HomeMy WebLinkAbout09/05/2007 AGENDA
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FILE
CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337-1873 D (360) 473-5280
SEPTEMBER 5,2007
CITY COUNCIL MEETING AGENDA
1. PRE-COUNCIL STUDY SESSION: 5:00 - 5:30 P.M. in COUNCIL CONFERENCE ROOM 603
'A. General Council Business
2. CALL TO ORDER: 5:30 P.M. in CHAMBERS LOCATED ON FIRST FLOOR
A. Pledge of Allegiance
B. Invocation
3. MAYOR'S REPORT
4. PUBLIC RECOGNITION & ANNOUNCEMENTS
CONSENT AGENDA
A. Claims & Check Register (#AB07-203)
B. Minutes of Meeting - August 15, 2007 (#AB07-204)
C. Minutes of Meeting - August 22,2007 (#AB07-205)
D. Contract Award to COATINGS UNLIMITED, INC. for Reservoir 18 Interior Coating
Replacement (#AB07-206)
E. Contract Award to STAN PALMER CONSTRUCTION for Sewage Pump Station CW-1 Upgrade
(#AB07-207)
F. Purchase of LED Dialight Components for Traffic Signal Systems (#AB07-208)
G. Appointment of Eric Anderson to the Bremerton Housing Authority Board of
Commissioners (#AB07-209)
H. Reappointment of Tina Marie Davis to the Community Development Block Grant Citizen
Advisory Committee (#AB07-21 0)
I. Professional Services Agreement for School Resource Officer with Bremerton School
District (#AB07 -211 )
J. Real Estate Purchase & Sale Agreement with Kitsap Community Federal Credit Union
(#AB07-212)
K. Ordinance No. 5022 for 2007 Mid-Year Budget Adjustment (#AB07-213)
6. GENERAL BUSINESS
A. Artist Contract with J.D. Francis for Commissioned Artwork for The Art Morken Building
(#AB07-214)
B. Artist Contract with James Kelsey for Commissioned Artwork for The Art Morken Building
(#AB07 -215)
C. Golf Management Agreement, Food & Beverage Agreement, and Lease with SCOTT
ALEXANDER'S GOLF SHOP, INC. for the management and operations of the Gold Mountain
Golf Club (#AB07-216)
7. COUNCIL MEMBER REPORTS
5.
-Jl
8. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING
fI 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.
CITY COUNCIL MEETING
SPEAKERS LIST
PLEASE NOTE THAT ALL REQUESTS FOR INFORMATION FROM THE CITY OF
BREMERTON MUST BE SUBMITTED IN WRITING.
THANK YOU.
PLEASE PRINT YOUR NAME BELOW IF YOU PLAN TO
SPEAK DURING THE COUNCIL MEETING TONIGHT
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September Activities
Military Date Night - September 8th, 5:30 - 9:30 pm DIFFERENT DA YI
A Drop-offChildwatch Program, normally on the first Saturday of the month, ison the 2nd
Saturday this month, due to Maintenance week closure. This Program allows a military couple to
drop off their children to enjoy a much needed night out. Qualified Childwatch personnel take
loving care of the children, ages 4 weeks up to 12 years old, throughout the evening. Cost is $3
per child per hour. Punch cards are available at $25 for 10 hours.
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No Splash @ and More Jam - September 15th, 6-9 pm
Family fun for children of all ages (and adults too!) on the third Saturday evening of every
month, however with NO swimming this month, dodgeball, family movie (G-rated) basketball,
games, crafts and a meal provided to all attendees. Y members are free, but non-members are
only $5 per family member.
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Teen Late Night- Every Friday night; 8:30 - 11 pm
Award winning Program for teens provides many activities at the Y in a supervised and safe
environment. Swimming, dodge ball, games and a late night snack of pizza and pop. Members
attend free, but non-member teens are only $5 for a non-stop, action-filled night with friends.
60 Magnuson Way, Bremerton, WA 98310 tel: 360-377-3741
www.kitsapfamilvvmca.orq
Y. Kitsap Family
· YMCA
"The 'amily everyone can be a part 0'"
City Council Update - September 5th, 2007
1) Several different programs and activities have occurred or are planned for September-
a. Outdoor youth soccer has concluded and registration will begin this month for the
Youth Indoor Soccer Instructional Program for children in 1 st thru 5th grades.
b. The Manette Business Association and many other organizations are holding
Manette Fest on September 8th from 10 am to 4 pm -lots of fun for the kids, vendor
booths, pancake breakfast and 2K Fun Run at lOam. The YMCA will have a booth
with balloons, face painting and fun craft for the kids.
c. The Y will also hold a free Member Appreciation BBQ picnic on Saturday
September 8th from 11 am to 1 pm. This event is for members only, but tours for
non-members are available and if the visitors sign up, they are eligible for the
Member's BBQ.
2) Our most popular military family program is "Military Date Night" - normally the first
Saturday of each month from 5:30 to 9:30 pm. However, the next Military Date Night will
be this following Saturday night the 8th of September, due to the annual Maintenance
Week shutdown last week.. Active Military couples can drop-off their children as young as
four weeks, up to 12 years old, for a much needed night out for only $3 per child per hour,
or even less with a pre-purchased punch card.
3) Our award winning "Teen Late Night" is EVERY Friday night from 8:30 to 11 pm. Many
activities are available - but not swimming this month, hot tub, basketball, dodge ball, to
name a few - and it includes pizza and pop in the cost, which is just $5 for non-member
teens.
4) I must mention "Splash & Jam," because this one is all "Jam" and no "Splash" because the
City Pool is still closed until the end ofthe month due to their major maintenance program.
This is a great program for families with children of all ages, on the third Saturday of the
month - which is the 15th of this month. Weather permitting; we may be able to get out on
the soccer field for some "Water Wars" instead of being able to swim.
Provided by Mike Walton, Marketing Director
DATE SUBMITTED: BILL # 07 - .J..03
AGENDA lULL
CITY OF BREMERTON 5 A
CITY COUNCIL "
........................................................................................
SUBJECT:
Committee Meeting Date:
COUNCIL MEETING Date: September 5, 2007
Department: Financial Services
Presenter: Cathy Johnson
Phone: 473-5296
SUMMARY: Consent Agenda item. Approval of payroll, checks and electronic fimd transfers.
ATTACHMENTS:
FISCAL IMPACTS (Include Budgeted Amount):
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
COMMITTEE CHAIR
COUNCIL PRESIDENT:
;zU~~ / .
CONSENT AGENDA
GENERAL BUSINESS 0
PUBLIC HEARING 0
RECOMMENDED MOTION: Move to Approve
1) Check #'s 319114 through 31933 and EFT's 7319 through 77344 in the amount of $1,608,955.25.
2) Retiree Payroll for the pay period ending August 31, 2007 in the amount of$76,919~13.
3) Payroll for Final Pay /Leave Payouts August 23, 2007 in the amount of $7,232.30.
COUNCIL ACTION: ~pprove
o Deny
o Table
o Continue 0 No Action
_____7
DA TE SUBMITTED:
BILL #
07 - ;;201-
58
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
........................................................................................
SUBJECT: City Council Meeting Minutes
for meeting of AII~l.\5l- (), ')...007
Committee Meeting Date:
COUNCIL MEETING Date:
Department:
Presenter:
N/A
~~ 5. ~oo7
City Council '
Will Maupin,
Council President
(360) 473-5280
Phone:
SUMMARY: Attached is a summary of the City Council Meeting held f\VjIltS+ (5 f:Loo7
ATTACHMENTS: Meeting Minutes for AVjl.<(S+- IS; 4007
FISCAL IMP ACTS (Include Budgeted Amount): N/ A
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
Council President
N/A
N/A
N/A
COMMITTEE CHAIR
COUNCIL PRESIDENT:
N2
' . '1
/l( ~C~
CONSENT AGENDA
GENERAL BUSINESS D
PUBLIC HEARING D
RECOMMENDED MOTION: Move to approve the Consent Agenda as presented.
COUNCIL ACTION: D Approve 0 Deny 0 Table
o Continue 0 No Action
DIGITAL RECORDING
CITY COUNCIL MEETING MINUTES
VVednesday, August 15,2007
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, VVashington,
VVednesday, August 15, 2007, at 5:30 PM, with Council President VVill Maupin presiding. Council
members present were Nick VVofford, Carol Arends, Dianne Robinson, Mike Shepherd, VVendy
Priest, Adam Brockus, Cecil McConnell, and Brad Gehring. Also present were City Attorney Roger
Lubovich; Deputy City Clerk Cherie Henry; and Legislative Assistant Lori Smith.
The Pledge of Allegiance was led by Council Member Cecil McConnell followed by the invocation
provided by Pastor Christie Newbill of Saint Luke's United Methodist Church.
President Maupin announced that a Pre-Council Session to discuss General Council Business was
held prior to the meeting.
MAYOR'S REPORT
Elaine Valencia, Executive Assistant to the Mayor, brought forward Bob Battin of the Bremerton
Central Lions Club who thanked Elaine, the Mayor, and all former Mayors for their support of this
Sister City Program now in its 38th year. Appreciation was also expressed for the host families who
open their homes to the student for a period of one month. Mr. Battin then introduced Exchange
Students Mizuka Kawamoto, Sava Komatsu, and Rui Yamamoto, who are visiting from
Bremerton's Sister City - Kure, Japan. A gift was presented to Council President Will Maupin, and
he also thanked Mr. Battin for his 20-year involvement in the program
PUBLIC RECOGNITION & ANNOUNCEMENTS
Nick Wofford invited residents to participate on the panel that will be writing the pro and con
statements for the proposed levy ballot issue. People may contact the Mayor's Office at (360) 473-
5266 for applications or more information. The deadline for setting appointments to the committee is
next VVednesday, August 29.
Adam Brockus asked citizens to mark their calendars for the "Manette Fest" sponsored by the
Manette Business Association to be held on Saturday, September 8.
Brad Gehrinq reminded the public about the upcoming Kitsap County Fair & Rodeo from August 23
to 25tn.
Helen Miller read a statement into the record that included her thanks to Kitsap County Sheriff Steve
Boyer and Bremerton Police Chief Craig Rogers for attending a citizen meeting on Sunday, August
12 on their own time to examine possible solutions for the reported controlled substance activities
within the community; and a request for anyone who has an old cell phone they no longer need to
please donate it at Pioneer Services located at 3850 Kitsap VVay, Suite 104 and explained that the
phones would be converted into calling cards to assist those calls home from our service men and
women.
Rick Cortez, an employee of the Bremerton School District, discussed reasons why the Kitsap
County Board of Health should not cut the EI Centro de la Familia Program.
CONSENT AGENDA
A. Check Numbers 318791 through 318955; and EFT-7297 through EFT-7311 in the amount of
$1,085,086.23 for the period ending August 15, 2007 (#AB07-193)
B. Minutes of Meeting - August 8, 2007 (#AB07 -194)
C. Appointments of Donald Bolles and Sarah Bolles to the Community Development Block Grant
Advisory Committee (#AB07 -195)
City Council Reg. Mtg. Minutes
VVednesday,August 15, 2007
Page 2 of 4 '
D. Resolution No. 3033, re-naming the new Police Headquarters 'The Art Morken Building" (#AB07-
196)
E. Hiring of Court Services Manager at Band 15, Rate 3 (#AB07-197)
Helen Miller wanted to know if the rate of pay for the new Court Services Manager was comparable
to the salary paid to the previous Manager. Dawn Nelson, Municipal Court replied that the pay is the
same Pay Band. Laura Lvon, Director of Financial Services, added that the previous Court Services
Manager was paid at a higher rate due to her number of yearsl with the City.
05:49:50 M/S/C/U (Priest/Arends) Move to approve the CONSENT AGENDA as presented.
GENERAL BUSINESS
6A - BUDGET ADJUSTMENT OF $19.000 (DONATED BY THE BREMERTON CENTRAL LIONS
CLUB) TO PARKS DEPARTMENT TO CONSTRUCT A WALKING PATH AND PICNIC SHELTER
AT LIONS PARK (#AB07-198): Wvn Birkenthal, Parks & Recreation Department Director,
summarized that the Bremerton Central Lions Club has made a donation of $19,000 in cash to the
Parks Department for the construction of a paved walking path in Lions Park and the purchase of an
additional picnic shelter. The donation continues the Bremerton Lion's 48-year history of supporting
improvements to Lion's Park through donations and volunteer labor. This agenda item would adjust
the Parks 2007 Capital Improvement budget by $19,000 and authorize the department to proceed
with the path and shelter projects. The funds for'the expenditure have,been received.
Carol McClurken, President of the Bremerton Central Lions Club, expressed that it is always a
pleasure of the organization to work with the City on these types of projects.
Mr. Gehrina thanked the Bremerton Central Lions Club for their long term support of the park.
Mr. Brockus asked what the cost would be to maintain these additions. Mr. Birkenthal responded
that the cost would only amount to approximately $400 per month for sweeping the path and shelter.
Mr. Maupin also thanked the Bremerton Central Lions Club for their contributions to the City.
05:52:55 M/S/C/U (Robinson/VVofford) Move to approve budget adjustment in the amount of $19,000
to the Parks & Recreation Department for construction of a walking path and picnic shelter at Lions
Park. '
6B - ORDINANCE NO. 5021. AMENDING CHAPTER 3.36 OF THE BREMERTON MUNICIPAL
CODE TO INCREASE THE MINIMUM FUND BALANCE REQUIRED IN THE CONTINGENCY
RESERVE FUND TO $1.000.000 (#AB07-199): Laura Lvon, Financial Services Director, stated that
the City's Chapter 3.36 of the Bremerton Municipal Code (BMC) establishes a Contingency Reserve
Fund to protect the City's General Fund in the event of unforeseen and unfunded emergency
requirements. The required minimum level expressed in this chapter of $500,000 was established in
1995 and has not been revised since. The Revised Code of VVashington (RCVV) 35.44.145 restricts
the accumulation of monies in contingency funds to $0.375 per $1,000 of total assessed valuation
(AV). The limit for 2007 based on the current AV for the City if $2,692,388.791 if $1,009,645.80,
therefore the Contingency Reserve minimum of $500,000 is currently well below this maximum
amount. It is the recommendation of the Director of Financial Services that the City revise the City's
financial goals and policies and Chapter 3.36 of the BMC regarding the minimum balance required for
the Contingency Reserve Fund - increasing the minimum level to $1,000,000. A POWER POINT
presentation was made to provide further details in support of this Ordinance.
Helen Miller asked for clarification between the terms of 37 and 43 days. Mr. Maupin responded
that $500,000 combined with the ending fund balance of the General Fund equals 37 days and
$1,000,000 plus the ending fund balance equals is 43 days.
DATE SUBMITTED: BILL # 07 ~ ~03
AGENDA BILL
CITY OF BREMERTON 5 A
CITY COUNCIL n
........................................................................................
SUBJECT:
Committee Meeting Date:
COUNCIL MEETING Date: September 5, 2007
Department: Financial Services
Presenter: Cathy Johnson
Phone: 473-5296
SUMMARY: Consent Agenda item. Approval of payroll, checks and electronic fund transfers.
ATTACHMENTS:
FISCAL IMP ACTS (Include Budgeted Amount):
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
COMMITTEE CHAIR
COUNCIL PRESIDENT:
~i}~L? /'
CONSENT AGENDA
GENERAL BUSINESS 0
PUBLIC HEARING 0
RECOMMENDED MOTION: Move to Approve
1) Check #' s 319114 through 31933 and EFT's 7319 through 77344 in the amount of $1,608,955.25.
2) Retiree Payroll for the pay period ending August 31, 2007 in the amount of$76,919.13.
3) Payroll for Final Pay /Leave Payouts August 23, 2007 in the amount of $7,232.30.
COUNCIL ACTION: ~pprove
o Deny
o Table
o Continue 0 No Action
11I"""'
---..1
DATE SUBMITTED:
BILL #
07 - ;201-
58
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
........................................................................................
SUBJECT: City Council Meeting Minutes
for meeting of AII~v...5l- {~, ')..007
Committee Meeting Date:
COUNCIL MEETING Date:
Department:
Presenter:
N/A
~~ 5. ~oo7
City Council'
Will Maupin,
Council President
(360) 473-5280
Phone:
SUMMARY: Attached is a summary of the City Council Meeting held f\Vj~S+ IS' ,::Loo7
ATTACHMENTS: Meeting Minutes for AcJ~IA.S-t- IS; :Loo7
FISCAL IMPACTS (Include Budgeted Amount): N/A
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
Council President
N/A
N/A
N/A
COMMITTEE CHAIR
COUNCIL PRESIDENT:
N2
. . '1
~)d!P?/(??-
CONSENT AGENDA
GENERAL BUSINESS 0
PUBLIC HEARING 0
RECOMMENDED MOTION: Move to approve the Consent Agenda as presented.
COUNCIL ACTION: D Approve 0 Deny D Table
o Continue 0 No Action
DIGITAL RECORDING
CITY COUNCIL MEETING MINUTES
VVednesday, August 15,2007
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, VVashington,
VVednesday, August 15, 2007, at 5:30 PM, with Council President VVillMaupin presiding. Council
members present were Nick VVofford, Carol Arends, Dianne Robinson, Mike Shepherd, VVendy
Priest, Adam Brockus, Cecil McConnell, and Brad Gehring. Also present were City Attorney Roger
Lubovich; Deputy City Clerk Cherie Henry; and Legislative Assistant Lori Smith.
The Pledge of Allegiance was led by Council Member Cecil McConnell followed by the invocation
provided by Pastor Christie Newbill of Saint Luke's United Methodist Church.
President Maupin announced that a Pre-Council Session to discuss General Council Business was
held prior to the meeting.
MAYOR'S REPORT
Elaine Valencia, Executive Assistant to the Mayor, brought forward Bob Battin of the Bremerton
Central Lions Club who thanked Elaine, the Mayor, and all former Mayors for their support of this
Sister City Program now in its 38th year. Appreciation was also expressed for the host families who
open their homes to the student for a period of one month. Mr. Battin then introduced Exchange
Students Mizuka Kawamoto, Sava Komatsu, and Rui Yamamoto, who are visiting from
Bremerton's Sister City - Kure, Japan. A gift was presented to Council President Will Maupin, and
he also thanked Mr. Battin for his 20-year involvement in the program
PUBLIC RECOGNITION & ANNOUNCEMENTS
Nick Wofford invited residents to participate on the panel that will be writing the pro and con
statements for the proposed levy ballot issue. People may contact the Mayor's Office at (360) 473-
5266 for applications or more information. The deadline for setting appointments to the committee is
next VVednesday, August 29.
Adam Brockus asked citizens to mark their calendars for the "Manette Fest" sponsored by the
Manette Business Association to be held on Saturday, September 8.
Brad Gehrina reminded the public about the upcoming Kitsap County Fair & Rodeo from August 23
to 25th.
Helen Miller read a statement into the record that included her thanks to Kitsap County Sheriff Steve
Boyer and Bremerton Police Chief Craig Rogers for attending a citizen meeting on Sunday, August
12 on their own time to examine possible solutions for the reported controlled substance activities
within the community; and a request for anyone who has an old cell phone they no longer need to
please donate it at Pioneer Services located at 3850 Kitsap VVay, Suite 104 and explained that the
phones would be converted into calling cards to assist those calls home from our service men and
women.
Rick Cortez, an employee of the Bremerton School District, discussed reasons why the Kitsap
County Board of Health should not cut the EI Centro de la Familia Program.
CONSENT AGENDA
A. Check Numbers 318791 through 318955; and EFT-7297 through EFT-7311 in the amount of
$1,085,086.23 for the period ending August 15, 2007 (#AB07-193)
B. Minutes of Meeting - August 8,2007 (#AB07-194)
C. Appointments of Donald Bolles and Sarah Bolles to the Community Development Block Grant
Advisory Committee (#AB07 -195) .
City Council Reg. Mtg. Minutes
VVednesday, August 15,2007
Page 2 of 4 '
D. Resolution No. 3033, re-naming the new Police Headquarters "The Art Morken Building" (#AB07-
196)
E. Hiring of Court Services Manager at Band 15, Rate 3 (#AB07-197)
Helen Miller wanted to know if the rate of pay for the new Court Services Manager was comparable
to the salary paid to the previous Manager. Dawn Nelson, Municipal Court replied that the pay is the
same Pay Band. Laura Lyon, Director of Financial Services, added that the previous Court Services
Manager was paid at a higher rate due to her number of yearsl with the City.
05:49:50 M/S/C/U (Priest/Arends) Move to approve the CONSENT AGENDA as presented.
GENERAL BUSINESS
6A - BUDGET ADJUSTMENT OF $19.000 (DONATED BY THE BREMERTON CENTRAL LIONS
CLUB) TO PARKS DEPARTMENT TO CONSTRUCT A WALKING PATH AND PICNIC SHELTER
AT LIONS PARK (#AB07-198): Wyn Birkenthal, Parks & Recreation Department Director,
summarized that the Bremerton Central Lions Club has made a donation of $19,000 in cash to the
Parks Department for the construction of a paved walking path in Lions Park and the purchase of an
additional picnic shelter. The donation continues the Bremerton Lion's 48-year history of supporting
improvements to Lion's Park through donations and volunteer labor. This agenda item would adjust
the Parks 2007 Capital Improvement budget by $19,000 and authorize the department to proceed
with the path and shelter projects. The funds for the expenditure have,been received.
Carol McClurken, President of the Bremerton Central Lions Club, expressed that it is always a
pleasure of the organization to work with the City on these types of projects.
Mr. Gehrina thanked the Bremerton Central Lions Club for their long term support of the park.
Mr. Brockus asked what the cost would be to maintain these additions. Mr. Birkenthal responded
that the cost would only amount to approximately $400 per month for sweeping the path and shelter.
Mr. Maupin also thanked the Bremerton Central Lions Club for their contributions to the City.
05:52:55 M/S/C/U (Robinson/VVofford) Move to approve budget adjustment in the amount of $19,000
to the Parks & Recreation Department for construction of a walking path and picnic shelter at Lions
Park. .
6B - ORDINANCE NO. 5021. AMENDING CHAPTER 3.36 OF THE BREMERTON MUNICIPAL
CODE TO INCREASE THE MINIMUM FUND BALANCE REQUIRED IN THE CONTINGENCY
RESERVE FUND TO $1.000.000 (#AB07-199): Laura Lyon, Financial Services Director, stated that
the City's Chapter 3.36 of the Bremerton Municipal Code (BMC) establishes a Contingency Reserve
Fund to protect the City's General Fund in the event of unforeseen and unfunded emergency
requirements. The required minimum level expressed in this chapter of $500,000 was established in
1995 and has not been revised since. The Revised Code of VVashington (RCVV) 35.44.145 restricts
the accumulation of monies in contingency funds to $0.375 per $1,000 of total assessed valuation
(AV). The limit for 2007 based on the current AV for the City if $2,692,388.791 if $1 ,009,645.80,
therefore the Contingency Reserve minimum of $500,000 is currently well below this maximum
amount. It is the recommendation of the Director of Financial Services that the City revise the City's
financial goals and policies and Chapter 3.36 of the BMC regarding the minimum balance required for
the Contingency Reserve Fund - increasing the minimum level to $1,000,000. A POWER POINT
presentation was made to provide further details in support of this Ordinance.
Helen Miller asked for clarification between the terms of 37 and 43 days. Mr. Maupin responded
that $500,000 combined with the ending fund balance of the General Fund equals 37 days and
$1,000,000 plus the ending fund balance equals is 43 days.
City Council Reg. Mtg. Minutes
VVednesday, August 15, 2007
Page 3 of 4
Mr. McConnell asked if there was a higher authority or was this a rule of the City of Bremerton? Ms.
Lyon explained that if the balance fell below the minimum level, a vote of the City Council would be
needed to rebuild the balance of that fund.
Mr. Brockus asked what the City would do if the Contingency Reserve Fund dropped to an amount
under $1-million. Ms. Lyon stated that they would re-Iook at the Bremerton Municipal Code, and the
Financial Goals & Policies.
Mr. Wofford asked if the range for the fund is sufficient. Ms. Lyon answered yes and that any
changes could be made during the next budget cycle.
Mr. Shepherd offered a few observations, including how the process is more efficient than it was in
the past.
Mr. Gehrina thanked Ms. Lyon for providing a sound plan which takes into consideration possible
increased costs associated with emergencies and disaster recovery.
Mr. Maupin asked if the City has ever tapped the fund. Ms. Lyon answered that the City has not
tapped into the fund except for the amount over the cap of the fund, and that was done by proper
process; and emphasized that when assets are sold those proceeds are placed into the Contingency
Fund and expenditure of those funds require Council approval.
06:19:32 M/S/C/U (Priest/Shepherd) Move to approve Ordinance No. 5021 amending Chapter 3.36 of
the Bremerton Municipal Code to increase the minimum fund balance required in the Contingenqy
Reserve Fund to $1,000,000.
6C - RESOLUTION NO. 3034. ADOPTING UPDATED FINANCIAL GOALS & POLICIES FOR THE
CITY OF BREMERTON (#AB07-200): Laura Lyon, Financial Services Director, emphasized that the
stewardship of public funds is one of the greatest responsibilities given to the City Council and the
Administration of the City of Bremerton. The establishment and maintenance of sound fiscal policies
is an important part of fulfilling that expectation. The City previously adopted financial goals and
policies by Resolution No. 2963 on June 1, 2005. These guidelines have served the City well over
the course of the past two years, however, it is important to periodically review these financial goals
and policies to ensure they are continuing to meet the City's needs and are updated as needed. The
proposed action repeals and replaces the existing financial goals and policies and with an updated
version. Primary changes are to provide greater clarity on the internal service funds usage and
expectations, and to increase the minimum balance target level for the Contingency Reserve from the
current $500,000 to $1,000,000. A POWER POINT presentation was made to summarize the changes
and to provide further details in support of this Resolution.
There were no comments from the public...
Mr. Maupin and Mr. Gehrina offered their comments of support.
06:25:55 M/S/C/U (Arends/Wofford) Move to approve Resolution No. 3034 adopting updated financial
Goals & Policies for the City of Bremerton.
COUNCIL MEMBER REPORTS
Dianne Robinson thanked Ron Jensen, Anderson Cove Block Watch, for his help in organizing a
community picnic on Saturday.
Mike Shepherd provided an update on various parking issues, and commented on the development
of a flyer with detailed information about parking in the City.
City Council Reg. Mtg. Minutes
VVednesday, August 15, 2007
Page 4 of 4
Adam Brockus thanked neighbors in Manette who participated in the first community work party.
Brad Gehrinq thanked Bremerton Police Chief Craig Rogers for his service to the community;
welcomed Theresa Ewing, the newly hired Municipal Services Court Manager; and discussed the new
VVarren Avenue off-ramp project which will be completed in October. He also asked If anyone has
input on how to improve the area abutting the project site and Stephenson Canyon, they are
encouraged to call him at the Council Office at (360) 473-5280.
VVith no further business, President Maupin adjourned the Council Meeting at 6:35 PM.
p~e red a~d ~m)tt'jY'Y
Z~)
L R SMITH
Legislative Assistant
Attest:
PAULA JOHNSTON, City Clerk
VVILL MAUPIN, City Council President
VVM:PJ:ls:cg
07- ;)OS-
DA TE SUBMITTED:
BILL #
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
5C
........................................................................................
SUBJECT: City Council Meeting Minutes Committee Meeting Date:
for meeting of Av~(..(S+ ;Z~, ~o~COUNCIL MEETING Date:
Department:
Presenter:
N/A
C~C '1 5.' :J.o07
Ity ounCl
Will Maupin,
Council President
(360) 473-5280
Phone:
SUMMARY: Attached is a summary of the City Council Meeting held A-v1tA. sf- :l--J-j UJOI
ATTACHMENTS: Meeting Minutes for 1W1l1..st ~ I ':)...007
FISCAL IMP ACTS (Include Budgeted Amount): N/ A
APPROVALS:
DEP ARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
Council President
N/A
N/A
N/A
COMMITTEE CHAIR
COUNCIL PRESIDENT:
N~
. - 'J
-4(2;e~'v~
CONSENT AGENDA
GENERAL BUSINESS 0
PUBLIC HEARING 0
RECOMMENDED MOTION: Move to approve the Consent Agenda as presented.
COUNCIL ACTION: 0 Approve 0 Deny 0 Table
D Continue D No Action
DIGITAL RECORDING
CITY COUNCIL MEETING MINUTES
VVednesday,August22,2007
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,
VVashington, VVednesday, August 22,2007, at 5:30 PM, with Council President Maupin
presiding. Council members present were Nick VVofford, Carol Arends, Dianne Robinson,
VVendy Priest, Adam Brockus, Cecil McConnell, and Brad Gehring. Council Member Mike
Shepherd was absent. Also present were City Attorney Roger Lubovich; Deputy City Clerk
Cherie Henry; and Legislative Assistant Lori Smith.
The Pledge of Allegiance was led by Council Member Brad Gehrina followed by the
invocation provided by Reverend Debbie Little of First Christian Church.
President Maupin announced that a Pre-Council Session was held prior to the meeting to
discuss General Council Business and to hear an update by City Attorney Roger Lubovich on
the "Appointments to the Pro & Con Committees for Proposition NO.1" (with action anticipated);
thanked Reverend Little for her kind words of support for the City employee who was seriously
injured today; and wished Council Member Carol Arends a very "Happy Birthday".
PUBLIC RECOGNITION & ANNOUNCEMENTS - There were no comments or
announcements. . .
\
CONSENT AGENDA
A. Check Numbers 318956 through 319113; and EFT-7312 through EFT-7318 in the amount
of $900,881.04 for the period ending August 22,2007; and Regular Payroll in the amount of
$752,060.47 for the period ending August 15, 2007 (#AB07-201)
B. Appointments to the Pro & Con Committees for Proposition No.1, a Ballot Measure to raise
the Property tax levy rate (#AB07 -202)
05:34:35 M/S/C/U (Priest/Brockus) Move to approve the CONSENT AGENDA as presented.
GENERAL BUSINESS - There were no General Business items...
VVith no further business. President Maupin adjourned the Council Meeting at 5:35 PM. The
Council reconvened in the Council Conference Room for a STUDY SESSION to hear
presentations on upcoming agenda items.
Attest:
pr~~tl
LORI SMITH '-"
Legislative Assistant
PAULA JOHNSTON, City Clerk
VVILL MAUPIN, City Council President
VVM:PJ:ls:cg
DATE SUBMITTED: August 14,2007
BILL #
07- ao(o
5/)
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
............................................................................................
SUBJECT: CONTRACT AWARD -
Coatings Unlimited, Inc. - Reservoir 18 -
Interior Coating Replacement
Committee Meeting Date: August 22, 2007
COUNCIL MEETING Date: September 5, 2007
Department: Public Works & Utils.
Presenter: Dan Miller
Phone: 473-2314
SUMMARY: Bids were opened on Tuesday, August 7, 2007 for Reservoir No. 18 - Interior Coating
Replacement Project. A total of four (4) bids were received for the project (See attached Bid Opening
List).
The low bidder is Coatings Unlimited, Inc. from Kent, Washington for the Lump Sum Bid of
$138,590.00. The total contract amount, including Washington State Sales Tax, is $150,508.74. The
interior coating lump sum estimate, nQt including Washington State Sales Tax, was $139,000 to
$144,000.
ATTACHMENTS: Bid Opening List; Council Summary; Water Tank Coating Evaluation; and
Reservoir 18 - Aerial Photo.
FISCAL IMPACTS (Include Budgeted Amount): The Water Fund 401 Maintenance Budget listed
under "Structures & Grounds - 54830" in the amount of $170,000 shall support this project.
APPROVALS: /......==:;
DEPARTMENT DIRECTOL.:. .
.--
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
COMMITTEE CHAIR:
COUNCIL PRESIDENT:
CONSENT AGENDA ~
GENERAL BUSINESS 0
PUBLIC HEARING D
RECOMMENDED MOTION: To approve the contract award to Coatings Unlimited, Inc., in the
amount of$150,508.74 including Washington State Sales Tax, and authorize the Mayor to finalize
and execute the Contract.
COUNCIL ACTION: 0 Approve 0 Deny 0 Table
o Continue 0 No Action
CITY OF BREMERTON
BID TABULATION
BID TITLE: KcS:fr.2>vCi i(
I SO
,,~), r. (
/.'-t I LI'-h..1K ~:MIINi."
;~crLt'KcYICI'\i\
OPENED BY:
---"")
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r
t::_,L.L:~'-~j
DATE OPENED: tfi-di--"".J..T I) c' 7
TIME OPENED:
2- "c' -,
- ~ \". ~ i' ,-\
RECORDED BY:
-~, L L [Lt=~'--I
I '- - -.-
NAME OF BIDDER BOND ITEM 1 ITEM 2 ITEM 3 ITEM 4 ITEM 5 -c!tfi#1\v Ssf SALES I
I
TAX I
I
I "
I U~ L.1."'\ f i LcD I 138. SlID .0'6 " /~ , 8.. 1 I
I \.. ,edi' ,-, ,'-I <::. '::> \,'
I L-"I [:".:>-;L--jL-J / II qo, 000.Q:) \~ CXfO. 00
i ;~D "S --;-r.:.,j:\\._._ V
~rf;'l'-' '1L /0 ., /) -; IN(c ,/ 1l/D~23f.'0() I~~'~
\.....'''...- - N. ~':~-I-l::..I"'I..._ 'rr/,.
I n C~.) I / 22!1lf73"oc /9 734.J&l
I l.--Oi,~ (:- l ft It\:' ;l.\, {:- \/
I " . I
I I
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SUMMARY TOTAL BID COMMENTS
I AP::~~~;:' ;'D~~,~ ~,.-\ . -iE}) ENGINEER ESTIMATE (INC f;:,^,L[t;) TAX) $ \"3111 000 -
150 5 c-S', 7~
I SECOND LOW BIDDER . -_.--
I I 'c-'-----o-,,; - 'I)' -,_,1 \' I S2- (1 l.t-u " Cl'
I 1/'>.1 '-~ I t:~""" I.I..,J L ,-,s' .l,.l't L-
I T~I~D LOW BIDDER, 'r 7 -~--
'I 1,)11 2S~,
~ rT I \',-1(,.J'-\1.- /I\j l) 'v ji;L IItL- r dl- v'i1lv __ Lt-L-
---------------~~-~---
7,
-'-..x -
-').,_,-_-. \L
i
~-------------:
7;r~~:~59) .5Ci~_Z~
1'5.;1. Oft>. 00 i
--~---'---l
I $')..,1 qg!-Y-kJ
, !
~tt~~'L~t~
i
TOTAL
i
~._-~--~~----.-~---~.---~
~~-----~--~--- -~~_.!
!
!
i
----- ------~--i
,
-----------~~~-----~~-~ ~1
i
-~-----~~-~- .----- -- - -,
i
N~ , 000
COUNCIL SUMMARY
Reservoir No. 18 - Interior Coating Replacement
Reservoir No. 18 is a I-million gallon ground supported welded steel tank constructed in
1978. Reservoir 18 is situated on a shared site with Reservoir No. 15 located at 1925 NE
Cheryl Street. Reservoir 15 was constructed in 1966 and its interior coating was replaced
in October 2004.
For consistency, Water Resources Division employs the inspection services of CB
Coating & Inspection, Inc. to inspect the interior coating conditions. CB Coating's latest
inspection of November 1, 2006 revealed appreciable interior coating deterioration from
its previous inspection on February 22, 2004. As a result, the coating inspector highly
recommended to the Water Resources Division that the interior coating of Reservoir 18
be replaced as soon as practical. This being the case, Water Resources Division elevated
Reservoir 18 as this year's interior maintenance priority. The Water Fund 401
Maintenance Budget, "Structures & Grounds - 54830" in the amount of $170K is
identified in the budget to support this maintenance project.
The interior coating replacements in reservoirs have been, and will continue to be, an
ongoing budgeted maintenance item each year through 2011. Within the next budget
cycles C08-'ll), Water Resources intends to address the replacement of interior coatings
in Reservoirs 20,21, 10 North, and 10 South.
. . "<IlIA " ItJSP"'ECTION INCH
.7', .ffi'.' k"', ).,!,€' - 'HM~ r.''''.'~~.1J.II.I~' ~t. .T~~1(~ m U'l~', "ic;' .,~ - . .~, ,,. . -
(V", r.n f''Y'6n ~! f'i~l rV!.ll \;\11~U2fr~n.~~ G~'ii!;j L'il ~ '.' '...~ ,
i\l:! L.~)}J~'~'7~t2!~;?~i~{~e~'?';;;:'~\#S,tJ'L T ~ 1'1(5;> &.<~::~;;;~~~".~~
WATER TANK COATING EVALUATION
Conducted For:
Kathleen Cahill, City of Bremerton
Date: 11-01-06
Owner: City of Bremerton
Engineer: City
Structure Description: Tank 18, steel res. 81' H x 24' D
Size: 1MG
Surrounding Environment: Wooded
INTERIOR
I. Visual evaluation of the degree of rusting in accordance with ASTM-D-610-85
A. Ceiling - severe rusting " rating - 4
B. Shell walls - North side rusting rating - 5
C. Floor -- Not Observed
D. Interior structural-Ladder, no painters raU -rating - 7
II. Evaluation of the coatings
A. Surface appearance walls have some staining
B. Blistering, peeling, cracking, or chalkin~:.' None
C. Discoloration rust staining
D. Growth of algae, mildew or moss
E. Adhesion
F. Previous surface profile identified
G. Dry film thickness measured
1. Ceiling
2. Shell walls
3. Floor
None
Good
Yes, red primer under tar
20 - 25 mils
could not reach
Not Observed
III. Evaluation of the potential for the presence of hazardous materials such as
heavy metals or coal tar. No lead, coal tar present
IV. Comments and recommendations. This interior [inine: has dC2;raded
considerablv since the last inspection and should be scheduled for replacemeut
As soon as practical. The interior of the roof hatch is badly cracked with chips
falling off and should be touched up ASAP.
TH
21832 s.c. 275 St., Maple Valley, W A. 98038
Phone/Fax: 425.413.9043
Reservoi r 18
DATE SUBMITTED: August 15, 2007
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
se
ff1fe07- ;(07
........................................................................................
SUBJECT: Award Contract for Sewage
Pump Station CW-l Upgrade to Stan Palmer
Construction.
Committee Meeting Date: August 22, 2007
COUNCIL MEETING Date: September 5, 2007
Department: PW &U, Engineering
Presenter: Michael Mecham
Phone: 473-5288'
SUMMARY: Sealed bids for construction of the project titled "Sewage Pump Station CW-l
Upgrade" were opened on August 14,2007. The engineer's estimate for construction of the project is
$1,373,000. Three bids were received for this project. Stan Palmer Construction was the lowest
responsive, responsible bidder with a bid of $1 ,448,724 (including sales tax). The City is exercising
its right to. delete Bid Item #1 (Temporary Bypass Pumping for $165,000) from the contract. The
revised contract amount is $1,269,534 (including sales tax).
ATTACHMENTS: 1. Council Summary; 2. Site and Vicinity Map; 3. Bid Tabulation
FISCAL IMPACTS: Construction of this project is funded by loans from the Washington State
Public Works Board (PWTF loan program) and utility rates. The loans are PWTF Loan #03-291-004
for $475,000 and PWTF Loan # 07-962-004 for $675,000. This project is included in the CIP and the
2007 budget. The 2007 budget for this project is $675,000; the anticipated 2007 costs are $550,000.
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
FISCAL/DUDGEr:-
~~~:"~~~~ENT:~t _ ~ - ~7' .
RECOMMENDED MOTION: . ~ /
Move to award a contract in the amount of$I,269,534.00 (including sales tax) with Stan Palmer
Construction for construction of the project titled "Sewage Pump Station CW -1 Upgrade" and
authorize the Mayor to finalize and execute the necessary contract documents for construction.
I CONSENT AGENDA 01
COUNCIL ACTION: D Approve D Deny D Table
D Continue D No Action
COUNCIL SUMMARY
SEWAGE PUMP STATION CW-1 UPGRADE
Backaround
The purpose of this project is to complete all necessary CSO Reduction in sub-basins
10-12 of the Anderson Cove Basin. CSO Reduction improvements for all 5 sub-basins
in the Anderson Cove Basin were initially outlined in the 1999 CSO Reduction Plan. In
2000-2001, the City constructed all of the improvements in sub-basins 8 and 9, and
additionally constructed all of the separation improvements in sub-basins 10-12. The
remaining scope for basins 10-12 consisted of upgrading pump stations CW-1 and CW-
4, and constructing a diversion between basins 11 and 12. In September 2004, prior to
designing and constructing these remaining improvements, the City reevaluated the
hydraulics in basins 10-12 to quantify the effectiveness of the separation, and confirm
the design. This evaluation concluded that the planned flow diversion and upgrade of
pump station CW-4 was not practical, and the planned upgrade of pump station CW-1
was not sufficient. As a result, the scope of the improvements were revised
significantly, with all increased capacity located at pump station CW-1. This design
revision resulted in increased project costs which in-turn delayed implementation due to
a funding shortfall.
