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HomeMy WebLinkAbout09/05/2007 AGENDA /-------;-- 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 " :'\ ~\ '( \ \ .WK' T 'Kit~a,p,Fa~Uy 'Y'M"C"A' '.,. - .' - t. ;, .",~ .- , .' ". '.. I "i7re; f/l,miIY'BWI,yon8, can .1i6 ~,.paff;'qf'; 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. ~ ':-" ~11"'" w. *~:.:.. ~." -- _, ~~__ ..... ;____ l "~.. r t1 - ~..~_'r .' ,,~ 1 JL.J. 1'.< .~, ',' , ' I .~ .,~ 'I - ".' ]ld~"I"1 ::. \! 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. ~- L /':'\ :.";-0'11 ..., r. I.. i ~ "''i.1:~''^;1j ,~~, l~. "'''''1''0' '~If'''' , "\t~',~ -~ i~: ~~ '. ~ .(,(,,: ;."~- ---~:.. ~J_ l';' ~'~::{:~":&- ~" " ,. . .~/ 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: ---"") I"":> \ '- C-. 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 I~-~= I I J-, I ! I I I r i L. {-- I I --j--- i I I _......J........ 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 , .-. , , :Q.. x cc u.. f- W ..., G: W (J) cc ...J a.. J: E a.. .-. N .. en t"- o o N V .-. ~ ::J CC 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 MAR Mar. 1 Mar.l()"14 Mar. 27-28 Mar. 3I-April 4 Fl"i APR. April14-May 2 2 April 15--18 !~U'~~~!plii t,~\f:~~l~.. ,';1 l"fAY May 23 16 May 26 JUN. Jun. 20 J Ull. 23 ____ l\UgllSt MOll Tile 'Wed Thu Fri I 1 :2 3 ----r---I---.--.t----- .---- 6 7 I 8 9 10 -- 1~- T--;4~- ~-6----1-~;--- ---- -------------~-~- 20 21 I 22 I 23 I 24 LID 12:. ~~# f;:r~~--..-:_rL.-~ L:::"::.", tl~ .~i~l_______ ~____ Scptclnher rrOf1, Tue , 'Ved . Thu , Fri . --1---.1-- '- 4 I 5 , 6 ~ 7 8.0 _+......:1.1:......,1 .~~_1__13....~ "'"7~" '"!~~~t" i<. 17 , 18 19 20 IM?....~ 2-4 T'25 26 ~7 ~ f..lOll Tue ~ .2 LID. 9 1'-~'-1-'~6 17 i 22 23 24 25 G 30 ~~1 Fri 26 N ovelnber Mon Tue Wed Thu 6 13 20 s 19 26 27 Decelnher Wed Thu Fri Mon Tue l_1 f~~ ~.~ 10 I 11 ~ 6 Januarv [?\f o~;. Tue '~~i-;-;-'B 1--'=2 I 3 r A i l,_. "".,'" ,.,_. - ,~--~...J~~--"-r--,,~!.-p~.4 I (' ! 8 i 9 I 10 i 11 i . . '-- 1-.----....---1 1'-'~.-;--i-----.I-;-T--;6 -- j' 17 t. ..'j}{'. . '-' t .. .....- -..-- ... . .--;;--:--;;"1 -";4 I 25 - ._.~.c......J..._._.._.~_.....__.j ! 28 i--;-;)'" ! 30 i ;11 r I I_...........__L....... ..,.._.. ......._._.__....."___........._. ....1.___........... ~-~-+ BRE\lrRTO\ SCIIOOL DISTHICT i.ittl! 2007 - 2008 SCHOOL CA LENDAR :;:---:w 1~!.'dlJ('8CLg~li wjJJ bf,. 2b.D.9_.W.l1LtJ-dJ'ly reJ<lIl8e~ . AUG. .'lug. 27 Leaming Improvement Da.y 1\.\lg. 28 Non-8Ltdcnt Day ('u;'pl'lo"",.<oJ) llUg. 29 Non-Student Day ('"ppl~"'""'t<l) Aug. 30 Fint Day of School SEP. Sap. 3 Sep. 21 Labor Day Non,"tudent Day ('''FP1.tnOnW) -- Learning Imprcvement Day Parent Con!erenceu (..... wI""') ocr. Oct. 8 Oct. 18-19 fo-.