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Home My WebLink About01/20/2010 AGENDA i � �� , i N � � � � ! --------==� � C{�JC�57 C�0 � p ° �Gn �;1 C�.`� CITY COUNCIL 345 6+� Street, Suite 600, Bremerton, WA 98337 ❑ Phone (360) 473-5280 ***AMENDED*** JANUARY 20, 2010 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. I nvocation 3. MAYOR'S REPORT 4. PUBLIC RECOGNITION � ANNOUNCEMENTS 5. CONSENT AGENDA A. Claims & Check Register B. Minutes of Meeting — January 6, 2010 C. Minutes of Study Session — January 13, 2010 D. Approval of 2010 KiTSaP PHYSiciaNS SERViCE (KPS) Premium Rates and Underwriting Criteria E. Purchase of Easement from Roger Aiken for Water Service Line F. Approval of proposed Schedule 74 Conversion with Pu�ET SouN� ENER�Y in conjunction with the Manette Bridge Replacement Project G. Resolution No. 3104 to change the name of Magnuson Way to Schley Boulevard H. Resolution No. 3105 authorizing the City of Bremerton to execute American Recovery and Reinvestment Act (ARRA) Drinking Water State Revolving Fund (DWSRF) Loan Amendment B for the UV Treatment Facility Project I. Resolution No. 3106 authorizing the Extension of Existing Letter of Credit with Revenue Bonds, 2003 (Kitsap Regional Conference Center Bank of America, N.A. relating to the City's Weekly Rate Demand Parking Garage) J. Resolution No. 3107 authorizing an Interfund Loan to the Harborside Plaza and Commons Fund from the Water Fund 6. GENERAL BUSINESS A. Resolution No. 3108 supporting the submission to the voters to renew the Bremerton School Support Levy for Tax Years 2011 to 2014 B. Approval to hire Director of Financial Services above Step 1 of the Pay Band; and to confirm her appointment to the position C. Motion to amend the Design/Build Agreement with Di��oN WoRKS! INC. for the sculpture at 4"' 8 Pacific Avenue to have the fish catching the fisherman 7. COUNCIL MEMBER REPORTS 8. EXECUTIVE SESSION — 15-Minutes to provide an update on a aReal Estate Acquisition" per RCW 42.30.110(1)(b) No action anticipated... 9. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING � Americans with Disabilities Act (ADA) accommodations provided upon ►equest Those requiring special accommoda6ons should contact the City Clerlc's Office at (360) 473-5323 by noon on the Monday p►eceding the Council meeting. . COUNCIL MEETING SPEAKERS LIST PLEASE PRINT YOUR NAME BELOW IF YOU WISIT YOUR COMMENTS TO BE INCLUDED IN THE RECORD `� / � � �,. � i-� ►�-i M- L � �2 . _. REQUESTS FOR INFORMATION MUST BE SUBMITTED IN WRITING TO THE CLERK THANK YOU DATE SUBMITTED: 1/20/2010 AGENDA BILL �A CITY OF BREMERTON CITY COUNCIL ..............................�............................................................� SUBJECT: Committee Meeting Date: COUNCIL MEETING Date: January 20, 2010 Claims & Check Register Department: Financial Services Presenter: Cathy Johnson Phone: 473-5296 SUMMARY: Consent Agenda item. Approval of checks and electronic fund transfers. ATTACHMENTS: Check Register. FISCAL IlVIPACTS (Include Budgeted Amount): APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: CONIlVIITTEE CHAIR COUNCIL PRESIDENT: CONSENT AGENDA � GENERAL BUSINESS ❑ PUBLIC HEARING ❑ RECOMMENDED MOTION: 1) Check #'s 335505 through 335860 and EFT's 9465 through 9517 and 1001 through 1002 in the amount of $3,834,859.92. 2) Regulaz Payroll payouts and corrections for the pay period ending December 31, 2009 in the amount of $64,493.15. COUNCIL ACTION: � Approve ❑ Deny ❑ Table ❑ Corrtinue ❑ No Action I�\ I I �( I�\11 I I I I� �(:1�:AU � 1311.1. � �� c IIl' �>I� !�(Z(:\�iI fl I(�\ ('I I l� ('c�l \c il .......................................................................................� til�l;.11�:('7�: ('it� ('� \l��tin�� \l�nut�•s t �� 1��in;.: f)c�t�•: \� \ I�,r nt��tin�� I� _.. - ---- ---- ��,� �� it �ii i�. i i`� � i�:��: �avtc,�ar ao, _�o lo �QVllrl.a.r �p, �O l � �)�� c�ii� c�„tii,�'il ------- Y f'r�s�nt�►': �,''i�•k 1� ullor�l, c'��ui�ril f' rc;si�l�n t I'h� �3��1) -�73-�?SO ti�;.�1�1.1RY: .�tt<<rh��l is thc summ�u�y uf thc ('it� C'��un�il :�l��tin�; h�l�i �G`v�t�lO�rY �� 2o I o .�TTACHNIENTS: �icetin� Minutes for J"' � y �� a I o fi ISC��L 1l�iPACTS {[nclucie Bud�eted Amount): N; A :�PPROVAI.S: DEPARTMENT DIRECTOR: C�«i� Presicient C'fTY ATTORNEY: N/A PINANCE D[RECTOR: N/A i�1 A YO R: N/A c'O��1'�IITTEE C'I-I��IR ��'A c'O(_;N('f[., PRESIDEVT: _ — - -- ------- � - ('O�SEtiT ,1GENDA � - - --- � I ; c �f:\f:R:�l_. l3US[�ESS ❑ I � I'( I3LI(' i_IE::1RItiG --- I - ] ! ii�•:c�c�.�i�iH:`t�H:t� ��o�ric��v: � - \I„� �• t�� ,i��ir��• in��tin;.; n�inutcs ,is ��rcti��nt�•�i. ('O1 \('ll. �('I�1O\: `_j ��i��ru�� l: I -' I,ihl�� j_, �'unl�nu�� '�iu.��ti��n DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wednesday, January 6, 2010 Tf�e weekly meeting of the City Council of the City of Bremerton was cailed to order Wednesday, January 6, 2010, at 5:00 PM in Council Conference Room 603 of the NoRnn DicKS GovERNMEtvT CENTER 345 6"' Street, Bremerton, Washington, with Council President Cecil McConnell presiding. Councit Members present were Nick Wofford, Will Maupin, Carol Arends, Dianne Robinson, Greg Wheeler, Roy Runyon, Adam Brockus, and Jim McDonald. Also present were City Attorney Roger Lubovich; City Clerk Carol Etgen; and Legislative Assistant Lori Smith. A Swearing-In Ceremony was held at 3:30 PM in the Meeting Chambers for Newly-Elected Mayor , Patty Lent and Council Members Jim McDonald and Greg Wheeler; Re-Elected Council Members Adam Brockus, Carol Arends, and Nick Wofford; and Municipal Court Judge James Docter. A CouNCi� BRiEFirv� was then held to discuss General Council Business at 5:00 PM in the Council Conference Room. At 5:30 PM the meeting moved to the Meeting Chambers. The Pledge of Allegiance was led by Council Member Jim McDonald followed by the invocation provided by Reverend Ron Anderson of Manette Community Church. COUNCIL OFFICER ELECTIONS President McConnell opened nominations for Council President/Mayor Pro Tempore. Will Maupin nominated Nick Wofford Dianne Robinson nominated Rov Runvon 05:36:05 City Clerk Carol Etqen counted the ballots: Voted for Wofford: McDonald, McConnell, Brockus, Wheeler, Arends, Maupin, Wofford (7 Votes) Voted for Runyon: Runyon, Robinson (2 Votes) Nick Wofford was elected Council President/Mayor Pro Tempore for the year 2010, received the gavel, and was then seated as the chair. President Wofford then opened nominations for Council Vice-President. Jim McDonald nominated Will Maupin Rov Runvon nominated Dianne Robinson 05:39:10 City Clerk Carol Etqen counted the ballots: Voted for Maupin: McDonald, McConnell, Arends, Maupin, Wofford (5 Votes) Voted for Robinson: Brockus, Runyon, Wheeler, Robinson (4 Votes) Will Maupin was elected 2010 Council Vice-President. MAYOR'S REPORT — Mayor Patty Lent... • Introduced Pam Bykonen, Community Development, who described the artist selection process for the new banners to be installed along Pacific Avenue beginning next week; and local artist Lisa Sterett was present and thanked the Council''for their support of the arts; • Presented a plaque to Parks Commission Member Wanda Butler for her 20 vears of service to the City; and welcomed Christopher Warthen as the new member of the Parks & Recreation Commission who will be replacing Wanda Butler; • Presented an Employee Appreciation Award to Dan Heistad, Public Works & Utilities Sign Shop, which was accepted on his behalf by Colin CoreV, Supervisor; • Recognized Kurt Weist, Executive Director for the Bremerton Housing Authority, for his work in support of Bay Vista Commons that provides assisted living services for low income seniors; and • Encouraged the community to support the Bremerton School District Levy which will be on the ballot in February. City Council Reg. Mtg. Minutes Wednesday, January 6, 2010 Page 2 of 3 PUBLIC RECOGNITION 8� ANNOUNCEMENTS Tom Lonq provided comments in support of the fish scuipture, but wouid prefer to see the whimsical conception first proposed with the fish catching the fisherman. Garv Cunninqham also supported the fish sculpture but agreed that the fish should catch the fisherman. Bill Brouqhton asked the Council to reconsider the fish sculpture but agreed that the fish should catch the fisherman. Jane Reblowski was disappointed that the input from the Arts Commission was not considered when a decision was made to select the fish and fisherman sculpture. Colleen Schmidt is part of a group that used the efforts of neighbors to provide neighborhood improvements, and asked the City to stop applying for grants from the state to purchase exotic plants, trees, and whimsical art. CONSENT AGENDA A. Check Numbers 335270 through 335504; and EFT-9421 through EFT-9464 in the amount of $1,291,908.62; Regular Payroll in the amount of $761,048.19 for the pay period ending December 15, 2009; Regular Payroll in the amount of $783,928.65 for the pay period ending December 31, 2009; and Retiree Payroll in the amount of $78,887.77 for the pay period ending December 31, 2009 B. Minutes of Meeting — December 16, 2009 C. Appointment of Christopher Warthen to the Parks & Recreation Commission D. Reappointments of Terry Boyle and Richard Nerf to the Parks & Recreation Commission E. Approval of Property Insurance through AFFiuATE� FM ItvsuRarvcE for 2010 F. ; Item was pulled... 06:06:41 M/S/C/U (Runyon/Brockus) Move to approve the CoNSENT AGEtv�A as presented. 06:07:15 Council recessed for an Executive Session (extended 10 minutes) to discuss a "Rea/ Estate Acquisition"per RCW 42.30.110 (1)(b) and "Potential Litigation"per RCW 42.30.110(1)(i)... Action is anticipated.. . The Council Meeting was reconvened at 6:31 PM. GENERAL BUSINESS 9A - PURCHASE OF REAL PROPERTY LOCATED AT 190 PACIFIC AVENUE FOR DEVELOPMENT OF THE 1& PACIFIC PLAZA ' 06:31:45 M/S/C/U (Maupin/Arends) Move to authorize the purchase of real property located at 190 Pacific Avenue for development of the 1 S ` & Pacific Plaza and to authorize the Mayor to finalize and execute the Purchase and Sale Agreement with substantially the same terms and conditions as presented and further to execute and any all other documents necessary to complete the purchase of said property. COUNCIL MEMBER REPORTS Jim McDonald looked forward to the next four years serving on the Council. City Council Reg. Mtg. Minutes Wednesday, January 6, 2010 Page 3 of 3 Cecii McConnell commented that he was not always happy to see a new year but after everything ihat happened last year he was happy to see it end. Adam Brockus reminded citizens that the City of Bremerton has a tree disposal program. For more ir�formation, please visit the City's website. Rov Runvon welcomed new Council Members McDonald and Wheeler to the Council and looked forward to working with them. Greq Wheeler looked forward to new challenges and believed that serving as a Council Member is an honor. Dianne Robinson was also happy to have the two new Council Members join them, and congratulated Council President Wofford and Council Vice-President Maupin on their elections. Carol Arends encouraged people to visit downtown for the First Friday Artwalk and looked forward to the new year. Wi61 IUlaupin welcomed the new Council Members and also looked forward to a good year. Nick Wofford will look to past Council Presidents for their wisdom. With no further business, President Wofford adjourned the Council Meeting at 6:36 PM. The Council reconvened in the Council Conference Room for a STU�Y SESSioN for a briefing by the Council President and to discuss General Council Business. Prepared and Submitted by: r � LORI SMITH Legislative Assistant Attest: CAROL ETGEN, City Clerk NICK WOFFORD, City Council President NW:CE:Is:cg ��\ I I �I I�\11 I i I 11 �(;I�:\1) 1 lill.l. C c'i l l' c�(� I�IZl�.�1f IZ l c�\ ��Iil'�'c)( \c�ll. .......................................................................................� `1 I;.If�:t'�l': ('il� ('� �l��tin:� �linut��, ('� \1��tin�.: I);it�� \ � I��r n��•�tin`, ��f� � c�l \� II \II I I I\� � I>a��: ?' -- - - - -- a Y� l�c�� P,- -2 0! O Sah uarr � 3, �2 0 � o i��,,:��„��,�: c��,_ �_,��_�--------- �'r��►�t�r: �irk 1��,t�fur�i, - ( '��unri I l'r�si�l�nt I'h� � ;��i►1-� til'�I�I:�RI': .�tt .ICI1�lI IS lI1C Sllllllll ��Cth� C'itv ('u�inril �I��tin� I��I�i T'a��r � I 3� �.o ( O .�TT:�CHNIENTS: Meetin� Mi�tutes for �'�y��,� � 3� �o t O � FISC��L IMPACTS (Include Bud�eted Amount): N/A \` .�PPROVALS: DEPARTMENT D[RECTOR: Coiu�cil President ('ITY ATTORNEY: N/A �INANCE D[RECTOR: N/A �i��YOR: N/A ('O�iL91TTEE C'f �'�'A � '( )l �N('1[. PRC:SInEtiT: _ -- -- _ -- � - ('OvSl��i'(' ;1GENDA I��f � t;l:\E:R.�L L3l,�S(\ESS ❑ � I'l 13L1(' {II_1RI�G � Ill�:('U.�1�16�:\I)I�:!) �IO'I'iO�: `, I�,� �� i�, ci��iru� �� n��tii��.; n�inut�s as ��res�iit�•�1. ( ()t V'('ll. �('"1�1O\: !__j.��ru�r j_� I)�n� �� I;il�l�• �__,� �'„n�inu�• '_�� Vu.��tun DIGITAL RECORDING CITY COUNCIL STUDY SESSION MINUTES January 13, 2010 A Study Session of the City Council of the City of Bremerton was called to order in the City Council Conference Room 603 Of th2 NORM DICKS GOVERNMENT CENTER 345 6�' Street, Bremerton, Washington, Wednesday, January 13, 2010, at 5:00 PM, with Council President Nick Wofford presiding. Council Members present were Will Maupin, Carol Arends, Dianne Robinson, Greg Wheeler, Roy Runyon, Adam Brockus, Cecil McConnell, and Jim McDonald. tegislative Assistant Lori Smith was present to provide staff support. President Wofford emphasized that the Study Session was open to the public, however 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 items 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. Approval of 2010 Kitsap Physicians Service (KPS) Premium Rates and Underwriting Criteria — Carol Conley, Human Resources Manager; and Nick Wofford, Finance Committee Chair 2. Purchase of Easement from Roger Aiken for Water Service Line — Michael Mecham, City Engineer; and Dianne Robinson, Public Works Committee Vice-Chair 3. Approval of proposed Schedule 74 Conversion with PuGET Sourv� ENERGY in conjunction with the Manette Bridge Replacement Project — Michael Mecham, City Engineer; and Dianne Robinson, Public Works Committee Vice-Chair 4. Proposed Resolution to Change the Name of Magnuson Way to Schley Boulevard — Michael Mecham, City Engineer; and Dianne Robinson, Public Works Committee Vice- Chair . B. EXECUTIVE SESSION 5. 20-Minutes to consider a"Real Estate Acquisition" per RCW 42.30.110(1)(b) (Information only...No action proposed...) C. FULL DISCUSSION PLANNED 6. Proposed Resolution authorizing the City of Bremerton to execute the ARRA (American Recovery & Reinvestment Act) DWSRF (Drinking Water State Revolving Fund) Loan Amendment B for the UV Treatment Facility Project — Michael Mecham, City Engineer; and Dianne Robinson, Public Works Committee Vice-Chair Bids to be opened January � 9 rn 7. Proposed Resolution to authorize the Extension of Existing Letter of Credit with Revenue Bonds, 2003 (Kitsap Regional Conference Center Bank of America, N.A. relating to the City's Weekly Rate Demand Parking Garage) — Cathy Johnson, Finance Officer; and Nick Wofford, Finance Committee Chair 8. Proposed Resolution to authorize an Intertund Loan to the Harborside Plaza and . Commons Fund from the Water Fund — Cathy Johnson, Finance Officer; and Nick Wofford, Finance Committee Chair 9. Approval to hire a Director of Financiai Services above Step 1 of the Pay Band; and to confirm the appointment of Barbara Stephenson to the position — Mayor Patty Lent 10. Proposed Resolution supporting the Submission to the Voters to Renew the Bremerton School Support Levy for Tax Years 2011-2014 — Roy Runyon, Council Member City Council Study Session Minutes Wednesday, January 13, 2010 Page 2 of 2 D. GENERAL COUNCIL BUSINESS 1. Council Committee Chair Reports 2. Other General Council Business President Wofford adjourned the Study Session at 6:30 PM. Prepared and Submitted by: � LO I SMITH Legislative Assistant Attest: CAROL ETGEN, City Clerk WOFFO , City Council President DATE SUBMIT'TED: 12/21/09 � � AGENDA BILL CITY OF BREMERTON CITY COUNCIL .......................................................................................� SUBJECT: 2010 KPS Rates & Committee Meeting Date: January 13, 2010 Undervvriting Criteria COtJNCIL MEETING Date: January 20, 2010 Department: Financial Services Presenter: Carol Conley, HR Mgr. Phone: 473-5347 SUMMARY: Approval of KPS 2010 Rates and Underwriting criteria and authorization of formal execution of the 2010 contracts between the City and Kitsap Physicians Service (KPS) for employee group health insurance coverage by the Mayor. The new rates,which were negotiated on our behalf by our benefits consultants, Willis of Seattle, reflect an 11.2% rate increase above 2009 levels. It should also be noted that the City's contribution towards dependents coverage is at 90%, while the employee's contribution for dependents coverage is 10%. ATTACHMENTS: KPS 2010 Premium Rates & Underwriting Criteria. FISCAL IMPACTS (Include Budgeted Amount): The 2010 Budget has adequate budgeted funds in personnel benefits for this rate increase. APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: COMMITTEE CHAIR COUNCIL PRESIDENT: _ CONSENT AGENDA � GENERAL BUSINESS ❑ PUBLIC HEARING ❑ RECOMMENDED MOTION: I move to approve the 2010 KPS Premium rates and Underwriting criteria between the City and KPS, and authorize the Mayor to finalize and execute the contracts with substantially the same terms and conditions as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action KPS Health Plans 400 Warren Avenue P. O. Box 339 Bremerton, WA 98331-0039 Attachment B Premium Rates and Underwriting Criteria � For City of Bremerton Period: January 1, 2010 — December 31. 