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HomeMy WebLinkAbout06/04/97 AGENDABREMERTON CITY COUNCIL 239 4TH STREET BREMERTON, WA 98337 CITY COIIRCIL AGENDA JUNE 4, 1997 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 - May 21, 1997 #AB97-117 3. CLAIMS/CHECK REGISTERS 4. COUNCIL MEMBER REPORTS 5. MAYOR'S REPORT 6. PUBLIC RECOGNITION -- (Comments Limited to 3 Minutes) NEW BUSINESS A. Budget Adjustment to Add One Temporary Laborer For A Three Month Period/Transportation Division B. Budget Adjustment For City Parking Garage Improvements Ce Bid Award To Coating Applicators Inc. - 1997 Reservoir Rehabilitation Purchase Of Haddon School Property At N. Lafayette And 15TH Streets Contract For Asbestos Inspections Of City Structures On C Thru H Streets East Of Oyster Bay Avenue #AB97-118 / ~ #AB97-119 /5 #AB97-120 /~ #AB97-121 23 AGENDA BILL ']5REMERTON CITY COUNCIL 1. SUBJECT':~ MINUTES - PLAY 21, 1997 FOR AGENDA OF: 3UNE 4, 1997 ORIGINATING DEPT: City Council ORIGINATOR: David Farr~ President DATE SUBMITTED: 5~28-97 2. ~J~i~~: (comment on back if necessary) ENDORSEMENT INFORM_AT I ON MAYOR APPROVED BY COUNCIL RRESIDEN~ FOR SUBMITTAL: -- \ ~ -~ COUNCXL PRESXDENT '~'~V ~ 4. SIIM24ARY STATEMENT AND REOUIREME~ FOR COI~CIL ACTION: 8. RECOMMENDATION: 9. ,RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: .EXPIRATION DATE: REVIEW DATE: PULLED TABLED COUNCIL DIRECTIVE: 10. NOTICE OF ACTION APPROVED DISAPPROVED · DATE: 11. AGENDA BI~.~. NO: r-1'7-1'17 TAPE #1465 UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES MAY 21~ 1997 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, May 21, 1997, at 5:30 P.M., with Council Vice President Richard Neville presiding. Council members present were Bob Winters, Carlos Montgomery, Lon Overson, John Law, Cecil McConnell, and A1 Colvin. Council President David Farr and Council member Sherril Huff-Menees were absent. Also present were City Attorney Ian Sievers and Deputy City Clerk Paula Johnston. The meeting opened with the Pledge of Allegiance led by Council Vice President Neville and Invocation given by Reverend Gordon Hanstad of Sylvan Way Baptist Church. CONSENT AGENDA None CLAIMS/CHECK REGISTERS Vouchers audited and certified by the auditing officer as required by RCW 42.24.080, and those expense reimbursement claims certified as required by RCW 42.24.090, have been recorded on a listing that had been made available to the Council. #0025 M/S/C/U(Colvin/Montgomery) on May 21, 1997, the Council does approve for payment those vouchers included and further described as follows: 209010, EFT4251, 209033 through 209193 in the amount of $273,411.76; and Regular Payroll for the period ending May 15, 1997, in the amount of $736,979.59. COUNCIL MEMBER REPORTS Mr. Colvln thanked those involved with the Armed Forces Day Parade. He recently toured the Kitsap County Historical Museum and believes it will be a great attraction for the City of Bremerton. He congratulated Sylvan Way Baptist Church on their 50th Anniversary and extended a special "Welcome" to the new minister of the Sinclair Missionary Baptist church. Mr. McConnell reported he received several telephone calls from residents expressing their concern that sidewalks are being eliminated along Sylvan Way. He assured the public that the sidewalks will be enhanced over present sidewalk conditions. Mr. Law expressed his appreciation of those attending his District #3 Neighborhood Meeting on May 20. The next District #3 Neighborhood Meeting will be held June 24 and he anticipates having the data relating to the final location of the Manette Bridge replacement. TAPE #1465 City Council Reg. Mtg. Minutes May 21, 1997 Page 2 of 10 Mr. Overson stated he was pleased to learn that the Doctors' Clinic Administration office would be moving to the downtown area. He complimented City staff members Ron Hough and Kay Wilson for their involvement in the development of the Harrison Neighborhood Plan. Mr. Montqomery reported on May 15 he attended the memorial service for fallen Police Officers held at Evergreen Park, and later that day he attended the Public Works & Utilities' Open House at the Public Works facility on Oyster Bay Road. He enjoyed the Armed Forces Day Parade on May 17, and was impressed with the large turn out of parade entrants and the sunny weather. He also attended a candle lighting ceremony at noon on May 20 in remembrance of Memorial Day. Mr. Winters reported the Ad Hoc Telecommunications Committee will meet again on May 27, 6:30 P.M., in the Council Conference Room. He commended all of the Committee members for their participation in the committee meetings held to develop an ordinance addressing the issue of telecommunications in the City of Bremerton. On Friday he attended a Downtown Seattle Business Association luncheon meeting that drew 800 attendees. He too enjoyed the Armed Forces Day Parade. He and his son are looking forward to a cruise aboard the USS Nimitz on May 24. Mr. Neville thanked everyone involved in putting on the Armed Forces Day Parade and those who attended and enjoyed the parade, which he felt was the best ever. MAYOR'S REPORT Mayor Lynn Horton echoed the sentiments expressed by the Council regarding the Armed Forces week of activities. Mayor Horton read the following Proclamations: (1) JUNE 1-7, 1997, as MANAGEMENT WEEK, which was accepted by Dennis Cox, President of National Management Association. (2) MAY 18-24, 1997 as EMERGENCY MEDICAL SERVICES WEEK, which was accepted by Stan Plyler, Bremerton Fire Department. Merrill Wallace, Director of the Bremerton Housing Authority, announced the City of Bremerton, Bremerton Police Department, and Housing Authority are the recipients of the Pacific Regional Award For Innovative Services for the joint effort of the Westpark Criminal Trespass Program. This award was announced at the NAROW Pacific Northwest Regional Council Annual Conference, which was held in April. Clarence Nelson, Housing Development Manager, outlined the intent of the Westpark Criminal Trespass Program thereby providing a safer environment for their residents. Police Officer Steve Emm, Community Police Officer for the Bremerton TAPE #1465 city Council Reg. Mtg. Minutes May 21, 1997 Page 3 of 10 Housing Authority, briefly explained how the trespass program has been able to keep non-Westpark residents, who commit crimes or became disorderly, out of Westpark. To date, over 120 trespass warnings have been issued, and very few of those receiving the warnings have