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10/01/97 AGENDA
BREMERTON CITY COUNCIL 239 4TH STREET BREMERTON, WA 98337 CITY COUNCIL AGENDA OCTOBER 1 1997 CITY COUNCIL STUDY SESSION: 5:00 - 5:30 P.M. A. General Council Business CAJ~L 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 - September 24, 1997 #AB97-216 CI2~IMS/CHECK REGISTERS 5. COUNCIL MEMBER REPORTS 6. MAYOR'S REPORT 7. PUBLIC RECOGNITION -- (Comments Limited to 3 Minutes) NEW BUSINESS ae Reappointment Of Edward Baker And Clyde Osborn To The Disability Action Committee B. Appointment of Councilman Carlos Montgomery To WSDOT Local Improvement Committee Contract Extension For KCB For Asbestos Removal - Phase II, Oyster Bay Acquisition Property (22+ Structures) #AB97-217 3 #AB97-218 7 #AB97-219 ~ D. Contract Award For Litigation Counsel: Jean Schiedler Brown - Personnel/Labor/ Civil Rights/Torts; C&sey and Pruzan - Contract/Land Use/Torts Ogden Murphy Wallace - Civil rights/Land use Bill Burns - Insurance Eims and Flynn - Workers' Compensation Carney Badley Smith & Spellman - Environmental #AB97-220 ([ ORDINANCES A. Ordinance #4609(Second Reading) Amending Legislative and Administrative Controls On The Budget Ordinance #4610 (Second Reading) Setting Policy for Disposal Of Personal Property Of The City #AB97-214 ~ #AB97-215 ~ AGENDA BILL ~BREMERTON CITY COUNCIL 1. SUBJECT': MINUTES - SEPTEMBER 24, 1997 FOR AGENDA OF: 1~1-97 ORIGINATING DEPT:City Council ORIGINATOR: David Fart, President DATE SUBMITTED: 2. ~JS~_~_~: (comment on back if necessary) NOTE: MINUTES WILL BE DISTRIBUTED UNDER SEPARATE COVER ENDORSE/WENT INFOR24AT!ON MAYOR __ APPROVED BY COUNCIL ~~R~ P SID ~E~T~ R SUBMITTAL: COUNCIL PRESIDENT __ _ 4. SUM/4ARY STATEMENT AND REOUIREMENT FOR COUNCIL ACTION: 8. RECOMMENDATION: 9. RESPONSIBLE OFFICIAL: ENFOR~ OFFIC/AL: -EXPIRATION DATE: REVIEW DATE: PUT.LED TABLED COUNCIL DIRECTIVE: 10. NOTICE OF ACTIQ~ APPROVED DISAPPROVED .DATE: 2. ~LEARANCE COM/4ENTS:. _.~ ~ ..'-~.TMPACTON NON-PASSAGE: .STAFFING. BUDGETS, FACILITIES, EOUIPMENT OR OTHER RESOURCES: TAPE #1495 UNAPPROVED DRAFT CITY COUNCIL ~EETING MINUTES SEPTENBER 24, 1997 #0024 #0041 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, September 24, 1997, at 5:30 P.M., with Council President David Farr presiding. Council members present were Bob Winters, Carlos Montgomery, Sherril Huff-Menees, Richard Neville, Lon Overson, John Law, Cecil McConnell, and A1 Colvin. Also present were City Attorney Ian Sievers and Deputy City Clerk Paula Johnston. The meeting opened with the Pledge of Allegiance led by Council President Farr and Invocation given by Reverend Jess Bracy of Abundant Life Foursquare Church. CONSENT AGENDA A. Minutes of Meeting -- September 10, 1997 #AB97-212 B. Minutes of Meeting -- September 17, 1997 #AB97-213 M/S/C/U(Neville/Montgomery) 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. M/S/C/U(Colvin/Montgomery) on September 24, 1997, the Council does approve for payment those vouchers included and further described as follows: 212852 through 213031 in the amount of $338,908.76. COUNCIL MEMBER REPORTS Mr. Colvin announced next week he will display an artist rendering of the beautification project for the north-end of the Warren Avenue Bridge. He expressed his appreciation for the cooperation and goodwill Mayor Horton has shown toward this project. Mr. McConne11 announced the District #2 Neighborhood Meeting will be held September 25, 1997, 6:00 P.M., at Fire Station #3. The program for that meeting will include a presentation on 'Parks and Flora' by Parks Department personnel. Mr. Law announced the next District #3 Neighborhood Meeting will be held on October 21, 1997, 7:00 P.M., at the Senior Center. The guest speaker, at that meeting, will be the lead Design Engineer for the new Manette Bridge. This meeting will provide an TAPE #1495 City Council Reg. Mtg. Minutes September 24, 1997 Page 2 of 8 opportunity for public input and public awareness for this project. He attended the Senior Center's 25th Anniversary celebration, which was very successful. He extended a "job well done" to the Parks Department on such a successful event. Lastly, he urged parents and grandparents to become involved with local PTA or school booster groups for the benefit of not only the students but the community as well. Mr. Overson reported he enjoyed a recent tour of Washington, D.C.; Annapolis, Maryland; Gettysburg and Hershey, Pennsylvania; and Pensacola, Florida. On his travels, he picked up some ideas on some successes in those areas, which he will share with staff and Council members to see if some of those ideas can be adopted for Bremerton. Mr. Montgomery announced Council Districts #6, #7 and #8 will hold a joint Neighborhood Meeting on October 9, 1997, 7:00 P.M., at the Bremerton School District Administration Office, located on Marian Avenue. The topics of discussion will be street closures, parks, and any other subjects brought up by the residents. Flyers announcing that meeting will be mailed out the week of September 30. He attended a Bremerton Housing Authority Board meeting on September 22, where the board members conveyed a message of thanks to Mayor Horton for the help they have received from the City. Merrill Wallace, Executive Director of the Housing Authority received a special recognition award from the National Association of Housing and Redevelopment Officials (NAHRO), for his hard work and implementation of a crime prevention program that assures the safety of the citizens who live in Westpark. United States Senator Patty Murray conveyed her message of congratulations to Mr. Wallace on his receiving the NAHRO Award in a letter, which Mr. Montgomery read into the record. Mr. Winters reported next week he will announce the time and place, via Cable Access Channel 12 and publicity flyers, for a District #9 Neighborhood Meeting. The program for that meeting will be to meet the two candidates running for Council District #9 position. Mr. Fart encouraged residents of Council Districts #6, #7 and #8 to attend the joint Neighborhood Meeting on October 9. As part of that meeting, he anticipates showing a recently completed video on the Charleston Neighborhood Plan. He was pleased to report the last joint meeting drew a good crowd. PUBLIC RECOGNITION Police Chief Paul Du Fresne briefly described the excellent performance of Officer Deborah Rogers as the City's D.A.R.E. Officer during the previous school year. Officer Rogers has chosen to become a full time mother, which left a vacancy that has been TAPE #1495 City Council Reg. Mtg. Minutes September 24, 1997 Page 3 of 8 filled by Officer Crystal Gray. Henr¥~ince¥, Community Resources Manager, introduced Officer Gray and reported since August she has assumed the D.A.R.E. responsibilities and assisted the Resource Division with the large number of community awareness activities, such as the Kitsap County Fair. Officer Gray recently graduated from the D.A.R.E. Academy (2-weeks in Pasco, WA). Officer Gray stated she has been a Police Officer for nine years and is thankful to be given the opportunity to serve as the D.A.R.E. officer. She will be teaching in all eight schools in Bremerton. Chief Du Frense stated during Officer Gray's D.A.R.E. training she received an award from the instructors as the highest motivated officer within her class. Mr. Montgomer~ reported he had an opportunity to ride on patrol with Officer Gray and she is a shining example of the City's Police force. Nancy Spaccarotelli, Bremerton resident, described a situation happening in her immediate neighborhood (Lafayette and Stevens Street), where property was short platted, without notification to surrounding residents, into very small lots, cleared of trees and vegetation and then two dilapidated mobile homes were moved onto the site without the proper permits. The residents in that area are greatly concerned over the possible devaluation of their properties as well as the current adverse effect of erosion due to water runoff from the site onto other properties. The Spaccarotelli's have experienced water damage under their home as well as a sink hole 8-foot wide by 26 feet deep has developed on their property, which they believe is caused by water coming from the site that was cleared. The City's Building Department staff told Mr. and Mrs. Spaccarotelli that the City is allowing that property owner to put in a water catching basis (large hole filled with rocks); however, no one is addressing the method of drainage from that catch basin. She questioned how could the four pieces of mobile homes be moved in and dumped without proper drainage, curtain drains, foundations or suitable permits. The city Building Department issued three Stop Work Orders and then turned around and revoked them so that the owners could clean up the mess they had created. As of September 19, 1997, a worse mess existed than before the owners stared clean up efforts. The neighboring residents have signed a petition requesting the following: (1) remove the second mobile home permanently; (2) restoration of some of the vegetation in such a way to prevent damage from erosion; (3) if one of the mobile homes is to stay, it should be finished in such a way that it will not impact other property values; (4) that all codes and regulations are strictly followed. Frank Spaccarotelli stated when he moves into an area he likes to be proud of the neighborhood. During the past five years, as a resident of Bremerton, he has seen deterioration in west Bremerton properties. He emphasized the importance to enforce ordinances, TAPE #1495 City Council Reg. Mtg. Minutes September 24, 1997 Page 4 of 8 particularly those that regulate establishment of auto repair shops in residential areas, such as those found between llth Street and 20th Street. President Fart thanked Mr. and Mrs. Spaccarotelli for their presentation. Since the subject property is located in District #6, he has personally visited the site 4-5 times over the past two weeks. He is also appalled over the situation that exists and believes there is support within the Council for a short term remedy and to address the longer term problem. He did not believe the City could allow such conditions to exist or see anything similar happen in other established neighborhoods. Mrs. Spaaoarote11~ added one of the mobile homes was an older 70's vintage. She was told by a City official that the mobile homes could remain on the site, if they were brought up to code. She asked how long will the City allow the mobile homes to remain on the property before something is done? Patsy Gehring, Stevens Drive resident; and Eugene Donovan, Stevens Drive resident, concurred with the description of the problems on the property identified by Mr. & Mrs. Spaccarotelli, and urged the City to take the necessary action to protect the quality of their neighborhood. Roy McInnis, Bremerton resident, expressed his appreciation for the rapid response he received to the question he raised at the previous Council meeting about using funds from the Roosevelt Field Replacement Fund for an Evergreen Park improvement. The letter he received from the City Treasurer explained the allowable uses for that fund; however, he disagreed over the statement that Evergreen Park is a like replacement for Roosevelt Field. Dr. James Carter, Lafayette Avenue resident, stated he owns a home near the site described by Mrs. Spaccarotelli. He was first aware of something bad occurring when he could not reach his residence due to a hot power line laying across North Lafayette, which had been severed by a tree that was being removed on the subject lot, and from that point, things have gone "down hill." He did appreciate the prompt and sincere response given by the City Council representative and City Administration. Tom Bastian, N. Lafayette Avenue resident, stated he was present to show support to the other residents of his neighborhood, who shared their concern about the movement of two