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HomeMy WebLinkAbout12/15/2010 AGENDA -, � i � • CITY COUNCIL 345 6� Street, Su�te 600, B�emerton, WA 98337 ❑ Phone (360) 473-5280 DECEMBER 15, 2010 CITY COUNCIL MEETING AGENDA 1 BRIEFING 5 00 — 5 30 P M in COUNCIL CONFERENCE ROOM 603 A General Council Busmess 2 CALL TO ORDER 5 30 P M in FIRST FLOOR CHAMBERS A Pledge of Allegiance B Invocation 3 MAYOR'S REPORT 4 PUBLIC RECOGNITION 5 CONSENT AGENDA A Claims & Check Register B Minutes of Special Meeting — November 29, 2010 C Minutes of Meeting — December 1, 2010 D Minutes of Study Session — December 8, 2010 E Bremerton-Kitsap Access Television (BKAT) Service Contract with the City of Bainbridge Island F Renewal of Property Insurance through AFFivaTE� FM INSURANCE for 2011 G C011t1'aCt EXteC1SI0t1 With DIAMOND PARKING SERVICES LLC for Harborside Parking Garage H Ordinance No 5134 to amend Ordinance No 5099, which adopted the FY-2010 Budget, and Ordmance No 5117, which amended the FY-2010 Budget I Interlocal Agreement with Kitsap Public Utility District (KPUD) for Funding of the Urnted States Geological Survey (USGS) Kitsap Peninsula Groundwater Study J Amendment to Gold Mountain Golf Club Operating Agreements with Sco'rr' A�ExAN�ER's Go�F SHOP ItvC (1) Golf Management Agreement, (2) Food & Beverage Services Agreement, and (3) Lease for Pro Shop, DrivEng Range, and Cart Pad, and (4) Professional Services Agreement for Greens Superintendent Services with ED FAULK OPERATIONS LLC, INC K Air Rights Easement Agreement with 190 PACiFic AvENUE LLC 6 PUBLIC HEARING(S) ' A Resolution No 3129 approving Contract with WASTE MANAGEMENT OF WASHINGTON, INC dba Brem-Air Disposal for Solid Waste, Recycimg, and Compostable Organics Collection and Disposal 7 GENERAL BUSINESS A Resolution No 3130, supporting the development of a 9-11 Memorial at Evergreen Rotary Park, establishing oversight of the pro�ect, and appomting representatives to the Kitsap 9-11 Memorial Committee and to the Kitsap 9-11 Memorial Design Subcommittee B Approval of Grant Agreement with the Department of Ecology for the FY-2011 Municipal Stormwater Capacity Grants Program 8 COUNCIL MEMBER REPORTS 9 ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING LL ____ � Amencans with Disabd�t�es Act (ADA) accommodations prov�ded upon request Those requinng spec�al accommodat�ons should contact the C�ty Clerk s O�ce at (360) 473-5323 by noon on the Monday preceding the Councd meehng BREMERTON CITY COUNCIL MEETING SPEAKERS LIST PLEASE PRINT YOUR NAME BELOW IF YOU WISIT YOUR COMMENTS TO BE INCLUDED IN THE RECORD f � �, �o �� � � r � f�.� ✓���/" � S � O�vV�.Vv� �2, �J�� � ►�' �(;�,� � e� i ��. �(C.� �'l l � � � � 1 �tiQ � � I� . �I �, �� � e�� � i �.,� ��3..,� � U� � C� � �� � � �-� /9'� REQUESTS FOR INFORMATION MUST BE SUBMITTED IN WRITING TO THE CLERK THANK YOU DATE SUBMiFTBD 12/15/2U70 AGENDA BILL C1TY OP BREMERTON CI7 Y COUNCIL enQ��aoarr�rv�nn���wwnnRSYrer�owwa��srMr����aar�e�er�r�rw���r���r��ra=��o�r�����a��ar�r��etii SUBJECT• Camm�ttee Meet�ng Date � (� C4UNCIL MEETING Datc December 15, 2010 Claims & Check Register Department Financial Se� v�ces Presentei Cathy Johnson Phone 473-529G SUMMARY: Consent Agenda �fiem Approval of checks and eleet� omc fund t� ansfea s ATTACHMEN'TS: Check Re��ster FISCAL IMPACTS {lnclude Budgeted Amount) APPRUVALS. DEPARTMENT DIRECTQR CITY ATTORNEY FINANCE DIRECTOR MAYOR � � ^� W �� COMMT TT�E CI�AIR � � COUNCIL PRESIDENT / CONSENT AGENDA � GENEIZAL BUSINESS ❑ ' PUBLTC HEARING ❑ RECOMM�NDED MOTT4N: 1) Correction to December l, 2010 — Check #'s 340587 th�ou�h 340745 and E�T's -#'s 10367 th�ough 10442 m the amount of $1,868,198 43 2} Cl�eck #'s 34474G through 3409GI and EFT's I0443 throu�;h 10484 �n the amount of $3,045,889 64 3) Regular Paytoll for the pay periad endin� November 30, 2010 �n the amount af $708,854 89 4) Regular Paytoll Payout foi the pay pe� iod end�ng November 30, 20] 0 in the amount of $39,880 22 COUNCIL ACTION � ApprQVC, ❑ Dcny ❑ Tablc ❑ Cont�nuc ❑ No Actron i�� i i�i t3��t � � i i� �(.F:VDf� lill I ( I I Y OF 13RE'�1CRTOv ( 1 f 1( c)1-;�( IL .......................................................................................� �l R.IFC T ('i►� ( ��unc.il �icctin, �1�nutcs C �tI11111111CC �1��tu�� [)atc V 1 tut m��tnt3 uf c c)lJ�( II �ll I I Iv(� i�.�t� '�Cp� �� 1 � . �� � OV�—�Ylb�i1' . �O � p [�cp�utmcnt ('ity ( uun�il P�cticntei Ni�k Wuftord, ( uunc�l Pres��lent I'hunc 1360) �173-5280 �U�Ii�IARY Attachecl is the summary of the City Council tilectin� hcl�i l�ove.rnbex- zq ��.o �a ATTACHMENTS: Meeting M�nutes for (JOv 2�� �-p I a � FISCAL IMPACTS (Include Budgeted Amount) �1/A 4PPROVALS DEPARTMENT DIRECTOR Council President C'[TY ATTORNEY N/A FiNANCE DIRECTOR N/A MAYOR N/A C'OMMITTEE CHAIR N� A ( OUNCIL PRESIDENT ('ONSENT AGENDA (� (,ENERAL BUS[NESS ❑ �_Pl)BLIC HEARING ❑ ItF( O,ti1��lENDFD ��IOTION �lu�� to �i����io4c mcctm� minutes as piesc,nte�l ( ()t \( II 1( IIOV ❑ \pp�o�� ❑ 1)�ny ❑ I,ihl� ❑ ( untinu� ❑ Nu ��t�un DIGITAL RECORDING CITY COUNCIL SPECIAL MEETING MINUTES Monday, November 29, 2010 The Special Meetmg of the City Council of the City of Bremerton was called to order in the Councd Conference Room Room 603 of the NORM DICKS GOVERNMENT CENTER located at 345 6' Street Bremerton, Washmgton, Monday, Novembe� 29, 2010, at 5 00 PM, with Council President Nick Wofford presidmg Council members present were Wdl Maupm, Carol Arends, Dianne Robinson, Greg Wheeler, Roy Runyon, Adam Brockus, Cecd McConneil, and Jim McDonald Legislative Assistant Lori Smith was present to provide staff support to the Councd President Wofford announced that the Special Meetmg was open to the public, however there would be no opporturnties for mput or partiapation, that no action wdl be taken, and the content of these items is sub�ect to change 1 Proposed ordinance to repeal and replace Chapter 15 06 of the Bremerton Murncipal Code (BMC), and an ordinance to establish and update certain rates and fees for 2011 — Vmcent Akhimie, Director of Public Works & Utilities Department General Bus�ness dunng December 1 Counc�l Meet�ng 2 Proposed ordmance to repeal and replace Chapter 3 01 of the Bremerton Murncipal Code (BMC), and a resolution to establish and update certain rates and fees for 2011 — Cathy Johnson, Interim Director of Financial Services Department General Bus►ness dunng December 1 Counc�l Meefmg 3 Questions and Answers regarding Proposed 2011 City Budget 4 General Councd Business With no further busmess, President Wofford ad�ourned the Special Meeting at approximately 6 35 PM Prepa ed and Submitte y L RI SMITH Legislative Assistant Attest CAROL ETGEN, City Clerk NICK WOFFORD, City Counal President NW CE Is cg I�\ I I til li�il I I I I) 1(,EVD � lill 1. ( I I'Y OF (3RE\IE RTOv c � r� c c�t tic it_ ........................................................................................ tit RJ�( I' ( itv (��uncil �icctin� �t�nut�s C� �Ic�tuiti [).ilc V� lu� m��1�n� ut c c�l ��( II �Il L I INc � I�.,t� - — �Cb° rr�b�x' 1�� I o ������ � / � � L)c��.utmcnt ( ity ( uun�tl i icscntei Ni�k �Votford, C u�uuil Pres�aent I'honc ( �(�U) �73-5280 �U��I�IARY• Attac,hed �s the summary ot the City Council �ieetin� helci Z�Q,C.�.YVL� �� a..o l O ATTACHNIENTS• Meeting M�nutes for '��� �� �...o ( p FISC�L IMPACTS (Include Budgeted Amount) N/A APPROVALS DEPARTMENT DIRECTOR Council President C[TY ATTORNEY N/A FINANCE DIRECTOR N/A 1�1AYOR N/A ('OMMITTEE CHAIR N/A ( ()UNC'IL PRESIDENT _ C ONS[:NT AGENDA �' GENERAL BUSINESS ❑ _PUBLtC HEr1RING ❑ ItH C O11�IE,�(DFD ,�IOTION �i�n c tc� .ip��ro� � m��tin3 minutcs as prc.sc.nt�J ( t)t \( Il �( flO�1 ❑ f�ppto�t ❑ I)�ny ❑ I ihl� ❑( untinu� ❑ No ^�hon DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wednesday, December 1, 2010 The weekly meeting of the City Council of the City of Bremerton was called to order Wednesday, December 1, 2010, at 5 00 PM in Council Conference Room 603 of the NoRnn DicKS GovERrvMErvT CENTER 345 6 Street, Bremerton, Washington, 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 Also present were City Attorney Roger Lubovich, City Clerk Carol Etgen, and Legislative Assistant Lori Smith 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 Paul Meeker of Our Saviour's Lutheran Church MAYOR'S REPORT Mayor Patty Lent • Proclaimed December 1, 2010 as World A►ds Day in the City of Bremerton, • Presented a Mayor's Apprec�at►on Awards to Cathv Johnson, Acting Financiai Services Director, and Carol�ne Thompson, Budget Analyst for their work in preparing the City Budget without a Finance Director position in place [Becky Hasart begms w►th the City today as the new F�nanc►al Serv�ces D►rector ] • Announced that the City of Bremerton, along with only one other City, was awarded a 2010 Drinking Water State Resolving Water Fund (DWSRWF) Award • Thanked the Public Works Department crews for their outstanding work during the extreme weather conditions experienced last week PUBLIC RECOGNITION & ANNOUNCEMENTS Jerrv McDonald explained that he was an owner of a waterfront condominium and expressed his concern about a recent rash of graffiti near their building He would like to see the City implement a consistent process for citizens to report graffiti Dave Ferqus thanked members of the public and the Council who provided input regarding the 9-11 Memorial, and reported that nearly $20,000 was raised at the fundraiser last week which shows there is a lot of support in the community for this pro�ect CONSENT AGENDA A Check Numbers 340587 through 340745, and EFT-10367 through EFT-10410 in the amount of $1,868,198 43, Regular Payroll in the amount of $715,638 29 for the pay period ending November 15, 2010, and Retiree Payroll in the amount of $78,413 31 for the pay period ending November 30, 2010 B Minutes of Meeting — November 17, 2010 There were no quest►ons or comments from the public 05 45 45 M/S/C (Arends/Wheeler) Move to approve the CoNSENT A�EN�a as amended Voted in favor of Motion McDonald, McConnell, Brockus, Wheeler, Robinson, Arends, Maupin, Wofford Abstained Runyon Motion carried 8-Yes, 1-Abstention GENERAL BUSINESS 6A — ORDINANCE NO 5115 AMENDING CHAPTERS 5 02 040 AND 5 02 070 OF THE BREMERTON MUNICIPAL CODE (BMC) RELATED TO LANDLORD LICENSE FEES Council President Nick Wofford stated that the current provisions of the Bremerton Municipal Code (BMC) do City Council Reg Mtg Minutes Wednesday, December 1, 2010 Page 2 of 6 not require a separate business license for each rental property location The City desires to require a business license for each property location There were no comments �n favor of the ord�nance Comments aqa�nst the ord�nance were prov�ded bv and summar�zed as follows Jeff Perdine (Landlord who believes this extra fee is only a tax to offset the City's budget problem, sends a message that the City is anti-growth, and pomted out that landlords do not get notified when their tenants contact 911) Mark Coleman (Landlord and member of PROA which he said helps to make him and other members a better landlord, fully understands that services are not free, and if the extra fee is passed, he will label it a"Nick Wofford Surcharge" on all future rental agreements) Jerrv VanFossen (Landlord and member of PROA read a statement listing several reasons why he is against the passage of this ordinance) Christina Montenance (Property Manager and member of PROA attested that the properties managed by her are inspected regularly, and pointed out that many of her landlords are military personnel that become landlords when they are deployed and this extra fee is unfair to them, and will do nothing to promote growth of business in the area) Dave Cooper (Landlord and local business owner of Cooper Fuel & Auto Repair did not like the government to be so willing to take from any profits that they are able to make and would �ust as soon pull his business and rentals out of Bremerton and relocate to an area that appreciated and supported landlords and business owners) Jim Adrian (Landlord for over 30-years and one of the few who resides in Bremerton, had statistics to show that property value in Bremerton has continued to go down, while property taxes continue to go up, and the vacancy rate has remained high over the last 3-years, fluctuating between 6 7% and 7%, also pointed out that he is currently aware of several businesses that do not have any business license at all and could be easily identified by reviewing water bills) Brett Warner (Business owner agreed with a point raised by Jim Adrian about this action by the City punishes the honest business owners and landlords, and the City should instead actively identify those dishonest business owners and landlords that do not obtain a license at all, and also believes that the City already has enough laws in place to deal with enforcement, and has information available on a case in Mukilteo if any of the Council Members are interested ) Mr Wofford agreed that he was amiss in not pointing out that 90% of the landlords operating in the City are indeed honest and law abiding business owners, and pointed out that this proposed action would not affect anyone in the military that was renting out their one home because this action only affect multiple rental units 06 22 30 Mot�on was made by Runyon, and seconded by Maupin, Comments were then prov�ded by the Council Mr Runvon asked for clarification about the difference between a fee and a tax Roqer Lubovich, City Attorney, stated that a fee is to cover the costs to administer a particular program and a tax is basically funds that are collected and then disbursed to cover a wide rage of costs Mr Runvon then asked for specifics about how the funds collected from the license fee would be used Mr Wofford responded that the funds would go into the General Fund, and also discussed a proposed amendment to the ordinance in the future that would provide a reduction in the fee for landlords whose properties do not have any violations in the previous year Mavor Lent talked about a brochure being distributed titled "Property Maintenance for Landlords", City Council Reg Mtg Minutes Wednesday, December 1, 2010 Page 3 of 6 discussed the recent "Beautify Bremerton" event, and the City is currently working with Utility Billing to identify all rental landlords who have a current business license and hopes to have a full and complete list by the end of December She believes that an amount equal to this proposed fee could be generated in this way Mr Wofford pointed out that the brochure was an additional expense that had to be paid out of the General Fund Mr McConnell asked about the ownership of contiguous units, and pointed out that he has never seen a license fee or a tax go down, they only go up He also asked how many rental units were currently in the City, and how many licensed landlords Mavor Lent responded that current research shows there are 2,000 rental units and 1,000 licensed landlords Mr McConnell ended by saying he was not in favor of this proposed ordinance Mr McDonald and Mr Maup�n both discussed their reasons for being in favor of this proposed ordinance Mr Maupin established that landlords are required to have a license for a reason, but the City has historically not treated the ownership of rental units as a business as it should It was also pointed out that this was not a significant fee and was also tax deductible Mr Brockus has listened to all of the input both for and against, and even though he was going to vote in favor of this fee, he did not believe that members of PROA have taken the time to understand why the Council has proposed this fee Mr Wheeler has three or four different important reasons to be against this action, with the most important being his concern for the low-income, elderly, and unemployed residents and does not want to be responsible for one more fee being passed on to them Ms Robinson was not in favor of this fee, and was also concerned about the low-income residents of her district She has been frustrated that during her time on the Council, she has not seen any progress to improve that area by the City 06 47 47 M/S/F (Runyon/Maupin) Move to approve Ordinance No 5115 amending Section 5 02 040 of the BMC entitled "Definitions" and Section 5 02 070 of the BMC entitled "Separate General Business License Required" Voted in favor of Motion Maupin, McDonald, Wofford Voted against Motion McConnell, Brockus, Runyon, Wheeler, Robinson, Arends Motion failed 3-Yes, 6-No 6B — ORDINANCE NO 5130 TO AMEND AND REPEAL CHAPTER 3 01 OF THE BREMERTON MUNICIPAL CODE (BMC), AND RESOLUTION NO 3128 TO ESTABLISH AND UPDATE CERTAIN RATES AND FEES FOR 2011 Cathv Johnson, Interim Financial Services Director, explained that in con�unction with preparation of the 2011 Proposed Budget, the administration is recommending that the rate and fee schedule found in Chapter 3 01 "Rate Tables" be removed from the code, and that the rates and fees be re-established and amended by separate ordinance This will create a cost savings in eliminating ordmance publication and codification expenses each year A link to the rate table will be available on-line in the Code and on the City's website, or available in hard copy through the City Clerk's Office There were no questions or comments from the public 07 01 07 Mot�on to pass Ord�nance No 5130 was made by Brockus, and seconded by McDonald 07 01 58 M/S/C/U (Brockus/McDonald) Move to pass Ordinance No 5130 repealing and repiacing Chapter 3 01 of the Bremerton Municipal Code as amended 07 02 01 Mot�on to adopt Resolut�on No 3128 was made by Brockus, and seconded by Runyon, City Council Reg Mtg Minutes Wednesday, December 1, 2010 Page 4 of 6 07 02 31 Motion to amend Rate Table D was made by Maupm, and seconded by Runyon There were no quest►ons or comments from the publ►c on the amendment 07 03 15 A-M/S/C (Maupin/Runyon) Move to amend Rate Table D in Resolution No 3128 to include the chicken license fees previously adopted in Rate Table D in Ordinance No 5126 Voted in favor of Amendment Runyon, Wheeler, Robinson, Maupin, McDonald, Brockus, Wofford Voted against Amendment Arends Abstained McConnell Amendment carried 7-Yes, 1-No, 1-Abstention 07 04 15 M/S/C/U (Brockus/Runyon) Move to adopt Resolution No 3128 establishing and updating certain rates and fees for 2011, as amended 6C — ORDINANCE NO 5131 TO REPEAL AND REPLACE CHAPTER 15 06 OF THE BREMERTON MUNICIPAL CODE (BMC), AND ORDINANCE NO 5132 TO ESTABLISH AND UPDATE CERTAIN RATES AND FEES FOR 2011 Vincent Akhimie, Public Works & Utilities Director, explained that in con�unction with preparation of the 2011 Proposed Budget, the administration is recommending that the rate and fee schedule found in Chapter 15 06 be removed from the code, and that the rates and fees be re-established and amended by separate ordinance This will create a cost savings in eliminating ordinance publication and codification expenses each year A link to the rate table will be available on-line in the Code and on the City's website, or available in hard copy through the City Clerk's Office There were no comments from the public 07 06 30 Motion to pass Ordmance No 5131 was made by McDonald, and seconded by Runyon, Comments were then prov►ded by the Counc►1 07 12 15 M/S/C/U (McDonald/Runyon) Move to pass Ordinance No 5131 repealing and replacing Chapter 15 06 of the Bremerton Municipal Code, as amended 07 12 45 Mot�on to amend Ord�nance No 5131 to increase Water Utdity rate by 2% was made by Maup�n, and seconded by Brockus, Comments by the Councd were then provided There were no quest�ons or comments from the public on the amendment 07 30 58 A-M/S/C (Maupin/Brockus) amendment to increase Water Utility rate by 2% Voted in favor of Amendment Arends, Maupin, McDonald, McConnell, Brockus, Runyon, Wofford Voted opposed to Motion Wheeler, Robinson Amended Motion carried 7-Yes, 2-No 07 31 58 Mot�on to amend Ordinance No 5131 to ►ncrease Stormwater rate by 2% was made by Brockus, and seconded by Runyon, Comments by the Counc►1 were then provided There were no questions or comments from the public on the amendment 07 37 39 A-M/S/C (Brockus/Runyon) amendment to increase Stormwater rate by 2% Voted in favor of Amendment Maupin, McDonald, Brockus, Runyon, Arends, Wofford Voted opposed to Motion McConnell, Wheeler, Robinson Main Motion carried 6-Yes, 3-No 07 38 10 M/S/C/U (McDonald/Runyon) Move to adopt Ordinance No 5132 establishing and updating City Council Reg Mtg Minutes Wednesday, December 1, 2010 Page5of6 certain rates and fees for 2011, as amended PUBLIC HEARING(S) 7A — ORDINANCE NO 5133 ADOPTING THE 2011 CITY OF BREMERTON BUDGET Cathy Johnson, Acting Financial Services Director, summarized that the City of Bremerton prepares its budget on an annual basis under the authority granted by Chapters 35 33 RCW The budget process is designed to meet the operations and service needs of the City by integrating the planning and implementation of City programs and ob�ectives with the allocation of resources sufficient to support such services and programs — within the limits of available funds A preliminary annual budget for fiscal year 2011 has been prepared and filed with the Office of the City Clerk Public hearings have been held for the purpose of fixing the final City Budget and the City Council has deliberated prior to the approval and adoption of the budget Pres►dent Wofford opened the publ►c hear►ng for public comment Jeff Perdine thanked the City's Finance staff because he can appreciate the tremendous amount of work that goes into balancing a budget, but still believes that the City's Finance Department is overstaffed, and also believes that Utility Billing is overstaffed He asked that the Council have the courage to review efficiencies in these two areas next year Pres�dent Wofford then closed the public hear�ng to comments from the public and opened d�scussion to the Councd 07 44 08 Motion to approve Ordmance No 5133 was made by Brockus, and seconded by Wheeler 07 44 25 Amendment was made to the Main Mot►on by Runyon, and seconded by Robmson Mr Runvon explained that he proposed this amendment because since the beginning of downtown revitalization, the following City-owned tourist facilities have been constructed Harborside Steps, Fountain Park, Memorial Plaza, and the Pacific Plaza He established that the annual operating and maintenance of these facilities including the Boardwalk costs approximately $200,000 and is the responsibility of the City Parks & Recreation Department Since Lodging Tax funds may be used to maintain tourist-related facilities, this amendment shifts $10,000 of the award recommended by the Lodging Tax Advisory Committee to the Admiral Theater, to the Parks & Recreation Department as a way to supplement general fund revenue to be used to maintain downtown tourist-related facilities Wyn Birkenthal, Parks & Recreation Director, explained that this action would help his Department maintain this investment He explained that a presentation was made to the Lodging Tax Advisory Committee Add�t�onal comments on th�s proposed amendment were provided by the Counc►1 08 06 22 A-M/S/F (Runyon/Robinson) Move to amend Ordinance No 5133 reducing the proposed funding award for the Admiral Theater by $10,000, and to award the $10,000 to the City of Bremerton's Parks & Recreation Department for use in maintaining downtown tourist-related facilities including the Boardwalk Park, Fountain Park, Harborside Steps, Memorial Plaza, and Pacific Plaza Voted in favor of the Amendment Runyon Voted against the Amendment McConnell, Brockus, Wheeler, Robinson, Arends, Maupin, McDonald, and Wofford Amendment failed 1-Yes, 8-No 08 08 18 Amendment was made to the Main Motion by McDonald, and seconded by Robinson Discussion on the proposed amendment was provided by the Council, as well as Pol�ce Ch�ef Cra�_q R oqers City Council Reg Mtg Minutes Wednesday, December 1, 2010 Page 6 of 6 08 10 18 A-M/S/C/U (McDonald/Robinson) Move to amend Ordinance No 5133 amending the Community Relations & Information Specialist from 70 FTE to 1 00 FTE for the 2011 budget The additional cost will be absorbed in the Police Department general fund budget Discussion on the Mam Motion was then prov�ded by the Council 08 23 42 M/S/C/U (Brockus/Wheeler) Move to approve Ordinance No 5133 adopting the City of Bremerton 2011 Budget as amended COUNCIL MEMBER REPORTS Jim McDonald reported on the Illahee cleanup Adam Brockus encouraged the public to attend a Washington State Ferries Community Meeting on Thursday, December 16 from 5 30 to 7 30 PM at the Bremerton Ferry Terminal located at 211 1 Street, reported on the recent District 3 Community Meeting and mentioned the last meeting of the year will be on Tuesday, December 14, and lastly, announced First Friday Artwalk and WinterFest festivities to be held this Friday Rov Runvon announced that severe weather shelters will be available through March 31 St at St Paul's Episcopal Church, 700 Callahan Avenue, The Coffee Oasis, 822 Burwell Street, and First Lutheran Church, 18920 4 Avenue in Poulsbo For more information, please contact the Salvation Army at (360) 373-5550 or dial 211 Greq Wheeler attended send-off celebration for Glen Godfrey, Festival of Trees, and will attend the Artwalk and Winterfest events this Friday Dianne Robinson read a statement to encourage citizens to shop and spend locally, and a pledge to spend at least $100 Carol Arends encouraged attendance at the Artwalk event downtown Will Maupin reported on the recently formed Residential Parking Committee, and asked if anyone had a particular problem or suggestion, please contact the Council Office He also talked about Apple Cup and ended with "Go Cougs�" Nick Wofford reiterated thanks to Cathy Johnson and Caroline Thompson for their efforts on bringing a balanced budget With no further business, President Wofford ad�ourned the Council Meeting at 8 35 PM Prepared and Submitted by 9 LORI SMITH Legislative Assistant Attest CAROL ETGEN, City Clerk NICK WOFFORD, City Council President NW CE Is cg i���i �i i;�t�i �� �� ,�l � +\ IJl` t��' 1. 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( � � � [)�paitmcnt ( ity ( uuncil �/ { D� � � I'icticntcr Nicb Wulford, ( oun�il Presidcnt I'hone 1 �6O) -�73-5280 �U�I�titARY Attachc�l is the summary of the City Cuun�il ;�1eet�n� hetcl ����b� $/ ��� ATTACHNIENTS• Meeting Minutes for �.e� ���, g ��( p FISCAL IMPACTS (Include Budgeted Amount) N/A 4PPROVALS- DEPARTMENT DIRECTOR Council President I C[TY ATTORNEY N/A FINANCE DIRECTOR N/A MAYOR N/A ( OMMITTEE CHAIR N/A ((�[JNC'IL PRESIDENT I C ONSFNT AGENDA f C,ENERAL BUSINESS ❑ PI�BLIC HEARING ❑ ItECO,M1I�IF.�DFD �IOTION �l���c tu .i����ro�c m��tin� minutcs <<s pi�s�ntc�1 ( ()t \( 1l. �( 11OV ❑ \ppru« ❑ I)�ny ❑ I ihl� ❑ ( untuiu� ❑ No �1�tiun DIGITAL RECORDING CITY COUNCIL STUDY SESSION MINUTES December 8, 2010 A Study Session of the City Councd of the City of Bremerton was called to order in the City Council Conference Room 603 of the NORM DICKS GOVERNMENT CENTER 345 6` Street, Bremerton, Washington, Wednesday, December 8, 2010, at 5 00 PM, with Councd President Nick Wofford presiding Council Members present were Will Maupin, Carol Arends, Dianne Robmson, Greg Wheeler, Roy Runyon, Adam Brockus, Cecil McConnell, and Jim McDonald Legislative Assistant Lori Smith was present to provide staff support President Wofford announced 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 sub�ect to change 1 Bremerton-Kitsap Access Television (BKAT) Service Contract with the City of Bainbridge isiand — Charleen Burnette, BKAT Public Access Manager (Information Only) Consent Agenda on December 15, 2010 2 Renewal of Property Insurance through AFFi�iATE� FM INSUw�rvcE for 2011 — Thelma Swem, Risk Management Specialist Consent Agenda on December 15, 2010 3 Contract Extension through June 2011 with Diamond Parking Services, LLC for Harborside Parking Garage — Carol Etgen, City Clerk, and Adam Brockus, Finance Committee Chair Consenf Agenda on December 15, 2010 4 Interlocal Agreement with Kitsap Public Utdity District (KPUD) for fundmg of the United States Geological Survey (USGS) Kitsap Peninsula Groundwater Study — Kathleen Cahall, Water Resources Manager, and Dianne Robinson, Public Works Committee Chair Consent Agenda on December 15, 2010 5 , � , , , , Item pulled, and postponed unt�l January 2011 6 Approval of Grant Agreement with Department of Ecology (DOE) for the FY-2011 Murncipal Stormwater Capaaty Grants Program — Larry Matel, Transportation Managmg Engineer, and Dianne Robinson, Public Works Committee Chair General Bus�ness on December 15, 2010 7 Contract for Solid Waste, Recycling, and Compostable Organics Collections and Disposal with Waste Management oF WASHiN�TON, IrvC — Vincent Akhimie, Public Works & Utilities Director, and Dianne Robinson, Public Works Committee Chair, and representing Waste Management were Terrv B�ckle, District Manager, and Susan Robinson, Public Affairs Director Publ�c Hear�ng on December 15, 2010 President Wofford called a 10-mmute break from 6 30 to 6 40 PM 8 Amendment to Gold Mountam Golf Club Operating Agreements — Wyn Birkenthal, Parks & Recreation Director, and Roy Runyon, Public Safety and Parks Comm�ttee Chair Consent Agenda on December 15, 2010 a) Golf Management Agreement with Scorr A�Ex,4N�ER GOLF SHOP INc b) Food and Beverage Services Agreement with SCOrr A�ExArv�ER GOLF SHOP, INC City Council Study Session Mmutes Wednesday, December 8, 2010 ' Page 2 of 2 c) Lease for Pro Shop, Driving Range and Cart Pad with SCOTT ALEXANDER Go�F SHOP, INC d) Professional Services Agreement for Greens Supenntendent Services with E� Fau�K OPERATIONS LLC INC 9 Proposed resolution in support of establishing a 9-11 Memorial in Evergreen Rotary Park — Wyn Birkenthal, Parks & Recreation Director, and Roy Runyon, Public Safety and Parks Committee Chair General Bus►ness on December 15, 2010 10 P�oposed ordinance to amend Ordinance No 5099, which adopted the FY-2010 Budget, and Ordinance No 5117, which amended the FY-2010 Budget — Becky Hasart, Financial Services Director, and Adam Brockus, Finance Committee Chair Consent Agenda on December 15, 2010 11 Air Rights Easement Agreement with 190 PaCiFiC AvErvuE, LLC — Roger Lubovich, City Attorney Consent Agenda on December 15, 2010 Council Committee Chairs provided briefings on their Committees, and general information was shared Thomas Knuckev of the City's Public Works Department reported on the City's response to leak in a 30-mch sarntary sewer main near 9 & Montgomery, and prior to the end of the meetmg, was able to update the Councd that the leaks were located and being repaired With no further business, President Wofford ad�ourned the Study Session at 7 45 PM Prepared and Submitted by � LORI SMITH Legislative Assistant Attest CAROL ETGEN, City Clerk NICK WOFFORD, City Council President NW CE Is cg DA7'E SUBMITTED' December 13, 2010 AGF.riDA BILL CITY OF BRE�4IERTON CITY COUNCIl, ...........................................................................................� SUB.TECT: BKAT Corrtra�t for Se�nrices St�dy Session Mtg Date December 8, 2010 VY�b the C�ty of B2unbndge Island COUNCIL MEE'17NG Da�te December l S, 2010 Department Finance Presenter Char Burne�tte Phone 308-0139 Sib�ViMARY: BKAT will pnovide Services to the City of Bainbndge Island m the form of recordmg aod surin& th�r Crty Co�mcil meehngs and Councd Studp Sess�ons and programmmg their Governme� Access c)mm�el for a six (6) month penod January l, 20l 1— June 30, 20l I ATTAC�VdE��7'S: Contract for Semce and Rate Sheet �"ISCAL IMPACTS (Lic�ude Budget�d Amoimt) $28,400 00 m reveTwe to BKAT APPItOVALS: DEPAR'I�1rIE1'�T DIRECTOR CITY ATTORNEY FI�AKCE DIRECTOR MAYOR COMMITTEE CHAIR CO1�1�CII. PRESIDEl'�7` COI�ISEI�T AGEI�iDA X GENERAL BUSINESS ❑ PitBLIC HEARIAIG ❑ RECOMME1�iDED MO'I701�i: Move to approve the BKAT Contract for Services w�th the C�ty of Bambndge Island and authonze the Mayor to final�ze and eacecute ihe agreement w�th substanhally the same terms and cond�rions as presented COUNCII. ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Cantmue ❑ No Act�an BREMERTON KITSAP ACCESS TELEVISION SERVICE CONTRACT CITY OF BAINBRIDGE ISLAND Tlus Agreement �s made and executed on ttus day of December, 2010, by and between the C�ty of Bremerton (heremafter referred to as "Bremerton"), wlvch operates Bremerton ICitsap Access Television (heremafter referred to as "BKAT") and the City of Ba�nbndge Island (hereu►after referred to as "Ba�nbndge") Bremerton and Ba�nbndge hereby agree as follows Section 1. Scone of Services. In exchange for fundmg provided by Bauibndge to Bremerton, BKAT shall provide governmental access television services mcluduig but not lumted to v�deo production and program schedulin� BKAT shall provide techrucal support, consultation, pre- production and post-productaon sernces, properly tramed sta� and volunteers, dvd duphcation and deLvery no later than the 2°� busmess day follovv�ng complehon of pro�ect to program sponsor, and coordmarion of programmmg hours of the Government Access Channel on Ba�nbndge Island The follovv�ng sernce commitments for the specified number of events to be covered are herem estabhshed Ci of Bainbrid e Islaad Commitments Number per Estimate Descriution Location Schedule Sia Mont6 Penod Time uer Event City Cotmcil City Counc�l Second dt Fourth 12 2 hours Meehn Chambers Wedn s City Council Study City Cotmc�l Fust bt Th�rd 12 5 hours Session Meetm Chambers W s Extra City MeeUngs Ctty Council As requested 2 3 hours Chambers Misc Tramin Vanous 2 5 TOTAL 28 100# Total Charges: $17,800.00 (c6arged at $100.00 per hour) * These hours do not reflect time in set up and tear down of equipmen� Billing will reflect these hours. � Programmmg I-I�gh School Road Weekly Vanous Vanous Govemment Access Bwlci�ng Channel Totai Charges: $12,000.00 (charged at $500.00 per week) Ba�nbnd�e shall reta�n control over program content and des�gnate one person to authonze and schedule programs produced under ttus Agreement BKAT shall provide production and playback of regulazly scheduled C�ty Council meetmgs and study sessions Product�on requests by Bau�bndge over and above those specified above wiU be arranged on a per produchon basis Fees for these sernces are separate from ttus Agreement BKAT vv�ll provide a worksheet of fees (Attachment B) and will work vv�th Bau�bndge on a production schedule and tunehne for complehon Bambndge shall have total control over content of special productions BKAT will work vv�th Ba�nbndge to estabhsh regular, consistent playback tunes for programs produced under this Agreement Once scheduled, program times shall not be moved, altered or deleted vv�thout the consent of Bainbndge Section 2. Pavment Obli�,ations A monthly invoice will be provided to Bauibndge It is the responsibilrty of Bauibndge to ensure payments are uut�ated and completed vv�thui 30 days of receipt Section 3. Term. Tlus Agreement shall be for a penod of six (6} months commencm� January 1, 2011 and term�natmg June 30, 2011 Sechon 4. Termination. Either party to this Agreement may ternunate the Agreement without cause upon givuig thuty (30) days' wntten not�ce to the other party Section 5. Sever�biliri. In the event any provision m ttus Agreement is deemed unconstrtutional, illegal, or void as a matter of law, the parties agree that all of the provisions of tlus Agreement that are not affected by such occurrence, shall constrtute a full and complete Agreement between the parties Section 6. Indemnifv and Hold Harmless. The parties shall each mdemrufy, defend, and hold the other harmless from and agauist any and all claims, surts, actions, causes of action, losses, damage, or habilit�es ansing or resultang from any alleged ne�gent or mtentional acts or onussions ansmg out of the performance or non performance of their respective responsibiliries as set out m tlus A�reement Section 7. Nohces. All not�ces and other commumcations to be given by either party may be given m wnting to the appropnate party as follows DUector of Financial Services City of Bremerton 345 Sixth St , Su�te 600 Bremerton, WA 98337 City Clerk City of Ba�nbndge Island 280 Madison Ave N Bainbndge Island, WA 98110 PATTY LENT, MAYOR BRENDA BAUER, CITY OF BREMERTON INTERIM CITY MANAGER CITY OF BAINBRIDGE ISLAND APPROVED AS TO FORM APPROVED AS TO F4RM Roger A. Lubovich, City Attomey Jack Johnson, Crty Attorney BKAT GOVERNMENT RATE CARD 2011 Pre- roduction E w ment Consultafion $100 00 Per hr Pro ram Develo ment $100 00 Per hr Research $100 00 Per hr Location $100 00 Perhr S bn $100 00 Per hr Gra hics Devel ment �100 00 Per hr Production' Crew Set-u $100 00 Per hr Crew Production $100 00 Per hr Crew Breakdown $100 00 Per hr "m�nrmum of 2 hours fi�r an roductions Post Production Editm $100 00 Per hr Voice Over $100 00 Per hr Audio Sweeternn $100 00 Per hr Miscellaneous Tramin $100 00 Per hr E ui ent Installation $100 00 Per hr E ui ment Troubleshoot�n and Re air $100 00 Per hr DVD Du licat�on max. 120 mmutes $35 00 Each '"'No cha e for ram Masters DATE SUBMTTTED December 3, 2010 AGENDA BILL CITY OF BREMERTON CTTY COUNCIL .......................................................................................� SUBJECT: 2011 Property Insurance Committee Meetmg Date December 8, 2010 COUNCIL MEETING Date December 15, 2010 Department City Attorney's Office Presenter Roger Lubovich and Thelma Swem Phone 473-2345 SUMMARY: The Bremerton Mutucipal Code authonzes the Risk Management Specialist, with the approval of the City Attorney, to bmd property msurance coverage on Crty assets and requires City Council approval for the contmuation of the bound coverage Property msurance coverage for 2011 has been bound wrth Affiliated FM Insurance The annual premium for 2011 is $212,930 Coverage is sub�ect to a$100,000 deductible for most losses and a$50,000 deductible for boiler and maclunery losses Earthquake and flood msurance is only provided for the Wastewater Treatment Plant, the Harborside Conference Center, the Hazborside Sculptures and Fountams and PSNS Memonal Plaza ATTACHMENTS: Insurance Bmder FISCAL IMPACTS (Include Budgeted Amount) Sufficient funds have been budgeted in the Risk Management Fund for tlus expenditure for 2011 APPROVALS: DEPARTMENT DIRECTOR CTTY ATTORNEY FINANCE DIRECTOR MAYOR _�-� � COMMITTEE CHAIR � �°- COUNCIL PRESIDENT CONSENT AGENDA GENERAL BUSINESS ❑ PUBLIC HEARING ❑ RECOMMENDED MOTION: Move to approve the continuation of the property insurance bound by Affiliated FM Insurance for 2011 COiJNCIL ACTION• ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action ��.►..,, Affiliated fM INSURANCE BINDER for City of Bremerton Policy No. TT735 To Janet Coombs At W�ll�s Insurance Sernces of Seattle, [nc Fax No 206-386-7960 From Peter J Sundnes Date 10 Dec 2010 Pages 8 This b►nder is �ssued su6�ect to all the terms and condit�ons of the policy regularly issued by the Company m the state o'r provmce m which the property is located However, if there is any �ncons�stency or confl�ct w�th the terms and conddions of sa►d pol�cy, ofher than stafutory, the fem►s and conddions of this binder wdl take precedence A. POL.IC.Y TERM: 31-December-2010 to 31-December-2011 B NAMF.D IN�LTRFD. City of Bremerton, and rts wholly or ma�onty owned subs�dianes and any mterest which may now ex�st or heremafter be created or acquired wh�ch are owned, controlled or operated by any one or more of those named msureds C. POLICY LIMIT. Th�s company's liabil�ty w�ll not exceed the respechve Sub-Lirruts of Liabil�ty shown elsewhere for the coverages mvolved However, m no event will the company's total L�rrut of L�ability exceed $100,000,000 as a result of any one occurrence, regardless of the number of penls, coverages or locat�ons mvolved D INSLT_R_ANCE PROVIDED. All nsks of d�rect physical loss or damage, as defined and l�rruted herem, on Real Property, Personal Property, Busmess Intem�pt�on, includmg the Extensions of Coverage applymg at the follovrnng descnbed locahons As per Vehicle and Equipment Ust on file dated 9/10/2010 and Property Schedule on file dated 9/10/2010 Eacluding the Casad Dam and Watershed Bndges E S 1R- . MIT4. Unless otheiw�se stated below, the followmg sub-l�rrnts of l�ab�lrty will apply on a per occurrence bas�s for all coverages prov�ded, and are part of, not m add�hon to, the above lvmt(s) of liabilrty For Annual Aggregate sub-lim�ts the pohcy year will begin at the mcept�on date of this pol�cy and be concurrent w�th the annrversary dates of th�s policy 1 $56,000,000 Earth Movement (Annual Aggregate, for all coverages provided) 2 $56,000,000 Flood (Annual Aggregate, for all coverages prov�ded) 3 $1,000,000 Extra Expense -- The Company will pay the greater of the sub-l�m�t or 15% of the reported annual Busmess Interrupnon values 4 $1,000,000 Busmess Intemiphon 5 $t,000,000 Veh�cles and Contractors Equipment - as descnbed �n Items 4& 6, Sechon H, Spec�al Terms and Cond�t�ons 6 $253,857 Docks, P�ers, and Wharves 7 $25,000 1930 Wh�te F�re Engme - Model 61 VIN# 171186 Page 1 of 8 -..�_,�,� Affiliated fM F EXTENSIONS OF �. A,.(.O 1 S 1B- .IMITS: The followmg sub-l�m�ts of l�ab�l�ty will apply on a per occurrence bas�s for all coverages prov�ded, unless otherwise stated below, and are part of, not m add�hon to the above l�m�t(s) of l�ab�l�ty For Annual Aggregate sub-l�m�ts the policy year w�ll begm at the mcephon date of th�s pol�cy and be concurrent w�th the annrversary dates of this pol�cy All Risk - Exteasions of Coveraee Sub-Limits• 1 $100,000 Fue Fighhng Matenats and Expenses 2 $100,000 Profess�onal Fees 3 $250,000 Exped�hng Expenses 4 $100,000 Trees, Shrubs, Plants and Lavms not to exceed a lim�t of $1,000 per �tem 5 $250,000 Pavements and Roadways 6 $50,000 Land and Water Clean Up Expense (Annual Aggregate, for all coverages provided) 7 $250,000 Installat�on Floater 8 $5,000,000 Newly Acquired Property 9 $1,000,000 Utmamed Locahons Coverage 10 $3,200,000 Fme Arts 11 $1,000,000 Accounts Receivable 12 $1,000,000 Valuable Papers and Records 13 $1,000,000 Electromc Data Processmg, Data and Media 14 Demol�hon and Increased Cost of Construchon Policy L�mtt Item A Undamaged Porhon $5,000,000 Item B Demol�hon Included in 14b Item C Compliance v�nth the Law Included m 14b Item D Busmess Intemiphon 15 $1,000,000 Errors and Om�ssions 16 $500,000 Transrt 17 Terronsm Coverage and the Supplemental Umted States Cerhfied Act of Terronsm Endorsement $100,000 A Umted States Cemfied Act of Terronsm coverage $100,000 B Terronsm Coverage for Locahons Outside of the Umted States (Annual Aggregate, for all coverages provided) 18 $1,000,000 Fungus, Mold or Mildew 19 $100,000 Deferred Payment 20 $1,000,000 Off-Premises Sernce Interruprion - Property Damage 21 $100,000 Arson or Theft Reward 22 $100,000 Money and Secunhes 23 $100,000 Locks and Keys 24 $100,000 Tenants Legal Liability and Expense 25 $100,000 Soft Costs Business Interruntion - Extensions of Coveraee Sub-Lim�ts A 365 Days of Ordmary Payroll B 30 Days of Crv�l Authonty C $1,000,000 Off-Pretruses Serv�ce Interruphon D $250,000 Contmgent Busmess Intemipt�on E $250,000 Research and Development Expense F $250,000 Ingress/Egress G $100,000 Tax Treatment H 30 Days of Extended Penod of Indemmty The above Extens�ons of Coverage sub-l�m�ts of l�ability w�ll be the max�mum payable for property damage and busmess �nterrupron (�f appl�cable) resultmg from such property damage, or any combmahon thereof Page 2 of 8 �� Affiliated fM W�th respect to �tems A and H the number of days �s part of and not m excess to any other outstand�ng sub-I�mits of l�abil�ty As respects the Umted States of Amenca, its temtones and possess�ons, the Distnct of Columb�a, the Commonwealth of Puerto Wco, the U S V�rgm Islands, and Canada, Sechon D Extens�ons of Coverage Item 9 Unnamed Locat�ons and Sechon C Add�honal Coverage Item 4 Property Removed from Descnbed Locations are extended to Sect�on D Extens�on of Coverage Item 17 Terronsm with a sub-l�m�t of l�abil�ty of $100,000 (Annuai Aggregate for all coverages prov�ded) for Property Damage and Busmess Interrupt�on (�f prov�ded) combmed Also a$100,000 Flood sub-l�m�t of l�ability (�f prov�ded) (Annual Aggregate for all coverages prov�ded) for Property Damage and Busmess Interruphon (�f prov�ded) combmed appl�es to Sechon D Extens�on of Coverage Item 17 Terronsm Both of these sub-l�mits of l�abil�ty applymg to the Extens�on of Coverage Item 17 Terronsm do not apply to the Supplemental United States Cerhfied Acts of Terronsm Endorsement These l�m�ts shall not mclude the Actual Cash Value pomon of fire damage caused by Terronsm G. DF.i�L1CTIBL.F—�MOiJNT: The follov�nng deduchble amounts shall apply pec occurrence for loss or damage under this pol�cy m the respecnve loss categones md�cated 1 Earth Movement (per occurrence for all coverages prov�ded) For each occurrence, th�s company will not be liable for loss or damage to msured property unless the amount of loss or damage exceeds 3% of the combined value of property at the locahon where loss or damage occurs, m accordance with the valuahon sechon of this policy and annual busmess mteirupt�on value as defined in the Busmess Interruprion Endorsement attached to this policy at the time such loss or damage at the locat�on where loss occurs, sub�ect to a cmnimum deducnble amount of $100,000 per locahon If coverage �s provided for more than one location, th�s deduchble percentage or rrummum deduchble amount will be calculated for and appl�ed separately to each location 2 $100,000 Earth Movement Spnnkler Leakage - for loss or damage due to water or other substance discharged from any part of fire protechon equipment caused by or resulhng from Earth Movement (per occurrence for all coverages prov�ded) 3 $100,000 Flood (per occurrence for each location for all coverages provided) 4 $50,000 Bo�ler and Machmery 5 Off Prem�ses Serv�ce Interrupt�on Qualif}nng Penod In the event of loss or damage covered by this pol�cy, no coverage is provided unless the serv�ce mteirupt�on exceeds 24 hours begmmng from the time of loss or damage covered by th�s pol�cy If the sernce mterruphon exceeds 24 hours, the loss will be calculated from the rme of loss or damage covered by th�s pol�cy, sub�ect to the pol�cy deductibie Page 3 of 8 Affiliated f�l 6 Electromc Data Processmg Equ�pment, Data and Med�a Deduchble In the event of loss or damage to Electromc Data Processmg (EDP) Equ�pment, Data and Med�a �nsured by th�s pol�cy caused by the mal�c�ous mtroduct�on of a mach�ne code or mstruct�on, no coverage �s prov�ded unless the penod of mtemaphon exceeds 48 hours begmmng from the hme of �nsured loss The company's l�ability commences only after, and does not mclude, the Wa�t�ng Penod spec�fied If the penod of mtemiphon exceeds 48 hours, the msured loss will be calcutated based upon the amount of msured loss m excess of the Wa�hng Penod and sub�ect to a combmed deduchble for all coverages of $100,000 per locahon Any penod m wh�ch busmess operahons or sernces would have not been ma�ntamed, or any penod m wh�ch goods would have not been produced will not be mcluded as part of or serve to reduce the effect of any Wa�tmg Penod 7 $100,000 All Other Losses H. SPF.C_'I i. T. M AND ONDITI�N�: 1 Soecitic Earth Movement Exclusion Coverage prov�ded by Sechon C, Addihonal Coverage, Item 1 Earth Movement only applies to any property s�tuated at the followmg locat�on(s) Locahon Sewage Treahnent Plant, 1600 Oyster Bay Avenue, Bremerton, WA, 98337 Harborside Conference Center, 100 Washmgton Avenue, Bremerton, WA, 98337 Hazbors�de Sculptures/Fountams, 211 lst Street, Bremerton, WA, 98337 PSNS Memonal Plaza - Fountams mcludmg Pump Room, Metal Art, Stone Art, Trees/Plants/Irregahon/Spec�alty Lighhng, South Carolma Bow, Rrvet heater Statue & Plaques, Furn�shmgs, Pavers & Curved Secunty Walls, 201 Pac�fic Avenue, Bremerton, WA, 98337 2 Snecific Flood Exclusion Coverage provided by Sechon C, Addittonal Coverage, Item 2 Flood only appl�es to any property s�tuated at the followmg locahon(s) Locahon Sewage Treatment Plant, 1600 Oyster Bay Avenue, Bremerton, WA, 98337 Harbors�de Conference Center, 100 Washmgton Avenue, Bremerton, WA, 98337 Harbors�de Sculptures/Fountams, 211 lst Street, Bremerton, WA, 98337 PSNS Memonal Plaza - Fountams mcludmg Pump Room, Metal Art, Stone Art, Trees/Plants/Irregation/Spec�alty L�ghhng, South Carolina Bow, R�vet heater Statue & Plaques, Furn�shmgs, Pavers & Curved Secunty Walls, 201 Pac�fic Avenue, Bremerton, WA, 98337 Page 4 of 8 Affiliated fM 3 Transmission and DistribuHon Svstems Exclusion Sechon E, Property Excluded, �s amended to mclude Transm�ss�on and distnbuhon systems, mclud�ng poles, towers and fixtures, overhead conductors and dev�ces, underground or underwater condu�t, underground or underwater conductors and dev�ces, lme transformers, serv�ce meters, street I�ghhng and signa( systems 4 Motor Vehicle Coveraee at the [nsured's Premises Th�s pol�cy �s extended to cover a Motor veh�cles, b Trucks, and c Trailers, L�censed for h�ghway use Th�s policy does not cover loss or damage resultmg from 1) Collis�on, or 2) Overturn, While such motor vehicles, trucks, and tra�lers are bemg operated under their own power, or bemg towed (whether or not m mot�on at the time of loss) Sect�on E, Property Excluded, Item 7,�s amended to 7 Motor veh�cles l�censed for h�ghway use or owned by officers and employees of the Insured except while at a descnbedlocarion 5 Actual Cash Value Valuation The follov�nng paragraph shown m the General Cond�hons sect�on, G 14 Bas�s of Valuat�on, Ad�ustment of loss amount(s) under this pol�cy will be determmed based on the cost of repainng or replacmg (whichever �s the lesser), at the hme of loss, wrth matenals or equ�pment of like kmd and quality w�thout deduct�on for deprec�ahon, except as prov�ded m this valuahon sechon Is amended to Ad�ustment of loss amount(s) under this policy w�ll be determmed based on the actual cash value at the t�me of loss, except as prov�ded m th�s valuat�on sect�on The words "actual cash value" shovm elsewhere m th�s valuahon sechon �s subshtuted wherever the word(s) "replacement cost" are shown Th�s appl�es only to Item H-4 above, Motor Vehicle Coveraee at the Insured's Premises Page 5 of 8 �ffiliated fM 6 Contractors' Eauiument This pol�cy �s extended to cover Contractors' Equ�pment consisnng of the followmg Descnpt�on Manufacturer Senal Number L�m�t of l�abil�tv As I�sted on the C�ty of Bremerton Veh�cle and Equ�pment L�st on file dated 9/10/2010 Actual Cash Value Valuahon The followmg paragraph shown m the General Condihons secrion, G Bas�s of Valuahon, Ad�ustment of loss amount(s) under th�s pol�cy will be determmed based on the cost of repa�nng or replacmg (wh�chever is the lesser), at the t�me of loss, w�th matenals or equ�pment of like kmd and qual�ty w�thout deduchon for deprec�ahon, except as prov�ded �n th�s valuahon sechon is amended to Ad�ustment of loss amount (s) under this pol�cy vhil be deteimmed based on the actual cash value at the t�me of loss The words "actual cash value" are subshtuted wherever the word(s) "replacement cost" are shown Applymg to Contractors' Equ�pment 7 Docks. Piers. and Wharves Coveraee This policy is extended to cover docks, piers, and wharves sechon E, Property Excluded, Item 3�s deleted 8 Reservoir Covera¢e Th�s pol�cy is extended to cover reservo�rs Coverage provided by this extension does not mclude the water contained m such reservo�rs Item 2, Sechon E, Property Excluded, of Form No PRO AR 3100, �s amended to read 2 Bndges and tunnels used for vehicular traffic, canals, and dams 9 Additional Named Insured The foliowmg is (are) named as Add�honal Named Insured(s) on properry descnbed below, as the�r mterest may appear Add�t�onal Named Insured Locahon/Interest K�tsap Trans�t Harbors�de Conference Center 60 Washmgton Avenue 100 Washmgton Avenue Bremerton, WA 98337 Bremerton, WA 98337 Page 6 of 8 ���...,,� Affiliated fM 10 Extended Terrorism Covera¢e Endorsement Section F Perils Excluded, Group I Item 2 f is amended to f Terronsm, mclud�ng act�on taken to prevent, defend aga�nst, respond to or retal�ate agamst Terronsm or suspected Terronsm, except to the extent prov�ded m Sect�on D, Extens�ons of Coverage, 17 Terronsm However, �f d�rect toss or damage by fire results from any of these acts (unless comm�tted by or on behalf of the msured), then th�s Pol�cy covers only to the extent the Actual Cash Value of the resultmg d�rect loss or damage by fire to property msured Th�s coverage excephon for such result�ng fire loss or damage does not apply to any coverage prov�ded m any Busmess Interruphon Endorsement, �f any, wh�ch may be a part of th�s Pol�cy, or any extension of such coverage, or to any other coverages provided by th�s Pol�cy Any act wh�ch sahsfies the defimhon of Terronsm prov�ded m Sechon H, Defimhons, or m any Terronsm Endorsement to th�s pol�cy, shall not be cons�dered to be vandalism, mal�c�ous rruschief, not, crvil commohon, or any other nsk of phys�cal loss or damage wh�ch may be covered elsewhere m this Pol�cy If any act which sansfies the defimhon of Teironsm provided m Sect�on H, Defimhons, or m any Terronsm Endorsement to this policy, also comes wnthm the terms of the hoshle or wariike achon exclus�on of this Policy m Sechon F, Group I, 2 a, the hoshle or warlike action exclusion applies m place of th�s exclusion If any act excluded herem mvolves nuclear reachon, nuclear rad�ahon or radioachve contammat�on, th�s exclus�on appl�es m place of the nucleaz hazard exclusion of th�s Pol�cy, Sechon F, Group I, 1 11 Contingent Bus�ness Interruotion Coveraee Terntorv Coverage prov�ded m Sechon 5, Extens�ons of Coverage, Item D Contmgent Busmess Interruption Coverage, �s lim�ted to property anywhere in the world except m the followmg countnes, provmces or�unsd�chons, Afghan�stan, Alban�a, Algena, Angola, Armema, Azerba��an, Bangladesh, Belize, Bemn, Botswana, Burlona Faso, Burundi, Cambod�a, Cameroon, Central Afi�can Republ�c, Chad, Cote D'Ivoire, Cuba, Democraric Republ�c of the Congo (former Za�re), D��bouh, Equatonal Gumea, Entrea, Ethiopia, F��i, Gabon, Gamb�a, Georgna, Ghana, Grenada, Gu�nea, Guinea-B�ssau, Guyana, Ha�h, India (State of Jammu and Kashrrur), Iran, Iraq, Israel (Gaza Sfip, West Bank and temtones north of Lahtude 32 80 N), Laos, Lebanon, Lesotho, Libena, Libya, Madagascar, Malawi, Mali, Mauntama, Maunt�us, Moldova, Mongolia, Montenegro, Montserrat, Mozamb�que, Myanmar, Nam�b�a, Nepal, N�ger, Nigena, North Korea, Palastan, Papua New Gumea, People's Republic of China (Aksai Chm reg�on and Trans-Karakoram Tract), Republic of the Congo, Russian Federahon (Chechen Republ�c), Rwanda, Senegal, Serbia, Seychelles, S�erra Leone, Somal�a, Sn Lanka, Sudan, Swaziland, Syna, Ta��kistan, Tanzama, T�mor-Leste, Togo, Turkey (Provmces of Agn, Bmgol, B�tl�s, D�yarbalar, Elaz�g, Hakkan, Mardm, Mus, Snrt, Urfa and Van), Turkmemstan, Uganda, Uzbek�stan, Yemen, Zambia and Z�mbabwe 12 United States Certitied Act of Terrorlsm 2008 As respects the United States, its temtones and possessions and the Commonwealth of Puerto R�co, the defin�t�on of Terrorism contamed m Sect�on H DEFINITIONS �s declared null and void and �t �s agreed that an event defined as a Cemfied Act of Terronsm under the terms of the SUPPLEMENTAL UNITED STATES CERTIFIED ACT OF TERRORISM ENDORSEMENT attached to th�s policy shall be cons�dered Terrorism wrthm the terms of th�s policy Notw�thstandmg anythmg contamed m th�s pol�cy to the contrary, th�s policy prov�des coverage for d�rect physical loss or damage to msured prope�rty and any resulhng Busmess Intem�phon loss, as prov�ded m the pol�cy, caused by or resulhng from a Cerhfied Act of Terronsm only to the extent coverage �s prov�ded under the terms and cond�t�ons of the SUPPLEMENTAL [JNITED STATES CERTIFIED ACT OF TERRORISM ENDORSEMENT attached to th�s poi�cy Any difference �n I�m�t between loss recoverable under the SUPPLEMENTAL UMTED STAT'ES CERTIFIED AC'T OF TERRORISM ENDORSEMENT and th�s pol�cy �s not recoverable under th�s pol�cy Page 7 of 8 �Affiliated fN! 13 Notice of Cancellatioa The rme requ�red by the Company for mailmg or delrvenng nohce of cancellat�on of th�s pol�cy to the First Named Insured as shovm m Item 17 , Cancellat�on, shown m Secnon G, General Cond�t�ons, �s extended from 60 days to 90, except the nohce for non-payment of prem�um remams at ten (10) days I. INDEX OF FORMS: The followmg forms are made part of th�s pol�cy Title Form No Edition Standard F�re Insurance Pol�cy 1677-A (1/00) Declarahons S-1 PRO 3100 (1/08) All R�sk Property Coverage PRO AR 3100 (10/09) Bus�ness Intemipt�on Endorsement Gross Eam�ngs/Rents/ PRO GE-EE 3200 (1/06) Extra Expense Washmgton Amendatory Endorsement Changes to Form PRO 3100 7415 (10/10) � Forms Supplemental Umted States Cerhfied Acts of Terronsm 7312 (1/08) , Endorsement � Appl�cat�on of Policy to Date and T�me Recogn�hon PRO DTR 2400 (11/00) I � � Total Prem�um excluding the Umted States Cerhfied Act of Terronsm coverage $206,130 at 0 0% corrumssion � i Engmeenng Fees $6,800 at no comm�ss�on i ; �ppi�cnble �tnte taaes, surchar�es and fees are not �n�ludeci in th�s bmder Appluabl� state tare� sunl�nr};�s and , fees wdl be added tu the u��o�ce � � Any vanahons between th�s bmder letter and Affil�ated FM forms versus your appl�cahon are not prov�ded i ' Th�s binder exp�res 1/31/2011 ; Insurance under thls binder wdl end when whrchever of the follow�ng happens first, 1) the replacmg policy is 1 ►ssued, 2) fhe expiration date of this binder, or 3) cancellation by the Insured or this Company � � Thank you for your busmess, and please call �f you have any queshons or concerns I I ; Best Regards, I 1 Pete Sundnes, P E i Product►on Underwr�fer ; Affil►ated FM /nsurance Company ; (425) 637-2386 i peter sundnes�c�a�lrutedl'm com � � Page 8 of 8 I � � � � DATE SUBMITTED December 1, 2010 AGENDA BII.L CITY OF BREMERTON CITY COUNCIL ...........................................................................................