Contract Summary
The WORK to be completed under this contract consists of increasing the flowrate of
pump station CW-1 from 1900-gpm to 3500-gpm to reduce CSO events at outfalls OF-
10, 1-1 and 12 in the Anderson Cove Basin to less than one per year for compliance with
WAC 173-245.The WORK includes demolition of existing pumps, electrical equipment
and piping and installation of three new pumps (approx. 200 Hp each) and piping,
electrical equipment, installation of a new standby engine generator, installation of an
underground bladder surge tank and associated outside piping and landscaping to
improve the aesthetics outside the pump station.
Stan Palmer Construction was the lowest responsive, responsible bidder with a bid in
the amount of $1,448,724 (including sales tax). The City is exercising its right to delete
Bid Item #1 (Temporary Bypass Pumping for $165,000) from the contract. The revised
contract amount is $1,269,534 (including sales tax). The construction will be completed
within 240 days from the Notice to Proceed; the estimated completion date is May 31,
2008.
Sewage Pump Station CW-1 Upgrade
Council Summary
August 2007
Fiscal Summary
The engineer's construction estimate for this contract is $1,373,000. The bids reflect
the current cost volatility in the construction environment. Total estimated construction
cost including project management costs, is $1,400,000. This project is being funded
by two Washington State Public Works Board PWTF loans and utility rates. Funding
sources are summarized below:
#1 - PWTF Loan 03-291-004 Values
Loan Amount $475,000
Loan Fee (included in Loan Amount) $0
Match Required 15%
Term 20-years
Loan Execution Date AUQust27,2003
Loan Expiration Date May 27, 2008
I nterest Rate 0.5%
Annual Debt Service (Approx) $24,900
#2 - PWTF Loan 07-962-004 Values
Loan Amount $675,000
Loan Fee (included in Loan Amount) $0
Match Required 15%
Term 20-years
Loan Execution Date April 30, 2007
Loan Expiration Date April 30, 2011
I nterest Rate. 0.5%
Annual Debt Service (Approx) $35,400
#3 - Utility rates are approximately $250,000
Sewage Pump Station CW-1 Upgrade
Council Summary
August 2007
SEWAGE PUMP STATION CW-1 UPGRADE - VICINITY MAP
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CITY OF BREMERTON
BID TABULATION
BID TITLE: 5euXt3.e fu~~.s +~h<,t'\ c \.\1.. J l(f~f"QJ-e
OPENED BY, 7;;>::7 r;;.(!~/'
RECORDED BY: 7erry h~-t"r
DATE OPENED: gJ';/d7
TIME OPENED: ~:O J fJ' n1 '
-.
NAME OF BIDDER BOND ITEM 1 ITEM 2 ITEM 3 ITEM 4 ITEMS ITEM 6 SALES TOTAL I
~ TAX
S-rp,)) P,4-LMe-t< C(Jwf/ ./ II. r{' f')M' ~ f.tIJM' t>> i() 11v. 7a-y'o p /"l..ft./ 7:1- V,d ~
'I IJf..~ a)\" I ()(J. DId ~
I/, , ~ 'bl ~o ~-t.~ f !.f 13~
l~t~~Trucnik .J1 III ~ 71 &"lIjl. I~(n ~ KS....1
ItJ1,t,.tJtJ .s; 0' I tJdl dt:J" /, t. nB, 3tJ(.
- / ' 0 0 ~I/:JJ. ii{Ol , ~ V)' 3,735.1 1
I ') j.QtJ ,0 ~I ;tof ~()O 116- ":A~S 1(_.'''
I p( r1e7rlr P~(rrfffER.s 1()~/D1~'
. -
,
TOTAL BID COMMENTS .. -
SUMMARY
APPARENT LOW BIDDER ENGINEER ESTIMATE (INC SALES TAX) $ 4.373" oOf) ,0 f;.'
S7ftN P,4LMt:sJ!. (!0M71AJ:r'6~ tJ6
I~ "'1e/?~ ",
SECOND LOW BIDDER $.+
PI tlt7TA 8~07HtEY/....5 II ~(''-r S'tt.. ,7
THIRD LOW BIDDER /1 ~()).,. 3 tJ /. 7 t
l if k t!..fJ!JST'-U cT I dA/
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
BILL# 07- ;;208
DATE SUBMITTED: August 15, 2007 -
5F
........................................................................................
SUBJECT: Purchase of L.E.D. Dialight
Components for 37 Traffic Signal
Intersections from Advanced Traffic
Products, Inc.
Committee Meeting Date: August 22,2007
COUNCIL MEETING Date: September 5, 2007
Department: Public Works
Presenter: Bob Tul
Phone: 473-5753
SUMMARY: To purchase L.E.D. Dialight components off of the Washington State bid list for
traffic signalized intersections within the City of Bremerton in the amount of $65, 133.63 (including
sales tax). These are 2007 budgeted items and will reduce the power consumption by approximately
30%. These include all red and green indications and a completion of pedestrian crossings
(walk/don't walk). Installation is anticipated to be completed by November 1,2007. An additional
$7,000.00 savings will be granted upon installation through PSE Energy Rebate Program.
ATTACHMENTS: 1. Price Quote
FISCAL IMPACTS (Include Budgeted Amount): The cost of these components is $65,133.63
(including sales tax). The budgeted amount is $69,796.00. Funds for the purchase ofL.E.D. Dialight
components are in the approved 20 eet Budget 102 Capital Fund.
~
APPROVALS:
DEPARTMENT DIRECTO
CITY ATTORNEY:
FINANCE DIRECTOR:
MA YOR:
COMMITTEE CHAIR
COUNCIL PRESIDENT:
CONSENT AGENDA ~.
GENERAL BUSINESS D
PUBLIC HEARING D
RECOMMENDED MOTION: Move to approve the purchase ofL.E.D. Dialight components in the
amount of$65,133.63 from Advanced Traffic Products, Inc.
COUNCIL ACTION: D Approve D Deny D Table
D Continue D No Action
Advanced Traffic Products; Inc.
909 SE Everett Mall Way, Suite B280
Everett, WA 98208
(800) 690-4287
---.. - ~ --~--------- ---- ---~ -..- - ..-.---- ______._____~___n_. ------ -- ___ -___ ._ _____n____. . ___ _____.. ____ __.____~______._ a___. _ ______. __ ___ .. _ __._ ___._ __ __ _H_________.._
---. -.... .._u______uu___.__._uu____9~~~~_!()~:_~!!}'_<:>f~~~_m~I.~()_~_ ____mu_ ___ ... _._n__ ......
Attn: Jim
-- - ~------~-- --.. -". - --- ..- --------. --___ ________~____ ___________,______n____________ ___ ___._ ____________..___._._____ .______.__________.____ .._.__ ___. ___ ____ ______ ____ ._._ __ _ ____.__________ .__
Fax # 360-473-5880
-- ------. --- - -- - -.-.--------- --- ---------- ______._m____ --------_ --.______._____ __ _ _____. _______~_._..___ _.._ -______________m .__________________~._ ___ _ ____ _ ________ _ _______________.
-----<____n___~____un_n__~-~_~~_:_l~!!'~~.A~~_':l@<:i_"_~~~_~<~!"!~_n.~_a."_~____ _ ___ _ _ __ __u_____
- - __<<u_____n____ ..- _________m_______~___I?~!~~~~ly_~~_'_~QQ!__ ... -_______mm_____<~_n_____n___________n___.__
------ ------------~--- ---------- ---.-------.-------------------- --_.._-~."-- ._---------------~-_._- ---
Qu~ntitv
Dialight LED Pricing as per your request
Product Price
252 433-1210-003XL, 12" Red Ball, LED
-------~--------- ---
85 ! 433-111 0-003X, 8" Red Ball, LED
------------
34 432-1314-001X, Red Arrow, 3-row
~-~---
252 433-2220-001XL, 12" Green Ball, Tinted
~._.__._---
93 433-2120-001X, 8" Green Ball, Tinted
--- ----------
31 432-2374-001X, Green Arrow, 3-row
1-----....--------
28 430-6471-001, Filled Hand, Outline Man
c-----.-
Overlay for 16" Housing
$59.37
-~-~~--~---------._-----
$55.81
.----.--------
$56.41
$96.18
$83.12
$76.92
----------
$142.88
-_.~-------_..
~----
Sub-Total
Sales Tax,
Total
t---.
Extend
$14,961.24
$4,743.85
$1,917.94
$24,237.36
$7,730.16
$2,384.52
$4,000.64
$59,975.71
$5,157.92
$65,133.63
Pricing valid for 60 days from quote date*
------~
-----.-----
--
-. ~ n____
- Thank you for the opportunity to present this quote. Please don't hesitate to contact us
--
if we can be of further assistance
----,---_.~-_.._-----.._-_._---------
____.____.<_n.. ----------~------__._____.__~_____.________"_____._.___.._.n__
Karen Barrett
----_._-----------_._-----------_.._---~-_._~-----------------..--------------------.-------.--.-- -----_..._-------------------~----
Advanced Traffic Products, Inc.
DATE SUBMITTED: August 16,2007
BILL# 07';)01
AGENDA BILL
CITY OF BREMER TON
CITY COUNCIL
5{;,
........................................................................................
SUBJECT: Appointment to the
Bremerton Housing Authority
Board of Commissioners
SUMMARY:
Committee Meeting Date: August 22,2007
COUNCIL MEETING Date: September 5, 2007
Department: Executive
Presenter: Mayor Bozeman
Phone: 473-5266
There is a vacancy on the Bremecton Housing Authority Board of Commissioner due to the
resignation of Christopher Holden. It is recommended the vacancy be filled by Eric Anderson.
A TT ACHMENTS: Application for appointment available in the Mayor's ot1ice.
FISCAL IMPACTS (Include Budgeted Amount): N/A
APPROV ALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MA YOR:
COMMITTEE CHAIR
COUNCIL PRESIDENT:
RECOMMENDED MOTION:
~
CONSENT AGENDA
GENERAL BUSINESS D
PUBLIC I-IEARING D
Move to confirm the appointment of Eric Anderson to the Bremecton Housing Authority Board of
Commissioners.
COUNCIL ACTION: D Approve D Deny D Table
D Continue D No Action
DATE SUBMITTED: August 16,2007
BILL# 07/ J../ 0
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SJI
........................................................................................
SUBJECT: Reappointment to the
Community Development Block Grant
Citizen Advisory Committee
Committee Meeting Date: August 22, 2007
COUNCIL MEETING Date: September 5, 2007
Department: Executive
Presenter: Mayor Bozeman
Phone: 473-5266
SUMMARY:
Tina Marie Davis has been a member on the Community Development Block Grant Citizen Advisory
Committee for several years and her term has expired. It is recommended she be reappointed to
another term on this committee.
ATTACHMENTS: Application for reappointment available in the Mayor's office.
FISCAL IMPACTS (Include Budgeted Amount): N/A
APPROV ALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR: ~ ~
MAYOR: -( I ~
COMMITTEE CHAIR
COUNCIL PRESIDENT:
~;fJl7Yf> 7 '
CONSENT AGENDA
GENERAL BUSINESS 0
PUBLIC HEARING 0
RECOMMENDED MOTION:
Move to confirm the reappointment of Tina Marie Davis to the Community Development Block Grant
citizens Advisory committee.
COUNCIL ACTION: 0 Approve 0 Deny 0 Table
o Continue 0 No Action
DATE SUBMITTED: August 6, 2007
BILL #
67'-:211
sr
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
.......................................................................................,
SUBJECT: School Resource Officer
Professional Service Agreement with the
Bremerton School District
Committee Meeting Date: August 22, 2007
COUNCIL MEETING Date: September 5, 2007
Department: Police
Presenter: Captain Wolfe
Phone: 473-5481
SUMMARY: The City of Bremerton Police Department is providing a full-time School Resource
Officer to assist faculty, staff, students and families at Bremerton High School, Junior High School
and Mountain View Middle School. The Bremerton School District is funding $35,399.67 from
September 1, 2007 to August 31, 2008 towards the cost of the SRO.
ATTACHMENTS: Professional Service Agreement
FISCAL IMPACTS (Include Budgeted Amount): $35,399.67 in revenue will be paid to the general
fund and a full-time dedicated police officer serves as the SRO.
APPROVALS: . .~
DEP ARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MA YOR:
COMMITTEE CHAIR
COUNCIL PRESIDENT: CONSENT AGENDA
GENERAL BUSINESS D
PUBLIC HEARING D
RECOMMENDED MOTION: Move to approve the Professional Service Agreement with the
Bremerton School District for funding a full-time School Resource Officer and authorize the Mayor to
execute in substantially the same form the proposed agreement.
COUNCIL ACTION: D Approve D Deny D Table
D Continue D No Action
PROFESSIONAL SERVICES AGREEMENT
September 1, 2007 through August 31, 2008
The City of Bremerton ("City") and the Bremerton School District 100-C ("District"),
referred to collectively as the "Parties," enter into the following Agreement for security services:
I. Scope: City will provide a full-time School Resource Officer (SRO) to assist faculty,
staff, students, and families at Bremerton High School, Bremerton Junior High School and
Mountain View Middle School. Assistance at other Bremerton Schools will depend upon the
availability ofthe SRO.
The SRO, along with the Chief of Police or his designee, will work with the District and
building administrators to provide a positive, safe environment for students and employees. City
officials will work with the District to plan and carry out in-services for staff which will help
staff learn to identify safety risks and learn appropriate responses in unsafe situations. The SRO
will work with individual students and groups of students to encourage positive behavioral
choices. The SRO will at all times follow the procedures laid out by building principals. District
and SRO will work closely to plan and implement specific activities designed to improve student
behavioral choices at each site. All parties agree to meet together on a regularly scheduled basis.
u. Term: This Agreement shall be effective September 1,2007 through August 31, 2008.
School calendar dates attached as Exhibit "A".
III. Compensation: In consideration of the services provided pursuant to this Agreement,
the District shall pay City of Bremerton Treasurer Thirty Five Thousand Three Hundred Ninety
Nine Dollars and Sixty Seven Cents ($35,399.67). The City Treasurer will invoice District
monthly in the amount of Two Thousand Nine Hundred Forty Nine Dollars and Ninety Seven
Cents ($2,949.97) from September 1, 2007 through July 31, 2008 and Two Thousand Nine
Hundred Fifty Dollars ($2,950.00) for August 2008. This Agreement shall not exceed Thirty
Five Thousand Three Hundred Ninety Nine Dollars and Sixty Seven Cents ($35,399.67) per
year.
IV. Relationship of Parties: SRO is an employee of the City of Bremelion Police
Department and will answer to the Police Chief.
V. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement
between the Parties, and the Parties acknowledge that there are no other agreements, written or
oral, that have not been set forth in the text of this Agreement.
VI. Nondiscrimination: City shall not discriminate in employment or services to the public
on the basis of race, color, national origin, sex, religion, age, marital status, sexual orientation or
disability.
School Resource Officer
Page 1 of3
VII. Termination: This Agreement may be tenninated without cause at any time by mutual
agreement of the parties hereto, or by either party after 30 days following the other party's receipt
of a written intent to terminate.
Each party shall have the right to cancel and immediately terminate this agreement
without prior notice upon breach of the agreement by the other party.
VIII. Indemnification: The School District shall defend, indemnify and hold ham11ess the
City and its officers, agents and employees, or any of them, from any and all claims, actions,
suits, liability, loss, costs, expenses and damages of any nature whatsoever, arising out of any act
or omission of the School District, its officers, agents, and employees or any of them relating to
or arising out of the performance of the agreement; however, the School District shall not
defend, indemnify or hold the City harmless from any claims, actions or suits for injury, damage
or loss of any kind caused by either intentional act(s) or the sole negligence of the City, its
officers, agents and employees, or any of them. In any action which the School District defends
the City, the School District shall have the right to select counsel; however, the City may
associate additional counsel at the City's own expense. If final judgment be rendered against the
City and the School District and their respective officers, agents and employees, or any of them,
the School District shall satisfy the same; however, in the event that the final judgment contains
any award for injury, damage or loss of any kind caused by the intentional act(s) or the sole
negligence of the City, its officers, agents and employees, or any of them, the City shall pay that
portion of the judgment.
In executing this agreement, the City does not assume liability or responsibility for, or in
any way release the School District from any liability or responsibility which arises in whole or
in part from the existence or effect of School District policies, rules or regulations. If any cause,
claim, suit, action, or administrative proceeding is commenced, in which the enforceability
and/or validity of any such School District policy, rule or regulation is at issue, the School
District shall defend the same at its sole expense and if judgment is entered or damages are
awarded against the School District, the City or both, the School District shall satisfy the same,
including all chargeable costs and attorney's fees.
The City shall defend, indemnify and hold harmless the School District and its officers,
directors, agents and employees, or any of them from any and all claims, actions, suits, liability,
loss, costs, expenses and damages of any nature whatsoever, out of any act or omission of the
City, its officers, agents arid employees, or any of them in the performance of this agreement;
however, the City shall not defend, indemnify or hold the School District harmless from any
claims, actions or suits for injury, damage or loss of any kind caused by either intentional act(s)
or the sole negligence of the School District, its officers, directors, agents and employees or any
of them. In any action which the City defends the School District, the City shall have the right to
select counsel; however, the School District may associate additional counsel at the School
District's own expense. If final judgment contains any award for injury or loss of any kind
caused by the intentional act(s) or the sole negligence of the School District, its officers,
School Resource Officer
Page 2 of3
directors, agents and employees or any of them, the School District shall pay that portion of the
judgment.
IX. Venue Stipulation: This agreement shall be construed as having been made and
delivered with the State of Washington, and the laws of the State of Washington shall be
applicable to its construction and enforcement. Any action at law, suit in equity, or judicial
proceeding for the enforcement of this agreement or any provision hereto shall be instituted in
Kitsap County, Washington.
CITY OF BREMERTON
BREMERTON SCHOOL DISTRICT lOO-C
Cary Bozeman, Mayor
Date
Dr. Elizabeth Hyde, Superintendent Date
Craig Rogers, Police Chief Date
Board Member
Date
Roger A. Lubovich, City Attorney Date
R:\Legal\Legal\Contracts\Police\Brem School Dist 2007-2008.doc
School Resource Officer
Page 3 of3
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AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
BILL # () 7 -- J- I d-
DATE SUBMITTED: August 6, 2007
~
........................................................................................
SUBJECT: Real Estate Purchase and Sale
Agreement with Kitsap Community Federal
Credit Union
Committee Meeting Date: August 22, 2007
COUNCIL MEETING Date: September 5, 2007
Department: City Attorney's Office
Presenter: Roger A. Lubovich
Phone: 473-2345
SUMMARY: The City desires to purchase a parking lot adjacent to the new police headquarters in
order to provide for additional parking. The proposed purchase price is $180,000. ACE PS, Inc.
conducted an analysis of the property and valued it at $180,000.
ATTACHMENTS:
1. Proposed Real Estate Purchase and Sale Agreement
2. ACE PS, Inc. value analysis
FISCAL IMPACTS (Include Budgeted Amount): The purchase price for the property is $180,000
(plus closing costs). The Public Safety Bond Fund budget as adopted is sufficient to cover this
expenditure for the police facility project.
APPROV ALS:
DEP AR TMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
CONSENT AGENDA)if.'
GENERAL BUSINESS D
PUBLIC HEARING D
COMMITTEE CHAIR
COUNCIL PRESIDENT:
RECOMMENDED MOTION: Move to approve the Real Estate Purchase and Sale Agreement
between the City of Bremerton and Kitsap Community Federal Credit Union and authorize the Mayor
to finalize and execute the agreement with substantially the same terms and conditions and to execute
any and all documents necessary to close the transaction.
COUNCIL ACTION: D Approve D Deny D Table
D Continue D No Action
REAL EST ATE PURCHASE AND SALE AGREEMENT
This agreement controls the terms of the sale of real prope11y.
(Please read carefully before si2nin2.)
This Agreement is entered between the CITY OFBREMERTON, a Washington municipal
corporation ("Buyer"), and K1TSAP COMMUNITY FEDERAL CREDIT UNION, a federally
chartered credit union ("Seller"), for the sale and purchase of real property as follows:
1. PROPERTY. The property, including all improvements and appurtenances situated
thereon, which Buyer agrees to buy and Seller agrees to sell, is commonly known to be located at
1028 Burwell, Bremerton, Washington (the "Property"), and which Property is legally described as:
Lots 8 & 9, Block 22, Town of Bremerton, as per plat recorded in
Volume 2 of Plats, page 30, records of Kit sap County, Washington.
A map indicating the location of the Property is attached as Exhibit A, incorporated herein
by this reference.
2. EARNEST MONEY. N/ A.
3. PURCHASE PRICE. The total purchase price for the Property is One Hundred
Eighty Thousand and No/IOO Dollars ($180,000), 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.
Should any ofthese 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 of title 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
REAL EST A TE PURCHASE AND SALE AGREEMENT
Page 1 of 4
restrictions consistent with CUlTent 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 tern1inate.
7. CLOSING COSTS AND PRO-RATIONS. The cost of escrow shall be shared
equaJly 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, rents,
interest, Association, Condominium and/or Homeowner's fees, water and other utility charges, if any,
shall be pro-rated as of date of closing unless otherwise agreed.
8. CLOSING OF THE SALE. With the understanding that time is of the essencefor
this agreement, this sale shall be closed by which shall also be the
termination date of this agreement unless said closing date is extended in writing by mutual
agreement ofthe 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 ofthis agreement, is defined
as the date that all documents are executed and the sale proceeds are available for disbursement to
the Seller.
9. CASUAL TY LOSS. If prior to closing, improvements on said premises shall be
destroyed or materially damaged by fire or other casualty, this agreement, at option of the Buyer,
shall become null and void.
10. POSSESSION. Buyer shall be entitled to possession on closing.
11. SELLER'S REPRESENTATIONS. Seller represents that:
(a) Seller will maintain the property in present or better condition until time of
agreed possession,
(b) Seller has no knowledge or notice from any governmental agency of any
violation of laws relating to the subject property.
(c) the property is not encumbered by any leases.
12. 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.
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.
13. DEFAULT AND ATTORNEY'S FEES.
(a) Remedies. If either party defaults hereunder, the non-defaulting party shall
have all the rights and remedies available at law or in equity.
REAL EST A TE PURCHASE AND SALE AGREEMENT
Page 2 of 4
(b) Attorney's Fees and Costs. In the event of litigation to enforce any of the
terms or provisions herein, each patiy shall pay all its own costs and attorney's fees.
14. NOTICE TO SELLER. This form contains provisions for an agreement for the
purchase and sale of real estate. Buyer makes no warranZV or representation of any kind that this
form, or any of its provisions, is intended to meet the factual and legal requirements of a patiicular
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 acknow ledges that Seller has or has had the opportunity to consult with an attorney
regarding Sellers rights and obligations in this agreement.
15. 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.
16. 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.
17. NOTICES. All notices required or permitted to be given hereunder shall be in
writing and shall be sent U.S. certified mail, return receipt requested, 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.
18. 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 EST A TE PURCHASE AND SALE AGREEMENT
Page 3 of 4
19. BINDING EFFECT AND SURVIVAL. This Agreement shall be binding upon
paIiies hereto and their respective heirs, successors and assigns; and the terms, conditions and
provisions of this Agreement shall survive the closing of this transaction.
20. 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 patiies to this
Agreement have executed this Agreement as indicated below.
21. EXPIRATION OF OFFER. Seller shall have only until 5:00 p.m. on
.' to accept the purchase and sale agreement as written, by delivering a
signed copy thereof to the Buyer or the Buyer's agent. If Seller does not so deliver a signed copy
within said period, this agreement shall lapse and all right ofthe parties hereunder shall terminate.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date set
forth below.
BUYER:
THE CITY OF BREMERTON
SELLER:
KITSAP COMMUNITY FEDERAL
CREDIT UNION
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\1028 Burwell Purchase\REPSA.doc
REAL EST A TE PURCHASE AND SALE AGREEMENT
Page 4 of 4
-~ A · C · E PS, Inc.
r Appraisal. COllslilting . Environmental Screening
.lune 29, 2007
Mr. Gary Sexton, Director
City of Bremerton Dept. of Economic Development
City of Bremerton
345 6111 Street
Bremerton, W A 98337
RE: KlTSAP FEDERAL CREDIT UNION PARKING LOT- Burwell St West of Warren Ave.
TAX PARCEL NO. 3718-022-008-0003
Dear Gary:
At your request, on behalf of the City of Bremerton, I have completed an analysis of the above property
and have arrived at an estimate of its value.
Scope of Appraisal
My instructions were to estimate the Market Value of the fee simple interest in the subject property in
it's "as is" condition. The value set forth is based on site inspection and analysis of pertinent data
gathered during that inspection. The property was appraised using the recognized approaches to value as
they were applicable. The report is a Restricted Format Report following an oral report of the valuation
conclusions which was made on June 29, 2007. The function of the appraisal is to assist the client in
evaluating the property for possible purchase.
Property Overview
The subject property is made up of2 small platted lots, located 330 feet West of the intersection of
Burwell Street and Warren Avenue, in Bremerton, Kitsap County, Washington. The entire site is
approximately 6,180 square feet in size, approximately 60 x 103. There are no building improvements,
however, the site is covered with asphalt, is striped, and functions as a parking lot. The subject contains
20 spaces including handicap spaces.
AppraisaVReport Type
As there are no improvements other than asphalt located on the subject property, the use of the Cost
Approach is not applicable. The Income Approach is used, however, it is very subjective because actual
income and expense data could not be acquired. The Market Approach is considered the most valid
method of arriving at a supportable estimate of value as it reflects the actions of buyers and sellers in the
marketplace. An estimate of value using two different units of measurement was completed, i.e. a value
per parking space and a value per square foot of site area. This appraisal is intended to conform with
Uniform Standards of Professional Appraisal Practice, as adopted by The Appraisal Foundation, as well
as the professional and ethical standards adhered to by members of the National Association of
Independent Fee Appraisers, of which the author is a member in good standing.
By experience and training I feel competent to complete this assignment.
P.O. 110,3241, Silnnlale. Washill~ton 98383 (360) 692-5081 Fn (360) 692-5126 emailllcepsinc!u.yahoo.coll1
The date of valuation is the date of last visit to the property \vhich was June 15,2007. The property
owner was not present during inspection.
The results of the valuation approaches are as follows:
Cost Approach-
Market Approach-
Income Approach-
Not Used
$ 180,000 - $185,500
$ 162,000
After careful consideration and weighting of the appropriate data, it is my opinion that the "as is" value
of the fee simple interest in the subject property is in a range from $ 162,000 - $ 185,500. The most
probable value given the relative strengths of the approaches is:
ONE HUNDRED EIGHTY THOUSAND DOLLARS
$ 180,000
At the above value estimates, it is my opinion that the subject property could be successfully marketed
for sale within a twelve month time period. If you should have any further questions or require any
additional information at this time, please do not hesitate to contact me. Thank you for the opportunity
to be of service.
Respectfully submitted,
Rick D. Wells, IFAS
WA ST. CERT. GEN. APPR #1100344
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Print Parcel Search Map
Page 1 of I
Kitsap County Parcel Search
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DISCLAIMER: This map is intended for display purposes only and is not intended for
any legal representations.
[Click here to Print]
EXHIBIT A
http://kcwppub3.co.kitsap.wa. us/ParceISearch/PRINT.ASP?CMD=ZOOMOUT &AP AN=... 8/23/2007
\
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BILLtf
AGENDA BILL fr6j-=at3-
CITY OF BREMERTON 5 "
, CITY COUNCIL r-
.........................................................................................
t\lIgll~1 1.1, L\lUI
SUBJECT: Ordinance No. 50~d-
amending Ordinance No. 4991 relating to the
City of Bremerton 's 2007 Annual Budget
Committee Meeting Date:
COUNCIL MEETING Date:
Department:
Presen tel':
Phone:
8/22/2007
9/5/2007
Financial Services
Laura Lyon
473-5722
SUMMARY: The Bremerton City Council adopted the 2007 annual City budget by Ordinance No.
4991 on December 6, 2006. Certain programs have been implemented and actions taken during the
year which have an impact on the City's 2007 budget resulting in the need to amend the 2007 budget
document.
ATTACHMENTS: Ordinance and Discussion Memo with attached fund recaps.
FISCAL IMPACTS (Include Budgeted Amount): Most funds of the City are updated by this
ordinance at a minimum to reflect the actual beginning fund balances. The attached discussion memo
and supporting schedules provide the net fiscal impact to each fund for the proposed changes. Ending
fund balances for the General Fund and Utility Systems meet or exceed the City's Adopted Financial
Goals & Policies expectations as amended by this ordinance. Gold Mountain Golf continues to not
meet the target ending fund level and is proposed to be updated for actual beginning fund balances
only.
APPROV ALS:
DEPARTMENT DIRECTO
CITY ATTORNEY:
FINANCE DIRECTOR:
MA YOR:
COMMITTEE CHAIR
COUNCIL PRESIDENT:
CONSENT AGENDA
GENERAL BUSINESS 0
PUBLIC HEARING 0
RECOMMENDED MOTION: Move to approve Ordinance No. 50Jd-amending Ordinance
No. 4991 relating to the City of Bremerton's 2007 Annual Budget.
COlJNCIL ACTION: 0 Approve 0 Deny 0 Table
o Continue 0 No Action
ORDINANCE NO. ~
AN ORDINANCE of the City Council of the City of
Bremerton, Washington,'amending Ordinance No. 4991 relating to
the City of Bremerton Fiscal Year 2007 Budget.
WHEREAS, the City Council passed the Fiscal Year 2007 City Budget Ordinance
(Ordinance No. 4991) on December 6,2006; and
WHEREAS, all of the funds of the City of Bremerton with the exceptions of the
Naval Museum - Fund 107, and SW Bremerton Sewer Construction - Fund 452 require
amendment to adjust beginning fund balances to actuals per the 2006 end-of-year financial
reports; and
WHEREAS, the City Council has previously amended the budget by various
motions and resolutions subsequent to December 6, 2006 which require a formal amendment by
Ordinance; and
WHEREAS, several City Departments and Funds are experiencing or anticipate
additional expenses due to factors such as moving and relocation ofthe police, municipal court,
and Naval Museum, and additional unemployment expenses; and
WHEREAS, several City Departments and Funds require adjustment to revenues
and expenditures to reflect delayed programs that result in reduced activity in 2007 and which
will be provided for in the proposed 2008 budget; and
WHEREAS, certain reclassifications of revenues and expenditures are required to
properly reflect budget categories in a manner consistent with actuals as classified in accordance
with Generally Accepted Accounting Principles; and
WHEREAS, each of these actions has an impact on the City of Bremerton's FY
2007 Annual Budget resulting in the need to amend this Budget document;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
SECTIONl. Ordinance 4991 establishing the City of Bremerton's 2007 Budget
passed by the City Council on December 6, 2006, is hereby amended as follows:
2007 Mid Year Budget Amendment
Fund No. Original 2007 Budget Net Adjustments Amended 2007 Budget
001 General Fund
City Council $ 294,310 $ $ 294,310
Executive 318,858 50,000 368,858
FinanCial Services 1,240,517 150,000 1,390,517
Legal 636,811 55,000 691,811
Human Resources 469,840 469,840
Community Development 1,248,857 1,248,857
Municipal Court 1,026,984 112,000 1,138,984
City Auditor 146,041 146,041
Law Enforcement 9,834,991 213,900 10,048,891
Fire/Emergency Services 6,824,622 198,631 7,023,253
General Facilities 1,066,724 95,400 1,162,124
Parks & Recreation 3,148,314 177,055 3,325,369
Engineering 517,486 50,000 567,486
Economic Development 151,513 10,000 161,513
Non-Department 5,387,172 4,000 5,391,172
Ending Fund Balance 2,758,067 692,886 3,450,953
Total General Fund $ 35,071,107 $ 1,808,872 $ 36,879,979
101 Arterial Street 16,170,360 (888,533) 15,281,827
102 Street 3,154,642 279,349 3,433,991
103 Contingency Reserve 2,790,846 265,911 3,056,757
104 Civic Improvement 395,671 142,829 538,500
105 Parking System 2,338,013 10,470 2,348,483
106 Community Development Block Gr< 1,862,356 (9,918) 1,852,438
107 Naval Museum 41,000 6,000 47,000
108 Abatement Revolving 101,873 70,202 172,075
110 Police Special Projects 247,637 319,259 566,896
113 Public Access Television 507,822 35,488 543,310
114 Gift & Donation Fund 69,698 65,263 134,961
116 Trial Improvement 19,200 516 19,716
117 One Percent For Arts 72,088 49,956 122,044
120 Conference Center Operating 2,133,267 242,850 2,376,117
201 Bond Fund 2,300,719 160,067 2,460,786
302 Public Safety Bond 1,434,956 1,492,315 2,927,271
303 Harborside Park 314,018 2,686,328 3,000,346
308 General Government Capitallmpro' 2,703,818 716,759 3,420,577
309 Pedestrian/BTC Access 156,000 467,243 623,243
310 Park Facilities Construction 2,126,930 333,726 2,460,656
311 Boardwalk Project 1,110,000 83,895 1,193,895
401 Water Utility 14,986,489 3,503,278 18,489,767
407 Golf Mountain Golf 4,114,553 (58,311) 4,056,242
451 Wastewater Utility 25,543,709 (4,937,998) 20,605,711
452 SW Bremerton Sewer Construction 4,456,442 4,456,442
481 Stormwater Utility 2,288,947 515,515 2,804,462
499 Utility Debt Reserve 582,374 (6,515) 575,859
503 Risk Management 2,520,504 72,894 2,593,398
510 Equipment Rental Reserve 7,623,838 363,621 7,987,459
511 Information Services 1,045,153 82,649 1,127,802
601 Police & Fire Pension 2,589,063 47,380 2,636,443
Total All funds $ 136,416,651 $ 12,377,802 $ 148,794,453
Personnel $ 33,191,407 $ 286,702 $ 33,478,109
Supplies, Services & Taxes 25,619,419 1,298,091 26,917,510
Capital Expenditures 31,617,311 (2,497,052) 29,120,259
Debt Service 9,355,175 485,000 9,840,175
Transfers 11,697,407 666,480 12,363,887
Ending Fund Balance 24,935,932 12,138,581 37,074,513
$ 136,416,651 $ 12,377,802 $ 148,794,453
2 2007 Mid Year Budget Amendment
SECTION 2. That the totals for the funds noted in Section 1 above and as set
forth in Attachment A "2007 Revenue Sources - All Funds" and "2007 Expenditures - All
Funds", are hereby appropriated for the fiscal year 2007.
SECTION 3. Severabilitv. If anyone or more sections, subsections, or
sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not
affect the validity of the remaining portion of this Ordinance and the same shall remain in full
force and etJect.
SECTION 4. Effective Date. This ordinance shall take etJect 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
,2007
WILL MAUPIN, Council President
Approved this
day of
,2007
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
,2007
,2007
R:\LEGAL\Ordinances\Finance\07 amending budget ordinance.doc
3 2007 Mid Year Budget Amendment
A IT ACHMENT A - ORDINANCE NO.
2007 I~EVENUE SOlil{CES - ALL FUNDS
BEG Lie. INTER- CHARGES FINES 2007
2006 FlIND AND GOV'T "'OR AND OTHER TOTAL
FlIND BUDGET BAL TAXES PERMITS REVENUE SERVICE FORFEITS REVENUE BUDGET
General Fund:
City Council 77,747 89,141 89,141
Executive 113,993 91,311 91,311
Financial Services 4,269,961 4,010,000 328,600 301,253 5,000 4,644,853
Legal 149,867 150,718 150,718
Hwnan Resources 130,665 155,590 155,590
Community Development 836,300 480,900 35,000 376,300 892,200
Municipal Court 779,200 331,700 478,300 25,000 835,000
City Auditor 41,214 44,680 44,680
Law Enforcement 601,686 3,400 501,419 88,220 15,000 51,500 659,539
FirelEmergency Medical 1,499,693 936,560 202,414 618,670 1,000 6,842 1,765,486
General Facilities 330,884 67,997 354,800 422,797
Parks 653,400 458,050 243,500 701,550
Engineering 25,500 55,000 3,500 58,500
Economic Development 0 25,000 25,000
Non-Departmental 20,301,131 17,937,300 141,050 478,857 12,000 486,260 2,880,039 21,935,506
Beginning Fund Balance 3,541,265 4,408,108 4,408,108
Total General Fuad 33,352,506 4,408, I 08 22,883,860 1,008,950 1,217,690 2,789,130 980,560 3,591,681 36,879,979
Soecial Revenue Fundi:
Arterial Street 12,974,445 7,403,412 7,438,415 440,000 15,281,827
Street 2,953,212 289,054 360,000 610,503 344,300 1,830,134 3,433,991
Contingency Reserve 5,135,596 2,079,107 977,650 3,056,757
Civic Improvement 360,671 238,000 300,000 500 538,500
Parking System 2,382,057 249,983 1,500 340,000 1,757,000 2,348,483
Comm. Dev. Block Grant 4,702,093 513,082 1,166,356 150,000 23,000 1,852,438
Naval Musuem 0 47,000 47,000
Abatement Revolving Fund 101,873 137,575 14,500 20,000 172,075
Police Special Projects 294,335 441,896 35,000 90,000 . 566,896
Public Access Television 329,275 (8,997) 150,010 145,342 105,955 151,000 543,310
Gift & Donation Fund 93,252 100,111 550 34,300 134,961
Triallmprovement 9,600 10,116 9,600 19,716
One Percent for Arts 82,118 51,913 70,131 122,044
Conference Centa Oper 1,915,276 191,735 1,226,382 958,000 2,376,117
Total Spec. Rev, Funds 31,333,803 11,696,987 810,010 145,342 9,224,874 1,843,187 375,000 6,398,715 30,494,115
Debt Service Funds:
Bond Fund 2,395,069 418,036 1,050,810 991,940 2,460,786
Total Debt Service Funds 2,395,069 418,036 1,050,8]0 0 0 0 0 991,940 2,460,786
Caoitallmorovement Funds:
Public Safety Bond 6,990,126 2,027,271 900,000 2,927,27]
Harborside Pm 6,531,005 1,357,525 1,205,170 437,651 3,000,346
General Govt Cap Imp 2,634,018 1,593,127 1,400,000 387,450 40,000 3,420,577
Pedestrian/BTC Access 2,280,919 42,243 581,000 623,243
Park Facilities ConstructiOl 1,491,146 789,882 1,245,170 425,604 2,460,656
Boardwalk Project 603,250 269,425 924,470 1,]93,895
Tot. Cap. Proj, Funds 20,530,464 6,079,473 1,400,000 0 3,418,790 0 0 2,727,725 13,625,988
A IT ACHMENT A . ORDINANCE NO. .
2007 HEVENlJf. SOtJRCES - ALL FUNDS
BEG Ue. INTER- CHARGES FINES 2007
2006 FUND AND GOV'T FOR AND OTHER TOTAL
FUND BliDGET BAL TAXES PERMITS REVENUE SERVICE FORFEITS REVENUE BUDGET
Enternrise Funds:
Water Utility 15,462,849 5,660,009 10,020,762 2.808,996 18,489,767
Wastewater Utility 17,110,620 2,679,450 60,000 280,868 12,778,183 4,807,210 20,605,711
Stormwater Utility 2,485,677 1,008,881 1,735,581 60,000 2,804,462
SW Bremerton Sewer 0 0 4,456,442 4,456,442
Gold Mountain Golf Comp 3,898,392 340,242 3,617,000 99,000 4,056,242
Utility Debt Reserve 564,374 557,859 18,000 575,859
Total Enterprise Funds 39,521,912 10,246,441 60,000 0 280,868 28,151,526 0 12,249,648 50,988,483
Inter.al Servin FURds:
Risk Management 2,936,401 1,380,428 1,212,970 2,593,398
Equipment Rental Reserve 6,575,676 4,780,184 1,667,858 1,539,417 7,987,459
Information Services 1,038,938 259,649 843,153 25,000 1,127,802
Totallnteraal Servin Fu 10,551,015 6,420,261 0 0 0 2,511,011 0 2,777,387 11,708,659
Trult &: Alleacv Funds
Police & Fire Pension 2,420,959 109,443 43,000 2,484,000 2,636,443
Total Trust &: Agency 2,420,959 109,443 0 0 43,000 0 0 2,484,000 2,636,443
Total All Funds 140,105,728 39,378,749 26,204,680 1,154,292 14,185,222 35,294,854 1,355,560 31,221,096 148,794,453
Revenue Sources - All Funds
Fines & Forfeits
$1,355,560
1%
Other Revenue
r $31,221,096
I
I 21%
i
Intergovernmental
$14,185,222
10%
Beginning Fund
Balance
$39,378,749
25%
Charges for Service
$35,294,854
24%
Licenses & Permits
$1,154,292
1%
Taxes
'. . $26,204,680
18%
A IT ACHMENT A - ORDfNANCE NO.