mobile homes onto a site near their residences. It concerned him how the property owner was able to dump the mobile homes on the site, which he viewed as something being forced onto the neighborhood. Once the Stop Work Orders were lifted, a tractor was used to shove dirt in front of the mobile homes so that they could not be moved out from the same entrance that they were brought in. He understands the City has to allow for low income housing; but he did not feel it was TAPE #1495 City Council Reg. Mtg. Minutes September 24, 1997 Page 5 of 8 appropriate to establish that kind of housing in an area where the homes were valued at $150,000 or higher. MAYOR'S REPORT Mayor Lynn Horton stated she has personally visited the site on Lafayette and was no more pleased than the neighbors or Councilman Fart over what has taken place. Only two of the four structures were permitted. The State Department of Labor and Industries (L&I) is the entity that deals with refurbishment of manufactured housing and basically preempts the city's jurisdiction. People who own or fix up manufactured homes are not required to file the same kind of application they would for a City building permit, nor do they have to prepare an architectural rendering of the final design. The applicant in question submitted a laundry list of improvements and the State granted approval. She believes there is a serious disconnect that needs to be addressed with the State of Washington about anything that preempts local land use. Action taken by the City includes issuing a letter to the property owner stating said units must be removed no later than September 30, 1997. She was not sure what legal latitude the City has, if the owner fulfills all requirements in the refurbishment process. She does not understand why the structures were brought on site in such dilapidated condition, but according to L&I regulations, such structures cannot be refurbished off site and then placed on the property. She believes this situation may call for some creative solutions and she will be looking for Council's support. It is her intention to have the structures removed, hopefully on a permanent basis; however, she was not totally sure she could achieve that goal, but that was the direction being taken. She has directed staff, based on the fact that the applicant has been less than a good neighbor and infringing upon the goodwill of a quality neighborhood, that if the City errs she would rather err on the part of the neighborhood. The City is in contact with the applicant and working toward resolving this issue on a permanent basis with as little legal repercussions as possible. She will be relying on residents within the neighborhood to alert her office or Council President Farr if erosion problems occur. Also, she will be bringing forth some sort of zoning issue to prevent something like this from happening again. Because of State regulations, which were put in place about 10 years ago, local jurisdictions are required to accept manufactured housing. Now, she wants to look at the prohibition of dilapidated manufactured homes. 8A - ORDIN~%NCE NO. 4606 (SECOND READING) ADOPTING 1997 ANRNDMRNTU TO T~ COMPR~h~NS~v~ PLAN AS ~%MENDED, ~AB97-19~ Ron Hough, Planning Manager, briefly reviewed the steps taken to bring this item forward to second reading of the ordinance. Public comment - none. TAPE #1495 City Council Reg. Mtg. Minutes September 24, 1997 Page 6 of 8 #1552 #1574 #1622 #1710 M/S/C/U(Montgomery/McConnell) to pass Ordinance No. 4606, on second reading, adopting the 1997 amendments to the Bremerton Comprehensive Plan as amended. M/S/C/U(Montgomery/Colvin) Motion to pass Ordinance #4607, on second reading, revising the Official Zoning Map of the City of Bremerton to maintain consistency with 1997 Comprehensive Plan Amendments. 9B - ORDZN~CE NO, 460~ (SECOND READING) ~%MENDING LITTER REGULATIONS TO ESTB,BLISH ~ 8EPI%I~TE INFI~CTION FOR THROWING CIGARETTES OR OTHER BURNING REFUSE, ~AB97-211 Public comment - none. M/S/C/U(Huff-Menees/Montgomery) Motion to pass Ordinance No. 4608 on second reading, creating a separate infraction for disposing of burning material improperly and amending Chapter 6.28 of the Bremerton Municipal Code. 8C - ORDINJ[%NCE (FIRST REXDING) AMENDING LEGISL*%TZVE ADMINISTRATIVE CONTROLS ON THE BUDGET, #AB97-;14 Due to an editing error, the portion of Ordinance No. 4601 which changed BMC 3.02.030 did not properly reflect the language prior to the proposed changes. This correcting ordinance will eliminate that error and properly state BMC 3.02.030. Rich Hanna, City Treasurer, briefly explained the editing error left out the substantive change in the earlier ordinance. The limit that the Administration could approve was only one $10,000 adjustment within each budget category per year. Lacking that limitation, in theory, a whole series of adjustments to any amount desired could be processed at the Administrative level. Public comment - none. M/S/C(Montgomery/Huff-Menees) Motion to approve ordinance on first reading, repealing portions of Ordinance 4601 and BMC 3.02 and setting forth legislative and administrative controls on the budget of the City of Bremerton. Vote on Motion: In Favor: Montgomery, Huff-Menees, Neville, Farr, Overson, Law, McConnell, Calvin Opposed: Winters Motion carried. 8D - ORDINANCE (FIRST READING) SETTING POLICY FOR DISPOSAL OF PERSONAL PROPERTY OF THE CITY, ~AB97-215 TAPE #1495 City Council Reg. Mtg. Minutes September 24, 1997 Page 7 of 8 The City does not presently have a policy governing the disposal of its personal property. The proposed policy would delegate portions of the Council's authority in this area to the administration and to the Fiscal & Budget Committee. Authority to surplus items with value greater than $10,000 is reserved to the Council. Rich Hanna, City Treasurer, stated the reason for bringing this policy in ordinance form is due to State statute requiring City Council approval for disposal of surplus personal property. It is proposed that Council delegate certain amounts of that authority down to the Administration and Council's Fiscal and Budget Committee. The ordinance proposes that personal property items valued between 0 and $5,000 be delegated to the Administration, and items with value between $5,000 and $10,000 be delegated to the Fiscal and Budget Committee. This is consistent with the threshold for full Council approval of budget adjustments and contracts. The intent is to keep the amount of bureaucratic process involved in the surplusing and disposal consistent with the value of the items in question. Public comment - none. Mr. Law suggested that if the ordinance is approved as presented, all of the Council members be notified of the surplusing action for items in the $5,000 - $10,000 range. That action would be informative and provide background information for new members coming onto the Fiscal and Budget Committee each year. Mr. Hanna stated it would be easy to implement such notification. Mr. Colvin stated his opposition to the proposed ordinance based on the fact that all property belonging to the City should be disposed of under Council's authorization. Mr. McConnell questioned when a negotiated sale would be initiated? Mr. Hanna stated the intent of the proposed ordinance is to provide enough latitude so that in any given set of circumstances the actions taken to dispose of personal property make sense and to safeguard that the property is disposed of at a financially reasonable level. Mr. McConnell questioned the procedure used to donate items to a charitable organization, if attempts to sell the item is unsuccessful? Mr. Hanna explained specific mention is made of items having a nominal value may be disposed of in a reasonable and prudent manner, or the Mayor may donate to a bonafide charitable non-profit organization. Mr. Overson pointed out the policy states the City shall utilize to the maximum extent practical all personal property before declaring it to be surplus. And, once declared surplus, the property will be disposed of in the manner most advantageous to the citizens of the #2063 TAPE #1495 City Council Reg. Mtg. Minutes September 24, 1997 Page 8 of 8 city. He questioned the procedure for disposing of items that may need special handling? Mr. Hanna stated that issue is addressed in the City's Fixed Asset Policy and was not included in the disposal policy. Mr. Overson noted the inclusion of the annual audit function. Mr. MontqomezTstated he did not see the need to apprise Council of the disposal of any items under $5,000. He pointed out there are items coming out of the sewer treatment plant that cost $10-15,000 that are only good for scrap. ~r, overson questioned if surplus utility equipment was covered under statutory exceptions as provided under RCW 35.94? Mr. Ha~a stated section 2.79.110 specifically addresses that issue. M/S/C/Montgomery/Huff-Menees) Motion to approve Ordinance, on first reading, setting policy and prescribing procedures for disposition of personal property which is surplus to the needs of the City and adding Chapter 2.79 to the Bremerton Municipal Code. Mr. Winters stated he agreed with Mr. Colvin and felt it was critical that the City Council know what is being surplused, when and at what cost. Mrs. Huff-Menees reminded Council that Mr. Hanna would provide a list of items being surplused to all of the Council members. She agreed with Mr. Overson that the proposed policy addressees the public's concerns. Vote on Motion: In Favor: Montgomery, Huff-Menees, Neville, Law, Fart, Overson, McConnell Opposed: Winters, Colvin Motion carried. President Farr thanked the TV camera crew for their services: Bob Neal, Traci Teigen, Scott Kulinski, and Debi Dreling. With no further business meeting adjourned at 6:40 P.M. PAULA JOHNSTON, Deputy City Clerk DAVID FARR, City Council President City of Bremerton PJ/DF/me cc: Normal Distribution File/Vault AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Reappointments to the Disability Action Committee FOR AGENDA OF: ORIGINATING DEPT: ORIGINATOR: DATE SUBMITTED: October 1, Executive Mayor HortQ~ ~September 25. 1997 2. ~: (comment on back if necessary) 3. EXHIBITS: Applications for Appointment ENDORSEMENTr_~.~_ INFORMATIQN_~~. APPROVED BY COUNCIL P~T~, ,~~MITTAL: MAYOR ~ ~....~ ~ .... .~, /~ COUNCIL PRESIDENT _ , 4. SUMMARY STATEMENT AND REOUIR~MENT FOR COUNCIL ACTION: The terms of Edward Baker and Clyde Osborn on the Disability A~tion Committee have expired. It is recommended they be reappointed to this committee. 8. RECOMMENDATION: Motion to confirm the reappointments of Edward Baker and Clyde Osborn to the Disability Action Committee. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: PULLED TABLED COUNCIL DIRECTIVE: 10. NOTICE OF ACTION APPROVED DISAPPROVED DAT! AMENDED 2. CLEARANCE COMMEN~$: ~-. _ 5. IMPACT ON NON-PASSAGE: 6. IMPACT ON STAFFING, BUDGETS, FAC~L~IES~ EOUIPMENT OR OTHER RESOURCES: 7. RESEARCH SOURCES: CITY OF BREMERTON APPLICATION FOR CiTY BOARDS/COMMISSIONS/COMMITTEE NOTE: As an applicant for a City Board, Commission or Committee, your name, address, and telephone number will be available to the press and public. You will be contacted before any action is taken on your appointment. (Please type or print clearly) NAME: F_dward D. Baker HOME ADDRESS: 3014 Rozewood Drive Bremerton, WA 98310 DATE: 8/26/97 PHONE:360-377-0225 (H) 360-478-4620 (W) OCCUPATION' Kitsap County Job Training Manager EDUCATION: Bachelors Degree in Education, Masters Degree in Public School Administration PROFESSIONAL/COMMUNITY ACTIVITIES: Volunteer for Disabilities Action Committee-Bremerton Particpant with Kitsap County Developmental Disabilities Advisory Board LOCAL REFERENCES (name & phone number): Linda Larson 405-6497 Nina Cuic 478-4606 lAM k) () () () () () () () l-)n, ]g Wa.