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HomeMy WebLinkAbout07/30/2008 AGENDA FILE CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337-1873 0 (360) 473-5280 JULY 30, 2008 CITY COUNCIL MEETING AGENDA 1. BRIEFING: 5:00 - 5:30 P.M. in COUNCIL CONFERENCE ROOM 603 A. . "General Council Business 2. CALL TO ORDER: 5:30 P.M. in FIRST FLOOR CHAMBERS A . Pledge of Allegiance B. Invocation 3. MAYOR'S RE~ORT , .'" Welcome Delegation from City of Sovetskaya Gavan, of the Khabarovsk Krai region of Russia 4. AN~OU,NCEMENTS & PY~~.I.C~E~OGNITION 5. CONSENTAGENDA A' Claims &' Check Register (#AB08-169) B. Minutes of Meeting - July 16, 2008 (#AB08-170) C. Minutes of Study Session - July 23, 2008 (#AB08-171) D. Professional Services Agreement with PARAMETRIX for the Stormwater Management Plan Update (#AB08-172) E. Professional Services Agreement between the City of Bremerton and the Law Offices of Donald W. Heyrich PLLC for Chief Labor Negotiator/Labor Consultant (#AB08-173) 6. c;ENERAL BUSIN.I:S~"" There are no General Business items tonight... 7. PUBLIC HEARING.S A. ordinance No. 5053, approving annexation of the territory within the South Kitsap Industrial Area known as "SKIA North", establishing interim zoning control of industrial zoning, and assigning a City Council District for the annexed territory (#AB08-174) 8. COUNCIL.MEMBER REPORTS 9. ADJOURNMENT .OF CITY COUNCIL BUSINESS MEETING , - .~. I Americans with Disabilities Act (ADA) accommodations provided upon request. Those requiring special accommodations should contact the City Clerk's Office at (360) 473-5323 by noon on the Monday preceding the Council meeting. i~~~Z~~~ ,'.( _""_ 4_ \. 'i\ ....-'j>}~" - ]~ . ~\ f..tX:~1U;a .-'~ ''%" ':;!J~~~r,1 "~~~)j!~~~i):0"'(} U. 1, ' ,~ "j'IOJjl.i.li~ln J tIT' FROM THE M1ERICr\N PEOPLE RUSSIAN AMERICAN f':"'hlmJf (:l ~~'l""'lcl!i'Jt' U.S.-Russian Far East Municipal Partnership Program City Partnerships - Alaska, Washington, Russia About the U.S.-Russian Far East Municipal Partnership Progmm: The Foundation for Russian American Economic Cooperation (Seattle, WA) along with its partners, the Institute for Urban Economics (Moscow, Russia) and the Far East Center for Social Innovation (Khabarovsk, Russia), are implementing the U.S.-Russian Far East Municipal Partnership Program to transform local self-govern~nce in the Russian Far East into a viable component of open and participatory society. Recognizing the power of local self-governance to be an engine of economic growth, the Russian government has adopted a number of federal laws, most recently and significantly Federal Law NQ 131- FZ, On the General Principles of Local Self-Government Organization in the Russian Federation. This law delineates the areas of responsibility between local and regional governments and creates a legal foundation for reforming the work of local self-governance bodies. These reforms will have a signiticant impact on Russia's continued economic development and integration into the global economy. ~'hile integral to the success of the reform efforts, Law 131's implementation presents real and present challenges to municipalities and local self-government bodies. For the most part, these fledgling municipalities lack the knowledge and experience necessary to address their new responsibilities. Citizens are not aware of their rights or opportunities to participate in local decision making, and changes in local government laws have resulted in the establishment of hundreds of new cities and local selt:governance bodies that are developing their governance structures from the ground up. These rapid and dramatic changes at the local level in Russia have created a significant demand for technical assistance and expertise, including the sharing of international best practices in municipal governance. The U.S.-Russian Far East Municipal Partnership Program (1\'fPp), funded by USAID, is actively responding to this demand for international expertise by engaging US municipalities in a broad spectrum of technical assistance activities, including bi-Iateral exchange programs, training opportunities and joint municipal partnership projects between cities in the states of Washington and Alaska and the Russian Far East (RFE). Ultimately, it is envisioned that the MPP program will foster effective social and economic development strategies at the local level in Russia, and improve and institutionalize public administration skills among a growing cadre of current and future government administrators in the RFE. City-to-City Partnerships - Alaska, Washington, Russia Alaskan and Washington cities have a long history of partnership with cities in the Russian Far East through sister-city programs and other funded municipal partnership initiatives. The Municipal Partnership Program st~eks to build lasting, mutually beneficial city-to-city partnerships bero/een municipalities in the Russian Far East and the Cnited States that will bring new technologies and best management practices to transform local self-governance in the RFE. Each city-to-city partnership developed through the Municipal Partnership Program will include the following program elements: . Delegation Exchanges: Six Russian partlclpants, including local government officials, community and! or business leaders, and a Russian project consultant, will travel to the U.S. municipality to learn about the priority area identified by the partners. In return, two U.S. representatives with the most relevant experience will travel to the Russian municipality. . Good Governance Projects: Each partnership will have the opportunity to implement a socio- economic development project. During their initial excpange, project partners will sign a Memorandum of Understanding (MOll) outlining the nature of their joint project, and how they intend to adapt the best practices acquired in the U.S. to Russian conditions. Examples of the types of projects that might be developed include administrative reform efforts, such as the creation of internal performance measurements, use of technology to increase public participation in local decision-making, inner-city economic development projects, and others. . Disseminating Best Practices in Municipal Partnerships: The experiences and best practices developed will be disseminated broadly in the RFE and the states of Alaska and Washington. It is envisioned that these partnership activities will take place over a 30 month period, with initial program development beginning in March 2008 and final program completion taking place in September 2010. US municipalities will be asked to host a 6-person delegation from their Russian partner city in summer 2008, and conduct a return visit to Russia by two U.S. representatives in 2009. US partners are expected to provide administrative and consultative support towards the development of their good governance projects throughout the duration of the program. Partnership Guidelines for Washington and Alaskan Cities Delegation Exchanges FRAEC will provide both US and Russian municipalities with financial and organizational support for delegation exchanges. In particular, FRAEC will provide participating municipalities with travel grants in the amount of $5,500 per participant to cover the following costs associated with the travel of their delegates: . Round- trip international and domestic airfare tol from Russia and the US municipality for all exchange participants. . American and Russian visas. . Hotel accommodations for American and Russian delegations. . Health insurance during duration of exchange visits. . Per diem for meals and incidental expenses. Gties that are considering participation in the Municipal Partnership Program are asked to provide the following in- kind support for visiting delegations: . Local ground transportation (i.e. van or minibus). . Meeting space for seminars & professional meetings. . Informational materials for site visits & professional meetings. . Cultural events, special meals, official presentations & gifts. 2 Good Governance Projects In addition to these travel grants, FRAEC \\111 provide each city-to-city partnership with a grant in the amount of $12,000 USD to support the development of their good governance projects. \x;'hile the primary responsibility for developing project proposals \\Till fall on the Russian partner, US municipalities need to provide their partner with administrative and consultative support as needed. In particular, US partners are asked to provide an official letter of intent from their city administration to support project development, and contact information for their main project managers and consultants. Once their project is approved, participating municipalities are expected to provide additional in-kind administrative support as needed to ensure successful project implementation and completion. FRAEC and its partners \\111 support the US and Russian municipalities in the development and implementation of their projects. Implementing organizations: The U.S. - Russian Far East Municipal Partnership Program is administered by a consortium of American and Russian organizations with extensive experience in project implementation and local governance development in Russia. Foundation for Russian American Economic Cooperation (FRAEC) The mission of the Foundation for Russian American Economic Cooperation (FRAEC), a nonprofit organization, is to further economic and community ties with Russia while maintaining a unique focus on the Russian Far East. Founded in 1989, FRAEC serves as a hub through which grassroots organizations, the private sector, regional officials and federal decision makers are interconnected. FRAEC's headquarters is located in Seattle, Washington. To accomplish its mission, FRAEC works closely with its branch office on Sakhalin Island in the Russian Far East. For more information, visit our web site at \VWW.fraec.org. The Institute for Urban Economics (IUE) IUE is a non-governmental and non-profit organization. Main goals of the IUE are identification and analysis of social and economic problems faced by cities and regions, and promotion of solutions to these problems. The IUE was established in 1995 in Moscow. As one of the leading Russian think tanks the IU~ generates new solutions in the area of municipal development, participates in lawmaking at the federal level, provides independent assessment of a situation, and initiates public debates on most critical issues of national development. The IUE focuses on integrated investigation of processes underway in some Russian cities and nationwide. The Far East Center of Social Innovation (FECSI) The non-commercial partnership The Far East Center of Social Innovation (FECS!) was established in 2003 in order to develop activ--ities focused on working with local and municipal government in the city of Khabarovsk and Khabarovsk Krai. The organization's mission is to facilitate social development of the Far East Region of Russia and promote democratic culture, rule of law, and humanity of social relationships. FECSI achieves its mission through the objectives of focusing its activities on the establishment of local self-governance systems in the RFE and to engage citizens into local self- governance activities. FECSI prov--ides a number of services to RFE municipalities, including education, project development, consulting, document rev--iew, and research 3 About Russia and the City of Sovetskaya Gavan: Spanning a vast area from Europe to the Far East and from the Arctic to Central Asia, Russia is among the world's richest repositories of energy and other natural resources. As a U.S. strategic partner on issues ranging from disarmament and anti-terrorism to space cooperation and oil/gas exploration, Russia's successful transition to a democratic society and market economy is key to continued stability and development in the Eurasia region. USAID-sponsored programs such as the U.S.-Russian Far East Municipal Partnership Program continue to provide financial and technical assistance to promote local self-governance, economic growth, strengthen democratic institutions, and address social issues in Russia. Named for its vast distance East from European Russia, the Russian Far East (RFE) lies on Russia's Pacific Coast but is actually the "near Russia" for the western U.S. 'with most of the RFE territories physically closer to the United States than to Europe. Once a remote point of exile, the RFE regions are now emerging at the center of modern Russia's economic growth strategies. The RFE is rich in natural resources with oil and gas and mineral deposits including gold, silver, platinum and more diamonds than South Africa. The RFE holds roughly one third the total timber stands in Russia or better than 15 percent of the world's resource. The district also boasts tremendous human intellectual wealth with major universities, industrial and technological capacities and medical and scientific facilities. Sovetskaya Gavan (SovGavan) is a port town in Khabarovsk Krai (Region), eastern Russia. The current population of Sovetskaya Gavan is 30,480 (2002 census). The Sovetskaya Gavan district occupies 5,900 square miles of the eastern part of the Khabarovsk Krai, which is predominantly mountainous and covered with coniferous forests. Sovetskaya Gavan is an important regional transportation hub providing access to both the Baikal- Amur and Trans-Siberian railroads. The Sovetskaya Gavan gulf is free of ice from late March until January and partly serves as a naval base. Machine building, fishery, timber production and wood processing are the major industries in the district (Source: USAID, Wikipedia, and GPO's Permanent Public Access) c5}b. ""$,. Priority Issues for Sovetskaya Gavan: City officials and administrators in the City of Sovetskaya Gavan have identified the following priority issues for consideration under the Municipal Partnership Program: 1. Engaging Citizens in Local Self-Governance: Municipal leaders in Sovetskaya Gavan understand the vital importance of engaging the citizenry in .any local governance reform efforts. City officials are seeking assistance in developing effective citizen participation mechanisms for gathering public input on local deyelopment projects. It is hoped that participatory mechanisms such as public hearings, neighborhood development councils, and others will help build supportcfor local governance reforms, and unify the local residents around efforts to improve the quality of life in their community. 