-.. NOV. Noy. 9 Nov. 12 NoY. ;:2-23 Non-Student Day t".lppl.~lI.l) Veterans' Day Thanksgiving Break DEe. Dee .'3 Dec. 17..Jan. I NOI1-Stuctent Day ('"Pp!~mo"l1I) Wi.nt,,! Br~l<l,k 5 JAN. Jan. 1 Jan. 18 Jan. 21 ---.------- FEB. Feb. 4 f!lb. 18 New Years Day Non-Student Day ("'l'pl."""'l&J) Martin Luth,,,! King Jr. Day -.--- Non-Student Day ('''PP\~m''''tol) Presidents' Day Non-5tudenl Day (""1'PI.""""<>.1) Weel<: 1, 10th Grade WASL Pare1'll Conferences (_booJ_) Spring Break Grad.l~S 3-8 WASL Week 2. lOth Grade WASL Non-Student Day V"PP1.".."ral) Memorial Day Last Day of School Snow Make-Up Day ---------------------------~ I PARENT CO:-iFEkENCES I : <Evening cOllfclcnces to be determined b)' building) I ----------------------______1 Ei'iD (W REPORTI1'<C l'ERIODS Elf' m pn.tillY 1. ['><:c. J 2. ~lit. 1 4 .1. JlltlC 2lJ ~\:.~[i.J.illn: L ('XL,3 ... ()e.:. 3 3. 1"'<'0. 1 ,-..mc'ler) 4. M.r>::h \4 ~, May 9 6, lu.r~ 10 (M::me.H.:,r) L_-=----_=:.==== i~E(;f~ND------....--l I Lm [(] r1 L.J Hulid.:iy/l"l(l Sch,.:....)] L..l.~.'lnling hnp(c'\'t:m.:.>nt D::!j' Parent CO[lrrn..n(~:; D<!y In<Jn-s:tl~dr:o! day) N,,'n<;'ll(knt D~\y b\lppkrrll"flt.al) ~:nG\"" Snow r>'latc-f.Jp D~j', if rH;ccs~ary A F:t~t/l-iJ:;j [).'4:. (I( scl\('.ol, Larly Rd('_.l~t' U:l)' HI";~1<.: ~\h'(:ont2 D:IU..':S EXHIBIT A Februar~ Tue Wed 11m Fr~ '1 i ~- ~~~-~- 21 22 - ---...-. ,------ .28 ~..._ 5 6 13 , 19_ 20 26 2.7 MOD 1\,1 arch Tue 'v cd 11m Ed MOll 7 14 21 28 29 30 1\1 a Mon Tue Wed TIm Fri 1 2 5 6 7 8 12 13 14 IS 20 21 22 27 28 29 30 June MOD Tue Wed Thu Frl I ! 2 3 4 5 6 ..- 9 10 11 12 13 16 I 18 j. 17 19 ~~. 24 25 2~ ~L__...l._______ .July GIon Tue 'Vcd Thu Fr-i ~-=4 ~--.1 2 I 3 .~ 17 i 8 ! 9 10 J 11 r..---...t--.-.t~.---- .---- ! 14 i 15 I 16 1 17 I 18 r.":~~-r;;;j--;J~~--T 25'- t--..-:~-1"---""" --..- .-----+---. L __~..~....L_~......._.:3~_1..31 _L...__.. NFl''!<\f."n.- :i'i770"i 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 ? Print Parcel Search Map Page 1 of I Kitsap County Parcel Search Legend 5TH ST Parcels Road Names Greater Puget Sound Hydro Military lU >' <s: Ii: lU I- ~.. ; 4THST . i 1l,tSJ The. A d- WlDr lLe '" f.>ld~) . ~ 10 l. ~ -e,l.ln\l e~ll 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 \ I .I I--"\. I 1.'.J ~ 1 \..) 1> 1 V II 1 I 1 ~ I J. 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% '. . 'm.......;.,.= 1'1 Iii ... ;, ',' ..... H ,: 4,! , r ! ~1~+yiji~~::.~f3f:.~i "".,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 Exhibit A t..E1TeRIN6 A> ~_/-/- -f{tLb SlEa 'SEJ ,/ o Vgn- 0c.J\S5 CO~ 6tA55 '_/---'---~<!-HEO ~T1"EPS J"-n Ie - ~ 1 U //'i///////////////// / n _ ~__ ~ ~ _~ ~_~~__ __ ~_ __~~_~________ __ ______ - C:j2..o>5 $E(!.TlO#{- l2A l~ev fjo.