HomeMy WebLinkAbout12/21/05 AGENDA
FILE
CITY COUNCIL 345 6th Street, Suite 603, Bremerton, WA 98337-1873 03 (360) 473-5280
DECEMBER 21, 2005
CITY COUNCIL MEETING AGENDA
1. PRE-COUNCIL STUDY SESSION: 5:00 - 5:30 P.M. in COUNCIL CONFERENCE ROOM 603
A. General Council Business
2. CALL TO ORDER: 5:30 P.M. in COMMUNiTY CHAMBERS LOCATED ON FIRST FLOOR
A. Pledge of Allegiance
B. Invocation
3. MAYOR'S REPORT
4. PUBLIC SERVICE ANNOUNCEMENTS
5.
CONSENT AGENDA
A. Claims & Check Register (#AB05-289)
B. Purchase of Property Insurance (#AB05-290)
C. Acceptance of Public Works Trust Fund Loan Agreement PW-05-691-PRE-135 (#AB05-291)
D. Contract Award to L YDEL CONSTRUCTION for project titled "12-lnch Transmission Main, Union
Avenue to Pump Station 4" (#AB05-292)
E. Purchase of inHANCE Utility Solutions Billing Software by HARRIS (#AB05-293)
F. Professional Services Agreement with RIVER OAKS COMMUNICATIONS CORPORATION for
Consulting Services relating to Cable Franchise Renewal Process (#AB05-294)
G. Assistant City Attorney Position (#AB05-295)
H. Resolution No. 2983, authorizing the extension of an interfund loan from the Equipment
Rental Reserve Fund to the Civic Improvement Fund (previously authorized by Resolution
No. 2760) (#AB05-296)
I. Resolution No. 2984, authorizing the extension of an interfund loan from the Equipment
Rental Reserve Fund to the Wastewater Utility Fund (#AB05-297)
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6. PUBLIC HEARING
A. Resolution No. 2985, approving Waterside Lane Final Plat and Planned Unit Development,
File BP04-00231 - Closed Record Hearing (#AB05-298)
B. Habitat for Humanity of Kitsap County Request for $307,000 in HOME Program Funds
(#AB05-299)
CONTINUED ON BACK...
II Americans with Disabilities Act (ADA) accommodations provided upon request. Those requiring special
accommodations should contact the City Clerk's Office at (360) 473-5323 by noon on the Monday preceding the
Council meeting." .
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7." GENERAL BUSINESS
A. Professional Services Agreement with TAX RECOVERY SERVICES, LLC to perform Business &
Occupation and Utility Tax Audits (#AB05-300)
B. Ordinance No. 4960 to amend Ordinance No. 4947, which amended the FY2005 Budget as.
originally adopted by Ordinance No. 4921 (#AB05-301)
8. PUBLIC RECOGNITION
9. COUNCIL MEMBER REPORTS
10. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING
CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337 03 Phone (360) 473-5280
PROCLAMATION
WHEREAS, young people need caring, supportive, and consistent adult
role models in their lives to encourage positive development; and
WHEREAS, mentoring is a proven strategy to improve school attendance
and academic performance, and to reduce violent and substance abuse among
young people; and
WHEREAS, Kitsap County has a number of quality mentoring programs
that are in need of more mentors to provide friendship and guidance for children
and youth; and
WHEREAS, January 2006 has been designated National Mentoring Month
with the strong support of President George W. Bush, the US Congress, and
endorsed by the Governor and Lieutenant Governor of Washington State; and
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WHEREAS, we, the City of Bremerton, State of Washington, recognize the
value of our youth and the tremendous benefits that mentoring provides.
NOW, THEREFORE, be it resolved that we, the City Council of the City of
Bremerton, hereby endorse and support the Month of January 2006 as
Kitsap County Mentoring Month
and encourage citizen support and involvement in mentoring.
DATED this 14th day of December 2005.
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Daren Nygren, President
Bremerton City Council
DATE SUBMITTED:
BILL# uS-- 28""7
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
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SUBJECT:
Claim & Checks Register Approval
Committee Meeting Date:
COUNCIL MEETING Date: /;(-.::?/-D::;-
Department: Financial Services
Presenter: Cathy Johnson
Phone:
SUMMARY:
ATTACHMENTS:
FISCAL IMPACTS (Include Budgeted Amount):
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
FISCAUBUDGET: I CONSENT AGENDA J:><J I
OPERATIONS: ~
COUNCIL PRESIDENT: y~ I ~__
RECOMMENDED MOTION: Move to approve:
1) Check #'s 1'0 lf6&O- 30 Y~33
EFT's Y? 3 (;, - P--7 YS-
$ /) d.f/~ 9W: S-~
2) Regular Payroll for
$
3) Retiree Payroll for
$
COUNCIL ACTION: ~prove
D Deny
D Table
D Continue D No Action
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q '~;'I~.DAtE SUBMITTED: December 7,2005
BILL # oS - ~ (i~i) _
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AGENDA BILL
CITY OF BREMERTON ~B
CITY COUNCIL ~.
.....................a..................................................................
SUBJECT: Purchase of Property Insurance
Committee Meeting Date: Dec. 14,2005
COUNCIL MEETING Date: Dec. 21, 2005
Department: City Attorney's Office /)
Presenter: Peggy Lesser ';';:':1K~
Phone: 473-5302 \
SUMMARY: Bremerton's property insurance expires on December 31,2005. Renewal
specifications have been marketed to a variety of insurers. Market responses and the Risk Manager's
recommendation are summarized in the handout provided to City Council members.
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ATTACHMENTS: None
o FISCAL IMP ACTS (Include Budgeted Amount): The 2006 budget includes sufficient funds to
cover this expenditure.
,
APPROV ALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
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FISCAL/BUDGET:
OPERATIONS:
COUNCIL PRESIDENT:
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RECOMMENDED MOTION: Move to authoriz he Risk Manager to purchase property insurance
in accordance with the recommendations summarized in the December handout provided to City
Council.
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COUNCIL ACTION: D Approve D Deny D Table
D Continue D No Action
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2006 Property Insurance Purchase
1. Currently insured with Affiliated FM Insurance Company (rated A+) for 2005
A. Loss limit is $40 million
B. $100,000 deductible
C. Blanket coverage with insured values of $233 million
D. Earthquake and flood coverage only applies to WWTP and Conference Center
E. Current premium is $171,062
F. Expires 12/31/05
II. Renewal Proposal
A. Increase the loss limit to $45 million to cover the exposure at WWTP
B. Maintain $100,000 deductible
C. Maintain blanket coverage with insured values of$264 million (13% increase)
D. Maintain earthquake and flood coverage on WWTP and Conference Center only
E. Renewal premium quote from Affiliated FM is $191,957. This is an increase of
approximately 12%.
F. Other insurer's responses
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1. Cities Insurance Authority of Washington - unable to compete
2. Lexington Insurance - does not have sufficient capacity
3. CNA Insurance - no response yet
G. Recommendation - Renew coverage provided by Affiliated FM
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AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
BILL # OS-J~(
.' DATE SUBMITTED: December 5, 2005
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SUBJECT: Acceptance ofPWTF Loan
Agreement No. PW-05-691-PRE-135
Committee Meeting Date: December 14,2005
COUNCIL MEETING Date: December 21, 2005
Department: PW&U, Engineering
Presenter: Tom Knuckey
Phone: 473-2376
SUMMARY: The City has been awarded a $200,000 Public Works Trust Fund Loan to partially
fund design of the upgrade to the Wastewater Treatment Plant. The upgrade will provide for
redundancy of several processes at the plant, and will additionally address reliability concerns with
existing equipment. This loan will provide matching funds for an existing State and Tribal Assistance
Grant that will partially fund the project. This loan agreement is under the same terms and conditions
as prior agreements.
A TT ACHMENTS: Council Summary
FISCAL IMPACTS (Include Budgeted Amount): Funds would not be available to complete the
project design.
RECOMMENDED MOTION: Move to approve Pti lic Works Trust Fund Loan No. PW-05-691-
PRE-135 and authorize the Mayor to finalize and execute the loan agreement.
APPROVALS:
o DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
FISCAL/BUDGET:
OPERATIONS:
COUNCIL PRESIDENT:
COUNCIL ACTION: 0 Approve 0 Deny 0 Table
abl Agenda Bills 2005/PWTF Loan Agreement PW05691 PRE 135
D Continue D No Action
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COUNCIL SUMMARY
WASTEWATER TREATMENT PLANT UPGRADE
Contract Summary
The purpose of the WWTP Upgrade project is to address equipment redundancy and
aging equipment needs to maintain continued reliable operations of the treatment plant.
Additionally, odor control at the plant will be evaluated during the design of the proposed
new and expanded facilities. Improvements to the existing odor control system will be
made through equipment upgrades to reduce fugitive odors if required.
The project has the following elements:
. Construction of a new truck bay biosolids loading facility or expansion of the
existing facility, and purchase of new hauling vehicles ,
. Installation of new engine generator(s) and associated electrical improvements
. Installation of new sludge thickening equipment (Gravity Belt Thickeners)
. Installation of a new dewatering centrifuge and pump system
. Installation of a new boiler
. Installation of a new headworks screen and replacement of various hydraulic
gates.
. Miscellaneous associated site work.
This provides the matching funds for design of these improvements.
Fiscal Summary
Funding for the Wastewater Treatment Plant Upgrade project is from a
combination of Grants and Loans. Total project Cost (Design and Construction)
is estimated at approximately $6,100,000; the 2006 budget is $740,000.
Existing and proposed sources of funds:
Loan/Grant STAG Grant - PWTF - In SRF- PWTF -
in hand Hand Proposed Proposed
Amount $1,746,000 $200,000 $1,000,000 $3,154,000
Loan Fee N/A N/A N/A N/A
(included in
Loan Amount)
Match Required 45% 15% N/A 15%
Term N/A 5- Years (Note 1) 20- Years 20- Years
Interest Rate N/A 0.5% 1.5% - 2.5% 0.5%
Annual Debt N/A $40,500 $58,000 (1.5%) $166,000
Service $64,000 (2.5%)
(approx.)
Notes:
1. The term of the PWTF design loan can be increased to 20-years if the City has
secured construction financing by June 30,2007. The City intends to submit a
PWTF Construction loan application in May, 2006.
2. $1M SRF application submitted on 10/25/2005.
City of Bremer ton
WWTP Upgrade
Decemher 2005
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DATE SUBMITTED: December 5, 2005
BILL # ~a...
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
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............................................................................................
SUBJECT: Contract Award - 12-Inch
Transmission Main, Union Avenue to Pump
Station 4
Committee Meeting Date: December 14,2005
COUNCIL MEETING Date: December 21,2005
Department: PW &U, Engineering
Presenter: Michael Mecham
Phone: 473-5288
SUMMARY: This project will construct approximately 1,325-feet of new 12-inch water
transmission main from Pump Station 4 to Union Avenue. The work was originally advertised for
bids; however, no bids were received. Staffs subsequently entered into negotiations with two
contractors, and have successfully negotiated a contract with Lydel Construction for construction of
the work. The negotiated cost of the contract is $173,412.78 (including sales tax).
ATTACHMENTS: 1) Council Summary
FISCAL IMPACTS (Include Budgeted Amount): The project is fj.mded by a Drinking Water State
Revolving Fund (DWSRF) Loan (Loan #02-65102-004) for $1,058,760. The loan is also funding the
Pump Station 4 Replacement project. This project is included in the capital projects list for the
recently completed rate study, the current Water System Comprehensive Plan, and the CIP. The 2006
budget for this project is $400,000.00.
APPROVALS:
DEPARTMENT DIRECTOR.
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
FISCAL/BUDGET: I ~
OPERATIONS: l~ ~ . CONSENT AGEN~
COUNCIL PRESIDENT: -r:>1J\A--. (. ~~
RECOMMENDED MOTION: Move to award a contract in the amount of$173,412.78 (including
sales tax) with Lydel Construction for construction of the project titled "12-Inch Transmission Main,
Union Avenue to Pump Station 4" and authorize the Mayor to finalize and execute the necessary
contract documents for construction.
COUNCIL ACTION: D Approve D Deny D Table
ab/ Agenda Bills 200S/Contract Award 12 Inch Trans Main, Union Ave to PS 4
o Continue D No Action
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COUNCIL SUMMARY
12-INCH TRANSMISSION MAIN, UNION AVENUE TO PUMP STATION 4
Contract Summary
This project will install approximately 1,325 linear feet of new 12-inch diameter ductile
iron water transmission main from the existing transmission main in Union Avenue to the
new Pump Station 4, which is to be constructed under a separate contract. The existing
water main is an 8-inch diameter, cast iron, combined transmission/distribution main.
The capacity of the existing main is insufficient for the design capacity of the new pump
station.
This project was advertised for bids in August, 2005. No bids were received, allowing
staff to enter into direct negotiations with a contractor. Proposals were received from
Hisey Construction and from Lydel Construction. Lydel Construction had the lowest cost
proposal and we proceeded with negotiations with them. The negotiated price for the
contract is $173,412.48. The engineer's estimate for the work was $158,925.00. The
construction will be completed within 30 days of Notice to Proceed. The estimated
completion date is March 1, 2006.
This project is included in the capital projects list for the recently completed rate study,
the current Water System Comprehensive plan, and the CIP.
Fiscal Summary
The project is funded by Drinking Water State Revolving Fund (DWSRF) Loan No. 02-
65102-004. The loan has been executed and the loan terms are as follows:
Loan Amount =
Loan Fee (included in Loan Amount) =
Match Required =
Term =
Interest Rate =
Annual Debt Service (Approx) =
$1,058,760.00
$20,760
$0
20-years
1.5%
$61,668
This loan is also funding the Pump Station 4 Replacement project at a contract amount
of $580,032.60.
City of Bremer ton
12-inch Transmission Alain. Union Avenue to Pump Station 4
December 2()()5
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DATE SUBMITTED: 12/7/05
BILL # OS- -.}.13
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
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SUBJECT: Purchase of Harris inHANCE
Utility Billing Software
Committee Meeting Date: 12/14/Q5
COUNCIL MEETING Date: 12/21/05
Department: PW&U, AdminlUtility
Billing
Presenter: Phil Williams
Phone: 360-473-5315
SUMMARY: The current Utility Billing software has been in use approximately 18 years, since the
late 1980's. While still functional, it is out-dated and extremely difficult to obtain statistical data,
unable to provide for electronic payments, electronic bill presentation, or other "modem applications".
A Request for Information was prepared, advertised and responded to in Apri1/May 2005. Seven (7)
RFI proposals were submitted and the prospects were narrowed to four. There were presentations of
the software offered by each company, and attended by various users of the current system. A
committee of four evaluated these packages and Harris was selected as the best choice to serve the
needs of the City.
ATTACHMENTS: 1) Selection Process, 2) Draft Harris End User License Agreement, 3)
Attachment "A" - Proposal Specification, 4) Attachment "B" - Payment Schedule, 5) Maintenance and
Product Support Program Terms and Conditions.
FISCAL IMPACTS (Include Budgeted Amount): The estimated cost is $103,000. The software
acquisition, implementation, conversion and training was budgeted for $101,500 in 2005 and
$101,500 in 2006. The costs will be split at 45% in Water, 45% in Wastewater and 10% Stormwater.
FISCAL/BUDGET:
OPERATIONS:
COUNCIL PRESIDENT:
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
RECOMMENDED MOTION: Move to approve the recommended purchase of in HANCE Utility
Billing software package offered by Harris and authorize the Mayor to finalize and execute the
necessary contract documents for the purchase.
o COUNCIl, ACTION: 0 Approve 0 Deny D Table
o Continue 0 No Action
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UTILITY BILLING SELECTION PROCESS - 2005
In May 2005, there was a Request for Infonnation mailed to known software companies,
as well as put on the City's website and published in trade journals. Ofthe seven (7)
companies that responded, a committee of four City of Bremerton employees evaluated
the proposals, narrowing the possible choices to four. The evaluation committee was Bill
Eley, Ann Finnegan, Wayne Hamilton, and Cathy Johnson. This is the same team that
evaluated our current system 18 years ago, and that now have an additional collective 72
years of experience in Utility Billing/Operations/Finance/Technology.
The choices were Progressive Solutions, Inc, Harris Computer Systems, Inc, Sungard
Pentamation, Inc and Springbook Software. Each company was invited to demonstrate
their products, and users from various City departments attended these demonstrations.
After each presentation, the users were requested to offer their opinion of the product and
to give a preference on the choices. A matrix was created to score each software product,
including such items as how the software handled basic billing and meter functions,
electronic options, customer service, ease of navigation thru the system, retrieval of data
for statistics, report writing, GIS capabilities, cost, and if it met our overall RFI criteria.
Even though all products had excellent capabilities and features, two products stood out
that were matched very closely. This was Harris and Springbook. Harris estimated our
package cost, including the utility billing suite, conversion, training and minimal
customization at $103,000; while Springbook was $173,900. To further critique these
systems, the evaluation team contacted local users and made site visits to see the software
in use and to hear user response to the service and product. We received very positive
comments from all the users.
After much deliberation over these products, the team chose the Harris product, known as
inHANCE to be the best choice for the City. Weare excited and look forward to firming
a contract and implementation of the software in 2006.
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--'--H-'7t\ R R J S
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EnHANCE
utility solutions
Proposal Specification
Attachment "A"
City of Bremerton
November 30,2005
1.0 Software License: i-nHANCE Utility Solutions
Service Locations: 16,500
Number of Concurrent Users: 12
Number of Metered Services: 1 - water/sewer/storm water
Software Components: (per Product Description, attached)
Utility Billing and Customer Information Management
· Customer Information Command Center
· Service Location Information Command Center
· Meter/Device Information Command Center
. Utility Billing Administration
· Report Management
· Work Order Management
· Inventory Management
· Journal Maintenance
· General Ledger Configuration
· Technical Services Configuration
· Automated Task Scheduler and Reminders
· User Security/Settings Management
· O-Mail Internal Messaging System
· Crystal Reports Custom Report Writer
· iWEB - Internet Bill Presentment and Payment
2.0
TraininQ
2.1 Training Outline
· 10 Days On-Site - Utility Billing Basic User Training
· 5 Days On-Site - Utility Billing Advanced Training
Ten (10) on-site days for Basic User training and five (5) on-site days for
Advanced training will be conducted at the City of Bremerton office. Each
trainee should have their own workstation for training. The cost for on-site
training is $1,100.00 per day. Those fees are included in this proposal. Travel
and living expenses of Harris trainer are not included and are billable items.
"Day" is defined as one person for eight hours. The client will not be billed for
training classes until they occur.
Harris
112 E. Line Street, Suite 200, Tyler, Texas, 75702.5760 USA
Telephone +1903-535-8222 Facsimile +1903-535-9967 www.harriscomputer.com
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3.0 Imolementation/Proiect Manaaement
3.1 Days required on-site: 10 Days
Cost for on-site Harris personnel is $1,100.00 per person per day. That fee is
included in this quote. Travel and Living expenses are not included and will be
billed separately. Customer will be billed only for on-site days actually used. On-
site implementation help is separate and distinct from training. It involves on-site
project management assistance. "Day" is defined as one person for eight hours,
i.e. two people for one week equals ten days.
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3.2 Data Conversion
Harris will be responsible for converting the existing City of Bremerton database
into the required format for import into the i-nHANCE_system. Conversion will
include customer demographic information and balance forward along with a one
year history of charges, payments and usage. Conversion estimate is based on
16,500 customer records. If it is determined that the existing system has more
than 16,500 records, additional fees may apply.
4.0 Maintenance And Suooort _.
Call in support via 800 line; 8:00 am - 5:00 pm CST availability, Monday through
Friday, normal business days. Software support requires a dedicated US Robotics
Courier Modem, (or Harris approved equal) and dedicated phone line for access.
Minimum Baud rating of 28,800.
5.0 Interface Develooment &. On-Site Discoverv 0
5.1 Days required on-site: 2 Days
Cost for on-site Harris personnel is $900.00 per person per day. That fee is
included in this quote. Travel and Living expenses are not included and will be
billed separately. Customer will be billed only for on-site days actually used. On-
site discovery is separate and distinct from training and implementation. "Day" is
defined as one person for eight hours, i.e. two people for one week equals ten
days.
5.2 Interfaces
Quadrant Systems, Inc. Cashiering System (SQL Server)
Pentamation Financial System (Informix 4GL/4Js)
Kitsap County Land Information System (GIS)
Cartegraph, Inc - Work Order/Inventory System (GIS)
Off site print house and mailing service and lock box service
On-line payment service
Webcheck Canopy Final Billing Service
RMSS - AutoRead
GIS
Estimated Delivery and Schedule:
A Preliminary Project Plan can be submitted upon request.
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Harris
112 E. Line Sti'eet, Suite 200. Tyler, Texas, 75702-5760 USA
Telephone +1903.535-8222 Facsimile +1903-535-9967 www.harriscomputer.com
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Pricing:
Specification Item 1.0, Software License
Utility Billing
Specification Item 2.0, Training
On-Site - Utility Billing Basic User (10 Days)
On-Site - Utility Billing Advanced (5 days)
Specification Item 3.1, Implementation/Project Management
On-site Service (10 Days)
Specification Item 3.2, Data Conversion (based on 16,500 accounts)
Specification Item 5.1, On-Site - Discovery for Interfaces (2 Days)
Specification Item 5.2, Interface Development:
Quadrant Systems, Inc. Cashiering System (SQL Server)
Pentamation Financial System (Informix 4GL/4Js)
Kitsap County Land Information System (GIS)
Cartegraph, Inc - Work Order/Inventory System (GIS)
Off site print house and mailing service and lock box service
On-line payment service
Webcheck Canopy Final Billing Service
RMSS - AutoRead
GIS
$ 35,000.00
$11,000.00
$5,500.00
$11,000.00
$16,500.00
$1,800.00
$3,500.00
$3,000.00
$3,000.00
$5,000.00
$2,000.00
$1,500.00
$2,000.00
no charge
$2,200.00
Proposal Total:
$103,000.00
Specification Item 4.0, Annual Maintenance and Support
Utility Billing
$7,000.00
Harris
112 E. Line Street, Suite 200, Tyler, Texas, 75702-5760 USA
Telephone +1903-535-8222 Facsimile +1903-535-9967 wvvw.harriscol11puter.com
'-1-f-A R R I 5
Comments and Clarifications: 0
1) Computer hardware, network, Microsoft SQL Server 2000 and any additional required items
not noted above, are to be purchased by Client and are not included in this proposal unless
stated above.
2) Client is required to provide pcAnywhere version 9.2 or better for Win 2000 by Symantec to
obtain updates and required maintenance.
3) Client is required to have a CD ROM Burner on their network
4) Crystal Reports report generator is included. An overview of working with Crystal with the
IUS database is Included in the Advanced Training session. Advanced Crystal Reports training
is recommended for system administrators, this is a 3 day training program at a cost of
$1100 per day.
5) One standard 8 V2 x 11 bill format plus 20 hours of custom bill format design work or Crystal
Report programming is included.
6) The Annual Maintenance and Support contract may increase by up to 15% per year,
beginning 24 months from the anniversary date of the annual service contract. The Annual
Maintenance and Support contract will commence upon completion of on-site system
implementation.
7) Client is required to provide dedicated phone line access to server via 56k U.S. Robotics
Modem
8) Pricing does not include any applicable tax.
9) Pricing is valid for through December 31,2005.
10) Proposal is based on the information described within this specification and our best
understanding of the customer's requirements.
11) Not included in this proposal is the integrated third-party Safari Standard Edition Address
Management Solution. The Satori product provides address verification and CASS certification
within the IUS system, negating the need to export/import addresses to an outside source 0
for CASS certification. The cost of this module is $5,000.00.
12) Harris offers an optional database administrator annual support contract which is not
included in this proposal. These services are intended for those accounts without the benefit
of an in-house IT staff. Harris will routinely re-install the database configuration, restore the
database, re-index the database, optimize the database, configure daily back-ups of the
database to the server's hard drives and provide verified notification of low hard drive space
to the customer both verbally and in writing. This service does not include Microsoft SQL
Server or Microsoft SQL Server Support of any kind, the resolution of hardware failures,
software failures, network issues, hardware setup or installation, external backup procedures
or equipment, maintenance, or disaster recovery. The cost for this optional contract is
$2,495.00 per year.
Harris
112 E. Line Street, Suite 200, Tyler, Texas, 75702-5760 USA
Telephone +1 903-535-8222 Facsimile +1 903-535-9967 www.harriscomputeLcom
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HARRIS
END USER LICENSE AGREEMENT
This Agreement (the "Agreement") is made as of the date specified below between HARRIS (hereinafter
"HARRIS") and the undersigned party (hereinafter "Client").
In consideration of the promises and representations set forth herein and other good and valuable consideration, the
receipt and adequacy ofwllch are hereby acknowledged, the parties agree as follows:
1. BACKGROUND. The following terms and conditions apply to
any computer software programs ordered by Client from HARRIS
hereunder and licensed by HARRIS for Client. For purposes of this
Agreement, "Software" means only tbe specific computer software
listed on Attachment "An in object code.