4 2. Developing Strategies for Local Economic Development: Local leaders in Sovetskaya Gavan recognizc the importancc of creating a solid economic foundation to support the implementation of thcir reform program. City officials are seeking assistance in developing an cffective economic development plan for implementation on the local territory. It is hoped that this plan \vill incorporate many of the best practices of their US partner for attracting investments and busincss development to the rCf,>1on. FRAEC and its partncrs look forward to working closely with US and Russian municipalities in dcveloping successful partnerships that will allow for the sharing of knowledge and experience between their communities for years to come. Through these joint efforts, the U.S. - Russian Far East Municipal Partnership Program will help to facilitate Russia's integration into the world economy, and create a solid foundation for the continued development of effective local self-governance in the Russian Far East. For more information on the U.S.-Russian Far East Municipal Partnership Program, please contact: Foundation for Russian American Economic Cooperation 2601 Fourth Avenue, Suite 310 Seattle, WA 98121 Tel: (206) 443-1935, Fax: (206) 443-0954, Website: www.fraec.org 5 .,~~? .~,~~~f ~ ~~-i:~ ,:.~i' ~ ";~~'! ,i;" r.~'~~:?~:~'~' . :~,f " "~iJ.'? )":f).~~~ ~_ '~I\..~.';'Y USAI;D FROM THt AMERICAN PEOPLE li)I"ldiHi,~"li,,' RUSSIAN AMERICAN f(ll,,.)/IIi.- c'!II''''''OIl(l11 U.S.-Russian Far East Municipal Partnership Program City Partnerships: Bremerton, WA - Sovetskaya Gavan, Khabarovsk Krai Sovetskaya Gavan (SovGavan) Summary The city of Sovetskaya Gavan ('Soviet Harbor') is located in Khabarovsk Krai (Region), Russia. Situated on the southeastern shore of a deep, narrow gulf of the Tatar Strait, the port has one of the best natural harbors of far-eastern Russia. Its principal economic activities include fishery and seafood production, timber production, wood processing, ship repair, and cargo processing. The city received a great impetus when it became the terminus of a railway from Komsomolsk-on-Amur. Further growth followed the completion in 1980 of the SAM (Baikal-Amur Magistral) railroad because of Sovetskaya Gavan's location near its Pacific terminus. Population: 30,480 (2002 Census). Seaport in Sovetskaya Gavan History Sovetskaya Gavan Is located on the bay that was discovered on May 23, 1853 by Lt. Nikolay Boshnyak in Russian-American Company ship "Nikolay", and named Hadji Bay. On August 4, 1853, Capt. Gennady Nevelskoy founded there a military post named after Admiral Grand Duke Constantine, and renamed the bay to Emperor's Gavan ('Emperor's Harbour'), after the then reigning emperor Nicholas I. Nikolay Boshnyak was appointed the commander of the post, which became the first Russian settlement in the area, and the predecessor of today's Sovetskaya Gavan. The bay and the settlement were renamed to Sovetskaya Gavan ('Soviet Harbor') in 1922. Sovetskaya Gavan became a town in 1941. The area has been militarily significant both as a naval base and as forward defense against Japan. The gulf was an ideal invasion place for the Japanese who occupied parts of the Far East after the 1917 until 1922. For this reason, there are numerous old trenches, bunkers, and observation points built before the WWII dotted around Sovetskaya Gavan's coastline. After Vladivostok and Petropavlovsk-Kamchatsky, Sovetskaya Gavan is Russia's third-largest naval base of the Pacific Fleet. At its height in the 1950s and 1960s, it normally had 7-10 major surface combatants such as cruisers, destroyers, frigates, coastal patrol' ships, and submarines and their small support vessels harbored there. With the collapse of the Soviet Union, the military forces in the area have been significantly reduced. Commercial activity has now replaced the military focus in the region and the city has actively sought international connections. Major Industries and Enterprises · For decades, two ship repair plants, The First Ship Repair Plant (Former Yakor Plant) and Sovgavan Ship Repair Company (Former Plant Severny), were the most important industrial enterprises of the area and the largest employers in Sovetskaya Gavan. In the middle of the 1990s, ship-repair activities fell dramatically. Today, the profession of shipbuilder is no longer prestigious and both shipyards are experiencing a shortage of young qualified workers. · Sovetskaya Gavan has been counted among the largest timber and fish producers A view of Sovetskaya Gavan port of the region. Most of the timber products are exported to Asia. For years Japan, China and Korea have been the largest markets for local fir, larch and spruce. · Both the Tatar Strait and the Sea of Okhotsk are rich in fish and in such "hard currency generators" as crab, shrimp, and octopus. The fishing vessels of companies registered in Sovetskaya Gavan usually operate beyond the 12 mile coastal limit. Most of the output is exported. · One of the most sophisticated manufacturing operations In the region is the Talriku plant near Sovetskaya Gavan. The plant is a Russian-Japanese joint venture which produces kiln dried pine lumber. The product is shipped to Japan from the Port of Vanino. Raw material for the mill is sourced out from the Lake Baikal Region of Russia, and delivered to the mill by rail. Mill residual waste is used to generate power for both the mill operation, and. nearby villages. · SovGavan Port, a Russian-American joint venture, began with an investment by the Global Forestry Management Group in 1994 in the Sovgavan Port region with the idea of expanding its oPerations to include timber harvested from its own concession area. The joint venture now operates the port and exports logs to Japan and Korea on behalf of log producing companies. · VostokRybProm (Fishing Industrial Complex) is a state fishing operation which has a number of large vessels, including processing vessels. · Hermes L TO operates cargo vessels that transport timber to Asia. Its wood processing shop manufactures wooden construction materials and furniture. Hermes also owns food stores in "Sovetskaya Gavan, and other cities in the region. Priorities Sovetskaya Gavan has great potential for economic growth considering its strategic location, unique natural and environmental resources, and highly qualified labor force. Though the local government understands that a market economy is the future, it lacks professional expertise and does not have a strategic vision for how to develop the local economy. As a result, overall economic development is weak. City officials and administrators in the City of Sovetskaya Gavan have identified the following priority issues for the partnership with Bremerton, WA: 2 ~ 1. Engaqinq Citizens in Local Self-Governance: Municipal leaders in Sovetskaya Gavan understand the vital importance of engaging the citizenry In any local governance reform efforts. City officials are seeking assistance in developing effective citl(:en participation mechanisms for gathering public Input on local development projects. It is hoped that participatory mechanisms such as public hearings, neighborhood development councils, and others will help build support for local governance reforms, and unify local residents around efforts to improve the quality of life in their community. A view of the city 2. Develooing Strategies for Local Economic Development: Local leaders in Sovetskaya Gavan recognize the Importance of creating a solid economic foundation to support the implementation of their reform program. City officials are seeking assistance in developing an effective economic development plan for implementation on the local territory. It Is hoped that this plan will incorporate many of the best practices of their US partner for attracting investments and business development to the region. The following information sources were used: Khabarovsk Krai Government htto:/ /www.adm.khv.ru/invest2.nsf/oaqes/ru/Qeninfo/sovqreq.htm. Sovetskaya Gavan Administration htto://www.admsovgav.ru/. Wikipedia http://en.wikioedia.orq/wiki/Sovetskava Gavan. 3 u~ yo ""'''''''1~U.] u. 0" yo UU - '-JUV5!\.I lVl.apl:J Page 1 of 1 G9,~?gle Address Russian Federation, Region of Khabarovsk ropoA COBeTCKaJl raBaHb Get Google Maps on your phone (ffJ Text the word "GMAPS" tu 466453 AnUrctiea I Antuctij I ! i __(g)2_0~8_~o~~~_~ r.f~:n~:9.i.:lJ'i.~_j http://maps.google.comlmaps?f=q&hl=en&geocode=&q=sovetskaya+gavan&ie=UTF8&1l=48.998... 7/8/2008 USAID FROM THE AMERICAN PEOPlE U.S.-Russian Far East Municipal Partnership Program Funded by United States Agency for International Development Implemented by The Foundation for Russian American Economic Cooperation (FRAEC), The Institute for Urban Economics (Moscow, Russia) and The Far East Center for Social Innovation (Khabarovsk, Russia) Municipal Exchange Delegation from Sovetskaya Gavan, Khabarovsk Krai July 26, 2008 -August 04, 2008 Bremerton, WA Elena Barankevich Age: 41 Sovetskaya Gavan District Hospital & Foundation for Local Community Elena Barankevich has worked as a Deputy Chief Accountant at the district hospital of the city of Sovetskaya Gavan for over nine years. Elena oversees a staff of twelve employees. She is responsible for financial and accounting reporting. Elena is also a Director of the Foundation for local Community of the city of Sovetskaya Gavan, a non-profit organization, aimed at strengthening the local communities. As a Director, she is responsible for the organizational oversight, development, and activities. While in the US, she is interested to learn about functions and activities of the American NGOs and citizen participation mechanisms in local selt-' governance.' Elena has been always passionate about public service activities. She is one of the founders of the non-profit Foundation for Local Community of the city of Sovetskaya Gavan, where she works as its Director. Elena Barankevich is a very active citizen, and besides her work at the Foundation for Local Community, she is also actively involved in the work of the city youth center .Prometei", which promotes youth activities. She is also an activist of the city movement liMy City". Elena is married with two children. Her hobbies include tourism and sports. Vladimir Churlshka Age: 58 Sovetskaya Gavan City Administration Vladimir Churishka is a Deputy Head of the Sovetskaya Gavan Administration for Finance and Economic Affairs, as well as a Head of Financial and Economic Department. Vladimir's primary focus is the overall financial and economic policy. He is responsible for coord.nation the administration departments working on financial and economic issues to implement the federal law on local self-governance. He oversees a staff of 8 employees. While in the US, he is interested in learning about the American experience in local self-governance and developing an effective economic development plan. He hopes that upon return his new knowledge about effective practices of municipal governance will help contribute to social and economic development of the city of Sovetskaya Gavan. Vladimir Churishka graduated from the Khabarovsk Polytechnic Institute in 1978 with a degree in Engineering and Economics. After graduation he secured a job as an Engineer-Economist at the Ship Repair Plant in the city of Sovetskaya Gavan. Prior to his work at the Sovetskaya Gavan City Administration, Vladimir had worked for 15 years as a Head of Tax Collection Agency for the city of Sovetskaya Gavan and Sovetskaya Gavan Region. Vladimir Churishka is married with a son, who is a student of the Pacific State University in Khabarovsk. His hobbies include playing chess and tourism. Elizaveta Telushklna Age: 55 Ministry of Economic Development and External Affairs of Khabarovsk Krai Elizaveta Telushkina has worked for the Ministry of Economic Development and External Affairs of Khabarovsk Krai (Region) since 1994. The Ministry of Economic Development and External Affairs is responsible for developing socio-economic policy for Khabarovsk Krai. In 2005 Elizaveta Telushkina was appointed as a Deputy Minister, Head of Territorial Development Department. She is responsible for oversight of strategic planning for municipal development and territorial policy of Khabarovsk Krai Government. She also oversees development and implementation of regional policy related to demographics and living conditions, and small business development. As a Deputy Minister, Head of Territorial Development Department, Elizaveta oversees 18 employees. While in the U.S. she is interested in learning about American experience of municipal strategy development and examining the work of economic development agencies. Elizaveta has written more than 40 publications on social and economic development of the Russian Far East. Elizaveta is a Deputy Chairperson of the Council at Khabarovsk Krai Government, which is responsible for collaboration with the local non-profit organizations. Elizaveta enjoys going to the swimming pool and sauna and attending yoga classes at the sports club. Oxana Grebneva Age: 43 Sovetskaya Gavan City Administration Oxana Grebneva is a Chief Specialist of Financial and Economic Department at the Sovetskaya Gavan City Administration. Her primary focus is on the municipal budget, as she oversees the municipal expenditures and revenues of Sovetskaya Gavan municipality. She oversees a staff of three employees. While in the US, Oxana is interested in learning about municipal budgetary process, including citizen participation in the budget process, and the activities of the US municipality to collect revenues. Oxana Grebneva graduated from the Modern Humanities Institute in 2002 with a degree in Economics and Finance. She also graduated from the Institute for Advancing Qualification and Retraining Specialists at the Far East Academy of Public Administration in 2007 with a degree in Regional and Municipal Finance Management. Prior to her work at the City Administration, she worked as an accountant for private and municipal companies. Oxana is married with an adult son, who is a student of the Pacific State University in Khaba!ovsk. Her main hobby is flower gardening. Svetlana Yurchenko Age: 32 Sovetskaya Gavan City Administration Svetlana Yurchenko is a Deputy Head of the Sovetskaya Gavan Administration