~hh, .rn gq 5-4~,72 INTERESTED IN SERVING ON (please check one or more): Disability Action Committee ( ) Civil Service Commission(18 yrs. & older) (~) Urban Forest Committee ( ) Cable Communications Advisory Committee ( ) Community Development Block Grant Advisory Committee Youth Council Safe Streets .Steering Committee Citizen's Commission on Council Salaries Planning Corr{mission (18 yrs. & older) Parks &. Recreation Commission Ethics Commission Parking Advisory Board Solid Waste Management Bremerton Housin§ Authority Board of Appeals, Housing/Building Codes Special Committees as needed Is this an applic'a~ion for reappointment? If yes, how many years have you served on this commission/committee? ~-/ PLEASE RETURN TO: Mayor's Office 239 4th Street Bremerton, WA 98337 Sig¥~u ~e - Applications be reviewed periodically to determine continued availability. information may be put on back. Additional pertinent CITY OF BREIVIERTON APPLICATION ~OR CITY BOARDS/COMMISSIONSTCOMMITTEE NOTE: As an applicant for a City Board, Commission or Committee, your name, address, and telephone number will be available to the press and public. You will be contacted before any action is taken on your appointment. (Please type or print clearly) HOME ADDRESS: /~-~> DATE: ~-~ ~'-~- cl ~ PHONE: ~7~5~0,~' (H) (W) OCCUPATION: LOCAL REFERENCES (name & phone number): lAM () () () () () () INTERESTED IN SERVING ON (please check one or more): Disability Action Committee ( Civil Service Commission(18 yrs. & older) ( Urban Forest Committee ( Cab{e Communications Advisory Committee ( Community Development Block Grant ( Advisory Committee ( Youth Council ( Safe Streets. Steering Committee ( Citizen's Commission on Council Salaries Planning Cor~mission (18 yrs. & older) Parks & Recreation Commission Ethics Commission Parking Advisory Board Solid Waste Management Bremerton Housing Authority Board of Appeals, Housing/Building Codes Special Committees as needed Is this an applica:don for reappointment?~ If yes, how many years have you served/on this commission/committee? PLEASE RETURN TO: Mayor's Office 239 4th Street Bremerton, WA 98337 Sign~.u're-- ' Applications be reviewed periodically to determine continued availability. information may be put on back. Additional pertinent AGENDA BILL -BREMERTON CITY COUNCIL 1. SUBJECT: APPOINTMENT OF CARLOS MONTGOMERY TO FOR AGENDA OF: October 1, 1997 WSDOT LOCAL IMPROVEMENT COMMITTEE ORIGINATING .DEPT: City ORIGINATOR: David F~rr~- DATE SUBMITTED: 9-24-97 2. ~_~: (comment on back if necessary) ENDORSEMENT INFORMATION lw_AYOR APPROVED BY COUNCIL COUNCIL PRESIDENT BMITTAL: 4. SLIMMARY STATEMENT AND REOUIREP[ENT FOR COUNCIL ActION: The Washington State Legislature created a process to gauge public support or opposition to the use of. tolls to pay for improvements to the Tacoma Narrows Bridge and SR-16 corridor. This process will lead to a public advisory election that is currently scheduled to occur at the General Election on November 3, 1998. As part of this process, a Local Improvement Committee (LIC) will advise the Washington State Department of Transportation (WSDOT) on establishing the geographic boundary for the 'advisory election and a project description that will be prepared by WSDOT. The law allows for city and county jurisdictions that iie in whole or in part within an affected project area to appoint one elected official to serve on the committee. These elected officials shall be appointed by a majority of the members of the city or county legislative authority. 8 . RECOMMENDATION: Motion to appoint Councilman Carlos Montgomery to the WSDOT Local Improvement Committee. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICLAL: ~EXPIilATiON DATE: REVYEW DATE: PULLED TABLED COUNCIL DIRECTIVE: 10. NOTICE OF ACTION APPROVED DISAPPROVED .DATE AMENDED ',',. AGm, A NO: q 7-,,,,1..fo¢ 2. CLEARANCE COM]~ENTS:. NON-PASSAGE: .STAFFING. BUDGETS. FACILITIES. EOUIPMENT OR OTHER RESOURCES: AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Asbestos Removal FOR AGENDA OF: Phrase 1I, Oyster Bay Acquisition ORIGINATING DEFT: Property (22+ structures) ORIGINATOR: DATE SUBM1TYED: 2. CI,EARANCES: (Commenton ~~ar~/}.~ 3. EXHIBITS: Director PW&U · City Treasurer ~ ~ , · Purchasing Manager //~ ~ · Operations Committee Co m.. October 1, 1997 Pub Wks/Utilifies P.R. Lucas/Admin Analyst September 23, 1997 ,4/) ~/L/APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION. Council approval is requested to extend the contract of KCB Company to complete the asbestos removal of the remaining properties north of the Wastewater Treatment Plant. Contract extension is for an addifiona~ amount not to exceed $30,000.00. 8. RECOMMENDATION: That Council approve the KCB Contract Extension and authorize the Mayor to execute the extension. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: Dir. Pub Wks/Utilities Pub Wks Ops Mgr NA NA PULLED TABI,ED COUNCIL DIRECTIVE: 10. NOTICE OF ACTION APPROVED DISAPPROVED DATE: 11. AGENDA BILL NO: q 2. CI,EARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: Delay of project and any commercial opportunities for the property. 6. IMPACT ON STAFFING, BUDGETS~ FACII,ITIES, EQUIPMENT OR OTHER RESOURCES: None - W/W Utility will pay cost per unit. 7. RESEARCH SOURCES: 1. SUBJECT: Contract award for Litigation Counsel AGENDA BH_,L BREMERTON CITY COUNCIL FOR AGENDA OF: October 1, 1997 ORIGINATING DEPT: Legal ORIGINATOR: I. Sievers, City Attorney DATE SUBMITTED: Sept. 23, 1997 2. CLEARANCES: (Comment on back if necessary) City Attorney . CILt COMMITTEE~~ ENDORSEMENT']d/1NFORMA,. TION-- [] APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: 3. EXHIBITS: Proposed contracts for Casey and Pruzan; Elms and Flynn, Jean Schiedler-Brown; Ogden Murphy and Wallace, BillBurns. Carney Badley Smith & Spellman 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The Ciw's contracts for representation in litigation will expire September 30, 1997. The Legal Department solicited qualifications and proposals from law firms interested in representing the Ci.ty on new two-year contracts in late July, with advertisements in the Sun, Seattle Times and Tacoma News Tribune and direct mailings to those who applied for the fn'st contracts in 1995. Sixteen responses were received and of these firms, ~, seven were selected for interviews by the Mayor, Ci~ Attom%% Public Works and Utilities Director, Human Resource Manager and Risk Manager. It is proposed that seven categories of litigation be assigned to six firms with some areas shared between two fa-ms. The contracts proposed are: Jean Schiedler Brown - Personnel/Labor, Civil Rights (non-exclusive) and Torts (non-exclusive) Casey and Pruzan - Contract, Land Use (non-exclusive) and Torts (non-exclusive) Ogden Murphy Wallace- Civil Rights (non-exclusive), Land use (non-exclusive) Carney Badley Smith & Spellman - Environmental Elms and Fl;y~n - Workers' Compensation Bills Burns - Insurance 8. RECOMMENDATION: Approve execution of contracts for litigation services to the fn'ms listed. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED [] TABLED [] APPROVED [] DISAPPROVED [] AMENDED [] DATE: COUNCIL DIRECTIVE: 1 I. AGENDA BILL NO.: q 7- ~ ,.D.. O PROFESSIONAL SERVICES AGREEMENT C©PY Retained Counsel/Jean Schiedler-Brown & Associates THIS AGREEMENT is between the City of Bremerton, a municipal corporation, (hereinafter referred to as "City") and the law firm of Jean Schiedler-Brown & Associates, (hereinafter referred to as "Retained Counsel"). W I T N E S S E T H: 1. SCOPE: Retained Counsel agrees to provide legal services as follows: ae Labor/Personnel Litigation: Unfair labor practices, grievances and arbitrations before PERC, arbitrators and courts. Suits and claims alleging violation of wage and hour laws. Defense of unemployment claims. Representation of Civil Service Commission as needed and Civil Service appeals. Civil Rights: Defense of civil rights and discrimination claims in State and Federal court under § 1983, ADA, Title VII, Washington laws against discrimination and similar acts.* General Tort Defense: Prosecution of civil claims for personal injury and property damage.* *Non-exclusive - City reserves the right to assign cases in this litigation area to alternate counsel, in its sole discretion, based on issues and exposures presented by the case. 2. TERM: Con%rac5 sha]t commence on October 1, i997, and will terminate October 1, ].999. 3. COMPENSATION: Ci%y shall pay Retained Counsel an hourly rate of Ninety-five Dollars ($95.00) per hour for the services provided hereunder, excluding costs and expenses, provided Retained Counsel may also bill at a lesser hourly rate for the attorney services of legal professionals retained. All needed secretarial and support staff services are included in said hourly rate. The City shall reimburse for any long-distance telephone calls, facsimile costs, photocopying, filing fees, messenger fees, mileage and ferry fees, on-line computer time and similar out-of- pocket costs, excluding meals, seminar and convention fees, and charges of a similar natuFe. PROFESSIONAL SERVICES AGREEMENT -1- :.. ,,.11. - !';i s~ ] - ~' Retained Counsel shall submit a monthly statement describing the services rendered with a breakdown for work completed as authorized under this Agreement, as further detailed in the Guide for Outside Legal Counsel attached hereto as Exhibit "A". 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 Retained Counsel are attorneys skilled in matters pertaining to the practice of law and will perform independent functions and responsibilities in the area of their particular field of expertise. Retained Counsel and its personnel shall act as independent contractors and not employees of the City. Within the performance of these duties, Retained Counsel shall work under the direction of the Bremerton City Attorney. 5. INDUSTRIAL INSURANCE: Retained Counsel agrees to provide for State industrial insurance coverage for its personnel as required by State law. 6. LICENSE: Retained Counsel shall possess any regulatory license required to fulfill Retained Counsel's obligations under this Agreement. 7. INSURANCE AND HOLD HARMLESS: Prior to and during the performance of the work covered by this Agreement, Retained Counsel 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 $1,000,000.00 against professional liability or errors and omissions in connection with the work to be performed by Retained Counsel under this Agreement. Risk Manager shall be provided thirty (30) days' written notice of any cancellation of said professional liability insurance. Retained Counsel agrees to defend, indemnify and sa~,e 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 or the performance of this Agreement, whether such injuries to persons or damage to property is due to the negligence of Retained Counsel, its subcontractors, agents, successors or assigns. This provision shall be inapplicable to the extent the City is judicially found solely negligent for such damage or injury. PROFESSIONAL SERVICES AGREEMENT -2- 8. GENERAL CONDITIONS: a. Reports and Information - Retained Counsel, 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. Retained Counsel will maintain accounting records in accordance with generally accepted accounting principals 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, other than Exhibit "A" Guide for Outside Legal Counsel. 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 Retained Counsel or by Retained Counsel to the City shall be in writing and delivered to the parties at the following addresses: City Clerk 239 Fourth St. Bremerton, WA. 98337 Jean Schiedler-Brown Jean Schiedler-Brown & Assoc. Attorneys at Law 606 Post Avenue, flO1 Seattle, WA. 98104 e. Waiver - Failure to insist upon strict compliance with any terms, covenants or conditions of this Agreement shall not be deemed a waiver o~ such, nor shall any waiver or relinquishment cf 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 - Retained Counsel 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 PROFESSIONAL SERVICES AGREEMENT -3- attorney's fees and court costs, including appeals, if any. 9. NONDISCRIMINATION: Retained Counsel 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 in employment or the provision of services. 