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HomeMy WebLinkAbout06/28/2006 AGENDA FILE CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337-1873 w (360) 473-5280 JUNE 28, 2006 CITY COUNCIL MEETING AGENDA 1. PRE-COUNCIL STUDY SESSION: 5:00 - 5:30 P.M. in COUNCIL CONFERENCE ROOM 603 A. General Council Business B. 10-Minute Executive Session to Review Labor Negotiations per RCW 42.30.140(4)(b) 2. CALL TO ORDER: 5:30 P.M. in MEETING CHAMBERS LOCATED ON FIRST FLOOR A. Pledge of Allegiance B. Invocation 3. PUBLIC RECOGNITION & ANNOUNCEMENTS 4. CONSENT AGENDA A. Claims & Check Register (#AB06-126) B. Meeting Minutes - June 7, 2006 (#AB06-127) C. Meeting Minutes - June 14, 2006 (#AB06-128) D. Sole Source Purchase of 4 Service Truck Beds from ALLIED BODY OF SEATTLE (#AB06-129) E. Communication Tower Lease Agreement with New CINGULAR WIRELESS PCS, llC (#AB06- 130) F. Budget Adjustment for Budget Analyst Position in the Finance Department from July to October 2006 during transition period (#AB06-131) 5. GENERAL BUSINESS A. Bid .^l.vard to WM. DlcKsmJ Co. for demolition of Capital Hill Fire Station; and related Budget Adjustment (gAB06 132) Item pulled... B. Resolution No. 2999, authorizing the City to make a formal application for funding assistance from the Interagency Committee for Outdoor Recreation for an Aquatic lands Enhancement Account Grant for the Bremerton Boardwalk Project (#AB06-133) C. Resolution No. 3000, authorizing the City to make a fonnal application for funding assistance from the Interagency Committee for Outdoor Recreation for a Washington Wildlife & Recreation Program-local Parks (WWRP-lP) Grant for the Bremerton Boardwalk Project (#AB06-134) D. Resolution No. 3001, authorizing the City to make a fonnal application for funding assistance from the Interagency Committee for Outdoor Recreation for a Washington Wildlife & Recreation Program-Trails (WWRP- TR) Grant for the Bremerton Boardwalk Project (#AB06- 135) E. Resolution No. 3002, authorizing the City to make a fonnal application for funding assistance from the Interagency Committee for Outdoor Recreation for a Washington Wildlife & Recreation Program-local Parks (VVVVRP-lP) Grant for the Bluebeny Park Project (#AB06- 136) F. Resolution No. 3003, authorizing the City to make a fonnal application for funding assistance from the Interagency Committee for Outdoor Reaeation for a land & Water Conservation Fund (lWCF) Grant for the Bluebeny Park Project (#AB06-137) CONTINUED ON BACK... f ~ > " G. Ordinance No. 4975, amenEfing sertain seGtiens of Chapter 2.76 of the Bremertdr'fMuntoipat Code (BMC) relating to procurement of goods and services; and repealing certain Ordinances relating to the purchase and sale of goods, servioes, and property (1fAB06 1 as) Item pulled... H. Real Estate Purchase and Sale Agreement with the Bremerton Housing Authority for property located at 8th Street and Park Avenue (#AB06-139) 6. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING CITY COUNCIL STUDY SESSION Immediately following the City Council Meeting, the Council Members will reconvene in COUNCIL CONFERENCE ROOM 603 to hear presentations on the following items. Please note that no action will be taken, and the content of these items is subject to change... 1. Bid Award and approval of contract with BERSCHAUER PHILLIPS CONSTRUCTION COMPANY for the Bremerton Police Department remodel and addition at Burwell & Chester - Gary Sexton, Redevelopment Project Administrator 2. Proposed publiC hearing and ordinance on exemption of ad valorem property tax for new multi-family housing in centers - Chris Hugo, Community Development Department 3. [Information Only] Staffing in Community Development Department - Chris Hugo, Community Development Department &I 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. ! t I: L....;:.-....--.-.-- :;;;;:;:.:;,.-;;;;:;;;;:;:...;;;.:~,~-~-~--'-"'--- m .. ti;i:;:i(:;~~,r'r"~tlJ~;qftlY~~"._~lt!~~~:\OI q:PJlCC/lruurtY. . MaYM Cary Bozeman , ' ~ 1 , -1:eI360-473-5266 Fax 360-473-5883 L , ~,~ ' PROCLAMATION WHEREAS, Health, fitness and personal recognition are key components for maintaining independent lifestyles, and WHEREAS, the 3fd Annual Bremerton West Sound Senior Games, open to men and women age 50 and above has the primary goal to offer a quality experience for all senior athletes, and WHEREAS, feeling good about yourself, feeling fit and making new friends is part of this worthwhile program, and WHEREAS, staying active and competing with others in your own age group really gets your juices flowing, and WHEREAS, men and women; ages 50+ should make exercise and fun a regular part of their lifestyles, and WHEREAS, the 3fd Annual Bremerton West Sound Senior Games, presented in part by the Bremerton Parks and Recreation Department, City of Bremerton have designated July 6-9, 2006 as Senior Games Week, NOW THEREFORE I, Cary Bozeman, Mayor of the City of Bremerton, Washington, do hereby proclaim July 6-9, 2006 as Senior Games Week celebrating the 3rd Annual Bremerton West Sound Senior Games; and urge the citizens of B~emerton to honor and celebrate this special event. SlGN~iS 28th day of J ne, 2006. r ~ ..,~ Mayor of Bremerton DATE SUBMITTED: BILL# c)?-/d? AGENDA BILL CITY OF BREMERTON CITY COUNCIL 'iA ........................................................................................ SUBJECT: Claim & Checks Register Approval SUMMARY: ATTACHMENTS: Committee Meeting Date: COUNCIL MEETING Date: S€-Af o? O~ - Department: -; nanciKl servIces Presenter: Cathy Johnson Phone: FISCAL IMPACTS (Include Budgeted Amount): APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: FISCAL/BUDGET: OPERATIONS: COUNCIL PRESIDENT: \ CONSENT AGENDA [gJ 1 ;-:;Mlc;i/7~~ RECOMMENDED MOTION: Move to approve: 1) Check#'s 3{)9;:?9r2- .30959/ EFT's 9051-9()73 2) Regular Payroll for 3) Retiree Payroll for (g --/b- () C, COUNCIL ACTION: ~e o Deny o Table o Continue 0 No Action ...:- DA TE SUBt\.lITTED: :Jlu1e,;}:l :206/ "I Ie' AGENDA BILL CITY OF BREMERTON CITY COUNCIL BILL # Ob-In Lf6 ........................................................................................ SUBJECT: Minutes of Meeting - S-UY\E- 71 ~o 0 Committee Meeting Date: N/A COUNCIL MEETING Date: ~ne- ~8 ~ J.ool. Department: City Council' Presenter: Cecil McConnell, Council President Phone: (360) 473-5280 SUMMARY: -r' Attached are the meeting minutes for the Council Meeting held :J LA." e 7, ).. tJ 6 b .4' A TT ACHMENTS: Meeting Minutes for J wn e. ~ d. Of) 6 FISCAL IMPACTS (Include Budgeted Amount): None APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: FISCAL/BUDGET: OPERATIONS: COIJNCIL PRESIDENT: I CONSENT AGENDA lSll I , _,~;::>"...-- /.:/(.... .,,/0/ ...' ,~::7 /. //-tl ..~r,;,...< ~'n-./,_t._ 1 ,~.,..,. ""'., ~5 "/7'" ... ',. '. / RECOMMENDED MOTION: Move to pass the CONSENT AGENDA as presented. COUNCIL ACTION: [fsJ Approve 0 Deny n Table [J Continue 0 No Action DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wednesday, June 7, 2006 The weekly meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, of the NORM DICKS GOVERNMENT CENTER 345 6th Street, Bremerton, Washington, Wednesday, June 7, 2006, at 5:30 PM, with Council President Cecil McConnell presiding. Council members present were Nick Wofford, Will Maupin, Carol Arends, Dianne Robinson, Mike Shepherd, Wendy Priest, Adam Brockus, and Brad Gehring. Also present were City Attorney Roger Lubovich, City Clerk Paula Johnston, and Council Assistant Christine Grenier. The Pledge of Allegiance was led by Council Member Brad Gehrina followed by the invocation provided by of Pastor Dennis Payne of Ebenezer African Methodist Episcopal Church. President McConnell . Announced that a Pre-Council Session was held in Council Conference Room 603 at 5:00 PM. MAYOR'S REPORT . Presented the Employee Recognition Award for the Month of June 2006 to Jackie Horton of the Wastewater Treatment Plant for her work in the lab and training of the operators; and commended her for her caring and committed 23-~ years of service to the City. . Thanked Cris Larsen for volunteering many hours as Chair of the Armed Forces Festival for the third year in a row; and commended City staff for helping with last minute crises prior to the parade. . Announced that Bremerton was one of five cities to receive the Governor's Smart Communities Award for work on the Comprehensive Plan, and was pleased with the work done by the Community Development Department. . Judith Friedbera-Nerf announced that the League of Women Voters has produced a booklet "Know your City Bremerton" and presented a copy to the Mayor and Council Members. PUBLIC RECOGNITION & SERVICE ANNOUNCEMENTS Carol Arends encouraged people to visit Martin Luther King Junior Library now that it has re-opened and pointed out that the hours have expanded to include Saturdays and evenings during the week. She also mentioned that there is plenty of parking available. Gordv Bvrd asked if taxes would be raised to pay for the proposed racetrack. Mr. McConnell responded that the City does not have direct say over this issue. Scott Bosch requested to read a letter regarding an item on the agenda since he would not be able to attend. Mr. McConnell suggested that he leave his letter with another individual to read at that time, otherwise people may also want to speak to an issue prior to the hearing as well. Elizabeth Peterson asked the Council to consider changing the code to allow households to keep chickens as pets. CONSENT AGENDA A. Check Numbers 308555 through 309129; and EFT-9021 through EFT-9022; EFT-9025 through EFT-9033; EFT-9035 through EFT-906; EFT-9038 through EFT-9043; 9023P through 9024P; 9034P; and 9037P in the amount of $2,339,278.78; Regular Payroll for the pay period ending May 15, 2006 in the amount of $643,733.10; and Retiree Payroll for the pay period ending May 31, 2006 in the amount of $122,713.07; and International Association of Fire Fighters (IAFF) Retro-Active Pay for the pay period January 1, 2005 through April 15, 2006 in the amount of $101,650.53 (#AB06-115) City Council Reg. Mtg. Minutes Wednesday, June 7,2006 Page 2 of 7 B. Meeting Minutes - May 24,2006 (#AB06-116) C. Ordinance No. 4972, amending Subsection 20.60.065(f) of the Bremerton Municipal Code (BMC) to make a technical correction (#AB06-117) D. BREMERTON KITSAP ACCESS TELEVISION Service Agreement with Kitsap County (#AB06-118) There were no other comments from the public. 05:48:04 M/S/C/U (Priest/Arends) Move to approve the Consent Agenda as presented. GENERAL BUSINESS 6A - ORDINANCE NO. 4973. AMENDING CHAPTER 9.48 OF THE BREMERTON MUNICIPAL CODE CBMC) ENTITLED "FIREWORKS" RELATING TO THE SALE AND DISCHARGE OF FIREWORKS C#AB06-119): Roaer Lubovich, City Attorney believed that in the interest in public safety, the current provisions of Chapter 9.48 of the Bremerton Municipal Code (BMC) entitled "Fireworks" should be updated in order to clarify when and how fireworks may be sold, and the times of discharge of fireworks in Bremerton. The proposed ordinance updates the provisions of Chapter 9.48 of the BMC. Jason Troxel asked if it is a Bremerton policy or State law to disallow fireworks discharge on New Year's Eve. Mr. Lubovich answered that State law allows fireworks on New Year's Eve whereas Bremerton does not. 05:52:18 M/S/C/U (Arends/Robinson) Move to pass Ordinance No. 4973 amending Chapter 9.48 BMC entitled "Fireworks". 7A- PUBLIC HEARING AND ORDINANCE. NO. 4974. VACATING 240-FEET OF LAFAYETTE AVENUE LYING JUST SOUTH OF 6TH STREET C#AB06-120): Michael Mecham, City Engineer, stated that the City received a petition from Kuntheary P. Goodson and signed by 100% of the abutting property owners to vacate 240 feet of Lafayette Avenue, lying just south of 6th Street. This date has been scheduled for a public hearing on the proposed ordinance vacating the subject property in accordance with state law and the Bremerton Municipal Code. This is a Class III right-ot-way and compensation is not required in accordance with BMC 11.20.080. There were no comments from the public. 5:54:41 M/S/C/U (Brockus/Maupin) Move to pass Ordinance No. 4974 vacating 240-feet of Lafayette Avenue lying just south of 6th Street. 7B - CONTINUED PUBLIC HEARING ON PROPOSED CHANGE IN USE AND FUTURE SALE OF CITY PARKS PROPERTY LOCATED AT 1109 WARREN AVENUE; FIRST PUBLIC HEARING WAS HELD ON APRIL 5. 2006; SECOND PUBLIC HEARING HELD ON APRIL 19. 2006 WAS CONTINUED C#AB06-071l: Roaer Lubovich, City Attorney, summarized that the Parks Department has determined that the property located at 1109 Warren Avenue, known as the Warren Avenue Tennis Courts and Community Center or the Girl Scout/Camp Fire property, is underutilized due to its location at a very busy intersection and its lack of parking facilities. Public Works & Utilities has determined that right-of-way improvements at the intersection of Warren Avenue and 11th Street may necessitate removal of the Community Center. The Parks & Recreation Commission has submitted its advisory report and public hearings were held on April 5, 2006 and April 19, 2006. The proposed resolution surpluses the parks property excluding the Community Center, pursuant to BMC Chapter 13.12. City Council Reg. Mtg. Minutes Wednesday, June 7,2006 Page 3 of 7 Susan Lundman Assistance Executive Director of Girl Scouts, mentioned that she has received a preliminary estimate from companies MIKE WRIGHT LLC, OLYMPIC ASSOCIATES, and NICKEL BROTHERS MOVING for moving the building at $417,000 which at this time is cost prohibitive and would not include a long range move across town or foundation work; and if traffic studies do not necessitate moving the building, Girl Scouts and Campfire hope to stay in the building as long as possible to serve the youth in Bremerton. Mr. Shepherd suggested a change in language to the resolution as follows: to remove Paragraph 4 "Whereas, the City has determined that the right-of-way improvements important to citizen safety may necessitate removal or demolition of the structure at 1109 Warren Avenue". Ms. Arends requested clarification on the motion. Mr. Lubovich clarified that by removing the language the only action Council will be taking is dealing with the surplus of the tennis courts portion of the property. 05:59:53 M/S/C/U (Shepherd/Priest) Move to pass Resolution No. 2993 surplusing and approving the change in use and possible future sale of the property located at 1109 Warren as amended. 7C - PUBLIC HEARING ON AN AMENDMENT TO FIGURE 20.74 CA) OF TITLE 20 IN THE BREMERTON MUNICIPAL CODE CBMC) RELATING TO HEIGHTS IN THE DOWNTOWN REGIONAL CENTER C#AB06-121): Chris Huao, Community Development Director, stated that during a Committee Meeting on May 24,2006, the City Council directed staff to schedule a public hearing for a potential amendment to the height requirements as illustrated in Figure 20.74 (a) of BMC Title 20, Land Use (Zoning Code). Proposed for consideration are two motions - 1) Maintaining the existing heights or 2) Proposed ordinance to amend the zoning code heights in the Highland/Pleasant district. He provided a presentation on what proposed projects may look like based on a 60 foot height limit and was confident that design guidelines woUld be applied to whatever height that Council may approve. Helen Miller asked for clarification on what part of the building may be included in the 60 foot height limit; and expressed concerns over safety and traffic issues which she believed have not been studied enough. Eliot Greaa read a letter on behalf of Scott Bosch, which offered support of private investment in the downtown area that would ultimately benefit the local economy and Harrison Medical Center by increasing the potential recruitment and retention of qualified health care professionals to work at Harrison Medical Center. Tim Waibel of SIMON AUGUST, was supportive of the 60-foot height limit since it would bring population growth downtown and that would ultimately benefit the economy. Silvia Klatman of the Chamber of Commerce believed that potential projects would allow for more density in the downtown core and would make parking available in an underground setting which is more aesthetically pleasing, and encouraged the Council to support 60-foot height limit. Ed Wolfe did not see how parking would improve in the Highland neighborhood if the height limits were approved; and was pleased that there may be an opportunity for underground parking which would help residents. Virainia Starr representing a group of homeowners from Highland and Pleasant neighborhoods, and read a letter that was provided to Council Members; and expressed concerns over parking, destruction of the neighborhood, and losing eagle habitat if proposed projects near the water were to proceed. City Council Reg. Mtg. Minutes Wednesday, June 7,2006 Page 4 of 7 Brett Warner asked Council to consider the Urban Growth Act and bringing the population density to the downtown core where it belongs; and believed that the projects may not be able to proceed without a 60 foot limit; and was concerned that a Council Member lives next door to a proposed project and believed that Council Member may want to reconsider voting on this issue given that conflict. Elliot GreQQ CEO of KITSAP CREDIT UNION, supported the proposed height limit and hoped that Council will consider all of the information before making its decision. Art Castle of the HOMEBUILDERS ASSOCIATION, hoped that the Council would reaffirm the goals outlined in the Comprehensive Plan that they passed last fall, and send a clear message to the community and to private investors. Tim Arnold represented several property owners in the downtown area including the Washington Mutual Bank building, emphasized that without residential density the redevelopment in downtown will not be possible. Commissioner Patty Lent, and Chair of the Kitsap Consolidated Housing Authority (KCCHA) believed that extending a moratorium would send a negative message to investors; and urged Council to support building heights at 60 feet so that development could utilize underground parking. Mike Eliason of Kitsap County Association of Realtors, asked if the moratorium were challenged would it be upheld in court; believed that Council Member Priest should not recuse herself from voting and representing her constituents in this matter, since she would not receive any financial gain from increasing building heights. Steve Priest asked Council Members to consider balancing new development with protecting historic buildings; and emphasized that the decision they are about to make will impact the community. Wes Larson does not believe that height would necessarily mean that a building would be unattractive; and hoped that further discussions on design guidelines would bring about projects that would enhance the community. Annie Barrus believed that there other areas that these large projects could be built while preserving the character of Highland/Pleasant neighborhoods. Jason Troxel supported building heights and density in the downtown core. Rachel Zeialer implored Council to consider keeping heights down so that her neighborhood would not be displaced by condominiums; and emphasized that density can be accomplished without height. Pastor Dennis Payne expressed concerns over availability of parking and affordable housing, as well as the cost of revitalization to the community. Mr. HUQO responded to several concerns expressed by citizens. 1) The height of a building is measured as 60 feet to the highest point on the building. Extra features such as chimneys or elevator shafts may cause the overall building height to be higher. 2) Projects are looked at on a case by case basis to address parking and safety issues. 6:55:02 Main Motion was made and discussion continued... Mr. Shepherd mentioned that the previous heights were set at 120-feet prior to adoption of the Comprehensive Plan and Zoning Code which were updated last year. Mr. Huao responded that 120- feet was listed in the zoning code for some time prior to that. City Council Reg. Mtg. Minutes Wednesday, June 7,2006 Page 5 of 7 Mrs. Priest believed that the proposed projects do not fit in with the neighborhood's character nor could accommodate growing parking needs and increased traffic; pointed out that several homes could qualify for the historic register; and emphasized that a sub-area plan should be developed which would include discussion on all of these important issues; recommended a compromise between developers and homeowners by establishing a building height limit of 50 feet. Adam Brockus asked for clarification on density levels based on the proposed height limits. Wes Larson responded that at 60 feet height limit, the project would be 5 stories and would include underground parking whereas with a 50 feet height limit, the density could not be achieved and would not allow underground parking. The ideal density would be about 100 units. Mr. HUQO added that the difference in height would not result in additional stories. Mr. Maupin supported a 60 foot height limit; and commented that in order for revitalization to occur, people are needed to live and support businesses in the downtown area which will ultimately improve tourism as well. Ms. Arends recalled the Queen Anne neighborhood in Seattle which has a wide range of housing types and believed Bremerton can accomplish a similar setting by maintaining 60 foot height. Mr. Gehring asked for clarification on how many units could be built based on the proposed heights. Mr. Hugo responded that given 60 foot height limit, that would mean there would be 20 units per story or 100 units at 5 stories per acre. At 50 foot height limit, there would be fewer units. Ms. Robinson would like to encourage growth and agreed with Ms. Priest's comments that there should be a sub-area plan developed for the Highland/Pleasant neighborhoods. Mr. Brockus emphasized that the downtown area is ready for growth and more business. 7:25:26 M/S/C (Maupin/Arends) Move to retain the heights as illustrated in Figure 20.74 (a) of BMC Title 20 Land Use with no changes to the Highland /Pleasant district. (60 Foot Maximum) Voted in favor of the Motion: Robinson, Arends, Maupin, Wofford, McConnell Voted opposed to the Motion: Gehring, Brockus, Priest, Shepherd Motion carried: 5-Yes; 4-No Council recessed to allow for a taping break and to allow the chambers to clear at 7:26 P.M. Council reconvened at 7:39 P.M. Council Member Mike Shepherd left the meeting at 7:48 P.M. and did not return. 70 - PUBLIC HEARING AND RESOLUTION NO. 2994 TO APPROVE THE HIGHLAND AVENUE/PLEASANT AVENUE DESIGN GUIDELINES (#AB06-084): Chris HUQo, Community Development Director explained that the City Council approved a new Zoning Code on November 30, 2005, and by separate motion set the height limit for the Highland and Pleasant Avenues residential area at 60 feet with a concurrent moratorium on new development over 40 feet in order to draft design guidelines for new, larger residential projects. After a complete public improvement process, the Planning Commission voted unanimously on March 21 sl to recommend the guidelines to the Council for adoption. He provided examples of acceptable building elements from other communities to demonstrate possible structures that could be built under the proposed guidelines. Jason Troxel asked if these guidelines would apply to multi-tenant units over 40 feet. Mr. Hugo answered that these guidelines would apply to new housing that consists of 4 or more attached dwellings. City Council Reg. Mtg. Minutes Wednesday, June 7,2006 Page 6 of 7 Mr. Troxel asked if additional guest parking for residents will be addressed. Mr. Huao stated that any items not provided in the design guidelines would be addressed by the zoning code. John Ales asked if these guidelines are "discretionary" how can the guidelines be enforced; and suggested; and also asked if a design review board could be established. Mr. Huao emphasized that anyone who submits a building proposal will be subject to these guidelines and that by "discretionary" it means that the City will be working with developers to apply the guidelines as much as possible; encouraged Council to either allow staff to review design issues, or to direct them to set up a design review board which may change or complicate the process. Mr. Troxel asked what appeal process would be in place to address projects. Mr. Huao explained that appeals may go the Hearing Examiner. 08:02:40 Main motion was made and discussion continued... Due to the introduction of amendments, President McConnell re-opened the public hearing to the public. Mr. Troxel asked whether or not screening or parapet for mechanical would affect overall height. Mrs. Priest answered that her understanding was the screening would not affect overall height. Brett Warner liked the suggestions offered by Mrs. Priest and encouraged Council to move forward. Mr. Lubovich advised that the Community Development Director come up with a proposal for the advisory committee and vote on that proposal at an upcoming meeting. Mr. HUQO did not oppose the idea of forming a review board; and emphasized that an advisory committee would require additional staff time and resources. Mr. Gehrina asked if the amendment would affect building height. Mr. Huao clarified that if the height measured to the roof includes mechanical, then the height would not be affected. However, if the mechanical element were not included, there would be less building height available. Mrs. Priest believed that the mechanical should be concealed in a residential neighborhood. Mr. HUQO planned on finding examples of effective screening techniques to present to Council in the next 30 days. 8:18:36 Amending Motion - M/SIW (Priest/Brockus) All rooftop mechanical shall be screened by either a high parapet or a stepped or sloped roof form that is part of the architecture of the building and as least as high as the equipment being screened. 