returned; however, those that have returned have been arrested for violating the policy. He has served as a Police officer for 17 years and served on various boards, i.e. Crime Prevention and Crime Stoppers where policies were developed, but he has never seen anything so cooperative within his career than as a Police Officer working with the Housing Authority and the other governmental agencies involved in administering the policies under this program. Mr. Wallace officially presented Mayor Horton and Police Chief Paul Du Frensne the above noted award. Mayor Horton accepted the award and noted something that makes this award more special is the fact that a few years ago the City's relationship with the Bremerton Housing Authority was in need of some resuscitation. Initially, the City had a contract with the Housing Authority for police services that was lost to Kitsap County Sheriff's Department, and then eventually regained. Both she and Police Chief Du Frense felt it was important to regain that contract, and to handle it more in line with what the Housing Authority wished to accomplish. She thanked everyone involved with making that relationship what it is today. Police Chief Du Fresne echoed Mayor Horton's comments, and sees it as the power of community policing and problem solving on the part of Police officers, the community, and other governmental entities. This is just one example of one of the areas being focused upon to solve problems and working collectively with the community. PUBLIC RECOGNITION Reverend Cleveland Williams, Ebenezer A.M.E. Church, expressed appreciation to 500+ individuals, who attended the first annual Armed Forces Gospel Concert held at the Bremerton High School Performing Arts Theatre on May 18. Roy McInnis, Bremerton resident, announced the Sinclair Missionary Baptist church is putting together a special celebration honoring their Pastor, Reverend Earl E. Echols, which will include a Souvenir Booklet comprised of local advertisement. Anyone wishing to advertise in the booklet can contact Mr. McInnis at 373-3170 (Church Office) or 377-9217 (residence). Carol Atkinson, Bremerton Main Street Association, announced the next opportunity for installing bricks and granite blocks on the boardwalk will hopefully be the week of May 26, weather permitting. Planning is underway for the summer Concerts on the Dock. Soon she will be making some announcements about the upcoming Blackberry Festival scheduled for Labor Day weekend. She congratulated the Bremerton Area Chamber Of Commerce for the great job they did on TAPE #1465 City Council Reg. Mtg. Minutes May 21, 1997 Page 4 of 10 the Armed forces Festival. 7A - POLICY APPROVING EMPLOYER CONTRIBUTIONS FOR COUNCIL MEMBER PERS SERVICE CREDITt ~AB97-106 As elected officials, Council members have the option of participating in the Public Employees Retirement System. Members may elect to join for their current term by paying past employee contributions, plus interest, with the City paying the employer's contributions. Council members may also elect to establish membership and service credit from the beginning of any previous term served. The employer's contribution for these previous terms may be paid by the City. To date, the Council has not exercised its discretion on paying the employer's contribution for prior terms. The motion approves city payment for years of service prior to the current term of office and directs the Council President to approve a written policy to this affect. Ian sievers, City Attorney, stated, as expressed by several Council members, there has been some confusion on this topic in the past. The documentation provided in the Agenda packet included a copy of the Washington Administrative Code that sets out the procedures and requirements for Council's participation in the retirement system. The City Council has a discretionary decision to make, and he proposed that it be a uniformed policy from this point forward rather than making it an individual decision as each individual applies for a retirement system membership. Public comment - none. Mr. Winters asked why this issue was not brought to the City council's attention in the past? Mr. Sievers stated it may have been in part due to some miscommunication by the Personnel Department during new Council members' orientation. The Council's salary level is right at the edge of qualification and in fact qualifies as the minimum amount of salary to join the retirement system. Mr. Winters asked who was responsible for letting Council know they had the option to enroll in the retirement system? Mayor Horton stated she was not sure who was responsible; however from the time she became a city Council member it was her impression that Council members were not eligible. She noted Jim Meith, Human Resources Manager, did look into the matter and confirmed that Council members would be eligible. Mr. Winters questioned if it was a Human Resources responsiblity 16 years ago? Mayor Horton stated yes. Mr. Winters pointed out this proposal could have a financial impact on the City's budget covering back payments for current and past Council members. Mayor Horton stated she did not know if it would apply to past Council members, who were no longer seated. If all of the current Council members signed up for the retirement plan, there may be the option to break it up into two segments: (1) TAPE #1465 City Council Reg. Mtg. Minutes May 21, 1997 Page 5 of 10 to utilize funds out of the 1997 to cover the Council seats that would be up for re-election or election in 1997; (2) to utilize the 1998 budget to cover such costs for the remaining Council member seats. Mr. Overson complimented Mr. Sievers, Mr. Meith and Mayor Horton for addressing this issue and supports what is being proposed. However, he does not intend, at this point, to take advantage of the opportunity to participate in the retirement plan. Mr. McConnell asked if this proposal is approved, would it become automatic for people coming onto the Council or would someone have the option to not participate? Mr. Sievers emphasized nothing is automatic, and a Council member would have to apply for membership. Any Council member who elects to enroll would be responsible for their share, and the City would be obligated to pay the employer's share. Once this policy decision is made, the employer will also pick up any previous terms that is made after the first term. Mr. McConnell asked if money paid into the retirement system