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 Retained Counsel 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. JEAN SCHIEDLER-BROWN & ASSOCIATES Date: BY: CITY OF BREMERTON Date: BY: LYNN HORTON, Mayor APPROVED AS TO FORM: IAN R. SIEVERS, Bremerton City Attorney PROFESSIONAL SERVICES AGREEMENT -4- "~ i~. ~ :?. - [.~ ~7? ~ - '~ '' '" PROFESSIONAL SERVICES AGREEMENT Retained Counsel/Robert Wm. Burns THIS AGREEMENT is between the City of Bremerton, a municipal corporation, (hereinafter referred to as "City") and Robert Wm. Burns, (hereinafter referred to as "Retained Counsel"). WI TNE S SETH: 1. SCOPE: Retained Counsel agrees to provide legal services associated with insurance coverage, including representation on coverage issues with City insurers. 2. TERM: Contract shall commence on October 1, 1997, and will terminate October 1, 1999. 3. COMPENSATION: City shall pay Retained Counsel an hourly rate of One Hundred Fifty Dollars ($150.00) per hour for the services provided hereunder, excluding costs and expenses, provided Retained Counsel may also bill at a lesser hourly rate for the attorney services of legal professionals retained. All needed secretarial and support staff services are included in said hourly rate. The City shall reimburse for any long-distance telephone calls, facsimile costs, photocopying, filing fees, messenger fees, mileage and ferry fees, on-line computer time and similar out-of- pocket costs, excluding meals, seminar and convention fees, and charges of a similar nature. Retained Counsel shall submit a monthly statement describing the services rendered with a breakdown for work completed as authorized under this Agreement, as further detailed in the Guide for Outside Legal Counsel attached hereto as Exhibit "A". 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 Retained Counsel is an attorney skilled in matters pertaining to the practice of law and will perform independent functions and responsibilities in the area of their particular field of expertise. Retained Counsel and his personnel shall act as independent contractors and not employees of the City. Within the performance of these duties, Retained Counsel shall work under the direction of the Bremerton City Attorney. 5. INDUSTRIAL INSURANCE: Retained Counsel agrees to provide for State industrial insurance coverage for his personnel as required by State law. PROFESSIONAL SERVICES AGREEMENT --1-- BURNS.PSA- Disk 1 - 9/23/97 6. LICENSE: Retained Counsel shall possess any regulatory license required to fulfill Retained Counsel's obligations under this Agreement. 7. INSURANCE AND HOLD HARMLESS: Prior to and during the performance of the work covered by this Agreement, Retained Counsel 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 $1,000,000.00 against professional liability or errors and omissions in connection with the work to be performed by Retained Counsel under this Agreement. Risk Manager shall be provided thirty (30) days' written notice of any cancellation of said professional liability insurance. Retained Counsel 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 or the performance of this Agreement, whether such injuries to persons or damage to property is due to the negligence of Retained Counsel, his subcontractors, agents, successors or assigns. This provision shall be inapplicable to the extent the City is judicially found solely negligent for such damage or injury. 8. GENERAL CONDITIONS: a. Reports and Information - Retained Counsel, 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. Retained Counsel will maintain accounting records in accordance with generally accepted accounting principals 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, other than Exhibit "A" Guide for Outside Legal Counsel. c. Amendments - The parties hereby further agree that this Agreement cannot be amended or modified without the written PROFESSIONAL SERVICES AGREEMENT -2- BURNS.PSA- Disk 1 - 9/23/97 concurrence 0f both parties. d. Notices - Any notices required to be given by the City to Retained Counsel or by Retained Counsel to the City shall be in writing and delivered to the parties at the following addresses: City Clerk 239 Fourth St. Bremerton, WA. 98337 Robert Wm. Burns Attorney at Law P. O. Box 11785 105-B Wyatt Way N.E. Bainbridge Island, WA. 98110-5785 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 - Retained Counsel 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: Retained Counsel 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 in employment or the provision of services. 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 Retained Counsel is advising the City as of the effective date of termination. IN WITNESS WHEREOF the parties PROFESSIONAL SERVICES AGREEMENT -3- BU~$.PSA- Disk ~ - 9/23/9? hereto have executed this Agreement the date and year indicated. Date: BY: ROBERT WM. BURNS CITY OF BREMERTON Date: BY: APPROVED AS TO FORM: LYNN HORTON, Mayor IAN R. SIEVERS, Bremerton City Attorney RECEIVED FOR FILING: KATHLEEN L. McCLUSKEY, CLERK PROFESSIONAL SERVICES AGREEMENT -4- BURNS.PSA - Disk 1 - 9/23/97 PROFESSIONAL SERVICES AGREEMENT Retained Counsel/Casey & Pruzan THIS AGREEMENT is between the City of Bremerton, a municipal corporation, (hereinafter referred to as "City") and the law firm of Casey & Pruzan, (hereinafter referred to as "Retained Counsel"). W I T N E S S E T H: 1. SCOPE: as follows: Retained Counsel agrees to provide legal services Land Use/Environmental Law: Writs and petitions on land use actions from Planning Commission and City Council. Boundary Review Board hearings and appeals. Shoreline Hearings Board appeals. Growth Management Hearings Board appeals. Representation of Planning Commission as requested. Condemnation. SEPA appeals. Suits and claims for nuisance, inverse condemnation, trespass or takings. State or Federal administrative actions or private claims under CERCLA, MTCA and Federal Clean Water Act.* Be Contract Disputes: Arbitration and litigation of breach of contract, including public works contracts, evictions and collections. Co General Tort Defense: Prosecution of civil claims for personal injury and property damage.* *Non-exclusive - City reserves the right to assign cases in this litigation area to alternate counsel., in its so]_e discretion, based on issues and exposures presented by the case. 2. TERM: Contract shall commence on October i, 1997, and will terminate October 1, 1999. 3. COMPENSATION: City shall pay Retained Counsel an hourly rate of Seventy-five Dollars ($75.00) per hour for the services described in lA above, and Ninety Dollars (90.00) per hour for all other services provided hereunder, excluding costs and expenses, provided Retained Counsel may also bill at a lesser hourly rate for the attorney services of legal professionals retained. All needed secretarial and support staff services are included in said hourly rates. The City shall reimburse for any long-distance telephone calls, facsimile costs, photocopying, filing fees, messenger fees, PROFESSIONAL SERVICES AGREEMENT -1- mileage and ferry fees, on-line computer time and Similar out-of- pocket costs, excluding meals, seminar and convention fees, and charges of a similar nature. Retained Counsel shall submit a monthly statement describing the services rendered with a breakdown for work completed as authorized under this Agreement, as further detailed in the Guide for Outside Legal Counsel attached hereto as Exhibit "A". 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 Retained Counsel are attorneys skilled in matters pertaining to the practice of law and will perform independent functions and responsibilities in the area of their particular field of expertise. Retained Counsel and its personnel shall act as independent contractors and not employees of the City. Within the performance of these duties, Retained Counsel shall work under the direction of the Bremerton City Attorney. 5. INDUSTRIAL INSURANCE: Retained Counsel agrees to provide for State industrial insurance coverage for its personnel as required by State law. 6. LICENSE: Retained Counsel shall possess any regulatory license required to fulfill Retained Counsel's obligations under this Agreement. 7. INSURANCE AND HOLD HARMLESS: Prior to and during the performance of the work covered by this Agreement, Retained Counsel 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 $1,000,000.00 against professional liability or errors and omissions in connection with the work to be performed by Re~ained Counsel under this Agreemens. Risk Manager shall be provided thirty (30) days' written notice of any cancellation of said professional liability insurance. Retained Counsel 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 or the performance of this Agreement, whether such injuries to persons or damage to property is due to the negligence of Retained Counsel, PROFESSIONAL SERVICES AGREEMENT -2- its subcontractors, agents, successors or assigns. This provision shall be inapplicable to the extent the City is judicially found solely negligent for such damage or injury. 8. GENERAL CONDITIONS: a. Reports and Information - Retained Counsel, 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. Retained Counsel will maintain accounting records in accordance with generally accepted accounting principals 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, other than Exhibit "A" Guide for Outside Legal Counsel. 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 Retained Counsel or by Retained Counsel to the City shall be in writing and delivered to the parties at the following addresses: City Clerk 239 Fourth St. Bremerton, WA. 98337 Jane Ryan Koler Casey & Pruzan Attorneys at Law 18th Floor Pacific Building 720 Third Avenue Seattle, WA. 98104 e. Waiver - Failure to insist upon strict compliance wi~h 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 - Retained Counsel 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 PROFESSIONAL SERVICES AGREEMENT -3- 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: Retained Counsel 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 in employment or the provision of services. 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 Retained Counsel 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. CASEY & PRUZAN Date: BY: BY: CITY OF BREMERTON Date: BY: APPROVED AS TO FORM: LYNN HORTON, Mayor IAN R. SIEVERS, Bremerton City Attorney PROFESSIONAL SERVICES AGREEMENT -4- PROFESSIONAL SERVICES AGREEMENT Retained Counsel/Eims & Flynn THIS AGREEMENT is between the City of Bremerton, a municipal corporation, (hereinafter referred to as "City") and the law firm of Eims & Flynn, (hereinafter referred to as "Retained Counsel"). W I T N E S S E T H: 1. SCOPE: Retained Counsel agrees to provide legal services associated with prosecution or defense of worker's compensation claims, including administrative and court appeals. 2. TERM: Contract shall commence on October 1, 1997, and will terminate October 1, 1999. 3. COMPENSATION: City shall pay Retained Counsel an hourly rate of One Hundred Twelve and 50/100 Dollars ($112.50) per hour for the attorney services provided hereunder, excluding costs and expenses. Retained Counsel may also bill at an hourly rate of Fifty-eight and 50/100 Dollars ($58.50) per hour for the services of paralegals and/or legal assistants. Any additional needed secretarial and support staff services are included in Retained Counsel's said hourly rate. The City shall reimburse for any long-distance telephone calls, facsimile costs, photocopying, filing fees, messenger fees, mileage and ferry fees, on-line computer time and similar out-of- pocket costs, excluding meals, seminar and convention fees, and charges of a similar nature. Retained Counsel shall submit a monthly statement describing the services rendered with a breakdown for work completed as authorized under this Agreement, as further detailed in the Guide for Outside Legal Counsel attached hereto as Exhibit "A". 