� SUBJECT: Contract Extens�on — Diamond Committee Meet�ng Date December 8, 2010 Parking Services, LLC for Harborside COiJNCIL MEETING Date December 15, 2010 Park�ng Garage Department Financ�al Services Presenter Carol Etgen Phone 473-5323 SUMMARY: The contract vv�th Diamond Parkmg Services, LLC for parkmg enforcement services at the Harbors�de parkmg garage expires on December 31, 2010 It is desirable to have this contract expire at the same time as the Crty's general parlcmg services contract, on June 30, 2011 This will allow time to finalize review of the City's overall parlcmg services needs which is being performed through Council committee I?iamond Parking Serv�ces, LLC has agreed to extend the current contract vv�th no mcrease m fees ATTACHMENTS: 1) Ongmal Contract for Parking Services at the Harborside Parking Garage 2) Proposed Contract Extension FISCAL IMPACTS (Include Budgeted Amount) $4,694 74 per month (budgeted) APPROVALS: DEPARTMENT DIRECTOR CITY ATTORNEY FINANCE DIRECTOR MAYOR COMNIITTEE CHAIR � � �,.�,� COUNCIL PRESIDENT CONSENT AGENDA GENERAL BUSINESS ❑ PUBLIC HEARING ❑ RECOMMENDED MOTION(clet): Move to approve the contract extension for the Harborside Parking Garage with Diamond Parkmg, LLC through June 30, 2011 and authonze the Mayor to finalize and execute the agreement wrth substantially the same terms and condrtions as presented COUNCIL ACTION ❑ Approve ❑ Deny ❑ Table ❑ Conhnue ❑ No Actaon CONTRACT MODIFICATION AGREEMENT NO. 1 BETWEEN THE CITY OF BREMERTON AND DIAMOND PARKING SERVICES LLC DATE. December 16, 2010 THIS CONTRACT MODIFICATION AGREEMENT SPECIFICALLY AMENDS THE PARKiNG MANAGEMENT AGREEMENT - HARBORSIDE (the "Contract") entered �nto between the City of Bremerton and Diamond Parking Services LLC on June 3, 2008 All provisions �n the Contract shall remain in full force and effect except as expressly modified by this document For valuable consideration and by mutual consent of the parties, the mod�fications to the Contract are as foliows: I. Term: The City and D�amond agree all prov�s�ons w�thin the current Contract shall remain in effect unt�l ]une 30, 2011 II. Contractor accepts all requirements of this Contract Modification by endorsing below. Contractor further agrees that this Contract Modification constitutes full and final settlement of all of the Contractor's claims for contract time and for all costs of any kind, including without I�mitation, costs of delays related to any work either covered or affected by this Contract Modification, cia�ms related to on-site or home office overhead, or lost profits This Contract Modification does not limit the City's nght to bnng a claim for past performance The undersigned Contractor approves the forego�ng Contract Mod�fication as to the changes, �f any, in the contract price specified for each item, inciuding any and all supervision costs and other m�scelianeous costs relating to the change in work, and as to the extension of time allowed, if any, for completion of the entire work due to said Contract Modification This document will become a supplement of the contract and all provisions will apply hereto It is understood that this Contract Modi�cat�on shail be effective when approved by the City of Bremerton The parties whose names appear below warrant that they are authorized to enter into a contract modification that is binding on the parties of this contract. CONTRACT MODIFICATION ( Diamond Parkmg LLC - Parking Enforcement Secv�ces 2010-2011 In addition, Contractor warrants that �t has or will inform the surety of th�s change, and shall take appropriate act�on to modify any bonds required under the contract to address this change IN WITNESS WHEREOF, the part�es have executed this Contract Mod�fication on the day and year first written above. DIAMOND PARKING LLC THE CITY OF BREMERTON By By Patty Lent Its Its Mayor DATE . DATE : APPROVED AS TO FORM: ATTEST: Bremerton City Attorney City Clerk NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: Diamond Parking Services LLC C�„i y Clerk Attn Bob Dupr�e� Manaaer City of Bremerton 843 6 Street� Suite #120 345 6 Street� Suite 600 Bremerton WA 98337 Bremerton� WA 98337 (360) 475-8473 or (360,� 373-9501 (360 473-5323 (360) 792-0093 (fax) (360) 743-5200 (fax) H 1Parking\AgreementslHarborside extens�on amendment 2411 doc � / CONTRACT MODIFICATION 2 Diamond Paztnng LLC - Parku�g Enforcement Sernces 2010-2011 PROFESSIONAL SERVICES AGREEMENT Parking Management Agreement — Harborside The City of Bremerton ("C�ty") and D�amond Parking Services, LLC ("Diamond°), referred to collectwely as the "Parties,° enter mto the foiloHnng Agreement for professional services 1. Scope: Diamond agrees to perform the services more spec,�6cally desc;nbed in the Scope of Work, attached hereto as Exhibit A� which is mcorporated by reference herein The Scope of Work may be modified only pursuant to Section Vil G of this Agreemerrt If the Scope of Work provides for unspecfied addibonal serv►ces such servioes shall only be performed upon the express wntten �equest of the City Diamond further represents that the services fum�shed under this Agreement wnll be performed in accordanoe wnth generally accepted professional pracdces in effe�t at the time such serv�ces are pertormed Ii. Term: The City and Diamond agree that worlc will begin on the tasks descnbed m Exhibit A immediately upon execution of this Agreement Th�s agreement shall remam m effect for three consecx�t�ve years through December 31, 2010 111. Compensation: in consideration of the services provided pursuant to this Agreement, the City shall pay Diamond a Base Rate A base management rate of Four Thousand Five Hundred Fifty Eight Dollars ($4558 00) per month which fee shall compensate Diamond Parking for all costs mGuding, but not limited to, wages, supervision, management, insurance, payroll taxes, benefits, equipment costs, supplies, uniforms, dady and weekiy routine mamtenance, and cleaning and sweeping (excluding monthly street sweeper cost) associated �nnth the pertormance and anthin the soope of services of this agre�nent with a three percent (3°�6) mcrease to the base managemerrt rate on the third year, beginrnng on January 1, 2010 unless tenrnnated by provis�ons in Seation IX b IncenUve Fee The City shall pay Diamond Parking an mcent�ve fee equal to 2°� of gross revenues over $40,000 monthly (e g$50,000 gross revenue, Diamond Parking wdl receive an moent�ve of $200 00) °Gross Revenue° mdudes, and is l�mited to all revenues (cash and credit card) exclud�ng tax, recewed for parking levels P2 and P3 at the Harbo�srde Pa�ng Garage Excluded from Gross revenue are parking time allowances (pursuant to separate agreements) for the Hampton Inn and Suites, the restaurant, and Kitsap Transit reserved p�lung c Addit�onal Services 1) When large functions of 2� or more at the Conferenve Center coincide with antic�pated h�gh demand parking days Diamond Parking with the City's approval shali prov�de add�tional parlung c�eckers and attendants as needed at the agreed rate of $15 50 per hour Bremerton/Diamond Parking Harbors�de Garage Page 1 of 9 2) Diamond Parking at the request of the City not less than two weeks m advance, shall prov�de event valet parking at the rate of $22 00 per actual employee bme card hour Diamond shall submit regular bdling statements detailing work performed and amount charged on each task or portion thereof The descnptions shall conform to and fall �nnthin the categones set out in the Scope of Work and/or Fee Schedule Upon receipt of a conforming bdlmg statement, the City shall promptly process payment PROVIDED, HOWEVER, the C�ty reserves the nght to pnont¢e scoped work and accelerate and/or delay work tasks under the time frame set forth m Section 11 herein Diamond shali not perform v�rk beyond the Scope of Work, nor shall be compen�ated for such work, unless the Scope of Work or amount of compensat�on is modified pursuant to this Agreement. Diamond shall only be compensated for additional services �f requested pursuant to Section i If a bdling statement does not cor�form to this Agreement, the City may withhold payment untd the statement is brought into compliance Such withholding does not relieve Diamond of its obligations under this Agreement IV. Relationship of Parties: Diamond represents that it is skdled in the matters addressed in the Scope of Work and is performing independent functions and respons�bdities within its field of expertise Diamond and its personnel are independent contractors and not employees of the City Diamond and its personnel have no authority to bind the City or to control the City's employees and other contractors None of the benefits provided by the City to its employees, including, but not lim�ted to, compensation, insurance, and unemployment insurance are avadable from the City to the employees, agents, representatives, or sub-consultants of Diamond Diamond wdl be solely and ent�rely responsible for its acts and for the acts of Diamond's agents, employees, representatives and sub-consultants dunng the performance of this Agreement As an mdependent contractor, Diamond �s responsible for its own management The City's admmistration and enforcement of this Agreement shall not be deemed an exercise of managenal control over Diamond or its personnel As an �ndependent contractor, Diamond is responsible for payment of all taxes and licensmg fees necessary to perform its obligaUons under this Agreement, excluding taxes from gross parkmg revenues collected These taxes and fees mclude but are not limited to State industnal msurance, Business & Occupation, State professional licensing, and City business licensing If any taxes or fees due the City have been declared delinquent, the City may w�thhold the delinquent amount, plus any additional charges ansing from the delinquency, from any payments due Diamond Bremerton/Diamond Parking Hazborside Garage Page 2 of 9 V. Indemnlflcatlon: Diamond shall defend, indemndy and hold the City, its officers, officials, emptoyees, agents and volunteers hartniess from any and all claims, injuries, damages� losses or su�ts� including all legal costs and attomey fees, ansmg out of or m connection with the negligent or deficieM performance of the duties and obiiga�ons required under this Agreement, except for that portion of the injunes and damages caused by the Citys sole negligence. The C�ty's rewew or acceptance of any of the work when completed shall not be grounds to avoid any of these covenants of indemn�ication Should a court of competent �unsdiction determine that this Agreement is sub�ect to RCW 4 24115, then, in the event of liabdity for damages ansmg out of boddy m�ury to persons or damages to property caused by or resu�ing from the concurrent negligence of Diamond and the City, its officers, offic�ais, empioyees, agents and volunteers, Diamond's liability hereunder shall be only to the exteM of Dlamond's negligence IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES DIAMOND'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER The provisions of this section shail surv�ve the expirat�on or termmation of this Agreement VI. Insurance: Diamond shall procure and maintain for the duration of the Agreement, insurance against claims for in�unes to persons or damage to property which may anse from or in connection �nnth the performance of the work hereunder by Diamond, its agents. representatives, employees, or sub-consultants Before beginrnng work on the proJect descnbed in this Agreement, Diamond shall provide a Cert�icate of Insurance ev�dencing 1. Automobile Liabilitv insurance v�nth limits no less than $1,000,000 combmed singie lim�t per accident for boddy inJury and property damage, and 2. Commercial General Liabilitv msurance wr�tten on an occurrence basis with limits no less than $1,000,000 combined smgle lim�t per occurrence and general aggregate for personal in�ury, boddy injury and property damage Coverage shall include but not be limited to blanket contractual, products/completed operatrons/broad form property damage, explosion, collapse and underground (XCU) if applicable, and employers liability, and 3. Protessional Liabilitv insurance with limits no less than $1,000,000 limit per occurrence/claim Bremerton/Dtamond Parkmg Harbors�de Garage Page 3 of 9 Any paymerrt of deductible or self insured retention shall be the sole responsibility of Diamond. All reqwred poiicies shail be prov�ded on an "occurrence" basis except professional liabdity insurance (�f required), which may be provided on a"cla�ms-made" basis The City shall be named as an additional insured on the Commercial General Liabil�ty insurance policy, as respects work perfoRned by or on behalf of Diamond and a copy of an endorsement that is acceptable to the City, which names the City as an additional insured shall be attached to the Certificate of Insurance The City reserves the nght to receive a cert�ed copy of all the required insurance policies and endorsements The City further reserves the nght to re�ect any unacceptable policies and/or endorsements Diamond's Commercial General Liabdity msurance shall contam a clause stating that coverage shall apply separately to each insured against whom claim is made or su�t �s brought, except with respects to the lim�ts of the msurer's liabdity Diamond's �nsurance shall be pnmary msurance as respects the City and the City shall be given thirty (30) days pnor wr�tten notice by certified mail. retum r�eceipt requested, of any cancellation, suspension or matenal change in coverage , The City also reserves its unqualfied nght to require at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy w�th all endorsements as ev�dence of coverage VII. General Conditions; A Reoorts and Information When requested by the City, Diamond shall fumish penodic reports and documents on matters covered by this Agreement The reports and documents shall be fumished m the time and form requested Diamond shall maintain accounting records in accordance with Generally Accepted Accountmg Pnnciples (GAAP) to substantiate all billed amounts B Ownershi� and Use of Records and Documents Onginal documents� drawings, des�gns and reports, including those m electronic format, developed under th�s Agreement are the property of the C�ty Ail wntten informatron submitted by the City to Diamond in connection w�th the services performed by Diamond under this Agreement wdl be safeguarded by Diamond to at least the same extent as Diamond safeguands like information relating to its own business If such information is pubiicly avadable or is already m Diamond's possession or known to it, or is nghtfully obtained by Diamond from thircl parties, D�amond shall bear no responsibdity for its disclosure, inadvertent or otherwise Bremerton/D�amond Parking Harborside Garage Page4of9 All data, documents and files created by Diamond under this Agreement may be stored at Diamond's office or storage facility �n Bremerton, Washington. Diamond shall make such data, documents, and flles avadable to the City upon its request at ail reasonable Umes for the purpose of editing, modifymg and updating as necessary unt�l such time as the City is capable of stonng such mformation in the City's offices Duplicate copies of this information shall be provided to the City upon �ts request, and at reasonable cost , All documents, includmg all reports, dravinngs, specfications, computer software or other �tems prepared or fumished by Diamond pursuant to this Agreement, are mstruments of service �nnth respect to the proJect and are the property of the City Any reuse by the City for other than the specific purpose mtended wdl be at City's sole nsk C Wo�ic Pe�formed at D�amond's Risk Diamond shall take ail precautions necessary and shall be responsible for the safety of �ts employees, agents, and sub- consultants m the performance of the work hereunder and shall utilize all protect�on necessary for that purpose All work shall be done at Diamond's own nsk, and Diamond shall be respons�ble for any loss of or damage to matenals, tools, or other articles used or heid for use in connect�on with the work D Place of Work Diamond shall perform the work authonzed under this Agreement in Bremerton, Wash�ngton Meetings w�th the City staff as descnbed in Exhib�t A, Scope of Work, shall take place at the City's o�ces, or at locatbns mutually agreed upon by the parties E Personnel Diamond shall be responsibie for all aspects of recru�tment and selection of parking enforcement personnel a As a cond�tion of employment, all employees including Diamond's managers and supervisors are sub�ect to pre-employment drug and alcohol abuse screernng Random drug and alcohol screernng shall also be reqwred throughout the term of this contract b Diamond shail provide all enforcement personnel with professional appeanng urnforms consistmg of shirts, trousers and �ackets Urnform des�gn must be approved by the City All personnel are to be in complete unrforms at any time they are engaged in duties F Entire Aqreement This Agreement and its Exhibits constitutes the entire agreement between the Part�es, and the Parties acknowledge that there are no other agreements, wntten or oral, that have not been set forth in the text of this Agreement G Severabditv Should any part of this Agreement be found vo�d, the balance of the Agreement shall remain in full force and effect. Bremerton/Diamond Parkmg Harborside Garage Page 5 of 9 H Modiflcation. This Agreement may only be modified by written instrument signed by both Parties I Wntten Notices. All commurncations regarding this Agreement shall be sent to the parties at the addresses listed below by registered or 1st class ma�l, or by personal sernce, and shali be deemed sufficientiy given �f sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specfied in wrrtmg Cfir Address Diamond Address City Cteric Diamond Parking Service 345 Sixth Street� Swte 600 843 Sixth Street Bremerton, WA 98337 Bremerton, WA 98337 J Wanrer Failure to enfor�ce any provision of this Agreement shall not be deemed a wa�ver of that pro�nswn. Waiver of any nght or power ans�ng out of this Agreement shall not be deemed waiver of any other nght or power K Non-Waiver of Breach The fadure of the City to insist upon stnct performance of any of the covenants and agreements contained herein� or to exercise any opt�on herein conferred in one or more mstances shall not be construed to be a waiver or relinqwshment of said covenants, agreements or options, and the same shall be and remam in full force and effect. L Com�liance with Laws Diamond shali comply �nnth ali applicable Federal, State, and local laws m performing its obligations under this Agreement M Choice of Law and Venue This Agreement shall be interpreted according to the laws of the State of Washmgton. Any �udicial action to resolve disputes ansing out of this Agreement shall be brought m K�tsap County Superior Court N Attomevs' Fees. In the event of litigation to enforce any of the terms or provisions herein, each party shall pay ail its own costs and attomey's fees O Assianment: Any assignment of this agreement by the Contractor without the wntten consent of the City shall be void VIII. Nondiscrimination: Diamond shall not d�scnmmate m employment or services to the public on the basis of race, color, nationai ongin, sex, religion, age, mantal status. disability or sexual onentation except for employment actions based on bona fide occupational qualrficaUon IX. Termination: This Agreement shall remam in force until completion and acceptance of the serv�ces, terminated by wntten mstrument upon mutual consent, or by Bremerton/Diamond Pazkmg Harborside Garage Page 6 of 9 the City of Bremerton for convernence This Agreement may be immediately termmated for cause by a Party if the other Party substantialiy fads to perform through no fault of the terminating Party, and the non-performing Party does not commence correct�on of the fadure of performance within sixty (60) days of the termma�ng Party's sendmg notice to the non-perfomrnng Party Any Notice by Diamond shall mclude a report shov�nng the status of all items listed m the Soope of Work current through the term�nafion date If the City receives reimbursement by any federal, state, or other source for worlc descnbed in Section I herein, and that funding is withdrawn, reduced or lim�ted in any way, or the proJect is cancelled or substantially reduced after the execution date of this Agreement and pnor to the completion of the work, the City may summanly terminate this Agreement Riahts U�on Termination. In the event of terminaUon. the C�ty shall pay for all services performed by Diamond to the effecbve date of terminaUon, as descnbed on a final invoice submitted to the City After termination� the City may take possession of ail records and data with�n Diamond's possession pe�taining to this Agr�eement which may be used by the City without restnction Any such use not related to the Agreement which Diamond was contracted to perform shall be without liability or legal exposure to Diamvnd CITY OF BREMERT DIAMOND sy Zr�� y its its cs � Date Date Approved as to form Attest . �— merton City A y City CI k Bremerton/Diamond Park�ng Harborside Garage Page 7 of 9 Exhibit A Scope of Services January 1, 2008 1 LOT CHECKS A Week Davs Diamond shali check the Harborside Parking Garage and collect revenues not less than three times dady, with moming checks between 7 AM — 11 AM; aftemoon checks between 11 AM — 4 PM, and evenmg checks between 4 PM — 9 PM B Weekends Diamond shall check the site and coilect revenues not less than finnce dady� at lunchtime between 10 AM — 3 PM and evening between 4 PM — 9 PM C Random Checks Diamond shall pro�nde the C�ty with a monthly schedule setting forth random checks at times other than the above agreed and scheduled Umes The random check times wdl subst�tute for equal number of scheduled check times The C�ty may, at its sole opt�on, modify or re�ect any random check schedules D Snec�ai Events Diamond shall meet with a representative of the Conference Center or City as needed to rev�ew and provide suppiemental parking services for functions and events scheduled for the Bremerton Harborside, Kitsap Conference Center and the boardwalk E Ham�ton Inn Every 24 hours Diamond shall inventory the number of Hampton Inn guests parked on levels 2 and 3 of the Harborside Parkmg Garage and collect mornes at scheduled rate detertrnned by the City and mvoiced and deposited as City parking revenues 2 COLLECTED REVENUE All revenue collected by D�amond pursuant to this agreement belongs to and are assets of the C�ty Diamond may not deduct or withhold any amounts from such funds Ali collected revenue shall be remitted to the City each busmess day or as otherwise directed by the Department of Financial Services Diamond shall foilow and compiy with the requirements of the Department of Financial Services for revenue coliection, deposits and reporting procedures for the revenue collected under this agreement 3 PARKING REVENUE EQUIPMENT Diamond, at its own expense, shall instali pay boxes with options for check and scnp payments at finro locations each on parkmg levels P2 and P3 of the Harborside Parkmg Garage (south elevator and east exits), or other equipments that may be agreed between the parttes, said equipment shail remain in the ownership of Diamond 4 NON CHARGED PERMITS At the City's sole option, the City shall receive up to 35 non charge quarterly permits with Diamond Parkmg providmg individual pa�lang perm�t numbers Bremerton/Diamond Pazktng Harborside Garage Page 8 of 9 5 MAINTENANCE Diamond shall be responsible for maintaining the parkmg area m a professionally neat and clean condition and appearance Diamond �nnll pick up any titter within the pariung structure on a dady basis As reasonably necessary, Diamond wdl sweep or mop individual and/or isolated spols, and check fire extingwshers Diamond shall report defective lights and otherwise clean and perform minor maintenance as reasonably necessary The City shall remain responsible for any and all costs of Capital or Property Improvements, and mamtenance and repairs beyond minor maintenance Bremerton/Diamond Parking Harborside Garage Page9of9 DATE SUBMITTED December l, 2010 AGENDA BILL CITY OF BREMERTON CITY COUNCIL .......................................................................................� SUBJECT: Passage of Ordinance No Committee Meeting Date December 8, 2010 513 q Amending Ordinance Nos 5099 and COUNCIL MEETING Date December 15, 2010 5117 — Modifying the 2010 Annual Budget Department Financial Services Presenter Becky Hasart Phone 473-5296 SUMMARY: The Bremerton Ctty Council adopted the 2010 annual City budget by Ordinance No 5099 on December 2, 2009 On July 2, 2010, the City Council adopted Ordinance No 5117 modifying the adopted budget Subsequently, certain actions have been taken and conditions changed stnce the budget adoprion and amended budget ad�ustment which had an impact on the City's 2010 budget — resultmg m the need to amend the 2010 budget ATTACHMENTS: Ordinance and attachments, explanatory memo, and detailed fund recap to be provided at the December 8, 2010 council Study Session FISCAL IMPACTS (Include Budgeted Amount) 5134 funds of the City are updated by this ordinance The attached supportmg schedules provide the net fiscal impact to each fund for the proposed changes APPROVALS: � � rz-- DEPARTMENT DIRECTOR CITY ATTORNEY FINANCE DIRECTOR MAYOR COMMITTEE CHAIR �� �— COUNCIL PRESIDENT CONSENT AGENDA GENERAL BUSINESS ❑ PUBL,IC HEARING ❑ RECOMMENDED MOTION: Move to approve Ordinance No 5134- amending Ordinance No 5099, which adopted the Fiscal Year 2010 budget and Ordinance No 5117 which amended the Fiscal Year 2010 budget � **and authonze the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented COUNCIL ACTION ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action ORDINANCE NO. 5134 � AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Ordinance No 5117 which amended the Fiscal Year 2010 budget as ongmally adopted by Ordinance No 5099 WHEREAS, the City Council passed the Fiscal Year 2010 City Budget Ordinance (Ordmance No 5099) on December 2, 2009, and WHEREAS, the City Council subsequently amended the Fiscal Yeaz 2010 City Budget (Ordinance No 5117) on July 7, 2010 to provide for certam programs and actions taken up to that point requinng amendment to the 2010 budget, and WHEREAS, the City Counc�l has previously amended the budget by vanous motions and resolutions subsequent to July 7, 2010 which require a formal amendment by ordinance, and WHEREAS, several City Departments and Funds are expenencmg or anticipate additional expenses due to factors such as costs related to provision of contracted services, changed allocations of staff time, and the reallocation of pnor period expenditures, and WHEREAS, several City Departments and Funds require ad�ustment to revenues to reflect reduced achvity m 2010 or hmmg changes from that which was anhcipated in the 2010 budget, and WHEREAS, certam reclassifications of revenues and expenditures are required to properly reflect budget categones m a manner consistent with actuals as classified in accordance with Generally Accepted Accountmg Pnnciples, and WHEREAS, each of these actions has an impact on the City of Bremerton's FY 2010 Annual Budget resulting m the need to amend this Budget document, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS SECTION 1 Ordinance 5117 establishing the City of Bremerton's 2010 Budget passed by the City Council on July 7, 2010, is hereby amended as follows 1 2010 Frna! Budget Ad�ustment 2010 Budget Final as Amended by 2010 Fund No Ord No 5117 Net Ad�ustments Budget 001 General Fund City Councd S 314 500 $ 7 800 $ 322 300 Execudve 408,000 - 408 000 Financial Services 1 296 400 - 1 296 400 Legal 994 200 - 994 200 Human Resources 348 700 - 348 700 Commurnty Development 1 298,596 - 1 296 598 Murncipal Court 1 368 445 8 700 1 377,145 City Auddor 158 400 - 158 400 Law Enforcem�t 10,855,948 29 300 10,885 248 FvelEmergency Sernces 7 996 457 166 000 8162 457 PolicelFire Pension 2,701 000 - 2,701 000 General Facdrties 767,294 102,000 869 294 Parks 8 RecreaUon 2 964 750 - 2 964 750 Engineenng 258 694 149 500 408,194 Non-Departrnent 3 332 000 144 600 3,476 600 End�ng Fund Balance 2 009 822 106 799 2,116 621 Totat General Fund $ 37 071 206 $ 714,699 $ 37 785 905 101 Arterial Street 5 200 059 - 5 200 059 102 SVeet 2 456,039 - 2 456 039 103 Contlngency Reserve 1 2B9,635 - 1,269 635 104 Lodging Tax 410,699 - 410 699 105 Parkmg System 1 551 171 - 1 551 171 106 Community D� Block Grant 2 054 686 - 2 054 686 108 Abatement Re�volv�ng 240 875 - 240 875 110 Police Special Prgects 1 147 311 - 1,147 311 113 Pubhc Access Telewsion 360 829 - 360,829 114 Gift 8 Donadon Fund 84,526 - 84 526 116 Tnal Improvement 90 589 - 90 589 117 One Percent For Arts 77 279 - 77 279 120 Conference Center Operadng 1 817 598 - 1 817 598 201 8ond Fund 1 404 618 - 1 404 618 203 2010 LTGO - - - 204 2010 UTGOlLTGO (B) - 10 277 300 10 277,300 302 Public Safety Bond 2 594 199 5 000 2 599199 304 Harbarside Plaza 8 Commons - 2 432 019 2 432 019 305 Park Plaza Construction 8 500 000 8 500 000 308 General Grn/t Capital Improvement 474 241 - 474 241 310 Park Facditles Construction 2 538 251 - 2,538 251 311 Boardwalk Prqect 1 588 002 - 1 588 002 401 W ater Utdity 18 957 495 483 800 19 441 295 407 Golf Mountain Gdf 2 609 491 - 2 609,491 451 W astewater Utdity 22 587 000 193 500 22 78U 500 481 Stormwater UGl�ty 4 395161 483 800 4 878 961 503 Risk Management 2 990 050 - 2 990 050 509 ER&R - OperaUons 8 Mamtenance 2 266 871 93 300 2 360171 510 ERBR - Reserves 5 824 168 440 000 6 264168 511 Informat�on Sernces 1 306161 - 1 306 161 Total All funds $ 131 868 210 $ 15 123 418 $ 146 991 628 SECTION 2. That the totals for the funds noted in Section 1 above are hereby appropnated for the fiscal year 2010 2 2010 Final Budget Ad�ustment SECTION 3. Severab�litv If any one or more sections, subsections, or sentences of this Ordmance are held to be unconstiturional or mvalid, suc,h decision shall not affect the validtty of the remam�ng portion of this Ordmance and the same shall remain m full force and effect SECTION 4. E,(�ective Date This ordinance shall take effect and be m force ten (10) days from and after �ts passage, approval and publication as provided by law PASSED by the City Council the day of , 2010 NICK WOFFORD, Council Pres�dent Approved tlus day of , 2010 PATTY LENT, Mayor ATTEST APPROVED AS TO FORM CAROL ETGEN, City Clerk ROGER A LUBOVICH, City Attorney PUBLISHED the day of , 2010 EFFECTNE the - day of , 2010 ORDINANCE NO 3 2010 Fina! Budget Ad�ustment CITY OF BRERIERTON 2010 ANTIC(PATED REVENUES EXPENDITURES AND CHANGES IN FUND BALANCE GENERALFUND For the Year Ended De�.ember 31 2010 Amended Proposed Ad� Reqwred �1id Y��ar Ycar End From The Budget Budget Amended Budget 2010 2010 2010 REVENUES Taxes Pruperry $ 7 549 000 $ 7,549 000 $ - Ssles 6.121000 6121000 - Other 8 I 67 000 8 167 000 Li�enses and Pernuts 383,OOU 883 0�0 - Intergovernmental 2 571 800 2 571 800 - Charges for Serv��es 3 914,100 4 063,1 UO 149 000 Fmes and Furfeitures 1,255,000 1,255 000 - Miscellaneous 535 000 683 500 148,500 Transfers In & Other Financing 4 l37 000 4 554,199 417 199 Total Revenues 35,132,900 35 847 599 714 699 EXPENDI7'URES Personnel Expenses 24,890 100 25 330,700 440,600 Supplies, Serv�ces and Taxes 8,953,884 9 104,084 I50 200 Capital Expenditures - 15,900 15 900 Debt Service 467,400 468 600 1 200 � Transfers Out 750 000 750 000 - Total Expend�tures 35 061 384 35,669,284 607 900 CHANGES [N FUND BALANCE Nc.t c.hange m fund balanc.es 71 516 178 315 106,799 Fund Balances-begmmng I 938,306 1 938,306 - Fund Balances-endmg $ 2 009 822 $ 2,116,621 $ 106,799 GENERAL FUND EXPENDITURES BY DEPARTMENT City Council S 314,500 322,300 $ 7,800 Executrve 408,000 408,000 - Financial Serv�ces 1,296 400 I 296 400 - Legal Department 994,200 994 200 - Human Rr,sources 348,700 348,700 - Commumry Development I 296,596 1,296,596 - Mumcipal Court 1,368 445 1,377,145 8 700 C�ty Auditor 158 400 158 400 - Pol�ce Department 10 A55,948 10,885 248 29 30U Fire Department 7 996 457 8 162 457 166 OOU Police & F�re Pension 2 701 000 2 701 000 - General Facilrt�es 767 294 869 294 102 000 Parks & Re�,reation 2,964 750 2 964 750 - Engmeenng 258 694 408 194 149 500 Non-Departmental � 332 OW 3 476 600 144,600 Total Expenditures $ 35 061 384 5 35 669 284 $ G07 900 The target ending fund balance is 8 5% of annual expenditures excluding capital The target fund balance for the 2010 budget as amended is $3,030 537 The actuai ending fund balance after the proposed amendments is $2 116,621 which is lower than the target amount by $913,917 The 2010 budget as proposed, mcludes an ending fund balance which does not meet the target but is mcreased from the mid-year by $106,799 demonstrating advancement being made toward achiewng the target The fmancial planrnng goal is to bnng the ending fund balance level back up to where it meets or exceeds the target level FUND 001 CITY OF BREINERTON ?010 ANTICIPATED REVENUES, E�CPENDITURES AND CHANGES IN FUND BALANCE GENERALFUND For the Year Endcd De�.ember 31 2010 Bud$et Adiustments Ne�v Items Not Prewously Apnroved bv Councd Expenditure - In�rease Counul personnel expense associat� wuh ex�ess compensat�on paid to Dept ot Retirement Systcros (7 800) Expenditure - De�.rease Executrve suppiies and serv��es to be reallocated m pe�nnel ���0 Expenditure - In�rease Execut�ve personnel expense assa,iatc� wrth Shorelme Conne�.t►vity (16 OOU) Expenditure - Dec,rease personnel expense m Court wh��h is bemg reallocated to supplies & service.�s 4 000 Expenditure - In�rease Court supplies and services for add�t�onal expenditures associated with operahon of new buddmg (4 000) Expenditure - Increase Court professwnal servi�es for public defender cuntra�t rocrease lx,��) Expend�ture - lncrease Polu.e personnet atmbuted to labor concessions grven ba�k as donat�ons (29 300) Revenue - Increase Poli�e donations 2��30() Expend�ture - Increase Poli�e caprtal be�ng reallo�.ated from supphes for facihty roof �mprovements ( � 5 90(1) Expenditure - Decrease Police supplies be�ng reallo�ated to caprtal for facdiry roof �mprovements � 5,� Expenditure -(nerease Fire personnel erpense wh�ch in part is being offset by labor concess�ons grven back as donat�ons (20;,000) Revenue - Increase Fire donations �� y� Expendrture - Reduce Fire supplies and serv�ces bemg reallocated to personnel expense 37,A00 Expend�ture - Inerease General Facdiry personnel assoc�ated wrth chazges for services for Parkmg Conf Center & Harbors�de (46 000) Expend�ture - Increase General Fa��lity supplies assoaated wrth charges for servi�es for Parking Conf Center & Harbors►de (56 000) Revenue - Increase General Faaliry Charges for services assoc�ated w�th Parkmg Fund, Conference Center & Harborside 102 000 Expend�ture Increase Engmeenng personnel for employee cashouts and design and conswcuon mgmt at Lions Parks & Harbors�de (142,500) Expenditure - Increase Engmeermg supplies for design and construction management at Lions Parks & Harborside (7,000) Revenue -[ncrease Engmeenng charges for services assoc.iated wrth work perfom�ed on Lions Parks & Harborside 47,000 Expenditure - Increase Non-Departmental suppl�es and services for annexat�on revenue for Kitsap County (SKIA) (63 400) Expend�ture -(ncrease Non-Departmental supplies and serv�ces for add�honal electromc home momtonng cost (80,U00) Expend�ture - Inerease Non-Departmental debt serv�ce associated w�th mterfund loan ( I 200) , Revenue - Increase PILOT from Water due to addrtional water sales (prev�ously reduced at mid-year) 75 000 Revenue - Increase PILOT from Wastewater due to additional wastewater sales (previousiy reduced at m�d-year) 30,000 Revenue - Increase PILOT from Stormwater due to additional stormwater charges (previously reduced at m�d-year) 75,000 Revenue - Increase Non-Departmental Transfer ln from Public Safety Bond Fund 237,199 Net ad�ustment to endmg fund balance reqwred $ ���`� FUND 001 CITY OF BREMERTON 2010 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE ARTERIAL STREET FUND For the Year Ended December 31, 2010 Amended Proposed Ad� Requ�red M�d-Year Year-End From The Budget Budget Amended Budget 2010 2010 2010 REVENUES Taxes Property $ $ $ Sales Other L�censes and Permits Intergovernmental 2,932,000 2,932 000 - Charges for Serv�ces � 420 000 220,000 (200,000) Fmes and Forfettures Miscellaneous 32,000 32,000 - Transfers �n 200,000 200,000 Total Revenues 3 384,000 3,384,000 - EXPENDITURES Personnel Expenses 3,000 53,000 50 000 Suppiies, Serv�ces, and Taxes 112 000 162,000 50,000 Cap�tal Expend�tures 4 113,000 4,013,000 (100,000) Debt Service ' Transfers Out ' Total Expend�tures 4,228 000 4,228,000 - CHANGES IN FUND BALANCE Netchange m fund balances (844,000) (844,000) - Fund Balances-beg►nning 1,816,059 1,816,059 - Fund Balances-end�ng $ 972,059 $ 972 059 $ - Budeet Adiustments New ltems Not Prev�ouslv Approved by Counc�l Revenue - Decrease charges for services bemg realtocated to Transfer In (200,000) Revenue - Increase transfer in from Harbors�de for Pac�fic Ave pro�ect 200,000 Erpenditure - Decrease capital for traffic, road & ctreet management & plamm�g reallocated to suppl�es & serv►ces 100 000 Expend�ture - Increase suppl�es and services for road & street management & plamm�g (100 000) Net ad�ustment to end�ng fund balance required $ ' FUND 101 CITY OF BREMERTON 2010 ANTICtPATED REVENUES EXPENDITURES AND CHANGES IN FUND BALANCE LODG[NG TAX FUND For the Year Ended December 31, ?Ol0 Amended Propotied Ad� Requ�red Mid-Year Year-End From The Budget Budget Amended Budget 20l0 2010 2010 REVENUES Taxes Property $ $ $ - Sales - Other (hotel/motel tax) 410 000 410,000 - , Licenses and Permits - Intergovernmental - Charges for Serv�ces - Fmes and Forfertures - Miscellaneous 1,000 1,000 - Transfers m - Total Revenues 411 000 411,000 - EXPENDITURES Personnel Expenses - Suppl�es, Services, and Taxes 225,000 235,000 10,000 Cap�tal Expenditures - Debt Serv�ce - - - Transfers Out 185,000 175,000 (10,000) Total Expenditures 410 000 410,000 - CHANGES IN FUND BALANCE Net change in fund balances 1,000 1 000 - Fund Balances-begmning (301) (301) - Fund Balances-endmg $ 699 $ 699 $ - Budeet Ad�ustments New Items Not Prev�ouslv Approved by Council Expend�ture - Decrease transfer out to Golf Fund and reclass�fied to supplies and services 10 000 Expenditure - Increase suppl�es and serv�ces reclassified from transfer out (10,000) Net ad�ust to end�ng fund balance requ�red $ - FUND 104 CITY OF BREMERTON 2010 ANTICIPATED REVENUES, EXPENDITI.�RES AND CHANGES IN FUND BALANCE PUBLIC ACCESS TELEVISiON OPERATIONS FUND For the Year Ended December 3l, 2010 Amended Proposed Ad� Required Mid-Year Year-End From The Budget Budget Amended Budget 2010 2010 2010 , REVENUES Taxes Property $ $ $ - Sales - Other (c�ty PEG feet) - - - L�censes and Permits 244,000 244,000 - Intergovernmental - - Charges for Serv�ces 77,000 77,000 - Fines and Forfeitures - - Misceilaneous 1,000 1,000 - Transfers ►n - Total Revenues 322 000 322,000 - EXPENDITURES Personnel Expenses 221,000 221,000 - Suppl�es Servtces, and Taxes 37,448 45,448 8,000 Cap�tal Expenditures 33,000 25,000 (8,000) Debt Serv�ce - - - Transfers Out 25,000 25 000 - Total Expenditures 316,448 316,448 - CHANGES IN FUND BALANCE Net change �n fund balances 5,552 5,552 - Fund Balances-beg�nning 38,829 38,829 - Fund Balances-endmg $ 44 381 $ 44,381 $ - Budeet Adiustments New [tems Not Prev�ously Approved by Council Expend�ture - Decrease cap�tal expense for miscellaneous suppl�es and serv�ces and reclassify to suppl�es 8 000 Expenditure - Increase suppl�es and services reclassified from capital (5,000) Net ad�ustment to end�ng fund balance required $ - FUND 113 CITY OF BREMERTON 2010 ANTICIPATED REVENUES EXPENDITURES AND CHANGES IN FUND BALANCE GIFT AND DONATION FUND For the Year Ended December 31 20I0 Amended Proposed Ad� Reyuired Mid-Year 1� ear-End From The Budget Budget Amended Budget 2010 2010 2010 REVENUES Taxes Property $ $ $ _ Sales _ Other _ L�censes and Perm�ts - Intergovernmental _ Charges for Serv�ces - - - Fmes and Forfe�tures - Mtscellaneous 8,000 8,000 - Transfers m _ Total Revenues 8,000 8,000 - EXPENDITURES Personnel Expenses _ Suppl�es, Services and Taxes 9 700 12,200 2 500 Capital Expenditures - - . Debt Service - - _ Transfers Out - - _ Total Expend�tures 9,700 12,200 2,500 CHANGES IN FUND BALANCE Net change in fund balances (1,700) (4,200) (2,500) Fund Balances-beginnmg 76 526 76,526 - Fund Balances-end�ng $ 74,826 $ 72,326 $ (2 500) Budeet Ad�ustments New Items Not Previously Approved bv Council Expend�ture - Increase suppl�es and serv�ces for donat�ons and related expenses �n Parks, Fire & Wellness (2,500) Net ad�ustment to endmg fund balance required $ (2 500) FUND 114 CITY OF BREMERTON 2010 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE TRIAL IMPROVEMENT FUND For the Year Ended December 31 2010 Amended Proposed Adj Reqwred Mid-Year Year-End From The Budget Budget Amended Budget 2010 2010 2010 REVENUES Tares Property $ $ $ - Sales _ Other _ Licenses and Permits _ I ntergovernmental 24,000 24,000 - Charges for Sernces _ Fines and Forfeitures _ Miscellaneous _ Transfers m _ Total Revenues 24,000 24,000 - EXPENDITURES Personnel Expenses _ Suppl�es Services, and Taxes 52,000 62,000 10,000 Cap�tal Expend�tures - _ _ Debt Service _ Transfers Out _ Total Expenditures 52 000 62,000 10,000 CHANGES IN FUND BALANCE Net change m workmg cap�tal (28 000) (38,000) (10,000) Fund Balances-beg�mm�g 66 589 66,589 - Fund Balances-endmg $ 38 589 $ 28,58 $ (10 000) Budeet Adiustments New Items Not Prev�ouslv Approved bv Council Expend�ture - Increase supplies and services for expenses w�th movmg to new court facil�ty (10 000) Net ad�ustment to endmg fund balance required $ (10 000) FUND 116 CITY OF BREMERTON 2010 ANTICIPATED REVENUES, EkPENDITURES AND CHANGES IN FUND BALANCE ONE PERCENT FOR ARTS FUND For the Year Ended December 31, 2010 Amended Proposed Ad� Required Mid-Year Year-End From The Budget Budget Amended Budget 2010 2010 2010 REVENUES Taxec Property $ $ $ - Sales - Other - Licenses and Perm�ts - Intergovemmental _ Charges for Services - F�nes and Forfeitures - M�scellaneous 22,000 22,000 - Transfers m - - Total Revenues 22,000 22,000 - EXPENDITURES Personnel Expenses - Suppl�es Services, and Taxes - 30,000 30,000 Cap�tal Expenditures 60,000 30,000 (30,000) Debt Service - Transfers Out - Total Expend�tures 60,000 60,000 - CHANGES IN FUND BALANCE Net change m workmg cap�tai (38 000) (38,000) - Fund Balances-begmmng 55,279 55,279 - Fund Balances-ending $ 17,279 $ 17,279 $ - New Items Not Prev�ouslv Apnroved by Council Expend�tures - Decrease cap�tal reallocated to supplies and serv�ces for downtown art 30,000 Expend�tures - Increase suppl�es and serv�ces for downtown art reallocated from cap�tal (30 000) Net ad�ustment to end�ng fund balance required $ _ FUND 117 CITY OF BREMERTON 20I0 ANTICIPATED REVENUES EXPENDITURES AND CHANGES IN FUND BALANCE CONFERENCE CENTER OPERATIONS For the Year Ended December 31 2010 Amended Proposed Ad� Required M�d-Year Year-End From The Budget Budget Amended Budget 2010 2010 2010 REVENUES Taxes Property $ $ $ - Sales - Other - L�censes and Perm�ts - Intergovemmental - Charges for Services 1,341 500 1,341,500 - Fmes and Forfe�tures - M�scellaneous 9 000 9,000 - Transfers m 205 000 205,000 - Total Revenues 1,555 500 1,555,500 - EXPENDITURES Personnel Expenses 82,000 82,000 - Supplies Services, and Taxes 1,469,000 1 469,000 - Cap�tal Expenditures - 20,000 20,000 Debt Serv�ce - - - Transfers Out - Total Expenditures 1 551,000 1 571 000 20 000 CHANGES IN FUND BALANCE Net change �n fund balances 4,500 (15,500) (2Q 000) Fund Balances-begmnmg 262,098 262,098 - Fund Balances-endmg $ 266,598 $ 246 598 $ (20,000) Budeet Adiustments New Items Not Previously A�proved by Counctl Expenditure - Increase cap�tal for expenses related to HVAC improvements (20,000) Net ad�ustment requ�red to the end�ng fund balance $ (20 000) FUND 120 CITY OF BREMERTON 2010 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES II�i FUND BALANCE 2010 UTGO/LTGO (B) For the Year Ended December 31, 2010 Amended Proposed Ad� Required Mid-Year Year-End From The Budget Budget Amended Budget 2010 2010 2010 REVENLJES Taxes Property $ $ - $ - Sales - Other - Licenses and Permits - Intergovernmenta) - Charges for Services - Fines and Forfeitures - M�scellaneous - - Transfers m& Other 10,277,300 10,2?7,300 Total Revenues - 10,2'77,300 10,277,300 EXPENDITURES Personnel Expenses - Suppl�es, Serv�ces, and Taxes - Cap�tal Expend�tures - Debt Service 10,276,900 10,276,900 Transfers Out - Total Expend�tures - 10,276,900 10,276,900 CHANGES IN FUND BALANCE Net change m fund balances - 400 400 Fund Balances-beg�mm�g - Fund Balances-endmg $ - $ 400 $ 400 Budeet Ad�ustments New Items Not Prev�ouslv Approved bv Council Revenue - Budget revenue for General Obligation Bond Proceeds 10,277 300 ExpendUure - Budget expend►ture for debt �saue cost (89,800) Expend�ture - Budget expenditure for refund�ng of debt proceeds associated with UTGOII.TGO bond �ssue (10,187,100) Net ad�ustment reqwred to the ending fund balance $ 400 � FUND 204 1 CITY OF BREMERTON �010 ANTICIPATED REVENUES EXPENDITURES AND CHANGES [N FUND BALANCE PUBLIC SAFETY PROJECTS FUND For the Year Ended December 31 2U 10 Amended Proposed Ad� Reqwred Mid-Year Year End From The Budget Budget Amended Budget 201Q 20t0 2010 REVENUES Taxes Property S $ $ - Sales - Other - L�censes and Pertmts - Intergovemmental - Charges for Serv�ces - Fines and Forfertures - Miscellaneous - 5,000 5 000 'Transfers m& Other Revenue I 550 000 1,550,000 - Total Revenues I 550 000 I,555 000 S,OOU EXPENDITURES Personnel Expenses - - Suppl�es Serv�ces, and Taxes 61 000 80,000 19 000 Capital Expendrtures 2,389,800 2,265 000 (124,800) Debt Serv�ce 17,000 17,000 - Transfers Out 237 I99 237, I99 Total Expenditures 2 467,800 2,599 199 131,399 CHANGES IN FUND BALANCE Net change m fund balances (917,800) ( l 044,199) (126 399) Fund Balances-begmmng I 044 199 1,044,199 - Fund Balances-endmg $ 126 399 $ - $ (126,399) Budeet Adiustments New Items Not Prev�ousiv Aooroved bv Council Revenue - Increase for mvestment interest 5,000 Expenditure - Increase suppl�es and serv�ces (19 000) Expend�ture - Decrease capital expenditures 124 800 Expendrture Increase transfer out to General Fund to close out fund (237,199) Net ad�ustment reqwred to the ending fund balance $ (126 399) FUND 302 CITY OF BREMERTON 2010 ANT1ClPATED REVENUES EXPENDITURES AND CHANGES IN FUND BALANCE HARBORSIDE PLAZA AND COMMONS For the Year Ended Dci.ember 31 2010 Amended Proposed Ad� Reqwred M�d-Year Year-End From The Budget Budget Amended Budget 2010 2010 2010 REVENUES Taxes Pn�perty $ � $ - Sales _ Other _ Li�enses and Permrts _ Intergovemmental I 239 863 1 279 101 39 238 Charges for Services - _ _ Fmes and ForfeUures - _ _ M isc.el laneous - 1,000 I 000 Transfers m& Other Revenue - 900,000 900 000 Total Revenues I 239 863 2 I 80,101 940 238 EXPENDITURES Personnel Expenses Supplies Services and Taxes _ Capital Expend�tures 1,247 000 1,414 103 167,103 Debt Service _ _ Transfers Out 280 000 280,000 Total Expenditures 1 247 U00 1,694 103 447 103 CHANGES IN FUND BALANCE Net c.hange m fund balances (7,137) 485,998 493,135 Fund Balances-begmmng 7,137 251,918 244,781 Fund Balanc.es-endmg $ - $ 737 916 $ 737 916 Bud¢et Adiustments New Items Not Previouslv A,pproved bv Counc�l Revenue - Increase intergovernmental revenue assoc�ated with closmg out grant fund�ng 39,238 Revenue - Increase m�scellaneous revenue for mvestment mterest 1,000 Revenue - Increase other revenue due to property sale 900,000 Expenditure - Increase capital expend�tures (167 103) Expenditure - Increase transfer out for work performed by Artenal Street for Pac�fic Ave pro�ect (280,000) Increase Begmnmg Fund Balance not previoualy budgeted 244 7S � Net ad�ustment reqwred to the ending fund balance $ 737 g� �, FUND 304 CITY OF BREIIIERTON 2010 ANTICIPATED REVENUCS E�PENDITURES r1ND CHANGES IN Fl1ND BAL4NCE PARK PLAZA CONSTRUCTION F�x the Y car Ended December 31 2010 Amended Proposed Ad� Reqwred M�d Year Year-End From The Budget Budget Amended Budget 2010 2010 2a10 R�VENUES Taxes Pmperty $ S S Sales Other - i i�enses and Pertmts Intergovemmental - Charges tor Scrvices - Fmes and ForFeuures - Miscellaneous - Transfers m& Other Revenue 8 500 000 8 500 000 - Total Revenues 8 500 000 8 500 000 EXPENDITURES PersoMel Expenses - Suppl�es Services and Taxes - Cap�tal Expenditures R 500 000 8 425 000 ( 75 000) Debt Sernce - 75 000 75 000 Transfers Out - Total Expendrtures 8 500 000 8 500 000 - C HANGES 1N FUND BALANCE Net change m fund balances - - Fund Balances-begmnrog - Fund Balances�ndmg $ - S S Budeet Adiustments New Items Not Prev�ously Approved bv Counc�l Erpenditure - Decrease capital expend�tures being reallocated to debt servue 75 000 Expend�ture -[ncrease debt servue cost assoc�ated w�th bond issue (75 000) Net ad�ustment requ�red to the endmg fund balance $ FUND 305 CITY OF BREMERTON 2010 ANTICIPATED REVENUES EXPENDITURES AND CHANGES IN FUND BALANCE GENERAL GOVERNMENT CAPITAL IMPROVEMENT FUND For the Year Ended December 31 2U10 Amended Proposed Ad� Requ�red Mid-Year Year-End From The Budget Budget Amended Budget 2010 2010 2010 REVENUES Taxes Property $ $ $ - Sales - Other ( Real Estate Excise Taxes) 450 000 450,000 - Licenses and Pertnrts - - intergor ernmental - - Charges for Services - - Fmes and Forfeitures - - Miscellaneous - - 7'ransfers m & Other Revenue - - Total Revenues 450 (�0 450 000 - EXPENDITURES Personnei Expenses - - Suppl�es, Servues, and Taxes - - Cap�tal Expend�tures - - Debt Service I,000 I 300 300 Transfers Out 285,000 285,000 - Total Expend�tures 286,000 ?86 300 300 CHANGES (N FUND BALANCE Net change m fund balances 164,000 163,700 1300) Fund Balances-begmmng 24 241 24,241 - Fund Balances-endmg $ 188,241 $ 187,941 $ (31�) Budaet Adiustments New Items Not Previouslv Approved bv Council Expend�ture -(ncrease interest expense associated with mterfund loan 300 Net ad�ustment reqwred to the endmg fund balance $ 3(Hl FUND 308 CITY OF BREMERTON 2010 ANTICIPATED REVENUES EXPENDITURES AND CHANGES IN FUND BALANCE WATER UTILITY For the Year Ended Dc�ember 31 2010 Amendeci Pro}w5ed Ad� Reyuired M�d-Year Year-End From The Budget Budget Amended Budget 2010 2010 2010 REVENUES Taxes Property $ $ $ - Sales - Other - L��enses and Permits - Intergovernm�ntal - - - Charges tor Serv�ces 8,227 000 8,710,800 483 800 Fmes and Forfeitures - - - M�scetlaneous 430,300 430,300 - Transfers in & Other Revenue 5 712 700 5 712 700 - Total Revenues 14,370 000 14,853,800 483,800 EXPENDITURES Personnel Expenses 4 150,000 4 150 000 - Suppi�es Serv��es, and Taxes 3,232,101 3,232 101 - Caprtal Expend�tures 7,080 000 7,080 000 - Debt Serv�ce 752,000 752 000 - Transters Out 1 217 000 1,292 000 75 ODU Total Expenditures 16 431,101 16,506 101 75 000 CHANGES IN WORKING CAPITAL BALANCE Net change m work�ng capital (2,061,101) (1,652 301) 408,800 Fund Balances-beg�nn�ng workmg cap�tal 4 587,495 4,587,495 - Fund Balances-ending working cap�tal $ 2 5?6,394 $ 2,935,194 $ 408,800 Budget Adiustments New Items Not Previouslv Approved bv Counc�l Expend�tures - Increase transfer out to General Fund for PILOT expense which was decreased at m�d-year (75,000) Revenue - Increase general water sales - prev�ousiy reduced at mid-year 483 300 Net ad�ushnent required to the endmg fund balance $ 408 800 FUND 401 CITY OF BREMERTON 2010 ANTICIPATED REVENUES EXPEND{TURES AND CHANGES IN fU1�D BALAIVCE WASTEWATER UTILITY For the Year Ended December 31 2010 Amended Propos�d Ad� Requ�red Mid-Year Year-End From The Budget Budget Amended Budget 2010 ZO10 2010 REVENUES Taxes Property $ - $ - $ - Sales 10,000 10,000 - Other 2,000 2 000 - Licenaes and Permrts - - - Intergovemmental - - - Charges for Servu,es 12,881,000 13,074 500 193,500 F�nes and Forfeitures - - Misc.el laneous 100,000 100,000 - Transters m& Other Revenue 5,683 000 5 683 000 - Total Revenues 18,676 000 ] R 869 500 l93 S00 EXPENDITURES Personnel Expenses 3,207,000 3,207 000 - Supplies Services, and Taxe,s 3 229,915 3,229,915 - Caprtal Expenditures S,S55,000 8,355 000 - Debt Servue 3,185 000 3,185,000 - Transfers Out 1 994 000 2 024,000 30 000 Total Expenditures 20 470 915 20 500,915 30 000 CHANGES IN FUND BALANCE Net change m workmg capital (1,794,915) (1,631,415) 163,500 Fund Balances-begmnmg workmg c,ap�tal 3 911,000 3 911,000 - Fund Balances-end�ng work�ng cap�tal $ 2 116 085 $ 2,279,585 $ 163 500 Budget Adiustments New Items Not Previouslv A�proved by Counc.�l Expend�ture - Increase transfer out for PILOT expense prevlously decreased at mtid-year (30,000) Revenue - Increase general wastewater sales - previously reduced at m�d-year 193 500 Net ad�ustment requ�red to the end►ng fund balance $ 163 500 FUND 451 CITY OF BREMERTON � 2010 ANT(CIPATED REVENUES EXPENDITURES AND CHANGES iN FUND BALANCE STORMWATER UTILITY For the Ycar Ended December 31 2010 Amended Proposed Ad� Required M�d-Year Year-End From The Budget Budget Amended Budget 2010 2010 2010 REVENUES Taxes PtoP�Y $ $ $ - Sales _ Other _ Luenses and Permits Intergovernmental - _ _ Charges for Servues l 982 000 2 465 800 483,800 Fmes and Forfe�tures _ _ M�scellaneous 35 400 35 000 - Transfers �n & Other Revenue 50 000 50,000 - Total Rcwenues 2 067 000 2,550 800 483 800 EXPEND[TURES Personnei Expenses 1 224 000 I 224,000 - SuppLes Serv�ces and Taxes 556 169 556,169 - Caprtal Expenditures 540,000 540,000 - Debt Service 16,000 l6 000 - Transfers Out 406,000 481 000 75 000 Total Expend�tures 2 742,169 2 817 I 69 75 000 CHANGES 1N FUND BALANCE Net change m work�ng capital (675 169) (266,369) 408,800 Fund Balances-beg�mm�g workmg capita! 