2. LICENSE OF SOFfW ARE.
A. HARRIS grants to Client a limited, non-exclusive, non-
transferable and personal license to (i) install and operate the
serialized copy of the Software for Client's internal, in-house use by
the number of users designated in Attachment A and (ii) make one (1)
archival copy of the Software for back-up purposes only ("Archival
Copy"). Client agrees to affix a conspicuous written label to the
Archival Copy which contains the copyright notice and all other
information printed on the original media from which the Archival
Copy is made. HARRIS retains all rights to the Software and all
other works of authorship of HARRIS not expressly granted in this
Agreement.
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B. This license is not a sale of the original Software or
any copies. HARRIS, or its supplier, retains the ownership of the
Software and all subsequent copies of the Software made by Client,
regardless of the form in which the copies may exist. The Software,
the accompanying written manuals and documentation distributed
with the Software (the "Documentation"), and the Archival Copy are
copyrighted works of authorship of HARRIS or its supplier and may
not be copied, reproduced, modified, distributed or transferred, by
any means or in any form, without the express written permission of
HARRIS. Any unauthorized copying or use of the Software or
Documentation is a violation of this Agreement and may also
constitute a violation of the U.S. Copyright Act for which Client
could be liable in a civil or criminal action.
C. Client may physically transfer the Software from the
designated server to another computer system, provided the Software
is operated only on one server at a time. Client may not electronically
transfer the Software or operate it or any portion thereof in a time-
sharing or service bureau operation. Client may not translate, modifY,
adapt, disassemble, de-compile or reverse engineer the Software, or
create derivative works based on the Software or Documentatiou or
any portions thereof.
D. The Software is provided for use in Client's internal
commercial business operations only and must remain at all times
upon premises owned or leased by Client. Exceot as exoresslv
provided herein Client may not rent, lease, sub-license, sell assign,
distribute, pledge, transfer, encumber, or othelWise dispose of the
Software or Documentation or any rights granted to Client herein, on
a temporary or permanent basis, without the prior written consent of
HARRIS, which will not be unreasonably withheld.
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3. DELIVERY AND TESTING. HARRIS shall deliver the
Software to the Delivery Location as defined on the signature page
hereof. Client agrees to accept as the complete Software that
Software which is listed in this Agreement. If the Client wants
additional Software, HARRIS may offer to provide it. In that case,
the specification, license fees and the delivery date of such additional
Software, together with the terms and conditions that apply, will form
an addendum to this Agreement.
4. CONSULTING AND TRAINING. HARRIS will provide
consulting and training services (hereafter referred to as Professional
Services) agreed to by the parties under the terms of this Agreement.
All Professional Services provided under this Agreement shall be
billed on a time and materials basis at the then current published
prices. Notwithstanding any provisions of this Agreement, HARRIS
may freely utilize any and all ideas, concepts, methods, know-how or
techniques related to programming and processing of data, djscovered
or developed by HARRIS during the performance of Professional
Services.
5. RESPONSmILITIES OF CLIENT. Except as provided herein,
with respect to the Software, Client shall be solely responsible for (i)
their selection of the Software to achieve Client's intended results; (ii)
their use, installation and operation of the Software, except as
expressly set forth in Section 4; (iii) the results obtained therefrom;
(iv) providing a safe and suitable location for installation; (v)
providing and maintaining the appropriate environment for operating
the Software; (vi) data entry and loading of Client data and
maintaining back-up and archival copies thereof; and (vii) designating
one (1) qualified and capable full-time employee to serve as Client's
main point of contact with HARRIS for all purposes with respect to
the Software.
6. PAYMENTS AND TAXES.
A. Payment shall be as outlined in Attachment "B", based
on pricing as oUllined on Attachment "A".
B. Unless specifically noted as included in total price,
Client will reimburse HARRIS for the necessary and reasonable costs
incurred by HARRIS representatives or their agents to perform
Professional Services, or any other services hereunder, for travel and
living expenses and any other reasonable and necessary expenses,
when such services are performed for the Client. Payment for these
reimbursable fees shall be due within 30 days of the date of invoice.
C. Client shall be solely responsible for any and all
taxes and charges relating to the Software including all sales, use and
property taxes, except taxes measured by HARRIS's gross revenues
or net income.
D. Tbe failure of the Client to make any payments on
the dates due, as outlined in Attachment "A", shall constitute a
default. In addition, any of the following events occurring prior to
the full payment by Client to HARRIS shall constitute a default: (i)
refusal to accept delivery of the Software; (ii) the return of the
Software by Client without prior authorization from HARRIS, (iii)
the insolvency or bankruptcy of the Client or the making by Client of
an assignment for the benefit of creditors, or the consent of the Client
to the appointment of a trustee or receiver, or the appointment without
its consent, of a trustee or receiver, for the Client or for a substantial
part of its property; (iv) the institution by or against the Client of
bankruptcy, reorganization, arrangement or insolvency proceedings.
Upon the occurrence of any such default, HARRIS at its option and
without notice to or demand on the Client may declare this..
Agreement in default and thereupon all Software and all rights of the
Client therein shall be surrendered to HARRIS. Client shall pay
HARRIS all costs and expenses including shipping charges,
attorneys' fees, and collection service fees, incurred by HARRIS in
exercising any of its rights or remedies hereunder or in enforcing any
of the terms, conditions or provisions of this Agreement.
7. THIRD PARTY FINANCING. Nothing herein prohibits Client
from obtaining third party financing for the goods to be delivered as
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provided herein. To the extent Client obtains such financing, Client
shall ensure that the following points are clearly set forth in the
agreement between Client and such third party fmancing
organization: (i) the Software is licensed to Client on a non-
exclusive, non-transferable and non-assignable basis solely in
accordance with this Agreement and may not be used by or
transferred in any form to a third party without the prior written
consent of HARRIS, which shall not be unreasonably withheld; and
(ii) in the event Client fails to pay its obligation to the third party
financing organization and the third party financing organization
repossesses any equipment which contains a copy of the Software,
then the Software must be immediately returned to HARRIS.
8. CONFIDENTIALITY AND NONDISCLOSURE. Client
acknowledges the Software and Documentation constitute
copyrighted works of authorship and include confidential information
of HARRIS or its suppliers and represent and embody certain
valuable proprietary information and trade secrets of HARRIS or its
suppliers. Client agrees not to disclose or make available the
Software or Documentation, or any part thereof, to anyone other than
Client's employees and consultants who are required to have access to
the Software or Documentation in the normal course of installation,
operation or use of the Software or Documentation as set forth in
Section 2 and who have a legal duty to protect such trade secrets and
confidential information. Client agrees to implement reasonable
procedures to prevent other persons from obtaining access to or use of
the Software or Documentation. Client acknowledges that HARRIS
or its suppliers will suffer irreparable harm should Client fail to abide
by the terms and conditions herein and that HARRIS shall, in addition
to recovering damages, be entitled to obtain injunctive relief from a
court of competent jurisdiction to enjoin Client from violating this
Agreement and/or infringing the proprietary rights of HARRIS or its
suppliers. The responsibilities and obligations set forth in this
Section and Section 5 shall apply during the term of this Agreement
and shall continue thereafter (i) with respect to trade secrets of
HARRIS or its supplier, as long as such information remains a trade
secret under applicable law, and (ii) with regard to other confidential
and proprietary information of HARRIS or its suppliers, for a period
of three (3) years after the termination or expiration of this
Agreement.
9. LIMITED WARRANTIES AND DlSCLAlMERS.
A. HARRIS warrants that its products are
substantially free of errors and defects. If such errors or defects are
found, Harris will, upon receipt of a written request from a registered
User and/or return of the original diskette(s) within 90 days of
product purchase, either correct the error or defect without charge or
return the Users original fee for the licensed software, within 90 days
of formal notification.
B. In no event shall HARRIS or its suppliers be liable
for any direct, indirect, consequential or resulting damages or injury
due to failure of the Software, or for any lost profits, time, business,
records or other monetary damages nor for any claim or demand
against Client by any other person. Client's exclusive remedy for any
failure of the Software shall be the Software warranties contained
herein and these are in lieu of any and all other warranties.
C. OTHER THAN AS EXPRESSLY SET FORTH
HEREIN, HARRIS MAKES NO WARRANTIES, WHETHER
WRITIEN OR ORAL, EXPRESS OR IMPLIED, WITH RESPECT
TO THE SOFTWARE, DOCUMENTATION, EQUIPMENT, OR
SERVICES PROVIDED HEREUNDER, OR ANY
MODIFICATION, REVISIONS, OR DERIVATIVE WORKS OF
THE SOFTWARE OR DOCUMENT A nON. HARRIS DOES NOT
W ARRANT THAT THE SOFTWARE WILL BE ERROR-FREE.
10. INDEMNIFICATION.
A. HARRIS shall defend, at its expense, any legal action
brought against Client based on a claim that the Software infringes a
U.S. Copyright or violates the U.S. trade secret rights of any third
'1--I-A R R J $'
party. HARRIS will indemnify and hold harmless Client, its officers,
directors, employees or agents, against damages and costs, including
attorneys' fees, penalties and interest, fmally awarded against Client
in such actions directly attributable to such claims; provided that
HARRIS is given prompt written notice of such claim, reasonable
assistance from Client, and sole authority to defend or settle such
claim. If the Software becomes, or in HARRIS's opinion is likely to
become, the subject of such a claim of infringement or violation of a
trade secret right, then HARRIS may, at its option: (i) procure for
Client the right to use the Software free of any liability for
infringement or violation; (ll) replace or modify the Software to make
it non-infringing or non-violating; or (iii) pay to Client the base
software license fee as stated in Attachment "A", which amount
represents a refund of the base software license fee paid hereunder.
Client shall return the Software to HARRIS. HARRIS shall have no
liability under this Section for any claim based on modification of the
Software, use of the Software, other than as specified in this
Agreement, or use of other products, either independently or in
conjunction with the Software. THIS SECTION SETS FORTI! THE
COMPLETE LIABILITY OF HARRIS WITH RESPECT TO
INFRINGEMENT OF INTELLECTUAL PROPERTY RlGHTS
AND INDEMNIFICATION GRANTED BY HARRIS.
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B. Client shall indemnify, defend and hold harmless
HARRIS and its affiliates and their respective officers, directors,
shareholders, agents and representatives against damages and costs,
including attorney's fees, penalties and interest relating to any claim
by any third party arising out of the Client's intentional breach of this
agreement, including but not limited to, any tax liability of Client to
any governmental entity in connection with this Agreement; provided
that Client is given prompt written notice of such claim, reasonable
assistance from HARRlS and sole authority to defend or settle such
claim.
11. LIMITATION OF LIABILITY.
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A. In no event shall HARRIS be liable for any indirect,
special, incidental or consequential damages, including but not
limited to, loss of profits or anticipated profits and loss of goodwill,
even if HARRIS has been informed of the possibility of such
damages. This paragraph shall survive termination of this Agreement
for any reason and shall remain in full force and effect despite any
failure of any remedy herein.
B. IN NO EVENT SHALL HARRIS's LIABILITY FOR
ANY DAMAGES TO CLIENT OR ANY OTHER PARTY EXCEED
THE LICENSE FEES, EXCLUDING ANY AND ALL
PROFESSIONAL SERVICE FEES PAID BY CLIENT TO HARRIS
FOR THE SOFlWARE, REGARDLESS OF THE FORM OF
ACTION, WHETHER IN CONTRACT, NEGLIGENCE, STRICT
LIABILITY, TORT, PRODUCTS LIABILITY OR OTHERWISE.
C. HARRIS shall not be liable for loss of data files from
any cause whatsoever. Client shall protect itself from such loss by
making copies of all data on a regular basis and by having a
procedure that allows it to revert to a previous copy, should that ever
be necessary.
12. US GOVERNMENT RESTRICTED RIGHTS. The
Software and Documentation are provided with RESTRICTED
RlGHTS. Use, duplication, or disclosure by the Government is
subject to restrictions as set forth in subparagraph (c ) (1) (ii) of the
Rights in Technical Data and Computer Software Clause at DFARS
252.227-7013 or subparagraphs (c) (1) and (2) of the Commercial;.
Computer Software - Restricted Rights 48 CFR 52.227-19, as "
applicable.
13. TERM AND TERMINATION
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A. This Agreement will become effective on the date of
acceptance hereof by' HARRIS. Either pllrty may terminate this
Agreement if the other party commits a material breach of any term
or condition of this Agreement wllich is not remedied within sixty
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(60) days after receipt of written notice of sucb breach by tbe non-
breaching party.
B. HARRIS may, at its option terminate support and other
services as specified by this Agreement immediately upon notice to
Client in the event (i) Client is dissolved or liquidated or a trustee or
receiver is appointed for Client, (ii) bankruptcy or insolvency
proceedings under federal or state law, whether voluntary or
involuntary, are commenced against Client, or (iii) Client makes an
assignment for the benefit of creditors.
C. The provisions of Paragraphs 6, 8, 9, 10, 11 and 19 of
this Agreement and all other material provisions shall swvive any
termination or expiration of this Agreement and shall bind the parties
and their legal representatives, successors, heirs and assigns.
14. ASSIGNMENT Neither this Agreement nor any of Client's
rights or obligations hereunder shall be assigned by Client, in whole
or in part, or by operation of law or otherwise, without the prior
written consent of HARRIS. Any attempt to sub-license assign or
transfer the Software or any rights of Client herein, by any means or
in any form, without the prior written consent of HARRIS, which
shall not be unreasonably withheld, shall be null and void.
15. AMENDMENT. No additional terms, consent, waiver,
alteration or modification of any provision of this Agreement shall be
binding unless in writing and signed by an authorized representative
of both parties.
16. WAIVER AND SEVERABILITY. Failure by either party to
enforce at any time any of the provisions of this Agreement shall not
constitute a waiver of such provision nor in any way affect the
validity of this Agreement or any part thereof or the right of the other
party thereafter to enforce the provisions hereof. The provisions of
this Agreement are severable and any provision of this Agreement
that is determined to be void or unenforceable by a court of
competent jurisdiction shall not affect the enforceability of the
remaining provisions herein, and the remaining provisions shall be
enforced as if this Agreement was originally written without the
invalid provision. All Attachments attached hereto are incorporated
herein by reference.
17. FORCE MAJEURE. Neither party shall be liable for any delay
or failure in performance of this Agreement if caused by an act of
God or any factor beyond control of the party, or as a result of a third
party other than HARRIS or Client, including but not limited to,
failure of the other party to comply with its obligations and
responsibilities hereunder or to provide materials or information
specified herein. In any such event, the date for the party's
,ptJ~;~t{:~;.lj;~~:re"~~""
"'1-I-A R R I 5
performance shall be deferred for a period of time equal to tbe time
lost by reason of such act of God or other factor beyond control,
provided that the delayed party shall notifY the other party of such
occurrence and shall cooperate with the other party in minimizing any
adverse impact of such occurrence.
18. NOTICES. All notices required by or relating to this Agreement
shall be in writing and shall be sent to the parties to this Agreement at
their address set forth below or to such other address as either party
may substitute by written notice to the other.
19. GOVERNING LAW. This Agreement shall be governed by,
construed and interpreted in accordance with the laws of the State of
Washington without giving effect to its conflict of laws. Any
litigation or legal action to enforce or interpret this Agreement shall
be filed and heard only in the state or federal courts located in Kitsap
County, Washington and Client consents and submits to the exclusive
jurisdiction and venue over any action, suit or other legal proceeding
that may arise out of or in connection with this Agreement in such
courts. If any legal action is brought by either party relating to this
Agreement, the prevailing party will be entitled to reimbursement by
the other party of its reasonable attorneys' fees and related expenses.
20. HIRING. Client acknowledges that HARRIS has made
considerable investment in the hiring, training, and retaining of its
employees. During the term of this Agreement, Client shall not hire
or offer to hire, as an employee or contractor, any employee of
HARRIS or any former employee of HARRIS within three years
from the date that liuch employee severed employment with HARRIS.
21. USE OF CLIENT'S NAME. Client hereby agrees that
HARRIS may list Client as a Customer of HARRIS' in literature and
publications distributed by or on behalf of HARRIS with written
permission from Client.
22. ENTIRE AGREEMENT. This Agreement and the
Attachments hereto constitute the entire understanding of the parties
with respect to the subject matter hereof and shall supersede all
proposals and prior agreements and understandings, oral or writteu,
and any other communications between the parties relating to the
subject matter of this Agreement. In the case of any conflict between
this Agreement and any of the Attachments hereto, the terms and
conditions of this Agreement shall control and govern.
23. SOURCE CODE. Client may request for product source code to
be placed in an escrow account at Client's expense. Source code may
be accessed by Client only in the event that HARRIS ceases business
operations.
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'l-I-A R R I S-
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized
representatives as of the date specified below.
"Harris, Inc."
"Client"
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Company Name:
HARRIS
Company Name:
City of Bremer ton
Name (print):
Jeff Bender
Name (print):
Signature:
Signature:
Title:
Chief Executive Officer
Title:
Date:
Date:
Address:
112 E. Line Street. Suite 200
Tvler. Texas 75702-5760
Address:
345 6th Street, Suite 600
Bremerton, W A 98337
Delivery Location: Same
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ATTACHMENT "B"
Payment Schedule
Payment schedule is as follows and based on information provided in the Pricing section of
Attachment "An, Proposal Specification.
1. Software License:
Payment of75% of the Base Software License Fee is due within thirty (30) days of
receipt of order by Harris. Balance is invoiced and due upon completion of
installation of software. If another method, other than outlined here, is agreed upon, it
will be noted in Attachment "A" and take precedence.
2. Data Conversion:
Paid on invoice within 30 days of completion.
3. Training:
Paid on invoice within 30 days of completion.
4. On-site Service:
Paid on invoice within 30 days of completion.
5. Travel Expenses:
Paid on invoice within 30 days of completion.
6. Custom Bill Format (If applicable):
Upon contract signing, Client will provide Harris with a specification design. Harris
will review specification design and submit it to the Client for sign off and approval.
Workwill only begin after approval is received from Client. Client will be invoiced
upon delivery of product, payment is due within 30 days of invoice.
7. Hand Held System Interface (If applicable):
Paid on invoice upon successful test run with installed software.
8. System Modification/Customization (If applicable):
Upon contract signing, Client will provide Harris with a specification design. Harris
will review specification design and submit it to the Client for sign off and approval.
Work will only begin after approval is received from Client. Client will then be
allowed a fmal approval opportunity prior to implementation of the customized
program. Client will be invoiced upon completion of implementation. Payment is
due immediately upon receipt of invoice.
9. Annual Software Service & Support:
Support begins 30 days from software installation. At this time an invoice will be
issued, payment is due upon receipt of invoice.
10. Auxiliary Hardware:
Paid on invoice.
'1-I-A R R I S
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HARRIS
MAINTENANCE AND PRODUCT SUPPORT PROGRAM
TERMS AND CONDITIONS
1. ADDRESSES AND COMMUNICATIONS
CORPORATE OFFICE:
HARRIS
Attn: Product Support
112 East Line Street, Suite 200
Tyler, TX 75702-5760
Tel: 903-535-8222
Fax: 903-535-9015
2. DEFINITIONS
A. "Maintained Software" means the copy of the Harris software
product licensed to you on the End User License. If the licensee of the
Maintained Software is a corporation or other entity, the "you" as used
in this Agreement refers to that corporation or entity.
B. "Discrepancy" means a defect in the distribution media
(software) or a material difference between the operation of the
Maintained Software and the description of the operation of the
Maintained Software as provided in current end-user documentation
provided for the Maintained Software by Harris.
C. "Correction" means replacement distribution media or
corrective code or document, which rectifies a Discrepancy as
described above. Harris may, at its discretion, modify the end-user
documentation to (i) remove inaccuracies in the documentation, or (ii)
describe changes, modifications or improvements made to the
Maintained Software. "Correction" includes, but is not limited to,
workarounds, update disks or electronic transfer equivalent.
D. "Agreement" means these Terms and Conditions of Harris
Packaged Products Maintenance and Priority Support Program.
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3. APPLICABILITY OF HARRIS END USER LICENSE
AGREEMENT.
This Agreement and all software, documentation and media
provided under it is subject to all the terms and conditions of the
Harris End User License Agreement which exists between you and
Harris, including the warranty and disclaimers.
4. ACCESS TO HARRIS PRODUCT SUPPORT STAFF
A. Harris Product Support Staff are available to give you
assistance and advice on Harris products or to receive Discrepancy
reports, during normal the hours defined in your End User Site License
Agreement, Attachment "A", at our office listed above. You may also
use regular or overnight delivery services, fax or e/mail to
communicate with our Product Support Staff.
B. Our Product Support Staff will, with your assistance if
necessary, investigate a suspected Discrepancy by attempting to
reproduce it after receiving your report of a Discrepancy. If the
Discrepancy is confirmed, then, for Maintained Software, Harris will
make reasonable efforts to provide you with a Correction, but cannot
guarantee to do so.
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5. SOFIW ARE NOT COVERED BY TIllS AGREEMENT
A. Any software not listed on this Agreement under Products
Covered, which is located on the signature page of this agreement.
B. Third Party altered or modified Maintained Software.
C. Any consolidation of Maintained Software and other software
not covered by this Agreement.
D. A release of Maintained Software for which Maintenance
Services have been discontinued.
E. Discrepancies caused by your negligence.
F. Discrepancies resulting from hardware malfunction.
G. Maintained Software used on a computer or operating system
other than that specified and supported by Harris
6. YOUR RESPONSIBILITIES
A. You agree to report all suspccted Discrepancics through your
Support Contact to thc Harris Product Support Staff.
B. You agree to use reasonable efforts to assist Harris's efforts to
find Corrections to confirmed Discrepancies reported by you.
C. You agree to install and use the newest release or update disk
for the Maintained Software sent to you by Harris within thirty (30)
days of receipt.
D. You agree to report all major changes made by you associated
with or affecting the Maintained Software, in writing, within thirty
(30) days oftbe change made.
E. In all contacts with Harris Product Support, you agree to
provide the Product Identification Number of the Maintained Software
Product.
7. ADDITIONAL SERVICES AND CHARGES
A. Harris may offer additional services such as training and
consulting under separate agreements. Such services can be performed
at a site and time mutually agreeable. These services are normally
charged on a time and materials basis plus expenses and are subject to
availability. You will be charged our standard rates in effect at the
time such services are incurred.
B. Harris reserves the right to charge for services outside of the
range of normal support services. Such services considered outside of
the range of supported services are as follows: (1) debugging problems
in non-Harris supported products, or in combinations of Harris
supported and non:supported products where the problem occurs in the
non-Harris product, (2) other cases where it is judged highly likely that
the suspected problem is not the responsibility of Harris and (3)
retraining existing or training new operators. Harris offers regular
classroom training in Tyler, Texas, for both the General Ledger and
Utility BillingfTechnical Services portions of the j-nHANcE Suite.
After initial training and implementation, clients are welcome to attend
these classes upon advance reservation at a daily rate in effect at the
time of attendance.
C. When a situation occurs where a reported problem is likely to
fall outside of the range of supported services, you will be advised of
the potential of incurring charges to have Harris work on the problem.
An estimate of the cost of the additional service will be communicated
to you for your approval and agreement. No work on such problem
will occur until you have accepted, in writing, the provided cost
estimate. Should we find that the problem is, indeed, caused by a
supported product, no charges will be incurred. However, if it is
proven that the problem is not the responsibility of Harris you will be
charged, invoiced upon completion with payment due upon receipt of
invoice.. Should you not agree that the requested service falls out of
the bounds of supported services, your Harris sales person will be your
representative at Harris to mediate the issue for you.
D. Harris upon prior notice, reserves the right to charge for
unusual or excessive telephone expenses or shipping charges in
connection with the Maintenance Services provided under this
agreement.
8. PAYMENT
The annual Maintenance Fce must be paid in advance of thisaAgreement's anniversary date, and will be invoiced in advance of said
anniversary date. The annual Maintenance Fee is as specified on
Attachment "A" to the End User License Agreement. Harris reserves
the right to increase the amount of the support agreement with written
notice by up to 15% per year.
9. TERM AND TERMINATION
A. This Agreement will be effective and services provided
hereunder will commence as of the completion and verification by
Harris of acceptance of payment of the appropriate Maintenance Fees
and proof of proper license for the Software designated in the End
User License is ascertained. The Maintenance Period commences as
of the date of acceptance of the above, as appropriate. Harris may
change the Maintenance Fee with 30 days written notice, consistent
with Attachment "An to the End User License Agreement and
paragraph 8 hereof; which fee shall become effective with renewal.
B. This Agreement will remain in effect perpetually unless
tenninated by written notice thirty (30) days prior to expiration by
either party.
C. If you cancel your maintenance you must purchase an
upgrade to the current version of the product in order to register for a
new maintenance period. If you have previously received the current
upgrade version., the start of the new maintenance period will begin on
the date that you renew your Agreement.
D. On thirty (30) days advance written notice, Harris reserves
the right to withdraw maintenance services on any or all Maintained
Software or other products, and to alter the prices, tenns and
conditions of the Maintenance Program, in advance of any
maintenance renewal, consistent with Attachment "An to the End User
License agreement and paragraph 8 hereof Any such withdrawal or
alterations will amend the Maintenance Program between you and
Harris as of your renewal date.