2007 EXPENDITliRES - ALL FUNDS
2006 SIJPPLlES & DEBT CAPITAL ENDING 2007
FlJND BUDGET PERSONNEL SERVICES SERVICE OUTLAY TRANSFERS FUND BAL BIJDGET
Genenl Fuod
Genual Govunment
City Council 278,943 264,230 30,080 294,310
Executive 288,086 223,468 145,390 368,858
Financial Services 1,309,365 893,918 496,599 1,390,517
Legal Department 590,468 411,140 280,671 691,811
Hwnan Resources 404,284 352,125 117,715 469,840
Community Development 1,115,355 1,01l,653 219,704 17,500 1,248,857
Municipal Court 910,116 736,474 402,510 1,138,984
City Auditor 132,096 127,061 18,980 146,041
Law Enforcement 9,122,450 7,474,068 2,381,068 193,755 10,048,891
Fin;/Emergency Medical 6,433,521 6,091,248 932,005 7,023,253
General Facilities 989,085 143,952 686,372 331,800 1,162,124
General Parks 2,795,549 2,164,118 1,095,810 20,496 44,945 3,325,369
Engineering 460,977 380,710 186,776 567,486
Economic Development 124,282 95,993 65,520 161,513
Non-Dc:partmental 5,815,537 115,000 1,192,387 409,945 3,673,840 5,391,172
Ending FlUId Balance 2,582,392 3,450,953 3,450,953
Total General Fund 33,352,506 20,485,158 8,251,587 430,441 570,500 3,691,340 3,450,953 36,879,979
SD<<lal Revenue FaDd.:
Arterial Street 12,974,445 20,250 307,250 7,476,000 7,478,327 15,281,827
Street 2,953,212 1,649,949 1,433,989 48,634 204,101 97,318 3,433,991
Contingency Reserve 5,135,596 1,959,774 1,096,983 3,056,757
Civic Improvement 360,671 145,114 59,886 180,000 153,500 538,500
Parking System 2,382,057 43,155 559,000 78,500 1,529,600 138,228 2,348,483
Comm. Dev. Block Gnuit 4,702,093 160,778 1,473,360 218,300 0 1,852,438
Naval Museum 47,000 0 47,000
Abatement Revolving 101,873 3,000 31,500 137,575 172,075
Police Special Projects 294,335 142,000 45,000 50,000 329,896 566,896
Public Access Television 329,275 217,486 57,197 241,352 20,000 7,275 543,310
Gift & Donations Fund 93,252 52,024 82,937 134,961
Trial Improvement 9,600 3,000 15,000 1,716 19,716
One Percent for Arts 82, 118 1,000 70,000 51,044 122,044
Conference Center Oper 1,915,276 146,606 1,500,794 506,250 45,000 177,467 2,376,1I7
Total Spec. Rev. FUDds 31,333.803 2,241,224 5,753.228 614.770 8,174,953 3.957,674 9,752,266 30,494,115
Debt Service Fund:
Bond Fund 2,395,069 2,042,750 418,036 2,460,786
Total Debt Serviee Fuods 2,395,069 0 0 2,042,750 0 0 418,036 2,460,786
CaDitallmoronmeat Fundi:
Public Safety Bond 6,990,126 1,523,139 1,404,132 2,927,271
Harborside Park 6,531,005 3,000,346 0 3,000,346
General Govt Cap Imp 2,634,018 322,450 436,000 2,481,800 180,327 3,420,577
PedestrianlBTC Access 2,280,919 581,000 42.243 623,243
Park Facilities Construction _. I ,4~-' ,.146 - - - - --- 45,000 ... . 13,165 _2,1!2,670 _2~1l~8~1 2,46(),65(i
Boardwalk Project 603,250 1,110,000 83,895 1,193,895
Tot Cap Improv. Fuodl 20,530,464 0 367,450 13,165 8,763,155 2,481,800 2,000,418 13,625,988
A IT ACHMENT A - ORDINANCE NO.~~_
2007 EXPf~NDITlH~ES - ALL FUNDS
2006 SUPPLIES &: DEBT CAPITAL ENDING 2007
FUND BUDGET PERSONNEL SERVICES SERVICE OUTLAY TRANSFERS FUND BAL. BUDGET
Enterprise Funds:
Water Utility 15,462,849 3,356,745 3,516,203 1,137,029 3,735,704 826,412 5,917,674 18,489,767
Wastewater Utility 17,110,620 2,778,497 2,700,351 4,962,408 5,417,940 1,111,268 3,635,247 20,605,711
Stonnwater Utility 2,485,677 840,805 599,465 16,966 464,000 246,759 636,467 2,804,462
S W Bremenon Sewer 0 506,000 3,950,442 4,456,442
Gold MOImtain GolfCompl 3,898,392 86,620 2,909,504 622,646 97,201 340,271 4,056,242
Utility Debt Reserve 564,374 575,859 575,859
Total Enterprise Fundi 39,521,912 7,062,667 9,725,523 6,739,049 10,220,845 2,184,439 15,055,960 50,988,483
Internal Servi~e Funds:
Risk Management 2,936,401 431,365 978,670 1,183,363 2,593,398
Equipment Rental Reserve 6,575,676 505,307 1,132,717 1,310,806 48,634 4,989,995 7,987,459
Infonnation Services 1,038,938 461,488 410,685 80,000 175,629 1,127,802
Totallnt. Sve. Funds 10,551,015 1,398,160 2,522,072 0 1,390,806 48,634 6,348,987 11,708,659
Trult " A2enev Fuad
Police & Fire Pension 2,420,959 2,290,900 297,650 47,893 2,636,443
Total Trult " Ageney 2,420,959 2,290,900 297,650 0 0 0 47,893 2,636,443
Tot. Non-General Fundi 106,753,222 12,992,951 18,665,923 9,409,734 28,549,759 8,672,547 33,623,560 111,914,474
Total AU Fllnds 140,105,728 33,478,109 26,917,510 9,840,175 29,120,259 12,363,887 37,074,513 148,794,453
Expenditures - All Funds
Transfers
$12,363,887
8%
Ending Fund
Balance
$37,074,513
25%
Debt Service
$29,120,259
20%
Personnel
'. ... $33478109
, ,
22%
Capital Outlay I
$9,840,175 J
7010
Supplies &
Services
$26,917,510
18%
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"".,A ...,,1,....'. "C"""''''. Memorandum
i. ." > '-~. ,.... r. ~.: - ," ,. ;
To:
City Council
Mayor Cary Bozeman /
Laura Lyon, Director of Financial service~
/
From:
Re:
2007 Mid-Year Budget Amendments
Date:
August 15,2007
The City adopted the 2007 budget by Ordinance No. 4991. As we review the
financial results through the second quarter of 2007 and begin the ,process of
developing the proposed 2008 budget, iUs a good time to project and revise the
revenue and expenditure expectations for the remainder of the year. Enclosed
is a proposed mid-year budget amendment ordinance and supporting schedules.
There are sufficient funds to cover the proposed additional expenditures from the
respective fund balances. The General Fund, Water, Wastewater, and
Stormwater Utilities all meet the ending fund balance requirements of the City's
adopted Financial Goals & Policies after implementation of the proposed budget
adjustments. The Gold Mountain Golf Fund did not meet the target ending fund
balance levels in the 2007 budget as originally adopted and continues to not
meet the target fund balance levels; however, the only adjustment proposed for
this fund is to update the beginning fund balance to the amount actually
experienced by the City. There are a variety of issues addressed in the
amendments. Some of the more significant items include:
· Incorporation of actual beginning fund balances
· Formally adopt and incorporate previous 2007 budget changes approved
by council action
· Increase Unemployment Compensation Expense in the General Fund
Miscellaneous Non-Departmental Budget by $20,000 to cover additional
expenses incurred and projected for the remainder of 2007 above the
original budget expectations
2006 Mid-Year Budget Amendment
Page 1 of 4
o Increase revenues and expenditures in the General Fund (8&0 tax
revenues and outside services) by $150,000 to allow payment to Tax
Recovery Services for 8&0 tax audits that have yielded payments of back
taxes for the City.
o Increase the General Fund's Municipal Court budget for court security
($50,000) which is offset in part by a reduction of personnel expenses
related to the delayed implementation of the photo enforcement program
($25,000 reduction), and increasing supplies and services for the court to
cover the temporary building location rent and parking lot lease ($87,000).
· Increase the General Fund's General Facilities budget for additional
allocated labor ($23,000) for extra work to move police and the municipal
court, and supplies and services for building costs related to old City hall
prior to closing the sale of that property and costs associated with moving
and making ready the police building and court ($45,500). The
Stormwater Utility budget is amended by an offsetting labor allocation
reduction ($23,000) for the redistribution of labor efforts to General Fund
work.
· Increase the supplies & services for the General Fund's Economic
Development Department for requested additional signage (two of them)
at the City's entryway points ($10,000)
· Decrease revenues ($550,000) and expenditures ($290,000) in the
General Fund's Non-Departmental budget for the delayed implementation
of the photo enforcement program from mid second quarter to the fourth
quarter of 2007.
· Increase the General Fund's Non-Departmental budget for additional
transfers to the Naval Museum Fund to cover additional rent expense due
the delayed move to Building 50 from original timelines and expectations
($6,000). The Naval Museum Fund budget is similarly amended to
include the additional transfer in and the additional supplies and services
expenditures, accordingly.
· Increase interest earnings revenue for the Arterial Street fund ($300,000)
to reflect earnings received to date in 2007 and projected for the
remainder of the year - in excess of budget expectations.
· Increase the Contingency Reserve Fund revenues for the proceeds of the
Capital Hill Fire Station sale ($253,000) which was not anticipated in the
2007 budget as adopted.
· Adjustment to reduce the Community Development Block Grant Fund
expenditures ($27,918) in recognition of the lower beginning fund balance
for this fund in 2007 than was originally anticipated in the adopted 2007
budget.
2007 Mid-Year Budget Amendment
Page 2 of 4
· Adjustment to the Public Access Television (BKA T) Fund revenues and
expenditures to reflect the finalized Comcast franchise results and to
recognize the delayed adoption of the new agreement from the time line
and expectations of the budget as adopted. Capital contributions are
increased ($150,000) to recognize the amounts received for the studio
relocation. Franchise fee payments are reduced ($103,958) to reflect the
much later implementation of the franchise agreement than was
anticipated. Supplies and services expenditures are reduced ($18,648)
due to reduced operating income from the delayed implementation of the
agreement. Capital expenditures are increased ($58,000) to incorporate
revised capital expenditure expectations for 2007 for the addition of the
studio relocation and building expansion work.
· Increase revenues ($9,600) and expenditures ($9,600) in the Gift and
Donation Fund for donations received and expenses incurred for the
Harborside Park grand opening.
· The Public Safety Projects Fund requires adjustments in revenues to
reflect additional interest earnings received from fund balances not being
drawn down as quickly as originally anticipated ($25,000). In addition,
capital expenditures are reduced ($400,000) to reflect moving up the final
fire department equipment purchases from 2008 to 2007 for fuel pump
card readers ($25,000) and the shifting of Municipal Court building project
costs into 2008 from 2007 ($425,000). The projected ending fund
balance for 2007 represents the remaining budget available for the
Municipal Court building project expected to be addressed in 2008.
· The Harborside Park capital fund requires adjustments in revenues and
expenditures to reflect funding sources ($30,651) and work ($190,990)
that rolled forward from 2006 into 2007. In addition revenue adjustments
are required for increased interest earnings received above what was
anticipated ($12,000) and additional receipts from Department of
Transportation above what was budgeted for in 2007 ($20,000).
· An adjustment is required in the Pedestrian/BTC Access Fund to
increases both revenues and expenditures ($425,000 each) to recognize
contracted work obligations that are fully reimbursable to the City.
.. Increase the interest earnings revenue for the Boardwalk Project fund
($30,000) to reflect earnings received to date in 2007 and projected for
the remainder of the year - in excess of budget expectations.
· The Water Utility fund requires adjustment to increase revenues for
receipts of connection fees in 2007 which are significantly exceeding
budget revenue expectations ($700,000), capital contributions which also
are significantly exceeding budget expectations ($750,000), to recognize
trust fund loan proceeds ($80,000) not anticipated in the 2007 budget as
2007 Mid-Year Budget Amendment
Page 3 of 4
adopted, and to record bond proceeds received related to the refunding of
the 2005 ULlD Revenue Bonds ($372,000). Expenditures in the Water
Utility fund require adjustment to cover the additional debt service
expenditures related to the refunding of the 2005 ULlD Revenue Bonds
($360,000).
o The Wastewater Utility fund requires adjustment to increase revenues for
receipts of lechate hauling and dumping fees received in 2007 which are
significantly exceeding budget revenue expectations ($143,525) and
capital contributions which also are significantly exceeding budget
expectations ($365,000). Revenues from intergovernmental sources are
reduced ($2,700,000) for EPA Grant Funding related to the upgrade of
the WWTP which is delayed and shifting from 2007 into 2008. Capital
expenditures for the WWTP upgrade are also reduced ($3,600,000) in
recognition of the shifting and rebudgeting of this work in 2008. The
remaining adjustments in Wastewater Utility fund are related to removing
the budgeted revenues ($2,953,000) and expenditures ($3,500,000) for
the 2007 bond financing so that they may be properly budgeted for in the
newly established SW Bremerton Sewer Construction fund. Debt service
expenditures are increased ($31,000) to reflect the finalized bond
issuance debt service requirements.
· The ordinance authorizing the issuance and sale of the 2007 Water and
Sewer Revenue Bonds created a new construction fund - SW Bremerton
Sewer Construction (Fund 452). A budget amendment is required to
reflect the receipt of the bond issue proceeds as finalized ($4,456,442) in
revenues and to provide for capital expenditures ($506,000) expected to
be incurred during the remainder of 2007 on this project.
,/
· Other miscellaneous adjustments and accounting expense/revenue
category reclassifications as indicated in the attached supporting
schedules.
I have reviewed these adjustments with the Mayor and will be covering this with
the Finance Committee on August 22,2007. The proposed adjustments a-re
scheduled to be reviewed by the full City Council on August 22nd, with action
anticipated on September 5,2007.
Cc: Cathy Johnson
Caroline Tompson
2007 Mld-Yem Budget Amendment
Page 4 of 4
CITY OF BREMERTON
200? ANTICIPATED REVENUES. EXPENDITURES AND CHANGES IN FUND BALANCE
GENERAL FUND
For the Year Ended December 31. 2007
REVENUES
Taxes
Property
Sales
Other
Licenses and Pellllits
Intergovernmental
Charges for Services
Fines and Forfeitures
Miscellaneous
Tmnsters in
Total Revenues
EXPENDITURES
Personnel Expenses
Supplies, Services, and Taxes
Capital Expenditures
Debt Service
Trans fers Out
Total Expenditures
CHANGES IN FUND BALANCE
Net change in fund balances
Fund Balances-beginning
Fund Balances-ending
Original
Budget
2007
$ 6,595.860
6.660.000
9,478,000
1.001\,950
925.276
2,751\,030
1,530,560
366,600
3,091,439
32,414,715
20,276,737
7,809,567
378,955
430,441
3,417,340
32,313,040
101,675
2,656,392
$ 2,758,067
GENERAL FUND EXPENDITURES BY DEPARTMENT
City Council
Executive
Financial Services
Legal Department
Human Resources
Community Development
Municipal Court
City Auditor
Police Department
Fire Department
General Facilities
Parks & Recreation
Engineering
Econonomic Development
Non-Departmental
Total Expenditures
$ 294,310
318,858
1,240,517
636,811
469,840
1,248,857
1,026,984
146,041
9,834,991
6,824,622
1,066,724
3,148,314
517,486
151,513
5,387,172
$ 32,313,040
Actuals Thru
June 30, 2007
$ 3.751,500
3,345,794
5,341,309
583,706
474,446
1,355,585
262,130
300,967
1,338,741
16,754,178
9,982,955
4,108,877
111,586
260,792
1,742,253
16,206,463
$
547,715
4,408, I 08
4,955,823
Proposed
Rev ised
Budget
2007
$ 6,595,1\60 $
6.660,000
9,628,000
1,008,950
1.217,690
2,71\9,130
980,560
392,442
3,199,239
32,471,871
20,502,158
8,228,387
576,700
430,44 I
3,691,340
33,429,026
$
(957,155)
4,408, I 08
3,450,953 $
Adj Required
From The
Original Budget
2007
150,000
292,414
31,100
(550,000)
25,842
107,800
57,156
225,421
418,820
197,745
274,000
1,115,986
(1,058,830)
1,751,716
692,886
$
50,000
150,000
55,000
112,000
$
213,900
198,631
95,400
177,055
50,000
10,000
4,000
1,115,986
144,775
178,288
664,490
323,422
212,073
535,911
546,486
68,484
4,937.674
3,546,243
466,321
1,486,661
229,454
71,824
2,794,357
$ 16,206,463
294,310
368,858
1,390,517
691,811
469,840
1,248,857
1,138,984
146,041
10,048,891
7,023,253
1,162,124
3,325,369
567,486
161,513
5,391, 172
$ 33,429,026
The target ending fund balance is 8.5% of annual expenditures excluding capital. The target fund balance for the 2007 budget as
originally adopted was $2,714,397. The target fund balance for the 2007 budget as proposed to be amended is $2,792,448. The
actual ending fund balance after the proposed amendments is $3,450,953 which exceeds the revised target amount by $658,505.
This additional amount will be carried forward into the 2008 budget - providing for the ariticipated increase in operating reserves
required in 2008 ($200,000 increase anticipated), and to cover planned 2008 capital expenditures for Fire ($332,000 - SCBA plus
Other Equipment) and Police ($77,000 - In-Car Video Equipment) both as described in the currently adopted Capital Improvement
Plan for 2008.
FUND 001
Page 1 of 2
CITY OF BREMERTON
200? ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE
GENERAL FUND
For the Year Ended December 31,2007
BudlZet Adiustments:
Adjust Beginlllng Fund Balanee to Actual
Items Pn:viouili:-illJJ)roved QyS'..!1\!ru;iLL6gruda BjJllIlQ!" Fin!lIle~COImnittee
Revenue - Increase Miscellaneous Revenues f,'r Insurance Company E4uipment Grant (Finance Committee approval)
E\penditure - Increase Supplies & Services for Equipment Purchased frolillnsurance Equipment Grant Revenue (Finance ConlIn
Expenditure - Increase Supplies & Services t,'r Consultant Fees on Non-MotOlized Transpol1ation Plan (AB 07-(04)
Revenue - Increase Transfer In from CDBG fi)r Pool Skylights (AB 07-(23)
Expenditure - Increase Supplies & Services tiJr Pool Skylights (AB 07-023)
Expenditure - Increase Supplies & Services fill' Additional Storage & Equipment in New Police Facility (AB 07-(44)
Expl'nditure - Increasl' Pl'rsonnel Expenses for Reallocation of .50 FTE Split -Legal & Risk Mgmt Dep!. (50% l'ach) AB 07-062
Expenditure - Reduce Supplies and Services for Reallocation of .50 FTE split Legal & Risk Mgmt Dep!. (50% each) AB 07-062
Expenditure - Increase Professional Services for contract with Conservation Technix fill' long range park plan (AB 07-050)
Expenditure - Increase Professional Services for City Communication Plan - Executive Department (AB 07-(75)
Expenditure - Increase Trdnsfer Out for CDBG (AB 07-1(4)
Revenue - Increase for contracted lire protection services with Handlers Racing Associaiton (AB 07-116)
Expenditures - Increase OT Personnel Costs for contracted fire protection services for Handlers Racing Assoc. (AB 07-116)
Expenditures - Increase Transfer Out to Bond Fund for additional principal payment (AB 07 -102)
Expenditures - Increase Transfer Out to Arterial Street fund tor street paving program (AB 07 -1(3)
Revenues - Increase Grant Revenues for 2006 Budget Carryover items (AB 07-101)
Revenues - Increase Transfer In for 2006 Budget Carryover items (AB 07-101)
Expenditures - Increase Capital Expense for 2006 Budget Carryover items (AB 07-10 I)
Expenditures - Increase Supplies & Services for 28 pole mounted flower baskets on Callow (AB 07-(25)
Exp~nditures -Increase Personnel Expenses for Fire Dep!. due to change in pay differentials (AB 07-155)
Revenues - Increase Charges for Services for work perfonned on Harborside Park (AB-07-180)
Expenditures - Increase Supplies & Services & Capital for Harborside Park outdoor fumiture & lawn mower (AB 07-180)
Expenditures - Increase Prof. Selvices budget in Legal Dept for uniquely experienced outside counsel. (AB 07-162)
Revenues - Increase Intergovemmental for South Kitsap Fire & Rescue first response exchange (AB 07-065)
Expenditures - Increase Personnel Expenses for overtime associated with South Kitsap Fire & Rescue (AB 07-065)
Revenues - Increase Miscellaneous Revenues in Parks Dept for Lions Club Donation for Picnic Shelter (AB 07-198)
Expenditures - Increase Capital Exp Parks Dept for Picnic Shelter Construction Funded by Lions Club (AB 07- I 98)
New Items Not Previouslv Approved bv Council
Revenue - Increase B&O Tax Revenue for Tax .Audit Recovery
Expenditure - Increase Supplies & Services for Finance to Cover TRS B&O Tax Audit Fees (covered by revenues)
Expenditure - Decrease Personnel Expense (other labor) for Municipal Court due to Delay in Photo Enforcement Implement
Expenditure - Increase Supplies & Services for Municipal Court Building Security Contract
Expenditure - Increase Supplies & Services for Municipal Court Building and Parking Lot Rent
Expenditure - Increase Supplies & Services for Police to Reclass Items from Capital to Expense Where Properly Classified
Expenditure - Decrease Capital Expenditures lor Police to Reclass Items from Capital to Expense Where Pmperly Classified
Expenditure - Increase Supplies & Services for Police Transfening Utility Expense for Burwell Bldg Site from Gen Facilities
Expenditure - Decrease Supplies & Services for General Facilities Transfening Utility Expense for Burwell Bldg Site to Police
Expenditure - Increase Personnel Expense for General Facilities for Additional Allocated Labor Hours on Special Projects
Expenditure - Increase Supplies & Services for General Facilities for Old City Hall Bldg Expenses Prior to Ownership Transfer
Expenditures - Increase Supplies & Services for General Facilities for New Police Bldg Move & Make Ready Expenses
Expenditures - Increase Supplies & Services for Economic Development lor 2 Additional Signs at City Entryway Points
Expenditures - Increase Personnel Expense lor Non-Dept fill' Projected Unemployment In Excess 01'2007 Budget Expectations
Revenues - Decrease Fines & Fori'eitures Due to Delayed Implementation of Photo Enforcement Program
Expenditures - Decrease Supplies & Services Non-Dept lilr Photo Enlorcement Contmct Costs - Delayed Implementation
Expenditures - Increase Transfers Out Non-Dept to Naval Museum Fund - Additional 2007 Rent Expense From Delayed Move
Net adjustment to ending fund balance required
FUND 001
Page 2 of 2
1.751.716
6.842
(6.842)
(50JJOO)
50,000
(50,000)
(58,000)
( 15,632)
15,632
(61.610)
(50,000)
( 18,000)
18,000
( 18,(00)
(125,000)
(125,000)
125,000
57.800
(208,745)
(7,400)
(6,375)
13,1 00
(13, I 00)
(55,000)
167,414
(167,414)
19,000
(19,000)
150,000
( 150,000)
25,000
(50,000)
(87,000)
(53,200)
53,200
(30,900)
30,900
(23,000)
(29,500)
(16,000)
(10,000)
(20,000)
(550,000)
290,000
(6,000)
$
692.886
CITY OF BREMERTON
~()07 ANTICIPATED REVENUES. EXPENDITURES AND CHANGES IN FUND BALANCE
ARTERIAL STREET FUND
For the Year Ended December 31.2007
Proposed Adj Required
Original Revised From The
Budget Actuals Thru Budget Original Budget
2007 June 30, 2007 2007 2007
REVENUES
Taxes
Property $ $ $ $
Sales
Other
Licenses and Permits
Intergovernmental 7,438,415 207,168 7,438,415
Charges for Services
Fines and Forfeitures
Miscellaneous 198,034 300,000 300,000
Transfers in 140,000 110,792 140,000
Total Revenues 7,578,415 515,994 7,878,415 300,000
EXPENDITURES
Personnel Expenses
Supplies, Services, and Taxes 127,500 222,397 327,500 200,000
Capital Expenditures 7,676,000 996,947 7,476,000 (200,000)
Debt Service
Transfers Out
Total Expenditures 7,803,500 1,219,344 7,803,500
CHANGES IN FUND BALANCE
Net change in fund balances (225,085) (703,350) 74,915 300,000
Fund Balances-beginning 8,591,945 7,403,412 7,403,412 (1,188,533)
Fund Balances-ending $ 8,366,860 $ 6,700,062 $ 7,478,327 $ (888,533)
Budeet Adiustments:
Adjust beginning fund balance to actual
Items Previouslv Approved bv Council (Agenda Bill #)
New Items Not Previously Approved bv Council
Revenue - Increase Interest Earnings
Expenditure - Reallocation and reduction of construction expenditures.
Expenditure - Reallocation and increase in Supplies & Services for ROW expenditures.
Net adjustment to ending fund balance required
FUND 101
$
(1,188,533)
300,000
(200,000)
200,000
$
(888,533 )
CITY OF BREMERTON
~007 ANTICIPATED REVENUES. EXPENDITURES AND CHANGES IN FUND BALANCE
STREET FUND
For the Year Ended Deccmber 31.2007
Proposed Adj Required
Original Revised From The
Budget Actuals Thru Budget Original Budget
~007 June 30, 2007 2007 2007
REVENUES
Taxes
Property S $ $ $
Sales
Other (parking tax) 360.000 141.669 360,000
Licenses and Pernlits
Intergovernmental (fuel tax) 610,503 289,705 610,503
Charges for Services 344,300 288,611 344,300
Fines and Forfeitures
Miscellaneous 323,500 264,159 323,500
Transfers in 1,38 I ,634 641,500 1,506,634 125,000
Total Revenues 3,019,937 1,625,644 3,144,937 125,000
EXPENDITURES
Personnel Expenses 1,649,949 755,962 1,649,949
Supplies, Services, and Taxes 1,266,402 751,767 1,433,989 167,587
Capital Expenditures 157,101 43,230 204,101 47,000
Debt Service 48,634 48,634
Transfers Out
Total Expenditures 3,122,086 1,550,959 3,336,673 214,587
CHANGES IN FUND BALANCE
Net change in fund balances (102, I 49) 74,685 (191,736) (89,587)
Fund Balances-beginning 134,705 289,054 289,054 154,349
Fund Balances-ending $ 32,556 $ 363,739 $ 97,318 $ 64,762
Budl!:et Adiustments:
Adjust beginning fund balance to actual
Items Previously Aporoved by Council (Agenda Bill #)
Revenues - Increase for transfer in from General Fund for street paving program (AB 07-1(3)
. Expenditures - Increase Supplies and Services for street paving program (AB 07-1(3)
Expenditures - Increase Supplies and Services for 2006 Budget Carryover items (AB 07- I 0 I)
Expenditures - Increase Capital for 2006 Budget Carryover items (AB 07-10 I)
New Items Not Previously Aporoved by Council
Net adjustment to ending fund balance required
FUND 102
$
154,349
125,000
(125,000)
(42,587)
(47,000)
$
64,762
CITY OF BREMERTON
2()()7 ANTICIPATED REVENUES. EXPENDITURES AND CHANGES IN FUND BALANCE
CONTINGENCY RESERVE FUND
For the Year Ended December 31. 2007
Proposed Adj Required
Onginal Revised From The
Budget Actuals Thru Budget Original Budget
2007 June 30, 2007 2007 2007
REVENUES
Taxes
Property $ $ $ $
Sales
Other
Licenses and Permits
Intergovernmental
Charges for Services
Fines and Forfeitures
Miscellaneous 525.000 478,234 977,650 452,650
Transfers in
Total Revenues 525,000 478,234 977,650 452,650
EXPENDITURES
Personnel Expenses
Supplies, Services, and Taxes
Capital Expenditures
Debt Service
Transfers Out 1,760,124 1,609,773 1,959,774 199,650
Total Expenditures 1,760,124 1,609,773 1,959,774 199,650
CHANGES IN FUND BALANCE
Net change in fund balances (1,235,124) (1,131,539) (982,124 ) 253,000
Fund Balances-beginning 2,265,846 2,079,107 2,079, I 07 (186,739)
Fund Balances-ending $ 1,030,722 $ 947,568 $ 1,096,983 $ 66,261
Budeet Adiustments:
Adjust beginning fund balance to actual
Items Previously Approved bv Council (Agenda Bill #)
Revenues - Increase Revenues for Sale of Property ( tennis courts) 2006 Budget Carryover item (AB 07-10 I)
Expenditure - Increase Transfer Out for 2006 Budget Carryover items (AB 07-101)
New Items Not Previouslv Approved by CQuncil
Revenues - Increase Revenues from Sale of Capital Hill Fire Station - Proceeds Not Included in 2007 Budget
Net adjustment to ending fund balance required
FUND 103
$
( 186,739)
199,650
( 199,650)
253,000
$
66.261
CITY OF BREMERTON
2007 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE
CIVIC IMPROVEMENT FUND
For the Year Ended December 31, 2007
Proposed Adj Required
Original Revised From The
Budget Actuals Thru Budget Original Budget
2007 June 30, 2007 lOO7 2007
REVENUES
Taxes
Property $ $ $ $
Sales
Other (hotel/motel tax) 300,000 145,110 300,000
Licenses and Permits
Intergovernmental
Charges for Services
Fines and Forfeitures
Miscellaneous 500 5,297 500
Transfers in
Total Revenues 300,500 150,407 300,500
EXPENDITURES
Personnel Expenses
Supplies, Services, and Taxes 145,114 63,132 145,114
Capital Expenditures
Debt Service 59,886 59,886
Transfers Out 180,000 77,500 180,000
Total Expenditures 385,000 140,632 385,000
CHANGES IN FUND BALANCE
Net change in fund balances (84,500) 9,775 ( 84,5(0)
Fund Balances-beginning 95,171 238,000 238,000 142,829
Fund Balances-ending $ 10,671 $ 247,775 $ 153,500 $ 142,829
Bud2et Adiustments:
Adjust beginning fund balance to actual
Items Previously Approved by Council (Agenda Bill #)
New Items Not Previouslv Approved by Council
Net adjust to ending fund balance required
FUND 104
$
142,829
$
142,829
CITY OF BREMERTON
2007 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE
PARKING SYSTEM FUND
For the Year Ended December 31, 2007
Proposed Adj Required
Original Revised From The
Budget Actuals Thru Budget Original Budget
2007 June 30, 2007 2007 2007
REVENUES
Taxes
Property $ $ $ $
Sales
Other
Licenses and Permits
Intergovernmental
Charges for Services 1,500 980 1,500
Fines and Forfeitures 340,000 167,781 340,000
Miscellaneous 1,332,000 522,903 1,332,000
Transfers in 425,000 212,500 425,000
Total Revenues 2,098,500 904,164 2,098,500
EXPENDITURES
Personnel Expenses 43,155 43,155
Supplies, Services, and Taxes 559,000 260,788 559,000
Capital Expenditures 78,500 360 78,500
Debt Service
Transfers Out 1,529,600 759,494 1,529,600
Total Expenditures 2,210,255 1,020,642 2,210,255
CHANGES IN FUND BALANCE
Net change in fund balances (111,755) (116,4 78) (111,755)
Fund Balances-beginning 239,513 249,983 249,983 10,470
Fund Billances-ending $ 127,758 $ 133,505 $ 138,228 $ 10,470
Bude:et Adlustments:
Adjust beginning fund balance to actual
Items Previously Aoproved bv Council (Agenda Bill #)
New Items Not Previouslv Aooroved by Council
Net adjustment to ending fund balance required
FUND 105
s
10,470
10,470
Budl!:et Adiustments:
Adjust beginning fund balance to actual
Items Previously Approved bv Council (Agenda Bill #)
Expenditures - Increase expenditures for partially funded Public Service Projects (AB 07-104)
Revenues - Increase transfer in from General Fund for partially funded Public Service Projects (AB 07-104)
Expenditure - Reclassification to increase transfer to General Fund for Pool Skylights (AB 07-023)
Expenditure - Reclassification to reduce Housing & Community Service for Pool Skylights (AB 07-023)
New Items Not Previouslv Approved by Council
Expenditures - Decrease supplies and services expenditures to reflect lower beginning fund balance
Net adjustment required to the ending fund balance
FUND 106
$ (27,918)
( 18,000)
18,000
( 50,000)
50,000
27,918
$
2007 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE
NA VAL MUSEUM
For the Year Ended December 31, 2007
Proposed Adj Required
Original Revised From The
Budget Actuals Thru Budget Original Budget
2007 June 30, 2()O7 2007 2007
REVENUES
Taxes
Property $ $ $ $
Sales
Other
Licenses and Pern1its
Intergovernmental
Charges for Services
Fines and Forfeitures
Miscellaneous 140
Transfers in 41,000 27,333 47,000 6,000
Total Revenues 41,000 27,473 47,000 6,000
EXPENDITURES
Personnel Expenses
Supplies, Services, and Taxes 41,000 20,330 47,000 6,000
Capital Expenditures
Debt Service
Transfers Out
Total Expenditures 41,000 20,330 47,000 6,000
CHANGES IN FUND BALANCE
Net change in fund balances 7,143
Fund Balances-beginning
Fund Balances-ending $ $ 7,]43 $ $
Budeet Adiustments:
Adjust beginning fund balance to actual
New Items Not Previously Approved by Council
Revenues - Increase Transfer In from General Fund Non-Dept for Additional Rent Expense - Delayed Move in 2007
Expenditures - Increase Supplies & Services Expense for Additional Rent Expense - Delayed Move in 2007
Net adjustment to ending fund balance required
FUND 107
$
6,000
(6,000)
$
CITY OF BREMERTON
2007 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE
ABA TEMENT REVOL VING FUND
For the Year Ended December 31, 2007
Proposed Adj Required
Original Revised From The
Budget Aduals Thru Budget anginal Budget
2007 June 30, 2007 2007 2007
REVENUES
Taxes
Property $ $ $ $
Sales
Other
Licenses and Pernlits
Intergovernmental
Charges for Services 14,500 13,949 14,500
Fines and Forfeitures
Miscellaneous 2,500 3,698 2,500
Transfers in 17,500 17,500 17,500
Total Revenues 34,500 35,147 34,500
EXPENDITURES
Personnel Expenses 3,000 3,000
Supplies, Services, and Taxes 31,500 918 31,500
Capital Expenditures
Debt Service
Transfers Out
Total Expenditures 34,500 918 34,500
CHANGES IN FUND BALANCE
Net change in fund balances 34,229
Fund Balances-beginning 67,373 137,575 137,575 70,202
Fund Balances-ending $ 67,373 $ 171,804 $ 137,575 $ 70,202
Budl!:et Adiustments:
Adjust beginning fund balance to actual
New Items Not Previously Approved by Council
Net adjustment to ending fund balance required
FUND 108
$
70,202
$
70,202
CITY OF BREMERTON
2007 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE
POLICE SPECIAL PROJECTS FUND
For the Year Ended Deceniber 31,2007
Proposed Adj Required
Original Revised From The
Budget Actuals Thm Budget Original Budget
2007 June 30, 2007 21J07 21J07
REVENUES
Taxes
Property $ $ $ $
Sales
Other
Licenses and Permits
Intergovernmental
Charges for Services
Fines and Forfeitures 35,000 22.45 I 35,000
Miscellaneous 90,000 106,518 90,000
Transfers in
Total Revenues 125,000 128,969 125,000
EXPENDITURES
Personnel Expenses
Supplies, Services, and Taxes 142,000 49,205 142,000
Capital Expenditures 45,000 22,364 45,000
Debt Service
Transfers Out 50,000 25,000 50,000
Total Expenditures 237,000 96,569 237,000
CHANGES IN FUND BALANCE
Net change in fund balances ( 112,000) 32,400 (I 12,000)
Fund Balances-beginning 122,637 441,896 44 I ,896 319,259
Fund Balances-ending $ 10,637 $ 474,296 $ 329,896 $ 319,259
Bud2et Adiustments:
Adjust beginning fund balance to actual
New Items Not Previously Approved by Council
Net adjustment to ending fund balance required
FUND 110
$
319,259
$
3 I 9,259
CITY OF BREMERTON
2()()7 ANTICIP/\TED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE
PUBLIC ACCESS TELEVISION OPERATIONS FUND
For the Year Ended December 31, 2007
Proposed Adj Required
Original Revised F rom The
Budget Actuals Thru Budget Original Budget
2007 June 30, 2007 2007 2007
REVENUES
Taxes
Property $ $ $ $
Sales
Other (city PEG fees) 150,010 19,664 150,010
Licenses and Permits 249,300 145,342 (103,958)
.Intergovemmental
Charges for Services 105,955 57,781 105,955
Fines and Forfeitures
Miscellaneous 1,000 658 151,000 150,000
Transfers in
Total Revenues 506,265 78,103 552,307 46,042
EXPENDITURES
Personnel Expenses 217,486 91,919 217,486
Supplies, Services, and Taxes 75,845 10,310 57,197 (18,648)
Capital Expenditures 175,000 9,070 241,352 66,352
Debt Service
Transfers Out 20,000 20,000
Total Expenditures 488,331 111,299 536,035 47,704
CHANGES IN FUND BALANCE
Net change in fund balances 17,934 (33,196) 16,272 (1,662)
Fund Balances-beginning 1,557 (8,997) (8,997) (10,554)
Fund Balances-ending $ 19,491 $ (42,193) $ 7,275 $ (12,216)
Bud2et Adiustments:
Adjust beginning fund balance to actual
Items Previously Approved by Council (Agenda Bill #)
Expenditure - Increase Capital for 2006 Budget Carryover items (AB 07-10 I)
.New Items Not Previously Approved by Council
Revenue - Increase Capital Contributions to Recognize Comcast Franchise Agreement Payment for Studio Relocation
Revenue - Reduce Franchise Fee Pymnts Anticipated for 2007 to Reflect Significant Delay in Franchise Agreement Execution
Expenditures - Reduce Supplies & Services Expenditures due to Delayed Franchise Agreement Execution
Expenditures - Net Increase to Capital Expenditures to Adjust Capital Allowing Work to begin on Studio Relocation in 2007
Net adjustment to ending fund balance required
FUND 113
$
( 10,554)
(8,352)
150,000
(103,958)
18,648
(58,000)
$
( 12,216)
CITY OF BREMERTON
2007 ANTICIPATED REVENUES, EXPE~DITURES AND CHANGES IN FUND BALANCE
GIFT AND DONATION FUND
For the Year Ended December 31,2007
Proposed Adj Required
Original Revised From The
Budget Actuals Thru Budget Original Budget
2007 June 30, 2007 2007 2007
REVENUES
Taxes
Property $ $ $ $
Sales
Other
Licenses and Permits
Intergovernmental
Charges for Services 550 525 550
Fines and Forfeitures
Miscellaneous 24,700 15,001 34,300 9,600
Transfers in
Total Rewnues 25,250 15,526 34,850 9,600
EXPENDITURES
Personnel Expenses
Supplies, Services, and Taxes 42,424 30,156 52,024 9,600
Capital Expenditures
Debt Service
Transfers Out
Total Expenditures 42,424 30,156 52,024 9,600
CHANGES IN FUND BALANCE
Net change in fund balances (17,174) ( 14,630) (17,174)
Fund Balances-beginning 44,448 100,111 100,111 55,663
Fund Balances-ending $ 27,274 $ 85,481 $ 82,937 $ 55,663
Budl!et Adiustments:
Adjust beginning fund balance to actual
Items Previously Approved by Council (Agenda Bill #)
New Items Not Previously Approved by Council
Revenue - Increase Donation Receipts for Harborside Park Opening
Expenditures - Increase Supplies & Services Expenditures for Harborside Park Opening
Net adjustment to ending fund balance required
FUND 114
$
55,663
9,600
(9,600)
$
55,663
CITY OF BREMERTON
2007 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE
TRIAL IMPROVEMENT FUND
For the Year Ended December 31, 2007
Proposed Adj Required
Original Revised From The
Budget Actuals Thru Budget Original Budget
2()O7 June 30, 2007 2007 2()()7
REVENUES
Taxes
Property $ $ $ $
Sales
Other
Licenses and Permits
Intergovernmental 9,600 7,428 9,600
Charges for Services
Fines and Forfeitures
Miscellaneous 186
Transfers in
Total Revenues 9,600 7,614 9,600
EXPENDITURES
Personnel Expenses
Supplies, Services, and Taxes 2,906 3,000 3,000
Capital Expenditures 18,000 15,000 (3,000)
Debt Service
Transfers Out
Total Expenditures 18,000 2,906 18,000
CHANGES IN FUND BALANCE
Net change in working capital ( 8,400) 4,708 (8,400)
Fund Balances-beginning 9,600 10,116 10,116 516
Fund Balances-ending $ 1,200 $ 14,824 $ 1,716 $ 516
Budl!et Adiustments:
Adjust beginning fund balance to actual
New Items Not Previously Approved by Council
Expenditure - Increase Supplies & Services to Reclassify Items included in Capital Budget Which Should be Expensed
Expenditure - Decrease Capital Expenditures to Reclassify Items included in Capital Budget Which Should be Expensed
Net adjustment to ending fund balance required
FUND 116
$
516
(3,000)
3,000
$
516
Adjust beginning fund balance to actual
Items Previouslv Approved bv Council (Agenda Bill #)
Revenue - Increase [nterfund Transfers for 2006 Budget Carryover Item (AB 07-10 I)
New Items Not Previouslv Approved bv Council
Expenditure - Increase Supplies & Services to Reclassify Items included in Capital Budget Which Should be Expensed
Expenditure - Decrease Capital Expenditures to Reclassify Items included in Capital Budget Which Should be Expensed
Revenues - Decrease Transfers [n to Reclass to Miscellaneous Revenues - Transfers [n from Capital Projects Reclassed
Revenues - Increase Miscellaneous Revenues to Reclass from Transfers [n - Transfers [n from Capital Projects Reclassed
Net adjustment to ending fund balance required
FUND 117
$
19,795
30,161
(1,000)
1,000
(39,970)
39,970
$
49,956
CITY OF BREMERTON
2007 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE
CONFERENCE CENTER OPERATIONS
For th.: Y.:ar Ended D.:cernber 31,2007
Proposed Adj Required
Original R.:vised From The
Budget Actuals Thru Budget Original Budget
2007 June 30. 2007 2007 2007
REVENUES
Taxes
Property $ $ $ $
Sales
Other
Licenses and Pernlits
Intergovernmental
Charges for Services 1,226,382 415,106 1,226,382
Fines and Forfeitures
,
Miscellaneous 53,000 2,832 53,000
Transfers in 780,000 765,000 905,000 125,000
Total Revenues 2,059,382 1,182,938 2,184,382 125,000
EXPENDITURES
Personnel Expenses 146,606 51,520 146,606
Supplies, Services, and Taxes 1,375,794 584,318 1,500,794 125,000
Capital Expenditures 45,000 45,000
Debt Service 506,250 505,637 506,250
Transfers Out
Total Expenditures 2,073,650 1,141,475 2,198,650 125,000
CHANGES IN FUND BALANCE
Net change in fund balances ( 14,268) 41,463 ( 14,268)
Fund Balances-beginning 73,885 191,735 191,735 117,850
Fund Balances-ending $ 59,617 $ 233,198 $ 177,467 $ 117,850
Bud2et Adiustments:
Adjust beginning fund balance to actual
Items Previouslv Approved bv Council (Agenda Bill #)
Revenue - Increase Transfer In from General Gov't Capital Improvement (AB 07-135)
Expenditures - Increase Columbia Hospitality Professional Services for furniture, fixtures & equipment. (AB 07-135)
Net adjustment required to the ending fund balance
Fl:JND 120
$
117,850
125,000
( 125,(00)
$
117,850
CITY OF BREMERTON
2007 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE
BOND FUND
For the Year Ended December 31,2007
Proposed Adj Required
Original Revised From The
Budget Actuals Thru Budget Original Budget
2007 June 30, 2007 2007 2007
REVENUES
Taxes
Property $ 1,050,810 $ 603,522 $ 1,050,810 $
Sales
Other
Licenses and Pemlits
Intergovernmental
Charges for Services
Fines and Forfeitures
Miscellaneous 15,000 10,577 15,000
Transfers in 851,940 420,664 976,940 125,000
Total Revenues 1,917,750 1,034,763 2,042,750 125,000
EXPENDITURES
Personnel Expenses
Supplies, Services, and Taxes
Capital Expenditures
Debt Service 1,917,750 778,022 2,042,750 125,000
Transfers Out
Total Expenditures 1,917,750 778,022 2,042,750 125,000
CHANGES IN FUND BALANCE
Net change in fund balances 256,741
Fund Balances-beginning 382,969 418,036 418,036 35,067
Fund Balances-ending $ 382,969 $ 674,777 $ 418,036 $ 35,067
Bud2et Adiustments:
Adjust beginning fund balance to actual
Items Previously Approved by Council (Agenda Bill #)
Revenue - Increase for transfer in from General Fund for additional principal payment (AB 07-102)
Expenditure - Increase revenue bond principal for additional principal payment (AB 07-102)
New Items Not Previously Aooroved by Council
Net adjustment required to the ending fund balance
FUND 201
$
35,067
125,000
(125,000)
$
35,067
CITY OF BREMERTON
2007 ,\NTICIPATED REVI:NUES, EXI'FNDITURES '\ND CHANGES IN FUND BAL,\NCE
PI !HUC SAFETY PROJECTS FUND
For the Year Ended Decemher 31, 2007
I'rop0sed Adj Required
Original Revised From The
Budget Actuals Thm Budgct Origmal Budgct
2007 Junc 30, 2007 2007 2007
REVI:NUES
Taxes
PropCl1y $ $ $ S
Sales
Other
Licenscs and Pcnnits
Intcrgovcrnmcntal
Chargcs tor Services
Fines and Forfeitures
Miscellaneous 25,000 40,506 50,000 25,000
Transfers in 850,000 850,000
Total Revenues 875,000 40,506 900,000 25,000
EXPENDITURES
Personnel Expenses
Supplies, Services, and Taxes
Capital Expenditures 1,400,250 907,597 1,523,139 122,889
Debt Service
Transfers Out S,700 (8,700)
Total Expenditures 1,408,950 907,597 1,523,139 114,189
CHANGES IN FUND BALANCE
Net change in fund balances (533,950) (867,091) (623,139) (89,189)
Fund Balances-beginning 559,956 2,027,271 2,027,271 1,467,315
Fund Balances-ending $ 26,006 $ 1,160,180 $ 1,404,132 $ 1,378,126
Budl!et Adiustments:
Adjust beginning fund balance to actual
Items Previously Approved by Council (Agenda Bill #)
Expenditure - Increase Capital for 2006 Budget Carryover Items (AB 07-101)
New Items Not Previously Approved by Council
Revenues - Increase Interest Earnings to Reflect Revised Projections based on Actuals through June 30, 2007
Expenditures.- Increase Capital Expenditures tor Fuel Pump Card Readers - Fire Equipment Project
Expenditure - Increase Capital Expenditures to Reclassify Items included in Transfers Which Should be Capitalized
Expenditure - Decrease Transfers to Reclassify Items Which Should be Capitalized - 1 % for Arts Contribution
Expenditure - Decrease 2007 Capital Expenditures for Court Project - WilI.be Included in the 2008 Capital Budget
Net adjustment required to the ending fund balance
FUND 302
$
1,467,315
(514,189)
$
25,000
(25,000)
(8,700)
8,700
425,000
1,378.126
CITY OF BREMERTON
21)07 .\NTICIPATFD REVENUES. rXPFNDITURES !\ND CHANGES IN (,UNO B,\LANCE
IIARBORSIDE PARK FUND
For the Year Ended December .11, 2007
Proposed Adj ReqUIred
Original R~\'ised From The
Budget Actuals Thm Budget Origmal Budget
2007 June .10. 2007 2007 2007
REVENUES
Taxes
Property $ $ $
Sales
Other
I jccns~s and Penuits
Intergovernmental 964.635 1.205,170 1.205,170
Charges t(lf Services
Fines and Forfeitures
M is~ellaneous 11.223 132.000 1.12.000
Transfers in 275.000 275.000 305,651 31),651
Total Revenues 275.000 1.250.858 1.642.821 1.367,821
EXPEN DITU RES
Personnel Expenses
Supplies, Services, and Taxes
Capital Expenditures .1 Hl.068 2.169,744 .1.000.346 2,690,278
Debt Service
Transfers Out llOO (.1.100)
Total Expenditures .113.168 2,369.744 3.000.346 2.687.178
CHANGES IN FUND BALANCE
Net change in fund balances (.18,168) ( 1.118,886) ( 1.357.525) (1.319.357)
Fund Balances-beginning 39.018 U57,525 1.357,525 1.318,507
Fund Balances-ending $ 850 $ 238.639 $ $ (850)
Dudllet Adiustments:
Adjust beginning fund balance to actual
Items Previous Iv Approved bv Council (Agenda Bill #)
Revenue - Increase Grants tor 2006 Budget Carryover (AB 07-10 I)
Revenue - Increase Sale of Assets for 2006 Budget Carryover (AB 07-JOt)
Expenditure - Increase Capital tor 2006 Budget Carryover (AB 07-10 I)
New Items Not Previouslv Approved bv Council
Expenditure - Increase Capital Expenditures to ReclassifY Items included in Transfers Which Should be Capitalized
Expenditure - Decrease Transfers to ReclassifY Items Which Should be Capitalized - I % for Arts Contribution
Expenditure - Increase Capital Expenditures For Conclusion of Project as Contracted and Funded
Revenues - Increase Interest Earnings tor Actual Interest Earned
Revenues - Increase Transters In for CDBG Funding Carried Forward
Revenues - Increase Intergovernmental Revenues tor Additional DOT Funds Received in 2007
Net adjustment required to the ending tund balance
FUND 303
$ 1.318,507
1,185,170 .