2010 Premium Rates: PLAN A S RETIREES ACTIVE LEOFF I 767.92 LEOFF II & non-LEOFF em lo ees 557.61 S ouse 618.12 1 Child 279.15 2" Child + 224.67 LEOFF I Retirees Under A e 65 Subscriber 2,009.53 S ouse 1,100.88 1 Child 274.65 2" Child + 219.50 PLAN B 8 RETIREES ACTIVE LEOFF II & non-LEOFF em lo ees 482.16 S ouse 540.11 1 Child 245.72 2" Child + 191.19 LEOFF I Retirees Under A e 65 Subscriber N/A S ouse 914.34 1 Child 232.40 " 2" Chlld + 187.91 Note: Rates include Vision and is for Employees ONLY (Active and COBRA). Underwriting Criteria: The Premium rates quoted above for this Group Plan are based on the following underwnting critena. KPS reserves the right to withdraw or rerate this offering if Group falls outside the scope of these criteria � Active Employees must work a minimum of twenty (20) hours per week unless otherwise negotiated and agreed by both KPS and Group. � Subject to prior KPS approval, two (2) or more health insurance carriers, including KPS, may provide coverage to Group's Employees: � Subject to prior KPS approval, Group may select multiple KPS health plan offerings. > The minimum level of participation required is seventy-five percent (75%) of Eligibie Employees. � Unless otherwise approved by KPS, no more than twenty-five percent (25%) of Group's eligible Employees may reside outside of the State of Washington. � KPS reseNes the r�ght to rerate the Group in the event actual enroliment fluctuates bjr ten percent (10%) or more from the census provided to KPS by Group at the time Group was initially rated. 2010 Medicai Insurance Rates l.l 1Z Final ItPS rates for 2010 ICPS Pian .4 (S125K stop loss) BPOG - BPMA 2009 2010 '�k�="` Citv Pavs EE Pavs '�4 F�=�, Citv Pavs EE Pav. 90% 10% 90% 10% LFUFF I- AcU�-e S 690.58 $ 767.92 EE $ 557.61 $ 557.61 S - $ 767.92 $ 767.92 S - Regular & i.EOFF ll - Active $ 501.45 $ 557.61 E+S $ 1,175.73 $1,113.92 $„ 61.81 $ 1,386.04 � 1.324 23 $ 61.81 Spou,c $ 555.86 $ 618.12 E+1C $ 836.76 $ 808.85 $ 27.92 $ 1,047.U7 $ 1.019.16 $ 27.92 lst Dependent $ 251.03 $ 279.15 E+•2C $ 1,061.43 $1.011.05 $" , 50.38 $ 1,271.74 $ 1?21.36 $ 5038 2nd and a)I vther Drpendenu $ 202.04 $ 224.67 E+S+1C $ 1,454.88 $1.365.15 $: 89.73 $ 1,665.19 $ 1.575.46 $ 89.73 E+S+2C $ 1_679.55 $1.56736 $ 112.19 $ 1,889.86 $ i_777.67 � 112.19 I.EOFF 1 Reurecs l�nder 65 $1,807.13 $ 2.009.53 I�PS Plan B(S125K stop los�) Teamsters - Management & Professional City Pays EE Pays 90% 10% 2009 2010 2010 K�� $ 433.60 $ 482.16 EE $ 482.16 $ 482.16 -$ - Spous� $�385.71 $ 540.11 E+S $1,022.27 $ 968.26 $ 54.01 l�t Dependent $ 220.97 $ 245.72 E+1C $ 727.88 $ 703.31 '$ 24.57• 2nd and all other llependenu $ 171.93 $ 191.19 E+2C $ 919.07 $ 875.38 $ 43.69 E+S+ 1 C $1.267.99 $ 1.189.41 $ 78.58 E+S+2C $1 _459.18 $ 1.361.48 $ 97.70 KPS IAFF (Employees Plan .1/Dependents Plan B) ��,,,;,L�OF,�x�II�"� 20U9 2010 7�ota1 C� EE Pays, , 90% " l0% l-.E -LI�UFF II S 501.45 � 557.61 F.E $ 557 61 $ 557b1 5}wuse $ 48g 71 � 530.11 E+S $ 1,097 72 $ 1A43.71 $ 54.01 I>t Child $ 220 97 � 2�5.72 E+1C $ 803 33 $ 778.76 $ 24.57 ?nd C'hlid � 171.93 � 191 19 E*2C $ 994 52 $ 950.83 $ 43.69 �• I �h�ld $ 706.68 $ 785.83 E+S+1C $ 1.34344 $ 1.264.86 $ 78.58 S- 3 chlld $ 878.61 n 977.02 E*S+2C $ 1.534.63 $ 1.436.93 $ 97.70 I�PS IAFF (Emplo��ees Plan A/Dependents Plan B) �`*`'� � "^�"' 2009 2010 Total C� EE Pays - - - - 90% 10% EE - LEOFF I $ 690.58 $ 767.97 EE $ 767.97 $ 690.58 Spuusc $�385.71 $ 540.11 E+S $ 1,308.08 $ 1_254.07 $ 54.U1 1 st Child $ 220.97 $ 245.72 E+1C $ 1,013.69 $• 989.12 $ 24.57 Znd Chlid $ 171.93 $ 191.19 E+2C $ 1,204.87 $ I,I61.18 $ 43.69 S+ 1 child � 706.68 $ 785.83 E+S�1C $ 1,553.80 $ 1.475.22 $ 78.58 S� 2 chlld $ 878.61 $ 977.02 E+S+2C $ 1,744.98 $ 1.647.28 $ 97.70 Group Health CoPa�� Ptan 1 *C �ty 2U09 2010 P�s EE Pavs Total 90% 10% F.mplo�ce �434.76 459.79 EE 459.79 S 459.79 $ - Spousc �427.12 �152.15 E+S 911.94 $ 866.73 $ 45.22 1 st ch�ld $216.03 229.08 E+1C 688.87 $ 665.96 $�, 22.91 2 ur More Children $216.03 229.08 E+2C 917.95 $ 872.13 $ 45.82, Spou.c �X: 1 Child S6-13.15 681.23 E+S+1C 1.141.02 $ 1,072.90 $ 68.12 � tipouse & 2 or Mure Children $859.18 910.31 E+S+2C 1,370.10 $ 1.279.07 $ 91.03 DATE SUBNIITTED: January 6, 2010 �� AGENDA BILL CITY OF BREMERTON CITY COUNCIL .......................................................................................� SUBJECT: Purchase of Easement from Committee Meeting Date: January 13, 2010 Roger Aiken for Water Service Line. COiJNCIL MEETING Date: January 20, 2010 Deparirnent: Engineering Presenter: Michael Mecham Phone: 473-5288 SUMMARY: The City needs to purchase an easement across 2625 Shipview Court, owned by Roger Aiken, to serve the adjacent property. Both Mr. Aiken's property and the adjacent property were served from the 24" water main in SR3 that was abandoned for sewer use, and have been connected to a temporary service. City obtained an appraisal for the easement, which was appraised at $4,500.00. ATTACHMENTS: 1) Council Summary; 2) Aerial Photo; 3) Easement. FISCAL IMPACTS (Include Budgeted Amount): The easement will cost $4,500.00. This will be a project cost of the Southwest Bremerton Residential Sewer Extension. APPROVALS: DEPARTMENT DIRECTOR ,,.,..- ' � • CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: � COMMITTEE CHAIR , � COUNCIL PRESIDENT: -'' CONSENT AGENDA ' GENERAL BUSINESS ❑ PUBLIC HEARING ❑ RECOMMENDED MOTION: Move to approve purchase of water service line easement from Roger Aiken in the amount of $4,500.00. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Water Service Line Easement with Roger Aiken Council Summary Summary The City needs an easement from Roger Aiken to install a water service line across his property at 2625 Shipview Court in order to serve the adjacent parcel. Both Mr. Aiken's property and the adjacent parcel were served from the 24" water main in State Route 3 which was abandoned for sewer use, and were placed on temporary services when the main was abandoned. The city installed a water main down Shipview Court from Sherman Heights Road. Shipview Court dead ends prior to Mr. Aiken's property, and we need to cross his property to serve the adjacent parcel. Fiscal Summarv The City obtained an appraisal for the easement which was appraised at $4,500.00. The easement will be paid for out of the Wastewater Fund. C�lt' u/'Brenxrro�t I{'uter.l'ervrcel.inc F.usemen� Uecenrher :009 ,�'�.R�l'?�l""�''..�ti ' '„�1'�,� '�*'�" a< Y ., ��! � .. ,3 �✓F,R�...�` ` �� ` ` I ; �♦ v ,� 2. � r � , r ' .za� • �� °.:� I � Y < x , � � " , �" �'" �� °.�,,� �; ,..�' r�=F � , � � . , >�: � • �, � r� �" :"��',. '�; �� ,,�k: � '�` �' ' �' � :�,l�,.��:- -�, , �� ' � . , ; �,;. t ik �� . '_ � , .. �' R�.. , irs -3 5 �`� ;• •. ��, n� • 4.., I l � ' h•� 1� ` sx' w. .; L � . . . ' , t. � • S �'.. ;�� .._ � f . � , � ti , y` ;y'2, � � �� i fr tC � .1' . . . +'�� . � �. �.a. . / ' ,. 'ti. �s" .��►��.� f , � t , , + �t� � *•• I v� r� t .i ��t � T, .� � r. t: f,:; � i i Y� �'l�� ' j�� -r ' f� ��. 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'�r�r►� 3 l�t� ' � ' + i 1. .?i+�.� �. .r.._ • ~ �� . � Return Address: City Clerk City of Bremerton 34> Si�th Street, Suite 600 � Bremerton, WA 98337 AUDITOR/RECORDER'S INDEXING FORM Document Title(s): �, Water Easement Reference Number(s) of Documents assigned or released: N/A Grantor(s): 1. Roger L. Aiken '� Additional names on page 2 of document. Grantee(s): 1. City of Bremerton xC'j Additional names on page 3 of document. Legal Description: A portion ofthe SE 1/4 ofthe SW 1/4 of SEC 28 TWN 24N R lE WM, Kitsap County, WA (abbreviated) x0 Additional legal is on page 4 of document. Assessor's Property Tax Parcel/Account Number: 282401-3-036-2007 Pro'ect Name� WATER EASEMENT (Individual Private) THIS INSTRUMENT made this day of , 2010, by and between Roger L. Aiken (hereinafter "Grantor") and the City of Bremerton a Washington municipal corporation of Kitsap County, State of Washington (hereinafter "Grantee"). WITNESSETH that Grantor for and in consideration of mutual benefits derived and/or other valuable consideration, receipt of which is hereby acknowledged by Grantor, do by these presents grant, bargain, sell, convey, and confirm forever unto Grantee, its successors and/or assigns, an easement for water utilities, with necessary appurtenances, over, through, across and upon the following described property situated in Kitsap County, Washington, more particularly described as follows: SEE EXHIBIT "A" ATTACHED WATER EASEMENT (Individual) - Page 1 of4 Grantee shall have the right, without prior institution of suit or proceedin�; at law, at times as may be necessary, to enter upon the above-referenced property and immediately- adjacent incidental areas with the necessary equipment for the purposes of altering, installing, operating, maintaining, extending, constructing, repairing, and reconstructing the utility/utilities, or making connections to that system, without incurring any legal obligation or liability; provided, however, that the private improvements existing within this easement area and the immediately adjacent incidental areas shall not be disturbed or destroyed, or in the event they are disturbed or destroyed, they will be replaced in as good a condition as they were immediately before the properties were entered upon by the Grantee. Grantee agrees to relocate the utility to a feasible location agreeable to both the Grantor and Grantee one time upon redevelopment of the property and written request from the Grantor, at which time a new easement will be recorded. All costs incurred as a result of the one-time relocation will be paid by the Grantee. Grantee is not responsible for additional relocations of the utility unless required by law or a separate agreement. Grantor shall retain the right to use the surface of this easement, including the immediately adjacent incidental areas, so long as that use is not inconsistent with and does not interfere with the rights and uses granted to Grantee in this document. Under no circumstances shall Grantor place any cement, concrete, structure, trees, large shrubs or any other objects on the property described in this easement or the immediately adjacent incidental areas in a manner that would interfere with Grantee's use of the easement. This easement shall be a covenant running with the land, and shall bind Grantor's successors and assigns and all future owners of the real property affected by this easement. GRANTOR: � ; DATE: (�orur}� drbnoirledgnre�i�,lppeurs on �eYJ Pnge) WATER EASEMENT (lndividual) - Page 2 of4 STATE Ofi WASHINGTON ) ) ss. CUUNTY OF KITSAP ) On this day of , 2010, before me a Notary Public in and for the State of Washington, personally appeared to me known to be the individual(s) that executed the foregoing instrument, and acknowledged it to be the free and voluntary act, for the uses and purposes mentioned in this instrwnent, and on oath stated that he/she/they were authorized to execute said instrument. -A'otary Seu! .tfust Appeur 665thrn This Bo.r- IN WITNESS WHEREOF, 1 have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires APPROVED AS TO FORM: ROGER A. LUBOVICH City Attorney WATER EASEMENT (Individual) - Page 3 of 4 EXHIBIT "A" A 15-foot water main easement upon and through the following described property: 282=t01-3-036-2007 PT OF GOV L 5 SEC 28 24 1 E& PT OF L 16 BK 5 PLAT OF SHERMAN HTS & PT OF STONER AVE IN PLAT OF SHERMAN HTS AS VACATED BY CO COMMISSIONER & REC IN COMMISSIONER JRNL N0.6 PG 472 BEING MORE PARTICULARLY DES AS FOLS COMM AT X OF E LN OF SD GOV L 5& S R/W LN OF CO RD N0.154 S 67*18'10 W ALG SD R/W LN 217.83FT TO W LN OF E 200FT OF SD GOV L 5 S 00*38'35 W ALG SD LN 201.01 FT TO CONCRETE MONUMENT ON SD W LN OF E 200FT OF SD GOV L 5 S 47*16'46 E 14.83FT TO TPOB CONT S 47*16'�36 E 52.55FT TO CONCRETE MONUMENT S 46*09'10 E 114.75FT TO CONCRETE MONUMENT AT X OF CURVE ON W LN OF ST HWY N0.21 HAVINC RAD OF 1460.SOFT & TURNING THROUGH ANGLE OF 22*18'39 SWLY ALG ARC OF SD CURVE DIST OF 58.90FT CONT ALG SD R/W S 32*l5'40 W 40.21FT LEAVING SD R/W LN RUN N 32*43'S0 W 128.80FT S 82*48'43 W 32.60FT N 11*13'46 W 30.06FT N 7*19'S5 W 23.77FT N 47*26'45 E 59.86FT TO TPOB The centerline of the easement being described as follows: From the TPOB of the above described parcel, S 47°26'45" W 59.86 ft, S 7 W 23.77 ft, S 11°13'46" E 14.06 ft to the TPOB of the easement, then N 42°8'S3" E 65.14 ft, S 67°54'16" E 37.86 ft, S 46°8'S3" E to the terminus. WATER EASEMENT (Individual) - Page 4 of 4 DATE SUBMITTED: January 6, 2010 �� AGENDA BILL CITY OF BREMERTON CITY COUNCIL .......................................................................................� SUBJECT: Approval of proposed Schedule Committee Meeting Date: January 13, 2010 74 Conversion with Puget Sound Energy in COUNCIL MEETING Date: January 20, 2010 Conjunction with the Manette Bridge Department: PW&U Replacement Project. Presenter: Michael Mecham Phone: 473-5288 SUMMARY: With the replacement of the Manette Bridge by the Washington State Department of Transportation (WSDOT), both of the existing intersections on either side of the new bridge will be reconstructed. The west side intersection will be receiving a new signal system, with lighting, standards, detection and pre-detection loops and pedestrian improvements. The east side will be reconfigured as a roundabout, with new lighting, sidewalks and other improvements. The new improvements will require private utility infrastructure relocations. In discussions with the utilities, PSE discussed the possibility of having the City opt for a Schedule 74 Conversion with them. This would underground all overhead utilities and remove the utility poles out of the intersections. ATTACHMENTS: l. Council Summary; 2. Exhibit West Side; 3. Exhibit East Side; 4. Design Cost Estimate. FISCAL IMPACTS (Include Budgeted Amount): Total cost for completion will be approximately $60,000 coming from the 2012 Arterial Street Fund. APPROVALS: DEPARTMENT DIRECTO : CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: - ' COMMITTEE CHAIR a 1 ` COUNCIL PRESIDENT: � CONSENT AGENDA � GENERAL BUSINESS ❑ PUBLIC HEARING ❑ RECOMMENDED MOTION: Move to approve proposed Schedule 74 Conversion with Puget Sound Energy and authorize the Mayor to finalize and execute the Design and Construction Agreements and other necessary documents related to the Utility Undergrounding. COUNCIL ACTION: ❑ Approve ❑ Deny .❑ Table ❑ Continue ❑ No Action COUNCIL SUMMARY UTILITY UNDERGROUNDING WITH REPLACEMENT OF MANETTE BRIDGE Summarv With the replacement of the Manette Bridge by the Washington State Department of Transportation (WSDOT), both of the existing intersections on either side of the new bridge will be reconstructed. The west side intersection will be receiving a new signal system, with lighting, standards, detection and pre-detection loops and pedestrian improvements. The east side will be reconfigured as a roundabout, with new lighting, sidewalks and other improvements. The new improvements will require private utility infrastructure relocations. In discussions with the utilities, PSE discussed the possibility of having the City opt for a Schedule 74 Conversion with them. This would underground all overhead utilities and remove the utility poles out of the intersections. The City reviewed and accepted this concept for finro reasons: • Increased pedestrian safety on having the utility poles removed completely from the sidewalks and right of way area. • Aesthetic improvement for the project. This would also include the reconstruction of the Whitey Domstad viewscape. To complete the Sched�le 74 Conversion, the City will need to initiate an agreement with PSE for design and construction of the underground infrastructure. The agreement is a 60-40 split befinreen PSE and the City, respectively. PSE also discounts the cost of work which would have associated with the aerial system relocation. Fiscal Summarv The City has received an initial cost estimate for design of the improvements, which is $16,500, of which the City's share would be $6,600. An overall estimate for the project is $85,000, of which the City would be responsible for $34,000. With several residences needing converting, and restoration costs, the overall City cost for completion of the undergrounding should be under $60,000 with costs coming from the Arterial Street Fund. Discussion with PSE has the utility billing the City for these costs with completion of the work, likely towards the end of 2012. -t ssi.stunce wiih 6tiSD(>T Jor .1�lunet�e Briclge Re,�pinc•ement / 12/09 — G.F./S.J. �l�Lf1J � � �� FOR LEGEND UTILITY UNDERGROUNDING O —POLES TO REMAIN WITH ;a: —POLES TO BE REMOVED MANETTE BRIDGE REPLACEMENT =� —LINE TO BE REMOVED � —LINE TO REMAIN — WEST SIDE � � �- �� _ _� . . - � ;� � �,��. . ' . � , �` - ,� � �� .�r"' � ,� , .> , .. - � �. . , - a � . � � � � , t �� l � ,�t� ' �r� � ' ty• .� ''' Y • .�`",r - - 7. �' ' � ' �� .. ' ^ , � �, d � . . � . � 7 a , Tt;��J'^� � � � � � �� ._I� � � . , � o . � ,� �, �s °�� 'i a � � �, � �., �� , � " t �� ' � �. 