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Home My WebLink About03/16/05 AGENDA m F1LE CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337-1873 cY3 (360) 473-5280 MARCH 16, 2005 CITY COUNCIL MEETING AGENDA 1. PRE-COUNCIL STUDY SESSION: S:OO - S:30 P.M. in COUNCIL CONFERENCE A. General Council Business 2. CALL TO ORDER: S:30 P.M. in MEETING CHAMBERS ON A. Pledge of Allegiance B. Invocation 3. MAYOR'S REPORT 4. PUBLIC SERVICE ANNOUNCEMENTS S. CONSENT AGENDA A. Claims & Check Register (#ABOS-064) B. Minutes of Meeting - March 2, 200S (#ABOS-06S) C. Minutes of Meeting - March 9, 200S (#ABOS-066) D. Appointments of Jim Reed, Dena Swisher, and Douglas Wakefield to the Citizen's Commission on Council Salaries (#ABOS-067) E. Law Enforcement Services Agreement Addendum #3 with Kitsap Transit (#AB05-068) F. Sole Source Purchase of a new Conveyor for the existing centrifuge at the Waste Water Treatment Plan (#ABOS-069) G. Professional Services Agreement with HDR ENGINEERING, INC. for Engineering Design Services for Sewage Pump Station CW-1 200S Modifications (#AB05-070) 6. PUBLIC HEARINGS A. Public Hearing and Ordinance No. 493S, approving and confirming the Final Assessment Roll for UUD 2002-01 (#AB05-071) B. Public Hearing and Resolution No. 2959, approving Purchase and Sale Agreement for SR3 Park Property (#ABOS-072) 7. GENERAL BUSINESS P UJ A. Pl:JrGlIi:tse and Sale Agreement between tile City af 8remerton and CHEVRON IIS~.It>IC. fA r~g~FEiiRg A"""'Iuisltlon or Keal property adjacent to Evergreen ParR (#ABOS-013) 8. Purchase and Sale Agreement between the City of Bremerton and JOHN RADOVICH LLC for the Sale of Bremerton City Hall (#ABOS-074) C. Ordinance No. 4936 creating Chapter 2.32 of the Bremerton Municipal Code (BMC) entitled "GOLD MOUNTAIN COMPLEX BOARD OF DIRECTORS" (#AB05-075) CONTINUED ON BACK... II Americans wfth Disabilities Act (ADA) accommodations provided upon request. Those requiring special accommodations should contact the City Clerk's Office at (360) 473-5323 by noon on the Monday preceding the Council meeting. D. Ordinance No: 4934 repealing and replacing Chapters 2.76 and 2.79 of the Bremerton Municipal Code (BMC) with new Chapter 2.76 entitled PROCUREMENT AND DISPOSAL CODE (#AB05-076) puJ led E Apprn'Jal sf COSG Pro@)ram Ad'TliRi&tr~t9r staRin@) ealsl y dl P liy Bli"d 11, Rdle 7 \if the '- Plofe::sslonal Pay Ph:lll, Cllld Authorizing a Transition Overlal3 (#AD05-077j.. 8. PUBLIC RECOGNITION 9. COUNCIL MEMBER REPORTS 10. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING ". ~ CITY COUNCIL MEETING SPEAKERS LIST PLEASE NOTE THAT ALL REQUESTS FOR INFORMATION FROM THE CITY OF BREMERTON MUST BE SUBMITTED IN WRITING. THANK YOU. PLEASE PRINT YOUR NAME BELOW IF YOU PLAN TO SPEAK DURING THE COUNCIL MEETING TONIGHT ~k~~~: .. _ n J~(Ar)o('v 115:DIt) WAl k,r,o.f 'freEs) PROCLAMATION WHEREAS, March 17,2005, has been declared by Camp Fire USA, a national youth development organization, Absolutely Incredible Kid Day, and WHEREAS, Camp Fire USA commemorates its ninth annual Absolutely Incredible Kid Day on this date; and WHEREAS, as a part of the celebration of children on this day, adults are encouraged to send letters of love and appreciation to young people in their lives; and WHEREAS, the Camp Fire USA mission pledges a firm commitment to building caring, confident youth and future leaders, an extension of that commitment is handed to caring adults through this event to express their feelings in a letter or note which has the profound ability to make a lasting and positive impact on the children in our country; NOW, THEREFORE, I, Cary Bozeman, Mayor of the City of Bremerton do hereby proclaim March 17, 2005 as Absolutely Incredible Kid Day in Bremerton and urge all adults to participate and make a difference in the life of a child. SIGNED this 16th day of March 2005. Cary Bozeman, Mayor / Office of the Mayor 345 6th Street, Suite 600 Bremerton, WA 98337-1873 Telephone: 360-473-5266 Fax: 360-473-5883 mayor@ci.bremerton.wa.us Cary Bozeman, Mayor Mayors Priority Issues March 2005 . Begin construction of Kitsap Credit Union building this month. Issue permits. . Martin L. King Library renovation. . Anthony's restaurant construction starting? . Bids on Washington A ve. waterfront Condos, selection of contractor and begin construction. . Acceptance of contribution of Chevron Property near Evergreen Park for future expansion of park. . Agreement with Navy on joint use of the downtown parking garage. . Agreement with Navy on Utility rates. . Agreement with Navy on giving us access to property for the Harborside Park and Building 50. · Funding for Harborside Park. · Selling the Fire Station. · Establish Blue Ribbon Committee on Children and Family needs in our City. · Install new sign at entrance to Gold Mountain Golf Course. -- f/C ; y' . Begin Skate Board park construction. . Sale of old City Hall. . Design of Harborside Trail. . Sale of Tracy ton property . Funding 2006 Public Links Golf Tournament. . Support of the Bremerton School Bond issue. . Harrison Hospital long range plan. . Possible Streets and Parks Levy in 2006. . Find location and facility for the Municipal Court. . Define a plan and strategy to fund and manage BKAT. . Move the redevelopment of Westpark forward. . Expansion of the Bremerton Marina. . Sale of Eastpark and begin planning and development process for 300 new homes in Bremerton. DATE SUBMITTED: BILL # OS- ";-,()ft:;jP AGENDA BILL CITY OF BREMERTON CITY COUNCIL mM~um66.6me.saEegm6~tim6g@Bm6nBm~EDmE~mSSmSBB6&me8smB.68gSRm~m.gRUmmm8gB~EmEesemREmBmR~el SUBJECT: Approval of Claims and Checks Conullittee Meeting Date: - Register COUNCIL MEETING Date: (5 -/~ -oS: Department: Financial Services Presenter: Cathy J 01111son Phone: 473-5296 SUMMARY: Consent agenda item. Approval of payroll, checks and electronic fund transfers. ATTACHMENTS: FISCAL IMPACTS (Include Budgeted Amount):. { APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MA YOR: FISCAL/BUDGET: --- CONSENT AGENDA IZI OPERATIONS: ^ COUNCIL PRESIDENT: - ~ ('o'v--- RECOMMENDED MOTION: Move to Approve: &7rc~~&7lfS 1) Check #'s$?/~}(' througlQ9' f V73 and EFT's (~7 ~ r; through t; 7 3 :? I u7CfO ~7'S~ &7f/~ intheamountof$IJx~ /99: 31 I 2) Regular ~ayroll for he pay period ending 02 -;2 ~-- 0) in the amount of $ ,ZJ.)?;2 s-s; ~ 7 I I 3) Retiree Payroll for the pay period ending ;2 ~ 2fr-O~ in the amount of $ 73lJ9~, 5'G I COUNCIL ACTION: ~prove o Deny o Table o Continue o No Action ---------- DATE SUBMITTED: 3;3/05 BILL # 05- 0(,.1'_ AGENDA BILL CITY OF BREMERTON 513 CITY COUNCIL ........................................................................................ SUBJECT: Minutes of Meeting - 3/(}.../o5 Committee Meeting Date: N/A COUNCIL MEETING Date: fv/CiVt_lrl J '-'. ;)..6(~S Department: City Council' Presenter: Daren Nygren, Council President Phone: (360) 473-5280 SUMMARY: Attached are the minutes for the Council Meeting held. 3/~/O5 ATTACHMENTS: Minutes for "3/~ /05 FISCAL IMP ACTS (Include Budgeted Amount): 0 APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: FISCAL/BUDGET: CONSENT AGENDA I:8J OPERATIONS: COUNCIL PRESIDENT: ~~ RECOMMENDED MOTION: Move to pass the Consent Agenda as presented. COUNCIL ACTION: 0 Approve o Deny o Table o Continue o No Action DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wednesday, March 2, 2005 The weekly meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, of the NORM DICKS GOVERNMENT CENTER 345 6th Street, Bremerton, Washington, Wednesday, March 2, 2005, at 5:30 P.M., with Council President Daren Nygren presiding. Council members present were Mike Short, Will Maupin, Carol Arends, Dianne Robinson, Wendy Priest, Cecil McConnell, and Brad Gehring. Council Member Mike Shepherd was absent. Also present were City Attorney Roger Lubovich; City Clerk Paula Johnston; and Council Assistant Christine Grenier. The Pledge of Allegiance was led by Council Member Cecil McConnell; followed by the invocation provided by Reverend Debbie Little of First Christian Church. President NYQren made the following announcements: 1. A Pre-Council session was held in Council Conference Room 603 from 5:00 to 5:30 PM; 2. Public Recognition will be heard immediately following the Consent Agenda tonight; and 3. A Study Session would be held on Tuesday, March 8th from 5:30 to 7:00 PM in Council Conference Room 603 for continued discussion on "Proposed Amendments to Title 20 of the Bremerton Municipal Code relating to the Zoning Code" with Chris Hugo, Director of the Community Development Department. MAYOR'S REPORT - Mayor Bozeman... . Provided details from the 2004 Year-Ending Preliminary Financial Report; . Read a Proclamation to proclaim the Month of March 2005 as "Brain Injury Awareness Month", which was accepted by Suzanne Griffin with the Brain Injury Association of America; . Read a Proclamation to proclaim the Month of March 2005 as "Red Cross Month"; which Mayor Bozeman accepted on behalf of Janet Mayberry of the American Red Cross. PUBLIC SERVICE ANNOUNCEMENTS Jodi Wroblewski from the Parks Department invited citizens interested in a Bremerton Dog Park to attend a community meeting on the subject at the Sheridan Community Center at 6:00 PM, Thursday, March 3rd. Daren NYQren encouraged the community to participate in the Kitsap County Youth Forum to be held at the Kitsap County Fair Grounds Pavilion on Saturday, March 1ih from 2:30 to 8:30 PM. Citizens may call Gabe Neil at 337-4879 for more information. CONSENT AGENDA A. Check Numbers 297955 - 297957; 297976 - 298126; and EFT-6714 - EFT-6727 in the amount of $1,152,226.91 (#AB05-055) 8. Minutes of Meeting - February 23, 2005 (#AB05-056) C. Sole Source Purchase of a Bomag 813 Paver Machine from WESTERN POWER AND EQUIPMENT (#AB05-057) D. Professional Services Agreement with URS CORPORATION for Engineering and Architectural Services for the Pump Station 4 Redesign and Remodel Project (#AB05-058) E. Resolution No. 2958 extending the existing loan from the EQUIPMENT RENTAL RESERVE FUND to ULlD 2002-1 Fund (#AB05-059) 5:47:25 M/S/C/U (Priest/McConnell) Move to approve the Consent Agenda as presented. City Council Reg. Mtg. Minutes Wednesday, March 2, 2005 Page 2 of 5 PUBLIC RECOGNITION Suzanne Griffin, Brain Injury Association, will be providing a public service announcement for the Northwest Afternoon program on March 14th at 2:00 PM at Fischer Plaza in Seattle. For more information regarding events and programs, people may call (360) 475-6480. 6A - RESOLUTION NO. 2956 TO SURPLUS AND APPROVE SALE OF PUBLIC UTILITY PROPERTY (38) ACRES FORMERLY KNOWN AS THE TRACYTON WATERSHED) TO BEALKO, INC. (#AB05-060): Phil Williams, Public Works & Utilities Director, explained that the City received an offer from BEALKO, INC. to purchase the Tracy ton watershed in late November 2004. Staff recommended at that time to declare the property surplus and authorize the Mayor to sign a purchase and sale agreement. The Council directed staff to work with the neighbors who had expressed concerns over the sale to conduct a public informational meeting near the site and then place the item back on the Council agenda for re-consideration. That meeting was held on January 27th and attended by approximately 40 people. The property is not currently used for public utility service nor will it be required for providing public utility service in the future. In the opinion of staff the offer to purchase the property is reflective of its fair market value. Staff recommends the purchase and sale agreement be signed and if the sale is closed that any remaining concerns be addressed during the required environmental reviews that will be conducted during the development process itself. Property surrounding the reservoir would be retained by the City which is approximately 1.2 acres. Mr. HUQO stated that plans adopted by the C()unty and City indicate that the property was designated for low density residential development. He added that governments must conduct action consistent with the Growth Management Act and that there is no budget provided for capital spending for open space. Mr. Short asked for clarification of the location of the proposed sale property relative to possibly annexation areas. Mr. Lubovich provided financial details of the proposed sale, and explained that due to specific requirements regarding the surplus and sale of public utility property, this action would require a "super majority" vote in favor of the Motion to pass. Paula Johnston, City Clerk, noted that phone calls and e-mails were received in the Council Office by Scot Groulik, Ann Lovell, Marla Brady, Eleanor BerQsma, and Roy Runyon expressing their opposition to the sale of this property. The following citizens provided their comments opposed to the sale of this property: Todd Anderson; Scot Groulik; Judith BerQsma; Sydney Cotton; Ann Lovell; Jan Williams; John Pierson; Emma Hill; William Radford; Glem Carden; Cris Gears; Stephen Kriefels; David Hall; Melva Hill; David Krouse; Kim Markman; and Jill Bates. Cris Gears, County Administrator spoke on behalf of the Kitsap County Commissioners and requested a 90-day delay in the sale of this property so that other options may be discussed. Mr. GehrinQ hoped that the City would find a solution that best served the interests of the City and the citizens; but concluded that because his constituents have clearly shown that they do not support the property sale, he would represent their interests. Mr. Short thanked the public for their comments and believed that the area could be developed responsibly with housing and green space. Mr. Maupin also thanked those who expressed their concerns, and emphasized that the City should decide where the money would be best invested to establish green space to benefit all of the citizens. City Council Reg. Mtg. Minutes Wednesday, March 2,,200S Page 3 of 5 Mr. McConnell clarified that the property belongs to the Water Utility not the Parks Department; stated that the City must follow guidelines as set by the Growth Management Act and do what is best for the City; and supported use of green space. Mrs. Arends expressed concern about the County's involvement in this matter; thought this may be an opportunity to reclaim funds by selling the property versus raising utility rates; and discussed City liability issues over the City owning this property. Ms. Priest supported the establishment of green space and development through good planning; but also has concerns about safety and liability issues, and the long-term cost of maintaining the property; and agreed that accessibility to green space should benefit the entire city. Mr. McConnell asked for the appraised value of the property. Mr. Williams answered the appraisal value would be provided at a later time. Mr. McConnell asked if the property was not sold, what would then happen to the property. Mr. Williams stated that the property was only recently acquired, so no long range plans had yet been determined for the property. However, short-term issues like access and liability need to be addressed. Mr. McConnell mentioned that a constituent had expressed concerns to him about people using the property to dump yard waste. Mr. Williams stated that access could have potential risks, but fencing the property would address that. Ms. Robinson hoped to consider what is best for the City and for the citizens, as well as consider the financial benefit to the utility. Mr. Maupin pointed out that the projected population growth for Kitsap County would require additional housing needs, and this particular area may be better used for developing housing within the City of Bremerton and still maintain open space in the County. Mr. Short emphasized that planning is necessary in the process to balance benefits and citizen concerns. Ms. Priest asked for clarification on critical areas. Mr. HUQO stated that allowing some green space or critical area environment near homes may actually increase real estate values; and open space often provides for wildlife habitat and slope stabilization. Mr. NVQren asked if the area has not been annexed into the City, would services be provided. Mr. HUQO expected that development could proceed, but utilities service would only be provided to City residents. Mr. Lubovich clarified that the development is not contingent upon annexation. Mr. NVQren commented that how the property would be developed required further study, and asked what percentage of the land could be developed. Mr. HUQO answered that about 2/3 of the property is developable. Mr. NVQren asked if the County currently has mitigation and impact fees. Mr. HUQO answered that the County could collect fees, and that the City would be able to collect fees through the SEPA process for roads, but not on schools, but that the City would not enter into a service agreement unless the property was annexed. Mr. Lubovich added that service agreements would require annexation, especially if the City utility services were extended beyond our urban growth area boundaries, but the sale is not contingent upon annexation. Mr. Williams added that the existing agreement expired on February 28 and was extended to tonight for Council action. Mr. NVQren suggested that a survey be done to determine if it is possible to deliver services to that area if developed; and asked if an appraisal of this property has been done. Mr. Williams indicated that the appraisal was done prior to acquisition. Mr. NVQren suggested a 30-day extension to allow time to review options. The Council recessed from 7:17 to 7:25 P.M. -- - City Council Reg. Mtg. Minutes Wednesday, March 2, 2005 Page 4 of 5 Mr. McConnell asked if the Commissioners had discussed other options. Mr. Gears answered that grant funding, a combination of community-fundraising and County-provided interim funding, and property swaps were all possible options. Mr. Nvaren encouraged citizens to contact the Council Office at (360) 473-5280 to receive notice of other public meetings regarding this issue. 7:29:35 M/S/C/U (Arends/Gehring) Move to continue Resolution No. 2956 to surplus Public Utility Property and purchase/sale agreement for the property known as the Tracy ton Watershed to April 6, 2005. 7 A - ORDINANCE NO. 4933 GRANTING CASCADE NATURAL GAS CORPORATION A FRANCHISE (#AB05-061): Michael Mecham, City Engineer, stated that the CASCADE NATURAL GAS franchise recently expired; and therefore City staff coordinated with CASCADE NATURAL GAS staff to draft a new franchise. The proposed Ordinance grants CASCADE NATURAL GAS a ten-year franchise. There were no comments from the public. Ms. Robinson asked when the agreement would expire. Mr. Mecham answered the franchise would expire in the year 2015. 7:35:12 M/S/C/U (Short/Robinson) Move to approve Ordinance No. 4933 granting CASCADE NATURAL GAS CORPORATION a franchise with the City of Bremerton. 7B - RESOLUTION NO. 2957 RATIFYING THE KITSAP COUNTYWIDE PLANNING POLICIES AS AMENDED BY THE KITSAP COUNTY BOARD OF COMMISSIONERS (#AB05-062): Chris Huao, Community Development Director, mentioned that the Kitsap Countywide Planning Policies (CPP's) are a regional framework prepared by local governments to coordinate jurisdictional growth planning as directed by the State Growth Management Act. The CPP's were originally adopted and ratified by all Kitsap County local governments in 1992. In 2000, a major update of the CPP's was commenced by the Kitsap Regional Coordinating Council. Amendments were adopted by the Board of Kitsap County Commissioners and ratified by the Council in 2001 and December 2003. The proposed 2004 amendments address some of the most important matters related to urban growth including policies on transfer of governance, association of urban growth areas with cities, and the balance between urban and rural growth. Council ratification of the amendments as adopted by the Kitsap Board of County Commissioners on November 22, 2004, is a procedural requirement. Mary McClure, Executive Director with the Kitsap Regional Coordinating Council (KRCC) was available to provide further clarification. There were no comments from the public. Mr. Maupin commented that the language in the policies would provide for 76% of growth to be focused into urban growth areas. Mr. Short added that he and Ms. Arends served on KRCC boards throughout this very thorough process. Mr. Gehrina acknowledged the efforts behind these documents, but still had concerns over language that may create unfunded mandates. 7:42:30 M/S/C (Arends/Short) Move to pass Resolution, No. 2957 ratifying the Kitsap Countywide Planning Policies with 2004 amendment$ as adopted by the Kitsap County Board of Commissioners on November 22, 2004. City Council Reg. Mtg. Minutes Wednesday, March 2, 2005 Page S of 5 Voted in favor of Motion: Robinson, Arends, Maupin, Short, McConnell, Priest, Nygren Voted opposed to Motion: Gehring Motion carried: 7-Yes; 1-No PUBLIC RECOGNITION Don Larson, Kitsap Trees, expressed concerns over stormwater run-off over pavement; and expressed concern about trees planted in recent projects have not survived. COUNCIL MEMBER REPORTS Mike Short invited citizens to attend the next District 6,7,8, & 9 Community Meeting on Monday, March 7, 200S at the Oyster Bay Public Works Facility from 7:00 to 8:30 P.M. to hear a presentation on the proposed "Law & Tax Levy" initiative. Dianne Robinson thanked Council Member Mike Shepherd for his assistance in obtaining information on the EPA assessment processes and how to move forward on Sesko and McConkey properties; met with the Parks Department regarding Batann Park, and indicated that she will be announcing the details of a public meeting soon. Lastly, she would like to address the need for street repairs and installation of sidewalks to improve safety for residents in District 6. Cecil McConnell invited citizens to attend the next District 1 & 2 Community Meeting on Tuesday, March 24, 2005 from 6:30 to 8:00 PM to hear a presentation on the "Law & Justice Levy" at the Sheridan Park Recreation Center located at the corner of Clare Avenue & Lebo Boulevard. Brad Gehrina also encouraged citizens to attend the next District 1 & 2 Community Meeting; and reported on his attendance at the AWC Conference with Dianne Robinson last week and a Policy Makers meeting he attended which are bringing together cities, tribes, and the community to come up with a long-term water use plan. Daren Nvaren recognized Dr. Cal Whorpman of the Lions Club for his long-time volunteer service to the community and his involvement with the Eye Bank which has assisted in corneal transplants. With no further business, the meeting of the City Council was adjourned at 7:S6 P.M. Prepared and Submitted by: CHRISTINE GRENIER Council Assistant Attest: PAULA JOHNSTON, City Clerk DAREN NYGREN, City Council President DN/PJ/ls/cge -- - DATE SUBMITTED: M !Jyc-I, I () :;'D()~ BILL # 05"- 0"" I AGENDA BILL CITYOF BREMERTON 5C CITY COUNCIL ........................................................................................ SUBJECT: Minutes of Meeting - Committee Meeting Date: N/A M 4t'(,'" COUNCIL MEETING Date: MAYt;/s - lb. d...OD~ 9, ~ ODS Department: City Councii Presenter: Daren Nygren, Council President Phone: (360) 473-5280 SUMMARY: Attached are the minutes for the Council Meeting held - M a y?A q, ;)..OD~. ATTACHMENTS: Minutes for /11 ar?h 9, ;J. ()O~ FISCAL IMPACTS (Include Budgeted Amount): 0 APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: FISCAL/BUDGET: CONSENT AGENDA IZI OPERATIONS: COUNCIL PRESIDENT: ~~ RECOMMENDED MOTION: Move to pass the Consent Agenda as presented. COUNCIL ACTION: 0 Approve o Deny D Table D Continue o No Action DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wednesday, March 9, 2005 The weekly meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, of the NORM DICKS GOVERNMENT CENTER 345 6th Street, Bremerton, Washington, Wednesday, March 9, 2005, at 5:32 PM, with Council President Daren Nygren presiding. Council members present were Mike Short, Will Maupin, Carol Arends, Dianne Robinson, Mike Shepherd, Wendy Priest, Cecil McConnell, and Brad Gehring. Also present were City Attorney Roger Lubovich; City Clerk Paula Johnston; and Council Assistant Christine Grenier. The Pledge of Allegiance was led by Council Member Cecil McConnell; followed by the invocation provided by Council Member Dianne Robinson. President Nvaren made the following announcements: 1. A Pre-Council session was held in Council Conference Room 603 from 5:00 to 5:30 PM; which included a 10-Minute Executive Session to discuss "POTENTIAL LITIGATION" per R.C.W. 42.30.110(1) (i); and a 15-Minute Executive Session to "REVIEW LABOR NEGOTIATIONS" per R.C.W. 42.30.140(4)(b); 2. A Study Session would be held on Thursday, March 10th from 5:30 to 7:00 PM in the Mayor's Conference Room for a "JOINT SESSION WITH THE BREMERTON SCHOOL BOARD"; and 3. Citizens may call the Council Office at 473-5280 to receive information on upcoming meetings. PUBLIC SERVICE ANNOUNCEMENTS President Nvaren announced that there would be a Dog Park Meeting on Thursday, March 1ih beginning at 7:00 P.M. at the Sheridan Park Recreation Center located at 680 Lebo Boulevard, and that citizens may call (360) 473-5305 for additional information; mentioned that a Tree Planting Project would be held on Saturday, March 19th, and that volunteers will be meeting at the Target parking lot in Silverdale at 10:00 AM; congratulated Deputy Jim Rye of the Kitsap County Sheriff's Office who was nominated for Officer of the Year at the national level; and lastly, announced that the Kitsap County Youth Forum will be held on Saturday, March 1 ih from 2:30 to 8:30 PM at the Kitsap County Fairgrounds, and encouraged youth to sign up, and to please call Gabe Neil at (360) 337-4879 if additional information is needed. Mike Shepherd announced that the next District 4 & 5 Community Meeting would be held on Thursday, March 24th from 6:00 to 7:30 PM in Council Conference Room 603, and the topics to be covered include "Bremerton School District Bond Levy" and "Neighborhood Parking Concerns" . CONSENT AGENDA A. Check Numbers 298127 - 298187; and EFT- 6728 - EFT-6735 in the amount of $384,655.92 (#AB05-063) 5:36:45 M/S/C/U (McConnell/Short) Move to approve the Consent Agenda as presented. -----~~ City Council Reg. Mtg. Minutes Wednesday, March 9, 2005 Page 2 of 2 With no further business, the meeting of the City Council was adjourned at 5:37 PM. The Council reconvened in Council Conference Room 603 for a Study Session to hear presentations on upcoming agenda items. Prepared and Submitted by: CHRISTINE GRENIER Council Assistant Attest: PAULA JOHNSTON, City Clerk DAREN NYGREN, City Council President DN/PJ/ls/cge DATE SUBMITTED: March 1,2005 BILL # OS"'Ofo 7 AGENDA BILL CITY OF BREMERTON 5) CITY COUNCIL ........................................................................................ SUBJECT: Appointments to the Committee Meeting Date: March 9,2005 Citizen's Commission on Council Salaries COUNCIL MEETING Date: March 16, 2005 Department: Executive Presenter: Mayor Bozeman Phone: 473-5266 SUMMARY: There are three vacancies on the Citizen's Commission on Council Salaries. It is recommended the following be appointed to the vacancies: Jim Reed, Dena Swisher, Douglas Wakefield. ATTACHMENTS: Applications for appointment. FISCAL IMPACTS (Include Budgeted Amount): N/A APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: '~~ FISCAL/BUDGET: CONSENT AGENDA lsO. OPERATIONS: ~"~~ COUNCIL PRESIDENT:{~ ~ ~'l~ f RECOMMENDED MOTION: \-'f't.t; ~'f 0.- ,.,,~i ~(~~ ~{ Motion to confirm the appointments of Jim Reec6 Dena Swisherknd Douglas WakefielcYto the Citizen's Commission on Council Salaries. COUNCIL ACTION: 0 Approve o Deny o Table o Continue o No Action '0)>'>''''->>''''''''>>'''' . I : Application For City Boards! Commissions! Committee > >>.>,><>.,.,' Note: As an applicant for a City Board, Commission or Committee, your name, address, and >'P',~.;; telephone number will be available to the press and public. You will be contacted before any action is taken on your appointment. (Please type or print clearly) -" Date: 2- 2. os Name: ~ L-. --/25(;(// Home Phone: (3~D) _ ~ ~ST MIDDLE LAST Home Address: . ... _, , , _ lJ(?-(r"''t1 LA.) ,1..- 7 j{7/'C NuMBER STREET STATE CITY ZIP At/TD atSS Occupation: -~-::--/Tr'"( (- Employer: ~ ~,/tfrL":"/:' Self:',. em,pJb:jt!'.r::l' Work Address: L/ / Z G/. 14/ /--. o>c //r Ii: /J...{; I'l,A/ ~ l?c-",.Jj::J /l{'L{>l.4<"1 t,tj/.L C:;Y s/( NUMBER STREET \ STATE CITY ZIP Work Phone: (:>'-0) 4"?7C(oO~ax: ( ) 5I'jt.~~i,l-;;" E-Mail: Education: ~f ,xh:J'1 - 't2[ti::> :'ti!;~lo~ me~ - . Cbtn mJ~ './ (Li TV: rE~ J> Je'fl. . L( (> J ' fl ~ 4-" ' CLts C ..hU tY.A. I Local References (names and phone numbers): -- I am interested in serving (please check one or more): D Disability Action Committee 0 Planning Commission (18 yrs. and older) D Civil Service Commission (18 yrs. and older) 0 Parks & Recreation Commission D Urban Forest Committee 0 Ethics Commission D Public Access Citizens Advisory Committee 0 Parking Advisory Board D Community Development Block Grant Advisory Board 0 Mayor's Select Committee on Law Enforcement D Youth Council 0 Bremerton Housing Authority D Safe Streets Steering Committee 0 Solid Waste Management D Board of Appeals, Housing/Building Codes '[81 Citizen's Commission on Council Salaries D Other Is this an application for reappointment? N D If yes, how many years have you served on this commission/committee? - City Appointment Application Page 1 of2 Why are you applying for this appointment? ?e:-r-56i7?L I ciL:D/ ~6 ~ W~iCh ofrour personal ~ndlor profess~onal interests prompted you to apply for this appointment? r-i, V LbU-,:j Cb~{ I t!Y~fl~n~., Have you ever served on any other Bremerton Board, Commission, Committee or Task Force? If yes, please list: NO Please list your qualifications for this appointment (include skills, activities, training, education): -.$ t-R._ ~t1LI.A_L-{00&-\ What are your community interests (committees, organizations, special activities)? L-o c~ I I ~rU{ U~ I~'^<)C- +'eL-6}1-DlY1/~ c.d.-eVZ:::k.pi11C"'l1f Dppf>r~uh~. We welcome your willingness to serve Bremerton. For more information please contact the Mayor's Office at (360) 473-5266, FAX (360) 473-5883 or via email at mayor@cLbremerton.wa.us. Please return the completed form to: Mayor's Office, 239 4th Street, Bremerton W A 98337. City Appointment Application Page 2 of2 FEB 15 2001 9:17AM HP L~SERJET 3200 - - .7. p. 1 .- n >'. APPLICATION FOR CITY BOARDS/COMMISSIONS/COMMITTEE NOTE: As an applicant for a City Board. Commission or Committee, your name. address, and telephone number will be available to the press and public. You will be contacted before any action is taken on your appointment. (PI.... is or print e1" DATE: if J :;-/0;:)' NAME: t?lfl, C W/~"7 HOME PHONE: 8~O -.-' r HOME ADDRESS: , _ STATE~ ZIP CODe q 8'atO. , OCCUPATION:l:ht_; (~.iil~~OYER: !Jdrlll7tft1) /JJF1J 1&// - //IIIf6'/P; WORK PHON~'U'U';"'...~ E-M IL: Si()/~htrcJ@ANlrAcluiaFAX: 3~~ \.331-~~ BUSINESS ADDR'7;S: : ~ EDUCATION:_.Oco:.:!wnd &hCOL f)v~ f1tc:41~kY-, ~.. Wi I . ( \J (name & phone number): ~- ~ ~~-flw, -".. . ..... - """""- .-.- -~ -~q JI wK- I AM INTERESTED IN SERVING ON (please check one or more): ( J Disability Action Committee ( ) Planning Commission ( ) Civil Service Commission ( ) Parks & Recreation Commission ( ) Ethics Commission pQ Citizen's Commission on Council Salaries ( ) Public Access Citizens Advisory Committee () Parking Advisory Board ( ) Community Development Block Grant ( ) Solid Waste Management Advisory Committee ( ) Bremerton Housing Authority I I tJ / ItI ( ) Other i Is this an appl~cation for reappointment? /'1 : If yes; how many years have you served on this commission/committee? I·I I I I Please turn page --+ I I I - - I FEB 15 2001 9:17AM HPLASERJET 3200 p.2 "/ -WHY ARJl YOU APPLYING FOR THIS APOINTMENT? - ,'~' - WHICH OF YOUR PERSONAL AND/OR PROFESSIONAL INTERESTS PROMPTED YOU TO APPLY FOR THIS APPOINTMENT: :r HAVE YOU SERVED ON ANY OTHER BREMERTON BOARD, COMMISSION, COMMITTEE OR TASK FORCE? IF YES. PlEASE UST: Ail If PLEASE LIST YOUR QUALlFICA nONS FOR THIS APPOINT TRAINING.. EDUCATI N}: Mayor's Office (360) 473-5266 345 6th Street, Suite 600 ' (360) 473-5883 FAX Bremerton, WA 98337 E-mail: mayor@ci.bremerton.wa.us I APPLlCA TION FOR CITY BOARDS/COMMISSIONS/COMMITTEE I NOTE: As an applicant for a City Board, Commission or Committee, your name, address, and I telephone number will be available to the press and public. You will be contacted before any action is taken on your appointment. I HI "3 Z- (f(j 5" (Please type or print clearly) DATE: 1)6~ {IJ.J Wak~f;t(t I NAME: HOME PHONE: (3GO) ., , HOME ADDRESS: STATE ZIP CODE OCCUPATION: 1(e +i \rut r l~bv~ (' EMPLOYER: WORK PHONE: E-MAIL: d),fA/",ke.{re{rJ!), (J)''YYIl'Ils!- FAX: BUSINESS ADDRESS: ' fli I- EDUCATION: M.A. Eti~\.~ LOCAL REFERENCES (name & phone number): M~kf ~hbrt ("3'~ ) I AM INTERESTED IN SERVING ON (please check one or more): ( ) Disability Action Committee ( ) Planning Commission ( ) Civil Service Commission ( ) Parks & Recreation Commission ( ) Ethics Commission ~ Citizen's Commission on Council Salaries ( ) Public Access Citizens Advisory Committee ( ) Parking Advisory Board ( ) Community Development Block Grant ( ) Solid Waste Management Advisory Committee ( ) Bremerton Housing Authority ~ Other ~rnl~ Jo ~<~~ C\M"1e;t S'I"Z Is this an application for reappointment? Ne) If yes, how many years have you served on this commission/committee? Please turn page -) WHY ARE YOU APPLYING FOR THIS APOINTMENT? ;r.Ml1 If j rM.LrvtJ. w h h ,I ~ '-fe S'-e.lt.. ,~~~ y qa v.un rN-?1'f n~u 'f-.o 1~+ 'illvplv.J. ~i.dve.p, WHICH OF YOUR PERSONAL AND/OR PROFESSIONAL INTERESTS PROMPTED YOU TO APPLY FOR THIS APPOINTMENT: ;v'h' k of S ho v+ ~,(vV. '" #-414f" tltJ ~ a. Pi> I~.. I HAVE YOU SERVED ON ANY OTHER BREMERTON BOARD, COMMISSION, COMMITTEE OR TASK FORCE? IF YES, PLEASE LIST: ~ht Af1I'11't41 ~{.vll ~m"lkL w J, ; vh Y-e; -- (A..1I\.ev( fIJ 1.:(~{ ~ jIY\-t /r- '1 h' ot -tL..L 13~1r~ An{~) ~+~l w~h ~ I-4lAmdM 5t1C.I"ot- ~'1 > PLEASE LIST YOUR QUALIFICATIONS FOR THIS APPOINTMENT (INCLUDE SKILLS, ACTIVITIES, TRAINING, EDUCATION): ::r Hv~ "$((, VJ ~ id , ..J.h-t. fl'r.../ Jot cJi,"-'VJ; rn (J" Wn / , jI ~J.. jl'\ Si..,..,; 0 y g) , h ~!.,~ i) (j. S' IN-LH 0... s: ) ~ 1 ~ y J (j, t (J.. --+ VlI\j .k.e 1Jf- 0-. ~)'nIU\\t~\ ~ (~~ (13~~v~ S~Of.