120,000
(2.496,188)
(3,100)
3,100
(190.990)
12.000
30.651
20.000
$ (850)
CITY OF BREMERTON
2007 ANTICIPATED REVENUES, FXPENDIT! JRES AND CHAN(jES IN FUND BALANCE
CiI:NERAI. GOVERNMENT (',\PI rAL IMI'ROVHvlEN I FliND
For the Year Ended December 3 I, 2007
Proposed Adj Required
Onginal Revised From rhe
Budget Acluals Thm Budget Otiginal Budget
2007 June 30. 2007 2007 2007
REVENUES
Taxes
Property S S $ $
Sales
Other (Real Estate Excise Taxes) 1,400,000 626,571 1.400,000
Ltcenses and Pennits
Intergovernmental 200,000 25,583 387,450 187,450
Charges tor Se."ices
Fines and Forleitures
Miscellaneous 40,000 39,878 40,000
Trans fers in
Total Revenues 1.640,000 692,032 1,827,450 187,450
EXPENDITURES
Personnel Expenses
Supplies, Se."ices, and Taxes 66,599 322,450 322,450
Capital Expenditures 396,930 32,938 436,000 39,070
Debt Se."ice
Transters Out 2,302,070 967,500 2,481,800 179,730
Total Expenditures 2,699,000 1,067,OJ7 3,240,250 541,250
CHANGES IN FUND BALANCE
Net change in timd balances (1,059,000) (375.005) (1,412,800) (353,800)
Fund Balances-beginning 1,063,818 1,593,127 1,593,127 529,309
Fund Balances-ending $ 4,818 $ 1,218,122 $ 180,327 $ 175.509
Bude:et Adiustments:
Adjust beginning fund balance to actual
Items PreVIOusly Approved by Council (Agenda Bill #)
Expenditure - Increase Capital for Oyster Bay Remodel (AB 07-029)
Expenditure - Increase Supplies & Se."ices tor 2006 Budget Carryover (AB 07-10 I)
Expenditure - Increase Transter Out for 2006 Budget Carryover (AB 07-101)
Revenue - Increase Grant Revenue for 2006 Budget Carryover (AB 07- 101)
ExpendIture -Increase Transfer Out to Confetr Op for expenditures associated with furniture, fixtures, & equip. (AB 07-135)
New Items Not Previously Approved by Council
Expenditure - Increase Capital Expenditures to Reclassify Items included in Transfers Which Should be Capitalized
Expenditure - Decrease Transfers to Reclassify Items Which Should be Capitalized - I % for Arts Contribution
Net adjustment required to the ending tund balance
FUND 308
$
529,309
(36,000)
( 322,450)
(57.800)
187,450
( 125,0(0)
(3,070)
3,070
$
175,509
Budl!:et Adiustments:
Adjust beginning fund balance to actual
New Items Not Previouslv Approved bv Council
Revenues - Increase Intergovernmental Revenues for Contract Work Reimbursements
Expenditure - Increase Expenditures for Contracted Work - Fully Reimburseable
Net adjustment required to the ending fund balance
FUND 309
$
42,243
425,000
(425,000)
$
42,243
CITY OF BREMERTON
2007 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE
PARK FACILITIES CONSTRUCTION FUND
For the Year Ended December 31. 2007
Proposed Adj Required
Original Revise<.! From The
Budget Actuals Thru Budget Original Budget
2007 June 30. 2007 2007 2007
REVENUES
Taxes
Property $ :5 $ $
Sales
Other
Licenses and Pennits
Intergovernmental 1,050,000 1,245,170 195,170
Charges lor Services
Fines and Forfeitures
Miscellaneous 39,754
Transfers in 225,954 215,303 425,604 199,650
Total Revenues 1,275,954 255,057 1,670,774 394,820
EXPENDITURES
Personnel Expenses
Suppiies, Services, apd Taxes 45,000 9,770 45,000
Capital Expenditures 1,903,500 54,638 2,112,670 209,170
Debt Service 13,165 13,165
Transfers Out 14,000 (14,000)
Total Expenditures 1,975,665 64,408 2,170,835 195,170
CHANGES IN FUND BALANCE
Net <.:hange in fund balan<.:es (699,711) 190,649 (500,061) 199,650
Fund Balances-beginning 850,976 789,882 789,882 (61,094)
Fund Balances-ending $ 151,265 $ 980,531 $ 289,82 I $ 138,556
Budeet Adiustments:
Adjust beginning fund balance to actual
Items Previouslv Approved bv Council (Agenda Bill #)
Revenue - Increase Grant Revenue from DOE for Blueberry Park Construciton (AB 07-120)
Expenditure - Increase capital for additional construction at Blueberry Park (AB 07- I 20)
Revenue - Increase Misc Revenue for 2006 Budget Carryover (AB 07- I 0 I)
New Items Not Previouslv Approved by Council
Expenditure - Increase Capital Expenditures to Reclassify Items ineluded in Transfers Which Should be Capitalized
Expenditure - Decrease Transfers to Reclassify Items Which Should be Capitalized - I % for Arts Contribution
Net adjustment required to the ending fund balance
FUND 310
$
(61,094)
195,170
(195,170)
199,650
( 14,(00)
14,000
$
138,556
CITY OF BREMERTON
2007 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE
BOARDW ALK PROJECT
For the Year Ended December 31, 2007
Proposed Adj Required
Original Revised From The
Budget Actuals Thru Budget Original Budget
2007 June 30,2007 2()()7 2007
REVENUES
Taxes
Property $ $ $ $
Sales
Other
Licenses and Pennits
Intergovernmental
Charges for Services
Fines and Forfeitures
Miscellaneous 23,256 30,000 30,000
Transfers in 894,470 894,4 70 894,470
Total Revenues 894,470 917,726 924,470 30,000
EXPENDITURES
Personnel Expenses
Supplies, Services, and Taxes
Capital Expenditures 1,098,900 171,004 1,110,000 11,100
Debt Service
Transfers Out 11,100 (II, I 00)
Total Expenditures 1,110,000 171,004 1,110,000
CHANGES IN FUND BALANCE
Net change in fund balances (215,530) 746,722 ( 185,530) 30,000
Fund Balances-beginning 215,530 269,425 269,425 53,895
Fund Balances-ending $ $ 1,016,147 $ 83,895 $ 83,895
Bude:et Adiustments:
Adjust beginning fund balance to actual
Items Previously Approved by Council (Agenda Bill #)
New Items Not Previously Approved by Council
Revenues - Increase Miscellaneous Revenues for Interest Earnings
Expenditure - Increase Capital Expenditures to Reclassify Items included in Transfers Which Should be Capitalized
Expenditure - Decrease Transfers to Reclassify Items Which Should be Capitalized - I % for Arts Contribution
Net adjustment required to the ending fund balance
FUND 311
$
53,895
30,000
(11,100)
11,100
$
83,895
CITY OF BREMERTON
2007 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE
WATER UTILITY
For the Year Ended December 31, 2007
Proposed Adj Required
Ori gi nal Revised From The
Budget Actuals Thru Budget Original Budget
2007 June 30,2007 2007 2007
REVENUES
Taxes
Property S $ S $
Sales
Other
Licenses and Permits
Intergovernmental
Charges for Services 9,320,762 4,582,684 10.020,762 700,000
Fines and Forfeitures
Miscellaneous 1,606,996 1,491,699 2,808,996 1,202,000
Transfers in
Total Revenues 10,927,758 6,074,383 12,829,758 1,902,000
EXPENDITURES
Personnel Expenses 3,356,745 1,706,144 3,356,745
Supplies, Services, and Taxes 3,516,203 1,288,149 3,516,203
Capital Expenditures 3,429,000 575,888 3,735,704 306,704
Debt Service 777,029 572,484 1,137,029 360,000
Transfers Out 826,412 331,115 826,412
Total Expenditures 11,905,389 4,473,780 12,572,093 666,704
CHANGES IN WORKlNG CAPITAL BALANCE
Net change in working capital (977,631 ) 1,600,603 257,665 1,235,296
Fund Balances-beginning working capital 4,058,731 5,660,009 5,660,009 1,601,278
Fund Balances-ending working capital $ 3,081,100 $ 7,260,612 $ 5,917,674 $ 2,836,574
Ending fund balance should be 12% of annual expenditure budget excluding capital - which is $1,060,377 for the budget as amended.
Projected Balance is $5,917,674 after proposed amendments are completed - which exceeds the target level.
Budeet Adjustments:
Adjust beginning fund balance to actual $ 1,601,278
Items Previously Approved by Council ( Agenda Bill #)
Expenditures - Increase Capital for 2006 Budget Carryover (AB 07-101) (306,704 )
New Items Not Previously Approved by Council
Revenues - Increase Charges for Services - Connection Fees to Reflect Actual Receipts in 2007 Exceeding Budget Expectations
Revenues - Increase Other Revenues for Capital Contributions to Reflect Actual Receipts in 2007 Exceeding Budget Expectations
Revenues - Increase Miscelleanous Revenues for Bond Proceeds - 2005 Bonds Refunded
Expenditures - Increase Debt Service for 2005 Bond Refunding Expenditures
Revenues - Increase Miscellaneous Revenues for Loan Proceeds
700,000
750,000
372,000
(360,000)
SO,OOO
Net adjustment required to the ending fund balance
5>
2,836,574
FUND 401
CITY OF BREMERTON
2007 ANTICIPATED REVENUES. EXPENDITURES .\ND CHANGES IN FUND BALANCE
GOLD MOUNTAIN GOLF COMPLEX
For the Year Ended December 31, 2007
Proposed Adj Required
Original Revised From The
Budget Actuals Thru Budget Origlllal Budget
2007 June 30, 2007 2007 2007
REVENUES
Taxes
Property $ $ $ $
Sales
Other
Licenses and Pernlits
Intergovernmental
Charges for Services 3,617,000 1,450,646 3,617,000
Fines and Forfeitures
Miscellaneous 99,000 27,S89 99,000
Transfers in
Total Revenues 3,716,000 1,478,535 3,716,000
EXPENDITURES
Personnel Expenses 86,620 35,054 86,620
Supplies, Services, and Taxes 2,909,504 1,133,841 2,909,504
Capita] Expenditures 97,201 5,294 97,201
Debt Service 622,646 140,823 622,646
Transfers Out
Total Expenditures 3,715,971 1,315,012 3,715,971
CHANGES IN FUND BALANCE
Net change in working capital 29 163,523 29
Fund Balances-beginning working capital 398,553 340,242 340,242 (58,3 II)
Fund Balances-ending working capit $ 398,582 $ 503,765 $ 340,271 $ (58,31 I)
Ending fund balance should be 12% Of annual expenditure budget excluding capital - which is $434,252 for the budget as amended.
Projected Ba]ance is $340,271 after proposed amendments are completed - which does not meet the target level. The only adjustment
proposed is to update the beginning fund balance to the "actual" amount experienced by the fund.
Bude:et Adiustments:
Adjust beginning fund balance to actual $ (58,3] I)
Items Previously Approved by Council (Agenda Bill #)
Ne~tems Not Previously Approved by Council
Net adjustment required to the ending fund balance
$
(58.311 )
FUND 407
CITY OF BREMERTON
2007 ANTICIPATED REVENUES. EXPENDITURES AND CHANGES IN FUND BALANCE
W ASTEW A TER UTILITY
For the Year Ended December 31, 2007
Proposed Adj Required
Original Revised From The
Budget Actuals Thru Budget Original Budget
2007 June 30, 2007 2007 2007
REVENUES
Ta:>(es
Property $ 60,000 $ 23,353 $ 60,000 $
Sales
Other
Licenses and Pern1its
Intergovernmental 2,980,868 214,551 280,S68 (2,700,000)
Charges for Services 12,634,658 6,438,012 12,778,183 143,525
Fines and Forfeitures
Miscellaneous 7,295,210 1,457,890 4,707,210 (2,588,000)
Transfers in 100,000 100,000
Total Revenues 23,070,736 8,133,806 17,926,261 (5,144,475)
EXPENDITURES
Personnel Expenses 2,778,497 1,295,453 2,778,497
Supplies, Services, and Taxes 2,700,351 1,361,041 2,700,351
Capital Expenditures 12,467, I 00 1,563,088 5,386,940 (7,080,160)
Debt Service 4,962,408 4,415,963 4,993,408 31,000
Transfers Out 1,111,268 544,826 1,111,268
Total Expenditures 24,019,624 9,180,371 16,970,464 (7,049,160)
CHANGES IN FUND BALANCE
Net change in working capital (948,888) (l,046,565) 955,797 1,904,685
Fund Balances-beginning working capital 2,472,973 2,679,450 2,679,450 206,477
Fund Balances-ending working capil $ 1,524,085 $ 1,632,885 $ 3,635,247 $ 2,111,162
Ending fund balance should be 12% of annual expenditure budget excluding capital - which is $1,390,023 for the budget as amended.
Projected Balance is $3,635,247 after proposed amendments are completed - which exceeds the target level.
Budl!:et Adiustments:
Adjust beginning fund balance to actual
$
206,477
Items Previously Approved by Council (Agenda Bill #)
Expenditure - Increase Capital for 2006 Budget Carryover (AB 07-10 I)
( 19,840)
New Items Not Previously Approved by Council
Revenues - Decrease Intergovernmental Revenues for EPA Grant WWTP - Shifting into 2008 - To be Included in 2008 Budget
Expenditures - Decrease Capital Expenditures for WWTP Upgrade - Shifting into 200S - To be Included in 200S Budget
Revenues - Increase Charges for Services for Lechate Hauling and Dumping Revenues Exceeding Budget Expectations
Revenues - Increase Other Revenues for Capital Contributions to Reflect Actual Receipts in 2007 Exceeds Budget Expectations
Revenues - Decrease Miscelleanous Revenues for Budgeted 2007 Bond Proceeds - Separate Fund Construction Fund Created
Expenditures - Increase Debt Service to Reflect Finalized 2007 Bond Issue
Expenditures - Decrease Capital bpenditures for SW Bremerton ProJect - Move Budget to New Construction Fund
(2,700,000)
3,600,000
143,525
365,()OO
(2,953,000)
(31,000)
3,500,000
Net adjustment required to the ending fund balance
$
2,111.1 h2
FUND 451
2007 ANTlCIPXITD REVENUES. EXPENDITURES AND CIIAN<lES IN FUND BALANCE
SW I3RFMERTON SEWER CONS TRUC nON FUND
For the Year I:ndcd Deccmber 31. 2007
Proposed Adj Required
Original Reviscd From The
Budget Actuals Thru Budget Original Budget
2007 June 30. 2()O7 2007 2007
REVENUES
Taxes
Property $ $ $ $
Sales
Other
Licenses and Penn its
Intergovemmental
Charges tor Services
Fines and F0I1eitures
Miscellaneous 4,456,442 4,456,442
Transters in
Total Revenues 4,456,442 4,456,442
EXPENDITURES
Personnel Expenses
Supplies, Services, and Taxes
Capital Expenditures 506,000 506.000
Debt Service
Transters Out
Total Expenditures 506,000 506.000
CHANGES IN FUND BALANCE
Net change in working capital 3,950,442 3,950,442
Fund Balances-beginning working capital
Fund Balances-ending working capit $ $ $ 3,950,442 $ 3,950,442
New Fund Created by the Issuance of the 2007 Water & Sewer Revenue Bonds
Bud2et Adjustments:
Adjust beginning fund balance to actual
Items Previously Approved by Council (Agenda Bill #)
1':!.ew Items Not Previously Approved by Council
Revenues -Increase Miscellaneous Revenues tor Net Bond Proceeds - 2007 Water & Sewer Bonds
Expenditures - Increase Capital Expenditures tor SW Bremel10n Construction Work Planned for Remainder 01'2007
Nct adjustment required to the ending fund balance
FUND 452
$
4,456,442
(506,000)
$
3,950,442
CITY OF BREMERTON
2007 ANTICIPA fED REVENUES. EXPENDITURES AND CHANGES IN FUND BALANCE
STORMWA TER UTILITY
For the Year Ended December 31, 2007
Original
Budget
2007
Proposed
Revised
Budget
20(17
Actuals Thm
June 30, 2007
REVENUES
Taxes
Properly
Sales
Other
Licenses and Permits
Intergovernmental
Charges for Services
Fines and Forfeitures
M i scell aneous
Transfers in
Total Revenues
s
$
$
1,735,581 909,104 I. 735,581
60,000 74,163 60,000
1,795,581 983,267 1,795,581
863,805 353,737 840,805
499,465 227,344 599,465
464,000 1,620 464,000
16,966 16,020 16,966
246,759 76,300 246,759
2,090,995 675,021 2,167,995
(295,414) 308,246 (372,414)
493,366 1,008,881 1,008,881
197,952 $ 1,317,127 $ 636,467 $
EXPENDITURES
Personnel Expenses
Supplies, Services, and Taxes
Capital Expenditures
Debt Service
Transfers Out
Total Expenditures
CHANGES IN FUND BALANCE
Net change in working capital
Fund Balances-beginning working capital
Fund Balances-ending working capil $
Adj Required
From The
Original Budget
2007
$
(23,000)
100,000
77,000
(77,000)
515,515
438,515
Ending fund balance should be 12% of annual expenditure budget excluding capital - which is $254,591 for the budget as amended.
Projected Balance is $636,467 after proposed amendments are completed - which exceeds the target level.
Bud2et Adiustments:
Adjust beginning fund balance to actual
Items Previously Approved by Council (Agenda Bill #)
Expenditure - Increase Supplies and Services for 2006 Budget Carryover (AS 07-10 I)
New Items Not Previously Approved by Council
Expenditure - Decrease Personnel Expense for Reallocated Labor Hours to General Fund - General Facilities
Net adjustment required to the ending fund balance
FUND 481
$
515,515
( 100,000)
23,000
$
438.515
CITY OF BREMERTON
2007 ANTICIPATED REVENUES. EXPENDITURES AND CHANGES IN FUND BALANCE
UTILITY DEBT RESERVE
For the Year Ended De~ember 3 I. 2007
Proposed Adj Required
Original Revised From The
Budget Aduals Thru Budget Original Budget
2007 June 30, 20lH 2007 2007
REVENUES
Ta'(es
Property $ $ :5 $
Sales
Other
Li~enses and Pennits
Intergovernmental
Charges for Services
Fines and Forfeitures
Miscellaneous \8,000 11.841 18,000
Transfers in
Total Revenues 18,000 11,841 18,000
EXPENDITURES
Personnel Expenses
Supplies, Services, and Taxes
Capital Expenditures
Debt Service
Transfers Out
Total Expenditures
CHANGES IN FUND BALANCE
Net change in working capital 18,000 11,841 18,000
Fund Balances-beginning working capital 564,374 557,859 557,859 (6,515)
Fund Balances-ending working capit $ 582,374 $ 569,700 $ 575,859 $ (6,515)
Adjust beginning fund balance to actual $ (6,515)
N~t adjustment required to the ending fund balance $ (6,515)
FUND 499
CITY OF BREMERTON
2007 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE
RISK MANAGEMENT INTERNAL SERVICE FUND
For the Year Ended December 3 I , 2007
Proposed Adj Required
Original Revised From The
Budget Actuals Thru Budget Original Budget
2007 June 30, 2007 2007 2007
REVENUES
Taxes
Property $ $ $ $
Sales
Other
Licenses and Permits
Intergovernmental
Charges for Services
Fines and 'Forfeitures
Miscellaneous 1,212,970 1,047,932 1,212,970
Transfers in
Total Revenues 1,212,970 1,047,932 1,212,970
EXPENDITURES
Personnel Expenses 334,107 238,471 431,365 97,258
Supplies, Services, and Taxes 978,670 653,254 978,670
Capital Expenditures
Debt Service
Transfers Out
Total Expenditures 1,312,777 891,725 1,410,035 97,258
CHANGES IN FUND BALANCE
Net change in working capital (99,807) 156,207 (197,065) (97,258)
Fund Balances-beginning working capital 1,307,534 1,380,428 1,380,428 72,894
Fund Balances-ending working capil $ 1,207,727 $ 1,536,635 $ 1,183,363 $ (24,364)
Budl!et Adiustments:
Adjust beginning fund balance to actual
Items Previouslv Approved bv Council (Agenda Bill #)
Expenditure - Increase Personnel Expenses for .50 FTE Split Between Legal Dept. & Risk Mgmt Dept. (50% each) AB 07-062
Expenditure - Increase Disability Pay Expense due to settled claims (AS 07-100)
Net adjustment required to the ending fund balance
FUND 503
$
72,894
( 15,632)
(81,626)
$
(24,364)
CITY OF BREMERTON
2007 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE
EQUIPMENT RENTAL RESERVE
For the Year Ended December 31, 2007
Net adjustment required to the ending fund balance
FUND 510
$
218,598
CITY OF BREMERTON
2007 ANTICIPATED REVENUES. EXPENDITURES A!\JD CHANGES IN FUND BALANCE
INFORMA TION SERVICES
For the Year Ended December 3 I. 2007
Proposed Adj Required
Original Revised From The
Budget Actuals Thru Budget Original Budget
2007 June 30.2007 2007 2007
REVENUES
Taxes
Property $ $ $ $
Sales
Other
Licenses and Permits
Intergovernmental
Charges for Services 843,153 421,577 843.153
Fines and Forfeitures
Miscellaneous 25,000 8,850 25,000
Transfers in
Total Revenues 868, 153 430,427 868,153
EXPENDITURES
Personnel Expenses 461,488 234,562 461,488
Supplies, Services, and Taxes 410,685 228,965 410,685
Capital Expenditures 80,000 98 80,000
Debt Service
Transfers Out
Total Expenditures 952,173. 463,625 952,173
CHANGES IN FUND BALANCE
Net change in working capital (84,020) (33,198) ( 84,020)
Fund Balances-beginning working capital 177,000 259,649 259,649 82,649
Fund Balances-ending working capil $ 92,980 $ 226,451 $ 175,629 $ 82,649
Budl!:et Adiustments:
Adjust beginning fund balance to actual
Items Previouslv Approved bv Council (Agenda Bill #)
New Items Not Previouslv Aooroved bv Council
Net adjustment required to the ending fund balance
FUND 511
$
82,649
$
82,649
Budl!et Adiustments:
Adjust beginning fund balance to actual
Net adjustment to ending fund balance required
New Items Not Previouslv Approved bv Council
FUND 601
$
47,380
$
47,380
DATE SUBMITTED: 8/3/07
BILL#
_07'- ~/4
~A
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
........................................................................................
SUBJECT: Contract with JD Francis for
Commissioned Artwork.
Committee Meeting Date: August 22., 2007
COUNCIL MEETING Date: September 5, 2007
Department: DCD
Presenter: Arts Commission
Chairman Priest!
Andrea Spencer
Phone: 473-5283
SUMMARY: On May 16,2007, the Bremerton Arts Commission presented to City Council JD
Francis as an artist selected to produce artwork to be installed at the Art Morken Law Enforcement
Building located at 1025 Burwell Street and Council authorized the Commission to negotiate a Scope
of Work and finalize design. The artist's scope of work and contract have been completed and are
being brought forward for City Council approval.
ATTACHMENTS: Contract with JD Francis for Commissioned Artwork
FISCAL IMPACTS (Include Budgeted Amount): The 2007 Budget authorized the Arts Commission
to spend up to $72,088.00. This installation will cost $10,018.35 and there are sufficient funds in the
I % For The Arts fund for this contract.
-,
/
APPROV ALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MA YOR:
COMMITTEE CHAIR
COUNCIL PRESIDENT:
CONSENT AGENDA D
GENERAL BUSINESS~
PUBLIC HEARING D
RECOMMENDED MOTION: Move to approve the Contract for Commissioned Artwork with JD
Francis to create an art piece for installation at the Art Morken ~a\1V [f1foreen1Cnt Building and
authorize the Mayor to finalize and execute the contract in substantially the same form as presented.
COUNCIL ACTION: D Approve D Deny D Table
D Continue D No Action
CONTRACT FOR COMMISSIONED ART\VORK
THIS CONTRACT is entered into by and between the CITY OF BREMERTON (the
"City"), having its principal offices at 345 - 6th Street, Suite 600, Bremerton, Washington and JD
Francis, dba Phoenix Design, (the "Aliist") whose principal address is: PO Box 1693, Kingston,
W A 98346.
WHEREAS, Public Art is recognized as a stimulus to the vitality, economy, and culture
of our community, enhancing the quality of life for all citizens because of its public nature; and
WHEREAS, the City Council has established a CITY OF BREMERTON ARTS
COMMISSION, and a One Percent (1 %) for Arts Program pursuant to City of Bremerton
Ordinance #4940; and .
WHEREAS, the ARTIST was selected to design, execute, fabricate, transport, and
permanently install a work of art in a public space as designated by the ARTS COMMISSION;
and
WHEREAS, the ARTS COMMISSION desires to contract with the ARTIST for a work
of art; and
WHEREAS, in consideration of the mutual benefits and covenants contained herein, the
CITY and the ARTIST agree as follows:'
SECTION 1 SCOPE OF WORK
1.1 A description of the work to be performed by the Artist, induding a drawing of the
proposed work, is set forth in Exhibit A: Description of Work and Schedule, which is
attached to the Contract and incorporated by reference.
1.2 The Artist will perform the work set forth and required under this Contract in a
satisfactory and competent manner. Should the Artist employ and subcontract with any
third persons in the performance of this Contract, the Artist agrees that all such third
persons will be bound by the terms and conditions ofthis Contract.
1.3 The Artist will confer with the Arts Commission and City staff from time to time during
the progress of the work. The Artist will prepare and present status reports and other
information, induding but not limited to maquettes, or detailed drawings describing the
progress of the work, that may be pertinent and necessary, or as may be requested by the
Arts Commission or mandated in Exhibit A of this Contract.
SECTION 2 TERM
The City and the Artist agree that work will begin on the tasks described in Exhibit A
immediately upon execution of this Agreement.
Page 1 of18
SECTION 3 CONTRACT REPRESENTATIVES
The City and the Artist will each have a contract representative. A pariy may change its
representative upon providing written notice to the other party. The parties' representatives are as
follows:
City's Contract Representative
Pam Ransier
345 - 6th Street, Suite 600
Bremerton, W A 98337
360-473-5202
360-473-5278 (fax)
pam.ransier@ci.bremerton.wa.us
Contractor's Contract Representative
JD Francis
PO Box 1693
Kingston, W A 98346
360-297-6000
360-297 -6000
francis@tscnet.com
SECTION 4 COMPENSATION
4.1 The Artist shall be paid for completed work related to this Contract. Such payment shall
be full compensation for all work performed to complete the work. The payment for the
work shall not exceed $10,018.35. Payments will be made in accordance with Exhibit B.
4.2 The City shall determine dates of completion for stages of the project as set forth in
Exhibit A. The artist may submit an invoice to the City after each stage is completed.
Subject to the other provisions of the Contract, the City will generally pay such invoice
within 30 days of receiving it. It is understood that the City has no obligation regarding
sales commissions or any agreements with galleries or agents with whom the Artist may
have contracted.
4.3 The Artist will be paid only for work expressly authorized in the Contract.
4.4 The Artist will not be entitled to payment for any services that were performed prior to
the effective date of the Contract or after its termination, unless a provision of the
Contract expressly provides otherwise.
4.5 If the Artist fails to comply with any terms or conditions of this Contract or to provide in
any manner the work agreed to herein, the City may withhold any payment due the Artist
until the City is satisfied that corrective action, as specified by the City, has been
completed. This right is in addition to, and not in lieu of, the City's right to terminate this
Contract.
4.6 In the event that the Artist breaches any of the obligations, tem1S and conditions ofthis
Contract, has failed to provide in any manner the work agreed to herein, and if the City
deems said breach to warrant corrective action, the following sequential procedure shall
be followed:
A. The City shall notify the Artist in writing of the nature of the breach;
B. The Artist shall respond in writing within ten (10) working days of his/her receipt
Page 2 of 18
of such notice, and indicate in the response the steps being taken to con"ect the
specified non-compliance actions constituting breach. The conective action plan
shall specify the proposed completion date for bringing the Contract into
compliance;
C. The City shall notify the Artist in writing of the City's detennination as to the
sufficiency of the Artist's corrective action plan. The detennination of sufficiency
of the Artist's corrective action plan shall be at the sole discretion of the City;
D. In the event that either the Artist does not respond or provide a corrective action
plan within ten (10) working days or the Artist's corrective action plan is deemed
to be insufficient, the City may tenllinate this Contract in whole or in part
pursuant to Section 9 of this Contract;
E. In addition, the City may withhold any payment owed the Artist and/or prohibit
the Artist from incuning additional expenses until the City is satisfied that
corrective action has been taken or completed; and
F. Nothing herein shall be deemed to affect or waive any rights the parties may have
pursuant to the Section 9 of this Contract.
4.7 The Contract amount is inclusive of all applicable state and federal taxes including any
Washington State Sales Tax owed by the City as a result of this Contract. It is the
responsibility of the Artist to remit any sales taxes to the Washington State Department of
Revenue.
SECTION 5 AMENDMENTS AND CHANGES IN WORK
5.1 In order to be effective, any Contract renewal, amendment or modification must be in
writing, be signed by both parties and be attached to the Contract. Work under a renewal,
an amendment or a modification may not commence until the renewal, amendment or
modification has been approved by the Arts Commission, as well as the City Council.
5.2 The City may request that the Artist provide additional services beyond those required in
the Scope of Service. These additional services, if performed due to unusual
circumstances outside. the Artist's Contract which cause the Artist extra work and
expense, shall be paid for by the City in addition to the agreed upon fee set forth in
paragraph 4.1 above, provided that the Artist first obtains prior authorization of the extra
expense(s) by the City.
SECTION 6 \V ARRANTY
6.1 The Artist wanants that the work being commissioned is the original product of his/her
own creative efforts.
6.2 The Artist shall be responsible for a period of seven years from the date of installation of
the Artwork for the integrity of the materials and fabrication techniques of the ariwork
and the installation. Artist's liability for breach of this warranty shall be limited to the
cost of repairs of the artwork and/or the installation. The responsibility for the
Page 3 of 18
dete1111ination of the Artist's liability for faults or defects in the work during the seven-
year period shall be solely that of the City. The Artist is not expected to warrant damages
caused by vandalism, n01111al wear and tear and natural occurrences such as St01111S, fires,
floods and earthquake damage.
SECTION 7 HOLD HARMLESS AND INDEMNIFICATION
7.1 The Artist will hold hannless, indemnify and defend the City, its officers, officials,
employees and. agents, from and against any and all claims, actions, suits, liability, loss,
expenses, damages and judgments of any nature whatsoever, including reasonable costs
and atto111eys' fees in defense thereof, for injury, sickness, disability or death to persons
or damage to property or business, caused by or arising out of the acts, errors or
omissions of the Artist, its officers, employees or agents in the performance of this
Contract. Provided, however, that the Artist's obligation under this provision will not
extend to injury, sickness, disability, death or damage caused by or arising out of the sole
negligence ofthe City, its officers, officials, employees or agents. The Artist's duty
extends to the claim by Contractors or any subcontractor's officers, employees or agents.
For the purposes of this indemnification provision, the Artist expressly waives its
immunity under Title 51 (Industrial Insurance) of the Revised Code of Washington and
acknowledges that this waiver was mutually negotiated by the parties.
