-&~ ~- ~'- ?~
ORIGINATOR: Paula Johnston
DATE SUBMITTED: 03/12/98
2. CLEARANCES: (comment on back if 3. EXHIBITS:
necessary) ,
Administrative Services ~(¢,J~~ Agreement
City Attorney ~ .~/~_ ./~----~..~z:~. ~
Council Operations
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
In allocating 1998 Hotel/Motel Tax revenues, the City Council directed that $10,000. be
designated for the Bremerton Main Street Association. Funds will be used to perform the
scope of services identified as Exhibit A. of the Agreement.
8. RECOMMENDATION: That City Council approve the Professional Service Agreement
with the Bremerton Main Street Association in the amount of $10,000. for the year ending
12/31/98.
9. RESPONSIBLE OFFICIAL: Admin. Service8
ENFORCEMENT OFFICIAL: Admin Services
EXPIRATION DATE: 12/31/98
REVIEW DATE: 11/Q1/98
10. N___OTICE OF ACTION
PULLED TABLED
COUNCIL DIRECTIVE:
APPROVED
DISAPPROVED
DATE:
AMENDED
11. AGENDA BILL NO: ? O~ "' 05,,~L,
/[
2. CLEARANCE COMMENTS:
5. IMPACT OF NON-PASSAGE:
6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES:
Budgeted in Fund 104
7. RESF,,ARCH SOURCES:
PROFESSIONAL SERVICES AGREEMENT
Bremerton Main Street Association
THIS AGREEMENT is between the City of Bremerton, a municipal corporation (hereinafter
referredto as "City") and the Bremeton Main Street Association (hereinafter referred to
as" Consultant").
WITNESSETH:
1. SCOPE: In exchange for compensation, Consultant agrees to provide services to
the City as detailed in EXHIBIT A, attached hereto and incorporated herein by this
reference.
2. TERM: The contract shall commence January 1, 1998 and will terminate December
31, 1998.
3. COMPENSATION: City shall pay Consultant Ten Thousand and noll00 Dollars
($10,000.00). Payment shall be made in two equal installments of Five Thousand and
no/100 Dollars ($5,000.00). One payment will be made in January 1998. The second
payment will be made in July 1998.
4. RELATIONSHIP OF PARTIES: The parties understand and agree that the
Consultant is a non-profit agency skilled in matters pertaining to operations and
management of a main street association and will perform independent functions and
responsibilities in the area of its particular field of expertise. Consultant and its personnel
shall act as independent contractors and not employees of the City. As such they have no
authority to bind the City nor control employees of the City, contractors, or other entities.
Within the performance of these duties, Consultant shall work under the direction of the
Administrative Services Director.
5. INDUSTRIAL INSURANCE: Consultant agrees to provide for State industrial
insurance coverage for its personnel as required by State law.
6. LICENSES AND TAXES: Consultant shall possess a current Bremerton Business
License and any regulatory license required to fulfill Consultant's obligations under this
agreement. B & O taxes shall be paid when due and Consultant, by this Agreement,
assigns any payments due under this Agreement to the City Clerk for payment of such
taxes which have been declared delinquent.
7. INSURANCE AND HOLD HARMLESS: Prior to and during the performance of the
work covered by this Agreement, Consultant shall provide the Risk Manager for the City
with evidence that it has obtained and maintains in full force and effect during the term of
this Agreement comprehensive general liability insurance coverage of at least $500,000.00
per occurrence. In the event Consultant organizes, promotes or sponsors an event
involving the sale or consumption of food or alcoholic beverageS, Consultant shall also
provide evidence that it has obtained products liability and liquor liability insurance of at
least $500,000.00 per occurrence, for each event. The City shall be named as additional
insured. The Risk Manager shall be provided thirty (30) days written notice of any
cancellation of said insurance.
Consultant agrees to defend, indemnify and save harmless the City, its appointed
and elected officers and employees, from and against any and all liability, loss, costs,
damage and expense, including costs and attorney fees in defense thereof because of
actions, claims or lawsuits for damages resulting from personal or bodily injury, including
death at any time resulting therefrom, sustained or alleged to have been sustained by any
person or persons and on account of damage to property, arising or alleged to have risen
directly or indirectly out of or in consequence of or the performance of this Agreement,
whether such injuries to persons or damage to property is due to the negligence of
Consultant, its subcontractors, agents, volunteers, successors or assigns. This provision
shall be inapplicable to the extent City is judicially found solely negligent for such damage
or injury.
8. GENERAL CONDITIONS:
a. Reports and information - Consultant, at such times and in such forms as the
City may require, shall furnish the City such reasonable periodic reports and documents
as it may request pertaining to the work or services undertaken pursuant to this
Agreement, the costs and obligations incurred or to be incurred in the connection
therewith, and any other matters covered by this Agreement. Consultant will maintain
accounting records in accordance with generally accepted accounting principles and
practices to substantiate all invoiced amounts.
b. Entire Agreement - This Agreement constitutes the entire agreement between
the parties and both parties acknowledge that there are no other agreements, written or
oral, that have not been fully set forth in the text of this Agreement.
c. Amendments - The parties hereby agree that this Agreement cannot be
amended or modified without the written concurrence of both parties.
d. Notices - Any notices required to be given by the City to the Consultant or
by Consultant to City shall be in writing and delivered to the parties at the following
addresses:
City Clerk
239 Fourth Street
Bremerton WA 98337
Bremerton Main Street Association
Suite 201 B
245 Fourth Street
Bremerton, WA 98337
e. Waiver - Failure to insist upon strict compliance with any terms, covenants
or conditions of this Agreement shall not be deemed a waiver of such, nor shall any waiver
/¥
or relinquishment of such right or power at any time be taken to' be waiver of any other
breach.
f. Compliance with State, Local and Federal Laws - Consultant agrees to
comply with all applicable local, state and federal laws in performance of ali services under
this Agreement.
g. Applicable Law; Venue - This Agreement shall be construed and interpreted
in accordance with the laws of the State of Washington and, in the event of dispute, the
venue of any action brought hereunder shall be in Kitsap County Superior Court.
h. Attorney Fees - The substantially prevailing party in any litigation arising
hereunder shall be entitled to its reasonable attorney's fees and court costs, including
appeals, if any.
9. NONDISCRIMINATION: Consultant shall not discriminate in employment or
services to the public on the basis of race, color, national origin, sex, religion, age, marital
status or disability except employment actions based on a bona fide occupational
qualification.
10. TERMINATION: This Agreement may be terminated by either party for
convenience upon thirty (30) days written notice to the other party, or for cause if either
party fails substantially to perform through no fault of the other and does not commence
correction within five (5) days of written notice and diligently completes the correction
thereafter. Upon such termination, City will be entitled to reports showing the status of all
matters upon which Consultant is advising the City as of the effective date of termination.
IN WITNESS WHEREOF the parties hereto have executed this Agreement the date
and year indicated.
BREMERTON MAIN STREET
ASSOCIATION
Date: By:
,President
CITY OF BREMERTON
Date: By:
LYNN HORTON, Mayor
/5'
DEPARTMENTAL APPROVAL:
KATHLEEN McCLUSKEY, City Clerk
APPROVED AS TO FORM:
City Attorney
EXHIBIT A
Consultant will provide the following services:
1. Continue to sponsor community events
meetings as described as follows:
St. Patrick's Day Festivities
Concerts on the Boardwalk
Blackberry Festival
Santa arrival to the downtown area
and participate in Task Force
Promote the City of Bremerton by continuing publication and distribution of
a pamphlet through the Bremerton Area Chamber of Commerce and Visitors
& Convention Bureau.
Submit quarterly reports to the City Council advising progress and
performance of the foregoing.
1. SUBJECT:
Revisions to 1998 CDBG
AGENDA BILL
BREMERTON CITY COUNCIL
FOR AGENDA OF: April 8, 1998 :¢i~Z~:-~ai"~ ! ~;~;
ORIGINATING DEPT.: Neighborhood _' ................... ...,-:
ORIGINATOR: Deborah Peavler-Stewart
DATE SUBMITTED: March 31, 1998
2. CLEARANCES: 3. EXHIBITS:
Acting Direc~~)mity Development -z~
City Attomey~/y(~
Fiscal and Budget Co~m~ee~_~j~~~
Operations Co~
Revised Recommendations
COUNCIL PReSmENT
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
The City of Bremerton has been notified from HUD that our actual 1998 Community Development Block Grant
allocation is $576,000: The City Council approved the CDBG Advisory Committee's recommendations for
$550,000 in 1998 CDBG funds in October 1997. Attached are the recommendations for the additional $26,000
in CDBG funds, $113,832.03 in Program Income from Loan Repayments, $98,770.75 from previously funded
projects and $100,000 in HOME Consortium funds.
8. RECOMMENDATION:
Motion to approve attached funding recommendations.
9. RESPONSIBLE OFFICIAL: Acting Director of Community Development
ENFORCEMENT OFFICIAL: Acting Director of Community Development
EXPIRATION DATE:
REVIEW DATE:
PULLED TABLED
COUNCIL IMRECTtVE:
10. NOTICE OF ACTION
APPROVED DISAPPROVED
AMENDED
AGENDA BILL NO.:
2. CLEARANCE COMMENTS:
5. IMPACT ON NON-PASSAGE:
Funds will not be allocated.