by a Council member that served only one term, would be refundable to the individual. Mr. Sievers stated he believed standard PERS rules apply as for a regular employee, i.e. the employee's contribution would be refunded plus any interest earned because not enough years were vested in the system. Mayor Horton pointed out if someone was a prior PERS member and drew their funds out, they would have an opportunity to payback those past funds and reinstate that requirement credit. Mr. Montqomery asked if anyone has calculated the amount needed to pay into the retirement fund on a $6,000 salary? Mr. Sievers stated he did not have an exact figure; however Mr. Colvin's enrollment into the PERS system was used as an example in the Agenda Packet data. Mr. Winters asked why is it the responsiblity of Councilman Colvin to come up with an amount of money that he could have opted to pay at little increments throughout the years, since 1986, rather than to pay in excess of $5,000 all at once? He asked Mayor Horton if she planned to enroll in PERS? Mayor Horton stated she may take the option since she is a PERS I employee, from past employment with several State agencies. Mr. Winters stated again, that he felt it was unfair for them to have to retroactively find the funds. He believes the City should be responsible for the entire amount due to the lack of communication from the Human Resources Department. Mr. Overson clarified that Council is being asked to address the policy this evening, not the direct expenditure of funds at this point. Mayor Horton stated Mr. Colvin and Mr. Overson would be the two Council members most affected by this policy, since they have served on City Council the longest. She further stated if all nine members and herself chose to join the #1622 TAPE #1465 City Council Reg. Mtg. Minutes May 21, 1997 Page 6 of 10 system, it would cost the City approximately $30,000. Mr. Colvin and Mr. Overson would be on the high end, about $5,000 each, and it would go down from there. She reiterated that this amount would probably be split over two fiscal years. Mr. Overson pointed out that WAC has defined that previous payments by the employee are the employee's responsibility. M/S/C/U(Montgomery/0vers0n) to approve City payment of employer's contribution and interest required for Council members to establish PERS membership and service credit for all years in office, and direct a written policy be executed to that affect. 7B - BUDGET ADJUSTMENT ANDCONTRACTAMENDMENTS FOR STATE PERF GRANT TO PREPARE DESIGN GUIDELINES FOR CHARLESTON COMMUNITY PLAN, #AB97- The City has a PERF Grant from the State Department of Community, Trade, and Economic Development (CTED) to produce the Charleston Community Plan. The draft Plan recommends that Design Guidelines be developed for the business district. CTED is now offering the city an additional $10,000 to prepare draft Design Guidelines. The work products must by completed by June 30, 1997. The consulting firms of Kato and Warren, with Hewitt Isley, are already under contract to produce the Environmental Impact Statement, a brochure, and a videotape for the Charleston Plan. These firms have agreed to sign a contract amendment committing them to develop the required work products within the contract deadline. To accept this grant extension, the city Council needs to approve an amendment to the City's PERF Grant contract. Don Pratt, Community Development Director, stated it was an honor to be offered this $10,000 from the State, which would bring the total of State funds to $50,000. That money was matched with $37,000 of local funds to continue work in the Charleston District. Public comment - none. Mr. Montqomer¥ commented that anytime the State wants to offer the City money, we should take it! He also complimented Mr. Hough and Mrs. Wilson for their fine work. Mr. Overson questioned if the Department may be taking on too much at once? Mr. Pratt reassured Council that most of the work would be done by the consultant, and the work by the staff was all preliminary. Mr. Winters asked if the development of this plan is similar to what Council heard previously? Mr. Pratt stated he was not at the #1920 TAPE #1465 City Council Reg. Mtg. Minutes May 21, 1997 Page 7 of 10 Study Session, but what Council saw was a land use plan and a plan for public improvements, with pictures of what rehabilitated buildings could look like. What is in place now is the zoning for the land uses, and a little bit of design for streets and sidewalks. What they do not have is the legal work or a mechanism in place to show a developer how they want the street to look on the private side of the property. All of these items will be brought to Council later in the year. M/S/C/U(Montgomery/Overson) to approve Budget Adjustment Request No. 97-13, and authorize the Mayor to sign the second contract amendment to the City's PERF Grant contract as submitted. The Mayor is also authorized to sign the necessary contract amendment with the consulting firm that will do the work. 8A - ORDINANCE NO. 4595 (SECOND READING) APPROVING THE ZONING MAP AMENDMENT "WEST HILLS PUD", #AB97-105 Matt Mathes, Land Use Specialist, presented the three maps requested at previous hearing from Councilman Overson, and provided some background. He pointed out that this was the first time a percentage formula was used to describe a PUD and zoning map, and if successful on this project, it would be considered for other PUD's. If approved tonight, the proposed Zoning Map would become effective July 1, 1997. Public comment - none. Mr. McConnell questioned if the amended Zoning Map Amendment will specify exact location of the SF-2 zone and the other zones? Mr. Mathes stated yes. In addition, it is anticipated that the developer will come back and ask for approval of the remainder of the westerly portion of the site. Mr. Colvin stated this is a substantial investment in this area, which he appreciates, and he would like to see it continue. Mr. Overson thanked Mr. Mathes for his rapid response, and asked if the map shown could be used for the zoning map. Mr. Mathes stated yes. Mr. Montqomer¥ commented if other people with PUD's would do their homework like what was done for this project, it would make everyone's job a whole lot easier. He said this was a shining example of how it should be done. Mr. Winters stated this project didn't happen overnight, and hoped a "manual" was created so that other developers could use it as an example for future projects. #2273 TAPE #1465 city Council Reg. Mtg. Minutes May 21, 1997 Page 8 of 10 M/S/C/U(Montgomery/Colvin) to pass Ordinance No. 4595, on second reading, approving the Zoning Map Amendment for West Hills, subject to the conditions contained therein. 