-ffi OF- 'BM7S GO~-O fJUfSS BTaHeo 'MAtt6 CtJw(LeD e:ratteo H~{)At-1 tJ tJ ~311 PP-tN^~Y <J)~6R OF (;r t..Ie5 ltJ PGA-r,NU.1A S-tt...V~ M~c... 'LaEJ2.lJJtj seea;M~1 6Ulss tA'1ca2- , lJ "5 {ZAS5 ?P-t MPtP-'{ ~eo 0UtS5 LA'1efl (tJ S(L-VeR s, 5fe-e:l- f;Ej:EL fV\o(4) r ..... .'. .... J ..i~~;~!:"t~Y!f;;;~~~~'~~~I~"\\ _ __ '" _,'-,-.------ c..t-EA-r 'SE'HIN 0,)1": --~ ! : / /1 . ! ~ ." -;) Lf3 (/ dli65 IN~TS IN ""[el ge~ -:",,..,:- - .- - II 03 ~ L..c4-S NlAT$ L~) t:xnlbit A ' " DE;t-E C /1>- "I fv\t'tlnrr -,----------.. ~---- - " , A, c;;n.-r..: ,/__- G~I ) 'tk" / . viA ~L ANGttlo..5 ) I eL,eAT5 ~) +-2'4 STEt:L C-l-eA-Ts &-) / / ~EifFl= I -- ' \...? vOe..~- ./ ' f~...C(5 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 Page 3 of20 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 Page 4 of20 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 Page 5 of20 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. Golf Management Agreement Page 6 of 20 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 Page 11 of20 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 Page 12 of20 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 Page 13 of20 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 I o I I L EXHIBIT "A" Golf Pro Shop new Gold Mountain Clubhouse - [!} MAIN LEVEL FL'OOR PLAN CLUaHOUSI! ----I -. no acale - I - 08/10!~007 15:21 93504735882 1..;1 """ ~, BREHERTOt,j PARVS PEeR INSTALL TRASH RACK I. E. ;; 311.26' W /1' DEEP MIN RIPRAP 175 LF SILT FENCE / SEE DETAIL, SH T .3 OF .3 180 LF B10-SWALE @ 3.0% W/J 1 SIDE SLOPES AND 3' BOTTOM WIDTH PAGE 01/ 01 EXfS T. BUfLDfNG TO BE REMOVfD BY OTHERS. OTTOM ELEV = 316. " "--.-. -- ' .1"" ,:' ~:::"'~OTTOM ELt ,,/',1 , .' t , 'y= 31597, '" /." ,'(K" UND[Rirft~',":' ~[R , FOR lVrw., , ..... . ....... .......,.,~... '.'oI,~/ '."':--.- ' ..... ............. .J.'~" < -.......... ... , ........" .......:-"~ (,~ ..........,....... " , ""- 1 rOfJ' ~:,;{, ,"'- , ,". /,., - .' ",...~;'" .~ '" '," .' "" ,"""- "... -', ~'.. ... j .......... ...", ',' ~ " -- ~..- ,-- ~., ~- .. ~ LANDSCAPE (TYPICAL) ~ ~ ~ U5 7,;:3 36 VA (LIJs ~ ~ HYDROSEED [ EXHIBIT B "~iri::, ~, ,,' {~;k ",."". ~, ~. ~ 15: 21 BREHEFTCiH F'AFf(S PEep INSTALL ----------- TR A $H RACK IE ;;;: 311.26' Wi" OEEP MIN RIPRAP 175 LF SILT FENCE /~ SEE DETAil, SHT ,3 OF ~) I 180 LF BIC- SWALE ~ @ 3.0% WI} 1 SIDE SLOPES AND 3' BOTTOM WIDTH PAI3E OUEl1 [XIS T. BUILDING TO BE REMOvED By OTHERS. OTTOM ELEV = 316. LANDSCAPE (TYPICAL) I I .- / . . / ._.~<<>< '. '. ~., rJ[! ...... ":.::.: 4UL i: ~ ~ ~ ,0 Vj J.?9' j '"'1 ,..,..: 30 Vii (LI) S ,~ ~ '~ ------... ~~ HYDROSEEO [ EXHIBIT B-2