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PUGET SDUND ENERGY December 18, 2009 Gunnar Fridriksson City of Bremerton Public Works Department 345 6th Street, Suite 600 Bremerton, WA 98337 RE: Manette Bridge Schedule 74 Conversion - Design Cost Estimate Dear Mr. Fridriksson. Puget Sound Energy (PSE) has finalized the Design Cost Estimate and Schedule for the underground electrical conversion work associated with the Manette Bridge Project. Based on the City's Scope of Work, PSE has established a few assumptions and contingencies as outlined below� Schedule 74 Conversion Proiect Descriqtion: Work shall include areas adjacent to the Manette Bridge as follows. - On the West side - From the east end of unimproved 9th Street to the intersection of Washington Street. Work wilt include the intersection of 9 Street and Washington Street. - On the East side - From the intersection of Wheaton Way and Harkins Street along Shore Drive to just past 11` Street. Schedule This Design Quote is valid for 90 calendar days from the date of this letter. Per the contractual agreement, PSE shall provide the Ciry with a Preliminary Design (fit-no-fit) within 30 business days after Notice to Proceed is given. The Preliminary Design shall include an explanation of all additional Operating Rights that will be necessary to construct per the design Final Design shall be submitted to the City within 60 business days upon approval of the Preliminary Design. Government Requested UpQrades: No upgrades�have been requested by the City. PSE Requested Upgrades� There are no PSE requested upgrades associated with this project Government Entity Vault and Ducts: The City has requested that WSDOT's contractor (to be identified) install all ducts and vaults Li htin . Lighting is not a component of the Schedule 74 conversion Any lighting associated with this pro�ect shall either be managed by the City or coordinated with PSE's Intolight department Manette Bridge Schedule 74 Conversion - Design Cost Estimate — Page 2 DesiQn. This Design Quote is based on prints provided by the City that are labeled "Preliminary " PSE's estimate for work is based on the "Prelimmary" plan set, which contains minimal detail, nght-of way lines are not delineated, and property lines are not identified. Operating Rights The administration of operating rights for this Conversion Pro�ect will be consistent with the provisions outlined in Electric Tariff G- Schedule 74 All facilities associated with the conversion shall be accommodated within the public nght-of-way. In the event PSE and the City agree that there is not or will not be sufficient space within right-of-way, the City shall provide sufficient space by obtaining additionai nght-of-way or other equivalent rights mutually agreeable to both PSE and the City, title which shall be in the City's name. Additional operating rights that will be necessary to accommodate the conversion will not be identified until the preliminary design is submitted to and approved by the City. Kev Milestones Desian Work. This design quote is valid for 90 calendar days from the date of this letter. In accordance with the tariff, PSE shall provide the City with a Preliminary Design (fit-no-fit) within 30 business days after Notice to Proceed is given. The Preliminary Design shall include an explanation of all additional Operating Rights that will be necessary to construct per the design. PSE's Final Design, Construction Cost Estimate and Project Plan shall be completed 60 days after review and approval of the preliminary engineering design by the City. Advertisement The City is scheduled to put this project to ad March 1, 2010. Construction Bremerton estimates that this project will go to construction June 1, 2010. Desis�n Estimate: PSE's estimate for design for the Schedule 74 conversion given the "Preliminary" design and information provided: $16,500.00. Manette Bridge Schedule 74 Conversion - Design Cost Estimate — Page 3 Assumptions and Continqencies: - The City shall prov�de two plan sets to PSE for the proposed work on each s�de of the Manette Bridge - Two copies of the Final Design (in accordance with PSE's specifications) shail be provided to the City upon compietion. - This Design Cost Estimate does not include additional design or changes in project scope. - This Design Cost Estimate does not include provisions to meet any third-party requirements. - This Design Cost Estimate does not include any costs associated with incorporation of PSE's design mto third-party plan sets. - Vaults that will be set to match grade shall be placed in the sidewalk - Vaults with surface mounted equipment shali be piaced behind the sidewalk In accordance with the Schedule 74, the City and PSE may meet in the next 10 days to discuss the Scope of Work, Design Cost Estimate, and/or the proposed Design Schedule. The City will then have 10 days to grant approval to with a Notice to Proceed with Design to PSE. Should you have any questions regarding this Design Cost Estimate, please contact me at (253) 381-7313. Sincerely, Sandy Leek Sandy Leek (for Tom Brobst) Municipal Liaison Manager Cc: Kent Sharpe, Potelco Project Manager Larry Mort, PSE Contract Management , Dana Marie Smith, PSE Contract Management Tom Brobst, PSE Municipal Liaison Manager Donn Martinson, PSE Municipal Construction Planner SCHEDULE 74 UNDERGROUND CONVERSION Project Design Agreement Pro�ect Name: XXXXXXX Project Number• Notification No. XXXXXXXX THIS Agreement, dated as of this day of , 200_, is made by and between CITY OF BREMERTON, a Municipal Corporation (the "Government Entity"), and PUGET SOUND ENERGY, Inc., a Washington Corporation (the "Company"). RECITALS A. The Company is a public service company engaged in the sale and distribution of electric energy and, pursuant to its franchise or other rights from the Government Entity, currently locates its electric distribution facilities within the jurisdictional boundaries of the Government Entity. B. The Government Entity is considering conversion of the Company's existing overhead electric distribution system to a comparable underground electric distribution, as more specifically described in the Scope of Work (as defined in paragraph 2, below) furnished to the Company by the Government Entity (the "Conversion ProjecY'). C. The Government Entity has requested that the Company perform certain engineering design services and otherwise work cooperatively with the Government Entity to develop a mutually acceptable Project Plan (as defined in paragraph 6, below) for the Conversion Project, in accordance with and subject to the terms and conditions of this Agreement (the "Design Work"). D. The Government Entity and the Company wish to execute this written contract in accordance with Schedule 74 of the Company's Electric Tariff G("Schedule 74") to govern the Design Work for the Conversion Project. AGREEMENT The Government Entity and the Company therefore agree as follows: 1. Unless specifically defined otherwise herein, all terms defined in Schedule 74 shall have the same meanings when used in this Agreement. 2. The Government Entity shall, within ten (10) business days after the date of this Agreement, provide the Company with a written scope of work for the Conversion Pro�ect which includes, among other things, (a) a reasonably detailed description of the scope of the work required for the Conversion Project, (b) a list of the key milestone dates for the Conversion Pro�ect, (c) reasonably detailed drawings showing any associated planned improvements to the Public Thoroughfare, and (d) a statement as to whether the Government Entiry desires to mstall the ducts and vaults for the Conversion Pro�ect (the "Scope of Work"). The Government Entity shall provide the Company two (2) hard copies of the Scope of Work and a copy of the relevant electronic file(s) in a mutually agreed electronic format 3 Within ten (10j business days of its receipt of the Scope of Work, the Company shall prepare and submit to the Government Entity (a) a reasonably detailed, good faith estimate of the cost to perform the Design Work (the "Design Cost Estimate"), and (b} a proposed schedule for completion of the Design Work which, to the extent reasonably practicable, reflects the applicable key mdestone dates Design Agreement, Attachment "A" to Schedule 74, Page 1 XXXXXXXX \ specified m the Scope of Work and provides for completion of the Design Work within nmety (90) busmess days from the date the Company receives the Government Entity's notice to proceed under paragraph 5, below (the "Design Schedule"). The proposed Design Cost Estimate and the proposed Design Schedule shall be based upon the then-current Scope of Work. Unless otherwise specified in the Scope of Work, the Design Work shall not include negotiation or acquisition of third party property rights but shall include preliminary planning between the Company and the Government Entity regarding their respective obligations for negotiating and acquiring third party property rights. 4. Withm ten (10) business days after the Government Entity's receipt of the proposed Design Cost Estimate and the proposed Design Schedule from the Company, the Government Entity and the Company shall meet in order to (a) review the proposed Design Cost Estimate, (b) review the proposed Design Schedule; (c) review the Scope of Work, and (d) make any changes necessary to create a final Scope of Work, final Design Cost Estimate, and flnal Design Schedule that are reasonably acceptable to both parties. If the parties are unable to agree upon a final version of the Scope of Work, Design Cost Estimate, and/or Design Schedule, then either party may, by wntten notice to the other party, submit the matter for resolution pursuant to the dispute resolution procedures in paragraph 16, below. The final Scope of Work, Design Cost Estimate and Design Schedule, once determined in accordance with this paragraph 4, may thereafter be changed or amended only in accordance with the change procedures set forth in paragraph 13, below 5. The Government Entity shall, within ten (10) business days after determination of the final of the Scope of Work, Design Cost Estimate, and Design Schedule, issue (a) a written notice to proceed which shall delineate the final Scope of Work, Design Cost Estimate, and Design Schedule, or (b) a written notice to terminate this Agreement without cost to the Government Entity. If the Government Entity terminates this Agreement, the costs incurred by the Company in preparing and submittmg the Design Cost Estimate and the Design Schedule shall not be reimbursable to the Company, and the rights and obligations of the parties under this Agreement shall be te�minated in their entirety and without liability to either party. 6. Following the Company's receipt of the notice to proceed, and within the applicable time period specified in the Design Schedule, the Company shall, with the cooperation and assistance of the Government Entity as outlined in this Agreement, prepare a project plan for the Conversion Project (the "Project Plan") which shall include, among other things, the following: (a) a detailed description of the work that is required to be performed by each party and any third party in connection with the Conversion Project (the "Construction Work"), (b) the applicable requirements, drawings, and specifications for the Construction Work, (c) a description of any operating and other property rights that are required to be obtained by each party for the Conversion Project (and the requirements and specifications with respect thereto), (d) a detailed estimate of the costs to be incurred by each party in its perFormance of the Construction Work, and (e) a detaded schedule for completing the Construction Work (including, without limitation, the dates for delivery of the ducts and vaults and other materials for use at the site of the Construction Work) 7. The Government Entity shall be responsible for coordinating the Design Work with all other design work to be pertormed in connection with the Conversion Pro�ect and any associated planned improvements to the Public Thoroughfare. The parties shall work together in an effort to mitigate the costs of the Conversion Project to each party, includmg, without limitation, identifying ways to accommodate the facilities of the Company to be installed as part of the Conversion Project within the Public Thoroughfare. 8. Within the applicable time period specified in the Design Schedule, the Company shall prepare and submit to the Government Entiry a proposed initial draft of the Project Plan. The parties understand and acknowledge that the proposed Pro�ect Plan submitted by the Company shall be preliminary in nature and shall not mclude, without limitation, information required to be supplied by the Government Entity (e g, scope and estimate of the cost of the Construction Work to be performed by the Government Entity) Design Agreement, Attachment "A" to Schedule 74, Page 2 XXXXXXXX 9 Within the applicabie time period specified in the Design Schedule, the Government Entity shali (a) review the proposed Pro�ect Plan submitted by the Company, (b) complete any information required to be suppiied by the Government Entity, (c) make any changes required to conform the proposed Pro�ect Plan to the Scope of Work and this Agreement, and (d) return the amended Pro�ect Plan to the Company 10. Within the applicable time period specified in the Design Schedule, the Company shall review the amended Pro�ect Plan submitted by the Government Entity and notify the Government Entity in writing of either the Company's acceptance of, or the Company's speci�c objections to, the amended Project Plan. If the Company makes any ob�ection to the amended Project Plan, and the parties are unable to resolve the ob�ections and mutually agree upon the Project Plan prior to the final design date specified in the Design Schedule, then either party may, by written notice to the other party, submit the matter for resolution pursuant to the dispute resolution procedures in paragraph 16, below. The Project Plan, as mutually agreed upon by the parties or established through the dispute resolution process, shall be attached to and incorporated in a Project Construction Agreement substantially in the form attached hereto as Exhibit A(the "Construction AgreemenY') which is to be signed by the parties prior to commencement of the Construction Work. 11. The parties intend and agree that the Design Work and the Project Plan in its final form shall conform to the following requirements: (a) The Project Plan shall, if requested by the Government Entity in its initial Scope of Work, specify that the Government Entity shall install the ducts and vaults for the Conversion Pro�ect; provided that (i) the parties mutually agree upon and set forth in the Project Plan (A) the costs of such installation work to be included in the Cost of Conversion, and (B) the specifications and standards applicable to such installation work, and (ii) such installation work is accomplished by the Government Entity in accordance with the applicable design and construction specifications provided by the Company and set forth in the Project Plan. (b) Each estimate of the costs to be incurred by a party shall, at a minimum, be broken down by (i) the design and engineering costs, (ii) property and related costs, including any costs of obtaining operating rights, and (iii) construction costs, including and listing separately inspection, labor, materials, and equipment. (c) All facilities of the Company installed as part of the Conversion Pro�ect shall be located, and all related property and operating rights shall be obtained, in the manner set forth in the applicable provisions of Schedule 74. The Project Plan shall describe in detail the location of such facilities, any related property and operating rights required to be obtained, and the relative responsibilities of the parties with respect thereto. (d) The schedute set forth in the Project Plan for completing the Construction Work shall include, at a minimum, mdestone time periods for completion of the Trenchmg, installation of ducts and vaults, the construction and removal of any Temporary Service, and the removal of overhead facilities. (e) The Project Plan may mclude the specification of work and requirements for Government- Requested Upgrades and Company-Initiated Upgrades; provided, however, that the costs mcurred by the Company with respect to the design and engineering of Company-Initiated Upgrades shall not be included m the costs reimbursable to the Company under this Agreement or the Construction Agreement. For purposes of the foregoing, (i) the term "Government- Requested Upgrade" shall mean any feature of the Underground Distribution System which is requested by the Government Entity and is not reasonably required to make the Underground Distribution System comparable to the overhead distribution system being replaced, and (n) the term "Company-Initiated Upgrade" shall mean any feature of the Underground Distribution System which is required by the Company and is not reasonably required to make the Underground Distribution System comparable to the overhead distribution system being replaced. For Design Agreement, Attachment "A" to Schedule 74, Page 3 XXXXXXXX purposes of subparagraph (u}, above, a"comparable" system shall inciude, unless the parties otherwise agree, the number of empty ducts {not to exceed two (2), typically havmg a diameter of 6" or less) of such diameter and number as may be specified and agreed upon m the final Scope of Work necessary to replicate the load-carrying capacity (system amperage class) of the overhead system being replaced For purposes of subparagraph (i), above, any empty ducts installed at the request of the Government Entity shall be a Government-Requested Upgrade. (� The Project Plan shail set forth all specifications, design standards and other requirements for the Construction Work and the Conversion Pro�ect, including, but not limited to, the following: (i) applicable federal and state safery and electric codes and standards, (ii) applicable construction and other standards of the Company, and (ni) applicable street design and other standards of the Government Entity which are m effect as of the commencement of the Conversion Project. , 12. Upon request of the Government Entity, and in any event at the times specified in the Design Schedule, the Company shall provide periodic reports which compare the actual costs of the Design Work incurred to that point in time to the Design Cost Estimate, as changed or amended in accordance with paragraph 13, below. Further, if at any time the Company reasonably expects that the actual