9A - PUBLIC HEARING ON RESOLUTION ~2600, SURPLUS/SALE OF CITY OWNED PROPERTY AROUND RESERVOIR ~4~ AB97-107 A local developer has contacted the City and requested that a parcel of property ("City Property" on Exhibit 1) be sold to him to allow access for his proposed construction. The affected property has been determined to be surplus to the City's needs. As payment for the property, he proposes to trade a triangular shaped parcel ("Haselwood Property" on Exhibit 1) to the City. The estimated value of the City Property is $11,466 based on adjacent assessed property values. The triangular parcel has been determined to be a location for construction of the corrosion control facility or access road which is currently in predesign. City Council is asked to approve surplus of the identified City Property and a negotiated sale with Haselwood based on BMC 2.78.030(e) (2) in that "When a potential purchaser offers property in exchange for City property which may enhance other City property or promote the needs of the City, Council may declare the subject property surplus, and direct a negotiated sale subject to final approval by Council". Tim Richard, Senior Engineer, briefly reviewed the data in the summary statement. Mr. Haselwood would like to use the City owned property as an access by construction of a street extension of Jones Street to a site to be developed by Mr. Haselwood. The City evaluated the subject site to determine the use to the City, which revealed it contained a 24-inch water main. If Council approves this proposal, the City would retain an easement for that water main. No other use was determined other than the easement requirement. The area of the subject site is .75 acre. Also identified was a Puget Sound Energy easement across that parcel, which would also remain in place. The transaction to purchase the City owned property would involve a trade for property owned by Mr. Haselwood. The City has determined the need for development of a roadway through the reservoir property to service the Corrosion Control facility. Such an access would allow trucks hauling chemicals to the Ceresin Control facility to travel across the site and not have to turn around. With the placement of the Corrosion Control facility near the reservoir it would displace some gravel stock piles used for emergency purposes. Acquiring this property would allow access to the site and allow the use of the site for any future expansion or work that needs to be performed at the site. This site was once owned by the city prior to its acquisition by Mr. Haselwood. When Mr. Haselwood inspected the site he found where construction debris had been deposited, which could be traced back to the City Street #2818 TAPE #1465 City Council Reg. Mtg. Minutes May 21, 1997 Page 9 of 10 Department. This issue has been discussed with the Street Department maintenance crew and verified that the City was responsible for the deposit of debris at that site. The Geotechnical Report developed by Mr. Haselwood confirms the content, which is consistent with the report back from the Street Department and makes the south portion of that site not easily developable for a building, but would be suitable for a lay down yard or storage of stock piles for emergency materials or other uses. Public comment - none. Mr. M¢Connell asked if the trade of properties did not take place, did the City still have a site for the Corrosion Control facility? Mr. Richard stated yes; however, there is a 50 ft. power easement across the bottom of the site that cannot have any above ground structures. Mr. M¢Connell stated when this item was presented to the Fiscal and Budget committee it appeared the proposal was an even trade; however, the resolution identifies the City's property would be partial consideration for the purchase of the larger site; and under Item 3 it states the purchase and sale agreement of the two parcels will be at fair market values. Mr. Richard explained the language in the resolution is based on the negotiated sale procedure identified in the Bremerton Municipal Code. Mr. M¢connell stated his interpretation left him feeling that there would be more cost for the City, but was not specifically stated. Mr. Richard stated the intent was to effect a cross trade. Sievers, City Attorney, stated he did not assume that a "gift" would be included since the appraisals have been prepared and current enough to be relied upon by the City under the Surplusing Ordinance and apparently there will be a donation or gift of the excess value by Mr. Haselwood to the City. He suggested striking the word "partial" from the first WHEREAS. He also recommended changing Item 3 to read "The Mayor is authorized to execute a purchase and sale agreement for the two parcels as an in-kind exchange without additional consideration", which would strike out "at fair market values determined under 2.78.030(a)". M/S/C/U(Montgomery/Colvin) to adopt Resolution #2600, declaring a portion of the Reservoir 4 site surplus to City needs and approving a negotiated exchange for property better suited to the Utility's needs; including the above changes recommended by the City Attorney Vice President Neville thanked the TV camera crew for their services: Rob Rupe, Patricia Mathes, and James Nobel, Jr. TAPE #1465 City Council Reg. Mtg. Minutes May 21, 1997 Page 10 of 10 With no further business meeting adjourned at 6:55 P.M. PAULA JOHNSTON, Deputy City Clerk RICHARD NEVILLE, Council Vice President City of Bremerton PJ/RN/me cc: Normal Distribution File/Vault AGENDA BILL BREMERTON CITY COUNCIL SUBJECT: BUDGET ADJUSTMENT TO ADD ONE TEMPORARY LABORER FOR A THREE MONTH PERIOD FOR AGENDA OF: ORIGINATING DEPT: ORIGINATOR: DATE SUBMITTED: 04 June 1997 Public Works & Utilities Jim Orton, Transportation Manager 19 May 1997 CLEARANCES: (Comment · 'f n D~!rector, PW & Utils r ~ty Treasure City Attomey · Operations Comm 3 EXHIBITS: Budget Adjustment Request ENDORSEMENT/~' INFORMA/TI~I MAYOR~'-- 'X~. ~ ri APPROVED BY COUNCIL PRESIDENT FQR~SUB.M. ITTAL; COUNCIL PRESIDENT . ~ SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: Requests council approval for budget adjustment for Transportation Division. Adjustment to add one temporary laborer for a three month pedod. Dudng the summer months, it is projected that Transportation Division will have an increase in work load due to work load increases in other departments. Hidng a temporary laborer to accomplish some of the more menial jobs would free the the technicians to help keep up with the increased work load. The cost of this temporary laborer is $5000.00 for the three month pedod. (Continuation on Page 2) RECOMMENDATION: Approval of requested Budget Adjustment. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: Director of Public Works and Utilities Transportation Manaqer 10. NOTICE OF ACTION PULLED i'1 TABLED i] APPROVED [] DISAPPROVED !'1 AMENDED COUNCIL DIRECTIVE: 11. AGENDA BILL NO.: CLEARANCE COMMENTS: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION - Continuation o IMPACT ON NON-PASSAGE: Work backlog will increase resulting in more overtime expenditures. IMPACT ON STAFFING~ BUDGETS~ FAClLITIES~ EQUIPMENT AND OTHER RESOURCES: There will be less backlog resulting in more availability of equipment to users. Less overtime costs. Technicians concentrate more on getting vehicles and equipment repaired and back to the operators, if we have someone to complete other tasks related to garage/repair operations. 8. RESEARCH SOURCES: Requesting Department: ';ITY OF BREMERTON BUDGET ADJUSTMENT REQUEST MISC. NON-DEPARTMENTAL 001-73 NO. 97-10 SOURCE OFFUNDS: INCREASE: VEHICLE REPAIR REV. Amount 5,000 I~NDS: INCREASE: PERSONNEL - EXTRA HELP Amount 5,000 NARRATIVE: This ad,~ustmmt will provide expend±t:u~e authority to add a seasonal employee at Fleet Maintenance through the summer construction season. Necessary money will be generated tt~ greater than anticipated vehicle repair revenues. Department Head Signature Treasurer Comments: Date Date ~::~ecommended ~ Mayor Comments: Not Recommended Date ,~ Recommended ~ ~-~ Approved [-~ Not Recommended Denied Fiscal & Budget Committee Comments: Mdy'or's Signature ~"Recommended Approved Not Recommended Denied Fiscal & Budget Cord~F~ittee Signature Date AGENDA BILL BREMERTON CITY COUNCIL SUBJECT: Budget Adjustment for City Parking Garage Improvements FOR AGENDA OF: 06/04/97 ORIGINATING DEPT: Admin Services ~] ORIGINATOR: Paula Johnston DATE SUBMITTED: 05/29/97 CLEARANCES: Admin Serv Dir Treasurer Public Works Fiscal/Budget Operations (comment on back 3. if necessary) EXHIBITS: Budget Adjustment Request COUNCIL PRESIDENT~ ~ 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The City parking garage located at 4th and Washington is in need of minor repairs and maintenance. Improved lighting, paintin~ new signage and safety treads in pedestrian areas are the elements of repair and maintenance that we are planning to complete. General Facilities will be responsible for completion of this work. These improvements will enhance the safety and appearance throughout the garage thereby increasing its marketability and occupancy rate. It is requested that City Council authorize a budget adjustment for $27,000 from the Parking System Fund to pay for these ma~tenance items. 8. RECOMMENDATION: Motion to approve Budget Adjustment Request 97-14 to fund City Parking Garage improvements. RESPONSIBLE OFFICIAL: Admin Serv ENFORCEMENT OFFICIAL: Admin Serv EXPIRATION DATE: REVIEW DATE: PULLED TABLED COUNCIL DIRECTIVE: 10. APPROVED DATE: NOTICE OF ACTION DISAPPROVED /5 , CLEARANCE COMMENTS (cont.): 4. SUMMARY STATEMENT (cont.): IMPACT ON NON-PASSAGE: Parking Garage will continue to deteriorate. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES Parking System Fund has a projected surplus for 1997 to cover this expenditure. 7. RESEARCH SOURCES: Requesting Department: CITY OF BREMERTON BUDGET ADJUSTMENT REQUEST PARKING SYSTEM REVENUE NO. 97-14 SOURCE OF FUNDS: INCREASE: BEGINNING CASH PARKING REVENUE Amount 25,000 2.000 27,000 USE OF FUNDS: Description INCREASE: IMPROVEMENTS TO PARKING GARAGE Amount 27,000 NARRATIVE: This adjustment will authorize expenditures for improvements to the elevator, lighting and other elements of the City's parking garage at Fourth and Washington. It is anticipated that these improvements will enhance the structure making it more marketable and thereby increasing parking revenue. Department Head Signature Treasurer Comments: Date DireCtOr Signature Date Recommended Not Recommended Mayor Comments: Treasurer's Signature Recommended ~ Not Recommended ~~offsSig~natu~re ¢~ Approved ~ Denied Date Fiscal & Budget Committee Comments: ~' Recommended ~ Not Recommended ~-~ Approved ~ Denied ~./~.~~. ~.~.~_~'/~/-2~//-//"'/¢'~ Fiscal & Budget Committee Signature Date SUMMARY OF ESTIMATED COSTS FOR PARKING GARAGE REHABILITION ESTIMATED MATERIALS COST ......................... $2,327. ESTIMATED LABOR COSTS @$30.00/HR ......... 9,210. $11,537. ELEVATOR OVERLOAD PROTECTION (SOUND ELEVATOR) LIGHTING IMPROVEMENTS CONTINGENCY TOTAL 3,135. 9,500. 2,500. $ 26,672. AGENDA BILL - BREMERTON CITY COUNCIL 1. SUBJECT: 1997 RESERVOIR FOR AGENDA OF: June 4, 1997 REHABILITATION - BID AWARD ORIGINATING DEPT: Public Works__,,& Utils ORIGINATOR: R. Witt, City En~~ DATE SUBMITTED: May 21, 1997 Purckasing ,~ sor ations Committee 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: Bids were opened for the 1997 Reservoir Rehabilitation project on May 20, 1997. Five bids for this project were received. The low bid was $91,344.50 from Coating Applicators Inc. The engineer's estimate for this project was $134,160. This project involves cleaning and recoating Reservoirs #10, #15, #16, #18 and the Pon of Bremerton Reservoir. The action before the City Council is approval of a contract with Coating Applicators Inc. for the 1997 Reservoir Rehabilitation Project. 5. RECOMMENDATION: The City Council approve a contract for $91,344.50 with Coating Applicators Inc. for 1997 Reservoir Rehabilitation and authorize the Mayor to execute the same. 9. RESPONSIBLE OFFICIAL: Director Pub Wks & Util ENFORCEMENT OFFICIAL: Director Pub Wks & Util EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED [1 TABLED [l APPROVED Il DISAPPROVED [l AMENDED [l COUNCIL DIRECTIVE: /? (OVER) 11. AGENDA BILL NO.: 2. CLEARANCE COMMENTS: 3. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION - Continuation e IMPACT ON NON-PASSAGE: Weathering will continue to degrade the service life of the reservoir tanks. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT AND OTHER RESOURCES: Staffing: 200 staff hours for construction administration and inspection. Budget: This project is included in the 1997 budget as part of the 1997 Water Utility Expenditures and sufficient funds exist to do this work. An expenditure from Water Resources Operations of $91,344.50 is necessary. $20,322.80 plus a portion of the total project administrative costs will be reimbursed by the Port of Bremerton as part of the interlocal agreement. Facilities/Equipment: No impact. 8. RESEARCH SOURCES: R09 OSTRICH OF... PUCET SOU. VD .¥AVAL SHIPTARD ~'I.¥CLAII~ LVL£'T D UOS/ VICINITY MAP BID TITLE: /9c?7 oe,=.,=o: CITY OF BREMERTON BID TABULATION f TIME OPENED: OPENED BY _,./"'~~ - RECORDED BY~~.~,-.--------- BIDDER I eC-C'D I ITEM 1 SUMMARY $ TOTAL BID ITEM 2 ITEM 3 ITEM 4 ITEM 5 NET BID .7t.~'~ O O o ~21~ oo o lq,, Xoo :z ~, ~oo /9,/o o 7oo COMMENTS I1~ooo ~o~,0o0 TAX TOTAL · /:~ 32.3 g. oo 1. SUBJECT: Purchase of Haddon school property at N. Lafayette and 15th streets AGENDA BILL - BREMERTON CITY COUNCIL FOR AGENDA OF: ",~',-,,, e ql ( ORIGINATING DEPT: Parks ORIGINATOR: I. Sievers, City Attorn DATE SUBMITTED: May 27, 1997 2. CLEARANCES.' (Comment on back if necessary) 3. EXHIBITS: -Vicinity Map -Real Estate Purchase and Sale Agreement -Appraisal on file in council office -Environmental Assessment on file in council office Stuqty Session April 30, 1997 COUNCIL COMMITTEE ENDORSEMENT~INFORMATION [] MAYOR(~ '~' ~ APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: ._ 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The Bremerton School District has agreed to surplus the 3.7 acre site at the northwest comer of N. Lafayette Ave. and 15th St. to the city for future park development. The purchase price proposed is $154,000 based on a December 1996 appraisal. The price reflects the "as is" condition of the site, and is discounted for fill placed on the southeastern portion of the site prior to 1941. A phase I and limited phase II for the site is on file in the council office. 8. RECOMMENDATION: Motion approving purchase agreement for Haddon School site. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED [] TABLED [] APPROVED [] DISAPPROVED [] AMENDED [] DATE: COUNCIL DIRECTIVE: 11. AGENDA BILL NO.: 2. CLEARANCE COMMENTS: -- 5. IMPACT OF NON-PASSAGE: Purchase and development of this property into a much needed park for this neighborhood will not be possible. 6. IMPACT ON STAFFING. BUDGETS, FACILITIES. EOUIPMENT OR OTHER RESOURCES: It was originally planned/budgeted for this property to be purchased in 1996. This action did not occur. In the 1997 Fund 109 Budget, there is $225,000.00 designated for the development of this property.. Since full development is not possible this year, $154,000.00 will be used for the purchase with the necessary development difference made up in the 1998 budget. Maintenance of this park can be absorbed within current staffing levels. 7. RESEARCH'SOURCES: REAL ESTATE PURCHASE AND SALR AGREEMENT THIS AGBi:.I~.MENT is made effective the day of ,1997, at Bremerton, Washington, by and between the Bremerton School District No. 100-C ("Seller') and the City of Bremerton ("Buyer"), who agree as follows: 1. Earnest Money Receipt: 1.1 Seller hereby acknowledges receipt of $5,000 Earnest Money from Buyer, which is nonrefundable upon mutual acceptance of this Agreement (hereinafter referred to as "Earnest Money"). The Earnest Money shall be applied toward the purchase price of the real property (hereinafter the "Property") legally described on Exhibit "A" attached hereto, situated in the City of Bremerton, State of Washington in the event this transaction closes. The Earnest Money shall be held by Land Title Insurance Company. All Earnest Money shall inure to the Seller's benefit if this transaction fails to close through no fault of the Seller, and shall inure to Buyer's benefit, and apply toward the purchase price, ff this transaction closes. 1.2 If this transaction fails to close through no fault of Seller, all nonrefundable Earnest Money described above has become nonrefundable, and the closing agent shall promptly tender the Earnest Money to Seller. 1.3 Included in the sale are all of Seller's rights to the Property, including without limitation, all of Seller's right, title, and interest to all oil and minerals rights and all subsurface rights and all surface, air rights and all other rights, licenses and interests appurtenant thereto, easements, streets, and rights-of-way and all rights of Seller relating to ingress and egress to the Property. 2. Purchase Price: Total purchase price is ONE HUNDRED FIFTY-FOUR THOUSAND AND 00/100 DOLLARS ($154,000.00), including earnest money and deposits payable in cash on the date of closing. 3. Deed: Seller agrees to deliver a good and sufficient Statutory Warranty Deed to Buyer conveying the property free and clear of all encumbrances except those allowed under Paragraph 10. 4. Breach: If Seller defaults (that is, fails to perform the acts required of it) in its contractual performance herein, Buyer may seek specific performance pursuant to the terms of this Agreement, damages or rescission. If Buyer defaults in its contractual performance herein, Seller's remedy shall be termination of this Agreement as set forth herein and receipt of the Earnest Money as liquidated damages. In the event legal action is commenced to enforce any of the terms or provisions herein, the prevailing party shall be awarded all reasonable costs and attorneys fees. j \33034 th. mah at closing. Possession: Seller shall deliver possession and use of the Property to Buyer 6. Closing: 6.1 The sale shall be closed on ., 1997. This Agreement shall close in the escrow office of Land Title Insurance Company. Buyer and Seller shall deposit with closing agent all instruments, documents and monies necessary to complete the sale in accordance with this Agreement. Seller shall purchase for Buyer at closing a standard form owner's policy of title insurance in the amount of the purchase price issued by Land Title Insurance Company. The title policy to be issued shall contain only those exceptions allowed under Paragraph 10.1 or approved under this Agreement based upon Buyer's notification to Seller as set forth under Paragraph 10.2. 6.2 "Closing agent" shall be defined as a person authorized to perform escrow services pursuant to the provisions of Chapter 18.44 of the Revised Code of Washington who is designated by the parties hereto to perform such services. 6.3 "Date of closing" shall be construed as the date upon which all appropriate documents are recorded as proceeds of this sale are available for disbursement to Seller. 