for Social Affairs, as well as a Head of Children and Youth, Cultural, and Sports Affairs Department. Her primary focus is on developing and implementation of youth policy programs, cultural and sports activities. She is also responsible for coordination of children and youth organizations of the city of Sovetskaya Gavan. She oversees a staff of 3 employees and a staff of 50 volunteers. While in the US, she is interested in learning about local NGOs, and about new ways to work with citizens and non-profit organizations, and encourage their participation in governance. Upon return, Svetlana intends to disseminate her knowledge among active citizens, municipal, non-profit and commercial organizations. In 2000 Svetlana established a non profit organization "Union of Children Organizations" aimed at promoting children activities and opportunities, and worked as its Director for 5 years. Svetlana Yurchenko is married with a daughter. She enjoys mountain skiing and spending her free time in the country. The delegation from Sovetskaya Gavan will be accompanied by German Vetrov from the Institute for Urban Economics, Moscow, Russia. German Vetrov, Director of Municipal Economic Development Department Institute for Urban Economics German Vetrov works as a Director of Municipal Economic Development Department in the Institute for Urban Economics. He is a regional economist with more than 15 years experience in implementation of self-governance and regional economy and policy related projects for Russian municipalities and regions, Russian and Western public, and private clients. His special interest is on elaboration of local and regional development strategies, instruments of local and regional economic development, municipal and regional finance and inter-budget relationships. As an expert of municipal and regional financing, German participated in the various projects funded by World Bank, USAID, Eurasia Foundation, and others. He participated in the programs implemented in more than 20 Russian regions. During 1998-2004 he accompanied the delegations of the Russian officials and NGO leaders to the USA on the topics related to local governance and municipal development. German Vetrov also participated in the development of analytical materials and preparation of laws and other legal documents on local self-governance and regional policy for federal government bodies, including the Administration of the President of the Russian Federation, State Duma, Federation Council, Ministry of Economy, etc. Mr. Vetrov also teaches courses on local self-governance and regional policy in Higher School of Economics (Moscow, Russia) and other institutes of higher education. COUNCIL MEETING SPEAKERS LIST PLEASE PRINT YOUR NAME BELOW IF YOU WISH YOUR COMMENTS TO BE INCLUDED IN THE RECORD -,,---/ ",:'; j\L[obv+ REQUESTS FOR INFORMATION MUST BE SUBMITTED IN WRITING TO THE CLERK THANK YOU City Council ;:fIVED 8c7 COUNaL OFFICE" F, LI EI ~ - _1,/0 B / :.;2tJ Y I II K ~c: Le~ a./ -ff'11 I lUyn 8/rkeh..'f4Q. ( Concerning the City Council meeting on July 30. I spoke concerning Blueberry Park. Here is the Environmental Protection Agency definition of a wetland. EP A Regulation 40 CFR 230 3 {I} Wetlands are lands where saturation with water is the dominant factor Determining the nature of soil development, and the type of plant And animal communities living in the soil and on its surface. Wetlands include swamps, marshes and bogs. According to this EP A definition Blueberry Park is not a wetland. Why is it being called so? Why are you bulldozing and destroying the organic gardens? In response to my questions the director of the Parks Department Cited an architects study. He did not mention the EP A definition. Could it be that the EPA's definition is.better than the one he used? The foundation for the Parks Department's removal of the organic Garden is that there are wetlands. They know they are no~. So they manufactured a study to suit their needs. And the City council went along. Ralph Marshall ~ ~ Bremerton /' 479-3950 DATE SUBMITTED: 7/30/2008 BILL # AGENDA BILL CITY OF BREMERTON CITY COUNCIL AB08-169 5A ........................................................................................ SUBJECT: Committee Meeting Date: COUNCIL MEETING Date: July 30, 2008 Department: Financial Services Presenter: Cathy Johnson Phone: 473-5296 Claims & Check Register SUMMARY: Consent Agenda item. Approval of checks and electronic fund transfers. A TT ACHMENTS: Check Register. FISCAL IMPACTS (Include Budgeted Amount): APPROVALS: DEP ARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: COMMITTEE CHAIR COUNCIL PRESIDENT: 4t2:~// . CONSENT AGENDA [gJ GENERAL BUSINESS 0 PUBLIC HEARING 0 RECOMMENDED MOTION: 1) Check #'s 325998 through 326335 and EFT's 8012 through 8042 in the amount of$2,621,320.95. 2) Regular Payroll for the pay period ending July 15,2008 in the amount of $769,998.60. 3) Retiree Payroll for the pay period ending July 31, 2008 in the amount of $79,065.70 COUNCIL ACTION: [gJ Approve 0 Deny 0 Table o Continue 0 No Action AGEl'IDA BILL CITY OF BRErvtERTON CIT'{ COLNCIL BILL. ::___OB_-=__1-7 0 5B 1),\IL Sl 'BMIITFD: ......................................................................................., SliBJECT: City Council Meeting 7v1il1utcs for mccting of Committee rvtcetin~ Date: N,'A ('OU~ClL ~IEEIIN(i Date: JUl t 30, ~Q'")e Department: Cityouncil' Presenter: \Vill Maupin, Council President Phone: (360) 473-5280 SUMl\IARY: Attached is a summary of the City Council Meeting held .:::Ju (y (0; .2o~g :JUly 1l1( .2009 A TT ACHMENTS: Meeting Minutes for -::fu ty ( ~ I .;Loog FISCAL IMP ACTS (Include Budgeted Amount): N/ A APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MA YOR: Council President N/A N/A N/A COMMITTEE CHAIR COUNCIL PRESIDENT: CONSENT AGENDA g GENERAL BUSINESS 0 PUBLIC HEARING 0 RECOMMENDED MOTION: Move to approve the Consent Agenda as presented. COUNCIL ACTION: 0 Approve 0 Deny 0 Table o ('ontll1uc 0 No Action DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wednesday, July 16, 2008 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 6tl1 Street, Bremerton, Washington, Wednesday, July 16, 2008, at 5:30 PM, with Council President Will Maupin presiding. Council Members present were Nick Wofford, Carol Arends, Dianne Robinson, Mike Shepherd, Roy Runyon, Adam Brockus, Cecil McConnell, and Brad Gehring. Also present were City Attorney Roger Lubovich; City Clerk Carol Etgen; and Council Assistant Christine Grenier. The Pledge of Allegiance was led by Council Member Brad GehrinQ followed by the invocation provided by Pastor ROQer HenniQan of Apostolic Life Tabernacle. President Maupin announced that a Briefing Session to discuss General Council Business was held prior to the meeting. MAYOR'S REPORT- There was no report tonight... PUBLIC RECOGNITION & ANNOUNCEMENTS Roy Runyon announced that there will be a Rummage Sale to benefit the Kitsap Food Co-op on Saturday, July 26111 from 9:00 AM to 3:00 PM at the Old Bremerton Firehouse located at 817 Pacific Avenue; anyone interested in volunteering for the event, may contact Carol Lee Valentine at (360) 405-6423. Adam Brockus mentioned that a Manette Community Picnic will be held on Sunday, July 27 at 2:00 PM at the Manette Playfield; and invited the public to attend the next District 3 Meeting on Tuesday, July 29 beginning at 6:30 PM at the Bremerton Senior Center where there will be a presentation on the proposed "EMS Levy" and an opportunity!o "Meet the Candidates". CONSENT AGENDA A. Check Numbers 325692 through 325997; and EFT-7976 through EFT-8011 in the amount of $2,385,773.29; and Regular Payroll in the amount of $767,296.34 for the pay period ending June 30,2008 (#AB08-163) B. Minutes of Meeting - July 2, 2008 (#AB08-164) C. Minutes of Study Session - July 9,2008 (#AB08-165) D. Award of Proposal for One-Year to OLIN CHLOR ALKALI PRODUCTS for Sodium Hypochlorite for Westside Wastewater Treatment Plant (#AB08-166) E. Appointment of Jim Anderson, Robert Hamilton, and Danielle Priest to the Disability Action Team (#AB08-167) Mr. Anderson, a longtime Bremerton resident, thanked the City for inviting him to serve on the Disability,Action Team and hoped that issues facing an aging community including accessibility will be addressed. Several Council Members expressed comments of support for his appointment and expressed their appreciation for his willingness to serve the City. 05:35:06 M/S/C (Runyon/Robinson) Move to approve the CONSENT AGENDA as presented. Voted in favor of the motion: Gehring, McConnell, Brockus, Runyon, Robinson, Arends, and Maupin, Wofford Abstained: Shepherd Motion carried: 8-Yes; 1-Abstention City Council Reg. Mtg. Minutes Wednesday, July 16, 2008 Page 2 of 3 GENERAL BUSINESS 6A - RESOLUTION NO. 3067, DECLARING AN EMERGENCY CONDITION EXISTS TO TAKE THE NECESSARY STEPS TO MAKE REPAIRS AND REPLACE APPROXIMATELY 500-FEET OF THE SANITARY SEWER FORCEMAIN FROM PUMP STATION OB-1 (#AB08-168): Public Works & Utilities Director Phil Williams explained that the forcemain from Pump Station OB-1 failed on June 4, 2008 which resulted in the uncontrolled release of sanitary sewage into Oyster Bay. City staff have performed tests on the pipeline at a number of key locations, and believe that the pipe is in jeopardy of repeated failure in the segment north of Kitsap Way, and within Pump station OB-1. Mr. Williams also provided a PowerPoint@ presentation to show that an immediate short-term repair was done at the time of initial failure. However, after further study of the area it was determined that replacement of the forcemain was needed, and the work will need to be concluded prior to the rain season. He added that there will be discussion with the Health District to consider the use of software to forecast where contamination may likely occur which will also help warn citizens of contaminated areas. Pastor HenniQan asked for clarification of the bidding process and the emergency declaration process. Mr. Williams answered that bids would be taken for a project in a non-emergency situation. However, this forcemain needs to be replaced prior to the rainy season and bypassing the bidding process will help expedite the project construction. Mr. Wofford asked if this project would impact service. Mr. Williams answered no. Mr. Runyon asked if this would disrupt Kitsap Way. Mr. Williams responded no and added that the project will be done in a trenchless fashion. Mr. Shepherd asked if the new technology to determine pipe thickness would be applied to other projects so that more work could be done prior to failure. Mr. Williams stated yes and this process would be used for water and sewer lines. Mr. Maupin asked if the pipe will be lined or if the pipe will be replaced. Mr. Williams affirmed that this project is a complete replacement and the materials used will be resistant to scouring. 05:55:53 M/S/C/U (Arends/Brockus) Move to approve Resolution No. 3067 declaring an emergency, authorizing the City to waive procurement requirements and the Mayor to enter into any contracts necessary to complete the work, subject to budget limitations. Mr. Gehring left the meeting at 6:00 PM and did not return... COUNCIL MEMBER REPORTS Nick Wofford reminded the public that the next election will be held on August 19th and will include mail-in ballots; and encouraged people to volunteer in their community. ,Carol Arends mentioned that she attended the retirement party for Ron McAffee, Executive Director for CENCOM and wished him the best. Mike Shepherd attended a neighborhood meeting to discuss the upcoming Evergreen Park Celebration as well as parking issues; announced that the Annual District 5 Picnic will be held on August 2nd; and lastly commented that he was pleased at the turnout for the Senior Games and believed that there will be local competitors participating in the Senior Olympics soon to be held in Olympia. City Council Reg. Mtg. Minutes Wednesday, July 16, 2008 Page 3 of 3 Roy Runyon reported on a recent meeting with downtown residents; and demonstrated a "mutt mitt" dispenser that may eventually be installed downtown in part by the residents' successful application for a neighborhood enhancement grant. Adam Brockus commented on the flower baskets he saw while on vacation in Iowa which closely resembled Bremerton's program; and he reiterated information on the Manette Picnic and District Meeting. Will Maupin encouraged people to attend upcoming "Concerts on the Boardwalk" and the "Movies on the Roof" of the Old Penney's Building. With no further business, President Maupin adjourned the Council Meeting at 6:09 PM. The Council reconvened in the Council Conference Room, Room 603 for a STUDY SESSION to discuss General Council Business. The Study Session was adjourned at 7:39 PM. Prepared and Submitted by: aJA-..~- gg~,~ CHRISTINE GRENIER \ Council Assistant Attest: CAROL ETGEN, City Clerk WILL MAUPIN, City Council President WM:CE:ls:cg ;\GE~D;\ BILL erry OF BREf\IERTON CITY COUNCIL BIll.;' _QEi=_L7J_ 5C I ):\11:: SUBMITTED: ......................................................................................... SUBJECT: City Council Meeting Minutes ror mceting or JJI~ 2..3, u:og Committec Mceting Date: ('OU!\i( 'II. MEETING Date: Department: Presenter: Nil\. ~u llj 30) ::LOng City Council Will Maupin, Council President (360) 473-5280 Phone: SUMMARY: Attached is a summary of the City Council Meeting held J v(y 23/ 2008 ATTACHMENTS: Meeting Minutes for -Tv 1'1 2. '3) 2008 FISCAL IMP ACTS (Include Budgeted Amount): N/ A APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MA YOR: Council President N/A N/A N/A COMMITTEE CHAIR COUNCIL PRESIDENT: CONSENT AGENDA ca/ GENERAL BUSINESS 0 PUBLIC HEARING 0 RECO:\l:\'IE:\TDED MOTION: Move to approve the Consent Agenda as presented. COllNCIL ACTION: 0 Approve 0 Deny 0 Table o Contll1uc 0 No Action DIGITAL RECORDING CITY COUNCIL STUDY SESSION MINUTES Wednesday, July 23,2008 The weekly meeting of the City Council of the City of Bremerton was called to order in the City Council Conference Room, in Room 603 of the NORM DICKS GOVERNMENT CENTER located at 345 6th Street, Bremerton, Washington, Wednesday, July 23,2008, at 5:00 PM, with Council President Will Maupin presiding. Council members present were Nick Wofford, Carol Arends, Dianne Robinson, Mike Shepherd, Roy Runyon, Adam Brockus, Cecil McConnell, and Brad Gehring. Legislative Assistant Lori Smith was also present to provide staff support to the Council. President Maupin announced that the Study Session was for the Council to hear presentations on upcoming agenda items. It was further announced that this Study Session was open to the public, but there would be no opportunities for input or participation; that no action will be taken, and the content of these items is subject to change. A. NO DISCUSSION PLANNED - The following are budgeted items or have been reviewed by the appropriate Council Committee; and will be placed on the next Council Meeting Agenda for action: . 