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 Retained Counsel are attorneys skilled in matters pertaining to the practice of law and will perform independent functions and responsibilities in the area of their particular field of expertise. Retained Counsel and its personnel shall act as independent contractors and not employees of the City. Within the performance of these duties, Retained Counsel shall work under the direction of the Bremerton City Attorney. 5. INDUSTRIAL INSURANCE: Retained Counsel agrees to provide for State industrial insurance coverage for its personnel as required by State law. PROFESSIONAL SERVICES AGREEMENT -1- 6. LICENSE: Retained Counsel shall possess any regulatory license required to fulfill Retained Counsel's obligations under this Agreement. 7. INSURANCE AND HOLD HARMLESS: Prior to and during the performance of the work covered by this Agreement, Retained Counsel 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 $1,000,000.00 against professional liability or errors and omissions in connection with the work to be performed by Retained Counsel under this Agreement. Risk Manager shall be provided thirty (30) days' written notice of any cancellation of said professional liability insurance. Retained Counsel 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 or the performance of this Agreement, whether such injuries to persons or damage to property is due to the negligence of Retained Counsel, its subcontractors, agents, successors or assigns. This provision shall be inapplicable to the extent the City is judicially found solely negligent for such damage or injury. 8. GENERAL CONDITIONS: a. Reports and Information - Retained Counsel, 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 ~he 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. Retained Counsel will maintain accounting records in accordance with generally accepted accounting principals 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, other than Exhibit '°A" Guide for Outside Legal Counsel. c. Amendments - The parties hereby further agree that this Agreement cannot be amended or modified without the written PROFESSIONAL SERVICES AGREEMENT -2- concurrence of both parties. d. Notices - Any notices required to be given by the City to Retained Counsel or by Retained Counsel to the City shall be in writing and delivered to the parties at the following addresses: City Clerk 239 Fourth St. Bremerton, WA. 98337 Deborah K. Flynn Eims & Flynn Attorneys at Law 4317 Two Union Square 601 Union Street Seattle, WA. 98101 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 - Retained Counsel 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: Retained Counsel 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 in employmen% or the provision of services. 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 Retained Counsel is advising the City as of the effective date of termination. PROFESSIONAL SERVICES AGREEMENT -3- IN WITNESS WHEREOF the parties hereto have executed this Agreement the date and year indicated. EIMS & FLYNN Date: BY: BY: CITY OF BREMERTON Date: BY: LYNN HORTON, Mayor APPROVED AS TO FORM: IAN R. SIEVERS, Bremerton City Attorney RECEIVED FOR FILING: PROFESSIONAL SERVICES AGREEMENT -4- /f;i'. i':~A - [ti.~: ~ - ',, : ~, · ' PROFESSIONAL SERVICES AGREEMENT Retained Counsel/Ogden Murphy Wallace THIS AGREEMENT is between the City of Bremerton, a municipal corporation, (hereinafter referred to as "City") and the law firm of Ogden Murphy Wallace, (hereinafter referred to as "Retained Counsel"). WI TN E S SETH: 1. SCOPE: as follows: Retained Counsel agrees to provide legal services Land Use: Writs and petitions on land use actions from Planning Commission and City Council. Boundary Review Board hearings and appeals. Shoreline Hearings Board appeals. Growth Management Hearings Board appeals. Representation of Planning Commission as requested. Condemnation. SEPA appeals.* Be civil Rights: Defense of civil rights and discrimination claims in State and Federal court under § 1983, ADA, Title VII, Washington laws against discrimination and similar acts.* *Non-exclusive - City reserves the right to assign cases in this litigation area to alternate counsel, in its sole discretion, based on issues and exposures presented by the case. 2. TERM: Contract shall commence on October 1, 1997, and will terminate October 1, 1999. 3. COMPENSATION: City shall pay Retained Counsel an hourly rate of between One Hundred Fifty Dollars ($150.00) per hour to One Hundred Twenty Dollars ($120.00) per hour for the services of law firm members, and an hourly rate of One Hundred Dollars ($100.00) per hour for the services of associates provided hereunder, excluding costs and expenses. Retained Counsel may also bill at an hourly rate of sixty-five Dollars ($65.00) per hour for the services of paralegals and an hourly rate of Sixty Dollars ($60.00) per hour for the services of legal assistants. Any additional needed secretarial and support staff services are included in Retained Counsel law firm members said hourly rate. The City shall reimburse for any long-distance telephone calls, facsimile costs, photocopying, filing fees, messenger fees, mileage and ferry fees, on-line computer time and similar out-of- pocket costs, excluding meals, seminar and convention fees, and PROFESSIONAL SERVICES AGREEMENT --1-- 0MW. PSA- Disk 1 - 9/23/97 charges of a similar nature. Retained Counsel shall submit a monthly statement describing the services rendered with a breakdown for work completed as authorized under this Agreement, as further detailed in the Guide for Outside Legal Counsel attached hereto as Exhibit "A". 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 Retained Counsel are attorneys skilled in matters pertaining to the practice of law and will perform independent functions and responsibilities in the area of their particular field of expertise. Retained Counsel and its personnel shall act as independent contractors and not employees of the City. Within the performance of these duties, Retained Counsel shall work under the direction of the Bremerton City Attorney. 5. INDUSTRIAL INSURANCE: Retained Counsel agrees to provide for State industrial insurance coverage for its personnel as required by State law. 6. LICENSE: Retained Counsel shall possess any regulatory license required to fulfill Retained Counsel's obligations under this Agreement. 7. INSURANCE AND HOLD HARMLESS: Prior to and during the performance of the work covered by this Agreement, Retained Counsel 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 $1,000,000.00 against professional liability or errors and omissions in connection with the work to be performed by Retained Counsel under this Agreement. Risk Manager shall be provided thirty (30) days' written notice of any cancellation of said professional liability insurance. Retained Counsel 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 or the performance of this Agreement, whether such injuries to persons or damage to property is due to the negligence of Retained Counsel, its subcontractors, agents, successors or assigns. This provision shall be inapplicable to the extent the City is judicially found PROFESSIONAL SERVICES AGREEMENT -2- OMW. PSA - Disk 1 - 9/23/97 solely negligent for such damage or injury. 8. GENERAL CONDITIONS: a. Reports and Information - Retained Counsel, 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. Retained Counsel will maintain accounting records in accordance with generally accepted accounting principals 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, other than Exhibit dA" Guide for Outside Legal Counsel. 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 Retained Counsel or by Retained Counsel to the City shall be in writing and delivered to the parties at the following addresses: City Clerk 239 Fourth St. Bremerton, WA. 98337 Carol Ann Morris Ogden Murphy Wallace Attorneys at Law 2100 Westlake Center Tower 1601 Fifth Avenue Seattle, WA. 98104 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 - Retained Counsel 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. PROFESSIONAL SERVICES AGREEMENT -3- OMW. PSA - Disk 1 - 9/23/97 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: Retained Counsel 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 in employment or the provision of services. 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 Retained Counsel 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. OGDEN MURPHY WALLACE Date: BY: BY: CITY OF BREMERTON Date: BY: APPROVED AS TO FORM: LYNN HORTON, Mayor IAN R. SIEVERS, Bremerton City Attorney RECEIVED FOR FILING: KATHLEEN L. McCLUSKEY, CLERK PROFESSIONAL SERVICES AGREEMENT -4- OMW. PSA - Disk 1 - 9/23/97 PROFESSIONAL SERVICES AGREEMENT Retained Counsel/Carney, Badley, Smith & Spellman THIS AGREEMENT is between the City of Bremerton, a municipal corporation, (hereinafter referred to as "City") and the law firm of Carney, Badley, Smith & Spellman, (hereinafter referred to as "Retained Counsel"). WI TNE S SETH: 1. SCOPE: Retained Counsel agrees to provide legal services associated with environmental law, including suits and claims for nuisance, inverse condemnation, trespass or takings and State or Federal administrative actions or private claims under CERCLA, MTCA and Federal Clean Water Act. Provision of legal services in this area shall be non-exclusive with the City shall reserving the right to assign cases in this litigation area to alternate counsel, in its sole discretion, based on issues and exposures presented by the case. 2. TERM: Contract shall commence on October 1, 1997, and will terminate October 1, 1999. 3. COMPENSATION: City shall pay Retained Counsel an hourly rate of One Hundred Thirty-five Dollars ($135.00) per hour for the attorney services provided hereunder, excluding costs and expenses. Retained Counsel may also bill at an hourly rate of Sixty-five Dollars ($65.00) per hour for the services of paralegals and/or legal assistants. Any additional needed secretarial and support staff services are included in Retained Counsel's said hourly rate. The City shall reimburse for any long-distance telephone calls, facsimile costs, photocopying, filing fees, messenger fees, mileage and ferry fees, on-line computer time and similar out-of- pocket costs, excluding meals, seminar and convention fees, and charges of a similar nature. Retained Counsel shall submit a monthly statement describing the services rendered with a breakdown for work completed as authorized under this Agreement, as further detailed in the Guide for Outside Legal Counsel attached hereto as Exhibit "A". 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 Retained Counsel are attorneys skilled in matters pertaining to the practice of law and will perform independent functions and responsibilities in the area of their particular field of expertise. Retained Counsel and its personnel shall act as independent contractors and not employees of the City. Within the PROFESSIONAL SERVICES AGREEMENT --1-- CBSS.PSA- Disk 1 - 9/23/97 performance of these duties, Retained Counsel shall work under the direction of the Bremerton City Attorney. 5. INDUSTRIAL INSURANCE: Retained Counsel agrees to provide for State industrial insurance coverage for its personnel as required by State law. 6. LICENSE: Retained Counsel shall possess any regulatory license required to fulfill Retained Counsel's obligations under this Agreement. 