2 328 161 2 328 I 61 - Fund Balances-endmg workmg cap�tal $ 1 652,992 $ 2 061 792 $ 408 800 Budaet Ad�ustments New Items Not Prev�ouslv Aporoved bv Council Expenditure - lncrease transfer out for PILOT expense decrease� at m�d-year � (75 000) Revenue - Increase general Stormwater charges - previously reduced at m�d-year 483 800 Net ad�ustment requ�red to the endmg fund balance $ 408 800 FUND 481 7 CITY OF BREMERTON 2010 ANTiCIPATED REVENUES EXPE1vDITURES AND CHANGES IN FUND BALANCE RISK MANAGEMENT INTERNAL SERVICE FUND For the Year Ended Dc�.ember 31 2010 Amended Propoaed Ad� Reqwred Mid-Year Year-End From The Budget Budget AmenJed Budget 2010 2010 2010 REVENUES Taxes Pmperty $ $ $ _ Sales . Other . L.uenses and Permrts _ Intergovemmental _ Charges for Services _ Fmes and Forfe�tures _ Miscellaneous 1,415,400 1,415,400 - Transfers m _ Total Revenues 1,415 400 1 415 400 - EXPENDITURES Personnel Expenses 330,000 345,000 I S 000 Supplies, Services and Taxes 1,285,400 1 270,400 (15,000) Capital Expend�tures _ Debt Serv�ce _ Transfers Out _ Total Expend�tures 1 615 400 1 615 400 - CHANGES IN FUND BALANCE Net c.hange m workmg cap�tal (200,000) (200 000) - Fund Balances-begmmng work�ng capital 1,574,650 1,574 650 - Fund Balances-endmg workmg capital $ 1 374 650 $ 1 374,650 $ - BudQet Adiustments New Items Not Prev�ouslv Approved bv Counal Expenditures - Decrease supplies and servi�es reallocated to personnel expense 15,000 Expenditures- Increase personnel c,osts tor addttional worker's comp expense (15 OOU) Net ad�ustment required to the endmg fund balance $ _ FUND 503 CITY OF BREMERTON 2010 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE EQUIPMENT RENTAL RESERVE OPERATIONS AND MAINTENANCE For the Y�r Ended December 31, 2010 Amended Proposed Ad� Required M�d-Year Year End From The Budget Budget Amended Budget 2010 2010 2010 REVENUES Taxes Property $ $ $ - Sales _ Other _ L�censes and Permits Intergovernmental _ Chazges for Services 1,809,000 1,890 000 81 000 Fmes and Forfe�tures _ Miscellaneous 2,000 6 500 4 500 Transfers m& Other Financmg 2 000 9 800 7 800 Total Revenues I 813,000 t,906 300 85,500 EXPENDiTURES PersonnelExpenses 629,000 629,000 - Supplies. Services, and Taues 1 231,700 1 231 700 - Cap�tal Expend�tures _ _ Debt Serv�ce _ _ Transfers Out 440 000 440,000 Total Expendrtures 1,860,700 2,300,700 440 000 CHANGES iN FUND BALANCE Net change m workmg cap�tal (47 700) (394 400) (346,700) Fund Balances-begmmng work�ng cap�tal 453,871 453,871 - Fund Balances•endmg workmg capital $ 406,171 $ 59,471 $ (346,700) Budeet Adiustments New Items Not Previouslv Approved bv Counc�l Revenue - Increase charges for services for addit�onal work performed 81 000 Revenue - Increase miscellaneous revenue 4,500 Revenue - Increase other revenue associated w�th insurance recovenes � gpp Expenditure - increase ttansfer out to ER&R Reserves for mamtenance losses from 2004 through 2008 (440,000) Net ad�usmient to endmg fund balance required $ (346,7U0) FUND 509 CITY OF BREMERTON 2010 ANTICIPATPD REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE EQUIPMENT RENTAL RESERVE - RESERVES For the Year Ended December 31, 2010 Amended Proposed Ad� Required M�d-Year Year-End From The Budget Budget Amended Budget 2010 2010 2010 REVENUES Taxes Property $ $ _ g _ Sales _ _ Other _ _ Licenses and Permit� _ _ Intergovernmental _ _ Charges for Sernces _ _ Fmes and Forfeitures _ _ _ Miscellaneous 596,000 596,000 - Transters m& Other Fmancing 743,500 1,183,500 440,000 Total Revenues 1,339,500 1,779,500 - EXPENDITURES Personnel Expenses _ _ Supplies, Serv�ces, and Taxes _ _ Capital Expenditures 473,000 473,000 - Debt Service _ _ Transfers Out _ _ Total Expenditures 473,000 473,000 - CHANGES IN FUND BALANCE Net change in worlang capital 866 500 1,306,500 440,000 Fund Balances-beguuiing worlung capital 4,484,668 4,484,668 - Fund Balances-endmg worku�g capital $ 5,351,168 $ 5,791,168 440,000 Budtet Ad�ustments New Items Not Previouslv Auuroved b Counc�l Revenue - Increase transfer in from ER&R Maintenance due from mamtenance losses 440,000 Net ad�ustment requ�red to the endmg fund balance $ 440,000 FUND 510 DATE SUBMITTED October 25, 2010 AGENDA BILL CITY OF BREMERTON CITY COUNCIL ...........................................................................................� SUBJECT: Committee Meetmg Date October 12, 2010 Interlocal Agreement COUNCIL MEETING Date December 15, 2010 �th Kitsap Public Utility District Department Public Works for Funding of the USGS Kitsap &ut���t�es Peninsula Groundwater Study Presenter K Cahall, Water Resources M Phone 473-2315 SUMMARY On average, about 40°�6 of Bremerton's dnnlung water is supplied by groundwater The Unded States Geological Survey (USGS) proposes to condud a groundwater study for the ent�re Kitsap Pen�nsula The ma�or ob�ednres are to charactenze the grourldwater flow system on the Kitsap Pernnsula and �ts interacbon with surtace water for a groundwater flow model This study wdi take fnre years The groundwater model, simulaUng potentiai human-caused and climat�c impads on groundwater and surFace water resources, wdl be transferred to the pro�ed partners as an analytical and planning tool ATTACHMF�TS interiocal agreement, fad sheet FISCAL IlVIPACTS (Include Budgeted Amount) The estimated total cost of this proJect is $1 4 mdlion USGS wnll support 50% of this proJed and local partiapants wdl prov�de the remaining fundmg The Kitsap County Public Utd�ty Distnct (PUD) has agreed to coordmate the pro�ed and serve as liaison with USGS The exact amourrt of funding from each part�capant wdl depend on the number of participants and the amount of an additional grant from Department of Ecology and vmll not exceed $20,000 per year for five years for Bremerton and will likely be less This funding �nnll be from the Water Utdity and has been induded in the 2011 budget for the Water Resources Division APPROVALS: y , � DEPARTMENT DIRECTOR CITY ATTORNEY FINANCE DIRECTOR MAYOR COMMITTEE CHAIR � � � " COUNCII, PRESIDENT CONSENT AGENDA GEr��, ausnvESS D PUBLIC HEARING ❑ RECOMMENDED MOTION: Approve the interlocal agreemerrt w�th the KPUD and authonze the Mayor to finalize and execute the agreement with substantially the same terms and conddions as presented COUNCIL AC1'ION ❑ Approve ❑ Deny ❑ Table ❑ Cont�nue ❑ No Achon INTERLOCAL AGREEMENT FOR FUNDING OF USGS KITSAP PENINSULA GROUND WATER MODEL 1. Parties. THIS INTERLOCAL AGREEMENT ("Agreement") is made and entered into on the date referenced on the s�gnature page by and between the City of Bremerton (herem refened to as "Participant") and Pubhc Utilrty Distnct #1 of ICrtsap County, a mwucipal corporation ("Lead Agenc}l') pursuant to RCW 39 34 2. Puraose of Agreemen� Lead Agency is entenrig unto an agreement vv�th the USGS for the purpose of having the U5GS prepare a comprehensive analysis of the Kitsap Perunsula Ground Water Systems and prepare a ICrtsap Penuisula Ground Water Model 3. Role of Lead Agencv. I{rtsap PUD shall be responsible for coordmatuig wrth the USGS and Participants m the prepazation of the ground water model and admirustration ofthe agreemern vv�th USGS Krtsap PUD shall receive no compensataon for rts admuustratrve duties 4. Contribution of Part�civant. Partic�pant agrees to reunburse PUD for Participants share of payments made by Krtsap PUD to the USGS Such payments shall be made on an annual basis While the exact amount of Participants contnbution will not be known untal all Panc��pants have been identified and have agreed to participate, m no event shall Pazhc�parrt's share exceed $20,000 per year 5. Ownersh�p and Use of Data. Krtsap PUD shall be the custodian and owner of the USGS data However, as Lead Agency, Krtsap PUD agrees to make available and share with all Partic�pants all of the data and uiformataon developed by the USGS includuig the final ground water model 6. Additional Resoonsib�ties of Kitsao PUD As Lead Agency, KPUD shall represent all parnes u► commumcation vv�th the USG5 In addrtion, Lead Agency shall support and momtor the performance and progress of the USGS mcludmg meetu►g vv�th the USGS at regular mtervals to access �ts progress and establish a performance and evaluation process available to all Pamcipants to comment on the progess ofthe ground water model and provide feedback to the USGS 7. Term. Tlvs Agreement shall be m effect for five years Billings shall be prov�ded to Panc�ipant by Lead Agency on an annual bas�s S. Termmation. Any Participant may ternunate rts participation of tlus Interlocal Agreemerrt at 1 any tune for any reason by providmg at least 60 days advanced notice of ternunation m wnhng to the other parties In such event, the termmatmg party shall no longer be obligated to pay any reimbursement costs for the remairung term of tivs Agreement In the event of termmation, Participant shall forfeit any nghts otherwise accnung to it by ttus agreement 9. Hold Harmless. Each party to ttus A�reement shall defend, mdemiufy and hold the other party, its appomted and elected officers and employees, harmless from claims, actions, m�unes, damages, losses or swts mcluduig attorney fees, ansing or alleged to have ansen du�ectly or mdu�ectly out of or in consequence of the performance of tlus Agreement to the extent caused by the fault of negligence of the indemiutor, its appomted or elected of�cials, employees, officers, agents, assigns, volunteers or representatives 10. Aunl�cable Law and Venue. Tlus Agreement shall be construed and interpreted m accordance wrth the laws of the State of Washmgton In the event of a dispute, such dispute shall be hngated m the Supenor Court of Krtsap County, Wastungton 11. Non-D�scrimmation. Parties sha11 not dsscnrrunate m any manner related to ttus Agreemeirt on the basis af race, color, national ongm, sex, sexual onentatioq religion, age, mantal status or disabilrty m employment of the provision of sernces 12. Severab�iri If any provision of the Agreement shall be held mvalid, the rema,wder of this Ageemem shall not be affected thereby if such remauider would then continue to serve the purposes and ob�ect�ves of all Parties 13. Entire Agreemen� Tlus Agreement constrtutes the entu ageement between Parties Any modificahons or amendments to ttus Agreement shall be m wntmg and shall be s�gned by each P�Y 14. Com�liance w�th RCW 39.34.040. Pursuazrt to RCW 39 34 040, this Agreement sha11 be filed vv�th the Kitsap County Audrtor or alternahvely, hsted by sub�ect on the pubhc web srte of the Parties hereto or on other electrorucally retnevable pubhc source 2 DATED tlus day of _ , 2010 PARTICIPANT PUBLIC UTII,ITY DISTRICT #1 OF KITSAP COUNTY Patty Lent, Mayor John Armstrong, President Crty of Bremerton Board of Commissioners ATTEST ATTEST Crty Clerk Clerk for Boazd of Commissioners APPROVED A5 TO FORM APPROVED AS TO FORM Roger Lubovich, William Broughton, Attorney far Crty of Bremerton Attorney for I{�tsap PUD 3 BREMERTON SUPPORT OF USGS KITSAP PENINSULA GROUNDWATER STUDY INTERLOCAL AGREEMENT WITH KITSAP PUBLIC UTILITY DISTRICT Presentation to the Bremerton Public Woiics Commmee Kathleen Cahali, Water Resources Manager ' � ' • • October 12, 2010 BACKGROUND Dnnwng water sources for the Cdy of Bremerton are surface water from the Urnon River and groundwater from a vanety of aqu�fers on the Kitsap Pernnsula Breme�ton is the only water punreyor on the Peninsula that utdizes both surface and groundwater - the other systems rely solely on groundwater Groundwater compnses about 409G of Breme�ton's supplies equatmg to �ust over a bdlion gailons per year, making Bremerton the lar+gest user of groundwater on the Penmsula Use of Bremerton's surt'ace supply �s optim¢ed considenng water quarrtity and quality crrtena Bremerton and ds customers use this water effic�ently - non-r�evenue water in BremeRon is very low and Bremerton's resident�al cuslomers have low per-household water demands Water supplies to meet future growth in Bremerton's service area will come from groundwater All water sources on the Peninsula rely on precip�tation As the populafion grows, so does the demand for groundwater However, the quant�ty of usabte groundwater is limded, langely because the Pernnsula is bounded by seawater and the potential for water-level deGines and seawater irnnusion increases as groundwater usage mcreases Bremerton has been an aclive partic�pant in previously conduded regional water pianning such as the Groundwater Managemerrt Plan, Coor�dinated Water System Plan, WRIA 15 Watershed Planrnng, and with the Water Purveyors Association of Kitsap (WaterPAfn USGS STUDY The Unded States Geological Sunrey (USGS) recently completed a comprehensive groundwater analys�s for Bainbndge Island They propose to bu�ld on this woric wdh a simdar study for the errtire Pernnsula The ma�or ob�ectives of the study would be to charadenze the groundwater flow system on the K�tsap Pernnsula and ds interaction w�th surtace water and to integrate th�s infonnat�on into a numencal groundwater flow model to assist water resource managers develop a long-teRn watershed managemeM plan This study, estimated to take five years, wili create proJect management tools to fac�l�tate commurncation between pro�ect partners and stakeholders and to establish consistent methods and practices among partiapants for data coliec�on, QAiQC, and archnnng The groundwater modei, simulat�ng potent�al anthropogemc and chmatic impads on groundwater and surtace water resources, wdl be transferred to the pro�ect partners as an analytical and planning tool COSTS AND FUNDING The estimated cost of this pro�ed is $1 4 mdlion Under USGS' °cooperatnre" arrangement, they nnll support 50% of this pro�ed and tocal patficapants are expected to prov�de the remairnng fundmg The Krtsap County Public Utildy Distnd (PUD) has agreed to coordinate the pro�ed and serve as haison w�th USGS An Interlocal Agreement would be used to fomnabze the fundmg arrangement with the stakeholders agreeing to financially support this pro�ed The exact amount of funding has not been detennined as it wdl depend on the number of partiapants and the amount of an adddional grant from Department of Ecofogy The amount wdi not exceed $20,000 per year for five years for Bremerton and wdl likely be much less This funding wdl be from the Water Utd�ty and has been included in the 2011 proposed budget for the Water Resources Diwsion RECOMMENDATION ,� �� I recommend the Crty of Bremerton Water Utdity support this study by providmg r$ �r-� � Y � data, technical expertise, and funding at an amount not to exceed $20,000 each year 2011 — 2015 Bremerton wnll also be a part�Gpant on the Techrncal Adv�sory Comm�ttee The USGS study would be a useful tool for ail the Kitsap-area water q= purveyors " � r �� v �� ��w J �� Attached is a draft of the interiocal agreement currentfy be�ng rev�ewed by the 4r , a� � } � City Attomey's office It is anticapated to be presented to Crty Councd for � r, �`� `' "� consideration before the end of the year ' °� '"� '� � _ -e v ` t x �� 7 r�' � �`-+ ����3�$ °{ !t � ' _� Weil 19 One of Bremerton's 13 current ' production wells � � � DATE SUBMITTED Dec l ZOIO AGENDA BILL CITY OF BREMERTON CITY COUNCIL ■�����\����/��������������������ff����l������//������������\���\�\��\�������\����������� SUBJECT: Amendment to Gold Mountain Committee Meetmg Date Dec 8`�, 2010 Golf Club Operating Agreements COUNCIL MEETING Date Dec 15 2010 Department Parks and Rec Presenter Wyn Birkenthal Phone 473-5752 SUMMARY: This amendment extends the 4 Gold Mountam Golf Club operahng agreements until March 31 S `, 2011 allowmg an additional3 month timeframe to finalize negotiation with golf service providers Each agreement is currently set to expire on December 31 S ` ,2010 The agreements are 1) Golf Management Agreement wrth Scott Alexander's Golf Shop, Inc 2) Food and Beverage Services Agreement with Scott Alexander's Golf Shop, Inc 3) Lease for Pro Shop, Dnving Range and Cart Pad wrth Scott Alexander's Golf Shop, Inc 4) Professional Services Agreement for Greens Supenntendent Services with Ed Faulk Operations LLC Inc ATTACHMENTS: Amendments and Ongmal Agreements FISCAL IMPACTS (Include Budgeted Amount) No fiscal impact APPROVALS: DEPARTMENT DIRECTOR � CITY ATTORNEY FINANCE DIRECTOR MAYOR COMMITTEE CHAIR � COUNCIL PRESIDENT CONSENT AGENDA GENERAL BUSINESS ❑ PUBLIC HEARING ❑ RECOMMENDED MOTION: I move approval of amending the 4 Gold Mountam Golf Club operating agreements to extend the term of each agreement to March 31 201 l, and authorize the Mayor to finalize and execute the agreements with substantially the same terms and conditions as presented COUNCIL ACTION• ❑ Approve ❑ Deny ❑ Table ❑ Contmue ❑ No Action ( AMENDMENT TO G4LF MANAGEMENT AGREEMENT WHEREAS, on September 13, 2007, the C�ty of Bremerton, a mumc�pal corporat�on of the State of Washmgton, "C�ty" and Scott Alexander's Golf Shop, Inc , a Wash�ngton corporation, "Contractor" entered into an Agreement to provide profess�onal golf management and serv�ces at the C�ty of Bremerton Gold Mountam Golf Club w�th a terminat�on date of December 30, 2009, and WHEREAS, on December 29, 2009 City of Bremerton, a mumc�pal corporat�on of the State of Washmgton, "C�ty" and Scott Alexander's Golf Shop, Inc., a Washmgton corporat�on, "Contractor" entered into an Amendment to the agreement extending the term of the agreement through December 31, 2010, and WHEREAS, the parties des�re to amend the Agreement to extend the term through March 31, 2011, NOW THEREFORE, for mutual cons�deration, Crty and Contractor agree as follows 5ection 3 of the Agreement �s hereby amended to extend the termmat�on date of the Golf Management Agreement to March 31, 2011 All other terms of the Agreement not specifically amended herein shall remain m full force and effect CITY OF BREMERTON SCOTT ALEXANDER'S GOLF SHOP, INC. , Mayor By SCOTT ALEXANDER Its DATE DATE By DARYL MATHENY Its DATE ATTEST Carol Etgen, C�ty Clerk APPROVED AS TO FORM ROGER LUBOVICH, C�ty Attorney R\Legal\Lcgal\Fdes\Current Actrve F�les\Gold Mountam\Golf Management Agreement Amendment (2010) doc Ame►fdment to Golf Management Agreement ! � � A1�IENDMENT TO GOLF MANAGEMENT A(3REEMENT Vi✓HEREAS, on September 13, 2007, the City oi Bremertoq a mwucipal corporadoa of tho State of Washuigton, "Crt�' aad Scott Aleiander': Golf 3hop, Inc., a Washington co�porauon, "Contractoi" enta�ed mto aad Ag�neat to pmvide professional golf manage�nent and sernces at the City of Branerton Gold Mounta�n t3olf Club; and VNHEREAS, the tGrm of the Golf Management Agi�eanent commenced on Jaauary 1, 2007 and shall terminate on December 31 � 2009; and 1�V�REAS, the parties des�re to amend the Agreement to extend the term t}u+ough December 31, 2010; NOW THEREFORE, for mutuai considerat�on, City and Contractor agree as follows: SecNon 3 of the Agreement is hereby amended to extend the teraui�ation date of the aolf Management Agreement to December 31, 2010. All other terms of the Agreement not speciScally amended herein shall remain w fu11 force and effect. CITY OF BREMERTON 3COTT ALEXANDER'S GOLF 3HOP, INC. t y Q�"��- Mayor By SCOTT ALF,XANDER Its. DATE• _ DATE: By DARYL MA Ita. DATE• /� � 0 A ST . arol Etg Ciry Clerk APPROVED AS TO FORM R LUBOVICH, C�ty Attorney R 1I.�11L.egaAfilesiCunau Acnve ld MountainKiolf Managanau Ag�eanent Ama�dmdit (2009) doc � An�endment b GoljMonogement Agree�re�t ;� , _ COPY FQR � � YOUR INFORMATION `���� `� GOLF MANAGEMENT AGREEMENT THIS AGREEMENT made and entered �nto on the date fully executed by and between the CITY OF BREMERTON, a mun�cipal corporation of the State of Washmgton, here�nafter refened to as "City," and SCOTT ALEXANDER'S GOLF SHOP, INC., a Washmgton Corporation, heremafter referred to as "Contractor;' to provide professional golf management and services pursuant to this Agreement, at the City of Bremerton Gold Mountain Golf Club WHEREAS, the City is the owner of Gold Mountam Golf Club, wluch ownership includes the land upon wtuch said golf complex is located, the buildings and other improv.ements wtuch are a part thereof, and WHEREAS, the Gold Mountaui Golf Club consists of two 18 hole golf courses, the Olympic and the Cascade course, ("Golf Courses" or "Courses"), a dnvmg range, and the clubhouse contauung a Pro Shop, restaurant, meet�ng rooms and the Olympic room, ("Clubhouse'� and other related facilities and structures, collechvely also referred to herem as ("Golf Club") , � WHEREAS, the Crty previously entered mto an agreement with Scott Alexander and Daryl Matheny, Contractor's pnricipals ("Pnncipals"), for food, beverage, and golf management and related services at the Gold Mountam Golf Club, mcludmg, but not liriuted to, food and beverage service, management of the Cascade and Olympic go�f courses and dnvmg range, and for providing P G A professional golf services and lessons to the facility, and WHEREAS, the agreement between the Crty and Contractor for these services expired December 31, 2006 wluch has twice been extended by amendments to sa�d agreement pendmg negotiation of a new agreement, and WHEREAS, the extensions were executed wrth the understandmg that new terms may be negotiated for a new agreement beguuung wrth the yeaz 2007, and WHEREAS, the City desires to enter mto a new agreement wrth Contractor for management of the Cascade and Olympic golf courses, Clubhouse, dnving range and Pro Shop, and for providing professional golf services and lessons to the facility entitled "Golf "Management AgreemenY' effechve January l, 2007 and supersedmg the terms of the extended agreement, and WHEREAS, the parties hereto have simultaneously executed a separate agreement entitled "Food and Beverage AgreemenY' relatmg to the food and beverage service at the Gold Mountain Golf Club, and WHEREAS, the parties hereto have also simultaneously executed a document entitled "Lease AgreemenY' relating to the lease to the Contractor of a certam portion of the Gold Golf Ma�:agemeiit Agreement Page 1 of 20 Mountam Golf Club (the "Lease") for operation of a Pro Shop, dnving range and Contractor's pnvate cart rental business It �s the intent of this Agreement to have the Contractor provide management services to the Gold Mountain Golf Club m accordance with the terms and conditions of this Agreement, and WHEREAS, it is the mtent of this Agreement that the Contractor operate the facilities covered herein in such a manner as to generate and provide revenue at or above a level sufficient to meet bond payment obligations and operatmg expenses paid by the City for the Gold Mountam Golf Club NOW, THEREFORE, in consideration of the mutual covenants contained herem, the parties agree as follows SECTION 1. PURPOSE AND ADMINISTRATION. A. The purpose of tlus Agreement is to estabhsh a management services agreement whereby contractor will provide certaui management and related services at City-owned golf facilities Tlus Agreement is not a lease, nor does it create a leasehold mterest other than similar property mterest in Contractor to the City's facihties B. Contractor will be responsible for performing all work and/or services descnbed herem The Contractor's performance will be momtored and reviewed by the City of Bremerton Director of Parks and Recreation, or his or her designee, (hereinafter "Duector") Contractor shall report directly to the Director and work closely with the Greens Superuitendent Reports and data reqwred to be provided by the Contractor shall be dehvered to the Duector Queshons of the Contractor regazdmg interpretahon of the terms, provisions and reqwrements of tlus Agreement shall be addressed to the Director for response SECTION 2. PREMISES. The facihties of the Golf Club to be managed by the Contractor pursuant to this agreement include the Golf Courses, the Clubhouse and related facilihes, heremafter ("Premises'� SECTION 3. TERM. Pursuant to IRS Revenue Procedure 97-13, the term of this Agreement shall be three (3) yeazs commencmg on January 1, 2007 (the "Commencement Date") and shall terminate on December 31, 2009, unless terminated eazlier m accordance with Section 14 SECTION 4. SCOPE OF SERVICES. A. General Services. The Contractor's responsibilities mclude promoting and managmg the use of the Golf Courses, the collechon of fees, staffing the courses, mcludmg starter services and marshals, management of the Clubhouse and areas of Contractor's responsibility at the dnvmg range, except as otherwise agreed upon between the parties tn wnting Golf Manageme�:t Agreement Page 2 of 20 B. Specific Services. In prov�ding the general services descnbed above, Contractor shall provide not less than the fotlowmg specific services 1. Olymp�c and Cascade coursea a Contractor shall provide an adequate number of starters, agreed upon by both parties, deemed necessary for the courses to facilrtate a good golf operation Contractor shall be responsible for all startmg of golf play and for control of the first tee at all times Dunng peak play hmes for each season as idenhfied herein, Contractor must provide a course marshal a mmimum of 346 hours per week for the months of May through September, 148 hours per week for the months of March, Apnl and November, and seven hours per week for the months of November and December On days when the tee sheet is not full, Contractor may ad�ust tlus mmunum downward to the extent start times are not matenally affected In case of extended penods of inclement weather, this requuement can be waived by mutual agreement of the Director of Pazks and Recreahon and Contractor In such case, the compensation will be ad�usted accordingly upon mutual agreement b All counter staff at the courses shall be expenenced, tramed, and knowledgeable of golf operations and course rules c Contractor shall provide an adequate number, as agreed upon by both parties, of golf clubs, bags, and pull-carts for rent to users at the courses d Contractor shall operate and masntam a service for the handling, sales, and leasmg of golf equipment and for leasing of carts for operation of the Golf Club operahons e In cooperation wrth the Director and Golf Complex Board of Directors, established pursuant to Chapter 2 34 of the Bremerton MuYUCipal Code (the "Golf Complex Boazd"), Contractor shall schedule all golf tournaments and shall mihate and promote golf activities at the Golf Club f The Contractor and Greens Supenrrtendent shall mutually agree upon the open and start of play daily with the Duector resolvmg any conflicts 2. Driving Range and Pro Shop. a The Contractor agrees to mamtam and operate the dnvmg range and Pro Shop m con�unction with the services provided in tlus agreement The dnving range and Pro shop shall be mamtained and operated in accordance with the Lease between the Crty and Contractor for the facilities 3. Lessons. a The Contractor may provide competent golf mstruction to all groups and levels of public players, includmg �umors Qual�fied P G A members or registered assistants must be available to conduct lessons All revenues received and costs incuned by Contractor for lessons shall be revenue and costs of the Contractor b All lesson gross revenue shall be paid directly to the Contractor or subcontractor and shall not be mcluded m the City's revenue receipts 4. Gift Certificates. Contractor will sell gift certificates for merchandise, restaurant, green fees, and lessons Sale of these certificates will be in accordance with intemal Golf Management Agreement Page 3 of 20 controls as approved by the City Contractor shall maintain a log showmg all unredeemed outstand�ng certificates 5. Clubhouse Management. a The Contractor shall manage the Clubhouse for the City Th�s shall include operat�ng and maintaimng the restaurant and lounge in accordance with the Food and Beverage Agreement between the City and Contractor b Contractor shall mamta�n the facilrties in a clean, neat and hygienic condrtion Contractor shall provide basic �arutonal services, including supplies necessary to provide adequate �amtonal services These services shall include, but not be limited to 1 Cleanmg all carpets annually, ii Vacuuming floors at least daily dunng peak season, lii Cleanmg restrooms and all common areas at least daily, iv Providmg penodic spot checks of restrooms to replenish supplies and paper products and attend to problems as needed, and v Clean wmdows and clean patios, sidewalks and other common azeas as needed c The Contractor shall ma�ntain the Clubhouse, and extenor pahos, mcluding garbage conta�ners azound Clubhouse buildmgs and entryways, m a clean, well kept, orderly manner to the sahsfaction of the City Contractor shall conduct mmor maintenance and repaus to intenor facilities and fixtures, mcludmg lights, plumbmg, and locks associated with Contractor's area of responsibilrty d. The Contractor shall provide mamtenance and repair sernces for all FF&E within the Clubhouse, Contractor owned tools and equipment, and all Contractor leased equipment Replacement of Crty owned equipment shall be m the sole discretion of the City and the City shall arrange for equipment replacement in accordance with available fundmg e. Contractor shall be responsible for the costs of supphes for operahons at its cost and expense 6. Adverhsing. a The Contractor shall annually provide to the Director for approval an advertismg and promohon plan for the Golf Club, wluch approval shall not be unreasonably wrthheld Contractor shall spend a muumum of $35,000 per year for adverhsing for the Golf Club operahons b Contractor shall obtatn City approval for all advertisement for 7 commercial vendors unrelated to concession operahon on score cards, benches, entryways, etc Contractor agrees to honor contracts with existing advertismg vendors unhl said contracts expire 7. Attend Meetings. Contractor agrees to be available to attend regular and special meehngs of the Golf Complex Board, Parks and Recreahon Commission and City Council, and shall be prepared to discuss issues and ideas of interest to the Contractor and City C. Pr�c�ng of Golf Services. 1. Green fees are established by City Council followmg a revtew and recommendation of the Golf Complex Board The City reserves the nght to establish fees for residents, residential preferential programs, and events sponsored by local businesses and organizations, as well as non-resident fees Fee ad�ustments must be approved by the City Golf Management Agreement Page 4 of 20 Council except that the Director may establish discount rates for promotional purposes Contractor, as an ex-officio member of the Golf Complex Board, shall have input on pncmg of golf services 2. All tournament fees will be set by the Contractor sub�ect to review and final approval of the Director SECTION 5. OTHER DUTIES AND RESPONSIBILITIES. A. Performance of Duties. The Contractor shall devote their attenhon and energies to the performance of duties as golf Contractor for the City durmg the term of this Agreement They shall conduct themselves at all times and m all matters m accordance with the standards accepted for golf Contractor as estabhshed by the Professional Golfers Association (heremafter "PGA") The Contractor shall operate the facihhes and prograzns under theu d�rechon and control so that they will meet or exceed the standard m the mdustry for pubhc golf courses m the Puget Sound region B. Personnel. The Contractor shall provide competent personnel necessary for such operahons and shall tram and supervise them in theu work and shall pay them for their services at the Contractor's sole cost and expense Contractor shall supernse, direct and tram staff to perform duties and meet requuements for sales, rentals and services wluch aze, m the opuuon of the City and Contractor, necessary Contractor shall provide an on-gomg staff trawuig program wrth emphasis on customer traimng There will be a muumum of two PGA professionals on staff mcludmg the Pnncipals of Contractor At least one of the PGA professionals must be on srte da11y dunng peak business hours of the Golf Club C. Credit Rating. Contractor shall mamtain a good credrt ratuig in all commercial transactions so as not to discredit the reputahon or name of the City of Bremerton D. Tournament Play. The Contractor shall have the nght and are expected to represent the City of Bremerton m vanous golf toumaments They shall submit their toumament schedule for uiformahon to the Duector In the event they qualify, they shall have the nght to play m the U S Open, Masters, the PGA National Championslup, and the Club Contractor's Championship, or any tour event held locally E. Secur�ty. The Crty has mstalled a monitored burglaz alarm system at the Clubhouse and Pro Shop, and the City will pay the monthly service charge for the system Contractor is responsible for settmg the alarm, msunng that it is properly operatmg and notifying the Crty if rt is m need of repair F. Inspections. The Contractor will make a daily physical mspection of the complex and report any unusual or unsafe condihons observed dunng said inspection to the Director immed�ately Such reports shall be followed up m wntmg Golf Ma�:agement Agreement Page 5 of 20 G. Quarterly Review. Contractor and City shall meet on a quarterly schedule, or as otherwtse as mutually agreed, to evaluate operations at the Golf Club and the performance of the parties pursuant to th�s agreement and to make mutually agreeable changes SECTION 6. OPERATING POLICIES AND PROCEDURES. The Contractor w�ll A. Operate the Golf Club pursuant to the rules and regulations established by the City Council and the Director B. Expel unruly persons or those under the influence of intoxicants from the Premises under Contractor's control C. Not foster nor permrt any illegal activity on the Premises under Contractor's control D. Answer and handle all compla�nts and shall supervise a public relahons program In deahng with the pubhc, Contractor will not speak toward City pohcies or decisions in a derogatory manner Contractor shall explaan and support city policies to staff and the golfing pubhc E. Nut use the Premises for ancillary, revenue-producing act�vihes, or social achvities unless expressly authonzed by the City The parhes acknowledge that Contractor conducts certaui pnvate busmess operations pursuant to the Lease executed with the City for operation of a Pro Shop, dnvmg range and Contractor's pnvate cart rental busmess and further that Contractor subcontracts lessons at the Golf Club F. Regulate the play and conduct of all persons on the golf course, includuig keepmg off trespassers and prevenhng m�ury to the golf course by players and others G. Not allow any person to be afforded free use of the golf course unless approved by the Director H. Superrnse all golf achvihes m connechon with outside parhes and shall provide members of the golfing pubhc wrth adequate services, as may be required I. Provide service to meet public demand and shall keep the Clubhouse open each day that the golf courses aze open for play, and at other reasonable hours as prescnbed by the City, except Thanksgivmg and Chnshnas, at Contractors ophon, days the Greens Supenntendent closes the course due to mclement weather and except as set forth m Sechon 7(D) and (E) SECTION 7 COMPENSATION. A. Contractor shall be compensated for services as follows 1 Course and Facil�ty Management Fee. Golf Management Agreement Page 6 of 20 a Fixed Fee - Year 2007. Contractor shall be paid the annual sum of three htindred fifty-fcve thousand etght hundred fifty dollars ($355,850) This fixed fee compensation shall be paid in weekly mstallments of $6,843 27 or as otherwise agreed b Fixed Fee - Years 2008 and 2009. Contractor shall be paid the annual sum of three hundred e�ghty-five thousand eight hundred fifty dollars ($385,850) This fixed fee compensation shall be paid m weekly installments of $7,420 19 or as otherwise agreed c Percentage (Greens) Fee. In addition, throughout the term of this contract, Contractor shall be paid ten percent (10%) of revenues received &om greens fees, net of sales tax, in excess of $2,000,000 00 but m no event shall this percentage fee exceed the fixed fee m any given yeaz set forth in this section For purposes of this subsection, greens fees mclude daily prtvate cart fees and all other course achvities not otherwise provided for m this section, Sechon 7, for whic� revenue is received for use of the course, whether golf related or not Tlus percentage fee shall be pazd after the end of each year 2. Golf Rounds. For each yeaz of tlus agreement, Contractor shall be paid addrtional compensahon for customer paid golf rounds that are sold above the pnor yeaz's golf round sales as follows Rounds Compensation 1000-1500 $3,000 00 1501-2000 $5,000 00 2001-2500 $7,500 00 2501-3000 $15,000 00 3001 and above $18,000 00 For purposes of determuung compensahon for golf rounds for the first yeaz of this agreement, it is acknowledged that the pnor year's (2006) golf rounds were 90,509 Payment of this compensahon will be made at the end of the yeaz 3. Final reconciliation. Fmal reconcihahon and payment for each year will be made by January 31 of the following year B. Billing and Payment Procedures. The City shall pay the amounts due to Contractor a.s set forth in Sechon 7(A) Appropnate reconciliation payments for the costs and expenses mcurred by the City (i e credit cazd fees) m the current month for wluch the Contractor is obligated to pay under the terms of the agreement, shall be included m the reconciliation ad�ustments and will be deducted from the City's payment m the following month C. Withholdmg of Payments to Contractor In the event the Contractor is 60 days or later in payment of lease payments associated with the Lease, City may withhold and apply all momes due to Contractor from City under tlus Agreement to offset any such amounts due to City from Contractor under said Lease D Golf Course Closure — For Cond�tions and Repair The golf course facilities shall remain open for play unless they are closed as a result of causes beyond the control, fault, or negligence of the parties Such causes may mclude, without limitation, acts of God or public Golf Management Agreement Page 7 of 20 enemy, acts of the federal, state, or local govemments, fires, floods, epidemics, volcanic erupttons, quarantine restnctions, stnkes, freight embargoes, court orders, and unusually severe weather or other condition that causes all or a portion of the Golf Club facilities to be closed for extended penods of time Should either the City or the Contractor fail to perfonn because of a cause descnbed in this subsection, the City and the Conhactor shall make a mutually acceptable revision m the SCOPE OF SERVICES and COMPENSATION provided for in this Agreement, including termination of the Agreement tf the Golf Club is deemed unusable by the City as a result of ma�or damage or destruction and the City elects not to rebuild the same In the event that Crty determmes that rt is necessary to close all or a portion of the golf Club facilities due to regular maintenance, repair, capital improvements, mclement weather, or similaz condihon wluch results m a situahon where the golf course is unsatisfactory for play, or if damage to the course and facilihes is lilcely if rt rema�ned open, the City shall coordinate such closmg with the Contractor pnor to actual closmg Contractor shall comply with the Director's decision to close all or part of the course and facilihes at no cost to the Crty In the event of closure of all or a porhon of the Golf Club facilrties as set forth m this subsection, Contractor shall not be enhtled to any compensahon pursuant to ttus section, Section 7, whether fixed fee or percentage fee, however, when feasible, the City and Contractor shall revise the SCOPE OF SERVICES and COMPENSATION as noted above for partial closure of the Golf Club, unless this agreement is termmated pursuant to Sechon 14(F) The Crty shall mcur no habihty to Contractor for lost revenue or other addihonal compensahon as a result of any closure of all or a po�tion of the golf Club facihties as set forth m this subsection E. Golf Course Closure — For Events. In the event cucumstances requue the closure of the course or porhons thereof for events that may result m the loss of greens fees, the D�rector may approve, in advance of the closure and m wnting, an amount representing potenhal greens fees lost as a consequence of the course closure Tlus amount sha11 be used to determine what amount, if any, shall be pa.id to the Contractor pursuant to tlus sechon Any amount pursuant to this sechon will be included m the Final reconciliahon and payment as provided m tlus section SECTION 8. CITY RESPONSIBILITIES. A. Golf Course grounds 1. The City shall mamtain and repair all turf and landscaped areas ad�acent to the tees, greens, fairways, dnvmg range, parlcmg lot and the Golf Course buildmgs 2. The City shall mamtam and repair all buildmg extenors, parkmg lots, pathways and all of their fixed components, includmg structural mamtenance of buildmgs, heating and cooling units, doors and windows, locks associated with City's area of responsibility, and lighting systems 3 T'he services provided m(1) and (2) above shall be m the manner and to the extent previously provided and w�thm defined annual budgets Golf Management Agreemei:t Page 8 of 20 B. Ut�littes. All electnc power, water, sewer, gas/propane, street utility, garbage and telephone service related to this agreement shall be paid by the City If upon review the City determtnes that action �s needed to address excessive consumphon, Contractor will promptly respond and take appropnate action to remedy the excessive consumption Each party shall pay mternet and web page costs and expenses related to their duties and responsibilities under this Agreement, unless otherwise agreed SECTION 9. CAPITAL IMPROVEMENTS AND FIXTURES. Contractor shall not make any alterahons, additions or improvements in the Gold Mountam Golf Club, includmg the Clubhouse, without first obtaining the consent of City m wnhng, which consent can be withheld at City's sole discretion All alterations, addrtions and improvements, shall be at the sole cost and expense of Contractor, and shall remaui m and be surrendered with the Clubhouse as a part thereof at the ternunation of tlus Agreement except for those unpmvements and fixtures supplied by the Contractor wluch at the hme of tlus Agreement aze idenhfied on the attached Exhibit A If Contractor performs work with the consent of City, as provided above, Contractor agrees to comply with all laws, orduiances, rules and regulahons of the City and any other authonzed public authonty Contractor further agrees that workmanslup will be of a reasonable commercial quahty, in color schemes m accordance with current building, standazds, and free of inechazucs liens Contractor further agrees to save Crty free and harmless from damage, loss or expense ansing out of such work SECTION 10. COLLECTION OF FEES, FINANCIAL REPORTING, AUDITING AND TAXES. Pursuant to the Golf Club Revenue Bond resoluhons, the City irrevocably pledged gross revenues from the Golf Club as secunty for bond repayment Therefore, all gross revenues from any source shall first be deposited m the City's bank account and disbursed pursuant to tlus Agreement A. Point of Sale System. City shall be responsible for purchasmg, setting up and mainta�ng a pomt of sale system through which all transachons at the Golf Club will be processed 1. City's Responsibilities. The Crty shall provide a casluenng system for use by the Contractor City shall provide uuhal traaning on the operahons of the casluenng system All subsequent trauung of Contractor's staff shall be the responsibilrty of the Contractor The City shall also be responsible for mauitenance of network, winng, software, and equipment The City will provide repair parts as needed for equipment 2. Contractor's Responstbilities. Contractor shall be responsible for any addihonal hardwaze, user licenses, and softwaze that Contractor chooses to mstall The Contractor shall also be responsible for operatmg supplies such as receipt paper, toner, and labels Contractor shall provide additional formal traming for Contractor's employees after initial trammg sessions have been performed by the City New cashier employees and office managers must have suitable knowledge of the Golf cashieruig system in order to perform their duties m an efficient and accurate manner This traimng may be provided by Contractor personnel Golf Management Agreement Page 9 of 20 3. Mod�fications. Any other changes, additions, or modifications applicable to the City owned cashienng system would need mutual agreement as to payment responsib�lity B. Receipting. Contractor and/or subcontractor shall collect for, and on behalf of, the City all gross revenue, tncludmg but not limited to golf course greens fees, dnvmg range fees collected under the Lease, golf club and cart rentals, golf course tournament fees, non-sufficient fund check retum fees, and all other fees at the Golf Club m stnct accordance with the schedule of fees established by the City, unless other mstructions aze given m wntmg to the Contractor Netting of transactions is prolubited All revenue collected from transactions under this agreement, with the excephon of lessons, must be processed through the Pomt of Sale System and deposited as provided in subsechon 10(C) Contractor may process lesson revenue through the Point of Sale System m which case the revenue must be receipted and deposrted as provided in subsechon 10(C) and thereafter reconciled and paid to Contractor as appropnate All course gross revenue must be recorded, collected and deposited m a manner wluch will dispense a dated receipt to be given to each customer C. Deposits. All deposrts must be prepared in a tunely manner defined as %z hour ahead of scheduled pick-up and composition of deposrt shall rema�n mtact and a clear audrt tra�l maintauied The Crty will provide and pay for couner service Any delays causmg addihonal "premise charges" will be paid by Contractor All deposits will be made mto a single account estabhshed for the Golf Club Settlements and appropnate disbursements will be made from tlus account Contractor shall be responsible for any loss or theft of Crty funds wlule the same are in its possession or control Contractor shall provide Crty wrth a fidehty bond and a performance bond as reqwred in tlus Agreement Contractor and any subcontractor sha.11 comply with accounhng procedures as may be reqwred by the City to comply with state laws, regulahons and audit review requuements D. Reports. Contractor shall provide to the City daily reports of golf activrty and receipts m a format to be provided by the Director and Finance Officer, and shall structure their accountmg system m a method sahsfactory and acceptable to the City The reports will be forwaxded to the Duector and must be received by the 2nd business day followulg the day of achvity, excludmg Fndays, Saturdays and Sundays which will be due on Tuesdays The reports must agree with the corresponding deposrt for the day In addihon, the Contractor shall subrrut a copy of rts previous year's operatuig statement by Maxch 31s to demonstrate Contractor's financial abihty to maintam operahons under tlus Agreement E. Audits. All revenue and fees collected at the Golf Club are Crty revenues and sub�ect to audit by the State Audrtor, City Internal Auditor, or City lured Certified Public Accountants Contractor shall pernut the City, from hme to time as the City deems necessary, through its designated representatives, to mspect and audrt m Bremerton, Washmgton, at any reasonable time, all pertinent books and records of Contractor and any other person or enhty that has performed work in connection with or related to Contractor's services under tlus Agreement to venfy the accuracy of accountmg records and shall supply the City with, or shall permit the City to make a copy of any books and records and any porhon thereof, upon the City's request Golf Management Agreemeat Page 10 of 20 Contractor shall ensure that such mspection, audit and cop}nng nght of the C�ty is a condit�on of any contract, agreement or other arrangement under which any other person or entity is permitted to perform work m connection with or related to Contractor's services under this Agreement The Contractor shall take immediate corrective action on all pnor, current or future intemal control weaknesses as directed by the City F. Taxes. Pursuant to the City's bond resolutions on the Golf Club facilihes, the Contractor will remit to the City all gross revenues collected Sales tax from Contractor's activihes remitted to the City will be held by the City and will be returned to the Contractor weekly or as otherwise agreed City shall retain and remit sales taxes on revenues from green fees sales As an independent contractor, the Contractor acknowledges that �t is responsible for payment of any local, state, includmg business and occupat�on tax, or federal taxes or fees with respect to the Contractor's business, mcludmg sales tax, for rts achvities The Contractor shall pay any and all apphcable taxes when due G. Credit Card Costs and Fees. Contractor shall be responsible for all credit card costs and related fees mcurred for Contractor's business pursuant to this agreement (ie lessons) and the Crty shall be responsible for credrt card costs and related fees incurred for the City's business pursuant to tlus agreement (ie greens fees) SECTION 11. MAINTENANCE OF RECORDS. The Contractor shall keep and mauitain on a current basis all books and records, includmg the operatmg accounts, to support rts management and operahons of the Premises under this Agreement The City or its authonzed representative shall have the authonty to inspect, audrt, and copy, upon reasonable nohce and from hme to time, any records of the Contractor regarduig its billmgs, payments or work under tlus Agreement Contra.ctor shall retam these records for uispection, audit, and cop}nng for at least three (3) years from the date of completion or termmation of tlus Agreement, or as otherwise requued by the Waslungton Secretary of State General Records Retenhon Schedule for all Local Govemment Agencies in Waslungton State Contractor shall, at all hmes, provide the City with all records for the pnor three (3) years tha.t relate to the financial matters of the Premises managed by Contractor under tlus Agreement SECTION 12. AUDIT OF PAYMENTS. The City, erther duectly or through a designated representahve, may audrt the records of the Contractor at any hme dunrig the three (3) year penod established by Section 11, MAINTENANCE OF RECORDS If an audit discloses that payments to the Contractor under Section 7, COMPENSATION, were m excess of the amount to wtuch the Contractor was enhtled, or that the payments to the Crty were less than the amount to wluch the City was entrtled, then Contractor shall repay the amount of the excess or deficiency to the City If an audit discloses that payments to the Ctty under Sechon 7, COMPENSATION, were m excess of the amount to which the Crty was entitled, or that payments to the Contractor were less than the amount to wluch the Contractor was entitled, then the City shall repay the amount of the excess or deficiency to the Contractor Golf Manageme�:t Agreement Page 11 of 20 SECTION 13. ASSIGNMENT. Contractor shall not e�ther voluntanly or by operation of law assign, transfer, mortgage, pledge, hypothecate, or encumber this contract or any mterest therein and shall not subcontract the obligations under ttus Agreement, or any part thereof, or allow any person (employees, agents, servants, and invitees of Contractor excepted) to use the Golf Club Facilities, or any portion thereof, without the pnor wntten consent of the City Any such assignment, subcontractmg or use without compliance with the terms of this paragraph shall be void and shall constitute a default under the terms of this Contract If Contractor is a corporation, any transfer of tlus Contract from Contractor by merger, consolidation, or liquidation, or any change in the ownership or power to vote m a ma,Jonty of the outstanding vohng stock of Contractor shall constitute an assignment for purposes of this paragraph Any consent to one assignment, subcontrachng, or use by any other person shall not be deemed to be a consent to any subsequent assignment, subcontractmg, or use by another person Consent to any such assignment, subcontrachng or use shall m no way reheve Contractor of any liabihty under tlus Agreement Assignment by Contractor to a financial inshtuhon holding a secunty mterest m tlus Agreement shall not be considered to be a violation of the consent requ�rements of this Agreement Consent for any subsequent assignments by said financial inshtuhon will not be unreasonably withheld, however, any assignee must have expenence and be lrnowledgeable in golf and food and beverage operations SECTION 14. TERMINATION. Tlus Contract will temunate upon the happerung of any of the following events A. Upon rts normal termmation if not renewed B. Upon termmahon of the Lease and/or Food and Beverage Agreement C. Upon the death of both of Contractor's Pruicipals D. By mutual wntten agreement E. Breach of tlus Agreement as set forth m Sechon 15 below F. Ma�or damage or destruchon of the golf Club property, structures or equipment that is the sub�ect of ttus Agreement, when the City decides not to rebuild, and that damage or destruction will prevent Contractor from substantially performing their obligahon under tlus Agreement SECTION 15. BREACH. A. In the event that either party claims that the other is in a substantial breach of any of the provisions of this Contract, notice of the breach shall be submitted to the party alleged to be m breach and the party in breach shall have thirty (30) days from receipt of the notice withm which to correct any activity or conduct claimed by the other to have constituted a substantial Golf Managenteht Agreement Page 12 of 20 breach of this Contract The notice shall identify the nature of the breach and the contract provisions violated B. In the event that the party m breach shall fa�l to correct the activity claimed to constitute a substantial breach of this Contract withm thirty days of receipt of the notice of breach, the party claimmg breach may 1. Issue a notice of ternunahon, and/or 2. Seek �udicial remedy or specific performance, and/or 3. Pursue any other remedy ava�lable at law or equity C. The Contractor is sub�ect to immediate terminahon upon wntten notice by City if 1. Contractor violates any fiduciary duty to the City by misappropnahng or not properly accounhng for or mishandhng Crty funds as deternuned by the City or Waslungton State Auditor, or 2. Contractor vacates or abandons the Golf Club facilihes under Contractor's responsibility D Upon receipt of notice of terminahon by Contractor, wluch is issued by the City, the City shall have the nght to ` 1. Enter and take possession of the facilrties, and/or 2. Bnng surt for and collect all fees and portions of gross revenue or any other monies required to be paid to the City wluch shall have accrued to the hme of terminahon of the Contractor's nghts E. Upon wntten nohce of ternnnahon by the City, Contractor will have tlurty (30) days to vacate the Premises unless the City elects to take immediate possession as set forth m pazagraph D above Ternunation shall be affected by sernng a Notice of Ternunation by certified ma11(retum receipt requested) or by personal dehvery upon the Contractor sethng forth the manner m wluch the Contractor is m default F. Nerther the Crty nor the Contractor shall have breached ttus Contract by reason of the closmg of all or a porhon of the golf course facilihes as set forth in Sechon 7(D) and (E) G. Examples of a breach by the Contractor wluch warrants ternunahon, if not cured, shall mclude but not be limrted to 1. Misappropnation or mishandling of City funds 2. Contractor makes any general assignment or general arrangement for the benefit of cred�tors or the fihng by or against Contractor of a petition to have Contractor ad�udicated as bankrupt, or a petition for reorganizahon or arrangement under any law relatmg to bankruptcy (unless, m the case of a petition filed agamst Contractor, the same is dismissed within sixty (60) days or the appointment of a trustee or a receiver to take possession of substantially all of Contractor's assets located at the Premises or of Contractor's mterest in tlus Agreement, where possession is not restored to Contractor within tturty (30) days or the attachment, execution, or other �udicial seizure of substantially all of Contractor's assets located Golf Ma�:agement Agreeme�:t Page 13 of 20 at the Premises or of Contractor's mterest tn this Agreement where such se�zure is not d�scharged within t}urty (30) days 3. Contractor assigns all or part of �ts interest �n this Agreement without pnor written consent of the City pursuant to Section 13 4. Nonpayment of outstanding current liabilities within ninety (90) days and failure to pay Federal, State, and local taxes and license fees when due 5. Contmuing inattention or neglect of duties 6. Suspension from the PGA resulting m a situation where neither pnncipal is a member of the PGA for more than thirty (30) days 7. Convichon of a felony or conviction of a non-felony cnme of dishonesty, theft or deceit of either of the Pruictpals SECTION 16. PURCHASE OF CONTRACTORS MERCHANDISE. In the event the City takes over management of the Golf Club facihhes, after expirahon of tlus Agreement or earlier terminahon by the City, Contractor reserves the nght, if rt so elects at its discretion, to require City to purchase the Contractor's Pro shop and dnvmg range merchandise and moveable furrushuigs idenhfied m Exhibit A at Contractor's cost less depreciation mutually agreed upon If there is no agreement, this amount shall be estabhshed by a mutually agreed upon mdependent appraiser The City shall make payment witlun 90 days of expiration or ternunation, less any monies owing to the City under the terms of tlus Agreement, the Food and Beverage Agreement or under the terms of the Lease Should Contractors sunply abandon any items set forth above, they shall immediately become the property of the City SECTION 17. INDEPENDENT CONTRACTOR A. The Contractor is engaged as an independent contractor and will be responsible for any federal, state, and local taxes and fees applicable to payments hereunder B. The Contractor, rts subcontractors, and theu employees, are not employees of the City and aze not eligible for any benefits through the Crty, mcludmg wrthout hriutahon federal social secunty, health benefits, workers' compensahon, unemployment compensahon, and ret�rement benefits C. The parties agree and acknowledge that the Contractor is an mdependent contractor and not the agent or employee of the City of Bremerton, and that no liability shall attach to the City as a result of the acts or omissions of the Contractor, rts agents or employees D. The Contractor shall be responsible for withholdmg and pa}nng all payroll taxes for any person hired by them to perform the duties they are required to perform under the terms of this agreement They are also responsible for all taxes owed to any govemmental agency as a result of the monies paid to them under the terms of this Agreement Golf Management Agreen:ent Page 14 of 20 SECTION 18. INDEMNIFICATION, INSURANCE, BOND. A. Indemnif cation. 