7.2 The Artist's obligations under these provisions include, but are not limited to,
investigating, adjusting and defending all claims alleging loss from action, error or
omission, or breach of any common law, statutory or other delegated duty by the Artist,
the Artist's employees, agents or subcontractors.
7.3 The provisions of this Section shall survive the termination or expiration ofthis Contract.
SECTION 8 INSURANCE
8.1 Insurance coverage is not required during the design phase of this contract or while the
Artist is completing work on the artwork in his/her studio. The responsibility for and risk
of damage to or loss of the work during the design phase or while the Artist is completing
work in his/her studio shall be solely that of the Artist. Prior to the commencement of
anyon-site installation or fabrication, the Artist and/or his/her subcontractors shall
purchase and maintain for the duration of anyon-site fabrication and/or installation,
insurance against claims for injuries to persons or damages to property that may arise
from, or in connection with, the performance of work done by the Artist, his/her agents,
representatives, employees, and/or subcontractors. All insurance coverages shall be
approved by the City's Risk Manager.
8.2 The Artist and/or his/her subcontractors shall pay for the costs of the required insurance.
8.3 All insurance policies shall name the City of Bremerton, its officers, officials, employees
and agents as additional insured's as respects liability arising out of activities perf01111ed
by or on behalf of the Aliist in connection with this Contract.
8.4 Any deductibles or self-insured retentions must be declared to, and approved by, the City.
The deductible and/or self-insured retention of the policies shall not apply to the Artist's
Page 4 of 18
liability to the City and shall be the sole responsibility of the Artist.
8.5 The Artist's insurance shall apply separately to each insured against whom claim is made
and/or lawsuit is brought.
8.6 The Artist's insurance coverage shall be the primary insurance as respect to the City, its
officers, officials, employees, and agents. Any insurance and/or self-insurance
maintained by the City, its officers, officials, employees, or agents shall not contribute to
the AIiist's insurance or benefit the Artist in any way.
8.7 The minimum scope and minimum limits of insurance required by this contract are as
follows:
A. WORKERS COMPENSATION: Coverage as required by the Industrial Insurance
Act of the State of Washington, Title 51, Revised Code of Washington.
B. PROFESSIONAL LIABILITY: Visual Artists do NOT require professional
liability insurance. However, in the event that services delivered as a part ofthis
contract require professional services, Professional Liability, Errors and Omission
coverage shall be provided. "Professional Services", for the purpose of this
contract section shall mean any services provided by a licensed professional, such
as structural review or engineering.
C. The Artist will include all subcontractors as insured's under its policies or will
finish separate certificates and endorsements for each subcontractor. All coverage
for subcontractors will be subject to all of the requirements stated in these
provISIOns.
D. The insurance limits mandated for any insurance coverage required by the
Contract are not intended to be an indication of exposure, nor are they limitations
on indemnification.
E. If the Artist will be constructing the artwork on site, the Artist will provide
$1,000,000 Commercial General Liability Insurance.
8.8 Verification of Coverage and Acceptability ofInsurers.
A. The Artist shall place insurance with insurers licensed to do business in the State
of Washington and having A.M. Best Company ratings of no less than A-VII,
with the exception that excess and umbrella coverage used to meet the
requirements for limits of liability or gaps in coverage need not be placed with
insurers or re-insurers licensed in the State of Washington.
B. The Artist shall fumish the City with properly executed certificates of insurance
or a signed policy endorsement that will clearly evidence all insurance required in
this Section within 10 days after the effective date of the Contract. The certificate
will, at a minimum, list limits of liability and coverage. The certificate will
provide that the underlying insurance contract may not be materially changed,
canceled, or allowed to expire, except on 30-days' prior written notice to the City.
Page 5 of 18
Any celiificate or endorsement limiting or negating the insurer's obligation to
notify the City of cancellation or changes must be amended so as not to negate the
intent of this provision.
C. The Artist shall furnish the City with evidence that the additional-insured
provision required above has been met. Acceptable fonTIs of evidence are the
endorsement pages of the policy showing the City as an additional insured.
8.9 Written notice of cancellation or change shall be mailed to the City at the following
address:
Risk Management Division
City of Bremerton Financial Services
345 - 6th Street, Suite 600
Bremerton, W A 98337
8.10 The Artist or his/her broker shall provide a copy of all insurance policies
specified in the Contract upon request of the City of Bremerton's Risk Manager.
SECTION 9 TERMINATION
9.1 The City may terminate the Contract in whole or in part whenever the City determines, in
its sole discretion, that such termination is in the best interests of the City. The City may
terminate the Contract upon giving the Artist 10-days' written notice. In that event, the
City will pay the Artist for all costs incurred by the Artist in performing the Contract up
to the date of such notice, subject to the other provisions of the Contract.
9.2 If funding for the underlying project or matter is withdrawn, reduced or limited in any
way after the Contract is signed or becomes effective, the City may summarily terminate
the Contract notwithstanding any other termination provision in the Contract.
Termination under this provision will be effective upon the date specified in the written
notice of termination sent by City to the Artist. No costs incurred after the effective date
of the termination will be paid.
9.3 If the Artist breaches any of its obligations under the Contract, and fails to cure the
breach within 10 days of written notice to do so by the City, the City may terminate the
Contract. In that event, the City will pay the Artist only for the costs of services accepted
by the City. Upon such termination, the City, at its discretion, may obtain performance of
the work elsewhere, and the Artist will bear all costs and expenses incurred by the City in
completing the work and all damages sustained by the City by reason of the Artist's
breach or the City may determine to allow the Artist to refund all moneys paid to him/her
by the City and retain the work, together with any drawings, specifications and models
and all materials and supplies purchased for the work, for his/her own use without
restriction.
SECTION 10 ASSIGNMENT, DELEGATION AND SUBCONTRACTING
10.1 The Aliist will perfonTI under the Contract using only its bona fide employees or agents,
and the obligations and duties of the Artist under the Contract will not be assigned,
Page 6 of 18
delegated or subcontracted to any other person or firm without the prior express written
consent of the City.
10.2 The Artist warrants that it has not paid, nor has it agreed to pay, any company, person,
partnership or firm, other than a bona fide employee working exclusively for Artist, any
fee, commission, percentage, brokerage fee, gift or other consideration contingent upon
or resulting from the award or making of the Contract.
SECTION 11 INDEPENDENT CONTRACTOR
11.1 The Artist's services will be furnished by the Artist as an independent contractor and not
as an agent, an employee or a servant of the City. The Artist specifically has the right to
direct and control Artist's own activities in providing the agreed services in accordance
with the specifications set out in the Contract. The Artist and/or his/her agents or
employees and/or sub-contractors shall make no claim of career service or civil service
rights which may accrue to a City employee under state or local law.
11.2 The Artist acknowledges that the entire compensation for the Artist is set forth in the
compensation provisions of the Contract and the Artist is not entitled to any City benefits,
including, but not limited to: vacation pay; holiday pay; sick leave pay; medical, dental or
other insurance benefits; fringe benefits; or any other rights or privileges afforded to City
employees.
11.3 The Artist will have and maintain complete responsibility and control over all of its
subcontractors, employees, agents and representatives. No subcontractor, employee,
agent or representative of the Artist will be or be deemed to be, or act or purport to act, as
an employee, agent or representative ofthe City.
11.4 The City assumes no responsibility for the payment of any compensation, wages,
benefits, or state and/or federal taxes by, or on behalf of, the Artist. The Artist shall
protect, indemnify and hold harmless the City its officials, officers, agents, and
employees from and against any and all claims, costs, and/or losses whatsoever occurring
or resulting from:
A. The Artist's failure to pay any compensation, wages, benefits, or taxes; and/or
B. The Artist's receipt of work, services, materials, or supplies from the Artist's
employees, suppliers or sub-contractors in connection with or support of the
Artist's performance of services contracted for herein.
11.5 The Artist further agrees that he/she is financially responsible for and will repay. the City
all indicated amounts following an audit which occurs due to the negligence, intentional
act and/or failure for any reason to comply with the tenns of this contract by the Artist,
his/her employees, or agents. The Artist's obligation to repay the City shall not be
diminished or extinguished by the prior tern1ination of the contract pursuant to the tern1S
of this Contract.
SECTION 12 NONDISCRIMINATION
Page 7 of 18
The Artist, its assignees, delegates or subcontractors will not discriminate against any person in
performance of any of its obligations under the Contract on the basis of race, color, creed,
religion, national origin, age, sex, sexual orientation, marital status, veteran status or the presence
of any disability.
SECTION 13 O\VNERSHIP OF MATERIALS/WORKS PRODUCED
13.1 Ownership of the work under this Contract shall transfer to the City upon completion of
the work and final payment is made to the Artist pursuant to Exhibit B.
13.2 The Artist and City agree that any proposal to alter, modify, or otherwise change the
work ofthe Artist shall be first discussed with the Artist. The City will make a good faith
effort to contact the Artist and obtain written approval to proceed with the proposed
alteration, modification, or change; such approval shall not be unreasonably withheld by
the Artist. If an alteration, modification or change should occur, the Artist reserves the
right to request that the work no longer be represented as the work of the Artist and to
have his/her name removed from any plaque or other identification ofthe Artwork
provided that the Artist shall make this request to the City in writing.
13.3 The Artist agrees the City will be granted royalty-free the authority to incorporate the
project artwork in construction documents for the purposes of constructing and
completing the project. !
13.4 The Artist shall have the right to photograph, or contract to have the project
photographed, during and upon completion of construction and to provide these
photographs for publication. However, the City shall be informed of any publication in
which the Artist intends to display the work.
13.5 The Artist shall register the project and place a copyright notice on or near the project in
the form and manner required to protect copyrights of the project under United States
copyright law. Ifthe copyright is registered with the US Copyright Office, the Artist
shall provide the City's contract administrator with a copy of the application for
registration, the registration number and the effective date of registration. Except as
provided in this Agreement, the Artist retains all copyrights in the project including its
preliminary design and incidental works created for the Proj ect.
13.6 The Artist hereby grants the City permanent, assignable, non-exclusive royalty-free
permission to make, or cause to be made, photographs and other two dimensional
reproductions and models of the project for educational, project awards, public relations,
tourism, arts promotional purposes without payment of a royalty to the Artist. For
purposes of this Agreement, the following are among those deemed to be permissible
reproductions for the above cited purposes: brochures and pamphlets pertaining to the
Engineer and Owner; reproduction in exhibition catalogues, project awards, books, slides,
photographs, postcards, posters, and calendars; in art magazines, art books and art and
news sections of newspapers; in general books and magazines not primarily devoted to
art; slides and film strips; and television. On any and all such reproductions a copyright
of the project under the United States Copyright Law and credit to the Artist will appear.
The Artist agrees that all written references to and reproductions to the project shall
include the following credit line:
Page 8 of18
"This project was sponsored by the City of Bremerton's 1 % For The Arts program."
SECTION 14 PATENT/COPYRIGHT INFRINGEMENT
14.1 The Artist will hold harmless, indemnify and defend the City, its officers, officials,
employees and agents, from and against any claimed action, cause or demand brought
against the City, where such action is based on the claim that infonnation supplied or
work perfoffi1ed by the Artist or subcontractor infringes any patent or copyright or other
intellectual property or proprietary right. The Artist will be notified promptly in writing
by the City of any notice of such claim.
14.2 All reproductions made by the City shall contain a credit to the Artist and a copyright
notice substantially in the following form: "'Copyright, Artist's name, all rights reserved,
dates", in such a manner and location as shall comply with the U.S. Copyright Laws.
SECTION 15 DISPUTES
!
Differences, disputes and disagreements between the Artist and the City arising under or out of
the Contract will be brought to the attention of the City at the earliest possible time so that the
matter may be settled or other appropriate action promptly taken. The City's contract
representative or designee will decide any dispute relating to the quality or acceptability of
performance or compensation due the Artist. All rulings, orders, instructions and decisions of the
City's contract representative will be final and conclusive.
SECTION 16 TECHNICAL AND MAINTENANCE RECORD
Upon completion of the work, the Artist will provide to the City a technical and maintenance
record for the work. Such information shall set forth the specifications necessary for the City to
care for and maintain the work. The technical and maintenance records shall be incorporated
into this Contract as though set forth fully herein.
SECTION 17 REPAIRS AND MAINTENANCE
17.1 The City recognizes that normal maintenance of the work will involve simple procedures
as set forth in technical and maintenance record provided by the Artist and that such
maintenance on a regular basis is essential to the integrity of the work. The City is
responsible for all routine maintenance required on a periodic basis as specified by the
Artist.
17.2 The City shall be responsible for making all necessary repairs and restorations of the
work unless other provisions of this Contract apply. However, the City's responsibility
for repairs and restoration of the work is contingent upon receipt of adequate
appropriations for this purpose.
17.3 Where possible, the Artist shall be consulted as to his/her recommendations regarding
repairs and restorations being made. To the extent practicable and in accordance with
accepted principles of professional conservation, the Artist shall be given the opportunity
to accomplish repairs and restorations and shall be paid a reasonable fee for the services.
Page 9 of 18
SECTION 18 CHANGES/ALTERATIONS/DESTRUCTION
18.1 The City shall notify the Artist of any proposed alteration of the site or adjoining areas
that would affect the intended character and appearance of the work and shall consult the
Artist in the planning of any alteration.
18.2 Because the installation of the work may subject the work to future destruction,
distortion, mutilation, or other modification by reason of its removal, the Artist waives
any and all rights the Artist has under the Copyright Act of 1976, 17 U.S.c. S 101, et seq.
SECTION 19. MISCELLANEOUS
19 .1 Waiver. The parties agree that the excuse or forgiveness of performance, or waiver of
any provisions of the Contract, does not constitute a waiver of such provision or future
performance, or prejudice the right of the waiving party to enforce any of the provisions
of the Contract at a later time.
19.2 Tax Payments. The Contractor will pay all applicable federal, state and local taxes, fees
(induding licensing fees) and other amounts.
19.3 Personnel Removal. The Contractor agrees to remove immediately any of its
subcontractors, employees, agents or representatives from assignment to perform services
under the Contract upon receipt of a written request to do so from the City's contract
representative or designee.
19.4 Legal Compliance. The Contractor and its subcontractors, employees, agents and
representatives will comply with all applicable federal, state and local laws, rules and
regulations in their performance under the Contract.
19.5 Records. The Artist and/or his/her subcontractors, shall maintain records in accordance
with generally accepted accounting procedures and other evidence of all expenses
incurred in the performance of this contract. The City and/or Federal/State officials shall,
for the purpose of examination and audit, have access to and be permitted to inspect such
records and other evidence of costs and expenses charged to the City and/or incurred for
the Artwork for a period of six (6) years after termination of contract.
19.6 Severability. If a court of competent jurisdiction holds any provision of the Contract to
be illegal, invalid or unenforceable, in whole or in part, the validity of the remaining
provisions will not be affected, and the parties' rights and obligations will be construed
and enforced as if the Contract did not contain the particular provision held to be invalid.
,If any provision of the Contract conflicts with any statutory provision of the State of
Washington, the provision will be ,deemed inoperative to the extent of the conflict or
modified to confoml to statutory requirements.
19.7 Entire Agreement. The parties acknowledge that the Contract is the complete expression
of their agreement regarding the subject matter of the contract. Any oral or written
representations or understandings not incorporated in the Contract are specifically
excluded.
Page 10 ofl8
19.8 Notices. Any notices will be effective if personally served upon the other party or if
mailed by registered or certified mail, retum receipt requested, to the addresses set out in
the contract representatives provision of the Contract. Notice may also be given by
facsimile with the original to follow by regular mail. Notice will be deemed to be given
three days following the date of mailing, or immediately if personally served. For service
by facsimile, service will be effective at the beginning of the next working day.
19.9 Choice of Law and Venue. This Agreement shall be interpreted according to the laws of
the State of Washington. Any judicial action to resolve disputes arising out of this
Agreement shall be brought in Kitsap County Superior Court.
DATED this_day
,200_.
DATED this_day
,200_.
ARTIST
CITY OF BREMERTON
By:
(Signature)
Print Name:
By:
Title:
Its:
Page II of 18
EXHIBIT A: DESCRIPTION OF SERVICES AND SCHEDULE
***************************
CONTRACT FOR COMMISSIONED ARTWORK
JD Francis, dba Phoenix Design, (the "Artist") and City of Bremerton, (the "City")
mutually agree that the Artist create miwork for the Art Morken Law Enforcement
Building (the "Project"). The Artist will be expected to coordinate the fabrication and
installation of the artwork with the Arts Commission Staff.
The Artist agrees that an essential element of this agreement is the skill and creativity of
the Artist. The Artist, therefore, shall not assign the creative or artistic portions of the
work to another party without the consent of the City.
The Artist shall:
. Notify the Arts Commission if a significant change occurs in the scope, material,
design or siting of the work subsequent to preliminary design approval, and
submit the proposed changes for review prior to implementing the changes.
. Warrant that the work is an original product of his/her own creative effort.
· Guarantee the integrity of the materials and fabrication and installation techniques
for a period of seven years after installation.
· Specify the limit of the edition if an artwork is selected which can be reproduced
as an edition.
· Notify City of Bremerton' s Arts Commission staff of any changes of address
during the project and following completion ofthe project for as long as the City
shall own the artwork.
· Provide regular reports to the Arts Commission as to the status of the project
during the construction phase. The Artist will allow for studio visits from the
Arts Commission as requested by Arts Commission staff.
Implementation & Fabrication
A. The artwork will consist of:
1) One carved and cast glass mi piece, 43" by 63" in size, replicating the City of
Bremerton Police badge.
B. The total budget shall not exceed $10,018.35 for the fabrication and installation ofthe
artwork. An approved budget is attached as part of this contract. The Artist shall provide
all labor and materials necessary to produce and complete a finished work of art; delivery
Page 12 of 18
of artwork; and installation of the artwork.
C. In the event that the At1ist must make changes to the design during construction; the
Al1ist shall present any significant changes in the scope, design, character or medium of
the project to the City for approval. Significant aesthetic changes must be approvedby
the Arts Commission.
D. The Artist shall work in coordination with the Arts Commission, Arts Commission
staff, and the Chief of Police during the site install for the exact placement ofthe artwork.
E. The Artist will provide infom1ation to the City regarding materials and finishes to be
used in the creation of the artworks. Substitutions may be requested by the City in the
event that the proposed materials do not comply with health and safety issues, ADA
requirements or fire code ratings.
F. Upon completion of the artwork and prior to final payment, the Artist must:
1. Make public presentations regarding the artwork as requested by the Arts
Commission.
2. Provide photographic documentation of the artwork at the completion of the
project. Supply high resolution color digital (JPEG) images on a compact
disk (CD).
3. Submit a maintenance report for the project to the Arts Commission staff.
The report will provide detailed instructions regarding routine and
extraordinary maintenance of the artwork, including specifications for any
replaceable units or specialty fabricated parts such as tiles, grates, grouts,
paint colors, or other surface finishes, plantings, or multiple-cast elements.
4. Register the project and place a copyright notice on or near the project in the
form and manner required to protect copyrights of the project under United
States copyright law. lfthe copyright is registered with the US Copyright
Office, the Artist shall provide the City's contract administrator with a copy of
the application for registration, the registration number and the effective date
of registration. Except as provided in this Agreement, the Artist retains all
copyrights in the project including its preliminary design and incidental works
created for the Project
5. Submit an Artist's statement conceming the artwork purchased under this
agreement; and
6. Submit the Al1ist's professional resume.
Page 13 of18
Exhibit A
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EXHIBIT B: COMPENSATION & PAYMENT SCHEDULE
The Artist will be paid a total of $1 0,018.35 for the scope of work included in this
contract. The payments will be made as follows:
1. $3,339.45 upon activation of the contract for the purchase of materials.
2. $3,339.45 (upon 50% completion of studio fabrication), no later than
December 31, 2007.
3. $3,339.45 upon completion of installation and final acceptance of the artwork,
no later than March 31, 2008
At each fee/fabrication milestone outlined above, the Artist will submit a brief written
report, which describes project progress to date. The Artist should submit samples of
materials ifthey are available.
All Invoices should be mailed or delivered to:
Pam Ransier, Clerk
City of Bremerton 1 % For the Arts Program
345 - 6th Street, Suite 600
Bremerton, W A 98337
The Artist will submit the final invoice and other documents as are required by this
Contract within sixty (60) days of completion ofthe Scope of Service. Unless waived by
the City in writing, failure by the Artist to submit the final invoice and required
documents will relieve the City from any and all liability for payment to the Artist for the
amount set forth in such invoice or in any subsequent invoice.
Page 17 of 18
POLICE I;ACILITY GLASS PROJECT QUOTE
Exhibit B
--" :-.-:. ." '~''''~::-\-=-'-^'---~~~--'=--:~~'-.-.".:,-:. ,-.
.PHOENIX DESIGN:,-
fc~ ~~-=C:_T:=:::'::= =::':5i_:=-~:C:_:: --~::::::_T-::':_3
26006 Barber Cut.off Rd PO Box 1693 Kingston WA 98346 360 297 6000 phone/fax francis@tscnet.com
Busin~s~ Nam~: Br~~;~~-t;)J1-kt~ COll11~i;;~'iOl~----------1 PO#.-------d-]Date:-~\.~ri1261 2007------
___________~ren~ertol1., _~ asl1.ing'ton __ ___________. __
Name: City of Bremerton Police }::!acility
Address: 1025 Burwell Street
Cit , State, Zi : Bremerton, W A
phone: Contact: Pam Ransier @ 360-473-5202 Cell: Fax:
QUANTTY DESCRlPTION AMOUNT
I
Proposal to design, manufachll"e, and install an art glass project at I
I
tl1.e Bremerton Police Facili!L consisting of the following: I
I
,
1
Location: Exterior Entrance Wall 1
Design an assemllly of carved and cast 3/8" plate ~lass using i
Silvered bacl~i:f!g'. Panel size is approx. 43" x 63" I
R~licate the silvered 'portion of the Police Badge 1
I
i
Design an overlay glass assemh!L USil~ various formed and t
Etched colored glass elements.
These various elements replicate artistically the other I
Backe elements shown i
j
Attach W at~rjet-cut Metal Letterin.-&. elements in raised profile ,
NOTE: wonling as specified l~ the Client I
Fahricate a Stainless Steel Bezel Mount and steel cleats J
To mount final assemhly to wall I
,
i
Delivery amI InstaHation inclmled in this price I
!
S nIl-Total: $ 9,225. 00
. Tax: 793. 35
'fotal: $ 10,018. 35
Subject to mutual acceptance of Arts Conunission contract --
1----- --
'------ --- -
Approvea By
Thanl" you
DATE SUBMITTED: '6;:'/07
BILL#
07-~'S-
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
'8
........................................................................................
SUBJECT: Contract with James Kelsey for
Commissioned Artwork.
Committee Meeting Date: August 22., 2007
COUNCIL MEETING Date: September 5,2007 ___
Department: DCD
Presenter: Arts Commission
Chairman Priest!
Andrea Spencer
Phone: 473-5283
SUMMARY: On May 16,2007, the Bremerton Arts Commission presented to City Council James
Kelsey as an artist selected to produce artwork to be installed at the Art Morken Law Enforcement
Building located at 1025 Burwell Street and Council authorized the Commission to negotiate a Scope
of Work and finalize design. The artist's scope of work and contract have been completed and are
being brought forward for City Council approval.
ATTACHMENTS: Contract with James Kelsey for Commissioned Artwork
FISCAL IMPACTS (Include Budgeted Amount): The 2007 Budget authorized the Arts Commission
to spend up to $72,088.00. This installation will cost $35,000.00 and there are sufficient funds in the
1 % For The Arts fund for this contra
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MA YOR:
COMMITTEE CHAIR
COUNCIL PRESIDENT:
.A~
~--~ ~/.
CONSENT AGENDA 0
GENERAL BUSINESS)g
PUBLIC HEARING 0
RECOMMENDED MOTION: Move to approve the Contract for Commissioned Artwork with
James Kelsey to create an art piece for installation at the Art Morken Ltt"v Enforc0R10n~ Building and
authorize the Mayor to finalize and execute the contract in substantially the same form as presented.
COUNCIL ACTION: 0 Approvc 0 Dcny 0 Tablc
o Continue 0 No Action
CONTRACT FOR COMMISSIONED ARTWORK
THIS CONTRACT is entered into by and between the CITY OF BREMERTON (the
"City"), having its principal offices at 345 - 6th Street, Suite 600, Bremerton, Washington and
James Kelsey, dba James Kelsey Studios, (the "Artist") whose principal address is: 4761
Cottonwood Drive SE, POli Orchard, W A 98366.
WHEREAS, Public Art is recognized as a stimulus to the vitality, economy, and culture
of our community, enhancing the quality of life for all citizens because of its public nature; and
WHEREAS, the City Council has established a CITY OF BREMERTON ARTS
COMMISSION, and a One Percent (1 %) for Arts Program pursuant to City of Bremerton
Ordinance #4940; and
WHEREAS, the ARTIST was selected to design, execute, fabricate, transport, and
permanently install a work of art in a public space as designated by the ARTS COMMISSION;
and
WHEREAS, the ARTS COMMISSION desires to contract with the ARTIST for a work
of art; and
WHEREAS, in consideration of the mutual benefits and covenants contained herein, the
CITY and the ARTIST agree as follows:
SECTION 1 SCOPE OF WORK
1.1 A description of the work to be performed by the Artist, including a drawing of the
proposed work, is set forth in Exhibit A: Description of Work and Schedule, which is
attached to the Contract and incorporated by reference.
1.2 The Artist will perform the work set forth and required under this Contract in a
satisfactory and competent manner. Should the Artist employ and subcontract with any
third persons in the performance of this Contract, the Artist agrees that all such third
persons will be bound by the terms and conditions of this Contract.
1.3 The Artist will confer with the Arts Commission and City staff from time to time during
the progress of the work. The Artist will prepare and present status reports and other
information, including but not limited to maquettes, or detailed drawings describing the
progress of the work, that may be pertinent and necessary, or as may be requested by the
Arts Commission or mandated in Exhibit A of this Contract.
SECTION 2 TERM
The City and the Artist agree that work will begin on the tasks described in Exhibit A
immediately upon execution of this Agreement.
Page 1 of 17
SECTION 3 CONTRACT REPRESENT A TIVES
The City and the Artist will each have a contract representative. A party may change its
representative upon providing written notice to the other party. The parties' representatives are as
follows:
City's Contract Representative
Pam Ransier
345 - 6th Street, Suite 600
Bremerton, W A 98337
360-473-5202
360-473-5278 (fax)
pam.ransier@ci.bremerton.wa.us
Contractor's Contract Representative
J ames Kelsey
4761 Cottonwood Dr. SE
Port Orchard, W A 98366
360-871-1499
j arnes@jameskelseystudios.com
SECTION 4 COMPENSATION
4.1 The Artist shall be paid for completed work related to this Contract. Such payment shall
be full compensation for all work performed to complete the work. The payment for the
work shall not exceed $35,000.00. Payments will be made in accordance with Exhibit B.
4.2 The City shall determine dates of completion for stages ofthe project as set forth in
Exhibit A. The artist may submit an invoice to the City after each stage is completed.
Subject to the other provisions of the Contract, the City will generally pay such invoice
within 30 days of receiving it. It is understood that the City has no obligation regarding
sales commissions or any agreements with galleries or agents with whom the Artist may
have contracted.
4.3 The Artist will be paid only for work expressly authorized in the Contract.
4.4 The Artist will not be entitled to payment for any services that were performed prior to
the effective date of the Contract or after its termination, unless a provision ofthe
Contract expressly provides otherwise.
4.5 If the Artist fails to comply with any terms or conditions of this Contract or to provide in
any manner the work agreed to herein, the City may withhold any payment due the Artist
until the City is satisfied that corrective action, as specified by the City, has been
completed. This right is in addition to, and not in lieu of, the City's right to terminate this
Contract.
4.6 In the event that the Artist breaches any of the obligations, terms and conditions ofthis
Contract, has failed to provide in any manner the work agreed to herein, and if the City
deems said breach to warrant corrective action, the following sequential procedure shall
be followed:
A. The City shall notify the Artist in writing of the nature of the breach;
B. The Artist shall respond in writing within ten (10) working days of his/her receipt
Page 2 of 17
of such notice, and indicate in the response the steps being taken to corTect the
specified non-compliance actions constituting breach. The cOlTective action plan
shall specify the proposed completion date for bringing the Contract into
compliance;
C. The City shall notify the Ariist in writing of the City's determination as to the
sufficiency of the Artist's con"ective action plan. The dete1111ination of sufficiency
of the Artist's conective action plan shall be at the sole discretion of the City;
D. In the event that either the Artist does not respond or provide a conective action
plan within ten (10) working days or the Artist's conective action plan is deemed
to be insufficient, the City may tenninate this Contract in whole or in part
pursuant to Section 9 of this Contract;
E. In addition, the City may withhold any payment owed the Artist and/or prohibit
the Artist from incuning additional expenses until the City is satisfied that
conective action has been taken or completed; and
F. Nothing herein shall be deemed to affect or waive any rights the parties may have
pursuant to the Section 9 of this Contract.
4.7 The Contract amount is inclusive of all applicable state and federal taxes including any
Washington State Sales Tax owed by the City as a result of this Contract. It is the
responsibility ofthe Artist to remit any sales taxes to the Washington State Department of
Revenue.
SECTION 5 AMENDMENTS AND CHANGES IN WORK
5.1 In order to be effective, any Contract renewal, amendment or modification must be in
writing, be signed by both parties and be attached to the Contract. Work under a renewal,
an amendment or a modification may not commence until the renewal, amendment or
modification has been approved by the Arts Commission, as well as the City Council.
5.2 The City may request that the Artist provide additional services beyond those required in
the Scope of Service. These additional services, if performed due to unusual
circumstances outside the Artist's Contract which cause the Artist extra work and
expense, shall be paid for by the City in addition to the agreed upon fee set forth in
paragraph 4.1 above, provided that the Artist first obtains prior authorization of the extra
expense(s) by the City.
SECTION 6 WARRANTY
6.1 The Artist wanants that the work being commissioned is the original product of his/her
own creative efforts.
6.2 The Ariist shall be responsible for a period of seven years from the date of installation of
the Artwork for the integrity of the materials and fabrication techniques of the artwork
and the i~stallation. Artist's liability for breach of this warranty shall be limited to the
cost of repairs of the artwork and/or the installation. The responsibility for the
Page 3 of 17
determination of the Artist's liability for faults or defects in the work during the seven-
year period shall be solely that of the City. The Artist is not expected to warrant damages
caused by vandalism, nonnal wear and tear and natural occurrences such as StOllliS, fires,
floods and earthquake damage.
SECTION 7 HOLD HARMLESS AND INDEMNIFICATION
7.1 The Artist will hold harn1less, indemnify and defend the City, its officers, officials,
employees and agents, from and against any and all claims, actions, suits, liability, loss,
expenses, damages and judgments of any nature whatsoever, including reasonable costs
and attorneys' fees in defense thereof, for injury, sickness, disability or death to persons
or damage to property or business, caused by or arising out of the acts, errors or
omissions of the Artist, its officers, employees or agents in the perfoffi1ance of this
Contract. Provided, however, that the Artist's obligation under this provision will not
extend to injury, sickness, disability, death or damage caused by or arising out ofthe sole
negligence of the City, its officers, officials, employees or agents. The Artist's duty
extends to the claim by Contractors or any subcontractor's officers, employees or agents.
For the purposes of this indemnification provision, the Artist expressly waives its
immunity under Title 51 (Industrial Insurance) of the Revised Code of Washington and
acknowledges that this waiver was mutually negotiated by the parties.
7.2 The Artist's obligations under these provisions include, but are not limited to,
investigating, adjusting and defending all claims alleging loss from action, error or
omission, or breach of any common law, statutory or other delegated duty by the Artist,
the Artist's employees, agents or subcontractors.
7.3 The provisions of this Section shall survive the termination or expiration of this Contract.
SECTION 8 INSURANCE
8.1 Insurance coverage is not required during the design phase of this contract or while the
Artist is completing work on the artwork in his/her studio. The responsibility for and risk
of damage to or loss of the work during the design phase or while the Artist is completing
work in his/her studio shall be solely that of the Artist. Prior to the commencement of
anyon-site installation or fabrication, the Artist and/or his/her subcontractors shall
purchase and maintain for the duration of anyon-site fabrication and/or installation,
insurance against claims for injuries to persons or damages to property that may arise
from, or in connection with, the performance of work done by the Artist, his/her agents,
representatives, employees, and/or subcontractors. All insurance coverages shall be
approved by the City's Risk Manager.
8.2 The Artist and/or his/her subcontractors shall pay for the costs of the required insurance.
8.3 All insurance policies shall name the City of Bremerton, its officers, officials, employees
and agents as additional insured's as respects liability arising out of activities performed
by or on behalf of the Artist in connection with this Contract.
8.4 Any deductibles or self-insured retentions must be declared to, and approved by, the City.
The deductible and/or self-insured retention of the policies shall not apply to the Artist's
Page 4 of 17
liability to the City and shall be the sole responsibility of the AIiist.
8.5 The Artist's insurance shall apply separately to each insured against whom claim is made
and/or lawsuit is brought.
8.6 The AIiist's insurance coverage shall be the primary insurance as respect to the City, its
officers, officials, employees, and agents. Any insurance and/or self-insurance
maintained by the City, its officers, officials, employees, or agents shall not contribute to
the Artist's insurance or benefit the Artist in any way.
8.7 The minimum scope and minimum limits of insurance required by this contract are as
follows:
A. WORKERS COMPENSATION: Coverage as required by the Industrial Insurance
Act of the State of Washington, Title 51, Revised Code of Washington.
B. PROFESSIONAL LIABILITY: Visual Artists do NOT require professional
liability insurance. However, in the event that services delivered as a part of this
contract require professional services, Professional Liability, Errors and Omission
coverage shall be provided. "Professional Services", for the purpose of this
contract section shall mean any services provided by a licensed professional, such
as structural review or engineering.
C. The Artist will include all subcontractors as insured's under its policies or will
finish separate certificates and endorsements for each subcontractor. All coverage
for subcontractors will be subject to all of the requirements stated in these
provIsiOns.
D. The insurance limits mandated for any insurance coverage required by the
Contract are not intended to be an indication of exposure, nor are they limitations
on indemnification.
E. Ifthe Artist will be constructing the artwork on site, the Artist will provide
$1,000,000 Commercial General Liability Insurance.
8.8 Verification of Coverage and Acceptability of Insurers.
A. The Artist shall place insurance with insurers licensed to do business in the State
of Washington and having A.M. Best Company ratings of no less than A-VII,
with the exception that excess and umbrella coverage used to meet the
requirements for limits of liability or gaps in coverage need not be placed with
insurers or re-insurers licensed in the State of Washington.
B. The Artist shall furnish the City with properly executed certificates of insurance
or a signed policy endorsement that will clearly evidence all insurance required in
this Section within 10 days after the effective date of the Contract. The certificate
will, at a minimum, list limits of liability and coverage. The certificate will
provide that the underlying insurance contract may not be materially changed,
canceled, or allowed to expire, except on 30-days' prior written notice to the City.
Page 5 of 17
Any certificate or endorsement limiting or negating the insurer's obligation to
notify the City of cancellation or changes must be amended so as not to negate the
intent of this provision.
C. The Aliist shall furnish the City with evidence that the additional-insured.
provision required above has been met. Acceptable fonns of evidence are the
endorsement pages of the policy showing the City as an additional insured.
8.9 Written notice of cancellation or change shall be mailed to the City at the following
address:
Risk Management Division
City of Bremerton Financial Services
345 - 6th Street, Suite 600
Bremerton, W A 98337
8.1 a The Artist or his/her broker shall provide a copy of all insurance policies
specified in the Contract upon request of the City ofBremerton's Risk Manager.
SECTION 9 TERMINATION
9.1 The City may terminate the Contract in whole or in part whenever the City determines, in
its sole discretion, that such termination is in the best interests of the City. The City may
terminate the Contract upon giving the Artist 1 a-days' written notice. In that event, the
City will pay the Artist for all costs incurred by the Artist in performing the Contract up
to the date of such notice, subj ect to the other provisions of the Contract.
9.2 If funding for the underlying project or matter is withdrawn, reduced or limited in any
way after the Contract is signed or becomes effective, the City may summarily terminate
the Contract notwithstanding any other termination provision in the Contract.
Termination under this provision will be effective upon the date specified in the written
notice of termination sent by City to the Artist. No costs incurred after the effective date
of the termination will be paid.
9.3 If the Artist breaches any of its obligations under the Contract, and fails to cure the
breach within 1 a days of written notice to do so by the City, the City may terminate the
Contract. In that event, the City will pay the Artist only for the costs of services accepted
by the City. Upon such termination, the City, at its discretion, may obtain performance of
the work elsewhere, and the Artist will bear all costs and expenses incurred by the City in
completing the work and all damages sustained by the City by reason of the Artist's
breach or the City may determine to allow the Artist to refund all moneys paid to him/her
by the City and retain the work, together with any drawings, specifications and models
and all materials and supplies purchased for the work, for his/her own use without
restriction.
SECTION 10 ASSIGNMENT, DELEGATION AND SUBCONTRACTING
10.1 The Artist will perform under the Contract using only its bona fide employees or agents,
and the obligations and duties of the Artist under the Contract will not be assigned,
Page 6 of 17
delegated or subcontracted to any other person or firm without the prior express written
consent of the City.
10.2 The Artist warrants that it has not paid, nor has it agreed to pay, any company, person,
partnership or firm, other than a bona fide employee working exclusively for Artist, any
fee, commission, percentage, brokerage fee, gift or other consideration contingent upon
or resulting from the award or making of the Contract.
SECTION 11 INDEPENDENT CONTRACTOR
11.1 The Artist's services will be furnished by the Artist as an independent contractor and not
as an agent, an employee or a servant ofthe City. The Artist specifically has the right to
direct and control Artist's own activities in providing the agreed services in accordance
with the specifications set out in the Contract. The Artist and/or his/her agents or
employees and/or sub-contractors shall make no claim of career service or civil service
rights which may accrue to a City employee under state or local law.
11.2 The Artist acknowledges that the entire compensation for the Artist is set forth in the
compensation provisions of the Contract and the Artist is not entitled to any City benefits,
including, but not limited to: vacation pay; holiday pay; sick leave pay; medical, dental or
other insurance benefits; fringe benefits; or any other rights or privileges afforded to City
employees.
11.3 The Artist will have and maintain complete responsibility and control over all of its
subcontractors, employees, agents and representatives. No subcontractor, employee,
agent or representative of the Artist will be or be deemed to be, or act or purport to act, as
an employee, agent or representative of the City.
11.4 The City assumes no responsibility for the payment of any compensation, wages,
benefits, or state and/or feder.al taxes by, or on behalf of, the Artist. The Artist shall
protect, indemnify and hold harmless the City its officials, officers, agents, and
employees from and against any and all claims, costs, and/or losses whatsoever occurring
or resulting from:
A. The Artist's failure to pay any compensation, wages, benefits, or taxes; and/or
B. The Artist's receipt of work, services, materials, or supplies from the Artist's
employees, suppliers or sub-contractors in connection with or support of the
Artist's performance of services contracted for herein.
11.5 The Artist further agrees that he/she is financially responsible for and will repay the City
all indicated amounts following an audit which occurs due to the negligence, intentional
act and/or failure for any reason to comply with the ten11S of this contract by the Artist,
his/her employees, or agents. The Artist's obligation to repay the City shall not be
diminished or extinguished by the prior termination of the contract pursuant to the ten11S
ofthis Contract.
Page 7 of 17
SECTION 12 NONDISCRIMINATION
The Artist, its assignees, delegates or subcontractors will not discriminate against any person in
performance of any of its obligations under the Contract on the basis of race, color, creed,
religion, national origin, age, sex, sexual orientation, marital status, veteran status or the presence
of any disability.
SECTION 13 OWNERSHIP OF MATERIALS/WORKS PRODUCED
13.1 Ownership of the work under this Contract shall transfer to the City upon completion of
the work and final payment is made to the Artist pursuant to Exhibit B.
13.2 The Artist and City agree that any proposal to alter, modify, or otherwise change the
work of the Artist shall be first discussed with the Artist. The City will make a good faith
effort to contact the Artist and obtain written approval to proceed with the proposed
alteration, modification, or change; such approval shall not be unreasonably withheld by
the Artist. If an alteration, modification or change should occur, the Artist reserves the
right to request that the work no longer be represented as the work of the Artist and to
have his/her name removed from any plaque or other identification of the Artwork
provided that the Artist shall make this request to the City in writing.
13.3 The Artist agrees the City will be granted royalty-free the authority to incorporate the
project artwork in construction documents for the purposes of constructing and
completing the project.