cost of the Design Work will exceed the Design Cost Estimate, as changed or amended in accordance with paragraph 13, below, the Company shall notify the Government Entity immediately Upon receipt of the Company's notice, the Government Entity may, at its option, (a) notify the Company in writing that this Agreement is terminated; or (b) request a reasonably detailed explanation supported by documentation (reasonably satisfactory to the Government Entity) to establish that the actual costs in excess of the Design Cost Estimate are: (i) reasonable, (ii) consistent with the Scope of Work, and (iii) consistent with sound engineermg practices. If the Government Entity requests an explanation, the Government Entiry shall, within ten (10) business days after receipt of the explanation, (a) change the Scope of Work in accordance with paragraph 13, below, or (b) direct the Company to continue with the Design Work without a change in the Scope of Work, but reserving to the Government Entity the right to dispute the reasonableness of the costs to be paid the Company under paragraph 14, below, in accordance with the dispute resolution procedures in paragraph 16, below, or (c) direct the Company to discontinue performing the Design Work pending resolution, pursuant to paragraph 16, below, of any dispute regarding the reasonableness of the costs, in which event the Design Schedule will be adjusted to reflect the delay, or (d) notify the Company in writing that this Agreement is termmated In the event the Government Entity terminates this Agreement or discontinues the performance of the Design Work under subparagraph (c), above, for more than ninety (90) days, the Government Entity shall pay the Company for all costs incurred by the Company in its performance of the Design Work pnor to the date the Company receives the Government Entity's notice of termination, plus any costs incurred by the Company for materials and other items ordered or procured by the Company with the prior authorization of the Government Entity in order to meet the schedule for the Conversion Pro�ect. The foregoing payment obligation shall survive any termination of this Agreement. Design Agreement, Attachment "A" to Schedule 74, Page 4 XXXXXXXX 13 (a) Either party may, at any time, by written notice thereof to the other party, request changes to the Scope of Work (a "Request for Change") No Request for Change shall be effectrve and binding upon the parties unless signed by an authonzed representative of each party. If any approved Request for Change would cause an increase in the cost of, or the time required for, the performance of any part of the Design Work, an equitable adJustment in the Design Cost Estimate and the Design Schedule shall be made to reflect such increase The parties shall negotiate in good faith with the objective of agreeing in writing on a mutually acceptable equit�ble adjustment. If the parties are unable to agree upon the terms of the equitable ad�ustment, either party may submit the matter for resolution pursuant to the dispute resolution procedures in paragraph 16, below Notwithstanding any dispute or delay in reaching agreement or arriving at a mutually acceptable equitable adjustment, each party shall, if requested by the other party, proceed with the Design Work in accordance with the Request for Change. Any such request to proceed must be accompanied by a written statement setting forth the requesting party's reasons for rejectmg the proposed equitable adjustment of the other party. (b) The Design Cost Estimate and/or the Design Schedule shall be equitably adjusted from time to time to reflect any change in the costs or time required to perform the Design Work to the extent such change is caused by: (i) any Force Majeure Event under paragraph 17, below, (ii) the discovery of any condition within the Conversion Area which affects the scope, cost, schedule or other aspect of the Design Work and was not known by or disclosed to the affected party prior to the date of this Agreement, or (iii) any change or inaccuracy in any assumptions regarding the scope, cost, schedule or other aspect of the Design Work which are expressly identified by the parties in the final Scope of Work. Upon the request of either parry, the parties will negotiate in good faith with the objective of agreeing in writing on a mutually acceptable equitable adjustment. If, at any time thereafter, the parties are unable to agree upon the terms of the equitable adjustment, either party may submit the matter for resolution pursuant to the dispute resolution provisions in paragraph 16, below. 14. Upon completion of the Design Work (i.e., the date on which the Project Plan is final under paragraph 10, above, either by mutual agreement of the parties or as established through the dispute resolution procedures), the Government Entity shall pay the Company all actual, reasonable costs to the Company for the Design Work (which, if disputed in good faith by the Government Entity, may be submitted by either party for resolution pursuant to the dispute resolution provisions in paragraph 16, below), plus any costs incurred by the Company for materials and other items ordered by the Company with the prior authorization of the Government Entity in order to meet the schedule for the Conversion Project. If, thereafter, the Construction Agreement is executed by the parties and the Conversion Project is completed within five (5) years from the date of this Agreement, the full amount of the costs incurred by the Company in its pertormance of the Design Work shall be included in the "Shared Company Costs" under the Construction Agreement and any payment of such amounts under this Agreement shall be credited to the Government Entity in calculating the "Net Amount" payable under the Construction Agreement. 15. Within sixty (60) business days after completion of the Design Work, the Company shall issue to the Government Entity an itemized invoice for the amounts payable under this Agreement Such invoice shall be in a form mutually agreed upon by the Company and the Government Entity and shall, at a minimum, itemize the design and engineering costs, including and listing separately inspection, labor, materials and equipment. In the event the Government Entity does not venfy such invoice within ten (10) business days of receipt, the Government Entity shall provide a written request to the Company specifying the additional information needed to verify the invoice. The Company wdl provide, within a reasonable period after receipt of any request, such documentation and information as the Government Entity may reasonably request to venfy such invoice. The Government Entity shall pay the Company all amounts payable under this Agreement w�thin thirty (30) days after receipt of the Company's invoice. Payment as provided in this Agreement shall be full compensation for the Company's performance of the Design Work, including without limitation all services rendered and all materials, supplies, equipment, and incidentals necessary to complete the Design Work. Design Agreement, Attachment "A" to Schedule 74, Page 5 XXXXXXXX 16 Dispute Resolution Procedures (a) Any dispute, disagreement or cia�m arising out of or concerning this Agreement must first be presented to and considered by the parties A party who wishes d�spute resolution shall notify the other party in wnting as to the nat�re of the dispute Each party shail appoint a representative who shall be responsible for representing the party's interests The representatives shall exercise good faith efforts to resoive the dispute Any dispute that is not resolved within ten (10) , business days of the date the disagreement was first raised by written notice shall be referred by the parties' representatives in writing to the senior management of the parties for resolution. In the event the senior management are unable to resolve the dispute within twenty (20) business days (or such other period as the parties may agree upon), each party may pursue resolution of the dispute through other legal means consistent with the terms of this Agreement. All negotiations pursuant to these procedures for the resolution of disputes shall be confidential and shall be treated as compromise and settlement negotiations for purposes of the state and federal rules of evidence. (b) Any claim or dispute arising hereunder which relates to the Scope of Work, Design Cost Estimate, and Design Schedule under paragraph 4, above; the Project Plan under paragraph 10, above; or any Request for Change (including, without limitation, any associated equitable adjustment} under paragraph 13, above; and is not resolved by senior management within the time permitted under paragraph 16(a), above, shall be resolved by arbitration in Seattle, , Washington, under the Construction Industry Arbitration Rules of the American Arbitration Association then in effect. The decision(s) of the arbitrator(s) shall be final, conclusive and binding upon the Parties. All other disputes shall be resolved by litigation in any court or governmental agency, as applicable, having jurisdiction over the Parties and the dispute. (c) In connection with any arbitration under this paragraph 16, costs of the arbitrator(s), hearing rooms and other common costs shaA be divided equally among the parties. Each party shall bear the cost and expense of preparing and presenting its own case (including, but not limited to, its own attorneys' fees); provided, that, in any arbitration, the arbitrator(s) may require, as part of his or her decision, reimbursement of all or a portion of the prevailing party's costs and expenses by the other party. (d) Unless otherwise agreed by the parties in writing, the parties shall continue to perform their respective obligations under this Agreement during the pendency of any dispute. 17. In the event that either party is prevented or delayed in the performance of any of its obligations under this Agreement by reason beyond its reasonable control (a "Force Ma�eure Event"), then that party's performance shall be excused during the Force Majeure Event. Force Majeure Events shall include, without limitation, war; civil disturbance; flood, earthquake or other Act of God; storm, earthquake or other condition which necessitates the mobilization of the personnel of a party or its contractors to restore utility service to customers, laws, regulations, rules or orders of any governmental agency; sabotage, strikes or similar labor disputes involving personnel of a party, its contractors or a third party, or any failure or delay in the performance by the other party, or a third party who is not an employee, agent or contractor of the party claiming a Force Ma�eure Event, in connection with the Work or this Agreement Upon removal or term�nation of the Force Majeure Event, the party claiming a Force Ma�eure Event shall promptly perform the affected obligations in an orderly and expedited manner under this Agreement or procure a substitute for such obligation The parties shall use all commercially reasonable efforts to eliminate or mmimize any delay caused by a Force Majeure Event 18. This Agreement is sub�ect to the General Rules and Provisions set forth in Tariff Schedule 80 of the Company's electric Tariff G and to Schedule 74 of such Tariff as approved by the Washington Utdities and Transportation Commission and in effect as of the date of this Agreement Design Agreement, Attachment "A" to Schedule 74, Page 6 XXXXXXXX 19 Any notice under this Agreement shall be in writ�ng and shali be faxed (with a copy followed by mail or hand delivery), delivered in person, or mailed, properly addressed and stamped with the required postage, to the mtended recipient as foilows If to the Government EntiN' XXXXXXXXXXXXXX If to the Company� Puget Sound Energy, Inc 22884 Ryen Drive N W Poulsbo, WA 98370 Attn: Tom Brobst Fax• 360 779.4897 Either party may change its address specified in this paragraph by giving the other party notice of such change in accordance with this paragraph 20. This Agreement shall in all respects be interpreted, construed and enforced in accordance with the laws of the State of Washington (without reference to rules governing conflict of laws), except to the extent such laws may be preempted by the laws of the United States of America. 21. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and all other agreements and understandings of the Parties, whether written or oral, with respect to the subject matter of this Agreement are hereby superseded in their entireties. 22. This Agreement shall be bmding upon and inure to the benefit of the respective successors, assigns, purchasers, and transferees of the parties, including but not limited to, any entity to which the rights or obligations of a party are assigned, delegated, or transferred in any corporate reorganization, change of organization, or purchase or transfer of assets by or to another corporation, partnership, association, or other business organization or division thereof. Government Entity: Company: CITY OF BREMERTON PUGET SOUND ENERGY, INC. BY BY ITS Mavor ITS Municipal Liaison ManaQer Date Signed Date Signed Approved as to form: Director of Public Work and Utilities County Attorney Design Agreement, Attachment "A" to Schedule 74, Page 7 XXXXXXXX DATE SUBMITTED: January 6, 2010 , AGENDA BILL � CITY OF BREMERTON CITY COUNCIL .......................................................................................� SUBJECT: Resolution No. 3t o for Name Committee Meeting Date: _ Januaty 13, 2010 Change of the Street Magnuson Way to COLINCIL MEETING Date: January 20, 2010 Schley Boulevard. . Department: PW&U Engineering Presenter: Michael Mecham Phone: 473-5288 SUMMARY: The City has initiated the name change of a portion of the street Magnuson Way to Schley Boulevard from the former intersection of Schley Boulevazd and Magnuson Way to Lower Wheaton Way. With redevelopment of Eastpark, roadways were relocated and removed to better serve the public. This change will avoid confusion as Eastpark continues to be redeveloped and assigned addressing in the future. ATTACHMENTS: 1. Council Summary; 2. Resolution No. 3! o .; and 3. Aeria1 Photo. FISCAL IMPACTS (Include Budgeted Amount): None. APPROVALS: � � 1 DEPARTMENT DIRECTOR. CITY ATTORNEY: ,. FINANCE DIRECTOR: MAYOR: a ,7' < COMMITTEE CHAIR , .�J�'(�. COUNCIL PRESIDENT: CONSENT AGENDA `� GENERAL BUSINESS ❑ PUBLIC HEARING ❑ RECOMMENDED MOTION: Move to pass Resolution No. 3 D to change the name of Magnuson Way to Schley Boulevard. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action COUNCIL SUMMARY NAME CHANGE FROM MAGNUSON WAY TO SCHLEY BOULEVARD Su-�L The roadway was originally built by United States of America to serve the war plat in 1945. With the redevelopment of the area of Eastpark, roadways were relocated and removed to better serve the new configuration except for the main north-south road through the plat. This roadway is Schley Boulevard, up until a little way south of the Homer Jones Drive intersection where Magnuson used to intersect Schley. And it was Magnuson Way the remainder of the way to Lower Wheaton Way. This street name change at no discernable intersection has led to some confusion on behalf of the public. To remedy this situation and better provide for public safety, the name should be changed to Schley Boulevard the entire length to Lower Wheaton Way. Fiscal Summarv The estimated cost of the change is minimal, other than staff time to correct maps. 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N A M E C H A N G E �,� .` •., ' Y • "` t� �~�"''�'' . ` �,� ' t ' `> `` . � K ; , , . � y �' * �,�� "� .,� ` � Q „� �,� f �°° ��r ' � � ;`��.,� �, � � � k . a " � � M A G N U S 0 N W A Y w � �i�� ' ' � J''� � � r Q � + ��` / , l � l W I . 1 a � � ��' q � � � i.. � � � .19�� .� ro �� A i.r 1`+"F [ �� ` � i� �i.,^`ZZ �� • �� ,. _.. / ] � . '� r T � � .�� L,� 4a k if �,�� , c I ., �_ �r � �� - �' �-�- � ��- : r �: SCHLEY BOULEVARD �� \R ,, , ' _ . _ � ,�. .,„ ��.� .,' V `�•��, �,t� .. ��.,�s� _� � � � t � �� r ;. , f �' � Sy `.� _ �`.�;�. ' � •=` � � � `�j� � � � y:�,� ��7ti � �� %�, V ��.. '�` 5i � �,` t Y '4R�'A. tit ., L � � '�.. ,� :'�, ; � � ✓, �` '° ��'�;' t;- G�r�.. - � ' � - ' ��5"Urjy'�l��q� l��f?'ViC� M �l�b � 1 � f �.i�� `• �. � i ' �.:.4 ::. � �� ,� ��. ��R9i'p7 n J J � SEC.12,T.24N.,R.1E.,W.M. � � ':;,�,. ` c � 's. , " ',�;�;� � .< < ,., b � � � a, a , ' d,<<l;�Q�rl g v � CITY OF BREMERTON e z�Rl. �:� � , .'.r.� �.,4 'i,.� ""-' � � . ' � '� �� . � j � 01/2010 — GF ^,4 Y '� .4 . . .� ..� � �. _ f ` ,� o� o ' r"' � << F f :� 1 4 1 , � � ' , . � • L� �.r �` , • '„ t T �, a ' �; � r "�ia �� , � , ��. � �, �, :9 j ,�. � ' apA�� , '� `:�', '�, ;) - ��7 J� i � � �'�,,�.;�.� ��' � �?.� � ._ '' (� , � .fir "�1�� ,� 6 . �r;r , �. � ' , ,• , „r' ' �, � , � o . , � ,;,,, � -�_ ` y ,,; � 1 _ =,, , �, � � � � �. � � � , � � �� /� i �� hN r '��. . A � � .� � .. �� _ :x � � • � ti,�, __ �, �� . r ' �� l.�t, ,y ��. �� a ,j �• � • - � ��i c, l � �" `� [' • 6 � ' , s � . , ^ � . � . � �S � � � f � �� n � � � ��' � i ' • s `, • �,� , � �i� ,M� � i r=a r a � o' �� % R� � � J � u • �,��T �>=_ �` �"��: r t� � � � t*n^-,..�' + "�""�''i!"'+'-. � `�y„`.T� ° ` t+. . . < ,��«>t � �.�0 ,�� n _ � � . �..._ � � p L._:a,.