1. Contractor agrees to defend, mdemn�fy and save harmless the City, its appointed and elected officers, employees and volunteers, from and against any and all liability, loss, cost, damage and expenses, mcluding costs and attorney fees in defense thereof because of actions, claims or lawsuits for damages resulting from personal or bodily in�ury, ►ncluding death at any time resulting there from, sustained or alleged to have been sustatned by any person or persons and on account of damage to property, ansing or alleged to have ansen directly or indirectly out of or in consequence of or the performance of this Agreement, whether such in�unes to persons or damage to property is due to the willful or negligent acts or omissions of Contractor, their subcontractors or agents This provision shall be inapplicable to the extent the City is �udicially found solely negligent for such damage or m�ury 2. Should a court of competent �unsdiction determme that tlus Agreement is sub�ect to RCW 4 24115, then, m the event of liability for damages ansmg out of bodily m�ury to persons or damages to property caused by or resultmg from the concurrent negligence of the Contractor and the Crty, its officers, officials, employees and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence B. Insurance Requirements. 1. The Contractor shall procure and mamtaui for the duration of this Agreement, msurance agauist clauns for m�unes to persons or damage to property wluch may anse from, or m connection with, the performance of the work hereunder by the Contractor, its agents, representatives, employees or subcontractors 2. The Contractor shall provide a Cert{ficate of Insurance evidencmg a Automobile Liabtlity Insurance wrth no less than $1,000,000 combmed smgle lirrut per accident for bodily m�ury and property damage, and b Commercial General Liabilaty Insurance wntten on an occurrence bases wrth hmrts no less than $1,000,000 combmed smgle lunit per occurrence and $2,000,000 aggregate for personal in�ury, bodily m�ury, and property damage Coverage shall mclude but not be limrted to blanket contractual, products/completed operations, broad form property damage, liquor habilrty, and employer's liabihty 3. Any payment of deductible or self msured retenhon shall be the sole responsibilrty of the Contractor 4. The City, mcluding its officials, employees, and volunteers, shall be named as an addrtional msured on the msurance policy, with respect to work performed by, or on behalf of, the Contractor and a copy of the endorsement nammg the City as additional insured, approved by the City's Rtsk Manager, shall be attached to the Certificate of Insurance 5. The Contractor's insurance shall contain a clause stattng that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability 6. The Contractor's insurance shall be the pnmary and non-contnbutmg insurance wtth respect to the City's msurance and the City shall be given thirty (30) days pnor wntten notice of any cancellation, suspension or matenal change m coverage Golf Managen:ent Agreement Page 15 of 20 7. Acceptability of Insurers. Insurance is to be placed w�th an msurer with a Bests' rating of no less than A XIII, or with an insurer acceptable to the City 8. Subcontractors. Contractor shall mclude all subcontractors as �nsureds under its policies or shall fum�sh separate certificates for each subcontractor All coverage for subcontractors shall be sub�ect to all of the requirements stated herein C. Bond. The Contractor shall contmuously ma�nta�n at its expense an employee dishonesty bond covenng collection of fees on the Premises for the benefit of the City The bond shall be in an amount not less than SEVENTY-FNE THOUSAND AND NO/100 DOLLARS ($75,000 00) The Contractor must addihonally provide broad form money and secunties coverage both inside and outside the Premises m an amount not less than FNE THOUSAND AND NO/100 DOLLARS ($5,000 00) D. Proof of Insurance. Proof of the above requirements must be provided to the City upon execution of this Agreement The policies requued herem shall provide not less than thirty (30) days pnor wntten notice to the City of any cancellahon, expirahon, modificahon, or reduction m coverage or liability limits SECTION 19. SUBCONTRACTING. The Contractor shall not subcontract its work under this Agreement, m whole or m part, without the wntten approval of the City The City reserves the nght to review and approve any subcontracts pnor to execuhon to ensure comphance with the provisions of tlus Agreement The Contractor shall reqwre any approved subcontractor to agree, as to the portion subcontracted, to comply with all terms and condit�ons as specified in tlus Agreement Notwithstanding City approval of a subcontractor, the Contractor shall remaui obhgated for full performance hereunder, and the City shall mcur no obligahon other than its obhgahons to the Contractor hereunder Any subcontracts approved by the City shall be sub�ect to and shall not extend any rights granted beyond those set forth in this Agreement to Contractor. Contractor agrees that if subcontractors are employed in the performance of tlus Agreement, Contractor and rts subcontractors are sub�ect to the requirements of the State of Waslungton, Workers' Compensation Laws SECTION 20. CONDITION OF PREMISES. The Contractor has mspected and exanuned the Premises and all facilihes and fixhues thereon and accepts the same in rts present condrtion The Contractor shall not make any alterations, changes, or addrtions to the Clubhouse or to any fixtures or equipment owned by the Crty without the wntten consent of the Director The Contractor shall not commrt, permit, or allow any nuisance, waste, or m�ury m, upon, or to the golf course, or to permrt the use of the golf course for any illegal or immoral purpose SECTION Z1. NOTICE. Any notice provided for under this Agreement shall be sufficient if m writing and delivered personally to the followmg addressee or deposited m the United States Mail, postage prepaid, certified mail, return receipt requested, addressed as follows, or to such other address as the receivmg party hereafter shall specify m wntmg Golf Management Agreement Page 16 of 20 City D�rector of Parks and Recreation City of Bremerton 345 6th Street, Suite 600 Bremerton, Washington 98337 Contractor SECTION 22. PAYMENTS TO VENDORS AND SUBCONTRACTORS. The Contractor shall pay timely all suppliers, lessors, and contractors providmg services, matenals or equipment for carrymg out its obligations under tlus Agreement The Contractor shall not take or faal to take any action in a manner that causes the City or any matenals that the Contractor provides hereunder to be sub�ect to any claim or lien of any person without the Crty's pnor wntten consent SECTION 23. BUSINESS LICENSE. Contractor shall obtam a City of Bremerton busmess license as required by Chapter 5 02 of the Bremerton City Code pnor to beguuung work under this Agreement SECTION 24. CONFIDENTIALITY OF RECORDS. The City will, to the extent allowed by law, keep all of Contractor's and subcontractor's financial cost mformation confidential, unless required to disclose the information as a result of the Washuigton Pubhc Records Disclosure law, Ch 42 56 RCW or by court order SECTION 25. PRIOR CONTRACT EXTENSIONS SUPERSEDED AND TERMINATED. The pnor agreement between the Crty and Contractor for these services had an expuahon date of December 31, 2006 whtch has twice been extended pending negohahon of tlus agreement The extensions were executed wrth the understandmg that new terms may be negotiated for a new agreement begmmng with the yeaz 2007 Accordmgly, tlus Agreement supersedes the terms and condrtions of the fourth amendment extenduig the 2006 agreement executed on January 18, 200? and the fifth amendment extending the 2006 agreement executed on or about Apn12, 2007 to the extent tlus Agreement is mconsistent wrth the pnor agreement and amendments and upon execuhon of this Agreement, said agreement and amendments shall termmate SECTION 26. OTHER A. Costs and Attorney Fees: If, by reason of any default or breach on the part of either party in the performance of any of the provisions of this Agreement, a legal action is mstituted, the losmg party agrees to pay all reasonable costs and attorney fees m connection therewith It is agreed that the venue of any legal action brought under the terms of this Agreement shall be in Kitsap County Golf Management Agreenient Page 17 of 20 B. Construction. This Agreement shall be construed in accordance with the laws of the State of Washington The provisions of this Agreement have been negotiated by the parties, and when inteipretmg the provisions of this Agreement, there shall be no presumption of draftsmanship for or agamst either party C. Severa6ility. The invalidity or unenforceab�lity of any provision hereof shall in no way affect the validity or enforceability of any other provision D. Waiver. Failwe to insist upon stnct compliance with any terms, covenants or conditions of tlus Agreement shall not be deemed a wa�ver of such, nor shall any waiver or relinquishment of such nght or power at any tune be taken to be a waiver of any other breach The City and the Contractor shall not be deemed to have waived any breach of ttus Agreement by the other party except by an express warver in wnting An express wntten waiver as to one breach shall not be deemed a waiver of any other breach not expressly idenhfied, even though the other breach is of the sazne nature as that wa�ved E. Amendmen� The City and the Contractor may amend tlus Agreement at any time only by wntten amendment executed by the City a.nd the Contractor The City and the Contractor agree that this Agreement shall be amended at any tune if, m the opuuon of bond counsel to the City, such amendment is necessary to preserve the tax exempt status of interest on obhgahons of the City issued to finance the Golf Club F. Entire Agreement. T1us Agreement contalns the entue agreement between the parhes with regazds to the sub�ect matter set forth herem There aze no other representations wrth regards to the sub�ect matter, either orally or m wnhng From January 1, 2007 unhl execution of this agreement, tlus agreement supersedes the pnor agreement between the Crty and Contractor for these services wluch had an expuation date of December 31, 2006 and wluch has twice been extended by amendments on January 18, 2007 and on or about Apn12, 2007 pendmg negotiat�on of a new agreement Upon and follov�nng the execurion of tlus Agreement, this agreement will replace the pnor agreement m its enhrety G. Nondiscrimmation. Contractor shall not discnmuiate m employment or sernces to the pubhc on the basis of race, color, nahonal ongm, sex, religion, age, mantal status, physical, mental or sensory disability except m an employment act�on based on a bona fide occupahonal quahfication H. Liens. The Contractor agrees that it shall pay, or cause to be paid, all costs and expenses for work done and matenals delivered to the Premises and shall keep the Premises free and clear of all liens for work performed thereon I. Remedies. Rights under this Agreement are cumulative, the failure to exercise on any occasion any nght shall not operate to forfeit such nght on another occasion The use of one remedy shall not be taken to exclude or waive the nght to use another Golf Manageme�:t Agreement Page 18 of 20 J. Washington law and Forum. This Agreement shall be construed according to the law of the State of Washmgton Any litigation between the City and the Contractor ansmg under this Agreement or out of work performed under this Agreement shall occur, if in the state courts, in the Kitsap County Court havmg �unsdiction thereof, and if �n the federal courts, in the United States Distnct Court for the Western Dtstnct of Washington CI B N SCO T ALEXANDER'S GOLF SHOP, INC. � CARY BOZEMAN, Mayor By S OTT ALEXANDER Its ��' � �''l DATE �" �� DATE Q IL o7 By DARYL M T ENY Its DATE � I���D� ATTEST Paula Johnston, City Cler APPROVED AS TO FORM R BR L OVICH, City Attorne � Golf Managenient Agreen:e�:t Page 19 of 20 EXHIBIT A Pro Shoa Moveable Furmshin�s 1 Slotwall 2 Dnver Racks 3 Putter Racks 6 Clothes Racks 2 Full Set Racks 1 4-Set Rack 1 Neshng Table 1 TV 1 Hat Rack 1 Range Picker 1 Range Dispenser 1 Washer and Dryer 1 Range Cart 1 Janrtonal Supplies 1 Laminator 2 Fax Machines 4 Tables for Golf Balls Christmas and other seasonal decorations Cones for Shotgun Starts 9 File Cabinets 1 Fire Prt and Chau�s R\Legal�L,egal�Files\Current Achve Files\Gold Mounta�n\Golf Management Agreement - FINAL doc Golf Management Agreement Page 20 of 20 / � AMENDMENT TO FOOD AND BEVERAGE AGREEMENT WHEREAS, on September 13, 2007, the C�ty of Bremerton, a municipal corporation of the State of Wash�ngton, "City" and Scott Alexander's Golf Shop, Inc., a Washington corporation, "Contractor" entered into and Agreement to provide professional restaurant and other food and beverage management and serv�ces at the C�ty of Bremerton Gold Mountam Golf Club with a termmation date of December 31, 2009, and WHEREAS, on December 29, 2009, the City of Bremerton, a mumc�pat corporation of the State of Washmgton, "City" and Scott Alexander's Golf Shop, Inc., a Washmgton corporation, "Contractor" entered mto an Amendment to the Agreement to provide profess�onal restaurant and other food and beverage management and services at the C�ty of Bremerton Gold Mountam Golf Club extending the term of the Agreement through December 3 l, 2010, and WHEREAS, the part�es des�re to amend the Agreement to extend the term through March 31, 2011, NOW THEREFORE, for mutual considerat�on, City and Contractor agree as follows Section 3 of the Agreement entrtled "TERM" �s hereby amended to extend the termmation date of the Food and Beverage Agreement to March 31, 2011 All other terms of the Agreement not specifically amended herem shall remain m full force and effect CITY OF BREMERTON SCOTT ALEXANDER'S GOLF SHOP, INC , Mayor By SCOTT ALEXANDER Its DATE DATE By DARYL MATHENY [ts DATE ATTEST Carol Etgen, City Clerk APPROVED AS TO FORM ROGER LUBOV[CH, City Attorney R\Legal\Legal\Files\Current Actrve Files\Gold Mountam\Food and f3everage Agreement Amendment (2010) doc Amendment to Food and Beverage Agreemenl � ,��vn�rrr To FOOD AND BEVERAGE AGREEMENT WHEREAS, on September 13. 200�, the City ot Bremertoq a mun�cipal corporetion of the State of Washmgton, "City" and Scott Alc,�ader's GoU 36op, Iae.. a Washington corporation, "Contractor" enterEd mto and Agreement to provide professional restaurant and other food and beverage mansgement and services at the City of Bremerton Gold Mounta�n Goif Club; and WHEREAS, the term of the Food and Beverago Agreement commenced on January 1, 2007 and shall terminate on December 31, 2009; and WHEREAS, the p�rties desire to amend the Agreement to extend tha term through December 31, 2010; NOW THEREFORE, for mutual considerahon, C�ty and Contractor ag�ee as follows: i) 3ecNon 3 of the Agreement entitled "1'ERM" is hereby amended to extend the termmat�on date of the Food and Beverage Agreement to December 31, 2010. 2) Secdon 7 of the Agreement entitled KCOMPENSATION" is hereby amended to read as follows• A. Contractor shaU com n�sate Ci�y for use of the Premises for food and beverage be ee�pensete��eF-services as follows. � � . . . 1. Comoensatlon. Contractor shall �y Ciri the sum of six rcent °Yo) of revenuess�eived from all food and beveraas sales. net of sales tax. �n excess of on mlllion dollcrrs ($1.000.000.001. 2. Flnal reconciliaHon. Final reconc�l�ahon and payment for each year will be made by January 31" of the following year. 6�. Restanrant Ctosare — For Condldoas and Repair. The restaurant shall remain open uniess the golf courses and related fac�lities are closed pursuant to Sect�on 7(D) and (E) of the Golf Management Agreement or the Clubhouse �s closed as a result of causes beyond the control, fault, or negligence of the parties. Such causes may mclude, without limitat�on, acts of God or publ�c enemy; acts � of the federal, state, or local govemments, fires, floods; epidemics, volcamc eruptions, quarantme A�rendaunt b Food and BtNaogeAgntna�rt restrictions, stnkes; freight embargces, court orders; and unusually severo weather or other cond�t�on that � causes all or a portion of the Golf Club fac�l�ties to be closed fo� extended periods of t�me. Should e�ther the City or the Contractor fa�l to perform because of a cause descnbed in th�s subsection, tho City and the Contractor shall make a mutually acceptable rev�s�on in the SCOPE OF SERVICES and COMPENSATIOId provided for in th�s Contract, including termination of the Agc++eement if the Prem�ses �s deemed unusable by the C�ty as a resutt of ma�or damage or destructton and the City elects not W rebuild the same In the event that C�ty determines that it is necessary to close all or a portion of the Clubhouse due to regular maintenance, repair, capital improvements, mclement weather, or s�mitar condit�on, the C�ty shall coocdmate such closing with the Contractor prior to actual closmg. Contractor shall comply with the Director's decision to close all or pact of the Clubhouse at no cost to the C�ty In the event of closure of all or a portion of the Prem�ses as set forth in th�s subsechon, Contractor shall not be entitled to any compensation pursuant to this section, Sechon 7, whether fixed fee or percentago fee, howevec, when feasible, the City and Contractor shall revise the SCOPE OF SERVICES and COMPENSATION as noted above for part�al closure of the Prem�ses, unless this agreement is terminated pursuant to Sect�on 14 (�. Tha C�ty shall incur no I�ab�lity to Contractor for lost revenue or other add�hona! compensation as a result of any closur8 of al! or a portion of the Prem�ses as set forth m this subsection Ail other terms of the Agreement not specifically amended here�n shap remain in fuq force and effect � CTTY OF BREMERTON SCOTT ALEXANDER'S GOLF SHOP, INC. � � � •--- Mayor By: SCOTT ALEXANDER Its• DATE• ____L DATE• ' By ARYL MA Its: DATE O % ATTEST Caroi Etgen, �ty C erk APP TO FORM R ER LUBOVICH, City Atto _. � R U.egallLegallFdeslCurtent Aouve Fl1a�Gold Mountein�Food end Beverege Agroen�ent Amendmmt (2009) doo An�dnanl to Food and BevtrogtAgretnte�t ,� � , ,�,,= �, � , , � � � _�. , �� �,��,. � � FOOD AND BEVERAGE AGREEMENT THIS AGREEMENT made and entered into on the date fully executed by and between the CITY OF BREMERTON, a mumcipal corporation of the State of Waslungton, heremafter referred to as "City," and SCOTT ALEXANDER'S GOLF SHOP, INC., a Washmgton Corporation, heremafter referred to as "Contractor," to provide professional restaurant and other food and beverage management and services pursuant to tlus Agreement, at the City of Bremerton Gold Mounta�n Golf Club WHEREAS, the City is the owner of Gold Mountaui Golf Club, wluch ownerslup includes the land upon wluch sa�d golf complex is located, the buildings and other improvements wtuch aze a part thereof, and WHEREAS, the Gold Mountasn Golf Club consists of two 18 hole golf courses, the Olympic and the Cascade course, ("Golf Courses" or "Courses'�, a dnvmg range, and the clubhouse contauung a Pro Shop, restaurant, meetmg rooms and the Olympic room, ("Clubhouse") and other related facihties and structures, collechvely also referred to herem as ("Golf Club'� WHEREAS, the Crty previously entered mto an agreement wrth Scott Alexander and Daryl Matheny, Contractor's principals ("Prmcipals"), for food, beverage, and golf management and related services at the Gold Mountain Golf Club, mcludmg, but not hriuted to, food and ' beverage service, management of the Cascade and Olympic golf courses and dnvmg range, and for providuig Professional Golf Associahon ("PGA'� professional golf services and lessons to the facihty, and WHEREAS, the agreement between the Crty and Contractor for these services expued December 31, 2006 which has twice been extended by amendments to said agreement pendmg negohation of a new agreement, and WHEREAS, the extensions were executed with the understanding that new terms may be negotiated for a new agreement beginiung wrth the year 2007, and WHEREAS, the City desues to enter into a new agreement with Contractor for food and beverage services enhtled "Food and Beverage Agreement" with terms effechve January 1, 2007 and superseding the terms of the extended agreement, and WHEREAS, the Parhes hereto have sunultaneously executed a sepazate agreement entitled "Golf Management Agreement" relahng to the management of the Cascade and Olympic golf courses and dnving range and Pro Shop and for providmg professional golf services and lessons to the Gold Mountain Golf Club, and WHEREAS, the Parties hereto have also simultaneously executed a document entitled `,.,� "Lease Agreement" relatmg to the lease to the Contractor of a certam portion of the Gold Food dc Beverage Agreement Page 1 of 16 � Mountain Golf Club ("Lease'� for operation of a Pro Shop, dnving range and Conhactor's pnvate cart rental busmess, NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows SECTION 1. PURPOSE AND ADMINISTRATION. A. The purpose of tlus Agreement is to estabhsh a management servtces agreement whereby contractor will provide food and beverage management and related services at City- owned golf facilihes This Agreement is not a lease, nor does rt create a leasehold mterest other than similar property interest in Contractor to the City facihties B. Contractor will be responsible for performmg all work and/or sernces descnbed herem The Contractor's performance will be moxutored and reviewed by the City of Bremerton Duector of Parks and Recreahon, or tus or her designee, (heremafter "Duector") Contractor shall report directly to the Duector Reports and data requued to be provided by the Contractor shall be dehvered to the Director Queshons of the Contractor regardmg interpretahon of the terms, provisions and requuements of tlus Agreement shall be addressed to the Duector for response SECTION 2. PRIEMISES. The facihhes of the Golf Club to be provided food and beverage � sernces by the Contractor pursuant to ttus agreement mclude the Golf Courses and the Clubhouse and related facihties, heremafter ("Prexnises") SECTION 3. TERM. Pursuant to 1RS Revenue Procedure 97-13, the term of this Agreement shall be three (3) yeazs commencmg on January 1, 2007 ("Commencement Date'� and shall ternunate on December 31, 2009, unless termmated earlier m accordance with Sechon 14 SECTION 4. SCOPE OF SERVICES. A. General Services. 1. The Contractor's responsibilrties include providuig food and beverage service on the Premises mcludmg cart service on the Golf Courses and restaurant service m the Clubhouse Unless othervv�se noted, food and beverage sernce mcludes the restaurant and all other food and beverage sales and sernce at the Golf Club B. Spec�fic Services. In providmg the general services descnbed above, Contractor shall provide not less than the followmg specific services 1. Restaurant, Food and Beverage Service. a The Contractor will be responsible, and assume all costs and expenses, for the operation, management, and supervision of all food and beverage service operations on the Premises as proposed by Contractor and approved by City, including but not lunited to, restaurant, vending machmes and providing catenng for special events at the Golf � Club Contractor shall be responsible for the furiushuig of adequate stock of food and beverage supplies at its cost and expense Food & Beverage Agreement Page 2 of 16 �r 1 b The Contractor shall be responsible for tunng, tra�nmg and managmg sufficient employees to adequately staff the restaurant and lounge Contractor shall provide high cal�ber qualrty staffproperly certified and permitted to provide food and alcohol sernce as requued by state law c The Contractor shall apply and prepare the application and shall assume responsibihty for all costs and expenses of the apphcahon for an applicable liquor license The Contractor shall abide by state requuements regardmg use of alcohol at the Golf Club The City shall execute any reasonable, appropnate documents as owner of the Golf Club that may be reqwred m con�unction wrth such apphcahon d The Contractor sha11 be responsible for obtauung all necessary licenses and permits for the operahon of a restaurant and lounge 2. Restaurant Managemen� a The Contractor shall manage the restaurant and lounge at the Clubhouse for the City The City shall provide the furniture, fixtures and equipment ("FF&E") currently located m the Clubhouse, provided, that the Contractor is providing, and will replace as needed, the FF&E listed m Exhibit A attached hereto and by reference mcorporated herem b The Contractor shall provide mauitenance and repair sernces for all lutchen apphances and fixhues, restaurant furniture, all FF&E witlun the restaurant, Contractor owned tools and equipment, and all Contractor leased equipment Replacement of City owned eqwpment shall be m the sole discretion of the Crty and the City shall arrange for equipment replacement in accordance with available fundmg c Contractor shall provide adequate nohce and signage at all pomts of entry to the restaurant as well as the front entrance to the Clubhouse designahng that the .� restaurant is open or closed for busmess Contractor shall adequately staff and provide prompt service for customers to the restaurant 3. Attend Meetings. Contractor agrees to be available to attend regulaz and special meehngs of the Golf Complex Boazd, Parks and Recreahon Commission and City Council, and shall be prepazed to discuss issues and ideas of mterest to the Contractor and Crty C. Pricing of Services. 1. Food and beverage menus and pnces shall be approved by the Duector SECTION 5. OTHER DUTIES AND RESPONSIBILITIES. A. Personnel. The Contractor shall provide competent personnel necessary for such operahons and shall trau� and supervise them in theu work and shall pay them for theu services at the Contractor's sole cost and expense Contractor shall supervise, direct and tram staff to perform duties and meet requirements for sales and services wluch are, m the opiruon of the Crty and Contractor, necessary Contractor shall provide an on-going staff traimrig program wrth emphasts on customer traimng B. Credit Rating. Contractor shall mamtam a good credit ratmg in all commercial transactions so as not to discredit the reputahon or name of the City of Bremerton � Food & Beverage Agreement Page3of16 � C. Quarterly Review. Contractor and City shall meet on a quarterly schedule, or as otherwise as mutually agreed, to evaluate operahons at the Golf Club and the performance of the parties pursuant to this agreement and to make mutually agreeable changes SECTION 6. OPERATING POLICIES AND PROCEDURES. The Contractor will A. Operate the restaurant pursuant to the rules and regulahons estabhshed by the Crty Council and the Duector B. Expel unruly persons or those under the uifluence of intoxicants from the Premises under Contractor's control C. Not foster nor pernut any illegal activity within the restaurant under Contractor's control D. Answer and handle all complaznts and shall supernse a public relahons program In dealing v�nth the pubhc, Contractor will not speak toward Crty pohcies or decisions in a derogatory manner Contractor shall explain and support city pohcies to staff and the golfing pubhc E. Not use the Premises for ancillary, revenue-producmg activities or social activities, unless expressly authonzed by the City The parhes acknowledge that Contractor � conducts certain pnvate busmess operahons pursuant to the Lease executed wrth the City for operation of a Pro Shop, dnvu�g range and Contractor's pnvate cart rental busmess and further that Contractor subcontracts lessons at the Golf Club F Provide service to meet pubuc demand and shall keep the restaurant open each day that the golf courses are open for play, and at other reasonable hours as prescnbed by the Crty, except Thanksgivmg and Chnstrnas, at Contractors ophon, days the Greens Supenntendent closes the course due to mclement weather and except when closed as set forth in Section 7(C) SECTION 7. COMPENSATION. A. Contractor shall be compensated for sernces as follows 1. Food and Beverage Sales a F�xed Fee. Contractor shall be paid the annual sum of one million dollars ($1,000,000 00) The compensation shall be paid m weekly installments Each weekly payment will be m an amount equal to the gross food and beverage revenue, net of sales tax for the week, unhl gross revenues, net of sales tax, reach one mrll:on dollars ($1,000,000 00) b Percentage Fee. In addition, throughout the term of ttus contract, Contractor shall be patd runety four percent (94%) of revenues received &om all food and beverage sales, net of sales tax, m excess of one mzllton dollars ($1,000,000 00) but m no event shall this percentage fee exceed the fixed fee in any given year set forth in Sechon 7(A)(1)(a) � above Food & Beverage Agreement Page 4 of 16 2. Final reconciliation. Final reconciliation and payment for each year will �. be made by January 31 st of the followmg year B. Withholding of Payments to Contractor In the event the Contractor is 60 days or later in payment of lease payments associated with the Lease, City may withhold and apply all monies due to Contractor from Crty under tlus Agreement to offset any such amounts due to City from Contractor under said Lease C. Restaurant Closure — For Conditions and Repair. The restaurant shall remam open unless the golf courses and related facilihes aze closed pursuant to Sechon 7(D) and (E) of the Golf Management Agreement or the Clubhouse is closed as a result of causes beyond the control, fault, or neghgence of the parties Such causes may mclude, wrthout lumtation, acts of God or pubhc enemy, acts of the federal, state, or local govemments, fires, floods, epidemics, volcazuc eruptions, quarantme restnchons, stnkes, freight embargoes, court orders, and unusually severe weather or other condrtion that causes all or a porhon of the Golf Club facihties to be closed for extended penods of hme Should either the City or the Contractor fa�l to perform because of a cause descnbed m tlus subsechon, the Crty and the Contractor shall make a mutually acceptable revision in the SCOPE OF SERVICES and COMPENSATION provided for in tlus Contract, mcludmg terminahon of the Agreement if the Premises is deemed unusable by the City as a result of ma�or damage or destruchon and the City elects not to rebuild the same In the event that Crty determmes that rt is necessary to close all or a porhon of the Clubhouse due to regular mamtenance, repair, caprtal unprovements, mclement weather, or � similaz condzhon, the City shall coordmate such closmg wrth the Contractor pnor to actual closmg Contractor shall comply wrth the Duector's decision to close all or part of the Clubhouse at no cost to the Crty In the event of closure of all or a portion of the Premises as set forth m tlus subsection, Contractor shall not be entrtled to any compensahon pursuant to tlus sechon, Sechon 7, whether fixed fee or percentage fee, however, when feasible, the Crty and Contractor shall revise the SCOPE OF SERVICES and COMPENSATION as noted above for parhal closure of the Premises, unless this agreement is ternunated pursuant to Sechon 14 (� The Crty shall incur no habihty to Contractor for lost revenue or other addihonal compensation as a result of any closure of all or a pomon of the Premises as set forth m tlus subsechon SECTION 8. CITY RESPONSIBILITIES - UTII.ITIES. All electnc power, water, sewer, gas/propane, street utihty, garbage and telephone service related to tlus agreement shall be paid by the City If upon review the City determmes that achon is needed to address excessive consumphon, Contractor will promptly respond and take appropnate action to remedy the excessive consumption Each party shall pay mtemet and web page costs and expenses related to theu duhes and responsibilities under tlus Agreement, unless otherwise agreed SECTION 9. CAPITAL IMPROVEMENTS AND FIXTURES. Contractor shall not make any alterations, add�tions or improvements in the Gold Mountun Golf Club, including the restaurant, without first obta�mng the consent of City m wntmg, wtuch consent can be withheld � at City's sole discretion All alterations, addttions and unprovements, shall be at the sole cost Food & Beverage Agreement Page5of16 � and expense of Contractor, and shall rema�n in and be surrendered with the Clubhouse as a part thereof at the temnnahon of tlus Agreement except for those improvements and fixtures supplied by the Contractor wluch at the time of this Agreement aze idenhfied on the attached Exhibit A If Contractor performs work with the consent of City, as provided above, Contractor agrees to comply v�nth all laws, ordinances, rules and regulahons of the Crty and any other authonzed pubhc authonty Contractor further agrees that workmanstup will be of a reasonable commercial qual�ty, m color schemes w accordance with current builduig, standazds, and &ee of inechazucs liens Contractor further agrees to save Crty free and harmless from daznage, loss or expense ansmg out of such work SECTION 10. COLLECTION OF FEES, FINANCIAL REPORTING, AUDITING AND TAXES. Pursuant to the Golf Club Revenue Bond resolut�ons, the Crty urevocably pledged gross revenues from the Golf Club as secunty for bond repayment Therefore, all gross revenues from any source shall first be deposited m the City's bank account and disbursed pursuant to ttus Agreement A. Point of Sale System. City shall be responsible for purchasmg, sethng up and mauitauung a point of sale system through wtuch all transachons at the Golf Club will be processed 1. City's Responsibilities. The City shall provide a castuenng system for use by the Contractor Crty shall provide uutial trauung on the operahons of the caslvenng system All subsequent trauvng of Contractor's staff shall be the responsibility of the � Contractor The City shall also be responsible for maintenance of network, wuYng, softwaze, and eqwpment The City will provide repau� parts as needed for eqwpment 2. Contractor's Responsibilities. Contractor sha11 be responsible for any addrtional hazdware, user licenses, and soflware that Contractor chooses to install The Contractor shall also be responsible for operahng supplies such as receipt paper, toner, and labels Contractor shall provide addrtional formal training for Contractor's employees after uutial traimng sessions have been performed by the City New casluer employees and office managers must have swtable knowledge of the Golf casluenng system m order to perform theu duhes m an efficient and accurate manner This trauung may be provided by Contractor personnel 3. Modificat�ons. Any other changes, addihons, or modifications apphcable to the City owned caslueruig system would need mutual agreement as to payment responsibility B. Receipting. Contractor and/or subcontractor shall collect for, and on behalf of, the City all gross revenue, mcludmg but not lunited to food and beverage sales, non-sufficient fund check return fees, and all other fees at the Golf Club in stnct accordance with the schedule of fees established by the Crty, unless other mstructions are given in wnhng to the Contractor Netting of transactions is prolubrted All revenue collected &om transact�ons under tlus agreement must be processed through the Point of Sale System and deposrted as provided m subsection 10(C) All food sernce gross revenue, mcludmg &om tournaments, group functions and special package offenngs, must be recorded, collected, and deposrted m a manner wluch will dispense a dated receipt to be given to each customer � Food & Beverage Agreement Page 6 of 16 � C. Deposits. All deposrts must be prepazed in a tunely manner defined as %z hour ahead of scheduled pick-up and composihon of deposit shall remain mtact and a clear audit tra�l mamtamed The City will provide and pay for couner service Any delays causing addrtional "premise charges" will be pa�d by Contractor All deposits will be made into a single account establ�shed for the Golf Club Settlements and appropnate disbursements v�nll be made from tlus account Contractor shall be responsible for any loss or theft of City funds wlule the same are in its possession or control Contractor shall provide City wrth a fidehty bond and a performance bond as requued in tlus Agreement Contractor and any subcontractor shall comply with accounhng procedures as may be requued by the City to comply with state laws, regulations and audit review reqwrements D. Reports. Contractor shall provide to the City daily reports of food and beverage sales acnvrty and receipts m a format to be provided by the Duector and Finance Officer, and shall structure theu accounhng system m a method sahsfactory and acceptable to the Crty The reports will be forwarded to the Director and must be received by the 2nd business day followmg the day of achvrty, excludmg Fndays, Saturdays and Sundays wluch will be due on Tuesdays The reports must agree wrth the corresponduig deposrt for the day In addihon, the Contractor shall subrYUt a copy of rts previous year's operahng statement by Mazch 31 to demonstrate Contractor's financial abihty to maintun operations under ttus Agreement E. Aatdits. All revenue and fees collected at the Golf Club are City revenues and sub�ect to audit by the State Audrtor, City Internal Auditor, or City lured Cerhfied Public Accountants Contractor shall pernut the City, from tune to t�me as the City deems necessary, � through its designated representahves, to inspect and audit m Bremerton, Waslungton, at any reasonable tune, all pertment books and records of Contractor and any other person or enhty that has performed work � connechon wrth or related to Contractor's sernces under tlus Agreement to venfy the accuracy of accounhng records and shall supply the Crty with, or shall pernut the City to make a copy of any books and records and any portion thereof, upon the City's request Contractor shall ensure that such inspechon, audit and copyuig nght of the Crty is a condit�on of any contract, agreement or other arrangement under wluch any other person or entaty is pernutted to perform work m connection with or related to Contractor's services under tlus Agreement The Contractor shall take immedzate correchve achon on all pnor, current or future mtemal control weaknesses as directed by the Crty � F. Taxes. Pursuant to the C�ty's bond resolutions on the Golf Club facihhes, the Contractor will remrt to the City all gross revenues collected Sales tax from Contractor's achvihes remitted to the City will be held by the City and will be returned to the Contractor weekly or as otherwise agreed City shall retam and remrt sales taxes on revenues &om food and beverage sales As an independent contractor, the Contractor acknowledges that it is responsible for payment of any local, state, state busmess and occupahon tax, or federal taxes or fees wrth respect to the Contractor's business, mcludmg sales tax, for its activities The Contractor shall pay any and all apphcable taxes when due G. Credit Card Costs and Fees. Contractor shall be responsible for all credrt card costs and related fees incurred for food and beverage service pursuant to this agreement � Food & Beverage Agreement Page 7 of 16 SECTION 11. MAINTENANCE OF RECORDS. The Contractor shall keep and ma�ntaui on _� a current basis all books and records, includmg the operatmg accounts, to support rts management and operahons of the Premises under tlus Agreement The City or its authonzed representative shall have the authonty to uispect, audit, and copy, upon reasonable notice and from time to tune, any records of the Contractor regarding rts billings, payments or work under tlus Agreement Contractor shall retam these records for uispecnon, audit, and copying for at least three (3) years from the date of completion or temunahon of tlus Agreement, or as otherwise requued by the Waslungton Secretary of State General Records Retenhon Schedule for all Local Govemment Agencies in Waslungton State Contractor shall, at all tunes, provide the City with all records for the pnor three (3) years that relate to the financial matters of the facilrties managed by Contractor under tlus Agreement SECTION 12. AUDIT OF PAYMENTS. The Crty, either directly or through a designated representat�ve, may audrt the records of the Contractor at any tune dunng the three (3) year penod estabhshed by Sechon 11, MAINTENANCE OF RECORDS If an audrt discloses that payments to the Contractor under Section 7, COMPENSATION, were in excess of the amount to wluch the Contractor was entitled, or that the payments to the City were less than the amount to wtuch the Crty was entitled, then Contractor shall repay the amount of the excess or deficiency to the City If an audit discloses that payments to the City under Section 7, COMPENSATION, were m excess of the amount to wluch the Crty was entitled, or that payments to the Contractor were less thaa the amount to wluch the Contractor was enhtled, then the City shall repay the amount of the excess or deficiency to the Contractor ,,,,� SECTION 13. ASSIGNMENT. Contractor shall not erther voluntanly or by operat�on of law assign, transfer, mortgage, pledge, hypothecate, or encumber this contract or any interest therein and shall not subcontract the obhgahons under this Agreement, or any part thereof, or allow any person (employees, agents, servants, and mvrtees of Contractor excepted) to use the Golf Club Facilrties, or any portion thereof, wrthout the pnor wntten consent of the City Any such assignment, subcontrachng or use v�nthout comphance wrth the terms of this paragraph shall be void and shall conshtute a default under the terms of tlus Contract If Contractor is a corporation, any transfer of tlus Contract from Contractor by merger, consohdahon, or hquidahon, or any change m the ownerslup or power to vote in a ma�onty of the outstanduig votmg stock of Contractor shall conshtute an assignment for purposes of tlus paragraph Any consent to one assignment, subcontrachng, or use by any other person shall not be deemed to be a consent to any subsequent assignment, subcontrachng, or use by another person Consent to any such assignment, subcontractmg or use shall w no way reheve Contractor of any Labihty under tlus Agreement Assignment by Contractor to a financial mshtuhon holdmg a secunty mterest in tlus Agreement shall not be considered to be a violat�on of the consent reqturements of tlus Agreement Consent for any subsequent assignments by said financial mstitution will not be unreasonably withheld, however, any assignee must have expenence and be knowledgeable in golf and food and beverage operat�ons SECTION 14. TERMINATION. This Contract will temunate upon the happemng of any of the follow�ng events � A Upon its normal termination if not renewed Food & Beverage Agreement Page8of16 J B. Upon ternunation of the Lease and/or Golf Management Agreement C. Upon the death of both of Contractor's Pnnc�pals D. By mutual wntten agreement E. Breach of this Agreement as set forth in Section 15 below F. Ma�or damage or destruchon of the golf Club property, structures or eqwpment that is the sub�ect of tlus Agreement, when the City decides not to rebuild, and that damage or destruction will prevent Contractor &om substanhally perfomnng theu obhgation under this Agreement SECTION 15. BREACH. A. In the event that either party clauns that the other is m a substantial breach of any of the provisions of tlus Contract, nohce of the breach shall be submitted to the party alleged to be in breach and the party in breach shall have thirty (30) days from receipt of the nonce witlun which to correct any achvity or conduct clatmed by the other to have conshtuted a substanhal breach of this Contract The nohce sha11 idenhfy the nature of the breach and the contract provisions violated „� B. In the event that the party m breach shall fail to correct the achvity claimed to constrtute a substantial breach of this Contract r�nt�tun thuty days of receipt of the nohce of breach, the party claiming breach may 1. Issue a norice of ternnnat�on, and/or 2. Seek �udicial remedy or specific performance, and/or 3. Pursue any other remedy available at law or equity, C. The Contractor is subJect to unmediate terminahon upon wntten nohce by City if 1. Contractor violates any fiduciary duty to the City by misappropnahng or not properly accounhng for or mishandling City funds as detemuned by the City or Waslungton State Auditor, or 2. Contractor vacates or abandons the Golf Club facihties under Contractor's responsibihty D Upon receipt of nohce of temunahon by Contractor, wluch is issued by the City, the City shall have the nght to 1. Enter and take possession of the facilities, and/or 2. Bring suit for and collect all fees and portions of gross revenue or any other morues required to be paid to the City wluch shall have accrued to the time of termmahon of the Contractor's nghts E. Upon wntten notice of terminahon by the City, Contractor will have tturty (30) � days to vacate the Prernises unless the City elects to take immediate possession as set forth m Food & Beverage Agreement Page 9 of 16 � pazagraph D above Termuiation shall be affected by sernng a Notice of Termmation by certified matl (retum receipt requested) or by personal delivery upon the Contractor setting forth the manner in which the Contractor is m default F. Nerther the City nor the Contractor shall have breached ttus Contract by reason of the closing of all or a portion of the golf course faciht�es as set forth in Section 7(C)) G. Examples of a breach by the Contractor wluch warrants termmation, if not cured, shall include but not be lirtuted to 1. Misappropnation or mishandhng of City funds 2. Contractor makes any general assignment or general arrangement for the benefit of creditors or the filmg by or agunst Contractor of a pehhon to have Contractor ad�udicated as bankrupt, or a pehhon for reorganization or arrangement under any law relatmg to bankruptcy (unless, m the case of a pehhon filed aga�nst Contractor, the same is dismissed wrthin sixty (60) days or the appointment of a trustee or a receiver to take possession of substantially all of Contractor's assets located at the Premises or of Contractor's mterest in tlus Agreement, where possession is not restored to Contractor within thuty (30) days or the attachment, execuhon, or other �udicial seizure of substanhally all of Contractor's assets located at the Prenuses or of Contractor's mterest m tlus Agreement where such seizure is not dischazged wrtlun tlurty (30) days 3. Contractor assigns all or part of its mterest m tlus Agreement wrthout pnor wntten consent of the City pursuant to Sechon 13 � 4. Nonpayment of outstandmg current liabilihes v�nthin nuiety (90) days and failure to pay Federal, 5tate, and local taxes and hcense fees when due 5. Contanwng mattenhon or neglect of dunes 6. Convichon of a felony or convict�on of a non-felony cnme of dishonesty, theft or deceit of either of the Pnncipals SECTION 16. PURCHASE OF C(SNTRACTORS MERCHANDISE. In the event the Crty takes over management of the Golf Club facihhes, after expirahon of tlus Agreement or earlier termmahon by the City, Contractor reserves the nght, if it so elects at its discretion, to have the Crty purchase the Contractor's food and beverage merchandise and moveable funushuigs idenhfied m Ezhibit A at Contractor's cost less depreciat�on mutually agreed upon If there is no agreement, tlus amount shall be estabhshed by a mutually agreed upon mdependent appraiser The City shall make payment wtthm 90 days of expuation or ternunahon, less any monies owuig to the City under the terms of tlus Agreement, the Golf Management Agreement or under the terms of the Lease The City may, at tts discret�on, replace any of the rtems m Exhibit A, m wluch case, the replaced items will belong to the City and not be sub�ect to purchase by the City as provided herem SECTION 17. INDEPENDENT CONTRACTOR A. The Contractor is engaged as an mdependent contractor and will be responsible for any federal, state, and local taxes and fees applicable to payments hereunder � Food & Beverage Agreement Page 10 of 16 B. The Contractor, its subcontractors, and theu employees, aze not employees of the � City and are not eligible for any benefits through the City, includmg r�nthout hmrtation federal social secunty, health benefits, workers' compensahon, unemployment compensation, and retuement benefits C. The parhes agree and acknowledge that the Contractor is an independent contractor and not the agent or employee of the Crty of Bremerton, and that no liability shall attach to the City as a result of the acts or orrussions of the Contractor, rts agents or employees D. The Contractor shall be responsible for withholding and pa}►ing all payroll taxes for any person hued by them to perform the duhes they are reqtured to perform under the terms of this Agreement They are also responsible for all taxes owed to any governmental agency as a result of the monies paid to them under the tenns of tlus Agreement SECTION 18. INDENINIFICATION, INSURANCE, BOND. A. Indemnificatton. 1. Contractor agrees to defend, mdemmfy and save harmless the Crty, its appomted and elected officers, employees and volunteers, from and agauist any and all liabilrty, loss, cost, damage and expenses, mcluding costs and attomey fees in defense thereof because of achons, claims or lawsuits for damages resulhng from personal or bodily in�ury, mcluding death at any tune resulhng there from, sustauied or alleged to have been sustained by any person or � persons and on account of damage to property, ansing or alleged to have ansen duectly or indirectly out of or m consequence of or the performance of tlus Agreement, whether such m�unes to persons or damage to property is due to the willful or neghgent acts or onussions of Contractor, theu subcontractors or agents Tlus provision shall be mapphcable to the extent the City is �udicially found solely negligent for such damage or m�ury 2. Should a court of competent �unsdichon determine that tlus Agreement is sub�ect to RCW 4 24 115, then, m the event of hability for damages ansmg out of bodily in�ury to persons or damages to property caused by or resulhng from the concurrent negligence of the Contractor and the City, its officers, officials, employees and volunteers, the Contractor's liabihty hereunder shall be only to the extent of the Contractor's neghgence B. Insurance Requirements. 