6. IMPACT ON STAFFING, BUDGETS, FACILITIES~ EQUIPMENT OR OTI-IER RESOURCES:
None
7. RESEARC~ SOURCES:
lq
Department of Community Development
Recommendation
Year Amount
Activity Funded Decreased Explanation Amount To
DCD Environmental 1996 $35,000.00 Project not initiated $24,000.00 Rehab
Loans $11,000.00 Hill Climb
Big Brothers Big Sisters 1997 $ 6,526.74 Activity completed $ 4778.00 Literacy Council
with less funding $ 1748.74 Playground Exp.
Shelter America 1997 $47,244.00 Project not initiated $47,244.00. Rehab
Public Works Calming 1998 $10,000.00 Funds remaining in $10,000.00 Hill Climb
Devices 1997 project-
Tot,~! $98,770.75 $98,770.75
Program Income
Recommendation
Amount
Activity Available Explanation Amount To
BHA Loan Repayment $41,000 Funds from repayment of $15,000.00 CRA Plan
Bremerton Housing Loans- $11,000.00 Hill Climb
Not subject to HUD $15,000.00 Manette Plan
requirements.
Loan Repayments $82,832.03 Revolving Loan Program $ 82,832.03 Rev. Loan
Total $123,832.03 $123,832.03
Additional Funds
Recommendation
Amount
Activity Available Explanation
CDBG funds $ 26,000.00 Received 576,000 allocated $ 3900.00 Playground Exp
$550,000 $ 5200.00 Administration
$ 16,900.00 Rehab
Total $ 26,000.00 $26,000.00
HOME funds
Amount
Activity Available Explanation Recommendation
1997 HOME allocation $100,000 The City receives and annual $100,000 Downpayment
from Kitsap County allocation of HOME funds Assistance
from Kitsap County
Consortium-Limited Use
1998 COMMUNITY DEVELOPMENT PROGRAM
HUMAN SERVICE PROJECTS
AMOUNT AMOUNT AMOUNT RECOMMENDED RECOM1VIENDED
APPLICANT PROJECT REQUESTED RECOMMENDED PREVIOUSLYA INCREASE OR REVISIONS
PPROVED DECREASE
BY COUNCIL
YWCA ALIVE $19,778 $19,778 $19,778
Program
Brem. Service Chuckwagon $12,000 $12,000 $12,000
Assoc.
KC Sexual Intervention $'12,500 $12,000 $12,000
Assault
Kitsap Health Dental Health $15,000 $12,000 $12,000
Center
Bremerton Administration $19,200 $12,000 $12,000
Foodline
Kitsap Comm. Housing $30,000 $12,000 $12,000
Res Services
Literacy Council Work Skills $ 7,500 $ 2,722 $ 2,722 $4778.00 $7500.00
Bremerton Parks Playground $25,000 $ -0- $ -0- $5648.74 $5648.74
Express
YMCA Child Care $ 7,500 $ -0- $ -0-
New Faith Counseling $10,000 $ -0- $ -0-
Comm. Ctr
Olympic Ed. Child Care $ 7,741 $ -0- $ -0-
District Referral
Kitsap Youth Families United $ 7,500 $ -0- $ -0-
Service
RMH Counseling $22,900 $ -0- $ -0-
Sound Institute Training $32,468 $ -0- $ -0-
CAPITAL PROJECTS
AMOUNT AMOUNT AMOUNT RECOMMENDED RECOMMENDED
APPLICANT PROJECT REQUESTED RECOMMENDED PREVIOUSLY INCREASE OR REVISIONS
APPROVED BY DECREASE
COUNCIL
Bremerton Parks ADA $11,350 $11,350 $11,350
Improvements
YWCA Multi-purpose $90,000 $90,000 $90,000
facility
Bremerton P.W. Sidewalk ADA $20,000 $20,000 $20,000
BremertonParks Sheridan Park $ 8,150 $ 6,150 $ 6,150
Metro Group ADA Improve. $36,000 $36,000 $0
Elks
BHA Greenhouse $26,490 $26,490 $26,490
BremertonP.W. Burwell Hill $50,000 $ 2,510 $ 2,510 $32,000 $34,510
Climb (includes
$11,000 BHA)
Bremerton P.W. Traffic Calming $40,000 $ -0- $36,000 -$10,000 $26,000
Roxy Group Marquee $25,000 $
Restoration
EDC Microenterprise $31,100 $
T.A.
Metro Group Historic $25,000 $ -0- $ -0-
Preservation
Bremerton DCD CDC Assistance $24,950 $ -0- $ -0-
PLANNING PROJECTS
AMOUNT AMOUNT AMOUNT RECOMMENDED RECOMMENDE
APPLICANT PROJECT REQUESTED RECOMMENDED PREVIOUSLY INCREASE OR D REVISIONS
APPROVED DECREASE
BY COUNCIL
Bremerton DCD Administration $90,000 $90,000'* $90,000'* $ 5,200 $95,200
BremertonParks Kitsap Lake $10,000 $10,000 $10,000
Plan
Roxy Group Roxy Theater $ 3,500 $ 3,500 $ 0
ADA Plan
BremertonDCD Manette Plan $42,300 $ 6,500 $ 10,000 $15,000 $25,000
(includes
$15,000 BHA)
HOUSING PROJECTS
AMOUNT AMOUNT AMOUNT RECOMMENDED RECOMMENDED
APPLICANT PROJECT REQUESTED RECOMMENDED PREVIOUSLY INCREASE OR REVISIONS
APPROVED DECREASE
BY COUNCIL
Bremerton DCD Housing $75,000 $75,000'* $75,000'* $88,144' $163,144
Program
Kitsap Weatherization $100,000 $90,000 $90,000
Community
Resources
Easter Seal Housing $12,036 $ -0- $ -0-
Modification
Kitsap Mental Housing Repair $32,815 $ -0- $ -0-
Health Services
*Over $500,000 was expended on the housing program in 1997. There is a major need and demand for this program. To date we have
5 projects in process for $70,000-without additional funds we will be out of funds after the first quarter of 1998.
** Set Aside
AGENDA BILL
BREMERTON CITY COUNCIL
1. SUBJECT:
Application to participate in the grant process from
the Washington State Department of Health, Office of
Emergency Medical & Trauma Prevention
FOR AGENDA OF:
ORIGINATING DEPT:
ORIGINATOR:
DATE SUBMITTED:
Fire
Al Duke
3
2. CLEARANCES:
Budget & Fiscal
Comment. pLback if necessary)
3. EXHIBITS:
Letter from Janet Gdffith, Director
Office of Emergency Medical &
Trauma Prevention
ENDORSEMENTS .,~
MAYOR(~'~ ,~-
INFORMATION
COUNCIL PRESIDENT ~ J,,,_~~ t,
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
The Fire Department requests permission to apply and accept the $1200.00 Participation Grant from the
Washington State Department of Health, Office of Emergency Medical & Trauma Prevention. This grant is
being offered to ALL Washington State verified and licensed trauma care agencies to assist in trauma data
collection.
8. RECOMMENDATION:
Authorize the Fire Department to apply and accept the ~ $1200.00 Participation Grant from the
Washington State Department of Health, Office of Emergency Medical & Trauma Prevention.
The funds would be used to purchase a new computer for the Fire Department Medical Officer for use ~
in the required data collection for the State of Washington.
9. RESPONSIBLE OFFICIAL:
ENFORCEMENT OFFICIAL:
EXPIRATION DATE:
REVIEW DATE:
PULLED
COUNCIL DIRECTIVE:
10. NOTICE OF ACTION
TABLED APPROVED DISAPPROVED
11. AGENDA BILL NO:
2. CLEARANCE COMMENTS:
$. IMPACT ON NON-PASSAGE:
Funds from the Fire DepartmentJlnformation Services will have to be used to purchase the needed
equipment.
6. IMPACT ON STAFFING, BUDGETS~ FACILITIES~ EQUIPMENT OR OTHER RESOURCES'
7. RESEARCH SOURCES:
STATE OF WASHINGTON
DEPARTMENT OF HEALTH
Office of Emergency Medical and Trauma Prevention
Post Off/ce Box 47853 · Olympia, Washington 98504-7853
March 3, 1998
TO:
FROM:
SUBJECT:
All Verified EMS Prehospital Services
State of Washington
Janet Griffith, Directork~
Office of Emergency Medical and Trauma Prevention
Prehospital Trauma Participation Grants
As part of the Trauma Care Act of 1990, Department of Health was required to conduct a
study of trauma care reimbursement for Washington EMS and Trauma providers. The
study conducted by the consulting firm Arthur Andersen, projected uncompensated
prehospital trauma care costs of $2 million (biennial amount). The Trauma Fund Act of
1997 provides for state funds of 75% of this mount. As the cover letter to this packet
explained, preho~spital participation grants is one method of providing prehospital trauma
funding. As an active verified prehospital service in Washington's EMS and trauma care
system during this fiscal year, you are entitled to receive a participation grant of $1,200
for FY 98. The purpose of these funds is to help you meet requirements to provide
trauma care services as a verified EMS and Trauma prehospital service.
T° receive these funds, please complete the "Vendor" section of the. attached Invoice
Voucher, A19-2A form and submit to the Office of Emergency Medical and Trauma
Prevention at the address below.
If your service does NOT wish to receive this grant, please acknowledge by completing
the attached form and remm it to our office no later than May 1, 1998.