8:20:29 Amending Motion - M/S/C/U (Priest/Maupin) All rooftop mechanical shall be screened in an architecturally significant manner as consistent with the overall design of the building. Mr. Wofford asked if a committee would be formed for each sub-area or would the committee cover projects city-wide. Mrs. Priest indicated that the committee could have citizen representatives from the City to review projects which would result in improved feedback. Mr. Lubovich advised that forming a committee may not possible at this time and recommended that staff be allowed time to review this proposal. 8:21 :47 Amending Motion - M/SIW (Priest/Robinson) Move to establish a design review committee. 8:25:10 Amending Motion - M/S/C/U (Priest/Robinson) Direct the DCD Director to come up with options for establishing a Design Review Committee within 60 days. City Council Reg. Mtg. Minutes Wednesday, June 7,2006 Page 7 of 7 8:25:45 Main Motion - M/S/C/U (Maupin/Arends) Move to pass Resolution No. 2994 to approve the Highland Avenue/Pleasant Avenue Design Guidelines as recommended by the Planning Commission. 7 IS PUBLIC HIaARING AND RESOLUTION NO. 2998, CONTINUING THE MORATORIUM ENACTED NOVISMIiIISR 30, 2005: .~ND-CONTINUED lilY RESOLUTION NOS. 2987 AND 2991, ON PERMITS FOR D6'.'ELOPMENT OVER 40 FE&T HIGH IN TH6 HIGHLAND/PLEASANT AVENUES DISTRICT (#..^.B06 120): Item was pulled from the agenda due to passage of Item 70. COUNCIL MEMBER REPORTS Ms. Priest encouraged people to view Bremerton High School art projects posted on 11 th Street between Warren and Park Avenues. Mr. Brockus stated that downtown is ready for building. Mr. Gehrina thanked Cris Larson for his involvement in the Armed Forces Festival. Mr. McConnell was pleased with the art displays mentioned by Ms. Priest. With no further business, President McConnell adjourned the regular business meeting of the City Council at 8:28 PM. . Prepared and Submitted by: ~~ CHRISTINE GRENIER . Council Assistant Attest: PAULA JOHNSTON, City Clerk CECIL McCONNELL, City Council President CM/PJ/ls/cg DATE SUBMITTED: JVne. IS, ~o Co AGENDA BILL CITY OF BREMERTON CITY COUNCIL BILL # 0" -/ ::J. B lfc ........................................................................................ SUBJECT: Minutes of Meeting _ rune.. 14-,2.00(0 Committee Meeting Date: NI A COUNCIL MEETING Date: Department: City Council Presenter: Cecil McConnell, Council President Phone: (360) 473-5280 SUMMARY: Attached are the meeting minutes for the Council Meeting held ""J"" u Y\ €- I 4- J 2.0 0 Go ATTACHMENTS: Meeting Minutes for ~ v V\ -e.... 14-~ 2....00 <0 FISCAL IMPACTS (Include Budgeted Amount): None APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: FISCAL/BUDGET: OPERATIONS: COUNCIL PRESIDENT: I CONSENT AGENDA 1SI ] -7'~" t../. ,~./r". '.' d jP:~:-/ /.- ,---"'--{t" ~.?;: ,. ."_ .4.,/ >v..f .... ~ c"ff"/ --~' >" k..l'; 7,;7 '-'. ,.' f .f" ,.... , .. - ~ /'>'__ RECO~I~IENDED MOTION: Move to pass the CONSENT AGENDA as presented. COUNCIL ACTION: ~ Approve 0 Deny 0 Table [J Continue D No Action DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wednesday, June 14,2006 The weekly meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, of the NORM DICKS GOVERNMENT CENTER 345 6th Street, Bremerton, Washington, Wednesday, June 14, 2006, at 5:30 PM, with Council President Cecil McConnell presiding. Council members present were Nick Wofford, Will Maupin, Carol Arends, Dianne Robinson, Mike Shepherd, Wendy Priest, and Adam Brockus. Council Member Brad Gehring was absent. Also present were Assistant City Attorney Ken Bagwell; City Clerk Paula Johnston, and Legislative Assistant Lori Smith. The Pledge of Allegiance was led by Council Member Adam Brockus followed by the invocation provided by Council Member Dianne Robinson. President McConnell announced that a Pre-Council Session to discuss General Council Business was held in Council Conference Room 603 from 5:00 to 5:30 PM, and included a presentation on an emergency resolution that required action tonight for replacement of the boiler at the Glenn Jarstad Aquatic Center. PUBLIC RECOGNITION AND ANNOUNCEMENTS Dianne Robinson welcomed everyone to attend the Junteenth Celebration in honor of a tradition that began following the reading of the proclamation that freed the slaves over 140 years ago, this Saturday, June 17, 2006 at Evergreen Rotary Park from 10:00 AM to 6:00 PM. President McConnell explained that the City of Bremerton is looking for a family to host a 17- year old Exchange Student from Kure, Japan for 4-weeks from July 23 to August 22, and that anyone who is interested may contact Elaine Valencia in the Mayor's Office at (360) 473-5266. Chris Huao, Director of Community Development, was proud to announce that the City of Bremerton was presented a tlSmart Communities Award" by the Office of the Governor in "recognition of excellent work in improvements in quality of life for local communities in the State of Washington" for the implementation of the City's Comprehensive Plan and Zoning Code Update; and noted several positive comments made by the evaluating judges. CONSENT AGENDA A. Check Numbers 309130 through 309291; and EFT-9045 through EFT-9053; and 9044P in the amount of $1,134,076.75; and Regular Payroll in the amount of $683,357.26 for the pay period ending May 31,2006 (#AB06-123) B. Collective Bargaining Agreement for 2006 - 2008 between the City and the International Association of Firefighters, Local No. 437 (#AB06-124) C. Emergency Resolution No. 2998 for the Glenn Jarstad Aquatic Center Boiler Replacement (#AB06-125) There were no comments from the public. 5:38:02 M/S/C/U (Priest/Arends) Move to approve the Consent Agenda as presented. With no further business, the meeting of the City Council was adjourned at 5:39 PM. City Council Reg. Mtg. Minutes Wednesday, June 14, 2006 Page 2 of 2 The Council reconvened in the Council Conference Room 603 for a STUDY SESSION to hear presentations on upcoming agenda items; and the public was invited to attend. Prepared and Submitted by: '~~2 LbRI SMITH - Legislative Assistant Attest: PAULA JOHNSTON, City Clerk CECIL McCONNELL, City Council President CM:PJ:ls:cg DATE SUBMITTED: 11 81/=0/:;-1).'1 AGENDA BILL CITY OF BREMERTON CITY COUNCIL lfD ............................................................................................ SO \L SO vrc. e.- SUBJECT: Purchase of Service Bodies -rr~cA<- 13 eJ 5 Committee Meeting Date: 6/1406 COUNCIL MEETING Date: 6/28/06 Department: PW & Util Presenter: LJim Orton, Fleet /_Mana er ~ Phone: 5356 SUMMARY: The 2006 budget for the 510 Fund lists 4 replacement vehicles. These are to be service trucks. Council approval is requested for a sole source for purchase of 4 truck beds from Allied Body of Seattle. All of our present service bodies are made by Reading Company and their local representative is Allied Body. The total cost of the bed package (all 4) is $65,465.38 including sales tax. Sole source is requested for consistency in maintenance and operation. ATTACHMENTS: The total amount of$65,465.38 is budgeted in the FISCAUBUDGET:1!_~~a . OPERATIONS: cJ~c-- c ~_ COUNCIL PRESIDENT: 6'::,;'< ,.if 9{/Y~ d.t Lf RECOMMENDED MOTION: Move to approve the the sole source purchase of 4 truck beds from Allied Body of Seattle in the amount of $65,465.38 including sales tax. - .. \ 'I' I CONSENT AGENDA ~ COUNCIL ACTION: D Approve D Deny D Table D Continue D No Action DATE SUBMITTED: ffB4F Ofg-/3o AGENDA BILL CITY OF BREMERTON CITY COUNCIL LIe ..........................................................................................., SUBJECT: Communications Tower Lease Agreement Committee Meeting Date: COUNCIL MEETING Date: Department: Presenter: June 14, 2006 June 28, 2006 PW & Uti! PauILucas,Ad~ip~ Manager~~- 2328 Phone: SUMMARY: The City currently leases either sites or towers to various communications organizations. The attached Lease Agreement is from New Cingular Wireless PCS, LLC (formerly AT&T). The current lease expired in February of2005 and has been month-to-month since. The new lease will run for a period of 5 years. The new lease agreement states that New Cingular Wireless PCS, LLC will pay the City $1200.00 per month. (Currently paying $687.32 per month). The tower is multi-purposed and allows for additional antennas. New Cingular Wireless PCS, LLC will pay the City 50% of any revenues received from co-locations on the tower: ATTACHMENTS: FlSCAL/BUDGET: OPERATIONS: COUNCIL PRESIDENT: /(.Q);LP a c~~.~ ~./ ./ /i h .' -"':~ 'l. L .. - <: P_t:"""(,l ~~ ." ~ra--tt( T r RECOMMENDED MOTION: Move to approve the telcommunications facilities lease agreement with New Cingular Wireless PCS, LLC for a five year term, commencing July 1, 2006 and authorize the Mayor to execute the agreement in substantially the same form as presented. ~v-<>~~led. '-~- FISCAL IMPACTS (Include Budgeted Amount): NeRe- ~..\:\~.::.~ \ \-e.so.-~ ~,,~~""\: APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: CONSENT AGENDA COUNCIL ACTION: 0 Approve 0 Deny 0 Table o Continue 0 No Action TELECOMMUNICATIONS FACILITIES LEASE AGREEMENT THIS LEASE AGREEMENT entered into by and between the City of Bremerton, a municipal corporation duly organized and existing under the laws of the State of Washington, as Lessor (hereinafter referred to as "City") and New Cingular Wireless PCS, LLC, a Delaware limited liability company (hereinafter referred to as "Lessee"). WIT N E SSE T H: 1. PREMISES. The City leases to the Lessee real property located at Alexander Lake for housing, installing, constructing, operating and maintaining certain telecommunications facilities, legally described and/or depicted in Schedule A attached hereto and incorporated herein ("Premises"). Lessee accepts the Premises for such purpose, subject to the considerations, terms and conditions specified in this Telecommunications Facilities Lease Agreement (hereinafter referred to as "Lease"). 2. DEFINITIONS. For the purpose ofthis Lease, and the interpretation and enforcement thereof, the following words and phrases shall have the following meanings: "Person" means and includes corporations, companies, associations, joint stock companies or associations, firms, partnerships, limited liability companies and individuals and includes their lessors, trustees and receivers; "Public street" means any highway, street, alley or other public right of way for motor vehicle travel under the jurisdiction and control of the City which has been acquired, established, dedicated or devoted to highway purposes, including forest access roads; "Public way" means and includes all public streets and utility easements, as those terms are defined herein, now or hereafter owned by the City, but only to the extent ofthe City's right, title, interest or authority to grant a permit or lease to occupy and use such streets and easements for telecommunications facilities; "Telecommunications carrier" means and includes every person that directly or indirectly owns, controls, operates or manages plant, equipment or property within the City, used or to be used for the purpose of offering telecommunications service; "Telecommunications facilities" means the plant, equipment and property, including but not limited to, cables, wires, conduits, ducts, pedestals, antennae, towers, electronics, equipment storage structures and other appurtenances used or to be used to transmit, receive, distribute, provide, house or offer telecommunications services; LEASE AGREEMENT - I "Telecommunications provider" means and includes every person who provides telecommunications services over telecommunications facilities without any ownership or management control of the facilities; "Telecommunications service" means the providing or offering for rent, sale or lease, or in exchange for other value received, of the transmittal of voice, data, image, graphic and video programming information between or among points by wire, cable, fiber optics, laser, microwave, radio, satellite or similar facilities, with or without benefit of any closed transmission medium. "Utility easement" means any easement owned by the City and acquired, established, dedicated or devoted for public utility purposes not inconsistent with telecommunications facilities. 3. USES AND PURPOSES. Lessee shall have the use and occupancy of the Premises for the purpose oftransmission and reception oftelecommunication and signals in any and all frequencies using real property and telecommunicationsJacilities approved in Schedule A. Lessee shall be responsible for adherence to all federal, state and local regulations pertaining to the operation of a communications facility. Lessee shall have the right, at its expense, to erect and maintain on the Premises improvements, personal property and facilities, as described in Schedule A after obtaining required permits and as approved by City on the Site Plan. City shall provide Lessee access to the Premises at all times on a twenty four hour a day, seven day a week basis, adequate to service the Premises and the telecommunication facilities at all times during this Lease. Lessee agrees to provide the City with a schedule outlining the frequency of required visits (e.g., quarterly maintenance check, monthly site cleanup, etc.) Lessee shall provide the City with a list of all authorized individuals who will have access to the Premises. Notification of changes to the list shall be provided to the City within 24 hours by telephone or fax from the point of contact identified in Section 41 (G), which notice shall be followed by written notification pursuant to Section 41(G). Lessee shall be responsible for conducting appropriate background checks of all of their employees. Employees visiting the Premises shall be clearly identifiable as employees of the Lessee either by uniform, identification badge or marked company vehicle. 4. NON-EXCLUSIVE LEASE. Subject to the provisions of Section 7 herein, this Lease is nonexclusive and does not preclude the City from granting a similar lease, right, license, franchise, etc. to other carriers, providers or other persons for telecommunications or any other purpose. LEASE AGREEMENT - 2 5. TERM OF LEASE. This Lease shall be valid for a term of five year(s) commencing , 20_ and terminating , 20_. (the "Commencement Date") An additional term of five years may be requested by lessee under conditions in Section 12. 6. RIGHTS GRANTED. This Lease does not convey any right, title or interest in the City property, but shall be deemed the right only to use and occupy the City property for the limited purposes and term stated in the Lease. Further, this Lease shall not be construed as any warranty of title. 7. INTERFERENCE WITH OTHER USERS. The Lessee acknowledges that the City may enter into leases with other tenants for their equipment and telecommunications facilities for the purposes of transmitting and receiving telecommunication signals from City property. The City, however, is not in any way responsible or liable for any interference with Lessee's use of the City property which may be caused by the use and operation of any other tenant's equipment, even if caused by new technology. In the event that any other tenant's activities interfere with the Lessee's use of the City property, and such use or operation was not in existence on the date of execution of this Lease, and the Lessee cannot resolve this interference with the other tenants, the City will, upon written request by Lessee, cause such interfering use to cease. Lessee understands that if its use interferes with the then-existing equipment of a prior tenant, and the interference problem cannot be cured, this Lease may be terminated by the City pursuant to Sections 35 and 37. The Lessee shall cooperate with all other tenants to identify the causes of and work towards the resolution of any electronic interference problem. In addition, the Lessee agrees to eliminate any radio or television interference caused to City-owned facilities or surrounding residences at Lessee's own expense and without installation of extra filters on City-owned equipment. Lessee further agrees to accept such interference as may be received from City operated telecommunications in existence as of the Agreement's commencement date, or other City facilities located upon the City property subject to this Lease except those City antenna sites placed upon Lessee's facilities pursuant to Section 10(B). 8. OWNERSHIP AND REMOVAL OF IMPROVEMENTS. All landscaping and all other improvements, except telecommunications facility, shall become the property of the City upon expiration or termination ofthe Lease. In the event that the City requires removal of such improvements after termination ofthe Lease, such removal shall be accomplished at the sole expense of the Lessee and completed within 30 days after receiving notice from the City requiring removal of the improvements. Additional time may be granted upon the discretion of the City which approval shall not be unreasonably withheld. In the event that telecommunications facilities or other equipment are left upon City property after expiration or termination of the lease, they shall, at the City's option, ifnot removed by the Lessee upon 30 days written notice from the City, be removed and stored at the expense of Lessee. Stored telecommunications facilities that are not claimed by the Lessee within six (6) months from termination of the Lease shall become the property of the City. LEASE AGREEMENT - 3 9. CANCELLATION OF LEASE BY LESSEE. A. All Leases are contingent upon the Lessee obtaining all necessary permits, approvals and licenses for the proposed facilities. In the event that the Lessee is unable to obtain all such permits, approvals and licenses, it may cancel its lease, and obtain a pro rata refund in any rents paid, without further obligation by giving 30 days prior written notice to the City. Lessee agrees to restore City property to original condition if cancellation is requested. B. In the event that the holder of a Lease determines that the City property is unsuitable for its intended purpose, the Lessee shall have the right to cancel the Lease upon 180 days written notice to the City. However, no prepaid rent shall be refundable; except in the event any changes occur with respect to the City's use of the property subsequent to the effective date ofthis Lease (including but not limited to additional Lessees as permitted by the City) and such changes result in the property becoming unsuitable for Lessee's intended purpose. 10. COMPENSATION TO THE CITY. A. Starting on the Commencement Date and on the first day of each month thereafter during the term of the Lease, Lessee shall pay rent at a rate of One Thousand, Two Hundred Dollars ($1200.00) per month, prorated for any partial months. Substantial expansion of the initial configuration contained in Schedule A will result in review and possible re- negotiation of the rental rate contained herein. At the beginning of each successive year thereafter, the monthly rent shall automatically be adjusted based upon the CPI for all urban consumers, Seattle-Tacoma index (1982-84= 100) as published by the Bureau of Labor Statistics for the last month for which statistics are posted prior to the effective date above. However, rent shall not, in any case, decrease, nor shall the annual rent increase by more than five (5) percent per year above the annual rent for the preceding year. Any payments received after the due date shall include a late payment penalty of 2% of the annual rental fee for each day or part thereof past the due date. B. Additional Consideration. City shall be allowed, at City's sole expense, to attach City's communication antennas to Lessee's telecommunications tower provided City first obtains Lessee's prior written consent for such attachments. Such consent shall not be unreasonably withheld. Lessee's approval for said attachments shall be contingent upon determining whether Lessee's tower is properly engineered to accommodate City's antenna system and such transmission shall not result in any impairment or diminution in the quality of Lessee's service. Further, said approval shall be given only after Lessee has reviewed and approved City's engineering plans for said antenna attachments in a location specified by Lessee. Approval shall not be unreasonably withheld. Upon written approval by Lessee, said attachments shall be installed by qualified licensed contractors and in accordance with Lessee's directives for the method of installment and with permits issued by all applicable governmental authorities having jurisdiction which shall first be obtained by City at its sole expense. City LEASE AGREEMENT - 4 acknowledges and agrees that Lessee reserves the right to relocate City's antennas at any time(s) to accommodate modifications required for Lessee's future system requirements, provided such relocation shall provide equivalent quality of service after such relocation. C. Pursuant to Section 27 Lessee shall pay to the City 50% of any and all sublessee rent for co-location on Lessee's tower. 11. AMENDMENT OF LEASE. Except as provided within the existing Lease, a new lease application and Lease shall be required of any telecommunications carrier or other entity that desires to expand, modify, or relocate its telecommunications facilities or other equipment located upon City property. If ordered by the City to locate or relocate its telecommunications facilities or other equipment on the City property, the City shall grant a lease amendment without further application. 12. RENEWAL APPLICATION. A Lessee that desires to renew its Lease under this Article shall, not more than one hundred twenty (120) days nor less than sixty (60) days before expiration of the current Lease, file an application with t\1e City for renewal of its Lease which shall include the following: A. Any additional information required based upon elements of the current Lease agreement between the City and the Lessee; B. All deposits or charges required pursuant to City ordinances; C. A non-refundable application fee in the amount of Five Hundred and Noll 00 Dollars ($500.00). The City reserves the right to extend the review period for the renewal application if additional information is required. 13. OBLIGATION TO CURE AS A CONDITION OF RENEWAL. No Lease shall be renewed until any ongoing violations or defaults in the Lessee's performance of the Lease have been cured, or a plan detailing the corrective action to be taken by the Lessee has been approved by the City. 14. IMPROVEMENTS. During the term of this Lease if Lessee wishes to substantially expand the initial configuration contained in Schedule A, Lessee will submit a new application to the City. 15. POLICE POWER. In accepting this Lease, the Lessee acknowledges that its rights hereunder are subject to the legitimate rights of the police power of the City to adopt and enforce general ordinances necessary to protect the safety and welfare of the public and it agrees to comply with all applicable general laws enacted by the City pursuant to such power. LEASE AGREEMENT - 5 16. INTERFERENCE WITH THE PUBLIC WAYS. The Lessee shall not locate or maintain its telecommunications facilities so as to unreasonably interfere with the use of the public ways by the City, by the general public or by other persons authorized to use or be present in or upon the public ways. All such facilities which interfere with public ways shall be moved by the Lessee, at the Lessee's cost, temporarily or permanently, as determined by the City Public Works & Utilities Director. 17. REPAIR AND EMERGENCY WORK. In the event of an unexpected repair or emergency, the Lessee may commence such repair and emergency response work as required under the circumstances, provided the Lessee shall notify the City as promptly as reasonably possible, before such repair or emergency work commences or as soon thereafter as possible if advance notice is not practicable. 