1. The Contractor shall procure and mauitatn for the durahon of ttus Agreement, msurance agunst clauns for in�unes to persons or damage to property which may anse from, or m connection wrth, the performance of the work hereunder by the Contractor, its agents, representatives, employees or subcontractors 2. The Contractor shall provide a Certif cate of Insurance evidencing a Automobile Liability Insurance with no less than $1,000,000 combmed single limit per accident for bodily inJury and property damage, and b Commercial General Lcabtltty Insurance vcmtten on an occurrence bases with limrts no less than $1,000,000 combmed single limrt per occurrence and $2,000,000 aggregate for personal in�ury, bodily in�ury, and property damage Coverage shall mclude but � not be limited to blanket contractual, products/completed operahons, broad form property damage, liquor hability, and employer's liabil�ty Food 8c Beverage Agreement Pagellofl6 � 3. Any payment of deductible or self insured retent�on shall be the sole responsibihty of the Contractor 4. The City, includmg its officials, employees, and volunteers, shall be named as an addihonal insured on the insurance pohcy, with respect to work performed by, or on behalf of, the Contractor and a copy of the endorsement nammg the City as addrtional insured, approved by the City's Risk Manager, shall be attached to the Certtficate of Insurance 5. The Contractor's u�surance shall contam a clause statmg tYiat coverage shall apply sepazately to each insured against whom claim is made or swt is brought, except with respect to the luruts of the msurer's hability 6. The Contractor's uisurance shall be the pnmary and non-contnbuhng insurance with respect to the City's uisurance and the Crty shall be given tlurty (30) days pnor wntten nohce of any cancellahon, suspension or matenal change m coverage 7. Acceptabi�ty of Insurers. Insurance is to be placed wtth an uisurer v�nth a Bests' rahng of no less than A XIII, or with an msurer acceptable to the Crty 8. Subcontractors. Contractor s�all mclude all subcontractors as uisureds under rts policies or shall furiush separate certificates for each subcontractor All coverage for subcontractors shall be sub�ect to all of the reqwrements stated herem C. Bond. The Contractor shall conhnuously mauita,w at its expense an employee dishonesty bond coveruig collechon of fees on the Premises for the benefit of the City The bond shall be m an amount not less than SEVENTY-FNE THOUSAND AND NO/100 DOLLARS ($75,000 00) The Contractor must addrtionally provide broad form money and secunhes coverage both uiside and outside the Premises m an amount not less than FIVE THOUSAND � AND NO/100 DOLLARS ($5,000 00) D. Proof of Insurance. Proof of the above reqwrements must be provided to the City upon execuhon of ttus Agreement The pohcies required herein shall provide not less than thirty (30) days pnor wntten notice to the Crty of any cancellat�on, expuahon, modification, or reducaon m coverage or liabihty lumts SECTION 19. SUBCONTRACTING. The Contractor shall not subcontract its work under tlus Agreement, m whole or m part, without the wntten approval of the City The City reserves the nght to review and approve any subcontracts pnor to execut�on to ensure comphance v�nth the provisions of tlus Agreement The Contractor shall reqwre any approved subcontractor to agree, as to the porhon subcontracted, to comply with all terms and conditions as specified m tlus Agreement Notwithstandmg City approval of a subcontractor, the Contractor shall remam obhgated for full performance hereunder, and the City shall mcur no obligat�on other than its obhgations to the Contractor hereunder Any subcontracts approved by the Cfty shall be subject to and shaU not extend any rights granted beyond those set forth in this Agreement to Contractor. Contractor agrees that if subcontractors are employed m the performance of tlus Agreement, Contractor and its subcontractors are sub�ect to the requuements of the State of Waslungton, Workers' Compensation Laws SECTION 20. CONDITION OF PREMISES. The Contractor has mspected and examined � the Premises and all facilrties and fixtures thereon and accepts the same in its present condrtion The Contractor shall not make any alterations, changes, or additions to any fixtures or equ�pment Food & Beverage Agreement Page 12 of 16 owned by the City w�thout the wntten consent of the Director The Contractor shall not commit, �./ permit, or allow any nuisance, waste, or m�ury in, upon, or to the golf course, or to pernut the use of the golf course for any illegal or immoral purpose SECTION 21. NOTICE. Any nohce provided for under this Agreement shall be suf�icient if in wntmg and dehvered personally to the follov�nng addressee or deposited m the Umted States Mail, postage prepa�d, certified ma�l, retum receipt requested, addressed as follows, or to such other address as the receivmg party hereafter shall specify m wntu�g Crty Duector of Parks and Recreahon Crty of Bremerton 345 6th Street, Swte 600 Bremerton, Washuigton 98337 Contractor SECTION 22. PAYMENTS TO VENDORS AND SUBCONTRACTORS. The Contractor sha11 pay tunely all suppliers, lessors, and contractors providwg services, matenals or equipment for carrying out its obhgahons under tlus Agreement The Contractor shall not take or fazl to take any action in a manner that causes the City or any matenals that the Contractor provides � hereunder to be sub�ect to any claun or hen of any person without the City's pnor wntten consent SECTION 23. BUSINESS LICENSE. Contractor shall obtaui a City of Bremerton busmess license as reqtured by Chapter 5 02 of the Bremerton City Code pnor to beguunng work under tlus Agreement SECTION 24. CONFIDENTIALITY OF RECORDS. The Crty will, to the extent allowed by law, keep all of Contractor's and subcontractor's financial cost mformahon confident�al, unless reqwred to disclose the uiformahon as a result of the Waslvngton Pubhc Records Disclosure law, Ch 42 56 RCW or by court order SECTION 25. PRIOR CONTRACT EXTENSIONS SUPERSEDED AND TERMINATED. T'he pnor agreement between the City and Contractor for these services had an expuation date of December 31, 2006 which has twice been extended penduig negohahon of tlus agreement The extensions were executed with the understanding that new terms may be negohated for a new agreement begmrung wrth the yeaz 2007 Accordmgly, tlus Agreement supersedes the terms and condrtions of the fourth amendment extending the 2006 agreement executed on January 18, 2007 and the fifth amendment extending the 2006 agreement executed on or about Apnl 2, 2007 to the extent tlus Agreement is mconsistent with the pnor agreement and amendments and upon execution of ttus Agreement, said agreement and amendments shall � temunate Food 8c Beverage Agreement Page 13 of 16 � SECTION 26. OTHER A. Costs and Attorney Fees: If, by reason of any default or breach on the part of either party m the performance of any of the provisions of this Agreement, a legal achon is instrtuted, the losing party agrees to pay all reasonable costs and attomey fees in connection therewith It is agreed that the venue of any legal achon brought under the terms of tlus Agreement shall be m ICitsap County B. Construction. Ttus Agreement shall be construed in accordance wrth the laws of the State of Washington The provisions of this Agreement have been negohated by the parhes, and when mterprehng the provisions of tlus Agreement, there shall be no presumphon of draftsmanslup for or agamst either party � C. Severability. The mvalidity or unenforceability of any provision hereof shall in no way affect the vandrty or enforceabihty of any other provision D. Waiver. Failure to uisist upon stnct compliance with any terms, covenants or condihons of this Agreement shall not be deemed a waiver of such, nor shall any wasver or rehnqwshment of such nght or power at any time be taken to be a wa�ver of any other breach The City and the Contractor shall not be deemed to have waived any breach of thts Agreement by the other party except by an express wasver m wnhng An express wntten wasver as to one breach shall not be deemed a waiver of any other breach not expressly idenhfied, even though � the other breach is of the same nature as that waived E. Amendment The Crty and the Contractor may amend this Agreement at any time only by wntten amendment executed by the City and the Contractor The City and the Contractor agree that ttus Agreement shall be amended at any hme if, m the opimon of bond counsel to the City, such amendment is necessary to preserve the tax exempt status of mterest on obhgahons of the Crty issued to finance the Golf Club F. Entare Agreemen� Tlus Agreement contams the entue agreement between the parties with regazds to the sub�ect matter set forth herein There are no other representations with regazds to the sub�ect matter, either orally or in wnhng From January 1, 2007 unhl execuhon of tlus agreement, ttus agreement supersedes the pnor agreement between the Crty and Contractor for these servicgs wluch had an expiration date of December 31, 2006 and wluch has twice been extended by amendments on January 18, 2007 and on or about Apn12, 2007 pendmg negotiarion of a new agreement Upon and following the execution of ttus Agreement, tlus agreement will replace the pnor agreement in rts entirety G. Nondiscriminahon. Contractor shall not discnminate m employment or services to the pubhc on the basis of race, color, nahonal ongm, sex, religion, age, mantal status, physical, mental or sensory disability except in an employment action based on a bona fide occupational qualification _� Food & Beverage Agreement Page 14 of 16 � H. Liens. The Contractor agrees that it shall pay, or cause to be paid, all costs and expenses for work done and matenals delivered to the Premises and shall keep the Premises &ee and cleaz of all liens for work performed thereon I. Remedies. Rights under tlus Agreement are cumulahve, the fa�lure to exercise on any occasion any nght shall not operate to forfert such nght on another occasion The use of one remedy shall not be taken to exclude or wa�ve the nght to use another J. Washington law and Forum. This Agreement shall be construed accordmg to the law of the State of Waslungton Any hhgahon between the City and the Contractor ansmg under tlus Agreement or out of work performed under tlus Agreement shall occur, if m the state courts, in the Kitsap County Court havuig �unsdiction thereof, and if m the federal courts, m the Uruted States Distnct Court for the Westem Distnct of Waslungton CITY O B TON SCOTT ALEXANDER'S GOLF SHOP, INC. C ^'"' r � CARY BOZEMAN, Mayor Bg S�� �XANDER DATE � lo� - O'� DATE t'L � � � B}+� AR Its DATE g �� � � ATTEST ��� �5�� Paula Johnston, ity Clerk APPROVED AS TO FORM RO ER LUBO ICH, City Attorney R\LegalU.egal�Files\Current Acttve F�les\Gold Mounta� everage Agreement - FINAL doc .�� Food & Beverage Agreement � Page 15 of 16 � � EXHIBIT A Food and Bevera�e Moveable Furnishin�s Meat slicer Soup wazmer 1 Service baz Silverware service for 400 6 dozen Salt & pepper Glasswaze for 300 (coffee, water, champagne, wine) 2 dozen Coffee thermoses Bus tubs Table skutmg 13 4 dozen Plashc prtchers 2 Desks P O S system 3 Coat racks Dish racks Sheet pans Pot & pans Hotel pans 1VI�sc small tools Quisinart, Burr rYUxer, spats tongs � r Menu covers 8 wood highchairs Box light (proxuna) Portable Screen 8'x 10' Servmg platters lO lg Chafers (11) Banquet Plates 300 B&B plates 450 Baskets misc 15 Vacuums 3 Copier E studio 45 Fax maclune Office�et v40 2 Computers v�nth morutors and pnrrters 6 Office desks Butane burners 2 Safes Speed racks 3 P A system & speakers Cordless microphone system Pressure washer Rug shampooer Bus tray 20 � Dish machine Food & Beverage Agreement Page 16 of 16 AMENDMENT TO � LEASE AGREEMENT WHEREAS, on September 13, 2007, the C�ty of Bremerton, a mumc�pal corporat�on of the State of Wash�ngton, "Landlord" and Scott Alexander's Golf Shop, Inc , a Washmgton corporation, "Tenant" entered �nto a Lease Agreement with a terminat�on date of December 31, 2009, and WHEREAS, on December 29, 2009, the C�ty of Bremerton, a mumcipal corporat�on of the State of Wash�ngton, "Landlord" and Scott Alexander's Golf Shop, Inc , a Washington corporation, "Tenant" entered �nto an Amendment to the Lease Agreement extending the term of the Agreement through December 31, 2010, and WHEREAS, the parties des�re to amend the Agreement to extend the term through March 31, 2011, NOW THEREFORE, for mutual cons�deration, Landlord and Tenant agree as follows Section 5 of the Lease Agreement �s hereby amended to extend the termmat�on date to March 31, 2011 All other terms of the Lease Agreement not spec�fically amended here�n shall remam m full force and effect LANDLORD TENANT. CITY OF BREMERTON SCOTT ALEXANDER'S GOLF SHOP, INC , Mayor By SCOTT ALEXANDER Its DATE DATE By DARYL MATHENY Its DATE ATTEST Carol Etgen, City Clerk APPROVED AS TO FORM ROGER LUBOVICH, City Attorney R\LegalU.egal\F�les\Current Actrve Fdes\Gold Mountam\Lease Agreement Amendment (2010) doc Amendment to Lease Agreement , . � AMENDMENT TO LEASE AGREEMENT WHEREAS, on September 13, 2007, the Ctty oi Bremerton, a municipal corporation of the State of Washwgton, "Landlord" and Scott Ale:nnder's Gol! Shop, Inc.� a Waslungton corporation, "Tenant" entered into a Lease Agreement; and VVHEREAS, the tenn of the Lease Agreement commencod on September 1, 2007 and shall teaninate on December 31, 2009, and �S, the parties desue to amend the Agreemeat to actead the term through December 31, 2010; , NOW TI�EREFORE, for mutual considerahon, Landlord and Tenant agree as follows. Secdon S of the Lease Agreement ia hereby amended to extend the termuiat�on date to Docember 31, 2010 All other terms of the Lease Agreement not specifically amended herem shall remain �n fu11 force and effect LANDLORD: ��; CITY OF BREMERTON SCOTT ALEXANDER'3 GOLF SHOP, INC. � -� a QR�►��— Mayor By SCOTT ALEXANDER Its DATE DATE /( By: DARYL MA Its DATE: /� ATTE i Carol Etgen, i y C erk APPROVED AS TO FORM R ER LUBOVICH, City Attorney R U Aohve Fdes1(3old Agreement Amer�dment (2ppg) doc i Ainendnunt to Lease Agreernenl LEASE AGREEMENT � l. Date and Parties. THIS LEASE AGREEMENT (the "Lease"), �s entered �nto on the date fully executed by and between the CiTY OF BREMERTON, a munic�pal corporat�on, hereinafter referred to as "Landlord", and SCOTT ALEXANDER'S GOLF SHOP, INC., a Washington Corporation, here�nafter referred to as "Tenant". 2. General Recitals. A The Landlord owns and operates a golf complex known as the Gold Mounta�n Golf Club ("Golf Club'� Gold Mounta�n onginally had one 18-hole golf course and a clubhouse For purpose of tlus Lease, tlus 18-hole course shall be known as "Cascade Course" and this clubhouse as the "Old Clubhouse" The Dnving Range (the "Dnving Range") is located on the Old Course B In 1996 the Landlord decided to expand the Gold Mountam Golf Club by adding a new 18-hole golf course known as the Olympic Course Addihonally, the Landlord built a new clubhouse (the "Clubhouse'� in 2001 at a total cost of $3 S rrlillion The Landlord financed $3 1 million of the total cost of constructing the Clubhouse by selling bonds (the "Bonds'�, the mterest on wluch is not included m gross iacome for federal income tax purposes C The Tenant has served the Landlord as its golf professional for many years It is the desire of the Tenant and Landlord to continue tlus relationship The Tenant and � the Landlord are simultaneously, wrth the execuhon of this Lease, also entenng into an agreement for golf management and services enhtled "Golf Management Agreement" and an agreement for food and beverage sernce ent�tled "Food and Beverage Agreement" so that the Tenant will serve as the Golf Course Professional, and provide management sernces and food and beverage sernces for the Golf Club D As an inducement for Tenant to enter mto the Golf Management Agreement and the Food and Beverage Agreement, and to assure that the customers receive all of the sernces that aze customary for a golf course, the Landlord has agreed to lease the Dnvmg Range and a portion of the Clubhouse to the Tenant The portion of the Clubhouse to be leased to the Tenant is for a Golf Pro Shop E The Dnving Range is located ad�acent to the Cascade Course, neither of which mcludes improvements that were bond-financed F The Golf Pro Shop, the locahon of which is withm the Clubhouse, is pictonally illustrated m Exhiblt A attached hereto and by reference mcorporated herem The pro rata cost of construction for the Clubhouse that is attnbutable to the Golf Pm Shop is less than the Landlord's contnbution to the cost of construction denved from sources other than Bond proceeds, which contnbution was approved in the Declaration of O�cial Intent of the Landlord adopted pursuant to federal tax law pnor to the issuance of the Bonds and allocated by Landlord to area of the Clubhouse m wh�ch the Golf Pro Shop �s located Page 1 of 8 Gold Mountain Lease G Tenant has a golf cart rental busmess and desires to lease land ("Cart Pad") from the Landlord at Gold Mountam Golf Club for said busmess The area to be leased ( consists of an area of land for a total area of approx�mately 15,000 squaze feet �dentified �n Exh�bit B attached hereto and by reference incorporated herein H The purpose of this Lease is to provide for the Tenant to operate the Pro Shop and Dnving Range as well as to operate its pnvate golf cart rental business wh�le serving as the Landlord's Golf Professional under the terms of the Professional Service Agreement referenced above 3 Premises. The premises subJect to this Lease are the Dnvmg Range located at the Gold Mounta�n Golf Club, the Golf Pro Shop located in the Gold Mounta�n Clubhouse and the Cart Pad (collechvely, the "Premises") The Premises are located on the real property legally descnbed as Section 36, Townslup 24 N, Range 1 West, WM in IGtsap County, Washmgton 4 Use of Premises. A. The Golf Pro Shop may be used for all activrties normally related to the retail achvities of a golf course mcluduig, but not linuted to, retail sales of golf related merchandise, equipment rental, and golf related professional services The Dnvmg Range may be used for all activities normally related to operahng a Dnving Range, includmg, but not limited to, providing lessons and rental of balls and equipment B The Tenant shall mamtazn an adequate stock of golf related merchandise � to serve the pla}nng public C The Tenant has the exclusive nght to rent prachce balls on the Dnving Range. The Tenant shall pmvide and maintazn ball dispensing mactunes, ball retneval and waslung equipment The Tenant shall be responsible for retnevmg the balls The Landlord shall be responsible for grass related muntenance of the Dnvmg Range D The Tenant shall have the exclusive nght to salvage golf balls from all water hazazds at Gold Mountun E The Tenant shall have the nght to use the Cart Pad for the storage, mamtenance and operahon of his pnvate golf cart rental busmess F Tenant shall not use the Premises or any part thereof for any illegal purpose Tenant shall not engage m any activity with respect to or on the Premises other than the express uses and purposed shpulated therein, without obta�mng pnor wntten consent from the Landlord, which consent can be withheld for any reason Tenant agrees to conform to mumcipal, county, and state codes, statutes, ordmances, and regulations concernmg the use and occupation of the Prem�ses G The Landlord and Tenant do not intend to allow the Premises to be used �n such a manner as to cause the mterest on the Bonds to be included in gross mcome for purposes , of federal income taxation If it is determmed that any use contemplated under the terms of this Lease, the Golf Management Agreement or the Food and Beverage Agreement referenced here�n Page 2 of 8 Gold Mountain Lease would cause the bonds to be pnvate actrvity bonds, then the part�es agree, that without penalty to e�ther party, the terms of th�s Lease, the Golf Management Agreement and/or the Food and � Beverage Agreement will be modified accord�ngly so as to preserve the exclusion of the mterest on the Bonds from federal income taxation. 5 T_e_rm. The tertn of this Lease shall be thirty (30) months commenc�ng on September 1, 2007 (the "Commencement Date") and shall terminate on December 31, 2009, unless otherw�se earl�er terminated in accordance with Paragraph 13 6 Golf Management and Food and Bevera�e Aereements The Landlord and Tenant, contemporaneously with the execution of this Lease, have entered into the Golf Management Agreement and the Food and Beverage Agreement, in which the Tenant agrees to perform the sernces of the Golf Professional for the Golf Club and to operate the restaurant located within the Gold Mounta�n Clubhouse A breach of the Golf Management Agreement or the Food and Beverage Agreement shall be deemed a breach of this Lease The futhful performance of the terms of sazd agreements are part of the considerahon for entenng mto tlus Lease. 7 Ren Tenant shall be obugated to pay the following rent for the Premises: A Fize_ee, Base rent of tturty-three thousand dollars ($33,000) per year payable $4,750 on January 1, $11,750 on Apnl l, $11,750 on July 1, and $4,750 on October 1 of each year durmg the term of ttus lease ( B Percentage Fee. In addition, the Tenant shall pay as add�tional rent, six percent (6%) of the gross revenue from the Golf Club golf cart rental and eight percent (8%) of the gross revenues from dnvuig range fees. These amounts shall be paid quarterly for the preceding quarter, payable on Apnl 1 S, July 15, October 15 and January 1 S. Tenant shall provide a quarterly accountuig to the Landlord of all "gross revenues" at the same hme rt makes the quazterly payment. The Landlord reserves the nght to inspect the financial statements and records of the Tenant at any reasonable tune and may reqwre accounhng to be performed in accordance wrth Landlord audit standards. C Ca_ d. In addihon to the Fixed Fee and the Percentage Fee, Tenant shall pay $3,444 per year for the Cart Pad in quarterly payments of $861 00 on January 1, Apnl 1, July 1, and October 1 of each year dunng the term of tlus lease D Receiotine and Denositine All revenue collected from transactions generated &om the dnving range and Pro Shop must be processed through the City's Pomt of Sale System and deposited as provided in Section 10 of the Golf Management Agreement E. Credit Card Costs aad Fees. Contractor shall be responsible for all cred�t card costs and related fees incuned for Contractor's busmess pursuant to this Lease 8 'I'axes. The Tenant shall be responsible for the timely payment of all taxes assoc�ated w�th the busmesses operated under the terms of this Lease In addition, the Tenant , shall pay all leasehold taxes imposed upon the Landlord and/or the Tenant as a result of this Lease Page 3 of 8 Gold Mountain Lease 9 Util_ies. The Landlord agrees to provide and pay all charges for electncity, ( water, sewer, gas/propane, garbage, telephone, and for all other public utilities used m the Premises The Landlord shall not be responsible for failure of prov�sion of these serv�ces unless sa�d fa�lure is due to nonpayment for services Each party shall pay �nternet and web page costs and expenses related to the�r dut�es and responsib�l�ries under this Agreement, unless otherwise agreed 10 Sablet. Tenant shall not assign this Lease or sublet the whole or any portion of the Premises without first obtain�ng Landlord's vmtten consent Landlord may withhotd its consent for any reason Provided, however, the Tenant may transfer the Lease to a wholly owned corporation or limited liability company for tax purposes or thud party liability purposes However, the Tenant shall rema�n personally liable to Landlord for the fa�thful performance of all Lease terms If consent is once g�ven by Landlord to the assignment of the Lease, or any mterest therem, Landlord shall not be barred &om afterwazd refusmg to consent to any further assignment 11 Reaairs and Malntenance. The Prenuses have been uispected and aze accepted by Tenant in their present condirion, and Tenant vv�ll at all hmes keep the Premises neat, clean and in a sazutary condibon. Landlord shall ma�nta�n at its sole expense the bwlding, includmg but not limited to, the roof, foundahons, extenor walls, structural members, gutters, downspouts, concealed and underground plumbing and uhlihes of the Premises m good condihon and repau�, except that Tenant shall be responsible for repau of any damage resultin� from the negligence of Tenant, Landlord shall not be required to redecorate the Premises at any time Tenant shall be ; responsible to mamta�n at rts sole expense all the furruture, fixtures and equipment and provide general maintenance as set forth in the Golf Management Agreement and the Food and Beverage Agreement. Tenant agrees that at the expuahon of ttus Lease, Tenant will qurt and surrender the Premises m a neat and clean condihon, and will dehver all keys belonging to the Premises to Landlord The Contractor shall mauitain the counter/kiosk azea at the Dnvmg Range City shall provide landscaping services for the Dnving Range field 12 Defaul� In case of violahon of tlus Lease by Tenant, the Landlord shall nohfy Tenant w wnhng of such violahon. The Tenant shall cure any default that imposes an immediate threat to the pubhc health, safety or welfaze withw 24 houra Any default m the payment of morues due under any provision of this Lease shall be cured v�nthin 10 days All other violations shall be cured wrthin thirty (30) days followmg the delivery of said notice In the event of the fa�lure of the Tenant to remedy any default or violation of the covenants, agreements, or conditions herem conta�ned within the penod of time specified in the notice, this Lease and ali nghts of Tenant hereunder shall be termmated and the Landlord shall have the nght to enter upon the Premises and re-take possession thereof Conhnued violarions for same or similar reasons may be grounds for �mmed�ate termmation if a subsequent violation occurs after the Landlord gives notice that it mtends to terminate upon the further occurrence of similar violations 13 Termination. Th�s Lease shall terminate on December 31, 2009 This Lease can be earlier terminated for good cause Good cause shall mean any of the following, 1) failure to , t�mely cure a default after notice as provided m paragraph 12 above, 2) termmation or expiration of the Golf Management Agreement or the Food and Beverage Agreement, 3) lack of sufficient Page4of8 Gold Mountain Lease �nsurance proceeds to rebu�ld or repatr the factl�ty after damage or destruction, 4) insolvency of the Tenant, or the appointment of a rece�ver to admmister �ts financial affa�rs, or S) any reason ( spec�fied elsewhere m th�s Lease, or the attachments hereto, that is designated as grounds for term�nation Upon the terminatton of the Lease, the Tenant shall vacate the Premises, and the Landlord may immed�ately reenter and take possession of the Premises without the necessity of a court order to do so 14 Accidents and Indemnftv. Tenant agrees to defend, indemnify and hold Landlord harmless &om all loss, damage, liability or expense result�ng from any mJury to any person or any loss of or damage to any property caused by or resulting from any act or om�ssion of Tenant or any officer, agent, employee, guest, mvitee or visdor of Tenant in or about the Premises, but the foregomg provision shall not be construed to make Tenant responsible for in�unes to tturd parties caused by the sole negligence of Landlord or any officer, agent, employee, guest, invitee or visitor of Landlord Landlord shall not be liable for any loss or damage to person or property sustauied by Tenant, or other persons, which may be caused by theft or by any act of neglect of any tenant or occupant of the builduig, or of any other person, or by any other cause, unless Landlord is �udicially found solely negligent for such damage or m�ury Tenant further agrees to pmcure, at no expense to the Landlord, industnal insurance for all employees of Tenant 15 Liens. Tenant shall keep the Premises and the Golf Club free from any liens ansmg out of any work performed, matenals fumished or obligations incurred by Tenant 16 Access. Tenant will allow Landlord or Landlord's agent free access at all ( reasonable hmes to the Prenuses for the purpose of inspechon, or of makmg repazrs, additions or alterations to the Premises or any pmperty owned by or under the control of Landlord, but this nght shall not be construed as an agreement on the part of Landlord to make any repaus other than those repau�s for which Landlord is responsible pursuant to the terms hereof Landlord shall have the nght to show the intenor of the Premises to interested parhes for tlurty (30) days pnor to the expiration of tlus Lease By mutual agreement of the Director of Pazks and Recreahon, or lus or her designee, (heremafter "Duector") and Tenant, porhons of the Clubhouse may be provided on a non-mterference basis with no room charges assessed when conduchng Landlord's business Room set-up is the responsibility of the Landlord 17 Fire Insurance. Hazards. A No use shall be made or perm�tted to be made of the Premises, nor acts done, which will increase the exishng rate of msurance upon the Clubhouse or cause the cancellation of any insurance policy covenng the Clubhouse, or any part thereof, nor shall Tenant sell or permit to be kept, used or sold, m or about the Premises, any article which may be prohibited by the standard form of fire insurance policies Tenant shall, at its sole cost and expense, comply w�th any and all requirements, pertaming to the Premises and resulting from Tenant's busmess activities, of any msurance orgamzation or company necessary for the ma�ntenance of reasonable fire and publ�c liability msurance covenng the Prem�ses, Clubhouse and appurtenances In the event that Tenant fa�ls or refuses to comply with any and all such requ�rements then Landlord may, at its opt�on, assess the Tenant any increases in such fire and public liability �nsurance prem�ums caused as a result thereof and the Tenant shall pay the same Page 5 of 8 Gold Mountain Lease upon demand as add�t�onat rent or Landlord may declare the Tenant to be �n default under the terms of this Lease ` B Landlord hereb releases Tenant of and fro Y m every and ali nght, cla�m and demand the Landlord may hereafter have agamst Tenant or Tenant's successors or ass�gns ansmg out of or �n connection with any property loss or losses occasioned by fire and such �tems as are mcluded under the normal extended coverage clause of fire tnsurance policies and to the extent of the policy limits, and does hereby wa�ve ali nghts of subrogat�on m favor of insurance camers against the Tenant ans�ng out of any lawsuit occasioned by fire and such items as are �ncluded under the normal extended coverage clause of fire insurance policies and susta�ned by Landlord in or around the Prem�ses Tenant hereby releases Landlord from any and every nght, claim and demand that Tenant may here�nafter have aga�nst Landlord or Landlord's successors or assigns ansing out of or m connection with any lawsuit occasioned by fire and such items as are mcluded under the normal extended coverage clause of fire insurance policies, and does hereby wa�ve ali nghts of submgahon in favor of msurance camers agamst Landlord ansing out of any loss occasioned by fire and such items as are mcluded under the normal extended coverage clause of fire insurance policies and susta�ned by Tenant to the trade fixtures, equipment and merchandise on the Premises The wa�ver provided for in this pazagraph shall be applicable and effechve only in the event such wa�vers are attamable from the insurance cazriers concemed 18 Liabilitv Insurance. Tenant, at its own expense, shall provide and keep m force wrth compames acceptable to Landlord, comprehensive public liabilrty, includmg products liability msurance for the benefit of Landlord and Tenant�ointly agaanst liability for bodily m�ury � and property damage in the amount of not less than one million dollazs ($1,000,000 00) Tenant shall funush Landlord wrth a cemficate of such policy, mcluding an addihonal msured endorsement acceptable to Landlord's Risk Manager, witlun ten (10) days of the commencement date of this Lease and thereafter shall sahsfy Landlord that such policy is m full force and effect Such policy shall name Landlord as an addihonal insured and shall be pnmary and noncontnbutmg with any uisurance camed by Landlord The policy shall further provide that rt shall not be canceled or altered wrthout twenty (20) days pnor wntten nohce to Landlord 19 Damage or DestrucNon. In the event the Preauses, other than the Clubhouse are damaged to such an extent as to render the same unusable in whole or m substanhal part, or are destroyed, Tenant shall give Landlord or Landlord's agent immediate wntten notice thereof, and it shall be optional with Landlord to repau� or rebuild the same Landlord shall have not more than ninety (90) days after date of such notification to notify Tenant in wnhng of Landlord's intention to repa�r or rebuild the Premises, or the part so damaged and, if Landlord elects to repair or rebuild Premises, Landlord shall prosecute the work of such repa�nng or rebuildmg without unnecessary delay, and dunng such penod the rent of the Premises shall be abated m the same ratio that that portion of the Premises rendered for the time being unfit for occupancy shall bear to the whole of the Premises If Landlord shall fail to give the nohce aforesa�d, Tenant shall have the nght to declare this Lease terminated by wntten nohce served upon Landlord or Landlord's agent In the event that there is not sufficient insurance to pay for the repa�r or rebuildmg of any damaged structure, then the Landlord, �n its sole discretion, may termmate this Lease Provided, however, pnor to term�nating the Lease for this reason, the Landlord shall � d�scuss with the Tenant other ways to provide for the fundmg shortfall, but such will not prohibit the Landlord from termmating the lease Page6of8 Gold Mounta�n Lease In the event the Clubhouse is damaged (even though the Premises shall not be damaged thereby) � to such an extent that in the reasonable opimon of Landlord it shall not be practicable to repair or rebu�ld, or �ts destroyed, then it shall be optionat w�th Landlord to term�nate th�s Lease by wntten notice served on Tenant w�thm th�rty (30) days aRer such damage or destruction 20. Notices. All notices under this Lease shall be in wnting and delrvered in person or sent by registered or cert�fied mail to Landlord in care of the Director, 345 6` Street, Su�te 600, Bremerton, Washington 98337, and to Tenant at P O Box 197, Bremerton, Washington 98312, e�'ective as of postmazk time and date, or to such other place as may hereafter be designated by either party in wnting 21 Aiterstions. Tenant shall not make any alterations, additions or improvements in the Premises without first obtairung the consent of Landlord in wnting, wluch consent can be withheld at Landlord's sole discretion All alterations, addrtions and unpmvements, shall be at the sole cost and expense of Tenant, and shall remaui in and be surrendered v�nth the Premises as a part thereof at the termmahon of this Lease If Tenant shall perform work with the consent of Landlord, as provided above, Tenant agrees to comply wrth all laws, ordmances, rules and regulahons of the City of Bremerton and any other authonzed pubhc authonty Tenant further agrees that workmanship will be of a reasonable commercial qualrty, m color schemes m accordance with current buildmg standards and free of inechazucs hens Tenant further agrees to save Landlord free and hazmless from damage, loss or expense ansing out of such work 22 Costs and Attornev Fees. If, by reason of any default or breach on the part of ( either party in the performance of any of the provisions of ttus Lease, a legal action is mstituted, the losing party agrees to pay all reasonable costs and attomey fees m connechon therewith It is agreed that the venue of any legal action brought under the terms of shall be m ICrtsap County 23 Amendments. This Lease may be amended at any hme only by wntten agreement signed by the parties 24 Insol_,v_v. In the event that the Tenant shall become u�solvent or go mto bankruptcy, this Lease may be canceled at the ophon of the Landlord without not�ce, and the Landlord may take immediate possession of the Premises and the whole thereof and the same shall not become an asset m bankruptcy 25 Nondiscrimination. Tenant shall not discnminate in employment or services to the public on the basis of sex, race, color, creed, national ongin, age, mantal status, physical, mental or sensory handicap except an employment action based o a bona fide occupational qualification 26 Waiver. Fa�lure to msist upon stnct compliance with any terms, covenants or condit�ons of this agreement shall not be deemed a waiver of such, nor shall any waiver or relinquishment of such nght or power at any time be taken to be a wa�ver of any other breach 27 BindinQ Effec� This Lease shall be bmdmg upon the heirs, successors, assigns � and atl other parties legally empowered with s�gnatory nghts of any or all of the part�es hereto Page 7 of 8 Cold Mountain Lease 28 Invaliditv of Provisions. Should any term, provision, cond�tion or other portion of th�s lease be held to be �noperatrve, mvalid or vo�d, the same shall not affect any other term, ( prov�s�on, cond�tion or other portion of th�s Lease and the rema�nder of this Lease shall be effectrve as if such term, prov�sion, condition or portion had not been conta�ned here�n 29 Previous A�reements Suoerseded. The terms and conditions of this Lease supersede the terms, obligations and conditions of any exist�ng or pnor agreement between the part�es regazd�ng the subJect matter of this Cease This lease replaces in �ts ent�rety any pnor agreements mcludtng pnor leases and any arnendments and extensions thereto 30 Entire Aereement This Lease, includmg the exhibits and statutes referenced herein contain the entire agreement between the Parties and aze the embodiment of all wntten or oral representations between the parties hereto LANDLORD: TENANT: C� RT Ci��. CARY BO EMAN, Mayor By S�OTT ALEXANDER Its �SiO4�r DATE _ 9 `� DATE 9 � L° 1 ( ATTEST By Y Its DATE O � PAULA JOHNSTON, Cit Cler ST R GER A LUBOVICH, City R\Legal\Legal�Files\ urrent Achve Files\Gold Mountain�I.ease Agreement - FINAL doc Page 8 of 8 Cold Mountain Lease � � ------ - __^ _ � EXHIBIT "A" Golf Pro Shop new Gold Mountain Clubhouse ��o �� �.�, --------- ♦ �� � � � � � � � � � ' � �� � --"` � � , � i ' -------- -- — — � ..�.. ... �. .�r � f � -„-� t i � ri� 1� � L � � +... ��� � _ r "� � • �..+wi �aa � L .,. .,� . �. �.. .� � � . �wr � _ � �.. t '~ .sn �� �� wM � A Q MAIN LEVEL FLOOR PLA N �� c�usNOUa• � � � � � r 7 r i �9 M �'��'+� ��� �/ 1 �i�'�.,� � ♦ � , 'nN" 1 �'�A �'�'�11Q�9t� +� t �� _�', f ������ �fM�x �1r� � ri' `a � I � � �' i �� + .� t� 4'� y ♦ � ` � � r► , 3 � ' �� '�� r .+ � 1► 'M t 1� � � y , ����': w �T� �� � ' '� � N � � � A '► +ji �db • j � �L i �� 19 �� r �� � ,. �,� �, � ; ,. ..,, ' � , . , � � � � � ,� �``� t � �`' � `� � . � '� � � � � r � � � } ~ r � �I• t � . � �� � . �� ' . � ,� i � ' � ,3' • � , ,� '�� , l��. � � a � �. �.. �,�► � f • • :,� • . • � ,�► �� •ti �„ , , ., �..� � ., . �w . � • ' ` �!�� ' �' < ` ��. ,� , t _ ., �, � t� � x r �' .��� � t,'� l�i er ; � ti � �� � t �( `�5 l �'� ~ �� � ��,. � � � � T � ,. �1 a � .. 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't ' � a � � • � . . � ,� � r q" � , ., .� , � � a ,. ,. �i�� �'� � T � �n� � � • � � y�i w � ` � � �� } i� Nyai �! r t 'j � i Q • � � t � � $ S ,� ; t � � , };�� � , . , � � - ^ 4 ; jr~` w s " "r ' H,e r�r }, �.a t'� � �� � } Y `� � .ai .l f{� Mr rt , k � � � 4 � � y�'o � � �,�. �' � � �{ � � Y l� �~� J�' i � �� t � � �� " � i ' � °' � x a ' /� ,�,�' �' k �1=' ; ...3,� r r � � •w , , '�: +'..`'� , � � fr ~� � M�� �� - � � � � � � M 4�� � �t��; �,� �� ��Ct� '��'�� � � rw .. � � y 1 � '�' r , �!l,,, � Lf�` #� t M '�� , �'�f ' t t` ��� n�"'r!�`�L� ► �' � �'l � 1 { *� A... w VS. � �� � j � � � � � j t 1 y � �'' y..� � � I 1_� T 1 . I '1' l I,1 � � Jt + '�/ , i F �� ��,� r ,� f . �j 'l � i � ��, �{'� � u � � K.L•F 4 } � � 74/ �' •�w� '�"*,.c 0 ,,��//� �t� T ,� t 1 � • 'y �e -' u � r�,� it � � � , �Yf" J e t� � � � � � s(, y ti` � 3,r r YJw. � -i d} , � � � � ,r � 1 E Y i � Yi��j�,�t, ' � � Y 1 �1 Yi r,Y�1M A t �� i �� '• � 67 �'�l � � a ��u � ,� /1, � � r f Y}J^ i r�.. �� � * r � �, f � ^ �. r �i*�" l �, � .. ,g R � �• + A ,.+ � � r f� „ t�o.� A„P i ` j r+ t 7 � a '�� .�, � fi ' � � � ° � � ' " d..r � ,� t�G � �.i v 7'M� � � y �� . A �• �+ .9a , t .� �. , � ' � � � ~ � ti � # '� R r y ► � * �� i � , ' _ � 1 _,,t� ► w + � !� f�� , �' ' ��' , F ' " p '�t � � � y� , � � . � � � � J � !� ! ' f, � � � � � Y • � � : � J' h � � �' I •�; `�. � � ` � • 1 � � ^ � ., � y �°� � f� � �r j' �e '},�� � � � �' . 1 '�. M �b • , � � a 1 � .ir ' � � �+ y � �t � ' ' , �I � '� ��.r " -� �.+� � � Y !� E9 �•� � r +k,� 1 � , � '^� 1 4 � `� �KA ,� �, d �, �� . , , � , r 4 � a Y � '`� � C ��' , �M � '� � Lf� � ' � L ( , �i r � �� R � `� �/� ��� +t �4lI� �.� � !" � f ` ��p� 3�. +� � � � v � � r 1 � � y �" � �� ' � , � +� � `�"�,� , � }' � EXHIBIT B- I � � F , �, .� �' * �..�,r:e . ` �.� : � i � , � � �1 � tj ,r� � ^ � � w �' '� . � � ,��r { ,��,�, ,{� � , • � • y �� J f�l�,:'�"r�f1�cY��.�S� � �.' �;� L �i �r �I/J _�,{* I 11 1111 `���.�� ` ��� �� � �� ,� 1 � � ��� �' �I I� � � Il � � �� � ', � f ( � �f �I� I�� y / ,��� h , ,�� �` ���^` � � � ` _ _ ^ `-. - - � - - ��v i T'�< < � � � � 1 ` 1 R� SH R� (,"K dF�' �� 1 r � � F �� � - f , «+� . ; �- � _ � � ��.fi � ` '� � � E - .)�> >�� � � � � f� , f� � �. �/t � �CEp MIN � _�AF ,� j �� ; , � � � ��� � I?IPR4P, � ' ��l.t _ ' �.+ ' �, � ` � T -._' ,'S � F ;IL i F�'"�i E . _ .� '4 SH k�ACK � r��-� ,� � �.� ;;,� l• r - " �EE dE T���, �► �; 3<< , . 31,S,il� - rj � � � ` '' � 1 1 � ��Ef_W �ull�' r �, `; �` :., � , � ,. ,+ ,,.- - �0 ;.F E�'�'- ,'��A�� �� � �/� � A �F iZ • _� r `l � ,� �� � � (1 y� A, 3 � 0 � � � � �t �I� / -- ,`� � " �, W/ 3 1 S►�E 5��'PE � ��� , ,�� ' � , �N�� S E r ; ��` � ANO 3 ' 841TnM wiDt-� � ` / / � ,.��� � _ � � \; , �. � ._.►� ,,/ 1 , � `.�. ,�` � /� �� � � ., � V . � �}� � ` 1 4 � . � \ `\ f , ��// , � ���a_JW , , � �, �� EX�Sr e � � v �oiNC r0 eE / •\ , �l��. ' 3 1 � p ` •-'� _ - ,` r'' ,�. \ REMOt�'D 9Y OtHtkS f,�� �N� � 80T M '' " ?' � h , / ��, wr or� r -� � � ` OTTOM ELEV � 31� , . . � �� _, -r - aa f , : , ` . �� i \ , ;�84TTOM E�� � � (� , ... . �. }'�= 315 � 3 ., r �`�, � - ° � , `'� LANDSCAPE UNp R�j � R �� + , , `�� � y (1'YPlCAt) � �4R�I�t �-� - � �. , {.: �• - - -` ° ,�\ �� / ` '" - , ,,.. �., 1 � � . .( � '•� F � � . �,�` � w r ,�,• 3 . ,�' - - - - _ � o ,� `'� . �' f �� 3�o ir+ '' ;• � " � _ i � ti . � 'f f j� ► � �� / � � �. i / � � ,/ �' � , , . I � �~ f/ � , � ,�~� �� `� / , ' r, ti � 3 �� � , . .� , � ,' � `�. � � � ►��, •' � : �, - - r : r \ T a►I`T �,/'� "" �� , ' ` . � � , ..r--�^ � ..,,` ti ,.� ' � a�' ``�`...�. . - - - . / `� `-� / / �'` / i � ` `� / � . / ,�, '`�. ..` - / �� � �`� �/� V� �` � � `� ) � � �� � i ,� _�� � � ,/ ,\� ��+ : � 1 � , Ir . - � , � ��, ..,���` 1` � ` ,,',�' i t �' � � .. .. --, � . , =, ���/' �\�� � �`: .../' :__,-� ;`'� • `� �� �� � � ` w� \ � �? V � � ( - n �• � ; ' .�,�. ' � � __ _ EXHIBIT B �- 2, �``` HYDRO;E:E� [ AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT Greens Supenntendent WHEREAS, on December 12, 2007, the City of Bremerton, a municipal corporat�on of the State of Washmgton, "City" and Ed Faulk Operat�ons, LLC , a Washmgton corporat�on, "Contractor" entered mto an Agreement to provide greens maintenance and related services at the Gold Mountain Golf Club w�th a termination date of December 3 l, 2009, and WHEREAS, on December 29, 2009 City of Bremerton, a munic�pal corporation of the State of Washmgton, "C�ty" and Ed Faulk Operat�ons, LLC , a Wash�ngton corporation, "Contractor" entered into an Amendment to the Agreement to provide greens ma�ntenance and related services at the Gold Mountain Golf Club extend�ng the term of the Agreement through December 31, 2010, and WHEREAS, the part�es desire to amend the Agreement to extend the term through March 31, 2011, NOW THEREFORE, for mutual considerat�on, C�ty and Contractor agree as follows Sect�on 2 of the Agreement is hereby amended to extend the terminat�on date of the Professional5ervices Agreement to March 31, 2011 All other terms of the Agreement not spectfically amended herein shall remam m full force and effect CITY OF BREMERTON ED FAULK OPERATIONS, LLC. � , Mayor By Edward G Faulk Its DATE DATE APPROVED AS TO FORM ROGER LUBOVICH, City Attorney ATTEST Carol Etgen, City Clerk R\Legal\Legal\Fdes\Current Active Files\Gold Mountain\Greens supenntendent Agreement Amendment (2010) doc Amendmen[ Professro�rn/ Serv�ces Agreement — Greens Superintendenl . .^ AMENDMENT TO � PROFESSIONAL SERVICES AGREEMENT Greens Supenntendent VV]E�EREAS. on December 12, 2007, the City of Bremerton, a mumc�pal corporation of the State of Washington, "City" aad Ed FauUc Operadona, LLC., a Washington corporauon, "Contractor" entered mto and Agreement to provide greens mauitenance and related sernces at the Gold Mountaui Golf Club and Vf/I�REAS, the term of the Professional Sernces Agreement commenced on January 1, 2008 and shall teraunate on Decembec 31, 2009; and WHEREAS, the parties desire to amend the Agreement to eatend the term through December 31, 2010, NOW THEREFORE, for mutual considerahon, City and Contractor agiee as follows 3ecdon 2 of the Agreement u hereby amended to extend the termmaqon date of the Professional Services Ag�reement to December 31, 2010. All other terms of the Agreement not specifically amended herein shall remain in full force and effect CITY OF BREMERTON ED FAULK OPERATIONS, LLC. ( � Mayor B ward G Faulk Its: DATE• � DATE ��. — d� Q��� q APPROVED AS TO FORM R R LUBOVICH, City Atto ATT T - Carol Et City Cler R U Actrve FdeslCroid Mountam\G�eens supenntrndent Agrament Ameadment (2009) doc � Anrendr�enl Projesslona[ SuvJees Agree�ent — Creent Superlietendsnt PROFESSIONAL SERVICES AGREEMENT Greens Superintendent THIS AGREEMENT is between the CITY OF BREMERTON, a murucipal corporahon (heremafter referred to as "Crty") and ED FAULK OPERATIONS, LLC , a Washmgton luruted liabilrty corporahon, (heremafter referred to as "Contractor") WHEREAS, the Crty is the owner of Gold Mountam Golf Club, wluch ownerslup includes the land upon wluch said golf complex is located, the buildmgs and other improvements wluch are a part thereof, and WHEREAS, the Golfl Mountaui Golf Club consists of two 18 hole golf courses, the Olympic and the Cascade course, ("Golf Courses" or "Courses'�, a dnvmg range, the clubhouse and other related facihties and structures, collechvely also referred to herem as ("Golf Club") WHEREAS, the City previously entered mto an agreement wrth Ed Faulk, Contractor's pruicipal ("Pnncipal"), for greens mauitenance and related services at the Golf Club, and WHEREAS, the current agreement between the Crty and Contractor for these services expires December 31, 2007, and WHEREAS, the City desues to enter mto a new agreement with Contractor for greens maintenance and related services at the Golf Club, NOW, THEREFORE, m considerahon of the mutual covenants contained herein, the parties agree as follows 1. Scope of Work: The Crty hereby agrees to retauz the Contractor to masntaui and improve the Golf Club as follows a The Contractor shall maintain and unprove the Golf Club grounds, to include clubhouse grounds and surroundmg areas, wluch will meet or exceed the standard in the mdustry for pubhc courses in the Puget Sound region, and as more thoroughly specified in Exhibit A b The Contractor shall devote its attenhon and energy on a full time basis to the performance of duties as Greens Supenntendent for the City duruig the term of this agreement Contractor and its employees shall conduct themselves at all hmes and in all matters in accordance with the standazds accepted for Greens Supenritendents The Contractor's Pnncipal is required to be a member of the Golf Supenntendent's of Amenca, the Westem Waslungton Golf Course Supermtendent's Association, and the Northwest Turf Grass Associahon PROFESSIONAL SERVICES AGREEMENT - 1 Greens Supenntendent c The Contractor shall report duectly to the Duector of Parks and Recreation or assigned designee ("Duector") and work closely with the Golf Professionals who manage the golf operahons of the Golf Club The Contractor and Golf Professionals shall mutually agree upon the open and start of play daily, with the Duector resolvmg any conflicts In all mstances, the start time will be set to maximize the Golf Club's availabihty to the public d The Contractor's Pnncipal shall attend all meetmgs of the Gold Mountain Golf Complex Boazd of Duectors The Contractor may recommend and submit changes in policies and procedures to the Golf Complex Boazd at any regular meehng e The Contractor shall muntaui a good credit ratmg m all commercial transactions so as to not discredit the reputation or nazne of the City of Bremerton f The Contractor shall supernse, direct, and train its staff to perform the duties and meet the reqwrements specified in Exlubrt A g The Contractor's Pruicipal agrees to be avaalable to attend regular and special meehngs of the Pazks and Recreahon Commission, and City Council, and shall be prepazed to discuss issues and ideas of mterest to the Contractor and City h The Contractor will comply with all audihng and accounting requirements set forth by the City The Contractor's books and records will be open to mspechon at any time dunng normal busmess hours 2. Term: T�us Agreement will commence on January 1, 2008 and termmate on December 31, 2009 3. Performance: The Contractor shall supervise and direct the work as provided for m tlus Agreement, usmg its best slcills and attention From the perspechve of grounds safety and turf condihon, the Contractor shall have the sole authonty to declare when the courses are open for golf play and when golf carts will be allowed on the courses Any mamtenance prachces or renovation proJects that would disrupt play will be mutually agreed upon by the Contractor, Golf Professionals and Director The Contractor shall be solely responsible for the means, methods, techruques, sequences and procedures for coordmahng all portions of the work contemplated by tlus Agreement 4. Compensahon: The Contractor will be paid seven hundred seventy-one thousand two hundred sixty four dollars and NO/100 ($771,264 00) for the services descnbed herein for 2008 For 2009, Contractor will be paid seven hundred seventy-eight thousand rune hundred seventy-six dollars and 64/100 ($778,976 64), a one percent (1%) mcrease &om 2008 However, the Director is authonzed, in l�us discrehon, to negohate a further mcrease in the compensahon for 2009 by an addihonal amount not to exceed three percent (3%) The fiscal standing of the Golf Club at year end 2008 may mfluence this negotiahon, notwithstanding the performance of the Contractor Annual compensation will be paid in 24 equal mstallments These installments will be made twice monthly on a mutually agreed schedule The parties PROFESSIONAL SERVICES AGREEMENT - 2 Greens Supenntendent acknowledge and agree that, except as otherwise provided for in ttus agreement, this compensation covers all the Contractor's costs of operahons mcludmg a Labor costs mcludmg, but not limited to, medical coverage for Contractor's employees, payroll, msurance, L&I, Boazd Expenses, dues, laundry, and travel b Taxes and fees includuig, but not hiruted to, retail sales, state and local B&O, federal mcome, social secunty, and unemployment, and c Other costs and expenses related to Contractor's operahons under ttus Agreement at the Golf Club 5. Agreement Opener: In the event of extraordmary circumstances, such as ma�or caprtal improvements to the facilihes or a ma�or tournament, requuzng the Contractor to perform sigcuficant additional work, the pazhes may revisit the compensahon set forth m Section 4 above and negohate addihonal compensation for the addit�onal work pursuant to a separate agreement , or as an amendment to this Agreement 6. Purchasing: All supplies, capital and eqwpment expenditures used by Contractor m the mauitenance of the facihhes such as fertilizers, small tools and parts for mamtenance eqi,upment, will be the responsibihty of the Depariment of Pazks and Recreahon The Contractor agrees to coordmate all purchasmg requests for such items through the D�rector 7. Facilities and Equipment: The Contractor will have the use of the City's mazntenance facihhes at the Golf Club for the duration of tlus Agreement, at no cost to the Contractor The Contractor agrees to keep the buildmg in a clean and orderly condrtion throughout the term of tlus Agreement The Contractor agrees to make necessary minor repairs to the mauitenance biuldmg In the event of ma�or damage or destruchon to the ma.mtenance building that is not the responsibihty of the Contractor, the Crty agrees to repaar or replace said building Contractor will promptly nohfy Department of Parks and Recreahon of any builcung defects The Golf Club eqwpment mcludmg, but not lumted to, the imgahon system, drainage, benches, trash receptacles, flag shcks, ball washers and maintenance equipment shall be provided by the Crty and be maintained m good working condition by the Contractor, and remams the property of the City The Contractor agrees to maintam the irrigation system in good worlung condihon Repaus and maintenance of the pump stahon beyond the capabilities of the Contractor will be the responsibility of the City Unless specifically provided otherwise herem, all equipment for maintammg the Golf Club, as specified m tlus Agreement, shall be provided by the City 8. Relationship of Parties Contractor is slcilled m the matters addressed in the Scope of Work and is performing mdependent funchons and responsibilities witlun its field of PROFESSIONAL SERVICES AGREEMENT - 3 Greens Supenntendent expertise Contractor and rts employees are uidependent contractors and not employees of the City Contractor and its employees have no authonty to bmd the City or to control the City's employees and other contractors. It is agreed and understood that the Contractor shall be solely responsible for the lurulg and finug of its employees All employees retauied by Contractor to perform services under this Agreement shall be employees of Contractor and not employees of the City Contractor shall be responsible for payroll, payroll taxes, FICA, federal taxes, workers compensahon, Labor & Industry, and medical insurance prerruums and all other benefits associated wrth employment with Contractor As an mdependent contractor, Contractor is responsible for its own management The City's admuustrahon and enforcement of tlus Agreement shall not be deemed an exercise of managenal control over Contractor or its employees 9. Insurance: Contractor agrees to purchase a policy of habilrty msurance wtuch shall protect it and its employees from any loss caused by property damage or personal m�ury at the Golf Club Said msurance pohcy shall be in the amount of One Milhon Dollars ($1,000,000 00) for each occurrence The Contractor agrees that sa,�d uisurance shall name the City of Bremerton as an addihonal insured A copy of the certificate shall be reqwred to be kept on file with the City Risk Manager 10. Supervision: Contractor shall report duectly to the Director and sha11 cooperate and work closely with the Golf Professionals In those srtuahons where conflict of interest anses, the situation will be brought unmediately before the Duector for resolution 11. Liens and Insolvency: The Contractor shall not allow any property of the Crty to become encumbered with hens of any sort by reason of rts action or omission 12. Indemnity: The Contractor agrees to defend, mdemiufy and save harmless the City, its appomted and elected officers and employees, &om and agamst any and all liability, loss, costs, damage and expense, mcludmg costs and attorney fees in defense thereof because of achons, clauns or lawsuits for damages resulnng from personal or bodily m�ury, mcludmg death at any tune resultmg therefrom, sustained or alleged to have been sustamed by any person or persons and on account of damage to property, ansmg or alleged to have arisen duectly or indirectly out of or in consequence of the performance of Contractor under this Agreement, whether such in�unes to persons or damage to property is due to the act, omission or negligence of Contractor, its employees, subcontractors, agents, successors or assigns This provision shall be inapplicable to the extent that the City is �udicially found solely negligent for such damage or m�ury 13. Nondiscrimination: Contractor shall not discnminate in the employment or services to the public on the basis of race, color, national ongin, sex, religion, age, mantal status, sexual onentation or disability, except employment acrions based on a bona fide occupational qualification PROFESSIONAL SERVICES AGREEMENT - 4 Greens Supermtendent 14. Termination: This Agreement will termmate upon the happemng of any of the following events a Upon its normal terminahon if not renewed b Upon the death of the Supenntendent's Pnncipal c The physical disabihty of the Supenntendent's Pnncipal wluch substantially prevents the Pnncipal from perfomung his duhes for a conhnuous penod of one (1) month or for an aggregate of three (3) months dunng each calendar year d Pnncipal's convichon of a gross rrusdemeanor or felony e Ma�or damage or destruchon of the Golf Club property, structures or eqwpment that is the sub�ect of tlus Agreement, when the Crty decides not to rebuild, and that damage or destruction v�nll prevent Contractor from substanhally perfornung rts obhgahons under tlus Agreement f Contmwng mattenhon or neglect of duhes g Suspension of Pruicipal from those associahons listed under Subsechon 1(b) for more than tlurty (30) days h Substanhal breach of any provision of tlus Agreement In the event of temunahon of tlus Agreement by reason of Pnncipal's death or disabihty, the Contractor shall be paid its compensahon to and mcluduig the month of death, or m the event of disabihty, the Contractor shall be paid to the last day of the month m wluch temvnat�on occurs 15. Breach and Cure: In the event that erther party claims that the other party is in violation of subsechon 14( fl(g) and/or (h) of tlus Agreement, the party claiming the violahon may give the other party a wntten nohce of breach The party m breach shall have thuty (30) days after notice within wluch to correct any activity or conduct claimed by the other to have conshtuted a breach of the Agreement Upon mutual agreement, a conference may be called between the parhes in wluch case every reasonable effort shall be made to reach an amicable soluhon At said conference, either party shall be enhtled to have representahves present In the event that either party shall, witlun said thirty (30) day penod, fail to either conect the achvity claimed to constitute a substanhal breach of tlus Agreement or nohfy the other party in wnhng of their derual of said substanhal breach of tlus Agreement, then, m such event, this Agreement shall cease and terminate as of the expiration of the thirty (30) day penod PROFESSIONAL SERVICES AGREEMENT - 5 Greens Supenntendent 16. Notice: Any notice required or permitted to be g�,ven under this Agreement shall be sufficient if m wnhng and personally served or sent by registered or certified mail In the case of the Contractor, rt may be ma�led to PO Box 4130, Bremerton, Washmgton 98312, and in the case of the City Bremerton Crty Clerk, 345 Sixth Street, Suite 600, Bremerton, Washuigton 98337 17. Applicable Law: 'This Agreement shall be controlled by the laws of the State of Waslungton Contractor shall perform and comply wrth all applicable laws of the Untied States and the State of Wastungton, the Charter, Murucipal Code and Orduiances of the City of Bremerton, and rules, regulahons, order and duectives of theu admimstrative agencies and the officers thereof 18. Severability: The mvalidity or unenforceabihty of any provision hereof shall, m no way, affect the vandity or enforceabihty of any other provision 19. Waiver: Failure to uisist upon stnct comphance wrth any terms, covenants or condihons of this Agreement sha11 not be deemed a waiver of such, nor shall any waiver or relmquishment of such nght or power at any tune be taken to be a waiver of any other breach 20. Modification Any waiver, alteration or modificahon of any of the provisions of tlus Agreement or cancellation or replacement of tlus Agreement shall not be valid unless m wntmg and signed by the parties 21. Enhrety: Tlus Agreement, includmg the exlubits attached hereto and forming a part hereof, are all of the covenants, promises, agreements and conditions, erther oral or wntten, between the parhes 22 Remedies: Rights under this Agreement are cumulative, the failure to exercise on any occasion any nght shall not operate to forfeit such nght on another occasion The use of one remedy shall not be taken to exclude or wazve the nght to use another 23. Licenses and Fees: Contractor shall secure and maintaui, m full force and effect during the term of tlus Agreement, all requued licenses, pemuts and sumlar legal authonzahons and comply with all requirements thereof Contractor is responsible for payment of all taxes and licensmg fees necessary to perform rts obhgahons under tlus Agreement These taxes and fees include but are not lunited to State industnal msurance, B&O, State professional licensmg, and City busmess licensmg If any taxes or fees due the City have been declared delinquent, the City may withhold the delmquent amount, plus any addihonal charges ansing from the dehnquency, from any payments due Contractor 24. Use of Facilihes and Equipment: The Contractor and its employees shall use the facilihes herem descnbed for those purposes and only for those purposes enumerated herem and other complex related maintenance items, and for no personal uses PROFESSIONAL SERVICES AGREEMENT - 6 Greens Superu�tendent 25. Fidelity Bond: Contractor shall enter mto an honesty and fidelity bond in the sum of Ten Thousand Dollars ($10,000 00), naming the City as the msured thereunder IN WTI'NESS VVHEREOF the parties hereto have executed ttus Agreement the date and year mdicated ED FAULK OPERATIONS, LLC Dat' � � _ �� EDWARD G FAUL Pnncipal CITY RE �r.z� _,a • n 7 Date CARY B ZEMAN, Mayor A.PPROVED AS TO FORM ' ROG A LUBOVICH, City Att R\LEGAL�Files\Current Achve\Greens Supenntendent Agreement 2007 doc PROFESSIONAL SERVICES AGREEMENT - 7 Greens Supenntendent EXHIBIT A — DUTIES The Ctty hereby agrees to reta�n the Contractor to ma�ntatn and �mprove the Gold Mountain Golf Complex courses, to �nclude clubhouse grounds and surroundmg areas, and through Contractor's efforts will stnve to have the condition of the Gold Mountam Golf Complex m the best possible shape, sub�ect to budgetary and environmental limitations withm which the Contractor must perform this work The Contractor does agree to conform to the generally accepted standards and practices of similar golf courses in the Western Washington region MAINTENANCE STANDARDS: The following are the pazameters of the maintenance practices and programs for the Cascade and Olympic courses A. Maximurn Mowmg Heights Cuttm� Hei�ht Settin,�s Summer Wmter Tees 1/2" 1 /2" Fairways 1 /2" 1 /2" Roughs 1-1 /4" 1-1 /4" Collars 1 /2" 1 /2" Greens 125" 150" B. Mowing Standards Frequencv Per Week Summer Winter Tees 2 As Needed To Fairways 3 Maintam Maximum Roughs 2 Mowing Heights Collazs 3 Greens � C. Bunkers Raked Frequency Per Week Summer Winter 3 As Needed D Aerification Greens And Aprons All � aenfication will be coordinated w�th the pro statf to mitigate �mpact to tournaments and special events, and timed to maximize revenues Spnng Aenfication w�ll be performed with a mmtmum 5/8" hollow ttnes Fall Ainfication w�ll be performed with a minimum 5/8" hollow tmes Tees. Fairwavs And Greens Sunounds These areas w�ll be aenfied a minimum of once per year with 3/4" hollow t�nes E. Capital Projects Capital pro�ects that have been approved by the City that can be accomplished with the knowledge and skills of the Golf Complex maintenance staff but would require additional labor will be negotiated as a separate contract or an addendum to the current contract Construchon of new tees on Cascade Course will continue as manpower and conditions a11ow Upgrading imgation system on Cascade Course, i e new satellites and spnnkler heads will continue as budget allows F. Regular Maintenance Prachces Light sand top-dressing of the greens will be done monthly dunng the growing season Cup location and tee markers will be changed daily dunng the growmg season Fairway divots will be filled with sand and seed monthly Divots on tees will be filled with sand and seed daily Divots on dnvmg range tee w�ll be filled with sand and seed a minimum of 4 days per week Both courses will be kept free of storm blow-down and branches Encroaching brush and Scotch Broom with be cut back yearly Cart paths and bunkers will be edged a minimum of once per year All restrooms will be cleaned and sanitized daily Clubhouse lawns and landscapmg will be maintatned regularly { Parkmg lot and entry road will be kept clean and debns free G. Equipment Maintenance Regularly scheduled ma�ntenance will be performed on all equ�pment to mimmize costly repairs and equipment down time All repairs and parts will be documented to help identify problem equipment and determine cost effechveness of repau� vs replacement All cutting umt blades will be sharpened regularly to ensure a prec�se clean cut in order to keep the turf healthy and the playmg surface smooth H. Irrigation The Contractor will ma�nta�n the imgahon system to the best of his abilities The City will contract wrth an outs�de agent for prevenhve mamtenance of the imgahon pump stations on both the Olympic course and the Cascade Course The Contractor will work with the City's Water Resource Manager to coordmate water usage and water pressure concerns I. Chemical Use The Contractor will work closely with the Water Resource Division of the City in the use of chemicals and their application at the Gold Mountam Golf Complex A l�st of all peshcides and other chemicals must be mainta�ned by the Contractor includmg the MSDS mformation sheets, dates and hme applied, the person who applied the chemical and other information that may be required by OSHA, WISHA, Department of Labor and Industry, EPA and any other city, county, state, or federal agency that would have enforcement authonty J. Ferhlization The Contractor will set up a fertilization program for the Golf Complex and work closely with the D�rector of Parks and Recreahon to determine a yearly budget for fertilizer I{. Tree Removal Hazardous trees w�ll be removed by the Gold Mountain maintenance crew as required for safety The Contractor will work with the City Forestry Manager for removal of any trees that are not related to safety DATE SUBMTTTED December 8, 2010 AGENDA BILL CITY OF BREMERTON CITY COUNCIL .......................................................................................