HomeMy WebLinkAbout12/15/2010 AGENDA -,
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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
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REQUESTS FOR INFORMATION MUST BE SUBMITTED IN WRITING TO THE CLERK
THANK YOU
DATE SUBMiFTBD 12/15/2U70
AGENDA BILL
C1TY OP BREMERTON
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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
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ATTACHMENTS: Meeting M�nutes for (JOv 2�� �-p I a
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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 (�
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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
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�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 ❑
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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
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T e.C.° � YK. ( � � � [)�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
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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
_.
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� 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
�
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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
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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)
�
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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
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Page I of I
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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
�,
�
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�/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
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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
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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
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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
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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,
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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
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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
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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
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�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
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