City of Bremerton
COMPANY
345 6th Street. Suite 600
ADDRESS
Bremerton. WA 98337
CITY, STATE, ZIP
'1-I-A R R I S
E. If you allow your Maintenance Agreement to lapse more than
sixty (60) days from it's renewal date, a new Maintenance Agreement
must be entered into if continued support is desired. The new
Maintenance Agreement will be the standard Maintenance Agreement
offered by Harris at the time that this Maintenance Agreement has
lapsed, all associated fees of the new Maintenance Agreement will
apply.
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10. MISCELLANEOUS
A. You may not assign this Agreement to a third party without
the prior written consent of Harris. This Agreement and the Harris
Product License Agreement shall be the only agreements between
Harris and you with respect to the Maintained Software. They cannot
be modified except in writing and with the approval of hoth parties.
These Agreements supersede all prior agreements, oral or written,
relating to the Maintained Software.
B. In addition., your current, paid Product Support Agreement
entitles you to all release maintenance updates.
360-473-5293 or 360-473-5834
TELEPHONE
360-473-2330
FAX NUMBER
PRODUCTS COVERED: i-nHANCE Utility Solutions
PLEASE SIGN HERE TO INDICATE YOU HAVE READ AND ARE IN AGREEMENT WITH THE TERMS AND 0
CONDITIONS OF THE HARRIS MTNUAL MAINTENANCE AND PRIORITY SUPPORT.
CUSTOMER SIGNATURE
HARRIS
AUTHORIZED SIGNATURE
PLEASE RETURN TO:
Harris
112 East Line Street, Suite 200
TYLER, TX 75702-5760
DATE
DATE
RENEWAL DATE:
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AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
BILL # OS" - .}.Cf'i--
SF
.....................................m......................................................
SUBJECT: Professional Services
Agreement with River Oaks
Communications Corporation for Consulting
Services relating to Cable Franchise Renewal
Process
Committee Meeting Date: 12-14-05
COUNCIL MEETING Date: 12-21-05
Department: Financial Servic
Presenter: Paula Johnston
Phone: 473-5323
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SUMMARY: The current cable franchise between the City ofBremerton and Comcast expires in
August 2007. We are now in the three year window in which we are required to complete the
franchise renewal process with Comcast. River Oaks Communications, based in Colorado, has
successfully negotiated several current city franchises in the Northwest with Comcast. They are
currently working with Kitsap County to complete a franchise renewal with Comcast. Examples of
elements in the proposed scope of services include developing a time line, goals and objectives,
addressing PEG Access related issues and BKAT funding for PEG Access facilities and equipment,
drafting the franchise and participating in negotiation sessions with Comcast as well as performing
targeted Needs Assessments. This agreement is for a term of thirteen months to expire December 31,
2006 and compensation is not to exceed $65,000.
ATTACHMENTS: Professional Services Agreement
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FISCAL IMPACTS (Include Budgeted Amount): $5000 is funded in FY2005 Budget and $60,000 is
funded in FY2006 Budget.
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MA YOR:
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FISCAL/BUDGET:
OPERATIONS:
COUNCIL PRESIDENT:
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CONSENT AGENDA
RECOMMENDED MOTION:
Move to approve the Professional Services Agreement with River Oaks Communications
Corporation for cable franchise renewal consulting services for a sum not to exceed $65,000 and
authorize the Mayor to execute the necessary contract documents in substantially the samc form
o as presented.
COUNCIL ACTION: D Approve D Deny D Table
D Continue D No Action
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PROFESSIONAL SERVICES AGREEMENT
Cable Franchise Renewal- Informal Renewal Process
The City of Bremerton ("City") and River Oaks Communications Corporation
("Consultant"), referred to collectively as the "Parties," enter into the following Agreement for
professional services:
I. Scope: The Consultant agrees to perform the services more specifically described in the
Scope of Work attached hereto and incorporated herein as Exhibit A. The Scope of Work may
be modified only pursuant to Section VII.G. of this Agreement. If the Scope of Work provides
for unspecified additional services such services shall only be performed upon the express
written request of the City. Consultant further represents that the services furnished under this
Agreement will be performed in accordance with generally accepted professional practices in
effect at the time such services are performed.
II. Term: The City and the Consultant agree that work will begin on the tasks described in
Exhibit A on December 1, 2005 subject to budget approval by the City and will be done in
accordance with Exhibit B.
III. Compensation: In consideration of the services provided pursuant to this Agreement, the
City shall pay Consultant in an amount not to exceed $65,000.00. Consultant's charges and bills
shall conform to the fee schedule attached hereto and incorporated herein as Exhibit C.
The Consultant shall submit regular billing statements detailing work performed and
amount charged on each task or portion thereof. The descriptions shall conform to and fall
within the categories set out in the Scope of Work and/or Fee Schedule. Upon receipt of a
conforming billing statement, the City shall promptly process payment. PROVIDED,
HOWEVER, the City reserves the right to prioritize scoped work and accelerate and/or delay
work tasks under the time frame set forth in Section II herein. The Consultant's labor rates and
billing fees shall be as delineated in Exhibit C.
Consultant shall not perform work beyond the Scope of Work, nor shall be compensated
for such work, unless the Scope of Work or amount of compensation is modified pursuant to this
Agreement. Consultant shall only be compensated for additional services if requested pursuant
to Section I and, if not otherwise provided, such compensation shall be in accordance with
Exhibit C.
If a billing statement does not conform to this Agreement, the City may withhold
payment until the statement is brought into compliance. Such withholding does not relieve
Consultant of its obligations under this Agreement.
IV. Relationship of Parties: Consultant represents that it is skilled in the matters addressed
in the Scope of Work and is performing independent fimctions and responsibilities within its
field of expertise. Consultant and its personnel are independent Consultants and not employees
of the City. Consultant and its personnel have no authority to bind the City or to control the
Bremerton/River Oaks Communications Corp
Cable Franchise Renewal
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City's employees and other Consultants. None of the benefits provided by the City to its
employees, including, but not limited to, compensation, insurance, and unemployment insurance
are available from the City to the employees, agents, representatives, or sub-Consultants of the
Consultant. Consultant will be solely and entirely responsible for its acts and for the acts of
Consultant's agents, employees, representatives and sub-Consultants during the performance of
this Agreement. The City may, during the term of this Agreement, engage other independent
Consultants to perform the same or similar work.
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As an independent Consultant, Consultant is responsible for its own management. The
City's administration and enforcement of this Agreement shall not be deemed an exercise of
managerial control over Consultant or its personnel.
As an independent Consultant, Consultant is responsible for payment of all taxes and
licensing fees necessary to perform its obligations under this Agreement. These taxes and fees
include but are not limited to State industrial insurance, Business & Occupation, State
professional licensing, and City business licensing. If any taxes or fees due the City have been
declared delinquent, the City may withhold the delinquent amount, plus any additional charges
arising from the delinquency, from any payments due Consultant.
V. Indemnification: Consultant shall defend, indemnify and hold the City, its officers,
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages,
losses or suits, including all legal costs and attorney fees, arising out of or in connection with the
performance of this Agreement, except for that portion of the injuries and damages caused by the 0
City's sole negligence.
The City's review or acceptance of any of the work when completed shall not be grounds
to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this Agreement is subject to
RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons
or damages to property caused by or resulting from the concurrent negligence of the Consultant
and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability
hereunder shall be only to the extent of the Consultant's negligence.
IT IS FURTHER SPECIFICALL Y AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S
WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY
FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER
ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER.
The provisions of this section shall survive the expiration or termination of this Agreement.
VI. Insurance: The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which may arise from or in
connection with the performance of the work hereunder by the Consultant, its agents,
representatives, employees, or sub-Consultants. 0
Bremerton/River Oaks COI11I11 unications Corp
Cable Franchise Renewal
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Before beginning work on the project described in this Agreement, the Consultant shall
provide a Certificate oflnsurance evidencing:
1. Automobile Liabilitv insurance with limits no less than $1,000,000 combined single
limit per accident for bodily injury and property damage; and
2. Commercial General Liabilitv insurance written on an occurrence basis with limits no
less than $1,000,000 combined single limit per occurrence and general aggregate for
personal injury, bodily injury and property damage. Coverage shall include but not be
limited to: blanket contractual; broad form property damage; explosion, collapse and
underground (XCV) if applicable; and employer's liability; and
3. Excess Liabilitv insurance with limits not less than 1,000,000 limit per occurrence and
aggregate.
4. Professional Liabilitv insurance with limits no less than $1,000,000 limit per
occurrencel claim.
Any payment of deductible or self insured retention shall be the sole responsibility ofthe
Consultant.
All required policies shall be provided on an "occurrence" basis except professional
liability insurance (if required), which may be provided on a "claims-made" basis.
The City shall be named as an additional insured on the Commercial General Liability
insurance policy, as respects work performed by or on behalf of the Consultant and a copy of an
endorsement that is acceptable to the City, which names the City as an additional insured shall be
attached to the CeIiificate ofInsurance. The City reserves the right to receive a certified copy of
all the required insurance policies and endorsements. The City further reserves the right to reject
any unacceptable policies and/or endorsements.
The Consultant's insurance shall be primary insurance as respects the City and the City
shall be given thirty (30) days prior written notice by certified mail, return receipt requested, of
any cancellation, suspension or material change in coverage.
The City also reserves its unqualified right to require at any time and for any reason,
proof of coverage in the form of a duplicate of the insurance policy with all endorsements as
evidence of coverage.
VII. General Conditions:
A. Reports and Information: When requested by the City, Consultant shall furnish
periodic repoIis and documents on matters covered by this Agreement. The reports and
documents shall be furnished in the time and form requested. Consultant shall maintain.
accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to'
substantiate all billed amounts.
Bremerton/River Oaks Communications Corp
Cable Franchise Renewal
B. Ownership and Use of Records and Documents: Original documents, drawings, 0
designs and reports, including those in electronic format, developed under this Agreement are the
property of the City. All written information submitted by the City to the Consultant in
connection with the services performed by the Consultant under this Agreement will be
safeguarded by the Consultant to at least the same extent as the Consultant safeguards like
information relating to its owri-business. If such information is publicly available or is already in
Consultant's possession or known to it, or is rightfully obtained by the Consultant from third
parties, Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise.
All data, documents and files created by Consultant under this Agreement may be stored
at Consultant's offices in Colorado. Consultant shall make such data, documents, and files
available to the City upon its request at all reasonable times for the purpose of editing, modifying
and updating as necessary until such time as the City is capable of storing such information in
the City's offices. Duplicate copies of this information shall be provided to the City upon its
request, and at reasonable cost.
All documents, including all reports, drawings, specifications, computer software or other
items prepared or furnished by Consultant pursuant to this Agreement, are instruments of service
with respect to the project and are the property of the City. Any reuse by the City for other than
the specific purpose intended will be at City's sole risk.
C. Work Performed at Consultant's Risk: Consultant shall take all precautions necessary
and shall be responsible for the safety of its employees, agents, and sub-consultants in the 0
performance of the work hereunder and shall utilize all protection necessary for that purpose.
All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss
of or damage to materials, tools, or other articles used or held for use by Consultant in
connection with the work.
D. Place of Work: The Consultant shall perform the work authorized under this
Agreement at its offices in Colorado. Meetings with the City staff as described in Exhibit A,
Scope of Work, shall take place at the City's offices, or at locations mutually agreed upon by the
parties.
E. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement
between the Parties, and the Parties acknowledge that there are no other agreements, written or
oral, that have not been set forth in the text of this Agreement.
F. Severability: Should any part of this Agreement be found void, the balance of the
Agreement shall remain in full force and effect.
G. Modification: This Agreement may only be modified by written instrument signed by
both Parties.
H. Written Notices: All communications regarding this Agreement shall be sent to the
parties at the addresses listed below by registered or 1 st class mail, or by personal service, and
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Cable Franchise Renewal
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shall be deemed sufficiently given if serifto the addressee at the address stated in this Agreement
or such other address as may be hereafter specified in writing.
Paula Johnston, City Clerk
City ofBremerton
345 6th Street, Suite 600
Bremerton, VVA 98337
Thomas F. Duchen, President
River Oaks Communications Corp.
Mining Exchange Building
8 S. Nevada Ave., Suite 515
Colorado Springs, Colorado 80903
1. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a
waiver of that provision. VVaiver of any right or power arising out of this Agreement shall not be
deemed waiver of any other right or power.
J. Non-VVaiver of Breach: The failure of the City to insist upon strict performance of any
of the covenants and agreements contained herein, or to exercise any option herein conferred in
one or more instances shall not be construed to be a waiver or relinquishment of said covenants,
agreements or options, and the same shall be and remain in full force and effect.
K. Compliance with Laws: Consultant shall comply with all applicable Federal, State,
and local laws in performing its obligations under this Agreement.
L. Choice of Law and Venue: This Agreement shall bemterpreted according to the laws
of the State ofVVashington. Any judicial action to resolve disputes arising out of this Agreement
shall be brought in Kitsap County Superior Court.
M. Attorneys' Fees: In the event of litigation to enforce any of the terms or provisions
herein, each party shall pay all its own costs and attorney's fees.
N. Assignment: Any assignment of this agreement by the Consultant without the written
consent of the City shall be void.
VIII. Nondiscrimination: Consultant shall not discriminate in employment or services to the
public on the basis of race, color, national origin, sex, religion, age, marital status, or disability,
except for employment actions based on bona fide occupational qualification.
IX. Termination: This Agreement shall remain in force until completion and acceptance of
the services, terminated by written instrument upon mutual consent, or by the City of Bremerton
for convenience. This Agreement may be immediately terminated for cause by a Party if the
other Party substantially fails to perfonn through no fault of the terminating Party, and the non-
performing Party does not commence correction of the failure of performance within thirty (30)
days of the terminating Party's sending notice to the non-performing Party. Any Notice by
Consultant shall include a report showing the status of all items listed in the Scope of Work
current through the termination date. .
If the City receives reimbursement by any federal, state, or other source for work described in
Section I herein, and that funding is withdrawn, reduced or limited in any way, or the project is
Bremerton/River Oaks Communications Corp
Cable Franchise Renewal
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cancelled or substantially reduced after the execution date of this Agreement and prior to the 0
completion of the work, the City may summarily terminate this Agreement.
A. Excusable Delays: The right of Consultant to proceed shall not be terminated nor
shall Consultant be charged with liquidated damages for any delays in the completion of the
work due to: 1) any acts of the federal government in controlling, restricting, or requisitioning
materials, equipment, tools, or labor by reason of war, national defense, or other national
emergency; 2) any acts of the City, its consultants, or other public agencies causing such delay;
and 3) causes not reasonably foreseeable by the parties at the time of the execution of the
Agreement that are beyond the control and without the fault or negligence of the Consultant,
including, but not restricted to, acts of God, fIres, floods, strikes, or weather of unusual severity.
PROVIDED, HOWEVER, that the Consultant must promptly notify the City within ten (10)
calendar days in writing of the cause of the delay. If, on the basis of the facts and the terms of
this Agreement, the delay is properly excusable, the City shall, in writing, extend the time for
completing the work for a period oftime commensurate with the period of excusable delay.
B. Rights Upon Termination: In the event oftermination, the City shall pay for all
services performed by the Consultant to the effective date of termination, as described on a fInal
invoice submitted to the City. After termination, the City may take possession of all records and
data within the Consultant's possession pertaining to this project which may be used by the City
without restriction. Any such use not related to the project, or work by the City after the
effective date of termination which Consultant was contracted to perform, shall be without
liability or legal exposure to the Consultant.
CITY OF BREMERTON
RIVER OAKS COMMUNICATIONS
CORPORATION
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By: Cary Bozeman
its: Mayor
Date:
By: Thomas F. Duchen
its: President
Date:
Attest:
City Clerk
Approved as to foml:
Bremerton City Attorney
R:\LEGAL\Contracts\FORMS\Professional Services Agreement Form (200J).doc
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Bremerton/River Oaks Communications Corp
Cable Franchise Renewal
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EXHmIT "A"
SCOPE OF WORK
Scope of Work regarding the Informal Renewal Process as agreed to by the City and
Consultant relating to Consultant's business services:
1. Develop timeline for cable television franchise renewal process.
2. Develop a list of goals/objectives to be addressed in the new franchise.
3. Participate in meetings with the City and Comcast.
4. Address PEG Access related issues.
5. Provide information to the City regarding what Comcast has agreed to in several
other franchises in the area.
6.
equipment.
Work with the City with respect to BKAT funding for PEG Access facilities and
7.
Comcast.
Take the lead in drafting the franchise and participate in negotiating sessions with
8. Perform a targeted Needs Assessment (up to $10,000 in time and expenses), draft a
City Website Survey (to be tabulated by the City), review Call-in Comment Line comments (to be
initially summarized by the City), hold two Focus Groups of City and BKAT/School Officials and
one Public Meeting (to gather citizen input) regarding Comcast's performance and the City's future
cable television needs.
9. IdentifY;other matters for consideration by the City.
10. The Consultant will confer with City Staff insofar as providing advice and guidance
regarding the Informal Franchise Renewal Process. .
It shall be the City's decision whether to renew or not renew or grant or not grant a cable television
franchise to Comcast.
A further description of the Targeted Needs Assessment that will be performed by Consultant is as
follows:
· Gather baseline information.
Bremerton/River Oaks Communications Corp
Cable Franchise Renewal
· Identify affected stakeholders in the City (for example, City Departments, BKAT, other PEG
Access producers and users, public schools [K-12], higher education institutions, the library and
Chamber of Commerce).
· Prepare Survey instruments and survey City Departments, BKAT, other PEG Access producers
and users, public schools (K-12), higher education institutions, the library and Chamber of
Commerce.
· Hold one (1) meeting/workshop for City Departments, one (I) meeting/workshop for Schools,
the Library, BKAT and Public Access producers and one (1) Meeting for the public and other
interested parties. These three (3) Meetings shall be scheduled to take place on the same day to
provide economies of scale. Consultant shall prepare PowerPoint Presentations to be utilized
during these three (3) Meetings.
· Review information gathered.
· Prepare an Executive Summary outlining the Needs Assessment results.
Bremerton/River Oaks Communications Corp
Cable Franchise Renewal
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ExnmIT "B"
WORK SCHEDULE
The Scope of Work described in Exhibit "A"\vill be completed by the Consultant by December 31,
2006 to the extent practicable, it being acknowledged and agreed that Consultant cannot compel
Comcast to perform its necessary work and fmalize a franchise by that date.
Bremerton/River Oaks Communications Corp
Cable Franchise Renewal
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EXHmIT "C"
FEE SCHEDULE
In consideration of the services to be performed pursuant to the Scope of Services, the City
agrees to pay Consultant on a time and reimbursable cost basis according to the following schedule:
Hourly billing rates: $ 195.00/hour
Reimbursable direct costs:
Federal Express
Postage
Long Distance Telephone Charges
Typing
Fax
Copies
Travel, Meals and Lodging
It is estimated that from the effective date of this Agreement until December 31, 2006,
Consultant would work on the City's behalf in connection with matters described in the Scope of
Services with a cap of $65,000. Consultant commits to perform the portion of the Services, which
are solely within the control of Consultant, and not subject to expansion either by the City or other
circumstances beyond the control of Consultant for a total cost not in excess of the cap of $65,000.
The Formal Process is time consuming and expensive and would involve additional expenditures by
the City to Consultant if the City were to be involved in the Formal Process, if the City issues a
ruling adverse to Comcast, if any engineer's involvement, Technical Assessment, extensive Needs
Assessment, Residential Surveys, I-Net work or Franchise Fee Audit (all of which are outside the
Scope of Services) were requested by the City. If the City requested additional work that is outside
of the Scope of Services, Consultant would bill the City separately for those services and for the
amount of services requested by the City on an hourly plus expense basis at the hourly rates
specified above.
The City will also be responsible for all administrative costs associated with the Surveys (printing,
copying, postage/return postage, etc.).
Bremerton/River Oaks Communications Corp
Cable Franchise Renewal
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DATE SUBMITTED: December 7. 2005
BILL # oS" -~q~
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AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SG,
........................................................................................
SUBJECT: Assistant City Attorney
Position
Committee Meeting Date: Dec. 14,2005
COUNCIL MEETING Date: Dec. 21, 2005
Department: City Attorney's Office
Presenter: Roger A. Lubovich
Phone: 473-2345
SUMMARY: The City Attorney's Office desires to handle litigation in-house and has selected a
seasoned litigation attorney to fill the position budgeted for 2006. The desired candidate has over
seven years experience handling complex litigation. Staff is requesting authorization to hire the
candidate at Payband 17, Rate 3.
ATTACHMENTS: Resume
o FISCAL IMPACTS (Include Budgeted Amount):
budgeted for 2006.
An Assistant City Attorney Position has been
APPROV ALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
I CONSENT AGENDA.~
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OPERATIONS: C~-~ .au C-t'~
COUNCIL PRESIDENT: ~-:>~ ~ '
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RECOMMENDED MOTION: Move to authorize the City Attorney to hire an Assistant CIty
Attorney at Payband 17, Rate 3.
FISCAL/BUDGET:
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COUNCIL ACTION: D Approve D Deny D Table
D Continue D No Action
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Mark Edwin Koontz
WSBA Number 26212
Education
Seattle University School of Law, Seattle, Washington. Juris Doctor, June 1996.
Pepperdine University, Malibu, California. Bachelor of Arts, Humanities, June 1993.
Dean's List, 1990.
International Program, Heidelberg, Germany, 1990-1991.
Experience
Law Offices of Lembhard G. Howell, P.S., Seattle, W(ishington. April 1998 to present.
Trial lawyer in personal injury and civil rights cases in state and federal courts, participating
in all aspects of litigation including discovery, motions practice, pre-trial preparation and
jury trials. Tried over ten civil cases to verdict as first or second chair. Tried six criminal
cases as defense attorney to verdict. Primary lawyer for plaintiff in construction site accident
case resulting in seven-figure settlement and in several cases resulting in si~;-figure
settlements. Briefed and argued cases before Washington State Court of Appeals and Ninth
Circuit Court of Appeals.
Law Office of Gregory Wilson, Tacoma, Washington. January 1997 to April 1998.
Criminal defense and plaintiffs personal injury. Court appearances for criminal cases.
Research and writing for criminal appeals and personal injury cases.
Other Accomplishments
Selected, "Washington's Rising Star," Washington Law and Politics, 2003 and 2004.
Co-Author, Chapter 1 "Civil Trial Practice," Washington Lawyers Practice Manual, 2001-
2003.
Member, WSBA "Blue Ribbon Panel on Defense," 2003-2004.
Member, WSBA "Committee for Diversity," 2005.
"BV" Rated, Martindale-Hubbell.
Affiliations
Washington State Bar, 1996 to present.
The Association of Trial Lawyers of America, 1998 to present.
Washington State Trial Lawyers Association, 1998 to present.
United States District Court, Western District of Washington, 1998 to present.
Ninth Circuit Court of Appeals, 2000 to present.
DATE SUBMITTED: 12-07-2005
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AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
BILL # OS-;;}::j /0
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SUBJECT: Resolution authorizing the
extension of an interfund loan from the
Equipment Rental Reserve Fund to the Civic
Improvement Fund - previously authorized
by Resolution No. 2760.
Committee Meeting Date:
COUNCIL MEETING Date:
Department:
Presenter: .
Phone:
12-14-05
12-21-05
Financial Services
Laura Lyon
473-5722
SUMMARY: On June 28, 2000 City Council auth0l1zed the issuance of a loan from the ERR Fund
(510) to the Civic Improvement Fund (104) in the amount of$120,000. Payments have been made
over the five year period since approval in accordance with the amortization schedule - leaving a
balance of $68,679.05 as of December 31, 2005. The original loan authorization anticipated a
balloon payment from the Admiral Theatre Foundation for this final principal amount - and ancipated
that this loan would be concluded by December 31, 2005 as a result. The Admiral Theatre
Foundation is not in a position to make the originally anticipated balloon payment on December 31,
2005. This resolution authorizes the Director of Financial Services to extend the current terms of the
existing loan for the balance outstanding of$68,679.05 and with the final repayment scheduled for
December 31,200:1,
ATTACHMENTS: Resolution, Debt Amortization Schedule and Discussion Memo.
o FISCAL IMPACTS (Include Budgeted Amount): Annual debt service of$16,304.15 is provided for
from the Civic Improvement Fund lodging tax - reducing the $90,000 annual payment to the Admiral
Theatre Foundation to $73,695.85. The total commitment of$90,000/year remains unchanged and
the Civic Improvement Fund is not impacted by this loan extension.