18. MAINTENANCE OF LEASE FACILITIES. The Lessee shall maintain its facilities in good and safe condition and in a manner that complies with all applicable federal, state and local requirements. Lessee shall not permit waste, damage, or injury to the premises including any City property, public ways of the City, other ways or other property, whether publicly or privately owned, located in, on or adjacent thereto. Lessee shall not store any chemicals, hazardous or otherwise, in the well head protection area. Lessee shall not restrict site access to City. City shall have the right to inspect the Lessee's telecommunications facilities and equipment at any time during the term of this Lease to ensure compliance with the terms and conditions herein; Provided, however, Lessee has the right to be present at all inspections of Lessee's telecommunications facilities and equipment, and City shall give Lessee at least 72 hours prior notice of such intent. City represents and warrants that, to the best of City's knowledge, the Property has never been subject to any contamination or hazardous conditions resulting in any environmental investigation, inquiry or remediation. City and Lessee agree that each will be responsible for compliance with any and all environmental and industrial hygiene laws, including any regulations, guidelines, standards, or policies of any governmental authorities regulating or imposing standards of liability or standards of conduct with regard to any environmental or industrial hygiene condition or other matters as may now or at any time hereafter be in effect, that are now or were related to that party's activity conducted in or on the Property. (b) City and Lessee agree to hold harmless and indemnify the other from, and to assume all duties, responsibilities and liabilities at the sole cost and expense of the indemnifying party for, payment of penalties, sanctions, forfeitures, losses, costs or damages, and for responding to any action, notice, claim, order, summons, citation, directive, litigation, investigation or proceeding which is related to (i) the indemnifying party's failure to comply with any environmental or industrial hygiene law, including without limitation any regulations, guidelines, standards or policies of any governmental authorities regulating or imposing standards of liability or standards of conduct with regard to any environmental or industrial hygiene conditions or matters as may now or hereafter be in effect, or (ii) any environmental or industrial hygiene conditions that arise out of or are in any way related to the condition of the Property and activities conducted by the party thereon, unless the environmental conditions are caused by the other party. LEASE AGREEMENT - 6 19. SIGNAGE. Lessee shall display proper signage as required by the FCC as well as current signage on telecommunication facilities identifying Lessee, address and a 24 hour phone number. Signage shall be posted and clearly visible at all times. 20. RELOCATION OR REMOVAL OF FACILITIES. Within one hundred eighty (180) days following written notice from the City, the Lessee shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any telecommunications facilities within the public ways or upon City property whenever the City Public Works & Utilities Director shall have determined that such removal, relocation, change or alteration is reasonably necessary for: A. The construction, repair, maintenance or installation of any City or other public improvement in or upon the public ways; and B. The operations of the City or other goven:tmental entity in or upon the public ways. Additional time for removal or relocation may be granted at the discretion of the City which extension shall not be unreasonably withheld. If Lessee fails to remove the property upon request by the City, Lessee agrees to reimburse the City for any and all removal costs incurred by the City. 21. REMOVAL OF UNAUTHORIZED FACILITIES. Within sixty (60) days following written notice from the City, Lessee or any person who owns, controls or maintains on behalf of Lessee any unauthorized telecommunications system, facility or related appurtenances within the public ways or real property of the City shall, at its own expense, remove such facilities or appurtenances from the public ways or property of the City. A telecommunications system or facility is unauthorized and subject to removal in the following circumstances: A. Upon expiration or termination of the Lessee's Lease without approved extension or renewal; B. Upon abandonment of a facility within the public ways or real property of the City. Any property of a Lessee shall be deemed abandoned if left in place 60 days after expiration or termination of the Lease; C. If the system or facility was constructed or installed without the prior grant of a Lease; D. If the system or facility was constructed or installed without the prior issuance of a required City permits; and LEASE AGREEMENT - 7 E. If the system or facility was constructed or installed at a location not permitted by the Lease. Provided, however, that the City may, in its sole discretion, allow a Lessee, or other such persons who may own, control, or maintain telecommunications facilities within the public ways or property of the City to abandon such facilities in place. No facilities of any type may be abandoned in place without the express written consent of the City. Any plan for abandonment or removal of a Lessee's facilities must be first approved by the Public Works & Utilities Director, and all necessary permits must be obtained prior to such work. Upon authorized permanent abandonment of the property of such persons in place, the property shall become that of the City, and such persons shall submit to the City an instrument in writing, to be approved by the City Attorney, transferring to the City the ownership of such property in which event, Lessee shall have no further obligations or liability with respect to such property or facilities. The provisions of this Section shall survive the expiration, revocation, or termination of the Lease granted hereunder. If the City does not authorize abandonment and Lessee fails to remove such facilities within thirty (30) days following notice, Lessee agreesJo reimburse the City for any and all costs incurred by the City for facilities removal. 22. EMERGENCY REMOVAL OR RELOCATION OF FACILITIES. The City retains the right and privilege to cut or move any telecommunications facilities located within the public ways of the City and upon City property, as the City may determine to be necessary, appropriate or useful in response to any public health or safety emergency. The City shall not be liable to Lessee, or any other party for any direct, indirect, or any other such damages suffered by any person or entity of any type as a direct or indirect result of the City's actions under this Section. 23. DAMAGE TO FACILITIES. Unless directly and proximately caused by the sole negligence of the City not otherwise authorized herein, the City shall not be liable for any damage to or loss of any telecommunications facility upon City property or within the public ways of the City as a result of or in connection with any public works, public improvements, construction, excavation, grading, filling, or work of any kind on such City property or within the public ways by or on behalf of the City. 24. RESTORATION OF PUBLIC WAYS, OTHER WAYS AND CITY PROPERTY. A. When the Lessee, or any person on its behalf, does any work in or affecting any public ways, other ways or City property, or when Lessee, or any person on its behalf damages any public ways, other ways or City property, it shall, at its own expense, promptly remove any obstructions therefrom and restore such ways or property to City construction standards as adopted before the work was undertaken, unless otherwise directed by the City. Lessee shall obtain all requisite permits for such work. LEASE AGREEMENT - 8 B. If weather or other conditions do not permit the complete restoration required by this Section, the Lessee shall temporarily restore the affected ways or property. Such temporary restoration shall be at the Lessee's sole expense and the Lessee shall promptly undertake and complete the required permanent restoration when the weather or other conditions no longer prevent such permanent restoration. C. The Lessee or other person acting in its behalf shall use suitable barricades, flags, flagmen, lights, flares and other measures as required for the safety of all members of the general public and to prevent injury or damage to any person, vehicle or property by reason of such work in or affecting such ways or property. D. The Public Works & Utilities Director shall be responsible for inspection and final approval of the condition of the public ways, other ways, and City property following any construction and restoration activities therein. Further, the provisions of this Section shall survive the expiration, revocation, or termination of this Lease. 25. FACILITIES MAPS. The Lessee shall provide the City with a map or maps accurately reflecting the horizontal and vertical location and configuration of all of its telecommunications facilities within the public ways and upon City property. The Lessee shall provide the City with updated maps upon request by the City. 26. BOOKS, RECORDS AND MAPS. All books, records, maps and other documents, maintained by the Lessee with respect to its telecommunications facilities within the public ways and upon City property shall be made available for inspection by the City at reasonable times and intervals; Provided, however, that nothing in this Section shall be construed to require the Lessee to violate state or federal law regarding subscriber privacy, nor shall this Section be construed to require the Lessee to disclose proprietary or confidential information without adequate safeguards for its confidential or proprietary nature. 27. LEASED CAPACITY AND CO-LOCATION. Lessee shall have the right, with prior City approval and subject to 1 O( c) sublet the premises consistent with this Lease; provided: A. The Lessee shall furnish the City with a copy of any such proposed lease or agreement between the Lessee and its sub-lessee; B. The sub-lessee has complied, to the extent applicable, with the requirements contained in this Lease; C. The Lessee owns and/or controls the tower facility located on City property; LEASE AGREEMENT - 9 D. The City and Lessee agree upon additional rental fee for sub-lessee hook- ups pursuant to Section W(c). The City encourages co-location on existing telecommunications facilities and to that end will not unreasonably withhold approval of sub-leases. 28. UTILITIES. Electricity, HV AC and telephone service, or other utilities are to be provided to the Premises and Site at Lessee's expense and as outlined in Schedule A. City shall cooperate with Lessee in obtaining utility service. 29. LICENSES AND TAXES. Upon commencement of the Lease, Lessee shall be responsible for paying real or personal property, excise leasehold, business and occupation, and/or other taxes or licenses which may in the future be assessed as a direct result of the Lessee's operations at the telecommunications facilities described herein. 30. INSURANCE. The Lessee shall, as a condition of the Lease, secure and maintain the following liability insurance policies insuring both the Lessee and the City, and its elected and appointed officers, officials, agents, employees, representatives, engineers, consultants, and volunteers against claims for injuries to persons or damages to property which may arise from or in connection with the exercise of the rights, privileges, and authority granted to the Lessee: A. Comprehensive general liability insurance, written on an occurrence basis, with limits not less than: (1) and property damage; $2,000,000.00 combined single limit coverage for bodily injury (2) Comprehensive form premises-operations, explosions and collapse hazard, underground hazard and products completed hazard with limits of not less than $2,000,000.00. B. Automobile liability for owned, non-owned and hired vehicles with a minimum limit of $2,000,000.00 for each accident; C. Worker's compensation within statutory limits and employer's liability insurance with limits of not less than $1,000,000.00; D. The liability insurance policies required by this Section shall be maintained by the Lessee throughout the term of the Lease, and such other period of time during which the Lessee is operating without a Lease hereunder, or is engaged in the removal of its LEASE AGREEMENT - 10 telecommunications facilities. The Lessee shall provide an insurance certificate designating the City, and its elected and appointed officers, officials, agents, employees, representatives, engineers, consultants, and volunteers as additional insureds, to the City prior to the commencement of any work or installation of any facilities pursuant to said Lease. Any deductibles or self-insured retentions must be declared to and approved by the City. Payment of deductibles and self-insured retentions shall be the sole responsibility of the Lessee. The Lessee's insurance shall be primary insurance as respects the operations of Lessee. Any insurance maintained by the City, its officers, officials, employees, consultants, agents, and volunteers shall be in excess of the Lessee's insurance and shall not contribute with it in this regard. The City shall be provided thirty (30) days advance notice of cancellation of any coverages required in 30(A) above; E. Within thirty (30) days after receipt by the City of said notice, and in no event later than fifteen (15) days prior to said cancellation or intent not to renew, the Lessee shall obtain and furnish to the City replacement insurance certificates meeting the requirements of this Section. 31. GENERAL INDEMNIFICATION. Lessee covenants not to bring suit against the City and hereby agrees to defend, indemnify, and hold harmless the City, its appointed and elected officers, employees, agents and volunteers from and against any and all liability, loss, costs, damage, and expense, including costs and attorney fees in defense thereof, and including claims by the Lessee's own employees to which the Lessee might otherwise be immune under Title 51 RCW, because of actions, claims or lawsuits for damages resulting from personal or bodily injury, including death at any time resulting therefrom, sustained or alleged to have been sustained by any person or persons, and on account of damage to property, arising or alleged to have arisen directly or indirectly out of or in consequence of the performance of this Agreement, whether such injuries to persons or damage to property is due to the negligence of the Lessee, its agents, employees, representatives or assigns. This provision shall be inapplicable to the extent such damage or injury is judicially found to be caused by the sole negligence of the City. This provision waiving immunity for claims arising out of Title 51 RCW was specifically negotiated by the parties. Lessee assumes the risk of damage to its facilities located in the City's public ways, rights-of- way, easements, and property from activities conducted by the City, its officers, employees, agents, and volunteers. The Lessee releases and waives any and all claims against the City, its officers, employees, agents, and volunteers for damage to or destruction of the Lessee's facilities except to the extent any such damage or destruction is caused by the willful and malicious action ofthe City, its officers, employees, agents, or volunteers. 32. CONSTRUCTION AND COMPLETION BOND. A performance bond written by a corporate surety acceptable to the City equal to at least 100% of the estimated cost of constructing the Lessee's telecommunications facilities within the public ways of the City or upon City property shall be deposited in the event construction is commenced. LEASE AGREEMENT - 11 A. Except as provided below, the construction bond shall remain in force until 60 days after substantial completion of the work, as determined by the City, including restoration of public ways and other property affected by the construction. B. The construction bond shall guarantee, to the satisfaction of the City: (1) Timely completion of construction; (2) Construction in compliance with applicable plans, permits, technical codes, and standards; (3) Proper location of the facilities as approved by the City; (4) Restoration of the public ways and other public or private property disrupted, damaged, or otherwise affected by the construction. The construction bond shall warrant said restoration work for a period of I year; (5) The submission of 'as-built' drawings after completion of the work as required by this Section; and (6) Timely payment and satisfaction of all claims, demands or liens for labor, material or services provided in connection with the work. 33. ASSIGNMENTS OR TRANSFERS OF LEASE. Ownership or control of a Lease may not, directly or indirectly, be transferred, assigned or disposed of by sale, lease, merger, consolidation or other act of the Lessee, by operation oflaw or otherwise, without the prior written consent of the City, which consent shall not be unreasonably withheld or delayed, except as expressed by ordinance and then only on such reasonable conditions as may be prescribed therein. A. No Lease shall be assigned or transferred in any manner within twelve (12) months after the initial grant ofthe Lease, unless otherwise provided. B. Absent extraordinary and unforeseeable circumstances, system or integral part of a system shall be assigned or transferred before construction of the telecommunications facility has been completed. c. The Lessee and the proposed assignee or transferee of the system shall provide and certify the following information to the City not less than sixty (60) days prior to the proposed date of transfer: (1) Complete information setting forth the nature, terms 'and condition of the proposed transfer or assignment; LEASE AGREEMENT - 12 (2) Any other information reasonably required by the City. D. No transfer shall be approved unless the assignee or transferee has the legal, technical, financial, and other requisite qualifications to own, hold and operate the telecommunications facility pursuant to this Lease. E. Unless otherwise provided in this Lease, the Lessee shall reimburse the City for all direct and indirect costs and expenses reasonably incurred by the City in considering a request to transfer or assign this Lease. No approval shall be deemed approved until all such costs and expenses have been paid. F. Any transfer or assignment of the lease, system, or integral part of a system without prior written approval of the City under this Section or pursuant to the Lease shall be void and is cause for revocation of the lease. G. Lessee shall make no assignment or transfer of this Agreement without obtaining the written consent of Lessor, which consent shall not be unreasonably withheld. H. Notwithstanding anything to the contrary herein, the City's approval and/or consent shall not be required for an assignment of the Agreement from the Lessee to another person or entity controlling, controlled by, or under common control with the Lessee. 34. TRANSACTIONS AFFECTING CONTROL OF LEASE. Any transactions which singularly or collectively result in a change of 50% or more of the ownership or working control of the Lessee, of the ownership or working control of the telecommunications facility, of the ownership or working control of affiliated entities having ownership or working control of the Lessee or of a telecommunications facility, or of control of the capacity or bandwidth of the Lessee's telecommunication system, facilities or substantial parts thereof, shall be considered an assignment or transfer requiring City approval pursuant to Section 33 hereof. Transactions between affiliated entities are not exempt from City approval. The Lessee shall promptly notify the City prior to any proposed change in, or transfer of, or acquisition by any other party of control of Lessee's company. Every change, transfer, or acquisition of control ofa Lessee's company shall cause a review ofthe proposed transfer. In the event that the City adopts a resolution or other appropriate order denying its consent and such change, transfer or acquisition of control has been effected, the City may cancel the Lease. Approval shall not be required for mortgaging purposes or if said transfer is from the Lessee to another person or entity controlling, controlled by, or under common control with the Lessee. 35. REVOCATION OR TERMINATION OF LEASE. The Lease granted by the City to use or occupy public ways of the City or City property may be terminated for the following reasons: LEASE AGREEMENT - 13 A. Lessee's construction or operation in the City or in the public ways of the City or upon City property without proper City authorization; B. Lessee's construction or operation at an unauthorized location; C. Unauthorized substantial transfer of control of the Lessee; D. Unauthorized assignment of Lease; E. Unauthorized sale, assignment or transfer of Lessee's Lease, assets, or a substantial interest therein; F. Misrepresentation by or on behalf ofthe Lessee in any application or written statement upon which the City relies in making the decision to grant, review or amend said Lease; G. City property; Abandonment of telecommunications faci~ities in the public ways or upon H. Failure to relocate or remove facilities as required in this Lease; I. Failure to pay taxes, compensation, fees or costs when and as due the City; J. Insolvency or bankruptcy of the Lessee; K. Failure to construct or operate in accordance with approved permits; and L. Violation of any material provision or term of this lease. 36. NOTICE AND DUTY TO CURE. In the event that Lessee is in violation of or defaults under the provisions of the Lease, the Lessee shall be given written notice of the apparent violation, default or non-compliance, providing a short and concise statement of the nature and general facts of the violation, default or non-compliance, and providing the Lessee a reasonable period of time not exceeding 90 days to cure the violation. 37. STANDARDS FOR REVOCATION OR LESSER SANCTIONS. !fa determination is made by appropriate City authority that a Lessee willfully violated or failed to comply with any of the provisions of this Lease after notice is given the Lessee by the City under the provisions of this Lease, then the Lessee shall forfeit all rights conferred hereunder and the Lease may be revoked or annulled by the City. The City may elect, in lieu of the above and without any prejudice to any of its other legal rights and remedies, to pursue other remedies and to recover damages and costs incurred by the City by reason of the Lessee's failure to comply. LEASE AGREEMENT - 14 38. NOTICE OF ENTRY ON PRIVATE PROPERTY. If directed by the City, at least 24 hours prior to entering private property or streets or public easements adjacent to or on such private property to perform permitted new construction or reconstruction, a notice indicating the nature and location of the work to be performed shall be physically posted, at no expense to the City, upon the affected property by the Lessee. A door hanger may be used to comply with the notice and posting requirements of this Section. The Lessee shall make a good faith effort to comply with the property owner/resident's preferences, if any, on location or placement of underground installations (excluding aerial cable lines utilizing existing poles and existing cable paths), consistent with sound engineering practices. Provided, however, that nothing in this Lease shall permit the Lessee to unlawfully enter or construct improvements upon the property or premises of another. 39. SAFETY REQUIREMENTS. The Lessee, in accordance with applicable federal, state, and local safety requirements shall, at all times, employ ordinary care and shall install and maintain and use commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injury, or nuisance to the public and/or workers. All structures and all lines, equipment and connections in, over, und~r, and upon the streets, sidewalks, alleys, and public ways or places of a Lease area, wherever situated or located, shall at all times be kept and maintained in a safe, suitable condition, and in good order and repair. The City reserves the general right to see that the telecommunications facility of the Lessee is constructed and maintained in a safe condition. Ifa violation of the National Electrical Safety Code or other applicable regulation is found to exist by the City, the City will, after discussions with the Lessee, establish a reasonable time for the Lessee to make necessary repairs. If the repairs are not made within the established time frame, the City may make the repairs itself or have them made and collect all reasonable costs thereof from the Lessee. 