Attachment: FY 98 Pretiospital Participation Grant
Invoice Voucher A- 19-2A
Memo
To;
From:
Date:
Re:
All Vedf~d Agencies in the Northwest Region
Tim McKem, Chairperson
03/23/98
Participation Grants
Recently the Department of Health mailed all verified agencies a packet containing forms for
Participation and Needs Grants. These grants are a result of the Trauma Care Service
Funding Act of 1997. All verified prehospital services are entitled to $1,200.00 this fiscal
year.
As directed by the Northwest Region EMS Council, enclosed you will find a duplicate form
and instructions for completion of the A-19 to receive your Participation funds.
Procedures for completion of this form are very simple.
2.
3.
4.
5.
6.
That is all there is to it!!
Vendor Name and Address- Fill in your Agency Name and Address
Federal ID No. - Normally this is a 91- number used for tax purposes
Prepared by- Sign your name
Telephone Number- Agency Telephone Number
Date - Date form was completed
Mail to - Department of Health, OEMTP, P. O. Box 47853, Olympia, WA
98504-7853
Funds should be distributed prior to June 30, 1998.
· Page I
In an effort to achieve 95% data collection of all major trauma data by December 31, 1998,
the Northwest Region EMS Council is encouraging all agencies without an adequate
computer to run Collector Software, to purchase a computer with these funds.
If you are interested in purchasing a computer with these funds or have questions, please
contact Anice Grant at the Regional office. Hopefully, with voldme buying computers can be
purchased at a reduced cost to all agencies.
TM:ajg
· Page 2
Form ~ ,~' ~te of Washington
AI~2A VOU ,ER DISTRIBUTION
(Rev. Ygl)
Vendor Name and Address Agency N.umber Location Code
303 GIA
Bremerton Fire Department
C i ty of Bremerton Agency P.R. or Authorization Number
239 4th .Street RCW 70.168
Bremerton, WA. 98337
Agency Name and Location
Department of Health
OE~
PO Box 47853
Olympia, WA 98504-7853
Federal ID No or Social Security No ~o, ~n~ ~o~,~=~ s.,~u~, co~,~ v*r~,~,- ~ m.~ Received By Date Received
91-6001231
Use Space Below as Worksheet to Develop or Explain the Goods or Services Purchased. Staple Invoices on Back
For EMS Participatibn Grant~ - Traun~a Care Funding Act
For participating as a verified prehospital service during the $1,200
period January I through May 1, 1998.
Prepared by l Telephone Number Date Agency Approval Date
Allison Duke l III 360-478-5380 3-27-98
Doc~ Date Pmt Due Date Current Doc No. Ret- Doc Nb Vendor Number Vendor Message U UBI Number
T
':::~::i~ ';':64801800171 i!:;:: ' ~:i:."ii!ii:~:.'::: NZ $1,200.00
I
Number
h:kmpj0303%train',J~ 19_2Ax. doc 1997
FY 98 PREHOSPITAL PARTICIPATION GRANT
Agency/Service:
Agency's Address:
Business Telephone #:
This is to acknowledge that we do NOT wish to receive FY 98 Participation Grants.
Authorized Signature
Date
Print Name
This form'needs to be comPleted by May 1, 1998 and returned to the address below if
you do NOT wish to receive the Participation Grant funds.
Office of EM&TP
· ATTN: Prehospital Trauma Care Fund
PO Box 47853
Olympia, WA 98504-7853
t. SUBJECT:
Budget Adjustment for staffing
in the Fire Department
AGENDA BILL
BREMERTON CITY COUNCIL
FOR AGENDA OF: 4/8/98
ORIGINATING DEPT: Fire
ORIGINATOR: Al Duke
DATE SUBMITTED: 3/25/98
2. CLEARANCES:
Treasurer
Fiscal & Budget
Operations
Human Resources
ENDORSEMENTS )~',~' I
MAYOR ~/-~
Comment of I:~.~if necessary)
3. EXHIBITS:
Budget Adjustment # 98-10
~ F/OR-MATIO~q
COUNCIL PRESIDENT \~t,.~ tf~J ~
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
The administration and staff have determined that it is in the best interest of the City to increase the level
of service in the clerical staff of the Fire Department. This would allow the Fire Department to be more
responsive to the requests of the Public and the entire City staff. Currently there is one Office Assistant
Senior to provide clerical support to an administrative staff of seven.
8. RECOMMENDATION:
Motion to approve Budget Adjustment # 98-10
Office Assistant -1.
increasing staffing in the Fire Department by one
9. RESPONSIBLE OFFICIAL:
ENFORCEMENT OFFICIAL:
EXPIRATION DATE:
REVIEW DATE:
PULLED
COUNCIL DIRECTIVE:
10. NOTICE OF ACTION
TABLED APPROVED DISAPPROVED
11. AGENDA BILL NO:
2. CLEARANCE COMMENTS:
5. IMPACT ON NON-PASSAGE:
The Fire Department will continue to operate with the current authorized staffing levels.
Limitations as to responsiveness of the Fire Department would continue.
6. IMPACT ON STAFFING~ BUDGETS~ FAClLITIES~ EQUIPMENT OR OTHER RESOURCES'
7. RESEARCH SOURCES:
Requesting Department: FIRE DEPT.
I Approval Authority Required:
Nmreasurer
CITY OF BREMERTON
BUDGET ADJUSTMENT REQUEST
Adjustment Number:
98-10
SOURCE OF FUNDS:
r-]Mayor n'
Increase:
Beginning Cash 21,500
Fiscal & Budget [~Council I
USE OFFUNDS:
Increase:
Personnel 21,500
NARRATIVE:
This adjustment will add an Office Assistant I position to the Fire Department effective May 1 and appropriate
funding necessary to fill the position.
, Dep'~rtment He-a~Si~lnat ure
Treasurer Comments:
Date Director Si~lnature Date
~--1 Recommended r-~ Not Recommended ~ ~~'~
Treasurer's ~lnature~--~ D~te -
Mayor Comments:
Recommended ~ Not Recommended
Approved r'---] Denied ,~-~ ~/~ Y'//~,F
Mayor's Signature Date
Fiscal & Budget Committee Comments:
Approved ~ Denied
Fiscal & Budget Committee Signature Date
ERSONNEL COST CALCULAT "ON
PROPOSED POSITION TITLE OFFICE ASSISTANT I
SALARY/HOURLY/RANGE GRADE 4 STEP C
HOURS OF WORK PER DAY AND PER WEE E~PP. CTIVE MAY 1
FICA RATE
PENSION RATE
W.C. RATE
L&I RATE
MEDICAL DENTAL RATE
STANDARD INSURANCE RATE
CLEANING/CLOTHING ALLOWANCE
DEFERRED COMP RATE
INSURANCE PREMIUM
CLEANINGICLOTHING
0.0765
0.0750
0.1100
0.0187
2,800
0.0000
0.0000
0.0000
0.00
0.00
HOURLY RATE/SALARY
HOURS OR PAYPERIOD$
BASIC SALARY
DEFERRED COMP
F.I.C~.
PENSION
WORKERS COMP
L&I
MEDICAL/DENTAL
INSURANCE PREMIUM
CLEANING/CLOTHING
TOTAL
NUMBER OF POSITIONS
TOTAL PERSONNEL DIFFERENCE
11.33
1400
15,862
0
1,213
1,190
154
26
2,800
0
21,245
21~45
.0750 PERS
.0618 LEOFF I
.0527 LEOFF II
WORKERS COMPENSATION
.11 WHITE COLLAR
.40 FIREFIGHTERS
.45 LAW ENFORCEMENT
.60 OTHER
MEDICALJDENTAL
4800 NON-UNIFORMED
5522 UNIFORMED
L&I
ELECTED & MGMT $1.50 PER PAY PERIOD
LEOFF I & EXEMPT 0
ALL OTHERS $.0187/HOUR
STANDARD INSURANCI=
POLICE LEOFF II $10/MO
FIRE LEOFF II $20/MO
POLICE MANAGEMENT LEOFF II $12.50/MO
CLEANING/CLOTHING ALLOWANCF
CLOTHING ALLOWANCE $425/YR
CLEANING $300 POLICE
CLEANING $305 NON-UNIFORMED
CLEANING $250 FIRE
DEFERRED COMP
MANAGEMENT 4%
POLICE 2%
FIRE $100/MO
C:\123FILES\PERSCALC.WK4 03/20/98 02:28 PM
]%GEND]% BILL
BREMERTON CITY COUNCIL
SUBJECT: Radio Broadcast Tower
Lease with Triangle Broadcasting
Company
FOR AGENDA OF: April 8. 1998
ORIGINATING DEPT: Admin. Services
ORIGINATOR: K. McCluskey ,¥~&%4_
DATE SUBMITTED: April 2~ 1995
~: (oommen~; on back~ 3.
i f ~a~ry) // ~
City Attorney( ,..~).,~~~~
Operations ~
Lease Agreement
MAYOR ~ - COUNCIL PRESIDENT ~
4. SUMMARY STATEMENT AND REOUIREMENT FOR COUNCIL ACTION:
The existing radio broadcast tower at Forest Ridge Park has changed
ownership. The new owner, Triangle Broadcasting Co., has agreed to
lease the existing tower site for three years with a three year option
to renew at $400 per month rent including CPI inflator. Repair and
clean up issues at the site have been resolved.
RECOMMENDATION:
Motion to approve
Broadcasting Co.
the radio broadcast tower lease with Triangle
RESPONSIBLE OFFICIAL: Admin. Services
ENFORCEMENT OFFICIAL: Admin. Services
EXPIRATION DATE:
REVIEW DATE:
PULLED TABLED
COUNCIL DIRECTIVE:
10. NOTICE OF ACTION
APPROVED
DATE-.