--i1 ~ Cludv) WHAT ARE YOUR COMMUNITY INTERESTS (COMMITTEES, ORGANIZATIONS, SPECIAL ACTIVITIES)? i YnJ'dV~{ ~ wh H... ~ IN!;h ,^~f:c C:~~vvIh 'it fA!' wif4, rJvf4 ~ ~~ !~e ~ v S{,/11 )' d v G rCI.M.. p (1+ L5:~SS, 1 I We welcome your willingness to serve Bremerton. Please return this completed form to: Mayor's Office (360) 473-5266 345 6th Street, Suite 600 (360) 473-5883 FAX Bremerton, WA 98337 E-mail: mayor@ci.bremerton.wa.us DATE SUBMITTED: February 16,2005 BILL # 05- DI"B AGENDA BILL CITY OF BREMERTON SE CITY COUNCIL .......................................................................................1 SUBJECT: Law Enforcement Services Committee Meeting Date: March 9, 2005 Agreement Addendum #3 with Kitsap COUNCIL MEETING Date: March 16, 2005 Transit Department: Police Presenter: Lt. Luis Olan Phone: 360-473-5237 SUMMARY: The Law Enforcement Services Agreement Addendum with Kitsap Transit outlines the hourly rate for services, program cost ceiling of $ lOOK, and extending the original contract signed in March, 2000 to December 31, 2006. The proposed addendum extends the duration of the contract that expired December 31, 2004 for two years. The original contract agreement indicates that services may be performed at various locations with in the City limits including but not limited to the Bremerton Transportation Center Terminal. A TT ACHMENTS: The Law Enforcement Agreement and Addendum #3 with Kitsap Transit FISCAL IMPACTS (Include Budgeted Amount): For 2005 the City has forecasted $94,640.00 of revenue in the Police Department budget for these services. APPROV ALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MA YOR: FISCAUBUDGET: ~~ ~,' CONSENT AGENDA D? OPERATIONS: {:;d-<.~ 1~L,......J COUNCIL PRESIDENT: ~)pVl.- ~M /},_ --- RECOMMENDED MOTION: Move to approve Llw Enforcement Services Agreement Addendum #3 to the Law Enforcement Services Agreement that provides law enforcement services for Kitsap Transit and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as contained in the proposed addendum. COUNCIL ACTION: D Approve D Deny D Table D Continue D No Action ADDENDUM 3 LAW ENFORCEMENT SERVICES AGREEMENT WHEREAS, the City of Bremerton, a municipal corporation (hereinafter referred to as "City"), and Kitsap Transit, (hereinafter referred to as "Kitsap Transit"), a Public Transportation Benefit Authority of the State of Washington, hereto entered into a Law Enforcement Services Agreement (hereinafter referred to as "Agreement"), on March 10, 2000, and subsequently extended in addendums 1 and 2 on March 20,2001 and January 1,2003, respectively, WHEREAS, the parties desire to extend the Agreement for an additional two (2) years, NOW, THEREFORE, in consideration for the mutual covenants set forth below, the parties agree as follows: 1. Kitsap Transit will pay to the City $35.00 (thirty-five dollars) per hour for such services rendered by an officer. 2. Annual costs incurred by and services provided to Kitsap Transit under this Agreement shall not exceed $100,000 (one hundred thousand dollars) without the prior approval by both parties. Kitsap Transit shall monitor its costs. 3. This Agreement is amended to become effective January 1,2005 and shall remain in full force and effect through December 31, 2006. 4. The remaining terms of this Agreement shall remain in full force and effect. IN WITNESS WHEREOF the parties hereto have executed the Addendum on the -Ldayof January, 2005. CITY OF BREMERTON: KITSAP TRANSIT: ~k~ ~~--- CARY BOZEMAN, Mayor PAUL SHINNERS, Finance Director A TTEST/ AUTHENTIC A TED: #4; APPROVED AS TO FORM: A TTEST/ AUTHENTICATED: omey -- - ADDENDUM 2 LAW ENFORCEMENT SERVICES AGREEMENT WHEREAS, the City ofBremerton, a municipal corporation (hereinafter referred to as "City"), and Kitsap Transit, (hereinafter referred to as "Kit sap Transit), a Public Transportation Benefit Authority of the State of Washington, hereto entered into an Agreement, on March 20, 2001. WHEREAS, the parties desire to extend the Agreement for an additional two (2) years, NOW, THEREFORE, in consideration for the mutual covenants set forth below, the parties agree as follows: -/Jyc. 1. - Kitsap Transit will pay to the City $35.00 {thirty-MtH- dollars hour for such services rendered by an officer. 2. - This Agreement is amended to become effective January 1,2003 and shall remain in full force and effect through December 31,2004. 3. - The remaining terms of the Law Enforcement Services Agreement shall remain in full force and effect. IN WITNESS WHEROF the parties hereto have executed the Addendum on the _1_ day of_January ,2003 2:;F~ KITSAP TRANSIT: ~IT ';;"'fIS (. ~mc O;f CARY BOZEMAN, Mayor C,i/INt"'C4 Vltf<<croIL ~ALAPPROVAL: ATTEST/AUTHENTlCA1;'ED: ~~R, &~ - ROBERT D. FORBES, Police Chief APPRO~ ~~ ~. . ROGER LUBOVICH, City Attorney - . -: - -- LAW ENFORCEMENT SERVICES AGREEMENT This Agreement is entered into by the City of Bremerton (hereinafter "City"), a chartered municipality of the State of Washington and Kitsap Transit (hereinafter <<Kit sap Transit"), a Public Transportation Benefit Authority of the State of Washington in order to contract for the services of regular commissioned police officers. 1.0 Location and Description of Work to be Performed 1.1 This Agreement provides police services to Kitsap Transit at premises designated by Kitsap Transit. Services may be performed at various locations within the City limits of Bremerton, including but not limited to the Bremerton Transportation Center Tenninal, construction and paving locations, on-board Kitsap Transit buses and at locations where crowd control, traffic and pedestrian service safety requires police services. The City agrees to provide through its police officers routine law enforcement services, exercise law enforcement powers, provide for security. protection of life and property and the enforcement of relevant laws. 1.2 Kitsap Transit has contracted for these services in the exercise of its independent business judgment and nothing herein shall be interpreted to imply that the level of law enforcement services within the City is inadequate or inappropriate, such level of service to be detennined at the sole legislative discretion of the City ofBremerton City Council and the day to day administrative discretion of the Chief of Police. 2.0 Dates and Times of Work Days and hours of work may be requested at the discretion of Kitsap Transit. Whenever possible, at least one week advance notice will be given in order to ensure that officers have adequate notice to sign up for such arrangements. Nothing in this Agreement shall be interpreted as an obligation of the City to guarantee coverage of such service requests. 3.0 Number of Officers The number of officers required to perform each separate duty assignment shall be designated by Kitsap Transit and reviewed by the City. The decision to schedule officer(s) shall be made by the City, in its sole discretion, based on available officers who have indicated their interest in serving in such assignments, the type of event and relevant officer safety issues. Nothing herein shan be interpreted to require the provision of officers at any given time or location and the City reserves the right to call away officers assigned to this special duty in the event of an emergency or other public safety situation which requires the utilization of the full resources of tbe City's law enforcement personnel. I I I I I {WSS42487S.DOC;2/00078.900000/} I . - - 4.0 Uniforms Officers serving on assignment shall wear departmental uniforms except in situations where undercover work is requested by Kitsap Transit and pre-approved by the City. 5.0 Reimbursement Amounts 5.1 Kitsap Transit shall pay to the City $31.00 per hour for each service hour rendered by an officer. 5.2 In the event that a City patrol vehicle is required to perform the requested services, Kitsap Transit shall pay $2.85 per hour for such vehicle. This charge shall be all inclusive and shall compensate the City for any and all damage to the vehicle including but not limited to normal wear and tear, the cost of gasoline and insurance, and any other cost or charge associated with the vehicle and the maintenance thereof 6.0 Duration and Termination This Agreement shall become effective upon the date of signing and shall remain in full force and effect through December 31,2000. It may thereafter be extended by the mutual agreement of the parties, provided, however, that the parties shall review any future increases in the reimbursement amounts specified in paragraphs 5.1 and 5.2 prior to such renewal. The Agreement may be terminated by either party upon the giving of 3 0 days written notice delivered to the other party at its regular business office. Termination of the Agreement shall not relieve either party of any obligation incurred prior to the termination date and the provisions of the indemnity agreement of paragraphs 10 and 11 shall survive the termination of this Agreement to the extent necessary to fully enforce such paragraph. 7.0 Designation of Officer The City shall finally approve the identity of the individual officers, the number of officers, and other issues related to provision of services under this Agreement in its discretion. The City reserves the right to suspend services under this Agreement or to unilaterally terminate the Agreement on any given date when necessary in its sole discretion to preserve the peace arid safety of the officers and the citizens of the City. Nothing herein shall be interpreted to limit or delegate the City's authority to exercise law enforcement powers. Services provided hereunder shall be in accordance with standards established for Washington State police officers and standard operating procedures of the City's Police Department, and the City warrants that all officers who provide services under this Agreement shall be officers in good standing of the City, who are adequately trained to serve as a regular commissioned police officer. 8.0 Enforcement In the event that any judicial action is necessary to enforce this Agreement, the prevailing party shall be entitled to recover his costs, including reasonable attorney's fees. The parties agree {WSS42487S,DOC;2100078.900000/} 2 ~ . - - however that prior to the initiation of any lawsuit, they shall attempt to reasonably resolve their differences through alternative dispute resolution procedures such as mediation or arbitration as the parties may, by their mutual agreement, provide. 9.0 Licenses and Certifications Kitsap Transit shall be responsible for any and all licenses, fees or insurance required and necessary to perform its normal business in the City ofBremerton. The City shall be responsible for the selection and training of its officers, and any required licenses or ~fications necessary for such officers to perform their duties and shall be fully responsible for the cost of adequately arming and supplies its officers during the provisions of their services. 10,0 Independent Contractors The police officers assigned pursuant to this Agreement are neither agents nor employees of Kitsap Transit. The Bremerton Police Department shall have full control and supervision of its officers at all times under the activities of the officers assigned. The City and its officers are independent contractors and Kitsap Transit shall not be liable for any employee related cost or charge of any kind relating to a police officer in the performance of his or her duty under the terms and conditions of this Agreement. The City promises to hold harmless and indemnify Kitsap Transit of any such employee related cost, fee, charge or liability arising from the performance of this Agreement. This Agreement and its terms shall be interpreted to fully effectuate these premises, to the end that the relationship and respective liabilities of the parties shall be the same as if the City's officers were on Kitsap Transit's premises in response to a call for assistance. 11.0 Indemnity Agreement The City promises to hold harmless and indemnify Kitsap Transit, its officers, agents and employees from any claim, exposure or liability which may occur as a result of the City's performance under this Agreement and the performance of its employees, including but not limited to claims, loss or liability based on allegations such as negligence, wrongful act or failure to act, 42 USC 9 1983 violation, negligent hiring, training or supervision. PROVIDED, HOWEVER, the City, shall not be required to indemnify for_any risk, exposure or loss suffered as a result of the negligent or concurrently negligent act or omissions or other tortious or wrongful act of Kit sap Transit, its officers, agents and employees. I 12.0 Calculation of Service Houn I Enforcement action taken during contracted duty assignments could result in an incident and the preparation of incident or arrest reports and prisoner processing. Hours worked in order to I complete contracted work shall be billed to Kitsap Transit and may be in excess of the normal hours expressly requested pursuant to this Agreement. Kitsap Transit agrees to pay such unrequested costs to the limited extent necessary to prepare adequate incident or arrest reports and process prisoners, and other necessary services due to incidents arising during the performance of this Agreement, regardless of whether hours are beyond requested, contracted {WSS42487S.DOC;2/00078.900l100/} 3 '- - - ADDENDUM 1 LAW ENFORCEMENT SERVICES AGREEMENT 4069 WHEREAS, the City ofBremerton. a municipal corporation (hereinafter referred to as "City"), and KITSAP TRANSIT, (hereinafter referred to as "Kitsap Transit", a Public Transportation Benefit Authority ofthe State of Washington, hereto entered into an Agreement on March 10, 2000, WHEREAS, the parties desire to extend the Agreement for an additional two (2) years, NOW, THEREFORE, in consideration for the mutual covenants set forth below. the parties agree as follows: 1. Section 6.0 The term of the Agreement executed by the parties on March 10, 2000, shall be modified to read: This Agreement shall become effective upon the dat~ of signing and shall remain in full force and effect through December 31, 2002. ... 2. The remaining terms of the Law Enforcement Services Agreement shall remain in full force and effect. IN wr~OF the parties hereto have executed this Addendum on the ~;; day of , 200l. CITY OF BREMERTON ~ 4. ~L L S. HORTON, Mayor DEPARTMENTAL APPROVAL: ~~ ~&# - ROBERT D. FORBES, Police Chief Li~a.. Co UlflswbV"1h ATTEST/AUTHENTICATED: ~~~ Kathleen McCluskey . ~, -, unrequested costs to the limited extent necessary to prepare adequate incident or arrest reports and process prisoners, and other necessary services due to incidents arising during the perfonnance of this Agreement, regardless of whether hours are beyond requested, contracted service hours. In the event that an officer is required to testifY in any judicial proceeding, criminal or civil, connected with any incident, arrest or incarceration, such costs shall be bome by the City. 13.0 Contrad Maximum Costs incurred by and services provided to Kitsap Transit under this Agreement shall not exceed $60,000 without the prior approval of both parties. Kitsap Transit shall monitor its costs. This cap amount may be adjusted in any renewal term by mutual agreement of the parties. 14.0 Costs to be BiRed Costs incurred under this Agreement shall be billed monthly to Kitsap Transit at 234 South Wycoff, Bremerton, WA 98312, Attn: Accounts Payable. Kitsap Transit shall pay all costs reasonably incurred under this Agreement in its normal payment cycle. 15.0 No third-party right created. Nothing herein shall be interpreted to imply nor create any third-party right, liability or obligation. 16.0 Entire Agreement - Amendment This Agreement constitutes the entire agreement between the parties and any prior agreement, written or oral, shall deemed to be merged with its provisions. The parties further agree that this amendment shall not be modified without the express written consent of each party. KITSAP~SIT~ CITY OF BREMERTON By: ~ {J. <41 By: ~ Richard Hay Executive Director ATTEST/AUTHENTICATED: By: BY:--\~~----- ~( 0, ~ Approved as to form: I BREM~aNA~~ . B~ ,~ ,Q-<~ I {WSS42487S.DOC;2/00078.900000/} 4 DATE SUBMITTED: 2/16/05 1J8iF OS,.. Df.' AGENDA BILL CITY OF BREMER TON SF CITY COUNCIL ..........................................................................................., SUBJECT: Purchase of a new conveyor for Committee Meeting Date: 3-9-05 the existing centrifuge at the Waste Water COUNCIL MEETING Date: 3-16-05 Treatment Plant Department: Public Works & Utilities Presenter: Pat Coxon, WW Mgr. Phone: 473-5448 SUMMARY: This equipment purchase is for the replacement of the existing biosolids centrifuge conveyor. The existing conveyor is extremely worn and is in need of extensive repairs. The purchase of the new conveyor will afford us the time needed to make these repairs, and will also provide us a spare conveyor, which will eliminate extended downtimes for repairs in the future. This is a sole source purchase due to the age and manufacturer of the centrifuge. The cost of the new conveyor from Andritz Bird Inc. is in the amount of $49,178.00, which includes tax and freight. ATTACHMENTS: Aftermarket Proposal from Andritz Bird Inc. FISCAL IMP ACTS (Include Budgeted Amount): This is budgeted through the WWTPlPump Stations-Capital Improvements Budget of$165,000.00. Bars # 594.3535.56430. The estimated labor cost to install the new conveyor is $1,344.00 (32 man-hours). APPROVALS: . LA DEPARTMENT DIRECTOR: .- . CITY ATTORNEY: - FINANCE DIRECTOR: MAYOR: FISCAUBUDGET: ~~ If!) . - CONSENT AGENDA r;Q OPERATIONS: J?U-tt~t.. a '" 4~ COUNCIL PRESIDENT: 'j)~~ ____ ~ RECOMMENDED MOTION: Move to appro e the sole source purchase of a new conveyor for the existing centrifuge at the Waste Water Treatment Plant,-9'-'01i\A. A dV'i+z. ~'1d rV\.t'. ~\.L ~ ~oV\,t- ~ 7lf~ l7'r. 00 '1lA-d.vdi1 +CA...)<.. COUNCIL ACTION: 0 Approve D Deny o Table D Continue o No Action 02114/05 MON 16:14 FAX 508 660 3074 ANDRITZ PARTS ~001 A~TL PAGE: 1 PROPOSAL NO.: WVA- 3829' Andritz Bird Inc. PREPARED BY: CMG 1600 Providence Hwy PROPOSAL TYPE: o RECOMMENDED SPARE 0 QUOTE Walpole, MA 02081 phone: 508-404-1400 fax: 508-660-3074 AFTERMARKET PROPOSAL B006333 PAT COXON ~ IE lC IE ~ ~flE -:v CITY OF BREMERTON WASTE WATER TREATMENT PLANT 1600 OYSTER BAY AVENUE _~_ FE8 1 4 2005 L;. BREMERTON WA 98312 USA CITY OF BREMERTON WASTEWATER TREATMENT PL~r--l"" At tn: PAT COXON Phone: 360-473-5455 1 1063628-01 LOO EA 44,200.00 44,200.00 CONVEYOR S3-01 DELIVERY: 16 TO 18 WEEKS CONTACT: MR. PAT COXON PHONE#: 360-473-5400 FAX#: 360-473-5455 REFERENCE: YOUR PHONE RFQ 10 FEB. 05. PAYMENT TERMS: NET 30 DAYS FROM DATE OF INVOICE. SHIP VIA: MOTOR TRUCK OR AIRFREIGHT FREIGHT TERMS: F.O.B. FACTORY FREIGHT PREPAID AND INVOICED PLEASE REFERENCE OUR QUOTATION NO. WVA-3829 WHEN PLACING YOUR ORDER. BEST REGARDS, CRAIG GARDINER AFTERMARKET SALES CORRESPONDENT ANDRITZ BIRD INC. - WALPOLE MA Sale Amount: 44,200.00 Thank you for doing business with Andritz Bird Inc. serving you in the Minerals, Oil & Gas, Industrial, & Chemical markets. DATE SUBMITTED: February 16,2005 1J81F OS" - C7CJ AGENDA BILL CITY OF BREMERTON 5 C CITY COUNCIL ~ ........................................................................................ SUBJECT: Professional Services Committee Meeting Date: March 9, 2005 Agreement for Engineering Design Services COUNCIL MEETING Date: March 16,2005 for Sewage Pump Station CW-1 2005 Department: PW&U, Engineering Modifications. Presenter: Michael Mecham Phone: 473-5288 SUMMARY: The City will be upgrading Sewage Pump Station CW-1 to reduce combined sewer overflow (CSO) events in Anderson Cove Basin in order to comply with WAC 173-245. The City has negotiated a Professional Services Agreement with HDR Engineering to provide engineering design services for the upgrade project. The not-to-exceed amount ofthe agreement is $112,000. ATTACHMENTS: 1. Council Summary; 2. Professional Services Agreement FISCAL IMPACTS (Include Budgeted Amount): The project construction is funded by a Public Works Trust Fund (PWTF) Loan (# 03-691-004) for $475,000. Design is funded by a State Revolving Fund (SRF) loan (#L0300005) for $300,000. The 2005 project budget for both design and construction is $675,000. This project and its funding plan are included in the CIP, the most recent rate study by EES, and are in th~d 20~5 budget. APPROVALS: (~ DEPARTMENT DIRECTOR:\~... ,;" _.~_ .. ~~::~;~=~OR:~ MA YOR: FISCAUBUDGET: -1f ~:f:?Z~ CONSENT AGENDA Af. OPERATIONS: I/tt'i_.tf~ t.t"le,.-J .-t!t<...J ~,/\._ COUNCIL PRESIDENT: p ~ llo#l~ RECOMMENDED MOTION: Move to approve the Professional Services Agreement with HDR Engineering to provide engineering design services for Sewage Pump Station CW -1 2005 Modifications and authorize the Mayor to finalize and execute the necessary contract documents for the agreement. COUNCIL ACTION: 0 Approve 0 Deny 0 Table 0 Continue 0 No Action ab/Agenda Bills 2005/PSA with HDR CW-I COUNCIL SUMMARY SEWAGE PUMP STATION CW-12005 MODIFICATIONS Contract Summary City of Bremerton Sewage Pump Station CW-1 will be upgraded to reduce combined sewer overflow (CSQ) events in Anderson Cove Basin. Reducing CSO events in Anderson Cove Basin to comply with WAC 173-245 must be completed by the end of 2005 in accordance with a consent decree court order. The pump station capacity will be increased from 1900 gpm to 3500 gpm in order to meet CSO reduction requirements. The construction will include three (3) new 150 Hp pumps, associated piping, electrical equipment, standby engine generator, surge tank, and valve vaults. The existing pump station will be extensively modified to accommodate the larger equipment. The City has negotiated a Professional Services Agreement with HDR Engineering to provide engineering services in the electrical, mechanical, instrumentation, structural, and hydraulic disciplines. HDR will also provide construction management assistance during the construction phase of the project. The negotiated consulting fee is $112,000, as indicated in the agreement. Fiscal Summary Design and construction are funded by a $300,000 SRF loan (design, Loan #L0300005) and a $475,000 PWTF loan (construction, Loan # 03-691-004). Staff anticipates expending approximately half of the design loan, since design (including project management) costs are expected to not exceed $150,000. The total 2005 project budget, which includes both design and construction, is $675,000. Loans have been executed and the loan terms are as follows: Item Design Construction Loan Type SRF PWTF Loan Amount $300,000 $475,000 Loan Fee (included in Loan $0 $0 Amount) Match Required $0 $125,000 (match is done via design work) Term 20 years 20 years Interest Rate 1.5% 0.5% Annual Debt Service @$300,000 => $17,200 $25,000 ( approx.) @$150,000 =>$$8,600 This project and its funding plan are included in the CIP, the most recent rate study by EES, and are in the approved 2005 budget. City of Bremerton Sewage Pump Station CW-l 2005 Modifications March 2005 ab/Agenda Bills 2005/PSA with HDR-CW-l PROFESSIONAL SERVICES AGREEMENT SEWAGE PUMP STATION CW-12005 MODIFICATIONS DESIGN SERVICES This Agreement is between the City of Bremerton, a municipal corporation (hereinafter referred to as "City") and HDR Engineering, Inc. ("Consultant"), referred to collectively as the "Parties," enter into the following Agreement for professional services: I. Scope: The Consultant agrees to provide the services set out in the Scope of Work attached hereto and incorporated herein by this reference as Exhibit A. The Scope of Work may be modified only pursuant to Section VII D. of this Agreement. If the Scope of Work provides for unspecified additional services the City may request, such services shall only be performed upon the express, written request ofthe City. II. Term: This Agreement commences upon issuance of a written Notice to Proceed by the City and terminates on March 1, 2006, unless another date is substituted pursuant to Sections IX. The Parties agree that time is of the essence for completing this work and agree that work under this agreement will be completed by the termination date of this agreement. III. Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Consultant in an amount not to exceed One Hundred and Twelve Thousand Dollars ($112,000). Consultant's charges and bills shall conform to the fee schedule attached as Exhibit B and incorporated herein by reference. The amounts for individual tasks set forth in Table B-1 may vary provided the total is within the not-to-exceed amount, less the amount set aside for additional services, of this Agreement. The Consultant shall submit regular billing statements describing services rendered and the amount charged for each service consistent with the level of detail provided in Exhibit B. The descriptions shall conform to and fall within the categories set out in the Scope of Work. Upon receipt of a conforming billing statement, the City shall promptly process payment. Consultant shall not perform work beyond the Scope of Work, nor shall be compensated for such work, unless the Scope of Work or amount of compensation is modified pursuant to this Agreement. Additional services shall be compensated for only if requested pursuant to Section I and shall be compensated as set out in the request or, if the request does not so provide, as set out in Exhibit B. Bremerton/HDR CW-l Design Professional Services Agreement Page 1 of5 If a billing statement does not conform to this Agreement, the City may withhold payment until the statementis brought into compliance. Such withholding does not relieve Consultant of its obligations under this Agreement. IV. Opinions Of Probable Cost (Cost Estimates) Any opinions of probable project cost or probable construction cost provided by Consultant are made on the basis of information available to Consultant and on the basis of Consultant's experience and qualifications, and represents its judgment as an experienced and qualified professional engineer. However, since Consultant has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or market conditions, Consultant does not guarantee that proposals, bids or actual project or construction cost will not vary from opinions of probable cost Consultant prepares. V. Relationship of Parties: Consultant is skilled in the matters addressed in the Scope of Work and will perform independent functions and responsibilities in the area of its particular field of expertise. Consultant and its personnel are independent Consultants and not employees of the City. Consultant and its personnel have no authority to bind the City or to control the City's employees and other consultants or contractors. As an independent consultant, Consultant is responsible for its own management. The City's administration and enforcement of this Agreement shall not be deemed an exercise of managerial control over Consultant or its personnel. As an independent consultant, Consultant is responsible for payment of all taxes and licensing fees necessary to perform its obligations under this Agreement. These taxes and fees include but are not limited to State industrial insurance, B&O, State professional licensing, and City business licensing. If any taxes or fees due the City have been declared delinquent, the City may withhold the delinquent amount, plus any additional charges arising from the delinquency, from any payments due Consultant. VI. Insnrance and Hold Harmless: Consultant shall provide Certificates of Insurance to the City's Risk Manager verifying the following coverage: 1) a professional liability policy ("E&O") providing coverage of $1 ,000,000 for errors and omissions committed by Consultant while performing its obligations under this Agreement, and 2) a comprehensive general liability ("CGL") policy providing coverage of at least $1,000,000 per occurrence and including bodily injury and property damage. The CGL shall name the City as an additional insured. Both policies shall remain in full force and effect, and provide coverage for the full term of this Agreement. Insurer shall provide the Risk Manager with 30 days' written notice of any cancellation or change of coverage of either policy. Consultant shall, at all times, be solely responsible for the negligent or wrongful acts or failures to act of its personnel, sub consultants and agents which arise in any way out of the performance of this Agreement. Consultant agrees to defend, indemnify, and hold harmless the Bremerton/HDR CW-l Design Professional Services Agreement Page 20f5 City and its appointed and elected officials and employees from and against any and all liability, loss, costs, damage, and expense, including costs and attorney fees in defense thereof, because of actions, claims, or lawsuits for damages resulting from personal or bodily injury, including death any time resulting therefrom, sustained by any person or persons, and on account of damage to property, to the extent arising out of the willful misconduct or negligent performance of the Agreement, if such injuries to persons or damage to property is due to the willful or negligent act or omission of the Consultant, its subconsultants, its agents, or assigns. The City and Consultant have specifically negotiated Consultant's waiver of its immunity under Title 51 RCW, which is hereby waived for purposes of Consultant's indemnification and hold harmless of the City, including the duty to defend. This provision shall be inapplicable to the extent such action, claim, or lawsuit is judicially found to arise from the acts or failures to act of the City. VII. General Conditions: A. Reports and Information: When requested by the City, Consultant shall furnish periodic reports and documents on matters covered by this Agreement. The reports and documents shall be furnished in the time and form requested. Consultant shall maintain accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to substantiate all billed amounts. B. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. C. Severability: Should any part ofthis Agreement be found void, the balance of the Agreement shall remain in full force and effect. D. Modification: This Agreement may only be modified by written instrument signed by both Parties. E. Notices: Notices shall be in writing and delivered to the following addresses: City Address Consultant Address City of Bremerton HDR Engineering, Inc. 239 4th Street 500 108th Avenue NE Ste 1200 Bremerton, WA 98337 Bellevue, W A 98004-5549 F. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power. Bremerton/HDR CW-I Design Professional Services Agreement Page 3 of5 --- G. Compliance with Laws: Consultant shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. H. Choice of Law and Venue: This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. 1. Attornevs' Fees: To the extent not inconsistent with RCW 39.04.240, in any claim or lawsuit for damages arising from the parties' performance of this agreement, each party shall be responsible for payment of its own legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit; however, nothing in this subsection shall limit the City's right to indemnification under Section VI of this agreement VIII. Nondiscrimination: Consultant shall not discriminate in employment or services to the public on the basis ofrace, color, national origin, sex, religion, age, marital status, or disability, except for employment actions based on bona fide occupational qualification. IX. Termination: This Agreement may be terminated, at will, by the City upon 30 days' notice to the Consultant. This Agreement may be immediately terminated for cause by either Party ifthe other Party substantially fails to perform through no fault of the terminating Party, and the non-performing Party does not commence correction of the failure of performance within five days of the terminating Party's sending notice to the non-performing Party. Upon termination the City will be entitled to reports showing the status and/or all work products, independent of their stage of completion or preparation format, of all items listed in the Scope of Work current through the termination date. X. Standard Of Performance: The standard of care for all professional engineering and related services performed or furnished by Consultant under this Agreement will be the care and skill ordinarily used by members of Consultant's profession practicing under the same or similar circumstances at the same time and in the same locality. XI. Construction Procedures: Consultant's observation or monitoring portions of the work performed under construction contracts shall not relieve the contractor from its responsibility for performing work in accordance with applicable contract documents. Consultant shall not control or have charge of, and shall not be responsible for, construction means, methods, techniques, sequences, procedures of construction, health or safety programs or precautions connected with the work and shall not manage, supervise, control or have charge of construction. XII. Re-Use Of Documents: All documents, including all reports, drawings, specifications, computer software or other items prepared or furnished by Consultant pursuant to this Agreement, are instruments of service with respect to the project and are the property of the City. Any reuse by the City for other than the specific purpose intended will be at City's sole risk and without liability or legal exposure to Consultant, and City will defend, indemnify and hold harmless Consultant from all claims, damages, losses and expenses, including attorney's fees Bremerton/HDR CW-l Design Professional Services Agreement Page 4 of5 arising or resulting therefrom. The format for documents and work products shall be as specified in the exhibits. .' IN WITNESS WHEREOF the parties hereto have executed this Agreement the date and year indicated. HDR ENGINEERING, INC. CITY OF BREMERTON Wade Hathhorn, P .E., date Cary Bozeman, date Vice President Mayor Departmental Approval Phil Williams, Director PW &U Approved as to form: Roger Lubovich, City Attorney Received for Filing: Paula Johnston, City Clerk Bremerton/HDR CW-l Design Professional Services Agreement Page 5 of5 --~ ----- EXHIBIT A CITY OF BREMERTON PUMP STATION CW-l ENGINEERING DESIGN SERVICES SCOPE OF WORK INTRODUCTION The purpose of this contract is for HDR to provide engineering services to assist the City in the design of the upgrade of Pump Station CW-l. The scope ofHDR services for this project include the following tasks. A detailed description of each task is provided herein. Table 1. Scope of Services Task Descripton 101 Project Management, Coordination and Meetings 201 Surge Analysis and Control Design 202 Electrical and Instrumentation Design 203 Structural Analysis and Design 204 Mechanical Design 205 Pumping System Design Review 206 Bidding and Construction Assistance 300 Additional Services General Project Assumptions l. The pump station upgrade will require temporary bypass pumping to facilitate the construction of the new improvements within the pump station. Design of a temporary bypass pumping system is not included in this scope. 