APPROVALS:
DEPARTMENT DIRECTOR'
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
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RECOMMENDED MOTION:
FISCAL/BUDGET:
OPERATIONS:
COUNCIL PRESIDENT:
CONSENT AGENDA
Move to approve Resolution No. Jq lQ ~ authorizing the Director of Financial Services to extend
the interfund loan outstanding from the ERR Fund to the Civic Improvement Fund under the current
tenns of the existing loan. in an amount not to exceed $68,679.05, with the final repayment to occur
0011 December 3 1, 20(.'1 clndSLJi Lj elf> -10 r e vie vJ Df-lA.t I) d fl11 rtt i ]f,eCL lYe LAJrt fy;;[{ f
COUNCIL ACTION: 0 Approve 0 Deny 0 Table
o Continue 0 No Action
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To:
City Council
Mayor Cary Bozeman / /
laura Lyon, Director of Financial service/
Extension of existing ERR Fund Loan to the Civic Improvement Fund
From:
Re:
Date:
December 6, 2005
In 2000, the City Council approved by Resolution No. 2760 a $120,000 interfund loan
between the Equipment Rental Reserve Fund and the Civic Improvement Fund. The
money was used to provide a cash advance to the Admiral Theatre Foundation in order
that they could repay the final balance owed on a HUD loan undertaken to allow the
theatre renovation.
The interfund loan was established for a five year period ending December 31, 2005,
with an interest rate of 6 per annum. Annual debt service payments were $16,304.15
which is sufficient over a ten year period to fully repay the loan plus interest thereon by
December 31,2010. However, the actual loan authorization only provided for a five
year period of time with a proposed balloon payment on December 31, 2005 of
$68,679.05. The annual debt service payment has come from the Civic Improvement
Fund (lodging taxes) utilizing a portion of the annual $90,000 commitment to the Admiral
Theatre Foundation - thus reducing the actual amount transferred to the Admiral
Theatre Foundation directly to $73,695.85/year.
Per discussions with Ruth Enderly, Executive Director for the Admiral Theatre, they are
not in a position to make a large balloon payment at this time in accordance with the
original interfund loan authorization expectations.
I am proposing that the interfund loan (balance of $68,679.05 as of December 31, 2005
be extended another two years to December 31,2007 with the same terms as the
existing loan (6% per annum interest rate, annual debt service of $16,304.15 and
balloon payment at the end of the period for the final balance owed). The funding
agreement between the City and the Admiral Theatre is up for a 3 year review cycle in
2007. Extending the loan for 2 years allows that review to be done on a timeline that
coincides with the loan conclusion. Annual debt service will continue to come from the
Civic Improvement Fund as a reduction in the annual $90,000 funding commitment to
the Admiral Theatre.
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RESOLUTION NO. 2983
A RESOLUTION of the City Council of the City of
Bremelion, Washington, authorizing an Interfund Loan to the
Civic Improvement Fund from the Equipment Rental Reserve
Fund and dedicating future Hotel/Motel Tax revenue for
repayment.
WHEREAS, previously the Civic Improvement Fund had an immediate need for
cash with which to provide a cash advance to the Admiral Theater Foundation; and
WHEREAS, an interfund loan was authorized from the Equipment Rental
Reserve Fund to the Civic Improvement Fund in the amount of$120,000 by Resolution No.
2760 on June 28,2000; and
WHEREAS, the loan was originally stmctured to provide for a possible balloon
payment on December 31,2005 and was therefore established with a maturity date of December
31,2005; and
WHEREAS, the Admiral Theatre Foundation is currently not in a position to
make the scheduled balloon payment on December 31, 2005; and
2005; and
WHEREAS, the remaining loan balance will be $68,679.05 on December 31,
WHEREAS, it is the opinion of the Director of Financial Services for the City of
Bremerton that the Interfund Loan to the Civic Improvement Fund from the Equipment Rental
Reserve Fund should be reauthorized for the balance outstanding for an additional two years with
the final maturity on December 31, 2007; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON,W ASHINGTON,
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The Finance Officer is hereby authorized and directed to continue
the interfund loan from the Equipment Rental Reserve Fund to the Civic Improvement Fund in
an amount not to exceed $68,679.05. This loan shall bear interest at the rate of 6.0% per aIIDUm
and shall be repaid not later than December 31, 2007.
SECTION 2. Adequate Hotel/Motel Tax revenues from the Civic Improvement
Fund shall be dedicated annually for repayment of this interfund loan in the same manner as has
been provided for in the years 2000 through 2005.
SECTION 3. Severabilitv. If anyone or more sections, subsections, or
sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not
1
Civic improvement IlIter/und Loan
,
"
affect the validity of the remaining portion of this Resolution and the same shall remain in full 0
force and effect.
SECTION 4. Effective Date. This Resolution shall take effect and be in force
immediately upon its passage.
day of
PASSED by the City Council of the City of Bremelion, Washington this _
,2005.
DAREN NYGREN, Council President
APPROVED AS TO FORM:
ATTEST:
ROGER A. LUBOVICH, City Attorney
PAULA JOHNSTON, City Clerk
R:ILEGALIResollltions\FinanceICivic Improvement Interfllnd Loan,doc
o
o
2
Civic Improvement lllterjillul Loall
"
o Civic Improvement Fund Interfund Loan with ERR Fund
Resolution No. Zr1 %~')
$120,000"-0
6% per Annum Interest Rate
o
o
Total
2001 $ 16,304.15
2002 16,304.15
2003 16,304.15
2004 16,304.15
2005 16,304.15
2006 16,304.15
2007 59,885.39
Principal
$9,104.15
9,650.40
10,229.42
10,843.19
11,493.78
12,183.41
56,495.65
Interest
$ 7,200.00
6,653.75
6,074.73
5,460.96
4,810.37
4,120.74
3,389.74
Balance
$ 110,895.85
101,245.45
91,016.03
80,172.84
68,679.06
56,495.65
0.00
DATE SUBMITTED: 12-07-2005
o
BILL #_~-Jr
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
5.:t
..8..................................................................................aBI
SUBJECT: Resolution authorizing the
extension of an interfund loan from the
Equipment Rental Reserve Fund to the
Wastewater Utility Fund
Committee Meeting Date:
COUNCIL MEETING Date:
Department:
Presenter:
Phone:
12-14-05
12-21-05
Financial Services
Laura Lyon
473-5722
SUMMARY: In November of 2004, the City Council approved an increase and extension of an
interfund loan to the Wastewater Utility Fund from the Equipment Rental Reserve Fund by
Resolution No. 2945. The loan amount was not to exceed $2.5 million and the authorization expires
on December 31,2005. As of this date, all of the $2.5 million has been transferred, and while
progress has been made to address the ongoing cash deficiencies ofthe Wastewater Utility it does not
have sufficient cash to provide full repayment of the outstanding interfund loan on December 31,
2005. It is the opinion ofthe Director of Financial Services that repayment will require a period of
three years to accomplish. This resolution authorizes an extension of the existing interfund loan and
provides for repayment by no later than December 31,2008.
ATTACHMENTS: Resolution, Debt Amortization Schedule and Discussion Memo.
O FISCAL IMPACTS (Include Budgeted Amount): The Wastewater Utility has insufficient funds to
repay this interfund loan without an extension oftime as provided for by this resolution. The 2006
budget provides for principal and interest repayment on the interfund loanin accordance with the
proposed debt amortization schedule (attached). .
APPROVALS:
DEP ARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
FISCAL/BUDGET:
OPERATIONS:
COUNCIL PRESIDENT:
CONSENT AGENDA M
---
Move to approve Resolution No. ~ q B~authorizingthe Director of Financial Services to extend
the outstanding interfund loan from the ERR Fund to the Wastewater Fund in an amount not to exceed
$2,500,000, bearing interest at a rate of 4.5% per annum and shall be repaid no later than December
031, 2008.
COUNCIL ACTION: 0 Approve 0 Deny 0 Table
o Continue 0 No Action
o
o
o
Memorandum
To:
City Council
Mayor Cary Bozeman
Laura Lyon, Director of Financial service:!
Extension of existing ERR Fund Loan to the Wastewater Fund
From:
Re:
Date:
December 6,2005
The City's Wastewater Utility has undertaken the construction of a significant number of
capital projects to meet consent order requirements over the past several years which
have been funded in large part with loans - resulting in cash flow and debt management
challenges. City Council has taken several steps to address this matter. Specifically:
· On January 27, 2004 by Resolution No. 2918 the City Council approved an
interfund loan from the ERR Fund to the Wastewater Fund in an amount not to
exceed $1.5 million.
· The City concluded a comprehensive utility rate study in 2004 resulting in a
three-year plan for increasing rates and implementing significant increases in
general facility charges to cover the cost of new capital improvements.
· Upon the conclusion of the study, the Council approved the utility increase rate
plan with the adoption of the first phase becoming effective November 1, 2004.
· In November of 2004, the Council approved an increase and extension of the
interfund loan by Resolution No. 2945. The loan amount was increased to $2.5
million with the authorization expiring on December 31,2005.
· Recently the City Council adopted the remaining two planned rate increases in
one .combined rate adjustment which will become effective on January 1, 2006.
In addition to the actions taken by the City Council, it is expected that the final maturity of
the outstanding 1994 Water & Sewer Revenue Bonds in September 2007 will provide
additional financial relief to the struggling Wastewater Utility.
To date, the entire authorized loan amount of $2.5 million has been transferred. While
progress has been made in addressing the cash deficiencies of the Wastewater Utility, it
currently does not have sufficient funds to make full repayment on the interfund loan
when the authorization expires on December 31. 2005. Updated revenue/expenditure
models for the Wastewater Utility indicate a reasonable expectation of repayment of this
loan obligation over a three year period of time spanning 2006 through 2008. For these
reasons, I am recommending that the outstanding loan be reauthorized and extended
with a final repayment date of December 31 ,2008. Interest should be provided for at a
rate of 4.5% per annum which is the current rate for a 3 year Treasury Note.
j
o
o
o
RESOLUTION NO. ~ q ~ ~
A RESOLUTION of the City Council of the City of
Bremerton, Washington, authorizing an Interfund Loan to the
Wastewater Fund from the Equipment Rental Reserve Fund.
WHEREAS, pursuant to ResolutionNo. 2918, the City Council on January 27,
2004 authorized an interfund loan from the Equipment Rental Reserve Fund (Fund 510) to the
Wastewater Fund (Fund 451) in an amount up to $1.5 million; and
WHEREAS, on November 17,2004 the City Council authorized an increase in
this interfund loan to $2.5 million by Resolution No. 2945 and to date, all of this $2.5 million
dollars has been transferred; and
WHEREAS, the authorization for the interfund loan per Resolution No. 2945
expires on December 31, 2005; and
WHEREAS the Wastewater Utility Fund has a history of cash deficiencies and
currently does not have sufficient resources to provide full repayment of the interfund loan
outstanding on December 31, 2005; and
WHEREAS, there is sufficient cash in the Equipment Rental Reserve Fund to
extend the terms of repayment on this interfund loan for a period of up to 3 years; and
WHEREAS, a long term financial study of the utilities has been completed and a
program of rate adjustments for the Wastewater Utility has been adopted by the City Council;
and
WHEREAS, while significant progress has been made on addressing the cash
flow deficiencies of the Wastewater Fund, it is the opinion ofthe Director of Financial Services
that repayment of the current interfund loan outstanding will require a period of three years to
accomplish; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The Finance Officer is hereby authorized and directed to extend
and continue the interfund loan from the Equipment Rental Reserve Fund to the Wastewater
Fund in an amount not to exceed $2,500,000. This loan shall bear interest at the rate of 4.5% per
annum and shall be repaid not later than December 31,2008.
SECTION 2. Severabilitv. If anyone or more sections, subsections, or
sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not
affect the validity of the remaining portion of this Resolution and the same shall remain in full
force and effect.
1
Wastewater lute/fund Loan
SECTION 3. Effective Date. This Resolution shall take effect and be in force
immediately upon its passage.
day of
PASSED by the City Council of the City ofBremerton, Washington this_
,2005.
APPROVED AS TO FORM:
ROGER A. LUBOVICH, City Attorney
R:\LEGAL\Resolutions\Finance\Wastewater interfund loan.doc
DAREN NYGREN, Council President
ATTEST:
P AULA JOHNSTON, City Clerk
2
Wastewater lute//Ulul Loa!l
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DATE SUBMITTED: December 5, 2005
BILL # oS -:Jt~
o
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
loA
...............m........................................................................
SUBJECT: Resolution approving
Waterside Lane Final Plat and Planned Unit
Development, File BP04 00231.
Closed Record Hearing.
Committee Meeting Date:
COUNCIL MEETING Date:
Department:
Presenter:
Phone:
NA
December 21,2005
DCD
JoAIm Vidinhar
473-5289
SUMMARY: Resolution No. 2938 granted preliminary approval to the Waterside Lane Plat and
Planned Unit Development to divide 2.48 acres into 22 lots at the nOliheast comer of North Wycoff
Avenue and 25th Street. The City Engineer and Community Development Director signatures
accompany the final plat recommending approval.
ATTACHMENTS: (1) Procedures for Close Record Hearing, (2) Memorandum, (3) Final Plat Map,
(4) Resolution No. 2938, (5) Proposed resolution for final approval
FISCAL IMP ACTS (Include Budgeted Amount): None
APPRO V ALS:
C?EPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
FISCAL/BUDGET: Closed Record Hearing - N/ A
OPERATIONS: Closed Record Hearing - N/A
COUNCIL PRESIDENT: y~~ (~_
RECOMMENDED MOTION: Move to pass Resolutfdn ~0.).'-~3'-:; approving the final plat for
Waterside Lane and authorizing the City Council President to sign the Mylar.
I CONSENT AGENDA D I
COUNCIL ACTION: 0 Approve 0 Deny 0 Table
o Continue 0 No Action
o
o
o
o
PROCEDURE FOR CLOSED RECORD HEARING ON
HEARING ON FINAL PLATS
I. STAFF REPORT AND PRESENTATION
1. After the Appearance of Fairness inquiry, Council President asks staff to
present a report on the final plat application.
2. Pursuant to Council policies, no public comment permitted.
3. Council may ask questions of staff and applicant (discussion limited to the
record).
II. COUNCIL CONSIDERATION
The Council reviews the final plat for compliance to the preliminary approval and
local and state laws in effect at the time of a complete application.
III.
DECISION
The Council may take any of the following actions:
1. Approve the final plat and authorize the council president to SIgn the
Mylar.
2. Reject and deny the final plat based upon council findings.
4. Continue the closed record hearing and remand to the staff for
clarification on issues of record (no public testimony).
R:\LEGAL\Departmenls-GeneraIICity Council\Final Plals Hearing procedure.doc
o
MEMORANDUM
CITY.OF
BREMERTON
Department of Community Development
345 6th Street, Suite 600 * Bremerton, WA 98337-1873
Phone: (360) 473-5275
Fax: (360) 473-5278
DATE: December 5,2005
TO: BREMERTON CITY COUNCIL
FROM: JoAnn Vidinhar, Current Planner
SUBJECT: WATERSIDE LANE FINAL PLAT AND PLANNED UNIT DEVELOPMENT
(BP04 00231)
The City Council granted approval to the Preliminary Plat and Planned Unit Development for Waterside
Lane (25th & Wycoff) by Resolution No. 2938 on August 17, 2004. The applicant, Tieferet LLC,
requested to divide 2.48 acres into 22 lots. In granting its approval, the City Council found that the
application satisfied the criteria for a preliminary plat and planned unit development, was consistent
with the Comprehensive Plan, and conformed to all applicable City development regulations, minimum
stan4ards and design guidelines.
C?ursuant to Section 58.17.170 RCW, final plat approval requires findings of compliance to all terms of
the preliminary plat approval, and that said plat meets all local and state laws and ordinances. The
preliminary plat approval included 6 conditions necessary for final approval. Additionally, a dedication
of a 30-foot right-of-way for future improvements to 31st Street was also required. The City staff
reviewed the final plat and found it in compliance with all requirements. The City Engineer and the
Community Development Directors' signature on the Mylar containing the final plat attest to this review
for compliance. Should the City Council agree with the staffs review, it is recommended that the
Council authorize the City Council President to sign the Mylar containing the final plat so that it may be
recorded with the Kitsap County Auditor's office. If you have any questions, please let me know.
o
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\;fITTED: August 5, _,,~-+
o
BILL #o4--/b i
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
.ft~5~\~~ii\.~O~.~~3.i.............................................................,
SUBJECT: Closed record hearing for the Committee Meeting Date: . NA
Wycoff Preliminary Planned Unit COUNCIL MEETING Date: August 17, 2004
Development and Plat Department: DCD
Presenter: Robert Grumbach
Phone: 473-5379
SUMMARY: Hearing Examiner recommendation on a preliminary Planned Unit Development and
plat (File Number BPO-00231) to subdivide 2.486 acres of land into 22 individual lots in order to
construct 22 attached single-family dwelling units at the northeast corner of North Wycoff Avenue
and 25th Street. The recommendation included twenty-one (21) conditions to be imposed for final plat
approval.
ATT ACHMENTS: (1) Procedures for Close Record Hearing. (2) Hearing Examiner
Recommendation. (3) Shoreline Substantial Development Permit Decision. (4) Staff Report. (5) Site
Plan. (6) SEP A. (7) Hearing Examiner decision on Appeal of Shoreline Substantial Development
Permit. (8) Proposed resolution on Hearing Examiner's recommendation. Note: Staff Report
Appendicies A through S are available in the City Council office
FISCAL IMPACTS (Include Budgeted Amount): None
CPPROVALS:
DEP AR TMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MA YOR:
FISCAL/BUDGET:
OPERATIONS:
COUNCIL PRESIDENT:
:tU-d)0
I CONSENT AGENDA 0 I
CLOSED RECORD HEARING - N/A
CLOSED RECORD HEARING - N/A
~,!/V'-L/'" v/l.vr:" _--,
/ '
RECOMlVIENDED MOTION: Move to pass resolution"No. J'f'38 approving and adopting the
Findings, Conclusions and Recommendation of the Administrative Hearing Examiner and approve the
preliminary Planned Unit Development and plat for the Wycoff PUD subject to the proposed
conditions.
COUNCIL ACTION: [J"'Approve 0 Deny 0 Table
o
o Continue 0 No Action
RESOLUTION NO. ~CJ 3 fJ
o
A RESOLUTION of the City Council of the City of
Bremerton, Washington, approving the preliminary plat and
planned unit development (File No. BP04-00231).
WHEREAS, the City has received an application for a Preliminary Plat and a
Planned Unit Development for a 2.486 acre parcel located at the northeast comer of North
Wycoff Avenue and 25th Street from Tiferet LLC; and
WHEREAS, On June 15, 2004, the Administrative Hearing Examiner held an
open record hearing on the applications pursuant to BMC 21.02.855; and
WHEREAS, the Administrative Hearing Examiner has entered findings,
conclusions and a recommendation to the City Council dated June 28,2004, for Council's
acceptance and approval; and
WHEREAS, a closed record hearing was held on4~~~ /F ,2004, to
consider the Administrati ve Hearing Examiners findings, concluslO s and recommendations;
NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY RESOLVE AS FOLLOWS:
o
SECTION 1. The City Council hereby approves and adopts the findings,
conclusions and recommendation of the Administrative Hearing Examiner attached and
incorporated herein as Exhibit "A" and approves the Preliminary Plat and Planned Unit
Development for North Wycoff Avenue and 25th Street (File No. BP04-0023I ) subject to the
proposed conditions contained in Exhibit "A."
SECTION 1. Effective Date. This Resolution shall take effect and be in force
immediately upon its passage.
PASSED by the City Council of the City of Bremerton, Washington this ~
day of C?~ ~/J.A.r, ,2004.
~~
D N NYGREN, C il President
ER A. LUBOVICH, City At mey
R: \LEGA L \Resolu tions\Comr!~u.ni~
o
North fVycoff Preliminary Plat and PUD
o
BEFORE THE HEARINGS EXAMINER
FOR THE CITY OF BREMERTON
In the Matter of the Application of )
)
Tiferet LLC, )
)
For Recommendation of a Preliminary Plat )
and Planned Unit Development. )
)
NO. BP04-00231
Wycoff Dwelling Units
FINDINGS, CONCLUSIONS
AND RECOMMENDATION
SUMMARY OF RECOMMENDATION
The Hearings Examiner recommends to the Bremerton City Council that the request for approval
of a Preliminary Plat and Planned Unit Development (PUD) to subdivide 2.486 acres ofland into
22 individual lots in order to constmct 22 dwelling units at the northeast comer of North \\lycoff
Avenue and 25th Street be GRANTED, with conditions. The appeal of the Mitigated
Determination of Nonsigniticance is denied.
Development of this proposed project is dependent upon approval of a Shoreline Substantial
Development Pennit. The Shoreline Substantial Development Permit wi1l be decided by the
Director of the City of Bremerton's Department of Community Development.
o
SUMMARY OF RECORD
Request
Mark Goldberg of Tiferet LLC (Applicant) requests approval of a Preliminary Plat and a Planned
Unit Development to plat a 2.486-acre parcel ofland into 22 residential lots t'i)r the purpose of
constmcting dwelling units. The subject property is located at the northeast comer of N0l1h
Wycoff Avenue and 25th Street, Bremerton, Washington.
Hearing Date
The Hearings Examiner for the City of Bremerton held an open record hearing on the matter on
June 15,2004. The City recommended approval at the hearing, the Applicant expressed
agreement with the recommended conditions, and several citizens spoke in favor of the proposed
development. There was also testimony offered in opposition to the proposed development.
1.
2.
3.
4.
5.
0 6.
7.
8.
Testimony
The following individuals presented testimony under oath at the open record hearing:
Robert Grumbach, City of Bremerton Depaliment of Community Development
Brett Vincent, Assistant Attorney for the City of Breme110n
Dri Ralph, City of Bremerton Department of Ecology
Paul Wandling, City of Bremerton Department of Public Works & Utilities
Keith Maehlum, for the Applicant
Mark Kuhlman, Civil Engineer, Team 4 Engineers
Phil Olwell, Citizen
Sam l\lc1\lanus, Citizen
9. Donald Flanig, Citizen 0
10. Jason Skifstaff, Citizen
11. Chris Thatcher, Citizen
12. Larry Taylor, Citizen
Exhibits
The following exhibits were admitted into the record at the open record hearing:
1. Exhibit 1: Staff Report
2. Exhibit 2:
Attachment A: Application
Attachment B: Comprehensive Plan Designation Map
Attachment C: Shoreline Environmental Designation Map
Attachment D: MONS & Checklist
Attachment E: Applicant letter requesting additional information
Attachment F: Documents regarding cleanup of contaminated soils
Attachment G: City ordinances regarding the zoning designation
Attachment H: Court and Shoreline Hearing Board decisions relating to view
conidor
Attachment I: Neighborhood Meeting material
Attachment J: Geotechnical Report
Attachment K: Shoreline jurisdiction site plan
Attachment L: Site pictures
Attachment M: Conditional Water & Sewage Availability letter 0
Attachment N: Preliminary Storm Drainage Report
Attachment 0: City Engineer traffic analysis email
Attachment P: City comments
Attachment Q: Local and State Agency comments
Attachment R: Public comments received
Attachment S: Notice
Attachment T: Power Point Hard Copy
Attachment U: Correspondence from B & A, Inc., dated June 15,2004
Attachment V: Email from Steve Erland
Attachment W: Letter from Nadine Bruns
Attachment X: Comments from City Staff
Attachment Y: Rezone MDNS from J 994
Attachment Z: City's Response to SEPA ]VIDNS Appeal
Attachment AA: Aerial View of the Site
Attachment BB: Report on the Pier
Attachment CC: EIS Reversal from 1994
Attachment DO: Comments from Sam McManus
Attachment EE: Comments from Chris Thatcher
Attachment FF: SEPA MONS Appeal
Attachment GG: City's Response to Mr. Thatcher's Comments
Attachment HH: Additional Documents from Proposed 1994 Rezone
Attachment 11: Letter from\Vashingtol1 State Dept. of Fish and \Vi!dlife, dated 0
February \ () 2004
Findings, ('oi!()usioJr)' (\: ReconnTlcndalion
H\'cq!rL)\ [/n//.;,', ;\i(J. BP04-[)O_!31
Page 2
o
o
o
Attachment JJ:
Attachment KK:
Attachment LL:
Additional Notice Documents
City's Response to SEPA MDNS Appeal, continued
Appellant's Ans\ver to City's Response to SEPA Appeal
Upon consideration of the testimony and exhibits admitted at the open record hearing, the
Hearings Examiner enters the following Findings, Conclusions and Recommendation:
FIND INGS
1. The Applicant requests approval of a Preliminary Plat and a Planned Unit Development
(PUD) to subdivide 2.486 acres into 22 lots with residential dwelling units.! The subject
property is located at the northeast comer of North \Vycoff Avenue and 25th Street,
Bremerton, Washington.2 Exhibit 1. Stal/Report, pages 1-2; Exhibit 2. Attachment B.
Application, page 3.
2.
The property was zoned Single Family Residential (SF2) in 1988. In 1993 a Mr.
Haselwood filed a rezone application to develop the property as Single Family
Residential (SF3). However, the site-specific rezone application was never acted upon
because tv1r. Haselwood withdrew his application. In 1996 the City of Bremerton's
Comprehensive Plan was updated and, as part of an area-wide rezone to accomplish
consistency with the zoning code and the Comprehensive Plan, the property was rezoned
SF3 by the Bremerton City Council. In 1997 an Emergency Ordinance was passed by the
City Council in response to a decision by the Growth Management Hearing Board. At
that time the property, again as part of an area-wide rezone, was rezoned by the Council
as Single Family Residential Low Density (SF3), which is the current zoning designation
and the zoning designation vested for this request. E\'hibit I. StqflReport, pages I. 7-8.