40. LIENS. Lessee shall not permit any lien to be imposed upon the property of the City as a result of work done by or on behalf of user and shall indemnify and hold the City harmless against any and all expenses, including reasonable attorney's fees and court costs in connection with any such lien. 41. MISCELLANEOUS. A. This agreement shall be governed and interpreted by the laws of the State of Washington and any judicial action to resolve disputes arising out of this agreement shall be brought in Kitsap County Superior Court. B. The substantially prevailing party in any litigation arising hereunder shall be entitled to its reasonable attorney's fees and court costs, including appeals, if any. C. Each party agrees to furnish the other, within thirty (30) days after request, such truthful estoppel information as the other may reasonably request. LEASE AGREEMENT - 15 D. This Lease constitutes the entire agreement and understanding of the parties, and supersedes all offers, negotiations and other agreements. There are no representations or understandings of any kind not set forth herein. Any amendments to said Lease must be in writing and executed by both parties. E. If either party is represented by a real estate broker in this transaction, that party shall be fully responsible for any fee due such broker. F. If any term of this Lease is found to be void or invalid, such invalidity shall not affect the remaining terms of this Lease, which shall continue in full force and effect. G. Any notice or demand required to be given herein shall be made by certified or registered mail, return receipt requested, to the address of the respective parties set forth below. Further, any correspondence regarding this lease or the site shall be sent to the address below: LESSOR: City of Bremerton Attn: Public Works & Utilities Administrative Manager 3027 Olympus Drive Bremerton, W A 98310-4799 LESSEE: New Cingular Wireless Attn: Wireless Asset Management Re: Cell Site: BR01_Kitsap Lake P.O. Box 2088 Rancho Cordova, CA 95741-2088 with a copy to: New Cingular Wireless Attn: Network Real Estate Admin. Re: Cell Site: BR02 _ Kitsap Lake 6100 Atlantic Boulevard Norcross, GA 30071 with another copy to: New Cingular Wireless Attn: Legal Department Re: Cell Site: BR02 _ Kitsap Lake 15 East Midland Avenue Paramus, NJ 07652 LEASE AGREEMENT - 16 The individuals identified in this paragraph shall be the specific point of contact for each party regarding all topics. Any change to this point of contact shall be delivered to the other party in writing by certified or registered mail, return receipt requested. All payments will be sent to the City Finance Office at 345 6th Street, Suite 600, Bremerton, W A 98337. H. The City agrees to execute a Memorandum of this Lease Agreement which Lessee may record with the appropriate Recording Officer. The date set forth in the Memorandum of Lease is for recording purposes only and bears no reference to commencement of either term or rent payments. 42. FIRE PRECAUTIONS. Lessee will ensure that all Forest Protection Regulations and Fire Precaution Levels (IFPLs) are observed during closed season (April 15 - October 15). Lessee shall be responsible for checking IFPLs and keeping activities within those allowed for a specific IFPL. Washington State Department of Natural Resources regulates forest land activities and provides daily IFPLs via telephone and the internet. 43. NONDISCRIMINATION. Lessee shall not discriminate in employment or services to the public on the basis of race, color, national origin,' sex, religion, age, marital status or disability, except employment actions based on a bona fide occupational qualification. LESSEE Date: 3\J1l\€- f ( 2()Ob LOUIS R. LEVY DEPLOYMENT MGR. PNW New Cingular Wireless PCS, LLC, a Delaware limited liability company By: /??~ ~;me: ,t'J ~ ~~ CITY OF BREMERTON Date: CARY BOZEMAN, Mayor APPROVED AS TO FORM: ROGER A. LUBOVICH, City Attorney LEASE AGREEMENT - 17 COUNTY OF ) ) SS. ) STATE OF On this day of ,20_, before me, the undersigned, a Notary Public in and for the State of , duly commissioned and sworn, personally appeared to me known to be an authorized representative of , the limited partnership that executed the foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of , for the uses and purposes therein mentioned, and on oath stated that He is authorized to execute the said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Print or Type Name: Notary Public in and for the State of _, residing at My appointment expires: State of Washington ) ) ) ss. County of Kitsap On this day of ,20_, personally appeared Cary Bozeman to me known to be the Mayor of the City of Bremerton, a municipal corporation, that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said municipal corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument. In witness whereof I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public in and for the State of Washington Residing at My commission expires: RECEIVED FOR FILING: P AULA JOHNSTON, City Clerk LEASE AGREEMENT - 18 TENANT ACKNOWLEDGEMENT STATE OF W ASlllNGTON ) ) SS. COUNTY OF KING ) I certify that I know or have satisfactory evidence that Louis Levy is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Deployment Manager of New Cingular Wireless PCS, LLC, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. '---, ..-t' . " DATED: \'..\It..)Cf..( . _\ Notary Seal Notarv Public State of Washington RAFAel D SEVILLA My Appointment Expires Jon 21. 2010 -- t--. I t---. I' '. ,. (Signature of Notary) Rafael D Sevilla (Legibly Print or Stamp Name of Notary) Notary Public in and for the State of Washington My appointment expires::"l, (.;." I '? ,- ..' \ ( ;.t. I- '. '. \ . , ; ! ; ,...i. ~ _.. c . SCHEDULE A r'-""'l r-'--------t~ I .:1'''... ....r~~ ~~,.~~c-: II II III =~~~ \ I , I '", I '''f ~ it II .I \\ I 1 i ! i ) ~ , ! l!~t6H'1fiIQMAVfl1, . \. '-------- ~ (~.,. L --'=".;:'" _.' ~ . _'_.f'\iIU.'~ .r e.lWdlWBO i II ii' I I ~.........~~ ~. ~)dt~ JQ!lt~. ~-TCQE1A 1__"'_~~ 11 II 1 ' I !, I II I 111 !I I I \ -",,:;;';- ~f'l'Ol.NO LAYOUT . I ~ . ~.toJ_J LEASE AGREEMENT - 19 Return to: City ofBremerton Attn: Public Works & Utilities c/o Administrative Manager 3027 Olympus Drive Bremerton, W A 98310-4799 Memorandum of Land Lease Agreement Assessor's Tax Parcel ID#: City of Bremerton, a municipal corporation duly organized and existing under the laws of the State of Washington New Cingular Wireless PCS,LLC, a Delaware limited liability company THAT PORTION OF SECTION 29, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., (official legal description as Exhibit "A") 292401-2-002-2008 Grantor: Grantee: Legal Description: Reference # (if applicable): BR02 _ Kitsap Lake/ A LEASE AGREEMENT - 20 MEMORANDUM OF TELECOMMUNICATIONS FACILITIES LEASE AGREEMENT THIS MEMORANDUM OF TELECOMMUNICATIONS FACILITIES LEASE AGREEMENT evidences that a Land Lease Agreement ("Agreement") was entered into as of , _, by and between the City of Bremerton ("Lessor"), and New Cingular Wireless PCS, LLC, a Delaware limited liability company ("Lessee"), for certain real property located at 1301 Union Avenue, in the County of Kit sap State of Washington within the property of Lessor which is described in Exhibit "A" attached hereto ("Legal Description"), together with a right of access and to install and maintain utilities, for a term of twenty-five (25) years commencing as provided for in the Agreement. IN WITNESS WHEREOF, Lessor and Lessee have duly executed this Memorandum of Telecommunications Facilities Lease Agreement as of the day and year last written below. LESSOR: City of Bremerton By: Name: Title: Date: LESSEE: New Cingular Wireless PCS, LLC, a Delaware limited liability company ~~e: /~'i-,w ~~::pEP~~~ MGR. PNW LEASE AGREEMENT - 21 LESSOR ACKNOWLEDGEMENT State of Washington ) ) ) ss. County of Kitsap On this day of , 200 , personally appeared Cary Bozeman to me known to be the Mayor ofthe City of Bremerton, a municipal corporation, that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said municipal corporation, for the uses and purposes therein mentioned, and on oath stated that she was authorized to execute said instrument. In witness whereof! have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public in and for the State of Washington Residing at My commission expires: LEASE AGREEMENT - 22 LESSEE ACKNOWLEDGMENT COUNTY OF ) ) SS. ) STATE OF On this day of ,20_, before me, the undersigned, a Notary Public in and for the State of , duly commissioned and sworn, personally appeared to me known to be an authorized representative of , the limited partnership that executed the foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of , for the uses and purposes therein mentioned, and on oath stated that He is authorized to execute the said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Print or Type Name: Notary Public in and for the State of , residing at My appointment expires: LEASE AGREEMENT - 23 TENANT ACKNOWLEDGEMENT STATE OF WASHINGTON ) ) SS. COUNTY OF KlNG ) I certify that I know or have satisfactory evidence that Louis Levy is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Deployment Manager of New Cingular Wireless PCS, LLC, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED: \ .'\ \ ',,-_-\/l,.,",,_~"" \: ';" (\....,,/'-..... ;' , . ...:...." ^'- .' Notary Seal Notarv Public Stole of WaShington 1\1 ". RAFAEL 0 SEVILLA . v A.p/Volntment Expires Jon 2l. 2010 l.r" , ; i.. ., .. ~ :... I l . -J 1, ;! I (Signature ofNbtary) Rafael D Sevilla (Legibly Print or Stamp Name of Notary) Notary Public in and for the State of Washington My appointment expires: .: . \ t.: .d:i \ (' EXHIBIT "A" LEGAL DESCRIPTION THAT PORTION OF SECTION 29, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., KITSAP COUNTY, WASHINGTON DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 29; THENCE SOUTH 78 39' 54" WEST 3608.16 FEET TO THE TRUE POINT OF BEGINNING; THENCE WEST 80.00 FEET; THENCE NORTH 70.00 FEET; THENCE EAST 80.00 FEET; THENCE SOUTH 70.00 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 5,600 SQUARE FEET MORE OR LESS R:\LEGAL\Contracts\PUBLIC WORKS\Cingular Telecommunications Lease.doc LEASE AGREEMENT - 24 DATE SUBMITTED: 6-7-2006 AGENDA BILL CITYjOF BREMERTON CITY COUNCIL 11810' -/3/ 'If ........................................................................................ SUBJECT: Budget Adjustment for Budget Analyst Position Committee Meeting Date: 6-14-06 COUNCIL MEETING Date: 6-28-06 Department: Financial Services Presenter: Laura Lyon Phone: 473-5722 SUMMARY: The City's current Budget Analyst has given notice of intent to retire in October of 2006. This is a highly technical and important support position for Financial Services. Hiring someone now and providing a period of double filling the position will allow for sufficient training and a smoother transition of this important function ofthe City. This will require a budget adjustment of $25,000 in personnel costs to cover the double fill period and also requires Council's approval to have the Financial Services staffing level increase above the authorized 2006 budget levels for that same time period. In addition, staff is recommending an increase of $5,000 to both the Financial Services and Human Resources 2006 personnel budgets to provide temporary help in addressing identified data entry and clerical work backlogs. ATTACHMENTS: Discussion Memo. FISCAL IMPACTS (Include Budgeted Amount): This action will increase the authorized expenditures of the General Fund by a total of$35,000 (Finance - $30,000, Human Resources $5,000) in 2006. The additional expenditures will come from ending fund balance. The increased expenditures are a one time cost to cover additional workloads in the department and to provide for a transition period for the budget analyst position replacement. APPROVALS: DEPARTMENT DIRECTOR CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: FISCAL/BUDGET: OPERATIONS: COUNCIL PRESIDENT: ~~~-- ~. a, .~ ..,- .~.' ~ &.f#~;1 ~.cc/. '>?tZo_. . . - I ~ CONSENT AGENDA ot$i RECOMMENDED MOTION: Move to approve a temporary increase in the authorized staffing level for Financial Services for one Budget Analyst position for the period spanning July through October 2006, and approve a 2006 budget amendment to increase the Financial Services personnel expenditures by $30,000 and the Human Resources personnel expenditures by $5,000. COUNCIL ACTION: 0 Approve 0 Deny 0 Table 0' Continue 0 No Action Memorandum To: City Council Mayor Cary Bozeman From: Laura Lyon, Director of Financial Services Re: Budget Analyst Position Date: June 5, 2006 Mark McLaughlin is the Budget Analyst for the City - a position he has held since joining the City in late 2004. Mark has recently made notice that he intends to retire this fall (October 2006). My staff and I have been reviewing the workloads and processes in the department, viewing this pending retirement as an opportunity to evaluate and make changes where possible and appropriate. From this review process we have determined that the payroll function needs to be integrated with the personnel functions in order to better coordinate related work tasks. The Payroll Specialist position will be reassigned to the Human Resources Department and report to the Manager of Human Resources rather than the Finance Officer. In addition, it was determined that the budget analyst needs to be more involved with the payroll processing and position control function in order to provide the greatest benefit of ensuring that the City's largest direct budgetary expenditure (payroll) is properly provided for and monitored. This provides needed operational backup and also ensures greater depth and understanding of the City's labor contracts, benefits, and overall payroll cost components. As a consequence the job description for the budget analyst has been updated to include an expectation of providing this backup function and a greater emphasis on the budget position control maintenance and monitoring has been added. This position will now report to the Finance Officer rather than the Director of Financial Services. We believe these changes will provide greater value and flexibility to this position for the City. With the impending retirement of the current Budget Analyst, I am seeking permission of the City Council to temporarily increase the authorized staffing level of the Financial Services Department for the four month period July through October 2006 to allow a replacement to be hired ahead of the scheduled retirement. Double filling the position now will allow for sufficient training and a smoother transition of this important and technical function of the City. This will require a budget adjustment of $25,000 in personnel costs to cover the double fill period and also requires Council's approval to have the Financial Services staffing level increase above the authorized 2006 budget levels for that same time period. In addition, I am requesting an increase in the Financial Services and Human Resources 2006 budget by $5,000 each for "other help" to allow the use of some temporary help in addressing a growing backlog of clerical tasks in each of these two areas. There is an anticipated medical leave absence (4 to 6 weeks) in July/August of a key staff person as well as the learning curve of bringing this replacement position on board - such that it is not possible for existing staff to get to this backlog of work and much of it is necessary for ongoing operational needs. Some of the items noted that need attention and that lend themselves to the use of temporary help include: Finance - . Data assembling for Arbitrage Compliance Specialist . Data Entry for Conversion of Receivable System . Block Grant Program Income Analysis and Review . Data Input - Fixed Asset System Records . System Development of Standard Reports in Pentamation System Human Resources - . Filing - Personnel File Updating . Data Input - Personnel Database from Files Brought over from Old City Hall (once input the hardcopies can be properly archived) I am asking the Council to approve a temporary increase of 1 Budget Analyst position for the months of July through October 2006 and an increase in the personnel budget in the General Fund for Finance - $30,000 and Human Resources $5,000. DATE SUBMITTED: June 7, 2006 BILL # Olp - /3d- AGENDA BILL CITY OF BREMERTON CITY COUNCIL 5A .............................................................~~...e.~!~~~........ SUBJECT: Award of bid and budget adjustment relating to the Capital Hill Fire Station Committee Meeting Date: COUNCIL MEETING Date: Department: Presenter: Phon. SUMMARY: Staff recommends that City Council award the bid to Dickson for demolition of the Capital Hill Fire Station in the amount of $54,743.44. In addition 0 the demolition, City staff intends to relocate city radio/telecommunications equipment and th fire test pit and cap City sewer at the Capital Hill Fire Station site. Staff is requesting a budget adj tment in the amount of$120,OOO for the award of the contract to WM Dickson and relocation of uipment and related services. ATTACHMENTS: Demolition Bids/Fire Pump Repl ement/Removal City Equipment FISCAL IMPACTS (Include Budgeted Amount Demolition and relocation costs must be funded in advance of selling this property. It is anticipate that proceeds from sale will more than cover these costs. Budget approval is needed to transfer ds from the Contingency Reserve to the Street Fund and authorize expenditures in the Street Fun for the demolition and relocation costs. Proceeds (when received) will go into the Contingency Res e Fund. {~~o;'4L ' eft ~,/.~ c- ~ f.;.- .'C?'-~- , ~/' j -.... ~. L-,' ,-. -> '/ r"/<~~- hJ .--Z~---n./t1 . CONSENT AGENDA APPROVALS: DEPARTMENT DIRECTOR CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: FISCAL/BUDGET: OPERATIONS: COUNCIL PRESIDEN RECOMMENDED MOTION: Move to approve the award of the bid to WM Dickson for demolition of the Capital Hill Fire Station in the amount of $54,743.44 and to approve a budget amendment to transfer $120,000 from the Contingency Reserve Fund and authorize the Street Fund to expend this additional amount. COUNCIL ACTION: D Approve D Deny D Table D Continue D No Action MAY. 31. 2006 4:17PM WMDICKSONCO NO. 6678 P. 1 WM. DICKSON co. GENERAL CONTRACTORS FAX TRANSMITAL To: CJ~(y,~~ ATIN'~~ FRO~: ~~ ~ RE ~, p~ f\-D~~~ TOTAL PAGE'S BEING TRANSMITTED (INCLUDING TRANSMITI'm: 2-- DATE: ~ ~1 f.b. FAX #: -3 L p ---tr;- S-"S~V fF AlL. PAGES ARE NOT RECEIVED, PLEASE: CALL (253) 472-4489. COMMENTS: 0'/ c\~ T'RANSMfrrE'O: ~RAF'PROVA!.. ~ REOUESTEO _URGENT! FLp'J1.SE DE:LlVf!:R TO RECIPIENT IMMEDIATELY. _IF CHECKED. ORIGINALS TO FOLLOW VlA US MAIL.. P;,OR BEVJEW AND COMMENT ~ FOR YOUR INF'ORMATION 3315 SOUTH PINE SrnE:J;IT . TACOMA. WA SS40e . (25~) 472-4489 · FAX (25:3) 4724521 EMAIL.:WMOrCKSON@V.ll.tIOrCKSON.NlIT -lrcE;Nsl::; No: WMDICC* 1 OSJ7 MAY, 31.2006 4:17PM WMDICKSONCO .~ ~ '%~'" NO. 6678 p, 2 WM. DICI(SON CO. 3315 South Pine Street . (253) 472-4489 FAX (253) 472-4521 . Taooma, WA 93409"5793 General Contraotors ' Reg. #. WMDlCC~10aJ7 PROPOSAL AND ACCEPTANCE NA.J\IE: City ofBremerton IA1.7ENTION: Robert Tnl ADDRJ5$S: 100 Oyster Bay Avenue North Bremerton~ W A 98312 We hereby submit sDeci/icatiolfS and estimates for: PHONE No. PAXNtI, (360) 473-5753 (360 473-5360 JOB NAllIE: BuUdin Demolition JOB LOCJfTION: 6tl1 Street & Times Avenue Bremerton, W A 98312 J)A,TE: May 31, 2006 The Wm. Dickson Co. proposes to demolish and remove the former fire station structure located at the above named location for the LUMP SUM: $46,400.00 Included with this demolition proposal are the removal & disposal of all associated foundations & walkways, capping of sewer, PSCAA Pennit, temp-fencing of site, asbestos survey and disposal of all materials at an approved landfill or recycler. Remaining grade will be sloped to the greatest extent possible to minimize/eliminate fall hazards. The anticipated duration for this work is 6-8 workdays. Excluded from this proposal are disconnect of power/gas, hazardous materials removal (9ncluding asbestos), removal of underground storage tanks (if any)~ import of fill, bond (add 2.5% ihequired) or weekend/overtime work. Line Item Cost: Removal of Asphalt Ptlving (Approx. 11,000 SF): Add $3,800.00 to Base Bid * A proposal for asbestos abatement (if identified) can be p1'Ovided upon the completion of the asbestos SU1'Vey We hereby propose to furnish material and labor-complete ;11 accordance with above specifications. for the b(1$e bid sum: Forty Six Thousand Four Hundred Dollan; and 00/100 ($46,600.00) Paymentwitl6eD3!(}11"ws: Net 30 days plus lfv.S.S.T. @8.6% Al1lll!wlall.le_..d..~ Allworkto""~tJdil\l~~_ oc<llmqlO 11l1OOM4 pII<li<;... Arty a1rml!iooocdIlYQlioDfioo1obD'UI""iGolliom inVQI~..ua..m. 'iii bol I>lUllrt4 6ftt \IPOn Wli~ordm, lIIld VIiII ba:o...OD mm dwgeQvarondohovelhorzlODAtIJ. AII~~ <:Ruponsuik...oaid_or <k1C\!"J ~"" ou< coom. Own.< om:r tire. ._ oillot ICOa3IlY lno........ Our ''\o'Olkti'li t~ t~t (Oftfed Wo ts Co . utMCt. A.uIIIQrlZl!a S/g1Ia1ure: Dy ro:apt..,." oftli:;prop<l5ll)'ou._ ~ IIldItlllli.lY aD<lll9Jd Wa l)k~ Co. ~l\wl llI1d~ all claiim.lo..... <<r>1:;, ..p<inIlGl.~, ~il!l\If;e;l, 3ll4llobililit$ indudi"8 rwooallleill\omej' *"' ond "l'U, rsulJing fiom~ _or ~tdll&l!O disdwac, 4is~ or ellotrtQt Qr ~!eof""l' p""",or properly t., OONTAMlNA'IION QI 1M Bile (h"...ollor"HAZi'.ROOIIS MATEl\IAL C~AlM"). ~llU' r-r arisefrom W.. I);ooon Co. 's . or WI'IJ Ul ACts. I s/g1Iatllre: . .~ "" '"-''' ....'" - - l1)ate (If Act:eRtlUlc/!: -~J 06/01/2006 15:10 FAX 3607925964 SOUND EXCAVATION SOUND EXCAVATION, INC 3020 W. Sherman Heights Road Bremerton · W A . 98312 Phone: 360-373-1613 Fax: 360-i92-5964 June 1, 2006 To: City of Bremerton Attn: Bob Tulp Re: Fire Station Demolition I41002/002 We respectfully submit the following proposal for the Bremerton Fire Station demolition: Complete demolition and disposal ofthe building (assumed clean). Lump Sum Price.........S77,400.00 + tax Excludes: All utilities Power, sewer, water Abatement Permits Erosion control and any unforeseen contaminants ,\ Capital Hill Demolition Cost There were 2 bids received for the demolition of the structure: A.) W.M.Dickson Co. $54,743.44 B.) Sound Excavation $84,056.40 Removal of city radio and telecommunications equipment to be re-Iocated on right-of- way is estimated at $6,500.00. Asbestos inspection and removal is estimated to be $4,000.00. Demolition and replacement of the fire test pit is estimated to be $46,000.00. Utility caps and shut offs are estimated at $1,200.00. Demolition cost: Asbestos cost: Relocation Equip. Fire Test pit Contingency Total $54,743.44 $ 4,000.00 $ 6,500.00 $46,000.00 $ 8,756.56 $ 120,000.00 Relocation of city radio/telecommunications equipment, fire test pit, and sewer cap to be performed by city staff. PUBLIC WORKS AND UTILITIES ENGINEERING DIVISION MEMORANDUM f~ S8 1"'''$ ... SF TO: FROM: City Council Tom Cressman - Interim Director of Parks and Recreation Tom Knuckey - Managing Engineer, Utilities DATE: May31,2006 SUBJECT: Resolutions Authorizing the City to Make Forma~ Application for Grant Funding BACKGROUND The Interagency Committee for Outdoor Recreation (lAC) manages ten grant programs whose purpose is to create, maintain and enhance opportunities for recreation and to protect the states wild lands. lAC Grants are typically used by municipalities and Native American Tribes to construct such items as parks, boating facilities, trails, firearms and archery ranges, playfields, wildlife and salmon habitat restoration projects, etc. In 2005, the lAC provided $93 million dollars in funding to 432 projects. There are five Agenda Bills scheduled to be heard by the City Council at the Committee Meeting on June 14, 2006, and at the Council Meeting on June 28, 2006. The Agenda Bills are for approval of resolutions for the City to make formal application for funding assistance from the lAC. These grants would provide partial funding for the Bremerton Boardwalk and Blueberry Park Projects. BREMERTON BOARDWALK Three lAC grant applications have been submitted for this project; one Aquatic Lands Enhancement Account (ALEA) grant, one Washington Wildlife and Recreation Program (WWRP) grant in the Local Parks category, and one WWRP grant in the Trails category. These lAC Grants are made available on a biennial basis - the current biennium is 2007 to 2009. The requested grant amounts are as follows: ALEA - $500,000 WWRP-Local Parks - $300,000 WWRP-Trails - $2,000,000 Page I of 3 6/7/2006 The City is submitting applications forthe maximum amount available in the ALEA and WWRP - Local Parks categories. There is no limit on the amount that can be requested from the WWRP - Trails category, the $2,000,000 figure is the maximum amount, based on past projects funded under this category, that we believe could be reasonably obtained. All three of the grants have the same terms and conditions, specifically; . The grants may only be used for the Boardwalk and Park components of the Boardwalk Project. None of the costs associated with the design, permitting, or construction of the sewer may be funded by these grants. . The grant funds may not be used to reimburse expenses incurred prior to grant award. . The grants require a 100% match (dollar for dollar.) This match can be achieved in a number of ways, including; City funds, other state or local grants from another program (IE either a WWRP-Local Parks or WWRP-Trails grant can be matched by an ALEA, but the WWRP grants cannot match each other); or donated labor, equipment and materials. A minimum of 10% in City or local contributions are required as match. . A maximum of 20% of the total project cost may be used to fund Architectural or Engineering (AlE) Design. $500,000 in grant funds is currently anticipated to be used for AlE services. . There are no identified limits on expenditures of the grants for permitting or construction. The balance of all grant funds received that have not been expended on AlE services will be expended for permitting and construction. . Notification of projected grant award is currently scheduled for late August 2006, with the final grant award list scheduled for approval on September 22,2006. Grant funds are anticipated to be available in July, 2007. Funding of the project is anticipated to come from a variety of sources. These lAC Grant applications are the first step in an ongoing goal to maximize the use of grants in order to minimize project costs. The table below presents how these grants would be used to fund the project. Staff's intent is to continue to pursue other grant opportunities as they become available. Budget Pre-Grant ALEA WWRP - WWRP - Existing Park Costs (May Trails Parks Funding, 2006-June Utility Rates, 2007) and Other Grants and Loans AlE DesiQn $2,000,000 $700,000 $250,000 $250,000 - $1,500,000 Permitting $500,000 $300,000 $100,000 $100,000 - $300,000 Boardwalk $6,300,000 - - $1,600,000 - $4,700,000 Construction Parks $700,000 - $150,000 $50,000 $300,000 $200,000 Construction Sewer $3,000,000 - - - - $3,000,000 Construction City Staff, $1,000,000 $100,000 - - - $1,000,000 Const. Mgt, Project Mgt, etc. Total $13,500,000 $1,100,000 $500,000 $2,000,000 $300,000 $10,700,000 Page 2 of3 6/7/2006 BLUEBERRY PARK DEVELOPMENT Two lAC grant applications have been submitted for this project; one Washington Wildlife and Recreation Program (WWRP) grant in the Local Parks category, and one Land and Water Conservation Fund (LWCF) Program. As previously stated, WWRP grants are made available on a biennial basis - the current biennium is 2007 to 2009. The LWCF federal grant is administered by the lAC and funds are made available on an annual basis - the current round is for 2007 - 2008. The Parks Department Staff submitted a WWRP application for $100,000 and a LWCF application for $100,000. The grants require a 100% match (dollar for dollar.) This match can be achieved in a number of ways, including; City funds, other state, federal or local grants from another program (IE a WWRP-Local Parks grant can be matched by a LWCF); or donated labor, equipment and materials. A minimum of 10% in City or local contributions are required as match. If successful, the LWCF grant funds would be available as early as November of 2006 and WWRP grant funds in July of 2007. The grant may be used for the development of Blueberry Park, to include walking trails, community gardens, landscaping, upgrades to existing facilities, and other related components of the plan. Funds from these grants are proposed to provide the majority of the funding for the Blueberry Park Project and some funding of the project is anticipated to come from multiple sources. The table below presents how these grants would be used to fund the project. Budget WWRP- LP LWCF Existing Park Funding, and Other Grants and Donations Design & $21,000 $10,000 $10,000 $1000 Engineering Taxes $10,000 $5000 $5000 $0 Landscaping $22,000 $10,000 $10,000 $2,000 Trails Construction $168,520 $73,053 $73,053 $22,414 Site Preparation $23,894 $1947 $1947 $20,000 City Staff, Const. & $20,000 $0 $0 $20,000 Project Mgt, in- kind donations, labor, partner organizations, etc. Total $235,414 $100,000 $100,000 $65,414 Page 3 of3 6/7/2006 DATE SUBMITTED: May 31, 2006 fl8K Oft, - /53 AGENDA BILL CITY OF BREMERTON CITY COUNCIL 58 ........................................................................................ No.2.G{'l'1 SUBJECT: Resolution Authorizing the City to Make Formal Application for Funding Assistance for an Aquatic Lands Enhancement Account Grant for the Bremerton Boardwalk Project. Committee Meeting Date: COUNCIL MEETING Date: Department: Presenter: Phone: June 14,2006 June 28, 2006 PW&U, Engineering Tom Knuckey (360) 473-2376 SUMMARY: The Aquatic Lands Enhancement Account (ALEA) grant program has been established by the State to provide funds for the acquisition, restoration, or improvement of aquatic lands and to improve public access to aquatic lands and associated waters. Funds from this program are proposed to partially fund design, permitting and construction of the park component of the Bremerton Boardwalk Project. To be eligible to receive the grant, a resolution in the format presented must be completed. ATTACHMENTS: Council Summary, Resolution No. .2I1Q1 FISCAL IMPACTS (Include Budgeted Amount): This ALEA grant would provide $500,000 beginning around July 2007 for partial funding of Design, Permitting and Construction of the Parks component of the Boardwalk Project. /-1 APPROVALS: /- ~ DEPARTMENT DIRECTOR( -"-:2 . '" CITY ATTORNEY: FINANCE DIRECTOR: MA YOR: FISCAL/BUDGET: OPERATIONS: COUNCIL PRESIDENT: RECOMMENDED MOTION: Move to approve Resolution No. ZqcrCf authorizing the City to make formal application for funding assistance from the Interagency Committee for Outdoor Recreation. I CONSENT AGENDA 0 I COUNCIL ACTION: D Approve D Deny D Table ab, Agenda Bills 2006, App for Funding ALEA grant for Boardwalk, 5-06 D Continue D No Action COUNCIL SUMMARY ALEA GRANT APPLICATION AUTHORIZING RESOLUTION SUMMARY The Aquatic Lands Enhancement Account (ALEA) grant program was established in 1984 to provide money for the acquisition, restoration, or improvement of aquatic lands, and to improve public access to aquatic lands and associated waters. This program is managed by the Interagency Committee for Outdoor Recreation (lAC), which uses revenue from the Department of Natural Resources to fund the program. Funds from ALEA are made available on a biennial basis - the current biennium is 2007 - 2009. A maximum of $500,000 may be pursued per applicant in a biennium. Staff submitted an application on May 1 s" the grant submittal process allows for revisions and modifications to the application until July 3rd. To be eligible to receive the grant, a resolution in the format presented must be completed. The grant may be used for the shoreline improvements, expansion of Evergreen Park, and certain trail components of the Boardwalk - this grant may not fund any part of the sewer project. If successful, the grant funds would be available around July of 2007. Type of Fund: Required Match: Use of Funds: Grant 100% match required (dollar for dollar). Other local, State or Federal grants may be used as matching funds; however, a minimum of 10% City or local contribution is also required and may be met by donations, in-kind or staff time contributions. 20% of total project cost may be applied to Architectural and Engineering Design (AlE), an unlimited amount of funds may be allocated to permitting and construction. The grant would fit into the project funding as presented in the following table: Budget Pre-Grant ALEA WWRP - WWRP - Existing Park Costs (May Trails Parks Funding, 2006-June Utility Rates, 2007) and Other Grants and Loans AlE Design $2,000,000 $700,000 $250,000 $250,000 - $1,500,000 PermittinQ $500,000 $300,000 $100,000 $100,000 - $300,000 Boardwalk $6,300,000 - - $1,600,000 - $4,700,000 Construction Parks $700,000 - $150,000 $50,000 $300,000 $200,000 Construction Sewer $3,000,000 - - - - $3,000,000 Construction City Staff, $1,000,000 $100,000 - - - $1,000,000 Const. Mgt, Project Mgt, etc. Total $13,500,000 $1,100,000 $500,000 $2,000,000 $300,000 $10,700,000 RESOLUTION NO. :J.. '1'1Cf A ,RESOLUTION of the City Council of the City of Bremerton, Washington, authorizing application(s) for funding assistance for a Aquatic Lands Enhancement Account (ALEA) Program project to the Interagency Committee for Outdoor Recreation (lAC) as provided in RCW 79.90.245 and subsequent Legislative action. Project Name(s) Bremerton Boardwalk WHEREAS, our organization has approved a comprehensive plan that includes this project area; and WHEREAS, under the provisions of ALEA, state funding assistance is requested to aid in financing the cost of land acquisition and/or facility development; and WHEREAS, our organization considers it in the best public interest to complete the land acquisition project described in the application; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The Mayor be authorized to make formal application to lAC for funding assistance. SECTION 2. Any fund assistance received be used for implementation of the project referenced above. SECTION 3. Our organization hereby certifies that its share of project funding is committed and will be derived from WWRP Grant, City Funds, and City (Force Account) Labor and Equipment [ SPONSOR MATCHING RESOURCES ]. SECTION 4. We acknowledge that we are responsible for supporting all non-cash commitments to the sponsor share should they not materialize [ if applicable ]. SECTION 5. We acknowledge that any property acquired or facility developed with lAC financial aid must be placed in use as an outdoor recreation facility and be retained in such use in perpetuity unless otherwise provided and agreed to by our organization and lAC (generally, lAC approves removing facilities from the perpetuity requirement when the facilities have reached their designed life expectancy, or because of extraordinary vandalism, acts of nature, fire, etc.) SECTION 6. This resolution becomes part of a formal application to lAC. 1 Authorizing Resolution Bremerton Boardwalk - ALEA SECTION 7. We provided appropriate opportunity for public comment on this application. SECTION 8. Severability. 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. SECTION 9. 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 _ , 2006. CECIL McCONNELL, Council President APPROVED AS TO FORM: ATTEST: ROGER A. LUBOVICH, City Attorney PAULA JOHNSTON, City Clerk R:\Legal\Legal\Resolutions\Public Works\Authorizing Resolution-Bremerton Boardwalk-ALEA.doc 2 Authorizing Resolution Bremerton Boardwalk - ALEA AGENDA BILL CITY OF BREMERTON CITY COUNCIL lJ~olo~13l{ ~G DATE SUBMITTED: May 31, 2006 ....................~.................................................................. SUBJECT: Resol~gri Aut~~~ng the City Committee Meeting Date: June 14,2006 to Make Formal Application for Funding COUNCIL MEETING Date: June 28, 2006 Assistance for a Washington Wildlife and Department: PW&U, Engineering Recreation Program (Local Parks) Grant for Presenter: Tom Knuckey the Bremerton Boardwalk Project. Phone: (360) 473-2376 SUMMARY: The Washington Wildlife and Recreation Program - Local Parks (WWRP-LP) grant program has been established by the State to provide funds for upland and water oriented projects with a primary focus on upland recreation elements. Funds from this program are proposed to partially fund construction of the park component of the Bremerton Boardwalk Project. To be eligible to receive the grant, a resolution in the format presented must be completed. ATTACHMENTS: Council Summary, Resolution No. 3voo FISCAL IMPACTS (Include Budgeted Amount): This WWRP-LP grant would provide $300,000 beginning around July 2007 to partially fund Construction of the Parks component of the Boardwalk Project. APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MA YOR: FISCAL/BUDGET: ,-fV~4---. . OPERATIONS: C-~- e:. ~~ COUNCIL PRESIDENT: c;~:n;,;e;;; 'p-;;~__~-C,~7 RECOMMENDED MOTION: Move to approve Resolution No. 3000 authorizing the City to make formal application for funding assistance from the Interagency Committee for Outdoor Recreation. I CONSENT AGENDA D I COUNCIL ACTION: D Approve D Deny D Table ab, Agenda Bills 2006, App for Funding WWRP LP grant for Boardwalk, 5-06 D Continue D No Action COUNCIL SUMMARY WWRP- LOCAL PARKS GRANT APPLICATION AUTHORIZING RESOLUTION SUMMARY The Washington Wildlife and Recreation Program (WWRP) grant program was established in 1990 to provide money for the acquisition and development of local and state parks, water access sites, trails, critical wildlife habitat, natural areas, and urban wildlife habitat. This program is managed by the Interagency Committee for Outdoor Recreation (lAC), which uses revenue from general obligation bonds to fund the program. The WWRP has several funds and accounts that fund various types of projects. The Local Parks category provides funding for upland and water oriented projects with a primary focus on upland recreation elements. Funds from WWRP are made available on a biennial basis - the current biennium is 2007 - 2009. A maximum of $300,000 may be pursued per applicant in a biennium for projects meeting the Local Parks criteria. Staff submitted an application on May 1 sl - this grant submittal process allows for revisions and modifications to the application until July 3rd. To be eligible to receive the grant, a resolution in the format presented must be completed. The grant may be used for the expansion of Evergreen Park, and certain trail components of the Boardwalk - this grant may not fund any part of the sewer project. If successful, the grant funds would be available around July of 2007. Type of Fund: Required Match: Grant 100% match required (dollar for dollar.) Other State or Federal grants may be used as match; however, a minimum of 10% City or local contribution is also required and may be met by donations, in- kind or staff time contributions. 20% of total project cost may be applied to Architectural and Engineering Design (AlE), an unlimited amount of funds may be allocated to permitting and construction. The grant would fit into the project funding as presented in the following table: Use of Funds: Budget Pre-Grant ALEA WWRp. WWRP - Existing Park Costs (May Trails Parks Funding, 2006 to Utility Rates, June 2007) and Other Grants and Loans AlE Design $2,000,000 $700,000 $250,000 $250,000 - $1,500,000 Permitting $500,000 $300,000 $100,000 $100,000 - $300,000 Boardwalk $6,300,000 - - $1,600,000 - $4,700,000 Construction Parks $700,000 - $150,000 $50,000 $300,000 $200,000 Construction Sewer $3,000,000 - - - - $3,000,000 Construction City Staff, $1,000,000 $100,000 - - - $1,000,000 Const. Mgt, Project Mgt, etc. Total $13,500,000 $1,100,000 $500,000 $2,000,000 $300,000 $10,700,000 RESOLUTION NO. jO(JD A RESOLUTION of the City Council of the City of Bremerton, Washington, authorizing application(s) for funding assistance for a Washington Wildlife and Recreation Program (WWRP) project to the Interagency Committee for Outdoor Recreation (lAC) as provided in Chapter 79A.15 RCW, for acquisition, development, or restoration of habitat conservation and outdoor recreation lands and facilities. Project Name(s) Bremerton Boardwalk WHEREAS, our agency/organization has approved a comprehensive plan that includes this project area; and WHEREAS, under the provisions of WWRP, state funding assistance is requested to aid in financing the cost of land acquisition and/or facility d~velopment/restoration; and WHEREAS, our agency/organization considers it in the best public interest to complete the land acquisition and/or facility development/restoration project described in the application;; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The Mayor be authorized to make formal application to lAC for funding assistance. SECTION 2. Any fund assistance received be used for implementation of the project referenced above. SECTION 3. Our agency/organization hereby certifies that its share of project funding is committed and will be derived from ALEA grant, City Funds, and City (Force Account) Labor and Equipment [SPONSOR MATCHING RESOURCES]. SECTION 4. We acknowledge that we are responsible for supporting all non-cash commitments to the sponsor share should they not materialize. [if applicable] SECTION 5. We acknowledge that any property acquired or facility developed/restored with lAC financial aid must be placed in use as an outdoor recreation facility and be retained in such use in perpetuity unless otherwise provided and agreed to by our organization and lAC (generally, lAC approves removing facilities from the perpetuity 1 Authorizing Resolution Bremerton Boardwalk - LP requirement when the facilities have reached their designed life expectancy, or because of extraordinary vandalism, acts of nature, fire, etc.). SECTION 6. This resolution becomes part of a formal application to lAC. SECTION 7. We provided appropriate opportunity for public comment on this application. SECTION 8. Severability. 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. SECTION 9. 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_ ,2006. CECIL McCONNELL, Council President APPROVED AS TO FORM: ATTEST: ROGER A. LUBOVICH, City Attorney PAULA JOHNSTON, City Clerk R:\Legal\Legal\Resolutions\Public Works\Authorizing Resolution-Bremerton Boardwalk-LP.doc 2 Authorizing Resolution Bremerton Boardwalk - LP DATE SUBMITTED: May 31, 2006 ItB#-o~- 13~ AGENDA BILL CITY OF BREMERTON CITY COUNCIL 51> ...................~................................................................... SUBJECT: Re~~ion ~~~rizing the City Committee Meeting Date: June 14,2006 to Make Formal Application for Funding COUNCIL MEETING Date: June 28, 2006 Assistance for a Washington Wildlife and Department: PW&U, Engineering Recreation Program (Trails) Grant for the Presenter: Tom Knuckey Bremerton Boardwalk Project. Phone: (360) 473-2376 SUMMARY: The Washington Wildlife and Recreation Program - Trails (WWRP-TR) grant program has been established by the State to provide funds to acquire,develop or renovate non- motorized trails that are not part of a street or roadway. Funds from this program are proposed to partially fund design, permitting and construction of the park and boardwalk components ofthe Bremerton Boardwalk Project. To be eligible to receive the grant, a resolution in the format presented must be completed. ATTACHMENTS: Council Summary, Resolution No. 30CJ I FISCAL IMP ACTS (Include Budgeted Amount): This WWRP- TR grant would provide $2,000,000 beginning around July 2007 to partially fund Design, Permitting and Construction of the Boardwalk and Parks components of the Boardwalk Project. APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: ~:1s~~~ t/~c- ~ . ~~~:I 7::;;;;;-'1 ~?/ RECOMMENDED MOTION: Move to approve Resolution No. 300 I authorizing the City to make formal application for funding assistance from the Interagency Committee for Outdoor Recreation. ab, Agenda Bills 2006, App for Funding WWRP TR grant for Boardwalk, 5-06 COUNCIL ACTION: D Approve D Deny D Table I CONSENT AGENDA D I FISCAL/BUDGET: OPERA nONS: COUNCIL PRESIDENT: D Continue D No Action COUNCIL SUMMARY WWRP- TRAILS GRANT APPLICATION AUTHORIZING RESOLUTION SUMMARY The Washington Wildlife and Recreation Program (WWRP) grant program was established in 1990 to provide money for the acquisition and development of local and state parks, water access sites, trails, critical wildlife habitat, natural areas, and urban wildlife habitat. This program is managed by the Interagency Committee for Outdoor Recreation (lAC), which uses revenue from general obligation bonds to fund the program. The WWRP has several funds and accounts that fund various types of projects. The Trails category provides funding for projects whose primary intent is to acquire, develop or renovate non-motorized trails that are not part of a street or roadway. In addition to funding the trail itself, funds from the program may be used for facilities such as parking and rest/picnic/view areas and restrooms. Funds from WWRP are made available on a biennial basis - the current biennium is 2007 - 2009. There is no maximum amount for grants in this program. Staff submitted an application on May 1 sl for $800,000; however, we have increased this to $2,000,000 which is the maximum amount that we believe may reasonably be obtained. This grant submittal process allows for revisions and modifications to the application until July 3rd. To be eligible to receive the grant, a resolution in the format presented must be completed. The grant may be used for the expansion of Evergreen Park, and certain trail components of the Boardwalk - this grant may not fund any part of the sewer project. If successful, the grant funds would be available around July of 2007. Type of Fund: Required Match: Use of Funds: Grant 100% match required (dollar for dollar.) Other State or Federal grants may be used as match; however, a minimum of 10% City or local contribution is also required and may be met by donations, in- kind or staff time contributions. 20% of total project cost may be applied to Architectural and Engineering Design (AlE), an unlimited amount of funds may be allocated to permitting and construction. The grant would fit into the project funding as presented in the following table: Budget Pre-Grant ALEA WWRP - WWRP - Existing Park Costs (May Trails Parks Funding, 2006 to Utility Rates, June 2007) and Other Grants and Loans AlE Design $2,000,000 $700,000 $250,000 $250,000 - $1,500,000 PermittinQ $500,000 $300,000 $100,000 $100,000 - $300,000 Boardwalk $6,300,000 - - $1,600,000 - $4,700,000 Construction Parks $700,000 - $150,000 $50,000 $300,000 $200,000 Construction Sewer $3,000,000 - - - - $3,000,000 Construction City Staff, $1,000,000 $100,000 - - - $1,000,000 Const. Mgt, Project Mgt, etc. Total $13,500,000 $1,100,000 $500,000 $2,000,000 $300,000 $10,700,000 RESOLUTION NO. 300 ( A RESOLUTION of the City Council of the City of Bremerton, Washington, authorizing application(s) for funding assistance for a Washington Wildlife and Recreation Program (WWRP) project to the Interagency Committee for Outdoor Recreation (lAC) as provided in Chapter 79A.15 RCW, for acquisition, development, or restoration of habitat conservation and outdoor recreation lands and facilities. Project Name(s) Bremerton Boardwalk WHEREAS, our agency/organization has approved a comprehensive plan that includes this project area; and WHEREAS, under the provisions of WWRP, s!ate funding assistance is requested to aid in financing the cost of land acquisition and/or facility development/restoration; and WHEREAS, our agency/organization considers it in the best public interest to complete the land acquisition and/or facility development/restoration project described in the application;; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The Mayor be authorized to make formal application to lAC for funding assistance. SECTION 2. Any fund assistance received be used for implementation of the project referenced above. SECTION 3. Our agency/organization hereby certifies that its share of project funding is committed and will be derived from ALEA grant, City Funds, and City (Force Account) Labor and Equipment [SPONSOR MATCHING RESOURCES]. SECTION 4. We acknowledge that we are responsible for supporting all non-cash commitments to the sponsor share should they not materialize. [if applicable] SECTION 5. We acknowledge that any property acquired or facility developed/restored with lAC financial aid must be placed in use as an outdoor recreation facility and be retained in such use in perpetuity unless otherwise provided and agreed to by our organization and lAC (generally, lAC approves removing facilities from the perpetuity requirement when the facilities have reached their designed life expectancy, or because of extraordinary vandalism, acts of nature, fire, etc.). 1 Authorizing Resolution Bremerton Boardwalk - TR SECTION 6. This resolution becomes part of a formal application to lAC. SECTION 7. We provided appropriate opportunity for public comment on this application. SECTION 8. Severabilitv. If anyone or more sections, subsections, or sentences ofthis 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 9. 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_ ,2006. CECIL McCONNELL, Council President APPROVED AS TO FORM: ATTEST: ROGER A. LUBOVICH, City Attorney P AULA JOHNSTON, City Clerk R:\Legal\Legal\Resolutions\Public Works\Authorizing Resolution-Bremerton Boardwalk- TR.doc 2 Authorizing Resolution Bremerton Boardwalk - TR DATE SUBMITTED: ftB:lfO'''' '3" AGENDA BaL CITY OF BREMERTON CITY COUNCIL 5e ............................................................................................ I'! tJ j ~ 0.9- SUBJECT: Resolution Authorizing the City to Make Formal Application for Funding Assistance for a Washington Wildlife and Recreation Program (Local Parks) Grant for the Blueberry Park Project. Committee Meeting Date: COUNCIL MEETING Date: Department: Presenter: Phone: June 14,2006 June 28, 2006 Parks & Recreation Tom Cressman 473-5309 SUMMARY: The Washington Wildlife and Recreation Program - Local Parks (WWRP-LP) grant program has been established by the State to provide funding for parks and recreation oriented projects with a primary focus on regional recreation opportunities. Funds from this program are proposed to partially fund construction of the Blueberry Park Project. To be eligible to receive the grant, a resolution in the format presented must be completed. The requested action before the City Council is approval of Resolution No. ..3 oz>;)- authorizing the City to make formal application for funding assistance from the Interagency Committee for Outdoor Recreation. ATTACHMENTS: Council Summary, Resolution No. "300::J.