�� ' RESOLUTION NO. 310 A RESOLUTION of the City Council of the City of E3remerton, Washington, changing the name of Magnuson Way to Schley Boulevard. WHEREAS, Magnuson Way and Schley Boulevard were created by the United States of America in 1945 with construction of the original Eastpark development, WHEREAS, the redevelopment of Eastpark has removed a portion of Magnuson Way to provide more appropriate development of the site. However, in doing so, has now, made Magnuson Way no longer continuous from Schley Boulevard to Lower Wheaton Way and creating confusion for the traveling public, WHEREAS, City staff has contacted and received approval from all outside agencies concerned with street name changes, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Name Change. The name of the city street Magnuson Way from Schley Boulevard to Lower Wheaton Way is hereby changed to Schley Boulevard. SECTION2. Severabilitu If any one or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. SECTION 3. Effective Date. This Resolution shall take effect and be in force immediately upon its passage. PASSED by the City Council of the City of Bremerton, Washington this day of , 2010. Council President APPROVED AS TO FORM: ATTEST: ROGER A. LUBOVICH, City Attorney CAROL ETGEN, City Clerk 1 Magnuson Way Name Cliange to Sc/r%y Boulevard DATE SUBMITTED: lanuary 7, 2010 �� AGENDA BILL CITY OF BREMERTON CITY COUNCIL .......................................................................................� SUBJECT: Resolution #.3 I OS Committee Meeting Date: January 13, 2010 authorizing the City to execute ARRA COiJNCII. MEETING Datc: January 20, 2010 DWSRF Loan Amendment B for the W Departrnent: PW&U, Engineering Treatment Facility Project. Presenter: Michael Mecham Phone: 473-5288 SUMMARY: The City has accepted an ARRA DWSRF "forgivable principal loan" in the amount of $6,060,000. The loan agreement requires that all activities identified in the scope of work for the loan ' is either under signed construction contract or accepted as Force Account by the City of Bremerton no later than February 17, 2010. Ifneither condition has been met then the City will be considered ineligible for these funds. As a result, the Deparmnent of Health has mandated that in order to meet thc Fcbruary 17, 2010 deadline, the City must adopt a resolution which allows the City to complete the work by Force Account or under signed construction contract. ATTACHMENTS: l. Council Summary; 2. Resolution # 3t o,s FISCAL IMPACTS (Include Budgeted Amount): These funds are necessary for the Ultraviolet Treatment Faciliry Project to be designed and constructed. This loan will provide $6,060,000 (including a loan fee of $60,000 which is to be paid over a 5 yeaz period at 0.00% interest) of the estimated $7,240,000 required to complete this project. All costs incurred which exceed $6,000,000 shall be funded by the Water Utility Fund. APPROVALS: DEPARTMENT DIRECTOR: � CITY ATTORNEY: G FINANCE DIRECTOR: MAYOR: , ' COMMITTEE CHAIR COUNCIL PRESIDENT: CONSENT AGENDA (� � GENERAL BUSINESS ❑ PUBLIC HEARING ❑ RECOMMEriDED MOTION: Move to adopt Resotution #.31 oSwhich authorizes the Mayor to execute the ARRA DWSRF Loan Amendment B which will allow the City of Bremerton to complete the UV Treatment Facility Project by Force Account or under signed construction contract. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Conrinue ❑ No Aetion RESOLUTION NO. 310 A RESOLUTION of the City Council of the City of Bremerton, Washington, authorizing the City to execute ARRA DWSRF Loan Amendment B for the UV Treatment Facility Project. WHEREAS, the City has accepted an ARRA DWSRF "forgivable principal loan" in the amount of $6,060,000; and WHEREAS, this loan will provide $6,060,000 (including a loan fee of $60,000 which is to be paid over a 5 year period at 0.00% interest) of the estimated $7,240,000 required to complete this project. All costs incurred which exceed $6,000,000 shall be funded by the Water Utility Fund; and WHEREAS, the current loan agreement requires that all activities identified in the Scope of Work for the loan are under signed construction contract no later than February 17, 2010; and WHEREAS, the City and the Department of Health desire to amend the Loan Agreement to permit the activities indentified in the Scope of Work to be either under signed construction contract or accepted as Force Account by the City no later than February 17, 2010; and WHEREAS, the Department of Health has mandated that in order to meet the February 17, 2010 deadline, the City must adopt a resolution which allows the City to complete the work by Force Account or under signed construction contract.; WHEREAS, the City has advertised for bids from contractors to perform the work necessary to complete the project and intends to have signed construction contracts for said work by February 17, 2010; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION l. The City of Bremerton desires to comply with a mandate by the Department of Health to adopt a resolution which will allow the City to complete work by Force Account or under signed construction contract. SECTION 2. The City Council of the City of Bremerton does hereby authorize the City of Bremerton to complete the UV Treatment Facility Project by Force Account or under signed construction contract. SECTION 3. The Mayor is authorized to execute the ARRA DWSRF Loan Amendment B which will allow the City of Bremerton to complete the UV Treatment Facility Project by Force Account or under signed construction contract. , ARRA DWSRF Loan An�endinent B SECTION 4. Seti�ercrhilitv. If any one or more sections, subsections, or sentenccs of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. SECTION S. E�'f'ective Date. This Resolution shall take effect and be in force immediately upon its passage. PASSED by the City Council of the City of Bremerton, Washington this day of , 2010. NICK WOFFORD, Council President APPROVED AS TO FO . ATTEST: G �� R GER A. LUBOVICH, City Attorney CAROL ETGEN, City Clerk It•\Legal\Legal\Resolutions\Public Works\ARRA DWSRF Loan Amendment B-UV Treatment Facility.doc , ARRA DWSRFLoan An:endment B COUNCIL SUMMARY AMERICAN RECOVERY AND REINVESTMENT ACT DRINKING WATER STATE REVOLVING FUND LOAN AMENDMENT B Summarv The City has accepted an ARRA DWSRF "forgivable principal loan" in the amount of $6,060,000. The loan agreement requires that all activities identified in the scope of work for the loan is either under signed construction contract or accepted as Force Account by the City of Bremerton no later than February 17, 2010. If neither condition has been met then the City will be considered ineligible for these funds. As a result, the Department of Health has mandated that in order to meet the February 17, 2010 deadline, the City must adopt a resolution which allows the City to complete the work by Force Account or under signed construction contract. "Force Account" for the purposes of this amendment means by City forces or subcontractor. In other words, under these requirements, the City will be allowed to subcontract Force Account work as necessary. The Council should be aware that all of the work in question has been advertised for bids and should be under contract by the February 17, 2010 deadline. The Site Preparation contract has been awarded, the UV System Equipment Procurement contract will be awarded to Calgon Carbon Corporation upon DOH Approval, and bids for the General Construction contract for the UV Treatment Facility will be opened on January 19, 2010 and is scheduled for the February 3, 2010 City Council meeting. This Amendment should be considered insurance in the event of a bid protest or irregularity that would not allow the City to execute the General Contract. Staff has not received the draft Amendment B as DOH is currently finalizing these documents. Staff was advised that Amendment B must be signed and executed no later than February 17, 2010. Fiscal Summarv These funds are necessary for the Ultraviolet Treatment Facility Project to be designed and constructed. This loan will provide $6,060,000 (including a loan fee of $60,000 which is to be paid over a 5 year period at 0.00% interest) of the estimated $7,240,000 required to complete this project. All costs incurred which exceed $6,000,000 shall be funded by the Water Utility Fund. Counal Summary UV Treatment Faality January 20f0 DATE SUBMITTED: �� AGENDA BILL CITY OF BREMERTON CITY COUNCIL .......................................................................................� SUBJECT: Resolution No. 3 l o Committee Meeting Date: 7anuary 13, 2010 authorizing an extension of a letter of credit COUNCIL MEETING Date: January 20, 2010 with Revenue Bonds, 2003 (Kitsap Regional Department: Financial Services Conference Center Bank of America, N.A. Presenter: Cathy Johnson relating to the City's Weekly Rate Demand Phone: 473-5296 Parking Garage). SUMMARY: The City Council of the City of Bremerton, Washington, by Ordinance No. 4846, passed on January 29, 2003 (the "Bond Ordinance"), authorized the issuance and sale of the City's Weekly Rate Demand Revenue Bonds, 2003 (Kitsap Regional Conference Center Parking Garage), in the principal amount of not to exceed $11,750,000. In connection with such Bonds, a letter of credit was issued by Bank of America, N.A. dated as of February 20, 2003. The Letter of Credit will expire on February 10, 2010. The City is preparing to refund the Bonds in the first half of 2010, depending on the bond market. The City would like to extend the Letter of Credit with the Bank for an additional six months after the Expiration Date. The Trust Indenture entered into in connection with the Bonds required the City to provide U.S. Bank National Association, as Trustee for the Bonds, of an irrevocable commitxnent for an alternate letter of credit not less than 30 days prior to February 10, 2010, the expiration date of such Letter of Credit, the Mayor of the City authorized the Bank to provide such a commitment to extend the Letter of Credit for an additional six months. The proposed resolution ratifies this request. No. 3�06 ATTACHMENTS: Proposed Resolution, Exhibit A— Authorization by the Mayor to provide a commitxnent to extend the Letter of Credit, Exhibit B— Terms and Conditions. FISCAL IMPACTS (Included Budgeted Amount): The adopted 2010 budget includes fees associated with the 2003 Conference Center Parking Garage Weekly Variable Rate Demand Revenue Bonds. The Letter of Credit fee per this amendment will be 1.15%. APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: COMMITTEE CHAIR COUNCIL PRESIDENT: CONSENT AGENDA GENERAL BUSINESS ❑ PUBLIC HEARING ❑ RECOMMENDED MOTION: Move to pass Resolution No. 3! n� authorizing an extension of credit with Revenue Bonds, 2003 and authorize the Mayor to finalize and execute any and all documents necessary to extend the Letter of Credit. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action , RESOLUTION NO. 310� A RESOLUTION, of the City Council of the City of E3remerton, Washington, authorizing an extension of a letter of credit with Revenue Bonds, 2003 (Kitsap Regional Conference Center Bank of America, N.A. relating to the City's Weekly Rate Demand Parking Garage). WHEREAS the City Council (the `'City Council") of the City of Bremerton, Washington (the "City"), by Ordinance No. 4846, passed on January 29, 2003 (the "Bond Ordinance"), authorized the issuance and sale of the City's Weekly Rate Demand Revenue Bonds, 2003 (Kitsap Regional Conference Center Parking Garage), in the principal amount of not to exceed $11,750,000 (the "Bonds"), and WHEREAS, in connection with such Bonds, a letter of credit was issued by Bank of America, N.A. (the "Bank") dated as of February 20, 2003 (the "Letter of Credit"); and WHEREAS, the Letter of Credit will expire on February 10, 2010 (the "Expiration Date"); WHEREAS, the City is preparing to refund the Bonds in the first half of 2010, depending on the bond market; and WHEREAS, the City would like to extend the Letter of Credit with the Bank for an additional six months after the Expiration Date; and WHEREAS, the Trust Indenture entered into in connection with the Bonds required the City to provide U.S. Bank National Association, as Trustee for the Bonds, of an irrevocable commitment for an alternate letter of credit not less than 30 days prior to the Expiration Date of such Letter of Credit; and WHEREAS, prior to January 10, 2010, the Mayor of the City authorized the Bank to provide such a commitment to extend the Letter of Credit for an additional six months; and WHEREAS, it is in the best interest of the City to extend the term of the Letter of Credit pursuant to the commitment of the Bank (the "Commitment"); NOW THEREFORE THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHiNGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. De rnitions. Except as otherwise defined herein, capitalized terms used in this resolution have the meanings set forth in the Bond Ordinance. 1 Extension of Letter of Credit with Bank of America SECTION 2. Chunge to Priring Terms o� Letter of�Creclit. The Letter of Credit shall bear interest at the terms outlined in the Commitment of the Bank. SECTlON 3. Rutificution und �luthori�ution. Any action taken consistent witfi the authority of the Bond Ordinance or this resolution, including the Mayor's authorization to the Bank to provide a commitment to extend the Letter of Credit, attached hereto as Exhibit A, are hereby ratitied, approved and confirmed pursuant to the terms and conditions set forth in the letter from Bank of America attached as Exhibit B. The Mayor is authorized to finalize and execute any and all documents necessary to extend the Letter of Credit as provided herein. If the City does not issue refunding bonds, the Mayor is authorized to request further extensions of the letter of credit from the Bank. SECTION 4. .Severabilitv. If any one or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. SECTION S. E ffective Date. This Resolution shall take effect and be in force immediately upon its passage. PASSED by the City Council of the City of Bremerton, Washington this day of , 2010. , Council President APPROVED AS TO FORM: ATTEST: ROGER A. LUBOVICH, City Attorney CAROL ETGEN, City Clerk R\Legal\Legal\Resolutions\Finance\Extending LOCCity of BremertonVR Bonds 2003 2 DOC 2 Extension of Letter of Credit with Bank of America ,�___-�—_ -------_—_- , I� � � ' J,�� i --- --- ----- - � i r �y �; " i iD j; ';i �� ;' ' I ' ' I� _ ,: • i; • , . . � .,. �; , �� .a, Patty lent January 4, 2009 VIA EMAIL AND REGULAR MAIL Ms. Nancy D. Nuerenberg Senior Vice President, Government Banking Bank of America Merrill Lynch Mail Code:WAl-SO1-3426 800 Fifth Avenue, Floor 34 , Seattle, WA 98104 Re: City of Bremerton, Washington, Weekly Rate Demand Revenue Bonds, 2003 (Kitsap Regional Conference Center Pazking Gazage) Deaz Ms. Nuerenberg: The City of Bremerton, Washington (the "City'� would like to extend the letter of credit with Bank of America, N.A. (the "Bank'� in connection with the City's Weekly Rate Demand Revenue Bonds, 2003 (Kitsap Regional Conference Center Parking Garage) (the "Bonds'� for an additional six months. - As you are awaze, the City issued the Bonds on February 20, 2003, which were supported by the Bank's letter of credit dated as of such date and expiring on February 10, 2010 (the "Expiration Date'�. Pursuant to the Tnist Indenture, the City will need to notify U.S. Bank National Association (the "Trustee'� not less than 30 days prior to the Expiration Date for the issuance of a new letter of credit, and will need to pmvide such alternate letter of credit to the Trustee at least six business days prior to the Expiration Date. We would appreciate your assistance in extending the letter of credit, and meeting such deadlines. Please let us know if you need any additional informarion. Sincerely, � Patty L Mayor City of Bremerton, Washington EXHIBIT A BankofAmertca'� ' Merrill Lynch Nancy► o. tararnba� eanic a� 3enbr Vice President 800 5 Ave GovemmeM 88nkklg WA1-501-34-03 9eatlle, WA 98104 TeF: Z08.3S8.82T9 Fa�c 208.368.8818 nnrcr .aan January 8, 2010 Ms. Cathy Johnson Finance 4tffCer City of Bremerlon 348 8 3treet, Sui�e 600 Bremerton, WA 9833T (Delivered vis ema� Eo: cathv.iohnsonCa'�ci.bremerton.wa.us ) RB: Cfty of 9nraubort. Wsshin�ton; INNkfy Rsf� D�mand R�wnw 8onds, 2003 (Kibap R�lo�al Conhnnn C� �ukin� Garay�)� L�tt� oi CndN Dear Cathy, � Bank of America, NA (the "Bank") is pleased to ofler to the City of &emerta� (the "Borr�owei") the oommitted credit facitity (tl�s "Ged� Facility") whose terms are set fo�th in the attached Tem� SheeR. Th� letter and a�ched Term Sheet conta�in contidentlal and proprietary loan siructu�ing and pricing information. Exce� for disd�ure on a conRdential basis 6o y�our �ntants, attomeys and other pro/essansl advi9ors retained by you in connection with fhe Credit FaaliEy or as may be �equired by law (indud�g any pub�c meeting or public disclosure law). tt� conMMa ot th� Temt 3heet may not be disc�osed in whole or in pert to any other person or entity without our p�iar written oonsent. This letter and the accompanying Term Sheet fonn the oMy a�r�M fhat has been entered into betwsen us with respect to the Credlt Facility and there are no separats oral agreemenb or verbal oommitrnents beMreen the pard�ea. This lel� may be modiAed or amended only by the written a�aement of aN ot us. This letter is not assignabis by tl�a Bo�ower without our prior writ�en conseM and is intsnded to be solely for the benefit of the pa�ies hereN. Thb offer wiN expine a� 12:00 p.m. on January 11, 2010 unless you exea�te the endosed oopy ot this letter and ret�m it oo us prior � that tlme (which may be by facsim�e tran�misaion), wh�eupon thi� letter (each of which may b� si�ed in ons or more counte�pa�ts) shaN bsccme a birMi�g agreement. ThereaRer. this c�mmitmer� wiN expirs on February 2, 2010 unlesa detini� documerna�on 1�or the Credlt Facility is executed and delivered p� to such dats. We aP� � aPP�"+�Y to present ynu wilh this c�rtrtunitrnent and look fa�werd �o working wilh you to com� the trar�saction. Plesse call me at (208�38-8279, or Brennan Chun� at (206�358-3585, to discuss any questlons cr oommenta you may have. Sincerely� �j �I�l�� Nancy Nuerenberg, SVP Peta� J. Suliivan, SVP Senior Product Delivery Offlcer Senior Client Manager EXHIBIT B � BankofAmerica ��' ' Merrill Lynch cc: Nancy Neraas, Foster Pepper PLLC Alan $chulkin, Schulkin Law Chuck Bums, U.3. B�k Natlonal Aaeociatfon Diana Wilson, U.3. Bank Na� Assocfatla� &ennan Church, Bank c! America Accepted and Agreed to this ��day ot �.I t.