Area-wide rezones are legislative actions that do not require individual notification of
propeliyowners. Such legal notices are generally published in the official newspaper.
Exhibit 1. Staff Report. page 8: Testimony a/All'. Gi'/lmbach; Exhibit 2, Attachment HH
3. The site was fomlerly used as a bulk fuel storage and distribution site operated by Unocal
Oil. The storage tanks were removed by 1980 and the supporting structures were
removed by 1989. Hydrocarbon contamination in the soil resulted from the fuel storage.
State-required mitigation to cleanup the soils was completed and two reports, dated June
19, 1987, and March 7, 1 98(i, concluded that the remaining kvels of contamination were
safely below the maximum allowed levels. The City contacted Neal Wood at the
Washington State Department of Ecology who determined that there \vere no existing
concerns about the safety of the soils, However, Mr. Woods directed that if high levels
of contaminates are discovered during construction (indicated by strong odors or fumes),
I By separate appljcatJOI1, the Applicant also requests approval of an administrative Shoreline Substantial
Development permit which will be decided in a separate administrative decision.
1 .
- The parcel'.;; leg<d description is: a pnniun of govemrnent lot 7, sectIon 10, to'.vnship 24 nonlL range 1 east.. \V.N!.,
In Kitsap -County, \V'3shington a cOtnplet.:'. de:'~cr1pt'ion). The parcel n,ulnber is (o:'cord,::,d J:') --l"ax J\CCOUDI Nunlber
102401-4-0292004.
}-"indings, C'Uf"i'..'/usioli:' (X: Rc:-_onrnlc'nduri()/?
[)\ L:';i/r~: I-JF-'{)-J. .')()} ?
the Washington State Department of Ecology should be contacted. Exhibit 1. Stc!ff
Report. page 7.
o
4. The Applicant has proposed the PUD for development of the 22 dwelling units to allow
reduction of the zoning side yard setbacks required by Code in the SF3 zone. The
Bremerton Municipal Code has specific standards for a PUD that are set forth in Chapter
21.02 which address perimeter and interior setbacks: height restrictions: open space
requirements; minimum lot size requirements; street and pedestrian circulation standards;
and parking requirements. The proposed subdivision would contain 22 lots ranging in
area from 1.564 square feet to 5,264 square feet. Perimeter setbacks would range from IS
feet to 25 feet. Exhibit 1. Staff Report. pages 13. 15-16. The development, as proposed,
meets the bulk and setback requirements for a PUD established in the Bremerton
Municipal Code. Exhibit 1. StaflReport, pages 11-16: Exhibit 2. Attachment GG
5. The subject property is currently undeveloped and contains a fir, cedar, maple, and alder
tree canopy, and a relatively thick understory of small trees. The site also contains
blackberry bushes, horsetails, ferns, and salmonberry bushes. E.xhibit I.StcdfReport.
page 3.
6.
The subject property is currently served by public water and sanitary sewer services.
Access to the site will made available through two ingress/egress points on 25th Street.
two off-street parking spaces per dwelling will be provided. Exhibit 1. Staff Report.
page 3: Testimony ofAfr. Grumbach.
7.
On site is an old pier. Renovation or removal of the pier is not part of the Applicant's
proposal. Any action on the pier will require further administrative review. Testimony of
/vfr. Grumbach.
o
8. The Applicant would place a fence at the perimeter of the development that would be
approximately 6 feet in height and constructed of wood, possibly cedar. Testimol1.vof
l\llr. Afaehlum.
9. The Applicant proposes using a direct discharge system for stann water. There would be
no detention or retention pond t()r the stonnwater. but a vvater-enhancing bioswale vvould
be installed as a means to treat the water prior to its release into the Port Washington
Nan.ows. The Washington State Department ofFish and \Vildlife indicated that a
Hydraulic Project Approval (HPA) pennit is required for discharge of stann "vater
directly into the Port Washington Narrows. The City of Bremerton Engineer must
approve final stann drainage plans and an HP A must be issued prior to finalizing the
PUD/Subdivision. Exhibit 1. StaflReport. page 22: Exhibit 2, Attachment.IV: TestimonY'
a/Mr. vvculdling
10.
The subject property slopes steeply (greater than 40 percent) adjacent to Wycoff Avenue
North. It slopes east downward at approximate 22 percent slopes. The eastern portion of
the parcel is relatively flat with the eastern edge of the site tenninating in steep slope low
marine bluffs between :\ and 12 feet high. The 40 percent slopes classified the site as
containing Landslide Ho::ard Areas Sleep Slopes and WI Erosion Ha::ardous Area
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Findjngs, C'Ol7('llfSi0l1S (~ ReC:'Ol7liJlc/[(!urio;/
{"'-7Ilr\" :\"(J .B.P()4...;'}(i}3J
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13.
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pursuant to BMC Section 21.22.] OO(b )(2), (3 ){v), and (4)( i i). Such areas cannot be
disturhed unless a geotechnical report supp0l1s modification of the standards pursuant to
BMCSection 21.22.1 OO(c)(2). Golder Associates prepared the Geotechnical
Investigation of Project Site at 25th Street and Snyder A venue N, dated April 5, 2004. An
addendum to that report was dated May 26, 2004. The investigation tound no geologic
hazards that would preclude development of the site as proposed. Exhibit 1, Staff Report,
pages 3. 16: Exhibit 2, Attachment GG.
11.
Approximately one half of the subject propetiy is covered by the Bremerton Shoreline
Master Program (SMP) which contains a number of site development standards,
including height restrictions to preserve view corridors. The view corridor was
determined to be from the nearest public street, 25th Street. The view cOlTidor was
calculated using only that portion of the property that is subject to shoreline jurisdiction.
The entire parcel's width is 433 feet, rendering a view cOITidor of 151 feet. Such a view
corridor would disallow development in 75.8% of the property in the shoreline
jurisdiction, a restriction that is inconsistent with the intent of an urban residential
environmental designation. As calculated from 25th Street, using only that portion of the
parcel subject to shoreline jurisdiction, a minimum view corridor ono feet is required.
The Applicant's proposed view corridor is 89 feet 6 inches. The proposed development
does not impair views of the water from upland residential properties, given that the
proposed height of the dwelling units I;vould be elevated approximately 8 feet above the
existing street grade. If the Applicant were to develop the uphill townhouses to the
maximum allowed zoning height of 30 feet, the dwelling units \vould only be elevated 17
feet above the existing street grade. Exhibit 1, Star/Report, page 8- /1: E-rhfbit 2,
Attachment H: Exhibit 2, Attachment T; Testimol1)' ~(Robert Grumbach.
12. Pursuant to BMC 21.02.490, a minimum 20% of the total area of the PUD shall be
dedicated as common open space. The proposed open space of the development would
be located in t\\'o tracts that would be connected by an open space corridor between units
4 and 5, which would also be part of the common open space. The site plan shows a 25-
foot perimeter setback from the Ordinary High Water Mark (OHWM), though only a 15-
foot perimeter setback is required. The area between the 15-foot perimeter setback and
the 25-foot perimeter setback is considered common open space. The total proposed
common open space accounts fix 23% of the total area of the PUD (20.1 %l if the
additional OHWM setback area is not included). At least two-thirds of the common open
space in the site plan is "acb ve" open space, as required by BMC 21.02.490( d)(3).
Exhibit 1, StaflReport, pages 14-15: Testimony a/Mr. Grumbach: Exhibit 2.
Attachment GG.
The allowable housing density in the SF3 zone, with 15% of the site designated as open
space, is a maximum of 8 dwelling units per acre. The allowable housing density under a
Planned Unit Development (PUD), with ::w% of the site designated open space, is a
maximum of I 0 dwelling units per acre. The proposed 22 dwelling units on a 2.486-acre
lot, \\'ith more than 200,<J designated open space, yields a housing density of 8.9 dwelling
units per acre, vvhich is permitted ';\/ith the PUD. E,hi J Report poge /3.
F'indings, C'Olic/u.:)'i/:;ns R;.:'c.'();n;('!c',::duri{)/!
{.'";-;;"t,l. l1l-J[)4--002_? /
14.
As required by Section 5-19 of the Bremerton SMP, "improved public access" to the
shoreline must be provided. The Director of the City of Bremerton Depar1ment of
Community Development detelmined that the eastern segment of the public sidewalks
located adjacent to 25th Street meets the requirement for improved public access, as it
provides excellent visual access to the shoreline environment. Moreover, he detennined
that the improved public physical access should not be extended to the waterfront
because limiting disruptions to the marine bluffs is in the public interest and monitoring
irresponsible behavior on the waterfront would be difticult for the property owners. As
previously noted, permits pursuant to the state shoreline Act will be reviewed separately
(See Fn.l). Exhibit 1, Staff Report. page 20: Testimony o{Mr. Grumbach.
15. The City of Bremerton submitted the proposal to other state and local departments for
review and comment. The City of Bremerton Engineering Division of the Department of
Public Works & Utilities submitted two letters dated January 9, 2004, and January 27,
2004, in which it recommended approval of the PUD subject to compliance with sewer,
street, lighting, and erosion control standards. Exhibit 1. Stat/Report, page 23: Exhibit
2. Attachment Jo.-f; Exhibit 2. Attachment P. The City of Bremerton tranic comments
were submitted by email on May 19,2004. In that analysis, Paul Wandling, a city
official, reported no significant traffic impact resulting from the proposed development.
At most, he noted, traffic would increase in the area by one vehicle every three minutes.
Exhibit 1, Staff Report. page 23: Exhibit 2. Attachment 0.
16.
The Washington State Department of Fish and Wildlife (\VDFD)submitted a letter on
February 10,2004, that recommended approval of the PUD, but listed several concerns.
The project would require a Hydraulic Project Approval, to be issued by WDFD;
bulkheads should not be pennitted on the site; non-native plant species should be
replaced with new native vegetation; and, personnel should be contacted at \VDFD to
determine whether a bald eagle management plan is necessary prior to the removal of any
trees.3 Exhibit 1. Star/Report. pages 23-24: Exhibit 2, Atrachment Q: Exhibit 2,
Attachment 11. An email submitted by Sandra Lange of the Washington State Department
of Ecology on February 12, 2004, stated that the view corridor \Vas adequate, given the
odd shape and depth of the lot. Exhibit I, StaflReport. page 24.,- Exhibit 2, Attachment
Q. Finally, the Bremerton - Kitsap County Health District offered general suggestions
relating to the use of non-hazardous fill materials. Those suggestions were submitted in
writing on February 24, 2004. Exhibit 1, StafTReport, page 24: Erhibit 2, Attachment Q.
17. Several witnesses presented oral testimony at the hearing. While they supported the
proposed development, all witnesses at the hearing expressed concem with aspects of the
proposal. Their cone ems were as fo11O\vs: 93% of the land will be cleared; an
Environmental Impact Statement should be completed to ensure the sustainability of the
development,; all of the conditions set forth in theMDNS are required by statute and thus
the Applicant is not required to expand on amenities: the stann water drainage system is
questionable because the system may be nearing its capacity; the project will not be in
. Upon review. tbe Vv'ashington State Department (OrFish and WiJdLite affmned that ther(' L' no need for a bald eagle
management plan prior to the removai of tree:, The eagles use: the :iite len' perching, Air
Grumbach,
10age 6
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hatmony with the neighborhood's character; the zoning of the area should remain SF2;
traffic will worsen markedly as a result of the development: insufficient public access is
proposed; a fence around the property will further isolate the parcel from the
neighborhood; the proposed open space is insufficient; the shoreline setback was
incorrectly calculated; the proposed view' corridor is insut1icient; and the PUD process is
not in the best interest ofthe citizens. Each of these concems was addressed in the Staff
Report or at the hearing. TestimonvafMr. Orwell: Testimony oOVfr. ivfcManlls:
Testimony oflvfr. Flanig; Testimony ofA!r. Sk(fstaff Testirnony olAlr. Thatcher:
Testimony anvIl', Ta,vlor.
18.
Pursuant to the Washington State Environmental Policy Act (SEP A) (RCW 43.21 C), the
City of Bremerton was designated lead agency for review of environmental impacts
caused by. the proposal. Upon review of an environmental checklist and the requirements
of city ordinances, the City's responsible official detennined that the proposal would not
have probable signiticant environmental impacts. He issued a Mitigated Determination
of Non significance (MDNS) on May 28,2004. Exhibit 1, Stal/Report, page 28; Exhibit
2, Attachment D. A timely appeal of the MDNS was received by the City on June 11,
2004. In his appeal, and in his rebuttal dated June 22, 2004, Mr. 01well asselis inter alia
that the public's involvement in the process was comprhmised; an Environmental Impact
Statement (EIS) should be required; the current zoning designation is incorrect; and that
the lead agency failed to consider existing documents relevant to the parcel's
environmental history. The MDNS appeal did not include a statement of standing or a
signed statement that the facts of the appeal are tme. Mr. Olwell 's answer did include a
signed statement that the facts of the appeal and of the rebuttal are true. Exhibit 2,
Attachment FF: Exhibit 2, Attachrnent LL.
19. The City of Bremerton issued a written response to the MONS appeal on June 15,2004.
In the response, the City ansvv-ered that the zoning designation and all other factors of the
proposed development are consistent with the City of Bremerton 's Comprehensive Plan,
the City of Bremerton's Shoreline Management Program, and all other regulations.
Moreover, the City urged that the appeal failed to meet its burden of proof in that it
claims violations oflocal and state laws and regulations without citing specifi.c facts to
support such allegations. The City requested that the Hearing Examiner dismiss the
appeal. Exhibit 2, Attachment Z; Exhibit 2, Attachment KK.
20. Notice of proposeclland use and SEP A actions was posted on the subject property on
February 9, 2004, published in The Sun on February 2 and 9, 2004, and mailed to
adjoining property owners on February 3,2004. A second notice of proposed land use
and SEPA actions was posted on the subject property on A.pril 30, 2004, published in the
The Sun on April 30,4004, and mailed to adjoining property ovvners on April 28,2004.4
A notice of revised shoreline and SEP A applications \vas posted on the subject property
on May 7,2004, published in The Sun. on May 7,2004, and mailed to adjoining property'
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" A second notice of proposed land use anJ SEPA actio!]s \I,]S Jeq [,ired becC\\l';e !.he
resulted in a n::'\'!;;ed site pbn and the reduction from 14 to 2} propo;;,;;d d\\elling :>nib.
required a seccnd notlce and a second :::crnllTlent period. tC;~chihit i. , ,nu,:;e /,
! report of [he site
Such ~tgndjcant cflanges
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owners on May 6, 2004.5 Notice of public hearing was posted on the subject property on 0
May 28, 2004, published in The Sun on May 28. 2004, and mailed to adjoining property
owners on May 26, 2004. All notices were given in accordance with the City of
Bremerton's notice requirements set forth in BMC 21.02.895. Exhibit 2. Attachment S.
CONCLUSIONS
Jurisdiction
Pursuant to Sections 2.13.070,2.13.080 and 21.02.855 of the Bremerton Municipal Code
(BMC), the Hearings Examiner for the City of Bremerton has jurisdiction to hold open record
pre-decision hearings on Preliminary Plat and Planned Unit Development applications and
recommend action to the City Council. The recommendation may be to approve, approve with
conditions, or deny the application. BlvIe 2.13.110.
Criteria for Review - MDNS Appeal
The Hearing Examiner is directed in BMC 21.02.935 to review land use and development
decisions that are subject to appeal based on, in part, the follow.ing criteria:
(g) Content of Appeal: An administrative appeal shall not be accepted unless it is
written, accompanied by the required appeal fee, and contains at least the
following information:
(1). Appellant's name, address and phone number.
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(2). Appellant's statement describing his or her standing, as a party of
record, to appeal.
(3). Identitication of the application which is the subject of the appeal.
(4). Statement of grounds for appeal and the facts upon which the appeal is
based.
(5). Statement of the relief sought, including the specitlc nature and intent.
(6). A statement that the appellant has read the appeal and believes the
contents to be true, followed by the appellant's signature.
(j) The appellant shall bear the burden ofpraving the administrative decision was
not supported by substantial evidence.
5 A revised notice ofshore]jne and SEPA 3ppiications was required when [he City Ieamed that LOOO yards of cut
and 9,000 yard of fiB would be removed during Jev<::bpmenL Th:1l information W,Li not ;wadable and needed to be 0
included in the SEPA, resulting in revised shoreline dnd SEPf-\ applicC1rwns and an adcbtional comment period.
Exhihit 1. Slaf/Report puge 6. .
Fjndings, (Conclusion:;- & Rccolnnlendution
L/nir)' ;\~C). _8fl():.J.-()()23l
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Criteria for Review - Preliminary Plat
To recommend approval of a Preliminary Plat, the Hearing Examiner must tind that the
application satisties the criteria for a Preliminary Plat; is consistent with the Comprehensive
Plan; and confonns to all applicable City development regulations, minimum standards, and
design guidelines. BMC 21.02.885. The criteria for approval of a Preliminary Plat are found in
Chapter 58.17 of the Revised Code of Washington. Pursuant to RCW 58.17.110(2), a
Preliminary Plat application may not be approved unless:
(a) appropriate provisions are made for the public health, safety, and general welfare and
for such open spaces, drainage ways, streets or roads, alleys, other public ways,
transit stops, potable water supplies, sanitary wastes, parks and recreation,
playgrounds, schools and school grounds and all other relevant facts, including
sidewalks and other planning features that assure safe walking conditions for
students who only walk to and from school; and
(b) the public use and interest will be served by the platting of such subdivision and
dedication.
Criteria for Review - Planned Unit Development
1. BMC Sections 21.02.480 and 21.02.490 require a PUD to confonn to the following general
and specific criteria:
General Standards
(a) The location. design, and uses of the PUD shall be consistent with the
Comprehensive Plan. Bremerton Shoreline Management Program. and H'ith other
applicable plans and ordinances adopted by the 0(1'.
(b) The PUD shall be integrated lvith its slllToundings and designed to harrnonize
ll'ith existing or proposed development in the neighborhood. In the case of a
departure in character Fom the surrounding land uses, the scale. intensity and
design shall adequateZv reduce the impact of the development in slich a way that
[he project will not be detrinzental to the neighborhood.
(c) The traffic generated bv the PUD shall be accommodated sa/eZv and within the
adopted Levels olServicefor affected streets.
(d) All development wi!! be adeqllate~v served b.1' existing or plannedjacilities and
services.
(e) The PUD H'ilI reslIlt in WI attractive. healthlit!, efficient Clnd stable environment
for living. shopping. vvorking. and leisure activities'
(f) The development plan shall make adequate and appropriate provision lor the
.tDre,scr"vCIti{)1} of' the el-n,'ironlr!~?rl!, rldturat and rnan~lnade~ and the
conservati on of energy,
Fr"ndings,
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Specific Standards
(a) Parcel Size: An area not less than one (l) gross acre in size mal' be considered
for a PUD...
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(b) Perimeter and Interior Setbacks:
(1) ...{{ the PUD includes a combination of zones, the most restrictive setbacks
shall appZv. Reduced setbacks may be considered .vhen not adjacent to the
perimeter of the PUD.
(2) The perimeters of all PUDs one acre or larger in area shall maintain
minimum front, side. and rear setbacks according to the height of the
buildings, asfollo'vvs:
---,
Height (in ft) Front I Side Rear
i
0-25 20 ft. 1 0 tt. 10ft.
25-35 25 ft. 15 ft. 15ft.
Over 35 30 ft. 20 ft. 20ft.
(3) To meet perimeter setback requirements, structures may be designed to step
back as height increases. For example. the first 25ft. of a building ma.v be
constructed'vvith a 20ft. Font setback but additional height would require a 0
greater setback.
(4) Non-perimeter setbacks within the PUD shall be based on the required
setbacks of the underZving zone buy may be modified through the PUD
process to achieve project design objectives.
(c) Height: Building heights in a PUD may be varied from the underlying zone
district(s). However, building heights shall be compatible with the scale of the
surrounding neighborhood to maintain privacy, retain scenic views, and ensure a
reasonable balance of light and shadow on adjacent properties.
(d) Open Space:
(1) A minimum of fifteen percent (15%) of the total area of a PUD shall be
dedicated as common open space. Open space shall be provided for active as
well as passive recreational activities, and for the preservation of existing
natural site amenities whenever possible...
(2) Open space and supporting facilities intended for recreational use shall be
designed and located to not adversely impact surrounding land use, especially
exiting residential uses.
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FindiJ?g.)~, C'onell/sion:.- C=~ ReCOtrllJICiulu!ion
rf<\'coj(D\vc--!/ing [/nits. /\,'(f BP04-{iO_"3.i
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(3) Open space and its intended uses shall be clearly designated on the site plan.
At least two-thirds of the open space area shall be suitable for active
recreational purposes. The City will base its acceptance of these areas on
their dimensions, usability, location, slope, and physical improvements. ...
(e) Circulation
(1) All streets and rights-of.-way shall be dedicated, designed and constmcted in
accordance with the City's adopted street standards.
(2) Interior roadways that do not provide access to individual lots, but that
provide access to individual structures, apartment buildings, or manufactured
homes on a single lot, are considered driveways, are not subject to street
development standards, and their adequacy of design will be reviewed and
decided through the PUD process.
(3) A pedestrian circulation system shall be designed to assure that pedestrians
can move safely and conveniently both onJhe site and between the site and
nearby properties and activities, as appropriate.
(4) All streets and parking areas shall contribute to the overall aesthetic design of
the PUD, while minimizing traffic congestion and the amount of impervious
surface area..._
Conclusions Based on Findings - MDNS Appeal.
1. The appellant did not meet his burden of proof. The burden of proving that an
administrative decision was not supported by substantial evidence is placed on the Appellant.
In this case, the appellant did not supply a sufficient factual basis to meet his burden of proof.
No evidence or testimony was submitted that proved environmental impacts that were not
identified or mitigated during the SEPA process. Findings afFact Nos, 18. 19,
Conclusions Based on Findings - Preliminary Plat
1. The proposal is consistent with the Comprehensive Plan. The City of Bremerton
Comprehensive Plan recommends PUDs in shoreline areas. Its goals and policies applicable to the
proposal include the t()llowing:
. Goal # 1 Urban Growth: "Encourage development in urban areas where adequate
publicfacilities and services exist or can be provided in all efficient rnanner. "
Supporting Policy (3): Accommodate ne'vv development with care so that
Bremerton will continue to be a well-balanced "most livable city."
it Goat # 2 Reduce Sprawt "Reduce the inappropriate conversion 0/ undeveloped
) . rI . I /- I' I . " '
!anu 1l7,,(} sprr.T\,vl/ng, .01-f-(tCllsztl' cle'vclo/]/!,'tent
F'indings, C~()nciu_,:joi?\' ~::- R,::'('onliIIC:I7du!ion
L '(01. B,P()4-f)()231
Supporting Policy (5): Promote the concept of development clustering to conserve
energy, save land, lower public costs, reduce sprawl, and provide open space.
o
· Goal # 4 Housing: "Encourage the availability 0/ affordable housing to all
economic segments of the population of this state, promote a variety o.fresidential
densities and housing (\-pes. and encourage preservation of existing hOllsing
stock.
. Goal # 9 Open Space and Recreation: "Encourage the retention of open space
and development o/recreational opportunities. conservefish and wildl~re habitat,
increase access to natural resource lands and water, and develop parks. "
Supporting Policy (3): Incorporate into new development proposals the provisions
of the adopted Waterfront Access Plan and other plans and regulations that call
for shoreline access improvements, pathways, or other forms of access or
facilities linkage.
HOUSING ELEMENT: Goal D (2) New Housing Development: "Provide a variety of
housing types and densities to meet changing needs ofBremerton residents."
Supporting Policy (3): Stimulate the production of new housing for all income,
age, family type and ethnic groups.
o
LAND USE ELEMENT: The property is located in the Central Bremerton Land Use
Plan (Element E, 8 (page 33)). There are no specific applicable policies to his
property.
ENVIRONMENTAL MANAGEMENT ELEMENT: Part of the property is located
'vvithin the 200- tl)Ot jurisdiction. of Bremerton' s Shoreline Master Program.
The following goals and policies are relevant to development within the
shoreline area:
B: LANDS ADJACENT TO SHORELINES:
Goal: "Encourage uses, densities and development patterns that
are compatible }vith shoreline uses and resource .values and that
reinforce the policies 0/ the Shoreline lYlanagement Act and
Bremerton 's Shoreline A1aster Program. "
Policy B-1: Consider the compatibility of proposed upland uses
with those allowed in each adjacent shoreline environment and
with the purpose and intent of the environment designation.
Policy B-2: ~'Iinimize shoreline impacts from residential
development on upland "\j property Le. stOiTn \vater run-off,
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Findings.. C'ou<.."lusiol7s& Rcc'ornrneru/ntf(J/7
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septic drain field seepage, intensification of risks from geological
instability, etc.
Policy B-3: "Adjacent lands" policies shall be implemented
through zoning, subdivision, short-plat and other land use
ordinances, and through mechanisms such as the Capital Facilities
Plan and budget.