1. Professional Services Agreement with PARAMETRIX for the Stormwater Management Plan Update - Public Works & Utilities Director Phil Williams; and Public Works Committee Chair Cecil McConnell Consent 2. Professional Services Agreement between the City and the Law Offices of Donald W. Heyrich PLLC for Chief Labor Negotiator/Labor Consultant - Carol Conley, Human Resources Manager; and Finance Committee Chair Nick Wofford Consent B. FULL DISCUSSION ITEMS 3. South Kitsap Industrial Area (SKIA) North Annexation 75% Petition - Department of Community Development Andrea Spencer; City Attorney Roger Lubovich; and Planning Committee Chair Dianne Robinson Public Hearing 4. Briefing by David H. Moseley, Assistant Secretary, Washington State Ferries Division (Information Only) C. GENERAL COUNCIL BUSINESS President Maupin reminded Council Members that a regular Council Meeting would be held next week on July 30th even though it was the 5th Wednesday, because of a request by the visiting Russian delegation from Sovetskaya Gavan to see Bremerton's government "in action" . At 6:40 PM, the Council met for a 20-Minute Executive Session to discuss "Potential Litigation" per RCW 42.30.110 (1 )(i). At 7:00 PM, the Executive Session was extended for another 10-minutes. The Study Session was called back to order, and discussion continued on General Council Business.. . City Council Study Session Minutes Wednesday, July 23, 2008 Page 2 of 2 With no further business, President Maupin adjourned the Council Study Session at 7:40 PM. Prepared and Submitted by: ~i~ LORI SMITH Legislative Assistant Attest: CAROL ETGEN, City Clerk WILL MAUPIN, City Council President WM:CE:ls:cg ~\ DATE SUBMITTED: July 16,2008 BILL # 08 - 172. AGENDA BILL CITY OF BREMERTON CITY COUNCIL 51) ........................................................................................ SUBJECT: Professional Services Agreement with Parametrix for the Storm water Management Plan Update. Committee Meeting Date: July 23, 2008 COUNCIL MEETING Date: ~Z -10, .;loo8 Department: PW U Presenter: Michael Mecham Phone: 473-5288 SUMMARY: The City of Bremerton first adopted its Storm water Management Plan in 1996. This contract with Parametrix will update that plan and address necessary changes due to changing Federal and State laws and programs; most notably the National Pollutant Discharge Elimination System Phase II (NPDES) Permit and the Puget Sound Partnership's agenda. ATTACHMENTS: 1. Council Summary; 2. Professional Services Agreement. FISCAL IMP ACTS (Include Budgeted Amount): The funding for the Plan is provided for in the 2008 Stormwater Fund. The cost of this contract is $99,119.00. APPROVALS: /'/::J;', . DEPARTMENT DIRECTOR~,--- ~. .:) f CITY ATTORNEY: FINANCE DIRECTOR: MA YOR: CONSENT AGENDA ~ GENERAL BUSINESS D PUBLIC HEARING D RECOMMENDED MOTION: Move to approve the Professional Services Agreement with Parametrix to update the Storm water Management Plan and authorize the Mayor to finalize and execute the necessary agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: D Approve D Deny D Table o Continue 0 No Action Council Summary Professional Services Agreement with Parametrix for Stormwater Management Plan Update Summary The City of Bremerton first adopted its Stormwater Management Plan in 1996. This contract with Parametrix will update that plan and address necessary changes due to changing Federal and State laws and programs, most notably the National Pollutant Discharge Elimination System Phase II (NPDES) Permit and the Puget Sound Partnership's agenda. Proposals were requested from four qualified firms listed on the City's consultant roster, Parametrix, RW Beck and Associates, CH2M, and Perteet Engineering. Parametrix submitted the only proposal. Their proposal did meet all of the requirements set forth in the request for proposals, including scope of work, staffing credentials, experience on similar projects, budget and schedule considerations. They are prepared to begin work immediately and complete the plan update by the end of 2008. Fiscal Summary The cost to complete the preparation of the plan is $99,119.00. Development of the Plan will take place during the period of August through December of2008. The funding for the Plan is provided for in the 2008 Stormwater Fund. Council Summary Stormwater Management Plan Update July 2008 PROFESSIONAL SERVICES AGREEMENT Stormwater Management Plan Update The City of Bremerton ("City") and Parametrix ("Consultant"), referred to collectively as the "Parties," enter into the following Agreement for professional services: I. Scope: The Consultant agrees to perform the services more specifically described in the Scope of Work, dated July 3, 2008, including any attachments thereto, attached hereto as Exhibit A, which is incorporated by reference herein. The Scope of Work may be modified only pursuant to Section VII.G. of this Agreement. If the Scope of Work provides for unspecified additional services such services shall only be performed upon the express written request of the City. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time such services are performed. II. Term: The City and the Consultant agree that work will begin on the tasks described in Exhibit A immediately upon execution of this Agreement. The parties agree that the work described in Exhibit A is to be completed as provided for in the work schedule attached hereto as Exhibit B; provided however, that additional time shall be granted by the City for excusable delays or extra work as provided for in section IX (A) of this agreement. III. Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Consultant in an amount not to exceed $99,119.00. Consultant's charges and bills shall conform to the fee schedule attached hereto as Exhibit C and incorporated herein by this reference. The Consultant shall submit regular billing statements detailing work performed and amount charged on each task or portion thereof. The descriptions shall conform to and fall within the categories set out in the Scope of Work and/or Fee Schedule. Upon receipt of a conforming billing statement, the City shall promptly process payment. PROVIDED, HOWEVER, the City reserves the right to prioritize scoped work and accelerate and/or delay work tasks under the time frame set forth in Section II herein. The Consultant's labor rates and billing fees shall be as delineated in Exhibit C. Consultant shall not perform work beyond the Scope of Work, nor shall be compensated for such work, unless the Scope of Work or amount of compensation is modified pursuant to this Agreement. Consultant shall only be compensated for additional services if requested pursuant to Section I and, if not otherwise provided, such compensation shall be in accordance with Exhibit C. If a billing statement does not conform to this Agreement, the City may withhold payment until the statement is brought into compliance. Such withholding does not relieve Consultant of its obligations under this Agreement. BremertonlParametrix Stormwater Management Plan Update Page 1 of7 IV. Relationship of Parties: Consultant represents that it is skilled in the matters addressed in the Scope of Work and is performing independent functions and responsibilities within its field of expertise. Consultant and its personnel are independent Consultants and not employees of the City. Consultant and its personnel have no authority to bind the City or to control the City's employees and other Consultants. None of the benefits provided by the City to its employees, including, but not limited to, compensation, insurance, and unemployment insurance are available from the City to the employees, agents, representatives, or sub-Consultants of the Consultant. Consultant will be solely and entirely responsible for its acts and for the acts of Consultant's agents, employees, representatives and sub-Consultants during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent Consultants to perform the same or similar work. As an independent Consultant, Consultant is responsible for its own management. The City's administration and enforcement of this Agreement shall not be deemed an exercise of managerial control over Consultant or its personnel. As an independent Consultant, Consultant is responsible for payment of all taxes and licensing fees necessary to perform its obligations under this Agreement. These taxes and fees include but are not limited to State industrial insurance, Business & Occupation, State professional licensing, and City business licensing. If any taxes or fees due the City have been declared delinquent, the City may withhold the delinquent amount, plus any additional charges arising from the delinquency, from any payments due Consultant. V. Indemnification: Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with this Agreement, to the extent that the injuries and damages are caused by the Consultant's negligence. City shall defend, indemnify and hold the Consultant, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the City's performance of this Agreement, to the extent that the injuries and damages are caused by the City's negligence. The City's review or acceptance of any of the work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY BremertonlParametrix Stormwater Management Plan Update Page 2 of7 FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. VI. Insurance: The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees, sub-consultants or sub-Consultants. Before beginning work on the project described in this Agreement, the Consultant shall provide a Certificate of Insurance evidencing: 1. Automobile Liabilitv insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 2. Commercial General Liabilitv insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; explosion, collapse and underground (XCU) if applicable; and employer's liability; and 3. Excess Liabilitv insurance with limits not less than 1,000,000 limit per occurrence and aggregate. 4. Professional Liabilitv insurance with limits no less than $1,000,000 limit per occurrence/claim. Any payment of deductible or self insured retention shall be the sole responsibility of the Consultant. All required policies shall be provided on an "occurrence" basis except professional liability insurance (if required), which may be provided on a "claims-made" basis. The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Consultant and a copy of an endorsement that is acceptable to the City, which names the City as an additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all the required insurance policies and endorsements. The City further reserves the right to reject any unacceptable policies and/or endorsements. The Consultant's Commercial General Liability 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 respects to the limits of the insurer's liability. The Consultant's insurance 'shall be primary insurance as respects the City and the City shall be given thirty (30) days prior written notice by certified mail, return receipt requested, of any cancellation, suspension or material change in coverage. BremertonlParametrix Stormwater Management Plan Update Page 3 of7 The City also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage. VII. General Conditions: A. Reports and Information: When requested by the City, Consultant shall furnish periodic reports and documents on matters covered by this Agreement. The reports and documents shall be furnished in the time and form requested. Consultant shall maintain accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to substantiate all billed amounts. B. Ownership and Use of Records and Documents: Original documents, drawings, designs and reports, including those in electronic format, developed under this Agreement are the property of the City. All written information submitted by the City to the Consultant in connection with the services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at least the same extent as the Consultant safeguards like information relating to its own business. If such information is publicly available or is already in Consultant's possession or known to it, or is rightfully obtained by the Consultant from third parties, Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise. All data, documents and files created by Consultant under this Agreement may be stored at Consultant's office in Bremerton, Washington. Consultant shall make such data, documents, and files available to the City upon its request at all reasonable times for the purpose of editing, modifying and updating as necessary until such time as the City is capable of storing such information in the City's offices. Duplicate copies of this information shall be provided to the City upon its request, and at reasonable cost. All documents, including all reports, drawings, specifications, computer software or other items prepared or furnished by Consultant pursuant to this Agreement, are instruments of service with respect to the project and are the property of the City. Any reuse by the City for other than the specific purpose intended will be at City's sole risk. C. Work Performed at Consultant's Risk: Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and sub-consultants in the performance of the work hereunder and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. D. Place of Work: The Consultant shall perform the work authorized under this Agreement at its offices in Bremerton, Washington. Meetings with the City staff as described in Exhibit A, Scope of Work, shall take place at the City's offices, or at locations mutually agreed upon by the parties. BremertonlParametrix Stormwater Management Plan Update Page 4 of7 E. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. F. Severability: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. G. Modification: This Agreement may only be modified by written instrument signed by both Parties. H. Written Notices: All communications regarding this Agreement shall be sent to the parties at the addresses listed below by registered or 1 st class mail, or by personal service, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. City Address Larrv Mate!, P .E. City of Bremerton 3027 Olympus Drive Bremerton, W A 98310 Consultant Address Jan Rosholt, P.E. Parametrix 4660 Kitsap Way, Suite A Bremerton, WA 98312 1. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power. J. N on- Waiver of Breach: The failure of the City to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein conferred in one or more instances shall not be construed to be a waiver or relinquishment of said covenants, agreements or options, and the same shall be and remain in full force and effect. K. Compliance with Laws: Consultant shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. L. Choice of Law and Venue: This Agreement shall 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. M. Attorneys' Fees: In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney's fees. N. Assignment: Any assignment of this agreement by the Contractor without the written consent of the City shall be void. BremertonlParametrix Stormwater Management Plan Update Page 5 of7 VIII. Nondiscrimination: Cpnsultant shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status, disability, or sexual orientation except for employment actions based on bona fide occupational qualification. IX. Termination: This Agreement shall remain in force until completion and acceptance of the services, terminated by written instrument upon mutual consent, or by the City of Bremerton for convenience. This Agreement may be immediately terminated for cause by a Party if the other Party substantially fails to perform through no fault of the terminating Party, and the non- performing Party does not commence correction of the failure of performance within thirty (30) days of the terminating Party's sending notice to the non-performing Party. Any Notice by Consultant shall include a report showing the status of all items listed in the Scope of Work current through the termination date. If the City receives reimbursement by any federal, state, or other source for work described in Section I herein, and that funding is withdrawn, reduced or limited in any way, or the project is cancelled or substantially reduced after the execution date of this Agreement and prior to the completion of the work, the City may summarily terminate this Agreement. A. Excusable Delays: The right of Consultant to proceed shall not be terminated nor shall Consultant be charged with liquidated damages for any delays in the completion of the work due to: 1) any acts of the federal government in controlling, restricting, or requisitioning materials, equipment, tools, or labor by reason of war, national defense, or other national emergency; 2) any acts of the City, its consultants, or other public agencies causing such delay; and 3) causes not reasonably foreseeable by the parties at the time of the execution of the Agreement that are beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God, fires, floods, strikes, or weather of unusual severity. PROVIDED, HOWEVER, that the Consultant must promptly notify the City within ten (10) calendar days in writing of the cause of the delay. If, on the basis of the facts and the terms of this Agreement, the delay is properly excusable, the City shall, in writing, extend the time for completing the work for a period oftime commensurate with the period of excusable delay. B. Rights Upon Termination: In the event of termination, the City shall pay for all services performed by the Consultant to the effective date of termination, as described on a final invoice submitted to the City. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project which may be used by the City without restriction. Any such use not related to the project which Consultant was contracted to perform shall be without liability or legal exposure to the Consultant. CITY OF BREMERTON CONSULTANT By: its: Date: By: its: Date: Bremerton/Parametrix Stormwater Management Plan Update Page 60f7 Approved as to form: Bremerton City Attorney R:\Legal\Legal\Contracts\PUBLIC WORKS\2008 pararnetrix stormwater plan. doc BremertonlParametrix Stormwater Management Plan Update Page 70f7 Attest: City Clerk EXHIBIT A SCOPE OF WORK City of Bremerton Stormwater Management Plan Update Introduction Background The City of Bremerton first adopted its Stormwater Management Plan in 1996. This scope of work defines the activities to be undertaken to update this plan and reflecting progress made on the implementation of the initial plan. This plan update shall address necessary changes due to changing Federal and State laws, permit requirements and programs, most notably the National Pollutant Discharge Elimination System Phase II (NPDES) Permit and the Puget Sound Partnership's agenda. The purpose of the Plan is to evaluate the present operations, staffing and capital improvement projects of the City's stormwater program, suggest improvements to enhance the performance of the program to meet regulatory requirements, and present an approach to fund and implement the needed improvements. A number of specific objectives and activities were included in the original Plan that need to be addressed. These include: Describe the present activities of the City's stormwater program. Document the City's stormwater capabilities and challenges. Identify the City's potential future stormwater issues in terms of capacity, necessary performance improvements and cost. Evaluate the City's activities from the standpoint of solving local problems, meeting regulatory requirements, and providing service and protection for the City's residents. Recommend minimum program enhancements to address local problems and comply with regulatory requirements. Present prioritized program enhancements and funding approaches for the City to consider for improving and protecting the City's natural water resources and meeting regulatory requirements. The following presents a specific, task by task, scope of work for this update. City of Bremerton Stormwater Comprehensive Plan Scope of Work 1 July 3, 2008 SCOPE OF WORK (CONTINUED) Task 01 - Project Management Task Objective To monitor the project scope of work completion, schedule, and budget, and communicate status with the City of Bremerton project manager. Approach The Consultant will prepare a brief proj ect management plan (PMP) at the beginning of the proj ect to document the scope of work, schedule, budget, contact list, and general roles and responsibilities of the .project team. The PMP will be distributed to all team members including subconsultants and City of Bremerton staff. Monthly invoices will be prepared, including a progress report summarizing work accomplished, changes, and upcoming work. Deliverables . Draft Project Management Plan . Final Project Management Plan . Monthly Progress Report and Invoices Task 02 - Agency Input Task Objective To obtain agency input and ideas on program improvement needs. Approach The Consultant will arrange meetings with the following groups, including but not limited to: · City of Bremerton Public Works and Utilities, Community Development, and Parks and Recreation staff · Kitsap County Public Works . Port of Bremerton · Washington Department of Transportation · Puget Sound Naval Shipyard . Others City of Bremerton Stormwater Comprehensive Plan Scope of Work 2 July 3, 2008 SCOPE OF WORK (CONTINUED) The consultant will organize the meeting logistics, set the agenda, facilitate the meetings, and prepare meeting summaries. Deliverables The consultant will prepare meeting summary memoranda to document discussions with the various agency representatives. Task 03 - Existing Conditions Inventory Task Objective To collect, document, and summarize existing stormwater program information. Approach The consultant will summarize the status of the existing stormwater program activities. A review of City of Bremerton files and documentation relating to the storm of December 2007 will provide a significant benchmark for the determination of adequacy of conveyance works. The consultant will summarize the attributes of the existing facilities and programs in the City based on agency input, existing data, observations, and existing benchmarks characteristic of similar sized cities in the Puget Sound area. An analysis of current available precipitation data will be conducted to review "design storm" parameters. Deliverables The consultant shall prepare a written summary report covering the following: organization and staffing, accomplishments, and program regulatory compliance. Assessment shall relate the City's program in relationship to City's of similar size in the Puget Sound. Benchmarking of program components, organizational structure, staffing, and budget shall be included in the report. Recommendations shall be made for organizational/staffing adjustments to normalize the City's program in relationship to similar cities and NPDES Permit requirements. City of Bremerton Stormwater Comprehensive Plan Scope of Work 3 July 3, 2008 SCOPE OF WORK (CONTINUED) Task 04 - Stormwater Management Strategy Task Objective The requirements of the NPDES Permit have, to a large extent, identified the key non-structural elements of the City's stormwater strategy. The City's Stormwater Management Program (SWMP) transmitted to the Washington Department of Ecology in the NPDES Annual Report for 2007 presents the elements of the SWMP. The detailing of the elements of the SWMP are not included in this update. These elements will be developed further as the duration of the permit advances and as more direction from the Washington Department of Ecology is developed. The benchmarking work completed in the previous task is antiCipated to provide the overall planning guidance required for the SWMP aspect of this Plan update. The work conducted in this plan will focus on the identification of anticipated staffing, organizational and budgeting needs to help accomplish NPDES and PSP agendas. Approach The consultant will use a combination of information gathered from the Existing Conditions Inventory and Agency Input to determine the needs of stormwater program improvements in Bremerton, as well as to prioritize these needs. This information will include; · Identification of programmatic and budgeting needs to satisfy NPDES and PSP requirements · planning and implementation priorities Deliverable . Section of the final report presenting the current SWMP, recommended stormwater program elements in the City of Bremerton, and staffing and budgetary considerations for programmatic and operations/maintenance needs. City of Bremerton Stormwater Comprehensive Plan Scope of Work 4 July 3, 2008 SCOPE OF WORK (CONTINUED) Task 05 - Identify Stormwater Capital Facility Improvements Task Objective To identify stormwater system capital projects needed to address flooding problems. Approach The Existing Conditions Inventory will provide the basis for recommendations for stormwater system improvements. These recommendations will present proposed system improvements consisting of conduits, channels and basins. The evaluation framework for the proposed improvements will generally consist of such criteria as: · Ongoing Nuisance Drainage Issues · Flooding Reduction · Continuity/Connectivity of Existing Facilities · Retrofitting ofInadequate Neighborhood Drainage Systems · Completion of Key Outfall Systems · Creation of Low Impact Development Opportunities · Coordination With Existing Plans Deliverables . Section of the final report and maps depicting stormwater conveyance system improvements and cost estimates in the City of Bremerton. City of Bremerton Stormwater Comprehensive Plan Scope of Work 5 July 3, 2008 SCOPE OF WORK (CONTINUED) Task 06 - Plan Implementation and Funding Strategy Task Objective To develop a strategy to implement the plan and identify funding for individual program elements and projects. Approach Recommended stormwater programs, projects and improvements will be ranked according to regulatory and long range comprehensive plan criteria and submitted to City staff for review and comments. These criteria will include those listed below and others developed with associated agency input. · Closure of a critical gap or correction of an existing flooding problem. · Service to a previously neglected part of Bremerton · Cost effectiveness · Potential for improving water quality The consultant will work closely with staff throughout the selection and ranking process, lending expertise on funding, planning, and design guidelines when required. A phasing plan will be developed based on the ranking outcome combined with (a) funding availability and requirements, (b) other programmed public improvements, ( c) eliminating an immediate flooding or safety hazard, and (d) ensuring that the system grows rationally rather than as a series of disconnected pieces over time. The Phasing Plan will recommend short-term, intermediate-term, and long-term programs and projects to be completed over the next 10 years. Each aspect will be evaluated according to estimated capital and estimated on-going maintenance and operation costs by implementation phase based on comparable experiences. Departmental responsibility will also be identified, as will the relationship to possible funding and other specific requirements. The consultant will identify potential private and public funding sources for the proposed elements that are in addition to utility rate based revenues. Cost estimates of the phased improvements will be compared with revenue estimates. This will include estimates of operating and maintenance costs that are usually borne by local governments. A table identifying available funding sources and applicability to specific priority projects will be provided in the final report. Deliverable · Section of the final report summarizing preliminary cost estimates and funding sources for program improvements and stormwater conveyance system capital projects in the City of Bremerton. City of Bremerton Stormwater Comprehensive Plan Scope of Work 6 July 3, 2008 SCOPE OF WORK (CONTINUED) Task 07 - Illicit Discharge Detection and Elimination Considertions Task Objective To review