7. INSURANCE AND HOLD HARMLESS: Prior to and during the performance of the work covered by this Agreement, Retained Counsel 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 $1,000,000.00 against professional liability or errors and omissions in connection with the work to be performed by Retained Counsel under this Agreement. Risk Manager shall be provided thirty (30) days' written notice of any cancellation of said professional liability insurance. Retained Counsel 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 or the performance of this Agreement, whether such injuries to persons or damage to property is due to the negligence of Retained Counsel, its subcontractors, agents, successors or assigns. This provision shall be inapplicable to the extent the City is judicially found solely negligent for such damage or injury. 8. GENERAL CONDITIONS: a. Reports and Information - Retained Counsel, 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. Retained Counsel will maintain accounting records in accordance with generally accepted accounting principals and practices to substantiate all invoiced amounts. b. Entire Agreement - This Agreement constitutes the entire PROFESSIONAL SERVICES AGREEMENT -2- CBSS.PSA- Disk 1 - 9/23/97 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, other than Exhibit "A" Guide for Outside Legal Counsel. 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 Retained Counsel or by Retained Counsel to the City shall be in writing and delivered to the parties at the following addresses: City Clerk 239 Fourth St. Bremerton, WA. 98337 Donald J. Verfurth Carney, Badley, Smith & Spellman Attorneys at Law 701 Fifth Avenue, Suite 2200 Seattle, WA. 98104 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 - Retained Counsel 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: Retained Counsel 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 in employment or the provision of services. L0. 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 PROFESSIONAL SERVICES AGREEMENT -3- CBS$.PSA - Disk 1 - 9/23/97 completes the correction thereafter. Upon such termination, City will be entitled to reports showing the status of all matters upon which Retained Counsel 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. CARNEY, BADLEY, SMITH & SPELLMAN Date: BY: BY: CITY OF BREMERTON Date: BY: APPROVED AS TO FORM: LYNN HORTON, Mayor IAN R. SIEVERS, Bremerton City Attorney RECEIVED FOR FILING: KATHLEEN L. McCLUSKEY, CLERK PROFESSIONAL SERVICES AGREEMENT -4- CBS$.PSA- Disk 1 - 9/23/97 EXHIBIT NO. GUIDE FOR OUTSIDE LEGAL COUNSEL A. INTRODUCTION AND PURPOSE. The City of Bremerton has a commitment to legal cost containment through: 1) identification of correctable practices which may generate claims; and 2) if a claim or suit is filed, to manage defense activity for effective representation at the least expense. Accordingly, we ask our outside counsel to cooperate with us to provide excellent representation. At the same time, we ask that you continue to use good judgment to avoid duplicative or unnecessary efforts and costs. Toward this end, a list of directives and suggestions are detailed in section H. This Guide for Outside Legal Counsel (the "Guide") is provided to all outside legal counsel retained by the City of Bremerton. It has been prepared by the Legal Department for the purpose of explaining our policies and billing procedures in connection with the retention of outside legal counsel. You should consider this Guide an integral part of the terms under which you are engaged. We recognize that some of the procedures in the Guide may require a departure from your standard practices and we appreciate your cooperation. Any questions which you may have with respect to the matters contained in the Guide should be referred to the City Attorney. RELATIONSHIP BETWEEN THE LEGAL DEPARTMENT AND OUTSIDE LEGAL COUNSEL. The Legal Department has ultimate responsibility for ~he management of all legal assignments. Therefore, all significan~ dec{sions associated with these matters must be approved by the City Attorney. You sho~d]d not cons~it CiLy personnel on%s!~J,.~ the [eoal 17~' =~enr for ~---'~' ' ' stra~legy, even trough you may be in conLac~ wieh personnel fro!n ohs client departr:enss. You should, to the ex,ertL possible, con~ac~ the City department head or other knowledgeable City sr_aff d~rectly to investigate factual issues or otherwise provide information. In those cases where the Legal Department approves your direct contac% with other personnel., i~ is essential fen you to keep us timely advised of alt significant communications and developments as they occur. We request that copies o[ all documents and correspondence sent to other City personnel be sent to the Legal Department te ensure proper coordination of the assignment. GUII)}C ]"OR OUTStl)I!i LEGA]'~ COUNSEh -l- C. CONFLICTS. We expect that your representation will be free of any conflicting interests. Any actual or potential for such a situation. The City reserves the right to decide whether a conflict of interest exists. If a potential or actual conflict does exist, the issue must be resolved to our satisfaction. If a waiver is requested, any such request must be in written form and must disclose all relevant factors. A decision will be within the exclusive authority of the Legal Department and will be communicated to you as soon as possible. D. NEWS MEDIA. Any inquiries from the news media should be forwarded to the City Attorney. E. STRATEGY AND BUDGET. At the outset of each assignment, we will work with you to define the objectives to be achieved and to mutually agree upon your role and the duties expected of you in order to successfully conclude the matter. At that time, we would also expect to agree upon staffing. We request that you prepare a written budget proposal for our review and joint approval substantially equivalent to the attached Litigation Plan and Budget. The budget, at a minimum, must include assumptions with regard to (a) anticipated staffing, strategies and the city's objectives; (b) identifying significant phases of the assignment; (c) apprcximating the amount of time the assignmen~ will take; and (d) estimaning cost of each phase of the assignment. Periodic updates will be requested in order to assist us in ~re}~ar-ing ~he City's annual budget, if circnmstance~ d Jct. a:.e dny significan5 change strategy or adjustment of ~he budget, you should identify %hese issues as soon as you resolve any such concerns affecting the budget or agreed-upon strategies. F. LEGAL RESEARCH. We have retained you in part because ot your expertise and overall knowledge of the law. In some instances, you have been retained because you specialize in a particular area of law. Therefore, we do not expect to be billed [or any basic legal research to educate your lawyers in the basic field of the lawsuit, or your specialty. Consequently, ail legal research you intend to bill to the City shall be specifically related to application of the particular GUIDE FOR OUTSIDE LEGAL COUNSEI, -2- facts of the issue or litigation assigned. When legal research is accomplished, please be sure we receive a copy of that research, regardless of whether it is in the form of handwritten notes or a formalized memorandum of law. G. BILLING ARRANGEMENTS. In most legal assignments, we expect to be charged on the basis of hourly rates for your professional services. We do not expect charges to be increased or decreased because of the size of a transaction or the outcome of the representation. Billing will not exceed the maximum rate provided by contract. Please render bills on a monthly basis. If you are representing more than one City department or if you are engaged in multiple matters, you should prepare a separate bill for each matter and designate each matter with the applicable charges individually noted. Each bill must be reviewed, approved and initialed by the attorney within your firm who is responsible for the assignment. Initialing by the attorney responsible for the matter indicates that services and disbursements charged are accurate, reasonable and in accordance with the principles and procedures contained in this Guide. Billing Rates. You should provide us with information as to the billing rates of each of the attorneys, paralegal and others who will work on the assignment. We expect that you will keep this information current and will provide 30 days advance notice of any proposed changes in billing rates. There shall be no standard minimum charges for any services performed such as telephone calls, file review, etc. Only the actual time expended shall be charged. Billinq Items. We expect that your hourly billable rate has been calculated to include a_i__]_ overhead and internal charges associated wi%h your practice. UNLESS OTHERNISE AGREED UPON i~ ADVANCE ~[J iN %~R]'FING WE WILL NOi' PAY }:OR ADDITtO~AL OVERI{EAD OR NORHAL F!RH COSTS SUCH AS' administrative or clerical services, including secretary, docket, word i-.recessing, accounEing, library or c~her clerical stair and/or an'/ overtime unless the nature o~ the assignment requires overtime services to be performed; "opening file" or "closing file" administrative charges; including t~me spent preparing an engagement letter or conflict waivers; photocopying charges in excess oi $.20 per page. Also, if photocopying will exceed $250.00 for an}' particular GUIDK FOR OUTSIDE LEGAL COUNSEh -3- ];~r~ W,~,rk Di~t~ ~ - 7/12/95 4 o phase of the assignment, we request that you contact the Legal Department; telephone charges for local calls and long distance telephone charges in excess of the rates charged by the service provider. Calls to the Legal Department or other City departments should use the City's Seattle line and may not be billed as long distance (360 622-9870 Extension, e.g. X5345 for Legal Dept.); computer or automation services other than computerized legal research consistent with this Guide and rates not to exceed the cost charged by the service provider; time charges for preparation of bills; Travel. Authorization for overnight travel should be obtained in advance from the Legal Department. Charges for air travel will be reimbursed at coach rate only. Unless authorized in advance, travel by more than one attorney on an assignment is not subject to reimbursement. It is expected that expenses for lodging, meals and transportation shall be at reasonable rates and that counsel will exercise prudence in incurring such expenses. Billinq Format. Each bill for services and costs should be submitted directly to the Legal Department in a form that includes, at a minimum, the following information: Leqal Fees IIDate of I Description o fl Person Who Time Spent X Service Service ~ Performed Service Hourly Rate-Cost When different ~-ervic~s ,ir,._: performed J.n one day (e.g. , research, d:-aftJng, ~eet i n,3.s, e~c.) , iis~ each such service separate]}. The descripl~ion el service should permi~ us tc perform a meaningful analynis oi the services provide{]. Feu example, "legal rescarc]]" er "%elephene conference" is not an acceptable descrJ.~iq8 of secvices. The subject matter of a telephone ca 1 ] or the research performed and the purpose thereof must be specified. Itemize all travel by attorney, date, transportation cost, lodging, meals. Itemize ail other cash disb~]rsements incurred for our account. I+~ .... mize ali other charges being billed to us as costs. GUIDE FOR OUTSIDE hEGA] CO! Subtotal Costs Total Fees and Costs In certain practice areas and in certain circumstances, we will ask that you provide additional billing information. If you have been retained with respect to litigation-specific issues, please refer to paragraph H of the Guide. Invoices from court reporters and other outside service firms, if paid by you should be available as support for your bills to us. If you prefer, we can directly pay separate invoices from these service firms, and in such cases, your approval of the charge should be noted on the invoice when sent to us for payment. Only bills which include the information set forth above will be processed for payment. Nonconforming bills will be returned to you with the deficiencies noted. LITIGATION PROCEDURES FOR OUTSIDE COUNSEL. In achieving cost effective representation we ask your cooperation in following these procedures: Responsible In-House Attorney. The City Attorney is accountable for the outcome and cost of the case you have been retained to prosecute or defend; therefore, your retention is subject to our direct supervision and control. 