11.
AGENDA BILL NO:
CLEARANCE COMMENTS (cont.):
4. SUMMARY STATEMENT (cont.):
IMPACT ON NON-PASSAGE:
Loss of lease revenue.
IMPACT ON STAFFING~ BUDGETS~ FACILITIES~ EOUIPMENT OR OTHER RESOURCES
N/A
7. RESEARCH SQURCES:
TELECOMMUNICATIONS FACILITIES~
LEASE AGREEMENT
THIS LEASE AGREEMENT entered into by and between the City ofBremerton, a
municipal corporation duly organized and existing under the laws of the State of Washington, as
Lessor (hereinafter referred to as "City") and Triangle Broadcasting Co., Inc., (hereinafter
referred to as "Lessee").
WITNE S SETH:
1. PREMISES. The City hereby leases to the Lessee real property for housing,
installing, constructing, operating and maintaining certain telecommunications facilities, said real
property and facilities being more specifically described and/or depicted in Schedule A, attached
hereto and specifically incorporated herein (hereinafter referred to as Premises). Lessee agrees to
accept such real property for such purpose, subject to the considerations, terms and conditions
specified in this Telecommunications Facilities Lease Agreement (hereinafter referred to as
"Lease").
2. DEFINITIONS. For the purpose of this Lease, and the interpretation and
enforcement thereof, the following words and phrases shall have the following meanings, unless
the context of the sentence in which they are used shall indicate otherwise:
"Person" means and includes corporations, companies, associations, joint stock
companies or associations, firms, partnerships, limited liability companies and individuals and
includes their lessors, trustees and receivers;
"Public street" means any highway, street, alley or other public right of way for motor
vehicle travel under the jurisdiction and control of the City which has been acquired, established,
dedicated or devoted to highway purposes;
"Public way" means and includes all public streets and utility easements, as those terms
are defined herein, now or hereafter owned by the City, but only to the extent of the City's fight,
title, interest or authority to grant a permit or lease to occupy and use such streets and easements
for telecommunications facilities;
"Telecommunications carrier" means and includes every person that directly or
indirectly owns, controls, operates or manages plant, equipment or property within the City, used
or to be used for the purpose of offering telecommunications service;
"Telecommunications facilities" means the plant, equipment and property, including but
not limited to, cables, wires, conduits, ducts, pedestals, antennae, towers, electronics, equipment
LEASE AGREEMENT - 1
Triangle Broadcasting - March 20, 1998
,37
storage structures and other appurtenances used or to be used to transmit, receive, distribute,
provide, house or offer telecommunications services;
"Telecommunications provider" means and includes every person who provides
telecommunications services over telecommunications facilities without any ownership or
management control of the facilities;
"Telecommunications service" means the providing or offering for rent, sale or lease, or
in exchange for other value received, of the transmittal of voice, data, image, graphic and video
programming information between or among points by wire, cable, fiber optics, laser, microwave,
radio, satellite or similar facilities, with or without benefit of any closed transmission medium.
"Utility easement" means any easement owned by the City and acquired, established,
dedicated or devoted for public utility purposes not inconsistent with telecommunications
facilities.
3. USES AND PURPOSES. Lessee shall have the use and occupancy of the
Premises for the purpose of transmission and reception of telecommunication and signals in any
and all frequencies using real property and telecommunications facilities approved in Schedule A.
Lessee shall have the right, at its expense, to erect and maintain on the Premises
improvements, personal property and facilities, as described in Schedule A and pursuant to
successful completion of all requisite permit processes.
City shall provide Lessee ingress, egress, and twenty-four hour a day, seven days a week
access over the property to the Premises adequate to service the Premises and the
telecommunication facilities at all times during this Lease at no additional charge to Lessee except
Lessee shall agree to sign a mutual road maintenance agreement to be provided by City with all
other users of access roads not included in the public road system and Lessee shall agree to share
equally the annual charge of maintaining the access roads not to exceed Three Hundred and
No/100 Dollars ($300.00). Which amount shall be increased annually in January based upon the
CPI for all urban consumers, Seattle-Tacoma index (1982-84=100) as published by the Bureau of
Labor Statistics for the last month for which statistics are posted.
4. LEASE APPLICATION. Any person that desires to solicit the City's approval
of a Lease shall file a lease proposal with the City which shall include the following:
A. The identity and legal status °fthe applicant, including any affiliates;
B. The name, address, telephone number and title of the officer, agent or
employee responsible for the accuracy of the lease application statement;
LEASE AGREEMENT - 2
Triangle Broadcasting - March 20, 1998
C. A description of the service that the applicant intends to offer or provide,
or is currently offering or providing, to persons, firms, businesses or institutions within the City,
or to those outside the City limits using facilities located within the City;
D. A description of the telecommunications facilities or other equipment
proposed to be located upon City property;
E. A description of the City property upon which the applicant proposes to
locate telecommunications facilities or other equipment;
1'. Signed set of owners drawings, preliminary plans and specifications in
sufficient detail to identify:
O)
Manufacturer standards, punch list on workmanship inspections for
future sign-offby City inspectors for all telecommunication facilities
being proposed by Lessee.
(2)
The location(s) of existing telecommunications facilities or other
equipment upon the City property, whether publicly or privately
owned,
(3)
The location and source of electric and other utilities required for
the installation and operation of the proposed facilities.
G. Accurate scale conceptual drawings and diagrams of sufficient specificity
to analyze the aesthetic impacts of the proposed telecommunications facilities or other equipment;
It. Whether the applicant intends to provide cable service, video dialtone
service or other video programming service, and sufficient information to determine whether such
service is subject to cable franchising;
I. An accurate map showing the location of any existing telecommunications
facilities in the City that applicant intends to use or lease;
J. A description of the services or facilities that the applicant will offer or
make available to the City and other public, educational and governmental institutions;
K. Evidence that the applicant has explored possible co-location sites on
existing tower sites on City or private property.
L. Such other and further information as may be requested by the City; and
LEASE AGREEMENT - 3
Triangle Broadcasting - March 20, 1998
($soo.oo).
A non-refundable application fee of Five Hundred and No/100 Dollars
5. NON-EXCLUSIVE LEASE. This Lease is nonexclusive and does not preclude
the City from granting a similar lease, right, license, franchise, etc. to other carders, providers or
other persons for telecommunications or any other purpose.
6. TERM OF LEASE. This Lease shall be valid for a term of three (3) year(s)
commencing ,19 and terminating ..... 19,
including an option to renew for one additional three (3) year term pursuant to Section 15
hereunder. Compensation will be renegotiated for renewal option..
7. COMPENSATION TO TIlE CITY.
A. This Lease is subject to the City's right, which is expressly reserved, to
annually fix a fair and reasonable compensation to be paid for the rights granted to the Lessee;
starting on the Commencement Date and on the first day of each month thereafter during~the term
of the Lease, Lessee shall pay rent at a rate of $400.00 per month, prorated for any partial
months.
At the beginning of each successive year thereafter the monthly rent shall automatically be
adjusted based upon the CPI for all urban consumers, Seattle-Tacoma index (1982-84=100) as
published by the Bureau of Labor Statistics for the last month for which statistics are posted prior
to the effective date above. However, rent shall not, in any case, decrease.
Any payments received after the due date shall include a late payment penalty of 2% of the
annual rental fee for each day or part thereof past the due date. The rental fee rate will be
reviewed annually.
8. LICENSES AND TAXES. Upon commencement of the Lease, Lessee shall be
responsible for paying real or personal property, leasehold excise, business and occupation, and/or
other taxes or licenses which may in the future be assessed as a direct result of the Lessee's
operations at the telecommunications facilities described herein.
9. UTILITIES. Electricity, HVAC and telephone service, or other utilities are to be
provided to the Premises and Site at Lessee's expense and as Outlined in Schedule A. City shall
cooperate with Lessee in obtaining utility service.
10. IMPROVEMENTS. During the term of this Lease if Lessee wishes to expand
the initial configuration contained in Schedule A, Lessee will submit a new application pursuant to
Section 4. Compensation for the proposed expansion will be negotiated upon approval of the
application.
LEASE AGREEMENT - 4
Triangle Broadcasting . March 20, 1998
11. RIGHTS GRANTED. This Lease does not convey any right, title or interest in
the City property, but shall be deemed a license only to use and occupy the City property for the
limited purposes and term stated in the Lease. Further, this Lease shall not be construed as any
warranty of title.
12. CANCELLATION OF LEASE BY LESSEE.
A. All Leases are contingent upon the Lessee obtaining all necessary permits,
approvals and licenses for the proposed facilities. In the event that the Lessee is unable to obtain
all such permits, approvals and licenses, it may cancel its lease, and obtain a pro rata refund in any
rents paid, without further obligation by giving 30 days prior written notice to the City. Lessee
agrees to restore City property to original condition if cancellation is requested.
B. In the event that the holder of a Lease determines that the City property is
unsuitable for its intended purpose, the Lessee shall have the right to cancel the Lease upon 120
days written notice to the City. However, no prepaid rent shall be refundable.