13.4 The Artist shall have the right to photograph, or contract to have the project
photographed, during and upon completion of construction and to provide these
photographs for publication. However, the City shall be informed of any publication in
which the Artist intends to display the work.
13.5 The Artist shall register the project and place a copyright notice on or near the project in
the form and manner required to protect copyrights ofthe project under United States
copyright law. Ifthe copyright is registered with the US Copyright Office, the Artist
shall provide the City's contract administrator with a copy of the application for
registration, the registration number and the effective date of registration. Except as
provided in this Agreement, the Artist retains all copyrights in the project including its
preliminary design and incidental works created for the Project.
13.6 The Artist hereby grants the City permanent, assignable, non-exclusive royalty-free
permission to make, or cause to be made, photographs and other two dimensional
reproductions and models of the project for educational, project awards, public relations,
tourism, arts promotional purposes without payment of a royalty to the Artist. For
purposes of this Agreement, the following are among those deemed to be permissible
reproductions for the above cited purposes: brochures and pamphlets pertaining to the
Engineer and Owner; reproduction in exhibition catalogues, project awards, books, slides,
photographs, postcards, posters, and calendars; in art magazines, art books and art and
news sections of newspapers; in general books and magazines not primarily devoted to
art; slides and film strips; and television. On any and all such reproductions a copyright
of the project under the United States Copyright Law and credit to the Artist will appear.
Page 8 of 17
The Artist agrees that all written references to and reproductions to the project shall
include the following credit line:
"This project was sponsored by the City of Bremerton's 1 % For The Arts program."
SECTION 14 PATENT/COPYRIGHT INFRINGEMENT
14.1 The Artist will hold hannless, indemnify and defend the City, its officers, officials,
employees and agents, from and against any claimed action, cause or demand brought
against the City, where such action is based on the claim that information supplied or
work perfomled by the Artist or subcontractor infringes any patent or copyright or other
intellectual propeliy or proprietary right. The Artist will be notified promptly in writing
by the City of any notice of such claim.
14.2 All reproductions made by the City shall contain a credit to the Artist and a copyright
notice substantially in the following form: "'Copyright, Artist's name, all rights reserved,
dates", in such a manner and location as shall comply with the U.S. Copyright Laws.
SECTION 15 DISPUTES
Differences, disputes and disagreements between the Artist and the City arising under or out of
the Contract win be brought to the attention ofthe City at the earliest possible time so that the
matter may be settled or other appropriate action promptly taken. The City's contract
representative or designee will decide any dispute relating to the quality or acceptability of
performance or compensation due the Artist. All rulings, orders, instructions and decisions of the
City's contract representative will be final and conclusive.
SECTION 16 TECHNICAL AND MAINTENANCE RECORD
Upon completion of the work, the Artist will provide to the City a technical and maintenance
record for the work. Such information shall set forth the specifications necessary for the City to
care for and maintain the work. The technical and maintenance records shall be incorporated
into this Contract as though set forth fully herein.
SECTION 17 REPAIRS AND MAINTENANCE
17.1 The City recognizes that normal maintenance ofthe work will involve simple procedures
as set forth in technical and maintenance record provided by the Artist and that such
maintenance on a regular basis is essential to the integrity of the work. The City is
responsible for all routine maintenance required on a periodic basis as specified by the
Artist.
17.2 The City shall be responsible for making all necessary repairs and restorations of the
work unless other provisions of this Contract apply. However, the City's responsibility
for repairs and restoration of the work is contingent upon receipt of adequate
appropriations for this purpose.
17.3 Where possible, the Artist shall be consulted as to his/her recommendations regarding
repairs and restorations being made. To the extent practicable and in accordance with
Page 9 of 17
accepted principles of professional conservation, the Artist shall be given the oppOliunity
to accomplish repairs and restorations and shall be paid a reasonable fee for the services.
SECTION 18 CHANGES/ALTERATIONS/DESTRUCTION
18.1 The City shall notify the Artist of any proposed alteration of the site or adjoining areas
that would affect the intended character and appearance of the work and shall consult the
Artist in the planning of any alteration.
18.2 Because the installation of the work may subject the work to future destmction,
distortion, mutilation, or other modification by reason of its removal, the Artist waives
any and all rights the Artist has under the Copyright Act of 1976, 17 D.S.C. 9 101, et seq.
SECTION 19. MISCELLANEOUS
19.1 Waiver. The parties agree that the excuse or forgiveness of performance, or waiver of
any provisions ofthe Contract, does not constitute a waiver of such provision or future
performance, or prejudice the right of the waiving party to enforce any of the provisions
of the Contract at a later time.
19.2 Tax Payments. The Contractor will pay all applicable federal, state and local taxes, fees
(including licensing fees) and other amounts.
19.3 Personnel Removal. The Contractor agrees to remove immediately any of its
subcontractors, employees, agents or representatives from assignment to perform services
under the Contract upon receipt of a written request to do so from the City's contract
representative or designee.
19.4 Legal Compliance. The Contractor and its subcontractors, employees, agents and
representatives will comply with all applicable federal, state and local laws, mles and
regulations in their performance under the Contract.
19.5 Records. The Artist and/or his/her subcontractors, shall maintain records in accordance
with generally accepted accounting procedures and other evidence of all expenses
incurred in the performance of this contract. The City and/or Federal/State officials shall,
for the purpose of examination and audit, have access to and be permitted to inspect such
records and other evidence of costs and expenses charged to the City and/or incurred for
the Artwork for a period of six (6) years after termination of contract.
19.6 Severability. If a court of competent jurisdiction holds any provision of the Contract to
be illegal, invalid or unenforceable, in whole or in part, the validity of the remaining
provisions will not be affected, and the parties' rights and obligations will be constmed
and enforced as if the Contract did not contain the particular provision held to be invalid.
If any provision ofthe Contract conflicts with any statutory provision ofthe State of
Washington, the provision will be deemed inoperative to the extent of the conflict or
modified to conform to statutory requirements.
19.7 Entire Agreement. The parties acknowledge that the Contract is the complete expression
of their agreement regarding the subject matter of the contract. Any oral or written
Page 10 of 17
representations or understandings not incorporated in the Contract are specifically
excluded.
19.8 Notices. Any notices will be effective if personally served upon the other party or if
mailed by registered or celtified mail, retUl11 receipt requested, to the addresses set out in
the contract representatives provision of the Contract. Notice may also be given by
facsimile with the original to follow by regular mail. Notice will be deemed to be given
three days following the date of mailing, or immediately if personally served. For service
by facsimile, service will be effective at the beginning of the next working day.
19.9 Choice of Law and Venue. This Agreement shall be interpreted according to the laws of
the State of Washington. Any judicial action to resolve disputes arising out of this
Agreement shall be brought in Kitsap County Superior Court.
DATED this_day
,200_,
DATED this_day
,200_,
ARTIST
CITY OF BREMERTON
By:
(Signature)
Print Name:
By:
Title:
Its:
Page 11 of 17
EXHIBIT A: DESCRIPTION OF SERVICES AND SCHEDULE
***************************
CONTRACT FOR COMMISSIONED ARTWORK
James Kelsey, dba James Kelsey Studios, (the "Artist") and City of Bremerton, (the
"City") mutually agree that the Artist create artwork for the Ali Morken Law
Enforcement Building (the "Project"). The Artist will be expected to coordinate the
fabrication and installation of the artwork with the Arts Commission Staff.
The Artist agrees that an essential element of this agreement is the skill and creativity of
the Artist. The Artist, therefore, shall not assign the creative or artistic portions of the
work to another party without the consent of the City.
The Artist shall:
· Notify the Arts Commission if a significant change occurs in the scope, material,
design or siting of the work subsequent to preliminary design approval, and
submit the proposed changes for review prior to implementing the changes.
· Warrant that the work is an original product of his/her own creatiNe effort.
· Guarantee the integrity of the materials and fabrication and installation techniques
for a period of seven years after installation.
· Specify the limit of the edition if an artwork is selected which can be reproduced
as an edition.
· Notify City of Bremerton's Arts Commission staff of any changes of address
during the project and following completion of the project for as long as the City
shall own the artwork.
· Provide regular reports to the Arts Commission as to the status of the project
during the construction phase. The Artist will allow for studio visits from the
Arts Commission as requested by Arts Commission staff.
Implementation & Fabrication
A. The artwork will consist of:
1) One Stainless steel sculpture between 9' and 10' in height (see attached
sketch). The sculpture will have five (5) polished spheres arranged smallest to
largest and will be made of highly polished stainless steel. Each of the five
spheres will have a single word repeated many times stemming from the
"P.R.I.D.E." acronym.
Page 12 of 17
2) Courtyard seating consisting of five (5) granite spheres, each 24" in diameter,
and one (1) granite bench.
B. The total budget shall not exceed $35,000.00 for the fabrication and installation of the
artwork. An approved budget is attached as pmi of this contract. The Artist shall provide
all labor and materials necessary to produce and complete a finished work of art; delivery
of artwork; and installation of the artwork.
C. In the event that the Artist must make changes to the design during the creation of the
artwork; the Artist shall present any significant changes in the scope, design, character or
medium of the project to the City for approval. Significant aesthetic changes must be
approved by the Arts Commission.
D. The Artist shall work in coordination with the Arts Commission, Arts Commission
staff, and the Chief of Police during the site install for the exact placement of the artwork.
E. The Artist will provide information to the City regarding materials and finishes to be
used in the creation ofthe artworks. Substitutions may be requested by the City in the
event that the proposed materials do not comply with health and safety issues, ADA
requirements or fire code ratings.
F. Upon completion of the artwork and prior to final payment, the Artist must:
1. Make public presentations regarding the artwork as requested by the Arts
Commission.
2. Provide photographic documentation of the artwork at the completion of the
project. Supply high resolution color digital (JPEG) images on a compact
disk (CD).
3. Submit a maintenance report for the project to the Arts Commission staff.
The report will provide detailed instructions regarding routine and
extraordinary maintenance of the artwork, including specifications for any
replaceable units or specialty fabricated parts such as tiles, grates, grouts,
paint colors, or other surface finishes, plantings, or multiple-cast elements.
4. Register the project and place a copyright notice on or near the project in the
form' and manner required to protect copyrights of the project under United
States copyright law. If the copyright is registered with the US Copyright
Office, the Artist shall provide the City's contract administrator with a copy of
the application for registration, the registration number and the effective date
of registration. Except as provided in this Agreement, the Artist retains all
copyrights in the project including its preliminary design and incidental works
created for the Project
Page 13 of 17
5. Submit an Artist's statement concerning the artwork purchased under this
agreement; and
6. Submit the Artist's professional resume.
Page 14 of 17
Exhibit A
James Kelsey
s c u Ipt 0 r
4761 Cottonwood Drive SE
Port Orchard, W A 98366
1-360-871-1499
www.jameskelseystudios.com
j ames@jameskelseystudios.com
To: Bremerton Arts Commission
Re: Bremerton P.O. Sculpture installation -- Budget update and other requested information
Here is the updated information as of our July 19th meeting with the Bremerton Arts Commission. I'm very glad we
were able to find a way to go with stone elements instead of cast concrete!
SCULPTURE:
The Stainless steel sculpture will be between 9' and 10' in height and will keep to the basic scale of the original
drawing. The Polished Spheres will probably go from smallest to largest as opposed to the smaller-to-Iarger-back-
to-smaller that is reflected in the sketch. There will be five (not 4) spheres made of highly polished stainless steel
and on each of the 5 will be a single word repeated many times stemming from the "P.R.I.D.E." acronym.
SEATING I SPHERES:
I will also include 5 Granite spheres 24" in diameter that can act as seating for the Courtyard. The spheres will be
inserted into a 2" stainless steel pin that I will install into the courtyard ahead of time. I will drill holes into specific
courtyard pavers so the spheres can sit centered on each paver. There will also be a granite bench included in the
updated proposal. For the additional $5,000 I can now use Granite instead of the original idea of cast concrete for
this element of the installation. '
Where possible, I will coordinate with the City of Bremerton's Public Works & Utilities for the fabrication of the
concrete bases for the primary sculpture and under-courtyard mounting for the spheres. I understand that the cost
ofthe concrete work is included in this $35,000.00 contract. I'll use Art Anderson and Associates in Bremerton to
engineer any required elements of this project.
Here's the breakdown of costs reflecting the new projected budget:
Sculpture (with stainless spheres, engraved words):
Granite Seating I benches:
Engineering and Installation:
$24,000
$11,000
included
Total:
$35,000
I was also asked to make a suggestion as to a payment schedule in the contract. I would like to see:
50% upon contract signing (for materials and living expenses)
25% at the half-way point as documented by photos of progress. At this point, I should have the Granite elements
and Stainless Steel spheres delivered to my studio.
25% upon accepted installation and delivery of all required paperwork (ie: engineer's approval, care and
maintenance of sculpture, artist statement, etc...)
I believe if we have a 'completed by' date of 6 months from the time of the contract, everything should be done...
the big delay would be ordering and delivery of spheres. If you need any other information, just ask.
Thank you very much,
James E Kelsey
Exhibit A
3.
1. Granite seating sphere (one
of five)
2. Granite bench
3. Artist's sketch of stainless
steel sculpture. Note: The
sculpture will contain five
stainless steel spheres.
'~~""~"""''''-;:~''
~~
EXHIBIT B: COMPENSATION & PAYMENT SCHEDULE
The Artist will be paid a total of $35,000.00 for the scope of work included in this
contract. The payments will be made as follows:
1. $17,500.00 upon activation of the contract for the purchase of materials.
2. $8,750.00 (upon completion of studio fabrication), no later than December 31,
2007.
3. $8,750.00 upon completion of installation and final acceptance of the artwork,
no later than March 31, 2008
At each fee/fabrication milestone outlined above, the Artist will submit a brief written
report, which describes project progress to date. The Artist should submit samples of
materials ifthey are available.
All Invoices should be mailed or delivered to:
Pam Ransier, Clerk
City of Bremerton 1 % For the Arts Program
345 - 6th Street, Suite 600
Bremerton, W A 98337
The Artist will submit the final invoice and other documents as are required by this
Contract within sixty (60) days of completion of the Scope of Service. Unless waived by
the City in writing, failure by the Artist to submit the final invoice and required
documents will relieve the City from any and all liability for payment to the Artist for the
amount set forth in such invoice or in any subsequent invoice.
Page 17 of 17
DATE SUBMITTED: August 1, 2007
BILL # 07-;;;"/ (p
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
~~:_-=--~-=:~.:~ ",.;=;--: ~..=,..,.::" =------..,.
,c
........................................................................................
SUBJECT: Agreements and lease with
Scott Alexander's Golf Shop, Inc. operation
of the Gold Mountain Golf Club
Committee Meeting Date:
COUNCIL MEETING Date:
Department:
Presenter:
Phone:
August 8, 2007 4 A~ ;1...'2...
Attgust 15,2007 5e .5:.2.007
Parks & Recreation
Wyn Birkenthal
473-5752
SUMMARY: City staff has negotiated two separate agreements and a lease with Scott Alexander's
Golf Shop, Inc., for the management and operations of Gold Mountain Golf Club. They include: (1) a
Golf Management Agreement for the management of the facility; (2) a Food and Beverage Agreement
for the provision of food and beverage management and related services at the facility; and (3) a
Lease for the Driving Range, the Golf Pro Shop, and a Cart Pad. The term of the agreements and the
lease will expire on December 31, 2009.
ATTACHMENTS:
1. Proposed Golf Management Agreement
2. Proposed Food and Beverage Agreement
3. Proposed Lease for the Driving Range, the Golf Pro Shop, and a Cart Pad
FISCAL IMP ACTS (Include Budgeted Amount): The 2007 budget for the Gold Mountain Golf
Fund included an increase of $225,000 over the previous contracted amount in anticipation of a new
golf professional's contract in 2007. The 2007 budget as amended is sufficient to cover these
expenditures.
APPROV ALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
COMMITTEE CHAIR
COUNCIL PRESIDENT:
~ t.J' fJ iv-I'-(~ ,~~
CONSENT AGENDA D
GENERAL BUSINESS g
PUBLIC HEARING D
RECOMMENDED MOTION:
Move to approve the Golf Management Agreement, Food and Beverage Agreement and Lease
between the City of Bremerton and Scott Alexander's Golf Pro Shop, Inc. and authorize the Mayor to
finalize and execute the agreements with substantially the same terms and conditions as presented.
COUNCIL ACTION: D Approve D Deny D Table
R: ILegallLcgallDcpartmcn ts-GcncrallParks IGo Id Mountain Agn:cmcn ts .ab.doc
D Continue D No Action
To:
From:
Public Safety and Parks Committee Members
Wyn Birkenthal
Roger A. Lubovich
Be:
Dale:
Gold Mountain Golf Agreements
August 7, 2007
Attached to this cover memo are the proposed golf agreements and lease with Scott Alexander's
Golf Shop Inc for operation of Gold Mountain Golf Club ("Gold Mountain") as follows:
1) Golf Management Agreement relating to management services for the golf courses,
lessons and club house management.
2) Food and Beverage Agreement covering Tucker's restaurant and snack carts, and
3) Lease Agreement for Driving Range and Pro Shop
Last July 2006, Scott Alexander provided the City with written notice of his desire to renegotiate
the management agreement and lease at Gold Mountain citing financial losses incurred during
the past 5 years of operation. A staff team led by Roger Lubovich, Laura Lyon and Wyn
Birkenthal examined the golf contractor's financial records with the assistance of golf business
consultant Richard Thormann and held a series of meetings with Scott Alexander and his partner
Daryl Metheny to negotiate new contract terms. The prior Professional Services Agreement
related to both golf management services and food and beverage services for the Gold Mountain
Club. Based on bond counsel advice, these services were separated into two different
agreements, the Golf Management Agreement and the Food and Beverage Agreement. The new
contracts add performance incentives, clear up ambiguous language and clarify expectations
between the City and contractor. In addition, the contractor's financial concerns were addressed.
A new lease was also drafted to cover the driving range and Pro Shop.
The agreements and the lease have a termination date of December 31512009. The relatively
short term is a result of the City's desire to develop a plan over the next 2 years to greatly reduce
or eliminate the bond indebtedness resulting from construction ofthe Olympic course and the
new Clubhouse. Once the debt is resolved the City will have additional latitude as to how the
course is operated and the method of compensation for the contractor. Elimination or reduction
of the bond debt will also restore the contribution of golf revenue toward Park and Recreation
capital improvements.
.-
Below is a quick reference outlining the major changes in the proposed agreements and lease
from the agreement and lease that have been in force since 2002.
Lease of Driving Range and Pro Shop
I) Contractor to pay rent of $3,444 per year for the use of city property at Gold Mountain to
store and maintain golf carts used as part of the contractor's cart leasing business not
related to Gold Mountain activities.
Golf Management Agreement
1) Increased management presence during peak play - one PGA professional shall be
present at the course during weekends and peak periods of play.
2) Increased course marshalling and starters to address pace of play.
3) Clear definition of Clubhouse maintenance responsibilities, contractor to purchase
supplies and carry out maintenance of restrooms to a defined standard.
4) Incentive provided to increase the number of rounds played annually. This is important
as the number of rounds played has been dropping over the past 3 years. The reduction in
rounds is consistent with national golftrends. The incentive to increase rounds will
reward the contractor for reversing the trend.
5) Increase in fixed fee to contractor for operation of Gold Mountain fixed fee established
at $355,850 in 2007, $385,850 in 2008 and $385,850 in 2009.
6) Contractor to receive 10% of greens fees in excess of2,000,000 (same as prior
agreement).
7) Advertising and marketing become the responsibility of the contractor, city to reimburse
the contractor for $35,000 of annual advertising expense. City must approve the
contractors advertising plan prior to the start of each year.
8) Contractor and City to meet on a quarterly basis to review performance and discuss
issues of mutual concern.
Food and Beverage Services Agreement
1) Food and Beverage agreement separated from Golf services agreement. This has the
benefit of making it easier to locate information pertaining to restaurant operation.
2) Signage to clearly indicate to patrons whether the restaurant is in operation or closed.
3) Contractor will maintain and repair equipment owned by the contractor.
GOLF MANAGEMENT AGREEMENT
THIS AGREEMENT made and entered into on the date fully executed by and between
the CITY OF BREMERTON, a municipal corporation of the State of Washington, hereinafter
referred to as "City," and SCOTT ALEXANDER'S GOLF SHOP; INC., a Washington
Corporation, hereinafter referred to as "Contractor," to provide professional golf management
and services pursuant to this Agreement, at the City of Bremerton Gold Mountain Golf Club.
WHEREAS, the City is the owner of Gold Mountain Golf Club, which ownership
includes the land upon which said golf complex is located, the buildings and other improvements
which are a part thereof; and
WHEREAS, the Gold Mountain Golf Club consists of two 18 hole golf courses, the
Olympic and the Cascade course, ("Golf Courses" or "Courses"), a driving range, and the
clubhouse containing a Pro Shop, restaurant, meeting rooms and the Olympic room,
("Clubhouse") and other related facilities and structures, collectively also referred to herein as
("Golf Club")
WHEREAS, the City previously entered into an agreement with Scott Alexander and
Daryl Matheny, Contractor's principals ("Principals"), for food, beverage, and golf management
and related services at the Gold Mountain Golf Club; including, but not limited to, food and
beverage service, management of the Cascade and Olympic golf courses and driving range, and
for providing P .G.A. professional golf services and lessons to the facility; and
WHEREAS, the agreement between the City and Contractor for these services expired
December 31, 2006 which has twice been extended by amendments to said agreement pending
negotiation of a new agreement; and
WHEREAS, the extensions were executed with the understanding that new terms may be
negotiated for a new agreement beginning with the year 2007; and
WHEREAS, the City desires to enter into a new agreement with Contractor for
management of the Cascade and Olympic golf courses, Clubhouse, driving range and Pro Shop,
and for providing professional golf services and lessons to the facility entitled "Golf
"Management Agreement" effective January 1,2007 and superseding the terms of the extended
agreement; and
WHEREAS, the parties hereto have simultaneously executed a separate agreement
entitled "Food and Beverage Agreement" relating to the food and beverage service at the Gold
Mountain Golf Club; and
WHEREAS, the parties hereto have also simultaneously executed a document entitled
"Lease Agreement" relating to the lease to the Contractor of a certain portion of the Gold
Golf Management Agreement
Page 1 of20
Mountain Golf Club (the "Lease") for operation of a Pro Shop, driving range and Contractor's
private cart rental business. It is the intent of this Agreement to have the Contractor provide
management services to. the Gold Mountain Golf Club in accordance with the terms and
conditions ofthis Agreement; and
WHEREAS, it is the intent of this Agreement that the Contractor operate the facilities
covered herein in such a manner as to generate and provide revenue at or above a level sufficient
to meet bond payment obligations and operating expenses paid by the City for the Gold
Mountain Golf Club.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
parties agree as follows:
SECTION 1. PURPOSE AND ADMINISTRATION.
A. The purpose of this Agreement is to establish a management services agreement
whereby contractor will provide certain management and related services at City-owned golf
facilities. This Agreement is not a lease, nor does it create a leasehold interest other than similar
property interest in Contractor to the City's facilities.
B. Contractor will be responsible for performing all work and/or services described
herein. The Contractor's performance will be monitored and reviewed by the City of Bremerton
Director of Parks and Recreation, or his or her designee, (hereinafter "Director"). Contractor
shall report directly to the Director and work closely with the Greens Superintendent. Reports
and data required to be provided by the Contractor shall be delivered to the Director. Questions
of the Contractor regarding interpretation of the terms, provisions and requirements of this
Agreement shall be addressed to the Director for response.
SECTION 2. PREMISES. The facilities of the Golf Club to be managed by the Contractor
pursuant to this agreement include the Golf Courses, the Clubhouse and related facilities,
hereinafter ("Premises").
SECTION 3. TERM. Pursuant to IRS Revenue Procedure 97-13, the term ofthis Agreement
shall be three (3) years commencing on January 1, 2007 (the "Commencement Date") and shall
terminate on December 31,2009, unless terminated earlier in accordance with Section 14.
SECTION 4. SCOPE OF SERVICES.
A. General Services. The Contractor's responsibilities include promoting and
managing the use of the Golf Courses; the collection of fees; staffing the courses, including
starter services and marshals; management of the Clubhouse and areas of Contractor's
responsibility at the driving range, except as otherwise agreed upon between the parties in
writing.
Golf Management Agreement
Page 2 of20
B. Specific Services. In providing the general services described above, Contractor
shall provide not less than the following specific services:
1. Olympic and Cascade courses.
a. Contractor shall provide an adequate number of starters, agreed
upon by both parties, deemed necessary for the courses to facilitate a good golf operation.
Contractor shall be responsible for all starting of golf play and for control of the first tee at all
times. During peak play times for each season as identified herein, Contractor must provide a
course marshal a minimum of 346 hours per week for the months of May through September,
148 hours per week for the months of March, April and November, and seven hours per week for
the months of November and December. On days when the tee sheet is not full, Contractor may
adjust this minimum downward to the extent start times are not materially affected. In case of
extended periods of inclement weather, this requirement can be waived by mutual agreement of
the Director of Parks and Recreation and Contractor. In such case, the compensation will be
adjusted accordingly upon mutual agreement.
b. All counter staff at the courses shall be experienced, trained, and
knowledgeable of golf operations and course rules.
c. Contractor shall provide an adequate number, as agreed upon by
both parties, of golf clubs, bags, and pull-carts for rent to users at the courses.
d. Contractor shall operate and maintain a service for the handling,
sales, and leasing of golf equipment and for leasing of carts for operation of the Golf Club
operations.
e. In cooperation with the Director. and Golf Complex Board of
Directors, established pursuant to Chapter 2.34 of the Bremerton Municipal Code (the "Golf
Complex Board"), Contractor shall schedule all golf tournaments and shall initiate and promote
golf activities at the Golf Club.
f. The Contractor and Greens Superintendent shall mutually agree
upon the open and start of play daily with the Director resolving any conflicts.
2. Driving Range and Pro Shop.
a. The Contractor agrees to maintain and operate the driving range
and Pro Shop in conjunction with the services provided in this agreement. The driving range and
Pro shop shall be maintained and operated in accordance with the Lease between the City and
Contractor for the facilities.
3. Lessons.
a. The Contractor may provide competent golf instruction to all
groups and levels of public players, including juniors. Qualified P.G.A. members or registered
assistants must be available to conduct lessons. All revenues received and costs incurred by
Contractor for lessons shall be revenue and costs of the Contractor.
b. All lesson gross revenue shall be paid directly to the Contractor or
subcontractor and shall not be included in the City's revenue receipts.
4. Gift Certificates. Contractor will sell gift certificates for merchandise,
restaurant, green fees, and lessons. Sale of these certificates will be in accordance with internal
Golf Management Agreement
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controls as approved by the City. Contractor shall maintain a log showing all unredeemed
outstanding certificates.
5. Clubhouse Management.
a. The Contractor shall manage the Clubhouse for the City. This
shall include operating and maintaining the restaurant and lounge in accordance with the Food
and Beverage Agreement between the City and Contractor.
b. Contractor shall maintain the facilities in a clean, neat and hygienic
condition. Contractor shall provide basic janitorial services, including supplies necessary to
provide adequate janitorial services. These services shall include, but not be limited to:
i. Cleaning all carpets annually,
ii. Vacuuming floors at least daily during peak season,
iii. Cleaning restrooms and all common areas at least daily,
iv. Providing periodic spot checks of restrooms to replenish
supplies and paper products and attend to problems as needed, and
v. Clean windows and clean patios, sidewalks and other
common areas as needed.
c. The Contractor shall maintain the Clubhouse, and exterior patios,
including garbage containers around Clubhouse buildings and entryways, in a clean, well kept,
orderly manner to the satisfaction of the City. Contractor shall conduct minor maintenance and
repairs to interior facilities and fixtures, including lights, plumbing, and locks associated with
Contractor's area of responsibility.
d. The Contractor shall provide maintenance and repair services for
all FF &E within the Clubhouse, Contractor owned tools and equipment, and all Contractor
leased equipment. Replacement of City owned equipment shall be in the sole discretion of the
City and the City shall arrange for equipment replacement in accordance with available funding.
e. Contractor shall be responsible for the costs of supplies for
operations at its cost and expense.
6. Advertising.
a. The Contractor shall annually provide to the Director for approval
an advertising and promotion plan for the Golf Club, which approval shall not be unreasonably
withheld. Contractor shall spend a minimum of $35,000 per year for advertising for the Golf
Club operations.
b. Contractor shall obtain City approval for all advertisement for
commercial vendors unrelated to concession operation on score cards, benches, entryways, etc.
Contractor agrees to honor contracts with existing advertising vendors until said contracts expire.
7. Attend Meetings. Contractor agrees to be available to attend regular and
special meetings of the Golf Complex Board, Parks and Recreation Commission and City
Council, and shall be prepared to discuss issues and ideas of interest to the Contractor and City.
C. Pricing of Golf Services..
1. Green feeS are established by City Council following a review and
recommendation of the Golf Complex Board. The City reserves the right to establish fees for
residents, residential preferential programs, and events sponsored by local businesses and
organizations, as well as non-resident fees. Fee adjustments must be approved by the City
Golf Management Agreement
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Council. except that the Director may establish discount rates for promotional purposes.
Contractor, as an ex-officio member of the Golf Complex Board, shall have input on pricing of
golf services.
2. All tournament fees will be set by the Contractor subject to review and
final approval of the Director or designee.
SECTION 5. OTHER DUTIES AND RESPONSIBILITIES.
A. Performance of Duties. The Contractor shall devote their attention and energies
to the performance of duties as golf Contractor for the City during the term of this Agreement.
They shall conduct themselves at all times and in all matters in accordance with the standards
accepted for golf Contractor as established by the Professional Golfers Association (hereinafter
~PGA:J. The Contractor shall operate the facilities and programs under their direction and
control so that they will meet or exceed the standard in the industry for public golf courses in the
Puget Sound region.
B. Personnel. The Contractor shall provide competent personnel necessary for such
operations and shall train and supervise them in their work and shall pay them for their services
at the Contractor's sole cost and expense. Contractor shall supervise, direct and train staff to
perform duties and meet requirements for sales, rentals and services which are, in the opinion of
the City and Contractor, necessary. Contractor shall provide an on-going staff training program
with emphasis on customer training. There will be a minimum of two PGA professionals on staff
including the principals Principals of Contractor. At least one of the PGA professionals must be
on site daily during peak business hours of the Golf Club.
C. Credit Rating. Contractor shall maintain a good credit rating in all commercial
transactions so as not to discredit the reputation or name of the City of Bremerton.
D. Tournament Play. The Contractor shall have the right and are expected to
represent the City of Bremerton in various golf tournaments. They shall submit their tournament
schedule for information to the Director of Parks and Recreation. In the event they qualify, they
shall have the right to play in the U.S. Open, Masters, the PGA National Championship, and the
Club Contractor's Championship, or any tour event held locally.
E. Security. The City has installed a monitored burglar alarm system at the
Clubhouse and Pro Shop, and the City will pay the monthly service charge for the system.
Contractor is responsible for setting the alarm, insuring that it is properly operating and notifying
the City if it is in need of repair.
F. Inspections. The Contractor will make a daily physical inspection of the complex
and report any unusual or unsafe conditions observed during said inspection to the Department of
Parks and RecreationDirector immediately. Such reports shall be followed up in writing.
Golf Management Agreement
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G. Quarterly Review. Contractor and City shall meet on a quarterly schedule, or
as otherwise as mutually agreed, to evaluate operations at the Golf Club and the perfonnance of
the parties pursuant to this agreement and to make mutually agreeable changes.
SECTION 6. OPERATING POLICIES AND PROCEDURES. The Contractor will:
A. Operate the Golf Club pursuant to the rules and regulations established by the
City Council and the Director.
B. Expel unruly persons or those under the influence of intoxicants from the
Premises under Contractor's control.
C.
control.
Not foster nor permit any illegal activity on the Premises under Contractor's
D. Answer and handle all complaints and shall supervise a public relations program.
In dealing with the public, Contractor will not speak toward City policies or decisions in a
derogatory manner. Contractor shall explain and support city policies to staff and the golfing
public.
E. Not use the Premises for ancillary, revenue-producing activities, or social
activities unless expressly authorized by the City. The parties acknowledge that Contractor
conducts certain private business operations pursuant to the Lease executed with the City for
operation of a Pro Shop, driving range and Contractor's private cart rental business and further
that Contractor subcontracts lessons at the Golf Club.
F. Regulate the play and conduct of all persons on the golf course, including keeping
off trespassers and preventing injury to the golf course by players and others.
G. Not allow any person to be afforded free use of the golf course unless approved
by the Director.
H. Supervise all golf activities in connection with outside parties and shall provide
members of the golfing public with adequate services, as may be required.
I. Provide service to meet public demand and shall keep the Clubhouse open each
day that the golf courses are open for play, and at other reasonable hours as prescribed by the
City, except Thanksgiving and Christmas, at Contractors option, days the Greens Superintendent
closes the course due to inclement weather and except as set forth in Section 7(D) and (E).
SECTION 7. COMPENSATION.
A. Contractor shall be compensated for services as follows:
1. Course and Facility Management Fee.
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a. Fixed Fee - Year 2007. Contractor shall be paid the annual sum of
three hundred fifty-five thousand eight hundred fifty dollars ($355,850). This fixed fee
compensation shall be paid in weekly installments of $6,843.27 or as otherwise agreed.
b. Fixed Fee - Years 2008 and 2009. Contractor shall be paid the
annual sum of three hundred eighty-five thousand eight hundred fifty dollars ($385,850). This
fixed fee compensation shall be paid in weekly installments of $7,420.19 or as otherwise agreed.
. c. Percentage (Greens) Fee. In addition, throughout the term of this
contract, Contractor shall be paid ten percent (10%) ofrev:enues received from greens fees, net of
sales tax, in excess of $2,000,000.00 but in no event shall this percentage fee exceed the fixed
fee in any given year set forth in this section. For purposes of this subsection, greens fees
include daily private cart fees and all other course activities not otherwise provided for in this
section, Section 7, for which revenue is received for use of the course, whether golf related or
not. This percentage fee shall be paid after the end of each year.
2. Golf Rounds. For each year of this agreement, Contractor shall be paid
additional compensation for customer paid golf rounds that are sold above the prior year's golf
round sales as follows:
Rounds
1000-1500
1501-2000
2001-2500
2501-3000
3001 and above
Compensation
$3,000.00
$5,000.00
$7,500.00
$15,000.00
$18,000.00
For purposes of determining compensation for golf rounds for the first year of this
agreement, it is acknowledged that the prior year's (2006) golf rounds were 90,509. Payment of
this compensation will be made at the end of the year.
3. Final reconciliation. Final reconciliation and payment for each year will
be made by January 31 sl of the following year.
B. Billing and Payment Procedures. . The City shall pay the amounts due to
Contractor as set forth in Section 7(A). Appropriate reconciliation payments for the costs and
expenses incurred by the City (i.e. credit card fees) in the current month for which the Contractor
is obligated to pay under the terms of the agreement, shall be included in the reconciliation
adjustments and will be deducted from the City's payment in the following month.
C. Withholding of Payments to Contractor. In the event the Contractor is 60 days
or later in payment of lease payments associated with the Lease, City may withhold and apply all
monies due to Contractor from City under this Agreement to offset any such amounts due to City
from Contractor under said Lease.
D. Golf Course Closure - For Conditions and Repair. The golf course facilities
shall remain open for play unless they are closed as a result of causes beyond the control, fault,
or negligence of the parties. Such causes may include, without limitation, acts of God or public
Golf Management Agreement
Page 7 of 20
enemy; acts of the federal, state, or local governments; fires; floods; epidemics; volcanic
eruptions; quarantine restrictions; strikes; freight embargoes; court orders; and unusually severe
weather or other condition that causes all or a portion of the Golf Club facilities to be closed for
extended periods of time. Should either the City or the Contractor fail to perform because of a
cause described in this subsection, the City and the Contractor shall make a mutually acceptable
revision in the SCOPE OF SERVICES and COMPENSATION provided for in this Agreement,
including ternlination of the Agreement if the Golf Club is deemed unusable by the City as a
result of major damage or destruction and the City elects not to rebuild the San1e.
In the event that City determines that it is necessary to close all or a portion of the golf
Club facilities due to regular maintenance, repair, capital improvements, inclement weather, or
similar condition which results in a situation where the golf course is unsatisfactory for play, or
if dan1age to the course and facilities is likely if it remained open, the City shall coordinate such
closing with the Contractor prior to actual closing. Contractor shall comply with the Director's
decision to close all or part of the course and facilities at no cost to the City.
In the event of closure of all or a portion of the Golf Club facilities as set forth in this
subsection, Contractor shall not be entitled to any compensation pursuant to this section, Section
7, whether fixed fee or percentage fee, however, when feasible,. the City and Contractor shall
revise the SCOPE OF SERVICES and COMPENSATION as noted above for partial closure of
the Golf Club, unless this agreement is terminated pursuant to Section 14(F). The City shall
incur no liability to Contractor for lost revenue or other additional compensation as a result of
any closure of all or a portion of the golf Club facilities as set forth in this subsection.
E. Golf Course Closure - For Events. In the event circumstances require the
closure of the course or portions thereof for events that may result in the loss of greens fees, the
Director may approve, in advance of the closure and in writing, an an10unt representing potential
greens fees lost as a consequence of the course closure. This an10unt shall be used to determine
what an1ount, if any, shall be paid to the Contractor pursuant to this section. Any an10unt
pursuant to this section will be included in the Final reconciliation and payment as provided in
this section.
SECTION 8. CITY RESPONSIBILITIES.
A. Golf Course grounds.
1. The City shall maintain and repair all turf and landscaped areas adjacent to
the tees, greens, fairways, driving range, parking lot and the Golf Course buildings.
2. The City shall maintain and repair all building exteriors, parking lots,
pathways and all of their fixed components, including structural maintenance of buildings,
heating and cooling units, doors and windows, locks associated with City's area of responsibility,
and lighting systems.
3. The services provided in (1) and (2) above shall be in the manner and to
the extent previously provided and within defined annual budgets.
Golf Management Agreement
Page 8 of20
B. Utilities. All electric power, water, sewer, gas/propane, street utility, garbage and
telephone service related to this agreement shall be paid by the City. If upon review the City
determines that action is needed to address excessive consumption, Contractor will promptly
respond and take appropriate action to remedy the excessive consumption. Each party shall pay
internet and web page costs and expenses related to their duties and responsibilities under this
Agreement. unless otherwise agreed.
SECTION 9. CAPIT AL IMPROVEMENTS AND FIXTURES. Contractor shall not make
any alterations, additions or improvements in the Gold Mountain Golf Club, including the
Clubhouse, without first obtaining the consent of City in writing, which consent can be withheld
at City's sole discretion. All alterations, additions and improvements, shall be at the sole cost
and expense of Contractor, and shall remain in and be surrendered with the Clubhouse as a part
thereof at the termination of this Agreement except for those improvements and fixtures supplied
by the Contractor which at the time of this Agreement are identified on the attached Exhibit A.
If Contractor performs work with the consent of City, as provided above, Contractor agrees to
comply with all laws, ordinances, rules and regulations of the City and any other authorized
public authority. Contractor further agrees that workmanship will be of a reasonable commercial
quality, in color schemes in accordance with current building, standards, and free of mechanics
liens. Contractor further agrees to save City free and harmless from damage, loss or expense
arising out of such work.
SECTION 10. COLLECTION OF FEES, FINANCIAL REPORTING, AUDITING AND
TAXES. Pursuant to the Golf Club Revenue Bond resolutions, the City irrevocably pledged
gross revenues from the Golf Club as security for bond repayment. Therefore, all gross revenues
from any source shall first be deposited in the City's bank account and disbursed pursuant to this
Agreement.
A. Point of Sale System. City shall be responsible for purchasing, setting up and
maintaining a point of sale system through which all transactions at the Golf Club will be
processed.
1. City's Responsibilities. The City shall provide a cashiering system for
use by the Contractor. City shall provide initial training on the operations of the cashiering
system. All subsequent training of Contractor's staff shall be the responsibility of the
Contractor. The City shall also be responsible for maintenance of network, wiring, software, and
equipment. The City will provide repair parts as needed for equipment.
2. Contractor's Responsibilities. Contractor shall be responsible for any
additional hardware, user licenses, and software that Contractor chooses to install. The
Contractor shall also be responsible for operating supplies such as receipt paper, toner, and
labels. Contractor shall provide additional formal training for Contractor's employees after
initial training sessions have been performed by the City. New cashier employees and office
managers must have suitable knowledge of the Golf cashiering system in order to perform their
duties in an efficient and accurate manner. This training may be provided by Contractor
personnel.
Golf Management Agreement
Page 9 of 20
3. Modifications. Any other changes, additions, or modifications applicable
to the City owned gel.f-cashiering system would need mutual agreement as to payment
responsibility.