� SUBJECT: Air Rights Easement Committee Meetmg Date December 8, 2010 Agreement with 190 Pacific Avenue LLC COLTNCIL MEETING Date December 15, 2010 Department City Attorney's Office Presenter Roger Lubovich Phone 473-2345 SUMMARY: The Proposed Air Rights Easement Agreement allows 190 Pacific LLC to use certain air space above the City Right-of-way located at 190 Pacific Avenue m connechon with the operation, ownership and mamtenance of the existmg building's roof ATTACHMENTS: Proposed Easement FISCAL IMPACTS (Include Budgeted Amount) None APPROVALS: DEPARTMENT DIRECTOR CITY ATTORNEY FINANCE DIRECTOR MAYOR COMMITTEE CHAIR COUNCIL PRESIDENT CONSENT AGENDA GENERAL BUSINESS ❑ PUBLIC HEARING ❑ RECOMMENDED MOTION: Move to approve the Air Rights Easement Agreement with 190 Pacific Avenue LLC and authonze the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented COLTNCIL ACTION• ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action AFTER RECORDING RETURN TO ���p o � 1� �� City Clerk Ctty of Bremerton 345 6�' Street, Suite 600 Bremerton, WA 98337 Grantor: City of Bremerton Grantee. 190 Pacific Avenue LLC Abbreviated Legal Descr�phon: Lots 4, 5, 6, 7 and Portion of Lot 3 Block 9, Plat of Town of Bremerton, Vol 2 Page 30 Records ICrtsap County, WA Sec 13, T 24 N, R 1 E, WM Addihonal Legal Descriphon on Ezhibits A Assessor's Tax Parcel ID 3718-009-004-0103 AIR RIGHTS EASEMENT AGREEMENT THIS AIR RIGHTS EASEMENT AGREEMENT ("Agreement") is made tlus day of December 2010, by and between the CITY OF BREMERTON, a Waslungton murucipal corporation ("Grantor") and the 190 PACIFIC AVENUE LLC, a Waslungton Limrted Liabihty Company ("Grantee") RECITALS Grantor is the owner of a porhon of nght-of-way located m the City of Bremerton along Pacific Avenue and 2" Street, and more particularly descnbed in the legal descnption identified in Exhibrt A as"City Right-of-Way" (hereinafter, "City Right-of-Way") AIR RIGHTS EASEMENT - Page 1 of 5 Grantee is the ovmer of real property located ad�acent to Grantor's Right-of-Way, more particularly descnbed in the legal descnption identified m Exhibit A as "Grantee's Property" and commonly known as 190 Pacific (heremafter, "Grantee's Property") Grantee desires to use certain air space above the City Right-of-Way in connection with the operation, ownership and mamtenance of said building's upper portion and roof of the existing buildmg located on Grantee's Property The parties agree to the air space boundanes above Pacific Avenue and 2" Street that are more fully descnbed m the legal descnpt�on identified in Exhibit A as "Air Rights Easements" and shown on Exhibit B, (heremafter, "Easement") Exlubits A and B aze attached hereto and mcorporated herem by this reference EASEMENT WITNESSETH that Grantor for and m consideration of mutual benefits denved and/or other valuable consideration receipt of which is hereby acknowledged by Grantor, does grant and convey to and for the benefit of Grantee, rts successors and/or assigns, an Easement of Grantor's interest m certam air space above the City Right-of-Way m connection v�nth the operation, ownership and mamtenance of the upper portion and roof of the existmg buildmg located on Grantee's Property wluch extends mto the air space above Crty Right-of-Way Grantee shall at all times exercise its nghts under this Easement in accordance wrth the requirements of all applicable statutes, orders, rules and regulations of any public authonty having Junsdiction Grantee does hereby release, mdemrufy and promise to defend and save hannless Grantor from and agamst any and all liability, loss, damage, expense actions and claims, includmg costs and reasonable attorney's fees incurred by Grantor in connection wrth the Easement, ansmg directly or indirectly on account of or out of the exercise by Grantee, rts servants, agents, employees and contractors of the nghts granted m tlus Easement This Easement shall be perpetual and a covenant nummg vv�th the land so long as said Easement is used for its granted purpose of operation, ownerslup and mamtenance of the upper portion and roof of the existmg bwldmg located on Grantee's Property wluch extends into the a1r space above the City Right-of-Way, and should the Easement not be used for rts granted purpose, this Agreement and the Easement granted herein, shall automatically termmate and all interest herem shall revert to the Grantor The terms and condrtions of tlus Agreement shall be bindmg on the Grantor's and Grantee's successors, heirs, and assigns If any provision of ttus Agreement shall be found mvalid or unenforceable, the remainder of this Agreement shall not be affected thereby and each provision of ttus Easement shall be valid and enforced to the fullest extent permitted by law AIR RIGHTS EASEMENT - Page 2 of 5 In the event any legal proceedmg is brought to enforce or mterpret any provision of this Easement by the Grantor or Grantee, the prevailing party shall be entitled to an award of its reasonable attorneys' fees and costs incurred m such proceedmg, includmg any appeal therefrom This Agreement contams all of the agreements of the parties hereto with respect to the matters contained herem, and no pnor agreement, arrangement, or understanding pertaimng to any such matters shall be effective for any purpose DATED this day of GRANTOR: CITY OF BREMERTON By Pariy Lent, Mayor (Notary Acknowledgmeni on Next Page) AIR RIGHTS EASEMENT - Page 3 of 5 STATE OF WASHINGTON ) ) ss COUNTY OF KITSAP ) On ttus day of December, 2010, before me a Notary Public m and for the State of Wastungton, personally appeared Patty Lent, to me knovm to be the Mayor of City of Bremerton; a Waslungton murucipal corporation that executed the foregoing mstrument, and acknowledged �t to be the free and voluntary act of said corporahon, for the uses and purposes mentioned m tlus mstrument, and on oath stated that he was authonzed to execute said instrument -No�ary Seal Must Appear Withm Thrs Bax- IN WITTfESS WI-�REOF, I have hereunto set my hand and official seal the day and year first above wntten NOTARY PUBLIC, m and for the State of Washmgton res�dmg at My appointment expues APPROVED AS TO FORM ROGER A LUBOVICH City Attorney ACCEPTED tlus day of December, 2010 by GRANTEE 190 Pacific Avenue LLC By Its T Wrr R�ghts Esscment 190 Panfia Avmue LLC doc A[R RIGHTS EASEMENT - Page 4 of 5 EXHIBIT A CITY RIGHT-OF-WAY r THE R1GHT-OF-WAY OF PACIFIC AVENUE (209') AND 2 STREET (413'+/-) WERE CREATED AND DEDICATED TO THE PUBLIC BY THE PLAT OF "THE TOWN OF BREMERTON" BLOCK, ►N 1891 AND RECORDED IN VOLUME 2 OF PLATS, PAGE 30, RECORDS OF KITSAP COUNTY, WASHINGTON GRANTEE'S PROPERTY RESULTANT PARCEL 1 OF BOUNDARY LINE ADJUSTMENT RECORDED UNDER AUDITOR'S FILE NO 201007080036, RECORDS OF KITSAP COLJNTY, WASHINGTON, DESCRIBED AS FOLLOWS LOTS 4, 5, 6, AND 7, BLOCK 9, OF THE PLAT OF THE TOWN OF BREMERTON, AS RECORDED IN VOLUME 2 OF PLATS, PAGE 30, RECORDS OF KITSAP COUNTY, WASHINGTON, SITUATE IN GOVERNMENT LOT 3, SECTION 13, TOWNSHIP 24 NORTH, RANGE 1 EAST, W M, IN KITSAP COUNTY, WASHINGTON, TOGETHER WITH THE NORTHERLY 6 FEET OF LOT 3, AND TOGETHER WtTH THE VACATED 14 FOOT WIDE ALLEY LYING TO THE EAST OF SAID LOTS AIR RIGHTS EASEMENTS THAT PORTION OF THE AIRSPACE ABOVE PACIFIC AVENUE AND 2ND STREET LYING BETWEEN ELEVATION 15 AND 30 FEET (ELEVATION MEASURED FROM THE BUILDINGS NW CORNER AT THE SIDEWALK AS 0-FEET), WHICH FRONTS ON THE WEST LINE LOTS 3 THROUGH 7 AND LOT 7 ON THE NORTH LINE, INCLUSIVE BLOCK 9, PLAT OF THE TOWN OF BREMERTON AS RECORDED IN VOLUME 2 OF PLATS, PAGE 30, RECORDS OF KITSAP COUNTY, WASHINGTON, SITUATE IN GOVERNMENT LOT 3, SECTION 13, TOWNSHIP 24 NORTH, RANGE 1 EAST, W M, KITSAP COUNTY WASHINGTON, MORE PARTICULARLY DESCRIBED AS FOLLOWS BEGINNING AT THE INTERSECTION OF THE EASTERLY RIGHT-OF-WAY OF PACIFIC AVENUE AND THE SOUTHERLY RIGHT-OF-WAY OF 2�' STREET, ALSO BEING THE TRUE POINT OF BEGINNING, THENCE SOUTHERLY ALONG THE SAID EASTERLY RIGHT-OF-WAY OF PACIFIC AVENUE 126 FEET, THENCE WESTERLY AND PERPENDICULAR 4 FEET, THENCE NORTHERLY, PARALLEL WITH SAID EASTERLY RIGHT-OF- WAY 126 FEET, THENCE EASTERLY AND PERPENDICULAR WITH SAID EASTERLY RIGHT OF WAY 4 FEET TO THE TRUE POINT OF BEGINNING BEGINNING AT THE INTERSECTION OF THE EASTERLY RIGHT OF WAY OF PACIFIC AVENUE AND THE SOUTHERLY RIGHT-OF-WAY OF 2 STREET, ALSO BEING THE TRUE POMT OF BEGINN[NG, THENCE LEAVING SAID SOUTHERLY RIGHT OF WAY, WESTERLY 4 FEET, BEING AN EXTENSION OF THE SAID SOUTHERLY RIGHT OF WAY, THENCE NORTHERLY AND PERPENDICULAR WITH SAID SOUTHERLY RIGHT OF WAY 4 5 FEET, THENCE EASTERLY AND PARALLEL WITH SAID SOUTHERLY RIGHT OF WAY 114 FEET, THENCE SOUTH 4 5 FEET AND PERPENDICULAR WITH SAID SOUTHERLY RIGHT OF WAY, THENCE WESTERLY ALONG SAID SOUTHERLY RIGHT-OF-WAY 114 FEET TO THE TRUE POINT OF BEGINNING AIR RIGHTS EASEMENT - Page 5 of 5 E �f�i�i r r� � — — � �� � i,,,� 2ND STREET —c _ _ � � � 4 PU�i 4 � ' y � �i � / � �� I I t � �l - � � �, ~ , , -- `�' ' E � SE;�1EIvT ; + �� � �, � � 'i �- -- — � � I9U i � P��C I(� (C I � � > 4 i U � i � � r ` � � - -, �� ---� �{�, � a�. � — ----� �, .� � �// y � Z � ! � �u� (:I��(If�Ea�l\if\� ��,,,,�,c- DATE SUBMITTED December 1, 2010 AGENDA BILL CITY OF BREMERTON CITY COUNCIL ........... ...........................................................................� �ese luki o� 3 i1 q SUBJECT: ontract for ol�d Waste, Committee Meet�ng Date December 8, 2010 Recycl�ng, and Compostable Orgamcs, and COUNCIL MEETiNG Date December l5, 2010 Disposal with Waste Management of Department Public Works and Washington, Inc Uhlities Presenter _��111L�r►� R Ir�+��� Phone 473 S3/5� Towt Knkt,�ey SUMMARY: The contract for solid waste collechon and disposal ends at the end of 2010 This contract is for the next eight years with an ophon to extend for an addihonal year twice The contract proposes no rate mcrease for 2011, a 3 5% increase in 2012 and 2013, and reverts to a CPI increase in 2014 The contract requires a resolution for compliance w�th RCW requirements As part of this contract, new carts for household garbage, recycimg, and yard waste would be delivered in the first few months of 2012 In addihon, the contract establishes an annual clean-up day for residents to dispose of items at locations throughout the City ATTACHMENTS: Resolution No 3129, and Contract FISCAL IMPACTS (Include Budgeted Amount) No impact upon the city budget APPROVALS: DEPARTMENT DIRECTOR �w CITY ATTORNEY FINANCE DIRECTOR ` � ' MAYOR COMMITTEE CHAIR �eQ uk�Q/ � , COUNCIL PRESIDENT CONSENT AGENDA ( GENERAL BUSINESS (J PUBI,IC HEARING RECOMMENDED MOTION. Move to adopt Resoluhon No 3129 authonzmg the Mayor to final�ze and execute a contract with Waste Management of Washmgton, Inc dba Brem-A�r Disposal, a Wash�ngton corporat�on, for solid waste collecrion and recycl�ng p�ck-up serv�ces with substant�ally the same terms and conditions as presented COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action RESOLUTION NO. I�� A RESOLUTION of the City Council of the City of Bremerton, Washington, approvmg and authonzing a contract with Waste Management of Washington, Inc dba Brem-Air Disposal for solid waste collecrion and recycling pick-up services WHEREAS, the Crty of Bremerton, a Washmgton municipal corporation (the "City"), has negotiated with Waste Management of Washmgton, Inc dba Brem-Air Disposal, a Washington corporation (the "Contractor"), for sohd waste collection and recycling pick-up services, and WHEREAS, solid waste collection service is a fundamental mumcipal function wrth umform, managed collection necessary for the preservation of public health, and WHEREAS, the Contractor represents that it has the expenence, resources, and expertise necessary to perform solid waste collection services, and WHEREAS, pursuant to RCW 35 21 120 the City has enacted ordinances codified m the City's Mumcipal Code which created a system for the orderly collection and disposal of Garbage withm the City of Bremerton, and WHEREAS, the City Council finds that by entenng into this contract for the collection of Recyclables and Garbage, the citizens of the City will receive a greater vanety of Garbage services at more stable rates, and WHEREAS, the City and Contractor have negotiated a mutually advantageous proposal for providmg solid waste collection services and the City Council has determined that the City should enter into a contract wtth Contractor for the collection and disposal of Garbage, recycling and yard debns withm the, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS SECTION 1. The recitals set forth above are hereby incorporated as if set forth herein m full SECTION 2 The process used to determine the contract award to Waste Management, Inc dba Brem-Air Disposal is advantageous to the City of Bremerton SECTION 3 That the Mayor is hereby authonzed to sign a contract with Waste Management of Washington, Inc dba Brem-Air Disposal, a Washmgton corporation, for solid waste collection and recycling pick-up services referenced in this resolution `1 ,' Waste Management SECTION 4 Severabality If any one or more sechons, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaming portion of this Resolution and the same shall remam m full force and effect SECTION S. Effective Date T'his Resolution shall take effect and be in force immediately upon its passage � PASSED by the City Council of the Crty of Bremerton, Washington this day of , 2010 NICK WOFFORD, Counctl President APPROVED AS TO FORM ATTEST ROGER A LUBOVICH, City Attorney CAROL ETGEN, City Clerk R\Legal\Legal\Resolut�ons\Publ�c Works\Waste Management Contract doc 2 Waste Management CONTRACT FOR SOLID WASTE, RECYCLING, AND COMPOSTABLE ORGANICS COLLECTION, AND DISPOSAL BETWEEN THE CITY OF BREMERTON, WASHINGTON AND WASTE MANAGEMENT OF WASHINGTON, INC. dba BREM-AIR DISPOSAL RECITALS 1 DEFINITIONS 2 ARTICLE 1 5 AGREEMENT, TERM 5 11 AGREEMENT 5 12 TERM 5 1 3 MANDATORY SERVICE 5 1 4 EXCLUSIVE RIGHT, FRANCHISE ENFORCEMENT 5 ARTICLE II g GENERAL OPERATIONS 6 21 COLLECTION 6 211 GENERAL g 2 1 2 COLLECTION SCHEDULE 6 2 1 3 COLLECTION LOCATIONS 6 2 1 4 COLLECTION FROM SENIORS OR PHYSICALLY CHALLENGED 6 2 1 5 DANGEROUS ANIMALS g 2 1 6 EMPLOYEES TO USE WALKS IF CARRY-OUT SERVICE DIRECTED 7 2 1 7 EMPLOYEES NOT TO TRESPASS 7 2 2 CONTRACTOR TO MAKE EXAMINATION 7 2 3 EMPLOYEES 7 2 3 1 NON-DISCRIMINATION 7 2 3 2 OSHANVISHA g 2 3 3 COMPLIANCE WITH LAWS g 2 3 4 EMPIOYEES TO BE COURTEOUS, ETC g 2 4 COMPANY NAME g 2 5 CONTRACTOR'S OFFICES g 2 6 PERMITS g u 2 7 PUBLIC UTILtTIES 8 2 8 LOADING $ 2 9 CLEANUP OF SPILLS 9 2 10 DISRUPTION OF COLLECTION 9 2 10 1 DISRUPTION OF COLLECTION DUE TO WEATHER 9 2 10 2 HOLIDAY SCHEDULES 9 2 10 3 MISSED AND MAKEUP COLLECTIONS 9 2 11 COLLECTION EQUIPMENT 9 2 12 1 RESERVE EQUIPMENT 10 2 12 2 PAINTING AND CLEANING OF VEHICLES 10 213 SUBCONTRACTORS 10 2 14 METHOD OF DISPOSAL 10 2 15 SERVICE TO CITY FACILITIES 10 2 16 SERVICE AREA 11 2 17 CARTS AND CONTAINERS 11 2 18 DELIVERY OF NEW MULTI-FAMILY & RESIDENTIAL CARTS 11 ARTICLE III 11 REPORTING REQUIREMENTS 11 3 1 REPORTING REQUIREMENTS 11 3 1 1 ANNUAL PROGRAM REPORTS 11 3 2 CONTRACTOR'S RECORDS, ACCESS INSPECTION 12 3 3 MONTHLY REPORT 12 ARTICLE IV 12 INSURANCE AND SAFEGUARDS 12 4 1 INSURANCE AND SAFEGUARDS 12 4 1 1 GENERAL REQUIREMENTS 12 4 1 2 ADDITIONAL INSURANCE 12 m 413 CONTINUANCE 12 414 COVERAGES 13 4141 ENDORSEMENTS 13 4 1 4 2 MINIMUM LIMITS 13 4 1 5 OTHER INSURANCE PROVISIONS 13 4 1 5 1 MINIMUM SCOPE OF INSURANCE 13 41 5 2 ACCEPTABILITY OF INSURERS 13 4 1 5 3 CONTRACTOR'S INSURANCE PRIMARY 13 4 2 PERFORMANCE BOND 14 4 3 INDEMNIFICATION AND HOLD HARMLESS AGREEMENT 14 4 3 1 INDEMNIFICATION 14 4 3 2 WAIVER OF RCW T�TLE 51 14 4 4 COMPLIANCE REQUIRED 14 4 5 SURVIVAL 14 ARTICLE V 15 GARBAGE COLLECTION 15 5 1 GARBAGE COLLECTION 15 511 CARTS 15 5 1 2 BULKY ITEMS AND WHITE GOODS 15 ARTICLE VI 15 CITY CLEANUP DAYS 15 6 1 ANNUAL CITY CLEAN UP 15 ARTICLE VII 16 RECYCLE MATERIALS COLLECTION 16 7 1 GENERAL RECYCLING PROVISIONS 16 7 2 RECYCLING CARTS 16 ARTICLE VIII 16 iv YARD/FOOD DEBRIS 16 8 1 COMPOSTABLE ORGANICS COLLECTION 16 ARTICLE IX 16 COMPENSATION 16 9 1 CITY ADMINISTRATIVE FEES 16 9 2 CONTRACTOR RATES 17 9 3 CPI ADJUSTMENT 17 9 4 OTHER SOLID WASTE COLLECTION SERVICES 17 9 5 PASS THROUGH OF DISPOSAL 8� PROCESSING FEE INCREASES 17 9 6 ROLL OFF DISPOSAL FEES 17 9 7 COSTS OF AN UNCERTAIN NATURE 18 ARTICLE X 18 BILLING SERVICES 18 10 1 CONTRACTOR BILLING 18 10 2 LIEN FOR NON-PAYMENT 19 ARTICLE XI 19 DEFAULTS 19 111 TERMINATION 19 11 2 LIQUIDATED DAMAGES 19 ARTICLE XII 20 ANNEXATION 20 12 1 FRANCHISE RIGHTS/ANNEXATION 20 ARTICLE Xill 20 MISCELLANEOUS 20 131 NON-WAIVER 20 v 13 2 NOTICES 21 13 3 SEVERABILITY 21 13 4 ENTIRE AGREEMENT 21 13 5 CHANGE IN SERVICE 21 13 6 ASSIGNMENT 21 13 7 FORCE MAJEURE 21 13 8 APPLICABLE LAWNENUE 22 13 9 INDEPENDENT CONTRACTOR 22 1310 SUBCONTRACTING 22 13 11 TAXES AND FEES 22 13 12 INSOLVENCY, RIGHT TO TERMINATE CONTRACT 22 1313 RESERVATION OF MUNICIPAL AUTHORITY 22 13 14 SUCCESSORS AND ASSIGNS 22 13 15 CORPORATE AUTHORITY 23 13 16 DISPUTE RESOLUTION 23 vi � CONTRACT FOR SOLID WASTE, RECYCLING, AND COMPOSTABLE ORGANICS COLLECTION, AND DISPOSAL BETWEEN THE CITY OF BREMERTON, WASHINGTON AND WASTE MANAGEMENT OF WASHINGTON, INC. dba BREM-AIR DISPOSAL RECITALS WHEREAS, the City of Bremerton, a Washmgton mumcipal corporation (the "City"), has negotiated with Waste Management of Washmgton, Inc dba Brem-Air Disposal, a Washmgton corporation (the "Contractor"), for solid waste collection and recyclmg pick-up services, and WHEREAS, solid waste collection service is a fundamental mumcipal function with umform, managed collection necessary for the preservation of public health, and WHEREAS, Contractor represents that it has the expenence, resources, and expertise necessary to perform solid waste collection services, and WHEREAS, pursuant to RCW 35 21 120 the City has enacted ordmances codified m the City's Mumcipal Code which created a system for the orderly collection and disposal of Garbage wrthm the Crty of Bremerton, and WHEREAS, the City Council finds that by entenng mto thts contract for the collection of Recyclables and Garbage, the citizens of the City will receive a greater variety of Garbage services at more stable rates, and WHEREAS, the City and Contractor have negotiated a mutually advantageous proposal for providmg solid waste collection services and the Crty Council has determined that the Crty should enter mto a contract with Contractor for the collection and disposal of Garbage, recycling and yard debns w�thm the City, NOW, THEREFORE,IN CONSIDERATION OF THE MUTUAL BENEFITS AND COVENANTS STATED HEREIN THE PARTIES AGREE AS FOLLOWS 1 DEFINITIONS For the purposes of this Contract the followmg terms shall have the following meamngs Ad�stment Date means the date that occurs annually on January 1 Administrative Fee means a monthly fee remitted to the City from the Contractor Bulky Waste/Items Couches, chairs, mattresses, appliances and other large items that do not fit mto the standard Residential or Commercial Garbage truck Cart means Contractor owned wheeled cart that is a plastic container with 20, 35, 64 or 96 gallons of capacity, designed for and used with a hydraulic liftmg mechanism, fitted with a sturdy handle and a cover, must be rodent and insect resistant, and be capable of holding collected liquids without spilling when in an upnght position Can be used for garbage, orgamcs and recyclable collechon Carrv Out/Pack Out Service Seniors or physically challenged persons can request a carry out/pack out service up to 50 feet from the contractor's truck, without extra charge The request must be in wntmg with the explanation as to the reason for this service The household cannot have an able bodied person living m the home Carry Out/Pack Out service is offered to all other customers for a fee, as set forth m Exhibrt A, based on a 50 ft maximum from Contractor's truck Citv The City of Bremerton, Washmgton Commercial/Indusfial Customers Non-Residential customers mcludmg businesses, institutions, governmental agencies, and all other users of commercial type Garbage collection services Commercial Recyclmg Customers Commercial/Industnal customers who voluntarily sign up for this service Compostable Or a�cs Means any orgamc waste matenals that are source separated from Garbage for collection, such as Yard Debris and Food Waste Contractor Waste Management of Washmgton Inc dba Brem-Air Disposal, which has contracted with the City of Bremerton to collect, process, market and transport Garbage/Solid Waste, Recyclable Matenals, and Yard Debns withm the City limits Countv Kitsap County, Washington Contract Admimstrator The Public Works & Utilrties Director or a person designated by that mdividual Curb or Curbside The area withm five (5) feet of the public street or alley where regular collection occurs If safe access is difficult or extraordmary circumstances preclude such a location, 2 curbside shall be considered a placement suitable to the resident, convement to the Contractor's equipment, and mutually agreed to by the Admimstrator and Contractor Food Waste All compostable pre- and post-consumer food scraps, such as whole or partial pieces of produce, meats, bones, cheese, bread, cereals, coffee grounds and egg shells, and food- soiled paper such as paper napkins, paper towels, paper plates, coffee filters, paper take-out boxes, pizza boxes, paper milk cartons or other paper products accepted by the Contractor's selected composting site Foodscraps shall not include large dead animals, plastics, diapers, cat litter, liquid wastes, pet wastes or other matenals prohibited by the selected composting facility Garba�e/Solid Waste All putrescible and nonputrescible solid and semi-solid wastes, mcluding, but not limited to, rubbish, ashes, mdustnal wastes, swill, demolihon and construction wastes, and discarded commodities that are placed by customers of the Contractor m appropnate bins, bags, cans or other receptacles for collection and disposal by the Contractor The term Garbage shall not mclude Hazardous Wastes, Special Wastes, source-separated Recyclables or Compostable Orgamcs Disposal Fee The fee charged by the Contractor for the disposal of any Garbage or Solid Waste Hazardous Waste The waste, matenal or substance that is not excluded from regulation as "hazardous waste," "hazardous substance," or "dangerous waste" by apphcation of regulations adopted by the Umted States Environmental Protection Agency or the Washmgton State Deparhnent of Ecology and that now or hereafter (a) is required to be dealt with as a hazardous waste under regulations promulgated by the Umted States Environmental Protection Agency at 40 CFR part 261, or (b) contams a radioactive matenal the storage or disposal of which is regulated by state or federal law or regulation, or (c) is designated a"dangerous waste" or "extremely hazardous waste" by regulations adopted pursuant to Chapter 70 105 RCW, or (d) is required to be dealt with as a hazardous substance under chapter 70 lOSD RCW and regulations promulgated by the Washmgton Department of Ecology at chapter 173-340 WAC Inaccessible Area Any road that does not allow safe access, turn-around, clearance or does not meet the weight requirements for the trucks Mixed Paper Magazmes, �unk mail, phone books, bond or ledger grade paper, cardboard and paper board packaging Tissue paper, paper towels, and frozen food contamers are excluded Multi-Famil� Residence All multiple-umt Residences including apartments, condommiums, town houses, and mobile home parks with three (3) or more dwellmg umts (or any complex that is billed as a group), where single family collection service is not convemently provided Public Street A public nght a way used for public travel and owned by the City 3 Recvclable Matenal Aluminum cans, Clean glass contamers, clear, amber and green (no ceramic or window glass), Mixed paper, mail, magazines, catalogs, phone books, computer paper, white and colored ledger and corrugated cardboard (no larger than 2 feet by 3 feet), Newspaper and mserts, or Clean plastic bottles, milk �ugs and dairy tubs The City and the Contractor can negotiate any delehon or additions to the Recyclable Matenals list Non-Re�ular Scheduled/Temporarv Service means, any non-permanent, temporary service requested by a customer and available by the Contractor to bill for These requested services will be provided by the Contractor and billed directly to the customer by Contractor City will refer these types of service requests to Contractor for set up, service schedulmg and billing Recvclin� Carts A Contractor-owned and provided labeled cart suitable for on-site collection and/or storage of source-separated Recyclables and Yard Debns at Residential and Multi- Family locations Residence A living space mdividually rented, leased, or owned Service Area The municipal boundaries of the City both now and as they may be expanded by annexation dunng the life of the contract, sub�ect to the provisions of RCW 35 13 280 Single Family Residence All single unit houses, duplexes, and mobile homes where service is billed to the indrvidual customer Single Stream Recycling also known as "fully co-mmgled" recycling refers to a system in which all Recyclable Matenals are placed together m the same Recycling Cart, mstead of bemg sorted mto separate commodities by the resident �ecial Waste The term "Special Waste" means polychlonnated biphenyl ("PCB") wastes, industnal process wastes, asbestos contaming matenals, petroleum contaminated soils, treated/de- charactenzed wastes, mcmerator ash, medical wastes, demolition debns and other matenals requinng special handling in accordance with applicable federal, state, county or local laws or regulahons Yard Debns Leaves, grass and clippmgs of woody, as well as fleshy plants Unflocked whole holiday trees are acceptable Matenals larger than four (4) mches in diameter or four (4) feet m length are excluded Bundles of Yard Debns up to two (2) feet by two (2) feet by four (4) feet in dimension shall be allowed and shall be secured by degradable stnng or twme, not nylon or other synthetic matenals Kraft paper bags and untied reusable bags may be used to contain Yard Debns 4 ARTICLE I AGREEMENT, TERM � 11 A�reement The City of Bremerton (hereinafter referred to as "City"), hereby agrees that Waste Management of Washington Inc dba Brem-Air Disposal (heremafter referred to as"Contractor"), shall have the exclusive nght to collect Garbage/Solid Waste, Recyclable Matenal and Compostable Organics within the city limits, to the extent allowed by law, including all work mcidental thereto, upon the terms and conditions set forth below 12 Term The term of this Contract is eight years, startmg January 1, 2011, and expinng December 31, 2018 The parties may, by mutual agreement, extend the agreement for two (2) successive penods of two (2) years each Any such extension shall be under the onginal terms and conditions of this Contract, unless modified To exercise the option to extend this Contract, the parties shall agree m wnting not less than 180 days pnor to the then expinng Contract term 1 3 Mandatorv Service Collection of Garbage withm the Crty is mandatory for all Residential, Multi-Family and Commercial customers The City and the Contractor must mutually agree on any exemptions from service The City and Contractor will cooperate to develop a policy to deal with customers who wish to temporarily suspend collection service for vacations 1 4 Exclusive Ri�ht, Franchise Enforcement The City does hereby grant to Contractor the exclusive duty, nght and pnvilege to collect and dispose, process and market or otherwise handle all residential, commercial, and mdustnal Solid Waste generated, deposited, accumulated or otherwise coming to exist in the City, and all residential/multi-family Recyclable Matenals and Compostable Organics generated, deposited, accumulated or otherwise coming to exist in the City All residenrial premises, mulhfamily complexes, and commercial and mdustnal businesses withm the City shall be required by City to utilize the Residential/Multi-family recyclmg collection services and the Solid Waste collechon services of Contractor When asked by the Contractor, the City shall use its best efforts to protect this nght of the Contractor, however, the City shall not be obligated to �om or instigate litigation to protect the nght of the Contractor The Contractor may independently enforce the exclusive nghts under this Contract against third party violators, mcluding but not limrted to seeking m�unctive relief, and the City shall use good faith efforts to cooperate with Contractor in Contractor's actions to enforce such nghts (without obligatmg the City to �om any litigation imtiated by Contractor) 5 ARTICLE II GENERAL OPERATIONS 21 Collection 211 General The services to be performed consist of the collection of all Garbage, Recyclable Matenal, and Compostable Orgamcs herein referred to which occur withm the City of Bremerton and disposal or recyclmg thereof The collection of Hazardous Waste is not mcluded withm the scope of this Agreement, and Contractor shall be under no obligation to collect any Hazardous Waste Nothing herem is intended to prevent Contractor from collectmg, transportmg and/or disposmg of any non-hazardous or hazardous toxic waste m accordance with applicable federal and state requirements and regulations, so long as such actions are performed separate and apart from any action taken m the performance of this Agreement 2 1 2 Collection Schedule The collection of Garbage, Recyclable Matenals and Yard Debns from Smgle Family and Multi-Family customers withm the City shall be between the hours of 7 00 AM and 6 00 PM The collection of Commercial customers will be between the hours of 5 00 AM and 6 00 PM 2 1 3 Collection Locations Contractor shall collect Garbage, Recyclable Matenals and Compostable Orgamcs at Curbside from all Single Family Residences Contractor may refuse to pick up matenals at locations identified by Contractor and approved by the City, actmg reasonably, where, because of the conditions of the streets, alleys or roads, it is impractical to operate vehicles, and may refuse to dnve mto pnvate property where dnveways or roads are without adequate turnarounds or have other unsafe conditions Contractor shall collect Garbage, Recyclable Matenals and Compostable Organics from Commercial customers and Multi-family Residences at a locahon mutually agreed upon by the Contractor and the customer, m areas with the least slope and best truck access possible and which allow Contractor to safely and easily access collection contamers 2 1 4 Collection from Seniors or Phvsicallv Challen�ed The Contractor shall offer carry-out service for Garbage, Recyclables and Compostable Organics to households lacking the ability to place contamers at the Curb, at no additional charge The Contractor shall use qualification cntena that are fair and meet the needs of the City's semor or disabled residents However, exemptions may be granted m wntmg by the Contractor to accommodate the special needs of customers These cntena shall comply with all local, state and federal regulations, and shall be sub�ect to City review and approval pnor to program implementation 2 1 5 Dangerous Ammals Contractor will not be required to enter into pnvate property to pick up matenals while an ammal considered or feared to be vicious is loose 6 2 1 6 Emplo�es to Use walk ways if Carry-out Service Directed Employees, in collecting Garbage and Recyclable Matenals, shall follow the regular walk ways for pedesmans while on pnvate property returnmg to the street or alley after replacmg empty cans They shall also replace all Garbage cans and covers and close all gates opened by them All employees shall wear clean clothmg or umforms 2 1 7 Emplo� es Not to Trespass Employees shall not trespass or loiter, cross property to an ad�oming premise, or meddle with property which does not concern them 2 2 Contractor to Make Exammation Contractor shall make its own exammation and investigation regarding the proper method of domg the work and all conditions affecting the work to be done, and the labor, equipment and matenals needed therefore and the quantity of work to be performed Contractor agrees that it is sahsfied wrth its own inveshgation and research, and will make no claim against Crty because of any of the estimates, statements, or interpretations made by any officer or agent of the City This Agreement is for the benefit of the parties thereto and is not intended to mure to the benefit of any third party 2 3 Em�lovees All workers employed by Contractor shall be competent and skilled in the performance of the work to which they may be assigned All dnvers must have a C D L"B" or "A" license and a current medical card Failure or delay m the performance of this Contract due to Contractor's mability to obtain workers of the number and scope required, shall constitute a default of this contract 2 3 1 Non-Discnmination The Contractor will not discnmmate agamst any employee or applicant for employment because of age, race, religion, creed, color, sex, mantal status, sexual onentation, political ideology, ancestry, national origin, or the presence of any sensory, mental or physical handicap, unless based on a bona fide occupational qualification The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated dunng employment, without regard to their creed, religion, race, color, sex, marital status, sexual orientation, political ideology, ancestry, national ongin, or the presence of any sensory, mental or physical handicap Such action shall include, but not be limited to the followmg Employment upgradmg, demotion or transfer, recruitment or recruitment advertising, layoff or termmation, rates of pay or other forms of compensation, and, selection for traimng, includmg apprenticeship The Contractor agrees to post m conspicuous places, available to employees and applicants for employrnent any required notices setting forth the provisions of this nondiscnmmation clause Contractor understands and agrees that if rt violates this nondiscnmination provision, this contract may be termmated by the City and further that the Contractor shall be barred from performing any services for the Crty now or in the future, unless a showmg is made satisfactonly to the City that discnminatory practices have terminated and that recurrence of such action is unlikely � 2 3 2 OSHA/WISHA Conditions of the Federal Occupational Safety and Health Act of 1970 (OSHA), the Washington Industnal Safety and Health Act of 1973 (WISHA), and standards and regulations issued under these Acts from time-to-time must be complied with The Contractor shall indemmfy and hold harmless the City from all damages assessed for the Contractor's failure to comply with the acts and standards issued thereunder The Contractor �s also responsible for meetmg all pertment local, state and federal health and environmental regulations and standards applymg to the operation of the collection processmg system 2 3 3 Compliance wrth Laws Contractor agrees to comply, at its own expense, with all applicable State, Federal and Local laws, rules and regulations, including, but not limited to, all applicable laws regardmg wages 2 3 4 Em,klovees to be Courteous, Etc Employees of Contractor shall be courteous at all times and not use loud or profane language and shall do their work as quietly as possible 2 4 Compan,�Name Contractor shall not use a firm name containing any words implymg municipal ownership or mcluding the name of the City 2 5 Contractor's Offices Contractor shall be required to mamtam a local access telephone number or a 800 number which meets the approval of the City, and such attendants as may be necessary to take care of complamts, as well as orders for special service or to receive mstruction The attendant shall be on duty between the hours of 8 00 a m and 5 00 p m, Monday through Fnday, except holidays At such times as the office is closed, a recorder shall be m operation 2 6 Permrts Contractor shall take out and pay for any busmess license or other fee required by the City or any other governmental authonty which may be required to provide the services under this Contract 2 7 Public Utilities Contractor shall be obligated to protect all public and pnvate utilities whether occupymg street, public or pnvate property If such utilities are damaged by reason of Contractor's operations under this Contract, he shall repair or replace same 2 8 Loadm� Extra care shall be taken m the loadmg and transportmg of Garbage, Recyclables, Compostable Organics and other wastes so that the matenal to be collected is not left either on pnvate property or on the streets or alleys Any Garbage, Recyclables, Compostable Orgamcs or other wastes le$ on pnvate property or on streets or alleys spilled by Contractor shall be cleaned up within a reasonable timeframe 8 2 9 Cleanup of Spills Contractor shall be responsible for the cleanmg up of all debns spilled or tracked on any street, alley or public place by any of his employees or equipment 2 10 Disruption of Collection 2 10 1 Disruption of Collection Due to Weather When weather conditions are such that continued operation would result in danger to the Contractor's staff, area residents, or property, the Contractor shall collect only m areas that do not pose a danger The Contractor shall notify the City, on the same busmess day, of the areas notserved The Contractor shall collect Garbage, Recyclables and Yard Debns from customers with mterrupted service on their next scheduled service day Extra Garbage will not be charged for as long as it does not exceed double their normal service 2 10 2 Holiday Schedules The Contractor shall designate which holidays will be observed and indicate the schedule that will be worked if the holiday falls on a regular collection day The holiday schedule for the next year shall be provided m wntmg by the Contractor to the City When the day of regular collection is a legal holiday, the Contractor may reschedule the service to the next day, example Monday to Tuesdays, Tuesday to Wednesday, Wednesday to Thursday, Thursday to Fnday and Fnday to Saturday The Contractor may not collect Residential Garbage, Recyclables or Yard Debns earlier than the regular collection day due to a holiday Commercial collections may be made one day early only with the consent of the Commercial Customer 2 10 3 Missed and Makeup Collections If the Contractor fails to collect a customer's Garbage, Recyclable Matenal or Compostable Organics which have been properly and timely set out for collection dunng a regularly scheduled collection, other than as provided m Section 2 10 1 or 2 10 2, the Contractor shall make a special make up collection within 24 hours (or one business day) of notification by the Crty or customer This sechon applies to omrtted collechons of a smgle residence, a row of residences, or an entire route If Contractor fails to provide a special pickup for a missed collection withm twenty-four (24) hours (or one busmess day) after notification by the Contract Admimstrator or customer, the Contract Administrator may cause the work to be done and the Contractor shall fully reimburse the City for its collection expenses 2 11 Collection Equipment Contractor shall possess or demonstrate to the City's reasonable sahsfaction that it has available to it adequate equipment and vehicles, including reserve or replacement vehicles and equipment, sufficient to perform the services required of Contractor herein Contractor shall mamtam all trucks and equipment used withm the City in good mechamcal condition and the same shall be clean, numbered and uniformly painted All truck bodies used by Contractor shall be constructed of inetal and shall be watertight and leak proof Each vehicle used by Contractor shall carry at all times a broom and shovel or other item appropnate for use in the prompt 9 removal of any spilled material All vehicles used by Contractor shall have adequate coverage at all times to prevent the spillage of Solid Waste 2 12 1 Reserve Equipment The number and type of collection vehicles, including back up or reserve equipment m event of equipment failure, furnished by Contractor, shall be sufficient for the collection of all Garbage, Recyclable Matenals and Yard Debns Contractor shall make available for rental detachable contamers which meet all applicable safety requirements 2 12 2 Paintmg and Cleamng of Vehicles Collection vehicles shall be painted and numbered and shall have the Contractor's name and number of the vehicles painted m letters of a contrasting color, at least four (4) inches high on each side of each vehicle No advertismg shall be permitted other than the name of the Contractor All vehicles shall be kept m a clean and samtary condition 213 Subcontractors Contractor may not subcontract any portion of the services required by this Contract without the specific wntten consent of the Contract Administrator, which shall not be unreasonably withheld Such consent shall not relieve Contractor from its responsibilities under this Contract for the services performed by a subcontractor 2 14 Method of Processmg and Disposal Contractor shall deliver all Garbage, Recyclable Matenals and Commercial Organics collected under the Contract to permitted facilities of its choosmg, as approved by the Kitsap Solid Waste and Kitsap Health Department, for the processmg or disposal of such matenals 2 15 Service to Crty Facilities As partial consideration for this Contract, Contractor shall provide free collection service of Garbage and Recyclables from all Mumcipal Buildmgs, Parks and other City facilities as descnbed below where city employees are the pnmary occupants that requires can, cart or frontload steel containers (1-yd to 8- yd )(dirt, concrete, asphalt, gnt, road work and construction matenals are excluded) All locations must be accessible to contractors trucks Nortn Dicks Gov Center (Based on Square footage the Cities portion is deducted from the bill to Kitsap Health Dept ) Bremerton Naval Museum Fire Stations (inside City limits) City Parks Public Works & Utilrties Facilrties Police Dept Wastewater Treatment Facilities (excludmg Bio-Solids) City Library Semor Center Black Berry Festival Arm Forces Day Parade Street cans (as needed, Monday through Fnday, 10 feet from truck access) Gold Mountain Golf Course lo If there is a matenal mcrease in the number of City facilities dunng the term of this Contract, then the Parties shall meet and confer m good faith to negotiate an appropnate ad�ustment to Contractor's rates set forth herein Roll Off collection services requested by the City will be charged according to the Rate Schedule minus ten (10) per cent discount on the hauling portion of the rate 2 16 Service Area The Contractor shall provide all services pursuant to this Contract within the City Service Area 2 17 Carts and Contamers Contractor shall retain ownership of any Carts or other contamers provided by Contractor in performmg the services under this Contract Cart delivenes (for new or replacement Carts) shall be sub�ect to the service rate schedule m Exhibit A Contractor shall deliver Carts necessary to meet the service requirements set forth under this Contract upon a delivery schedule to be mutually agreed upon by the contractor and the City 2 18 Delivery of New Multi-Family and Residenhal Carts Contractor shall deliver new Carts to Multi-Family, Residential Solid Waste and Residential Recycling customers dunng the second quarter of 2012 ARTICLE III REPORTING REQUIREMENTS 3 1 Reportmg Requirements The Contractor will be required to keep records and submit them to the City as specified below The mimmum reportmg requirements set forth below are sub�ect to modification, and shall mclude 3 1 1 Annual Pro r�ports The Contractor shall submit Annual program reports for the length of the Contract penod commencing upon the initial day of the Contract These reports shall be completed by January 31 for the previous calendar year The City may request program reports at any time dunng the calendar year but allowing the Contractor 30 days to prepare the reports These reports shall clearly mdicate individual totals for smgle family, multi family and Commercial collection At a minimum, the reports shall include a Monthly summary of Recyclable Matenals and Compostable Organics by tonnage, collected and recovered (not disposed of at landfill), by customer category b Residential Recycle participation (Count customers twice a year, Apnl and October) c Monthly summary of solid waste tonnage, by customer category d Customer complaint report, missed pick ups, missed delivenes, etc 11 e Report the overall Service Machine Score of the company based on 1 error per 1,000 services for the reportmg penod 3 2 Contractor's Records, Access Inspection The City shall have the nght to mspect and copy all books, records and documents, and to mterview any person, and to review any evidence m Contractor's possession and control that may assist the Crty in determimng whether the Contractor is m compliance wrth the Contract Contractor shall retam all records relevant to determimng its compliance with this Contract for a penod of five years after termmation 3 3 Monthly Report Contractor shall, on a monthly basis, provide the City with a report of all Smgle Family, Multi-family, or Commercial umts withm the City who did not subscnbe to collection service dunng the pnor month, so that the City can investigate such accounts for compliance with the City's mandatory service ordmance ARTICLE IV INSURANCE AND SAFEGUARDS 4 1 Insurance and Safeguards 4 1 1 General Requirements Subsequent to the award but pnor to the execuhon of this Contract, the Contractor at its own expense shall obtain and file with the City a Certificate of Insurance evidencmg general comprehensive liability insurance coverage (mcludmg all of the coverages set forth below) This Certificate of Insurance shall be sub�ect to approval by the City as to company, terms and coverages All msurance shall be wntten on an occurrence basis 412 AdditionalInsurance Contractor's liability insurance must specifically name the City as an additional insured thereunder and must fully protect the City from any and all claims, nsks and losses m connection with any activities or omissions by the Contractor by virtue of this Contract 413 Contmuance Contractor's liability msurance must be maintained in full force and effect at the Contractor's sole expense for liability for property damage or personal m�ury that may occur in connechon with activittes or omissions by the Contractor ansmg under or related to this Contract The City shall be given forty-five (45) calendar days pnor wntten notice, by certified mail, of any cancellation, lapse, reduction or modification of such msurance 12 414 Coverages 4 1 4 1 Endorsements Said insurance policy and/or an endorsement thereto, as evidenced by the Certificate of Insurance, must provide the followmg mmimum coverages and limits and contain the following provisions a Bodily In�ury b Employees as Additional Insured c Premises/Operations Liabilrty (M&C) d Products and Completed Operations Liability e Blanket Contractual Liability f Broad Form Property Damage Liability (mcludmg completed operations) g Personal In�ury with no employee exclusion h Stop Gap or Employers Contmgent Liability i Automobile Liability, mcludmg coverage for owned, non-owned, leased or hired vehicles 4 1 4 2 Mmimum Limits All Coverages $1,000,000 per occurrence and $2,000,000 aggregate The providmg of coverage in this stated amount shall not be construed to relieve the Contractor from liability in excess of such limits The City shall not be deemed or construed to have assessed the nsks that may be applicable to the Contractor under this Contract Contractor will assess its own nsks and, if it deems appropnate and prudent, mamtain greater limits 4 1 5 Other Insurance Provisions � 4 1 5 1 Mimmum Scope of Insurance Automobile liability insurance covenng all owned, non-owned, hired and leased vehicles Coverage shall be wntten on Insurance Services Office (ISO) form CA 00 Ol or a substitute form provmg equivalent liability coverage If necessary, the policy shall be endorsed to provide contractual liability coverage Commercial general liability msurance shall be wntten on ISO occurrence for CG 00 O1 and shall cover liability arismg from premises, operations, independent contractors and personal in�ury and advertising in�ury 4 1 5 2 Acceptabilttv of Insurers Insurance is to be placed with insurers with a current A M Best ratmg of not less than A VII 4 1 5 3 Contractor's Insurance Pnmarv The Contractor's insurance coverage shall be pnmary insurance as respects the City Any msurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's msurance and shall not contnbute with it 13 4 2 Performance Bond Contractor shall furnish to the City a proper performance