13. INTERFERENCE WITH OTHER USERS. The Lessee acknowledges that the
City may enter into leases with other tenants for their equipment and telecommunications facilities
for the purposes of transmitting and receiving telecommunication signals from City property. The
City, however, is not in any way responsible or liable for any interference with Lessee's use of the
City property which may be caused by the use and operation of any other tenant' s equipment,
even if caused by new technology. In the event that any other tenant' s activities interfere with the
Lessee's use of the City property, and the Lessee cannot resolve this interference with the other
tenants, the Lessee may, upon 30 days notice to the City, terminate this lease and restore the City
property to its original condition, reasonable wear and tear excepted. The Lessee shall cooperate
with all other tenants to identify the causes of and work towards the resolution of any electronic
interference problem. In addition, the Lessee agrees to eliminate any radio or television
interference caused to City-owned facilities or surrounding residences at Lessee's own expense
and without installation of extra filters on City-owned equipment. Lessee further agrees to accept
such interference as may be received from City operated telecommunications or other facilities
located upon the City property subject to this Lease.
14. OWNERSHIP AND REMOVAL OF IMPROVEMENTS. All buildings,
landscaping and all other improvements, except telecommunications equipment, shall become the
property of the City upon expiration or termination of the Lease. In the event that the City
requires removal of such improvements after termination of the Lease, such removal shall be
accomplished at the sole expense of the Lessee and completed within 30 days at~er receiving
notice from the City requiring removal of the improvements. Additional time may be granted
upon the discretion of the City which approval shall not be unreasonably withheld. In the event
that telecommunications facilities or other equipment are lea upon City property after expiration
or termination of the lease, they shall, at the City's option, become the property of the City if not
removed by the Lessee upon 30 days written notice from the City. If Lessee fails to remove the
LEASE AGREEMENT - 5
Triangle Broadcasting - March 20, 1998
4/
property upon request by the City, Lessee agrees to reimburse the City fOr any and all removal
costs incurred by the City.
15. RENEWAL APPLICATION. A Lessee that desires to renew its Lease under
this Article shall, not more than one hundred twenty (120) days nor less than sixty (60) days
before expiration of the current Lease, file an application with the City for renewal of its Lease
which shall include the following:
A. The information required pursuant to Section 4;
B. Any additional information required based upon elements of the current
Lease agreement between the City and the Lessee;
C. All deposit~ or charges required pursuant to City ordinances;
D. A non-refundable application fee in the amount of Five Hundred and
No/100 Dollars ($500.00).
The City reserves the right to extend the review period for the renewal application if
additional information is required.
16. OBLIGATION TO CURE AS A CONDITION OF RENEWAL. No Lease
shall be renewed until any ongoing violations or defaults in the Lessee's performance of the Lease
have been cured, or a plan detailing the corrective action to be taken by the Lessee has been
approved by the City.
17. POLICE POWER. In accepting this Lease, the Lessee acknowledges that its
rights hereunder are subject to the legitimate rights of the police power of the City to adopt and
enforce general ordinances necessary to protect the safety and welfare of the public and it agrees
to comply with all applicable general laws enacted by the City pursuant to such power.
18. REPAIR AND EMERGENCY WORK. In the event of an unexpected repair or
emergency, the Lessee may commence such repair and emergency response work as required
under the circumstances, provided the Lessee shall notify the City as promptly as reasonably
possible, before such repair or emergency work commences or as soon thereafter as possible if
advance notice is not practicable.
19. MAINTENANCE OF LEASE FACILITIES. The Lessee shall maintain its
facilities in good and safe condition and in a manner that complies with all applicable federal, state
and local requirements. Lessee shall not permit waste, damage, or injury to the premises
including any City property, public ways of the City, other ways or other property, whether
publicly or privately owned, located in, on or adjacent thereto. Lessee shall not restrict site access
LEASE AGREEMENT - 6
Triangle Broadcasting - March 20, 1998
to City. City shall have the exclusive fight to inspect the Lessee's telecommunications facilities
and equipment at any time during the term of this Lease to ensure compliance with the terms and
conditions herein; Provided, however, Lessee has the right to be present at all inspections of
Lessee's telecommunications facilities and equipment, and City shall give Lessee at least 24 hours
prior notice of such intent.
20. SIGNAGE. Lessee shall display a current sign on telecommunication facilities
identifying Lessee, address and a 24 hour phone number.
21. RELOCATION OR REMOVAL OF FACILITIES. Within thirty (30) days
following written notice from the City, the Lessee shall, at its own expense, temporarily or
permanently remove, relocate, change or alter the position of any telecommunications facilities
within the public ways or upon City property whenever the City Public Works & Utilities Director
shall have determined that such removal, i'elocation, change or alteration is reasonably necessary
for:
A. The construction, repair, maintenance or installation of any City or other
public improvement in or upon the public ways; and
public ways.
The operations of the City or other governmental entity in or upon the
C. The facilities unreasonably interfere with the use of the public ways by the
City, by the general public or by other persons authorized to use or be present in or upon public
ways.
Additional time for removal or relocation may be granted at the discretion of the City
which extension shall not be unreasonably withheld. If Lessee fails to remove the property upon
request by the City, Lessee agrees to reimburse the City for any and all removal costs incurred by
the City.
22. REMOVAL OF UNAUTHORIZED FACILITIES. Within thirty (30) days
following written notice from the City, Lessee or any person who owns, controls or maintains on
behalf of Lessee any unauthorized telecommunications system, facility or related appurtenances
within the public ways or real property of the City may, remove such facilities or appurtenances
from the public ways or property of the City. A telecommunications system or facility is
unauthorized and subject to removal in the following circumstances:
A. Upon expiration or termination of the Lessee's Lease without approved
extension or renewal;
LEASE AGREEMENT - 7
Triangle Broadcasting - March 20, 1998
B. Upon abandonment of a facility within the public ways or real property of
the City. Any property ora Lessee shall be deemed abandoned if lett in place 30 days after
expiration or termination of the Lease;
of a Lease;
If the system or facility was constructed or installed without the prior grant
D. If the system or facility was constructed or installed without the prior
issuance of a required City permits; and
E. If the system or facility was constructed or installed at a location not
permitted by the Lease.
Provided, however, that the City may, in i{s sole discretion, allow a Lessee, or other such
persons who may own, control, or maintain telecommunications facilities within the public ways
or property of the City to abandon such facilities in place. No facilities of any type may be
abandoned in place without the express written consent of the City. Any plan for abandonment or
removal of a Lessee's facilities must be first approved by the Public Works and Utilities Director,
and all necessary permits must be obtained prior to such work. Upon authorized permanent
abandonment of the property of such persons in place, the property shall become that of the City,
and such persons shall submit to the City an instrument in writing, to be approved by the City
Attorney, transferring to the City the ownership of such property in which event, Lessee shall
have no further obligations or liability with respect to such facilities. The provisions of this
Section shall survive the expiration, revocation, or termination of the Lease granted hereunder. If
the City does not authorize abandonment and Lessee fails to remove such facilities within thirty
(30) days following notice, Lessee agrees to reimburse the City for any and all costs incurred by
the City for facilities removal.
23. EMERGENCY REMOVAL OR RELOCATION OF FACILITIES. The City
retains the right and privilege to cut or move any telecommunications facilities located within the
public ways of the City and upon City property, as the City may determine to be necessary,
appropriate or useful in response to any public health or safety emergency. The City shall not be
liable to Lessee, or any other party for any direct, indirect, or any other such damages suffered by
any person or entity of any type as a direct or indirect result of the City's actions under this
Section.
24. DAMAGE TO FACILITIES. Unless directly and proximately caused by the
willful, intentional or malicious acts by the City not Otherwise authorized herein, the City shall not
be liable for any damage to or loss of any telecommunications facility upon City property or
within the public ways of the City as a result of or in connection with any public works, public
improvements, construction, excavation, grading, filling, or work of any kind on such City
property or within the public ways by or on behalf of the City.
LEASE AGREEMENT - 8
Triangle Broadcasting - March 20, 1998
25. RESTORATION OF PUBLIC WAYS, OT]t"ER WAYS AND CITY
PROPERTY.
A. When the Lessee, or any person acting on its behalf, does any work in or
affecting any public ways, other ways or City property, it shall, at its own expense, promptly
remove any obstructions therefrom and restore such ways or property to City construction
standards as adopted before the work was undertaken, unless otherwise directed by the City.
Lessee shall obtain all requisite permits for such work.
B. If weather or other conditions do not permit the complete restoration
required by this Section, the Lessee shall temporarily restore the affected ways or property. Such
temporary restoration shall be at the Lessee's sole expense and the Lessee shall promptly
undertake and complete the required permanent restoration when the weather or other conditions
no longer prevent such permanent restoration.
C. The Lessee or other person acting in its behalf shall use suitable barricades,
flags, flagmen, lights, flares and other measures as required for the safety of all members of the
general public and to prevent injury or damage to any person, vehicle or property by reason of
such work in or affecting such ways or property.
D. The Public Works and Utilities Director or designee shall be responsible for
inspection and final approval of the condition of the public ways, other ways, and City property
following any construction and restoration activities therein. Further, the provisions of this
Section shall survive the expiration, revocation, or termination of this Lease.
26. FACILITIES MAPS. The Lessee shall provide the City with a map or maps
accurately reflecting the horizontal and vertical location and configuration of all of its
telecommunications facilities within the public ways and upon City property. The Lessee shall
provide the City with updated maps upon request by the City.
27. BOOKS, RECORDS AND MAPS. All books, records, maps and other
documents, maintained by the Lessee with respect to its telecommunications facilities within the
public ways and upon City property shall be made available for inspection by the City at
reasonable times and intervals; Provided, however, that nothing in this Section shall be construed
to require the Lessee to violate state or federal law regarding subscriber privacy, nor shall this
Section be construed to require the Lessee to disclose proprietary or confidential information
without adequate safeguards for its confidential or proprietary nature.