B. Receipting. Contractor and/or subcontractor shall collect for, and on behalf of,
the City all gross revenue, including but not limited to golf course greens fees, driving range fees
collected under the Lease, golf club and cart rentals, golf course tournament fees, non-sufficient
fund check return fees, and all other fees at the Golf Club in strict accordance with the schedule
of fees established by the City, unless other instructions are given in writing to the Contractor.
Netting of transactions is prohibited. All revenue collected from transactions under this
agreement, with the exception of lessons, must be processed through the Point of Sale System
and deposited as provided in subsection 10CC). Contractor may process lesson revenue through
the Point of Sale System in which case the revenue must be receipted and deposited as provided
in subsection 1 OC C) and thereafter reconciled and paid to Contractor as appropriate. All course
gross revenue must be recorded, collected and deposited in a manner which will dispense a dated
receipt to be given to each customer.
C. Deposits. All deposits must be prepared in a timely manner defined as )!z hour
ahead of scheduled pick-up and composition of deposit shall remain intact and a clear audit trail
maintained. The City will provide and pay for courier service. Any delays causing additional
"premise charges" will be paid by Contractor. All deposits will be made into a single account
established for the Golf Club. Settlements and appropriate disbursements will be made from this
account. Contractor shall be responsible for any loss or theft of City funds while the same are in
its possession or control. Contractor shall provide City with a fidelity bond and a performance
bond as required in this Agreement. Contractor and any subcontractor shall comply with
accounting procedures as may be required by the City to comply with state laws, regulations and
audit review requirements.
D. Reports. Contractor shall provide to the City daily reports of golf activity and
receipts in a format to be provided by the Director and Finance Officer, and shall structure their
accounting system in a method satisfactory and acceptable to the City. The reports will be
forwarded to the Director or designee and must be received by the 2nd business day following
the day of activity, excluding Fridays, Saturdays and Sundays which will be due on Tuesdays.
The reports must agree with the corresponding deposit for the day. In addition, the Contractor
shall submit either a copy of its previous year's ar.nual reportoperating statement by March 31 st
to demonstrate its financial solvency or submit a Certificate of Solvency by a certified public
accountant to demonstrate Contractor's financial ability to maintain operations under this
Agreement.
E. Audits. All revenue and fees collected at the Golf Club are City revenues
and subject to audit by the State Auditor, City Internal Auditor, or City hired Certified Public
Accountants. Contractor shall permit the City, from time to time as the City deems necessary,
through its designated representatives, to inspect and audit in Bremerton, Washington, at any
reasonable time, all pertinent books and records of Contractor and any other person or entity that
Golf Management Agreement
Page 10 of20
has performed work in connection with or related to Contractor's services under this Agreement
to verify the accuracy of accounting records and shall supply the City with, or shall permit the
City to make a copy of any books and records and any portion thereof, upon the City's request.
Contractor shall ensure that such inspection, audit and copying right of the City is a condition of
any contract, agreement or other arrangement under which any other person or entity is permitted
to perform work in connection with or related to Contractor's services under this Agreement.
The Contractor shall take immediate corrective action on all prior, current or future internal
control weaknesses as directed by the City.
F. Taxes. Pursuant to the City's bond resolutions on the Golf Club facilities, the
Contractor will remit to the City all gross revenues collected. Sales tax from Contractor's
activities remitted to the City will be held by the City and will be returned to the Contractor
weekly or as otherwise agreed. City shall retain and remit sales taxes on revenues from green
fees sales. As an independent contractor, the Contractor acknowledges that it is responsible for
payment of any local, state, including business and occupation tax, or federal taxes or fees with
respect to the Contractor's business, including sales tax, for its activities. The Contractor shall
pay any and all applicable taxes when due.
G. Credit Card Costs and Fees. Contractor shall be responsible for all credit card
costs and related fees incurred for Contractor's business pursuant to this agreement (ie. lessons)
and the City shall be responsible for credit card costs and related fees incurred for the City's
business pursuant to this agreement (ie. greens fees).
SECTION IV MAINTENANCE OF RECORDS. The Contractor shall keep and maintain
reoords on a current basis all books and records. including the operating accounts. to support its
billings and pa)TI1ent to the Citymanagement and operations of the Premises under this
Agreement. The City or its authorized representative shall have the authority to inspect, audit,
and copy, upon reasonable notice and from time to time, any records of the Contractor regarding
its billings, payments or work under this Agreement. Per the Washington State .Auditor, the
Contractor shall retain these records for inspection, audit, and copying for at least three (3) years
from the date of completion or termination of this Agreement. or as otherwise required by the
Washington Secretary of State General Records Retention Schedule for all Local Goveinment
Agencies in Washington State. Contractor shall, at all times, provide the City with all records for
the prior three (3) years that relate to the financial matters of the facilities Premises managed by
Contractor under this Agreement.
SECTION 12. AUDIT OF PAYMENTS. The City, either directly or through a designated
representative, may audit the records of the Contractor at any time during the three (3) year
period established by Section 11, MAINTENANCE OF RECORDS. If an audit discloses that
payments to the Contractor under Section 7, COMPENSATION, were in excess of the amount
to which the Contractor was entitled, or that the payments to the City were less than the amount
to which the City was entitled, then Contractor shall repay the amount of the excess or deficiency
to the City. If an audit discloses that payments to the City under Section 7,
COMPENSATION, were in excess of the amount to which the City was entitled, or that
Golf Management Agreement
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payments to the Contractor were less than the amount to which the Contractor was entitled, then
the City shall repay the amount of the excess or deficiency to the Contractor.
SECTION 13. ASSIGNMENT. Contractor shall not either voluntarily or by operation of law
assign, transfer, mortgage, pledge, hypothecate, or encumber this contract or any interest therein
and shall not subcontract the obligations under this Agreement, or any part thereof, or allow any
person (employees, agents, servants, and invitees of Contractor excepted) to use the Golf Club
Facilities, or any portion thereof, without the prior written consent of the City. Any such
assignment, subcontracting or use without compliance with the terms of this paragraph shall be
void and shall constitute a default under the terms of this Contract. If Contractor is a
corporation, any transfer of this Contract from Contractor by merger, consolidation, or
liquidation, or any change in the ownership or power to vote in a majority of the outstanding
voting stock of Contractor shall constitute an assignment for purposes of this paragraph. Any
consent to one assignment, subcontracting, or use by any other person shall not be deemed to be
a consent to any subsequent assignment, subcontracting, or use by another person. Consent to
any such assignment, subcontracting or use shall in no way relieve Contractor of any liability
under this Agreement. Assignment by Contractor to a financial institution holding a security
interest in this Agreement shall not be considered to be a violation of the consent requirements of
this Agreement. Consent for any subsequent assignments by said financial institution will not be
unreasonably withheld; however, any assignee must have experience and be knowledgeable in
golf and food and beverage operations.
SECTION 14. TERMINATION. This Contract will terminate upon the happening of any of
the following events:
A. Upon its normal termination if not renewed.
B. Upon termination of the Lease and/or Food and Beverage Agreement.
C. Upon the death of both of Contractor's prinoipalsPrincipals.
D. By mutual written agreement.
E. Breach ofthis Agreement as set forth in Section 15 below.
F. Major damage or destruction of the golf Club property, structures or equipment
that is the subject of this Agreement, when the City decides not to rebuild, and that damage or
destruction will prevent Contractor from substantially performing their obligation under this
Agreement.
SECTION 15. BREACH.
A. In the event that either party claims that the other is in a substantial breach of any
of the provisions of this Contract, notice of the breach shall be submitted to the party alleged to
Golf Management Agreement
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be in breach and the party in breach shall have thirty (30) days from receipt of the notice within
which to correct any activity or conduct claimed by the other to have constituted a substantial
breach of this Contract. The notice shall identify the nature of the breach and the contract
provisions violated.
B. In the event that the party in breach shall fail to correct the activity claimed to
constitute a substantial breach of this Contract within thirty days of receipt of the notice of
breach, the party claiming breach may:
1. Issue a notice of termination; and/or
2. Seek judicial remedy or specific perfoimance; and/or
3. Pursue any other remedy available at law or equity.
C. The Contractor is subject to immediate termination upon written notice by City if:
1. Contractor violates any fiduciary duty to the City by misappropriating or
not properly accounting for or mishandling City funds as determined by the City or Washington
State Auditor; or
2. Contractor vacates or abandons the Golf Club facilities under Contractor's
responsibility.
D. Upon receipt of notice of termination by Contractor, which is issued by the City,
the City shall have the right to:
1. Enter and take possession ofthe facilities; and/or
2. Bring suit for and collect all fees and portions of gross revenue or any
other monies required to be paid to the City which shall have accrued to the time of termination
of the Contractor's rights.
E. Upon written notice of termination by the City, Contractor will have thirty (30)
days to vacate the Premises unless the City elects to take immediate possession as set forth in
paragraph D above. Termination shall be affected by serving a Notice of Termination by
certified mail (return receipt requested) or by personal delivery upon the Contractor setting forth
the manner in which the Contractor is in default.
F. Neither the City nor the Contractor shall have breached this Contract by reason of
the closing of all or a portion of the golf course facilities as set forth in Section 7(D) and (E).
G. Examples of a breach by the Contractor which warrants termination, if not cured,
shall include but not be limited to:
1. Misappropriation or mishandling of City funds.
2. Contractor makes any general assignment or general arrangement for the
benefit of creditors or the filing by or against. Contractor of a petition to have Contractor
adjudicated as bankrupt, or a petition for reorganization or arrangement under any law relating to
bankruptcy (unless, in the case of a petition filed against Contractor, the same is dismissed
within sixty (60) days or the appointment of a trustee or a receiver to take possession of
substantially all of Contractor's assets located at the Premises or of Contractor's interest in this
/'
Golf Management Agreement
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Agreement, where possession is not restored to Contractor within thirty (30) days or the
attachment, execution, or other judicial seizure of substantially all of Contractor's assets located
at the Premises or of Contractor's interest in this Agreement where such seizure is not discharged
within thirty (30) days.
3. Contractor assigns all or part of its interest in this Agreement without prior
written consent of the City pursuant to Section 13.
4. Nonpayment of outstanding current liabilities within ninety (90) days and
failure to pay Federal, State, and local taxes and license fees when due.
5. Continuing inattention or neglect of duties.
6. Suspension from the PGA resulting in a situation where neither principal
is a member ofthe PGA for more than thirty (30) days.
7. Conviction of a felony or conviction of a non-felony crime of dishonesty,
theft or deceit of either of the Principals.
SECTION 16. PURCHASE OF CONTRACTORS MERCHANDISE. In the event the City
takes over management of the Golf Club facilities, after expiration of this Agreement or earlier
termination by the City, Contractor reserves the right, if it so elects at its discretion, to require
City to purchase the Contractor's Pro shop and driving range merchandise and moveable
furnishings identified in Exhibit A at Contractor's cost less depreciation mutually agreed upon.
If there is no agreement, this amount shall be established by a mutually agreed upon independent
appraiser. The City shall make payment within 90 days of expiration or termination, less any
monies owing to the City under the terms of this Agreement, the Food and Beverage Agreement
or under the terms of the Lease. Should Contractors simply abandon any items set forth above,
they shall immediately become the property ofthe City.
SECTION 17. INDEPENDENT CONTRACTOR.
A. The Contractor is engaged as an independent contractor and will be responsible
for any federal, state, and local taxes and fees applicable to payments hereunder.
B. The Contractor, its subcontractors, and their employees, are not employees of the
City and are not eligible for any benefits through the City, including without limitation federal
social security, health benefits, workers' compensation, unemployment compensation, and
retirement benefits.
C. The parties agree and acknowledge that the Contractor is an independent
contractor and not the agent or employee of the City of Bremerton, and that no liability shall
attach to the City as a result of the acts or omissions of the Contractor, its agents or employees.
D. The Contractor shall be responsible for withholding and paying all payroll taxes
for any person hired by them to perform the duties they are required to perform under the terms
of this agreement. They are also responsible for all taxes owed to any governmental agency as a
result of the monies paid to them under the terms of this Agreement.
Golf Management Agreement
Page 14 of20
SECTION 18. INDEMNIFICATION, INSURANCE, BOND.
A. Indemnification.
1. Contractor agrees to defend, indemnify and save harmless the City, its
appointed and elected officers, employees and volunteers, from and against any and all liability,
loss, cost, damage and expenses, including costs and attorney fees in defense thereof because of
actions, claims or lawsuits for damages resulting from personal or bodily injury, including death
at any time resulting there from, sustained or alleged to have been sustained by any person or
persons and on account of damage to property, arising or alleged to have arisen directly or
indirectly out of or in consequence of or the performance of this Agreement, whether such
injuries to persons or damage to property is due to the willful or negligent acts or omissions of
Contractor, their subcontractors or agents. This provision shall be inapplicable to the extent the
City is judicially found solely negligent for such damage or injury.
2. Should a court of competent jurisdiction determine that this Agreement is
subject to RCW 4.24.115, then, in the event ofliability for damages arising out of bodily injury
to persons or damages to property caused by or resulting from the concurrent negligence of the
Contractor and the City, its officers, officials, employees and 'volunteers, the Contractor's
liability hereunder shall be only to the extent of the Contractor's negligence.
B. Insurance Requirements.
1. The Contractor shall procure and maintain for the duration of this
Agreement, insurance against claims for injuries to persons or damage to property which may
arise from, or in connection with, the performance of the work hereunder by the Contractor, its
agents, representatives, employees or subcontractors.
2. The Contractor shall provide a Certificate of Insurance evidencing:
a. Automobile Liability Insurance with no less than $1,000,000
combined single limit per accident for bodily injury and property damage; and
b. Commercial General Liability Insurance written on an occurrence
bases with limits no less than $1,000,000 combined single limit per occurrence and $2,000,000
aggregate for personal injury, bodily injury, and property damage. Coverage shall include but
not be limited to: blanket contractual; products/completed operations; broad form property
damage; liquor liability. and employer's liability.
c. Adequate insumncc to cover flU contents including city owned
contents in the Clubhouse and Pro Shop faoilities over which Contractor has use, ovmership
and/or control.
3. Any payment of deductible or self insured retention shall be the sole
responsibility of the Contractor.
4. The City, including its officials, employees, and volunteers, shall be
named as an additional insured on the insurance policy, with respect to work performed by, or on
behalf of, the Contractor and a copy of the endorsement naming the City as additional insured,
approved by the City's Risk Manager, shall be attached to the Certificate of Insurance.
5. The Contractor's insurance shall contain a clause stating that coverage
shall apply separately to each insured against whom claim is made or suit is brought, except with
respect to the limits of the insurer's liability.
Golf Management Agreement
Page 15 of20
6. The Contractor's insurance shall be the primary and non-contributing
insurance with respect to the City's insurance and the City shall be given thirty (30) days prior
written notice of any cancellation, suspension or material change in coverage.
7. Acceptability of Insurers. Insurance is to be placed with an insurer with
a Bests' rating of no less than A:XIII, or with an insurer acceptable to the City.
8. Subcontractors. Contractor shall include all subcontractors as insureds
under its policies or shall furnish separate certificates for each subcontractor. All coverage for
subcontractors shall be subject to all of the requirements stated herein.
C. Bond. The Contractor shall continuously maintain at its expense an employee
dishonesty bond covering collection of fees on the Premises for the benefit of the City. The bond
shall be in an amount not less than SEVENTY-FIVE THOUSAND AND NOIlOO DOLLARS
($75,000.00). The Contractor must additionally provide broad form money and securities
coverage both inside and outside the Premises in an amount not less than FIVE THOUSAND
AND NOIIOO DOLLARS ($5,000.00).
D. Proof of Insurance. Proof of the above requirements must be provided to the
City upon execution of this Agreement. The policies required herein shall provide not less than
thirty (30) days prior written notice to the City of any cancellation, expiration, modification, or
reduction in coverage or liability limits.
SECTION 19. SUBCONTRACTING. The Contractor shall not subcontract its work under
this Agreement, in whole or in part, without the written approval of the City. The City reserves
the right to review and approve any subcontracts prior to execution to ensure compliance with
the provisions of this Agreement. The Contractor shall require any approved subcontractor to
agree, as to the portion subcontracted, to comply with all terms and conditions as specified in this
Agreement. Notwithstanding City approval of a subcontractor, the Contractor shall remain
obligated for full performance hereunder, and the City shall incur no obligation other than its
obligations to the Contractor hereunder. Any subcontracts approved by the. City shall be
subject to and shall not extend any rights granted beyond those set forth in this Agreement
to Contractor. Contractor agrees that if subcontractors are employed in the performance of this
Agreement, Contractor and its subcontractors are subject to the requirements of the State of
Washington, Workers' Compensation Laws.
SECTION 20. CONDITION OF PREMISES. The Contractor has inspected and examined
the Premises and all facilities and fixtures thereon and accepts the same in its present condition.
The Contractor shall not make any alterations, changes, or additions to the Clubhouse or to any
fixtures or equipment owned by the City without the written consent of the Director. The
Contractor shall not commit, permit, or allow any nuisance, waste, or injury in, upon, or to the
golf course, or to permit the use of the golf course for any illegal or immoral purpose.
SECTION 21. NOTICE. Any notice provided for under this Agreement shall be sufficient ifin
writing and delivered personally to the following addressee or deposited in the United States
Golf Management Agreement
Page 16 of20
Mail, postage prepaid, certified mail, return receipt requested, addressed as follows, or to such
other address as the receiving party hereafter shall specify in writing:
City:
Director of Parks and Recreation
City of Bremerton
345 6th Street, Suite 600
Bremerton, Washington 98337
Contractor:
SECTION 22. PAYMENTS TO VENDORS AND SUBCONTRACTORS. The Contractor
shall pay timely all suppliers, lessors, and contractors providing services, materials or equipment
for carrying out its obligations under this Agreement. The Contractor shall not take or fail to
take any action in a manner that causes the City or any materials that the Contractor provides
hereunder. to be subject to any claim or lien of any person without the City's prior written
consent.
SECTION 23. BUSINESS LICENSE. Contractor shall obtain a City of Bremerton business
license as required by Chapter 5.02 of the Bremerton City Code prior to beginning work under
this Agreement.
SECTION 24. CONFIDENTIALITY OF RECORDS. The City will, to the extent allowed
by law, keep all of Contractor's and subcontractor's financial cost information confidential,
unless required to disclose the information as a result of the Washington Public Records
Disclosure law, Ch. 42.56 RCW or by court order.
SECTION 25. PRIOR CONTRACT EXTENSIONS SUPERSEDED AND TERMINATED.
The prior agreement between the City and Contractor for these services had an expiration date of
December 31, 2006 which has twice been extended pending negotiation of this agreement. The
extensions were executed with the understanding that new terms may be negotiated fora new
agreement beginning with the year 2007. Accordingly, this Agreement supersedes the terms and
conditions of the fourth amendment extending the 2006 agreement executed on January 18, 2007
and the fifth amendment extending the 2006 agreement executed on or about April 2, 2007 to the
extent this Agreement is inconsistent with the prior agreement and amendments and upon
execution of this Agreement, said agreement and amendments shall terminate.
SECTION 26. OTHER.
A. Costs and Attorney Fees: If, by reason of any default or breach on the part of
either party in the performance of any of the provisions of this Agreement, a legal action is
instituted, the losing party agrees to pay all reasonable costs and attorney fees in connection
Golf Management Agreement
Page 17 of20
therewith. It is agreed that the venue of any legal action brought under the terms of this
Agreement shall be in Kitsap County.
B. Construction. This Agreement shall be construed in accordance with the laws of
the State of Washington. The provisions of this Agreement have been negotiated by the parties,
and when interpreting the provisions of this Agreement, there shall be no presumption of
draftsmanship for or against either party.
C. Severability. The invalidity or unenforceability of any provision hereof shall in
no way affect the validity or enforceability of any other provision.
D. Waiver. Failure to insist upon strict compliance with any terms, covenants
or conditions of this Agreement shall not be deemed a waiver of such, nor shall any waiver or
relinquishment of such right or power at any time be taken to be a waiver of any other breach.
The City and the Contractor shall not be deemed to have waived any breach of this Agreement
by the other party except by an express waiver in writing. An express written waiver as to one
breach shall not be deemed a waiver of any other breach not expressly identified, even though
the other breach is of the same nature as that waived.
E. Amendment. The City and the Contractor may amend this Agreement at any
time only by written amendment executed by the City and the Contractor. The City and the
Contractor agree that this Agreement shall be amended at any time if, in the opinion of bond
counsel to the City, such amendment is necessary to preserve the tax exempt status of interest on
obligations of the City issued to finance the Golf Club.
F. Entire Agreement. This Agreement contains the entire agreement between the
parties with regards to the subject matter set forth herein. There are no other representations
with regards to the subject matter, either orally or in writing. From January 1, 2007 until
execution of this agreement, this agreement supersedes the prior agreement between the City and
Contractor for these services which had an expiration date of December 31, 2006 and which has
twice been extended by amendments on January 18, 2007 and on or about April 2, 2007 pending
negotiation of a new agreement. Upon and following the execution of this Agrt(ement, this
agreement will replace the prior agreement in its entirety.
G. Nondiscrimination. Contractor shall not discriminate in employment or services
to the public on the basis of race, color, national origin, sex, religion, age, marital status,
physical, mental or sensory disability except in an employment action based on a bona fide
occupational qualification.
H. Liens. The Contractor agrees that it shall pay, or cause to be paid, all costs and
expenses for work done and materials delivered to the Premises and shall keep the Premises free
and clear of all liens for work performed thereon.
Golf Management Agreement
Page 18 of20
I. Remedies. Rights under this Agreement are cumulative; the failure to exercise
on any occasion any right shall not operate to forfeit such right on another occasion. The use of
one remedy shall not be taken to exclude or waive the right to use another.
J. Washington law and Forum. This Agreement shall be construed according to
the law of the State of Washington. Any litigation between the City and the Contractor arising
under this Agreement or out of work performed under this Agreement shall occur, if in the state
courts, in the Kitsap County Court having jurisdiction thereof, and if in the federal courts, in the
United States District Court for th~ Western District of Washington.
CITY OF BREMERTON
SCOTT ALEXANDER'S GOLF SHOP, INC.
CARY BOZEMAN, Mayor
By: SCOTT ALEXANDER
Its:
DATE:
DATE:
By: DARYL MATHENY
Its:
DATE:
ATTEST:
Paula Johnston, City Clerk
APPROVED AS TO FORM:
ROGER LUBOVICH, City Attorney
Golf Management Agreement
Page 19 of20
EXHIBIT A
Pro Shop Moveable Furnishinf!s
I Slotwall
2 Driver Racks
3 Putter Racks
6 Clothes Racks
2 Full Set Racks
I 4-Set Rack
I Nesting Table
I TV
I Hat Rack
I Range Picker
I Range Dispenser
I Washer and Dryer
I Range Cart
I Janitorial Supplies
I Laminator
2 Fax Machines
4 Tables for Golf Balls
Christmas and other seasonal decorations
Cones for Shotgun Starts
9 File Cabinets
I Fire Pit and Chairs
R:\LegaI\Legal\Files\Current Active Files\Gold Mountain\GolfManagement Agreement - 8-23-07.doc
Golf Management Agreement
Page 20 of 20
FOOD AND BEVERAGE AGREEMENT
THIS AGREEMENT made and entered into on the date fully executed by and between
the CITY OF BREMERTON, a municipal corporation of the State of Washington, hereinafter
i-eferred to as "City," and SCOTT ALEXANDER'S GOLF SHOP, INC., a Washington
Corporation, hereinafter referred to as "Contractor," to provide professional restaurant and other
food and beverage management and services pursuant to this Agreement, at the City of
Bremerton Gold Mountain Golf Club.
WHEREAS, the City is the owner of Gold Mountain Golf Club, which ownership
includes the land upon which said golf complex is located, the buildings and other improvements
which are a pmi thereof; and
WHEREAS, the Gold Mountain Golf Club consists of two 18 hole golf courses, the
Olympic and the Cascade course, ("Golf Courses" or "Courses"), a driving range, and the
clubhouse containing a Pro Shop, restaurant, meeting rooms and the Olympic room,
("Clubhouse") and other related facilities and structures, collectively also referred to herein as
("Golf Club")
WHEREAS, the City previously entered into an agreement with Scott Alexander and
Daryl Matheny, Contractor's principals ("Principals"), for food, beverage, and golf management
and related services at the Gold Mountain Golf Club; including, but not limited to, food and
beverage service, management of the Cascade and Olympic golf courses and driving range, and
for providing Professional Golf Association ("PGA") professional golf services and lessons to
the facility; and
WHEREAS, the agreement between the City and Contractor for these services expired
December 31, 2006 which has twice been extended by amendments to said agreement pending
negotiation of a new agreement; and
WHEREAS, the extensions were executed with the understanding that new terms may be
negotiated for a new agreement beginning with the year 2007; and
WHEREAS, the City desires to enter into a new agreement with Contractor for food and
beverage services entitled "Food and Beverage Agreement" with terms effective January 1, 2007
and superseding the terms of the extended agreement; and
WHEREAS, the Parties hereto have simultaneously executed a separate agreement
entitled "Golf Management Agreement" relating to the management ofthc Cascade and Olympic
golf courses and driving range and Pro Shop and for providing professional golf services and
lessons to the Gold Mountain Golf Club; and
WHEREAS, the Parties hereto have also simultaneously executed a document entitled
"Lease Agreement" relating to the lease to the Contractor of a certain portion of the Gold
Food & Beverage Agreement
Page 1 of 16
Mountain Golf Club ("Lease") for operation of a Pro Shop, driving range and Contractor's
private cart rental business;
NOW, THEREFORE, 111 consideration of the mutual covenants contained herein, the
parties agree as follows:
SECTION 1. PURPOSE AND ADMINISTRATION.
A. The purpose of this Agreement is to establish a management services agreement
whereby contractor will provide food and beverage management and related services at City-
owned golf facilities. This Agreement is not a lease, nor does it create a leasehold interest other
than similar property interest in Contractor to the City's facilities.
B. Contractor will be responsible for performing all work and/or services described
herein. The Contractor's performance will be monitored and reviewed by the City of Bremerton
Director of Parks and Recreation, or his or her designee, (hereinafter "Director"). Contractor
shall report directly to the Director. Reports and data required to be provided by the Contractor
shall be delivered to the Director. Questions of the Contractor regarding interpretation of the
terms, provisions and requirements of this Agreement shall be addressed to the Director for
response.
SECTION 2. PREMISES. The facilities of the Golf Club to be provided food and beverage
services by the Contractor pursuant to this agreement include the Golf Courses and the
Clubhouse and related facilities, hereinafter ("Premises").
SECTION 3. TERM. Pursuant to IRS Revenue Procedure 97-13, the term of this Agreement
shall be three (3) years commencing on January 1, 2007 ("Commencement Date") and shall
terminate on December 31, 2009, unless terminated earlier in accordance with Section 14.
SECTION 4. SCOPE OF SERVICES.
A. General Services.
1. The Contractor's responsibilities include providing food and beverage
service on the Premises including cart service on the Golf Courses and restaurant service in the
Clubhouse. Unless otherwise noted, food and beverage service includes the restaurant and all
other food and beverage sales and service at the Golf Club.
B. Specific Services. In providing the general services described above, Contractor
shall provide not less than the following specific services:
1. Restaurant, Food and Beverage Service.
a. The Contractor will be responsible, and assume all costs and
expenses, for the operation, management, and supervision of all food and beverage service
operations on the Premises as proposed by Contractor and approved by City, including but not
limited to, restaurant, vending machines and providing catering for special events at the Golf
Club. Contractor shall be responsible for the furnishing of adequate stock of food and beverage.
supplies at its cost and expense.
Food & Beverage Agreement
Page 2 of 16
b. The Contractor shall be responsible for hiring, training and
managing sufficient employees to adequately staff the restaurant and lounge. Contractor shall
provide high caliber quality staff properly celiified and pennitted to provide food and alcohol
service as required by state law.
c. The Contractor shall apply and prepare the application and shall
assume responsibility for all costs and expenses of the application for an applicable liquor
license. The Contractor shall abide by state requirements regarding use of alcohol at the Golf
Club. The City shall execute any reasonable, appropriate documents as owner of the Golf Club
that may be required in conjunction with such application.
d. The Contractor shall be responsible for obtaining all necessary
licenses and permits for the operation of a restaurant and lounge.
2. Restaurant Management.
a. The Contractor shall manage the restaurant and lounge at the
Clubhouse for the City. The City shall provide the furniture, fixtures and equipment ("FF&E")
currently located in the Clubhouse; provided, that the Contractor is providing, and will replace as
needed, the FF &E listed in Exhibit A attached hereto and by reference incorporated herein.
b. The Contractor shall provide maintenance and repair services for
all kitchen appliances and fixtures, restaurant furniture, all FF&E within the restaurant,
Contractor owned tools and equipment, and all Contractor leased equipment. Replacement of
City owned equipment shall be in the sole discretion of the City and the City shall arrange for
equipment replacement in accordance with available funding.
c. Contractor shall provide adequate notice and signage at all points
of entry to the restaurant as well as the front entrance to the Clubhouse designating that the
restaurant is open or closed for business. Contractor shall adequately staff and provide prompt
service for customers to the restaurant.
3. Attend Meetings. Contractor agrees to be available to attend regular and
special meetings of the Golf Complex Board, Parks and Recreation Commission and City
Council, and shall be prepared to discuss issues and ideas of interest to the Contractor and City.
C. Pricing of Services.
1. Food and beverage menus and pnces shall be approved by the
GityDirector.
SECTION 5. OTHER DUTIES AND RESPONSIBILITIES.
A. Personnel. The Contractor shall provide competent personnel necessary for such
operations and shall train and supervise them in their work and shall pay them for their services
at the Contractor's sole cost and expense. Contractor shall supervise, direct and train staff to
perform duties and meet requirements for sales and services which are, in the opinion of the City
and Contractor, necessary. Contractor shall provide an on-going staff training program with
emphasis on customer training.
B. Credit Rating. Contractor shall maintain a good credit rating in all commercial
transactions so as not to discredit the reputation or name of the City of Bremerton.
Food & Beverage Agreement
Page 3 of 16
C. Quarterly Review. Contractor and City shall meet on a quarterly schedule, or
as otherwise as mutually agreed, to evaluate operations at the Golf Club and the perf01111anCe of
the parties pursuant to this agreement and to make mutually agreeable changes.
SECTION 6. OPERATING POLICIES AND PROCEDURES. The Contractor will:
A. Operate the restaurant pursuant to the rules and regulations established by
the City Council and the Director.
B. Expel unruly persons or those under the influence of intoxicants from the
Premises under Contractor's control.
C. Not foster nor permit any illegal activity within the restaurant under
Contractor's control.
D. Answer and handle all complaints and shall supervise a public relations
program. In dealing with the public, Contractor will not speak toward City policies or decisions
in a derogatory manner. Contractor shall explain and support city policies to staff and the
golfing public.
E. Not use the Premises for ancillary, revenue-producing activities or social
actIVItIes, unless expressly authorized by the City. The parties acknowledge that Contractor
conducts certain private business operations pursuant to the Lease executed with the City for
operation of a Pro Shop, driving range and Contractor's private cart rental business and further
that Contractor subcontracts lessons at the Golf Club.
F. Provide service to meet public demand and shall keep the restaurant open
each day that the golf courses are open for play, and at other reasonable hours as prescribed by
the City, except Thanksgiving and Christmas, at Contractors option, days the Greens
Superintendent closes the course due to inclement weather and except when closed as set forth in
Section 7(C).
SECTION 7. COMPENSATION.
A. Contractor shall be compensated for services as follows:
1. Food and Beverage Sales.
a. Fixed Fee. Contractor shall be paid the annual sum of one million
dollars ($1,000,000.00). The compensation shall be paid in weekly installments. Each weekly
payment will be in an amount equal to the gross food and beverage revenue, net of sales tax for
the week, until gross revenues, net of sales tax, reach one million dollars ($1,000,000.00).
b. Percentage Fee. In addition, throughout the term of this contract,
Contractor shall be paid ninety four percent (94%) of revenues received from all food and
beverage sales, net of sales tax, in excess of one million dollars ($1,000,000.00) but in no event
shalLthis percentage fee exceed the fixed fee in any given year set forth in Section 7 (A)(1 )(a)
above.
Food & Beverage Agreement
Page 4 of 16
2. Final reconciliation. Final reconciliation and payment for each year will
s( ,
be made by January 31' of the followmg year.
B. \Vithholding of Payments to Contractor. In the event the Contractor is 60 days
or later in payment oflease payments associated with the Lease, City may withhold and apply all
monies due to Contractor from City under this Agreement to offset any such amounts due to City
from Contractor under said Lease.
C. Restaurant Closure - For Conditions and Repair. The restaurant shall remain
open unless the golf courses and related facilities are closed pursuant to Section 7(D) and (E) of
the Golf Management Agreement or the Clubhouse is closed as a result of causes beyond the
control, fault, or negligence of the parties. Such causes may include, without limitation, acts of
God or publ~c enemy; acts of the federal, state, or local governments; fires; floods; epidemics;
volcanic emptions; quarantine restrictions; strikes; freight embargoes; court orders; and
unusually severe weather or other condition that causes all or a portion of the Golf Club facilities
to be closed for extended periods of time. Should either the City or the Contractor fail to perform
because of a cause described in this subsection, the City and the Contractor shall make a
mutually acceptable revision in the SCOPE OF SERVICES and COMPENSATION provided for
in this Contract, including termination of the Agreement if the Premises is deemed unusable by
the City as a result of major damage or destmction and the City elects not to rebuild the same.
In the event that City determines that it is necessary to close all or a portion of the
Clubhouse due to regular maintenance, repair, capital improvements, inclement weather, or
similar condition, the City shall coordinate such closing with the Contractor prior to actual
closing. Contractor shall comply with the Director's decision to close all or part of the
Clubhouse at no cost to the City.
In the event of closure of all or a portion of the Premises as set forth in this subsection,
Contractor shall not be entitled to any compensation pursuant to this section, Section 7, whether
fixed fee or percentage fee, however, when feasible, the City and Contractor shall revise the
SCOPE OF SERVICES and COMPENSATION as noted above for partial closure of the
Premises, unless this agreement is terminated pursuant to Section 14 (F). The City shall incur no
liability to Contractor for lost revenue or other additional compensation as a result of any closure
of all or a portion of the Premises as set forth in this subsection.
SECTION 8. CITY RESPONSIBILITIES - UTILITIES. All electric power, water, sewer,
gas/propane, street utility, garbage and telephone service related to this agreement shall be paid
by the City. If upon review the City determines that action is needed to address excessive
consumption, Contractor will promptly respond and take appropriate action to remedy the
excessive consumption. Each party shall pay internet and web page costs and expenses related to
their duties and responsibilities under this Agreement, unless otherwise agreed.
SECTION 9. CAPITAL IMPROVEMENTS AND FIXTURES. Contractor shall not make
any alterations, additions or improvements in the Gold Mountain Golf Club, including the
restaurant, without first obtaining the consent of City in writing, which consent can be withheld
at City's sole discretion. All alterations, additions and improvements, shall be at the sole cost
Food & Beverage Agreement
Page 5 of 16
and expense of Contractor, and shall remain in and be sUITcndered with the Clubhouse as a part
thcreof at the termination of this Agreement except for thosc improvements and fixtures supplied
by the Contractor which at the time of this Agreement are identified on the attached Exhibit A.
If Contractor perfol1ns work with the consent of City, as provided above, Contractor agrees to
comply with all laws, ordinances, rules and regulations of the City and any other authorized
public authority. Contractor further agrees that workmanship will be of a reasonable commercial
quality, in color schemes in accordance with current building, standards, and free of mechanics
liens. Contractor further agrees to save City free and ham11ess from damage, loss or expense
arising out of such work.
SECTION 10. COLLECTION OF FEES, FINANCIAL REPORTING, AUDITING AND
T AXES. Pursuant to the Golf Club Revenue Bond resolutions, the City irrevocably pledged
gross revenues from the Golf Club as security for bond repayment. Therefore, all gross revenues
from any source shall first be deposited in the City's bank account and disbursed pursuant to this
Agreement.
A. Point of Sale System. City shall be responsible for purchasing, setting up and
maintaining a point of sale system through which all transactions at the Golf Club will be
processed.
1. City's Responsibilities. The City shall provide a cashiering system for
use by the Contractor. City shall provide initial training on the operations of the cashiering
system. All subsequent training of Contractor's staff shall be the responsibility of the
Contractor. The City shall also be responsible for maintenance of network, wiring, software, and
equipment. The City will provide repair parts as needed for equipment.
2. Contractor's Responsibilities. Contractor shall be responsible for any
additional hardware, user licenses, and software that Contractor chooses to install. The
Contractor shall also be responsible for operating supplies such as receipt paper, toner, and
labels. Contractor shall provide additional formal training for Contractor's employees after
initial training sessions have been performed by the City. New cashier employees and office
managers must have suitable knowledge of the Golf cashiering system in order to perform their
duties in an efficient and accurate manner. This training may be provided by Contractor
personnel.
3. Modifications. Any other changes, additions, or modifications applicable
to the City owned gelf---cashiering system would need mutual agreement as to payment
responsibility.
B. Receipting. Contractor and/or subcontractor shall collect for, and on behalf of,
the City all gross revenue, including but not limited to food and beverage sales, non-sufficient
fund check retum fees, and all other fees at the Golf Club in strict accordance with the schedule
of fees established by the City, unless other instructions are given in writing to the Contractor.
Netting of transactions is prohibited. All revenue collected from transactions under this
agreement must be processed through the Point of Sale System and deposited as provided in
subsection 1 G(C). All food service gross revenue, including from toumaments, group functions
and special package offerings, must be recorded, collected, and deposited in a manner which will
dispense a dated receipt to be given to each customer.
Food & Beverage Agreement
Page 6 of 16
C. Deposits. All deposits must be prepared in a timely manner defined as V2 hour
ahead of scheduled pick-up and composition of deposit shall remain intact and a clear audit trail
maintained. The City will provide and pay for courier service. Any delays causing additional
"premise charges" will be paid by Contractor. All deposits will be made into a single account
established for the Golf Club. Settlements and appropriate disbursements will be made from this
account. Contractor shall be responsible for any loss or theft of City funds while the same are in
its possession or control. Contractor shall provide City with a fidelity bond and a performance
bond as required in this Agreement. Contractor and any subcontractor shall comply with
accounting procedures as may be required by the City to comply with state laws, regulations and
audit review requirements.
D. Reports. Contractor shall provide to the City daily reports of food and beverage
sales activity and receipts in a format to be provided by the Director and Finance Officer, and
shall structure their accounting system in a method satisfactory and acceptable to the City. The
reports will be forwarded to the Director or designee and must be received by the 2nd business
day following the day of activity, excluding Fridays, Saturdays and Sundays which will be due
on Tuesdays. The reports must agree with the corresponding deposit for the day. In addition, the
Contractor shall submit either a copy of its previous year's annual reportoperating statement by
March 3151 to demonstrate its financial sohency or submit a Certificate of Solvency by a
certified public accountant to demonstrate Contractor's financial ability to maintain operations
under this Agreement.
E. Audits. All revenue and fees collected at the Golf Club are City revenues
and subject to audit by the State Auditor, City Internal Auditor, or City hired Certified Public
Accountants. Contractor shall permit the City, from time to time as the City deems necessary,
through its designated representatives, to inspect and audit in Bremerton, Washington, at any
reasonable time, all pertinent books and records of Contractor and any other person or entity that
has performed work in connection with or related to Contractor's services under this Agreement
to verify the accuracy of accounting records and shall supply the City with, or shall permit the
City to make a copy of any books and records and any portion thereof, upon the City's request.
Contractor shall ensure that such inspection, audit and copying right of the City is a condition of
any contract, agreement or other arrangement under which any other person or entity is permitted
to perform work in connection with or related to Contractor's services under this Agreement.
The Contractor shall take immediate corrective action on all prior, current or future internal
control weaknesses as directed by the City.
F. Taxes. Pursuant to the City's bond resolutions on the Golf Club facilities, the
Contractor will remit to the City all gross revenues collected. Sales tax from Contractor's
activities remitted to the City will be held by the City and will be returned to the Contractor
weekly or as otherwise agreed. City shall retain and remit sales taxes on revenues from food and
beverage sales. As an independent contractor, the Contractor acknowledges that it is responsible
for payment of any local, state, state business and occupation tax, or federal taxes or fees with
respect to the Contractor's business, including sales tax, for its activities. The Contractor shal1
pay any and al1 applicable taxes when due.
Food & Beverage Agreement
Page 7 of 16
G. Credit Card Costs and Fees. Contractor shall be responsible for all credit card
costs and related fees inculTed for food and beverage service pursuant to this agreement.
