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...
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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.
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MaYM Cary Bozeman
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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
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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 ]
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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(
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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.
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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..(
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Notary Seal
Notarv Public
State of Washington
RAFAel D SEVILLA
My Appointment Expires Jon 21. 2010
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(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 '? ,- ..' \ (
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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:
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Notary Seal
Notarv Public
Stole of WaShington
1\1 ". RAFAEL 0 SEVILLA
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(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 $5,000)
in 2006. The additional expenditures will come from ending fund balance. The increased
expenditures are a one time cost to cover additional workloads in the department and to provide for a
transition period for the budget analyst position replacement.
APPROVALS:
DEPARTMENT DIRECTOR
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
FISCAL/BUDGET:
OPERATIONS:
COUNCIL PRESIDENT:
~~~-- ~.
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CONSENT AGENDA ot$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 $120,000 from the Contingency Reserve Fund and authorize the Street Fund to
expend this additional amount.
COUNCIL ACTION: D Approve D Deny D Table
D Continue D No Action
MAY. 31. 2006 4:17PM
WMDICKSONCO
NO. 6678 P. 1
WM. DICKSON co.
GENERAL CONTRACTORS
FAX TRANSMITAL
To: CJ~(y,~~
ATIN'~~
FRO~: ~~ ~
RE ~, p~ f\-D~~~
TOTAL PAGE'S BEING TRANSMITTED (INCLUDING TRANSMITI'm: 2--
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COMMENTS:
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T'RANSMfrrE'O:
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~ REOUESTEO
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_IF CHECKED. ORIGINALS TO FOLLOW VlA US MAIL..
P;,OR BEVJEW AND COMMENT
~ FOR YOUR INF'ORMATION
3315 SOUTH PINE SrnE:J;IT . TACOMA. WA SS40e . (25~) 472-4489 · FAX (25:3) 4724521
EMAIL.:WMOrCKSON@V.ll.tIOrCKSON.NlIT -lrcE;Nsl::; No: WMDICC* 1 OSJ7
MAY, 31.2006 4:17PM
WMDICKSONCO
.~ ~ '%~'"
NO. 6678
p, 2
WM. DICI(SON CO.
3315 South Pine Street . (253) 472-4489 FAX (253) 472-4521 . Taooma, WA 93409"5793
General Contraotors ' Reg. #. WMDlCC~10aJ7
PROPOSAL AND ACCEPTANCE
NA.J\IE:
City ofBremerton
IA1.7ENTION:
Robert Tnl
ADDRJ5$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:
. .~ "" '"-''' ....'"
-
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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........;;..:.....;
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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.
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