28. INSURANCE. The Lessee shall, as a condition of the Lease, secure and maintain
the following liability insurance policies insuring both the Lessee and the City, and its elected and
appointed officers, officials, agents, employees, representatives, engineers, consultants, and
volunteers as co-insureds against claims for injuries to persons or damages to property which may
LEASE AGREEMENT - 9
Triangle Broadcasting - March 20, 1998
4.5
arise from or in connection with the exercise of the rights, privileges, and authority granted to the
Lessee:
A. Comprehensive general liability insurance, written on an occurrence basis,
with limits not less than:
(1) $2,000,000.00 for bodily injury or death to each person;
(2)
$2,000,000.00 for property damage resulting from any one
accident; and
(3) $2,000,000.00 for all other types of liability.
B. Comprehensive form premises-operations, explosions and collapse hazard,
underground hazard and products completed hazard with limits of not less than $2,000,000.00;
C. The liability insurance policies required by this Section shall be maintained
by the Lessee throughout the term of the Lease, and such other period of time during which the
Lessee is operating without a Lease hereunder, or is engaged in the removal of its
telecommunications facilities. The Lessee shall provide an insurance certificate, together with an
endorsement naming the City, and its elected and appointed officers, officials, agents, employees,
representatives, engineers, consultants, and volunteers as additional insureds, to the City prior to
the commencement of any work or installation of any facilities pursuant to said Lease. Any
deductibles or self-insured retentions must be declared to and approved by the City. Payment of
deductibles and self-insured retentions shall be the sole responsibility of the Lessee. The
insurance certificate required by this Section shall contain a clause stating that coverage shall
apply separately to each insured against whom claim is made or suit is brought, except with
respect to the limits of the insurer's liability. The Lessee's insurance shall be primary insurance as
respects the City, its officers, officials, employees, agents, consultants, and volunteers. Any
insurance maintained by the City, its officers, officials, employees, consultants, agents, and
volunteers shall be in excess of the Lessee's insurance and shall not contribute with it;
D. In addition to the coverage requirements set forth in this Section, each such
insurance policy shall contain the following endorsement:
"It is hereby understood and agreed that this policy may not be canceled nor the
intention not to renew be stated until thirty (30) days after receipt by the City, by
registered mail, of a written notice addressed to the Administrative Services
Director of such intent to cancel or not to renew."
E. Within 30 days after receipt by the City of said notice, and in no event later
than 15 days prior to said cancellation or intent not to renew, the Lessee shall obtain and furnish
to the City replacement insurance policies meeting the requirements of this Section.
LEASE AGREEMENT - 10
Triangle Broadcaating - March 20, 1998
29. GENERAL INDEMNIFICATION. The Lessee hereby releases, covenants not
to bring suit and agrees to indemnify, defend and hold harmless the City, its elected and appointed
officials, officers, employees, agents, representatives, engineers, and consultants from any and all
claims, costs, judgments, awards, or liability to any person, including claims by the Lessee's own
employees to which the Lessee might otherwise be immune under Title 51 RCW, arising from
injury or death of any person or damage to property of which the negligent acts or omissions of
the Lessee, its agents, servants, officers, or employees in performing under this Lease are the
proximate cause. The Lessee further releases, covenants not to bring suit and agrees to
indemnify, defend and hold harmless the City, its elected and appointed officials, officers,
employees, agents, representatives, engineers, and consultants from any and all claims, costs,
judgments, awards, or liability to any person including claims by the Lessee's own employees,
including those claims to with the Lessee might otherwise have immunity under Title 51 RCW,
arising against the City solely by virtue of the City's ownership or control of the rights-of-way or
other public properties, by virtue of'the Lessee's exercise of the rights granted herein, or by virtue
of the City's permitting the Lessee's use of the City's rights-of-way or other public property,
based upon the City's inspection or lack of inspection of work performed by the Lessee, its agents
and servants, officers or employees in connection with work authorized on the City's property or
property over which the City has control, pursuant to this Lease, or pursuant to any other permit
or approval issued in connection with this lease. This provision waiving immmunity for claims
arising out of Title 51 RCW was specifically negotiated by the parties. This covenant of
indemnification shall include, but not be limited by this reference, claims against the City arising as
a result of the negligent acts or omissions of'the Lessee, its agents, servants, officers, or
employees in barricading, instituting trench safety systems or providing other adequate warnings
of any excavation, construction, or work in any public right-of-way or other public property in
performance of work or services permitted under this Lease.
Inspection or acceptance by the City of any work performed by the Lessee at the time of
completion of construction shall not be grounds for avoidance of any of these covenants of
indemnification. Said indemnification obligations shall extend to claims which are not reduced to
a suit and any claims which may be compromised prior to the culmination of any litigation or the
institution of any litigation.
In the event that the Lessee refuses the tender of defense in any suit or any claim, said
tender having been made pursuant to the indemnification clauses contained herein, and said refusal
is subsequently determined by a court having jurisdiction (or such other tribunal that the parties
shall agree to decide the matter), to have been a wrongful refusal on the part of the Lessee, then
the Lessee shall pay all of the City's costs for defense of the action, including all reasonable expert
witness fees and reasonable attorneys' fees and the reasonable costs of the City, including
reasonable attorneys' fees of recovering under this indemnification clause.
In the event of liability for damages arising out of bodily injury to persons or damages to
property caused by or resulting from the concurrent negligence of the Lessee, and the City, its
officers, employees and agents, the Lessee's liability hereunder shall be only to the extent of the
LEASE AGREEMENT - 11
Triangle Broadcasling - March 20, 1998
Lessee's negligence. It is further specifically and expressly understood that the indemnification
provided herein constitutes the Lessee's waiver of immunity under Title 51 RCW, solely for the
purposes of this indemnification. This waiver has been mutually negotiated by the parties.
The provisions of this Section shall survive the expiration or termination of this Lease
agreement.
Notwithstanding any other provisions of this Section, the Lessee assumes the risk of
damage to its facilities located in the City's public ways, rights-of-way, easements, and property
from activities conducted by the City, its officers, agents, employees, and contractors. The Lessee
releases and waives any and all claims against the City, its officers, agents, employees, or
contractors for damage to or destruction of the Lessee's facilities caused by or arising out of
activities conducted by the City, its officers, agents, employees, and contractors, in the public
ways, rights-of-way, easements, or property subject to this Lease, excepi to the extent any such
damage or destruction is caused by or arises from the sole negligence or any willful or malicious
action on the part of the City, its officers, agents, employees, or contractors. The Lessee further
agrees to indemnify, hold harmless and defend the City against any claims for damages, including,
but not limited to, business interruption damages and lost profits, brought by or under users of the
Lessee's facilities as the result of any interruption of service due to damage or destruction of the
user's facilities caused by or arising out of activities conducted by the City, its officers, agents,
employees, or contractors, except to the extent any such damage or destruction is caused by or
arises from the sole negligence or any willful or malicious actions on the part of the City, its
officers, agents, employees, or contractors.
30. ASSIGNMENTS OR TRANSFERS OF LEASE. Ownership or control of a
Lease may not, directly or indirectly, be transferred, assigned or disposed of by sale, lease,
merger, consolidation or other act of the Lessee, by operation of law or otherwise, without the
prior written consent of the City, which consent shall not be unreasonably withheld or delayed,
except as expressed by ordinance and then only on such reasonable conditions as may be
prescribed therein.
A. No Lease shall be assigned or transferred in any manner within twelve (12)
months after the initial grant of the Lease, unless otherwise provided.
B. Absent extraordinary and unforeseeable circumstances, no system or
integral part of a system shall be assigned or transferred before construction of the
telecommunications facility has been completed.
C. The Lessee and the proposed assignee or transferee of the system shall
provide and certify the following information to the City not less than sixty (60) days prior to the
proposed date of transfer:
LEASE AGREEMENT - 12
Triangle Broadcasting - March 20, 1998
(1)
Complete information setting forth the nature, terms and condition
of the proposed transfer or assignment;
(2)
All information required of a lease applicant pursuant to Section 4
with respect to the proposed transferee or assignee;
(3) Any other information reasonably required by the City; and
(4) An application fee set by Section 4.
D. No transfer shall be approved unless the assignee or transferee has the
legal, technical, financial, and other requisite qualifications to own, hold and operate the
telecommunications facility pursuant to this Lease.
E. Unless otherwise provided in this Lease, the Lessee shall reimburse the
City for all direct and indirect costs and expenses reasonably incurred by the City in considering a
request to transfer or assign this Lease. No approval shall be deemed approved until all such
costs and expenses have been paid.
F. Any transfer or assignment of the lease, system, or integral part of a system
without prior written approval of the City under this Section or pursuant to the Lease shall be
void and is cause for revocation of the lease.