SECTION 11. MAINTENANCE OF RECORDS. The Contractor shall keep and maintain
records on a CUlTent basis all books and records, including the operating accounts, to support its
billin;s and pa)1nent to the City management and operations of the Premises under this
Agreement. The City or its authorized representative shall have the authority to inspect, audit,
and copy, upon reasonable notice and from time to time, any records of the Contractor regarding
its billings, payments or work under this Agreement. Per the \Vashington State Auditor, tho
Contractor shall retain these records for inspection, audit, and copying for at least three (3) years
from the date of completion or tern1ination of this Agreement, or as otherwise required by the
Washington Secretary of State General Records Retention Schedule for all Local Government
Agencies in Washington State. Contractor shall, at all times, provide the City with all records for
the prior three (3) years that relate to the financial matters of the facilities managed by Contractor
under this Agreement.
SECTION 12. AUDIT OF PAYMENTS. The City, either directly or through a designated
representative, may audit the records of the Contractor at any time during the three (3) year
period established by Section 11, MAINTENANCE OF RECORDS. If an audit discloses that
payments to the Contractor under Section 7, COMPENSATION, were in excess of the amount
to which the Contractor was entitled, or that the payments to the City were less than the amount
to which the City was entitled, then Contractor shall repay the amount of the excess or deficiency
to the City. If an audit discloses that payments to the City under Section 7, COMPENSATION,
were in excess of the amount to which the City was entitled, or that payments to the Contractor
were less than the amount to which the Contractor was entitled, then the City shall repay the
amount of the excess or deficiency to the Contractor.
SECTION 13. ASSIGNMENT. Contractor shall not either voluntarily or by operation of law
assign, transfer, mortgage, pledge, hypothecate, or encumber this contract or any interest therein
and shall not subcontract the obligations under this Agreement, or any part thereof, or allow any
person (employees, agents, servants, and invitees of Contractor excepted) to use the Golf Club
Facilities, or any portion thereof, without the prior written consent of the City. Any such
assignment, subcontracting or use without compliance with the terms of this paragraph shall be
void and shall constitute a default under the terms of this Contract. If Contractor is a
corporation, any transfer of this Contract from Contractor by merger, consolidation, or
liquidation, or any change in the ownership or power to vote in a majority of the outstanding
voting stock of Contractor shall constitute an assignment for purposes of this paragraph. Any
consent to one assignment, subcontracting, or use by any other person shall not be deemed to be
a consent to any subsequent assignment, subcontracting, or use by another person. Consent to
any such assignment, subcontracting or use shall in no way relieve Contractor of any liability
under this Agreement. Assignment by Contractor to a financial institution holding a security
interest in this Agreement shall not be considered to be a violation of the consent requirements of
this Agreement. Consent for any subsequent assignments by said financial institution will not be
unreasonably withheld; however, any assignee must have experience and be knowledgeable in
gol f and food and beverage operations.
Food & Beverage Agreement
Page 8 of 16
SECTION 14. TERMINATION. This Contract will terminate upon the happening of any of
the following events:
A. Upon its nonnal tennination if not renewed.
B. Upon termination of the Lease and/or Golf Management Agreement.
C. Upon the death of both of Contractor's principalsPrincipals.
D. By mutual written agreement.
E. Breach of this Agreement as set forth in Section 15 below.
F. Major damage or destruction of the golf Club property, structures or equipment
that is the subject of this Agreement, when the City decides not to rebuild, and that damage or
destruction will prevent Contractor from substantially performing their obligation under this
Agreement.
SECTION 15. BREACH.
A. In the event that either party claims that the other is in a substantial breach of any
of the provisions of this Contract, notice of the breach shall be submitted to the party alleged to
be in breach and the party in breach shall have thirty (30) days from receipt of the notice within
which to correct any activity or conduct claimed by the other to have constituted a substantial
breach of this Contract. The notice shall identify the nature of the breach and the contract
provisions violated.
B. In the event that the party in breach shall fail to correct the activity claimed to
constitute a substantial breach of this Contract within thirty days of receipt of the notice of
breach, the party claiming breach may:
1. Issue a notice of termination; and/or
2. Seek judicial remedy or specific performance; and/or
3. Pursue any other remedy available at law or equity.
C. The Contractor is subject to immediate termination upon written notice by City if:
1. Contractor violates any fiduciary duty to the City by misappropriating or
not properly accounting for or mishandling City funds as detem1ined by the City or Washington
State Auditor; or
2. Contractor vacates or abandons the Golf Club facilities under Contractor's
responsibility.
D. Upon receipt of notice of termination by Contractor, which is issued by the City,
the City shall have the right to:
1. Enter and take possession of the facilities; and/or
Food & Beverage Agreement
Page 9 of 16
2. Bring suit for and collect all fees and portions of gross revenue or any
other monies required to be paid to the City which shall have accrued to the time of termination
of the Contractor's rights.
E. Upon written notice of termination by the City, Contractor will have thirty (30)
days to vacate the Premises unless the City elects to take immediate possession as set forth in
paragraph 0 above. Tennination shall be affected by serving a Notice of Tennination by
certified mail (retum receipt requested) or by personal delivery upon the Contractor setting forth
the manner in which the Contractor is in default.
F. Neither the City nor the Contractor shall have breached this Contract by reason of
the closing of all or a portion of the golf course facilities as set forth in Section 7( C)).
G. Examples of a breach by the Contractor which warrants termination, if not cured,
shall include but not be limited to:
1. Misappropriation or mishandling of City funds.
2. Contractor makes any general assignment or general arrangement for the
benefit of creditors or the filing by or against Contractor of a petition to have Contractor
adjudicated as bankrupt, or a petition for reorganization or arrangement under any law relating to
bankruptcy (unless, in the case of a petition filed against Contractor, the same is dismissed
within sixty (60) days or the appointment of a trustee or a receiver to take possession of
substantially all of Contractor's assets located at the Premises or of Contractor's interest in this
Agreement, where possession is not restored to Contractor within thirty (30) days or the
attachment, execution, or other judicial seizure of substantially all of Contractor's assets located
at the Premises or of Contractor's interest in this Agreement where such seizure is not discharged
within thirty (30) days.
3. Contractor assigns all or part of its interest in this Agreement without prior
written consent of the City pursuant to Section 13.
4. Nonpayment of outstanding current liabilities within ninety (90) days and
failure to pay Federal, State, and local taxes and license fees when due.
5. Continuing inattention or neglect of duties.
6. Conviction of a felony or conviction of a non-felony crime of dishonesty,
theft or deceit of either of the Principals.
SECTION 16. PURCHASE OF CONTRACTORS MERCHANDISE. In the event the City
takes over management of the Golf Club facilities, after expiration of this Agreement or earlier
termination by the City, Contractor reserves the right, if it so elects at its discretion, to have the
City purchase the Contractor's food and beverage merchandise and moveable fumishings
identified in Exhibit A at Contractor's cost less depreciation mutually agreed upon. If there is no
agreement, this amount shall be established by a mutually agreed upon independent appraiser.
The City shall make payment within 90 days of expiration or termination, less any monies owing
to the City under the terms of this Agreement, the Golf Management Agreement or under the
temlS of the Lease. The City may, at its discretion, replace any of the items in Exhibit A, in
which case, the replaced items will belong to the City and not be subject to purchase by the City
as provided herein.
Food & Beverage Agreement
PagelOof16
SECTION 17. INDEPENDENT CONTRACTOR.
A. The Contractor is engaged as an independent contractor and will be responsible
for any federal, state, and local taxes and fees applicable to payments hereunder.
B. The Contractor, its subcontractors, and their employees, are not employees of the
City and are not eligible for any benefits through the City, including without limitation federal
social security, health benefits, workers' compensation, unemployment compensation, and
retirement benefits.
C. The parties agree and acknowledge that the Contractor is an independent
contractor and not the agent or employee of the City of Bremerton, and that no liability shall
attach to the City as a result of the acts or omissions of the Contractor, its agents or employees.
D. The Contractor shall be responsible for withholding and paying all payroll taxes
for any person hired by them to perform the duties they are required to perform under the terms
of this Agreement. They are also responsible for all taxes owed to any governmental agency as a
result of the monies paid to them under the terms of this Agreement.
SECTION 18. INDEMNIFICATION, INSURANCE, BOND.
A. Indemnification.
1. Contractor agrees to defend, indemnify and save harmless the City, its
appointed and elected officers, employees and volunteers, from and against any and all liability,
loss, cost, damage and expenses, including costs and attorney fees in defense thereof because of
actions, claims or lawsuits for damages resulting from personal or bodily injury, including death
at any time resulting there from, sustained or alleged to have been sustained by any person or
persons and on account of damage to property, arising or alleged to have arisen directly or
indirectly out of or in consequence of or the performance of this Agreement, whether such
injuries to persons or damage to property is due to the willful or negligent acts or omissions of
Contractor, their subcontractors or agents. This provision shall be inapplicable to the extent the
City is judicially found solely negligent for such damage or injury.
2. Should a court of competent jurisdiction determine that this Agreement is
subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury
to persons or damages to property caused by or resulting from the concurrent negligence of the
Contractor and the City, its officers, officials, employees and volunteers, the Contractor's
liability hereunder shall be only to the extent of the Contractor's negligence.
B. Insurance Requirements.
1. The Contractor shall procure and maintain for the duration of this
Agreement, insurance against claims for injuries to persons or damage to property which may
arise from, or in connection with, the performance of the work hereunder by the Contractor, its
agents, representatives, employees or subcontractors.
2. The Contractor shall provide a Certificate of Insurance evidencing:
a. Automobile Liability Insurance with no less than $1,000,000
combined single limit per accident for bodily injury and property damage; and
Food & Beverage Agreemellt
Page 11 of 16
b. Commercial General Liability Insurance written on an occurrence
bases with limits no less than $1,000,000 combined single limit per OCCUITence and $2,000,000
aggregate for personal injury, bodily injury, and property damage. Coverage shall include but
not be limited to: blanket contractual; products/completed operations; broad fonn property
damage; liquor liability, and employer's liability.
c. Adequate insurance to cm'cr all contents including city owned
contents in the Clubhouse and pro shop facilities over which Contractor has use, O\vnership
and/or control.
3. Any payment of deductible or self insured retention shall be the sole
responsibility of the Contractor.
4. The City, including its officials, employees, and volunteers, shall be
named as an additional insured on the insurance policy, with respect to work performed by, or on
behalf of, the Contractor and a copy of the endorsement naming the City as additional insured,
approved by the City's Risk Manager, shall be attached to the Certificate of Insurance.
5. The Contractor's insurance shall contain a clause stating that coverage
shall apply separately to each insured against whom claim is made or suit is brought, except with
respect to the limits of the insurer's liability.
6. The Contractor's insurance shall be the primary and non-contributing
insurance with respect to the City's insurance and the City shall be given thirty (30) days prior
written notice of any cancellation, suspension or material change in coverage.
7. Acceptability of Insurers. Insurance is to be placed with an insurer with
a Bests' rating of no less than A:XIII, or with an insurer acceptable to the City.
8. Subcontractors. Contractor shall include all subcontractors as insureds
under its policies or shall furnish separate certificates for each subcontractor. All coverage for
subcontractors shall be subject to all of the requirements stated herein.
C. Bond. The Contractor shall continuously maintain at its expense an employee
dishonesty bond covering collection of fees on the Premises for the benefit of the City. The bond
shall be in an amount not less than SEVENTY-FIVE THOUSAND AND NOIlOO DOLLARS
($75,000.00). The Contractor must additionally provide broad form money and securities
coverage both inside and outside the Premises in an amount not less than FIVE THOUSAND
AND NOll 00 DOLLARS ($5,000.00).
D. Proof of Insurance. Proof of the above requirements must be provided to the
City upon execution of this Agreement. The policies required herein shall provide not less than
thirty (30) days prior written notice to the City of any cancellation, expiration, modification, or
reduction in coverage or liability limits.
SECTION 19. SUBCONTRACTING. The Contractor shall not subcontract its work under
this Agreement, in whole or in part, without the written approval of the City. The City reserves
the right to review and approve any subcontracts prior to execution to ensure compliance with
the provisions of this Agreement. The Contractor shall require any approved subcontractor to
agree, as to the portion subcontracted, to comply with all tenns and conditions as specified in this
Agreement. Notwithstanding City approval of a subcontractor, the Contractor shall remain
obligated for full performance hereunder, and the City shall incur no obligation other than its
obligations to the Contractor hereunder. Any subcontracts approved by the City shall be
Food & Beverage Agreement
Page 12 of 16
subject to and shall not extend any rights granted beyond those set forth in this Agreement
to Contractor. Contractor agrees that if subcontractors are employed in the perfonnance of this
Agreement, Contractor and its subcontractors are subject to the requirements of the State of
Washington, Workers' Compensation Laws.
SECTION 20. CONDITION OF PREMISES. The Contractor has inspected and examined
the Premises and all facilities and fixtures thereon and accepts the same in its present condition.
The Contractor shall not make any alterations, changes, or additions to any fixtures or equipment
owned by the City without the written consent of the Director. The Contractor shall not commit,
pemlit, or allow any nuisance, waste, or injury in, upon, or to the golf course, or to permit the use
of the golf course for any illegal or immoral purpose.
SECTION 21. NOTICE. Any notice provided for under this Agreement shall be sufficient ifin
writing and delivered personally to the following addressee or deposited in the United States
Mail, postage prepaid, certified mail, return receipt requested, addressed as follows, or to such
other address as the receiving party hereafter shall specify in writing:
City:
Director of Parks and Recreation
City of Bremerton
345 6th Street, Suite 600
Bremerton, Washington 98337
Contractor:
SECTION 22. PAYMENTS TO VENDORS AND SUBCONTRACTORS. The Contractor
shall pay timely all supplIers, lessors, and contractors providing services, materials or equipment
for carrying out its obligations under this Agreement. The Contractor shall not take or fail to
take any action in a manner that causes the City or any materials that the Contractor provides
hereunder to be subject to any claim or lien of any person without the City's prior written
consent.
SECTION 23. BUSINESS LICENSE. Contractor shall obtain a City of Bremerton business
license as required by Chapter 5.02 of the Bremerton City Code prior to beginning work under
this Agreement.
SECTION 24. CONFIDENTIALITY OF RECORDS. The City will, to the extent allowed
by law, keep all of Contractor's and subcontractor's financial cost information confidential,
unless required to disclose the information as a result of the Washington Public Records
Disclosure law, Ch. 42.56 RCW or by court order.
SECTION 25. PRIOR CONTRACT EXTENSIONS SUPERSEDED AND
TERMINATED. The prior agreement between the City and Contractor for these services had
an expiration date of December 31, 2006 which has twice been extended pending negotiation of
Page 13 of 16
Food & Beverage Agreement
this agreement. The extensions were executed with the understanding that new tenns may be
negotiated for a new agreement beginning with the year 2007. Accordingly, this Agreement
supersedes the terms and conditions of the fourth amendment extending the 2006 agreement
executed on January 18, 2007 and the fifth amendment extending the 2006 agreement executed
on or about April 2, 2007 to the extent this Agreement is inconsistent with the prior agreement
and amendments and upon execution of this Agreement, said agreement and amendments shall
tem1inate.
SECTION 26. OTHER.
A. Costs and Attorney Fees: If, by reason of any default or breach on the part of
either party in the performance of any of the provisions of this Agreement, a legal action is
instituted, the losing party agrees to pay all reasonable costs and attorney fees in connection
therewith. It is agreed that. the venue of any legal action brought under the terms of this
Agreement shall be in Kitsap County.
B. Construction. This Agreement shall be construed in accordance with the laws of
the State of Washington. The provisions of this Agreement have been negotiated by the parties,
and when interpreting the provisions of this Agreement, there shall be no presumption of
draftsmanship for or against either party.
C. Severability. The invalidity or unenforceability of any provision hereof shall in
no way affect the validity or enforceability of any other provision.
D. Waiver. Failure to insist upon strict compliance with any terms, covenants
or conditions of this Agreement shall not be deemed a waiver of such, nor shall any waiver or
relinquishment of such right or power at any time be taken to be a waiver of any other breach.
The City and the Contractor shall not be deemed to have waived any breach of this Agreement
by the other party except by an express waiver in writing. An express written waiver as to one
breach shall not be deemed a waiver of any other breach not expressly identified, even though
the other breach is of the same nature as that waived.
E. Amendment. The City and the Contractor may amend this Agreement at any
time only by written amendment executed by the City and the Contractor. The City and the
Contractor agree that this Agreement shall be amended at any time if, in the opinion of bond
counsel to the City, such amendment is necessary to preserve the tax exempt status of interest on
obligations of the City issued to finance the Golf Club.
F. Entire Agreement. This Agreement contains the entire agreement between the
parties with regards to the subject matter set forth herein. There are no other representations
with regards to the subject matter, either orally or in writing. From January 1, 2007 until
execution of this agreement, this agreement supersedes the prior agreement between the City and
Contractor for these services which had an expiration date of December 31, 2006 and which has
twice been extended by amendments on January 18, 2007 and on or about April 2, 2007 pending
negotiation of a new agreement. Upon and following the execution of this Agreement, this
agreement will replace the prior agreement in its entirety.
Food & Beverage Agreemellt
Page 14 of 16
G. Nondiscrimination. Contractor shall not discriminate in employment or services
to the public on the basis of race, color, national origin, sex, religion, age, marital status,
physical, mental or sensory disability except in an employment action based on a bona fide
occupational qualification.
H. Liens. The Contractor agrees that it shall pay, or cause to be paid, all costs and
expenses for work done and materials delivered to the Premises and shall keep the Premises free
and clear of all liens for work performed thereon.
I. Remedies. Rights under this Agreement are cumulative; the failure to exercise
on any occasion any right shall not operate to forfeit such right on another occasion. The use of
one remedy shall not be taken to exclude or waive the right to use another.
J. Washington law and Forum. This Agreement shall be construed according to
the law of the State of Washington. Any litigation between the City and the Contractor arising
under this Agreement or out of work performed under this Agreement shall occur, if in the state
courts, in the Kitsap County Court having jurisdiction thereof, and if in the federal courts, in the
United States District Court for the Western District of Washington.
CITY OF BREMERTON
SCOTT ALEXANDER'S GOLF SHOP, INC.
CARY BOZEMAN, Mayor
By: SCOTT ALEXANDER
Its:
DATE:
DATE:
By: DARYL MATHENY
Its:
DATE:
ATTEST:
Paula Johnston, City Clerk
APPROVED AS TO FORM:
ROGER LUBOVICH, City Attorney
R:\Legal\Lcgal\Filcs\Current Active Files\Gold Mountain\Food and Bevcrage Agrcement - 8-23-07.doc
Food & Beverage Agreement
Page150f16
EXHIBIT A
Food and Bevera2e Moveable Furnishin2s
Meat slicer
Soup wanner
I Service bar
Silverware service for 400
6 dozen Salt & pepper
Glassware for 300 (coffee, water, champagne, wine)
2 dozen Coffee thermoses
Bus tubs
Table skirting 13
4 dozen Plastic pitchers
2 Desks
P.O.S. system 3
Coat racks
Dish racks
Sheet pans
Pot & pans
Hotel pans
Misc. small tools: Quisinart, Burr mixer, spats tongs
Menu covers
8 wood highchairs
Box light (proxima)
Portable Screen 8'x 10'
Serving platters 10 1 g
Chafers (11)
Banquet Plates 300
B&B plates 450
Baskets misc. 15
Vacuums 3
Copier E studio 45
Fax machine Office jet v40
2 Computers with monitors and printers
6 Office desks
Butane bumers
2 Safes
Speed racks 3
P.A. system & speakers
Cordless microphone system
Pressure washer
Rug shampooer
Bus tray 20
Dish machine
Food & Beverage Agreement
Page 16 of 16
LEASE AGREEMENT
1. Date and Parties. THIS LEASE AGREEMENT (the "Lease"), is entered into on
the date fully executed by and between the CITY OF BREMERTON, a municipal corporation,
hereinafter referred to as "Landlord", and SCOTT ALEXANDER'S GOLF SHOP, INC., a
Washington Corporation, hereinafter referred to as "Tenant".
2. General Recitals.
A. The Landlord owns and operates a golf complex known as the Gold
Mountain Golf Club ("Golf Club"). Gold Mountain originally had one 18-hole golf course and a
clubhouse. For purpose of this Lease, this 18-hole course shall be known as "Cascade Course"
and this clubhouse as the "Old Clubhouse". The Driving Range (the "Driving Range") is located
on the Old Course.
B. In 1996 the Landlord decided to expand the Gold Mountain Golf Club by
adding a new 18-hole golf course known as the Olympic Course. Additionally, the Landlord
built a new clubhouse (the "Clubhouse") in 2001 at a total cost of $3.5 million. The Landlord
financed $3.1 million of the total cost of constructing the Clubhouse by selling bonds (the
"Bonds"), the interest on which is not included in gross income for federal income tax purposes.
C. The Tenant has served the Landlord as its golf professional for many
years. It is the desire of the Tenant and Landlord to continue this relationship. The Tenant and
the Landlord are simultaneously, with the execution of this Lease, also entering into an
agreement for golf management and services entitled "Golf Management Agreement" and an
agreement for food and beverage service entitled "Food and Beverage Agreement" so that the
Tenant will serve as the Golf Course Professional, and provide management services and food
and beverage services for the Golf Club.
D. As an inducement for Tenant to enter into the Golf Management
Agreement and the Food and Beverage Agreement, and to assure that the customers receive all
of the services that are customary for a golf course, the Landlord has agreed to lease the Driving
Range and a portion of the Clubhouse to the Tenant. The portion of the Clubhouse to be leased
to the Tenant is for a Golf Pro Shop.
E. The Driving Range is located adjacent to the Cascade Course, neither of
which includes improvements that were bond- financed.
F. The Golf Pro Shop, the location of which is within the Clubhouse, is
pictorially illustrated in Exhibit A attached hereto and by reference incorporated herein. The pro
rata cost of construction for the Clubhouse that is attributable to the Golf Pro Shop is less than
the Landlord's contribution to the cost of construction derived from sources other than Bond
proceeds, which contribution was approved in the Declaration of Official Intent of the Landlord
adopted pursuant to federal tax law prior to the issuance of the Bonds and allocated by Landlord
to area of the Clubhouse in which the Golf Pro Shop is located.
Page I of8
Gold Mountain Lease
G. Tenant has a golf cart rental business and desires to lease land ("Cart
Pad") from the Landlord at Gold Mountain Golf Club for said business. The area to be leased
consists of an area of land for a total area of approximately 15,000 square feet identified in
Exhibit B attached hereto and by reference incorporated herein.
H. The purpose of this Lease is to provide for the Tenant to operate the Pro
Shop and Driving Range as well as to operate its private golf cart rental business while serving
as the Landlord's Golf Professional under the terms of the Professional Service Agreement
referenced above.
3. Premises. The premises subject to this Lease are the Driving Range located at
the Gold Mountain Golf Club, the Golf Pro Shop located in the Gold Mountain Clubhouse and
the Cart Pad (collectively, the "Premises"). The Premises are located on the real property legally
described as Section 36, Township 24 N, Range 1 West, WM in Kitsap County, Washington.
4. Use of Premises.
A. The Golf Pro Shop may be used for all activities normally related to the
retail activities of a golf course including, but not limited to, retail sales of golf related
merchandise, equipment rental, and golf related professional services. The Driving Rang~ may
be used for all activities normally related to operating a Driving Range, including, but not limited
to, providing lessons and rental of balls and equipment.
B. The Tenant shall maintain an adequate stock of golf related merchandise
to serve the playing public.
C. The Tenant has the exclusive right to rent practice balls on the Driving
Range. The Tenant shall provide and maintain ball dispensing machines, ball retrieval and
washing equipment. The Tenant shall be responsible for retrieving the balls. The Landlord shall
be responsible for grass related maintenance of the Driving Range.
D. The Tenant shall have the exclusive right to salvage golf balls from all
water hazards at Gold Mountain.
E. The Tenant shall have the right to use the Cart Pad for the storage,
maintenance and operation of his private golf cart rental business.
F. Tenant shall not use the Premises or any part thereof for any illegal
purpose. Tenant shall not engage in any activity with respect to or on the Premises other than the
express uses and purposed stipulated therein, without obtaining prior written consent from the
Landlord, which consent can be withheld for any reason. Tenant agrees to conform to municipal,
county, and state codes, statutes, ordinances, and regulations concerning the use and occupation
of the Premises.
G. The Landlord and Tenant do not intend to allow the Premises to be used in
such a manner as to cause the interest on the Bonds to be included in gross income for purposes
of federal income taxation. If it is determined that any use contemplated under the terms of this
Lease, the Golf Management Agreement or the Food and Beverage Agreement referenced herein
Page 2 of8
Gold Mountain Lease
would cause the bonds to be private activity bonds, then the parties agree, that without penalty to
either party, the te~s of this Lease, the Golf Management Agreement and/or the Food and
Beverage Agreement will be modified accordingly so as to preserve the exclusion of the interest
on the Bonds from federal income taxation.
5. Term. The term of this Lease shall be thirty (30) months commencing on
September 1, 2007 (the "Commencement Date") and shall terminate on December 31, 2009,
unless otherwise earlier tenninated in accordance with Paragraph 13.
6. Golf Manaeement and Food and Beveraee Aereements. The Landlord and
Tenant, contemporaneously with the execution of this Lease, have entered into the Golf
Management Agreement and the Food and Beverage Agreement, in which the Tenant agrees to
perform the services of the Golf Professional for the Golf Club and to operate the restaurant
located within the Gold Mountain Clubhouse. A breach of the Golf Management Agreement or
the Food and Beverage Agreement shall be deemed a breach of this Lease. The faithful
performance of the terms of said agreements are part of the consideration for entering into this
Lease.
7. Rent. Tenant shall be obligated to pay the following rent for the Premises:
A. Fixed Fee. Base rent of thirty-three thousand dollars ($33,000) per year
payable $4,750 on January 1, $11,750 on April 1, $11,750 on July 1, and $4,750 on October 1 of
each year during the term of this lease.
B. Percentaee Fee. In addition, the Tenant shall pay as additional rent, six
:percent (6%) of the gross revenue from the Golf Club golf cart rental and eight percent (8%) of
the gross revenues from driving range fees. These amounts shall be paid quarterly for the
preceding quarter, payable on April 15, July 15, October 15 and January 15. Tenant shall
provide a quarterly accounting to the Landlord of all "gross revenues" at the same time it makes
the quarterly payment. The Landlord reserves the right to inspect the financial statements and
records of the Tenant at any reasonable time and may require accounting to be performed in
accordance with Landlord audit standards.
C. Cart Pad. In addition to the Fixed Fee and the Percentage Fee, Tenant
shall pay $3,444 per year for the Cart Pad in quarterly payments of $861.00 on January 1, April
1, July 1, and October 1 of each year during the term of this lease.
D. Receiptine and Depositine. All revenue collected from transactions
generated from the driving range and Pro Shop must be processed through the City's Point of
Sale System and deposited as provided in Section 10 of the Golf Management Agreement.
E. Credit Card Costs and Fees. Contractor shall be responsible for all
credit card costs and related fees incurred for Contractor's business pursuant to this Lease.
8. Taxes. The Tenant shall be responsible for the timely payment of all taxes
associated with the businesses operated under the terms of this Lease. In addition, the Tenant
shall pay all leasehold taxes imposed upon the Landlord and/or the Tenant as a result of this
Lease.
Page 3 of8
Gold Mountain Lease
9. Utilities. The Landlord agrees to provide and pay all charges for electricity,
water, sewer, gas/propane, garbage, telephone, and for all other public utilities used in the
Premises. The Landlord shall not be responsible for failure of provision of these services unless
said failure is due to nonpayment for services. Tenant shall pay for their proportionate share of
the Internet charge. Each party shall pay internet and web page costs and expenses related to
their duties and responsibilities under this Agreement, unless otherwise agreed.
10. Sublet. Tenant shall not assign this Lease or sublet the whole or any portion of
the Premises without first obtaining Landlord's written consent. Landlord may withhold its
consent for any reason. Provided, however, the Tenant may transfer the Lease to a wholly
owned corporation or limited liability company for tax purposes or third party liability purposes.
However, the Tenant shall remain personally liable to Landlord for the faithful performance of
all Lease terms. If consent is once given by Landlord to the assignment of the Lease, or any
interest therein, Landlord shall not be barred from afterward refusing to consent to any further
assignment.
11. Repairs and Maintenance. The Premises have been inspected and are accepted
by Tenant in their present condition, and Tenant will at all times keep the Premises neat, clean
and in a sanitary condition. Landlord shall maintain at its sole expense the building, including
but not limited to, the roof, foundations, exterior walls, structural members, gutters, downspouts,
concealed and underground plumbing and utilities of the Premises in good condition and repair,
except that Tenant shall be responsible for repair of any damage resulting from the negligence of
Tenant, Landlord shall not be required to redecorate the Premises at any time. Tenant shall be
responsible to maintain at its sole expense all the furniture, fixtures and equipment and provide
general maintenance as set forth in the Golf Management Agreement and the Food and Beverage
Agreement. Tenant agrees that at the expiration of this Lease, Tenant will quit and surrender the
Premises in a neat and clean condition, and will deliver all keys belonging to the Premises to
Landlord. The Contractor shall maintain the counter/kiosk area at the Driving Range. City shall
provide landscaping services for the Driving Range field.
12. Default. In case of violation of this Lease by Tenant, the Landlord shall notify
Tenant in writing of such violation. The Tenant shall cure any default that imposes an
immediate threat to the public health, safety or welfare within 24 hours. Any default in the
payment of monies due under any provision of this Lease shall be cured within 10 days. All
other violations shall be cured within thirty (30) days following the delivery of said notice. In
the event of the failure of the Tenant to remedy any default or violation of the covenants,
agreements, or conditions herein contained within the period of time specified in the notice, this
Lease and all rights of Tenant hereunder shall be terminated and the Landlord shall have the right
to enter upon the Premises and re-take possession thereof. Continued violations for same or
similar reasons may be grounds for immediate termination if a subsequent violation occurs after
the Landlord gives notice that it intends to terminate upon the further occurrence of similar
violations.
13. Termination. This Lease shall terminate on December 31, 2009. This Lease can
be earlier terminated for good cause. Good cause shall mean any of the following; 1) failure to
timely cure a default after notice as provided in paragraph l2 above, 2) termination or expiration
of the Golf Management Agreement or the Food and Beverage Agreement, 3) lack of sufficient
Page 4 of8
Gold Mountain Lease
insurance proceeds to rebuild or repair the facility after damage or destruction; 4) insolvency of
the Tenant, or the appointment of a receiver to administer its financial affairs, or 5) any reason
specified elsewhere in this Lease, or the attachments hereto, that is designated as grounds for
termination. Upon the termination of the Lease, the Tenant shall vacate the Premises, and the
Landlord may immediately reenter and take possession of the Premises without the necessity of a
court order to do so.
14; Accidents and Indemnity. Tenant agrees to defend, indemnify and hold
Landlord harmless from all loss, damage, liability or expense resulting from any injury to any
person or any loss of or damage to any property caused by or resulting from any act or omission
of Tenant or any officer, agent, employee, guest, invitee or visitor of Tenant in or about the
Premises, but the foregoing provision shall not be construed to make Tenant responsible for
injuries to third parties caused by the sole negligence of Landlord or any officer, agent,
employee, guest, invitee or visitor of Landlord. Landlord shall not be liable for any loss or
damage to person or property sustained by Tenant, or other persons, which may be caused by
theft or by any act of neglect of any tenant or occupant of the building, or of any other person, or
by any other cause, unless Landlord is judicially found solely negligent for such damage or
injury. Tenant further agrees to procure, at no expense to the Landlord, industrial insurance for
all employees of Tenant.
15. Liens. Tenant shall keep the Premises and the Golf Club free from any liens
arising out ?f any work performed, materials furnished or obligations incurred by Tenant.
16. Access. Tenant will allow Landlord or Landlord's agent free access at all
reasonable times to the Premises for the purpose of inspection, or of making repairs, additions or
alterations to the Premises or any property owned by or under the control of Landlord, but this
right shall not be construed as an agreement on the part of Landlord to make any repairs other
than those repairs for which Landlord is responsible pursuant to the terms hereof. Landlord shall
have the right to show the interior of the Premises to interested parties for thirty (30) days prior
to the expiration of this Lease. By mutual agreement of the Director of Parks and Recreation, or
his or her designee, (hereinafter "Director") and Tenant, portions of the Clubhouse may be
provided on a non-interference basis with no room charges assessed when conducting Landlord's
business. Room set-up is the responsibility of the Landlord.
17. Fire Insurance. Hazards.
A. No use shall be made or permitted to be made of the Premises, nor acts
done, which will increase the existing rate of insurance upon the Clubhouse or cause the
cancellation of any insurance policy covering the Clubhouse, or any part thereof, nor shall
Tenant sell or permit to be kept, used or sold, in or about the Premises, any article which may be
prohibited by the standard form of fire insurance policies. Tenant shall, at its sole cost and
expense, comply with any and all requirements, pertaining to the Premises and resulting from
Tenant's business activities, of any insurance organization or company necessary for the
maintenance of reasonable fire and public liability insurance covering the Premises, Clubhouse
and appurtt;::nances. In the event that Tenant fails or refuses to comply with any and all such
requirements then Landlord may, at its option, assess the Tenant any increases in such fire and
public liability insurance premiums caused as a result thereof and the Tenant shall pay the same
Page 5 of8
Gold Mountain Lease
upon demand as additional rent or Landlord may declare the Tenant to be in default under the
terms of this Lease.
B. Landlord hereby releases Tenant of and from every and all right, claim
and demand the Landlord may hereafter have against Tenant or Tenant's successors or assigns
arising out of or in connection with any property loss or losses occasioned by fire and such items
as are included under the normal extended coverage clause of fire insurance policies and to the
extent of the policy limits, and does hereby waive all rights of subrogation in favor of insurance
carriers against the Tenant arising out of any lawsuit occasioned by fire and such items as are
included under the normal extended coverage clause of fire insurance policies and sustained by
Landlord in or around the Premises. Tenant hereby releases Landlord from any and every right,
claim and demand that Tenant may hereinafter have against Landlord or Landlord's successors
or assigns arising out of or in connection with any lawsuit occasioned by fire and such items as
are included under the normal extended coverage clause of fire insurance policies, and does
hereby waive all rights of subrogation in favor of insurance carriers against Landlord arising out
of any loss occasioned by fire and such items as are included under the normal extended
coverage clause of fire insurance policies and sustained by Tenant to the trade fixtures,
equipment and merchandise on the Premises. The waiver provided for in this paragraph shall be
applicable and effective only in the event such waivers are attainable from the insurance carriers
concerned.
18. Liability Insurance. Tenant, at its own expense, shall provide and keep in force
with companies acceptable to Landlord, comprehensive public liability, including products
liability insurance for the benefit of Landlord and Tenant jointly against liability for bodily injury
and property damage in the amount of not less than one million dollars ($1,000,000.00). Tenant
shall furnish Landlord with a certificate of such policy, including an additional insured
endorsement acceptable to Landlord's Risk Manager, within thirty ten (WlQ) days of the
commencement date of this Lease and thereafter shall satisfy Landlord that such policy is in full
force and effect. Such policy shall name Landlord as an additional insured and shall be primary
and noncontributing with any insurance carried. by Landlord. The policy shall further provide
that it shall not be canceled or altered without twenty (20) days prior written notice to Landlord.
This requirement can be met by jointly purchasing (i.e. SO/50) a comprehensive golf insurance
package with the Greens Superintendent.
19. Dama2e or Destruction. In the event the Premises, other than the Clubhouse are
damaged to such an extent as to render the same unusable in whole or in substantial part, or are
destroyed, Tenant shall give Landlord or Landlord's agent immediate written notice thereof, and
it shall be optional with Landlord to repair or rebuild the same. Landlord shall have not more
than ninety (90) days after date of such notification to notify Tenant in writing of Landlord's
intention to repair or rebuild the Premises, or the part so damaged and, if Landlord elects to
repair or rebuild Premises, Landlord shall prosecute the work of such repairing or rebuilding
without unnecessary delay, and during such period the rent of the Premises shall be abated in the
same ratio that that portion of the Premises rendered for the time being unfit for occupancy shall
bear to the whole of the Premises. If Landlord shall fail to give the notice aforesaid, Tenant shall
have the right to declare this Lease terminated by written notice served upon Landlord or
Landlord's agent. In the event that there is not sufficient insurance to pay for the repair or
rebuilding of any damaged structure, then the Landlord, in its sole discretion, may terminate this
Lease. Provided, however, prior to terminating the Lease for this reason, the Landlord shall
Page 6 of8
Gold Mountain Lease
discuss with the Tenant other ways to provide for the funding shortfall, but such will not prohibit
the Landlord from terminating the lease.
In the event the Clubhouse is damaged (even though the Premises shall not be damaged thereby)
to such an extent that in the reasonable opinion of Landlord it shall not be practicable to repair or
rebuild, or its destroyed, then it shall be optional with Landlord to terminate this Lease by written
notice served on Tenant within thirty (30) days after such damage or destruction.
20. Notices. All notices under this Lease shall be in writing and delivered in person
or sent by registered or certified mail to Landlord in care of Bremerton City Clerkthe Director,
345 6th Street, Suite 600, Bremerton, Washington 98337, and to Tenant at P.O. Box 197,
Bremerton, Washington 98312, effective as of postmark time and date, or to such other place as
may hereafter be designated by either party in writing.
21. Alterations. Tenant shall not make any alterations, additions or improvements in
the Premises without first obtaining the consent of Landlord in writing, which consent can be
withheld at Landlord's sole discretion. All alterations, additions and improvements, shall be at
the sole cost and expense of Tenant, and shall remain in and be surrendered with the Premises as
a part thereof at the termination of this Lease. If Tenant shall perform work with the consent of
Landlord, as provided above, Tenant agrees to comply with all laws, ordinances, rules and
regulations of the City of Bremerton and any other authorized public authority. Tenant further
agrees that workmanship will be of a reasonable commercial quality, in color schemes in
accordance with current building standards and free of mechanics liens. Tenant further agrees to
save Landlord free and harmless from damage, loss or expense arising out of such work.
22. Costs and Attornev Fees. If, by reason of any default or breach on the part of
either party in the performance of any of the provisions of this Lease, a legal action is instituted,
the losing party agrees to pay all reasonable costs and attorney fees in connection therewith. It is
agreed that the venue of any legal action brought under the terms of shall be in Kitsap County.
23. Amendments. This Lease may be amended at any time only by written
agreement signed by the parties.
24. Insolvencv. In the event that the Tenant shall become insolvent or go into
bankruptcy, this Lease may be canceled at the option of the Landlord without notice, and the
Landlord may take immediate possession of the Premises and the whole thereof and the same
shall not become an asset in bankruptcy.
25. Nondiscrimination. Tenant shall not discriminate in employment or services to
the public on the basis of sex, race, color, creed, national origin, age, marital status, physical,
mental or sensory handicap except an employment action based 0 a bona fide occupational
qualification.
26. Waiver. Failure to insist upon strict compliance with any terms, covenants or
conditions of this agreement shall not be deemed a waiver of such, nor shall any waiver or
relinquishment of such right or power at any time be taken to be a waiver of any other breach.
Page70f8
Gold Mountain Lease
27. Bindine: Effect. This Lease shall be binding upon the heirs, successors, assigns
and all other parties legally empowered with signatory rights of any or all of the parties hereto.
28. Invalidity of Provisions. Should any term, provision, condition or other portion
of this lease be held to be inoperative, invalid or void, the same shall not affect any other term,
provision, condition or other portion of this Lease and the remainder of this Lease shall be
effective as if such term; provision, condition or portion had not been contained herein.
29. Previous Ae:reements Superseded. The terms and conditions of this Lease
supersede the terms, obligations and conditions of any existing or prior agreement between the
parties regarding the subject matter of this Lease. This lease replaces in its entirety any prior
agreements including prior leases and any amendments and extensions thereto.
30. Entire Ae:reement. This Lease, including the exhibits and statutes referenced
herein contain the entire agreement between the Parties and are the embodiment of all written or
oral representations between the parties hereto.
LANDLORD:
CITY OF BREMERTON
TENANT:
CARY BOZEMAN, Mayor
By: SCOTT ALEXANDER
Its:
DATE:
DATE:
ATTEST:
By: DARYL MATHENY
Its:
DATE:
PAULA JOHNSTON, City Clerk
APPROVED AS TO FORM:
ROGER A. LUBOVICH, City Attorney
R:\Legal\Legal\Files\Current Active Files\Gold Mountain\Lease Agreement - 8-23-07.doc
Page80f8
Gold Mountain Lease
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EXHIBIT "A"
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AND 3' BOTTOM WIDTH
PAGE 01/ 01
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