2 o Settlement/Alternative Dispute Resolution. We shall discuss with you the advisability of obtaining settlement or pursuing alternasives to traditional litigat~ion to resolve the dispule at very earl}, s~ages of each litigation. }{owever, you should not undertake any discussions in this regard (or J ndirect!y imply any interest in sei_E?,.~nen~) without_ ~]~:e e>;pre:~s con~en~ of the C~ty Attorney. Correspondence &_J~Jq}l~ni_3~c. Ai] impor%ant decisions wi%h respect to the litigation mus~ be made with our involvement, concurrence and direction. Consequent]y, the City Attorney muse review drafts of al ] pleadings and significant correspondence must be copied on all final correspondence and pleadings. Discovery and Investioation. We take an aggressively defensive posture towards most discovery requests. Therefore, we need the maximum lead time to help you answer them. Please coordinate responsibilities GUJDE t-'ON OUTSIDE LEGAl, COUNSE!, -5- GU][:t I,~n Wor~.0:-3' i - 7/i?,'9~ regarding completion of these request with the City Attorney. When submitting discovery requests, please indicate your recommendations for objections and proposed responses. We expect you to identify information or documentation needed to respond to discovery or to successfully resolve a case. We expect that most investigation of the City's activity can be performed by City staff. Efforts should be made for voluntary exchange of information, joint defense agreements with other defendants in preparing motions and conducting discovery, and early settlement conferences with opposing counsel. Experts. Retention of outside consultants and experts is subject to our prior approval. staffinq. We expect you to use good judgement in staffing our cases to provide an excellent defense without incurring unnecessary expense. We assume that basic research, collating of documents, summarizing of testimony and the like will be done by junior lawyers and/or paralegal. We expect that generally only one attorney from your office will attend meetings, arguments and depositions, although we recognize you may need a "second chair" for trials and major hearings. Required Reports. You will be requested to submit a litigation plan and budget within 45 days or sooner after assignment. We expect you to submit a status report to the City Attorney at least quarterly. This report should update the initial case litigation plan and should address damages, liability outlook, and other facnors affecting the probable outcome of th~ case. The budget should follow the form attochcd %o this Guide and be updated J f nece:~:;ary wJEh you? cuarterlv ueporL. GL,']DN I:'OP. OUTS/I)E LEGAI, COU14SKI. -6- LITIGATION PLAI~ AND BUDGET CASE: FILE: ATTORNEY HANDLING: DATE PREPARED: PLAN A. Nature of suit: B. Amount of claim/remedy: C. Theory of Defense: D. Exposure: Settlement authority $ Date $ Da%e Settlement proposal $ Date (PL) $ Da~e Settlement offered $ Dar(~ (DEF) e o~,:uement oR correcLive action' II. PRE-TRIAL A. Initial Pleadinqs and Research t. .Answer to ComplaJnt/Petiti©~ 2. Othe~ Pleadings (speci£y) Estimated Estimated Time Cost ( Research Expenses Other (travel) Discovery 1. Interrogatories 2. Deposition(s) (specify) 3. Expert Fees 4. Report Preparation 5. Research 6. Expenses 7. Other (Discovery Motion) Pre-Trial/Arbitration 1. Mediation/Arbitration (Total cost, preparation and hearing) 2. Settlement Conferences 3. Pre-trial Preparation (including Motions) 4. Nesearch 5. E×penses Pre-Trial Total III. TRIAL days per da}, Expert Witness BUDG ET - 2 - at Estimated Time Estimated Cost Research Expenses Trial Total IV. COMMENTS: BUDGI:;T -3- ~i][,(',[ !larl },,',')f'k ~i.4; i AGENDA BILL BREMERTON CITY COUNCIL 3~[JJ~F. CLTJ ORDINANCE NO. ,,,z//'~/~ ~' Amending legislative and administrative controls on the budget. FOR AGENDA OF: Sept. 17, 1997 ORIGINATING DEPT: Treasurer ORIGINATOR: R. H~-n~-aa DATE SUBMITTED: Sept. 4~ 1997 ' 2. CLEARANCES: Comment of back if necessary) Dir. Admin. Ser. ~ City Attorne ~y....~~~- - 3. EXHIBITS: Proposed Ordinance Text of Current BMC 3.02.030 APPROVED BY COUNCIL PRESIDENT FOR SUBMITTA COUNCIL PRESIDENT 4. SUMMARY STA~ [-MENT AND REQUIREMENT FOR COUNCIL ACTION: Due to an editing error, the portion of Ordinance No. 4601 which changed BMC 3.02.030 did not properly reflect the language prior to the proposed changes. This correcting ordinance will eliminate that error and properly state BMC 3.02.030. 8. RECOMMENDATION: Motion to approve the proposed ordinance on first reading. Motion to pass Ordinance No. 'z//~on second reading. 9. RESPONSIBLE OFFICIAL: Treasurer ENFORCEMENT OFFICIAL: Mayor EXPIRATION DATE: N/A REVIEW DATE: N/A PULLED COUNCIL DIRECTIVE: TABLED 10. NOTICE OFACTION APPROVED DISAPPROVED AMENDED 2. CLEARANCE COMMENTS; 5. IMPACT ON NON-PASSAGE: The current ordinance will remain in effect with inconsistent terms. 6. IMPACT ON STAFFING. BUDGETS. FACILITIES. EQUIPMENT OR OTHER RESOURCES; None 7. RESEARCH SOURCES; Ordinance No. 4601 BMC 3.02 AN ORDINANCE repealing portions of Ordinance 4601 and BMC 3.02 and setting forth legislative and administrative controls on the budget of the City of Bremerton. The City of Bremerton does ordain: Section 1. Repeal, New Section. Ordinance No. 4601, Section 3 and BMC 3.02.030 are hereby repealed and a new section 3.02.030 adopted to read as follows: 3.02.030 ADMINISTRATIVE BUDGET ADJUSTMENTS - The Mayor may authorize the transfer of appropriations between Category Groups within Departments. Each authorization is limited to $10,000 except authorizations made to correct technical errors in classification of projects or tasks to a Category Group which can be in any mount. Only one such adjustment may be applied to any Category Group within a department in a fiscal year. These authorizations may not result in the addition or deletion of capital projects or items and shall be accomplished in a manner which provides for audit review. Further, the Mayor is empowered to authorize recruitment for and filling of a permanent position at a level lower than that approved in the adopted budget. Section 2. Effective Date. This ordinance shall become effective ten (10) days after passage and publication. Approved by the City Council of the City of Bremerton this day of' ,,1997. Passed by the City Council of the City of Bremerton this , 1997. day of Approved this day of DAVID FARK, Council President ,1997. ATTEST: LYNN HORTON, Mayor KATHLEEN L. McCLUSKEY, City Clerk Chapter 3.02 BUDGET STRUCTURE AND POLICY Sections: 3.02.010 3.02.020 3.02.030 .3.02.040 3.02.050 3.02.060 BUDGET STRUCTURE. GENERAL BUDGET POLICY. EXCEPTIONS TO GENERAL BUDGET POLICY - MAYOR. EXCEPTIONS TO GENERAL BUDGET POLICY - FISCAL AND BUDGET COMMITTEE. RETENTION OF ULTIMATE BUDGET AUTHORITY BY THE CITY COUNCIL. ORDINANCE I~M;PLEMENTATIO N. 3.02.010 BUDGET STRUCTURE. The adopted annual budget of the City of Bremerton shall consist of various Funds and Departments within those Funds as provided in the chart of accounts pursuant to statute. Each Department shall contain four (4) distinct Category. Groups, ~vhich shall be classified as Personnel, Supplies, Services and Taxes, Debt Service and Capital Expenditures. (Ord. 4332 § 1, 1991; Ord. 3964 §1, 1985). 3.02.020 GENERAL BUDGET POLICY. Except as specifically author/zed in subsequent sections of ti'ds Ordinance, no administrator or legislator shall expend or authorize expenditure of monies that would cause or result in the overex'penditure of any budget Category group. Further, no administrator shall employ or authorize the employment of a person into a permanent position not specifically authorized in the adopted budget. (Ord. 4332 §2, 1991; Ord. 3964 {}2, 1985). 3.02.030 EXCEPTIONS TO GENE tLa,.L BUDGET 3-1 POLICY - MAYOR. The Mayor is empowered to authorize-~ appropriations between Category Groups within Departments. Such transfer and expenditure- authorizations shall be accomplished in a manner ~ which provides for audit review. Individual '~ authorizations may not exceed $5,000 or ten (10) percent of the Category Group from which funds I are transferred, whichever amount is less. Only] one such adjustment may be applied to any / Category Group in a fiscal yea~_.J~e May;r authorize reappropriation of surplus funds budgeted for capital e.,cpenditures, provided that such authorization does not result in the depletion of approved capital outlay projects or items. The Mayor shall not authorize any transfer which adds a capital outlay project or item to the adopted budget unless such addition has the prior approval of the City Council Fiscal and Budget Committee. Further, the Mayor is empowered to authorize remitment for and filling of a permanent position at a level lower than approved in the adopted budget. (Ord. 4332 §3, 1991; Ord. 3964 §3, 1985). 3.02.040 EXCEPTIONS TO GENERAL BUDGET POLICY - FISCAL AND BUDGET COMMITTEE. The CiD' Council Fiscal and Budget Committee is empowered to authorize the addition or deletion of capital outiay projects and items, pro,rider that individual deletions or additions do not exceed a cost of $5,000. Further, the Committee is empowered to authorize the transfer and expenditure of appropriations between Category Groups to accomplish capital outlay additions and/or to reappropr/ate surplus funds generated by capital outlay deletions. Such transfer and expenditure' authorizations shall be accomplished in a manner which provides for audit review. In exercising this exception authori~', the Committee shall not deviate fi.om the policy outlined in the adopted budget, nor shall it authorize any budget adjustment that exceeds the total Department appropriation. Denials of requests for authorizations allowed in ti'ds section may be appealed to the City Council. All adjustments related to capital expenditures AGENDA BILL BREMERTON CITY COUNCIL ~ ORDINANCE NO. ~X'~Z) Setting policy for the disposal of personal property of the City. /~/- ?'-~ FOR AGENDA OF: Sept. 17, 1997 ORIGINATING DEPT: Treasurer~ : ORIGINATOR: R. Hanna DATE SUBMITTED: Sept. 4, 1997 ' 2. CLEARANCES: Comment of back if necessary) Dir. Admin. Ser.~ City Attorne~ .~ Council Fis¢.al & B ~ 3. EXHIBITS: Proposed Ordinance Fixed Asset Policy APPROVED BY ~JNCIL~SID.~T FOR SUBMITTA 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The City does not presently have a policy governing the disposal of its personal property. The proposed policy would delegate portions of the Council's authority in this area to the administration and to the Fiscal and Budget Committee. Authority to surplus items with value greater than $10,000 is reserved to the Council. 8. RECOMMENDATION: Moron to approve the proposed ordinance on first reading, Motion to pass Ordinance No.~..~/~ on second reading. 9. RESPONSIBLE OFFICIAL: Dir. Admin. Serv. ENFORCEMENT OFFICIAL: Mayor EXPIRATION DATE: N/A REVIEW DATE: N/A PULLED COUNCIL DIRECTIVE' TABLED 10. NOTICE OF ACTION APPROVED DISAPPROVED AMENDED 11. AGENDA BILL NO: ~ 7- ,,~--I 5 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: The City will continue to lack a formal written policy in this area. 6. IMPACT ON STAFFING. BUDGETS. FACILITIES. EQUIPMENT OR OTHER RESOURCES: None 7. RESEARCH SOURCES: RCW 'FRies 35, 39, 42, 46 and 63. Ordinances and or policies from the cities of SeaTac, Mill Creek, Tumwater and Bellingham. Setting policy and prescribing procedures for disposition of personal property which is surplus to the needs of the City and adding Chapter 2.79 to the Bremerton Municipal Code. CITY OF BREMERTON DOES HEREBY ORDAIN: Section 1. New Chapter. A new chapter, 2.79 PERSONAL PROPERTY DISPOSAL, is hereby added to thc Bremcrton Municipal Code to read as follows: 2.79.010 POLICY. The City of Bremerton shall utilize to the maximum extent practical all personal property before declaring it to be surplus. Once declared surplus, the property will be disposed of in the manner most advantageous to the citizens of the City. 2.79.020 DEFINITION. For the purposes of this Ordinance surplus personal property is anything that is subject to ownership by the City, is tangible and is moveable (not permanently affixed) and for which the City has no foreseeable use or need to continue ownership. 