2. The construction of the improvements included in this scope of work is based on the existing pump station being completely taken out of service. 3. No staging of improvements will be incorporated into the design of the improvements in this scope. 4. Demolition drawings will be developed by the City. City of Bremerton 1 Pump Station CW-l Engineering Design Services 5. The documents will use the Standard General Conditions of the Construction Contract as prepared by the Engineers Joint Contract Documents Committee (EJCDC). 6. The City will prepare specifications for Divisions 0 through 11, and Division 15 except for the sections noted in this scope to be prepared by HDR. No specifications in Divisions 12 or 14 will be developed in this scope of work. SERIES 100 TASKS - PROJECT MANAGEMENT Task 101- Project Management, Coordination, and Meetings Consultant Responsibilities: 1. Contracting and internal project controlling and accounting 2. Staff administration and scheduling 3. Monthly reports and invoices 4. Attend coordination and review meetings Assumptions: 1. Standard invoices and reports will be prepared on a monthly basis 2. HDR standard monthly invoice format will be utilized. This format contains an itemized list of project staffwho charged to the project, hourly rates, number of hours charged, and Other Direct Charges (ODCs). 3. Invoice hours will be classified by tasks. 4. No backup information (i.e. timesheets, logs, receipts, etc.) will be submitted with the invoices unless specifically requested by the City. Backup information will be available in HDR files for inspection by City project auditing staff, if requested by the City. 5. The City will maintain the role of overall project coordination with other governmental agencies. Work Products: 1. Monthly reports with descriptions ofthe work performed and cost of associated work. 2. Monthly standard invoice. SERIES 200 TASKS - DESIGN SERVICES Task 201 - Surge Analysis and Control Design The existing CW -1 pump station was designed and constructed with flywheels on the pump motor shafts to provide surge protection. It is anticipated that the upgraded pump station will also require surge control to protect the pumping system in the event of a sudden stop in pumping. Consultant Responsibilities: 1. Create a computer simulation of the operation of the pump station and force main that will accurately depict the conditions currently experienced using WaterCAD and HAMMER software. 2. Analyze the operation of the pump station and force main under normal operating conditions City of Bremerton 2 Pump Station CW-I Engineering Design Services 3. Analyze the operation of the pump station and force main under conditions caused by a sudden stoppage of the pumps. 4. Provide recommendations to the design team for new facilities that will minimize the impact of a sudden stop in pumping. 5. Develop details and specifications for a surge tank control system. 6. Provide tank dimensions and coordinate with the City to identify potential locations to install a surge control tank system. Assumptions: 1. The pipeline has been built in accordance with drawings provided by the City. 2. A surge tank system will be the recommended surge control method. City Responsibilities: 1. Provide information on the existing pipeline (alignment, profile, fittings, etc.). 2. Provide information on the proposed pump(s). 3. Provide access to the pump station and force main for a walk-through. 4. Review work products prepared by Consultant. 5. Incorporate the surge tank and related piping into City developed site and piping drawings. Work Products: 1. Draft and final Technical Memorandum detailing the surge analysis, surge control alternatives, preliminary tank sizing and final recommendations. 2. Surge control tank system specifications. 3. Written responses to client review comments will not be required. Task 202 - Electrical and Instrumentation Design The existing pump station electrical equipment is inadequate to provide service for the upgraded pumping facility. The electrical upgrade will require new variable frequency drives (VFDs), new motor control center, line reactors, and new standby generator. It is also anticipated that a new 600 amp service from Puget Sound Energy (PSE) will be required. Consultant Responsibilities: 1. Develop the electrical plans and specifications for the pump station upgrade. It is assumed that the following drawings will be developed: 1 Electrical Symbols, Legend & Abbreviations City of Bremerton 3 Pump Station CW-l Engineering Design Services -- ----- --------- 1 Electrical Qne Line Diagram I Electrical Power Plan 2 Electrical Control Diagrams 2 Electrical Details I Instrumentation Legend and Abbreviations I Process and Instrumentation Diagram (P&ID) - Surge tank, standby engine generator, and ventilation 1 Process and Instrumentation Diagram (P&ID) - Pumps and VFDs 1 Instrumentation Details 11 - Estimated Electrical and Instrumentation Drawings 2. Develop technical specifications based HDR standard specifications in the Construction Specification Institute (CSI) format. This will include CSI Division 16 Electrical Specifications for electrical equipment including a new standby generator. 3. Develop a basis of design memorandum that will summarize the key design assumptions used for the design of the pump station. This will include the equipment load summary, operational assumptions used as the basis for generator sizing, and other design assumptions. This memo will be a maximum of two pages. 4. At the 90 percent design phase, construction drawings and specifications will be submitted for review. This level of design includes a final pump station details, all manholes and structures located, details of structures, and complete specifications. Construction staging and sequencing will be included. 5. At the 90 percent review the remaining work will include design of minor changes to the details and minor incidental work items required ofthe construction contractor along the pipeline route. 6. An engineer's cost estimate will be prepared based upon the 90 percent design drawings and special provisions. 7. Answer questions from prospective bidders regarding the contract documents. 8. Prepare and issue addenda during the bid process. City Responsibilities: 1. City to provide existing instrumentation drawings for 2004 control panel modifications. 2. City will design new in line flow monitoring equipment. Assumptions: 1. One site visit by the electrical engineer will be required. 2. The existing lighting within the pump station will remain. 3. The existing pump station control panel, control equipment, and SCADA system will remain in place. Existing control equipment includes wet well level sensing check valve limit switches. 4. The fuel tank for a new standby generator will be incorporated into the base of the generator. The fuel storage will provide 24 hour standby generator operation. City of Bremerton 4 Pump Station CW-I Engineering Design Services --- --- 5. Design review submittals (90 percent) will be submitted electronically. The drawings will be submitted in a PDF format. Specifications will be submitted in Microsoft Word format. 6. Written responses to client review comments will not be required. Work Products: 1. Basis of design memorandum. 2. Ninety (90) percent design drawings and specifications 3. One set of final design drawings and specifications stamped by the engineer. 4. Electronic drawing files in AutoCAD format and Adobe PDF format. 5. Specifications in Microsoft Word. Task 203 - Structural Analysis and Design Consultant Responsibilities: 1. Evaluate structural adequacy of the existing facility to accommodate the new standby generator with an integral fuel tame It is assumed that structural improvements will not be required to support the new generator. Design of structural improvements is not included. 2. Evaluate the structural impact of increasing the size of louvers as required for the new generator. It is assumed that structural modifications to the building will not be required as a result of increasing the louver size. City Responsibilities: 1. Provide as-built drawings of the existing pump station. Assumptions: 1. Structural modifications to the building will not be required as a result of increasing the wall penetration for the louvers. 2. Aside from increasing the size of the openings for new louvers, no other architectural modifications will be made. 3. No changes will be made to the structure to facilitate removal of pumps or other equipment. 4. Written responses to client review comments will not be required. Work Products: 1. Technical memorandum summarizing evaluation of existing structural adequacy. 2. One design drawing if required for structural improvements to the pump station. Task 204 - Mechanical Design With new VFDs and pumping equipment the ventilation requirements of the pump station will change and require replacement of the HV AC system. Consultant Responsibilities: 1. Develop a basis of design memorandum summarizing the design criteria for the mechanical design elements. This memo will summarize the ventilation requirements, sizes of proposed ventilation equipment, and other design criteria. City of Bremerton 5 Pump Station CW-I Engineering Design Services -- --- ----- --- 2. PrepareHV AC drawings. A preliminary list is as follows: I Mechanical Room and Roof Plan 1 Mechanical Details 2 - Estimated Mechanical Drawings 3. Prepare Division 11 and 15 specifications. A preliminary list of specifications is as follows: 10200 - Louvers and Vents 15605 - HV AC Equipment 15890 - HV AC Ductwork 15970 - Instrumentation and Controls for HV AC Systems 15990 - HV AC Systems Testing and Balancing 4. Provide input into the Engineer's cost estimate 5. Prepare control loop descriptions for HV AC equipment. 6. Provide written responses to client review comments. 7. Determine if generator silencer can be placed on the roof. City Responsibilities: 1. City will provide AutoCAD drawings of the existing pump station. Drawings will include plan views and section views. Assumptions: 1. There is no existing below ground fuel oil storage tame 2. There are no City noise control ordinances for standby generators. Aside from exhaust mufflers, no noise control features will be incorporated into the design of the engine generator. 3. Written responses to client review comments will not be required. 4. Ventilation of the wet well will not be included. 5. There will be not mechanical plumbing design. Work Products: 1. Basis of design memorandum. 2. Ninety (90) percent design drawings and specifications 3. One set of final design drawings and specifications stamped by the engineer. 4. Electronic drawing files in AutoCAD format and Adobe PDF format. 5. Specifications in Microsoft Word. Task 205 - Pumping Station Design Review Consultant Responsibilities: 1. Review City pump selection and pump specifications. City Responsibilities: 1. Provide design calculations and proposed pump specification. Assumptions: 1. None. City of Bremerton 6 Pump Station CW-l Engineering Design Services Work Products: 1. Up to a two page memorandum discussing the review comments of the pumping system design. Task 206 - Bidding and Construction Assistance Consultant Responsibilities: 1. Upon request by the City, answer specific technical questions from prospective bidders regarding the contract documents. 2. Assist the City in preparation of addenda items during the bid process. 3. Provide engineering support during construction within the allotted hours in the budget. 4. Review Division 16 shop drawing submittals and the submittals directly related to specifications and design provided by HDR. City Responsibilities: 1. The City will advertise, evaluate, and award the contract. 2. The City will administer all aspects of the construction contract including coordination with owners of other utilities that must be relocated prior to construction. 3. Prepare and distribute addenda to plan holders Assumptions: 1. No field visits will be required during bidding or construction. 2. A total of36 hours ofHDR stafftime have been included in the budget for assistance during bidding and construction. Work Products: 1. Telephone records or other documentation of bidding questions answered during the bidding phase. 2. Shop drawing review comments. SERIES 300 TASKS - ADDITIONAL SERVICES Consultant Responsibilities: 1. Prepare cost proposals for additional services requested by the City. 2. Provide assistance as requested by the City. City Responsibilities: 1. Request assistance and document request in writing. E-mail is considered suitable for authorization. Assumptions: 1. An allowance has been included in the project budget for additional services as requested by the City. Funds will not be expended from this task budget without prior written authorization from the City. City of Bremerton 7 Pump Station CW-l Engineering Design Services Work Products:' 1. Work products will be determined at the time services are requested by the City. City of Bremerton 8 Pump Station CW-I Engineering Design Services EXHIBIT B - COMPENSATION Compensation for ENGINEER'S services under this Agreement shall be on the basis of an hourly rate equal to Direct Labor Cost times a multiplier of 3.2 to be paid as total compensation for each hour an employee works on the project, plus Reimbursable Expense with a maximum not to exceed the total amount in Table B-l. This table provides an estimate of the cost per task as described in Attachment A. The Engineer may adjust the distribution of compensation between individual tasks of the work noted herein to be consistent with services actually rendered, but shall not exceed the total estimated compensation amount unless approved in writing by the Owner. The amount of any sales tax, excise tax, value added tax (V AT), or gross receipts tax that may be imposed on this Agreement shall be added to the ENGINEER'S compensation as Reimbursable Expenses. Compensation terms are defined as follows: Direct Labor Cost shall mean salaries and wages, (basic and overtime) paid to all personnel engaged directly on the Project. Reimbursable Expense shall mean the actual expenses incurred directly or indirectly in connection with the Project for transportation travel, subconsultants, subcontractors, computer usage, telephone, telex, shipping and express, and other incurred expense. ENGINEER will add ten percent (10%) to invoices received by ENGINEER from sub- consultants and subcontractors. Charges for typical reimbursable expenses incurred by the consultant will be at the following rates. Miscellaneous: Postage at cost Travel: Current IRS rate for business use of an automobile Other travel expenses at cost Copying: Standard at 10 cents per page Computer/Software Charge: $4.10 per labor hour Phone: At cost Fax: 75 cents per page for outgoing faxes No charge for incoming faxes City of Bremerton 9 Pump Station CW-I Engineering Design Services " The approximate distribution of costs with respect the tasks are as follows. Table B-1. Task Breakdown of Project Budget Task Descripton Estimated Cost 101 Project Management, Coordination and Meetings $15,800 201 Surge Analysis and Control Design $13,000 202 Electrical and Instrumentation Design $41,100 203 Structural Analysis and Design $ 3,000 204 Mechanical Design $21,400 205 Pumping System Design Review $1,700 206 Bidding and Construction Assistance $6,000 300 Additional Services (See Note) $10,000 TOTAL CONTRACT AMOUNT $112,000 Note: No charges will be made to task 300 without prior written approval. Email will suffice as written authorization. City of Bremerton 10 Pump Station CW-l Engineering Design Services EXHIBIT C - SCHEDULE Notice to Proceed March 17,2005 Basis of Design Memorandums April 8, 2005 Ninety (90) Percent Design Submittal May 6, 2005 Ninety (90) Percent Design Submittal Comments from City May 20, 2005 Final Design Drawings and Specifications June 16,2005 City of Bremerton 11 Pump Station CW-l Engineering Design Services --- ----------- - -------- DATE SUBMITTED: March 2,2005 BILL # ()S" - 07/ AGENDA BILL CITY OF BREMERTON I A CITY COUNCIL 1O ................AiO:~.q~5.............................................................. SUBJECT: Public"flearing and Ordinance Committee Meeting Date: March 9,2005 approving and confirming the Final COUNCIL MEETING Date: March 16,2005 Assessment Roll for UUD 2002-01 Department: Public Works & Utilities Presenter: Michael Mecham Phone: 473-5288 SUMMARY: The Assessment Roll levying the special assessments against the property located within UUD 2002-01 has been filed with the City Clerk and March 16,2005 has been set as the hearing date for the City Council to consider the Roll and any objections thereto. The proposed ordinance approves and confirms the Final Assessment Roll for UUD 2002-01. ATTACHMENTS:. ~ 1. Council Summary If. ~ ~~5 2. Site Map 3. Proposed Ordinance N /) . -\q 3 5 FISCAL IMPACTS (Include Budgeted Amount): Total project costs have been $3.1 million. The portion of the work that provides special benefit to City owned property prorates to $61,254.17. That cost will be borne by the water utility and paid through rates. ~/---.- APPROVALS: ( DEPARTMENT DIRECTOR: \v,~- CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: FIS CAUBUD GET: /~~' CONSENT AGf~t D OPERATIONS: t/~.-~ \.--~ V I COUNCIL PRESIDENT: y~vt4jJ?I..~ RECOMMENDED MOTION: fJ Move to pass Ordinance No. 4q 2.s approving and confirming the Final Assessment Roll for ULID 2002-01. COUNCIL ACTION: 0 Approve 0 Deny 0 Table D Continue D No Action HEARING FOR APPROVAL AND CONFIRMATION ULID ASSESSMENT ROLLS UTILITY LOCAL IMPROVEMENT DISTRICT 2002-1 COUNCIL SUMMARY The purpose of this hearing is for approval and confirmation of the assessments and assessment rolls for Utility Local Improvement District (ULID) 2002-1. This UUD is a portion ofa large project known as the W-650 Pressure Zone Improvements. This project is in the vicinity of the west end of Werner Road (see attached map). The total project consisted of a large water reservoir, a water pump station and approximately 15,000 feet of water pipe. The total cost for all these improvements was $3.1 million. The City received EDA grants for approximately $570,000. City staff is continuing to pursue reimbursement from the State Military Department for $400,000. The ULID portion of this project is approximately 5,300 feet of 12-inch water distribution pipe. The estimated assessment cost prior to bid was $928,000 or $104 per front foot. At the close of construction the assessment cost is $467,840.59 or $52.71 per front foot. These costs include construction, engineering, interim financing and bond sale costs. The final costs, are substantially less than originally estimated because of a good bid and considerably less rock and blasting than anticipated. The property owners will have an opportunity to present objection to the assessments ofthe UUD at the hearing. Prior to the hearing each property owner was mailed a letter announcing this hearing and stating the cost of the assessment. Upon City Council approval and confirmation of the assessment rolls, City staff will proceed with the bond sale. ab, Agenda Bills 2005, UUD 2002 Assessment Roll, Hearing - ----- ~I - -, ~ ' ~ - =-.: "\ .. .'- L'" ]",\~.., ~ ' 'Ji; ... 0'> .<:~=~\\_ -, J '" ~ /, ~~;c;;r'OI-1D III~) '@ @(0"'\ ., -~g21 UL/D BOUrVDARY L5r!J- - [~! ' (t) .,,- . _l, I ! ( 9 /fO\ -! Y..:.J "'- WEST 650Z0/vE Lo~j?.:::J~~~11 0 &: WATERA1A/N ~H II = ~-={M'<=-i d 1 . ~~ i' (8) :1 ,7 f < 1 :..-J 01 \V --.....- -\ ; l' -.-J ,-' _,__ll~U \ 1;1 ~ <1) 2 ,l7\ l' 9 00' \!:J !--J I : :::J "", , ! ~ GJ .' 0 CI) 'UP yPROPOSEO uuo B~YNOARY~ I '~'i:!~ ~n 3m~ 2: (2) ,) A J ~, -- ".. au Old 01/ --- "'0 009 '"' '"' 00' 1':------- 00' "'1 O'J .... "" -- (/" "". - """"'------- ............... ----- o = 292/101-2-002-2008 ({) = 292401-1-018-2002 ~, (]) = 202401-4-003-2002 I (--:--'-.. (0 = 202401-4-004-2001 11;~:::<~i"", r= f5'. = 202'101-'1-005-2000 '-..~ ) I ~"I \':J I '--. I I 0 = 202401-4-006-2009 , (}) = 202101-'1-0~7-200~ I ~O) = 20:101-4-0U8-200/ I \ ~ j I f9\ = 20 ./07 -<[-009-2006 I ,m u' @ = 202rIOI-<1-010-200J i 0) -= 20240/-1-005-2006 L- ~ .- -. - ~ _ - ~ .--L__ . @ = 202401- 1-006-2005 @ = 202401-1-007-2004 ORDINANCE NO. 4q35 AN ORDINANCE of the City Council of the City of Bremerton, Kitsap County, Washington, approving and confirming the assessments and assessment roll of Utility Local Improvement District No. 2002-01 for the improvement of a portion of the West 650 Zone distribution water main construction as ordered by Ordinance No. 4837, and levying and assessing a part of the cost and expense thereof against the several lots, tracts, parcels of land and other property as shown on the Assessment Roll. WHEREAS, the Assessment Roll levying the special assessments against the property located in Utility Local Improvement District No. 2002-01 in the City of Bremerton, Kitsap County, Washington (the "City") has been filed with the City Clerk as mandated by law; and WHEREAS, notice of the time and place of hearing and making objections and protests to the Roll was published at and for the time and in the manner provided by law fixing the time and place of hearing for the 16th day of March, 2005 at the hour of 5:30 p.m. in the first floor public meeting room at 345 Sixth Street, Bremerton, Washington, and further notice thereof was mailed by the City Clerk to each property owner shown on the Roll; and WHEREAS, at the time and place fixed and designated in the Notice, the final assessment hearing was held before the City Council sitting as a board of equalization and acting for the purpose of considering the Roll and the special benefits to be received by each lot, parcel, and tract ofland shown upon such Roll, including the increase and enhancement of the fair market value of each such parcel of land by reason of the improvement, and written protests were received and persons appeared at the hearing to provide testimony in support of their protests; and WHEREAS, the City Council gave due consideration to said Roll and to all written and oral objections received and to all persons appearing at said hearing, and to all exhibits presented at the hearing; and WHEREAS, the City Council has made determinations as to the final assessment roll and has been advised with respect thereto; NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The City Council, sitting as a board of equalization, and having made all revisions to the Roll as it deems necessary, and having heard and considered any objections of individual property owners, hereby finds and determines that the Final Assessment Roll for Utility Local Improvement District No. 2002-01, which has been created and established for the purpose of constructing improvements to the City's water system, including the installation of a 12-inch water pipe in the area described or the West Hills area, is just and 1 ULID 2002-01 Final Assessment Roll equitable and that no assessment against property within ULID No. 2002-01 is greater than the special benefits to be derived from the improvements. Accordingly, the final Assessment Roll, a copy of which is attached hereto as Exhibit A and incorporated by this reference, in the total amount of$467,841.00 is hereby approved and confirmed, and the assessments set forth therein are hereby levied against each lot, tract, or parcel of land and other property appearing upon the Roll. SECTION 2. The Assessment Roll as approved and confirmed shall be filed with the City Director of Financial Services for collection and the Director of Financial Services is authorized and directed to publish notice as required by law stating that the Roll is in her hands for collection and that payment of any assessment thereon or any portion of such assessment can be made at anytime within thirty (30) days from the date of first publication of such notice without penalty, interest or cost, and thereafter that the sum remaining unpaid may be paid in 10 equal annual installments. The estimated interest rate is 5.5 percent per annum, with the exact interest rate to be fixed in the Ordinance authorizing the issuance and sale of the revenue bonds for Utility Local Improvement District No. 2002-01. Interest shall commence on the 31st day following first publication of the above-described notice that the Assessment Roll is in the Director of Financial Services' hands for collection. SECTION 3. lfthe whole or any portion ofthe assessment remains unpaid after the first thirty (30) day period, interest upon the whole unpaid sum shall be charged at the rate as determined above, and each year thereafter one of the installments, together with interest upon the unpaid balance, shall be collected. The first installment of assessments on the Assessment Roll shall become due and payable during the 30-day period following the date one year after the date of first publication by the Director of Financial Services of notice that the Assessment Roll is in her hands for collection and annually thereafter each succeeding installment shall become and payable in like manner. Annual installments, including interest and any penalty, shall be paid in full when due, and no partial payment shall be accepted by the Director of Financial Services. SECTION 4. Any installment not paid prior to expiration of the thirty (30) day period during which such installment is due and payable shall thereupon become delinquent. Each delinquent installment shall be subject at the time ofthe delinquency to a penalty charge of twelve percent (12%) per annum ofthe amount of the installment, including both principal and interest, from the date of the delinquency until paid. The collection of such delinquent installments shall be enforced in the manner provided by law; provided, the City may commence foreclosure proceedings as described in RCW 35.50.030 on or before November 1st. SECTION 5. Upon a property owner's failure to pay any installment due, the City may require that the entire assessment shall become due and payable, and the collection thereof enforced by foreclosure; provided, that the payment of all delinquent installments together with interest, penalty, and administrative costs at any time before entry of judgment in foreclosure shall extend the time of payment on the remainder of the assessments as if there had been no delinquency. 2 ULID 2002-01 Final Assessment Roll SECTION 6. The lien of any assessment may be discharged at any time after the 30-day prepayment period by payment of the entire principal amount of the assessment remaining unpaid together with interest thereon to the due date of the next installment. SECTION 7. Each and every provision of this ordinance shall be deemed severable. In the event that any portion of this ordinance is determined by final order of a court of competent jurisdiction to be void or unenforceable, such determination shall not affect the validity of the remaining provisions thereof, provided the intent of this ordinance can still be furthered without the invalid provision. SECTION 8. This ordinance shall be in full force and effect ten days from and after its passage, approval and publication as provided by law. PASSED by the City Council the day of ,2005. DAREN NYGREN, Council President Approved this day of ,2005 CARY BOZEMAN, Mayor ATTEST: APPROVED AS TO FORM: PAULA JOHNSTON, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the _ day of , 2005 EFFECTIVE the _ day of ,2005 ORDINANCE NO. R:\LEGAL\Files\Current Active Files\W650 ULID\Ordinance Approving Final Assessment.doc 3 ULID 2002-01 Final Assessment Roll iliJ WEST 650 PRESSURE ZONE IMPROVEMENTS f:t"~MM~M"M^MW Ii U.L.I.D. No. 2002 - 0.1 Distribution Water Main 1_' I ~" ~.;: , ~ t,(.......~.....,.,..,' .. ~ Final Assessment Roll I UUO Lot I County Assessor's I Ownership Information I Front I Assessment I Proposed 1 Number Parcel Number I Name I Street I City I State I Zip I Footage Per Front Ft. Assessment 1 292401-2-002-2008 City of Bremerton 239 4th Street Bremerton WA 98337- 1,162.0 $52.71 $61,254.17 1877 2 292401-1-018-2002 Olympic Property C/O Olympic Resource Mgmt Poulsbo WA 98370 693.0 $52.71 36,531.10 Group, LLC 19245 10th Avenue NE 3 202401-4-003-2002 Five Cs P.O. Box 4100 Bremerton WA 98312 1,970.0 $52.71 103,847,43 4 202401-4-004-2001 Five Cs P.O. Box 4100 Bremerton WA 98312 660.0 $52.71 34,791.53 5 202401-4-005-2000 J.E. Skirving Estate 21356th Street Bremerton WA 98312 372.0 $52.71 19,609.77 6 202401-4-006-2009 J.E. Skirving Estate 2135 6th Street Bremerton WA 98312 363.0 $52.71 19,135,34 7 202401-4-007-2008 J.E. Skirving Estate 2135 6th Street Bremerton WA 98312 330,0 $52.71 17,395.76 8 202401-4-008-2007 J.E. Skirving Estate 2135 6th Street Bremerton WA 98312 1,065.0 $52.71 56,140.87 < ~ ..... 9 202401-4-009-2006 J.E. Skirving Estate 2135 6th Street Bremerton WA 98312 331.0 $52.71 17,448,48 e3 ~ 10 202401-4-010-2003 J.E. Skirving Estate 2135 6th Street Bremerton WA 98312 331.0 $52.71 17,448,48 ~ 11 202401-1-005-2006 Cropsey, LLC 4732 Old Stump Road Gig Harbor WA 98332 326.0 $52.71 17,184,91 12 202401-1-006-2005 Schourup LLC 278 Wilkes Avenue Bremerton WA 98312 636.0 $52,71 33,526.38 13 202401-1-007-2004 J.E. Skirving Estate 2135 6th Street Bremerton WA 98312 636.0 $52.71 33,526,38 Total of Assessments: $ 467,841.00 . . - ~ "- CITY OF BREMERTON, WASHINGTON UTILITY LOCAL IMPROVEMENT DISTRICT NO. 2002-01 NOTICE OF HEARING ON FINAL ASSESSMENT ROLL NOTICE IS GWEN that THE FINAL ASSESSMENT ROLL FOR Utility Local Improvement District No. 2002-1 (DUD), established for the purpose of the improvement of a portion of the West 650 Zone distribution water main construction as ordered by Ordinance No. 4837 of the City of Bremerton, Washington (City) has been prepared as required by law and is on file and open to inspection at the office of the City Clerk, at City Hall, 345 6th Street, Suite 600, Bremerton Washington. NOTICE IS FURTHER GWEN that the City Council of the City has fixed the time for the hearing upon the final assessment roll for 5:30 p.m., local time, on March 16,2005, in the first floor public meeting room at 345 6th Street, Bremerton, Washington. Any person desiring to object to any assessment appearing on the final assessment roll for the UUD is notified to make all objections in writing and to file them with the City Clerk on or before the date fixed for the hearing on the final assessment roll. All objections must state clearly the grounds for the objections and should contain lot, block and addition, section, tax number or other identifying description of the property. PLEASE NOTE THAT THE OBJECTIONS OF ANY PERSON WHO FAILS TO FILE AN OBJECTION IN WRITING AS DIRECTED ABOVE WILL BE CONCLUSIVELY PRESUMED TO HAVE BEEN WAIVED AND THE CITY COUNCIL WILL NOT CONSIDER SUCH OBJECTIONS. At the time and place fixed, and at such times to which the hearing may be adjourned, the City Council shall sit as a board of equalization and will consider objections duly filed, together with all information and evidence in support of those objections, and shall consider the assessment roll. At the hearing, or adjournment thereof, the City Council may correct, revise, raise, lower, change or modifY the roll or any part thereof, or set aside the roll and order a new assessment. Following the hearing, the City Council will confirm the assessment roll by ordinance. When property has been entered originally upon the roll, and the assessment thereon is not raised, no objection shall be considered by the City Councilor by any court on appeal unless the objection is made in writing at or prior to the date fixed for the original hearing upon the roll. The amount set forth in the attachment is the amount of the assessment shown on the assessment roll against the property described on the attachment as the proportionate share of the cost of the improvements constructed in the UUD to be born by such property. ----- JJ WEST 650 PRESSURE ZONE IMPROVEMENTS i" D 1'1 I! . C II U.L.I.D. No. 2002 - 0.1 Distribution Water Main t_j Final Assessment Roll l ULlO Lot I County Assessor's I Ownership Information I Front I Assessment I Proposed I Number Parcel Number Name I Street I City I State I Zip I Footage Per Front Ft. Assessment 1 292401-2-002-2008 City of Bremerton 239 4th Street Bremerton WA 98337- 1,162.0 $52.71 $61,254.17 1877 2 292401-1-018-2002 Olympic Property CIO Olympic Resource Mgmt Poulsbo WA 98370 693.0 $52.71 36,531.10 Group, LLC 1924510th Avenue NE 3 202401-4-003-2002 Five Cs P.O. Box 4100 Bremerton WA 98312 1,970.0 $52.71 103,847.43 4 202401-4-004-2001 Five Cs P.O. Box 4100 Bremerton WA 98312 660.0 $52.71 34,791.53 5 202401-4-005-2000 J.E. Skirving Estate 2135 6th Street Bremerton WA 98312 372.0 $52.71 19,609.77 6 202401-4-006-2009 J.E. Skirving Estate 2135 6th Street Bremerton WA 98312 363.0 $52.71 19,135,34 7 202401-4-007-2008 J.E. Skirving Estate 2135 6th Street Bremerton WA 98312 330.0 $52.71 17,395.76 8 202401-4-008-2007 J.E. Skirving Estate 2135 6th Street Bremerton WA 98312 1,065.0 $52.71 56,140.87 9 202401-4-009-2006 J. E. Skirving Estate 2135 6th Street Bremerton WA 98312 331.0 $52.71 17,448.48 10 202401-4-010-2003 J.E. Skirving Estate 2135 6th Street Bremerton WA 98312 331.0 $52.71 17,448.48 I I 326.01$52.71 11 202401-1-005-2006 Cropsey, LLC 4732 Old Stump Road Gig Harbor WA ! 