the City's current Illicit Discharge Detection and Elimination program and recommend improvements to meet NPDES requirements. Approach The consultant will review, with City staff, the City's existing IDDE program and develop recommendations for meeting anticipated minimum requirements as required by the NPDES Phase II permit. Programmatic changes and associated staffing and funding needs will be identified as a section of the stormwater plan document. Deliverable Programmatic changes and associated staffing and funding needs will be identified as a section of the stormwater plan document. Task 08 - Draft and Final Report Task Objective To prepare draft and final comprehensive stormwater plan documents. Approach The consultant will prepare draft and final reports. The reports will include: · Title page · Table of contents · Executive summary · Discussion of existing conditions · Stormwater Management Plan and strategy · Appropriate tables, figures, and appendices · References and bibliography · Technical appendices Deliverable . Ten hard copies and electronic versions (Word and PDF) of the Stormwater Comprehensive Plan Update. City of Bremerton Stormwater Comprehensive Plan Scope of Work 7 July 3, 2008 " , , 't . . . . . . . . . . , . . . . . , " . - '. . - ~ . ea ,. . - .. . .. .. .. . - . , .. ~ WORK SCHEDULE EXHIBIT B Proposed Project Schedule Parametrix has a demonstrated performance record for cost effectiveness, compliance with schedules, designing to a speci6c project budget, and work quality. We understand how to work under an accelerated schedule with a required timeframe for completion. Over the past 30 years, we have successfully delivered over 70 major projects for the City. We know how to get the work done with a motivated, high-performance team that is ready to move quickly. We have experience with public works and public-sensitive projects and understand the timeframes required for each steP of the process.We will work collaboratively with the City's project team to build a project schedule that ensures timely delivery. We have reviewed our existing workload commitments and have identified and con6rmed key staff availability. We are available and ready to start. Project Management Draft PMP Kick-off and Weekly Communication Monthly Invoices and Reports Agency Input Schedule Meetings Conduct Meetings Summarize Findings Meet with Agencies to Review Input Condition Inventory File /DocumentReview Summary of Findings Benchmark Similar Agencies Design Storm Analysis Prepare Recommendations SWM Strategy Review 2007 NPDES Phase /I Report 10 Program and Funding Needs Prioritize SWM Capital Improvements ; Identify Projects Estimate Costs Prioritize Implementation and Funding Strategy Develop Strategies Draft Report Final Report ~~~"~~--':-- i I '~~rd"~1 Ii! .'r'.+. .. I.' 'I I+i i, I, , I! i, i !rQ~rlmii-~ ~"1_1 "i I /1 I _! ~ t t i ! I ! 1""1 J llUJ 1 ! _:::",:- ,-. l I 1'''1 j !:"- .'......) : 1'__ I' .._, I : , ! i~1 Ii! I " , 'I i I II , i I .. I I I 1 I i I I ! i I i *1 " I I , I i I I .1 I ...1 . ! I . ... T !I i I .....ji. !' .1. i I., I .' ,m.L '-'1.."r_,,,.. i I i i I . i "r" i i i i ! :,1 ~--'::-::J I . ,-_.J ""'-.._ : 'I I , .i II , -I" 1 'lJilllllUilllTLl! I I ! I !, :-1 ,) i i, I I I 1-' 1~.l~U.~ '---.:, I: ~,~~1. ~-~..tl 'j I l.rIiI1t! 1 ---, I !. :_F i' ----. i ! i i I '-' i' I i r i I I I ! parametriX" StORnwat.r Manag.ment PIOn ripilaie 7 i . I I . ~ i +/ i I : I I j i I I I I I j I I I 1 i i . i' r I ~ II FEE SCHEDULE EXHIBIT C Bremerton Stormwater Management Plan Update Staffing Hours Projection 3-Jul-08 Gl ~ ::I o (I) Gl ~ :a: III - U) Q; en co "" c: o co -lii:2 &~ c '0 ~a: Q Qj ::I ;:: co- coN w '0 _ c: Q) 'C Il.Il. 1:1 co Q) --' -'" '" - co 01- -liiE o co 0::: ~ en c: e lllll. .m a> .~ (l) 1;.5, :2L'ij c: ~ o 0 E .c co Q) oen c: ~ Q; oog? C '0 Q) c: ::<:w 1;) c:<: ~.~ oen --' ~ co .2 1:1 c: .!; V --'en E~ 0= 1:1::1 '" '" ~ 5 ",0 v ~ ~.~ .c V oen L- V V c: ~ .~ -w V L- 20 c "c 'C Q) wen Q; Q) c: .0, o.c: oW o L- o.Q II::: c: Q) Q) ...,en 1:1 o ~ L- Cl> rl .~ '(ij en ~~ (/) Qj .c co o u :2 ~~ c: c: ~.!2 COil. ~ Q) 0. X W t g V ~ .9 '0 "" o Task 01 Project Management 32 4 ... . . . 36 6% 02 Agency Input . . 8 8 4 48. 68 11% 03 Existing Condition Inventory 2 8 12 40 12 4 12 16 4 110 18% 04 SWM Strategy 2 24 4 24 12 8. 16 8 . 12 110 18% 05 lID SWM Capital Facilities 2 8 28 24 4 4 4 8 82 14% 06 Plan Implementation and Funding 2 20 8 12 4 8 4 16 74 12% 071DDE Evaluation 2 8 4 12 4 2 12 44 7% 08 Draft and Final Report 4 4 16 12 8 16 8 4 4 76 13% iii - o .... Total 36 18 92 76 84 76 30 24 28 28 72 36 600 100% %Commitment{5Mos.) 5% 2% 12% 10% 11% 10% 4% 3% 4% 4% 9% 5% Total FTE 0.75 Estimated Labor BUdget $ 7,109 $ 3,770 $ 18,167 $ 11,813 $ 9,244 $13,735 $ 5,644 $ 3,256 $ 4,009 $ 2,990 $ 6,241 $ 8,100 $ 94,079 ODC's (6% Direct loaded labor total) $ 5,040 Total $ 99,119 Burdened Hourly Rates (Direct X 3.1) $ 197.47 $ 209.44 $ 197.47 $ 155.43 $ 110.05 $180.73 $ 188.14 $135.66 $ 143.19 $ 106.80 $ 86.68 $ 225.00 NOTE: ODC's include mileage and materials for meetings and data gathering as well as Production costs associated with preparing and publishing the Draft and Final Report. DATE SUBMITTED: 7/1/08 BlLL# 06- \ 73 AGENDA BILL CITY OF BREMER TON CITY COUNCIL se ........................................................................................ SUBJECT: Professional Services Agreement between the City and the Law Offices of Donald W. Heyrich PLLC for Chief Labor Negotiator/Labor Consultant. Committee Meeting Date: July 23, 2008 COUNCIL MEETING Date: July 30, 2008 Department: Financial Services Presenter: Carol Conley, HR Manager Phone: 473-5347 SUMMARY: In response to an RFP for Chief Negotiator/Labor Consultant and interviews with proposers by Chief Duke, Chief Rogers and the HR Manager, together whom have selected the Law Offices of Donald W. Heyrich PLLC, Seattle W A to enter into a Professional Services Agreement (PSA) to provide these services to the City in negotiating successor contracts with 3 of our bargaining units: Bremerton Police Officers Guild (BPOG); IAFF Local #437 and Teamsters Local #589. The services will be provided to the City pursuant to the terms of the PSA for the amount of Thirty-one thousand dollars and no cents ($31,000.00). Staff recommends approval of this Agreement. A TT ACHMENTS: Professional Services Agreement between the City and the Law Offices of Donald W. Heyrich PLLC FISCAL IMPACTS (Include Budgeted Amount): The $31,000 expenditure, which is budgeted in the 2008 Human Resources Department budget, will cover the cost of the services to be provided. , APPROVALS: DEP ARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MA YOR: COMMITTEE CHAIR COUNCIL PRESIDENT: ~~-D r ?7 CONSENT AGENDA ~ GENERAL BUSINESS 0 PUBLIC HEARING 0 RECOMMENDED MOTION: Move to approve the Professional Services Agreement between the City and the Law Offices of Donald W. Heyrich PLLC; W OJJ.+V\~V'I1.f...- ,-+,^e ~QY- "1't7 ~ \f\O. \ t t.~ OJV\cJ.. -e ~ C-lAA-;-e..- ~e.. ~ ~$S a. Y'1 Ct 1 ('t,e. ~eM:f (,J lilt s\<{ Ie? rm.l'rh'o. t (7 ~e.. SGt.lM.e.. -rUMS ~ Go vtJA:1(t7v,5 ttS r~f..AA;(eJ. COUNCIL ACTION: D Approve D Deny D Table D Continue D No Action / PROFESSIONAL SERVICES AGREEMENT The City of Bremerton ("City") and Law Office of Donald W. Heyrich PLLC ("Retained Counsel"), referred to collectively as the "Parties," enter into the following Agreement for professional services: I. Scope: Retained Counsel will perfornl the services set out in the Scope of Work, which is attached as Exhibit A and incorporated by reference. The Scope of Work may be modified only pursuant to Section VI.D. of this Agreement. If the Scope of Work provides for unspecified additional services the City may request, such services shall only be performed upon the eXpress, written request of the City. II. Term: This Agreement commences on July 1, 2008, and tenninates on December 31, 2008. III. Compensation: Compensation under this contract shall not exceed Thirty-One Thousand Dollars ($31,000). The City shall pay Retained Counsel hourly rates for services and fees as detailed Exhibit B. IV. Insurance and Hold Harmless: Retained Counsel shall provide Certificates of Insurance to the City's Risk Manager verifying the following coverage: a professional liability policy ("E&O") providing coverage of One Million Dollars ($1,000,000) for errors and omissions committed by Retained Counsel while performing its obligations under this Agreement. The policy shall remain in full force and effect, and provide coverage for the full term of this Agreement. Insurer shall provide the Risk Manager with thirty (30) days' written notice of any cancellation or change of coverage of the policy. Retained Counsel shall be solely responsible for the acts and failures to act of its personnel, which arise in any way out of performance of this Agreement. Retained Counsel agrees to defend, indemnify, and hold harmless the City and its officials and employees from and against all liability, loss, damages, and expenses, including costs and attorneys' fees, resulting from actions, claims, and lawsuits arising or alleged to have arisen, in whole or in part, out of or in consequence of the acts or failures to act of Retained Counsel, its employees, its subcontractors, its agents, or its assigns in the performance of )his Agreement. The City and Retained Counsel have specifically negotiated Retained Counsel's waiver of its immunity under Title 51 RCW, which is hereby waived for purposes of Retained Counsel's indemnification and hold harmless of the City, including the duty to defend. This provision shall be inapplicable to the extent such action, claim, or lawsuit is judicially found to arise solely from the acts or failures to act of the City. V. Termination: The Parties agree that this Agreement will continue in full force and effect until terminated. The City may terminate representation at any time, with or without cause upon written notice to Retained Counsel. Retained Counsel reserves the right to withdraw from representing the City if fees are not timely paid, or for any other appropriate cause. VI. General Conditions: A. Reports and Information: When requested by the City, Retained Counsel shall furnish periodic reports and documents on matters covered by this Agreement. The reports and documents shall be furnished in the time and form requested. 1 B. Entire Agreement: This Agreement constitutes the entire agreement between the Pmiies, mld the Pmiies acknowledge that there m-e no other agreements, written or oral, that have not been set f01ih in the text of this Agreement. C. Severability: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. D. Modification: This Agreement may only be modified by written instrument signed by both Parties. E. Notices: Notices shall be in writing and delivered to the following addresses: CITY: RETAINED COUNSEL: Human Resources 345 Sixth Street, Suite 600 Bremerton, W A 98337 The Law Offices of Donald W. Heyrich PLLC Attn: Donald W. Heyrich Mm-ket Place Tower 2025 First Avenue, Suite 1150 Seattle, WA 98121 F. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed a waiver of any other right or power. G. Compliance with Laws: Retained Counsel shall comply with all applicable Federal, State and local laws in performing its obligations under this Agreement. H. 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. I. Attorneys' Fees: In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorneys' fees. VII. Nondiscrimination: Retained Counsel shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status, or disability, except for employment actions based on bona fide occupational qualification. CITY OF BREMERTON LAW OFFICE OF DONALD W. HEYRICH PLLC By: Cary Bozeman Its: Mayor Date: By: Its: Date: APPROVED AS TO FORM: RECEIVED FOR FILING: Roger A. Lubovich, City Attorney Carol Etgen, City Clerk R:\Legal\Legal\Contracts\HR\2008 Heyrich PSA.doc 2 EXHIBIT A Scope of Services for Chief Negotiator/Labor Relations Consultant The individual/firm retained by the City for performance of this work will be expected to provide the following services: + Review the current contracts, the City's initial proposals for successor agreements and suggest solutions regarding collective bargaining agreement provisions, in light of the City budget and operational needs and industry trends for the following bargaining units: 1. Bremerton Police Officers Guild (BPOG) 2. lntemational Association of Fire Fighters (lAFF) Local #437 3. Teamsters Local #589 . Meet with and advise the City Council, Mayor, Human Resources Manager, Police Chief and his administrative staff, Fire Chief and Assistant Fire Chief, and certain other Department Directors, as required and requested by the City, regarding labor policy and the status of. negotiations. . Under the direction of the City and/or its designee(s), shall represent the City as Chief Negotiator in negotiations, mediation, and interest arbitration as may be required and requested, in reaching settlement for successor labor agreement(s) with the aforementioned bargaining units. . During the collective bargaining process may be required to make formal presentation of recommendations to the Mayor and Department Directors/Managers as well as the City Council in Executive Sessions. 3 EXHIBIT B Fee Schedule for Chief Labor Negotiator/Labor Relations Consultant I. Hourly Rates: Attomeys: Donald W. Heyrich Thomas Affolter Paralegal: II. Other services/fees: Copies LD calls Travel expenses Computer legal research Postage $175.00 $155.00 $ .15 cents per page Actual cost Actual cost from/to Seattle via Seattle/Bremerton ferry, plus hourly rate for assigned attomey if actual work is being performed for the City while in route, otherwise Y2 hourly rate. Excludes travel via Tacoma/Narrows Bridge or other altemate land route. Actual cost Any cost over $1.00 4 DATE SUBMITTED: 7/16/08 BILL# 08- 174 7A AGENDA BILL CITY OF BREMERTON CITY COUNCIL ........................................................................................ Or-dA:~ iJ:>. 