bond to be approved by the City Attorney, conditioned that Contractor shall faithfully perform all the provisions and terms of the contract and related documents and pay all laborers, mechamcs and subcontractors and matenal persons, and all persons who shall provide such Contractor with provisions and supplies for the carr}nng on of such work, which bond shall be signed by Contractor and two more good and sufficient sureties or with Surety Company as Surety, and shall be m the amount of One Hundred Thousand Dollars ($100,000 00) Said bond shall at all times be kept m full force and effect dunng the term of this Agreement Contractor agrees to pay all costs, mcluding attorney's fees, associated with the enforcement of said bond 4 3 Indemmfication and Hold Harmless A�reement 4 3 1 Indemmfication The Contractor shall indemnify and hold the City and its agents, employees, and/or officers, harmless from and shall process and defend at its own expense any and all claims, demands, suits, at law or equity, actions, penalties, loss, damages, or costs, of whatsoever kmd or nature, brought against the City ansing out of, or m connection with, or mcident to, the execution of this Contract and/or the Contractor's performance or failure to perform any aspect of this Contract, provided, however, that if such claims are caused by or result from the concurrent negligence of the City its agents, employees, and/or officers, this mdemnity provision shall be valid and enforceable only to the extent of the negligence of the Contractor and provided further, that nothing herein shall require the Contractor to hold harmless or defend the City, its agents, employees, and/or officers for damages or loss caused by the City's sole negligence The provisions of this section shall survive the expiration or termmation of this Agreement 4 3 2 Waiver of RCW Title 51 With respect to the obligations to hold harmless, mdemmfy and defend provided for herem, as they relate to claims against the City, their officers, agents and employees, the Contractor agrees to waive the Contractor's immumty under mdustnal insurance, Title 51 RCW, for any in�ury, sickness or death suffered by the Contractor's employees which is caused by or anses out of the Contractor's exercise of nghts of pnvileges granted by this agreement This waiver is mutually agreed to by the parties 4 4 Compliance Re uired Failure of the Contractor to fully comply with any and all of the terms of the foregoing insurance or bond provisions shall be considered a matenal breach of this contract and unless cured by Contractor withm 7 days after wntten notification from the City, shall be cause for its immediate termmatton at the option of the City 4 5 Survival The provisions of Sections 4 3 1 and 4 3 2 shall survive the expiration or termmahon of this Agreement 14 ARTICLE V GARBAGE COLLECTION 5 1 Garbage Collection Residential Garbage shall be collected by the Contractor, based on the frequency, service levels and rates set forth in Exhibit A Commercial and Multi-family Garbage shall be collected by Contractor in accordance with the frequency, service levels and rates set forth in Exhibit A 5 1 1 Carts Residential Garbage will be collected m Contractor provided Carts and each customer shall be required to use a Contractor owned Cart as a pnmary collection contamer Extra matenals which do not fit neatly withm the customer's pnmary Cart shall be collected for a fee as set forth in rate schedule and may be placed ad�acent to the primary Cart m customer provided cans, bags, or other receptacles which can be safely collected by Contractor's personnel and equipment All Multi- Family Garbage and Commercial Garbage will be collected in Contractor provided Carts or contamers, and extra matenals which do not feat neatly withm the customer's pnmary Cart or contamer shall be collected for a fee as set forth in rate schedule and may be placed ad�acent to the pnmary Cart or container m customer provided cans, bags, or other receptacles which can be safely collected by Contractor's personnel and equipment Commercial customers may provide their own compactors or contamers, provided such can be safely and effectively handled by Contractor's personnel and collechon vehicles 5 1 2 Bulkv Items and White Goods Upon request from the City, the Contractor shall provide separate collection of bulky items and white goods (large home appliances such as washmg machines, refrigerators (without CFCs), stoves, etc ) on a call-in basis Residents will be charged fees according Service Rate Fees in effect at the time of the request ARTICLE VI CITY CLEANUPS 6 1 Crty Clean up (`Beautify Bremerton"� The Contractor will provide labor, roll off boxes and disposal for this annual event Clean up sites will be provided at up to eight (8) locations withm the City City will provide employees to monitor the sites and to load matenal into roll off boxes Hours shall be 9 00 AM to 3 00 PM Scheduling of this one day clean up will be by mutual agreement The Contractor will be responsible for a maximum of $12,000 of cost for this event each year, and any Contractor costs incurred over this amount will be reimbursed by the City 15 ARTICLE VII RECYCLABLE MATERIALS COLLECTION 7 1 General Recycling Provisions Residential Recyclable Matenals shall be collected every other week, on the same days as Garbage collection The cost of Residential Recyclables collection shall be included the rates for Residential Garbage collection set forth m Exhibit A Up to 64 gallons of extra Recyclables which do not fit wrthm the Contractor provided Cart will be collected free of charge from Residenhal customers, but any additional matenals shall be sub�ect to the fees set forth in Exhibit A Multi- Family Recyclable Matenals shall be collected every other week The cost of Multi-Family Recyclables collection shall be included the rates for Multi-family Garbage collection set forth in Exhibrt A Multi-family customers may set out an equal volume of Recyclable matenal to the volume of Garbage service (e g, 1 cubic yard of garbage, 1 cubic yard of Recyclables) as part of the embedded service Any additional Recyclable matenals set out shall be sub�ect to the fees set fort in Exhibrt A 7 2 Recycling Carts Contractor will provide a 35-gallon cart or a 64-gallon cart to all Residential customers for Single Stream Recyclmg The default Cart size shall be 64 gallons, unless a customer requests a different size Commercial and Multifamily Recycling shall be collected either in Carts or containers provided by Contractor, based upon the volume of service ARTICLE VIII COMPOSTABLE ORGANICS COLLECTION 8 1 Compostable Orgamcs Collection Compostable Orgamcs shall be collected from Residential customers who choose to subscnbe for such service, on an every other week basis (on the same weeks as Recyclables collection) on the same days as Garbage collection, at the rates set forth in Exhibit A All Residential customers who sign up for Compostable Organics collection will be provided a 96- gallon cart Yard Waste and Food Waste may be commingled by Residential customers in the Compostable Organics collection Cart Small Commercial and Multifamily customers may also participate m the Compostable Organics collection program, for the fees set forth m Exhibit A Such Commercial and Multifamily customers shall be provided a 96 gallon Cart ARTICLE IX COMPENSATION 9 1 City Admimstrative Fee The Contractor shall pay to the City one-twelfth of the annual Admimstrative Fee by the 5` of each month begimm�g January 1, 2011 The initial (l year) amount of the Admmistrative Fee will be One Hundred and Twenty Five thousand dollars ($125,000 00) The annual amount of the Admmistrative Fee will be ad�usted each year by the same percentages descnbed in sections 9 2 and 93 16 9 2 Contractor Rates The Contractor shall be responsible for billing and collectmg funds from Single Family, Multifamily, and Commercial Customers For calendar year 2011, Contractor shall bill m accordance with the charges for services listed m Exhibit A For calendar year 2012, Contractor shall bill rates which reflect a 3 5% mcrease over 2011 rates For calendar year 2013, Contractor shall bill rates which reflect a 3 5% mcrease over 2012 rates For calendar year 2014 through the end of the term of the Contract, the then existmg rates set forth in Exhibit A shall be ad�usted annually m accordance with the CPI ad�ustment set forth m Section 9 3 The Contractor may occasionally provide other services related to solid waste collection m the City not specifically provided for under Exhibit A of this Agreement In that event, the Contractor shall use then current rates approved by the WLJTC under the Contractor's WLTTC Tariff m the area closest m proximity to the City (as may be amended from time to time) for the service provided if the intended services are not covered by erther this Contract or the Contractor's WiJTC tariff, the Contractor shall notify the City and propose a customer rate for the service Upon approval of the City, the Contractor may proceed to offer that service " The Contractor shall charge the rates set forth m Exhibit A, as ad�usted over time under this Contract, for all services performed The Contractor shall be responsible for billing and collecting funds from Residential, Multi-family, Commercial and Industnal customers in accordance with the charges listed m Exhibrt "A" Service Rate Schedule 9 3 CPI Ad1ustment Commencmg on January 1, 2014 and on the same date annually thereafter (the "Ad�ustment Date"), the Crty Administrative Fee and the Contractor's collection service charges (excluding disposal fees) as set forth m Exhibit A- Service Rate Schedule, as ad�usted hereunder, shall be ad�usted by 100% of the annual percent change in the Consumer Pnce Index ("CPI") - for Seattle, Tacoma, Bremerton (1982-84 = 100) for All Urban Consumers (CPI-U) as published by the Bureau of Labor Statistics The first ad�ustment will be based on the change m CPI as descnbed above, of the August 2012 published mdex to the August 2013 published mdex The CPI ad�ustment in any given year shall not be less than zero or more than 8% 9 4 Other Soltd Waste Collection Services The Contractor may occasionally provide other services related to solid waste collechon m the City not specifically provided for under Exhibit A of this Agreement The Contractor shall notify the City and propose a customer rate for the service Upon approval of the City, the Contractor may proceed to offer that service 9 5 Pass Throu of Disposal and Processm� Fee Increases Penodic ad�ustments shall be made to Contractor's collection rates to pass through any mcrease in fees for disposal of Solid Waste or any mcrease m fees for the processing of Recyclable Matenals or Compostable Organics if such Recyclables or Compostable Orgamcs axe being processed at a third party facility not owned or operated by Contractor 9 6 Roll off Disposal Fees On all disposal fees billed directly to customers for roll off hauling services, the Contractor shall include a 15% mark up applied to the disposal portion of the customer invoice only 17 9 7 Costs of an Uncertain Nature The Contractor's service rates set by this Agreement are calculated to pay certain expenses and costs that are of a contmgent and uncertam nature Therefore, m addihon to the annual CPI ad�ustment provided by Section 9 3 and the other ad�ustments descnbed m this Article 9, the Contractor's rates under this Agreement may, upon wntten request of Contractor or City, which shall not be unreasonably withheld, be further ad�usted on an mtenm basis for increased or decreased expenses associated with performance of the services hereunder due to any one or more of the followmg causes a matenal changes m Contractor's costs resulting from a Force Ma�eure event, b changes m the scope or method of services provided by Contractor, changes m the City Admimstrahve Fee, or other changes or fees required, mrtiated, or approved by the Crty, c any change m law, statute, rule, regulation, ordinance, order or requirement of any federal, state, regional or local government that is effective after the Effective Date of this Agreement and has a matenal impact on Contractor's costs, d a matenal increase in the volume of Solid Waste or Recyclable Matenals or other matenals collected by Contractor hereunder, whether caused by customer growth and/or annexation, or a matenal mcrease m the cost of diesel fuel, e any other extraordmary circumstances or causes or reasons that are not withm the reasonable control of Contractor If Contractor or City requests an ad�ustment due to the extraordinary circumstances set forth above, Contractor or City shall prepare a rate ad�ustment request settmg forth its calculation of the increased or decreased costs and accompanymg rate ad�ustment necessary to offset such increased or decreased costs The City or Contractor may request any and all documentation and data reasonably necessary to evaluate such request by Contractor or City, and shall act withm nmety (90) days of receipt of the request from Contractor or City to either approve or disapprove the request, provided that approval shall not be unreasonably withheld ARTICLE X BILLING SERVICES 10 1 Contractor Billing Contractor shall be responsible for billmg and collection of all charges, fees and taxes for the collection of Solid Waste, Recyclable Matenals and Compostable Orgamcs pursuant to this contract Contractor shall also perform all customer service functions related to billing and respondmg to any customer inquines If City ever levies a utility tax or other gross receipts tax, Contractor agrees to collect and remit such taxes to the City without any additional charge for the admimstrative expense mcurred m collection and remittmg such taxes The City retains the nght to take over responsibility for the billmg of customers and the customer service functions under the Contract, at any time dunng the term, upon nmety (90) days wntten notice to Contractor If the Crty exercises this option, then the Parties shall meet and confer in good faith to discuss any changes or ad�ustments to this Contract which may be necessary for the City to take over these billmg and customer service functions, mcludmg the City's assumption of the nsk of bad debt collection , 18 10 2 Lien for Non-Pa rnent Under Bremerton Mumcipal Code 6 04 120 Payment of Charges the Contractor has the nght to Lien Properties The Contractor shall have ali nghts under law related to the billmg of customers under this Contract and shall have the nght to enforce the collection of outstanding bills and charges usmg any and ali nghts and remedies upon delinquency, includmg, but not limited to, lien nghts, late payment fees, and other means provided by law or City ordinance The Contractor shall mail service billings to the person or occupant m possession of the premises to which the services are rendered, unless special billing mstructions are received from the property owner , ARTICLE XI DEFAULTS 111 Termmation The failure of Contractor to comply with the matenal terms of this Contract within ten (10) days after havmg received wntten notice by certified mail, return receipt requested, at his mailmg address from City, and a thirty (30) day opportumty to cure such defects, shall constitute grounds for termination of the Contract at the option of the Crty 11 2 Liquidated Damages ' As a breach of the service provided by this Contract would cause senous and substantial damage to City and its residents, and the nature of this Contract would render it impracticable or extremely difficult to fix the actual damage sustamed by City by such breach, it is agreed that in case of breach of service, City may elect to collect liquidated damages for each such breach and Contractor shall pay City as liquidated damages and not as penalty, the amount set forth below, such sums being the amount which City will be damaged by the breach of such services An election to seek such remedy shall not be construed as a waiver of any remedies City may have as to any subsequent breach of services under this Contract A truck making Residential collection pnor to 7 00 a m, or after 6 00 p m without city approval per day $50 00 Repetition of Complamts on a route after notification to replace can or detachable container in designated locations, spilling, not closmg gate, � crossmg planted areas, or similar violations $25 00 Landfilling or burnmg uncontaminated Recyclable Matenal without the express wntten consent of the Contract Admimstrator per vehicle no maximum $25 00 19 Liquidated Damages will be reasonably applied and may be levied only if documented in an incident report presented by the City to the Contractor The Contractor shall be notified and provided a copy of an mcident report and shall be given 24 hours to cure the problem (if applicable) before Liquidated Damages are mvoiced to the Contractor, except in the case of incidents for which, due to the nature of the event, a"cure" is not possible Such liquidated damages as City shall elect to collect shall be billed to Contractor and be paid withm twenty (20) days Application of these damages may be appealed within ten (10) days by Contractor to the Contract Admimstrator, whose decision shall be final Liquidated damages will not be assessed by the City for the first 60 days from the start up date but the Contractor must make every effort to mmimize all complamts dunng the start up penod ARTICLE XII ANNEXATION 12 1 Franchise Rights/Annexations Notwithstanding the provisions of RCW 35 13 280, if, dunng the term of this Contract, additional terntory is added to the City through annexation or other means and the Contractor has an existmg WL1TC certificate ar other franchise for collection at the time of annexation, the Contractor agrees by accepting this Contract from the Crty, that the certificate or franchise applicable to the annexed areas shall be deemed canceled on the effective date of the annexation The Contractor shall continue to service the newly annexed areas under the terms and conditions set forth in this Contract Notwithstanding the provisions of RCW 35 13 280, the Contractor agrees that their certificate applicable to those annexation areas shall be cancelled effective the date of annexation by the City The Contractor expressly waives and releases its nght to claim any damages or compensation from the City, its officers, agents, or assigns ansmg out of the cancellation of any pre-existing permit or franchise held by the Contractor pnor to annexation, and further specifically waives the nght to receive any additional compensation or any nghts of collection in the newly annexed terntory The term dunng which the Contractor will service any future annexation areas shall be ten (10) years, notwithstanding the term set forth m Section 1 of this Agreement ARTICLE XIII MISCELLANEOUS 131 Non-Waiver The failure of any party to enforce any contract provision is not and shall not be construed as a waiver of that provision The payment or acceptance of compensation subsequent to any breach is not and shall not be construed as an acceptance of that breach All waivers must be in wntmg 20 , t 13 2 Notices Any notices to be sent to the City shall be sent to the Contract Admimstrator at the following address Public Works & Utilrties Director City of Bremerton 100 Oyster Bay Ave N Bremerton, WA 98312 Any notices sent to Waste Management of Washmgton, Inc dba Waste Management shall be sent to Distnct Manager 9300 SW Barney White Road Bremerton, WA 98367 13 3 Severabilrtv If any provision of this Contract is held to be void, invalid or unenforceable under any applicable law, the remaimng provisions of the Contract shall remain m effect and bmd the parties 13 4 Entire A�reement This Contract constitutes the entire agreement between City and Contractor, and there are no promises, conditions, terms, obligations, statements, or guarantees other than those contamed herein No modifications or amendments shall be valid unless m wntmg and fully executed by both parties 13 5 ChangL in Service Contractor shall give (60) days wntten notice to the Contract Admmistrator of any change which affects the date of collection providmg that no change m the terms of this Agreement may be made unless agreed to m wnting by the Contract Admimstrator 13 6 Assig�ment This contract may not be assigned or transferred by Contractor, nor shall Contractor subcontract any part of this Contract, without the pnor wntten consent of the City Council, as evidenced by a City Resolution and the signature of the Mayor The City may withhold its consent to assignment or transfer of this Contract at its sole, subJective discretion In the event of an unauthonzed assignment or transfer, the City reserves the nght to cancel the Contract Notwithstandmg the foregoing, Contractor may assign this Agreement to another subsidiary or corporate affiliate of Contractor 13 7 Force Ma�eure Contractor shall not be deemed to be in default and shall not be liable for failure to perform under this Agreement if Contractor's performance is prevented or delayed by Force Ma�eure For purposes of this Agreement, the term Force Ma�eure shall mean any acts of God mcludmg landslides, lightnmg, forest fires, storms, floods, freezmg and earthquakes, civil disturbances, stnkes, lockouts or other industnal disturbances, acts of the public enemy, wars, blockades, public nots, explosions, or disposal site, governmental restramt or other causes, whether of the kmd enumerated or otherwise, which are not reasonably within the control of the party affected by the 21 Force Ma�eure event Service disruptions due to inclement weather shall be governed by Section 2 10 13 8 Apnlicable Law / Venue This Contract shall be governed by the laws of the State of Washington Venue for any action hereunder shall be m Kitsap County Supenor Court 13 9 Independent Contractor The parties agree and acknowledge that Contractor is an mdependent Contractor and not an agent or employee of the City, and that no liability shall attach to the City as a result of the acts or omissions of Contractor, its employees, agents, or assigns Contractor shall have no authonty to execute agreements or to make commitments on behalf of the City, and nothing contamed in this Contract shall be deemed to create the relationship of employer and employee or pnncipal and agent between the City and Contractor 1310 Subcontractin� The parties mtend that Contractor shall perform pursuant to the terms of this Contract with its own employees However, m the event any incidental subcontractor services are necessary, Contractor agrees to be responsible for the standards of performance of any subcontractor Contractor agrees that no subcontractor shall relieve Contractor of any obligations under this Contract 13 11 Taxes and Fees Contractor acknowledges that it is responsible for the payrnent of any local, state, or federal taxes or fees with respect to Contractor's agents and employees, and any taxes or licenses applicable to Contractor's business activity 13 12 Insolvenc��ht to Termmate Contract In addition to other terms of this Contract, any or all of the following shall be considered events of default of this Contract, allowing the City to terminate the Contract if such events are not cured wrthin 10 days of wntten norice a) if Contractor petihons any court to be ad�udged a bankrupt, b) if a petrtion m bankruptcy is filed m any court against Contractor, c) if Contractor is ad�udged to be insolvent, d) if Contractor is ad�udged to be bankrupt, e) if a receiver or other officer is appointed to take charge of the whole or any part of Contractor's property or to wmd up or liquidate its affairs, fl if Contractor seeks reorganization under the Federal Bankruptcy Code, as amended, or g) if Contractor admrts m wnting its mability to pay rts debts as they become due 13 13 Reservation of Municipal Authonty The Crty specifically reserves the nght to enact general mumcipal ordmances and resolutions affectmg all businesses and persons in the Crty 13 14 Successors and Assi�ns This Contract shall be bmdmg upon the parties and their successors and assigns 22 13 15 Corporate Authontv Each individual executing this Contract on behalf of a corporation represents and warrants that he/she is duly authorized to execute and deliver this Contract on behalf of the corporation 13 16 Dispute Resolution In order to have a admimstrative mechamsm for promptly mediatmg customer complaints regarding billing for or the collection of garbage, recyclable matenals, or yard debns, the City and the Contractor agree as follows 1) the Contractor shall first make a good faith effort to resolve a customer's complaint, 2) in the event the customer is not satisfied with the Contractor's resolution, the complamt shall be forwarded to the Public Works & Utilities Director who shall resolve the complaint after discussmg the matter with the customer and the Contractor, 3) in the event the customer or the Contractor is not satisfied wrth the decision of the Pubhc Works & Utilities Director, either party may appeal the decision via the City's appeal process This admmistrative process shall not foreclose either the City or the Contractor from pursumg their legal or equitable remedies in Kitsap Supenor Court to enforce, construe or otherwise resolve a dispute between the City and the Contractor ansing from any term or condition of this Contract Dated this day of , 2010 City of Bremerton Waste Management of Washmgton Inc By By Patty Lent, Mayor Manager Attest B Carol Etgen, City Clerk Approved as to form Roger Lubovich, City Attorney 23 EXHIBIT A 'a � CITY OF BREMERTON Garba e and Yard Debris Service Fees I i Pounds (Monthly) (Monthly) Total SERVICE Customer ', Per � Collection I Disposal i Serviee CLASS 1/1/2011 Counts U Fee � Fee i Fee Residential Services CuPo Svc ' i I Weekly Serviee � � � 1 10 Gal Microcan 140 7 3 $ 5 37 $ 0 98 $ 6 35 1 20 Gal Mmican 1688 14 6 $ 6 88 $ 1 96 �$ 8 84 1 32 Gal Can 5227 �i 23 4 i $ 9 45 �$ 3 14 I$ 12 59 1 35 Gal Cart Added 1/14I2005 $ 10 84 '$ 3 14 $ 13 98 2 32 Gal Cansll 64 Gal Cart 875 I I 46 8 $ 11 79 i$ 6 29 �, $ 18 08 3 32 Gal Cansll 96 Gal Cart 49 � 70 2 i$ 14 16 $ 9 43 i$ 23 59 4 32 Gal Cansll 96 Gal Cart (Added 1I7107) I 93 8 �$ 16 54 �$ 12 57 �$ 29 11 5 32 Gal Cans/1 96 Gal Cart (Added 1I1I07) I 117 �$ 18 91 �� $ 15 71 �$ 34 62 1 extra 32 gallon can or eqwvaler� 522 11 7 '$ 3 71 i$ 0 37 j$ 4 OS Yard Debns Service ' Basic Subscnption Service 660 I 67 �$ 1 51 ,$ 6 64 I $ 8 15 Extra YW Cans/Bags (EA ) j 40 �$ 3 13 I$ 0 91 I I $ 4 OS Extra 96 Gal YD Cart rent+roll � 67 �$ 0 94 I$ 6 64 $ 7 59 Miscellaneous Fees � � � Retum Trip � � ��� � ^ $ 8 38 Drroe-in Charge � � � $ 6 85 Redehvery Fee (Carts) � � � � $ 13 30 i ' � � Res Services-Carry-out Surcharge � All ResideMial CaNCart Service Levels 74 � � T � T �$ 2 O6 (5ftto50ft) I I 1 On-Call Bulky Waste CollecNon I � � ' Appliances (noo-refngeraM) new � 150 $ 57 O6 I$ 16 14 ;$ 73 20 Refr�geretodFreezer new � 300 $ 57 O6 $ 21 53 � $ 78 59 Sofa new I 400 ($ 57 06 �$ 18 43 $ 75 49 Chair new � 200 $ 57 O6 I$ 9 21 I � $ 66 27 Mattress or Box Spnngs new , 25 �$ 57 O6 I$ 1 75 �$ 58 21 Tires Auto/Light Truck new � 30 $ 28 53 $ 5 38 I$ 33 91 BuslHeavy Truck new i 100 $ 57 OB '$ 5 38 $ 62 44 Add i for Rims or Wheels new � 50 i$ 28 53 � $ 5 38 �$ 33 91 Miscellar�eous per cubic yard �ew i 125 i $ 57 06 $ 3 91 �$ 60 97 Temporary Contamer Service (per pick up) � Temp 1 0 Yard Container 1 I 187 5 '$ 15 02 �$ 5 Ot $ 20 03 Dady ReM � �$ 1 13 '� �$ 1 13 Dehvery Fee � $ 29 91 i$ 29 91 Temp 1 5 Yard Container 1 i 187 5 $ 16 82 �$ 5 81 1$ 22 63 Dady ReM ,$ 1 13 y �$ 1 13 Delivery Fee � $ 29 91 � �$ 29 91 Temp 2 Yard CoMamer 2 i 250 $ 21 52 $ 7 76 $ 29 28 Daily ReM � � $ 1 13 ` - - � $ 1 13 Delrvery Fee $ 29 91 $ 29 91 Temp 3 Yard Container 7 � 375 $ 28 96 �$ 71 63 $ 40 59 Dady ReM , �$ 7 13 �$ 1 13 Delivery Fee ;$ 29 91 �$ 29 91 Temp 4 Yard Container 2 i 500 $ 37 44 �$ 15 50 $ 52 94 Dady ReM � �$ 1 13 i $ 1 13 De6very Fee � �$ 29 91 � $ 29 91 Temp 6 Yard Contamer 0 750 {$ 51 56 '$ 23 26 $ 74 82 Daily Rent f '$ 1 13 �$ 1 13 Dehvery Fee i �$ 29 97 $ 29 91 Temp 100 Yard Container (demolRion) 60000 $ 136 93 $ 7 860 66 $ 1 997 59 Dady Rerrt � {$ 28 22 , �$ 28 22 Retum Tn to Collect �$ 135 44 1$ 135 44 Multifamdy Cans 8 Carts � i Weekly Service [1] , ' 1 20 Gal Mirncan 2 , 14 6 I ' $ 5 53 $ 1 96 l i $ 7 49 1 32 Gal Can 30 � 23 4 $ 7 80 $ 3 14 $ 10 94 1 35 Gal Cart � i$ 9 20 I$ 3 14 �$ 12 34 1 64 Gal Cart 14 46 8 i $ 79 70 $ 6 29 � $ 25 99 1 96 Gal Cart � 70 2 i$ 29 54 i$ 9 43 $ 38 97 Extra 32 Gal CaNBag ea ' 11 7 �$ 2 71 $ 1 57 '$ 4 28 Miscellaneous Serv�ces i i$ I ; Retum Tnp �$ 8 39 ��$ 8 39 Carry Out Service (per can) i I$ 2 05 $ 2 OS Redelrvery I i $ 13 30 $ 13 30 Roll Out Container � ,$ 2 51 � �$ 2 51 Disconnect Hydraulics �$ 11 41 F $ 11 41 Ur�ock Container � $ 11 41 $ 11 41 Gate Open�ng j i$ 11 41 $ 11 41 Steam Cleanirg (per yd ) i �$ 3 42 ` j$ 3 42 Crty of Bremerton CPI Rate Ad�ustment EXHIBIT A Z� 2 CITY OF BREMERTON Garba e and Yard Debns Service Fees � Pounds i (Monthly) � (Monthly) � Total SERVICE Customer Per I Collection Disposal Service CLASS 1/1/2071 Counts I I Umt � Fee__I Fee �_Fee _ MulHfamdy Uncompacted Containers I I 1 Cu Yd Urxompacted � 1 Pickup/Week/Contairrer rrew 125 $ 64 31 j$ 16 79 ' $ 81 10 2 PickupslWeeklCorrtair�er rrew 250 I$ 110 27 �$ 33 60 I$ 143 87 3 PickupslWeek/Contamer new I 375 �$ 156 23 $ 50 39 I$ 206 62 4 PickupslWeek/CoMaurer new 500 $ 202 18 I$ 67 19 $ 269 37 5 PickupslWeek/Container rrew 625 $ 248 12 $ 83 99 �$ 332 11 1 5 Cu Yd Uncompacted i � I i 7 PickuplWeek/CoMainer 32 I 188 $ 60 00 �$ 25 26 �$ 85 26 2 PickupslWeeklContainer 7 376 �$ 94 15 '$ 50 53 j$ 144 68 3 Pickups/WeeklCorrtainer 3 I 564 �$ 129 71 �$ 75 79 i$ 205 50 4 PickupslWeek/Container I 752 �$ 165 28 $ 101 O6 i$ 266 34 5 Pickups/Week/Comainer � 940 $ 248 12 I $ 83 99 i$ 332 11 2 Cu Yd Uncompacted 1 Pickup/WeeklContainer 5 250 $ 75 29 $ 33 60 �$ 108 89 2 Pickups/Week/Container 1 � 500 i $ 118 28 �$ 67 19 �$ 185 47 3 PickupslWeeklCoMainer 750 $ 167 26 �$ 100 78 �$ 262 04 4 PickupslWeeklContainer I 1 000 I I $ 204 24 i$ 134 38 j$ 338 62 5 PickupslWeeWCoMainer , 1 250 $ 247 24 �$ 167 97 $ 415 27 3 Cu Yd Uncompacted I � � 1 Pickup/Week/Contauier 25 375 I $ 9t 44 �$ 50 39 $ 147 83 2 PickupslWeeklContainer 4 750 $ 139 59 ,$ 100 78 �$ 240 37 3 PickupslWeeklContamer 3 1 125 $ 187 83 �$ 151 18 �� $ 339 Ot 4 PickupslWeeklContavrer � 1 500 I$ 236 02 I$ 201 57 �$ 437 59 5 PickupslWeeklContauier i 1 875 $ 269 79 I$ 251 96 �$ 521 75 4 Cu Yd Uncompacted � I 1 Pickup/Week/Contamer 7 � 500 I $ 100 32 �$ 67 19 $ 167 51 2 PickupslWeeklContairrer 4 ( 1 000 �$ 150 15 I$ 134 38 $ 284 53 3 P�ckupslWeeklContamer 2 1 500 �$ 196 25 $ 201 57 I$ 397 82 4 Pickups/Week/Contauier I 2 000 �$ 242 62 �$ 268 75 $ 511 37 5 Pickups/Week/Contamer � 2 500 ,$ 274 47 �$ 335 95 � $ 610 42 6 Cu Yd Uncompacted ; I 1 PickuplWeeklComainer 11 750 �$ 125 22 �$ 100 78 $ 226 00 2 PickupslWeek/Container 6 i 1 500 �$ 178 35 I, $ 201 57 j$ 379 92 3 Pickups/WeeklContainer 1 i 2 250 �$ 231 50 $ 302 35 �$ 533 85 4 PickupslWeeklCoMainer 3 000 �$ 284 10 �� $ 403 74 I$ 687 24 5 Picku slWeek/Container 3 750 $ 312 67 $ 503 92 $ 8t6 59 Mul�famdy Uncompacted Contamers i ' � 8 Cu Yd Uncompacted i i � �I 1 PickuplWeek/Container new ; 1 000 i$ 159 08 ', $ 134 38 i$ 293 46 2 PickupslWeeklCoMainer new 2 000 �$ 223 19 '$ 268 75 �$ 491 94 3 PickupslWeeklContainer new 3 000 �$ 287 28 �$ 403 14 I$ 690 42 4 PickupslWeek/Container new I 4 000 �$ 351 37 I$ 537 52 �$ 888 89 5 Picku slWeeklCoMainer new 5 000 �$ 415 46 $ 671 90 �$ 1 087 36 MulUfamdy Compacted Containers � 1 Cu Yd Contamer new I 438 i$ 44 22 �$ 58 86 �$ 703 08 1 5 Cu Yd Contamer new I 656 �$ 37 81 �$ 88 16 I$ 125 97 2 Cu Yd Cordainer rrew i 875 i$ 31 28 $ 117 58 �$ 148 88 3 Cu Yd Contamer rrew � 1313 i$ 55 66 $ 176 45 $ 232 17 4 Cu Yd Contamer new � 1750 i$ 80 18 I$ 235 17 I$ 315 35 6 Cu Yd Container new � 2625 $ 98 83 �$ 352 75 �$ 451 58 Extra Uncom acted Cubic Yard/Picku I 125 �$ 7 17 �$ 3 87 �$ 11 04 Multifamdy Yard Debns i 1 Basic Service (96 gal Cart EoW/Mon) new I 33 5 I$ 6 19 I$ 3 31 �$ 9 50 7 32 gallon extra 45 � $ 2 16 �$ 1 03 �$ 3 19 1 2 cubic yard container weekly new 400 $ 448 97 ,$ 39 64 I$ 488 61 t extra cubic ard new 200 I$ 7 77 $ 4 57 $ 17 74 C�ty of Bremerton CPI Rate Ad�ustment DATE SUBMITTED December 2" 2011 AGENDA BILL CITY OF BREMERTON CITY COUNCIL ................ ......................................................................� 1�0.3�30 SUBJECT: Resolution m Support of Committee Meetmg Date Dec 8` 2010 Establishing a 911 Memorial m Evergreen COUNCIL MEETING Date Dec 15` , 2010 Rotary Park Department Parks and Recreation Presenter Wyn Birkenthal Phone 473-5752 SUMMARY: The proposed Resolution supports and establishes oversight and liaison with the Kitsap 911 Memonal Committee's effort to site, design, fund and construct a Memonal recogmzmg the histonc events of Sept 11 � 2001 m Evergreen Rotary Park On October 26 the Bremerton Parks Board recommended the Memonal be located withm a footpnnt that would not mfnnge on existmg recreation activities or facilities m the park The mtent of the recommendation was to locate the facility on the Chevron�Plumbers Hall srte City staff is workmg wrth the 9-11 Memonal Committee and the Department of Ecology to determme feasibility of the proposed location A site specific recommendation wrthin the park will be brought to Council at a later date once this work has been completed ATTACHMENTS: October 26�', 2011 Park Board Minutes, Resolution # 3 � 3 � FISCAL IMPACTS (Include Budgeted Amount) Estimated 120 hrs of professional staff time, liaison and oversight of Memorial pro�ect durmg year 2011 APPROVALS: DEPARTMENT DIRECTOR CITY ATTORNEY FINANCE DIRECTOR MAYOR COMMITTEE CHAIR COUNCIL PRESIDENT CONSENT AGENDA ❑ GENERAL BUSINESS� PUBLIC HEARING ❑ RECOMMENDED MOTION• I move to approve Resolution # 3 I 3 o m support of establishing a 911 Memonal in Evergreen Rotary Park and outlimng a liaison process between the Kitsap 911 Memorial Committee and the City of Bremerton for this pro�ect COUNCIL ACTION ❑ Approve ❑ Deny ❑ Table ❑ Cont�nue ❑ No Action i RESOLUTION NO. 3 I�S � A RESOLUTION of the City Council of the City of Bremerton, Washmgton, supporting the Development of a 911 Memonal at Evergreen Rotary Park, establishmg oversight of the pro�ect and appomtmg representatives to the ICitsap 9-11 Memonal Committee and to the Memonal design subcommittee WHEREAS, the events of September 11` 2001 had an mdelible impact upon the history of the United States of Amenca and has effected the lives of every Bremerton resident, and � WHEREAS the loss of 2,9761ives on that day and the numerous acts of heroism committed unselfishly and without regard to personal safety by ordmary citizens, military personnel, firefighters and police officers shall be remembered and conveyed to future generations, and WHEREAS the Krtsap 9-11 Memonal Committee has approached the Crty of Bremerton requestmg a visible public site for location of a Memonal to be constructed usmg steel beams from the World Trade Center as a centerpiece, and the Kitsap 9-11 Memonal Committee has pledged to raise pnvate funds to complete and maintain the Memonal pro�ect, and WHEREAS, on October 26�' 2010 the Bremerton Park Board recommended to Crty Council that the Memonal be srted m a portion of Evergreen Rotary pazk m a location where said Memorial would not mterfere with existmg recreational activity, that City representatives participate in developmg the design for the Memonal, and said design shall be shazed with the Park Board and approved by Crty Council at both the prelimmary and final stages for comment and approval, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS SECTION 1. The City Council hereby encourages and supports the development of a 9-11 Memonal at Evergreen Rotary Park at a specific location withm the park to be determmed through further study SECTION2. The City Council approves the recommendations presented by the Park Board SECTION3. The City Council will appomt a council member to the Kitsap 9-11 Memonal Committee and appomt 2 qualified citizens and/or city staff inembers to serve on the Kitsap 9-11 Memorial Committee's design subcommittee 1 9-11 Memorial SECTION4. The Kitsap 9-11 Memonal Committee will present a preliminary design and funding proposal to the Parks Board and City Council for consideration SECTIONS. Severabrlrtv If any one or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or mvalid, such decision shall not affect the validity of the remaming portion of this Resolution and the same shall rema�n in full force and effect SECTION 6. �fective Date This Resolution shall take effect and be m force immediately upon its passage PASSED by the City Council of the City of Bremerton, Washmgton this day of , 2010 NICK WOFFORD, Council President APPROVED AS TO FORM ATTEST ROGER A LUBOVICH, Crty Attorney CAROL ETGEN, Crty Clerk R \Legal\Legai�Resolut�ons\Pazks\911 Memorial doc 2 9-11 Memorral BREMERTON PARKS & RECREATION COMMISSION REGULAR BUSINESS MEETING Mmutes of October 26, 2010 Attendance: Terry Boyle, Joan Dmgfietd, Robert Dollar, John Larson, R�chard Nerf, Christopher Warthen and Sunny Wheeler Staff: Wyn B�rkenthal, Tom Cressman and Jeff Elevado I. Meeting Called to Order at 5 59 p m by Commiss�oner Dmgfield II. Approval of Minute9 — August 24, 2010 and September 24, 2010 M/S/C/U (WheeledLarson) III. Pubtic Comment: None IV. Busmess Items: 1. 9/11 Memonal (Birkent6al). The K�tsap 9/11 Memor�al Committee had approached the Commiss�on m July 2010 with a proposal to place the memorial m the Bremerton pazk system Dur�ng the meeting, the Comm�ss�on requested a I�st of park sites w�th memonals (Bataan, Ivy Green Cemetery, Evergreen Rotary Park, Louis Mentor Boardwalk, Memonal Plaza, Naval Museum, N A D Soroptom�st, K�wan�s, Wh�tey Domstad V�ewscape, Lent Land�ng and Forest Creek Park) Although the department does not have a policy for memorials, Mr Birkenthai referenced the Landscape Arch�tects Association's gu�de- lines for memor�als wh�ch considers space and v�sib�lity Dave Fergus, a member of the Kitsap 9/11 Commrttee, stated they would like to preserve the stones of 9/11 and believes Evergreen Rotary Park would be the most v�s�ble and respectful site for the memor�al He stated that Bremerton will not be requ�red to bear the costs of bu�lding the memonal and maintenance for ten years A local landscaping company has donated the�r services to ma�ntain the s�te dunng this period of t�me Rice-Fergus Arch�tects will des�gn the memor�al to include two stee! beams from the World Trace Center Although there �s no design at th�s time, Mr Fergus can plan the memor�al for Evergreen Park at a scale of 100'x100' Mr Fergus would like to mclude representatives from Bremerton for the des�gn and construct�on stages Comments from the public Sarah Sregner She supports the concept and believes �t �s a great opportunity to bnng mto classrooms Patr�cia Peat A beautiful opportunity Jenaye Lusk It's magtcal to watch people be touched by memor�als Dave Raymond (Coordirrator for the local 9/I1 Ceremony) The ceremony provided h�m the opportunity to heal He belteves v�s�tors w�ll be �mpacted by the memor�al Bremerton F�re Chref Duke It is a wonderful opportumty to partner with the community Roy Lusk He hopes the City and the community can work together to make it work Co:�ncrlman Wheeler Th�s is a un�que opportun�ty for our commumty He supports the pro�ect Comments from Staffand Commission B�rkenthal Although there isn't a proposal to review, he bel�eves the City should work through the process and request a timetable for a prel�minary plan He recommended that �f the Comm�ssion would like to approve the Comm�ttee's proposal, that they structure the�r recommendation w�th a timelme and stipulattons Nerf He supports the �dea but as a Comm�ssion member, he must consider the lack of open space He bei�eves the Boardwalk would be a more appropnate site for the memorial Wheeler She believes it is a matter of nat�onal pr�de and a memor�al w�ll br�ng our community together She agrees that the Evergreen amphitheater area would not be an appropriate site, but wonders if the City should consider the newiy acquired property that will eventuatly t�e the Boardwalk to Evergreen Park Boyle She believes Evergeen should be considered, but she would like to keep the recreation components of the park. Larson He would like more public �nput for the site What lessons w�ll the memorial teach? How will the Committee evaluate the input� Dollar He supports Evergreen Park, but would also like the City to consider the field area Wartlren He also favors the concept as it will be a n�ce element to teach children He also quest�oned the proJect t�meime, location and allocat�on of space He stated �t may be a good fit as long as �t doesn't mterfere with the other park elements D�n�eld She is strugglmg with the scale of a memorial in a park that �s heav�ly ut�l�zed She feels strongly that �t shouldn't be placed at Evergreen Park The Comm�ssion recommended the proposal of a 9/11 Memonal at Evergreen Rotary Park to the Council with the follow�ng conditions 1) Parks Department will not bear any costs of building or maintaming the memor�al, final design to be rev�ewed by Bremerton staffon the Committee, the locat�on and scale will not impact an active recreation space The motion was amended that the Committee will also disclose a t�metable of the proJect, preliminary design, cost estimates and funding sources M/S (WheeledBoyle - Voted in favor of Mot�on Boyle, Dollar, Larson, Warthen, Wheeler, Voted oppose to Mot�on D�ngfield, Ner� Mot�on carned 5-yes, 2-no 2. Boardwalk Food Concess�on (Birkenthal) 3. Lions Park Update. V. Staff Report: 1. Upcoming Events and Programs. •••••• VI. Commiss�oners' Comments and Queshons: Dingfield: Larson: Warthen VII. Ad�ournment @ p m(Next meetmg scheduled for November 23, 2010) � � � , , R I i n Ho, 3130 su ortin develo ment of eso ut o pp g p a 9-11 Memorial at Ever reen Rota Park g �Y � Page I of I , z From scooterp�@comcast net Sent Thursday, December 09, 2010 9 36 AM To City Councd, Patty Lent, Parks Sub�ect 9/11 Memorial Pro�ect I will not be able to attend the meeting on Dec 15th but wanted to send my support for the 9/11 pro�ect I cannot think of a better location than Evergreen-Rotary Park to display this Tribute to those who's live's were scarficed on that day It witl have plenty of visabillity to the public and provide a perFect opportunity for the citizen's of Bremerton to reflect on the heroism of not only our Service Men and Women but of the many First Responder's that are on the front line's handling the many emergincie's here at home and the sacrafice's of those Civillian Pesonnel that gave their best at that time of peril The memorial need's as much exposure as possible and not tucked away not readily available to all the citizen's of Bremerton and the surrounding area We must never forget that the war against those who would try to destroy our great Nation is never ending Thank you for your time and consideration for this Memorial request Phillip Roberts U S Navy Ret 12/9/2010 Page 1 of 1 � � - -- � From Cyndi Smith [cyndi@ballspm com] Sent Sunday, December 12, 2010 7 01 PM To City Councd - Sub�ect 911 Memorial Gty Council Members I am in favor of the 911 memorial being placed in Evergreen State Park Thank you, Cyndi Smith 12/14/2010 Page 1 of 1 From aoshaughnessy@bremrescue org Sent Sunday, December 12, 2010 9 25 PM To City Council Sub�ect I support the 9/11 Memorial ing at Evergreen Park Please count my support for the 9/ii Memonal to be at Evergreen State Park Amy O'Shaughnessy Bremerton Rescue Mission Volunteer Coordinator 12/14/2010 C Page 1 of 3 - -- — s From Dingfield, Joan �odingfield@seattleschools org] Sent Monday, December 13, 2010 2 16 PM To City Councd Sub�ect Input regarding the proposed 911 Memorial To members of the Bremerton City Council I must apologize for taking so long in preparing public input to you on your upcoming deasion regarding the 911 Memorial Park proposal for Evergreen Rotary Park I am doing now exactly what I don't like in others - last-minute testimony trying to influence a deasion My work schedule has been such that I cannot come to your meetings and has involved long hours, you are also on a fast track to make this decision So I hope you will accept my apologies for being late When this came forward to the Parks Commission, I did vote no on the proposal, as commission chair, after the commission voted, I did not say anything negative, as it is my �ob to speak on behalf of the commission during that time Now that it has moved forward to you, however, I would like to share my issues with you as you move toward your decision this week 1 This is a plan brought forward by Central Kitsap Fire and Rescue, now led by a Central Kitsap' Fire Commissioner, and backed by a Central Kitsap group of residents and Leadership Kitsap people In the Bremerton Parks Commission meeting, there was one Bremerton resident who was a part of that group But we all know that this memorial was planned for the new Silverdale community campus They got turned down by the community council It was then proposed for the Silverdale waterfront - again turned down So to be clear, this was never intended for Bremerton, and it would not have seen the light of day here if they had not been re�ected up north So Bremerton is the fall-back for a very poorly thought out proposal that had little input �� beyond the initial planners 2 In casting about desperately for a new location, the site they chose to ask for was Evergreen Rotary Park, the most heavily utilized park in the most densely populated part of Kitsap County The Commission was clear as they supported this that it had to be in a part of the park that was currently undeveloped Since that time, it has been determined that neither the Chevron site nor the plumbers' building site would work, as they would be too costly to develop and have environmental issues - both of which were brought up in the Parks Commission meeting but dismissed The current alternative is now in land that is already developed Using this third alternative would not only take out existing park space but would also alter future expansion plans An additional thought along these lines of all the many, many memorials in Bremerton, those in parks have actually added the park space to the City inventory, not vice versa This will be the first time the City will actually allow taking existing park space away from park use for a memorial 12/14/2010 � Page 2 of 3 3 Do you understand that this memorial is planned to be 10,000 square feet? The design has not been started, so this is essentially a blank-check approval of, well, te11 thOU5811d square feet of something The memorial committee has magnanimously agreed to allow one Bremerton elected official to serve on the committee to allow for some Bremerton input into this plan I would caution you that it is difficult to say no to this kind of proposal on the back end, I have already been called unpatriotic I believe that input by Bremerton residents is an important first step that has been overlooked in this process 4 Which leads us back to the purpose of the memorial I work with a woman who was working at the Pentagon September 11, 2001 who was puzzled by the thought of this in the first place That said, the 911 memorial group also speaks to the recognition of the first responders who died during this event - my response to that would be that the beautiful site of the Central Kitsap Fire and Rescue headquarters would be a far more appropriate, lovely, open, and noticeable area for such a memorial As to providing a place for children to see this and to learn about what happened that awful day, I would like to note that there are 3 5 times as many students in the area surrounding the Central Kitsap Fire and Rescue headquarters as there are in the Bremerton School District 5 I am also deeply concerned about the City continu�ng to stretch the resources of the Parks Department while facing even more enormous cuts of that and other departments I have been very impressed with the diligence and dedication of Parks employees, their willingness to take on more work, their outreach to the community as they re-develop existing parks, and the success they have had in seeking out new dollars for their work The addition of Harborside Park and Reunion Park and maintenance of the fountains to the workload of this department while simultaneously reduang their workforce and resources is a testament to their willingness to serve Bremerton residents The memorial committee will note they have a ten-year volunteer commitment for landscaping services to maintain this They will not tell you that comes from a one-man operation trying to establish a business here, housed in a friend's basement on Bucklin Hill Road (next to the Silverdale campus and also the Central Kitsap Fire and Rescue location) There is no question in my mind that the development and maintenance of this park is going to fall on the backs of an already stretched thin Parks staff The memorial plan is now on a desperate fast track to find a location, raise tens of thousands of dollars, push through the permitting, design, and build in time for the ten-year anniversary of the tragedy that is prompting this I feel that is far too ambitious and that the permanent site of the memorial should be separated out from the ten-year event date The Parks Commission did state that they wanted to see the proposal again after the design and financial plans were completed Please do not be pushed by artificial deadlines for such a momentous change Please consider allowing a thoughtful process with appropriate public input to bring this forward Thank you Joan Di��eld Execut�ve Assistant to the School Board Seattle Public Schools 12/14/2010 � � Page 3 of 3 PO Box 34168, MS 11-010 Seattle WA 98124-1165 Tel (206)252-0041 Fax (206)252-0101 12/14/2010 � ) 4� From frankmandell@wavecable com Sent Tuesday, December 14, 2010 10 00 AM To City Councd Sub�ect Kitsap 9/11 Memorial Pro�ect Dear Sir, Madam, Has a veteran who served in two wars zones, a proud American, a native New Yorker & a atizen of this fair city, I am appalled that the question of a vote to allow the 911 Memorial is even being considered I am ashamed that previous attempts in other local areas were re�ected We should consider it an honor to host such a memorial How many other locations can say the same, especially with the military heritage and civic pride we claim? I dare say the volunteer force and support the Kitsap 9/11 Memorial Pro�ect team as generated will provide much of the expenses and materials required to build this honorable undertaking I know I will be there to pitch in What is left, having our tax dollars pay for someone to cut the grass & weed around it, I'll vote for that We have the opportunity to put all the �udgment and petty reasons aside and host a memorial to our fellow Americans who were murdered in the name of terrorism A memorial to our brave emergency responders who faces I still see from the pictures, climbing those stairs to their death while helping strangers to safety A memorial to our brave servicemen & women, who have answered their country's call for the greater good and have felt pain, suffering and loss, so we don't have to A memorial to the dirt, dust & grime covered Americans who volunteered to spend their days digging, hoping and praying they would find someone anyone alive A memorial to the time when a horrible, cowardly act united all of us as Americans and nothing more Please don't let this opportunity pass us by Veteranrider 1 • ,,- - . _ 1 From spsiegne@nps edu Sent Tuesday, December 14, 2010 4 38 PM To City Councd Sub�ect Kitsap 9/11 Memorial Respected City Council Members, Thank you for the opportunity to express my personal thoughts on the Kitsap 9/11 Memorial My name is Sarah Siegner I am a proud third generation Bremertonian My grandfather brought my mother's family here in the 50's so that he could work a long career as a welder in the shipyard My mother was a volunteer at the service man's center where she baked a birthday cake for my father before marrying him and starting a family in Bremerton She went on to become postmaster of the Tracyton Post Office and my father en�oyed his career as a Bremerton Firefighter I have settled in Bremerton myself and en�oy this city greatly Throughout my life I have en�oyed Evergreen Park as well I'm so proud of what this city has become and what's in store for its future When I became involved with the Kitsap 9/11 Memorial I would have never dreamed that we would have the opportunity for this memorial to come to Bremerton, but now the opportunity is here This is a great pro�ect with the backing of many donors and volunteers Please don't let this pass us by Please take full advantage and vote in favor of Evergreen Park as the permanent site for this memorial Thank you for your time and service I have a brand new appreciation for everything you do Warm regards, Sarah Siegner , Treasurer Kitsap 9/11 Memorial (� Leadership Kitsap Class of 2010 � Sent from my Verizon Wireless BlackBerry 1 � _ _._ --- - _ — _ � From Frances [fransesa@gmad com] Sent Tuesday, December 14, 2010 5 32 PM To City Councd, Patty Lent, Parks Sub�ect 9/11 Memorial in Bremerton Hi there, Just wanted to say how hopeful I am that you will allow the 9/11 Memorial to be placed at the Evergreen Rotary Park I for one will certainly be visiting Bremerton to see it Thank you very much, Frances Castelli { i _r - ---- < From Richard Nert [rbnerfjr@comcast net] � Sent Wednesday, December 15, 2010 11 28 AM To City Councd Cc Wyn Birkenthal, Richard Nerf Jr , bobbuck69@gmad com, Warthen, Chnstopher T CIV, �ohnhl@seanet com, Sunny Wheeler, Terry Boyle, Joan Dmgfield Sub�ect Testimony re 9/11 Memorial Although I believe that the first responders to the disasters of 9/11 deserve a memorial, I don't believe that its location should be in Evergreen Park Whenever a civic pro�ect needs land, the parks are often seen as a ready-made source (Part of the reason that I volunteered for the Parks Commission was an ongoing discussion of building a school in NAD Park ) Absent a ma�or avic disaster, we aren't getting any more large recreational open spaces in the heart of the city So it is extremely important to conserve what we have I am not comforted that the Chevron/Plumbers sites are not now recreational open space -- plans existed to make them so -- and if the memorial goes there, we will have experienced a net loss relative to what could have been I am also concerned that if the undeveloped sites prove unsuitable for construction, the memorial process will have sufficient momentum to appropriate some of the existing, heavily utilized, open space I think there are better alternative sites that do not impinge on recreational open space The Boardwalk, the park southeast of the Warren Ave Bridge, ad�acent to the old 911 building (an appropriate connection), the open space to the northwest of the Warren Ave Bridge approach, and a site in the Bremerton Gateway, across from the Shipyard Richard Nerf Bremerton, WA 1 A8 I FRIDAY, NOVEMBER 5, 2010 � � — France, Germany, Ire- � land, Israel, Italy, New Zealand, England� and China Maybe they figure, if even the U S isn't im- pregnable, we sure aren't either Who cares about other countries? We should be ROB WOUTAT taking care of the home- COfllIMU1VITY CULUIVLNYST less Srst September llth wasn't a war anyway. • • But back to Ritsap's me- A Memorla ln morial Now that we have two pieces of twisted steel, each 20 feet long and Search of a Home Weighing 5�000 pounds, what do we do with them? The memorial's designer, Dave Fergus of Rice Fer- n August, two beams � Whatever it would be gus Miller Architects and salvaged from the rub- � called, who wo�ld design Planners in Bremerton, ble of the World Trade rt? Who would approve has an interesting idea in Center, both wrapped the design? Who would mind — the two pieces of m Amerlcan flags, arrived pay for it? Where would it � twisted steel placed ver- in Kitsap County on the be placed? And who would tically but leaning toward back of a flatbed truck, in- decide that? each other so the viewer tended as part of a _ Some say the impor- � can have the feeling of be- memorial to the vic- , � tance of the Septem• ing under them tims of the 9/11 at- , ber ilth attacks is a giv- � A potentially powerful tacks ,� ;n, that rt's proved by the ` design But the memori- Before using the �43 9/11 memorials estab- al's design and scale have beams, the prime �shed ia this country al- to fit the space allowed, mover behind this , eady (New Jersey is in and that space hasn't been project, Central Bit- he lead at 100 ) approved yet sap Fire and Res- Oh, that's nothing but The Memorial Com- cue, had to guar- '` the bandwagon effect, oth- mittee's proposal already antee that the memorial � ers might reply We Amer- has been reJected twice would be open to the pub- icans have gone over the — once at Silverdale's Wa- lic and that no admissioa � top here terfront Park, and once at fee would be charged 1 "To listen to some Amer- the site the Central Kitsap OR But then the con- � icans talk," says a Brit- Community Campus in troversy began Some said � ish professor, "one would Silverdale wrapping the beams in think that world history But now the Bremer� flags for shipping was a held no tragedy as stark ton Parks and Recreation violation of flag etiquette, as that of the destruction Commission has recom- the flag ahould fly free� of the World Trade Cen- mended to the city cbun- ' they said, not be wrapped ter, whereas the truth is � cil that the memorial be around some rusty, twist- that exactly three decades located in Bremerton's ed old pieces of debris earlier, the United States Evergreen-Rotary Park Nonsense, said others violently overthrew the The parks and rec direc- Those flags are jus� like democratically elected tor said the park has great the ones draped over the government of Chile and potential, a site has beer� ' caskets of fallen soldiers installed in its place an cleaned up and is ready Some groused that the odious dictator who with for development � big flatbed truck wAS � U S connivance went on But the Parks and Rec- ' holding up traffic� or com- � to murder far more inno- reation Commission hgs plained that the flags rep- cents than ever died in the � several "but's"• resented government tyr- , horror in 9/11 " i Parks and Rea won't pay anny � Right on! some will yell for the memorial or for its Would the final result Nonsense, others will re- � maintenance' be a memorial or a mon- ply Everyone knowa But they still have to ument? Is there a differ- that people take at- know when it's going to ence? } ta�lcs on their own ' be done, what it's goirig to A dictionary should f country personally cost and who is going to 1 hel Besides, ours hasn't pay for it � , P Memorial a monument � been invaded in al- � It's a wonder pro�ects t designed to recaA impor- most 200 years So like this ever get done ' tant significant persons yeah, we're touchy � or events about 9/11 Besides, Rob Woutat can be reached � Monument a bu�lding, nine other countries � at rwoutat@q com pillar, stone, or the like, a have 9/11 memorials, too erected to preserve the re- - membrance of a person, I event, action, etc ' Lori Smith From Cheyenne Brown [ctcc7303@yahoo com] Sent Wednesday, December 15, 2010 4 57 PM To City Councd Sub�ect [SPAMJ Support of 9/11 memonal Importance Low My name is Cheyenne Brown and I am showing my support for the Kitsap 9/11 Memorial to be placed in Evergreen Park Thank You for accepting my support �, � ` � i � � � i ; I � � ! 