98332 17.184.91 12 202401-1-006-2005 Schourup LLC 278 Wilkes Avenue Bremerton WA 98312 636.0 $52.71 33,526.38 13 202401-1-007-2004 J.E. Skirving Estate 2135 6th Street Bremerton WA 98312 636.0 $52.71 33,526.38 Total of Assessments: $ 467,841.00 DATE SUBMITTED: March 2, 2005 BILL # {)S" 07d-. AGENDA BILL CITY OF BREMERTON foB CITY COUNCIL ..............................~.....;r~~.............................................. . a.vtd ~e...,DI(}l1o\ll.~ SUBJECT: Public Hearing^on Real Estate Committee Meeting Date: March 9, 2005 Purchase and Sale Agreement for SR3 COUNCIL MEETING Date: March 16,2005 'f 3 -;( 3-05:" Property Department: Parks & Recreation Presenter: Ken Mickelsen Phone: 473-5752 SUMMARY: The City has received an offer to purchase real property known as SR3 Park for the appraised value of $568,000. Deed restrictions on the property limit the use of the property for park and recreation purposes and prohibit the sale except to another government agency. The National Park Service has indicated it will release the deed restrictions on the condition of the City purchasing appropriate replacement property that will be covered by similar deed restrictions. The current property's value for serving park and recreation needs of the City has diminished. Following submission of a report by the Parks and Recreation Board, City Council must hold two public hearings regarding the potential sale of the property and a unanimous vote of the full Council is required to approve the sale. Public Hearings are scheduled for March 16, 2005 and March 23,2005. ATTACHMENTS: (<.ts 0 t..1J"'r1 D/II ~ .:J. q 5 q 1. Memorandum from Ken Mickelsen 2. Report from the Parks and Recreation Board 3. Proposed Purchase and Sale Agreement FISCAL IMPACTS (Inchlde Budgeted Amount): None. A dedicated account will be created from the proceeds from the sale for the purchase of replacement property. APPROVALS: DEP ARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: FISCAL/BUDGET: .fi);1o/~ ;?-~ CONSENT AGENDA 0 /11) ~.LJ OPERATIONS: {kt~ /, 'l~ COUNCIL PRESIDENT: y~ I ~ . RECOMMENDEDMO~ION:. 6'1 SJ "'~OI1\ 0 l\ 3;1&/05 +61'aSS (l.eso{vll olA.::tF.;>.q ~ f) Ctc; I move:'"'(l) to approve the sale pursuant to the terms of the purchase and sale agreement; (2) to authorize the Mayor to execute all documents necessary to close the sale; and (3) to set aside the proceeds from the sale to a dedicated account for the sole purpose of purchasing or improving park land pursuant to the National Park Service requirements and National Park Service approval. COUNCIL ACTION: 0 Approve o Deny o Table o Continue o No Action RESOLUTION NO. ~q5q A RESOLUTION of the City Council of the City of Bremerton, Washington, declaring certain park property surplus to the City's needs and approving a sale of the property in accordance with the provisions ofBMC 13.12.030. WHEREAS, the City has received an offer to purchase the park commonly known as SR3 Park and legally described in Exhibit A from Daniel and Jill Sullivan for $568,000, which sum is the fair market value of the property; and WHEREAS, the Parks Board of the City ofBremerton has been consulted and voted unanimously to support and recommend the proposed sale to the City Council; and WHEREAS, deed restrictions on the property limit the use of the property for park and recreation purposes and prohibit the sale except to another government agency; and WHEREAS, the National Park Service has indicated it will release the deed restrictions on the condition of the City purchasing appropriate replacement property that will be covered by similar deed restrictions; and WHEREAS, City Council has evaluated the advisory report of the Parks Board and finds that the property's value for serving park and recreation needs has diminished and the property is no longer suitable for use as a park; and WHEREAS, pursuant to BMC 13.12.030, public hearings were held on March 16, 2005 and March 23,2005, relating to the proposed surplus and sale of the property; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council finds and concludes that the SR3 Park, legally described in Exhibit A is hereby declared surplus to the City's needs and is no longer suitable for use as a park, play field, open space or recreational activity. SECTION 2. . The proceeds from the sale ofthe above-mentioned property will be set aside in a dedicated account for the purchase of appropriate replacement property authorized pursuant to BMC 2.78.040. SECTION 3. The Director of Parks and Recreation and the City Attorney are hereby authorized to finalize a purchase and sale agreement with substantially the same terms and conditions as set forth in the proposedagreementattached as Exhibit B authorizing the sale of the property to Daniel and Jill Sullivan. 1 Surplus and Sale of Park Property SECTION 4. . The Mayor is authorized to execute any and all documents, including but not limited to statutory warranty deeds and real estate excise tax affidavits, necessary to complete the transaction. SECTION 5. Severabilitv. If anyone or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity ofthe remaining portion of this Resolution and the same shall remain in full force and effect. SECTION 6. Effective Date. This Resolution shall take effect and be in force immediately upon its passage. PASSED by the City Council of the City of Bremerton, Washington this _ day of ,2005. DAREN NYGREN, Council President APPROVED AS TO FORM: ATTEST: ROGER A. LUBOVICH, City Attorney PAULA JOHNSTON, City Clerk R:\LEGAL\Files\Current Active Files\SR3 - Real Estate Sale\Surplus and Sale Resolution.doc 2 Surplus and Sale of Park Property LEGAL DESCRIPTION Tax Desc~iption Tax Account No. Proce!~s No. Situs Address lli19-OO~-0480.0105 Itz41 ~100 It BRENTWOOD PARK PTN TIt 48 & Ell2 OF S"'1/4 SEe 16-24-1E CNVYD BY AUD NO 1087935: DAF, BEG AT A CONe MON SET AT X OF SL V RIW LN OF KITSAP WY (FORMERL~' PSH NO 21, 100 Fr WIDE) WITH '''L Y RIW LN OF ARSENAL ,,~{ (40FT WIDE) AS SD RIW LINES VfERE LOC FER 29 1960 TH S24....;l4.40W ALG SD WL Y RI\V 565.31FT TO CONe MON TH S9*57'20E ALG SD RIW 499.78FT TH LEA V SO RIW, FR A SEMI-TANG WH BEARS N43*3S'20W, ALG CRV TO R HA VG RAD OF 1747.10FT AN ARC DIST OF 128.50FT TH N81 *55'OOW 410FT TO TPOB TH S81*SSfOOE 80FT TH N22*14'34E %00.09 FT TH N31*3S'43W 196.33FT TH S63*24'17W 16..48FT TO PT OF CRY OF CRV TO R HA VG RAD OF' 418.13FT TH ALG SD CRY THRU CIA OF 32*59'22 AN ARC DIST OF' 240.70FT TO WL Y BDRY OF QUALHEIM WAR HOUSING PROJ Tlfi S12*38'36W ALG SD BDRY 182.] IIi'T TH S32*UfOOE 78.90FT TH S"7cl*12fOOE ZOOFT TO TPOB. EXCEPT PORTION CONVEYED Pll:,R RECORDING UNDER AUDITOR FILE NO. 200301230524. close this window : , I EXHIBIT A , : , , I I ~8.(~-c I I \; '~.~1l,:~-e~ ,~ I lila~~-. I I ! \ " '.: ' ,tHE ,(tv ~I' PRIIlE/AND OPI!ORTUNITY I I MEMORANDUM To: Bremerton City Council/Mayor C:ary Bozeman From: Ken Mickelsen, Director Date: February 9, 2005 Subject: Proposal for Selling Park Property, (SRJ Park Site) It is my understanding that there has been some very preliminary discussion with the Council about the possibility of selling the SRJ Park site. I would like to take the opportunity to address the Council during the February 9, 2005 meeting regarding this subject. For informational purposes, I would like to brief the Council on the status of the sale of the property. At the meeting, I will be looking for direction from the Council on whether or not the Parks and Recreation Department should continue to pursue the selling of the property. Attached is a memo that was discussed atthe January 20, 2005 meeting of the Bremerton Parks and Recreation Commission. It outlines the reasons for selling the SR3 Park property along with the proposed procedure Wr the sale. Since the SR3 Park site is listed as a protected property, the Bremerton Municipal Cqde states that in order to sell the property there are certain procedures that need to be followed (See attachment Chapter 13 .12 Parks Protection). ;\ '\ One of the requirements is the Parks Board of the City ofBremerton shall be consulted and provided all details concerning any proposed sale, lease or significant change in use. The Parks Board shall prepare an advisory report and submit it to City Council and Mayor. The attached memo of January 20,2005, including the addendum, is the advisory report that the Parks Board is subinitting to the City Council and Mayor. As the addendum indicates, the Parks Hoard unanimously voted to recommend the sale of the SR3 Property to the City Council and Mayor. ~ooking forward to discussing this subject with the Council and answering questions that councilors may have. REAL EStATE PURCHASE AND SALE AGREEMENT WITH EARNEST MONEY PROVISION (SR3 Park) This contract controls the terms of the sale of real property. (Please read carefully before sil!ninl!.) This Agreement is entered between the CITY OF BREMERTON, a Washington municipal corporation, whose mailing address is 345 6th Street, Suite 600, Bremerton, Washington 98337, ("Seller"), and DANIEL AND JILL SULLIV AN, husband and wife, ("Buyer"), for the sale and purchase of real property as follows: 1. PROPERTY. The property, including all improvements and appurtenances situated thereon, which Buyer agrees to buy and Seller agrees to sell, is commonly known as the SR3 Park property in the City of Bremerton (the "Property"), and which Property is legally described in Exhibit A, attached hereto and incorporated herein by this reference. A map indicating the location of the Property is also attached as Exhibit B, incorporated herein by this reference. 2. EARNEST MONEY. Received from Buyer, Five Thousand and Noll 00 Dollars ($5,000.00), as earnest money and part payment on the purchase price of the following described real estate. 3. PURCHASE PRICE. The total purchase price for the Property is Five Hundred Sixty Eight Thousand and Noll 00 Dollars ($568,000.00), including earnest money, payable on closing. 4. CONTINGENCIES. This agreement is contingent upon: (a) Acceptance of its terms by the Bremerton City Council. (b) Acceptance of its terms by the National Park Service pursuant to deed restrictions recorded on the property. (c) Buyers review and approval of the title report on the property prior to Closing. (d) Financing Contingency. Buyer securing financing as necessary to close the sale contemplated herein. (e) Prior to vacating the property and prior to closing, Seller removing all playground equipment, benches, picnic tables and tennis nets and other items as identified in Exhibit C. Upon vacation of the property by Seller and Seller's removal of the personal property, equipment and fixtures as provided herein, all remaining improvements (mainly tennis courts) located on the property shall be the responsibility of the Buyer and Buyer shall be responsible for the costs and expenses of demolition and/or removal ofthe improvements, as applicable. (1) A Feasibility Study as follows:.. (1) Buyer shall have three (3) months from the date of City Council REAL ESTATE PURCHASE AND SALE AGREEMENT Page 1 of 5 approval and mutual acceptance of this Agreement to determine, in Buyer's sole and absolute discretion, if the Real Property is feasible for investment and/or development by Buyer. (2) Buyer agrees to conduct its feasibility study at its sole cost and expense; and if Buyer does not remove the feasibility contingency on or before the expiration of the feasibility period, then Buyer also agrees, if requested by Seller, to deliver to Seller copies of all information and documentation obtained by Buyer in connection with its feasibility study as it relates to the environmental condition ofthe property. (3) For anyon-site activity performed by Buyer during the feasibility study, Buyer agrees to return the Real Property to its original state (i.e., fill all boring holes, etc.). Should any ofthese contingencies not be met or waived prior to closing, then this Agreement shall terminate and neither Buyer nor Seller shall have any further rights, duties or obligations hereunder, except that the Earnest Money held in escrow shall be immediately returned to Buyer. 5. CONVEYANCE AND CONDITION OF TITLE. The title to the real property shall be conveyed by Seller to Buyer at closing by Statutory Warranty Deed, free and clear of all liens, encumbrances or defects except those described in Paragraph 6 below. 6. TITLE INSURANCE. At Closing, Seller shall cause Land Title Company, whose address is 9657 Levin Road NW, Suite 100, Silverdale, W A 98383, to issue a standard form owner's policy of title insurance to Buyer in an amount equal to the total purchase price of the Real Property, and insuring the Real Property being discharged by Seller shall be paid from Seller's funds at Closing. For purposes of this Agreement, the following shall not be deemed encumbrances or defects: rights reserved and federal patents or state deeds; building or use restrictions consistent with current zoning, and utility and road easements of record. Iftitle cannot be made so insurable prior to the Closing date called for herein, unless, Buyer elects to waive such defects or encumbrances, this agreement shall terminate. 7. CLOSING COSTS AND PRO-RATIONS. The cost of escrow shall be shared equally between Buyer and Seller, except the owners policy of title insurance pursuant to Section 6 above and those fees which are expressly limited by Federal Regulation. Seller shall pay for excise tax and revenue stamps. Taxes for the current year, water and other utility charges, if any, shall be pro-rated as of date of closing unless otherwise agreed. 8. CLOSING OF THE SALE. WITH THE UNDERSTANDING THAT TIME IS OF THE ESSENCE FOR THIS AGREEMENT, this sale shall close on or before July 15, 2005 which shall also be the termination date of this agreement unless said closing date is extended in writing by mutual agreement ofthe parties. When notified, the Buyer and Seller will deposit, without delay, in escrow with Land Title Company, all instruments and monies required to complete the transaction in accordance with this agreement. Closing, for the purpose of this agreement, is defined as the date that all documents are executed and the sale proceeds are available for disbursement to the Seller. REAL ESTATE PURCHASE AND SALE AGREEMENT Page 2 of 5 9. CASUAL TY LOSS. If prior to closing, improvements on said premises shall be destroyed or materially damaged by fire or other casualty, this agreement, at option of the Buyer, shall become null and void. 10. POSSESSION. Buyer shall be entitled to possession on closing. 11. SELLER'S REPRESENT A TIONS. Seller represents: (a) that helshe will maintain the property in present condition until time of agreed possession, and (b) that the property is not encumbered by any leases. 12. SELLER'S ENVIRONMENTAL REPRESENT A TIONS. Sellerrepresents that to the best of his /her knowledge that he/she is not aware of existence of, or has caused or allowed to be caused, any environment condition (including, without limitation, a spill, discharge or contamination) that existed as of and/or prior to the closing date or any act of omission occurring prior to the closing date, the result of which may require remedial action pursuant to any federal, state or local law or may be the basis for the assertion of any third party claims, including claims of governmental entities. 13. CONDITION OF PROPERTY. As partial consideration for the purchase of the Property, Buyer purchases the property and improvements "as is" and agrees to hold the Seller harmless from any environmental condition or defect whether known or unknown. This provision shall survive closing. 14. DEFAULT AND ATTORNEY'S FEES. (a) Buyer's Default. IF BUYER DEF AUL TS HEREUNDER, SELLER'S SOLE REMEDY SHALL BE LIMITED TO DAMAGES AGAINST PURCHASE IN THE LIQUIDATED AMOUNT OF THE EARNEST MONEY PREVIOUSLY PAID THE BUYER. BUYER AND SELLER INTEND THAT SAID AMOUNT CONSTITUTES LIQUIDATED DAMAGES: AND SO AS TO A VOID OTHER COSTS AND EXPENSES TO EITHER PARTY IN CONNECTION WITH POTENTIAL LITIGATION ON ACCOUNT OF BUYERS' DEFAULT. BUYER AND SELLER BELIEVE SAID AMOUNT TO BE A FAIR ESTIMATE OF ACTUAL DAMAGES. (b) Seller's Default. IF SELLERDEF AULTS HEREUNDER, BUYER SHALL HAVE ALL THE RIGHTS AND REMEDIES AVAILABLE AT LAW OR IN EQUITY. (c) Attorney's Fees and Costs. In the event oflitigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney's fees. 15. NOTICE TO SELLER. This form contains provisions for an agreement for the purchase and sale of real estate. The Buyer makes NO WARRANTY OR REPRESENT A TION OF ANY KIND that this form, or any of its provisions-, is intended to meet the factual and legal requirements of a particular transaction, or that it accurately reflects that laws of the State of REAL ESTATE PURCHASE AND SALE AGREEMENT Page 3 of 5 Washington at the time you enter the agreement. THIS AGREEMENT HAS SIGNIFICANT LEGAL AND FINANCIAL CONSEQUENCES AND YOU ARE ADVISED TO SEEK INDEPENDENT LEGAL AND FINANCIAL COUNSEL REGARDING THESE CONSEQUENCES. If you do not understand the effect of any part, consult your Attorney before sIgnmg. 16. NON-MERGER. The terms, conditions, and provisions ofthis Agreement shall not be deemed merged into the deed, and shall survive the Closing and continue in full force and effect. 17. NOTICES. All notices required or permitted to be given hereunder shall be in writing and shall be sent U.S. certified mail, return receipt requested, or by facsimile transmission addressed as set forth below: (a) All notices to be given to Buyer shall be addressed as follows: Mayor City of Bremerton 345 6th Street, Suite 600 Bremerton, Washington 98337 (b) All notices to be given to Seller shall be addressed as follows: Daniel and Jill Sullivan PO Box 221 Belfair, W A 98520 Either party hereto may, by written notice to the other, designate such other address for the giving of notices as being necessary. All notices shall be deemed given on the day such notice is personally served, or on the date ofthe facsimile transmission, or on the third day following the day such notice is mailed in accordance with this paragraph. 18. ENTIRE AGREEMENT. This agreement, including all incorporated exhibits, constitutes the full understanding between seller and buyer. There have been no verbal or other agreements that modify this agreement. 19. BINDING EFFECT AND SURVIV AL. This Agreement shall be binding upon parties hereto and their respective heirs, successors and assigns; and the terms, conditions and provisions of this Agreement shall survive the closing ofthis transaction. 20. DATE OF MUTUAL ACCEPTANCE. For the purposes of this Agreement, the date of mutual acceptance of this Agreement shall be the last date on which the parties to this Agreement have executed this Agreement as indicated below. 21. EXPIRATION OF OFFER. Seller shall have only until 5:00 p.m. on March 25, 2005 to accept the purchase and sale agreement as written, by delivering a signed copy thereofto the REAL ESTATE PURCHASE AND SALE AGREEMENT Page 4 of 5 , , , , Buyer or the Buyer's agent. If Seller does not so deliver a signed copy within said period, this agreement shall lapse and all right of the parties hereUnder shall terminate. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date set forth below. BUYER: SELLERS: THE CITY OF BREMERTON By: Cary Bozeman, Mayor Daniel Sullivan Dated: Dated: Jill Sullivan Dated: APPROVED AS TO FORM: By: Roger A. Lubovich, City Attorney R:\LEGAL\Files\Current Active Files\SR3 - Real Estate Sale\SR3 REPSA.doc REAL ESTATE PURCHASE AND SALE AGREEMENT Page 5 of 5 LEGAL DESCRIPTION Tax Desc~iption Tax Account No. Proce!~s No. Situs Address ~719,,()O~-(t48...01 05 Itz41ltoo II BRENTWOOD PARK PTN TIt 48 & Ell2 OF S'W'l/4 SEe 16-24-1E CNVYD BY AVD NO l08793S:DAF, BEG AT A CONe MON SET AT X OF SLY RIW LN OF KITSAP WY (FORMERLY PSH NO 21, 100 FT WIDE) WITH 'YL Y RIW LN OF ARSENAL \"Y (40FT WIDE) AS SD RIW LINES V{ERE LOC FER 29 1960 TH S24-,;!4' 40W ALG SD WL Y RIW 565.31Fll TO CONe MON TH S9*57'20E ALG SD R/W 499.78FT TH LEA V SD R/W, FR A SEMI-TANG WH B.EARS N43*3S'20W, ALG CRY TO R HA VG RAD OF 1747.10FT AN ARC DIST OF 128.50FT TH N81*55'OOW 4tOFT TO TPOB TH S81"'S:!S'OOE 80FT TH NZ2*14'34E 200.09 FT T~ N31 *3S'43W 196..33FT TH S63*24'17W 16..48FT TO PT OF CRV OF CRY TO R HA VG RAD OF' 4t8.13FT TH ALG SD CRV THRU CIA OF 32*59'22 AN ARC DIST OF' 240.70FT TO WLY DDRY OF QUALHEIM WAR HOUSING PROJ TH S12*38'36W ALG SD BDRY 182.1 Ui'T TH S32*12'OOE 78.90FT TH S"71.'i*12fOOE ZOOFT TO TPOB. EXCEPT PORTION CONVEYED J"Jj:,R RECORDING UNDER AUDITOR FILE NO. 200301230524. close this ,.indow I EXHIBIT A , , I --------- :,: Layout Pa Kitsap County Parcel Search '" i~i~~:'t(~l~:''''w""ww, Legend u, w .e:' , Patt:QJ,s ,: m , , ~ '~; '11"'" ,- Road Names , ~,~,; Military ,1/' 'l~d! "", '\. ::'" '.j . .. .. . . ~'" '.. : -.' .~, ;"1 ""f;~itP~',/[ =~:\ ~.~, "i'I ,/ ~ / , -- " . ....'v,...,~._.. .<n'>S .:!".~.~},,\. ....~;<-.~.:..,.- \.:'-':~ :-.\~,~'. ~'-,> >\ .. ./ r.. :;,v<,;':' ":':" ~'~TI~~:;\;;~l!~:i? \; -""-"'-1'\ N.'~^~",^" . '., '!it, \:, >/' :~~JL~~105 y.::;:~' ,~~,)~/ CoovrbhtKwoGountv20M. ,: "'>,;,,: ,1".", ^"~'. 1 DISCLAIMER: This map is intended for display purposes only and is not intended for any legal representations. [Click here to Print] EXHIBIT B - -------------- REAL ESTATE PURCHASE AND SALE AGREEMENT WITH EARNEST MONEY PROVISION (SRJ Park) EXHIBIT C . Play structure . Benches and picnic tables . Tennis nets . Park signage . Split rail fence EXHIBIT C ------------------ ---- ------ - , ,',',c , THE a'JY&:iF PRIQE AN!> OPPORTUNITY -------.. MEMORANDUM Addendum to t~e January 20, 2005 Memorandum on the Selling of the SR3 Park Property To: Bremerton City Council/Mary Cary Bozeman From: Ken Mickelsen, Director Date: February 9,2005 Subject: Recommendation for the sale of the SR3 Park property. At the January 25, 2005 meeting of the Bremerton Parks and Recreation Commission, the subject of the sale of the SR3 Property was discussed. The Commission (parks Board) voted unanimously, at the meeting, to support the sale ofthe SRJ Park property and to recommend to the City Council and Mayor to proceed with the sale of the SRJ Park property. Pit . \ :l . MEMORANDUM TO: Bremerton Parks & Recreation Commissioners FROM: Ken Mickelsen Director, Parks & Recreation DATE: January 20, 2005 SUBJECT: Selling of SR3 property It is my understanding that the Commission has discussed the sale of the SR3 property and was supportive of the sale of the propertY3 but no formal action was taken. I would like to bring the Commission up to date on the status of the SR3 property. I have been working directly with the City Attorney and Gary Munsterman, of the National Park Service, on the process required by National Park Service for the sale of the SR3 property. BACKGROUND ThWORMATION The SR3 property is located in a commercial area next to several automobile dealerships on the west side of Highway 16. The SR3 property prior to becoming city property belonged to the U.S. Government and was given to the City with a deed restriction that the property could only be used for recreational purposes. The SR3 park contains four tennis courts, which are in need of repair and resurfacing, a small playground area, and several picnic tables. The annual maintenance cost associated with the park greatly exceeds the recreational value provided by the park. The loss of four tennis courts will not be a problem as the City has sufficient tennis courts for coinmunity use. The small piece of playground equipment along with the picnic tables will be relocated within the park system. Since there is a government deed restriction on the property, the City would need to comply with two requirements of the government to remove the restriction in order to sell the property. First, the property needs to have an appraisal. The prop~rty was appraised in March of 2004 and the value was $568,000 dollars. The second requirement is that the City needs to replace the value of property with property of similar recreational value; arid the proceeds of the sale of property can only be used to purchase additional property. In conjunction with this, the City needs to identify several parcels of land that they would actively pursue as replacement for the SR3 property. The department has identified the Plumbers Building property, the Chevron property, both adjacent to Evergreen Park, and three parcels of land adjacent to the existing city park at the south end of Kitsap Lake. SYNOPSIS Currently, there is a potential buyer for the property. The proposal the department has been working on involves selling the SR3 property, purchasing the Plumbers Building and placing the remainder of the money in a trust fund that can only be used for Park purchasing park land. The department had an appraisal completed on the Plumbers Building and the March 2003 appraisal report place a value of $124,000 dollars for the property. We are currently pursuing the possibility of the Chevron property being donated to the City. I am very optimistic that the National Park Service will approve the proposal outlined above which will allow for the sale of the property within the next thirty days. If approved, we want to expedite the process for selling the property. In addition to the government requirements to sell the property, the City of Bremerton has specific requirements contained in the Bremerton Municipal Code for the selling of parks property that are listed in the Parks Protection Chapter 13.12 of the Code. SR3 is on the list of protected properties. The requirements are attached. See 13.12.030 Procedures To Surplus or Change Use. ACTION: Staff will be seeking action from the Parks Board concerning the SR3 property -, --------- ~ . Chapter 13.12 Center (29) Lent Lane PARKS PROTECTION (30) Ivy Green Cemetery (b) The City COlUlcil may, by a simple majority of those present, add any parks lands to the list above. Any Sections: additions made by the Council would fall under the full . provisions of this chapter. (Ord. 4575, Amended, 13.12.010 TITLE. 1l/211~996; Ord. 4443 ~1, 1994; Ord. 4283 !i2, 1989 13.12.020 PROPERTIES. Referendum) 13.12.030 PROCEDURES TO SURPLUS OR CHANGE USE. 1~.I~.;ft6n:pR:(}ti~s TO SURPLUS dh 13.12.040 PRIOR SALES - ^","" "." ~~~~tJ5E. ~ RESTORATION. 13.12.050 SEVERABILITY. The folloWlhg procedures shall apply to the sale, possible sale, lease or significant change in use of any or a part of any of the above mentioned park lands. A 13.l2.oio TITLE. significant change in use shall mean any activity which This chapter shall Pe known as "The Ordinance does not compliment .or support a recreational activity. Providing Protection for Bremerton's Patks, Play Fields, (a) The Parks Board of the City of Bremerton shall Open Spaces and Recreational Facilities". (Ord 4283 !iI, be consulted and provided all details concerning any 1989 Referendum) proposed sale, lease or significant change in use. The Parks Board shall prepare an advisory report and submit it 13.12.020 PROPERTIES. to the City Council and Mayor. (a) The following commonly known parks of the (b) . The City Council shall hold a miniinum of two City of Bremerton shall fall under the provisions of this public hearings concfming the matter, in addition to other chapter: statutory hearings. . (1) Warren Avenue Play Field (c) In case of a proposed sale, the City Council at a ) (2) Kitsap Lake Park minimum shall evaluate the Parks Board advisory report (3) East Park (Glenn Jarstad Aquatic and must develop findings and - conclusions to support Center/YMCAArea) de~laring the park's asset in question smplus; prior to (4) Blueberry Park concluding any sale. A smplusmg declaration means that (5) NAD Upper Park the park's asset is no longer suitable for use as a park, play - (6) NAt>Marjm~Park field, open space onecrea1;ional activity by the Bremerton- (7) Evergreen Park . community. (8) Bast Park Nature Area (d) A unanimous vote of the full Council (9) Stephenson Canyon membership is _necessary to sell any of the park assets (10) Lions Community Playfield descnbed above'or to significantly change their use. (11) Forest Ridge Park (e) , In the absence of a unanimous vote to sell, or as (12) Kiwanis Park an alternative to meeting the criteria of Subsection (c) or (13) Sheridan Park Community Center and (d) or 1he Council may, by a simple majority of 1hose Sheridan Park Lower Area present, refer the matter to the voters at 1he neXt scheduled . (14) Sn:Uth Play Field election, or by calling a speclal election pursuant to law. (15) Manette Play Fi~~d and Senior Center - (Ord. 4283 ~3..1989 Referendum) -. (16) SR3 ~ (17) S.P. "Pat" Carey VISta 13.12.040 PRIOR SALES - RESTORATION. (18) 9th Street Mini Parle The City ofBremerton shall1ake such-action as may (19) Arvon Pak Pe necessary, including legal action if required, to restore (20) Bachmann Park the City of Bremerton :full title and ownership of the City '(21) Bataan Park _ of Bremerton pmt, play fietd, open space or recreation (22) Bremerton Boardwalk facilities named herein which have been sold, ,transferred (23) Hal's Comer or conveyed within one year prior to the effective date of (24) Naval Avenue Site (1133 Naval Avenue) this chapter: (Ord. 4283 ~4, 1989 Referendum) -- (25) Pendergast Regional Park (26) Roto VlSla Park . 13.12.050 SEVERABILITY. (27) Roto VlSla Park (lower) - In the event that any portion of this chapter should be (28) Warren Tennis Courts and Community declared invalid by any court of competent jurisdiction, 13.12.1 DATE SUBMITTED: 2-16-05 BILL # os- ()73 AGENDA BILL CITY OF BREMERTON 7A CITY COUNCIL ..........................................................................................., SUBJECT: Purchase/Sale Agreement Committee Meeting Date: 2 23 05 3-9-0S- Between the City and Chevron USA Inc. COUNCIL MEETING Date: 3265- 3 - / (-; -0, '\' regarding Acquisition of Real Property Department: Economic Developmt adjacent to Evergreen Park Presenter: Gary Sexton Phone: 473-5282 SUMMARY: Staff is recommending that the City ofBremerton purchase 1.5 acres of land adjacent to the Evergreen Park Expansion Project from Chevron USA Inc. The purchase price is $100.00. The City shall assume environmental responsibilities relating to identified hazardous substances located at, on and/or under the property as outlined in the Agreement excluding those environmental responsibilities retained by Chevron. ATTACHMENTS: Purchase and Sale Agreement) Jlke>M.O -tYOAA C.+) A-H-ovV\.