5053 SUBJECT: Public Hearing on Annexation Committee Meeting Date: 7/23/08 and Interim Zoning Controls for territory in COUNCIL MEETING Date: 7/30/08 the South Kitsap Industrial Area Urban Depm1ment: DCD Gro\V1h Area known as "SKIA North." Presenter: Andrea Spencer Phone: 360-473-5283 SUMMARY: Property Owners within the South Kitsap Industrial Area (SKIA) Urban Growth Area 1 (UGA) have requested that the City Council consider annexing their property to the City of Bremerton. There are currently two petitions that have circulated and they have been generally referred to as "SKIA North" and "SKIA South." After careful deliberation and consideration of the financial impacts, the Council took action on June 16, 2008 to accept the initial annexation proposals. By accepting the "10% Petitions" the Council allowed the annexation to proceed to the second phase of the petition annexation process, gathering of signatures for the "75% Petition." On June 18,2008 the City was presented with the 75% Petition for the SKIA North Annexation. The purpose of the meeting on July 30,2008 is to hold a public hearing and determine if the Council will pass the proposed ordinance and approve the SKIA North annexation. In addition to accepting the annexation, the ordinance also adopts interim zoning control of Industrial zoning designation, assigns a Council District for the territory and establishes an effective date for the annexation following the Boundary Review Board process. ATTACHMENTS: 1) Ordinance No. 5()~3 & 2) 75% Petition For Annexation of Territory Additional reference material (not attached, but previously provided to the City Council June, 2008): "City of Bremerton Financial Assessment for SKIA Annexation" The financial assessment can be obtained at http://www.ci.bremerton.wa.us/display.php?id=977 . FISCAL IMP ACTS (Include Budgeted Amount): Fiscal impacts for the annexation are contained within the "City of Bremerton Financial Assessment for SKIA Annexation" dated June 2008. APPROV ALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MA YOR: -~ CONSENT AGENDA D' GENERAL BUSINESS 0 PUBLIC HEARING [gJ RECOMMENDED MOTION: Move to pass Ordinance No.So53 annexing the territory within the South Kitsap Industrial Area Urban Growth Area known as SKIA North, establishing interim zoning control of Industrial zoning, and assigning a City Council District for the annexed territory. COUNCIL ACTION: 0 Approve 0 Deny 0 Table o Continue 0 No Action ORDINANCE NO. S-053 AN ORDINANCE of the City Council of the City of Bremerton, Washington, approving the annexation of celiain contiguous lands comprising approximately 150 acres in the South Kitsap Industrial Area (SKIA) Urban Growth Area (UGA) known as the SKIA NOlih annexation; requiring the assumption of all of the City's existing indebtedness by the area to be annexed; adopting interim zoning controls of Industrial zoning for the area to be annexed; establishing an effective date of the annexation; and designating a Council District for the annexed area. WHEREAS, on April 22, 2008, the City received a ten percent (10%) petition for annexation of territory to the City of Bremerton from McCormick Land Co. and Alpine Evergreen Co., Inc.; and WHEREAS, the initiating parties are the owners of one hundred percent (100%) of the property according to the assessed valuation for which annexation is petitioned, which is well in excess of the ten percent (10%) in value of the property required to initiate an mmexation into the City of Bremerton; and WHEREAS, the proposed area for annexation is located within an Urban Growth Area (UGA); and WHEREAS, on June 16, 2008, the City Council met with the initiating parties to consider the petition at which time the City Council 1) accepted the petition as presented with geographic modification to the area proposed to be annexed by the addition of that portion of State Route 3 adjacent to the proposed annexation area, 2) required the assumption of all existing City indebtedness by the area to be annexed, and 3) authorized the circulation of a seventy-five percent (75%) annexation petition as required by law to proceed with the proposed annexation. WHEREAS, on June 18,2008, the City received a seventy-five percent (75%) annexation petition for annexation of SKIA North to the City of Bremerton from the owners of one hundred percent (100%) of the property, excluding public rights-of-way, according to the assessed valuation for which annexation is petitioned; and WHEREAS, the area proposed for annexation is legally described in Exhibit A attached hereto and incorporated herein by this reference, and as further identified in the map attached as Exhibit B incorporated herein by this reference; and 1 Annexation - SKIA North Ordinance WHEREAS, the City does not have comprehensive plan and zoning designations for the area proposed to be annexed; and WHEREAS, comprehensive plan and zoning designations for the SKIA UGA is currently scheduled for the City's annual comprehensive plan amendment process for 2008; and WHEREAS, the City Council believes that it is necessary to adopt interim zoning controls for part ofthe annexation area pursuant to RCW 35.63.200 until such time as the comprehensive plan amendment'process is completed; and WHEREAS, pursuant to RCW 35.13.1822 residents and property owners in the area proposed for annexation have been afforded an opportunity to be heard during a public hearing on July 30, 2008 at the regular City Council meeting, and all statutory notice requirements for said hearing including publish in a newspaper of local circulation have been provided; and ' WHEREAS, on June 20, 2008, the City of Bremerton filed a copy of the seventy- five percent (75%) annexation petition with the Kitsap County Assessor's Office requesting sufficiency review and on June 27, 2008, the City received a Certificate of Sufficiency affirming \ consent of properties totaling more than seventy-five percent (75%) of assessed property valuation; and WHEREAS, the City of Bremerton will file a Notice ofIntent to Annex document with the Kitsap County Boundary Review Board (BRB) and official BRB filing date is pending, and tlle annexation may not be effective before the Boundary Review Board statutory review period has expired; and WHEREAS, City of Bremerton has prepared an analysis of the costs and benefits and the anticipated fiscal impacts to the City of annexing the SKIA UGA; and WHEREAS, City Council seeks to annex territories that contribute to the overall economic and social health and well being of the City and lead to an orderly and logical pattern of development; and WHEREAS, City Council finds that it is in the best interest of the City to approve the proposed annexation as presented, require the simultaneous adoption of the comprehensive plan for the area proposed to be annexed as set forth in this ordinance and require the assumption of all or any portion of City indebtedness by the area to be annexed; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: 2 Annexation - SKIA North Ordinance SECTION 1. There shall be annexed to the City of Bremerton, Washington, certain property situated in Kitsap County, Washington, commonly known as SKIA North which is legally described in Exhibit A attached hereto and incorporated herein by this reference, and as further identified in the map attached as Exhibit B incorporated herein by this reference. SECTION 2. The property hereby annexed shall assume and be subject to its proportionate share of the City's existing indebtedness and shall be assessed and taxed at the same rate and on the same basis that other property with in the City of Bremerton is assessed and taxed to pay for any outstanding general indebtedness of the City, if that indebtedness has been approved by the voters, contracted for, or incurred prior to, or existing at the effective date of this annexation. SECTION 3. The comprehensive plan and zoning designations for the SKIA UGA shall be included in the City's annual comprehensive plan amendment process for 2008 for review and designation as appropriate. SECTION 4. Pursuant to RCW 35.63.200, there is hereby adopted interim zoning controls of Industrial zoning as shown in Exhibit C, incorporated herein by this reference. As long as the interim zoning controls are in effect, all use and development shall be subject to the City's land use and development regulations in effect for Industrial zoning pursuant to Chapter 20.94 BMC. Based on the findings of fact set forth in the above recitals, the City Council hereby determines that it is necessary to adopt interim zoning controls for part of the annexation area. SECTION 5. The interim zoning controls will expire six months from the effective date of annexation as defined in Section 6 below, unless the interim zoning controls are shortened or extended by action of the City Councilor until the effective date of any ordinance establishing new comprehensive land use designations for the SKIA UGA, which ever is sooner. SECTION 6. This annexation will become effective October 1, 2008 or if Boundary Review Board jurisdiction is invoked, on the first day of the of the full month immediately following the expiration of the Boundary Review Board's review, whichever is later, and on that date, the annexation area shall become a part ofthe City of Bremerton, subject to all the laws and ordinance of the City except as otherwise provided by law. SECTION 7. Pursuant to RCW 35.13.260 within thirty (30) days from the effective date of this annexation as provided by law, the City Department of Community Development (DCD) of the City of Bremerton shall, under the direction of the Mayor of the City of Bremerton, determine the resident population of the annexed territory, which population determination shall consist of an actual enumeration of the population that shall be made in accordance with he practices and policies and subject to approval of the State of Washington's Office of Financial Management and which population shall be determined as of the effective 3 Annexation - SKIA North Ordinance l, date of this annexation as specified in this ordinance. DCD shall prepare a certificate signed by the Mayor and attested by the City Clerk in such form and containing such information as shall be prescribed by the State Office of Financial Management and the City Clerk shall thereafter submit that certificate in triplicate to the Office of Financial Management together with the population determination of the annexed territory. SECTION 8. Upon passage of this annexation ordinance, the City Clerk of the City of Bremerton, pursuant to RCW 35.13.150, shall send to the Office of the Clerk of the Kitsap County Board of Commissioners a certified copy of this ordinance. SECTION 9. City Council District. Upon the effective date of mmexation, the property annexed by this ordinance shall be assigned to Bremerton City Council District 8. SECTION 10. Severability. If anyone or more sections, subsections, or sentences ofthis Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining pOliion of this Resolution and the same shall remain in full force and effect. SECTION 11. Effective Date. This Ordinance shall take effect and be in force 10 days after the date of publication. day of PASSED by the City Council of the City of Bremerton, Washington this_ ,2008. WILL MAUPIN, Council President Approved this day of ,2008. CARY BOZEMAN, Mayor APPROVED AS TO FORM: ATTEST: ROGER A. LUBOVICH, City Attorney CAROL ETGEN, City Clerk PUBLISHED the EFFECTIVE the ORDINANCE NO. day of day of ,2008 ,2008 R:\LegaI\LegaI\Files\Current Active Files\SKJA\Annexation Ordinance-SKJA North.doc 4 Annexation - SKIA North Ordinance EXHIBIT A LEGAL DESCRIPTION OF TERRITORY PROPOSED FOR ANNEXATION TO THE CITY OF BREMERTON (SKIA NORTH) The northeast and northwest quarter of the northeast quarter of Section 12, Township 23 North, Range 1 West, Willamette Meridian, situate in Kitsap County, Washington. Together with that portion of the southeast quarter of Section 1, Township 23 North, Range 1 West, Willamette Meridian, situate in Kitsap County, Washington more particularly described as follows: Beginning at the southeast corner of said Section 1, also being the True Point of Beginning; thence westerly along the south line of said Section N 84051'41" W 1976.03 feet to its intersection with a line delineated by survey in Volume 8, of the book of surveys, Page 125, records of Kitsap COlmty, Washington; thence N 43058'23" W along said line to its intersection with the easterly right of way for SR 3; thence generally northeasterly along said right of way line to its intersection with the east line of the northwest quarter of the southeast quarter of said section; thence southerly along said east line to the center of the southeast quarter of said section; thence along the north line of the southeast quarter of the southeast quarter of said section, S 85048'24" E to a point 732.73 feet west of the northeast corner of said southeast quarter of the southeast quarter; thence S 8011'30" E 110.79 feet; thence S 36015'46" E 94.25 feet; thence S 25016'38" E 106.42 feet; thence S 60039'06" E 73.25 feet; thence S 24059'37" E 101.49 feet; thence S 59032'22" E 64.82 feet; thence S 41019'10" E 49.91 feet; thence S 14002'30" E 49.04 feet; thence S 22017'19" W 285.52 feet; thence S 61006'30" E 108.47 feet; thence S 84041'14" E 71.12 feet; thence N 67027'10" E 79.96 feet; thence S 84054'57" E 51.37 feet; thence S 57048'37" E 47.01 feet; thence N 87059'38" E 130.06 feet; thence S 47051'41" E 62.14 feet to a point on the east line of said Section 1; thence southerly along said east line to the True Point of Beginning. Together with that portion of SR3 adjacent to and abutting the above described property. EXHIBIT B PARCEL MAP OF TERRITORY PROPOSED FOR ANNEXATION TO THE CITY OF BREMERTON (SKIA NORTH) Exhibit ~I f "-'--'7 ,~ City Limits ~J'!r · i!! II""""",. Af,,,, t ij1~ ; .J. -~",#'~",,, '/!~-'<./ ~"'.."...... ,_ . 1" Ii' ~i '- ':' lr.::!~tf,r, . II. ~'="''''''''''''''''''=''''''''''''""",,,_,,,,,.J! g ~ H ~ ~ ~" jj ~ ~ ~ ij ;; ~ i1 j~ ~ If !f ...~ :0..#" .' #-i!:-" ..#....\... " ,# #' ;' , IT ~/' ~ k.. ~ '" Ii ., ~ 9'-" ~ r ,fi /" , , ~ ~~ J~ ii ' fi'c? ~ ~ .I~' # u <fi;#~ I /r u tr..q,t. . . ., 'y ~ ,#i;r?: ... ii ...",~ J "I.p.r\.JWUI"l)I~ #" ~ .....,.r!_,;l~.~.. ~...".p ,- !! !f u ij " . ~l;;;:',,:;'i ;;;;;:iH=':"'i.~~,.-.; li.Zl.11 ;;;;'JIHe:: UU:::ll,1 :l:.elnc::ca,oOit.n =jj / /Ib ~ ~ !f ii .. ~ ~ i 1!I.o1&:"'i=t1L'i1:l; M ~ ~m:"II,~,j~il" II [! I! if ~ !! l~l !:~!;;e';;; ";~~~I~4mllJ=l, !! - ~ Legend N A Annexation Area ~IIR:!lMt= E ! SKI A UGA lblllMfIIl..r < City Limits The C!tv of 8remerton do~ not warrantthe ,3ocuraGy of'thl$ information or mapping, IAItl1011 should notbe relied upon ~~ithout independent verificatiorl of aCClJfac.y. The user a$surnes: all dsks: relater:Jto (d arri::if"lg flOm,the use oHh:; information or mapping. EXHIBIT C ZONING MAP INTERIM ZONING CONTROLS OF INDUSTRIAL ZONING (SKIA NORTH) <<<~"'i ~~ tl j to/ Ii elll_lll Ii .' i~'; . _"liWmMll1*fl$lillfl_IU_IH" ~ " '~, :l"l%l.flllllp.. __"m. ,','m 'W' ",.mm.... r.."'