31. TRANSACTIONS AFFECTING CONTROL OF LEASE. Any transactions
which singularly or collectively result in a change of 50% or more of the ownership or working
control of the Lessee, of the ownership or working control of the telecommunications facility, of
the ownership or working control of affiliated entities having ownership or working control of the
Lessee or of a telecommunications facility, or of control of the capacity or bandwidth of the
Lessee's telecommunication system, facilities or substantial parts thereof, shall be considered an
assignment or transfer requiring City approval pursuant to Section 34 hereof. Transactions
between affiliated entities are not exempt from City approval. The Lessee shall promptly notify
the City prior to any proposed change in, or transfer of, or acquisition by any other party of
control of Lessee's company. Every change, transfer, or acquisition of control of a Lessee's
company shall cause a review of the proposed transfer. In the event that the City adopts a
resolution or other appropriate order denying its consent and such change, transfer or acquisition
of control has been effected, the City may cancel the Lease. Approval shall not be required for
mortgaging purposes or if said transfer is from the Lessee to another person or entity controlling,
controlled by, or under common control with the Lessee.
32. REVOCATION OR TERMINATION OF LEASE. The Lease granted by the
City to use or occupy public ways of the City or City property may be terminated for the
following reasons:
LEASE AGREEMENT - 13
Triangle Broadcasting - March 20, 1998
¥?
A. Lessee's construction or operation in the City or in the public ways of the
City or upon City property without proper City authorization;
B. Lessee's construction or operation at an unauthorized location;
C. Unauthorized substantial transfer of control of the Lessee;
D. Unauthorized assignment of Lease;
E. Unauthorized sale, assignment or transfer of Lessee's Lease, assets, or a
substantial interest therein;
F. Misrepresentation by or on behalf of the Lessee in any application or
written statement upon which the City relies in making the decision to grant, review oi amend
said Lease;
City property;
Abandonment of telecommunications facilities in the public ways or upon
H. Failure to relocate or remove facilities as required in this Lease;
I. Failure to pay taxes, compensation, fees or costs when and as due the City;
J. Insolvency or bankruptcy of the Lessee;
K. Failure to construct or operate in accordance with approved permits; and
L. Violation of any material provision or term of this lease.
33. NOTICE AND DUTY TO CURE. In the event that the City believes that
grounds exist for revocation of this Lease, the Lessee shall be given written notice of the apparent
violation, default, or noncompliance, providing a short and concise statement of the nature and
general facts of the violation or noncompliance, and providing the Lessee a reasonable period of
time not exceeding 30 days to furnish evidence:
A. That corrective action has been, or is being actively and expeditiously
pursued, to remedy the violation, default or noncompliance;
B. That rebuts the alleged violation, default or noncompliance; and
C. That it would be in the public interest to impose some penalty or sanction
less than revocation.
LEASE AGREEMENT - 14
Triangle Broadcasling - March 20, 1998
34. HEARING. In the event that the Lessee fails to provide .evidence reasonably
satisfactory to the City as provided in Section 33 hereof, the City shall refer the apparent
violation, default or non-compliance to the City Council. The City Council shall provide the
Lessee with notice and a reasonable opportunity to be heard concerning the matter.
35. STANDARDS FOR REVOCATION OR LESSER SANCTIONS. If the City
Council determines that a Lessee willfully violated or failed to comply with any of the provisions
of this Lease or through willful misconduct or gross negligence failed to heed or comply with any
notice given the Lessee by the City under the provisions of this Lease, then the Lessee shall, at the
election of the City Council and upon thirty (30) days prior written notice by City, forfeit all rights
conferred hereunder and the Lease may be revoked or annulled by the City Council. The City
Council may elect, in lleu of the above and without any prejudice to any of its other legal rights
and remedies, to pursue other remedies, including obtaining an order from the Superior Court
having jurisdiction compelling the Lessee to comply with the provisions of this Lease, and t~
recover damages and costs incurred by the City by reason of the Lessee's failure to comply. The
City Council shall utilize the following factors in analyzing the nature, circumstances, extent, and
gravity of the violation and in making it's determination under this Section:
A. Whether the misconduct was egregious;
B. Whether substantial harm resulted;
C. Whether the violation was intentional;
requirements;
Whether there is a history of prior violations of the same or other
E, Whether there is a history of overall compliance; and
F. Whether the violation was voluntarily disclosed, admitted or cured.
36. NOTICE OF ENTRY ON PRIVATE PROPERTY. If directed by the City, at
least 24 hours prior to entering private property or streets or public easements adjacent to or on
such private property to perform permitted new construction or reconstruction, a notice indicating
the nature and location of the work to be performed shall be physically posted, at no expense to
the City, upon the affected property by the Lessee. A door hanger may be used to comply with
the notice and posting requirements of this Section. The Lessee shall make a good faith effort to
comply with the property owner/resident's preferences, if any, on location or placement of
underground installations (excluding aerial cable lines utilizing existing poles and existing cable
paths), consistent with sound engineering practices. Provided, however, that nothing in this Lease
shall permit the Lessee to unlawfully enter or construct improvements upon the property or
premises of another.
LEASE AGREEMENT - 15
Triangle Broadcasting - March 20, 19911
5/
:37. SAFETY REQUIREMENTS, The Lessee, in accordance with applicable
federal, state, and local safety requirements shall, at all times, employ ordinary care and shall
install and maintain and use commonly accepted methods and devices for preventing failures and
accidents which are likely to cause damage, injury, or nuisance to the public and/or workers. All
structures and all lines, equipment and connections in, over, under, and upon the streets,
sidewalks, alleys, and public ways or places of a Lease area, wherever situated or located, shall at
all times be kept and maintained in a safe, suitable condition, and in good order and repair. The
City reserves the general right to see that the telecommunications facility of the Lessee is
constructed and maintained in a safe condition. If a violation of the National Electrical Safety
Code or other applicable regulation is found to exist by the City, the City will, after discussions
with the Lessee, establish a reasonable time for the Lessee to make necessary repairs. If the
repairs are not made within the established time frame, the City may make the repairs itself or
have them made and collect all reasonable costs thereof from the Lessee.
38. LIENS. Lessee shall not permit any lien to be imposed upon the property of the
City as a result of work done by or on behalf of user and shall indemnify and hold the City
harmless against any and all expenses, including reasonable attorney's fees and court costs in
connection with any such lien.
39. MISCELLANEOUS.
A. This agreement shall be governed by the laws of the State of Washington.
B. The substantially prevailing party in any litigation arising hereunder shall be
entitled to its reasonable attorney's fees and court costs, including appeals, if any.
C. Each party agrees to furnish the other, within ten (10) days after request,
such truthful estoppel information as the other may reasonably request.
D. This Lease constitutes the entire agreement and understanding of the
parties, and supersedes all offers, negotiations and other agreements. There are no
representations or understandings of any kind not set forth herein. Any amendments to said Lease
must be in writing and executed by both parties.
E. If either party is represented by a real estate broker in this transaction, that
party shall be fully responsible for any fee due such broker.
F. If any term of this Lease is found to be void or invalid, such invalidity shall
not affect the remaining terms of this Lease, which shall continue in full force and effect.
G. Any notice or demand required to be given herein shall be made by certified
or registered mail, return receipt requested, to the address of the respective parties set forth
below:
LEASE AGREEMENT - 16
Triangle Broadcasting - March :20, 1998
LESSOR:
City of Bremerton
Administrative Services Director
239 Fourth Street
Bremerton, WA 98337
LESSEE:
Frank Olsen, President
Triangle Broadcasting Co., Inc.
2825 Tahquitz Canyon Way, #202
Palm Springs, CA 92262
40. NONDISCRIMINATION. Lessee shall not discriminate in employment or
services to the public on the basis of race, color, national origin, sex, religion, age, marital status
or disability, except employment actions based on a bona fide occupational qualification.
Date:
Date:
TRIANGL~2E~/ADCASTING CO., INC.
CITY OF BREMERTON
Date:
LYNN S. HORTON, Mayor
DEPARTMENTAL APPROVAL:
W. EUGENE SAMPLEY, Director of Public Works & Utilities
APPROVED AS TO FORM:
GLENNA MALANCA, City Attorney
LEASE AGREEMENT - 17
Triangle Broadcasting - March 20, 1998
STATE OF CALIFORNIA )
COUNTY OF
SS,
On this date, personally appeared before me, the undersicjned,.a NotaL'V Public in
and for the State of California, duly commissioned and sworn.~F/~ (15 ~ ~:~'~ and
to me known to be the ,~rff-~___ ~__.~---¢~ and
, respectively, of TRIANGLE BROADCASTING CO., INC., the
corporation that executed the foregoing instrument, and acknowledged the said
instrument to be the free and voluntary act and deed of said corporation, for the uses
and purposes therein mentioned, and who are authorized to execute the said instrument.
SIGNED AND SWORN to before me this ..~'- day of ~'~~ , 1998.
Notary Public for-,tbe State of California
Residing at -iH'~ ~/--~'~)/~--~
Appointment Expires: / f---~ --~',~"
STATE OF ~-----f~-~- ('~/~ ~ )
) SS,
COUNTY OF ~ ~/~-~ )
On this day personally appeared before me, the undersigned Notary Public in and
for the State of ~'~r/.._ I ~ ~J?,~uly commissioned and sworn, FRANK OLSEN, to me
known to be the individual described in and who executed the within and foregoing
instrument and acknowledged to me that he signed the same as his free and volunta~
a~ and deed for the purposes therein mentioned.
SIGNED AND SWORN to before me this ~ day of~ ~('~ , 1998.
'
Nota~ Public fo~t~e State~f~~/~ ~ z ~
Residing ~ ~~ ~ ~r ~ ~ ~
Appointment ~pires: //~ ~
Page 4
BEa~l~l & (3E3~'IRY
A1T(31~EYB AT LAW
:~aO NC)R~'I CX~L.LJI4BIA, ~'T1:l~-r
State of Washington
County of Kitsap
SS.