2.79.030 ADMINISTRATION. Under the direction of the Mayor, the Purchasing Supervisor, or such other officer as may from time to time be appointed, is responsible for the administration of this policy. 2.79.040 INITIAL PROCEDURE. A City department responsible for property which it wishes to declare surplus shall provide the Purchasing Supervisor with a detailed description of the property, its location and condition, and its estimated value in "as is, where is" condition. If the department is unable to make the estimate, the Purchasing Supervisor shall determine the reasonable market value. The Purchasing Supervisor shall then: a. Determine if any other department of the City has use for the property. If such a use is found, the Purchasing Supervisor shall carry out the transfer of ownership and shall ensure that, if necessary, the fund disposing of the property is reimbursed for its reasonable market value. b. If the property is not needed by the City, the Purchasing Supervisor may dispose of the property by one of the approved methods listed herein. 2.79.050 SURPLUS PROPERTY OF FIVE THOUSAND DOLLARS OR LESS IN VALUE. Approval of the City Council is not required for the sale or disposition of any City- owned surplus property with an estimated value of five thousand dollars or less. When such property has been certified for disposition by a department director, sale or disposition shall be made by the Purchasing Supervisor in accordance with methods described in section 2.79.080. Items having a nominal value may be disposed of in any reasonable and prudent manner or the Mayor may donate the item to a specific bona fide charitable organization which is tax exempt pursuant to Internal Revenue Code Sec. 501(c)(3). 2.79.060 SURPLUS PROPERTY BETWEEN FIVE THOUSAND DOLLARS AND TEN THOUSAND DOLLARS IN VALUE. The Council Fiscal and Budget Committee has authority to direct disposition of surplus property with an estimated value between $5,000 and $10,000. The procedure is as follows: a. Fiscal and Budget Committee shall examine a report of the Purchasing Supervisor at a public meeting, and shall direct the Purchasing Supervisor to dispose of the property in one or more specified ways. The Fiscal and Budget Committee may also impose such reasonable conditions of disposition as shall be in the best interests of the City. b. The Purchasing Supervisor shall then dispose of the property in the manner specified, and shall ensure that the proper fund is credited with any resulting proceeds. Any cost incurred in the sale shall then be paid from the receiving fund. (i.e. auctioneer commission, advertising, etc.) c. If the Purchasing Supervisor cannot dispose of the property in the manner specified, he shall report to the Fiscal and Budget Committee and make recommendations for further action. 2.79.070 SURPLUS PROPERTY WITH AN ESTIMATED VALUE OVER TEN THOUSAND DOLLARS. Disposition of surplus property with an estimated value over ten thousand dollars must be approved by a majority of the City Council. The procedure is as follows: a. The Fiscal and Budget Committee shall consider the report of the Purchasing Supervisor and shall then either make its recommendations to the full Council, or give further directions to the Purchasing Supervisor. b. The full Council shall consider the recommendations of its Fiscal and Budget Committee, and may then: 1. Approve the disposition; 2. Approve the disposition with additional special conditions; or 3. Disapprove the proposed disposition, whereupon it shall give the Purchasing Supervisor directions for further action. 2.79.080 METHODS OF DISPOSITION. Permissible methods of disposition of surplus property include, but are not limited to: 2 a. Public auction; b. Solicitation of written bids; c. Negotiated sale for approximate fair market value; or d. Transfer to another agency of government at or below reasonable market value in accordance with RCW 39.33. 2.79.090 UNCLAIMED PROPERTY. In addition to the provisions of RCW 63.32, unclaimed property in the possession of the police department will be itemized and declared surplus throush the City Council each calendar year. Unclaimed bicycles and toys will be donated to non-profit charitable organizations for use by needy persons. The Purchasing Supervisor shall notify local non-profit charitable organizations that they may petition the City for bicycles and toys for distribution to the needy. Such notification shall include a statement that the property may not be resold. The Purchasing Supervisor shall determine the distribution of the property between all eligible organizations on an equitable basis and notify the Mayor of the determination. Upon final approval by the Mayor, a letter advising each affected organization of the determination will be sent with a copy to the City Police Chief. In the event that no non-profit charitable organization requests the property, it will be disposed of as provided elsewhere herein. 2.79.100 CITY EMPLOYEES. City employees shall not directly or indirectly take or dispose of city property other than in their official duties. This includes but is not limited to articles of clothing, supplies, tools and vehicles. Items owned by the City found to be unfit for further service on the job shall be turned in to a designated point within the department. As the number of items turned in justify, they will be declared surplus and sold as directed by the Purchasing Supervisor. No City owned item shall be turned over to an individual (employee or other person) for their personal use other than items purchased by employee clothing allotments. Items found by City employees in the course of their duties and not falling into one of the following areas shall be turned in to the department head as a "lost and found" item: a. Those that are perishable; b. Those that would create a health or safety problem if stored; or c. Those items that would reasonably be considered garbage. Items found and fitting into one of the above categories may be disposed of as seems reasonable. Other items will be turned in as "lost and found" items and disposed of as provided elsewhere herein. RCW 63.21.070 specifically disallows employees from personally keeping any property found in the course of employment. 3 Employees shall not request and will not receive any preferential treatment in the disposal or sale of City surplus material. Likewise employee and retired employee organizations shall receive no special prices on the sale of surplus. Exception: The City has a significant investment in computers being used for ongoing and daily business operations. It is the policy of the City to promote and foster a growing knowledge and skill level in the understanding and operation of computers among employees. To this end, it is in the City's best interest to permit City employees to purchase surplus computer equipment for their personal use. Therefore, surplus computer equipment may fi-om time to time be declared surplus and offered for sale to City employees prior to being sold by other means. The price charged the employees for the items must meet or exceed the estimated net income from an auction sale. Certain City employees are excluded from purchasing items from the City by Washington State law. These include those directly involved in declaring items surplus, elected officials, and those administering the sale. RCW 42.23.030(6). 2.79.110 STATUTORY EXCEPTIONS. Certain provisions of the Revised Code of Washington impose special conditions for the disposition of municipal property. Where necessary, City officials shall comply with those laws, treating them as limited exceptions to this policy. Exceptions include, but are not limited to, the following as they may from time to time be amended: a. RCW 35.21.088 - equipment rental; b. RCW 35.21.660 through .690, .725 through .755 - transfers to municipally chartered corporations; c. RCW 35.94 - surplus utility property; d. RCW 39.33 and .34 - intergovernmental agreements; alternate method for intergovernmental disposition of property; e. RCW 46.52 - disposition of abandoned junk motor vehicles; and f. RCW 63.21 and 63.32 - unclaimed property. APPROVED by the City Council of the City of Bremerton this ,19 day of 4 PASSED by the City Council of the City of Bremerton this , 19 day of DAVID FARR, Council President APPROVED this day of ,19 ATTEST: LYNN HORTON, Mayor KATI-ILEEN McCLUSKEY, City Clerk INDEX I EFFECTIVE DATE: 11/1~/88 Real Property/Assets [ APPROVED 1-20-01 I REVISED DATE: 9/9/97 POLICY The City of Bremerton will maintain accountability for all real and personal property acquired and disposed of by the City. Accounting and inventory of fixed assets will be coordinated by Administrative Services. Each respective Director will be responsible for the physical control of departmental fixed assets. DEFINITION For purposes of this policy, an asset is defined as any real or personal property acquired by the City having an extended life, is not consumed by use and, either, has an initial cost of $2,500 or more, or is a computer hardware system. A computer hardware system is defined as 1) a personal computer including processor, keyboard and monitor and any nominal peripheral component; 2) printers; 3) scanners; 4) computer peripherals that are not nominal in value. Fixed Assets do not include 1) depletable resources such as minerals and timber; 2) public domain infrastructure (e.g. roads, bridges, sidewalks and other assets that are immovable and of value only to the City); 3) the cost of normal maintenance and repairs that do not add to the value of the asset or materially extend the asset's life. PURPOSE The purpose of the asset inventory system is to 1) maintain continuing accountability; 2) fix stewardship responsibility; 3) provide a basis for repair and maintenance programs; 4) provide a basis for capital improvement and capital budgeting activities; 5) prepare financial reports and insurance information. PROCEDURE A. Acquisition All acquired fixed assets will be authorized in the current budget. Administrative Services will be responsible for processing and maintaining all accounting and inventory records including the following steps: Verifying :Purchase Orders for correct bars codes, project numbers and proper departmemal and budgetary authorization for fixed assets. 1 FIXEDA~SEr20L Upon Claim Payment, preparing as,set sheets for data. entry and issuing inventory tags for dism'bution as follows: eo All Computer Equipment - Information Services Manager Vehicles - Fleet via Treasurer Land, Buildings, Improvements - Deputy City Clerk All other fixed assets will be ta~ed by designated personnel to verify receipt and id~~ information in conjunction with the receiving department. Assets tied to projects will be accumulated until project is complete, then tagged - Treasurer All departments that are party to a fixed asset transfer will advise Administrative Services expeditiously. C. Disposal Real and Personal Property will be disposed of pursuant to BMC 2.78 and 2.79 and related Policy and Procedures. D. Inventory Administrative Services will coordinate periodic verification of fixed assets through a staggered departmental inventory confirmation. The City Auditor will complete at least one departmental inventory audit per year. E. Loss of Assets In the event aa asset is stolen, vandalized, destroyed or lost, the affected department must report the loss to Administrative Services expeditiously. 2