....J! ..,,,,I ~ i' .......1 A ~.r i " :..~ " ii IJ...~ ' ',;:'; ~ ~ lzallli f City Limits !llt";",;';if.' ! ! f ~ ~ ii ~1"'I'tan!."'; i .r , !I!"lltlllll"ll~ ~ j i i j ! iUI__I~I_m.111"'11"'H1. ~ , i ! ! i .< I J ~ ,.' *," /~ .~ .+/ /~ '" .., .., ...'t;>.........".... t. . . /#- ~ ".}..., " .,.,.W1"ir.tMfUl.t1ll!ltrt.-. _"r#' ! nr.l~~' .~ ii .fl""'!~l!.II!_ .' ,; "1_11>W-:ttl!t"JQJ!".II~gl!{ll'rIlI~ If,..! tl_~ I SKIA North designated with Interim I Zoning Controls of Industrial Zoning ......................... on..""...... ! !, , ~ ~ ! ~.. ! j , i i ~ .......~ ,,# ...\.~ ~+'< #' ,-..'\!. ,,# #' ~.... #,'. #" tf ,,f; . ""~. . .....1> ~~ i".....# #' ~,,,,," ~.< . ! ! ! !! i ;; ! ~ ~~< .~ Legend N I~ I Annexation Area 1f11.,Il'-b c ! SKI A UGA 11.111.:1111' r A City Limits Th€ City o18remerton does: rlotwarrantthe ac.c.uracy ol'thls information or mapping, IfIltdch should I"IOt be relied upon without indep-=ndBrr! \feriflcation of accurac'J. The user assumes. all risks f~latedto or arrisins from the use ofthis mformatlon Of mapping. PETITION FOR ANNEXATION Ofl' TI~RRITORY TO CITY OF BREMERTON (SKI A North) City Council City of Bremerton 345 6th St. Suite 600 Bremerton, W A 98337 ;:i~~ ~ C~~aL ~. !EO, ~f/1 Re: SKIA North Annexation - (Alpine Evergreen Co., Inc. / McCormick Land Company) Dear City Council members, We the undersigned, who are the owners of not less than 75% of the value of property, according to the assessed valuation records for general taxation purposes of the Assessor of Kitsap County, of the following described real property situated in Kitsap County, Washington, respectfully file this Petition for Annexation of Territory to the Ci ty of Bremerton ("Petition") pursuant to RCW 35.13.130 requesting that said real property be annexed to the City of Bremerton, Washington and we respectfully state as follows: ]. The area proposed to be annexed to the City is more particularly described as per the legal description attached hereto as EXHIBIT A and made pmi of this Petition. 2. A plat map outlining the boundaries of the real property described is attached hereto as EXHIBIT B and is made a part of this Petition. 3. The said area adjoins the existing boundaries of the City of Bremerton and is in Kitsap County, and is within an Urban Growth Area. 4. On June 16, 2008 the Bremerton City Council met with petitioners representing owners of not less than 10% of the value of propeliy, according to the assessed valuation records tor general taxation purposes of the Assessor of Kitsap County, of the following described real property situated in Kitsap County, Washington, and City Council passed Resolution No. 3063 approving commencement of annexation proceedings. 5. Document certification of corporate authority to execute this petition is attached hereto as EXHIBIT C and is made a part of this Petition. 6. The undersigned Petitioners respectfully request that the City Council of the City of Brcmerton entertain this Petition and fix a date for a public hearing as per RCW 35.13.140. The undersigned Petitioners respectfully request that the City Council pass the proposed Resolution/Ordinance accepting and approving the proposed annexation and authorizing a filing with the Boundary Review Board of a Notice ofIntent to Annex the described property. S/UA North 75% Annexation Petition P[i:TITION FOR ANNEXA TlON OF' TERRITORY TO CITY OF BREMERTON (SKIA North) WARNING Every porson who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seeking an election when he or she is not a legal yater, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any nl1se statement, shall be guilty of a misdemeanor. 1) McCormick Land Company Tax Parcel Num r(s) 01230 ]-4.0 15- J 004, 01230 J -4-025- J 002, 12230 J .1-009-1 005, 122301-]-0 I 0-1002, 122301-1-007-] 007, 122301- J .008-1 006 Date '-I ~~_~. ~4) 6 By: Doug l robut, President McCormick Land Company 4978 SW Lake Flora Road Port Orchard, W A 98367 AFFIBAVIT OF McCORMICK LAND COMPANY STA TE OF WASHINGTON ) ) 5S. COUNTY OF KITSAP ) COMES NOW, Doug Skrobut, who, being first duly sworn upon oath, deposes and says: I am the President of McCormick Land Company, a Washington corporation and am duly authorized to sign the petition for annexation on behalf of ch c oration. Doug Skrobut SIGNED AND SWORN to before me this ~ day of .:J:.~Y'! t Skrobut, President of McCormick Land Company. , 2008 by Doug , ,,-,,\\\\ \ \\ III .,~ \)r:~ II ~~" 'i'~B." t;;;Gf2; I, ~^' '1..~ ;>/""\\\\\\\\Ilf t)l III ,~;:. '* ~...~ ~O\'l EXA II/I 'l :::. i:<!_", q, ~ (I" i/ ::: l!/ i~,;? 04., "''R r ~I,; 1-: :: ;:;~;: ~ ~ ~ ::: ~~ . S;z~ ~ ~o r;:O' ':i;() ,,'>:i i-"- ::: "/ ~ j."lJu\, <0 :::' (" ::::: ;( I, V \"_ ,~._ 'if \S,II/II 1.06'. ",,;;;~;:.~ f r 11 1 r " .~, ~ I, "1 fhl\I'"'''''' " 0;...-:'::' 1111 t: OF \1.1 "; ,,",'- l t \ 1 '- \;\\ ;.~.\:-,...~\, '. ~ Notary Public in a for the State of Washington, residing at -VOR,. (') ~\:V'ii.lO-_.~ ~ My appointment expires:_.J...::....Qb.~ '0 2 SKIA Nortlt 75% A11nexation Petition PETITION FOR ANNEXATION OF TERRITORY TO CITY OF BREMERTON (SKIA North) WARNING Every person who signs this petition with uny other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seeking an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. 2) Alpine Evergreen Co., Inc. Tax Parcel Number(s) 01230 1-4~016-1 003,012301-4-013-1006,01230 lA-O 12-1 007, 01230 J -4-0 I 7-1002 ~'K: ~..- -~ .::::J. By: Rod Reid, President Alpine Evergreen Co., Inc. 7124 State Highway 3 SW Port Orchard, W A 98367 Date 4:,- (7.- () li_,____.__......._. AFFIDA VIT OF ALPINE EVERGREEN CO., INC. STATE OF WASHINGTON ) ) 55. COUNTY or KITSAP ) COMES NOW, Rod Reid, who, being first duly sworn upon oath, deposes and says: I am the President of ALpine Evergreen Co., Inc., a Washington corporation and am duly authorized to sign the petition for annexation on behalf of such corporation. <-~ K,.l 4~ ""->--..1\ . ___..____~__...~,_ ... :..... ... ..., ". ,. m m _~______ Rod Reid SIGNED AND SWORN to before nqe this iZ.. day of /~ Reid, President of Alpine Evergreen Co., luc ~~ i: I ---:;) ,\\\\\\1"11/11: 'tJ~ .' ~ ~ ..,,':'~~~5).? 0:~ ;~~':/"" - ota;.y-P---- iC~' rand for to~ State- of Washington, "'" y"'" ~<-'tY'/? . . Y_',,...,;!. I~) 1 f <:) ,-,' ,\ \ '.' " · > .~ resld mg at __ 1<d:._ :';{'t ~~ ~ ! .' ,:;<' '.., ~ My appointment expires:.__ ;2.t.. .w ~ .; ,. -,:0>>: ;::. ,'~ / ~ 1 ::?~ ~:;tP~ ~()E -; o#~\ \\f ' 6~ />-~!i . <If' ~ ..1 Yr~:"o,- ~,;;:'";),;. '~'X~:-~:..":: "/~?:::.:,~!,~ .. \,.: ;,(;;)~:~t;:~ ~junnHi~\" , 2008 by Rod 3 SKIA North 75% Annexation Petition EXHI BIT A LEGAL DESCRIPTION OF TERRITORY PROPOSED FOR ANNEXATION TO THE CITY OF BREMERTON The northeast and northwest quarter of the northeast quarter of Section 12, Township 23 North, Range 1 West, Willamette Meridian, situate in Kitsap County, Washington. Together with that portion of the southeast quarter of Section 1, Township 23 North, Range 1 West, Willamette Meridian, situate in Kitsap County, Washington more particularly described as follows: Beginning at the southeast corner of said Section 1, also being the True Point of Beginning; thence westerly along the south line of said Section N 84051'41" W 1976.03 feet to its intersection with a line delineated by survey in Volume 8, of the book of surveys, Page 125, records of Kitsap County, Washington; thence N 43058'23" W along said line to its intersection with the easterly right of way for SR 3; thence generally northeasterly along said right of way line to its intersection with the east line of the northwest quarter of the southeast quarter of said section; thence southerly along said east line to the center of the southeast qumter of said section; thence along the north line of the southeast quarter of the southeast quarter of said section, S 85048'24" E to a point 732.73 feet west of the northeast corner of said southeast quarter of the southeast quarter; thence S 8011 '30" E 110.79 feet; thence S 36015'46" E 94.25 feet; thence S 25016'38" E 106.42 feet; thence S 60039'06" E 73.25 feet; thence S 24059'37" E 101.49 feet; thence S 59032'22" E 64.82 feet; thence S 41019'10" E 49.91 feet; thence S 14002'30" E 49.04 feet; thence S 22017'19" W 285.52 feet; thence S 61006'30" E 108.47 feet; thence S 84041'14" E 71.12 feet; thence N 67027'10" E 79.96 feet; thence S 84054'57" E 51.37 feet; thence S 57048'37" E 47.01 feet; thence N 87059'38" E 130.06 feet; thence S 47051141" E 62.14 feet to a point on the east line of said Section 1; thence southerly along said east line to the True Point of Beginning. Together with that portion of SR3 adjacent to and abutting the above described property. 4 SKIA North 75% Annexation Petition EXHIBIT B PARCEL MAP OF TERRITORY PROPOSED FOR ANNEXA liON TO THE CITY OF BREMERTON .. 1 i i I I i ! I i i i I I I I I I .. .. 1 I I i I i I I i ! )! I ~..\.,~; I .0''' &S I ,>,<t'\ 1 ~' I ~,i<;o. I ,If "tt-" I ,#' ,,p.'" I <t-'x i i/O"~ I ,r I (," I ~' I ~iV,?l' I ii I i i I ~...\~ l" !! ....;..:/1' .. [I r-t ii ," J ,/,>J""'~'!i!<'/'< .... \~..l! r:::'~~"@' City Lirnits -:;:;:~~/{F '. \,. L~ ii Ii 11 ".:.,...,. ii, Ii '.'" "",;':'="'""",,,,, ""'''''''''"'''''''""."l: ' SKIA ii l '! c r North I,' !' ~"-:_''''''''''':'''''~.:.....:"J H 'I ii !i !I 1) ii I: ';\~ ~:~ lr~'''~'~'~) ii ir;~;.;:...\,;,,,,,..,J II ~ ~! Ii il ii ":::::'!':::~'!~'~'~ ."::1',:'llc7 ii i! if H !~ !! i!;::; i,~:';':~:.;~ :.~ ~; ~ ;',~.> :.:;,; ~:.;:=': ~~ :';,.,:: ,:..:::..~,-; :,Ji I! ;f Ii :1 U II I! .cfi ..~~'\.(... ,,,,,,,,~,c,,,,:p"";:." ",:~;~t:r' ...vt.:'" """"" ,,,,,,,,,,,,,.,,,.,f/'f''';'' fr''o"-"..;;;","",,,- Legend A ~Hllal: ijIH#I'.F~~;q.t\ l}(; n. : (.r!~/ Lunr!::- : H~ '".;\, ; rf ;-:.,~I'~l :J:.., 1:,II.I~:'lll" i ~';~;j ~t;'::~~! ~ ~:t :~~?:.;~ ~l~;~;~~~:i'::::~:~ ~ 1 e~: ~~~:l~~li~\~~{:~'r;~JI~~ t;~I.' q.of \i~ .~Ttl, ..".-".. ... 5 SKIA North 75% Annexatioll Petition EXHIBIT C DOCUMENT CERTIFICATION OF CORPORATE AUTHIORITY TO EXECUTE PETITION (Attached) 6 SKJA North 75% Annexation Petition Consent To Action In Lieu Of Special Meeting Of The Board of Directors Of MCCORMICK LAND COMPANY, INC. Pursuant to RCW 23B.08.210 of the laws of Washington, the undersigned, being all of the directors of McCormick Land Company, Inc., a Washington corporation (the "Corporation"), hereby consent to and take the following action without a meeting: ELECTION OF OFFICER RESOLVED, that the following person is elected to fill the office set forth opposite his name, such officer shall serve until the next annual meeting of Directors or until his successor is duly elected and qualified: Doug Skrobut President FURTHER RESOLVED, that the President is hereby authorized to sign any and all documents relating to the sale or the acquisition of real estate bv the business. /? v ~/ . ~// ..1._. / ' Dated:.:.. ' ~, 2005 . ~~4~-,.- e Hoo~r Dated: ,1LL~ I 05 , 2005 -=..~". :_,_ti9~ ::st vO,bct-' ., ( ) Ann T. Hooker Skrobuf ~ Dated: lh C5 00 ,2005 \[~\ VU ~~ ~4QJ tv fY1Ceit()ltD I ~-~{tN:lWjd~ I, . Dated:_L1!r!or",2005 ~_ ..', ...~ Sus I. Hooker Barker 1/ Dated: I'Z1 'Vlo:5 , 2005 ,..v I I Elizabet G . Hookel' Hendry STATE OF WASHINGTON COUNTY OF KITSAP I certify that this is a true and correct copy of a docurnc~nt 1.n the possession of McCormick Land Company as of this date, ~r: d111lb \I ~ 7 (\Qjf) IU ,.....1./ It) , ( ,-' '--.----.........-- ,,,,,'\\\\\\It, ~>;. w\E k ilft ..., ~,;;""\\I\\il D..& III :;;: ..:--::",SSIOt\' Illi/'ik~ ;: ~\'<' OT ~J!', 'ft\~ ;: _ ,4 "'1> ~~V!~ ~;o ~ ~~~~ ~ r """ '-~;,r ::f (f)~ >; ". rn~:; ~...-\~ ~ (;)E ::; ~.<,..~ (.I r, -- 'i. ~'" 7 81 \v :...... ~ ..<-'If I !'Ot:.~'Oa ~~~.i! z 1'1 v ~ ,"1:,.-.-.-' ( '.., II/;O,.e. Illi\\\\\\\\,,, (~:\:y.:.:" '1 WA l1fJ\M0 ,":- 11l1/lUll\,:',...., \\~'\\\'\' (} 11" . _Ji1LJ/tt/tAJL ~:J2LCLtU81f1/~___,._._ Print Name; !1/1e.1t1Y1! f~__b__f20i:1 i <;{) N,,_.__ dated Notary Public in and for the State of I'lashington n. /L . \ I'" ~ ' ..,I Residing aL ,yrZLV T D V C ~ l(l,y....C.,_-:~ ,__~ .... , ,....., , r,., livOt1 My Commlsslon expH'es: ~_..Ll___.....:......_...._...< ..._....__.., SEADOCS:211479,[ CORPORATE RESOLUTION OF ALPINE EVERGREEN COMPANY, INC. WHEREAS, at a meeting of the corporate Directors of Alpine Evergreen Company, Inc., a Washington corporation, held on the 16th day of June, 2008, at , which a majority of the elected Directors were present, the following resolution was presented and unanimously adopted: WHEREAS, Alpine Evergreen Company, Inc., has requested that certain Alpine property be annexed to the City ofBremerton, Washington, and WHEREAS, the Board of Directors wishes to authorize its President, Rodney P. Reid, to sign all instruments and take all actions necessary to annex Alpine real estate to the City of Bremerton: NOW, THEREFORE, it hereby is RESOLVED as follows: THA T the President of Alpine Evergreen Company, Inc., RODNEY P. REID, is authorized to sign all instruments and take all actions necessary to annex Alpine real estate to the City of Bremerton II ADOPTED at Bremerton, \Vashington this _l:w-r1~day ofJune, 2008. ALPINE EVERCREI~N COMPANY INC. '-_..~'" C':'> ~ ~ <. ./ 0 /' cr~ By: ___-==-____.. "-, RODNEY P. REID, President Attested: ~L rJ 1 ----..,.. --....~f-..._m.~......_.._-..-..._-_.__...... JERR . RElk(! Secretary STATE OF WASHINGTON) ) :ss COUNTY OF KITSAP ) On this/&:~ay of June, 2008, before me personally appeared RODNEY P. REID and JERRY REID, to me known to be the President and Secretary of ALPINE EVERGREEN COMPANY, INC., that executed the foregoing Corporate Resolution and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute the said instrument. Witness my hand and official se,af h reto affixed the day and year first above written ""., I"!, .,,,,,,, ,,' till :-..,": \ ,'\ , '. :1"1; ~Ox~,;;, ". ":01\ ~..". ..~v &!ill; ... ,J' 0 ..\" ,\ ;" ",' ~ ::: ~. ,'" I ~ I ~ f t" ~ ..... . . ~ :: : Exp. (1f)~, '} ~,~..Q] : ~! ::(/): :~;: ~:A'. p U 8 L \ G :f?~ ",,")7~o. "/'A :::;; -:Z""'''''', . ~v ':' ~"O<:''''':~\'' ~ "'// f: WA<2'/(\\\" IltlliltII H\\\\ r~ 4. ~_...__.....___ l'i te arne: JOl-IN A. BISHOP T ARY PUBLIC in and for the State of Washington, residing at Bremerton My appointment expires: 09/18/2008