- FISCAL IMPACTS (Include Budgeted Amount): This WWRP-LP grant would provide $100,000 beginning in July 2007 to partially fund development and construction of the Blueberry Park Project. APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: I CONSENT AGENDA 0 I FISCAL/BUDGET: OPERATIONS: COUNCIL PRESIDENT: C RECOMMENDED MOTION: Move to approve Resolution No. 300;:t authorizing the City to make formal application for funding assistance from the Interagency Committee for Outdoor Recreation. COUNCIL ACTION: D Approve D Deny D Table D Continue D No Action COUNCIL SUMMARY WWRP- LOCAL PARKS GRANT APPLICATION AUTHORIZING RESOLUTION SUMMARY The Washington Wildlife and Recreation Program 0NWRP) grant was established in 1990 to provide money for the acquisition and development of local and state parks, water access sites, trails, critical wildlife habitat,' natural areas, and urban wildlife habitat. This program is managed by the Interagency Committee for Outdoor Recreation (lAC), which uses revenue from general obligation bonds to fund the program. The WWRP has several programs and accounts that fund various types of projects. The Local Parks category provides funding for parks and recreation oriented projects with a primary focus on regional recreation opportunities. Funds from WWRP are made available on a biennial basis - the current biennium is 2007 - 2009. Parks Department Staff submitted an application for $100,000 on May 1st - this grant submittal process allows for revisions and modifications to the application until July Srd. The grant requires an authorizing resolution in the format presented. The grant may be used for the development of Blueberry Park, to include walking trails, community gardens, landscaping, upgrades to existing facilities, and other related components of the plan. If successful, the grant funds would be available in July of 2007. Type of Fund: Required Match: Grant 100% match required (dollar for dollar.) Other State or Federal grants may be used as match; however, a minimum of 10% City or local contribution is also required and may be met by donations, in- kind or staff time contributions. Funds may be allocated to design & engineering (up to 20%), taxes, landscaping, construction of trails, landscaping, and project management, force labor, and equipment. The grant would fit into the project funding as presented in the following table: Use of Funds: Budget WWRP-LP LWCF Existing Park Funding, and Other Grants and Donations Design & $21,000 $10,000 $10,000 $1000 Engineering Taxes $10,000 $5000 $5000 $0 Landscapina $22,000 $10,000 $10,000 $2,000 Trails $168,520 $73,053 $73,053 $22,414 Construction Site Preparation $23,894 $1947 $1947 $20,000 City Staff, Const. $20,000 $0 $0 $20,000 Mgt, Project Mgt, etc. Total $235,414 $100,000 $100,000 $65,414 RESOLUTION NO. joo~ A RESOLUTION of the City Council of the City of Bremerton, Washington, authorizing application(s) for funding assistance for a Washington Wildlife and Recreation Program (WWRP) project to the Interagency Committee for Outdoor Recreation (lAC) as provided in Chapter 79A.15 RCW, for acquisition, development, or restoration of habitat conservation and outdoor recreation lands and facilities. Project Name(s) Bluebeny Park & Urban Gardens WHEREAS, our agency/organization has approved a comprehensive plan that includes this project area; and WHEREAS, under the provisions ofWWRP, state funding assistance is requested to aid in financing the cost ofland acquisition and/or facility development/restoration; and WHEREAS, our agency/organization considers jt in the best public interest to complete the land acquisition and/or facility development/restoration project described in the application; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, W ASlllNGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The to lAC for funding assistance. Mayor be authorized to make formal application SECTION 1. Any fund assistance received be used for implementation of the project referenced above. SECTION 3. Our agency/organization hereby certifies that its share of project funding is committed and will be derived from LWCF grant up to $100,000 Force Account labor & equipment, Donated Materials & Labor to $65,414. [SPONSOR MATCHING RESOURCES] SECTION 4. We acknowledge that we are responsible for supporting all non-cash commitments to the sponsor share should they not materialize. [if applicable} SECTION 5. We acknowledge that any property acquired or facility developed/restored with lAC financial aid must be placed in use as an outdoor recreation facility and be retained in such use in perpetuity unless otherwise provided and agreed to by our organization and lAC (generally, lAC approves removing facilities from the perpetuity requirement when the facilities have reached their designed life expectancy, or because of extraordinary vandalism, acts of nature, fire, etc.). SECTION 6. This resolution becomes part of a formal application to lAC. 1 WWRP Funding Assistance Blueberry Park and Urban Gardens SECTION 7. We provided appropriate opportunity for public comment on this application. SECTION 8. Severability. 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. SECTION 9. 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 , 2006. CECIL McCONNELL, Council President APPROVED AS TO FORM: ATTEST: ROGER A. LUBOVICH, City Attorney PAULA JOHNSTON, City Clerk R:\Lega1\Legal\ResolutiOlls\Parks\Authorizing Resolution- WWRP.doc 2 WWRP Funding Assistance Blueberry Park and Urban Gardens DATE SUBMITTED: /tSlfOb-/37 AGENDA BILL CITY OF BREMERTON CITY COUNCIL ,F ............................................................................................ ;1)0.3003 SUBJECT: Resolution Authorizing the City Committee Meeting Date: June 14, 2006 to Make Formal Application for Funding COUNCIL MEETING Date: June 28, 2006 Assistance for a Land and Water Department: Parks & Recreation Conservation Fund (L WCF) Grant for the Presenter: Tom Cressman Blueberry Park Project. Phone: 473-5309 SUMMARY: The Land and Water Conservation Fund (LWCF) Program was established by the United States Congress in 1965 with the passage of the L WCF Act. The Act authorizes the Secretary of the Interior to provide financial assistance to the states for the acquisition and/or development of public outdoor recreation areas and facilities found to be in accord with the Statewide Comprehensive Outdoor Recreation Plan (SCORP). Funds for the program are derived from leaseholders of federal offshore oil and gas resources, federal recreation fees, sales of federal surplus real property, and federal motorboat fuel taxes. The National Park Service (NPS), within the US Department of the Interior, manages this federal grant program. NPS is the federal agency that ultimately receives and approves aU project applications, agreements and amendments. The Interagency Committee for Outdoor Recreation (lAC) administers the L WCF Program in the state of Washington. Funds from this program are proposed to partially fund construction of the Blueberry Park Project. To be eligible to receive the grant, a resolution in the format presented must be completed. The requested action before the City Council is approval of Resolution No. 3003 authorizing the City to make formal application for funding assistance from the Interagency Committee for Outdoor Recreation. ATTACHMENTS: Council Summary, Resolution No. 30 z> 3 FISCAL IMPACTS (Include Budgeted Amount): This LWCF grant would provide $100,000 beginning in July 2007 to partially fund development and construction of the Blueberry Park Project. APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: """,.~" ..,. . /(l )~ . n~d .~~. >';d~~~~>/. .. G,,"" RECOMMENDED MOTION: Move to approve Resolution No.3 00'" authorizing the City to make formal application for funding assistance from the Interagency Committee for Outdoor Recreation. FISCAL/BUDGET: OPERATIONS: COUNCIL PRESIDENT: I CONSENT AGENDA D I COUNCIL ACTION: 0 Approve 0 Deny 0 Table o Continue 0 No Action COUNCIL SUMMARY LAND & WATER CONSERVATION FUND (LWCF) GRANT APPLICATION AUTHORIZING RESOLUTION SUMMARY The Land and Water Conservation Fund (LWCF) Program was established by the United States Congress in 1965 with the passage of the LWCF Act. The Act authorizes the Secretary of the Interior to provide financial assistance to the states for the acquisition and/or development of public outdoor recreation areas and facilities found to be in accord with the Statewide Comprehensive Outdoor Recreation Plan (SCORP). The State shares the benefits derived from the LWCF program among agencies providing public outdoor recreation opportunities. Funds for the program are derived from leaseholders of federal offshore oil and gas resources, federal recreation fees, sales of federal surplus real property, and federal motorboat fuel taxes. The National Park Service (NPS), within the US Department of the Interior, manages this federal grant program. NPS is the federal agency that ultimately receives and approves all project applications, agreements and amendments. The Interagency Committee for Outdoor Recreation (iAC) administers the LWCF Program in the state of Washington and Funds are made available on an annual basis - the current round is for 2007 - 2008. Parks Department Staff submitted an application for $100,000 on May 1s1 - this grant submittal process allows for revisions and modifications to the application until July 3rd. The grant requires an authorizing resolution in the format presented. The grant may be used for the development of Blueberry Park, to include walking trails, community gardens, landscaping, upgrades to existing facilities, and other related components of the plan. If successful, the grant funds would be available as early as November of 2006. Type of Fund: Required Match: Use of Funds: Grant 100% match required (dollar for dollar.) Other State or Federal grants may be used as match; however, a minimum of 10% City or local contribution is also required and may be met by donations, in- kind or staff time contributions. Funds may be allocated to design & engineering (up to 20%), taxes, landscaping, construction of trails, project management, force labor, and equipment. The grant would fit into the project funding as presented in the following table: Budget WWRP-LP LWCF Existing Park Funding, and Other Grants and Donations Desian & Enaineerina $21,000 $10,000 $10,000 $1000 Taxes $10,000 $5000 $5000 $0 Landscaping $22,000 $10,000 $10,000 $2,000 Trails Construction $168,520 $73,053 $73,053 $22,414 Site Preparation $23,894 $1947 $1947 $20,000 City Staff, Const. & $20,000 $0 $0 $20,000 Project Mgt, in-kind donations, labor, partner organizations, etc. Total $235,414 $100,000 $100,000 $65,414 RESOLUTION NO. 3003 A RESOLUTION of the City Council of the City of Bremerton, Washington, authorizing application(s) for federal funding assistance for a Land and Water Conservation Fund (L WCF) program project to the Interagency Committee for Outdoor Recreation (lAC) as provided in the LWCF Act of 1965, as amended. Project Name(s) Blueberry Park Development WHEREAS, our organization has approved a comprehensive plan that includes this project area; and WHEREAS, under the provisions ofL WCF, federal funding assistance is requested to aid in financing the cost of land acquisition and/or facility development; and WHEREAS, our organization considers it in the best public interest to complete the land acquisition and/or development project described in the application; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOL VB AS FOLLOWS: SECTION 1. The Mayor be authorized to make formal application to lAC for funding assistance. SECTION 2. Any fund assistance received be used for implementation of the project referenced above. SECTION 3. Our organization hereby certifies that its share of project funding is committed and will be derived from In-Kind contributions, Force Account Labor & Equipment, Donated Materials and Labor. [SPONSORMATCHINOREsoURCES] SECTION 4. We acknowledge that we are responsible for supporting all non-cash commitments to the sponsor share should they not materialize. [if applicable] SECTION 5. We acknowledge that any property acquired or facility developed with lAC financial aid must be placed in use as an outdoor recreation facility and be retained in such use in perpetuity unless otherwise provided and agreed to by our organization, lAC, and the National Park Service. SECTION 6. This resolution becomes part of a formal application to lAC. SECTION 7. We provided appropriate opportunity for public comment on this application. 1 L WCF Funding Assistance Blueberry Park Development SECTION 8. We acknowledge that LWCF grants are federal funds and, as such, our organization must comply with all applicable federal laws. SECTION 9. Severability. 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. SECTION 10. 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 , 2006. CECIL McCONNELL, Council President APPROVED AS TO FORM: ATTEST: .. ROGER A. LUBOVICH, City Attorney PAULA JOHNSTON, City Clerk R:\Legal\Legal\Resolutions\Parks\Authorizing Resolution-L WCF.doc 2 LWCF Funding Assistance Blueberry Park Development DATE SUBMITTED: 6-7-06 llILL AGENDA BILL CITY OF BREMERTON CITY COUNCIL /tB4fofo- /38 5{;, -r+eht f<Allecl ........................................................................................ SUBJECT: Ordinance No. 4'115 amending certain sections ofBMC Chapter 2.76 Procurement & Disposal Code and repealing certain ordinances relating to purchase and sale of goods, services and property Committee Meeting Date: 6-14-06 COUNCIL MEETING Date: 6-28-06 Department: City Attorney Presenter: Roger Lubovich Phone: 473-2345 SUMMARY: Staffis recommending that Chapter 2.76 - Procurement & Disposal Code of the Bremerton Municipal Code be amended to add another tier of contract approval by authoriz' g the Director of Financial Services to approve purchases of goods, lease or rental of supplies aterial and equipment between $25,000 and $50,000. Purchases over $50,000 would continue t e approved by City Council. This authority would not apply to changing the current Mayor/Dire r limit of $25,000 for purchases of services (i.e. professional or construction). Also, the propose rdinance repeals certain ordinances that related to the older version of Chapter 2.76 that was r laced upon the passage of Ordinance 4934 in March 2005. FISCAL IMPACTS (Include Budgeted Amount): No dire fiscal impact. Authorization will enhance accounting efficiencies and verification that pro rements are to code. I CONSENT AGENDA D I ATTACHMENTS: Proposed Ordinance and Policy No. 1-20-03 APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: FISCAL/BUDGET: OPERATIONS: COUNCIL PRESIDENT: RECOMMENDED MOTION: Move to pass Ordinance No..:1 '175 amending certain sections of Chapter 2.76 of the Bremerton Municipal Code relating to procurement of goods and services and further repealing certain ordinances relating to the purchase and sale of goods, services and property. COUNCIL ACTION: D Approve D Deny D Table D Continue 0 No Action ORDINANCE NO. ~ AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending certain sections of Chapter 2.76 of the Bremerton Municipal Code relating to procurement of goods and services, and further, repealing certain ordinances relating to the purchase and sale of goods, services and property. WHEREAS, the City Council desires to amend provisions of Chapter 2.76 of the Bremerton Municipal Code relating to procurement of goods and services and the contract approval authority for purchases and make other related amendments, and WHEREAS, the City Council, as a housekeeping measure, desires to repeal certain ordinances relating to the purchase and sale of goods, services and property; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 2.76.100 of the Bremerton Municipal Code entitled "Purpose" is hereby amended to read as follows: 2.76.010 PURPOSE It is the purpose of this policy chapter to provide guidelines for the purchase of goods and services by the City in order to maintain an efficient and accountable purchasing process. It is also the purpose of this policy chapter to allow for the flexible application of these guidelines for more efficient and cost-effective purchases where their strict application would not be in the City's best interest, such as, for example, in those instances where requests for bids or quotations would not be appropriate due to a sole source supplier or where negotiations with a particular supplier would be more appropriate due to a specialized need of the City. SECTION 2. Section 2.76.040 of the Bremerton Municipal Code entitled "Requests for Bids and Bid List" is hereby amended to read as follows: 2.76.040 REQUESTS FOR BIDS AND BID LISTS. Requests for bids required in this section shall be solicited for the purpose of establishing comparable and competitive bid pricing and the best price for the proposed purchase. Bids received in response to such requests for bids shall be documented and submitted, along with any other relevant material, to the approving authority as set forth in BMC 2.76.~100. Bids for purchases shall be obtained as follows: (a) Purchases ofTen Thousand Dollars ($10,000) or Less. Any contract for which the estimated cost to purchase goods or services is ten thousand dollars ($10,000) or less shall be entered into pursuant to such terms and conditions as may be authorized by the Director. Purchases under this subsection are not required to be entered into pursuant to solicitation or requests for bids and may be entered into through direct negotiations. 1 Procurement and Disposal 2006 Amendment (b) Purchases over Ten Thousand Dollars ($10,000) but Not Exceeding Twenty-Five Thousand Dollars ($25,000). If it appears that the estimated cost of a contract to purchase goods or services, other than professional and consulting services, will be over ten thousand dollars ($10,000) but not exceeding twenty-five thousand dollars ($25,000), the Director may contract as follows: (1) Telephone and/or Written Bids. Solicit, obtain and document telephone and/or written comparable bids for each purchase from at least three (3) sources. If less than three (3) vendors are available for bids after reasonable attempts, then such shall be documented and bids may be obtained from the available sources; (2) Bid Lists. For regularly made purchases, a list of comparable bids may be maintained and updated periodically and purchases made from that list without soliciting bids for each such purchase; (3) Written Request for Bids. Request in writing, and obtain from at least three (3) sources, written comparable bids for each purchase. Requests for bids should be in writing and contain appropriate specifications and terms of purchase as may be applicable. If less than three (3) vendors are available for bid after reasonable attempts, then such shall be documented and bids may be obtained from the available sources; or (4) Advertised Request for Bids. Publish notice calling for bids in a newspaper of general circulation most likely to bring responsive bids at least ten (10) days before entering into that contract. The notice shall generally state the nature of the contemplated purchase and the description or specifications thereof, and it shall require that the bids be filed with the City Clerk or other designated office of the City within the time specified therein. (c) Purchases over Twenty-Five Thousand Dollars ($25,000). Ifit appears that the estimated cost of a contract to purchase goods or services, other than professional and consulting services, will be over twenty-five thousand dollars ($25,000), the Director may contract for purchase as follows: (1) Written request for bids pursuant to subsection (b )(3) of this section; or (2) Advertised request for bids pursuant to subsection (b)(4) of this section. ( d) Award of Contract on Best Bid. Subject to the authorization requirements set forth in BMC 2.76.100, the Director may: (1) Award a contract for purchase to the best bid as defined in BMC 2. 76.030( a) in response to a solicitation or request for bid pursuant to this section; (2) Reject any and all bids; and/or (3) Enter into direct negotiations with a bidder to modify the product or service to be purchased or to obtain a more favorable price or terms for the City. If an award of a contract for goods and services is made to a supplier who is not the lowest bidder, then the reason for awarding the contract to another supplier shall be documented (delivery time, warranty, the bid did not meet the product or service requirements of the City, or specific product line preferred for uniform equipment fleet, etc.). ( e) Local Preference Purchase for Goods. When reviewing bids for purchase, all things being equal when considering factors such as product quality, delivery, warranty or service provided, there is a preference to purchase from a local supplier. A local supplier is a supplier having an office or facility located in Kitsap County and licensed to do and doing business in the county. (f) Contracts with Other Public Entities. In lieu of the requirements for requests for bids pursuant to this section, the City may, pursuant to an interlocal agreement with another 2 Procurement and Disposal 2006 Amendment public entity which has entered into a contract with a supplier pursuant to an advertised request for bid, contract with said supplier on similar terms for the purchase of materials, supplies or equipment. SECTION 3. Section 2.76.080 of the Bremerton Municipal Code entitled "Determining Cost of Contract" is hereby amended to read as follows: 2.76.080 DETERMINING COST OF CONTRACT. To determine the cost of a contract for the purpose of establishing the appropriate purchasing procedures under this chapter, when the contract has no definite term or unit amount such as a supply contract or blanket purchase order, the amount of each individual purchase shall determine the appropriate purchasing procedures. Contracts may not be split to avoid the bidding and authorization requirements set forth in this chapter. Bid splitting includes the inappropriate division of a purchase into separate units for purchase and/or over a period of time merely for the purpose of avoiding the reQuired approval processes. Bid splitting does not include the purchase of goods or services by different City departments or offices for unrelated proiects or purposes. SECTION 4. Section 2.76.080 of the Bremerton Municipal Code entitled "Determining Cost of Contract" is hereby amended to read as follows: 2.76.100 CONTRACT APPROVAL REQUIRED. (a) Mavor/Director Approval. Any contract which is twenty-five thousand dollars ($25,000) or less intended for the purchase, lease or rental of supplies, material, equipment or services must be approved by the Mayor or Director or his or her designee to become effective and binding upon the City. (b) Director of Financial Services Approval. Any contract which is over twenty-five thousand dollars ($25.000) but not exceeding fifty thousand dollars ($50.000.00) intended for the purchase. lease or rental of supplies. material. or eQuipment ( excluding services) must be approved by the Director of Financial Services. or designee. to become effective and binding upon the City. (9f) Council Approval. Any contract which is 1l.0ver twenty-five thousand dollars ($25,000) intended for the purchase, lease Elr reatal Elf S\:lflplies, material, eE):Qipment erof services (ie. professional. construction) or 2) is over fifty thousand dollars ($50.000.00) intended for the purchase. lease or rental of supplies. material. or eQuipment. must be approved by the City Council to become effective and binding upon the City. (eQ) Prior Council Consideration. When the Council has specifically considered and approved by formal action a particular program or matter in which the amount of the contract and the contracting parties have been identified, such as awards of bids, funding of certain programs, authorization to purchase or to negotiate for the purpose of a particular item or service, or other similar program or matter, such consideration and approval shall constitute Council authorization for the purpose of this section. SECTION 5. A new section, Section 2.76.160, of the Bremerton Municipal Code entitled "Policies and Procedures" relating to purchasing is hereby created to read as follows: 3 Procurement and Disposal 1006 Amendment 2.76.160 POLICIES AND PROCEDURES. The Mayor is authorized to establish and implement policies and procedures deemed appropriate for the administration of this Chapter. These policies and procedures shall be set forth in City policy No. 1-20-03. SECTION 6. Ordinances revealed. Ordinances No.'s 4492, 4562, 4610, 4682, 4702,4737 and 4868 relating to purchasing procedures and property disposal and Ordinance No. 4475 relating to real property purchases and disposal are hereby repealed in their entirety. SECTION 7. Severability. 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 8. 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 ,2006 CECIL McCONNELL, Council President Approved this day of ,2006 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 ,2006 , 2006 R: \Legal\Legal\Ordinances\Finance\Purchasing 2006 Amendment.doc 4 Procurement and Disposal 2006 Amendment , ." ., ;", , .'" CITY OF BREMERTON ,;..,PROCI1REMENt'....&..jDISPOSAL...()}?'.....'