€.y FISCAL IMPACTS (Include Budgeted Amount): Incidental closing costs and unknown future remedial costs of assumed environmental responsibilities. i APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: ~ FINANCE DIRECTOR: MAYOR: FISCALIBUDGET: CONSENT AGENDA 0 OPERATIONS: COUNCIL PRESIDENT: RECOMMENDED MOTION: Move to approve the Purchase and Sale Agreement between the City of Bremerton and Chevron USA Inc. for the purchase of 1.5 acres of land adjacent to the Evergreen Park Expansion Project and authorize the Mayor to execute this Agreement in substantially the same form as presented. - COUNCIL ACTION: 0 Approve o Deny o Table o Continue o No Action Office of the City Attorney Roger A. Lubovich, City Attorney Memorandum To: City Council From: ~---~ Roger A. Lubovich, City Attome . ~- He: Purchase and Sale Agreement Date: February 16, 2005 /---- / /' The proposed purchase and sale agreement between the City of Bremerton (City) and Chevron, USA, Inc. (Chevron) covers a contaminated piece ofland near Smith Cove with known hazardous substances in the groundwater and soil. I have reviewed the proposed agreement and wanted to provide the following observations. The proposed purchase and sale agreement requires the following: . The City will assume environmental obligations, liabilities, and responsibility for all hazardous substances at, on, or under the purchased property and all adjoining properties. More specifically the City assumes responsibility for (1) compliance with clean-up levels required by law, (2) third party claims for costs incurred after closing to investigate and remediate, and (3) third party claims for damages suffered after closing. . The City would not assume responsibility for expenses already incurred by Chevron or others (as of the closing date) or for third party claims for damages suffered before closing. Chevron specifically retains responsibility for (1) costs incurred by Chevron relating to hazardous substances on the property or adjoining properties, (2) clean-up and claims related to hazardous substances transported from the property, and (3) third party claims for costs incurred prior to closing relating to hazardous substances. . The City specifically agrees to demolish and remove the dock, pilings, and dolphins located in Smith Cove and to place rip-rap materials along the property adjacent to Smith Cove. Although the City does not specifically assume (nor does Chevron specifically retain) responsibility for third party claims for damages suffered before the closing, the City does agree to indemnifY, defend and hold Chevron harmless from "any third party claims or suits relating to the presence of hazardous substances on the Property and in sediments in Smith Cove." Additionally, it is not clear how you would determine when "damages suffered" would be measured for purposes of assigning liability. The agreement does contemplate allocation ofliability between pre and post closing in certain circumstances. The agreement specifically states that Chevron will convey a title at closing that includes a statement limiting the use of the property to that of a City park. While it is reasonable to believe that it can be used as an extension of Evergreen Park, it is not clear what structures or improvements, including a possible boardwalk, would be permitted on the property due to environmental constraints. The agreement also contains an acknowledgement by the City that remediation of the hazardous substances on the property may require deed restrictions against the title. PURCHASE AND SALE AGREEMENT This PURCHASE AND SALE AGREEMENT (the "Agreement") is made and entered into by and between the City of Bremerton, a Washington municipal corporation ("Buyer") and CHEVRON U.S.A. INC., a Pennsylvania corporation ("Seller"). RECITALS WHEREAS, Seller desires to sell, and Buyer desires to purchase, certain real property located along Sheldon Boulevard in the City of Bremerton, State of Washington, comprised of approximately 1.5 acres of land (the "Property"); and WHEREAS, Seller's predecessor, Standard Oil Company of California, operated a bulk fuel storage and distribution plant on the Property and an adjacent dock from approximately 1950 through 1988; and WHEREAS, in approximately 1989, motor fuel hydrocarbon contamination was discovered to be present on the Property in soil and groundwater, which was caused by or resulted from Seller's operations on the Property; and WHEREAS, since Seller's discovery of contamination on the Property, it has been actively engaged in remedial and monitoring activities on the Property; and WHEREAS, other real property located adjacent to the Property was formerly used by others for commercial and light industrial purposes, including fuel storage and maintenance operations, which uses resulted in the release of petroleum hydrocarbon contamination into the soil and groundwater at those sites; and WHEREAS, Buyer acquired most of the real property located adjacent to the Property and to Evergreen Park and following the demolition of improvements located on the adjacent property incorporated the property as part of an expansion of Evergreen Park (the "Evergreen Expansion Project"); and WHEREAS, Buyer entered into an Agreed Order (No. DE OOTCPNR-835) with the State of Washington Department of Ecology ("WDOE"), which Order required that Buyer perform certain agreed upon remedial activities directed at remediating contamination identified and located within the Evergreen Expansion Project area, to levels acceptable to the WDOE but in excess of the Method "A" Residential Cleanup Levels for Soil established by WAC 173-340- 740. Buyer further agreed to limit the uses of the property included within the Evergreen Expansion Project area to activities that are consistent with the requirements of the Interim Action Work Plan approved by WDOE for the property located within the Evergreen Expansion Project; and PURCHASE AND SALE AGREEMENT January 24, 2005 -1- WHEREAS, Buyer and Seller agree that the hazardous substances present on the Property are substantially similar in character and concentration to the hazardous substances that were and are present on the property comprising the Evergreen Expansion Project, such that the scope of the Interim Remedial Action previously performed by Buyer at the Evergreen Expansion Project could appropriately be applied to the remediation of hazardous substances on the Property, if the Property was subject to the same use restrictions as are applied to Evergreen Park; and WHEREAS, Seifer has expressed its concern to Buyer, that it can not give up possession, ownership and control of the Property due to its environmental condition, without some assurances and guarantees that the hazardous substances present on the Property are going to be remediated to the above-referenced Method "A" residential standards, or in the alternative that to less stringent standards permitted and approved by WDOE. Further, Seller has indicated to Buyer that assurances similar to those contained in the above-referenced Agreed Order relating to the Evergreen Expansion Project site, which provide that the uses of the property can not change if the risk of the public's exposure to harmful hazardous substances was increased, must also be provided before it will sell the Property to Buyer. TERMS AND CONDITIONS NOW THEREFORE, in consideration of the mutual covenants and agreements hereinafter set forth and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Property. Seller hereby agrees to sell and convey to Buyer, and Buyer hereby agrees to purchase from Seller, subject to the terms and conditions set forth herein, the real property as more particularly described on Exhibit "A" (the "Property"). 2. Consideration For Purchase. The Buyer shall provide the following consideration to Seller for the Property: a. The Buyer shall assume the "Assumed Responsibilities" as defined and on the terms and conditions set forth in Section 5, below. b. The Buyer shall pay Seller the sum of One Hundred Dollars ($100.00). 3. Environmental Contamination: The parties recognize that the Property is now the subject of a Department of Ecology action to address the presence of hazardous substances in groundwater and soil. The parties note that the nature and extent of the hazardous substances on the Property is set forth in the following reports (the "Reports"). A list of the Reports is attached hereto as Exhibit "B": PURCHASE AND SALE AGREEMENT January 24, 2005 -2- 4. Title to Property. Seller shall convey to Buyer at the Closing, as hereinafter defined, insurable fee simple title free and clear of all encumbrances except the Permitted Exceptions, as defined below, by execution and delivery of a Statutory Warranty Deed to the Property in a form acceptable to Buyer but which include a statement limiting the use of the Property to that of a City park (the "Deed"). Buyer understands and agrees that the remediation of the hazardous substances may require certain deed restrictions recorded against title to the Property. 4.1 Seller and Buyer shall share equally the cost of a standard form title insurance policy naming Buyer as the insured (the "Title Commitment") Seller shall cause to be furnished to Buyer legible true copies of all instruments referred to in the Title Commitment as restrictions or exceptions to title to the Property 4.2 Buyer may commission an AL T A survey of the Property at Buyer's sole expense. If Buyer elects to commission a survey, Buyer shall provide Seller a copy of the survey. In any event, the delivery of the survey shall not delay Closing. 4.3 Buyer shall have until thirty (30) days after execution of this Agreement by both parties, (the "Review Period") in which to notify Seller of any objections Buyer has to any matters shown or referred to in the Title Commitment or the Survey. Any exceptions or other items that are set forth in the Title Commitment or the Survey and to which Buyer does not object within the Review Period shall be deemed to be permitted exceptions (the "Permitted Exceptions"). With regard to items to which Buyer does object within the Review Period, Seller shall notify Buyer within ten (10) days after Seller receives Buyer's notice of objections of any exceptions to title which Seller is not able to remove or otherwise resolve, and Buyer may at Buyer's option either (i) waive its objections to such exceptions or (ii) terminate this Agreement without further to either party. Encumbrances, liens and exceptions found to be unacceptable to Buyer shall be discharged by Seller at least ten (10) days prior to Closing. 4.4 The Seller represents and warrants that there are no leases affecting the Property. 5. Environmental Responsibilities Assumed by Buyer. After the Closing Date (as defined below), Buyer shall be responsible for the following "Assumed Responsibilities" relating specifically to hazardous substances that are identified in the Reports and which (i) are located at, on and/or under the Property immediately prior to and after the Closing Date, and/or (ii) are located at, on and/or under Adjoining Properties immediately prior to and after the Closing Date that originated on the Property. The term "Adjoining Properties" shall mean the properties that share a common boundary with the Property. The Assumed Responsibilities are as follows: a. Compliance at, on and/or under the Property and/or Adjoining Properties with applicable soil, groundwater, and surface water cleanup levels promulgated under the Model Toxics Control Act or other applicable Environmental Regulations and relating to the hazardous substances described in this Section 5; PURCHASE AND SALE AGREEMENT January 24, 2005 -3- --- - --- - ~---- b. Compliance at, on and/or under the Property and/or Adjoining Properties with applicable sediment cleanup levels promulgated under the Sediment Management Standards or other applicable Environmental Regulations and relating to the hazardous substances described in this Section 5; c. Compliance with all other requirements of applicable Environmental Regulations and relating to the hazardous substances described in this Section 5; d. Claims by third parties relating to the costs incurred after the date of closing to investigate or remediate the hazardous substances described in this Section 5. The claims by third parties for expenses incurred before the Closing Date are specifically excluded from Assumed Responsibilities. The term "incurred" means to have actually expended funds or be legally obligated to pay for services provided. For example, if a consultant of a third party did work prior to and after closing then Seller would be obligated for the charges for work done prior to closing and Buyer would be obligated for charges for work performed after closing. e. Claims by third parties for damages suffered after the Date of Closing associated with hazardous substances described in this Section 5. The claims by third parties for damages suffered before the Closing Date are specifically excluded from Assumed Responsibilities incurred prior to the Closing Date; and/or f. Natural Resource Damages Claims or similar claims for damages suffered after the Closing Date asserted by any Native American Tribe, federal agency or state agency for contamination or degradation of natural resources relating to hazardous substances described in this Section 5. g. With regard to claims, it is the intention of the parties to divide responsibility for claims as of the date of closing. The parties recognize that some claims will be clearly pre- closing, some claims will be clearly post-closing and some claims will require allocation as between pre and post closing. h. Buyer specifically assumes the sole responsibility for the demolition and removal at its sole cost and expense of the dock facility and associated pilings and dolphins, located adjacent to the Property at Smith Cove and previously operated by Seller as an adjunct facility to its fuel distribution and storage operations conducted on the Property. I. Buyer specifically assumes the sole responsibility, as part of its future development and incorporation of the Property as part of Evergreen Park, to place "rip-rap" materials along the portion of the Property that is adjacent to Smith Cove to prevent and inhibit the future erosion and possible release of contamination into the water at Smith Cove. PURCHASE AND SALE AGREEMENT January 24, 2005 -4- 5.1 The definition of Assumed Responsibilities set forth in Section 5 is agreed to be complete, comprehensive and exhaustive. The parties agree that the Buyer shall not be deemed to have assumed additional responsibilities that are not expressly enumerated herein. The term "hazardous substances", as used in this paragraph 5, shall mean any substance heretofore or hereafter designated as hazardous under the Resource Conservation and Recovery Act, 42 U.S.C. Sec. 6901 et seq.; the Federal Water Pollution Control Act, 33 U.S.C. Sec. 1257 et seq.; the Clean Air Act, 42 U.S.C. Sec. 2001 et seq.; the Comprehensive Environmental Response Compensation and Liability Act of 1980, 42 U.S.C. Sec. 9601 et seq.; or the Hazardous Waste Cleanup-Model Toxic Control Act, RCW 70.1 05D all as amended and subject to all regulations promulgated there under. 5.2 Buyer shall forever, save, defend, hold harmless and indemnify the Seller, Seller's subsidiaries and affiliates, directors and employees, insurers and agents from: a. Any claims, demands, penalties, causes of action, attorney fees, consultant fees or other costs (the "Costs") arising from or related to the Assumed Responsibilities. b. Any third party claims or suits relating to the presence of hazardous substances on the Property and in sediments in Smith Cove. c. Any responsibility to comply with any requirements imposed by any government agency with jurisdiction over the Property, including WDOE, relating to hazardous substances. 6. Environmental Responsibilities Retained by Seller. Buyer's Assumed Responsibilities specifically exclude, and the Seller's "Retained Responsibilities" include, all environmental obligations, liabilities and responsibilities not expressly listed in Section 5, above, including without limitation the following potential claims and/or conditions: a. Requirements of applicable Environmental Regulations for investigation and/or cleanup of hazardous substances that may have come to be located elsewhere as the result of the past sale, transportation or disposal of said hazardous substances by Seller or anyone that acted on Seller's behalf. b. Claims by third parties relating to hazardous substances that have come to be located elsewhere by mechanisms including but not limited to the past sale, transportation or disposal of said hazardous substances by Seller or anyone that acted on Seller's behalf.. c. Any costs incurred by the Seller or its affiliates, parent companies, partners, consultants, representatives and agents relating to hazardous substances or the allegation of hazardous substances located at, on and/or under the Property and/or Adjoining Properties. d. Any claims or portions of claims by third parties relating to costs incurred prior to the Closing Date and relating to hazardous substances or the investigation thereof located at, on and/or under the Property and/or Adjoining Properties. e. The "hazardous substances", as used in this paragraph 6 shall mean any substance heretofore or hereafter designated as hazardous under the Resource Conservation and PURCHASE AND SALE AGREEMENT January 24, 2005 -5- Recovery Act, 42 U.S.C. Sec. 6901 et seQ.; the Federal Water Pollution Control Act, 33 U.S.C. Sec. 1257 et seq.; the Clean Air Act, 42 U.S.C. Sec. 2001 et seQ.; the Comprehensive Environmental Response Compensation and Liability Act of 1980, 42 U.S.C. Sec. 9601 et seQ.; or the Hazardous Waste Cleanup-Model Toxic Control Act, RCW 70.1050 all as amended and subject to all regulations promulgated thereunder. 6.1 Seller shall forever, save, defend and hold harmless the Buyer, its commissioners, employees, insurers and agents from any claims, demands, penalties, causes of action, attorney fees, consultant fees or other costs (the "Costs") arising from or related to the Retained Responsibilities. The Buyer shall promptly notify the Seller of any such Costs and thereafter reasonably cooperate with Seller in Seller's defense of any such Costs. 7. Inspection and Condition of Property. The Property has been carefully inspected by Buyer, and Buyer finds it acceptable for its intended uses as an addition to Evergreen Park. Except as may be otherwise provided herein (including without limitation the provisions included in Sections 5 and 6, above) and as contained in the Reports, Buyer hereby accepts the Property in the condition existing on the date it executes this Agreement and confirms that neither the Seller nor any agent or representative of the Seller has given or made any warranty or representation whatsoever concerning the physical condition thereof or its suitability for the uses or purposes to which the same may now or hereafter be placed. 8. Seller's Representations and Warranties. Seller represents and warrants to Buyer the following: 8.1 Seller represents and warrants that to the best of Seller's knowledge and belief the Reports when taken collectively accurately set forth the environmental condition of the Property and accurately set forth the presence of hazardous substances that are on, in, under, have migrated from, are migrating from, or in the soil and groundwater of the Property. The term "hazardous substances", as used herein, shall mean any substance heretofore or hereafter designated as hazardous under the Resource Conservation and Recovery Act, 42 U.S.C. Sec 6901 et seq.; the Federal Water Pollution Control Act, 33 U.S.C. Sec. 1257 et seq.; the Clean Air Act, 42 U.S.C. Sec. 2001 et seq.; the Comprehensive Environmental Response Compensation and Liability Act of 1980, 42 U.S.C. Sec. 9601 et seq.; or the Hazardous Waste Cleanup-Model Toxic Control Act, RCW 70.1050 all as amended and subject to all regulations promulgated thereunder. 8.2. Seller has delivered, or will deliver to Buyer within 2 days of execution of this Agreement; full and complete copies of (1) any existing surveys, geological reports, tests, and hazardous materials reports or investigations of the Property and (2) all government permits, licenses and approvals, any existing appraisals of the Property or any portions thereof, and any studies or other reports or information in the possession of Seller which pertain in any way whatsoever to the Property, including without limitation, the condition thereof and/or any present or potential development and/or use of the Property (all of which items in this clause being collectively, the "Development Documents"). 8.3 The condition of the Property for Buyer's contemplated use shall meet the approval of Buyer, in Buyer's sole discretion, to be determined by Buyer and approved or rejected on or before forty-five (45) days after the date of execution of this Agreement (the "Due Diligence PURCHASE AND SALE AGREEMENT January 24, 2005 I -6- I Period"). During the Due Diligence Period, Buyer, its designated representatives, attorneys and auditors or agents, shall have the right at Buyer's expense to (i) conduct an inspection of the Property; (ii) obtain further environmental assessments of the Property; (iii) examine all records and information in the possession Seller or any property manager or other agent of Seller pertaining to past, present or future construction, condition and operation of the Property (the "Records"), and (iv) make copies of the Records, at Buyer's own expense, during business hours and upon reasonable notice to Seller. 8.4 Buyer, its designated representatives or agents shall have the right upon reasonable notice and during reasonable hours to enter the Property and conduct environmental, structural and civil investigations of the Property. The inspection of the Property shall not physically damage the Property or unreasonably interfere with the usual operation of the Property by Seller. 8.5 If Buyer concludes that the Property fails to meet Buyer's standards in Buyer's sole discretion, Buyer may terminate this Agreement upon written notice to Seller on or before the expiration of the Due Diligence Period. If no notice is given by Buyer to Seller waiving or satisfying the contingencies in this Section prior to the end of the Due Diligence Period, Buyer will be deemed to have terminated this Agreement and neither party shall have any further obligation to the other hereunder. 8.6 From and after the date of execution hereof, unless this Agreement is terminated in accordance with its terms, Seller shall not, without the prior written consent of Buyer: (i) enter into any agreement, contract, commitment, lease or other transaction that affects the Property in any way; provided that Seller may enter into any service or maintenance contracts with terms expiring on or prior to the Closing Date, or (ii) sell, dispose of or encumber any portion of the Property. 8.7 There are no other contracts or agreements in force or effect for sale of all or any portion of the Property, and Seller agrees not to enter into any such contracts or agreements between the date hereof and Closing. 8.8 There is no action, suit, investigation or proceeding (administrative or otherwise) pending or threatened against or affecting the Property or any portion of it, the transactions contemplated hereby, or which might affect the right of Buyer to own, operate, develop or possess the Property or which might have a material effect on the business of the Property or result in any liability of Buyer with respect thereto. 8.9 There is no pending or threatened dispute or action concerning the boundaries of the Property as currently utilized by Seller. PURCHASE AND SALE AGREEMENT January 24, 2005 -7- 8.10 Except as previously disclosed, and identified and discussed in the Reports relating to the presence of hazardous substance both on and originating from the Property, Seller has no knowledge of any latent defects in the Property which would not be discovered in a normal non-invasive inspection of the Property or which has not been discussed in the Reports. 8.11 Seller's execution, delivery and consummation of this Agreement shall not result in any default or violation of any agreement or law by which Seller is bound or which will result in any lien, charge or encumbrance on the Property. 8.12 All persons and entities supplying labor, materials and equipment to the Property have been paid and there are no claims of liens or service contracts applicable to the Property. 8.13 The representations, warranties, hold harmless and indemnification contained herein are a material and negotiated part of the consideration provided by Seller to Buyer and were an inducement to Buyer to enter into this transaction. The representations, warranties, hold harmless and indemnification contained herein shall not merge into the deed or any other document provided to Buyer but, rather, shall survive the closing of the transaction contemplated herein and be and remain separate and enforceable beyond the closing. Seller shall indemnify, defend and hold Buyer harmless from and against any cause, claim, loss, damage or expense, including attorneys' fees, which Buyer suffers as a result of a breach of the representations, warranties and covenants contained in this Agreement. It is expressly agreed and understood that the effect of the representations and warranties made in this Agreement shall not be diminished or deemed to be waived by any inspections, tests, investigations, or discoveries made by Buyer or its agents. 9. Buyer's Authority. Buyer hereby represents and warrants that Buyer is a Washington municipal corporation duly organized, validly existing and in good standing under the laws of the State of Washington. Buyer has full right, power and authority to execute this Agreement. No other authorizations or approvals, whether of governmental bodies or otherwise, will be necessary in order for Buyer to enter into this Agreement. 10. Buyer Contingencies. Buyer's obligations under this Agreement are subject to satisfaction of the following conditions precedent: a. Buyer shall advise Seller in writing pursuant to Section 4.3 what exceptions to title, if any, will be accepted by Buyer. Only those exceptions approved in writing by Buyer shall constitute "Permitted Exceptions". If Seller shall fail to remove any such objectionable exceptions from title prior ten (10) days before the Closing Date, and Buyer is unwilling to take title subject thereto, Buyer shall have the right to terminate this Agreement without further obligation to either party. b. Seller's representations and warranties set forth herein shall be true, correct and complete as of the Closing and shall be deemed automatically reaffirmed on the Closing Date as true and correct. PURCHASE AND SALE AGREEMENT January 24, 2005 -8- c. The foregoing conditions contained in this Section 10 are intended solely for the benefit of Buyer. If any ofthe foregoing conditions are not satisfied, Buyer shall have the right, at its sole election, either to waive the condition in question and proceed with the purchase or, in the alternative, to terminate this Agreement, without further obligation to either party. 11. Escrow. Upon execution of this Agreement, the parties hereto shall deposit an executed counterpart of this Agreement with Trans Nation Title Insurance Company of Bremerton, Washington (the "Escrow Holder") and this Agreement shall serve as the instructions to Escrow Holder for consummation of the purchase and sale contemplated hereby. Seller and Buyer agree to execute such additional and supplemental escrow instructions as may be appropriate to enable the Escrow Holder to comply with the terms of this Agreement; provided, however, that in the event of any conflict between the provisions of this Agreement and any supplemental escrow instructions, the terms of this Agreement shall control. 12. Closing. The closing hereunder (the "Closing") shall be held and delivery of all items to be made at the Closing under the terms of this Agreement shall be made at the offices of Escrow Holder within ten (10) days of the satisfaction of all contingencies but in no event earlier than February 1, 2005, and no later than April 1 , 2005, or such other date as Buyer and Seller may mutually agree in writing. Such date may not be otherwise extended without the written approval of Seller and Buyer, except as otherwise provided in this Agreement. All documents shall be deemed delivered on the date the Deed is recorded. 12.1 In the event the Closing does not occur on or before the Closing Date, Escrow Holder shall, unless it is notified by both parties to the contrary, return to the depositor thereof items which may have been deposited hereunder. Any such return shall not, however, relieve either party hereto of any liability it may have for its wrongful failure to close. 13. Documents to be Delivered by Seller for Closing. On or prior to the Closing Date, Seller shall deposit with Escrow Holder, the following: a. The Deed duly executed and acknowledged by Seller, which includes use limitations restricting the use of the Property to that of a City park, together with a duly signed real estate excise tax affidavit; b. A standard owner's policy of title insurance with liability in the amount of $1,000,000.00, naming the Buyer as insured; c. Seller's portion of all costs and fees as provided for in Section 15. d. Any reconveyance documents required to eliminate of record any existing deeds of trust and other security instruments which are a lien on the Property; e. Such resolutions, authorizations, certificates, court orders or other documents or agreements relating to Seller, as shall be reasonably required in connection with this transaction; PURCHASE AND SALE AGREEMENT January 24, 2005 -9- f. Any other documents, instruments, data, records, correspondence or agreements called for hereunder which have not previously been delivered; g. Such other instruments as are reasonably required by Escrow Holder or otherwise required to close the escrow and consummate the purchase of the Property in accordance with the terms hereof; and, 14. Documents to be Delivered by Buyer for Closing. On or before the Closing Date, Buyer shall deposit with Escrow Holder the following: a. Any documents comprising a portion of the consideration, including an agreement relating to paragraph; b. The Buyer's portion of costs and fees as set forth in Section 15; c. Written approval of the Deed; d. Such resolutions, authorizations, certificates, court orders or other documents or agreements relating to Buyer, as shall be reasonably required in connection with this transaction; e. Any other documents, instruments, data, records, correspondence or agreements called for hereunder which have not previously been delivered; and f. Such other instruments as are reasonably required by Escrow Holder or otherwise required to close the escrow and consummate the purchase of the Property in accordance with the terms hereof; and g. Written substantiation from the WDOE that it has approved a remedial approach for the Property substantially similar to that approved for the Evergreen Expansion Project site, including the imposition of the requirement that the deed to the Property limit the use of the Property to that of a City park. 15. Prorations. All revenues and all expenses of the Property, including but not limited to, real property taxes, special assessments, rents, water, sewer and utility charges, amounts payable under the Agreement, annual permits and/or inspection fees (calculated on the basis of the respective periods covered thereby), and any other expenses normal to the ownership, use operation and maintenance of the Property shall be prorated as of 12:01 a.m. on the Closing Date. 16. Costs and Expenses Paid at Closing. The Buyer shall pay the cost of the premium for any standard or extended owner's policy of title insurance it may desire to secure, all applicable real estate excise taxes, and the cost of any other documentary or other transfer taxes applicable to the sale. The escrow fee and costs of recording shall be paid split equally by the parties. Each party shall bear its own attorneys' fees for negotiating and drafting this Agreement. PURCHASE AND SALE AGREEMENT January 24, 2005 -10- 17. Possession. Possession of the Property shall be delivered by Seller to Buyer on the Closing Date. 18. Default and Remedies. In the event of a material breach or default in or of this Agreement or any of the representations, warranties, terms, covenants, conditions or provisions hereof by Buyer or Seller, then the other party shall have, in addition to a claim for damages for such breach or default, and in addition to and without prejudice to any other right or remedy available under this Agreement or at law or equity, the right to (a) demand and have specific performance of this Agreement; or (b) terminate this Agreement upon written notice without liability to the other party. 19. Litigation. In the event either party hereto finds it necessary to bring an action against the other party to enforce any of the terms, covenants or conditions hereof or any instrument executed pursuant to this Agreement, or by reason of any breach or default hereunder or thereunder, the party prevailing in any such action or proceeding shall be paid all costs and reasonable attorneys' fees by the other party, and in the event any judgment is secured by such prevailing party all such costs and attorneys' fees shall be included in any such judgment. The reasonableness of such costs and attorneys' fees shall be determined by the court and not a jury. 20. Brokers and Finders. Each party represents to the other that no broker or finder has been involved in this transaction. In the event of a claim for broker's fee, finder's fee, commission or other similar compensation in connection herewith, the party that incurred such a fee or obligation shall be solely responsible for the payment thereof. 21. Notices. All notices, demands, requests, consents and approvals which may, or are required to be given by any party to any other party hereunder, shall be in writing and shall be deemed to have been duly given if delivered personally, sent by facsimile, sent by a nationally recognized overnight delivery service, or if mailed or deposited in the United States mail and sent by registered or certified mail, return receipt requested, postage prepaid to: Seller at: ChevronTexaco Business and Real Estate Services Real Estate Downstream Properties 2613 Camino Ramon, Bishop Ranch 3 San Ramon, CA 94583-4289 Attention: Mr. Charles Whiteneck Buyer at: City of Bremerton Attn: Mr. Gary Sexton-Office of Economic Development 239 4th Street Bremerton, WA 98337 With a copy to: Roger Lobovich City Attorney 239 4th Street Bremerton, WA 98337 PURCHASE AND SALE AGREEMENT January 24, 2005 -11- or to such other address as either party hereto may from time-to-time designate in writing and deliver in a like manner. All notices shall be deemed complete upon actual receipt or refusal to accept delivery. Facsimile transmission of any signed original document and retransmission of any signed facsimile transmission shall be the same as delivery of an original document. At the request of either party or the Escrow Holder, the parties will confirm facsimile transmitted signatures by signing an original document. If the last day of a period falls on a day on which the recording office of the county in which the Property is closed, the expiration of the period shall be extended to the first day thereafter in which any such recording office is open. 22. Amendment. No modification, termination or amendment of this Agreement may be made except by written agreement signed by all parties. 