C: URBAN LANDS (Shorelines):
Goal: "Protect both the economic viability and resource values of
urban shorelines. "
Policy C-I: Protect and preserve natural and/ or critical areas
through the developed urban environment and recognize that
Shoreline of Statewide Significance priorities also apply within our
urban area.
Policy C-6: Promote aesthetic and view protection through sign
control regulations, appropriate siting and screening requirements,
protection of view corridors, and the use of architectural standards.
0: PUBLIC ACCESS:
Goal: "Protect and enhance the rights or the general public to
enjoy the physical and aesthetic qualities of the shoreline. while
allmving controlled development consistent \vith the public
interest. ..
Goal: "Protect and enhance shoreline visual and ph.vsical access
consistent 'vl'ith Shoreline I'vfanagement Act and Public Trust
Doctrine principles. "
Policy 0-1: Protect areas with unique and/or fragile geological or
biological characteristics from inappropriate public access and use
through access and use regulations.
Policy 0-3: Assure that development, uses and activities on or near
the shoreline do not impair or detract from the public's access to
the water or shoreline..
Policy D-4: Enhance and preserve public views.
Policy D-6: Preserve, maintain and enhance public access and
views afforded by shoreline street ends, public utilities. and right;-
of-way whenever feasible.
.Finding.'.j', ('onciusioJ1.\ (5( ReCUnllllefU/{U10!i
L:;-ni/s l\'CO. .BP04.-(){)2 3 j
Po c;p I;
Policy D-9: Implement shoreline public access policy primarily
through applications of the City Comprehensive Parks Plan, the
Shoreline Master Program, the 'Waterfront Access Plan, and urban
renewal activities.
o
G: HOUSING:
Goal: "Permit residential development ill shoreline areas and in
the vicinity of other critical or sensitive lands on(v at densities that
can be proper(v served by needed utilities and roadH'aJ's and only
'vvhen ]ivithin the "carrying capacity" o( the site or general
location. "
Policy G-4: Encourage the use of Planned Unit Developments and
clustering of development to help protect natural features, preserve
open space, minimize physical impacts, and reduce the costs of
utilities and roads.
Policy G-5: Require adequate setbacks, buffers, and open spaces as
needed for shoreline development to protect vegetation, natural
features, views, and other aesthetic characteristics.
o
The proposal will provide additional housing for the City of Bremerton in a location
where city services already exist. The proposed development appears consistent with
Bremerton's desire to continue to be a "most livable city" and with other provisions of
the Comprehensive Plan. Findings of Facts Nos. 1-4. 11-14, 19.
2. The proposal is consistent with identified zoning standards. The proposed subdivision
will create 22 dwelling units. The project, as proposed, meets the bulk and setback
requirements of the city code. Findings of Facts Nos. 1, 2. 4. 13.
3. With conditions, appropriate provision will be made for the public health, safety and
general welfare and for aU other relevant facts. Conditions of approval will mitigate
traffic impact by requiring frontage improvements. The City conducted environmental
review of the proposal and determined that it would not result in signiticant adverse
environmental impacts. City of Bremerton utilities will be available to each of the 22
dwelling units. The Applicant will preserve existing vegetation where possible and will take
measures prior to clearing and construction to mitigate erosion impacts. The Applicant will
provide public access to a shoreline overlook (sidewalk) that will enhance visual access to
the shoreline area. Conditions of approval are necessary to ensure future frontage
improvements are installed, the public access is constructed, and that the concerns of the
public works department are addressed. Findings oFFacts Nos. 4, 6, 8, 10, J], 14. j 8.
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Findings, Conclusion, & RCCOiilfilC!u!unOi!
H~vco/rDH'e//ii7g ern irs. JV() B PU4.-{)i)] 3;'
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4. The public use and interest will be served by the creation of 22 d\H~lling units
complying with City of Bremerton zoning standards. The proposed plat will provide
increased housing opportunities for residents of Bremerton in a manner consistent with the
criteria tor approval of preliminary plats. Findings of Fact No,~. 1,2,4,13,19.
Conclusions Based on Findings - Planned Unit Development
1. With conditions of approval, the location, design, and uses of the PUD will be
consistent with the Comprehensive Plan, Bremerton Shoreline Management
Program, and with other applicable plans and ordinances adopted by the City.
Clustering residential dwelling units is consistent with several goals and policies of the
Comprehensive Plan and Shoreline Master Program referenced previously in this report. A
condition of approval is necessary to ensure adequate public access is provided. Findings
of Fact Nos. 1, 11-14, 19.
2. The proposed pun will be integrated with its surroundings and designed to
harmonize with existing development in the neighborhood. The preservation of open
space and the design of the dwelling units integrate well with the residential development
found in the surrounding area. Findings o/Fact Nos. 1.2.4, 11-13. 19,
3.
The traffic generated by the pun can be accommodated safely and within the
adopted Levels of Service for affected streets. North Wycoff A venue and 25th Street are
each adequately equipped for moderate traffic t10\-\i and each is well below capacity for
traffic f1ov\!. The proposed PUO will have only a minor impact on tratlic in the area.
Finding of Fact No, 15.
4. The proposed development will be adequately served by existing facilities and
services. The subject property has City of Bremerton sewer and water available to it. Any
residents of the proposed PUD will have adequate services available to them. Findings of
Fact No.6.
5. The PUD will result in an attractive, healthful, efficient and stable environment for
living, shopping, working, and leisure activities. One of the primary benetits ofthe
proposed PUO is its proximity to the Port Washington NatTOWS. The type of development
proposed is highly desired by a number of citizens due to its proposed attractive nature and
proximity to urban amenities. Findings of Fact No, 1, 11-/4, 18.
6. The development plan will make adequate and appropriate provision for the
preservation of the environment, both natural and man-made, and the conservation
of energy. In addition to replacing non-native vegetation \-'lith nati ve vegetation, the
development will maintain the character of the shoreline ancl the natural slope of the parcel,
The existing pier will not be altered. Findings of Fact Nos. 7, lO, 11, 16, 18.
,
I.
An an-a not less than one (l) gross acn~ in size may be considered for a PUD. The Size
of the subject property is 2.486 acres Findings of . ,
Findings.
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8.
Perimeter and Interior Setbacks. All of the required pClimeter and interior setbacks have
been met. Findings of Fact No.4. 19.
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9. Building heights in a pun may be varied from the underlying zone district(s).
However, building heights shall be compatible with the scale of the surrounding
neighborhood to maintain privacy, retain scenic views, and ensure a reasonable
balance of light and shadow on adjacent properties. The height of the dwelling units is
permitted under the requirements of the SF3 zone and is consistent with the requirements
of the view corridor. Findings o/Fact No. 11, 14. 19.
10. Open Space. The site plan includes 23 percent open space, of which more than two-thirds
is designated as "active" open space. Such percentages exceed the open space
requirements set forth in BMC 21.02.490. Findings of Fact. No. 12.
II. Circulation. The proposed PUD will include streets and rights-of-way that confonn to the
City of Bremerton 's adopted street standards. Moreover, sidewalks will insure that
pedestrian circulation is safe and convenient. The streets and sidewalks will contribute to
the overall aesthetic of the development. Findings ofF a(t Nos. 4, 12. 14.
RECOMMENDATION
Based upon the preceding Findings and Conclusions, the Hearings Examiner recommends
approval of a Preliminary Plat and Planned Unit Development to subdivide 2.486 acres into 22 0
lots for the purpose of constructing dwelling units as described in the application. subject to the
following conditions:
I. The Planned Unit Development shall constitute a limitation on the use and design of the site
to those uses, designs and standards that are specifically included in the Planned Unit
Development. Such limitation shall remain in effect until the Planned Unit Development is
constructed, or until the preliminary approval expires in which case the previous zoning
automatically returns.
2. Two (2) off-street parking spaces per dwelling until shall be provided.
3. An open space guarantee, which ensures the retention of the open spaces and provides for
pennanent maintenance of the open space. is required per BMC Section 21.02.501 prior to
finalizing the Planned Unit Development.
4. Removal of riparian vegetation within the low marine bluff is prohibited in order to protect
the near shore habitat. This prohibition shall be recorded on the deed of title and/or face of
the plat and Planned Unit Development as a condition running at the same time with the
authorized land use. Proof of such restriction shall be demonstrated prior to issuance of
building pennits.
5. The clearing limits inchcat;::-d on the TISe Plan received by the Deparrrnent Cornmunity 0_
Development May 7; 2004 shall (:u-nstitute the lirnits of vegetation removal Anv cleared
Findings', ('Oi?c/tlsio_i'ls (~: Rec'onl/r:ei7c!Ctfir;l?
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vegetation within the shoreline areas 200 feet from the Ordinary High \Vater Mark shall be
replaced according to the conditions set forth in the Mitigated Determination of
Nonsignificance.
6. One street tree per twenty-five (25) lineal feet of street frontage shall be provided within the
front yard perimeter setbacks along Wycoff Avenue and 25th Street. The tree-planting
pattern shall be approved by the Department of Community Development prior to finalizing
the Planned Unit Development and shall be integrated into the overall design of the
development.
7. A landscaping plan for the Planned Unit Development shall be prepared by a licensed
landscape architect, submitted to, and approved by the City. The landscaping plan shall
include the vegetation replacement according to the conditions set forth in the Mitigated
Determination of Nonsignificance, street trees, and the landscaping of all required open space
areas not addressed in the SEP A.
8. Required landscaping and vegetation replacement shall be installed or bonded for prior to
finalizing the Planned Unit Development.
9. All construction shall be located such that the long-tenn stability of near shore habitat is
protected and that a bulkhead or other shoreline protection is not necessary. The installation
of a bulkhead or other shoreline protection shall be prohibited. This prohibition shall be
recorded on the deed of title and/or the face of the plat and Planned Unit Development.
10. A minimum 3D-foot wide public easement shall be provided waterward of the Ordinary High
Water Mark in accordance with the Bremerton Shoreline Master Program. The public
easement shall be recorded on the deed of title and/or face of the Planned LJ nit Development.
Proof of such restriction shall be demonstrated prior to issuance of building pennits.
It. Frontage improvements are required per Ordinance 4856. All improvements shall be
according to the City of Bremerton Engineering Standards. Improvements shall be installed
or bonded for prior to finalizing the Planned Unit Development. A Right of Way Pennit is
required prior to construction.
12. The private street shall be developed according to City Engineering Street Standards. The
street shall be installed or bonded for prior to tinalizing the Planned Unit Development.
13. A final stonn drainage plan must be approved by the City Engineer. Stann drainage facilities
shall be installed or bonded for prior to finalizing the Planned Unit Development.
14. If Washington State Department of Fish & Wildlife requires a Hydraulic Project Approval
(HPA) pcnnit, it shall be obtained prior to finalizing the Planned Unit Development. Any
conditions set f()rth in the HP A shall be included as conditions for approving the Planned
Unit Development
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IS. "Vater and sewer improvements shall be provided per the Conditional Wate~ and Sewer 0
A vailability letter. A water main extension and a sewer main extension into the development
are required and shall be installed or bonded for prior to finalizing the Planned Unit
Development.
16. Addresses for the individual lots shall be obtained from the Public Works department and
shall be indicated on the final plat.
] 7. All conditions set forth in the Mitigated Determination of Non significance shall be complied
with as a condition for approving the Planned Unit Development. Those conditions are:
a. All authorized clearing shall be limited to the minimum necessary to accomplish
construction. Clearing, grading, or filing of this site shall be limited to the period
April I and October I. All said site disturbances shall be marked in the field for
inspection and approval by the applicant's geotechnical engineer and city building
inspectors prior to alteration of the site, The face of the cut and f1l1 on slopes shall be
prepared and maintained to control against erosion. (Reference BMC
21.22.1 OO( c)( 1 ))
b. Soils used as borrow materials must be "clean", as defined in the Bremerton-Kitsap
County Board of Health (BKCBH) Ordinance 2000~6 "Solid "Vaste Regulations."
Clean is defined as the following:
...soils "which are not a dangerolls H'aste or prob/enz 'vmste. Problem waste includes
the following:
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...soils removed during the cleanup of a remedial action site, a dangerous waste
closure. other cleanup efforts, or other actions which contain hazardous
substances, but are not dangerolls 'vvastes:
...dredge spoils from the dredging olsl/Jface waters of the state 'vvhere
contaminants are present in the dredge spoils at concentrations not suitablefor
open .vater disposal and the dredge spoils are not a dangerous waste and are not
regulated by Section 404 of the federa I Clean Water Act (PL 95-217): or
... 'vvaste abrasive blasting grit or other materials used in abrasive blasting that
my contain. but is not limited to, silica, utility slag or copper slag. Waste
abrasi1.'e blasting grit does not include blasting grit that will be reusedfor its
intended pltlpose...
c. The applicant must ensure either by process kno\vledge or by testing, that fill material
is not contaminated. This would include the applicant's knowledge of the presence of
industrial/commercial facilities, plior disposal activities, or other activities that may
have contaminated the material to be used as fill.
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d. Only suitable materials shall be used as fill. Suitable fill does not include vegetative
organic matter, demolition or construction wastes, or other debris, except as provided
by the Unifonn Building Code (1994).
e. All construction-trenching activities conducted within 1,000 feet of an active or
closed landt11l should test for the presence of methane gas and take those safety or
engineering precautions necessary for the protection of human health and the
environment.
f. The applicant shall use all appropriate measures to control roadway carry-on or
fugitive dust from excavation activities or materials transportation activities necessary
to protect public health and the environment.
g. Disposal of excavated soil shall be taken to an approved site.
h. No tIll, or other construction debris, shall enter the adjacent Port Washington
Narrows. (Reference \V AC 197-11-660)
1. Armoring or constructing of a bulkhead along any part of the shoreline shall be
prohibited, except in the case of an emergency as determined by the City. (Reference
SMP and WAC 197-11-660)
J. All on-slope vegetation within the shoreline are that was not approved for clearing
per Team Engineering TESC Plan (received May 7,2004) and the geotechnical report
shall be retained to ensure slope stability and provide riparian habitat. (Reference
SMP)
k. The removal of vegetation within the shoreline 200-foot jurisdiction shall be restored
to as near pre-project configuration as possible and replanted with native grasses,
shrubs and/or trees. (Reference SMP)
1. Any of the trees indicated for removal on the Team 4 Engineering TESC Plan and
located within the 200-foot jurisdiction shall be replaced with the same or similar
trees. The replacement trees shall be located within the shoreline area. (Reference
SMP and WAC 197-11-660)
m. A 15-foot minimum vegetative buffer is required at the top vf the slope. The
vegetation and trees may be replaced per the geotechnical recommendations, but the
replacements shall consist of a variety of deep-rooting vegetation. (Reference BMC
21.22.1 OO( c )(3 )(iv)(2))
n. All recommendations set forth in the Golder Associates Inc. prepared Geotechnical
Investigation of Project Site at 25th Street and Snyder Avenue N dated April 5, 2004,
and the addendum dated i\Jay 26, 2004, shal1 be deemed conditions of approval ~md
complied \vith. (Reference Bi\ilC 21.22.1 OO{C)(3)(1 ))
Find ing.)', (~(;nc litS jeJ!!.'." (.\:RL-~CUI1l;.J7 Ci I c/o t iOli
if~l'c()/r[)H'e!!ing C"nit.\', \}{J. .BfJ04-00231
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o. If any artifacts are uncovered, the Department of Community Development and the 0
State Historic Preservation Office in Olympia (360) 753-4405 must be notified.
18. A final Planned Unit Development and plat meeting applicable development standards and
conditions shall be submitted to the City for approval within two years of the date of
preliminary plat approval pursuant to BMC Section 21.02.520(a).
19. Six (6) copies of the Planned Unit Development and plat (not Mylar) shall be submitted to
the Department of Community Development for final compliance review.
20. The Community Development Director shall approve the final Planned Unit Development
prior to finalizing the plat.
21. A copy of the recorded Planned Unit Development and plat shall be provided to the
Department of Community Development before building pennits are issued.
Based upon the preceding Findings and Conclusions, the Hearipg Examiner denies the SEP A
MONS appeal.
'1';;
Decided this {7' ~ day of June 2004.
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Jfr' es Driscoll
/H~rings Examiner for the City of Bremerton
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Findings. COilc!W'lOI1Y & RecOImnendcuion
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RESOLUTION NO.
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A RESOLUTION of the City Council of the City of
Bremerton, Washington, approving the Waterside Lane Final Plat
and Planned Unit Development (File No. BP05-00060).
WHEREAS, on August 18, 2004, the City Council passed Resolution No. 2938
granting preliminary approval to the Waterside Lane (25th & Wycoff) to divide 2.48 acres into 22
lots; and
WHEREAS, all conditions set forth in the preliminary approval have been met
and final plat and planned unit approval is requested; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The final plat for Waterside Lane is hereby approved.
SECTION 2. The City Council President is hereby authorized to sign the Mylar.
SECTION 3. Severa b ilitv. If anyone or more sections, subsections, or sentence
of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the
validity of the remaining portion of this Resolution and the same shall remain in full force and
effect.
SECTION 4. Effective Date. This Resolution shall take effect and be in force
immediately upon its passage.
day of
PASSED by the City Council of the City of Bremerton, Washington this_
,2005.
DAREN NYGREN, Council President
APPROVED AS TO FORM:
ATTEST:
ROGER A. LUBOVICH, City Attorney
P AULA JOHNSTON, City Clerk
R:\LEGAL\Resolutions\Community Development\Waterside Lane Final Plat and PUD.doc
DATE SUBMITTED: 12/05/05
BILL # OS - Jtf c;
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AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
loB
...........................................................................................1
SUBJECT: Habitat for Humanity of Kitsap
County request for $307,000.00 in City of
Bremerton HOME funds.
Committee Meeting Date: 12/14/05
COUNCIL MEETING Date: 12/21/05
Department: DCD - CDBG/HOME
Presenter: Betsy Howe
Phone: (360) 473-5211
Public Hearing
SUMMARY: As a member of the Kitsap County HOME Consortium, the City ofBremerton
receives an annual allocation of HOME funds from the Department of Housing and Urban
Development (HUD) to expand the supply of safe, sanitary and affordable housing for low income
persons. The City Council will make the final determination concerning the use of HOME funds.
ATTACHMENTS: Memo summarizing current request and availability of HOME funds.
FISCAL IMPACTS (Include Budgeted Amount): $307,000.00 in HOME funds (pass-through)
APPROVALS:
DEPARTMENT DIRECTOR:
OCITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
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RECOMMENDED MOTION: Move to approve ocation of $307,000.00 to Habitat for Humanity
of Kit sap County from HOME program funds.
FISCAL/BUDGET:
OPERATIONS:
COUNCIL PRESIDENT:
COUNCIL ACTION: D Approve D Deny D Table
D Continue D No Action
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DEPARTMENT OF
COMMUNITY DEVELOPMENT
MEMORANDUM
To: Bremerton City Council
From: Betsy Howe, CDBG I HOME Program Coordinator
Date: December 5, 2005
Re: HOME Application - Habitat for Humanity
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As you are aware, the City of Bremerton can accept applications for HOME dollars at any time during
the year. The City has received an application from Habitat for Humanity for $307,000.00 to partially
fund land acquisition costs for a proposed 11 unit development of affordable, owner-occupied
housing. The project would be located off Sylvan Way west of Pine Road.
Our Policy Plan calls for the involvement of DCD staff and the Councilmember in whose district the
project is proposed, which in this case is Councilman Brad Gehring, Dirstrict #1. The Mayor's input is
also essential. All parties have agreed to bring the request to Council, which will ultimately make the
decision.
A current accounting of the City of Bremerton's HOME project funds is as follows:
FY 2004:
FY 2005:
$ 238,528.00
$ 405.594.00
$ 644,122.00
Total:
Minus potential allocation for Habitat for Humanity:
Remaining HOME funds after this request for FY 2005:
$ ;1.QL.QQ.QQQ
$ 337,122.00
Habitat for Humanity of Kitsap County was recently awarded $565,206.00 for New Hope, an 18-unit
project located on Arsenal Way. Habitat also develops smaller clusters of one to four units throughout
the County and operates a retail center for used and donated building materials that cannot be
incorporated into Habitat projects. Knowing this, I encourage the Council to consider Habitat's
capacity to commit to the development of another 11 units in the next three years.
Should you have any questions or concerns, or wish to see the application in full, please do not
hesitate to contact me at 473-5211. .
DATE SUBMITTED: 12-08-05
BILL # -.o5...:3erc
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AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
7A.
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SUBJECT: Ordinance No. ~~'(:.Damending
Ordinance No. 4947 which amended the
Fiscal Year 2005 Budget as originally
adopted by Ordinance No. 4921.
Committee Meeting Date: 12-14-05
COUNCIL MEETING Date: 12-21-05
Department: Financial Services
Presenter: Laura Lyon
Phone: 473-5722
SUMMARY: The Bremerton City Council adopted the 2005 annual City budget by Ordinance No.
4921 on December 8,2004 which was then amended by Ordinance No. 4947 on September 7,2005.
Certain programs have been implemented and actions taken since the September amendment which
have an impact on the City's 2005 budget resulting in the need to further amend the 2005 budget
document.
ATTACHMENTS: Ordinance and Discussion Memo with attached fund recaps.
FISCAL IMPACTS (Include Budgeted Amount): The attached discussion memo and supporting
schedules provide the net fiscal impact to each fund for the proposed changes.
APPROVALS: /// /
O DEPARTMENT DIRECTO~/~/.
/ //-:
CITY ATTORNEY: v
FINANCE DIRECTOR:
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MAYOR: /.::;// !
FISCAL/BUDGET:
OPERATIONS:
COUNCIL PRESIDENT:
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RECOMMENDED MOTION:
Move to approve Ordinance No. 4'1~O amending Ordinance No. 4947 which amended the Fiscal
Year 2005 Budget as originally adopted by Ordinance No. 4921..
COUNCIL ACTION: 0 Approve 0 Deny D Table
o Continue 0 No Action
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Memorandum
To:
From:
Fiscal & Budget Committee
Mayor Cary Bozeman
Laura Lyon, Director of Financial Services ;;}
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Re:
Final 2005 Budget Amendments
Date:
December 7, 2005
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The City adopted the 2005 budget by Ordinance No. 4921 on December 8,2004
which was then amended by Ordinance No. 4947 on September 7,2005. As we
prepare to wrap up the financial transactions for the 2005 year it is necessary to
do one last amendment to the budget to incorporate Council actions that have
occurred subsequent to the mid year budget amendment - and to correct other
items that have come to the attention of the staff in Financial Services.
Enclosed is the final budget amendment ordinance and supporting schedules.
There are a variety of issues addressed in the amendments, but the primary
items are:
o
· Formally adopt and incorporate 2005 budget changes approved by council
subsequent to the mid year budget amendment.
· Reclassify expenditure categories as needed to properly reflect the actuals as
classified in accordance with Generally Accepted Accounting Principles.
· Provide increased expenditure authority to the ERR Fund for fuel costs.
· Provide increased expenditure authority for the GeneralFund General Facilities
Department for owner's association dues for the Norm Dicks Government
Center. ,
· Reduce and reallocate the General Fund Miscellaneous Non-Departmental
appropriation for personnel costs that will not be expended in 2005 and as
needed by the Police Department to cover additional costs associated with the
retirement of Chief Forbes.
· Provide expenditure authority to the Water Fund for debt service expenditures
related to Tracy ton debt assumed by the City. This debt service obligation was
apparently never included in the 2005 budget.
· Provide for the transfer of remaining unexpended funds from the Conference
Center Construction Fund to the General Capital Improvement Fund - allowing
the staff in Financial Services to close the Conference Center Construction Fund
at year end and leaving the unexpended funds in the ending balance of the
General Capital Improvement Fund. Final dispensation of those funds will be
determined by later Council action.
· Other miscellaneous adjustments as indicated in the ordinance and supporting
schedules.
o
I will be reviewing these adjustments with the Fiscal & Budget Committee at the next
scheduled meeting (December 14, 2005). The proposed adjustments will then be
reviewed with the full City Council that evening, with action requested on December 21,
2005.
Cc: Cathy Johnson
Mark McLaughlin
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ORDINANCE NO. it '1(:;0
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, amending Ordinance No. 4947 which
amended the Fiscal Year 2005 Budget as originally adopted by
Ordinance No. 4921.