.,... .". .,,, -' ". - ,'- p' -. " ;." .......PERSONR..:PRDPERry........;;..:.....; '.,. . .,. INDEX EFFECTIVE DATE: 7/1 9/06 APPROVED REVIEW DATE: 1 -20-03 REVISED DATE: 7/1 9/06 Repeals & Replaces 4- 1 CARY BOZEMAN, Mayor Through 4-8, inclusive REFERENCE PURPOSE CONTRACT/ PURCHASE THRESHOLDS, AUTHORITY LEVELS & APPROVALS CONTRACT DEFINITIONS, DESCRIPTIONS & GUIDELINES RCW 39.80 BMC 2.76 To maintain an efficient and accountable purchasing process and to allow for flexible application of these guidelines in order to meet specialized needs of the City or facilitate sole source purchases. To establish thresholds and methods of disposing of personal property. Refer to attached Table 1-20-03 (A). This table breaks out the components of BMC Chapter 2.76 into dollar thresholds, essential levels of authority and approval methods. A. Contracts for Professional En2ineeriD!!. Survevin~. Architectural. and Landscape Architectural Services Professional services rendered by any person, other than an employee of the City, contracting specifically to perform engineering, surveying, architectural or landscape architectural services as defined in RCW 18.08, 18.43 and/or 18.96. To contract for these services, the City must follow the procedures outlined in RCW 39.80. B. Contracts for Professional Services Other Than En~ineerin2. Surveyin2. Architectural and/or Landscape Architectural Services For other professional services not specifically falling under the requirements ofRCW 39.80 as specified above, the City may negotiate an acceptable contract with any individual or firm deemed most qualified by the City to provide the required services. As a guideline, the following definition should be used in determining what constitutes a "professional service:" "Work rendered by an independent contractor who has a professed knowledge of some department of learning or science used by its practical application to the affairs of others or in the practice of an art founded on it, including but not limited to lawyers, doctors, dentists, veterinarians, architects, engineers, landscape architects, and accountants. A profession is a vocation founded upon prolonged and specialized H:\My Documents\Purchasing Policy-Procedure 6-5-06.doc Page 1 00 intellectual training which enables a particular service to be rendered. The word "professional" implies professed attainments in special know ledge as distinguished from mere skill. " C. Services Services are activities or projects requiring labor which are contracted for on a periodic and/or routine basis but do not qualify as "public works" (construction, alteration, repair or improvement to property) or "professional services" (engineering, architectural, consulting, computer programming, etc. requiring specific formal education or technical expertise). Services include but are not limited to such things as: ~ Building and grounds maintenance ~ Janitorial services ~ Snow and ice removal ~ Office equipment/computer maintenance ~ Copying services ~ Printinglbinding services ~ Courier services ~ Office/clerical services The City is generally not required to competitively bid services. However, the City will normally follow the "competitive negotiation" process as outlined in BMC Section 2.76.040 to ensure that the City obtains the most qualified contractor at the best possible price. As an alternative, the City may competitively bid contracts for services or, if it is determined to be in the City's and/or public's best interest, may negotiate directly with a qualified contractor for award of a contract for services. Refer to BMC Section 2.76.040 for acceptable methods of obtaining bids commensurate to the dollar amount of the contract. Service contracts over $25,000 must be approved by the City Council. All service Contracts shall be reviewed by the City Attorney's Office and must be executed on the City's standard contract forms unless otherwise approved in advance by the City Attorney's Office. D. Purchase Contracts for Materials/Equipment/SupDlies Purchase contracts for the purchase, lease or rental of materials, equipment or supplies should follow the dollar limits and bid procedures found in BMC Section 2.76.040 in order to establish comparable and competitive bid pricing and the best price for the proposed purchase. A supply contract for unspecified unit amounts can be executed in lieu of requesting bids for each purchase or maintaining bid lists. A supply contract must have a specified term and a maximum cumulative spending limit. Capital leases are not permitted. Prior to entering into any lease obligation, contact the City's Finance Officer (ext 5296) to determine if the lease is allowable. Purchase contracts for the purchase, lease or rental of materials, equipment or supplies over $25,000 but not exceeding $50,000 must be approved by the Financial Services Director. Purchase contracts for the purchase, lease or rental of materials, equipment or supplies over $50,000 must be approved by H:\My Documents\Purchasing Policy-Procedure 6-5-06.doc Page 2 of3 PERSONAL PROPERTY DISPOSAL the City Council. All purchase contracts shall be reviewed by the City Attorney's Office and must be executed on the City's standard contract forms unless otherwise approved in advance by the City Attorney's Office. E. State Contracts and Contracts with other Public Entities State Contracts are contracts awarded by the State of Washington through a competitive bidding process for materials, equipment, supplies or services which are available to public agencies, such as cities, throughout the State. These contracts allow the City to contract with the supplier or contractor directly under the terms of the particular State Contract for the required materials or services without the City having to go through the competitive bidding process again. In the same fashion, the City may enter into an interlocal agreement with another public entity whereby that agency has already entered into a contract with a supplier pursuant to an advertised request for bid; and, subsequently, the City can execute a contract with the same supplier on similar terms for the purchase of materials, supplies or equipment, thus, foregoing the competitive bidding process. Contracts obtained in the manners stated above still need to follow the approval process outlined in BMC Section 2.76.100. All vendor contracts executed off a state contract shall be reviewed by the City Attorney's Office and must be executed on the City's standard contract forms unless otherwise approved in advance by the City Attorney's Office. Refer to attached Table 1-20-03 (B). This table breaks out the components ofBMC Chapter 2.76 into dollar thresholds, essential levels of authority and approval methods. H:\My Documents\Purchasing Policy-Procedure 6-5-06.doc Page 3 of3 CONTRACT/PURCHASE THRESHOLDS, AUTHORITY LEVELS AND APPROVALS for BMC 2.76 TABLE 1-20-03 (A) Contract or Purchase Management Authority & Criteria for Selection Approvals Filing Procedures Ordinance I RCW 1. Purchase of Directors or Designees can approve contracts up to Director Departments can retain contract documents. Services, Materials or $25,000. City Clerk filing is not required. Equipment $10,000 or Direct Negotiations. less Exempt from solicitations. No Capital Leases allowed. (Contact City's Finance BMC2.76.040(a) Officer (ext 5296) prior to entering into any lease agrmt) 2. Purchase of Director or Designees can contract up to $25,000 as Director Contracts of $1 0,000 or more must be in Services, Materials or follows: writing and filed with City Clerk. Equipment over A) Document Telephone or Written Comparable Bids $10,000 but not from at least three (3) sources, or; exceeding $25,000 B) Use Comparable Bid Lists that have been maintained and updated periodically, or; BMC2.76.040(b) & (d) C) Request in Writing from at least three (3) sources written comparable bids. Request must include specifications and terms of purchase, or; D) Advertise Request for Bids in newspaper of general circulation most likely to reach responsive bidders ten (10) days before entering into contract. Must include specifications and terms of purchase. Bids to be filed with City Clerk or designated office within a specified time. E) Director can A ward Contract on Best Bid based upon response to solicitation, or; reject all bids, or; enter in direct negotiations with identified best bidder. No Capital Leases allowed. (Contact City's Finance Officer (ext 5296) prior to entering into any lease agrmt) 6/612006 Page 1 of5 Contract or Purchase Ordinance / RCW 3. Purchase of Services over $25,000 BMC2.76.040(c) &(d) BMC 2.76. 1 OO(c) 4. Purchase, Lease or Rental of Materials, Equipment or Supply Contracts over $25,000 but not exceeding $50,000 BMC2.76.040(c) &(d) BMC 2.76.100(b) 5. Purchase, Lease or Rental of Materials, Equipment or Supply Contracts over $50,000 BMC2.76.040(c) & (d) BMC 2.76.100(c) 6/6/2006 Page 2 of 5 CONTRACT/PURCHASE THRESHOLDS, AUTHORITY LEVELS AND APPROVALS for BMC 2.76 TABLE 1-20-03 (A) Management Authority & Criteria for Selection Director or Designees can prepare contract over $25,000 (subject to Council approval) as follows: 1) Written Request for Bids pursuant to 2.(C) above, or; 2) Advertise Request for Bids pursuant to 2.(D) above. Award Contract on Best Bid (subject to Council Approval) based upon response to solicitation, or; reject all bids, or; enter in direct negotiations with identified best bidder. Director or Designees can prepare contract over $25,000 as follows: l)Written Request for Bids pursuant to 2.(C) above, or; 2)Advertise Request for Bids pursuant to 2.(D) above. 3)Award Contract on Best Bid based upon response to solicitation, or; reject all bids, or; enter in direct negotiations with identified best bidder. Director or Designees can prepare contract over $25,000 as follows: l)Written Request for Bids pursuant to 2.(C) above, or; 2)Advertise Request for Bids pursuant to 2.(D) above. Award Contract on Best Bid (subject to Council Approval) based upon response to solicitation, or; reject all bids, or; enter in direct negotiations with identified best bidder. Approvals City Council Financial Services Director City Council Filing Procedures Schedule & prepare agenda bill for Council approval Contracts must be in writing and filed with City Clerk Schedule & prepare agenda bill for Council approval CONTRACT/PURCHASE THRESHOLDS, AUTHORITY LEVELS AND APPROVALS for BMC 2.76 TABLE 1-20-03 (A) Contract or Purchase Management Authority & Criteria for Selection Approvals Filing Procedures Ordinance / RCW 6. Professional or Directors or Designees can approve contracts up to Director Departments can retain contract documents. Technical Services/ $25,000. City Clerk filing is not required. Consultants Contracts Direct Negotiations. $10,000 or less Exempt from solicitations. Must be a firm recognized for experience within a BMC 2.76.060 specialized area of expertise. BMC2.76.l00(a) RCW 39.80 may apply (see No.9) 7. Professional or Directors or Designees can approve contracts up to Director Contracts of $1 0,000 or more must be in Technical Services/ $25,000. writing and filed with City Clerk. Consultants Contracts Direct Negotiations. up to $25,000 Exempt from solicitations. Must be a firm recognized for experience within a BMC 2.76.060 specialized area of expertise. BMC2.76.100(a) RCW 39.80 may apply (see No.9) 8. Professional or Direct Negotiations. City Council Schedule & prepare agenda bill for Council Technical Services/ Exempt from solicitations. approval Consultants Contracts Must be a firm recognized for experience within a over $25,000 specialized area of expertise. BMC 2.76.060 BMC2.76.l00(c) RCW 39.80 may apply (see No.9) 6/612006 Page 3 of 5 CONTRACT/PURCHASE THRESHOLDS, AUTHORITY LEVELS AND APPROVALS for BMC 2.76 TABLE 1-20-03 (A) Contract or Purchase Management Authority & Criteria for Selection Approvals Filing Procedures Ordinance I RCW 9. Professional Same as 6 - 8 above except that statute requires: (1) City Council $10,000 to $25,000 file with City Clerk. Services advance publication of City requirements for services;(2) Required over Over $25,000 same as 8. above. Engineers, Surveyors, potential contractors must submit qualifications; $25,000 Architects & (3)selection by City of most qualified without Landscape Architects consideration of cost/price (4)negotiation of contract (as defined in RCW with most qualified contractor 18.08, 1843, 18.96) BMC2.76.020(b) BMC 2.76.100 BMC 2.76.110 RCW 39.80 10. Change Orders for Mayor can approve up to 30% of original contract Mayor Filed with the City Clerk Contracts less than amount not to exceed change order limit of $30,000 $100,000 (min 0 - max $30,000) City Council for Must be within scope of the project all Change Orders BMC 2.76.110 Consistent with initial bid process, if any exceeding Executed in writing approved limits Value of all change orders must be aggregated 11. Change Orders for Mayor can approve up to 20% of original contract Mayor Filed with the City Clerk Contracts from amount not to exceed change order limit of $100,000, $100,000 to $500,000 but with a minimum of $30,000 (min $30,000 - max City Council for $100,000) all Change Orders Must be within scope of the project exceeding BMC2.76.110 Consistent with initial bid process, if any approved limits Executed in writing Value of all change orders must be aggregated 6/6/2006 Page 4 of5 CONTRACT/PURCHASE THRESHOLDS, AUTHORITY LEVELS AND APPROVALS for BMC 2.76 TABLE 1-20-03 (A) Contract or Purchase Management Authority & Criteria for Selection Approvals Filing Procedures Ordinance / RCW 12. Change Orders for Mayor can approve up to 10% of original contract Mayor Filed with the City Clerk Contracts greater than amount not to exceed $200,000 change order limit, but $500,000 with a minimum of$100,000 (min $100,000 - max City Council for $200,000) all Change Orders Must be within scope of the project exceeding BMC 2.76.110 Consistent with initial bid process, if any approved limits Executed in writing Value of all change orders must be aggregated 6/6/2006 Page 5 of5 PERSONAL PROPETY DISPOSAL THRESHOLDS, AUTHORITY LEVELS AND APPROVALS for BMC 2.76 TABLE 1-20-03 (B) Personal Property Management Authority & Criteria for Selection Approvals Filing Procedures Disposal Ordinance I RCW 1. Surplus Personal Directors or Designees must certifY personal property for Director Departments can retain disposition Property of $25,000 or disposition documents. City Clerk filing is not less Methods of disposition are: required. Public auction BMC 2.76.150 Solicitation of bids RCW's cited in BMC Negotiated sale for approximate fair market value 2.76.150(d) Transfer to government agency pursuant to BMC 2.76.150(d) 2. Surplus Personal Directors or Designees must prepare personal property City Council Schedule and prepare agenda bill for Property over $25,000 disposition using one of the Methods listed above for Council approval Council action. Council may: BMC 2.76.150 Approve the disposition RCW's cited in BMC Approve the disposition with conditions 2.76.150(d) Disapprove of disposition and give Director further direction 6/512006 Page 1 of 1 ORDINANCE NO. 4934 AN ORDINANCE .of the City Council of the City of Bremerton, Washington, repealing and replacing. Chapter 2.76 of the Bremerton Municipal Code entitled "Purchasing Procedures" and Chapter 2.79 entitled "Personal Property Disposal" with a new Chapter 2.76 entitled "Procurement and Disposal Code" relating to updated procedures for the purchase of materials, supplies, equipment or services or the lease or rental of equipment and for the disposal of property. WHEREAS, the current provisions of Chapter 2.76 of the Bremerton Municipal Code relating to purchasing procedures often results in inefficient purchasing of goods and services such as delays in purchasing and the inability to take advantage of discounted products and unique purchases; and WHEREAS, the City Council desires to update the<provisions of Chapter 2.76 of the Bremerton Municipal Code by repealing said chapter in its entirety and replacing it with a new chapter providing for updated purchasing procedures for more efficient purchasing practices while at the same time providing for accountability for said purchases; and WHEREAS, the City Council also desire to update the provisions of Chapter 2.79 of the Bremerton Municipal Code relating to the disposal of property and consolidate these provisions with the updated purchasing provisions; NOW THEREFORE, THE CITY COUNClL OF THE CITY OF BREMERTON, W ASHlNGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 2.76 of the Bremerton Municipal Code entitled "Purchasing Procedures" is hereby repealed in its entirety. SECTION 2. Chapter 2.79 of the Bremerton Municipal Code entitled "Personal Property Disposal" is hereby repealed in its entirety. SECTION 3. There is hereby created a new Chapter 2.76 of the Bremerton Municipal Code entitled" Procurement and Disposal Code" to read as follows: CHAPTER 2.76 PROCUREMENT AND DISPOSAL CODE 2.76.010 PURPOSE. It is the purpose of this policy to provide guidelines for the purchase of goods and services by the City in order to maintain an efficient and accountable purchasing process. It is also the purpose of this policy to allow for the flexible application of 1 Procurement and Disposal Code these guidelines for more efficient and cost effective purehases where their strict application would not be in the City's best interest, such as, for example, in those instances where requests for bids or quotations would not be appropriate due to a sole source supplier or where negotiations with a particular supplier would be more appropriate due to a specialized need of the City. 2.76.020 APPLICABILITY. Any contract, written or oral, for the purchase of materials, supplies, equipment or services or the lease or rental of equipment shall be subject to the provisions of this chapter; provided that, except for the requirements set forth in Sections 2.76.100 and 2.76.110 below relating to authorization by the mayor and city council, the limitations contained in this policy do not apply to: (a) Public works or improvement contracts which shall be entered into pursuant to RCW 35.22.620 as currently enacted and as hereinafter amended. (b) Contracts for architectural and engineering services governed pursuant to Chapter 39.80 RCW as currently en~ted and as hereinafter amended. (c) Purchases of materials at auctions conducted by the United States government or any agency thereof, or by the State of Washington and any of its political subdivisions. 2.76.030 DEFINITIONS. For the purposes of this chapter, the following defmitions will apply: (a) "Best bid" shall mean a bid that is the best value to and in the best interests of the city when considering items such as price, available discounts, the product or service purchased including any alterations or modifications thereto, shipping, time of delivery, warranty and other terms of purchase, and any other factors relevant to the purchase. Best bid does not necessarily mean lowest price. (b) "Bid" shall mean an offer or quotation to provide goods and/or services at a specified price. (c) "Contract" or "Contract for purchase" shall mean a purchase from a wholesaler, retailer or dealer, or other similar transaction for the purchase of goods and services. (d) "Director" shall mean director of the department for which the contract for purchase is made, authorized purchasing agent, or his or her designee. (e) "Director of Financial Services" shall mean director of the Department of Financial Services, or his or her designee. (f) "Emergency" shall mean any situation where public health, safety and welfare are endangered. (g) "Purchase of goods and services" shall mean a contract to supply materials, supplies, equipment, the lease or rental of equipment, and/or the performance of work or labor. (h) "Written bid" or "Written request for bid" shall include e-mail and facsimile transmittals. 2.76.040 REQUESTS FOR BIDS AND BID LISTS. Requests for bids required in this section shall be solicited for the purpose of establishing comparable and competitive bid pricing and the best price for the proposed purchase. Bids received in response to such requests for bids shall be documented and subroltted, along with any other relevant material, to the approving authority as set forth in Section 2.76.060. Bids for purchases shall be obtained as follows: 2 Procurement and Disposal Code (a) Purchases of$lO.OOO or less. Any contract, for which the estimated cost to purchase goods or services, is ten thousand dollars ($10,000.00) or less shall be entered into pursuant to such terms and conditions as may be authorized by the Director. Purchases under this subsection are not required to be entered into pursuant to solicitation or requests for bids and may be entered into through direct negotiations. (b) Purchases over $10.000 but not exceeding $25.000. If it appears that the estimated cost of a contract to purchase goods or services, other than professional and consulting services, will be over ten thousand dollars ($10,000.00) but not exceeding twenty-five thousand dollars ($25,000.00), the Director may contract as follows: (1) Telephone and/or written bids. Solicit, obtain and document telephone and/or written comparable bids for each purchase from at least three (3) sources. If less than three (3) vendors are available for bids after reasonable attempts, then such shall be documented and bids may be obtained from the available sources, (2) Bid lists. For regularly-made purchases, a list of comparable bids may be maintained and updated periodically and purchases made from that list without soliciting bids for each such purchase, (3) Written request for bids. Request in writing and obtain from at least three (3) sources, written comparable bids for each purchase. Requests for bid should be in writing and contain appropriate specifications and terms of purchase as may be applicable. If less than three (3) vendors are available for bid after reasonable attempts, then such shall be documented and bids may be obtained from the available sources, (or) (4) Advertised request for bids. Publish notice calling for bids in a newspaper of general circulation most likely to bring responsive bids at least ten (10) days before entering into that contract. The notice shall generally state the nature of the contemplated purchase and the description or specifications thereof, and it shall require that the bids be filed with the city clerk or other designated office of the city within the time specified therein. (c) Purchases over $25.000. If it appears that the estimated cost of a contract to purchase goods or services, other than professional and consulting services, will be over twenty- five thousand dollars ($25,000.00), the Director may contract for purchase as follows: (1) Written request for bids pursuant to subsection (b)(3) above, (or) (2) Advertised request for bids pursuant to subsection (b)( 4) above. ( d) Award of contract on best bid. Subject to the authorization requirements set forth in Section 2.76.100, the Director may: (1 ) Award a contract for purchase to the best bid as defined in Section 2.76.030(a) in response to a solicitation or request for bid pursuant to this section, (2) Reject any and all bids, and/or (3) Enter into direct negotiations with a bidder to modify the product or service to be purchased or to obtain a more favorable price or terms for the City. If an award of a contract for goods and services is made to a supplier who is not the lowest bidder, then the reason for awarding the contract to another supplier shall betdocumented (delivery time, warranty, the bid did not meet the product or service requirements of the City, or specific product line preferred for uniform equipment fleet etc.). ( e) Local preference purchase for goods. When reviewing bids for purchase, all things being equal when considering factors such as product quality, delivery, wa.rranty or service provided, there is a preference to purchase from a local supplier. A local supplier is a 3 Procurement and Disposal Code supplier having an office or facility located in Kitsap County and be licensed to and doing business in the county. (f) Contracts with other public entities. In lieu of the requirements for requests for bids pursuant to this section, the City may, pursuant to an interlocal agreement with another public entity which has entered into a contract with a supplier pursuant to an advertised request for bid, contract with said supplier on similar terms for the purchase of materials, supplies or equipment. 2.76.050 REQUESTS FOR PROPOSALS. In lieu of the requirements for requests for bids pursuant to Section 2.76.040, requests for proposals may be utilized when deemed appropriate under such terms and conditions determined suitable to meet the needs and requirements of the particular purchase. 2.76.060 PROFESSIONAL AND CONSULTANT CONTRACTS. This section shall apply to professional and/or technical service consultant contracts in which the city enters into an agreement to purchase consultant services for city government from a corporation, firm, agency, individual, or group of individuals based on their recognized experience and knowledge within a specialized area of expertise. Contracts for professional and consultant services are not required to follow the purchasing requirements set forth in Section 2.76.040, but may be entered into through direct negotiations. 2.76.070 SUPPLY CONTRACTS AND BLANKET PURCHASE ORDERS. In lieu of requesting bids for each purchase or maintaining bid lists, the city may solicit bids or proposals for a supply contract for a specific term or issue a blanket purchase order for the supply of goods, materials, supplies, equipment or services on an as needed basis in those instances where the specific service or product in a product line or volume of units is undetermined such as the city's needs and use of office supplies. 