23. Waiver. No failure by Seller or Buyer to insist upon the strict performance of any covenant, duty agreement, or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute a waiver of any such breach or any other covenant, agreement, term or condition. Any party hereto, by notice, and only by notice as provided herein may, but shall be under no obligation to, waive any of its rights or any conditions to its obligations hereunder, or any duty, obligation or covenant of any other party hereto. No waiver shall affect or alter this Agreement, and each and every covenant, agreement, term and condition of this Agreement shall continue in full force and effect with respect to any other then existing or subsequent breach thereof. 24 Survival. All provisions of this Agreement which involve obligations, duties or rights and all representations, warranties and indemnifications made in or to be made pursuant to this Agreement shall survive the Closing Date and/or the recording of the Deed and separately enforceable as a contract. 25 Captions. The captions of this Agreement are for convenience and reference only and in no way define, limit, or describe the scope or intent of this Agreement. 26. Severability. In case anyone or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 27. Counterparts. This Agreement may be executed in any number of counterparts, and each such counterpart hereof shall be deemed to be an original instrument, but all such counterparts together shall constitute but one agreement. 28. Additional Acts. Except as otherwise provided herein, in addition to the acts and deeds recited herein and contemplated to be performed, executed and/or delivered by Seller or Buyer, Seller and Buyer hereby agree to perform, execute and/or deliver, or cause to be performed, executed and/or delivered, at the Closing any and all such further acts, deeds and assurances as Buyer or Seller, as the case may be, may reasonably require to (a) evidence and vest in the Buyer the ownership of and title to the Property, and (b) consummate the transactions contemplated hereunder. PURCHASE AND SALE AGREEMENT January 24, 2005 -12- 29. Neutral Authorship. Each of the provisions of this Agreement has been reviewed and negotiated, and represents the combined work product of both parties hereto. No presumption or other rules of construction which would interpret the provisions of this Agreement in favor of or against the party preparing the same shall be applicable in connection with the construction or interpretation of any of the provisions of this Agreement. 30. Governing Law. This Agreement and the right of the parties hereto shall be governed by and construed in accordance with the laws of the State of Washington and the parties agree that in any such action venue shall lie exclusively in Whatcom County, Washington. 31. Time of Performance. Time is specifically declared to be of the essence of this Agreement and of all acts required to be done and performed by the parties hereto. 32. Mutual Release. Except as specifically noted herein, the Buyer and the Seller do hereby forever release and discharge each other and each other's respective employees and agents from any and all claims each has against the other which (i) relate to the Property and (ii) which arise prior to the date of Closing. This release shall not extend to any claims under the terms and conditions of this Agreement. 33. Entire Agreement. The entire agreement between the parties hereto is contained in this Agreement; and this Agreement supersedes all of their previous understandings and agreements, written and oral, with respect to this transaction. Neither the Seller nor the Buyer shall be liable to the other for any representations made by any person concerning the Property or regarding the terms of this Agreement except to the extent that the same are expressed in this Agreement. This Agreement may be amended only by written instrument executed by the Seller and the Buyer subsequent to the date hereof, and approved by the City Council for the City of Bremerton. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. THIS AGREEMENT CONTAINS INDEMNIFICATION AND RELEASE PROVISONS. CITY OF BREMERTON CHEVRON U.S.A. INC. By: By: Title: Title: PURCHASE AND SALE AGREEMENT January 24, 2005 -13- Exhibit "A" That real property and existing improvements located on real property consisting of approximately 1.5 acres that is bordered by the Port of Washington Narrows on the east, the City of Bremerton sewage pump station property and Smith Cove on the north, Highland Avenue on the west, and residential property located to the south, and commonly known as 1310 Highland Avenue, Bremerton, Washington. PURCHASE AND SALE AGREEMENT January 24, 2005 -14- EXHIBIT "B" LIST OF ENVIRONMENTAL REPORTS CVX 100-1351, Chevron Bulk Terminal 1310 Highland Avenue, Bremerton, WA November 24, 2004 CVX File Bar Document Code Date Document Title Author _____________ ._mm 36751 10/19/1994 Groundwater Monitoring Report, July - September 1994 Groundwater Technologies 36751 6/22/1993 Groundwater Monitoring Report, April -June 1993 Groundwater Technologies 36751 4/26/1994 Groundwater Monitoring Report, January - March 1994 Groundwater Technologies 36751 6/16/1994 Groundwater Monitoring Report, April - June 1994 Groundwater Technologies 36751 2/8/1994 Groundwater Monitoring Report, October - December 1993 Groundwater Technologies 36751 3/14/1994 4th Quarter (10/1/93 to 12/31/93) Vapor Extraction System Monitoring Emcon Northwest, Inc. 36751 3/9/1994 2nd Quarter (4/1/94 to 6/30/93) Vapor Extraction System Monitoring Emcon Northwest, Inc. 36751 8/23/1994 Air Sparge Test Work Plan Groundwater Technologies 36751 7/19/1994 Bremerton Sparge Proposal Pacific Environmental Group 36751 7/26/1994 Scope of Work and Estimated Costs to Perform a SVE/AS Field Design Test Geraghty & Miller 36751 7/25/1994 Proposal to Provide Sparge Pilot Test Emcon Northwest, Inc. 36751 8/4/1994 2nd Quarter (4/1/94 to 6/30/94) Vapor Extraction System Monitoring Emcon Northwest, Inc. 36751 6/3/1994 1st Quarter (1/1/94 to 3/31/94) Vapor Extraction System Monitoring Emcon Northwest, Inc. 36751 6/16/1994 Groundwater Monitoring Report, April - June 1994 Groundwater Technologies 36751 7/25/1994 Proposal- Sparge Pilot Test Groundwater Technologies 36842 12/16/1991 Status Report Interim Remedial Action Vapor Extraction System Hart Crowser 36842 5/15/1989 Phase I - Remediation Services, Bremerton Bulk Plant Hart Crowser 36842 6/3/1992 Status Report Hart Crowser 36842 8/18/1992 Status Report Hart Crowser 36842 6/12/1990 Work Plan Additional Site Characterization Hart Crowser 36842 11/6/1989 Summary of Work Accomplished to Date and Pending Hart Crowser 20683 4/21/2003 Groundwater Monitoring and Sampling Report (3/7/03) Gettler-Ryan 20683 9/23/2002 Summary Appraisal Report The Eastman Company 20683 11/14/2002 Groundwater Monitoring and Sampling Report (9/30/02) Gettler-Ryan PURCHASE AND SALE AGREEMENT January 24, 2005 -15- ---- ------- 20683 8/9/2002 Site Reconnaissance Spearman Engineering PS 20683 4/20/2000 Groundwater Monitoring and Sampling Report (3/17& 18/00) Gettler-Ryan 42197 11/15/2001 Groundwater Monitoring and Sampling Report (9/27/01) Gettler-Ryan 42197 12/14/2000 Groundwater Monitoring and Sampling Report (10/6/00) Gettler-Ryan 42197 1/18/1996 Quarterly Monitoring and Sampling Activities, 12/6&7/95 Pacific Environmental Group 42197 10/31/1995 Quarterly Monitoring and Sampling Activities, 9/11/95 Pacific Environmental Group 42197 5/1/1995 Quarterly Monitoring and Sampling Activities, 3/16/95 Pacific Environmental Group 42197 11/9/1996 Quarterly Monitoring and Sampling Activities, 9/4/95 Pacific Environmental Group 42197 8/14/1996 Quarterly Monitoring and Sampling Activities, 6/5/96 Pacific Environmental Group 42197 4/24/1996 Quarterly Monitoring and Sampling Activities, 3/14/96 Pacific Environmental Group 42197 2/19/1997 Quarterly Monitoring and Sampling Activities, 12/23/96 Pacific Environmental Group 42197 6/4/1997 Quarterly Monitoring and Sampling Activities, 4/15/97 Pacific Environmental Group 42197 10/23/1997 Quarterly Monitoring and Sampling Activities, 9/15/97 Pacific Environmental Group, 42197 5/6/1998 Quarterly Monitoring and Sampling Activities, 3/18/98 Pacific Environmental Group 42197 1/27/1998 Quarterly Monitoring and Sampling Activities, 12/29/97 Pacific Environmental Group 42197 7/13/1995 Site Remediation Plans Groundwater Technologies 42197 8/18/1998 Quarterly Monitoring and Sampling Activities, 6/21/98 Pacific Environmental Group 42197 1/13/1995 Fourth Quarter (9/22-12/19/94) Vapor Extraction System Monitoring Emcon Northwest, Inc. 42197 10/13/1999 Groundwater Monitoring and Sampling Report (8/31/99) Gettler-Ryan 42197 4/23/1999 Semi-Annual 1999 Groundwater Monitoring and Sampling Report Gettler-Ryan 20642 11/6/1989 Summary of Work Accomplished to Date and Pending Hart Crowser 20642 2/7/1995 Report of Air Sparge Pilot Test Groundwater Technologies 20642 7/13/1993 Further Site Assessment Memorandum Hart Crowser 20643 9/29/1989 Project Status Report Hart Crowser 20643 Jul-91 Site Hazard Assessment Summary Report Parametrix & SAIC 20643 Nov-88 Report of Geotechnical Services Subsurface Contamination Study GeoEngineers 20643 12/26/2001 Discussion of Data from the Site Hazard Assessment and Summary Report Hart Crowser 20643 11,/6/1989 Summary of Work Accomplished to Date and Pending Hart Crowser 20643 12/16/1991 Status Report Interim Remedial Action Vapor Extraction System Hart Crowser 20643 4/14/1995 Status Report Hart Crowser 20643 5/22/1995 Air Sparge Remediation System Work Plan and Installation Proposal Groundwater Technologies 20643 11/17/1992 Status Report Hart Crowser PURCHASE AND SALE AGREEMENT January 24, 2005 -16- - - - -- - -- ------------ ~ 51\51\989 phase I, Remediation sel'liees, Bremerton Bul\< planl \-\art crowser 20643 pacitic En\lironmenta\ Group I enlal En"irOnmenlal Slle !>Ssessment . 20643 31\ 01\ 994 supp em . . /-. ( wot\< Plan and Engineering oeslgn Report, E~9onent Meney Re"leW 0(8\\, Inte"m c ,on 20643 l'l0",98 ptoposed lor Cil:'J 01 Bremenon . n state ot wasnington I 1 W "InglOn \0 CI\:'J 01 Breme on \-\art crowser 20643 91\ 01 \ 999 /-.greed Order bY Sla e 0 as I 20643 11241\989 /-.\\3Ch soil \tenting System oesign and cost proposa 20643 41211\992 Nlon\l11 SlalUS Re on ""*" ""," p,,,'"'' eo<! s'" "'.._ R-"" """,,,",,<100 .,,"OR1 .'ClING""""""""""""""'''''''''''? " PURC\-\/>'SC />.NO S{l..L€' />.GR€.€.tJ\€.Ni Januafj '2.4, 2005 A7~ DATE SUBMITTED: 3-2-05 BILL # OS - 07'1 AGENDA BILL CITY OF BREMERTON 16 CITY COUNCIL ............................................................................................ SUBJECT: Purchase & Sale Agreement Committee Meeting Date: 3-9-05 between the City ofBremerton and John COUNCIL MEETING Date: 3-16-05 Radovich LLC for the Sale ofBremerton Department: Econ Development City Hall Presenter: Gary Sexton Phone: 473-5282 SUMMARY: StafIis recommending that the City sell the old Bremerton City Hall located at 239 4th Street to John C. Radovich LLC. The terms include the purchase price of$930,000 with $50,000 paid as earnest money and the balance of$880,000 due October 1,2006 and held in the form of a non- interest bearing promissory note until such date. Closing will be on or before October 1, 2006. If the City does not vacate the building by October 1, 2006, the sale shall close and the City will pay a monthly rental sum of$6,200 and any actual utility charges for a maximum of four months. ATTACHMENTS: Purchase & Sale Agreement FISCAL IMPACTS (Include Budgeted Amount): APPROV ALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: FISCALIBUDGET: . CONSENT AGENDA D OPERATIONS: COUNCIL PRESIDENT: RECOMMENDED MOTION: Move to approve the Purchase & Sale Agreement between the City ofBremerton and John C. Radovich LLC for the sale of Bremerton City Hall for the sum of $930,000 and authorize the Mayor to execute the agreement in substantially the same form as presented. COUNCIL ACTION: D Approve D Deny D Table D Continue D No Action ------------- @ Copyright 1999 ffi~ Commercial Brokers Association All Rights Reserved CBA Form PS-1A (':~Y Purchase & Sale Agreement Rev, 9/03 vr~ , COMMERCIAL & INVESTMENT REAL ESTATE Page 1 of 1 PURCHASE & SALE AGREEMENT This has been prepared for submission to your attorney for review and approval prior to signing, No representation is made by licensee as to its sufficiency or tax consequences, Date: Fehrl1:!ry 17 , 200'1 The undersigned Buyer, John C.Radovich LLC , agrees to buy and Seller agrees to sell, on the following terms, the commercial real estate and all improvements thereon (collectively, the "Property") commonly known as Bremerton City Hall in the City of Bremerton , Kitsap County, Washington, legally described on attached Exhibit A. (Buyer and Seller authorize the Listing Agent or Selling Licensee to insert and/or correct, over their signatures, the legal description of the Property.) 1. PURCHASE PRICE. The total purchase price is Nine Hundred Thirty Thousand and 00/100 Dollars ($ 'no, 000. 00 ), including the eamest money, payable as follows (check only one): 0 All cash at closing, including the earnest money, with no financing contingency. 0 All cash at closing, including the earnest money, contingent on new financing under Section 4a below. 0 $ I % of the purchase price in cash at closing, including the earnest money, with the balance of the purchase price paid as follows (check one or both, as applicable): o Buyer's assumption of any underlying note and deed of trust, or real estate contract, under Section 4b below; o Buyer's delivery at closing of a promissory note for the balance of the purchase price, secured by a deed of trust encumbering the Property, as described in Section 4c below. ~ Other: R:!lanrp of $RRO,OOO 00 i~ nIlE> ()rf"nhpr 1, 1006 ~nc1 ~ill hp hplc1 in the form of a non-interest bearing promissory note. 2. EARNEST MONEY. Buyer agrees to deliver the earnest money $50.000.00 in the form of 0 Cash Cll Pers8Ral check 0 Promissory note 0 Other: If the earnest money is in the form of a promissory note, it shall ~ due no later than: 0 days after mutual acceptance. U Upon removal of the inspection contingencies in Section 5 below. 0 Other: The earnest money shall be held by o Selling Licensee :lQt Closing Agent. Buyer shall deliver the earnest money no later than: }Qt 1 days after mutual acceptance. 0 Upon removal of the inspection contingencies in Section 5 below. 0 Other: Selling Licensee may, however, transfer the earnest money to Closing Agent. If the earnest money is to be held by Selling Licensee and is over $10,000, it shall be deposited to: o Selling I Licensee's pooled trust account (with interest paid to the State Treasurer) )@ A separate interest bearing trust account in Selling Licensee's name. The interest, if any, shall be credited at closing to Buyer whose Social I Security or taxpayer ID Number is: Ql-19?9f\RR . If this sale fails to close, whoever is entitled to the earnest money is entitled to interest. Selling Licensee shall deposit any check to be held by Selling Licensee within 3 days after receipt or mutual acceptance, whichever occurs later. Buyer agrees to pay financing and purchase costs incurred by Buyer. If all or part of the earnest money is to be returned to Buyer and any such costs remain unpaid, Selling Licensee or Closing Agent may deduct and pay them thElrefrom. Unless otherwise provided in this Agreement, the earnest >Jot- ' ' r2. i A /"i C, -- Initials: BUYER; , / DATE:, . - / If~i./", S3JlR DATE: ~,. DATE: S3JlR DATE: , @ Copyright 1999 CBt' Commercial Brokers Association All Rights Reserved CBA Form PS-1A Purchase & Sale Agreement Rev, 9/03 Page 2 of 2 COMMERCIAL & INVESTMENT REAL ESTATE PURCHASE & SALE AGREEMENT (CONTINUED) money shall be applicable to the purchase price and shall be non-refundable except where a condition to Buyer's obligation under this Agreement is not satisfied through no fault of Buyer. 3. EXHIBITS AND ADDENDA. The following Exhibits and Addenda are made a part of this Agreement: Exhibit A - Legal Description 0 Earnest Money Promissory Note, CBA Form EMN 0 Promissory Note, LPB Form No. 28NCBA Form N1-A 0 Short Form Deed of Trust, LPB Form No. 20 0 Deed of Trust Rider, CBA Form DTR 0 Utility Charges Addendum, CBA Form UA 0 FIRPTA Certification, CBA Form 22E 0 Assignment and Assumption, CBA Form PS-AS 0 Addendum/Amendment, CBA Form PSA 0 Back-Up Addendum, CBA Form BU-A 0 Vacant Land Addendum, CBA Form VLA XIXI Other PDomissory Note drafted by Buyer 4. FINANCING. . . . fi cing, then Buyer's obligation to close is conditioned upon Buyer accepting a written commitment for Finan ,. . Buyer will not reject those terms of a commitment which provide for a loan amount of at least percent '-%) of the purchase price, interest not to exceed percent annum, a payment schedule calling for monthly payments amortized over not less than '-) years, and total placement fees and points not more than percent L-%) of the 10 amount. Buyer shall make immediate application for said commitment, pay required costs and make a good fait ffort to procure such financing. This Agreement shall terminate and Buyer shall receive a refund of the earnest mo unless Buyer gives Seller written notice that this condition is satisfied or waived on or before ) days (60 days, if not completed) following mutual acceptance of this Agreement. b. Assumption of Existing Finan g. If payment of the purchase price includes Buyer's assumption of a note and mortgage or deed of trust, or a r estate contract, Seller shall promptly deliver to Buyer a copy of the underlying debt instrument(s) to be assume and Buyer shall be deemed to have approved all of the terms of the debt instrument(s) unless Buyer gives notice 0 isapproval within five (5) days after receiving such instrument(s). If any of the debt instrument(s) requires the sent of a third party to the assumption by Buyer, then Buyer shall apply for such consent within seven (7 ays after receiving the debt instrument(s). Upon Buyer's h request, Seller shall assist Buyer by requesting the third rty's consent to the assumption on Buyer's behalf. This (1)./ Agreement shall terminate and Buyer shall receive a refu of the earnest money unless Buyer gives Seller . c.. written notice within (_) days (30 days, i t completed) of receiving the debt instrument(s) stating that such consent is available. Buyer shall pay any ass tion fees or other out-of-pocket expenses attributable to the assumption of the underlying indebtedness. c. Seller Financing. If Seller is financing a portion of the purchase pric promissory note and deed of trust, unless different forms are attached to this Agreement, Buyer shall execute a submit to the Closing Agent: (i) LPB Form No. 28A Promissory Note and the DUE ON SALE and COMMERCIAL OPERTY optional clauses in that form shall apply; (ii) UCC-1 Financing Statement covering the personal prop below; (iii) LPB Form No. 20 Short Form Deed of Trust; and (iv) CBA Form No. DTR ed of Trust Rider. The promissory note shall bear interest at the rate of % per annum, and shall be paya one): 0 monthly installments of interest only, 0 monthly installments of $ monthly installments of principal and interest in an amount sufficient to fully amortize the outst ing principal balance at the stated interest rate over years, 0 . Payments shall commence on the first day of the first mo closing and continuing on the same day of each succeeding month until (choose one): 0 m , Initials: ~ 18 ~ -- 83l.IR DATE: DATE: ,: - . -0.0 y DATE: 83l.IR DATE: @ Copyright 1999 CB.( Commercial Brokers Association All Rights Reseoved CBA Form PS-1A Purchase & Sale Agreement Rev, 9/03 Page 3 of 3 COMMERCIAL & INVESTMENT REAL ESTATE PURCHASE & SALE AGREEMENT (CONTINUED) , , , % per annum (18% or the maximum rate allowed by law, not filled in) during any period of Buyer's default. If Seller receives any monthl days (15 days if not filled in) after its due date, then a late payment o $ I % of the delinquent amount (5% of the delinquent amount if not fille a I be added to the scheduled payment. Buyer shall have days (5 days if not filled i ritten notice to cure a default before Seller may declare all outstanding sums to be immediate no payable. (Note to Buyer an the Property is currently used primarily for agricultural purposes, then a nonjudicial foreclo elture remedy is available to Seller only by using a real estate contract and is not available with a .) d. Section 1031 Like-Kind Exchange. If either Buyer or Seller intends for this transaction to be a part of a Section 1031 like-kind exchange, then the other party agrees to cooperate in the completion of the like-kind exchange so long as the cooperating party incurs no additional liability in doing so, and so long as any expenses (including attorneys fees and costs) incurred by the cooperating party that are related only to the exchange are paid or reimbursed to the cooperating party at or prior to closing. 5. INSPECTION CONTINGENCY. This Agreement shall terminate and Buyer shall receive a refund of the earnest money unless Buyer gives written notice to Seller within 170 days (20 days if not filled in) of mutual acceptance of this Agreement stating that Buyer is satisfied, in Buyer's reasonable discretion, concerning all aspects of the Property, including without limitation, its physical condition; the presence of or absence of any hazardous substances; the contracts and leases affecting the property; the potential financial performance of the Property; the availability of government permits and approvals; and the feasibility of the Property for Buyer's intended purpose. If such notice is timely given, the inspection contingencies stated in this Section 5 shall be deemed to be satisfied. a. Books, Records, Leases, Agreements. Seller shall make available for inspection by Buyer and its agents as soon as possible but no later than ten (10) days after mutual acceptance of this Agreement all documents available to Seller relating to the ownership, operation, renovation or development of the Property, including without limitation: statements for real estate taxes, assessments, and utilities; property management agreements, service contracts, and agreements with professionals or consultants entered into by the Seller or any predecessor in title to the Seller; leases of personal property or fixtures; leases or other agreements relating to occupancy of all or a portion of the Property and a schedule of tenants, rents, and deposits; plans, specifications, permits, applications, drawings, surveys, studies and maintenance records; and accounting records and audit reports. Buyer shall determine within the contingency period stated in the preceding introductory paragraph whether it wishes and is able to assume, as of closing, all of the foregoing leases, contracts, and agreements which have terms extending beyond closing. Buyer shall be solely responsible for obtaining any required consents to such assumption. Seller shall transfer the leases, contracts and agreements as provided in Section 17 of this Agreement. b. Access. Seller shall permit Buyer and its agents, at Buyer's sole expense and risk to enter the Property at reasonable times after legal notice to tenants, to conduct inspections concerning the Property and improvements, including without limitation, the structural condition of improvements, hazardous materials (Iiffiiteel te a PAsse I 91lEilit QRI:,'), pest infestation, soils conditions, sensitive areas, wetlands, or other matters affecting the feasibility of the Property for Buyer's intended use. Buyer shall schedule any entry onto the Property with Seller in advance. Buyer shall not perform any invasive testing or contact the tenants without obtaining the Seller's prior written consent, which shall not be unreasonably withheld. Buyer shall restore the Property and improvements to the I same condition they were in prior to inspection. Buyer agrees to indemnify and defend Seller from all liens, costs, claims, and expenses, including attorneys' and experts' fees, arising from or relating to entry onto or inspection of the Property by Buyer and its agents. This agreement to indemnify and defend Seller shall survive closing. Buyer may continue to enter the Property and interview tenants in accordance with the foregoing terms and conditions after removal or satisfaction of the inspection contingency only for the purpose of re-sale, leasing or to satisfy conditions of financing. 6. TITLE IN~ ~ /8 /'r'~~ ffi.lER DATE: Initials: BUYER: ' DA' -/ -(,/C' J DATE: ffi.l.ffi DATE: I @ Copyright 1999 CB~ Commercial Brokers Association All Rights ReseNed CBA Form PS-1A Purchase & Sale Agreement Rev. 9/03 Page 4 of 4 COMMERCIAL & INVESTMENT REAL ESTATE PURCHASE & SALE AGREEMENT (CONTINUED) a. Title Report. Seller authorizes Lender and Listing Agent, Selling Licensee or Closing Agent, at Seller's expense, to apply for and deliver to Buyer a 0 standard 1]1 extended (standard, if not completed) coverage owner's policy of title insurance. If an extended coverage owner's policy is specified, Buyer shall pay the increased costs associated with that policy including the excess premium over that charged for a standard coverage policy, and the cost of any survey required by the title insurer. The title report shall be issued by Transnation Title b. Permitted Exceptions. Buyer shall notify Seller of any objectionable matters in the title commitment or any supplemental report within ten (10) days after receipt of such commitment or supplement. This Agreement shall terminate and Buyer shall receive a refund of the earnest money, less any costs advanced or committed for Buyer, unless (a) within ten (10) days of Buyer's notice of such objections, Seller agrees to remove all objectionable provisions, or (b) within fifteen (15) days after Buyer's notice of such objections, Buyer notifies Seller in writing that it waives any objections which Seller does not agree to remove. The closing date shall be extended to the extent necessary to permit time for these notices. Those provisions not objected to or for which Buyer waived its objections shall be referred to collectively as the "Permitted Exceptions." The title policy shall contain no exceptions other than the General Exclusions and Exceptions common to such form of policy and the Permitted Exceptions. 7. CLOSING OF SALE. This sale shall be closed on or before Orrnnpr 1 J ?OOfi , ("closing") by Transnation Title ("Closing Agent"). Buyer and Seller will, immediately on demand, deposit with Closing Agent all instruments and monies required to complete the purchase in accordance with this Agreement. "Closing" shall be deemed to have occurred when all documents are recorded and the sale proceeds are available to Seller. Time is of the essence in the performance of this Agreement. 8. CLOSING COSTS. Seller shall pay the excise tax and premium for the owner's standard coverage title policy. Seller and Buyer shall each pay one-half of the escrow fees. Real and personal property taxes and assessments payable in the year of closing; rents on any existing tenancies; interest; mortgage reserves; utilities; and other operating expenses shall be pro-rated as of closing. Buyer shall pay all costs of financing including the premium for the lender's title policy. Security, cleaning, and any other unearned deposits on tenancies, and remaining mortgage or other reserves shall be assigned to Buyer at closing. The real estate commission is due on closing or upon Seller's default under this Agreement, whichever occurs first, and neither the amount nor due date thereof can be changed without Listing Agent's written consent. a. Unpaid Utility Charges. Buyer and SelleiKQ\l WAIVE 0 DO NOT WAIVE the right to have the Closing Agent disburse closing funds necessary to satisfy unpaid utility charges affecting the Property pursuant to RCW 60.80. If "do not waive" is checked, then attach CBA Form UA ("Utility Charges" Addendum). If neither box is checked, then the "do not waive" option applies. 9. POST.CLOSING ADJUSTMENTS, COLLECTIONS, AND PAYMENTS. After closing, Buyer and Seller shall reconcile the actual amount of revenues or liabilities upon receipt or payment thereof to the extent those items were prorated or credited at closing based upon estimates. Any bills or invoices received by Buyer after closing which relate to services rendered or goods delivered to the Seller or the Property prior to closing shall be paid by Seller upon presentation of such bill or invoice. At Buyer's option, Buyer may pay such bill or invoice and be reimbursed the amount paid plus interest at the rate of 12% per annum beginning fifteen (15) days from the date of Buyer's written demand to Seller for reimbursement until such reimbursement is made. Rents collected from each tenant after closing shall be applied first to rentals due most recently from such tenant for the period after closing, and the balance shall be applied for the benefit of Seller for delinquent rentals owed for a period prior to closing. The amounts applied for the benefit of Seller shall be turned over by Buyer to Seller promptly after receipt. 10. OPERATIONS PRIOR TO CLOSING. Prior to closing, Seller shall continue to operate the Property in the ordinary course of its business and maintain the Property in the same or better condition than as existing on the date of mutual acceptance of this Agreement, but shall not be required to repair material damage from casualty except as Q~ise provide in this Agreer~enl. Seller shall not enter into or modify existing rental agreements or ~ :7 /(), <...~ Initials: ~/" DATE:,?"., r;.- (-> ~. S3.l.ffi DATE: BLlYl; DA 1E' S3.l.ffi DATE: @ Copyright 1999 CHi' ) Commercial Brokers Association All Rights Reserved CBA Form PS-1A Purchase & Sale Agreement Rev. 9103 Page 5 of 5 COMMERCIAL & INVESTMENT REAL EST A TE PURCHASE & SALE AGREEMENT (CONTINUED) leases (except that Seller may modify or terminate residential rental agreements or leases in the ordinary course of its business), service contracts, or other agreements affecting the Property which have terms extending beyond closing without first obtaining Buyer's consent, which shall not be unreasonably withheld. 11. POSSESSION. Buyer shall be entitled to possession, subject to existing tenancies (if any), 0 on c10singD October 1, 2006 (on closing, if not completed). 12. SELLER'S REPRESENTATIONS AND WARRANTIES. Seller represents and warrants to Buyer that, to the best of Seller's knowledge, each of the following is true as of the date hereof and shall be true as of closing: (a) Seller is authorized to enter into the Agreement, to sell the Property, and to perform its obligations under the Agreement; (b) All books, records, leases, agreements and other items delivered to Buyer pursuant to this Agreement are accurate and complete; (c) The Property and the business conducted thereon comply with all applicable laws, regulations, codes and ordinances; (d) Seller has all certificates of occupancy, permits, and other governmental consents necessary to own and operate the Property for its current use; (e) There is no pending or threatened litigation which would adversely affect the Property or Buyer's ownership thereof after closing; (f) There are no covenants, conditions, restrictions, or contractual obligations of Seller which will adversely affect Buyer's ownership of the Property after closing or prevent Seller from performing its obligations under the Agreement, except as disclosed in the preliminary commitment for title insurance or as otherwise disclosed to Buyer in writing prior to the end of the inspecting contingency stated in Section 5 above; (g) There is no pending or threatened condemnation or similar proceedings affecting the Property, and except as otherwise disclosed in the preliminary commitment for title insurance as or otherwise disclosed to Buyer in writing prior to closing, the Property is not within the boundaries of any planned or authorized local improvement district; (h) Seller has paid (except to the extent prorated at closing) all local, state and federal taxes (other than real and personal property taxes and assessments described in Section 8 above) attributable to the period prior to closing which, if not paid, could constitute a lien on Property (including any personal property), or for which Buyer may be held liable after closing; and (i) Seller warrants that there are no pending or threatened notices of violation of building, zoning, or land use codes applicable to the Property; and 0) Seller is not aware of any concealed material defects in the Property except: Seller makes no representations or warranties regarding the Property other than those specified in this Agreement, Buyer otherwise takes the Property "AS IS," and Buyer shall otherwise rely on its own pre-closing inspections and investigations. 