1 ! i �/r3� � �3C� CUC 5300 NW Newberry Hdl Rd Swte 101 • Sdverdale WA 98383 (360) 447-3550 • Fax (360) 447-3590 December 13, 2010 Nick Wofford, Council President Bremerton City Council 345 6`� Street, Surte 600 Bremerton, Washmgton 98337 RE Krtsap 9/11 Memorial President Wofford and members of the Bremerton Crty Council, On behalf of the Board of Fire Commissioners for Central Krtsap Fire & Rescue, we fully support and endorse the permanent placement of the Krtsap 9/11 Memonal m Bremerton's Evergreen-Rotary Park September 11, 2001 will forever be remembered for the horrific acts committed agamst so many mnocent victims And, m the aftermath that followed, we shall not forget how our patriotism shone bright, our deepest compassion poured out, and our resolve umted m liberty and Justice for all We are a different nation today We have all been undemably touched m some way m our everyday life by the events that took place that tragic day Central Krtsap Fire & Rescue is proud to have been awarded the two large steel beams that came from the collapse of the World Trade Center We are proud too of the offer of a 400-pound piece of limestone recovered from the fa�ade of the Pentagon We believe the final restmg place for these histor�cal art�facts m Evergreen Park is most fittmg This pazk, above all others on the Krtsap pemnsula, will afford the 9/11 memor�al that place of honor, solace, and remembrance that rt so deserves Please let us know how Central Krtsap F�re & Rescue can work together w�th the Crty of Bremerton to bring this memonal to frurtion m Evergreen Park Thank you for considenng this opportunrty for improvmg and ennch�ng the commumty we l�ve m Smcerely, Central Krtsap Fire & Rescue �33� �� ��----�� Commissioner Bob Muhleman, Chair Central K�tsap Fire & Rescue Board of Fire Commissioners DATE SUBMITTED November 5, 2010 AGENDA BILL CITY OF BREMERTON CITY COUNCIL .......................................................................................� SUBJECT: Approval of Grant Agreement Committee Meeting Date December 8, 2010 vv�th Department of Ecology for the FY 2011 COUNCIL MEETING Date December 15, 2010 Muiucipal Stormwater Capacrty Grants Department PW&U Program Presenter Larry Matel Phone 473-5342 SUMMARY: The Crty of Bremerton has been awarded a Municipal Stormwater Capacity Grant from the State of Waslungton Department of Ecology to assist the Crty in addressing its stormwater management responsibilrties under the National Pollution Dischazge Elimmation System Phase II (NPDES) permrt This grant is awazded to all uYUts of local government m the State of Washuigton on a per caprta basis Bremerton's award is $165,664 and must be expended by June 30, 2012 ATTACHMENTS: 1 Council Summary, 2 Grant Agreement FISCAL IMPACTS (Include Budgeted Amount) The grant amount is $165,664 and is funded entuely by the State of Washmgton with no local match required APPROVALS: DEPARTMENT DIRECTOR CITY ATTORNEY FINANCE DIRECTOR MAYOR COMMITTEE CHAIR � � o(Tl� COUNCIL PRESIDENT CONSENT AGENDA ❑ GENERAL BUSINESS � PUBLIC HEARING ❑ RECOMMENDED MOTION: Move to approve the FY 2011 Municipal Stormwater Capacrty Grants Program Grant Agreement with the State of Washmgton Department of Ecology, and authonze the Mayor to finalize and execute the agreement wrth substantially the same terms and conditions as presented COIINCIL ACTION. ❑ Approve ❑ Deny ❑ Table ❑ Contmue ❑ No Action Municipal Stormwater Capacity Grants Program Council Summary Summarv The City of Bremerton has been awarded a Municipal Stormwater Capacity Grant from the Waslungton Department of Ecology to assist the crty in addressing its stormwater management responsibilities under the National Pollution Dischazge Elimmation System Phase II (NPDES) permit This grant is awarded to all wuts of local government m the State of Washmgton on a per caprta basis Bremerton's award is $165,664 and must be expended by June 30, 2012 The fundmg can be used for a vv�de vanety of NPDES requirements mcluding public e�ucation, outreach and involvement, activrties to control runoff from new development and redevelopment, polluhon prevention from stormwater emanahng from mwucipal operations, refirung stormwater utilrty rate structures, stormwater morutonng activities, and LID retrofit pro�ects Fiscal Summarv The grant amount is $165,664 and is funded entirely by the State of Waslungton with no local match reqwred Couna! Summary December 2010 �`� D E P A R T M E N T U F �� �!�.,,� �Pl SmG '�� � �S%� a �a�' c�^3�` s��x..�a.,t�� State of Washington FY 2011 MUNICIPAL STORMWATER CAPACITY GRANTS PROGRAM GRANT AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND CITY OF BREMERTON GRANT AGREEMENT NUMBER G1100022 TABLE OF CONTENTS PART I GENERAL INFORMATION 3 PART II PERFORMANCE MEASURES 4 PART III PROJECT DESCRIPTION 4 PART IV PROJECT BUDGET g PART V SCOPE OF WORK 6 PART VI SPECIAL TERMS AND CONDITIONS 9 ATTACHMENT I GENERAL PROJECT MANAGEMENT REQUIREMENTS FOR THE FEDERAL CLEAN WATER ACT SECTION 319 NONPOINT SOURCE FUND 11 ARCI-�OLOGICAL AND CULTURAL RESOURCES 11 EDUCATION AND OUTREACH 11 EQU�Iv�NT PURCHASE 11 FUNDING RECOGNITION 12 INDIItECT RATE 12 MINORITY AND WOMEN'S BUSINESS PARTICIPATION j 2 PAYMENT REQUEST SUBMITTALS 13 POST PROJECT ASSESSMENT 13 PROCUREMENT 13 PROGRESS REPORTS 13 REQUIRED DOCUMENT SUBMITTALS 14 WATER QUALITY MONITORING 14 ATTACHMENT II GENERAL TERMS AND CONDITIONS PERTAINING TO GRANT AND LOAN AGREEMENTS OF THE DEPARTMENT OF ECOLOGY 16 A RECIPIENT PERFORMANCE 16 B SUBGRANTEE/CONTRACTOR COMPLIANCE 16 C THIRD PARTY BENEFICIARY 16 D CONTRACTING FOR SERVICES (BIDDING) 16 E ASSIGNMENTS 16 1 F COMPLIANCE WITH ALL LAWS 16 � G KICKBACKS � � H AUDITS AND [NSPECTIONS 17 I PERFORMANCE REPORTING 17 J COMPENSATION 17 K TERMINATION 1g L WAIVER 19 M PROPERTY RIGHTS 19 N SUSTAINABLE PRODUCTS 2� O RECOVERY OF PAYMENTS TO RECIPIENT 20 P PROJECT APPROVAL 21 Q DISPUTES 21 R CONFLICT OF INTEREST 21 S INDEMNIFICATION 21 T GOVERNING LAW 22 U SEVERABILITY 22 V PRECEDENCE 22 11 MUNICIPAL STORMWATER CAPACITY GRANTS PROGRAM FUNDING AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND CITY OF BREMERTON THIS is a bindmg agreement entered mto, by, and between the state of Wastungton Department of Ecology (DEPARTMENT), and the City of Bremerton (RECIPIENT) T'he purpose of this agreement is to provide funds to the RECIPIENT to carry out the requirements descnbed herein PART I. GENERAL INFORMATION Pro�ect Trtle � Municipal Stormwater Capacity Grant Program State Fiscal Yeaz FY2011 Grant Number G1100022 RECIPIENT Name City of Bremerton Mailing Address 3027 Olympus Dr. Bremerton, WA 98367 RECIPIENT Federal ID Number 91-6001231 Total Eligible Cost ($70,000 plus per caprta calculated amount) $165,664 DEPARTMENT Shaze $165,664 DEPARTMENT Maximum Percentage 100% RECIPIENT Contact Larry Matel Telephone Number (360) 473-5342 Fax Number (360) 473-5398 E-Mail Address larry matel@ci bremerton.wa.us RECIPIENT Billing Contact Ong Smith Telephone Number ' (360) 473-2324 Fax Number (360) 473-5398 E-Mail Address ong smith@ci bremerton wa.us 3 DEPARTMENT Pro�ectlFinanc�al Manager Tracy Farrell Mailmg Address Water Quality Program Wash�ngton State Department of Ecology P.O. Box 47600 Olympia, WA 98504-7600 Telephone Number 360- 407-6502 Fax Number 360- 407-7151 E-Mail Address The effective date of this grant agreement is July 1, 2010 Any work performed pnor to the effectrve date of tlus agreement is not eligible for reimbursement This agreement expires on June 30, 2012 PART II. PERFORMANCE MEASURES A The overall goals of tlus pro�ect are focused on the protection of Smcla�r Inlet, Dyes Inlet and Port Waslungton Narrows of water body] and include one or more of the follovv�ng 1 Stormwater system retrofits 2 Low impact development best management practices B Water Oualrtv Pro�ect Outcomes The following summanze the quantitahve results anticipated from the pro�ect 1 Reduction of untreated stormwater runoff from approximately 60 acres of urban residential watershed C Post Pro�ect Assessment The RECIPIENT agrees to submit a bnef survey three years after pro�ect complehon regardmg the key pro�ect outcomes and the status of environmental results or goals from the pro�ect The DEPARTMENT's Performance Measures Lead will e-mail the RECIPIENT the Post Pro�ect Assessment Survey The DEPARTMENT may conduct on-srte mterviews and mspechons, and may otherwise evaluate the Pro�ect The DEPARTMENT will enter the informahon provided mto its performance measures database to be provided to the Washmgton State Legislature, Umted States Environmental Protection Agency, and other natural resource agencies Approximate Post Pro�ect Assessment Date June 30, 2015 PART III. PROJECT DESCRIPTION The RECIPIENT's stormwater pro�ect will address implementation or management of municipal stormwater programs � 4 The grant funds will be used for NPDES Phase II pro�ect activities, includmg normal permit requirements such as public outreach and education, stormwater momtonng acttvities and development of LID best management practices (BMP) The RECIPIENT will use the funds to develop neighborhood based LID retrofit pro�ects to enable citizen groups to be mvolved m the construction of LID features such as rain gardens, bio-cells and traffic calming circles that mtercept stormwater from local streets m the long established neighborhoods of central Bremerton It is anticipated that curb lines may be relocated in areas to allow for ram gazdens to be constructed in the street nght of way The RECIPIENT will solicit commumty volunteers to complete the firushmg portions of LID sites prepared by mechamzed equipment This will allow for significant public mvolvement in the LID movement in Bremerton and leverage grant dollars with neighborhood "sweat equity" It is anticipated that the Uruon Hill Neighborhood and the Manette Neighborhood m Bremerton will receive considerable interest for tlus opportumty Upon grant execution the City will request proposals from neighborhood groups to participate in ttus program PART IV. PROJECT BUDGET Munic�pal Stormwater Capacity Grants Program, FY2011 TOTAL ELIGIBLE Elements/06�ects COST (TEC)* Task 1— Pro�ect Administration/Management (lim�ted to 10% of total) $15,664 Task 2— Implementat�on and management of Stormwater Program $40,000 Task 3— Des�gn of LID BMP's $5,000 Task 4 — Construction Management $5,000 Task 5 — Construct�on ' $100,000 Total $165,664 *The DEPARTMENT's Fiscal Office will track to the Total Eligible Pro�ect Cost MATCHING REQUIItEMENTS (There are no matc6ing reqwrements) DEPARTMENT Share FY 2011 (100% of TEC) $165,664 Pavment Request Submittals Payment requests will not be submitted more often than monthly, unless allowed by the DEPARTMENT's Pro�ectlFinancial Manager The DEPARTMENT's Pro�ect/Financial Manager may require the RECIPIENT to submit regular payment requests to ensure efficient and timely use of funds Pavment Schedule Payments will be made on a cost-reimbursable basis 5 PART V. SCOPE OF WORK The RECIPIENT will ensure that this pro�ect is completed according to the details of th�s agreement The RECIPIENT may elect to use its own forces or it may contract for professional services necessary to perform and complete pro�ect related work The RECIPIENT certifies by sigmng this agreement that all applicable requirements have been sahsfied in the procurement of any professional services Eligible and meligible pro�ect costs are sepazate and identifiable for billmg purposes If professional services are contracted, the RECIPIENT will submit a copy of the final contract to the DEPARTMENT's Pro�ect/Fmancial Manager Task 1- Pro�ect Admin�strahon/Management A The RECIPIENT vv�ll admiruster the pro�ect Responsibilities will mclude, but not be luruted to maintenance of pro�ect records, submittal of payment vouchers, fiscal forms, and progress reports, compliance v�nth applicable procurement, contracting, and mterlocal agreement reqwrements, application for, receipt of, and compliance vv�th all required pernuts, licenses, easements, or property nghts necessary for the pro�ect, and submittal of required performance rtems B The RECIPIENT will manage the pro�ect Efforts v�nll mclude conducting, coordinat�ng, and scheduling pro�ect activrties and assuring qualrty control Every effort will be made to mamtain effective communication vv�th the RECIPIENT's designees, the DEPARTMENT, all affected local, state, or federal �unsdictions, and any mterested mdividuals or groups The RECIPIENT v�nll carry out tlus pro�ect m accordance wrth any completion dates outlmed m tlus agreement C The RECIPIENT will submit all invoice voucher submittals and supportive documentation, to the DEPARTMENT's Pro�ectlFinancial Manager Copies of a11 applicable forms will be included wrth an onginal A 19-1 A, and will be submitted to the DEPARTMENT Blank forms are found in Admirustrahve Requirements for Recipients of Ecology Grants and Loans at http //www ecy wa �ov/biblio/9118 html Reauired Forms Where Eli�ible Costs Have Incurred Form A 19-1 A(ongmal signature) Form E(ECY 060-12) Form B2 (ECY 060-7) Form F(ECY 060-13) Form C2 (ECY 060-9) Form G(ECY 060-14) Form D(ECY 060-11) Form H(F-21) Form I (ECY 060-15) D If work conducted results m a report, the RECIPIENT will submrt the following to the DEPARTMENT's ProJect/Fmancial Manager and m the quantities identified • Draft pro�ect completion reports — one electroruc copy • Final pro�ect complehon reports — five copies • Electroruc copy of final pro�ect completion report The RECIPIENT will submit two copies of any document(s) wluch requires DEPARTMENT approval Once approval is given, one copy will be returned to the 6 RECIPIENT If the RECIPIENT needs more than one approved copy, the number of submittals should be ad�usted accordingly Task 2— Implementation of Stormwater Plannin� and Management Needs A The RECIPIENT will address stormwater management needs that protect or restore water quality The RECIPIENT may conduct work related to �mplementation of activities required by the mumcipal stormwater National Pollutant Dischazge Elimmation System (NPDES) permits The followmg is a list of elements your pro�ect may include Please check all boxes that apply to your pro�ect � Public education and outreach activrties � Pubhc involvement and participation activrties � Ilhcrt dischazge detection and ehmination (IDDE) program activrties, mcludmg 1 Mapping or geograpluc mformation systems of mwucipal separate storm sewer systems (MS4s), 2 Staff trairung, 3 Activrties to identify and remove illicrt stormwater discharges, 4 Dry weather outfall screerung procedures and field activrties, 5 Complamt hotlme database or trackmg system improvements � Activrties to support programs to control runoff from new development, redevelopment, and construction srtes, including 1 Development of an ordinance and associated techmcal manual, 2 Inspechons before, dunng, and upon completion of construction, or for post- construction long-term mamtenance, 3 Trainmg for plan review and/or mspection staff � Pollution prevention, good housekeeping, and operation and maintenance program activities, such as 1 Inspectmg andlor ma.mtairung the MS4 infrastructure, 2 Developing and/or implementing policies, procedures, or stormwater pollution prevention plans at mutucipal properties or facilrties ❑ Annual reportmg activrties, mcluding developmg a summary of identified barners to the use of low impact development � Establishing and refimng stormwater utilities, mcludmg stable rate structures � Vyater quality monitonng to implement permit requirements for a Water Cleanup Plan (TMDL) Note that any momtonng funded by tlus program requires submittal of a Qualrty Assurance Pro�ect Plan that Ecology approves pnor to awazdmg fundmg for momtonng � Monitonng, includmg 1 Developmg a report to plan for momtonng the next permit cycle, 2 Monitonng activities to meet Phase I permit requirements, ❑ Structural stormwater controls program activrties (Phase I permrt requirement) ❑ Source control for existmg development (Phase I permit requirement), mcludmg 1 Inventory and mspection program, 2 Techrucal assistance and enforcement, 7 3 Staff traimng � Equipment purchases that result directly m improved compl�ance with permit requirements Allowed costs for equipment purchases must be specific to implementing a permit requ�rement (such as a vactor truck) rather than general use (such as a general us pick-up truck) Qualified equipment purchases mclude but are not lim�ted to 1 Illicrt discharge testing equipment and matenals, 2 Vactor truck or sweeper truck or MS4 mamtenance activities, 3 Electromc devices dedicated to mappmg of MS4 facilities and attnbutes, 4 Softwaze dedicated to trackmg permrt implementation activrties Task 3— Design of LID BMP's (Total Task Cost $5,000) A Plans and specifications must be submitted to the DEPARTMENT's Pro�ect Manager 45 days pnor to bid advertisement The DEPARTMENT's Pro�ect Manager will work wrth Ecology's engineer to review the plans and specificahons for consistency The RECIPIENT must�ustify sigruficant deviations from the followuig 1 The followmg depends on the region that your pro�ect is conducted Western Waslungton Stormwater Maintenance Manual (SWMMWV�, found at http //www ecy wa gov/programs/wq/stormwater/manual html, or Eastern Waslungton Stormwater Mamtenance Manual found at http //www ecy wa gov/biblio/0410076 html, or Puget Sound Low Impact Development — Techrucal Guidance found at http //www psp wa gov/downloads/LID/LID manua120Q5 pdf, or equivalent design manuals 2 Good engmeenng practices and generally recogmzed engmeenng standazds, 3 The pro�ect pre-design report B The plans, specifications, construction contract documents, and addenda must be approved by the RECIPIENT pnor to submittal to the DEPARTMENT C The RECIPIENT will prepaze and submit pro�ected construction schedule to the DEPARTMENT D The RECIPIENT will submit a current, updated construction cost estimate along with each plans and specifications submittal E All construction plans submitted to the DEPARTMENT will be reduced to no larger than 11-1/2" x 17" m size The RECIPIENT may bmd them with the specifications or related construction contract documents or bound as a separate document All reduced drawings must be legible F The RECIPIENT will develop and submit a maintenance plan for the stormwater treatment and low impact development (LID) features The mamtenance plan will descnbe how the RECIPIENT will ensure pro�ect success consistent v�nth the design 8 manual used, an example may be plant establishment and surv�val rates The mamtenance plan must also address long term activities to assure ongoing pollutant removal and flow-control capability of the pro�ect (See the Stormwater Mamtenance Manual for Eastern or Western Washington Volume 5, Section 4 6) Required Performance 1 Development of Plans and Specifications for selected LID retrofit pro�ect site(s) by March 31, 2011 Task 4— Comstruchon Mana�ement (Total Task Cost: $5,000 ) A The RECIPIENT v�nll submit a detailed construction quality assurance plan to the DEPARTMENT before the start of construction This plan must descnbe how adequate and competent construction oversight will be performed B The RECIPIENT will submit a construction schedule to the DEPARTMENT withm 30 days of the start of construction The construction schedule vv�ll be revised and/or updated whenever ma�or changes occur and at a minimum of every three months C The RECIPIENT will, upon complehon of construction, provide the DEPARTMENT's Pro�ect Manager with a set of "as-bi.ult" plans that include a record of construction drawmgs wluch reflect ma�or changes, modifications, or other sigmficant revisions made to the pro�ect dunng construction D The RECIPIENT will provide a Declaration of Completion, signed by the professional responsible for constxuction inspection, indicatmg that the pro�ect was completed in accordance wrth the plans, specifications, and ma�or change orders Required Performance 1 Administration, oversight and construction management of selected LID retrofit BMP's at selected site(s) to msure compliance wrth approved plans and specifications by September 30, 2011 Task 5— Construction (Total Task Cost• $100.000 ) A The RECIPIENT will submrt to the DEPARTMENT's Pro�ect Manager a copy of the conshuction contract withm 30 days of execution Required Performance 1 Construction of LID retrofit BMP's at selected site(s) m compliance with the approved plans and specifications by September 30, 2011 PART VI SPECIAL TERMS AND CONDITIONS A Failure to Commence Work In the event the RECIPIENT fails to commence work on the proJect wrthin four months of the signatory date, the DEPARTMENT reserves the nght to termmate this agreement B Use of Force Account In the event the RECIPIENT elects to use its own forces to accomplish eligible pro�ect work, the RECIPIENT acknowledges that it has the legal authonty to perform the work, adequate and techmcally qualified staff to perform the work without compromismg other government functions 9 PART VII. ALL WRITINGS CONTAINED HEREIN The followmg contain the entire understandmg between the parties, and there are no other understandings or representations other than as set forth, or mcorporated by reference, herem • This agreement • Attachment I General ProJect Management Requirements for the Municipal Stormwater Capacity Grants Program • Attachment II General Terms and Conditions • The effective edition, at the sigiung of ttus agreement, of the DEPARTMENT's "Administrative Requirements for Ecology Grants and Loans" • The associated funding guidelines that correspond to the fiscal year in wluch the pro�ect is funded • The applicable statutes and regulations No subsequent modifications or amendments of this agreement will be of any force or effect unless signed by authonzed representatives of the RECIPIENT and the DEPARTMENT and , made a part of this agreement, EXCEPT that in response to a request from the RECIPIENT, the DEPARTMENT may redistnbute the grant budget The DEPARTMENT or the RECIPIENT may change their respective staff contacts wrthout the concurrence of either party The RECIPIENT acknowledges that they have had the opportunity to thoroughly review the terms of ttus agreement, the attachments, all incorporated or referenced documents, as well as a11 applicable statutes, rules, and guidelines mentioned in tlus agreement STATE OF WASHINGTON CITY OF BREMERTON DEPARTMENT OF ECOLOGY KELLY SUSEWIND, P E, P G DATE PATTY - DATE WATER QUALITY PROGRAM MANAGER MAYO APPROVED AS TO FORM ONLY ASSISTANT ATTORNEY GENERAL 10 ATTACHMENT I GENERAL PROJECT MANAGEMENT REQUIREMENTS FOR THE FEDERAL CLEAN WATER ACT SECTION 319 NONPOINT SOURCE FUND ARCHEOLOGICAL AND CULTURAL RESOURCES The RECIPIENT must comply with all requirements listed m Executive Order OS-OS pnor to implementmg any pro�ect that involves disturbing soil Compliance includes coordinating with the Department of Historic and Archeological Preservation and affected tnbes Executive Order OS-OS is found at http //www dahn wa �ov/na�es/EnvironmentalReview/documents/E005 OS pdf The Department of Histonc and Archeological Preservation has provided guidance to irutiate the OS-OS process that can be accessed online at http //www dahp wa �ov/pa�es/Documents/EnvironmentalReview htm and httn //www dahn wa �ov/na�es/EnvironmentalReview/documents/eo0505Guidance 000 pdf EDUCATION AND OUTREACA The RECIPIENT must do a regional search for exishng matenals before producmg any new educational flyers or pamphlets The RECIPIENT must request the use of those matenals before time and resources are mvested to duplicate materials that are already available The RECIPIENT must also check the Washmgton Waters websrte http //www ecy wa �ov/washin t�on waters/mdex html for useful educational matenals These matenals are available for public use and can be downloaded directly from the websrte The RECIPIENT must provide the DEPARTMENT up to two copies and an electronic copy either on floppy disks or CD-ROM of any tangible educahonal products developed under this grant, such as brochures, manuals, pamphlets, videos, audio tapes, CDs, cumculum, posters, media announcements or gadgets, such as a refngerator magnet with a message If tlus is not practical, the RECIPIENT must provide a complete descnption includmg photographs or pnntouts of the product The RECIPIENT must also supply the DEPARTMENT wrth the names and contact mformation of local pro�ect leads If there aze a sigruficant number of people in the commumty that speak languages other than English, the RECIPIENT must produce all pamphlets, fliers, meeting notices, reports, and other educational and public outreach materials m English and m the other prevalent language EQUIPMENT PURCHASE The total cost of all equipment purchased under this pro�ect will not exceed $40,000 Changes m equipment type must have pnor approval from the DEPARTMENT 11 FUNDING RECOGNITION The RECIPIENT must inform the public about DEPARTMENT or EPA funding partictpation in tlus pro�ect through the use of pro�ect signs, acknowledgement in published matenals, reports, the news media, or other public announcements Pro�ects addressing site-specific locations must utilize appropnately sized and weather-resistant signs Sign logos are available from the DEPARTMENT upon request INDIRECT RATE To acknowledge overhead costs, the RECIPIENT may charge an mdirect rate of up to 25 percent based on employees' duect salary and benefit costs incurred wlule conductmg pro�ect-related work The DEPARTMENT's Financial Manager may reqwre a list of rtems mcluded in the mdirect rate at any time MINORITY AND WOMEN'S BUSINESS PARTICIPATION The RECIPIENT agrees to solicit and recruit, to the extent possible, certified mmonty-owned (MBE) and women-owned (WBE) businesses m purchases and contracts mrtiated after the effechve date of tivs agreement Contract awazds or re�ections cannot be made based on MBE or WBE participation M/WBE panc�ipation is encouraged, however, and the RECIPIENT and all prospective bidders or persons subnutting qualifications should take the following steps, when possible, in any procurement irutiated after the effective date of this agreement a) Include qualified minonty and women's busmesses on solicrta.tion lists b) Assure that qualified mmonty and women's businesses aze solicited whenever they are potential sources of services or supplies c) Divide the total requirements, when economically feasible, into smaller tasks or quantrties, to pernut maximum participation by qualified mmonty and women's busmesses d) Establish delivery schedules, where work reqwrements pernut, wluch will encourage participation of qualified mmonty and women's businesses e) Use the services and assistance of the State Office of Mmonty and Women's Business Enterpnses (OMWBE) and the Office of Mmonty Busmess Enterpnses of the U S Department of Commerce, as appropnate The RECIPIENT must report to the DEPARTMENT at the tune of submittmg each mvoice, on forms provided by the DEPARTMENT, payments made to qualified firms Please mclude the follownng mformation a) Name and state OMWBE certification number (if available) of any qualified firm receivmg funds under the mvoice, including any sub-and/or sub-subcontractors b) The total dollar amount paid to qualified firms under this invoice 12 PAYMENT REQUEST SUBMITTALS Frequency The RECIPIENT must subm�t payment requests at least quarterly but no more often than monthly, unless allowed by the DEPARTMENT's Financial Manager The DEPARTMENT's Financial Manager may require the RECIPIENT to submit regular payment requests to ensure efficient and timely use of funds Supportin� Documentation The RECIPIENT must subm�t all payment request vouchers and supportive documentation to the DEPARTMENT's Financial Manager Payment request voucher submittals are based on match requirements found m the b�dget Required Forms Any Match Combmation Cash Only Match Where Applicable Form A19 (ongmal s�gnature) Form A19 (ongmal signature) Form E(ECY 060 Form B1 (ECY 060-3) Form B2 (ECY 060-7) Form F(ECY 060-13) Form C 1(ECY 060-8) Form C2 (ECY 060-9) Form H(F-21) Form D(ECY 060-11) Form D(ECY 060-11) Form I(ECY 060-15) Reporhng eligible costs The RECIPIENT must report all eligible costs incurred on the pro�ect, regazdless of the source of funding for those costs This mcludes costs used as match All eligible and meligible pro�ect costs must be sepazate and idenhfiable Reimbursements Payments will be made on a cost-reimbursable basis POST PROJECT ASSESSMENT The RECIPIENT agrees to submrt a bnef survey regarding the key pro�ect results or water qualrty pro�ect outcomes and the status of long-term environmental results or goals from the pro�ect three years after pro�ect complehon The DEPARTMENT's Water Qualrty Program Performance Measures Lead will contact the RECIPIENT before the Post Pro�ect Assessment date to request this data The DEPARTMENT may also conduct site mterviews and inspections, and may otherwise evaluate the Pro�ect, as part of this assessment PROCUREM�NT The RECIPIENT certifies by signmg this agreement that all applicable requirements have been satisfied in the procurement of any professional services PROGRESS REPORTS The RECIPIENT must submit quarterly progress reports to the DEPARTMENT's Fmancial Manger and Pro�ect Manager Payment requests will not be processed without a progress report 13 Report�ng Penods • January 1 through March 31 • Apnl 1 through June 30 • July 1 through September 30 • October 1 through December 31 Reportmg Date Quarterly progress reports are due 15 days follov�nng the end of the quarter Report Content At a mirumum, all progress reports must contam a companson of actual accomplishments to the obJectives established for the penod, the reasons for delay if established ob�ectives were not met, analysis and explanation of any cost overruns, and any addrtional pertment information specified m tlus agreement The recipient must also attach all landowner agreements signed dunng the respecrive quarter to each progress report REQUIRED DOCUMENT SUBNIITTALS The RECIPIENT must submit the following documents to the DEPARTMENT as requested by the DEPARTMENT's Pro�ect Manager or Financial Manager • Draft pro�ect complehon reports — up to 3 copies • Electroruc copy of final pro�ect completion report —1 copy • Final pro�ect completion reports — up to 8 copies • Final pro�ect completion reports of statewide sigruficance — up to 50 copies • Educational products developed under tlus agreement — up to 2 copies • Documents that require DEPARTMENT Approval — 2 copies (one for the DEPARTMENT and one for the RECIPIENT) � Interlocal agreements — l copy for the DEPARTMENT's Financial Manager • Professional services procurement agreements —1 copy to the DEPARTMENT's Fmancial Manager WATER QUALITY MONTrORING Qualrty Assurance Pro�ect Plan QAPP) Pnor to initiahng water quality monitonng activrties, the RECIPIENT must prepaze a Qualrty Assurance Pro�ect Plan (QAPP) The QAPP must follow Ecology's Gurdelines and Specifications for Prepartng Quality Assurance ProJect Plans for Environmental Studies, February 2001 (Ecology Publication No 01-03-003) The applicant may also reference the Technrcal Guidance forAssesstng the Quality ofAquatic Environments, revised February 1994 (Ecology Publication No 91-78) or more current revision, m developmg the QAPP The RECIPIENT must submit the QAPP to Ecology's pro�ect manager for review, comment, and must be approved before startmg the environmental monrtonng activities The RECIPIENT must use an environmental laboratory accredrted by Ecology to analyze water samples for all parameters to be analyzed that require bench testing Information on currently 14 accredited laboratones and the accreditation process is provided on the Department of Ecology's Environmental Assessment Program's website, available at http //www ec�wa gov/programs/eap/labs/search html The RECIPIENT should manage all momtonng data collected or acquired under this agreement in order to be available to secondary users and meet the "ten-year rule " The ten-year rule means that data documentation is sufficient to allow an individual not directly familiaz with the specific morutonng effort to understand the purpose of the data set, methods used, results obtamed, and qualrty assurance measures taken ten years after data are collected Morutonn� Data Submittal / Environmental Information Management S s�tem Fundmg recipients that collect water quality momtonng data must submrt all data to Ecology through the Environmental Information Management System (EIM) Data must be submitted by follov�nng mstructions on the EIM website, currently available at http //www ecy wa ov/eim The data submittal portion of the EIM websrte provides information and help on formats and requirements for submittmg tabular data Specific questions about data submittal can be directed to the EIM Data Coordinator, cunently available at eim data coordinator(�a,ec�a �o_v If GIS da.ta is collected, Ecology data standards are encouraged An Ecology Focus Sheet entitled GIS Data and Ecology Grants (Publication No 98-1812-SEA) outlines the standazds Common standazds must be used for infrastructure details, such as geograpluc names, Geograpluc Information System (GIS) coverage, list of inethods, and reference ta.bles 15 ATTACHMENT lI: GENERAL TERMS AND CONDITIONS PERTAINING TO GRANT AND LOAN AGREEMENTS OF THE DEPARTMENT OF ECOLOGY A. RECIPIENT PERFORMANCE All activities for which grandloan funds are to be used shall be accomplished by the RECIPIENT and RECIPIENT's employees The RECIPIENT shall only use contractor/consultant assistance if that has been included in the agreement's final scope of work and budget B. SUBGRANTEE/CONTRACTOR COMPLIANCE The RECIPIENT must ensure that all subgrantees and contractors comply with the terms and conditions of tlus agreement C. THIRD PARTY BENEFICIARY The RECIPIENT shall ensure that m all subcontracts entered into by the RECIPIENT pursuant to this agreement, the state of Washmgton is named as an express tlurd-party beneficiary of such , subcontracts with fuli nghts as such D. CONTRACTING FOR SERVICES (BIDDING) Contracts for construction, purchase of equipment and professional arclutectural and engmeenng services shall be awazded through a competrtive process, if required by State law RECIPIENT shall retam copies of all bids received and contracts awarded, for mspection and use by the DEPARTMENT E. ASSIGNMENTS No nght or claim of the RECIPIENT ansmg under tlus agreement shall be transferred or assigned by the RECIPIENT F. COMPLIANCE WITH ALL LAWS 1 The RECIPIENT shall comply fully with all applicable Federal, State and local laws, orders, regulations and permrts Pnor to commencement of any construction, the RECIPIENT shall secure the necessary approvals and permrts required by authonties having�unsdichon over the pro�ect, provide assurance to the DEPARTMENT that all approvals and permits have been secured, and make copies available to the DEPARTMENT upon request 2 Discnmmation The DEPARTMENT and the RECIPIENT agree to be bound by a11 Federal and State laws, regulahons, and policies agamst discnminahon The RECIPIENT further agrees to �rmatively support the program of the Office of Minonty and Women's Busmess Enterpnses to the maximum extent possible If the agreement is federally-funded, the RECIPIENT shall report to the DEPARTMENT the percent of grantJloan funds available to women or mmonty owned busmesses 3 Wages And Job Safety The RECIPIENT agrees to comply with all applicable laws, regulations, and policies of the Umted Sta.tes and the State of Washington which affect wages and �ob safety 4 Industnal Insurance The RECIPIENT certifies full compliance with all applicable state industnal msurance requirements If the RECIPIENT fails to comply with such laws, the DEPARTMENT shall have the nght to immediately termmate tlus agreement for cause as provided in Section K 1, herem 16 G. KICKBACKS The RECIPIENT is prohibited from inducing by any means any person employed or otherwise �nvolved in this pro�ect to give up any part of the compensation to which he/she is otherwise entitled or, receive any fee, commission or gift m return for award of a subcontract hereunder H. AUDITS AND INSPECTIONS 1 The RECIPIENT shall maintam complete program and financial records relatmg to this agreement Such records shall cleazly mdicate total receipts and expenditures by fund source and task or ob�ect All grant/loan records shall be kept m a manner which provides an audrt trail for all expenditures All records shall be kept m a common file to facilitate audrts and mspections Engmeenng documentahon and field mspection reports of all construction work accomplished under tlus agreement shall be maintamed by the RECIPIENT 2 All grant/loan records shall be open for audrt or inspection by the DEPARTMENT or by any duly authorized audrt representative of the State of Washington for a penod of at least three years after the final grant paymendloan repayment or any dispute resolution hereunder If any such audits identify discrepancies m the financial records, the RECIPIENT shall provide clanfication and/or make ad�ustments accordingly 3 All work performed under tlus agreement and any equipment purchased, shall be made available to the DEPARTMENT and to any authonzed state, federal or local representative for inspection at any time durmg the course of tlus agreement and for at least three years followmg grant/loan termmation or dispute resoluhon hereunder 4 RECIPIENT shall meet the provisions m OMB Circular A-133 (Audrts of States, Local Governments & Non Profit Orgaiuzations), including the compliance Supplement to OMB Circulaz A-133, if the RECIPIENT expends $500,000 or more in a yeaz m Federal funds The $500,000 threshold for each yeaz is a cumulahve total of all federal funding from all sources The RECIPIENT must forward a copy of the audit along with the RECIPIENT'S response and the final corrective action plan to the DEPARTMENT wrtlum m�ety (90) days of the date of the audit report I. PERFORMANCE REPORTING � The RECIPIENT shall submrt progress reports to the DEPARTMENT vv�th each payment request or such other schedule as set forth m the Special Condrtions The RECIPIENT shall also report in wntmg to the DEPARTMENT any problems, delays or adverse condrtions wluch vv�ll matenally affect their ability to meet pro�ect ob�ectives or time schedules Tlus disclosure shall be accomparued by a statement of the action taken or proposed and any assistance needed from the DEPARTMENT to resolve the situation Payments may be withheld if required progress reports are not submitted Quarterly reports shall cover the penods January 1 through March 31, Apnl 1 through June 30, July 1 through September 30, and October 1 through December 31 Reports shall be due wrthm thirty (30) days followmg the end of the quarter bemg reported J. COMPENSATION 1 Method of compensation Payment shall normally be made on a reimbursable basis as specified in the grant agreement and no more often than once per month Each request for payment will be submitted by the RECIPIENT on State voucher request forms provided by the DEPARTMENT along with documentation of the expenses Payments sha11 be made for 17 each task/phase of the pro�ect, or portion thereof, as set out m the Scope of Work when completed by the RECIPIENT and approved as satisfactory by the Pro�ect Officer The payment request form and supporhve documents must itemize all allowable costs by ma�or elements as descnbed m the Scope of Work Instructions for submittmg the payment requests are found in "Admmistrahve Requirements for Ecology Grants and Loans", part IV, published by the DEPARTMENT A copy of this document shall be furmshed to the RECIPIENT When payment requests are approvec� by the DEPARTMENT, payments will be made to the mutually agreed upon designee Payment requests shall be submitted to the DEPARTMENT and directed to the Pro�ect Officer assigned to admmister this agreement 2 Penod of Compensation Payments sha11 only be made for actions of the RECIPIENT pursuant to the grant/loan agreement and performed after the effective date and pnor to the expira.tion date of ttus agreement, unless those dates are specifically modified in wnting as provided herein 3 Final Request(s) for Payment The RECIPIENT should submit final requests for compensation witlun foriy-five (45) days after the expiration date of ttus agreement and wrthin fifteen (15) days after the end of a fiscal bienruum Failure to comply may result m delayed reimbursement 4 Performance Guazantee The DEPARTMENT may wrthhold an amount not to exceed ten percent (10%) of each reimbursement payment as secunty for the RECIPIENT's performance Morues withheld by the DEPARTMENT may be paid to the RECIPIENT when the pro�ect(s) descnbed herein, or a portion thereof, have been completed if, m the DEPARTMENT's sole discretion, such payment is reasonable and approved according to tlus agreement and, as appropnate, upon complehon of an audrt as specified under section J 6 herem 5 Unauthonzed Expenditures All payments to the RECIPIENT may be sub�ect to final audit by the DEPARTMENT and any unauthonzed expendrture(s) charged to this grant/loan shall be refunded to the DEPARTMENT by the RECIPIENT 6 Mileage and Per Diem If mileage and per diem are paid to the employees of the RECIPIENT or other public entities, it shall not exceed the amount allowed under state law for state employees 7 Overhead Costs No reunbursement for overhead costs shall be allowed unless provided for m the Scope of Work hereunder K. TERMINATION 1 For Cause The obligation of the DEPARTMENT to the RECIPIENT is contingent upon satisfactory performance by the RECIPIENT of all of rts obligations under tlus agreement In the event the RECIPIENT un�ustifiably fails, in the opmion of the DEPARTMENT, to perform any obligation required of it by this agreement, the DEPARTMENT may refuse to pay any further funds there under and/or termmate this agreement by givmg wntten notice of termmation A wntten notice of termmation shall be given at least five worlcing days pnor to the effective date of termmation In that event, all firushed or unfimshed documents, data studies, surveys, 18 drawmgs, maps, models, photographs, and reports or other matenals prepared by the RECIPIENT under this agreement, at the option of the DEPARTMENT, shall become Department property and the RECIPIENT shall be entitled to receive �ust and equitable compensation for any satisfactory work completed on such documents and other matenals Despite the above, the RECIPIENT shall not be relieved of any liability to the DEPARTMENT for damages sustamed by the DEPARTMENT and/or the State of Washmgton because of any breach of agreement by the RECIPIENT The DEPARTMENT may withhold payments for the purpose of setoff until such time as the exact amount of damages due the DEPARTMENT from the RECIPIENT is determined 2 Insufficient Funds The obligation of the DEPARTMENT to make payments is contingent on the availability of state and federal funds through legislative appropnation and state allotment When tlus agreement crosses over state fiscal years the obligation of the DEPARTMENT is contingent upon the appropnation of funds dunng the next fiscal year The failure to appropnate or allot such funds shall be good cause to termmate tlus agreement as provided in paragraph K 1 above When this agreement crosses the RECIPIENT's fiscal year, the obligation of the RECIPIENT to contmue or complete the pro�ect descnbed herein shall be contmgent upon appropnation of funds by the RECIPIENT's goverrung body, provided, however, that notlung contained herein shall preclude the DEPARTMENT from demandmg repayment of ALL funds paid to the RECIPIENT m accordance wrth Section O herein 3 Failure to Commence Work In the event the RECIPIENT fails to commence work on the pro�ect funded herein within four months after the efFechve date of this agreement, or by any date agreed upon in wnting for commencement of work, the DEPARTMENT reserves the nght to termmate tlus agreement L. WAIVER Waiver of any RECIPIENT default is not a wasver of any subsequent default Waiver of a breach of any provision of tlus agreement is not a waiver of any subsequent breach and will not be construed as a modification of the terms of tlus agreement unless stated as such m wntmg by the authonzed representatrve of the DEPARTMENT M. PROPERTY RIGHTS 1 Copynghts and Patents When the RECIPIENT creates any copynghtable matenals or invents any patentable property, the RECIPIENT may copynght or patent the same but the DEPARTMENT retains a royalty-free, nonexclusive and irrevocable license to reproduce, publish, recover or otherwise use the matenal(s) or property and to authonze others to use the same for federal, state or local government purposes Where federal fundmg is mvolved, the federal government may have a propnetary mterest in patent nghts to any mventions that are developed by the RECIPIENT as provided m 35 U S C 200-212 2 Publications When the RECIPIENT or persons employed by the RECIPIENT use or publish mformation of the DEPARTMENT, present papers, lectures, or semmars mvolvmg information supplied by the DEPARTMENT, use logos, reports, maps or other data, m pnnted reports, signs, brochures, pamphlets, etc , appropnate credit shall be given to the DEPARTMENT 19 3 Tangible Property Rights The DEPARTMENT's current edition of "Administrative Requirements for Ecology Grants and Loans", Part V, shall control the use and disposition of all real and personal properly purchased wholly or m part with funds furnished by the DEPARTMENT m the absence of state, federal statute(s), regulat�on(s), or pol�cy(s) to the contrary or upon specific instructions with respect thereto in the Scope of Work 4 Personal Property Furrushed by the DEPARTMENT When the DEPAR�'MENT provides personal property directly to the RECIPIENT for use in performance of the proJect, rt shall be returned to the B-4 DEPARTMENT pnor to final payment by the DEPARTMENT If said property is lost, stolen or damaged while m the RECIPIENT's possession, the DEPARTMENT shall be reimbursed m cash or by setoff by the RECIPIENT for the fau� market value of such property 5 Acquisition Pro�ects The following provisions shall apply if the proJect covered by ttus agreement mcludes funds for the acquisrtion of land or facilrties a Pnor to disbursement of funds provided for in tlus agreement, the RECIPIENT shall establish that the cost of land/or facilities is faar and reasonable b The RECIPIENT shall provide satisfactory evidence of title or abilrty to acquire title for each parcel pnor to disbursement of funds provided by tlus agreement Such evidence may mclude title msurance policies, Torrens certificates, or abstracts, and attorney's opimons establislung that the land is free from any impediment, lien, or claim which would impau� the uses contemplated by tlus agreement 6 Conversions Regardless of the contract termination date shown on the cover sheet, the RECIPIENT shall not at any time convert any equipment, property or facilrty acquired or developed pursuant to tlus agreement to uses other than those for wluch assistance was ongmally approved wrthout pnor wntten approval of the DEPARTMENT Such approval may be conditioned upon payment to the DEPARTMENT of that portion of the proceeds of the sale, lease or other conversion or encumbrance wluch momes granted pursuant to tlus agreement bear to the total acquisrtion, purchase or construction costs of such property N. SUSTAINABLE PRODUCTS In order to sustain Washmgton's natural resources and ecosystems, the RECIPIENT is encouraged to implement susta.inable practices where and when possible These practices include use of clean energy, and purchase and use of sustainably produced products (e g, recycled paper) For more mformation, see http //www ecy wa �ov/sustamabilitv/ O. RECOVERY OF PAYMENTS TO RECIPIENT The nght of the RECIPIENT to retain morues paid to it as reimbursement payments is contingent upon satisfactory performance of ttus agreement includmg the satisfactory completion of the pro�ect descnbed in the Scope of Work In the event the RECIPIENT fails, for any reason, to perform obligations required of it by this agreement, the RECIPIENT may, at the DEPARTMENT's sole discretion, be required to repay to the DEPARTMENT all grantlloan funds disbursed to the RECIPIENT for those parts of the pro�ect that are rendered worthless m the opimon of the DEPARTMENT by such failure to perform Interest shall accrue at the rate of twelve percent (12%) per year from the time the DEPARTMENT demands repayment of funds If payments have been discontmued by the DEPARTMENT due to msufficient funds as in 20 Section K 2 above, the RECIPIENT shall not be obligated to repay monies which had been paid to the RECIPIENT pnor to such termination Any property acqu�red under this agreement, at the option of the DEPARTMENT, may become the DEPARTMENT'S property and the RECIPIENT'S liability to repay monies shall be reduced by an amount reflecting the fair value of such property P. PROJECT APPROVAL The extent and chazacter of all work and services to be performed under this agreement by the RECIPIENT shall be sub�ect to the review and approval of the DEPARTMENT through the Pro�ect Officer or other designated official to whom the RECIPIENT shall report and be responsible In the event there is a dispute with regard to the extent and character of the work to be done, the determmation of the Pro�ect Officer or other designated official as to the extent and character of the work to be done shall govern The RECIPIENT shall have the nght to appeal decisions as provided for below Q. DISPUTES Except as otherwise provided m tivs agreement, any dispute concernmg a question of fact ansmg under tlus agreement which is not disposed of in wntmg shall be decided by the Pro�ect Officer or other designated official who shall provide a written statement of decision to the RECIPIENT The decision of the Pro�ect Officer or other destgnated official shall be final and conclusive unless, withm tlurty days from the date of receipt of such statement, the RECIPIENT mails or otherwise fumishes to the Director of the DEPARTMENT a wntten appeal In connection with appeal of any proceedmg under tlus clause, the RECIPIENT shall have the opporturuty to be heazd and to offer evidence in support of tlus appeal The decision of the Director or duly authonzed representative for the determmation of such appeals shall be final and conclusive Appeals from the Director's determmation shall be brought in the Supenor Court of Thurston County Review of the decision of the Director will not be sought before either the Pollution Control Heanngs Board or the Shorelme Heanngs Board Pendmg final decision of dispute hereunder, the RECIPIENT shall proceed diligently wrth the performance of tlus agreement and m accordance wrth the decision rendered R. CONFLICT OF INTEREST Nb officer, member, agent, or employee of erther party to this agreement who exercises any function or responsibility in the review, approval, or carrying out of this agreement, shall participate in any decision wluch affects his/her personal interest or the interest of any corporation, partnership or association m wluch he/she is, directly or mdirectly mterested, nor shall he/she have any personal or pecuniary interest, direct or mdirect, in this agreement or the proceedsthereof S. INDEMNIFICATION 1 The DEPARTMENT shall m no way be held responsible for payment of salanes, consultant's fees, and other costs related to the pro�ect descnbed herein, except as provided in the Scope of Work 2 To the extent that the Constitution and laws of the State of Washmgton permit, each party shall mdemnify and hold the other harmless from and against any liability for any or all 21 �n�unes to persons or property ansing from the negl�gent act or omission of that party or that party's agents or employees ansing out of th�s agreement T. GOVERNING LAW This agreement shall be governed by the laws of the State of Washington U. SEVERABILITY If any provision of this agreement or any prov�sion of any document incorporated by reference shall be held invalid, such mvalidity shall not affect the other provisions of tl�us agreement which can be given effect without the mvalid provision, and to this end the provisions of ttus agreement are declared to be severable V.PRECEDENCE In the event of mconsistency in this agreement, unless otherwise provided herem, the inconsistency shall be resolved by givmg precedence m the follov�nng order (a) applicable Federal and State statutes and regulations, (b) Scope of Work, (c) Special Terms and Conditions, (d) Any terms incorporated herein by reference including the "Admmistrative Requirements for Ecology Grants and Loans", and (e) the General Terms and Condrtions SS-010 Rev 04/04 22