WHEREAS, the City Council passed the Fiscal Year 2005 City Budget
Ordinance (Ordinance No. 4921) on December 8, 2004; and
WHEREAS, the City Council subsequently amended the Fiscal Year 2005
City Budget (Ordinance No. 4947) on September 7, 2005 to provide for certain programs and
actions taken up to that point requiring amendment to the 2005 budget (Ordinance No. 4947)
on September 7, 2005; and
WHEREAS, the General Fund (Fund 001) requires additional amendments to
the following Departments: City Council to fund the net additional cost to replace the
conference table in the Council conference room; Municipal Court for video arraignment
equipment expenditures and to reflect a transfer in of funds designated for this equipment
from the Equipment Rental Reserve Fund; City Auditor to fund personnel cost increases
associated with provision of a two step compensation increase and greater usage of council
support staff than originally provided for; Police Department for additional personnel costs
related to the retirement of Chief Forbes, and for expenditures to replace armor and the
transfer in of funds from the Risk Management Fund for a rebate specifically designated by
Council action to be used for that purpose (agenda bill 05-230), plus higher than anticipated
jail billings for September through December of 2005; General Facilities for tenant dues on
the Norm Dicks Government Center; and Non-Departmental to distribute funds in the
personnel set aside to the Police Department to provide for retirement costs of Chief Forbes,
reduce the budget appropriation in the personnel cost set aside for unemployment costs and
contract settlement costs which will not be expended in 2005, and to provide for the receipt
of insurance funds and expenditures related to the replacement of the Americorps Van as
previously approved by City Council (agenda bill 05-262); and
WHEREAS, the Arterial Street Fund (Fund 101) needs to be adjusted to
reclassify appropriations between expenditure categories to properly recognize the nature of
expenditures incurred in accordance with general accepted accounting principles; and
WHEREAS, the Street Fund (Fund 102) needs to be amended to reflect greater
than anticipated parking tax receipts and to provide funds for phone system
hardware/software upgrade costs as previously approved by City Council (agenda bill 05-
264); and
WHEREAS, the Contingency Reserve Fund (Fund 103) needs to be amended 0
to fund professional services for conducting environmental reviews on property proposed to
be acquired by the City (Chevron Property) - previously approved by City Council (agenda
bill 05-268); and
WHEREAS, the Parking Fund (Fund 105) needs to be amended to fund
additional transfers to the Bond Fund for higher interest costs associated with the variable
rate 2003 Conference Center Parking Garage bonds; and
WHEREAS, the Bond Fund (Fund 201) needs to be amended to reflect the
additional transfer in from the Parking Fund for higher interest costs associated with the
variable rate 2003 Conference Center Parking Garage bonds; and
WHEREAS, the Conference Center Construction Fund (Fund 301) needs to be
amended to reflect the transfer of remaining unexpended funds to the General Capital
Improvement Fund allowing the Conference Center Construction Fund to be closed out at the
end of the 2005 year; and
WHEREAS, the Government Center Capital Fund (Fund 305) needs to be
adjusted to reclassify appropriations between expenditure categories to properly recognize
the nature of expenditures incurred in accordance with general accepted accounting
principles; and
o
WHEREAS, the General Capital Improvement Fund (Fund 308) needs to be
amended to include the receipt of funds transferred from the closing of the Conference
Center Construction Fund; and
WHEREAS, the Parks Capital Improvement Fund (Fund 310) needs to be
amended to receive the transfer in of Risk Management Fund rebates and to provide for
expenditures for improvements to Lions Field as previously approved by City Council
(agenda bill 05-230); and
WHEREAS, the Water Fund (Fund 401) needs to be amended to receive the
transfer in of Risk Management Fund rebates as previously approved by City Council
(agenda bill 05-230), and to provide funds for the interest and principal repayment on the
Tracyton debt obligation which was not adequately budgeted for previously; and
WHEREAS, the Wastewater Fund (Fund 451) needs to be amended to receive
the transfer in of Risk Management Fund rebates as previously approved by City Council
(agenda bill 05-230); and
WHEREAS, the Stormwater Fund (Fund 481) needs to be amended to receive
the transfer in of Risk Management Fund rebates as previously approved by City Council
(agenda bill 05-230), to conect classification of revenue and expenditures provided for in the
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previous budget amendment, and to provide for additional capital expenditures related to the
Brentwood storm system; and
WHEREAS, the Risk Management Fund (Fund 503) needs to be amended to
transfer the Risk Management rebates to designated City funds as previously approved by
City Council (agenda bill 05-230); and
WHEREAS, the Equipment Rental Reserve Fund (Fund 510) needs to be
amended to transfer funds to the General Fund Municipal Court Department to cover video
arraignment equipment expenditures, and to provide additional funds for increased fuel costs;
and
WHEREAS, each of these actions has an impact on the City of Bremerton's
FY 2005 Annual Budget resulting in the need to further amend the budget document; NOW
THEREFORE
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Ordinance 4947 amending the City of Bremerton's 2005 Budget
passed by the City Council on September 7, 2005 as originally established by Ordinance No.
4921 on December 8, 2004, is hereby further amended as follows:
[Remainder of page intentionally left blank)
^I
.J
2005 Budget Amended 0
as Amended by Net 2005
Fund No. Ord No. 4947 Adjustments Budget
001 General Fund
City Council $ 242,634 $ 2,400 $ 245,034
Executive 261,331 261,331
Financial Services 1,110,064 1,110,064
Legal 584,593 584,593
Human Resources 356,933 356,933
Community Development 1,071,099 1,071,099
Municipal Court 845,310 14,275 859,585
City Auditor 118,329 5,000 123,329
Law Enforcement 8,657,612 100,000 8,757,612
Fire/Emergency Medical 5,923,962 5,923,962
General Facilities 531,656 172,750 704,406
General Parks 2,777,032 2,777,032
Engineering 471,777 471,777
Economic Development 104,012 104,012
Non-Departmental 5,167,859 (170,000) 4,997,859
Ending Fund Balance 2,204,641 (66,372) 2,138,269
Total General Fund $ 30,428,844 $ 58,053 $ 30,486,897
101 Arterial Street 18,109,700 18,109,700
102 Street 2,625,619 24,664 2,650,283
103 Contingency Reserve 2,602,125 2,602,125
104 Civic Improvement 265,350 265,350
105 Parking System 2,171,477 2,171,477
106 Community Development Block Grant 3,901,759 3,901,759 0
108 Abatement Revolving 293,417 293,417
110 Police Special Projects 269,390 269,390
113 Public Access Television 227,926 227,926
114 Gift & Donations Fund 101,104 101,104
120 Conference Center Operating 1,274,289 1,274,289
201 Bond Fund 3,842,347 15,000 3,857,347
202 LID Guaranty 47,144 47,144
301 Conference Center 1,215,826 1,215,826
305 Government Center 50,694 50,694
310 Park Facilities Construction 563,797 20,000 583,797
302 Public Safety Bond 8,192,672 8,192,672
303 Harborside Park 1,500,037 1,500,037
308 General Government Capital Improvement 2,501,122 450,000 2,951,122
309 Pedestrian/BTC Access 4,372,525 4,372,525
401 Water Utility 14,967,861 9,569 14,977,430
403 ULlD 2002-01 611,505 611,505
407 Gold Mountain Golf Complex 3,871,434 3,871,434
451 Wastewater Utility 15,805,262 12,823 15,818,085
481 Storm water Utility 1,920,157 (78,596) 1,841,561
499 Utility Debt Reserve 539,000 539,000
503 Risk Management 2,740,076 2,740,076
510 Equipment Rental Reserve 6,614,802 6,614,802
511 Information Services 1,023,234 1,023,234
601 Police & Fire Pension 2,319,695 2,319,695
Total All Funds $ 134,970,190 $ 511,513 $ 135,481,703
0
4
2005 Final Budget Adjustment
o
o
o
SECTION 2. Severabilitv. If anyone or more sections, subsections, or sentences of
this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the
validity of the remaining portion of this Ordinance and the same shall remain in full force and
effect.
SECTION 3. Effective Date. This ordinance shall take effect and be in force ten (10)
days from and after its passage, approval and publication as provided by law.
PASSED by the City Council the
day of
,2005
DAREN NYGREN, Council President
Approved this
day of
,2005
CARY BOZEMAN, Mayor
ATTEST:
APPROVED AS TO FORM:
. PAULA JOHNSTON, City Clerk
ROGER A. LUBOVICH, City Attorney
PUBLISHED the
EFFECTIVE the
ORDINANCE NO.
day of
day of
,2005
,2005
R:\LEGAL\Ordinances\Finance\05 final amending budget ordinance. doc
5
2005 Pinal Budget Adjustment
ATTACHMENT A - Ordinance No.
o 2005 REVENUE SOURCES - ALL FUNDS
(
BEG LIe. INTER- CHARGES FINES 2005
2004 FUND AND GOV'T FOR AND OTHER TOTAL
FUND BUDGET BAL. TAXES IPERMIT, REVENUE SERVICE FORFEITS REVENUE BUDGET
General Fund:
City Council 62,427 74,923 74,923
Executive 117,975 99,482 99,482
Financial Services 3,206,138 3,148,500 338,750 315,667 3,802,917
Legal 121,674 145,789 145,789
Human Resources 91,101 113,757 113,757
Community Development 698, I 00 383,500 430,000 813,500
Municipal Court 761,676 225,750 487,200 39,275 752,225
City Auditor 36,674 34,655 34,655
Law Enforcement 704,747 27,050 495,972 105,400 18,000 33,000 679,422
Fire/Emergency Medical 1,335,500 860,000 3,900 560,800 1,000 1,425,700
General Facilities 0 78,884 78,884
Parks 627,500 443,380 162,700 606,080
Engineering 25,500 25,000 25,000
Economic Development 0 0
Non-Departmental 18,422,020 16,290,955 101,800 498,394 77,000 2,440,255 19,408,404
Beginning Fund Balance 600,000 2,426,159 2,426,159
Total General Fund 26,811,032 2,426,159 20,299,455 876,100 998,266 2,705,487 506,200 2,675,230 30,486,897
Special Revenue Funds:
Arterial Street 9,698,270 10,907,700 7,057,000 145,000 18,109,700
~eet 2,391,809 131,204 324,664 555,000 335,023 1,304,392 2,650,283
\. R
)ltmgency eserve 890,000 774,125 1,828,000 2,602,125
civic Improvement 437,000 15,850 240,000 9,500 265,350
Parking System 1,747,509 295,427 2,000 303,850 1,570,200 2,171,477
Comm. Dev. Block Grant 4,027,788 1,368,879 2,023,125 479,755 30,000 3,901,759
Abatement Revolving Func 197,100 101,087 21,730 170,600 293,417
Police Special Projects 255,000 192,390 20,000 57,000 269,390
Public Access Television 217,420 10,426 39,000 78,000 100,000 500 227,926
Gift & Donation Fund 112,658 82,562 200 18,342 101,104
Conference Center Oper 865,000 173,849 897,940 202,500 1,274,289
Discretionary Reserve 1,020,000 0
Total Spec. Rev. Funds 21,859,554 14,053,499 603,664 0 9,713,125 1,836,648 323,850 5,336,034 31,866,820
Debt Service Funds:
Bond Fund 1,958,780 158,037 1,054,750 2,644,560 3,857,347
L.l.D. Guaranty 169,800 45,944 1,200 47,144
Total Debt Service Funds 2,128,580 203,981 1,054,750 0 0 0 0 2,645,760 3,904,491
Capital Improvement Funds:
Conference Center 13,770,809 603,869 286,957 325,000 1,215,826
Government Center 7,862,956 49,194 1,500 50,694
Park Facilities Constructior 928,606 112,322 148,075 323,400 583,797
Public Safety Bond 9,950,998 6,055,604 149,400 1,987,668 8,192,672
Harborside Park 1,000,000 (163) 750,000 750,200 1,500,037
General Govt Cap Imp 766,000 1,212,122 950,000 100,000 689,000 2,951,122
PedestrianlBTC Access 5,700,000 13 ,225 4,359,000 300 4,372,525
Tot. Cap. Proj. Funds 39,979,369 8,046,173 950,000 0 5,793,432 0 0 4,077,068 18,866,673
o
ATTACHMENT A - Ordinance No.
2005 REVENUE SOURCES - ALL FUNDS
o
BEG Lie. INTER- CHARGES FINES 2005
2004 FUND AND GOV'T FOR AND OTHER TOTAL
FUND BUDGET BAL. TAXES PERMIT~ REVENUE SERVICE FORFEITS REVENUE BUDGET
Enterprise Funds:
Water Utility 13,002,591 2,166,706 143,280 8,193,450 4,473,994 14,977,430
Water Capital (closed)
UUD 2002-01 963,654 13,309 598,196 611,505
Gold Mountain Golf Comp 4,195,728 321,434 2,307,000 1,243,000 3,871,434
Wastewater Utility 21,976,127 783,953 50,000 10,636,309 4,347,823 15,818,085
Waste Capital (closed) 0
Stonnwater Utility 1,190,804 397,657 1,332,500 1l1,404 1,841,561
Stonn Capital (closed) 0
Utility Debt Reserve 539,000 539,000
Total Enterprise Funds 41,328,904 3,683,059 50,000 0 143,280 22,469,259 0 11,313,417 37,659,015
Internal Service Funds:
Risk Management 2,306,071 1,415,569 1,324,507 2,740,076
Equipment Rental Reserve 5,814,141 2,983,999 1,199,485 2,431,318 6,614,802
Information Services 756,440 106,441 916,793 1,023,234
Total Internal Service Fu 8,876,652 4,506,009 0 0 0 2,116,278 0 3,755,825 10,378,112
Trust & Agency Funds
Police & Fire Pension 1,903,141 44,985 38,251 2,236,459 2,319,695
Total Trnst & Agency 1,903,141 44,985 0 0 38,251 0 0 2,236,459 2,319,695
(
Total All Funds 142,887,232 32,963,865 22,957,869 876,100 16,686,354 29,127,672 830,050 32,039,793 135,481,7031"
)
Revenue Sources - All Funds
Other Revenue
$32,039,793
24%
Beginning Fund
Balance
$32,963,865
24%
Fines & Forfeits
$830,050
1%
Taxes
$22,957,869
17%
Charges for Service
$29,127,672
21%
Intergovernmental
$17,750,181
14%
Licenses & Permits
$876,100
1%
o
OTACHMENT A - Ordinance No.
2005 EXPENDITURES - ALL FUNDS
(
2004 SUPPLIES & CAPITAL DEBT ENDING 2005
FUND BUDGET PERSONNEL SERVICES OUTLAY SERVICE OTHER FUND BAL. BUDGET
General Fund
General Government
City Council 211,149 216,241 26,393 2,400 245,034
Executive 255,037 180,920 80,411 261,331
Financial Services 948,081 831,124 278,940 1,110,064
Legal Department 529,351 299,565 285,028 584,593
Human Resources 291,824 240,617 116,316 356,933
Community Development 947,983 904,590 149,009 17,500 1,071,099
Municipal Court 799,932 614,840 230,470 14,275 859,585
City Auditor 106,879 105,697 17,632 123,329
Law Enforcement 7,891,535 6,441,776 2,315,836 0 8,757,612
Fire/Emergency Medical 5,385,756 5,039,330 884,632 0 5,923,962
General Facilities 508,040 94,078 577,328 33,000 704,406
General Parks 2,392,835 1,923,937 823,595 8,500 21,000 2,777 ,032
Engineering 287,647 372,802 98,975 471,777
Economic Development 150,509 76,983 27,029 104,012
Non-Departmental 4,748,510 45,436 1,145,394 5,000 411,000 3,391,029 4,997,859
Ending Fund Balance 1,355,964 2,138,269 2,138,269
Total General Fund 26,811,032 17,387,936 7,056,988 63,175 432,000 3,408,529 2,138,269 30,486,897
'~-'ecial Revenue Funds:
\rial Street 9,698,270 0 0 7,130,750 10,978,950 18,109,700
"cfeet 2,391,809 1,591,996 1,021,539 11,564 21,000 4,184 2,650,283
Contingency Reserve 890,000 40,000 681,020 1,881,105 2,602,125
Civic Improvement 437,000 148,700 16,300 100,000 350 265,350
Parking System 1,747,509 6,000 541,907 90,580 1 ,362,690 1 70,300 2,171,477
Comm. Dev. Block Grant 4,027,788 142,288 1,389,817 970,775 1,398,879 3,901,759
Abatement Revolving 197,100 5,000 36,500 234,100 17,817 293,417
Police Special Projects 255,000 133,986 56,000 79,404 269,390
Public Access Television 217,420 172,559 47,072 8,295 227,926
Gift & Donations Fund 112,658 750 80,825 10,000 9,529 101,104
Conference Center Oper 865,000 51,000 1,132,009 35,000 30,000 26,280 1,274,289
Discretionary Reserve 1,020,000 0
Total Spec. Rev. Funds 21,859,554 1,969,593 4,532,355 7,373,894 301,400 3,114,485 14,575,093 31,866,820
Debt Service Fund:
Bond Fund 1,958,780 3,684,310 173,037 3,857,347
LID Guaranty 169,800 47,144 47,144
Total Debt Service Fund 2,128,580 0 0 0 3,684,310 0 220,181 3,904,491
Capital Improvement Funds:
Conference Center 13,770,809 765,826 450,000 1,215,826
Government Center 7,862,956 16,000 34,694 50,694
Park Facilities Constructio 928,606 140,000 415,080 13,160 15,557 583,797
Public Safety Bond 9,950,998 100,000 1,986,000 691,240 5,415,432 8,192,672
Harborside Park 1,000,000 1,500,000 37 1,500,037
General Govt Cap Imp 766,000 2,500 699,000 1,285,000 964,622 2,951,122
Pedestrian/BTC Access 5,700,000 4,359,000 13,525 4,372,525
Tot Cap Improv. Fnnds 39,979,369 0 258,500 9,759,600 704,400 1,735,000 6,409,173 18,866,673
u
ATTACHMENT A - Ordinance No.
2005 EXPENDITURES - ALL FUNDS
o
2004 SUPPLIES & CAPITAL DEBT ENDING 2005
FUND BUDGET PERSONNEl SERVICES OUTLAY SERVICE OTHER FUND BAL. BUDGET
Enterprise Funds:
Water Utility 13,002,591 3,130,653 3,222,301 5,703,000 580,219 718,431 1,622,826 14,977,430
Water Capital (closed)
ULID 2002-0 I 963,654 76,40 I 535, 104 0 611,505
Gold Mountain Golf Coml 4,195,728 137,673 2,774,543 150,000 625,728 183,490 3,871,434
Wastewater Utility 21,976,127 2,341,768 2,662,059 3,430,000 5,154,625 1,396,439 833,194 15,818,085
Waste Capital (closed) 0
Stormwater Utility 1,190,804 624,923 575,908 158,800 212,838 269,092 1,841,561
Storm Capital (closed) 0
Utility Debt Reserve 539,000 539,000
Total Enterprise Funds 41,328,904 6,235,017 9,234,811 9,518,201 6,895,676 2,327,708 3,447,602 37,659,015
Internal Service Funds:
Risk Management 2,306,071 275,336 1,049,171 63,796 1,351,773 2,740,076
Equipment Rental Reserve 5,814,141 450,000 806,000 1,010,955 1,014,275 3,333,572 6,614,802
Information Services 756,440 392,715 450,578 73,500 106,441 I ,023,234
Total Int. Svc. Funds 8,876,652 1,118,051 2,305,749 1,084,455 0 1,078,071 4,791,786 10,378,112
Trust & Agency Fund
Police & Fire Pension 1,903,141 1,967,235 346,800 5,660 2,319,695
Total Trust & Agency 1,903,141 1,967,235 346,800 0 0 0 5,660 2,319,695
Tot. Non-General Funds 116,076,200 11,289,896 16,678,215 27,736,150 11,585,786 8,255,264 29,449,495 104,994,806
Total All Funds 142,887,232 28,677 ,832 23,735,203 27,799,325 12,017,786 11,663,793 31,587,764 135,481,703
o
Expenditures - All Funds
Ending Fund
Balance
$31,587,764
22%
Personnel
$28,677,832
21%
Debt Service
$12,017,786 -
Capital Outlay
$27,799,325
21%
\ Supplies & Services
$23,735,203
18%
./
Other //
$11,663,793-.--/
9%
o
o
2005 Final Budget Amendments
Fund I Department:
General Fund (001) I Council
Issue(s): Expenditure, Net Cost of New Conference Table
Revenue
Now Amend Final
Beginning Balance N/A N/A
Taxes 0
Licenses & Permits 0
Intergovernmental 0
Charges for Services. 74,923 74,923
Fines & Forfeitures 0
Other Revenue 0
0 Total 74,923 74,923
Expenditures
Personnel 216,241 216,241
Supplies & Services 26,393 26,393
Capital 2,400 2,400
Debt Service 0
Transfers 0
Ending Balance N/A N/A
Total 242,634 245,034
~ Cost Covered by Fund Balance Draw Down
o
2005 Final Budget Amendments
o
Fund I Department:
General Fund {001} I Auditor
Issue{s}:
Expenditure, Salaries Overrun
Revenue
Now Amend Final
Beginning Balance N/A N/A
Taxes 0
Licenses & Permits 0
Intergovernmental 0
Charges for Services 34,655 34,655
Fines & Forfeitures 0
Other Revenue 0
Total 34,655 34,655 0
Expenditures
Personnel 100,697 5,000 105,697
Supplies & Services 17,632 17,632
Capital 0
Debt Service 0
Transfers 0
Ending Balance N/A N/A
Total 118,329 123,329
~ Draw Down of Fund Balance
o
o
2005 Final Budget Amendments
Fund I Department:
General Fund (001) I Court
Issue(s): Revenue, Transfer of Video Arraignment Reserves from ER & R
Expenditure, Video Arraignment Equipment
Revenue
Now Amend Final
Beginning Balance N/A N/A
Taxes 0
Licenses & Permits 0
Intergovernmental 0
Charges for Services 225,750 225,750
Fines & Forfeitures 487,200 487,200
Other Revenue 25,000 14,275 39,275
0 Total 737,950 752,225
Expenditures
Personnel 614,840 614,840
Supplies & Services 230,470 230,470
Capital 14,275 14,275
Debt Service 0
Transfers 0
Ending Balance N/A N/A
Total 845,310 859,585
Notes:
o
2005 Final Budget Amendments
o
Fund I Department:
General Fund (001) I Police
Issue(s): Revenue, Risk Management Rebate
Revenue, Dept. of Justice Replacement Armor Grant
Expenditure, Fund Retirements & Resignations above Vacancy Savings
Expenditure, Replacement Armor ($40,000)
Expenditure, Increased Jail Costs ($40,000 )
Revenue
Now Amend Final
Beginning Balance N/A N/A
Taxes 0
Licenses & Permits 27,050 27,050
Intergovernmental 475,972 20,000 495,972
Charges for Services 105,400 105,400
Fines & Forfeitures 18,000 18,000
Other Revenue 13,000 20,000 33,000
Total 639,422 679,422 0
Expenditures
Personnel 6,421,776 20,000 6,441 ,776
Supplies & Services 2,235,836 80,000 2,315,836
Capital 0
Debt Service 0
Transfers 0
Ending Balance N/A N/A
Total 8,657,612 8,757,612
Notes: Rebate & Armor AS 05-230
o
o
2005 Final Budget Amendments
Fund I Department:
General Fund (001) I General Facilities
Issue(s): Expenditure, Government Center Association Dues
Revenue
Now Amend Final
Beginning Balance N/A N/A
Taxes 0
Licenses & Permits 0
Intergovernmental 0
Charges for Services 78,884 78,884
Fines & Forfeitures 0
Other Revenue 0
Total 78,884 78,884
0
Expenditures
Personnel 94,078 94,078
Supplies & Services 404,578 172,750 577,328
Capital 33,000 33,000
Debt Service 0
Transfers 0
Ending Balance N/A N/A
Total 531,656 704,406
Notes:
o
2005 Final Budget Amendments
o
Fund I Department:
General Fund (001) I Non-Departmental
Issue(s): Revenue, Insurance Recovery (Van)
Expenditure, Americorps Van Replacement
Expenditure, Reduce Personnel for Unemployment Comp not Used (50,000)
Expenditure, Reduce Personnel for Severances & Contracts not Settled (125,000)
Revenue
Now Amend Final
Beginning Balance N/A N/A
Taxes 16,290,955 16,290,955
Licenses & Permits 101,800 101,800
Intergovernmental 498,394 498,394
Charges for Services 77,000 77,000
Fines & Forfeitures 0
Other Revenue 2,436,477 3,778 2,440,255
Total 19,404,626 19,408,404 0
Expend itu res
Personnel 220,436 (175,000) 45,436
Supplies & Services 1,145,394 1,145,394
Capital 5,000 5,000
Debt Service 411,000 411 ,000
Transfers 3,391,029 3,391,029
Ending Balance N/A N/A
Total 5,167,859 4,997,859
~ AB 05-262 Americorps Van Replacement
$1,222 from GF Fund Balance for remaining Van Replacement Cost
o
o
Fund:
2005 Final Budget Amendments
Arterial Streets (101)
Issue(s): Expenditure, Reclassify Personnel & Supplies as Capital
Revenue
Now Amend Final
Beginning Balance 10,907,700 10,907,700
Taxes 0
Licenses & Permits 0
Intergovernmental 7,057,000 7,057,000
Charges for Services 0
Fines & Forfeitures 0
Other Revenue 145,000 145,000
Total 18,109,700 18,109,700
0 Expenditures
Personnel 41,000 (41,000) 0
Supplies & Services 47,750 (47,750) 0
Capital 7,042,000 88,750 7,130,750
Debt Service 0
Transfers 0
Ending Balance 10,978,950 10,978,950
Total 18,109,700 18,109,700
Notes:
o
2005 Final Budget Amendments
o
Fund:
Streets (102)
Issue(s): Revenue, Increased Parking Taxes
Expenditure, Phone System Software Upgrade
Expenditure, Phone System Hardware Upgrade
Revenue
Now Amend Final
Beginning Balance 131,204 131,204
Taxes 300,000 24,664 324,664
Licenses & Permits 0
Intergovernmental 555,000 555,000
Charges for Services 335,023 335,023
Fines & Forfeitures 0
Other Revenue 1,304,392 1,304,392
Total 2,625,619 2,650,283 0
Expenditures
Personnel 1,591,996 1,591,996
Supplies & Services 1,008,439 13,100 1,021,539
Capital 11 ,564 11,564
Debt Service 21,000 21,000
Transfers 0
Ending Balance 4,184 4,184
Total 2,625,619 2,650,283
Nme.s..; AS 05-264
o
o
2005 Final Budget Amendments
Fund:
Contingency Reserve (103)
Issue(s): Expenditure, Review of Chevron Property by Parametrix
Revenue
Now
o
Beginning Balance
Taxes
Licenses & Permits
Intergovernmental
Charges for Services
Fines & Forfeitures
Other Revenue 1,828,000
Total 2,602,125
774,125
Expenditures
Personnel
Supplies & Services
Capital
Debt Service
Transfers
Ending Balance
681,020
1,921 ,105
Total 2,602,125
~ AB 05-268
Draw Down of Fund Balance
o
Amend
40,000
( 40,000)
Final
774,125
o
o
o
o
o
1,828,000
2,602,125
o
o
40,000
o
681,020
1,881,105
2,602,125
2005 Final Budget Amendments
o
Fund:
Parking (105)
Issue(s): Expenditure, Transfer to Bond Fund for Increased Debt Service
Revenue
Now Amend Final
Beginning Balance 295,427 295,427
Taxes 0
Licenses & Permits 0
Intergovernmental 0
Charges for Services 2,000 2,000
Fines & Forfeitures 303,850 303,850
Other Revenue 1,570,200 1,570,200
Total 2,171,477 2,171,477 0
Expenditu res
Personnel 6,000 6,000
Supplies & Services 541,907 541,907
Capital 90,580 90,580
Debt Service 0
Transfers 1,347,690 15,000 1,362,690
Ending Balance 185,300 (15,000) 170,300
Total 2,171,477 2,171,477
~ Draw Down of Fund Balance
o
o
2005 Final Budget Amendments
Fund:
Bond (201)
Issue(s): Revenue, Transfer from Parking
Revenue
Now Amend Final
Beginning Balance 158,037 158,037
Taxes 1,054,750 1,054,750
Licenses & Permits 0
Intergovernmental 0
Charges for Services 0
Fines & Forfeitures 0
Other Revenue 2,629,560 15,000 2,644,560
0 Total 3,842,347 3,857,347
Expenditures
Personnel 0
Supplies & Services 0
Capital 0
Debt Service 3,684,310 3,684,310
Transfers 0
Ending Balance 158,037 15,000 173,037
Total 3,842,347 3,857,347
~ Increase of Fund Balance
o
2005 Final Budget Amendments
o
Fund:
Conference Center Capital (301)
Issue(s): Expenditure, Close Out of Fund
Decrease in Capital