�Q.r 2010. CITY OR BRLAAERTON, WASH11�6TON � � BY . Title • Endosure � BankofAmerica �� ' ' Merrill Lynch 3ummary oi Terms and Conditions City of Bremerton, Washington (Attach�d to commitment L�t�r dat�d Jarnwry 8, T010) January 9� 2010 80RROWItJt: City of &eme�ton. Washingtfln (the "Bor�ower") LEN�R: Bank of Ame�ica, N.A. ("8ank") CR�DIT R14C�fTY: Irrevocabie Trsnstarable Lettet ot CredK No. 3053581 issued by Bank for th� 8orrow�'s accouM to U.3. Bank Natlonai Associatlon ("Trustee') as bene�ciary, in the original sta�d amount of $10,975,139.00. (the "Credit Facilit�') AMOUNT OF CRBDIT Nine M�ibn Seven Hundred Seventy-Three Thousand Seventy�- RACIUTY: 3ix dollara ($9,773,078). EXPIRATtON DATB: The Expiratio� Da�e ot tl�e Credit Faciity ahaM be exter�dad from February 10. 2010 to August 10, 2010. L6TTHR OP CA�HDR F�H: The annu� Letter of Credit Fee shaN be 1.1g96 per annum, eHective February 10, 2010. �XTENSION F�B: $1,000 extension fee. payable upon isauanoe ot the e�c�e�aion to the Letter ot Cred�. EXPBIVS�s: Barower wiA pay aH reasonable cosls �td expenaes associa�ed with the p�eparatla►, due ditigencs� administrati�on and enforcement of adl documentation execxited in oonnscfbn with ths Credit FaciNty, induding Bank of Ame�ica's atbmeys' fees (e9timated at i1,500.00) for review and approval of documeMatan for fhis transactlon. Ltg�'iAL.OPN�IQN: BoROwer to provide Ba�tk o4 America a� unqualiflad legal opinion � na�nally racognized ba�d �o�sel, in lbrm and substance acceptsble to Bank d Art�erica and i!s legal c�unsel, that (i) a� da,vments rela�d b ihe exoerision d the Crsdit FaciNty have been properly adopted, au�d and execuEed; (�) ail documents related to the ex`er�sion d the Cr�edit Fadlity constitute a bgalfy binding obifgation a� the Borrower, payable from the Sec�rity and eMorceabl� a�ccadi�g to th�r terms (subject to standard exceptions). ALL OTH�R TERM9 AND No change to exiating terms a�d �ondidons otl� than those CO�: descxibed above. ORAL AGREEM�NNT9 OR ORAL COMMITMENTS TO LOAN MONBY. TO BXTEIVO CREDR� OR TO FOR�� Fi�OM BN�ORCINO REPAYMENT Of A DB�T Alt! NOT �IFORCE/IOLB UND�R W/I�HIN6TON LAW. DATE SUBMITTED: January 11, 2010 " � AGENDA BILL CITY OF BREMERTON CTTY COUNCIL .......................................................................................� SUBJECT: Resolution No. 3 t o7 Committee Meeting Date: 1/13/2010 Authorization of an Interfund Loan to the COi1NCIL MEETING Date: 1/20/2010 Harborside Plaza and Commons fund from Depariment: Finance the Water fund. Presenter: Cathy Johnson Phone: 473-5296 SUMMARY: The proposed resolution will provide for an interfund loan for up to $800,000 to finance the temporary cash flow need of the Harborside Plaza and Common fund. Grant funds to pay for the purchase of the former Westsound Bank building aze available from an existing grant with the WA Dept of Commerce but due to a requirement to amend the grant prior to drawing the funds the receipt of cash will be delayed beyond the purchase closing date. A temporary loan for cash flow purposes is necessary to bridge the gap. ATTACHMENTS: � Proposed resolution (� o � 3 ► °7 FISCAL IMPACTS (Include Budgeted Amount): Interest costs during 2010 will not exceed $500. APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIlZECTOR: � MAYOR: FISCALBUDGET: CONSENT AGENDA �J OPERATIONS: G�NER L U S COUNCIL PRESIDENT: RECOMMENDED MOTION: ve to app Resolution No. 31 authorizing an interfund loan from the Water fund to the borside Plaza and Commons fund. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action RESOLUTION NO. 310� A RESOLUTION, of the City Council of the City of Bremerton, Washington, authorizing an Inter-fund Loan to the Harborside Plaza and Commons Fund from the Water Fund. WHEREAS, the Harborside Plaza and Commons Fund has a temporary need for cash with which to finance a property purchase pending the receipt of grant funds; and WHEREAS, surplus cash in an amount sufficient to meet these cash flow needs is presently on hand in the Water Fund; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The Finance Officer is hereby authorized and directed to make an inter-fund loan from the Water Fund to the Harborside Plaza and Commons Fund in an amount not to exceed $800,000. This loan shall bear interest at the rate of .25% per annum and be repaid not later than Apri130, 2010. SECTION Z. Severabilitv. If any one or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. SECTION 3. E,�ective Date. This Resolution shall take effect and be in force immediately upon its passage. PASSED by the City Council of the City of Bremerton, Washington this day of , 2010. NICK WOFFORD, Council President APPROVED AS TO FORM: ATTEST: � ROGER A. LUBOVICH, City Attorney CAROL ETGEN, City Clerk , R•\Legal\Legal\ResolutionsiFinance�2010 Interfund Loan - Harbors�de Plaza and Commons doc I � 1 ' Inter fund Loan to the , Ceneral Fund i DATE SUBMITTED: January 8, 2010 AGENDA BILL CITY OF BREMERTON CITY COUNCII, - ...........................................................................................� SUBJECT: Resolution No. 31(�3 Committee Meeting Date: January 13, 2009 Supporting the Submission to the Voters to COUNCIL MEETING Date: January 20, 2009 Renew the Bremerton School Support Levy Department: City Council for Taa� Years 2011 - 2014 Presenter: Council Member Runyon Phone: 360-473-5280 SITMMARY: The City Council wishes to express support of the renewal of the Bremerton School Support Levy for tax Years 2011 to 2014. The renewal collection rate for 2011 is the same as in 2010 and voter approval would mean continuation of current funding levels for the Bremerton School District. ATTACffiVIENTS: Resolution No. ,310$ FISCAL IMPACTS (Include Budgeted Amount): No Impact to City Budgets APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: _� COMMITTEE CHAIlZ COUNCIL PRESIDENT: CONSENT AGENDA ❑ GENERAL BUSIlVESS � PUBLIC HEARING ❑ RECOMIV��NDED MOTION: Move to adopt Resolution No. 3 � o$ supporting the submission to the voters to renew the Bremerton School Support Levy for tax years 2011 to 2014. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action RESOLUT(ON NO. 310$ A RESOLUTION of tlie City Council of the City of Bremerton, Washington, supporting the submission to the voters to renew the Bremerton School Support Levy for tax years 2011 - 2014. WHEREAS, the renewal collection amount for 2011 is exactly the same as the 2010 collection amount; 2012 and 2013 will increase 1% and 2014 will increase by 2%; and WHEREAS, the renewal rate for the 201 1 — 2014 1evy is estimated at $2.50 per $1,000 of assessed valuation; and WHEREAS, this levy is a renewal of the community commitment to good schools. The Bremerton School District has won several awards for their programs to improve student achievement by using local levy dollars to fund those programs; and WHEREAS, levy dollars provide 20.6% of all the overall revenues received by the district and the district spends 82% of its revenues on employee costs to support student learning at all levels.; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: The City Council of the City of Bremerton hereby supports the Bremerton School Support Levy asking voters to renew the existing fund plan and urges its citizens to vote in favor of the levy. PASSED by the City Council of the City of Bremerton, Washington this 20th day of January, 2010. NICK WOFFORD, Council President APPROVED AS TO FORM: ATTEST: ROGER A. LUBOVICH, City Attorney CAROL ETGEN, City Clerk R\Lcgal\Legal\Resolutiuns\Ctty Counctl\Fircmerton Schoul Levy doc �I , � I i � 1 { Bremerto�: Scliool Stepport Levy i � Thaqk You for Your Su ort! Brerqertoq Scbool District � I� pp School Support Levy - � Votiq� Iqforr�atioq �_ �, • ElecGon Day is February 9, 2010. Voters who do not xnsh to retum iheir ballots by mail qn choose T u e s d a y, f e b r u a ry 9 � 2 � � � " • This wdl be an all-mail vote. Polling places will not be from lhe followmg drop olf loca�ons on ElecGOn Day Ballots Nnll be .�� -1 4 open All ballots must be postmarked no later than accepted from 7:00 a m. to 8 00 p m �- �.w� � February 9, 2010 Drop Locatlons: � ° •,,� j • Voter regisVaUon forms are ava�lable in all Bremerton -�- * Bainbrid e Island: BaiMnd Island Sema �',� , Schools, fire stahons, libranes, and at the Kitsap County �„r�,, p�o Br�en Dnve SE �- Courthouse. You can also download a copy onhne at Bremerton: wc�ap aeg�ma� unrary, O � n� o n O �;�",�� www.vote.wa.aov The last day for voters to register is �� sy�van way, Bremerta� ,� Central Kitsep: SAverdale Commuruty Center � ,� ,�. January 21 , 2010 9729 Savarda� Way NW, S�veMale � ' ;,,: .� • The last date to request ballots from the Kitsap Counry Norfh Kitsap: Poulsbo Fue Slatwn O u r � i i d re � -�� , Elections office is February 8, 2010 9fl NE L3eAy Road, Paulsbo � " c"�'� South Kitsap:l4tsap County Aud1a �'� 1028 Sdney Avenue Swte 175 ,� - r� .. • � PoAOrchard �•• ' z r�.'� . � � $o��ep.��ry�� f uture � �� n. 614 Dms�on Street, Pon Orchard .:r' oNytrom800am W430pm � ' � For additional voting information, please contact the �� '� � Kitsap County Auditor's Offlce at (360) 337-7128. � evy f uqds Are Cr�tical to Ocrr 5� ", « ",: , ' �. � � , , .,,,,�,.� .� Tax Relief for Sea�iors aqd Disabled • FREE All-Day Kindergarten for all student� ,. �� * `" �•*� Cit¢ens who aze at least 61 years a older and with an annual mcome less �, ,�m �,,; «,��, than$35 �elgibletor 9taxexempUOqfro�allorpartM pislevy . �ncreased student achievement at every grade e`' , •�, w�� Disabled res�dents, ardless of a e ma also ual for th�s exem Gon To , •. � . ♦ i .� � � ��" ePP�Y, pll the wtsap County Assessor'S Offic6 et 337-4904 `�. + .�" .,' : � •:. •� �,,ti ,.';° UnderlheSeniorTaxE�cehangeProgramthrougABremertonSchool • Elementary Spanish Immersion Program �� x -`"°� Disinct, el�gible senror at¢ens can receive up lo $599 oft their property taxes rnaare�n�sabaoama�o�.rm.nr��a:um byvolunleenngmourschools Formoremformatwnoranappl�caLOn,please Research-based readin math and science curriculum ^�en contactPatryG�aser ,CommundyServicesCoorclinatorat(360)473-1003or • g� � ae mlar. �utn�W agn. 9eMa. a AsaWqy Tho MMa uuo foral sWAenb who ere n�eresred m eEUratmal pmyams mW v�srt our webs�te at www bremertonschools org a��x�� to enhance student learning �a V�� P�as �Y CB EPeLb00u �hB MlroW 6sVIEfe Titla WRCW 2fl4Ea00R¢ereMAW�0oor6ne0orDeruse7asNe. �� Professional development using research-driven best practices 360A79 atOD Theu edAese o 176 N MamnAvenre. &aneAOn, • Washiplm983t2-8562 Pbese mNeW YS B� 3fi0A731014 brha pUWCetion N ellemethe tommb �- �,�,��, Non • Maintain high-qual�ty buildings 134 ManonAvenue N U S POSTAGE Bremer�n WA983�2 PA�� On February 9, 2010, voters will be asked to renew their support for the �,�rtx Seattle, WA BREMERfON SCHOOL DI87RICT Permd No zs� Bremerton School Support Levy. SCNOOL BOARD This measure is N OT A N EW TAX but simply a RE N EWAL Dave Boynton vi�� com�g Postal Customer of an existing funding plan. Loufs Mitchell Carolynn Perkfns EC RWSS ScottRahm Please vote Tuesday, february 9th. SUPERIN7ENDENT Lester "Flip" Hemdon � `en � Lero �� FOR MORE INFORMATION ABOUT THE SCHOOL SUPPORT LEW� PIwWc by � VLEASE VISIT OUR WEBSITE AT WWW BREMERTONSCHOOLS.ORG� ors cn�� (360) 473-'1003 DATE SUBMITTED: 1/4/10 AGENDA BILL � CITY OF BREMERTON 4 CITY COUNCIL .......................................................................................� SUBJECT: Approval to hire a Director of Committee Meeting Date: 1/�6/�6�i'0 l�i 3[� o Financial Services above Step 1 of the pay COiJNCIL MEETING Date: �G�26?0 t��a�� band and to confirm her appointment to the Department: Executive position. Presenter: Patty Lent, Mayor Phone: 473-5266 SUMMARY: BMC Chapter 2.50, Section 2.50.032 (a) requires Council confirmation for the appointment of a Department Director and approval for an initial salary rate which exceeds Rate 1. Council confirmation and approval is requested to appoint BARBARA A. STEPHENSON as Director of Financial Services at Pay Rate 5 of Band 22. Ms. Stephenson has 36 years of work experience of which 18 are primarily in non-profit and the public sector. This includes 3 years in various positions with Boeing, 7 years as an assistant vice president and branch manager for Security Pacific Bank, l 1 years as Executive Director of United Way of Kitsap County and seven (7) years as elected Kitsap County Treasurer holding a key position of public trust in the financial affairs of local government for Kitsap County. Ms. Stephenson attended Bellevue Community Co(lege majoring in Business Administration and banking schools at Lewis & Clark College in Oregon and at the the University of WA. She has received many professional achievements and awards throughout her career and served on many committees and boards some of which she was appointed to by Governor Lowry and Governor Locke. Ms. Stephenson is also an active participant in many community volunteer activities ATTACHMENTS: Resume and Letter of Engagement outlining the negotiated terms of her employment with the City FISCAL IMPACTS (Include Budgeted Amount): Position is fully funded per approval of the 2010 budget. APPROVALS: � DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: COMMITTEE CHAIR COUNCIL PRESIDENT: CONSENT AGENDA ❑ GENER.AL BUSINESS � PUBLIC HEARING ❑ RECOMMENDED MOTION: Move to confirm and approve the appointment of Barbara Stephenson as Director of Financial Services at Pay Step 5 of Band 22, effective upon passage. COUNCIL ACTION: L � Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Cit� uf Brcmc��ton Classitication Spccification tio�cmbcr 2008 UIRECTOR OF FIN:�NCI��L SERVICES c:F:vH.k,��. Hu:vcr��N Plai�s, airects .�nci superv�ses the acti�itics ��fthe ti�ll��vu�g l�inane:ial S�c�ices' Di��tsie�ns• t�inancc, City Clc'rk, I[uman Resources, anci Rremcrton Kitsap :lccess 'I'clevis�un ((3KA C). "I his p��s�tiem plans, ��rga�uzcs, clirccts, and evaluates the City's u�crall a�lministrati��c suppurt �crvices, tinancial uperatwns, 1►1CI f1SC�1� ��I811111i1� tU11Ct10I1S. RF,PRESENTA'i'IVF. ESSENTI��L DU1'IES :�ND RESPONSIBILITIES (Note -- This list is intended only to illustrate the various types ut� wurk that may be pertunned. 'Che umission of specitic statements does not exclude them from the pasition.) • Proviae guidance, �iirection �nd management suppurt to the Financial Ser��ices Di�isions. Ensure accountability for completion ot' departmental goals, objectives and work funrtions. • Develop goals and objectives, assist staff in achieving programs and objectives, and monitor outcomes. Provide advice and infonnation to other departments, Mayor and City Council in support of the Department of Financial Services requirements and city goals and objectives. Develop new systems and procedures to improve efticiency. • Manage budgets, hiring, terrnination, performance evaluations and employee counseling. Justify fixnding and program requirements to Mayor and City Couneil. • Review and prepare proposed legislation, testify before legislative committees and meet with legislators. Coordinate internally with Mayor, City Council and staff and externally with other governments, local Chamber of Commerce, business, AWC and city consultants. • Participate in a variety of special projects as directed by the Mayor such as economic development strategies, new facilities, and purchase and sale of land. • Compile and coordinate research for surveys and prepare reports. Advise, develop and implement policy, procedure, ordinances and resolutions. Review and si�m off on agenda items for City Council. Seek funding opportunities through grants and legislation. Respond to inquiries and complaints from officials, staff, outside agencies and the public. • Design, negotiate and administer contracts, franchises and agreements • Participate on statutory committees and with other civic, community and professiunal organizations. Represent city at public functions and meetings, and maintain awareness of changes and opportunities for local government through professional organizations. • Provides financial operations, planning and consulting services to the Mayor, City Council and City departments on specitic municipal finance issues, budget preparation, and consequences of tiscal alternatives and options. • Prepares City-wide written tinance-related policies and procedures (sometimes through ordinances and resolutions) that help safeguard the City's assets and ensure cumpliance with State regu(ations. • Coord►nate the state and federal legislative action program for the city. Negutiate large contract and franchise agreements. • nssists the Mayor in overseeing and coordinating the City's cyclical ma�or tinancial planning functions, inclu�ii►�g its annual anci multiple-year budget ana City-�v�de capital impmvement E�rogram (CIP), a»d cuurciinating tlle pr�xlucticm ufrcl il1CC{ l)It1Cl�lI �.11y 4)U�I1Cilht)I1S. • M�nitors tinancial trends a►id bud�cted revenues and expenciitures of the City tu ensure that tlscal responsibility and control is maintained and tu assure the tiscal well bcing of the City. • Plans, COOCCIIIl�lll'.S �IIl(I I1lAtlil!?CS II1C Clty intcrim 11I1C� I011�-t(:Clil C�l'�)C Iltl issues in accorclance with the City's ci mana�;ement �olicies, incluciing retentwn ��fqualitied bund counsel and undenvriter(s). Page I uf 3 Cit� of [3rcmcrton Classification Spccification tio��ember 211U8 DIREC"TOR OF FINAVCL�L SERVICES • Rcpurt� thc results uf City tina�icial uperatiuns