2.76.080 DETERMINING COST OF CONTRACT. To determine the cost of a contract for the purpose of establishing the appropriate purchasing procedures Wlder this chapter, when the contract has no definite term or unit amount such as a supply contract or blanket purchase order, the amount of each individual purchase shall determine the appropriate purchasing procedures. Contracts may not be split to avoid the bidding and authorization requirements set forth in this chapter. 2.76.090 SOLE SOURCE PURCHASES. The requirements set forth in Section 2.76.040 for requests for bids may be waived by a written determination by the Director that either the materials, supplies, equipment or services are clearly and legitimately limited to a single source of supply, or that the materials, supplies, equipment or services are subject to special market conditions, involve special facilities or services, or that a bid would otherwise not be practicable or in the city's best interests under the circumstances, in which instances the purchase price may be best established by direct negotiation. The written determination shall also recite why this situation exists. 4 Procurement and Disposal Code 2.76.100 CONTRACT APPROVAL REQUIRED. (a) Mavor/Director aporoval. Any contract which is twenty-five thousand dollars ($25,000.00) or less intended for the purchase, lease or rental of supplies, material, equipment or services must be approved by the mayor or director or his or her designee to become effective and binding upon the city. (b) Council approval. Any contract which is over twenty-five thousand dollars ($25,000.00) intended for the purchase, lease or rental of supplies, material equipment or services must be approved by the City Council to become effective and binding upon the city. ( c) Prior Council Consideration. When the council has specifically considered and approved by formal action a particular program or matter in which the amount of the contract and the contracting parties have been identified, such as awards of bids, funding of certain programs, authorization to purchase or to negotiate for the purpose of a particular item or service, or other similar program or matter, such consideration and approval shall constitute council authorization for the purpose of this section. 2.76.110 AMENDMENTS AND CHANGE ORDERS - APPROVAL. (a) Amendments or change orders to contracts requiring City Council approval under this chapter may be administratively approved by the Mayor if the changes are: (1) Within the scope of the project; (2) Consistent with an initial bid process, if any; (3) Executed in writing; and (4) An increase of the contract award amount (CAA) as follows: Contract Award Amount Percentage Increase in Limits CAA (the greater of) Less than $100,000 Greater than $500~000 10% or minimum Min $0 Max $30,000 Min $30,000 Max $100,000 Min $100,000 Max $200,000 30% or minimum $100,000 to $500,000 20% or minimum (b) The value of all change orders will be aggregated. When any single change order, or combined change orders on the same project or single purchase exceeds the value limit, the change must be approved by City Council, except in the following instances: (1) On service contracts used to accomplish an ongoing City program as opposed to completing a short term project or purchase, change order rules, including the aggregate rule, shall be applied on an annual basis. (2) Where the size of the contract and the exhausting of change order authority make further change order authorization impractical, the City Council may, upon recommendation of the Mayor, extend the aggregate limits of subsection (a)(4) for specific contracts. (c) A work change directive may be used to: 5 Procurement and Disposal Code (1) Authorize and direct work that will result in an increase in contract price within the administrative authority of the Mayor as provided in subsection (a) for specific contracts. Work change directives that affect the contract price shall be incorporated into a change order. (2) Authorize and direct work that will result in an increase in contract price in excess of the administrative authority of the Mayor as provided in subsection (a); i) where unforeseen conditions necessitate an immediate change to avoid a contractor's claim against the City for delays, or ii) due to an emergency as defined in 2.76.030(f) above. In such circumstances, the work change directive shall be incorporated into a change order and presented to the City Council at its next regularly scheduled public meeting, subject to scheduling. 2.76.120 EXCEPTION FOR RECYCLED PRODUCTS. Nothing in the chapter shall prohibit the city from preferentially purchasing products made from recycled materials or products that may be recycled or reused. 2.76.130 EMERGENCIES. When any emergency requires the immediate execution of any contract to purchase, lease or rent as described in this chapter, upon the finding of the existence of such an emergency, the mayor shall have the power to make and enter into such contract without strict compliance with the purchasing requirements set forth in this chapter. The designated department director shall issue a written basis for the emergency determination accompanied by a description and/or specification and cost estimate of the contract at the time of or as soon as practicable after the commencement of the purchase. 2.76.140 CREDITIPURCHASE CARD USE. (a) The Director of Financial Services shall implement and maintain the following system for the distribution, authorization and control of credit/purchase cards issued to or for the benefit of the City and used by City officials and employees. (1) Distribution. Credit cards may be distributed to those City officials and employees who, in the opinion of the Director of Financial Services, have job responsibilities that would benefit or otherwise be facilitated by use of credit/purchase cards. (2) Authorization and Control. The Director of Financial Services shall develop specific administrative guidelines and accounting controls to ensure the proper usage of credit/purchase cards and related funds. Credit/purchase cards are to be used when it is in the best interest of City administrative affairs. (3) Application. The individual holder, upon prior approval of the Director of Financial Services, shall use each credit/purchase card in a responsible manner. (4) Credit Limits. The Director of Financial Services shall set credit/purchase limits on each card issued subject to final approval by the Mayor. Individual purchases shall not exceed five thousand dollars ($5,000.00) and in no event shall the credit/purchase card limit exceed ten thousand dollars ($10,000.00) for any individual credit/purchase card account without pre-approval of the Director of Financial Services. (5) Credit Card Restriction. The following will be cop.sidered an unauthor17ed transaction, purchase or use of any City credit/purchase card: (i) Cash advances; 6 Procurement and Disposal Code (ii) Payment of invoices or statements; (Hi) Purchases where an open charge account would be utilized; (iv) Personal purchases of any kind; and/or (v) Obtaining cash refunds for goods purchased with a City credit/purchase card. (6) Disallowed Charges. Disallowed charges or charges not properly identified will be paid by the employee before the charge card/purchase billing is due. Failure to do so will render the employee personally liable where the City shall have a prior lien against and a right to withhold any and all funds payable or to become payable to the employee up to the unpaid amount, plus interest and/or fees at the rate charged by the bank: that issued the card. Employee shall not use the credit/purchase card if any disallowed charges are outstanding. The act of obtaining a City credit/purchase card does not indicate pre-approval of expenditures. (7) Return of Credit/Purchase Card. The employee shall return all City credit/purchase cards at the request of the Director of Financial Services, or upon separation of employment. Final paycheck will be held until all outstanding City property has been returned. (b) The Mayor and/or Director of Financial Services are authorized to implement any additional policies or administrative procedures necessary to implement the provisions of this section. 2.76.150 PERSONAL PROPERTY DISPOSAL. (a) Surplus personal property oftwentv-five thousand dollars ($25.000.00) or less in value. Approval. of the City Council is not required for the sale or disposition of any City-owned surplus personal property with an estimated value of twenty-five thousand dollars ($25,000.00) or less. When such personal property has been certified for disposition by a Director, sale or disposition shall be made by the Director in accordance with methods described in subsection (c) below. Items having a nominal value may be disposed ofin any reasonable and prudent manner or the Mayor may donate the item to a specific bona fide charitable organization which is tax exempt pursuant to Internal Revenue Code Sec. 501(c)(3). (b) Surplus personal property over twenty-five thousand dollars ($25.000.00) in value. Disposition of surplus personal property with an estimated value over twenty-five thousand dollars ($25,000.00) must be approved by the City Council. The City Council may: (1) Approve the disposition; (2) Approve the disposition with conditions; or (3) Disapprove the proposed disposition, whereupon it shall give the Director directions for further action. (c) Methods of disposition. Pennissible methods of disposition of surplus personal property include, but are not limited to: (1) Public auction; (2) Solicitation of bids; (3) Negotiated sale for approximate fair market value; or (4) Transfer to another agency of government pursuant to subsection (d)( 4) below. (d) StatutOry conditions/exceptions. Certain provisions of the Revised Code of Washington impose special conditions or procedures for the disposition of municipal personal property. When required, the Director shall comply with those laws. and when authorized the Director may utilize said laws treating them as limited exceptions to the extent inconsistent with 7 Procurement and Disposal Code ~ the requirements of this chapter. These laws include, but are not limited to, the following as currently enacted and hereinafter amended: (1) RCW 35.94 . Sale or Lease of Municipal Utilities; (2) RCW 63.32. Unclaimed Property in Hands of City Police; (3) RCW 35.21.088 - Equipment rental fund; (4) RCW 39.33. Intergovernmental Disposition of Property; (5) RCW 39.34 - Interlocal CooperationAct; (6) RCW 63.21 . Lost and Found Property; and (7) RCW 35.21.730 through 755 - Transfers to public corporations; and (8) RCW 46.55230 and 240 - Disposition of junk vehicles. SECTION 4. Severability. 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 5. 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 16th day of March, 2005 Approved this oJ. ~ Ad day of ~,i~.J 1. AP AS TO FORM: P TON, ity Clerk PUBLISHED thCc2~ day of ~ EFFECTIVE the dl Mf. day of'7CtIA~ ORDINANCE NO. J/til:J4 R:\LEGAL\Ordinances\Finance\Procurement and Disposal Code. doc , 2005 , 2005 . 8 Procurement and Disposal Code DATE SUBMITTED: June 21, 2006 BILL # /lJiJ31 AGENDA BILL CITY OF BREMERTON CITY COUNCIL su ........................................................................................ SUBJECT: Real Estate Purchase and Sale Agreement with Bremerton Housing Authority Committee Meeting Date: COUNCIL MEETING Date: Department: Presenter: Phone: f..o -1'1- OCt:, June 28, 2006 City Attorney's Office Roger A. Lubovich 473-2345 SUMMARY: Bremerton Housing Authority owns property located at 8th Street and Park Avenue. Staff is proposing purchasing the property in the amount of$325,000 for the new municipal court facility. It is also requested that due to the change in scope of the original project a transfer of $500,000 to the Public Safety Project Fund from the General Fund be authorized to partially offset additional project costs. ATTACHMENTS: Proposed Real Estate Pruchase and Sale Agreement FISCAL IMPACTS (Include Budgeted Amount): Increase transfers out of the General Fund to the Public Safety Projects fund in the amount of $500,000 with a corresponding increase to the Project Fund capital expenditures for the Municipal Court Project. APPROV ALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: ..~ .--...., FISCAL/BUDGET: OPERATIONS: COUNCIL PRESIDENT: %ij~~~ONSENT AGENDA ~ RECOMMENDED MOTION: Move to approve the purchase of property from the Bremerton Housing Authority and authorize the Mayor to finalize and execute the real estate purchase and sale agreement with substantially the same terms and conditions as presented and to finalize and execute any and all documents necessary to close the transaction, and further To approve a budget adjustment to increase expenditures in the General Fund and revenues and expenditures in the Public Safety fund by $500,000 to facilitate transfer and approve expenditure of additional project costs. COUNCIL ACTION: D Approve D Deny D Table D Continue 0 No Action REAL ESTATE PURCHASE AND SALE AGREEMENT WITH EARNEST MONEY PROVISION (Municipal Court - 8th & Park) This Agreement is entered between the CITY OF BREMERTON, a Washington municipal corporation ("Buyer"), and the BREMERTON HOUSING AUTHORITY, a Washington municipal corporation ("Seller"), for the sale and purchase of real property as follows: 1. PROPERTY. The property, which Buyer agrees to buy and Seller agrees to sell, is commonly known to be located at 807 8th Street, Bremerton, Washington (the "Property"), and which Property is legally described in Exhibit A, attached hereto and incorporated herein by this reference. A map indicating the location ofthe Property is also attached as Exhibit B, incorporated herein by this reference. Buyer agrees to buy the property and assume title to the same with the structures situated thereon. 2. EARNEST MONEY. Received from Buyer, Five Thousand and No/lOO Dollars ($5,000.00) in the form of a City ofBremerton Purchase Order, a,s earnest money and part payment on the purchase price for the Property. 3. PURCHASE PRICE. The total purchase price for the Property is Three Hundred Forty-Five Thousand and Noll 00 Dollars ($325,000.00), including earnest money, payable on closing. 4. CONTINGENCIES. This agreement is contingent upon: ( a) Acceptance of its terms by the Bremerton City Council. (b) Buyers review and approval of the title report on the property prior to Closing. (c) A Feasibility Study as follows: (1) Buyer shall have four (4) months from the date of mutual acceptance of this Agreement to determine, in Buyer's sole and absolute discretion, if the Real Property is feasible for investment and/or development by Buyer. (2) Buyer's feasibility study may include (but is not limited to) a Phase I and/or Phase IT environmental assessment, utilities availability and capacity, access availability, zoning, preliminary architectural and engineering studies, marketing feasibility. (3) A Phase I environmental assessment generally will consist of a review of title of ownership and land use, review of geologic and hydrologic maps ofthe area, review offederal and state databases for known hazardous water generators or contaminated sites and a site visit. If the Phase I review reveals the potential of a contaminated REAL ESTATE PURCHASE AND SALE AGREEMENT Page I of5 site, a Phase II environmental assessment may be conducted which generally will consist of on-site sampling, including the digging or boring of test holes for soil samples. By executing this agreement, Seller hereby authorizes Buyer a right of entry on to the property for the purpose of conducting this feasibility study including a Phase L and if necessary, a Phase II environmental assessment. Seller will be notified if a Phase II environmental assessment is to be conducted. (4) Buyer agrees to conduct its feasibility study at its sole cost and expense; and if Buyer does not remove the feasibility contingency on or before the expiration of the feasibility period, then Buyer also agrees, if requested by Seller, to deliver to Seller copies of all information and documentation obtained by Buyer in connection with its feasibility study. (5) If Buyer fails to notify Seller of its approval of the Real Property, in writing, on or before the expiration of the feasibility period, then this Agreement shall be terminated, and neither Buyer nor Seller shall have any further rights, duties or obligations hereunder, except that the Earnest Money held in Accountable Escrow, by Buyer to Seller shall be immediately returned to Buyer. Buyer agrees to return the Real Property to its original state (i.e., fill all boring holes, etc.). Should any of these contingencies not be met prior to closing, then this Agreement shall terminate except neither Buyer nor Seller shall have any further rights, duties or obligations hereunder, except that the Earnest Money held in escrow shall be immediately returned to Buyer. 5. CONVEYANCE AND CONDITION OF TITLE. The title to the real property shall be conveyed by Seller to Buyer at closing by Statutory Warranty Deed, free and clear of all liens, encumbrances or defects except those described in Paragraph 6 below. 6. TITLE INSURANCE. At Closing, Seller shall cause Transnation Title Insurance Company, whose address and telephone number is 9619 Levin Road NW Silverdale, Washington 98383, (360 692-4556), to issue a standard form owner's policy oftitle insurance to Buyer in an amount equal to the total purchase price of the Property. The cost of this policy shall be paid from Seller's funds at Closing. For purposes of this Agreement, the following shall not be deemed encumbrances or defects: rights reserved and federal patents or state deeds; building or use restrictions consistent with current zoning, and utility and road easements of record. If title cannot be made so insurable prior to the Closing date called for herein, unless, Buyer elects to waive such defects or encumbrances, this agreement shall terminate. 7. CLOSING COSTS AND PRO-RATIONS. The cost of escrow shall be shared equally between Buyer and Seller, except those fees which are expressly limited by Federal Regulation. Seller shall pay for excise tax and revenue stamps. Taxes for the current year, water, sewer and other utility charges, if any, shall be pro-rated as of date of closing unless otherwise agreed. REAL ESTATE PURCHASE AND SALE AGREEMENT Page 2 of5 8. CLOSING OF THE SALE. With the understanding that time is of the essence for this agreement, this sale shall be closed within thirty (30) days of acceptance or waiver of the contingencies set forth in Section 4, which shall also be the termination date ofthis agreement unless said closing date is extended in writing by mutual agreement of the parties. When notified, the Buyer and Seller will deposit, without delay, in escrow with Transnation Title Insurance Company all instruments and monies required to complete the transaction in accordance with this agreement. Closing, for the purpose of this agreement, is defined as the date that all documents are executed and the sale proceeds are available for disbursement to the Seller. 9. POSSESSION. Buyer shall be entitled to possession on closing. 10. SELLER'S REPRESENTATIONS. Seller represents: (a) that he/she will maintain the property in present or better condition until time of agreed possession, (b) that he/she has no knowledge or notice from any governmental agency of any violation of laws relating to the subject p~operty except: (c) that the property is not encumbered by any leases. 11. SELLER'S ENVIRONMENTAL REPRESENTATIONS. Sellerrepresents that to the best of his/her knowledge that he/she is not aware of existence of, or has caused or allowed to be caused, any environment condition (including, without limitation, a spill, discharge or contamination) that existed as of and/or prior to the closing date or any act of omission occurring prior to the closing date, the result of which may require remedial action pursuant to any federal, state or local law or may be the basis for the assertion of any third party claims, including claims of governmental entities except: This provision shall survive the closing and be in addition to Seller's obligation for breach of a representation or warranty as may be set forth herein. 12. DEFAULT AND ATTORNEY'S FEES. (a) Buyer's Default. If Buyer defaults hereunder, Seller's sole remedy shall be limited to damages against Buyer in the liquidated amount ofthe earnest money previously paid the Buyer. Buyer and Seller intend that said amount constitutes liquidated damages so as to avoid other costs and expenses to either party in connection with potential litigation on account of Buyers' default. Buyer and Seller believe said amount to be a fair estimate of actual damages. (b) Seller's Default. If Seller defaults hereunder, Buyer shall have all the rights and remedies available at law or in equity. (c) Attorney's Fees and Costs. In the event oflitigation to enforce any ofthe terms or provisions herein, the substantially prevailing party's attorney's fees shall be paid by the other party to this agreement. REAL EST ATE PURCHASE AND SALE AGREEMENT Page 3 of5 13. NOTICE TO SELLER. This form contains provisions for an agreement for the purchase and sale of real estate. Buyer makes no warranty or representation of any kind that this form, or any of its provisions, is intended to meet the factual and legal requirements of a particular transaction, or that it accurately reflects that laws ofthe State of Washington at the time you enter the agreement. This agreement has significant legal and financial consequences. By signing this agreement, Seller acknowledges that Seller has or has had the opportunity to consult with an attorney regarding Sellers rights and obligations in this agreement. 14. BROKERS FEES/COMMISSIONS. Seller agrees to indemnify, defend and hold harmless Buyer with respect to any claim by any person or entity claiming through Seller to be entitled to a commission with respect to the transaction contemplated by this agreement. 15. NON-MERGER. The terms, conditions, and provisions ofthis Agreement shall not be deemed merged into the deed, and shall survive the Closing and continue in full force and effect. 16. NOTICES. All notices required or permitted to be given hereunder shall be in writing and shall be sent U.S. certified mail, return receipt requ~sted, or by facsimile transmission addressed as set forth below: (a) All notices to be given to Buyer shall be addressed as follows: Mayor City of Bremerton 345 6th Street, Suite 600 Bremerton, Washington 98337-1873 (b) All notices to be given to Seller shall be addressed as follows: Either party hereto may, by written notice to the other, designate such other address for the giving of notices as being necessary. All notices shall be deemed given on the day such notice is personally served, or on the date ofthe facsimile transmission, or on the third day following the day such notice is mailed in accordance with this paragraph. 17. ENTIRE AGREEMENT. This agreement, including all incorporated exhibits, constitutes the full understanding between seller and buyer. There have been no verbal or other agreements that modify this agreement. REAL ESTATE PURCHASE AND SALE AGREEMENT Page 4 of5 18. BINDING EFFECT AND SURVIVAL. This Agreement shall be binding upon parties hereto and their respective heirs, successors and assigns. 19. DATE OF MUTUAL ACCEPTANCE. For the purposes of this Agreement, the date of mutual acceptance of this Agreement shall be the last date on which the parties to this Agreement have executed this Agreement as indicated below. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date set forth below. BUYER: SELLER: THE CITY OF BREMERTON BREMERTON HOUSING AUTHORITY By: Cary Bozeman, Mayor By: Its: Dated: Dated: APPROVED AS TO FORM: By: Roger A. Lubovich, City Attorney R:\Legal\Legal\Files\Current Active Files\Municipal Court Development\REPSA-BHA 6-21-06 changes accepted.doc REAL ESTATE PURCHASE AND SALE AGREEMENT Page 5 of5 EXHIBIT A Lots 1 through 7, inclusive, ofthe Re-Plat of Louis L. Loos' Addition to Bremerton, as recorded in Volume 2 of the book of plats, Page 62, records of Kit sap County, Washington, situate in the northeast quarter of the southeast quarter, Section 14, Township 24 North, Range 1 East, W.M., Kitsap County Washington. Together with the vacated alley between lots 4 and 40, per City of Bremerton Ordinance #533 dated April 1916. g lJ8IHXg '~:'.\:::.. ..~:';...- ," -i~ r.~ / I \ / \\\ I . t I ..l::t 05 hlhl = ~'rv 4/53/.J::J b S i '7.""2 t -=- I)., 1 i '1. I) S-l.Of . "13 /.J:::l ~ S ~ L ~ L ~ t...., ~ S1.0t ~ ~ ~':'''.(~~~b . , ~"/..-."'- -~6' '::~'2:i?b', ..j\;:;>h '0/-:- -v ;-~_._: ' l~~\-;."'""'- , .' 7J::::" , . \ '." .'-' j '. l':;:~""i ....;:. - .- (~.~ ""'.... ~'!r,.~-~. H....~..;:' ;~~.! /\, /......:7.:\ i '-11 \/ :' / l g. . .._~......., . 'l) ctJ. a a a a I I 0) '" IV) fvJ CJ a .!; 00-90 00-800 .00 -:-600 OO-OtO " . I OO-ttD OO-Zto OO-frto ~x'. / - // 00-9tO ~c I~O OO-L to " "> ~"") ./..J ("'~l,..: :-. J "r--' >r ... 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