On this day of ,19~., personally appeared Lynn S.
Horton to me known to be the Mayor of the City ofBremerton, a municipal corporation, that
executed the within and foregoing instrument, and acknowledged said instrument to be the free
and volumary act and deed of said municipal corporation, for the uses and purposes therein
mentioned, and on oath stated that she was authorized to execute said instrument.
In witness whereof I have hereunto set my hand and affixed my official seal the day and
year first above written.
Notary Public in and for the State of Washington
Residing at
My commission expires:
RECEIVED FOR FILING:
KATFILEEN L. MeCLUSKEY, City Clerk
LEASE AGREEMENT - 18
Triangle Broadcasting - March 20, 1998
5'5
TRIANGLE. BROADCASTING CO.
2&~ Tahquh'z C:anyon Way · Suite 202
March 12, 1998
Kathleen McCluskey, Director
Administrative Services
City of Bremerton
239 Fourth Street
Bremerton, WA 98337
Dear Ms. McCluskey:
As discussed with Paula Johnnorz, we are applying for a new lease to the property which
we now lease from the City for KBRO Radio. Triangle Broadcasting (which is the major
shareholder of Washington Broadcast Management Company, Inc.) is providing the
following so that we may secure the lease as soon as possible:
4A.
IDENTITY AND LEGAL STATUS:
Triangle Broadcasting Co., Inc.,
dba/KBRO Radio, Bremerton, Washington
4B.
NAME, ADDRESS, PHONE, TITLE OF RESPONSIBLE OFFICER:
Frank Olsen, President
Triangle Broadcasting Co., Inc.
2825 Tahquitz Canyon Way, #202
Palm Springs, CA 92262 (760) 322-1217
4C. SERVICES TO BE PROVIDED:
Minority/Community Radio Programming
4D.
DESCRIPTION OF THE TELECOMMUNICATIONS FACILITIES OR OTHER
EQUIPMENT PROPOSED TO BE LOCATED UPON CITY PROPERTY:
AM Broadcast Bank transmitter, antenna and associated equipment,
comprised ofequipmem located in building on-site and one 9'x9'x150'
tapered, self-supporting tower as the radiator.
5ck.d le A
4E.
4F.
DESCRIPTION OF THE CITY PROPERTY UPON WHICH THE APPLICANT
PROPOSES TO LOCATE TELECOMMUNICATIONS FACILITIES OR
OTHER EQUIPMENT:
A portion of the SE quarter of the SW quarter of the SE quarter of Section
15, Township 24 N, Range 1 E, W.M., more particularly described as
follows: BEGINNING at the SE comer of the SE quarter of the SW
quarter of the SE quarter of said Section 15; thenN 89 00'22" W on the S
line of said Section 15 a distance of 585.46 feet; thence N 0 59'38" E a
distance of 254.81 feet to the true point of BEGINNING; thence N 67
10'07" W a distance of 45.00 feet; thence N 22 49'53" E a distance of
35.00 feet; thence S 67 10'07" E a distance of 45.00 feet; thence S 22
49'53" W a distance of 35.00 feet to the tree point of BEGINNING;
containing 0.036 acres.
SIGNED SET OF OWNER'S DRAWINGS, PRELIMINARY PLANS AND
SPECIFICATIONS IN SUFFICIENT DETAIL TO IDENTIFY:
Manufacturer standards, punch list or workmanship inspections for future
sign-offby City inspectors for all telecommunications facilities being
proposed by Lessee.
Equipment is type-accepted by the Federal Communications Commission
(FCC) for use in the AM Broadcast Band.
2. The location(s) of existing telecommunications facilities or other equipmem
upon City property_, whether publicly or privately owned.
All equipment, with the exception of the radiating tower, is located within
the 16'x16' block building existing on City property. The radiating tower
is situated on four concrete pier foundations located to the East of the
building.
3. The location and source of electric and other utilities required for the
installation and operation of the proposed facilities.
Electric Utility: The source of electrical power is a pole-mourned
transformer provided by Puget Sound Energy, located at the North side of
the intersection of First and Hartford Streets.
Telephone Utility: The source of telephone utilities is a pedestal provided
by U.S. West located adjacent to the vehicle gate for the City-owned
gravel road leading to the top of Forest Ridge Park.
2
4G.
4H.
4I.
4J.
4K.
4L.
4M.
ACCURATE SCALE CONCEPTUAL DRAWINGS AND DIAGRAMS OF
SUFFICIENT SPECIFICITY TO ANALYZE THE AESTHETIC IMPACTS OF
THE PROPOSED TELECOMMUNICATIONS FACILITIES OR OTHER
EQUIPMENT.
See Attachment A and Attachment B.
WHETHER THE APPLICANT INTENDS TO PROVIDE CABLE SERVICE,
VIDEO DIAL TONE SERVICE OR OTHER VIDEO PROGRAMMING
SERVICE, AND SUFFICIENT INFORMATION TO DETERMINE WHETHER
SUCH SERVICE IS SUBJECT TO CABLE FRANCHISING.
No video service of any kind is planned.
AN ACCURATE MAP SHOWING THE LOCATION OF ANY EXISTING
TELECOMMUNICATION FACILITIES IN THE CITY THAT APPLICANT
INTENDS TO USE OR LEASE
See Attachments A and B located on the site described in 4E above.
DESCRIPTION OF SERVICES:
Radio/Public Service Announcemems
EVIDENCE THAT THE APPLICANT HAS EXPLORED POSSIBLE CO-
LOCATION SITES ON EXISTING TOWER SITES ON CITY OR PRIVATE
PROPERTY.
This is an existing tower site on City-owned property.
AS REQUESTED BY THE CITY, PLEASE SEE ATTACHMENT C AND D.
APPLICATION FEE:
$500.00 is enclosed. 0,2. - ~,2,2. ~' .~-/d ~
TERM OF LEASE:
' !998, and te_-~r'.'2natLng ~a~.~, ~ -mn~ ~..,.;~,, ....... ~ .... ; ..... c
3
7. COMPENSATION TO THE CITY:
We look forward to a long-standing, continued relationship with the City of Bremerton.
If there are any questions as to our application, please do not hesitate to call.
~~~ Fr~l~Isen, President
FO:lm
cci
Paula Johnston
Enclosures
4
tR. IITED STATES OF A~iERICA
FEDEK~,T, CO~K.t~TCATIONS COM~I$SION
D;A~HINGTON, D.C. 20554
lt~/,U; 4"17.'3 [A
~ CO~I~E:IT TC TP.%IIGFE~:
FROM~ KI,PY. INC.
TO: WAS}IINGTON B~.,OADCA.~T MANA~;~fRW'~ COMPA~rY, :tiC.
AM ~.;BnO U/~_t, - 9 ~ ~ I fJ '; K F DREMERTO~, WA
8,qL. 9b~to9 ~= f-
~L:hITJONAL F~[OUIFEI;FIITS FOP. ;,t~SJGNMI;IITS ONLY:
Page ' of 1
UNITED STATES OF AMERICA
FEDERAL COMMUNICATIONS COMMISSION
f~l, No; BZ-B70416AD
Call Siam KBRO
Subject to the provisions of the Communicatien3 Act o/~ 934, as amended $ ~;.. ,~q~ent Acts, TItatie~, and Commission Rules mad~ thareu~,aer, and lur~er sub, eot to conditi~$
~e', fC~,I~ in Irfl$ licensa,~ the LICENSEE
EVEREST BROADCASTING CORPORATION
Time FEBRUARY i, 199[ in acco'danc~ wi~ the following:
I. Stal~localion: Bremerton, Washington
4. Tronsmitle~ I~Jtior~:
3. Remote control location.,
Forest Ridge Park ~h~a~it~,: 47.
Burwell and Lafayette Ave., S. wes~10~itu~: 122.
Bremerton, WA
2817 Wheaton Way
Bremertou, Washington
33 . 52..
39, 26.
5. TransmltteflsI: Typ~ Accepted. (Se~ ~ctlons ?3.1660, 73,1665 and 73.1670 aflhe C~'nmission's R.AeS.)
6. Anteneaancigloun~s¥5:ern: Vertical, tapered, self-supporting,
in height (47.24 m Overak~). Theoretica[ Efficient7
comsiscs of 120 equally spaced, buried copper raGiaJ, s 50.29 m in
and extended from copper straps surrounding hurled water tanks.
7. O~uclmfl ~i~ afl~ [Igflti~ 5p~i~calJo~-- FCC form 715, ~rag~lphs: ~o~e required.
1490
8. F~uen~ (~H~.):
9. Nominator t~W): .. [. 0 .. Day
series-excited, steel ~adiator 45.72 m
~s 300.95 mV/m/Kw ~ I km. Ground systen
length radials terminated
Anllnna input po~q~ (kW):
.. 1.,0 Day 6.2 26.4
['~ ~ID~-QhtCt~0P, al ilW~tttl~: f.:Jlf~n'l Im~r~s; ~eS~nC~ ,, ~mt.
~ Piratical antenna : cufrenL am~res; res:s~e,., ~ms,
1.0
H~rsota~ratiomSpecifi~dinconstructmn~rm~tiBP-12852)
Llcensee shall accept such ~ncerference as may be imposed by other existing 250
watt Class IV stations in the event they are subsequently authorized to
increase power to 1000 watts.
FEDERAL
COMMUNICATIONS
aj S COMMISSION
I eK'r "D"