7. Closing Costs: Costs for an owner's standard policy of title insurance, including any cancellation fees, and any excise tax fees, shall be paid by Seller. Recording fees shall be paid by Buyer. Escrow fees shall be borne equally between Seller and Buyer. 8. Notices: Except as modified by any above provision of this Agreement, any notice required to be given by any party to another party pursuant to the provisions of this Agreement shall be in writing and shall be deemed to have been duly given, if delivered personally, deposited in the United States Mail, postage prepaid, registered or certified, return receipt requested, or transmitted via facsimile with confirmation and addressed as follows: Seller: Bremerton School District 300 North Montgomery Bremerton, WA 98312 (360) 478-5113 telephone (360) 478-5002 facsimile Attention: Walter S. Draper Buyer: City of Bremerton j\33034rh.nmh 2 9. Reports and Documentation on Property: Upon request, Seller agrees to provide to Buyer a preliminary commitment for title insurance issued by Land Title Insurance Company, as well as any reports, studies, surveys or other documentation relating to the condition of the Property. 10. Title and Title Insurance. 10.1 Seller's title is to be free of encumbrances or defects, except rights reserved in federal patents or state deeds, existing easements not inconsistent with Buyer's intended use of the Property, those exceptions set forth under the preliminary commitment for tire insurance waived by Buyer as described herein under Paragraph 10.2, and building or zoning regulations or provisions general to the area shall not be deemed encumbrances or defects. Encumbrances to be discharged by Seller may be paid out of purchase money on the date of dosing. 10.2 Buyer shall identify any unacceptable exceptions to the preliminary commitment for tire insurance from Land Tire Insurance Company at least twenty (20) days prior to closing. If Seller is unable to or reasonably unwilling to remove the title exceptidns objected to by Buyer (encroachments shall not be deemed to be covered by this provision), Seller shall so notify Buyer ten (10) days prior to closing. If Buyer nonetheless waives this feasibility contingency, Buyer shall be deemed to have accepted title subject to the objected-to exceptions that were not agreed to be removed by Seller. 11. Utilities and Taxes: Water and other utilities constituting liens shall continue to be paid by Seller until Seller vacates the Property in accordance with Paragraph 5 above. Buyer shall be responsible for all real estate taxes due after the date of closing. In addition, if the withdrawal of the Property from exempt status triggers a requirement that the taxes due for the period from the date of closing through the end of the calendar year for 1997 (or any portion of such taxes) be paid at or shortly after closing, Buyer shall make such early payment at closing or within a reasonable period after closing. However, if the withdrawal of the Property from exempt status triggers any recapture of exempted taxes that would otherwise have been due prior to closing, Seller shall be solely responsible for any such payments. Purchaser and Seller authorize closing agent to pay at closing all utility charges that may constitute liens against the Property, recorded or unrecorded. 12. Commission: Seller represents that no real estate brokers are involved in this transaction and no real estate commission, compensation or payment relating in any manner to the procurement of this Agreement is due. Seller shall indemnify and hold Buyer harmless for any claim, demand or action for any commission, compensation or payment due and owing to said real estate brokers or any individual or entity claiming a right to a commission or compensation arising from or relating to this Agreement. 13. "AS IS": SELLER MAKES NO REPRESENTATION WHATSOEVER WITH RESPECT TO THE CONDITION OF THE PROPERTY. Buyer acknowledges it has been informed of the presence of potential hazardous substances on the Property in excess of levels allowed under State and/or Federal law, as disclosed in the Environmental Analysis j\33034rh.mah 3 report attached hereto as Exhibit B. Buyer offers to purchase the Property "AS IS" IN ITS PRESENT CONDITION AND ASSUMES ALL RISKS OF THE CONDITION OF THE PROPERTY WHETHER KNOWN OR UNKNOWN BY THE BUYER ON OR BEFORE THE CLOSING EXCEPT WARRANTY OF TITLES as set forth in this Agreement. This provision shall survive closing of this Agreement. 14. Assignment: Buyer may assign this contract only with the prior written consent of Seller, which consent shah not unreasonably withheld based upon consideration of such factors, including but not limited to, the financial strength of any proposed assignee and the appropriateness of any development of the Property proposed by such assignee. Buyer shall provide Seller with fourteen (14) days advanced written notice of any proposed assignment. 15. Sole Agreement - Modifications in Writing: There are no other verbal or written agreements which modify or affect this Agreement. Any modifications to this Agreement must be in writing, signed by Buyer and Seller. 16. Time of Essence: Time is of the essence in this Agreement. 17. Board Approval. Seller's obligation to close is contingent upon approval of the Board of Directors of the Bremerton School District. The undersigned hereby approve and accept the sale set forth in this Agreement and agree to carry out all of the terms and conditions thereof. WHEREFORE, this Agreement is made effective the date first above written. BUYER: SELLER: CITY OF BREMERTON BREMERTON SCHOOL DISTRICT NO. IO0-C By: By: Its: Address: Carol Whitehead, Superintendent Address: 300 N. Montgomery Bremerton, WA 98312 Telephone (360)478-5151 j\33034rh.mah 4 NOTARY ACKNOWLEDGEMENTS STATE OF WASHINGTON ) ) SS. COUNTY OF KITSAP ) ON THIS DAY before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared , known to me to be the individual who executed the within and foregoing instrument as of the City of Bremerton, and acknowledged that he/she signed the same as his/her free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN UNDER MY HAND and official seal this day of ,1997. [Print Name] NOTARY PUBLIC in and for the State of Washington, residing at My Commission Expires: STATE OF WASHINGTON ) COUNTY OF KITSAP ) ON THIS DAY before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Carol Whitehead, known to me