Transfer of Remaining Funds to General Government Capital Improvement
Revenue
Now Amend Final
Beginning Balance 603,869 603,869
Taxes 0
Licenses & Permits 0
Intergovernmental 286,957 286,957
Charges for Services 0
Fines & Forfeitures 0
Other Revenue 325,000 325,000
Total 1,215,826 1,215,826 0
Expenditures
Personnel 0
Supplies & Services 0
Capital 1,215,826 (450,000) 765,826
Debt Service 0
Transfers 450,000 450,000
Ending Balance 0 0
Total 1,215,826 1,215,826
Notes:
o
o
2005 Final Budget Amendments
Fund:
Government Center Capital (305)
Issue(s): Expenditure, Reclassify Personnel as Supplies & Services
Revenue
Now Amend Final
Beginning Balance 49,194 49,194
Taxes 0
Licenses & Permits 0
Intergovernmental 0
Charges for Services 0
Fines & Forfeitures 0
Other Revenue 1,500 .. 1,500
0 Total 50,694 50,694
Expenditures
Personnel 16,000 (16,000) 0
Supplies & Services 16,000 16,000
Capital 34,694 34,694
Debt Service 0
Transfers 0
Ending Balance 0 0
Total 50,694 50,694
Notes:
o
2005 Final Budget Amendments
o
Fund:
General Government Capital Improvement (308)
Issue(s): Revenue, Transfer in of Remaining Conference Capital Funds
Revenue
Now Amend Final
Beginning Balance 1,212,122 1,212,122
Taxes 950,000 950,000
Licenses & Permits 0
Intergovernmental 100,000 100,000
Charges for Services 0
Fines & Forfeitures 0
Other Revenue 239,000 450,000 689,000
Total 2,501,122 2,951,122 0
Expenditures
Personnel 0
Supplies & Services 2,500 2,500
Capital 699,000 699,000
Debt Service 0
Transfers 1,285,000 1,285,000
Ending Balance 514,622 450,000 964,622
Total 2,501,122 2,951,122
~ Increase to Fund Balance
o
o
2005 Final Budget Amendments
Fund:
Parks Capital (310)
Issue(s): Revenue, Risk Management Rebate (20,000)
Revenue, Services / Other Reclassification (400)
Expenditure, Lions Field Improvements
Revenue
Now Amend Final
Beginning Balance 112,322 112,322
Taxes 0
Licenses & Permits 0
Intergovernmental 148,075 148,075
Charges for Services 400 ( 400) 0
Fines & Forfeitures 0
Other Revenue 303,000 20,400 323,400
0 Total 563,797 583,797
Expenditures
Personnel 0
Supplies & Services 140,000 140,000
Capital 395,080 20,000 415,080
Debt Service 13,160 1 3,160
Transfers 0
Ending Balance 15,557 15,557
Total 563,797 583,797
Notes: AB 05-230
o
2005 Final Budget Amendments
o
Fund:
Water (401)
Issue(s): Revenue, Add Risk Rebate Transfer
Expenditure, Debt Service for Tracy ton
Revenue
Now Amend Final
Beginning Balance 2,166,706 2,166,706
Taxes 0
Licenses & Permits 0
Intergovernmental 143,280 143,280
Charges for Services 8,193,450 8,193,450
Fines & Forfeitures 0
Other Reven ue 4,464,425 9,569 4,473,994
Total 14,967,861 14,977,430 0
Expenditures
Personnel 3,130,653 3,130,653
Supplies & Services 3,222,301 3,222,301
Capital 5,703,000 5,703,000
Debt Service 288,219 292,000 580,219
Transfers 718,431 718,431
Ending Balance 1,905,257 (282,431 ) 1,622,826
Total 14,967,861 14,977,430
~ AB 05-230, Risk Rebate
Debt Service Utilizing Fund Balance
o
o
2005 Final Budget Amendments
Fund:
Wastewater (451)
Issue(s): Revenue, Add Risk Rebate Transfer
Revenue
Now Amend Final
Beginning Balance 783,953 783,953
Taxes 50,000 50,000
Licenses & Permits 0
Intergovernmental 0
Charges for Services 10,636,309 10,636,309
Fines & Forfeitures 0
Other Revenue 4,335,000 12,823 4,347,823
0 Total 15,805,262 15,818,085
Expenditures
Personnel 2,341,768 2,341,768
Supplies & Services 2,662,059 2,662,059
Capital 3,430,000 3,430,000
Debt Service 5,154,625 5,154,625
Transfers 1,396,439 1,396,439
Ending Balance 820,371 12,823 833,194
Total 15,805,262 15,818,085
Notes: Increase to Fund Balance
o
2005 Final Budget Amendments
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Fund: Stormwater (481)
Issue(s): Revenue, Add Risk Rebate Transfer (1,404)
Revenue, Reduce Transfer to Match Capital Close Out (-80,000)
Expenditure, Brentwood Storm System Capital
Expenditure, Reduce Transfer to Match Capital Close Out
Revenue
Now Amend Final
Beginning Balance 397,657 397,657
Taxes 0
Licenses & Permits 0
Intergovernmental 0
Charges for Services 1,332,500 1,332,500
Fines & Forfeitures 0
Other Revenue 190,000 (78,596) 111 ,404
Total 1,920,157 1,841,561 0
Expenditures
Personnel 624,923 624,923
Supplies & Services 575,908 575,908
Capital 150,000 8,800 158,800
Debt Service 0
Transfers 292,838 (80,000) 212,838
Ending Balance 276,488 (7,396) 269,092
Total 1,920,157 1,841,561
Notes: AB 05-230, Risk Rebate
Net Increase to Fund Balance
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(0
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2005 Final Budget Amendments
Fund:
Risk Management (503)
Issue(s): Expenditure, Rebate to Contributing Funds
Revenue
Now Amend Final
Beginning Balance 1,415,569 1,415,569
Taxes 0
Licenses & Permits 0
Intergovernmental 0
Charges for Services 0
Fines & Forfeitures 0
Other Revenue 1,324,507 1,324,507
0 Total 2,740,076 2,740,076
Expenditures
Personnel 275,336 275,336
Supplies & Services 1,049,171 1,049,171
Capital 0
Debt Service 0
Transfers 63,796 63,796
Ending Balance 1,415,569 (63,796) 1,351,773
Total 2,740,076 2,740,076
Notes: AS 05-230
Rebate Transfers to Police 20,000, Parks Capital 20,000, Water 9,569,
Waste 12,823, and Storm 1 ,404.
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2005 Final Budget Amendments
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Fund:
Equipment Rental & Reserve (510)
Issue(s): Expenditure, Added Fuel Costs
Expenditure, Transfer of Court Video Reserve to General Fund
Revenue
Now Amend Final
Beginning Balance 2,983,999 2,983,999
Taxes 0
Licenses & Permits 0
Intergovernmental 0
Charges for Services 1,199,485 1,199,485
Fines & Forfeitures 0
Other Revenue 2,431,318 2,431,318
Total 6,614,802 6,614,802 0
Expenditures
Personnel 450,000 450,000
Supplies & Services 750,000 56,000 806,000
Capital 1,010,955 1,010,955
Debt Service 0
Transfers 1,000,000 14,275 1,014,275
Ending Balance 3,403,847 (70,275) 3,333,572
Total 6,614,802 6,614,802
Notes: Draw Down of Fund Balance
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DATE SUBMITTED: 12/1/05
BILL # 05"~30I
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AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
,8
........................................................................................
SUBJECT: Professional Services
Agreement with Tax Recovery Services,
LLC to perform business and occupation and
utility tax audits.
Committee Meeting Date:
COUNCIL MEETING Date:
Department:
Presenter:
Phone:
12/14/05
12/21/05
Financial Service
Cathy Johnson
473-5296
SUMMARY: Financial services has identified several areas of potential tax recovery that could have
a positive ongoing impact on future revenue collections. A review by Tax Recovery Services (TRS)
has revealed several large national and international companies that are not currently reporting or
paying required B&O tax to the City. Since TRS has significant expertise in this area we propose to
contract with them to identify those companies, audit their records and work with them until they are
paying their lawful share of B&O tax to the City.
A TT ACHMENTS: Professional Services Agreement
FISCAL IMP ACTS (Include Budgeted Amount): Because fees are contingent on the recovery of
funds, neither the estimated recovery or associated fees have been included in the 2005 or 2006
O financial services budget. A budget adjustment will be presented to council once the recovery amount
and associated fees are known.
APPROV ALS:
DEP ARTMENT DIRECTO~~_
CITY ATTORNEY: t::-,/
FINANCE DIRECTOR:
MA YOR:
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OPERATIONS: 't~t/c.,<2 J'~--:f~t.,f!-.-j
COUNCIL PRESIDENT: V~ ~ .-/
RECOMMENDED MOTION: Move to approve the PSA with Tax Recovery Services, LLC to
provide audit services and authorize the Mayor to finalize and execute the necessary contract
documents for the agreement in substantially the same form as presented.
COUNCIL ACTION: 0 Approve 0 Deny D Table
o Continue D No Action
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PROFESSIONAL SERVICES AGREEMENT
FOR
TAX RECOVERY SERv1CES
This Profession Services Agreement ("Agreement) is dated effective
The parties to this Agreement are the City ofBremerton, a Washington municipality ("City"), and Tax
Recovery Services, LLC, (TRS) a Washington corporation ("Contractor").
A. The City seeks the professional services of a skilled independent contractor capable of working without
direct supervision to perform business and occupation and utility tax audits.
B. The Contractor has the requisite skill and experience necessary to provide such services.
NOW, THEREFORE, the Parties agree as follows:
1. Services
Contractor shall provide the services more specifically described in Exhibit" A", attached hereto
and incorporated by this reference ("Services"), in a manner consistent with the accepted practices for other
similar services, within a reasonable time period prescribed by the City"and pursuant to the direction of the
Mayor or his or her designee.
2. Term
The term of this Agreement shall commence upon the effective date of this Agreement and shall
continue until the completion of the Services, but in no event later than December 31, 2008.
3. Termination
Prior to the expiration of the Term, this Agreement may be terminated with thirty (30) days
advance written notice by either party, with or without cause. In such case, audits that have been opened
shall be completed under the terms of this contract or paid according to the hourly specified in paragraph 4
4 . Compensation
4.1 Total Compensation. In consideration of the Contractor performing the Services, the City
agrees to pay the Contractor according to the following schedule: for each audit or tax investigation
recovering an amount over $100,000, the City agrees to pay the Contractor a fee in the amount of twenty-
five percent (25%) of any revenue recovered, and for each audit or tax investigation recovering any amount
of revenue less than $100,000, the City agrees to pay the Contractor $150 per hour of services plus 5% of
the revenue recovered.
4.2 Method of Payment. Payment by the City for the Services will only be made after the
Services have been performed, the additional revenue has been received by the City, and an invoice is
submitted in the form specified by the City, and the same is approved by the appropriate City
representative Payment would generally be made within thirty (30) days after receipt of such invoice.
4.3 Contractor Responsible for Taxes. The Contractor shall be solely responsible for the
payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this
Agreement.
5. Compliance with Laws
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Contractor shall comply with and perform the Services in accordance with all applicable federal,
state, and City laws including, without limitation, all City codes, ordinances, resolutions, standards and
policies, as now existing or hereafter adopted or amended.
6. Warranty
The Contractor warrants that it has the requisite training, skill and experience necessary to provide
the Services and is appropriately accredited and licensed by all applicable agencies and governmental
entities, including but not limited to being registered to do business in the City ofBremerton by obtaining a
City ofBremerton business registration.
7. Independent Contractor/Conflict of Interest
It is the intention and understanding of the Parties that the Contractor shall be an independent
contractor and that the City shall be neither liable nor obligated to pay Contractor sick leave, vacation pay,
nor any other benefit of employment, nor to pay any social security or other tax which may arise as an
incident of employment. The Contractor shall pay all income and other taxes due. Industrial or any other
insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary
or incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employment
contract. It is recognized that Contractor mayor will be performing professional services during the Term
for other parties, provided, however, that such performance of other services shall not conflict with or
interfere with Contractor's ability to perform the Services. Contractor agrees to resolve any such conflicts
of interest in favor of the City.
8. Indemnification
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8.1 Contractor Indemniflcation. The Contractor agrees to indemnify, defend and hold the City,
its elected officials, officers, employees, agents and volunteers harmless from any and all claims, demands,
losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities,
including, without limitation, their respective agents, licensees, or representatives, arising from, resulting
from, or connected with this Agreement to the extent caused by the negligent acts, errors or omissions of
the Contractor, its partners, shareholders, agents, employees, or by the Contractor's breach of this
agreement. Contractor waives any immunity that may be granted to it under the Washington State
Industrial Insurance Act, Title 51 RCW. Contractor's indemnification shal1 not be limited in any way by
any limitation on the amount of damages, compensation or benefits payable to or by any third party under
workers' compensation acts, disability benefit acts or any other benefits acts or programs.
8.2 City Indemnification. The City agrees to indemnify, defend and hold the Contractor, its
officers, directors, shareholders, partners, employees, and agents harmless from any and all claims,
demands, losses, actions and liabilities (including costs and attorney fees) to or by any and all persons or
entities, including without limitation, their respective agents, licensees, or representatives, arising from,
resulting from or connected with this Agreement to the extent solely caused by the negligent acts, errors or
omissions of the City, its employees or agents.
8.3 Survival. The provisions of this Section shall survive the expiration or termination of/his
Agreement with respect to any event occun-ing prior to such expirations or termination.
9. Egual Opportunity Employer
In all Contractor services, programs or activities, and all Contractor hiring and employment made
possible by or resulting from this Agreement, there shall be no discrimination by Contractor or by
Contractor's employees, agents, subcontractors or representatives against any person because of sex, age
(except minimum age and retirement provisions), race, color, creed, national origin, marital status or the
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presence of any disability, including sensory, mental or physical handicaps, unless based upon a bona fide
occupational qualification in relationship to hiring and employment. This requirement shall apply, but not
be limited to the following: employment, advertising, layoff or termination, rates of payor other forms of
compensation and selection for training, including apprenticeship. Contractor shall not violate any of the
terms of Chapter 49.60 RCW, Title VII of the Civil Rights act of 1964, the Americans With Disabilities
Act, Section 504 of the Rehabilitation Act of 1973 or any other applicable federal, state or local law or
regulation regarding non-discrimination. Any material violation of this provision shall be grounds for
tennination of this Agreement by the City and, in the case of the Contractor's breach, may result in
ineligibility for further City agreements.
10. Confidentiality
All information regarding the City obtained by Contractor in performance of this Agreement shall
be considered confidential. Breach of confidentiality by Contractor will be grounds for immediate
termination.
11. Work Product
All originals and copies of work product, including files, computer disks, magnetic media or
material which may be produced or modified by Contractor while performing the Services shall belong to
the City At the termination or cancellation of this Agreement, all originals and copies of any such work
product remaining in the possession of Contractor shall be delivered to !he City.
12. Books and Records
The Contractor agrees to maintain books, records, and documents which sut1iciently and properly
reflect all direct and indirect costs related to the performance of the Services and maintain such accounting
procedures and practices as may be deemed necessary by the City to assure proper accounting of all funds
paid pursuant to this Agreement. These records shall be subject, at all reasonable times, to inspection,
review or audit by the City, its authorized representative, the State Auditor, or other governmental ot1icials
authorized by law to monitor this Agreement.
13. General Provisions
13.1 Entire Agreement. This Agreement contains all of the agreements of the Parties with
respect to any matter covered or mentioned in this Agreement and no prior agreements shall be effective for
any purpose
13.2 Modification. No provision of this Agreement, including this provision, may be amended or
modified except by written agreement signed by the Parties.
133 Full Force and Effect. ~A.ny provision of this Agreement that is declared invalid or illegal
shall in no way atTect or invalidate any other provision hereof and such other provisions shall remain in filii
force and effect.
13.4 Assignment. Neither the Contractor nor the City shall have the right to transfer or assign, in
whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the
other Party.
135 Successors in Interest. Subject to the foregoing Subsection, the rights and obligations of the
Parties shall inure to the benetit of and be binding upon their respective successors in interest, heirs and
aSSIgns.
13.6 Attor~Fees In the event either of the Parties defaults on the performance orany terms of
this Agreement or either Party places the enforcement of this Agreement in the hands of an attorney, or
3
files a lawsuit, each Party shall pay all its own attorneys' fees, costs and expenses. The venue for any
dispute related to this Agreement shall be in Kitsap County, Washington.
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13.7 No Waiver. Failure or delay of the City or the Contractor to declare any breach or default
immediately upon occurrence shall not waive such breach or default. Failure of the City or the Contractor
to declare one breach or default does not act as a waiver of the City's or the Contractor's right to declare
another breach or default.
13.8 Governing Law. This Agreement shall be made in and shall be governed by and interpreted
in accordance with the laws of the State of Washington.
13.9 Authority. Each individual executing this Agreement on behalfofthe City and Contractor
represents and warrants that such individuals are duly authorize to execute and deliver this Agreement on
behalf of the Contractor or the City.
13.10 Notices. Any notices required to be given by the Parties shall be delivered at the addresses
set forth below. Any notices may be delivered personally to the addressee of the notice or may be
deposited in the United States mail, postage prepaid, to the address set forth below. Any notice so posted
in the United States mail shall be deemed received three (3) days after the date of mailing.
13.11 Captions. The respective captions of the Sections of this Agreement are inserted for the
convenience of reference only and shall not be deemed to modify or otherwise affect any of the provisions
of this Agreement.
13 .12 Remedies Cumulative. Any remedies provided for under the terms of this Agreement are
not intended to be exclusive, but shall be cumulative with all other remedies available to the Parties at law,
in equity, or by statute.
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DATED the day and year set fourth above,
CITY OF BREMERTON
By
Mayor Cary Bozeman
Nonn Dicks Government Center
City ofBremerton
345 6th Street
Bremerton, W A 98337
ATTEST
City Clerk
APPROVED AS TO FORM
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City Attorney
Tax Recovery Services, LLC
By:
(Signature)
(Printed Name)
Its:
(Title)
(Address)
(Phone)
.)
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EXHIBIT A: SCOPE OF SERVICES
Business and occupation (B&O) and utility tax auditing and tax investigation services will be provided by
the Contractor as follows
Tax Recovery Services will perform the following audits:
1. TRS will first audits national and international automobile manufacturers doing business through car
dealerships in Bremerton. TRS intends to open as many of these audits as possible and to continue
working them until all manufacturers are paying their lawful share of the B & 0 tax to the City of
Bremerton.
2. As time becomes available, we will then begin audits of various types of telephone companies, starting
with land-line and then on to cell phones and other telephone related entities.
3. As audits are completed, TRS will keep Bremerton informed as to additional advantageous audits to
consider next.
In performing the audits, TRS will act as an agent of the City ofBremerton, contacting the appropriate
businesses, examining their books, and working as necessary with their responsible financial officers and
staff.
TRS will need certain items from the City including:
-access to City business license data, including the name of the company to be audited with its address,
phone number, state UBI number and business license open date.
-if the company is registered, copies of the business' tax: return for the past four years plus the current year
-current city map showing city boundaries with street level detaiL
-official city stationary supplies for mailings such as letterhead and city envelopes.
-copy of the City's Tax Ordinances.
TRS will provide regular reports on the status of the audit to the City as needed.
Once the audit is completed, Tax Recovery Services will supply a copy of the audit to the City of
Bremerton for review before sending a copy of the audit to the taxpayer. TRS will be happy to discuss any
part of the audit with the City and answer any questions
TRS will then work with the company to help them understand that the audit is done correctly and in
accordance to the law, and that payment is due. Doing this helps insure that the audit recovery is submitted
promptly, and that the taxpayer pays his future taxes correctly.
,
D
DATE SUBMIITED: 12-21-05
BILL # 05-302
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
7(,
...........................................................................................1
SUBJECT: Approval of Extension for
Closing of the Sale of Old Fire Station #1
Committee Meeting Date:
COUNCIL MEETING Date: 12-21-05
Department: Council
Presenter: Roger Lubovich
Phone: 473-2345
SUMMARY:
The purchaser of the Old Fire Station #1, Elie Benaron, has requested that the closing date for
the sale be postponed until after January 1, 2006.
ATTACHMENTS:
.-/ .-r-T-;J fi tl .' _ r::?
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FISCAL IMPACTS (Include Budgeted Amount): Q...~~'l ~\:> -l~~'- \- ~\ v-:- \- ~~
C:o-v-t..cC,<.o ~V~L--\-- ~ c......s~;.-" ~\-\'"O-- ~ ~~ ~ \V".-\-e.....~..J.\
\.,,)-..-- ~-e..~ ~ <t..R.VL ~ ~ ~ \>\1\",: <;" <)~~~ V3..M....0 ~.
APPRO V ALS:
DEPARTMENT DIRECTOR:
,..~
CITY ATTORNEY: '-,
FINANCE DIRECTOR:
MAYOR:
FISCAL/BUDGET:
OPERATIONS:
COUNCIL PRESIDENT:
RECOMMENDED MOTION:
I CONSENT AGENDA 0 I
Move to approve extension of closing on the sale of old Fire Station #1 to no later than January
6, 2006 and that the interfund loan between the ERR Fund and the Public Safety Bond be
authorized to remain outstanding until no later tban January 2, 2006 and that the 2006 budget
shall be amended to provide for the receipt of tbese funds and the repayment of tbe interfund
loan accordingly in 2006.
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COUNCIL ACTION: ,1Z1Approve 0 Deny 0 Table 0 Continue 0 No Action
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Diamond, Co.
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DECEMBER 20, 2005
MR. ROGER LUBOVICH
City Attorney
elly or Bl~w~rLun, WA
Dear Mr. Lubovich,
1 would like to ask you personally to postpone the
closing of the Fire Station thru the beginning of
next year (any day you wish).
The rcnson I would like to postpone it Is tUK
reason that was brought to my attention by my
accountant yesterday.
I would really appreciate your cooperation And you
will he proud of your cooperAtion with me.
Thank you ve~y much,
/"
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r.SU SOUT/-, HILL STHEF'"
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I >-l.: (;" 1::1) OU-OOU I . 1 fJOO-6'1!j v ANCE:'-Ef;, Cl\l1FOf'lNIA ~O
. . -3987. FAX (213) . 013
627.0744
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