13. HAZARDOUS SUBSTANCES. Except as disclosed to or known by Buyer prior to the satisfaction or waiver of the I inspection contingency stated in Section 5 above, Seller represents and warrants to Buyer that, to the best of its knowledge: (i) there are no Hazardous Substances (as defined below) currently located in, on, or under the Property in a manner or quantity that presently violates any Environmental Law (as defined below); (ii) there are I no underground storage tanks located on the Property; and (iii) there is no pending or threatened investigation or remedial action by any governmental agency regarding the release of Hazardous Substances or the violation of I Environmental Law at the Property. As used herein, the term "Hazardous Substances" shall mean any substance or material now or hereafter defined or regulated as a hazardous substance, hazardous waste, toxic substance, I pollutant, or contaminant under any federal, state, or local law, regulation, or ordinance governing any substance that could cause actual or suspected harm to human health or the environment ("Environmental Law"). The term I "Hazardous Substances" specifically includes, but is not limited to, petroleum, petroleum by-products, and asbestos. 14. PERSONAL PROPERTY. I a. This sale includes all right, title and interest of Seller to the following tangible personal property:~ None 0 That portion of the personal property located on and used in connection with the Property, which Seller will itemize in an Addendum to be attached to this Agreement within ten (10) days of mutual acceptance (None, if not completed). The value assigned to the personal property shall be the amount agreed upon by the parties and, if they cannot agree, the County-assessed value jf available, and if not available, the fair market value determined by an appraiser selected by the Listing Agent and Selling Licensee. Seller warrants title to, but not the condition of, the personal property and shall convey it by bill of sale. Buyer shall pay any sales or use tax arising from the transfer of personal property. :;2 (l)- Initials: DATEi ;/'___ -~ .s $lffi DATE: B DATE: $lffi DATE: I @ Copyright 1999 rni' , Commercial Brokers Association AU Rights Reserved CBA Form PS-1A Purchase & Sale Agreement Rev. 9/03 Page 6 of 6 COMMERCIAL & INVESTMENT REAL ESTATE PURCHASE & SALE AGREEMENT (CONTINUED) b. In addition to the leases, contracts and agreements assumed by Buyer pursuant to Section 5a above, this sale includes all right, title and interest of Seller to the following intangible property now or hereafter existing with respect to the Property including without limitation: all rights-of-way, rights of ingress or egress or other interests in, on, or to, any land, highway, street, road, or avenue, open or proposed, in, on, or across, in front of, abutting or adjoining the Property; all rights to utilities serving the Property; all drawings, plans, specifica tions and other architectural or engineering work product; all governmental permits, certificates, licenses, authorizations and approvals; all utility, security and other deposits and reserve accounts made as security for the fulfillment of any of Seller's obligations; any name of or telephone numbers for the Property and related trademarks, service marks or trade dress; and guaranties, warranties or other assurances of performance received. 15. CONDEMNATION AND CASUALTY. Buyer may terminate this Agreement and obtain a refund of the earnest money, less any costs advanced or committed for Buyer, if improvements on the Property are destroyed or materially damaged by casualty before closing, or if condemnation proceedings are commenced against all or a portion of the Property before closing. 16. FJRPTA - TAX WITHHOLDING AT CLOSING. Closing Agent is instructed to prepare a certification (CBA or NWMLS Form 22E, or equivalent) that Seller is not a "foreign person" within the meaning of the Foreign Investment in Real Property Tax Act. Seller agrees to sign this certification. If Seller is a foreign person, and this transaction is not otherwise exempt from FIRPTA, Closing Agent is instructed to withhold and pay the required amount to the Internal Revenue Service. 17. CONVEYANCE. Title shall be conveyed by a Statutory Warranty Deed subject only to the Permitted Exceptions. If this Agreement is for conveyance of Seller's vendee's interest in a Real Estate Contract, the Statutory Warranty Deed shall include a contract vendee's assignment sufficient to convey after acquired title. At closing, Seller and Buyer shall execute and deliver to Closing Agent CBA Form No. PS-AS Assignment and Assumption Agreement transferring all leases, contracts and agreements assumed by Buyer pursuant to Section Sa and all intangible property transferred pursuant to Section 14b. 18. NOTICES AND COMPUTATION OF TIME. Unless otherwise specified, any notice required or permitted in, or related to, this Agreement (including revocations of offers and counteroffers) must be in writing. Notices to Seller must be signed by as least one Buyer and must be delivered to Seller and Listing Agent. A notice to Seller shall be deemed delivered only when received by Seller, Listing Agent, or the licensed office of Listing Agent. Notices to Buyer must be signed by at least one Seller and must be delivered to Buyer and Selling Licensee. A notice to Buyer shall be deemed delivered only when received by Buyer, Selling Licensee, or the licensed office of Selling Licensee. Selling Licensee and Listing Agent have no responsibility to advise of receipt of a notice beyond either phoning the party or causing a copy of the notice to be delivered to the party's address on this Agreement. Buyer and Seller must keep Selling Licensee and Listing Agent advised of their whereabouts to receive prompt notification of receipt of a notice. Unless otherwise specified in this Agreement, any period of time in this Agreement shall begin the day after the event starting the period and shall expire at 5:00 p.m. Pacific time of the last calendar day of the specified period of time, unless the last day is a Saturday, Sunday or legal holiday as defined in RCW 1.16.050, in which case the specified period of time shall expire on the next day that is not a Saturday, Sunday or legal holiday. Any specified period of five (5) days or less shall not include Saturdays, Sundays or legal holidays. 19. AGENCY DISCLOSURE. At the signing of this Agreement, Selling Licensee Nnnp (Insert names of Licensee and the Company name as licensed) represented N/A (Insert Seller, Buyer, both Seller and Buyer or Neither Seller nor Buyer) and the Listing Agent None (Insert names of Licensee and the Company name as licensed) /) /" Initials: ~ :;( '8 ,),- DATE: BUYER: A ' DA~"- I -c. . t:> S3lER BUYE DATE: S3lER DATE: @ Copyright 1999 CB~' Commercial Brokers Association All Rights Reserved CBA Form PS-1A Purchase & Sale Agreement Rev, 9/03 Page 7 of 7 COMMERCIAL & INVESTMENT REAL ESTATE PURCHASE & SALE AGREEMENT (CONTINUED) represented None (Insert Seller, Buyer, both Seller and Buyer or Neither Seller nor Buyer) If Selling Licensee and Listing Agent are different salespersons affiliated with the same Broker, then Seller and Buyer confirm their consent to Broker acting as a dual agent. If Selling Licensee and Listing Agent are the same person representing both parties, then Seller and Buyer confirm their consent to that person and his/her Broker acting as dual agents. If Selling Licensee, Listing Agent, or their Broker are dual agents, then Seller and Buyer consent to Selling Licensee, Listing Agent and their Broker being compensated based on a percentage of the purchase price or as otherwise disclosed on an attached addendum. Buyer and Seller confirm receipt of the pamphlet entitled "The Law of Real Estate Agency." 20. ASSIGNMENT. Buyer X1XI may a may not (may not, if not completed) assign this Agreement, or Buyer's rights hereunder, without Seller's prior written consent, unless provided otherwise herein. 21. DEFAULT AND ATTORNEY'S FEE. In the event Buyer fails, without legal excuse, to complete the purchase of the Property, then (check one): JeW that portion of the earnest money which does not exceed five percent (5%) of the purchase price shall be kept by Seller as liquidated damages (subject to Seller's obligation to pay certain costs or a commission, if any) as the sole and exclusive remedy available to Seller for such failure; or 0 Seller may, at its option, (a) keep as liquidated damages all of the earnest money (subject to Seller's obligation to pay certain costs or a commission, if any) as the sole and exclusive remedy available to Seller for such failure, (b) bring suit against Buyer for Seller's actual damages, (c) bring suit to specifically enforce this Agreement and recover any incidental damages, or (d) pursue any other rights or remedies available at law or equity. If Buyer or Seller institutes suit concerning this Agreement, the prevailing party is entitled to reasonable attorneys' fees and expenses. In the event of trial, the amount of the attorney's fee shall be fixed by the court. The venue of any suit shall be the county in which the Property is located, and this Agreement shall be governed by the laws of the state where the Property is located. 22. MISCELLANEOUS PROVISIONS. a. Complete Agreement. The Agreement and any addenda and exhibits to it state the entire understanding of Buyer and Seller regarding the sale of the Property. There are no verbal or written agreements which modify or affect the Agreement. b. No Merger. The terms of the Agreement shall not merge in the deed or other conveyance instrument transferring the Property to Buyer at closing. The terms of this Agreement shall survive closing. c. Counterpart Signatures. The Agreement may be signed in counterpart, each signed counterpart shall be deemed an original, and all counterparts together shall constitute one and the same agreement. d. Facsimile Transmission. Facsimile transmission of any signed original document, and retransmission of any signed facsimile transmission, shall be the same as delivery of an original. At the request of either party, or Closing Agent, the parties will confirm facsimile transmitted signatures by signing an original document. 23. ACCEPTANCE; COUNTEROFFERS. Seller has until midnight of March 31, 2005 / , (if not filled in, the third business day following the last Buyer signature date below) to a cept is offer, unless sooner withdrawn. If this offer is not timely accepted, it shall lapse and the earnest money shall be refunded to Buyer. If either party makes a future counteroffer, the other party shall have until 5:00 p.m. on the FnllrJ-n business day (if not filled in, the second business day) following its receipt to accept the counteroffer, unless sooner withdrawn. If the counteroffer is not timely accepted or countered, this Agreement shall lapse and the earnest money shall be refunded to the Buyer. No acceptance, offer or counteroffer from the Buyer is effective until a signed copy is received by the Seller, the Listing Agent or the licensed office of the Listing Agent. No acceptance, offer or counteroffer from the Seller is effective until a signed copy is received by the Buyer, th elling Licensee or the licensed office of the Selling Licensee. Initials: DATE: :2 ~ ~') 8' -C\5SlliR DATE: DATE: s:Il..ER DATE: @ Copyright 1999 ~ Commercial Brokers Association All Rights Reserved CBA Form PS-1A Purchase & Sale Agreement Rev. 9/03 Page 8 of 8 COMMERCIAL & INVESTMENT REAL ESTATE PURCHASE & SALE AGREEMENT (CONTINUED) 24. INFORMATION TRANSFER. In the event this Agreement is terminated, Buyer agrees to deliver to Seller within ten (10) days of Seller's written request copies of all materials received from Seller and any plans, studies, reports, inspections, appraisals, surveys, drawings, permits, application or other development work product relating to the Property in Buyer's possession or control as of the date this Agreement is terminated. 25. CONFIDENTIALITY. Until and unless closing has been consummated, Buyer will treat all information obtained in connection with the negotiation and performance of this Agreement as confidential (except for any information that Buyer is required by law to disclose and then only after giving Seller written notice at least three (3) days prior to the disclosure) and will not use or knowingly permit the use of any confidential information in any manner detrimental to Seller. 26. SELLER'S ACCEPTANCE AND BROKERAGE AGREEMENT. Seller agrees to sell the Property on the terms and conditions herein, and further agrees to pay a commission in a total amount computed in accordance with the listing agreement. If there is no written listing agreement, Seller agrees to pay a commission of ~% of the sales price or $ N / A . The commission shall be apportioned between Listing Agent and Selling Licensee as specified in the listing agreement or any co-brokerage agreement. Seller assigns to Listing Agent and Selling Licensee a portion of the sales proceeds equal to the commission. If the earnest money is retained as liquidated damages, any costs advanced or committed by Listing Agent or Selling Licensee for Buyer or Seller shall be reimbursed or paid therefrom, and the balance shall be paid one-half to Seller and one-half to Listing Agent and Selling Licensee according to the listing agreement and any co-brokerage agreement. In any action by Listing Agent or Selling Licensee to enforce this Section, the prevailing party is entitled to reasonable attorneys' fees and expenses. Neither Listing Agent nor Selling Licensee are receiving compensation from more than one party to this transaction unless disclosed on an attached addendum, in which case Buyer and Seller consent to such compensation. The Property described in attached Exhibit A, is commercial real estate. Notwithstanding Section 26 above, the pages containing this section, the parties' signatures and an attachment describing the Property may be recorded. No WRITING TO BUYER OR SELLER, THE SELLING LICENSEE, LISTING AGENT, AND HAVE NOT MADE ANY REPRESENTATIONS OR WARRANTIES CONCERNING EFFECT OF THIS AGREEMENT, BUYER'S OR SELLER'S FINANCIAL SIBE , OR THE PROPERTY, INCLUDING WITHOU~ LIMITATION, THE PROPERTY'S ZONIN lANCE WITH APPLICABLE LAWS (INCLUDING LAWS . L REGARDING ACCESSISI DISABLED PERSONS), OR HAZARDOUS MATERIALS. SELLER AND .' BUYER A VISED TO SEEK INDEPENDENT LEGAL AND TAX ADVICE ON THESE AND OTHER I ~;Ji?- Y' . ~ / -/1 '-:: Initials: BUYER: ~ DATE: ( " - ~ S3.LIR DATE: BUYER: DATE: S3.LIR DATE: I I I I I I I Addendum to Purchase and Sale Agreement The following is part of the Purchase and Sale Agreement dated February 17, .2005 (the "Agreement") by and between John C. Radovich LLC ("Buyer") and The City of Bremerton ("Seller") concerning property in Kitsap County, The Bremerton City Hall. I References in this Addendum to the Agreement shall refer to the Agreement as modified I by the terms of this Addendum unless the consent requires otherwise. To the extent the terms of this Addendum are inconsistent with the other terms of the Agreement, the terms I I in this Addendum shall have the same meaning as defined in the Agreement. I I 1. Responsibility of Operational Costs. Buyer will not be responsible for any I operating expenses associated with The Bremerton City Hall until possession has been granted by Seller, scheduled to be October 1,2006. Seller will continue to pay all operating costs prior to said Possession Date, expenses will include but not be limited to; real estate taxes, insurance, all utilities including heating & air- conditioning, common area maintenance and janitorial service. 2. Date of Closing and Possession. If Seller should vacate the premises prior to October 1, 2006, Buyer shall have the right, but not the obligation, to close any date after The City of Bremerton has vacated the building. If the City has not vacated the property by October 1, 2006, the sale shall close and the City shall pay monthly rental in the sum of $6,200.00 and any actual utility charges. In any event, the continued tenancy shall not exceed four (4) months. BUYER: SELLER: The City of Bremerton By: Its: I I @ Copyright 1999 CB~ Commercial Brokers Association All Rights Reserved CBA Form PS-1A Purchase & Sale Agreement Rev. 9/03 Page 9 of g COMMERCIAL & INVESTMENT REAL ESTATE PURCHASE & SALE AGREEMENT (CONTINUED) Buyer Date . Buyer Date , Office Phone ?Of.-7f.7-f.Of.O Fax No. 70fi-7fi7-fiOfi1 Home Phone 206-232-55313- Print Buyer's Name John C. Radovich LLC Buyer's Address 2835 82nd Avenue SE. Mercer Island, WA 98040 Selling Office N/A Office Phone N/A Other Phone N/A Fax No. N/A Address N/A MLS Office No. By N/A Print Name N/A Seller Date , Seller Date , Home Phone N/A Office Phone360-473-5282 Fax No. 360-473-5850 Print Seller's Name City of Bremerton Seller's Address 232 Washington, Bremerton, WA 98337 Listing Office N/A Office Phone No. N I A Other Phone N/A Fax No. N/A Address N/A MLS Office No. N/A 28. BUYER'S RECEIPT. Buyer acknowledges receipt of a Seller signed copy of this Agreement, on '- BUYER BUYER Initials: ~ ~ :G'-tlS;;;;; DATE: BUYER . /------- DAn;;,...< ~ /. .. ffi1.fR BUYER DATE: $l.ER DATE: 02/28/05 15:47 FAX @OO2l004 PROMISSORY NOTE , $ &--8'01 000. 00 'fd-I?; ;1005 6 r"ev1A.~rhJ y\. WA Principal Date City State I I Tolwt t:.. ~OiJ'clA LL-C-, I FOR VALUE RECEIVED. I , hereinafter I f'_i+j O-t ~(' e v1A. -ev' -f-rrvt ) I "Maker" promises to pay to I I hereinafter "Holder" or order at I . I or other such place as may be ~esignated by the Holder from time to time, the principal sum of C:t) Ai- /Iv J"kI;d i Elj1.7 TAD u <!.C.U\t1 . doll~S (~ ~ O()(). 00 ), with interest thereon from ~ day of . _, OIl the unpllld pnllClpal at the rate of .:zero percent ( () %) per annum as follows: 1. INSTALLMENT PAYMENTS: Maker shall pay, (check one) I. (X) NO INSTALLMENTS. No installment payments are required. b. ( ) PRINCIPAL llDd INTEREST INSTALLMENTS of dollars ($ ). Co ( ) INTEREST ONLY PAYMENTS on the outstanding principal balance. I (Tlte foilowing mmt be completed if ''b'' OT "e" is checked) I The installment payments shall begin on the _ day of , --J and shall I continue on the _ day of each succeeding: (cheek one) ( ) calendar month ( ) sixth calendar mouth ( ) other: ( ) third calendar month ( ) twelfth calendar month 2. DUE DATE: The entire bal~ of this NO~ther with any and all interest accrued thereon shall be due and payable in full onL-dayof a rb,er '~<P . 3. DEFAULT INTEREST: After maturity, or failure to make any paymCJ;1t, any unpaid principal shall accrue interest at the rate of 0 perclll1t ~%) per annum (18% ifnot filled in) OR the maximum rate allowed by law, whichever is less, during suell period of Maker's default under this Note. 4. ALLOCATION OF PAYMENTS: Each payment shall be credited first to any late charge due, second to interest, and the remainder to principal. 5. PREPAYMENT: Maker may prepay all or part of the balance owed under this Note at any time without penlllty. 6. CURRENCY: All principal and interest paymeo.ts shall be made in lawful money oftlte United States. 7. LATE CHARGE: If Holder receives any installmeo.t payment more than days (15 days if not filled in) after its due date, then a late payment charge of .$ , or percent ( %) ofthemstallmlll1tpaymcnt (50/. of the installment payment ifneither is filled in) shall be added to the, scheduled payment. LPB-28A 10/20/99 Page I of3 02128/05 15:48 FAX IaJ 003/004 8. DUE ON SALE: (OPTIONAL-Not applicable unless initialed by Holder and Maker to thiJl Note) If this Note is sGtUred. by a Deed of Trusl or' any otha instrument securing repayment of this Note, the prOperty described ill such security instruments may not be sold or transferred without the Holder's consent. Upon breach of this provision, Holder may declare all sums due under this Note inunediately due and payable, unless P,Iohibited by applicable law. Maker (Initials) Holder (Initials) 9. ACCELERATION: If Maker fails to make any payment owed unda this Note, or if Maker defaults under any Deed ofTTUst or any otba instruments securing repayment of this Note, and such default is not cored within days (30 days if not filled in) after written notice of such default. then Holder may, at its option, declare all outstanding sums owed on this Note to be inunediately due and payable, in addition to any other rights or remedies that Holder may have under the Deed of Trust or other instruments securing repayment of this Note. 10. ATTORNEYS' FEES AND COSTS: Maker shall pay all costs incurred by Holder in collecting sums due nnder this Note after a default, including reasonable attorneys' fees, whether or not suit is brought. If Maker or Holder sues to enforce this Note or obtain a declaration of its rights haennder, the prevailing party in any such proceeding shall be entitled to recover it;; reasonable attorneys' fees and costs incurred. in the proceeding (including those incurred in any bankruptcy proceeding or appeal) from the non- prevailing party. 11. WAIVER OF PRESENTMENTS: Maker waives presentment fur payMent, notice of dishoiJor, protest and noti~e of protest: 12. NON-WAIVER: No failure or delay by Holder in exercising Holder's rights under this Note shall be a waiver of such rights. 13. SEVERABll,lTY: If any clause or any other portion of this Note shall be determined to be void or unenforceable for any reason, such detemrination shall not affect the validity or enforceability of any other clause or portion of this Note, all of which shall remain in full furce and effect. 14. INTEGRATION: There are no verbal or other agreements which modily or affect the teuns oflhis Nate. This Note maynot be modified or amended except by written agreement signed by Maker and Holder. 15. CONFLICTING TERMS: In lhe event of any conflict between the terms of this Note and the teuns of . any Deed ofTrus! or other instruments securing payment of this Note, the terms of this Note shall prevail. 16. EXECUTION: Each Maker executes this Note as a principal and not as a surety. If there is more than one Maker, each such Maker shall be jointly and severally liable under this Note. 17. COMMERCIAL PROPERTY: (OP110NAL-Not applicable unless initialed by Holder aud Maker to tltis Note) Maker represents and warrants to Holder that the sums represented by this Note are being used for business, investment or commercial purposes, and not fur personal, family or household purposes, Maker (Initials) Holder (Initials) ORAL AGREEMENTS: ORA,L AGREEMENTS OR ORAL COMMITMENTS TO LOAN MONEY, TO EXTEND CREDIT, OR TO FOREBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE NOT ENFORCEABLE UNDER WASHINGTON LAW. 18. DEFINITIONS: .'The word Maker shall be construed. interchangeably with the words Borrower or Payer and the word Holder shall be construed interchangeably with the words Leoda or Payee. In this Note, singular and plural words shall be construed interchangeably as may be appropriate in the context and circumstances to which such words apply. 19. ADDITIONAL TERMS AND CONDITIONS: (check one) a. ( ) NONE OR b. ( ) As set forth on the attached "Exhibit A" which is incorporated by tbis reference. (Note: If neither a or b is checked, then option "a" applies) LPB-28A 10120(99 -~ 1 02/28/05 15:49 FAX @004/004 Page Z of3 :W. TillS NOTE IS SECURED BY ( ') DEED OF TRUST, ( ) MORTGAGE, ( ) OF EVEN DATE. Maker (signatures) Maker's address for all notices given by Holder under this Note: DO NOT DESTROY THIS NOTE WHEN PAID this original Note together with the Deed of Trust securing the Same, must be surrendered to the Trustee for cancellation and retention before any reconveyance can be pracessed. i i LPB-28A 10/20/99 Page 3 00 ------ ---------- DATE SUBMITTED: March 1,2005 BILL # OS-07S" AGENDA BILL CITY OF BREMERTON lC CITY COUNCIL ........................................................................................ iJo.4G.'3fD SUBJECT: Ordinance creatmg BMC Committee Meeting Date: March 9,2005 Chapter 2.32 entitled "Gold Mountain COUNCIL MEETING Date: March 16, 2005 Complex Board of Directors" Department: City Attorney's Office Presenter: Roger A. Lubovich Phone: 473-2345 SUMMARY: The current provisions ofthe Bremerton Municipal Code do not provide for a Gold Mountain Complex Board of Directors. The proposed ordinance creates a new chapter in the Bremerton Municipal Code, which formally establishes and provides for membership in the Gold Mountain Complex Board of Directors. ATTACHMENTS: Proposed Ordinance No. 4-li '3 ~ FISCAL IMP ACTS (Include Budgeted Amount): /\ APPROVALS: I - DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: FISCAL/BUDGET: ,~L~ ,~. CONSENT AGENDA D OPERATIONS: ~~ '.~ COUNCIL PRESIDENT: --p~ 4?'l------- RECOMMENDED MOTION: I move to pass Ordinance No. Aq '3 (p creating BMC Chapter 2.32, which formally establishes a Gold Mountain Complex Board of Directors. COUNCIL ACTION: D Approve D Deny D Table D Continue D No Action ----~ ORDINANCE NO. ~ AN ORDINANCE of the City Council of the City of Bremerton, Washington, creating a new chapter of the Bremerton Municipal Code, Chapter 2.32 entitled Gold Mountain Golf Complex Board of Directors. WHEREAS, the current provisions of the Bremerton Municipal Code do not provide for a Gold Mountain Golf Complex Board of Directors; and WHEREAS, the City Council desires to update the Bremerton Municipal Code to formally establish and provide for membership in the Gold Mountain Golf Complex Board; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 2.32 of the Bremerton Municipal Code entitled "Gold Mountain Golf Complex Board of Directors" is created to read as follows: Chapter 2.32 GOLD MOUNTAIN GOLF COMPLEX BOARD OF DIRECTORS 2.32.010 ESTABLISHED. There is established a Gold Mountain Golf Complex Board of Directors, hereinafter referred to as "Board," which shall act as an advisory body to the Director of Parks and Recreation, Mayor, and City Council. 2.32.020 MEMBERSHIP AND TERMS OF OFFICE. (a) The Board shall consist often (10) members with six (6) voting members and four (4) ex-officio, non-voting members as follows: (1) Two Council Members appointed by the Council President; (2) The Director of Parks and Recreation; (3) The Director of Public Works and Utilities; (4) The Director of Financial Services; (5) The City Forestry Manager; (6) The Golf Contract Administrator (ex-officio, non-voting); (7) The two Golf Professionals (ex-officio, non-voting); and (8) The Greens Superintendent (ex-officio, non-voting). (b) The Board Members shall remain seated until resignation or until removed by the City Council. Members of the Board serve at the pleasure of the City Council and may be removed by the City Council at any time. 1 Gold Mountain Golf Complex Board of Directors I I (c) The positioris assigned and the number of members constituting the Board membership as set forth herein may be re reassigned and re-constituted by the City Council at any time without further amendment to this chapter. 2.32.030 SALARIES AND PERSONAL EXPENSES. The members of the Board shall receive no salaries or other remuneration for their services in such capacity, but shall be entitled to reimbursement of expenses incurred by them in the discharge oftheir official duties as may be authorized by city policy. 2.32.040 MEETINGS. The Board shall establish a regular meeting day and time for its board meetings. The Director of Parks and Recreation, or his or her designee, shall serve as Chair of the Board. A majority of the full membership shall constitute a quorum for conducting business. Any action to be taken by the Board shall require the concurrence of a simple majority of the members of the Board qualified to vote. 2.32.050 DUTIES AND RESPONSIBILITIES. The Board shall have the following duties and responsibilities: (a) To set administrative policies and rules for the operation of the Gold Mountain Golf Complex; (b) Recommend fee structures and annual budget to the City Council for approval; and (c) Submit reports to the City Council as requested by the Council regarding all activities of the Board; 2.32.060 RULES AND PROCEDURES. The Board may establish rules and procedures for conducting business. SECTION 2. Severability. If anyone or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 3. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. APPROVED by the City Council the day of ,2005 PASSED by the City Council the day of ,2005 I Council President I I 2 Gold Mountain Golf Complex Board of Directors I Approved this day of , 2005 CARY BOZEMAN, Mayor ATTEST: APPROVED AS TO FORM: PAULA JOHNSTON, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the day of ,2005 EFFECTIVE the day of , 2005 ORDINANCE NO. R:\LEGAL\Ordinances\Parks\BMC 2.32 Gold Mountain Board of Directors.2.doc 3 Gold Mountain Golf Complex Board of Directors --. DATE SUBMITTED: 2-16-05 BILL # t>S- 076 AGENDA BILL CITY OF BREMERTON 1) CITY COUNCIL ..................AJO:.~.q:34C.........................................................., SUBJECT: Ordinance repealing and Committee Meeting Date: -223 05 3 - 9-os- replacing Chapters 2.76 and 2.79 with New COUNCIL MEETING Date: -3 2 05 3-/6-0S- Chapter 2.76 of Bremerton Municipal Code Department: City Attorney's Office entitled Procurement and Disposal Code Presenter: Roger A. Lubovich Phone: 473-2345 SUMMARY: The current provisions of Chapter 2.76 relating to purchasing procedures often result in inefficient purchasing of goods and services such as delays in purchasing and the inability to take advantage of discounted products and unique purchases. It is recommended that Chapter 2.76 be repealed and replaced with a new chapter providing updated purchasing procedures for more efficient purchasing practices. Also, it is recommended that Chapter 2.79 relating to the disposal of property be repealed with new disposal provisions incorporated into the new Chapter 2.76 entitled Procurement and Disposal Code. ATTACHMENTS: Ordinance and Memo from Director of Financial Services 1\10.4-'(34 FISCAL IMPACTS (Include Budgeted Amount): Possible cost savings resulting from more efficient purchasing practices. APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: ~ FINANCE DIRECTOR: MAYOR: FIS CAUBUD GET: J1f~ ~? : __ CONSENT AGENDA;q:: OPERATIONS: ~-td :'~.;w , No COUNCIL PRESIDENT: y~ ( -'1../----- r RECOMMENDED MOTION: l Move to pass Ordinance No. ~ repealing and replacing Chapters 2.76 and 2.79 of the Bremerton Municipal Code with a new Chapter 2.76 entitled Procurement and Disposal Code. COUNCIL ACTION: D Approve D Deny D Table D Continue o No Action ------------- , , m ~ . '.. ,;,:'~ '{':::~/ Memorandum To: Fiscal & Budget Committee Members From: Laura Lyon, Director of Financial Services Re: Proposed ordinance revising and updating the City's procedures for purchase of materials, supplies, equipment or services or the lease or rental of equipment and for the disposal of property Date: February 15, 2005 Roger Lubovich has developed an ordinance which repeals and replaces the existing Chapter 2.76 of the BMC entitled "Purchasing Procedures" and Chapter 2.79 entitled "Personal Property Disposal". The intent of the proposed changes is to simplify and consolidate these two policies. He has worked with myself, Cathy Johnson, and Bill Eley to ensure that the policy is not only legally sufficient, but works administratively as well. This is scheduled for Council review on February 23rd and this memo is intended to provide you some background and a summation of the significant items/changes that this proposed action involves. The following are the main elements of the proposed changes: . Best bid is defined to mean "best value to and in the best interests of the city when considering items such as price, available discounts, the product or service purchased including any alterations or modifications thereto, shipping, time of delivery, warranty and other terms of purchase, and any other factors relevant to the purchase. Best bid does not necessarily mean lowest price." This provides greater flexibility in determining the best value for the City by allowing additional factors beyond price to be considered. . Items that are specifically required to be handled in accordance with existing state law are incorporated by reference to the RCWs. An example of this is Public Works contracts which is to be entered into pursuant to RCW 35.22.620 as currently enacted and as hereinafter amended. This simplifies the City code and eliminates the need to amend City Code (often frequently to stay current) to reflect changes to the state requirements. . The procedures for bid requests are stratified into 3 categories of materiality and resulting formality requirements. The first tier is for purchases of $10,000 or less which are very informal and permissive of direct negotiation. The next tier is for purchases over $10,000 but less than $25,000 and requires soliciting, obtaining, and documenting bids by telephone and/or written bids from at least three sources (unless three sources are not available - upon such event documentation of this is required). The final materiality tier is for purchases of $25,000 or greater which requires written bids to at least three sources or advertised bids utilizing newpapers of general circulation etc. . All things being equal, there is a preference to purchase from a local supplier. Local supplier is defined to mean having an office or facility located in Kitsap County and doing business in the county. . Contract approval for the Mayor/Directors is increased from the current $20,000 to $25,000. The idea here is to match the trigger amount ($25,000) that requires more formal processes for the bid procedures as well as Council approval requirements in the hope that City staff will more readily recognize when they need to attend to more formal processes and seek additional approval. This break point of $25,000 is also incorporated into the property disposal section - requiring approval and more formal processes for items of $25,000 or more. . The existing approval authorities and limits for change orders are retained in this ordinance - this was not changed from the current policy. These are the significant changes or items of note that I would call your attention to. My staff and I appreciated the opportunity to work with Roger on the development of these proposed changes and feel they achieve the intended purpose of streamlining the policies and providing greater clarity. Cc: Roger Lubovich Cathy Johnson Bill Eley ORDINANCE NO. 4g 3L{ AN ORDINANCE of the City Council of the City of Bremerton, Washington, repealing and replacing Chapter 2.76 of the Bremerton Municipal Code entitled "Purchasing Procedures" and Chapter 2.79 entitled "Personal Property Disposal" with a new Chapter 2.76 entitled "Procurement and Disposal Code" relating to updated procedures for the purchase of materials, supplies, equipment or services or the lease or rental of equipment and for the disposal of property. WHEREAS, the current provisions of Chapter 2.76 of the Bremerton Municipal Code relating to purchasing procedures often results in inefficient purchasing of goods and services such as delays in purchasing and the inability to take advantage of discounted products and unique purchases; and WHEREAS, the City Council desires to update the provisions of Chapter 2.76 of the Bremerton Municipal Code by repealing said chapter in its entirety and replacing it with a new chapter providing for updated purchasing procedures for more efficient purchasing practices while at the same time providing for accountability for said purchases; and WHEREAS, the City Council also desire to update the provisions of Chapter 2.79 of the Bremerton Municipal Code relating to the disposal of property and consolidate these provisions with the updated purchasing provisions; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 2.76 of the Bremerton Municipal Code entitled "Purchasing Procedures" is hereby repealed in its entirety. SECTION 2. Chapter 2.79 ofthe Bremerton Municipal Code entitled "Personal Property Disposal" is hereby repealed in its entirety. SECTION 3. There is hereby created a new Chapter 2.76 of the Bremerton Municipal Code entitled" Procurement and Disposal Code" to read as follows: CHAPTER 2.76 PROCUREMENT AND DISPOSAL CODE 2.76.010 PURPOSE. It is the purpose of this policy to provide guidelines for the purchase of goods and services by the City in order to maintain an efficient and accountable purchasing process. It is also the purpose ofthis policy to allow for the flexible application of 1 Procurement and Disposal Code these guidelines for more efficient and cost effective purchases where their strict application would not be in the City's best interest, such as, for example, in those instances where requests for bids or quotations would not be appropriate due to a sole source supplier or where negotiations with a particular supplier would be more appropriate due to a specialized need of the City. 2.76.020 APPLICABILITY. Any contract, written or oral, for the purchase of materials, supplies, equipment or services or the lease or rental of equipment shall be subject to the provisions of this chapter; provided that, except for the requirements set forth in Sections 2.76.100 and 2.76.110 below relating to authorization by the mayor and city council, the limitations contained in this policy do not apply to: (a) Public works or improvement contracts which shall be entered into pursuant to RCW 35.22.620 as currently enacted and as hereinafter amended. (b) Contracts for architectural and engineering services governed pursuant to Chapter 39.80 RCW as currently enacted and as hereinafter amended. (c) Purchases of materials at auctions conducted by the United States government or any agency thereof, or by the State of Washington and any of its political subdivisions. 