to be the individual in and who executed the within and foregoing instrument as Superintendent of Bremerton School District No.100-C, and acknowledged that she signed the same as her free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN UNDER MY HAND and official seal this day of ,1997. [Print Name] NOTARY PUBLIC in and for the State of Washington, residing at My Commission Expires: \33034rh. r~h 5 EXHIBIT A LEGAL DF_.SCRIFrION: Lots 4-15, Block 4, Midway Addition to the City of Bremerton, recorded in Volume 4 of Plats, Page 70, records of Kitsap County, Washington, EXCEPT roads; and those portions of Lots 6, 7, and all of Lot 8 lying northeasterly of the County Road, Phinney 2 1/2 Acre Tracts, according to the plat thereof recorded in Volume 5 of Plats, Page 1, records of Kitsap County, Washington. j \33034 rh.mah 1. SUBJECT: Contract for asbestos inspections of City structures on C thru H Streets east of Oyster Bay Ave. AGENDA BILL -- BREMERTON CITY COUNCIL FOR AGENDA OF: ~ct~.C. q ORIGINATING DEPT: Legal ORIGINATOR: I. Sievers, City Attorne DATE SUBMITTED: May 27, 1997 2. CLEARANCES: (Comment on back if necessary) ~'Direct~,, Publ~ic Works and Utilities 3. EXHIBITS: -Proposed agreement ENDORSEMENT~ INFO/RMCTION [] APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: COUNCIL PRESIDENT .~_ ~ ~-~'~/x~ 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The City has recently completed acquisition of buffer properties north of the wastewater treatment plant east of Oyster Bay Ave. including appro,',dmately 60 residential and residential accessory structures. Many of these have no useful life and will be demolished or will be used for practice bums. Prior to either action the structures must be inspected for asbestos materials. The proposed contract with KCB, In% a certified asbestos remove.~will provide this inspection at $225 per structure. Total expenditure for the year will be approximately $14,000 under the agreement. 8. RECOMMENDATION: Motion to approve contract with KCB, Inc for asbestos inspections services. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED [] TABLED [] APPROVED [l DISAPPROVED [1 AMENDED [] DATE: COUNCIL DIRECTIVE: 11. AGENDA BILL NO.: 2. CLEARANCE COMMENTS: 5. IMPACT OF NON-PASSAGE: Structures could not lawfully be removed._ 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: 7. RESEARCH SOURCES: PROFESSIONAL SERVICES AGREEMENT KCB, Inc. THIS AGREEMENT is between the City of Bremerton, a municipal corporation (hereinafter referred to as "City") and KCB, Inc. (hereinafter referred to as "Contractor") W I T N E S S E T H: 1. SCOPE: Contractor shall inspect for asbestos in City properties located from "C" Street to "H" Street east of Oyster Bay. 2. TERM: Contract shall commence on date agreement is signed and will terminate on December 31, 1997. 3. COMPENSATION: City shall pay Contractor the sum of Two Hundred Twenty-five Dollars ($225.00), per structure, for the services provided hereunder. Contractor shall submit a monthly statement describing the services rendered with a breakdown for work completed as authorized under this Agreement. The City, upon receipt of the completed statement, shall promptly process said claim for payment. 4. RELATIONSHIP OF PARTIES: The parties understand and agree that KCB, Inc. is a firm skilled in matters pertaining to asbestos removal and inspection and will perform independent functions and responsibilities in the area of its particular field of expertise. Contractor 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, Contractor shall work under the direction of the Director of Public Works & Utilities. 5. INDUSTRIAL INSUPJ%NCE: Contractor agrees to provide for state industrial insurance coverage for its personnel as required by state law. 6. LICENSE AND TAXES: Contractor shall possess a current Bremerton Business License and any regulatory license required to fulfill Contractor obligations under this Agreement. B & O taxes shall be paid when due and Contractor by this Agreement, assigns any payments due under this Agreement to the City Clerk for payment of such taxes which have been declared delinquent. KCB.PSA - DISK 1 - 5/28/97 7. INSURANCE AND HOLD HARP~.RSS: Prior to and during the performance of the work covered by this Agreement, Contractor shall provide the Risk Manager for the City of Bremerton with evidence that it has obtained and maintains in full force and effect during the term of this Agreement a policy of professional liability insurance, providing coverage of at least $500,000..00 against professional liability for errors and omissions in connection with the work to be performed by Contractor under this Agreement. Risk Manager shall be provided thirty (30) days' written notice of any cancellation of said professional liability insurance. Contractor 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 arisen directly or indirectly out of or in consequence of the performance of this agreement. This provision shall be inapplicable to the extent such damage or injury is judicial found to be caused by the sole negligence of the City. 8. GENERAL CONDITIONS: a. Reports and Information - Contractor 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 connection therewith, and any other matters covered by this Agreement. Contractor 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 further 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 Contractor or by Contractor to the City shall be in writing and delivered to the parties at the following addresses: KCB.PSA - DISK 1 - 5/28/97 City Clerk 239 Fourth St. Bremerton, WA 98337 KCB, Inc. P.O. Box 220 Seabeck, WA 98380 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 a waiver of any other breach. f. Compliance with State, Local and Federal Laws - Contractor agrees to comply with all applicable local, state and federal laws in performance of all 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: Contractor shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status or disability, except 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 Contractor 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. KCB, INC. Date: BY: Jeanie F. Taylor, Vice President CITY OF BREMERTON KCB.PSA - DISK 1 - 5/28/97 Date' DEPARTMENTAL APPROVAL: ~-O~W. Eugene Sampley, Director of Public Works & Utilities APPROVED_ AS TO FORM:_ BY: Lynn S. Horton, Mayor Ian R. Sievers, City Attorney RECEIVEI~ FOR FILING: KAT'I~ L. ~eCLUSKEY, CITY cLEI~K ~CB.PSA - ~K 1 - 5/~/97