tu buth City mana��ement 3111{ 1I1C CI(V CUUIICII thrc,u�sh mcmthly ltll{ l(UlII"lCfly rcpurtin�. Pru��i�ics financial anal��,cs, rcp��its an�1 infi�rmatic>n tc� the Mayur, City �lcpartmct�ts an�l City C t)Ufll'1� f0 e��lllllll.0 Cffl'Cl1�C and rr�punsible cicci��un- makin� • Intcrta�cs with thc State Auditur cluring the annual au�lit ��f'the City, courdinatin� thc City's compliance ct'ti�rts, anei respunding both urally and in writtn�; to recc�mmendations, concerns aild tindings. • Develops the annual revenue estim�tes ti�r use in developing the annual or biennial budgcts. Prepares, moniturs atid is responsible f�r tlie bucigets of tlie Financial Services Departmcnt, Miscellaneous Non-Departmenta(, all elebt servict funds, City capital impro�-ement programs, and otller Mayor-assigned operating funds and depart►nents. • Directs and oversees the preparation of various State, fedtral and otller agency reports and ensures that payments made are in compliance to State and federal statutes and regulations. • Provide professional City-related tlnancial advice to the Mayor, City Council and Department Directors, making verbal and written presentations as may be needed or requested; provides financial analyses and interpretations of consultant, legislative, and other related mandates and proposals impacting the City's financial position. KNOWLEDGE. SKILLS AND ABILITIES: Knowiedge of: • City ordinances, policy, charter and state law relating to municipal government • Generally accepted accounting and auditing principles, theory and practices, as well as financial analysis and research techniques • City computer software application systems and information systems technology and applications • Modern principles and practices of management and supervision, and public sector personnel laws, regulations and policies � Advanced level of contract development and negotiations • Proficiency with PC and various application software • Mastery of budgetary principles, practices, operations and procedures • State BARS and general State law as it relates to municipal tinance in Wasliin��ton State • General business and financial management practices needed to operate effectively in the City's general business environment Ability to: • Communicate effectively and maintain quality-working relationships with other City employees and the public during the course of work. Tact, patience and courtesy are needed, as well as the ability to effectively communicate technical concepts to lay people • Allocate resources effectivcly • l:ffectively plan, cievelop and mainta�n complex detailed administrative projects and programs • Create a work cnvironment tllat fosters tcamwork aild coflaburation • Conduct cffective public presentatiuns geared to a wide variety ot'audiences • Nl'f:OtliltC C:11111pIc'.0 a�,:recmcnts that aahcre tu tlie ��oals, ,trate�ic�pl aild �ulicics of tlic City • [ntc;�pret Illl(� UIIC�CCblilil(� l'OIII��E?C lI1tUCllltltlOil ana It�al �iucumcnts and cunceptuali�e, or�anize and direct cumplcx and interrelated tuiancial tuncti�ms and planninb prc�grams to promote, accuracy and compliance �vith laws and tinancial mana�em�nt stand�u•ds, an�i to produce Ii1tOClllltivll 1VI11C}1 11'II� t1SSISC (Ile I�T1y'l)C llCjlll'VC tI1C C 'ity�s objectit es and overall mission • Skill in prepar�n� and �i�recting the preparation of pu(icics, proccclures, urdinances, resc�lutions, comprchensi� e budgcts I1t1�llySt;S repurts ililC{ CCCOI11lIlCI](I1U�1115 Pagc ? uf 3 � Cit�� of [3rcmcrton Classification Speciiication \o��embcr 21108 DIRF CTOR OF FIN:�rCL�L SER�'10ES • U�icicrstand thc City's p��litiral cn��irunm�nt aiui ha��r ,cnsiti� ity tu that em ironm�nt, a�xl havc thc ahil�ty ta tl►i�cti�,n cf�f�ccti��cly �vitlun that cm irc»>i�lcnt • Idcntify th� �lcpartmcnt's fi�turc dirc�ti�m tn rctipemse tu �han�in� City �ic�eis, anei tu cicvel�p, implrmrnt. an�i munitc�r approl�riatc plans, y��als an�i ��h�rcti�cs, �chcciulcs ana acti�m ,tcps • Plan a►ia ��r�;an�r.e anci tu meet ri�id srhedules ana deman�iu�b time-lincs • F:stablish a►id cxecute cumpler oral and �vrittcn instructiuns and tu apply available gui�iclincs to �ariuus situations • Provide lea�iership, counsel IIlOtlV �111C� COI1SICl1C[lVt', �eCtllClllilllCe CeVtCWS t0 t{Cp artment personnel at all le�els, secw•ing their respective commitments to the goals of the department and tile City. • Quickly grasp technical tinancial principles and procedures, and to carry on more than one function at a time i►i an eiiviru�iment subject to many �iistractions OUALIFYING EDUCATION AND EYPERIENCE (i�iinimum Reauirements) Four year degree in business or public administratiun or closely related tield and seven (7) years increasingly responsible work experience in a supervisory or administrative capacity. CPA, MBA or N1PA highly desirable. PHYSICAL REOUIREMENTS Work requires frequent sitting and standing, the ability to operate oftice machines including telephone, fax, computer terminal and copy ►nachine, and occasional lifting over 30 pounds. Regular presentations require public speaking ability and the use of audio visual equipment. Must be able to understand and give complex written and oral instruction. Frequent automobile and occasional air travel are required. �YORKING CONDITIONS Work is primarily performed in an oftice environment. Erequent evening and occasional weekend meetings are required. Frequent local travel and occasional in state and out of state travel required. LEGAL AND REGULATORY EMPLOYMENT CONDIT[ONS • Fair Labor Standards Act: The classitication is exempt under tlie laws of fair Labor Standards Act minimum wage and overtime provisions. • Representation: Non-represented • Civil Service: The classitication is excluded from the City's Civil Service System. • Appointment and Removal Authority: Appointed by Mayor and confirmed by the City Council. Removed by Mayor. This classification specification does not constitute an employment a�;reement between the City and employee. [t is subject ta chan�;e by the City as the needs of the City and requirements change. Page 3 ut 3 Barbara A. Stephenson 19120 Anderson Lane N.W. Poulsbo, WA 98370 (360) 697-1150 Home (360) 337-7136 Work (360)710-9603 Cell stephenson1021(a�comcast.net EMPLOYMENT Nov '06 Re-Elected to the position of Kitsap County Treasurer Nov '02 Elected to the position of Kitsap County Treasurer The county treasurer holds a key position of public trust in the financial affairs of local government. The treasurer's office acts as the bank for the county, school districts, fire districts, water districts and other units of local government. These responsibilities include receipting, disbursing, investing and accounting for the funds of each of these entities. This o�ce plays a key role in developing county budget data working cooperatively with other elected officials. Working with bond counsel and underwriters, we negotiate and manage issuance of bonds and other financial instruments on behalf of the county. Working with the Washington State Association of County Treasurers I review and propose legislation, testify before legislative committees and meet with legislators. Appointed by the State Treasurer, I serve on the statewide Local Government Invest Pool (LGIP) advisory committee: In addition, the treasurer is charged with the collection of various taxes that benefit a wide range of governmental units. Nov `91 to Dec 02 United Way of Kitsap County Executive Director Served as the chief executive responsible for administering the organization's policies, programs and plans. Provided professional leadership toward achieving the mission and objectives of United Way of Kitsap County.' The scope of this position was very broad requiring significant relationships with people at all levels in the public, private and voluntary sectors. These contacts included United Way of Kitsap County Board of Directors, United Ways of Washington chief professional officers around the state, staff and volunteers, public officials, business and labor leaders, agency directors, United Way of America, the news media and the general public. May '77 to Sept '91 Security Pacific Bank (formerly Rainier National Bank) Seven years as an assistant vice president and branch manager. Administered all aspects of branch performance to ensure quality customer service, to optimize branch efficiency and to maximize sales results and profitability Teambuilding, leadership and effective community relations are essential for success in this position. � Seven years a loan officer prior to being promoted to branch manger position. 1973 —1976 The Boeing Company, Seattle Worked in various positions in the personnel area and the AWACS Division. EDUCATION Bellevue Community College, Bellevue WA 1971 — 1972 Major — Business Administration Northwest Intermediate Banking School, Lewis and Clark College, Oregon 1987 Pacific Coast Banking School, University of Washington, Seattle WA 1989 - 1991 PROFESSIONAL ACHIEVEMENTS AND AWARDS . President Elect of the Washington Association of County Treasurers 2009 Re-Elected Kitsap County Treasurer — 2006 Elected Kitsap County Treasurer — 2002 Past President Poulsbo Rotary - 2001 , Local Government Investment Pool — Appointed by State Treasurer Mike Murphy 2003 Association of Washington United Ways — President 2000 Seattle University Visiting Committee for Masters Degree Program "Not for Profit Leadership" 1999 - 2001 Trustee Association of Community and Technical Colleges Trustee of the Year 1996 Appointed to the Washington Commission for National and Community Service — 1996 by Governor Mike Lowry YWCA of Kitsap County Women of Achievement Award 1996 Trustees Association of Community and Technical Coileges President 1995 — 1996 President Elect 1994 — 1995 Chair — Legislative Steering Committee 1992 — 1994 Appointed to Governor Lowry's Federal Funding Roundtable for Families and Children 1995 Appointed to Olympic Community College Board of Trustees 1989 by Governor Booth Gardner (Re-appointed in 1994 by Governor Mike Lowry, 2" term extended by Governor Gary Locke - completed August 2000) Greater Poulsbo Chamber of Commerce Person of the Year 1990 Branch Manager of the Year — 1987 Rainier Nat'I Bank President, Greater Poulsbo Chamber of Commerce 1987 COMMUNITY VOLUNTEER ACTIVITIES (Past and Present) American Red Cross Advisory Board Kitsap Community Resources Board Member President Olympic College Foundation 2006-2007 Board Member Hospice of Kitsap County Leadership Kitsap Founding Board Member � Past Board President Washington Commission for National and Community Service Past Board Member EDC of Kitsap County Past Board Member Bremerton Historical Ship Association J.C. Penney "Golden Rule Committee" volunteer American Cancer Society "Jail N' Bail" March of Dimes "Walk a Lot" Business Improvement Area Assoc. of Poulsbo past Board Member Various committee work in Rotary & Chamber of Commerce SENT VIAEMAIL January 4, 2010 Barbara A. Stephenson 19120 Anderson Lane NW Poulsbo, WA 98370 RE: Letter of Engagement Dear Barbara: It is great pleasure to confirm your appointment to the position of Director of Financial Services pending formal approval by the City Council. Your position is exempt and included in the Management classifications under the Bremerton Municipal Code (BMC) Chapter 2.50 as follows: Position: Director Department: Financial Services Effective Date: February 1, 2010 Rate of Pay: $ 5,123.82 semi-monthly (Step 5, Band 22) Appointment/Removal: Mayor Supervisor: Mayor , Benefits: Pursuant to BMC Chapter 2.50 (attached) Vacation: 20 days (pro-rated for 2010) You are an "at will" employee and may be terminated by the City without cause at any time with thirty (30) days notice. You may be terminated for cause, without notice, and no severance pay shall be paid. � This letter shall constitute your terms and conditions of employment with the City and there are no other written or oral agreements that have not been set forth in this letter of engagement or covered by Chapter 2.50 of the Bremerton Municipal Code (copy attached). STEPFiENSON— Letter of Engugement January 2010 Page I of 2 Please sign below indicating your acceptance of our offer of� employment as outlined above for the City of Bremerton. Sincerely, l - �� , /�. ��l Patty t Mayor cc: Carol Conley, HR Manager ------------------------------------------------------------------------------------------------------------------- ACCEPTANCE OF JOB OFFER: I, BARBAR.A A. STEPHENSON, hereby accept employment with the City of Bremerton as Director of Financial Services, effective February 1, 2010 under the terms and conditions as set forth in this Letter of Engagement. SIGNATURE: ` _ � DATE: �i� "c� Barbara A. Stephe on STEPHENSON— Letter of F.ngage.•ment January 2010 Page 2 of'2 �,,��+ �y �� ar YJ>�� r .(��f' a F��' �� CITY OF PORT ORCHARD �� .�� ;�.��., ' ' _ � . �;.�.�� • *�` ��e�� , �: Office of the Mayor ;�,;.:,;�� t� °.�: > '��ip� s� m ; � �°�''"� ` . � _' ; ° �` '° '� °p -= �} City Hall • 2i6 Prospect Street • Port Orchard, WA 98366 - - - � "�' . Fax: (360) 895 °�<°•, `— � l Voice: (360) 8�6-4409 = �-, _ ;, &,�, themayor@cityofportorchard.us , www.cityofportorchard.us January 11, 2010 City of Bremerton City Council 345 6�' Street Bremerton, WA 98337 Dear Councilmembers, I'd like to take this opportunity to register my enthusiastic support for the appointment of Barbara Stephenson as Bremerton's City Finance Director. I have personally known Barbara for quite a number of years, and believe the City would be well served by her appointment. In addition to her experience as Kitsap County Treasurer, based on my own personal experience, I believe her vast private sector knowledge gained by years in the banking industry, will prove invaluable to the City. Barbara is a highly competent financial manager with a unique mix of government and private sector management exaee�the C t Councieto ove her p ntment nd in a public servant. I would strongly encour g Y Sincerely, � - � ^ `" ' �� s ,�- j� : �= ,- � ;- � La�/Copp � Rllayoc � = . �City of Po �Orchard CC: Mayor Patty Lent Patricia J. Kirkpatrick Page 1 of 1 6 ,8 u �. Christine Grenier From: Christine'Grenier on behalf of City Co�uncd =� Sent: Wednesday, January 20, 2010 8:51 AM To: City Councd ;' Subject: Citizen Comments - Barbara Stephenson (Bruce Woolnough) FYI... ', (Printed copres w�ll be provacted for your Council Packet ) � �. From: bdd�w@comcast.net [mailto:bddjw@comcast.net] Sent: Wednesday, January 20, 2010 5:43 AM To: Gty Councd Cc: Patty Lent Subject: FINANCIAL SERVICES DIRECTOR POSITION - CONFIRMATION�? To each of the members of our City Council, I encourage you to read the comments on the Kitsap Sun article which ran last week (Jan 14) regarding the upcoming confirmation hearing for Ms. Stephenson. Many of the comments appear to be well thought out and reflective of the collective thinking of your community members...particularly the comments about 3/4 the way down the blog sight starting with MARINER968 on down. Basically, the comments indicate that the citizens of Bremerton think the council needs to slow the train down on Ms. Stephenson's confirmation. While we would all like to give our new Mayor what she wants in the form of departments heads she can work with, the council must take a closer look at why the current requirements for the position are what they are - that's why we elected each of you. Ms. Conley, our Human Resources director comments that cities often consider work experience as a substitute for � a degree, but then goes on to say that Ms.Stephenson would have been weeded out earlv had several people with the requisite degree applied. I believe that in the case of Bremerton's Financial Service Director, had the position been advertised, we would have many very capable, qualified applicants. In view of the large salary attached to the position and the importance of proper stewardship of public funds, the council owes the citizens of Bremerton a lot more due diliqence before rushing to confirmation. With regard to the current requirements and the large salary for the position, the City Council should be able to come up with a qualified leader who has both the requisite degree AND an adequate number of years of experience in public finance. Q ualified candidates are out there but y ou will not know it unless the city advertises the position. Should the Council decide that this position shouldn't be filled competively, the salary attached to the position should be reduced significantly_. Government administrative positions commanding salaries in excess of $100K are getting out of hand...particularly in a city with a high unemployment rate and an average family income of less than $50K. Let's hire for the position the correct way...competively_. It won't take that long and the Council/Mayor will be better off in the eyes of the electorate because of the care taken. Sincerely, Bruce D. Woolnough 1965 Cook Lane Bremerton, WA 98312 (360) 405-9605 1 /20/2010 Page 1 of 1 Lori Smith �O � From: Lori Smith on behaif of City Council Sent: Tuesday, January 19, 2010 4:01 PM To: City Council Subject: Citizen Comments - Finance Director Appointment (Ron Ross) Attn: Council Members Mr. Ron Ross (360) 692-2296 left a message on the Council Office Voice mail today at 11:51 AM, directed to Cecil McConnell. He expressed his opinion that he "did not think it is appropriate for Mayor Lent to appoint Barba�a Stephenson in the manner she is... Counci/ in the past set up guide/ines for what shou/d be qua/ifications and they shou/d not be a/tered just because the Mayor has a friend she wants in office... He wou/d /ike to see the Counci/ te// her no... That wou/d he/p the Mayo� to not get off on a bad foot... Not a good policyjust because she wants it... He also thanked Cecil for "being here and appreciates Ceci/ taking his time to be on the Counci/... " 1/19/2010 Page 1 of 4 Lori Smith � V From: Will Maupin [WiII.Maupin@comcast.net] Sent: Tuesday, January 19, 2010 2.15 PM To: City Council Cc: 'Judy Friedberg-NerP Subject: FW: Bremerton Finance Director Below is a conversation I had with a constituent about the appointment of the Director of Financial Services. It starts at the bottom with a letter that she sent to the editor of the Kitsap Sun. I also received a phone call today from Ron Ross urging me to not approve the appointment currently proposed. Ron used some of the same arguments noted below about the differences between the Treasurers job and a City Finance Director, following established requirements, etc. Will Lori, please send to all Councilmembers. From: Judy Friedberg-Nerf [mailto:jnerf@comcast.net] Sent: Saturday, January 16, 2010 11:37 AM To: Will Maupin Subject: Re: Bremerton Finance Director sorry, one more comment - re: "not wanting to fight w/mayor", "candidate is nice person" - both can be true while still focusing on legislative responsibilities - ie: provide checks and balances, serve the people of the City, collaborate with other electeds and appointed officials to competently run the business of the City, - upholding the laws and procedures of the City is proper governance - ignoring them is abdication of duty and an insult to the people Council is elected to serve - this is not a popularity contest and discussions should not be framed through that lens - I would say the Mayor's earlier published comment about "caring about how money is spent" should be validated by Council - ie: that in caring about how money is spent requires one to raise pertinent questions, insist on excellent professional proficiencies in staff that is hired, and compensate candidates for the services/expertise they actually bring to the service of the City - to stand for competencies is not the same as fighting - standing up can be done respectfully, and choosing clear unambiguous language is the vehicle for effectiveness - one can pledge openly and on record to work collaboratively with the Mayor to do what's best for the City, and at the same time insist on proper procedures and selection of competent staff to accomplish this should be paramount in executing duties of Council - and to gratefully thank a candidate for being willing to help is both gracious and sincere - and perhaps there might be other positions in the future for which she qualifies and for which her skill set would be suitable AND sufficient - I would not want an EMS to provide medical service for me and my family, or yours, nor a government professor to represent me in legal matters - all may be competent in their fields, but "working in the field in a related capacity" is not the same as having the skills and expertise necessary to perform specific duties of a specific position - if this candidate does not possess the necessary expertise, education and experience for the position, this should be said in specific, non-hostile manner, clearly, on the record, then let the chips fall where they may - if there are remaining questions about whether experience is qualifying, take time to review and clarify before moving to confirmation - if necessary, go down each point in PD that is specific knowledge required of a CFO and ask 1/19/2010 Page 2 of 4 for elaboration - same for details of supervisory experience that pertains specifically to auditing and financial services duties - this is what a responsible, dedicated person can do - doing this is not the same as refusing to work with the person if confirmation goes forth - but it does clearly communicate expectations of what is expected of the person, if hired, and it clearly signals to that person, and the citizens, what the standards of performance are and that performance will be measured against those standards - in these days when elected officials just walk away from their positions, leaving consequences in their wake and essentially thumbing their noses at citizens who worked for and invested in their campaigns and trusted that they would assume duties and execute them, those persons who are committed to their communities and job responsibilities, seem to me to have an extra duty to hold to standards and be verbal about such - that's it - thanks for the conversation ------------------------ ------------------------ From: Judy Friedberg-Nerf (mailto:jnerf@comcast.net] Sent: Friday, ]anuary 15, 2010 7:54 PM To: Will Maupin Subject: Re: Bremerton Finance Director thanks I think it questionable to offer a position at a professional salary that is based on degree plus specific to a candidate without a degree and specific job related experience - I can't make this proposed decision compute! have a good holiday weekend - maybe the sun will shine! On Jan 15, 2010, at 4:31 PM, Will Maupin wrote: Judy, I agree that the experience portion of the "Qualifying Education and Experience" in the PD is weak but it is supposed to be in addition to the required degree. I plan to discuss that the experience is understood to be in the field directly related to the job. I will check the county budget book. Laura Lyon has a degree in accounting from WSU and is a CPA. Laura was the assistant general manager and CFO at the Clark County PUD. Andy Parks has a BS in Business, Finance and Accounting (according to a profile I found on Linked-In) and was the Assistant City Manager and CFO at the City of Bend Oregon. I know Andy has a degree from the University of Oregon because I discussed it with him. The person before Laura was Mike Wilson who has a Law (JD) Degree and was a city manager and finance director at several cities before Bremerton. Will From: Judy Friedberg-Nerf [mailto:jnerfCalcomcast.net] Sent: Friday, January 15, 2010 3:30 PM To: Will Maupin Subject: Re: Bremerton Finance Director � I'm glad the WFOA information was helpful. You will note in the Finance Directorship job postings WFOA that all (I believe - I'm working from memory now) require degree plus finance and auditing experience, etc. - Bremerton job description omits reference to type of experience ie: finance and auditing, and just references supervisory experience - frankly, I think that is 1/19/2010 Page 3 of 4 weak and should be remedied to refer to the specific type of experience that is required knowledge for the position, otherwise just any administrative experience could be said to apply (even my administrative background in education????) - it may be the loophole that will be used to justify confirmation in this case - do check out the County budget book - very clear descriptions of responsibilities and duties for Auditor, Assessor and Treasurer - Auditor = CFO., Treasurer doesn't come close to having financial services skills and expertise requirements - hope someone goes on record with specific concerns about job skills in addition to education requirements before the vote is taken - by the way, what was Laura Lyons and Parks educational background & experience - and previous Directors in that position? On Jan 15, 2010, at 3:17 PM, Will Maupin wrote: ' Judy, Thanks for the letter and thanks for the WFOA information. I have provided the WFOA information to all Councilmembers. I was the chair of a committee that formulated the proposal for formation of the Financial Services Department in 2004. The council approved the organization structure and the Position Descriptions for all of the key positions in the Department. We had a lot of debate at the time and decided that a college degree was required for the director (there was not much debate about this) and other positions. The only arguments I can see for ignoring the requirements are because she seems like a nice person or we don't want to fight with the mayor. I think it is a dangerous precedent to set, not following our own requirements and not respecting the decisions of previous councils. It is also a slap in the face for people in the department who were required to have a degree before being promoted to their positions. We have spent a great deal of effort upgrading our key positions in the city so we could compete with other cities our size for talent. It would be shame to see this position downgraded on the whim of the mayor and council. Thanks, Will From: Judy Friedberg-Nerf fmailto:jnerf@comcast.net] Sent: Friday, January 15, 2010 12:06 PM To: Will Maupin Subject: Fwd: Bremerton Finance Director Will, I want you to know I've sent the following letter to the Sun. I see from Sun articles that you and Cecil are raising relevant questions. Given that you each often arrive at decisions using different touchstones, that you are both raising similar questions seems to me that you each are working from a common platform - what is best for the City. Thanks to you both for looking beneath the surface for solutions that will be best for Bremerton. Please keep exploring until all questions are satisfied before contemplating the confirmation step. If you haven't already, you might find relevant related points on the Sun blog - later rather than earlier blog postings reflect some thoughtful, rather than reactive, points. 1/19/2010 Page 4 of 4 Judy Begin forwarded message: From: Judy Fnedberg-Nerf qnerf�comcast net> Date: January 14, 2010 11 05 52 PM PST To: letters(�kitsapsun com Subject: Bremerton Finance Director Kitsap Sun reports City Council discussions about Finance Director candidate's lack of minimum educational qualifications. An appointment has been announced but there has been no competitive process to find the best qualified person to fill this position. No mention has been made publicly by anyone whether this candidate possesses proficiencies in accounting, auditing principles, financial analysis, State standards and laws relating to municipal finance, coupled with demonstrated ability to provide financial operations, planning and consulting services to the Mayor, Council and department heads - all are published requirements for the Bremerton position. These omissions seem odd. They prompt questions. Given Finance Director serves as the chief financial officer for the City, I'm curious why this position is not open to a competitive process to seek the best qualified professional to assume responsibilities required of this position. Have important steps been missed in eagerness to fill this position? A quick look at the Washington Finance Officer's Association website postings for Finance Services Directorships reveals positions require a minimum of 4-year degree plus multiple years experience in accounting and finance practice. Bremerton's job description (not posted with WFOA) requires essentially the same, and further states that a Masters in Business Administration or Public Administration is "highly desirable". The 2009 Kitsap County Budget Book describes County Auditor as the "chief financial officer" under whose responsibility most if not all County financial services functions fall - the very type of financial services knowledge and experience required of the Bremerton Finance Director. County Budget Book describes Treasurer duties as essentially that of "banker" for local governmental units. Kitsap Sun descriptions of candidate's banking and other professional work appear to confirm the candidate is well qualified for current position as Kitsap County Treasurer, its revenue collection and distribution functions, and administrative responsibilities assigned to Treasurer. But does experience as "banker" translate into competencies required for Finance Director? With all due respect for City officials, and the current candidate, can the Kitsap Sun help connect the dots? Judy Friedberg-Nerf Bremerton 1/19/2010 Page 1 of 1 Lori Smith �p,� From: Lori Smith on behalf of City Council Sent: Tuesday, January 19, 2010 11:19 AM To: City Council Subject: FW: Citizen Comments - Barbara Stephenson (Jean Charneski) FYI... (Printed copies wi// be pro vided fo� your Counci/ Packet... J From: jcharneski@comcast.net [mailto:jcharneski@comcast.net] Sent: Sunday, )anuary 17, 2010 5:07 PM To: Patly lent Cc: City Council Subject: Barbara Stephanson I hope Ms. Stephanson's name will be withdrawn or not accepted by the City Council. The City Finance Director needs to be filled by someone who knows how to read financial statements, spreadsheets and put together budgets. This really requires an accounting and/or CPA experience. Barbara Stephanson was a branch manager at Bank of America. Having worked at BofA myself, plus Key Bank, US Bank, Timberland Bank, Kitsap Bank, First Interstate Bank of Washington, and Barclays Bank over 20 year period, I know none of these banks would consider an A.I.B. certificate as equivalent to a college degree. . Large banks do reimburse for college tuition for employees wanting to acquire a college degree in fields such as accounting, finance, communications, and English. Also, a branch manager's duties are limited to supervision of tellers and operations staff (not commercial lenders) and consumer loans. At various times, the branch manager may be doing commercial loans up to $25K for which a simple faxed application for an SBA loan is all that is needed. Branch managers are not trained in reading and analyzing financial statements. For that, BofA would require a RMA Omego course or Nickels School in Oregon. They also recruit personnel with potential for the Pacific Coast School of Banking, a three-year program that is equivalent to an MBA. Ms. Stephanson did not have any banking experience in investments which is a major component of the Treasurer's position. Therefore, I assume she had to rely on pre-existing staff to train her or do the work themselves. Finally, how will Ms. Stephanson acquire the trust and respect of her staff who do have accounting experience when she must rely on them to put together budgets and interpret spreadsheets? Please reconsider and hire someone more qualified. A college degree does matter, but more importantly, a degree in accounting and/or finance. Jean Charneski 1/19/2010 Page 1 of 2 Lori Smith �� From: Lori Smith on behalf of City Council Sent: Tuesday, January 19, 2010 11.16 AM To: City Council Subject: FW: Comments on Barbara Stephenson (Jim Avery) FYI... (Printed copies wi// a/so be provided fo� your Counci/ Packets...) -----Original Message----- From: Adam Brockus [mailto:brockusformanette@gmail.com] Sent: Tuesday, January 19, 2010 11:06 AM To: City Council Subject: Fwd: Finance Director Lori, Could you please distribute this to the other Councilpersons or include it in our binders? Thank You -Adam _______ Forwarded message -----__� From: Jim Avery <jave�y@co.kitsap.wa.us> Date: Tue, Jan 19, 2010 at 10:11 AM Subject: Finance Director To: brockusformanette@gmail.com Adam, Im happy to respond. Although I will miss Barb if she goes over to work with you and others in the City of Bremerton, I must give her a ringing endorsement for your Finance Director position. She has proven to be an excellent, professional manager of both people and money during her seven plus years as County Treasurer. I have watched her do much more than just collect and distribute property tax. Her banking experience and counsel has been a real benefit to the Board of County Commissioners in dealing with the financial crisis brought on by the Kitsap County Consolidated Housing Authority real estate investments, including the Harborside project in your city. She has also been out ahead of many others here in the county when it comes to finding efficiencies in her operation, which is an area where I think she will be very valuable to your city should you confirm her , for this position. ' Barbara is not afraid to make changes when they are called for. Her re-design of the property tax billing statement to include previous year's payments by taxing district is unique in the state and has �� much increased taxpayer understanding of property taxes. And her switch of tax payment processing contractors to a local company (Kitsap Bank) was a brilliant move. � � , In m o inion the count s loss will be Bremerton s ain if/when the council confirms Barb for this Y p Y J , position. You are welcome to call me if you'd like to discuss this further. 337.7085. , � Jim Avery ' ; 1 /19/2010 i Page 2 of 2 Kitsap County Assessor Please note our new office hours for 2009: Monday - Thursday 8:00-5:00 Closed Fridays »> Adam Brockus < brockusformanette�gmai/.c»m > 1/i8/2010 6:35 PM »> Jim, As the Kitsap County Assessor, I would appreciate your opinion on the County Treasurer. Do you think Barbara Stephenson has the experience and knowledge to be a good Finance Director for the City of Bremerton? I would appreciate an answer by Tuesday, Jan 19th. Thank You, Adam C. Brockus, PE Bremerton City Councilman, District 3 brockusformanette@gmail.com 1/19/2010 Page 1 of 1 Lori Smith ` �� From: Lori Smith on behalf of City Council Sent: Friday, January 15, 2010 12:30 PM To: City Council Subject: FW: Citizen Comment - Stephenson Appointment (Lillian Crawford) FYI... From: Murray Crawford [mailto:mandicrawford@msn.com] Sent: Friday, January 15, 2010 12:13 PM To: City Council Subject: Stephenson , Although I don't live within Bremerton city limits, I still consider Bremerton my home town (I was born and raised in Bremerton) so here is my two cents worth. The Counal and Lent need to have a good working relationship. Nixing the Stephenson appointment could foster hurt feelings or create a perception that there is a power struggle between the council and the mayor. On the other hand, Mayor Lent needs to understand and acknowledge the Council's role. I would suggest accepting Stephenson but at a lower salary than what Lent proposed. Sincerely, Lillian Crawford 2996 NE Delphi Loop Bremerton, WA 98311 692-7514 1 /15/2010