2.76.030 DEFINITIONS. For the purposes of this chapter, the following definitions will apply: (a) "Best bid" shall mean a bid that is the best value to and in the best interests of the city when considering items such as price, available discounts, the product or service purchased including any alterations or modifications thereto, shipping, time of delivery, warranty and other terms of purchase, and any other factors relevant to the purchase. Best bid does not necessarily mean lowest price. (b) "Bid" shall mean an offer or quotation to provide goods and/or services at a specified price. (c) "Contract" or "Contract for purchase" shall mean a purchase from a wholesaler, retailer or dealer, or other similar transaction for the purchase of goods and services. (d) "Director" shall mean director of the department for which the contract for purchase is made, authorized purchasing agent, or his or her designee. (e) "Director of Financial Services" shall mean director ofthe Department of Financial Services, or his or her designee. (f) "Emergency" shall mean any situation where public health, safety and welfare are endangered. (g) "Purchase of goods and services" shall mean a contract to supply materials, supplies, equipment, the lease or rental of equipment, and/or the performance of work or labor. (h) "Written bid" or "Written request for bid" shall include e-mail and facsimile transmittals. 2.76.040 REQUESTS FOR BIDS AND BID LISTS. Requests for bids required in this section shall be solicited for the purpose of establishing comparable and competitive bid pricing and the best price for the proposed purchase. Bids received in response to such requests for bids shall be documented and submitted, along with any other relevant material, to the approving authority as set forth in Section 2.76.060. - Bids for purchases shall be obtained as follows: 2 Procurement and Disposal Code ~ f i (a) Purchases of $1 0.000 or less. Any contract, for which the estimated cost to purchase goods or services, is ten thousand dollars ($10,000.00) or less shall be entered into pursuant to such terms and conditions as may be authorized by the Director. Purchases under this subsection are not required to be entered into pursuant to solicitation or requests for bids and may be entered into through direct negotiations. (b) Purchases over $10.000 but not exceeding $25.000. If it appears that the estimated cost of a contract to purchase goods or services, other than professional and consulting services, will be over ten thousand dollars ($10,000.00) but not exceeding twenty-five thousand dollars ($25,000.00), the Director may contract as follows: (1) Telephone and/or written bids. Solicit, obtain and document telephone and/or written comparable bids for each purchase from at least three (3) sources. lfless than three (3) vendors are available for bids after reasonable attempts, then such shall be documented and bids may be obtained from the available sources, (2) Bid lists. For regularly-made purchases, a list of comparable bids may be maintained and updated periodically and purchases made from that list without soliciting bids for each such purchase, (3) Written request for bids. Request in writing and obtain from at least three (3) sources, written comparable bids for each purchase. Requests for bid should be in writing and contain appropriate specifications and terms of purchase as may be applicable. If less than three (3) vendors are available for bid after reasonable attempts, then such shall be documented and bids may be obtained from the available sources, (or) (4) Advertised request for bids. Publish notice calling for bids in a newspaper of general circulation most likely to bring responsive bids at least ten (10) days before entering into that contract. The notice shall generally state the nature of the contemplated purchase and the description or specifications thereof, and it shall require that the bids be filed with the city clerk or other designated office of the city within the time specified therein. (c) Purchases over $25.000. Ifit appears that the estimated cost ofa contract to purchase goods or services, other than professional and consulting services, will be over twenty- five thousand dollars ($25,000.00), the Director may contract for purchase as follows: (1) Written request for bids pursuant to subsection (b )(3) above, (or) (2) Advertised request for bids pursuant to subsection (b)( 4) above. (d) Award of contract on best bid. Subject to the authorization requirements set forth in Section 2.76.100, the Director may: (1) A ward a contract for purchase to the best bid as defined in Section 2.76.030(a) in response to a solicitation or request for bid pursuant to this section, (2) Reject any and all bids, and/or (3) Enter into direct negotiations with a bidder to modify the product or service to be purchased or to obtain a more favorable price or terms for the City. If an award of a contract for goods and services is made to a supplier who is not the lowest bidder, then the reason for awarding the contract to another supplier should Shall ~e documented (delivery time, warranty, the bid did not meet the product or service requirements of the City, or specific product line preferred for uniform equipment fleet etc.). (e) Local preference purchase for goods. When reviewing bids for purchase, all things being equal when considering factors such as product quality, delivery, warranty or service provided, there is a preference to purchase from a local supplier. A local supplier is a 3 Procurement and Disposal Code . , . supplier having an office or facility located in Kitsap County and be licensed to and doing business in the county. (f) Contracts with other public entities. In lieu of the requirements for requests for bids pursuant to this section, the City may, pursuant to an interlocal agreement with another public entity which has entered into a contract with a supplier pursuant to an advertised request for bid, contract with said supplier on similar terms for the purchase of materials, supplies or equipment. 2.76.050 REQUESTS FOR PROPOSALS. In lieu of the requirements for requests for bids pursuant to Section 2.76.040, requests for proposals may be utilized when deemed appropriate under such terms and conditions determined suitable to meet the needs and requirements of the particular purchase. 2.76.060 PROFESSIONAL AND CONSULTANT CONTRACTS. This section shall apply to professional and/or technical service consultant contracts in which the city enters into an agreement to purchase consultant services for city government from a corporation, firm, agency, individual, or group of individuals based on their recognized experience and knowledge within a specialized area of expertise. Contracts for professional and consultant services are not required to follow the purchasing requirements set forth in Section 2.76.040, but may be entered into through direct negotiations. 2.76.070 SUPPLY CONTRACTS AND BLANKET PURCHASE ORDERS. In lieu of requesting bids for each purchase or maintaining bid lists, the city may solicit bids or proposals for a supply contract for a specific term or issue a blanket purchase order for the supply of goods, materials, supplies, equipment or services on an as needed basis in those instances where the specific service or product in a product line or volume of units is undetermined such as the city's needs and use of office supplies. 2.76.080 DETERMINING COST OF CONTRACT. To determine the cost ofa contract for the purpose of establishing the appropriate purchasing procedures under this chapter, when the contract has no definite term or unit amount such as a supply contract or blanket purchase order, the amount of each individual purchase shall determine the appropriate purchasing procedures. Contracts may not be split to avoid the bidding and authorization requirements set forth in this chapter. 2.76.090 SOLE SOURCE PURCHASES. The requirements set forth in Section 2.76.040 for requests for bids may be waived by a written determination by the Director that either the materials, supplies, equipment or services are clearly and legitimately limited to a single source of supply',vit~illt~91lCarviCitHth~r that the materials, supplies, equipment or services are subject to special market conditions, involve special facilities or services, or that a bid would otherwise not be practicable or in the city's best interests under the circumstances, in which instances the purchase price may be best established by direct negotiation. The written determination shall also recite why this situation exists. 4 Procurement and Disposal Code 2.76.100 CONTRACT APPROVAL REQUIRED. (a) Mayor/Director approval. Any contract which is twenty-five thousand dollars ($25,000.00) or less intended for the purchase, lease or rental of supplies, material, equipment or services must be approved by the mayor or director or his or her designee to become effective and binding upon the city. (b) Council approval. Any contract which is over twenty-five thousand dollars ($25,000.00) intended for the purchase, lease or rental of supplies, material equipment or services must be approved by the City Council to become effective and binding upon the city. (c) Prior Council Consideration. When the council has specifically considered and approved by formal action a particular program or matter in which the amount of the contract and the contracting parties have been identified, such as awards of bids, funding of certain programs, authorization to purchase or to negotiate for the purpose of a particular item or service, or other similar program or matter, such consideration and approval shall constitute council authorization for the purpose of this section. 2.76.110 AMENDMENTS AND CHANGE ORDERS - APPROVAL. (a) Amendments or change orders to contracts requiring City Council approval under this chapter may be administratively approved by the Mayor if the changes are: (1) Within the scope of the project; (2) Consistent with an initial bid process, if any; (3) Executed in writing; and (4) An increase ofthe contract award amount (CAA) as follows: Contract Award Percentage Increase in Limits Amount CAA (the greater of) Less than $100,000 30% or minimum Min $0 Max $30,000 $100,000 to $500,000 20% or minimum Min $30,000 Max $100,000 Greater than 10% or minimum Min $100,000 $500,000 Max $200,000 (b) The value of all change orders will be aggregated. When any single change order, or combined change orders on the same project or single purchase exceeds the value limit, the change must be approved by City Council, except in the following instances: (1) On service contracts used to accomplish an ongoing City program as opposed to completing a short term project or purchase, change order rules, including the aggregate rule, shall be applied on an annual basis. (2) Where the size of the contract and the exhausting of change order authority make further change order authorization impractical, the City Council may, upon recommendation ofthe Mayor, extend the aggregate limits of subsection (a)(4) for specific contracts. (c) A work change directive may be used to: 5 Procurement and Disposal Code (1) Authorize and direct work that will result in an increase in contract price within the administrative authority ofthe Mayor as provided in subsection (a) for specific contracts. Work change directives that affect the contract price shall be incorporated into a change order. (2) Authorize and direct work that will result in an increase in contract price in excess ofthe administrative authority ofthe Mayor as provided in subsection (a); i) where unforeseen conditions necessitate an immediate change to avoid a contractor's claim against the City for delays, or ii) due to an emergency as defined in 2.76.030(f) above. In such circumstances, the work change directive shall be incorporated into a change order and presented to the City Council at its regularly scheduled public meeting, subject to scheduling. 2.76.120 EXCEPTION FOR RECYCLED PRODUCTS. Nothing in the chapter shall prohibit the city from preferentially purchasing products made from recycled materials or products that may be recycled or reused. 2.76.130 EMERGENCIES. When any emergency requires the immediate execution of any contract to purchase, lease or rent as described in this chapter, upon the finding of the existence of such an emergency, the mayor shall have the power to make and enter into such contract without strict compliance with the purchasing requirements set forth in this chapter. The designated department director shall issue a written basis for the emergency determination accompanied by a description and/or specification and cost estimate of the contract at the time of or as soon as practicable after the commencement of the purchase. 2.76.140 CREDIT/PURCHASE CARD USE. (a) The Director of Financial Services shall implement and maintain the following system for the distribution, authorization and control of credit/purchase cards issued to or for the benefit of the City and used by City officials and employees. (1) Distribution. Credit cards may be distributed to those City officials and employees who, in the opinion ofthe Director of Financial Services, have job responsibilities that would benefit or otherwise be facilitated by use of credit/purchase cards. (2) Authorization and Control. The Director of Financial Services shall develop specific administrative guidelines and accounting controls to ensure the proper usage of credit/purchase cards and related funds. Credit/purchase cards are to be used when it is in the best interest of City administrative affairs. (3) Application. The individual holder, upon prior approval of the Director of Financial Services, shall use each credit/purchase card in a responsible manner. (4) Credit Limits. The Director of Financial Services shall set credit/purchase limits on each card issued subject to final approval by the Mayor. Individual purchases shall not exceed five thousand dollars ($5,000.00) and in no event shall the credit/purchase card limit exceed ten thousand dollars ($10,000.00) for any individual credit/purchase card account without pre-approval of the Director of Financial Services. (5) Credit Card Restriction. The following will be considered an unauthorized transaction, purchase or use of any City credit/purchase card: (i) Cash advances; 6 Procurement and Disposal Code I . . (ii) Payment of invoices or statements; (iii) Purchases where an open charge account would be utilized; (iv) Personal purchases of any kind; and/or (v) Obtaining cash refunds for goods purchased with a City credit/purchase card. (6) Disallowed Charges. Disallowed charges or charges not properly identified will be paid by the employee before the charge card/purchase billing is due. Failure to do so will render the employee personally liable where the City shall have a prior lien against and a right to withhold any and all funds payable or to become payable to the employee up to the unpaid amount, plus interest and/or fees at the rate charged by the bank that issued the card. Employee shall not use the credit/purchase card if any disallowed charges are outstanding. The act of obtaining a City credit/purchase card does not indicate pre-approval of expenditures. (7) Return of Credit/Purchase Card. The employee shall return all City credit/purchase cards at the request of the Director of Financial Services, or upon separation of employment. Final paycheck will be held until all outstanding City property has been returned. (b) The Mayor and/or Director of Financial Services are authorized to implement any additional policies or administrative procedures necessary to implement the provisions ofthis section. 2.76.150 FERSONAE' PROPERTY DISPOSAL. (a) Surplus l1ersona~property of twenty-five thousand dollars ($25.000.00) or less in value. Approval of the City Council is not required for the sale or disposition of any City-owned surpluspef~-&na~'Property with an estimated value of twenty-five thousand dollars ($25,000.00) or less.Wheristlchp:er&ona,l~roperty has been certified for disposition by a Director, sale or disposition shall be made by the Director in accordance with methods described in subsection (c) below. Items having a nominal value may be disposed of in any reasonable and prudent manner or the Mayor may donate the item to a specific bona fide charitable organization which is tax exempt pursuant to Internal Rev~11~e<;04~ Sec. 501(c)(3). (b) Surplus:ierscinalIproperty over twenty-five thousand dollars ($25.000.00) in value. Disposition of siirpiu~:~~W,~fiitl.jtoperty with an estimated value over twenty-five thousand dollars ($25,000.00) ffiusfbe approved by the City Council. The City Council may: (1) Approve the disposition; (2) Approve the disposition with conditions; or (3) Disapprove the proposed disposition, whereupon it shall give the Director directions for further action. (c) Methods of disposition. Permissible methods of disposition of surplus;'~RerSOlla1l """"""',,, ,...,/'- property include, but are not limited to: " " , (I) Public auction; (2) Solicitation of bids; (3) Negotiated sale for approximate fair market value; or (4) Transfer to another agency of government pursuant to subsection (d) ( 4) below. (d) Statutory conditions/exceptions. Certain provisions of the Revised Code of Washington impose special conditions or procedures for the disposition of municipaEp-ifs<>nat' property. When requiredi the Director shall comply with those laws, and when authorized the Director may utilize said laws treating them as limited exceptions to the extent inconsistent with 7 Procurement and Disposal Code currently enacted and hereinafter amended: (1) RCW 35.94 - Sale or Lease of Municipal Utilities; (2) RCW 63.32 - Unclaimed Property in Hands of City Police; (3) RCW 35.21.088 - Equipment rental fund; (4) RCW 39.33 - Intergovernmental Disposition of Property; (5) RCW 39.34 - Interlocal Cooperation Act; (6) RCW 63.21 - Lost and Found Property; and (7) RCW 35.21.730 through 755 - Transfers to public corporations; and (8) RCW 46.55.230 and 240 - Disposition of junk vehicles. SECTION 4. Severability. If anyone or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. SECTION 5. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. APPROVED by the City Council the day of , 2005 PASSED by the City Council the day of ,2005 DAREN NYGREN, Council President Approved this day of , 2005 CARY BOZEMAN, Mayor ATTEST: APPROVED AS TO FORM: PAULA JOHNSTON, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the day of , 2005 EFFECTIVE the day of ,2005 ORDINANCE NO. R:\LEGAL\Ordinances\Finance\Procurement and Disposal Code.doc 8 Procurement and Disposal Code -- - -------------- DATE SUBMITTED: 3/10/05 BILL # OS-aT7 AGENDA BILL CITY OF BREMERTON Ie CITY COUNCIL ........................................................................................ SUBJECT: Approv~ofCDBGProgmn Committee Meeting Date: March 9,2005 Administrator starting and transition overlap. COUNCIL MEETING Date: March 16, 2006 Department: DCD Presenter: Rogerson; Eichhorn Phone: 473-5283;473-5375 SUMMARY: The Director of DCD has selected a candidate for the CDBG Progrmn Administrator position that will become vacant with Michelle Eichhorn's pending departure on April 6, 2005. The selected individual is highly qualified in education and experience (see attached memo). The Director has negotiated salary compensation and proposes hiring the new Administrator at Payband 11, Rate 7. This request also proposes a position overlap of 15 days maximum to provide training during transition. ATTACHMENTS: Memo to Council on justification for pay rate, Candidate's resume'. FISCAL IMP ACTS (Include Budgeted Amount): None. The higher starting salary is in large part off-set by the recent hire of the CDBG Program Coordinator at Rate 1, although budgeted at a mid- level rate, and a ten week vacancy in that position. APPROVALS: DEPARTMENT DIRECTOR: -- CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: FISCAL/BUDGET: I-/~a,.d P"II .J/f/"S CONSENT AGENDA D , . OPERATIONS: f/~,.tA rn .gj f /oS" COUNCIL PRESIDENT: y~ ~I'- - RECOMMENDED MOTION: Motion to approve the hire of the CDBG Progrmn Administrator at Band 11, Rate 7, of the Professional Pay Plan and authorize a position overlap for transition purposes not to exceed 15 days. COUNCIL ACTION: 0 Approve o Deny o Table D Continue o No Action ----------- ''';;''1\t,~~;;x,,\'~il~~II:.' DEPARTMENT OF .....<.,......-. ....'.,.. ,.. '1" COMMUNITY DEVELOPMENT ';lIltJ~l VlEMORANDUM ~ - ~~~~~~;~~tn;~l~~~;;:i~}~~~~:Ji~:~~~~,~~~~~~~~tr~~);\i~~::~~i1tll~~1~Z\\~~~:' ,: , '.,' ;'"~-'_" 0""" ,c -, ,',>,_ To: President Nygren and Members, Bremerton City Council From: Chris Hugo, Direct<?r Date: March 10, 2005 Re: PROPOSED HIRE OF THOMAS BARTLETT AS CDBG PROG ADMINSTRATOR The Administration proposes to hire Mr. Bartlett to fill the vacant CDBG Programs Administrator position at higher than entry pay rate and asks the Council's approval. We have been working to fill this position for over a month, and Mr. Bartlett is the most capable professional that we interviewed from a group of six finalists. POSITION BACKGROUND Initially the Coordinator and the Administrator shared the same title, "Administrative Analyst." During the process to set the 2003 Budget, these two positions were renamed to "CDBG Programs Coordinator" and "CDBG Programs Administrator." It was proposed that these be changed to more clearly identify the job function and to set a minor staff hierarchy within the CDBG program function. The Administrator position is becoming vacant with the resignation of Michelle Eichhorn, on April 6th, 2005. SELECTION PROCESS We advertised the vacancy in February and interviewed six finalists in early March. Of those, two individuals stood out with the professional characteristics that we were seeking, Michelle Eichhorn, Cathy Johnson and I conducted interviews with all applicants and that Mr. Bartlett's experience was appropriate for the position and that he had ~kin:~ that wot!~=; nf nr~P1t ht::nBfit tn the City ~-nd Denartnlerd - v.._~---_...---~-....-- -_.- -....1 d~ ..,.,Pf--- "",,-_i!: ~._.. SALARY NEGOTIATION At the conclusion of the interview with Mr. Bartlett, we discussed C'.onditions of employrnent Bec..fituse of his level of pn;>fessional experience, he proposed a starting salary at rate above Rate 1 in Pay band 11 < I explained the City procedures to hire above the rate_ l JUSTIFICATION Rate 1, Pay band 11 is thEf entry level pay rate for the COBG Program Administrator position. In addition to attaining a bachelor's degree from Orury University, Mr. Bartlett has gained 14 years of experience in community development work, which includes 10 years of project management with the COBG and Habitat for Humanity programs. Mr. Bartlett is passionate about community, particularly the social development realms most relevant to the COBG program function. His work history is not appropriate for an entry-level hire. The salary issue has been negotiated to this final proposal. Mr. Bartlett has personal reasons to continue his professional career in Bremerton. He is current earnings are a level much higher than Rate 1, Pay band 11. In addition, he is currently our best and only choice for filling the vacant position in a timely manner. Since Michelle Eichhorn will be departing the City April 6th it is imperative that the position be filled for the necessary program training to begin. Furthermore, the higher starting salary is fully off-set by the recent hire of the COBG Coordinator at Rate 1, although budgeted at a mid-level rate. RECOMMENDATION Based on his education, experience and anticipated value to the city in this position and as a personable and skilled public servant, I recommend that Mr. Bartlett be hired at Pay-band 11, Rate 7. . Page 2 ------~- THOMAS (THOM) H. BARTLETT P. O. Box 2225 ,< Silverdale, Washington 98383 Phone/Fax (360) 692-3489 EmaiI: tharrybartlett@hotmaiI.com Cell (850) 559~O517 QUALIFICATIONS SUMMARY Senior executive with extensive management experience involving organizational development and community relations. Broad experience in public, business and non-profit sectors. Experienced professional working in fast paced environments demanding strong organizational, technical and interpersonal skills. Confident and poised in interactions with individual at all levels. Detail oriented and able to multi-task effectively. · Community Relations · Communications · Facilities Management · Community Development · Strategic Planning · Team Building · Change Management · Negotiations · Budgeting with P/L Responsibility EXPERIENCE HIGHLIGHTS Community Development . Responsible for oversight of $4M in Federal funding disbursement. Researched, developed and led programs with accountability to Director of Development, Mayor and City Council. . Created and led an adult prisoner-training project with businesses and community groups resulting in 50% reduced recidivism, construction of 18 houses and 100% employment. . Created and led public housing resident training project with banks, public schools and businesses resulting in awarding of GED to all participants, construction diplomas and 100% employment. . Received the 'Mayor's Award for Excellence', Memphis, TN City Government. Budgeting . Planned, Budgeted and Directed refurbishment of six building office complex housing 125 employees, including Information Systems infrastructure, for 3/4 of estimated $2M cost and in 2/3 of estimated time. . Created and managed all aspects of $2+ Million budget (budgeting, financial reports, oversight of accounting activities) for exclusive island community. Communications . Researched, developed and carried out community development plan that increased corporate partnerships by 25% and non-profit collaborations by 50%. . Led team responsible for International Housing Summit involving United Nations, U.S. State Department, White House and Carter Center resulting in support of global building projects. Strategic Planning . Member of seven member Executive Strategic Planning Committee tasked with reorganizing $250 Million multi-national NGO (non governmental organization). . Directed team researching staffing requirements and implemented reorganization and relocation of 500+ employees headquarter staff. Management . Director of Operations Division that included departments of travel, transportation, purchasing, distribution, logistics, safety/security, physical plant and real estate with $2M annual budget. . General Manager of exclusive resort community, located on St. George Island, Florida, private airport with 3,500' runway, 52 miles of community owned roads, 21 miles of beach and marshland coast including environmentally sensitive areas, 24 beach boardwalks, tennis courts, swimming pools, and indoor recreational facilities. . Director of Operations in minor league baseball leading the 30-person business operations team with a $IM annual budget. Ranked by The Sporting News in Top Ten of all minor league operations in 1987. -- Change Management . Member of senior management committee tasked to improve company profitability & directed efforts in business expansion and licensing in to all western states. . Increased work order completion 55%, reduced work follow-up calls 50% and complaints 65% by technology, customer and cross training, teambuilding, accountability procedures. . Led taskforce ofInformation Systems, Communications, Finance and Operations resulting in 75% reduction in time and 45% reduction in costs in production of all in-house printed material. Negotiations . Representative to governmental, corporate and political offices, and state and local community organizations. . Led in acquisition and re-habilitation of property sites totaling 3 buildings, 17 acres and 250,000 sq. ft. of usable space for offices, warehousing and distribution, and print shop. . Negotiated multiple service contracts with concession, souvenir, security, facilities maintenance, special events and advertising companies. . Successfully negotiated multi-million dollar long-term agreements for communications contracts. EMPLOYMENT HISTORY Operations & H. R. Manager, Anchor Bay Insurance Managers, Inc., Silverdale, W A 2004 Director-H. R./Asst. Property Manager, Prudential Resort Realty, S1. George Island, FL 2003-04 General Manager, S1. George Plantation, S1. George Island, FL 2001-03 Habitat for Humanity International 1995-00 . Director of Operations & H. R., Great Britain & Europe, Banbury, England ' 1999- 00 . Director of Re-organization Implementation & Relocation, Phase II, Americus, GA 1998 · Director of Operations, Americus, GA 1995-99 Community Development Special Projects Manager, Memphis City Govt., Memphis, TN 1990-95 Director of Operations, Kansas City Royals Minor League Baseball, Memphis, TN 1986-89 FORMAL EDUCATION & TRAINING BA, Political Science, Business & Economics - Drury University, Springfield, MO MA, Communications - Southwestern Seminary, Ft. Worth, TX COMPLETED CONTINUING EDUCATION Network & PC Computer Applications Word · Excel. Power Point. Entech Property Management Access · Microsoft Desk Top Publisher · Microsoft PhotoDraw Organizational and Management Courses University of Memphis · North Oxfordshire College, Banbury, England. Western Kentucky University University of Southwest Georgia · Stephen Covey Seminars · Tom Peters Seminars COMMUNITY INVOLVEMENT Kitsap Artists Association, W A · West Sound Human Resource Management Association · Kitsap Adoption Group · Chamber of Commerce Board of Directors, Apalachicola, FL · Vice-Chairman, Zoning & Planning Commission, Americus, GA · 'Building for the Future' Board (a consortium of Memphis City Government, Shelby County Government, Memphis Public Schools, local businesses and non-profit organizations in Memphis, TN) · 'Youth Build' Board (a consortium of Memphis City Government, Memphis Public Schools and community development non-profit agencies in Memphis, TN) · International Festival Board · Franklin County (FL) Habitat for Humanity Affiliate · International Refugee Center Volunteer Instructor & Fund Raiser · Royal Historical Society, Banbury, England · U. S. Coast Guard Auxiliary · S1. George Island Volunteer Fire Department